Loading...
HomeMy WebLinkAbout1978-02-07; City Council; 5323; New Zone District C-E Extensive Commercial ZoneCITY OF r RLSBAD _ >. / ''•*"> ; / ) 7;* / " ^** i x«* • • • • • (.' / y' ' Initial: AGENDA BILL NO. O ^L &>^ : Dept. Hd. DATE: February 7, 1978 City Atty DEPARTMENT: PLANNING . City Mgr. fj SUBJECT: ZCA-91 New Zone .District: C-E Extensive Commercial Zone. STATEMENT OF THE MATTER ~~~n~~ The Carlsbad General Plan contains a land use category for commercial areas that are oriented to large, low volume, high cost items, (RRE, Extensive Regional Commercial) . "Car Country" along 1-5 is an example of this category. However, the zone code does not contain a zone that specifically implements this category. Car Country is zoned C-2, general commercial. areaEarlier this year the City Council amended the General Plan by creating another for Extensive Regional Commercial (along, the west side of 1-5, north of Palomar Airport Road) . At the same time, the City Council directed staff to draft a zone that would implement the RRE category. This was done and approved by the Planning Commission with some changes that are acceptable to staff. The ordinance as approved is attached to the Planning Commission Resolution No. 1427, with an annotated version contained in the attached memorandum to the City Manager. Since then staff and the representatives from "Car Country" have discussed a possible problem with parking requirements. The proposed amendment calls for -required parking for outdoor sales areas as well as sales rooms. This may cause an excessive amount of required parking. For further discussion, see attached memo to the City Manager, Section 21.27.160. (See Page 6 for the Planning Commission approval and staff suggested amendment) ^ EXHIBITS Memorandum to City Manager from Planning Director, dated 1/25/78 Planning Commission Resolution No. 1427, with attached Exhibit "A", dated 12/19/77 Excerpts of Planning Commission Minutes dated 11/16/77 RECOMMENDATION It is recommended that the City- Council direct the City Attorney to prepare documents approving ZCA-91 as contained in Planning Commission Resolution No. 1427, and as amended per staff suggestion contained in memorandum to City Manager dated 1/25/78, Section 21.27.160 (Staff Discussion). Council action 2-8-78 Following the public hearing Council tabled the matter. FORM PLANNING 73 w I ' MEMORANDUM January 25, 1978 TO: PAUL BUSSEY, CITY MANAGER FROM: JAMES C. HAGAMAN, PLANNING DIRECTOR SUBJECT: ZCA-91, CREATION OF A COMMERCIAL ZONE TO IMPLEMENT THE EXTENSIVE REGIONAL RETAIL (RRE) CATEGORY OF THE GENERAL PLAN. History At the direction of the City Council, staff prepared an ordinance amendment to create a new zone to implement the RRE category of the General Plan. This draft ordinance was first heard by the Planning Commission on November 16, 1977. The meeting was attended by representatives of Car Country and some auto dealers that have dealer- ships both in and outside Car Country. These people participated in the hearing since the new zone would be applied to their property. Their participation' was useful to the Planning Commission because they have direct experience with the types of uses in the district the City is trying to create. Many changes were suggested at this meeting and incorporated into a second draft that was heard on December 14, 1977. The ordinance was approved with a couple of minor changes at this later hearing. The Planning Commission, staff, and it appears the public, are all satisfied with the final ordinance amendment as submitted to the City Council. Background The Land Use Element of the General Plan contains the commercial land use designation, "Extensive Regional Retail (RRE)." This designation provides for a wide range of business establishments dealing in large, low volume, high cost items such as mobile homes and automobiles. Car Country and property on the east side of Avenida Encinas (see attachment) are currently the only property under this designation. A problem exists for these areas and for future areas with RRE classification in that there .is no corresponding zone under which to develop. The C-2 Zone under which Car Country was developed is inadequate as it permits more uses than allowed by the General Plan, and would not insure compatible development of an area. (Car Country has preserved their land use compatibility by C.C.&R'S). The proposed zone is intended to correspond with the RRE Category of the General Plan by-allowing comprehensively planned commercial activities that are characterized by relatively low volume sales on parcels with large outdoor activities and somewhat limited building sites. The zone will also provide for ancillary commercial uses that are related to or compatible with the primary uses. So you can better follow the new zone as drafted by staff and amended by the Planning Commission, the following is an anotation of the zone. The staff discussion is in script type. . ' • c CHAPTER - 21.27 C-E EXTENSIVE COMMERCIAL ZONE 21.27.010 Intent and Purpose. The intent and purpose ox the C-E Zone is '.o provide for comprehensively planned commercial activities that are characterized with large open sales areas in relation to the building area/ and are oriented to reach markets beyond the established corporate boundaries of the City. In addition, this zone is intended to accommodate ancillary-commercial uses that are related to or are compatible with the stipulated primary uses. The requirements established herein are to insure that permitted uses will require an adequate site design . t relative to the characteristically large paved areas, including landscaping dis- bursement, screening and building location. ' ' This section acknowledges the &act that theAe one ceAtaln commeAcial uses that aAe dia.'t.d.vsi&ii.zed by a AequiAement &OA laAge open aAcas and minimal building coverage. Generally, because C-E uses tend to deal In laAge item/is, they need laAge oAeas to stoAe the items, and compared to otheA Aetail commeAcial uses, sell &CWCA units. These types of, uses, motoA vehicle dealens &OA .example, have unique site and design Acquirements and therefore, must be Acvlewed in teAms otheA than those established &OA tAadltional high-density, high volume commeAcial activities. It is also Aec- ognlzed that theAe one Aclated OA suppoAtlve uses that should be allowed pAovlded that these uses aAe developed In haAmony with the pAimoAy uses established. POA example, cxtAcmely high density, high volume commeAcial uses would be out o& character physically and functionally lf> scattered at Aandom within an aAea primarily devoted to low volume low density uses. Tragic pAobletns and visual clutteAS aAe, In some cases, AepAesentatlves o\ a stAlp commeAcial aAca with a combination o& high volume and low volume commeAcial activities. 21.27.020 Application. It is intended that C-E Zone be placed on properties that are designated by the General Plan as Extensive Regional Retail (RRE). A C-E Zone district shall have a minimum of two acres. In the C-E Zone a zone district shall be defined as lots zoned C-E that are adjacent or properties separated by a public street provided the properties are directly across the street from each other. This section establishes the RRE geneAol plan designation as the onl.y appropriate categoAy implemented by the zone. The RRE category points to activities that pAovlde moAe than local maAket goods and services. The subject activities ate the type that AequiAe Acglonal maAket access and visibility, and &OA the most pant Acquire Aclatlvcly laAge paAcels and -open areas. The average size ofi a new motoA vehicle dealership is about 3-5 acAcs. However, It was f,elt, that two acAes would Qlve moAe flexibility In establishing the distAlct especially &OA otheA permitted uses that dp not have the same aAea Acquirements. 21.27.030 Permitted Uses. In the C-E Zone, only the following uses and structures may be permitted subject to the requirements of this chapter and the requirements of Chapter 21.41 and 21.44: 1. New vehicle dealerships (motor vehicle, boat, mobile home, recreation vehicle, etc), 'and ancillary uses on the same lot such as used vehicle sale, repair services, parts supply and rental. 2. New vehicle storage. 3. Vehicle and equipment rental. .2 C 4. Building material and hardware sales. t 5. Farm equipment sales, supply and service. 6. Furniture, home furnishings, appliance tales and services. 7. Nurseries and garden supplies. The. RRE category o& the, ge.neAal plan. cattd fan. a. wide. lange. o& e^tabla>hme.ntf> deoting Jin lan.ge.f low volume. high co*t -ctem-6 &u.c.h cu> &an.ni£uAe. and ve.hA.cteA, witli extent-cue Atonage. and display need/i. Stafifa deue£oped tliib liAt o& 06 e6 f,n.om 06 u tkat noted Jin the. Qe.neAa£ pian, and \norn a& &> pojm-ittad in "Can, Coun&ty" and added U.:°A we (Joand to be 21.27.040 Accessory Uses. The following uses are permitted in any C-E Zone district that contains a use permitted in Section 21.27.030. 1. Accounting, auditing, and bookkeeping services. 2 . Attorney . 3. Finance. 4. Printing Services. 5. Restaurants. 6. Tires, ratteries and accessory sales. 7.. Vehicle part sales. The. C-E lone. wWi probably be. p£ac.e.d on lange. land oAeoa wh/ccA toc££ contain many mploye.eA and cuAtomeAA. The. acceAAotiy oie* contain the. AeAviceA Ata&fi be£ie.veA be. mo&t deAiAable. &on. theAe. ba&ineAA, emptoye.u and cuAtomeAA, bat at the. &ame. time. Ji&tain the. &pe.cial clia/iacteA of, the. o/tea. Bering accUAotiy to- the. permitted a6e witt int>u/ie. that the. di^tfu.cti> wilt ahvayb contain a "extent-cue" type a6e. P£ea6e note that the. cfutesua fan. acc&>Aon.y U6&6 -C6 zone di&toict, and mutt contain a permitted a6e not lot. TheAe. fane., acc<L&t>on.y ttiei mag be plac&d on Ae.pan.ate. lott> and be. inde.pnnde.nt. ojj pcnmittcd 04 ei. 21.27.050 Uses Permitted by Conditional Use Permit. Subject to the provisions of Chapter 21.42 and 21.50, the following uses and structures are permitted by Conditional Use Permit: 1. Automobile service stations. 2. Automobile wash. 3» ' Restaurants with on-sale alcoholic beverages. 4. Used vehicle sales, independent of new vehicle dealerships. 5. Vehicle repair services, independent of new vehicle dealerships. 6. Auction services, except animal auctions are prohibited. .3 •Bec'cme of, potential, vm&fac and/en conduct o& uAe, p/ioTrbi, thue. UACA Ahould be. pe^initte.d by Conditioned U-6e p£/u»j,6t on£y. T/iu uk'£C. 'teqcuAe. kz.vi.rn out public. hearing to appropriatzneAA oft. the. uAe. and it& design at any particular Aite.. 21.27.060 Site Development Plan Requirements.. In the C -E Zone an approved Site Development Plan is required for any building or structure with a floor a^^a greater than 1,000 square feet, prior to issuance of building, permits. Also, an approved site development plan is required for any use with outdoor storage or sales areas greater than 1,000 square feet prior to issuance of business license. The site development plan application shall meet all requirements for such plan as prescribed in 21.06 of this code. The site plan application shall contain building elevations for information only. • oft the. poAAi-bitity oft detrimental e.ftfte.ctA to AuM.oundi.ng an.ua cauAe.d by unAightly Aalz^ and Atorage. are.aA, the. Site. Ve.ve£opme.nt Plan proceSA is re.quire.d.. ., . . .. ... This iA a non-pubtic he.afu.ng item, but it permitA the. Planning CommisAton to make. discretionary de.diAi.onA on Auch matters OA Acre.e.ni.ng, landAc.api.ng, A-ignA, etc.. 23.. 27. 070 Open Sales or Storage Areas. Only areas specifically approved or part of the site development plan may be used for outdoor sales or storage. The outdoor sales or storage areas shall be surfaced with at least 2 inches of asphaltic concrete on 4 inches of prepared base. The City Engineer, may, however, permit alter native surfacing methods and material with less durability if it is found that alternative surfacing is appropriate for the intended use. Except for storage areas for vehicle sales, all storage areas shall be screened from public view. Pavi.ng wi£l psiovi.de. duAt con&iol and a mote, attractive, and maintaine.d appzasiance.. The.y type. o$ pavi.ng could vany de.pe.ndi.ng on uAe. OA dateAmi.ne.d by tke. Planning ConmiAA'ion. ScAe.e.ning o& Atosiage. wWi enhance. <tke. appearance. o& the. a/tea. 21.27.080 Lot Area. The minimum required area of a lot in the C-E Zone shall be not less than 20,000 square feet. The. % acfie. lot Atze. \fiWi provide. Amatl pasiceJl owneAAhlp ^on. Ape.ciaLize.d activities 4.$ ne.c&AAOAy and appropriate.. LeAA than % acre. lott> would promote, firagme.nte.d de.v- e£opme.nt patternA not i.n ke.e.pi.ng with the. i.nte.nt o& the. zone.. 21.27.090 Lot Coverage. Lot coverage with buildings, structures, and prepared surfaced areas shall not exceed 85% of the lot. The. Ae.ction, in e.^e.ct, re.quires up to 15% o& the. Aite. to be. landAcape.d. would include, the. re.quire.d yard oreoA and i.nteri.or areoA o& the. Aite. that would be. paved. 21.27.100 Landscaping and Irrigation. 1) At least 15% of the site shall be landscaped with location to the public view emphasized.. 2) The following areas shall be landscaped: a) At least 50% of the first 10 ft. from any street frontage. property line. b) At least 3% of all prepared surface areas used for parking, sales or storage. 3) The Planning Commission may, under the site development plan process impose modified landscaping requirements if appropriate for the site layout. However, the total area of required landscaping shall- not be reduced unless there is .4 C o^^/miration or toooaraphv as determinedunusual lot configuration or topography as'determined by the Planning Commission. 4} The plant material shall be drought resistant wherever practical as approved by the Director of Parks and Recreation. 5) All landscaped areas shall be irrigated by a system appropriate for the land- scaped area as determined by the Director of Parks and Recreation. Th&se ate ge.neAat!Ly the, SLe.quiAejme.ntt> 0<J the. Cast Country C.C.S'R'S. It may be. nec- , de.pe.ndi.nQ on the. uf>e. ne.queAte.d, to fie.quiAe. a di^eAe-nt diAtni.buti.on o& on the, Atte.. ?SLOviAi.on (Jot thiA lie.x.i.biLity i& psiovi.de.d to the. Planning Corn,<i:.*<Aion thn.ou.Qh the. Site, Ve.ve£opme.nt P£an. 21.27.110 bai.Lding Height. No building in the C-E Zone shall exceed a height of thirty-five feet. • ThiA heJjQht maximum i* compatible, with otheA c.ommeAcia£ zoneA -in the. City. 21.27.120 Front Yard. Every lot in the C-E Zone shall have a front yard of not less than 25 feet. Although Can. Country SLe.quiAeA onty a 25' ^fiont yoAd, att of, the. de.veZopeAA exceed this* nambeA. The. mobt shallow fiJiont yaJid we. couJLd aAc.eAtai.n faom plan* iA 45' at WeAeJtoh. It uxu> diAejum>t>e.d by the. Pla.nni.ng CommiAAi.on -to have, deepen fciont . Like. COA Country, howeveA, it wo6 de.zi.de.d that the. 25' §x.ve ne.c.eAAaAy deAi.gn i.biJtity. 21.27.1.30 Side Yards. Every lot in the C-E Zone siding on a street shall have a street aide yard not less than 10 feet. No requirements for interior side yards. 21.27.140 Rear Yard. No building in the C-E Zone shall be within 20' of a rear property line, however, security fences and walls of appropriate height may be placed .in this area as approved by the Planning Commission. 21.27.150 Placement of Building. Placement of any building, structure or use on a lot shall conform to the following: 1) No building or structure shall occupy any portion of a required yard except for freestanding signs as permitted in this code, and walls enclosing storage areas to the rear of front yard setback. 2) Vehicle displays and customer parking are permitted in front yard setbacks; 3) Placement of buildings such as service bays, body shops, bays, paint booths, loading docks and wash racks shall be oriented in such a way that their activities are not visible from public areas wherever possible. 4). Prior to approval of a site development plan, the Chief Police shall review the plan and submit report to the Planning Commission regarding security of buildings and activities on the site. The. yasid tie.quiAeme.nt!> aw, baAi.c.atty thot>e. &ound -in the. Can. Coun&iy C.C.SR'S. Attlwugh bui,tdi.nQt> one, not peAmitte.d i.n the. 6e^tbac.k ctAeoi, &i.Qn& can be. It iA tliat t>eAvi.c.e. bu,itdingA be. locate.d i.n a. manneA that wWL not adjacent public aAea4. .5 21.27.160 Parking. The minimum parking to be provided for employees and customers shall be as required in Section 21.44.130. This parking shall be appropriately designated for the type of parking intended. For buildings or uses in the C-E Zone containing more than one type of use or operation as listed in Section 21.44.130, parking shall be calculated separate for each type of activity. Areas designated as outdoor sales shall be considered as sales areas for calculation of parking requirements. It shall be the responsibility of the applicant of a site development plan to show proof that the parking as provided is adequate for the use intended. The Planning Commission may require additional parking if such is warranted. ge.neAally have, moAe. than one. activity, i.e.., open AaJLuA, indooA paAtf, and office. Ae-paiu. TheAtfaAe., positing calculation mu&t be. done. t>e.paAate£y ba&nd on the. filooA oA.ea oied by each activity. The. u*e o& AOO&> on platfanmA faA OA display aAea^ AJ> unattAactive. and theAe.faAe. it pAohtbite.d. Since. the. Planning Commi&Aion' A approval Atafafi ha& Ae,vieu)ejd the. Ae.ction with "Cat CountAy'A" Ae.pAue.ntati.veA and now believe. thesis. i& a pAoblem with paAking Ae.quin.e.- men-ti fan. open &aiu OJKUM,. The pAopo&ed ame.ndme.nt Ae.quin.u pcw.fex.ng fan. open osteal a& weJUt 06 buuX.di.ng ^Jtoofi oA.ea at one. Apac.n peA. 1 ,000 &qaan.e. fae£ o ajtea, (4ee Sectcon 21.44.130 (17) o& C£ty Code. (page. 423). The. n<uu>on. tkit, ment wa& p£ac.e.d in the. ame.ndme.nt wa& to a&AUA.e. that ade.quate. paA.tu.ng would be. n.e.quuA.ed even Ufa theA.e. weAe. no buuZding* on. the.y weAe. &mali. HowzveA, a checfe o& two ofa the. pland appn.ove.d fan. an auto dealeA (Weie^oh and Toyota) &hou)& that mon.e. packing 4pace6 would be. n.e.quin.e.d oveA the. pn.ue.nt e.XAAting (45 fan. WeAeloh and 4 fan. Toyota) . Although theAe. appear to be. a pan.ki.ng pn.obl.em at Can. Country, it doe* not t>e.em to be. that gn.eat. Then.e.fan.e.f &ta^ beJU.e.vu thi& &e.dtion should be. amended out, fallow: "21.27.160 Parking. The minimum parking to be provided for employees and customers shall be as required in Section 21.44.130. This parking shall be appropriately designated for the type of parking intended, i.e., customers, employees. For buildings or uses in the C-E Zone containing more than one type of use or operation as listed in Section 21.44.130, parking shall be calculated separately for each type of activity. Vehicle service and repair areas shall be considered as "office, not providing customer services on the premises." In addition to required parking as listed in Section 21.44.130, parking shall be provided for uses that have outdoor sales areas at a ratio of one parking space per each 1,000 square feet of outdoor sales areas or fraction thereof for the first 10,000 square feet, and one parking space for each additional 5,000 square feet or fraction thereof." Tkit, would mean that We6e£oh?4 p£an would be. 11 4pace4 below code, while. Toyota ib faun, above.. Thii> appears teaionaMe because Toyota ii> providing a rnuah higheA nation ofa cju&tomeA and employee, packing than Weietoh and i£ the. pn.ue.nt Atn.e.et packing i& a pAopeA. indicatoA, ^ome o& the. biggeA oA&a dwleA&kip& should pAovide. moAe. on-Aite. paAking. The. t>tatejme.ntt> that the. applicant i& to &how pAoofa oiJ ade^aate paAking and the. Planning Commi&Aion may Ae.quin.e. additional paAking have. alt>o been deleted 4-cnce the Augguted change, appear to be. ^u^icie.nt. The. Ae.vi&e.d Ae.quiAem2.nt would mea.n .6 that the. Toyota. VeaLeAAkip would have, to pat -en fitve. additional. 4pace6 than See attached paAking Ac.he.dute. ijo-t. compat-uon OjJ paAking Ae.quiAeme.nt& . 21.27 . 170 Outdoor Storage . In the C-E Zone all outdoor storage including sales displays shall be completely enclosed by a solid fence or wall constructed of wood or masonry, unless the Planning Commission determines that another material is appropriate and will have no adverse effects to surrounding properties or cannot readily be seen from a public way. Tku> iA ta.ke.Yi boAi-coLty fiAom the. C.C.&R'A ofi Can. CountAy. Hou)e.veA, even at Can. Country, Aome. oteo6 ate fie.nc.ed. by cnotn Link. 21.27.180 Trash Enclosures. Trash enclosure areas shall be completely screened on three sides with masonry walls with a solid wood gate on the remaining side. The floor area shall be paved with a minimum of 4" concrete. Location of trash enclosures shall be in areas of efficient ingress and egress. It iA ne.c.eAAOAy in any c.ompn.e.he.nf>4.ve£y pla.nne.d aomptex to deA-ignate, an.eat> tMU>h &tona.ae, and p-ccfe up because ofi the. turning mouementi nece44aAt/ fion. pi.ck-u.p and convenience oft the, aieAA. 21.27.190 Mechanical Equipment. All roof and mechanical equipment used to service the building shall be substantially screened from public view to the satisfaction of the Planning Director. Such screening shall be considered as part of the building for height calculation. The. chaAacteA ofi c0mmetc<ta£ oA.eaA can be, i>e.ven.eJt.y impacted by c.ommeA.cMit e.qvu.pme.nt dominating vasu,ouu> \u.ew4 oft the. (Cib&Lict.. TkJL& equipment can be. hidden L^ planne.d fion. -in advance.. 21.27.200 Lighting. Outdoor lighting shall be so oriented that it does not reflect, or be detrimental to adjoining properties. It Hj> anticipated that the, £otge oatdoon. Atoiage, aneat> wJUL be, tit and then.e.fion.e. thesie. u> a need to aAAuA.e. that .6u.cn Lighting w-ilL not adveAA&ty a^ect adjacent Attachments Parking Comparison 2/1/78 BP;ar 12/27/77 Revised 1/25/78 .7 /*"* PARKING COMPARISON ZCA 91 February 1, 1978 Weseloh Use 1. Retail 1/300 2 . Office and Service 1/800 3. Sales Inside 4 . Sales Outside Toyota Use 1. Retail 1/300 2. Office and Service Area / 6875 Parking Required bv Exhibit "A" 22.9 23.520 : 29.4 2920 2.9 51925 TOTAL PARKING: EXISTING PARKING: DIFFERENCE : 3850 11,230 3. Sales Inside ; 3150 4 . Sales Outside 20556 TOTAL PARKING: EXISTING PARKING: DIFFERENCE : 51.9 108 63 - 45 12.8 14.0 3.2 20.6 ' 51 Parking as Required by Staff Modification 22 .9 29.4 2.9 18.4 74 63 -11 12.8 14.0 3.2 12.1 43 47 ! 47 - 4 ! + 4 1 2 5 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 PLANNING COMMISSION RESOLUTION NO. 1427 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, CONCERNING THE IMPLEMENTATION OF A NEW ZONE TO CORRESPOND WITH THE EXTENSIVE REGIONAL RETAIL CATEGORY (RRE) OF-THE GENERAL PLAN. CASE NO: . ZCA-91' APPLICANT: CITY OF CARLSBAD . . WHEREAS, the Planning Commission of the City of Carlsbad did adopt Resolution of Intention No. 160 declaring its intention to conduct a public hearing to consider a Zone Code Amendment amending Sections 21.05, 21.27 and 21.41 of Title 21 of the Municipal Code to correspond with the Extensive Regional Retail Category (RRE) of the General Plan; and WHEREAS, the Planning Commission did hold a duly noticed public hearing as prescribed by law on December 14, 1977, to . consider the subject amendment; and ~ WHEREAS, at said public hearing, upon hearing and considering the testimony and arguments, if any, of all persons who desired to be heard, said Commission considered all factors related to the Zone Code Amendment and found the following facts and reasons to exist: • 1) There is currently no zone district to implement the RRE Land Use Category of the General Plan; 2) The zone is necessary to insure compatibility development of areas with the RRE Land Use Category. 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 in view of the findings heretofore made and considering the applicable law, the decision of the Planning Commission is to recommend approval to the City Council of an amendment to Title 21 of the Municipal Code, Sections 21.05, 21.27, and 21.41 as per attached Exhibit "A", dated December 19, 1977. 1 2 5 4 5 6 7 8 9 10 11 12 13 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (c o PASSED, APPROVED AND ADOPTED at a regular meeting of the City of Carlsbad Planning Commission held on December 14, 1977, by the following vote, to wit: AYES: Commissioner Rqmbotis, Larson, Watson, Fikes, Woodward. NOES: Commissioner L'Heureux. ABSENT: None. ABSTAIN: Commissioner Jose. ERIC LARSON, Chairman ATTEST: JAMES C. HAGAMAN, Secretary -.2 C 'EXHIBIT "A '< ZONE CODE AMENDMENT - 91 DECEMBER 19, 1977 SECTION 1: Title 21, Chapter 21.05 of the Carlsbad Municipal' Code is amended by adding after C-l Neighborhood Commercial Zone "C-E - Commercial Extensive Zone" in Section 21.05.010. SECTION 2: Title 21, Chapter 21.05 of the Carlsbad Municipal Code is amended by adding "C-E" after C-l in Section 21.05.020, Subsection (2). SECTION 3.: Title 21, be amended by adding Chapter 21.27 as follows: 21.27.010 Intent and Purpose. The intent and purpose of the C-E Zone is to provide for comprehensively planned commercial activities that are characterized with large open sales areas in relation to the building area, and are oriented to reach markets beyond the established corporate boundaries of the City. In add- ition, this sone is intended to accommodate ancillary commercial uses that are related to or are compatible with the stipulated primary uses.. The requirements established herein are to insure that permitted uses will require, an adequate site design relative to the characteristically large paved areas, including landscaping disbursement, screening and building location. 21.'27.020 Application. It is intended that C-E Zone be placed on properties that are designated by the General Plan as - Extensive Regional Retail (RRE). A C-E Zone district shall have a minimum of two acres. In the C-E Zone a zone district shall be defined as lots zoned C-E that are adjacent or properties separated by a public street provided the properties are directly across the street from each other. 21.27.030 Permitted Uses. In the C-E Zone, only the following uses and structures may be permitted subject to the requirements of this chapter and the requirements of Chapters 21.41 and 21.44: 1. New vehicle dealerships (motor vehicle, boat, mobile home, recreation vehicle, etc), and ancillary uses on the same lot such as used vehicle sale, repair services, parts supply and rental. 2. New vehicle storage. 3. Vehicle and equipment rental. C ,^H • . W • 4. Building material and hardware sales. 5. Farm equipment sales, supply and service. .6. Furniture, home furnishings, appliance sales and services. 7. Nursuries and garden supplies. 21.27.040 Accessory Uses. The following uses are permitted in any C-E Zone district that contains a use permitted in Section 21.27.030. 1. Accounting, auditing, and bookkeeping services. 2. Attorney 3. Finance. 4. Printing Services. 5. Restaurants. 6. Tires, batteries and accessory sales. 7. Vehicle part sales. 21.27.050 Uses Permitted by Conditional Use Permit. Subject to the provisions of Chapter 21.42 and 21.50, the following uses and structures are permitted by Conditional Use Permit: .-1. Automobile service stations. 2. Automobile wash. 3. Restaurants with on-sale alcoholic beverages. v4. Used vehicle sales, independent of new vehicle dealerships. . 5, Vehicle repair services, independent of new vehicle dealer- * ships. 6. Auction services, except animal auctions are prohibited. 21.27.060 Site Development Plan Requirements. In the C-E "Zone an approved Site Development Plan is required for any building or structure with a floor area greater than 1,000 square feet, prior to issuance of building permits. Also, an approved site development plan is required for any use with outdoor storage or sales areas greater than 1,000 square feet prior to issuance of business license, The site development plan application shall meet all requirements for such plan as prescribed in 21.06 of this code. The site plan application shall contain building elevations for information only. .2 21.27; 070 qjjp^n Sales or Storage AreasW Only areas specific- ally approved or part of the site development plan may be used for outdoor sales or storage. The outdoor sales or storage areas &hall be surfaced with at least 2 inches of asphaltic concrete on 4 inches of prepared base. The City Engineer, may, however, permit alter- native surfacing methods and material with less durability if it is found that alternative surfacing is appropriate for the intended use. Except for storage areas for vehicle sales, all storage areas shall be screened from public view. 21.27.080 Lot Area. The minimum required area of a lot in the C-E Zone shall be not less than 20,000 square feet. 21.J27.090 Lot Coverage. Lot coverage with buildings, struc- tures, and prepared surfaced areas shall not exceed 85% of the lot. 21.27.100 Landscaping and Irrigation. 1) At least 15% of the site shall be landscaped with location to the public view emphasized. 2) The following areas shall be landscaped: a) At least 50% of the first 10 ft. from any street frontage property line. b) At least 3% of all prepared surface areas used for parking, . sales or storage. 3) The Planning Commission may, under the site development plan process iinpose modified landscaping requirements if appropriate for the site layout. However, the total area of required landscaping shall not be reduced unless there is unusual lot configuration or topography as determined by the Planning Com- mission. / 4) The plant material shall be drought resistant wherever practical as approved by the Director of Parks and Recreation. + 5) All landscaped areas shall be irrigated by a system appropriate for the landscaped area as determined by the Director of Parks and Recreation. 2J.-27.110 Building Height. No building in the C-E Zone shall exceed a height of thirty-five feet. 21.27.120 Front Yard. Every lot in the C-E Zone shall have a front yard of not less than 25 feet. 21.27.130 Side Yards. Every lot in the C-E Zone siding on a street shall have a street side yard not less than 10 feet. No requirements for interior side yards. 21.27.140 Rear Yard. No building in the C-E Zone shall be within 20' of a rear property line, however security fences and Walls of appropriate height may be placed in this area as approved by the Planning Commission. .3 21.27.150 Placement of Building. Placement of any building, structure or use on a lot shall conform to the following: • \ " " 1) No building or structure shall occupy any portion of a required yard except for freestanding signs as permitted in this code, and walls enclosing storage areas to the rear of front yard setback. 2) Vehicle displays and customer parking are permitted in front yard setbacks; . 3) Placement of buildings such as service bays, body shops bays, paint booths, loading docks and wash racks shall be oriented in such a way that their activities are not visible from public areas wherever possible. 4) Prior to approval of a site development plan, the Chief Police shall review the plan and submit report to the Planning Commission regarding security of buildings and activities on the site. 21.27.160 Parking. The minimum parking to be provided for employees and customers shall be as required in Section 21.4'4.130 This parking shall be appropriately designated for the type of parking intended. For buildings or uses in the C-E Zone containing more than one type of use or operation as listed in Section 21.44.130 parking shall be calculated separate for each type of activity. Areas designated as outdoor sales shall be considered as sales areas for calculation of parking requirements. It shall .be the responsibility of the applicant of a site development plan to show proof that the parking as provided is adequate for the use intended. The Planning Commission may require additional parking if such is warranted. 21.27.170 Outdoor Storage. In the C-E Zone all outdoor storage excluding sales displays shall be completely enclosed by a solid" fence or wall constructed of wood or masonry, unless the Planning Commission determines that another material is appropriate and will have no adverse effects to surrounding properties or cannot readily be seen from a public way. 21.27.180 Trash Enclosures. Trash enclosure areas shall be completely screened on three sides with masonry walls with a solid wood gate on the remaining side. The floor area shall be paved with a minimum of 4" concrete. Location of trash enclosures shall be in areas, of efficient ingress and egress. 21.27.190 Mechanical Equipment. All roof and mechanical equip- ment used to service the building shall be substantially screened from public view to the satisfaction of the Planning Director. Such screening shall be considered as part of the building for height calculation. 21.27.200 Lighting. Outdoor lighting shall be so oriented that it does not reflect, or be detrimental to adjoining properties. ' , —: ,4. ..' SECTION 4: tle 21» Chapter 21.41 ofie Carlsbad Municipal. Code amending Section 21.41.070 Subsection (5) as follows: ",!,'••- (5) In C-l, C-E, and C-2 zones and at retail commercial use in C-M zones, one freestanding sign may be placed on each street frontage of a lot, provided that the sign area of the freestanding sign is included within the aggregate sign area allowed for the lot according to the provisions of Table 1 above and that the height of the freestanding sign does not exceed the height of the building or thirty-five feet, whichever is less; SECTION 5: Title 21, Amend Section 21.41.075 Subsection (b) as follows: . (b) Subject to the provisions of Chapter 21.50 and this section, additional freestanding signs are permitted in the C-E & c-2 zones by conditional use permit. If such signs are approved as a part of a master plan in a planned community, specific plan or planned unit development, a conditional use permit is not required. Additional freestanding signs shall not be approved pursuant to this section unless it is found that the signs are appropriate for the use of the property,..compatible with the design of the development, compatible with the adjacent properties, will not interfere with the safety of the traveling public, will not result in a proliferation of signs in the area, will not adversely affect the appearance of the area and will not unduly restrict any views. The specific number, size, height, location, appearance and pther aspects of the additional signs, subject to the limitations of this chapter and this section, shall be regulated by the terms of the conditional use permit or other sign approval. Any additional freestanding sign shall be subject to the following limitations: ' (1) The signs are monument signs, not greater than eight feet in height or eight feet in length or pole signs not to exceed twenty feet in height; (2) In order to qualify for any such sign, any freestanding sign permitted by right for the property must be located at least "fifty feet from any interior property line. (3) The signs shall not be erected within two hundred feet of another freestanding sign on the same property; (4) The signs must be located at least fifty feet from an interior property line; (5) The signs shall be so oriented that the primary view is from surface streets; Interstate 5 or Highway 78 shall not be con- sidered surface streets; (6) The aggregate sign area for the entire development does not exceed the sign area allowed for the development according to the provisions of Table 1; (7) No portion of such sign sh'all exceed over the public right-of-way, or be within fifteen feet of any driveway or corner; (8) The maximum sign area for any such sign shall not exceed fifty-five square feet. (Ord. 8070 S L, 1976). : BP: ar .5 ' o (2) 'Case No. ZCA-91 - City of Carlsbad - Request for approval of new commercial zone (C-E). Mr- Bud Plender .asked.that this be heard at the end of the agenda in order to accommodate Mr. Ron Roberts whose wife Was in the hospital. The Commissioners agreed.• • _ * . * ' Kir. Bud Plender gave the staff presentation. He asked thatJthe Hearing be conducted informally and invite comments and suggestions from the citizens in the audience along with the • "questions and suggestions from the Commissioners. Msssrs. Robert Knauf, 810 Mission Avenue, Oceanside, representing Car Country, Mr. John White,- Coldwell Banker, ••'. representing Mr. 'Daley on the west side, Mr. Richard B. Allen, President of Stanley Dodge-Chrysler, Mr. Sara P-riestl-y owner of Priestly Lincoln Mercury, Oceanside, CA., Mr. Jim Bottomly representing Mr. Priestly, came forward to discuss the zone code amendment with the Commissioners and staff. 21.27.010 Intent and Purpose. All agreed to the wording in this section. ~. 21.27.02-0 Application. Mr. Robert Knauf said the statement. xn the second paragraph stating the motor vehicle dealership is -about two acres is not sufficient. The smallest size dealership is a minimum of three acres and that has not proven satisfactory. Mr. Allen felt that five - seven acres would be necessary if the dealership is handling . recreational vehicle sales. ', - *« 21.27.050 and 21.27.040 Permitted Uses and Accessory Uses. Commissioner Woodward questioned/ No. 4 ' Vehicle Parts Sales' In .050 and No. 3 "Auto'Parts Sales" in .040. NOVIMIKR 16, 1977 Cm COUNCIL CT"'BERS '•PACK 2 -. o ••Vehicle Parts Sales" was eliminated from Permitted Uses and Item No. 3 in Accessory Uses was changed to read "Vehicle Parts Sales." Chairman Larsbn asked for clarification of "Nursery;" supplies." It .was changed.to read "Nurseries and garden Commissioner Rombotis was concerned with auctions in Permitted Uses. He felt this would permit flea type auctions operating out of 1,000 sq. ft. buildings. It was decided to hold off on discussing auctions until Site Development- Plans Requirements-21,27.060 was discussed 21.27.050 Uses Permitted By Conditional Use Permit. It . Wi,5 the general opinion of the Commissioners that "on sale alcoholic beverages"1 should be changed to read "Restaurants with on-sale alcoholic beverages." 21.27.060 Site Development Plan Requirements. The Commissioners felt there should be elevations included with the Site Development Plan. It was agreed that the following should be added: The site plan is to contain elevations of plans for information only. Commissioner Roir.botis brought up the problem that this zone would allow large open sales areas and a site development plan is not required unle; the building is greater than 1,000. sq. ft. Mr. P.lender suggested the following addition: "In the C-E zone an approved site development plan is required for the developmer of any lot with buildings, structures or outdoor sales or storage areas greater than IjOOO sq'. ft." 'The Commissioners agreed to this change. 21.27.070 Opj thi en Sales or Storage Areas. The Commissioners requestecTthe \rords "paving raethods""~Be changed to .« "surfacing methods." It was agreed that the statement . * "alternative surfacii.-g methods can be approved by the City Engineer" would be included. Mr. Knauf did not want the v/ording'in this section to be so restrictive that it would ' take away from staff those discretionary actions which would be appropriate. t • • . 21.27.080 Lot Area. All agreed to the wording of this sectiop $ 21 .'27.090 Lot Coverage. The citizens and Commissioners felt that 252 in landscaping was_too high. Mr. Knauf . explainedthat the City is 3% and'Car Country requires 15%. v Mr. Knauf felt there would be great•economic resistance to 25% coverage'of landscaping in addition to the drought • situation. He felt the ordinance should have a stated objective giving a certain percentage but it should also include a tuning device to tailor the requirements of the individual parcels as far as topography, etc. He said some lots offer difficulties in placing-the buildings due -to the irregularities of the size of the lots and the sloping. it!Commissioner Rombotis said the Coastal Commission has a .151 requirement in-C-2 zone with major emphasis on the front \vherc it is-viewed by thepublic.' He felt that the publilc view ai'ea should have major cmpliasis on landscaping. Commissioner Watson felt there should be a minimum of 5% with cTTorts to strive towards a 105 program and that language should be included to cover topography and screening requirements. Commissioner Ivikes requested thu,t the relation between landsalpTFij: and water conservation be considered. It was agreed by the majority that staff should work on 15* with emphasis on public view and deviatior or reductions can be approved by t/he I*lannLng-Director. The deviations would be bused on,unusual lot configurations, etc. " V NOVI-MW-R 16, 197 • PAGE 3 ' < 21.27.100 Landscaping and Irrigation. The Commissioners requested th;:t l)a) be changed to read "Front yr.rd: 50% of the front ten feet." • The sentence "However, the total area of required landscaping shall not be reduced"' should be deleted. Commissioner Fikes requested that there be a requirement that the landscaping and irrigation plans should be reviewed by the Water District in relation to the drought. It was the opinion of all that drought resistant landscaping should also be a requirement. ' 21.27.120 Front Yard. Mr. Knauf stressed that flexibility was very necessary due to unique problems on individual parcels. The Commissioners felt there should be- something which determines the use of the front yard. Mr. Plender said this wuld be discussed in Section. }50 Placement of Build; 21.27.130 Side Yards. Commissioner Rombotis was concerned with this section as it relates to fence height \vhich is not included in the report. The difficulty of going over six feet in fence height is that it is then defined as a structure according to Mr. 'Plender. An alternative would be to eliminate this section. Another suggestion would be to state-.under .150 Placement of Buildings that no building or structure shall occupy the required yard except for fences • Then include in Section .IVOFences and Walls that fences over six feet are permitted. The majority agreed that eliminated side yards would be appropriate. Commissioner Fikes was concerned with the zero lot line as it relates to security of the buildings. He feels it might be a potential security risk with the increase of burglaries in the North • County area. . •'$21.27.190 Rear Yards.; All agreed to the wording of this . Section. •- . . . • • • .•21.27.150 Placement of Building. Reference l).Mr. Plender said that free standing signs and walls to enclose storage areas may be permitted in- a required yard. Signs \vould be . in the front or side streets and walls in the rear yards. ' • No. 2) should be changed to read "Parking and vehicle $ display may be in the front yard." No. 3) should have added ._ "Placement of buildings and uses on site."- Add No. 4) Chief of Police to review building for security purposes. ' Mr. Knauf stated tliat landscaping and/or fencing around the . • parking areas for .car storage was helpful from a security standpoint as they have had cars stolen from lots in Car Country. . . ' 21.27.160 Parking.. A general discussion was held regarding • - the parking ordinance. It was the general consesus- ^that the code should be updated. The Commissioners '.stated that the burden of proof should be on the applicant ' as to how. much parking is required for- a new dealei-ship. The , section is to require the applicant to prove the proposed parking adequate, but the minimum will be what is present!) required in the Code. . • . 21.27.170 Fence and Wall. Commissioner Watson said -that chain link fencing is excellent as it relates to security. Mr. Knauf said that in areas in the back .wherd* it cannot be seen Car Country has allowed chain link for security reasons and because 06 the reduced, cost. Mr. Kiiauf also suggested flexibility. The Planning Comjnissio'n t'elt outdoor Storage needs to be screened by Solid- wall that could cxcctSd six feet. . The requirement for screening outdoor storage wouli bo a discretionary action b^ the Planning Comniss ion. ngs. • «•• • • • ;; - • J , . c o ;!? CITY OF CARLSBAD PLANNING COMMISSION MEETING NOVEMBER 16, 1977 PAGE 4 21.27.180 Trash Enclosures. Commissioner Fikes requested consideration on the disposal of chemicals' in the refuse containers. ' . ' . 21.27.190 Mechanical Equipment. The first sentence is corrected to read "All roof and mechanical equipment used to service the building shall be substantially screened from public view to the satisfaction of the Planning Directoi Commissioner L'Heureux questioned the meaning of the word "substantial." • .A motion was made to continue ZCA-91 to December 14, 1977 Planning Commission Meeting with instructions -to staff to bring it back to the Planning Commission in ordinance form. The Public Hearing will remain open for further review. n MOTION AYES X X X X X X X