HomeMy WebLinkAbout2001-04-03; City Council; NS-579; CMC 21 amends - Community Facilities Zone...1
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ORDINANCE NO. NS-579
A ZONE CODE AMENDMENT TO AMEND TITLE 21 OF THE
CARLSBAD MUNICIPAL CODE BY THE ADDITION OF
CHAPTER 21.25 AND THE AMENDMENT OF SECTIONS
21.38.010, 21.38.020, AND 21.38.021 AND SECTIONS
21.42.010(2) AND 21.42.010(5) RELATING TO COMMUNITY
FACILITIES USES ON PROPERTY LOCATED CITYWIDE.
CASE NAME: COMMUNITY FACILITIES ZONE
CASE NO.: ZCA 99-02
The City Council of the City of Car&bad, California, does ordain as follows:
SECTION I: That Title 21 of the Carlsbad Municipal Code is amended by the addition
of Chapter 21.25 to read as follows:
“CHAPTER 2 1.25
COMMUNITY FACILITIES ZONE
Sections:
21.25.010 Intent and Purpose
2 1.25.020 Applicability
21.25.030 Time Period of Reservation
21.25.040 Uses Permitted by Site Development Plan
2 1.25.050 Uses Permitted by Conditional Use Permit
21.25.060 Limitations on Permitted Uses
2 1.25.070 Minimum Requirements For Community Facilities Area
21.25.080 Building Height
21.25.090 Yards
2 1.25.100 Location Standards
2 1.25.110 Required Notification
21.25.120 Severability
21.25.010 Intent and Purpose.
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 facilities sites of adequate size for uses which
benefit the community as a whole by satisfying social/religious/human service needs;
(2) to identify those uses which can be utilized to satisfy the community facilities uses
requirements in master plans pursuant to Chapter 21.38 of this Code and residential specific
plans; and,
(3) to establish development standards for community facilities uses in master plans and
residential specific plans.
21.25.020 Annlicabilitv.
This chapter applies as follows:
(1) This chapter applies to those properties developed through a new master plan pursuant
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to Chapter 2 1.38 of this Code approved after the effective date of this ordinance.
(2) This chapter applies to those properties developed through a new residential specific
plan (a specific plan which includes residential units) of at least 100 gross acres approved after
the effective date of this ordinance.
(3) This chapter applies to any master plan or residential specific plan approved prior to
the effective date of this ordinance for which an application for amendment involving at least
100 gross acres of undeveloped land is made by the property owner.
(4) Master plans and residential specific plans approved prior to the effective date of this
ordinance and not described in Subsection 21.25.020(3) above may satisfy their community
facilities requirements (if any) as required by those approved master plans or specific plans.
21.25.030 Time period of reservation.
As part of the master plan or residential specific plan application, the developer shall
designate a portion(s) of the site for community facilities uses. The community facilities
designation shall be for a minimum time period of ten (10) years. The ten (10) year time period
shall commence when final inspections have been approved for 100% of the units in the first
residential planning area in the master plan or specific plan. There shall be no automatic
reversion of the community facilities site to other uses. If, at the end of the ten (10) year
reservation period, community facilities have not developed in the community facilities
designated area, then the developer may make an application for a major master plan amendment
to eliminate the community facilities site(s) or to designate a different site(s) of the master plan
or residential specific plan for such uses. If the developer proposes to eliminate the community
facilities area, he shall demonstrate why it is infeasible that the designated area will ever develop
with community facilities uses. If the developer proposes to designate a different site(s) for the
community facilities uses, he shall demonstrate why the proposed alternative location is better
than the originally-designated location. If an alternative location(s) is proposed, the total amount
of acreage for the community facilities uses shall not be reduced from the originally-designated
acreage.
21.25.040 Uses permitted by site development plan.
Notwithstanding any other wording to the contrary, a stand-alone child daycare facility is
permitted subject to the approval of a Site Development Plan pursuant to Chapter 21.06. If any
office area is proposed with the use, the office area must be ancillary to the main use; it cannot be
the principal use. If a child daycare facility is developed in conjunction with another community
facilities use which requires a conditional use permit, then the requirement for a site development
plan for the child daycare use is waived.
21.25.050 Uses permitted by conditional use permit.
Subject to the provisions of Chapter 21.50, and notwithstanding any other wording to the
contrary, the following uses are permitted by conditional use permit in the C-F zone. If any offke
area is proposed with the use, the office area must be ancillary to the main use; it cannot be the
principal use.
(1) churches, synagogues, temples, and other places of worship
(2) religious reading room (separate from church structure)
(3) welfare and charitable services (private or semi-private) with no permanent residential
uses (e.g., Goodwill, Red Cross, Travelers Aid)
(4) social clubs (non-commercial)
(5) fraternal associations and lodges (except college fraternities/sororities)
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(6) youth organizations (e.g., Boy Scouts, Girl Scouts, Boys’ & Girls’ Clubs, YMCA and
YWCA except lodgings)
(7) civic associations (e.g., League of Women Voters, etc.)
(8) veterans’ organizations (including meeting facilities)
(9) adult and/or senior daycare and/or recreation facility (private or non-private)
(10) other uses of a similar character as determined by the Planning Director to be
community facilities uses.
I 21.25.060 Limitations on permitted uses.
(1) All uses shall be conducted wholly within a building except such uses as athletic
fields, outdoor play areas, and other uses customarily conducted in the open.
21.25.070 Minimum requirements for communitv facilities area.
(1) The minimum size of the community facilities area for new master plan developments
and new residential specific plan developments is two (2) net developable acres plus 1% of the
total net developable acreage in the entire master plan or residential specific plan area.
(2) The minimum size of the community facilities area for master plan developments and
residential specific plan developments approved prior to the effective date of this ordinance and
described in Subsection 21.25.020(3) of this ordinance is two (2) net developable acres plus 1%
of the total net developable acreage in the area included in the proposed amendment.
(3) All master plans and residential specific plans must provide for a child daycare
facility somewhere within their community facilities area.
21.25.080 Building height.
No building in the C-F zone shall exceed a height of 35 feet and 3 levels if a minimum
roof pitch of three to twelve (3:12) is provided or 24 feet and two levels if a roof pitch less steep
than 3:12 is provided. Architectural projections may be allowed pursuant to Section 21.46.020
of this Code.
21.25.090 Yards.
Front yard, side yard, or rear yard setbacks shall be as required through the development
standards contained in the master plan or residential specific plan.
21.25.100 Location and desire standards.
Every community facilities site shall satisfy the following criteria:
(1) The community facilities uses shall be located so as to assure compatibility with
adjacent land uses.
(2) The community facilities area(s) shall be located and designed so as to provide
adequate buffering from, and to minimize any negative impacts to, surrounding residential
developments.
(3) The community facilities structures shall be designed to be architecturally compatible
with surrounding developments.
(4) The community facilities site(s) shall be centrally located within the master plan or
residential specific plan unless a non-central location more effectively serves a greater number of
residents of the master plan or residential specific plan.
(5) All community facilities uses shall be located on one unified site unless provision of two
or more sites more effectively serves a greater number of residents of the master plan or residential
specific plan.
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21.25.110 Required notification.
Full disclosure shall be made to all buyers of surrounding residential units and owners of
surrounding properties within 600’ that a community facility will be located on the reserved
portion of the property. All approvals of new master plans, new residential specific plans, and
amendments to previously-approved master plans and residential specific plans involving 100 or
more gross acres of undeveloped land shall be conditioned to provide documentation that this
disclosure requirement has been accomplished to the satisfaction of the Planning Director.
21.25.120 Severabilitv.
Should any section, subsection, sentence, clause, or phrase of the ordinance codified in
the Chapter be held for any reason to be invalid or unconditional by the decision of any court of
competent jurisdiction, such decision shall not affect the validity of the remaining portions of the
ordinance codified in this chapter. The City Council declares that it would have passed the
ordinance codified in this chapter and each section, subsection, sentence, clause, and phrase
thereof irrespective of the fact that any part thereof be declared invalid or unconditional.”
SECTION II: That Title 21 of the Carlsbad Municipal Code is amended by the
amendment of Section 21.38.010 to read as follows:
“The intent and purpose of the P-C, planned community zone, is to:
(1) Provide a method for and to encourage the orderly implementation of the general plan
and any applicable specific plans by the comprehensive planning and development of large tracts
of land under unified ownership or developmental control so that the entire tract will be
developed in accord with an adopted master plan to provide an environment of stable and
desirable character;
(2) Provide a flexible regulatory procedure to encourage creative and imaginative
planning of coordinated communities involving a mixture of residential densities and housing
types, open space, community facilities, both public and private and, where appropriate,
commercial and industrial areas;
(3) Allow for the coordination of planning efforts between developer and city to provide
for the orderly development of all necessary public facilities to insure their availability
concurrent with need;
(4) Provide a framework for the phased development of an approved master planned area
to provide some assurance to the developer that later development will be acceptable to the city;
provided such plans are in accordance with the approved planned community master plan; and,
(5) Ensure that all new and, as appropriate, existing master plans reserve a site or sites for
community facilities uses which benefit the community as a whole by satisfying
social/religious/human service needs pursuant to Chapter 21.25 of this Code.”
SECTION III: That Title 21 of the Carlsbad Municipal Code is amended by the
amendment of Section 21.38.020 to read as follows:
“21.38.020 Permitted uses and structures.
In the P-C, planned community, zone the permitted uses and structures shall be
established by a master plan of development approved in accordance with this chapter which
may include any use found to be necessary and desirable for a community planned in accordance
with the purposes of this chapter, provided that such permitted uses and structures shall be
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consistent with the general plan and applicable specific plans. Prior to approval of a master plan,
the property may be used as permitted by Chapter 21.07 for the E-A exclusive agriculture zone.
After approval of a master plan, such agricultural uses may be continued if the master plan so
provides.”
SECTION IV: That Title 21 of the Carlsbad Municipal Code is amended by the
amendment of Section 21.38.021 to read as follows:
“21.38.021 Communitv facilities sites required.
All new master plans shall include graphic plans and text to reserve a site within the
master plan area for community facilities uses pursuant to Chapter 21.25 of this Code.”
SECTION V: That Title 21 of the Carlsbad Municipal Code is amended by the Amendment
of Section 21.42.010(2) to read as follows:
“(2) All zones including residential, with the exception of the Community Facilities Zone
(Chapter 21.25) in which all uses must be specifically allowed by Chapter 21.25:
(A) Cemeteries,
(B) Churches,
(C) Public and private schools,
(D) Repealed by Ord. NS-56 0 2.
(E) Golf courses (except as may be approved as part of a planned community development),
(F) Greenhouses greater than two thousand square feet in area and packing or sorting sheds
greater than six hundred square feet in area subject to the following conditions:
1. Lighting to be directed away from nearby residences and shall not create undue illumination
2. Fans shall not create a noise nuisance to nearby residences
3. Driveways shall be improved with dust control material and be maintained
4. Structure, including panels or coverings, shall be maintained and not become a safety hazard
or nuisance to the neighborhood
5. The approving conditional use permit resolution shall contain the time limits of the permit and
the provisions for periodic review,
(G) Repealed by Ord. 9564 0 3.
(H) Overnight campsites. All overnight campsites shall comply with the following conditions:
(a) Any campsite shall be located in, adjacent to, or shall be directly associated with existing or
planned parks and open space system and shall augment the city’s general plan.
(b) An overnight campsite shall comply with all federal, state and local laws.
(c) Overall design for an overnight campsite shall be approved by a licensed architect or
landscape architect.
(d) No person shall occupy any part of an overnight campsite for more than ninety days, in the
aggregate, during any given year.
(e) The design of an overnight campsite shall be subject to the following conditions:
1. Upon site review, a perimeter six-foot fence or wall may be required. Interior six-foot fencing
shall be required to isolate major trash collection and storage areas. Such fences or walls shall be
of materials compatible with an approved architectural scheme for the total development.
2. Primary road surfaces, i.e., two-way throughways, shall be blacktop, asphalt or equivalent road
surfaces. One-way throughways with sufficient natural drainage may be surfaced with
decomposed granite or equivalent, otherwise hard surface equal to two-way requirements will be
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required. The remaining travel surfaces (camp pads, footpaths, maintenance roads) will be
covered with decomposed granite or equivalent material.
3. Associated signs, freestanding or attached to buildings shall be designed and constructed in
accordance with city ordinances.
4. Unit site densities will be computed from a slope analysis of the project area: O-5 percent slope
= maximum 7 units; 6-15 percent slope = maximum 3 units; 16 plus percent slope = permanent
open space.
5. Sites within the campground shall be clearly marked and shall be not less than two thousand
five hundred square feet in area.
6. Sites utilized by auto-truck campers, trailers, mobile coaches, shall front on a roadway not less
than fifteen feet wide and which affords access to a public road.
7. Said campground facility shall total not less than ten acres, of which not less than sixty percent
of the site shall be utilized for recreation activities, other than buildings, roadways, parking pads,
trash or storage areas.
8. Camping spaces shall be placed at random throughout the project, so as not to reflect
uniformity in appearance or design.
9. Exterior lighting shall be a type so as not to make visible a direct light source or cause glare
outside the campground facility. Proposed light fixtures shall be subject to review to assure
compatibility with the architectural scheme of the total development.
10. Landscaping and sprinkler system shall be constructed in conformance with a plan approved
by a registered landscape architect and approved by the land use planning office prior to building
permit issuance. The sprinkler system shall be applied only to those areas that are not in
extensive recreational use. Such landscaping shall be in conformance with but not limited to the
following minimum standards:
(a) The campground site shall be planted with combinations of flowers, turf, groundcovers,
shrubs, and trees; said plantings shall be distributed throughout the site to create a park-like
effect.
(b) Trees shall be planted at a ratio of one for each one thousand square feet of gross land area.
Ten percent of all trees shall be of specimen size, the remainder of which shall be equally divided
among fifteen, five and one-gallon sizes. Existing on-site trees may be utilized to fulfil1 tree
requirements.
11. An architectural concept shall be adopted for the total development. Plans for all structures
and fences shall be subject to review and approval by the land use planning office to assure
harmony and compatibility of all facilities within the campground.
12. Documents pertaining to the maintenance of all facilities including landscaping, and
designating those persons responsible for same, shall be submitted for staff approval prior to
building permit issuance.
Other conditions may be imposed in connection with any conditional use permit issued for a
campsite, pursuant to conditional use permit ordinance regulations then in effect;
(I) Public buildings,
(J) Accessory public and quasi-public utility buildings and facilities including, but not limited to,
water wells, water storage, pump stations, booster stations, transmission or distribution electrical
substations, operating centers, gas metering and regulating stations, or neighboring telephone
exchanges, with the necessary apparatus or appurtenances incident thereto,
(K) Private zoos; provided the property for such private zoo has a minimum of twenty thousand
square feet, no animal is kept within twenty feet of any property line, and a valid wild animal
permit has been issued by the state,
(L) Aquaculture: The cultivation of aquatic organisms both in inland waters and the open sea;”
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SECTION VI: That Title 21 of the Carlsbad Municipal Code is amended by the
Amendment of Section 21.42.010(5) to read as follows:
codified in this section are allowed to continue in existence subject to the terms and conditions of
this code and the conditional use permit or other discretionary permit permitting them and may
apply for and may be granted CUP extensions under this code.
(0) Take-out restaurants (where food is not served within a dining area),
(P) Open air theaters,
(Q) Radio or television transmitters,
(R) Fairgrounds,
(S) Temporary uses of trailers or mobile homes for commercial offices under the following
conditions:
(i) The occupancy shall not exceed one year after the issuance of the permit unless
otherwise extended by the planning commission. The conditional use permit shall not be
extended unless construction of the structure intended for occupancy by applicant has
begun and reasonable progress toward completion is being made
(ii) The method of placement of the trailer, the landscaping and other design aspects shall be
a”(5) All zones except residential and the Community Facilities Zone (Chapter 21.25) unless
specifically allowed by Chapter 21.25:
(A) Airports and landing fields,
(B) Commercial circuses and carnivals operating within the city limits shall, in addition to filing
all necessary documents for a conditional use permit, also submit for consideration by the
planning commission, a schedule of operations, including availability of parking, types of games,
rides and amusements proposed, and proposed hours of operation,
(C) Columbariums, crematories and mausoleums, not located within a cemetery,
(D) Hospitals,
(E) Establishments or enterprises involving large assemblages of people or automobiles,
(F) Amusement parks,
(G) Institutions for treatment of alcoholics,
(H) Privately-operated recreational centers,
(I) Racetracks,
(J) Stadiums,
(K) Mental hospitals,
(L) Veterinarians and small animal hospitals,
(M) Automobile repair facilities (not permitted in C-l zone),
(N) Drive&u business or drive-thru facilities to existing businesses except drive-thru
restaurants which are prohibited from all zones in the city including coastal zone properties. The
drive-thru restaurant prohibition applies citywide to all existing and proposed specific plans,
master plans, and related amendments. Drive-thru restaurants that are either existing or have
received final approvals on the effective date of the ordinance pproved as part of the conditional
use permit,
(T) Bowling alleys subject to the following conditions:
(i) No noise shall be audible outside of the confines of the structure
(ii) If alcoholic beverages are offered for consumption on site, no open container shall be
permitted to be taken from the premises
(iii) Parking requirements for any bar area not meeting the definition of bona fide eating
establishment shall be computed at one space per fifty square feet of gross floor area,
(U) Coin-operated arcades subject to the following conditions: 9 I -7-
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(i) No alcoholic beverages shall be permitted on premises
(ii) All activities shall be conducted within the confines of a structure designed to contain the
noise created by such operation
(iii) Construction shall be such as to permit unobstructed view of the interior from the street upon
which the business fronts,
(V) Escort services subject to the following conditions:
(i) Construction shall be such as to permit an unobstructed view of the interior of the premises
from the street upon which the business fronts
(ii) No such business shall be located within five hundred feet of any residential zone
(iii) An applicant shall submit his application for conditional use permit to the chief of police,
which application shall be under oath, and shall include, among other things, the true names and
addresses of all persons financially interested in the business. The past criminal record, if any, of
all persons financially interested in the business shall be shown on such application. The term
“persons financially interested” shall include the applicant and all persons who share in the
profits of the business on the basis of gross or net revenue, including landlords, lessors, lessees,
and the owner of the building, fixtures or equipment. The application shall also be accompanied
by fingerprints of persons financially interested.
The chief of police shall make such investigation as is necessary to determine the background of
the applicant and other persons financially interested. The chief of police shall report to the
planning commission his findings and recommendations as to whether to approve, deny, or
conditionally approve or deny the conditional use permit in writing within thirty days after the
application is submitted. The recommendations of the police chief shall be based on the findings
and may also be based on his judgment of potential enforcement problems and reasons therefor
from the proposed establishment. Failure to so report shall be deemed approval of the
application.
The planning commission may deny an application based on the findings and recommendations
of the chief of police,
(IV) Pawnshops subject to the following conditions:
(i) No pawnshop shall be located within five hundred feet of any establishment licensed to
dispense (for on-site or off-site consumption) alcoholic beverages
(ii) No pawnshop shall be located within five hundred feet of any residentially zoned property
(iii) Every structure housing such operation shall be constructed so as to provide an unobstructed
view of the interior of the premises from the street upon which the business fronts,
(X) Poolhalls or billiard parlors subject to the following conditions:
(i) No such establishment shall be located within five hundred feet of any establishment licensed
to dispense alcoholic beverages for consumption on-site or off-site
(ii) No establishment shall be permitted to dispense alcoholic beverages for consumption on-site
or off-site
(iii) All structures housing such operation shall be constructed so as to permit unobstructed views
of the interior of the premises from the street upon which the business fronts
(iv) Each structure housing such operation shall be constructed so as to contain within the
confines of such structure all noise and all other objectionable byproducts of such operation,
(Y) Secondhand or thrift shops subject to the following conditions:
(i) An applicant shall submit his application for a conditional use permit to the chief of police,
which application shall be under oath, and shall include, among other things, the true names and
addresses of all persons financially interested in the business. The past criminal record, if any, of
all persons financially or otherwise interested in the business shall be shown on such application.
The term “persons financially interested” shall include the applicant and all persons who share in
the profits of the business on the basis of gross or net revenue, including landlords, lessors,
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lessees and the owner of the building, fixtures or equipment. The application shall also be
accompanied by fingerprints of persons financially interested.
The chief of police shall make such investigation as is necessary to determine the background of
the applicant and other persons financially interested. The chief of police shall report to the
planning commission his findings and recommendations as to whether to approve, deny or
conditionally approve or deny the conditional use permit in writing within thirty days after the
application is submitted. The recommendation of the police chief shall be based on the findings
and may also be based on his judgment of potential enforcement problems and reasons therefor
from the proposed establishment. Failure to so report shall be deemed approval of the
application.
The planning commission may deny an application based on the findings and recommendations
of the chief of police.
Charitable organizations shall be specifically exempt from the report provisions of this section.
For purposes of this section, a “charitable organization” is one organized for religious, scientific,
social, literary, educational, recreational, benevolent, or other purpose not that of pecuniary profit
(ii) No goods shall be taken on a consignment basis,
(Z) Tattoo parlors subject to the following conditions:
(i) No tattoo parlor shall be located within five hundred feet of any licensed alcoholic beverage
dispensing operation offering said beverages for on-site or off-site consumption;
(ii) No tattoo parlor shall be operated in conjunction with nor share any operating space with any
other business;
(AA) Windmills exceeding the height limit of the underlying zone, provided the purpose of such
windmills is to generate usable electrical or mechanical energy and provided the windmill is
architecturally compatible with the other buildings on the site.
(BB) Drug paraphernalia stores as defined in Chapter 5.18 of this code subject to the following
conditions:
(i) No drug paraphernalia store shall be located within five hundred feet of any school, church,
residence, residential area, children’s camp or club, child care facility, community center, library,
park, public beach or playground;
(ii) No drug paraphernalia store shall have a sign or advertisement which displays, shows or
represents drug paraphernalia or any illegal drug including but not limited to, marijuana, hashish,
cocaine, or any controlled substance as defined in the Health and Safety Code of the state of
California.
(CC) Mini-warehouses.”
EFFECTIVE DATE: This ordinance shall be effective thirty days after its
adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be
published at least once in a publication of general circulation in the City of Carlsbad within
fifteen days after its adoption. Not withstanding the preceding, this ordinance effectuates a Local
Coastal Program Amendment, and shall not be effective in the Coastal Zone until it is approved
by the California Coastal Commission.
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INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
Council on the 27th day of March ,200 1, and thereafter
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the 3rd day of April ,2001, by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Finnila, Nygaard and Hall.
NOES: None.
CLsELm$, Mayo? v
ATTEST:
~a& M. WOOD, City Clerk
(SEAL)
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