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HomeMy WebLinkAbout2006-02-21; City Council; NS-791; Conditional Use Permit Code Revisions...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 SECTION as follows: N 21.42.010 21.42.020 21.42.030 21.42.040 21.42.050 21.42.060 21 .42.070 21.42.080 21.42.090 21.42.100 21.42.110 21.42.120 21.42.130 21.42.140 III III ORDINANCE NO. NS-791 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING TITLE 21 OF THE MUNICIPAL CODE AND THE LOCAL COASTAL PROGRAM BY (1) REPEALING AND RENACTING CONDITIONAL USE PERMIT CHAPTER 21.42, TITLE 21, OF THE CARLSBAD MUNICIPAL CODE, (2) AMENDING CHAPTER 21.50, VARIANCES AND CONDITIONAL USE PERMITS, TO DELETE REFERENCES TO CONDITIONAL USE PERMITS, (3) AMENDING CHAPTER 21.04, DEFINITIONS, TO ADD DEFINITIONS FOR DELICATESSEN, EDUCATIONAL FACILITIES (OTHER), GAS STATION, AND PUBLIC AND QUASI PUBLIC BUILDINGS AND ACCESSORY UTILITY BUILDINGS AND FACILITIES, (4) AMENDING CHAPTER 21.44, PARKING, TO ADD A PARKING STANDARD FOR DELICATESSENS, AND (5) AMENDING THE SECTIONS ON ALLOWED USES AND CONDITIONAL USES WITHIN ALL ZONES. CASE NAME: CUP CODE REVISIONS CASE NO.: ZCA 04-09 The City Council of the City of Carlsbad, California, does ordain as follows: SECTION I: That Title 21, Chapter 21.42, Conditional Use Permits, is repealed and reenacted TITLE 21 MINOR CONDITIONAL USE PERMITS AND CONDITIONAL USE PERMITS CHAPTER 21,42 Purpose Authority. Findings of fact. Conditions which may be added prior to granting permit. Application and fees. Notices and hearings. Decision making process Announcement of findings and decision. Mailing of notice of decision. Appeals. Expiration period. Revocation. Amendment. Development standards and special regulations 1 21.42.010 Purpose 2 The purpose of the minor conditional use permit or conditional use permit is to allow special consideration for certain uses to be located in zones other than those in which they are 3 classified as permitted because of their particular characteristics. 4 Such uses may only be suitable in specific locations in a zoning classification or only if such uses are designed or laid out in a particular manner on the site or are subjected to specific 5 conditions to assure compatibility within the zone and its surroundings. Since it would be impractical and detrimental to the peace, health, safety and general welfare to permit such uses 6 in all areas of the city in any one or more zones, the peace, health, safety and general welfare will be promoted if such uses are authorized only by minor conditional use permit or conditional 7 use permit in accordance with the standards hereinafter set forth. 8 The privileges and conditions of a minor conditional use permit or conditional use permit are a covenant that runs with the land, and, in addition to binding the permittee, bind each 9 successor in interest. 10 21.42.020 Authority. The Planning Director or his designee may approve, conditionally approve or deny minor conditional use permits and the Planning Commission or City Council may approve, conditionally approve or deny conditional use permits, for uses in zones as prescribed in the this . „ title, upon making the findings of fact listed in 21.42.030 below. 14 21.42.030 Findings of fact. 15 A. A minor conditional use permit or conditional use permit shall be granted only if the following facts are found to exist in regard thereto: 16 1. That the requested use is necessary or desirable for the development of the community, and is in harmony with the various elements and objectives of the general plan, 17 including, if applicable, the certified local coastal program, specific plan or master plan. 2. That the requested use is not detrimental to existing uses or to uses 18 specifically permitted in the zone in which the proposed use is to be located. 3. That the site for the proposed conditional use is adequate in size and shape 19 to accommodate the yards, setbacks, walls, fences, parking, loading facilities, buffer areas, landscaping and other development features prescribed in this code and required by the 20 planning director, planning commission or city council, in order to integrate the use with other uses in the neighborhood. 21 4. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use. 22 B. When the subject of the application for minor conditional use permit or 23 conditional use permit is protected by the First Amendment to the United States Constitution, or Article I, Section 2 of the California Constitution then only the definite objective guidelines and 24 standards of this chapter and of any other chapter of this code applicable to the property shall apply. The general health, safety and welfare requirements of this subsection shall not apply 25 and any requirements of this code which may not be constitutionally applied shall be severed from the requirements which may be constitutionally applied and those applicable shall remain 26 in full force and effect. 27 28 -2- 1 21.42.040 Conditions which may be added prior to granting permit. 2 A. In granting a minor conditional use permit or conditional use permit, any and all conditions necessary to protect the public health, safety and welfare, may be added thereto, 3 including but not limited to the following: I. Regulation of use; 4 2. Special yards, open space, and buffers; 3. Fences and walls; 5 4. Dedicating and improving public improvements; 5. Regulation of points of vehicular ingress and egress; 6 6. Requiring placement and maintenance of landscaping; 7. Regulation of signage, noise, vibration, odors, etc.; 7 8. Regulation of time for certain uses on the subject property; 9. Time schedule for developing the proposed use; 10. Time period during which the proposed use may be continued; I1. Any other conditions necessary for the development of the city in an orderly and efficient manner and in conformity with the intent and purpose set forth in this chapter. 10 21.42.050 Application and fees. A. Application for a minor conditional use permit or conditional use permit may be made by the owner of the property affected or the authorized agent of the owner. Application shall be made in writing on a form provided by the planning department. The application shall ,o state fully the circumstances and conditions relied upon as grounds for the application and shall be accompanied by adequate plans, a legal description of the property involved and all other materials as specified by the planning department. B. At the time of filing the application the applicant shall pay a processing fee in an amount as specified by city council resolution. 16 21.42.060 Notices and hearings. 17 A. Upon the filing of an application for a minor conditional use permit, the planning director shall give written notice by mail or personal delivery to the project applicant, the owner 18 of the subject real property or the owner's duly authorized agent and to all property owners as shown on the latest equalized assessment roll within three hundred (300) feet of the subject 19 property at least fifteen (15) days prior to a decision on the application. B. Upon the filing of an application for a conditional use permit, the planning 20 commission or city council shall give public notice, as provided in Section 21.54.060(1) of the intention to consider at a public hearing the granting of a conditional use permit. 21 21.42.70 Decision making process 22 A. Applications for minor conditional use permits or conditional use permits shall be acted upon in accordance with one of three decision processes identified below. As required by ,. Chapter 21.208, commercial/visitor-serving uses located within the commercial/visitor-serving overlay zone shall be decided by process three. ~r 1 • Process One - Minor Conditional Use Permit. a. To determine whether the conditional use permit is decided by process one, please refer to the use regulation table in each zone. b. Any person so notified in accordance with Section 21.42.060(A) above may file written objections or a written request to be heard within ten (10) days after the mailing or personal delivery of the notice. If a written request to be heard is filed, the 28 1 planning director shall schedule an informal hearing and provide written notice to the applicant and the requestor at least five (5) days prior to the hearing. The hearing is not a 2 formal public hearing. c. An application for a minor conditional use permit may be approved, 3 conditionally approved or denied by the planning director based upon his/her review of the facts as set forth in the application and review of the circumstances of the particular case. 4 d. The planning director may approve the minor conditional use permit if all of the findings of fact in Section 21.42.030 are found to exist. 5 2. Process Two. a. To determine whether the conditional use permit is decided by 6 process two, please refer to the use regulation table in each zone. b. An application for certain conditional use permits may be approved, 7 conditionally approved or denied by the planning commission at a public hearing noticed in accordance with Sections 21.54.060, 21.54.061 and 21.54.062. 8 c. The planning commission shall hear the matter, and may approve the conditional use permit if, from the evidence presented at the hearing, all of the findings of 9 fact in Section 21.42.030 are found to exist. 3. Process Three. 10 a. To determine whether the conditional use permit is decided by process three, please refer to the use regulation table in each zone. 11 b. An application for certain conditional use permits may be approved, conditionally approved or denied by the city council at a public hearing noticed in 12 accordance with Sections 21.54.060, 21.54.061 and 21.54.062. c. Before the city council decision, the planning commission shall hear and consider the application for a conditional use permit and shall prepare a recommendation and findings for the city council including all matters set out in Section 21.42.030. The action of the commission shall be filed with the city clerk, and a copy shall be mailed to the applicant. d. When the planning commission action is filed with the city clerk, the clerk shall set the matter for public hearing before the city council, to be noticed and held in accordance with the provisions of Chapter 21.54. e. The city council shall hear the matter, and after considering the ' findings and recommendations of the planning commission, may approve the conditional use permit if, from the evidence presented at the hearing, all of the findings of fact in Section 21.42.030 are found to exist. 19 21.42.080 Announcement of findings and decision. 20 A. Not more than twenty (20) days following the termination of the proceedings for a minor conditional use permit or a public hearing for a conditional use permit, the planning director shall announce his/her findings by letter and the planning commission or city council 22 shall announce its findings by formal resolution. The letter or resolution shall recite, among other things: 1. The facts and reasons which, in the opinion of the planning director, planning commission or city council, make the granting or denial of the minor conditional use permit or conditional use permit necessary to carry out the provisions and general purpose of this title. 25 2. That the minor conditional use permit or conditional use permit be granted or denied. 26 3. If the letter or resolution orders that the minor conditional use permit or conditional use permit, be granted, it shall also recite such conditions and limitations as the 27 planning director, planning commission or city council may impose. 28 -4- 1 21.42.090 Mailing of notice of decision. 2 A. Not later than seven (7) days following the announcement of a decision ordering that a minor conditional use permit or conditional use permit be granted or denied, a copy of the 3 letter or resolution shall be mailed to the applicant at the address shown on the application filed with the planning director, planning commission or city council. 4 21.42.100 Appeals. A. In the case of minor conditional use permits, the action of the planning director may be appealed to the planning commission in accordance with Section 21.54.140. The planning commission's action to approve, conditionally approve or deny is final. B. In the case of conditional use permits, the action of the planning commission may be appealed to the city council in accordance with Section 21.54.150. The city council's action to approve, conditionally approve or deny is final. 9 21.42.110 Expiration period. 10 A. Expiration of permit if not exercised. Any minor conditional use permit or H conditional use permit becomes null and void if not exercised within (18) months of the date of approval. 12 B. Extension of permit if not exercised. The planning director/ planning commission/city council may extend the time within which the right or privilege granted under a 13 minor conditional use permit or conditional use permit must be exercised for one (1) additional year upon receipt of a written request from the applicant prior to the expiration of such minor 14 conditional use permit or conditional use permit. In granting such extension the planning director/ planning commission/city council shall make a written finding that neighborhood 15 conditions have not substantially changed since the granting of such minor conditional use permit or conditional use permit. 16 C. Expiration of permit. Such rights and privileges granted under a minor conditional use permit or conditional use permit shall also expire at such time as the planning director/ 17 planning commission/city council may designate in the approval of the minor conditional use permit or conditional use permit. 18 D. All existing conditional use permits approved prior to the effective date of this amended ordinance which include an expiration date and a requirement to extend the permit, 19 may be hereby approved administratively by the Planning Director in perpetuity without the requirement to extend the conditional use permit. 20 21.42.120 Revocation. 21 A. The planning director/ planning commission/city council shall have continuing 22 jurisdiction over any minor conditional use permit or conditional use permit. B. To consider the revocation of a minor conditional use permit, the planning 23 director shall hold an informal hearing after giving notice by the same procedure as for consideration of a minor conditional use permit. 24 C. To consider the revocation of a conditional use permit the planning commission/city council shall hold a public hearing after giving notice by the same procedure as25 for consideration of a conditional use permit request. , D. The planning director/ planning commission/city council may revoke and terminate the minor conditional use permit or conditional use permit in whole or in part, reaffirm the minor conditional use permit or conditional use permit, modify the conditions or impose new conditions. 28 fr 1 E. The action of the planning director/ planning commission is appealable by the same procedure as for the minor conditional use permit or conditional use permit. 2 F. A minor conditional use permit or conditional use permit may be revoked or conditions modified or added on any one or more of the following grounds: 3 1. That the minor conditional use permit or conditional use permit was obtained by fraud or misrepresentation; or 4 2. That the use for which such approval is granted is not being exercised; or 3. That the minor conditional use permit or conditional use permit is being or 5 recently has been exercised contrary to any of the terms or conditions of approval; or 4. That the use for which such approval was granted has ceased to exist or has 6 been suspended for one year or more; or 5. That the use is in violation of any statute, ordinance, law or regulation; or 7 6. That the use permitted by the minor conditional use permit or conditional use permit is being or has been so exercised as to be detrimental to the public health, safety or 8 welfare or so as to constitute a nuisance. 9 21.42.130 Amendment. u Any approved minor conditional use permit or conditional use permit may be amended by following the same procedure as for approval of a minor conditional use permit or conditional use permit and upon payment of the application fee contained in the most recent fee schedule adopted by the City Council. 13 21.42.140 Development Standards and Special Regulations 14 A. The following development standards applicable to the particular zone in which any minor conditional use or conditional use is proposed to be located shall prevail, unless in 15 the findings and conditions recited in the letter or resolution dealing with each such matter, specific exemptions are made with respect thereto: 16 1. Front and side yard setbacks; 2. Building height; 17 3. Lot area; and 4. Off street parking. 18 B. The minor conditional uses and conditional uses identified in this section shall be 19 subject to the following special regulations: 20 2. Agricultural farm worker housing (temporary): a. A CUP is required unless exempted by Government Code Section 21 65589.4. 22 5. Apiary: a. All hives or boxes housing bees shall be placed at least 400 feet from 23 any street, school, park, residential zone, or dwelling or place of human habitation other than that occupied by the owner or caretaker of the apiary. 24 10. Aquaculture stands: 25 a. In considering the appropriateness of such facility the minimum following criteria shall be considered: 26 i. Safe access, ii. Adequate parking, 27 iii. Location and appearance of structure or facility, 28 -6- 1 iv. Appearance and location of signs, v. Compatibility with adjacent uses, 2 vi. Scale of operation. 3 15. Arcades (coin-operated): a. No alcoholic beverages shall be permitted on premises. 4 b. All activities shall be conducted within the confines of a structure designed to contain the noise created by such operation. 5 c. An opening shall be provided through which an unobstructed view of the interior of the premises can be obtained from the exterior of the building. 6 20. Bars and cocktail lounges: 7 a. An opening shall be provided through which an unobstructed view of the interior of the premises can be obtained from the exterior of the building. 8 b. Parking shall be provided at the rate of not less than 1 space per 50 square feet of gross floor area. 9 c. Surrounding grounds, including parking areas, shall be maintained in a neat and orderly condition at all times. 10 d. Any structure housing such operation shall meet all applicable code provisions prior to occupancy. e. Licensee or agent shall not permit open containers of alcoholic liquor to be taken from the premise. 12 f. No bar or cocktail lounge shall be located within 500 feet of any other bar or cocktail lounge. i *J 25. Bed and breakfast uses: a. All proposed bed and breakfast uses shall be located within a historically or architecturally interesting structure which is located in a scenic or other area of the city with a unique character. b. A resident manager or owner must live at and be involved in the daily operation of the facility. Documents pertaining to the operation and maintenance of such facility shall be submitted for staff approval prior to building permit issuance. *' c. All bed and breakfast uses shall contain no less than 3 and no more than 8 individually decorated guest rooms. A common room shall be available for social 18 interaction. 19 d. If meals are served other than for guests staying at the facility, then the use shall be subject to the requirements of this code for the establishment of a restaurant. e. Parking spaces shall be provided at a ratio of 2 spaces for the owner/manager, plus 1 space for each guest room. Guest parking spaces may be covered or uncovered. One (1) covered parking space shall be provided for the owner/manager unit. No parking is permitted within the front yard setback. 22 f- Exterior lighting shall be designed to limit direct light glare outside of the project site. g. No kitchens or other cooking facilities in the guest rooms. h. Occupancy of guest units shall be limited to 7 days. i. The application for a conditional use permit shall include the submittal of an architectural theme, colored elevations and site plan for review. 25 30. Biological habitat preserve: 25 a. The biological habitat preserve shall not adversely impact the city's ability to provide public facilities and improvements such as, but not limited to, circulation 27 element roadways, sewer or water infrastructure improvements and drainage improvements, as 28 -7- 1 provided for in the citywide facilities and improvements plan, and the certified local coastal program. 2 b. The biological habitat preserve shall be consistent with the city's habitat management plan or agency-approved habitat management plan. 3 c. The biological habitat preserve shall be consistent with the city's local coastal program. 4 d. A conditional use permit shall not be required when a biological habitat preserve is associated with a development proposal otherwise requiring environmental 5 review and discretionary approval by the city, or a coastal development permit. e. Nothing in this section shall be construed as permitting encroachment 6 or impacts to environmentally sensitive habitat areas and wetlands not permitted elsewhere in the certified local coastal program. 7 35. Bowling alleys: 8 a. No noise shall be audible outside of the structure. b. If alcoholic beverages are offered for consumption on site, no open 9 container shall be permitted to be removed from the premises. c. Parking requirements for any bar area not meeting the definition of 10 bona fide eating establishment shall be computed at 1 space per 50 square feet of gross floor area.11 40. Campsites (overnight): 12 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. The site plan for an overnight campsite shall be prepared by a licensed architect or landscape architect. d. No person shall occupy any part of an overnight campsite for more than 90 days, in the aggregate, during any given year. e. The design of an overnight campsite shall be subject to the following ' conditions: i. Upon site review, a perimeter 6-foot fence or wall may be 18 required. Interior 6 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. ii. 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 required. The remaining travel surfaces (camp pads, footpaths, 22 maintenance roads) will be covered with decomposed granite or equivalent material. iii. Associated signs, freestanding or attached to buildings shall be designed and constructed in accordance with city ordinances. iv. Unit site densities shall be computed from a slope analysis of 24 the project area: 0-5 percent slope = maximum 7 units/acre; 6-15 percent slope = maximum 3 units/acre; 16 plus percent slope = permanent open space. 25 v. Sites within the campground shall be clearly marked and shall be not less than 2,500 square feet in area. vi. Sites utilized by auto-truck campers, trailers, mobile coaches, shall front on a roadway not less than 15 feet wide and which affords access to a public road. 27 28 -8- 1 vii. Said campground facility shall total not less than 10 acres, of which not less than 60% of the site shall be utilized for recreation activities, other than buildings, 2 roadways, parking pads, trash or storage areas. viii. Camping spaces shall be placed at random throughout the 3 project, so as not to reflect uniformity in appearance or design. ix. Exterior lighting shall be a type so as not to make visible a 4 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 5 development. x. Landscaping and sprinkler system shall be constructed in 6 conformance with a plan prepared by a registered landscape architect and approved by the planning director prior to building permit issuance. The sprinkler system shall be applied only to 7 those areas that are not in extensive recreational use. Such landscaping shall be in conformance with but not limited to the following minimum standards: 8 (A) The campground site shall be planted with combinations of flowers, turf, groundcovers, shrubs, and trees; said plantings shall 9 be distributed throughout the site to create a park-like effect. (B) Trees shall be planted at a ratio of 1 for each 1,000 10 square feet of gross land area. Ten percent (10%) of all trees shall be of specimen size. The remaining 90% shall be equally divided among 15, 5 and 1-gallon sizes. 1 Existing on-site trees may be utilized to fulfill tree requirements. xi. An architectural concept plan including plans for all structures and fences shall be adopted for the total development to assure harmony and compatibility of all facilities within the campground. xii. 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. xiii. 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.16 45. Car wash: *' a. The site shall be designed to reduce the visual impacts of buildings and waiting cars on surrounding development and from public streets. 18 b. All structures shall be architecturally designed to ensure compatibility with surrounding development. c. A noise analysis addressing noise impacts on surrounding development may be required. d. A traffic study which analyzes the impact of the proposed carwash on adjacent and nearby intersections may be required. The limits of this study shall be established by the planning director. e. Adequate parking and circulation shall be provided on-site to accommodate the proposed use. f. Waiting areas for cars shall be screened by a combination of landscaping, fencing and berming. 24 g. All signs shall comply with an approved sign program. h. Adequate means of eliminating grease and oils from drainage systems shall be provided. 50. Drive-thru restaurants: a. Drive-thru restaurants are prohibited within all zones in the city, 27 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 28 -9- 1 restaurants that are either existing or have received final approvals on January 5, 1998 are allowed to continue in existence subject to the terms and conditions of this code and the 2 conditional use permit or other discretionary permit permitting them and may apply for and may be granted CUP extensions under this code. 3 55. Drug paraphernalia stores: 4 a. No drug paraphernalia store shall be located within 500 feet of any school, church, residence, residential area, children's camp or club, child care facility, 5 community center, library, park, public beach or playground. b. No drug paraphernalia store shall have a sign or advertisement which 6 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 7 Code of the state of California. c. An opening shall be provided through which an unobstructed view of 8 the interior of the premises can be obtained from the exterior of the building. 9 60. Escort services: a. An opening shall be provided through which an unobstructed view of 10 the interior of the premises can be obtained from the exterior of the building. b. No such business shall be located within 500 feet of any residential 11 zone. c. An application for a conditional use permit shall be referred to the 12 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 1 ' 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 180 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 therefore from the proposed establishment. Failure to so report shall be 2ft deemed approval of the application. The Planning Commission may deny an application based on the findings and recommendations of the chief of police. 21 65. Gas stations: 22 a- Permits for gas stations shall be granted only in the event one (1 ) or more of the following factual situations is found to exist: i. The use is to be developed as part of a master-planned recreation area, industrial park, regional or community shopping center. 24 ii. The use is to be developed as part of a freeway-service facility, containing a minimum of two freeway oriented uses. 25 iii. The use is to be developed as part of a commercial facility that is an integral part of a planned community development. 26 b. Development standards: 27 i. All structures shall be architecturally designed to be compatible with surrounding neighborhood uses. 28 -10- 1 ii. Landscape plans shall consist of the following: (A) Perimeter planter areas of a minimum of 6 feet in width 2 and planter areas adjacent to the structure, (B) Six-inch (6") concrete curb bounding all planter areas, 3 (C) Landscaping including a combination of flowers, shrubs, and trees, 4 (D) A sprinkler system providing total and effective coverage to all landscaped areas, 5 (E) A statement delineating a maintenance schedule and responsibility for maintenance of landscaped areas. 6 iii. A 6-foot high masonry wall shall be constructed on all sides of the property that adjoin residential or residential-professional zoned property. 7 iv. All exterior lighting shall be shielded or oriented in such way so as not to glare on adjacent properties. 8 v. All displays and storage shall be contained within the main structure. 9 vi. Trash containers shall be contained within a 6 - foot high enclosure. 10 vii. All signs shall be in conformance with the city's sign ordinance. viii. Full public improvements shall be provided as may be required for public convenience and necessity. c. The development standards (see subparagraph b. above) shall apply 12 to existing gas stations when renovated structurally, and any newly developed service stations. Provisions regarding location shall not apply to gas stations in existence as of September 15,13 1970. 70. Greenhouses (greater than 2,000 square feet in area) and Packing/Sorting Sheds (greater than 600 square feet in area): a. Lighting shall be directed away from nearby residences and shall not create undue illumination. b. Fans shall not create a noise nuisance to nearby residences. c. Driveways shall be improved with dust control material and be maintained. d. Structure, including panels or coverings, shall be maintained and not 18 become a safety hazard or nuisance to the neighborhood. e. The approving conditional use permit resolution shall contain the time limits of the permit and the provisions for periodic review. 20 75. Hazardous waste facilities: a. Applications for specified hazardous waste facilities shall be processed in accordance with the requirements of this code and of Chapter 6.5 of Division 20 of 22 tne Health and Safety Code commencing with Section 25100. A conditional use permit for a specified hazardous waste facility shall not be approved unless all of the following findings can be made: i. That all of the findings required by this chapter for approval of a 24 conditional use permit can be made, ii. That the project is consistent with Chapter IX Section C (General Areas) and Appendix IX-B (General Areas) of the San Diego County Hazardous Waste Management Plan, and, 26 iii. That the project is consistent with Chapter IX Section B (Siting Requirements) and Appendix IX-A (Siting Criteria) of the San Diego County Hazardous Waste 27 Management Plan. 28 -11- 1 80. Hotel and motel uses: a. The application for a conditional use permit shall include the submittal 2 of an architectural theme, colored elevations and site plan. b. When adjoining residentially zoned property, hotels and motels under 3 this section must comply with the following provisions: i. Front yard setbacks, buildings -- 25 feet or the same distance as 4 existing buildings on adjoining lots; driveway or parking area -- 10 feet; outdoor recreational amenities --10 feet; 5 ii. A 6 foot-high masonry wall shall be constructed along all property lines that are adjacent to residentially zoned properties (except where prohibited by approved 6 driveways). 7 85. Liquor stores: a. There are specifically designated parking spaces that are sufficient for 8 the use. b. Traffic flow on public streets or in parking areas will not cause 9 congestion or be detrimental to other nearby neighborhood commercial uses. c. That all measures have been taken to insure compatibility of the use 10 with the surrounding neighborhood. d. An opening shall be provided through which an unobstructed view of 1 the interior of the premises can be obtained from the exterior of the, building. e. Such establishment shall not be located within 500 feet of any other 12 licensed liquor store. 90. Mobile buildings: a. The mobile building shall be occupied by a permitted or conditional use allowed in the zone in which it is placed. b. The occupancy shall be limited to a five-year term, unless extended by the Planning Commission. c. Newly placed mobile buildings shall not be installed on permanent foundations. d. All mobile buildings shall have wood or stucco siding and must be 1' installed with skirting to screen the chassis, wheels, and temporary foundation system e. All mobile buildings must meet all applicable local, state, and federal 18 codes including, but not limited to: manufacturer's certificate of origin, current and valid registration tags, adequate accessibility for disabled persons, temporary foundation system design and installation, utility connections, and zoning requirements such as building height and setbacks. ~. 95. Oil and gas facilities (on-shore) including, but not limited to: processing plants, refineries, storage facilities, transfer stations, pipelines, warehouses, offices, tanker 22 terminals, helicopter pads and the like: Such facilities are prohibited except upon findings by the city council that: i. Approval of the proposed project and facilities will pose no danger to life and property to residents of the neighborhood, community or city, 24 ii. Approval of the proposed project will not pose a potential threat of damage or injuries to nearby residents, 25 iii. The benefits of the proposed project clearly outweigh the possible adverse environmental effects, 25 iv. There are no feasible alternatives to the proposed project, and v. The location and approval of the on-shore facilities at the particular 27 location clearly outweigh any potential harm to public health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood or community and will not be 28 -12- 1 detrimental or injurious to property in the neighborhood, community or to the general welfare of the city. 2 vi. Such facilities shall also require a planned industrial permit pursuant to Chapter 21 .34. 3 100. Parks, public: 4 a. All applications for a public park shall include a master park site plan exhibit. The master park site plan exhibit shall include the general location of and maximum 5 anticipated site area and building area of proposed major and accessory park uses (i.e.; picnic areas, playfields, playgrounds, athletic fields, swimming pools, tennis/volleyball courts, 6 gymnasiums, clubhouses, restrooms, trails, driveways, parking areas and fences). b. The development of the specific uses that are identified on the master 7 park site plan shall not require an additional conditional use permit or an amendment to the existing master park site plan conditional use permit. 8 c. Park improvements that do not add a new land use to the master park site plan or increase the maximum anticipated site area or building area for a use by more than 9 20 percent of what is anticipated on the master park site plan may be approved administratively by the Planning Director. 10 105. Pawnshops: a. No pawnshop shall be located within 500 feet of any establishment licensed to dispense (for on-site or off-site consumption) alcoholic beverages. b. No pawnshop shall be located within 500 feet of any residentially zoned property. 13 c. An opening shall be provided through which an unobstructed view of the interior of the premises can be obtained from the exterior of the building.14 1 1 0. Pool halls or billiard parlors: a. No such establishment shall be located within 500 feet of any establishment licensed to dispense alcoholic beverages for consumption on-site or off-site. b. No establishment shall be permitted to dispense alcoholic beverages for consumption on-site or off-site. 17 c. An opening shall be provided through which an unobstructed view of the interior of the premises can be obtained from the exterior of the building. ° d. Each structure housing such operation shall be constructed so as to contain within the structure all noise and other objectionable byproducts of such operation. 1 1 5. Processing plants for farm crops, similar to those being grown on the a. No processing plant shall be located within 50 feet of any lot line. premises: 22 120. Recreational vehicle (RV) storage: a. Only recreational vehicles as defined in Section 21.04.298 of this code may be stored within any recreational vehicle storage area; all stored vehicles must be in an operable condition and, if required, currently licensed. 24 b. Permitted recreational vehicle storage shall not be utilized as a sales yard, or as storage for a sales yard. An occasional sale by an individual may be permitted. 25 c. The maintenance, restoration and/or repair of any vehicle shall not be permitted within any recreational vehicle storage area, unless otherwise specifically permitted by the conditional use permit. d. The utilization of a stored vehicle as a living unit shall not be 27 permitted. 28 -13- 1 e. An accessory building, for administrative and security purposes, may be permitted by the conditional use permit. 2 f. All approved recreational vehicle storage areas shall be subject to the following development standards: 3 i. All recreational vehicle storage areas shall be surfaced with 2 inches of asphalt on 4 inches of base, or with an alternative acceptable to the city engineer. In 4 addition, the interior circulation and parking and layout design shall be subject to the approval of the city engineer. 5 ii. All setbacks shall be landscaped with trees, shrubs and other plant material to the satisfaction of the planning director. However, in no case shall less than a 6 10 foot-wide planter along all street frontages and a 5 foot-wide planter along all interior lot lines be landscaped as specified above. In addition, 3% of the remainder of the site shall be 7 landscaped with a variety of plant material and in locations throughout the storage area. These areas shall be a minimum dimension in all directions of 4 feet and bounded by a minimum six- 8 inch (6") concrete or masonry curb. All landscaped areas shall be served by a water irrigation system providing total and effective coverage to all landscaping. 9 iii. The storage area shall be screened from all views by a minimum 8 foot-high wall or fence. Said wall or fence shall entirely surround the site and shall observe a 10 minimum setback equal to the required planting areas specified by the previous development standard set out in subparagraph (f)(ii). The decision making body may impose any additional conditions necessary to mitigate adverse visual affects of the wall or fence iv. On-site visitor and employee parking shall be provided within the 12 storage area at a ratio of 1 space per every 10,000 square feet of lot area, or as required by the conditional use permit. However, in no case shall less than 3 on-site visitor/employee parking spaces be provided. v. Signing for a recreational vehicle storage area shall be limited to a 14 wall sign with a maximum total area of 20 square feet in all zones. No freestanding signs shall be permitted. 125. Residential care facilities (serving more than six persons): a. The facility shall meet all requirements for the approval of such use imposed by the city community development director and fire marshal as a group "D" 1' occupancy, division 2. b. The facility shall comply with all the rules, regulations and standards required by the State Department of Social Services. c. Off-street parking as required in Chapter 21.44 shall be provided. d. The planning commission or the city council on appeal may modify any of the above standards, if it is found that such modifications will not be detrimental to the health and safety of the residents. 21 130. Residential uses located above the ground floor of a multi-storied 22 commercial building: a. One (1) or more of the uses permitted by Section 21.26.010 is required to be located on the ground floor of the building. 24 135. Residential uses in the P-M zone: 25 a. One-family dwellings, two-family dwellings and multiple-family dwellings or a combination thereof, which serve to house the employees of businesses located 26 in the P-M zone, may be conditionally permitted subject to the following findings: A planned development permit for the project has been approved, 27 or is approved concurrently with the conditional use permit, by the city council. 28 -14- 1 ii. The residential development is an integral part of an industrial park or large industrial use. 2 iii. The residential development is designed to be compatible with the industrial use it serves by means of landscaping, open space separations, etc. 3 iv. The industrial development served by the residential development shall provide for convenient and efficient vehicular, bicycle or pedestrian transportation to and 4 from the residential development. v. The maximum allowable density for the residential development 5 shall be established by the city council but in no event shall the density exceed 40 dwelling units per acre. 6 140. Tattoo parlors: 7 a. No tattoo parlor shall be located within 500 feet of any licensed alcoholic beverage dispensing operation offering said beverages for on-site or off-site 8 consumption. b. No tattoo parlor shall be operated in conjunction with nor share any 9 operating space with any other business. c. An opening shall be provided through which an unobstructed view of 10 the interior of the premises can be obtained from the exterior of the building. 150. Thrift shops: a. An application for a conditional use permit shall be referred to the 12 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 13 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, lessees and the owner of the building, fixtures or equipment. The application 15 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 1' 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 therefore 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, 22 recreational, benevolent, or other purpose not that of pecuniary profit. b. No goods shall be taken on a consignment basis. 23 155. Time-share projects: 24 a. All projects in residential zones shall be subject to the development standards and design criteria of Chapter 21.45 of this code, while all projects in nonresidential zones shall be subject to the development and design criteria of the underlying zone, except that: 25 i. The city council may reduce the required resident parking down to 1 parking space per unit, based on the results of a parking study prepared by a registered 27 traffic engineer that demonstrates that adequate parking will be provided and the reduction will not adversely affect the neighborhood. 28 -15- 1 II. The city council may waive the storage area requirements of Section 21.45.060. Any reduction in the storage requirements shall be supported by a finding 2 that the -reduction is necessary for the development of the project and will not adversely affect the neighborhood. 3 iii. If a time-share project on a residentially zoned property is proposed with reduced standards, the applicant shall provide a conversion plan showing how 4 the project can be altered to bring it into conformance with the development standards and design criteria of the planned development ordinance. A conversion shall be approved as and 5 be made a part of the permit for the project. iv. If a time-share project is proposed in a nonresidential zone it 6 shall be conditioned to be converted to a hotel use if it cannot be successfully marketed as a time-share project, and shall be subject to all conditions of Section 21.42.140 (B)(155). 7 v. All proposals for time-share projects shall be accompanied by a detailed description of the methods proposed to be employed to guarantee the future adequacy, 8 stability and continuity of a satisfactory level of management and maintenance. A management and maintenance plan shall be approved as and made a part of the permit for the project. 9 vi. All units in a time-share project shall be time-share units except a permanent on-site management residence unit may be permitted. The maximum time 10 increment for recurrent exclusive use of occupancy of a time-share unit shall be 4 months. A note indicating this requirement shall be placed on the final map for the project. vii. In addition to the 4 mandatory findings required for the issuance of a conditional use permit under Section 21.42.030, the city council shall find that the time- 12 share project is located in reasonable proximity to an existing resort or public recreational area and, therefore, can financially and geographically function as a successful time-share project and that the project will not be disruptive to existing or future uses in the surrounding neighborhood. viii. Time-share projects may be allowed in the P-C zone if specified in the master plan for the area in which they will be located and the land use designation for the master plan area in which the proposed time-share project will be located is similar to the R-P, R-3, RD-M, R-T, C-T or C-2 zones. ix. All of the provisions of this section shall apply to the conversion of an existing structure to a time-share project, l' x. All time-share projects shall be processed in accordance with this section except that subsequent to planning commission review, the matter shall be set for 18 public hearing before the city council. The city council may approve, conditionally approve or deny the project. The decision of the city council is final. xi. A subdivision map filed in accordance with Title 20 of this code shall accompany any application for a time-share project. -. 160. Windmills (exceeding the height limit of the zone): a. May be conditionally permitted provided the purpose of such windmills 22 is to generate usable electrical or mechanical energy and provided the windmill is architecturally compatible with the other buildings on the site. 23 165. Wireless Communication Facilities (WCFs): 24 a. Shall comply with City Council Policy Statement No. 64. An application for a WCF may be processed as a minor conditional use permit, pursuant to this 25 Chapter, if it is found to be consistent with the Preferred Location and the Stealth Design Review and Approval Guidelines of City Council Policy Statement No. 64. 25 b. WCF conditional use permit applications that do not comply with the Preferred Location and the Stealth Design Review and Approval Guidelines of City Council 27 Policy Statement No. 64 shall be processed as a conditional use permit by Process 2. 28 -16- 1 170. Zoos (private): a. The property for such private zoo has a minimum of 20,000 square 2 feet, b. No animal is kept within 20 feet of any property line, 3 c. A valid wild animal permit has been issued by the state. 4 SECTION II: That Chapter 21.50..Variances, of the Carlsbad Municipal Code is 5 amended to read as follows: 6 Chapter 21.50 Variances 7 21.50.010 Variance-Granting authority. 8 21.50.020 Purpose of variance. 21.50.030 Required findings for variances. 9 21.50.040 Variance Notice and hearing. 21.50.050 Announcement of findings and decision by resolution. 10 21.50.060 Resolutions announcing findings and order to be numbered and kept as permanent record. 11 21.50.070 Mailing of notice of decision of planning commission. 21.50.080 Effective date of order-Appeal of planning commission decision. 12 21.50.010 Variance-Granting authority. A. When practical difficulties, unnecessary hardships, or results inconsistent with the general purpose of this title result through the strict and literal interpretation and enforcement of the provisions hereof, the planning commission shall have authority, as an administrative act, subject to the provisions of this title, to grant upon such conditions as it may determine, such variance from the provisions of this title as may be in harmony with its general purpose and intent, so that the spirit of this title shall be observed, public safety and welfare secured and substantial justice done. In the coastal zone, a variance shall not be allowed to 1' diminish or otherwise adversely affect the substantive requirements for protection of coastal resources. (Ord. NS-365 § 8, 1996: Ord. 9060 § 1800)18 21.50.020 Purpose of variance. A. The sole purpose of any variance shall be to prevent discrimination, and no variance shall be granted which would have the effect of granting a special privilege not shared 2, by other property in the same vicinity and zone. (Ord. 9060 § 1801) 22 21.50.030 Required findings for variances. A. Before any variance may be granted, it shall be shown: 1. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance deprives such property of privileges enjoyed by other property in the vicinity and 25 under identical zoning classification; 2. That the variance shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which the subject property is located and is subject to any conditions necessary to assure compliance with this finding; 27 3. That the variance does not authorize a use or activity which is not otherwise expressly authorized by the zone regulation governing the subject property; 28 -17- 1 4. That the variance is consistent with the general purpose and intent of the general plan and any applicable specific or master plans; 2 5. In addition, in the coastal zone, that the variance is consistent with and implements the requirements of the certified local coastal program and that the variance does 3 not reduce or in any manner adversely affect the protection of coastal resources as specified in the zones included in this title, and that the variance implements the purposes of zones adopted 4 to implement the local coastal program land use plan. 5 21.50.040 Variance Notice and hearing. 6 A. Upon the filing of an application for a variance by a property owner of record, or by a lessee with the consent of the owners which application sets forth fully the grounds for, and 7 the facts deemed to justify the granting of the variance, the planning commission shall give public notice, as provided in Section 21.54.060(1) of the intention to consider at a public hearing 8 the granting of a variance. 9 21.50.050 Announcement of findings and decision by resolution. 10 A. Not more than twenty (20) days following the termination of the proceedings of the public hearing on a variance, the planning commission shall announce its findings by formal 11 resolution, and the resolution shall recite, among other things, the facts and reasons which, in the opinion of the planning commission, make the granting or denial of the variance, necessary 12 to carry out the provisions and general purpose of this title, and shall order that the variance, be granted or denied, and if such resolution orders that the variance, be granted, it shall also recite such conditions and limitations as the commission may impose. 14 21.50.060 Resolutions announcing findings and order to be numbered and kept as permanent record. A. The formal resolution of the planning commission announcing its findings and 16 order after hearing on an application for a variance, shall be numbered consecutively in the order of their filing and shall become a permanent record in the files of the planning 17 commission. 1 8 21.50.070 Mailing of notice of decision of planning commission. 1Q A. Not later than 7 days following the announcement of a decision ordering that a 20 variance be granted or denied, a copy of the resolution shall be mailed to the applicant at the address shown on the application filed with the planning commission. 21 21.50.080 Effective date of order-Appeal of planning commission decision. 22 A. The effective date of the planning commission's decision and method for appeal of such decision shall be governed by Section 21.54.150 of this code. 24 SECTION III: That Chapter 21.04 (Definitions) of the Carlsbad Municipal Code is 25 amended by the addition of Section 21.04.106 to read as follows: "21.04.106 Delicatessen. 27 "Delicatessen" means a type of restaurant, totaling less than 1,600 square feet in total floor area, selling ready-to-eat food and canned or bottled beverages to the public. Food is pre- 28 -18- 1 cooked or prepared at another location and only heated or toasted on the site. No stoves or ovens for the cooking or preparation of food nor tableware or dish-washing facilities (other than 2 a standard sink) are permitted. No waiters or waitresses are employed on the premises." 3 SECTION IV: That Chapter 21.04 (Definitions) of the Carlsbad Municipal Code 4 is amended by the addition of Section 21.04.137 to read as follows: 5 "21.04.137 Educational facilities, other. 6 "Educational facilities, other" means educational, training and tutoring services not subject to the California Education Code nor standards set by the State Board of Education, including but 7 not limited to: trade, cosmetology, pet grooming, music, dance, martial arts, gymnastics and language." 8 SECTION V: That Chapter 21.04 (Definitions) of the Carlsbad Municipal Code is 9 amended by the addition of Section 21.04.156 to read as follows: 10 "21.04.156 Gas station.11 "Gas station" means a retail business used primarily for the sale of vehicular fuels; minor 12 servicing and repair of automobiles; and the sale and installation of lubricants, tires, batteries, and similar vehicle accessories. A gas station may include a mini-mart convenience store as an accessory use." 14 SECTION VI: That Chapter 21.04 (Definitions) of the Carlsbad Municipal Code is amended by the addition of Section 21.04.297 to read as follows: I6 "21.04.297 Public and quasi-public office buildings and accessory utility buildings and facilities. "Public and quasi-public office buildings and accessory utility buildings and facilities" includes, but are not limited to: government office buildings and accessory utility buildings and facilities such as: 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. Such20uses do not include water, sewer or drainage pipelines or utility buildings/facilities that are built, operated or maintained by a public utility to the extent that they are regulated by the California Public Utilities Commission." SECTION VII: That Section 21.44.020 (Parking spaces required), of the 23 Carlsbad Municipal Code is amended by the addition of Section 21.44.020(b)(2.5) to read as 24 follows: 25 "(2.5) Delicatessen - One space/two hundred and fifty square feet of gross floor area." 26 27 28 -19- 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 SECTION VIII: That Chapter 21.07 (E-A Exclusive Agricultural Zone) of the Carlsbad Municipal Code, Section 21.07.040 (Uses and structures permitted by conditional use permit) and Section 21.07.030 (Permitted accessory uses and structures) are repealed, and Section 21.07.020 (Permitted uses and structures) is amended to read as follows:: "21.07.020 Permitted Uses. A. In an E-A zone, notwithstanding any other provision of this title, only the uses listed in Table A, below, shall be permitted subject to the requirements and development standards specified in this chapter, and subject to the provisions of Chapter 21.44 governing off- street parking requirements. B. The uses permitted by conditional use permit, as indicated in Table A, shall be subject to the provisions of Chapter 21.42. C. A use similar to those listed in Table A, may be permitted if the Planning Director determines such similar use falls within the intent and purposes of this zone, and is substantially similar to the specified permitted uses. D. A use category may be general in nature, where more than one particular use fits into the general category (ex: in some commercial zones "office" is a general use category that applies to various office uses). However, if a particular use is permitted by conditional use permit in another zone, the use shall not be permitted in this Exclusive Agricultural Zone (even under a general use category) unless it is specifically listed in Table A of this Chapter as permitted or conditionally permitted. TABLE A PERMITTED USES 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 = Administrative hearing process 2 = Planning Commission hearing process 3 = City Council hearing process • "Ace" indicates use is permitted as an accessory use. USE Accessory uses and structures (See note 5) Agricultural farm worker housing (temporary) (Subject to 21.42.140.B.2) (See also note 1) Airports Animals and poultry - small (less than 25) (See note 2) Animals and poultry - small (more than 25) (See note 2) Apiary/bee keeping (Subject to Sec. 21 .42.140.B.5) Aquaculture (defined: Sec. 21 .04.036) Aviary Biological habitat preserve (Subject to Sec. 21.42.140.B.030) (defined: Sec. 21.04.048) Campsites (overnight) (Subject to Sec. 21 .42.140.B.040) Cattle, sheep, goats, and swine production (See note 3) Cemeteries P X X CUP 3 3 1 1 2 1 2 2 3 Ace X -20- 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 Churches, synagogues, temples, convents, monasteries, and other places of worship Columbariums, crematories, and mausoleums (not within a cemetery) Crop production Drive-thru facilities (not restaurants) Dwelling, single family (farm house) Fairgrounds Family day care home (large) (defined: Sec. 21.04.147) (Subject to Ch 21 .83) Family day care home (small) (defined: Sec. 21.04.148) (Subject to Ch 21 .83) Floriculture Golf courses Greenhouses, > 2,000 square feet (Subject to Sec. 21.42.140.B.070) Greenhouses (2,000 square feet maximum) Guest house Hay and feed stores Horses, private use Mobile buildings (Subject to Sec. 21.42.140.B.090) (defined Section 21.04.265) Mobile home (See note 6) Nursery crop production Other uses or enterprises similar to the above customarily carried on in the field of agriculture Packing/sorting sheds > 600 square feet (Subject to Sec. 21.42.140.B.070) Plant nurseries & nursery supplies Processing plant (for crops) (Subject to Sec. 21.04.140.B.115) Produce/flower stand for display and sale of products produced on the same premises (See note 4) Public/quasi-public buildings and facilities and accessory utility buildings/facilities (defined: Sec. 21.04.297) Radio/television/microwave/broadcast station/tower Recreation facilities Satellite television antennae (Subject to Sec. 21.53.130, et seq.) Signs (Subject to Chapter 21 .41 ) (defined: Sec. 21 .04.305) Stables/Riding Academies (defined: Sec. 21.04.310 and 21.04.315) Stadiums Tree farms Truck farms Veterinary clinic/animal hospital (small animals) (defined: Sec. 21 .04.378) Windmills (exceeding height limit of zone) (Subject to Sec. 21.42.140.B.160) Wireless communications facilities (Subject to Sec. 21.42.140.165) (defined: Sec. 21.04.379) X X X X X X X X X 2 2 2 3 2 1 1 2 1 1 1 2 2 2 2 3 1 2 1/2 X X X X X X X -21- 1 2 3 4 5 6 1 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Zoos (private) (Subject to Sec. 21.42.140.B.170) (defined: Sec. 21 .04.400) 2 Notes: 1. Farm worker housing: Provided the number of units shall not exceed two per gross acre of land area and no such housing is located closer than fifty feet from any lot line. 2. Small animals and poultry: Provided that not more than twenty-five of any one or combination thereof shall be kept within fifty 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. Cattle, small animals, etc: 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 fifty 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. 4. 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. 5. 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. 6. 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 IX: That Chapter 21.08 (R-A Residential Agricultural Zone) of the Carlsbad Municipal Code, Section 21.08.020, (Permitted uses), is amended to read as follows: "21.08.020 Permitted Uses. A. In an R-A zone, notwithstanding any other provision of this title, only the uses listed in Table A, below, shall be permitted subject to the requirements and development standards specified in this chapter, and subject to the provisions of Chapter 21.44 governing off- street parking requirements. B. The uses permitted by conditional use permit, as indicated in Table A, shall be subject to the provisions of Chapter 21.42. C. A use similar to those listed in Table A may be permitted if the Planning Director determines such similar use falls within the intent and purposes of this zone, and is substantially similar to the specified permitted uses. 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 • "CUP" indicates use is permitted with approval of a conditional use permit. 1 = Administrative hearing process 2 = Planning Commission hearing process 3 = City Council hearing process "Ace" indicates use is permitted as an accessory use. USES Accessory buildings/structures (ex. garages, workshops, tool sheds, patio covers, decks, etc.) (See note 1, below) (defined: Sec. 21 .04.020) P CUP Ace X -22- 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 Agricultural crops Agricultural stand (for display of products raised on premises) ("stand" defined: Sec. 21 .04.320) Animal keeping (household pets) (Subject to Sec. 21 .53.084) Animal keeping/grazing (horses, sheep or bovine animals), excluding dairies (See notes 2 & 4, below) Animal keeping (poultry, rabbits, chinchillas and any fur bearing animals for domestic or commercial purposes) (See notes 3 & 4, below) Animal keeping (wild animals) (Subject to Sec. 21 .53.085) Aquaculture (defined: Sec. 21 .04.036) Biological habitat preserve (Subject to Sec. 21.42.140.B.030) (defined: Sec. 21 .04.048) Campsites (overnight) (Subject to Sec. 21.42.140.B.040) Cemeteries Churches, synagogues, temples, convents, monasteries, and other places of worship Educational institutions or schools, public/private (defined: Sec. 21.04.140) Dwelling, one-family (defined: Sec. 21.04.125) Family day care home (large), subject to Chap. 21 .83 (defined: Sec. 21.04.147) Family day care home (small), subject to Chap. 21.83 (defined: Sec. 21.04.148) Golf courses (See note 5, below) Greenhouses (2,000 square feet maximum) Greenhouses > 2,000 square feet (Subject to Sec. 21.42.140.B.070) Home occupation (Subject to Sec. 21 .10.040) Mobile buildings (Subject to Sec. 21.42.140.B.090) (defined Sec. 21 .04.265) Mobile home (See note 6, below) (defined: Sec. 21 .04.266) Packing/sorting sheds (600 square feet maximum) Packing/sorting sheds > 600 square feet (Subject to Sec. 21.42.140.B.070 Plant nursery/nursery supplies Public/quasi-public buildings and facilities and accessory utility buildings/facilities (defined: Sec. 21.04.297) Satellite TV antennae (Subject to Sec. 21.53.130 - 21.53.150) (defined: Sec. 21 .04.302) Second dwelling unit (Subject to Sec. 21.10.030) (defined: Sec. 21.04.303) Signs (Subject to Chap. 21 .41 ) (defined: Sec. 21 .04.305) Stables/Riding Academics (defined: Sec. 21.04.310 and 21.04.315) Temporary bldg./trailer (real estate or construction) (Subject to Sec. 21 .53.090 and 21 .53.1 1 0) Wireless communications facilities (Subject to Sec. 21.42.140.165) (defined: Sec. 21.04.379) Zoos (private) (Subject to Sec. 21.42.140.B.170) (defined: Sec. 21.04.400) X X X X X X X X 2 2 2 3 2 2 2 1 2 1 1 2 2 1/2 2 X X X X X X X X X -23- 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 Note: 1. Private garages (defined: Sec. 21.04.150) shall accommodate not more than four cars; however, additional garage or implement shelters may be erected, maintained and used on sites of ten acres or more, provided that such structures shall not occupy any required yard space. 2. On sites of four (4) acres or less, there shall not be more than two (2) horses, or two (2) sheep or two (2) bovine animals per acre of ground devoted to feed such animals (excluding feed lots). 3. Poultry, rabbits and other fur bearing animals shall be confined at all times within an enclosure. 4. The keeping of all domestic animals provided for in this section shall conform to all other provisions of law governing the same, and no fowl or animal, or any pen, coop, stable, or barn, shall be kept or maintained within forty (40) feet of any building used for human habitation located on adjoining property, or within forty (40) feet of any street or public property. 5. 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. 6. 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." SECTION X: That Chapter 21.09 (R-E Rural Residential Estate Zone) of the Carlsbad Municipal Code, Section 21.09.025 (Second Dwelling Units), Section 21.09.030 (Permitted accessory uses and structures) and Section 21.09.040 (Uses and structures permitted by conditional use permit) are repealed, and Section 21.09.020, (Permitted uses), is amended to read as follows: "21.09.020 Permitted uses. A. In an R-E zone, notwithstanding any other provision of this title, only the uses listed in Table A, below, shall be permitted, subject to the requirements and development standards specified by this chapter, and subject to the provisions of Chapter 21.44 governing off-street parking requirements. B. The uses permitted by conditional use permit, as indicated in Table A, shall be subject to the provisions of Chapters 21.42. C. A use similar to those listed in Table A may be permitted if the Planning Director determines such similar use falls within the intent and purposes of the zone, and is substantially similar to the specified permitted uses. 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 = Administrative hearing process 2 = Planning Commission hearing process 3 = City Council hearing process • "Ace" indicates the use is permitted as an accessory use. USE Agricultural farm worker housing (temporary) (Subject to 21.42.144.B.2.) Animals and poultry - small (^25) P CUP 3 1 Ace -24- 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 Apiary/bee keeping (Subject to Sec. 21.42.140.B.005) Aquaculture (defined: Sec. 21 .04.036) Aviary Barns, private garages, playhouses, windmills, silos, radio and television receiving antennas, stables and other similar accessory uses required for the conduct of the permitted uses Biological habitat preserve (Subject to Sec. 21.42.140.B.030) (defined: Sec. 21 .04.048) Campsites (overnight) (Subject to Sec. 21.42.140.B.040) Cemeteries Churches, synagogues, temples, convents, monasteries, and other places of worship Crop production Drive -thru facilities, (not restaurants) Educational institutions or schools, public/private (defined: Sec. 21.04.140) Fairgrounds Family day care home (large) (defined: Sec. 21.04.147) (Subject to Ch 21 .83) Family day care home (small) (defined: Sec. 21.04.148) (Subject to Ch 21 .83) Floriculture Golf Courses Grazing of ruminant animals (See note 1 below) Greenhouses >2000 square feet (Subject to Sec. 21.42.140.B.070) Greenhouses less than or equal to two thousand square feet, provided all requirements for yards, setbacks and height are met Hay and feed store Horses and other grazing animals (See note 2 below) Maintaining mail address for commercial and business license purposes only (See note 3 below) Mobile buildings (Subject to Sec. 21.42.140.B.090) (defined: Sec. 21.04.265 Mobile homes (See note 4 below) One one-family dwelling unit per lot Packing/sorting sheds > 600 square feet (Subject to Sec. 21.42.140.B.070) Plant nurseries & nursery supplies Poultry, rabbits, chinchillas and other small animals (see note 5 below) Produce stand Public/quasi-public buildings and facilities and accessory utility buildings/facilities (defined: Sec. 21 .04.297) Recreation facilities Satellite television antennae (Subject to Sec. 21 .53.130) Second dwelling units (Subject to Sec. 21.10.030.) The development standards of this zone shall apply. Signs (Subject to Chapter 21 .41) (defined: Sec. 21 .04.305} Stables/Riding Academics (defined: Sec. 21.04.310 and X X X X X X X 1 2 1 2 2 3 2 2 2 3 2 1 1 2 1 1 1 2 2 2 X X X X X X X X -25- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 26 27 28 21.04.315) Veterinary clinic/animal hospital (small animals) (defined: Sec. 21.04.378) Wireless communications facilities (Subject to Sec. 21.42.140.B.165) (defined: Sec. 21.04.379) Youth farm projects that are sponsored by nonprofit organizations such as 4-H Zoos (private) (Subject to Sec. 21.42.140.B.170) (defined: Sec. 21 .04.400) 1 1/2 2 X Notes: 1. Provided that there is a minimum of ten acres of land used exclusively for such grazing and the number of horses and cattle does not exceed four per acre, or small animals, such as goats and sheep, does not exceed twelve per acre. For combining of animals, one large animal is equivalent to three small animals. 2. Provided that such animals shall not exceed one for each twenty thousand square feet of land specifically designated for such animal. 3. Provided no stock in trade, supplies, professional equipment, apparatus or business equipment, except such as are accessory to a permitted use, are kept on the premises; and provided that no employees or assistants are engaged for services on the premises except in connection with uses specifically listed as permissible in this chapter; provided, further, that no more than one motor vehicle may contain equipment, tools and stock in trade maintained therein, provided such tools and equipment are not used for the performance of services upon the premises and the stock in trade is not sold from the premises. (Ord. 9502 § 6,1978; Ord. 9498 § 4 (part), 1978). 4 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. 5 Provided that all such animals shall at all times be confined to an enclosure, and that not more than twenty- five of any one animal or combination of such animals may be maintained at any time on any single lot." SECTION XI: That Chapter 21.10 (R-1 One-Family Residential Zone) of the Carlsbad Municipal Code, Section 21.10.020 (Permitted uses), is amended to read as follows: "21.10.020 Permitted Uses. A. In an R-1 zone, notwithstanding any other provision of this title, only the uses listed in Table A, below, shall be permitted, subject to the requirements and development standards specified by this chapter, and subject to the provisions of Chapter 21.44 governing off-street parking requirements. B. The uses permitted by conditional use permit, as indicated in Table A, shall be subject to the provisions of Chapter 21.42. C. A use similar to those listed in Table A may be permitted if the Planning Director determines such similar use falls within the intent and purposes of this zone, and is substantially similar to the specified permitted uses. 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 • "CUP" indicates use is permitted with approval of a conditional use permit. 1 = Administrative hearing process 2 = Planning Commission hearing process 3 = City Council hearing process "Ace" indicates use is permitted as an accessory use. USE Accessory buildings/structures (ex. garages, workshops, P CUP Ace X -26- 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 tool sheds, patio covers, decks, etc.) (defined: Sec. 21 .04.020) Agricultural crops Animal keeping (household pets) (Subject to Sec. 21.53.084) Animal keeping (horses) (See note 1 , below) Animal keeping (wild animals) (Subject to Sec. 21 .53.085) Aquaculture (defined: Sec. 21.04.036) Biological habitat preserve (Subject to Sec. 21.42.140.B.030) (defined: Sec. 21.04.048) Campsites (overnight) (Subject to Sec. 21.42.140.B.040) Cemeteries Churches, synagogues, temples, convents, monasteries, and other places of worship Dwelling, one-family (defined: Sec. 21.04.125) (See note 3, below) Educational institutions or schools, public/private (defined: Sec. 21.04.140 Family day care home (large) (Subject to Chap. 21.83) (defined: Sec. 21.04.147) Family day care home (small) (Subject to Chap. 21.83) (defined: Sec. 21.04.148) Golf courses (See note 2, below) Greenhouses (2,000 square feet maximum) Greenhouses > 2,000 square feet (Subject to Sec. 21.42.140.B.070) Home occupation (Subject to Sec. 21 .10.040) Mobile buildings (Subject to Sec. 21.42.140.B.090) (defined Section 2 1.04.265) Packing/sorting sheds (600 square feet maximum) Packing/sorting sheds > 600 square feet (Subject to Sec. 21.42.140.B.070) Public/quasi-public buildings and facilities and accessory utility buildings/facilities (defined: Sec. 21.04.297) Satellite TV antennae (Subject to Sec. 21.53.130 - 21.53.150) (defined: Sec. 21.04.302) Second dwelling unit (Subject to Sec. 21.10.030) (defined: Sec. 21.04.303) Signs (Subject to Chap. 21 .41 ) (defined: Sec. 21 .04.305) Temporary bldg./trailer (real estate or construction) (Subject to Sec. 21 .53.090 and 21 .53.1 1 0) Wireless communications facilities (Subject to Sec. 21.42.140.165) (defined: Sec. 21.04.379) Zoos (private) (Subject to Sec. 21.42.140.B.170) (defined: Sec. 21 .04.400) X X X X X X 2 2 2 3 2 2 2 1 2 1 2 1/2 2 X X X X X X X X X -27- 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 Note: 1. On each lot or combination of adjacent lots under one ownership, there may be kept one (1) horse for each ten thousand (10,000) square feet in the lot or lots; provided, however, that any such horse may be kept only if it is fenced and stabled so that at no time is it able to graze, stray or roam closer than fifty (50) feet to any building used for human habitation, other than buildings on the lot or lots, and as to those buildings, no closer than forty (40) feet. 2. 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. 3. 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." SECTION XII: That Chapter 21.12 (R-2 Two-Family Residential Zone) of the Carlsbad Municipal Code, Section 21.12.020 (Permitted uses) is amended to read as follows: "21.12.020 Permitted Uses. A. In the R-2 zone, notwithstanding any other provision of this title, only the uses listed in Table A, below, shall be permitted, subject to the requirements and development standards specified by this chapter, and subject to the provisions of Chapter 21.44 governing off-street parking requirements. B. The uses permitted by conditional use permit, as indicated in Table A, shall be subject to the provisions of Chapter 21.42. C. A use similar to those listed in Table A may be permitted if the Planning Director determines such similar use falls within the intent and purposes of the zone, and is substantially similar to the specified permitted uses. 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 = Administrative hearing process 2 = Planning Commission hearing process 3 = City Council hearing process • "ACC" indicates the use is permitted as an accessory use. Use Accessory buildings/structures (ex. garages, workshops, tool sheds, patio covers, decks, etc.) (See notes 1 & 2, below) (defined: Sec. 21 .04.020) Agricultural crops Animal keeping (household pets) (Subject to Sec. 21 .53.084) Animal keeping (wild animals) (Subject to Sec. 21 .53.085) Aquaculture (defined: Sec. 21 .04.036) Biological habitat preserve (Subject to Sec. 21.42.140.B.030) (defined: Sec. 21 .04.048) Campsites (overnight) (Subject to Sec. 21.42.140.B.040) Cemeteries Churches, synagogues, temples, convents, monasteries, and other places of worship P X CUP 2 2 2 3 2 Ace X X X -28- 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 Dwelling, one-family (defined: Sec. 21.04.125) Dwelling, two-family (See note 3, below) (defined: Sec. 21.04.130) Dwelling, multiple-family (See note 4, below) (defined: Sec. 21.04.135) Educational institutions or schools, public/private (defined: Sec. 21.04.140) Family day care home (large) (Subject to Chap. 21 .83) (defined: Sec. 21.04.147) Family day care home (small) (Subject to Chap. 21.83) (defined: Sec. 21.04.148) Golf courses (see note 5, below) Greenhouses (2,000 square feet maximum) Greenhouses > 2,000 square feet (Subject to Sec. 21.42.140.B.70) Home occupation (Subject to Sec. 21 .10.040) Mobile buildings (Subject to Sec. 21.42.140.B.90) (defined Sec. 21 .04.265) Mobile home (See note 6, below) (defined: Sec. 21 .04.266) Packing/sorting sheds (600 square feet maximum) Packing/sorting sheds > 600 square feet (Subject to Sec. 21.42.140.B.70) Public/quasi-public buildings and facilities and accessory utility buildings/facilities (defined: Sec. 21 .04.297) Satellite TV antennae (Subject to Sec. 21.53.130 - 21.53.150) (defined: Sec. 21 .04.302) Second dwelling unit (accessory to a one-family dwelling only) (Subject to Sec. 21.10.030) (defined: Sec. 21.04.303) Signs (Subject to Chap. 21.41) (defined: Sec. 21.04.305) Temporary bldg. /trailer (real estate or construction) (Subject to Sec. 21 .53.090 and 21 .53.1 1 0) Wireless communications facilities (Subject to Sec. 21.42.140.165) (defined: Sec. 21.04.379) Zoos (private) (Subject to Sec. 21. 42.1 40. B.1 70) (defined: Sec. 21.04.400 X X X X X X X 2 2 1 2 1 2 1/2 2 X X X X X X Notes: 1 . Private garages (defined: Sec. 21 .04.1 50) 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: Sec. 21 .04.165). 3. If a one-family dwelling existed on a lot on the effective date of the ordinance codified in this title, a second one- family dwelling may be erected. Also, on corner lots two one-family dwellings may be erected if one house faces the street upon which such lot fronts and the other house faces upon the side street. 4. A multiple-family dwelling with a maximum of four (4) units may be erected when the side lot line of a lot abuts R- P, commercial or industrial zoned lots, but in no case shall the property consist of more than one lot, or be more than ninety feet in width. 5. 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. 6. 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." -29- 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 SECTION XIII: That Chapter 21.16 (R-3 Multiple Family Residential Zone) of the Carlsbad Municipal Code, Section 21.16.020 (Permitted uses) is amended to read as follows: "21.12.020 Permitted Uses. A. In the R-3 zone, notwithstanding any other provision of this title, only the uses listed in Table A, below, shall be permitted, subject to the requirements and development standards specified by this chapter, and subject to the provisions of Chapter 21.44 governing off-street parking requirements. B. The uses permitted by conditional use permit, as indicated in Table A, shall be subject to the provisions of Chapter 21.42. C. A use similar to those listed in Table A may be permitted if the Planning Director determines such similar use falls within the intent and purposes of this zone, and is substantially similar to the specified permitted uses. 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 = Administrative hearing process 2 = Planning Commission hearing process 3 = City Council hearing process • "ACC" indicates the use is permitted as an accessory use. USE Accessory buildings/structures (ex. garages, workshops, tool sheds, patio covers, decks, etc.) (See notes 1 & 2, below) (defined: Sec. 21 .04.020) Agricultural crops Animal keeping (household pets) (Subject to Sec. 21 .53.084) Animal keeping (wild animals) (Subject to Sec. 21 .53.085) Aquaculture (defined: Sec. 21 .04.036) Bed and breakfasts (Subject to Sec. 21.42.140.B.5) (defined: Sec. 21 .04.046) Biological habitat preserve (Subject to Sec. 21.42.140.B.30) (defined: Sec. 21.04.048) Campsites (overnight) (Subject to Sec. 21.42.140.B.40) Cemeteries Child day care center (Subject to Chap. 21 .83) (defined: Sec. 21.04.086) Churches, synagogues, temples, convents, monasteries, and other places of worship Dwelling, one-family (See note 3, below) (defined: Sec. 21.04.125) Dwelling, two-family (defined: Sec. 21.04.130) Dwelling, multiple-family (Subject to Sec. 21.53.120 if more than 4 units are proposed) (defined: Sec. 21 .04.135) P X X X X X CUP 2 1 2 2 3 2 Acc X X X -30- 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 Educational institutions or schools, public/private (defined: Sec. 21.04.140 Family day care home (large) (Subject to Chap. 21.83) (defined: Sec. 21.04.147) Family day care home (small), (Subject to Chap. 21.83) (defined: Sec. 21.04.148) Greenhouses (2,000 square feet maximum) Greenhouses >2,000 square feet (Subject to Sec. 21.42.140.B.70) Golf courses (See note 4, below) Home occupation (Subject to Sec 21 .10.040) Housing for senior citizens (Subject to Chap. 21 .84) Mobile buildings (Subject to Sec. 21.42.140.B.90) (defined Sec. 21.04.265) Mobile home (See notes 3 & 5, below) (defined: Sec. 21 .04.266) Packing/sorting sheds (600 square feet maximum) Packing/sorting sheds >600 square feet (Subject to Sec. 21.42.140.B.70) Professional care facilities (defined: Sec. 21 .04.295) Public/quasi-public buildings and facilities and accessory utility buildings/facilities (defined: Sec. 21 .04.297) Residential care facilities (serving more than six persons) (Subject to Sec. 21.42.140.B.125) (defined: Sec. 21.04.300) Satellite TV antennae (Subject to Sec. 21.53.130 - 21.53.150) (defined: Sec. 21.04.302) Second dwelling unit (accessory to a one-family dwelling only) (Subject to Sec. 21 .10.030) (defined: Sec. 21 .04.303) Signs (Subject to Chap. 21 .41 ) (defined: Sec. 21 .04.305) Temporary bldg./trailer (real estate or construction) (Subject to Sec. 21 .53.090 and 21 .53.1 1 0) Timeshare projects (Subject to Sec. 21.42.140.B.155) (defined: Sec. 21 .04.357) Wireless communications facilities (Subject to Sec. 21.42.140.165) (defined: Sec. 21.04.379) Zoos (private) (Subject to Sec. 21.42.140.B.170) (defined: Sec. 21.04.400) Notes: X X X X X 2 1 2 2 1 2 2 2 3 1/2 2 X X X X X X 1 . Private garages (defined: Sec. 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: Sec. 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 provisions of the General Plan and intent of the underlying residential land use designation. 4. 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. 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. 6. A parking lot/structure (commercial) is permitted with approval of a CUP when the lot on which it is located in the R-3 zone abuts upon a lot zoned for commercial or industrial purposes." -31- 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 SECTION XIV: That Chapter 21.18 (R-P Residential Professional Zone) of the Carlsbad Municipal Code, Section 21.18.020 (Permitted uses) is amended to read as follows: "21.18.020 Permitted Uses. A. In a R-P Residential zone, notwithstanding any other provision of this title, only the uses listed in Tables A and B, below, shall be permitted, subject to the requirements and development standards specified by this chapter, and subject to the provisions of Chapter 21.44 governing off-street parking requirements. B. The uses permitted by conditional use permit, as indicated in Tables A and B, shall be subject to the provisions of Chapter 21.42. C. 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. D. A use category may be general in nature, where more than one particular use fits into the general category (ex. in some commercial zones "offices" is a general use category that applies to various office uses). However, if a particular use is permitted by conditional use permit in any zone, the use shall not be permitted in this R-P zone (even under a general use category), unless it is specifically listed in the zone as permitted or conditionally permitted. 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 the use is permitted. • "CUP" indicates that the use is permitted with approval of a conditional use permit. 1 = Administrative hearing process 2 = Planning Commission hearing process 3 = City Council hearing process • "ACC" indicates the use is permitted as an accessory use. USE Accessory buildings/structures, which are customarily appurtenant to a permitted use (ex. incidental storage facilities) (see note 1, below) (defined: Sec. 21.04.020) Agricultural farm worker housing (temporary) (Subject to Sec. 21.42.104.B.2) Aquaculture (defined: Sec. 21 .04.036) Banks/financial services (no drive-thru) Biological habitat preserve (Subject to Sec. 21. 42.01 0.B.030) (defined: Sec. 21.04.048) Campsites (overnight) (Subject to Sec. 21 .42.140.B.040) Cemeteries Child day care center (Subject to Chap. 21 .83) (defined: Sec. 21 .04.086) Churches, synagogues, temples, convents, monasteries, and other places of worship Clubs - non-profit, business, civic, professional, etc. (defined: Sec. 21 .04.090) Educational institutions or schools, public/private (defined: Sec. 21.04.140) P X X CUP 3 2 2 2 3 2 2 2 Acc X -32- 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 Delicatessen (defined: Sec 21.04.106) Greenhouses (2,000 square feet maximum) Greenhouses > 2,000 square feet (Subject to Sec. 21.42.140.B.070) Golf courses (see note 2, below) Medical uses (excluding hospitals), including offices for medical practitioners, clinics, and incidental laboratories and pharmacies (prescription only) Mobile buildings (Subject to Sec. 21.42.140.B.090) (defined Sec. 21 .04.265) Office uses, (may include incidental commercial uses such as blueprint services, photocopy services and news stands) Packing/sorting sheds (600 square feet maximum) Packing/sorting sheds > 600 square feet (Subject to Sec. 21.42.B.070) Parking facilities (primary use) (I.e.: day use, short-term, non-storage) Public/quasi-public buildings and facilities and accessory utility buildings/facilities (defined: Sec. 21 .04.297) Radio/television/microwave/broadcast station/tower Satellite TV antennae (Subject to Sec. 21.53.130 - 21.53.150) (defined: Sec. 21.04.302) Schools (business, vocational, and for such subjects as dance, drama, cosmetology, music, martial arts, etc.) Signs, subject to Chap. 21 .41 (defined: Sec. 21 .04.305) Temporary bldg./trailer (construction) (Subject to Sec. 21.53.110.) Transit passenger terminals (bus & train) Wireless communications facilities (Subject to Sec. 21.42.140.165) (defined: Sec. 21.04.379) Zoos (private) (Subject to Sec. 21.42.140.B.170) (defined: Sec. 21.04.400) X X X X X X 1 1 2 2 1 2 2 2 2 1/2 2 X X 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. 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." 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 the use is permitted. • "CUP" indicates that the use is permitted with approval of a conditional use permit. 1 = Administrative hearing process 2 = Planning Commission hearing process 3 = City Council hearing process "ACC" indicates the use is permitted as an accessory use. USE Accessory buildings/structures (ex. garages, workshops, P CUP Ace X -33- 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 tool sheds, patio covers, decks, etc.) (see notes 1 and 2, below) (defined: Sec. 21 .04.020) Agricultural crops Animal keeping (household pets) (Subject to Sec. 21 .53.084) Animal keeping (wild animals) (Subject to Sec. 21 .53.085) Aquaculture (defined: Sec. 21 .04.036) Bed and breakfasts (Subject to Sec. 21.42.140.B.25) (defined: Sec. 21 .04.046) Biological habitat preserve (Subject to Sec. 21. 42.140. B.30 (defined: Sec. 21 .04.048) Campsites (overnight) (Subject to Sec. 21.42.140.B.40) Cemeteries Child day care center (Subject to Chap. 21.83) (defined: Sec. 21.04.086) Churches, synagogues, temples, convents, monasteries, and other places of worship Clubs - non-profit; business, civic, professional, etc. (defined: Sec. 21 .04.090) Dwelling, one-family (see note 3, below) (defined: Sec. 21.04.125) Dwelling, two-family (see note 4, below) (defined: Sec. 21.04.130) Dwelling, multiple-family (Subject to Sec. 21.53.120 if more than 4 units are proposed) (defined: Sec. 21.04.135) Educational institutions or schools, public/private (defined: Sec. 21.04.140) Family day care home (large) (Subject to Chap. 21.83) (defined: Sec. 21.04.147) Family day care home (small) (Subject to Chap. 21.83) (defined: Sec. 21.04.148) Golf courses (see note 5, below) Greenhouses (2,000 square feet maximum) Greenhouses > 2,000 square feet (Subject to Sec. 21.42.140.B.70) Home occupation (Subject to Sec. 21 .10.040) Housing for senior citizens (Subject to Chap. 21 .84) Mobile buildings (Subject to Sec 21.42.140.B.90) (defined Sec. 21 .04.265) Mobile home (see note 3 & 6, below) (defined: Sec. 21 .04.266) Packing/sorting sheds (600 square feet maximum) Packing/sorting sheds > 600 square feet (Subject to Sec. 21.42.140.B.70) Parking facilities (primary use) (I.e.: day use, short-term, non-storage) Professional care facilities (defined: Sec. 21.04.295) Public/quasi-public buildings and facilities and accessory utility buildings/facilities (defined: Sec. 21 .04.297) Residential care facilities (serving more than six persons)(Subject to Sec. 21.42.140. B. 125) (defined: Sec. X X X X X X X X X 2 1 2 2 3 2 2 2 2 1 2 1 2 2 2 2 X X X X X -34- 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 .04.300) Satellite TV antennae (Subject to Sec. 21.53.130 - 21.53.150) (defined: Sec. 21.04.302) Second dwelling unit (accessory to a one-family dwelling only), (Subject to Sec. 21 .10.030) (defined: Sec. 21 .04.303) Signs (Subject to Chap. 21 .41 ) (defined: Sec. 21 .04.305) Temporary bldg./trailer (real estate or construction), subject to Sec. 21 .53.090 and 21 .53.1 1 0. Timeshare projects (Subject to Sec. 21.42.140. B. 155) (defined: Sec. 21.04.357) Transit passenger terminals (bus & train) Wireless communications facilities (Subject to Sec. 21.42.140.B.165) (defined: Sec. 21.04.379) Zoos (private) (Subject to Sec. 21.42.140.B.170) (defined: Sec. 21.04.400) Note: X 2 2 1/2 2 X X X 1. Private garages (defined: Sec. 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: Sec. 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. 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. 6. 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." SECTION XV: That Chapter 21.20 (R-T Residential Tourist Zone) of the Carlsbad Municipal Code, Sections 21.20.020 (Conditional uses), 21.20.025 (Housing for senior citizens by site development plan), and 21.20.026 (Second dwelling units) are repealed and Section 21.20.010 (Permitted uses) is amended to read as follows: "21.20.010 Permitted uses. A. In an R-T zone, notwithstanding any other provision of this title, only the uses listed in Table A, below, shall be permitted, subject to the requirements and development standards specified by this chapter, and subject to the provisions of Chapter 21.44 governing off-street parking requirements. B. The uses permitted by conditional use permit, as indicated in Table A, shall be subject to the provisions of Chapter 21.42. C. A use similar to those listed in Table A may be permitted if the Planning Director determines such similar use falls within the intent and purposes of this zone, and is substantially similar to the specified permitted uses. -35- 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: • "P" indicates the use is permitted. • "CUP" indicates that the use is permitted with approval of a conditional use permit. 1 = Administrative hearing process 2 = Planning Commission hearing process 3 = City Council hearing process • "Ace" indicates the use is permitted as an accessory use. USE Accessory Buildings (Subject to Sect. 21.20.080 of this Chapter) Accessory buildings and structures, including private garages to accommodate not more than two cars per dwelling unit Aquaculture (defined: Sec. 21 .04.036) Aquariums Athletic clubs, gymnasiums, and health clubs Bait shop (accessory to rec. facility) Bathhouses Beds and breakfasts (Subject to Sec. 21.42.140.B.025) (defined: Sec. 21 ,04.046) Biological habitat preserve (Subject to Sec. 21.42.140.B.030) (defined: Sec. 21.04.048) Boarding house (defined: 21.04.055) Boat launching/docking facility Boat part shop (accessory to rec. facility) Boat repair (accessory to rec. facility) Boat rides Campsites (overnight) (Subject to Sec. 21 .42.140.B.040) Cemeteries Churches, synagogues, temples, convents monasteries, and other places of worship Clubs - non-profit; business, civic, professional, etc. (defined: Sec. 21 .04.090) Commercial use (accessory to rec. facility) Country Clubs Detached accessory structures, which are not dwelling units and contain no habitable space, including but not limited to garages, workshops, tool sheds, decks over thirty inches above grade, and freestanding patio covers (Subject to Sect. 21 .20.080 of this Chapter) Dwellings Fraternal associations and lodges (except college fraternities/sororities) Fraternities and Sororities Games of skill Golf Courses Greenhouses > 2,000 square feet (Subject to Sec. P X X CUP 2 2 2 1 3 1 2 2 2 2 2 2 2 3 2 2 2 2 2 2 2 2 1 Acc X X -36- 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 21.42.140.B.070) Habitable detached accessory structures (Subject to Sect. 21 .20.080 of this Chapter) Hotels and motels (Subject to Sec. 21 .42.140.B.080) Large family day care homes, subject to the provisions of Chapter 21 .83 of this title. Lodging house (defined: Sec. 21.04.205) Mobile buildings (subject to Section 21.42.140.B.090) (defined: Sec. 21 .04.265) Packing/sorting sheds > 600 square feet (Subject to Sec. 21.42.140.B.070) Parks (private) Playgrounds/playfields Public meeting halls, exhibit halls, and museums Public/quasi-public buildings and facilities and accessory utility buildings/faculties (defined: Sec. 21.04.279) Recreation facilities Refreshment facilities Satellite television antennae subject to the provisions of Section 21 .53.130 of this code Second dwelling units are permitted according to the provisions of Section 21 .10.030 of this title on lots, which are developed with detached single-family residences. The development standards of this zone shall apply. Signs (See Note 1 , below) Small family day care homes Sporting clubs Sporting goods shops (ace. to rec. facilities) Timeshare projects (Subject to Sec. 21.42.140.B.155) (defined: Sec. 21 . 04.357) Wireless communications facilities (Subject to Sec. 21.42.140.1651 (defined: Sec. 21.04.279) Zoos (private) (Subject to Sec. 21.42.140.B.170) (defined: Sec. 21.04.400) Notes: X X X X 2 2 2 1 2 2 2 2 2 1 2 2 3 1/2 2 X X 1 Signs. (A.) Nameplates not exceeding two square feet in area containing the name of the occupant of the premises, (B) One lighted sign not exceeding twenty square feet in area identifying permitted uses, provided such sign is stationary and non-flashing, is placed on the wall of the building, does not extend above or out from the front wall, and contains no advertising matter except the name and street address of the building upon which it is placed, (C) One unlighted sign not exceeding twelve square feet in area pertaining only to the sale, lease or hire of only the particular building, property or premises upon which displayed, or to identify public parking lots as permitted in this zone, (D) Location of the above signs shall not be closer to the front property line than midway between the front property line and the front setback line, and under no conditions closer than seven and one-half feet from the front property line; except that on key lots and lots which side upon commercially or industrially zoned property, the sign may be placed not closer than five feet to the property line." SECTION XVI: That Chapter 21.22 (R-W Residential Waterway Zone) of the Carlsbad Municipal Code, Section 21.22.020 (Permitted uses) is amended to read as follows: "21.22.020 Permitted Uses. -37- 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 A. In an R-W zone, notwithstanding any other provision of this title, only the uses listed in Table A, below, shall be permitted, subject to the requirements and development standards specified by this chapter, and subject to the provisions of Chapter 21.44 governing off-street parking requirements. B. The uses permitted by conditional use permit, as indicated in Table A, shall be subject to the provisions of Chapter 21.42. C. A use similar to those listed in Table A may be permitted if the Planning Director determines such similar use falls within the intent and purposes of this zone, and is substantially similar to the specified permitted uses. 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 "CUP" indicates use is permitted with approval of a conditional use permit. 1 = Administrative hearing process 2 = Planning Commission hearing process 3 = City Council hearing process "Ace" indicates use is permitted as an accessory use. USE Accessory buildings/structures (ex. garages, workshops, tool sheds, patio covers, decks, etc.) (See notes 1 & 2, below) (defined: Sec. 21 .04.020) Animal keeping (household pets), subject to Sec. 21.53.084 Animal keeping (wild animals), subject to Sec. 21.53.085 Aquaculture (defined: Sec. 21 .04.036) Biological habitat preserve (Subject to Sec. 21.42.140.B.030) (defined: Sec. 21.04.048) Boat launching/docking facilities (See note 3, below) Campsites (overnight) (Subject to Sec. 21.42.140.B.040) Cemeteries Churches, synagogues, temples, convents, monasteries, and other places of worship Dwelling, one-family (See note 4, below) (defined: Sec. 21.04.125) Dwelling, two-family (defined: Sec. 21.04.130) Dwelling, multiple-family, subject to Sec. 21.53.120 if more than 4 units are proposed (defined: Sec. 21 .04.135) Educational institutions or schools, public/private (defined: Sec. 21.04.140) Family day care home (large), subject to Chap. 21.83 (defined: Sec. 21.04.147) Family day care home (small), subject to Chap. 21.83 (defined: Sec. 21.04.148) Greenhouses >2,000 square feet (Subject to Sec. 21.42.140.B.070) Golf courses (See note 5, below) Home occupation, (Subject to Sec. 21 .10.040) Housing for senior citizens, subject to Chap. 21 .84 Mobile buildings (Subject to Section 21.42.140.B.90) P X X X X X CUP 2 2 2 3 2 2 1 2 2 Ace X X X X X X -38- 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 (defined Section 21.04.265) Mobile home (See notes 4 & 6, below) (defined: Sec. 21 .04.266) Packing/sorting sheds > 600 square feet (Subject to Sec. 21.42.140.B.70) Public/quasi-public buildings and facilities and accessory utility buildings/facilities (defined: Sec. 21.04.297) Satellite TV antennae, subject to Sec. 21.53.130 - 21.53.150 (defined: Sec. 21.04.302) Second dwelling unit (accessory to a one-family dwelling only), subject to Sec. 21 .10.030 (defined: Sec. 21 .04.303) Signs, subject to Chap. 21 .41 (defined: Sec. 21 .04.305) Temporary bldg./trailer (real estate or construction), subject to Sec. 21 .53.090 and 21 .53.1 1 0 Windmills (exceeding height limit of zone) (Subject to 21.42.140.B.160) Zoos (private) (Subject to Sec. 21.42.140.B.170) (defined: Sec. 21.04.400) Notes: X X 1 2 1/2 2 X X X 1 . Private garages (defined: Sec. 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: Sec. 21 .04.165). 3. Boat launching and docking facilities are permitted only for the sole use of residents of any subdivision in which the facility is located, and which is within the R-W zone. 4. 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 provisions of the General Plan and intent of the underlying residential land use designation. 5. 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. 6. Mobile homes must be 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 XVII: That Chapter 21.24 (RDM Residential Density-Multiple Zone) of the Carlsbad Municipal Code, Section 21.24.020 (Permitted Uses) is amended to read as follows: "21.18.020 Permitted Uses. A. In the RD-M zone, notwithstanding any other provision of this title, only the uses listed in Table A, below, shall be permitted, subject to the requirements and development standards specified by this chapter, and subject to the provisions of Chapter 21.44 governing off-street parking requirements. B. The uses permitted by conditional use permit, as indicated in Table A, shall be subject to the provisions of Chapter 21.42. C. Uses similar to those listed in Table A 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. -39- 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: • "P" indicates use is permitted • "CUP" indicates use is permitted with approval of a conditional use permit. 1 . = Administrative hearing process 2. = Planning Commission hearing process 3. = City Council hearing process • "Ace" indicates use is permitted as an accessory use. USE Accessory buildings/structures (ex. garages, workshops, tool sheds, patio covers, decks, etc.) (See note 1, below) (defined: Sec. 21.04.020) Animal keeping (household pets) (Subject to Sec. 21 .53.084) Animal keeping (wild animals), (Subject to Sec. 21 .53.085) Aquaculture (defined: Sec. 21.04.036) Bed and breakfasts, (Subject to Sec. 21.42.140.B.025) (defined: Sec. 21.04.046) Biological habitat preserve (Subject to Sec. 21.42.140.B.030) (defined: Sec. 21.04.048) Campsites (overnight) (Subject to Sec. 21.42.140.B.040) Cemeteries Child day care center (Subject to Chap. 21.83) (defined: Sec. 21.04.086) Churches, synagogues, temples, convents, monasteries, and other places of worship Dwelling, one-family (See notes 2 and 3, below) (defined: Sec. 21.04.125) Dwelling, two-family (defined: Sec. 21.04.130) Dwelling, multiple-family (Subject to Sec. 21.53.120 if more than 4 units are proposed) (defined: Sec. 21 .04.135) Educational institutions or schools, public/private (defined: Sec. 21.04.140) Family day care home (large) (Subject to Chap. 21.83) (defined: Sec. 21.04.147) Family day care home (small) (Subject to Chap. 21.83) (defined: Sec. 21.04.148) Greenhouses > 2000 square feet (Subject to Sec. 21.42.140.B.070) Golf courses (See note 4, below) Home occupation (Subject to Sec. 21.10.040) Housing for senior citizens (Subject to Chap. 21 .84) Mobile buildings (Subject to Section 21.42.140.B.90) Jdefined Section 21 .04.265) Mobile home (See notes 2, 3 & 5, below) (defined: Sec. 21.04.266) P X X X X X CUP 2 1 2 2 3 2 2 1 2 2 2 Ace X X X X X X -40- 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 Packing/sorting sheds >600 square feet (Subject to Sec. 21.42.140.B.70) Professional care facilities (defined: Sec. 21 .04.295) Public/quasi-public buildings and facilities and accessory utility buildings/facilities (defined: Sec. 21 .04.297) Residential care facilities (serving more than six persons) (Subject to Sec. 21.42.140.B.125) (defined: Sec. 21.04.300) Satellite TV antennae (Subject to Sec. 21.53.130 - 21.53.150) (defined: Sec. 21.04.302) Second dwelling unit (accessory to a one-family dwelling only) (Subject to Sec. 21.10.030) (defined: Sec. 21.04.303) Signs, subject to Chap. 21 .41 (defined: Sec. 21 .04.305) Temporary bldg./trailer (real estate or construction) (Subject to Sec. 21 .53.090 and 21 .53.1 1 0) Timeshare projects (Subject to Sec. 21 42.140.B.155) (defined: Sec. 21.04.357) Wireless communications facilities (Subject to Sec. 21.42.140.165) (defined: Sec. 21.04.379) Zoos (private)(Subject to Sec. 21. 41. 1 40. B. 170) (defined: Sec. 21.04.400) Notes: X 1 2 2 2 3 1/2 2 X X X 1. When associated with a two-family or multiple-family dwelling, accessory buildings shall not include guesthouses or accessory living quarters (defined: Sec. 21.04.165). 2. Within the RM land use designation, a one-family dwelling/subdivision is permitted. 3. Within the RMH and RH land use designations, 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 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. 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." SECTION XVIII: That Chapter 21.25 (C-F Community Facilities Zone) of the Carlsbad Municipal Code, Section 21.25.050 (Uses permitted by conditional use permit) is repealed and Section 21.25.040 (Permitted uses) is amended to read as follows: "21.25.040 Permitted uses. A. In a C-F zone, notwithstanding any other provision of this title, only the uses listed in Table A, below, shall be permitted, subject to the requirements and development standards specified by this chapter, and subject to the provisions of Chapter 21.44 governing off-street parking requirements. B. The uses permitted by conditional use permit, as indicated in Table A, shall be subject to the provisions of Chapter 21.42. C. A use similar to those listed in Table A may be permitted if the Planning Director determines such similar use falls within the intent and purposes of this zone, and is substantially similar to the specified permitted uses. D. A use category may be general in nature, where more than one particular use fits into the general category (ex: in some commercial zones "office" is a general use category that applies to various office uses). However, if a particular use is permitted by conditional use -41- 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 permit in another zone, the use shall not be permitted in this C-F Community Facilities Zone (even under a general use category) unless it is specifically listed in Table A of this Chapter as permitted or conditionally permitted. TABLE A USES PERMITTED 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 = Administrative hearing process 2 = Planning Commission hearing process 3 = City Council hearing process • "Ace" indicates the use is permitted as an accessory use. USE Adult and/or senior daycare and/or recreation facility (private or non-private) Agricultural farm worker housing (temporary) (Subject to 21.42.140.B.02) Biological habitat preserve (Subject to Sec. 21.42.140.B.030) (defined: Sec. 21.04.048) Charitable service (private /semi-private)' Child daycare facility (see Note 2 below) Churches, synagogues, temples, convents, monasteries, and other places of worship Civic associations, (e.g., League of Women Voters, etc.) Clubs - non-profit; business, civic, professional, etc.(defined: Sec. 21 .04.090) Fraternal associations and lodges (except college fraternities/sororities) Mobile Buildings (Subject to Section 21.42.140.B.090) (defined: Sec. 21.04.265) Office area (see note 2 below) Religious reading room (separate from church) Social clubs (non-commercial) Veterans' organizations (including meeting facilities) Welfare and charitable services (private or semi-private) with no permanent residential uses (e.g., Good Will, Red Cross, Traveler's Aid) Wireless communications facilities (Subject to Sec. 21.42.140.165) (defined: Sec. 21.04.379) Youth organizations (e.g., Boy Scouts, Girl Scouts, Boys & Girls Clubs, YMCA and YWCA, except lodgings) P X X CUP 2 3 2 2 2 2 2 2 2 1 3 2 2 1 12 2 Ace -42- 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 Notes: 1. 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. 2. Stand-alone child daycare facility is permitted subject to the approval of a site development plan pursuant to Chapter 21.06. 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. 3. 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." SECTION IXX: That Chapter 21.26 (C-1 Neighborhood Commercial Zone) of the Carlsbad Municipal Code, Section 21.26.015 (Uses and structures permitted by conditional use permit) is repealed and Section 21.26.010 (Permitted uses) is amended to read as follows: "21.26.010 Permitted Uses. A. In a C-1 zone, notwithstanding any other provision of this title, only the uses listed in Table A, below, shall be permitted, subject to the requirements and development standards specified by this chapter, and subject to the provisions of Chapter 21.44 governing off-street parking requirements. B. The uses permitted by conditional use permit, as indicated in Table A, shall be subject to the provisions of Chapter 21.42. C. A use similar to those listed in Table A may be permitted if the Planning Director determines such similar use falls within the intent and purposes of the zone, and is substantially similar to the specified permitted uses. D. A use category may be general in nature, where more than one particular use fits into the general category (ex: in some commercial zones "office" is a general use category that applies to various office uses). However, if a particular use is permitted by conditional use permit in another zone, the use shall not be permitted in this C-1 Neighborhood Commercial Zone (even under a general use category) unless it is specifically listed in Table A of this Chapter as permitted or conditionally permitted. TABLE A PERMITTED USES 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 = Administrative hearing process 2 = Planning Commission hearing process 3 = City Council hearing process • "Ace" indicates use is permitted as an accessory use. USE Accountants Agricultural farm worker housing (temporary) (Subject to21.42.140.B.02) Airports Alcoholic treatment centers Amusement parks Aquaculture (defined: Sec. 21 .04.036) P X CUP 3 3 2 3 2 Ace -43- 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 Arcades - coin operated (Subject to Sec. 21.42.140.B.015) (defined: Sec. 21.04.091) Athletic clubs, gymnasiums, health clubs, and physical conditioning businesses Attorneys Bakeries Barbershops or beauty parlors Biological habitat preserve (Subject to Sec. 21.42.140.B.030) (defined: Sec. 21.04.048) Book or stationery stores Bowling alley (Subject to Section 21.42.140.B.035) (defined: Sec. 21 .04.057) Campsites (overnight) (Subject to Sec. 21.42.140.B.040) Car wash (Subject to Section 21 .42.140.B.045) Cemeteries Child day care centers, subject to the provisions of Chapter 21 .83 of this Title. Churches, synagogues, temples, convents, monasteries, and other places of worship Columbariums, crematories, and mausoleums (not within a cemetery) Delicatessen (defined: Sec. 21.04.106) 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 Dressmaking or millinery shops Drive-thru facility (not restaurants) Drugstores Dry goods or notion stores Educational facilities, other (defined: Sec. 21.04.137) Educational institutions or schools, public/private (defined: Sec. 21.04.140) Engineers, architects and planners Fairgrounds Florist shops Fortunetellers, as defined in Section 5.50.01 0(c) Gas stations (Subject to Sec. 21.42.140.B.065) Golf courses Greenhouses > 2,000 square feet (Subject to Sec. 21.42.140.B.070) Grocery or fruit stores Hardware stores Hospitals (defined: Sec. 21.04.170) Hospitals (mental) (defined: Sec. 21.04.175) Hotels and motels (Subject to Sec. 21 .42.140.B.080) Institutions of a philanthropic or eleemosynary nature, excepj correctional or mental Jewelry stores X X X X X X X X X X X X X X X X X X X 1 2 2 2 2 3 2 2 2 2 3 2 2 1 2 2 2 -44- 1 2 3 4 5 6 1 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Laundries or clothes cleaning agencies Laundromats Liquor store (Subject to Sec. 21 .42.140.B.085) (defined: Sec. 21.04.203) Meat markets Mobile buildings (Subject to Sec. 21.42.140.B.090) (defined Section 21 .04.265) Mortuaries Packing/sorting sheds >600 square feet (Subject to Sec. 21.42.140.B.070) Paint stores Pawnshops (Subject to Sec. 21.42.140.B.105) Pet supply shops Pool halls, billiards parlors (Subject to Sec. 21.42.104.B.110) (defined: Sec. 21.04.292) Private clubs, fraternities, sororities and lodges, excepting those the chief activity of which is a service customarily carried on as a business Public/quasi-public buildings and facilities and accessory utility buildings/facilities (defined: Sec. 21.04.297) Racetracks Radio/television/microwave/ broadcast station/tower Realtors Recreation Facilities Recycling collection facilities, large (Subject to Chapter 21 .1 05 of this Title) (defined: Sec. 21.105.015) Recycling collection facilities, small (Subject to Chapter 21. 105 of this Title.) (defined : Sec. 21.105.015) Residential uses located above the ground floor of a multi-story, commercial building (Subject to Section 21.42.140.B.130) Restaurants (bona fide public eating establishment) (Defined: Sec.21. 04.056) Restaurants (excluding drive-thru restaurants), tea rooms or cafes (excluding dancing or entertainment and on-sale liquor) Satellite television antennae (Subject to Sec. 21.53.130) Shoe stores or repair shops Signs subject to Chapter 21 .41 Stadiums Tailors, clothing or wearing apparel shops Tattoo parlors (Subject to Sec. 21 .42.140.B.140) Theaters (motion picture or live) - indoor) Theaters, stages, amphitheaters - outdoor Thrift shops (Subject to Sec. 21.42.104.B.150) Transit passenger terminals (bus & train) Veterinary clinic/animal hospital (small animals) X X X X X X X X X X X X X 2 2 2 1 3 2 2 2 2 2 2 1 2 3 3 2 2 2 2 1 -45- 1 2 3 4 5 6 1 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (defined: Sec. 21.04.378) Windmills (exceeding height limit of zone) (Subject to Sec. 21.42.140.B.160) Wireless communications facilities (Subject to Sec. 21.42.140.165) (defined: Sec. 21.04.379) Zoos (private) (Subject to Sec. 21 .42.140.B.170) {defined: Sec. 21.04.400) 2 1/2 2 Notes: 1.AII uses shall be conducted wholly within a building except such uses as gasoline stations, electrical transformer substations, nurseries for sale of plants and flowers and other enterprises customarily conducted in the open; 2. Products made incident to a permitted use shall be sold only at retail on the premises, and not more than five persons may be employed in the manufacturing, processing and treatment of products permitted herein; 3. Storage shall be limited to accessory storage of commodities sold at retail on the premises." SECTION XX: That Chapter 21.27 (O Office Zone) of the Carlsbad Municipal Code, Section 21.27.030 (Uses and structures permitted by conditional use permit) is repealed and Section 21.27.020 (Permitted uses) is amended to read as follows: "21.27.020 Permitted Uses. A. In an 0 zone, notwithstanding any other provision of this title, only the uses listed in Table A, below, shall be permitted, subject to the requirements and development standards specified by this chapter, and subject to the provisions of Chapter 21.44 governing off-street parking requirements. B. The uses permitted by conditional use permit, as indicated in Table A, shall be subject to the provisions of Chapter 21.42. C. A use similar to those listed in Table A may be permitted if the Planning Director determines such similar use falls within the intent and purposes of this zone, and is substantially similar to the specified permitted uses. D. A use category may be general in nature, where more than one particular use fits into the general category (ex: in some commercial zones "office" is a general use category that applies to various office uses). However, if a particular use is permitted by conditional use permit in another zone, the use shall not be permitted in this Office Zone (even under a general use category) unless it is specifically listed in Table A of this Chapter as permitted or conditionally permitted. TABLE A PERMITTED USES In the table, below, subject to all applicable permitting and Municipal Code: • "P" indicates use is permitted • "CUP" indicates use is permitted with approval of 1 = Administrative hearing process 2 = Planning Commission hearing process 3 = City Council hearing process • "Ace" indicates use is permitted as an accessory USE Accountants Administrative and executive offices Advertising agencies development requirements of the a conditional use permit. use. P Cl X X X JP Ace -46- 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 Agricultural farm worker housing (temporary) (Subject to 21.42.140.B.02) Airports Alcoholic treatment centers Aquaculture (defined: Sec. 21.04.036) Architects, planners and engineers Athletic clubs, gymnasiums, health clubs, and physical conditioning businesses Attorneys Banks and other financial institutions without drive-through facilities Biological habitat preserve (Subject to Sec. 21.42.140.B.030) (defined: Sec. 21.04.048) Campsites (overnight) (Subject to Sec. 21.42.140.B.040) Cemeteries Churches, synagogues, temples, convents, monasteries, and other places of worship Columbariums, crematories, and mausoleums (not within a cemetery) Commercial artists Company and corporate headquarters Delicatessen (defined: Sec. 21.04.106) Dentists, doctors, chiropractors and incidental related uses such as pharmacies (prescription only), biochemical, X-ray laboratories, medical offices and clinics (excluding hospitals) Drive-thru facilities (not restaurants) Educational facilities, other (defined: Sec. 21.04.137) Educational institutions or schools, public/private (defined: Sec. 21.04.140) Electronic data processing and record keeping services Fairgrounds General contractor (offices only, no equipment or material storage) Golf courses Government offices Greenhouses > 2,000 square feet (Subject to Sec. 21.42.140.B.070) Hospitals (defined: Sec 21 .04.170) Hospitals (mental) (defined: Sec. 21.04.175) Insurance agencies and services Labor union offices (no hiring halls) Management consultants Mobile buildings (Subject to Section 21.42.140.B.090) (defined Section 21 .04.265) Offices, business and professional, including incidental commercial facilities such as blueprint and photocopy shops and duplicating services Packing/sorting sheds > 600 square feet (Subject to Sec. 21.42.140.B.070). Parking facilities (primary use) (I.e.: day use, short-term, X X X X X X X X X X X X X X 3 3 2 2 2 2 2 3 2 2 1 2 1 2 3 2 1 2 2 2 1 -47- 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 non-storage) Photographers Public/quasi-public buildings and facilities and accessory utility buildings/facilities (defined: Sec. 21.04.297) Radio/television/microwave/ broadcast station/tower Real estate and related services Recreation facilities Restaurants (bona fide public eating establishment) (Subject to 2 1.42.1 40. B.) (Defined: Sec.21. 04.056) Satellite television antennae subject to the provisions of Section 21 .53.1 30 of this code Signs subject to the provisions of this chapter and Chapter 21.41 Stadiums Stockbrokers Title and trust companies Transit passenger terminals (bus & train) Travel agencies Veterinary clinic/animal hospital (small animals) (defined: Sec. 21.04.378) Windmills (exceeding height limit of zone) (Subject to 21.42.140.B.160) Wireless communications facilities (Subject to Sec. 21.42.140.165) (defined: Sec. 21.04.379) Zoos (private) (Subject to Sec. 21. 42.1 40. B.1 70) (defined: Sec. 21 .04.400) X X X X X X X 2 2 2 2 3 2 1 2 1/2 2" SECTION XXI: That Chapter 21.28 (C-2 General Commercial Zone) of the Carlsbad Municipal Code, Section 21.28.015 (Uses and structures permitted by conditional use permit) is repealed and Section 21.28.010 (Permitted Uses) is amended to read as follows: "21.28.010 Permitted Uses. A. In a C-2 zone, notwithstanding any other provision of this title, only the uses listed in Table A, below, shall be permitted, subject to the requirements and development standards specified by this chapter, and subject to the provisions of Chapter 21.44 governing off-street parking requirements. B. The uses permitted by conditional use permit, as indicated in Table A, shall be subject to the provisions of Chapter 21.42. C. A use similar to those listed in Table A may be permitted if the Planning Director determines such similar use falls within the intent and purposes of this zone, and is substantially similar to the specified permitted uses. D. A use category may be general in nature, where more than one particular use fits into the general category (ex: in some commercial zones "office" is a general use category that applies to various office uses). However, if a particular use is permitted by conditional use permit in another zone, the use shall not be permitted in this C-2 General Commercial Zone (even under a general use category) unless it is specifically listed in Table A of this Chapter as permitted or conditionally permitted. -48- 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: • "P" indicates use is permitted • "CUP" indicates use is permitted with approval of a conditional use permit. 1 = Administrative hearing process 2 = Planning Commission hearing process 3 = City Council hearing process • "Ace" indicates use is permitted as an accessory use. USE Agricultural farm worker housing (temporary) (Subject to 21.42.140.B.02) Airports Alcoholic treatment centers Amusement parks Any use permitted in the C-1 zone Aquaculture (defined: Sec. 21.04.036) Arcades - coin operated (Subject to Section 21.42.140.B.015) (defined: Sec. 21.04.091) Athletic clubs, gymnasiums, health clubs, and physical conditioning businesses Auto repairing Bars, cocktail lounges (Subject to Sec 21.42.14O.B.020) (defined: Sec. 21 .04.041 ) Biological habitat preserve (Subject to Sec. 21.42.140.B.030) (defined: Sec. 21.04.048) Blueprinting, photocopying and duplicating services Bowling alley (Subject to Section 21.42.140.B.035) (defined: Sec. 21 .04.057) Campsites (overnight) (Subject to Sec. 21.42.140.B.040) Car wash (Subject to Sec 21 .42.140.B.045) Cemeteries Churches, synagogues, temples, convents, monasteries, and other places of worship Columbariums, crematories, and mausoleums (not within a cemetery) Commercial printing and photoengraving Delicatessen (defined: Sec. 21.04.106) Drive-thru facilities (not restaurants) Educational facilities, other (defined: Sec. 21.04.137) Educational institutions or schools, public/private (defined: Sec. 21.04.140) Fairgrounds Gas stations (Subject to Section 21 .42.140.B.065). Golf courses Greenhouses > 2,000 square feet (Subject to Sec. 21.42.140.B.070) Hospitals (defined: Sec 21 .04.170) Hospjtals (mental) (defined: Sec. 21.04.175) Hotels and motels (Subject to Sec. 21.42.140.B.080) P X X X X X X X CUP 3 3 2 3 2 1 2 2 2 2 2 3 2 2 2 2 3 2 2 1 2 2 2 Ace -49- 1 2 3 4 5 6 1 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Liquor store (Subject to Sec. 21.42.140.B.085) (defined: Sec 2 1.04.203) Mobile buildings (Subject to Section 21.42.140.B.090) (defined Section 21 .04.265) Mortuaries Packing/sorting sheds > 600 square feet (Subject to Sec. 21.42.140.B.070) Pawnshops (Subject to Sec 21 .42.1 04.B.1 05) Pet shops Pool halls, billiard parlors (Subject to Section 21.42.140.B.110) (defined: Sec. 21.04.292) Public/quasi-public buildings and facilities and accessory utility buildings/facilities (defined: Sec. 21.04.297) Racetracks Radio/television/microwave/ broadcast station/tower Recreation facilities Recycling collection facilities, small (Subject to Chapter 21 .105 of this Title.) (defined: Sec. 21 .105.015) Recycling collection facilities, large (Subject to Chapter 21. 105 of this Title) (defined: Sec. 21.105.015) Residential uses located above the ground floor of a multi- story, commercial building (subject to Section 21.42.140.B.130) Retail, wholesale or service businesses catering directly to the consumer Satellite television antennae subject to the provisions of Section 21 .53.130 of this code. Signs (Subject to the provisions of Chapter 21 .41 ) Stadiums Tattoo parlors (Subject to Sec. 21. 42.1 40. B.1 40) Theaters (motion picture or live) - indoor Theaters, stages, amphitheaters - outdoor Thrift shops (Subject to Sec. 21.42.104.B.150) Transit passenger terminals (bus & train) Upholstering shops Veterinary clinic/animal hospital (small animals) (defined: Sec. 21.04.378) Windmills (exceeding height limit of zone) (Subject to 21.42.140.B.160) Wireless communications facilities (Subject to Sec. 21.42.140.165) (defined: Sec. 21.04.379) Zoos (private) (Subject to Sec. 21.42.140.B.170) (defined: Sec. 21 .04.400) X X X X X 2 2 2 1 3 2 2 2 2 2 1 2 2 3 3 2 2 2 2 1 2 1/2 2 Note: 1. All uses shall be conducted wholly within a building except such uses as gasoline stations, electrical transformer substations, horticultural nurseries and other enterprises customarily conducted in the open. 2. Products made incident to a permitted use and manufactured or processed on the premises shall be sold only at retail on the premises, and not more than five persons may be employed in such manufacturing, processing and treatment of products. 3. Storage shall be limited to accessory storage of commodities sold at retail on the premises." -50- 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 SECTION XXII: That Chapter 21.29 (C-T Commercial - Tourist Zone) of the Carlsbad Municipal Code, Section 21.29.030 (Permitted uses) is amended to read as follows: "21.29.030 Permitted uses A. In the C-T zone only the uses listed in Table A, below, shall be permitted, subject to the requirements and development standards specified by this chapter. B. The uses permitted by conditional use permit, as indicated in Table A, shall be subject to the provisions of Chapters 21.42. C. A use similar to those listed in Table A may be permitted if the Planning Director determines such similar use falls within the intent and purposes of this zone, and is substantially similar to the specified permitted uses. D. A use category may be general in nature, where more than one particular use fits into the general category (ex: in some commercial zones "offices" is a general use category that applies to various office uses). However, if a particular use is permitted by conditional use permit in another zone, the use shall not be permitted in this C-T zone (even under a general use category) unless it is specifically listed in Table A of this Chapter as permitted or conditionally permitted. TABLE A Permitted Uses 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. • "Ace" indicates use is permitted as an accessory 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 farm worker housing (temporary) (Subject to Section 21. 42.1 40.B.002) Airports Amusement parks Aquaculture (defined: Section 21 .04.036) Aquariums Arcades (coin-operated) (Subject to Sect. 21.42.140.B.015) (defined: Section 21.04.091) Art galleries Athletic clubs, gymnasiums, health clubs ATM kiosks (see note 1 , below) Automobile rental (no auto repair) Bait shops (accessory to a recreation facility) Bars, cocktail lounges (Subject to Sect. 21.42.140.B.020) (defined: Section 21.04.041) Bed & Breakfasts (Subject to Sec. 21.42.140.025) (defined: Section 2 1.04.046) Biological habitat preserve (Subject to Sect. 21 .42.140.B.030) (defined: Section 21 .04.048) Boat launching/docking facilities Botanical gardens P X X X X CUP 3 3 3 2 2 1 1 2 1 2 2 Ace X X -51- 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 Bowling alley, subject to Section 21.42.140.B.035) (defined: Section 2 1.04.057) Campsites (overnight|iSubject to Sect. 21 .42.140.B.040J Carwash (accessory to an automobile service station), subject to Section 21.42.140.B.45 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 Delicatessen (defined: Sect. 21.04.106) Drive-thru facilities (not restaurant) Educational institutions or schools, public/private (defined: Sec. 21.04.140) Entertainment activities and facilities Fairgrounds Farmers markets Florists Food stores (specialty) (e.g., ice cream, candy, deli, bakery, pastry shop, fish market) Gas stations (Subject to Sec. 21 .42.140.B.065 Golf courses (see note 2, below) Greenhouses > 2,000 square feet (Subject to Sect. 21.42.140.B.070) Grocery/produce/convenience stores (not to exceed 2,500 sq. ft.) Hotels/motels Mobile buildings (temporary) (Subject to Section 21.42.140.B.090) (defined: Section 21.04.265) News/magazine stands (see note 1 , below) Nightclubs, dance clubs, and other establishments that play live or recorded music or make regular use of amplified sound. Outdoor dining (incidental), subject to Section 21 .26.01 3 Packing/sorting sheds > 600 square feet, subject to Sect. 21.42.140.B.070) Parking facilities (primary use) (i.e. day use, short-term, non- storage) Photography equipment sales/services (cameras, supplies, film development) Pool halls/billiard parlors (Subject to Sect. 21.42.140.B.110 (defined: Section 21.04.292) Produce stands Public meeting halls, exhibit halls, and museums Public/quasi-public buildings and facilities and accessory utility buildings/facilities (defined: Sect. 21.04.297) Racetracks Radio/television/microwave/broadcast station/tower Recreation facilities Recycling collection facilities (small) (Subject to Chapter X X X X X X X X 2 2 2 3 2 2 2 2 2 3 2 2 2 1 2 2 1 2 2 1 2 2 2 2 2 1 X -52- 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. 105 of this Title)Jdefined: Section 21. 05.01 51 Recycling collection facilities (large) (Subject to Chapter 21 .105 of this Title) (defined: Section 21 .05.015) 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, souvenir/gift/novelty shops, specialty apparel shops) Satellite TV antennas, subject to Sec. 21.53.130 - 21.53.150 (see note 1, below) (defined: Section 21.04.302) 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) Sporting equipment/apparel sales/rental Stadiums Theaters (motion picture or live) - indoor Theaters, stages, amphitheaters - outdoor Timeshare projects (Subject to Sect. 21.42.140.B.155) (defined: Section 21 .04.357) Tourist information centers Transit passenger terminals (bus & train) Travel agencies Vacation rental office Video rental/sales Windmills (exceeding height limit) (Subject to Sect. 21.42.140.B.160) Wireless communications facilities (Subject to Sect. 21.42.140.B.165) Zoos (private) (Subject to Sect. 21.42.140.B.170) X X X X X X X X 2 2 3 2 2 3 2 2 1/2 2 X X 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. 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." SECTION XXIII: That Chapter 21.30 (C-M Heavy Commercial - Limited Industrial Zone) of the Carlsbad Municipal Code, Section 21.30.011 (Uses and structures permitted by conditional use permit) is repealed and Section 21.30.010, (Permitted uses) is amended to read as follows: "21.30.010 Permitted Uses. A. In a C-M zone, notwithstanding any other provision of this title, only the uses listed in Table A, below, shall be permitted, subject to the requirements and development -53- 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 standards specified by this chapter, and subject to the provisions of Chapter 21.44 governing off-street parking requirements. B. The uses permitted by conditional use permit, as indicated in Table A, shall be subject to the provisions of Chapter 21.42. C. A use similar to those listed in Table A may be permitted if the Planning Director determines such similar use falls within the intent and purposes of this zone, and is substantially similar to the specified permitted uses. D. A use category may be general in nature, where more than one particular use fits into the general category (ex: in some commercial zones "office" is a general use category that applies to various office uses). However, if a particular use is permitted by conditional use permit in another zone, the use shall not be permitted in this C-M Heavy Commercial-Limited Industrial Zone (even under a general use category) unless it is specifically listed in Table A of this Chapter as permitted or conditionally permitted. TABLE A PERMITTED USES 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 = Administrative hearing process 2 = Planning Commission hearing process 3 = City Council hearing process • "Ace" indicates use is permitted as an accessory use. USE Agricultural farm worker housing (temporary) (Subject to 21.42.140.B.02) Airports Alcoholic treatment centers Amusement parks Any use permitted in other commercial zones is permitted in the C-M zone, with exceptions as set out in Note 1, below Aquaculture (defined: Sec. 21 .04.036) Arcades - coin operated (Subject to Sec 21.42.140.B.015) (defined: Sec. 21.04.091) Assembly of electrical appliances such as: (A) Electronic instruments and devices, (B) Radios and phonographs, including manufacture of small parts, such as coils Auction houses or stores Auto storage/impound yards (I.e.: overnight product storage) Biological habitat preserve (Subject to Sec. 21.42.140.B.030) (defined: Sec. 21.04.048) Boat building (limited to those craft which may be transported over a state highway without permit); Body and fender works, including painting Book printing & publishing Bookbinding Bowling alley (Subject to Section 21.42.140.B.035) (defined: Sec. 21.04.057) P X X X X X X X CUP 3 3 2 3 2 1 2 2 2 Ace -54- 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 Building material storage yards Cabinet shops Campsites (overnight) (Subject to Sec. 21.42.140.6.040]^ Carpet cleaning plants Cemeteries Ceramic products, manufacture of, including figurines, using only previously pulverized clay and kilns fired only by electricity or low pressure gas Child day care center (Subject to Chap. 21.83) (defined: Sec. 21.04.086) Churches, synagogues, temples, convents, monasteries, and other places of worship Cleaning and dyeing plants Columbariums, crematories, and mausoleums (not within a cemetery) Delicatessen (defined: Sec. 21.04.106) Drive-thru facilities (not restaurants) Dwelling on the same lot on 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 Educational institutions or schools, public/private (defined: Sec. 21.04.140) Fairgrounds Feed and fuel yards Frozen food lockers Gas stations, subject to Section 21 .42.140.B.065 Glass studios, staining, edging, beveling and silvering in connection with sale of mirrors and glass for decorating purposes Golf courses Greenhouses > 2,000 square feet (Subject to Sec. 21.42.140.B.070 Hazardous waste facility (subject to Sec. 21.42.140. B.075) defined: Sec. 21.04.167) Hospital, industrial emergency (not full hospital or mental hospital) Kennels Laboratories, experimental, motion picture, testing Laundries Lumber yards (no planing mills and burners); Machine shops Mini-warehouses/ self storage Mobile buildings (Subject to Section 21.42.140.B.090) (defined Section 21.04.265) Mortuaries Musical instruments, manufacture of Newspaper/periodical printing & publishing Oil and Gas facilities (on-shore) (Subject to Sec.21.42.140.B.095) X X X X X X X X X X X X X X X X 2 3 2 2 2 2 2 3 2 2 1 3 2 2 2 2 2 3 -55- 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 Packing/sorting sheds > 600 square feet (Subject to Sec. 21.42.140.B.070). Parcel service delivery Parking facilities (primary use) (I.e.: day use, short-term, non-storage) Pawnshops (Subject to Sec 21 .42.104.B.105) Plumbing shops and plumbing shop supply yards Pool halls, billiard parlors (Subject to Sec 21.42.140.B.110) (defined: Sec. 21.04.292) Public scales Public/quasi-public buildings and facilities and accessory utility buildings/facilities (defined: Sec. 21.04.297) Racetracks Radio/television/microwave/ broadcast station/tower Recreation facilities Recreational vehicle storage (Subject to Sec. 21.42.140.B.120) (defined: Sec. 21.04.299) Recycling collection facilities, large (Subject to Chapter 21.105) (defined: Sec. 21.105.015) Recycling collection facilities, small (Subject to Chapter 21. 105) (defined: Sec. 21.105.015) Recycling process/transfer facility Restaurants (bona fide public eating establishment) (Defined: Sec.21. 04.056) Satellite antennae (>1 per use) (defined: Sec 21 .04.302) Satellite television antennae subject to the provisions of Section 21 .53.1 30 of this code Sheet metal shops Signs subject to the provisions of Chapter 21 .41 Stadiums Tattoo parlors (Subject to Sec. 21 .42.140.B.140) Theaters (motion picture or live) - indoor Thrift shops (Subject to Sec. 21.42.104.B.150) Tire rebuilding, recapping and retreading Transit passenger terminals (bus & train) Transit storage (ex: rolling stock) Veterinary clinic/animal hospital (small animals) (defined: Sec. 21.04.378) Wholesale businesses, storage buildings and warehouses Windmills (exceeding height limit of zone) (Subject to 21.42.140.B.160) Wireless communications facilities (Subject to Sec. 21.42.140.165) (defined: Sec. 21.04.379) Zoos (private) (Subject to Sec. 21. 42.1 40. B.1 70) (defined: Sec. 21.04.400) X X X X X X X X 1 1 3 2 2 2 2 2 1 1 1 2 2 1 3 3 2 2 2 2 1 2 1/2 2 Notes: 1 . Any use permitted in the Commercial zones is allowed in the C-M zone, except: (A) Hotels, motels and auto courts, (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." -56- 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 SECTION XXIV: That Chapter 21.32 (M Industrial Zone) of the Carlsbad Municipal Code, Section 21.32.010 (Permitted uses) is amended to read as follows: "21.30.010 Permitted Uses. A. In an M zone, notwithstanding any other provision of this title, only the uses listed in Table A, below, shall be permitted, subject to the requirements and development standards specified by this chapter, and subject to the provisions of Chapter 21.44 governing off-street parking requirements. B. The uses permitted by conditional use permit, as indicated in Table A, shall be subject to the provisions of Chapter 21.42. C. A use similar to those listed in Table A may be permitted if the Planning Director determines such similar use falls within the intent and purposes of the zone, and is substantially similar to the specified permitted uses. D. A use category may be general in nature, where more than one particular use fits into the general category (ex: in some commercial zones "offices" is a general use category that applies to various office uses). However, if a particular use is permitted by conditional use permit in another zone, the use shall not be permitted in this M Industrial Zone (even under a general use category) unless it is specifically listed in Table A of this Chapter as permitted or conditionally permitted. TABLE A PERMITTED USES In the table, below, subject to all applicable permitting and development requirements of the Municipal Code: • "P" indicates use is permitted (however, see Note 2, below) • "CUP" indicates use is permitted with approval of a conditional use permit. 1 = Administrative hearing process 2 = Planning Commission hearing process 3 = City Council hearing process • "Ace" indicates use is permitted as an accessory use. USE Agricultural farm worker housing (temporary) (Subject to 21.42.140.B.02) Airports Alcoholic treatment centers Any industrial use not specifically permitted herein must be reviewed as provided in Chapter 21 .42 for a conditional use permit in order to locate industry in its proper and available location in the region and prevent conflict with the high degree of residential development existing in and around the city Aquaculture (defined: Sec. 21 .04.036) Auto storage/impound yards (I.e.: overnight product storage) Auto wrecking yards (defined 21 .04.040) Automobile painting. All painting, sanding and baking shall be conducted wholly within a building Bakeries Biological habitat preserve (Subject to Sec. P X X CUP 3 3 2 X 2 2 2 2 Ace -57- 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 21.42.140.B.030) (defined: Sec. 21.04.048) Body and fender works, including painting Book printing & publishing Bookbinding Bottling plants Breweries Campsites (overnight) (Subject to Sec. 21.42.140.B.040) Cemeteries Churches, synagogues, temples, convents, monasteries, and other places of worship Columbariums, crematories, and mausoleums (not within a cemetery) Creameries Dairy products manufacture Delicatessen (defined: Sec. 21.04.106) Draying, freighting or trucking yards or terminals Drive-thru facilities (not restaurants) Dumps (public) (defined: Sec. 21.04.1 10) Educational institutions or schools, public/private (defined: Sec. 21.04.140) Electric or neon sign manufacture Fairgrounds Feed and fuel yards Food products manufacture, storage and process of, except lard, pickles, sauerkraut, sausage or vinegar Fruit and vegetable canning, preserving and freezing Fruit packing houses Furniture manufacture Garment manufacturers Gas stations (Subject to Sec. 21.42.140.B.65) Golf courses Greenhouses > 2,000 square feet (Subject to Sec. 21.42.140.B.070) Hazardous waste facility (Subject to Sec. 21 .42.140. B.75) (defined: Sec. 21.04.167) Hospitals (defined: Sec 21 .04.170) Hospitals (mental) (defined: Sec. 21.04.175) Ice and cold storage plants Kennels Lumber yards Machine shops Manufacture of prefabricated buildings Mills, planing Mini-warehouses/ self storage Mobile buildings (Subject to Sec. 21 . 42.1 40. B. 90) (defined Sec. 21.04.265) Mortuaries Newspaper/periodical printing & publishing Oil and Gas facilities (on-shore) (Subject to Sec.21.42.140.B.95) Packing/sorting sheds > 600 square feet (Subject to Sec. X X X X X X X X X X X X X X X X X X X X 2 3 2 2 2 3 2 3 2 2 1 3 2 2 2 2 2 2 2 2 3 1 -58- 1 2 3 4 5 6 1 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 21.42.140.B.070). Parking facilities (primary use) (I.e.: day use, short-term, non-storage) Pawnshops (Subject to Sec 21 .42. 1 40. B. 105) Plastics, fabrication from Public/quasi-public buildings and facilities and accessory utility buildings/facilities (defined: Sec. 21.04.297) Racetracks Radio/television/microwave/ broadcast station/tower Recreation facilities Recreational vehicle storage (Subject to Sec. 21.42.140.B.120) (defined: Sec. 21.04.299) Recycling collection facilities, large (Subject to Chapter 21 . 1 05) (defined: Sec. 21.1 05.01 5) Recycling collection facilities, small (Subject to Chapter 21.105) (defined: Sec. 21.105.015) Recycling process/transfer facility Rubber, fabrication of products made from finished rubber Satellite antennae (>1 per use) (defined: Sec 21 .04.302) Satellite television antennae (Subject to Sec. 21 .53.130) Sheet metal shops Shoe manufacturing Soap manufacture, cold mix only Stadiums Stone monument works Tattoo parlors (Subject to Sec. 21 .42. 1 40. B. 140) Textile manufacture Thrift shops (Subject to Sec. 21.42.140.B.150) Tire rebuilding, recapping and retreading Transit passenger terminals (bus & train) Transit storage (ex: rolling stock) Truck steam cleaning equipment Veterinary clinic/animal hospital (small animals) (defined: Sec. 21.04.378) Windmills (exceeding height limit of zone) (Subject to Sec. 21.42.140.B.160) Wireless communications facilities (Subject to Sec. 21.42.140.165) (defined: Sec. 21.04.379) Zoos (private) (Subject to Sec. 21.42.140.B.170) (defined: Sec. 21 .04.400) Notes: X X X X X X X X X X 1 3 2 2 2 2 1 2 1 2 1 3 3 2 2 2 1 2 1/2 2 1 . Any use permitted in the C-M zone, except child day care centers, except that a dwelling conforming to the yard requirements of the R-3 zone shall be permitted on the same lot on which a factory is located, and which dwelling is used exclusively by a caretaker or superintendent of such factory and his family 2. Any use that is found to be objectionable or incompatible with the character of the city and its environs due to noise, dust, odors or other undesirable characteristics may be prohibited." SECTION XXV: That Chapter 21.33 (O-S Open Space Zone) of the Carlsbad Municipal Code, Sections 21.33.030 (Permitted accessory uses and structures) and 21.33.040 -59- 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 (Uses and structures permitted by conditional use permit) are repealed, and Section 21.33.020, (Permitted uses and structures) is amended to read as follows: "21.33.020 Permitted Uses. A. In a 0-S zone, notwithstanding any other provision of this title, only the uses listed in Table A, below, shall be permitted, subject to the requirements and development standards specified by this chapter, and subject to the provisions of Chapter 21.44 governing off-street parking requirements. B. The uses permitted by conditional use permit, as indicated in Table A, shall be subject to the provisions of Chapter 21.42. C. A use similar to those listed in Table A may be permitted if the Planning Director determines such similar use falls within the intent and purposes of the zone, and is substantially similar to the specified permitted uses. D. A use category may be general in nature, where more than one particular use fits into the general category (ex: in some commercial zones "office" is a general use category that applies to various office uses). However, if a particular use is permitted by conditional use permit in another zone, the use shall not be permitted in this O-S Open Space Zone (even under a general use category) unless it is specifically listed in Table A of this Chapter as permitted or conditionally permitted. TABLE A PERMITTED USES 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 = Administrative hearing process 2 = Planning Commission hearing process 3 = City Council hearing process • "Ace" indicates use is permitted as an accessory use. USE Agricultural farm worker housing (temporary) (Subject to Sec. 21.42.140.B.02) Aquaculture (defined: Sec. 21 .04.036) Aquaculture stands (display/sale) (Subject to Sec. 21.42.140.B.010) Athletic fields Barbecue and fire pits Beaches and shoreline recreation, public Bicycle paths Biological habitat preserve (Subject to Sec. 21.42.140.B.030) (defined: Sec. 21.04.048) Campsites (overnight) (Subject to Sec. 21.42.140.B.040) Cemeteries Changing rooms City picnic areas City playgrounds Clubhouses Columbariums, crematories, and mausoleums (not within a cemetery) P X X X X CUP 3 2 2 2 2 2 3 2 Ace X X X -60-III 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 Cultural activities & facilities Educational institutions or schools, public/private (defined: Sec. 21.04.140) Entertainment activities & facilities Fairgrounds Fallow lands. (Ord. 9461 § 1 (part), 1976; Ord. 9385 § 2 (part), 1974) Fencing Field and seed crops Golf courses Greenhouses > 2,000 square feet (Subject to Sec. 21.42.140.B.070) Horse trails Horticultural crops Marinas Mobile buildings (Subject to Sec. 21.42.140.B.090) (defined Sec. 21.04.265) Open space easements Orchards and vineyards Other similar accessory uses and structures required for the conduct of the permitted uses (Ord. 9385 § 2 (part), 1974) Packing/sorting sheds > 600 square feet (Subject to Sec. 21.42.140.B.070). Park, public (Subject to Sec. 21.42.140.B. 100) Parking areas Parks, public Pasture and rangeland Patios Picnic areas (private) Playground equipment Playgrounds/playfields Pool filtering equipment Public access easement, nonvehicular Public lands Public restrooms Public/quasi-public buildings and facilities and accessory utility buildings/facilities (defined: Sec. 21 .04.297) Radio/television/microwave/ broadcast station/tower Recreation facilities Recycling collection facilities, large (Subject to Chapter 21 .105 of this Title) (defined: Sec. 21 .105.015) Recycling collection facilities, small (Subject to Chapter 21 .1 05 of this Title.) (defined: Sec. 21 .1 05.01 5) Scenic easements Slope easements Stables/Riding Academies (defined: Sec. 21.04.310 and 21.04.315) Stadiums Stairways, Swimming pools Tennis courts X X X X X X X X X X X X 2 2 2 3 2 1 2 2 1 2 2 2 2 2 2 2 1 2 3 2 2 X X X X X X X X -61- 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 Theaters, stages, amphitheaters - outdoor Transportation rights-of-way Tree farms Truck crops Vista points Windmills (exceeding height limit of zone) (Subject to 21.42.140.B.160) Wireless communications facilities (Subject to Sec. 21.42.140.165) (defined: Sec. 21.04.379) Zoos (private) (Subject to Sec. 21.42.140.B.170) (defined: Sec. 21.04.400) X X X X 2 2 1/2 2" SECTION XXVI: That Chapter 21.34 (P-M Planned Industrial Zone) of the Carlsbad Municipal Code, Sections 21.34.030 (Conditional uses) and 21.34.040 (Residential uses permitted by conditional use permit) are repealed, and Section 21.34.020 (Permitted uses) is amended to read as follows: "21.34.020 Permitted Uses. A. In a P-M zone, notwithstanding any other provision of this title, only the uses listed in Table A, below, shall be permitted, subject to the requirements and development standards specified by this chapter, and subject to the provisions of Chapter 21.44 governing off-street parking requirements. B. The uses permitted by conditional use permit, as indicated in Table A, shall be subject to the provisions of Chapter 21.42. C. A use similar to those listed in Table A may be permitted if the Planning Director determines such similar use falls within the intent and purposes of the zone, and is substantially similar to the specified permitted uses. D. A use category may be general in nature, where more than one particular use fits into the general category (ex: in some commercial zones "offices" is a general use category that applies to various office uses). However, if a particular use is permitted by conditional use permit in another zone, the use shall not be permitted in this P-M zone (even under a general use category) unless it is specifically listed in Table A of this Chapter as permitted or conditionally permitted. TABLE A PERMITTED USES 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 = Administrative hearing process 2 = Planning Commission hearing process 3 = City Council hearing process • "Ace" indicates use is permitted as an accessory use. USE Accessory uses and structures where related and incidental to a permitted use Accountants (See note 1 below) P Cl X JP Ace X -62-1*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 Administrative offices associated with and accessory to a permitted use Administrative offices (See note 1 below) Advertising agencies (See note 1 below) Advertising-direct mail (See note 1 below) Agricultural consultants (See note 1 below) Agricultural farm worker housing (temporary) (Subject to Sec. 21.42.140.B.02) Air courier service (See note 1 below) Airlines offices, general offices (See note 1 below) Airports Alcoholic treatment centers Answering bureaus (See note 1 below) Appraisers (See note 1 below) Aquaculture (defined: Sec. 21.04.036) Arbitrators (See note 1 below) Architect design and planners (See note 1 below) Athletic clubs, gymnasiums, health clubs, and physical conditioning businesses Attorney (no legal clinics) (See note 1 below) Attorney services (See note 1 below) Audio-visual services (See note 1 below) Auto storage/impound yards (I.e.: overnight product storage) Auto wrecking yards (defined 21 .04.040) Billing service (See note 1 below) Biological habitat preserve (Subject to Sec. 21.42.140.B.30) (defined: Sec. 21.04.048) Blueprinters (See note 1 below) Book printing & publishing Bookbinding Bookkeeping service (See note 1 below) Building designers (See note 1 below) Building inspection service (See note 1 below) Burglar alarm systems (See note 1 below) Business consultants (See note 1 below) Business offices for professional and labor organizations (See note 1 below) Campsites (overnight) (Subject to Sec. 21.42.140.B.40) Cemeteries Child day care center (Subject to Chap. 21 .83) (defined: Sec. 21 .04.086) Churches, synagogues, temples, convents, monasteries, and other places of worship Civil engineers (See note 1 below) Collection agencies (See note 1 below) Columbariums, crematories, and mausoleums (not within a cemetery) Commercial artists (See note 1 below) Commodity brokers (See note 1 below) Communications consultants (See note 1 below) X X X X X X X X X X X X X X X X X X X X X X X X X X X X X 3 3 2 2 2 2 2 2 2 3 2 2 2 -63- 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 Computer programmers (See note 1 below) Computer service (time-sharing) Computer systems (See note 1 below) Construction manager (See note 1 below) Corporate headquarters office^See note 1 below) Corporate travel agencies and bureaus (See note 1 below) Credit rating service (See note 1 below) Data communication service (See note 1 below) Data processing service (See note 1 below) Data systems consultants (See note 1 below) Delicatessen (defined: Sec. 21.04.106) Diamond and gold brokers (See note 1 below) Display designers (See note 1 below) Display services (See note 1 below) Drafting services (See note 1 below) Drive-thru facilities (not restaurants) Economics research (See note 1 below) Educational consultants (See note 1 below) Educational institutions or schools, public/private (defined: Sec. 21.04.140) Educational research (See note 1 below) Electric contractors (sales and administrative offices only) (See note 1 below) Electronics consultants (See note 1 below) Energy management consultants (See note 1 below) Engineering offices (See note 1 below) Environmental services (See note 1 below) Escrow service (See note 1 below) Estimators (See note 1 below) Executive recruiting consultants (See note 1 below) Executive search office (See note 1 below) Executive training consultants (See note 1 below) Export consultants (See note 1 below) Fairgrounds Financial planners and consultants (See note 1 below) Fire protection consultants (See note 1 below) Foreclosure assistance (See note 1 below) Foundation-educational research (See note 1 below) Franchise services (See note 1 below) Fund-raising counselors (See note 1 below) Gas stations (Subject to Sec. 21.42.140.B.65) Gemologists (See note 1 below) General contractors (no equipment storage permitted) (See note 1 below) Geophysicists (See note 1 below) Golf courses Government contract consultants (See note 1 below) Government facilities and offices Governmental agencies (general and administrative offices only) (See note 1 below) Graphics designers (See note 1 below) X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X 1 2 2 3 2 2 -64- 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 Greenhouses > 2,000 square feet (Subject to Sec. 21.42.140.B.70) Hazardous waste facility (Subject to Sec. 21.42.140. B.75) (defined: Sec. 21.04.167) Hospitals (defined: Sec 21 .04.170) Hospitals (mental) (defined: Sec. 21.04.175) Hotels and motels (Subject to Sec. 21 .42.140.B.80) Human factors research and development (See note 1 below) Human services organization (administrative offices only) (See note 1 below) Importers (See note 1 below) Incorporating agency (See note 1 below) Industrial medical (workers comp.) (See note 1 below) Information bureaus (See note 1 below) Insurance companies (administrative offices only) (See note 1 below) Interior decorators and designers (no merchandise storage permitted) (See note 1 below) Investigators (See note 1 below) Investment advisory (See note 1 below) Investment Securities Kennels Labor relations consultants (See note 1 below) Leasing services (See note 1 below) Lecture bureaus (See note 1 below) Literary agents (See note 1 below) Magazine subscription agents (See note 1 below) Mailing list service (See note 1 below) Management consultants (See note 1 below) Manufacturers agents (See note 1 below) Manufacturing and processing facilities Marketing research and analysis (See note 1 below) Message receiving service (See note 1 below) Mini-warehouses/ self storage Mobile buildings (Subject to Sec. 21.42.140.B.90) (defined Section 2 1.04.265) Mutual funds (See note 1 below) Newspaper/periodical printing & publishing Oil and Gas facilities (on-shore) (Subject to Sec.21.42.140.B.95) On-site recreational facilities intended for the use of employees of the planned industrial zone Packing/sorting sheds > 600 square feet (Subject to Sec. 21.42.140.B.70). Parking facilities (primary use) (I.e.: day use, short-term, non-storage) Patent searchers (See note 1 below) Pension and profit sharing plans (See note 1 below) Personal service bureau (See note 1 below) Photographic (industrial and commercial only) (See note 1 X X X X X X X X X X X X X X X X X X X X X X X X X X X X 1 3 2 2 2 2 2 2 2 3 1 1 -65- 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 below) Printing services (See note 1 below) Product development and marketing (See note 1 below) Public relations services (See note 1 below) Public utility companies (See note 1 below) Public/quasi-public buildings and facilities and accessory utility buildings/facilities (defined: Sec. 21.04.297) Publicity services (See note 1 below) Publishers representatives (See note 1 below) Racetracks Radio communications (See note 1 below) Radio/television/microwave/ broadcast station/tower Real estate brokers (commercial and industrial only) (See note 1 below) Real estate developers (See note 1 below) Recording service (See note 1 below) Recreation facilities Recreational vehicle storage (Subject to Sec. 21.42.140.B.120) (defined: Sec. 21.04.299) Recycling collection facilities, small (Subject to Chapter 21. 105 of this Title.) (defined: Sec. 21.105.015) Recycling collection facilities, large (Subject to Chapter 21. 105 of this Title) (defined: Sec. 21.105.015) Recycling process/transfer facility Relocation service (See note 1 below) Repossessing service (See note 1 below) Research and testing facilities Research labs (See note 1 below) Residential uses in P-M Zone (Subject to Sec. 21.42.140.B.135) Restaurants (bona fide public eating establishment - defined: Sec.21 .04.056) Retail uses Retirement planning consultants (See note 1 below) Safety consultants (See note 1 below) Sales training and counseling (See note 1 below) Satellite antennae (>1 per use) (defined: Sec 21 .04.302) Satellite television antennae (Subject to Sec. 21.53.130) Searchers of records (See note 1 below) Securities systems (See note 1 below) Security firms (See note 1 below) Signs (Subject to Chapter 21 .41 ) Sound system consultants (See note 1 below) Space planning consultants (See note 1 below) Space research and developments (See note 1 below) Stadiums Stock and bond brokers (See note 1 below) Storage, wholesale and distribution facilities Surveyors (See note 1 below) Tax service and consultants (no consumer oriented uses) (See note 1 below) X X X X X X X X X X X X X X X X X X X X X X X X X X X X X 2 2 2 2 1 1 2 2 3 2 2 1 3 -66- 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 Telephone cable companies (See note 1 below) Telephone systems (See note 1 below) Title companies (See note 1 below) Tour operators (See note 1 below) Trademark consultants (See note 1 below) Transit passenger terminals (bus & train) Translators and interpreters (See note 1 below) Trust companies (See note 1 below) Veterinary clinic/animal hospital (small animals) (defined: Sec. 21 .04.378) Windmills (exceeding height limit of zone) (Subject to 21.42.140.B.160) Wireless communications facilities (Subject to Sec. 21.42.140.165) (defined: Sec. 21.04.379) Zoos (private) (Subject to Sec. 21 .42.140.8.1 70) (defined: Sec. 21.04.400) X X X X X X X 2 1 2 1/2 2 Notes: 1 . Business and professional offices which are not retail in nature, do not cater to the general public, and do not generate walk-in or drive-in traffic, and are incidental to the industrial uses in the vicinity." SECTION XXVI: That Chapter 21.36 (P-U Public Utility Zone) of the Carlsbad Municipal Code, Section 21.36.110 (Uses and structures permitted by conditional use permit) is repealed and Section 21.36.020 (Permitted uses) is amended to read as follows: "21.36.020 Permitted Uses. A. In a P-U zone, notwithstanding any other provision of this title, only the uses listed in Table A, below, shall be permitted, subject to the requirements and development standards specified by this chapter, and subject to the provisions of Chapter 21.44 governing off-street parking requirements. B. The uses permitted by conditional use permit, as indicated in Table A, shall be subject to the provisions of Chapter 21.42. C. A use similar to those listed in Table A may be permitted if the Planning Director determines such similar use falls within the intent and purposes of the zone, and is substantially similar to the specified permitted uses. D. A use category may be general in nature, where more than one particular use fits into the general category (ex: in some commercial zones "office" is a general use category that applies to various office uses). However, if a particular use is permitted by conditional use permit in another zone, the use shall not be permitted in this P-U Zone (even under a general use category) unless it is specifically listed in Table A of this Chapter as permitted or conditionally permitted. -67- 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: • "P" indicates use is permitted • "CUP" indicates use is permitted with approval of a conditional use permit. 1 = Administrative hearing process 2 = Planning Commission hearing process 3 = City Council hearing process • "Ace" indicates use is permitted as an accessory use. USE Agricultural farm worker housing (temporary) (Subject to Sec. 21.42.140.B.02) Agriculture: Only the following agricultural uses, and buildings accessory to such agricultural uses, are permitted in the P-U zone: (a) Field and seed crops, (b) Truck crops, (c) Horticultural crops, (d) Orchards and vineyards, (e) Pasture and rangeland, (f) Tree farms, (g) Fallow lands, (h) Greenhouses; Airports Alcoholic treatment centers Any other use which the planning commission or city council may determine to be similar to the permitted uses in the zone and to fall within the intent and purposes of the zone (See Note 1 ) Aquaculture (defined: Sec. 21 .04.036) Aquaculture stands (display/sale) (Subject to Sec. 21.42.140.B.10) Biological habitat preserve (Subject to Sec. 21.42.140.B.30) (defined: Sec. 21.04.048) Campsites (overnight) (Subject to Sec. 21.42.140.B.40) Cemeteries Columbariums, crematories, and mausoleums (not within a cemetery) 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 Fairgrounds Generation and transmission of electrical energy Golf courses Governmental maintenance and service facilities Greenhouses > 2,000 square feet (Subject to Sec. 21.42.140.B.70) Hazardous waste facility (subject to Sec. 21. 42.1 40. B. 75) (defined: Sec. 21.04.167) Hospitals (defined: Sec 21.04.170) Hospitals (mental) (defined: Sec. 21.04.175) Mobile buildings (Subject to Section 21.42.140.B.090) (defined Section 21.04.265) Packing/sorting sheds > 600 square feet (Subject to Sec. P X X X X X CUP 3 3 2 2 2 2 2 3 2 3 2 1 3 2 2 2 1 Ace -68- 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 21.42.140.B.70). Petroleum products pipeline booster stations Processing, using and storage of: (a) Natural gas, (b) Liquid natural gas, (c) Domestic and agricultural water supplies; Public utility district maintenance, storage and operating facilities Radio/television/microwave/ broadcast station/tower2 Recreation facilities Recreational facilities (public or private, passive or active); Recycling collection facilities, large (Subject to Chapter 21 .1 05 of this Title) (defined: Sec. 21.1 05.01 5) Recycling collection facilities, small (Subject to Chapter 21 .1 05 of this Title.) (defined: Sec. 21 .1 05.01 5) Recycling process/transfer facility Satellite television antennae (Subject to the provisions of Sec. 21 .53.1 30 of this code) Signs subject to the provisions of Chapter 21 .41 Stadiums Transit passenger terminals (bus & train) Using and storage of fuel oils Wastewater treatment, disposal or reclamation facilities Windmills (exceeding height limit of zone) (Subject to 21 . 42. 1 40. B. 160) Wireless communications facilities (Subject to Sec. 21.42.140.165) (defined: Sec. 21.04.379) Zoos (private) (Subject to Sec. 21.42.140.B.170) (defined: Sec. 21.04.400) X X X X X X X X 2 2 2 1 2 3 2 2 1/2 2 Notes: 1 . Providing there shall not be permitted any use which creates noxious gas or odor, excessive sound vibration or significant atmospheric pollution." SECTION XXVII: That Chapter 21.37 (RMHP Residential Mobile Home Park Zone) of the Carlsbad Municipal Code, Section 21.37.020 (Permitted uses) is amended to read as follows: "21.37.020 Permitted Uses. A. In an RMHP zone, notwithstanding any other provision of this title, only the uses listed in Table A, below, shall be permitted, subject to the requirements and development standards specified by this chapter, and subject to the provisions of Chapter 21.44 governing off-street parking requirements. B. The uses permitted by conditional use permit, as indicated in Table A, shall be subject to the provisions of Chapter 21.42. C. A use similar to those listed in Table A may be permitted if the Planning Director determines such similar use falls within the intent and purposes of the zone, and is substantially similar to the specified permitted uses. -69--70 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: • "P" indicates use is permitted • "CUP" indicates use is permitted with approval of a conditional use permit. 1 = Administrative hearing process 2 = Planning Commission hearing process 3 = City Council hearing process • "Ace" indicates use is permitted as an accessory use. USE Aquaculture (defined: Sec. 21 .04.036) Animal keeping (household pets) (Subject to Section 21 .53.084) Animal keeping (wild animals) (Subject to Section 21 .53.085) Biological habitat preserve (Subject to Sec. 21.42.140.B.30) (defined: Sec. 21.04.048) Buildings incidental to a mobile home park (ex. recreational buildings, laundry facilities, etc.) Campsites (overnight) (Subject to Sec. 21.42.140.B.40) Cemeteries Churches, synagogues, temples, convents, monasteries, and other places of worship Educational institutions or schools, public/private (defined: Sec. 21.04.140) Family day care home (large) (Subject to Chapter 21.83 (defined: Section 21.04.147) Family day care home (small) (Subject to Chapter 21.83 (defined: Section 21.04.148) Golf courses Greenhouses > 2,000 square feet (Subject to Sec. 21.42.140.B.70) Home occupation (Subject to Section 21 .10.040) Mobile buildings (Subject to Sec. 21.42.140.B.90) (defined Section 21 .04.265) Mobile home accessory structures (defined: Section 21 .04.267) Mobile home parks (See note 2, below) Packing/sorting sheds > 600 square feet (Subject to Sec. 21.42.140.B.70). Public/quasi-public buildings and facilities and accessory utility buildings/facilities (defined: Sec. 21.04.297) Satellite TV antennae (Subject to Sections 21.53.130- 21.53.150) (defined: Section 21.04.302) Signs, subject to Chapter 21.41 (defined: Section 21 .04.305) Temporary building/trailer (real estate or construction) (Subject to Sections 21 .53.090 and 21 .53.1 10) Wireless communications facilities (Subject to Sec. 21.42.140.165) (defined: Sec. 21.04.379) P X X CUP 2 2 2 3 2 2 2 1 2 1 2 1/2 Ace X X X X X X X X X -70- 1 2 3J 4 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 *~\ £.26 T7LI 28 Zoos (private) (Subject to Sec. 21.42.140.B.170) (defined Sec. 21.04.400) Notes: 2 1 . A conditional use permit is not required for a golf course if it is approved as part of a master plan for community development. 2. A mobile home park may be a condominium, planned unit development, or rental park consisting a planned of mobile homes. Subject to the provisions of Section 18551 of the California Health and Safety Code, mobile homes may be placed on permanent foundation systems in condominium or planned-unit development parks. Subject to provisions of Sections 18551 .1 and 1861 1 of the California Health and Safety Code mobile houses may be placed on permanent foundation systems in any mobile home park homes the and factory-built for which a permit was issued after January 1 , 1 982 and designated to accommodate homes on permanent foundation systems. 3. 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." SECTION XXVIII: That Chapter 21.39 (L-C Limited Control i Zone) of the Carlsbad Municipal Code, Section 21 .39.020 (Permitted uses) is amended to read as follows: "21 .39.020 Permitted Uses. A. In an L-C zone, notwithstanding any other provision of this title,only the uses listed in Table A, below, shall be permitted subject to the requirements and development standards specified in this chapter, and subject to the provisions of Chapter street parking requirements. B. A use similar to those listed in Table A may 21 .44 governing off- be permitted if the Planning Director determines such similar use falls within the intent and purposes of this similar to the specified permitted uses. zone, and s substantially C. A use category may be general in nature, where more than one particular use into the general category (ex: in some commercial zones "office" is a applies to various office uses). However, if a particular fits general use category that use is permitted by conditional permit in another zone, the use shall not be permitted in this Limited Control general use category) unless it is specifically listed in Table TABLE A PERMITTED USES Zone use (even under a A of this Chapter as permitted. 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 1 = Administrative hearing process 2 = Planning Commission hearing process 3 = City Council hearing process • "Ace" indicates use is permitted as an accessory USE Animals and poultry - small (less than 25) (See note 2) Cattle, sheep, goats, and swine production (See note 3) Crop production Family day care home (large and small) (Subject to Ch 2 1.83 of this Title) Floriculture Greenhouses, less than 2,000 square feet) Horses, private use Nursery crop production -71- a conditional use permit. use. P X X X X X X X X CUP Ace •72- 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 Other uses or enterprises similar to the above customarily carried on in the field of agriculture Produce stand for display and sale of products produced on the same premises (See note 4) Tree farms Truck farms X X X X Notes: 1. Farm worker housing: Provided the number of units shall not exceed two per gross acre of land area and no such housing is located closer than fifty feet from any lot line. 2. Small animals and poultry: Provided that not more than twenty-five of any one or combination thereof shall be kept within fifty 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. Cattle, small animals, etc: Provided that the number of any one or combination of said animals shall not exceed one animal per half acres of lot area. Said animals shall not be located within fifty 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. 4. Produce 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. 5. 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. 6. 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 XXIX: That Chapter 21.31 (C-L Local Shopping Center Zone) of the Carlsbad Municipal Code, Section 21.31.30 (Permitted Uses) is amended to read as follows: "21.31.030 Permitted uses. A. In the C-L zone only the uses listed in Table A, below, shall be permitted, subject to the requirements and development standards specified by this chapter. B. The uses permitted by conditional use permit, as indicated in Table A, shall be subject to the provisions of Chapters 21.42 and 21.50. C. A use similar to those listed in Table A may be permitted if the Planning Director determines such similar use falls within the intent and purposes of this zone, and is substantially similar to the specified permitted uses. D. A use category may be general in nature, where more than one particular use fits into the general category (ex: in some commercial zones "offices" is a general use category that applies to various office uses). However, if a particular use is permitted by conditional use permit in another zone, the use shall not be permitted in this C-L zone (even under a general use category) unless it is specifically listed in Table A of this Chapter as permitted or conditionally permitted. TABLE A USES PERMITTED IN THE C-L Zone In the table, below, subject to all applicable permitting and development requirements of the Municipal Code: • "P" indicates the use is permitted. • "CUP" indicates that the use is permitted with approval of a conditional use permit. -72- 1 2 3 4 5 6 1 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 = Administrative hearing process 2 = Planning Commission hearing process 3 = City Council hearing process • "Ace" indicates the use is permitted as an accessory use. USE Accessory buildings/structures, which are customarily appurtenant to a permitted use (ex: incidental storage facilities (See note 1, below) (defined: Sec. 21.04.020) Adult and/or senior daycare and/or recreation facility (private or non-private) Agricultural farm worker housing (temporary) (Subject to 21.42.104.B.145) Alcoholic treatment center All uses permitted in Chapter 21.25 not otherwise listed herein (CF- Community Facilities Zone) Arcades - coin operated (Subject to Section 21.42.140.B.015) (defined: Sec. 21.04.091) Athletic clubs, gymnasiums, and health clubs Bars, cocktail lounges (Subject to Section 21.42.140.B.020) (defined: Sec. 21.04.041) Biological habitat preserve (Subject to Sec. 21.42.140.B.030) (defined: Sec. 21.04.048) Bowling alley (Subject to Section 21.42.140.B.035) (defined: Sec. 21 .04.057) Car wash (Subject to Section 21 .42.140.B.045) Child day care centers (Subject to Chapter 21 .83) (defined: Sec: 21 .04.086) Clubs - non-profit; business, civic, professional, etc. (defined: Sec. 21 .04.090) Drive-through facilities (non restaurant) Drug Paraphernalia store (subject to Section 21.42.140.B.55) Educational facilities, other (defined: Sec. 21.04.137 (See note 2, below) Escort service (Subject to Sec. 21 .42.140.B.60) Gas stations (Subject to Section 21 .42.140.B.065.) Greenhouses > 2,000 square feet (Subject to Sec. 21.42.140.B.070) Kiosks, vending carts, and push carts (see Note 1 , below) Liquor store (Subject to Sec. 21.42.140.B.085) (defined: Sec 21 .04.203) Manufacturing/fabrication of goods (ancillary) (Subject to Section 21.31.070) (see Note 1, below) Medical uses (excluding hospitals), including offices for medical practitioners, clinics, incidental laboratories, and pharmacies (prescription only) Mobile buildings (Subject to Section 21.42.140.B.090) Idefined Section 21.04.265) News/magazine stands (see Note 1 , below) Nightclubs, dance clubs, and other establishments that play live or recorded music or make regular use of amplified P X X X X CUP 2 3 2 2 1 2 2 2 2 2 2 3 3 2 1 2 2 2 ACC X X X X -73--ft 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 sound. Office uses, that provide services directly to consumers, including, but not limited to, banking, financial, insurance, and real estate services, (See note 3, below) Outdoor dining (incidental) (Subject to Section 21 .26.013) Outdoor sales of seasonal agricultural goods (Christmas trees, pumpkins, and similar products) (Subject to Section 21 .31 .080(L) (See note 1 , below) Packing/sorting sheds > 600 square feet (Subject to Sec. 21.42.140.B.070) Pet shops/pet supplies Plant nurseries and nursery supply Pool halls, billiard parlors (Subject to Section 21.42.104.B.110) (defined: Sec. 21.04.292) Public meeting halls, exhibit halls, and museums Public/quasi-public buildings and facilities and accessory utility buildings/ facilities (defined: Sec. 21.04.297) Radio/television/microwave/broadcast station/tower Recycling collection facilities, large (Subject to Chapter 21. 105 of this Title) (defined: Sec. 21.105.015) Recycling facilities, small (collection, temporary storage) (Subject to Chapter 21.105 of this Title. See also Section 21 .31 .080 of this Chapter) (defined: Sec. 21 .105.015) Recycling, reverse vending machine (Subject to Chapter 21.105 of this Title. See also Section 21.31.080 of this Chapter) (defined: Section 21.105.025) (see Notel, below) Religious reading room (separate from church Residential uses located above the ground floor of a multi- story, commercial building (subject to Section 21.42.140.B.130) Restaurants, cafes, and coffee shops, including take-out only service (no drive-through) 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) Satellite television antennas (Subject to Sections 21.53.130 through 21. 53. 150) 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. Signs (Subject to Chapter 21 .41 of this Title) Temporary building/trailer (construction) (Subject to Section 21 .53. 110) Theaters (motion picture or live) - indoor Theaters, stages, amphitheaters - outdoor Veterinary clinic/animal hospital (small animals) (defined: Sec. 21.04.378) Wireless communications facilities (Subject to Sec. 21.42.140.165) (defined: Sec. 21.04.379) X X X X X X X 1 1 2 2 2 2 2 1 1 2 2 2 1 1/2 X X X X -74- 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 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/schools. No individual school shall occupy more than 10,000 sq. ft. of gross leaseable floor area within any local shopping center. 3.Offices. The total floor area of an office uses shall not exceed 40% of the gross leaseable 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 included in the local shopping center, subject to 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." SECTION XXX: That Chapter 21.100 (T-C Transportation Corridor Zone) of the Carlsbad Municipal Code, Section 21.100.030 is repealed, and Section 21.100.020 is amended to read as follows: "21.100.020 Permitted Uses. A. In a T-C zone, notwithstanding any other provision of this title, only the uses listed in Table A, below, shall be permitted, subject to the requirements and development standards specified by this chapter, and subject to the provisions of Chapter 21.44 governing off-street parking requirements. B. The uses permitted by conditional use permit, as indicated in Table A, shall be subject to the provisions of Chapter 21.42. C. A use similar to those listed in Table A may be permitted if the Planning Director determines such similar use falls within the intent and purposes of the zone, and is substantially similar to the specified permitted uses. D. A use category may be general in nature, where more than one particular use fits into the general category (ex: in some commercial zones "office" is a general use category that applies to various office uses). However, if a particular use is permitted by conditional use permit in another zone, the use shall not be permitted in this T-C Zone (even under a general use category) unless it is specifically listed in Table A of this Chapter as permitted or conditionally permitted. TABLE A PERMITTED USES 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 = Administrative hearing process 2 = Planning Commission hearing process 3 = City Council hearing process • "Ace" indicates use is permitted as an accessory use. USE Agriculture (See note 2 below) Light-rail transit related facilities (See note 1 below) Parking lots Public streets. (Ord. 9818 § 1 (part), 1986) Railroad museum Railroad tracks and related facilities P X X X X CUP 2 2 Ace -75- 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 Recreational facilities (public) (See note 3 below) Recreation use open to the public (See note 4 below) Signs, except for billboards, subject to the provisions of Chapter 21. 41 X X 2 Notes: 1 . Consisting of: (A) Tracks, (B) 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, (C) Maintenance/repair facilities, (D) Stations; 2. Only the following agricultural uses, and buildings accessory to such agricultural uses, are permitted in the T- C zone: (A) Field and seed crops, (B) Truck crops, (C) Horticultural crops, (D) Orchards and vineyards, (E) Tree farms, (F) Fallow lands; 3. Limited to: (A) Passive open space, (B) Bicycle paths, (C) Pedestrian trails; 4. Tennis courts, picnic areas and similar temporary uses." SECTION XXXI: That Chapter 21.04 of the Carlsbad Municipal Code is amended by the addition of Section 21.04.379 to read as follows: "21.04.379 Wireless communication facility. 'Wireless communication facility' means any component, including antennas and all related equipment, buildings, and improvements for the provision of personal wireless services defined by the Federal Telecommunications Act of 1996 and as subsequently amended. Personal wireless services include but are not limited to cellular, personal communication services (PCS), enhanced specialized mobile radio (ESMR), paging, ground based repeaters for satellite radio services, micro-cell antennae and similar systems which exhibit technological characteristics similar to them." -76--n 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 SECTION XXXII: That the findings of the Planning Commission as set forth in Planning Resolution 5959 constitute the findings of the City Council. 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. (Notwithstanding the preceding, this ordinance shall not be effective within the City's Coastal Zone until approved by the California Coastal Commission.) INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the Ifp1. day of February 2006, and thereafter. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the 21st day of February 2006, by the following vote, to wit: AYES: Council Members Hall, Kulchin, Packard, Sigafoose NOES: None ABSENT: Mayor Lewis ABSTAIN: None APPROVED AS TO FORM AND LEGALITY R. BALL, City Attorne ATTEST: LORRAINE M. WOOD, City Clerk ' -77-