HomeMy WebLinkAbout1999-03-17; Planning Commission; Resolution 45279 ,, -.
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PLANNING COMMISSION RESOLUTION NO. 4527
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A ZONE CODE AMENDMENT TO ADD
CHAPTER 21.208 TO TITLE 21 OF THE CARLSBAD
MUNICIPAL CODE TO ESTABLISH A COMMERCIAL/
CASE NAME: COMMERCIALNISITOR-SERVING
CASE NO: ZCA 98-01
WHEREAS, the City of Carlsbad has initiated this zone code amen
VISITOR-SERVING OVERLAY ZONE
OVERLAY ZONE
establish a CornmerciaWisitor-Serving Overlay Zone in the City;
WHEREAS, the City Council has directed staff to develop an overlay z1
would make the City Council the final decision makers for new CommerciaWisitor-
uses, or the commercial intensification of existing uses, within the overlay zone;
WHEREAS, the City Council has conducted public workshops and u
staff to research and develop an overlay zone that would assist in ensuring the lon
compatibility and quality of such projects in the overlay zone given the proxil
Legoland, a new, major theme park in the City;
WHEREAS, the proposed amendment is set forth in the draft City (
Ordinance, Exhibit “X” dated, March 17, 1999, and attached hereto COMMER
VISITOR-SERVING OVERLAY ZONE, ZCA 98-01 ; and
WHEREAS, the Planning Commission did on the 17th day of March, 19
a duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all te
and arguments, if any, of all persons desiring to be heard, said Commission considered a1
relating to the Zone Code Amendment; and
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the
Commission as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Cor
OVERLAY ZONE, ZCA 98-01, based on the following findings:
RECOMMENDS APPROVAL of COMMERCIAL/VISITOR-SE
FindinEs:
1. That the proposed Zone Code Amendment ZCA 98-01 is consistent with the
Plan in that the CommerciaWisitor-Serving Overlay Zone was initiated by
Council in order to retain a high quality of life given the likely pressures to i
develop vacant CommerciaWisitor-Serving sites, or to increase the con
intensity of existing uses, due to the opening of Legoland, a new major the]
within the city. The overlay zone will not alter any existing General Plan 1
designations nor impact any General Plan policies or implementing progra~
overlay zone will supplement existing zoning regulations to implement the
Plan by establishing new procedures, development standards and enfo
provisions for applicable CommerciaWisitor-Serving uses within the over
area.
2. Approval of the proposed zone code amendment will replace the interim 1
Ordinances that the City Council has effectuated over the past year and a
allow for the formal establishment of an overlay zone which will be a new
added to the City's Municipal Code.
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PC RES0 NO. 4527 -2-
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
Commission of the City of Carlsbad, held on the 17th day of March, 1999, by the f
vote, to wit:
AYES: Chairperson Heineman, Commissioners Compas, L’Heure
Nielsen, Noble, Savary, and Welshons
NOES:
ABSENT:
ABSTAIN:
COURTNEY E. HEINEMAN, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
1 PC RES0 NO. 4527 -3-
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0 0 EXHIBIT ''I
March 17, l!
ORDINANCE NO.
AN-ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING TITLE 21 OF THE
CARLSBAD MUNICIPAL CODE BY THE ADDITION OF
CHAPTER 21.208 ESTABLISHING THE COMMERCIAL:
VISITOR-SERVING OVERLAY ZONE
CASE NAME: COl"ERCIALMSIT0R-SERVING
OVERLAY ZONE
CASE NO.: ZCA 98-01
The City Council of the City of Carlsbad, California, does ordain as fol:
SECTION 1: That Title 21 of the Carlsbad Municipal Code is amen.
addition of Chapter 21.208 to read as follows:
CHAPTER 21.208
COMMERCIALMSITOR-SERVING OVERLAY ZONE
Sections:
21.208.010 Intent and Purpose.
21.208.020 Definitions.
21.208.030 Boundaries; Exceptions; Applicability.
21.208.040 Permitted Uses.
21.208.050 Uses Permitted by Conditional Use Permit.
21.208.060 Prohibited Uses .
21.208.070 Approval Process.
21.208.080 Pre-Filing Submittal and Meeting; Application fc
21.208.090 Project Site Notification.
21.208.100 Development Standards.
21.208.110 Required Findings.
21.208.120 Performance Monitoring Condition.
21.208.130 Existing Uses, Building Permits and Business Licl
21.208.140 Administrative Enforcement Powers.
21.208.150 Administrative Notice, Hearing, and Appeal Proc
21.208.160 Judicial Enforcement.
21.208.170 Remedies Not Exclusive.
21.208.010 lntent and Purpose.
The intent and purpose of the CommerciaWisitor-Serving overlay zone is to supple
underlying zoning by providing additional regulations for CommerciaWisitor-Semi
The overlay zone is intended and designed to:
CommerciaWisitor-Serving Uses within the overlay zone to prevent the over-prolift
certain uses as well as to ensure high quality appearance and operation;
A. Control the location, operation and appearance of newly
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B. Maximize public disclosure about new CommerciaWisitor-Se
proposals located within the overlay zone;
C. Deign compatibility, vehicular circulation, and shuttle bus
transportation options into CommerciaWisitor-Serving Uses within the overlay zone;
D. Provide for the review of building materials and colors and establish a
criteria that discourages the use of corporate, standardized building forms, materials ar
E. Formalize the use of conditional use permits for all CommercialNisi,
Uses witlun the overlay zone and emphasize the aspects of performance moni
enforcement;
F. Establish the City Council as the final decision-maker for Commerc
Serving Uses in the overlay zone;
G. Require conditional uses as listed in the Planned Industrial (P-M) Cha
Title for underlying P-M zoned properties within the overlay zone to be subject to the
use permit requirements and provisions of this Chapter, except that such uses shall t
to serve the adjacent planned industrial zoning district and not the general public; and,
H. Establish procedures in the overlay zone to provide for effec
enforcement.
21.208.020 Definitions.
Terms used in this Chapter and not defined below shall be defined per Chapter 21
Title. The following terms, as used in this Chapter, shall have the meaning establisl
Section:
A. “Applicant” means the property owner(s) of the site.
B. “Applicant’s agent” means the authorized representative of the prop€
C. “CommerciaWisitor-Serving Use” means uses involving the provisio1
responsible for processing the overlay zone conditional use permit.
or services designed primarily for tourists or visitors to the city, such as any of the
either individually or in combination: commercial development with retail sales; lod
sales of souvenirs, gifts or toys; activities including food and/or beverage ser
CommerciaWisitor-Serving Uses include, but are not limited to: gas stationdmini-ma
motels, restaurants, delis, retail stores, gift shops, museums and visitor centers.
D. “Enforcement Agency” means the city’s Community Development Depz
E. “Enforcement Official” means the city’s Community Development Direc
F. “Time-share Project” means a project that meets the time-share
contained in Section 21.04.357 of this Title. Time share projects are distinguishec
“lock-off’ units and standard units for the purpose of establishing different parking req
as outlined in Section 21.208.100(a)(2). “Lock-off’ units are defined as a timeshare 1
allows the occupancy of less than the entire unit during a timeshare period such
occupant may occupy a part of the unit for a timeshare period with the remaining part (
being “locked-off’ and subject to use by others. Standard time share units do not ha\
provisions.
21.208.030 Boundaries: Exceptions: Applicabilitv,
A. This Chapter applies generally to all properties shown with the dl
“CommerciaWisitor-Serving Overlay Zone” on the Zoning Map as concurrently ame:
the adoption of this Chapter (pursuant to Section 21.05.050), as amended from tim!
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excepting therefrom any properties used as automobile dealerships within the C
Carlsbad Specific Plan area, as amended from time to time.
B. Nokithstanding properties being wihn the boundaries of the over:
established above, the requirements for a conditional use permit, and the developmer
of this Chapter shall apply to:
1. CommerciaWisitor-Serving Uses within the overlay zone, and
2. The portions of mixed use projects constituting a Cornmerc
C. Where the provisions of this Chapter conflict with those of the underly
Serving Use
elsewhere in th~s code, this Chapter applies.
21.208.040 Permitted Uses.
No CommerciaWisitor-Serving Uses are permitted uses, in the overlay zone.
permitted uses in the overlay zone are the residential, industrial and office uses au:
permitted uses by the zoning of the underlying zone, which are not subject to the prc
this Chapter. Those uses shall be developed subject to the development star
entitlement processes required by their underlying zoning.
21.208.050 Uses Permitted bv Conditional Use Permit.
CommerciaWisitor-Serving Uses may be permitted within the overlay zone by a]
conditional use permit pursuant to this Chapter. Conditional uses otherwise a:
underlying zoning designations, within the overlay zone, that are not Commercj
Serving Uses, are not subject to this Chapter. Where the underlying zoning
conditionally approved uses (other than CommerciaWisitor-Serving Uses) Chapter
this Chapter, applies.
21.208.060 Prohibited Uses.
Notwithstanding any underlying zoning provision, the following uses are prohibited in '
overlay zone:
A. Stand-alone liquor stores where the retail sale of liquor and/or alcoholic
is the primary form of business;
B. Recreational vehicle (RV) parks, overnight RV parking, campg~
overnight campsite uses;
C. The outdoor storage or display of merchandise, goods or services for sal1
D. Any drive-thru facility or use including drive-thru restaurants; and,
E. Except as authorized pursuant to Chapter 8.17 and/or 8.32 of this code,
shall sell or offer to sell goods, merchandise or services from any temporary displaq
platform, wagon or pushcart upon any public street, privately owned property, public p;
city right of way or sidewalk within the overlay zone. Furthermore, all display, sale or
commercial goods or activities on public right of ways is prohibited.
21.208.070 Approval Process.
Notwithstanding Section 21.54.040, the City Council may approve, conditionally a1
l disapprove a conditional use permit within the overlay zone after the Planning Commi
considered the application and made a recommendation to the Council pursuant to Chq 1 and the special procedures added by this Chapter. The conditional use permit may be
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for a limited period of time, and shall be subject to monitoring and enforcement purs
Chapter. -
21.208.080 Pre-Filing Submittal and Meeting; Application for CUP.
CommerciaWisitor-Serving Use within the overlay zone, the Applicant shall make
project submittal and then attend a pre-filing meeting.
1. Pre-Filing Submittal - The Applicant shall file a written
submittal and shall follow the submittal requirements in accordance with thc
Department’s “Preliminary Review Process” accompanied by the fee, therefore, est;
the City Council by resolution. The submittal shall demonstrate compliance with th
including the proposal of an architectural style as required by Section 21.208.100 F.
2. Pre-Filing Meeting - Within 30 days of the Applicant’s
submittal, the Enforcement Official shall respond with a written City Respol
thoroughly analyzing the proposal, establishing issues for resolution, and setting a tim
place to conduct a pre-filing meeting subject to the following:
a) Required attendance: Applicant or Applicant’s agent, st
and staff engineer.
b) Optional attendance: City Manager or designated rep1
any designated representative from a city department or division with an interest in,
with, the proposed CommerciaWisitor-Serving development.
resolved and establish final application requirements.
A. Prior to filing an application for a conditional use pen;
3. Primary purpose: discuss the city response letter, identify is
€3. Good faith participation in the pre-filing meeting, is necessary for the SI
~ a formal conditional use permit application.
C. Upon completion of the pre-filing submittal and meeting, the Applicant
~ formal application for a CUP pursuant to Chapters 21 -50 and 21.54. The applicatio
~ accompanied by application(s) for any other required discretionary entitlement for t
(including, but not limited to, a coastal development permit). Application for, and app
CUP pursuant to this Chapter shall satisfy all requirements for a site development pl;
project if such is required by the underlying zoning. If not otherwise required, in addi
application requirements for a conditional use permit (including special requiremer
Chapter) formal conditional use permit application exhibits subject to this Chapter shal:
following:
1. All State and Uniform Building Code requirements for disable
spaces and related pathways.
2. All proposed rooftop equipment, mechanical enclosures and any
Building Code requirements relating to rooftop access, ladders or other rooftop
features.
21.208.090 Proiect Site Notification.
In addition to the public notice requirements of Section 21 -54.060, the Applicant sha’
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1 project site notification as follows:
~ A. Upon city determination of completeness of a formal application, the
shall physically post the following notice on the project site. The Applicant shall ma
posted notice in good and legible condition until the application is withdrawn or schc
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public hearing, whichever occurs first. Such notice shall state “APPLICATION IS P
and shall include: - 1. A yellow color background.
2. A brief but complete explanation of the matter to be considered
3. The Applicant’s name/phone number and Applicant’s agent (if
4. Planning Department contact information.
name and phone number.
B. Concurrent with public noticing for a public hearing, the Appl:
physically post a notice on the project site for the entire term of the public notice PI
and inclusive of, the actual public hearing date. Such notice shall state “PENDIN(
HEARING”, and shall include the same information required above, but:
1. An orange color background; and
2. Date, time and place of pending public hearing.
C. Notices required by subsections A and B above shall comply with the fi
1. Sign location shall be in a conspicuous location so that the
visible fi-om all portions of the project site which abut a private or public street.
2. Sign material shall be durable enough to withstand the eleme
shall be secured to a ground mounted pole with a minimum pole height of four (4)
maximum pole height of six (6) feet.
3. Sign dimensions shall be: four (4) feet in height and three
length.
4. Letter height for the “APPLICATION IN PROCESS’’ or bb:
PUBLIC HEARING” headings shall be six (6) inches.
5. Letter height for the project descriptions shall be three (3) inches
6. All other letter heights shall be two (2) inches.
7. All letter colors shall be black.
8. A city seal of the City of Carlsbad shall be displayed in the up
9. Applicant or developer phrases or logos are not allowed.
10. Applicant must obtain project planner approval of color and ter
posting.
11. The Public Hearing Notice shall be removed upon withdrav
application or completion of the public hearing process, whichever occurs first.
12. Any removed or damaged notices shall be immediately replacec
to do so may cause the public hearing to be re-scheduled by the Enforcement Official.
D. The Planning Director may modify any of the criteria listed above in s’
C 1-7 if determined necessary to achieve maximum disclosure of the project and/or tc
visibility of the sign.
21.208.1 00 Development Standards,
Notwithstanding any underlying zoning provisions, the development standards be
supersede other provisions of this Title, and shall be applied to conditional use penr
pursuant to this Chapter.
A. Parking. The number of parking spaces required for CommerciaWisitc
Uses within the overlay zone shall be calculated based on the ratios established below
to land use. Fractional parking spaces are to be rounded up to the nearest wholc
portion of the notice with a minimum diameter of three (3) inches.
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Compact space provisions are provided in Section 21 4.1 10 of this Title. Any USL
below and subject to the provisions of this Chapter, shall be subject to a parking
determined by the-Planning Director based on the requirements of similar uses. Th
Director’s determination may be appealed in accordance with Section 21.54.140 of tf
the determination may be incorporated into the project design and conditional .
application. All State and Uniform Building Code requirements for disabled parking
related pathways shall be shown on the conditional use permit application exhibits.
1. Motels/Hotels/Suites/InnsLodges/Resorts. 1.2 spaces per
parking as required per hs Chapter for additional ancillary uses (restaurant, retail spac
rooms, etc.) as calculated on an individual basis. In addition, these uses shall provid
shuttle bus circulation and passenger drop-offlpick-up facilities to be developed on
case, site-by-site basis. Tour budpassenger bus parking provisions may also be reqc
on the specific project and location.
2. Time Share Projects. Lock-off units require 1.5 spaces per unit
units require 1.2 spaces per unit. In addition, time share projects shall be subject to the
requirements:
A. Adequate shuttle bus circulation and passenger drop-offlpick-up facil
developed on a case-by-case, site-by-site basis;
B. An Interim ParkingKJnit Marketing Plan which will address the ir
efforts to sell time share units and the corresponding need to provide additional interi
while sales are on-going. The Interim Parking/Unit Marketing Plan shall be appro1
City Council as one of the approving project exhibits and shall indicate where interim
to be provided, the amount of spaces involved, adequate screening and landscapin:
I conversion or integration of the interim parking site into the overall time share project.
~ three additional employee parking spaces. Gas stations with work bays shall park the
~ areas at a ratio of four spaces for every work bay. In addition, gas stations shall confc
use separation and design criteria contained in Section 2 1.208.060(H)( 1) of this Chapte~
4. Restaurant. 1 space/100 square feet of gross floor area up to twc
(2,000) square feet. Two thousand square feet or greater: Twenty spaces plus 1 space,
feet in excess of two thousand square feet. Outdoor eating areas require 1 space/lOO s
of gross floor area specifically designed, . designated and approved for outdoc
Recommended design features include adequate shuttle bus circulation and passen
ofupick-up facilities in addition to tour budpassenger bus parking provisions.
5. Coffee shopheverage-serving use/delicatessen. 1 space/300 squz
gross floor area excluding seating areas for eating and/or drinking. Indoor and outdoc
6. Meeting rooms, assembly space, convention facilities. 1 space4
feet of gross floor area.
7. Individual retail, gifts shops, toy stores, convenience stores, genl
1 space/300 square feet of gross floor area plus two additional employee parking spaces.
8. Shopping Center Retail. Minimum 1 space/200 square feet
center. Restaurants in shopping center projects shall provide separate parking as requil
in Section 21.208.100(B)(4).
9. Museums. 1 space/500 square feet of gross floor area plus a mi1
two additional employee parking spaces. In addition, museums shall provide adequa
3. Gas statiodmini-mart. 1 space/300 square feet of gross floor
~ areas shall park at 1 space/lOO square feet of area.
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bus circulation, passenger drop-ompick-up facilities, and tour bus/passenger bL
provisions to be developed on a case-by-case, site-by-site basis.
10. Visitor/information center. 1 space/400 square feet of gross floc
two additional employee parking spaces. In addition, visitor/information centers shb
adequate shuttle bus circulation, passenger drop-offlpick-up facilities, and tour busipas:
parkmg provisions to be developed on a case-by-case, site-by-site basis.
11. Bed and breakfast. Minimum two spaces, one of which shall t
for the manager’s unit, plus one space per guest room.
12. Car rental agencies. 1 space/250 square feet of gross floor area
rental office space and customer waiting area. The rental car fleet parking shall be
through a Fleet Parking Plan which will be reviewed and considered as part of the c
use permit application. In addition, car rental agencies shall provide shuttle bus circu
passenger drop-offlpick-up facilities to be developed on a case-by-case, site-by-site bas]
13. Movie theaters: Proposals involving movie theaters shall submi
and parking studies or other appropriate documents to justify the proposed parking pro
part of the pre-filing submittal process per Section 21.208.080 of this Chapter. At th
the pre-filing submittal process, the Planning Director shall determine what the ;
parking ratios are. The Applicant may appeal the Planning Director’s decision in a
with Section 21.54.140 of thrs Title.
B. Signs. Except as provided herein, the provisions of Chapter 21 -41 app
the overlay zone.
1. Maximum sign area. The maximum sign area allowance shall n
one square foot per lineal foot of building frontage located on the lot. For comer lots
building frontages, sign allowance will be based on .75 square foot per the combiI
footage. Shopping centers or other combined projects subject to the provisions of thi
shall process a sign program as part of the conditional use permit. Such sign programs
allow more than a total of 100 square feet of sign area for projects of eight (8) acres c
150 square feet of sign area for larger sites.
2. Maximum sign height. No sign shall exceed six feet in height, e
freeway service facility signs as defined in Sections 21.41 .O30( 10)(A) and (B)(i-iv) and
by Section 21.41.070(3)(B); and directory signs for shopping centers and/or m
CommerciaWisitor-Serving projects, which shall not exceed 10 feet in height, pursuant
Council approved sign program.
3. Sign colors. Sign colors and materials are part of the discretionz
process. Sign colors shall complement the overall building style without dominating the
design.
4. Landscaping related to signs. Freestanding signs are subjec
landscaping requirements contained in subsection G of this Section.
C. Building Height. The allowed building height for projects subject to this
shall be determined by the development standards of the underlying zoning. Any :
rooftop equipment or other structural features shall be screened from public view.
D. Building Setbacks. CommercialNisitor-Serving buildings located ad-
Palomar Airport Road or Cannon Road east of the 1-5 interstate freeway shall ml
minimum setback of 50 feet. Except in the P-M zone, where the underlying zone setb;
apply, new CommerciaWisitor-Serving buildings shall maintain a minimum pub1
setback of 30 feet. All setback areas shall be exclusive of parking spaces, parking 0
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circulation aisles and trash enclosures. Improvements in this area shall be limited to la
access driveway(s), signage and pedestrian walkways or sidewalks. All developmen
subject to ths Chapter shall provide decorative paving in the primary approach dnve
project for an area of at least 900 square feet (30 x 30 foot area) covering, at a mir;
width of the driveway. The decorative paving shall be depicted on landscape plans a
located adjacent to, but not on, city right-of-way adjacent to the project entrance. Sic
setbacks not subject to the 30 foot public street setback shall be assessed as p
discretionary review of the conditional use permit application.
E. Building Materials/Colors. Building materials and colors are pi
discretionary review process. The use of illuminated awnings is not allowed. Metal i
canopies are not allowed. High quality simulated building materials such as imita
stone, marble or wood may be approved. The primary colors of blue, red, yellow and 1
not be dominate building colors. The use of colors shall be balanced and in the con
proposed architectural style.
F. Architectural Style. Two primary architectural styles are allowed in tl
zone as described in general terms below. One of the two styles shall be proposed in c
use permit applications, except as provided below in subsection 3.
1. Village Architectural Style. This style involves the use of
composition shingle roof materials, steep pitched (7:12 and greater) gabled roo.
windows, use of dormers in gabled roofs, no mansard roof forms, applied sud
ornamentation and irregular building forms with a variety of roof peaks.
2. Contemporary Southwest Architectural Style. This style involv
of SpanisWmission style clay roof tiles on a rectangular building form, white stucco wa
and arched doorways with wooden beams, low pitched roofs, multi-pane windows and
glazeddecorative tiles and tile paving.
3. Alternative Architectural Styles. An alternative architectural sty
proposed on a conditional use permit application if it is specifically supportec
Enforcement Official at the conclusion of the pre-filing procedures outlined ir
21.208.080. This alternative archtectural style may accommodate a reasonable ver
user's corporate architectural style, provided the corporate architectural element:
dominate the building design so as to create incompatibility in the area; or detract
overlay zone's objective of ensuring high quality appearances for CommercialNisito
Uses. Final approval of the proposed alternative architectural style is by the City Counc
of the conditional use permit review.
G. Landscaping. Landscaping shall be designed to complement the
proposed architectural style. Landscape plans shall be consistent with the City's L
Manual. The following landscaping regulations shall apply to development proposals s
this Chapter:
1. Freestanding sign landscape theme. Every freestanding sign shal , adjacent landscaping which promotes a common theme throughout the overlay zo:
freestanding sign and related landscaping theme shall be shown on project landscape ex1
' will consist of, at a minimum:
, a). Ten (10) bird of paradise plants (Strelitzza reginae)
minimum container size of five gallons. These plants shall be located in clusters around f
b) One Phoenix roebelenii palm tree with a minimum conta
of fifteen (15) gallons to be located to one side of the freestanding sign amidst thc
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paradise plant clusters. The roebelenii palm may be replaced with another palm tree
supported by staff to be consistent with the overlay zone’s common landscaped sign
approved with the conditional use permit by the City Council.
similar substitute subject to discretionary review, bark and/or turf in a visual11
combination.
d) The mum area for the provision of the fieestanding
corresponding landscaped theme shall be 80 square feet, designed to encompass the
perimeter of the sign’s base or foundation area.
e). The above requirements are not necessary for qualifiel
service signage, however, the structural base of allowed fieeway service signs
adequately located and screened from view by landscaping as part of the conditional I
application.
2. Required Trees. Parking lot trees shall be provided at a ratio o
for every four parking spaces provided. These trees shall be located outside of require
areas. All trees shall be a minimum container size of fifteen (15) gallons, however, at
of required parking lot trees shall be a minimum of 24 inch box sizes. All parking 1(
dimensions, configurations and landscaping, shall conform to Appendix E of tl
Landscape Manual. Setback landscaping trees shall be provided in dense clusters at a
tree for every 200 square feet of setback area. All trees shall be a minimum contain
fifteen (15) gallons, however, at least 50% of required setback area trees shall be a mi:
24 inch box sizes. The use of existing on-site trees may be considered to replace requirc
a 1 : 1 ratio, on a case-by-case, site-by-site basis.
3. Screening of Areas. The following areas shall be specifically de
be screened from public points of view:
a) Parkmg Areas. All surface parking areas shall be screen
use of forty-two (42) inch high screen walls to be complemented with landscaping in frt
walls within setback areas. The screening wall height may reduce to thirty inches to con
engineering sight distance requirements as necessary. Vines and attaching plant form:
used to further obscure the screening walls. The use of existing trees and/or grade sepa
screen parking areas may be considered on a case-by-case, site-by-site basis.
loading activities, receiving deliveries and trash enclosure locations shall be located on3
to be screened from public points of view. Landscaping may assist this objectiv
secondary to locating these areas onsite and/or using solid masonry walls, to minimize vi
thriving manner. Failure to maintain such areas in conformance with approved landscs
and concepts, may result in administrative fines and/or revocation or other discretiona
pursuant to the Performance Monitoring Condition (see Section 21 208.120) (
enforcement procedures in this Chapter.
standards.
G) Appropriate ground cover such as agapanthus shrubs
b) Loading/Delivery/Trash Enclosure Areas. All areas
4. Maintenance. All landscaped areas shall be maintained in a
H. Use Separation Standards. The uses below are subject to use separations
1. Gas stations, gas stations/mini-marts.
a) Location. New gas stations or gas stationdmini-marts SI
be permitted at intersections where at least one of the streets is classified as a prime, I
secondary arterial on the General Plan. A maximum of two stations may be allowed at e,
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intersection. Where a T-intersection is involved, a maximum of one station may t
The proposed site may - not adjoin any residential property.
b) Lot dimensions. The minimum lot size, or the min:
exclusively designated for this use in a mixed use project, shall be fifteen thousand s
Street frontage along the non-arterial roadway shall be a minimum of one hundred
feet.
c) Design Criteria. On comer lots, no access shall be mad
prime or major arterial roadway; no dnveway access shall be allowed within 130 feet
or major arterial roadway intersection; and, fuel delivery circulation design
accommodated onsite on a case-by-case, site-by-site basis.
2. MotelslHotels. Motel and hotel uses shall maintain a minimum
of six hundred (600) feet. Use separation standards shall be measured from proposec
edge to existing, or approved, building edge. Separation distances shall be measured a
closest proximity to reveal the minimum separation involved. Individual motel
buildings that comprise one motel or hotel use are not subject to the 600 foot separatior
For project sites of 6 acres and larger: Up to two motels or hotels may be located onsitc
that a minimum setback of two hundred (200) feet shall be provided from any publj
adjacent to the project site; and the two motel or hotel uses/structures have a minimum
of one hundred fifty (150) feet. All motelhotel structures, regardless of project sit
shall maintain a minimum separation of six hundred (600) feet from any residentia
property line.
21.208.1 10 Required Findines.
In addition to the findings required for the granting of a conditional use permit PI
Section 21.42.020, conditional use permits issued pursuant to this Chapter are subj
following findings prior to approval:
A. That the proposed project is adequately designed to accommodate
percentage of visitor, tourist and shuttle budalternative transportation users anticipated
proposed use and site location within the overlay zone;
B. That the building forms, building colors and building materials co
provide an architectural style of- development that will add to the objective of hig
architecture and building design within the overlay zone;
C. That the project complies with all development and design criteria of th
zone; and,
D. For gas stations, motel, hotel or restaurant uses on a Planned Industri
property: That the proposed use is commercial in nature and therefore subject to thc
zone, however, the proposed use is primarily designed and intended for use by tho
business in the adjacent P-M zoned industrial office park and not the general public or to
21.208.120 Performance Monitoring Condition.
Projects shall be continuously monitored, including at least one fonnal annual review,
long term compliance with all conditions of approval, compatibility with adjacent p:
enforce sign regulations and provide a basis for recommending approval of subsequer
extension requests. To achieve this, the following condition shall be placed on perm?
the overlay zone:
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“If, at any time, the City Council, Planning Commission or Planning Director
that there has been, or may be, a violation of the findings or conditions of this cond
permit, or of the Municipal Code regulations, a public hearing may be held befor
Council to review th~s permit. At said hearing, the City Council may add additional L
recommend additional enforcement actions, or revoke the permit entirely, as necessq
compliance with the mbicipal code and the intent and purposes of the Commerci
Serving Overlay Zone, and to provide for the health, safety and general welfare of the C
21.208.130 Existing Uses. Building. Permits and Business Licenses.
For existing uses that propose a change in use, apply for a building permit or apply
business license, the provisions of this Chapter shall not apply provided that all of the
criteria is met: the proposal is consistent with the uses allowed by the site developme
specific plan, if any, applicable to the subject site; the proposal does not invoke a highc
standard pursuant to Section 21.208.100(A) of this Chapter; and, the proposal does nc
an increase of greater than 200 square feet to existing square footage. For such pro€
additional 200 square feet of area shall be parked subject to the parking standards of thi;
If a higher parking standard, or more than 200 square feet of increased square 1
involved, the proposal shall be subject to all of the procedures, standards and condi
permit requirements of this Chapter with the exception of existing signs which may br
but not increased in size or height, if such existing signs are entitled by a sign perm
program.
21.208.140 Administrative Enforcement Powers.
A. The Enforcement Agency and Enforcement Official can exercise any enj
powers as provided in Chapter 1.08 of ths Code. In addition to the general enforceme]
provided in Chapter 1.08 of this Code, the Enforcement Agency and Enforcement Off
the authority to utilize the following administrative remedies as may be necessary to en.
Chapter:
B. Civil Penalties. Any person who violates any of the provisions of this C
any condition of a conditional use permit issued pursuant to this Chapter shall be Iiable i
penalty not to exceed $1,000.00 dollars for each day such a violation exists. The violato
charged for the full costs of any investigation, inspection, or monitoring survey which 1
detection of any such violation, for abatement costs, and for the reasonable costs of prep,
bringing legal action under this subsection. In addition to any other applicable procec
Enforcement Agency may utilize the lien procedures listed in Sections 21 .208.150( C)(5,
(2) and Section 2 1.208.160(B)(3) to enforce the violator’s liability.
21.208.150 Administrative Notice. Hearing. and Armeal Procedures,
A. Unless otherwise provided herein, any notice required to be given
Enforcement Official under this Chapter shall be in writing and served in person or by rl
or certified mail. If served by mail, the notice shall be sent to the last address lcnov
Enforcement Official. Where the address is unknown, service may be made upon the I
record of the property involved. Such notice shall be deemed to have been given at the
deposit, postage prepaid, in a facility regularly serviced by the United States Postal
whether or not the registered or certified mail is accepted.
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B. When the Enforcement Official determines that a violation of on
provisions of this Chapter or any condition of a conditional use permit issued puis1
Chapter exists or has occurred, any violator(s) or property owner(s) of record shall bc
the Enforcement Official with a written notice and order. The notice and order sha
Municipal Code Section or the condition violated, describe how violated, the location :
of the violation(s), and describe the corrective action required. The notice and order si
immediate corrective action by the violator(s) or property owner(s); where the via
continuing violation which does not create an immediate danger to health or safety,
shall provide a reasonable time, not less than three (3) working days, to correct or
remedy the violation, prior to the imposition of administrative fines. The notice and
also explain the consequences of failure to comply, including that civil penalties sha
immediately accrue if compliance is not immediately achieved (or, if applicable w
days fiom the date the notice and order is issued). The notice and order shall identify
rights. The Enforcement Official may propose any enforcement action reasonably ne
abate the violation.
C. If cure or abatement of the violation(s) is not immediately achieL
applicable within three days) fiom the date the notice and order is issued, the Er
Official shall request the City Manager to appoint a Hearing Officer and fix a date,
place for hearing. The Enforcement Official shall give written notice thereof to the vi[
owner(s) of record, at least ten days prior to the date for hearing.
1. The Hearing Officer shall consider any written or oral evidence
to determine whether the violation(s) exists, andor civil penalties should be imposed,
with rules and procedures for the conduct of hearings and rendering of decisions estab
promulgated by the city manager.
2. In determining whether action should be taken or the amount
penalty to be imposed, the Hearing Officer may consider any of the following factors:
a) Duration of the violation(s).
b) frequency or recurrence.
c) Seriousness.
d) History.
19 I/ e) Violator's conduct after notice and order.
f) Good faith effort to comply.
20 II g) Economic impact of the penalty on the violator(s).
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h) Impact of the violation on the community.
i) Any other factor which justice may require.
3. If the violator(s) or owner(s) of record fail to attend the hearin]
constitute a waiver of the right to a hearing and adjudication of all or any portion oft
and order.
4. The Hearing Officer shall render a written decision within ten d;
close of the hearing, including findings of fact and conclusions of law, identifying the ti
involved and the factors considered in assessing civil penalties, if any. The decisior.
effective immediately unless otherwise stated in the decision. The Hearing Officer sh
the decision to be served on the Enforcement Official and all participating violators or c
record.
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5. If the persons assessed civil penalties fail to pay them withir
specified in the Hearing Officer's decision, the unpaid amount constitutes either i
obligation of the person assessed or a lien upon the real property on which the violation
in the discretion of the Enforcement Official. If the violation(s) is not corrected as di
civil penalty continues to accrue on a daily basis. Civil penalties may not exceed $1 ,OOC
aggregate. when the violation is subsequently corrected, the Enforcement Official si
the violator(s) and/or owner(s) of record of the outstanding civil penalties and p
opportunity for hearing if the amount(s) is disputed within ten days fiom such notice.
D. Judicial Appeal of Hearing Officer Determination.
1. Notwithstanding the provisions of Section 1094.5 or 1094.6 of th
Civil Procedure, within 20 days after service of the final administrative order or decisl
Hearing Officer is made in accordance with this Section regarding the imposition, enj
or collection of the administrative fines or penalties, a person contesting that final admi
order or decision may seek review by filing an appeal to be heard by the superior COI
the same shall be heard de novo, except that the contents of the local agency's file ir
shall be received in evidence. A court proceeding under this Section is a limited
authorized by Government Code Section 53069.4. A copy of the notice of appeal shall 1
in person or by first-class mail upon the local agency by the contestant.
2. The Enforcement Official shall take all appropriate legal steps 1
these obligations, including referral to the city attorney for commencement of a civil
recover said funds. If collected as a lien, the Enforcement Official shall cause a notice
be filed with the county recorder, inform the county auditor and county recorder of the a
the obligation, a description of the real property upon which the lien is to be recovere6
name of the agency to whch the obligation is to be paid. Upon payment in full, the Enfi
Official shall file a release of lien with the county recorder. .
21.208.160 Judicial Enforcement.
A. Criminal Penalties. Any person who violates any provision of this Chaptl
condition of a conditional use permit issued pursuant to this Chapter is guilty of a misder
B. InjunctiodAbatement of Public Nuisance; Violations deemed a public nu1
1. In addition .to the other civil and criminal penalties provided he1
condition caused or permitted to exist in violation of any of the provisions of this Chaptt
condition of a conditional use permit issued pursuant to this Chapter, is a threat to th
health, safety, and welfare and is declared and deemed a public nuisance, which
summarily abated and/or restored as directed by the Enforcement Official in accordance
procedures identified in Chapter 6.1 6.
2. A civil action to abate, enjoin or otherwise compel the cessation
nuisance may also be taken by the city, if necessary. The Enforcement Official may ai:
the city to seek a petition to the Superior Court for the issuance of a preliminary or pe
injunction, or both, or an action to abate a public nuisance, as may be appropriate.
3. The full cost of such abatement and restoration shall be borne
owner of the property and the cost thereof shall be a lien upon and against the pro
accordance with the procedures set forth in Section 21.208.140.
C. Other Civil Action. Whenever a notice and order or Hearing Officer's dec
not complied with, the City Attorney may, at the request of the Enforcement Official, init
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appropriate civil action in a court of competent jurisdiction to enforce such notice an(
decision, including the recovery of any unpaid civil penalties provided herein.
21.208.170 Remedies Not Exclusive
Remedies set forth in this Chapter are not exclusive but are cumulative to all othe
criminal penalties provided by law, including, but not limited to, amortization, abatc
summary removal pursuant to Chapter 21.41 and or California Business and Profes:
Sections 5412 -5412.3 and 5492 through 5497. The seeking of such other remedie
preclude the simultaneous commencement of proceedings pursuant to this Chapter.
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EFFECTIVE DATE: This ordinance shall be effective thirty da]
adoption, and the City Clerk shall certify to the adoption of this ordinance and cau
published at least once in a publication of general circulation in the City of Carls'
fifteen days after its adoption. (Not withstanding the preceding, this ordinance SI
eflective within the City's Coastal Zone until approved by the California Coastal Corn]
INTRODUCED AND FIRST READ at a regular meeting of the C~I
Council on the day of 1999, and thereafter.
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill.
Ill
Ill
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,
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PASSED AND ADOPTED at a regular meeting of the City Council of
Carlsbad on the day of 19 99, by the foilowing vote, to wit: -
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED AS TO FORM AND LEGALITY
RONALD R. BALL, City Attorney
CLAUDE A. LEWIS, Mayor
ATTEST:
ALETHA L. RAUTENKRANZ, City C1
(SE&)
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