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HomeMy WebLinkAbout1976-10-05; City Council; 3777; Amendment to General Plan Land UseAGENDA BILL NO. ^777 DATF. - - October- 5, 1976 U" ' ^ •: / / V CITY OF CARLSBAD Initial: DEPARTMENT: ' " City Mgr. SUBJECT: GRA-42. AMENDMENT TO THE GENERAL PLAN LAND USE TEXT AND PLAN Statement of 'the Matter At the August 17, 1976 meeting, the City Council moved to consider the deletion of the subcategory related to traffic dependent uses of the Tourist Service category and change a certain portion of a T-S land use area to another commercial category. The Planning Commission held hearing and recommended approval of these two amendments. (See attached Planning Commission report dated September 8, 1976 and Planning Commission Resolution 1270.) Exhibits Resolution No. 1270 Memorandum to City Council from Planning Department dated September 15, 1976 Staff Report to Planning'Commission dated September 8, 1976 Recommendation It is recommended that the City Council approve GPA-42 that deletes subcategory 2 from the Tourist Service land use category and changes the designation, of a-.cer- tain 1.7 acre of property from the T-S to the Regional Service (R-S) category. If Council concurs, the matter should be referred to the City Attorney for preparation of documents. t Council action 10-5-76 The Council accepted the staff recommendation and the City Attorney was instructed to prepare the necessary documents for approval. FORM PLANNING 73 1 2 3 4 5 WHEREAS, the Plannning Commission did on the 8th day of Sept- ember, 1976, hold a- duly noticed public hearing as prescribed by8 law to consider amendments to the General Plan making minor amend- jments and additions to the Land Use Element Text and Land Use Plan; ul.nd WHEREAS, the subject General Plan Amendments have complied ,.,.„.. the requirements of the City of Carlsbad Environmental Pro-_Lo 14 15 16 17 18 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 1270 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOM- MENDING TO THE CITY COUNCIL ADOPTION OF GPA-42, MINOR AMENDMENTS TO THE LAND USE ELEMENT TEXT AND LAND USE PLAN OF THE GENERAL PLAN tection Ordinance of 1972; and WHEREAS, at said public hearing, after the testimony and ar- guments of all persons who desired to be heard, said Commission considered all the factors relating to the General Plan Amendments and found the following facts and reasons to exist: 1) The present classification of "Travel Services and Traffic Dependent Commercial" describes two dissimilar types of land use; 2) The present locations of the "TS" designation on the Land Use Plan are appropriate for the "Travel Service" uses but not for the "Traffic Dependent" uses; 3) There is not a need for a separate "Traffic Dependent" classi- fication since the uses under this category can appropriately be located within other commercial designations; 4) It is unnecessary and inappropriate to have the entire north- west corner of Interstate-5 and Palomar Airport Road designated as "TS" becuase there are existing uses that do not fit the "TS" designation; and 5) These amendments will not adversely affect the environment because: a) The change to the text simply eliminates inconsistent o and confusing wording from the definition of the "Travel Service" commercial classification. 2 b) The change of designation on the two (2) acre parcel / will not affect existing uses. 5 c) Both changes are generally of an administrative nature and will have a minimal effect on the physical and human environment. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the above recitations are true and correct. B) That the following amendments and additions to the General Plan are recommend to the City Council for approval : 1) Change the full title of the "TS" category in both the text and plan from "Travel Service and 13 Traffic Dependent Commercial" to "Travel Service Commercial"; 14 2) Delete the present definition of "Traffic Depen- 15 dent Commercial" (Subcategory 2) and retain the present definition of "Travel Service Commercial" 16 (Subcategory 1); 17 3) Designate on the plan "RS" (Regional Service) " as the land use for the 1,7 acre area located 18 between Avenida Encinas and Interstate 5, north of Palomar Airport Road. 19 PASSED, APPROVED AND ADOPTED at a regular meeting of the 20 Planning Commission held on September 8, 1976 by the following 21 vote, to wit: 22 AYES: Commissioners Larson, L'Heureux, Watson, Fikes, 23 Nelson, Rombotis and Jose. 24 NOES: None 25 ABSENT: None 26 ABSTAIN: None 27 Stephen M. L'Heureux, Chairman ATTEST: 28" Donald A. Agatep, Secretary -2- MEMORANDUM September 15, 1976 TO: CITY COUNCIL FROM: PLANNING DEPARTMENT SUBJECT: TRAVEL SERVICE ZONE The General Plan contains a land use category for travel services. However, the zone ordinance does not contain a zone specifically designed for this category. Presently the City is using the C-2 General Commercial, to im- plement the Traffic Service category. The City Council ' has requested a review of the alternative methods to implement this land use category. The following is this list with discussion. 1. Continue using C-2 zone to implement the T-S category. This is the simplest method since the zone is existing and it permits all of the uses associated with travel service areas. The major problem is that it permits many other uses, some of which are not related to traffic service areas. Therefore, there is no guarantee that the T-S category would be implemented by using the C-2 zone. 2. Create a new zone to implement the T-S category that strictly per- mits only those primary traffic service uses as indicated in the General Plan. This would insure implementation of the T-S category. However, the use of the zone would be severely limited to its application. 3. Create a new zone to implement the T-S category that permits both primary traffic dependent uses and secondary or associated uses. The sec- ondary uses would be permitted only if a primary use was existing at the site and/or for some specific use a CUP be approved. This method will im- plement the T-S category and also make it workable. Staff recommends that alternative 3 be pursued. However, the question of what should be the secondary uses has not yet been addressed, in particular an auto dealer. Staff suggests that a complete list of traffic service uses and secondary uses be developed as part of the revised zone draft. If the City Council wishes, the question of auto dealers may be con- sidered now. It can be argued that auto dealers do provide a service to the traveling public in providing auto repair and service. Many travelers prefer to have autos serviced by an authorized dealer when traveling in unfamiliar areas. This is especially true if the auto con- tains a new vehicle guarantee. However, auto dealers are not dependent on the primary travel service uses of rnotel, restaurants, etc., and in some instances be considered detrimental to proper land use relationship. Therefore, if auto dealers are to be permitted, staff suggests auto dealers be required to have CUP and that approval to be based on (1) the dealership is for new autos, (2) contains a repair and auto ser- vice department, and (3) will not cause a detrimental effect on primary travel service uses in the area. Recommendation: It is recommeneded that staff be directed to prepare a draft zone to implement the T-S land use category. The new zone to contain primary travel service uses by right, secondary travel service uses only if a primary use is existing and provides for certain other related uses by CUP. And, that auto dealers be considered a general use requiring a CUP and that approval of the CUP be based on certain findings. DAA:mbs -2- PLANNING DEPARTMENT CITY OF CARLSBAD STAFF REPORT t SEPTEMBER 8, 1976 TO: PLANNING COMMISSION FROM: PLANNING DEPARTMENT CASE NO.: GPA-42 APPLICANT: CITY OF CARLSBAD REQUEST: Approval of amendment to Land Use Element text and plan. SECTION I. RECOMMENDATION AND FINDINGS Staff recommends that GPA-42 be APPROVED because of the following findings: 1. The present classification of "Travel Services and Traffic Depen- dent Commercial" describes two dissimilar types of land use. 2. The present locations of the "TS" designation on the Land Use Plan are appropriate for the "Travel Service" uses but not for the "Traffic Dependent" uses. 3. There is not a need for a separate "Traffic Dependent" classifi- cation since the uses, under this category can appropriately be located within other commercial designations. 4. It is unnecessary and inappropriate to have the entire northwest corner of Interstate-5 and Palomar Airport Road designated as "TS" because there are existing uses that do not fit in the "TS" designation. 5. These amendments will not adversely affect the environment because a. The change to the text simply eliminates inconsistent and confusing wording from the definition of the "Travel Service" commercial classification. b. The change of designation on the two (2) acre parcel will not affect existing uses. c. Both changes are generally of an administrative nature and will have a minimal effect on the physical and human environ- ment. GPA-42 September 8, 1976 Page Two SECTION II. STAFF BACKGROUND REPORT % BACKGROUND: Discussion on these two items came about during the public hearing on ZC-176 (Bruce Stallard). In a subsequent report to the City Council (AB 3738), staff outlined alternative courses of action that the City could take to achieve General Plan and zoning consistency. At this meeting (August 17, 1976), the Council instructed staff to process a General Plan Amendment that would: 1. Delete the discussion of "Traffic Dependent" uses from the defi- nition of the "Travel Service and Traffic Dependent" Commercial classification in the Land Use Element text. 2. Change the land use designation of the northerly 1.7 acres of land between Avenida Encinas and Interstate-5, north of Palomar Airport Road, from "TS" to an appropriate commercial designation. TEXTUAL AMENDMENT: The full title of the T-S category is "Travel Service and Traffic Dependent Commercial" and is divided into two categories, which are as follows: 1. Traffic Service areas, including motels, highway-oriented service stations, and restaurants, serve business and industrial areas as well as the traveling public. These establishments should be accessible to interregional traffic, but they need not have direct roadway access as long as their location is easily iden- tifiable. While many patrons pass through the City and stop only overnight, these establishments also serve as the residence of people visi- ting the area for business or pleasure. Their space requirement relate to the needs to the entire northern San Diego County area. The space requirement for a specific location is dependent on the amount and type of transient traffic and the needs and exten- siveness of nearby business and industrial areas. A site of five or more acres is required to provide a full range of travel ser- vices and facilities. Two important factors in developing traffic service areas are: (1) maintaining a functional street system through access control, and; (2) preventing detrimental affects on or by adjacent land use. 2. Traffic dependent businesses serve the whim and fancy of the motoring public. Typical of this group are such "impulse" esta- blishments as "hot dog" stands, roadside fruit stands, ice cream stands and novelty or curio stands. Because of their dependence on high traffic volumes, they'generally locate on the edge of a. GPA-42 September 85 1976 Page Three group of retail establishments or near recreation facilities. They require .direct access to the street and a high degree of visibility. Because they are unique and generally incompatible with other land uses, they are not good neighbors to residential areas or to certain commercial uses. Their frequency and space needs are too diverse to project. Possibly the most unobtrusive locations for traffic dependent businesses are along major streets and adjacent to extensive business or recreational'areas. Traffic dependent business establishments should be separated from residential areas. Although both of these subcategories are based on auto traffic they are dissimilar in uses. Subcategory 1 is tourist or traveling public oriented and contains uses of high quality. Subcategory 2 is basically a "strip commercial" area catering to local traffic as well as tra- velers. The uses in Subcategory 2 can be very different and implies a 1ower quali ty. The land use map generally indicates T-S in high traffic volume areas, which are primarily tourist oriented, i.e., beach areas, La Costa recreation area, 1-5, etc. These areas appear correct for the uses listed in subcategory 1, but it is doubtful if too many uses of sub- category 2 would locate here on a permanent basis. Therefore, there appears to be an inconsistency between the text and the map. The City Council noted this inconsistency and the apparent poor wording of subcategory 2 and directed staff to delete Subcategory 2. This portion of the amendment will do the following: 1. Change the full title of the "TS" category in both the text and plan from "Travel Service and Traffic Dependent Commercial" to "Travel Service Commercial". -2. Delete the present definition of "Traffic Dependent Commercial" (Subcategory 2) and retain the present definition of "Travel Service Commercial" (Subcategory 1). PLAN AMENDMENT: The "TS" area in question is located between Avenida Encinas and Interstate-5, north of Palomar Airport Road. The property is defi- nitely in an area of high traffic volume. The southerly piece is presently developed with a tire and diesel fuel station (AAA Tires) which conforms to the "TS" designation. The two properties at the north-end, approximately 1.7 acres, contain an office building and a nursery. Neither of these existing uses conform to the "TS" designation. GPA-42 September Page Four 8, 1976 The area between the existing uses is vacant and contains approxi- mately 4.3 c i e n t size Service" uses, only necessary 1 .7 acres . acres.. Staff feels that this 4.3 acre and in a good location to accomodate a Therefore, for zoning to change the land use consi stency desi anati on parcel is of suffi- number of "Travel purposes, it is of the northerly Staff suggests that "RS" (Regional Service) would be the appropriate land use designation for this 1.7 acre area. The "RS" would directly provide for the nursery and would accomodate varied uses in the office building. MCZ:cs Attachment: Exhibit A, dated August 26, 1976 a - 42.A Carlsbad Journal Decreed A Legal Newspaper by the Superior Court of San Diego County 3088 PIO PICO AVENUE • P.O. BOX 248 • CARLSBAD, CA 92008 • 729-2345 Proof of Publication STATE OF CALIFORNIA, 5S COUNTY OF SAN DIEGO, I am a citizen of the United States and a resident of the county aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am principal clerk of the printer of the CdflsbBCi Journal a newspaper of general circulation, printed and published twice weekly in the City of Carlsbad, County of San Diego, State of California, and which newspaper is published for the dissemination of local news and intelligence of a general character, and which newspaper at all times herein mentioned had and still has a bona fide subscription list of paying subscribers, and which newspaper has been established, printed and published at regular intervals in the said City of Carlsbad, County of San Diego, State of California, for a period exceeding one year next preceding the date of publication of the notice hereinafter referred to; and that the notice of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: 22.19 19 19 19 19 NOTICE OF PUBLIC HEARING GENERAL PLAN AJffiNDMENT (GPA-4D (LAND USE ELEMENT) NOTICEISHEREBYGIVENthattheClty Council orthtCityofCwlsbffdwillhold a Public Hearing on Tuesday, October 5, W76, at 7:00 P.M. in the Council Chambers, 1200 Elm Avenue, Carlsbad, California, tocontider a General Plan Amendment to the Land Use Element te*t that amend* the definition of the "Travel Service and Traffic Dependent" Commercial classification and to the .Land Use Plan that changes the classification of approximately two acres of land between Avenida Encinas and InterstateS, north ofPalomarAirportRoad fromTravelServicefTS)to an appropriate commercial land use tlassiflcation (see map below). Applicant: CITY OF CARLSBAD . ' . • '• • CITY OF CARLSBAD CITY COUNCIL CJ SSBw: September 22,1976 I certify under penalty of perjury that the foregoing is true and correct. Executed at Carlsbad, County of San Diego, State of California on 22nd ,day of September 1976 Clerk of the Printer NOTICE OF PUBLIC HEARING General Plan Amendment (GPA-42) (Land Use Element) NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold a Public Hearing on Tuesday, October 5, 1976, at 7:00 P.M. in the Council Chambers, 1200 Elm Avenue, Carlsbad, California, to consider a General Plan Amendment to the Land Use Element text that amends the definition of the "Travel Service and Traffic Dependent" Commercial classification and to the Land Use Plan that changes the cl assification of approximately two acres of land between Avenida Encinas and Interstate 5, north of Palomar Airport Road from Travel Service (TS) to an appropriate commercial land use classification (see map below). APPLICANT: CITY OF CARLSBAD PUBLISH: September 22, 1976 CITY OF CARLSBAD CITY COUNCIL 111