HomeMy WebLinkAbout2010-08-24; City Council; 20343; Zone Code AmendmentsCITY OF CARLSBAD - AGENDA BILL 13
^^AB# 20,343
MTG. 8-24-10
DEPT. CLERK
APROVAL OF MISCELLANEOUS ZONE CODE
AMENDMENTS TO UPDATE AND CLARIFY THE
TEXT OF VARIOUS SECTIONS OF THE CITY'S
ZONING ORDINANCE
ZCA 07-02
//
DEPT. HEAD ^f^
CITY ATTY. O^
CITY MGR.
RECOMMENDED ACTION:
Adopt Ordinance No. CS-102. approving a Zone Code Amendment for various and unrelated
minor amendments to the text of the City of Carlsbad's Zoning Ordinance that apply citywide, to
correct minor errors, and clarify and update various sections to reflect current conditions.
These amendments will also improve Code consistency with other titles of the City's Municipal
Code and General Plan, and with State Law.
ITEM EXPLANATION:
Ordinance No. CS-102 was introduced and first read at the City Council meeting held on July
27, 2010. The second reading allows the City Council to adopt the ordinance which will
become effective thirty days after adoption. The City Clerk will have the ordinance published
within fifteen days, if adopted.
FISCAL IMPACT:
See AB #20,329 on file in the Office of the City Clerk.
ENVIRONMENTAL IMPACT:
Pursuant to Public Resources Code section 21065 and CEQA Guidelines section 15738, this
action does not constitute a "project" within the meaning of CEQA and therefore, does not
require additional environmental review.
EXHIBITS:
1. Ordinance No. CS-102.
DEPARTMENT CONTACT: Karen Kundtz 760-434-2808 Karen.Kundtz@carlsbadca.gov
FOR CITY CLERKS USE ONLY.
COUNCIL ACTION: APPROVED
DENIED
CONTINUED O
WITHDRAWN D
AMENDED D
CONTINUED TO DATE SPECIFIC D
CONTINUED TO DATE UNKNOWN D
RETURNED TO STAFF D
OTHER - SEE MINUTES D
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 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
71 Zoning) is 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
2fi 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
~7 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:
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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
11 Permitted Uses
1 91Z In the table, below, subject to all applicable permitting and development requirements of
the municipal code:
14
. below)
"P" indicates use is permitted. (See note 7 below)
"CUP" indicates use is permitted with approval of a conditional use permit. (See note 7
., 1 = Administrative hearing process
2 = Planning commission hearing process
17 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
2i 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 ///
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1 SECTION IX: That the legend of Table A of Section 21.08.020 (R-A Residential
2 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,
, 2 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
24 Estate Zone, Permitted Uses) is amended as follows:
25 Table A
Permitted Uses
27 In the table, below, subject to all applicable permitting and development requirements of
the municipal code:
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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:
12 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
13 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:
"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)
1 = Administrative hearing process.
2 = Planning commission hearing process.
2" 3 = City council hearing process.
"Ace" indicates use is permitted as an accessory use.
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1 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
n 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.
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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
1^ all structures existing on each proposed lot will comply with the development standards
applicable to each lot;
14 11. The total area of floor space for an attached or detached second unit shall not
exceed six hundred forty square feet;
15 12. The second dwelling unit shall be architecturally compatible with the main
dwelling unit, in terms of appearance, materials and finished quality;
1" 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 be17 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;
23 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 21.10.120.A.1 (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
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1 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,
12 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 Uses22
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
note 7 below)
1 = Administrative hearing process.
2" 2 = Planning commission hearing process.
3 = City council hearing process.
27 "Ace" indicates the use is permitted as an accessory use.
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1 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
o 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 A20 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:
23 "P" indicates use is permitted. (See note 3 below)
9, "CUP" indicates use is permitted with approval of a conditional use permit. (See note 3
2 below)
25 1 = Administrative hearing process
~s 2 = Planning commission hearing process
3 = City council hearing process
97 "Ace" indicates use is permitted as an accessory use.
///
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1
2
3
4
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:
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)
11
12
13
14
15
16
17
18
19
20
21
22
23
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SECTION XXXI: That Table A of Section 21.18.020 (R-P Residential Professional
Zone, Permitted Uses) is 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.
"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.
SECTION XXXIII: That Table A of Section 21.20.010 (R-T Residential Tourist 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 XXXIV: That Section 21.21.140 (H-O Hospital Overlay Zone, Parking) is
amended as follows:
21.21.140 Parking.
A. Parking shall be provided subject to the provisions of Chapter 21.44 of this title.
B. Additional parking may be required as part of the site development plan.
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 Uses
In the table, below, subject to all applicable permitting and development requirements of
the municipal code:
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"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
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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
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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
4 Commercial Zone, Permitted uses) are amended as follows:
5 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.
8 SECTION XLVI: That Section 21.26.013 (C-1 Neighborhood Commercial Zone,
o Incidental outdoor dining areas permitted by administrative permit) is amended as follows:
JQ 21.26.013 Outdoor dining (incidental) permitted by administrative permit.
Outdoor dining (incidental) may be approved by administrative permit for restaurants,
11 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
19 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:
27 ///
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.
8 (7) The maximum area provided for outdoor dining (incidental) shall be limited to a
maximum of four hundred square feet.
9 (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,
1 1 (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;
14 (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
follows:
18 o »•Sections:
21.27.010 Intent and purpose.
21.27.020 Permitted uses.
2Q 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
28
"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 Lll: 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.
-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:
10 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:
24 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.
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.
17
Q
"P" indicates use is permitted. (See note 2 below)
1 n "CUP" indicates use is permitted with approval of a conditional use permit. (See note 2
1U below)
1 = Administrative hearing process.
,2 2 = Planning commission hearing process.
3 = City council hearing process.
13 "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 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
19 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
27 Zone, Incidental outdoor dining areas permitted by administrative permit) is deleted.
28
-17-
14
15
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)
8 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,
Permitted uses) is 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
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
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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 .32.01 0 (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-
1 SECTION LXXIV: That Section 21.32.015 (M Industrial Zone, Incidental outdoor dining
2 areas permitted by administrative permit) is deleted.
3 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:
o
"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.
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
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)
11 III
28
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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(8X30)) (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
21.105 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(B)(160))
Wireless communications facilities (subject to Section
21.42.140(8X165)) (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
1/2
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 LXXXII: That the legend of Table A of Section 21.37.020 (RMHP
4
Residential Mobile Home Park Zone, Permitted Uses) is amended as follows:
Table A
6 Permitted Uses
In the table, below, subject to all applicable permitting and development requirements of
the municipal code:
27
28
"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.
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
16 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.26 C_ 1 . WW. WW N^WI IWIWHI |>SI W W IWI\SI l\J.
(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
-23-
objectives of this chapter. No P-C zone shall include less than one hundred acres of contiguous
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.
LXXXVII: That the list of sections in Chapter 21.44 (Parking) is amended as
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
objectives of t
land.
(b)
20, Subdivisio
regulations sp
SECTI
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
SECTI
required) is an
21.44.020
A.
designated in
B.
street parking
separately, e>
considered as
Section 21.44
Residential
Uses
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
Off-street parking spaces required.
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.
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
>t 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
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"
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 Same as required for multiple-family
dwelling visitor parking.
-24-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
Studio and
one-bedroom
units
Units with two
or more
bedrooms
Visitor parking
Of Off-Street Parking Spaces
1.5 spaces/unit, one of which must
be covered
2 spaces/unit, one of which must be
covered
Projects with 10 A .30 space per
units or fewer each unit.
Projects with 11 A .25 space per
units or more each 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 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 Number Of Off-Street Parking Spaces
Commercial,
Industrial,
and Other
Non-
Residential
Uses,
Cont'd.
Gas
Stations
Motor Vehicle Uses
Sales
Repair
1 space/300 square feet of gross floor area,
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.
1 space/400 square feet of gross floor area
4 spaces for every work bay (up through
three work bays), plus 2 spaces per bay in
excess of three bays. Work_bays do not
count as parking spaces.
Museums 1 space/500 square feet of gross floor area
Personal and
Professional Services 3 1 space/300 square feet of gross floor area
Professional Care
Facilities .45 parking spaces per every bed
Public Assembly 1 space/5 seats, or 1 space/100 square feet of
assembly area, whichever is greater.
Recreational Vehicle
Storage Areas
1 space for every 10,000 square feet of storage area,
with a minimum of 3 spaces.
Recycling Facilities 1 space per employee plus 1 space for
commercial vehicle of the recycling facility; and
each
Space for a minimum of 6 vehicles or the anticipated
peak hourly customer load, whichever is greater, as
determined by the planning director.
Research and
Development (R&D)
1 space/250 square feet of gross floor area
Bio industrial R&D - 1 space/300 square feet of gross
floor area
Restaurants
Less than
4,000 square
feet in size
4,000 square
feet or
greater
Individual
Retail Uses 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
Visitor/Information
Center
One space/four hundred square feet of gross floor
area
Theaters 1 space/5 seats
Warehouse
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,
17 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.
18 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
19 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
2® consultant, or other evidence satisfactory to the planning director.
21 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
26 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
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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,
^ Nonresidential planned development permit) is amended as follows:
6 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
1, 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:
JQ 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
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
26 paragraph shall not apply to an amendment initiated by the city.
27 ///
28
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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
„. 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
22 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
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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 CM: 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
lg 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
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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.
2
SECTION CIV: That 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
4
redevelopment director decisions) are 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
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
1,. 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
18 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
, n city council, pursuant to the provisions of Section 21.54.150.
2fj 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
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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
Facilities, Authority - Conflict) is amended as follows:
12 21.55.020 Authority—Conflict.
13 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.
SECTION CVII: That Chapter 21.58 (Revocation—Expiration) is amended as follows:
Chapter 21.58
! 7 VIOLATION-REVOCATION-EXPIRATION
13 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
1" specified, within eighteen months of the date of approval.
(b) Unless an earlier expiration date appears on the face of the permit any
1' 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
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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
O
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(D
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.
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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.
1 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.
Q
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
IT 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.
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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 CXVI I: That Section 21.95.040.B (Hillside Development Regulations,
o Exemptions from hillside development permit) is 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
a hillside development permit or hillside development permit amendment in order to obtain an
12 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 '"
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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.
1* 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.
21.110.190 Standards for manufactured homes.
21.110.200 Floodways.
14 21.110.210 Coastal high hazard areas.
21.110.220 Mudslide (i.e., mudflow) prone areas.
21.110.230 Flood-related erosion-prone areas.
21.110.240 Appeals.
21.110.250 Conditions for variances.
17 SECTION CXXI I: 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
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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
, 7 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
1 o 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
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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:
13 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 21.201.085A1 (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 21.201.085.0 (Coastal Development Permit24
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
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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,
Extensions) is amended as follows:
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
11 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
12 commission or the city council on appeal may grant the extension after the expiration date.
13 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
18 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 Overlay
24
Zone, Uses permitted by conditional use permit) is amended as follows:
25
21.208.050 Uses permitted by conditional use permit.
26 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
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1 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.
SECTION CXXXV: That Sections 21.208.100.A.4 and 21.208.100.A.56
(Commercial/Visitor-Serving Overlay Zone, Development standards) are 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.
Recommended design features include adequate shuttle bus circulation and passenger drop-
off/pick-up facilities in addition to tour bus/passenger bus parking provisions.
1, 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
12 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 ///
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INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
Council on the 27th day of July, 2010, and thereafter.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the 24th day of August, 2010, by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Hall, Packard and Blackburn.
NOES: None.
ABSENT: None.
ABSTAIN: None.
APPROVED AS TO FORM AND LEGALITY
. BALL, City Attorne
S, Mayor
(SEAL)
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