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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 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 22 24 25 26 27 28 29 30 31 32 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: .<*" W-^r^->~~~ l**5&•*» ,~—W • "• yn i#r r^ *£ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 "(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 -rVV-MJ-i- --J-r. /*> I JXJ- X V^. ^l-l-, ^\ ~ ^^Ddnaltl AT~flgate|3vSecretfcry -2- *-' ,*s•V* 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 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. -2- 1 have side yards as follows: 2 (1) Interior lots shall have a side yard on each side of the 3 4 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 10 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. 13 14 15 16 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 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. -3- 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: 10 11 ROBERT C. FRAZEE, Mayor 12 13] ATTEST: 14 15 16 I MARGARET E. ADAMS, City Clerk 17 (SEAL) 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 -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. JonaTcl ATAgatep DAA/vb