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Home My WebLink About2017-11-07; City Council; ; Adopt Ordinance No. CS-326 amending Zoning Ordinance Chapters 21.30.010, 21.32.010, 21.34.020 and 21.42.140 relating to Auto Repair and Auto Storage Uses~ CITY COUNC IL '1;!;I Staff Report Meeting Date: To: From: Staff Contact: Nov. 7, 2017 Mayor and City Council Kevin Crawford, City Manager Sheila Cobian, City Clerk Services Manager sheila .cobian@carlsbadca.gov or 760-434-2917 CA Review & ,!-"'=--~- Subject: Adopt Ordinance No. CS-326 amending Zoning Ordinance Chapters 21.30.010, 21.32.010, 21.34.020 and 21.42.140 relating to Auto Repair and Auto Storage Uses Case Name: Auto Repair and Auto Storage Amendment Case No.: ZCA 2017-0004/LCPA 2017-0004 (PUB17Y-0020) Recommended Action Adopt Ordinance No. CS-326 approving an amendment to the Zoning Ordinance and Local Coastal Program to: 1) allow for auto repair within the P-M Planned Industrial Zone subject to approval of a Minor Conditional Use Permit; 2) change the permit required for auto storage in the C-M Heavy Commercial -Limited Industrial Zone, M Industrial Zone and P-M Planned Industrial Zone from a Conditional Use Permit to a Minor Conditional Use Permit; and, 3) establish screening requirements for auto repair and auto storage uses. Executive Summary /Discussion Ordinance No. CS-326 was introduced and first read at the City Council meeting held on Oct. 24, 2017. On a motion by Council Member M. Packard, seconded by Council Member M. Schumacher, the City Council voted 4/0/1 (Mayor Hall absent) to introduce the Ordinance. The second reading allows the City Council to adopt the ordinance which will become effective thirty days after adoption or upon Coastal Commission approval of LCPA 2017-004, whichever occurs later. Fiscal Analysis There is no anticipated fiscal impact from this item. Next Steps The City Clerk will have the ordinance or a summary of the ordinance published in a newspaper of general circulation within fifteen days following adoption of the ordinance. Environmental Evaluation (CEQA) In accordance with CEQA Guidelines sections 15162 and 15168 the proposed zoning ordinance amendment is a subsequent activity of the General Plan, for which a program EIR was prepared (EIR 13-02) and no new environmental document is required. Pursuant to CEQA Section 15168, a notice for the activity has been given, which includes statements that this activity is within the scope of the program approved earlier, and that the program EIR anticipates the activity for the purposes of CEQA. The General Plan Update EIR evaluated effects of the General Plan policies and regulations, and of the full buildout of the city at a programmatic level. November 7, 2017 Item #8 Page 1 of 5 The proposed zoning ordinance amendment involves the issuance of regulations used to implement the General Plan and govern the conduct of that continuing program. The proposed zoning ordinance amendment adds the auto repair use to the list of uses allowed in the P-M Zone, modifies the decision making level for auto storage uses, and establishes screening standards for those uses. The amendment is not a substantial change to the conditions analyzed in the previously certified EIR, it does not result in new circumstances that will require major revisions of the previous EIR, it does not result in new significant effects that were not identified in the previously certified EIR, it does not increase the severity of previously identified significant effects, it does not present new information of substantial importance that was not known at the time the previous EIR was certified, and none of the conditions described in CEQA Guidelines Section 15162 that call for a subsequent EIR have occurred. At the Oct. 24, 2017 City Council meeting, the City Council approved Resolution No. 2017-206 adopting findings that the project is within the scope of EIR 13-02 pursuant to CEQA. Public Notification This item was noticed in accordance with the Ralph M. Brown Act and was available for public viewing and review at least 72 hours prior to the scheduled meeting date. Exhibits 1. Ordinance No. CS-326 November 7, 2017 Item #8 Page 2 of 5 ORDINANCE NO. CS-326 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AMENDMENT TO THE ZONING ORDINANCE AND LOCAL COASTAL PROGRAM TO: 1} ALLOW FOR AUTO REPAIR WITHIN THE P-M PLANNED INDUSTRIAL ZONE SUBJECT TO APPROVAL OF A MINOR CONDITIONAL USE PERMIT; 2} CHANGE THE PERMIT REQUIRED FOR AUTO STORAGE IN THE C-M HEAVY COMMERCIAL-LIMITED INDUSTRIAL ZONE, M INDUSTRIAL ZONE AND P-M PLANNED INDUSTRIAL ZONE FROM A CONDITIONAL USE PERMIT TO A MINOR CONDITIONAL USE PERMIT; AND 3} ESTABLISH SCREENING REQUIREMENTS FOR AUTO REPAIR AND AUTO STORAGE USES. CASE NAME: CASE NO.: AUTO REPAIR AND AUTO STORAGE AMENDMENT ZCA 2017-0004/LCPA 2017-0004 (PUB17Y-0020) Exhibit 1 WHEREAS, pursuant to the provisions of the Municipal Code, the Planning Commission did on September 20, 2017 hold a duly noticed public hearing as prescribed by law to consider the proposed Zoning Ordinance and Local Coastal Program amendments (ZCA 2017-0004/LCPA 2017-0004}; and WHEREAS, the Planning Commission adopted Planning Commission Resolution No. 7267 recommending approval of ZCA 2017-0004 and LCPA 2017-0004; and WHEREAS, the City Council did on October 24, 2017 hold a duly noticed public hearing as prescribed by law to consider the Planning Commission1s recommendations; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, the City Council considered all factors relating to ZCA 2017-0004 and LCPA 2017-0004. NOW, THEREFORE, the City Council of the City of Carlsbad, California ordains as follows: 1. The above recitations are true and correct. 2. The state-mandated six-week review period for the Local Coastal Program Amendment (LCPA 2017-0004} started on September 8, 2017 and ended on October 20, 2017. 3. All comments received regarding the proposed Zoning Ordinance and Local Coastal Program amendments (ZCA 2017-0004/LCPA 2017-0004} have been included for the City Council's review. 4. That the findings of the Planning Commission in Resolution No. 7267 constitute the findings of the City Council in this matter. 5. The row for "auto storage/impound yards11 in Table A of Section 21.30.010 of the Zoning Ordinance is amended to read as follows: November 7, 2017 Item #8 Page 3 of 5 Use p CUP Ace Auto storage/impound yards (i.e., overnight product storage) (subject to Section 1 21.42.140.B.18} 6. The row for "auto storage/impound yards" in Table A of Section 21.32.010 of the Zoning Ordinance is amended to read as follows: Use p CUP Ace Auto storage/impound yards (i.e., overnight product storage) (subject to Section 1 21.42.140.B.18} 7. Table A of Section 21.34.020 of the Zoning Ordinance is amended to add a row for "auto repair" as follows: Use p CUP Ace Auto Repair (subject to Section 21.42.140.B.17} 1 8. The row for "auto storage/impound yards" in Table A of Section 21.34.020 of the Zoning Ordinance is amended to read as follows: Use p CUP Ace Auto storage/impound yards (i.e., overnight product storage) (subject to Section 1 21.42.140.B.18) 9. Section 21.42.140.B of the Zoning Ordinance is amended to add subsections 17 and 18 as follows: 17. Auto repair. Service bays shall be screened from adjacent properties and public view by a wall, fence, hedge or other appropriate plant or landscape material between the service bay and the property line. 18. Auto storage/impound yards. On-site auto storage areas shall be screened to reduce the view of the auto storage area from surrounding properties and streets. Screening may be accomplished by a combination of walls, fencing, landscaping or berms. EFFECTIVE DATE OF THIS ORDINANCE APPLICABLE TO PROPERTIES LOCATED OUTSIDE THE COASTAL ZONE: This ordinance shall be effective thirty days after its adoption; and the City Clerk shall certify the adoption of this ordinance and cause the full text of the ordinance or a summary of the ordinance prepared by the City Attorney to be published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption. November 7, 2017 Item #8 Page 4 of 5 EFFECTIVE DATE OF THIS ORDINANCE APPLICABLE TO PROPERTIES LOCATED IN THE COASTAL ZONE: This ordinance shall be effective thirty days after its adoption or upon Coastal Commission approval of LCPA 2017-004, whichever occurs later; and the City Clerk shall certify the adoption of this ordinance and cause the full text of the ordinance or a summary of the ordinance prepared by the City Attorney to be published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption. INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the 24th day of October, 2017, and thereafter PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 7th day of November 2017, by the following vote, to wit: AYES: NOES: M. Hall, K. Blackburn, M. Schumacher, C. Schumacher, M. Packard. None. ABSENT: None. APPROVED AS TO FORM AND LEGALITY: CELIA A. BREWER, City Attorney M~ ( /~ /) ,1 /)/t ~l.J.1Yfr09-,i:1/k-II /lw----k BARBARA ENGLESON, City Clerk U -- (SEAL) November 7, 2017 Item #8 Page 5 of 5