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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. ; • '* w 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". -1- 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) -2- "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 ' 8 9 10 .1__ 1D _. J.D _„ 18 24 25 26 27 28 (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 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 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 -2-