HomeMy WebLinkAbout2013-05-01; Planning Commission; Resolution 6961
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONING ORDINANCE AMENDMENT TO SIMPLIFY AND STREAMLINE THE DEVELOPMENT
REVIEW PROCESS FOR CONDITIONAL USE PERMITS IN
THE NONRESIDENTIAL ZONES BY REASSIGNING THE
APPROVAL AUTHORITY TO THE LOWEST APPROPRIATE DECISION-MAKER, TO AMEND THE TEXT OF THE ZONING ORDINANCE TO PROVIDE GREATER
FLEXIBILITY FOR A VARIETY OF CONDITIONAL USES IN
THE NONRESIDENTIAL ZONES, AND TO AMEND THE
COMMERCIAL VISITOR-SERVING OVERLAY ZONE TO ADDRESS MINOR MISCELLANEOUS AMENDMENTS RELATING TO DECISION-MAKING AUTHORITY FOR
CONDITIONAL USES.
CASE NAME: CUP CODE AMENDMENTS
CASE NO: ZCA 09-03 WHEREAS, the City Planner has prepared a proposed Zone Code Amendment
with the City of Carlsbad regarding property described as “citywide,” pursuant to Section
21.52.020 of the Carlsbad Municipal Code to amend the Zoning Ordinance to simplify and
streamline the development review process for conditional use permits in the nonresidential
zones by reassigning the approval authority to the lowest appropriate decision-maker and to
provide greater flexibility for a variety of conditional uses in the nonresidential zones; and
WHEREAS, the proposed amendment is set forth in the draft City Council
Ordinance, Exhibit “Y” dated, May 1, 2013, and attached hereto CUP CODE AMENDMENTS
– ZCA 09-03; and
WHEREAS, the Planning Commission did on May 1, 2013, 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.
PLANNING COMMISSION RESOLUTION NO. 6961
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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 CUP CODE AMENDMENTS -ZCA 09-
03, based on the following findings:
Findings:
I.
2.
That the proposed Zone Code Amendment ZCA 09-03 is consistent with the General
Plan in that the proposed amendment does not conflict with any goal, objective or
policy of the General Plan as amended by GPA 11-05.
That the proposed ZCA 09-03 reflects sound principles of good planning in that it is
consistent with the General Plan as amended by GPA 11-05 and with the procedures
and standards of the other provisions of the Zoning Ordinance that are not
proposed for amendment.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, held on May 1, 2013, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Chairperson Siekmann, Commissioners Black, L'Heureux,
Montgomery, Schumacher, Scully and Segall
:~ ~b 1\ S~c,AUA.t
KERRY SIEKMANN, Chairperson
22 CARLSBAD PLANNING COMMISSION
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ATTEST:
~ztu
DONNEU
City Planner
PC RESO NO. 6961 -2-
Exhibit “Y”
May 1, 2013
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A ZONE CODE AMENDMENT TO SIMPLIFY AND STREAMLINE THE
DEVELOPMENT REVIEW PROCESS BY REASSIGNING THE APPROVAL AUTHORITY FOR CONDITIONAL USE PERMITS TO THE LOWEST APPROPRIATE DECISION-MAKER IN THE
NONRESIDENTIAL ZONES, TO AMEND THE TEXT OF THE ZONING ORDINANCE TO PROVIDE GREATER FLEXIBILITY FOR A VARIETY OF CONDITIONAL USES IN THE
NONRESIDENTIAL ZONES, AND TO AMEND THE COMMERCIAL VISITOR-SERVING OVERLAY ZONE TO ADDRESS MINOR MISCELLANEOUS AMENDMENTS
RELATING TO DECISION-MAKING AUTHORITY FOR CONDITIONAL USES.
CASE NAME: CUP CODE AMENDMENTS
CASE NO.: ZCA 09-03/LCPA 09-02
WHEREAS, in July 2009, the Development Review Process (DRP) Working
Group was formed with the purpose of identifying ways to improve the efficiency of and user
experience with the development review process; and
WHEREAS, in November 2009, the DRP Working Group’s Summary
Recommendations Report was presented to City Council at a City Council Workshop; and
WHEREAS, at said workshop, the City Council directed staff to implement the
nine initiatives identified in the DRP Working Group’s Summary Recommendations Report; and
WHEREAS, the majority of Zoning Ordinance amendments contained herein
implement one of the nine initiatives identified by the DRP Working Group.
NOW THEREFORE, The City Council of the City of Carlsbad, California, does
ordain as follows:
SECTION I: That the legend of Table A of Section 21.07.020 of the
Carlsbad Municipal Code (E-A, Exclusive Agricultural Zone, Permitted Uses) is amended to
read as follows:
Table A
Permitted Uses In the table, below, subject to all applicable permitting and development requirements of
the municipal code: ///
ORDINANCE NO.
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"P" indicates use is permitted. (See note 6 below) "CUP" indicates use is permitted with approval of a conditional use permit. (See note 7
below)
1 = Minor Conditional Use Permit (Process One), pursuant to Chapter 21.42 of this title. 2 = Conditional Use Permit (Process Two), pursuant to Chapter 21.42 of this title.
3 = Conditional Use Permit (Process Three), pursuant to Chapter 21.42 of this title. "Acc" indicates use is permitted as an accessory use.
SECTION II: That Table A of Section 21.07.020 of the Carlsbad
Municipal Code (E-A, Exclusive Agricultural Zone, Permitted Uses) is amended to as follows:
Use P CUP Acc
Golf courses 3
SECTION III: That the legend of Table A of Section 21.08.020 of the
Carlsbad Municipal Code (R-A, Residential Agricultural Zone, Permitted Uses) is amended to
read as follows:
Table A
Permitted Uses In the table, below, subject to all applicable permitting and development requirements of
the municipal code:
"P" indicates use is permitted. (See note 7 below)
"CUP" indicates use is permitted with approval of a conditional use permit. (See note 7 below)
1 = Minor Conditional Use Permit (Process One), pursuant to Chapter 21.42 of this title.
2 = Conditional Use Permit (Process Two), pursuant to Chapter 21.42 of this title. 3 = Conditional Use Permit (Process Three), pursuant to Chapter 21.42 of this title.
"Acc" indicates use is permitted as an accessory use.
SECTION IV: That Table A of Section 21.08.020 of the Carlsbad
Municipal Code (R-A, Residential Agricultural Zone, Permitted Uses) is amended as follows:
Use P CUP Acc
Golf courses (see note 5, below) 3
SECTION V: That the legend of Table A of Section 21.09.020 of the
Carlsbad Municipal Code (R-E, Rural Residential Estate Zone, Permitted Uses) is amended to
read as follows:
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Table A Permitted Uses
In the table, below, subject to all applicable permitting and development requirements of the municipal code:
"P" indicates use is permitted. (See note 6 below) "CUP" indicates use is permitted with approval of a conditional use permit. (See note 6
below) 1 = Minor Conditional Use Permit (Process One), pursuant to Chapter 21.42 of this title. 2 = Conditional Use Permit (Process Two), pursuant to Chapter 21.42 of this title.
3 = Conditional Use Permit (Process Three), pursuant to Chapter 21.42 of this title. "Acc" indicates use is permitted as an accessory use.
SECTION VI: That Table A of Section 21.09.020 of the Carlsbad
Municipal Code (R-E, Rural Residential Estate Zone, Permitted Uses) is amended as follows:
Use P CUP Acc
Golf courses 3
SECTION VII: That the legend of Table A of Section 21.10.020 of the
Carlsbad Municipal Code (R-1, One-Family Residential Zone, Permitted Uses) is amended to
read as follows:
Table A
Permitted Uses
In the table, below, subject to all applicable permitting and development requirements of
the municipal code:
"P" indicates use is permitted. (See note 4 below)
"CUP" indicates use is permitted with approval of a conditional use permit. (See note 4 below)
1 = Minor Conditional Use Permit (Process One), pursuant to Chapter 21.42 of this title. 2 = Conditional Use Permit (Process Two), pursuant to Chapter 21.42 of this title. 3 = Conditional Use Permit (Process Three), pursuant to Chapter 21.42 of this title.
"Acc" indicates use is permitted as an accessory use.
SECTION VIII: That Table A of Section 21.10.020 of the Carlsbad
Municipal Code (R-1, One-Family Residential Zone, Permitted Uses) is amended as follows:
Use P CUP Acc
Golf courses (see note 2, below) 3
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SECTION IX: That the legend of Table A of Section 21.12.020 of the
Carlsbad Municipal Code (R-2, Two-Family Residential Zone, Permitted Uses) is amended to
read as follows:
Table A Permitted Uses
In the table, below, subject to all applicable permitting and development requirements of the municipal code:
"P" indicates use is permitted. (See note 7 below) "CUP" indicates use is permitted with approval of a conditional use permit. (See note 7
below) 1 = Minor Conditional Use Permit (Process One), pursuant to Chapter 21.42 of this title.
2 = Conditional Use Permit (Process Two), pursuant to Chapter 21.42 of this title.
3 = Conditional Use Permit (Process Three), pursuant to Chapter 21.42 of this title. "Acc" indicates use is permitted as an accessory use.
SECTION X: That Table A of Section 21.12.020 of the Carlsbad
Municipal Code (R-2, Two-Family Residential Zone, Permitted Uses) is amended as follows:
Use P CUP Acc
Golf courses (see note 5, below) 3
SECTION XI: That the legend of Table A of Section 21.16.020 of the
Carlsbad Municipal Code (R-3, Multiple-Family Residential Zone, Permitted Uses) is amended
to read as follows:
Table A
Permitted Uses
In the table, below, subject to all applicable permitting and development requirements of the municipal code:
"P" indicates use is permitted. (See note 7 below) "CUP" indicates use is permitted with approval of a conditional use permit. (See note 7 below)
1 = Minor Conditional Use Permit (Process One), pursuant to Chapter 21.42 of this title. 2 = Conditional Use Permit (Process Two), pursuant to Chapter 21.42 of this title. 3 = Conditional Use Permit (Process Three), pursuant to Chapter 21.42 of this title.
"Acc" indicates use is permitted as an accessory use.
SECTION XII: That Table A of Section 21.16.020 of the Carlsbad
Municipal Code (R-3, Multiple-Family Residential Zone, Permitted Uses) is amended as follows:
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Use P CUP Acc
Golf courses (see note 4, below) 3
SECTION XIII: That Table A of Section 21.18.020 of the Carlsbad
Municipal Code (R-P, Residential Professional Zone, Permitted Uses) is amended to read as
follows:
Table A Uses Permitted When the R-P Zone Implements the
"O" (Office) General Plan Land Use Designation
In the table, below, subject to all applicable permitting and development requirements of
the municipal code:
"P" indicates use is permitted. (See note 2 below)
"CUP" indicates use is permitted with approval of a conditional use permit. (See note 2 below) 1 = Minor Conditional Use Permit (Process One), pursuant to Chapter 21.42 of this title.
2 = Conditional Use Permit (Process Two), pursuant to Chapter 21.42 of this title. 3 = Conditional Use Permit (Process Three), pursuant to Chapter 21.42 of this title.
"Acc" indicates use is permitted as an accessory use.
Use P CUP Acc
Accessory buildings/structures, which are customarily
appurtenant to a permitted use (ex. incidental storage facilities)(see note 1, below)(defined: Section 21.04.020) x
Banks/financial services (no drive-thru) x
Biological habitat preserve (subject to Section 21.42.010(B)(30))(defined: Section 21.04.048) 2
Child day care center (subject to Chapter 21.83)(defined:
Section 21.04.086) 1
Churches, synagogues, temples, convents, monasteries,
and other places of worship 2
Clubs – nonprofit, business, civic, professional, etc.
(defined: Section 21.04.090) 1
Delicatessen (defined: Section 21.04.106) x
Educational facilities, other (defined: Section 21.04.137) 1
Educational institutions or schools, public/private (defined:
Section 21.04.140) 2
Greenhouses (2,000 square feet maximum) x
Greenhouses >2,000 square feet (subject to Section
21.42.140(B)(70)) 1
Medical uses (excluding hospitals), including offices for medical practitioners, clinics, and incidental laboratories and pharmacies (prescription only) x
Mobile buildings (subject to Section
21.42.140(B)(90))(defined: Section 21.04.265) 1
Office uses, (may include incidental commercial uses such
a blueprint services, photocopy services and newsstands) x
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Use P CUP Acc
Packing/sorting sheds (600 square feet maximum) x
Packing/sorting sheds >600 square feet (subject to Section
21.42.140(B)(70)) 1
Parking facilities (primary use)(i.e., day use, short-term,
non-storage) 1
Public/quasi-public buildings and facilities and accessory
utility buildings/facilities (defined: Section 21.04.297) 2
Radio/television/microwave/broadcast station/tower 2
Satellite TV antennae (subject to Section 21.53.130
through 21.53.150)(defined: Section 21.04.302) x
Schools (business, vocational, and for such subjects as dance, drama, cosmetology, music, martial arts, etc.) x
Services, provided directly to consumers, focusing on the needs of the local neighborhood, including, but not limited
to, personal grooming, dry cleaning, and tailoring services
1
Signs, subject to Chapter 21.41 (defined: Section
21.04.305) x
Temporary building./trailer (construction)(subject to Section
21.53.110) x
Transit passenger terminals (bus and train) 2
Veterinary clinic/ animal hospital (small animals) (defined: Section 21.04.378) 1
Wireless communication facilities (subject to Section 21.42.140(B)(165))(defined: Section 21.04.379) 1/2
Notes:
1. Accessory uses shall be developed as an integral part of a permitted use within or on the same structure or parcel of land.
2. Any use meeting the definition of an entertainment establishment, as defined in Section
8.09.020 of the Carlsbad Municipal Code (CMC), shall be subject to the requirements of CMC Chapter 8.09.
SECTION XIV: That the legend of Table B of Section 21.18.020 of the
Carlsbad Municipal Code (R-P, Residential Professional Zone, Permitted Uses) is amended to
read as follows:
Table B Uses Permitted When the R-P Zone Implements the
"RMH" or “RH” General Plan Land Use Designations In the table, below, subject to all applicable permitting and development requirements of
the municipal code: "P" indicates use is permitted.
"CUP" indicates use is permitted with approval of a conditional use permit. 1 = Minor Conditional Use Permit (Process One), pursuant to Chapter 21.42 of this title.
2 = Conditional Use Permit (Process Two), pursuant to Chapter 21.42 of this title.
3 = Conditional Use Permit (Process Three), pursuant to Chapter 21.42 of this title. "Acc" indicates use is permitted as an accessory use.
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Use P CUP Acc
Accessory buildings/structures (ex. garages, workshops,
tool sheds, patio covers, decks, etc.)(see notes 1 and 2,
below)(defined: Section 21.04.020)
x
Agricultural crops x
Animal keeping (household pets)(subject to Section 21.53.084) x
Animal keeping (wild animals)(subject to Section 21.53.085) x
Bed and breakfasts (subject to Section 21.42.140(B)(25))(defined: Section 21.04.046) 1
Biological habitat preserve (subject to Section
21.42.140(B)(30))(defined: Section 21.04.048) 2
Child day care center (subject to Chapter 21.83)(defined:
Section 21.04.086) 1
Churches, synagogues, temples, convents, monasteries,
and other places of worship 2
Clubs – nonprofit; business, civic, professional, etc. (defined: Section 21.04.090) 1
Dwelling, one-family (see note 3, below)(defined: Section 21.04.125) x
Dwelling, two-family (see note 4, below)(defined: Section
21.04.130) x
Dwelling, multiple-family (subject to Section 21.53.120 if
more than 4 units are proposed)(defined: Section 21.04.135) x
Educational institutions or schools, public/private (defined: Section 21.04.140) 2
Family day care home (large)(subject to Chapter
21.83)(defined: Section 21.04.147) x
Family day care home (small)(subject to Chapter
21.83)(defined: Section 21.04.148) x
Farmworker housing complex, small (subject to Section
21.10.125)(defined: 21.04.148.4) x
Greenhouses (2,000 square feet maximum) x
Greenhouses >2,000 square feet (subject to Section
21.42.140(B)(70)) 1
Home occupation (subject to Section 21.10.040) x
Housing for senior citizens (subject to Chapter 21.84) x
Mobile buildings (subject to Section
21.42.140(B)(90))(defined: Section 21.04.265) 1
Mobile home (see note 3 and 5, below)(defined: Section 21.04.266) x
Packing/sorting sheds (600 square feet maximum) x
Packing/sorting sheds >600 square feet (subject to Section 21.42.140(B)(70)) 1
Parking facilities (primary use)(i.e., day use, short-term, non-storage) 1
Professional care facilities (defined: Section 21.04.295) 2
Public/quasi-public buildings and facilities and accessory utility buildings/facilities (defined: Section 21.04.297) 2
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Use P CUP Acc
Residential care facilities (serving six or fewer persons)
persons)(defined: Section 21.04.300) x
Residential care facilities (serving more than six
persons)(subject to Section 21.42.140(B)(125))(defined: Section 21.04.300) 2
Satellite TV antennae (subject to Section 21.53.130 through 21.53.150)(defined: Section 21.04.302) x
Second dwelling unit (accessory to a one-family dwelling
only),(subject to Section 21.10.030)(defined: Section
21.04.303)
x
Signs (subject to Chapter 21.41)(defined: Section 21.04.305) x
Supportive housing (serving six or fewer persons)(defined: Section 21.04.355.1) x
Supportive housing (serving more than six
persons)(subject to Section 21.42.140(B)(125))(defined:
Section 21.04.355.1)
2
Temporary bldg./trailer (real estate or construction), (subject to Sections 21.53.090 and 21.53.110) x
Time-share projects (subject to Section 21.42.140(B)(155))(Section 21.04.357) 2
Transit passenger terminals (bus and train) 2
Transitional housing (serving six or fewer persons)(defined: Section 21.04.362) x
Transitional housing (serving more than six
persons)(subject to Section 21.42.140(B)(125))(defined:
Section 21.04.362)
2
Wireless communication facilities (subject to Section 21.42.140(B)(165))(defined: Section 21.04.379) 1/2
Zoos (private)(subject to Section 21.42.140(B)(170))(defined: Section 21.04.400) 2
Notes:
1. Private garages (defined: Section 21.04.150) shall accommodate not more than two cars per dwelling unit.
2. When associated with a two-family or multiple-family dwelling, accessory buildings shall
not include guesthouses or accessory living quarters (defined: Section 21.04.165). 3. One-family dwellings are permitted when developed as two or more detached units on one
lot. Also, a single one-family dwelling shall be permitted on any legal lot that existed as of
October 28, 2004, and which is designated and zoned for residential use. Any proposal to subdivide land or construct more than one dwelling shall be subject to the density and
intent of the underlying residential land use designation.
4. A two-family dwelling shall not be permitted within the RH land use designation. 5. Mobile homes must be certified under the National Mobilehome Construction and Safety
Standards Act of 1974 (42 U.S.C Section 5401 et. seq.) on a foundation system pursuant to Section 18551 of the State Health and Safety Code.
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SECTION XV: That the legend of Table A of Section 21.20.010 of the
Carlsbad Municipal Code (R-T, Residential Tourist Zone, Permitted Uses) is amended to read
as follows:
Table A Permitted Uses
In the table, below, subject to all applicable permitting and development requirements of the municipal code:
"P" indicates use is permitted. (See note 2 below) "CUP" indicates use is permitted with approval of a conditional use permit. (See note 2
below) 1 = Minor Conditional Use Permit (Process One), pursuant to Chapter 21.42 of this title.
2 = Conditional Use Permit (Process Two), pursuant to Chapter 21.42 of this title.
3 = Conditional Use Permit (Process Three), pursuant to Chapter 21.42 of this title. "Acc" indicates use is permitted as an accessory use.
SECTION XVI: That Table A of Section 21.20.010 of the Carlsbad
Municipal Code (R-T, Residential Tourist Zone, Permitted Uses) is amended as follows:
Use P CUP Acc
Golf courses 3
SECTION XVII: That the legend of Table A of Section 21.22.020 of
the Carlsbad Municipal Code (R-W, Residential Waterway Zone, Permitted Uses) is amended to
read as follows:
Table A
Permitted Uses
In the table, below, subject to all applicable permitting and development requirements of the municipal code:
"P" indicates use is permitted. (See note 7 below) "CUP" indicates use is permitted with approval of a conditional use permit. (See note 7 below)
1 = Minor Conditional Use Permit (Process One), pursuant to Chapter 21.42 of this title. 2 = Conditional Use Permit (Process Two), pursuant to Chapter 21.42 of this title. 3 = Conditional Use Permit (Process Three), pursuant to Chapter 21.42 of this title.
"Acc" indicates use is permitted as an accessory use.
SECTION XVII: That Table A of Section 21.22.020 of the Carlsbad
Municipal Code (R-W, Residential Waterway Zone, Permitted Uses) is amended as follows:
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Use P CUP Acc
Golf courses (see note 5 below) 3
SECTION XVIII: That the legend of Table A of Section 21.24.020 of the
Carlsbad Municipal Code (RD-M, Residential Density-Multiple Zone, Permitted Uses) is
amended to read as follows:
Table A
Permitted Uses
In the table, below, subject to all applicable permitting and development requirements of
the municipal code:
"P" indicates use is permitted. (See note 6 below) "CUP" indicates use is permitted with approval of a conditional use permit. (See note 6 below)
1 = Minor Conditional Use Permit (Process One), pursuant to Chapter 21.42 of this title. 2 = Conditional Use Permit (Process Two), pursuant to Chapter 21.42 of this title.
3 = Conditional Use Permit (Process Three), pursuant to Chapter 21.42 of this title.
"Acc" indicates use is permitted as an accessory use. SECTION XIX: That Table A of Section 21.24.020 of the Carlsbad
Municipal Code (RD-M, Residential Density-Multiple Zone, Permitted Uses) is amended as
follows:
Use P CUP Acc
Golf courses (see note 4 below) 3
SECTION XX: That the Intent and Purpose of Section 21.25.010(1) of the
Carlsbad Municipal Code (C-F, Community Zone) is amended to read as follows:
The intent and purpose of the C-F, Community Facilities, zone is:
(1) To ensure that all master plans and residential specific plans (i.e., specific plans
which include residential units) reserve community facility sites of adequate size for uses which benefit the community as a whole by satisfying
social/religious/institutional/human service needs;
SECTION XXI: That Table A of Section 21.25.040 of the Carlsbad
Municipal Code (C-F, Community Facilities Zone, Permitted Uses) is amended to read as
follows:
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Table A Permitted Uses
In the table, below, subject to all applicable permitting and development requirements of the municipal code:
"P" indicates the use is permitted. (See note 1 below) "CUP" indicates that the use is permitted with approval of a conditional use permit. (See
note 1 below) 1 = Minor Conditional Use Permit (Process One), pursuant to Chapter 21.42 of this title. 2 = Conditional Use Permit (Process Two), pursuant to Chapter 21.42 of this title.
3 = Conditional Use Permit (Process Three), pursuant to Chapter 21.42 of this title. "Acc" indicates use is permitted as an accessory use.
Use P CUP Acc
Adult and/or senior day care and/or recreation facility
(private or non-private) 1
Athletic fields 2
Child day care center (subject to Chapter 21.83)(defined:
Section 21.04.086) x
Churches, synagogues, temples, convents, monasteries,
and other places of worship 2
Clubs - nonprofit, business, civic, professional, etc.
(defined: Section 21.04.090) 1
Educational institutions or schools, public/private (defined: Section 21.04.140) 2
Mobile buildings (subject to Section 21.42.140(B)(90))(defined: Section 21.04.265) 1
Office area (see note 2 below) x
Religious reading room (separate from church) 1
Satellite television antennae (subject to Sections 21.53.130 through 21.53.150)(defined: Section 21.04.302) x
Signs (subject to Chapter 21.41) x
Veterans' organizations (including meeting facilities) 1
Welfare and charitable service organizations (private or semi-private) with no permanent residential uses (e.g., Good Will, Red Cross, Traveler's Aid) 1
Wireless communication facilities (subject to Section
21.42.140 (B)(165))(defined: Section 21.04.379) 1/2
Youth organizations (e.g., Boy Scouts, Girl Scouts, Boys
and Girls Clubs, YMCA and YWCA, except lodgings) 1
Notes: 1. Any use meeting the definition of an entertainment establishment, as defined in Section
8.09.020 of the Carlsbad Municipal Code (CMC), shall be subject to the requirements of CMC Chapter 8.09.
2. If any office area is proposed with a use, the office area must be ancillary to the main use;
it cannot be the principal use.
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SECTION XXII: That Table A of Section 21.26.010 of the Carlsbad
Municipal Code (C-1, Neighborhood Commercial Zone, Permitted Uses) is amended to read as
follows:
Table A Permitted Uses
In the table, below, subject to all applicable permitting and development requirements of the municipal code:
"P" indicates the use is permitted. (See note 1 below) "CUP" indicates that the use is permitted with approval of a conditional use permit. (See
note 1 below) 1 = Minor Conditional Use Permit (Process One), pursuant to Chapter 21.42 of this title.
2 = Conditional Use Permit (Process Two), pursuant to Chapter 21.42 of this title.
3 = Conditional Use Permit (Process Three), pursuant to Chapter 21.42 of this title. "Acc" indicates use is permitted as an accessory use.
Use P CUP Acc
Accountants x
Adult and/or senior daycare and/or recreation facility
(private/non-private) 1
Alcoholic treatment centers 2
Amusement parks 3
Arcades – coin-operated (subject to Section 21.42.140(B)(15))(defined: Section 21.04.091) 1
Athletic clubs, gymnasiums, health clubs, and physical
conditioning businesses x
Attorneys x
Banks and other financial institutions without drive-thru
facilities x
Bakeries x
Barbershops or beauty parlors x
Biological habitat preserve (subject to Section
21.42.140(B)(30))(defined: Section 21.04.048) 2
Book or stationery stores x
Child day care centers, subject to the provisions of Chapter
21.83 of this title x
Churches, synagogues, temples, convents, monasteries,
and other places of worship 2
Clubs – nonprofit, business, civic, professional, etc.
(defined: Section 21.04.090) 1
Columbariums, mausoleums, and mortuaries (not within a cemetery) 2
Delicatessen (defined: Section 21.04.106) x
Doctors, dentists, optometrists, chiropractors and others practicing the healing arts for human beings, and related
uses such as oculists, pharmacies (prescription only),
biochemical laboratories and x-ray laboratories
x
Dress-making or millinery shops x
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Use P CUP Acc
Drive-thru facility (excluding restaurants) 1
Drugstores x
Dry goods or notion stores x
Educational facilities, other (defined: Section 21.04.137) x
Educational institutions or schools, public/private (defined: Section 21.04.140) 2
Engineers, architects and planners x
Fairgrounds 3
Farmworker housing complex, small (subject to Section
21.10.25)(defined: Section 21.04.148.4) 1
Florist shops x
Fortunetellers, as defined in Section 5.50.010(c) x
Gas stations (subject to Section 21.42.140(B)(65)) 2
Greenhouses >2,000 square feet (subject to Section
21.42.140(B)(70)) 1
Grocery or fruit stores x
Hardware stores x
Hospitals (defined: Section 21.04.170) 2
Hospitals (mental)(defined: Section 21.04.175) 2
Hotels and motels (subject to Section 21.42.140(B)(80)) 2
Institutions of a philanthropic or eleemosynary nature, except correctional or mental x
Jewelry stores x
Laundries or clothes cleaning agencies x
Laundromats x
Liquor store (subject to Section 21.42.140(B)(85))(defined:
Section 21.04.203) 2
Meat markets x
Mobile buildings (subject to Section
21.42.140(B)(90))(defined: Section 21.04.265) 1
Outdoor dining (incidental)(subject to Section 21.26.013)(defined: Section 21.040.290.1) x
Packing/sorting sheds >600 square feet (subject to Section 21.42.140(B)(70)) 1
Paint stores x
Parking facilities (primary use)(i.e., day use, short-term, non-storage) 1
Pawnshops (subject to Section 21.42.140(B)(105)) 3
Pet supply shops x
Pool halls, billiards parlors (subject to Section 21.42.(B)(110))(defined: Section 21.04.292) 2
Private clubs, fraternities, sororities and lodges, excepting those where the chief activity is a service customarily
carried on as a business
x
Public meeting halls, exhibit halls, and museums 2
Public/quasi-public buildings and facilities and accessory
utility buildings/facilities (defined: Section 21.04.297) 2
Racetracks 3
Radio/television/microwave/broadcast station/tower 2
Realtors x
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Use P CUP Acc
Recreation facilities 1
Recycling collection facilities, large (subject to Chapter
21.105)(defined: Section 21.105.015) 2
Recycling collection facilities, small (subject to Chapter
21.105)(defined: Section 21.105.015) 1
Religious reading room (separate from church) 1
Residential uses (subject to Section 21.26.015 of this title) x
Restaurants (bona fide public eating
establishment)(defined: Section 21.04.056) x
Restaurants (excluding drive-thru restaurants), tea rooms
or cafes (excluding dancing or entertainment and on-sale liquor) x
Satellite television antennae (subject to Section 21.53.130 through 21.53.150)(defined: Section 21.04.302) x
Shoe stores or repair shops x Signs (subject to Chapter 21.41) x
Stadiums 3
Tailors, clothing or wearing apparel shops x
Tattoo parlors (subject to Section 21.42.140(B)(140)) 3
Theaters (motion picture or live) – indoor 2
Theaters, stages, amphitheaters – outdoor 3
Thrift shops (subject to Section 21.42.140(B)(150)) 1
Transit passenger terminals (bus and train) 2
Veterinary clinic/animal hospital (small animals)(defined: Section 21.04.378) 1
Welfare and charitable service (private or semi-private) with no permanent residential uses (i.e., Good Will, Red
Cross, Traveler’s Aid)
1
Windmills (exceeding height limit of zone)(subject to
Section 21.42.140(B)(160)) 2
Wireless communication facilities (subject to Section 21.42.140(B)(165))(defined: Section 21.04.379) 1/2
Youth organizations (e.g., Boy Scouts, Girl Scouts, Boys and Girls Clubs, YMCA, YWCA, except lodgings 1
Notes:
1. Any use meeting the definition of an entertainment establishment, as defined in Section 8.09.020 of the Carlsbad Municipal Code (CMC), shall be subject to the requirements of
CMC Chapter 8.09.
SECTION XXIII: That Table A of Section 21.27.020 of the Carlsbad
Municipal Code (O, Office Zone, Permitted Uses) is amended to read as follows:
Table A
Permitted Uses
In the table, below, subject to all applicable permitting and development requirements of the municipal code:
"P" indicates the use is permitted. (See note 1 below)
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"CUP" indicates that the use is permitted with approval of a conditional use permit. (See note 1 below)
1 = Minor Conditional Use Permit (Process One), pursuant to Chapter 21.42 of this title.
2 = Conditional Use Permit (Process Two), pursuant to Chapter 21.42 of this title. 3 = Conditional Use Permit (Process Three), pursuant to Chapter 21.42 of this title.
"Acc" indicates use is permitted as an accessory use.
Use P CUP Acc
Accountants x
Administrative and executive offices x
Advertising agencies x
Alcoholic treatment centers 2
Architects, planners and engineers x Athletic clubs, gymnasiums, health clubs, and physical conditioning businesses 1
Attorneys x
Banks and other financial institutions without drive-thru facilities x
Biological habitat preserve (subject to Section
21.42.140(B)(30))(defined: Section 21.04.048) 2
Child day care center (subject to Chapter 21.83)(defined:
Section 21.04.086) x
Churches, synagogues, temples, convents, monasteries,
and other places of worship 2
Clubs – non-profit, business, civic, professional, etc. (defined: Section 21.04.090) 1
Commercial artists x
Company and corporate headquarters x
Delicatessen (defined: Section 21.04.106) x
Dentists, doctors, chiropractors and other incidental related
uses such as pharmacies (prescription only), biochemical, x-ray laboratories, medical offices and clinics (excluding
hospitals)
x
Drive-thru facility (excluding restaurants) 1
Educational facilities, other (defined: Section 21.04.137) 1
Educational institutions or schools, public/private (defined: Section 21.04.140) 2
Electronic data processing and record keeping services x
Fairgrounds 3
Farmworker housing complex, small (subject to Section 21.10.125)(defined: Section 21.04.148.4) 1
General contractor (offices only, no equipment or material
storage) x
Government offices x
Greenhouses >2,000 square feet (subject to Section
21.42.140(B)(70)) 1
Hospitals (defined: Section 21.04.170) 2
Hospitals (mental)(defined: Section 21.04.175) 2
Hotels and motels (subject to Section 21.42.140(B)(80)) 2
Insurance agencies and services x
Labor union offices (no hiring halls) x
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Use P CUP Acc
Management consultants x
Mobile buildings (subject to Section
21.42.140(B)(90))(defined: Section 21.04.265) 1
Offices, business and professional, including incidental
commercial facilities such as blueprint and photocopy shops and duplicating services x
Outdoor dining (incidental)(subject to Section 21.26.013)(defined: Section 210.04.290.1) x
Packing/sorting sheds >600 square feet (subject to Section 21.42.140(B)(70)) 1
Parking facilities (primary use)(i.e., day use, short-term,
non-storage) 1
Photographers x
Public meeting halls, exhibit halls, and museums 2
Public/quasi-public buildings and facilities and accessory utility buildings/facilities (defined: Section 21.04.297) 2
Radio/television/microwave/broadcast station/tower 2
Real estate and related services x
Recreation facilities 1
Restaurants (bona fide public eating establishment)(defined: Section 21.04.056) 1
Satellite television antennae (subject to Sections 21.53.130
through 21.53.150) x
Signs (subject to this chapter and Chapter 21.41) x
Stadiums 3
Stockbrokers x
Title and trust companies x
Transit passenger terminals (bus and train) 2
Travel agencies x
Veterinary clinic/animal hospital (small animals)(defined:
Section 21.04.378) 1
Windmills (exceeding height limit of zone)(subject to
Section 21.42.140(B)(160)) 2
Wireless communication facilities (subject to Section 21.42.140(B)(165))(defined: Section 21.04.379) 1/2
Notes:
1. Any use meeting the definition of an entertainment establishment, as defined in Section 8.09.020 of the Carlsbad Municipal Code (CMC), shall be subject to the requirements of CMC Chapter 8.09.
SECTION XXIV: That Table A of Section 21.28.010 of the Carlsbad
Municipal Code (C-2, General Commercial Zone, Permitted Uses) is amended to read as
follows:
Table A
Uses Permitted
In the table, below, subject to all applicable permitting and development requirements of
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the municipal code:
"P" indicates the use is permitted. (See note 1 below)
"CUP" indicates that the use is permitted with approval of a conditional use permit. (See note 1 below)
1 = Minor Conditional Use Permit (Process One), pursuant to Chapter 21.42 of this title. 2 = Conditional Use Permit (Process Two), pursuant to Chapter 21.42 of this title. 3 = Conditional Use Permit (Process Three), pursuant to Chapter 21.42 of this title.
"Acc" indicates use is permitted as an accessory use.
Use P CUP Acc
Adult and/or senior day care and/or recreation facility (private or non-private) 1
Alcoholic treatment centers 2
Amusement parks 3
Any use permitted in the C-1 zone x
Aquaculture (defined: Section 21.04.036) 1
Aquaculture stands (display/sale)(subject to Section
21.42.140(B)(10)) 1
Arcades – coin-operated (subject to Section
21.42.140(B)(15))(defined: Section 21.04.091) 1
Athletic clubs, gymnasiums, health clubs, and physical conditioning businesses x
Auto repair x
Bars, cocktail lounges (subject to Section 21.42.140(B)(20)) (defined: Section 21.04.041) (see note 1 below) 2
Biological habitat preserve (subject to Section 21.42.140(B)(30)) (defined: Section 21.04.48) 2
Blueprinting, photocopying, and duplicating services x
Bowling alley (subject to Section 21.42.140(B)(40))(defined: Section 21.040.057) 1
Car wash (subject to Section 21.42.140(B)(45)) 1
Churches, synagogues, temples, convents, monasteries, and other places of worship 2
Clubs – nonprofit, business, civic, professional, etc. (defined:
Section 21.04.090) 1
Columbariums and mausoleums (not within a cemetery) 2
Commercial printing and photoengraving x
Delicatessen (defined: Section 21.04.106) x
Drive-thru facilities (excluding restaurants) 1
Educational facilities, other (defined: Section 21.04.137) x
Educational institutions or schools, public/private (defined: Section 21.04.140) 2
Fairgrounds 3
Farmworker housing complex, small (subject to Section 21.10.125)(defined: 21.04.148.4) 1
Gas stations (subject to Section 21.42.140(B)(65)) 2
Greenhouses > 2,000 square feet (subject to Section 21.42.140(B)(70)) 1
Hospitals (defined: Section 21.04.170) 2
Hospitals (mental)(defined: Section 21.04.175) 2
Hotels and motels (subject to Section 21.42.140(B)(80)) 2
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Use P CUP Acc
Liquor store (subject to Section 21.42.140(B)(85))(defined:
Section 21.04.203) 1
Mobile buildings (subject to Section
21.42.140(B)(80))(defined: Section 21.04.265) 1
Mortuaries 2
Nightclubs, dance clubs, and other establishments that play
live or recorded music or make regular use of amplified sound (see note 1 below) 2
Outdoor dining (incidental)(subject to Section 21.26.013)(defined: Section 21.04.290.1) x
Packing/sorting sheds > 600 square feet (subject to Section
21.42.140(B)(70)) 1
Parking facilities (primary use)(i.e., day uses, short-term, non-
storage) 1
Pawnshops (subject to Section 21.42.140(B)(105)) 3
Pet shops x
Pool halls, billiard parlors (subject to Section
21.42.140(B)(110)) (defined: Section 21.04.292) 1
Public meeting halls, exhibit halls, and museums 2
Public/quasi-public buildings and facilities and accessory
utility buildings/facilities (defined: Section 21.04.297) 2
Racetracks 3
Radio/television/microwave/broadcast station/tower 2
Recreation facilities 1
Recycling collection facilities, large (subject to Chapter
21.105)(defined: Section 21.105.015) 2
Recycling collection facilities, small (subject to Chapter
21.105)(defined: Section 21.105.015) 1
Religious reading room 1
Residential uses (subject to Section 21.28.015 of this title) x
Retail, wholesale, or service businesses catering directly to
the consumer x
Satellite television antennae (subject to Sections 21.53.130
through 21.53.140)(defined: Section 21.04.302) x
Signs (subject to Chapter 21.41) x
Stadiums 3
Tattoo parlors (subject to Section 21.42.140(B)(150)) 3
Theaters (motion picture or live) – indoor 2
Theaters, stages, amphitheaters – outdoor 3
Thrift shops (subject to Section 21.42.140(B)(150)) 1
Transit passenger terminals (bus and train) 2
Upholstering shops x
Veterinary clinic/animal hospital (small animals)(defined:
Section 21.04.378) 1
Welfare and charitable services (private or semi-private) with
no permanent residential uses (e.g., Good Will, Red Cross, Traveler’s Aid) 1
Windmills (exceeding height limit of zone)(subject to Section
21.42.140(B)(160)) 2
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Use P CUP Acc
Wireless communication facilities (subject to Section
21.42.140(B)(165)) 1/2
Youth organizations (e.g., Boy Scouts, Girl Scouts, Boys and
Girls Clubs, YMCA, YWCA, except lodgings 1
Notes: 1. Any use meeting the definition of an entertainment establishment, as defined in Section
8.09.020 of the Carlsbad Municipal Code (CMC), shall be subject to the requirements of CMC Chapter 8.09.
SECTION XXV: That Table A of Section 21.30.010 of the Carlsbad
Municipal Code (C-M, Heavy Commercial- Limited Industrial Zone, Permitted Uses) is amended
to read as follows:
Table A Uses Permitted
In the table, below, subject to all applicable permitting and development requirements of the municipal code:
"P" indicates the use is permitted. (See notes 2 and 3 below) "CUP" indicates that the use is permitted with approval of a conditional use permit. (See
notes 2 and 3 below) 1 = Minor Conditional Use Permit (Process One), pursuant to Chapter 21.42 of this title. 2 = Conditional Use Permit (Process Two), pursuant to Chapter 21.42 of this title.
3 = Conditional Use Permit (Process Three), pursuant to Chapter 21.42 of this title. "Acc" indicates use is permitted as an accessory use.
Use P CUP Acc
Adult businesses (subject to Chapter 21.43 of this title, and Chapter 8.60 of CMC Title 8) x
Airports 3
Alcoholic treatment centers 2
Amusement parks 3
Any use permitted in other commercial zones is permitted in the C-M zone (with exceptions as set out in note 1 below) x
Aquaculture (defined: Section 21.04.091) 1
Aquaculture stands (display/sale)(subject to Section 21.42.140.B.10 1
Arcades – coin-operated (subject to Section 21.42.140(B)(15))(defined: Section 21.04.091) 1
Assembly of electrical appliances such as: (A) electronic
instruments and devices, (B) radios and phonographs,
including manufacture of small parts, such as coils
x
Auction houses or stores x
Auto storage/impound yards (i.e., overnight product storage) 2
Biological habitat preserve (subject to Section
21.42.140(B)(30))(defined: Section 21.04.048) 2
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Boat building (limited to those craft which may be transported
over a state highway without permit) x
Body and fender works, including painting x
Book printing and publishing x
Bookbinding x
Bowling alley (subject to Section 21.42.140(B)(35))(defined: Section 21.04.057) 1
Breweries 1
Building material storage yards x
Cabinet shops x
Carpet cleaning plants x
Ceramic products, manufacture of, using only previously
pulverized clay and kilns fired only by electricity or low pressure gas x
Child day care center (subject to Chapter 21.83)(defined:
Section 21.04.086) 2
Churches, synagogues, temples, convents, monasteries, and
other places of worship 2
Cleaning and dyeing plants x
Clubs – nonprofit, business, civic, professional, etc. (defined:
Section 21.04.090) 1
Columbariums and mausoleums (not within a cemetery) 2
Delicatessen (defined: Section 21.04106) x
Drive-thru facilities (excluding restaurants) 1
Dwelling on the same lot which a factory is located when such
dwelling is used exclusively by a caretaker or superintendent
of such factory and his family. When such dwelling is established, all required yards in the R-3 zone shall be
maintained.
x
Educational facilities, other (defined: Section 21.04.137) 1
Educational institutions or schools, public/private (defined:
Section 21.04.140) 2
Fairgrounds 3
Farmworker housing complex, small (subject to Section
21.10.125)(defined: 21.04.148.4) 1
Feed and fuel yards x
Frozen food lockers x
Gas stations (subject to Section 21.42.140(B)(65)) 2
Glass studios, staining, edging, beveling and silvering in connection with sale of mirrors and glass for decorating
purposes
x
Greenhouses > 2,000 square feet (subject to Section
21.42.140(B)(70)) 1
Hazardous waste facility (subject to Section 21.42.140(B)(75)) (defined: Section 21.04167) 3
Hospital, industrial emergency (not full hospital or mental hospital) x
Kennels (defined: Section 21.04.195) 1
Laboratories, experimental, motion picture, testing x
Laundries x
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Use P CUP Acc
Lumber yards (no planing mills and burners) x
Machine shops x
Mini-warehouses/self-storage 2
Mobile buildings (subject to Section 21.42.140(B)(90))(defined: Section 21.04.265) 1
Mortuaries 2
Musical instruments, manufacture of x
Newspaper/periodical printing and publishing x
Oil and gas facilities (on-shore)(subject to Section
21.42.140(B)(70)) 3
Outdoor dining (incidental)(subject to Section 21.26.013)(defined: Section 21.04.290.1) x
Packing/sorting sheds > 600 square feet (subject to Section 21.42.140(B)(70)) 1
Parcel service delivery x
Parking facilities (primary use)(i.e., day use, short-term, non-storage) 1
Pawnshops (subject to Section 21.42.140(B)(105)) 3
Plumbing shops and plumbing shop supply yards x
Pool halls, billiard parlors (subject to Section 21.42.140(B)(110)) (defined: Section 21.04.292) 2
Public scales x
Public/quasi-public buildings and facilities and accessory utility buildings/facilities (defined: Section 21.04.297) 2
Racetracks 3
Radio/television/microwave/broadcast station/tower 2
Recreation facilities 1
Recreational vehicle storage (subject to Section 21.42.140(B)(120))(defined: Section 21.04.299) 1
Recycling collection facilities, large (subject to Chapter 21.105)(defined: Section 21.105.015) 2
Recycling collection facilities, small (subject to Chapter 21.105)(defined: Section 21.105.015) 1
Recycling process/transfer facility 2
Restaurants (bona fide public eating establishment) (defined: Section 21.04.056) 1
Satellite antennae (>1 per use)(defined: Section 21.04.302) 1
Satellite television antennae (subject to Sections 21.53.130
through 21.53.140)(defined: Section 21.04.302) x
Sheet metal shops x
Signs (subject to Chapter 21.41) x
Stadiums 3
Tattoo parlors (subject to Section 21.42.140(B)(140)) 3
Theaters (motion picture or live) – indoor 2
Thrift shops (subject to Section 21.42.140(B)(150)) 1
Tire rebuilding, recapping and retreading x
Transit passenger terminals (bus and train) 2
Transit storage (ex. rolling stock) 2
Veterinary clinic/animal hospital (small animals)(defined: Section 21.04.378) 1
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Wholesale businesses, storage buildings and warehouses x
Windmills (exceeding height limit of zone)(subject to Section
21.42.140(B)(160)) 2
Wireless communication facilities (subject to Section
21.42.140(B)(165))(defined: Section 21.04.379) 1/2
Notes: 1. Any use permitted in the commercial zones is allowed in the C-M zone, except: (A)
Hotels and motels, (B) Hospitals (however, industrial emergency hospitals are
permitted), (C) Residential care facilities, (D) Professional care facilities, (E) Private clubs, fraternities, sororities and lodges, excepting those the chief activity of which is a
service customarily carried on as a business, (F) Institutions of a philanthropic or
eleemosynary nature, including correctional and mental. 2. Any use meeting the definition of an entertainment establishment, as defined in Section
8.09.020 of the Carlsbad Municipal Code (CMC), shall be subject to the requirements of CMC Chapter 8.09. 3. For properties which are located within the boundaries of the Carlsbad Research Center
(CRC) Specific Plan, please refer to the CRC Specific Plan for a list of allowable uses,
setback requirements, etc.
SECTION XXVI: That Table A of Section 21.31.030 of the Carlsbad
Municipal Code (C-L, Local Shopping Center Zone, Permitted Uses) is amended to read as
follows:
Table A Permitted Uses
In the table, below, subject to all applicable permitting and development requirements of the municipal code:
"P" indicates the use is permitted. (See note 5 below) "CUP" indicates that the use is permitted with approval of a conditional use permit. (See
note 5 below)
1 = Minor Conditional Use Permit (Process One), pursuant to Chapter 21.42 of this title. 2 = Conditional Use Permit (Process Two), pursuant to Chapter 21.42 of this title.
3 = Conditional Use Permit (Process Three), pursuant to Chapter 21.42 of this title.
"Acc" indicates use is permitted as an accessory use.
Use P CUP Acc
Accessory buildings/structures, which are customarily
appurtenant to a permitted use (ex. incidental storage facilities (see note 1 below)(defined: Section 21.04.020) x
Adult and/or senior day care and/or recreation facility (private or non-private) 1
Alcoholic treatment center 2
Arcades – coin-operated (subject to Section 21.42.140(B)(15))(defined: Section 21.04.041) 1
Athletic clubs, gymnasiums, and health clubs x
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Banks and other financial institutions without drive-thru
facilities x
Bars, cocktail lounges (subject to Section
21.42.140(B)(20))(defined: Section 21.04.041) 2
Biological habitat preserve (subject to Section 21.42.140(B)(30))(defined: Section 21.04.048) 2
Bowling alley (subject to Section 21.42.140(B)(35))(defined: Section 21.04.057) 1
Car wash (subject to Section 21.42.140(B)(45)) 1
Child day care centers (subject to Chapter 21.83)(defined: Section 21.04.086) x
Clubs – nonprofit, business, civic, professional, etc. (defined:
Section 21.04.090) 1
Delicatessen (defined: Section 21.04.106) x
Drive-thru facilities (excluding restaurants) 1 Drug paraphernalia store (subject to Section 21.42.140(B)(55)) 3
Educational facilities, other (defined: Section 21.04.137)(see
note 2 below) x
Escort service (subject to Section 21.42.140(B)(60))(defined:
Section 21.04.141) 3
Farmworker housing complex, small (subject to Section
21.10.125)(defined: Section 21.04.148.4) 1
Gas stations (subject to Section 21.42.140(B)(65)) 2
Greenhouses > 2,000 square feet (subject to Section 21.42.130(B)(70)) 1
Kiosks, vending carts, and push carts x
Liquor store (subject to Section 21.42.140(B)(85))(defined:
Section 21.04.203) 1
Manufacturing/fabrication of goods (ancillary)(subject to Section 21.31.070)(see note 1 below) x
Medical uses (excluding hospitals), including offices for
medical practitioners, clinics, incidental laboratories, and
pharmacies (prescription only)
x
Mobile buildings (subject to Section
21.42.140(B)(90))(defined: Section 21.04.265) 1
News/ magazine stands (see note 1 below) x
Nightclubs, dance clubs, and other establishments that play
live or recorded music or make regular use of amplified sound 2
Office uses, that provide services directly to consumers, including, but not limited to, banking, financial, insurance, and
real estate services (see note 3 below)
x
Outdoor dining (incidental)(subject to Section
21.26.013)(defined: Section 21.04.290.1) x
Outdoor sales of seasonal agricultural goods (Christmas
trees, pumpkins, and similar products)(subject to Section 21.31.060.B) (see note 1, below) x
Packing/sorting sheds > 600 square feet (subject to Section
21.42.140(B)(70)) 1
Pet shops/pet supplies x
Plant nurseries and nursery supply 1
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Use P CUP Acc
Pool halls, billiard parlors (subject to Section
21.42.140(B)(110))(defined: Section 21.04.292) 2
Public meeting halls, exhibit halls, and museums 2
Public/quasi-public buildings and facilities and accessory
utility buildings/facilities (defined: Section 21.04.297) 2
Radio/television/microwave/broadcast station/tower 2
Recreation facilities 1
Recycling collection facilities, large (subject to Chapter
21.105)(defined: Section 21.105.015) 2
Recycling collection facilities, small (collection, temporary
storage)(subject to Chapter 21.105; see also Section 21.31.080 of this chapter)(defined: Section 21.105.015) 1
Recycling, reverse vending machine (subject to Chapter 21.105)(defined: Section 21.105.015)(see note 1 below) x
Religious reading room (separate from church) 1 Residential uses (subject to Section 21.31.065 of this title) x
Restaurants, cafes, and coffee shops, including take-out only service (excluding drive-thru) x
Retail uses that provide goods sold directly to consumers, and focusing on the needs of the local neighborhood,
including sales of liquor (see note 4 below)
x
Satellite television antennas (subject to Sections 21.53.130
through 21.53.150)(defined: Section 21.04.302) x
Services, provided directly to consumers, and focusing on the needs of the local neighborhood, including, but not limited to, personal grooming, dry cleaning, and tailoring services x
Signs (subject to Chapter 21.41) x
Temporary building/trailer (construction)(subject to Section
21.53.110) x
Theaters (motion picture or live) – indoor 2
Theaters, stages, amphitheaters, outdoor 3
Thrift shops (subject to Section 21.42.140(B)(150)) 1
Veterinary clinic/animal hospital (small animals)(defined: Section 21.04.378) 1
Welfare and charitable services (private or semi-private) with
no permanent residential uses (e.g., Good Will, Red Cross,
Traveler’s Aid)
1
Youth organizations (e.g., Boy Scouts, Girl Scouts, Boys and
Girls Clubs, YMCA, YWCA, except lodgings 1
Wireless communication facilities (subject to Section 21.42.140(B)(165))(defined: Section 21.04.379) 1/2
Notes:
1. Accessory buildings and structures and ancillary uses shall be developed as an integral part of a permitted use within or on the same structure or parcel of land. 2. Educational facilities, other. No individual educational facility shall occupy more than ten
thousand square feet of gross leasable floor area within any local shopping center. 3. Offices. The total floor area of an office uses shall not exceed forty percent of the gross
leasable floor area within any local shopping center.
4. Retail sales may also include those types of goods and services that are typically offered by "community" retail establishments. When "community" retail establishments are
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included in a local shopping center, they shall be subject to the following: the definition of a local shopping center, Section 21.31.020, and the function of the local shopping
center land use class as described in the Carlsbad general plan.
5. Any use meeting the definition of an entertainment establishment, as defined in Section 8.09.020 of the Carlsbad Municipal Code (CMC), shall be subject to the requirements of
CMC Chapter 8.09. SECTION XXVII: That Table A of Section 21.32.010 of the Carlsbad
Municipal Code (M, Industrial Zone, Permitted Uses) is amended to read as follows:
Table A Permitted Uses
In the table, below, subject to all applicable permitting and development requirements of the municipal code:
"P" indicates the use is permitted. (See note 1 below) "CUP" indicates that the use is permitted with approval of a conditional use permit. (See
note 1 below)
1 = Minor Conditional Use Permit (Process One), pursuant to Chapter 21.42 of this title. 2 = Conditional Use Permit (Process Two), pursuant to Chapter 21.42 of this title.
3 = Conditional Use Permit (Process Three), pursuant to Chapter 21.42 of this title.
"Acc" indicates use is permitted as an accessory use.
Use P CUP Acc
Adult businesses (subject to Chapter 21.43 of this title, and Chapter 8.60 of CMC Title 8) x
Airports 3
Alcoholic treatment centers 2
Any industrial use not specifically permitted herein may be considered by the City Planner. x
Any use permitted in the C-1, C-2 and C-M zones is permitted in the M zone, except child day care centers x
Aquaculture (defined: Section 21.04.036) 1
Aquaculture stands (display/sale)(subject to Section 21.42.140(B)(10)) 1
Auto storage/impound yards (i.e., overnight product storage) 2
Auto wrecking yards (defined: Section 21.04.040) 2
Automobile painting. All painting, sanding and baking shall be wholly conducted within a building. x
Bakeries x
Biological habitat preserve (subject to Section 21.42.140(B)(30))(defined: Section 21.04.048 2
Body and fender work, including painting x
Book printing and publishing x Bookbinding x
Bottling plants x
Breweries, including accessory tasting rooms x
Churches, synagogues, temples, convents, monasteries, and
other places of worship 2
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Use P CUP Acc
Clubs – nonprofit, business, civic, professional, etc.) (defined:
Section 21.04.090) 1
Columbariums, crematories, and mausoleums (not within a
cemetery) 2
Creameries x
Dairy products manufacture x
Delicatessen (defined: Section 21.04.106) x
Draying, freighting or trucking yards or terminals x
Drive-thru facilities (excluding restaurants) 1
Dumps (public)(defined: Section 21.04.110) 3
Educational facilities, other (defined: Section 21.04.137) 1
Educational institutions or schools, public/private (defined:
Section 21.04.140) 2
Electric or neon sign manufacture x
Emergency Shelter, no more than 30 beds or persons
(subject to Section 21.32.070)(defined: Section 21.04.140.5) x
Emergency Shelter, more than 30 beds or persons (subject to Section 21.32.070)(defined: Section 21.04.140.5) 3
Fairgrounds 3
Farmworker housing complex, large (subject to Section 21.10.125)(defined: Section 21.04.148.3) 3
Farmworker housing complex, small (subject to Section 21.10.125)(defined: Section 21.04.148.4) x
Feed and fuel yards x
Food products manufacture, storage, and process of, except
lard, pickles, sauerkraut, sausage or vinegar x
Fruit and vegetable canning, preserving, and freezing x
Fruit packing houses x
Furniture manufacture x
Garment manufacturers x
Gas stations (subject to Section 21.42.140(B)(65)) 2
Greenhouses > 2,000 square feet (subject to Section
21.42.140(B)(70)) 1
Hazardous waste facility (subject to Section 21.42.140(B)(75))(defined: Section 21.04.167) 3
Hospitals (defined: Section 21.04.170) 2
Hospitals (mental)(defined: Section 21.04.175) 2
Ice and cold storage plants x
Kennels (defined: Section 21.04.195) 1
Lumber yards x
Machine shops x
Manufacture or prefabricated buildings x
Mills, planing 2
Mini-warehouse, self-storage 2
Mobile buildings (subject to Section
21.42.140(B)(90))(defined: Section 21.04.265) 1
Mortuaries 2
Newspaper/periodical printing and publishing x
Oil and gas facilities (on-shore)(subject to Section
21.42.140(B)(95)) 3
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Use P CUP Acc
Outdoor dining (incidental)(subject to Section
21.26.013)(defined: Section 21.04.290.1) x
Packing/sorting sheds >600 square feet (subject to Section
21.42.140(B)(70)) 1
Parking facilities (primary use)(i.e., day use, short term, non-storage) 1
Pawnshops (subject to Section 21.42.140(B)(105)) 3
Plastics, fabrication from x
Public/quasi-public buildings and facilities and accessory
utility buildings/facilities (defined: Section 21.04.297) 2
Racetracks 3
Radio/television/microwave/broadcast station/tower 2
Recreation facilities 1
Recreational vehicle storage (subject to Section
21.42.140(B)(120))(defined: 21.04.299) 1
Recycling collection facilities, large (subject to Chapter
21.105)(defined: Section 21.105.015) 2
Recycling collection facilities, small (subject to Chapter 21.105)(defined: Section 21.105.015) 1
Recycling process/ transfer facility 2
Rubber, fabrication of products made from finished rubber x
Satellite antennae (>1 per use)(defined: Section 21.04.302) 1
Satellite television antennae (subject to Sections 21.53.130
through 21.53.150) (defined: Section 21.04.302) x
Sheet metal shops x
Shoe manufacturing x
Signs (subject to Chapter 21.41) x
Soap manufacture, cold mix only x
Stadiums 3
Stone monument works x
Tattoo parlors (subject to Section 21.42.140(B)(140)) 3
Textile manufacture x
Thrift shops (subject to Section 21.42.140(B)(150)) 1
Tire rebuilding, recapping and retreading x
Transit passenger bus terminals (bus and train) 2
Transit storage (ex. rolling stock) 2
Truck steam cleaning equipment x
Veterinary clinic/animal hospital (small animals)(defined: Section 21.04.378) 1
Windmills (exceeding height limit of zone)(subject to Section 21.42.140(B)(160)) 2
Wireless communication facilities (subject to Section 21.42.140(B)(165)) (defined: Section 21.04.379) 1/2
Notes: 1. Any use meeting the definition of an entertainment establishment, as defined in Section 8.09.020 of the Carlsbad Municipal Code (CMC), shall be subject to the requirements of
CMC Chapter 8.09.
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SECTION XXIX: That Table A of Section 21.33.020 of the Carlsbad
Municipal Code (O-S, Open Space Zone, Permitted Uses) is amended to read as follows:
Table A
Permitted Uses In the table, below, subject to all applicable permitting and development requirements of the municipal code:
"P" indicates the use is permitted. (See note 1 below) "CUP" indicates that the use is permitted with approval of a conditional use permit. (See
note 1 below) 1 = Minor Conditional Use Permit (Process One), pursuant to Chapter 21.42 of this title. 2 = Conditional Use Permit (Process Two), pursuant to Chapter 21.42 of this title.
3 = Conditional Use Permit (Process Three), pursuant to Chapter 21.42 of this title. "Acc" indicates use is permitted as an accessory use.
Use P CUP Acc
Aquaculture (defined: Section 21.04.036) 1
Aquaculture stands (display/sale)(subject to Section 21.42.140(B)(10)) 1
Athletic fields 2
Barbeque and fire pits x
Beaches and shoreline recreation, public x
Bicycle paths x
Biological habitat preserve (subject to Section
21.42.140(B)(30))(defined: Section 21.04.048) 2
Campsites (overnight)(subject to Section 21.42.140(B)(40)) 2
Cemeteries (may include accessory mausoleums and columbariums) 3
Changing rooms x
City picnic areas x
City playgrounds x
Clubhouses x
Cultural activities and facilities 1
Educational institutions or schools, public/private (defined:
Section 21.04.140) 2
Entertainment activities and facilities 1
Fairgrounds 3
Fallow lands x
Farmworker housing complex, small (subject to Section 21.10.125)(defined: 21.04.148.4) x
Fencing x
Field and seed crops x
Golf courses 3
Greenhouses (2,000 square feet maximum) x
Greenhouses > 2,000 square feet (subject to Section
21.42.140(B)) 1
Horse trails x
Horticultural crops x
Marinas 2
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Use P CUP Acc
Mobile buildings (subject to Section
21.42.140(B)(90))(defined: Section 21.04.265) 1
Open space and conservation easements x
Orchards and vineyards x
Other similar accessory uses and structures required for the
conduct of the permitted uses x
Packing/sorting sheds (600 square feet maximum) x
Packing/sorting sheds >600 square feet (subject to Section
21.42.140(B)(70)) 1
Park, public (subject to Section 21.42.140(B)(100)) 2
Parking areas x
Pasture and rangeland x
Patios x
Picnic areas (private) 1
Playground equipment x
Playgrounds (private) (see note 2 below) 1
Pool filtering equipment x
Public access easement, non-vehicular x
Public lands x
Public restrooms x
Public/quasi-public buildings and facilities and accessory utility buildings/facilities (defined: Section 21.04.297) 2
Radio/television/microwave/broadcast station/tower 2
Recreation facilities 1
Recycling collection facilities, large (subject to Chapter 21.105)(defined: Section 21.105.015) 2
Recycling collection facilities, small (subject to Chapter 21.105)(defined: Section 21.105.015) 1
Scenic easements x
Signs x
Slope easements x
Stables/riding academies 2
Stadiums 3
Stairways x
Swimming pools (see note 2 below) 1
Tennis courts (see note 2 below) 1
Theaters, stages, amphitheaters – outdoor 3
Transportation rights-of-way x
Tree farms x
Truck crops x
Vista points x
Windmills (exceeding height limit of zone)(subject to Section 21.42.140(B)(160)) 2
Wireless communication facilities (subject to Section
21.42.140(B)(165))(defined: Section 21.04.379) 1/2
Zoos (private)(subject to Section 21.42.140(B)(170)) 2
Notes:
1. Any use meeting the definition of an entertainment establishment, as defined in Section 8.09.020 of the Carlsbad Municipal Code (CMC), shall be subject to the requirements of
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CMC Chapter 8.09. 2. A conditional use permit is required unless the use is permitted in conjunction with
another permit such as a Master Plan, Specific Plan, or Planned Development.
SECTION XXX: That Section 21.33.060 (Building height, O-S, Open Space
Zone) is proposed to be amended as follows:
21.33.060 Building Height No building or structure in the O-S zone district shall exceed twenty-five feet in height unless
a higher elevation is approved by a minor conditional use permit issued by the City Planner.
SECTION XXXI: That Section 21.34.010(1) (Intent and Purpose, P-M,
Planned Industrial Zone) is proposed to be amended as follows:
The intent and purpose of this chapter is to accomplish the following:
(1) Allow the location of business and light industries engaged primarily in research and/or
testing, compatible light manufacturing, and business and professional offices; allow
certain commercial/retail uses which cater to, support, or are accessory to the uses allowed in this zone; and allow flexibility for other select uses (i.e., athletic clubs/gyms,
churches, daycare centers, recreation facilities, etc.) when found to be compatible with
the P-M zone through the issuance of a Conditional Use Permit.
SECTION XXXII: That Table A of Section 21.34.020 (P-M, Planned Industrial
Zone, Permitted Uses) is amended to read as follows:
Table A
Permitted Uses
In the table, below, subject to all applicable permitting and development requirements of the municipal code:
"P" indicates the use is permitted. (See note 2 below)
"CUP" indicates that the use is permitted with approval of a conditional use permit. (See
note 2 below) 1 = Minor Conditional Use Permit (Process One), pursuant to Chapter 21.42 of this title.
2 = Conditional Use Permit (Process Two), pursuant to Chapter 21.42 of this title.
3 = Conditional Use Permit (Process Three), pursuant to Chapter 21.42 of this title. "Acc" indicates use is permitted as an accessory use.
Use P CUP Acc
Accessory uses and structures where related and incidental
to a permitted use x
Accountants (see note 1 below) x
Administrative offices associated with and accessory to a
permitted use x
Administrative offices (see note 1 below) x
Adult businesses (subject to Chapter 21.43 of this title and
Chapter 8.60 of CMC Title 8) x
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Use P CUP Acc
Advertising agencies (see note 1 below) x
Advertising – direct mail (see note 1 below) x
Agricultural consultants (see note 1 below) x
Air courier service (see note 1 below) x
Airline offices, general offices (see note 1 below) x
Airports 3
Alcoholic treatment centers 2
Answering bureaus (see note 1 below) x
Appraisers (see note 1 below) x
Aquaculture (defined: Section 21.04.036) 1
Aquaculture stands (display/sale)(subject to Section 21.42.140(B)(10)) 1
Arbitrators (see note 1 below) x
Architect design and planners (see note 1 below) x
Athletic clubs, gymnasiums, health clubs, and physical
conditioning businesses 1
Attorney services (no legal clinics)(see note 1 below) x
Audio-visual services (see note 1 below) x
Auto storage/ impound yards (i.e., overnight product storage) 2
Auto wrecking yards (defined: Section 21.04.040) 2
Banks and other financial institutions without drive-thru
facilities x
Billing service (see note 1 below) x
Biological habitat preserve (subject to Section
21.42.140(B)(30))(defined: Section 21.04.048) 2
Blueprinters (see note 1 below) x
Book printing and publishing x
Bookbinding x
Bookkeeping service (see note 1 below) x
Breweries (see “Retail uses” for allowable area for tasting/sampling rooms, etc.) 1
Building designers (see note 1 below) x
Building inspection service (see note 1 below) x
Burglar alarm systems (see note 1 below) x
Business consultants (see note 1 below) x
Business offices for professional and labor organizations (see
note 1 below) x
Child day care center (subject to Chapter 21.83)(defined: Section 21.04.086) 2
Churches, synagogues, temples, convents, monasteries, and other places of worship 2
Civil engineers (see note 1 below) x
Clubs – nonprofit, business, civic, professional, etc. (defined: Section 21.04.090) 1
Collection agencies (see note 1 below) x
Columbariums, crematories, and mausoleums (not within a cemetery) 2
Commercial artists (see note 1 below) x
Commodity brokers (see note 1 below) x
Communications consultants (see note 1 below) x
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Use P CUP Acc
Computer programmers (see note 1 below) x
Computer service (time-sharing) x
Computer systems (see note 1 below) x
Construction manager (see note 1 below) x
Corporate headquarters office (see note 1 below) x
Corporate travel agencies and bureaus (see note 1 below) x
Credit rating service (see note 1 below) x
Data communication service (see note 1 below) x
Data processing service (see note 1 below) x
Data systems consultants (see note 1 below) x
Delicatessen (defined: Section 21.04.106) x
Diamond and gold brokers (see note 1 below) x
Display designers (see note 1 below) x
Display services (see note 1 below) x
Drafting services (see note 1 below) x Drive-thru facilities (excluding restaurants) 1
Economics research (see note 1 below) x
Educational consultants (see note 1 below) x
Educational facilities, other (defined: Section 21.04.137) 1
Educational institutions or schools, public/private (defined:
Section 21.04.140) 2
Educational research (see note 1 below) x
Electric contractors (sales and administrative offices only)(see
note 1 below) x
Electronics consultants (see note 1 below) x
Emergency Shelter, no more than 30 beds or persons
(subject to Section 21.32.070)(defined: Section 21.04.140.5) x
Emergency Shelter, more than 30 beds or persons (subject to Section 21.32.070)(defined: Section 21.04.140.5) 3
Energy management consultants (see note 1 below) x
Engineering offices (see note 1 below) x
Environmental services (see note 1 below) x
Escrow service (see note 1 below) x
Estimators (see note 1 below) x
Executive search office (see note 1 below) x
Executive training consultants (see note 1 below) x
Export consultants x
Fairgrounds 3
Farmworker housing complex, small (subject to Section
21.10.125)(defined: Section 21.04.148.4) 1
Financial planners and consultants (see note 1 below) x
Fire protection consultants (see note 1 below) x
Foreclosure assistance (see note 1 below) x
Foundation-educational research (see note 1 below) x
Franchise services (see note 1 below) x
Fund-raising counselors (see note 1 below) x
Gas stations (subject to Section 21.42.140(B)(65)) 2
Gemologists (see note 1 below) x
General contractors (no equipment storage permitted)(see
note 1 below) x
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Use P CUP Acc
Geophysicists (see note 1 below) x
Government contract consultants (see note 1 below) x
Government facilities and offices x
Governmental agencies (general and administrative offices only)(see note 1 below) x
Graphics designers (see note 1 below) x
Greenhouses >2,000 square feet (subject to Section 21.42.140(B)(70)) 1
Hazardous waste facility (subject to Section 21.42.140(B)(75))(defined: Section 21.04.167) 3
Hospitals (defined: Section 21.04.170) 2
Hospitals (mental)(defined: Section 21.04.175) 2
Hotels and motels (subject to Section 21.42.140(B)(80)) 2
Human factors research and development (see note 1 below) x
Human services organization (administrative offices only)(see
note 1 below) x
Importers (see note 1 below) x
Incorporating agency (see note 1 below) x
Industrial medical (workers’ comp.)(see note 1 below) x
Information bureaus (see note 1 below) x
Insurance companies (administrative offices only)(see note 1
below) x
Interior decorators and designers (no merchandise storage
permitted)(see note 1 below) x
Investigators (see note 1 below) x
Investment advisory (see note 1 below) x
Investment securities x
Kennels (defined: Section 21.04.195) 1
Labor relations consultants (see note 1 below) x
Leasing services (see note 1 below) x
Lecture bureaus (see note 1 below) x
Literary agents (see note 1 below) x
Magazine subscription agents (see note 1 below) x
Mailing list service (see note 1 below) x
Management consultants (see note 1 below) x
Manufacturers agents (see note 1 below) x
Manufacturing and processing facilities x
Marketing research and analysis (see note 1 below) x
Message receiving services (see note 1 below) x
Mini-warehouses/self-storage 2
Mobile buildings (subject to Section
21.42.140(B)(90))(defined: Section 21.04.265) 1
Mutual funds (see note 1 below) x
Newspaper/periodical printing and publishing x
Oil and gas facilities (on-shore)(subject to Section 21.42.140(B)(95)) 3
On-site recreational facilities intended for the use of
employees of the planned industrial zone x
Outdoor dining (incidental)(subject to Section
21.26.013)(defined: Section 21.04.290.1) x
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Use P CUP Acc
Packing/sorting sheds >600 square feet (subject to Section
21.42.140(B)(70)) 1
Parking facilities (primary use)(i.e., day use, short-term, non-
storage) 1
Patent searchers (see note 1 below) x
Pension and profit sharing plans (see note 1 below) x
Personal service bureau (see note 1 below) x
Photographic (industrial and commercial only) (see note 1
below) x
Printing services (see note 1 below) x
Product development and marketing (see note 1 below) x
Public meeting halls, exhibit halls, and museums 2
Public relations services (see note 1 below) x
Public utility companies (see note 1 below) x
Public/quasi-public buildings and facilities and accessory
utility buildings/facilities (defined: Section 21.04.297) 2
Publicity services (see note 1 below) x
Publishers representatives (see note 1 below) x
Racetracks 3
Radio communications (see note 1 below) x
Radio/television/microwave/broadcast tower 2
Real estate brokers (commercial and industrial only)(see note 1 below) x
Real estate developers (see note 1 below) x
Recording service (see note 1 below) x Recreation facilities 1
Recreational vehicle storage (subject to Section 21.42.140(B)(120))(defined: Section 21.04.299) 1
Recycling collection facilities, large (subject to Chapter 21.105)(defined: Section 21.105.015) 2
Recycling collection facilities, small (subject to Chapter
21.105)(defined: Section 21.105.015) 1
Recycling process/transfer facility 2
Relocation service (see note 1 below) x
Repossessing service (see note 1 below) x
Research and testing facilities x
Research labs (see note 1 below) x
Residential uses in the P-M zone (subject to Section 21.42.140(B)(135)) 3
Restaurants (bona fide public eating establishment) (defined: Section 21.04.056) 1
Retail, accessory use, including tasting/sampling rooms, showrooms, miscellaneous retail, up to 20% of the gross floor
area of the building or suite (as applicable) or 2,000 square feet, whichever is less (see note 3 below)
1
Retail, primary use (see note 4 below) 2
Retirement planning consultants (see note 1 below) x
Safety consultants (see note 1 below) x
Sales training and counseling (see note 1 below) x
Satellite antennae (>1 per use)(defined: Section 21.04.302) 1
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Use P CUP Acc
Satellite television antennae (subject to Sections 21.53.130
through 21.53.150)(defined: 21.04.302) x
Searchers of records (see note 1 below) x
Securities systems (see note 1 below) x
Security firms (see note 1 below) x
Signs (subject to Chapter 21.41) x
Sound system consultants (see note 1 below) x
Space planning consultants (see note 1 below) x
Space research and developments (see note 1 below) x
Stadiums 3
Stock and bond brokers (see note 1 below) x
Storage, wholesale, and distribution facilities x Surveyors (see note 1 below) x
Tax service and consultants (see note 1 below) x
Telephone cable companies (see note 1 below) x
Telephone systems (see note 1 below) x
Title companies (see note 1 below) x
Tour operators (see note 1 below) x
Trademark consultants (see note 1 below) x
Transit passenger terminals (bus and train) 2
Translators and interpreters (see note 1 below) x
Trust companies (see note 1 below) x
Veterinary clinic/animal hospital (small animals)(defined:
Section 21.04.378) 1
Windmills (exceeding height limit of zone)(subject to Section
21.42.140(B)(160)) 2
Wireless communication facilities (subject to Section 21.42.140(B)(165))(defined: Section 21.04.379) 1/2
Notes:
1. Business and professional offices which are primarily not retail in nature and are compatible with the industrial uses in the vicinity.
2. Any use meeting the definition of an entertainment establishment, as defined in Section
8.09.020 of the Carlsbad Municipal Code (CMC), shall be subject to the requirements of CMC Chapter 8.09. 3. The retail use shall be accessory to the permitted use and wholly contained within the
building. All products for retail sale shall be produced, distributed, and/or warehoused on the premises. No outdoor display of merchandise or retail sales shall be permitted
unless customarily conducted in the open. Parking for the accessory retail use shall be
determined based on the parking requirement for the primary use pursuant to CMC Chapter 21.44.
4. A primary retail use shall cater to or support the industrial and office uses in the P-M
zone.
SECTION XXXIII: That Table A of Section 21.36.020 (P-U, Public Utility Zone, Permitted
uses) is amended to read as follows:
Table A
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Permitted Uses
In the table, below, subject to all applicable permitting and development requirements of
the municipal code:
"P" indicates the use is permitted. (See note 1 below) "CUP" indicates that the use is permitted with approval of a conditional use permit. (See note 1 below)
1 = Minor Conditional Use Permit (Process One), pursuant to Chapter 21.42 of this title. 2 = Conditional Use Permit (Process Two), pursuant to Chapter 21.42 of this title. 3 = Conditional Use Permit (Process Three), pursuant to Chapter 21.42 of this title.
"Acc" indicates use is permitted as an accessory use.
Use P CUP Acc
Accessory uses and structures x
Airports 3
Aquaculture (defined: Section 21.04.036) 1
Aquaculture stands (display/sale)(subject to Section
21.42.140(B)(10)) 1
Biological habitat preserve (subject to Section
21.42.140(B)(30))(defined: Section 21.04.048) 2
Crop production x
Energy transmission facilities, including rights-of-way and
pressure control or booster stations for gasoline, electricity, natural gas, synthetic natural gas, oil or other forms of
energy sources
x
Fairgrounds 3
Farmworker housing complex, small (subject to Section
21.10.125)(defined: Section 21.04.148.4) x
Floriculture x
Generation of electrical energy, primary, by a government
entity or by a company authorized or approved for such use by the California Public Utilities Commission outside the City’s Coastal Zone only
x
Generation of electric energy, accessory, by a government
entity or by a company authorized or approved for such use
by the California Public Utilities Commission in or outside the City’s Coastal Zone and limited to a generating capacity
of fewer than 50 megawatts. Generating capacity of 50 megawatts or more is prohibited in the Coastal Zone
x
Governmental maintenance and service facilities x
Greenhouses (2,000 square feet maximum) x
Greenhouses >2,000 square feet (subject to Section
21.42.140(B)(70)) 1
Hazardous waste facility (subject to Section 21.42.140(B)(75)) (defined: Section 21.04.167) 3
Mobile buildings (subject to Section 21.42.140(B)(90))(defined: Section 21.04.265) 1
Nursery crop production x
Packing/sorting sheds >600 square feet (subject to Section 21.42.140(B)(70)) 1
Pasture and range land x
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Use P CUP Acc
Processing, using and storage of: (a) natural gas, (b) liquid
natural gas, (c) domestic and agricultural water supplies; x
Public utility district maintenance, storage and operating
facilities x
Radio/television/microwave/broadcast station/tower 2
Recreational facilities (public or private, passive or active) x
Recycling collection facilities, large (subject to Chapter
21.105)(defined: Section 21.105.015) 2
Recycling collection facilities, small (subject to Chapter
21.105)(defined: Section 21.105.015) 1
Recycling process/transfer facility 2
Satellite television antennae (subject to Sections 21.53.130
through 21.53.150)(defined: 21.04.302) x
Signs (subject to Chapter 21.41) x
Stadiums 3
Transit passenger terminals (bus and train) 2
Transmission of electrical energy if conducted by a
government entity or by a company authorized or approved for such use by the California Public Utilities Commission x
Tree farms x
Truck farms x
Using and storage of fuel oils x
Wastewater treatment, disposal or reclamation facilities x
Windmills (exceeding height limit of zone)(subject to Section
21.42.140(B)(160)) 2
Wireless communication facilities (subject to Section
21.42.140(B)(165))(defined: Section 21.04.379) 1/2
Note: 1. Any use meeting the definition of an entertainment establishment, as defined in Section
8.09.020 of the Carlsbad Municipal Code (CMC), shall be subject to the requirements of CMC Chapter 8.09.
SECTION XXXIV: That the legend of Table A of Section 21.37.020 (RMHP,
Residential Mobile Home Park Zone, Permitted uses) is amended to read as follows:
Table A
Permitted Uses
In the table, below, subject to all applicable permitting and development requirements of
the municipal code:
"P" indicates the use is permitted. (See note 4 below)
"CUP" indicates that the use is permitted with approval of a conditional use permit. (See
note 4 below) 1 = Minor Conditional Use Permit (Process One), pursuant to Chapter 21.42 of this title.
2 = Conditional Use Permit (Process Two), pursuant to Chapter 21.42 of this title. 3 = Conditional Use Permit (Process Three), pursuant to Chapter 21.42 of this title. "Acc" indicates use is permitted as an accessory use.
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SECTION XXXV: That Table A of Section 21.37.020 (RMHP, Residential Mobile
Home Park Zone, Permitted uses) is amended as follows:
Use P CUP Acc
Golf courses 3
SECTION XXXVI: That Table A of Section 21.39.020 (L-C, Limited Control Zone,
Permitted uses) is amended to read as follows:
Table A
Permitted Uses
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. 1 = Minor Conditional Use Permit (Process One), pursuant to Chapter 21.42 of this title.
2 = Conditional Use Permit (Process Two), pursuant to Chapter 21.42 of this title. 3 = Conditional Use Permit (Process Three), pursuant to Chapter 21.42 of this title.
"Acc" indicates use is permitted as an accessory use.
Use P CUP Acc
Accessory uses and structures (see note 4 below) x
Animals and poultry – small (less than 25)(see note1 below) x
Cattle, sheep, goats, and swine production (see note 2
below) x
Crop production x
Dwelling, single-family (farm house) x
Family day care home (large)(defined: Section 21.04.147)(subject to Chapter 21.83) x
Family day care home (small)(defined: Section 21.04.148)
(subject to Chapter 21.83) x
Farmworker housing complex, small (subject to Section
21.10.125)(defined: Section 21.04.148.4) x
Floriculture x
Greenhouses (2,000 square feet maximum) x
Guest house x
Horses, private use x
Mobile home (see note 5 below) x
Nursery crop production x
Other uses or enterprises similar to the above customarily carried on in the field of agriculture x
Produce/flower stands for display and sale of products produced on the same premises (see note 3 below) x
Satellite television antennae (subject to Sections 21.53.130
through 21.53.150)(defined: 21.04.302) x
Signs (subject to Chapter 21.41) x
Tree farms x
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Use P CUP Acc
Truck farms x
Wildlife refuge x
Notes:
1. Small animals and poultry: Provided that not more than twenty-five of any one or combination thereof shall be kept within seventy-five feet of any habitable structure, nor shall they be located within three hundred feet of habitable structure on an adjoining
parcel zoned for residential uses, nor shall they be located within one hundred feet of a parcel zoned for residential uses when a habitable structure is not involved. In any event, the distance from the parcel zoned for residential uses shall be the greater of the
distances so indicated. 2. Cattle, sheep, goats, and swine production: Provided that the number of any one or combination of said animals shall not exceed one animal per half acre of lot area. Said
animals shall not be located within seventy-five feet of any habitable structure, nor shall they be located within three hundred feet of a habitable structure on an adjoining parcel zoned for residential uses, nor shall they be located within one hundred feet of a parcel
zoned for residential uses when a habitable structure is not involved. In any event, the distance from the parcel zoned for residential uses shall be the greater of the distances
so indicated.
3. Produce/flower stands: Provided that the floor area shall not exceed two hundred square feet and is located not nearer than twenty feet to any street or highway.
4. Accessory uses/structures include, but are not limited to, private garages, children's
playhouses, radio and television receiving antennas, windmills, silos, tank houses, shops, barns, offices, coops, lath houses, stables, pens, corrals, and other similar
accessory uses and structures required for the conduct of the permitted uses. 5. Mobile home: Certified under the National Mobile Home Construction and Safety Standards Act of 1974 (42 U.S.C. Section 5401 et seq.) on a foundation system
pursuant to Section 18551 of the State Health and Safety Code. SECTION XXXVII: That Section 21.42.140.B.80(a) (Minor Conditional Use Permits
and Conditional Use Permits, Development Standards and Special Regulations, “Hotel and
motel uses”) of the Carlsbad Municipal Code is amended as follows:
a. The application shall include the submittal of an architectural theme, colored elevations
and site plan.
SECTION XXXVIII: That Section 21.42.140.B.90(b) (Minor Conditional Use Permits
and Conditional Use Permits, Development Standards and Special Regulations, “Mobile
Buildings”) of the Carlsbad Municipal Code is amended as follows:
b. The occupancy shall be limited to a five-year term, unless extended by the appropriate decision-maker.
SECTION XXXIX: That Section 21.53.140(e)(3)(A) (Uses Generally, Satellite
television antenna- Generally) of the Carlsbad Municipal Code is amended as follows:
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(A) In the PM, CM and M zones, more than one satellite antenna per use may be permitted with a minor conditional use permit. Installation of said antennae shall
comply with subsections 21.53.130(e)(1) and 21.53.130(e)(2) listed above.
SECTION XL : That the preamble to Chapter 21.208 (Commercial/ Visitor-Serving
Overlay Zone) of the Carlsbad Municipal Code is amended as follows:
Chapter 21.208 COMMERCIAL/VISITOR-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 Decision-making authority. 21.208.080 Preliminary review submittal and meeting—Application for conditional use
permit.
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 licenses.
21.208.140 Administrative enforcement powers.
21.208.150 Administrative notice, hearing, and appeal procedures. 21.208.160 Judicial enforcement.
21.208.170 Remedies not exclusive.
21.208.180 Severability.
SECTION XLI: That Section 21.208.010 (Intent and purpose, Commercial/Visitor-
Serving Overlay Zone) of the Carlsbad Municipal Code is amended as follows:
21.208.010 Intent and purpose.
The intent and purpose of the commercial/visitor-serving overlay zone is to supplement
the underlying zoning by providing additional regulations for commercial/visitor-serving uses which require a conditional use permit in the underlying zone. The overlay zone is intended and
designed to:
A. Control the location, operation and appearance of newly proposed commercial/visitor-serving uses within the overlay zone to prevent the over-proliferation of
certain uses as well as to ensure high quality appearance and operation;
B. Maximize public disclosure about new commercial/visitor-serving use proposals located within the overlay zone;
C. Design compatibility, vehicular circulation and shuttle bus/alternative
transportation options into commercial/visitor-serving uses within the overlay zone; D. Provide for the review of building materials and colors and establish architectural
criteria that discourages the use of corporate, standardized building forms, materials and styles; E. Formalize the use of conditional use permits for all commercial/visitor-serving uses within the overlay zone and emphasize the aspects of performance monitoring and
enforcement;
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F. Require commercial/visitor-serving conditional uses as listed in the Planned Industrial (P-M) Chapter of this title for underlying P-M zoned properties within the overlay zone
to be subject to the conditional use permit requirements and provisions of this chapter, except
that such uses shall be consistent with the intent and purpose of the P-M zone; and G. Establish procedures in the overlay zone to provide for effective code
enforcement. SECTION XLII: That Section 21.208.040 (Permitted uses, Commercial/ Visitor-
Serving Overlay Zone) of the Carlsbad Municipal Code is amended as follows:
21.208.040 Permitted uses. Permitted uses in the overlay zone which are not subject to the provisions of this chapter are the commercial/visitor-serving uses authorized as permitted uses by the underlying
zone. Those uses shall be developed subject to the development standards and entitlement process required by the underlying zoning. In addition, a roadside stand for
the display and sale of products produced on the same premises is a permitted use
provided that the floor area shall not exceed two hundred square feet and is located a minimum of twenty feet from any street, highway, or city right-of-way.
SECTION XLIII: That Section 21.208.050 (Uses permitted by a conditional use
permit, Commercial/ Visitor-Serving Overlay Zone) of the Carlsbad Municipal Code is amended
as follows:
21.208.050 Uses permitted by a conditional use permit
Commercial/visitor-serving uses which require a conditional use permit in the underlying
zone may be permitted within the overlay zone by approval of a minor conditional use permit pursuant to this chapter, excluding outdoor dining (incidental), which is subject to an
administrative permit pursuant to Section 21.26.013 of this title. Conditional uses otherwise allowed by the underlying zoning designations within the overlay zone that are not commercial/visitor-serving uses, are not subject to this chapter. Where the underlying zoning
authorizes conditionally permitted uses (other than commercial/visitor-serving uses), Chapter 21.42, not this chapter, shall apply.
SECTION XLIV: That Section 21.208.060 (Prohibited uses, Commercial/ Visitor-
Serving Overlay Zone) of the Carlsbad Municipal Code is amended as follows:
21.208.060 Prohibited uses.
Notwithstanding any underlying zoning provision, the following uses are prohibited in the
overlay zone: A. Stand-alone liquor stores where the retail sale of liquor and/or alcoholic
beverages is the primary form of business;
B. The outdoor storage or display of merchandise, goods or services for sale; and C. Except as authorized pursuant to Chapter 8.17 and/or 8.32 of this code, or a
conditional use permit issued pursuant to this chapter, no person shall sell or offer to sell goods, merchandise or services from, or by means of, any temporary display, vehicle, platform, wagon or pushcart upon any public street, privately owned property, public parking lot, city right-of-way
or sidewalk within the overlay zone.
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SECTION XLV: That Section 21.208.070 (Approval process, Commercial/ Visitor-
Serving Overlay Zone) of the Carlsbad Municipal Code is amended as follows:
21.208.070 Decision-making authority.
The decision-making authority for all conditionally-permitted commercial/visitor-serving uses shall be determined by the underlying zone.
SECTION XLVI: That Section 21.208.080 (Pre-filing submittal and meeting –
Application for conditional use permit, Commercial/ Visitor-Serving Overlay Zone) of the
Carlsbad Municipal Code is amended as follows:
21.208.080 Preliminary review submittal and meeting—Application for conditional use permit. A. If it is determined that a conditional use permit is required for a
commercial/visitor-serving use within the overlay zone, prior to filing an application for a
conditional use permit, the applicant shall submit an application for a preliminary review and subsequently attend a preliminary review meeting.
1. Preliminary review submittal. The applicant shall file a preliminary review
application and shall follow the submittal requirements in accordance with the planning division's preliminary review process accompanied by the applicable fee, as established by the
city council by resolution. The submittal shall demonstrate compliance with this chapter,
including the proposal of an architectural style as required by Section 21.208.100(F). 2. Preliminary review meeting. Within thirty days of the applicant's preliminary
review submittal, the City Planner shall respond with a written city response letter, thoroughly
analyzing the proposal, establishing issues for resolution, and setting a time, date and place to conduct a preliminary review meeting wherein the owner and/or applicant, staff planner and staff
engineer would attend to discuss any outstanding issues or questions.
3. Primary purpose: discuss the city response letter, identify issues to be resolved and establish final application requirements.
B. Good faith participation in the preliminary review meeting is necessary for the submittal of a formal conditional use permit application. C. Upon completion of the preliminary review submittal and meeting, the applicant
may file a formal application for a conditional use permit pursuant to Chapter 21.42. The application shall be accompanied by application(s) for any other required discretionary
entitlement for the project (including, but not limited to, a coastal development permit).
Application for, and approval of, a conditional use permit pursuant to this chapter shall satisfy all requirements for a site development plan for the project if such is required by the underlying
zoning. If not otherwise required, in addition to the application requirements for a conditional use
permit (including special requirements in this chapter) formal conditional use permit application exhibits subject to this chapter shall show the following:
1. All State and Uniform Building Code requirements for disabled parking spaces
and related pathways; 2. All proposed rooftop equipment, mechanical enclosures and any Uniform
Building Code requirements relating to rooftop access, ladders or other rooftop structural
features.
SECTION XLVII: That Section 21.208.100.A(2b) (Development standards, time
share projects, Commercial/ Visitor-Serving Overlay Zone) of the Carlsbad Municipal Code is
amended as follows:
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2. Time Share Projects. Lock-off units require 1.5 spaces per unit; standard units require 1.2 spaces per unit. In addition, time share projects shall be subject to the following
requirements:
a. Adequate shuttle bus circulation and passenger drop-off/pick-up facilities to be developed on a case-by-case, site-by-site basis;
b. An interim parking/unit marketing plan which will address the initial sales efforts to sell time share units and the corresponding need to provide additional interim parking while sales are ongoing. Unless otherwise specified in the underlying zone, the interim parking/unit
marketing plan shall be approved by the applicable decision-making authority as one of the approving project exhibits and shall indicate where interim parking is to be provided, the amount of spaces involved, adequate screening and landscaping, and the conversion or integration of
the interim parking site into the overall time share project. SECTION XLVIII: That Sections 21.208.100.F(2) and 21.208.100.F(3) (Development
standards, Architectural Style, Commercial/ Visitor-Serving Overlay Zone) of the Carlsbad
Municipal Code is amended as follows:
2. Spanish/Mediterranean Architectural Style. This style involves the uses of
Spanish/mission style clay roof tiles on a rectangular building form, white stucco walls, arches and arched doorways with wooden beams, low pitched roofs, multi-paned windows and the use
of glazed/decorative tiles and tile paving.
3. Alternative Architectural Styles. An alternative architectural style may be proposed on a conditional use permit application if it is specifically supported by the
enforcement official at the conclusion of the preliminary review procedures outlined in Section
21.208.080. This alternative architectural style may accommodate a reasonable version of a user's corporate architectural style, provided the corporate architectural elements do not
dominate the building design so as to create incompatibility in the area; or detract from the
overlay zone's objective of ensuring high quality appearances for commercial/visitor-serving uses.
SECTION XLIX: That Section 21.208.100.H(2) (Uses Separation Standards,
Motels/Hotels) of Carlsbad Municipal Code is deleted.
SECTION L: That Section 21.208.110.D (Required findings, Alternative
architectural style, Commercial/ Visitor-Serving Overlay Zone) of the Carlsbad Municipal Code
is amended as follows:
D. For gas stations, motel, hotel or restaurant uses on a planned industrial zoned
property: That the proposed use is commercial in nature and therefore subject to the overlay zone; however, the proposed use shall be consistent with the intent and purpose of the P-M
zone.
SECTION LI: That Section 21.208.130 (Existing uses, building permits and
business licenses, Commercial/ Visitor-Serving Overlay Zone) of the Carlsbad Municipal Code
is amended as follows:
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For existing uses that propose a change in use, apply for a building permit or apply for a new business license, the provisions of this chapter shall not apply provided that all of the following
criteria are met: the proposal is consistent with the uses allowed by the site development plan or
specific plan, if any, applicable to the subject site; the proposal does not invoke a higher parking standard pursuant to Section 21.208.100(A) of this chapter; and, the proposal does not involve
an increase of greater than two hundred square feet to existing square footage. For such proposals, the additional two hundred square feet of area shall be parked subject to the parking standards of this chapter. Existing structures that propose demolition and redevelopment may
be re-built to the same square footage as allowed by a valid entitlement prior to the effective date of the ordinance codified in this chapter, or up to an additional two hundred square feet, without being subject to the requirements of this chapter, provided there is no increase in the
degree of nonconformity with regards to building setbacks, parking or signage. If a higher parking standard, or more than two hundred square feet of increased square footage is involved for commercial/visitor-serving uses which require a conditional use permit in the underlying
zone, the new, or intensified, portion of the existing use shall be subject to the approval of a minor conditional use permit consistent with the standards of this chapter. Existing sign
programs and related sign permits are not subject to the provisions of this overlay zone, except
that if any existing use proposes an amendment to its existing, approved sign program to increase overall signage allowance, or to increase or alter approved sign locations, then the
entire sign program including existing signs shall be subject to the sign standards of Section
21.208.100 (B) of this chapter pursuant to the normal processing of such sign program amendment.
EFFECTIVE DATE: 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.
(Notwithstanding the preceding, this ordinance shall not be effective until approved by the
California Coastal Commission.)
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
Council on the day of 2013, and thereafter.
///
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PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the day of 2013, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED AS TO FORM AND LEGALITY
CELIA A. BREWER, City Attorney
MATT HALL, Mayor
ATTEST:
BARBARA ENGLESON, City Clerk
(SEAL)