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Home My WebLink About1984-11-06; City Council; 7945; Regulating land uses in Q overlay zoneCIT'*3F CARLSBAD - AGENDI3lLL 'B# 79 'a- TITLE: ZONE CODE AMENDMENT REGULATING LAND ITG. 11/6/84 USES IN THE Q OVERLAY ZONE. IEPT. PLN ZCA-180 - CITY OF CARLSBAD. DEPT. HD.~ CITY MGR.~ /------ CITY AllYX RECOMMENDED ACTION: Both the Land Use Planning staff and Planning Commission recommend that this application be APPROVED and that the City Council introduce Ordinance No. 97.3 9 ITEM EXPLANATION This item is an amendment to the zoning ordinance to allow the city to regulate land uses on property having the Q (Qualified Development Overlay) zone. The Q Overlay zone is intended to supplement the underlying zoning by providing additional regulations for development. This amendment would provide one more safeguard to ensure that uses allowed in the Q Overlay zone are not detrimental to surrounding uses and permitted future uses in the vicinity. Specific findings must be made before any uses could be allowed in the Q zone. These findings relate to compatibility and potential impacts to surrounding properties. These findings are contained in the attached City Council Ordinance. The Planning Commission found that the zone code amendment was necessary to ensure the compatibility of land uses in the Q Overlay zone. Through staff review and Planning Commission hearing, all issues on this matter have been satisfactorily resolved. 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, dated September 25, 1984, which was approved by the Planning Commission on October 10, 1984. A copy of the environmental documents is on file in the Land Use Planning Office. FISCAL IMPACTS No fiscal impacts would be created by the approval of this amendment. EXHIBITS 1. City Council Ordinance No. 9739 2. PC Resolution No. 2365 3. Staff Report, dated October 10, 1984 I c I i ? 4 E E 7 E s 1c 11 12 n z 0 16 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. 9739 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING TITLE 21, CHAPTER 21.06 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF SECTIONS 21.06.010, 21.06.020, 21.06.070 AND 21.06.140 TO ADD ADDITIONAL USE RESTRICTIONS WITHIN THE Q, QUALIFIED DEVELOPMENT OVERLAY ZONE AND TO ESTABLISH REQUIREMENTS FOR A PUBLIC HEARING. The City Council of the City of Carlsbad does ordain as follows : SECTION 1: That Title 21, Chapter 21.06 of the Carlsbad Municipal Code is amended by the addition of Section 21.06.010(6) to read as follows: ''( 6) Promote orderly, attractive and harmonious development, and promote the general welfare by preventing the establishment of uses or erection of structures which are not properly related to or which would adversely impact their sites, surroundings, traffic circulation or environmental setting.". SECTION 2: That Title 21, Chapter 21.06 of the Carlsbad Municipal Code is amended by the amendment of Section 21.06.020 to read as follows: "21.06.020 Permitted uses and structures. (a) Subject to the provisions of subsection (b), in the Q qualified development overlay zone, any principal use, accessory use, transitional use or conditional use permitted in the underlying zone is permitted subject to the same conditions and restrictions applicable in such underlying zone and to all of the requirements of this chapter. permitted unless the Planning Commission, or the City Council or appeal, finds: (1) That the requested use is properly related to the site, surroundings and environmental settings, is consistent with the various elements and objectives of the general plan, will not be detrimental to existing uses or to uses specifically permitted in the area in which the proposed use is to be located, and will not adversely impact the site, surroundings or traffic circulation: in size and shape to accommodate the use; fences, landscaping, and other features necessary to adjust the requested use to existing or permitted future uses in the neiqhborhood will be provided and maintained: (b) Notwithstanding subsection (a) no use shall be (2) That the site for the intended use is adequate (3) That all of the yards, setbacks, walls, I 1 2 3 4 5 6 7 a 9 10 11 12 0 k le 19 2c 21 22 22 24 25 26 27 2e V (4) That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use. SECTION 3: That Title 21, Chapter 21.06 of the Carlsbad Municipal Code is amended by the amendment of Section 21.06.070 to read as follows: "21.06.070 Transmittal to the planning commission. The Land Use Planning Manager shall transmit the application for a site development plan, -together with his recommendation thereon, to the Planning Commission when all necessary reports and processing have been completed. The Planning Commission shall hold a public hearing on the site development plan and shall announce its decision thereon by resolution. Notice of the public hearing shall be given pursuant to Section 21.54.060( 1) of this Code. When an application is relative to another discretionary permit, it may be considered by the Planning Commission. concurrent with their consideration of the discretionary permit." SECTION 4: That Title 21, Chapter 21.06 of the Carlsbad Municipal Code is amended by the amendment of Section 21.06.140 to read as follows: "21.06.140 City Council hearing. Upon receipt of a written appeal the City Clerk shall advise the Land Use Planning Manager and shall set the matter for public hearing by the City Council. Notice of the public hearing shall be given pursuant to Section 21.54.060(1) of this Code. The City Council shall announce its decision by resolution. If such resolution grants approval of a site development plan it shall also recite such conditions, requirements, design criteria or development standards as the Council may impose. The decision of the City Council is final. In the event the decision of the City Council on an appeal is contrary to a decision of the Planning Commission the Land Use Planning Manager shall so report to the commission and include the basis of the Council action." 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. /// /// 3 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council held on the 6th day of November I 1984 , and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held on the 20th day of November , 1984 by the following vote, to wit: AYES: COUnCil "hers Casler, Lewis, Kulchin and Chick NOES : None ABSENT: mne ABs!lXlN: Council Member Pettine ATTEST: I MARY H. PSLER, Mayor ALETHA L. RAUTENKRANZ, City Cqrk 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 ia 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 2365 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CODE AMENDMENT, AMENDING TITLE 21, CHAPTER 21 .06, SECTIONS 21.06.010 AND THE ADDITION OF SUBSECTION 21.06.010(6) AND BY THE AMENDMENT OF SECTION 21.06.020 TO REGULATE LAND USES AND STRUCTURES IN THE Q (QUALIFIED DEVELOPMENT OVERLAY) ZONE. APPLICANT: CITY OF CARLSBAD CASE NO: ZCA-180 21.06.020, OF THE CARLSBAD MUNICIPAL CODE, BY WHEREAS, the Planning Commission did, on the 10th day of actober, 1984 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 Commission as follows: A) That the above recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission recommends APPROVAL of ZCA-180, according to Exhibit 'A', dated October lo, 1984, attached hereto and made a part hereof, based on the following findings: Findings: 1) The zone code amendment will promote orderly, attractive and harmonious development I and promote the general welfare by preventing the establishment of uses or erection of structures which are not properly related to or which would adversely impact their sites, surroundings, traffic circulation or environmental setting. 2) This project will not cause any significant environmental impacts and a Negative Declaration has been issued by the Land Use Planning Manager on September 25, 1984 and approved by the Planning Commission on October 10, 1984. I/// 1 2 3 4 5 6 7 e 9 IC 11 12 1: 14 1: It 1'; 1f 15 2( 21 2; 2; 24 2: 2t 2'; 2E PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 10th day of October, 1984, by the following vote, to wit: AYES : Chairman Rombotis, Commissioners Marcus, NOES : None. Schlehuber, McFadden, Smith and L'Heureux. ABSENT: Commissioner Farrow. ABSTAIN : None. BAD PLANNING COMMISSION MICHAEL J. WLZMIwER LAND USE PLANNING MANAGER PC RES0 NO. 2365 -2- STAFF REPORT DATE : OCTOBER 10, 1994 TO : PLANNING COMMISSION FROM: LAND USE PLANNING OFFICE SUBJECT: ZCA-180 - CITY OF CARLSBAD - An amendment to Chapter 21.06 of the Zoning Ordinance regarding the regulation of land uses on properties having the Q Overlay Zone. I. RECOMMENDATION It is recommended that the Planning Commission APPROVE the Negative Declaration issued by the Land Use Planning Manager and ADOPT Resolution No. 2365, recommending APPROVAL of ZCA-180, based on the findings contained therein. 11. DISCUSSION This item is a city initiated amendment of the Q (Qualified Development Overlay) zone to allow the city to regulate land uses on property having the Q Zone. The Q Zone is intended to supplement the underlying zoning by providing additional regulations for development. This amendment would provide one more safeguard to ensure that uses allowed within the confines of a property with the Q Zone are not detrimental to surrounding uses and permitted future uses in the vicinity. The specific provisions of the amendment are contained in Exhibit 'A', dated October 10, 1984. The amendment would permit any uses allowed by the underlying zone with the qualification that uses would not be allowed if they were found to be detrimental to the public's health and welfare. The findings that would have to be made by the Planning Commission, or City Council on appeal, to permit uses in the 0 Zone are the following: (1) That the requested use is properly related to the site, surrounding and environmental setting, is consistent with the various elements and objectives of the general plan, will not be detrimental to existing uses or to uses specifically permitted in the area in which the proposed use is to be located, and will not adversely impact the site, surroundings or traffic circulation: (2) That the site for the intended use is adequate in size and shape to accommodate the use: 7 (3) That all of the yards, Setbacks, walls, fences, landscaping, and other features necessary to adjust the requested use to existing or permitted future uses in the neighborhood will be provided and maintained; (4) That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use. The issue before the Planning Commission is whether or not regulation of land uses in the Q zone is necessary or desirable. Staff believes that the amendment is necessary to ensure that incompatible and undesirable uses adjacent to existing development are not allowed even though they may be permitted in the underlying zone. From a legal point of view, cities may regulate land uses in this matter. The Q Overlay zone is intended to apply to properties having special circumstances and to properties where compatibility of development is of particular concern. The Q Overlay zone, therefore, provides development standards that are more restrictive than the underlying zone to ensure compatible development. Expanding the scope of the Q zone to include land use regulation is in keeping with the zone's original intent of providing for compatible development when special circumstances exist. Staff is, therefore, recommending approval of this amendment. 111. ENVIRONMENTAL REVIEW The Land Use Planning Manager has determined that this project will not have a significant impact on the environment and, therefore, issued a Negatative Declaration on September 25, 1984. EXHIBITS 1. PC Resolution No. 2365 2. Exhibit 'A' dated, October 10, 1984 (City Council Ordinance) 3. Environmental Documents BH/ar -2- Carlsbad Journal Decreed a Legal Newspaper by the Superior Court of Sun Diego County 3 138 ROOSEVELT ST. P.O. BOX 248 CARLSBAD, CA 92008 0 729-2345 Proof of Publication STATE OF CALIFORNIA, ss COUNTY OF SAN DIEGO, 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 San 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: ........... Qctc! 4% .?? .......... 19. .w ................................. 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 on 20tri day of Oct,ober, 19E4 n - - Clerk of VPrinter L~JTICE OF PUBLIC HEARING ZCA-180 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, California, at 6:OO P.M., on Tuesday, November 6, 1984, to consider an application for an amendment to Chapter 21.06 (Q Overlay Zone) which would permit the regulation of land uses on parcels with the Q Overlay designation within the City of Carlsbad. APPLICANT: City of Carlsbad PUBLISH : October 20, 1984 CARLSBAD CITY COUNCIL i NOTICE OF PUBLIC “G 7 -I NOTICE IS HEREBY GIVEN that the Planning Cdssion of the City of Carlsbad will hold a public hearing at the City Council Chars, 1200 Elm Avenue, Carlsbad, California, at 6:OO p.m. on Wednesday, Oct 10, 1984, to consider approval of an amendment to Chapter 21.06 (Q Overlay Zone) which muld permit the regulation of land uses on parcels with the Q Overlay desiqnation within the City of Carlsbad. Those persons wishing to speak on this proposal are mrdially invited to attend the public hearing. Office at 438-5591. If you have any questions please call the Land Use Planning CASE FILE: ZCA-180 APPLICANT: City of Carlsbad PUBLISH : Spten-ber 29, 1984 CITY OF CARLSBAD PLANNING OOMMISSION