HomeMy WebLinkAbout1975-06-03; City Council; 3381; Request for approval of an amendment to Title 21CITY OF CARLSBAD
AGENDA BILL NO. ££f/ Initial:
DATE: June 3,. 1975 Dept.Hd._ _
C.
DEPARTMENT: _ Planning _ | _ C M r
___^ _
Subject:
REQUEST FOR APPROVAL OF AN AMENDMENT TO TITLE 21
_ OF THE MUNICIPAL CODE (ZCA-68) _ '
Statement of the Matter
The Planning Commission is recommending approval of a zone code
amendment (ZCA-68) to allow residential uses in the C-l and C-2
zones by Conditional Use Permits in certain limited circumstances.
Exhibit
Planning Commission Resolution No. 1154
Memorandum to Planning Commission dated 5-13-75
Ordinance No.
Recommendation;
That ZCA-68 be approved for the reasons outlined in Planning
Commission Resolution No. 1154. ~ If City Council concurs,
introduce Ordinance No. tf*J-*L>b
Council Action
6-3-75 Following the Public Hearing, Ordinance No. 9426 was intro-
duced for a first reading.
6-17-75 Ordinance #9426 was given a second reading and adopted.
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PLANNING COMMISSION RESOLUTION NO. 1154
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF CARLSBAD, CALIFORNIA, SETTING FORTH ITS FINDINGS
AND RECOMMENDATIONS RELATIVE TO AN AMENDMENT TO
TITLE 21 OF THE MUNICIPAL CODE, CHAPTERS 21.26 AND
21.28: RESIDENTIAL USES IN THE C-1 AND C-2 ZONES
BY CONDITIONAL USE PERMIT IN CERTAIN LIMITED CIRCUMSTANCES.
WHEREAS, the Planning Commission declared its intention to recommend to
the City Council an Amendment to Chapters 21.25 and 21.28 of the Municipal
Code; and
WHEREAS, the Planning Commission did hold a duly noticed Public Hearing
to consider the subject amendment; and
WHEREAS, the Planning Commission received all testimony from those persons
interested in and opposed to the proposed Zone Code Amendment; and
WHEREAS, the Planning Commission did find the following facts and reasons
to be present which in their opinion are necessary to carry out the general
purpose of Title 21 of the Carlsbad Municipal Code:
1) Requiring review of residential development in commercial zones
through a Conditional Use Permit will insure compatible development
and protect the necessary residential environment and amenities.
2) The amendment will promote the implementation of the General Plan by
better defining use districts and providing protection to residential
uses.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of
Carlsbad that it does recommend approval to the City Council the changes made
in Chapters 21.26 and 21.28 of the Municipal Code to allow residential uses in
the C-1 and C-2 Zones by Conditional Use Permit in certain limited circum-
stances, those particular changes being shown in Exhibit A attached.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City of Carlsbad
Planning Commission held on May'13, 1975, by the following vote, to wit:
AYES: Commissioners Fikes, Jose, L'Heureux, Packard, Watson, Wrench
ABSENT: Commissioner Dominguez
Gary Wrench, Chairman
ATTEST:
MEMORANDUM
May 13, 1975
TO: PLANNING COMMISSION
FROM: ASSISTANT PLANNING DIRECTOR
RE: ZCA-68
RESIDENTIAL USES IN THE C-l AND C-2 ZONES
The City Council directed staff to prepare an ordinance amendment revising
the provisions of the C-l and C-2 zones in regard to residential uses. The
City Attorney did the draft, and this is forwarded for your consideration,
(attached Exhibit A)
The existing code permits residential uses above the ground floor. The
revised ordinance strikes reference to residential uses from the permitted
uses in the C-l and C-2 zones. It then permits residential uses by
Conditional Use Permits, provided the residence is above the ground floor
of a permitted commercial use.
This amendment should resolve the City Council concern that there could
be developed indiscriminately residential uses in commercial zones that
could interfere with commercial cohesiveness and provide a poor environ-
ment for residences. Development criteria would be approved by the Planning
Commission at time of Conditional Use Permit hearing.
RECOMMENDATION:
It is recommended that the Planning Commission approve ZCA-68 as submitted
in Exhibit A, dated 3/19/75, for the following reasons:
1) Requiring review of residential development in commercial zones
through a Conditional Use Permit will insure compatible develop-
ment and protect the necessary residential environment and amenities.
2) The amendment will promote the implementation of the General Plan
by better defining use districts and providing protection to
residential uses.
/U
Bud Plender
BP/br - 4/28/75
Attachment: Exhibit A
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The
does ordain
ORDINANCE NO. 9426
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, AMENDING
CHAPTERS 21.26 AND 21.28 OF THE CARLSBAD
MUNICIPAL CODE BY THE AMENDMENT OF SECTIONS
21.26.010 AND 21.28.010 AND THE ADDITION OF
SECTIONS 21.26.015 'AND 21.28.015 TO ALLOW
RESIDENTIAL USES- IN THE C-l AND C-2 ZONES
BY CONDITIONAL USE PERMIT IN CERTAIN
LIMITED CIRCUMSTANCES .
City Council of the City of Carlsbad, California,
as follows:
SECTION 1: Chapter 21.26 of the Carlsbad Municipal Code
•
is amended by the amendment of Section 21.26.010 to read as follows
"21.
lowing uses
and allowed,
26.010 Permitted uses. In a C-l zone only the fol-
are permitted as are hereinafter specifically provided
subject to the provisions of Chapter 21.44 governing
off-street parking requirements:
(1)
(2)
(3)
(4)
(5)
(6)
Accountants;
Attorneys;
Bakeries;
Barbershops or beauty parlors;
Book or stationery stores;
Doctors, dentists, optometrists, chiropractors and
others practicing the healing arts for human beings, and related
uses such as
laboratories
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
oculists, pharmacies (prescription only), biochemical
and X-ray laboratories;
Dressmaking or millinery shops;
Drugstores;
Dry goods or notion stores ; -
Engineers, architects and planners; . -
Florist shops;
Grocery or fruit stores;
Hardware stores ;
Hotels, motels;
Jewelry stores;
Laundries or clothes cleaning agencies;
Laundromats ;
Liquor stores (off-sale);
Meat markets, delicatessen stores, paint stores and
pet supply shops;
(20)Private clubs, fraternities, sororities and lodges,
excepting those the chief activity of. which is a service customarily
carried on as a business;
' 0
7,6^
VINCENT F. BIONDO, JR.CITY ATTORNEY - CITY OF CARLSBAD1200 ELM AVENUE •CARLSBAD, CALIFORNIA 92008 ' •1
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(21) Institutions of a philanthropic or eleemosynary
nature, except correctional or mental;
(22) Realtors;
(23) Restaurants, tea rooms or cafes (excluding dancing
or entertainment and on-sale liquor) ;
(24) Service stations;
(25) Signs;
(26) Shoe stores or repair shops;
(27) Tailors, clothing or wearing apparel shops;
(28) Similar establishments catering directly to consum-
ers."
SECTION 2: Chapter 21.26 of the Carlsbad Municipal Code
is amended by the addition of Section 21.26.015 to read as follows:
"21.26.015 Conditional uses. When one or more of the
uses permitted by Section 21.26.010 is located on the ground floor
of a multistoried building, that portion of the building above
the ground floor may be used for residential purposes if such use
is permitted pursuant to a conditional use permit."
SECTION 3: Chapter 21.28 of the Carlsbad Municipal Code
is amended by the amendment of Section 21.28.010 to read as follows
"21.28.010 Permitted uses. In a C-2 zone only the follow-
ing uses are permitted as are hereinafter specifically provided
and allowed, subject to the provisions of Chapter 21.44 governing
off-street parking requirements:
(1) Any use permitted in the C-l zone;
(2) Auto repairing;
(3) Bars and cocktail lounges (on-sale liquor) ;
(4) Pet shops;
(5) Photo engraving;
(6) Upholstering shops;
(7) Retail, wholesale or service businesses catering
directly to the consumer."
SECTION 4: Chapter 21.28 of the Carlsbad Municipal Code
is amended by the addition of Section 21.28.015 to read as follows:
"21.28.015 Conditional uses. When one or more of the uses
permitted by Section 21.28.010 is located 'on the ground floor of
a multi-storied building, that portion of the building above the
ground floor may be used for residential purposes if such use is
permitted pursuant to a conditional use permit."
EFFECTIVE DATE: This ordinance shall be effective thirty
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days after its adoption, and the City Clerk shall certify to the
adoption of this ordinance and cause it. to be published at least
once in the Carlsbad Journal within fifteen days after its adop-
tion;
INTRODUCED AND FIRST READ at a regular meeting of the
;
Carlsbad City Council held on the 3rd day of June , 1975,
and thereafter
PASSED AND ADOPTED at a regular meeting of said Council
held on the 17th day of June , 1975, by the following vote,
to wit :
AYES: Councilmen Frazee, Chase, Lewis, Skotnicki and
Counci 1 woman Casler
NOES: None
ABSENT: None
c.^7 ^
JYS^"^ ^P*^ "&" /^^ ~^
y I /} 7\-&-(.-r {. L^--"^^l^ sy a/ L U- u *" 'j*-'£.
ROBERT C. FRAZEE, Mayor
ATTEST :
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/// /44J&&&' £, /,'//sL.t£.*-rts£>-'
MARGAREf E. ADAMSV City Clerk
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(SEAL) . '
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