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HomeMy WebLinkAbout1978-12-19; City Council; 5323-1; Commercial Regional Center ZoneCITY OF CARLSBAD AGENDA BILL NO. 5323, Supplement No. 1 Initial Dept. Hd DATE: December 19 r 1978 . C. Atty. C. Mgr. DEPARTMENT: Planning Department ~ ZCA-91, COMMERCIAL REGIONAL CENTER ZONE Statement of the Matter Staff has been reviewing applications that are pending completion for one reason or another (as per State processing law AB-884). The subject Zone Code Amendment was never completed by the City Council. A public hearing was held on February 8, 1978, but the action was to table the amendment The amendment was initiated at the verbal request of a citizen during a rezoning hearing. Staff feels that final disposition should be taken by the City Council in regards to AB-884. The public hearing has been closed by the Council, therefore the Council has a choice of either denying, approving or opening hearing for modification. Attached for your information is ZCA-91 as submitted to the City Council. Exhibits Planning Commission Resolution No. 1427 with attached Exhibit A, dated 12/19/77 City Council Minutes of February 8, 1978 Recommendation It is recommended that the City Council direct the City Attorney to make final disposition of this action either by denying or approving ZCA-91. Council action: BP:ir.3 12-19-78 Council denied ZCA-91. 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 •*•—««s W-" 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: c/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 3 4 5 6 7 8 9 10 11 12 13 14 15 17 18 19 20 21 22 23 24 25 26 27 28 r «-v" \^f s*» 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: NOES: ABSENT: ABSTAIN: Commissioner Rombotis, Larson, Watson, Fikes, Woodward . Commissioner L'Heureux. None. Commissioner Jose. ERIC LARSON, Chairman ATTEST: ^L~ I -rfjJAKES''tT. HAGAMAN, Secre1:ary .2 EXHIBIT "A1 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 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 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. 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. 4. 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 Vg^n Sales or Storage Areas>^ 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 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. 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. 21.27.090 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 impose 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. 21.27.110 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 T T 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 21.44.120. 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 21.44.120, 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 6SECTION 4:^lfitle 21, Chapter 21.41 of*"1:he 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 other 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 shall 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 OF "CARLSB/% ; Meeting of: Time of Meeting: Date of Meeting: Place of Meeting: CITY COUNCIL (Adjourned Regular Meeting) 7:00 P.M. February 8, 1978 _ Council Chambers __.«-??_. [114] ROLL CALL: Mayor Frazee indicated the purpose of the meet- ing was to continue with the items from the .Agenda of February 7, 1978. PUBLIC HEARINGS: 17. AGENDA BILL #5323 - NEW ZONE DISTRICT - C-E EXTENSIVE COMMERCIAL ZONE - CITY OF CARLSBAD. The Planning Director gave the staff report out- lining his memorandum to the City Manager dated January 25, 1978. Mayor Frazee asked"if anyone wished to speak on the matter and declared the public hearing open. Mr. Robert Knauf, 810 Mission, Oceanside, attor- ney representing Tri-City Automobile Dealers Association in Car Country, addressed Council. Mr. Knauf indicated his interest was due to the fact that Car Country would fall in the new zone. He stated Car Country currently follows a pro- cedure similar to that proposed; however, he felt it would be desirable to allow more flexi- bility wherein department heads and senior staff members would have authority to approve certain portions of the requirements. He further suggested the portion dealing with Site Development Plans and signs be modified to allow more flexibility as far as fitting signs into the overall design of the development. He concluded by stating there are approximately 10 acres left in Car Country to be developed that would be governed by this new zone, and currently Lincoln-Mercury is negotiating with possibility of locating in Car Country. Since no one else wished to be heard, the Mayor closed the public hearing at 7:39 P.M. Staff indicated there are currently only two areas desigaated RRE; those being Car Country and the property west of 1-5 and north of Palomar Airport Road, which is owned by Mr. Priestly. Council questioned the desirability of some of the permitted and accessory uses contained in the proposed zone, as well as those possibly allowed by Conditional Use Permit. Council expressed concern re the- uses in that the areas in question are adjacent to a scenic highway. Therefore, development occurring in those areas will reflect on the City itself. Further concern was expresse I relative to the maximum size of the zone district Following a great deal of discussion, Council Motion tabled ZCA-91, C-E Extensive Commercial Zone. Ayes Present I T TJT : Meeting of.'W CITY COUNCIL (Ad journed Wgular Meeting) V^-\ Time of Meeting: 7:00 P.M. VJ\Tr; Date of Meeting: February 8, 1978 \ V" Place of Meeting: Council Chambers . ' . ROLL CALL: Mayor Frazee indicated the purpose of the meet- ing was to'continue with the items from the Agenda of February 7, 1978. PU&LLC HEARINGS: X7 17. AGENDA BILL #5323 - NEW ZONE DISTRICT - // C-E ^TENSIVE COMMERCIAL ZONE - CITY OF CARLSBAD. \^__^^"^ Planning Director gave the staff report out- lining his memorandum to the City Manager dated January 25, 1978. Mayor Frazee asked if anyone wished to speak on the matter and declared the public hearing open. Mr. Robert Knauf, 810 Mission, Oceanside, attor- ney representing Tri-City Automobile Dealers Association in Car Country, addressed Council. Mr. Knauf indicated his interest was due to the. fact that Car Country would fall in the new zone. He stated Car Country currently follows a pro- cedure similar to that -proposed ; however, he . felt it would be desirable to allow more flexi- bility wherein department heads and senior staff members would have authority to approve certain portions of the requirements. He further suggested the portion dealing with Site Development Plans and signs be modified to • allow more flexibility as far as fitting signs into the overall design of the development. He concluded by stating there are approximately 10 acres left in Car Country to be developed that would be governed by this new zone, and currently Lincoln-Mercury is negotiating with possibility of locating in Car Country. Since no one else wished to be heard, th'e Mayor closed the public hearing at 7:39 P.M. Staff indicated there are currently only two areas designated RRE; those being Car Country and the property west of 1-5 and north of Palomar Airport Road, which is owned by Mr. .Priestly. Council questioned the desirability of some of - the permitted and accessory uses contained in the proposed zone, as well as those possibly allowed by Conditional Use Permit. Council expressed concern re the uses in that the areas in question are adjacent to a scenic highway. Therefore, development occurring in those areas will reflect on the City itself. Further concern was expresse relative to the maximum size of the zone district Following a great deal of discussion, Council. tabled ZCA-91, C-E Extensive Commercial Zone. 1 N Present J\ sTJLs<Z? „ 1 Motion Ayes :.* X' X X