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HomeMy WebLinkAbout2005-09-06; City Council; NS-769; C-T Zone and TR Land Use Designation Amendment...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 ORDINANCE NO. NS-769 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING TITLE 21 OF THE TOURIST ZONE REGULATIONS TO ACHIEVE CONSISTENCY WITH THE TR LAND USE DESIGNATION OF THE GENERAL PLAN, AND AMENDING SPECIFIC PLAN 186 (SP 186(B)) TO ENSURE CONSISTENCY WITH CHAPTER 21.29 OF THE MUNICIPAL CODE BY AMENDING THE C-T COMMERCIAL- MUNICIPAL CODE (C-T COMMERCIAL-TOURIST ZONE). CASE NAME: C-T ZONE AND TR LAND USE DESIGNATION AMENDMENTS CASE NO.: ZCA 02-02 / SP186 (B) WHEREAS, the City Council of the City of Carlsbad, California has reviewed and considered a Zone Code Amendment (ZCA 02-02) to amend Chapter 21.29 of the Carlsbad Municipal Code (C-T Commercial-Tourist Zone) to more accurately implement the TR TravelIRecreation Commercial land use designation of the General Plan; and WHEREAS, the City Council of the City of Carlsbad, California has reviewed and considered a Specific Plan Amendment (SP 186(B)) to revise the list of uses permitted in Area B (Travel Oriented Uses) of Specific Plan 186 to ensure consistency with the C-T Commercial- Tourist Zone of the Carlsbad Zoning Ordinance, and update terminology used throughout Specific Plan 186 for consistency with the Zoning Ordinance and General Plan; and WHEREAS, after procedures in accordance with the requirements of law, the City of Carlsbad has determined that the public interest indicates that said amendment to the Zoning Ordinance (ZCA 02-02) and amendment to Specific Plan 186 (SP 186(B)) be approved. NOW THEREFORE, the City Council of the City of Carlsbad, California does ordain as follows: SECTION 1 : That the amendment to Specific Plan 186 (SP 186(B)), is approved as shown in Planning Commission Resolution No. 5928, on file with the City Clerk and incorporated herein by reference. SECTION 2: That Chapter 21.08 of the Carlsbad Municipal Code is amended to read as follows: //I a 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 Chapter 21.29 C-T COMMERCIAL TOURIST ZONE Sections: 21.29.01 0 Intent and purpose. 21.29.020 Location. 21.29.030 Permitted Uses. 21.29.040 Building height. 21.29.050 Placement of buildings. 21.29.010 Intent and purpose. A. 1. 2. The intent and purpose of the C-T Commercial Tourist Zone is to: Implement the TraveVRecreation Commercial (TR) Land Use designation of the Carlsbad General Plan; and Provide for the development of tourist-oriented attractions and commercial uses that serve the travel and recreational needs of tourists, residents, as well as employees of business and industrial centers; and 3. Provide regulations and development standards to ensure such uses are compatible with and designed to protect surrounding properties, ensure safe traffic circulation, and promote economically viable tourist-oriented areas of the City. 21.29.020 Location. It is intended that the C-T Commercial-Tourist Zone be placed on properties located near major transportation corridors or recreation areas as designated by the general plan and any applicable specific plans. A. 21.29.030 Permitted Uses. In the C-T Commercial-Tourist Zone, notwithstanding any other provision of this title, only the uses and structures listed in Table A, below, shall be permitted, subject to the requirements of this chapter and the development standards provided in Chapters 21.41 and 21.44. The uses and structures permitted by conditional use permit, as indicated in Table A, shall be subject to the provisions of Chapters 21.42 and 21 50. Uses similar to those listed in Tables A and B may be permitted if the planning director determines such similar use falls within the intent and purpose of this zone, and is substantially similar to a specified permitted use. A use category may be general in nature, where more than one particular use fits into the general category (e.g., in some commercial zones “offices” is a general use category that applies to various office uses). However, if a particular use is permitted by conditional use permit in any zone, the use shall not be permitted in a zone (even under a general use category), unless it is specifically listed in the zone as permitted or conditionally permitted. A. B. C. D. Ill Ill Ill If I //I -2- 3 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 TABLE A Permitted Uses In the table, below, subject to all applicable permitting and development requirements of the Municipal Code: 0 “P” indicates use is permitted “CUP” indicates use is permitted with approval of a conditional use permit. 0 “Acc” indicates use is Permitted as an accessorv use. USE Accessory uses/structures, which are customarily appurtenant to a permitted use (e.g., incidental storage facilities) (see note 1 , below) (defined: Section 21.04.020) Agricultural farmworker housing (temporary), subject to Section 21.42.010(2)(M) Airports Amusement parks Aquaculture (defined: Section 21.04.036) Aquariums Arcades (coin-operated), subject to Section 21.42.01 0(5)(U) (defined: Section 21.04.091) Art galleries Athletic clubs, gymnasiums, health clubs ATM kiosks (see note 1, below) Automobile rental (no auto repair) Automobile service station, subject to Section 21.42.01 O(7) Bait shops (accessory to a recreation facility) Bars, cocktail lounges, subject to Section 21.28.01 5(4) (defined: Section 21.04.041) Bed & Breakfasts, subject to Section 21.42.01 0(12)(A) (defined: Section 21.04.046) Biological habitat preserve, subject to Section 21.42.01 0(15)(A) (defined: Section 21.04.048) Boat launchina/dockina facilities Bota nica I gardens Bowling alley, subject to Section 21.42.01 0(5)(T) (defined: Section 21.04.057) Cammites (overniahtl. subiect to Section 21.42.01 O(2MH Carwash (accessory to an automobile service station), subject to Section 21.28.015(6) Cemeteries Churches, synagogues, temples, convents, monasteries, and other places of worship Commercial artisan studios/ retail (e.g., jewelry arts, painting, pottery, glass blowing, etc.) Cultural activities and facilities Drive-thru facilities (not restaurant) Educational institutions or schools, public/private (defined: Section 21.04.140) Entertainment activities and facilities Fairgrounds Farmers markets -3- 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 Radio/television/microwave/broadcast stationhower Recreation facilities Recycling collection facilities (small or large), subject to Chapter 21 .I05 (defined: Section 21.05.01 5) Recycling, reverse vending machines, subject to Chapter 21.105 (see note 1, below) Restaurants, cafes, coffee shops, including take-out only (no drive-thru) Restaurants (located adjacent to residentially developed or designated property, no drive-thru) Retail (specialty - catering to tourists) (e.g., antique stores, bookstores, TABLE A cont’d Permitted Uses X X X X X X V Racetracks 11x1 -. - souvenir/gift/novelty shops, specialty apparel shops) Satellite TV antennas, subject to Sec. 21 53.130 - 21 53.150 (see note 1, A \I below) (defined: Section 2i .04.302) Services (personal), limited to drycleaners, laundromats, and personal grooming (e.g., barbershops, beauty salons, day spas) Signs, subject to Chapter 21.41 (see note 1, below) (defined: Section 21.04.305) Stadiums Sporting equipmentlapparel saleshental Theaters (motion picture or live) - indoor Theaters, stages, amphitheaters - outdoor Timeshare projects, subject to Section 21.42.01 O( 1 O)(A) (defined: Section n X X X X X X V A . .. .. 21 -04.357) -4- 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 Tourist information centers Transit passenger terminals (bus & train) TABLE A cont’d P CUP Acc X X Permitted Uses USE Vacation rental office Video rental/sales Zoos (Private). subiect to Section 21.42.01 0f2)fK) Windmills (exceeding height limit), subject to Section 21.42.01 0(5)(AA) X X X X I Travel aaencies 1x1 I -7 Note: Accessory uses shall be developed as an integral part of a permitted use within or on the same structure or parcel of land. A conditional use permit is not required for a golf course if it is approved as part of a master plan for a planned community development. Public/quasi-public accessory utility buildings/facilities include, but are not limited to, water wells, water storage, pump stations, booster stations, transmission/distribution electrical substations, operating centers, gas metering/regulating stations, or telephone exchanges, with the necessary accessory equipment incidental thereto. A CUP shall not be required for those utility buildings/facilities that are built, operated or maintained by a public utility to the extent they are regulated by the California Public Utilities Commission. 1) 2) 3) 21.29.040 Building height. No building in the C-T zone shall exceed a height of thirty-five feet or three levels and allowed height protrusions as described in Section 21.46.020 shall not exceed forty-five feet. Additional building height may be permitted to a maximum of forty-five feet through a site development plan approved by the city council provided that: A. I. 2. The building does not contain more than three levels; and All required setbacks shall be increased at a ratio of one horizontal foot for every one foot of vertical construction beyond thirty-five feet. The additional setback area will be maintained as landscaped open space; and The building conforms to the requirements of Section 18.04.170 of this code; and The allowed height protrusions as described in Section 21.46.020 do not exceed forty-five feet; with the exception of architectural features such as flagpoles, steeples or architectural towers which may be permitted up to fifty-five feet if the council makes the specific findings that the protruding architectural features: 3. 4. a. b. C. d. Do not function to provide usable floor area; and Do not accommodate and/or screen building equipment; and Do not adversely impact adjacent properties; and Are necessary to ensure a building’s design excellence. 21.29.050 Placement of buildings. On any lot where the side or rear lot line abuts property in any R zone and no alley intervenes, no building shall be erected closer than ten feet to such lot line; provided, further, if such a lot abuts upon an alley, no building shall be erected closer than five feet to the rear lot line of such lot. A. SECTION 3: That the findings of the Planning Commission as set forth in Planning Commission Resolutions No. 5925 , 5927 and 5928 constitute the findings of the City Council. -5- (P 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 EFFECTIVE DATE: This ordinance shall become effective thirty (30) days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in a publication of general circulation in the City of Carlsbad within fifteen days after its adoption. (Not withstanding the preceding, this ordinance shall not become effective within the City’s Coastal Zone until LCPA 02-06 is approved by the California Coastal Commission.) INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 16th day of AUGUST 2005, and thereafter. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the 6th day Of SEPTEMBER 2005, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Packard, Sigafoose NOES: Nne ABSENT: Council Member Hall AXROVED AS TO FORM AND LEGALITY ATTEST: -6-