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HomeMy WebLinkAbout2005-08-09; City Council; 18238; Local Shopping Center Zone and RezoningsAB# 18,238 MTG. 08/09/05 DEPT. CLK LOCAL SHOPPING CENTER ZONE AND REZONINGS 149(T)/MP 178(C) ZCA 00-07/ LCPA 00-1YGPA 04-18/ZC 04-13/LCPA 04-16/MP DEPT. HD. e CITY ATTY. CITY MGdyhp RECOMMENDED ACTION: Adopt Ordinance Nos. NS-765, NS-766, NS-767, and NS-768 amending Title 21 by the addition of Chapter 21.31 of the Carlsbad Municipal Code regarding Local Shopping Center Zone and Rezonings. ITEM EXPLANATION: Ordinance Nos. NS-765, NS-766, NS-767, and NS-768 were introduced and first read at the City Council meeting held on August 2, 2005. The second reading allows the City Council to adopt the ordinances, which would then become effective in thirty days. The City Clerk will have the ordinances published within fifteen days, if adopted. FISCAL IMPACT: See Agenda Bill No. 18,230 on file with the City Clerk. EXHIBIT: 1. Ordinance No. NS-765. 2. Ordinance No. NS-766. 3. Ordinance No. NS-767. 4. Ordinance No. NS-768. DEPARTMENT CONTACT: Isabelle Paulsen (760) 434-2809, ipaul@ci.carlsbad.ca.us I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. NS-765 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LOCAL SHOPPING CENTER ZONE) AND, AMENDING CHAPTERS 21.06 (Q QUALIFIED DEVELOPMENT OVERLAY ZONE), 21.83 (CHILD CARE), 21.05 (ZONE ESTABLISHMENT), AND THE SUMMARY OF TITLE 21 OF THE CARLSBAD MUNICIPAL CODE. CASE NAME: LOCAL SHOPPING CENTER ZONE AND CARLSBAD, CALIFORNIA, ADDING NEW CHAPTER 21.31 (C-L REZONINGS CASE NO.: ZCA 00-07 The City Council of the City of Carlsbad, California, does ordain as follows: SECTION 1: That Title 21, Chapter 21.06 (Q Qualified Development Overlay Zone) of the Carlsbad Municipal Code is amended by the amendments to Sections 21.06.01 0, 21.06.020, and 21.06.090 each to read as follows: “21.06.01 0 Intent and purpose. The intent and purpose of the Q qualified development overlay zone is to supplement the underlying zoning by providing additional regulations for development within designated areas to: Require that property development criteria are used to insure compliance with the general plan and any applicable specific plans; Provide that development will be compatible with surrounding developments, both existing and proposed; Insure that development occurs with due regard to environmental factors; Allow a property to be granted a particular zone where some or all of the permitted uses would be appropriate to the area only in certain cases with the addition of specific conditions; Provide for public improvements necessitated by the development; Promote orderly, attractive and harmonious development, and promote the general welfare by preventing the establishment of uses or erection of structures which are not properly related to or which would adversely impact their sites, surroundings, traffic circulation or environmental setting. (7) Provide a process for the review and approval of Site Development Plans as called for by this Chapter or other provisions of this Code.” (1) (2) (3) (4) (5) (6) “21.06.020 Permitted uses and findings. (a) Subject to the provisions of subsection (b), in the Q qualified development overlay zone, any principal use, accessory use, transitional use or conditional use permitted in the underlying zone is permitted subject to the same conditions and restrictions applicable in such underlying zone and to all of the requirements of this chapter. Notwithstanding subsection (a) no use shall be permitted unless the planning commission, or the City Council on appeal, finds: (b) 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 (I) That the requested use is properly related to the site, surroundings and environmental settings, is consistent with the various elements and objectives of the general plan, will not be detrimental to existing uses or to uses specifically permitted in the area in which the proposed use is to be located, and will not adversely impact the site, surroundings or traffic circulation; That the site for the intended use is adequate in size and shape to accommodate the use; That all of the yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested use to existing or permitted future uses in the neighborhood will be provided and maintained; That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use and; For local shopping centers located in the C-L Local Shopping Center Zone, such additional findings as are set out in Chapter 21.31, Section 21.31.040.D for new or major amendments to site development plans approved by the city council.” (2) (3) (4) (5) ‘‘21.06.090 Development standards. Property in the Q zone shall be subject to the development standards required in the underlying zone and any applicable specific plans, except for affordable housing projects as expressly modified by the site development plan. The site development plan for affordable housing projects may allow less restrictive development standards than specified in the underlying zone or elsewhere provided that the project is in conformity with the general plan and adopted policies and goals of the city, it would have no detrimental effect on public health, safety and welfare, and, in the coastal zone, any project processed Subject to this chapter shall be consistent with all certified local coastal program provisions, with the exception of density. In addition, the planning commission or the City Council in approving a site development plan may impose special conditions or requirements which are more restrictive than the development standards in the underlying zone or elsewhere that include provisions for, but are not limited to the following: (1 1 Special setbacks, yards, active or passive open space, required as part of the entitlement process; (2) Special height and bulk of building regulations; (3) Fences and walls; (4) Regulation of signs; (5) Additional landscaping; (6) Special grading restrictions; (7) (8) needed to service the proposed development; (9) completed; (1 0) (I 1) (12) Requiring street dedication and improvements (or posting of bonds); Requiring public improvements either on or off the subject site that are Time period within which the project or any phases of the project shall be Regulation of point of ingress and egress; Architecture, color, texture, materials and adornments Such other conditions as deemed necessary to insure conformity with the general plan and other adopted policies, goals or objectives of the city.” -2- 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 2: That Title 21, Chapter 21.06 (Q Qualified Development Overlay zone) of the Carlsbad Municipal Code is amended by the addition of Section 21.06.170, to read as follows: “21.06.170 Amendments to site development plans. Amendments to a site development plan may be initiated by the property owner or an authorized agent. An application for amendment of an existing site development plan shall be processed, heard, and determined in the same manner as an application for a new site development plan, except as provided in Section 21.31.050 for a site development plan for a local shopping center. When necessary, the amendment shall be accompanied by an amendment to any related permit or map that is affected by the amendment.” SECTION 3. That Title 21 of the Carlsbad Municipal Code is amended by the addition of new Chapter 21.31 , C-L Local Shopping Center Zone, to read as follows: “Chapter 21.31 C-L Local Shopping Center Zone Section: 21.31.010 Intent and purpose 21.31.020 Definition 21.31.030 Permitted uses 21.31 040 Approval process for new local shopping centers 21.31.050 Redeveloping, remodeling, and expanding existing shopping centers 21.31.055 Projects in process 21.31.060 Special requirements to be addressed in a SDP 21.31.070 Limitations on permitted uses in C-L zone 21.31.080 Development standards 21.31.090 Severability. 21.31.010 Intent and purpose The intent and purpose of the C-L Local Shopping Center zone is to: A. B. Implement the Local Shopping Center (L) land use designation of the Carlsbad General Plan; Assure that any site zoned C-L will be developed so as to provide a range of goods and services to meet the daily necessities and convenience of the residents of the neighborhoods in which the site is located. Assure that local shopping centers are developed consistent with adopted specific plans, master plans, and local facilities management plans; Assure that local shopping centers will be compatible with surrounding development and the local neighborhoods in which they are located; Provide opportunities for local shopping centers to supplement their principal function of providing local neighborhoods with daily goods and services through the inclusion of community-serving uses, residential uses, general offices, medical offices, public and semi-public facilities, and entertainment uses when such other uses C. D. E. -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 are found by the city to be desirable and can be integrated into the form and function of the local shopping center; and redeveloped local shopping centers will be reviewed to assure that shopping centers: comply with the intents and purposes stated herein; include superior and creative design and architecture; and conform with the city’s objectives for the community’s environment, health, safety, and welfare. F. Create a permit process through which proposals for new, expanded or 21.31.020 Definition: local shopping center. “Local shopping center” means a group of architecturally unified commercial establishments providing primarily neighborhood-serving goods and services, numbering at least three such establishments, built upon a site that is planned, developed, owned and managed as an operating unit related in its location, size, and type of shops to the trade area that it serves and with on-site parking in definite relationship to the types and total size of the stores. A local shopping center provides daily necessities and convenience goods and services needed by the neighborhood in which it is located. Therefore, it normally will have as major anchor tenants a grocery store and/or drug store or such combination of other establishments that function to provide equivalent goods and services, plus other, secondary tenants. Other uses and tenants may supplement, but not replace the local-serving nature of the center. 21.31.030 Permitted uses. 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. The uses permitted by conditional use permit, as indicated in Table A shall be subject to the provisions of Chapters 21.42 (Conditional Uses) and 21.50 (Variances - Conditional Use Permits). 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. 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. A. B. C. D. USES PERMllTED 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. -4- 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Signs (Subject to Chapter 21.41 of this Title) Temporary buildingltrailer (construction) (Subject to Section 21.53.110) Theaters (motion picture or live) - indoor Theaters, stages, amphitheaters - outdoors Veterinary clinichnimal hospital (small animals) (defined: Sec. 2 1.04.378) Wireless communications facilities and antennas (defined: Sec. 21.04.379) X X X X X X -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Notes: 1. 2. 3. Accessory buildings and structures and ancillary uses shall be developed and operated as an integral part of a permitted use within or on the same structure or parcel of land. Offices: The total floor area of office uses shall not exceed 40% of the gross leasable floor area within any local shopping center. Public/quasi-public accessory utility buildingdfacilities include, but are not limited to, water wells, water storage, pump stations, booster stations, transmissioddistribution electrical substations, operating centers, gas meteringlregulating stations, or neighboring telephone exchanges, with the necessary accessory equipment incidental thereto. A CUP shall not be required for those utility buildings/facilities that are built, operated, or maintained by a public utility to the extent that they are regulated by the California Public Utilities Commission. 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 21.3 1.020, and the function of the Local Shopping Center land use class as described in the Carlsbad General Plan. Educational facilities/schools. No individual school shall occupy more than 10,000 sq. ft. of gross leasable floor area within any local shopping center. 4. 5. 21.31.040 Approval process for new local shopping centers A. A site development plan shall be required for the development of a new local shopping center. The site development plan shall be processed subject to Chapter 21.06 (Q Qualified Development Overlay Zone) of this title, as modified by this Section. Role of Planning Commission. The Planning Commission is authorized to review at a noticed, public hearing, subject to Chapter 21.54, a proposed site development plan and any other permits or entitlements being processed concurrently therewith, and to make a recommendation to the City Council to approve, conditionally approve, or deny the site development plan or plan amendment, and any concurrently-processed permits or entitlements. The recommendations of the Planning Commission shall be forwarded to the City Council forthwith. B. C. Decision maker. The City Council shall be the decision-maker for a site development plan required by this chapter. The City Council shall also be the decision-maker for all other permits and entitlements associated with a local shopping center, when such permits and entitlements are processed concurrently with the site development plan. Once a site development plan has been approved by the City Council, however, any subsequent permits or entitlements shall be processed and approved as elsewhere established by this Title. The City Council, following a public hearing, noticed subject to Chapter 21 54, shall approve, conditionally approve, or deny the requested approvals. The decision of the City Council shall be final. D. Mandatory findings of fact. In addition to the findings set out in Section 21.06.020(b) (Q Qualified Development Overlay Zone - findings), no site development plan for a local shopping center shall be approved unless the City Council finds that the site, either by itself or in combination with another, adjoining center, will provide the normal range of goods and services to meet the everyday needs of the local neighborhood, in keeping with the intent and purpose of both this zone and the local shopping center general plan designation. For the purpose of this section, “adjoining center” means that the second shopping center either abuts the subject center or is located on property immediately across a common street. 21.31.050 Redeveloping, remodeling, and expanding existing shopping centers A. A proposal to redevelop, remodel or expand an existing local shopping center shall be processed through a site development plan. Where a site development plan does not exist for an existing center, a site development plan shall first be obtained pursuant to Section 21.31.040. Where a site development plan exists, the proposal shall be processed through an amendment to the site development plan as provided by this section. Major amendment. Any proposal for a major remodeling or redevelopment of an existing shopping center shall first obtain a major amendment to the site development plan, B. -6- 7 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 which amendment shall be processed according to Section 21.31.040 with the City Council as the decision maker. Any change of a site that constitutes a major remodeling or redevelopment will typically result in removal and/or replacement of 50% or more of the existing building floor area of the center or a combination of changes to floor area, landscaping, parking, facades, or other site features that constitutes a major reconfiguration or redesign of the site. Where this threshold is unclear, the Planning Director shall determine whether the proposal will require a major amendment to the site development plan. Minor amendment. Any proposal for remodeling, redeveloping, or expanding an existing local shopping center, which does not require a major amendment as established by paragraph 6, and which is not excepted by paragraph D shall first obtain a minor amendment to the site development plan. A minor site development plan amendment shall be heard and approved by the Planning Commission pursuant to the process and findings contained in Chapter 21.06 (a. Qualified Development Overlay Zone). C. D. Exceptions. The following are excepted from the need to obtain an amendment to an existing site development plan or for a new site development plan for an existing center that does not have one: 1. Tenant improvements. 2. 3. Any one addition of new floor area with a cumulative total of less than Any non-floor-area changes to the site design that collectively result in 1,000 square feet. less than a ten percent change to the site, as determined by the Planning Director. 21.31.055 Projects in process. Any application for a site development plan or an amendment to a site development plan, which application was deemed complete prior to the effective date of the ordinance that created this chapter, shall not be subject to the provisions of this chapter, but shall be processed and approved or disapproved pursuant to the ordinance superseded by the ordinance codified in this chapter. 21.31.060. A site development plan for a local shopping center shall show how each of the following, if applicable, will be developed. Special requirements to be addressed in the site development plan. A. Employee eating and outdoor eating areas. 1. Required eating areas for employees (subject to Section 21.31.080(L)); 2. Food courts or outdoor seating areas, operated in common with or 3 Restaurants with eating areas located outdoors or within common areas Areas for temporary outdoor display and sales of seasonal items (pumpkins, Areas designated for outdoor cooking or barbequing, if any; Kiosks and vending carts, if any; available to the patrons of more than one restaurant, if any; otherwise designated for pedestrian or other traffic, if any; Christmas trees, etc.) 6. C. D. E Signs; F. Recycling facilities; G. H. Bicycle parking; I. J. Special events area or public gathering area, if any; Shopping cart collection and storage areas; and Access points to the site for pedestrians and internal pedestrian circulation. 21.31.070. Limitations on permitted uses in C-L zone. Every use permitted shall be subject to the following conditions and limitations: -7- 8 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. Conduct uses in buildings. All uses shall be conducted wholly within a building, except such uses as gasoline stations, nurseries for sale of plants and flowers, uses set out in Section 21.31.060, and other enterprises customarily conducted in the open or otherwise as identified and permitted in a site development plan. The Planning Director 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 five persons may be employed in the manufacturing of products permitted herein; Accessory storage of commodities to be sold at retail on the premises; C. Storage shall be limited to: 1. 2. Materials to be recycled. and 21.31.080 Development standards. Exercise of site development plan. The City Council in approving or amending, or the Planning Commission in amending, a site development plan may impose special conditions or requirements that include provisions for, but are not limited to the following: A. 1. Intensity of use; 2. 3. Parking standards; 4. Yards; 5. 6. Fences and walls; 7. Signs; 8. Landscaping; 9. Grading, slopes, and drainage; IO. 11. 12. 13. Compatibility with surrounding properties and land uses; Height and bulk of buildings; Time period within which the project or any phases of the projects shall be completed; Points of ingress or egress, including points used by pedestrians and b i cycl is t s ; Architecture, including colors, textures, materials, and adornments; Such other conditions as are deemed necessary to ensure conformity with the general plan and other adopted policies, goals or objectives of the city, including the purpose and intents of this Chapter. B. Property size. No site shall be included in the local shopping center zone unless all constituent properties are contiguous, planned as an integrated whole, and aggregate to a minimum of four (4.0) net acres, if already developed with retail uses, or seven (7.0) gross acres, if undeveloped or developed with uses other than retail. No building in the C-L zone shall exceed a height of thirty-five (35) feet or three levels and allowed height protrusions as described in Section 21.46.020 shall not exceed forty-five (45) feet. Additional building height may be permitted to a maximum of forty- five (45) feet through the site development plan approved by the City Council, provided that: The building does not contain more than three levels; and All required yards shall be increased at a ratio of one (1) horizontal foot for every one (1) foot of vertical construction beyond thirty-five (35) feet. The additional yard area will be maintained as landscaped open space; and The building conforms to the requirements of Section 18.04.170 of this code; and C. Building height. 1. a. b. c. -8- 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 SITE PROPERTY LINE IS ADJACENT TO Primary Arterial Road Secondary Arterial Road d. As described in Section 21.46.020, architectural features such as flagpoles, steeples, or architectural towers, may be permitted up to fifty-five (55) feet if the City Council makes the specific findings that the protruding architectural features: i. ii. iii. Do not function to provide usable floor area; and Do not adversely impact adjacent properties; and Are necessary to ensure a building’s design excellence. D. Yards. center unless otherwise established through a prior site development plan approval: 1. The following yards shall apply to the periphery of a local shopping YARD DEPTH 20 feet 15 feet Non-Arterial Road Not On A Street Frontage 10 feet 10 feet 2. Protrusions into yards. The following intrusions only may be permitted a. Pedestrian walkways, b. Landscaping, C. Fences or walls, d. e. f. g. within required yards: Approved areas of ingress and egress, Directional signs and approved monument signs, Public recreational facilities or outdoor eating areas as authorized Architectural projections such as eaves, trellises, sun shades, in the site development plan, columns, and buttresses may extend up to three feet into any yard. E. F. Walls and Fences. Landscaping. Landscaping shall be provided pursuant to the City of Carlsbad A solid masonry wall, six feet in height, shall be constructed along Landscape Manual and Chapter 21.44 (Parking). 1. the common lot line with any residentially zoned property, except that the wall shall be 42 inches in height along that part of the common lot line that bounds the front yard of the residential property. except that no wall or fence shall be erected in excess of forty-two inches in height within a yard adjacent to streets. Chain link, barbed wire, razor ribbon or other similar fences are specifically not permitted. G. Lighting. Exterior lighting is required for all employee and visitor parking areas, walkways, H. Roof Appurtenances. 2. Other walls and fences up to a height of six feet are permitted and building entrances and exits. Light sources shall be designed to avoid direct or indirect glare to any off-site properties or public rights-of-way. All roof appurtenances, including air conditioners, shall be architecturally integrated and shielded from view and the sound buffered from adjacent properties and streets, to the satisfaction of the Planning Director. I. Trash enclosures. Trash receptacle areas shall be enclosed by a six-foot-high masonry wall with gates subject to city standards. J. Loading areas and docks -9- lQ 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 All loading areas shall be oriented and/or screened so as to be unobtrusive from the adjacent streets or properties. Appropriate mitigating measures shall be incorporated to assure that noise from a loading area or dock does not exceed 65 dB CNEL at the shopping center’s property line. K. Parking requirements. Parking shall be provided subject to the provisions of Chapter 21.44 of this Title. L. Employee eating areas. Outdoor eating facilities for employees of the center shall be provided, as follows, except as noted below: 1. A minimum of 300 square feet of outdoor eating facilities shall be provided for each 50,000 square feet of floor area, or portion thereof. Credit towards the required amount of floor area will be given for centers in which two or more restaurants share a common, public eating area in a food court or for other public eating area available to all patrons, comprising at least 600 square feet. 2. shopping center. 3. furniture, i.e., metal, wood, or concrete picnic tables, bencheskhairs and trash receptacles. shall be approved as part of the required site development plan, or if no site development plan is required, a plan of the eating area shall be provided to and approved by the Planning Director; Signage for sites in the C-L zone that are subject to a site development plan shall be implemented according to a sign program, as established by Section 21.41.060 (Sign Ordinance) of this Title. Signs for sites not subject to a site development plan shall be subject to all other provisions of Chapter 21.41 (Sign Ordinance). Where state law requires a recycling area for beverage containers to be located within the center, said recycling area shall be subject to the provisions of Chapter 21 .I 05 of this Title. The location of all recycling areas shall be set out in the site development plan and the parameters of operation shall be called out. The area shall be easily accessible to the employees of the local The area shall be landscaped and provided with attractive outdoor 4. The site size, location, landscaping and furniture required above M. Signs. N. Recycling areas. 21.31.090 Severability If any section, subsection, sentence, clause phrase or part of this chapter is for any reason found by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this chapter, which shall be in full force and effect. The City Council hereby declares that it would have adopted this chapter with each section, subsection, sentence, clause, phrase or part thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or parts be declared invalid or unconstitutional.” SECTION 4: That Title 21, Chapter 21.83 (Child Care) of the Carlsbad Municipal Code is amended by the amendment to Section 21.83.040 to read as follows: “21.83.040 Use chart. -10- 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 Zoning RA, RE, EA R- 1 R-2 Zones in which small and large family day care homes and child day care centers are shown on the following use chart. Permitted, administrative, conditional, and prohibited are authorized as follows: Small Family Day Care Large Family Day Care Home Child Day Care Home (8 or fewer children) (14 or fewer children) Center P P(1) X P P(1) X P P(11 X "P Indicates that the use is permitted in the zone. "A" Indicates that the use is permitted subject to approval of an administrative permit. "C" Indicates that the use is permitted subject to approval of a conditional use permit. "X Indicates that the use is prohibited in the zone. R-3, RD-M, RP RT, RW, RMHP 0 HO c-I, c-2, CL P P(1) A(2) P P(1) X X X A(2) X X P(3) X X P(3) M, PU, OS, LC, TC, CT VR, PC I PM.CM I X I X IC I X X X (4) (4 ) (4) 1. Permitted only when the large family day care home is located on a lot occupied by a detached, single-family dwelling on a lot of 7,500 square feet or more by ministerial approval without a public hearing and subject to the provisions of Section 21.83.050 of this chapter. 2. Permitted subject to the provisions of Sections 21.83.070 and 21.83.080 of this chapter. 3. Permitted subject to the provisions of Section 21.83.080 of this chapter and the requirements of any controlling document (e.g., site development plan). 4. Permitted subject to the standards of the controlling document (village redevelopment master plan and design guidelines or designated master plan) and the provisions of Section 21.83.080 of this chapter." SECTION 5: That Title 21, Chapter 21.05 (ZONE ESTABLISHMENT - BOUNDRIES), of the Carlsbad Municipal Code is amended by the amendment of Section 21.05.010, to read as follows: "21.05.01 0 Names of zones. In order to classify, regulate, restrict and segregate the uses of land and buildings, to regulate and restrict the height and bulk of buildings, to regulate the area of yards and other open spaces about buildings, and to regulate the density of population, thirty-six classes of zones and overlay zones are established by this title to be known as follows: C-1 -Neighborhood Commercial Zone C-2-General Commercial Zone -1 1- 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 C-F-Community Facilities Zone C-L-Local Shopping Center Zone C-M-Heavy Commercial-Limited Industrial Zone C-T-Commercial Tourist Zone E-A-Exclusive Agricultural Zone L-C-Limited Control Zone M-Industrial Zone 0-Office Zone 0--pen Space Zone P-C-Planned Community Zone P-M-Planned Industrial Zone P-U-Public Utility Zone R-1 -One-family Residential Zone R-2-Two-family Residential Zone R-3-Multiple-family Residential Zone R-A-Residential Agricultural Zone R-E-Residential Estate Zone R-P-Residential-Professional Zone R-T-Residential Tourist Zone R-W-Residential Waterway Zone RD-M-Residential Density-Multiple Zone RMHP-Residential Mobile Home Park T-C-Transportation Corridor Zone VR-Village Redevelopment Zone BAO-Beach Area Overlay Zone Coastal Agriculture Overlay Zone Coastal Resource Protection Overlay Zone Coastal Shoreline Development Overlay Zone Coastal Resource Overlay Zone Mello I LCP Segment CN-SO-CommercialNisitor-Serving Overlay Zone F-P-Floodplain Overlay Zone H-0-Hospital Overlay Zone Q-Q ua I if ied Develop men t Overlay Zone S- P-Scen ic Preservation Overlay Zone” SECTION 6: That Title 21, Summary of Zones, is amended by the addition of Chapter 21.31, as follows: “Title 21 ZONING Chapters: 21.02 Purpose 21.04 Definitions 21.05 Zone Establishment - Boundaries 21.06 21.07 E-A Exclusive Agricultural Zone 21.08 R-A Residential Agricultural Zone Q Qualified Development Overlay Zone -12- 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 21.09 21.10 21.12 21.16 21.18 21.20 21.21 21.22. 21.24 21.25 21.26 21.27 21.28 21.29 21.30 21.31 21.32 21.33. 21.34 21.35 21.36 21.37 21.38 21.39 21.40 21.41 21.42 21.43 21.44 21.45 21.46 21.49 21.50 21.51 21.52 21.53 21.54 21.55 21.56 21.58 21.60 21.61 21.62 21.70 21.80 21.81 21.82 21.83 21.84 21.85 21.86 21.90 21.95 R-E Rural Residential Estate Zone R-1 One-Family Residential Zone R-2 Two-Family Residential Zone R-3 Multiple-Family Residential Zone R-P Residential Professional Zone R-T Residential Tourist Zone H-0 Hospital Overlay Zone R-W Residential Waterway Zone RD-M Residential Density - Multiple Zone C-F Community Facilities Zone C-1 Neighborhood Commercial Zone 0 Office Zone C-2 General Commercial Zone C-T Commercial Tourist Zone C-M Heavy Commercial - Limited Industrial Zone C-L Local Shopping Center Zone M Industrial Zone 0-S Open Space Zone P-M Planned Industrial Zone V-R Village Redevelopment Zone P-U Public Utility Zone RMHP Residential Mobile Home Park Zone P-C Planned Community Zone L-C Limited Control Zone S-P Scenic Preservation Overlay Zone Sign Ordinance Conditional Uses’ Adult Entertainment Parking Planned Developments Yards Nonresidential Planned Development Variances - Conditional Use Permits Administrative Variances Amendments Uses Generally Procedures, Hearings, Notices and Fees Dedications of Land and Fee for School Facilities Interpretation Revocation - Expiration Permits - License Enforcement Judicial Review of Zoning Decisions and Time Limitation Violations Development Agreements Coastal Development Permits Coastal Development Permits - Village Redevelopment Area Beach Area Overlay (BOA) Zone Child Care Housing For Senior Citizens lnclusionary Housing Residential Density Bonus or In-Lieu Incentives Growth Management Hillside Development Regulations -13- 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 21.100 21 .I05 21.110 21.201 21.202 21.203 21.204 21.205 21.208 T-C Transportation Corridor Recycling Facilities and Recycling Areas Floodplain Management Regulations Coastal Development Permit Procedures Coastal Agriculture Overlay Zone Coastal Resource Protection Overlay Zone Coastal Shoreline Development Overlay Zone Coastal Resources Overlay Zone Mello I LCP Segment CommercialNisitor Overlay Zone” EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in a publication of general circulation in the City of Carlsbad within fifteen days after its adoption. (Not withstanding the preceding, this ordinance 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 2nd day of AUGUST 2005, and thereafter. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the 9th day of AUGUST 2005, by the following vote, to wit: AYES: NOES: None ABSENT: None APPROVED AS TO FORM: Council Members Lewis, Hall, Kulchin, Packard, Sigafoose n /7 RONKLD R. BALL, City Attorney g.40. or. ATTEST: -14- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. NS-766 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA CHANGING THE ZONING ON 39 SHOPPING CENTER) ON 7 SITES LOCATED IN VARIOUS LOCATIONS THROUGHOUT THE CITY IN VARIOUS LOCAL FACILITIES MANAGEMENT ZONES CASENAME: LOCAL SHOPPING CENTER ZONE AND PROPERTIES FROM VARIOUS ZONES TO “C-L” (LOCAL REZON I NGS CASE NO.: ZC 04-13 The City Council of the City of Carlsbad, California, does ordain as follows: SECTION 1: That the Zoning Map established in Title 21 (Zoning Ordinance), Chapter 21.05 (Zone Establishment) is amended by changing the zoning assigned to properties at sites 1-7 as indicated on “Exhibit Y and located as shown on Exhibits “1 of 10 through and including “7 of 1 0”, attached hereto. 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 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Council Members Lewis, Hall, Kulchin, Packard, Sigafoose Council on the 2nd day of AUGUST 2005, and thereafter. Carlsbad on the 9th day of AUGUST 2005, by the following vote, to wit: AYES: NOES: None ABSENT: None APPROVED AS TO FORM AND LEGALITY ATTEST: LORRAINE M. WOO& City Clerk (SEAL) Exhibit "Y" Dated June 15,2005 ~~ LCP To - - - Site No. - 1 - 2 - 3 -a 3 -a Gen'l Plan From L L L L L L 3 3 3 - 4 - 5 - 6 c-L c-L c-L c-L c-L c-L c-L c-L c-L c-L c-L c-L c-L c-L c-L c-L c-L c-L c-L c-L c-L c-L c-L c-L c-L c-L c-L c-L c-L c-L c-L c-L - - - - - - - - - - . 7 - ZC 04-13; GPA 04-18; LCPA 04-16; MP 149(T); MP 178(C) TABLE OF AFFECTED PROPERTIES Property/Shopping Center Name Jarlsbad Plaza North :arkbad Plaza North Jarlsbad Plaza North :arkbad Plaza North :arkbad Plaza North hlsbad Plaza North :arlsbad Plaza South :arkbad Plaza South 'laza Paseo Real (Vons) 'laza Paseo Real (Vons) 'laza Paseo Real (Vons) 'laza Paseo Real (Vons) ---_----_-__-_---__-_____________ 'laza Paseo Real (Vons) ,a Costa Plaza (Albertsons) .a Costa Plaza (Albertsons) .a Costa Plaza (Albertsons) .a Costa Plaza (Albertsons) .a Costa Plaza (Albertsons) .a Costa Plaza (Albertsons) .a Costa Plaza (Albertsons) .a Costa Plaza (Albertsons) 'ointsettia Village (Ralph) 'ointsettia Village (Ralph) 'ointsettia Village (Ralphs) 'ointsettia Village (Ralphs) 'ointsettia Village (Ralphs) 'ointsettia Village (Ralphs) 'ointsettia Village (Ralphs) 'ointsettia Village (Ralphs) 'ointsettia Village (Ralphs) 'ointsettia Village (Ralphs) 'ointsettia Village (Ralphs) 'ointsettia Village (Ralphs) 'ointsettia Village (Ralphs) Jn-named center (Vons) Jn-named center (Vons) Jn-named center (Vons) Jn-named center (Vons) lunny Creek commercial ~~ APN 167-030-29 167-030-32 167-030-48 167-030-50 167-030-74 167-030-75 167-030-76 167-030-77 215-050-69 2 15-050-70 2 15-050-72 2 15-050-75 2 15-050-76 2 16-5 80-0 1 2 16-580-02 216-580-03 216-580-04 2 16-580-05 216-580-06 2 16-580-07 2 16-580-08 2 14-430-14 214-430-15 2 14-430-16 214-430-17 214-430-18 2 14-430-1 9 2 14-43 0-20 2 14-43 0-2 1 214-430-22 214-430-23 2 14-43 0-24 2 14-430-25 214430-26 206-050- 16 206-050- 17 206-050-18 206-050-20 209-090-1 1 __--_-_----__. C C C C C - - - - - - - - TS/C TS/C TS/C TS/C TS/C TS/C TS/C TS/C TS/C TS/C TS/C TS/C TS/C N N N N L -I -I L RM L LI RM L LI L L - L L L L L L L L L L L L L L L L L L L L L L L L L L L T-WL T-FUL ,T-FUL T-FUL T-FUL TWL T-FUL T-RL T-FUL T-W T-FUL T-FUL T-FUL L L L L -I L Gen'l Plan To no chg no chg no chg no chg no chg no chg no chg no chg L L no chg no chg no chg no chg no chg no chg no chg no chg no chg no chg no chg L L L L L L L L L L L L L L L L L _--__-__________-_- no chg Zone From c-2 c- 1 c-2 c-2 c-2 c-2 C-2-Q/ R-P-Q C-2-Q R-P-Q R-P-Q RDM-Q R-P-Q/ C-2-Q C-2-Q C-1-Q C-1-Q C-1-Q C- 1 -Q C- 1 -Q C- 1 -Q C- 1 -Q C-1-Q C-2-Q C-2-Q C-2-Q C-2-Q C-2-Q C-2-Q C-2-Q C-2-Q C-2-Q C-2-Q C-2-Q C-2-Q C-2-Q c-1 c- 1 c-1 c- 1 - - - - - - - - -. c-2 Page 1 of2 Exhibit “Y” Dated June 15,2005 Site Property/Shopping Center LCP LCP Gen!lPlan Gen’lPlan Zone No. Name From To From To From Zone To LCP Land Use Classifications General Plan Classifications Zoning Classifications C = General Commercial TS = Travel Services N = Neighborhood Commercial L = Local Shopping Center L = Local Shopping Center R-M = Residential Medium Density T-R = Travel Recreation C-2 = General Commercial C-1 = Neighborhood Commercial R-P-Q = Res/ Professional R-D-M = Res Density Medium P-C = Planned Community Q (suffix) = Qualified Development Overlay Los Coches Village (Henry’s) 255-031-20 (MP 149) 149) (approx.) L 8 La Costa Town Square (MP 223-060-32 - L ancho La Costa (MP 149) 223-060-28 - L Rancho La Costa (MP 149) 223-060-29 - L (SavOn) (SavOn) Bressi Ranch (PA 15 partial) 2 1 3- 190- 0 1 - - L Bressi Ranch (PA 15 partial) 213-190- 02 - L 11 Bressi Ranch (PA 15 partial) 213-190- 03 - - L Bressi Ranch (PA 15 partial) 213-191- 01 - - L Bressi Ranch (PA 15 partial) 213-191- 02 - - L 10 - For sites 8-1 1 the “zone change” is effected through amendments to the respective Planned Community master plans, which plans use tailored zoning that is based upon and references underlying, standard zones. The reference to the underlying zone is being changed within the master plans. no chg PC nochg no chg PC nochg no chg PC nochg no chg PC nochg no chg PC nochg no chg PC nochg no chg PC nochg no chg PC nochg no chg PC nochg . Page 2 of2 SITE Exhibit 1 of 10 June 15,2005 LOCAL SHOPPING CENTER REZONINGS ZC 04-13 Exhibit 2 of 10 June 15,2005 SlTE LOCAL SHOPPING CENTER REZONINGS ZC 04-1 3/LCPA 04-1 6 Exhibit 3 of 10 June 15,2005 / SITE LOCAL SHOPPING CENTER REZONINGS GPA 04-18 Exhibit 4 of 10 June 15,2005 SITE % LOCAL SHOPPING CENTER REZON INGS ZC 04-13 Exhibit 5 of 10 June 15,2005 LOCAL SHOPPING CENTER REZONINGS GPA 04-1 8/ZC 04-1 3/LCPA 04-1 6 Exhibit 6 of 10 June 15,2005 SITE LOCAL SHOPPING CENTER REZONINGS ZC 04-1 3/LCPA 04-1 6 Exhibit 7 of 10 June 15,2005 RANCHO CARLSBAD GOLF COURSE SITE LOCAL SHOPPING CENTER REZON I NGS ZC 04-13 Exhibit 8 of 10 June 15,2005 LA COSTA MP COMMERCIAL REZON I NG MP 149(T) Exhibit 9 of 10 June 15,2005 /ITE LA COSTA MP COMMERCIAL REZONING MP 149(T) Exhibit 10 of 10 June 15,2005 SITE ~ BRESSI RANCH COMMERCIAL REZONE MP 178(C) a9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. NS-767 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING THE LA COSTA MASTER PLAN, MP 149, TO REPLACE REFERENCES IN THE (NEIGHBORHOOD COMMERCIAL) and “C-2” (GENERAL CENTER) ZONE AND AMEND RELATED TEXT TO REFERENCE THE SITE DEVELOPMENT PLAN APPROVAL CASENAME: LOCAL SHOPPING CENTER ZONE AND CASE NO.: MP 149(T) The City Council of the City of Carlsbad, California, does ordain as follows: WHEREAS, the City Council of the City of Carlsbad, has reviewed and considered a master plan amendment to the La Costa Master Plan (MP 149(T)) to change text and charts by replacing the underlying “C-I ” (Neighborhood Commercial) and “C-2” (General Commercial” zones with the new ‘IC-L” (Local Shopping Center) zone and amending related text to reference the site development plan approval process associated with the “C-L” zone; and TEXT AND TABLES TO THE UNDERLYING “C-I” COMMERCIAL) ZONE WITH THE “C-L” (LOCAL SHOPPING PROCESS ASSOCIATED WITH THE “C-L” ZONE REZON I NGS WHEREAS, the City Council did on the 2nd day of AUGUST 2005, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, said application constitutes a request for a master plan amendment consistent with Chapter 21.38 of the Carlsbad Municipal Code as shown on Exhibit “MP 149(T)”, incorporated by reference; NOW, THERERFORE, the City Council of the City of Carlsbad, California, does ordain, as follows: SECTION 1: That Master Plan Amendment MP 149(T) changes text and charts by replacing the underlying “C-I” (Neighborhood Commercial) and ‘IC-2” (General Commercial”) zones with the new “C-L” (Local Shopping Center) zone and amends related text to reference the site development plan approval process associated with the “C-L” zone. SECTION 2: That the findings and conditions of the Planning Commission in Planning Commission Resolution No. 5922 shall also constitute the findings and conditions of the City Council. 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 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. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 2nd day of AUGUST 2005, and thereafter. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the 9th day of AUGUST 2005, by the following vote, to wit: AYES: NOES: None ABSENT: None Council Members Lewis, Hall, Kulchin, Packard, Sigafoose APPROVED AS TO FORM: n RONxD R. BALL, City Att rne .- &*tJ.or ;? ATTEST: -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. NS768 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING THE BRESSI RANCH MASTER PLAN, MP 178, TO REPLACE REFERENCES IN THE TEXT AND TABLES TO THE UNDERLYING “C-2” (GENERAL COMMERCIAL) ZONE WITH THE ‘IC-L” (LOCAL SHOPPING CENTER) ZONE AND AMENDING RELATED TEXT TO REFERENCE THE SITE DEVELOPMENT PLAN APPROVAL DEVELOPMENT STANDARDS WOULD APPLY IN PLANNING AREA 15. CASENAME: LOCAL SHOPPING CENTER ZONE AND CASE NO.: MP 178(C) The City Council of the City of Carlsbad, California, does ordain as follows: WHEREAS, the City Council of the City of Carlsbad, has reviewed and considered a master plan amendment to the Bressi Ranch Master Plan (MP 178(C)) to change text and charts by replacing the underlying “C-2” (General Commercial) zone with the new “C-L” (Local Shopping Center) zone and amending related text to reference the site development plan approval process associated with the “C-L” zone and clarify how the development standards of the C-L zone would apply to Planning Area 15; and PROCESS OF THE C-L ZONE AND CLARIFYING HOW C-L REZONINGS WHEREAS, the City Council did on the 2nd day of AUGUST , 2005, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, said application constitutes a request for a master plan amendment consistent with Chapter 21.38 of the Carlsbad Municipal Code as shown on Exhibit “MP 178(C)”, incorporated by reference. NOW, THERERFORE, the City Council of the City of Carlsbad, California, does ordain, as follows: SECTION 1: That Master Plan Amendment MP 178(C) changes text and charts by replacing the underlying “C-2” (General Commercial”) zone with the new “C-L” (Local Shopping Center) zone and amending related text to reference the site development plan approval process associated with the “C-L” zone and clarify how the development standards of the C-L zone would apply to Planning Area 15. 3a 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 2: That the findings and conditions of the Planning Commission in Planning Commission Resolution No. 5923 shall also constitute the findings and conditions 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. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 2nd day of AUGUST 2005, and thereafter. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the 9th day of AUGUST 2005, by the following vote, to wit: AYES: NOES: None ABSENT: None Council Members Lewis, Hall, Kulchin, Packard, Sigafoose APPROVED AS TO FORM: n ATTEST: