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HomeMy WebLinkAbout1999-06-01; City Council; NS-485; CMC 21.208 adds - Commercial/visitor-serving overlay zone...0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDNANCE NO. NS-485 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 21 OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF CHAPTER 21.208 AND AMENDING THE ZONING MAP TO LAY ZONE ESTABLISH THE COMMERCIALNISITOR-SERVING OVER- CASE NAME: COMMERCIALNISITOR-SERVING OVERLAY ZONE CASE NO.: ZCA 98-O1/ZC 99-03 WHEREAS, the City Council passed a motion on June 24, 1997, direc study the establishment of an appropriate mechanism or process to make the Councj part of the approval process for commercial projects in the general vicinity of the L theme park; and WHEREAS, the City Council’s stated objectives were to prevent negz that could arise from unchecked commercial development such as signage, architecture, traffic and circulation impacts, proliferation of certain uses and the PO degradation of quality of life; and WHEREAS, on September 2, 1997, the City Council adopted Urgenc NS-418 to require Council’s immediate approval for commercial projects within thl coverage area of the urgency ordinance; and WHEREAS, on October 15, 1997, the City Council extended t Ordinance and directed staff to develop a commercialhisitor-serving overlay zone; a.~ WHEREAS, staff has performed research, solicited input from affec owners, participated in field trips and conducted public workshops with the CiQ develop the overlay zone per Council’s direction; and WHEREAS, the proposed overlay zone responds to the initial Council by providing an entitlement process that is unique in the City, requires ( approval, and establishes certain criteria and standards that are unique to the overlay designed to promote high quality commercial projects that function and operate ade time; and 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 l WHEREAS, the overlay zone’s coverage area, permit process and ( standards have been subject to public review and input and refinements have been ordinance to respond to various concerns so it will be a usable and effective ordinancl WHEREAS, the overlay zone continues the citywide prohibition o restaurants. NOW, THEREFORE, the City Council of the City of Carlsbad, Cal ordain as follows: SECTION 1 : That Title 21 of the Carlsbad Municipal Code is ame addition of Chapter 21.208 to read as follows: CHAPTER 21.208 COMMERCIALMSITOR-SERVING OVERLAY ZONE Sections: 21.208.010 Intent and Purpose. 21.208.020 Definitions. 21.208.030 Boundaries; Exceptions; Applicability. 21.208.040 Permitted Uses. 21.208.050 Uses Permitted by Conditional Use Permit. 21.208.060 Prohibited Uses. 21.208.070 Approval Process. 21.208.080 Pre-Filing Submittal and Meeting; Application 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 I 21.208.140 Administrative Enforcement Powers. 21.208.150 Administrative Notice, Hearing, and Appeal PI 21.208.160 Judicial Enforcement. 21.208.170 Remedies Not Exclusive. 21.208.180 Severability. 21.208.010 Intent and Purpose. The intent and purpose of the CommerciaWisitor-Serving overlay zone is to sup underlying zoning by providing additional regulations for CommerciaWisitor-Se The overlay zone is intended and designed to: A. Control the location, operation and appearance of newlq CommerciaWisitor-Serving Uses within the overlay zone to prevent the over-pro certain uses as well as to ensure high quality appearance and operation; I -2- ’I I 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 B. Maximize public disclosure about new CommerciaWisitor-Sc proposals located within the overlay zone; C. Design compatibility, vehicular circulation, and shuttle bu transportation options into CommerciaWisitor-Serving Uses within the overlay zone D. Provide for the review of building materials and colors and establish criteria that discourages the use of corporate, standardized building forms, materials 2 Uses within the overlay zone and emphasize the aspects of performance mol enforcement; F. Establish the City Council as the final decision-maker for Comme~ Serving Uses in the overlay zone; G. Require CommerciaWisitor-Serving conditional uses as listed in Industrial (P-M) Chapter of this Title for underlying P-M zoned properties within zone to be subject to the conditional use permit requirements and provisions of t except that such uses shall be consistent with the intent and purpose of the P-M primary purpose is not to cater directly to the general public, and allows certain com which cater to, and are ancillary to the uses allowed in the P-M zone; and, H. Establish procedures in the overlay zone to provide for eff enforcement. 21.208.020 Definitions. Terms used in this Chapter and not defined below shall be defined per Chapter 2 Title. The following terms, as used in this Chapter, shall have the meaning establi Section: E, Formalize the use of conditional use permits for all CommerciaWis A. “Applicant” means the property owner(s) of the site. B. “Applicant’s agent” means the authorized representative of the pro C. “CommerciaWisitor-Serving Use” means uses involving the provisi responsible for processing the overlay zone conditional use permit. or services designed primarily for tourists or visitors to the city, such as any of tl either individually or in combination: commercial development with retail sales; k recreation vehicle (RV) parks, overnight RV parking, campgrounds or overnight ca sales of souvenirs, gifts or toys; activities including food and/or beverage st CommerciaWisitor-Serving Uses include, but are not limited to: gas stationdmini-n motels, restaurants, delis, retail stores, gift shops, museums and visitor centers. D. “Enforcement Agency” means the city’s Community Development Dc F. “Freestanding sign” means a monument sign supported by the gro G. “Time-share Project” means a project that meets the time-shar E. “Enforcement Official” means the city’s Community Development Di supported by a pole. contained in Section 21.04.357 of this Title. Time share projects are distinguisl “lock-off’ units and standard units for the purpose of establishing different parking I as outlined in Section 21.208.100 A 2. “Lock-off’ units are defined as a timesharl allows the occupancy of less than the entire unit during a timeshare period su( occupant may occupy a part of the unit for a timeshare period with the remaining pa being “locked-off’ and subject to use by others. Standard time share units do not h provisions. Ill -3- * II 0 e 1 2 3 4 21.208.030 Boundaries: ExceDtions: Awlicabilitv. “CommerciaWisitor-Serving Overlay Zone” on the Zoning Map as concurrently ame~ the adoption of this Chapter (pursuant to Section 21.05.050), as amended from tir excepting therefiom any properties used as automobile dealerships within the C Carlsbad Specific Plan area, as amended from time to time. B. Notwithstanding properties being within the boundaries of the over1 A. This Chapter applies generally to all properties shown with the ( 5 elsewhere in this code, this Chapter applies. 8 C. Where the provisions of this Chapter conflict with those of the underly Serving Use 7 2. The portions of mixed use projects constituting a Commerc 1. CommerciaWisitor-Serving Uses within the overlay zone, and 6 established above, the requirements for a conditional use permit, and the developmer of this Chapter shall apply to: 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 21.208.040 Permitted Uses. No CommerciaWisitor-Serving Uses are permitted uses, in the overlay zone. permitted uses in the overlay zone are the residential, industrial and office uses at permitted uses by the zoning of the underlying zone, which are not subject to the PI this Chapter. Those uses shall be developed subject to the development sta entitlement processes required by their underlying zoning. In addition, a roadside s display and sale of products produced on the same premises is an allowed use provic floor area shall not exceed two hundred square feet and is located a minimum of 20 fe street, highway or city right of way.” 21.208.050 Uses Permitted bv Conditional Use Permit. CommerciaWisitor-Serving Uses may be permitted within the overlay zone by ; conditional use permit pursuant to this Chapter. Conditional uses otherwise underlying zoning designations, within the overlay zone, that are not Commerc Serving Uses, are not subject to this Chapter. Where the underlying zoning conditionally approved uses (other than CommerciaWisitor-Serving Uses) Chaptel this Chapter, applies. 21.208.060 Prohibited Uses. Notwithstanding any underlying zoning provision, the following uses are prohibited i: overlay zone: A. Stand-alone liquor stores where the retail sale of liquor and/or alcoholj is the primary form of business; B. The outdoor storage or display of merchandise, goods or services for s’ C. Except as authorized pursuant to Chapter 8.17 and/or 8.32 of this conditional use permit issued pursuant to this Chapter, no person shall sell or offer tc merchandise or services from, or by means of, any temporary display, vehicle, platf or pushcart upon any public street, privately owned property, public parking lot, city or sidewalk within the overlay zone; and D. Incidental Outdoor Dining Areas (which waive parking requiremen outdoor eating areas up to 400 square feet in size) are prohibited. All indoor and ou areas shall provide parking as required by 21.208.100 A 4 of this Chapter. I1 -4- e 0 1 2 3 4 5 6 7 8 ‘9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 21.208.070 ADuroval - Process. Notwithstanding Section 21 S4.040, the City Council may approve, conditionally disapprove a conditional use permit within the overlay zone after the Planning Con considered the application and made a recommendation to the Council pursuant to C and the special procedures added by this Chapter. The conditional use permit may for a limited period of time, and shall be subject to monitoring and enforcement pur Chapter. 21.208.080 Pre-Filing - Submittal and MeetinP: Application for CUP. A. Prior to filing an application for a conditional use per CommerciaWisitor-Serving Use within the overlay zone, the Applicant shall make project submittal and then attend a pre-filing meeting. submittal and shall follow the submittal requirements in accordance with tl Department’s “Preliminary Review Process’’ accompanied by the fee, therefore, es the City Council by resolution. The submittal shall demonstrate compliance with t including the proposal of an architectural style as required by Section 21.208.100 F. 2. Pre-Filing Meeting - Within 30 days of the Applicant’ submittal, the Enforcement Official shall respond with a written City Respc thoroughly analyzing the proposal, establishing issues for resolution, and setting a til place to conduct a pre-filing meeting subject to the following: a) Required attendance: Applicant or Applicant’s agent, and staff engineer. b) Optional attendance: City Manager or designated re: any designated representative fi-om a city department or division with an interest in with, the proposed CommerciaWisitor-Serving development. 3. Primary purpose: discuss the city response letter, identify ! resolved and establish final application requirements. B. Good faith participation in the pre-filing meeting, is necessary for the a formal conditional use permit application. C. Upon completion of the pre-filing submittal and meeting, the Applica formal application for a CUP pursuant to Chapters 21.50 and 21.54. The applicat accompanied by application(s) for any other required discretionary entitlement for (including, but not limited to, a coastal development permit). Application for, and ay CUP pursuant to this Chapter shall satisfy all requirements for a site development 1 project if such is required by the underlying zoning. If not otherwise required, in ad application requirements for a conditional use permit (including special requirerr Chapter) formal conditional use permit application exhibits subject to this Chapter sh following: 1. All State and Uniform Building Code requirements for disal: spaces and related pathways. 2. All proposed rooftop equipment, mechanical enclosures and a Building Code requirements relating to rooftop access, ladders or other roofto 1. Pre-Filing Submittal - The Applicant shall file a writte features. 21.208.090 Proiect Site Notification. In addition to the public notice requirements of Section 21.54.060, the Applicant s: project site notification as follows: -5 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e 0 A. Upon city determination of completeness of a formal application, the shall physically post the following notice on the project site. The Applicant shall n posted notice in good and legible condition until the application is withdrawn or scl public hearing, whichever occurs first. Such notice shall state “APPLICATION IN P and shall include: 1. A yellow color background. 2. A brief but complete explanation of the matter to be considered 3. The Applicant’s name/phone number and Applicant’s agent (if 4. Planning Department contact information. name and phone number, B. Concurrent with public noticing for a public hearing, the Appl physically post a notice on the project site for the entire term of the public notice p and inclusive of, the actual public hearing date. Such notice shall state “PENDIN( HEARING”, and shall include the same information required above, but: 1. An orange color background; and 2. Date, time and place of pending public hearing. C. Notices required by subsections A and B above shall comply with the f 1. Sign location shall be in a conspicuous location so that thc visible from all portions of the project site which abut a private or public street. 2. Sign material shall be durable enough to withstand the elemc shall be secured to a ground mounted pole with a minimum pole height of four (4: maximum pole height of six (6) feet. 3. Sign dimensions shall be: four (4) feet in height and three length. 4. Letter height for the “APPLICATION IN PROCESS” or ‘ PUBLIC HEARING” headings shall be six (6) inches. 5. Letter height for the project descriptions shall be three (3) inch( 6. All other letter heights shall be two (2) inches. 7. All letter colors shall be black. 8. A city seal of the City of Carlsbad shall be displayed in the u 9. Applicant or developer phrases or logos are not allowed. 10. Applicant must obtain project planner approval of color and tl posting. 11. The Public Hearing Notice shall be removed upon with&; application or completion of the public hearing process, whichever occurs first. 12. Any removed or damaged notices shall be immediately replac to do so may cause the public hearing to be re-scheduled by the Enforcement Official D. The Planning Director may modify any of the criteria listed above in C 1-7 if determined necessary to achieve maximum disclosure of the project andor visibility of the sign. 21.208.100 Development Standards. Notwithstanding any underlying zoning provisions, the development standards supersede other provisions of this Title, and shall be applied to conditional use pe pursuant to this Chapter. A. Parking. The number of parking spaces required for CommerciaWis Uses within the overlay zone shall be calculated based on the ratios established belo portion of the notice with a minimum diameter of three (3) inches. -6- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I 0 e to land use. Fractional parking spaces are to be rounded up to the nearest wh Compact space provisions are provided in Section 21.44.1 10 of this Title. Any u; below and subject to the provisions of this Chapter, shall be subject to a parking determined by the Planning Director based on the requirements of similar uses. 'I the determination may be incorporated into the project design and conditional application. All State and Uniform Building Code requirements for disabled parkin: related pathways shall be shown on the conditional use permit application exhibits. 1. Motels/Hotels/Suites/Inns/L,odges/Resorts. 1.2 spaces pel parking as required per'this Chapter for additional ancillary uses (restaurant, retail sp rooms, etc.) as calculated on an individual basis. In addition, these uses shall provi shuttle bus circulation and passenger drop-offlpick-up facilities to be developed 01 case, site-by-site basis. Tour budpassenger bus parking provisions may also be re( on the specific project and location. 2. Time Share Projects. Lock-off units require 1.5 spaces per un units require 1.2 spaces per unit. In addition, time share projects shall be subject to tl requirements: a. Adequate shuttle bus circulation and passenger dror facilities to be developed on a case-by-case, site-by-site basis; b. An Interim Parkinmnit Marketing Plan which will initial sales efforts to sell time share units and the corresponding need to provid interim parking while sales are on-going. The Interim ParkingiUnit Marketing P approved by the City Council as one of the approving project exhibits and shall inc interim parking is to be provided, the amount of spaces involved, adequate sc landscaping, and the conversion or integration of the interim parking site into the 1 share project. 3. Gas station/mini-mart. 1 space/300 square feet of gross flo~ three additional employee parking spaces. Gas stations with work bays shall park tl areas at a ratio of four spaces for every work bay. In addition, gas stations shall COI use separation and design criteria contained in Section 21.208.060 H 1 of this Chapte 4. Restaurant. 1 space/100 square feet of gross floor area up to b (2,000) square feet. Two thousand square feet or greater: Twenty spaces plus 1 spac feet in excess of two thousand square feet. Outdoor eating areas require 1 space/lO( of gross floor area specifically designed, designated and approved for outd Recommended design features include adequate shuttle bus circulation and pass ofvpick-up facilities in addition to tour budpassenger bus parking provisions. Director's determination may be appealed in accordance with Section 21,54,140 of' 5. Coffee shopheverage-serving use/delicatessen. 1 space/300 SI gross floor area excluding seating areas for eating and/or drinking. Indoor and out' areas shall park at 1 space/lOO square feet of area. 6. Meeting rooms, assembly space, convention facilities. 1 space feet of gross floor area. 7. Individual retail, gifts shops, toy stores, convenience stores, g( 1 space/300 square feet of gross floor area plus two additional employee parking spac 8. Shopping Center Retail. Minimum 1 space/200 square fe center. Restaurants in shopping center projects shall provide separate parking as req in Section 21.208.100 A 4. 9. Museums. 1 space/500 square feet of gross floor area plus a 1 two additional employee parking spaces. In addition, museums shall provide adec -7- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 a bus circulation, passenger drop-offlpick-up facilities, and tour budpassenger b provisions to be developed on a case-by-case, site-by-site basis. 10. Visitor/information center. 1 space/400 square feet of gross flo~ two additional employee parking spaces. In addition, visitor/information centers sk adequate shuttle bus circulation, passenger drop-offlpick-up facilities, and tour budpa parking provisions to be developed on a case-by-case, site-by-site basis. 11. Bed and breakfast. Minimum two spaces, one of which shall for the manager’s unit, plus one space per guest room. 12. Car rental agencies. 1 space/250 square feet of gross floor are: rental office space and customer waiting area. The rental car fleet parking shall bc through a Fleet Parking Plan which will be reviewed and considered as part of the use permit application. In addition, car rental agencies shall provide shuttle bus circ passenger drop-offlpick-up facilities to be developed on a case-by-case, site-by-site bs 13. Movie theaters. Proposals involving movie theaters shall subr and parking studies or other appropriate documents to justify the proposed parking PI part of the pre-filing submittal process per Section 21.208.080 of this Chapter. At 1 the pre-filing submittal process, the Planning Director shall determine what the parking ratios are. The Applicant may appeal the Planning Director’s decision in with Section 21.54.140 of this Title. B. Signs. Except as provided herein, the provisions of Chapter 21.41 a the overlay zone. All signage shall be reviewed and approved as part of the con( permit process. No internally illuminated thru-face channel letter signs will be all0 residentially zoned properties. 1. Maximum sign area. The maximum sign area allowance shall one square foot per lineal foot of building frontage located on the lot. For COI buildings, with two building frontages, sign allowance will be based on .90 square combined lineal footage. Shopping centers or other combined projects subject to thc of this Chapter including projects that propose freeway service facility uses and signs in Sections 21.41.030(10)(A) and (B)(i-iv) and regulated by Section 21.41.070( process a sign program as part of the conditional use permit. Freeway service faciliQ programs shall not allow more than a total of 100 square feet of freestanding si Such sign programs may also allow a maximum of .60 square feet of wall signage pe of commercial tenadsuite fkontage; a maximum of .90 square feet of wall signage PI lineal footage of freestanding corner buildings; and, a maximum of 1 square foot of lineal foot of freestanding or anchor tenant building frontage. Shopping centers c projects that do not propose freeway service facilities, shall be allowed a maximum c feet of wall signage per lineal foot of commercial tenanthite frontage; a maximum foot of wall signage per combined lineal footage of freestanding comer buildings; a I 1 square foot of signage per lineal foot of freestanding or anchor tenant building fror maximum of 125 square feet of additional freestanding signage. 2. Maximum sign height. No freestanding sign shall exceed height, except for freeway service facility signs; and freestanding multi-tenant direct1 shopping centers andor mixed use CommerciaWisitor-Serving projects, which shal 10 feet in height, pursuant to a City Council approved sign program. 3. Sign colors. Sign colors and materials are part of the discretic process. Sign colors shall complement the overall building style without dominating design. projects of eight (8) acres or less; or 150 square feet of freestanding sign area for -8- e m 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4. Landscaping related to signs. Freestanding signs are suk landscaping requirements contained in subsection G of this Section. C. Building Height. The allowed building height for projects subject to 1 shall be determined by the development standards of the underlying zoning. Ar rooftop equipment or other structural features shall be screened from public view. D. Building Setbacks. CommerciaWisitor-Serving buildings located Palomar Airport Road or Cannon Road east of the 1-5 interstate freeway shall minimum setback of 50 feet. Except in the P-M zone, where the underlying zone s apply, new CommerciaWisitor-Serving buildings shall maintain a minimum p setback of 30 feet. All setback areas shall be exclusive of parking spaces, parkin circulation aisles and trash enclosures. Improvements in this area shall be limited to I access driveway(s), signage, lighting fixtures, screen walls, and pedestrian w sidewalks. For parcels eight acres or less in size, the back ten feet of the required set1 used as circulation aisles or parking spaces provided there is adequate use of land screen walls. The minimum building setback from any freeway right of way shall k which the back twenty feet may accommodate circulation aisles, trash and/c enclosures, and/or parking spaces. All development proposals subject to this C provide decorative paving in the primary approach driveway to the project for an arc 900 square feet (30 x 30 foot area) covering, at a minimum, the width of the dril decorative paving shall be depicted on landscape plans and shall be located adjacen on, city right-of-way adjacent to the project entrance. Side and rear setbacks not subj, foot public street setback shall be assessed as part of the discretionary review of the use permit application, however, a minimum setback of ten feet entirely landscar required. E. Building Materials/Colors. Building materials and colors are ; discretionary review process. The use of illuminated awnings is not allowed. Metal canopies are not allowed. High quality simulated building materials such as imil not be dominate building colors. The use of colors shall be balanced and in the cc proposed architectural style. F. Architectural Style. Two primary architectural styles are allowed in zone as described in general terms below. One of the two styles shall be proposed in use permit applications, except as provided below in subsection 3. 1. Village Architectural Style. This style involves the use o composition shingle roof materials, steep pitched (7:12 and greater) gabled rc windows, use of dormers in gabled roofs, no mansard roof forms, applied sc ornamentation and irregular building forms with a variety of roof peaks. 2. Contemporary Southwest Architectural Style. This style invc of SpanisWmission style clay roof tiles on a rectangular building form, white stucco 7 and arched doorways with wooden beams, low pitched roofs, multi-pane windows ar glazeddecorative tiles and tile paving. 3. Alternative Architectural Styles. An alternative architectural SI proposed on a conditional use permit application if it is specifically supported by the 1 Official at the conclusion of the pre-filing procedures outlined in Section 21.201 alternative architectural style may accommodate a reasonable version of a user architectural style, provided the corporate architectural elements do not dominate design so as to create incompatibility in the area; or detract from the overlay zone's ensuring high quality appearances for CommerciaWisitor-Serving Uses. Final app stone, marble or wood may be approved. The primary colors of blue, red, yellow an( -9- 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 proposed alternative architectural style is by the City Council as part of the conditional review. G. Landscaping. Landscaping shall be designed to complement thi proposed architectural style. Landscape plans shall be consistent with the City’s Manual. The following landscaping regulations shall apply to development proposal: this Chapter: 1. Freestanding sign landscape theme. Every freestanding sign sk adjacent landscaping which promotes a common theme throughout the overlay i Geestanding sign and related landscaping theme shall be shown on project landscape e will consist of, at a minimum: a). Six (6) bird of paradise plants (Strelitzia regime) with l container size of five gallons. These plants shall be located in clusters around the sign. b) One Phoenix roebelenii palm tree with a minimum co! of fifteen (15) gallons to be located to one side of the freestanding sign amidst paradise plant clusters. The roebelenii palm may be replaced with another palm tre supported by staff to be consistent with the overlay zone’s common landscaped sign approved with the conditional use permit by the City Council. c) Appropriate ground cover such as agapanthus shrub similar substitute subject to discretionary review, bark andor turf in a visual: combination. d) The minimum area for the provision of the freestandir corresponding landscaped theme shall be 80 square feet, designed to encompass thl perimeter of the sign’s base or foundation area. service signage, however, the structural base of allowed freeway service sigr adequately located and screened from view by landscaping as part of the conditional application. 2. Required Trees. Parking lot trees shall be provided at a ratio for every six parking spaces provided. These trees shall be located in planting arc outside of required setback areas. All trees shall be a minimum container size of gallons, however, at least 50% of required parking lot trees shall be a minimum of: size. All parking lot planter strips and parking island dimensions, configw landscaping shall conform to Appendix E of the City’s Landscape Manual, except tl eight acres or less in size, individual planting islands with a minimum width of 6 j provided. Such planting islands shall have a minimum length of 30 feet, however, th length shall not be less than the length of adjacent parking stalls. Street trees reql street tree requirements of section IV.D.3 of the Landscape Manual shall all be 24 inc In addition to the street tree requirements of the Landscape Manual, and except fi planting requirements of section IV.E.3 of the Manual for slopes over 8 feet in ver setback landscaping trees shall be provided in clusters at a ratio of 1 tree for every feet of setback area. Except for street trees which shall be 24 inch box sizes, setbac shall be a minimum container size of fifteen (15) gallons, however, at least 50% setback area trees shall be a minimum of 24 inch box sizes. For the calculation of se multiply the length of the setback times 20 feet; for interior lot and freeway setbacl the length of the setback times 10 feet. The use of existing on-site trees may be c( replace required trees at a 1: 1 ratio, on a case-by-case, site-by-site basis. For existin] considered, landscape plans shall indicate tree caliper width at three feet above exi and photographs of the subject trees shall be submitted. e). The above requirements are not necessary for qualifi -10- I e 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. Screening of Areas. The following areas shall be specifically be screened from public points of view: a) Parking Areas. All surface parking areas shall be screenec of forty-two (42) inch high screen walls to be complemented with landscaping in walls within setback areas. Screen walls shall be architecturally finished to corn project’s architecture and shall provide an architectural cap on top of the wall. TI wall height may reduce to thirty inches to comply with engineering sight distance r as necessary. Vines and attaching plant forms shall be used to further obscure tl walls. The use of existing trees and/or grade separations to screen parking ar( considered on a case-by-case, site-by-site basis. b) Loading/Delivery/Trash Enclosure Areas. All areas used activities, receiving deliveries and trash enclosure locations shall be located onsite screened from public points of view. Landscaping may assist this objective but is s locating these areas onsite and/or using solid masonry walls, to minimize visibility. thriving manner. Failure to maintain such areas in conformance with approved lanc and concepts, may result in administrative fines and/or revocation or other discretic pursuant to the Performance Monitoring Condition (see Section 21.208.12C enforcement procedures in this Chapter. H. Use Separation Standards. The uses below are subject to use separatio~ standards. 4. Maintenance. All landscaped areas shall be maintained ir 1. Gas stations, gas stationdmini-marts. a) Location. New gas stations or gas stationdmini-marl be permitted at intersections where at least one of the streets is classified as a prin secondary arterial on the General Plan. A maximum of two stations may be allowed intersection. Where a T-intersection is involved, a maximum of one station may The proposed site may not adjoin any residential property. b) Lot dimensions. The minimum lot size, or the mi exclusively designated for this use in a mixed use project, shall be fifteen thousand Street frontage along the non-arterial roadway shall be a minimum of one hundrec feet. c) Design Criteria. On corner lots, no access shall be m; prime or major arterial roadway; no driveway access shall be allowed within 100 fec or major arterial roadway intersection and may be limited to a right in, right out only fuel delivery circulation design shall be accommodated onsite on a case-by-case, 2. Motels/Hotels. CommerciaWisitor-Serving motel and hote maintain a minimum separation of six hundred (600) feet; business hotels or motels 1’ M zoned property serving the adjacent industrial office area, and not the general pu subject to the separation standard. Use separation standards shall be measured fic building edge to existing, or approved, building edge. Separation distances shall be points of closest proximity to reveal the minimum separation involved. Individual m buildings that comprise one motel or hotel use are not subject to the 600 foot separati ~ For project sites of 6 acres and larger: Up to two motels or hotels may be located on2 1 that a minimum setback of two hundred (200) feet shall be provided from any pu’ adjacent to the project site; and the two motel or hotel uses/structures have a minimul of one hundred fifty (150) feet. All motelhotel structures, regardless of project basis. -1 1- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 shall maintain a minimum separation of six hundred (600) feet from any residen property line. 21.208.110 Reauired FindinPs. In addition to the findings required for the granting of a conditional use permit Section 21.42.020, conditional use permits issued pursuant to this Chapter are su following findings prior to approval: A. That the proposed project is adequately designed to accommoda percentage of visitor, tourist and shuttle budalternative transportation users anticipatl proposed use and site location within the overlay zone; provide an architectural style of development that will add to the objective of 1 architecture and building design within the overlay zone; and C. That the project complies with all development and design criteria of zone. D. For gas stations, motel, hotel or restaurant uses on a Planned Indu property: That the proposed use is commercial in nature and therefore subject to zone, however, the proposed use is consistent with the intent and purpose of the P-M primary purpose is not to cater directly to the general public, and allows certain corn which cater to, and are ancillary to the uses allowed in the P-M zone. E. For recreation vehicle (RV) parks, overnight RV parking, cam1 Overnight campsite uses: That the proposed use complies with all the pr 21.42.010(2)(H)(a-e) of this title. 21.208.120 Performance Monitorinp Condition. Projects shall be continuously monitored, including at least one formal annual revie long term compliance with all conditions of approval, compatibility with adjacen enforce sign regulations and provide a basis for recommending approval of subsec extension requests. To achieve this, the following condition shall be placed on pel the overlay zone: “If, at any time, the City Council, Planning Commission or Planning Direct( that there has been, or may be, a violation of the findings or conditions of this cor permit, or of the Municipal Code regulations, a public hearing may be held befc Council to review this permit. At said hearing, the City Council may add additiona recommend additional enforcement actions, or revoke the permit entirely, as necesse compliance with the municipal code and the intent and purposes of the Commer Serving Overlay Zone, and to provide for the health, safety and general welfare of thc 21.208.130 Existinp Uses, Buildinp Permits and Business Licenses. For existing uses that propose a change in use, apply for a building permit or appl business license, the provisions of this Chapter shall not apply provided that all of tl criteria are met: the proposal is consistent with the uses allowed by the site develop] specific plan, if any, applicable to the subject site; the proposal does not invoke a hi; standard pursuant to Section 21.208.100 A of this Chapter; and, the proposal does nc increase of greater than 200 square feet to existing square footage. For such pr additional 200 square feet of area shall be parked subject to the parking standards of 1 Existing structures that propose demolition and redevelopment may be re-built ~ square footage as allowed by a valid entitlement prior to the effective date of this c B. That the building forms, building colors and building materials -12- 0 e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 up to an additional 200 square feet, without being subject to the requirements of th provided there is no increase in the degree of non-conformity with regards to buildin parking or signage. If a higher parking standard, or more than 200 square feet o square footage is involved, the new, or intensified, portion of the existing use shall bc all of the procedures, standards and conditional use permit requirements of thj Existing sign programs and related sign permits are not subject to the provisions oft zone, except that if any existing use proposes an amendment to its existing, app program to increase overall signage allowance, or to increase or alter approved sig then the entire sign program including existing signs shall be subject to the sign s Section 21.208.100 B of this Chapter pursuant to the normal processing of such si1 amendment. 21.208.140 Administrative Enforcement Powers. A. The Enforcement Agency and Enforcement Official can exercise any e powers as provided in Chapter 1.08 of this Code. In addition to the general enforcerr provided in Chapter 1.08 of this Code, the Enforcement Agency and Enforcement 0 the authority to utilize the following administrative remedies as may be necessary to 1 Chapter: B. Civil Penalties. Any person who violates any of the provisions of this any condition of a conditional use permit issued pursuant to this Chapter shall be liabl penalty not to exceed one thousand dollars ($1,000.00) for each day such a violation violator shall be charged for the full costs of any investigation, inspection, or monito which led to the detection of any such violation, for abatement costs, and for the reasc of preparing and bringing legal action under this subsection. In addition to any othe: procedures, the Enforcement Agency may utilize the lien procedures listed j 21.208.150 C 5 and D 2 and Section 21.208.160 B 3 to enforce the violator's liability. 21.208.150 Administrative Notice, Hearing, - and Appeal Procedures. Enforcement Official under this Chapter shall be in writing and served in person or b or certified mail. If served by mail, the notice shall be sent to the last address lu Enforcement Official. Where the address is unknown, service may be made upon tl record of the property involved. Such notice shall be deemed to have been given at deposit, postage prepaid, in a facility regularly serviced by the United States Po whether or not the registered or certified mail is accepted. B. When the Enforcement Official determines that a violation of 01 provisions of this Chapter or any condition of a conditional use permit issued pur$ Chapter exists or has occurred, any violator(s) or property owner(s) of record shall k the Enforcement Official with a written notice and order. The notice and order sh Municipal Code Section or the condition violated, describe how violated, the locatior of the violation(s), and describe the corrective action required. The notice and order I immediate corrective action by the violator(s) or property owner(s); where the v: continuing violation which does not create an immediate danger to health or safeq shall provide a reasonable time, not less than three (3) working days, to correct ( remedy the violation, prior to the imposition of administrative fines. The notice an( also explain the consequences of failure to comply, including that civil penalties SI immediately accrue if compliance is not immediately achieved (or, if applicable days fiom the date the notice and order is issued). The notice and order shall identif A, Unless otherwise provided herein, any notice required to be gil -13- ' II 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 rights. The Enforcement Official may propose any enforcement action reasonably I abate the violation. C. If cure or abatement of the violation(s) is not immediately achit applicable within three days) fi-om the date the notice and order is issued, the E Official shall request the City Manager to appoint a Hearing Officer and fix a datc place for hearing. The Enforcement Official shall give written notice thereof to the v owner(s) of record, at least ten days prior to the date for hearing, 1. The Hearing Officer shall consider any written or oral evidenc to determine whether the violation(s) exists, and/or civil penalties should be imposed, with rules and procedures for the conduct of hearings and rendering of decisions est: promulgated by the city manager. 2. In determining whether action should be taken or the amow: penalty to be imposed, the Hearing Officer may consider any of the following factors: a) Duration of the violation(s). b) Frequency or recurrence. c) Seriousness. d) History. e) Violator's conduct after notice and order. f) Good faith effort to comply. g) Economic impact of the penalty on the violator(s). h) Impact of the violation on the community. i) Any other factor which justice may require. 3. If the violator(s) or owner(s) of record fail to attend the hea constitute a waiver of the right to a hearing and adjudication of all or any portion c and order. 4. The Hearing Officer shall render a written decision within ten close of the hearing, including findings of fact and conclusions of law, identifying thc involved and the factors considered in assessing civil penalties, if any. The decis effective immediately unless otherwise stated in the decision. The Hearing Office1 the decision to be served on the Enforcement Official and all participating violators ( record. 5. If the persons assessed civil penalties fail to pay them wit1 specified in the Hearing Officer's decision, the unpaid amount constitutes eithel obligation of the person assessed or a lien upon the real property on which the violatit in the discretion of the Enforcement Official. If the violation(s) is not corrected as civil penalty continues to accrue on a daily basis. Civil penalties may not exceed I thousand dollars ($100,000.00) in the aggregate. When the violation is subsequent: the Enforcement Official shall notify the violator(s) andor owner(s) of record of the civil penalties and provide an opportunity for hearing if the amount(s) is disputed wil &om such notice. D. Judicial Appeal of Hearing Officer Determination. 1. Notwithstanding the provisions of Section 1094.5 or 1094.6 of Civil Procedure, within 20 days after service of the final administrative order or del ~ Hearing Officer is made in accordance with this Section regarding the imposition, or collection of the administrative fines or penalties, a person contesting that final ac order or decision may seek review by filing an appeal to be heard by the superior the same shall be heard de novo, except that the contents of the local agency's filt I -14- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 shall be received in evidence. A court proceeding under this Section is a limited authorized by Government Code Section 53069.4. A copy of the notice of appeal shal in person or by first-class mail upon the local agency by the contestant. 2. The Enforcement Official shall take all appropriate legal step; these obligations, including referral to the city attorney for commencement of a civ recover said funds, If collected as a lien, the Enforcement Official shall cause a notic be filed with the county recorder, inform the county auditor and county recorder of tht the obligation, a description of the real property upon which the lien is to be recovered name of the agency to which the obligation is to be paid. Upon payment in full, the E Official shall file a release of lien with the county recorder. 21.208.160 Judicial Enforcement. A. Criminal Penalties. Any person who violates any provision of this Ch: condition of a conditional use permit issued pursuant to this Chapter is guilty of a mist B. InjunctionlAbatement of Public Nuisance; Violations deemed a public 1. In addition to the other civil and criminal penalties provided condition caused or permitted to exist in violation of any of the provisions of this Ch condition of a conditional use permit issued pursuant to this Chapter, is a threat tc health, safety, and welfare and is declared and deemed a public nuisance, whi summarily abated and/or restored as directed by the Enforcement Official in accorda procedures identified in Chapter 6.16. 2. A civil action to abate, enjoin or otherwise compel the cessat nuisance may also be taken by the city, if necessary. The Enforcement Offkial ma] the city to seek a petition to the Superior Court for the issuance of a preliminary 01 injunction, or both, or an action to abate a public nuisance, as may be appropriate. 3. The full cost of such abatement and restoration shall be bc owner of the property and the cost thereof shall be a lien upon and against the accordance with the procedures set forth in Section 21.208.140. C. Other Civil Action. Whenever a notice and order or Hearing Officer's not complied with, the City Attorney may, at the request of the Enforcement Official, appropriate civil action in a court of competent jurisdiction to enforce such notice ar decision, including the recovery of any unpaid civil penalties provided herein. 21.208.170 Remedies Not Exclusive Remedies set forth in this Chapter are not exclusive but are cumulative to all 0th criminal penalties provided by law, including, but not limited to, amortization, aba summary removal pursuant to Chapter 21,41 and or California Business and Profei Sections 5412 -5412.3 and 5492 through 5497. The seeking of such other remedj preclude the simultaneous commencement of proceedings pursuant to this Chapter. 21.208.180 Severabilitv If any section, subsection, sentence, clause or phrase of the ordinance codified in thi for any reason held to be invalid or unconditional by the decision of any court o jurisdiction, such decision shall not affect the validity of the remaining portions of tl codified in this chapter. The City Council declares that it would have passed tk codified in this chapter and each section, subsection, sentence, clause and phr irrespective of the fact that any part thereof be declared invalid or unconditional. -15- 1 0 a SECTION 2: Title 21 of the Carlsbad Municipal Code is amenc 2 4 on property as shown on the exhibit marked ZC 99-03, attached hereto and made a pa 3 amendment of the Zoning Map by the addition of the CommerciaWisitor-Service 0 adoption, and the City Clerk shall certify to the adoption of this ordinance and ca 5 EFFECTIVE DATE: This ordinance shall be effective thirty dz fifteen days after its adoption. (Not withstanding the preceding, this ordinance s 8 7 published at least once in a publication of general circulation in the City of Carl: 6 INTRODUCED AND FIRST READ at a regular meeting of the C: efective within the City’s Coastal Zone until approved by the California Coastal Con 9 10 1 1 Council on the 18th day of May 1999, and thereafter. 12 PASSED AND ADOPTED at a regular meeting of the City Council 0: l3 Carlsbad on the 1 Rt day of m 1999, by the following vote, to wit: 14 15 16 17 AYES: Council Members Lewis, Finnila, Kulchin NOES: None. ABSENT: Council Members Hall, Nygaard ABSTAIN: None. 18 19 20 21 22 23 24 ATTEST: :: I 27 (SEAL) 28 -16-