HomeMy WebLinkAbout1976-01-06; City Council; 3560; Commercial Limited Residential Zone ClassificationCITY OF CARLSBAD
AGENDA BILL NO. ^S"^^>
DATE: January 6, 1976
DEPARTMENT: PLANNING
Initial :
1 NikDept. Hd.,kJjjJ/\
City Atty V/^^5
}City Mgr. TNJ
SUBJECT: proposed Zone Code Amendment (ZCA 78) to create a Commercial-
Limited Residential Zone Classification (C-LR)
Statement of the Matter The City Council in response to Land Use
Element public hearings directed staff to prepare a zone ordinance
that would accommodate a combination of commercial and residential
uses. A draft of the proposed ordinance was reviewed by the City
Council on November 18, 1975 and staff was instructed by the City
Council to set the matter for public hearing before the Planning
Commission at the earliest practical date.
The Planning Commission at its regular scheduled meeting of December
10, 1975 held a duly noticed public hearing (utilizing bilingual
aotlces) for the purpose of taking public testimony. The Planning
Commission amended two sections of the proposed ordinance by adding:
(1) Subsection (1) to Section 21.25.030 that limits residential
use to one or two dwelling units per lot as a matter of right.
(2) Section 21.25.040 - Modify by changing subsections:
(1) Residential use of three or more dwelling units per lot
by approval of Conditional Use Permit.
(4) Restaurants, including those with on-site sale of
alcoholic beverages, by approval of Conditional Use Permit.
The Planning Commission recommends approval of ZCA 78 with changes as
indicated in Planning Commission Resolution 1211.
Exhibits:
Staff Report - December 10, 1975
Exhibit A, November 26, 1975 (Proposed C-LR Ordinance)
Planning Commission Resolution 1211
Memo to City Manager from Planning Director dated Dec. 15, 1975
Recommendation - If the City Council concurs with the recommendations
of the Planning Commission as outlined in Planning Commission Resolution
1211, it is recommended that the City Attorney be instructed to prepare
the necessary documents.
(SEE PAGE 2 FOR COUN$IL
Agenda Bill #3560 Page 2
Council action
1-6-76 The City Attorney was instructed to prepare the necessary
documents for approval of the proposed Zone Code Amendment,
to include the recommendations of the Planning Commission
set forth in Resolution #1211.
CITY OF CARLSBAD
PLANNING DEPARTMENT
STAFF REPORT
December 10, 1975
TO:
FROM:
CASE NO.:
PLANNING COMMISSION
PLANNING DEPARTMENT
ZCA-78, Creation of
Zone Classification
21 of the City Code
a Commerical-Limited
(C-LR) as Chapter 21
Residential
25 of Title
SECTION I: RECOMMENDATION:
It is recommended that ZCA-78 as indicated in Exhibit A dated November
26, 1975 be APPROVED for the following reasons:
(1) There exists a need to provide an area of mixed resi-
dential-commercial uses in the City, especially in the
center city area;
(2) When a oplied, this zone will permit certain existing uses
to become conforming to the zone;
(3) This amendment will help implement the General Plan in
the area designated as the C.B.D. which is to be an area
of mixed uses within certain limitations; and
(4) There will no adverse effect on the environment
since the area that the zone will be applied is
presently developed.
SECTION II; DISCUSSION:
This amendment is in repsonse to a land use/zoning conformity problem
in and around the Carlsbad downtown area, specifically Roosevelt
Street between Elm and Walnut. The area is zoned commercial (C-2), but
the primary use existing in the area is residential. The commercial
zoning makes the residential uses nonconforming.
Since most of the devel opment is residential, and there appears to be little
reason to develop commercially in this area, the City considered rezoning
the area. Some property owners in the area felt, however, that there
was a need for commercial, and that they did not want the existing commer-
cial to be nonconforming in a residential zone. Since this area obvious-
ly needed study, the City Council placed a moritorium on building per-
mits and directed staff to prepare solutions to the problem.
Staff suggested that either the area be rezoned to a Qualified Zone
overlay, which would require Site Development Plan aporoval on all
new development,or create a new zone classification that would con-
tain the existing use and give some method to integrate appropriate
residential uses into the commercial character of the area. The
City Council chose the latter alternative and directed the Planning
Commission to hold a public hearing on this amendment as attached
Exhibit A.
This zone will permit by right a limited amount of commercial uses
that are presently existing in the area and those uses presently
permitted in the R-P zone, which is a similar type of conditional
use zone. To assure proper integration of residential uses, a
CUP is required for such residential development. In addition,
development standards are established to protect the residential
uses, i.e., building height, yard setbacks and lot coverage.
ATTACHMENTS:
Exhibit A, dated November 26, 1975
BPrmdp
11/26/75
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PLANNING; COMMISSION RESOLUTION NO. 1211
RESOLUTION OF THE PLANNING COMMISSION OF THE CITYOF CARLSBAD, CALIFORNIA, SETTING FORTH ITS FINDINGSAND RECOMMENDATIONS RELATIVE TO AN AMENDMENT TOTITLE 21 TO CREATE A COMMERCIAL-LIMITED RESIDENTIALZONE CLASSIFICATION (C-LR) AS CHAPTER 21.25 OF THECITY CODECASE NO. ZCA-73APPLICANT: CITY INITIATED
WHEREAS, the Planning Commission of the City of Carlsbad did adopt
Resolution of Intention No. 3788 declaring its intention to recommend to the
City Council an Amendment to Title 21 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, if any, 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) There exists a need to provide an area of mixed residential-
commercial uses in the City, especially in the center city area;
(2) When applied, this zone will permit certain existing uses to become
conforming to the zone;
(3) This amendment will help implement the General Plan in the area
designated as the C.B.D. which is to be an area of mixed uses within
certain limitations; and
(4) There will be no adverse effect on the environment since the area
that the zone will be applied is presently developed.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of
Carlsbad that it does recommend approval to the City Council of an amendment to
Title 21, creating a Commercial-Limited Residential Zone Classification (C-LR)
as Chapter 21.25 of the City Code, as per Exhibit A, dated November 26, 1975
and attached hereto, with the following changes:
(1) Section 21.25.030: Modify by adding a new subsection (1) as follows:
"(1) Residential use not exceeding two dwelling units per lot."
(Note: Remaining subsection to be appropriately renumbered.)
(2) Section 21.25.040: Modify by changing subsection (1) as follows:
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"(1) Residential use of three or more dwelling units per lot."
Add subsection (4) as follows:
"(4) Restaurants, including restaurants with on-site alcoholic
beverage."
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City
Planning Commission held on December 10, 1975, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Commissioners Watson, Dominguez, Larson, Fikes, Jose,
L'Heureux
None
Commissioner Packard
None
ATTEST:
Jr., Chairman
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X , -..-.^ ''ifc., .
EXHIBIT
November
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF CARLSBAD, CALIFORNIA,
AMENDING TITLE 21 OF THE CARLSBAD
MUNICIPAL CODE BY THE ADDITION OF
CHAPTER 21.25 to PROVIDE FOR THE
C-LR COMMERCIAL LIMITED RESIDENTIAL
ZONE.
The City Council of the City of Carlsbad, Californ
ordain as follows:
SECTION 1: That Title 21 of the Carlsbad Municipa
amended by the addition of Chapter 21.25 to read as fo
"Chapter 21 .25
COMMERCIAL-LIMITED RESIDENTIAL ZONE (C-LR)
Sections:
21.25.010 Intent and purpose.
21.25.020 Application.
21.25.030 Permitted uses and structures.
21.25.040 Uses and structures permitted by condit
use permit.
21.25.050 Building height.
21 .25.060 Front yard.
21.25.070 Side yards.
21 .25.080 Rear yard.
21 .25.090 Lot area.
21.25.100 Density permitted.
21.25.110 Lot width.
21 .25. 120 Lot coverage.
21.25.010 Intent and purpose. The intent and
A
26, 1975
i a does
1 Code is
1 lows :
i o n a 1
purpose
of the C-LR Commercial-Limited Residential Zone is to:
(1) Provide a method of insuring an orderly, proper,
and harmonious transition between the downtown and surround-
ing residential uses through the use of development and
performance standards which will regulate the use, physical
orientation, and operation of proposed residential structures
and improvements, as well as the use of the land itself in
specific areas adjacent to the downtown.
(2) Require that development and performance standards
are used to insure compliance with the General Plan and any
applicable Specific Plans.
(3) Provide that development will be compatible with
surrounding land uses.
21.25.020 Application. It is intended that the C-LR
Zone be place on properties that are in the immediate
of the downtown as designated by the General Plan and
cable Specific Plans.
v i c i n i ty
any appli-
1 21.25.030 Permitted uses and structures. In the C-LR
Commercial-Limited Residential Zone, only the following uses2 and structures are permitted subject to the requirements of this
Chapter and to the development standards provided in Chapters
21.41 and 21.44:
(1) Administrative and executive offices;
(2) Accountants and attorneys;
(3) Bakeries (non-manufacturing)
(4) Barbershops and beauty parlors;b (5) Clinic, medical and dental, including incidental
~ laboratories and pharmacies;
(6) Dry goods, specialty, or general stores, not to
ft exceed 5,000 sq. ft. gross floor area
(7) Engineers, architects and planners;
(8) Grocery stores, not to exceed 10,000 sq. ft. gross
floor area
(9) Insurance agencies and services10 (10) Investment agencies and services, including financial
institutions;
(11) Labor union offices;
(12) Libraries;
(13) Medical offices and clinics, including incidental
mortuaries;
(14) Offices, business and professional, including incidental
_. commercial facilities such as blueprint and photocopy
shops, business machine sales, computer and data pro-
cessing centers, new stores, duplicating and mimeo-
graphing services and tobacco shops;
.. _ (15) Parking lots and parking buildings;10 (16) Photography studio;
(17) Prescription pharmacies;
(18) Public buildings;
(19) Real estate and related services1 (20) Schools, business, vocational and professional, includ-
,g ing art, barber, beauty, dance, drama, music and
swimming; and
20 (21) Other similar uses which the Planning Commission may
determine fall within the intent and purposes of this
zone district, are of a comparable nature to the
uses enumerated in this chapter, and will not be detri-
22 mental to property in the vicintiy.
23 21.25.040 Uses and structures permitted by conditional
use permit. The following uses and structures shall be permitted
24 by conditional use permit:
(1) Residential, density determined at time of CUP approval;
25 (2) Motels or hotels; and
(3) Child care nurseries, where is provided on the lot or
26 adjacent to the premises, a single play lot not less
than six hundred square feet in area, plus an addi-
27 tional seventy-five square feet in area for each child
in excess of none. Such play lot shall not be located
28 in any required front or side yard.
29 21.25.050 Building height. No building shall exceed
a height of thirty-five feet.
30 21.25.060 Front yard. Every lot in the C-LR Zone shall
31 have a front yard of not less than twenty feet, except those
professional and commercial uses permitted in this zone may
32 utilize this front yard area for uncovered parking in accordance
with Chapter 21.44 and provided the ingress and egress is designed
to eliminate the need to back onto the public right-of-way.
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have side yards as follows:
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(1) Interior lots shall have a side yard on each side of the
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yards as follows:5
(a) On the side lot line which adjoins another6
required on an interior lot;
(b) On any side of a lot which is adjacent to a
8 street, the side yard shall be not less than
ten feet in width.9
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parking not served by an alley may be located in the rear yard.
12 lot in the C-LR Zone shall be not less than seven thousand five
hundred square feet.
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21.25.070 Side yards. In the C-LR Zone every lot shall
lot not less than five feet in width.
(2) Corner lots and reversed corner lots shall have side
lot, the side yard shall be the same as that
21 .25.080 Rear yard. In the C-LR Zone every lot shallihave a rear yard of not less than five feet, except uncovered
21.25.090 Lot area. The minimum required area of a
21.25.100 Density permitted. Densitites for residential
developments shall be as approved by Conditional Use Permit.
21.25.110. Lot width. Every lot created after the
effective date of the ordinance codified in this Chapter, shall
maintain widths not less than fifty feet at the rear line of the
required front yard.17
21.25.120 Lot coverage. All buildings, including acces-
sory buildings and structures, shall not cover more than sixty
percent of the area of the lot.
SECTION 2: Title 21, Chapter 21.05, of the Carlsbad Muni-
cipal Code is amended by the amendment of Section 21.05.010
to change to word "twenty-two" to "twenty-three" and to add
the C-LR Commerical-Limited Residential Zone to the classes of
zones listed therein.
SECTION 3: Title 21, Chapter 21.05, of the Carlsbad Muni-
cipal Code is amended by the amendment of Section 21.05.020,
Subsection (2), to insert "C-LR" between "R-P" and "C-l".
EFFECTIVE DATE: This ordinance shall be effective thirty
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.
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1 INTRODUCED AND FIRST READ at a regular meeting of the
2 Carlsbad City Council held on the day of_
3 1975, and thereafter
4 PASSED AND ADOPTED at a meeting of said City Council held
5 on the day of , 1975, by the following
6 vote, to wit:
7 AYES:
8 NOES:
9 ABSENT:
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ROBERT C. FRAZEE, Mayor
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13] ATTEST:
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16 I MARGARET E. ADAMS, City Clerk
17 (SEAL)
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-A-
MEMORANDUM
December 15, 1975
TO: CITY MANAGER
FROM: PLANNING DIRECTOR
SUBJECT: ZONE CODE AMENDMENT (ZCA-78) TO CREATE A COMMERCIAL -
LIMITED RESIDENTIAL ZONE CLASSIFICATION (C-LR) AS CHAPTER
21.25 OF TITLE 21
On August 20, 1974, the City Council adopted an emergency ordinance pro-
hibiting commercial development in the Roosevelt Street Study Area, as
determined in Ordinance 9403. The City Council also directed staff to
prepare a Zone Ordinance Amendment that would accomodate the existing uses
in this area that would be to the general satisfaction of the property
owner in the study area. The City Council reviewed staffs proposed
Ordinance Amendment on November 18, 1975 and adopted Resolution of
Intention No. 3788 setting it to public hearing.
At the request of the City Council, staff notified by mail all property
owners in the study area (the letter was bilingual). In addition, copies
of this letter were placed at the Boys Club for distribution.
On December 10, 1975, the Planning Commission heard this amendment. Only
two citizens were in the audience, and one, Mrs. Davilla, owner of the
El Charro Restaurant, spoke on the matter. She requested that restaurants
be permitted in the C-LR Zone.
The Planning Commission approved the Ordinance recommending changed in the
use portion by permitting by right one or two family residential uses and
permitting by Conditional Use Permit restaurants and on-site alcoholic
beverage sale.
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