HomeMy WebLinkAbout2012-02-14; City Council; CS-172; H.E. Program 2.1 - Mixed Use...EXHIBIT 1
1 ORDINANCE NO. CS-172
2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A ZONE CODE
3 AMENDMENT TO IMPLEMENT A PORTION OF CARLSBAD
GENERAL PLAN HOUSING ELEMENT PROGRAM 2.1 OF THE
4 ADOPTED 2005-2010 HOUSING ELEMENT (GPA 03-02) AND
THEREBY ALLOWING RESIDENTIAL USES AS A PERMITTED
5 USE IN CERTAIN COMMERCIAL ZONES.
CASE NAME: H.E. PROGRAM 2.1 - MIXED USE
6 CASE NO.: ZCA 10-05/ LCPA 10-04
7 The City Council of the City of Carisbad, California, does ordain as follows:
8 SECTION i: That the list of sections in Chapter 21.26 (C-1 Neighborhood Commercial
9 Zone) is amended by the addition ofthe reference to 21.26.015.
10 21.26.015 Residential uses in the C-1 Zone.
11 SECTION II: That the following "Use" in Table A of Section 21.26.010 (C-1
12 Neighborhood Commercial Zone, Permitted uses) is amended as follows:
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Use P CUP Acc
Residential uses (subject to Section 21.26.015 of this title) X
15 SECTION III: That Section 21.26.015 is added to Chapter 21.26 (C-1 Neighborhood
16 Commercial Zone) as follows:
17 21.26.015 Residential uses in the C-1 Zone.
Mixed use developments that propose residential uses in combination with commercial
18 uses shall comply with the following requirements.
A. Residential uses shall be located above the ground floor of a multi-storied
19 commercial building with one or more of the non-residential uses permitted by Section
21.26.010 of this title located on the ground floor.
20 B. Residential uses shal! be subject to the requirements of the Chapters of this title,
which include but are not limited to, 21.26, 21.44, and in the case of airspace subdivisions,
21 21.47.
C. At the minimum, residential uses shall be constructed at the RHNA Base density
22 for the Residential High (RH) General Plan designation of 20 units per acre as described on
Table 2 of the General Plan Land Use Element, subject to approval of a Site Development Plan
23 processed in accordance with Chapter 21.06 of this title.
1. Density and yield of residential uses shall be determined consistent with the
24 residential density calculations and residential development restrictions in Section 21.53.230 of
this title and shall be based on 25% of the developable area. Unit yield in excess of the
25 minimum shall be subject to the finding in subsection 2 below. In no case shall the calculation
preclude the development of at least one dwelling unit in a mixed use development.
26 2. Residential uses shall be secondary and accessory to the primary commercial
use of the site. Compliance with this provision shall be evaluated as part of the Site
27 Development Plan.
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1 SECTION IV: That Section 21.26.020 of Chapter 21.26 (C-1 Neighborhood Commercial
2 Zone) is amended as follows:
3 21.26.020 - Limitations on permitted uses in C-1 zone.
Every non-residential use permitted shall be subject to the following conditions and
4 limitations:
(1) All uses shall be conducted wholly within a building except such uses as gasoline
5 stations, electrical transformer substations, nurseries for sale of plants and flowers and other
enterprises customarily conducted in the open;
6 (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
7 and treatment of products permitted herein;
(3) Storage shall be limited to accessory storage of commodities sold at retail on the
8 premises.
9 SECTION V: That the list of sections in Chapter 21.28 {C-2 General Commercial Zone)
10 is amended bythe addition ofthe reference to 21.28.015.
11 21.28.015 Residential uses in the C-2 Zone.
12 SECTION VI: That the following "Use" in Table A of Section 21.28.010 (C-2 General
13 Commercial Zone, Permitted uses) is amended as follows:
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Use P CUP Acc
Residential uses (subject to Section 21.28.015 of this title) X
SECTION VII: That Section 21.28.015 is added to Chapter 21.28 (C-2 General
j y Commercial Zone) as follows:
1; 21.28.015 Residential uses in the C-2 Zone.
Mixed use developments that propose residential uses in combination with commercial
1Q uses shall comply with the following requirements.
A. Residential uses shall be located above the ground floor of a multi-stoned
commercial building with one or more of the non-residential uses permitted by Section
21.28.010 of this title located on the ground floor.
B. Residential uses shall be subject to the requirements of the Chapters of this title,
which include but are not limited to, 21.28, 21.44, and in the case of airspace subdivisions,
21.47.
C. At the minimum, residential uses shall be constructed at the RHNA Base density
23 for the Residential High (RH) General Plan designation of 20 units per acre as described on
Table 2 of the General Plan Land Use Element, subject to approval of a Site Development Plan
24 processed in accordance with Chapter 21.06 of this tifle.
1. Density and yield of residenflal uses shall be determined consistent with the
25 residential density calculations and residenflal development restrictions in Secflon 21.53.230 of
this title and shall be based on 25% of the developable area. Unit yield in excess of the
26 minimum shall be subject to the flnding in subsection 2 below. In no case shall the calculation
preclude the development of at least one dwelling unit in a mixed use development.
27 2. Residential uses shall be secondary and accessory to the primary commercial
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1 use of the site. Compliance with this provision shall be evaluated as part of the Site
Development Plan.
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SECTION VIII: That Section 21.28.020 of Chapter 21.28 (C-2 General
Commercial Zone) is amended as follows:
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21.28.020 - Limitations on permitted uses.
5 Every non-residenflal use permitted in the C-2 zone shall be subject to the following
condiflons and limitations:
6 (1) All uses shail be conducted wholly within a building except such uses as gasoline
staflons, electrical transformer substations, horticultural nurseries and other enterprises
7 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 flve persons may be
employed in such manufacturing, processing and treatment of products.
9 (3) Storage shall be limited to accessory storage of commodities sold at retail on the
premises.
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SECTION IX: That the list of sections in Chapter 21.31 (C-L Local Shopping Center
Zone) is amended by the addiflon ofthe reference to 21.31.065.
21.31.065 Residential uses in the C-L Zone.
SECTION X: That the following "Use" in Table A of Secflon 21.31.030 (C-L Local
Shopping Center Zone, Permitted uses) is amended as follows:
Use P CUP Acc
Residential uses (subject to Section 21.31.065 of this title) X
1"^ SECTION XI: That the footnotes of Table A of Section 21.31.030 (C-L Local Shopping
Center Zone, Permitted uses) are amended as follows:
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 facilifles, other. No Individual educational facility shall occupy more
than ten thousand square feet of gross leasable floor area within any local shopping center.
3. Offices. The total floor area of an office uses shall not exceed forty percent of the
gross leasable floor area within any local shopping center.
4. Retail sales may also include those types of goods and services that are typically
offered by "community" retail establishments. When "community" retail establishments are
included in a local shopping center, they shall be subject to the following: the deflniflon of a
local shopping center. Section 21.31.020, and the funcflon ofthe local shopping center land use
25 class as described in the Carisbad general plan.
5. Any use meeting the deflniflon of an entertainment establishment, as deflned in
26 Secflon 8.09.020 of the Cartsbad Municipal Code (CMC), shall be subject to the requirements of
CMC Chapter 8.09.
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1 SECTION Xll: That Section 21.31.065 is added to Chapter 21.31 (C-L Local Shopping
2 Center Zone) as follows:
3 21.31.065 Residential uses in the C-L Zone.
Mixed use developments that propose residential uses in combination with commercial
4 uses shall comply with the following requirements.
A. Residential uses shall be located above the ground floor of a multi-storied
5 commercial building with one or more of the non-residential uses permitted by Section
21.31.030 of this title located on the ground floor.
6 B. Residential uses shall be subject to the requirements of the Chapters of this title,
which include but are not limited to, 21.31, 21.44, and in the case of airspace subdivisions,
7 21.47.
C. At the minimum, residential uses shall be constructed at the RHNA Base density
for the Residenflal High (RH) General Plan designaflon of 20 units per acre as described on
Table 2 of the General Plan Land Use Element, subject to approval of a Site Development Plan
9 processed in accordance with Chapter 21.06 of this title.
1. Density and yield of residenflal uses shall be determined consistent with the
10 residential density calculaflons and residenflal development restrictions in Secflon 21.53.230 of
this title and shall be based on 25% of the developable area. Unit yield in excess of the
11 minimum shall be subject to the flnding in subsection 2 below. In no case shall the calculation
preclude the development of at least one dwelling unit in a mixed use development.
12 2. Residential uses shall be secondary and accessory to the primary commercial
use of the site. Compliance with this provision shall be evaluated as part of the Site
13 Development Plan.
14 SECTION XIII: Section 21.31.070 of Chapter 21.31 (C-L Local Shopping Center
1 ^ Zone) is proposed to be amended as follows:
16 21.31.070 - Limitations on permitted uses in C-L zone.
Every non-residenflal use permitted shall be subject to the following conditions and
1^ limitations: .
A. Conduct Uses in Buildings. All uses shall be conducted wholly within a building,
except such uses as gasoline staflons, nurseries for sale of plants and flowers, uses set out in
Secflon 21.31.060, and other enterprises customarily conducted in the open or otherwise as
identifled and permitted in a site development plan. The City Planner is authorized to make any
necessary interpretations of this subsection;
B. On-Site Manufacture of Goods. Products made incident to a permitted use shall
be sold only at retail on the premises, and not more than flve persons may be employed in the
manufacturing of products permitted herein;
C. Storage shall be limited to:
22 1 Accessory storage of commodities to be sold at retail on the premises; and
2. Materials to be recycled.
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SECTION XV: Secflon 21.42.140(B)(130) of Chapter 21.42 (Minor Conditional
Use Permits and Conditional Use Permits) is proposed to be amended as shown:
130. Reserved.
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1 EFFECTIVE DATE: This ordinance shall be effective thirty days after its
2 adopflon, and the City Clerk shall certify to the adoption of this ordinance and cause it to be
3 published at least once in a publicaflon of general circulaflon in the City of Carisbad within
4 flfteen days after its adoption. {Notwithstanding the preceding, this ordinance shall not be
5 effective until LCPA 10-04 is approved by the California Coastal Commission.)
6 INTRODUCED AND FIRST READ at a regular meeflng of the Carisbad City
7 Council on the 24*^ day of January, 2012, and thereafter.
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PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carisbad on the 14^ day of February 2012, by the following vote, to wit:
AYES: Council Members Hall, Kulchin, Blackbum, Douglas, Packard.
NOES: None.
ABSENT: None.
ABSTAIN: None.
APPROVED AS TO FORM AND LEGALITY
RONALD R. BALL, City Attomey
ATTEST:
^2:2221^
iCe^^RAfNE M. WOOD, City Cler|^,„„^
(SEAL) >V^..-.,...--.Sr-'.
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