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HomeMy WebLinkAbout2010-07-27; City Council; 20329; MISCELLAENEOUS ZONE CODE AMENDMENTSCITY OF CARLSBAD - AGENDA BILL 20.329AB# MTG. 7/27/10 DEPT. CED MISCELLANEOUS ZONE CODE AMENDMENTS ZCA 07-02/LCPA 07-03 DEPT. DIRECTOR CITY ATTORNEY CITY MANAGER RECOMMENDED ACTION: That the City Council hold a public hearing and INTRODUCE Ordinance No. cS-102 17 APPROVING an amendment to the City of Carlsbad Zoning Ordinance (ZCA 07-02), and ADOPT Resolution No. 2010-200 APPROVING a Local Coastal Program Amendment (LCPA 07-03), for consistency with ZCA 07-02, based upon the findings contained therein. ITEM EXPLANATION: Project ZCA 07-02 LCPA 07-03 Planning Commission RA RA City Council X X Coastal Commission** • RA = Recommended adoption/approval X = Final City decision-making authority • = Requires Coastal Commission approval ** = Will not become effective until the Coastal Commission approves LCPA 10-01 This proposal involves a City-initiated Zone Code Amendment and Local Coastal Program Amendment to make various minor amendments to the text of the Zoning Ordinance that apply citywide. The primary purpose of this project is to amend many unrelated sections of the Zoning Ordinance that contain minor errors, need to be clarified, should be updated to reflect current conditions, or require other minor changes (i.e. "clean-up" amendments). In addition to the "clean-up" amendments, several new miscellaneous requirements are proposed. These relate to second dwelling units, incidental outdoor dining areas, child daycare centers, provisions to determine or modify parking standards, and requirements for permit appeals. The amendments proposed in the project will: 1. Improve Code consistency (internally with other titles of the Municipal Code and the General Plan, and externally with State law); and 2. Improve usability, by clarifying procedures and Code wording; and, 3. Improve relevancy, through updates that incorporate current terms and procedures. On June 2, 2010, a public hearing was held by the Planning Commission to consider the proposed amendments to the Zoning Ordinance and Local Coastal Program (ZCA 07-02/LCPA 07-03). No members of the public spoke in regard to the project, and the Planning Commission DEPARTMENT CONTACT: Corey Funk 760-602-4645 corey.funk@carlsbadca.qov FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED n n n n CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER - SEE MINUTES nnn n Page 2 voted 7 - 0 to recommend approval of the proposed amendments. Staff's analysis of the proposed amendments is contained in the Report to the Planning Commission, dated June 2, 2010 (Exhibit 5). At the hearing, the Planning Commission raised concerns about proposed amendments relating to the definition of "Family", provisions for large family day care homes, and the requirement that second dwelling units constructed by homeowners are to be rented to low income individuals. These concerns, as well as staff's responses are summarized in Exhibit 4 attached to this agenda bill. For additional information, please also see the excerpts of the Planning Commission Minutes in Exhibit 6. FISCAL IMPACT: The only anticipated fiscal impact would be from staff time required to complete the amendment process through the California Coastal Commission. ENVIRONMENTAL IMPACT: The proposed amendments are exempt from environmental review pursuant to CEQA Section 15061(b)(3), which exempts projects "where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment." The changes proposed by this project are primarily procedural in nature, are not substantial and will not significantly affect the existing development standards in the Zoning Ordinance; therefore, the project will not result in a significant effect on the environment. A notice of exemption will be filed. EXHIBITS: 1. City Council Ordinance No cs-102 2. City Council Resolution No. 2010-200 3. Planning Commission Resolutions No. 6696 and 6697 4. Summary of Planning Commission concerns and staff responses 5. Planning Commission Staff Report dated June 2, 2010 6. Excerpts of the Planning Commission Minutes dated June 2, 2010. 1 ORDINANCE NO. CS-102 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A ZONE CODE 3 AMENDMENT FOR VARIOUS AND UNRELATED MINOR AMENDMENTS TO THE TEXT OF THE ZONING ORDINANCE. 4 CASE NAME: MISCELLANEOUS ZONE CODE AMENDMENTS CASE NO.: ZCA 07-02 5 The City Council of the City of Carlsbad, California, does ordain as follows: 6 SECTION I: That the list of sections in Chapter 21.04 (Definitions) is amended, by the deletion of the reference to "21.04.188.1 Incidental outdoor dining areas", and the addition of8 the following reference to Section 21.04.290.1: 21.04.290.1 Outdoor Dining (Incidental) } j SECTION II: That Section 21.04.145 (Definitions, "Family") is amended as follows: 12 21.04.145 Family. "Family" means one or more persons living together in a dwelling unit, with common 13 access to, and common use of all living, kitchen, and eating areas within the dwelling unit. Residents and operators of a residential care facility serving six or fewer persons shall be 14 considered a family for purposes of any zoning regulation relating to residential use of such facilities. 15 SECTION III: That Section 21.04.188.1 (Definitions, Incidental outdoor dining areas) is 16 deleted. 17 SECTION IV: That Section 21.04.290.1 (Definitions, Outdoor Dining (Incidental)) is 18 added as follows: 19 21.04.290.1 Outdoor Dining (Incidental). 20 "Outdoor dining (incidental)" means a small extension of an indoor restaurant, bona fide eating establishment, or deli, which extends outdoors beyond the walls of the restaurant, 21 and does not exceed the limitations established in Chapter 21.26. 22 SECTION V: That Section 21.05.095 (Zone Establishments - Boundaries, Combination ?"}Zoning) is amended as follows: 74 21.05.095 Combination zoning. A. As provided by the Carlsbad General Plan, some areas of the city are suitable for more than one land use classification; and often, multiple land use designations are assigned to , areas in the early planning stages when it is unclear what the most appropriate designation may be or where the boundaries of such designations should be located. These areas are referred 27 to in the General Plan as "combination districts". It is the intent of this section to implement the General Plan provisions for "combination districts", as follows: 28 1 1 . Two or more zones (combination zoning) may be permitted on property with two or more General Plan land use designations (combination district), as a means of implementing 2 the combination district. 2. The designation of combination zoning requires additional comprehensive 3 planning. Prior to the approval of any permits for development of property with combination zoning, the following must occur: 4 a. If the combination zoning applies to property consisting of 25 acres or more, a specific plan shall be approved pursuant to Section 65450 et seq. of the Government Code. 5 The specific plan shall establish the regulations and development standards for such property and the uses permitted thereon, consistent with the underlying general plan designations. 6 b. If the combination zoning applies to property consisting of less than 25 acres, a site development plan shall be approved and shall establish the regulations and development 7 standards for such property and the uses permitted thereon shall be consistent with the underlying zoning designations. 8 SECTION VI: That the legend of Table A of Section 21.07.020 (E-A Exclusive Agricultural Zone, Permitted Uses) is amended as follows: Table A Permitted Uses 1 9 In the table, below, subject to all applicable permitting and development requirements of the municipal code: "P" indicates use is permitted. (See note 7 below) "CUP" indicates use is permitted with approval of a conditional use permit. (See note 7 below) , 1 = Administrative hearing process 2 = Planning commission hearing process , 7 3 = City council hearing process "Ace" indicates use is permitted as an accessory use. 18 SECTION VII: That Table A of Section 21.07.020 (E-A Exclusive Agricultural Zone, 19 Permitted Uses) is amended by the addition of the following footnote: 20 7. Any use meeting the definition of an entertainment establishment, as defined in Section 21 8.09.020 of the Carlsbad Municipal Code (CMC), shall be subject to the requirements of CMC Chapter 8.09. 22 SECTION VIII: That Section 21.07.120(1) (E-A Exclusive Agricultural Zone, 23 Development standards) is amended as follows: 24 (1) Garage(s), which are provided to meet the parking requirements for dwellings 25 pursuant to Section 21.44.020 of this title, shall be architecturally integrated with and have an exterior similar to the dwelling unit. 26 /// 27 /// 28 -2- SECTION IX: That the legend of Table A of Section 21.08.020 (R-A Residential 2 j Agricultural Zone, Permitted Uses) is amended as follows: 3 Table A Permitted Uses 4 In the table, below, subject to all applicable permitting and development requirements of the 5 municipal code: 6 "P" indicates use is permitted. (See note 7 below) "CUP" indicates use is permitted with approval of a conditional use permit. (See note 7 below) 1 = Administrative hearing process. 2 = Planning commission hearing process. 3 = City council hearing process. "Ace" indicates use is permitted as an accessory use. SECTION X: That Table A of Section 21.08.020 (R-A Residential Agricultural Zone, 12 Permitted Uses is amended by the addition of the following use: 13 14 Uses Residential care facilities (serving six or fewer persons) (defined: Section 21.04.300) P X CUP Ace 15 SECTION XI: That Table A of Section 21.08.020 (R-A Residential Agricultural Zone, 16 Permitted Uses) is amended by the addition of the following footnote: 17 7. Any use meeting the definition of an entertainment establishment, as defined in Section 8.09.020 of the Carlsbad Municipal Code (CMC), shall be subject to the requirements of CMC 18 Chapter 8.09. 19 SECTION XII: That Section 21.08.100.A.1 (R-A Residential Agricultural Zone, 20 Development standards) is amended as follows: 21 1. Garage(s), which are provided to meet the parking requirements for dwellings pursuant to Section 21.44.020 of this title, shall be architecturally integrated with and have an 22 exterior similar to the dwelling unit. 23 SECTION XIII: That the legend of Table A of Section 21.09.020 (R-E Rural Residential 74 Estate Zone, Permitted Uses) is amended as follows: 25 Table A 0/: Permitted Uses2o 27 In the table, below, subject to all applicable permitting and development requirements of the municipal code: 28 -3- Use Residential care facilities (serving six or fewer persons) (defined: Section 21.04.300) P X CUP Ace 1 "P" indicates the use is permitted. (See note 6 below) "CUP" indicates that the use is permitted with approval of a conditional use permit. (See 2 note 6 below) 3 1 = Administrative hearing process. 2 = Planning commission hearing process. 4 3 = City council hearing process. "Ace" indicates the use is permitted as an accessory use. 5 SECTION XIV: That Table A of Section 21.09.020 (R-E Rural Residential Estate Zone, 6 Permitted Uses is amended by the addition of the following use: 8 9 10 SECTION XV: That Table A of Section 21.09.020 (R-E Rural Residential Estate Zone, Permitted Uses) is amended by the addition of the following footnote: 6. Any use meeting the definition of an entertainment establishment, as defined in Section 8.09.020 of the Carlsbad Municipal Code (CMC), shall be subject to the requirements of CMC Chapter 8. 09. 14 SECTION XVI: That Section 21.09.190(1) (R-E Rural Residential Estate Zone, 15 Development standards) is amended as follows: 16 (1) Garage(s), which are provided to meet the parking requirements for dwellings pursuant to Section 21.44.020 of this title, shall be architecturally integrated with and have an 17 exterior similar to the dwelling unit. 18 SECTION XVII: That the legend of Table A of Section 21.10.020 (R-1 One-Family 19 Residential Zone, Permitted Uses) is amended as follows: 20 Table A Permitted Uses 21 In the table, below, subject to all applicable permitting and development requirements of 22 the municipal code: 23 "P" indicates use is permitted. (See note 4 below) "CUP" indicates use is permitted with approval of a conditional use permit. (See note 4 24 below) 25 1 = Administrative hearing process. 2 = Planning commission hearing process. 3 = City council hearing process. "Ace" indicates use is permitted as an accessory use. 28 .4. SECTION XVIII: That Table A of Section 21.10.020 (R-1 One-Family Residential Zone, 2 Permitted Uses is amended by the addition of the following use: 3 Use Residential care facilities (serving six or fewer persons) (defined: Section 21.04.300) P X CUP Ace 4 5 SECTION XIX: That Table A of Section 21.10.020 (R-1 One-Family Residential Zone, Permitted Uses) is amended by the addition of the following footnote: 4. Any use meeting the definition of an entertainment establishment, as defined in Section £ 8.09.020 of the Carlsbad Municipal Code (CMC), shall be subject to the requirements of CMC Chapter 8.09. 9 SECTION XX: That Section 21.10.030 (R-1 One Family Residential Zone, Second 10 dwelling units) is amended as follows: 11 21.10.030 Second dwelling units. 12 A. The public good is served when there exists in a city housing which is appropriate for the needs of and affordable to all members of the public who reside within that 13 city. Among other needs, there is in Carlsbad a need for affordable rental housing. Therefore, it is in the public interest for the city to promote a range of housing alternatives in order to meet 14 the affordable rental housing needs of its citizens. This section is intended to provide a rental housing alternative by establishing a procedure to create new second dwelling units. 15 B. The provisions of this section shall apply to single-family zones R-A, R-E and R- 1, areas designated by a master plan for single-family detached dwellings in P-C zones and lots 16 within multifamily zones R-2, R-3, R-P, R-T, R-W and RD-M, which are developed with single- family residences. 17 C. Second dwelling units developed within the coastal zone require a minor coastal development permit issued according to the provisions of Section 21.201.085 and a building 18 permit. Second dwelling units outside of the coastal zone require a building permit. D. The completed minor coastal development permit and/or building permit 19 application for a second dwelling unit shall include the following information: 1. The name(s) of the owner(s); 20 2. The address of the dwelling units; 3. The assessor's parcel number; 21 4. Building elevations and a general floor plan of the second dwelling unit; 5. A scaled drawing showing the lot dimensions, the location of the primary and 22 second dwelling unit, location of all vehicular parking and the total square footage of both units; 6. Description and location of water and sanitary (sewer) services; and 23 7. An owner signed and notarized Notice of Restriction, to be recorded against the property, in conformance with Section 21.10.030.E. 15 of this Chapter. 24 E. Second dwelling units shall comply with the following: 1. The second dwelling unit shall either be attached to the main dwelling unit and 25 located within the habitable area of the main dwelling unit or detached from the main dwelling unit and located on the same lot as the main dwelling unit; 26 2. The second dwelling unit shall have a separate entrance; 3. The second dwelling unit must meet the setback, lot coverage and other 27 development standards applicable to the zone which are not addressed within this subsection. 28 -5- 1 In the coastal zone, any housing development processed pursuant to this chapter shall be consistent with all certified local coastal program provisions, with the exception of density, or as 2 otherwise specified within this subsection; 4. Attached second dwelling units shall conform to the height limits applicable to the 3 zone and detached second dwelling units shall be limited to one story, except that second dwelling units constructed above detached garages shall be permitted and shall conform to the 4 height limits applicable to the zone; 5. Garage conversions are prohibited unless replacement off-street garage parking 5 is provided concurrently and in compliance with the requirements of Chapter 21.44; 6. Second dwelling units shall not be permitted on a lot or parcel having guest or 6 accessory living quarters, or a residential care facility. Existing guest or accessory living quarters may be converted into a second dwelling unit provided that all zoning and structural 7 requirements are met; 7. One additional paved off-street (covered or uncovered) parking space shall be 8 provided for the second dwelling unit and shall comply with the requirements of Chapter 21.44. The additional parking space may be provided through tandem parking (provided that the 9 garage is set back a minimum of twenty feet from the property line) or in the front yard setback; 8. Adequate water and sewer capacity and facilities for the second dwelling unit 10 must be available or made available; 9. All necessary public facilities and services must be available or made available; 11 10. The second unit may be rented and shall not be sold separately from the main dwelling unit unless the lot on which such units are located is subdivided. The lot upon which 12 the second unit is located shall not be subdivided unless each lot which would be created by the subdivision will comply with the requirements of this title and Title 20; and further provided, that all structures existing on each proposed lot will comply with the development standards applicable to each lot; 11. The total area of floor space for an attached or detached second unit shall not exceed six hundred forty square feet; 12. The second dwelling unit shall be architecturally compatible with the main dwelling unit, in terms of appearance, materials and finished quality; 13. A second dwelling unit which conforms to the requirements of this section shall be allowed to exceed the permitted density for the lot upon which it is located and shall be 17 deemed to be a residential use consistent with the density requirements of the general plan and the zoning designation for the lot; 14. Second dwelling units intended to satisfy an inclusionary requirement shall comply with the requirements of Chapter 21.85, including but not limited to the applicable rental rates and income limit standards. 15. The owner shall sign and notarize a Notice of Restriction, to be recorded against the property, declaring that: ~, a. If the second dwelling unit is rented, the monthly rental rate shall not exceed the allowable housing expense of a low-income household (defined: Section 21.85.020). b. The property owner(s) shall reside in either the main dwelling unit or the second dwelling unit, unless a lessee leases both the main dwelling and the second dwelling unit; c. The obligations and restrictions imposed on the second dwelling unit per this Chapter are binding on all present and future property owners. 24 SECTION XXI: That Section 21.10.120A1 (R-1 One-Family Residential Zone, 25 Development standards) is amended as follows: 26 1. Garage(s), which are provided to meet the parking requirements for dwellings 27 pursuant to Section 21.44.020 of this title, shall be architecturally integrated with and have an exterior similar to the dwelling unit. 28 -6- SECTION XXII: That the legend of Table A of Section 21.12.020 (R-2 Two-Family 2 Residential Zone, Permitted Uses) is amended as follows: 3 Table A Permitted Uses 4 In the table, below, subject to all applicable permitting and development requirements of 5 the municipal code: 6 "P" indicates the use is permitted. (See note 7 below) "CUP" indicates that the use is permitted with approval of a conditional use permit. (See note 7 below) 1 = Administrative hearing process. 2 = Planning commission hearing process. 3 = City council hearing process. "Ace" indicates the use is permitted as an accessory use. SECTION XXIII: That Table A of Section 21.12.020 (R-2 Two-Family Residential Zone, Permitted Uses is amended by the addition of the following use: 13 14 Use Residential care facilities (serving six or fewer persons) (defined: Section 21.04.300) P X CUP Ace 15 SECTION XXIV: That Table A of Section 21.12.020 (R-2 Two-Family Residential 16 Zone, Permitted Uses) is amended by the addition of the following footnote: 17 7. Any use meeting the definition of an entertainment establishment, as defined in Section 8.09.020 of the Carlsbad Municipal Code (CMC), shall be subject to the requirements of CMC 18 Chapter 8.09. 19 SECTION XXV: That the legend of Table A of Section 21.16.020 (R-3 Multiple-Family 20 Residential Zone, Permitted Uses) is amended as follows: 21 Table A Permitted Uses 22 In the table, below, subject to all applicable permitting and development requirements of the municipal code: "P" indicates the use is permitted. (See note 7 below) "CUP" indicates that the use is permitted with approval of a conditional use permit. (See 25 note 7 below) 1 = Administrative hearing process. 2 = Planning commission hearing process. 3 = City council hearing process. "Ace" indicates the use is permitted as an accessory use. 28 -7- SECTION XXVI: That Table A of Section 21.16.020 (R-3 Multiple-Family Residential 2 Zone, Permitted Uses is amended by the addition of the following use: 3 Use Residential care facilities (serving six or fewer persons) (defined: Section 21.04.300) P X CUP Ace 4 5 SECTION XXVII: That Table A of Section 21.16.020 (R-3 Multiple-Family Residential Zone, Permitted Uses) is amended by the addition of the following footnote: 7. Any use meeting the definition of an entertainment establishment, as defined in Section 8.09.020 of the Carlsbad Municipal Code (CMC), shall be subject to the requirements of CMC Chapter 8.09. 9 SECTION XXVIII: That Section 21.16.070 (R-3 Multiple-Family Residential Zone, 10 Minimum lot area) is amended as follows: 11 21.16.070 Minimum lot area. 12 A. The minimum required area of a lot in the R-3 zone shall be not less than seven thousand five hundred square feet. 13 SECTION XXIX: That Section 21.16.080 (R-3 Multiple-Family Residential Zone, Lot 14 width) is amended as follows: 15 21.16.080 Lot width. 16 A. Every lot created after the effective date of the ordinance codified in this chapter shall maintain a width not less than sixty feet at the rear line of the required front yard. 17 SECTION XXX: That the legend of Table A of Section 21.18.020 (R-P Residential18 Professional Zone, Permitted Uses) is amended as follows: Table A 20 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: J "P" indicates use is permitted. (See note 3 below) "CUP" indicates use is permitted with approval of a conditional use permit. (See note 3 below) 25 1 = Administrative hearing process 2 = Planning commission hearing process 3 = City council hearing process ?7 "Ace" indicates use is permitted as an accessory use. 28 -8- 1 SECTION XXXI: That Table A of Section 21.18.020 (R-P Residential Professional 2 Zone, Permitted Uses) is amended by the addition of the following footnote: 3 3. Any use meeting the definition of an entertainment establishment, as defined in Section 8.09.020 of the Carlsbad Municipal Code (CMC), shall be subject to the requirements of CMC 4 Chapter 8.09. 5 SECTION XXXII: That the legend of Table A of Section 21.20.010 (R-T Residential " Tourist Zone, Permitted Uses) is amended as follows: 7 Table A Permitted Useso In the table, below, subject to all applicable permitting and development requirements of the municipal code: "P" indicates use is permitted. (See note 2 below) 1. "CUP" indicates use is permitted with approval of a conditional use permit. (See note 2 below) 12 1 = Administrative hearing process ,T 2 = Planning commission hearing process 3 = City council hearing process 14 "Ace" indicates use is permitted as an accessory use. 15 SECTION XXXIII: That Table A of Section 21.20.010 (R-T Residential Tourist Zone, 16 Permitted Uses) is amended by the addition of the following footnote: 17 2. Any use meeting the definition of an entertainment establishment, as defined in Section 8.09.020 of the Carlsbad Municipal Code (CMC), shall be subject to the requirements of CMC 18 Chapter 8.09. 19 SECTION XXXIV: That Section 21.21.140 (H-O Hospital Overlay Zone, Parking) is 20 amended as follows: 21 21.21.140 Parking. A. Parking shall be provided subject to the provisions of Chapter 21.44 of this title. 22 B. Additional parking may be required as part of the site development plan. 23 SECTION XXXV: That the legend of Table A of Section 21.22.020 (R-W Residential 24 Waterway Zone, Permitted Uses) is amended as follows: 25 Table A Permitted Uses26 In the table, below, subject to all applicable permitting and development requirements of the municipal code: 28 -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 "P" indicates use is permitted. (See note 7 below) "CUP" indicates use is permitted with approval of a conditional use permit. (See note 7 below) 1 = Administrative hearing process 2 = Planning commission hearing process 3 = City council hearing process "Ace" indicates use is permitted as an accessory use. SECTION XXXVI: That Table A of Section 21.22.020 (R-W Residential Waterway Zone, Permitted Uses) is amended by the addition of the following use: Use Residential care facilities (serving six or fewer persons) (defined: Section 21.04.300) P X CUP Ace SECTION XXXVII: That Table A of Section 21.22.020 (R-W Residential Waterway Zone, Permitted Uses) is amended by the addition of the following footnote: 7. Any use meeting the definition of an entertainment establishment, as defined in Section 8.09.020 of the Carlsbad Municipal Code (CMC), shall be subject to the requirements of CMC Chapter 8.09. SECTION XXXVIII: That the legend of Table A of Section 21.24.020 (RD-M Residential Density-Multiple Zone, Permitted Uses) is amended as follows: 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. (See note 6 below) "CUP" indicates use is permitted with approval of a conditional use permit. (See note 6 below) 1 = Administrative hearing process 2 = Planning commission hearing process 3 = City council hearing process "Ace" indicates use is permitted as an accessory use. SECTION XXXIX: That Table A of Section 21.24.020 (RD-M Residential Density- Multiple Zone, Permitted Uses) is amended by the addition of the following use: Use Residential care facilities (serving six or fewer persons) (defined: Section 21.04.300) P X CUP Ace -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 SECTION XL: That Table A of Section 21.24,020 (RD-M Residential Density-Multiple Zone, Permitted Uses) is amended by the addition of the following footnote: 6. Any use meeting the definition of an entertainment establishment, as defined in Section 8.09.020 of the Carlsbad Municipal Code (CMC), shall be subject to the requirements of CMC Chapter 8.09. SECTION XLI: That Section 21.24.050.A.3 (RD-M Residential Density-Multiple Zone, Side yard) is amended as follows: 3. A zero foot side yard setback shall be permitted to one interior side yard, provided: a. That the owners of both lots common to the proposed zero foot side yard are in agreement, b. That the remaining side yard shall be not less than twenty-five percent of the total lot width measured at the front setback line, c. That the building permit application and other permit applications required by this code (if any) for the project shall include a site plan that shows the proposed building location, parking, and side yard setback for both lots common with the proposed zero foot side yard, to the satisfaction of the planning director, and d. That an easement or other recorded agreement for maintenance purposes be granted to provide access to the adjoining lot when there is no side yard. SECTION XLII: That Table A of Section 21.25.040.D (Community Facilities Zone, Permitted Uses) is amended as follows: 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. (See note 1 below) "CUP" indicates that the use is permitted with approval of a conditional use permit. (See note 1 below) 1 = Administrative hearing process. 2 = Planning commission hearing process. 3 = City council hearing process. "Ace" indicates the use is permitted as an accessory use. Use Adult and/or senior day care and/or recreation facility (private or nonprivate) Agricultural farm worker housing (temporary) (subject to Section 21. 42.140(B)(2)) Charitable service (private/semi-private) Child day care center (subject to the requirements of Chapter 21. 83) (defined: Section 21.04.086) P X CUP 2 3 2 Ace -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 Use Churches, synagogues, temples, convents, monasteries, and other places of worship Civic associations (e.g., League of Women Voters, etc.) Clubs — nonprofit; business, civic, professional, etc. (defined: Section 21.04.090) Fraternal associations and lodges (except college fraternities/sororities) Mobile buildings (subject to Section 21.42.140(B)(90)) (defined: Section 21.04.265) Office area (see note 2 below) Religious reading room (separate from church) Social clubs (noncommercial) Veterans' organizations (including meeting facilities) Welfare and charitable services (private or semi-private) with no permanent residential uses (e.g., Good Will, Red Cross, Traveler's Aid) Wireless communications facilities (subject to Section 21.42.140 (B)(165)) (defined: Section 21.04.379) Youth organizations (e.g., Boy Scouts, Girl Scouts, Boys and Girls Clubs, YMCA and YWCA, except lodgings) P CUP 2 2 2 2 2 1 3 2 2 1/2 2 Ace X Notes: 1. Any use meeting the definition of an entertainment establishment, as defined in Section 8.09.020 of the Carlsbad Municipal Code (CMC), shall be subject to the requirements of CMC Chapter 8.09. 2. 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. SECTION XLIII: That the legend of Table A of Section 21.26.010 (C-1 Neighborhood Commercial Zone, Permitted uses) is amended as follows: 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. (See note 1 below) "CUP" indicates use is permitted with approval of a conditional use permit. (See note 1 below) 1 = Administrative hearing process. 2 = Planning commission hearing process. 3 = City council hearing process. "Ace" indicates use is permitted as an accessory use. SECTION XLIV: That Table A of Section 21.26.010 (C-1 Neighborhood Commercial Zone, Permitted uses) is amended by the addition of the following use: -12- 1 2 Use Outdoor dining (incidental) (subject to Section 21.26.013) (defined: Section 21.04.290.1) P CUP Ace X 3 SECTION XLV: That the footnotes of Table A of Section 21.26.010 (C-1 Neighborhood Commercial Zone, Permitted uses) are amended as follows: Notes: 1. Any use meeting the definition of an entertainment establishment, as defined in Section 6 8.09.020 of the Carlsbad Municipal Code (CMC), shall be subject to the requirements of CMC Chapter 8.09. SECTION XLVI: That Section 21.26.013 (C-1 Neighborhood Commercial Zone, Incidental outdoor dining areas permitted by administrative permit) is amended as follows: 21.26.013 Outdoor dining (incidental) permitted by administrative permit. Outdoor dining (incidental) may be approved by administrative permit for restaurants, bona fide eating establishments, and delis in zones where outdoor dining (incidental) is permitted. The owner of the subject property shall make written application to the planning 12 director. Such application shall include all materials deemed necessary by the director to show that the requirements of subsection (c) of this section are met. If the proposed outdoor dining 13 (incidental) is located in the coastal zone and is not exempt from a coastal development permit by Chapter 21.201, the application shall also include an application for a coastal development 14 permit or minor coastal development permit. (a) The director shall give written notice to all property owners within three hundred 15 feet of the subject property of pending development decision after the application is complete, at least ten calendar days prior to the decision on the application as follows: 16 (1) Contents. The notice shall include all requirements of Section 21.54.061 of this code, including a notice of a public comment period of at least fifteen calendar days sufficient to 17 receive and consider comments submitted by mail prior to the date established for the decision. The notice shall also include a statement that a public hearing shall be held upon request by 18 any person and a statement that failure by a person to request a public hearing may result in the loss of that person's ability to appeal approval of the administrative permit by the director to the 9 planning commission. (b) The director may approve, approve with conditions, or deny the permit. The 20 director may waive a public hearing on an administrative permit if notice has been provided in accordance with subsection (a)(1) of this section and a request for a public hearing has not 21 been received by the city within ten calendar days from the date of sending the notice. If a request for a public hearing is received, a public hearing before the director shall be held in the 22 same manner as a planning commission hearing. In either event, the director's decision shall be based upon the requirements of, and shall include, specific factual findings supporting whether 23 the project is or is not in conformity with the requirements of subsection (c) of this section. The director's decision shall be made in writing. The date of the decision shall be the 24 date the writing containing the decision or determination is mailed or otherwise delivered to the person or persons affected by the decision. If the matter includes a coastal development permit 25 or minor coastal development permit, unless the decision is appealed, the director shall provide a notice of final action in accordance with Sections 21.201.160 and 21.201.170. 26 (c) Development Standards. All areas providing outdoor dining (incidental) shall comply with the following development standards: /// 28 -13- 1 (1) Outdoor dining areas shall comply with all applicable requirements of the State of California Disabled Access Regulations (Title 24); 2 (2) Outdoor dining areas shall comply with all applicable requirements of the alcoholic beverage commission, if alcoholic beverages are served in the outdoor area; 3 (3) Outdoor dining areas shall be operated only during the hours of operation of the associated restaurant; 4 (4) Outdoor dining areas shall be used exclusively for eating and drinking; (5) Outdoor dining areas shall be located on private property only 5 (5) Outdoor dining areas shall provide adequate circulation to accommodate normal pedestrian traffic and circulation for the outdoor dining area. Pedestrian clearance between 6 tables and/or walls/fences shall be a minimum forty-two inches wide; (6) Outdoor dining (incidental) shall be utilized only as extensions of restaurants, 7 bona fide eating establishments, or delis that provide indoor seating and are licensed for such service. (7) The maximum area provided for outdoor dining (incidental) shall be limited to a maximum of four hundred square feet. (8) Outdoor dining areas shall not be located where the incidental outdoor dining area would: 10 (A) Encroach into the public right-of-way, (B) Eliminate any existing parking spaces, (C) Interfere with vehicle or pedestrian circulation, (D) Remove or reduce existing landscaping (unless equivalent additional 12 landscaping is provided elsewhere to the satisfaction of the planning director), (E) Present a traffic hazard; or (F) Be incompatible with outdoor dining, in the opinion of the city engineer, because of the speed, volume or nearness of vehicular traffic; (9) When calculating square footage for purposes of determining parking required per Chapter 21.44 of this code, space used for outdoor dining (incidental) pursuant to this section shall be excluded. 16 SECTION XLVII: That the list of sections in Chapter 21.27 (Office Zone) is amended as 17 follows: Sections: jo 21.27.010 Intent and purpose. 21.27.020 Permitted uses. 20 21.27.035 Reserved. 21.27.040 Site development plan required. 21.27.050 Development standards. 22 SECTION XLVIII: That the legend of Table A of Section 21.27.020 (Office Zone, 23 Permitted Uses) is amended as follows: 24 Table A Permitted Uses 25 In the table, below, subject to all applicable permitting and development requirements of 26 the municipal code: 27 /// 28 -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 "P" indicates use is permitted. (See note 1 below) "CUP" indicates use is permitted with approval of a conditional use permit. (See note 1 below) 1 = Administrative hearing process. 2 = Planning commission hearing process. 3 = City council hearing process. "Ace" indicates use is permitted as an accessory use. SECTION XLIX: That Table A of Section 21.27.020 (Office Zone, Permitted Uses) is amended by the addition of the following use: Use Child day care centers (subject to Chapter 21.83) (defined: Section 21. 04.086) P X CUP Ace SECTION L: That Table A of Section 21.27.020 (Office Zone, Permitted Uses) is amended by the addition of the following use: Use Outdoor dining (incidental) (subject to Section 21.26.013) (defined: Section 21.04.290.1) P CUP Ace X SECTION LI: That Table A of Section 21.27.020 (Office Zone, Permitted Uses) is amended by the addition of the following footnote: Note: 1. Any use meeting the definition of an entertainment establishment, as defined in Section 8.09.020 of the Carlsbad Municipal Code (CMC), shall be subject to the requirements of CMC Chapter 8. 09. SECTION LI I: That Section 21.27.021 (O Office Zone, Child day care centers by administrative permit) is deleted. SECTION Llll: That Section 21.27.035 (O Office Zone, Incidental outdoor dining areas permitted by administrative permit) is amended as follows: 21.27.035 Reserved. SECTION LIV: That Section 21.27.050(8) (O Office zone, Development Standards) is amended as follows: (8) Signs. All signs proposed in the O zone shall comply with Chapter 21.41 of this title. 28 -15- 1 SECTION LV: That Section 21.27.050(14) (O Office Zone, Development Standards, 2 Parking Requirements) is amended as follows: 3 (14) Parking Requirements. Off-street parking shall be provided pursuant to Chapter 21.44 of this title. 4 SECTION LVI: That the list of sections in Chapter 21.28 (C-2 General Commercial Zone) is amended by the deletion of the reference to "21.28.012 Incidental outdoor dining areas6 permitted by administrative permit." 8 SECTION LVII: That the legend of Table A of Section 21.28.010 (C-2 General Commercial Zone, Permitted uses) is amended as follows: Table A Permitted Uses In the table, below, subject to all applicable permitting and development requirements of 12 the municipal code: 13 "P" indicates use is permitted. (See note 1 below) "CUP" indicates use is permitted with approval of a conditional use permit. (See note 1 14 below) 15 1 = Administrative hearing process. 2 = Planning commission hearing process. 16 3 = City council hearing process. "Ace" indicates use is permitted as an accessory use. 17 SECTION LVIII: That Table A of Section 21.28.010 (C-2 General Commercial Zone, 18 Permitted uses) is amended by the addition of the following use: 19 Use Outdoor dining (incidental) (subject to Section 21.26.013) (defined: Section 21.04.290.1) P CUP Ace X20 21 SECTION LIX: That the footnotes of Table A of Section 21.28.010 (C-2 General Commercial Zone, Permitted uses) are amended as follows: Notes: 1. Any use meeting the definition of an entertainment establishment, as defined in Section 7, 8.09.020 of the Carlsbad Municipal Code (CMC), shall be subject to the requirements of CMC Chapter 8.09. 26 SECTION LX: That Section 21.28.012 (C-2 General Commercial Zone, Incidental 27 outdoor dining areas permitted by administrative permit) is deleted. 28 -16- 1 SECTION LXI: That the list of sections in Chapter 21.30 (C-M Heavy Commercial - 2 Limited Industrial Zone) is amended by the deletion of the reference to "21.30.015 Incidental 3 outdoor dining areas permitted by administrative permit." 4 SECTION LXII: That the legend of Table A of Section 21.30.010 (C-M Heavy Commercial - Limited Industrial Zone, Permitted uses) is amended as follows: 6 Table A Permitted Uses In the table, below, subject to all applicable permitting and development requirements of the municipal code. 9 "P" indicates use is permitted. (See note 2 below) 10 "CUP" indicates use is permitted with approval of a conditional use permit. (See note 2 below) 1 = Administrative hearing process. 2 = Planning commission hearing process. 3 = City council hearing process. , o "Ace" indicates use is permitted as an accessory use. 14 SECTION LXIII: That Table A of Section 21.30.010 (C-M Heavy Commercial - Limited 15 Industrial Zone, Permitted uses) is amended by the addition of the following use: 16 17 Use Outdoor dining (incidental) (subject to Section 21.26.013) (defined: Section 21.04.290.1) P CUP Ace X 18 SECTION LXIV: That the footnotes of Table A of Section 21.30.010 (C-M Heavy '9 Commercial - Limited Industrial Zone, Permitted uses) are amended as follows: 20 Notes: 1. Any use permitted in the commercial zones is allowed in the C-M zone, except: (A) 21 Hotels, motels and auto courts, (B) Hospitals (however, industrial emergency hospitals are permitted), (C) Residential care facilities, (D) Professional care facilities, (E) Private clubs, 22 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. 2. Any use meeting the definition of an entertainment establishment, as defined in Section 24 8.09.020 of the Carlsbad Municipal Code (CMC), shall be subject to the requirements of CMC Chapter 8.09. 26 SECTION LXV: That Section 21.30.015 (C-M Heavy Commercial - Limited Industrial Zone, Incidental outdoor dining areas permitted by administrative permit) is deleted. 28 -17- 1 SECTION LXVI: That the legend of Table A of Section 21.31.030 (C-L Local Shopping 2 Center Zone, Permitted uses) is amended as follows: 3 Table A Uses Permitted in the C-L Zone 4 In the table, below, subject to all applicable permitting and development requirements of 5 the municipal code: 6 "P" indicates use is permitted. (See note 5 below) "CUP" indicates use is permitted with approval of a conditional use permit. (See note 5 below) 1 = Administrative hearing process. 2 = Planning commission hearing process. 3 = City council hearing process. "Ace" indicates the use is permitted as an accessory use. SECTION LXVII: That Table A of Section 21.31.030 (C-L Local Shopping Center Zone, , 2 Permitted uses) is amended by the amendment of the following use: "Outdoor dining (incidental) 13 (subject to Section 21.26.013)". 14 15 Use Outdoor dining (incidental) (subject to Section 21.26.013) (defined: Section 21.04.290.1) P CUP Ace X 16 SECTION LXVIII: That the footnotes of Table A of Section 21.31.030 (C-L Local 17 Shopping Center Zone, Permitted uses) are amended as follows: 18 Notes: 1. Accessory buildings and structures and ancillary uses shall be developed as an integral 19 part of a permitted use within or on the same structure or parcel of land. 2. Educational facilities, other. No individual educational facility shall occupy more than ten 20 thousand square feet of gross leasable floor area within any local shopping center. 3. Offices. The total floor area of an office uses shall not exceed forty percent of the gross 21 leasable floor area within any local shopping center. 4. Retail sales may also include those types of goods and services that are typically offered 22 by "community" retail establishments. When "community" retail establishments are included in a local shopping center, they shall be subject to the following: the definition of a local shopping 23 center, Section 21.31.020, and the function of the local shopping center land use class as described in the Carlsbad general plan. 24 5. Any use meeting the definition of an entertainment establishment, as defined in Section 8.09.020 of the Carlsbad Municipal Code (CMC), shall be subject to the requirements of CMC 25 Chapter 8.09. 26 /// 27 /// 28 -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 SECTION LXIX: That the list of sections in Chapter 21.32 (M Industrial Zone) is amended by the deletion of the reference to "21.32.015 Incidental outdoor dining areas permitted by administrative permit." SECTION LXX: That the legend of Table A of Section 21.32.010 (M Industrial Zone, Permitted uses) is amended as follows: 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. (See note 1 below) "CUP" indicates use is permitted with approval of a conditional use permit. (See note 1 below) 1 = Administrative hearing process. 2 = Planning commission hearing process. 3 = City council hearing process. "Ace" indicates use is permitted as an accessory use. SECTION LXXI: That Table A of Section 21.32.010 (M Industrial Zone, Permitted uses) is amended by the addition of the following use: Use Any use permitted in the C-M zone is permitted in the M zone, except child day care centers P X CUP Ace SECTION LXXII: That Table A of Section 21.32.010 (M Industrial Zone, Permitted uses) is amended by the addition of the following use: Use Outdoor dining (incidental) (subject to Section 21.26.013) (defined: Section 21.04.290.1) P CUP Ace X SECTION LXXIII: That the footnotes of Table A of Section 21.32.010 (M Industrial Zone, Permitted uses) are amended as follows: Notes: 1. Any use meeting the definition of an entertainment establishment, as defined in Section 8.09.020 of the Carlsbad Municipal Code (CMC), shall be subject to the requirements of CMC Chapter 8.09. -19- SECTION LXXIV: That Section 21.32.015 (M Industrial Zone, Incidental outdoor dining areas permitted by administrative permit) is deleted. SECTION LXXV: That the legend of Table A of Section 21.33.020 (O-S Open Space Zone, Permitted Uses) is amended as follows: 5 Table A Permitted Uses6 In the table, below, subject to all applicable permitting and development requirements of the municipal code: 23 "P" indicates use is permitted. (See note 1 below) "CUP" indicates use is permitted with approval of a conditional use permit. (See note 1 below) 1 = Administrative hearing process. ,. 2 = Planning commission hearing process. 3 = City council hearing process. 1 ~ "Ace" indicates use is permitted as an accessory use. 13 SECTION LXXVI: That Table A of Section 21.33.020 (O-S Open Space Zone, 14 Permitted Uses) is amended by the addition of the following footnote: 15 Note: 1. Any use meeting the definition of an entertainment establishment, as defined in Section 16 8.09.020 of the Carlsbad Municipal Code (CMC), shall be subject to the requirements of CMC Chapter 8.09. 17 SECTION LXXVII: That the list of sections in Chapter 21.34 (Planned Industrial Zone) 18 is amended by the deletion of the reference to "21.34.035 Incidental outdoor dining areas 19 permitted by administrative permit." 20 SECTION LXXVIII: That the legend of Table A of Section 21.34.020 (P-M Planned 21 Industrial Zone, Permitted Uses) is amended as follows:22 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. (See note 2 below) "CUP" indicates use is permitted with approval of a conditional use permit. (See note 2 below) /// 28 -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 1 = Administrative hearing process. 2 = Planning commission hearing process. 3 = City council hearing process. "Ace" indicates use is permitted as an accessory use. SECTION LXXIX: That Table A of Section 21.34.020 (P-M Planned Industrial Zone, Permitted Uses) is amended by the addition of the following footnote: 2. Any use meeting the definition of an entertainment establishment, as defined in Section 8.09.020 of the Carlsbad Municipal Code (CMC), shall be subject to the requirements of CMC Chapter 8.09. SECTION LXXX: That Section 21.34.035 (P-M Planned Industrial Zone, Incidental outdoor dining areas permitted by administrative permit) is deleted. SECTION LXXXI: That Table A of Section 21.36.020 (P-U Public Utility zone, Permitted Uses) is amended as follows: Table A Permitted Uses In the table, below, subject to all applicable permitting and development requirements of the municipal code: below) "P" indicates use is permitted. (See note 1 below) "CUP" indicates use is permitted with approval of a conditional use permit. (See note 1 1 = Administrative hearing process. 2 = Planning commission hearing process. 3 = City council hearing process. "Ace" indicates use is permitted as an accessory use. Use Accessory uses and structures Agricultural farm worker housing (temporary) (subject to Section 21. 42.140(B)(2)) Airports Alcoholic treatment centers Aquaculture (defined: Section 21.04.036) Aquaculture stands (display/sale) (subject to Section 21.42. 140(B)(10)) Biological habitat preserve (subject to Section 21.42.140(B)(30)) (defined: Section 21.04.048) Campsites (overnight) (subject to Section 21.42.140(B)(40)) Cemeteries Columbariums, crematories, and mausoleums (not within a cemetery) Crop production P X CUP 3 3 2 2 2 2 2 3 2 Ace X -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 Use Energy transmission facilities, including rights-of-way and pressure control or booster stations for gasoline, electricity, natural gas, synthetic natural gas, oil or other forms of energy sources Fairgrounds Floriculture Generation and transmission of electrical energy Golf courses Governmental maintenance and service facilities Greenhouses (2,000 square feet maximum) Greenhouses >2,000 square feet (subject to Section 21.42.140(B)(70)) Hazardous waste facility (subject to Section 21.42.140(B)(75)) (defined: Section 21.04.167) Hospitals (defined: Section 21.04.170) Hospitals (mental) (defined: Section 21.04.175) Mobile buildings (subject to Section 21.42.140(B)(90)) (defined: Section 21.04.265) Nursery crop production Packing/sorting sheds >600 square feet (subject to Section 21.42.140(B)(70)) Pasture and range land Petroleum products pipeline booster stations Processing, using and storage of: (a) natural gas, (b) liquid natural gas, (c) domestic and agricultural water supplies; Public utility district maintenance, storage and operating facilities Radio/television/microwave/broadcast station/tower Recreation facilities Recreational facilities (public or private, passive or active) Recycling collection facilities, large (subject to Chapter 21 . 1 05 of this title) (defined: Section 21 . 1 05.01 5) Recycling collection facilities, small (subject to Chapter 21 . 1 05 of this title) (defined: Section 21 . 1 05.01 5) Recycling process/transfer facility Satellite television antennae (subject to the provisions of Section 21.53.130 of this code) Signs, subject to the provisions of Chapter 21 .41 Stadiums Transit passenger terminals (bus and train) Tree farms Truck farms Using and storage of fuel oils Wastewater treatment, disposal or reclamation facilities Windmills (exceeding • height limit of zone) (subject to Section 21. 42. 140(B)(1 60)) Wireless communications facilities (subject to Section 21 .42.140(B)(165)) (defined: Section 21.04.379) Zoos (private) (subject to Section 21.42.140(B)(170)) (defined: Section 21.04.400) P X X X X X X X X X X X X X X X X X CUP 3 2 1 3 2 2 2 1 2 2 2 1 2 3 2 2 1 12 2 Ace -22- 1 Note: 1 . Any use meeting the definition of an entertainment establishment, as defined in Section 2 8.09.020 of the Carlsbad Municipal Code (CMC), shall be subject to the requirements of CMC Chapter 8.09. 3 SECTION LXXXI I: That the legend of Table A of Section 21.37.020 (RMHP 4 Residential Mobile Home Park Zone, Permitted Uses) is amended as follows: 5 Table A 6 Permitted Uses 8 27 in the table, below, subject to all applicable permitting and development requirements of the municipal code: "P" indicates use is permitted. (See note 4 below) 9 "CUP" indicates use is permitted with approval of a conditional use permit. (See note 4 below)10 1 = Administrative hearing process. 2 = Planning commission hearing process. 3 = City council hearing process. 12 "Ace" indicates use is permitted as an accessory use. 13 SECTION LXXXIII: That Table A of Section 21 .37.020 (RMHP Residential Mobile Home 14 Park Zone, Permitted Uses) is amended by the addition of the following footnote: 4. Any use meeting the definition of an entertainment establishment, as defined in Section 8.09.020 of the Carlsbad Municipal Code (CMC), shall be subject to the requirements of CMC Chapter 8.09. 17 SECTION LXXXIV: That Section 21.37.100.A.17 (RMHP Residential Mobile Home Park 18 Zone, Development Standards) is amended as follows: 19 1 7. Parking shall be provided subject to the provisions of Chapter 21 .44 of this title; 20 SECTION LXXXV: That Section 21.37.100.A.19 (RMHP Residential Mobile Home Park 21 Zone, Development Standards) is amended as follows: 22 19. Reserved. 23 SECTION LXXXVI: That Section 21.38.030 (P-C Planned Community Zone, General provisions) is amended as follows: 21.38.030 General provisions. (a) The P-C zone may be established on parcels of land which are suitable for and of sufficient size to be planned and developed in a manner consistent with the purposes and 28 -23- 1 2 3 4 5 6 7 8 9 10 1-i1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 objectives of this chapter. No P-C zone shall include less than one hundred acres of contiguous land. (b)A planned community shall be subject to all other applicable provisions of Title 20, Subdivisions, and Title 21, Zoning, of this code. Where a conflict in regulation occurs, the regulations specified in this chapter or the approved master plan shall control. SECTION LXXXVII: That the list of sections in Chapter 21 .44 (Parking) is amended as follows: Sections: 21.44.010 21.44.020 21.44.030 21.44.040 21.44.050 21.44.060 21.44.070 21.44.080 21.44.090 21.44.100 Required off-street parking. Off-street parking spaces required. Parking requirements for uses not specified. Waiver or modification of parking standards. General requirements. Off-street parking-Residential zones. Comprehensive planned facilities. Joint use of off-street parking facilities. Common parking facilities. Parking area plan. SECTION LXXXVIII: That Section 21.44.020 (Parking, Off-street parking spaces required) is amended as follows: 21.44.020 A. designated in B. street parking Off-street parking spaces required. The number of off-street parking spaces required for the uses or structures this section shall be no less than as set forth in Table A, below. In the case of multiple uses in a building or on a lot, the total requirements for off- facilities shall be the sum of the requirements for the various uses computed separately, except as otherwise noted.Off-street parking facilities for one use shall not be considered as providing required parking facilities for any other use except as specified in Section 21. 44.080 for joint use. Table A Number of Off-Street Parking Use Residential Uses One-family dwellings Two-family dwellings (apartments only), for condominium projects see "planned developments" Number Two spaces per Spaces Required Of Off-Street Parking Spaces unit, provided as either: a two-car garage (minimum interior 20 feet x 20 feet); or two separate one-car garages (minimum interior 12 feet x 20 feet each) Same as required for one-family dwellings Visitor parking -24- Same as required for multiple-family dwelling visitor parking. 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, Continued Number of Off-Street Parking Spaces Required Use Residential Uses, Cont'd. Commercial, Industrial, and Other Non- Residential Uses Multiple-family dwellings (apartments only), for condominium projects see "planned developments" Second dwelling units Planned Developments Fraternities Mobile Home Parks Residential Care Facilities Rooming House Housing for senior citizens Time-share projects Bed and Breakfast Uses Bowling Alleys Car Rental Agencies Child Day Care Center Delicatessen Number Of Off-Street Parking Spaces u. ' 1.5 spaces/unit, one of which mustone-bedroom ^^^ Units with two 0 ... , . . , . .2 spaces/unit, one of which must beor more r . bedrooms covered Projects with 10 units or fewer Visitor parking Projects with 11^ a units or more A .30 space per each unit. A .25 space per each unit. Visitor parking may be covered or uncovered. 1 space (covered or uncovered), parking required for the primary use dwelling). in addition to the (single, one-family The additional parking space may be provided through tandem parking (provided that the one-family dwelling garage is accessed by a driveway with a minimum depjh of 20 feet), or within the front yard setback. See Chapter 21. 45. 1 .25 spaces for each sleeping room 2 paved and covered spaces per unit 1 visitor parking space for every 4 units. On-street parking may be counted towards meeting the visitor parking requirement. Recreation and laundry areas combined shall have sufficient parking facilities to accommodate one automobile for every five mobile home sites up to fifty lots and one space for each ten lots thereafter. 2 spaces, plus 1 space/three beds 1 space for each sleeping room 1.5 covered spaces per unit, plus 1 covered space for an onsite manager's unit (when provided), and 1 visitor parking space per every five units, subject to approval of a site development plan. 1.2 spaces per unit 2 spaces, one of which must be covered for the owner's unit, plus 1 space for each guest room. 6 per alley 1 space/250 square feet of gross floor area for the car rental office space and customer waiting area. Adequate rental car fleet parking shall be addressed through a fleet parking plan that shall be reviewed and approved by the Planning Director. 1 space/employee plus 1 space for each 10 children 1 space/250 square feet of gross floor area -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 Table A, Continued Number of Off-Street Parking Spaces Required Use Commercial, Industrial, and Other Non- Residential Uses, Cont'd. Driving Ranges Educational Facilities, other Educational institution or school Financial Institutions and Professional Offices Furniture and Appliance Sales Golf Courses Gyms and Health Spas Hospitals Hotels and Motels Industrial building ("spec" - no specific uses identified) Libraries Library Substations Manufacturing Mortuaries Number Of Off-Street Parking Spaces 1 space/tee plus required parking for accessory uses 1 space/200 square feet of gross floor area Preschools/ Nurseries Elementary Schools High Schools Colleges Medical Office Financial Institutions Other office uses Office uses in the village review zone and areas within 300 feet of its boundary 1 space/employee plus 1 space for each 10 students, with an adequate loading and unloading area 1 space/employee, with an adequate loading and unloading area 1 space/employee plus 1 space for each 10 students, with an adequate loading and unloading area 1 space/employee plus 1 space for each 3 students, with an adequate loading and unloading area 1 space/200 square feet of gross floor area 1 space/250 square feet of gross floor area 1 space/250 square feet of gross floor area 1 space/300 square feet of gross floor area 1 space/600 square feet of gross floor area 6 spaces/hole plus required parking for accessory uses. 1 space/200 square feet of gross floor area 3 spaces per bed, or 1/200 square feet of gross floor area, whichever is greater. 1 .2 spaces per unit 1 space/250 square feet of gross floor area 1 1 space/200 square feet of gross floor area 1 space/250 square feet of gross floor area 1 space/400 square feet of gross floor area, plus 1 space for each vehicle used in conjunction with the use 1 space/50 square feet of assembly area -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 Table A, Continued Number of Off-Street Parking Spaces Required Use Commercial, Industrial, and Other Non- Residential Uses, Cont'd. Motor Vehicle Uses Museums Personal and Professional Services 3 Professional Care Facilities Public Assembly Recreational Vehicle Storage Areas Recycling Facilities Research and Development (R&D) Restaurants Retail Uses Visitor/Information Center Theaters Warehouse Number Of Off-Street Parking Spaces Gas 1 space/300 square feet of gross floor area, Stations excluding work bays associated with vehicle repair. Gas stations that include motor vehicle repair services shall provide additional parking as required for motor vehicle "repair" uses. Sales 1 space/400 square feet of gross floor area 4 spaces for every work bay (up through R . three work bays), plus 2 spaces per bay in ep ' excess of three bays. Work_bays do not count as parking spaces. 1 space/500 square feet of gross floor area 1 space/300 square feet of gross floor area .45 parking spaces per every bed 1 space/5 seats, or 1 space/100 square feet of assembly area, whichever is greater. 1 space for every 10,000 square feet of storage area, with a minimum of 3 spaces. 1 space per employee plus 1 space for each commercial vehicle of the recycling facility; and Space for a minimum of 6 vehicles or the anticipated peak hourly customer load, whichever is greater, as determined by the planning director. 1 space/250 square feet of gross floor area Bio industrial R&D - 1 space/300 square feet of gross floor area Less than 4,000 square feet in size 4,000 square feet or greater Individual Shopping Center 1 space/100 square feet of gross floor area 40 spaces plus 1 space/50 square feet of gross floor area in excess of 4,000 square feet. 1 space/300 square feet of gross floor area. 1 space/200 square feet of gross floor area 2 One space/four hundred square feet of gross floor area 1 space/5 seats 1 space/1,000 square feet of gross floor area, plus 1 space for each vehicle used in conjunction with the use -27- 1 1 Projects proposing a "spec" industrial building may provide parking at manufacturing or warehouse standards, provided a deed restriction is recorded on the property indicating that 2 these uses on the property will be retained and no other type of use creating a need for additional parking will be permitted, unless more parking area is provided to meet city 3 parking standards. 2 Uses permitted in the underlying zone may be allowed in under-parked shopping centers 4 without the need to provide additional parking, provided there is no expansion of floor area (this does not apply to conditionally permitted uses). 3 Personal and professional service uses include, but are not limited to, copying/duplicating services, dry cleaners, laundromats, beauty and barber shops, cosmetic services, nail salons, shoe/garment repair, travel agent, etc. 7 SECTION LXXXIX: That Section 21.44.030 (Parking, Parking requirements for uses not 8 specified) is amended as follows: 9 21.44.030 Parking requirements for uses not specified. 10 A. Where the parking requirements for a use are not specifically defined herein, the parking requirements for such use shall be determined by the planning director. Such 11 determination shall be based upon the following: 1. The parking requirements for the most comparable use specified in this chapter; 12 and/or 2. A parking study or other evidence satisfactory to the planning director. 13 SECTION XC: That Section 21.44.040 (Parking, Parking provisions may be waived by 14 planning commission) is amended as follows: 21.44.040 Waiver or modification of parking standards. 16 A. The planning director may waive or modify the provisions as set forth in this title establishing required parking areas for uses such as electrical power generating plants, electrical transformer stations, utility or corporation storage yards or other uses of a similar or like nature where there are a minimal number of employees/occupants. B. The planning director may modify the required parking standards where it can be demonstrated that adequate parking will be provided and the modification will not adversely affect the neighborhood or the site design and circulation. The modification shall be based on the results of a parking study prepared by a registered traffic engineer or other qualified parking consultant, or other evidence satisfactory to the planning director. SECTION XCI: That Section 21.46.130 (Yards, Walls, fences or hedges) is amended as 22 follows: 23 21.46.130 Walls, fences or hedges. 24 In any "R" zone, no fence, wall or hedge over forty-two inches in height shall be permitted in any required front yard setback. In the required side yard or street side of either a 25 corner lot or reversed corner lot, a six-foot high fence may be permitted when approved by the planning director when the safety and welfare of the general public are not imposed upon. The issuing of a permit upon the approval of the planning director shall be subject to special conditions which may vary due to the topography, building placement and vehicular or 27 pedestrian traffic. On an interior lot, a wall or fence not more than six feet in height may be located anywhere to the rear of the required front yard. 28 -28- 1 SECTION XCII: That the list of sections in Chapter 21.47 (Nonresidential Planned 2 Developments) is amended by the deletion of the reference to "21.47.170 Restriction on 3 reapplication for a nonresidential planned development permit." 4 SECTION XCIII: That Section 21.47.020 (Nonresidential Planned Developments, 5 Nonresidential planned development permit) is amended as follows: " 21.47.020 Nonresidential planned development permit. The city council, planning commission or planning director, as provided in this chapter, may approve a permit for a nonresidential planned development in any industrial, commercial or office zone, or combination of zones subject to the requirements thereof except as they may be modified in accord with this chapter. The application for a nonresidential planned development shall state whether the applicant intends to develop the project as a planned unit development, condominium project or . „ stock cooperative project. For purposes of this chapter, a planned unit development is defined by Section 11003 of the Business and Professions Code of the state and a condominium project ,, is defined by Section 1351 of the Civil Code of the state. 12 SECTION XCIV: That Section 21.47.110(d) (Nonresidential Planned Developments, 13 Approval of projects of four units or less by planning director) is deleted. 14 SECTION XCV: That Section 21.47.130(a)(2) (Nonresidential Planned Developments, 15 Amendments) is amended as follows: 16 (2) If the planning commission considers the amendment minor in nature, the additional graphics, statement or other information may be approved by the planning 17 commission resolution and made part of the original city council approval without the necessity of a noticed public hearing pursuant to Section 21.54.060; 18 SECTION XCVI: That Section 21.47.130(a)(3) (Nonresidential Planned Developments, Amendments) is amended as follows:20 (3) A minor amendment shall not change the intensity or the boundaries of the 21 subject property, or involve an addition of a new use or group of uses not shown on the original permit or the rearrangement of uses within the development. If the planning commission 22 determines that the amendment is not minor or that a hearing is otherwise necessary, it shall set the matter for public hearing; 24 SECTION XCVII: That Section 21.47.170 (Nonresidential Planned Developments, 25 Restriction on reapplication for a nonresidential planned development permit) is deleted. 26 SECTION XCVIII: That Section 21.50.010 (Variances, Variance-Granting authority) is 27 amended as follows: 28 -29- 1 21.50.010 Variance-Granting authority. A. When practical difficulties, unnecessary hardships, or results inconsistent with 2 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, subject to 3 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 4 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 5 affect the substantive requirements for protection of coastal resources. 6 SECTION XCIX: That Chapter 21.52 (Amendments) is amended as follows: 7 Chapter 21.52 8 AMENDMENTS 9 Sections: 10 21.52.010 Purpose. 21.52.020 Amendment Initiation. 11 21.52.030 Application and fees. 21.52.040 Authority. 12 21.52.050 Decision-making process. 13 21.52.010 Purpose. A. The purpose of this chapter is to establish the process and requirements to 14 amend this title, the general plan, and the local coastal program, including amendments to the boundaries of land use designations and zones. 15 B. The process and requirements established by this chapter regarding amendments to the local coastal program are intended to be consistent with and shall not 16 supersede the requirements of the California Coastal Act. 17 21.52.020 Amendment Initiation. A. Amendments to this title, the general plan, or local coastal program may be 18 initiated by: 1. The verified application of one or more owners of property or building proposed 19 to be changed or reclassified; 2. Resolution of intention of the city council; 20 3. Resolution of intention of the planning commission; 4. The planning director. 21.52.030 Application and fees. 22 A. An application to amend this title, the general plan, or local coastal program shall be made in writing on a form provided by the planning department. The application shall be 23 accompanied by all materials and information required by the planning department. B. At the time of filing the application, the applicant shall pay a processing fee in an 24 amount as specified by city council resolution. C. If the application requests to amend the land use or zone boundaries, 25 designation or classification, or provisions applicable to a specific parcel(s) of land, the application shall be made by the owner of the property or the owner's authorized agent. This 2" paragraph shall not apply to an amendment initiated by the city. 27 /// 28 -30- 1 21.52.040 Authority. A. The City Council may, upon the recommendation of the planning commission, 2 approve or deny amendments to this title, the general plan, or local coastal program. B. Amendments to the local coastal program are also subject to approval by the 3 California Coastal Commission. 4 21.52.050 Decision-making process. A. The planning commission shall consider the application at a public hearing 5 noticed in accordance with chapter 21.54 of this title. 1. The planning commission shall render its decision in the form of a resolution that 6 includes findings and a written recommendation to the legislative body. Such recommendation shall include the reasons for the recommendation, the relationship of the proposed ordinance or 7 amendment to applicable general and specific plans, and shall be transmitted to the legislative body in such form and manner as may be specified by the legislative body. 8 2. The adopted planning commission resolution shall be filed with the city clerk, and a copy shall be mailed to the applicant. 9 B. Following the planning commission's action to recommend approval or denial of the application, the city council shall consider the application at a public hearing noticed in 10 accordance with chapter 21.54 of this title. 1. After considering the recommendation of the planning commission, the city 11 council may approve or deny the application to amend Title 21, the general plan, or local coastal program. 12 2. The city council may approve, modify or disapprove the recommendation of the planning commission; provided that any substantial modification of the proposed ordinance or 13 amendment by the city council not previously considered by the planning commission during its hearing on the matter shall first be referred to the planning commission for report and 14 recommendation. The planning commission shall not be required to hold a public hearing thereon unless otherwise required by the city council. Failure of the planning commission to 15 report within forty-five (45) calendar days after the referral, or within the time set by the city council/shall be deemed to be approval of the proposed modification. 1" 3. The city council shall announce its decision to approve or deny the application by adoption of: '' a. An ordinance for amendments to: i. This title. ii. The local coastal program implementation plan. b. A resolution for amendments to: i. The general plan. ii. The local coastal program land use plan. 4. Following the city council decision, the city clerk shall send written notice of the 9 decision to the applicant and anyone who specifically requests to be notified of the decision. C. Within the coastal zone, the city council's approval of an amendment to the local ~~ coastal program shall not become effective until the amendment is approved by the California Coastal Commission, pursuant to Section 30514 of the Public Resources Code. 23 SECTION C: That the list of sections in Chapter 21.53 (Uses Generally) is amended as 24 follows: 25 Sections: 26 21.53.010 All zones subject to this chapter. 21.53.015 Voter authorization required for airport expansion. 27 21.53.020 Limitation of land use-Sewer availability. 21.53.030 Limitation on issuance of building permit. 28 -31- 1 21.53.040 Clarification of ambiguity. 21.53.050 Use control in reclassified precise plan. 2 21.53.060 Indicated potential classifications. 21.53.070 Translating potential classifications to permissible use. 3 21.53.080 Public utilities. 21.53.084 Keeping of dogs, cats and household pets. 4 21.53.085 Wild animals. 21.53.090 Temporary real estate office. 5 21.53.100 Reserved 21.53.110 Temporary construction buildings. 6 21.53.120 Affordable housing multi-family residential projects-Site development plan required. 7 21.53.130 Satellite television antenna-Purpose. 21.53.140 Satellite television antenna-Generally. 8 21.53.150 Satellite television antenna—Waiver or modification of standards. 21.53.230 Residential density calculations, residential development restrictions on open 9 space and environmentally sensitive lands. 21.53.240 Nonresidential development restrictions on open space and environmentally 10 sensitive lands. 21.53.250 On-shore oil and gas facilities. 11 SECTION Cl: That Section 21.53.100 (Uses Generally, Temporary real estate signs) is amended as follows: 21.53.100 Reserved 15 SECTION Cll: That Section 21.53.150 (Uses Generally, Satellite television antenna— 16 Variance to standards) is amended as follows: 17 21.53.150 Satellite television antenna—Waiver or modification of standards. If, after application of the standards set forth in Section 21.53.140, a satellite antenna jg cannot be physically located on the applicant's property or would result in the imposition of unreasonable costs considering the purchase and installation of the equipment, then the 19 planning director shall waive or modify the standard(s), but only to the extent necessary to allow the installation of one satellite television antenna to be located on the applicant's property in 20 such a place and manner as to present the least impact on aesthetics from the neighboring properties, neighborhood and public taking into account all the remaining health, safety or 21 aesthetic regulations set forth in that section. 22 SECTION CHI: That Section 21.54.064(a) (Procedures, Hearings Notices and Fees, 23 Applicant's responsibilities) is amended as follows: 24 (a) The applicant for any action requiring a noticed public hearing shall provide the city with a list of persons or entities to whom notice must be given and the addresses of such 25 persons. The applicant shall also provide stamped, addressed envelopes for mailing notice. The list and the envelopes, if required, shall be provided to the city not more than forty-five nor less 26 than thirty days prior to the time the matter is scheduled for hearing. If the number of persons to whom notice would be mailed exceeds one thousand the applicant may, in lieu of providing the 27 stamped, addressed envelopes, provide an appropriate display advertisement. The applicant 28 -32- 1 shall verify the accuracy of the list and the addresses. The planning director or the city clerk shall be responsible for informing the applicant of the date a matter is scheduled for hearing. SECTION CIV: That Sections 21.54.140(b) and 21.54.140(c) (Procedures, Hearings 3 Notices and Fees, Effective date of order - Appeal of planning director or housing and 4 redevelopment director decisions) are amended as follows: (b) Whenever the planning director is authorized, pursuant to this title or Title 19, to 6 make a decision or determination, such decision or determination is final and effective when the planning director's written determination is mailed or otherwise delivered to the person(s) affected by the determination, whichever time is least restrictive. Within ten calendar days of the date that a decision or determination becomes final, a written appeal may be filed with the planning director by an interested person. An individual member of the city council can be an interested person for purposes of the appeal. Filing of such an appeal within such time limits shall stay the effect of the decision or determination of the planning director until such time as the planning commission has acted on the appeal. The appeal shall specifically state the reason or reasons for the appeal. The burden of proof is on the appellant to establish by substantial evidence that the grounds for the requested action exist. Grounds for appeal shall be limited to the following: that there was an error or abuse of discretion on the part of the planning director in that the decision was not supported by the facts presented to the planning director prior to the decision being appealed; or that there was not a fair and impartial hearing. Fees for filing an appeal under this section shall be established by resolution of the city council. (c) Upon the filing of an appeal, the planning director shall schedule the appeal for hearing before the planning commission as soon as practicable. An appeal shall be heard and noticed in the same manner as was required of the determination or decision being appealed. The appeal hearing before the planning commission is de novo; however the planning commission shall consider only the evidence presented to the planning director for consideration in the determination or decision being appealed. The planning commission shall determine all matters not specified in the appeal have been found by the planning director and , _ are supported by substantial evidence. The planning commission may affirm, modify, or reverse the decision of the planning director, and make such order supported by substantial evidence as it deems appropriate, including remand to the planning director with directions for further proceedings. The planning commission action on an appeal shall be final unless appealed to the city council, pursuant to the provisions of Section 21.54.150. 20 SECTION CV: That Sections 21.54.150(b) and 21.54.150(c) (Procedures, Hearings 21 Notices and Fees, Effective date of order - Appeal of planning commission or design review 22 board decisions) are amended as follows: 23 (b) Whenever the planning commission is authorized pursuant to this title or Title 19 to make a decision or determination, such decision or determination is final and effective upon 24 the adoption of the resolution or decision. Within ten calendar days of the date that a decision or determination becomes final, a written appeal may be filed with the city clerk. An individual 25 member of the city council can be an interested person for purposes of the appeal. Filing of such an appeal within such time limits shall stay the effect of the decision or determination of 26 the planning commission until such time as the city council has acted on the appeal as set forth in this title. The appeal shall specifically state the reason or reasons for the appeal. The burden 27 of proof is on the appellant to establish by substantial evidence that the grounds for the decision 28 -33- 1 or determination exist. Grounds for appeal shall be limited to the following: that there was an error or abuse of discretion on the part of the planning commission in that the decision was not 2 supported by the facts presented to the planning commission prior to the decision being appealed; or that there was not a fair and impartial hearing. Fees for filing an appeal under this 3 section shall be established by resolution of the city council. (c) Upon the filing of an appeal, the city clerk shall schedule the appeal for hearing 4 before the city council as soon as practicable. An appeal shall be heard and noticed in the same manner as was required of the determination or decision being appealed. The appeal hearing 5 before the city council is de novo; however the city council shall consider only the evidence presented to the planning commission for consideration in the determination or decision being 6 appealed. The city council shall determine all matters not specified in the appeal have been found by the planning commission and are supported by substantial evidence. The city council 7 may affirm, modify, or reverse the action of the planning commission, and make such order supported by substantial evidence as it deems appropriate, including remand to the planning 8 commission with directions for further proceedings. Any action by the city council shall be final and conclusive; provided, however, that any action reversing the decision of the planning 9 commission shall be by the affirmative vote of at least three members of the city council. 10 SECTION CVI: That Section 21.55.020 (Dedication of Land and Fees for School 1' Facilities, Authority - Conflict) is amended as follows: 12 21.55.020 Authority—Conflict. This chapter is adopted pursuant to the provisions of Section 66478 of the California Government Code. In the case of any conflict between the provisions of this chapter, and those of the California Government Code, the latter shall prevail. j 5 SECTION CVII: That Chapter 21.58 (Revocation—Expiration) is amended as follows: 16 Chapter 21.58 1 7 VIOLATION-REVOCATION--EXPIRATION lg Sections: 21.58.010 Notice of violation for non-compliance with conditions. 19 21.58.020 Revocation of permits or variance. 21.58.030 Expiration period. 20 21.58.010 Notice of Violation for non-compliance with conditions 21 (a) Failure to comply with the conditions of approval for any discretionary or ministerial permit is unlawful. Whenever the city has knowledge that conditions of approval of 22 any permit or discretionary action issued pursuant to this title have not been complied with, the city shall mail by certified mail a notice of intention to record a notice of violation to the property 23 owner and the permitee. The notice of intention to record a notice of violation shall: (1) Describe the conditions of development in detail, naming the permitees and 24 owners of the property, (2) Describe the violation (specifying which condition(s) have not been satisfied), 25 (3) State that an opportunity will be given to the property owner and/or permitee to present evidence why such notice should not be recorded, and 26 (4) Specify a place, time, and date, which is not less than thirty days and not more than sixty days from the date of mailing at which the owner may present evidence to the city. 27 (b) If, after the owner and/or permitee has presented evidence, the city determines 28 -34- 1 that there has been no violation, the city shall mail a clearance letter to the owner and permitee. (c) If, however, after the owner and/or permitee has presented evidence, the city 2 determines that the owner and/or permitee has in fact not complied with conditions of the subject approval or discretionary action, or if within fifteen days of receipt of a copy of such 3 notice the owner and/or permitee of such real property fails to inform the city of his or her objection to recording the notice of violation, the city shall record the notice of violation with the 4 county recorder. (d) The notice of violation, when recorded, shall be deemed to be constructive notice 5 of the violation to all successors in interest in such real property. 6 21.58.020 Revocation of permits or variance. (a) The decision-making body who issued a permit pursuant to this title may revoke 7 or modify said permit or variance; except those permits or variances issued by the planning director, in which case the planning commission, may revoke or modify said permit or variance. 8 The revocation hearing shall be noticed consistent with Section 21.54.060, and the revocation shall be based on one or more of the following grounds: 9 (1) That the approval was obtained by fraud; (2) That the use for which such approval is granted is not being exercised; 10 (3) That the use for which such approval was granted has ceased to exist or has been suspended for one year or more; 11 (4) That the permit or variance granted is being, or recently has been, exercised contrary to the terms or conditions of such approval, or in violation of any statute, ordinance, law 12 or regulation; (5) That the use for which the approval was granted was so exercised as to be 13 detrimental to the public health or safety, or so as to constitute a nuisance. 14 21.58.030 Expiration period. (a) Any conditional use permit or variance or other development permit or approval 15 granted pursuant to this title becomes null and void if not exercised within the time period specified in the approval letter or resolution granting the application or, if no time period is *" specified, within eighteen months of the date of approval. (b) Unless an earlier expiration date appears on the face of the permit any *' development permit which is issued in conjunction with tentative subdivision map for a planned unit development as defined by Section 11003 of the State Business and Professions Code shall expire no sooner than the approved tentative map or any extension thereof whichever occurs later. Local coastal development permits issued in conjunction with a tentative subdivision map for a planned unit development shall expire no sooner than the approved tentative map and shall be in accordance with the applicable local coastal program which is in effect at the time of the application for extension. 21 SECTION CVIII: That the list of sections in Chapter 21.62 (Violations) is amended as 22 follows: 23 Sections: 24 21.62.010 Violation—Penalty. 21.62.020 Violation—Remedies. 25 SECTION CIX: That Section 21.62.020 is added to Chapter 21.62 (Violations) as 26 follows: 27 28 -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 21.62.020 Violation—Remedies. The city retains the right to enforce any remedy for violations in accordance with Chapters 1.08 and 1.10 of the Carlsbad Municipal Code, including but not limited to recording a notice of violation. SECTION CX: That Section 21.83.040 (Child Care, Use chart) is amended as follows: 21.83.040 Use Chart. The following use chart indicates the zones where small and large family day care homes and child day care centers are permitted, subject to the requirements of this chapter. "P" indicates that the use is permitted in the zone. "A" indicates that the use is permitted subject to approval of an administrative permit. "C" indicates that the use is permitted subject to approval of a conditional use permit. "X" indicates that the use is prohibited in the zone. Zoning RA, RE, EA R-1 R-2 R-3, RD-M, RP RT, RW, RMHP 0 HO C-F C-1, C-2, CL PM, CM M, PU, OS, LC, TC, CT VR, PC Small Family Day Care Home (8 or fewer children) P P P P P X X X X X X (4) Large Family Day Care Home (14 or fewer children) P(D P(D P(D P(D P(1) X X X X X X (4) Child Day Care Center X X X A(2) X A(2) P(3) A(2) P(3) C X (4) 1. Permitted only when the large family day care home is located on a lot occupied by a detached, single-family dwelling by ministerial approval without a public hearing and subject to the provisions of Section 21.83.050 of this chapter. 2. Permitted subject to the provisions of Sections 21.83.070 and 21.83.080 of this chapter. 3. Permitted subject to the provisions of Section 21.83.080 of this chapter and the requirements of any controlling document (e.g., site development plan). 4. Permitted subject to the standards of the controlling document (Carlsbad Village Master Plan and Design Manual or designated master plan) and the provisions of Section 21.83.080 of this chapter. SECTION CXI: That Section 21.83.080.F (Child Care, Development Standards for child day care centers) is amended as follows: F. The following parking requirements shall apply: 1. Parking shall be provided consistent with the standards specified in Chapter 21.44, unless otherwise specified in this section. 2. Parking shall not be located in any required front yard setback. -36- 1 3. An adequate on-site loading/unloading area shall be provided which can be easily accessed from the child day care center without crossing any driveways or streets. This 2 area may be counted towards the required parking. 4. Clearly designated pedestrian walkways shall be provided. 3 SECTION CXII: That Section 21.84.060.C (Housing for Senior Citizens, Development 4 standards and design criteria) is amended as follows: C. The following parking requirements shall apply: 6 1. Parking shall be provided consistent with the standards specified in Chapter 21.44, unless otherwise specified in this section. 7 2. Whenever possible, parking spaces should be laid out at either a thirty, forty-five or sixty degree angle; and 8 3. Required parking spaces shall be available to residents of the project at no fee. SECTION CXIII: That the first paragraph of Section 21.84.080.B (Housing for senior citizens, Application process) is amended as follows: B. Formal Application. A proposal to develop housing for senior citizens shall be ,2 processed under a site development plan (SDP) application in addition to any otherwise required application(s) (i.e., tentative maps, parcel maps, planned unit developments, etc.). The i^ site development plan application shall be processed according to the provisions of Chapter 21.06 of this code, excluding Section 21.06.020 (b). The findings for approval of a site 14 development plan for housing for senior citizens are specified in Section 21.84.080 of this chapter. 15 SECTION CXIV: That Section 21.84.100.D.1.e (Housing for senior citizens, Additional 16 requirements) is amended as follows: 17 e. In a "senior citizen housing development," the limitation on occupancy may result 18 in more than, but not less than eighty percent, all of the dwellings being actually occupied by a qualifying resident; 19 SECTION CXV: That the list of sections in Chapter 21.86 (Residential Density Bonus 20 Incentives or Concessions) is amended as follows: 21 Sections: 22 21.86.010 Purpose and intent. 21.86.020 Definitions. 23 21.86.030 Inclusionary housing. 21.86.040 Density bonus for housing developments. 24 21.86.050 Incentives and concessions for housing developments. 21.86.060 Waiver or reduction of development standards. 25 21.86.070 Density bonus and incentives for condominium conversions. 21.86.080 Housing developments with child day care centers. 26 21.86.090 Density bonus housing standards. 21.86.100 Affordability tenure. 27 21.86.110 Application process. 28 -37- 1 21.86.120 Findings for approval. 21.86.130 Density bonus housing agreement. 2 21.86.140 Agreement processing fee. 21.86.150 Severability. 3 SECTION CXVI: That Section 21.86.150 (Residential Density Bonus Incentives or 4 Concessions) is amended as follows: 21.86.150 Severability. 6 A. If any provision of this chapter or the application thereof to any person or circumstances is held invalid, the remainder of the chapter and the application of the provision 7 to other persons not similarly situated or to other circumstances shall not be affected thereby. 8 SECTION CXVII: That Section 21.95.040.B (Hillside Development Regulations, Q Exemptions from hillside development permit) is amended as follows: B. Any development exempted by 21.95.040(A) above, which does not comply with , 1 Section 21.95.120 and the city's hillside development guidelines, must submit an application for a hillside development permit or hillside development permit amendment in order to obtain an ,~ exclusion from or modification to the development and design standards pursuant to this chapter. 13 SECTION CXVIII: That the first sentence of Section 21.105.030 (Recycling Facilities 14 and Recycling Areas, Recycling collection facilities allowed in commercial and industrial zones) 15 is amended as follows: 16 Recycling collection facilities shall be allowed in commercial and industrial zones upon 17 approval of a conditional use permit pursuant to Chapter 21.42 of this title, and subject to the following: 18 SECTION CXIX: That Section 21.105.030(b)(6) (Recycling Facilities and Recycling 19 Areas, Recycling collection facilities allowed in commercial and industrial zones) is amended as 20 follows: 21 (6) Reserved. 22 SECTION CXX: That the first sentence of Section 21.105.040 (Recycling Facilities and Recycling Areas, Recycling processing facilities allowed in industrial zones) is amended as follows: /- -J Recycling processing facilities shall be allowed in industrial zones upon approval of a conditional use permit pursuant to Chapter 21.42 and subject to the following: 27 "' 28 -38- 1 SECTION CXXI: That the list of sections in Chapter 21.110 (Floodplain Management 2 Regulations) is amended as follows: 3 Sections: 21.110.010 Statutory authorization. 4 21.110.020 Reserved. 21.110.030 Statement of purpose. 5 21.110.040 Methods of reducing flood losses. 21.110.050 Definitions. 6 21.110.060 Lands to which this chapter applies. 21.110.070 Basis for establishing the areas of special flood hazard. 7 21.110.080 Compliance. 21.110.090 Abrogation and greater regulations. 8 21.110.100 Interpretation. 21.110.110 Warning and disclaimer of liability. 9 21.110.120 Severability. 21.110.130 Special use permit. 10 21.110.135 Findings for Approval 21.110.140 Designation of floodplain administrator. H 21.110.150 Duties and responsibilities of the floodplain administrator. 21.110.160 Standards of construction. 12 21.110.170 Standards for utilities. 21.110.180 Standards for subdivisions. 3 21.110.190 Standards for manufactured homes. 21.110.200 Floodways. 1 21.110.210 Coastal high hazard areas. 21.110.220 Mudslide (i.e., mudflow) prone areas. 21.110.230 Flood-related erosion-prone areas. 6 21.110.240 Appeals. 21.110.250 Conditions for variances. SECTION CXXII: That Section 21.110.020 (Floodplain Management Regulations, 18 Findings of fact) is amended as follows: 19 21.110.020 Reserved 20 SECTION CXXIII: That Section 21.110.030 (Floodplain Management Regulations, 21 Statement of purpose) is amended as follows: 22 21.110.030 Statement of purpose. 23 (a) The floodplain management regulations are necessary due to the following facts: (1) The flood hazard areas of the city are subject to periodic inundation that may 24 result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and 25 impairment of the tax base, all of which adversely affect the public health, safety and general welfare. 26 (2) These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazards that increase flood heights and velocities, and when inadequately 27 28 -39- 1 anchored, damage uses in other areas. Uses that are inadequately flood-proofed, elevated or otherwise protected from flood damage also contribute to the flood loss. 2 (b) It is the purpose of this chapter to promote the public health, safety and general welfare, and to minimize public and private losses due to flood conditions in specific areas by 3 provisions designed: (1) To protect human life and health; 4 (2) To minimize expenditure of public money for costly flood-control projects; (3) To minimize the need for rescue and relief efforts associated with flooding and 5 generally undertaken at the expense of the general public; (4) To minimize prolonged business interruptions; 6 (5) To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard; 7 (6) To help maintain a stable tax base by providing for the second use and development of areas of special flood hazard so as to minimize future flood blight areas; 8 (7) To insure that potential buyers are notified that property is in an area of special flood hazard; 9 (8) To insure that those who occupy the areas of special flood hazard assume responsibility for their actions; and 10 (9) Recognize floodplain areas as potential open space resources and encourage compatible open space uses wherever possible. SECTION CXXIV: That Section 21.110.130 (Floodplain Management Regulations, Special use permit) is amended as follows: 21.110.130 Special use permit. A special use permit shall be obtained in addition to any other required permits or entitlements before construction or development begins within any area of special flood hazards, areas of flood-related erosion hazards or areas of mudslide (i.e., mudflow) hazards established in Section 21.110.070. The filing fees for a special use permit shall be in an amount as the city council may by resolution establish. Applications for a special use permit shall be 17 made on forms furnished by the planning director and may include, but not be limited to, plans in duplicate drawn to scale showing the nature, location, dimensions and elevation of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing. Specifically, the following information is required: (1) Proposed elevation in relation to mean sea level, of the lowest floor (including basement) of all structures; in zone AO or VO, elevation of highest adjacent grade and 2Q proposed elevation of lowest floor of all structures; (2) Proposed elevation in relation to mean sea level to which any structure will be floodproofed; (3) All appropriate certifications listed in Section 21.110.150(D) of this chapter; 22 (4) Description of the extent to which any watercourse will be altered or relocated as a result of proposed development; 23 (5) Environmental impact assessment (one copy only); and (6) Environmental impact report (twenty copies), if required. 24 SECTION CXXV: That Section 21.110.135 is added to Chapter 21.110 (Floodplain 25 Management Regulations) as follows: 26 21.110.135 Findings for approval. 27 28 -40- 1 (a) A special use permit required by this chapter may be approved or conditionally approved only if the following findings are made: 2 (1) The project is consistent with the general plan, local coastal program, the requirements of this chapter, and any other applicable requirement of this code. 3 (2) The site is reasonably safe from flooding. (3) The project is designed to minimize the flood hazard to the habitable portions of 4 the proposed structure. (4) The proposed project does not create a hazard for adjacent or upstream 5 properties or structures. (5) The proposed project does not create any additional hazard or cause adverse 6 impacts to downstream properties or structures. (6) The proposed project does not reduce the ability of the site to pass or handle a 7 base flood of 100-year frequency. (7) The cumulative effect of the proposed project when combined with all the other 8 existing, proposed, and anticipated development will not increase the water surface elevation of the base flood more than one foot at any point. 9 (8) The project is contingent upon compliance with other federal and state regulations as required. 10 SECTION CXXVI: That Section 21.110.140 (Floodplain Management Regulations, Designation of floodplain administrator) is amended as follows: 21.110.140 Designation of floodplain administrator. The Planning Commission is appointed as the floodplain administrator. 14 SECTION CXXVII: That Section 21.110.150(1) (Floodplain Management Regulations, Duties and responsibilities of the floodplain administrator) is amended as follows: 21.110.150 Duties and responsibilities of the floodplain administrator. 17 The duties and responsibilities of the floodplain administrator shall include, but not be limited to: 18 (1) Permit Authority. The floodplain administrator may approve, conditionally approve or deny a special use permit required by this chapter upon the advice of the city 19 engineer. 20 SECTION CXXVIII: That Section 21.201.085.A.1 (Coastal Development Permit 21 Procedures, Minor coastal permits for second dwelling units) is amended as follows: 22 1. The development is consistent with Section 21.10.030 of this title and the certified local coastal program as defined in Section 30108.6 of the Coastal Act. 23 SECTION CXXIX: That Section 21.201.085.C (Coastal Development Permit 24 Procedures, Minor coastal permits for second dwelling units) is amended as follows: 25 C. The planning director may approve, approve with conditions or deny the permit. 26 The director's decision shall be based upon the requirements of, and shall include specific factual findings supporting whether the project is or is not in conformity with Section 21.10.030 28 -41- 1 of this title and the certified local coastal program (and, if applicable, with the public access and recreation policies of Chapter 3 of the Coastal Act). 2 The planning director's decision shall be made in writing. The date of the decision shall be the date the writing containing the decision or determination is mailed or otherwise delivered 3 to the person or persons affected by the decision or determination. The planning director shall provide a notice of final local action in accordance with Sections 21.201.160 and 21.201.170 of 4 this code, in addition to the director's written decision. 5 SECTION CXXX: That Section 21.201.210 (Coastal Development Permit Procedures, 6 Extensions) is amended as follows: 7 21.201.210 Extensions. Prior to the expiration of a coastal development permit the permittee may apply to the director for an extension of the permit. The application for an extension shall be processed pursuant to the provisions of this chapter. An extension shall be approved only if it is found that there has been no change of circumstances in relation to coastal resources per Section 13169 of the California Code of Regulations since the original granting of the permit. If the director finds that there has been a change of circumstances in relation to coastal resources since the original granting of the permit the application for the extension shall be denied or conditionally 1 approved. The decision of the director may be appealed pursuant to the provisions of Section 21.201.080(0). If a complete application for an extension has been timely filed, the planning commission or the city council on appeal may grant the extension after the expiration date. SECTION CXXXI: That Section 21.204.080.C (Coastal Shoreline Development 14 Overlay Zone, Mechanism for guaranteeing public access) is amended as follows: C. Procedure. Copies of the recorded document, title report, and permit shall be forwarded to the California Coastal Commission by the applicant within ten days after submission of the recorded document for preparation of the coastal access inventory as 17 required by Section 30530 of the Coastal Act. The accepting agency or Commission staff may make minor revisions to the documents (such as corrections in the legal descriptions, minor revisions to the location and use of the accessways in order to open the area up for public use) to assure that the public right-of-access along dry sandy beaches, bluff top parcels, or the 19 vertical accessways is protected and capable of being implemented. 20 SECTION CXXXII: That Section 21.204.120.B (Coastal Development Permit 21 Procedures. Waiver of public liability) is amended as follows: 22 B. The applicants shall unconditionally agree to indemnify and hold the city harmless from liability for any damage from such hazards; and 23 SECTION CXXXIII: That Section 21.208.050 (Commercial/Visitor-Serving Overlay24 Zone, Uses permitted by conditional use permit) is amended as follows:25 21.208.050 Uses permitted by conditional use permit. Commercial/visitor-serving uses may be permitted within the overlay zone by approval of a conditional use permit pursuant to this chapter, excluding outdoor dining (incidental), which is 27 subject to an administrative permit pursuant to Section 21.26.013 of this title. Conditional uses 28 -42- otherwise allowed by underlying zoning designations, within the overlay zone, that are not commercial/visitor-serving uses, are not subject to this chapter. Where the underlying zoning 2 authorizes conditionally approved uses (other than commercial/visitor-serving uses) Chapter 21.42, not this chapter, applies. 3 SECTION CXXXIV: That Section 21.208.060.D (Commercial/Visitor-Serving Overlay 4 Zone, Prohibited uses) is deleted. 5 SECTION CXXXV: That Sections 21.208.100A4 and 21.208.100.A.56 (Commercial/Visitor-Serving Overlay Zone, Development standards) are amended as follows: 8 4. Restaurant. One space/one hundred square feet of gross floor area up to two thousand square feet. Two thousand square feet or greater: twenty spaces plus one space/fifty „ square feet in excess of two thousand square feet. Space used for outdoor dining (incidental), pursuant to Section 21.26.013 of this title, shall be exempt from these parking requirements. Recommended design features include adequate shuttle bus circulation and passenger drop- off/pick-up facilities in addition to tour bus/passenger bus parking provisions. ,, 5. Coffee Shop/Beverage-Serving Use/Delicatessen. One space/three hundred square feet of gross floor area excluding seating areas for eating and/or drinking. Seating areas , - shall park at one space/one hundred square feet of area. Space used for outdoor dining (incidental), pursuant to Section 21.26.013 of this title, shall be exempt from these parking requirements. 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 17 fifteen days after its adoption. (Notwithstanding the preceding, this ordinance shall not be effective until approved by the California Coastal Commission.) 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 -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 INTRODUCED AND FIRST REEAD at a regular meeting of the Carlsbad City Council on the 27th day of July 2010, and thereafter. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the day of , 2010, 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) 1 RESOLUTION NO. 2010-200 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A LOCAL COASTAL 3 PROGRAM AMENDMENT TO MAKE VARIOUS MINOR AMENDMENTS TO THE TEXT OF THE ZONING ORDINANCE. 4 CASE NAME: MISCELLANEOUS ZONE CODE AMENDMENTS 5 CASE NO.: LCPA 07-03 6 The City Council of the City of Carlsbad, California, does hereby resolve as follows: 7 WHEREAS, pursuant to the provisions of the Municipal Code, the Planning 8 Commission did on June 2, 2010, hold a duly noticed public hearing as prescribed by law to 9 consider the Zone Code Amendment (ZCA 07-02), as referenced in Planning Commission 10 Resolution No. 6696, and Local Coastal Program Amendment (LCPA 07-03), as referenced in Planning Commission Resolution No. 6697; and 12 WHEREAS, the Planning Commission adopted Planning Commission Resolutions No. 6696 and 6697 recommending to the City Council that ZCA 07-02 and LCPA 07-03 be approved; and15 HK WHEREAS, the City Council of the City of Carlsbad, on the 27th day of July16 2010, held a duly noticed public hearing to consider the Zone Code Amendment and Local Coastal Program Amendment; and18 WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, the City Council considered all factors relating to the Zone Code Amendment and Local Coastal Program Amendment. 22 NOW, THEREFORE, the City Council of the City of Carlsbad, California does ~o hereby resolve as follows: 24 1. That the above recitations are true and correct. 25 2. That the findings of the Planning Commission in Planning Commission Resolutions No. 6696 and 6697 constitute the findings of the City Council in this matter. 26 3. That the amendment to the Local Coastal Program (LCPA 07-03), is 27 approved as shown in Planning Commission Resolution No. 6697, on file with the City Clerk and incorporated herein by reference. 28 1 4. That the approval of LCPA 07-03 shall not become effective until it is approved by the California Coastal Commission and the California Coastal Commission's 2 approval becomes effective. 3 "NOTICE TO APPLICANT" 4 The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of 5 Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking review must be filed in the appropriate court not later than the ninetieth day following the date on which 6 this decision becomes final; however, if within ten days after the decision becomes final a request for the record is filed with a deposit in an amount sufficient to cover the estimated cost or preparation of such record, the time within which such petition may be filed in court is extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the City Clerk, 9 City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA. 92008." 10 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the 27th day of July 2010, by the following vote, to wit: 12 AYES: Council Members Lewis, Kulchin, Hall, Packard & Blackburn. 13 NOES: None. 14 ABSENT: None. 15 16 {./IWAA, 18 W^WL^L *-,'. LEWI'S, Mail 19 ATTEST: 20 21 LQkRAINte M. WCfQD1, City Clerk 22 (SEAL) 23 " 24 25 ''. - .»r>>: * ",•-"26 '''(!|,11'' 27 28 -2- 1 PLANNING COMMISSION RESOLUTION NO. 6696 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CODE AMENDMENT TO MAKE 4 VARIOUS MINOR AMENDMENTS TO THE TEXT OF THE ZONING ORDINANCE. CASE NAME: MISCELLANEOUS ZONE CODE 6 AMENDMENTS CASE NO: ZCA 07-02 7 WHEREAS, the Planning Director has prepared a proposed Zone Code8 n Amendment pursuant to Section 21.52.020 of the Carlsbad Municipal Code to: various sections 10 of the Zoning Ordinance (Title 21); and 11 WHEREAS, the proposed amendment is set forth in the draft City Council 12 Ordinance, Exhibit "X" dated, June 2, 2010, and attached hereto MISCELLANEOUS ZONE 13 CODE AMENDMENTS - ZCA 07-02; and 14 WHEREAS, the Planning Commission did on the 2nd day of June, 2010, hold a , r duly noticed public hearing as prescribed by law to consider said request; and 17 WHEREAS, at said public hearing, upon hearing and considering all testimony 18 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 19 relating to the Zone Code Amendment, 20 •NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 21 Commission as follows: 22 A) That the foregoing recitations are true and correct. 24 B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of MISCELLANEOUS ZONE CODE 25 AMENDMENTS - ZCA 07-02, based on the following findings: 26 Findings: 27 1. That the proposed Zone Code Amendment ZCA 07-02 is consistent with the General 28 Plan in that the proposed amendments do not conflict with any goal, objective or policy of the General Plan, and improved clarity and consistency for zoning regulations will further the goals and objectives of the General Plan. 2. That the proposed ZCA 07-02 reflects sound principles of good planning in that it is 2 consistent with the General Plan and ensures internal consistency with the procedures and standards of the other provisions of the Zoning Ordinance that are 3 not proposed for amendment. 3. That the proposed Zone Code Amendment, ZCA 07-02, is consistent with the adopted Airport Land Use Compatibility Plan for the McClellan-Palomar Airport (ALUCP), dated March 4, 2010, in that the proposed Zone Code Amendment does not involve any 5 land use changes within the Airport Influence Area that affect compatibility with the safety, noise, airspace protection and overflight criteria. 7 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning o Commission of the City of Carlsbad, held on June 2, 2010, by the following vote, to wit: 10 AYES: Chairperson Douglas, Commissioners Baker, Dominguez, L'Heureux, Montgomery, Nygaard and Schumacher 11 NOES: 13 ABSENT: 14 ABSTAIN: 15 16 17 FARRATm-eOUGLAS, Ch&fper'son 18 CARLSBAD PLANNING COMMISSION 19 20 ATTEST: 21 22 23 DON NEU Planning Director 24 " 25 26 27 28 PC RESO NO. 6696 -2- 1 PLANNING COMMISSION RESOLUTION NO. 6697 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A LOCAL COASTAL PROGRAM 4 AMENDMENT TO MAKE VARIOUS MINOR AMENDMENTS TO THE TEXT OF THE ZONING ORDINANCE. 5 CASE NAME: MISCELLANEOUS ZONE CODE 6 AMENDMENTS CASE NO: LCPA 07-03 7 WHEREAS, California State law requires that the Local Coastal Program, 8 General Plan, and Zoning designations for properties in the Coastal Zone be in conformance; and 10 WHEREAS, the City of Carlsbad, "Applicant," has filed a verified application 11 for an amendment to the Local Coastal Program; and *^ WHEREAS, said verified application constitutes a request for a Local Coastal 1 *"* Program Amendment as shown on Exhibit "X" dated June 2, 2010, attached to Planning 14 Commission Resolution No. 6696, as provided in Public Resources Code Section 30514 and 15 Section 13551 of California Code of Regulations Title 14, Division 5.5; and16 17 WHEREAS, the Planning Commission did on June 2, 2010, hold a duly noticed 18 public hearing as prescribed by law to consider said request; and 19 WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 21 relating to the Local Coastal Program Amendment; and 22 WHEREAS, State Coastal Guidelines requires a six-week public review period 24 for any amendment to the Local Coastal Program. 25 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 26 Commission of the City of Carlsbad, as follows: 27 A) That the foregoing recitations are true and correct. 28 B) At the end of the State-mandated six-week review period, starting on April 30, 2 2010 and ending on June 11, 2010, 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 MISCELLANEOUS ZONE CODE AMENDMENTS - LCPA 07-03 based on the following findings, and subject to the following conditions: 6 Findings: 7 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 not being amended by this amendment, in that the amendments ensure consistency with the Carlsbad Zoning Ordinance, and do not conflict with any coastal zone regulations, land use designations or policies, with which development must comply. 11 2. That the proposed amendment to the Carlsbad Local Coastal Program is required to bring 12 it into consistency with the proposed Zone Code Amendment (ZCA 07-02). 13 PASSED, APPROVED, AND ADOPTED at a regular meeting to the Planning 14 Commission of the City of Carlsbad, held on June 2,2010, by the following vote, to wit: 15 AYES: Chairperson Douglas, Commissioners Baker, Dominguez, 16 L'Heureux, Montgomery, Nygaard and Schumacher 17 NOES: 18 ABSENT: 19 ABSTAIN:20 21 22 23 FARRAFrSHeOUGLAS, Caup«rson CARLSBAD PLANNING COMMISSION 25 ATTEST: 26" 27 28 DON NEU Planning Director PC RESO NO. 6697 -2- Exhibit 4 Summary of Planning Commission concerns and staff responses expressed at the June 2, 2010 public hearing for ZCA 07-02/LCPA 07-03: 1. That the proposed revision to the definition of "family" in the Zoning Ordinance would allow up to 12 unrelated individuals to live in a single family home, which could negatively impact facilities for Growth Management and neighborhood character (To review the proposed code changes, please see Planning Commission Staff Report, Ref # 1 in Attachment 3 and Page 1 in Attachment 4). Staff response: In its review of the City's proposed Housing Element, the California State Housing and Community Development Department identified that the City's existing definition of "Family" in the Zoning Ordinance does not comply with State law and requested that it be changed, and the proposed amendment in this project will bring the definition into compliance. The City's Growth Management program uses the average household size as reported in the Census for facility sizing, so if the average household size were to increase, it would be accounted for by Growth Management program. 2. The Zoning Ordinance currently limits large family day care homes (LFDCs) to single family lots in excess of 7,500 square feet. The proposed elimination of this minimum lot size for LFDCs could allow up to between 12-14 children at homes on small lots (ie. 4,000 square feet), which could negatively impact neighborhood character (To review the proposed code changes, please see Planning Commission Staff Report, Ref # 56 in Attachment 3 and Page 64 in Attachment 4). Staff response: The City is preempted by state law from regulating lot size requirements for LFDCs and must allow LFDCs in any area zoned for single-family residences. The proposed elimination of the 7,500 square feet minimum lot size is necessary to achieve consistency with State law. 3. The City's existing policy of requiring second dwelling units that are built by individual homeowners to be income restricted to a low income renter (if the unit is rented) is overly burdensome on the homeowner. Staff response: This is an existing requirement of the Zoning Ordinance and staff has not proposed any revisions to it with this project. If the Planning Commission wishes the City to reconsider this requirement, it can be put on a future agenda for that purpose. For more information, please see the excerpts of the Planning Commission Minutes in Exhibit 5. Exhibit 4 Summary of Planning Commission concerns and staff responses from the June 2. 2010 public hearing for ZCA 07-02/LCPA 07-03: 1. That the proposed revision to the definition of "family" in the Zoning Ordinance would allow up to 12 unrelated individuals to live in a single family home, which could negatively impact facilities for Growth Management and neighborhood character (To review the proposed code changes, please see Planning Commission Staff Report, Ref # 1 in Attachment 3 and Page 1 in Attachment 4). Staff response: In its review of the City's proposed Housing Element, the California State Housing and Community Development Department identified that the City's existing definition of "Family" in the Zoning Ordinance does not comply with State law and requested that it be changed, and the proposed amendment in this project will bring the definition into compliance. The City's Growth Management program uses the average household size as reported in the Census for facility sizing, so if the average household size were to increase, it would be accounted for by Growth Management program. 2. The Zoning Ordinance currently limits large family day care homes (LFDCs) to single family lots in excess of 7,500 square feet. The proposed elimination of this minimum lot size for LFDCs could allow up to between 12-14 children at homes on small lots (ie. 4,000 square feet), which could negatively impact neighborhood character (To review the proposed code changes, please see Planning Commission Staff Report, Ref # 56 in Attachment 3 and Page 64 in Attachment 4). Staff response: The City is preempted by state law from regulating lot size requirements for LFDCs and must allow LFDCs in any area zoned for single-family residences. The proposed elimination of the 7,500 square feet minimum lot size is necessary to achieve consistency with State law. 3. The City's existing policy of requiring second dwelling units that are built by individual homeowners to be income restricted to a low income renter (if the unit is rented) is overly burdensome on the homeowner. Staff response: This is an existing requirement of the Zoning Ordinance and staff has not proposed any revisions to it with this project. If the Planning Commission wishes the City to reconsider this requirement, it can be put on a future agenda for that purpose. For more information, please see the excerpts of the Planning Commission Minutes in Exhibit 6. '. i V > '•r. The City of Carlsbad Planning Department A REPORT TO THE PLANNING COMMISSION Item No. P.C. AGENDA OF: June 2, 2010 Application complete date: N/A Project Planner: Corey Funk Project Engineer: N/A SUBJECT: ZCA 07-02/LCPA 07-03 - MISCELLANEOUS ZONE CODE AMENDMENTS - A request for a recommendation of approval for a Zone Code Amendment and Local Coastal Program Amendment to make various minor amendments to the text of the Zoning Ordinance. I.RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolutions No. 6696 and 6697 RECOMMENDING APPROVAL of ZCA 07-02 and LCPA 07-03 based on the findings contained therein. II. INTRODUCTION This proposal involves a City-initiated Zone Code Amendment and Local Coastal Program Amendment to make various minor amendments to the text of the Zoning Ordinance. The primary purpose of this project is to amend many unrelated sections of the Zoning Ordinance that contain minor errors, need to be clarified, should be updated to reflect current conditions, or require other minor changes (i.e. "clean-up" amendments). The project consists of text changes only that apply city wide. The proposed amendments are consistent with applicable portions of the General Plan and maintain internal consistency within the Zoning Ordinance and the Local Coastal Program (LCP). With regard to the LCP amendment, the Zoning Ordinance is the LCP implementing ordinance; therefore an LCP amendment is necessary. However, no portion of the LCP land use plan document is being amended. III. PROJECT DESCRIPTION AND BACKGROUND As mentioned above, this project consists of many unrelated "clean-up" amendments to the Zoning Ordinance. Most of the amendments proposed are clarifications or are procedural in nature, and any new requirements proposed do not differ significantly from existing policy. The proposed amendments will: 1. Improve Code consistency (internally, with other titles of the Municipal Code, the General Plan, and State law); and 2. Improve usability, by clarifying some procedures and Code wording; and, 3. Improve relevancy, through updates that incorporate current terms and procedures. ZCA 07-02/LCPA 07-03 - MISCELLANEOUS ZONE CODE AMENDMENTS JUNE 2, 2010 PAGE 2 The recommended amendments can be broadly summarized as follows: A. Regulatory Consistency: Amendments proposed under this category will resolve conflicting requirements (1) internally within the Zoning Ordinance, (2) between the Zoning Ordinance and the General Plan, and (3) between the Zoning Ordinance and California Government Code. B. Typographical and other minor errors: Amendments proposed in this category will resolve typographical errors such as omissions, incorrect terminology, incorrect references and incorrect California Government Code citations. C. Clarity and code usability: Amendments proposed under this category are intended to clarify portions or requirements of the code that are unclear, resolve redundancies and to generally make the Zoning Ordinance more readable and usable. This will aid individuals as they review and interpret the code. Amendments in this category propose to rewrite unclear code sections, delete repetitive code sections, more clearly state code requirements, and more logically locate information. D. Amendments related to the Entertainment Ordinance: The Entertainment Ordinance in Chapter 8.09 of the Carlsbad Municipal Code (CMC) specifies operational and licensing requirements for any use meeting the definition of an "entertainment establishment". This amendment proposes to ensure that the Zoning Ordinance is consistent with CMC Chapter 8.09 by adding a note in all zones that refers to CMC Chapter 8.09 for additional requirements applicable to "entertainment establishments". E. Other miscellaneous changes: 1. Revisions to the definition of "family" are proposed for consistency with State law and to implement Housing Element Program 3.11. 2. Changes are proposed to the materials required for development applications for Second Dwelling Units. 3. Amend the provisions for Incidental Outdoor Dining Areas, as follows: a. Clarify the definition for "Incidental Outdoor Dining Areas" and rename it "Outdoor Dining (incidental)." b. Ensure that the use is listed as a permitted "accessory" use in the use tables of each zone where the use is permitted. c. Provide an exemption from parking requirements for incidental outdoor dining (i.e. 400 square feet or less) within the Commercial Visitor Overlay Zone. 4. Modifications are proposed to the approval process for Child Daycare Centers in the Community Facilities Zone. ZCA 07-02/LCPA 07-03 - MISCELLANEOUS ZONE CODE AMENDMENTS JUNE 2, 2010 PAGE 3 5. Add new provisions for the Planning Director to (a) determine the appropriate parking standard for uses not specified in the code, and (b) modify a parking standard based on a parking study. 6. Changes are proposed to the requirements for appeals. IV. ANALYSIS For a specific description of each proposed amendment and its associated analysis, please see the analysis table (Attachment 3) and the strike-out and underline version of the amendments (Attachment 4). A. General Plan, Zoning Ordinance and Local Coastal Program Consistency The proposed amendments are minor and primarily procedural in nature. No substantive changes to development standards, policies or programs are proposed. An integral component of any Zoning Ordinance amendment is a requirement to find that the proposed amendments are internally consistent with the procedures and standards of the rest of the existing Zoning Ordinance that is not proposed for amendment as well as consistent with the General Plan and Local Coastal Program. Staff has analyzed the proposed amendments and finds that the amendments are internally consistent with the other provisions of the Zoning Ordinance not being amended, and that the proposed amendments do not create any conflicts with the provisions of the General Plan or Local Coastal Program. V. ENVIRONMENTAL REVIEW The proposed amendments are exempt from environmental review pursuant to CEQA Section 15061(b)(3), which exempts projects "where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment." The changes proposed by this project are primarily procedural in nature, are not substantial and will not significantly affect the existing development standards in the Zoning Ordinance; therefore, the project will not result in a significant effect on the environment. A Notice of Exemption will be filed. ATTACHMENTS: 1. Planning Commission Resolution No. 6696 (ZCA) 2. Planning Commission Resolution No. 6697 (LCPA) 3. Analysis table for proposed Zoning Ordinance text amendments 4. Strike-out and underline version of the proposed Zoning Ordinance text amendments ATTACHMENT 3 ZONE CODE AMENDMENT (ZCA 07-02/LCPA 07-03) ANALYSIS Table A Summary of Amendments to the text of the Zoning Ordinance Ref. #Proposed Amendment Discussion/Analysis Code Section(s) Zone/ Chapter 1. Modify the existing definition of a "Family" for consistency with State law. Through the review of the new Housing Element, the State commented that possible interpretations of the existing definition could be considered discriminatory due to the use of the following terms: "reasonable number of persons" and "bona fide housekeeping unit". This amendment will bring the City's definition of "Family" into conformance with State law and also will implement Housing Element Program 3.11. 21.04.145 Definitions 2. Amend the definition of Incidental Outdoor Dining: a. Delete Sec. 21.04.188.1 and add new Sec. 21.04.290.1 to rename "Incidental Outdoor Dining Areas" to "Outdoor Dining (incidental)". b. Remove development standards and location criteria from the definition for incidental outdoor eating areas. a. This use is referred to as "Outdoor Dining (incidental)" elsewhere in the code and this amendment will ensure the definition is consistent with that terminology. b. The development standards and location criteria listed in the definition are redundant with Sec. 21.26.013 (regulations for Outdoor Dining (Incidental). Standards and other development criteria generally should not be located in the Definitions Chapter of the Zoning Code. This amendment will clarify the definition and make it easier to read. 21.04.188.1 21.04.290.1 21.26.013 Definitions C-1 ATTACHMENTS Ref. # 3. 4. Proposed Amendment Modify the provision for "combination zoning" to ensure consistency with the General Plan: a. Specify that the intent of combination zoning is to implement the General Plan "combination district" b. Delete all criteria for combination zoning that is inconsistent with the General Plan criteria for combination districts c. Specify that development of property with combination zoning of more than 25 acres requires a specific plan and less than 25 acres requires a site development plan. Delete any parking standards located in zone chapters, and relocate them to the Parking chapter (if they are not already specified in the Parking chapter) (see Ref. #30). Discussion/Analysis a. The intent of combination zoning is to implement the General Plan provision for combination districts (Land Use Element, Section II.C.11). This amendment will clarify that. b. The existing criteria required to establish combination zoning does not clearly reflect the intent of the combination district in the General Plan, which is to apply to property that is in the early planning phase and subsequent planning will be necessary to define the boundaries of the appropriate land use designations. This amendment will ensure the use of combination zoning is consistent with the General Plan. c. To define the appropriate land uses and boundaries of a site with a "combination district", the General Plan requires a specific plan (for 25 or more acres) or a site development plan (for less than 25 acres). This amendment will ensure consistency with the General Plan. This ensures parking standards used in the code are centrally located in the Parking chapter. Code Section(s) 21.05.090 21.07.120 21.08.100 21.09.190 21.10.120 21.21.140 21.27.050 21.37.100 Zone/ Chapter Zone Pctahli<?h-1 — Oldkyllol 1 mpnt1 1 1 \st 1 I Rni inHarip<5LJ\J\JI l\wldl ICO E-A R-A R-E R-1 H-O O RMHP ATTACHMENT 3 Ref. #Proposed Amendment Discussion/Analysis Code Section(s) Zone/ Chapter 5. Add Residential Care Facilities (serving six or fewer persons) to the use tables for all residential zones. Residential care facilities serving six or fewer persons are defined as a "family" for purposes of zoning regulation relating to residential use (per the definition of "family" [Section 21.04.145] and State law). Residential dwellings (i.e. one-family, two- family, and multiple-family) are defined as buildings for the occupancy by a family or families. Therefore, residential care facilities serving six or fewer persons (i.e. a "family") must be permitted in any zone where residential dwellings are permitted. Although the use is not currently listed in the use tables, the city interprets that such facilities are permitted in any zone where residential dwellings are permitted because such facilities are considered a "family" by definition. This amendment clarifies that the uses is permitted is all residential zones. 21.08.020 21.09.020 21.10.020 21.12.020 21.16.020 21.22.020 21.24.020 R-A R-E R-1 R-2 R-3 R-W RD-M 6. For second dwelling units, replace the requirement for an "affidavit" with a "notice of restriction". A notice of restriction strengthens the requirement that second dwelling units be affordable to potential future lower income renters, as the notice of restriction is recorded against the property and will include successors in interest. 21.10.030 R-1 Clarify that the rental rate for second dwelling units cannot exceed the "allowable housing expense" of a low income household as defined in Chap. 21.85. This amendment proposes to clarify existing language, which currently implies rent cannot exceed the whole income of a low income household. In practice, the rent should not exceed the "allowable housing expense" (i.e. the portion of an income to be devoted to rent), as defined in Chap. 21.85. 21.10.030 R-1 8. Specify that second units which are built to satisfy inclusionary requirements are subject to Chap. 21.85 and its specific income restrictions. This is the current practice of the city, and this amendment proposes to more clearly outline this requirement and link the standards in Section 21.10.030 with Chap. 21.85. 21.10.030 R-1 Delete the requirement that applicant show evidence that a proposed second dwelling unit is consistent with any applicable CC&Rs. The City is not responsible for the implementation or interpretation of CC&Rs. 21.10.030 R-1 ATTACHMENTS Ref. #Proposed Amendment Discussion/Analysis Code Section(s) Zone/ Chapter 10. Delete the requirement that restricts second dwelling units to lots which meet the minimum lot size required in the zone (See existing Sub-section 21.10.030.E.14). This requirement prevents a substandard lot from developing with a single family residence and a second dwelling unit. This requirement should be deleted because it conflicts with the recently updated Nonconforming Ordinance, which states a substandard lot can develop consistent with the General Plan and Zoning. Therefore, as long as the second dwelling unit can meet all the development standards of the zone, it would be allowed to develop on a substandard lot according to the new Nonconforming Ordinance. 21.10.030 R-1 11. Relocate the requirements (a), (b) and (c) currently listed under Sub-section 21.10.030.D.7 (part of application requirements for a second dwelling unit) to Sub-section 21.10.030.E.(requirements for second dwelling units) The requirements in 21.10.030.D.7 (a), (b), and (c) are standards that second units must comply with rather than items to include with an application to build a second unit. The amendment proposes to locate these requirements in new Sub-section 21.10.030.E.15 to improve the usability of this code section. 21.10.030 R-1 12. In the R-3 zone, delete the reference to the zoning map for the minimum lot size. For some R-3 zoned sites, the zoning map (in years past) specified a different minimum lot area than what the code specifies (7,500 square feet); for example, "R-3-10,000" indicated a 10,000 square foot minimum lot size. However, the zoning map no longer specifies the minimum lot size for R-3 zoned sites. This amendment will ensure consistency between the code and the zoning map. 21.16.070 R-3 13. In the R-3 zone, delete the minimum lot width of fifty feet for lots 6,000 square feet or less. Lots less than 7,500 square feet are no longer permitted in the R-3 zone; unless created and developed pursuant to a Planned Development Permit, in which case the Planned Development lot width standards will apply. 21.16.080 R-3 ATTACHMENT 3 Ref. #Proposed Amendment Discussion/Analysis Code Section(s) Zone/ Chapter 14. In the RD-M zone, replace the requirement for a specific plan with the requirement for a "site plan" for approval of a zero foot side yard setback; and required the recordation of an easement or other agreement to provide access on the adjoining lot for maintenance. The RD-M zone (and the requirement for a "specific plan" to approve a zero foot side yard setback) was created in 1970; at which time, the term "specific plan" was used in the code generally to mean "site plan" (a plan showing the location of property lines, buildings, etc.). Today, a "specific plan" is subject to State law and is a plan that establishes development regulations applicable to a specific area in the city. The requirement of a "site plan" is more appropriate to approve setbacks on a particular lot, and is more consistent with the original intent. To allow for maintenance on the zero-foot side of the house, the proposed easement requirement will ensure access is granted on the adjoining lot. 21.24.050 RD-M 15. In the C-F zone use table, delete "Biological habitat preserve..." as a conditionally permitted use. Biological habitat preserves were added, among other zones, to the C-F zone as a conditionally permitted use in the 2004 amendment to the Conditional Use Permits Chapter. However, it was never intended to be allowed in the C-F zone. The use is inconsistent with intent and purpose of the C-F zone, which is to allow uses that satisfy social, religious or human service needs. Furthermore, deleting it from the use table would not preclude its occurrence, as any project which would develop in the zone must comply with the Habitat Management Plan and other regulations which require preservation of sensitive habitat. 21.25.040 C-F 16. In the C-F zone use table, change Child day care "facility" to Child day care "center" and add references to the Child Care and Definitions chapters. This amendment ensures that the terminology used in the C-F zone, related to child care centers, is consistent with the terminology used throughout the code. In addition, the reference to the Child Care chapter will ensure that child care centers in the C-F zone are developed consistent with the development standards required for such facilities. 21.25.040 C-F ATTACHMENT 3 Ref. #Proposed Amendment Discussion/Analysis Code Section(s) Zone/ Chapter 17. Modify the use table in the C-F zone to clarify that "office area" is permitted as an accessory use. In the C-F Zone, the use table indicates that "office area" is "permitted" (by the "X" marked in the "P" column), and references a footnote that says office area must be ancillary to the main use. To clarify that office area is only permitted as an ancillary use, this amendment will modify the use table by moving the "X" in the "office area" row from the "P" (permitted) column to "Ace" (permitted as accessory use) column. 21.25.040 C-F 18. In the C-F zone, for child day care centers, replace the requirement for a Site Development Plan (SDP) with an administrative permit, pursuant to Chap. 21.83 (Child Care regulations). In all zones (except the C-F zone and industrial zones), child day care centers are subject an administrative permit pursuant to Chapter 21.83 (Child Care regulations). The C-F Zone is the only zone that requires a SDP, which is subject to Planning Commission approval (a conditional use permit is required for child day care centers in the industrial zones, due to potential health and safety issues). However, child day care centers are community serving uses and well suited to the C-F Zone, and should not be subject to any more restrictive process than required in other zones (except industrial zones). This amendment will ensure a more consistent permitting process for child day care centers. 21.25.040 C-F 19. In the C-F, C-1, and C-2 zones, delete repetitive table footnotes. The following use table footnotes are redundant because they are also specified in the "Limitations on permitted uses" sections of their respective chapters: - Note 3 in 21.25.040 (C-F zone) - Former Note 1 and Notes 2 and 3 in 21.26.010 (C-1 zone) - Former Note 1 and Notes 2 and 3 in 21.28.010 (C-2 zone) 21.25.040 21.26.010 21.28.010 C-F C-1 C-2 ATTACHMENT 3 Ref. # 20. 21. Proposed Amendment Add "outdoor dining (incidental)" to the Permitted Uses tables of all zones where the use is currently permitted, and delete the separate code sections which states the use is permitted in these zones. In all zones, add a footnote to each use table that indicates any use that is defined as an "entertainment establishment" (per Municipal Code Chapter 8.09) shall be subject to the requirements of CMC 8.09 (Entertainment Ordinance). Discussion/Analysis The "Permitted Uses" tables are intended to indicate all of the uses allowed in each zone. However, currently, incidental outdoor dining is specified as a permitted use in a separate section (apart from the use table of each zone). This amendment will improve consistency and clarity in regard to what uses are permitted in each zone. The new footnote ensures that the Zoning Ordinance is consistent with the City's Entertainment Ordinance (CMC Chapter 8.09). Code Section(s) 21.26.010 21.27.020 21.28.010 21.30.010 21.32.010 21 .34.020 21.07.020 21.08.020 21.09.020 21.10.020 21.12.020 21.16.020 21.18.020 21.20.010 21.22.020 21.24.020 21.25.040 21.26.010 21.27.020 21.28.010 21.30.010 21.31.030 21.32.010 21.33.020 21.34.020 21.36.020 21.37.020 Chapter C-1 O C-2 C-M M P-M E-A R-A R-E R-1 R-2 R-3 R-P R-T R-W RD-M C-F C-1 O C-2 C-M C-L M 0-S P-M P-U RMHP ATTACHMENT 3 Ref. #Proposed Amendment Discussion/Analysis Code Section(s) Zone/ Chapter 22.In the C-1 zone, modify the administrative permit requirements for incidental outdoor dining: a. Delete references to zones which allow Outdoor Dining (Incidental). b. Delete the statement that indicates incidental outdoor dining is not permitted in the coastal zone west of the railroad if the restaurant does not provide the required parking for their existing indoor seating areas. Add development standards for incidental outdoor dining areas to Sec. 21.26.013, which were deleted from the definition for Outdoor Dining (Incidental). See Ref. #3. a. As described above (Ref. #19), Outdoor Dining (Incidental) is proposed to be added to the use tables for each zone where it is allowed. The current language in 21.26.013 is repetitive and should be deleted. b. This sentence is redundant with the recently updated Nonconforming Ordinance and should be deleted. Any existing use or structure that currently does not provide adequate parking per Chap. 21.44, the Nonconforming Ordinance prohibits any expansion that would increase the nonconformity (i.e., in this case, add additional parking demand to an under- parked restaurant). The nonconforming regulations apply citywide; and therefore, it is not necessary to specify the same restriction to only a portion of the city. c. Standards and other development criteria generally should not be located in the Definitions Chapter of the Zoning Code. This amendment will relocate the standards from the definition of incidental outdoor dining to the appropriate section in the C-1 zone chapter that specifies regulations for the use. 21.26.013 C-1 23. In the Office zone, add "Child Day Care Centers" to the use table and delete the separate code section that provides for the use in this zone. The "Permitted Uses" tables are intended to indicate all of the uses allowed in each zone. However, currently in the Office zone, child day care centers are specified as a permitted use in a separate section (apart from the use table). This amendment will improve consistency and clarity in regard to what uses are permitted in the zone. 21.27.020 O ATTACHMENT 3 Ref. #Proposed Amendment Discussion/Analysis Code Section(s) Zone/ Chapter 24. Delete the sign requirements specified in the Office zone and replace them with a reference to the sign requirements specified in the Sign Chapter (21.41). The sign requirements specified in the Office zone are repetitive with Chap. 21.41 (Signs). This amendment proposes to replace the repetitive portions with a reference to Chap. 21.41. 21.27.050 O 25. In the C-L zone, amend the use table footnotes to no longer reference "schools". Existing use table footnote #2 states that "educational facilities, other" and "schools" shall not occupy more than 10,000 square feet in a shopping center. "Schools" are not permitted in the C-L zone. Deleting "schools" from the footnote provides better consistency. 21.31.030 C-L 26. In the C-L zone, clarify use table footnote #4 (proposed to be renumbered as #5). The existing language is unclear and the amendment proposes to clarify the footnote.21.31.030 C-L 27. In the M zone, integrate footnote 1 into the use table to clarify that any use permitted in the C-M zone is permitted in the M zone. The Permitted Uses table for the M zone currently has a footnote (1) that specifies any use permitted in the C-M zone is permitted in the M zone, with the exception of child day care. As a footnote, the information is less apparent than if it was stated within the use table. This amendment will relocate the information to improve clarity. 21.32.010 M 28. In the P-U zone, separate the various uses listed under "agriculture" into individual rows in the use table. The amendment will increase the clarity of the use table.21.36.020 P-U 29. In the P-U zone, delete the section in the use table that allows the Planning Commission or City Council to determine if a use not specified is similar to a use listed in the use table. Also delete the associated table footnote. The section to be deleted conflicts with P-U Zone Section 21.36.020.C, which currently allows the Planning Director to determine if a use not specified is similar to a permitted use listed in the use table, and thereby would be allowed in the zone (which is the case in all other zones, as well). 21.36.020 P-U ATTACHMENT 3 Ref. #Proposed Amendment 30. Delete redundant provisions of the P-C zone. Discussion/Analysis Code Section(s) Zone/ Chapter In the "general provisions" section of the P-C zone (21.38.030), subsection (b) requires all land in a proposed planned community to be under unified control (written agreement by all owners). This is redundant with 21.38.050, which requires all property owners to sign an application for approval of a master plan (the signed application constitutes the written agreement (unified control) of all owners). Subsection 21.38.030(c) states that if the land is transferred, the new owner must comply with the approved master plan. This is redundant with the City's current practice of recording a notice of restriction against the property for all permits approved. The notice of restriction binds all successors in interest to the requirements of the master plan. 21.38.030 P-C 31, Add parking standards that were deleted from the zone chapters (see Ref. #4) to the Parking Chapter (21.44) if they are not already listed there. Ensures parking standards used in the code are centrally located in the Parking chapter. 21.44.020 Parking 32. Add a parking standard for "Educational facilities, other", and delete "Vocational schools" from the listing under "Schools". Vocational schools meet the definition of "Educational facilities, other", which are educational facilities that are not subject to the California Education Code (i.e. "schools"). The proposed parking standard for "educational facilities, other" is 1 space/200 sf., which is consistent with the parking standard in the Village Master Plan and Design Manual. 21.44.020 Parking 33. Change the term "village redevelopment" to "village review" in reference to the parking required for "Financial Institutions and Professional Offices" in the Village Review zone. This amendment changes terminology related to the expiration of the Village Redevelopment Plan. The title of the zoning district applicable to Village area of town has been changed from Village Redevelopment Zone to Village Review Zone. 21.44.020 21.83.040 Parking Child Care 10 ATTACHMENT 3 Ref. #Proposed Amendment Discussion/Analysis Code Section(s) Zone/ Chapter 34. Add a parking standard for "Personal and Professional Services" and associated table footnote 3. The code currently does not contain a parking standard for general commercial type uses. Staff proposes to use the "general commercial" parking standard from Village Master Plan and Design Manual, but suggests using the name "Personal and Professional Services", which is more descriptive of the use. 21.44.020 Parking 35. For uses which do not have a parking requirement specified in 21.44, this amendment will specify that the Planning Director may determine the parking requirements for such use, based on the most comparable use or a parking study. Currently, the Planning Commission has the authority to determine which parking requirement to apply to uses that the code does not specify a parking requirement for. This amendment proposes to transfer that authority to the Planning Director, and add a requirement that a parking study be submitted as a means of determining the appropriate parking standard. This is similar to the Planning Director's existing authority to determine whether or not a use, which is not specified as a permitted use, may be permitted because it is similar to a use permitted in the zone. 21.44.030 Parking 36. Specify that the Planning Director may waive or modify parking standards: a. For electrical power uses and utility uses with a minimal number of employees; and b. When evidence, such as a parking study, demonstrates that adequate parking will be provided and the modification will not adversely affect the neighborhood or the site design and circulation. Currently, the Planning Commission has the authority to modify parking standards for electrical power and utility uses. This amendment will transfer the authority to the Planning Director, and will add a new provision for the Planning Director to modify standards for other uses if a parking study or other evidence demonstrates the modification will not result in an adverse impact. The requirement for a parking study or other evidence ensures that the Planning Director will have sufficient information to make a determination; and the ability to modify parking standards provides flexibility in site design, which is especially beneficial to infill and other constrained sites that have limited area to develop. 21.44.040 Parking 11 ATTACHMENT 3 Ref. #Proposed Amendment Discussion/Analysis Code Section(s) Zone/ Chapter 37. In the "Yards" chapter, delete the last sentence of Section 21.46.130, which requires the Planning Commission to approve a fence or wall in excess of six feet in height in an "R" zone for "special uses" or under "special circumstances". This section should be deleted because it conflicts with section 21.52.020, which gives the Planning Director authority to approve a fence or wall in excess of six feet through an administrative variance process, which includes findings that will provide for "special circumstances". 21.46.130 Yards 38. In Section 21.47.020 (Nonresidential Planned Development Permit), change the reference to state Civil Code "Section 1350" to "Section 1351". The amendment will fix a typographical error that contains an incorrect Civil Code citation. 21.47.020 Nonres. Planned Dev. 39. Delete the requirement for the Planning Director to provide a monthly report to the City Council on all nonresidential planned development permits issued by the planning director. This is not the practice of the City and the requirement should be deleted. 21.47.110 Nonres. Planned Dev. 40. Clarify that the Planning Commission is not required to hold a "noticed" public hearing for minor amendments to nonresidential planned development projects. Section 21.47.130(a)(2) currently indicates that a "public hearing" is not required for the Planning Commission to approve a minor amendment to a nonresidential planned development project. However, for the Commission to consider and act on a minor amendment they must do so at a Planning Commission meeting (a public hearing); the distinction is that they do not need to hold a "noticed" public hearing for the amendment. The amendment will clarify this by indicating a "noticed" public hearing is not required. 21.47.130 Nonres. Planned Dev. 41. In the requirements for amendments to nonresidential planned developments, change the reference to "densities" of the project to "intensity" of the project. The term "density" typically applies to residential development. For nonresidential development the term "intensity" is more commonly used when referring to the project. 21.47.130 Nonres. Planned Dev. 12 ATTACHMENT 3 Ref. #Proposed Amendment Discussion/Analysis Code Section(s) Zone/ Chapter 42. Delete redundant Section 21.47.170, which prevents an applicant from reapplying for a nonresidential planned development permit within one year of having an application for a similar nonresidential planned development permit denied for the same property. This section is redundant with Section 21.54.130, which prevents reapplying for any type of permit within one year after having a similar permit denied. 21.47.170 Nonres. Planned Dev. 43. In Section 21.50.010 (Variances - Granting authority), delete the language that indicates the Planning Commission can grant a variance "as an administrative act". Section 21.50.010 indicates the Planning Commission has the authority to approve variances, "as an administrative act." However, Chapter 21.54 requires the Planning Commission to hold a public hearing and make findings prior to granting a variance, which constitutes a discretionary act. The words, "as an administrative act" should be deleted. 21.50.010 Variances 44. Reformat Chapter 21.52 (requirements for processing amendments to the Zoning Ordinance, General Plan, and LCP). This amendment proposes to change the structure and wording in order to make the format of the chapter consistent with others in the code, as well as make it easier to read and implement. No changes are proposed for the code except for those listed below (See Ref #s 44-46). 21.52 Amend- ments 45. Clarify that the City Council has the final authority to approve or deny amendments to the General Plan, Zoning Ordinance, and LCP. Section 21.52.050 currently indicates that the Planning Commission shall recommend adoption of an amendment to the City Council, or shall deny the application. California Government Code Section 65354, which mandates that the Planning Commission can only make recommendations for final action to the City Council (for approval or denial) for general plan and zoning amendments. This amendment will ensure consistency with state law. 21.52.050 Amend- ments 13 ATTACHMENT 3 Ref. # 46. Proposed Amendment Revise the provisions for amendments that are referred back from the City Council to Planning Commission, as follows: a. Clarify that the referral provisions apply to all legislative actions b. Indicate that a referral back from City Council to Planning Commission should occur when there is a "substantial" modification that was not considered by the Planning Commission. c. Change the timeframe for Planning Commission reports on referrals from 40 days to 45 days "or within the time set by the city council". Discussion/ Analysis a. The amendment clarifies that referral provisions apply to all legislative actions (General Plan amendments, Local Coastal Program amendments and Zoning amendments) and proposes that they follow the same procedure. b. Section 21 .52.050 currently states that after the Planning Commission has made its recommendation on an amendment to the City Council, any "modification" the Council decides to make to the amendment must be referred back to the Planning Commission for consideration. Government Code Section 65356 states that if the Council proposes a "substantial modification" to a General Plan amendment, then the amendment shall be referred back to the Planning Commission. This amendment will add the term "substantial" in reference to modifications to amendments that are referred back to the Planning Commission, consistent with Government Code Section 65356. c. If the amendment referral requires a public hearing by the Planning Commission, the current 40 day timeframe may not be long enough to accomplish this and should be amended to allow additional time for the Planning Commission's consideration. The Government Code indicates the Planning Commission must report back to the City Council within 40 days (Zoning amendments) or 45 days (General Plan amendments), or a longer timeframe specified by the City Council. The proposed amendment is consistent with the Government Code. Code Section(s) o-\ x.o n^O£_ 1 .\J^m\J\J\J Zone/ Chapter Amend- ments 14 ATTACHMENT 3 Ref. #Proposed Amendment Discussion/Analysis Code Section(s) Zone/ Chapter 47. Delete Section 21.52.140 (Review of zone changes). This section requires the Planning Commission to review zone changes one year after they have been granted, and if the new zone has not been "utilized" then the Planning Commission can consider whether the zone should revert back to the original zone or change to a different zone. This is not consistent with the process of designating zones or processing amendments to zones. Zoning is intended to implement the General Plan; a zone cannot be changed without ensuring consistency with the General Plan. The land use and zoning designations applied to a property should be based on what is most appropriate for that area, not on whether or not the zone has been "utilized". The Planning Commission currently does not review zone changes annually, and deleting this section will ensure consistency with the current practice of processing zone changes. 21.52.140 Amend- ments 48. Delete the section which specifies that the Planning Commission may approve temporary real estate signs for new subdivisions. This section should be deleted because it conflicts with an existing provision in the Sign ordinance (21.41.095—Table C), which allows for signage on "real property which is for rent, sale, or lease—all zones," through the issuance of a typical sign permit. 21.53.100 Uses Generally 15 ATTACHMENT 3 Ref. #Proposed Amendment Discussion/Analysis Code Section(s) Zone/ Chapter 49. Amend Section 21.53.150 to clarify that the Planning Director shall "modify or waive" standards applicable to satellite television antennas. Federal law preempts local land use law for satellite antennas (i.e. local laws shall not be imposed on satellite antennas if those laws would prevent the installation of an antenna or impose unreasonable costs). Section 21.53.150 (Satellite television antenna - Variance to standards) complies with Federal law by requiring the Planning Director to grant a variance to the satellite antenna standards if they prevent the installation or impose unreasonable costs. The "variance" in this section is intended to mean a waiver or modification of standards; however, the term "variance" is typically interpreted as meaning the formal Variance process required by Chapter 21.50, which is not the appropriate process to modify standards in this case (because the City is preempted by Federal law). Therefore, this amendment will replace the term "variance" with "modify or waive". 21.53.150 Uses Generally 50. In the Procedures, Hearings, Notices and Fees chapter, change the term "secretary of the planning commission" to "planning director". The planning director is the secretary of the planning commission, and the amendment proposes to clarify this outdated language.21.54.064 21.54.140 Procedures Hearings Notices & Fees 16 ATTACHMENTS Ref. #Proposed Amendment Discussion/Analysis Code Section(s) Zone/ Chapter 51. Clarify the provisions for appealing Planning Director and Planning Commission decisions: a. Specify that the grounds for appeals are limited to an abuse of discretion by the decision maker, or that there wasn't a fair and impartial hearing (Planning Commission). b. Specify that the appeal hearing is de novo but at the appeal hearing, the decision maker can only consider the evidence considered in the original decision being appealed. This amendment places the burden of proof on the appellant to demonstrate that there was an abuse of discretion by the decision maker, which gives greater deference to the original decision as the basis for an appeal. b. The proposed language will clarify that appeal hearings are de novo (i.e. the higher body may overturn the decision of a lower body), and will clarify what information can be considered in the decision on an appeal (only the information considered by the original decision maker) - no new information can be introduced in an appeal hearing. 21.54.140 21.54.150 Procedures Hearings Notices & Fees 52. In Chapter 21.55 (Dedication of Land and Fees for School Facilities), correct/clarify references to the California Government Code. Section 21.55.020 indicates that the chapter is adopted pursuant to Section 65970 of the California Government Code; Section 65970 is incorrect; the correct citation is Section 66478. 21.55.020 Dedication of land for School Facilities 53. In Chapter 21.58, establish/clarify the process to remedy violations of conditions of approval, and to revoke permits. The proposed new code section (21.58.010) will establish a requirement for the City to issue a Notice of Violation when a property owner or permittee has not complied with the conditions of approval of their permit, which will assist the City in remedying violations of conditions of approval. In addition, the existing provisions for revoking permits are proposed to be clarified. 21.58.010 21.58.020 Revocation -Expiration 17 ATTACHMENTS Ref. #Proposed Amendment Discussion/Analysis Code Section(s) Zone/ Chapter 54. In Chapter 21.62 (Violations), add a section that indicates the city right to enforce any remedy for violations in accordance with Chapters 1.08 and 1.1 Oof the Carlsbad Municipal Code, including but not limited to recording a notice of violation. This new section indicates the City's right to remedy violations. 21.62.020 Violations 55. Clarify the provisions of Section 21.83.040 (Child Care Use Chart), and add the C-F zone to the list of zones in the use chart which allow child daycare centers. The C-F zone (Chapter 21.25) lists child daycare centers as a permitted use; however the C-F zone was inadvertently omitted from the use chart in the Child Care chapter (21.83) and should be added. In addition, minor amendments to the wording of this section are proposed to provide better clarity. 21.83.040 Child Care 56. In the Child Care Use Chart (footnote #1), delete the minimum lot size specified for large family day care homes. State law specifies that large family day care homes are permitted in any single family dwelling. To be consistent with State law, the City must allow such uses in any single family dwelling, regardless of lot size. The Child Care regulations currently require that large family day care be conducted within single family dwellings located on lots of 7,500 sf. or more; this minimum lot size requirement should be deleted for consistency with State law. 21.83.040 Child Care 57. In the Senior Housing regulations, clarify that the site development plan findings (in Chapter 21.06) do not apply to senior housing projects. Section 21.84.080 (application process for senior housing projects) requires a site development plan processed pursuant to Chapter 21.06 (Q-Overlay zone, which specifies the process for approving a SDP); however, 21.84.080 states that the findings of 21.06 (specifically findings: 1, 2, 3, and 4) are not applicable to senior housing projects. After the senior housing ordinance was adopted, a fifth finding was added to Chapter 21.06 for site development plans, which applies to the development of shopping centers. To clarify that this fifth finding is not applicable to senior housing, Section 21.84.080 is proposed to be amended to clarify all findings in 21.06 are not applicable to senior housing. 21.84.080 Housing for Senior Citizens 18 ATTACHMENT 3 Ref. #Proposed Amendment Discussion/Analysis Code Section(s) Zone/ Chapter 58. In the occupancy requirements for senior housing, correct a typo to clarify that "more" than, but not less than 80%, of all dwellings must be occupied by a qualifying resident. This amendment corrects a typographical error; the current text reads "...may result in less than, but not less than 80%..." the correct language should read "...may result in more than, but not less than 80%..." 21.84.100 Housing for Senior Citizens "Severability" is a more appropriate term for this section, and is consistent with other chapters of the code. 59. In the Density Bonus chapter (21.86), change the title of Section 21.86.150 from "Seperability of provisions" to "Severability".21.86.150 Density Bonus 60. In the Hillside Development regulations (Chapter 21.95), clarify that if a project is exempt from the Hillside Development Permit requirements, but does not comply with the standards in 21.95, then a Hillside Development Permit is required in order to obtain an exclusion or modification to the standards. The purpose of this amendment is to clearly state when a Hillside Development Permit is required. The existing language is unclear regarding projects that normally would be exempt but are required to obtain a permit because they do not comply with the standards in 21.95. 21.95.040 Hillside Dev. 61. In the requirements for recycling collection and processing facilities, change the reference to the conditional use permit requirements from Chapter "21.50" to "21.42". This amendment corrects a typographical error. 21.105.030 21.105.040 Recycling Facilities 62. In the Floodplain Management Regulations, add findings to be made when approving a floodplain special use permit. Relocate the "Findings of fact" statements made for the establishment of the floodplain regulations into the "Statement of purpose" section of the chapter. This amendment proposes to clarify existing findings, and add other standard findings made by the Planning Commission when approving a floodplain special use permit. The other proposed changes are to clarify related code sections. 21.110.020 21.110.030 21.110.135 Floodplain Mngt. 63. Specify that the Planning Commission is the floodplain administrator, and that they may approve floodplain special use permits upon the advice of the city engineer. The "floodplain administrator" role is not clearly defined in the existing code. The Planning Commission is the floodplain administrator per City Council Agenda Bill 9670, and the language proposed intends to clarify who is the "floodplain administrator", and what their authority is. 21.110.130 21.110.140 21.110.150 Floodplain Mngt. 19 ATTACHMENT 3 Ref. #Proposed Amendment Discussion/Analysis Code Section(s) Zone/ Chapter 64. In the requirements for minor coastal permits for second dwelling units (Section 21.201.085), clarify the reference to the second dwelling unit standards located in Chapter 21.10. This amendment corrects a typographical error to reference the correct code section for second dwelling unit standards (21.10.030), and clarifies that second dwelling units constructed in the Coastal Zone must also be in conformance with the development standards in 21.10.030. 21.201.085 Coastal Dev. Permit Procedures 65. Delete the timeframes required for submittal and approval of extensions to coastal development permits. Currently, the code requires an application for an extension to coastal development permit to be submitted not more than 90 days or less than 45 days prior to CDP expiration; the code also requires that a final decision on the application be made no more than 45 days after the expiration. State law does not require these timeframes, and they conflict with other permit extension timeframes. Typically, all permits associated with a single project are extended at the same time. This amendment modifies the timeframes to require an extension application be submitted "prior" to the expiration of the permit, and if the extension application was "timely filed", an extension can be granted by the city after the expiration date; this process is consistent with the extension process of other permits. 21.201.210 Coastal Dev. Permit Procedures 66. In the Coastal Shoreline Development Overlay Zone, specify that the applicant is responsible for submitting documents to the Coastal Commission for dedication of public accessways. According to the Coastal Commission Public Access Action Plan, it is the responsibility of the applicant to submit the documents in question to the Coastal Commission.21.204.080 Coastal Shoreline Dev. Overlay 67. In the Coastal Shoreline Development Overlay Zone, add language requiring the applicant to indemnify and hold the City harmless from any liability. Applicants cannot waive claims of liability. It is the City's practice to require applicants to indemnify and hold the City harmless from liability.21.204.120 Coastal Shoreline Dev. Overlay 20 ATTACHMENT 3 Ref. #Proposed Amendment Discussion/Analysis Code Section(s) Zone/ Chapter 68. Amend the Commercial Visitor Overlay Zone to exclude "outdoor dining (incidental)" from the parking required for restaurants. By excluding incidental outdoor dining (400 square feet maximum) from the parking required for restaurants, restaurants will be encouraged to provide outdoor dining, which is a desirable amenity in coastal southern California. Currently, in all areas of the city, with the exception of the Commercial Visitor Serving Overlay Zone (CVSOZ), outdoor dining areas that do not exceed 400 square feet (incidental) are exempt from the parking required for restaurants. Within the CVSOZ, restaurants are subject to a higher parking requirement than restaurants outside of the CVSOZ; therefore, additional parking is already required, and staff recommends that even more parking for incidental outdoor dining (compared to that required for restaurants outside the CVSOZ) is not necessary. The small space permitted for incidental outdoor dining does not add any significant demand for parking, and the benefit of providing outdoor dining should be encouraged. 21.208.020 21.208.060 21.208.100 Comm./ Visitor Serving Overlay 69. In Section 21.208.050 (uses permitted by a conditional use permit in the CVSOZ), replace the reference to the conditional use permit requirements in Chap. 21.50 with reference to Chap. 21.42. This amendment corrects a typographical error. 21.208.050 Comm./ Visitor Serving Overlay 21 ATTACHMENT 4 ZCA 07-02/LCPA 07-03 MISCELLANEOUS ZONE CODE AMENDMENT STRIKE-OUT/UNDERLINE AMENDMENTS TO CHAPTER 21.04 List of Sections in Chapter 21.04 The list of sections in Chapter 21.04 (Definitions) is proposed to be amended by the deletion of the reference to 21.04.188.1, and the addition of a reference to Section 21.04.290.1, as follows: 21.04.188.1—Incidental outdoor dining areas. 21.04.290.1 Outdoor Dining (Incidental) 21.04.145 Section 21.04.145 (Definitions, "Family") is proposed to be amended as follows: 21.04.145 Family. "Family" means one or more persons living together in a dwelling unit, with common access to, and common use of all living, kitchen, and eating areas within the dwelling unit, a reasonable number of persons who constitute a bona fide single housekeeping unit. Residents and operators of a residential care facility serving six or fewer persons shall be considered a family for purposes of any zoning regulation relating to residential use of such facilities. 21.04.188.1 Section 21.04.188.1 (Definitions, Incidental outdoor dining areas) is proposed to be deleted (see 21.04.290.1, below, for the replacement definition): 21.04.188.1 Incidental outdoor dining areas. "Incidental outdoor dining area" means, everywhere except within the redevelopment area local coastal program segment and except within the commercial/visitor serving overlay zone, a small extension of an indoor restaurant, bona fide eating establishment, or deli which extends outdoors beyond the walls of the restaurant and which is used exclusively for eating, drinking and pedestrian circulation therein.—Incidental outdoor dining areas shall be utilized only as extensions of restaurants providing indoor seating and which are properly licensed for such service. On properties located west of the railroad right of way and outside of the village redevelopment area, incidental outdoor dining areas shall be allowed only where the existing indoor restaurant, bona fide eating establishment, or deli provides on site parking in compliance with the parking ratios specified in Chapter 21.44 (Parking) of this code. Incidental outdoor dining areas may bo located on private property only (not in the public ATTACHMENT 4 right of way). The maximum number of seats, tables and square feet allowed in an incidental outdoor dining area shall bo limited to: (f) A maximum of twenty percent of the number of indoor seats or a maximum of twenty seats, whichever is more restrictive; and, (4t) A maximum of six tables; and fiti) A maximum of four hundred square feet in area. Incidental outdoor dining areas may bo allowed pursuant to Chapter 21.26 of this code. Any amount of outdoor dining area exceeding the above limitations shall not be considered "incidental" for purposes of this definition. 21.04.290.1 Section 21.04.290.1 (Definitions, Outdoor Dining (Incidental)) is proposed to be added as follows: 21.04.290.1 Outdoor Dining (Incidental). "Outdoor dining (incidental)" means a small extension of an indoor restaurant, bona fide eating establishment, or deli which extends outdoors beyond the walls of the restaurant, and does not exceed the limitations established in Chapter 21.26. ATTACHMENT 4 AMENDMENTS TO CHAPTER 21.05 21.05.095 Section 21.05.095 (Zone Establishments - Boundaries, Combination Zoning) is proposed to be amended as follows: 21.05.095 Combination zoning. A. As provided by the Carlsbad General Plan, some areas of the city are suitable for more than one land use classification; and often, multiple land use designations are assigned to areas in the early planning stages when it is unclear what the most appropriate designation may be or where the boundaries of such designations should be located. These areas are referred to in the General Plan as "combination districts". It is the intent of this section to implement the General Plan provisions for "combination districts", as follows: L Two or more zones (combination zoning) may be permitted on property with two or more General Plan land use designations (combination district), as a means of implementing the combination district. Prior to approval of any combination zoning, it must be found that all of the following circumstances exist on the property where the combination zoning is to be applied: (4-) The characteristics of the site demonstrate that the use of a single zone is inadequate to allow proper planning and development in conformance with the general plan; (2-) The area is partially developed under an existing zone, but desirable uses for the infill of this area are not permitted under the existing zone; (3) Tho characteristics of the area are such that a combination zone would allow a greater ability for land uses to be compatible with and protect surrounding land uses. 2. The designation of combination zoning requires additional comprehensive planning. Prior to the approval of any permits for development of property with combination zoning, the following must occur: a. If the combination zoning applies to property consisting of 25 acres or more, a specific planT shall be approved pursuant to Section 65450 et seq. of the Government Code. The specific plan; shall establish the regulations and development standards for such property and the uses permitted thereonT, consistent with the underlying general plan designations. b. If the combination zoning applies to property consisting of less than 25 acres, a site development plan shall be approved and shall establish the regulations and development standards for such property and the uses permitted thereon shall be consistent with the underlying zoning designations. It is intended that such combination zoning may apply only to nonresidential zones excluding the R-P zone, and that the uses permitted may be any combination of permitted uses as provided in the specific plan. ATTACHMENT 4 AMENDMENTS TO CHAPTER 21.07 21.07.020 The legend of Table A of Section 21.07.020 (E-A Exclusive Agricultural Zone, Permitted Uses) is proposed to be amended as follows: 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. (See note 7 below) "CUP" indicates use is permitted with approval of a conditional use permit. (See note 7 below) 1 = Administrative hearing process 2 = Planning commission hearing process 3 = City council hearing process "Ace" indicates use is permitted as an accessory use. 21.07.020 Table A of Section 21.07.020 (E-A Exclusive Agricultural Zone, Permitted Uses) is proposed to be amended by the addition of the following footnote: 7. Any use meeting the definition of an entertainment establishment, as defined in Section 8.09.020 of the Carlsbad Municipal Code (CMC), shall be subject to the requirements of CMC Chapter 8.09. 21.07.120 Section 21.07.120(1) (E-A Exclusive Agricultural Zone, Development standards) is proposed to be amended as follows: (1) Garage(s), which are provided to meet the parking requirements for dwellings pursuant to Section 21.44.020 of this title, Each dwelling unit shall be have a two-car garage-, which is architecturally integrated with and-has-have an exterior similar to the dwelling unit. Such garage shall have a minimum dimension of twenty feet square. ATTACHMENT 4 AMENDMENTS TO CHAPTER 21.08 21.08.020 The legend of Table A of Section 21.08.020 (R-A Residential Agricultural Zone, Permitted Uses) is proposed to be amended as follows: 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. (See note 7 below) "CUP" indicates use is permitted with approval of a conditional use permit. (See note 7 below) 1 = Administrative hearing process 2 = Planning commission hearing process 3 = City council hearing process "Ace" indicates use is permitted as an accessory use. 21.08.020 Table A of Section 21.08.020 (R-A Residential Agricultural Zone, Permitted Uses) is proposed to be amended by the addition of the following use: Use Residential care facilities (serving six or fewer persons) (defined: Section 21.04.300) P X CUP Ace 21.08.020 Table A of Section 21.08.020 (R-A Residential Agricultural Zone, Permitted Uses) is proposed to be amended by the addition of the following footnote: 7. Any use meeting the definition of an entertainment establishment, as defined in Section 8.09.020 of the Carlsbad Municipal Code (CMC), shall be subject to the requirements of CMC Chapter 8.09. 21.08.100 Section 21.08.100.A.I (R-A Residential Agricultural Zone, Development standards) is proposed to be amended as follows: 1. Garage(s), which are provided to meet the parking requirements for dwellings pursuant to Section 21.44.020 of this title, shall be_have a two car garage, with a minimum dimension of twenty feet square which is architecturally integrated with and-has-have an exterior similar to the dwelling unit, with the following exception: ATTACHMENT 4 * One additional paved off street (covered or uncovered) parking space shall be provided for a second dwelling unit and shall comply with tho requirements of Chapter 21.44. The additional parking space may be provided through tandem parking (provided that the garage is set back a minimum of twenty feet from the property line) or in the front yard setback; ATTACHMENT 4 AMENDMENTS TO CHAPTER 21.09 21.09.020 The legend of Table A of Section 21.09.020 (R-E Rural Residential Estate Zone, Permitted Uses) is proposed to be amended as follows: 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. (See note 6 below) "CUP" indicates use is permitted with approval of a conditional use permit. (See note 6 below) 1 = Administrative hearing process 2 = Planning commission hearing process 3 = City council hearing process "Ace" indicates use is permitted as an accessory use. 21.09.020 Table A of Section 21.09.020 (R-E Rural Residential Estate Zone, Permitted Uses) is proposed to be amended by the addition of the following use: Use Residential care facilities (serving six or fewer persons) (defined: Section 21.04.300) P X CUP Ace 21.09.020 Table A of Section 21.09.020 (R-E Rural Residential Estate Zone, Permitted Uses) is proposed to be amended by the addition of the following footnote: 6. Any use meeting the definition of an entertainment establishment, as defined in Section 8.09.020 of the Carlsbad Municipal Code (CMC), shall be subject to the requirements of CMC Chapter 8.09. 21.09.190 Section 21.09.190(1) (R-E Rural Residential Estate Zone, Development standards) is proposed to be amended as follows: (1) Garage(s), which are provided to meet the parking requirements for dwellings pursuant to Section 21.44.020 of this title, Each dwelling unit shall be have a two-car garage, with a minimum dimension of twenty feet square which is architecturally integrated with and-has-have an exterior similar to the dwelling unit, with the following exception: (A) One additional paved off stroot (covered or uncovered) parking space shall be provided for a second dwelling unit and shall comply with the requirements of Chapter 21.44. The additional 7 ATTACHMENT 4 parking space may be provided through tandem parking (provided that the garage is set back a minimum of twenty feet from the property line) or in the front yard setback; ATTACHMENT 4 AMENDMENTS TO CHAPTER 21.10 21.10.020 The legend of Table A of Section 21.10.020 (R-l One-Family Residential Zone, Permitted Uses) is proposed to be amended as follows: 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. (See note 4 below) "CUP" indicates use is permitted with approval of a conditional use permit. (See note 4 below) 1 = Administrative hearing process 2 = Planning commission hearing process 3 = City council hearing process "Ace" indicates use is permitted as an accessory use. 21.10.020 Table A of Section 21.10.020 (R-l One-Family Presidential Zone, Permitted Uses) is proposed to be amended by the addition of the following use: Use Residential care facilities (serving six or fewer persons) (defined: Section 21.04.300) P X CUP Ace 21.10.020 Table A of Section 21.10.020 (R-l One-Family Residential Zone, Permitted Uses) is proposed to be amended by the addition of the following footnote: 4. Any use meeting the definition of an entertainment establishment, as defined in Section 8.09.020 of the Carlsbad Municipal Code (CMC), shall be subject to the requirements of CMC Chapter 8.09. 21.10.030 Section 21.10.030 (R-l One Family Residential Zone, Second dwelling units) is proposed to be amended as follows: 21.10.030 Second dwelling units. A. The public good is served when there exists in a city housing which is appropriate for the needs of and affordable to all members of the public who reside within that city. Among other needs, there is in Carlsbad a need for affordable rental housing. Therefore, it is in the public interest for the city to promote a range of housing alternatives in order to meet the affordable rental housing needs of its ATTACHMENT 4 citizens. This section is intended to provide a rental housing alternative by establishing a procedure to create new second dwelling units. B. The provisions of this section shall apply to single-family zones R-A, R-E and R-l, areas designated by a master plan for single-family detached dwellings in P-C zones and lots within multifamily zones R-2, R-3, R-P, R-T, R-W and RD-M, which are developed with single-family residences. C. Second dwelling units developed within the coastal zone require a minor coastal development permit issued according to the provisions of Section 21.201.085 and a building permit. Second dwelling units outside of the coastal zone require a building permit. D. The completed minor coastal development permit and/or building permit application for a second dwelling unit shall include the following information: 1. The name(s) of the owner(s); 2. The address of the dwelling units; 3. The assessor's parcel number; 4. Building elevations and a general floor plan of the second dwelling unit; 5. A scaled drawing showing the lot dimensions, the location of the primary and second dwelling unit, location of all vehicular parking and the total square footage of both units; 6. Description and location of water and sanitary (sewer) services; and 7. An owner applicant-signed and notarized Notice of Restriction, to be recorded against the property, in conformance with Section 21.10.030.E.15 of this Chapter, affidavit ef- compliance declaring that: (a) the second dwelling unit is not in conflict with existing conditions, covenants and restrictions (CC&Rs) applicable to the title of the subject property; (b) the property owner(s) shall reside in either the main dwelling unit or tho second dwelling unit, unless a lessee leases both the main dwelling and the second dwelling unit; (c) the property owners agree to rent the second dwelling unit at a monthly rental rate which shall not exceed an income of a low income household, adjusted for household size, at eighty percent of the San Diego County median income. E. Second dwelling units shall comply with the following: 1. The second dwelling unit shall either be attached to the main dwelling unit and located within the habitable area of the main dwelling unit or detached from the main dwelling unit and located on the same lot as the main dwelling unit; 2. The second dwelling unit shall have a separate entrance; 3. The second dwelling unit must meet the setback, lot coverage and other development standards applicable to the zone which are not addressed within this subsection. In the coastal zone, any housing development processed pursuant to this chapter shall be consistent with all certified local coastal program provisions, with the exception of density, or as otherwise specified within this subsection; 4. Attached second dwelling units shall conform to the height limits applicable to the zone and detached second dwelling units shall be limited to one story, except that second dwelling units constructed above detached garages shall be permitted and shall conform to the height limits applicable to the zone; 5. Garage conversions are prohibited unless replacement off-street garage parking is provided concurrently and in compliance with the requirements of Chapter 21.44; 6. Second dwelling units shall not be permitted on a lot or parcel having guest or accessory living quarters, or a residential care facility. Existing guest or accessory living quarters may be converted into a second dwelling unit provided that all zoning and structural requirements are met; 7. One additional paved off-street (covered or uncovered) parking space shall be provided for the second dwelling unit and shall comply with the requirements of Chapter 21.44. The additional parking space may be provided through tandem parking (provided that the garage is set back a minimum of twenty feet from the property line) or in the front yard setback; 8. Adequate water and sewer capacity and facilities for the second dwelling unit must be available or made available; 9. All necessary public facilities and services must be available or made available; 10. The second unit may be rented and shall not be sold separately from the main dwelling unit unless the lot on which such units are located is subdivided. The lot upon which the second unit is 10 ATTACHMENT 4 located shall not be subdivided unless each lot which would be created by the subdivision will comply with the requirements of this title and Title 20; and further provided, that all structures existing on each proposed lot will comply with the development standards applicable to each lot; 11. The total area of floor space for an attached or detached second unit shall not exceed six hundred forty square feet; 12. The second dwelling unit shall be architecturally compatible with the main dwelling unit, in terms of appearance, materials and finished quality; 13. A second dwelling unit which conforms to the requirements of this section shall be allowed to exceed the permitted density for the lot upon which it is located and shall be deemed to be a residential use consistent with the density requirements of the general plan and the zoning designation for the lot; 44 The size of the lot upon which a second dwelling unit is proposed shall not bo less than the minimum lot size required of the zone. 14. Second dwelling units intended to satisfy an inclusionary requirement shall comply with the requirements of Chapter 21.85, including but not limited to the applicable rental rates and income limit standards. 15. The owner shall sign and notarize a Notice of Restriction, to be recorded against the property, declaring that: a. If the second dwelling unit is rented, the monthly rental rate shall not exceed the allowable housing expense of a low-income household (defined: Section 21.85.020). b. The property owner(s) shall reside in either the main dwelling unit or the second dwelling unit, unless a lessee leases both the main dwelling and the second dwelling unit; c. The obligations and restrictions imposed on the second dwelling unit per this Chapter are binding on all present and future property owners. 21.10.120 Section 21.10.120.A.I. (R-l One-Family Residential Zone, Development standards) is proposed to be amended as follows: 1. Garage(s), which are provided to meet the parking requirements for dwellings pursuant to Section 21.44.020 of this title, Each dwelling unit shall be have a two car garage, with a minimum dimension of twenty feet square which is architecturally integrated with and hos-have an exterior similar to the dwelling unit, with the following exception: ft-. One additional paved off street (covered or uncovered) parking space shall be provided for a second dwelling unit and shall comply with the requirements of Chapter 21.4-1. The additional parking space may be provided through tandem parking (provided that the garage is set back a minimum of twenty feet from the property line) or in the front yard setback; ATTACHMENT 4 AMENDMENTS TO CHAPTER 21.12 21.12.020 The legend of Table A of Section 21.12.020 (R-2 Two-Family Residential Zone, Permitted Uses) is proposed to be amended as follows: 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. (See note 7 below) "CUP" indicates use is permitted with approval of a conditional use permit. (See note 7 below) 1 = Administrative hearing process 2 = Planning commission hearing process 3 = City council hearing process "Ace" indicates use is permitted as an accessory use. 21.12.020 Table A of Section 21.12.020 (R-2 Two-Family Residential Zone, Permitted Uses) is proposed to be amended by the addition of the following use: Use Residential care facilities (serving six or fewer persons) (defined: Section 21.04.300) P X CUP Ace 21.12.020 Table A of Section 21.12.020 (R-2 Two-Family Residential Zone, Permitted Uses) is proposed to be amended by the addition of the following footnote: 7. Any use meeting the definition of an entertainment establishment, as defined in Section 8.09.020 of the Carlsbad Municipal Code (CMC), shall be subject to the requirements of CMC Chapter 8.09. ATTACHMENT 4 AMENDMENTS TO CHAPTER 21.16 21.16.020 The legend of Table A of Section 21.16.020 (R-3 Multiple-Family Residential Zone, Permitted Uses) is proposed to be amended as follows: 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. (See note 7 below) "CUP" indicates use is permitted with approval of a conditional use permit. (See note 7 below) 1 = Administrative hearing process. 2 = Planning commission hearing process. 3 = City council hearing process. "Ace" indicates use is permitted as an accessory use. 21.16.020 Table A of Section 21.16.020 (R-3 Multiple-Family Residential Zone, Permitted Uses) is proposed to be amended by the addition of the following use: Use Residential care facilities (serving six or fewer persons) (defined: Section 21.04.300) P X CUP Ace 21.16.020 Table A of Section 21.16.020 (R-3 Multiple-Family Residential Zone, Permitted Uses) is proposed to be amended by the addition of the following footnote: 7. Any use meeting the definition of an entertainment establishment, as defined in Section 8.09.020 of the Carlsbad Municipal Code (CMC), shall be subject to the requirements of CMC Chapter 8.09. 21.16.070 Section 21.16.070 (R-3 Multiple-Family Residential Zone, Minimum lot area) is proposed to be amended as follows: 21.16.070 Minimum lot area. A. The minimum required area of a lot in the R-3 zone shall be not less than seven thousand five hundred square feet, unless otherwise shown on tho zoning map. 13 ATTACHMENT 4 21.16.080 Section 21.16.080 (R-3 Multiple-Family Residential Zone, Lot width) is proposed to be amended as follows: 21.16.080 Lot width. A. Every lot created after the effective date of the ordinance codified in this chapter shall maintain a width not less than fifty feet at the rear line of the required front yard; provided, however, if the zoning map indicates a minimum required area of six thousand square foot or more, the minimum width of a lot shall bo not less than sixty feet at the rear line of the required front yard. 14 ATTACHMENT 4 AMENDMENTS TO CHAPTER 21.18 21.18.020 The legend of Table A of Section 21.18.020 (R-P Residential Professional Zone, Permitted Uses) is proposed to be amended as follows: 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 use is permitted. (See note 3 below) "CUP" indicates use is permitted with approval of a conditional use permit. (See note 3 below) 1 = Administrative hearing process. 2 = Planning commission hearing process. 3 = City council hearing process. "Ace" indicates use is permitted as an accessory use. 21.18.020 Table A of Section 21.18.020 (R-P Residential Professional Zone, Permitted Uses) is proposed to be amended by the addition of the following footnote: 3. Any use meeting the definition of an entertainment establishment, as defined in Section 8.09.020 of the Carlsbad Municipal Code (CMC), shall be subject to the requirements of CMC Chapter 8.09. 15 ATTACHMENT 4 AMENDMENTS TO CHAPTER 21.20 21.20.010 The legend of Table A of Section 21.20.010 (R-T Residential Tourist Zone, Permitted Uses) is proposed to be amended as follows: 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. (See note 2 below) "CUP" indicates use is permitted with approval of a conditional use permit. (See note 2 below) 1 = Administrative hearing process. 2 = Planning commission hearing process. 3 = City council hearing process. "Ace" indicates use is permitted as an accessory use. 21.20.010l Table A of Section 21.20.010 (R-T Residential Tourist Zone, Permitted Uses) is proposed to be amended by the addition of the following footnote: 2. Any use meeting the definition of an entertainment establishment, as defined in Section 8.09.020 of the Carlsbad Municipal Code (CMC), shall be subject to the requirements of CMC Chapter 8.09. 16 ATTACHMENT 4 AMENDMENTS TO CHAPTER 21.21 21.21.140 Section 21.21.140 (H-O Hospital Overlay Zone, Parking) is proposed to be amended as follows: 21.21.140 Parking. Minimum: A. Parking shall be provided subject to the provisions of Chapter 21.44 of this title. (4-) Hospitals: three spaces for each bed or one per two hundred square feet of gross floor area, whichever is greater; (3) Medical or dental offices or clinics: one space for each two hundred square feet of gross floor area; (5) Other uses: parking shall be required pursuant to Chapter 21 A<\ of this code; (4)B. Additional parking may be required as part of the site development plan. Up to twenty- five percent of the required parking may be provided as compact spaces, eight feet by fifteen foot in size. 17 ATTACHMENT 4 AMENDMENTS TO CHAPTER 21.22 21.22.020 The legend of Table A of Section 21.22.020 (R-W Residential Waterway Zone, Permitted Uses) is proposed to be amended as follows: 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. (See note 7 below) "CUP" indicates use is permitted with approval of a conditional use permit. (See note 7 below) 1 = Administrative hearing process. 2 = Planning commission hearing process. 3 = City council hearing process. "Ace" indicates use is permitted as an accessory use. 21.22.020 Table A of Section 21.22.020 (R-W Residential Waterway Zone, Permitted Uses) is proposed to be amended by the addition of the following use: Use Residential care facilities (serving six or fewer persons) (defined: Section 21.04.300) P X CUP Ace 21.22.020 Table A of Section 21.22.020 (R-W Residential Waterway Zone, Permitted Uses) is proposed to be amended by the addition of the following footnote: 7. Any use meeting the definition of an entertainment establishment, as defined in Section 8.09.020 of the Carlsbad Municipal Code (CMC), shall be subject to the requirements of CMC Chapter 8.09. 18 ATTACHMENT 4 AMENDMENTS TO CHAPTER 21.24 21.24.020 The legend of Table A of Section 21.24.020 (RD-M Residential Density-Multiple Zone, Permitted Uses) is proposed to be amended as follows: 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. (See note 6 below) "CUP" indicates use is permitted with approval of a conditional use permit. (See note 6 below) 1 = Administrative hearing process. 2 = Planning commission hearing process. 3 = City council hearing process. "Ace" indicates use is permitted as an accessory use. 21.24.020 Table A of Section 21.24.020 (RD-M Residential Density-Multiple Zone, Permitted Uses) is proposed to be amended by the addition of the following use: Use Residential care facilities (serving six or fewer persons) (defined: Section 21.04.300) P X CUP Ace 21.24.020 Table A of Section 21.24.020 (RD-M Residential Density-Multiple Zone, Permitted Uses) is proposed to be amended by the addition of the following footnote: 6. Any use meeting the definition of an entertainment establishment, as defined in Section 8.09.020 of the Carlsbad Municipal Code (CMC), shall be subject to the requirements of CMC Chapter 8.09. 21.24.050 Section 21.24.050.A.3 (RD-M Residential Density-Multiple Zone, Side yard) is proposed to be amended as follows: 3. A zero foot side yard setback shall be permitted to one interior side yard, provided: a. That the owners of both lots common to the proposed zero foot side yard are in agreement, b-. That a specific plan is Filed with the city for approval, showing the proposed building locations, parking, and side yard areas for both lots, and 19 ATTACHMENT 4 eb. That the remaining side yard shall be not less than twenty-five percent of the total lot width measured at the front setback Iine27 c^ That the building permit application and other permit applications required by this code (if any) for the project shall include a site plan that shows the proposed building location, parking, and side yard setback for both lots common with the proposed zero foot side yard, to the satisfaction of the planning director, and d. That an easement or other recorded agreement for maintenance purposes be granted to provide access to the adjoining lot when there is no side yard. 20 ATTACHMENT 4 AMENDMENTS TO CHAPTER 21.25 21.25.040 Table A of Section 21.25.040.D (Community Facilities Zone, Permitted Uses) is proposed to be amended as follows: 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. (See note 1 below) "CUP" indicates that the use is permitted with approval of a conditional use permit. (See note 1 below) 1 = Administrative hearing process. 2 = Planning commission hearing process. 3 = City council hearing process. "Ace" indicates the use is permitted as an accessory use. Use Adult and/or senior day care and/or recreation facility (private or nonprivate) Agricultural farm worker housing (temporary) (subject to Section 21.42.140(6X2)) Rinlncrinnl hihitnt nrp^orvp f^nhirrt to S^rtinn ° 1 1° MOfRY^OYl fHpfinrrl- Sertinn °1 04 0/18^ Charitable service (private/semi-private) Child day care center facility (subject to the requirements of Chapter 21.83) (defined: Section 21.04.086) Churches, synagogues, temples, convents, monasteries, and other places of worship Civic associations (e.g., League of Women Voters, etc.) Clubs — nonprofit; business, civic, professional, etc. (defined: Section 2 1.04. 090) Fraternal associations and lodges (except college fraternities/sororities) Mobile buildings (subject to Section 21.42.140(B)(90)) (defined: Section 2 1.04.265) Office area (see note 2 below) Religious reading room (separate from church) Social clubs (noncommercial) Veterans' organizations (including meeting facilities) Welfare and charitable services (private or semi-private) with no permanent residential uses (e.g., Good Will, Red Cross, Traveler's Aid) Wireless communications facilities (subject to Section 21.42.140 (8)( 165)) (defined: Section 21.04.379) Youth organizations (e.g., Boy Scouts, Girl Scouts, Boys and Girls Clubs, YMCA and YWCA, except lodgings) P X X CUP 2 3 2 2 2 2 2 2 2 1 3 2 2 1 12 2 Ace X 21 ATTACHMENT 4 Notes: JL Any use meeting the definition of an entertainment establishment, as defined in Section 8.09.020 of the Carlsbad Municipal Code (CMC), shall be subject to the requirements of CMC Chapter 8.09. 2. -4-7 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. 2r. Stand-alone child day care facility is permitted subject to the approval of a site development plan pursuant to Chapter 21.06. If a child day care 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 day care 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. 22 ATTACHMENT 4 AMENDMENTS TO CHAPTER 21.26 21.26.010l The legend of Table A of Section 21.26.010 (C-l Neighborhood Commercial Zone, Permitted uses) is proposed to be amended as follows: 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. (See note 1 below) "CUP" indicates use is permitted with approval of a conditional use permit. (See note 1 below) 1 = Administrative hearing process. 2 = Planning commission hearing process. 3 = City council hearing process. "Ace" indicates use is permitted as an accessory use. 21.26.010 Table A of Section 21.26.010 (C-l Neighborhood Commercial Zone, Permitted uses) is proposed to be amended by the addition of the following use: Use Outdoor dining (incidental) (subject to Section 21.26.013) (defined: Section 21.04.290.1) P CUP Ace X 21.26.010 The footnotes of Table A of Section 21.26.010 (C-l Neighborhood Commercial Zone, Permitted uses) are proposed to be amended as follows: Notes: 1. Any use meeting the definition of an entertainment establishment, as defined in Section 8.09.020 of the Carlsbad Municipal Code (CMC), shall be subject to the requirements of CMC Chapter 8.09. 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. 23 ATTACHMENT 4 21.26.013 Section 21.26.013 (C-l Neighborhood Commercial Zone, Incidental outdoor dining areas permitted by administrative permit) is proposed to be amended as follows: 21.26.013 Outdoor dining (incidental) Incidental outdoor dining areas permitted by administrative permit. Outdoor dining (incidental) Incidental outdoor dining areas may be approved by administrative permit for restaurants, bona fide eating establishments, and delis in zones where outdoor dining (incidental) is permitted, the C 1, Q, C-2, C T, C M, M, and P M zones outside of tho redevelopment area and outside of the commercial/visitor-serving overlay zone except on those sites located within the coastal zone west of the railroad right of way which do not provide parking for their outdoor seating on site in compliance with Chapter 21.44 (Parking) of this code. The owner of the subject property shall make written application to the planning director. Such application shall include all materials deemed necessary by the director to show that the requirements of subsection (c) of this section are met. If the proposed outdoor dining (incidental) is located in the coastal zone and is not exempt from a coastal development permit by Chapter 21.201, the application shall also include constitute an application for a coastal development permit or minor coastal development permit. (a) The director shall give written notice to all property owners within three hundred feet of the subject property of pending development decision after the application is complete, at least fifteen calendar days prior to the decision on the application as follows: (1) Contents. The notice shall include all requirements of Section 21.54.061 of this code, including a notice of a public comment period of at least fifteen calendar days sufficient to receive and consider comments submitted by mail prior to the date established for the decision. The notice shall also include a statement that a public hearing shall be held upon request by any person and a statement that failure by a person to request a public hearing may result in the loss of that person's ability to appeal approval of the administrative permit by the director to the planning commission. (b) The director may approve, approve with conditions, or deny the permit. The director may waive a public hearing on an administrative permit if notice has been provided in accordance with subsection (a)(l) of this section and a request for a public hearing has not been received by the city within ten fifteen calendar days from the date of sending the notice. If a request for a public hearing is received, a public hearing before the director shall be held in the same manner as a planning commission hearing. In either event, the director's decision shall be based upon the requirements of, and shall include, specific factual findings supporting whether the project is or is not in conformity with the requirements of subsection (c) of this section. The director's decision shall be made in writing. The date of the decision shall be the date the writing containing the decision or determination is mailed or otherwise delivered to the person or persons affected by the decision. If the matter includes a coastal development permit or minor coastal development permit, unless the decision is appealed to the planning commission, the director shall provide a notice of final action in accordance with Sections 21.201.160 and 21.201.170. (c) Development Standards. All areas providing outdoor dining (incidental) incidental outdoor dining areas shall comply with the following development standards: (1) Outdoor dining areas shall comply with all applicable requirements of the State of California Disabled Access Regulations (Title 24); (2) Outdoor dining areas shall comply with all applicable requirements of the alcoholic beverage commission, if alcoholic beverages are served in the outdoor area; (3) Outdoor dining areas shall be operated only during the hours of operation of the associated restaurant; (4) Outdoor dining areas shall be used exclusively for eating and drinking; (5) Outdoor dining areas shall be located on private property only (45) Outdoor dining areas shall provide adequate circulation to accommodate normal pedestrian traffic and circulation for the outdoor dining area. Pedestrian clearance between tables and/or walls/fences shall be a minimum forty-two inches wide; (6) Outdoor dining (incidental) shall be utilized only as extensions of restaurants, bona 24 ATTACHMENT 4 fide eating establishments, or delis that provide indoor seating and are licensed for such service. (7) The maximum area provided for outdoor dining (incidental) shall be limited to a maximum of four hundred square feet. (£8) Outdoor dining areas shall not be located where the incidental outdoor dining area would: (A) Encroach into the public right-of-way, (B) Eliminate any existing parking spaces, (C) Interfere with vehicle or pedestrian circulation, (D) Remove or reduce existing landscaping (unless equivalent additional landscaping is provided elsewhere to the satisfaction of the planning director), (E) Present a traffic hazard; or (F) Be incompatible with outdoor dining, in the opinion of the city engineer, because of the speed, volume or nearness of vehicular traffic; (69) When calculating square footage for purposes of determining parking required per Chapter 21.44 of this code, space used for outdoor dining (incidental) outdoor areas pursuant to this section shall be excluded. 25 ATTACHMENT 4 AMENDMENTS TO CHAPTER 21.27 List of Sections in Chapter 21,27] The list of sections in Chapter 21.27 (Office Zone) is proposed to be amended as follows: Sections: 21.27.010 Intent and purpose. 21.27.020 Permitted uses. 21.27.021 Child day care centers by administrative permit. 21.27.035 Reserved Incidental outdoor dining areas permitted by administrative permit. 21.27.040 Site development plan required. 21.27.050 Development standards. 21.27.020l The legend of Table A of Section 21.27.020 (Office Zone, Permitted Uses) is proposed to be amended as follows: 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. (See note 1 below) "CUP" indicates use is permitted with approval of a conditional use permit. (See note 1 below) 1 = Administrative hearing process. 2 = Planning commission hearing process. 3 = City council hearing process. "Ace" indicates use is permitted as an accessory use. 21.27.020l Table A of Section 21.27.020 (Office Zone, Permitted Uses) is proposed to be amended by the addition of the following use: Use Child day care centers (subject to Chapter 21.83) (defined: Section 21.04.086) P X CUP Ace 26 ATTACHMENT 4 21.27.020 Table A of Section 21.27.020 (Office Zone, Permitted Uses) is proposed to be amended by the addition of the following use: Use Outdoor dining (incidental) (subject to Section 21.26.013) (defined: Section 21.04.290.1) P CUP Ace X 21.27.020 Table A of Section 21.27.020 (Office Zone, Permitted Uses) is proposed to be amended by the addition of the following footnote: Note: L Any use meeting the definition of an entertainment establishment, as defined in Section 8.09.020 of the Carlsbad Municipal Code (CMC), shall be subject to the requirements of CMC Chapter 8.09. 21.27.021 Section 21.27.021 (O Office Zone, Child day care centers by administrative permit) is proposed to be deleted: 21.27.021 Child day care centers by administrative permit. Child day care centers may be permitted by administrative permit, subject to the provisions of Chapter 21.83 of this title. Application for administrative permit shall demonstrate site design compatibility with surrounding development. 21.27.035 Section 21.27.035 (Office Zone, Incidental outdoor dining areas permitted by administrative permit) is proposed to be amended as follows: 21.27.035 Reserved. Incidental outdoor dining areas permitted by administrative permit. Subject to the development standards set forth in Section 21.26.013(c) an incidental outdoor dining area may be approved by administrative permit pursuant to Section 21.26.013(a). 21.27.050l Section 21.27.050(8) (O Office zone, Development Standards) is proposed to be amended as follows: (8) Signs. A detailed sign program shall bo submitted to the planning director for approval prior to occupancy of any new building or installation of any new signs. All signs proposed in the O zone shall comply with the following regulations: Chapter 21.41 of this title. (A) Total maximum allowable area of all signs, including monument signs, shall not exceed one square foot per lineal foot of building frontage. 27 ATTACHMENT 4 f&) Qno freestanding monument sign may be permitted for each lot. The monument sign shall be no greater than six feet in height or six feet in length, including tho base, with a maximum of two sign faces. Comprehensively planned developments may be permitted additional monument signs, above the allowable area, through the site development plan process. 21.27.050 Section 21.27.050(14) (O Office Zone, Development Standards, Parking Requirements) is proposed to be amended as follows: (14) Parking Requirements. Off-street parking shall be provided pursuant to Section 21.44.020 of this title, as follows: (A) Banks and other financial institutions—one space for each two hundred fifty square foot of gross floor area; (B) Professional offices—one space for each three hundred square feet of gross floor area; (€) Medical or dental offices or clinics—one space for each two hundred square feet of gross floor area; (D) Professional offices, except for banks and financial institutions, which arc located within tho village redevelopment zone or within a three hundred foot radius of the village redevelopment zono— one space for each four hundred square feet of gross floor area; (6) Tho planning commission may allow up to twenty'five percent of the total required parking spaces to be reduced in size to accommodate compact cars. 28 ATTACHMENT 4 AMENDMENTS TO CHAPTER 21.28 List of Sections in Chapter 21.28| The list of sections in Chapter 21.28 (C-2 General Commercial Zone) is proposed to be amended by the deletion of the reference to 21.28.012: 21.28.012 Incidental outdoor dining areas permitted by administrative permit. 21.28.010 The legend of Table A of Section 21.28.010 (C-2 General Commercial Zone, Permitted uses) is proposed to be amended as follows: 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. (See note 1 below) "CUP" indicates use is permitted with approval of a conditional use permit. (See note 1 below) 1 = Administrative hearing process. 2 = Planning commission hearing process. 3 = City council hearing process. "Ace" indicates use is permitted as an accessory use. 21.28.010 Table A of Section 21.28.010 (C-2 General Commercial Zone, Permitted uses) is proposed to be amended by the addition of the following use: Use Outdoor dining (incidental) (subject to Section 21.26.013) P CUP Ace X 21.28.010 The footnotes of Table A of Section 21.28.010 (C-2 General Commercial Zone, Permitted uses) are proposed to be amended as follows: Notes: 1. Any use meeting the definition of an entertainment establishment, as defined in Section 8.09.020 of the Carlsbad Municipal Code (CMC), shall be subject to the requirements of CMC Chapter 8.09. 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 opon. 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 29 ATTACHMENT 4 manufacturing, processing and treatment of products 3^ Storage shall be limited to accessory' storage of commodities sold at retail on the premises. 21.28.012 Section 21.28.012 (C-2 General Commercial Zone, Incidental outdoor dining areas permitted by administrative permit) is proposed to be deleted: 21.28.012 Incidental outdoor dining areas permitted by administrative permit. Subject to the development standards set forth in Section 21.26.013(c), an incidental outdoor dining area may be approved by administrative permit pursuant to Section 21.26.Q13(a). 30 ATTACHMENT 4 AMENDMENTS TO CHAPTER 21.30 | List of Sections in Chapter 21 J0| The list of sections in Chapter 21.30 (C-M Heavy Commercial - Limited Industrial Zone) is proposed to be amended by the deletion of the reference to 21.30.015: 21.30.015 Incidental outdoor dining areas permitted by administrative permit. 21.30.010 The legend of Table A of Section 21.30.010 (C-M Heavy Commercial - Limited Industrial Zone, Permitted uses) is proposed to be amended as follows: 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. (See notes 2 below) "CUP" indicates use is permitted with approval of a conditional use permit. (See notes 2 below) 1 = Administrative hearing process. 2 = Planning commission hearing process. 3 = City council hearing process. "Ace" indicates use is permitted as an accessory use. 21.30.010 Table A of Section 21.30.010 (C-M Heavy Commercial - Limited Industrial Zone, Permitted uses) is proposed to be amended by the addition of the following use: Use Outdoor dining (incidental) (subject to Section 21.26.013) P CUP Ace X 21.30.010 The footnotes of Table A of Section 21.30.010 (C-M Heavy Commercial - Limited Industrial Zone, Permitted uses) are proposed to be amended as follows: 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. 2. Any use meeting the definition of an entertainment establishment, as defined in Section 31 ATTACHMENT 4 8.09.020 of the Carlsbad Municipal Code (CMC) shall be subject to the requirements of CMC Chapter 8.09. 21.30.015 Section 21.30.015 (C-M Heavy Commercial - Limited Industrial Zone, Incidental outdoor dining areas permitted by administrative permit) is proposed to be deleted as follows: 21.30.015 Incidental outdoor dining areas permitted by administrative permit. Subject to tho development standards set forth in Section 21.26.013(c), an incidental outdoor dining area may bo approved by administrative permit pursuant to Section 21.26.Q13(a). 32 ATTACHMENT 4 AMENDMENTS TO CHAPTER 21.31 21.31.030 The legend of Table A of Section 21.31.030 (C-L Local Shopping Center Zone, Permitted uses) is proposed to be amended as follows: Table A Uses Permitted in the C-L Zone In the table, below, subject to all applicable permitting and development requirements of the municipal code: "P" indicates the use is permitted. (See note 5 below) "CUP" indicates that the use is permitted with approval of a conditional use permit. (See note 5 below) 1 = Administrative hearing process. 2 = Planning commission hearing process. 3 = City council hearing process. "Ace" indicates the use is permitted as an accessory use. 21.31.030 Table A of Section 21.31.030 (C-L Local Shopping Center Zone, Permitted uses) is proposed to be amended by the amendment of the following use: "Outdoor dining (incidental) (subject to Section 21.26.013)". Use Outdoor dining (incidental) (subject to Section 21 .26.013) (defined: Section 21.04.290.1) P CUP Ace X 21.31.030 The footnotes of Table A of Section 21.31.030 (C-L Local Shopping Center Zone, Permitted uses) are proposed to be amended as follows: Notes: 1. Accessory buildings and structures and ancillary uses shall be developed as an integral part of a permitted use within or on the same structure or parcel of land. 2. Educational facilities, other/schools. No individual educational facility school shall occupy more than ten thousand square feet of gross leaseable floor area within any local shopping center. 3. Offices. The total floor area of an office uses shall not exceed forty percent of the gross leaseable floor area within any local shopping center. 4. Retail sales may also include those types of goods and services that are typically offered by "community" retail establishments^. Wwhen "community" retail establishments are included in a the local shopping center, they shall be subject to the following: 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. 33 ATTACHMENT 4 5. Any use meeting the definition of an entertainment establishment, as defined in Section 8.09.020 of the Carlsbad Municipal Code (CMC), shall be subject to the requirements of CMC Chapter 8.09. 34 ATTACHMENT 4 AMENDMENTS TO CHAPTER 21*32 | List of Sections in Chapter 21.32| The list of sections in Chapter 21.32 (M Industrial 2'one) is proposed to be amended by the deletion of the reference to 21.32.015: 21.32.015 Incidental outdoor dining aroas permitted by administrative permit. 21.32.010 That the legend of Table A of Section 21.32.010 (M Industrial Zone, Permitted uses) is proposed to be amended as follows: 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. (See note 1 below) "CUP" indicates use is permitted with approval of a conditional use permit. (See note 1 below) 1 = Administrative hearing process. 2 = Planning commission hearing process. 3 = City council hearing process. "Ace" indicates use is permitted as an accessory use. 21.32.010 That Table A of Section 21.32.010 (M Industrial Zone, Permitted uses) is proposed to be amended by the addition of the following use: Use Any use permitted in the C-M zone is permitted in the M zone, except child day care centers P X CUP Ace 21.32.010 That Table A of Section 21.32.010 (M Industrial Zone, Permitted uses) is proposed to be amended by the addition of the following use: Use Outdoor dining (incidental) (subject to Section 21.26.013) (defined: Section 21.04.290.1) P CUP Ace X 35 ATTACHMENT 4 21.32.010 That the footnotes of Table A of Section 21.32.010 (M Industrial Zone, Permitted uses) are proposed to be amended as follows: Notes: L Any use meeting the definition of an entertainment establishment, as defined in Section 8.09.020 of the Carlsbad Municipal Code (CMC), shall be subject to the requirements of CMC Chapter 8.09. -k Any use permitted in the C M zone, except child day caro centers, except that a dwelling conforming to the yard requirements of the R 3 zone shall be permitted on tho 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. 21.32.015l Section 21.32.015 (M Industrial Zone, Incidental outdoor dining areas permitted by administrative permit) is proposed to be deleted as follows: 21.32.015 Incidental outdoor dining areas permitted by administrative permit. Subject to tho development standards set forth in Section 21.26.013(c) an incidental outdoor dining area may be approved by administrative permit pursuant to Section 21.26.013(a). 36 ATTACHMENT 4 AMENDMENTS TO CHAPTER 21.33 21.33.020 The legend of Table A of Section 21.33.020 (O-S Open Space Zone, Permitted Uses) is proposed to be amended as follows: 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. (See note 1 below) "CUP" indicates use is permitted with approval of a conditional use permit. (See note 1 below) 1 = Administrative hearing process. 2 = Planning commission hearing process. 3 = City council hearing process. "Ace" indicates use is permitted as an accessory use. 21.33.020 Table A of Section 21.33.020 (O-S Open Space Zone, Permitted Uses) is proposed to be amended by the addition of the following footnote: Note: L Any use meeting the definition of an entertainment establishment, as defined in Section 8.09.020 of the Carlsbad Municipal Code (CMC), shall be subject to the requirements of CMC Chapter 8.09. 37 ATTACHMENT 4 AMENDMENTS TO CHAPTER 21.34 I List of Sections in Chapter 21.34| The list of sections in Chapter 21.34 (Planned Industrial Zone) is proposed to be amended by the deletion of the reference to 21.34.035: 21.34.035 Incidental outdoor dining areas permitted by administrative permit. 21.34.020l The legend of Table A of Section 21.34.020 (P-M Planned Industrial Zone, Permitted Uses) is proposed to be amended as follows: 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. (See note 2 below) "CUP" indicates use is permitted with approval of a conditional use permit. (See note 2 below) 1 = Administrative hearing process. 2 = Planning commission hearing process. 3 = City council hearing process. "Ace" indicates use is permitted as an accessory use. 21.34.020 Table A of Section 21.34.020 (P-M Planned Industrial Zone, Permitted Uses) is proposed to be amended by the addition of the following footnote: 2. Any use meeting the definition of an entertainment establishment, as defined in Section 8.09.020 of the Carlsbad Municipal Code (CMC), shall be subject to the requirements of CMC Chapter 8.09. 21.34.035 Section 21.34.035 (P-M Planned Industrial Zone, Incidental outdoor dining areas permitted by administrative permit) is proposed to be deleted as follows: 21.3-1.035 Incidental outdoor dining areaa permitted by administrative permit. Subject to the development standards set forth in Section 21.26.013(c) an incidental outdoor dining aroa may be approved by administrative permit pursuant to Section 21.26.013(a). 38 ATTACHMENT 4 AMENDMENTS TO CHAPTER 21.36 21.36.020 Table A of Section 21.36.020 (P-U Public Utility zone, Permitted Uses) is proposed to be amended as follows: 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. (See note 1 below) "CUP" indicates use is permitted with approval of a conditional use permit. (See note 1 below) 1 = Administrative hearing process. 2 = Planning commission hearing process. 3 = City council hearing process. "Ace" indicates use is permitted as an accessory use. Use Accessory uses and structures Agricultural farm worker housing (temporary) (subject to Section 21.42.140(8X2)) Airports Alcoholic treatment centers Aquaculture (defined: Section 21.04.036) Aquaculture stands (display/sale) (subject to Section 21.42.140(8X10)) Biological habitat preserve (subject to Section 21.42.140(B)(30)) (defined: Section 21.04.048) Campsites (overnight) (subject to Section 21.42.140(B)(40)) Cemeteries Columbariums, crematories, and mausoleums (not within a cemetery) Crop production Energy transmission facilities, including rights-of-way and pressure control or booster stations for gasoline, electricity, natural gas, synthetic natural gas, oil or other forms of energy sources Fairgrounds Floriculture Generation and transmission of electrical energy P X- X X X X X CUP 3 3 2 2 2 2 2 3 2 3 Ace X 39 ATTACHMENT 4 Use Golf courses Governmental maintenance and service facilities Greenhouses (2,000 square feet maximum) Greenhouses >2,000 square feet (subject to Section 21.42.140(B)(70)) Hazardous waste facility (subject to Section 21.42.140(B)(75)) (defined: Section 21.04.167) Hospitals (defined: Section 21.04.170) Hospitals (mental) (defined: Section 21.04.175) Mobile buildings (subject to Section 21.42.140(B)(90)) (defined: Section 2 1.04.265) Nursery crop production Packing/sorting sheds >600 square feet (subject to Section 21.42.140(8X70)) Pasture and range land Petroleum products pipeline booster stations Processing, using and storage of: (a) natural gas, (b) liquid natural gas, (c) domestic and agricultural water supplies; Public utility district maintenance, storage and operating facilities Radio/television/microwave/broadcast station/tower Recreation facilities Recreational facilities (public or private, passive or active) Recycling collection facilities, large (subject to Chapter 21.105 of this title) (defined: Section 21.105.015) Recycling collection facilities, small (subject to Chapter 21.105 of this title) (defined: Section 21.105.015) Recycling process/transfer facility Satellite television antennae (subject to the provisions of Section 21. 53. 130 of this code) Signs, subject to the provisions of Chapter 21.41 Stadiums Transit passenger terminals (bus and train) Tree farms Truck farms Using and storage of fuel oils Wastewater treatment, disposal or reclamation facilities Windmills (exceeding height limit of zone) (subject to Section 21.42.140(8X160)) Wireless communications facilities (subject to Section 2 1 .42. 1 40(B)( 1 65)) (defined: Section 2 1 .04.379) Zoos (private) (subject to Section 2 1.42.140(8)0 70)) (defined: Section 2 1.04.400) P X X X X X X X X X X X X X X CUP 2 1 3 2 2 2 1 2 2 2 1 2 3 2 2 1 12 2 Ace Note: L Any use meeting the definition of an entertainment establishment, as defined in Section 8.09.020 of the Carlsbad Municipal Code (CMC), shall be subject to the requirements of CMC Chapter 8.09. -h Providing there shall not bo permitted any use which creates noxious gas or odor, excessive sound vibration or significant atmospheric pollution. 40 ATTACHMENT 4 AMENDMENTS TO CHAPTER 21.3 7 21.37.020 The legend of Table A of Section 21.37.020 (RMHP Residential Mobile Home Park Zone, Permitted Uses) is proposed to be amended as follows: 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. (See note 4 below) "CUP" indicates use is permitted with approval of a conditional use permit. (See note 4 below) 1 = Administrative hearing process. 2 = Planning commission hearing process. 3 = City council hearing process. "Ace" indicates use is permitted as an accessory use. 21,37.020 Table A of Section 21.37.020 (RMHP Residential Mobile Home Park Zone, Permitted Uses) is proposed to be amended by the addition of the following footnote: 4. Any use meeting the definition of an entertainment establishment, as defined in Section 8.09.020 of the Carlsbad Municipal Code (CMC), shall be subject to the requirements of CMC Chapter 8.09. 21.37.100 Section 21.37.100.A. 17 (RMHP Residential Mobile Home Park Zone, Development Standards) is proposed to be amended as follows: 17. Parking shall be provided subject to the provisions of Chapter 21.44 of this title. Each mobile home site shall include a paved aroa suitable for providing automobile shelter with space for at least two automobiles. Recreation and laundry areas combined shall have sufficient parking facilities to accommodate ono automobile for every Five mobile homo sites up to Fifty lots and one space for each ten lots thereafter; 21.37.100l Section 21.37.100.A.19 (RMHP Residential Mobile Home Park Zone, Development Standards) is proposed to be amended as follows: 19. Reserved Visitor parking shall bo provided at a ratio of one space per four mobile home units. On street parking may be counted towards meeting this requirement; 41 ATTACHMENT 4 AMENDMENTS TO CHAPTER 21.38 21.38.030 Sections 21.38.030 (P-C Planned Community Zone, General provisions) is proposed to be amended as follows: 21.38.030 General provisions. (a) The P-C zone may be established on parcels of land which are suitable for and of sufficient size to be planned and developed in a manner consistent with the purposes and objectives of this chapter. No P-C zone shall include less than one hundred acres of contiguous land. (b) All land in each proposed planned community shall be held in one ownership or shall be under unified control unless otherwise authorized by the city council. For the purposes of this section, the written agreement of all owners in the planned community to develop in accord with the master plan as approved indicates unified control. (e) An owner may transfer sections of the development. The transferee shall be required to use the property in accord with the approved master plan. (d)£b) A planned community shall be subject to all other applicable provisions of Title 20, Subdivisions, and Title 21, Zoning, of this code. Where a conflict in regulation occurs, the regulations specified in this chapter or the approved master plan shall control. 42 ATTACHMENT 4 AMENDMENTS TO CHAPTER 21.44 I List of Sections in Chapter 21.44 The list of sections in Chapter 21.44 (Parking) is proposed to be amended as follows: Sections: 21.44.010 Required off-street parking. 21.44.020 Off-street parking spaces required. 21.44.030 Parking requirements for uses not specified. 21.44.040 Waiver or modification of parking standards may—be—waived—by—planning commission. 21.44.050 General requirements. 21.44.060 Off-street parking-Residential zones. 21.44.070 Comprehensive planned facilities. 21.44.080 Joint use of off-street parking facilities. 21.44.090 Common parking facilities. 21.44.100 Parking area plan. 21.44,020 Section 21.44.020 (Parking, Off-street parking spaces required) is proposed to be amended as follows: 21.44.020 Off-street parking spaces required. A. The number of off-street parking spaces required for the uses or structures designated in this section shall be no less than as set forth in Table A, below. B. In the case of multiple uses in a building or on a lot, the total requirements for off-street parking facilities shall be the sum of the requirements for the various uses computed separately, except as otherwise noted. Off-street parking facilities for one use shall not be considered as providing required parking facilities for any other use except as specified in Section 21.44.080 for joint use. Table A - Number of Off-Street Parking Spaces Required USE Residential Uses One-family dwellings Two-family dwellings (apartments only), for condominium projects see "planned developments" Multiple-family dwellings (apartments only), for condominium projects see "planned developments" NUMBER OF OFF-STREET PARKING SPACES Two spaces per unit, provided as either: a two-car garage (minimum interior 20 feet x 20 feet); or two separate one-car garages (minimum interior 12 feet x 20 feet each) Same as required for one-family dwellings Visitor parking Studio and one- bedroom units Units with two or more bedrooms Same as required for multiple-family dwelling visitor parking. 1 .5 spaces/unit, one of which must be covered 2 spaces/unit, one of which must be covered 43 ATTACHMENT 4 Table A - Number of Off-Street Parking Spaces Required USE Residential Uses Cont'd. Commercial, Industrial, and Other Non- Residential Uses Second dwelling units Planned Developments Fraternities Mobile Home Parks Residential Care Facilities Rooming House Housing for senior citizens Time-share projects Bed and Breakfast Uses Bowling Alleys Car Rental Agencies Child Day Care Center Delicatessen Driving Ranges Educational Facilities, other Educational institution or school NUMBER OF OFF-STREET PARKING SPACES Projects with 10 A .30 space per each units or fewer unit. , ,. ., , . Projects with 11 A .25 space per eachVisitor parking . . ^ ^units or more unit. Visitor parking may be covered or uncovered. 1 space (covered or uncovered), in addition to the parking required for the primary use (single, one-family dwelling). The additional parking space may be provided through tandem parking (provided that the one-family dwelling garage is accessed by a driveway with a minimum depth of 20 feet), or within the front yard setback. See Chapter 2 1.45. 1 .25 spaces for each sleeping room 1 visitor parkins space for every 4 units. On-street parkins may be counted towards meeting the visitor parking requirement. Recreation and laundry areas combined shall have sufficient parking facilities to accommodate one automobile for every five mobile home sites up to fifty lots and one space for each ten lots thereafter. 2 spaces, plus 1 space/three beds 1 space for each sleeping room 1.5 covered spaces per unit, plus 1 covered space for an onsite manager's unit (when provided), and 1 visitor parking space per every five units, subject to approval of a site development plan. 1 .2 spaces per unit 2 spaces, one of which must be covered for the owner's unit, plus 1 space for each guest room. 6 per alley 1 space/250 square feet of gross floor area for the car rental office space and customer waiting area. Adequate rental car fleet parking shall be addressed through a fleet parking plan that shall be reviewed and approved by the Planning Director. 1 space/employee plus 1 space for each 10 children 1 space/250 square feet of gross floor area 1 space/tee plus required parking for accessory uses 1 space/200 square feet of gross floor area 1 space/employee plus 1 „ „ , , _T . space for each 10 students.ri'escnools/ INurseries .'"," . ,.willi an adequate loading and unloading area 1 space/employee, with an Elementary Schools adequate loading and unloading area 44 ATTACHMENT 4 Table A - Number of Off-Street Parking Spaces Required USE Commercial, Industrial, and Other Non- Residential Uses Cont'd. Educational institution or school Financial Institutions and Professional Offices Financial Institutions and Professional Offices, cont. Furniture and Appliance Sales Golf Courses Gyms and Health Spas Hospitals Hotels and Motels Industrial building ("spec" - no specific uses identified) Libraries Library Substations Manufacturing Mortuaries Motor Vehicle Uses Museums Personal and Professional Services 3 Professional Care Facilities Public Assembly NUMBER OF OFF-STREET PARKING SPACES High Schools Colleges Medical Office Financial Institutions Other office uses 1 space/emplovee plus 1 space for each 10 students. with an adequate loading and unloading area 1 space/emplovee plus 1 space for each 3 students, with an adequate loading and unloading area 1 space/200 square feet of gross floor area space/250 square feet of gross floor area 1 space/250 square feet of gross floor area Office uses in the village review , ,„„„ „ . within 300 feet of its boundar i suace/juu suuaie leeireas c ^ „ ^or gross floor area 1 space/600 square feet of gross floor area 6 spaces/hole plus required parking for accessory uses. 1 space/200 square feet of gross floor area 3 spaces per bed, or 1/200 square feet of gross floor area, whichever is greater. 1 .2 spaces per unit 1 space/250 square feet of gross floor area ' 1 space/200 square feet of gross floor area 1 space/250 square feet of gross floor area 1 space/400 square feet of gross floor area, plus 1 space for each vehicle used in conjunction with the use 1 space/50 square feet of assembly area Gas 1 space/300 square feet of gross floor area, Stations excluding work repair. bavs associated with vehicle Gas stations that include motor vehicle repair services shall provide additional parking as required for motor vehicle "repair" uses. Sales 1 space/400 square feet of gross floor area 4 spaces for every work bay (up through three R . work bays), plus 2 spaces per bay in excess of three bays. Work bays do not count as parking spaces. 1 space/500 square feet of gross floor area 1 space/300 square feet of gross floor area .45 parking spaces per every bed 1 space/5 seats, or 1 space/100 square feet of assembly area, whichever is greater 45 ATTACHMENT 4 Table A - Number of Off-Street Parking Spaces Required USE Commercial, Industrial, and Other Non- Residential Uses Cont'd. Recreational Vehicle Storage Areas Recycling Facilities Research and Development (R&D) Restaurants Retail Uses «-. Visitor/Information Center Theaters Warehouse NUMBER OF OFF-STREET PARKING SPACES 1 space for every 1 0,000 square feet of storage area, with a minimum of 3 spaces. 1 space per employee plus 1 space for each commercial vehicle of the recycling facility; and Space for a minimum of 6 vehicles or the anticipated peak hourly customer load, whichever is greater, as determined by the planning director. 1 space/250 square feet of gross floor area Bio industrial R&D - 1 space/300 square feet of gross floor area Less than 4,000 square feet in size 4,000 square feet or greater Individual Shopping Center Elementary' Colleges, Vocational 1 space/100 square feet of gross floor area 40 spaces plus 1 space/50 square feet of gross floor area in excess of 4,000 square feet. 1 space/300 square feet of gross floor area. 1 space/200 square feet of gross floor area unloading area and unloading area unloading area unloading area One space/four hundred square feet of gross floor area 1 space/5 seats 1 space/1,000 square feet of gross floor area, plus 1 space for each vehicle used in conjunction with the use ' Projects proposing a "spec" industrial building may provide parking at manufacturing or warehouse standards, provided a deed restriction is recorded on the property indicating that these uses on the property will be retained and no other type of use creating a need for additional parking will be permitted, unless more parking area is provided to meet city parking standards. 2 Uses permitted in the underlying zone may be allowed in under-parked shopping centers without the need to provide additional parking, provided there is no expansion of floor area (this does not apply to conditionally permitted uses). 3 Personal and professional service uses include, but are not limited to, copying/duplicating services, dry cleaners, laundromats, beauty and barber shops, cosmetic services, nail salons, shoe/garment repair, travel agent, etc. 46 ATTACHMENT 4 21.44.030 Section 21.44.030 (Parking, Parking requirements for uses not specified) is proposed to be amended as follows: 21.44.030 Parking requirements for uses not specified. A. Where the parking requirements for a use are not specifically defined herein, the parking requirements for such use shall be determined by the planning director, commission, and sSuch determination shall be based upon the following: JL The parking requirements for the most comparable use specified in this chapter; and/cm 2. A parking study, or other evidence satisfactory to the planning director. 21.44.040 Section 21.44.040 (Parking, Parking provisions may be waived by planning commission) is proposed to be amended as follows: 21.44.040 Waiver or modification of parking standards may be waived by planning commission. A. The planning director may waive or modify the provisions as set forth in this title establishing required parking areas for uses such as electrical power generating plants, electrical transformer stations, utility or corporation storage yards or other uses of a similar or like nature where there are a minimal number of employees/occupants, requiring a very limited number of persons. B. The planning director may modify the required parking standards where it can be demonstrated that adequate parking will be provided and the modification will not adversely affect the neighborhood or the site design and circulation. The modification shall be based on the results of a parking study prepared by a registered traffic engineer or other qualified parking consultant, or other evidence satisfactory to the planning director. 47 ATTACHMENT 4 AMENDMENTS TO CHAPTER 21.46 21.46.013 Section 21.46.130 (Yards, Walls, fences or hedges) is proposed to be amended as follows: 21.46.130 Walls, fences or hedges. In any "R" zone, no fence, wall or hedge over forty-two inches in height shall be permitted in any required front yard setback. In the required side yard or street side of either a corner lot or reversed corner lot, a six-foot high fence may be permitted when approved by the planning director when the safety and welfare of the general public are not imposed upon. The issuing of a permit upon the approval of the planning director shall be subject to special conditions which may vary due to the topography, building placement and vehicular or pedestrian traffic. On an interior lot, a wall or fence not more than six feet in height may be located anywhere to the rear of the required front yard. In any "R" zone, any fence that exceeds six feet in height, for special uses or under special circumstances, shall bo granted by the planning commission and subject to the conditions imposed by this commission. 48 ATTACHMENT 4 AMENDMENTS TO CHAPTER 21.47 I List of Sections in Chapter 21.47[ The list of sections in Chapter 21.47 (Nonresidential Planned Developments) is proposed to be amended by the deletion of the reference to 21.47.170: 21.47.170 Restriction on reapplication for a nonresidential planned development permit. 21.47.020 Section 21.47.020 (Nonresidential Planned Developments, Nonresidential planned development permit) is proposed to be amended as follows: 21.47.020 Nonresidential planned development permit. The city council, planning commission or planning director, as provided in this chapter, may approve a permit for a nonresidential planned development in any industrial, commercial or office zone, or combination of zones subject to the requirements thereof except as they may be modified in accord with this chapter. The application for a nonresidential planned development shall state whether the applicant intends to develop the project as a planned unit development, condominium project or stock cooperative project. For purposes of this chapter, a planned unit development is defined by Section 11003 of the Business and Professions Code of the state and a condominium project is defined by Section 1350 1351 of the Civil Code of the state. 21.47.110 Section 21.47.110(d) (Nonresidential Planned Developments, Approval of projects of four units or less by planning director) is proposed to be deleted: (4) The planning director shall make a monthly report to the city council of all nonresidential planned development permits issued pursuant to this section. 21.47.130 Section 21.47.130(a)(2) (Nonresidential Planned Developments, Amendments) is proposed to be amended as follows: (2) If the planning commission considers the amendment minor in nature, the additional graphics, statement or other information may be approved by the planning commission resolution and made part of the original city council approval without the necessity of a public hearing noticed public hearing pursuant to Section 21.54.060; 21.47.130 Section 21.47.130(a)(3) (Nonresidential Planned Developments, Amendments) is proposed to be amended as follows: 49 ATTACHMENT 4 (3) A minor amendment shall not change the densities intensity or the boundaries of the subject property, or involve an addition of a new use or group of uses not shown on the original permit or the rearrangement of uses within the development. If the planning commission determines that the amendment is not minor or that a hearing is otherwise necessary, it shall set the matter for public hearing; 21.47.170l Section 21.47.170 (Nonresidential Planned Developments, Restriction on reapplication for a nonresidential planned development permit) is proposed to be deleted: 21.47.170 Restriction on reapplication for a nonresidontial planned development permit. No application for a nonresidential planned development permit on the same property or essentially the same property for which a permit has been denied by the city council shall bo accepted within twelve months of such denial. This provision may be waived by the affirmative vote of a majority of the city council. 50 ATTACHMENT 4 AMENDMENTS TO CHAPTER 21.50 21.50.0101 Section 21.50.010 (Variances, Variance—Granting authority) is proposed to be amended as follows: 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 grantj 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. 51 ATTACHMENT 4 AMENDMENTS TO CHAPTER 21.52 Chapter 21.52 (Amendments) is proposed to be amended as follows: Chapter 21.52 AMENDMENTS Sections: 21.52.010 21.52.020 21.52.030 21.52.040 21.52.050 01 <p ofio 01 <p 080 01 co 000 71 S9 100 PurposeWhew. Amendment Initiation. Application and fees. AHvgrQfr HfrfiQinn tn ho roftarrtaH tn thp nlnnnino pninmir.r.inn 21.52.110 City council announcement of decision. 21.52.120 Decision of city council to be Final. 21.52.130 Notice of decision of city council. 21.52.140 Review of zone changes. 21.52.150 General plan and LCP amendments^ 21.52.010 When-Purpose. A. The purpose of this chapter is to establish the process and requirements to amend this title, the general plan, and the local coastal program, including amendments to the ^boundaries of fee-land use designations and zones, established by this title, the classification of property uses therein, or other provisions of this title may be amended whenever public necessity, convenience and general welfare require. Within the coastal zone such boundary' changes shall not be effective until approved as a local coastal program amendment. B. The process and requirements established by this chapter regarding amendments to the local coastal program are intended to be consistent with and shall not supersede the requirements of the California Coastal Act. 21.52.020 Amendment Initiation. A. Amendments ef-to_this title, the general plan, or local coastal program may be initiated by: (1). The verified application of one or more owners of property or building proposed to be changed or reclassified; (2). Resolution of intention of the city council; (3). Resolution of intention of the planning commission; (4). The planning director. 21.52.030 Application and fees. A. An application to amend this title, the general plan, or local coastal program shall be made in writing on a form provided by the planning department. The application shall be accompanied by all materials and information required 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. 52 ATTACHMENT 4 C. If the application requests to amend the land use or zone boundaries, designation or classification, or provisions applicable to a specific parcel(s) of land, the application shall be made by the owner of the property or the owner's authorized agent. This paragraph shall not apply to an amendment initiated by the city. Whenever the owner of any land or building desires an amendment, supplement to or change in any of the regulations prescribed for his property, he shall prepare an application requesting such amendment, supplement or change on the prescribed form and forward it with the required fee to the planning director. 2JJ52.040 Authority Planning commission hearing. A. The City Council may, upon the recommendation of the planning commission, approve or deny amendments to this title, the general plan, or local coastal program. B. Amendments to the local coastal program are also subject to approval by the California Coastal Commission. 21.52.050 Decision-making process Commission action—Announcement. A. The planning commission shall consider the application at a public hearing noticed in accordance with chapter 21.54 of this title. L The planning commission shall render its decision in the form of a resolution that includes findings and a written recommendation to the legislative body. Such recommendation shall include the reasons for the recommendation, the relationship of the proposed ordinance or amendment to applicable general and specific plans, and shall be transmitted to the legislative body in such form and manner as may be specified by the legislative body. 2. The adopted planning commission resolution shall be filed with the city clerk and a copy shall be mailed to the applicant. B. Following the planning commission's action to recommend approval or denial of the application, the city council shall consider the application at a public hearing noticed in accordance with chapter 21.54 of this title. L After considering the recommendation of the planning commission, the city council may approve or deny the application to amend Title 21, the general plan, or local coastal program. 2. The city council may approve, modify or disapprove the recommendation of the planning commission; provided that any substantial modification of the proposed ordinance or amendment by the city council not previously considered by the planning commission during its hearing on the matter, shall first be referred to the planning commission for report and recommendation. The planning commission shall not be required to hold a public hearing thereon unless otherwise required by the city council. Failure of the planning commission to report within forty-five (45) calendar days after the referral, or within the time set by the city council, shall be deemed to be approval of the proposed modification. 3. The city council shall announce its decision to approve or deny the application by adoption of: a. An ordinance for amendments to: i. This title. ii. The local coastal program implementation plan. b. A resolution for amendments to: i. The general plan. ii. The local coastal program land use plan. 4. Following the city council decision, the city clerk shall send written notice of the decision to the applicant and anyone who specifically requests to be notified of the decision. C. Within the coastal zone, the city council's approval of an amendment to the local coastal program shall not become effective until the amendment is approved by the California Coastal Commission, pursuant to Section 30514 of the Public Resources Code. 21.52.040 Planning commission hearing. The planning commission shall hold a public hearing on the proposed amendment. Notice of the hearing shall be given pursuant to Section 21.54.060(2) of this code and if the proposed amendment 53 ATTACHMENT 4 affects the permitted uses of specific real property notice shall also be given pursuant to Section 21.51.060(1) of this codo. 21.52.050 Commission action—Announcement. The planning commission shall announce its action by formal resolution not more than Fifteen days following the hearing, and said resolution shall recite, among other things, the facts and reasons which, in the opinion of the commission, make the approval or denial of the application for amendment necessary' to carry out the general purpose of this title, and shall recommend the adoption of the amendment by the city council., or deny the application. 21.52.060 Approval of amendment—Notice; When the commission's action is to recommend the adoption of the amendment, the commission shall, within seven days from the date of such action, notify the applicant by forwarding a copy of the resolution to the applicant at the address shown upon the application, and shall forward to the city council a copy of the resolution, together with the complete File in the case. 21.52.070 Denial of amendment—Notice. When the action of the commission is to deny an application, the commission shall, within seven days from the date of the adoption of its resolution, notify the applicant by forwarding a copy of the resolution to the address shown upon the application 21.52.080 Commission action to be final when denying application. The action of the planning commission in denying an application for amendment shall be final and conclusive unless appealed. The effective date of the decision and method for appeal of such decision shall be governed by Section 21.54.150 of this code. 21.52.090 Public hearing on commission's recommendations on amendments and appeals. Following receipt of the resolution from the planning commission recommending the adoption of the amendment, as provided in this chapter, the city council shall conduct a duly advertised public hearing on the matter, public notice of which shall be given as provided in Section 21.52.010. 21.52.100 Adverse decision to be referred to the planning commission. The city council may approve, disapprove or modify the recommendation of the planning commission, provided that any modification of the proposed ordinance or amendment not previously considered by the planning commission during its hearing shall be referred to the planning commission for further report on the matter. Failure of the planning commission to report to the city council within forty days after reference may be deemed to bo approval by the planning commission of any proposed 21.52.110 City council announcement of decision. The city council shall render its decision as soon as practicable following the termination of proceedings of the hearing or upon the receipt of report from the planning commission when a matter has been referred back to the planning commission. 21.52.120 Decision of city council to be final; The action of the city council (regardless of whether or not it be an approval, reversal, modification, or amendment to the action of the planning commission) on the application for amendment shall be effected by at least three affirmative votes of members of the city council, which action shall bo final and conclusive. 21.52.130 Notice of decision of city council. Not later than seven days following the city council decision, the city clerk shall send written notice of the decision to the applicant at the address shown on the application. The city clerk may then return the complete file to the planning commission. 54 ATTACHMENT 4 21.52.140 Review of zone changes. Zone changes, other than those initiated by the city, shall be reviewed by the planning commission one year after the reclassification has been granted. In those cases where the new zoning has not been utilized within the one year period, the planning commission shall consider whether the property should revert back to its original zone, remain as currently zoned, or be changed to a more appropriate zone. The planning commission may grant one extension not to exceed one year. 21.52.150 General plan and LCP amendments. (a) Amendments to the general plan or to any of the elements thereof shall be processed in accord with this chapter. All provisions of this chapter applicable to the amendment of this title shall also apply to general plan amendments with the exception of the time requirement for planning commission and city council hearings. Planning commission and city council hearings on general plan amendments shall be held at such times as the city council shall by motion establish. (b) Amendments to the certified local coastal program shall be processed according to Section 305 H of the Public Resources Code. 55 ATTACHMENT 4 AMENDMENTS TO CHAPTER 21.53 List of Sections in Chapter 21.53 The list of sections in Chapter 21.53 (Uses Generally) is proposed to be amended as follows: Sections: 21.53.010 All zones subject to this chapter. 21.53.015 Voter authorization required for airport expansion. 21.53.020 Limitation of land use-Sewer availability. 21.53.030 Limitation on issuance of building permit. 21.53.040 Clarification of ambiguity. 21.53.050 Use control in reclassified precise plan. 21.53.060 Indicated potential classifications. 21.53.070 Translating potential classifications to permissible use. 21.53.080 Public utilities. 21.53.084 Keeping of dogs, cats and household pets. 21.53.085 Wild animals. 21.53.090 Temporary real estate office. 21.53.100 Reserved Temporary real estate signs. 21.53.110 Temporary construction buildings. 21.53.120 Affordable housing multi-family residential projects-Site development plan required. 21.53.130 Satellite television antenna-Purpose. 21.53.140 Satellite television antenna—Generally. 21.53.150 Satellite television antenna—Waiver or modification of Variance to standards. 21.53.230 Residential density calculations, residential development restrictions on open space and environmentally sensitive lands. 21.53.240 Nonresidential development restrictions on open space and environmentally sensitive lands. 21.53.250 On-shore oil and gas facilities. 21.53.100 Section 21.53.100 (Uses Generally, Temporary real estate signs) is proposed to be amended as follows: 21.53.100 Reserved Temporary' real estate signs. In any newly created subdivision, the subdivider or his assignee may maintain two temporary' real estate billboards, not to exceed fifty square feet in area per face, or one billboard not to exceed in aroa of one hundred square feot per face, for the purpose of selling lots in the subdivision only. Such use shall cease no later than one year from the date of the recording of the final subdivision map of said subdivision, unless the planning commission, for good cause shown, shall allow a longer period of time, up to one year per application therefore, for such use. Tho procedure for applying for such a longer period of time for such use and for appealing from a decision of the planning commission on such an application shall be the- same as that for a variance under Chapters 21.50 and 21.54. 21.53.150 Section 21.53.150 (Uses Generally, Satellite television antenna—Variance to standards) is proposed to be amended as follows: 56 ATTACHMENT 4 21.53.150 Satellite television antenna—Waiver or modification of Variance to standards. If, after application of the standards set forth in Section 21.53.140, a satellite antenna cannot be physically located on the applicant's property or v/ould result in the imposition of unreasonable costs considering the purchase and installation of the equipment, then the planning director shall waive or modify the standard(s) grant a variance to these standards, but only to the extent necessary to allow the installation of one satellite television antenna to be located on the applicant's property in such a place and manner as to present the least impact on aesthetics from the neighboring properties, neighborhood and public taking into account all the remaining health, safety or aesthetic regulations set forth in that section. 57 ATTACHMENT 4 AMENDMENTS TO CHAPTER 21.54 21.54,064 Section 21.54.064(a) (Procedures, Hearings Notices and Fees, Applicant's responsibilities) is proposed to be amended as follows: (a) The applicant for any action requiring a noticed public hearing shall provide the city with a list of persons or entities to whom notice must be given and the addresses of such persons. The applicant shall also provide stamped, addressed envelopes for mailing notice. The list and the envelopes, if required, shall be provided to the city not more than forty-five nor less than thirty days prior to the time the matter is scheduled for hearing. If the number of persons to whom notice would be mailed exceeds one thousand the applicant may, in lieu of providing the stamped, addressed envelopes, provide an appropriate display advertisement. The applicant shall verify the accuracy of the list and the addresses. The secretary of the planning commission planning director or the city clerk shall be responsible for informing the applicant of the date a matter is scheduled for hearing. 21.54,140 Sections 21.54.140(b) and 21.54.140(c) (Procedures, Hearings Notices and Fees, Effective date of order- Appeal of planning director or housing and redevelopment director decisions) are proposed to be amended as follows: (b) Whenever the planning director is authorized, pursuant to this title or Title 19, to make a decision or determination, such decision or determination is final and effective when the planning director's written determination is mailed or otherwise delivered to the person(s) affected by the determination, whichever time is least restrictive. Within ten calendar days of the date that a decision or determination becomes final, a written appeal may be filed with the secretary of the planning commission planning director by an interested person. An individual member of the city council can be an interested person for purposes of the appeal. Filing of such an appeal within such time limits shall stay the effect of the decision or determination of the planning director until such time as the planning commission has acted on the appeal. The appeal shall specifically state the reason or reasons for the appeal. The burden of proof is on the appellant to establish by substantial evidence that the grounds for the requested action exist. Grounds for appeal shall be limited to the following: that there was an error or abuse of discretion on the part of the planning director in that the decision was not supported by the facts presented to the planning director prior to the decision being appealed; or that there was not a fair and impartial hearing. Fees for filing an appeal under this section shall be established by resolution of the city council. (c) Upon the filing of an appeal, the secretary of the planning commission planning director shall schedule the appeal for hearing before the planning commission as soon as practicable. An appeal shall be heard and noticed in the same manner as was required of the determination or decision being appealed. The hearing before the planning commission is de novo, but t The appeal hearing before the planning commission is de novo. however the planning commission shall consider only the evidence presented to the planning director for consideration in the determination or decision being appealed. The planning commission shall determine all matters not specified in the appeal have been found by the planning director and are supported by substantial evidence. The planning commission shall consider the recommendations of the planning department, the decision of tho planning director and all other relevant documentary and oral evidence as presented at the hearing. The planning commission may affirm, modify, or reverse the decision of the planning director, and make such order supported by substantial evidence as it deems appropriate, including remand to the planning director with directions for 58 ATTACHMENT 4 further proceedings. The planning commission action on an appeal shall be final unless appealed to the city council, pursuant to the provisions of Section 21.54.150. 21.54.150 Sections 21.54.150(b) and 21.54.150(c) (Procedures, Hearings Notices and Fees, Effective date of order - Appeal of planning commission or design review board decisions) are proposed to be amended as follows: (b) Whenever the planning commission is authorized pursuant to this title or Title 19 to make a decision or determination, such decision or determination is final and effective upon the adoption of the resolution or decision. Within ten calendar days of the date that a decision or determination becomes final, a written appeal may be filed with the city clerk. An individual member of the city council can be an interested person for purposes of the appeal. Filing of such an appeal within such time limits shall stay the effect of the decision or determination of the planning commission until such time as the city council has acted on the appeal as set forth in this title. The appeal shall specifically state the reason or reasons for the appeal. The burden of proof is on the appellant to establish by substantial evidence that the grounds for the decision or determination exist. Grounds for appeal shall be limited to the following: that there was an error or abuse of discretion on the part of the planning commission in that the decision was not supported by the facts presented to the planning commission prior to the decision being appealed; or that there was not a fair and impartial hearing. Fees for filing an appeal under this section shall be established by resolution of the city council. (c) Upon the filing of an appeal, the city clerk shall schedule the appeal for hearing before the city council as soon as practicable. An appeal shall be heard and noticed in the same manner as was required of the determination or decision being appealed. The hearing before the city council is de novo, The appeal hearing before the city council is de novo; however, the city council shall consider only the evidence presented to the planning commission for consideration in the determination or decision being appealed. The city council shall determine all matters not specified in the appeal have been found by the planning commission and are supported by substantial evidence. The city council shall consider the recommendations of the planning department, the decision of the planning and all other relevant documentary and oral evidence as presented at the hearing. The city council may affirm, modify, or reverse the action of the planning commission, and make such order supported by substantial evidence as it deems appropriate, including remand to the planning commission with directions for further proceedings. Any action by the city council shall be final and conclusive; provided, however, that any action reversing the decision of the planning commission shall be by the affirmative vote of at least three members of the city council. 59 ATTACHMENT 4 AMENDMENTS TO CHAPTER 21.55 21.55.020 Section 21.55.020 (Dedication of Land and Fees for School Facilities, Authority - Conflict) is proposed to be amended as follows: 21.55.020 Authority—Conflict. This chapter is adopted pursuant to the provisions of Chapter ^.l (commencing with Section 65970) of Division 1 of Title 7 Section 66478 of the California Government Code. In the case of any conflict between the provisions of this chapter, and those of the California Government Code Chapter 4r7, the latter shall prevail. 60 ATTACHMENT 4 AMENDMENTS TO CHAPTER 21.58 Chapter 21.58 (Revocation—Expiration) is proposed to be amended as follows: Chapter 21.58 VIOLATION-REVOCATION-EXPIRATION Sections: 21.58.010 Notice of violation for non-compliance with conditions 21.58.04-20 Revocation of permits or variance. 21.58.0230 Expiration period. 21.58.010 Notice of Violation for non-compliance with conditions (a) Failure to comply with the conditions of approval for any discretionary or ministerial permit is unlawful. Whenever the city has knowledge that conditions of approval of any permit or discretionary action issued pursuant to this title have not been complied with, the city shall mail by certified mail a notice of intention to record a notice of violation to the property owner and the permitee. The notice of intention to record a notice of violation shall: (1) Describe the conditions of development in detail, naming the per mi tecs and owners of the property, (2) Describe the violation (specifying which condition(s) have not been satisfied), (3) State that an opportunity will be given to the property owner and/or permitee to present evidence why such notice should not be recorded, and (4) Specify a place, time, and date, which is not less than thirty days and not more than sixty days from the date of mailing at which the owner may present evidence to the city. (b) If, after the owner and/or permitee has presented evidence, the city determines that there has been no violation, the city shall mail a clearance letter to the owner and permitee. (c) If, however, after the owner and/or permitee has presented evidence, the city determines that the owner and/or permitee has in fact not complied with conditions of the subject approval or discretionary action, or if within fifteen days of receipt of a copy of such notice the owner and/or permitee of such real property fails to inform the city of his or her objection to recording the notice of violation, the city shall record the notice of violation with the county recorder. (d) The notice of violation, when recorded, shall be deemed to be constructive notice of the violation to all successors in interest in such real property. 21.58. 04-20 Revocation of permits or variance. (a) The decision-making body who issued a permit pursuant to this title may revoke or modify said permit or variance; except those permits or variances issued by the planning director, in which case the planning commission, may revoke or modify said permit or variance. The revocation hearing shall be noticed consistent with Section 21.54.060, and the revocation shall be based, after a public hearing noticed consistent with Section 21.54.060 held in the manner prescribed in Chapter 21.50 governing variances and conditional use permits, revoke or modify any permit or variance issued on any- one or more of the following grounds: (1) That the approval was obtained by fraud; (2) That the use for which such approval is granted is not being exercised; (3) That the use for which such approval was granted has ceased to exist or has been suspended for one year or more; (4) That the permit or variance granted is being, or recently has been, exercised contrary to the terms or conditions of such approval, or in violation of any statute, ordinance, law or regulation; 61 ATTACHMENT 4 (5) That the use for which the approval was granted was so exercised as to be detrimental to the public health or safety, or so as to constitute a nuisance. 21.58. 0230 Expiration period. (a) Any conditional use permit or variance or other development permit or approval granted pursuant to this title becomes null and void if not exercised within the time period specified in the approval letter or resolution granting the application or, if no time period is specified, within eighteen months of the date of approval. (b) Unless an earlier expiration date appears on the face of the permit any development permit which is issued in conjunction with tentative subdivision map for a planned unit development as defined by Section 11003 of the State Business and Professions Code shall expire no sooner than the approved tentative map or any extension thereof whichever occurs later. Local coastal development permits issued in conjunction with a tentative subdivision map for a planned unit development shall expire no sooner than the approved tentative map and shall be in accordance with the applicable local coastal program which is in effect at the time of the application for extension. 62 ATTACHMENT 4 AMENDMENTS TO CHAPTER 21.62 List of Sections in Chapter 21.62J The list of sections in Chapter 21.62 (Violations) is proposed to be amended as follows: Sections: 21.62.010 Violation—Penalty. 21.62.020 Violation—Remedies. 21.62.020 Section 21.62.020 is proposed to be added to Chapter 21.62 (Violations) as follows: 21.62.020 Violation—Remedies. The city retains the right to enforce any remedy for violations in accordance with Chapters 1.08 and 1.10 of the Carlsbad Municipal Code, including but not limited to recording a notice of violation. 63 ATTACHMENT 4 AMENDMENTS TO CHAPTER 21.83 21.83.040 Section 21.83.040 (Child Care, Use chart) is proposed to be amended as follows: 21.83.040 Use Chart. The following use chart indicates the zones where Zones with small and large family day care homes and child day care centers are permitted, subject to the requirements of this chapter, shown on the following use chart.—Permitted, administrative, conditional, and prohibited aro authorized as "P" indicates that the use is permitted in the zone. "A" indicates that the use is permitted subject to approval of an administrative permit. "C" indicates that the use is permitted subject to approval of a conditional use permit. "X" indicates that the use is prohibited in the zone. Zoning RA, RE, EA R-l R-2 R-3, RD-M, RP RT, RW, RMHP O HO C-F C-l,C-2, CL PM, CM M, PU, OS, LC, TC, CT VR, PC Small Family Day Care Home (8 or fewer children) P P P P P X X X X X X (4) Large Family Day Care Home (14 or fewer children) P(l) P(l) P(l) P(l) P(l) X X X X X X (4) Child Day Care Center X X X A(2) X A(2) P(3) A£2) P(3) C X (4) Permitted only when the large family day care home is located on a lot occupied by a detached, single-family dwelling on a lot of 7,500 square feet or more by ministerial approval without a public hearing and subject to the provisions of Section 21.83.050 of this chapter. Permitted subject to the provisions of Sections 21.83.070 and 21.83.080 ofthis chapter. Permitted subject to the provisions of Section 21.83.080 ofthis chapter and the requirements of any controlling document (e.g., site development plan). Permitted subject to the standards of the controlling document (Carlsbad Vvillage redevelopment Mmaster Pplan and Ddesign Manual guidelines or designated master plan) and the provisions of Section 21.83.080 ofthis chapter. 21.83.080 Section 21.83.080.F (Child Care, Development Standards for child day care centers) is proposed to be amended as follows: F.The following parking requirements shall apply: 64 ATTACHMENT 4 !_. Parking shall be provided consistent with the standards specified in Chapter 21.44, unless otherwise specified in this section. Notwithstanding Chapter 21.11 of this title, parking shall bo provided at one space/employee plus one space for each ten children, minimum. Such !_. pParking shall not be located in any required front yard setback. 2. An adequate on-site loading/unloading area shall be provided which can be easily accessed from the child day care center without crossing any driveways or streets. This area may be counted towards the required parking. 3. Clearly designated pedestrian walkways shall be provided. 4-: Up to fifty percent of the parking facilities required by Chapter 21.1-1 of this title for a church may be jointly utilized by an on site, incidental, child day care center provided there is no substantial conflict in the principle operating hours of the buildings or uses for which the- joint use of off street parking facilities is proposed. 65 ATTACHMENT 4 AMENDMENTS TO CHAPTER 21.84 21.84.060l Section 21.84.060.C (Housing for Senior Citizens, Development standards and design criteria) is proposed to be amended as follows: C. The following parking requirements shall apply: 1. Parking shall be provided as follows:Parking shall be provided consistent with the standards specified in Chapter 21.44, unless otherwise specified in this section. -h A minimum of one and one half covered spaces per every unit, plus one covered space for an onsite manager's unit (when provided), and one guest parking space per every five units; 2rl_. Whenever possible, parking spaces should be laid out at either a thirty, forty-five or sixty degree angle; and 3r2. Required parking spaces shall be available to residents of the project at no fee. 21.84.080 The first paragraph of Section 21.84.080 (Housing for senior citizens, Application process) is proposed to be amended as follows: B. Formal Application. A proposal to develop housing for senior citizens shall be processed under a site development plan (SDP) application in addition to any otherwise required application(s) (i.e., tentative maps, parcel maps, planned unit developments, etc.). The site development plan application shall be processed according to the provisions of Chapter 21.06 of this code, excluding Section 21.06.020 (b) (1), (2), (3) and (4). The findings for approval of a site development plan for housing for senior citizens are specified in Section 21.84.080 of this chapter. 21.84.100 Section 21.84.100.D.l.e (Housing for senior citizens, Additional requirements) is proposed to be amended as follows: e. In a "senior citizen housing development," the limitation on occupancy may result in more -less than, but not less than eighty percent, all of the dwellings being actually occupied by a qualifying resident; 66 ATTACHMENT 4 AMENDMENTS TO CHAPTER 21.86 List of Sections in Chapter 21.86] The list of sections in Chapter 21.86 (Residential Density Bonus Incentives or Concessions) is proposed to be amended as follows: Sections: 21.86.010 Purpose and intent. 21.86.020 Definitions. 21.86.030 Inclusionary housing. 21.86.040 Density bonus for housing developments. 21.86.050 Incentives and concessions for housing developments. 21.86.060 Waiver or reduction of development standards. 21.86.070 Density bonus and incentives for condominium conversions. 21.86.080 Housing developments with child day care centers. 21.86.090 Density bonus housing standards. 21.86.100 Affordability tenure. 21.86.110 Application process. 21.86.120 Findings for approval. 21.86.130 Density bonus housing agreement. 21.86.140 Agreement processing fee. 21.86.150 Separability of provisions Severability. 21.86.1501 Section 21.86.150 (Residential Density Bonus Incentives or Concessions) is proposed to be amended as follows: 21.86.150 Separability of provisions Severability. A. If any provision of this chapter or the application thereof to any person or circumstances is held invalid, the remainder of the chapter and the application of the provision to other persons not similarly situated or to other circumstances shall not be affected thereby. 67 ATTACHMENT 4 AMENDMENTS TO CHAPTER 21.95 21.95.040 Sections 21.95.040.B (Hillside Development Regulations, Exemptions from hillside development permit) are proposed to be amended as follows: B. Any development exempted by 21.95.040(A) above, which does not comply with Section 21.95.120 and the city's hillside development guidelines, must submit an application for obtain a hillside development permit or hillside development permit amendment in order to obtain an exclusion from or modification to the development and design standards pursuant to this chapter. 68 ATTACHMENT 4 AMENDMENTS TO CHAPTER 21.105 21.105.030 The first sentence of Section 21.105.030 (Recycling Facilities and Recycling Areas, Recycling collection facilities allowed in commercial and industrial zones) is proposed to be amended as follows: 21.105.030 Recycling collection facilities allowed in commercial and industrial zones. Recycling collection facilities shall be allowed in commercial and industrial zones upon approval of a conditional use permit pursuant to Chapter 21.50 21.42 of this title, and subject to the following: 21.105.030 Section 21.105.030(b)(6) (Recycling Facilities and Recycling Areas, Recycling collection facilities allowed in commercial and industrial zones) is proposed to be amended as follows: (6) ReservedSpace shall be provided on site for a minimum of six vehicles or the anticipated peak hourly customer load, whichever is higher, as determined by the planning director. In addition, parking shall be provided for each employee and for each commercial vehicle of the recycling facility; 21.105.040 The first sentence of Section 21.105.040 (Recycling Facilities and Recycling Areas, Recycling processing facilities allowed in industrial zones) is proposed to be amended as follows: 21.105.040 Recycling processing facilities allowed in industrial zones. Recycling processing facilities shall be allowed in industrial zones upon approval of a conditional use permit pursuant to Chapter 21.50 21.42 and subject to the following: 69 ATTACHMENT 4 AMENDMENTS TO CHAPTER 21.110 | List of Sections in Chapter 21.110| The list of sections in Chapter 21.110 (Floodplain Management Regulations) is proposed to be amended as follows: Sections: 21.110.010 21.110.020 21.110.030 21.110.040 21.110.050 21.110.060 110.070 110.080 110.090 110.100 110.110 110.120 21.110.130 21.110.135 21 21 21 21 21 21 Statutory authorization. Reserved Findings of fact. Statement of purpose. Methods of reducing flood losses. Definitions. Lands to which this chapter applies. Basis for establishing the areas of special flood hazard. Compliance. Abrogation and greater regulations. Interpretation. Warning and disclaimer of liability. Severability. Special use permit. Findings for Approval 21. 21. 21. 21. 21. 21. 21. 21. 21. 21. 21. 21. 10.140 Designation of floodplain administrator. 10.150 Duties and responsibilities of the floodplain administrator. 10.160 Standards of construction. 10.170 Standards for utilities. 10.180 Standards for subdivisions. 10.190 Standards for manufactured homes, 10.200 Floodways. 10.210 Coastal high hazard areas. 10.220 Mudslide (i.e., mudflow) prone areas. 10.230 Flood-related erosion-prone areas. 10.240 Appeals. 10.250 Conditions for variances. 21.110.020 Section 21.110.020 (Floodplain Management Regulations, Findings of fact) is proposed to be amended as follows: 21.110.020 Reserved Findings of fact. (a) The flood hazard areas of the city are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare. fb) These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities, and when inadequately anchored, damage uses in other areas. Uses that are inadequately floodproofed, elevated or otherwise protected from flood damage also contribute to the flood loss. 70 ATTACHMENT 4 21.110.030 Section 21.110.030 (Floodplain Management Regulations, Statement of purpose) is proposed to be amended as follows: 21.110.030 Statement of purpose. (a) The floodplain management regulations are necessary due to the following facts: (1) The flood hazard areas of the city are subject to periodic inundation that may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare. (2) These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazards that increase flood heights and velocities, and when inadequately anchored, damage uses in other areas. Uses that are inadequately flood-proofed, elevated or otherwise protected from flood damage also contribute to the flood loss. (b) It is the purpose of this chapter to promote the public health, safety and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed: (1) To protect human life and health; (2) To minimize expenditure of public money for costly flood-control projects; (3) To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; (4) To minimize prolonged business interruptions; (5) To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard; (6) To help maintain a stable tax base by providing for the second use and development of areas of special flood hazard so as to minimize future flood blight areas; (7) To insure that potential buyers are notified that property is in an area of special flood hazard; (8) To insure that those who occupy the areas of special flood hazard assume responsibility for their actions; and (9) Recognize floodplain areas as potential open space resources and encourage compatible open space uses wherever possible. 21.110.130 Section 21.110.130 (Floodplain Management Regulations, Special use permit) is proposed to be amended as follows: 21.110.130 Special use permit. A special use permit shall be obtained in addition to any other required permits or entitlements before construction or development begins within any area of special flood hazards, areas of flood-related erosion hazards or areas of mudslide (i.e., mudflow) hazards established in Section 21.110.070. The filing fees for a special use permit shall be in an amount as the city council may by resolution establish. Applications for a special use permit shall be made on forms furnished by the planning director floodplain administrator and may include, but not be limited to, plans in duplicate drawn to scale showing the nature, location, dimensions and elevation of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing. Specifically, the following information is required: (1) Proposed elevation in relation to mean sea level, of the lowest floor (including basement) of all structures; in zone AO or VO, elevation of highest adjacent grade and proposed elevation of lowest floor of all structures; 71 ATTACHMENT 4 (2) Proposed elevation in relation to mean sea level to which any structure will be floodproofed; (3) All appropriate certifications listed in Section 21.110.150(D) of this chapter; (4) Description of the extent to which any watercourse will be altered or relocated as a result of proposed development; (5) Environmental impact assessment (one copy only); and (6) Environmental impact report (twenty copies), if required. 21.110.135 Section 21.110.135 is proposed to be added to Chapter 21.110 (Floodplain Management Regulations) as follows: 21.110.135 Findings for approval. (a) A special use permit required by this chapter may be approved or conditionally approved only if the following findings are made: (1) The project is consistent with the general plan, local coastal program, the requirements of this chapter, and any other applicable requirement of this code. (2) The site is reasonably safe from flooding. (3) The project is designed to minimize the flood hazard to the habitable portions of the proposed structure. (4) The proposed project does not create a hazard for adjacent or upstream properties or structures. (5) The proposed project does not create any additional hazard or cause adverse impacts to downstream properties or structures. (6) The proposed project does not reduce the ability of the site to pass or handle a base flood of 100-year frequency. (7) The cumulative effect of the proposed project when combined with all the other existing, proposed, and anticipated development will not increase the water surface elevation of the base flood more than one foot at any point. (8) The project is contingent upon compliance with other federal and state regulations as required. 21.110.140 Section 21.110.140 (Floodplain Management Regulations, Designation of floodplain administrator) is proposed to be amended as follows: 21.110.140 Designation of floodplain administrator. The Planning Commission is appointed as the floodplain administrator, to administer and implement this chapter by granting or denying special use permits in accordance with its provisions and upon the advice of the city engineer. 21.110.150 Section 21.110.150(1) (Floodplain Management Regulations, Duties and responsibilities of the floodplain administrator) is proposed to be amended as follows: 21.110.150 Duties and responsibilities of the floodplain administrator. The duties and responsibilities of the floodplain administrator shall include, but not be limited to: 72 ATTACHMENT 4 (1) Permit ReviewAuthority. The floodplain administrator may approve, conditionally approve or deny a special use permit required by this chapter upon the advice of the city engineer. (A) Review all special use permits to determine that the permit requirements of this chapter have been satisfied; (&) All other required state and federal permits have been obtained; (€) The site is reasonably safe from flooding; (O) The proposed development does not adversely affect the carrying capacity of areas where base flood elevations have been determined but a floodway has not been designated. For purposes of this chapter, "adversely affects" means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will not increase the wrater surface elevation of the base flood more than one foot at any point. 73 ATTACHMENT 4 AMENDMENTS TO CHAPTER 21.201 21.201.085 Section 21.201.085 (Coastal Development Permit Procedures, Minor coastal permits for second dwelling units) is proposed to be amended as follows: 21.201.085 Minor coastal permits for second dwelling units. A. The planning director may issue minor coastal permits for second dwelling units in the coastal zone which comply with the following criteria: 1. The development is consistent with Section 21.10.044030 of this title and the certified local coastal program as defined in Section 30108.6 of the Coastal Act. 2. The development has no adverse effect individually or cumulatively on coastal resources or public access to the shoreline or along the coast. B. The director shall give written notice of pending development decision after the application is complete, at least fifteen working days prior to the decision on the application as follows: 1. Contents. The notice shall include: a statement of a public comment period of at least fifteen working days sufficient to receive and consider comments submitted by mail prior to the date established for the decision. 2. Recipients. The notice shall be sent by first class mail to: a. Any person requesting to be on the mailing list for the project or for coastal decisions; b. All property owners and residents within one hundred feet of the project perimeter; c. The Coastal Commission; and d. The applicant. C. The planning director may approve, approve with conditions or deny the permit. The director's decision shall be based upon the requirements of, and shall include specific factual findings supporting whether the project is or is not in conformity with Section 21.10.030 of this title and; the certified local coastal program (and, if applicable, with the public access and recreation policies of Chapter 3 of the Coastal Act). The planning director's decision shall be made in writing. The date of the decision shall be the date the writing containing the decision or determination is mailed or otherwise delivered to the person or persons affected by the decision or determination. The planning director shall provide a notice of final local action in accordance with Sections 21.201.160 and 21.201.170 of this code, in addition to the director's written decision. D. Minor coastal permits for second dwelling units are not appealable to the planning commission or city council. 21.201.210 Section 21.201.210 (Coastal Development Permit Procedures, Extensions) is proposed to be amended as follows: 21.201.210 Extensions. Not more than ninety or less than forty five days pPrior to the expiration of a coastal development permit the permittee may apply to the director for an extension of the permit. The application for an extension shall be processed pursuant to the provisions of this chapter. An extension shall be approved only if it is found that there has been no change of circumstances in relation to coastal resources per Section 13169 of the California Code of Regulations since the original granting of the permit. If the director finds that there has been a change of circumstances in relation to coastal resources since the original granting of the permit the application for the extension shall be denied or conditionally approved. The decision of the director may be appealed pursuant to the provisions of Section 74 ATTACHMENT 4 21.201.080(D). If a complete application for an extension has been timely filed, the planning commission or the city council on appeal may grant the extension after the expiration date; provided, that the Final decision is made not later than forty Five days after the expiration date. 75 ATTACHMENT 4 AMENDMENTS TO CHAPTER 21.204 21.204.080 Section 21.204.080.C (Coastal Shoreline Development Overlay Zone, Mechanism for guaranteeing public access) is proposed to be amended as follows: C. Procedure. Ceopies of the recorded document, title report, and permit shall be forwarded to the California Coastal Commission by the applicant within ten days after submission of the recorded document for preparation of the coastal access inventory as required by Section 30530 of the Coastal Act. The accepting agency or Commission staff may make minor revisions to the documents (such as corrections in the legal descriptions, minor revisions to the location and use of the accessways in order to open the area up for public use) to assure that the public right-of-access along dry sandy beaches, bluff top parcels, or the vertical accessways is protected and capable of being implemented. 21.204.1201 Section 21.204.120 (Coastal Development Permit Procedures. Waiver of public liability) is proposed to be amended as follows: 21.204.120 Waiver of public liability. As part of the coastal development permit for a coastal shoreline development, the following requirement shall be completed: That prior to the transmittal of the coastal development permit, the applicant shall submit to the planning director a deed restriction for recording, free of prior liens except for tax liens, that binds the applicant and any successors in interest. The form and content of the deed restriction shall be subject to the review and approval of the planning director. The deed restriction shall provide: A. That the applicants understand that the site may be subject to extraordinary hazard from waves during storms, from erosion, and from landslides, and the applicants assume the liability from those hazards; B. The applicants shall unconditionally agree to indemnify and hold the city waive any claim of liability on the part of the California Coastal Commission or the city for harmless fromi liability for any damage from such hazards; and C. The applicants understand that construction in the face of these probable hazards may make them ineligible for public disaster funds or loans for repair, replacement or rehabilitation of the property in the event of storms and landslides. 76 ATTACHMENT 4 AMENDMENTS TO CHAPTER 21.208 21.208.050 Section 21.208.050 (Commercial/Visitor-Serving Overlay Zone Uses permitted by conditional use permit) is proposed to be amended as follows: 21.208.050 Uses permitted by conditional use permit. Commercial/visitor-serving uses may be permitted within the overlay zone by approval of a conditional use permit pursuant to this chapter, excluding outdoor dining (incidental), which is subject to an administrative permit pursuant to Section 21.26.013 of this title. Conditional uses otherwise allowed by underlying zoning designations, within the overlay zone, that are not commercial/visitor- serving uses, are not subject to this chapter. Where the underlying zoning authorizes conditionally approved uses (other than commercial/visitor-serving uses) Chapter 21.50 21.42, not this chapter, applies. 21.208.060 Section 21.208.060.D (Commercial/Visitor-Serving Overlay Zone, Prohibited uses) is proposed to be deleted: B-. Incidental outdoor dining areas (which waive parking requirements for small outdoor eating areas up to four hundred square feet in size) are prohibited. All indoor and outdoor eating areas shall provide parking as required by Section 21.208.lOO(AX'l) of this chapter. 21.208.100 Sections 21.208.100.A.4 and 21.208.100.A.5 (Commercial/Visitor-Serving Overlay Zone, Development standards) is proposed to be amended as follows: 4. Restaurant. One space/one hundred square feet of gross floor area up to two thousand square feet. Two thousand square feet or greater: twenty spaces plus one space/fifty square feet in excess of two thousand square feet. Space used for outdoor dining (incidental), pursuant to Section 21.26.013 of this title, shall be exempt from these parking requirements. Outdoor eating areas require one space/one hundred square feet of gross floor aroa specifically designed, designated and approved for outdoor dining. Recommended design features include adequate shuttle bus circulation and passenger drop-off/pick-up facilities in addition to tour bus/passenger bus parking provisions. 5. Coffee Shop/Beverage-Serving Use/Delicatessen. One space/three hundred square feet of gross floor area excluding seating areas for eating and/or drinking. Indoor and outdoor Sseating areas shall park at one space/one hundred square feet of area. Space used for outdoor dining (incidental), pursuant to Section 21.26.013 of this title, shall be exempt from these parking requirements. 77 Planning Commission Minutes June 2,2010 Page 2 PUBLIC COMMENTS ON ITEMS NOT LISTED ON THE AGENDA None. PLANNING COMMISSION PUBLIC HEARING Chairperson Douglas asked Mr. Neu to introduce the first item. 1. ZCA 07-02/LCPA 07-03 - MISCELLANEOUS ZONE CODE AMENDMENTS - A request for a recommendation of approval for a Zone Code Amendment and Local Coastal Program Amendment to make various minor amendments to the text of the Zoning Ordinance. Mr. Neu introduced Agenda Item 1 and stated Associate Planner Corey Funk would make the Staff presentation. Chairperson Douglas opened the public hearing on Agenda Item 1. Mr. Funk gave a brief presentation and stated he would be available to answer any questions. Chairperson Douglas asked if there were any questions of Staff. Seeing none, she asked if there were any members of the audience who wished to speak on the item. Seeing none, Chairperson Douglas opened and closed public testimony. DISCUSSION Commissioner L'Heureux stated his concern with the proposed redefinition of family and the elimination of the requirement for a familial or blood relationship and opening it up to allow potentially up to 12 people living in a single family home. He stated that in developing the Growth Management Plan, assumptions were made as to how many people would be living in a given unit. This new definition of family can truly change the character of the neighborhoods. Commissioner L'Heureux stated he is also concerned with the proposed change in the minimum lot size required for large family day cares. By eliminating the requirement that they be limited to single family dwellings on lots larger than 7,500 square feet, there could be 8 or 12 children on a 4,000 square foot lot, which has the potential to change the character of the city's neighborhoods. He suggested that the City Council look at these issues very carefully. Mr. Neu responded to Commissioner L'Heureux that, while not addressing the issue of neighborhood character, the assumptions used by growth management for facility sizing are based on the average household size. From time to time, based on the census information, this number will vary up and down. Ms. Mobaldi clarified that nothing in the current definition states that occupants of a home must be related, but that the definition is too ambiguous according to the state Housing and Community Development Department. The City is not eliminating a requirement for family or blood relationship in the definition, but trying to firm up the definition so it is in line with what has been approved by the courts. The Commission discussed at length the proposed changes in the definition of family as well as the proposed changes for day cares. Chairperson Douglas asked for clarification on the proposed changes for second dwelling units. Mr. Funk stated the primary changes are to reorganize that portion of the code and are not new requirements with the exception of requiring a notice of restriction to be recorded on the title. Currently an affidavit stating the homeowner agrees to rent the second dwelling unit at a low income rate is signed by the homeowner. By requiring a notice of restriction to be recorded against the title, it will ensure that any future owners of the property will be aware of the rent restriction on the second dwelling unit. The Commission discussed the proposed changes to the second dwelling unit portion of the code. Planning Commission Minutes June 2,2010 Page 3 Commissioner Douglas indicated for the record that she and Commissioner L'Heureux are concerned that the proposed new definition of family will change the character of our neighborhoods. Commissioner Dominguez stated that what was presented at briefings was different than what was discussed at this meeting. He commented that by requiring a notice of restriction it would cloud the title. Commissioner Schumacher stated he agrees with Commissioner Dominguez. Ms. Mobaldi stated that the term "cloud the title" means there is a violation on the property or there is a problem with the title, which is different than a notice of restriction. For any permit approved by the planning commission, such as a conditional use permit or site development plan, the city uses a notice of restriction to disclose that this permit is applicable to that property, which is not clouding the title. Commissioner Baker stated has no problem requiring a homebuilder to rent restrict second dwelling units, but is concerned about forcing an individual homeowner to comply with this requirement. She further stated she would like to see the Commission or Council revisit the idea regarding rent restricting second dwelling units for individual homeowners. Commissioner Douglas asked if the city will go back and force existing homeowners with existing second dwelling units to record a notice of restriction. Ms. Mobaldi indicated that a notice of restriction would only be required on new second dwelling units constructed from this point on, and that the only change proposed in the code for second dwelling unit requirements is how the city documents the rent restriction for second dwelling units that do not satisfy inclusionary requirements. For second dwelling units not constructed to satisfy inclusionary housing, the city currently requires an owner to sign an affidavit, and the proposed change would require a notice of restriction instead. Commissioner Dominguez stated he does not feel individual homeowners who choose to build a second dwelling unit and do not wish to have that unit be part of inclusionary housing should not be forced to participate in the program. MOTION ACTION: Motion by Commissioner L'Heureux, and duly seconded, that the Planning Commission adopt Planning Commission Resolutions No. 6696 and 6697 recommending approval of ZCA 07-02 and LCPA 07-03 based on the findings contained therein. VOTE: 7-0 AYES: Chairperson Douglas, Commissioner Baker, Commissioner Dominguez, Commissioner L'Heureux, Commissioner Montgomery, Commissioner Nygaard and Commissioner Schumacher NOES: None ABSENT: None ABSTAIN: None Chairperson Douglas asked for a motion regarding the issue of placing the topic of rent restriction for second dwelling units on a future agenda. Planning Commission Minutes June 2,2010 Page 4 MOTION ACTION: Motion by Commissioner Montgomery, and duly seconded, that the Planning Commission place on a future agenda the topic of second dwelling units which are elected by the homeowner to be constructed to be precluded from any rent restriction requirement. VOTE: 7-0 AYES: Chairperson Douglas, Commissioner Baker, Commissioner Dorninguez, Commissioner L'Heureux, Commissioner Montgomery, Commissioner Nygaard and Commissioner Schumacher NOES: None ABSENT: None ABSTAIN: None Chairperson Douglas asked Mr. Neu to introduce the next item. 2. STATUS OF PROJECTS APPROVED BY THE PLANNING COMMISSION IN 2009 The Planning Commission received a report providing status updates on projects approved by the Commission in 2009. COMMISSION COMMENTS None. PLANNING DIRECTOR COMMENTS None. CITY ATTORNEY COMMENTS None. ADJOURNMENT By proper motion, the Regular Meeting of the Planning Commission of June 2, 2010, was adjourned at 7:12 p.m. DON NEU Planning Director Bridget Desmarais Minutes Clerk Easy Peel Labels Use Avery® TEMPLATE 5160® ; A j^Feed Paper See Instruction Sheet j for Easy Peel Feature j^i AVERY® 5160® CARLSBAD UNIF SCHOOL DIST 6225 EL CAMINO REAL CARLSBAD CA 92011 SAN MARCOS SCHOOL DISTRICT STE 250 255 PICO AVE SAN MARCOS CA 92069 ENCINITAS SCHOOL DISTRICT 101 RANCHO SANTA FE RD ENCINITAS CA 92024 SAN DIEGUITO SCHOOL DISTRICT 701 ENCINITAS BLVD ENCINITAS CA 92024 LEUCADIA WASTE WATER DIST TIM JOCHEN 1960 LA COSTA AVE CARLSBAD CA 92009 OLIVENHAIN WATER DISTRICT 1966OLIVENHAINRD ENCINITAS CA 92024 CITY OF ENCINITAS 505 S VULCAN AV ENCINITAS CA 92024 CITY OF SAN MARCOS 1 CIVIC CENTER DR SAN MARCOS CA 92069-2949 CITY OF OCEANSIDE 300 NORTH COAST HWY OCEANSIDE CA 92054 CITY OF VISTA 600 EUCALYPTUS AVE VISTA CA 92084 VALLECITOS WATER DISTRICT 201 VALLECITOS DE ORO SAN MARCOS CA 92069 I.P.U.A. SCHOOL OF PUBLIC ADMIN AND URBAN STUDIES SAN DIEGO STATE UNIVERSITY SAN DIEGO CA 92182-4505 CALIF DEPT OF FISH & GAME 4949VIEWRIDGEAV SAN DIEGO CA 92123 REGIONAL WATER QUALITY STE 100 9174 SKY PARK CT SAN DIEGO CA 92123-4340 SD COUNTY PLANNING STEB 5201 RUFFIN RD SAN DIEGO CA 92123 LAFCO 1600 PACIFIC HWY SAN DIEGO CA 92101 AIR POLLUTION CONTROL DISTRICT 10124 OLD GROVE RD SAN DIEGO CA 92131 SANDAG STE 800 401 B STREET SAN DIEGO CA 92101 U.S. FISH & WILDLIFE 6010 HIDDEN VALLEY RD CARLSBAD CA 92011 CA COASTAL COMMISSION STE 103 7575 METROPOLITAN DR SAN DIEGO CA 92108-4402 ATTN TEDANASIS SAN DIEGO COUNTY AIRPORT AUTHORITY PO BOX 82776 SAN DIEGO CA 92138-2776 CARLSBAD CHAMBER OF COMMERCE 5934 PRIESTLEY DR CARLSBAD CA 92008 CITY OF CARLSBAD PUBLIC WORKS/ENGINEERING DEPT- PROJECT ENGINEER CITY OF CARLSBAD PROJECT PLANNER STEVE MACIEJ - BIASD STE 110 9201 SPECTRUM CENTER BLVD SAN DIEGO CA 92123-1407 Etiquettes faciles a peler Utilisez le qabarit AVERY® 5160®Sens de chargement Consultez la feuille d'instruction www.avery.com 1-800-GO-AVERY Easy Peel Labels Use Avery® TEMPLATE 5160® A Paper See Instruction Sheet j for Easy Peel Feature^IAVERY®5160® BUREAU OF INDIAN AFFAIRS 2800 COTTAGE WAY SACRAMENTO CA 95825 BUSINESS, TRANS & HSG AGENCY STE 2450 980 NINTH ST SACRAMENTO CA 95814 CA COASTAL COMMISSION STE 103 7575 METROPOLITAN DR SAN DIEGO CA 92108 CANNEL ISLANDS NATL PARK SUPERINTENDENT'S OFFICE 1901 SPINNAKER DR SAN GUENA VENTURA CA 93001 CITY OF ENCINITAS 505 S VULCAN AV ENCINITAS CA 92024 COASTAL CONSERVANCY STE 1100 1330 BROADWAY OAKLAND CA 94612 COUNTY OF SD SUPERVISOR RM335 1600 PACIFIC SAN DIEGO CA 92101 DEPT OF DEFENSE LOS ANGELES DISTENG PO BOX 2711 LOS ANGELES CA 90053 DEPT OF ENERGY STE 400 611 RYAN PLZDR ARLINGTON TX 760114005 DEPT OF ENERGY STE 350 901 MARKET ST SAN FRANCISCO CA 94103 DEPT OF FISH & GAME ENVSERVDIV PO BOX 944246 SACRAMENTO CA 942442460 DEPT OF FOOD & AGRICULTURE AGRICULTURAL RESOURCES RM100 1220NST SACRAMENTO CA 95814 DEPT OF FORESTRY ENV COORD PO BOX 944246 SACRAMENTO CA 942442460 DEPT OF HOUSING & URBAN DEV 600 HARRISON ST SAN FRANCISCO CA 94107 DEPT OF JUSTICE DEPT OF ATTY GEN RM700 110 WEST AST SAN DIEGO CA 92101 DEPT OF TRANSPORTATION RM 5504 1120 NST SACRAMENTO CA 95814 FED AVIATION ADMIN WESTERN REG PO BOX 92007 LOS ANGELES CA MARINE RESOURCES REG DR & G ENV SERVICES SPR STEJ 4665 LAMPSON AVE LOS ALAMITOS CA 907205139 OFF OF PLANNING & RESEARCH OFF OF LOCAL GOV AFFAIRS PO BOX 3044 SACRAMENTO CA 958123044 SAN FRANCISCO BAY CONSERV & DEV COM STE 2600 50 CALIFORNIA ST SAN FRANCISCO CA 941114704 SANDAG EXEC DIRECTOR STE 800 1STINTLPLZ401BST SAN DIEGO CA 92101 SD COUNTY PLANNING & LAND USE DEPT STE B-5 5201 RUFFIN RD SAN DIEGO CA 92123 SDGE 8315 CENTURY PARK CT SAN DIEGO CA 92123 STATE LANDS COMMISSION STE 1005 100 HOWE AV SACRAMENTO CA 958258202 US ARMY CORPS OF ENGINEER 1455 MARKET ST FL 17 SAN FRANCISCO CA 94103 US BUREAU OF LAND MGMT STE RM W 2800 COTTAGE WY SACRAMENTO CA 95825 US BUREAU OF RECLAMATION MID PACIFIC REG 2800 COTTAGE WY SACRAMENTO CA 95825 US FISH & WILDLIFE SERVICES 2800 COTTAGE WAY STE W-2605 SACRAMENTO CA 95825 USDA RURAL DEVELOPMENT DEPT 4169 430 G ST DAVIS CA 95606 WATER RESOURCES CONTROL BOARD PO BOX 100 SACRAMENTO CA 95801 Etiquettes faciles a peler Utilisez le qabarit AVERY® 5160®Sens de chargement Consultez la feuille d'instruction www.avery.com 1-800-GO-AVERY NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you, because your interest may be affected, 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, July 27, 2010, to consider approval for a Zone Code Amendment and Local Coastal Program Amendment to make various minor amendments to the text of the Zoning Ordinance. Whereas, on June 2, 2010 the City of Carlsbad Planning Commission voted 7-0 to recommend approval of a Zone Code Amendment and Local Coastal Program Amendment to make various minor amendments to the text of the Zoning Ordinance. 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 and after July 23, 2010. If you have any questions, please contact Corey Funk in the Planning Department at (760) 602-4645 or corey.funk@carlsbadca.gov. If you challenge the 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's Office, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, at or prior to the public hearing. CASE FILE: ZCA 07-02/LCPA 07-03 CASE NAME: MISCELLANEOUS ZONE CODE AMENDMENTS PUBLISH: July 17, 2010 CITY OF CARLSBAD CITY COUNCIL This space is for the County Clerk's Filing Stamp PROOF OF PUBLICATION (2010 & 2011 C.C.P.) 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: July 17th, 2010 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Proof of Publication of NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN lo you, because your interest may beaffected, that the City Council of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carls- bad, California, at 6:00 p.m. on Tues- day, July 27, 2010, to consider ap- proval for a Zone Code Amendment and Local Coastal Program Amend- ment to make various minor amend-ments to the text of the Zoning Ordinance. Whereas, on June 2,2010 the City of Carlsbad Planning Commission vot- ed 7-0 to recommend approval of a Zone Code Amendment and Local Coastal Program Amendment to make various minor amendments to the text of the Zoning Ordinance. 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 and after July 23, 2010. If you have any questions, please contact Corey Funk in the Planning Department at, 760-602-4645 or corev.funk@carls- badca.gov. If you challenge the 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's Office, 1200 Carls- bad Village Drive, Carlsbad, CA92008, at or prior to the public hearing. CASE FILE:ZCA 07-02/LCPA 07-03 CASE NAME: MISCELLANEOUS ZONE CODE AMENDMENTS PUBLISH: July 17, 2010 nct2264582 CITY OF CARLSBAD CITY COUNCIL Dated at Escondido, California On this 19th, da Jane Allshouse NORTH COUNTY TIMES Legal Advertising Miscellaneous Zone Code Amendments ZCA 07-02/LCPA 07-03 Purpose •City initiated text amendments to Zoning Ordinance •Various minor amendments, mostly unrelated •Fix minor errors, clarifications, updates and other “clean up” items •Proposed new requirements do not differ significantly from existing policy Summary of Amendments •Regulatory consistency •Typographical and other errors •Clarity and code usability •Entertainment Ordinance •Other miscellaneous changes Planning Commission Hearing •Proposed update for definition of “family” •Proposed elimination of minimum lot size requirement for large family day care homes •Existing policy of requiring second dwelling units constructed by a homeowner to be restricted as “affordable” units Conclusion •Project is consistent with General Plan, Local Coastal Program and Zoning Ordinance –No conflicts with existing provisions •Project is exempt from CEQA –Minor code changes will not affect the environment –No significant changes to standards are proposed Recommendation •INTRODUCE ordinance APPROVING ZCA 07-02 and ADOPT resolution APPROVING LCPA 07-03, approving the Miscellaneous Zone Code Amendment Project