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HomeMy WebLinkAbout2006-02-14; City Council; 18447; CUP Code Revisions and Adopt Minor CUP Application FeeCITY OF CARLSBAD -AGENDA BILL ,/JOJ* AB# 18,447 MTG. 2/14/06 DEPT. PLN TITLE: CUP CODE REVISIONS AND ADOPTION OF A MINOR CONDITIONAL USE PERMIT APPLICATION FEE ZCA04-09/LCPA04-15 DEPT. HD. '/£'&' & CITY ATT/. f^4^ CITY MGR^-Rj^ RECOMMENDED ACTION: o ^ LOo~-~ 01 o 0) > ro t3 O QJ I T3 ^O C O0> O g CNCOT3en Cm nj cy> or- I I ^O I/O Oa oC-l o •K COo QJ 3O C Ccfl O 3 -H O Ow-d o> Ol (^o O 4J 4-1 O M ^ •H -H O OC C3 3 O O U U ooeg Z OI-o o oo NS-791That the Council INTRODUCE Ordinance No. Amendment ZCA 04-09, and ADOPT Resolution No. 2006-036 APPROVING. Zone Code APPROVING the Negative Declaration and Local Coastal Program Amendment LCPA 04-15, based upon the findings contained therein, and ADOPT Resolution No. 2006-037 APPROVING a new Minor Conditional Use Permit application fee. ITEM EXPLANATION: i«rfo0)"s"Q. NEGATIVE DECLARATION ZCA 04-09 LCPA 04-1 5 Planning Commission RA RA RA City Council X X X Coastal Commission • RA = Recommended adoption/approval X = Final City decision-making authority • = Requires Coastal Commission approval On January 4, 2006, the Planning Commission conducted a public hearing and recommended approval (7-0) of a Negative Declaration, Zone Code Amendment, and Local Coastal Program Amendment to comprehensively overhaul the Zoning Ordinance regarding City procedures and regulations governing uses allowed upon the approval of a Conditional Use Permit (CUP). The proposed amendment includes the following major components: 1. Reformatting the Zoning Ordinance (Title 21) to place all conditional uses and the designated approval authority in "Permitted Use" tables in the individual land use zones rather than in the CUP Chapter (21.42) of the code; 2. Establishing a Minor CUP process whereby specific less-controversial conditional uses may be approved administratively by the Planning Director rather than at a public hearing before the Planning Commission; 3. Elevating the approval authority from the Planning Commission to the City Council for specific unique and/or potentially controversial conditional uses; 4. No longer allowing some previously allowed conditional uses in specific zones because they are not considered compatible uses based upon accepted planning principles; 5. Modifying some commercial and industrial land use zones to allow "by right" specific commercial and industrial uses respectively that previously required the approval of a CUP because they are considered similar to and compatible with other permitted uses in each zone; and 6. Revising the City's existing practices to no longer require the approval of CUP's with time specific expiration dates nor require CUP extensions (except at the discretion of the City). PAGE 2 The attached staff report to the Planning Commission, dated January 4, 2006, lists additional components of this amendment. This proposed Zone Code Amendment would streamline the City's Conditional Use Permit review process and was prompted by direct feedback from the development community and city staff to a City initiated Development Review Process Survey conducted by City staff in December, 2003 and January, 2004. One letter of comment was submitted on this proposed zone code amendment recommending revisions to the proposed ordinance. The comment letter is included in the attachments. The commenter requested that in the C-L (Local Shopping Center) zone coin-operated arcades, indoor and outdoor theaters and wireless communication facilities require a CUP approved by the Planning Commission. Staff had recommended that those uses be approved pursuant to a Minor CUP with administrative approval by the Planning Director. The Planning Commission modified the proposed ordinance to require Planning Commission approval of indoor and outdoor theaters and did not make the other requested revisions. No public testimony was provided at the Planning Commission hearing. The Planning Commission made other revisions based upon commission discussion. The modifications made by the commission are listed in the Planning Commission Minutes and have been incorporated into the ordinance. The proposed Zone Code Amendment is consistent with the applicable portions of the City's General Plan and Local Coastal Program, therefore staff and the Planning Commission are recommending approval of the Negative Declaration, ZCA 04-09, and LCPA 04-15. ENVIRONMENTAL: The proposed ordinance amendment project was reviewed for any potential adverse impacts to the environment pursuant to the California Environmental Quality Act (CEQA). No construction or development is involved with this proposed ordinance amendment and, based upon analysis, no significant adverse environmental impacts would occur. Therefore, the Assistant Planning Director issued a Notice of Intent to Adopt a Negative Declaration on May 22, 2005. No comments were received during the 30-day review period. FISCAL IMPACT: There will be staff costs to the City associated with processing Minor CUP's. Since the Minor CUP review process as proposed will duplicate the City's existing Administrative Variance (AV) review process, staff is recommending that the new Minor CUP application fee be equal to the existing AV application fee ($630.00). This new $630.00 fee will cover the staff costs for processing Minor CUPs. EXHIBITS: 1. City Council Ordinance No. NS-791 2. City Council Resolution No. 2006-036 3. City Council Resolution No. 2006-037 4. Planning Commission Resolutions No. 5958, 5959, and 5960 5. Planning Commission Staff Report, dated January 4, 2006 6. Excerpts of Planning Commission Minutes, dated January 4, 2006 7. Letter from Joy Lane to the Planning Commission, dated January 4, 2006. DEPARTMENT CONTACTS: Don Neu, (760) 602-4601, dneu@ci.carlsbad.ca.us Chris DeCerbo, (760) 602-4611, cdece@ci.carlsbad.ca.us 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-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 as follows: TITLE 21 MINOR CONDITIONAL USE PERMITS AND CONDITIONAL USE PERMITS CHAPTER 21.42 21.42.010 Purpose 21.42.020 Authority. 21.42.030 Findings of fact. 21.42.040 Conditions which may be added prior to granting permit. 21.42.050 Application and fees. 21.42.060 Notices and hearings. 21.42.070 Decision making process 21.42.080 Announcement of findings and decision. 21.42.090 Mailing of notice of decision. 21.42.100 Appeals. 21.42.110 Expiration period. 21.42.120 Revocation. 21.42.130 Amendment. 21.42.140 Development standards and special regulations /// /// 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 21.42.010 Purpose 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 classified as permitted because of their particular characteristics. 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 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 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 use permit in accordance with the standards hereinafter set forth. 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 successor in interest. 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. 21.42.030 Findings of fact. 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: 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, 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 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 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 planning director, planning commission or city council, in order to integrate the use with other uses in the neighborhood. 4. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use. B. When the subject of the application for minor conditional use permit or 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 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 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 in full force and effect. -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 21.42.040 Conditions which may be added prior to granting permit. 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, including but not limited to the following: 1. Regulation of use; 2. Special yards, open space, and buffers; 3. Fences and walls; 4. Dedicating and improving public improvements; 5. Regulation of points of vehicular ingress and egress; 6. Requiring placement and maintenance of landscaping; 7. Regulation of signage, noise, vibration, odors, etc.; 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; 11. 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. 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 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. 21.42.060 Notices and hearings. 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 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 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 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. 21.42.70 Decision making process 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. 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 -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 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 formal public hearing. c. An application for a minor conditional use permit may be approved, 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. 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. 2. Process Two. a. To determine whether the conditional use permit is decided by process two, please refer to the use regulation table in each zone. b. An application for certain conditional use permits may be approved, 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. 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 fact in Section 21.42.030 are found to exist. 3. Process Three. a. To determine whether the conditional use permit is decided by process three, please refer to the use regulation table in each zone. 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 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. 21.42.080 Announcement of findings and decision. 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 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. 2. That the minor conditional use permit or conditional use permit be granted or denied. 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 planning director, planning commission or city council may impose. -4- 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 21.42.090 Mailing of notice of decision. 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 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. 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. 21.42.110 Expiration period. A. Expiration of permit if not exercised. Any minor conditional use permit or conditional use permit becomes null and void if not exercised within (18) months of the date of approval. 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 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 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 conditions have not substantially changed since the granting of such minor conditional use permit or conditional use permit. 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/ planning commission/city council may designate in the approval of the minor conditional use permit or conditional use permit. 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, may be hereby approved administratively by the Planning Director in perpetuity without the requirement to extend the conditional use permit. 21.42.120 Revocation. A. The planning director/ planning commission/city council shall have continuing jurisdiction over any minor conditional use permit or conditional use permit. B. To consider the revocation of a minor conditional use permit, the planning director shall hold an informal hearing after giving notice by the same procedure as for consideration of a minor conditional use permit. 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 as 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. -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 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. 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: 1. That the minor conditional use permit or conditional use permit was obtained by fraud or misrepresentation; or 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 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 been suspended for one year or more; or 5. That the use is in violation of any statute, ordinance, law or regulation; or 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 welfare or so as to constitute a nuisance. 21.42.130 Amendment. 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. 21.42.140 Development Standards and Special Regulations 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 the findings and conditions recited in the letter or resolution dealing with each such matter, specific exemptions are made with respect thereto: 1. Front and side yard setbacks; 2. Building height; 3. Lot area; and 4. Off street parking. B. The minor conditional uses and conditional uses identified in this section shall be subject to the following special regulations: 2. Agricultural farm worker housing (temporary): a. A CUP is required unless exempted by Government Code Section 65589.4. 5. Apiary: a. All hives or boxes housing bees shall be placed at least 400 feet from 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. 10. Aquaculture stands: a. In considering the appropriateness of such facility the minimum following criteria shall be considered: i. Safe access, ii. Adequate parking, iii. Location and appearance of structure or facility, -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 iv. Appearance and location of signs, v. Compatibility with adjacent uses, vi. Scale of operation. 15. Arcades (coin-operated): a. No alcoholic beverages shall be permitted on premises. b. All activities shall be conducted within the confines of a structure designed to contain the noise created by such operation. 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. 20. Bars and cocktail lounges: 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. b. Parking shall be provided at the rate of not less than 1 space per 50 square feet of gross floor area. c. Surrounding grounds, including parking areas, shall be maintained in a neat and orderly condition at all times. 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. f. No bar or cocktail lounge shall be located within 500 feet of any other bar or cocktail lounge. 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 interaction. 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. 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. 30. Biological habitat preserve: 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 element roadways, sewer or water infrastructure improvements and drainage improvements, as -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 provided for in the citywide facilities and improvements plan, and the certified local coastal program. b. The biological habitat preserve shall be consistent with the city’s habitat management plan or agency-approved habitat management plan. c. The biological habitat preserve shall be consistent with the city’s local coastal program. d. A conditional use permit shall not be required when a biological habitat preserve is associated with a development proposal otherwise requiring environmental review and discretionary approval by the city, or a coastal development permit. e. Nothing in this section shall be construed as permitting encroachment or impacts to environmentally sensitive habitat areas and wetlands not permitted elsewhere in the certified local coastal program. 35. Bowling alleys: a. No noise shall be audible outside of the structure. b. If alcoholic beverages are offered for consumption on site, no open container shall be permitted to be removed from the premises. c. Parking requirements for any bar area not meeting the definition of bona fide eating establishment shall be computed at 1 space per 50 square feet of gross floor area. 40. Campsites (overnight): 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 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, 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 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. 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. -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 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, roadways, parking pads, trash or storage areas. viii. Camping spaces shall be placed at random throughout the 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 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 development. x. Landscaping and sprinkler system shall be constructed in 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 those areas that are not in extensive recreational use. Such landscaping shall be in conformance with but not limited to the following minimum standards: (A) The campground site shall be planted with combinations of flowers, turf, groundcovers, shrubs, and trees; said plantings shall 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 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. 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. 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. 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. 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, 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 -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 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 conditional use permit or other discretionary permit permitting them and may apply for and may be granted CUP extensions under this code. 55. Drug paraphernalia stores: 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, community center, library, park, public beach or playground. b. No drug paraphernalia store shall have a sign or advertisement which 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 Code of the state of California. 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. 60. Escort services: 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. b. No such business shall be located within 500 feet of any residential zone. c. An application for a conditional use permit shall be referred to the 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 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 deemed approval of the application. The Planning Commission may deny an application based on the findings and recommendations of the chief of police. 65. Gas stations: 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. ii. The use is to be developed as part of a freeway-service facility, containing a minimum of two freeway oriented uses. iii. The use is to be developed as part of a commercial facility that is an integral part of a planned community development. b. Development standards: i. All structures shall be architecturally designed to be compatible with surrounding neighborhood uses. -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 ii. Landscape plans shall consist of the following: (A) Perimeter planter areas of a minimum of 6 feet in width and planter areas adjacent to the structure, (B) Six-inch (6”) concrete curb bounding all planter areas, (C) Landscaping including a combination of flowers, shrubs, and trees, (D) A sprinkler system providing total and effective coverage to all landscaped areas, (E) A statement delineating a maintenance schedule and responsibility for maintenance of landscaped areas. iii. A 6-foot high masonry wall shall be constructed on all sides of the property that adjoin residential or residential-professional zoned property. iv. All exterior lighting shall be shielded or oriented in such way so as not to glare on adjacent properties. v. All displays and storage shall be contained within the main structure. vi. Trash containers shall be contained within a 6 - foot high enclosure. 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 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, 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 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. 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 the 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 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, 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 Management Plan. -11- 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 80. Hotel and motel uses: a. The application for a conditional use permit shall include the submittal of an architectural theme, colored elevations and site plan. b. When adjoining residentially zoned property, hotels and motels under this section must comply with the following provisions: i. Front yard setbacks, buildings -- 25 feet or the same distance as existing buildings on adjoining lots; driveway or parking area -- 10 feet; outdoor recreational amenities -- 10 feet; 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 driveways). 85. Liquor stores: a. There are specifically designated parking spaces that are sufficient for the use. b. Traffic flow on public streets or in parking areas will not cause congestion or be detrimental to other nearby neighborhood commercial uses. c. That all measures have been taken to insure compatibility of the use with the surrounding neighborhood. d. 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. e. Such establishment shall not be located within 500 feet of any other 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 installed with skirting to screen the chassis, wheels, and temporary foundation system e. All mobile buildings must meet all applicable local, state, and federal 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 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, ii. Approval of the proposed project will not pose a potential threat of damage or injuries to nearby residents, iii. The benefits of the proposed project clearly outweigh the possible adverse environmental effects, iv. There are no feasible alternatives to the proposed project, and v. The location and approval of the on-shore facilities at the particular 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 -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 detrimental or injurious to property in the neighborhood, community or to the general welfare of the city. vi. Such facilities shall also require a planned industrial permit pursuant to Chapter 21.34. 100. Parks, public: 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 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, gymnasiums, clubhouses, restrooms, trails, driveways, parking areas and fences). b. The development of the specific uses that are identified on the master park site plan shall not require an additional conditional use permit or an amendment to the existing master park site plan conditional use permit. 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 20 percent of what is anticipated on the master park site plan may be approved administratively by the Planning Director. 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. 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. 110. 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. 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. 115. Processing plants for farm crops, similar to those being grown on the premises: a. No processing plant shall be located within 50 feet of any lot line. 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. 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. 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 permitted. -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 e. An accessory building, for administrative and security purposes, may be permitted by the conditional use permit. f. All approved recreational vehicle storage areas shall be subject to the following development standards: 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 addition, the interior circulation and parking and layout design shall be subject to the approval of the city engineer. 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 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 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- 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. 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 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 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 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” 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. 130. Residential uses located above the ground floor of a multi-storied 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. 135. Residential uses in the P-M zone: a. One-family dwellings, two-family dwellings and multiple-family dwellings or a combination thereof, which serve to house the employees of businesses located in the P-M zone, may be conditionally permitted subject to the following findings: i. A planned development permit for the project has been approved, or is approved concurrently with the conditional use permit, by the city council. -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 ii. The residential development is an integral part of an industrial park or large industrial use. iii. The residential development is designed to be compatible with the industrial use it serves by means of landscaping, open space separations, etc. iv. The industrial development served by the residential development shall provide for convenient and efficient vehicular, bicycle or pedestrian transportation to and from the residential development. v. The maximum allowable density for the residential development shall be established by the city council but in no event shall the density exceed 40 dwelling units per acre. 140. Tattoo parlors: 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 consumption. b. No tattoo parlor shall be operated in conjunction with nor share any operating space with any other business. 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. 150. Thrift shops: a. An application for a conditional use permit shall be referred to the 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 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 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 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, recreational, benevolent, or other purpose not that of pecuniary profit. b. No goods shall be taken on a consignment basis. 155. Time-share projects: 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: 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 traffic engineer that demonstrates that adequate parking will be provided and the reduction will not adversely affect the neighborhood. -15- 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 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 that the reduction is necessary for the development of the project and will not adversely affect the neighborhood. 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 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 be made a part of the permit for the project. iv. If a time-share project is proposed in a nonresidential zone it 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). 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, 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. 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 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- 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. 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 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 is to generate usable electrical or mechanical energy and provided the windmill is architecturally compatible with the other buildings on the site. 165. Wireless Communication Facilities (WCFs): 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 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. 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 Policy Statement No. 64 shall be processed as a conditional use permit by Process 2. -16- 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 28 170. Zoos (private): a. The property for such private zoo has a minimum of 20,000 square feet, b. No animal is kept within 20 feet of any property line, c. A valid wild animal permit has been issued by the state. SECTION II: That Chapter 21.50.,Variances, of the Carlsbad Municipal Code is amended to read as follows: Chapter 21.50 Variances 21.50.010 Variance--Granting authority. 21.50.020 Purpose of variance. 21.50.030 Required findings for variances. 21.50.040 Variance Notice and hearing. 21.50.050 Announcement of findings and decision by resolution. 21.50.060 Resolutions announcing findings and order to be numbered and kept as permanent record. 21.50.070 Mailing of notice of decision of planning commission. 21.50.080 Effective date of order--Appeal of planning commission decision. 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 diminish or otherwise adversely affect the substantive requirements for protection of coastal resources. (Ord. NS-365 § 8, 1996: Ord. 9060 § 1800) 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 by other property in the same vicinity and zone. (Ord. 9060 § 1801) 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 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; 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; -17- 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 4. That the variance is consistent with the general purpose and intent of the general plan and any applicable specific or master plans; 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 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 to implement the local coastal program land use plan. 21.50.040 Variance Notice and hearing. 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 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 the granting of a variance. 21.50.050 Announcement of findings and decision by resolution. 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 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 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. 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 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 commission. 21.50.070 Mailing of notice of decision of planning commission. A. Not later than 7 days following the announcement of a decision ordering that a 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. 21.50.080 Effective date of order--Appeal of planning commission decision. 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. SECTION III: That Chapter 21.04 (Definitions) of the Carlsbad Municipal Code is amended by the addition of Section 21.04.106 to read as follows: “21.04.106 Delicatessen. “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- -18- 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 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 a standard sink) are permitted. No waiters or waitresses are employed on the premises.” SECTION IV: That Chapter 21.04 (Definitions) of the Carlsbad Municipal Code is amended by the addition of Section 21.04.137 to read as follows: “21.04.137 Educational facilities, other. “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 not limited to: trade, cosmetology, pet grooming, music, dance, martial arts, gymnastics and language.” SECTION V: That Chapter 21.04 (Definitions) of the Carlsbad Municipal Code is amended by the addition of Section 21.04.156 to read as follows: “21.04.156 Gas station. “Gas station" means a retail business used primarily for the sale of vehicular fuels; minor 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.” 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: “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. Such uses 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 Carlsbad Municipal Code is amended by the addition of Section 21.44.020(b)(2.5) to read as follows: “(2.5) Delicatessen - One space/two hundred and fifty square feet of gross floor area.” -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 • “Acc” indicates use is permitted as an accessory use. USE P CUP Acc Accessory uses and structures (See note 5) X Agricultural farm worker housing (temporary) (Subject to 21.42.140.B.2) (See also note 1) 3 Airports 3 Animals and poultry – small (less than 25) (See note 2) X Animals and poultry – small (more than 25) (See note 2) 1 Apiary/bee keeping (Subject to Sec. 21.42.140.B.5) 1 Aquaculture (defined: Sec. 21.04.036) 2 Aviary 1 Biological habitat preserve (Subject to Sec. 21.42.140.B.030) (defined: Sec. 21.04.048) 2 Campsites (overnight) (Subject to Sec. 21.42.140.B.040) 2 Cattle, sheep, goats, and swine production (See note 3) X Cemeteries 3 -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 2 Columbariums, crematories, and mausoleums (not within a cemetery) 2 Crop production X Drive-thru facilities (not restaurants) 2 Dwelling, single family (farm house) X Fairgrounds 3 Family day care home (large) (defined: Sec. 21.04.147) (Subject to Ch 21.83) X Family day care home (small) (defined: Sec. 21.04.148) (Subject to Ch 21.83) X Floriculture X Golf courses 2 Greenhouses, > 2,000 square feet (Subject to Sec. 21.42.140.B.070) 1 Greenhouses (2,000 square feet maximum) X Guest house X Hay and feed stores 1 Horses, private use X Mobile buildings (Subject to Sec. 21.42.140.B.090) (defined Section 21.04.265) 2 Mobile home (See note 6) X Nursery crop production X Other uses or enterprises similar to the above customarily carried on in the field of agriculture X Packing/sorting sheds > 600 square feet (Subject to Sec. 21.42.140.B.070) 1 Plant nurseries & nursery supplies 1 Processing plant (for crops) (Subject to Sec. 21.04.140.B.115) 1 Produce/flower stand for display and sale of products produced on the same premises (See note 4) X Public/quasi-public buildings and facilities and accessory utility buildings/facilities (defined: Sec. 21.04.297) 2 Radio/television/microwave/broadcast station/tower 2 Recreation facilities 2 Satellite television antennae (Subject to Sec. 21.53.130, et seq.) X Signs (Subject to Chapter 21.41) (defined: Sec. 21.04.305) X Stables/Riding Academies (defined: Sec. 21.04.310 and 21.04.315) 2 Stadiums 3 Tree farms X Truck farms X Veterinary clinic/animal hospital (small animals) (defined: Sec. 21.04.378) 1 Windmills (exceeding height limit of zone) (Subject to Sec. 21.42.140.B.160) 2 Wireless communications facilities (Subject to Sec. 21.42.140.165) (defined: Sec. 21.04.379) 1/2 -21- 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 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 • “Acc” indicates use is permitted as an accessory use. USES P CUP Acc Accessory buildings/structures (ex. garages, workshops, tool sheds, patio covers, decks, etc.) (See note 1, below) (defined: Sec. 21.04.020) 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 X Agricultural stand (for display of products raised on premises) (“stand” defined: Sec. 21.04.320) X Animal keeping (household pets) (Subject to Sec. 21.53.084) X Animal keeping/grazing (horses, sheep or bovine animals), excluding dairies (See notes 2 & 4, below) X Animal keeping (poultry, rabbits, chinchillas and any fur bearing animals for domestic or commercial purposes) (See notes 3 & 4, below) X Animal keeping (wild animals) (Subject to Sec. 21.53.085) X Aquaculture (defined: Sec. 21.04.036) 2 Biological habitat preserve (Subject to Sec. 21.42.140.B.030) (defined: Sec. 21.04.048) 2 Campsites (overnight) (Subject to Sec. 21.42.140.B.040) 2 Cemeteries 3 Churches, synagogues, temples, convents, monasteries, and other places of worship 2 Educational institutions or schools, public/private (defined: Sec. 21.04.140) 2 Dwelling, one-family (defined: Sec. 21.04.125) X Family day care home (large), subject to Chap. 21.83 (defined: Sec. 21.04.147) X Family day care home (small), subject to Chap. 21.83 (defined: Sec. 21.04.148) X Golf courses (See note 5, below) 2 Greenhouses (2,000 square feet maximum) X Greenhouses > 2,000 square feet (Subject to Sec. 21.42.140.B.070) 1 Home occupation (Subject to Sec. 21.10.040) X Mobile buildings (Subject to Sec. 21.42.140.B.090) (defined Sec. 21.04.265) 2 Mobile home (See note 6, below) (defined: Sec. 21.04.266) X Packing/sorting sheds (600 square feet maximum) X Packing/sorting sheds > 600 square feet (Subject to Sec. 21.42.140.B.070 1 Plant nursery/nursery supplies 1 Public/quasi-public buildings and facilities and accessory utility buildings/facilities (defined: Sec. 21.04.297) 2 Satellite TV antennae (Subject to Sec. 21.53.130 – 21.53.150) (defined: Sec. 21.04.302) X Second dwelling unit (Subject to Sec. 21.10.030) (defined: Sec. 21.04.303) X Signs (Subject to Chap. 21.41) (defined: Sec. 21.04.305) X Stables/Riding Academics (defined: Sec. 21.04.310 and 21.04.315) 2 Temporary bldg./trailer (real estate or construction) (Subject to Sec. 21.53.090 and 21.53.110) X Wireless communications facilities (Subject to Sec. 21.42.140.165) (defined: Sec. 21.04.379) 1 / 2 Zoos (private) (Subject to Sec. 21.42.140.B.170) (defined: Sec. 21.04.400) 2 -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 • “Acc” indicates the use is permitted as an accessory use. USE P CUP Acc Agricultural farm worker housing (temporary) (Subject to 21.42.144.B.2.) 3 Animals and poultry – small (≤25) 1 -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) 1 Aquaculture (defined: Sec. 21.04.036) 2 Aviary 1 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 X Biological habitat preserve (Subject to Sec. 21.42.140.B.030) (defined: Sec. 21.04.048) 2 Campsites (overnight) (Subject to Sec. 21.42.140.B.040) 2 Cemeteries 3 Churches, synagogues, temples, convents, monasteries, and other places of worship 2 Crop production X Drive -thru facilities, (not restaurants) 2 Educational institutions or schools, public/private (defined: Sec. 21.04.140) 2 Fairgrounds 3 Family day care home (large) (defined: Sec. 21.04.147) (Subject to Ch 21.83) X Family day care home (small) (defined: Sec. 21.04.148) (Subject to Ch 21.83) X Floriculture X Golf Courses 2 Grazing of ruminant animals (See note 1 below) X Greenhouses >2000 square feet (Subject to Sec. 21.42.140.B.070) 1 Greenhouses less than or equal to two thousand square feet, provided all requirements for yards, setbacks and height are met X Hay and feed store 1 Horses and other grazing animals (See note 2 below) X Maintaining mail address for commercial and business license purposes only (See note 3 below) X Mobile buildings (Subject to Sec. 21.42.140.B.090) (defined: Sec. 21.04.265 2 Mobile homes (See note 4 below) X One one-family dwelling unit per lot X Packing/sorting sheds > 600 square feet (Subject to Sec. 21.42.140.B.070) 1 Plant nurseries & nursery supplies 1 Poultry, rabbits, chinchillas and other small animals (see note 5 below) X Produce stand 1 Public/quasi-public buildings and facilities and accessory utility buildings/facilities (defined: Sec. 21.04.297) 2 Recreation facilities 2 Satellite television antennae (Subject to Sec. 21.53.130) X Second dwelling units (Subject to Sec. 21.10.030.) The development standards of this zone shall apply. X Signs (Subject to Chapter 21.41) (defined: Sec. 21.04.305) X Stables/Riding Academics (defined: Sec. 21.04.310 and 2 -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 25 26 27 28 21.04.315) Veterinary clinic/animal hospital (small animals) (defined: Sec. 21.04.378) 1 Wireless communications facilities (Subject to Sec. 21.42.140.B.165) (defined: Sec. 21.04.379) 1 / 2 Youth farm projects that are sponsored by nonprofit organizations such as 4-H X Zoos (private) (Subject to Sec. 21.42.140.B.170) (defined: Sec. 21.04.400) 2 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 • “Acc” indicates use is permitted as an accessory use. USE P CUP Acc Accessory buildings/structures (ex. garages, workshops, 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 X Animal keeping (household pets) (Subject to Sec. 21.53.084) X Animal keeping (horses) (See note 1, below) X Animal keeping (wild animals) (Subject to Sec. 21.53.085) X Aquaculture (defined: Sec. 21.04.036) 2 Biological habitat preserve (Subject to Sec. 21.42.140.B.030) (defined: Sec. 21.04.048) 2 Campsites (overnight) (Subject to Sec. 21.42.140.B.040) 2 Cemeteries 3 Churches, synagogues, temples, convents, monasteries, and other places of worship 2 Dwelling, one-family (defined: Sec. 21.04.125) (See note 3, below) X Educational institutions or schools, public/private (defined: Sec. 21.04.140 2 Family day care home (large) (Subject to Chap. 21.83) (defined: Sec. 21.04.147) X Family day care home (small) (Subject to Chap. 21.83) (defined: Sec. 21.04.148) X Golf courses (See note 2, below) 2 Greenhouses (2,000 square feet maximum) X Greenhouses > 2,000 square feet (Subject to Sec. 21.42.140.B.070) 1 Home occupation (Subject to Sec. 21.10.040) X Mobile buildings (Subject to Sec. 21.42.140.B.090) (defined Section 21.04.265) X 2 Packing/sorting sheds (600 square feet maximum) X Packing/sorting sheds > 600 square feet (Subject to Sec. 21.42.140.B.070) 1 Public/quasi-public buildings and facilities and accessory utility buildings/facilities (defined: Sec. 21.04.297) 2 Satellite TV antennae (Subject to Sec. 21.53.130 – 21.53.150) (defined: Sec. 21.04.302) X Second dwelling unit (Subject to Sec. 21.10.030) (defined: Sec. 21.04.303) X Signs (Subject to Chap. 21.41) (defined: Sec. 21.04.305) X Temporary bldg./trailer (real estate or construction) (Subject to Sec. 21.53.090 and 21.53.110) X Wireless communications facilities (Subject to Sec. 21.42.140.165) (defined: Sec. 21.04.379) 1/2 Zoos (private) (Subject to Sec. 21.42.140.B.170) (defined: Sec. 21.04.400) 2 -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 P CUP Acc Accessory buildings/structures (ex. garages, workshops, tool sheds, patio covers, decks, etc.) (See notes 1 & 2, below) (defined: Sec. 21.04.020) X Agricultural crops X Animal keeping (household pets) (Subject to Sec. 21.53.084) X Animal keeping (wild animals) (Subject to Sec. 21.53.085) X Aquaculture (defined: Sec. 21.04.036) 2 Biological habitat preserve (Subject to Sec. 21.42.140.B.030) (defined: Sec. 21.04.048) 2 Campsites (overnight) (Subject to Sec. 21.42.140.B.040) 2 Cemeteries 3 Churches, synagogues, temples, convents, monasteries, and other places of worship 2 -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) X Dwelling, two-family (See note 3, below) (defined: Sec. 21.04.130) X Dwelling, multiple-family (See note 4, below) (defined: Sec. 21.04.135) X Educational institutions or schools, public/private (defined: Sec. 21.04.140) 2 Family day care home (large) (Subject to Chap. 21.83) (defined: Sec. 21.04.147) X Family day care home (small) (Subject to Chap. 21.83) (defined: Sec. 21.04.148) X Golf courses (see note 5, below) 2 Greenhouses (2,000 square feet maximum) X Greenhouses > 2,000 square feet (Subject to Sec. 21.42.140.B.70) 1 Home occupation (Subject to Sec. 21.10.040) X Mobile buildings (Subject to Sec. 21.42.140.B.90) (defined Sec. 21.04.265) 2 Mobile home (See note 6, below) (defined: Sec. 21.04.266) X Packing/sorting sheds (600 square feet maximum) X Packing/sorting sheds > 600 square feet (Subject to Sec. 21.42.140.B.70) 1 Public/quasi-public buildings and facilities and accessory utility buildings/facilities (defined: Sec. 21.04.297) 2 Satellite TV antennae (Subject to Sec. 21.53.130 – 21.53.150) (defined: Sec. 21.04.302) X Second dwelling unit (accessory to a one-family dwelling only) (Subject to Sec. 21.10.030) (defined: Sec. 21.04.303) X Signs (Subject to Chap. 21.41) (defined: Sec. 21.04.305) X Temporary bldg./trailer (real estate or construction) (Subject to Sec. 21.53.090 and 21.53.110) X Wireless communications facilities (Subject to Sec. 21.42.140.165) (defined: Sec. 21.04.379) 1/2 Zoos (private) (Subject to Sec. 21.42.140.B.170) (defined: Sec. 21.04.400 2 Notes: 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. 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 P CUP Acc Accessory buildings/structures (ex. garages, workshops, tool sheds, patio covers, decks, etc.) (See notes 1 & 2, below) (defined: Sec. 21.04.020) X Agricultural crops X Animal keeping (household pets) (Subject to Sec. 21.53.084) X Animal keeping (wild animals) (Subject to Sec. 21.53.085) X Aquaculture (defined: Sec. 21.04.036) 2 Bed and breakfasts (Subject to Sec. 21.42.140.B.5) (defined: Sec. 21.04.046) 1 Biological habitat preserve (Subject to Sec. 21.42.140.B.30) (defined: Sec. 21.04.048) 2 Campsites (overnight) (Subject to Sec. 21.42.140.B.40) 2 Cemeteries 3 Child day care center (Subject to Chap. 21.83) (defined: Sec. 21.04.086) X Churches, synagogues, temples, convents, monasteries, and other places of worship 2 Dwelling, one-family (See note 3, below) (defined: Sec. 21.04.125) X Dwelling, two-family (defined: Sec. 21.04.130) X Dwelling, multiple-family (Subject to Sec. 21.53.120 if more than 4 units are proposed) (defined: Sec. 21.04.135) 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 2 Family day care home (large) (Subject to Chap. 21.83) (defined: Sec. 21.04.147) X Family day care home (small), (Subject to Chap. 21.83) (defined: Sec. 21.04.148) X Greenhouses (2,000 square feet maximum) X Greenhouses >2,000 square feet (Subject to Sec. 21.42.140.B.70) 1 Golf courses (See note 4, below) 2 Home occupation (Subject to Sec 21.10.040) X Housing for senior citizens (Subject to Chap. 21.84) X Mobile buildings (Subject to Sec. 21.42.140.B.90) (defined Sec. 21.04.265) 2 Mobile home (See notes 3 & 5, below) (defined: Sec. 21.04.266) X Packing/sorting sheds (600 square feet maximum) X Packing/sorting sheds >600 square feet (Subject to Sec. 21.42.140.B.70) 1 Professional care facilities (defined: Sec. 21.04.295) 2 Public/quasi-public buildings and facilities and accessory utility buildings/facilities (defined: Sec. 21.04.297) 2 Residential care facilities (serving more than six persons) (Subject to Sec. 21.42.140.B.125) (defined: Sec. 21.04.300) 2 Satellite TV antennae (Subject to Sec. 21.53.130 – 21.53.150) (defined: Sec. 21.04.302) X Second dwelling unit (accessory to a one-family dwelling only) (Subject to Sec. 21.10.030) (defined: Sec. 21.04.303) X Signs (Subject to Chap. 21.41) (defined: Sec. 21.04.305) X Temporary bldg./trailer (real estate or construction) (Subject to Sec. 21.53.090 and 21.53.110) X Timeshare projects (Subject to Sec. 21.42.140.B.155) (defined: Sec. 21.04.357) 3 Wireless communications facilities (Subject to Sec. 21.42.140.165) (defined: Sec. 21.04.379) 1 / 2 Zoos (private) (Subject to Sec. 21.42.140.B.170) (defined: Sec. 21.04.400) 2 Notes: 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 P CUP Acc Accessory buildings/structures, which are customarily appurtenant to a permitted use (ex. incidental storage facilities) (see note 1, below) (defined: Sec. 21.04.020) X Agricultural farm worker housing (temporary) (Subject to Sec. 21.42.104.B.2) 3 Aquaculture (defined: Sec. 21.04.036) 2 Banks/financial services (no drive-thru) X Biological habitat preserve (Subject to Sec. 21.42.010.B.030) (defined: Sec. 21.04.048) 2 Campsites (overnight) (Subject to Sec. 21.42.140.B.040) 2 Cemeteries 3 Child day care center (Subject to Chap. 21.83) (defined: Sec. 21.04.086) X Churches, synagogues, temples, convents, monasteries, and other places of worship 2 Clubs – non-profit, business, civic, professional, etc. (defined: Sec. 21.04.090) 2 Educational institutions or schools, public/private (defined: Sec. 21.04.140) 2 -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) 1 Greenhouses (2,000 square feet maximum) X Greenhouses > 2,000 square feet (Subject to Sec. 21.42.140.B.070) 1 Golf courses (see note 2, below) 2 Medical uses (excluding hospitals), including offices for medical practitioners, clinics, and incidental laboratories and pharmacies (prescription only) X Mobile buildings (Subject to Sec. 21.42.140.B.090) (defined Sec. 21.04.265) 2 Office uses, (may include incidental commercial uses such as blueprint services, photocopy services and news stands) X Packing/sorting sheds (600 square feet maximum) X Packing/sorting sheds > 600 square feet (Subject to Sec. 21.42.B.070) 1 Parking facilities (primary use) (I.e.: day use, short-term, non-storage) 2 Public/quasi-public buildings and facilities and accessory utility buildings/facilities (defined: Sec. 21.04.297) 2 Radio/television/microwave/broadcast station/tower 2 Satellite TV antennae (Subject to Sec. 21.53.130 – 21.53.150) (defined: Sec. 21.04.302) X Schools (business, vocational, and for such subjects as dance, drama, cosmetology, music, martial arts, etc.) X Signs, subject to Chap. 21.41 (defined: Sec. 21.04.305) X Temporary bldg./trailer (construction) (Subject to Sec. 21.53.110.) X Transit passenger terminals (bus & train) 2 Wireless communications facilities (Subject to Sec. 21.42.140.165) (defined: Sec. 21.04.379) 1 /2 Zoos (private) (Subject to Sec. 21.42.140.B.170) (defined: Sec. 21.04.400) 2 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 P CUP Acc Accessory buildings/structures (ex. garages, workshops, 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 X Animal keeping (household pets) (Subject to Sec. 21.53.084) X Animal keeping (wild animals) (Subject to Sec. 21.53.085) X Aquaculture (defined: Sec. 21.04.036) 2 Bed and breakfasts (Subject to Sec. 21.42.140.B.25) (defined: Sec. 21.04.046) 1 Biological habitat preserve (Subject to Sec. 21.42.140.B.30 (defined: Sec. 21.04.048) 2 Campsites (overnight) (Subject to Sec. 21.42.140.B.40) 2 Cemeteries 3 Child day care center (Subject to Chap. 21.83) (defined: Sec. 21.04.086) X Churches, synagogues, temples, convents, monasteries, and other places of worship 2 Clubs – non-profit; business, civic, professional, etc. (defined: Sec. 21.04.090) 2 Dwelling, one-family (see note 3, below) (defined: Sec. 21.04.125) X Dwelling, two-family (see note 4, below) (defined: Sec. 21.04.130) X Dwelling, multiple-family (Subject to Sec. 21.53.120 if more than 4 units are proposed) (defined: Sec. 21.04.135) X Educational institutions or schools, public/private (defined: Sec. 21.04.140) 2 Family day care home (large) (Subject to Chap. 21.83) (defined: Sec. 21.04.147) X Family day care home (small) (Subject to Chap. 21.83) (defined: Sec. 21.04.148) X Golf courses (see note 5, below) 2 Greenhouses (2,000 square feet maximum) X Greenhouses > 2,000 square feet (Subject to Sec. 21.42.140.B.70) 1 Home occupation (Subject to Sec. 21.10.040) X Housing for senior citizens (Subject to Chap. 21.84) X Mobile buildings (Subject to Sec 21.42.140.B.90) (defined Sec. 21.04.265) 2 Mobile home (see note 3 & 6, below) (defined: Sec. 21.04.266) X Packing/sorting sheds (600 square feet maximum) X Packing/sorting sheds > 600 square feet (Subject to Sec. 21.42.140.B.70) 1 Parking facilities (primary use) (I.e.: day use, short-term, non-storage) 2 Professional care facilities (defined: Sec. 21.04.295) 2 Public/quasi-public buildings and facilities and accessory utility buildings/facilities (defined: Sec. 21.04.297) 2 Residential care facilities (serving more than six persons)(Subject to Sec. 21.42.140. B. 125) (defined: Sec. 2 -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) X Second dwelling unit (accessory to a one-family dwelling only), (Subject to Sec. 21.10.030) (defined: Sec. 21.04.303) X Signs (Subject to Chap. 21.41) (defined: Sec. 21.04.305) X Temporary bldg./trailer (real estate or construction), subject to Sec. 21.53.090 and 21.53.110. X Timeshare projects (Subject to Sec. 21.42.140. B. 155) (defined: Sec. 21.04.357) 2 Transit passenger terminals (bus & train) 2 Wireless communications facilities (Subject to Sec. 21.42.140.B.165) (defined: Sec. 21.04.379) 1/2 Zoos (private) (Subject to Sec. 21.42.140.B.170) (defined: Sec. 21.04.400) 2 Note: 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 • “Acc” indicates the use is permitted as an accessory use. USE P CUP Acc Accessory Buildings (Subject to Sect. 21.20.080 of this Chapter) X Accessory buildings and structures, including private garages to accommodate not more than two cars per dwelling unit X Aquaculture (defined: Sec. 21.04.036) 2 Aquariums 2 Athletic clubs, gymnasiums, and health clubs 2 Bait shop (accessory to rec. facility) 1 Bathhouses 3 Beds and breakfasts (Subject to Sec. 21.42.140.B.025) (defined: Sec. 21,04.046) 1 Biological habitat preserve (Subject to Sec. 21.42.140.B.030) (defined: Sec. 21.04.048) 2 Boarding house (defined: 21.04.055) 2 Boat launching/docking facility 2 Boat part shop (accessory to rec. facility) 2 Boat repair (accessory to rec. facility) 2 Boat rides 2 Campsites (overnight) (Subject to Sec. 21.42.140.B.040) 2 Cemeteries 3 Churches, synagogues, temples, convents monasteries, and other places of worship 2 Clubs – non-profit; business, civic, professional, etc. (defined: Sec. 21.04.090) 2 Commercial use (accessory to rec. facility) 2 Country Clubs 2 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) X Dwellings X Fraternal associations and lodges (except college fraternities/sororities) 2 Fraternities and Sororities 2 Games of skill 2 Golf Courses 2 Greenhouses > 2,000 square feet (Subject to Sec. 1 -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) X Hotels and motels (Subject to Sec. 21.42.140.B.080) 2 Large family day care homes, subject to the provisions of Chapter 21.83 of this title. X Lodging house (defined: Sec. 21.04.205) 2 Mobile buildings (subject to Section 21.42.140.B.090) (defined: Sec. 21.04.265) 2 Packing/sorting sheds > 600 square feet (Subject to Sec. 21.42.140.B.070) 1 Parks (private) 2 Playgrounds/playfields 2 Public meeting halls, exhibit halls, and museums 2 Public/quasi-public buildings and facilities and accessory utility buildings/faculties (defined: Sec. 21.04.279) 2 Recreation facilities 2 Refreshment facilities 1 Satellite television antennae subject to the provisions of Section 21.53.130 of this code X 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. X Signs (See Note 1, below) X Small family day care homes X Sporting clubs 2 Sporting goods shops (acc. to rec. facilities) 2 Timeshare projects (Subject to Sec. 21.42.140.B.155) (defined: Sec. 21. 04.357) 3 Wireless communications facilities (Subject to Sec. 21.42.140.165) (defined: Sec. 21.04.279) 1 / 2 Zoos (private) (Subject to Sec. 21.42.140.B.170) (defined: Sec. 21.04.400) 2 Notes: 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. 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. 2 = Planning Commission hearing process 3 = City Council hearing process “Acc” indicates use is permitted as an accessory use. P CUP Acc X X X 2 2 X 2 3 2 TABLE A 1 = Administrative hearing process 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) X Dwelling, two-family (defined: Sec. 21.04.130) X Dwelling, multiple-family, subject to Sec. 21.53.120 if more than 4 units are proposed (defined: Sec. 21.04.135) X Educational institutions or schools, public/private (defined: Sec. 21.04.140) 2 Family day care home (large), subject to Chap. 21.83 (defined: Sec. 21.04.147) X Family day care home (small), subject to Chap. 21.83 (defined: Sec. 21.04.148) X Greenhouses >2,000 square feet (Subject to Sec. 21.42.140.B.070) 1 Golf courses (See note 5, below) 2 Home occupation, (Subject to Sec. 21.10.040) X Housing for senior citizens, subject to Chap. 21.84 X Mobile buildings (Subject to Section 21.42.140.B.90) 2 -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) X Packing/sorting sheds > 600 square feet (Subject to Sec. 21.42.140.B.70) 1 Public/quasi-public buildings and facilities and accessory utility buildings/facilities (defined: Sec. 21.04.297) 2 Satellite TV antennae, subject to Sec. 21.53.130 – 21.53.150 (defined: Sec. 21.04.302) X Second dwelling unit (accessory to a one-family dwelling only), subject to Sec. 21.10.030 (defined: Sec. 21.04.303) X Signs, subject to Chap. 21.41 (defined: Sec. 21.04.305) X Temporary bldg./trailer (real estate or construction), subject to Sec. 21.53.090 and 21.53.110 X Windmills (exceeding height limit of zone) (Subject to 21.42.140.B.160) 1/2 Zoos (private) (Subject to Sec. 21.42.140.B.170) (defined: Sec. 21.04.400) 2 Notes: 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 • “Acc” indicates use is permitted as an accessory use. USE P CUP Acc Accessory buildings/structures (ex. garages, workshops, tool sheds, patio covers, decks, etc.) (See note 1, below) (defined: Sec. 21.04.020) X Animal keeping (household pets) (Subject to Sec. 21.53.084) X Animal keeping (wild animals), (Subject to Sec. 21.53.085) X Aquaculture (defined: Sec. 21.04.036) 2 Bed and breakfasts, (Subject to Sec. 21.42.140.B.025) (defined: Sec. 21.04.046) 1 Biological habitat preserve (Subject to Sec. 21.42.140.B.030) (defined: Sec. 21.04.048) 2 Campsites (overnight) (Subject to Sec. 21.42.140.B.040) 2 Cemeteries 3 Child day care center (Subject to Chap. 21.83) (defined: Sec. 21.04.086) X Churches, synagogues, temples, convents, monasteries, and other places of worship 2 Dwelling, one-family (See notes 2 and 3, below) (defined: Sec. 21.04.125) X Dwelling, two-family (defined: Sec. 21.04.130) X Dwelling, multiple-family (Subject to Sec. 21.53.120 if more than 4 units are proposed) (defined: Sec. 21.04.135) X Educational institutions or schools, public/private (defined: Sec. 21.04.140) 2 Family day care home (large) (Subject to Chap. 21.83) (defined: Sec. 21.04.147) X Family day care home (small) (Subject to Chap. 21.83) (defined: Sec. 21.04.148) X Greenhouses > 2000 square feet (Subject to Sec. 21.42.140.B.070) 1 Golf courses (See note 4, below) 2 Home occupation (Subject to Sec. 21.10.040) X Housing for senior citizens (Subject to Chap. 21.84) 2 Mobile buildings (Subject to Section 21.42.140.B.90) (defined Section 21.04.265) 2 Mobile home (See notes 2, 3 & 5, below) (defined: Sec. 21.04.266) 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) 1 Professional care facilities (defined: Sec. 21.04.295) 2 Public/quasi-public buildings and facilities and accessory utility buildings/facilities (defined: Sec. 21.04.297) 2 Residential care facilities (serving more than six persons) (Subject to Sec. 21.42.140.B.125) (defined: Sec. 21.04.300) 2 Satellite TV antennae (Subject to Sec. 21.53.130 – 21.53.150) (defined: Sec. 21.04.302) X Second dwelling unit (accessory to a one-family dwelling only) (Subject to Sec. 21.10.030) (defined: Sec. 21.04.303) X Signs, subject to Chap. 21.41 (defined: Sec. 21.04.305) X Temporary bldg./trailer (real estate or construction) (Subject to Sec. 21.53.090 and 21.53.110) X Timeshare projects (Subject to Sec. 21 42.140.B.155) (defined: Sec. 21.04.357) 3 Wireless communications facilities (Subject to Sec. 21.42.140.165) (defined: Sec. 21.04.379) 1 / 2 Zoos (private)(Subject to Sec. 21.41.140.B.170) (defined: Sec. 21.04.400) 2 Notes: 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 • “Acc” indicates the use is permitted as an accessory use. USE P CUP Acc Adult and/or senior daycare and/or recreation facility (private or non-private) 2 Agricultural farm worker housing (temporary) (Subject to 21.42.140.B.02) 3 Biological habitat preserve (Subject to Sec. 21.42.140.B.030) (defined: Sec. 21.04.048) 2 Charitable service (private /semi-private)* 2 Child daycare facility (see Note 2 below) X Churches, synagogues, temples, convents, monasteries, and other places of worship 2 Civic associations, (e.g., League of Women Voters, etc.) 2 Clubs – non-profit; business, civic, professional, etc.(defined: Sec. 21.04.090) 2 Fraternal associations and lodges (except college fraternities/sororities) 2 Mobile Buildings (Subject to Section 21.42.140.B.090) (defined: Sec. 21.04.265) 2 Office area (see note 2 below) X Religious reading room (separate from church) 1 Social clubs (non-commercial) 3 Veterans’ organizations (including meeting facilities) 2 Welfare and charitable services (private or semi-private) with no permanent residential uses (e.g., Good Will, Red Cross, Traveler’s Aid) 2 Wireless communications facilities (Subject to Sec. 21.42.140.165) (defined: Sec. 21.04.379) 1 / 2 Youth organizations (e.g., Boy Scouts, Girl Scouts, Boys & Girls Clubs, YMCA and YWCA, except lodgings) 2 -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 • “Acc” indicates use is permitted as an accessory use. USE P CUP Acc Accountants X Agricultural farm worker housing (temporary) (Subject to 21.42.140.B.02) 3 Airports 3 Alcoholic treatment centers 2 Amusement parks 3 Aquaculture (defined: Sec. 21.04.036) 2 -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) 1 Athletic clubs, gymnasiums, health clubs, and physical conditioning businesses X Attorneys X Bakeries X Barbershops or beauty parlors X Biological habitat preserve (Subject to Sec. 21.42.140.B.030) (defined: Sec. 21.04.048) 2 Book or stationery stores X Bowling alley (Subject to Section 21.42.140.B.035) (defined: Sec. 21.04.057) 2 Campsites (overnight) (Subject to Sec. 21.42.140.B.040) 2 Car wash (Subject to Section 21.42.140.B.045) 2 Cemeteries 3 Child day care centers, subject to the provisions of Chapter 21.83 of this Title. X Churches, synagogues, temples, convents, monasteries, and other places of worship 2 Columbariums, crematories, and mausoleums (not within a cemetery) 2 Delicatessen (defined: Sec. 21.04.106) X 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 X Dressmaking or millinery shops X Drive-thru facility (not restaurants) 2 Drugstores X Dry goods or notion stores X Educational facilities, other (defined: Sec. 21.04.137) X Educational institutions or schools, public/private (defined: Sec. 21.04.140) 2 Engineers, architects and planners X Fairgrounds 3 Florist shops X Fortunetellers, as defined in Section 5.50.010(c) X Gas stations (Subject to Sec. 21.42.140.B.065) 2 Golf courses 2 Greenhouses > 2,000 square feet (Subject to Sec. 21.42.140.B.070) 1 Grocery or fruit stores X Hardware stores X Hospitals (defined: Sec. 21.04.170) 2 Hospitals (mental) (defined: Sec. 21.04.175) 2 Hotels and motels (Subject to Sec. 21.42.140.B.080) 2 Institutions of a philanthropic or eleemosynary nature, except correctional or mental X Jewelry stores X -44- 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 Laundries or clothes cleaning agencies X Laundromats X Liquor store (Subject to Sec. 21.42.140.B.085) (defined: Sec. 21.04.203) 2 Meat markets X Mobile buildings (Subject to Sec. 21.42.140.B.090) (defined Section 21.04.265) 2 Mortuaries 2 Packing/sorting sheds >600 square feet (Subject to Sec. 21.42.140.B.070) 1 Paint stores X Pawnshops (Subject to Sec. 21.42.140.B.105) 3 Pet supply shops X Pool halls, billiards parlors (Subject to Sec. 21.42.104.B.110) (defined: Sec. 21.04.292) 2 Private clubs, fraternities, sororities and lodges, excepting those the chief activity of which is a service customarily carried on as a business X Public/quasi-public buildings and facilities and accessory utility buildings/facilities (defined: Sec. 21.04.297) 2 Racetracks 2 Radio/television/microwave/ broadcast station/tower 2 Realtors X Recreation Facilities 2 Recycling collection facilities, large (Subject to Chapter 21.105 of this Title) (defined: Sec. 21.105.015) 2 Recycling collection facilities, small (Subject to Chapter 21.105 of this Title.) (defined : Sec. 21.105.015) 1 Residential uses located above the ground floor of a multi-story, commercial building (Subject to Section 21.42.140.B.130) 2 Restaurants (bona fide public eating establishment) (Defined: Sec.21.04.056) X Restaurants (excluding drive-thru restaurants), tea rooms or cafes (excluding dancing or entertainment and on-sale liquor) X Satellite television antennae (Subject to Sec. 21.53.130) X Shoe stores or repair shops X Signs subject to Chapter 21.41 X Stadiums 3 Tailors, clothing or wearing apparel shops X Tattoo parlors (Subject to Sec. 21.42.140.B.140) 3 Theaters (motion picture or live) – indoor) 2 Theaters, stages, amphitheaters – outdoor 2 Thrift shops (Subject to Sec. 21.42.104.B.150) 2 Transit passenger terminals (bus & train) 2 Veterinary clinic/animal hospital (small animals) 1 -45- 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: Sec. 21.04.378) Windmills (exceeding height limit of zone) (Subject to Sec. 21.42.140.B.160) 2 Wireless communications facilities (Subject to Sec. 21.42.140.165) (defined: Sec. 21.04.379) 1 / 2 Zoos (private) (Subject to Sec. 21.42.140.B.170) (defined: Sec. 21.04.400) 2 Notes: 1. All 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 O 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 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 • “Acc” indicates use is permitted as an accessory use. USE P CUP Acc Accountants X Administrative and executive offices X Advertising agencies X -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) 3 Airports 3 Alcoholic treatment centers 2 Aquaculture (defined: Sec. 21.04.036) 2 Architects, planners and engineers X Athletic clubs, gymnasiums, health clubs, and physical conditioning businesses 2 Attorneys X Banks and other financial institutions without drive-through facilities X Biological habitat preserve (Subject to Sec. 21.42.140.B.030) (defined: Sec. 21.04.048) 2 Campsites (overnight) (Subject to Sec. 21.42.140.B.040) 2 Cemeteries 3 Churches, synagogues, temples, convents, monasteries, and other places of worship 2 Columbariums, crematories, and mausoleums (not within a cemetery) 2 Commercial artists X Company and corporate headquarters X Delicatessen (defined: Sec. 21.04.106) 1 Dentists, doctors, chiropractors and incidental related uses such as pharmacies (prescription only), biochemical, X-ray laboratories, medical offices and clinics (excluding hospitals) X Drive-thru facilities (not restaurants) 2 Educational facilities, other (defined: Sec. 21.04.137) 1 Educational institutions or schools, public/private (defined: Sec. 21.04.140) 2 Electronic data processing and record keeping services X Fairgrounds 3 General contractor (offices only, no equipment or material storage) X Golf courses 2 Government offices X Greenhouses > 2,000 square feet (Subject to Sec. 21.42.140.B.070) 1 Hospitals (defined: Sec 21.04.170) 2 Hospitals (mental) (defined: Sec. 21.04.175) 2 Insurance agencies and services X Labor union offices (no hiring halls) X Management consultants X Mobile buildings (Subject to Section 21.42.140.B.090) (defined Section 21.04.265) 2 Offices, business and professional, including incidental commercial facilities such as blueprint and photocopy shops and duplicating services X Packing/sorting sheds > 600 square feet (Subject to Sec. 21.42.140.B.070). 1 Parking facilities (primary use) (I.e.: day use, short-term, X -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 X Public/quasi-public buildings and facilities and accessory utility buildings/facilities (defined: Sec. 21.04.297) 2 Radio/television/microwave/ broadcast station/tower 2 Real estate and related services X Recreation facilities 2 Restaurants (bona fide public eating establishment) (Subject to 21.42.140.B.) (Defined: Sec.21.04.056) 2 Satellite television antennae subject to the provisions of Section 21.53.130 of this code X Signs subject to the provisions of this chapter and Chapter 21.41 X Stadiums 3 Stockbrokers X Title and trust companies X Transit passenger terminals (bus & train) 2 Travel agencies X Veterinary clinic/animal hospital (small animals) (defined: Sec. 21.04.378) 1 Windmills (exceeding height limit of zone) (Subject to 21.42.140.B.160) 2 Wireless communications facilities (Subject to Sec. 21.42.140.165) (defined: Sec. 21.04.379) 1 / 2 Zoos (private) (Subject to Sec. 21.42.140.B.170) (defined: Sec. 21.04.400) 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 • “Acc” indicates use is permitted as an accessory use. USE P CUP Acc Agricultural farm worker housing (temporary) (Subject to 21.42.140.B.02) 3 Airports 3 Alcoholic treatment centers 2 Amusement parks 3 Any use permitted in the C-1 zone X Aquaculture (defined: Sec. 21.04.036) 2 Arcades - coin operated (Subject to Section 21.42.140.B.015) (defined: Sec. 21.04.091) 1 Athletic clubs, gymnasiums, health clubs, and physical conditioning businesses X Auto repairing X Bars, cocktail lounges (Subject to Sec 21.42.14O.B.020) (defined: Sec. 21.04.041) 2 Biological habitat preserve (Subject to Sec. 21.42.140.B.030) (defined: Sec. 21.04.048) 2 Blueprinting, photocopying and duplicating services X Bowling alley (Subject to Section 21.42.140.B.035) (defined: Sec. 21.04.057) 2 Campsites (overnight) (Subject to Sec. 21.42.140.B.040) 2 Car wash (Subject to Sec 21.42.140.B.045) 2 Cemeteries 3 Churches, synagogues, temples, convents, monasteries, and other places of worship 2 Columbariums, crematories, and mausoleums (not within a cemetery) 2 Commercial printing and photoengraving X Delicatessen (defined: Sec. 21.04.106) X Drive-thru facilities (not restaurants) 2 Educational facilities, other (defined: Sec. 21.04.137) X Educational institutions or schools, public/private (defined: Sec. 21.04.140) 2 Fairgrounds 3 Gas stations (Subject to Section 21.42.140.B.065). 2 Golf courses 2 Greenhouses > 2,000 square feet (Subject to Sec. 21.42.140.B.070) 1 Hospitals (defined: Sec 21.04.170) 2 Hospitals (mental) (defined: Sec. 21.04.175) 2 Hotels and motels (Subject to Sec. 21.42.140.B.080) 2 -49- 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 Liquor store (Subject to Sec. 21.42.140.B.085) (defined: Sec 21.04.203) 2 Mobile buildings (Subject to Section 21.42.140.B.090) (defined Section 21.04.265) 2 Mortuaries 2 Packing/sorting sheds > 600 square feet (Subject to Sec. 21.42.140.B.070) 1 Pawnshops (Subject to Sec 21.42.104.B.105) 3 Pet shops X Pool halls, billiard parlors (Subject to Section 21.42.140.B.110) (defined: Sec. 21.04.292) 2 Public/quasi-public buildings and facilities and accessory utility buildings/facilities (defined: Sec. 21.04.297) 2 Racetracks 2 Radio/television/microwave/ broadcast station/tower 2 Recreation facilities 2 Recycling collection facilities, small (Subject to Chapter 21.105 of this Title.) (defined: Sec. 21.105.015) 1 Recycling collection facilities, large (Subject to Chapter 21.105 of this Title) (defined: Sec. 21.105.015) 2 Residential uses located above the ground floor of a multi- story, commercial building (subject to Section 21.42.140.B.130) 2 Retail, wholesale or service businesses catering directly to the consumer X Satellite television antennae subject to the provisions of Section 21.53.130 of this code. X Signs (Subject to the provisions of Chapter 21.41) X Stadiums 3 Tattoo parlors (Subject to Sec. 21.42.140.B.140) 3 Theaters (motion picture or live) – indoor 2 Theaters, stages, amphitheaters – outdoor 2 Thrift shops (Subject to Sec. 21.42.104.B.150) 2 Transit passenger terminals (bus & train) 2 Upholstering shops X Veterinary clinic/animal hospital (small animals) (defined: Sec. 21.04.378) 1 Windmills (exceeding height limit of zone) (Subject to 21.42.140.B.160) 2 Wireless communications facilities (Subject to Sec. 21.42.140.165) (defined: Sec. 21.04.379) 1 / 2 Zoos (private) (Subject to Sec. 21.42.140.B.170) (defined: Sec. 21.04.400) 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- 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. • “Acc” indicates use is permitted as an accessory use. USE P CUP Acc 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) X Agricultural farm worker housing (temporary) (Subject to Section 21.42.140.B.002) 3 Airports 3 Amusement parks 3 Aquaculture (defined: Section 21.04.036) 2 Aquariums 2 Arcades (coin-operated) (Subject to Sect. 21.42.140.B.015) (defined: Section 21.04.091) 1 Art galleries X Athletic clubs, gymnasiums, health clubs X ATM kiosks (see note 1, below) X Automobile rental (no auto repair) X Bait shops (accessory to a recreation facility) 1 Bars, cocktail lounges (Subject to Sect. 21.42.140.B.020) (defined: Section 21.04.041) 2 Bed & Breakfasts (Subject to Sec. 21.42.140.025) (defined: Section 21.04.046) 1 Biological habitat preserve (Subject to Sect. 21.42.140.B.030) (defined: Section 21.04.048) 2 Boat launching/docking facilities 2 Botanical gardens 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 21.04.057) 2 Campsites (overnight) (Subject to Sect. 21.42.140.B.040) 2 Carwash (accessory to an automobile service station), subject to Section 21.42.140.B.45 2 Cemeteries 3 Churches, synagogues, temples, convents, monasteries, and other places of worship 2 Commercial artisan studios/ retail (e.g., jewelry arts, painting, pottery, glass blowing, etc.) X Cultural activities and facilities 2 Delicatessen (defined: Sect. 21.04.106) X Drive-thru facilities (not restaurant) 2 Educational institutions or schools, public/private (defined: Sec. 21.04.140) 2 Entertainment activities and facilities 2 Fairgrounds 3 Farmers markets 2 Florists X Food stores (specialty) (e.g., ice cream, candy, deli, bakery, pastry shop, fish market) X Gas stations (Subject to Sec. 21.42.140.B.065 2 Golf courses (see note 2, below) 2 Greenhouses > 2,000 square feet (Subject to Sect. 21.42.140.B.070) 1 Grocery/produce/convenience stores (not to exceed 2,500 sq. ft.) X Hotels/motels X Mobile buildings (temporary) (Subject to Section 21.42.140.B.090) (defined: Section 21.04.265) 2 News/magazine stands (see note 1, below) X Nightclubs, dance clubs, and other establishments that play live or recorded music or make regular use of amplified sound. 2 Outdoor dining (incidental), subject to Section 21.26.013 X Packing/sorting sheds > 600 square feet, subject to Sect. 21.42.140.B.070) 1 Parking facilities (primary use) (i.e. day use, short-term, non- storage) 2 Photography equipment sales/services (cameras, supplies, film development) X Pool halls/billiard parlors (Subject to Sect. 21.42.140.B.110 (defined: Section 21.04.292) 2 Produce stands 1 Public meeting halls, exhibit halls, and museums 2 Public/quasi-public buildings and facilities and accessory utility buildings/facilities (defined: Sect. 21.04.297) 2 Racetracks 2 Radio/television/microwave/broadcast station/tower 2 Recreation facilities 2 Recycling collection facilities (small) (Subject to Chapter 1 -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) (defined: Section 21.05.015) Recycling collection facilities (large) (Subject to Chapter 21.105 of this Title) (defined: Section 21.05.015) 2 Restaurants, cafes, coffee shops, including take-out only (no drive-thru) X Restaurants (located adjacent to residentially developed or designated property, no drive-thru) 2 Retail (specialty - catering to tourists) (e.g., antique stores, bookstores, souvenir/gift/novelty shops, specialty apparel shops) X Satellite TV antennas, subject to Sec. 21.53.130 – 21.53.150 (see note 1, below) (defined: Section 21.04.302) X Services (personal), limited to drycleaners, laundromats, and personal grooming (e.g., barbershops, beauty salons, day spas) X Signs, subject to Chapter 21.41 (see note 1, below) (defined: Section 21.04.305) X Sporting equipment/apparel sales/rental X Stadiums 3 Theaters (motion picture or live) – indoor 2 Theaters, stages, amphitheaters - outdoor 2 Timeshare projects (Subject to Sect. 21.42.140.B.155) (defined: Section 21.04.357) 3 Tourist information centers X Transit passenger terminals (bus & train) 2 Travel agencies X Vacation rental office X Video rental/sales X Windmills (exceeding height limit) (Subject to Sect. 21.42.140.B.160) 2 Wireless communications facilities (Subject to Sect. 21.42.140.B.165) 1 / 2 Zoos (private) (Subject to Sect. 21.42.140.B.170) 2 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 • “Acc” indicates use is permitted as an accessory use. USE P CUP Acc Agricultural farm worker housing (temporary) (Subject to 21.42.140.B.02) 3 Airports 3 Alcoholic treatment centers 2 Amusement parks 3 Any use permitted in other commercial zones is permitted in the C-M zone, with exceptions as set out in Note 1, below X Aquaculture (defined: Sec. 21.04.036) 2 Arcades - coin operated (Subject to Sec 21.42.140.B.015) (defined: Sec. 21.04.091) 1 Assembly of electrical appliances such as: (A) Electronic instruments and devices, (B) Radios and phonographs, including manufacture of small parts, such as coils X Auction houses or stores X Auto storage/impound yards (I.e.: overnight product storage) 2 Biological habitat preserve (Subject to Sec. 21.42.140.B.030) (defined: Sec. 21.04.048) 2 Boat building (limited to those craft which may be transported over a state highway without permit); X Body and fender works, including painting X Book printing & publishing X Bookbinding X Bowling alley (Subject to Section 21.42.140.B.035) (defined: Sec. 21.04.057) 2 -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 X Cabinet shops X Campsites (overnight) (Subject to Sec. 21.42.140.B.040) 2 Carpet cleaning plants X Cemeteries 3 Ceramic products, manufacture of, including figurines, using only previously pulverized clay and kilns fired only by electricity or low pressure gas X Child day care center (Subject to Chap. 21.83) (defined: Sec. 21.04.086) 2 Churches, synagogues, temples, convents, monasteries, and other places of worship 2 Cleaning and dyeing plants X Columbariums, crematories, and mausoleums (not within a cemetery) 2 Delicatessen (defined: Sec. 21.04.106) X Drive-thru facilities (not restaurants) 2 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 X Educational institutions or schools, public/private (defined: Sec. 21.04.140) 2 Fairgrounds 3 Feed and fuel yards X Frozen food lockers X Gas stations, subject to Section 21.42.140.B.065 2 Glass studios, staining, edging, beveling and silvering in connection with sale of mirrors and glass for decorating purposes X Golf courses 2 Greenhouses > 2,000 square feet (Subject to Sec. 21.42.140.B.070 1 Hazardous waste facility (subject to Sec. 21.42.140. B.075) defined: Sec. 21.04.167) 3 Hospital, industrial emergency (not full hospital or mental hospital) X Kennels 2 Laboratories, experimental, motion picture, testing X Laundries X Lumber yards (no planing mills and burners); X Machine shops X Mini-warehouses/ self storage 2 Mobile buildings (Subject to Section 21.42.140.B.090) (defined Section 21.04.265) 2 Mortuaries 2 Musical instruments, manufacture of X Newspaper/periodical printing & publishing 2 Oil and Gas facilities (on-shore) (Subject to Sec.21.42.140.B.095) 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). 1 Parcel service delivery X Parking facilities (primary use) (I.e.: day use, short-term, non-storage) 1 Pawnshops (Subject to Sec 21.42.104.B.105) 3 Plumbing shops and plumbing shop supply yards X Pool halls, billiard parlors (Subject to Sec 21.42.140.B.110) (defined: Sec. 21.04.292) 2 Public scales X Public/quasi-public buildings and facilities and accessory utility buildings/facilities (defined: Sec. 21.04.297) 2 Racetracks 2 Radio/television/microwave/ broadcast station/tower 2 Recreation facilities 2 Recreational vehicle storage (Subject to Sec. 21.42.140.B.120) (defined: Sec. 21.04.299) 1 Recycling collection facilities, large (Subject to Chapter 21.105) (defined: Sec. 21.105.015) 1 Recycling collection facilities, small (Subject to Chapter 21.105) (defined: Sec. 21.105.015) 1 Recycling process/transfer facility 2 Restaurants (bona fide public eating establishment) (Defined: Sec.21.04.056) 2 Satellite antennae (>1 per use) (defined: Sec 21.04.302) 1 Satellite television antennae subject to the provisions of Section 21.53.130 of this code X Sheet metal shops X Signs subject to the provisions of Chapter 21.41 X Stadiums 3 Tattoo parlors (Subject to Sec. 21.42.140.B.140) 3 Theaters (motion picture or live) - indoor 2 Thrift shops (Subject to Sec. 21.42.104.B.150) 2 Tire rebuilding, recapping and retreading X Transit passenger terminals (bus & train) 2 Transit storage (ex: rolling stock) 2 Veterinary clinic/animal hospital (small animals) (defined: Sec. 21.04.378) 1 Wholesale businesses, storage buildings and warehouses X Windmills (exceeding height limit of zone) (Subject to 21.42.140.B.160) 2 Wireless communications facilities (Subject to Sec. 21.42.140.165) (defined: Sec. 21.04.379) 1 / 2 Zoos (private) (Subject to Sec. 21.42.140.B.170) (defined: Sec. 21.04.400) 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 • “Acc” indicates use is permitted as an accessory use. USE P CUP Acc Agricultural farm worker housing (temporary) (Subject to 21.42.140.B.02) 3 Airports 3 Alcoholic treatment centers 2 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 X Aquaculture (defined: Sec. 21.04.036) 2 Auto storage/impound yards (I.e.: overnight product storage) 2 Auto wrecking yards (defined 21.04.040) 2 Automobile painting. All painting, sanding and baking shall be conducted wholly within a building X Bakeries X Biological habitat preserve (Subject to Sec. 2 -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) 2 X X X X X Cemeteries 3 Churches, synagogues, temples, convents, monasteries, and other places of worship 2 Columbariums, crematories, and mausoleums (not within a cemetery) 2 Creameries X Dairy products manufacture X Delicatessen (defined: Sec. 21.04.106) X Draying, freighting or trucking yards or terminals X Drive-thru facilities (not restaurants) 2 Dumps (public) (defined: Sec. 21.04.110) 3 Educational institutions or schools, public/private (defined: Sec. 21.04.140) 2 Electric or neon sign manufacture X Fairgrounds 3 Feed and fuel yards X Food products manufacture, storage and process of, except lard, pickles, sauerkraut, sausage or vinegar X Fruit and vegetable canning, preserving and freezing X Fruit packing houses X Furniture manufacture X Garment manufacturers X Gas stations (Subject to Sec. 21.42.140.B.65) 2 Golf courses 2 Greenhouses > 2,000 square feet (Subject to Sec. 21.42.140.B.070) 1 Hazardous waste facility (Subject to Sec. 21.42.140. B.75) (defined: Sec. 21.04.167) 3 Hospitals (defined: Sec 21.04.170) 2 Hospitals (mental) (defined: Sec. 21.04.175) 2 Ice and cold storage plants X Kennels 2 Lumber yards X Machine shops X Manufacture of prefabricated buildings X Mills, planing 2 Mini-warehouses/ self storage 2 Mobile buildings (Subject to Sec. 21.42.140.B.90) (defined Sec. 21.04.265) 2 Mortuaries 2 Newspaper/periodical printing & publishing 2 Oil and Gas facilities (on-shore) (Subject to Sec.21.42.140.B.95) 3 Packing/sorting sheds > 600 square feet (Subject to Sec. 1 -58- 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). Parking facilities (primary use) (I.e.: day use, short-term, non-storage) 1 Pawnshops (Subject to Sec 21.42.140.B.105) 3 Plastics, fabrication from X Public/quasi-public buildings and facilities and accessory utility buildings/facilities (defined: Sec. 21.04.297) 2 Racetracks 2 Radio/television/microwave/ broadcast station/tower 2 Recreation facilities 2 Recreational vehicle storage (Subject to Sec. 21.42.140.B.120) (defined: Sec. 21.04.299) 1 Recycling collection facilities, large (Subject to Chapter 21.105) (defined: Sec. 21.105.015) 2 Recycling collection facilities, small (Subject to Chapter 21.105) (defined: Sec. 21.105.015) 1 Recycling process/transfer facility 2 Rubber, fabrication of products made from finished rubber X Satellite antennae (>1 per use) (defined: Sec 21.04.302) 1 Satellite television antennae (Subject to Sec. 21.53.130) X Sheet metal shops X Shoe manufacturing X Soap manufacture, cold mix only X Stadiums 3 Stone monument works X Tattoo parlors (Subject to Sec. 21.42.140.B.140) 3 Textile manufacture X Thrift shops (Subject to Sec. 21.42.140.B.150) 2 Tire rebuilding, recapping and retreading X Transit passenger terminals (bus & train) 2 Transit storage (ex: rolling stock) 2 Truck steam cleaning equipment X Veterinary clinic/animal hospital (small animals) (defined: Sec. 21.04.378) 1 Windmills (exceeding height limit of zone) (Subject to Sec. 21.42.140.B.160) 2 Wireless communications facilities (Subject to Sec. 21.42.140.165) (defined: Sec. 21.04.379) 1 / 2 Zoos (private) (Subject to Sec. 21.42.140.B.170) (defined: Sec. 21.04.400) 2 Notes: 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 O-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 • “Acc” indicates use is permitted as an accessory use. USE P CUP Acc Agricultural farm worker housing (temporary) (Subject to Sec. 21.42.140.B.02) 3 Aquaculture (defined: Sec. 21.04.036) 2 Aquaculture stands (display/sale) (Subject to Sec. 21.42.140.B.010) 2 Athletic fields 2 Barbecue and fire pits X Beaches and shoreline recreation, public X Bicycle paths X Biological habitat preserve (Subject to Sec. 21.42.140.B.030) (defined: Sec. 21.04.048) 2 Campsites (overnight) (Subject to Sec. 21.42.140.B.040) 2 Cemeteries 3 Changing rooms X City picnic areas X City playgrounds X Clubhouses X Columbariums, crematories, and mausoleums (not within a cemetery) 2 -60- 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 2 Educational institutions or schools, public/private (defined: Sec. 21.04.140) 2 Entertainment activities & facilities 2 Fairgrounds 3 Fallow lands. (Ord. 9461 § 1 (part), 1976; Ord. 9385 § 2 (part), 1974) X Fencing X Field and seed crops X Golf courses 2 Greenhouses > 2,000 square feet (Subject to Sec. 21.42.140.B.070) 1 Horse trails X Horticultural crops X Marinas 2 Mobile buildings (Subject to Sec. 21.42.140.B.090) (defined Sec. 21.04.265) 2 Open space easements X Orchards and vineyards X Other similar accessory uses and structures required for the conduct of the permitted uses (Ord. 9385 § 2 (part), 1974) X Packing/sorting sheds > 600 square feet (Subject to Sec. 21.42.140.B.070). 1 Park, public (Subject to Sec. 21.42.140.B. 100) 2 Parking areas X Parks, public X Pasture and rangeland X Patios X Picnic areas (private) 2 Playground equipment X Playgrounds/playfields 2 Pool filtering equipment X Public access easement, nonvehicular X Public lands X Public restrooms X Public/quasi-public buildings and facilities and accessory utility buildings/facilities (defined: Sec. 21.04.297) 2 Radio/television/microwave/ broadcast station/tower 2 Recreation facilities 2 Recycling collection facilities, large (Subject to Chapter 21.105 of this Title) (defined: Sec. 21.105.015) 2 Recycling collection facilities, small (Subject to Chapter 21.105 of this Title.) (defined: Sec. 21.105.015) 1 Scenic easements X Slope easements X Stables/Riding Academies (defined: Sec. 21.04.310 and 21.04.315) 2 Stadiums 3 Stairways, X Swimming pools 2 Tennis courts 2 -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 2 Transportation rights-of-way X Tree farms X Truck crops X Vista points X Windmills (exceeding height limit of zone) (Subject to 21.42.140.B.160) 2 Wireless communications facilities (Subject to Sec. 21.42.140.165) (defined: Sec. 21.04.379) 1 / 2 Zoos (private) (Subject to Sec. 21.42.140.B.170) (defined: Sec. 21.04.400) 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 • “Acc” indicates use is permitted as an accessory use. USE P CUP Acc Accessory uses and structures where related and incidental to a permitted use X Accountants (See note 1 below) X -62- 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 X Administrative offices (See note 1 below) X Advertising agencies (See note 1 below) X Advertising--direct mail (See note 1 below) X Agricultural consultants (See note 1 below) X Agricultural farm worker housing (temporary) (Subject to Sec. 21.42.140.B.02) 3 Air courier service (See note 1 below) X Airlines offices, general offices (See note 1 below) X Airports 3 Alcoholic treatment centers 2 Answering bureaus (See note 1 below) X Appraisers (See note 1 below) X Aquaculture (defined: Sec. 21.04.036) 2 Arbitrators (See note 1 below) X Architect design and planners (See note 1 below) X Athletic clubs, gymnasiums, health clubs, and physical conditioning businesses 2 Attorney (no legal clinics) (See note 1 below) X Attorney services (See note 1 below) X Audio-visual services (See note 1 below) X Auto storage/impound yards (I.e.: overnight product storage) 2 Auto wrecking yards (defined 21.04.040) 2 Billing service (See note 1 below) X Biological habitat preserve (Subject to Sec. 21.42.140.B.30) (defined: Sec. 21.04.048) 2 Blueprinters (See note 1 below) X Book printing & publishing X Bookbinding X Bookkeeping service (See note 1 below) X Building designers (See note 1 below) X Building inspection service (See note 1 below) X Burglar alarm systems (See note 1 below) X Business consultants (See note 1 below) X Business offices for professional and labor organizations (See note 1 below) X Campsites (overnight) (Subject to Sec. 21.42.140.B.40) 2 Cemeteries 3 Child day care center (Subject to Chap. 21.83) (defined: Sec. 21.04.086) 2 Churches, synagogues, temples, convents, monasteries, and other places of worship 2 Civil engineers (See note 1 below) X Collection agencies (See note 1 below) X Columbariums, crematories, and mausoleums (not within a cemetery) 2 Commercial artists (See note 1 below) X Commodity brokers (See note 1 below) X Communications consultants (See note 1 below) X -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) X Computer service (time-sharing) X Computer systems (See note 1 below) X Construction manager (See note 1 below) X Corporate headquarters office (See note 1 below) X Corporate travel agencies and bureaus (See note 1 below)X Credit rating service (See note 1 below) X Data communication service (See note 1 below) X Data processing service (See note 1 below) X Data systems consultants (See note 1 below) X Delicatessen (defined: Sec. 21.04.106) 1 Diamond and gold brokers (See note 1 below) X Display designers (See note 1 below) X Display services (See note 1 below) X Drafting services (See note 1 below) X Drive-thru facilities (not restaurants) 2 Economics research (See note 1 below) X Educational consultants (See note 1 below) X Educational institutions or schools, public/private (defined: Sec. 21.04.140) 2 Educational research (See note 1 below) X Electric contractors (sales and administrative offices only) (See note 1 below) X Electronics consultants (See note 1 below) X Energy management consultants (See note 1 below) X Engineering offices (See note 1 below) X Environmental services (See note 1 below) X Escrow service (See note 1 below) X Estimators (See note 1 below) X Executive recruiting consultants (See note 1 below) X Executive search office (See note 1 below) X Executive training consultants (See note 1 below) X Export consultants (See note 1 below) X Fairgrounds 3 Financial planners and consultants (See note 1 below) X Fire protection consultants (See note 1 below) X Foreclosure assistance (See note 1 below) X Foundation-educational research (See note 1 below) X Franchise services (See note 1 below) X Fund-raising counselors (See note 1 below) X Gas stations (Subject to Sec. 21.42.140.B.65) 2 Gemologists (See note 1 below) X General contractors (no equipment storage permitted) (See note 1 below) X Geophysicists (See note 1 below) X Golf courses 2 Government contract consultants (See note 1 below) X Government facilities and offices X Governmental agencies (general and administrative offices only) (See note 1 below) X Graphics designers (See note 1 below) X -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) 1 Hazardous waste facility (Subject to Sec. 21.42.140. B.75) (defined: Sec. 21.04.167) 3 Hospitals (defined: Sec 21.04.170) 2 Hospitals (mental) (defined: Sec. 21.04.175) 2 Hotels and motels (Subject to Sec. 21.42.140.B.80) 2 Human factors research and development (See note 1 below) X Human services organization (administrative offices only) (See note 1 below) X Importers (See note 1 below) X Incorporating agency (See note 1 below) X Industrial medical (workers comp.) (See note 1 below) X Information bureaus (See note 1 below) X Insurance companies (administrative offices only) (See note 1 below) X Interior decorators and designers (no merchandise storage permitted) (See note 1 below) X Investigators (See note 1 below) X Investment advisory (See note 1 below) X Investment Securities X Kennels 2 Labor relations consultants (See note 1 below) X Leasing services (See note 1 below) X Lecture bureaus (See note 1 below) X Literary agents (See note 1 below) X Magazine subscription agents (See note 1 below) X Mailing list service (See note 1 below) X Management consultants (See note 1 below) X Manufacturers agents (See note 1 below) X Manufacturing and processing facilities X Marketing research and analysis (See note 1 below) X Message receiving service (See note 1 below) X Mini-warehouses/ self storage 2 Mobile buildings (Subject to Sec. 21.42.140.B.90) (defined Section 21.04.265) 2 Mutual funds (See note 1 below) X Newspaper/periodical printing & publishing 2 Oil and Gas facilities (on-shore) (Subject to Sec.21.42.140.B.95) 3 On-site recreational facilities intended for the use of employees of the planned industrial zone X Packing/sorting sheds > 600 square feet (Subject to Sec. 21.42.140.B.70). 1 Parking facilities (primary use) (I.e.: day use, short-term, non-storage) 1 Patent searchers (See note 1 below) X X X Photographic (industrial and commercial only) (See note 1 X Pension and profit sharing plans (See note 1 below) Personal service bureau (See note 1 below) -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) X Product development and marketing (See note 1 below) X Public relations services (See note 1 below) X Public utility companies (See note 1 below) X Public/quasi-public buildings and facilities and accessory utility buildings/facilities (defined: Sec. 21.04.297) 2 Publicity services (See note 1 below) X Publishers representatives (See note 1 below) X Racetracks 2 Radio communications (See note 1 below) X Radio/television/microwave/ broadcast station/tower 2 Real estate brokers (commercial and industrial only) (See note 1 below) X Real estate developers (See note 1 below) X Recording service (See note 1 below) X Recreation facilities 2 Recreational vehicle storage (Subject to Sec. 21.42.140.B.120) (defined: Sec. 21.04.299) 1 Recycling collection facilities, small (Subject to Chapter 21.105 of this Title.) (defined: Sec. 21.105.015) 1 Recycling collection facilities, large (Subject to Chapter 21.105 of this Title) (defined: Sec. 21.105.015) 2 2 Relocation service (See note 1 below) X Repossessing service (See note 1 below) X Research and testing facilities X Research labs (See note 1 below) X 3 Restaurants (bona fide public eating establishment - defined: Sec.21.04.056) 2 2 X X 1 X X Securities systems (See note 1 below) X Security firms (See note 1 below) X Signs (Subject to Chapter 21.41) X X X X Stadiums 3 Stock and bond brokers (See note 1 below) X Storage, wholesale and distribution facilities X Surveyors (See note 1 below) X Tax service and consultants (no consumer oriented uses) (See note 1 below) X Printing services (See note 1 below) Recycling process/transfer facility Residential uses in P-M Zone (Subject to Sec. 21.42.140.B.135) Retail uses Retirement planning consultants (See note 1 below) X 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) Sound system consultants (See note 1 below) Space planning consultants (See note 1 below) Space research and developments (See note 1 below) -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) X Trademark consultants (See note 1 below) X X Trust companies (See note 1 below) X Veterinary clinic/animal hospital (small animals) (defined: Sec. 21.04.378) 1 Windmills (exceeding height limit of zone) (Subject to 21.42.140.B.160) 2 Wireless communications facilities (Subject to Sec. 21.42.140.165) (defined: Sec. 21.04.379) 1 / 2 Zoos (private) (Subject to Sec. 21.42.140.B.170) (defined: Sec. 21.04.400) 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.” Telephone systems (See note 1 below) X Title companies (See note 1 below) X Tour operators (See note 1 below) X Transit passenger terminals (bus & train) 2 Translators and interpreters (See note 1 below) 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: 2 = Planning Commission hearing process 3 = City Council hearing process USE P CUP Acc Agricultural farm worker housing (temporary) (Subject to Sec. 21.42.140.B.02) 3 X Airports 3 2 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) 2 2 2 2 3 Columbariums, crematories, and mausoleums (not within a cemetery) 2 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 X Fairgrounds 3 Generation and transmission of electrical energy X 2 Governmental maintenance and service facilities X Greenhouses > 2,000 square feet (Subject to Sec. 21.42.140.B.70) 1 Hazardous waste facility (subject to Sec. 21.42.140.B.75) (defined: Sec. 21.04.167) 3 2 2 Mobile buildings (Subject to Section 21.42.140.B.090) (defined Section 21.04.265) 2 1 • “P” indicates use is permitted • “CUP” indicates use is permitted with approval of a conditional use permit. 1 = Administrative hearing process • “Acc” indicates use is permitted as an accessory use. 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; Alcoholic treatment centers X 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 Golf courses Hospitals (defined: Sec 21.04.170) Hospitals (mental) (defined: Sec. 21.04.175) Packing/sorting sheds > 600 square feet (Subject to Sec. -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 X Processing, using and storage of: (a) Natural gas, (b) Liquid natural gas, (c) Domestic and agricultural water supplies; X 2 Recreation facilities 2 Recreational facilities (public or private, passive or active); X Recycling collection facilities, large (Subject to Chapter 21.105 of this Title) (defined: Sec. 21.105.015) 2 1 2 X X Stadiums 3 2 Using and storage of fuel oils X Windmills (exceeding height limit of zone) (Subject to 21.42.140.B.160) 2 Wireless communications facilities (Subject to Sec. 21.42.140.165) (defined: Sec. 21.04.379) 1 / 2 Zoos (private) (Subject to Sec. 21.42.140.B.170) (defined: Sec. 21.04.400) 2 Notes: X Public utility district maintenance, storage and operating facilities Radio/television/microwave/ broadcast station/tower2 Recycling collection facilities, small (Subject to Chapter 21.105 of this Title.) (defined: Sec. 21.105.015) Recycling process/transfer facility Satellite television antennae (Subject to the provisions of Sec. 21.53.130 of this code) Signs subject to the provisions of Chapter 21.41 Transit passenger terminals (bus & train) Wastewater treatment, disposal or reclamation facilities X 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- 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 • “P” indicates use is permitted 3 = City Council hearing process • “Acc” indicates use is permitted as an accessory use. In the table, below, subject to all applicable permitting and development requirements of the Municipal Code: 1 = Administrative hearing process 2 = Planning Commission hearing process USE P CUP Acc Aquaculture (defined: Sec. 21.04.036) 2 Animal keeping (household pets) (Subject to Section 21.53.084) X Animal keeping (wild animals) (Subject to Section 21.53.085) X Biological habitat preserve (Subject to Sec. 21.42.140.B.30) (defined: Sec. 21.04.048) 2 Buildings incidental to a mobile home park (ex. recreational buildings, laundry facilities, etc.) X Campsites (overnight) (Subject to Sec. 21.42.140.B.40) 2 Cemeteries 3 2 Educational institutions or schools, public/private (defined: Sec. 21.04.140) 2 Family day care home (large) (Subject to Chapter 21.83 (defined: Section 21.04.147) X Family day care home (small) (Subject to Chapter 21.83 (defined: Section 21.04.148) X Golf courses 2 Greenhouses > 2,000 square feet (Subject to Sec. 21.42.140.B.70) 1 Home occupation (Subject to Section 21.10.040) X Mobile buildings (Subject to Sec. 21.42.140.B.90) (defined Section 21.04.265) 2 Mobile home accessory structures (defined: Section 21.04.267) X Mobile home parks (See note 2, below) X Packing/sorting sheds > 600 square feet (Subject to Sec. 21.42.140.B.70). 1 Public/quasi-public buildings and facilities and accessory utility buildings/facilities (defined: Sec. 21.04.297) 2 Satellite TV antennae (Subject to Sections 21.53.130-- 21.53.150) (defined: Section 21.04.302) X Signs, subject to Chapter 21.41 (defined: Section 21.04.305) X Temporary building/trailer (real estate or construction) (Subject to Sections 21.53.090 and 21.53.110) X Wireless communications facilities (Subject to Sec. 21.42.140.165) (defined: Sec. 21.04.379) 1 / 2 • “CUP” indicates use is permitted with approval of a conditional use permit. Churches, synagogues, temples, convents, monasteries, and other places of worship -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 Zoos (private) (Subject to Sec. 21.42.140.B.170) (defined: Sec. 21.04.400) 2 Notes: 1. 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. 2. A mobile home park may be a condominium, planned unit development, or rental park consisting 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 the provisions of Sections 18551.1 and 18611 of the California Health and Safety Code mobile homes and factory-built houses may be placed on permanent foundation systems in any mobile home park for which a permit was issued after January 1, 1982 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 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 21.44 governing off- street parking requirements. B. 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. C. 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 Limited Control Zone (even under a general use category) unless it is specifically listed in Table A of this Chapter as 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 USE P CUP Acc X X X Family day care home (large and small) (Subject to Ch 21.83 of this Title) X Floriculture X Greenhouses, less than 2,000 square feet) X Horses, private use X Nursery crop production X • “Acc” 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 -71- 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 X Produce stand for display and sale of products produced on the same premises (See note 4) X Tree farms 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. 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. 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. 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.” Truck farms 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. 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 USES PERMITTED IN THE C-L Zone 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. 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. 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 7 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 • “Acc” indicates the use is permitted as an accessory use. 2 = Planning Commission hearing process 3 = City Council hearing process USE P ACC CUP Agricultural farm worker housing (temporary) (Subject to 21.42.104.B.145) 2 All uses permitted in Chapter 21.25 not otherwise listed herein (CF- Community Facilities Zone) 2 Arcades - coin operated (Subject to Section 21.42.140.B.015) (defined: Sec. 21.04.091) 1 X 2 2 2 2 Drive-through facilities (non restaurant) 2 Drug Paraphernalia store (subject to Section 21.42.140.B.55) 3 Educational facilities, other (defined: Sec. 21.04.137 (See note 2, below) X Escort service (Subject to Sec. 21.42.140.B.60) 3 Gas stations (Subject to Section 21.42.140.B.065.) 2 Greenhouses > 2,000 square feet (Subject to Sec. 21.42.140.B.070) 1 Kiosks, vending carts, and push carts (see Note 1, below) X Liquor store (Subject to Sec. 21.42.140.B.085) (defined: Sec 21.04.203) 2 Manufacturing/fabrication of goods (ancillary) (Subject to Section 21.31.070) (see Note 1, below) X Medical uses (excluding hospitals), including offices for medical practitioners, clinics, incidental laboratories, and pharmacies (prescription only) X Mobile buildings (Subject to Section 21.42.140.B.090) (defined Section 21.04.265) 2 News/magazine stands (see Note 1, below) X Nightclubs, dance clubs, and other establishments that play live or recorded music or make regular use of amplified 2 Accessory buildings/structures, which are customarily appurtenant to a permitted use (ex: incidental storage facilities (See note 1, below) (defined: Sec. 21.04.020) X Adult and/or senior daycare and/or recreation facility (private or non-private) 2 3 Alcoholic treatment center 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) X Clubs – non-profit; business, civic, professional, etc. (defined: Sec. 21.04.090) 2 -73- 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. X Outdoor dining (incidental) (Subject to Section 21.26.013) X X X 1 2 1 X X X X Signs (Subject to Chapter 21.41 of this Title) X X Theaters (motion picture or live) – indoor 2 Theaters, stages, amphitheaters – outdoor 2 Veterinary clinic/animal hospital (small animals) (defined: Sec. 21.04.378) 1 Wireless communications facilities (Subject to Sec. 21.42.140.165) (defined: Sec. 21.04.379) 1/2 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 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) 1 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 2 Public/quasi-public buildings and facilities and accessory utility buildings/ facilities (defined: Sec. 21.04.297) 2 Radio/television/microwave/broadcast station/tower 2 Recycling collection facilities, large (Subject to Chapter 21.105 of this Title) (defined: Sec. 21.105.015) 2 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 Note1, below) Religious reading room (separate from church 1 Residential uses located above the ground floor of a multi- story, commercial building (subject to Section 21.42.140.B.130) 2 Restaurants, cafés, 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. X Temporary building/trailer (construction) (Subject to Section 21.53.110) -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: 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.” 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. 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. In the table, below, subject to all applicable permitting and development requirements of the Municipal Code: • “CUP” indicates use is permitted with approval of a conditional use permit. 2 = Planning Commission hearing process TABLE A PERMITTED USES • “P” indicates use is permitted 1 = Administrative hearing process 3 = City Council hearing process USE P CUP Acc Agriculture (See note 2 below) X Light-rail transit related facilities (See note 1 below) X Parking lots 2 Public streets. (Ord. 9818 § 1 (part), 1986) X Railroad museum 2 Railroad tracks and related facilities X • “Acc” indicates use is permitted as an accessory use. -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) X Recreation use open to the public (See note 4 below) 2 Signs, except for billboards, subject to the provisions of Chapter 21.41 X 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; 3. Limited to: (A) Passive open space, (B) Bicycle paths, (C) Pedestrian trails; 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; 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: ‘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.” /// /// /// “21.04.379 Wireless communication facility. /// /// /// /// /// /// /// /// /// /// -76- 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 14TH day of February 2006, and thereafter. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the day of 2006, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: APPROVED AS TO FORM AND LEGALITY RONALD R. BALL, City Attorney CLAUDE A. LEWIS, Mayor ATTEST: LORRAINE M. WOOD, City Clerk (SEAL) -77- 8 (Q O•ea (U_o o o CDO a<n 03£i S (O 9 o n•oQ. •wXind) 0)I Q. O to 0 (A6 » 0, s oa a QU S S 3 Automotive/Vehicle/RV/Parking Uses- - -IAuto storage/impound yards (I.e.: overnightproduct storage;fN ts Auto wrecking yards (defined 2 1 .04.040)fN fN fN fN Car wash (Subject to Section 2 1 .42. 140.B.45)fN fN <N fN fN fN fS fN fN | Drive-thru facilities (not restaurants)fN o fN fN fN fN fN fN O O Gas stations, subject to Section21.42.140.B.65.- — - (N fN fN o o I Parking facilities (primary use) (I.e.: day use,| short-term, non-storage)- - — o o o o o Recreational vehicle storage (Subject to Sec.21.42 140.B 120) (defined: Sec. 21.04.299)Agricultural/Animal/Veterinarian Uses- - v~>fSA_ i t J2 3 — -rApiary/bee keeping (Subject to Sec.21.42.140.B.5)fN fN fN fN fN (N <N fN fN fN fN fN fN <N C4 fN (S (N <N fS fS [ Aquaculture (defined: Sec. 2 1 .04.036)cs (N Aquaculture stands (display/sale) (Subject toSec.21.42.140.B.10)-s1 <N ts n fN CN <N (N r4 (N (N fN (N CN <N CN CS (N fN rs <N fN fN fN Biological habitat preserve (Subject to Sec.21. 42. 140.B.30) (defined: Sec. 21.04.048)fN | Farmers' markets- - - - — - - - — - - - - - - - - - - - — -Greenhouses > 2,000 square feet (Subject toSec. 21.42. 140.B 70)-| Hay/feed storefN fN fS | Kennels- - - - - - - - - - - - - - - - — - -> - - -1Packing/sorting sheds > 600 square feet(Subject to Sec. 21.42.140.B.70).- o o o - o - - - U 1atu c# U'C c E - - •^ I | & O | Slaughter of poultry/rabbits/animals— o o - — - - - - -1Veterinary clinic/animal hospital (smallanimals) (defined: Sec. 21.04.378) Q) TJ (0 O•ca o o Q>O §£9) tn to 1o •b IoN Q-13O TABLE "A"PROPOSED CONDITIONAL USES AND APPROVAL AUTHORITY REVISIONSCONDITIONALLY ALLOWED USES, BY ZONESju 5 d a. e. S I 3 u 0 o oi 0?1 a. * * S, 2 A * att A $GROUP/LAND USECN CN CN CN CN CN CN CS CN CN CN • CN CN CN CN CN CN CN CN CN CN Zoos (private) (Subject to Sec21.42.140.B.170) (defined: Sec. 21.04.400)Recreation/Entertainmento o o o « m •n ~ o o [ Amusement parks- o o o o - - — — o Arcades - coin operated (Subject to Section21.42.140.B.15)(defined: Sec. 21.04.091)CN CN o- CN | Athletic fields- -1 Bait shop (accessory to rec facility!CN CN CN Bars, cocktail lounges (Subject to Section21.42.140.B.20) (defined: Sec. 21.04.041)CN CN g I 1 to CN ] Boat ridesCN o o o o CN CN CN CN O o Bowling alley (Subject to Section21.42.140.B.35) (defined: Sec. 21.04 057)CN CN CN CN CN CN CN CN CN CN CN CN CN CN CN CN CN CN CN CN CN 1Campsites (overnight) (Subject to Sec.21.42. 140.B 40)CN | Country clubsCN CN .*> 3 8 3U CN CN 1 1 cu 11 w CN O O o o o o o o o 1Escort service (Subject to Section21.42.140.B.60)en m *> rn ^ « m m « ^ 1 CN ! Games of skillCN CN CN CN CN CN CN CN CN CN CN CN CN CN CN CN CN CN CN CN CN | Golf coursesCN 1 MarinasCN CN CN Nightclubs, dance clubs, and otherestablishments that play live or recordedmusic or make regular use of amplified sound.CN | aa, CN [ Picnic areas (private)CN CN Playgrounds/playfieldsCN o o o o CN CN (N CN O O Pool halls, billiard parlors (Subject to Section21.42.140.B.110)(defmed: Sec. 21.04.292)o o CN CN CN CN CN CN O 0 I Racetracks 0) o ro o I O § I 2 .b wJ M <H (0 o o 1iI 3 x U) §N inca 0. O PROPOSED CONDITIONAL USES AND APPROVAL AUTHORITY REVISIONSCONDITIONALLY ALLOWED USES, BY ZONES3 u. U 6 a OH Sa. S. S. H cs 3 o g a. OS e? £ 1 I 5 I as as B! 0! i 3 [ GROUP/LAND USEtN fN fN fN fN fN <N fN fN fN fN | Recreation facilitiesfN •§ "u DO on fN 1 8 2 CLo 1a fN fN fN fN Stables/Riding Academies (defined: Sec.2 1.04.3 10 and 2 1.04.3 15)fN | Swimming poolsfN | Tennis courtsfN fN <N fN fN O Theaters (motion picture or live) - indoorfN fN o o o o fN fN fN O Theaters, stages, amphitheaters - outdoorMedical/Health UsesfN O fN fN fN fN fN fN fN O | Alcoholic treatment centersCL, fN OH CL, O. fN fN Athletic clubs, gymnasiums, health clubs, andphysical conditionaing businesseso fN fN fN fN fN fN fN 0 | Hospitals (defined: Sec 2 1 .04. 1 70)o fN fN fN fN fN fN fN O Hospitals (mental) (defined: Sec. 21.04.175)PQ 4oa Residential/Res. Care/Hotel/m m m r^ m m m m m m m m 1^1 Agricultural farm worker housing (temporary)(Subject to 21.42. 104.B.2)- - - - -Bed and breakfasts (Subject to Sec21. 42. 140.B.25) (defined: Sec. 21 04.046)fN Boarding house (defined: 2 1 .04 055)fN fN fN fN 1Hotels and motels (Subject to Sec21.42.140.B.80)fN 1Housing for senior citizens (Subject to Chaper21.84 of this Title)fN Lodging house (defined: Sec. 21 04.205)fN fN fN fN Residential care facilities (serving more thansix persons) (Subject to Sec. 21 42. 140.B.125)(defined: Sec. 21.04.300)m 1Residential uses in P-M Zone (Subject to Sec.21.42 140.B.135) Q) O•e 8. o 8 £ .52 JB_d S in <n<o Q. O TABLE "A"PROPOSED CONDITIONAL USES AND APPROVAL AUTHORITY REVISIONSCONDITIONALLY ALLOWED USES, BY ZONESti IK 0 d a CL, e. S 5 H U r* (j U O 0I Ssres m ci (7 I s a! pfe ua: i 2 | GROUP/LAND USEfN rN N Residential uses located above the groundfloor of a multi-story, commercial building(subject to Section 21.42.140.B 130)« m o ^ m - en Timeshare projects (Subject to Sec.21.42.140.B.155) (defined: Sec. 21.04 357)Non-Profit/Social Service/ReligiousCS (N Adult and/or senior daycare and/or recreationfacility (private or non-private)(N fN All uses permitted in Chapter 21.25 (CF-Community Facilities Zone'fS (N I 1i I 4> .1 u (N fN Child day care center (Subject to Chap. 21 .83)(defined: Sec. 21.04086)r-i fS <s fN r< <s ts fS <s ts ts <N fS ts r^ cs <N <s <N (N <N Churches, synagogues, temples, convents,monasteries, and other places of worship<N <N 1Civic associations, (eg , League of WomenVoters, etc.)fN cs (N fN (N 0 S'? * '3-si/t O C *N 11 11o- c:• a>o 2- "i 3 ll°1 ^1 <s (N r)Fraternal asociations and lodges (exceptcollege fraternities/sororities)fS | Fraternaties and Sororities<N fN <N fN Professional care facilities (defined: Sec.21.04.295)- - J= J=u 11 I 3o I cs fS | Social clubs (non-commercial)fN fN Veterans' organizations (including meetingfacilities)rs CN Welfare and charitable services (private orsemi-private) with no permanent residentialuses (e g.,Good Will, Red Cross, Traveler'sAid)fN CM Youth organizations (e.g., Boy Scouts, Boys &Girls Clubs, YMCA. YWCA ), exceptlodgings 0) o "ro otrCOQ. oc o § S o •b Q. 3 x</><D u> <n(0 Q. O 1— <cc 1 3o | O ^ £ w ^PQ & H 1/5 h-9 ONH >-HQ O OQ. Oct OH «.w I 05 W1/5 r*LLOWE]3 1 Q Vj J (j b. ffi6 sd. a. S S (7 u u O g a. si a? 1 PL.a 1 H X I 2 A A u at at *GROUP/LAND USEaa Public/Institutional/Governmo „ m m - „ « « - - '•5 « « - « « rn w « „ « - « f. m « m m « " tn m CN fN fN fN fN O fN fN fN fN Columbariums, crematories, and mausleums(not within a cemetery]ro O O Dumps (public) (defined: Sec. 21.04.1 10)m « «Hazardous waste facilities (defined: Sec.21.04.167fN Park, public (Subject to Section 21.42.140.B.100)fN fN fN 1Public meeting halls, exhibit halls, andmuseumsCN fN fN fN tN fN tN fN fN fN fN fN fN fN fN tN CN fN fN fN fN fN Public/quasi-public buildings and facilitiesand accessory utility buildings/facilities(defined: Sec. 21 04.297)m en " .n m m tn - - m 1 fN fN fN fN fN fN fN fN fN fN c 1 e 1 1 t-Commercial Goods & ServicesfN 03to fN 1 s 3 J13 1 1 „ ^ « « « c. - « « « m -| Commercial Uses in CVSOZCu o o - a, CU Cu a. a. - - OO s fN 3on 1tcu2- 1 fN O O o o o o o o o Drug paraphernalia store ((Subject to21.42.140.B.55)fN fN fN Liquor store (Subject to Sec. 21 .42. 140.B.85)(defined: Sec 2 1.04.203)o o fN fN fN O O o o | Mini-warehouses/ self storagefN fN fN tN fN fN fN fN tN fN fN fN fN fN tN fN fN fN fN fN fN fN fN Mobile buildings (Subject to Section21.42.140.B.90) (defined Section 21.04.265)o fN fN fN fN O O .« o o o fN tN fN fN O O Pawnshops (Subject to Sec 21.42. 104.B. 105)- B 1 g i fN tN 0. fN Restaurants (bona fide public eatingestablishment) (Defined: Sec.2 1.04.056) ro otr 0)_Q O 8 (OI on Ia a>x inCO D. O TABLE "A"PROPOSED CONDITIONAL USES AND APPROVAL AUTHORITY REVISIONSCONDITIONALLY ALLOWED USES, BY ZONESj(j u. U 6 £ s.a. S su Hu 3 o 0 o 3 ssr PCI £ i Ha: 1 1 f4a, at ta« <a; <;w | GROUP/LAND USEfN Restaurants (located adjacent to residentiallydeveloped or designated property, no drive-thru)<N 1 o o o fN <N fN (N O O Tattoo parlors (Subject to Sec.21.42.140.B.140)o o o fN fN (N fN O O Thrift shops (Subject to Sec 2I.42.104.B.150)fN <N cs fN <N C-) <N fS fS fN Windmills (exceeding height limit of zone)(Subject to 21.42.140.6.160)Communications FacilitesfS fN fN fN fN fN (N fN fN (N (N <N 1Radio/television/microwave/ broadcaststation/to wei- - -1Satellite antennae (>1 per use) (defined. Sec21.04.302)S fN fN 2 S JN S s 2 fN fN CJ fN S s s (S CJ I— » s s s s s Wireless communications facilities (Subject toSec. 21.42.140.165) (defined: Sec. 21.04.379)Industrial Uses/ Heavy CommercialfN 1 Sfr 1iiCO CN 1 g S 1 Q_ OH OH | Book printing & publishingOH OH OH 1 Bookbinding•n m «IOU and Gas facilities (on-shore) (Subject toSec.21.42. 140.6.95)fN fN fN Newspaper/periodical printing & publishing-| Processing plant (for crops)- - - - — - - - -Recycling collection facilities, small (Subjectto Chapter 2 1.1 05 of this Title.) (defined Sec.21.105.015)fN fN fN fN fN fN fN fN fN Recycling collection facilities, large (Subjectto Chapter 2 1 . 1 05 of this Title) (defined: Sec.21.105.015)rN fN fN fN 1 1 o. GOe •n « ^ „Hazardous waste facility (subject to Sec.21.42.140. B.75) (defmd: Sec. 21 04.167)fN fN | Transit storage (ex: rolling stock) 0) o •ca 0) o 0)u §-ff o> -Q3 wJn ^H -s. O1i §N (0CD Q. O Ou scho04onsec.(0Q- 0)in3 T3 1 0. o 0> o o oO Ou CO§'inin '£ Ia> "c JO Q. II CN I 1 RESOLUTION NO. 2006-036 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING A NEGATIVE 3 DECLARATION FOR A ZONE CODE AMENDMENT AND LOCAL COASTAL PROGRAM AMENDMENT AND APPROVING SAID 4 LOCAL COASTAL PROGRAM AMENDMENT TO REVISE THE PROCEDURES AND REGULATIONS GOVERNING USES 5 ALLOWED UPON THE APPROVAL OF A CONDITIONAL USE PERMIT. 6 CASE NAME: CUP CODE REVISIONS CASE NO.: ZCA 04-09/LCPA 04-15 7 WHEREAS, pursuant to the provisions of the Municipal Code, the Planning 8 Commission did, on January 4, 2006, hold a duly noticed public hearing as prescribed by law to 9 consider the a Negative Declaration, Zone Code Amendment, and Local Coastal Program 10 Amendment, and recommended their adoption and approval; and WHEREAS, the City Council of the City of Carlsbad, on the 14th day of February , 2006, held a duly noticed public hearing to consider said Negative Declaration, Zone Code Amendment, and Local Coastal Program Amendment, and at that time14 received recommendations, objections, protests, comments from all persons interested in or opposed to the Negative Declaration and/or ZCA 04-09/LCPA 04-15.16 NOW, THEREFORE, the City Council of the City of Carlsbad, California, does hereby resolve as follows:1 o 19 1. That the above recitations are true and correct. 20 2. That the Negative Declaration is adopted as shown on Exhibit "ND", 21 attached hereto and made a part hereof, based on information presented at the public hearing and contained in Exhibit "Pll", attached to Planning Commission Resolution No. 5958 on file 22 with the City Clerk and incorporated herein by reference. 23 3. That the findings of the Planning Commission, as specified in Planning Commission Resolution No 5958, are incorporated by reference and are the findings of the City 24 Council. 25 4. That the amendment to the Local Coastal Program (LCPA 04-15) is approved as shown in Planning Commission Resolution No. 5960, on file with the City Clerk and 26 incorporated herein by reference and are the findings of the City Council. 27 5. That the approval of LCPA 04-15 shall not become effective until it is 28 approved by the California Coastal Commission and the California Coastal Commission's approval becomes effective. 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 AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the 14th day of February 2006, by the following vote, to wit: AYES: Council Members Lewis, Hall, Kulchin, Packard, Sigafoose NOES: None ABSENT: None Mayor ATTEST: LORRAINE M. WOOD, City Clerk (SEAL) -2- 1 RESOLUTION NO. 2006-037 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING A MINOR CONDITIONAL 3 USE PERMIT APPLICATION FEE. 4 WHEREAS, the City of Carlsbad has established a new Minor Conditional Use 5 Permit (CUP) process whereby specific less-controversial conditional uses may be approved 6 administratively by the Planning Director rather than at a public hearing before the Planning 7 Commission; and 8 WHEREAS, there will be staff costs to the City associated with processing Minor 9 CUP's pursuant to the provisions of the Municipal Code; and 10 WHEREAS, because the Minor CUP review process as proposed will duplicate the City's existing Administrative Variance (AV) review process, staff is recommending that the 12 new Minor CUP application fee be equal to the existing AV application fee ($630.00). 13 WHEREAS, this new $630.00 fee will cover the staff costs for processing Minor 14 CUP's. 15 WHEREAS, the City Council of the City of Carlsbad, on the 14th day of February , 2006, held a duly noticed public hearing to adopt a new Minor 17 Conditional Use Permit application fee and at that time received recommendations, objections, 1 8 protests, comments of all persons interested in or opposed to the new Minor Conditional Use 19 Permit application fee; and NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City 21 of Carlsbad, California, as follows: 22 23 1. That the above recitations are true and correct. 24 2. That the City Council approves the new Minor Conditional Use Permit application fee of $630.00. 25 26 27 28 1 PASSED AND ADOPTED at a regular meeting of the City Council of the City of 2 Carlsbad on the 14th day of February 2006, by the following vote, to wit: 3 AYES: Council Members Lewis, Hall, Kulchin, Packard, Sigafoose 4 NOES: None 5 ABSENT: None 6 7 8 ' /// CLAUDE A7 LEWIS, Mayor 9 10 ATTEST: 11 12 LORRAINE M. WOOD, City Clerk 13 (SEAL) 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2- 9 ,WHEREAS, the City, "Applicant," has filed a verified application with the City 10 11 Citywide 13 14 | WHEREAS, a Negative Declaration was prepared in conjunction with said 16 17 18 21 24 27 EXHIBIT 4 PLANNING COMMISSION RESOLUTION NO. 5958 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING ADOPTION OF A NEGATIVE DECLARATION FOR A ZONE CODE AMENDMENT TO REVISE THE PROCEDURES AND REGULATIONS GOVERNING USES ALLOWED UPON THE APPROVAL OF A CONDITIONAL USE PERMIT (CUP). CASE NAME: CUP CODE REVISIONS CASE NO.: ZCA 04-09/LCPA 04-15 of Carlsbad regarding property described as ("the Property"); and request; and WHEREAS, the Planning Commission did on the 4th day of January, 2006, hold 19 ~« | a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony 22.. , and arguments, examining the initial study, analyzing the information submitted by staff, and considering any written comments received, the Planning Commission considered all factors 25 ..relating to the Negative Declaration.26 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 28 Commission as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Planning Commission hereby RECOMMENDS ADOPTION of the Negative Declaration, Exhibit "ND," according to Exhibits "NOI" dated May 17, 2005, and "PII" dated May 13, 2005, attached hereto and made a part hereof, based on the following findings: Findings: 2 3 1. The Planning Commission of the City of Carlsbad does hereby find: a. it has reviewed, analyzed and considered the Negative Declaration analyzing the environmental impacts therein identified for this project and any comments thereon prior to RECOMMENDING APPROVAL of the project; and b. the Negative Declaration has been prepared in accordance with requirements of the California Environmental Quality Act, the State Guidelines and the Environmental Protection Procedures of the City of Carlsbad; and 10 c. it reflects the independent judgment of the Planning Commission of the City of Carlsbad; and 12 d. based on the EIA Part II and comments thereon, there is no substantial evidence 13 the project will have a significant effect on the environment. 14 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning 16 Commission of the City of Carlsbad, California, held on the 4th day of January 2006, by the following vote, to wit: 18 19 AYES: Chairperson Segall, Commissioners Baker, Cardosa, Dominguez, »„ Heineman, Montgomery, and Whitton 21 NOES: 22 ABSENT: £ ,J 24 ABSTAIN: 25 26 27 28 JEFFREN. SEGALL, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: DONNEU Assistant Planning Director PC RESO NO. 5958 -2- City of Carlsbad Planning Department CASE NAME: CASE NO: PROJECT LOCATION: NOTICE OF INTENT TO ADOPT A NEGATIVE DECLARATION CUP CODE REVISIONS ZCA04-Q9/LCPA04-15 CITYWIDE " PROJECT DESCRIPTION: A Zone Code Amendment and Local Coastal Program Amendment to amend the procedures and regulations governing uses allowed upon the approval of a Conditional Use Permit (CUP). The proposed amendments include: (1) Reformatting the Zoning Ordinance (Title 21) to place all conditional uses and the designated approval authority in the individual land use zones (rather than in the CUP Chapter of the code), (2) Modifying some commercial and industrial land use zones to allow "by right" specific commercial and industrial uses respectively that previously required the approval of a CUP because they are considered similar to and compatible with other permitted uses in each, (3) Modifying some land use zones to no longer allow some previously allowed conditional uses because they are not considered compatible uses based upon accepted planning principles, (4) Establishing a Minor CUP that can be approved administratively by the Planning Director rather than at a public hearing before the Planning Commission, and, (5) Modifying the approval authority from the Planning Commission to the City Council for specific unique and/or potentially controversial conditional uses. PROPOSED DETERMINATION: The City of Carlsbad has conducted an environmental review of the project described above pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, the initial study (EIA Part 2) did not identify any potentially significant impacts on the environment. Therefore, a Negative Declaration will be recommended for adoption by the City of Carlsbad Planning Commission and City Council. A copy t»f the initial study (EIA Part 2) documenting reasons to support the proposed Negative Declaration are on file in the Planning Department, 1635 Faraday Avenue, Carlsbad, California 92008. Comments from the public are invited. Please submit comments in writing to the Planning Department within 30 days of the date of this notice. The proposed project and Negative Declaration are subject to review and approval/adoption by the City of Carlsbad Planning Commission and City Council. Additional public notices will be issued when those public hearings are scheduled. If you have any questions, please call Chris DeCerbo in the Planning Department at (760) 602-4611. PUBLIC REVIEW PERIOD May 17, 2005 through June 16. 2005 PUBLISH DATE May 17, 2005 1635 Faraday Avenue « Carlsbad, CA 92008-7314 • (760) 602-4600 « FAX (760) 602-8559 » www.ci.carlsbad.ca.us ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART (TO BE COMPLETED BY THE PLANNING DEPARTMENT) CASE NO: ZCA 04-09/LCPA 04-15 DATE: May 13. 2005 BACKGROUND 1. CASE NAME: CUP CODE REVISIONS 2. LEAD AGENCY NAME AND ADDRESS: City of Carlsbad 3. CONTACT PERSON AND PHONE NUMBER: Chris DeCerbo 760-602-4611 4. PROJECT LOCATION: Citywide in the City of Carlsbad 5. PROJECT SPONSOR'S NAME AND ADDRESS: City of Carlsbad. 1635 Faraday Ave. Carlsbad. CA 92008 6. GENERAL PLAN DESIGNATION: N/A 7. ZONING: N/A 8. OTHER PUBLIC AGENCIES WHOSE APPROVAL IS REQUIRED (i.e., permits, financing approval or participation agreements): California Coastal Commission 9. PROJECT DESCRIPTION/ ENVIRONMENTAL SETTING AND SURROUNDING LAND USES: The proposed Zone Code Amendment and Local Coastal Program Amendment consist of amending the procedures and regulations governing uses allowed upon the approval of a Conditional Use Permit (CUP). The proposed amendments include: (1) Reformatting the Zoning Ordinance to place all conditional uses and the designated approval authority in the individual land use zones (rather than in the CUP Chapter of the code), (2) Modifying some commercial and industrial land use zones to allow "by right" specific commercial and industrial uses respectively that previously required the approval of a CUP because they are considered similar to and compatible with other permitted uses in each, (3) Modifying some land use zones to no longer allow some previously allowed conditional uses because they are not considered compatible uses based upon accepted planning principles, (4) Establishing a Minor CUP that can be approved administratively by the Planning Director rather than at a public hearing before the Planning Commission, and (5) Modifying the approval authority from the Planning Commission to the City Council for specific unique and/or potentially controversial conditional uses. The project applies to CUP regulations that are applicable to properties citywide. There is no specific • project site with a specific environmental setting or surrounding land uses. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The summary of environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact," or "Potentially Significant Impact Unless Mitigation Incorporated" as indicated by the checklist on the following pages. d Aesthetics d Geology/Soils d Noise d Agricultural Resources d Hazards/Hazardous Materials d Population and Housing [~1 Air Quality I I HydrologyAVater Quality l~] Public Services d Biological Resources I I Land Use and Planning d Recreation I I Cultural Resources I I Mineral Resources I | Transportation/Circulation l~1 Mandatory Findings of [~f Utilities & Service Systems Significance DETERMINATION. (To be completed by the Lead Agency) ^1 I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. Q I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared. Q] I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. CH I find that the proposed project MAY have "potentially significant impact(s)" on the environment, but at least one potentially significant impact 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. A Negative Declaration is required, but it must analyze only the effects that remain to be addressed. [H I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project. Therefore, nothing further is required. Planner Signature Date Assistant Planning Director's Signature Date Rev. 07/03/02 ENVIRONMENTAL IMPACTS STATE CEQA GUIDELINES, Chapter 3, Article 5, -Section 15063 requires that the City conduct an Environmental Impact Assessment to determine if a project may have a significant effect on the environment. The Environmental Impact Assessment appears in the following pages in the form of a checklist. This checklist identifies any physical, biological and human factors that might be impacted by the proposed project and provides the City with information to use as the basis for deciding whether to prepare an Environmental Impact Report (EIR), Negative Declaration, or to rely on a previously approved EIR or Negative Declaration. • A brief explanation is required for all answers except "No Impact" answers that are adequately supported by an information source cited in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved. A "No Impact" answer should be explained when there is no source document to refer to, or it is based on project-specific factors as well as general standards. • "Less Than Significant Impact" applies where there is supporting evidence that the potential impact is not significantly adverse, and the impact does not exceed adopted general standards and policies. • "Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact." The developer must agree to the mitigation, and the City must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level. • "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significantly adverse. • Based on an "EIA-Part II", if a proposed project could have a potentially significant adverse effect on the environment, but all potentially significant adverse effects (a) have been analyzed adequately in an earlier EIR or Mitigated Negative Declaration pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR or Mitigated Negative Declaration, including revisions or mitigation measures that are imposed upon the proposed project, and none of the circumstances requiring a supplement to or supplemental EIR are present and all the mitigation measures required by the prior environmental document have been incorporated into this project, then no additional environmental document is required. • When "Potentially Significant Impact" is checked the project is not necessarily required to prepare an EIR if the significant adverse effect has been analyzed adequately in an earlier EIR pursuant to applicable standards and the effect will be mitigated, or a "Statement of Overriding Considerations" has been made pursuant to that earlier EIR. • A Negative Declaration may be prepared if the City perceives no substantial evidence that the project or any of its aspects may cause a significant adverse effect on the environment. • If there are one or more potentially significant adverse effects, the City may avoid preparing an EIR if there are mitigation measures to clearly reduce adverse impacts to less than significant, and those mitigation measures are agreed to by the developer prior to public review. In this case, the Rev. 07/03/02 appropriate "Potentially Significant Impact Unless Mitigation Incorporated" may be checked and a Mitigated Negative Declaration may be prepared. • An EIR must be prepared if "Potentially Significant Impact" is checked, and including but not limited to the following circumstances: (1) the potentially significant adverse effect has not been discussed or mitigated in an earlier EIR pursuant to applicable standards, and the developer does not agree to mitigation measures that reduce the adverse impact to less than significant; (2) a "Statement of Overriding Considerations" for the significant adverse impact has not been made pursuant to an earlier EIR; (3) proposed mitigation measures do not reduce the adverse impact to less than significant; or (4) through the EIA-Part H analysis it is not possible to determine the level of significance for a potentially adverse effect, or determine the effectiveness of a mitigation measure in reducing a potentially significant effect to below a level of significance. A discussion of potential impacts and the proposed mitigation measures appears at the end of the form under DISCUSSION OF ENVIRONMENTAL EVALUATION. Particular attention should be given to discussing mitigation for impacts, which would otherwise be determined significant. Rev. 07/03/02 Issues (and Supporting Information Sources). I. AESTHETICS - Would the project: a) Have a substantial adverse effect on a scenic vista? (See Discussion of Environmental Evaluation) b) Substantially damage scenic resources, including but not limited to, trees, rock outcroppings, and historic buildings within a State scenic highway? (See Discussion of Environmental Evaluation) c) Substantially degrade the existing visual character or quality of the site and its surroundings? (See Discussion of Environmental Evaluation) d) Create a new source of substantial light and glare, which would adversely affect day or nighttime views in the area? (See Discussion of Environmental Evaluation) H. AGRICULTRAL RESOURCES - (In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model-1997 prepared by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland.) Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? (See Discussion of Environmental Evaluation) Potentially Significant Impact D Potentially Significant Unless Mitigation Incorporated D Less Than Significant Impact D No Impact D D D D D D D D Rev. 07/03/02 Issues (and Supporting Information Sources). b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? (See Discussion of Environmental Evaluation) c) Involve other changes in the existing environment, which, due to their location or nature, could result in conversion of Farmland to non-agricultural use? (See Discussion of Environmental Evaluation) AIR QUALITY - (Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations.) Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? (See Discussion of Environmental Evaluation) b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? (See Discussion of Environmental Evaluation) c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is in non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed ^quantitative thresholds for ozone precursors)? (See Discussion of Environmental Evaluation) d) Expose sensitive receptors to substantial pollutant concentrations? (See Discussion of Environmental Evaluation) Potentially Significant Impact ' D Potentially Significant Unless Mitigation Incorporated D Less Than Significant Impact D No Impact n n n n n n n n n D n n n Rev. 07/03/02 Issues (and Supporting Information Sources). e) Create objectionable odors affecting a substantial number of people? (See Discussion of Environmental Evaluation) BIOLOGICAL RESOURCES - Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by California Department of Fish and Game or U.S. Fish and Wildlife Service? (See Discussion of Environmental Evaluation) b) Have a substantial adverse effect on any riparian, aquatic or wetland habitat or other sensitive natural community identified in local or regional plans, policies, or regulations or by California Department of Fish and Game or U.S. Fish and Wildufe Service? (See Discussion of Environmental Evaluation) Potentially Significant . Impact ' D Potentially Significant Unless Mitigation Incorporated D Less Than Significant Impact D No Impact n n n n n c) Have a substantial adverse effect on federally l~1 protected wetlands as defined by Section 404 of the Clean Water Act (including but not limited to marsh, vernal pool, coastal, etc.) through direct removal, filing, hydrological interruption, or other means? (See Discussion of Environmental Evaluation) d) Interfere substantially with the movement of l~l any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? (See Discussion of Environmental Evaluation) n n n n Rev. 07/03/02 Issues (and Supporting Information Sources). e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? (See Discussion of Environmental Evaluation) f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? (See Discussion of Environmental Evaluation) g) Impact tributary areas that are environmentally sensitive? (See Discussion of Environmental Evaluation) IV. CULTURAL RESOURCES - Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in §15064.5? (See Discussion of Environmental Evaluation) b) Cause a substantial adverse change in the significance of an archeological resource pursuant to §15064.5? (See Discussion of Environmental Evaluation) c) Directly or indirectly destroy a unique paleontological resource or site or unique .geologic feature? (See Discussion of Environmental Evaluation) d) Disturb any human remains, including those interred outside of formal cemeteries? (See Discussion of Environmental Evaluation) V. GEOLOGY AND SOILS - Would the project: Potentially Significant aact Potentially Significant Unless Mitigation Incorporatedn Less Than Significant Impact D No Impact D D D D D D D D D D D D D D D D Rev. 07/03/02 Issues (and Supporting Information Sources). a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death involving: i. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii. Strong seismic ground shaking? iii. Seismic-related ground failure, including liquefaction? iv. Landslides? (See Discussion of Environmental Evaluation) b) Result in substantial soil erosion or the loss of topsoil? c) e) (See Discussion Evaluation) of Environmental Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse? (See Discussion of Environmental Evaluation) Be located on expansive soils, as defined in Table 18 - 1-B of the Uniform Building Code (1994), creating substantial risks to life or property? (See Discussion of Environmental Evaluation) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? (See Discussion of Environmental Evaluation) Potentially Significant Impact D Potentially Significant Unless Mitigation Incorporated D Less Than Significant Impact D No Impact n n n n n n n n n n n n n n n n 10 Rev. 07/03/02 Issues (and Supporting Information Sources). VI. HAZARDS AND HAZARDOUS MATERIALS - Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? (See Discussion of Environmental Evaluation) b) Create a significant hazard to the public or environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? (See Discussion of Environmental Evaluation) c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? (See Discussion of Environmental Evaluation) d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or environment? Potentially Significant . Impact D Potentially Significant Unless Mitigation Incorporated D Less Than Significant Impact n No Impact D D D D D D (See Discussion of Environmental Evaluation) e) For a project within an airport land use plan, or where such a plan has not been adopted, wisjiin two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? (See Discussion of Environmental Evaluation) D D n Rev. 07/03/02 Issues (and Supporting Information Sources). f) g) h) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? (See Discussion of Environmental Evaluation) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? (See Discussion of Environmental Evaluation) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? (See Discussion Evaluation) of Environmental VIQ. HYDROLOGY AND WATER QUALITY - Would the project: a) Violate any water quality standards or waste discharge requirements? (See Discussion Evaluation) of Environmental b)Substantially deplete groundwater supplies or interfere substantially with ground water recharge such that there would be a net deficit in aquifer volume or a lowering of the local ground water table level (i.e., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? (See Discussion of Environmental Evaluation) c) Impacts to groundwater quality? (See Discussion of Environmental Evaluation) Potentially Significant Impact: D Potentially Significant Unless Mitigation Incorporatedn Less Than Significant Impact D No Impact D n n n n n n n n n n 12 Rev. 07/03/02 Issues (and Supporting Information Sources). d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner, which would result in substantial erosion or siltation on- or off-site? (See Discussion of Environmental Evaluation) ••*• e) Substantially alter the existing drainage pattern of the site or area, including through the alteration_of the course of a stream or river, or substantially increase the flow rate or amount (volume) of surface runoff in a manner, which would result in flooding on- or off-site? (See Discussion of Environmental Evaluation) f) Create or contribute runoff water, which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? (See Discussion of Environmental Evaluation) g) Otherwise substantially degrade water quality? (See Discussion Evaluation) of Environmental h) Place housing within a 100-year flood hazard area as mapped on a Federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood delineation map? j[See Discussion of Environmental Evaluation) i) Place within 100-year flood hazard area structures, which would impede or redirect flood flows? (See Discussion of Environmental Evaluation) Potentially Significant . Impact' n Potentially Significant Unless Mitigation Incorporated D Less Than Significant Impact D No Impact 13 D D D D D D D D D D D D 13 Rev. 07/03/02 Issues (and Supporting Information Sources). j)Expose people or structures to a significant risk of loss injury or death involving flooding, including flooding as a result of the failure of a levee or dam? (See Discussion Evaluation) of Environmental k) Inundation by seiche, tsunami, or mudfiow? (See Discussion Evaluation) of Environmental 1) Increased erosion (sediment) into receiving surface waters. (See Discussion of Environmental Evaluation) m) Increased pollutant discharges (e.g., heavy metals, pathogens, petroleum derivatives, synthetic organics, nutrients, oxygen- demanding substances and trash) into receiving surface waters or other alteration of receiving surface water quality (e.g., temperature, dissolved oxygen or turbidity)? (See Discussion of Environmental Evaluation) n) Changes to receiving water quality (marine, fresh or wetland waters) during or following construction? Potentially Significant sact Potentially Significant Unless Mitigation Incorporated D Less Than Significant Impact D No Impact n n n n n n D D n (See Discussion of Environmental Evaluation) o) Increase in any pollutant to an already impaired water body as listed on the Clean Water Act Section 303(d) list? •V (See Discussion of Environmental Evaluation) p) The exceedance of applicable surface or groundwater receiving water quality objectives or degradation of beneficial uses? (See Discussion of Environmental Evaluation) IX. LANDUSE AND PLANNING - Would the project: n n n n n 14 Rev. 07/03/02 Issues (and Supporting Information Sources). a) Physically divide an established community? (See Discussion, of Environmental Evaluation) b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? (See Discussion of Environmental Evaluation) c) Conflict with any applicable habitat conservation plan or natural community conservation plan? (See Discussion of Environmental Evaluation) X. MINERAL RESOURCES - Would the project: a) Result in the loss of availability of a known mineral resource that would be of future value to the region and the residents of the State? (See Discussion of Environmental Evaluation) b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? (See Discussion of Environmental Evaluation) XI. NOISE - Would the project result in: . a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance or applicable standards of other agencies? (See Discussion of Environmental Evaluation) Potentially Significant jact Potentially Significant Unless Mitigation Incorporatedn n Less Than Significant Impactn n No Impact n n n n n n n n n n n n 15 Rev. 07/03/02 Issues (and Supporting Information Sources). b) Exposure of persons to or generation of excessive groundboume vibration or groundboume noise levels? (See Discussion of Environmental Evaluation) c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? (See Discussion of Environmental Evaluation) d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? (See Discussion of Environmental Evaluation) e) For a project located within an airport land use plan or, where such a plan has not been adopted, within 2 miles of a. public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? (See Discussion of Environmental Evaluation) f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? (See Discussion of Environmental Evaluation) XH. POPULATION AND HOUSING - Would the project: a) Induce substantial growth in an area either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? (See Discussion of Environmental Evaluation) Potentially Significant Impact '' D Potentially Significant Unless Mitigation Incorporatedn . Less Than Significant Impactn No Impact D D D D D D D D n D D n n 16 Rev. 07/03/02 Issues (and Supporting Information Sources). b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? (See Discussion of Environmental Evaluation) c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? (See Discussion of Environmental Evaluation) . PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered government facilities, a need for new or physically altered government facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services: i) Fire protection? ii) Police protection? iii) Schools? iv) Parks? v) Other public facilities? (See Discussion of Environmental Evaluation) XIV. RECREATION a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? Potentially Significant Impact ' D Potentially Significant Unless Mitigation Incorporated D Less Than Significant No jact Impact D a a a a a n a a a a a a a a a a a \\o 17 Rev. 07/03/02 Issues (and Supporting Information Sources). (See Discussion of Environmental Evaluation) b) Does the project include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? (See Discussion of Environmental Evaluation) XV. TRANSPORTATION/TRAFFIC - Would the project: a) Cause an increase in traffic, which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? (See Discussion of Environmental Evaluation) b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? (See Discussion of Environmental Evaluation) c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? (See Discussion of Environmental Evaluation)% d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? (See Discussion of Environmental Evaluation) e) Result in inadequate emergency access? (See Discussion of Environmental Evaluation) Potentially Significant Impact D Potentially Significant Unless Mitigation Incorporated D Less Than Significant Impact n No Impact D n n n n n n n n n n n n 18 Rev. 07/03/02 Issues (and Supporting Information Sources). f) Result in insufficient parking capacity? (See Discussion of Environmental Evaluation) g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turn-outs, bicycle racks)? (See Discussion of Environmental Evaluation) XVI. UTILITIES AND SERVICES SYSTEMS - Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? (See Discussion of Environmental Evaluation) b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which would cause significant environmental effects? (See Discussion of Environmental Evaluation) c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (See Discussion of Environmental Evaluation) * d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? Potentially Significant Impact ' D n Potentially Significant Unless Mitigation Incorporated D D Less Than Significant pact D D D D n n n n 19 Rev. 07/03/02 Issues (and Supporting Information Sources). (See Discussion of Environmental Evaluation) e) Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? (See Discussion of Environmental Evaluation) f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? (See Discussion of Environmental Evaluation) g) Comply with federal, state, and local statutes and regulations related to solid waste? (See Discussion of Environmental Evaluation) XVH. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? •w (See Discussion of Environmental Evaluation) Potentially Significant , Impact D Potentially Significant Unless Mitigation Incorporated D Less Than Significant Impact D No Impact D D D D D D D a 113 20 Rev. 07/03/02 Issues (and Supporting Information Sources). Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact b) Does the project have impacts that are ' O O CH "~" individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects?) (See Discussion of Environmental Evaluation) ___ c) Does the project have environmental l~1 CH CH effects, which will cause the substantial adverse effects on human beings, either directly or indirectly? (See Discussion of Environmental Evaluation) 21 Rev. 07/03/02 XVIH. EARLIER ANALYSES STATE CEQA GUIDELINES, Chapter 3, Article 5, Section 15063 specifies that the. environmental impact assessment may be used to determine, pursuant to a program EIR, tiering, or other appropriate CEQA process, which of a project's effects have been adequately analyzed in an earlier EIR or negative declaration. In this case, the Discussion of Environmental Evaluation on the attached sheets should identify die following: a) Earlier analyses used. Identify earlier analyses and state where they are available for review. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier EIR or negative declaration, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Impacts not adequately addressed. Identify which effects, if any, from the above checklist were not adequately analyzed in an earlier EIR or negative declaration, and should, therefore, be analyzed in a later EIR or negative declaration. d) Mitigation measures. For effects that are "Less Than Significant with Mitigation Incorporated," describe the mitigation measures, which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 22 Rev. 07/03/02 DISCUSSION OF ENVIRONMENTAL EVALUATION The amendments to the Conditional Use Permit (CUP) regulations do not include a proposal for physical development of any site. Any future development proposal that is subject to the amended regulations will be subject to further environmental review pursuant to CEQA on a site-specific basis. Therefore, this project will not result in significant adverse environmental impacts. One component of this Zone Code Amendment/Local Coastal Program Amendment modifies some commercial and industrial land use zones to allow by right specific commercial and industrial uses respectively that previously required the approval of a CUP. However, no significant adverse environmental impacts are anticipated because: 1) the uses (i.e.; delicatessens in the C-l, C-2, C-T, C-M, M zones, restaurants in the C-l zone, training and tutoring schools for cosmetology, pet grooming, music, dance, martial arts, gymnastics and language in the C-l, C-2 and C-L zones and bookbinding/book printing/pubUshing in the C-M, M, P-M zones) are similar to and compatible with other permitted uses in each zone, 2) the development standards of each zone (i.e.; building height, setbacks and lot coverage) ensure use compatibility and 3) each use would be subject to other City, State and Federal regulatory controls (i.e.; grading, air quality and water quality). AESTHETICS - Would the project: a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including but not limited to, trees, rock outcroppings, and historic buildings within a State scenic highway? c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light and glare, which would adversely affect day or nighttime views in the area? No Impact - The amendments to the Conditional Use Permit (CUP) regulations do not include a proposal for physical development of any site, and do not propose or affect any regulation that could: a) adversely effect a scenic vista; b) substantially damage scenic resources; c) degrade the visual character of any site; or d) create substantial light or glare that would adversely affect day or nighttime views. Any future development proposal that is subject to the amended CUP regulations will be subject to further environmental review pursuant to CEQA on a site-specific basis. AGRICULTRAL RESOURCES - Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? c) Involve other changes in the existing environment, which, due to their location or nature, could result in conversion of Farmland to non-agricultural use? No Impact - The amendments to the Conditional Use Permit (CUP) regulations do not include a proposal for physical development of any site, and do not propose or affect any regulation that could: a) result in the conversion of farmland to a non-agricultural use; b) conflict with any existing zoning for agricultural uses or a Williamson Act contract; or c) result in changes to the existing city environment that would cause the conversion of farmland to a non-agricultural use. Any future development proposal that is subject to the amended regulations will be subject to further environmental review pursuant to CEQA on a site-specific basis. AIR QUALITY—Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? 23 Rev. 07/03/02 No Impact - The amendments to the Conditional Use Permit (CUP) regulations do not include a proposal for physical development of any site, and do not propose or affect any regulation that could conflict or obstruct implementation of the regional air quality plan. All properties within the city are located in the San Diego Air Basin, which is a federal and state non-attainment area for ozone (63), and a state non-attainment area for particulate matter less than or equal to 10 microns in diameter (PM10). The periodic violations of national Ambient Air Quality Standards (AAQS) in the San Diego Air Basin (SDAB), particularly for ozone in inland foothill areas, requires that a plan be developed outlining the pollution controls that will be undertaken to improve air quality. In San Diego County, this attainment planning process is embodied in the Regional Air Quality Strategies (RAQS) developed jointly by the Air Pollution Control District (APCD) and the San Diego Association of Governments (SANDAG). A plan to meet the federal standard for ozone was developed in 1994 during the process of updating the 1991 state- mandated plan. This local plan was combined with plans from all other California non-attainment areas having serious ozone problems and used to create the California State Implementation Plan (SIP). The SIP was adopted by the Air Resources Board (ARB) after public hearings on November 9th through 10th in 1994, and was forwarded to the Environmental Protection Agency (EPA) for approval. After considerable analysis and debate, particularly regarding airsheds with the worst smog problems, EPA approved the SIP in mid-1996. Future development projects relate to the SIP and/or RAQS through the land use and growth assumptions that are incorporated into the air quality planning document. These growth assumptions are based on each city's and the County's general plan. If a proposed project is consistent with its applicable General Plan, then the project presumably has been anticipated with the regional air quality planning process. Such consistency would ensure that the project would not have an adverse regional air quality impact. Section 15125(B) of the State of California Environment Quality Act (CEQA) Guidelines contains specific reference to the need to. evaluate any inconsistencies between the proposed project and the applicable air quality management plan. Transportation Control Measures (TCMs) are part of the RAQS. The RAQS and TCM plan set forth the steps needed to accomplish attainment of state and federal ambient air quality standards. The California Air Resources Board provides criteria for determining whether a project conforms with the RAQS, which include the following: • Is a regional air quality plan being implemented in the project area? • Is the project consistent with the growth assumptions in the regional air quality plan? The project area (citywide) is located in the San Diego Air Basin, and as such, is located in an area where a RAQS is being implemented. As previously mentioned, the proposed amendments involve text amendments to the Zoning Ordinance, and do not include a proposal for physical development of any property. Furthermore, the project does not propose any change that would conflict with or obstruct implementation of an air quality plan. Future development projects that are subject to the amended regulations will be reviewed for consistency with the growth assumptions of the City's General Plan and the RAQS. The amended regulations do not obligate the city to approve a development project if the project would result in a significant adverse impact on the environment. Therefore, the project is consistent with the regional air quality plan and will in no way conflict or obstruct implementation of the regional plan. b) „ Violate any air quality standard or contribute substantially to an existing or projected air quality violation? No Impact - The closest air quality monitoring station to properties within the city is in the City of Oceanside. Data available for this monitoring site through April, 2002 indicate that the most recent air quality violations recorded were for the state one hour standard for ozone (one day in both 2000 and 2001) and one day in 2001 for the federal 8-hour average for ozone and one day for the 24-hour state standard for suspended particulates in 1996. No violations of any other air quality standards have been recorded recently. The amendments to the Conditional Use Permit (CUP) regulations do not involve physical development of any site nor any changes to air quality planning/standards. Any future development proposal that is subject to the amended regulations will be subject to further environmental review pursuant to CEQA on a site-specific basis. c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard? IP 24 Rev. 07/03/02 No Impact - The Air Basin is currently in a non-attainment zone for ozone and suspended fine particulates. The amendments to the Conditional Use Permit (CUP) regulations do not include a proposal for physical development of any site, and do not propose or affect any regulation that could result in a contribution to a cumulatively considerable potential net increase in emissions throughout the air basin. Any future development proposal that is subject to the amended regulations will be subject to further environmental review pursuant to CEQA on a site- specific basis. d) Expose sensitive receptors to substantial pollutant concentrations? No Impact - The amendments to the Conditional Use Permit regulations do not include a proposal for physical development of any site, and do not propose or affect any regulation that would result in exposing sensitive receptors to pollutant concentrations. Any future development proposal that is subject to the amended regulations will be subject to further environmental review pursuant to CEQA on a site-specific basis. e) Create objectionable odors affecting a substantial number of people? No Impact - The amendments to the Conditional Use Permit regulations do not include a proposal for physical development of any site, and do not propose or affect any regulation that would result in an activity that could create objectionable odors. Any future development proposal that is subject to the amended regulations will be subject to further environmental review pursuant to CEQA on a site-specific basis. BIOLOGICAL RESOURCES - Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian, aquatic or wetland habitat or other sensitive natural community identified in local or regional plans, policies, or regulations or by California Department of Fish and Game or U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including but not limited to marsh, vernal pool, coastal, etc.) through direct removal, filing, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? No Impact (a, b, c & d) - The amendments to the Conditional Use Permit (CUP) regulations do not include a proposal for physical development of any site, and do not propose or affect any regulation that would result in an adverse effect on any sensitive habitat or species, or interference with any native or migratory wildlife corridor or native wildlife nursery site. Any future development proposal that is subject to the amended regulations will be subject to further environmental review pursuant to CEQA on a site-specific basis. e) „ Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? No Impact (e & f) - The amendments to the Conditional Use Permit (CUP) regulations do not include a proposal for physical development of any site, and do not propose or affect any regulation that would result in a conflict with local policies and ordinances that protect biological resources or the provisions of any habitat conservation plan. Any future development proposal that is subject to the amended regulations will be subject to further environmental review pursuant to CEQA on a site-specific basis. g) Impact tributary areas that are environmentally sensitive? 25 Rev. 07/03/02 No Impact - The amendments to the Conditional Use Permit (CUP) regulations do not include a proposal for physical development of any site, and do not propose or affect any regulation that would result in an adverse impact to any environmentally sensitive tributary area. Any future development proposal that is subject to the amended regulations will be subject to further environmental review pursuant to CEQA on a site-specific basis. CULTURAL RESOURCES - Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in §15064.5? b) Cause a substantial adverse change in the significance of an archeological resource pursuant to §15064.5? c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? d) Disturb any human remains, including those interred outside of formal cemeteries? No Impact (a, b, c & d) - The amendments to the Conditional Use Permit (CUP) regulations do not include a proposal for physical development of any site, and do not propose or affect any regulation that would result in a disturbance of any human remains or an adverse impact to any historical, archeological, or paleontological resource. Any future development proposal that is subject to the amended regulations will be subject to further environmental review pursuant to CEQA on a site-specific basis, and will be subject to the City's Cultural Resource Guidelines. GEOLOGY AND SOILS - Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death involving: i. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii. Strong seismic ground shaking? iii. Seismic-related ground failure, including liquefaction? iv. Landslides? No Impact - There are no Alquist-Priolo Earthquake Fault zones within the City of Carlsbad and there is no other evidence of active or potentially active faults within the City. However, there are several active faults throughout Southern California, and these potential earthquakes could affect Carlsbad. Landslides are also a potential threat in parts of the City. All development proposals in Carlsbad are subject to requirements such as the Uniform Building Code earthquake construction standards and soil remediation that when necessary ensure potential adverse effects are not significant. The amendments to the Conditional Use Permit (CUP) regulations, however, do not include a proposal foj; physical development of any site, and do not propose or affect any regulation that would expose people or structures to potential adverse effects from a known earthquake fault, ground shaking, seismic-related ground failure or landslides. Any future development proposal that is subject to the amended regulations will be subject to further environmental review pursuant to CEQA on a site-specific basis. b) Result in substantial soil erosion or the loss of topsoil? No Impact - The amendments to the Conditional Use Permit (CUP) regulations do not include a proposal for physical development of any site, and do not propose or affect any regulation that would result in substantial soil erosion on any site. Any future development proposal that is subject to the amended regulations will be subject to further environmental review pursuant to CEQA and the City's engineering standards on a site-specific basis. c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse? 26 Rev. 07/03/02 d) Be located on expansive soils, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? No Impact (c, d & e) - The amendments to the Conditional Use Permit (CUP) regulations do not include a proposal for physical development of any site, and do not propose or affect any regulation that would result in impacts to unstable or expansive soil conditions. Any future development proposal that is subject to the amended regulations will be subject to further environmental review pursuant to CEQA and the City's engineering standards on a site- specific basis. HAZARDS AND HAZARDOUS MATERIALS - Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or environment? No Impact (a, b, c & d) - The amendments to the Conditional Use Permit (CUP) regulations do not include a proposal for physical development of any site, and do not propose or affect any regulation that would result in hazards associated with exposure to hazardous materials. Any future development proposal that is subject to the amended regulations will be subject to further environmental review pursuant to CEQA on a site-specific basis. e) For a project within an airport land use plan, or where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? No Impact (e & f) - The amendments to the Conditional Use Permit (CUP) regulations do not include a proposal for physical development of any site, and do not propose or affect any regulation that would result in exposing people to hazards associated with an airport. Any future development proposal that is subject to the amended regulations will be subject to further environmental review pursuant to CEQA on a site-specific basis. • g) - Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? No Impact (g & h) - The amendments to the Conditional Use Permit (CUP) regulations do not include a proposal for physical development of any site, and do not propose or affect any regulation that would interfere with the implementation of an adopted emergency response or evacuation plan, or result in exposing people to risk from wildland fires. Any future development proposal that is subject to the amended regulations will be subject to further environmental review pursuant to CEQA on a site-specific basis. 13D 27 Rev. 07/03/02 HYDROLOGY AND WATER QUALITY - Would the project: a) Violate any water quality standards or waste discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with ground water recharge such that there would be a net deficit in aquifer volume or a lowering of the local ground water table level (i.e., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Impacts to groundwater quality? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner, which would result in substantial erosion or siltation on- or off-site? e) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the flow rate or amount (volume) of surface runoff in a manner, which would result in flooding on- or off-site? f) Create or contribute runoff water, which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? g) Otherwise substantially degrade water quality? No Impact (a, b, c, d, e, f & g) - The amendments to the Conditional Use Permit (CUP) regulations do not include a proposal for physical development of any site, and do not propose or affect any regulation that would conflict with any water quality standards, impact groundwater supplies/quality, alter any drainage pattern, impact the capacity of existing or planned stormwater drainage systems, or result in the degradation of water quality. Any future development proposal that is subject to the amended regulations will be subject to further environmental review pursuant to CEQA on a site-specific basis. h) Place housing within a 100-year flood hazard area as mapped on a Federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood delineation map? i) Place within 100-year flood hazard area structures, which would impede or redirect flood flows? j) Expose people or structures to a significant risk of loss injury or death involving flooding, including flooding as a result of the failure of a levee or dam? k) Inundation by seiche, tsunami, or mudflow? No Impact (h, i, j & k) - The amendments to the Conditional Use Permit (CUP) regulations do not include a proposal for physical development of any site, and do not propose or affect any regulation that would result in placing housing within a 100-year flood hazard area, or expose people or structures to flooding or inundation by seiche, tsunami or mudflow. Any future development proposal that is subject to the amended regulations will be subject to further environmental review pursuant to CEQA on a site-specific basis. I) Increased erosion (sediment) into receiving surface waters. m) Increased pollutant discharges (e.g., heavy metals, pathogens, petroleum derivatives, synthetic organics, nutrients, oxygen-demanding substances and trash) into receiving surface waters or other alteration of receiving surface water quality (e.g., temperature, dissolved oxygen or turbidity)? n) Changes to receiving water quality (marine, fresh or wetland waters) during or following construction? o) Increase in any pollutant to an already impaired water body as listed on the Clean Water Act Section 303(d) list? p\ 28 Rev. 07/03/02 p) The exceedance of applicable surface or groundwater receiving water quality objectives or degradation of beneficial uses? No Impact (1, m, n, o & p) - The amendments to the Conditional Use Permit (CUP) regulations do not include a proposal for physical development of any site, and do not propose or affect any regulation that would result in increased erosion or pollutant discharges into any surface waters, a change to receiving water quality, or an exceedance of receiving water quality objectives. Any future development proposal that is subject to the amended regulations will be subject to further environmental review pursuant to CEQA on a site-specific basis LAND USE AND PLANNING - Would the project: a) Physically divide an established community? No Impact - The amendments to the Conditional Use Permit (CUP) regulations do not include a proposal for physical development of any site, and do not propose or affect any regulation that would result in the division of an established community. Any future development proposal that is subject to the amended regulations will be subject to further environmental review pursuant to CEQA on a site-specific basis. b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? No Impact - The amendments to the Conditional Use Permit (CUP) regulations do not include a proposal for physical development of any site, and do not propose or affect any regulation that would conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating environmental effects. Any future development proposal that is subject to the amended regulations will be subject to further environmental review pursuant to CEQA on a site-specific basis. c) Conflict with any applicable habitat conservation plan or natural community conservation plan? No Impact - The amendments to the Conditional Use Permit (CUP) regulations do not include a proposal for physical development of any site, and do not propose or affect any regulation that would conflict with the any habitat conservation plan or natural community conservation plan. Any future development proposal that is subject to the amended regulations will be subject to further environmental review pursuant to CEQA on a site-specific basis. MINERAL RESOURCES - Would the project: a) Result in the loss of availability of a known mineral resource that would be of future value to the region and the residents of the State? b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? **No Impact (a & b) - The amendments to the Conditional Use Permit (CUP) regulations do not include a proposal for physical development of any site, and do not propose or affect any regulation that would result in the loss of availability of a mineral resource. Any future development proposal that is subject to the amended regulations will be subject to further environmental review pursuant to CEQA on a site-specific basis. NOISE - Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundbourne vibration or groundbourne noise levels? 29 Rev. 07/03/02 c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? No Impact (a, b, c & d) - The amendments to the Conditional Use Permit (CUP) regulations do not include a proposal for physical development of any site, and do not propose or affect any regulation that would result in exposing people to excessive noise levels or groundbourne vibrations, or increase noise levels. Any future development proposal that is subject to the amended regulations will be subject to further environmental review pursuant to CEQA on a site-specific basis. e) For a project located within an airport land use plan or, where such a plan has not been adopted, within 2 miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? No Impact (e & f) - The amendments to the Conditional Use Permit (CUP) regulations do not include a proposal for physical development of any site, and do not propose or affect any regulation that would result in exposing people to excessive noise levels associated with an airport. In addition, the Comprehensive Land Use Plan for McClellan-Palomar Airport, will ensure that future residential development will not be exposed to excessive noise levels generated by the airport. Also, any future development proposal that is subject to the amended regulations will be subject to further environmental review pursuant to CEQA on a site-specific basis. POPULATION AND HOUSING - Would the project: a) Induce substantial growth in an area either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? Less Than Significant Impact - The amendments to the Conditional Use Permit (CUP) regulations do not include a proposal for physical development of any site, and therefore will not directly induce any growth. The amended regulations will not induce growth. Future development that is approved subject to the amended regulations will be required to be consistent with the City's growth projections contained in the Growth Management Program, which ensures adequate public facilities and infrastructure are constructed to serve existing and future development. In addition, any future development proposal that is subject to the amended regulations will be subject to further environmental review pursuant to CEQA on a site-specific basis. b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? No Impac(^(b & c) - The amendments to the Conditional Use Permit (CUP) regulations do not include a proposal for physical development of any site, and do not propose or affect any regulation that would result in the displacement of any existing housing or people. Any future development proposal that is subject to the amended regulations will be subject to further environmental review pursuant to CEQA on a site-specific basis. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered government facilities, a need for new or physically altered government facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services: i. Fire protection? ii. Police protection? 30 Rev. 07/03/02 iii. Schools? iv. Parks? v. Other public facilities? No Impact - The amendments to the Conditional Use Permit (CUP) regulations do not include a proposal for physical development of any site, and do not propose or affect any regulation that would result in adverse impacts to the maintenance of acceptable service ratios, response times or other performance objectives for any public service (fire & police protection, schools, parks and other public facilities). Any future development proposal that is subject to the amended regulations will be subject to further environmental review pursuant to CEQA on a site-specific basis. RECREATION a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? No Impact (a & b) - The amendments to the Conditional Use Permit (CUP) regulations do not include a proposal for physical development of any site. As part of the City's Growth Management Program, a performance standard for parks was adopted. Any future development subject to the amended regulations will be required to comply with the performance standards of the Growth Management Program, which will ensure that the development will not adversely impact any park facilities. Also, any future development proposal that is subject to the amended regulations will be subject to further environmental review pursuant to CEQA on a site-specific basis. TRANSPORTATION/TRAFFIC—Would the project: a) Cause an increase in traffic that is substantial in relation to the existing traffic load and capacity of the street system? No Impact - The amendments to the Conditional Use Permit (CUP) regulations do not include a proposal for physical development of any site. A performance standard for traffic is part of the City's Growth Management Program. Future development that is subject to the amended regulations will be required to comply with this performance standard, which ensures future development will not exceed the traffic load and capacity of the city's street system. In addition, future development will be subject to further environmental review pursuant to CEQA on a site-specific basis. b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? No Impact - SANDAG acting as the County Congestion Management Agency has designated three roads (Rancho Santa Fe Rd., El Camino Real and Palomar Airport Rd.) and two highway segments in Carlsbad as part of the regional circulation system. The Existing and Buildout average daily traffic (ADT) and Existing LOS on these designated Eoads and highways in Carlsbad is: Existing ADT* LOS Buildout ADT* Rancho Santa Fe Road 15-32 "A-C" 28-43 El Camino Real 21-50 "A-C" 32-65 Palomar Airport Road 10-52 "A-B" 29-77 SR78 120 "F" 144 1-5 183-198 "D" 219-249 *The numbers are in thousands of daily trips. The Congestion Management Program's (CMP) acceptable Level of Service (LOS) standard is "E", or LOS "F" if that was the LOS in the 1990 base year (e.g., SR 78 in Carlsbad was LOS "F" in 1990). Accordingly, all designated roads and highways are currently operating at or better than the acceptable standard LOS. 31 Rev. 07/03/02 Note that the buildout ADT projections are based on the full implementation of the region's general and community plans. Achievement of the CMP acceptable Level of Service (LOS) "E" standard assumes implementation of the adopted CMP strategies. Based on the design capacity(ies) of the designated roads and highways and implementation of the CMP strategies, they will function at acceptable level(s) of service in the short-term and at buildout. This project proposes no physical development of a property. Further, it does not propose to change or add a standard that would affect levels of service as established by the CMP. Any future development subject to The amended regulations will be subject to further environmental review pursuant to CEQA and the CMP on a site- specific basis. c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? No Impact - The amendments to the Conditional Use Permit (CUP) regulations do not include a proposal for physical development of any site, and do not propose or affect any regulation that would result in a change in air traffic patterns or result in substantial safety risks associated with air traffic patterns. Any future development proposal that is subject to the amended regulations will be subject to further environmental review pursuant to CEQA on a site-specific basis d) Substantially increase hazards due to a design feature or incompatible uses? No Impact - The amendments to the Conditional Use Permit (CUP) regulations do not include a proposal for physical development of any site, and do not propose or affect any regulation that would cause a future project to increase hazards due to a design feature or incompatible use. Any future development proposal that is subject to the amended regulations will be subject to further environmental review pursuant to CEQA on a site-specific basis. e) Result in inadequate emergency access? f) Result in inadequate parking capacity? No Impact (e & f) - The amendments to the Conditional Use Permit (CUP) regulations do not include a proposal for physical development of any site, and do not propose or affect any regulation that would result in inadequate emergency access or parking capacity. Any future development proposal that is subject to the amended regulations will be subject to further environmental review pursuant to CEQA on a site-specific basis. g) Conflict with adopted policies, plans or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks, etc.)? No Impact - The amendments to the Conditional Use Permit (CUP) regulations do not include a proposal for physical development of any site, and do not propose or affect any regulation that would conflict with adopted policies, plans or programs supporting alternative transportation. Any future development proposal that is subject to the amended regulations will be subject to further environmental review pursuant to CEQA on a site-specific basis. 32 Rev. 07/03/02 UTILITIES AND SERVICES SYSTEMS - Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? No Impact - The amendments to the Conditional Use Permit (CUP) regulations do not include a proposal for physical development of any site, and do not propose or affect any regulation that would cause future development to exceed any wastewater treatment requirements. Any future development proposal that is subject to the amended regulations will be subject to the requirements of the Regional Water Quality Control Board, and further environmental review pursuant to CEQA, on a site-specific basis. b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which would cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? No Impact (b, c, d & e) - The amendments to the Conditional Use Permit (CUP) regulations da not include a proposal for physical development of any site, and do not propose or affect any regulation that would increase the need for, or conflict with the current growth projections for water facilities, wastewater treatment or drainage facilities. All public facilities, including water facilities, wastewater treatment facilities and drainage facilities, have been planned and designed to accommodate the growth projections for the City at build-out Any future development subject to the amended regulations will be subject to the City's Growth Management Program, and further environmental review pursuant to CEQA on a site-specific basis. ^ f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid waste? No Impact (f & g) - The amendments to the Conditional Use Permit (CUP) regulations do not include a proposal for physical development of any site, and do not propose or affect any regulation that would conflict with any regulations related to solid waste, or impact the ability to accommodate solid waste disposal needs within the city. Any future development subject to the amended regulations will be subject to further environmental review pursuant to CEQA on a site-specific basis. MANDATORY FINDINGS OF SIGNIFICANCE % a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? No Impact - The amendments to the Conditional Use Permit (CUP) regulations do not include a proposal for physical development of any site, and do not propose or affect any regulation that would have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory. Any future development subject to the amended regulations will be subject to further environmental review pursuant to CEQA on a site-specific basis. 33 Rev. 07/03/02 b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects?) No Impact - San Diego Association of Governments (SANDAG) projects regional growth for the greater San Diego area, and local general plan land use policies are incorporated into SANDAG projections. Based upon those projections, region-wide standards, including storm water quality control, air quality standards, habitat conservation, congestion management standards, etc, are established to reduce the cumulative impacts of development in the region. All of the City's development standards and regulations are consistent with the region-wide standards. The City's standards and regulations, including grading standards, water quality and drainage standards, traffic standards, habitat and cultural resource protection regulations, and public facility standards, ensure that development within the City will not result in a significant cumulatively considerable impact. There are two regional issues that development within the City of Carlsbad has the potential to have a cumulatively considerable impact on. Those issues are air quality and regional circulation. Development of future projects subject to the amended regulations may represent a contribution to a cumulatively considerable potential net increase in emissions throughout the air basin. However, emissions associated with a future development would be minimal. Given the limited emissions potentially associated with future development, air quality would be essentially the same whether or not the development is implemented. With regard to circulation, the County Congestion Management Agency (CMA) has designated three roads (Rancho Santa Fe Rd., El Camino Real and Palomar Airport Rd.) and two highway segments in Carlsbad as part of the regional circulation system. The CMA has determined, based on the City's growth projections in the General Plan, that these designated roadways will function at acceptable levels of service in the short-term and at build-out. The proposed amendments will not affect any policies or standards that would conflict with City or region-wide standards. Also, the proposed amendments do not include a proposal for physical development of any site; therefore, the project will not result in an individually or cumulatively considerable environmental impact. Any future development subject to the amended regulations will be subject to further environmental review pursuant to CEQA on a site-specific basis. c) Does the project have environmental effects, which will cause the substantial adverse effects on human beings, either directly or indirectly? No Impact - The amendments to the Conditional Use Permit (CUP) regulations do not include a proposal for physical development of any site, and do not propose or affect any regulation that would cause substantial adverse effects on human beings, either directly or indirectly. Any future development subject to the amended regulations will be subject to further environmental review pursuant to CEQA on a site-specific basis. 34 Rev. 07/03/02 EARLIER ANALYSIS USED AND SUPPORTING INFORMATION SOURCES The following documents were used in the analysis of this project and are on file in the City of Carlsbad Planning Department located at 1635 Faraday Avenue, Carlsbad, California, 92008. 1. Final Master Environmental Impact Report for the City of Carlsbad General Plan Update (MEER. 93-01). City of Carlsbad Planning Department. March 1994. 2. Carlsbad General Plan. September 6, 1994. 3. Carlsbad Municipal Code. Title 21. Zoning 4. Carlsbad Local Facilities Management Zones 5. City of Carlsbad Geotechnical Hazards Analysis and Mapping Study. November 1992. 35 Rev. 07/03/02 1 PLANNING COMMISSION RESOLUTION NO. 5959 2 3 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING 4 APPROVAL OF A ZONE CODE AMENDMENT TO REVISE 5 THE PROCEDURES AND REGULATIONS GOVERNING 6 USES ALLOWED UPON THE APPROVAL OF A CONDITIONAL USE PERMIT (CUP). 7 CASE NAME: CUP CODE REVISIONS 8 CASE NO.: ZCA 04-09 o WHEREAS, in accordance with Section 21.52.020 of the Carlsbad Municipal 10 11 Code, the Planning Director has prepared an amendment to Title 21 of the Municipal Code 12 (Zoning Ordinance) relating to procedures and regulations governing uses allowed upon the 13 14 approval of a Conditional Use Permit (CUP); and WHEREAS, the proposed amendment is set forth in the draft City Council 16 17 Ordinance, Exhibit "X," dated January 4, 2006, and attached hereto CUP CODE REVISIONS 18 - ZCA 04-09; and 19 WHEREAS, the Planning Commission did on the 4th day of January 2006, hold 21 a duly noticed public hearing as prescribed by law to consider said request; and 22 WHEREAS, at said public hearing, upon hearing and considering all testimony A+J 24 and arguments, if any, of all persons desiring to be heard, analyzing the information submitted by 25 staff, and considering any written comments received, the Planning Commission considered all26 27 factors relating to the Zone Code Amendment. 28 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Planning Commission hereby RECOMMENDS APPROVAL of CUP CODE REVISIONS - ZCA 04-09, based on the following findings: Findings: 2 3 1. The proposed Zone Code Amendment, ZCA 04-09, is consistent with the General Plan in that it provides an updated and streamlined permit process to allow for the development of: a) convenient and desirable land uses within certain zones when 5 such uses are designed or are subjected to specific conditions to assure compatibility within the zone and its surroundings; b) schools, parks and recreational areas, churches and commercial uses in close proximity to each resident of the City; c) ' agricultural uses (greenhouses) throughout all zones of the City and d) residential 8 uses in the Planned Industrial zone and in commercial zones above ground floor » commercial uses. 2. The proposed Zone Code Amendment, ZCA 04-09, reflects sound principles of good I \ planning in that it: a) ensures internal consistency between the Conditional Use Permit Chapter 21.42 and all other land use zones within the City's Zoning Ordinance and b) implements the goals and objectives of the General Plan. 13 14 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 4th day of January 2006, by the 16 17 following vote, to wit: AYES: Chairperson Segall, Commissioners Baker, Cardosa, Dominguez, 19 Heineman, Montgomery, and Whitton 20 NOES: 21 22 23 24 25 26 27 JEFFRE N. SEGALL, Chairperson 28 CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Assistant Planning Director PC RESO NO. 5959 -2- 1 PLANNING COMMISSION RESOLUTION NO. 5960 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING 3 APPROVAL OF AN AMENDMENT TO THE IMPLEMENTING ORDINANCE OF THE CARLSBAD LOCAL COASTAL 4 PROGRAM TO REVISE THE PROCEDURES AND REGULATIONS GOVERNING USES ALLOWED UPON THE APPROVAL OF A CONDITIONAL USE PERMIT (CUP). 6 CASE NAME: CUP CODE REVISIONS CASE NO: LCPAQ4-15 7 WHEREAS, California State law requires that the Local Coastal Program,8 n General Plan, and Zoning designations for properties in the Coastal Zone be in conformance; and 10 WHEREAS, City of Carlsbad, "Developer," has filed a verified application for 11 an amendment to the Local Coastal Program implementing ordinance; and 12 WHEREAS, said verified application constitutes a request for a Local Coastal 13 Program Amendment as shown on Exhibit "X" dated January 4, 2006, attached to Planning 14 Commission Resolution No. 5959 and incorporated herein by reference, as provided in Public . , Resources Code Section 30574 and Article 15 of Subchapter 8, Chapter 2, Division 5.5 of Title 17 14 of the California Code of Regulations of the California Coastal Commission Administrative 18 Regulations; and 1 Q WHEREAS, the Planning Commission did on the 4th day of January 2006, hold 20 a duly noticed public hearing as prescribed by law to consider said request; and 21 WHEREAS, at said public hearing, upon hearing and considering all testimony 22 anci arguments, if any, of all persons desiring to be heard, said Commission considered all factors £*D 24 relating to the Local Coastal Program Amendment; and 25 WHEREAS, State Coastal Guidelines requires a six week public review period 2" for any amendment to the Local Coastal Program. 2 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 28 Commission of the City of Carlsbad, as follows: A) That the foregoing recitations are true and correct. B) At the end of the State mandated six week review period, starting on July, 2005 2 and ending on September, 2005, staff shall present to the City Council a summary of the comments received. 3 C) That based on the evidence presented at the public hearing, the Commission 4 RECOMMENDS APPROVAL of CUP CODE REVISIONS - LCPA 04-15 - based on the following findings, and subject to the following conditions: 5 Findings: 7 1. That the proposed Local Coastal Program Amendment meets the requirements of, and is in conformity with, the policies of Chapter 3 of the Coastal Act and all applicable policies of the Carlsbad Local Coastal Program, in that no development or construction is proposed with this amendment and all future conditional use permits within the Coastal Zone would be subject to discretionary review and a Coastal Development Permit to ensure consistency with Local Coastal Program policies. 11 2. That the proposed amendment to the implementing ordinance of the Carlsbad Local Coastal Program is required to bring it into consistency with the City's Zoning 12 Ordinance. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PC RESO NO. 5960 -2- 1 PASSED, APPROVED AND ADOPTED at a regular meeting to the Planning 2 Commission of the City of Carlsbad, held- on the 4th day of January 2006, by the following 3 vote, to wit: 4 - AYES: Chairperson Segall, Commissioners Baker, Cardosa, Dominguez, Heineman, Montgomery, and Whitton 6 NOES: ABSENT:8 9 /n ABJ^f: 10 11 .£ ±J • l^f _&K *"4"L » • 9^ JEFFRE N. SEGALL, Chairperson 12 CARLSBAD PLANNING COMMISSION 13 ATTEST: 14" 15 DON NEU Assistant Planning Director 17" 18 19 20 21 22 23 24 25 26 27 28 PC RESO NO. 5960 -3- * 'me City of Carlsbad Planning Department EXHIBIT 5 A REPORT TO THE PLANNING COMMISSION Item No. P.C. AGENDA OF: January 4, 2006 Application complete date: N/A Project Planner: Chris DeCerbo, Don Neu Project Engineer: N/A SUBJECT: ZCA 04-09/LCPA 04-15 - CUP CODE REVISIONS - Request for a Negative Declaration, Zone Code Amendment, and Local Coastal Program Amendment to revise the procedures and regulations governing uses allowed upon the approval of a Conditional Use Permit (CUP). I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 5958, RECOMMENDING ADOPTION of the Negative Declaration issued by the Planning Director and ADOPT Planning Commission Resolutions No. 5959 and 5960 RECOMMENDING APPROVAL of Zone Code Amendment ZCA 04-09 and Local Coastal Program Amendment LCPA 04-15, based upon the findings contained therein. II. INTRODUCTION The proposal involves a City-initiated Zone Code Amendment and Local Coastal Program Amendment to revise procedures and regulations governing uses allowed upon the approval of a Conditional Use Permit (CUP). The proposal is consistent with the applicable portions of the General Plan and internally consistent with the Zoning Ordinance and the Local Coastal Program. III. BACKGROUND AND PROJECT DESCRIPTION Background Staff is aware of the need for an efficient and timely review of private development projects, and continually reviews ways to simplify and shorten the processing time. This is done not only for the benefit of the project applicants, but also for the benefit of staff to ensure that our own internal procedures are as efficient and effective as possible. Accordingly, in December of 2003 and January of 2004, the Carlsbad Planning Department conducted a survey of external customers (i.e.; Architects, Developers, Engineers, Consultants, Contractors, Business Persons, and Homeowners) and City staff (i.e.; Planning, Engineering, Building, Fire Prevention, Housing and Redevelopment, and Economic Development) to comprehensively assess the City's development review process. The City's primary objective in conducting the survey was to get direct feedback from those customers most familiar with the City's development review process regarding ways to 0 ZCA 04-09/LCPA 04-15 - C JP CODE REVISIONS January 4, 2006 Page 2 streamline the process (thereby "improving customer service") by revising or deleting steps from the development review process that do not add value. One of the highest priority survey recommendations (based upon the number of multiple survey responses) is to streamline the City's Conditional Use Permit process. Specific survey comments regarding this recommendation include the following: 1. Review Chapter 21.42 (Conditional Use Permits) to determine if all of the uses listed need a CUP. 2. Evaluate the conditional use permits required by the City to determine if any presently requiring a public hearing can be changed to be administrative or ministerial permits. 3. Make stealth cell facilities in preferred (non-residential) zones an Administrative Permit rather than a CUP. 4. Delete the requirement for CUPs for minor accessory structures in existing City parks and facilities. 5. Eliminate CUP expiration dates and the need for CUP extensions. Project Description Over this past year the Planning Department has undertaken a comprehensive analysis of the City's CUP process. As a part of this analysis, staff researched the zoning codes of and interviewed planning staff from twenty (20) other local and/or coastal cities in the State (i.e.; San Diego, Chula Vista, Encinitas, Santee, Irvine, Newport Beach, Santa Clarita, Dana Point, Costa Mesa, Laguna Beach, Glendale, Santa Barbara, Long Beach, San Clemente, Huntington Beach, Monterey, Carmel, Pismo Beach, Riverside and Temecula) to get information and feedback on their CUP procedures. Based upon this analysis, the City of Carlsbad Planning Department is requesting approval of a Zone Code Amendment and Local Coastal Program Amendment to revise the existing review procedures and regulations governing uses allowed upon the approval of a Conditional Use Permit (CUP). Reference can be made to Attachment "A" (Strikeout/Highlight version of amended Chapter 21.42) or Exhibit "X" to review in detail all text revisions. Table "A" includes proposed conditional uses and approval authority revisions by City zone. The proposed amendments directly address all of the survey recommendations noted above, and entail a comprehensive overhaul of the City's Zoning Ordinance regarding Conditional Use Permits, including the following components: •* (1) Reformatting the Zoning Ordinance (Title 21) to place all conditional uses and the designated approval authority in "Permitted Use" tables in the individual land use zones rather than in the CUP Chapter (21.42) of the code. This Zone Code format was originally adopted by the City Council in 2004 as a part of ZCA 03-02 (Residential General Plan and Zoning Consistency Amendments). This format is user friendly in that permitted and conditionally permitted uses are listed in each specific zone chapter, so that a person only has to look in one chapter to find the uses permitted and conditionally permitted in a zone. (2) Updating the Conditional Use Permit Chapter 21.42 to add code sections that address: • Purpose; ,~ ZCA 04-09/LCPA 04-15 - CUP CODE REVISIONS January 4,2006 Page 3 • Authority; • Application and fees; • Public notice and hearings; • Decision making process; • Announcement of findings and decision; and • Appeals, expiration, revocation and amendment of conditional use permits. Most of these Code sections are currently included in Chapter 21.50 (Variances and Conditional Use Permits) of the existing Zoning Ordinance. These sections will be deleted from this blended Variance/Conditional Use Permit Chapter 21.50 and moved to Conditional Use Permit Chapter 21.42. As a result, Chapter 21.50 will deal exclusively with Variances. The other existing sections of CUP Chapter 21.42 (i.e.; Findings of Fact, Conditions which may be added prior to granting permit and Development Standards and Special Regulations) will be retained in CUP Chapter 21.42, thereby resulting in an all- inclusive, comprehensive Zoning Ordinance Chapter allocated to CUPs. (3) Modifying some commercial and industrial land use zones to allow "by right" specific commercial and industrial uses respectively that previously required the approval of a CUP because they are considered similar to and compatible with other permitted uses in each zone. The uses include: • Delicatessens in the C-l, C-2, C-T, C-L, C-M and M zones and, • Restaurants in the C-l zone - Delicatessens and restaurants have historically been both desirable and compatible uses in the commercial zones of the City. • Athletic clubs and gyms in the C-l, C-2, C-T, and C-L zones - With the recent revision to the City's athletic club/gym parking standard to 1 space/ 200 square feet (which is the same parking standard for commercial uses) gyms are regarded as compatible uses in commercial zones. • Educational, training and tutoring schools for trades, cosmetology, pet grooming, music, dance, martial arts, gymnastics and language in the C-2, C-T and C-L zones - These types of desirable community services are commonly located in commercial centers. They are referred to as "Other Educational Facilities" which are not subject to the California Education Code nor standards set by the State Board of Education. • Bookbinding/book printing/publishing in the C-M, M and P-M zones - These uses were formerly regarded as "dirty" manufacturing uses because of the chemicals that were used in the production process. However, with the improvement in the manufacturing technology, these uses are now regarded as compatible uses within an office/industrial setting. (4) Allowing carnivals and circuses in non-residential zones to be approved administratively through a Special Events Permit rather than through a Conditional Use Permit before the Planning Commission. Pursuant to the City's Special Event Permit Ordinance (Chapter 8.17 of the Carlsbad Municipal Code), carnivals and circuses qualify as "Special Events" and therefore may be approved through the City's Special Event Permit process. This process is administered by the Carlsbad Police Department. The Police Department, in conjunction with a multi-departmental Special Events Committee, reviews and ZCA 04-09/LCPA 04-15 - CUP CODE REVISIONS January 4, 2006 Page 4 administratively approves Special Event Permit proposals subject to consistency with the regulations of the Special Event Permit Ordinance. Historically, this Committee has reviewed and approved a wide variety of popular City of Carlsbad events including: the Street Fair, Carlsbad Marathon and Art Splash. The City's Conditional Use Permit Ordinance (Section 21.42.010(5)(B)) also specifies that commercial carnivals and circuses in non-residential zones may be allowed subject to the approval of a CUP. To clarify this inconsistency, staff is recommending that carnivals and circuses in non-residential zones be allowed through a Special Events Permit rather than through a Conditional Use Permit. The primary justification for this recommendation is that circuses and carnivals, because of their limited duration (typically no longer than 1-2 weeks) are more appropriately classified as "events" rather than permanent land uses. (5) Establishing a minor CUP process whereby specific less-controversial conditional uses may be approved administratively by the Planning Director rather than at a public hearing before the Planning Commission. Of the 20 California cities that were researched by staff, all of them had a minor CUP process for these less-controversial conditional uses. The primary objective and benefit of a minor CUP process is that the required processing time for a use permit is reduced by up to 50% compared to a regular CUP. The processing time is reduced by eliminating the requirement for a formal public hearing before the Planning Commission and instead delegating the decision-making authority to the Planning Director. The proposed minor CUP process, discussed below, will duplicate the City's existing Administrative Variance review process (Chapter 21.51 of the CMC). Under this new administrative process, upon the receipt of a complete minor CUP application and resolution of all project issues, the Planning Director shall give written notice by mail to the project applicant, the owner of the subject property and to all property owners within three hundred (300) feet of the subject property. Any person so notified may file written objections or a written request to be heard within ten (10) days after the mailing of the notice. If a written request to be heard is filed, the 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 formal public hearing. Following the completion of the proceedings for a minor conditional use permit, the Planning Director shall announce his/her findings by letter to the applicant. The Planning Director may approve the minor conditional use permit if all of the required findings of fact for the proposed CUP are found to exist. The Planning Director's decision may be appealed to the Planning Commission, The uses that are proposed to be processed as minor CUPs in specific zones are listed below. The City's historical experience with these types of conditional uses is that they are generally compatible with and good neighbors to the uses that are permitted in the ZCA 04-09/LCPA 04-15 - CUP CODE REVISIONS January 4, 2006 PageS respective zones. The uses in this list are also commonly processed as minor CUPs in other California cities. • Auto storage/impound yards, parking facilities (as a primary use) and recreational vehicle storage in the C-M, M and P-M zones, • Aviaries in the E-A zone, • Small animals and bee keeping in the E-A and R-A zones, • Greenhouses (> 2000 square feet) and packing/sorting sheds in all zones, • Hay/feed stores in the E-A zone, • Plant nurseries in the E-A, R-A, R-E and C-2 zones, • Produce stands in the R-E and C-T zones, • Veterinary clinics in the E-A, O, C-l, C-2, C-M, M and P-M zones, • Coin operated arcades in the C-l, C-2, C-T, C-M and C-L zones, • Bait shops in the R-T and C-T zones, • Indoor theaters in the C-l, C-2, C-T, C-M and C-L zones, • Outdoor theaters in the C-L zone, • Bed and breakfasts in the R-3, R-D-M, R-T, R-P and C-T zones, • Delicatessens in the R-P, O and P-M zones, • Small convenience stores (< 2,501 square feet) in the C-T zone, • Satellite antennas in the C-M, M and P-M zones, • Small recycling/collection facilities in the C-l, C-2, C-T, C-M, M, P-M, P-U, O-S and C-L zones, • Training and tutoring schools for cosmetology, pet grooming, music, dance, martial arts, gymnastics and language in the O zone, and • Wireless communication facilities that are located in preferred locations and comply with the stealth design guidelines consistent with City Council Policy Statement No. 64 (Wireless Communication Facilities). (6) Modifying the approval authority from the Planning Commission to the City Council for specific unique and/or potentially controversial conditional uses (listed below). Research of other California jurisdictions reveals that conditional use permits for these types of uses are also subject to review by the highest decision-making authority in each City (typically the City Council). • -Amusement parks in the C-l, C-2, C-T and C-M zones, • Fairgrounds and stadiums in the E-A, O, C-l, C-2, C-T, C-M, M, P-M, P-U and O-S zones, • Airports in the E-A, O, C-l, C-2, C-T, C-M, M, P-M and P-U zones, • Cemeteries in all zones, • Oil and gas facility in the C-M, M and P-M zones, • Hazardous waste facility in the C-M, M, P-M and P-U zones, • Public dumps in the M zone. (7) No longer allowing some previously allowed conditional uses in specific zones because they are not considered compatible uses based upon accepted planning principles. The \2>% ZCA 04-09/LCPA 04-15 - CUP CODE REVISIONS January 4,2006 Page 6 conditional uses, identified below, were originally listed in a wide variety of zones in the City's original Zoning Ordinance. The listing of certain conditional uses in what appear to be inappropriate zones is likely attributable to the format of the original code, which includes general text statements allowing specific uses to be conditionally permitted in "all zones except residential" or "any zone other than ...". As an example, the existing code currently allows the following clearly incompatible urban uses (gas stations, drug paraphernalia stores, pool halls, escort services, bowling alleys, coin operated arcades and racetracks) in the Open Space and Exclusive Agricultural zones. This proposed code revision will eliminate these permitted use inconsistencies. The conditional uses that are recommended for deletion from specific zones include: • Gas stations in the E-A, O and P-U zones, • Parking facilities (as a primary use) in the R-D-M and R-T zones, • Recreational vehicle storage in the R-3, R-D-M, R-P, and C-2 zones, • Plant nurseries in the C-l, C-T, C-M, M and P-M zones, • Slaughter houses in the M zone, • Veterinary clinics in the C-T, P-U and 0-S zones, • Amusement parks in the O, M, P-M, P-U and O-S zones, • Coin operated arcades in the O, M, P-M, P-U and O-S zones, • Bowling alleys in the E-A, O, M, P-M, P-U and O-S zones, • Escort services in the E-A, P-U and O-S zones, • Pool halls in the E-A, O, M, P-M, P-U, and O-S zones, • Racetracks in the E-A, O, P-U and O-S zones, • Indoor theaters in the E-A zone, • Outdoor theaters in the O, C-M, M, P-M, and P-U zones, • Alcoholic treatment centers in the E-A, C-T, and O-S zones, • Hospitals and mental hospitals in the E-A, C-T and O-S zones, • Timeshares in the O zone, • Crematories in the C-T zone, • Airports in the O-S zone, • Public dumps in the E-A and R-A zones, • Delicatessens in the P-U and O-S zones, • Drug paraphernalia stores in the E-A, O, C-M, M, P-M, P-U and O-S zones, • Mini-warehouse in the E-A, O, C-l, C-2, C-T, P-U and O-S zones, • * Mortuaries in the R-P, C-T and P-M zones, • Pawnshops, thrift shops and tattoo parlors in the E-A, O, C-T, P-M, P-U and O-S zones. (8) The addition of new definitions for: delicatessen, gas station, other educational facilities, and public\quasi-public office buildings and accessory utility buildings\facilities to Chapter 21.04 of the Zoning Ordinance. Currently, there are no definitions for these uses in the Zoning Ordinance. These new definitions are being added to clearly distinguish what the uses are since the Zoning Ordinance requires CUPs for the uses in certain zones. ZCA 04-09/LCPA 04-15 - CUP CODE REVISIONS January 4, 2006 Page? _ (9) The addition of a new "delicatessen" parking standard (1 space/250 square feet) to Chapter 21.44 of the zoning ordinance. There currently is no codified parking standard for delicatessens in the zoning ordinance. The proposed parking standard (1 space/250 square feet) has historically been applied to delicatessen uses within the City. nO)Revising the City's practice of: • Approving CUPs with time specific expiration dates (i.e.: 5 or 10 years): and • Requiring conditional use permit extensions beyond the expiration date. Currently all CUPs in the City (with the exception of City facilities) are approved for a limited period of time (from 5 to 10 years) and at the end of that period of time are required (by practice) to be reheard by the Planning Commission or City Council for an extension of time (typically an additional 5 or 10 years). It is important to note that this City practice is not a requirement of the Carlsbad Municipal Code. In addition, historical experience with this City process has revealed that most CUPs are routinely extended without issues or additional conditions of approval. Staff research of other California jurisdictions revealed that most do not approve conditional uses for a limited period of time nor require permit extensions. Instead, conditional use permits are approved in perpetuity subject to the condition that the City has continuing jurisdiction over the permit and may revoke the permit or modify or impose new conditions on the use through a public hearing. CUP Chapter 21.42 is proposed for modification to add new Section 21.42.120 (Revocation), which clearly states that the City has ongoing authority over all conditional use permits and may revoke the permit or modify or add new conditions to the permit through a noticed public hearing. This new section identifies the circumstances under which an approved CUP may be revoked or amended including: • That the use has been exercised contrary to any of the terms or conditions of approval; or • That the use is being or has been so exercised as to be detrimental to the public health, safety or welfare or so as to constitute a nuisance; or • That the use is in violation of any statute, ordinance, law or regulation. For reference, every CUP in the City is currently reviewed by staff on a yearly basis to assess the project's compliance with conditions of approval and to evaluate its overall neighborhood compatibility. With this existing procedure in practice, non-compliant and/or nuisance conditional uses can be identified and scheduled for a public hearing for revocation or amendment. In addition, new Section 21.42.110 (C) of the ordinance allows the applicable decision making authority the discretion to place an expiration date on any conditional use permit. Consistent with this recommendation to no longer have CUP expiration dates nor require permit extensions, new Section 21.42.110 (D) specifies that 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, may be hereby approved in ZCA 04-09/LCPA 04-15 - CuP CODE REVISIONS January 4, 2006 PageS perpetuity administratively by the Planning Director without the requirement to extend the conditional use permit. Staff is however recommending that conditional use permits for Wireless Communication Facilities (WCF) continue to be approved for a limited period of time (5 years). This recommendation is based upon the facts that City Council Policy No. 64 on Wireless Communication Facilities strongly promotes the use of stealth design techniques so that the facilities are not seen or easily noticed and because of the rapidly evolving nature of the WCF technology, which will likely lead to innovations in stealth cellular facility design. The requirement to process a CUP extension will provide the City an opportunity to ensure that all older WCFs are updated to the latest stealth design. IV. ANALYSIS A. General Plan The proposal to revise procedures and regulations governing uses allowed upon the approval of a Conditional Use Permit (CUP) is consistent with the applicable policies and programs of the General Plan. Particularly relevant to the proposed zone code amendment are the Land Use, and Housing elements. Table 1 below indicates how the project complies with these particular elements of the General Plan. TABLE 1 - GENERAL PLAN COMPLIANCE Element Use Classification, Goal, Objective, or Program Proposed Use and Improvements Compliance Land Use Provide for an orderly balance of land uses within convenient and compatible locations throughout the community. The proposed ordinance amendment provides an updated and streamlined permit process to allow for the development of convenient and desirable land uses within certain zones when such uses are designed or are subjected to specific conditions to assure compatibility within the zone and its surroundings. Yes Land Use Provide for a sufficient diversity of land uses so that schools, parks and recreational areas, churches and neighborhood shopping centers are available in close proximity to each resident of the City. The proposed ordinance amendment provides a permit process to allow for the development of schools, parks and recreational areas, churches and commercial uses in close proximity to each resident of the City. Yes ZCA 04-09/LCPA 04-15 - CuP CODE REVISIONS January 4, 2006 Page 9 TABLE 1 - GENERAL PLAN COMPLIANCE CONTINUED Element Land Use Housing Use Classification, Goal, Objective, or Program Permit agricultural land uses throughout the City. Encourage increased integration of housing with non-residential development. Proposed Use and Improvements The proposed ordinance amendment provides a permit process to allow agricultural uses (greenhouses) throughout all zones of the City. The proposed ordinance amendment provides a permit process to allow residential uses in the Planned Industrial zone and in commercial zones above ground floor commercial uses. Compliance Yes Yes Given the above, the proposal to revise procedures and regulations governing uses allowed upon the approval of a Conditional Use Permit (CUP) is consistent with the applicable elements of the General Plan. B. Local Coastal Program Amendment The proposed revisions to the Zoning Ordinance would apply within the City's Coastal Zone. Since the Zoning Ordinance serves as the implementing ordinance for the City's Local Coastal Program, a Local Coastal Program Amendment is needed to effectuate the Zone Code Amendment in the Coastal Zone. The policies of the Local Coastal Program emphasize topics such as preservation of agricultural lands and scenic resources, protection of environmentally sensitive resources, provision of shoreline access, and prevention of geologic instability and erosion. The proposed revisions to the Zoning Ordinance would be consistent with the policies of the Local Coastal Program. No permanent construction or development is involved with the proposed amendment. In addition, the development of a conditional use on a particular site would require a Conditional Use Permit and, if located in the Coastal Zone, a Coastal Development Permit. This required discretionary review would ensure that the proposed conditional use is consistent with the policies of the Local Coastal Program. By processing a Local Coastal Program Amendment, consistency between the City's Zoning Ordinance and Local Coastal Program would be maintained. Given the above, the revision to the procedures and regulations governing uses allowed upon the approval of a Conditional Use Permit (CUP) is consistent with the Local Coastal Program. V.ENVIRONMENTAL REVIEW The proposed ordinance amendment was reviewed for potentially adverse environmental impacts in accordance with the requirements of the California Environmental Quality Act (CEQA). ZCA 04-09/LCPA 04-15 - C JP CODE REVISIONS January 4, 2006 Page 10 Since the proposal does not involve physical development, potential impacts of the development of conditional uses on a site will be reviewed at the time of project proposal. As discussed above, the proposed ordinance is consistent with the applicable policies of the General Plan. Given the environmental analysis, a Notice of Intent to Issue a Negative Declaration was posted on May 22, 2005 for public review. No comments were received during the 30-day review period. ATTACHMENTS: 1. Planning Commission Resolution No. 5958 (Neg. Dec.) 2. Planning Commission Resolution No. 5959 (ZCA) 3. Planning Commission Resolution No. 5960 (LCPA) 4. Attachment "A" dated January 4, 2006 5. Table "A" dated September 7, 2005 Attachment "A" January 4, 2006 TITLE 21 MINOR CONDITIONAL USE PERMITS AND CONDITIONAL USES PERMITS CHAPTER 21.42 21.42.010 Purpose Permitted uses. 21.42.020 Authority Facts required prior to granting permit. 21.42.030 Findings of fact Conditions which may be added prior to granting permit. 21.42.040 Conditions which may be added prior to granting permit. 21.42.050 Yard requiremonts. 21.42.060 Building height and lot area requirements. 21.42.070 Off street parking requirements. 21.42.050 Application and fees. 21.42.060 Notice and hearings. 21.42.070 Decision making process 21.42.080 Announcement of findings and decision. 21.42.090 Mailing of notice of decision. 21.42.100 Appeals. 21.42.110 Expiration period. 21.42.120 Revocation. 21.42.130 Amendment. 21.42.140 Development standards and special regulations. Attachment "A" January 4, 2006 • The Purpose section has been deleted from section 21.50.050, moved to section 21.42.010 and the text modified as shown below. 21.42.010 Purpose. A. 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 classified as permitted because of their particular characteristics. 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 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 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 use permit in accordance with the standards hereinafter set forth. 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 successor in interest. 21 .50.050 Purpose of conditional use permit. The purpose of a conditional use permit shall be: (1) To assure that the degree of compatibility made the purpose of this ordinance shall be maintained with respect to the particular use on the particular site and in consideration of other existing and potential uses within the general area in which such use is proposed to be located; (2) To recognize and compensate for variations and degree of technological processes and equipment as related to the factors of noise, smoke, dust, fumes, vibration, odors and hazards. (Ord. Q060§ 1801) • The Permitted Uses have been deleted from section 21.42.010 and moved to Table "A" in each specific zone. • The development standards and special regulations for each permitted use have been reformatted and moved from section 21. 42. 010 to new section 21.42.140 21.42.010 Permitted usos. All of the following in all matters directly related thereto are declared to be uses possessing characteristics of such unique and special form as to make impractical their being included automatically in any classes of use as set forth in the various zones herein defined, and the authority for the location and operation thereof shall be subject to review and the issuance of conditional use permits. It is also intended for uses whose approximate location is indicated in the general plan, but whose exact location and arrangements must be carefully studied. In granting the permit, certain safeguards to protect the health, safety and general welfare may be required as conditions of approval. The following uses may be permitted by approval of a conditional use permit in the following (1) R A (residential agricultural) zone only: Attachment "A" January 4, 2006 (A) Temporary public dumps; (2) All zones including residential, with the exception of the community facilities zone (Chapter 21.25) in which all uses must be specifically allowed by Chapter 21.25: (A) Cemeteries, (B) Churches, (C) Public and private schools, (D) Repealed by Ord. NS 56 § 2. (E) Golf courses (except as may be approved as part of a planned community development), • The Authority section has been deleted from section 21.50.040, moved to section 21.42.020 and modified as shown below. 21.42.020 Authority. A. 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. 21.50.040 Conditional use permit -Granting authority. The planning commission may grant a conditional use permit upon application for such matters as by this title are required to be reviewed and allowed only upon the granting of a conditional use permit. (Ord. 9060 § 1803) • The Findings section has been moved from section 21.42.020 to section 21.42.030 and modified as shown below. 21.42.030 Findings of fact. Facts required prior to granting permit. 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: 1. That the requested use is necessary or desirable for the development of the community, and is essentially in harmony with the various elements and objectives of the general plan, including, if applicable, the certified local coastal program, specific plan or master plan and is not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located; 2. That the requested use is not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located That the site for the intended use is adequate in size and shape to accommodate the use; 3. That the site for the proposed conditional use is adequate in size and shape 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 Planning Director, Planning Commission or City Council, in order to integrate the use with other uses in the neighborhood; 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; 4. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use. B. When the subject of the application for minor conditional use permit or conditional use permit is protected by the First Amendment to the United States Constitution, or Article I, Attachment "A" January 4, 2006 Section 2 of the California Constitution then only the definite objective guidelines and 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 (4) shall not apply 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 in full force and effect. (Ord. NS-365 § 7, 1996; Ord. 9812 § 1, 1986; Ord. 9252 § 1 (part), 1970: Ord. 9060 § 1401) • The Conditions section has been moved from section 21.42.030 to section 21.42.040 and modified as shown below. 21.42.040 Conditions which may be added prior to granting permit. 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, including but not limited to the following: 1. Regulation of use; 2. Special yards, space, and buffers; 3. Fences and walls; 4. Dedicating and improving public improvements; 5) Servicing of parking areas in city specifications; 5. Regulation of points of vehicular ingress and egress; 6. Requiring placement and maintenance of landscaping; 7. Regulation of noise, vibration, odors, etc.; 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; 11. 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. • Sections 21.42.050 - 21.42.070 have been reformatted and moved to new section 21.42.140. 21.42.050 Yard requirements. The provisions for required front and side yards applicable to the particular zone in which any such use is proposed to be located shall prevail, unless in the findings and conditions recited in the resolution dealing with each such matter, specific exemptions are made with respect thereto. (Ord. 0252 § 1 (part), 1970: Ord. 9060 § 11(M) 21.42.060 Building height and lot area requirements. The provisions for height and area applicable to the particular zone in which any such use is proposed to be located shall prevail, unless in the findings and conditions recited in the resolution dealing with each such matter, specific exemptions are made with respect thereto. (Ord. 9252 § 1 (part), 1070: Ord. 9060 § 1-105) 21.42.070 Off-street parking requirements. The requirements for provisions of off street parking applicable to the particular use shall prevail, unless in the findings and conditions recited in the resolution dealing with each such matter, specific exemptions are made with respect thereto. Uses granted under previous forms of this chapter shall not be affected by the enactment of this amendment thereof. (Ord. 9252 § 1 (part), 1970: Ord. 9060 § 1106) Attachment "A" January 4, 2006 Section 21.42.050 is new. 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 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. • The Notices and hearings provisions for CUP"s has been moved from section 21.50.060 to new section 21.42.060 and modified as shown below. 21.42.060 Notices and hearings. 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 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 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 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. • Section 21.42.070 is new. 21.42.070 Decision making process 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. 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 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 formal public hearing. c. An application for a minor conditional use permit may be approved, 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. 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. 2. Process Two. Attachment "A" January 4, 2006 e. To determine whether the conditional use permit is decided by process two, please refer to the use regulation table in each zone. f. An application for certain conditional use permits may be approved, 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. g. 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 fact in Section 21.42.030 are found to exist. 3. Process Three. h. To determine whether the conditional use permit is decided by process three, please refer to the use regulation table in each zone, i. An application for certain conditional use permits may be approved, conditionally approved or denied by the city council at a public hearing noticed in accordance with Sections 21.54.060, 21.54.061 and 21.54.062. j. 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, k. 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. I. 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. • The Announcement of findings and decision provisions for CUP"s has been moved from section 21.50.070 to new section 21.42.080 and modified as shown below. 21.42.080 Announcement of findings and decision. A. Not more than twenty (20) days following the termination of the proceedings of the public hearing on a minor conditional use permit, the planning director shall announce his/her findings by letter and the planning commission or city council 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. The shall order 2. That this minor conditional use permit or conditional use permit be granted or denied. 3. , and If the sweh 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 planning director, planning commission or city council may impose. • The Mailing of notice of decision provisions for CUP"s has been moved from section 21.50.090 to new section 21.42.090 and modified as shown below. 21.42.090 Mailing of notice of decision. Attachment "A" January 4, 2006 A. Not later than seven (7) days following the rendering of a decision ordering that a minor conditional use permit or conditional use permit be granted or denied, a copy of the 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. (Ord. 9060 § 1808) • Section 21.42.100 is new. 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. • Section 21.42.110 is new. 21.42.110 Expiration period. A. Expiration of permit if not exercised. Any minor conditional use permit or conditional use permit becomes null and void if not exercised within (18) months of the date of approval. 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 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 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 conditions have not substantially changed since the granting of such minor conditional use permit or conditional use permit. 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/ planning commission/city council may designate in the approval of the minor conditional use permit or conditional use permit D. All existing conditional use permits approved prior to November, 2005 which include an expiration date and a requirement to extend the permit, shall be hereby approved in perpetuity without the requirement to extend the conditional use permit. • Section 21.42.120 is new. 21.42.120 Revocation. A. The planning director/ planning commission/city council shall have continuing jurisdiction over any minor conditional use permit or conditional use permit. B. To consider the revocation of a minor conditional use permit, the planning director shall hold an informal hearing after giving notice by the same procedure as for consideration of a minor conditional use permit Attachment "A" January 4, 2006 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 as 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. 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. 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: 1. That the minor conditional use permit or conditional use permit was obtained by fraud or misrepresentation; or 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 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 been suspended for one year or more; or 5. That the use is in violation of any statute, ordinance, law or regulation; or 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 welfare or so as to constitute a nuisance. • Section 21.42.130 is new. 21.42.130 Amendment. A. Any approved minor conditional use permit or conditional use permit may be amended by following the same procedure and fee schedule. • Section 21.42.140 is new. 21.42.140 Development Standards and Special Regulations 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 the findings and conditions recited in the letter or resolution dealing with each such matter, specific exemptions are made with respect thereto: 1. Front and side yard setbacks; 2. Building height; 3. Lot area; and 4. Off street parking. •^ B. The minor conditional uses and conditional uses identified in this section shall be subject to the following special regulations: 2. Agricultural farm worker housing (temporary): a. A CUP is required unless exempted by Government Code Section 65589.4. • Apiary has been moved from section 21.07.040 to here. 5. Apiary: Attachment "A" January 4, 2006 a. All hives or boxes housing bees shall be placed at least 400 feet from 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. 10. Aquaculture stands The display and sale of products grown on the premises: a. In considering the appropriateness of such facility the minimum following criteria shall be considered: i. Safe access, ii. Adequate parking, iii. Location and appearance of structure or facility, iv. Appearance and location of signs, v. Compatibility with adjacent uses, vi. Scale of operation. 15. Arcades (coin-operated): j. No alcoholic beverages shall be permitted on premises. k. All activities shall be conducted within the confines of a structure designed to contain the noise created by such operation. I. An opening shall be provided through which an Construction shall be such as to permit unobstructed view of the interior of the premises can be obtained from the exterior of the building from the street upon which the business fronts • Bars and cocktail lounges has been moved from section 21.28.015(4) to here. 20. Bars and cocktail lounges and other licensed (on-sale) liquor dispensing operations net meeting the definition of a bona fide eating establishment, subject to the following conditions: 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 street upon which the business b. Parking shall be provided at the rate of not less than 1 space per 50 square feet of gross floor area, c. Surrounding grounds, including parking areas, shall be maintained in a neat and orderly condition at all times, 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, f. No bar or cocktail lounge licensed liquor dispensing operation shall be located within 500 feet of any other bar or cocktail lounge, licensed liquor dispensing operation not meeting the definition of a bona fide eating establishment 25. Bed and breakfast uses as defined by Section 21.04.046 of this code: 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 distinct character. Plans for all structures shall be subject to the review and approval of the planning department. 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. Attachment "A" January 4, 2006 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 interaction. 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. 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 by the planning commission; 30. Biological habitat preserve as defined by Section 21.04.048 of this code: 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 element roadways, sewer or water infrastructure improvements and drainage improvements, as provided for in the citywide facilities and improvements plan, and the certified local coastal program. b. The biological habitat preserve shall be consistent with the city's habitat management planning efforts or agency-approved habitat management plan and will not negatively impact the city's ability to obtain or implement a habitat management plan. c. The biological habitat preserve shall be consistent with the city's local coastal program. d. A conditional use permit shall not be required when a biological habitat preserve is associated with a development proposal otherwise requiring environmental review and discretionary approval by the city, or a coastal development permit. e. Nothing in this section shall be construed as permitting encroachment or impacts to environmentally sensitive habitat areas and wetlands not permitted elsewhere in the certified local coastal program. 35. Bowling alleys: a. No noise shall be audible outside of the confines of the structure, b. If alcoholic beverages are offered for consumption on site, no open container shall be permitted to be taken removed from the premises, c. Parking requirements for any bar area not meeting the definition of bona fide eating establishment shall be computed at 1 space per 50 square feet of gross floor area. 40. Campsites (overnight) Overnight: 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 Overall design for an overnight campsite shall be approved 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 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. 10 Attachment "A" January 4, 2006 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, 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 will be computed from a slope analysis of 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. v. Sites within the campground shall be clearly marked and shall be not less than 2500 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. 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, roadways, parking pads, trash or storage areas. viii.Camping spaces shall be placed at random throughout the 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 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 development. x. Landscaping and sprinkler system shall be constructed in conformance with a plan prepared approved by a registered landscape architect and approved by the planning director prior to building permit issuance. The sprinkler system shall be applied only to those areas that are not in extensive recreational use. Such landscaping shall be in conformance with but not limited to the following minimum standards: (A) The campground site shall be planted with combinations of flowers, turf, groundcovers, shrubs, and trees; said plantings shall be distributed throughout the site to create a park-like effect. (B) Trees shall be planted at a ratio of 1 for each 1000 square feet of gross land area. Ten percent (10%) of all trees shall be of specimen size, the remainder of which shall be equally divided among 15, 5 and 1 gallon sizes. 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. Plans for all structures and fences shall be subject to review and approval by the planning director 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. Commercial circuses and carnivals in addition to filing all necessary documents for a conditional use permit, also submit for consideration by the planning commission, a schedule of operations, including availability of parking, types of games, rides and amusements proposed, and proposed hours of operation. 11 Attachment "A" January 4, 2006 • Car wash has been moved from sections 21.26.015(5), 21.28.015(6) and 21.29.050(1) to here. 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 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, g. All signs shall comply with the approved sign program, or if none, the city's sign ordinance, h. Adequate means of eliminating grease and oils from drainage systems shall be provided. 50. Drive-thru restaurants businossos: Drive-thru business or drive thru facilities to existing businesses, except drive-thru restaurants, which are prohibited from all zones in the city, 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 restaurants that are either existing or have received final approvals on the effective date of the ordinance codified in this section are allowed to continue in existence subject to the terms and conditions of this code and the conditional use permit or other discretionary permit permitting them and may apply for and may be granted CUP extensions under this code. 55. Drug paraphernalia stores (as defined in Chapter 5.18 of this code): 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, community center, library, park, public beach or playground; b. No drug paraphernalia store shall have a sign or advertisement which 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 Code of the state of California. 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 60. Escort services: d. 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. Construction shall be such as to permit an unobstructed view of the interior of the premises from the street upon which the business fronts, e. No such business shall be located within 500 feet of any residential zone, f. An applicant shall submit his application for a conditional use permit shall be referred to the 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 12 Attachment "A" January 4, 2006 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 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 thirty 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 deemed approval of the application. The Planning Commission may deny an application based on the findings and recommendations of the chief of police. • A new definition for "gas stations" has been added to Chapter 21.04. "Automobile service stations" are defined as retail business establishments limited to the sale of motor fuel, the supply of goods and services generally required in the operation and maintenance of automotive vehicles, and the fulfilling of motorist's needs. These may include sale of petroleum products; sale and servicing of tires, batteries, automotive accessories and replacement items; washing and lubrication services; the performance of minor automotive maintenance. "Automobile service stations" as used in this chapter does not include chain, automatic or coin-operated wash rack, or automobile sales. 65. Gas stations: a. Permits for gas automobile service stations shall be granted only in the event 1 or more of the following factual situations is found to exist: i. That it is to be developed as part of a master-planned recreation area, industrial park, regional or community shopping center, ii. That it is to be developed as part of a freeway-service facility, containing a minimum of two freeway oriented uses, iii. That it is to be developed as part of a commercial facility that is an integral part of a planned community development, b. Development standards: i. All structures shall be architecturally designed to be compatible with surrounding neighborhood uses. ii. Landscape plans shall consist of the following: In the event a permit is granted for a n automobile service station, the following standards of development therefore shall be required as conditions of such granting: i. Planning director approval of architectural elevations to insure that the use will harmonize with the neighborhood ii.Approval of the planning director of landscape plans consisting of at least the following: (A) Perimeter planter areas of a minimum of six feet in width and planter areas adjacent to the structure, (B) Six-inch (6") concrete curb bounding all planter areas, (C) Landscaping including a combination of flowers, shrubs, and trees, (D) A sprinkler system providing total and effective coverage to all landscaped areas, (E) A statement delineating a maintenance schedule and responsibility for maintenance of landscaped areas, iii. A 6 foot high masonry wall shall be constructed on all sides of the property that adjoin residential or residential-professional zoned property. 13 Attachment "A" January 4, 2006 iv. All exterior lighting shall be shielded or oriented in such way so as not to glare on adjacent properties. v. All displays and storage shall be contained within the main structure". vi. Trash containers shall be contained within a 6 - foot high enclosure. 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 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, 1970. 70. Greenhouses greater than two thousand square feet in area and packing/sorting sheds greater than six hundred two thousand square feet in area: a. Lighting to 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 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. 75. Hazardous waste facilities as defined in Section 21.0*1.167 of this code: 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 the 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 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, 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 Management Plan. 80. Hotel and motel uses as dofinod in Sections 21.04.185 and 21.04.270 of this code: a. The application for a conditional use permit shall include the submittal of an architectural theme, colored elevations and site plan for review by the planning commission. b. When adjoining residentially zoned property, hotels and motels under this section must comply with the following provisions: i. Profit yard setbacks, buildings -- 25 feet or same distance as existing buildings or adjoining lots; driveway or parking area - 10 feet; outdoor recreational amenities --10 feet; ii. A 6 foot-high masonry wall shall be constructed along all property lines which are adjacent to residentially zoned properties (except where prohibited by approved driveways). • Liquor stores has been moved from section 21.26.015(3) to here. 85. Packaged Liquor stores (off-sale) subject to the following conditions: a. There are specifically designated parking spaces that are sufficient for the use, 14 \9 Attachment "A" January 4, 2006 b. Traffic flow on public streets or in parking areas will not cause congestion or be detrimental to other nearby neighborhood commercial uses, a. That all measures have been taken to insure compatibility with the use to the surrounding neighborhood; b. 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 street upon which the business c. Such establishment shall not be located within 500 feet of any other licensed liquor store dispensing establishment not meeting the definition of a bona fide eating establishment 90. Temporary use of Mobile buildings as defined in Section 21.04.265 of this code: 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. a. Newly placed mobile buildings shall not be installed on permanent foundations. b. All mobile buildings shall have wood or stucco siding and must be installed with skirting to screen the chassis, wheels, and temporary foundation system c. All mobile buildings must meet all applicable local, state, and federal 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 terminals, helicopter pads and the like: a. 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, ii. Approval of the proposed project will not pose a potential threat of damage or injuries to nearby residents, iii. The benefits of the proposed project clearly outweigh the possible adverse environmental effects, iv. There are no feasible alternatives to the proposed project, and v. The location and approval of the on-shore facilities at the particular 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 detrimental or injurious to property in the neighborhood, community or to the general welfare of the city. vi. *Such facilities shall also require a planned industrial permit pursuant to Chapter 21.34. 100. Parks, public: 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 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, gymnasiums, clubhouses, restrooms, trails, driveways, parking areas and fences). 15 Attachment "A" January 4, 2006 b. The development of the specific uses that are identified on the master park site plan shall not require ah additional conditional use permit or an amendment to the existing master park site plan conditional use permit. ,,_-,.. 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 20 percent of what is anticipated on the master park site plan may be approved administratively by the Planning Director. 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. c. Every structure housing such operation shall be constructed so as to provide 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 street upon which the business fronts. 110. 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. c. An opening shall be provided through which an All structures housing sush operation shall be constructed so as to permit unobstructed view of the interior of the premises can be obtained from the exterior of the building from the street upon which the business fronts 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. 115. Processing plants for farm crops, similar to those being grown on the premises: a. No processing plant shall be located within 50 feet of any lot line. • A new definition for "Public and quasi-public accessory utility buildings and facilities" has been added to Chapter 21.04. Public and quasi public accessory utility buildings and facilities including, but is not limited to, 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. 120. Recreational vehicle (RV) storage: a. Oniy 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. 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. 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 permitted. e. An accessory building, for administrative and security purposes, may be permitted by the conditional use permit. 16 Attachment "A" January 4, 2006 f. All approved recreational vehicle storage areas shall be subject to the following development standards: 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 addition, the interior circulation and parking and layout design shall be subject to the approval of the city engineer. 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 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 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-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. 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 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 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 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" 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. • Residential uses located above the ground floor of a multi-storied commercial building has been moved from sections 21.26.015(2) and 21.28.015(1) to here. 130. Residential uses located above the ground floor of a multi-storied 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. •w • Residential uses in the P-M zone has been moved from section 21.34.040 to here. 135. Residential uses in the P-M zone: a. One-family dwellings, two-family dwellings and multiple-family dwellings or a combination thereof, which serve to house the employees of businesses located in the P-M zone, may be conditionally permitted subject to the following findings: i. A planned development permit for the project has been approved, or is approved concurrently with the conditional use permit, by the city council. ii. The residential development is an integral part of an industrial park or large industrial use. 17 Attachment "A" January 4, 2006 iii. The residential development is designed to be compatible with the industrial use it serves by means of landscaping, open space separations, etc. iv. The industrial development served by the, residential development shall provide for convenient and efficient vehicular, bicycle or pedestrian transportation to and from the residential development. v. The maximum allowable density for the residential development shall be established by the city council but in no event shall the density exceed 40 dwelling units per acre. 140.Tattoo parlors: 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 consumption. b. No tattoo parlor shall be operated in conjunction with nor share any operating space with any other business. 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. 150. Secondhand or Thrift shops: a. An applicant shall submit an application for a conditional use permit shall be referred to the 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 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 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 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, recreational, benevolent, or other purpose not that of pecuniary profit, b. No goods shall be taken on a consignment basis. 155. Time-share projects: 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: 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 traffic engineer that demonstrates that adequate parking will be provided and the reduction will not adversely affect the neighborhood. 18 Attachment "A" January 4, 2006 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 that the reduction is necessary for the development of the project and will not adversely affect the neighborhood. 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 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 be made a part of the permit for the project. iv. If a time-share project is proposed in a nonresidential zone it 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)(16). 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, 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. 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 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-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. 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 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 underlying zone): a. May be conditionally permitted provided the purpose of such windmills is to generate usable electrical or mechanical energy and provided the windmill is architecturally compatible with the other buildings on the site. 165. Wireless Communication Facilities (WCFs): 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 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. 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 19 Attachment "A" January 4, 2006 Policy Statement No. 64 shall be processed as a conditional use permit by Process 2. 170. Private Zoos (private): a. The property for such private zoo has a minimum of 20,000 square feet, b. No animal is kept within 20 feet of any property line, c. A valid wild animal permit has been issued by the state. 20 PQ ^•^ -^ C* {fl C/3 mo o> T) T3a3 <n•x. inCD ON inCO a. o Ou Q ccO 2-o aa £en -JMS Automotive/Vehicle/RV/Park- - -Auto storage/impound yards (I.e.: overnightproduct storage^fN CN Auto wrecking yards (defined 2 1 .04.040)CN CN CN (N Car wash (Subject to Section 21.42. 140.B.45;CN CN (N CN fN CN (N (N fN | Drive-thru facilities (not restaurants]fN o (N (S (N (N CN CN O O IGas stations, subject to Section21.42.140.B.65.- - - fN fN fN o o 1Parking facilities (primary use) (I.e.: day use,short-term, non-storage)- - - o o o o o Recreational vehicle storage (Subject to Sec.21.42.140.B.120)(defmed: Sec. 21.04.299)P S3 Agricultural/Animal/Veteriiu~ - £ "n e- I T3C I — -1Apiary/bee keeping (Subject to Sec21.42.140.B.5)fN fN fN fN fN fN fN fN fN fN CN CN fN fN fN fN fN fN CN CN CN | Aquaculture (defined: Sec. 2 1 .04.036)CN (N IAquaculture stands (display/sale) (Subject toSec. 21.42.140.B.10)- S1 CN « CN fN fN CN CN CN CN fN CN fN fN CN fN CN CN CN fN fN fN fN cs Biological habitat preserve (Subject to Sec.21.42.140.B.30)(defined: Sec. 21.04.048)fN | Fanners' markets- - - - - - - - - - - - - - - - - - - - - -1Greenhouses > 2,000 square feet (Subject toSec. 21.42.140.B.70)-I Hay/feed storeCN fN fN "u — - - - - — — - - - - — - - - - - - — — - -Packing/sorting sheds > 600 square feet(Subject to Sec. 21.42.140.B.70).- O o o - o — - - "H. 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S so H U r<u 0 0 § B. a: S'sra: 0. s Di HA s mB: r*B: a: u a: < at <w | GROUP/LAND USECN CN (N CN (N CN (N (N CN (S (N CN CN CN CN <N {S <N CN $* CN Zoos (private) (Subject to Sec.21.42.140.B.170)(defined: Sec. 21.04.400)Recreation/Entertainment0 o o o " « m - o o J2 1S i - o o o 0 - - - - o Arcades - coin operated (Subject to Section21.42.140.B.15)(defined: Sec. 21.04.091)CN CN | I CN | Athletic fields— - 1 cj 3 ° 1 S<O CN fN «Bars, cocktail lounges (Subject to Section21.42.140.B.20) (defined: Sec. 21.04.041)CN CN | Boat launching/docking facilityCN [ Boat ridesCN o o o o CN CN CN CN O O Bowling alley (Subject to Section21.42.140.B.35) (defined: Sec. 21.04.057)CN CN CN CN CN CN CN CN CN CN CN CN CN CN CN CN CN CN CN CN CN Campsites (overnight) (Subject to Sec.21.42. 140.B.40)CN | Country clubsCN CN | Cultural activities & facilitiesCN CN .a 1 .a I Cll o o CN CN CN CN CN CN O 1Escort service (Subject to Section21.42.140.B.60)ro m en m m « m •n m «n -o 1 CN | Games of skillCN CN CN CN CN CN CN CN CN CN CN CN CN CN CN CN CN CN CN CN CN | Golf coursesCN ] MarinasCN CN CN Nightclubs, dance clubs, and otherestablishments that play live or recordedmusic or make regular use of amplified soundCN 1i. 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W i «Cet <u [ GROUP/LAND USEfN (N (N fN fN fN (N (S CN (N fN 1 3 <2 § 1 1 - CN [ Sporting clubs<N £• 1iotia | -8 1 OJJc 1VI ts tN <N CN Stables/Riding Academies (defined: Sec.21.04.310 and 21.04.315)<N [ Swimming poolsCS § 1 - - - - - o Theaters (motion picture or live) - indooi- <N O 0 0 o <N (N (N O •f § 1 '£a. 8" S e 1 Medical/Health UsesfN O fN fN <N <N (N CS fN O Alcoholic treatment centers0, CN a, OH CL, ts fN Athletic clubs, gymnasiums, health clubs, andphysical conditionaing businessesO C"l fS <N CS (N <S r4 O Hospitals (defined: Sec 2 1 .04. 1 70)o (S ts ts (N C-) fN tN O Hospitals (mental) (defined: Sec. 21.04.175)»«8m Residential/Res. 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O PROPOSED CONDITIONAL USES AND APPROVAL AUTHORITY REVISIONS:ONDITIONALLY ALLOWED USES, BY ZONES j3 Cbu 6 s 0, S S.u H U 0 3 o o CU O! Ssr ct S A I aat si as « u si X a \ GROUP/LAND USEPublic/Institutional/Governmentalo ~ •n « m « m « « m ^ « « t. „ « « t. « .n « «n «n ro - « m n „ « m | CemeteriesfN tN fN tN tN O ts fN fN tN IColumbariums, crematories, and mausleums(not within a cemetery)« o o Dumps (public) (defined: Sec. 2 1 .04. 1 1 0)« tn «1Hazardous waste facilities (defined: Sec.21.04.167fN Park, public (Subject to Section 2 1.42. 140.B.100)fN fN tN 1Public meeting halls, exhibit halls, andmuseumsfN tN tN fN fN fN fN fN fN fN tN tN tN fN tN tN tN fN fN tN fN fN Public/quasi-public buildings and facilitiesand accessory utility buildings/facilities(defined: Sec. 21.04.297)tn « t. en m m « « m m StadiumstN tN tN tN tN tN tN fN tN ts 1 I u c 1 Commercial Goods & ServicestN | BathhousesfN a's §OS i oU « tn m « - r. - « - « - ^| Commercial Uses in CVSOZ<X o o - IX CU a. a. (X - -| Delicatessen (defined: Sec. 2 1 .04. 1 06)fN O O O o o tN fN O o Drug paraphernalia store ((Subject to21.42.140.B.55)fN fN fN Liquor store (Subject to Sec. 21.42.140.B.85)(defined: Sec 2 1.04.203)o o fN fN tN O O O o 10 Vi 1 O '5 2 tN fN fN tN tN fN fN fN fN fN fN fN tN fN fN fN fN tN tN fN fN fN fN Mobile buildings (Subject to Section21 .42. 140.B.90) (defined Section 2 1 .04.265)0 tN tN tN tN O O .Ha 1 o o o fN fS fN tN O O Pawnshops (Subject to Sec 2 1 .42. 104.B. 1 05)-[ Refreshment facilities*fN tN Q. tN Restaurants (bona fide public eatingestablishment) (Defined: Sec.21.04.056; (U 8 ro "ora co 8 m fO•oo. J2x v>0) o N TO Q.DO PROPOSED CONDITIONAL USES AND APPROVAL AUTHORITY REVISIONSCONDITIONALLY ALLOWED USES, BY ZONESjti Cb0 6 D 0. S.a. S, S(j Hu r< U 0 o 0 a. i s?srB; a.a &« Has S 2 r*i oi usi •< OS •«: U | GROUP/LAND USEfN T10 Restaurants (located adjacent to residentiallydeveloped or designated property, no drive-thru;fN | Retail useso o o fN fN fN fN O O 1Tattoo parlors (Subject to Sec.21.42.140.B.140)O o 0 (N fN tN (N O o Thrift shops (Subject to Sec. 21.42.104.B.150)fN fN fN fN fN fN fN fN fN fN Windmills (exceeding height limit of zone](Subject to21.42.140.B.160)Communications FacilitesfN fN fN fN fN tN fN fN fN fN fN fN 1Radio/television/micro wave/ broadcaststation/tower- - -Satellite antennae (>1 per use) (defined: Sec21.04.302)fN S fN 2 2 fN 2 fN S fN fN 2 S S 2 £N 2 2 2 2 2 fN 2 Wireless communications facilities (Subject toSec. 21.42.140.165) (defined: Sec. 21.04.379)S5 3•ae fN .£ 1 £o fr 1 Q.S.i§CQ fN §- 1 dss ° 1!iCQ <X 0, OH | Book printing & publishingQ- O. CL,\ Bookbindingm m m Oil and Gas facilities (on-shore) (Subject toSec.21.42.140.B.95)tN fN fN Newspaper/periodical printing & publishing- 1 i ccd O. .f £ - - - - - - - - -Recycling collection facilities, small (Subjectto Chapter 21.105 of this Title.) (defined: Sec21.105.015)fN fN ts fN fN fN fN fN fN Recycling collection facilities, large (Subjectto Chapter 21. 105 of this Title) (defined: Sec21.105.015)fN fN fN fN 'G-a 1 u8a. .s & m m fi f*"i Hazardous waste facility (subject to Sec21.42.140. B.75) (defind: Sec. 21.04.167)fN fN Transit storage (ex: rolling stock; 0)T38 re i*= •8•c(DQ. m _.E & 2 Z* — OC I-H :.- . &^ HH § > 0> &o «yc PS E S--2 C 2 S£ 2 .S2 O<u a -2 C i <- j ^s § < ^- PH ««1 ^Si-J W PH X < •<H c» ^!/) P •^hJ <^r 0H-H 1— H 8 SK £a 0f ^•o w 1 e^ rVls- S^ 0x PH <" )**S<u W 1 £<i "K '_! 5"5CO D.3O i/i 1 >03 cnMi» n LLOWE1<>J <f | QZ r \ 3 fc. 0 6 aa. Sa. S S U H U Mu <j o o i,a: S Za: a.B £ « H si S § r*ii r^i 0! Ed i «( ci < td WSa 0,io •V SchoolsCN O tN tN tN 0 O o (N <N fN CN fN O (N tN fN tN tN tN O [Educational institutions or schools,public/private (defined: Sec. 21.04.140)Q. a. 0. -1Educational facilities, other (defined: Sec.21.04.137)IDO> 0)a>3 T30) c Q." D O o> oLL II Q. c oo O II CO §' E oO 0) '£ mQ. ii CM C I §I d)O) o CLID Ol_ 0) II O UJ pt) Planning Commission Minutes January 4, 2006 Page 3 *•* V ' V * v / Chairperson Segall asked if there were any questions of Staff. Commissioner Baker asked if the entryway monument was part of the approval of the additions to the resort which the Commission heard previously. Mr. Lynch stated he was not the planner at the time, but during review of the master plan it does appear to be allowed as part of the project. Chairperson Segall asked if the repairs can be completed during the inclement weather and when the applicant plans on doing the work. Mr. Lynch stated the work would be as soon as possible after the permits are in place. As for the timeliness of the work, Mr. Lynch stated he could not comment on that. Chairperson Segall asked if this was a temporary permit being approved tonight. Mr. Lynch stated it is a permit to allow the work but the fix is temporary with a more comprehensive long-term plan currently being worked on by the applicant. Commissioner Dominguez inquired if this permit has any effect on the original Master Plan for the resort. Mr. Lynch stated he was not well versed with the original master plan as to the ultimate improvements to the creek and how it relates to other structures. Commissioner Dominguez asked if this interim repair would have any impact on the other improvements in the master plan. Mr. Lynch stated this repair is just for erosion on side of the bank of the stream and it would not have any impact on other improvements currently on-going at the resort. Commissioner Cardosa asked if the US Army Corps of Engineers would be required to be involved for the permanent fix of the creek. Mr. Lynch stated he has not seen the application but most likely it will because it will require whole improvements to the entire creek. Commissioner Cardosa asked if the applicant expected that this temporary fix to be enough for this rainy season. Mr. Lynch stated that was the anticipation. Chairperson Segall asked if there were any further questions of Staff. Seeing none, he asked if the applicant wished to make a presentation. The applicant did not want to make a presentation. Chairperson Segall asked if there were any members of the audience who wished speak on the item. Chairperson Segall opened public testimony on Item 1. Don Connors, 921 Begonia Ct, Carlsbad, a member of but not representing the Batiquitos Lagoon Foundation, stated that he was in support of any efforts the City takes to maintain the quality of the watersheds and lagoons throughout the City. Chairperson Segall asked if there were any questions of the speaker or if any other members of the audience wished to speak on Item 1. Seeing none, he closed public testimony on the item. MOTION ACTION: Motion by Commissioner Montgomery, and duly seconded, that the Planning Commission adopt Planning Commission Resolution No. 6010 adopting a Negative Declaration and adopt Planning Commission Resolution No. 6011 approving a Special Use Permit (SUP 05-10) based on the findings and subject to the conditions contained therein. VOTE: 7-0 AYES: Chairperson Segall, Commissioners Baker, Cardosa, Dominguez, Heineman, Montgomery, and Whitton NOES: None ABSENT: None Chairperson Segall closed the public hearing on Item 1 and asked Mr. Neu to introduce the next item. 3. ZCA 04-09/LCPA 04-15 - CUP CODE REVISIONS - Request for a Negative Declaration, Zone Code Amendment, and Local Coastal Program Amendment to revise the procedures and regulations governing uses allowed upon the approval of a Conditional Use Permit (CUP). Planning Commission Minutes January 4,2006 Page 4 Mr. Neu introduced Item 3 and stated Principal Planner Chris DeCerbo and he would give the Staff presentation. Chairperson Segall opened the public hearing on Item 3. Mr. DeCerbo and Mr. Neu gave a detailed presentation and stated they would be available to answer any questions. Commissioner Whitton commented that the CUP Code Revisions package was obviously a major undertaking, well-researched by checking with other communities. The Staff used sound management decisions in developing a useful tool for the review and efficient approval of permits. The process also will significantly benefit those seeking permits both through timely action on their request and in some case where appropriate, economic savings as well. Commissioner Whitton asked that on page 73 of the packet, medical uses is listed on line 22, if those approvals will include major walk in/walk out type surgical procedures. Mr. Neu stated that it could be construed to allow surgical procedures in a medical office. In terms of major surgery, he stated he was not sure at point an in office surgery becomes something that requires a major surgical center. Commissioner Whitton stated that having these clinics being allowed to do minor surgery or surgery of any type, he would not be able to vote on this package in its entirety unless there is a permanent restriction added that prohibits abortion clinics or Planned Parenthood services which provide abortions. Ron Ball, City Attorney, stated that this is a well thought out and drafted statutory scheme. Mr. Ball further stated nothing is immutable so that it can changed if necessary. To answer Commissioner Whitton's questions regarding medical uses, Mr. Ball stated that any individual application would be reviewed by the Planning Director who could then determine if there is a major or minor surgery and then could be reviewed by the Planning Commission if there is a dispute over that particular definition. However the law states that the City cannot discriminate between different kinds of medical uses so the Commission is probably within its prerogative to exclude it from a particular zone but you are on the foul of the Equal Protection Clause when you start distinguishing between different types of medical uses based on things other than land use decisions. Commissioner Whitton stated he cannot vote for the project. Commissioner Dominguez asked in reference to the communication from Mrs. Lane it seems her concerns are aimed at theaters indoors or outdoors. Mr. Neu stated that was correct. Commissioner Dominguez commented that it seems most of the theater applications the City receives are incorporated into a master plan or a shopping center and typically are the anchor of a shopping center. Mr. Neu stated that was correct and added that the letter also includes coin operated arcades, theaters as well as wireless communications facilities. Commissioner Dominguez asked how the Commission could handle her concerns if theaters are already part of a master plan. Mr. Neu stated that it did occur to Staff that there is some duplication by requiring a CUP that would also be before the Commission. By changing the recommendation to require this to be a public hearing item, it might provide some level of comfort to the commenter that it in fact this would always be something that comes before the Planning Commission instead of being handled administratively. Commissioner Dominguez stated then hypothetically, a person could protest during the processing of a specific plan, the incorporation of a theater and then appeal that portion to the City Council. Mr. Neu stated that if the recommendation is accepted then yes it could be appealed. He further stated the Site Development Plan and shopping center do go on to the City Council for final approval. If the CUP for the theater were approved administratively, it could be appealed to the Planning Commission. Chairperson Segall asked if an administrative approval was granted on one of these uses and someone in the community did not want that, it could be appealed to the Planning Commission. Mr. DeCerbo stated that was correct. Chairperson Segall asked it would be possible if a Councilmember wanted to pull an item that the Commission approved so that it could be re-examined. Mr. DeCerbo stated that if a CUP was approved administratively and then appealed, it would only go to the Planning Commission and not on to City Council. Mr. Ball commented that if the provision is included dealing with the appeals and the decision is final, it does not matter if it is a Councilmember or a member of the public, its final. Planning Commission Minutes January 4, 2006 Page 5 Commissioner Baker stated that she understands if a movie theater is part of a new development as part of a Site Development Plan but what if it is a retrofit or remodel of an existing site, could that then be approved administratively. Mr. Neu stated that is fair to say. Commissioner Dominguez asked if a movie theater proposal comes in as part of a Specific Plan in a new shopping center and someone appeals that. The Commission would then hear the item and overrides the appeal. That person would then not have any further recourse even though the Site Plan would then go on to City Council. Mr. Neu stated it would be true that there would not be any further recourse on the administrative permit, but on the Site Plan moving forward to City Council, they would have the opportunity to take part in the discussions on whether it should be approved or not. Commissioner Montgomery commented that one of the reasons WCFs require CUPs is because technology changes year to year and whose to say that in 5 or 10 years, this would be the perfect triggers to discontinue the CUP and force them to remove or upgrade equipment. By going through this process administratively, these triggers then become almost an inherit right to them if they meet the CUP 1 Process. He further stated by not terminating the process of renewing every 5 years, we would have more control over a technology that is ever changing. Mr. DeCerbo stated that in theory that sounds correct. Staff has tried to set it up so for instance there is a Council Policy, which determines a preferred location hierarchy, and the applicant does their best to do a stealth design, the Staffs belief is that the applicant met the highest test in the City in allowing such as use to be located there. If the applicant does not comply with the Policy, the code revisions state that they must come before the Planning Commission for approval and the ordinance gives the final decision making body the authority to place any expiration date on the CUP it chooses based upon good reasons. Commissioner Montgomery stated he understands that point view. However the authority the City has to enforce change at sites, does Staff feel at the CUP 1 Process level the City has the authority rather than having it be expired and than having to take action. Mr. Neu stated yes because even at the administrative level, the Planning Director would have the ability to place an expiration date on a CUP so if Staff felt the site was not stealth enough in its design, the length of the CUP term could be limited in hopes that technology would improve in the future and the site design could be improved. Commissioner Montgomery asked if the City was considering placing time limits for those wireless facilities in the CUP 1 process administratively rather than in perpetuity like the other CUPs. Mr. Neu stated it was not considered as a blanket effort. Staff feels that if there were a particular proposal that was not of the most stealth design, there would be the discretion to place a time limit on it. In general however, it was Staffs intent to make those approved in perpetuity because they were in preferred locations and met the stealth requirements of the Council Policy. Commissioner Montgomery suggested that Staff think about having an expiration date for those CUPs administratively approved to give the ability to work with those sites easier. Chairperson Segall asked if there is an ongoing monitoring of emissions on current cell sites to ensure they are in conformance with FCC. Mr. Neu stated that there is a standard conditions pertaining to the City receiving an emissions report within 6 months of the site being up and running. It has been practice that when an applicant comes in for an extension, the emissions are checked. Chairperson Segall stated that if we go in perpetuity, there is no monitoring of the emissions unless it is done or required by the FCC. Mr. Ball commented that it would be better handled by a condition of approval as opposed to an expiration date. The industry heavily objects to the concept of a CUP. The best tool available to change the requirements is Council Policy 64 which can be revised to include the best and latest technology available. If a change in technology which results in the change in the style or look, they will have to amend their permits. Chairperson Segall commented that they have to remove their old equipment prior to putting up new ones. Mr. Neu stated that he did not recall but that has been Staff's effort if the permit is up for an extension and the original permit was approved prior to Council Policy 64 being adopted. Chairperson Segall commented that there are some things the Commission can do to put protections in place even with going in perpetuity. Mr. Ball stated there is nothing that precludes that. Commissioner Dominguez asked if the City is adequately protected to deal in a timely manner with a radical change in technology to remove those abandoned sites. Mr. Neu stated that the current practice is that as long as someone has a valid CUP, and unless there was a requirement for them to modify it, Staffs only ability to have them change it with new technology was the expiration of their current permit. Unless there was a special condition that required an operator based on some set of circumstances to modify their design that would not exist. Planning Commission Minutes January 4, 2006 Page 6 Chairperson Segall clarified that the term "technology" is meant to mean the aesthetics of the site itself such as the large outdated cell towers. Mr. Neu pointed out that the standard condition has the applicant submit the required radio frequency or electromagnetic field report within 6 months of occupancy or final construction of the facility. There is no requirement for them to submit any future reports but they are to comply with FCC guidelines of which the City is not the enforcer of those standards. The ongoing monitoring is another agency's responsibility. Chairperson Segall asked if that is something the Commission should not focus on. Mr. Neu responded that is true. Commissioner Whitton asked what happens to old facilities should a carrier decide either not to use it or to abandon it. Mr. DeCerbo directed the Commission to the section of the code which deals with revocation of a permit for non-operation. Commissioner Baker commented that she does not recall the Planning Commission ever requiring a CUP for a public school as it is stated in the chart included in the Staff Report. Mr. Neu stated that in the Government Code there is a process where a school board can forego the local permitting requirements and typically that is what the City has experienced. There have been private schools that the Commission has approved. Commissioner Baker asked if the public schools instigated the process would the Commission then hear the project. Mr. Neu stated that was correct. Commissioner Baker asked how these proposed changes would be put into effect once the project is approved. Mr. Neu stated the current thought is that once a current CUP comes up for expiration, Staff would review the permit, the site and determine whether it is one that could be approved in perpetuity. If that is the case, a letter would be sent to the applicant informing them the permit has been approved in perpetuity. If for some reason Staff feels it should not be approved in perpetuity, the current process is that where the applicant is notified of the upcoming expiration and the need to apply for an extension which would eventually be heard by the Planning Commission. Commissioner Baker asked when and who would decide upon the fee structure. Mr. Neu stated that when this item goes before City Council, Staff will have the proposed fee structure. Staff is anticipating that because this new CUP procedure is modeled after the Administrative Variance procedures, it will be the same or a similar fee. Commissioner Baker commented that currently it is rather expensive for a small business to renew their CUP. She further asked if the fees will have to be paid at the time of renewal because the City will granting the CUPs in perpetuity or will there be some other kind of fee. Mr. Neu stated that it is Staffs recommendation that when a CUP comes up for expiration, Staff would then perform the review and either approve it in perpetuity without assessing any fees or determine that it needs an extension in which case the extension fee would be assessed. The Administrative Variance process, which the CUP 1 Process is being modeled, after has an application fee of $630. The CUP that comes before the Planning Commission has an application fee of $3,735 and an extension request is $755. The intent for the administrative process where for really somewhat minor uses that do not have issues or problems but still do not really fall into a category that Staff feels comfortable should be allowed by right. Commissioner Baker asked if there is a business which is not specifically called out in the chart what category would it fall into. Mr. Neu stated the code does give Staff discretion that if there is a use listed in the code that is similar in nature, the new use could be classified into that same category. If there is not a similar use, it would require an amendment to the code to add that new use. Commissioner Dominguez stated his basic concern is that once these CUPs are offered in perpetuity some businesses could morph into something that it was not intended to be in the beginning. He asked if a complaint system could then drive when the permits are re-examined. Mr. Neu commented that could be a mechanism to use to stay on top of it. Even if the permit is approved in perpetuity, there still is the requirement to have an annual review by City Staff, which would allow the opportunity to hopefully catch any discrepancies. Commissioner Heineman asked if the review would enable the City to ensure that the WCFs are keeping pace with the technology and replacing outdated equipment as needed. Mr. Neu stated it would not. The annual reviews are to ensure the site is still in compliance with the conditions of approval, such as if it was built and operating in the way which it was approved. If technology changed to where a better design could be accommodated on that site, Staff would not be evaluating the permit for it because they would be exercising the approval they already had. Commissioner Heineman stated that the City would Planning Commission Minutes January 4, 2006 Page 7 have no way to enforce it in a sense or make sure they go with the latest technology. Mr. Neu stated that was correct. The only way to enforce that issue is if there is an expiration on the permit, Staff would then have the ability to not extend the permit until it was modified. Commissioner Cardosa asked if there is a health and safety element with regards to emissions that is written into the conditions of most CUPs. Mr. Neu responded that it is structured is that it is the FCC's responsibility. If those standards change and it became more stringent, the City would then most likely see changes in the facilities from the various carriers. For the Conditional Use Permit, the City looks to the federal guidelines for the health aspect of it. Commissioner Cardosa asked if it makes sense then for the City to monitor the emissions during the annual reviews which the CUPs are conditioned to have, and if the City would be notified by the FCC if a cell site was not in compliance with the emissions standards. Mr. Neu stated he was not sure if the City would be notified of non-compliance for emissions. He stated that because it is a regulation the FCC is tasked with enforcing and upholding, it would be the FCC's responsibility. Because of the technical nature of the emissions reports, the City does not have the expertise to determine if the information was accurate or not. Chairperson Segall commented that because the Commission cannot legally disapprove a site based on those issues, it would not be legal to do so during an annual review period or after a site is built. Mr. Neu stated he agrees. Mr. Ball explained that the condition placed on the cell sites states facilities must comply with FCC regulations which is a continuing obligation. If those regulations change, it is the providers responsibility to comply with the new standards. Commissioner Montgomery expressed his interest in having the Planning Commission approve in perpetuity the existing CUPs for all churches as part of the action tonight to ensure that they are all treated fairly. Mr. Neu indicated that Staff was not in favor of that approach as each CUP needs to be evaluated on its individual merits to determine the length of time for which it would be approved. Chairperson Segall commented that it is harder to get compliance from businesses when the permit is in perpetuity as opposed to having an expiration date. He asked why Staff is now recommending some CUPs approved in perpetuity. Mr. Neu stated there is the revocation clause included in the proposed ordinance which gives the City the ability to revoke a permit under a number of circumstances. Also with the number of CUPs the City has, there have not been instances where a permit has had to be revoked. Chairperson Segall inquired about the distinction between a restaurant and a deli. Mr. Neu stated that Staff tried to clearly define delis and limit them so that it is a supportive use of the industrial park occupants. Chairperson Segall asked if the parking standard needs to be re-evaluated with that new definition in mind. Mr. Neu stated the parking standard Staff has been applying to delis has been adequate. Staff also felt this is consistent with the office parking standard so that if a space is leased out to a deli, it would not generate a excessive new parking demand to where an owner would be precluded from having that type of use at their property. Chairperson Segall asked for clarification on "Educational Facilities - Other". Mr. DeCerbo stated a new definition has been added and states, "Educational, training and tutoring services not subject to the California Education Code nor standards set by the California State Board of Education." Chairperson Segall asked what the reasoning was behind removing these facilities from the C-1, C-2 and C-T zones. Mr. Neu clarified if Chairperson Segall was referring to the public/private schools. Chairperson Segall stated yes. Mr. Neu stated the public/private schools licensed by the state that potentially would have children attending were recommended by Staff to not be appropriate in the commercial zones. Chairperson Segall referred to the Table A, attached to the Staff Report, and commented that some of the line items did not have an "X" in any of the categories. Mr. Neu stated that either the entry should not have been included in the table or Staff neglected to identify the level of CUP or Accessory Use or if it is permitted. Chairperson Segall asked for the definition of accessory use. Mr. Neu stated that it is not the primary use of the property and it is something allowed if the one of the primary uses is being operated on the property, or it is affiliated with the primary use on the property. RECESS Chairperson Segall called for a 10-minute recess at 7:44 p.m. Planning Commission Minutes January 4, 2006 Page 8 MEETING CALLED TO ORDER Chairperson Segall called the meeting back to order at 7:55 p.m. The Commission held a discussion in regards to having a review of the item in about a year from now to see if any issues or circumstances have come up relating to the changes in the code. Mr. Neu stated that typically it takes a year or longer before issues arise when revisions have been made to the code. At that point, a Zone Code Amendment would then be processed to fix any oversight not included or any areas found not to be working. Chairperson Segall asked what Staffs preference would be in regards to bringing the item back for a review in a year or so. Mr. Neu stated that Staff would prefer to not have any reviews and instead bring forward a Zone Code Amendment, if it is warranted by either Staff or an applicant, in the future. The Commission and Staff then discussed and agreed to the following changes: 1. Theaters - Indoor/Outdoor: Required to have Planning Commission approval; Table to be revised to show line item entry with a CUP 2 Process. 2. Wireless Facilities: City Attorney and Planning Staff to prepare new Standard Condition regarding proof of compliance with FCC RF Emissions Standards. 3. Deletion of Escort Services and Drug Paraphernalia Stores from several zones; only allowed in C-L Zone with Planning Commission Approval. 4. Educational institutions or schools, public/private: Add to the C-1, C-2 and C-T Zones with Planning Commission Approval. 5. Correct the 4 entries in the table to reflect the correct allowed zone and process number. 6. Delete "mimeograph" on page 49. 7. Add "Flower" to "Produce Stand" on page 21 in the E-A Zone so it reads "Produce/Flower Stands". Chairperson Segall asked if there were any other questions or if any members of audience wished to speak on the item. Seeing none, he opened and closed public testimony. RECESS Chairperson Segall called for a 5-minute recess at 8:54 p.m. MEETING CALLED TO ORDER Chairperson Segall called the meeting back to order at 9:19 p.m. Mr. Neu clarified that the expiration period section does not allow Staff administratively to grant an existing CUP an extension for an interim period. It needs to be granted in perpetuity or it needs to be brought back before the Commission. Only brand new administratively approved CUPs can be granted for a limited time. MOTION ACTION: Motion by Commissioner Montgomery, and duly seconded, that the Planning Commission adopt Planning Commission Resolution No. 5958, recommending adoption of the Negative Declaration issued by the Planning Director and adopt Planning Commission Resolutions No. 5959 and 5960 recommending approval of Zone Code Amendment ZCA 04-09 and Local Coastal Program Amendment LCPA 04-15, based upon the findings contained therein, including the errata Planning Commission Minutes January 4, 2006 Page 9 sheet dated December 29, 2005, and also including the additions, deletions and other amendments discussed during the meeting. DISCUSSION Commissioner Whitton stated that he liked the package, it was very well done and Staff did a great job. He further commented that in Table "A" uses permitted in the C-L Zone, he objects to line 22 "Medical uses (excluding hospitals), including offices for medical practitioners, clinics, incidental laboratories, and pharmacies (prescription only)." He is not in favor of a clinic that can do in-house surgery, walk-in surgery and perform abortions without restricting that to preclude the performance of abortions. He is totally against that permitted use for that one item. He further stated that he supports the package but he does not support that portion of it. Commissioner Dominguez stated he is in support of the proposal as amended and including the errata sheet as it is presented. Commissioner Heineman stated he is in support of the project. Commissioner Cardosa commented that Staff did a great job in preparation for the proposal and he is in support of the project. Commissioner Baker commented that she is in support of the project and thanked Staff for their effort in preparing the proposal. Commissioner Montgomery stated he is also in support of the project as amended and commented that he has similar feelings to Commissioner Whitton. He commented that he is pleased with everything Staff has done with the proposed revisions and feels strongly that churches should be handled equally. Chairperson Segall stated he is in support of the revisions and appreciates the fact that Staff is looking for ways to refocus efforts of the Staff to take care of many of the procedural items which is fair and equitable to the community, it costs less and it is faster which allows Staff to address the more significant issues which are before the City on an on-going basis. VOTE: 7 -0 AYES: Chairperson Segall, Commissioner Baker, Cardosa, Dominguez, Heineman, and Montgomery and Whitton NOES: None ABSENT: None Chairperson Segall closed the public hearing on the item and asked Mr. Neu to introduce the next item. 7. Election of Officers Chairperson Segall nominated Marty Montgomery to fill the position of Chair of the Planning Commission in 2006. Chairperson Segall called for a vote. VOTE: 7-0 AYES: Chairperson Segall, Commissioners Baker, Cardosa, Dominguez, Heineman, Montgomery and Whitton NOES: None Chairperson Segall asked for nominations for Vice Chairperson. The Planning Commission voted by acclamation to elect Commissioner Baker as Vice Chairperson of the Planning Commission in 2006. EXHIBIT 7 3011 Garboso Street, Carlsbad CA 92009 760-942-7237; email: powerplarrt5@sbcglobal.net January 4,2006 Honorable Chairperson Segall and Members, City of Carlsbad Planning Commission c/o Chris DeCerbo, City of Carlsbad Planning Department by e-mail to cdece@ci.carlsbad.ca.us Re: Public Hearing January 4,2006: C.U.P. CODE REVISIONS Negative Declaration, Zone Code Amendment, and LCP Amendment ZCA04-09/LCPA04-15 Would you please keep the following uses with Planning Commission public hearing and review of a Conditional Use Permit instead of downgrading them to a "Minor CUP Process" with administrative approval by the Planning Director: Zone: C-L (Local Shopping Center) Uses: Coin-operated Arcades Theaters - Indoor Theaters - Outdoor Wireless Communication Facilities The staff report suggests taking these functions away from formal Planning Commission hearings because they are "less-controversial" conditional uses. However, a huge local shopping center is presently under review that is very dose to my home. In addition to shops and local services, large- scale entertainment uses are proposed, including indoor and outdoor theaters. The letters in the Planning Department files indicate there is substantial neighborhood concern about some of the proposals and the need for a full public review and hearing process on any conditional uses or permits. Thank you for your consideration of this request. Yours truly, Joy L<Mr\& Francine J. Lane References: Zoning Code Ch. 21.31, C-L, Table A; ZCA 00-07, August 2005, Staff Report, p. 17, Site 9; ZCA 04-09 (CUP), January 2006, Staff Report, p. 4-5 (Item 5); Proposed Planning Commission Resolution, Exhibit X, pp. 72-75 (Table A) including CUP master list grid. rift 3011 Garboso Street Carlsbad CA 92009 February 14, 2006 FEB 1 4 2006 CITY OF CARLSBAD CITY CLERK'S OFFICE AGENDA ITEM # / c: To ' Mayor City Council City Manager City Attorney City Cleric Hon. Claude A. "Bud" Lewis, Mayor Hon. Matt Hall, Council Member Hon. Ann J. Kulchin, Council Member Hon. Mark Packard, Council Member Hon. Norine Sigafoose, Council Member Re: CONDITIONAL USE PERMIT (CUP) CODE REVISIONS Negative Declaration, Zone Code Amendment, and LCP Amendment 2CA 04-09 /LCPA 04-1 5 Public Hearing, Tuesday, February 14, 2006, 6:00 PM Would you please maintain Planning Commission public hearings and review of a Conditional Use Permit for the following uses, instead of downgrading them to a "Minor CUP Process" with administrative approval by the Planning Director: Zone: C-L (Local Shopping Center) Uses: Coin-operated Arcades Theaters - Indoor Theaters - Outdoor Wireless Communication Facilities Early staff reports suggested these functions do not require formal Planning Commission hearings because they are "less-controversial" conditional uses. On the contrary - these are precisely the types of uses that engage public interest and comment, especially when they are close to homes and schools. For example, a huge local shopping center is presently under review that is very close to my home. In addition to shops and local services, large- scale entertainment uses are proposed, including indoor and outdoor theaters. Coin-operated arcades and wireless communication facilities may also be proposed. The letters about the project that are already in the Planning Department files indicate there is substantial neighborhood concern about some of the proposals and the need for a full public review and hearing process on any conditional uses or permits. Thank you for your consideration of this request. Respectfully submitted, Joy Lane Dr. & Mrs. Frederic A. Lane Carlsbad (La Costa) residents cc: Principal Planner Chris DeCerbo, Planning Department References: Zoning Code Ch. 21.31, C-L, Table A; ZCA 00-07, August 2005, Staff Report, p. 17, Site 9; ZCA 04-09 (CUP), January 2006, Staff Report, p. 4-5 (Item 5); Proposed Planning Commission Resolution, Exhibit X, pp. 72-75 (Table A) including CUP master list grid. PROOF OF PUBLICATION (2010 & 2011 C.C.P.) This space is for the County Clerk's Filing Stamp STATE OF CALIFORNIA County of San Diego I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years and not a party to or interested in the above- entitled matter. I am the principal clerk of the printer of North County Times Formerly known as the Blade-Citizen and The Times-Advocate and which newspapers have been adjudicated newspapers of general circulation by the Superior Court of the County of San Diego, State of California, for the City of Oceanside and the City of Escondido, Court Decree number 171349, for the County of San Diego, that the notice of which the annexed is a printed copy (set in type not smaller than nonpariel), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: February 03rd,2006 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at SAN MARCOS California Proof of Publication of NOTICE nf rim iic urnmia ZCA 04-nM.CPA 04-15 NOTICE IS HEREBY GIVEN thatCity of Carlsbaduncil C BY GIVEN that the Cad will hold a publicrs, 1200 Carlsbadounctl Chambers, 1200 Carlsbad Villagartsbad.jDalifqrniaj at 6:00 pm on Tui il ofat theDrive,, Feb- val of____ . ment,_ ______ ________ .'rograrh Amendment to revisethe procedures and regulations governing uses al-lowed upon the approval of a CondittonaiUse Per-mit (CUP), on property more particularly described Citywide persons wishing to speak on this proposalrdially invited to attend the public hearing,i of the agenda bill will be available on or afterf you have any ques-erbo in the Planning If you challenge the Negative Declaration, ZoneCode Amendment, and/or Local —-4-1 D— —Amendment in court, you may beonly those issues you or someone i ________public hearing described in this notice orcorrespondence delivered to the City of «»,,Ann: City Clerk, 1200 Carlsbad Village Drive, .bad CA 92008, at or prior to the public hearing. CITY OF CARLSBADCITY COUNCIL , NCT 1 900660 • 02/03/06 rdThis 03r Day of February, 2006 Signature Jane Allshouse NORTH COUNTY TIMES Legal Advertising NOTICE OF PUBLIC HEARING ZCA 04-09/LCPA 04-15 CONDITIONAL USE PERMIT (CUP) CODE REVISIONS NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Tuesday, February 14, 2006, to consider a request for approval of a Negative Declaration, Zone Code Amendment, and Local Coastal Program Amendment to revise the procedures and regulations governing uses allowed upon the approval of a Conditional Use Permit (CUP), on property more particularly described as: Citywide Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the agenda bill will be available on or after Friday, February 10, 2006. If you have any questions, please call Chris DeCerbo in the Planning Department at (760) 602-4611. If you challenge the Negative Declaration, Zone Code Amendment, and/or Local Coastal Program Amendment in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad, Attn: City Clerk, 1200 Carlsbad Village Drive, Carlsbad CA 92008, at or prior to the public hearing. PUBLISH: FEBRUARY 3, 2006 CITY OF CARLSBAD CITY COUNCIL NOTICE OF PUBLIC HEARING ZCA 04-09/LCPA 04-15 CONDITIONAL USE PERMIT (CUP) CODE REVISIONS NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Tuesday, February 14, 2006, to consider a request for approval of a Negative Declaration, Zone Code Amendment, and Local Coastal Program Amendment to revise the procedures and regulations governing uses allowed upon the approval of a Conditional Use Permit (CUP), on property more particularly described as: Citywide Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the agenda bill will be available on or after Friday, February 10, 2006. If you have any questions, please call Chris DeCerbo in the Planning Department at (760) 602-4611. If you challenge the Negative Declaration, Zone Code Amendment, and/or Local Coastal Program Amendment in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad, Attn: City Clerk, 1200 Carlsbad Village Drive, Carlsbad CA 92008, at or prior to the public hearing. PUBLISH: FEBRUARY 3, 2006 CITY OF CARLSBAD CITY COUNCIL NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you that the Planning Commission of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Wednesday, January 4, 2006, to consider a request for a Negative Declaration, Zone Code Amendment, and Local Coastal Program Amendment to revise the procedures and regulations governing uses allowed upon the approval of a Conditional Use Permit (CUP) and more particularly described as: Citywide Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the staff report will be available online at http://www.ci.carlsbad.ca.us/pdfdoc.html?pid=295 on or after the Friday prior to the hearing date. If you have any questions, please call Chris DeCerbo in the Planning Department at (760)602-4611. If you challenge the Negative Declaration, Zone Code Amendment, and/or Local Coastal Program Amendment in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad at or prior to the public hearing. CASE FILE: ZCA 04-09/LCPA 04-15 CASE NAME: CUP CODE REVISIONS PUBLISH: DECEMBER 23, 2005 CITY OF CARLSBAD PLANNING DEPARTMENT Jam Free Printing Use Avery® TEMPLATE 5160*1 ROYCE ROBERT ALLIED DESIGN GROUP 2359 FOURTH AVE #200 SAN DIEGO CA 92101 www.avery.com 1-800-GO-AVERY VERIZON WIRELESS STE 102 1430VANTAGECT VISTA CA 92008 AVERY® 5160® VERIZON WIRELESS BUILDING D, FIRST FLOOR 15505 SAND CANYON AV IRVINE CA 92618 S & C COMPANY INC STEJ 9823 PACIFIC HEIGHTS SAN DIEGO CA 92121 SCHULZ KR STE 10 1351 DISTRIBUTION WY VISTA CA 92081 SHOEN MARK V STE 500 2727 N CENTRAL AV PHOENIX AZ 85004 SMITH CONSULTING (LAMORE, TOM) STE 6 5355 MIRA SORRENTO PL SAN DIEGO CA 92121 SPECTRASITE COMMUNICATIONS STE 200 2301 DUPONT DR IRVINE CA 92612 SPRINT STE 100 4683 CHABOT DR PLEASANTON CA 94588 SPRINT PCS STE 100 2860 CAMINO DEL RIO NORTH SAN DIEGO CA 92108 SPRINT PCS STE 800 701 B ST SAN DIEGO CA 92101 SPRINT PCS STE 306 5005 TEXAS ST SAN DIEGO CA 92108 SPRINT PCS ASSETS L L C STE 100 2650 CAMINO DEL RIO 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CARLSBAD CA 92008 VILLAGE KITCHEN & PIE SHOPPE 950 TAMARACK AV CARLSBAD CA 92008 VILLANUEVA RAYMUND 13502 HAMBURGER LN BALDWIN PARK CA 91706 VILLAS DE CARLSBAD LTD STE 103 9619CHESAPEAKEDR SAN DIEGO CA 92123 WASTE MANAGEMENT KEN RYAN 2141 OCEANSIDE BL OCEANSIDE CA 92054 WESTERN STATES ENG 11 SON RICHFIELD RD ANAHEIM CA 92807 WHITSON DANA HIELD 5051 SHORE DR CARLSBAD CA 92008 WILLIAM ROBERTSON STE I 6986 EL CAMINO REAL CARLSBAD CA 92009 WILSON ENGINEERING STE 30 703 PALOMAR AIRPORT RD CARLSBAD CA 92009 WIRELESS FACILITIES INCORP STE 245 - ATTN: DOUG MUNSON 9805 SCRANTON RD SAN DIEGO CA 92121 YADA HENRY & ITSUKO 1835 BUENA VISTA WY CARLSBAD CA 92008 AU3AV AH3AV-OD-008-L ®091S 31VTdW31 ®A«AV 9Sf| BUIIUIJJ aaJ4 uier CUP Code RevisionsCUP Code RevisionsZCA 04ZCA 04--09/LCPA 0409/LCPA 04--1515 PProject Descriptionroject Description„„Revise the CityRevise the City’’s Conditional Use Permit s Conditional Use Permit (CUP) procedures and regulations(CUP) procedures and regulations BackgroundBackgroundDevelopment Review Process Survey (2004)Development Review Process Survey (2004)„„Streamline the CityStreamline the City’’s Conditional Use Permit s Conditional Use Permit processprocess„„Consider a minor (administrative) CUP Consider a minor (administrative) CUP processprocess„„Eliminate CUP expiration dates and the Eliminate CUP expiration dates and the need for CUP extensionsneed for CUP extensions PProposed Amendments:roposed Amendments:Update Conditional Use Permit (CUP) Chapter Update Conditional Use Permit (CUP) Chapter 21.4221.42„„Create an allCreate an all--inclusive, comprehensive inclusive, comprehensive Zoning Ordinance Chapter 21.42 focused on Zoning Ordinance Chapter 21.42 focused on CUPs CUPs „„Decision making process, findings, special Decision making process, findings, special standards for usesstandards for uses Revise Chapter 21.50Revise Chapter 21.50„„Revise Chapter 21.50 to deal exclusively Revise Chapter 21.50 to deal exclusively with Varianceswith Variances Reformat the Zoning Ordinance (Title 21)Reformat the Zoning Ordinance (Title 21)„„Place all conditional uses in Place all conditional uses in ““Permitted Permitted UseUse””Table ATable A’’s in the individual land use s in the individual land use zones rather than in the CUP Chapter zones rather than in the CUP Chapter (21.42) of the code(21.42) of the code Permitted Use Table A Permitted Use Table A New MNew Minor CUP Process 1inor CUP Process 1„„For lessFor less--controversial conditional usescontroversial conditional uses„„Approved administratively by the Planning Approved administratively by the Planning Director rather than by the Planning Director rather than by the Planning CommissionCommission„„Similar to Administrative Variance processSimilar to Administrative Variance process„„Public notice Public notice --300’ radius300’ radius„„Informal hearingInformal hearing„„The Planning DirectorThe Planning Director’’s decision may be s decision may be appealed to the Planning Commissionappealed to the Planning Commission MMinor CUP Examplesinor CUP Examples··Veterinary clinicsVeterinary clinicsin commercial zonesin commercial zones··Bed and breakfastsBed and breakfastsin the Rin the R--3, R3, R--DD--M, RM, R--T, RT, R--P and CP and C--T zones T zones ··DelicatessensDelicatessensin the O and Pin the O and P--M zones M zones ··Satellite antennasSatellite antennasin the Cin the C--M, M and PM, M and P--M M zoneszones··Wireless communication facilitiesWireless communication facilitiesthat are that are located in preferred locations and comply located in preferred locations and comply with the stealth design guidelines consistent with the stealth design guidelines consistent with City Council Policy Statement No. 64 with City Council Policy Statement No. 64 (Wireless Communication Facilities)(Wireless Communication Facilities) MMinor CUP Examplesinor CUP Examples··GreenhousesGreenhouses(> 2000 square feet) in all zones(> 2000 square feet) in all zones··Small recycling/collection facilitiesSmall recycling/collection facilitiesin in commercial and industrial zonescommercial and industrial zones··Training and tutoring schoolsTraining and tutoring schoolsfor for cosmetology, pet grooming, music, dance, cosmetology, pet grooming, music, dance, martial arts, gymnastics and language in the martial arts, gymnastics and language in the O zone O zone CUP Process 2CUP Process 2„„Approved by the Planning Commission Approved by the Planning Commission „„For the majority of the conditional uses For the majority of the conditional uses processed in the Cityprocessed in the City„„Examples: Examples: ··Gas stations and Car washesGas stations and Car washesin in commercial zonescommercial zones··Places of worshipPlaces of worshipin residential and in residential and nonnon--residential zonesresidential zones Process 2 ExamplesProcess 2 Examples··Bars and Liquor storesBars and Liquor storesin commercial zonesin commercial zones··HHotels and Motelsotels and Motelsin commercial zonesin commercial zones··DriveDrive--thru facilitiesthru facilities··MMobile Buildingsobile Buildingsand Public Buildingsand Public Buildings··Wireless communication facilitiesWireless communication facilitiesthat are that are notnotlocated in preferred locations and located in preferred locations and do not do not comply with the stealth design guidelines of comply with the stealth design guidelines of City Council Policy Statement No. 64 City Council Policy Statement No. 64 (Wireless Communication Facilities)(Wireless Communication Facilities) New New CUP Process 3CUP Process 3„„For unique and/or potentially For unique and/or potentially controversial conditional uses controversial conditional uses „„Elevate the approval authority from the Elevate the approval authority from the Planning Commission to the City CouncilPlanning Commission to the City Council„„Examples: Examples: Amusement parks, Amusement parks, fairgrounds, stadiums, airports, fairgrounds, stadiums, airports, cemeteries, oil and gas facilities, cemeteries, oil and gas facilities, hazardous waste facility, public dumpshazardous waste facility, public dumps Former CUP Uses proposed as Former CUP Uses proposed as Permitted UsesPermitted Uses„„Permit Permit ““by rightby right””specific commercial specific commercial and industrial uses that previously and industrial uses that previously required the approval of a CUPrequired the approval of a CUP„„Uses are similar to and compatible with Uses are similar to and compatible with other permitted uses in each zoneother permitted uses in each zone New Permitted Use Examples:New Permitted Use Examples:„„DelicatessensDelicatessensin commercial zonesin commercial zones„„RestaurantsRestaurantsin the Cin the C--1 zone1 zone„„Athletic clubs and gymsAthletic clubs and gymsin commercial zones in commercial zones „„Educational, training and tutoring schoolsEducational, training and tutoring schoolsfor for trades, cosmetology, pet grooming, music, trades, cosmetology, pet grooming, music, dance, martial arts, gymnastics and language dance, martial arts, gymnastics and language --CC--2, C2, C--T and CT and C--L zonesL zones„„Bookbinding/book printing/publishingBookbinding/book printing/publishing--CC--M, M, M and PM and P--M zonesM zones Delete Incompatible Conditional UsesDelete Incompatible Conditional Uses„„No longer permit some previously allowed No longer permit some previously allowed conditional uses in specific zonesconditional uses in specific zones„„Uses are not considered compatible based Uses are not considered compatible based upon accepted planning principles upon accepted planning principles „„Examples: Examples: gas stations, drug paraphernalia gas stations, drug paraphernalia stores, pool halls, escort services, bowling stores, pool halls, escort services, bowling alleys, coin operated arcades and racetracksalleys, coin operated arcades and racetracksin the Open Space and Exclusive Agricultural in the Open Space and Exclusive Agricultural zoneszones Revise City CUP Extension PracticesRevise City CUP Extension Practices„„No longerNo longerrequire the approval of require the approval of CUPsCUPswith time specific expiration with time specific expiration date.date.„„No longerNo longerrequire CUP extensions require CUP extensions New Code Protections:New Code Protections:„„SectionSection21.42.120 21.42.120 --The City has ongoing The City has ongoing authority over all conditional use permits authority over all conditional use permits and may revoke the permit or modify or and may revoke the permit or modify or add new conditions to the permit through a add new conditions to the permit through a noticed public hearing noticed public hearing „„Section 21.42.110 (C) Section 21.42.110 (C) --Allows the Allows the applicable decision making authority the applicable decision making authority the discretion to place an expiration date on discretion to place an expiration date on any conditional use permitany conditional use permit Minor CUP Application FeeMinor CUP Application Fee„„Recommend establishing a fee equal to Recommend establishing a fee equal to the Administrative Variance (AV) Feethe Administrative Variance (AV) Fee„„The Minor CUP review process will The Minor CUP review process will duplicate the existing AV review processduplicate the existing AV review process„„Proposed fee amount is $630.00Proposed fee amount is $630.00 RecommendationRecommendation„„That the City Council introduce the That the City Council introduce the ordinance approving ZCA 04ordinance approving ZCA 04--09 and 09 and approve the Negative Declaration,LCPA approve the Negative Declaration,LCPA 0404--15 and the Minor CUP application 15 and the Minor CUP application feefee