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HomeMy WebLinkAbout1982-11-02; City Council; 7194; Permit the use of combination zoning on property- -4 CIT. 3F CARLSBAD - AGEND,. BILL RECOMMENDED ACTION: Both the Planning Staff and Planning Commission recommend that this amendment be APPROVED. If the City Council concurs, your action is to introduce Ordinance No. 965-2 ITEM EXPLANATION: This item is a zone code amendment allowing the city to use combination zoning (more than one zone) on unique properties in conjunction with a specific plan. This amendment is a result of recent staff recognition that such zoning would help solve some zoning problems in areas where greater flexibility and additional uses are desirable. The combination zone would only be applied to non-residential zones (excluding the R-P zone). Staff and the Planning Commission believe that the unique circumstances that must exist on the property prior to the application of such zoning will inhibit the possibility of abuse. In addition, an approved specific plan, detailing the permitted uses and other zoning restrictions must accompany all combination zoned property. FISCAL IMPACTS: No fiscal impacts are anticipqted by this amendment. ENVIRONMENTAL REVIEW: The Land Use Planning Manager has determined that this project will not cause any significant environmental impacts and, therefore, has issued a Negative Declaration, which was approved by the Planning Commission on October 13, 1982. A copy of the environmental documents is on file in the Land Use Planning Off ice. EXHIBITS: 2. P.C. Resolution 1. Ordinance No. 2. Staff Report dated October 13, 1982 PLANN1K-S COMMISSION RESOLUTION NO. 2025 -- A RESOLUTION OF THE PLAiJHlh'G CQMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CODE AMENDMENT, AMENDING TITLZ 21 I CHAPTER 21 -05 , OF THE CAKLSBAD MUNICIPAL CODE BY ADDING SECTION 21.05.095 TO ALLOW FOR COMBINATION ZONING ON PARCELS EXHIBITING UNIQUE CIRCUMSTANCES, APPLICANT: CITY OF CARLSBAD CASE NO: ZCA-144 - I_-- I WHEREAS, the Planning Commission did, on the 13th day of Ockober, 1982, hold a duly ~oticed public hearing as prescribed by law to consider said request; and WHEREASI at said public hearing, upon hearing and consider ing all testimony and arguments, if any, of all persons desirin.g to be her%rd, said Cornmisslola emsidered all factors relating to the Zone Code Amendment. NOW, THEREFORE, RE IT HEREBY RESOLVED by the PXanning culmissicn as Eollows: A) hat the above recitatiocs are true and correct, B) "'nail Liased on the evidence presented at the 2ubLFc hmring, k*::.;.. Commission recommends apprsval of ZCA-144 according to Exh.ibi-, ''A" '. dated October 13, 1982, attached and incorporated hcrei-r , based on the following findings: Find ing s : -- I) That allowing for combination zoning on certain parsels will allow for more apprapriate arid imaginative developments. 2) That requiring a specific plan for properties with combination zoning will assure compatibility of existing and future uses 3-1 will not sacrifice gcod planning principles. 3) :?hat combinati.cn zoning will ba consistent: wi.th the goals and policies of the General. Plan by allowing more flexibLiity in development, 4) That this project will not cause any significant environmental impacts, and a Declaration of Negative Environmental Inipac:l= has been issued by the Land Use Planning Manager on April. 28, 19G3 and approved by the Planning Commission on October 13, 798%- 1 2 3 4 5 6 7 8 9 10 11 22 13 3-4 2.5 16 3.7 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a ;regular meeting of the Planning Cornmission of tile City of Carlsbad, California, held mi ?-.I-: 13th day of October, 1982, by the followinc; vote, to wit: AYES: NOES : ABSENT: ABSTAIN : -* VERNON J, FARROW, ZR. I Chairman CARLSBAD PLANNING COMMISSION MICHAEL J. HOLZMILLER, Land Use Planning Manager PC RES0 NO, 2025 -2- STAFF REPORT 0 DATE : October 13, 1982 TO : Planning Commission FROM : Land Use Planning Office SUBJECT: ZCA-144 - CITY OF CARLSBAD - An amendment to the Zoning Ordinance which would permit the use of combination zoning (more than one zone) on prcperty in conjunction with a specific plan. I. PROJECT DESCRIPTION _I This request to amend the Zoning Ordinance is an outgrowth of recent staff recognition that there are circumstances in the city where more than one zone may be appropriate for a single property or area. The purpose of the multiple zone is to allow greater flexibility and provide for additional compatible uses for areas which exhibit unique circumstances or problems. The combination zone could only be applied to non-residential zones (excluding the R-P zone). For combination zoning to be applied to an area, all three of the following circumstances must exist on the subject property. 1. The characteristics of the site demonstrate that the use of a single zone is inadequate to allow proper planning and development in conformance with the General Plan. 2. The area is partially developed under an existing zone but desirable uses for the infill of this area are not permitted under the existing zone. 3. The characteristics of the area are such that a combination zone would allow a greater ability for land uses to be compatible with and protect surrounding land uses. Once it has been clearly demonstrated that an area possesses these unique circumstances, a specific plan for the site, detailing the uses permitted as well as all other zoning restrictions, must be approved by the city. An example of an area that would be appropriate for multiple zoning is the industrially zoned area along both sides of Paseo del Norte between Palomar Airport Road and Alta Mira. The area is presently in a state of transition and possesses all three of the above unique circumstances. Some industrial uses already exist, and recently, there has been greater demand for commercial (tourist oriented) and office uses in the area. Because of this demand, the General Plan was recently amended and now designates this area for Travel Service and office type uses. Multiple zoning of Commercial Tourist (CT) and Residential Professional (RP) would be appropriate to implement the General Plan. To assure compatibility of uses, multiple zoning would require the development of a specific plan for the area. Staff feel..s that this amendment will lead to more appropriate and imaginative developments in unique areas without sacrificing overall planning principles. 11. ENVIRONMENTAL REVIEW -- - The Land Use Planning Manager has determined that this project will not have a significant effect on the environment and, therefore, issued a Negative Declaration on April 28, 1982. In. RECOMMENDATION It is recommended that the Planning Commission APPROVE the Negative Declaration issued by the Land Use Planning Manager and adopt Resolution No. 2025, recommending APPROVAL of ZCA-144, based on the findings contained therein. ATTAC HM EMT S 1. P.C. Resolution No. 2025 2. Exhibit "A", dated October 13, 1982 3. Environmental Documents - PJK:kb 9/30/82 \ -2- , ., . ', '. 1 2 5 4 5 6 7 8 9 TO 11 12 13 14 15 1E 1 7 JE 1s 2c 23 22 ORDI NCE 0. 9652 AN ORDINANCE OF TfIE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 21, CHAPTER 21.05, OF THE CARLSBAD PIUNICIPAL CODE BY ADDING SECTION EX I1 1 B X T' I $1 G U N I 0 U E C I R.GU M S TAN C E S . 21 .05.095 TO ALLOW FOR CO~4BINATION ZONING ON PARCELS The City Council of the City of Carlsbacl, California, does ordain as follows: Section I: That Title 21, Chapter 21-05 of the Carlsbad Municipal Code is amended by the addition of Section 21.05.095 to read as follows:' I 21.05.095 Coibination Zoning. To provide for flexibility in implementing the Zoning Ordinance and to provide for greater flexi- bility in the distribution of the uses permitted under the various zones, two or more zones may be permitted on property exhibiting uni.que circumstances if processed in conjunction with a specific plsfi. Prior to approval of any combination zoning, it must be found that all oE th2 following circumstances exist on the property where the combination zoning is to be applied: _. 1) The characteristics of the site demonstrate that the use oLF a single zone is inadequate to allow proper planning arid develop ment in conformance with the General Plan. 2) The area is partially developed under an existing zone, but desirable uses for the infill of this area are not permitted under the existing zone. 3) The characteristics of the area are such that a combination zone would allow a greater ability for land uses to b2 cornpat- ible with and protect surrounding land uses, Prior to the approval of any permits for development OE p~-opert..y with combination zoning, a specific plan, approved pursuan to Section 65450 et. seq. of the Governnent Code, shall establish the regulations and development standards for such property and the uses permitted thereon. It is intended that such combination zonir may apply only to non-residential zones excluding the R-P zone, and that the uses permitted may be any combination of perxitted uses as provided in the speciEic plan. //// , //// *. 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 -\ .- . r i I EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption 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 regular meeting of the Carlsbad 1 day of Novmikr City Council held on the 1982, and thereafter. 2nd PASSED AND ADOPTED at a regular meeting of said City Council held on the 16th day of Nwenber I 1982, by the following vote, to wit: AYES : NOES: None Council Merbers Casler, Lewis, Kulchh, Chick and Prescott ABSENT: None ATTEST : n (SEAL) -2- 3 Carlsbad Journal Decreed a Legal Newspaper by the Superior Court of Son Diego County 3 138 ROOSEVELT ST. 0 P.O. BOX 248 CARLSBAD, CA 92008 729-2345 Proof of Publication STATE OF CALIFORNIA, ss COUNTY OF SAN DIEGO, NOTICE OF PUBLIC HEARING 'ZCA-144 NOTICE IS MEREBY GIVEN that the Citycouncil OftheQtyofCarls- bad .will hold a public hearid at the City Council Chambers. lZ00 Elm Avenue, Carlsbad, California. at 6:OO P.M. on Tuesday. November 2, 1982. to consider.an application for an amendment to the Zoning Ordinance permitting multiple zoning on a sbngle piece of properly in eonjunction with P specific plan. The revised ordinance would be applicable city-wide. Applicant: City of Carlsbad GI W242: October 20, 1982 CARLSBAD CITY COUNCIL 2M-4i82 I am a citizen of the United States and a resident of the county aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am principal clerk of the printer of the Carlsbad Journal a newspaper of general circulation, published twice weekly in the City of Carlsbad, County of Sun Diego, State of California, and which newspaper is published for the dissemination of local news and intelligence of a general character, and which newspaper at all times herein mentioned had and still has a bona fide subscription list of paying subscribers, and which newspaper has been established and published at regular intervals in the said City of Carlsbad, County of Sun Diego, State of California, for a period exceeding one year next preceding the date of publication of the notice hereinafter referred to; and that the notice of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: ................................. 19 .... ............................. 19 .... ................................. 19 .... ................................. 19 ... I certify under penalty of perjury that the foregoing is true and correct. Executed at Carlsbad, Coun,ty of San Diego, day of ict&cr 2 kw', State of California on ____ tr., ?C+& ,LA.CCi < < F., ' F I \ L ,+cia. /' Clerk of the Printer NOTICE OF PUBLIC HEARING ZCA-144 NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad hold a public hearing at the City Council Chambers, 1200 Elm Avenue, Carlsbad, California, at 6:OO P.M., on Tuesday, November 2, 1982, to will consider an application for an amendment .to the Zoning Ordinance permitting multiple zoning on a single piece of property in conjunction with a specific plan. The revised ordinance would be applicable city-wide. APPLICANT: City of Carlsbad PUBLISH: October 20, 1982 CARLSBAD CITY COUNCIL hUI’ICE IS will hold Carlsbad , - f”1CE OF PUE3LIC HEARING HEREBY GIVEN that the Planning Commission of the City of Carlsbad a public hearing at the City Council Chambers, 1200 Elm Avenue, California, at 7:OO p.m. on Wednesday, October 13, 1982, to consider approval of an amendxrent to the Zoning Ordinance permitting multiple zoning on a single piece of property in conjunction with a specific plan. ‘Ihe revised ordinance would be applicable city-wide. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Use Planning Office at 438-5591. If you have any questions please call the Land CASE FILE: ZCA-144 APPLICAW: CITY OF CARLSaAD PUBLISH : October 2, 1982 CITY OF CARLSBAD PLANNIK COMMISSION