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HomeMy WebLinkAbout2013-08-27; City Council; CS-225; CUP Code Amendments ZCA 09-03 LCPA 09-02...1 ORDINANCE NO. CS-225 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A ZONE CODE 3 AMENDMENT TO AMEND THE TEXT OF VARIOUS NONRESIDENTIAL ZONES TO REFLECT THAT CITY COUNCIL 4 IS THE DECISION-MAKING AUTHORITY FOR HOTELS, BREWERIES WITH AN ACCESSORY RETAIL COMPONENT, 5 AND NIGHTCLUBS AND TO AMEND THE INTENT AND PURPOSE, ADD A "RETAIL- ACCESSORY USE..." CATEGORY, 6 AND SEPARATE FOOTNOTES TO THE PLANNED INDUSTRIAL (P-M) ZONE FOR PROPERTIES LOCATED OUTSIDE OF THE 7 COASTAL ZONE. CASE NAME: CUP CODE AMENDMENTS 8 CASE NO.: ZCA 09-03/LCPA 09-02 9 WHEREAS, in July 2009, the Development Review Process (DRP) Working 10 Group was formed with the purpose of identifying ways to improve the efficiency of and user 11 experience with the development review process; and 12 WHEREAS, in November 2009, the DRP Working Group's Summary 1^ Recommendations Report was presented to City Council at a City Council Workshop; and 14 WHEREAS, at said workshop, the City Council directed staff to implement the 1^ nine initiatives identified in the DRP Working Group's Summary Recommendations Report; WHEREAS, the majority of Zoning Ordinance amendments contained herein implement one of the nine initiatives identified by the DRP Working Group; WHEREAS, it is the desire of City Council to amend the text of various nonresidential zones to reflect that City Council is the decision-making authority for hotels, breweries with an accessory retail component, and nightclubs and to create a separate Intent and Purpose, "Retail- accessory use...." Category, and separate footnotes in the Planned Industrial (P-M) zone for properties located outside the coastal zone; NOW THEREFORE, The City Council of the City of Cartsbad, California, does ordain as follows: 17 18 19 20 21 22 23 24 25 26 27 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 SECTION I: That Table A of Section 21.20.010 (R-T, Residential Tourist Zone, Permitted Uses) is amended to add the following use: Use P Acc Hotels and Motels (subject to Section 21.42.140(B)(80)) (applicable only to properties located outside of the coastal zone) 3 SECTION II: That Table A of Section 21.26.010 (C-1, Neighborhood Commercial Zone, Permitted Uses) is amended to add the following use: Use WmMM. CUP Hotels and Motels (subject to Section 21.42.140(B)(80)) (applicable only to properties located outside of the coastal zone) 3 SECTION ill: That Table A of Section 21.27.020 (O, Office Zone, Permitted Uses) is amended to add the following use: Use P CUP Hotels and Motels (subject to Section 21.42.140(B)(80)) (applicable only to properties located outside of the coastal zone) 3 SECTION IV: That Table A of Section 21.28.010 (C-2, General Commercial Zone, Permitted Uses) is amended to add the following uses: Use CUP Acc Breweries with retail accessory use, including tasting rooms (applicable only to properties located outside of the coastal zone) 3 Hotels and Motels (subject to Section 21.42.140(B)(80)) (applicable only to properties located outside of the coastal zone) 3 Nightclubs, dance clubs, and other establishments that play live or recorded music or make regular use of amplified sound (applicable only to properties located outside of the coastal zone) 3 SECTION V: That Table A of Section 21.30.010 (C-M, Heavy Commercial- Limited Commercial Zone, Permitted Uses) is amended to add the following use: ^9 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 Use P 'Acc': V. Breweries with retail accessory use, including tasting rooms, up to 20% of the gross floor area of the building or suite (as applicable) or 2,000 square feet, whichever is less (see Note 3 below) (applicable only to properties located outside of the coastal zone) 3 SECTION VI: That the footnotes of Table A of 21.30.010 (C-M, Heavy Commercial- Limited Commercial Zone, Permitted Uses) are amended to add the following footnote: 3. The retail use shall be accessory to the permitted use and wholly contained within the building. All products for retail sale shall be produced, distributed, and/or warehoused on the premises. No outdoor display of merchandise or retail sales shall be permitted unless customarily conducted in the open. Parking for the accessory retail use shall be determined based on the parking requirement for the primary use pursuant to CMC Chapter 21.44. SECTION Vll: That Table A of Section 21.31.030 (C-L, Local Shopping Center Zone, Permitted Uses) is amended to add the following uses: Use P CUP Breweries with retail accessory use, including tasting rooms (applicable only to properties located outside of the coastal zone) 3 Nightclubs, dance clubs, and other establishments that play live or recorded music or make regular use of amplified sound (applicable only to properties located outside of the coastal zone) 3 SECTION VIII: That Table A of Section 21.32.010 (M, Industrial Zone, Permitted Uses) is amended to add the following use: Use CUP Breweries with retail accessory use, including tasting rooms, up to 20% of the gross floor area of the building or suite (as applicable) or 2,000 square feet, whichever is less (see Note 2 below) (applicable only to properties located outside of the coastal zone) 3 SECTION IX: That the footnotes of Table A of 21.32.010 (M, Industrial Zone, Permitted Uses) are amended to add the following footnote: 2. The retail use shall be accessory to the permitted use and wholly contained within the building. All products for retail sale shall be produced, distributed, and/or warehoused on the premises. No outdoor display of merchandise or retail sales shall be permitted unless customarily conducted in the open. Parking for the -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 accessory retail use shall be determined based on the parking requirement for the primary use pursuant to CMC Chapter 21.44. SECTION X: That Section 21.34.010(1) (Intent and Purpose, P-M, Planned Industrial Zone) is proposed to be amended as follows: The intent and purpose of this chapter is to accomplish the following: (1) a. For properties located within the boundaries of the coastal zone: Allow the location of business and light industries engaged primarily in research and/or testing, compatible light manufacturing, business and professional offices when in engaged in activities associated with corporate offices or in activities whose primary purpose is not to cater directly to the general public, and certain commercial uses which cater to and are ancillary to the uses allowed in this zone; or b. For properties located outside the boundaries of the coastal zone: Allow the location of business and light industries engaged primarily in research and/or testing, compatible light manufacturing, and business and professional offices; allow certain commercial/retail uses which cater to, support, or are accessory to the uses allowed in this zone; and allow flexibility for other select uses (i.e., athletic clubs/gyms, churches, daycare centers, recreation facilities, etc.) when found to be compatible with the P-M zone through the issuance of a Conditional Use Permit. SECTION XI: That Table A of Section 21.34.020 (P-M, Planned Industrial Zone, Permitted Uses) is amended to add the following uses: Use CUP Breweries with retail accessory use, including tasting rooms, up to 20% of the gross floor area of the building or suite (as applicable) or 2,000 square feet, whichever is less (see Note 3 below) (applicable only to properties located outside of the coastal zone) 3 Hotels and Motels (subject to Section 21.42.140(B)(80)) (applicable only to properties located outside of the coastal zone) 3 Retail, accessory use, showrooms, miscellaneous retail, up to 20% of the gross floor area of the building or suite (as applicable) or 2,000 square feet, whichever is less (see note 3 below) (applicable only to properties located outside of the coastal zone) 1 SECTION XII: That the footnotes of Table A of Section 21.34.020 (P-M, Planned Industrial Zone, Permitted Uses) are replaced with the following footnotes: Note (applicable to properties located outside of the coastal zone): 1. Business and professional offices which are primarily not retail in nature and are compatible with the industrial uses in the vicinity. 51 1 2. Any use meeting the definition of an entertainment establishment, as defined in Section 8.09.020 of the Carisbad Municipal Code (CMC), shall be subject to the 2 requirements of CMC Chapter 8.09. 3. The retail use shall be accessory to the permitted use and wholly contained within the 3 building. All products for retail sale shall be produced, distributed, and/or warehoused on the premises. No outdoor display of merchandise or retail sales shali be permitted 4 unless customarily conducted in the open. Parking for the accessory retail use shall be determined based on the parking requirement for the primary use pursuant to CMC 5 Chapter 21.44. 4. A primary retail use shall cater to or support the industrial and office uses in the P-M 6 zone. 7 Note (applicable to properties located within in the coastal zone): 1. Business and professional offices which are not retail in nature, do not cater to the 8 general public, and do not generate walk-in or drive-in traffic, and are incidental to the industrial uses in the vicinity. 9 2. Any use meeting the definition of an entertainment establishment, as defined in Section 8.09.020 of the Carlsbad Municipal Code (CMC), shall be subject to the 10 requirements of CMC Chapter 8.09. 11 EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; 12 and the city clerk shall certify the adoption of this ordinance and cause the full text of the ordinance 1^ or a summary of the ordinance prepared by the City Attorney to be published at least once in a 14 newspaper of general circulation in the City of Carisbad within fifteen days after its adoption. 1^ (Notwithstanding the preceding, this amendment will automatically sunset when the California 1 ^ Coastal Commission effectively certifies LCPA 09-02). 1'7 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City ^ ^ Council on the 23'"'^ day of July 2013, and thereafter. /// /// /// /// /// /// /// /// /// -5- 53 19 20 21 22 23 24 25 26 27 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 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Coundl of the City of Carlsbad on the 27*^ day of August, 2013, by the following vote to wit: AYES: NOES: Council Members Hall, Packard, Wood, Blackburn and Douglas. None. ABSENT: None. ABSTAIN: None. APPROVED AS TO FORM AND LEGALITY CEUA A. BREWER, City Attorney MATT HALL, Mayor ATTEST: BARBARA ENGLESON, @ty Clerk CERTIFICATION OF POSTING AND PUBLICATION OF ORDINANCE NOS. CS-224 and CS-225 Section 36933 (c) of the Government Code provides that a summary of an Ordinance may be published in lieu of the full text, providing the summary is published and a certified copy of the full text is posted in the Office of the City Clerk at least five days prior to the Council Meeting at which the Ordinance is adopted. Section 36933 (c) also requires that, within 15 days of the adoption of the Ordinance, a summary be published, showing the vote for and against the Ordinance, and a certified copy of the Ordinance be posted in the Office of the City Clerk. Therefore, in accordance with Section 36933 (c) of the Government Code, I do hereby certify as follows: 1.) That the adoption of Ordinance Nos. CS- 224 and CS-225 is to be considered at the City Council Meeting to be held on the 27th day of August, 2013. 2.) That a certified copy of the full text of Ordinance Nos. CS-224 and CS-225 was posted in the City Clerk's Office on the 23rd day of August 2013. 3.) That a summary of the Ordinance was published in the UT/North County Times, on the 23rd day of August 2013. INGER, Seknior leputy Clerk Dated: August 23, 2013 (Seal)