HomeMy WebLinkAbout1983-05-03; City Council; 7371; Home Occupations Zone Code AmendmentI
CITY ,F CARLSBAD - AGENDA~LL
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ZCA-156 - ZONE CODE AMENDMENT -
HOME OCCUPATIONS - CITY OF CARLSRAD
TlTLEr DEPT. HD.
CITY A"Y
Both the Planning Commission and the Planninq staff recommend that this item be approved and that the City Council introduce Ordinance No. 9&,$6 .
ITEM EXPLANATION:
This item is an amendment to the Zoning Ordinance to set clear, enforceable performance standards for the conduct of businesses
in residential zones (home occupations). This proposed subsection would replace the existing authorization for home occupations which is vaque and overly subject to interpretation. As such, home occupations will continue to be a permitted use in all residential zones, subject to these revised standards. (The standards are listed in the attached City Council Ordinance, Exhibit "A". )
Persons conductinq home occupations would be required (throuqh business licenses) to acknowledqe that they are aware of these conditions and that their business is subject to them.
The Planninq Commission and staff believe that this amendment will allow home occupations without jeopardizinq or disruotinq
the residential character of the neiqhborhood.
ENVIRONMENTAL REVIEW:
The Planning Commission approved the Neqative Declaration issued by the Land Use Planning Manager at their meetinq of April 13,
1983.
FISCAL IMPACT:
No fiscal impacts would be created as a result of this amendment.
EXHIBITS:
1. City Council Ordinance No. 9686 2. Planning Commission Resolution No. 2062
3. Staff Report dated April 13, 1983, with Attachments
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- EXHIBIT "A" ZCA- 15 6
MARCH 25, 1983
ORDINANCE NO. 9686
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 21,
CHAPTER 21.10, SECTION 21.10.010, SUBSECTION
21.10.010(7) OF THE CARLSBAD MUNICIPAL CODE BY REVISING SECTION 21.10.010(7) TO SET CONDITIONS FOR THE CONDUCT OF HOME OCCUPATIONS IN RESIDENTIAL ZONES.
The City Council of the City of Carlsbad, California, does
ordain as follows:
SECTION 1: That Title 21, Chapter 21.10, of the Carlsbad
Municipal Code is amended by the revision of Section 21.10.010(7)
to read as follows:
(7) Home occupations which are not disruptive to the
residential character of the neighborhood and which are subject to the following conditions:
secondary use by a resident or residents of the premises.
premises.
conducted entirely within the residential structure, except for permktted agricultural or harticultural uses.
appearance of the residential structure which would reflect the
existence of the home occupation.
stock in trade shall be permitted where visible from the
exterior of the property. No deliveries or pickups by heavy- duty commercial vehicles shall be permitted.
conducted on the property, except for agricultural goods grown on the premises. This provision shall not be construed to
prohibit taking orders for sale where delivery of goods or performance of services does not occur on the property. (G) The home occupation shall not cause any
external effect which is inconsistent with the residential
zone or disrupts the neighborhood, including but not limited to,
noise from equipment, traffic, lighting, offensive odor, or
electrical interference.
indicating -the existence of the home occupation shall be permitted on the premises.
elimination of required off street parking.
greater than 20% of the combined total floor area of all on-site
structures.
conduct of a home occupation.
(A) Home occupations shall be conducted as a
(B) No employees shall be employed on the
(C) All home occupation activities shall be
(D) There shall be no external alteration of
(E) No storage of materials, goods, equipment, or
(F) Sale of goods or services shall not be
(H) No advertising, signs, or displays of any kind
(I) The home occupation shall not cause the
(J) The home occupation may not utilize an area
(K) A City business license is required for the
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EFFECTIVE DATE: This ordinance shall be effective thirt
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 City Council held on the 3rd day of May , 1983, and
thereafter
PASSED, APPROVED AND ADOPTED at a regular meeting of the
City Council held on the 17th day of May , 1983, by
the following vote, to wit:
AYES: Council Members Casler, Lewis, Chick and Prescott
NOES: None
ABSENT: Council Member Kulchin
%Q-&ELL MARY H. PSLER, Mayor
ATTEST :
ALETHA L. FtA
(SEAL)
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PLANNING COMMISSION RESOLUTION NO. 2062
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSHAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CODE AMENDMENT, AMENDING TITLE 21, CHAPTER 20.10, SECTION 21.10.010, OF THE CARLSBAD MUNICIPAL CODE, BY THE REVISION OF SUBSECTION 21.10.010(7) TO SET CONDITIONS FOR THE CONDUCT OF HOME OCCUPATIONS IN RESIDENTIAL ZONES. APPLICANT: CITY OF CARLSBAD
CASE NO.: ZCA-156
WHEREAS, the Planning Commission did, on the 13th day of
April, 1983, hold a duly noticed public hearing as prescribed by
law to consider said request; and
WHEREAS, at said public hearing, upon hearing and
considering all testimony and arguments, if any, of all persons
desiring to be heard, said Commission considered all factors
relating to the Zone Code Amendment.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Cornmission as follows:
A) That the above recitations are true and correct.
B) That based on the evidence presented at the public hearing, th Commission recommends APPROVAL OF ZCA-156, according to Exhibi "A", dated March 25, 1983, attached hereto and made a part
hereof, based on the following findings:
Find i ng s :
1) That the existing Section 21.10.010(7) of the Carlsbad
Municipal Code needs revision to make it more clear and concise.
2) That this amendment will allow home occupations without adverse impacts to residential areas.
3) That this project will not cause any significant environmental impacts, and a declaration of negative environmental impact has been issued by the Land Use Planning Manager on December 1, 1982 and approved by the Planning Commission on April 13,
1983.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
Planning Commission of the City of Carlsbad, California, held on
the 13th of April, 1983 by the following vote, to wit:
AYES:
NOES :
ABSENT :
ABSTAIN :
CLARENCE SCHLEHUBER, Chairman
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HOLZMILLER,
LAND USE PLANNING MANAGER
PC RES0 NO. 2062
STAFF REPORT
DATE : April 13, 1983
TO : Planning Commission
FROM : Land Use Planning Office
SUBJECT: ZCA-156 - CITY OF CARLSBAD - Amendment to the Zoning Ordinance revising guidelines and setting conditions for the conduct of Home Occupations in residential zones .
I. RECOMMENDATION
It is recommmended that the Planning Commission APPROVE the Negative Declaration issued by the. Land Use Planning Manager and
ADOPT Resolution No. 2062, recommending APPROVAL of ZCA-156 based on the findings contained therein.
11. PROJECT DESCRIPTION
This request to amend the Zoning Ordinance is continued from the
December 22, 1982 Planning Commission Meeting. As previously
mentioned, it is an outgrowth of recent staff recognition that the authorization for home occupations as provided in the present
Section 21.10.010(7) of the Zoning Ordinance is vague and overly
subject to interpretation. The proposed amendment would replace this sub-section with performance standards which could more efficiently regulate the use of home occupations and keep
them within practical guidelines. At the previous meeting, the
Commission expressed concern that some of the criteria was too restrictive. The Ordinance has been revised to reflect that
concern.
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Staff has eliminated the requirement for an official authorization (Home Occupation Permit) granted by the Land Use
Planning Manager. The City Attorney's Office has indicated that, while that authorization would make the ordinance more readily enforceable, the ordinance is enforceable as written.
In addition, several of the restrictions have been changed to performance standards which are general rather than having specific criteria, i.e. noise levels, maximum horsepower of
equipment.
Section 21.10.010(7) (under R-1 Zone permitted uses) presently reads:
(7) Maintaining mail address for coinmercial and business license purposes only, provided no stock in trade, supplies,
professional equipment, apparatus or business equipment except
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- such as are accessory to a permitted use are kept on the
premises; and provided, that no employees or assistants are engaged for services on the premises except in connection with uses specifically listed as permissible in this section;
provided further, that one motor vehicle, together with the equipment, tools and stock in trade maintained therein where such motor vehicle is used as the means of transportation by the resident of the premises, and further provided that such tools and equipment are not used for the performance of service upon
the premises and the stock in trade is not sold from the
premises;
This sub-section (under Permitted Uses) is proposed to be amended
as follows:
(7) Home occupations which are not disruptive to the
residential character of the neighborhood and which are subject to the following conditions:
(A) Home occupations shall be conducted as a
(B) No employees shall be employed on the
(C) All home occupation activities shall be
(D) There shall be no external alteration of
secondary use by a resident or residents of the premises.
premises.
conducted entirely within the residential structure, except for
permitted agricultural or horticultural uses.
appearance of the residential structure which would reflect the existence of the home occupation.
stock in trade shall be permitted where visible from the exterior of the property. No deliveries or pickups by heavy- duty commercial vehicles shall be permitted.
conducted on the property, except for agricultural goods grown on the prenises. This provision shall not be construed to prohibit taking orders for sale where delivery of goods or performance of services does not occur on the property.
(G) The home occupation shall not cause any external effect which is inconsistent with the residential
zone or disrupts the neighborhood, including but not limited to, noise from equipment, traffic, lighting, offensive odor, or electrical interference.
indicating the existence of the home occupation shall be
permitted on the premises.
elimination of required off street parking.
greater than 20% of the combined total floor area of all on-site
structures.
conduct of a home occupation.
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(E) No storage of materials, goods, equipmevt, or
(F) Sale of goods or services shall not be
(H) No advertising, signs, or displays of any kind
(I) The home occupation shall not cause the
(J) The home occupation may not utilize an area
F (K) A City business license is required for the
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Staff has noted a recent rise in the number of home occupations in the City and has increasingly been asked to interpret this section. As such, staff feels this amendment will be helpful, as it is more realistic, gives greater guidance, and is easier
to enforce.
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111. 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 December 1, 1982.
ATTACHMENTS
1. Planning Commission Resolution No. 2062
2. Exhibit "A", dated March 25, 1983
4. Environmental Documents
PJK:bw
4/5/83
Carlsbad Journal
Decreed a Legal Newspaper by the Superior Court of Son Diego County
31 38 ROOSEVELT ST. 0 P.O. BOX 248 0 CARLSBAD, CA 92008 729-2345
Proof of Publication
STATE OF CALIFORNIA, ss
COUNTY OF SAN DIEGO,
I am a citizen of the United States and a resideint 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, Cciunty of Sun Diego, State of California, and which
newspaper is published for the dissemination of loccil 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 ._
NOTICE OF PUBLIC HEARING
ZC A- 156
NOTICE IS HEREBY GIVEN that
the City Councilofthecity ofCarls- bad will hold a public hearing at the City Council Chambers, 1200 Elm Avenue, Carlsbad. California.
at 6 00 P M on Tuesday. May 3,1983.
to consider an application for an
amendment to the Zoning Ordi-
nance setting guidelines and condi- lions for the conduct of home occupatlons in residential zones on property city-wide Applicant City of Carlsbad
CJ W319 April 20. 1983 CARLSBAD CITY COUNCIL
published in each regular and entire-issue of said
newspaper and not in any supplement thereof on
the following dates, to-wit:
...................... .&&'Ci?. 2.0 . 19. .e5
................................. 19 ....
................................. 19 ....
................................. 19 ....
................................. 19 ....
I certify under penalty of perjury that the foregoing is true and correct. Executed at Carlsbad, County of San Diego, State of California Tn t'r:~. 30t.h day of :tFr1 1983 -
2M-4!82
,' %i i- - --' LL L. I
Clerk of the Printer
NOTICE OF PUBLIC HEARING
ZCA-156
NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will
hold a public hearing at the City Council Chambers, 1200 Elm Avenue,
Carlsbad, at 6:OO P.M., on Tuesday, May 3, 1983, to consider an application for an amendment to the Zoning Ordinance setting guidelines and conditions
for the conduct of home occupations in residential zones on property
city-wide.
APPLICANT: City of Carlsbad
PUBLISH : April 20, 1983 CARLSBAD CITY COUNCIL
- P' CE OF PURLIC HEARING
, WICE IS WEREBY GIVEN that the Planning Cormission of the City of Carlsbad will hold a public hearing at the City Council Chambers, 1200 Elm Avenue, Carlsbad, California, at 7:OO p.m. on Wednesday, Decenber 22, 1982, to
consider approval of an amendment to the Zoning Ordinance setting guide-
lines and conditions for the conduct of home occupations in residential
zones on property city-wide.
Those persons wishing to spak on this proposal are cordial1.y invited to
attend the public hearing.
Use Planning Office at 438-5591.
If you have any questions please call the Land
CSE FIIX: ZCA- 1 56
APPIIICANT: CITY OF CARLSRAD
PUBLISH : December 11, 1982