HomeMy WebLinkAbout2005-06-15; Planning Commission; Resolution 59171
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PLANNING COMMISSION RESOLUTION NO. 5917
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A ZONE CODE AMENDMENT TO ADD NEW
CHAPTER 21.31 (C-L LOCAL SHOPPING CENTER ZONE)
AND AMEND CHAPTERS 21.06 (Q-QUALIFIED
DEVELOPMENT OVERLAY ZONE), 21.83 (CHILD CARE),
21.05 (ZONE ESTABLISHMENT), AND THE SUMMARY OF
TITLE 21 OF THE CARLSBAD MUNICIPAL CODE.
CASENAME: LOCAL SHOPPING CENTER ZONE AND
REZONINGS
CASE NO: ZCA 00-07
WHEREAS, the Planning Director has prepared a proposed Zone Code
Amendment pursuant to Section 21.52.020 of the Carlsbad Municipal Code to: add new
Chapter 21.31 (C-L Local Shopping Center Zone) and amend Chapters 21.06 (Qualified
Development Overlay Zone), 21.83 (Child Care), 21.05 (Zone Establishment), and the
summary of Title 21 of the Carlsbad Municipal Code; and
WHEREAS, the proposed amendment is set forth in the draft City Council
Ordinance, Exhibit “X,” dated June 15, 2005, and attached hereto LOCAL SHOPPING
CENTER ORDINANCE - ZCA 00-07; and
WHEREAS, the Planning Commission did on the 15th day of June, 2005, 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)
B)
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of LOCAL SHOPPING CENTER
ORDINANCE (ZCA 00-07), based on the following findings:
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Findings:
1.
2.
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That the proposed Zone Code Amendment LOCAL SHOPPING CENTER
ORDINANCE - ZCA 00-07 is consistent with the General Plan in that, General Plan
Commercial Objective C-15, calls for creating a new zone to implement the General
Plan Local Shopping Center land use class, with the City Council as the decision
maker for a new permit, and the “C-L” zone has been created specifically to fulfill
that call by establishing allowed land uses and development standards that assure
that local shopping centers meet the objectives and policies set out in the Land Use
Element for local shopping centers and by requiring a Site Development Plan
permit for all new and expanded local shopping centers, with the City Council as the
permit’s decision-maker.”
That the proposed ZCA reflects sound principles of good planning in that the provision
of the new “C-L” zone will assure that any site zoned “C-L” will be developed so as
to provide a range of goods and services needed to meet the daily necessities and
convenience of the residents of the neighborhoods in which the site is located, assure
that local shopping centers will be compatible with surrounding development and
the local neighborhoods in which they are located, through creating a permit
process by which proposals for new, expanded or redeveloped local shopping
centers will be reviewed to assure that they comply with the intents and purposes of
the general plan, include superior and creative design and architecture, and
conform with the city’s objectives for the community’s environment, health, safety,
and welfare.
PC RES0 NO. 5917 -2-
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, held on the 15th day of June, 2005, by the following vote,
to wit:
AYES: Chairperson Segall, Commissioners Baker, Cardosa, Dominguez,
Heineman, Montgomery, and Whitton
NOES:
ABSENT:
ABSTAIN:
Q4r- JEFFRE N. SEGALL, airperson
CARLSBAD PLANNING COMMISSION
ATTEST:
n
DON NEU
Assistant Planning Director
PC RES0 NO. 59 17 -3-
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Exhibit “X
June 15,2005
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LOCAL SHOPPING CENTER ZONE) AND, AMENDING
CHAPTERS 21.06 (Q QUALIFIED DEVELOPMENT OVERLAY
ZONE), 21.83 (CHILD CARE), 21.05 (ZONE ESTABLISHMENT),
AND THE SUMMARY OF TITLE 21 OF THE CARLSBAD
MUNICIPAL CODE.
CASE NAME: LOCAL SHOPPING CENTER ZONE AND
CARLSBAD, CALIFORNIA, ADDING NEW CHAPTER 21.31 (C-L
REZONINGS
CASE NO.: ZCA 00-07
The City Council of the City of Carlsbad, California, does ordain as
follows:
SECTION 1: That Title 21, Chapter 21.06 (Q Qualified Development
Overlay Zone) of the Carlsbad Municipal Code is amended by the amendments to
Sections 21.06.010, 21.06.020, and 21.06.090 each to read as follows:
“21.06.01 0 Intent and purpose.
The intent and purpose of the Q qualified development overlay zone is to
supplement the underlying zoning by providing additional regulations for development
within designated areas to:
Require that property development criteria are used to insure
compliance with the general plan and any applicable specific plans;
Provide that development will be compatible with surrounding
developments, both existing and proposed;
Insure that development occurs with due regard to environmental
factors;
Allow a property to be granted a particular zone where some or all
of the permitted uses would be appropriate to the area only in certain cases with the
addition of specific conditions;
Provide for public improvements necessitated by the development;
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.
(7) Provide a process for the review and approval of Site
Development Plans as called for by this Chapter or other provisions of this Code.”
(1)
(2)
(3)
(4)
(5)
(6)
“21.06.020 Permitted uses and findings.
(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.
Notwithstanding subsection (a) no use shall be permitted unless the
planning commission, or the City Council on appeal, finds: (b)
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(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;
That the site for the intended use is adequate in size and shape to
accommodate the use;
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;
That the street system serving the proposed use is adequate to
properly handle all traffic generated by the proposed use and;
For local shopping centers located in the C-L Local Shopping
Center Zone, such additional findings as are set out in Chapter 21.31, Section
21.31.040.D for new or major amendments to site development plans approved by the
city council.”
(2)
(3)
(4)
(5)
“21.06.090 Development standards.
Property in the Q zone shall be subject to the development standards required in
the underlying zone and any applicable specific plans, except for affordable housing
projects as expressly modified by the site development plan. The site development plan
for affordable housing projects may allow less restrictive development standards than
specified in the underlying zone or elsewhere provided that the project is in conformity
with the general plan and adopted policies and goals of the city, it would have no
detrimental effect on public health, safety and welfare, and, in the coastal zone, any
project processed Subject to this chapter shall be consistent with all certified local
coastal program provisions, with the exception of density. In addition, the planning
commission or the City Council in approving a site development plan may impose special
conditions or requirements which are more restrictive than the development standards in
the underlying zone or elsewhere that include provisions for, but are not limited to the
following:
(1) Special setbacks, yards, active or passive open space, required as part of the entitlement process;
(2) Special height and bulk of building regulations; (3) Fences and walls;
(4) Regulation of signs;
(5) Additional landscaping;
(6) Special grading restrictions;
(7)
(8) needed to service the proposed development;
(9) completed;
(IO)
(1 1)
(12)
Requiring street dedication and improvements (or posting of bonds);
Requiring public improvements either on or off the subject site that are
Time period within which the project or any phases of the project shall be
Regulation of point of ingress and egress;
Architecture, color, texture, materials and adornments
Such other conditions as deemed necessary to insure conformity with the
general plan and other adopted policies, goals or objectives of the city.”
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SECTION 2: That Title 21, Chapter 21.06 (Q Qualified Development Overlay
zone) of the Carlsbad Municipal Code is amended by the addition of Section 21.06.170, to read
as follows:
“21.06.170 Amendments to site development plans.
Amendments to a site development plan may be initiated by the property owner
or an authorized agent. An application for amendment of an existing site development
plan shall be processed, heard, and determined in the same manner as an application
for a new site development plan, except as provided in Section 21.31.050 for a site
development plan for a local shopping center. When necessary, the amendment shall be
accompanied by an amendment to any related permit or map that is affected by the
amendment.”
SECTION 3. That Title 21 of the Carlsbad Municipal Code is amended by the
addition of new Chapter 21.31 , C-L Local Shopping Center Zone, to read as follows:
“Chapter 21.31
C-L Local Shopping Center Zone
Section:
21.31.010 Intent and purpose
21.31.020 Definition
21.31.030 Permitted uses
21.31 040 Approval process for new local shopping centers
21.31.050 Redeveloping, remodeling, and expanding existing shopping centers
21.31.060 Special requirements to be addressed in a SDP
21.31.070 Limitations on permitted uses in C-L zone
21.31.080 Development standards
21.31.090 Severability.
21.31.010 Intent and purpose
Implement the Local Shopping Center (L) land use designation of the
Carlsbad General Plan;
Assure that any site zoned C-L will be developed so as to provide a range
of goods and services to meet the daily necessities and convenience of the residents of
the neighborhoods in which the site is located.
Assure that local shopping centers are developed consistent with adopted
specific plans, master plans, and local facilities management plans;
Assure that local shopping centers will be compatible with surrounding
development and the local neighborhoods in which they are located;
Provide opportunities for local shopping centers to supplement their
principal function of providing local neighborhoods with daily goods and services through
the inclusion of community-serving uses, residential uses, general offices, medical
offices, public and semi-public facilities, and entertainment uses when such other uses
The intent and purpose of the C-L Local Shopping Center zone is to:
A.
B.
C.
D.
E.
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are found by the city to be desirable and can be integrated into the form and function of the local shopping center; and
redeveloped local shopping centers will be reviewed to assure that shopping centers:
comply with the intents and purposes stated herein; include superior and creative design and architecture; and conform with the city’s objectives for the community’s environment, health, safety, and welfare.
F. Create a permit process through which proposals for new, expanded or
21 -31.020 “Local shopping center’’ means a group of architecturally unified commercial establishments providing primarily neighborhood-serving goods and services, numbering at least three such establishments, built upon a site that is planned, developed, owned and managed as an operating unit related in its location, size, and type of shops to the trade area that it serves and with on-site parking in definite relationship to the types and total size of the stores. A local shopping center provides daily necessities and convenience goods and
services needed by the neighborhood in which it is located. Therefore, it normally will have as major anchor tenants a grocery store and/or drug store or such combination of establishments that function to provide equivalent goods and services, plus other, secondary tenants. Other uses and tenants may supplement, but not replace the local-serving nature of the center.
Definition: local shopping center.
21.31.030 Permitted uses.
Notwithstanding any other provision of this Title, only the uses listed in Table A, below, shall be permitted, subject to the requirements and development standards specified by this chapter.
The uses permitted by conditional use permit, as indicated in Table A shall be subject to the provisions of Chapters 21.42 (Conditional Uses) and 21.50 (Variances - Conditional Use Permits).
A use similar to those listed in Table A may be permitted if the Planning Director determines such similar use falls within the intent and purposes of this zone, and is substantially similar to the specified permitted uses.
A use category may be general in nature, where more than one particular use fits into the general category (ex: in some commercial zones “offices” is a general use category that applies to various office uses). However, if a particular use is permitted by conditional use permit in another zone, the use shall not be permitted in this C-L zone (even under a general use category) unless it is specifically listed in Table A of this Chapter as permitted or conditionally permitted.
TABLE A
A.
B.
C.
D.
USES PERMITTED IN THE C-L Zone
In the table, below, subject to all applicable permitting and development requirements of the Municipal Code:
“P” indicates the use is permitted.
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In the table, below, subject to all applicable permitting and development requirements of the Municipal Code:
“P” indicates the use is permitted.
“CUP” indicates that the use is permitted with approval of a conditional use permit.
“ACC” indicates the use is permitted as an accessory use.
USE P CUP ACC , , Biological habitat preserve (Subject to Section 21.42.010(15)(A)) (defined: Sec 21.04.048) , Bowling alley (Subject to Section 21.42.010(5)(T)) (defined: Sec. 21.04.057) , Car wash (Subject to Section 21.26.015(5))
Child day care centers (Subject to Chapter 21.83 of this Title) (defined: Sec. 21.04.086)
Clubs - non-profit; business, civic, professional, etc. (defined: Sec. 2 1.04.090)
X
X
X
X
X
TABLE A
USES PERMITTED IN THE C-L Zone
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Notes:
1.
2.
3.
Accessory buildings and structures and ancillary uses shall be developed and operated as an integral part of a permitted use within or on the same structure or parcel of land.
Offices: The total floor area of office uses shall not exceed 40% of the gross leasable floor area within any local shopping center.
hblic/quasi-public accessory utility buildingdfacilities include, but are not limited to, water wells, water storage, pump
stations, booster stations, transmissioddistribution electrical substations, operating centers, gas meteringhegulating stations, or neighboring telephone exchanges, with the necessary accessory equipment incidental thereto. Retail sales may also include those types of goods and services that are typically offered by ‘‘community’’ retail
establishments, when “community” retail establishments are included in the local shopping center, subject to the
definition of a local shopping center, Section 21.3 1.020, and the function of the Local Shopping Center land use class as described in the Carlsbad General Plan.
Educational facilitiedschools. No individual school shall occupy more than 10,000 sq. ft. of gross leasable floor area
within any local shopping center.
4.
5.
21.31.040 Approval process for new local shopping centers
A. A site development plan shall be required for the development of a new local
shopping center. The site development plan shall be processed subject to Chapter 21.06 (Q
Qualified Development Overlay Zone) of this title, as modified by this Section.
Role of Planning Commission. The Planning Commission is authorized to review
at a noticed, public hearing, subject to Chapter 21.54, a proposed site development plan and
any other permits or entitlements being processed concurrently therewith, and to make a
recommendation to the City Council to approve, conditionally approve, or deny the site
development plan or plan amendment, and any concurrently-processed permits or
entitlements. The recommendations of the Planning Commission shall be forwarded to the City
Council forthwith.
B.
C. Decision maker.
The City Council shall be the decision-maker for a site development plan required by
this chapter. The City Council shall also be the decision-maker for all other permits and
entitlements associated with a local shopping center, when such permits and entitlements are
processed concurrently with the site development plan. Once a site development plan has
been approved by the City Council, however, any subsequent permits or entitlements shall be
processed and approved as elsewhere established by this Title. The City Council, following a
public hearing, noticed subject to Chapter 21 54, shall approve, conditionally approve, or deny
the requested approvals. The decision of the City Council shall be final.
D. Mandatory findings of fact.
In addition to the findings set out in Section 21.06.020(b) (Q Qualified Development
Overlay Zone - findings), no site development plan for a local shopping center shall be
approved unless the City Council finds that the site, either by itself or in combination with
another, adjoining center, will provide the normal range of goods and services to meet the
everyday needs of the local neighborhood, in keeping with the intent and purpose of both this
zone and the local shopping center general plan designation. For the purpose of this section,
“adjoining center” means that the second shopping center either abuts the subject center or is
located on property immediately across a common street.
21.31.050 Redeveloping, remodeling, and expanding existing shopping centers
A. A proposal to redevelop, remodel or expand an existing local shopping center
shall be processed through a site development plan. Where a site development plan does not
exist for an existing center, a site development plan shall first be obtained pursuant to Section
21.31.040. Where a site development plan exists, the proposal shall be processed through an
amendment to the site development plan as provided by this section.
Major amendment. Any proposal for a major remodeling or redevelopment of an
existing shopping center shall first obtain a major amendment to the site development plan,
B.
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which amendment shall be processed according to Section 21.31.040 with the City Council as
the decision maker. Any change of a site that constitutes a major remodeling or
redevelopment will typically result in removal and/or replacement of 50% or more of the
existing building floor area of the center or a combination of changes to floor area, landscaping,
parking, facades, or other site features that constitutes a major reconfiguration or redesign of
the site. Where this threshold is unclear, the Planning Director shall determine whether the
proposal will require a major amendment to the site development plan.
Minor amendment. Any proposal for remodeling, redeveloping, or expanding an
existing local shopping center, which does not require a major amendment as established by
paragraph B, and which is not excepted by paragraph D shall first obtain a minor amendment
to the site development plan. A minor site development plan amendment shall be heard and
approved by the Planning Commission pursuant to the process and findings contained in
Chapter 21.06 (Q. Qualified Development Overlay Zone).
D. Exceptions.
The following are excepted from the need to obtain an amendment to an existing site
development plan or for a new site development plan for an existing center that does not have
one:
C.
1. Tenant improvements.
2.
3.
Any one addition of new floor area with a cumulative total of less than
Any non-floor-area changes to the site design that collectively result in
1,000 square feet.
less than a ten percent change to the site, as determined by the Planning Director.
21.31.060. Special requirements to be addressed in the site development plan.
A site development plan for a local shopping center shall show how each of the following, if
applicable, will be developed.
Employee eating and outdoor eating areas.
1. Required eating areas for employees (subject to Section 21.31.080(L));
2. Food courts or outdoor seating areas, operated in common with or
3 Restaurants with eating areas located outdoors or within common areas
Areas for temporary outdoor display and sales of seasonal items (pumpkins,
Areas designated for outdoor cooking or barbequing, if any;
Kiosks and vending carts, if any;
A.
available to the patrons of more than one restaurant, if any;
otherwise designated for pedestrian or other traffic, if any;
B.
Christmas trees, etc.)
C.
D. E Signs;
F. Recycling facilities;
G.
H. Bicycle parking;
1.
J.
Special events area or public gathering area, if any;
Shopping cart collection and storage areas; and
Access points to the site for pedestrians and internal pedestrian circulation.
21 -31.070. Limitations on permitted uses in C-L zone.
Every use permitted shall be subject to the following conditions and limitations:
A. Conduct uses in buildings.
All uses shall be conducted wholly within a building, except such uses as gasoline
stations, nurseries for sale of plants and flowers, uses set out in Section 21.31.060, and other
enterprises customarily conducted in the open or otherwise as identified and permitted in a site
development plan. The Planning Director is authorized to make any necessary interpretations
of this subsection; B. On-site manufacture of goods.
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Products made incident to a permitted use shall be sold only at retail on the premises,
and not more than five persons may be employed in the manufacturing of products permitted
herein;
Accessory storage of commodities to be sold at retail on the premises;
C. Storage shall be limited to:
1.
2. Materials to be recycled.
and
21.31.080 Development standards.
Exercise of site development plan.
The City Council in approving or amending, or the Planning Commission in
amending, a site development plan may impose special conditions or requirements that include
provisions for, but are not limited to the following:
A.
1. Intensity of use;
2.
3. Parking standards;
4. Yards;
5. 6. Fences and walls;
7. Signs;
8. Landscaping;
9. Grading, slopes, and drainage;
IO.
11.
12.
13.
Compatibility with surrounding properties and land uses;
Height and bulk of buildings;
Time period within which the project or any phases of the projects shall
be completed;
Points of ingress or egress, including points used by pedestrians and
bicyclists;
Architecture, including colors, textures, materials, and adornments;
Such other conditions as are deemed necessary to ensure conformity
with the general plan and other adopted policies, goals or objectives of the city, including the
purpose and intents of this Chapter.
B. Property size. No site shall be included in the local shopping center zone unless all constituent
properties are contiguous, planned as an integrated whole, and aggregate to a minimum of
four (4.0) net acres, if already developed with retail uses, or seven (7.0) gross acres, if
undeveloped or developed with uses other than retail.
No building in the C-L zone shall exceed a height of thirty-five (35) feet
or three levels and allowed height protrusions as described in Section 21.46.020 shall not
exceed forty-five (45) feet. Additional building height may be permitted to a maximum of forty-
five (45) feet through the site development plan approved by the City Council, provided that:
The building does not contain more than three levels; and
All required yards shall be increased at a ratio of one (I)
horizontal foot for every one (1) foot of vertical construction beyond thirty-five (35) feet. The
additional yard area will be maintained as landscaped open space; and
The building conforms to the requirements of Section 18.04.170
of this code; and
As described in Section 21.46.020, architectural features such as
flagpoles, steeples, or architectural towers, may be permitted up to fifty-five (55) feet if the City
Council makes the specific findings that the protruding architectural features:
C. Building height.
1.
a.
b.
c.
d.
I.
ii.
iii.
Do not function to provide usable floor area; and
Do not adversely impact adjacent properties; and
Are necessary to ensure a building’s design excellence.
D. Yards.
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1. The following yards shall apply to the periphery of a local shopping
center unless otherwise established through a prior site development plan approval:
I TABLE B: YARDS I
2. Protrusions into yards. The following intrusions only may be permitted
a. Pedestrian walkways,
b. Landscaping,
C. Fences or walls,
d.
e.
f.
g.
within required yards:
Approved areas of ingress and egress,
Directional signs and approved monument signs,
Public recreational facilities or outdoor eating areas as authorized
Architectural projections such as eaves, trellises, sun shades,
in the site development plan,
columns, and buttresses may extend up to three feet into any yard.
E.
F. Walls and Fences.
Landscaping. Landscaping shall be provided pursuant to the City of Carlsbad
Landscape Manual and Chapter 21.44 (Parking).
I. A solid masonry wall, six feet in height, shall be constructed along
the common lot line with any residentially zoned property, except that the wall shall be
42 inches in height along that part of the common lot line that bounds the front yard of
the residential property.
except that no wall or fence shall be erected in excess of forty-two inches in height within
a yard adjacent to streets. Chain link, barbed wire, razor ribbon or other similar fences
are specifically not permitted.
G. Lighting.
Exterior lighting is required for all employee and visitor parking areas, walkways,
and building entrances and exits. Light sources shall be designed to avoid direct or
indirect glare to any off-site properties or public rights-of-way.
H. Roof Appurtenances.
2. Other walls and fences up to a height of six feet are permitted
All roof appurtenances, including air conditioners, shall be architecturally
integrated and shielded from view and the sound buffered from adjacent properties and
streets, to the satisfaction of the Planning Director.
I. Trash enclosures.
Trash receptacle areas shall be enclosed by a six-foot-high masonry wall
All loading areas shall be oriented and/or screened so as to be
with gates subject to city standards.
J. Loading areas and docks
unobtrusive from the adjacent streets or properties. Appropriate mitigating measures
shall be incorporated to assure that noise from a loading area or dock does not exceed
65 dB CNEL at the shopping center’s property line.
K. Parking requirements.
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Parking shall be provided subject to the provisions of Chapter 21.44 of
this Title.
L. Employee eating areas.
Outdoor eating facilities for employees of the center shall be provided, as
follows, except as noted below:
1. A minimum of 300 square feet of outdoor eating facilities shall be
provided for each 50,000 square feet of floor area, or portion thereof. Credit towards the
required amount of floor area will be given for centers in which two or more restaurants
share a common, public eating area in a food court or for other public eating area
available to all patrons, comprising at least 600 square feet.
2. The area shall be easily accessible to the employees of the local
shopping center.
3. The area shall be landscaped and provided with attractive outdoor
furniture, i.e., metal, wood, or concrete picnic tables, bencheskhairs and trash
receptacles.
shall be approved as part of the required site development plan, or if no site
development plan is required, a plan of the eating area shall be provided to and
approved by the Planning Director;
Signage for sites in the C-L zone that are subject to a site development plan
shall be implemented according to a sign program, as established by Section 21.41.060 (Sign
Ordinance) of this Title. Signs for sites not subject to a site development plan shall be subject
to all other provisions of Chapter 21.41 (Sign Ordinance).
Where state law requires a recycling area for beverage containers to be located
within the center, said recycling area shall be subject to the provisions of Chapter 21 .I05 of this
Title. The location of all recycling areas shall be set out in the site development plan and the
parameters of operation shall be called out.
4. The site size, location, landscaping and furniture required above
M. Signs.
N. Recycling areas.
21.31.090 Severability
If any section, subsection, sentence, clause phrase or part of this chapter
is for any reason found by a court of competent jurisdiction to be invalid or
unconstitutional, such decision shall not affect the validity of the remaining portions of
this chapter, which shall be in full force and effect. The City Council hereby declares that
it would have adopted this chapter with each section, subsection, sentence, clause,
phrase or part thereof irrespective of the fact that any one or more sections, subsections,
sentences, clauses, phrases or parts be declared invalid or unconstitutional."
SECTION 4: That Title 21, Chapter 21.83 (Child Care) of the Carlsbad Municipal
Code is amended by the amendment to Section 21.83.040 to read as follows:
"21.83.040 Use chart.
Zones in which small and large family day care homes and child
day care centers are shown on the following use chart. Permitted, administrative,
conditional, and prohibited are authorized as follows:
"P' Indicates that the use is permitted in the zone.
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Zoning Small Family Day Care Large Family Day Care Home
Home (8 or fewer children)
RA, RE, EA P P(1)
R- 1 P P(1)
R-2 P P(1)
(14 or fewer children)
Child Day Care
Center
X
X
X
R-3, RD-M, RP
RT, RW, RMHP
0
HO c-I. c-2. CL
P
P P(1) X
X X
X X P(3)
X X P(3)
1. Permitted only when the large family day care home is located on a lot occupied by a
detached, single-family dwelling on a lot of 7,500 square feet or more by ministerial approval
without a public hearing and subject to the provisions of Section 21.83.050 of this chapter.
2. Permitted subject to the provisions of Sections 21.83.070 and 21.83.080 of this chapter.
3. Permitted subject to the provisions of Section 21.83.080 of this chapter and the requirements
of any controlling document (e.g., site development plan).
4. Permitted subject to the standards of the controlling document (village redevelopment master
plan and design guidelines or designated master plan) and the provisions of Section
21.83.080 of this chapter."
PM, CM
M, PU, OS,
LC, TC, CT
VR, PC
SECTION 5: That Title 21, Chapter 21.05 (ZONE ESTABLISHMENT -
X X C
X X X
(4) (4) (4)
BOUNDRIES), of the Carlsbad Municipal Code is amended by the amendment of
Section 21.05.01 0, to read as follows:
"21.05.010 Names of zones.
In order to classify, regulate, restrict and segregate the uses of land and buildings,
to regulate and restrict the height and bulk of buildings, to regulate the area of yards and
other open spaces about buildings, and to regulate the density of population, ttw+#tw
thirty six classes of zones and overlay zones are established by this title to be known as follows:
C-I -Neighborhood Commercial Zone
C-2-General Commercial Zone
C-F-Community Facilities Zone
C-L-Local Shopping Center Zone
C-M-Heavy Commercial-Limited industrial Zone
C-T-Commercial Tourist Zone
E-A-Exclusive Agricultural Zone
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L-C-Limited Control Zone
M-Industrial Zone
O-Office Zone
0-S-Open Space Zone
P-C-Planned Community Zone
P-M-Planned Industrial Zone
P-U-Public Utility Zone
R-I-One-family Residential Zone R-2-Two-family Residential Zone
R-3-Multiple-family Residential Zone
R-A-Residential Agricultural Zone
R-E-Residential Estate Zone
R-P-Residential-Professional Zone
R-T-Residential Tourist Zone
R-W-Residential Waterway Zone
RD-M-Residential Density-Multiple Zone
RMHP-Residential Mobile Home Park
T-C-Transportation Corridor Zone
VR-Village Redevelopment Zone
BAO-Beach Area Overlay Zone
Coastal Agriculture Overlay Zone
Coastal Resource Protection Overlay Zone
Coastal Shoreline Development Overlay Zone
Coastal Resource Overlay Zone Mello I LCP Segment
CN-SO-CommercialNisitor-Serving Overlay Zone
F-P-Floodplain Overlay Zone
H-0-Hospital Overlay Zone
Q-Qualified Development Overlay Zone
S-P-Scenic Preservation Overlay Zone”
SECTION 6: That Title 21, Summary of Zones, is amended by the addition of Chapter
21.31, as follows:
“Title 21
ZONING
Chapters:
21.02
21.04
21.05
21.06
21.07
21.08
21.09
21.10
21.12
21.16
21.18
Purpose
Definitions
Zone Establishment - Boundaries
Q Qualified Development Overlay Zone
E-A Exclusive Agricultural Zone
R-A Residential Agricultural Zone
R-E Rural Residential Estate Zone
R-I One-Family Residential Zone
R-2 Two-Family Residential Zone
R-3 Multiple-Family Residential Zone
R-P Residential Professional Zone
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21.20
21.21
21.22.
21.24
21.25 21.26
21.27
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21.29
21.30
21.31
21.32
21.33.
21.34
21.35
21.36
21.37
21.38
21.39
21.40
21.41
21.42
21.43
21.44
21.45
21.46
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21.50
21.51
21.52
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21.54
21.55
21.56
21.58
21.60
21.61
21.62
21.70
21.80
21.81
21.82
21.83
21.84
21.85
21.86
21.90
21.95
21.100
21.105
21.110
21.201
21.202
R-T Residential Tourist Zone
H-0 Hospital Overlay Zone
R-W Residential Waterway Zone
RD-M Residential Density - Multiple Zone
C-F Community Facilities Zone
C-I Neighborhood Commercial Zone
0 Office Zone
C-2 General Commercial Zone
C-T Commercial Tourist Zone
C-M Heavy Commercial - Limited Industrial Zone
C-L Local Shopping Center Zone
M Industrial Zone 0-S Open Space Zone
P-M Planned Industrial Zone
V-R Village Redevelopment Zone
P-U Public Utility Zone
RMHP Residential Mobile Home Park Zone
P-C Planned Community Zone
L-C Limited Control Zone
S-P Scenic Preservation Overlay Zone
Sign Ordinance
Conditional Uses’
Adult Entertainment
Parking
Planned Developments
Yards
Nonresidential Planned Development
Variances - Conditional Use Permits
Administrative Variances
Amendments
Uses Generally
Procedures, Hearings, Notices and Fees
Dedications of Land and Fee for School Facilities
Interpretation
Revocation - Expiration
Permits - License Enforcement
Judicial Review of Zoning Decisions and Time Limitation
Violations
Development Agreements
Coastal Development Permits
Coastal Development Permits - Village Redevelopment Area
Beach Area Overlay (BOA) Zone
Child Care
Housing For Senior Citizens
lnclusionary Housing
Residential Density Bonus or In-Lieu Incentives
Growth Management
Hillside Development Regulations
T-C Transportation Corridor
Recycling Facilities and Recycling Areas
Floodplain Management Regulations
Coastal Development Permit Procedures
Coastal Agriculture Overlay Zone
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21.203 Coastal Resource Protection Overlay Zone
21.204 Coastal Shoreline Development Overlay Zone
21.205 Coastal Resources Overlay Zone Mello I LCP Segment
21.208 CommercialNisitor Overlay Zone”
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 a publication of general circulation in the City of Carlsbad within
fifteen days after its adoption. (Not withstanding the preceding, this ordinance shall not be
effective within the City’s Coastal Zone until approved by the California Coastal Commission.)
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
Council on the day of 2005, and thereafter.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the day of 2005, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAl N:
CLAUDE A. LEWIS, Mayor
ATTEST:
LORRAINE M. WOOD, City Clerk
(SEAL)
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