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.
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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.
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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.
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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.
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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.
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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
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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
:.*
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