HomeMy WebLinkAbout1977-02-15; City Council; 4072; Creation of Commercial Tourist ZoneCITY OF CARISBAP _
Initial :
AGENDA BILL NO. ffO/eU [ Dent. Hd.
DATE: February 15, 1977 City Atty_\
DEPARTMENT: PLANNING City Mgr . T\
SUBJECT:
ZCA-83, CREATION OF COMMERCIAL,TOURIST ZONE.
STATEMENT OF THE MATTER
The General Plan Land Use Element contains a Travel Service Commercial category, which is
a relatively Specific Land Use, intended to serve tourist and the traveling public. The
subject Commercial Tourist Zone (C-T) has been drafted to implement the Travel Service
category.
On October 5, 1976 the City Council reviewed this matter and directed staff to prepare a
zone classification that permits traffic service uses by right, and secondary traffic dependent
uses only if a primary use is existing and provides for certain other uses by CUP. A
separate minute motion to permit automobile dealerships by CUP failed.
Staff prepared'a code amendment based on City Council direction. It was appproved by the
Planning Commission as Exhibit A, dated October 28, 1976
After the Planning Commission approval, staff noted the possible need for a modification.
Exhibit A indicates under Section 21.29.020 Application, that the minimum area of a district
is 5 acres. This is a proper requirement for most of the undeveloped T-S areas. However,
there are some, especially the developed or near developed areas that cannot meet this area
requirement. A minimum area of three acres will be sufficient.
Also the wording "public street that can be considered as not separating a district" will
cause a conflict with atleast one district, and therefore should be deleted.
Both of these changes are minor, and not changing the basic intention of the zone classificatior
Exhibits:
Planning Commission Resolution No. 1317
Staff Report, dated January 26, 1977.
Exhibit "A", 10/28/76
Recommendations:
It is recommended that City Council direct the City Attorney to prepare documents adopting
ZCA-83 as per Planning Commission Resolution No. 1317, and changing Section 21.29.020 to read:
"21.29.020 Application: It is intended that the C-T zone be pTaced on properties that are
accessible to interregional traffic or recreation areas as designated by the General Plan and
any applicable Specific Plans. A C-T zone district shall have a minimum area of 3 acres
of adjacent properties. A public street may separate adjacent properties provided a portion
of the properties are directly across the street from each other."
Council Action:
See attached page.
FORM PLANNING 73
AB#4072
Council Action
2-15-77 It was moved that the staff recommendations as outlined be
accepted and the City Attorney be directed to prepare the
documents necessary for approval.
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MEMORANDUM
January 26 > 1977
TO: PLANNING COMMISSION
FROM: ACTING PLANNING DIRECTOR \p
RE: ZCA-83, Creation of Commercial Tourist Zone
(C-T)
r
On October 5, 1976 the City Council directed the Planning Commission
to hold a Public Hearing on ZCA-83 to adopt a Commercial Tourist
Zone. This zone is to implement the Travel Service Commercial Land
Use category of the Land Use Element. The City Council considered
their alternative zoning methods to implement this category. They
chose to create a new zone that permits primary traffic dependent
uses by right, to permit secondary traffic dependent uses only if a
primary use is existing, and to permit other related uses by CUP.
They specifically indicated that automobile dealerships not be in-
cluded as a permitted use or a use by the CUP.
Staff developed this zone as attached Exhibit "A", October 28, 1976.
A synopsis of the chapter is as follows:
010 Intent and Purpose: This section is based on General Plan
directives and is fairly specific as to its applications. In
considering possible modifications to other Sections of this zone
classification, please refer to the Intent and Purpose to insure
compliance with the goals of the General Plan.
020 Application: Again the General Plan is specific as to the lo-
cation of C-T areas; they must be near interregional traffic or
recreation areas as designated by the General Plan. Staff believes
to develop a C-T zone district properly, the property must be large
enough to contain at least one major business and secondary business.
Therefore, staff suggest the minimum^area of a district be 5 acres.
This does not preclude the district from being divided into smaller
individual lots within a district.
030 Permi tted Uses: These are the only uses that are permitted by
right. These uses are "definitely Tourist-Travel oriented, that can
be an anchor use in a C-T district.
040 Accessory Uses: To be developed as an intregal part of a C-T
district with the permitted uses. These uses are uses that service
travel and tourist.
050 Uses by Conditional Use Permit: Some uses are tourist or travel
oriented, but because there are development on operational problems
inherent in them, they are permitted only by CUP. These uses are not
accessory and may be permitted independent of "permitted uses".
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V'Of
060 and 070: Development standards contained in other commercial
zones.
RECOMMENDATION:
It is recommended that ZCA 83 befapproved as per Exhibit "A", dated
October 28, 1976.
r
ATTACHMENTS:
Exhibit "A", Dated October 28, 1976.
BP:ar
(1/11/77)
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"A"
October 28, .1976
1 ORDINANCE N0._ _
2
AN ORDINANCE OF THE CITY COUNCIL OF THE
3 CITY OF CARLSBAD, CALIFORNIA, AMENDING
TITLE 21, OF THE CARLSBAD MUNICIPAL CODE
4 BY THE ADDITION OF CHAPTER 21.29, (C-T)
COMMERCIAL TOURIST ZONE. (ZCA-83)
5
The City Council of the City of Carlsbad, California, does
6
ordain as follows:
7 •
Section 1: That Title 21, of the Carlsbad Municipal Code is
8
amended by the addition of Chapter 21.29, to read as follows:
9
"21.29.010 Intent and Purpose. The intent and purpose of
10 the C-T Commercial Tourist Zone is to provide for the develop-
ment and use by certain types of commercial businesses near trans-
11 portation centers, recreation areas or in close proximity to high-
ways and freeways used by interregional traffic. The following
12 regulations are intended to insure that tourist oriented uses will
be coordinated wi th' compati bl e accessory ues, protect surrounding
13 properties, insure safe traffic circulation and promote economi-
cally viable tourist oriented areas."
14
"21.29.020 Application. It is intended that the C-T zone
15 be placed on properties that are accessable to interregional
traffice or recreation areas as designated by the General Plan and
16 any applicable Specific Plans. A C-T zone district shall have a
minimum area of five acres of adjacent properties. A public
17 street may separate adjacent properties provided the properties
are directly across the public street and the right-of-way of the
18 street is less than. 100'."
19 "21.29.030 Permitted Uses and Structures. In the C-T com-
mercial -tourist zone, only the following uses and structures are
20 permitted subject to the . requi rements of this Chapter and to the
development standards provided in Chapter 21.41 and 21.44:
21 (1) Hotels
(2) Motels
22 • (3) Restaurants"
23 "21.29.040 Accessory Uses 'and Structures. In the C-T zone
the following accessory uses are permitted provided that the
24 accessory use is developed as an intregal part of a permitted use
within the same structure or parcel of land.
25 (1) Apparel and accessories
(2) Bakery
.26 • (3) Beauty and barber shops
(•4) Commercial parking lots
27 (5) Confectionary store
(6) Dry cleaning* laundry pickup service only
28
'DRAFT
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(7)
(8)
(9)
(10)
(11)
Florists
Health Clubs or Spas
Novelty and/or souvenir store
Stationery Store
Travel Agencies
Permi t.
"21.29.050 Uses and Structure Permitted by Conditional Use
uses and
•order to
will not
commercial
Subject to the
structures are
approve a CU.P ,
adversely
tourist
traffic
provision of Chapter 21.50,.the following
permitted by conditional use permit. In •
it must be found that the use, as proposed,
affect the viability or use of the area as a
district or adversely effect nearby uses or
movements
(1)
(2)
(3)
(4)
(5)
Automobile service station;
Bus passenger terminals;
Produce stores or stands;
Recreation facilities, commercial
Restaurants that provide drive-in
take-out service."
drive-through or
"21.29.060 Building Height. No building shall exceed a height
of thirty-five feet."
"21.29.070 Placement of Buildings. On any lot where the side
or rear lot line abuts propery in any "R" zone and no alley inter-
venes, no building shall be erected closer than ten feet to such
lot line; provided further, if such a lot abuts upon an alley, no
building shall be erected closer than five feet to the rear lot
line of such lot."
EFFECTIVE DATE: This ordinance shall be effective thirty days
after its adoption, and the City Clerk -shall certify to the adop-
tion of this ordinance and cause it to be published at least once
in the Carlsbad Journal within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a meeting of the Carlsbad City
Council held on the day of , 1976, and thereafter
PASSES AND ADOPTED at a meeting of said City Council held on
the ' day of , 1976, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ROBERT C. FRAZEE
ATTEST:
MARGARET E. ADAMS, City Clerk
DRAFT
PLANNING COMMISSION RESOLUTION NO. 1317
A RESOLUTION OF THE PLANNING COMMISSION
2 OF THE CITY OF CARLSBAD, CALIFORNIA,
SETTING FORTH ITS FINDINGS AND RECOMMENDA-
3 TIONS RELATIVE TO AMENDING TITLE 21 OF THE
MUNICIPAL CODE BY THE ADDITION OF CHAPTER
4 21.29 (C-T) - COMMERCIAL TOURIST ZONE.
CASE NO. : ' Z'CA-83
5 APPLICANT: CITY-INITIATED
6
7 WHEREAS, the Planning Commission of the City of Carlsbad
did adopt Resolution of Intention No. 134 declaring its
intention to conduct a public hearing to consider a Zone Code9Amendment amending Title 21 of the Municipal Code by the
10 addition of Chapter 21.29 (C-T) - Commercial Tourist Zone; and
11 WHEREAS, the Planning Commission did hold a duly noticed
Public Hearing on January 26, 1977, to consider the subject12amendment; and
WHEREAS, the Planning Commission received all testimony
14 from those persons interested in and opposed to, if any, the
proposed Zone Code Amendment; and15WHEREAS, the Planning Commission did find the following
facts and reasons to be present which in their opinion are
17 necessary to carry out the general purpose of Title 21 of the
MunicipalCode: ,
18 -(1) The existing Zone Code does not contain a zone
19 to accommodate the Tourist Service category
of the General Plan;
20 (2) The Commercial Tourist Zone classification as
proposed meets the intent of the Tourist Service
Commercial Land Use category; and
22 (3) A Negative Declaration was filed indicating that
the Commercial Tourist Zone will have no adverse
23 affect on the environment as per the Environ-
mental Protection Act of 1972.
24 NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission
25 of the City of Carlsbad that it does recommend approval to the
26 City Council of an amendment to Title 21 of the Municipal Code
27! by the addition of Chapter 21.29 (C-T) - Commercial Tourist
28 Zone - as per Exhibit "A", dated October 28, 1976, attached
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hereto.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Carlsbad City Planning Commission held on January 26, 1977,
by the following vote, to wit:
AYES: Commissioners Larson, Rombotis, Nelson
Fikes, Jose, Watson and L'Heureuxi
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
FRIC LARSON, CHAIRMAN
RALPH S. PLENDER, SECRETARY
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