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%-
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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
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PJK:kb
9/30/82
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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.
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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)
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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