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2013-07-23; City Council; 21321; CUP Code Amendments GPA 11-05 ZCA 09-03 LCPA 09-02
CITY OF CARLSBAD - AGENDA BILL 21 AB# MTG. DEPT. 21.321 7/23/13 CED CUP CODE AMENDMENTS GPA 11-06/ZCA 09-03/LCPA 09-02 DEPT. DIRECTOR CITY ATTORNEY CITY MANAGER RECOMMENDED ACTION: That the City Council hold a public hearing and: a. INTRODUCE Ordinance No. CS-224 . APPROVING an amendment to the City of Carlsbad Zoning Ordinance (ZCA 09-03); INTRODUCE Ordinance No. Ordinance (ZCA 09-03) to amend the text of the Intent and Purpose and add a "Retail-Accessory Use... category to the Planned Industrial (P-M) zone for properties located outside the coastal zone; ADOPT Resolution No. 2013-191 . APPROVING a General Plan Amendment (GPA 11-05); and ADOPT Resolution No. 2013-192 . APPROVING a Local Coastal Program Amendment (LCPA 09-02). b. CS-225 . APPROVING an amendment to the City of Carlsbad Zoning ITEM EXPLANATION: Project Planning Commission City Council Coastal Commission GPA 11-05 RA X ZCA 09-03 RA X ** ZCA 09-03 — X LCPA 09-02 RA X • RA = Recommended adoption/approval X = Final City decision-making authority • = Requires Coastal Commission approval ** = Will not become effective until the Coastal Commission approves LCPA 09-02 In 2009, the Development Review Process Working Group established a number of initiatives to facilitate development throughout the city. One of the initiatives, "Decision-Making Levels," aimed to streamline the discretionary permit approval process in the city's business and industrial sectors by reassigning the approval authority to the lowest appropriate decision-making authority. A number of city-initiated code amendments have been recently approved to implement the above-referenced initiative as well as several other initiatives. The scope of the subject amendment specifically relates to conditional use permits in the nonresidential zones. The proposed project entails a city-initiated General Plan Amendment, Zone Code Amendment and Local Coastal Program Amendment to reassign the approval authority to the lowest appropriate decision-maker for conditional use permits in the nonresidential zones. In addition, amendments are proposed to the Zoning Code and General Plan to allow for a greater variety of land uses in the nonresidential zones, with a specific focus placed on the P-M (Planned Industrial) zone. Finally, the project includes amendments to the text ofthe Zoning Code to correct inadvertent omissions (i.e., "clean-up" amendments) that were made as a result of a prior Zone Code Amendment relating to conditional use permits that was approved in 2006. Amendments proposed to the Planned Industrial (P-M) zone, the city's most prevalent nonresidential zone, include the following: DEPARTMENT CONTACT: Shannon Werneke 760-602-4621 shannon.werneke(a)carlsbadca.gov FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED X CONTINUED TO DATE SPECIFIC • DENIED • CONTINUED TO DATE UNKNOWN • CONTINUED • RETURNED TO STAFF WITHDRAWN • OTHER - SEE MINUTES AMENDED Ordinance Nos. CS-224 and CS -z25 were amended, Page 2 1. Revise the "Intent and Purpose" to allow for greater flexibility in the types of uses that could locate in the P-M zone and delete the exisfing provision which specifies that businesses located in the P-M zone cannot cater directly to the general public. 2. Add "Retail, accessory use..." to the P-M zone land use matrix to allow for a limited amount of accessory retail space, subject to the approval of a Minor Condifional Use Permit by the City Planner. Specifically, the following addifional category and associated footnote are proposed: Retail, accessory use, including tasting/sampling rooms, showrooms, miscellaneous retail, up to 20% of the gross floor area of tiie building or suite (as applicable) or 2,000 square feet, whichever is less (see note 3 below) Footnote 3: The retail use shall be accessory to the permitted use and wholly contained within the building. All products for retail sale shall be produced, distributed, and/or warehoused on the premises. No outdoor display of merchandise or retail sales shall be pemiitted unless customarily conducted in the open. Parking for the accessory retail use shall be detemiined based on the parking requirement for the primary use pursuant to CMC Chapter 21.44. 3. Add "Educafional facilifies-other" to the P-M land use matrix to allow for educafional schools such as trade, cosmetology, pet grooming, music, dance, martial arts, gymnasfics, subject to the approval of a Minor Condifional Use Permit by the City Planner. On May 1, 2013, the Planning Commission adopted Planning Commission Resolufions No. 6960, 6961, and 6962, recommending approval (7-0) ofthe General Plan Amendment (GPA 11-05), Zone Code Amendment (ZC 09-03), and Local Coastal Program Amendment (LCPA 09-02). In general, the Planning Commission was very supportive of the proposal to streamline the process for condifional use permits in the nonresidenfial zones and to allow for greater flexibility in the types of uses that could locate in the P-M zone. As part of the proposal to streamline the process, staff recommended that the review level for a number of conditional uses be reassigned from the Planning Commission to the City Planner. Ulfimately, a majority of the Planning Commission felt the following condifional uses should remain within the purview ofthe Planning Commission: Athlefic fields Gas stafions Hotels/motels Nightclubs, dance clubs, and other establishments that play live or recorded music or make regular use of amplified sound Pool halls, billiard parlors Public meefing halls, exhibit halls, and museums Racetracks Theaters (mofion picture or live) - indoor In addifion, the Planning Commission recommended that "Golf courses" and "Theaters, stages and amphitheaters - outdoor", both of which are currenfiy subject to the approval of a condifional use permit by the Planning Commission, be reassigned from the Planning Commission to the City Council. Commissioner Segall expressed concern with the language for the proposed footnote associated with the new "Retail, accessory use..." category for the P-M zone (discussed above) and proposed a modified footnote to remove reference to warehousing and distribufion as allowable primary uses for the proposed accessory retail category. Specifically, Commissioner Segall proposed the following language (in strike through/underline format): Footnote 3: The retail use shall be accessory to the pennitted use and wholly contained within the building. All products for retail sale shall be designed, developed, assembled, produced, distributed, and/or warehoused manufactured on the premises, as part of that entity's core business. No outdoor display of merchandise or retail sales shall be pennitted unless customarily conducted in the open. Parking for the accessory retail use shall be detennined based on the parking requirement for the primary use pursuant to CMC Chapter 21.44. Page 3 Due to the possibility that Commissioner Segall's proposed language could be too limifing with respect to the types of primary uses that might have a minor retail component (i.e., warehousing and/or distribufion uses), a majority of the Planning Commission (4-3, Black, Segall, and Schumacher voted No) voted to recommend approval of the original language for the footnote proposed by staff. Although no public tesfimony was received at the public hearing, the Chamber of Commerce (Chamber) submitted a letter of support (dated April 17, 2013, Exhibit 8) for the proposed amendments. In addifion, the Chamber requested that the changes for properties located outside of the coastal zone become effecfive immediately following approval from City Council. This was requested not only because it is anficipated that it will take up to 18 months for the California Coastal Commission to act on the project, but also because the vast majority of properties which would benefit from the project are located outside of the coastal zone. While staff understands this issue and the need for the changes to become effecfive as soon as possible, currently there is only one city-wide Zoning Code which covers properties located inside as well as outside of the coastal zone. Because the proposed CUP amendments affect a number of chapters and numerous sections within the Zoning Code, it would create the need to publish a second Zoning Code for properties located outside of the coastal zone. Although this is the direcfion staff is headed towards with the General Plan/Zoning Ordinance Update Program, the update process has not been completed. Therefore, it is sfill necessary to retain one Zoning Code. Notwithstanding the above, as the proposed revision to the Intent and Purpose in the P-M zone as well as the addifion of the category, "Retail-accessory use..." to the P-M zone are priorifies to the business community, staff has drafted a separate ordinance specific to these two secfions for City's Council's consideration for properties located within the P-M zone and outside of the coastal zone. If this Ordinance is approved and adopted, the changes to the Intent and Purpose and the addifion of an accessory retail category to the P-M zone will not need to be considered by the Coastal Commission and will, therefore, become effective immediately. All other changes to the Zoning Ordinance will require approval by the Coastal Commission. FISCAL IMPACT: The only anficipated fiscal impact would be from staff fime required to complete the amendment process through the California Coastal Commission. ENVIRONMENTAL IMPACT: The proposed amendments are exempt from environmental review pursuant to CEQA Secfion 15061(b)(3), which exempts projects "where it can be seen with certainty that there is no possibility that the activity in quesfion may have a significant effect on the environment." The changes proposed by this project are primarily procedural in nature, are not substanfial, and will not significanfiy affect the exisfing development standards in the Zoning Ordinance; therefore, the project will not result in a significant effect on the environment. Therefore, a Nofice of Exempfion will accordingly be filed. EXHIBITS' ~ city Council Ordinance No. CS-224 (ZCA 09-03) 2. City Council Ordinance No. CS-225 (ZCA 09-03)(P-M zone changes, outside coastal zone) 3. City Council Resolufion No. 2013-191 (GPA 11-05) 4. City Council Resolufion No. 2013-192 (LCPA 09-02) 5. Planning Commission Resolutions No. 6960, 6961, and 6962, dated May 1, 2013 6. Planning Commission Staff Report, dated May 1, 2013 7. Excerpts of Planning Commission Minutes, dated May 1, 2013 8. City Council Workshop Memo and Excerpts of Minutes, December 18, 2012 9. Letter from Mr. Ted Owen, Chamber of Commerce, dated April 17, 2013. 3 1 ORDINANCE NO. CS-224 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA. APPROVING A ZONE CODE 3 AMENDMENT TO SIMPLIFY AND STREAMLINE THE DEVELOPMENT REVIEW PROCESS BY REASSIGNING THE 4 APPROVAL AUTHORITY FOR CONDITIONAL USE PERMITS TO THE LOWEST APPROPRIATE DECISION-MAKER IN THE 5 NONRESIDENTIAL ZONES, TO AMEND THE TEXT OF THE ZONING ORDINANCE TO PROVIDE GREATER FLEXIBILITY 6 FOR A VARIETY OF CONDITIONAL USES IN THE NONRESIDENTIAL ZONES, AND TO AMEND THE 7 COMMERCIAL VISITOR-SERVING OVERLAY ZONE TO ADDRESS MINOR MISCELLANEOUS AMENDMENTS 8 RELATING TO DECISION-MAKING AUTHORITY FOR CONDITIONAL USES. 9 CASE NAME: CUP CODE AMENDMENTS CASE NO.: ZCA 09-03/LCPA 09-02 10 11 12 13 14 15 16 17 18 WHEREAS, in July 2009, the Development Review Process (DRP) Working Group was formed with the purpose of identifying ways to improve the efficiency of and user experience with the development review process; and WHEREAS, in November 2009, the DRP Working Group's Summary Recommendations Report was presented to City Council at a City Council Workshop; and WHEREAS, at said workshop, the City Council directed staff to implement the nine initiatives identified in the DRP Working Group's Summary Recommendations Report; and WHEREAS, the majority of Zoning Ordinance amendments contained herein implement one of the nine initiatives identified by the DRP Working Group. 2Q NOW THEREFORE, The City Council of the City of Carlsbad, California, does 21 22 SECTION I: That the legend of Table A of Section 21.07.020 of the Carlsbad 23 Municipal Code (E-A, Exclusive Agricultural Zone, Permitted Uses) is amended to read as 24 follows: 25 26 n the table, below, subject to all applicable permitting and development requirements of 27 the municipal code: Table A Permitted Uses 28 /// 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 "P" indicates use is permitted. (See note 6 below) "CUP" indicates use is permitted with approval of a conditional use permit. (See note 7 below) 1 = Minor Conditional Use Permit (Process One), pursuant to Chapter 21.42 of this tifie. 2 = Conditional Use Permit (Process Two), pursuant to Chapter 21.42 of this title. 3 = Conditional Use Permit (Process Three), pursuant to Chapter 21.42 of this title. "Acc" indicates use is permitted as an accessory use. SECTION II: That Table A of Section 21.07.020 of the Carlsbad Municipal Code (E-A, Exclusive Agricultural Zone, Permitted Uses) is amended to as follows: P CUP Acc Golf courses 3 SECTION III: That the legend of Table A of Section 21.08.020 of the Carlsbad Municipal Code (R-A, Residential Agricultural Zone, Permitted Uses) is amended to read as follows: Table A Permitted Uses In the table, below, subject to all applicable permitting and development requirements of the municipal code: "P" indicates use is permitted. (See note 7 below) "CUP" indicates use is permitted with approval of a conditional use permit. (See note 7 below) 1 = Minor Conditional Use Permit (Process One), pursuant to Chapter 21.42 of this title. 2 = Conditional Use Permit (Process Two), pursuant to Chapter 21.42 of this title. 3 = Conditional Use Permit (Process Three), pursuant to Chapter 21.42 of this title. "Acc" indicates use is permitted as an accessory use. SECTION IV: That Table A of Secfion 21.08.020 of the Carlsbad Municipal Code (R-A, Residential Agricultural Zone, Permitted Uses) is amended as follows: Use p CUP Jim Golf courses (see note 5, below) 3 SECTION V: That the legend of Table A of Section 21.09.020 of the Carlsbad Municipal Code (R-E, Rural Residential Estate Zone, Permitted Uses) is amended to read as follows: /// /// -2- 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Table A Permitted Uses In the table, below, subject to all applicable permitting and development requirements of the municipal code: "P" indicates use is permitted. (See note 6 below) "CUP" indicates use is permitted with approval of a conditional use permit. (See note 6 below) 1 = Minor Conditional Use Permit (Process One), pursuant to Chapter 21.42 of this title. 2 = Conditional Use Permit (Process Two), pursuant to Chapter 21.42 of this title. 3 = Conditional Use Permit (Process Three), pursuant to Chapter 21.42 of this title. "Acc" indicates use is permitted as an accessory use. SECTION VI: That Table A of Secfion 21.09.020 of the Carlsbad Municipal Code (R-E, Rural Residential Estate Zone, Permitted Uses) is amended as follows: P CUP Acc Golf courses 3 SECTION Vll: That the legend of Table A of Section 21.10.020 of the Carlsbad Municipal Code (R-1, One-Family Residential Zone, Permitted Uses) is amended to read as follows: Table A Permitted Uses In the table, below, subject to all applicable permitting and development requirements of the municipal code: "P" indicates use is permitted. (See note 4 below) "CUP" indicates use is permitted with approval of a conditional use permit. (See note 4 below) 1 = Minor Conditional Use Permit (Process One), pursuant to Chapter 21.42 of this title. 2 = Conditional Use Permit (Process Two), pursuant to Chapter 21.42 of this tifie. 3 = Conditional Use Permit (Process Three), pursuant to Chapter 21.42 of this title. "Acc" indicates use is permitted as an accessory use. SECTION VIII: That Table A of Section 21.10.020 of the Carlsbad Municipal Code (R-1, One-Family Residential Zone, Permitted Uses) is amended as follows: Use P CUP Acc Golf courses (see note 2, below) 3 •3- SECTION IX: That the legend of Table A of Section 21.12.020 of the Carlsbad Municipal Code (R-2, Two-Family Residential Zone, Permitted Uses) is amended to read as follows: Table A Permitted Uses In the table, below, subject to all applicable permitting and development requirements of the municipal code: 7 "P" indicates use is permitted. (See note 7 below) "CUP" indicates use is permitted with approval of a conditional use permit. (See note 7 o below) 1 = Minor Conditional Use Permit (Process One), pursuant to Chapter 21.42 of this title. 2 = Conditional Use Permit (Process Two), pursuant to Chapter 21.42 of this title. ^ ^ 3 = Conditional Use Permit (Process Three), pursuant to Chapter 21.42 of this title. "Acc" indicates use is permitted as an accessory use. 9 SECTION X: That Table A of Section 21.12.020 of the Carlsbad Municipal Code (R-2. Two-Family Residential Zone, Permitted Uses) is amended as follows: P Acc 1 Golf courses (see note 5. below) 3 SECTION XI: That the legend of Table A of Section 21.16.020 of the Carlsbad Municipal Code (R-3, Multiple-Family Residential Zone, Permitted Uses) is amended to read as follows: 11 12 13 14 15 16 17 18 Table A 19 Permitted Uses 20 below, subject to all applicable permitting and development requirements of the municipal code: 21 "P" indicates use Is permitted. (See note 7 below) 22 "CUP" indicates use is permitted with approval of a conditional use permit. (See note 7 below) 23 ^ = Minor Conditional Use Permit (Process One), pursuant to Chapter 21.42 of this title. 2 = Conditional Use Permit (Process Two), pursuant to Chapter 21.42 of this tifie. 24 3 = Conditional Use Permit (Process Three), pursuant to Chapter 21.42 of this title. "Acc" indicates use is permitted as an accessory use. 25 SECTION XII: That Table A of Section 21.16.020 of the Carlsbad Municipal 26 Code (R-3, Mulfiple-Family Residenfial Zone, Permitted Uses) is amended as follows- 27 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 ' 15 16 17 18 19 20 21 22 23 24 25 26 27 28 P CUP Acc GoU courses (see note 4, below) 3 SECTION XIII: That Table A of Section 21.18.020 of the Carlsbad Municipal Code (R-P. Residential Professional Zone. Permitted Uses) is amended to read as follows: Table A Uses Permitted When the R-P Zone Implements the "O" (Office) General Plan Land Use Designation In the table, below, subject to all applicable permitting and development requirements of the municipal code: "P" indicates use is permitted. (See note 2 below) "CUP" indicates use is permitted with approval of a conditional use permit. (See note 2 below) 1 = Minor Conditional Use Permit (Process One), pursuant to Chapter 21.42 of this title. 2 = Conditional Use Permit (Process Two), pursuant to Chapter 21.42 of this title. 3 = Conditional Use Permit (Process Three), pursuant to Chapter 21.42 of this title. "Acc" indicates use is permitted as an accessory use. Use P CUP Acc Accessory buildings/structures, which are customarily appurtenant to a permitted use (ex. incidental storage facilities)(see note 1, below)(defined: Section 21.04.020) X Banks/financial services (no drive-thru) X Biological habitat preserve (subject to Section 21.42.010(B)(30))(defined: Section 21.04.048) 2 Child day care center (subject to Chapter 21.83)(defined: Section 21.04.086) 1 Churches, synagogues, temples, convents, monasteries, and other places of worship 2 Clubs - nonprofit, business, civic, professional, etc. (defined: Section 21.04.090) 1 Delicatessen (defined: Section 21.04.106) X Educational facilities, other (defined: Section 21.04.137) 1 Educational institutions or schools, public/private (defined: Section 21.04.140) 2 Greenhouses (2,000 square feet maximum) X Greenhouses >2,000 square feet (subject to Secfion 21.42.140(B](70)i 1 Medical uses (excluding hospitals), including offices for medical practitioners, clinics, and incidental laboratories and pharmacies (prescription only) X Mobile buildings (subject to Section 21.42.140(B)(90))(defined: Section 21.04.265) 1 Office uses, (may include incidental commercial uses such a blueprint services, photocopy services and newsstands) X Packing/sorting sheds (600 square feet maximum) X -5- 1 2 3 4 5 6 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 p CUP Acc Packing/sorting sheds >600 square feet (subject to Section 21.42.140(B)(70)) 1 Parking facilifies (primary use)(i.e.. day use. short-term, non-storage) 1 Public/quasi-public buildings and facilifies and accessory utility buildings/facilities (defined: Section 21.04.297) 2 Radio/television/microwave/broadcast station/tower 2 Satellite TV antennae (subject to Secfion 21.53.130 through 21.53.150)(defined: Section 21.04.302) X Schools (business, vocational, and for such subjects as dance, drama, cosmetology, music, martial arts, etc.) X Services, provided directly to consumers, focusing on the needs of the local neighborhood, including, but not limited to, personal grooming, dry cleaning, and tailoring services 1 Signs, subject to Chapter 21.41 (defined: Section 21.04.305) X Temporary building./trailer (construction)(subject to Section 21.53.110) X Transit passenger terminals (bus and train) 2 Veterinary clinic/ animal hospital (small animals) (defined: Section 21.04.378) 1 Wireless communication facilities (subject to Section 21.42.140(B)(165))(defined: Section 21.04.379) 1/2 Notes: 1. Accessory uses shall be developed as an integral part of a permitted use within or on the same structure or parcel of land. 2. 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 XIV: That the legend of Table B of Section 21.18.020 of the Carlsbad Municipal Code (R-P, Residential Professional Zone, Permitted Uses) is amended to read as follows: Table B Uses Permitted When the R-P Zone Implements the "RMH" or "RH" General Plan Land Use Designations In the table, beiow, subject to all applicable permitting and development requirements of the municipal code: "P" indicates use is permitted. "CUP" indicates use is permitted with approval of a conditional use permit. 1 = Minor Conditional Use Permit (Process One), pursuant to Chapter 21.42 of this title. 2 = Conditional Use Permit (Process Two), pursuant to Chapter 21.42 of this title. 3 = Conditional Use Permit (Process Three), pursuant to Chapter 21.42 of this title. "Acc" indicates use is permitted as an accessory use. -6- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Um P CUP Acc Accessory buildings/structures (ex. garages, workshops, tool sheds, patio covers, decks, etc.)(see notes 1 and 2, below)(defined: Section 21.04.020) X Agricultural crops X Animal keeping (household pets)(subject to Secfion 21.53.084) X Animal keeping (wild animals)(subject to Section 21.53.085) X Bed and breakfasts (subject to Section 21.42.140{B)(25))(defined: Section 21.04.046) 1 Biological habitat preserve (subject to Section 21.42.140(B)(30))(defined: Section 21.04.048) 2 Child day care center (subject to Chapter 21.83)(defined: Section 21.04.086) 1 Churches, synagogues, temples, convents, monasteries, and other places of worship 2 Clubs - nonprofit; business, civic, professional, etc. (defined: Section 21.04.090) 1 Dwelling, one-family (see note 3, below)(defined: Section 21.04.125) X Dwelling, two-family (see note 4, below)(defined: Secfion 21.04.130) X Dwelling, mulfiple-family (subject to Section 21.53.120 if more than 4 units are proposed)(defined: Section 21.04.135) X Educational institutions or schools, public/private (defined: Section 21.04.140) 2 Family day care home (large)(subject to Chapter 21.83)(defined: Section 21.04.147) X Family day care home (small)(subject to Chapter 21.83)(defined: Section 21.04.148) X Farmworker housing complex, small (subject to Section 21.10.125)(defined: 21.04.148.4) X Greenhouses (2,000 square feet maximum) X Greenhouses >2,000 square feet (subject to Secfion 21.42.140(B)(70)) 1 Home occupation (subject to Section 21.10.040) X Housing for senior citizens (subject to Chapter 21.84) X Mobile buildings (subject to Section 21.42.140(B)(90))(defined: Section 21.04.265) 1 Mobile home (see note 3 and 5, below)(defined: Section 21.04.266) X Packing/sorting sheds (600 square feet maximum) X Packing/sorting sheds >600 square feet (subject to Section 21.42.140(B)(70)) 1 Parking facilities (primary use)(i.e., day use, short-term, non-storage) 1 Professional care facilities (defined: Section 21.04.295) 2 Public/quasi-public buildings and facilities and accessory ufility buildings/facilities (defined: Section 21.04.297) 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Us& P CUP Acc Residential care facilities (serving six or fewer persons) persons)(defined: Section 21.04.300) X Residential care facilities (serving more than six persons)(subject to Section 21.42.140(B)(125))(defined: Section 21.04.300) 2 Satellite TV antennae (subject to Section 21.53.130 through 21.53.150)(defined: Section 21.04.302) X Second dwelling unit (accessory to a one-family dwelling only),(subject to Section 21.10.030)(defined: Section 21.04.303) X Signs (subject to Chapter 21.41)(defined: Section 21.04.305) X Supportive housing (serving six or fewer persons)(defined: Section 21.04.355.1) X Supportive housing (serving more than six persons)(subject to Section 21.42.140(B)(125))(defined: Section 21.04.355.1) 2 Temporary bidg./trailer (real estate or construction), (subject to Sections 21.53.090 and 21.53.110) X Time-share projects (subject to Section 21.42.140(B)(155))(Section 21.04.357) 2 Transit passenger terminals (bus and train) 2 Transitional housing (sen/ing six or fewer persons)(defined: Section 21.04.362) X Transitional housing (sen/ing more than six persons)(subject to Section 21.42.140(B)(125))(defined: Secfion 21.04.362) 2 Wireless communication facilities (subject to Section 21.42.140(B)(165))(defined: Section 21.04.379) 1/2 Zoos (private)(subject to Section 21.42.140(B)(170))(defined: Section 21.04.400) 2 Notes: 1 Private garages (defined: Section 21.04.150) shall accommodate not more than two cars per dwelling unit. When associated with a two-family or multiple-family dwelling, accessory buildings shall not include guesthouses or accessory living quarters (defined: Section 21.04.165). One-family dwellings are permitted when developed as two or more detached units on one lot. Also, a single one-family dwelling shall be permitted on any legal lot that existed as of October 28, 2004, and which is designated and zoned for residential use. Any proposal to subdivide land or construct more than one dwelling shall be subject to the density and intent of the underlying residential land use designation. A two-family dwelling shall not be permitted within the RH land use designation. Mobile homes must be certified under the National Mobilehome Construction and Safety Standards Act of 1974 (42 U.S.C Section 5401 et. seq.) on a foundation system pursuant to Secfion 18551 of the State Health and Safety Code. -8- SECTION XV: That the legend of Table A of Section 21.20.010 of the 2 Cartsbad Municipal Code (R-T. Residential Tourist Zone. Permitted Uses) is amended to read 3 as follows: 4 Table A Permitted Uses 5 In the table, below, subject to all applicable permitting and development requirements of 6 the municipal code: 7 "P" indicates use is permitted. (See note 2 below) "CUP" indicates use is permitted with approval of a conditional use permit. (See note 2 8 below) 1 = Minor Conditional Use Permit (Process One), pursuant to Chapter 21.42 of this title. 9 2 = Conditional Use Permit (Process Two), pursuant to Chapter 21.42 of this title. 3 = Conditional Use Permit (Process Three), pursuant to Chapter 21.42 of this title. "Acc" indicates use is permitted as an accessory use. SECTION XVI: That Table A of Section 21.20.010 of the Carlsbad Municipal Code (R-T. Residential Tourist Zone, Permitted Uses) is amended as follows: Use P CUP Acc Hotels and Motels (subject to Section 21.42.140(B)(80)) 3 Golf courses 3 SECTION XVII: That the legend of Table A of Section 21.22.020 of the Carlsbad Municipal Code (R-W. Residenfial WatenA/ay Zone. Permitted Uses) is amended to read as follows: 11 12 13 14 15 16 17 18 Table A 19 Permitted Uses 20 below, subject to all applicable permitting and development requirements of the municipal code: 21 P" indicates use is permitted. (See note 7 below) 22 "CUP" indicates use is permitted with approval of a conditional use permit. (See note 7 below) 23 = Minor Conditional Use Permit (Process One), pursuant to Chapter 21.42 of this title. 2 = Conditional Use Permit (Process Two), pursuant to Chapter 21.42 of this title. 24 3 = Conditional Use Permit (Process Three), pursuant to Chapter 21.42 of this title. "Acc" indicates use is permitted as an accessory use. 25 SECTION XVII: That Table A of Section 21.22.020 of the Carisbad Municipal 26 Code (R-W, Residential Waterway Zone, Permitted Uses) is amended as follows- 27 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Use P CUP Acc Golf courses (see note 5 below) 3 SECTION XVIII: That the legend of Table A of Section 21.24.020 of the Carisbad Municipal Code (RD-M, Residential Density-Multiple Zone, Permitted Uses) is amended to read 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 = Minor Conditional Use Permit (Process One), pursuant to Chapter 21.42 of this tifie. 2 = Conditional Use Pennit (Process Two), pursuant to Chapter 21.42 of this tifie. 3 = Conditional Use Permit (Process Three), pursuant to Chapter 21.42 of this title. "Acc" indicates use is permitted as an accessory use. SECTION XIX: That Table A of Section 21.24.020 of the Carisbad Municipal Code (RD-M, Residential Density-Multiple Zone, Permitted Uses) is amended as follows: Um P CUP Acc Golf courses (see note 4 below) 3 SECTION XX: That the Intent and Purpose of Secfion 21.25.010(1) of the Carlsbad Municipal Code (C-F, Community Zone) is amended to read as follows: The intent and purpose of the C-F, Community Facilities, zone is: (1) To ensure that all master plans and residential specific plans (i.e., specific plans which include residential units) reserve community facility sites of adequate size for uses which benefit the community as a whole by satisfying social/religious/institutional/human service needs; SECTION XXI: That Table A of Section 21.25.040 of the Carisbad Municipal Code (C-F, Community Facilities Zone, Permitted Uses) is amended to read as follows: /// /// -10- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 = Minor Conditional Use Permit (Process One), pursuant to Chapter 21.42 of this title. 2 = Conditional Use Permit (Process Two), pursuant to Chapter 21.42 of this title. 3 = Conditional Use Permit (Process Three), pursuant to Chapter 21.42 of this title. "Acc" indicates use is permitted as an accessory use. Use P CUP Acc Adult and/or senior day care and/or recreation facility (private or non-private) 1 Athletic fields 2 Child day care center (subject to Chapter 21.83)(defined: Section 21.04.086) X Churches, synagogues, temples, convents, monasteries, and other places of worship 2 Clubs - nonprofit, business, civic, professional, etc. (defined: Secfion 21.04.090) 1 Educational institutions or schools, public/private (defined: Section 21.04.140) 2 Mobile buildings (subject to Section 21.42.140(B)(90))(defined: Secfion 21.04.265) 1 Office area (see note 2 below) X Religious reading room (separate from church) 1 Satellite television antennae (subject to Sections 21.53.130 through 21.53.150)(defined: Section 21.04.302) X Signs (subject to Chapter 21.41) X Veterans' organizations (including meeting facilities) 1 Welfare and charitable service organizations (private or semi-private) with no permanent residential uses (e.g., Good Will, Red Cross, Traveler's Aid) 1 Wireless communication-facilities (subject to Section 21.42.140 (B)(165))(defined: Section 21.04.379) 1/2 Youth organizations (e.g.. Boy Scouts, Giri Scouts, Boys and Giris Clubs, YMCA and YWCA, except lodgings) 1 Notes: 1 2. Any use meeting the definition of an entertainment establishment, as defined in Section 8.09.020 of the Carisbad Municipal Code (CMC), shall be subject to the requirements of CMC Chapter 8.09. 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. -11- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION XXII: That Table A of Section 21.26.010 of the Carlsbad Municipal Code (C-1, Neighborhood Commercial Zone, Permitted Uses) is amended to read 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 = Minor Conditional Use Permit (Process One), pursuant to Chapter 21.42 of this title. 2 = Conditional Use Permit (Process Two), pursuant to Chapter 21.42 of this tifie. 3 = Conditional Use Permit (Process Three), pursuant to Chapter 21.42 of this title. "Acc" indicates use is permitted as an accessory use. P CUP Acc Accountants X Adult and/or senior daycare and/or recreation facility (private/non-private) 1 Alcoholic treatment centers 2 Amusement parks 3 Arcades - coin-operated (subject to Section 21.42.140(B)(15))(defined: Section 21.04.091) 1 Athletic clubs, gymnasiums, health clubs, and physical conditioning businesses X Attorneys X Banks and other financial institutions without drive-thru facilities X Bakeries X Barbershops or beauty parlors X Biological habitat preserve (subject to Section 21.42.140(B)(30))(defined: Section 21.04.048) 2 Book or stationery stores X Child day care centers, subject to the provisions of Chapter 21.83 of this title X Churches, synagogues, temples, convents, monasteries, and other places of worship 2 Clubs - nonprofit, business, civic, professional, etc. (defined: Section 21.04.090) 1 Columbariums, mausoleums, and mortuaries (not within a cemetery) 2 Delicatessen (defined: Section 21.04.106) X Doctors, dentists, optometrists, chiropractors and others practicing the healing arts for human beings, and related uses such as oculists, pharmacies (prescription only), biochemical laboratories and x-ray laboratories X Dress-making or millinery shops X •12- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 U^ P CUP Acc Drive-thru facility (excluding restaurants) 1 Drugstores X Dry goods or notion stores X Educational facilities, other (defined: Section 21.04.137) X Educational institutions or schools, public/private (defined: Section 21.04.140) 2 Engineers, architects and planners X Fairgrounds 3 Farmworker housing complex, small (subject to Section 21.10.25)(defined: Section 21.04.148.4) 1 Florist shops X Fortunetellers, as defined in Section 5.50.010(c) X Gas stations (subject to Section 21.42.140(B)(65)) 2 Greenhouses >2,000 square feet (subject to Section 21.42.140(B)(70)) 1 Grocery or fruit stores X Hardware stores X Hospitals (defined: Section 21.04.170) 2 Hospitals (mental)(defined: Section 21.04.175) 2 Hotels and motels (subject to Section 21.42.140(B)(80)) 3 Institutions of a philanthropic or eleemosynary nature, except correctional or mental X Jewelry stores X Laundries or clothes cleaning agencies X Laundromats X Liquor store (subject to Section 21.42.140(B)(85))(defined: Section 21.04.203) 2 Meat markets X Mobile buildings (subject to Secfion 21.42.140(B)(90))(defined: Section 21.04.265) 1 Outdoor dining (incidental) (subject to Section 21.26.013)(defined: Section 21.040.290.1) X Packing/sorting sheds >600 square feet (subject to Section 21.42.140(B)(70)) 1 Paint stores X Parking facilities (primary use)(i.e., day use, short-term, non-storage) 1 Pawnshops (subject to Section 21.42.140(B)(105)) 3 Pet supply shops X Pool halls, billiards pariors (subject to Section 21.42.(B)(110))(defined: Section 21.04.292) 2 Private clubs, fraternifies, sororities and lodges, excepting those where the chief activity is a service customarily carried on as a business X Public meeting halls, exhibit halls, and museums 2 Public/quasi-public buildings and facilities and accessory utility buildings/facilities (defined: Section 21.04.297) 2 Racetracks 3 Radio/television/microwave/broadcast station/tower 2 Realtors X -13- 1 2 3 4 5 6 7 8 9 10 11 .12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Use P CUP Acc Recreation facilities 1 Recycling collection facilities, large (subject to Chapter 21.105)(defined: Section 21.105.015) 2 Recycling collection facilities, small (subject to Chapter 21.105)(defined: Secfion 21.105.015) 1 Religious reading room (separate from church) 1 Residential uses (subject to Section 21.26.015 of this title) X Restaurants (bona fide public eating establishment)(defined: Section 21.04.056) X Restaurants (excluding drive-thru restaurants), tea rooms or cafes (excluding dancing or entertainment and on-sale liquor) X Satellite television antennae (subject to Section 21.53.130 through 21.53.150)(defined: Section 21.04.302) X Shoe stores or repair shops X Signs (subject to Chapter 21.41) X Stadiums 3 Tailors, clothing or wearing apparel shops X Tattoo pariors (subject to Section 21.42.140(B)(140)) 3 Theaters (motion picture or live) - indoor 2 Theaters, stages, amphitheaters - outdoor 3 Thrift shops (subiect to Section 21.42.140(B)(150)) 1 Transit passenger terminals (bus and train) 2 Veterinary clinic/animal hospital (small animals)(defined: Section 21.04.378) 1 Welfare and charitable service (private or semi-private) with no permanent residential uses (i.e., Good Will, Red Cross, Traveler's Aid) 1 Windmills (exceeding height limit of zone)(subject to Section 21.42.140(B)(160)) 2 Wireless communication facilities (subject to Section 21.42.140(B)(165))(defined: Section 21.04.379) 1/2 Youth organizations (e.g.. Boy Scouts, Giri Scouts, Boys and Girls Clubs, YMCA, YWCA, except lodgings 1 Notes: 1. Any use meeting the definition of an entertainment establishment, as defined in Section 8.09.020 of the Carisbad Municipal Code (CMC), shall be subject to the requirements of CMC Chapter 8.09. SECTION XXIIi: That Table A of Section 21.27.020 of the Carisbad Municipal Code (O, Office Zone, Permitted Uses) is amended to read 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) -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 "CUP" indicates that the use is permitted with approval of a conditional use permit. (See note 1 below) 1 = Minor Conditional Use Permit (Process One), pursuant to Chapter 21.42 of this title. 2 = Conditional Use Permit (Process Two), pursuant to Chapter 21.42 of this title. 3 = Conditional Use Permit (Process Three), pursuant to Chapter 21.42 of this title. "Acc" indicates use is permitted as an accessory use. U^ P CUP Acc Accountants X Administrative and executive offices X Advertising agencies X Alcoholic treatment centers 2 Architects, planners and engineers X Athletic clubs, gymnasiums, health clubs, and physical conditioning businesses 1 Attorneys X Banks and other financial institutions without drive-thru facilities X Biological habitat preserve (subject to Section 21.42.140(B)(30))(defined: Section 21.04.048) 2 Child day care center (subject to Chapter 21.83)(defined: Section 21.04.086) X Churches, synagogues, temples, convents, monasteries, and other places of worship 2 Clubs - non-profit, business, civic, professional, etc. (defined: Section 21.04.090) 1 Commercial artists X Company and corporate headquarters X Delicatessen (defined: Section 21.04.106) X Dentists, doctors, chiropractors and other incidental related uses such as pharmacies (prescription only), biochemical, x-ray laboratories, medical offices and clinics (excluding hospitals) X Drive-thru facility (excluding restaurants) 1 Educational facilities, other (defined: Section 21.04.137) 1 Educational institutions or schools, public/private (defined: Section 21.04.140) 2 Electronic data processing and record keeping services X Fairgrounds 3 Farmworker housing complex, small (subject to Section 21.10.125)(defined: Section 21.04.148.4) 1 General contractor (offices only, no equipment or material storage) X Government offices X Greenhouses >2,000 square feet (subject to Secfion 21.42.140(B)(70)) 1 Hospitals (defined: Section 21.04.170) 2 Hospitals {mental)(defined: Section 21.04.175) 2 Hotels and motels (subject to Section 21.42.140(B)(80)) 3 Insurance agencies and services X Labor union offices (no hiring halls) X •15- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Use P CUP Acc Management consultants X Mobile buildings (subject to Section 21.42.140(B)(90))(defined: Section 21.04.265) 1 Offices, business and professional, including incidental commercial facilities such as blueprint and photocopy shops and duplicating sen/ices X Outdoor dining (incidental)(subject to Section 21.26.013)(defined: Section 210.04.290.1) X Packing/sorting sheds >600 square feet (subject to Section 21.42.140(B)(70)) 1 Parking facilifies (primary use)(i.e., day use, short-term, non-storage) 1 Photographers X Public meeting halls, exhibit halls, and museums 2 Public/quasi-public buildings and facilities and accessory utility buildings/facilities (defined: Secfion 21.04.297) 2 Radio/television/microwave/broadcast station/tower 2 Real estate and related services X Recreation facilities 1 Restaurants (bona fide public eating establishment)(defined: Section 21.04.056) 1 Satellite television antennae (subject to Sections 21.53.130 through 21.53.150) X Signs (subject to this chapter and Chapter 21.41) X Stadiums 3 Stockbrokers X Title and trust companies X Transit passenger terminals (bus and train) 2 Travel agencies X Veterinary clinic/animal hospital (small animals)(defined: Section 21.04.378) 1 Windmills (exceeding height limit of zone)(subject to Section 21.42.140(B)(160)) 2 Wireless communication facilities (subject to Section 21.42.140(B)(165))(defined: Section 21.04.379) 1/2 Notes: 1. Any use meeting the definition of an entertainment establishment, as defined in Section 8.09.020 of the Carisbad Municipal Code (CMC), shall be subject to the requirements of CMC Chapter 8.09. SECTION XXIV: That Table A of Section 21.28.010 of the Carisbad Municipal Code (C-2, General Commercial Zone, Permitted Uses) is amended to read as follows: Table A Uses Permitted In the table, below, subject to all applicable permitting and development requirements of the municipal code: -16- 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 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 = Minor Conditional Use Permit (Process One), pursuant to Chapter 21.42 of this tifie. 2 = Conditional Use Permit (Process Two), pursuant to Chapter 21.42 of this tifie. 3 = Conditional Use Permit (Process Three), pursuant to Chapter 21.42 of this fitle. "Acc" indicates use is permitted as an accessory use. Um . P CUP 1 Acc Adult and/or senior day care and/or recreation facility (private or non-private) 1 Alcoholic treatment centers 2 Amusement parks 3 Any use permitted in the C-1 zone X Aquaculture (defined: Section 21.04.036) 1 Aquaculture stands (display/sale)(subject to Section 21.42.140(B)(10)) 1 Arcades - coin-operated (subject to Section 21.42.140(B)(15))(defined: Section 21.04.091) 1 Athletic clubs, gymnasiums, health clubs, and physical conditioning businesses X Auto repair X Bars, cocktail lounges (subject to Section 21.42.140(B)(20)) (defined: Section 21.04.041) (see note 1 below) 2 Biological habitat presen/e (subject to Section 21.42.140(B)(30)) (defined: Section 21.04.48) 2 Blueprinting, photocopying, and duplicating services X Bowling alley (subject to Section 21.42.140(B)(40))(defined: Section 21.040.057) 1 Breweries with retail accessory use, including tasting rooms 3 Car wash (subject to Section 21.42.140(B)(45)) 1 Churches, synagogues, temples, convents, monasteries, and other places of worship 2 Clubs - nonprofit, business, civic, professional, etc. (defined: Section 21.04.090) 1 Columbariums and mausoleums (not within a cemetery) 2 Commercial printing and photoengraving X Delicatessen (defined: Section 21.04.106) X Drive-thru facilities (excluding restaurants) 1 Educational facilities, other (defined: Section 21.04.137) X Educational institutions or schools, public/private (defined: Section 21.04.140) 2 Fairgrounds 3 Farmworker housing complex, small (subject to Section 21.10.125)(defined: 21.04.148.4) 1 Gas stations (subject to Section 21.42.140(B)(65)) 2 Greenhouses > 2,000 square feet (subject to Section 21.42.140(B)(70)) 1 Hospitals (defined: Section 21.04.170) 2 Hospitals {mental)(defined: Section 21.04.175) 2 Hotels and motels (subject to Section 21.42.140(B)(80)) 3 •17- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Use P CUP Acc Liquor store (subject to Section 21.42.140(B)(85))(def ined: Section 21.04.203) 1 Mobile buildings (subject to Section 21.42.140(B)(80))(defined: Section 21.04.265) 1 Mortuaries 2 Nightclubs, dance clubs, and other establishments that play live or recorded music or make regular use of amplified sound (see note 1 below) 3 Outdoor dining (incidental)(subject to Section 21.26.013)(defined: Section 21.04.290.1) X Packing/sorting sheds > 600 square feet (subject to Section 21.42.140(B)(70)) 1 Parking facilities (primary use)(i.e., day uses, short-tenn, non- storage) 1 Pawnshops (subject to Section 21.42.140(B)(105)) 3 Pet shops X Pool halls, billiard parlors (subject to Section 21.42.140(B)(110)) (defined: Section 21.04.292) 1 Public meeting halls, exhibit halls, and museums 2 Public/quasi-public buildings and facilifies and accessory utility buildings/facilities (defined: Section 21.04.297) 2 Racetracks 3 Radio/television/microwave/broadcast station/tower 2 Recreafion facilities 1 Recycling collection facilities, large (subject to Chapter 21.105)(defined: Section 21.105.015) 2 Recycling collection facilities, small (subject to Chapter 21.105)(defined: Secfion 21.105.015) 1 Religious reading room 1 Residential uses (subject to Section 21.28.015 of this title) X Retail, wholesale, or service businesses catering directly to the consumer X Satellite television antennae (subject to Sections 21.53.130 through 21.53.140)(defined: Section 21.04.302) X Signs (subject to Chapter 21.41) X Stadiums 3 Tattoo parlors (subject to Section 21.42.140(B)(150)) 3 Theaters (motion picture or live) - indoor 2 Theaters, stages, amphitheaters - outdoor 3 Thrift shops (subject to Section 21.42.140(B)(150)) 1 Transit passenger terminals (bus and train) 2 Upholstering shops X Veterinary clinic/animal hospital (small animals)(defined: Section 21.04.378) 1 Welfare and charitable services (private or semi-private) with no permanent residential uses (e.g., Good Will, Red Cross, Traveler's Aid) 1 Windmills (exceeding height limit of zone)(subject to Section 21.42.140(B)(160)) 2 -18- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Use P CUP j Acc Wireless communication facilities (subject to Section 21.42.140(B)(165)) 1/2 Youth organizations (e.g.. Boy Scouts, Girl Scouts. Boys and Giris Clubs, YMCA, YWCA, except lodgings 1 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. SECTION XXV: That Table A of Section 21.30.010 of the Carisbad Municipal Code (C-M, Heavy Commercial- Limited Industrial Zone. Permitted Uses) is amended to read as follows: Table A Uses Permitted In the table, below, subject to all applicable permitting and development requirements of the municipal code: "P" indicates the use is permitted. (See notes 2 and 3 below) "CUP" indicates that the use is permitted with approval of a conditional use permit. (See notes 2 and 3 beiow) 1 = Minor Conditional Use Permit (Process One), pursuant to Chapter 21.42 of this tifie. 2 = Conditional Use Permit (Process Two), pursuant to Chapter 21.42 of this tifie. 3 = Conditional Use Permit (Process Three), pursuant to Chapter 21.42 of this title. "Acc" indicates use is permitted as an accessory use. Um P CUP Ace Adult businesses (subject to Chapter 21.43 of this title, and Chapter 8.60 of CMC Title 8) X Airports 3 Alcoholic treatment centers 2 Amusement parks 3 Any use permitted in other commercial zones is permitted in the C-M zone (with exceptions as set out in note 1 below) X Aquaculture (defined: Section 21.04.091) 1 Aquaculture stands (display/sale)(subject to Section 21.42.140.B.10 1 Arcades - coin-operated (subject to Section 21.42.140(B)(15))(defined: Section 21.04.091) 1 Assembly of electrical appliances such as: (A) electronic instruments and devices, (B) radios and phonographs, including manufacture of small parts, such as coils X Auction houses or stores X Auto storage/impound yards (i.e., overnight product storage) 2 Biological habitat preserve (subject to Section 21.42.140(B)(30))(defined: Section 21.04.048) 2 -19- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Use P CUP Acc Boat building (limited to those craft which may be transported over a state highway without permit) X Body and fender works, including painting X Book printing and publishing X Bookbinding X Bowling alley (subject to Section 21.42.140(B)(35))(defined: Secfion 21.04.057) 1 Breweries X Breweries with retail accessory use, including tasting rooms, up to 20% of the gross floor area of the building or suite (as applicable) or 2,000 square feet, whichever is less (see Note 4 below) 3 Building material storage yards X Cabinet shops X Carpet cleaning plants X Ceramic products, manufacture of, using only previously pulverized clay and kilns fired only by electricity or low pressure gas X Child day care center (subject to Chapter 21.83)(defined: Section 21.04.086) 2 Churches, synagogues, temples, convents, monasteries, and other places of worship 2 Cleaning and dyeing plants X Clubs - nonprofit, business, civic, professional, etc. (defined: Section 21.04.090) 1 Columbariums and mausoleums (not within a cemetery) 2 Delicatessen (defined: Section 21.04106) X Drive-thru facilities (excluding restaurants) 1 Dwelling on the same lot which a factory is located when such dwelling is used exclusively by a caretaker or superintendent of such factory and his family. When such dwelling is established, all required yards in the R-3 zone shall be maintained. X Educafional facilities, other (defined: Section 21.04.137) 1 Educational institutions or schools, public/private (defined: Secfion 21.04.140) 2 Fairgrounds 3 Farmworker housing complex, small (subject to Section 21.10.125)(defined: 21.04.148.4) 1 Feed and fuel yards X Frozen food lockers X Gas stations (subject to Secfion 21.42.140(B)(65)) 2 Glass studios, staining, edging, beveling and silvering in connection with sale of mirrors and glass for decorating purposes X Greenhouses > 2,000 square feet (subject to Secfion 21.42.140(B)(70)) 1 Hazardous waste facility (subject to Secfion 21.42.140(B)(75)) (defined: Section 21.04167) 3 -20- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Use P CUP Acc Hospital, industrial emergency (not full hospital or mental hospital) X Kennels (defined: Section 21.04.195) 1 Laboratories, experimental, motion picture, testing X Laundries X Lumber yards (no planing mills and burners) X Machine shops X Mini-warehouses/self-storage 2 Mobile buildings (subject to Section 21.42.140(B)(90))(defined: Section 21.04.265) 1 Mortuaries 2 Musical instruments, manufacture of X Newspaper/periodical printing and publishing X Oil and gas facilities (on-shore)(subject to Section 21.42.140(B)(70)) 3 Outdoor dining (incidental)(subject to Section 21.26.013)(defined: Section 21.04.290.1) X Packing/sorting sheds > 600 square feet (subject to Section 21.42.140(B)(70)) 1 Parcel service delivery X Parking facilities (primary use)(i.e., day use, short-term, non- storage) 1 Pawnshops (subject to Section 21.42.140(B)(105)) 3 Plumbing shops and plumbing shop supply yards X Pool halls, billiard pariors (subject to Section 21.42.140(B)(110)) (defined: Section 21.04.292) 2 Public scales X Public/quasi-public buildings and facilities and accessory utility buildings/facilities (defined: Section 21.04.297) 2 Racetracks 3 Radio/television/microwave/broadcast station/tower 2 Recreation facilities 1 Recreational vehicle storage (subject to Section 21.42.140(B)(120))(defined: Section 21.04.299) 1 Recycling collection facilities, large (subject to Chapter 21.105)(defined: Section 21.105.015) 2 Recycling collection facilities, small (subject to Chapter 21.105)(defined: Section 21.105.015) 1 Recycling process/transfer facility 2 Restaurants (bona fide public eating establishment) (defined: Section 21.04.056) 1 Satellite antennae (>1 per use)(defined: Section 21.04.302) 1 Satellite television antennae (subject to Secfions 21.53.130 through 21.53.140)(defined: Section 21.04.302) X Sheet metal shops X Signs (subject to Chapter 21.41) X Stadiums 3 Tattoo pariors (subject to Section 21.42.140(B)(140)) 3 Theaters (motion picture or live) - indoor 2 Thrift shops (subject to Section 21.42.140(B)(150)) 1 -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 Um \ P CUP Acc Tire rebuilding, recapping and retreading X Transit passenger terminals (bus and train) 2 Transit storage (ex. rolling stock) 2 Veterinary clinic/animal hospital (small animals)(defined: Secfion 21.04.378) 1 Wholesale businesses, storage buildings and warehouses X Windmills (exceeding height limit of zone)(subject to Section 21.42.140(B)(160)) 2 Wireless communicafion facilities (subject to Section 21.42.140(B)(165))(defined: Section 21.04.379) 1/2 Notes: 1. 2. Any use permitted in the commercial zones is allowed in the C-M zone, except: (A) Hotels and motels, (B) Hospitals (however, industrial emergency hospitals are permitted), (C) Residential care facilities. (D) Professional care facilities, (E) Private clubs, fraternities, sororities and lodges, excepting those the chief activity of which is a service customarily carried on as a business, (F) Institufions of a philanthropic or eleemosynary nature, including correctional and mental. Any use meeting the definition of an entertainment establishment, as defined in Section 8.09.020 of the Carisbad Municipal Code (CMC), shall be subject to the requirements of CMC Chapter 8.09. For properties which are located within the boundaries of the Carisbad Research Center (CRC) Specific Plan, please refer to the CRC Specific Plan for a list of allowable uses, setback requirements, etc. The retail use shall be accessory to the permitted use and wholly contained within the building. All products for retail sale shall be produced, distributed, and/or warehoused on the premises. No outdoor display of merchandise or retail sales shall be permitted unless customarily conducted in the open. Parking for the accessory retail use shall be determined based on the parking requirement for the primary use pursuant to CMC Chapter 21.44. SECTION XXVI: That Table A of Section 21.31.030 of the Carisbad Municipal Code (C-L, Local Shopping Center Zone, Permitted Uses) is amended to read 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 5 below) "CUP" indicates that the use is permitted with approval of a conditional use permit. (See note 5 below) 1 = Minor Conditional Use Permit (Process One), pursuant to Chapter 21.42 of this tifie. 2 = Conditional Use Permit (Process Two), pursuant to Chapter 21.42 of this title. 3 = Conditional Use Permit (Process Three), pursuant to Chapter 21.42 of this title. "Acc" indicates use is permitted as an accessory use. -22- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Um P CUP Acc Accessory buildings/structures, which are customarily appurtenant to a permitted use (ex. incidental storage facilities (see note 1 below)(defined: Secfion 21.04.020) X Adult and/or senior day care and/or recreation facility (private or non-private) 1 Alcoholic treatment center 2 Arcades - coin-operated (subject to Section 21.42.140(B)(15)){defined: Section 21.04.041) 1 Athletic clubs, gymnasiums, and health clubs X Banks and other financial institutions without drive-thru facilities X Bars, cocktail lounges (subject to Section 21.42.140(B)(20))(defined: Section 21.04.041) 2 Biological habitat presen/e (subject to Section 21.42.140(B)(30))(defined: Secfion 21.04.048) 2 Bowling alley (subject to Section 21.42.140(B)(35))(defined: Section 21.04.057) 1 Breweries with retail accessory use, including tasfing rooms 3 Carwash (subjectto Section 21.42.140(B)(45)) 1 Child day care centers (subject to Chapter 21.83)(defined: Secfion 21.04.086) X Clubs - nonprofit, business, civic, professional, etc. (defined: Section 21.04.090) 1 Delicatessen (defined: Section 21.04.106) X Drive-thru facilities (excluding restaurants) 1 Drug paraphernalia store (subject to Section 21.42.140(B)(55)) 3 Educational facilities, other (defined: Section 21.04.137)(see note 2 below) X Escort service (subject to Section 21.42.140(B)(60))(defined: Secfion 21.04.141) 3 Farmworker housing complex, small (subject to Section 21.10.125)(defined: Section 21.04.148.4) 1 Gas stations (subject to Section 21.42.140(B)(65)) 2 Greenhouses > 2,000 square feet (subject to Secfion 21.42.130(B)(70)) 1 Kiosks, vending carts, and push carts X Liquor store (subject to Section 21.42.140(B)(85))(defined: Section 21.04.203) 1 Manufacturing/fabrication of goods (ancillary)(subject to Secfion 21.31.070)(see note 1 below) X Medical uses (excluding hospitals), including offices for medical practitioners, clinics, incidental laboratories, and pharmacies (prescription only) X Mobile buildings (subject to Section 21.42.140(B)(90))(defined: Section 21.04.265) 1 News/magazine stands (see note 1 below) X Nightclubs, dance clubs, and other establishments that play live or recorded music or make regular use of amplified sound 3 -23- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Um P CUP Acc Office uses, that provide services directly to consumers, including, but not limited to, banking, financial, insurance, and real estate services (see note 3 below) X Outdoor dining (incidental)(subject to Section 21.26.013)(defined: Section 21.04.290.1) X Outdoor sales of seasonal agricultural goods (Christmas trees, pumpkins, and similar products)(subject to Section 21.31.060.B) (see note 1, below) X Packing/sorting sheds > 600 square feet (subject to Section 21.42.140(B)(70)) 1 Pet shops/pet supplies X Plant nurseries and nursery supply 1 Pool halls, billiard pariors (subject to Section 21.42.140(B)(110))(defined: Section 21.04.292) 2 Public meeting halls, exhibit halls, and museums 2 Public/quasi-public buildings and facilifies and accessory utility buildings/facilities (defined: Section 21.04.297) 2 Radio/television/microwave/broadcast station/tower 2 Recreation facilities 1 Recycling collection facilities, large (subject to Chapter 21.105)(defined: Section 21.105.015) 2 Recycling collection facilities, small (collection, temporary storage)(subject to Chapter 21.105; see also Secfion 21.31.080 of this chapter)(defined: Section 21.105.015) 1 Recycling, reverse vending machine (subject to Chapter 21.105)(defjned: Section 21.105.015)(see note 1 below) X Religious reading room (separate from church) 1 Residential uses (subject to Secfion 21.31.065 of this titlej X Restaurants, cafes, and coffee shops, including take-out only service (excluding drive-thru) X Retail uses that provide goods sold directly to consumers, and focusing on the needs of the local neighborhood, including sales of liquor (see note 4 below) X Satellite television antennas (subject to Sections 21.53.130 through 21.53.150)(defined: Section 21.04.302) X Services, provided directly to consumers, and focusing on the needs of the local neighborhood, including, but not limited to, personal grooming, dry cleaning, and tailoring sen/ices X Signs (subject to Chapter 21.41) X Temporary building/trailer (construction)(subject to Section 21.53.110) X Theaters (motion picture or live) - indoor 2 Theaters, stages, amphitheaters, outdoor 3 Thrift shops (subject to Section 21.42.140(B)(150)) 1 Veterinary clinic/animal hospital (small animals)(defined: Section 21.04.378) 1 Welfare and charitable services (private or semi-private) with no permanent residential uses (e.g., Good Will, Red Cross, Traveler's Aid) 1 Youth organizations (e.g.. Boy Scouts, Giri Scouts, Boys and Giris Clubs, YMCA, YWCA, except lodgings 1 -24- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Use P CUP Acc Wireless communication facilities (subject to Section 21.42.140(B)(165))(defined: Secfion 21.04.379) 1/2 Notes: 1. 2. 3. 5. Accessory buildings and structures and ancillary uses shall be developed as an integral part of a permitted use within or on the same structure or parcel of land. Educafional facilities, other. No individual educational facility shall occupy more than ten thousand square feet of gross leasable fioor area within any local shopping center. Offices. The total floor area of an office uses shall not exceed forty percent of the gross leasable floor area within any local shopping center. Retail sales may also include those types of goods and services that are typically offered by "community" retail establishments. When "community" retail establishments are included in a local shopping center, they shall be subject to the following: the definition of a local shopping center, Secfion 21.31.020, and the funcfion of the local shopping center land use class as described in the Carisbad general plan. 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 XXVll: That Table A of Section 21.32.010 of the Carisbad Municipal Code (M, Industrial Zone. Permitted Uses) is amended to read as follows: Table A Permitted Uses In the table, below, subject to all applicable permitfing 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 = Minor Conditional Use Permit (Process One), pursuant to Chapter 21.42 of this tifie. 2 = Conditional Use Permit (Process Two), pursuant to Chapter 21.42 of this title. 3 = Conditional Use Permit (Process Three), pursuant to Chapter 21.42 of this title. "Acc" indicates use is permitted as an accessory use. Use P GUP Acc Adult businesses (subject to Chapter 21.43 of this title, and Chapter 8.60 of CMC Title 8) X Airports 3 Alcoholic treatment centers 2 Any industrial use not specifically permitted herein may be considered by the City Planner. X Any use permitted in the C-1, C-2 and C-M zones is permitted in the M zone, except child day care centers X Aquaculture (defined: Section 21.04.036) 1 Aquaculture stands (display/sale)(subject to Section 21.42.140(B)(10)) 1 Auto storage/impound yards (i.e., overnight product storage) 2 Auto wrecking yards (defined: Section 21.04.040) 2 -25- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Use P CUP Acc Automobile painting. All painting, sanding and baking shall be wholly conducted within a building. X Bakeries X Biological habitat presen/e (subject to Section 21.42.140(B)(30))(defined: Section 21.04.048 2 Body and fender work, including painfing X Book printing and publishing X Bookbinding X Bottling plants X Breweries X Breweries with retail accessory use, including tasting rooms, up to 20% of the gross floor area of the building or suite (as applicable) or 2,000 square feet, whichever is less (see Note 2 below) 3 Churches, synagogues, temples, convents, monasteries, and other places of worship 2 Clubs - nonprofit, business, civic, professional, etc.) (defined: Section 21.04.090) 1 Columbariums, crematories, and mausoleums (not within a cemetery) 2 Creameries X Dairy products manufacture X Delicatessen (defined: Section 21.04.106) X Draying, freighting or trucking yards or terminals X Drive-thru facilities (excluding restaurants) 1 Dumps (public)(defined: Section 21.04.110) 3 Educational facilifies, other (defined: Secfion 21.04.137) 1 Educational institutions or schools, public/private (defined: Secfion 21.04.140) 2 Electric or neon sign manufacture X Emergency Shelter, no more than 30 beds or persons (subject to Section 21.32.070)(defined: Section 21.04.140.5) X Emergency Shelter, more than 30 beds or persons (subject to Section 21.32.070)(defined: Section 21.04.140.5) 3 Fairgrounds 3 Farmworker housing complex, large (subject to Section 21.10.125)(defined: Section 21.04.148.3) 3 Farmworker housing complex, small (subject to Section 21.10.125)(defined: Section 21.04.148.4) X Feed and fuel yards X Food products manufacture, storage, and process of, except lard, pickles, sauerkraut, sausage or vinegar X Fruit and vegetable canning, presen/ing, and freezing X Fruit packing houses X Furniture manufacture X Garment manufacturers X Gas stations (subject to Section 21.42.140(B)(65)) 2 Greenhouses > 2,000 square feet (subject to Secfion 21.42.140(B)(70)) 1 -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 Um P CUP Acc Hazardous waste facility (subject to Section 21.42.140(B)(75))(defined: Section 21.04.167) 3 Hospitals (defined: Section 21.04.170) 2 Hospitals (mental)(defined: Section 21.04.175) 2 Ice and cold storage plants X Kennels (defined: Secfion 21.04.195) 1 Lumber yards X Machine shops X Manufacture or prefabricated buildings X Mills, planing 2 Mini-warehouse, self-storage 2 Mobile buildings (subject to Section 21.42.140(B)(90))(defined: Section 21.04.265) 1 Mortuaries 2 Newspaper/periodical printing and publishing X Oil and gas facilities (on-shore)(subject to Section 21.42.140(B)(95)) 3 Outdoor dining (incidental)(subject to Section 21.26.013)(defined: Section 21.04.290.1) X Packing/sorting sheds >600 square feet (subject to Section 21.42.140(B)(70)) 1 Parking facilities (primary use)(i.e., day use, short term, non- storage) 1 Pawnshops (subject to Section 21.42.140(B)(105)) 3 Plastics, fabrication from X Public/quasi-public buildings and facilities and accessory ufility buildings/facilities (defined: Section 21.04.297) 2 Racetracks 3 Radio/television/microwave/broadcast station/tower 2 Recreation facilities 1 Recreational vehicle storage (subject to Section 21.42.140(B)(120))(defined: 21.04.299) 1 Recycling collection facilities, large (subject to Chapter 21.105)(defined: Section 21.105.015) 2 Recycling collection facilities, small (subject to Chapter 21.105)(defined: Section 21.105.015) 1 Recycling process/ transfer facility 2 Rubber, fabrication of products made from finished rubber X Satellite antennae (>1 per use)(defined: Section 21.04.302) 1 Satellite television antennae (subject to Sections 21.53.130 through 21.53.150) (defined: Section 21.04.302) X Sheet metal shops X Shoe manufacturing X Signs (subject to Chapter 21.41) X Soap manufacture, cold mix only X Stadiums 3 Stone monument works X Tattoo parlors (subject to Section 21.42.140(B)(140)) 3 Textile manufacture X Thrift shops (subject to Section 21.42.140(B)(150)) 1 -27- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Um j P CUP Acc Tire rebuilding, recapping and retreading X Transit passenger bus terminals (bus and train) 2 Transit storage (ex. rolling stock) 2 Truck steam cleaning equipment X Veterinary clinic/animal hospital (small animals)(defined: Section 21.04.378) 1 Windmills (exceeding height limit of zone)(subject to Section 21.42.140(B)(160)) 2 Wireless communication facilities (subject to Section 21.42.140(B)(165)) (defined: Section 21.04.379) 1/2 Notes: 1. 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. The retail use shall be accessory to the permitted use and wholly contained within the building. All products for retail sale shall be produced, distributed, and/or warehoused on the premises. No outdoor display of merchandise or retail sales shall be permitted unless customarily conducted in the open. Parking for the accessory retail use shall be determined based on the parking requirement for the primary use pursuant to CMC Chapter 21.44. SECTION XXIX: That Table A of Section 21.33.020 of the Carisbad Municipal Code (O-S, Open Space Zone, Permitted Uses) is amended to read 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 = Minor Conditional Use Permit (Process One), pursuant to Chapter 21.42 of this title. 2 = Conditional Use Permit (Process Two), pursuant to Chapter 21.42 of this title. 3 = Conditional Use Permit (Process Three), pursuant to Chapter 21.42 of this title. "Acc" indicates use is permitted as an accessory use. "U^ • P CUP Acc Aquaculture (defined: Section 21.04.036) 1 Aquaculture stands (display/sale)(subject to Section 21.42.140(B)(10)) 1 Athletic fields 2 Barbeque and fire pits X Beaches and shoreline recreation, public X Bicycle paths X Biological habitat presen/e (subject to Section 21.42.140(B)(30))(defined: Section 21.04.048) 2 Campsites (overnight)(subject to Section 21.42.140(B)(40)) 2 -28- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 U^ P CUP Acc Cemeteries (may include accessory mausoleums and columbariums) 3 Changing rooms X City picnic areas X City playgrounds X Clubhouses X Cultural activities and facilities 1 Educational institutions or schools, public/private (defined: Section 21.04.140) 2 Entertainment activities and facilities 1 Fairgrounds 3 Fallow lands X Farmworker housing complex, small (subject to Section 21.10.125)(defined: 21.04.148.4) X Fencing X Field and seed crops X Golf courses 3 Greenhouses (2,000 square feet maximum) X Greenhouses > 2,000 square feet (subject to Section 21.42.140(B)) 1 Horse trails X Horticultural crops X Marinas 2 Mobile buildings (subject to Secfion 21.42.140(B)(90))(defined: Section 21.04.265) 1 Open space and conservation easements X Orchards and vineyards X Other similar accessory uses and structures required for the conduct of the permitted uses X Packing/sorting sheds (600 square feet maximum) X Packing/sorting sheds >600 square feet (subject to Section 21.42.140(B)(70)) 1 Park, public (subject to Section 21.42.140(B)(100)) 2 Parking areas X Pasture and rangeland X Patios X Picnic areas (private) 1 Playground equipment X Playgrounds (private) (see note 2 below) 1 Pool filtering equipment X Public access easement, non-vehicular X Public lands X Public restrooms X Public/quasi-public buildings and facilities and accessory ufility buildings/facilities (defined: Section 21.04.297) 2 Radio/television/microwave/broadcast station/tower 2 Recreation facilifies 1 Recycling collection facilities, large (subject to Chapter 21.105)(defined: Section 21.105.015) 2 •29- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Use P CUP Acc Recycling collection facilities, small (subject to Chapter 21.105)(defined: Section 21.105.015) 1 Scenic easements X Signs X Slope easements X Stables/riding academies 2 Stadiums 3 Stairways X Swimming pools (see note 2 below) 1 Tennis courts (see note 2 below) 1 Theaters, stages, amphitheaters - outdoor 3 Transportation rights-of-way X Tree farms X Truck crops X Vista points X Windmills (exceeding height limit of zone)(subject to Section 21.42.140(B)(160)) 2 Wireless communication facilities (subject to Section 21.42.140(B)(165))(defined: Section 21.04.379) 1/2 Zoos (private)(subject to Section 21.42.140(B)(170)) 2 Notes: 1. Any use meeting the definition of an entertainment establishment, as defined in Section 8.09.020 of the Carisbad Municipal Code (CMC), shall be subject to the requirements of CMC Chapter 8.09. A conditional use permit is required unless the use is permitted in conjunction with another permit such as a Master Plan. Specific Plan, or Planned Development. SECTION XXX: That Section 21.33.060 (Building height, O-S, Open Space Zone) is proposed to be amended as follows: 21.33.060 Building Height No building or structure in the O-S zone district shall exceed twenty-five feet in height unless a higher elevation is approved by a minor conditional use permit Issued by the City Planner. SECTION XXXI: That Section 21.34.010(1) (Intent and Purpose, P-M, Planned Industrial Zone) is proposed to be amended as follows: The intent and purpose of this chapter is to accomplish the following: (1) Allow the location of business and light industries engaged primarily in research and/or testing, compatible light manufacturing, and business and professional offices; allow certain commercial/retail uses which cater to, support, or are accessory to the uses allowed in this zone; and allow flexibility for other select uses (i.e., athletic clubs/gyms, churches, daycare centers, recreation facilities, etc.) when found to be compatible with the P-M zone through the issuance of a Conditional Use Permit. -30- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION XXXIl: That Table A of Section 21.34.020 (P-M, Planned Industrial Zone, Permitted Uses) is amended to read 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 2 below) "CUP" indicates that the use is permitted with approval of a conditional use permit. (See note 2 below) 1 = Minor Conditional Use Permit (Process One), pursuant to Chapter 21.42 of this title. 2 = Conditional Use Permit (Process Two), pursuant to Chapter 21.42 of this title. 3 = Condifional Use Permit (Process Three), pursuant to Chapter 21.42 of this title. "Acc" indicates use is permitted as an accessory use. Use/;\ / „ P i?UP Acc Accessory uses and structures where related and incidental to a permitted use X Accountants (see note 1 below) X Administrative offices associated with and accessory to a permitted use X Administrative offices (see note 1 below) X Adult businesses (subject to Chapter 21.43 of this tifie and Chapter 8.60 of CMC Title 8) X Advertising agencies (see note 1 below) X Advertising - direct mail (see note 1 below) X Agricultural consultants (see note 1 below) X Air courier service (see note 1 below) X Airiine offices, general offices (see note 1 below) X Airports 3 Alcoholic treatment centers 2 Answering bureaus (see note 1 below) X Appraisers (see note 1 below) X Aquaculture (defined: Section 21.04.036) 1 Aquaculture stands (display/sale)(subject to Section 21.42.140(B)(10)) 1 Arbitrators (see note 1 below) X Architect design and planners (see note 1 below) X Athletic clubs, gymnasiums, health clubs, and physical conditioning businesses 1 Attorney services (no legal clinics)(see note 1 below) X Audio-visual services (see note 1 below) X Auto storage/ impound yards (i.e., overnight product storage) 2 Auto wrecking yards (defined: Section 21.04.040) 2 Banks and other financial institutions without drive-thru facilities X Billing service (see note 1 below) X Biological habitat presen/e (subject to Section 21.42.140(B)(30))(defined: Section 21.04.048) 2 -31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 U^ P CUP Acc Blueprinters (see note 1 below) X Book printing and publishing X Bookbinding X Bookkeeping service (see note 1 below) X Breweries X Breweries with retail accessory use. including tasting rooms, up to 20% of the gross floor area of the building or suite (as applicable) or 2,000 square feet, whichever is less (see note 3 below) 3 Building designers (see note 1 below) X Building inspection service (see note 1 below) X Burglar alann systems (see note 1 below) X Business consultants (see note 1 below) X Business offices for professional and labor organizations (see note 1 below) X Child day care center (subject to Chapter 21.83)(defined: Section 21.04.086) 2 Churches, synagogues, temples, convents, monasteries, and other places of worship 2 Civil engineers (see note 1 below) X Clubs - nonprofit, business, civic, professional, etc. (defined: Secfion 21.04.090) 1 Collection agencies (see note 1 below) X Columbariums, crematories, and mausoleums (not within a cemetery) 2 Commercial artists (see note 1 below) X Commodity brokers (see note 1 below) X Communications consultants (see note 1 below) X Computer programmers (see note 1 below) X Computer sen/ice (time-sharing) X Computer systems (see note 1 below) X Construction manager (see note 1 below) X Corporate headquarters office (see note 1 below) X Corporate travel agencies and bureaus (see note 1 below) X Credit rating service (see note 1 below) X Data communication service (see note 1 below) X Data processing service (see note 1 below) X Data systems consultants (see note 1 below) X Delicatessen (defined: Section 21.04.106) X Diamond and gold brokers (see note 1 below) X Display designers (see note 1 below) X Display services (see note 1 below) X Drafting services (see note 1 below) X Drive-thru facilities (excluding restaurants) 1 Economics research (see note 1 below) X Educational consultants (see note 1 below) X Educational facilities, other (defined: Section 21.04.137) 1 Educational institutions or schools, public/private (defined: Section 21.04.140) 2 Educational research (see note 1 below) X -32- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Use P CUP Acc Electric contractors (sales and administrative offices only)(see note 1 below) X Electronics consultants (see note 1 below) X Emergency Shelter, no more than 30 beds or persons (subject to Section 21.32.070)(defined: Section 21.04.140.5) X Emergency Shelter, more than 30 beds or persons (subject to Section 21.32.070)(defined: Section 21.04.140.5) 3 Energy management consultants (see note 1 below) X Engineering offices (see note 1 below) X Environmental services (see note 1 below) X Escrow service (see note 1 below) X Estimators (see note 1 below) X Executive search office (see note 1 below) X Executive training consultants (see note 1 below) X Export consultants X Fairgrounds 3 Farmworker housing complex, small (subject to Section 21.10.125)(defined: Section 21.04.148.4) 1 Financial planners and consultants (see note 1 below) X Fire protection consultants (see note 1 below) X Foreclosure assistance (see note 1 below) X Foundation-educational research (see note 1 below) X Franchise services (see note 1 below) X Fund-raising counselors (see note 1 below) X Gas stations (subject to Section 21.42.140(B){65)) 2 Gemologists (see note 1 below) X General contractors (no equipment storage permitted)(see note 1 below) X Geophysicists (see note 1 below) x' Government contract consultants (see note 1 below) X Government facilities and offices X Governmental agencies (general and administrative offices only) (see note 1 below) X Graphics designers (see note 1 below) X Greenhouses >2,000 square feet (subject to Section 21.42.140(B)(70)) 1 Hazardous waste facility (subject to Section 21.42.140(B)(75))(defined: Section 21.04.167) 3 Hospitals (defined: Secfion 21.04.170) 2 Hospitals (mental)(defined: Section 21.04.175) 2 Hotels and motels (subject to Section 21.42.140(B)(80)) 3 Human factors research and development (see note 1 below) X Human services organization (administrative offices only)(see note 1 below) X Importers (see note 1 below) X Incorporating agency (see note 1 below) X Industrial medical (workers' comp.)(see note 1 below) X Information bureaus (see note 1 below) X Insurance companies (administrative offices only)(see note 1 below) X •33- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Use P CUP Acc Interior decorators and designers (no merchandise storage permitted)(see note 1 below) X Investigators (see note 1 below) X Investment advisory (see note 1 below) X Investment securities X Kennels (defined: Section 21.04.195) 1 Labor relations consultants (see note 1 below) X Leasing sen/ices (see note 1 below) X Lecture bureaus (see note 1 below) X Literary agents (see note 1 below) X Magazine subscription agents (see note 1 below) X Mailing list sen/ice (see note 1 below) X Management consultants (see note 1 below) X Manufacturers agents (see note 1 below) X Manufacturing and processing facilities X Marketing research and analysis (see note 1 below) X Message receiving services (see note 1 below) X Mini-warehouses/self-storage 2 Mobile buildings (subject to Section 21.42.140(B)(90))(defined: Section 21.04.265) 1 Mutual funds (see note 1 below) X Newspaper/periodical printing and publishing X Oil and gas facilities (on-shore)(subject to Section 21.42.140(B)(95)) 3 On-site recreational facilities intended for the use of employees of the planned industrial zone X Outdoor dining (incidental)(subject to Section 21.26.013)(defined: Section 21.04.290.1) X Packing/sorting sheds >600 square feet (subject to Section 21.42.140(B)(70)) 1 Parking facilifies (primary use)(i.e., day use, short-term, non- storage) 1 Patent searchers (see note 1 below) X Pension and profit sharing plans (see note 1 below) X Personal service bureau (see note 1 below) X Photographic (industrial and commercial only) (see note 1 below) X Printing sen/ices (see note 1 below) X Product development and marketing (see note 1 below) X Public meeting halls, exhibit halls, and museums 2 Public relations services (see note 1 below) X Public ufility companies (see note 1 below) X Public/quasi-public buildings and facilities and accessory ufility buildings/facilities idefined: Section 21.04.297) 2 Publicity services (see note 1 below) X Publishers representatives (see note 1 below) X Racetracks 3 Radio communications (see note 1 below) X Radio/television/microwave/broadcast tower 2 -34- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Use P CUP Acc Real estate brokers (commercial and industrial only)(see note 1 below) X Real estate developers (see note 1 below) X Recording service (see note 1 below) X Recreation facilities 1 Recreational vehicle storage (subject to Section 21.42.140(B)(120))(defined: Section 21.04.299) 1 Recycling collection facilities, large (subject to Chapter 21.105)(defined: Section 21.105.015) 2 Recycling collection facilities, small (subject to Chapter 21.105)(defined: Section 21.105.015) 1 Recycling process/transfer facility 2 Relocation service (see note 1 below) X Repossessing service (see note 1 below) X Research and testing facilities X Research labs (see note 1 below) X Residential uses in the P-M zone (subject to Section 21.42.140(B)(135)) 3 Restaurants (bona fide public eating establishment) (defined: Secfion 21.04.056) 1 Retail, accessory use, including tasting/sampling rooms, showrooms, miscellaneous retail, up to 20% of the gross floor area of the building or suite (as applicable) or 2,000 square feet, whichever is less (see note 3 below) 1 Retail, primary use (see note 4 below) 2 Retirement planning consultants (see note 1 below) X Safety consultants (see note 1 below) X Sales training and counseling (see note 1 below) X Satellite antennae (>1 per use)(defined: Secfion 21.04.302) 1 Satellite television antennae (subject to Sections 21.53.130 through 21.53.150)(defined: 21.04.302) X Searchers of records (see note 1 below) X Securities systems (see note 1 below) X Security firms (see note 1 below) X Signs (subject to Chapter 21.41) X Sound system consultants (see note 1 below) X Space planning consultants (see note 1 below) X Space research and developments (see note 1 below) X Stadiums 3 Stock and bond brokers (see note 1 below) X Storage, wholesale, and distribufion facilities X Surveyors (see note 1 below) X Tax service and consultants (see note 1 below) X Telephone cable companies (see note 1 below) X Telephone systems (see note 1 below) X Title companies (see note 1 below) X Tour operators (see note 1 below) X Trademark consultants (see note 1 below) X Transit passenger terminals (bus and train) 2 Translators and interpreters (see note 1 below) X -35- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 • Us©' , P CUP Trust companies (see note 1 below) X Veterinary clinic/animal hospital (small animals)(defined: Section 21.04.378) 1 Windmills (exceeding height limit of zone)(subject to Section 21.42.140(B)(160)) 2 Wireless communication facilifies (subject to Section 21.42.140(B)(165))(defined: Section 21.04.379) 1/2 Notes: 1. 3. 4. Business and professional offices which are primarily not retail in nature and are compafible with the industrial uses in the vicinity. Any use meeting the definition of an entertainment establishment, as defined in Section 8.09.020 of the Carisbad Municipal Code (CMC), shall be subject to the requirements of CMC Chapter 8.09. The retail use shall be accessory to the permitted use and wholly contained within the building. All products for retail sale shall be produced, distributed, and/or warehoused on the premises. No outdoor display of merchandise or retail sales shall be permitted unless customarily conducted in the open. Parking for the accessory retail use shall be determined based on the parking requirement for the primary use pursuant to CMC Chapter 21.44. A primary retail use shall cater to or support the industrial and office uses in the P-M zone. SECTION XXXllI: That Table A of Section 21.36.020 (P-U, Public Ufility Zone, Permitted uses) is amended to read 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 = Minor Conditional Use Permit (Process One), pursuant to Chapter 21.42 of this title. 2 = Conditional Use Permit (Process Two), pursuant to Chapter 21.42 of this title. 3 = Conditional Use Permit (Process Three), pursuant to Chapter 21.42 of this title. "Acc" indicates use is permitted as an accessory use. Use CUP Acc Accessory uses and structures X Airports 3 Aquaculture (defined: Section 21.04.036) 1 Aquaculture stands (disp!ay/sale)(subject to Secfion 21.42.140(B)(10)) 1 Biological habitat presen/e (subject to Section 21.42.140(B)(30))(defined: Section 21.04.048) 2 Crop production X -36- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Use P CUP Acc Energy transmission facilities, including rights-of-way and pressure control or booster stations for gasoline, electricity, natural gas, synthetic natural gas, oil or other forms of energy sources X Fairgrounds 3 Farmworker housing complex, small (subject to Section 21.10.125)(defined: Section 21.04.148.4) X Floriculture X Generation of electrical energy, primary, by a government entity or by a company authorized or approved for such use by the California Public Ufilities Commission outside the City's Coastal Zone only X Generation of electric energy, accessory, by a government entity or by a company authorized or approved for such use by the California Public Ufilities Commission in or outside the City's Coastal Zone and limited to a generating capacity of fewer than 50 megawatts. Generating capacity of 50 megawatts or more is prohibited in the Coastal Zone X Governmental maintenance and service facilities X Greenhouses (2,000 square feet maximum) X Greenhouses >2,000 square feet (subject to Section 21.42.140(B)(70)) 1 Hazardous waste facility (subject to Section 21.42.140(B)(75)) (defined: Section 21.04.167) 3 Mobile buildings (subject to Section 21.42.140(B)(90))(defined: Section 21.04.265) 1 Nursery crop production X Packing/sorting sheds >600 square feet (subject to Section 21.42.140(B)(70)) 1 Pasture and range land X Processing, using and storage of: (a) natural gas, (b) liquid natural gas. (c) domestic and agricultural water supplies; X Public utility district maintenance, storage and operating facilities X Radio/television/microwave/broadcast station/tower 2 Recreational facilities (public or private, passive or active) X Recycling collection facilities, large (subject to Chapter 21.105)(defined: Section 21.105.015) 2 Recycling collection facilities, small (subject to Chapter 21.105)(defined: Section 21.105.015) 1 Recycling process/transfer facility 2 Satellite television antennae (subject to Sections 21.53.130 through 21.53.150)(defined: 21.04.302) X Signs (subject to Chapter 21.41) X Stadiums 3 Transit passenger terminals (bus and train) 2 Transmission of electrical energy if conducted by a government entity or by a company authorized or approved for such use by the California Public Utilities Commission X Tree farms X Truck farms X -37- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 U^ P CUP Acc Using and storage of fuel oils X Wastewater treatment, disposal or reclamation facilities X Windmills (exceeding height limit of zone)(subject to Section 21.42.140(B)(160)) 2 Wireless communication facilities (subject to Section 21.42.140(B)(165))(defined: Section 21.04.379) 1/2 Note: 1. Any use meeting the definition of an entertainment establishment, as defined in Section 8.09.020 of the Carisbad Municipal Code (CMC), shall be subject to the requirements of CMC Chapter 8.09. SECTION XXXIV: That the legend of Table A of Section 21.37.020 (RMHP, Residential Mobile Home Park Zone, Permitted uses) is amended to read 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 4 below) "CUP" indicates that the use is permitted with approval of a conditional use permit. (See note 4 below) 1 = Minor Conditional Use Permit (Process One), pursuant to Chapter 21.42 of this title. 2 = Conditional Use Permit (Process Two), pursuant to Chapter 21.42 of this tifie. . 3 = Conditional Use Permit (Process Three), pursuant to Chapter 21.42 of this tifie. "Acc" indicates use is permitted as an accessory use. SECTION XXXV: That Table A of Secfion 21.37.020 (RMHP, Residential Mobile Home Park Zone, Permitted uses) is amended as follows: U^, ' ~ P CUP Atrc Golf courses 3 SECTION XXXVi: That Table A of Section 21.39.020 (L-C, Limited Control Zone, Permitted uses) is amended to read 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. "CUP" indicates that the use is permitted with approval of a conditional use permit. 1 = Minor Conditional Use Permit (Process One), pursuant to Chapter 21.42 of this title. 2 = Conditional Use Permit (Process Two), pursuant to Chapter 21.42 of this title. 3 = Conditional Use Permit (Process Three), pursuant to Chapter 21.42 of this title. -38- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 "Acc" indicates use is permitted as an accessory use. Use P CUP Acc Accessory uses and structures (see note 4 below) X Animals and poultry - small (less than 25)(see notel below) X Cattle, sheep, goats, and swine production (see note 2 below) X Crop production X Dwelling, single-family (farm house) X Family day care home (large)(defined: Section 21.04.147)(subject to Chapter 21.83) X Family day care home (small)(defined: Section 21.04.148) (subject to Chapter 21.83) X Farmworker housing complex, small (subject to Section 21.10.125)(defined: Section 21.04.148.4) X Floriculture X Greenhouses (2,000 square feet maximum) X Guest house X Horses, private use X Mobile home (see note 5 below) X Nursery crop production X Other uses or enterprises similar to the above customarily carried on in the field of agriculture X Produce/flower stands for display and sale of products produced on the same premises (see note 3 below) X Satellite television antennae (subject to Sections 21.53.130 through 21.53.150)(defined: 21.04.302) X Signs (subject to Chapter 21.41) X Tree farms X Truck farms X Wildlife refuge X Notes: 1. 3. Small animals and poultry: Provided that not more than twenty-five of any one or combination thereof shall be kept within seventy-five feet of any habitable structure, nor shall they be located within three hundred feet of habitable structure on an adjoining parcel zoned for residential uses, nor shall they be located within one hundred feet of a parcel zoned for residential uses when a habitable structure is not involved. In any event, the distance from the parcel zoned for residential uses shall be the greater of the distances so indicated. Cattle, sheep, goats, and swine production: Provided that the number of any one or combinafion of said animals shall not exceed one animal per half acre of lot area. Said animals shall not be located within seventy-five feet of any habitable structure, nor shall they be located within three hundred feet of a habitable structure on an adjoining parcel zoned for residential uses, nor shall they be located within one hundred feet of a parcel zoned for residential uses when a habitable structure is not involved. In any event, the distance from the parcel zoned for residential uses shall be the greater of the distances so indicated. Produce/flower stands: Provided that the floor area shall not exceed two hundred square feet and is located not nearer than twenty feet to any street or highway. Accessory uses/structures include, but are not limited to, private garages, children's playhouses, radio and television receiving antennas, windmills, silos, tank houses. -39- SECTION XXXVlll: That Section 21.42.140.B.90(b) (Minor Conditional Use Permits and Conditional Use Permits. Development Standards and Special Regulations. "Mobile Buildings") of the Carisbad Municipal Code is amended as follows: 1 shops, barns, offices, coops, lath houses, stables, pens, corrals, and other similar accessory uses and structures required for the conduct of the permitted uses. 2 5. Mobile home: Certified under the National Mobile Home Construcfion and Safety Standards Act of 1974 (42 U.S.C. Secfion 5401 et seq.) on a foundation system 3 pursuant to Section 18551 of the State Health and Safety Code. 4 SECTION XXXVI I: That Section 21.42.140.B.80(a) (Minor Conditional Use 5 Permits and Conditional Use Permits, Development Standards and Special Regulations, "Hotel 6 and motel uses") of the Carisbad Municipal Code is amended as follows: 7 a. The application shall include the submittal of an architectural theme, colored elevations and site plan. 8 9 10 11 I b. The occupancy shall be limited to a five-year term, unless extended by the appropriate 12 decision-maker. 13 SECTION XXXIX: That Section 21.53.140(e)(3)(A) (Uses Generally, Satellite 14 television antenna- Generally) of the Carlsbad Municipal Code is amended as follows: 15 (A) In the PM, CM and M zones, more than one satellite antenna per use may be permitted with a minor conditional use permit. Installation of said antennae shall 15 comply with subsections 21.53.130(e)(1) and 21.53.130(e)(2) listed above. 17 SECTION XL: That the preamble to Chapter 21.208 (Commercial/ Visitor- 18 Serving Overlay Zone) of the Carisbad Municipal Code is amended as follows: 19 Chapter 21.208 COMMERClAL/VlSlTOR-SERVlNG OVERLAY ZONE 20 Sections: 21.208.010 Intent and purpose. 21 21.208.020 Definitions. 21.208.030 Boundaries—Exceptions—Applicability. 22 21.208.040 Permitted uses. 21.208.050 Uses permitted by conditional use permit. 23 21.208.060 Prohibited uses. 21.208.070 Decision-making authority. 24 21.208.080 Preliminary review submittal and meefing - Application for condifional use permit. 25 21.208.090 Project site notification. 21.208.100 Development standards. 26 21.208.110 Required findings. 21.208.120 Performance monitoring condifion. 27 21.208.130 Existing uses, building permits and business licenses. 28 -40- 1 21.208.140 Administrative enforcement powers. 21.208.150 Administrative notice, hearing, and appeal procedures. 2 21.208.160 Judicial enforcement. 21.208.170 Remedies not exclusive. 3 21.208.180 Severability. 4 SECTION XLI: That Section 21.208.010 (Intent and purpose, 5 Commercial/Visitor-Serving Overlay Zone) of the Carisbad Municipal Code is amended as 6 follows: 7 21.208.010 Intent and purpose. The intent and purpose of the commercial/visitor-sen/ing overiay zone is to supplement 8 the underlying zoning by providing additional regulations for commercial/visitor-sen/ing uses which require a conditional use permit in the underlying zone. The overiay zone is intended and 9 designed to: A. Control the location, operation and appearance of newly proposed 10 commercial/visitor-serving uses within the overlay zone to prevent the over-proliferation of certain uses as well as to ensure high quality appearance and operation; 11 B. Maximize public disclosure about new commercial/visitor-serving use proposals located within the overiay zone; 12 C. Design compatibility, vehicular circulation and shuttle bus/alternative transportation options into commercial/visitor-serving uses within the overlay zone; 13 D. Provide for the review of building materials and colors and establish architectural criteria that discourages the use of corporate, standardized building forms, materials and styles; 14 E. Formalize the use of conditional use permits for all commercial/visitor-sen/ing uses within the overiay zone and emphasize the aspects of performance monitoring and 15 enforcement; F. Require commercial/visitor-serving conditional uses as listed in the Planned 16 Industrial (P-M) Chapter of this title for underlying P-M zoned properties within the overiay zone to be subject to the conditional use permit requirements and provisions of this chapter, except 17 that such uses shall be consistent with the intent and purpose of the P-M zone; and G. Establish procedures in the overlay zone to provide for effective code 18 enforcement. 19 SECTION XLI I: That Section 21.208.040 (Permitted uses. Commercial/ Visitor- 20 Serving Overiay Zone) of the Carisbad Municipal Code is amended as follows: 21 21.208.040 Permitted uses. Permitted uses in the overiay zone which are not subject to the provisions of this chapter 22 are the commercial/visitor-serving uses authorized as permitted uses by the underlying zone. Those uses shall be developed subject to the development standards and entitlement process 23 required by the underiying zoning. In addition, a roadside stand for the display and sale of products produced on the same premises is a permitted use provided that the floor area shall 24 not exceed two hundred square feet and is located a minimum of twenty feet from any street, highway, or city right-of-way. 25 26 27 28 SECTION XLIII: That Section 21.208.050 (Uses permitted by a conditional use permit. Commercial/ Visitor-Serving Overiay Zone) of the Carisbad Municipal Code is amended as follows: -41- 21.208.050 Uses permitted by a conditional use permit. Commercial/visitor-serving uses which require a conditional use permit in the underlying zone may be permitted within the overiay zone by approval of a minor conditional use permit pursuant to this chapter, excluding outdoor dining (incidental), which is subject to an administrative permit pursuant to Section 21.26.013 of this title. Conditional uses othenA/ise allowed by the underlying zoning designations within the overlay zone that are not commercial/visitor-sen/ing uses, are not subject to this chapter. Where the underlying zoning authorizes condifionally permitted uses (other than commercial/visitor-serving uses). Chapter 21.42, not this chapter, shall apply. SECTION XLIV: That Section 21.208.060 (Prohibited uses, Commercial/ Visitor-Serving Overiay Zone) of the Carisbad Municipal Code is amended as follows: 8 21.208.060 Prohibited uses. Notwithstanding any underlying zoning provision, the following uses are prohibited in the 9 overiay zone: A. Stand-alone liquor stores where the retail sale of liquor and/or alcoholic 10 beverages is the primary form of business; B. The outdoor storage or display of merchandise, goods or services for sale; and 11 C. Except as authorized pursuant to Chapter 8.17 and/or 8.32 of this code, or a conditional use permit issued pursuant to this chapter, no person shall sell or offer to sell goods, 12 merchandise or services from, or by means of, any temporary display, vehicle, platform, wagon or pushcart upon any public street, privately owned property, public parking lot, city right-of-way 13 or sidewalk within the overiay zone. 14 SECTION XLV: That Secfion 21.208.070 (Approval process. Commercial/ 15 Visitor-Sen/ing Overiay Zone) of the Carisbad Municipal Code is amended as follows: 16 21.208.070 Decision-making authority. The decision-making authority for all conditionally-permitted commercial/visitor-serving uses shall 17 be determined by the underlying zone. 18 SECTION XLVI: That Section 21.208.080 (Pre-filing submittal and meeting - 19 Application for conditional use permit, Commercial/Visitor-Serving Overiay Zone) of the 20 Carisbad Municipal Code is amended as follows: 21 21.208.080 Preliminary review submittal and meeting—Application for conditional use permit. A. If it is determined that a conditional use permit is required for a 22 commercial/visitor-sen/ing use within the overiay zone, prior to filing an application for a conditional use permit, the applicant shall submit an application for a preliminary review and 23 subsequently attend a preiiminary review meeting. 1. Preliminary review submittal. The applicant shall file a preliminary review 24 application and shall follow the submittal requirements in accordance with the planning division's preliminary review process accompanied by the applicable fee, as established by the 25 city council by resolution. The submittal shall demonstrate compliance with this chapter, including the proposal of an architectural style as required by Section 21.208.100(F). 26 2. Preliminary review meeting. Within thirty days of the applicant's preliminary review submittal, the City Planner shalt respond with a written city response letter, thoroughly 27 analyzing the proposal, establishing issues for resolufion, and setting a time, date and place to 28 -42- 1 conduct a preliminary review meeting wherein the owner and/or applicant, staff planner and staff engineer would attend to discuss any outstanding issues or questions. 2 3. Primary purpose: discuss the city response letter, identify issues to be resolved and establish final application requirements. 3 B. Good faith participation in the preliminary review meefing is necessary for the submittal of a formal conditional use permit application. 4 C. Upon completion of the preliminary review submittal and meeting, the applicant may file a formal application for a condifional use permit pursuant to Chapter 21.42. The 5 application shall be accompanied by application(s) for any other required discretionary entitlement for the project (including, but not limited to, a coastal development permit). 6 Application for, and approval of, a conditional use permit pursuant to this chapter shall satisfy all requirements for a site development plan for the project if such is required by the underlying 7 zoning. If not otherwise required, in addition to the application requirements for a conditional use permit (including special requirements in this chapter) formal conditional use permit application 8 exhibits subject to this chapter shall show the following: 1. All State and Uniform Building Code requirements for disabled parking spaces 9 and related pathways; 2. All proposed rooftop equipment, mechanical enclosures and any Uniform 10 Building Code requirements relating to rooftop access, ladders or other rooftop structural features. 11 12 13 14 SECTION XLVll: That Section 21.208.1 OO.A(2b) (Development standards, time share projects. Commercial/ Visitor-Serving Overiay Zone) of the Carisbad Municipal Code is amended as follows: 2. Time Share Projects. Lock-off units require 1.5 spaces per unit; standard units 1^ require 1.2 spaces per unit. In addition, time share projects shall be subject to the following requirements: 16 a. Adequate shuttle bus circulation and passenger drop-off/pick-up facilities to be developed on a case-by-case, site-by-site basis; b. An interim parking/unit marketing plan which will address the initial sales efforts to sell time share units and the corresponding need to provide additional interim parking while 1^ sales are ongoing. Unless othenA/ise specified in the underlying zone, the interim parking/unit marketing plan shall be approved by the applicable decision-making authority as one of the ^ approving project exhibits and shall indicate where interim parking is to be provided, the amount of spaces involved, adequate screening and landscaping, and the conversion or integration of the interim parking site into the overall time share project. 21 SECTION XLVlll: That Sections 21.208.100.F(2) and 21.208.100.F(3) 22 (Development standards, Architectural Style, Commercial/ Visitor-Serving Overlay Zone) of the Carlsbad Municipal Code is amended as follows: 2. Spanish/Mediterranean Architectural Style. This style involves the uses of Spanish/mission style clay roof tiles on a rectangular building form, white stucco walls, arches and arched doorways with wooden beams, low pitched roofs, multi-paned windows and the use of glazed/decorative tiles and tile paving. 2o 3 Alternafive Architectural Styles. An alternative architectural style may be proposed on a conditional use permit application if it is specifically supported by the ' enforcement official at the conclusion of the preliminary review procedures outlined in Section 28 -43- SECTION Ll: That Section 21.208.130 (Existing uses, building permits and business licenses. Commercial/ Visitor-Serving Overiay Zone) of the Carisbad Municipal Code is amended as follows: 1 21.208.080. This alternative architectural style may accommodate a reasonable version of a user's corporate architectural style, provided the corporate architectural elements do not 2 dominate the building design so as to create incompatibility in the area; or detract from the overiay zone's objective of ensuring high quality appearances for commercial/visitor-serving 3 uses. 4 SECTION XLIX: That Section 21.208.100.H(2) (Uses Separation Standards, 5 Motels/Hotels) of Carisbad Municipal Code is deleted. 6 SECTION L: That Section 21.208.110.0 (Required findings. Alternative 7 architectural style. Commercial/ Visitor-Sen/ing Overlay Zone) of the Carisbad Municipal Code 8 is amended as follows: 9 D. For gas stations, motel, hotel or restaurant uses on a planned industrial zoned property: That the proposed use is commercial in nature and therefore subject to the overlay 10 zone; however, the proposed use shall be consistent with the intent and purpose of the P-M zone. 11 12 13 14 For exisfing uses that propose a change in use, apply for a building permit or apply for a 15 new business license, the provisions of this chapter shall not apply provided that all of the following criteria are met: the proposal is consistent with the uses allowed by the site 16 development plan or specific plan, if any, applicable to the subject site; the proposal does not invoke a higher parking standard pursuant to Secfion 21.208.100(A) of this chapter; and, the 17 proposal does not involve an increase of greater than two hundred square feet to existing square footage. For such proposals, the additional two hundred square feet of area shall be 18 parked subject to the parking standards of this chapter. Existing structures that propose demolition and redevelopment may be re-built to the same square footage aS allowed by a valid 19 entitlement prior to the effective date of the ordinance codified in this chapter, or up to an additional two hundred square feet, without being subject to the requirements of this chapter, 20 provided there is no increase in the degree of nonconformity with regards to building setbacks, parking or signage. If a higher parking standard, or more than two hundred square feet of 21 increased square footage is involved for commercial/visitor-sen/ing uses which require a conditional use permit in the underlying zone, the new, or intensified, portion of the exisfing use 22 shall be subject to the approval of a minor conditional use permit consistent with the standards of this chapter. Existing sign programs and related sign permits are not subject to the provisions 23 of this overlay zone, except that if any exisfing use proposes an amendment to its existing, approved sign program to increase overall signage allowance, or to increase or alter approved 24 sign locations, then the entire sign program including existing signs shall be subject to the sign standards of Section 21.208.100(B) of this chapter pursuant to the normal processing of such 25 sign program amendment. 26 SECTION LII: That the legend of Table A of Section 21.209.040 (CR-A/OS, 27 Cannon Road-Agricultural Open Space Zone, Permitted uses) is amended to read as follows: 28 -44- 5 1 Table A Permitted Uses 2 In the table, below, subject to all applicable permitting and development requirements of 3 j the municipal code: . "P" indicates the use is permitted. "CUP" indicates that the use is permitted with approval of a condifional use permit 1 = Minor Conditional Use Permit (Process One), pursuant to Chapter 21.42 of this title. 2 = Conditional Use Permit (Process Two), pursuant to Chapter 21.42 of this title. ^ 3 = Conditional Use Permit (Process Three), pursuant to Chapter 21.42 of this title. "Acc" indicates use is permitted as an accessory use. ^ EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; ^ and the city clerk shall certify the adoption of this ordinance and cause the full text of the ordinance ^ or a summary of the ordinance prepared by the City Attorney to be published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption. {Notwithstanding the preceding, this ordinance shall not be effective until approved by the California Coastal Commission.) INTRODUCED AND FIRST READ at a regular meeting of the Carisbad City Council on the 23^^ day of July 2013, and thereafter. /// /// /// /// /// /// /// /// /// /// /// /// /// -45- 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 PASSED AND ADOPTED at a regular meeting of the City Council of the City of 2 Carisbad on the day of 2013. by the following vote, to wit: 3 AYES: 4 NOES: 5 ABSENT: 6 ABSTAIN: 7 8 APPROVED AS TO FORM AND LEGALITY 9 10 11 12 19 20 21 22 23 24 25 26 27 28 CELIA A. BREWER. City Attorney 13 MATT HALL. Mayor 14 ATTEST: 15 16 BARBARA ENGLESOfQ, City Clerk 18 (SEAL) -46- 9 10 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. CS-225 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A ZONE CODE AMENDMENT TO AMEND THE TEXT OF VARIOUS NONRESIDENTIAL ZONES TO REFLECT THAT CITY COUNCIL IS THE DECISION-MAKING AUTHORITY FOR HOTELS BREWERIES WITH AN ACCESSORY RETAIL COMPONENT' AND NIGHTCLUBS AND TO AMEND THE INTENT AND PURPOSE. ADD A "RETAIL- ACCESSORY USE..." CATEGORY AND SEPARATE FOOTNOTES TO THE PLANNED INDUSTRIAL (P-M) ZONE FOR PROPERTIES LOCATED OUTSIDE OF THE COASTAL ZONE. CASE NAME: CUP CODE AMENDMENTS CASE NO.: ZCA 09-03/LCPA Q9-0P WHEREAS, in July 2009, the Development Review Process (DRP) Working Group was formed with the purpose of identifying ways to improve the efficiency of and user 11 experience with the development review process; and WHEREAS, in November 2009, the DRP Working Group's Summary Recommendations Report was presented to City Council at a City Council Workshop; and WHEREAS, at said workshop, the City Council directed staff to implement the nine initiatives identified In the DRP Working Group's Summary Recommendations Report; WHEREAS, the majority of Zoning Ordinance amendments contained herein implement one of the nine initiatives identified by the DRP Working Group; WHEREAS, it is the desire of City Council to amend the text of various nonresidential zones to reflect that City Council Is the decision-making authority for hotels, breweries with an accessory retail component, and nightclubs and to create a separate Intent and Purpose, "Retail- accessory use...." Category, and separate footnotes in the Planned Industrial (P-M) zone for properties located outside the coastal zone; NOW THEREFORE, The City Council of the City of Carlsbad, California, does ordain as follows: 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION I: That Table A of Section 21.20.010 (R-T, Residential Tourist Zone. Permitted Uses) is amended to add the following use: um P CUP Hotels and Motels (subject to Secfion 21.42.140(B)(80)) (applicable only to properties located outside of the coastal zone) 3 SECTION 11: That Table A of Section 21.26.010 (C-1, Neighborhood Commercial Zone, Permitted Uses) is amended to add the following use: P CUP Acc Hotels and Motels (subject to Section 21.42.140(B)(80)) (applicable only to properties located outside of the coastal zone) 3 SECTION III: That Table A of Section 21.27.020 (O, Office Zone, Permitted Uses) is amended to add the following use: Um P CUP Acc Hotels and Motels (subject to Section 21.42.140(B)(80)) (applicable only to properties located outside of the coastal zone) 3 SECTION IV: That Table A of Section 21.28.010 (C-2, General Commercial Zone, Permitted Uses) is amended to add the following uses: U^ P CUP Acc Breweries with retail accessory use, including tasting rooms (applicable only to properties located outside of the coastal zone) 3 Hotels and Motels (subject to Section 21.42.140(B)(80)) (applicable only to properties located outside of the coastal zone) 3 Nightclubs, dance clubs, and other establishments that play live or recorded music or make regular use of amplified sound (applicable only to properties located outside of the coastal zone) 3 SECTION V: That Table A of Section 21.30.010 (C-M, Heavy Commercial- Limited Commercial Zone, Permitted Uses) is amended to add the following use: 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 1* mp Acc Breweries with retail accessory use, including tasting rooms, up to 20% of the gross floor area of the building or suite (as applicable) or 2,000 square feet, whichever is less (see Note 3 below) (applicable only to properties located outside of the coastal zone) 3 SECTION VI: That the footnotes of Table A of 21.30.010 (C-M, Heavy Commercial- Limited Commercial Zone, Permitted Uses) are amended to add the following footnote: 3. The retail use shall be accessory to the permitted use and wholly contained within the building. All products for retail sale shall be produced, distributed, and/or warehoused on the premises. No outdoor display of merchandise or retail sales shall be permitted unless customarily conducted in the open. Parking for the accessory retail use shall be determined based on the parking requirement for the primary use pursuant to CMC Chapter 21.44. SECTION Vll: That Table A of Section 21.31.030 (C-L, Local Shopping Center Zone, Permitted Uses) is amended to add the following uses: Um P CUP Acc Breweries with retail accessory use, including tasting rooms (applicable only to properties located outside of the coastal zone) 3 Nightclubs, dance clubs, and other establishments that play live or recorded music or make regular use of amplified sound (applicable only to properties located outside of the coastal zone) 3 SECTION VIII: That Table A of Section 21.32.010 (M, Industrial Zone, Permitted Uses) is amended to add the following use: Use P CUP Acc Breweries with retail accessory use, including tasting rooms, up to 20% of the gross floor area of the building or suite (as applicable) or 2,000 square feet, whichever is less (see Note 2 below) (applicable only to properties located outside of the coastal zone) 3 SECTION IX: That the footnotes of Table A of 21.32.010 (M, Industrial Zone, Permitted Uses) are amended to add the following footnote: 2. The retail use shall be accessory to the permitted use and wholly contained within the building. All products for retail sale shall be produced, distributed, and/or warehoused on the premises. No outdoor display of merchandise or retail sales shall be permitted unless customarily conducted in the open. Parking for the -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 accessory retail use shall be determined based on the parking requirement for the primary use pursuant to CMC Chapter 21.44. SECTION X: That Section 21.34.010(1) (Intent and Purpose, P-M, Planned Industrial Zone) is proposed to be amended as follows: The Intent and purpose of this chapter is to accomplish the following: (1) a. For properties located within the boundaries of the coastal zone: Allow the location of business and light industries engaged primarily in research and/or testing, compafible light manufacturing, business and professional offices when in engaged in activities associated with corporate offices or in activities whose primary purpose is not to cater directly to the general public, and certain commercial uses which cater to and are ancillary to the uses allowed in this zone; or b. For properties located outside the boundaries of the coastal zone: Allow the location of business and light industries engaged primarily in research and/or testing, compatible light manufacturing, and business and professional offices; allow certain commercial/retail uses which cater to, support, or are accessory to the uses allowed in this zone; and allow flexibility for other select uses (i.e., athletic clubs/gyms, churches, daycare centers, recreation facilities, etc.) when found to be compafible with the P-M zone through the issuance of a Conditional Use Permit. SECTION XI: That Table A of Section 21.34.020 (P-M, Planned Industrial Zone, Permitted Uses) Is amended to add the following uses: Use P CUP Acc Breweries with retail accessory use, including tasting rooms, up to 20% of the gross floor area of the building or suite (as applicable) or 2,000 square feet, whichever is less (see Note 3 below) (applicable only to properties located outside of the coastal zone) 3 Hotels and Motels (subject to Section 21.42.140(B)(80)) (applicable only to properties located outside of the coastal zone) 3 Retail, accessory use, showrooms, miscellaneous retail, up to 20% of the gross floor area of the building or suite (as applicable) or 2,000 square feet, whichever is less (see note 3 below) (applicable only to properties located outside of the coastal zone) 1 SECTION XII: That the footnotes of Table A of Section 21.34.020 (P-M, Planned Industrial Zone, Permitted Uses) are replaced with the following footnotes: Note (applicable to properties located outside of the coastal zone): 1. Business and professional offices which are primarily not retail In nature and are compatible with the industrial uses in the vicinity. -4- 1 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 2 requirements of CMC Chapter 8.09. 3. The retail use shall be accessory to the permitted use and wholly contained within the 3 building. All products for retail sale shall be produced, distributed, and/or warehoused on the premises. No outdoor display of merchandise or retail sales shall be permitted 4 unless customarily conducted in the open. Parking for the accessory retail use shall be determined based on the parking requirement for the primary use pursuant to CMC 5 Chapter 21.44. 4. A primary retail use shall cater to or support the industrial and office uses in the P-M 6 zone. 7 Note (applicable to properties located within in the coastal zone): 1. Business and professional offices which are not retail in nature, do not cater to the 8 general public, and do not generate walk-in or drive-in traffic, and are incidental to the industrial uses in the vicinity. 9 2. Any use meeting the definition of an entertainment establishment, as defined in Section 8.09.020 of the Carisbad Municipal Code (CMC), shall be subject to the 10 requirements of CMC Chapter 8.09. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; and the city clerk shall certify the adoption of this ordinance and cause the full text of the ordinance or a summary of the ordinance prepared by the City Attorney to be published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption. (Notwithstanding the preceding, this amendment will automatically sunset when the California Coastal Commission effectively certifies LCPA 09-02). INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 23''^ day of July 2013, and thereafter. /// /// /// /// /// /// /// /// /// -5- 1 PASSED AND ADOPTED at a regular meeting of the City Council of the City of 2 Carisbad on the day of 2013, by the following vote, to wit: 3 AYES: 4 NOES: 5 ABSENT: 6 ABSTAIN: 7 8 APPROVED AS TO FORM AND LEGALITY 9 10 11 12 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CELIA A. BREWER, City Attorney 13 MATT HALL, Mayor 14 ATTEST: BARBARA ENGLESON, City Clerk (SEAL) •6- EXHIBIT 3 1 RESOLUTION NO. 2013-191 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING AN AMENDMENT TO 3 THE LAND USE ELEMENT OF THE GENERAL PLAN TO AMEND THE INDUSTRIAL AND COMMUNITY FACILITIES 4 GUIDELINES, GOALS, OBJECTIVES, AND POLICIES AND IMPLEMENTING PROGRAMS TO PROVIDE GREATER 5 FLEXIBILITY FOR CONDITIONAL USES. CASE NAME: CUP CODE AMENDMENTS 6 CASENQ: GPA 11-05 follows: WHEREAS, pursuant to the provisions of the Municipal Code, the Planning Commission did, on May 1, 2013, hold a duly noficed public hearing as prescribed by law to consider General Plan Amendment (GPA 11-05), as referenced in Planning Commission Resolufion No. 6960; and WHEREAS, the Planning Commission adopted Planning Commission Resolufion No. 6960 recommending to the City Council that GPA 11-05 be approved; and WHEREAS, the City Council of the City of Carisbad, on the ^^rd ^Igy of July , 2013, held a duly noficed public hearing to consider the General Plan Amendment; and WHEREAS, at said public hearing, upon hearing and considering all tesfimony and arguments, if any, of all persons desiring to be heard, the City Council considered all factors relating to the General Plan Amendment. NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Carisbad as follows: 24 2. That the findings of the Planning Commission contained in Planning Commission Resolution No. 6960 on file with the City Clerk and incorporated herein by 25 reference, are the findings of the City Council. 26 3. That the amendment to the General Plan (GPA 11-05) is approved as shown In Planning Commission Resolufion No. 6960, on file with the City Clerk and 27 incorporated herein by reference. 28 \ ' 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 i: 19 20 21 22 23 24 25 26 27 28 "NOTICE TO APPLICANT" The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking review must be filed in the appropriate court not later than the ninetieth day following the date on which this decision becomes final; however, if within ten days after the decision becomes final a request for the record is filed with a deposit in an amount sufficient to cover the estimated cost or preparation of such record, the time within which such petition may be filed in court is extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written request for the preparafion of the record of the proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carisbad, CA. 92008. PASSED, APPROVED AND ADOPTED at a Regular Meefing of the City Council of the City of Carisbad on the 23'"^ day of July, 2013, by the following vote to wit: AYES: NOES: ABSENT: Council Members Hall, Packard, Wood, Blackburn and Douglas. None. None. MATTVHALL, Mayor ATTEST: 19 22 23 24 25 26 27 28 The City Council of the City of Carisbad, California, does hereby resolve as EXHIBIT 4 1 RESOLUTION NO. 2013-192 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING AN AMENDMENT TO 3 THE LOCAL COASTAL PROGRAM (LCP) TO SIMPLIFY AND STREAMLINE THE DEVELOPMENT REVIEW PROCESS BY 4 REASSIGNING THE APPROVAL AUTHORITY FOR CONDITIONAL USE PERMITS TO THE LOWEST 5 APPROPRIATE DECISION-MAKER IN THE NONRESIDENTIAL ZONES, TO AMEND THE TEXT OF THE ZONING ORDINANCE 6 TO PROVIDE GREATER FLEXIBILITY FOR A VARIETY OF CONDITIONAL USES IN THE NONRESIDENTIAL ZONES, AND 7 TO AMEND THE COMMERCIAL VISITOR-SERVING OVERLAY ZONE TO ADDRESS MINOR MISCELLANEOUS AMENDMENTS 8 RELATING TO DECISION-MAKING AUTHORITY FOR CONDITIONAL USES. 9 CASE NAME: CUP CODE AMENDMENTS CASENQ: LCPA 09-02 10 •• 11 follows: 12 WHEREAS, pursuant to the provisions of the Municipal Code, the Planning 13 Commission did, on May 1, 2013, hold a duly noficed public hearing as prescribed by law to 1"^ consider Zone Code Amendment (ZCA 09-03) as referenced in Planning Commission 1^ Resolufion No. 6961, Local Coastal Program Amendment (LCPA 09-02), as referenced in 16 Planning Commission Resolufion No. 6962; and 1^ WHEREAS, the Planning Commission adopted Planning Commission Resolufions No. 6961 and 6962 recommending to the City Council that ZCA 09-03 and LCPA 09-02 be approved; and WHEREAS, the City Council of the City of Carisbad, on the 23rd day of ^1 July , 2013, held a duly noficed public hearing to consider the General Plan Amendment; and WHEREAS, at said public hearing, upon hearing and considering all tesfimony and arguments, if any, of all persons desiring to be heard, the City Council considered all factors relating to the General Plan Amendment. NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council ofthe City of Carisbad as follows: 1 1. That the above recitafions are true and correct. 2 2. That the findings of the Planning Commission contained in Planning Commission Resolutions No. 6961 and 6962 on file with the City Clerk and incorporated herein ^ by reference, are the findings of the City Council. 18 19 20 21 22 23 24 25 26 27 28 3. That the amendment to the Local Coastal Program (LCPA 09-02) is approved as shown in Planning Commission Resolufion No. 6962, on file with the City Clerk and incorporated herein by reference. 4 5 6 4. That the approval of LCPA 09-02 shall not become effective until it is 7 approved by the California Coastal Commission and the California Coastal Commission's approval becomes effective. 8 9 "NOTICE TO APPLICANT" 10 The fime within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Secfion 1094.6, which has been made applicable in the City of 11 Carisbad by Carisbad Municipal Code Chapter 1.16. Any petition or other paper seeking review must be filed in the appropriate court not later than the ninetieth day following the date on which 12 this decision becomes final; however, if within ten days after the decision becomes final a request for the record is filed with a deposit in an amount sufficient to cover the estimated cost 13 or preparation of such record, the time within which such petition may be filed in court is extended to not later than the thirtieth day following the date on which the record is either 14 personally delivered or mailed to the party, or his attorney of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the City Clerk, 15 City of Carisbad, 1200 Carisbad Village Drive, Carisbad, CA. 92008. 16 /// 17 /// /// /// /// /// /// /// /// /// /// /// PASSED, APPROVED AND ADOPTED at a Regular Meefing of the City Council of the City of Carisbad on the 23'" day of July, 2013, by the following vote to wit: AYES: NOES: Council Members Hall, Packard, Wood, Blackburn and Douglas. None. ABSENT: None. 9 10 11 12 13 14 15 16 17 i: 19 20 21 22 23 24 25 26 27 28 MATT( HALL, Mayor ATTEST: BARBARA ENGLESON, City Clerk EXHIBIT 5 ^ PLANNING COMMISSION RESOLUTION NO. 6960 ^ A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN AMENDMENT TO THE LAND USE 4 ELEMENT OF THE GENERAL PLAN TO AMEND THE INDUSTRIAL AND COMMUNITY FACILITIES GUIDELINES, GOALS, OBJECTIVES, AND POLICIES AND 6 IMPLEMENTING PROGRAMS TO PROVIDE GREATER FLEXIBILITY FOR CONDITIONAL USES. 7 CASE NAME: CUP CODE AMENDMENTS CASE NO: GPA 11-05 8 ^ WHEREAS, the City Planner, has filed a verified application with the City of 10 Carlsbad regarding property described as "citywide;" and 11 WHEREAS, said verified application constitutes a request for a General Plan Amendment as shown on Exhibit "X" dated May 1, 2013, attached hereto and on file in the 13 Carlsbad Planning Division, CUP CODE AMENDMENTS - GPA 11-05 as provided in 14 Govemment Code Section 65350 et. seq. and Section 21.52.150 of the Carlsbad Municipal Code; 15 16 17 WHEREAS, the Planning Commission did, on May 1, 2013, hold a duly noticed 18 public hearing as prescribed by law to consider said request; and 19 WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the General Plan Amendment. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 20 21 22 23 24 Commission of the City of Carlsbad, as follows 25 A) That the above recitations are true and correct 26 B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of CUP CODE AMENDMENTS - GPA II- OS, based on the following findings: 27 28 Fmdings; 1. That the proposed amendment to the Land Use Element of the General Plan is 3 consistent with the vision, other elements, and parts of elements of the General Plan, in that the General Plan sets out goals to provide a reasonable tax base and a 4 balance of opportunities for employment of local residents as well as the allowance for a wide range of community service facilities, and the proposed amendment ^ creates additional flexibility and clarification for conditional uses to meet those 6 goals. 7 2. That the proposed amendment fulflUs a need to provide a wider range of conditional uses in the industrial zones and clarifies that educational institutions and schools are 8 appropriate uses in the community facilities zone. 9 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on May 1, 2013, by the following vote, to wit: 11 12 AYES: Chairperson Siekmann, Commissioners Black, L'Heureux, ^3 Montgomery, Schumacher, Scully and Segall NOES: ABSENT: ABSTAIN: 14 15 16 17 18 19 20 L^.T)., >f^6.M'L^^ 21 CARLSBAD PLANNING COMMISSION KERRY^SIEKMANN, Chairpersdn ATTEST: 22 23 24 25 DON NEU 26 City Planner 27 28 PC RESO NO. 6960 -2- Exhibit "X" May 1,2013 C.9 Coordinate provision of peripheral open areas in adjoining residenfial develop- ments to maximize the benefit of the open space. C.10 Encourage a variety of residenfial accom- modations and amenities in commercial areas to increase the advantages of "close in" living and convenient shopping. C.11 Require new residential development to provide pedestrian and bicycle linkages, when feasible, which connect with nearby community centers, parks, schools, points of interest, major transportation corridors and the proposed Carisbad Trail System. C.12 Require new master planned developments and residential specific plans of over 100 acres to provide usable acres to be designated for community facilities such as daycare, worship, youth and senior citizen activities. The exact amount of land will be determined by a future amendment to the Planned Community Zone. C.13 Introduce programs to revitalize all residential areas which are deteriorating or have a high potential of becoming deteriorated. C.14 Ensure that all hillside development is designed to preserve the visual quality of the pre-existing topography. C.15 Consider residential development, which houses employees of businesses located in the PM zone, when it can be designed to be a compatible use as an integral part of an industrial park. C.16 Require new subdivisions to create a unique sense of identity and community through quality architecture, street design, gathering places, recreafion areas and landscaping. COMMUNITY FACILITIES A. GOAL A City which provides land for child daycare facilities, places of worship, educationa! institutions or schools, and other community services facilities. B. OBJECTIVE B.1 Require new and, as appropriate, exisfing master plan developments and residential specific plan developments to provide us- able acres to be designated for community facilities such as child daycare, worship, youth and senior citizen activities, educational institutions or schools, and other appropriate uses. C. IMPLEMENTING POLICIES ACTION PROGRAMS AND C.1 Require new and, as appropriate, existing master plan developments and residential specific plan developments to provide land for a child daycare use and other community facilifies uses. C.2 Require that community facilities sites be reserved for a sufficient time period to al- low development of surrounding residenfial uses which would support those community facilifies uses. C.3 Require that community facilities sites be located within the master plan or residential specific plan to most effectively serve the residents of the master plan or residential specific plan. QrA—Amend the City's Municipal Code to create a Community Facilities zone to identify those uses which will be allowed in the community faoiiities area and to establish development—standards—for—community facilities uses. COMMERCIAL A. GOALS A.1 A City that achieves a healthy and diverse economic base by creating a climate for economic growth and stability to attract quality commercial development to serve the employment, shopping, recreafion, and service needs of Carlsbad residents. A.2 A City that provides for the development of compafible, conveniently located Local, General, Regional, Travel/Recreation Commercial, and Office and Related Commercial uses. C. IMPLEMENTING POLICIES AND ACTION PROGRAMS C.1 Provide a variety of commercial and tourist recreational activities in the Village, especially close to the beach, in connection with special entertainment facilities, restaurants and other uses which will foster the community concept. C.2 Attempt to acquire additional parking areas in the Village and beach area. C.3 Seek ways of strengthening existing establishments through facade and streetscape improvements, upgraded public and private landscaping and aesthetically-upgraded signage. C.4 Promote inclusion of housing opportunities in the Village as part of a mixed-use concept. INDUSTRIAL A. GOAL A City which develops an industrial base of light, pollution-free industries of such magnitude as will provide a reasonable tax base and a balance of opportunities for employment of local residents. B. OBJECTIVES B.1 To provide industrial lands which can accommodate a wide range of industrial uses, including those of relatively high intensity, while minimizing negative impacts to surrounding land uses. B.2 To provide and protect industrial lands for the development of communities of high technology, research and development industries and related uses set in campus or park-like settings. B.S To provide and protect industrial lands which can accommodate a wide range of moderate to low intensity industrial uses capable of being located adjacent to B.4 Exhibit "X" May 1, 2013 residential areas with minimal buffering and attenuation measures. To concentrate new industrial uses within the present boundaries of the industrial corridor as shown on the Land Use Plan. B.S To encourage planned industrial parks as the preferred method of accommodating industrial uses. B.6 To ensure that planned industrial parks serve the commercial needs of employees by providing commercial development sites within each park. C. IMPLEMENTING POLICIES ACTION PROGRAMS AND C.1 Limit the amount of new industrial land uses to those which can feasibly be supported by desirable environmental quality standards and the current growth rate of the trade area and the City. Protect these areas from encroachment by incompafible land uses. C.2 Limit general industrial development within the community to those areas and uses with adequate transportation access. These areas should be appropriate to and compatible with surrounding land uses including the residential community. C.3 Provide for industrial sites that are large enough and level enough to permit ample space to meet on-site development standards as well as areas for expansion. C.4 Concentrate more intense industrial uses in those areas least desirable for residential development ~ in the general area of the flight path corridor of McClellan-Palomar Airport. C.5 Protect the integrity and promote the identity of industrial districts by bounding them by significant physical features such as primary streets, streams and railroads. C.6 Ensure that the physical development of industrial areas recognizes the need for compafibility among the industrial establishments involved and does not permit incompatible uses. c.7 Recognize that the existing boundaries of the industrial corridor along Palomar Airport Road reflect the impact of the present size and operation of the airport especially as it relates to residential type uses. Therefore, no expansion of the boundaries of the airport should be considered, without authorization by a majority of the Carisbad electorate as required by Carisbad Municipal Code Section 21.53.015. C.8 Require new industrial specific plans to provide, within the proposed development, a commercial site designed to serve the commercial needs of the occupants of the business park. Such a site should be located generally at the intersection of prime, major or secondary arterials in consolidated centers. At least one corner of one such intersection must be developed as commercial unless the applicant can show why another nearby site is better. C.9 Atiowlnclude provisions in the Planned Industrial (P-M) zone for ancillary commercial/—retail.-—by conditional—use permit, ancillary commercial, office, places of worship, af^recreational—4:*ses^__aod other service uses when cleariy oriented to support industrial developments and their populations. These include^ but are not limited to^ commercial/retail sen/ices which are accesson/ to the primary use, conference facilities, churches, daycare centers, recreation facilities, educational facilities, -and short-term lodging. C.10 Require new industrial development to be located in modern, attractive, well- designed and landscaped industrial parks in which each site adequately provides for internal traffic, parking, loading, storage, and other operational needs. C.11 Regulate industrial land uses on the basis of performance standards, including, but not limited to, noise, emissions, and traffic. C.12 Control nuisance factors (noise, smoke, dust, odor and glare) and do not permit them to exceed city, state and federal standards. Exhibit "X" May 1,2013 C.13 Require private industrial developers to provide for the recreational needs of employees working in the industrial area. C.14 Screen all storage, assembly, and equipment areas completely from view. Mechanical equipment, vents, stacks, apparatus, antennae and other appurtenant items should be incorporated into the total design of structures in a visually attractive manner or should be entirely enclosed and screened from view. C.15 Analyze the feasibility of zone changes to redesignate the Commercial Manu- facturing Zone and the Manufacturing Zone as Planned Industrial Zones. AGRICULTURE A. GOALS A.1 A City which prevents the premature elimination of agricultural land and preserves said lands wherever possible. A. 2 A City which supports agriculture while planning for possible transition to urban uses. B. OBJECTIVES B.1 To permit agricultural land uses throughout the City. B.2 To conserve the largest possible amount of undeveloped land suitable for agricultural purposes, through the willing compliance of affected parties. B. S To develop measures to ensure the compafibility of agricultural production and adjacent land uses. C. IMPLEMENTING POLICIES AND ACTION PROGRAMS C.1 Support and utilize all measures available, including the Williamson Act, to reduce the financial burdens on agricultural land, not only to prevent premature development, but also to encourage its continued use for agricultural purposes. 1 PLANNING COMMISSION RESOLUTION NO. 6961 ^ A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONING ORDINANCE AMENDMENT TO 4 SIMPLIFY AND STREAMLINE THE DEVELOPMENT REVIEW PROCESS FOR CONDITIONAL USE PERMITS IN 5 THE NONRESIDENTIAL ZONES BY REASSIGNING THE APPROVAL AUTHORITY TO THE LOWEST APPROPRLATE 6 DECISION-MAKER, TO AMEND THE TEXT OF THE ZONING ORDINANCE TO PROVIDE GREATER 7 FLEXIBILITY FOR A VARIETY OF CONDITIONAL USES IN THE NONRESIDENTIAL ZONES, AND TO AMEND THE ^ COMMERCLAL VISITOR-SERVING OVERLAY ZONE TO ADDRESS MINOR MISCELLANEOUS AMENDMENTS RELATING TO DECISION-MAKING AUTHORITY FOR CONDITIONAL USES. CASE NAME: CUP CODE AMENDMENTS CASE NO: ZCA 09-03 9 10 11 12 WHEREAS, the City Planner has prepared a proposed Zone Code Amendment 13 with the City of Carlsbad regarding property described as "citywide," pursuant to Section 14 21.52.020 of the Carlsbad Municipal Code to amend the Zoning Ordinance to simplify and 1^ streamline the development review process for conditional use permits in the nonresidential zones by reassigning the approval authority to the lowest appropriate decision-maker and to provide greater flexibility for a variety of conditional uses in the nonresidential zones; and WHEREAS, the proposed amendment is set forth in the draft City Council Ordinance, Exhibit "Y" dated, May 1,2013, and attached hereto CUP CODE AMENDMENTS -ZCA09-03; and WHEREAS, the Plaiming Commission did on May 1, 2013, hold a duly noticed public hearing as prescribed by law to consider said request; and 16 17 18 19 20 21 22 23 24 WHEREAS, at said public hearing, upon hearing and considering all testimony 25 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 26 relating to the Zone Code Amendment. 27 28 ^ NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 2 17 18 23 24 25 Commission as follows: A) That the foregoing recitations are true and correct. 3 4 .. B) That based on the evidence presented at the public hearing, the Commission 5 RECOMMENDS APPROVAL of CUP CODE AMENDMENTS - ZCA 09- 03, based on the foUowdng findings: 6 Findings: 7 1. That the proposed Zone Code Amendment ZCA 09-03 is consistent wdth the General ^ Plan in that the proposed amendment does not conflict with any goal, objective or ^ policy of the General Plan as amended by GPA 11-05. IQ 2. That the proposed ZCA 09-03 reflects sound principles of good planning in that it is consistent with the General Plan as amended by GPA 11-05 and with the procedures 11 and standards of the other provisions of the Zoning Ordinance that are not proposed for amendment. 12" 13 14 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, held on May 1,2013, by the following vote, to wit: AYES: Chairperson Siekmann, Commissioners Black, L'Heureux, J ^ Montgomery, Schimiacher, Scully and Segall NOES: ABSENT 19 ABSTAIN 20 21 ""^V^^ K SaU^r.MJcK^ KERRY SIEKMANN, Chairperson 22 CARLSBAD PLANNING COMMISSION ATTEST: 26 DON NEU City Plarmer 27 28 PC RESO NO. 6961 1 PLANNING COMMISSION RESOLUTION NO. 6962 3 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN AMENDMENT TO THE CARLSBAD 4 LOCAL COASTAL PROGRAM TO SIMPLIFY AND STREAMLINE THE DEVELOPMENT REVIEW PROCESS 5 FOR CONDITIONAL USE PERMITS IN THE NONRESIDENTIAL ZONES BY REASSIGNING THE 6 APPROVAL AUTHORITY TO THE LOWEST APPROPRIATE DECISION-MAKER, TO AMEND THE TEXT OF THE 7 ZONING ORDINANCE TO PROVIDE GREATER FLEXIBILITY FOR A VARIETY OF CONDITIONAL USES IN 8 THE NONRESIDENTIAL ZONES AND TO AMEND THE COMMERCL\L VISITOR-SERVING OVERLAY ZONE TO 9 ADDRESS MINOR MISCELLANEOUS AMENDMENTS RELATING TO DECISION-MAKING AUTHORITY FOR CONDITIONAL USES. CASE NAME: CUP CODE AMENDMENTS CASE NQ: LCPA 09-02 10 11 12 13 14 15 16 17 WHEREAS, California State law requires that the Local Coastal Program Land Use Plan, and Zoning Ordinance (LCP Implementation Plan) applicable to properties in the Coastal Zone be in conformance; and WHEREAS, the City of Carlsbad, "Applicant," has filed a verified application for an amendment to the Local Coastal Program; and WHEREAS, said verified application constitutes a request for a Local Coastal 19 Program Amendment as shown on Exhibit "Y" dated May 1, 2013, attached to Planning 20 Commission Resolution No. 6960 as provided in Public Resources Code Section 30514 and 21 Section 13551 of Califomia Code of Regulations Title 14, Division 5.5; and 22 WHEREAS, the Planning Commission did on May 1, 2013, hold a duly noticed 23 public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Local Coastal Program Amendment; and 24 25 26 27 28 1 2 3 4 5 6 „ B) At the end of the State-mandated six-week review period, starting on June 15, 7 2012 and ending on July 27, 2012, staff shall present to the City Council a ^ summary of the comments received. 9 WHEREAS, State Coastal Guidelines requires a six-week public review period for any amendment to the Local Coastal Program. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad, as follows: A) That the foregoing recitations are true and correct. C) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of CUP CODE AMENDMENTS - LCPA 09- jQ 02 based on the following findings: 11 Findings: 12 1. That the proposed Local Coastal Program Amendment meets the requirements of, and is in conformity with, the policies of Chapter 3 of the Coastal Act and all applicable policies 13 of the Carlsbad Local Coastal Program not being amended by this amendment, in that the amendments ensure consistency with the Carlsbad Zoning Ordinance and do not 14 conflict with any coastal zone regulations, land use designations or policies. 15 2. That the proposed amendment of the Carlsbad Local Coastal Program is required to bring it into consistency with the proposed Zone Code Amendment (ZCA 09-03). 16 17 18 19 20 21 22 23 24 25 26 27 28 PC RESO NO. 6962 -2- 1 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning 2 Commission of the City of Carlsbad, held on May 1,2013, by the following vote, to wit: 3 AYES: Chairperson Siekmann, Commissioners Black, L'Heureux, 4 Montgomery, Schumacher, Scully and Segall 5 NOES: 6 ABSENT: 7 ABSTAIN: 8 10 J d Li •>'^^^^a,AiU,/ KERRY SIEKMANN, Chairpersbn 11 CARLSBAD PLANNING COMMISSION 12 13 14 KERRY SIEKMANN, Chairpersbn ATTEST: I2L 1^ DON NEU , ^ City Planner ID 17 18 19 20 21 22 23 24 25 26 27 28 PC RESO NO. 6962 -3- / / Up EXHIBIT 6 The City of Carlsbad Plaimli^ Mfision A REPORT TO THE PLANNING GOMBflSSION Item No 0 P.C AGENDA OF: April 17,2013 .^^licatioa coti^lete date: N/A Project Pianoer: Shannon Waneke Projo:! Engineer: N/A SUBJECT: GPA 11-Q5/ZCA 09-03/LCPA 09-02 - CUP CODE AMENDMENTS ~ A request for a recommendation of approval of a General Plan Amendment, Zone CcKie Amendment, and Local Coastal Program Amoidment to siu^lify and streamline the development review process for conditional me permits in the nonresidential zones by reassigning the approval authority to the lowest appropriate decision-maker, to amend fhe text of the General Plan and Zoning Ordinance to provide greater flexibility for a variety of conditional uses in the nonresidential zones, and to amend the Commercial Visitor-Serving Overlay Zone to address minor miscellaneous amendments relating to decision-making authority for conditional uses. RECOMMENDATION That the Planning Commission ADOPT Planmng Commission Resolutions No. 69^, 6961 and 6962 RECOMMENDING APPROVAL of GPA 11-05, ZCA 09-03, and LCPA 09-02 based on the finding contained therein. IL INTRODUCTION The proposed project entails a city-initiated General Plan Amendment, Zone Code Amendment and Local Coastal Program Amendment to simplify and streamline the development review process by reassigning the approval authority to the lowest appropriate decision-maker for conditional use permits in the nonresidential zones. In addition, amendments are proposed to the General Plan and the Zoning Ordinance to allow for a greater variety of land uses in the nonresidential zones, with a specific focus placed on the P-M (Planned Industrial) zone. The project also includes minor amendments to the text of the Zoning Ordinance, including the Commercial Visitor-Serving Overlay Zone, to update the decision-making audiority references. Finally, the code amendment corrects inadvertent omissions (i.e., "clean-up" amendments) that were made as a result of a prior Zone Code Amendment relating to conditional use permits that was approved in 2006 (ZCA 04-09/LCPA 04-15). The proposed amendments to the General Plan, Zoning Ordinance, and Local Coastal Program (LCP) provide consistency between the documents. With respect to the LCP amendment, the Zoning Ordinance is the LCP implementing ordinance; dierefore an LCP amendment is necessary and wifl need to be reviewed and approved by the Califomia Coastal Commission (CCC) prior to it becoming effective. However, no poition of the LCP land use plan is proposed to be amended. The amendments to the General Plan are not subject to review and approval by the CCC as the General Plan is not a part ofthe Local Coastal Program. GPA 11-05/ZCA 09-03/LCPA 09-02 - CUP CODE AMENDMENTS April 17, 2013 PAGE 2 III. PROJECT DESCRIPTION AND BACKGROUND Background In 2006, the Planning Commission recommended approval and the City Council subsequently approved a city-initiated Zone Code Amendment and Local Coastal Program Amendment to revise the procedures and regulations goveming conditionally-permitted uses (ZCA 04-09/LCPA 04-15). A number of amendments were made to the Zoning Ordinance to simplify and streamline the development review process for Conditional Use Permits. One of the major changes that resulted from this amendment was the creation of a Minor Conditional Use Permit (MCUP), an administrative permit for less controversial conditional uses whereby the City Planner would have the authority to approve the conditional use rather than the Planning Commission (i.e.. Conditional Use Permit) at a public hearing. This change from the public hearing process to an administrative process was proposed for a select and limited list of uses. While the creation of the MCUP process has been largely successful in reducing the cost and processing time for applicants, due to the limited extent of the types of uses which currently qualify to be processed through a Minor Conditional Use Permit very few requests (i.e., wireless communication facilities), have been processed at the administrative level. As a result of the Business Forum hosted by the City Council in the spring of 2009, staff engaged in a public outreach program to elicit and clarify input from the development community about potential improvements to the city's development review process. In July of 2009, a Development Review Process Working Group was established to research ways in which the city's development review process (DRP) could be improved. The Working Group comprised a cross section of the development community, including representatives from the Building Industry Association (BIA), Chamber of Commerce, architects, builders, engineers, and planners. A number of initiatives were established and subgroups were subsequently created to address each of the initiatives. The Working Group presented a Summary Recommendations Report to the City Council in November, 2009. The City Council endorsed the results of the Report and directed staff to proceed with the work necessary to implement the specific recommendations. One of the initiatives established through this Working Group is entitled "Decision-Making Levels." The intent of this initiative is as follows: "To streamline the discretionary permit approval process by reassigning approval authority to the lowest appropriate decision-making authority... " A number of city-initiated code amendments have been recently approved to implement the above-referenced initiative as well as several other initiatives. The scope of the subject amendment specifically relates to Conditional Use Permits and is described in greater detail below. Proiect Description The Community and Economic Development Department has processed a number of conditional use permits at the Planning Commission level for churches, recreational uses such as pools or GPA 11-05/ZCA 09-03/LCPA 09-02 - CUP CODE AMENDMENTS April 17,2013 PAGE 3 gyms, and educational facilities such as dance or martial arts schools. With exception to churches, the conditional use permit requests have been predominantly located in nonresidential zones and have generated very little to no controversy due to the location in business parks, industrial buildings, etc., and the compatibility with respect to the peak time in which the facilities are being utilized (i.e. at night or on the weekends when offices are typically closed). Due to the non-controversial nature of these types of requests in the nonresidential zones, as well as recommendations from the city's DRP Working Group, the city has initiated a CUP code amendment to amend the General Plan, Zoning Ordinance and the Local Coastal Program. For a specific description of each proposed amendment and its associated analysis, please see Attachments 4-8 of the staff report. The changes can be broadly summarized as follows: A. Reassignment of Decision-Making Authority In Nonresidential Zones Amendments in this category entail reassigning the approval authority (i.e. City Council to Planning Commission, Planning Commission to City Planner) to the lowest appropriate decision- making authority for a number of conditionally-permitted uses in the nonresidential zones. The proposal to reassign the levels of review for conditional use permits aims to reduce the cost and time for applicants and private property owners to obtain land use entitlements, thus facilitating economic development within the business sector of the community. For a detailed list of the types of uses which have been included or excluded in the scope of the CUP decision-making authority revisions, please see Attachment 4, B. Amendments to the Planned Industrial (P-M) Zone In addition to the above-referenced code amendment to reassign the approval authority for certain conditional uses in nonresidential zones such as the P-M zone, the scope of the subject CUP code amendment also includes the following text amendments to the P-M zone: 1. Revise CMC Section 21.34.010, "Intent and Purpose," ofthe P-M (Planned hidustrial) zone to allow for greater flexibility in the types of uses that could locate in the P-M zone; 2. Based on the guidance received from City Council at a workshop on December 18, 2012, an additional use category in the P-M (Planned Industrial) zone land use matrix is proposed to allow a limited amount of accessory retail space to be permitted by a Minor Conditional Use Permit, which is subject to approval by the City Planner. Specifically, the following is proposed: Retail, accessory use, including tasting/sampling rooms, showrooms, miscellaneous retail, up to 20% of the gross floor area of the building or suite (as applicable) or 2,000 square feet, whichever is less. To qualify as an accessory retail use, the use shall be accessory to the primary use and wholly contained within the structure(s). In addition, all products for retail sale are required to be produced, distributed, and/or warehoused on the premises. 3. Add "Educational facilities-other" to the P-M land use matrix to allow for educational services such as trade, cosmetology, pet grooming, music, dance, martial arts, gymnastics, subject to the approval of a Minor Conditional Use Permit. IP \ GPA 11-05/ZCA 09-03/LCPA 09-02 - CUP CODE AMENDMENTS April 17, 2013 PAGE4 For a detailed list of uses which will be affected by the proposed Zone Code Amendment, please see Attachments 4, 5 and 7. C. Amendments to the Commercial Visitor-Serving Overlay Zone (CVSOZ) Amendments proposed to the Commercial Visitor-Serving Overlay Zone include updating references regarding the decision-making authority, where applicable, and modifying the references to the P-M zone to coincide with the amendments proposed to CMC Section 21.34.010, Intent and Purpose of the P-M zone (please see discussion in Section B.1 above). In addition to other minor "clean-up" amendments to Chapter 21.208, the separation requirements between hotels and motels are proposed to be deleted. D. Clarity and Code Usability Amendments proposed under this category are intended to clarify portions of the code relating to conditional use permits that are unclear and to generally make the Zoning Ordinance more readable and intemally consistent. E. Typographical and Other Minor Errors Amendments in this category include the correction of inadvertent omissions (i.e., "clean-up" amendments) in the nonresidential zones that resulted from the prior CUP amendment in 2006. This includes the addition of uses in the Limited Control (L-C) zone which were inadvertently omitted as well as the elimination of conditional uses in various nonresidential zones which are incompatible with the intent of the zoning designation. F. Amend the Land Use Element of the General Plan An amendment to Industrial Policy C.9 of the General Plan Land Use Element is proposed to remove reference to the requirement for conditional uses to be "clearly" oriented to support industrial developments. In addition, an amendment to Community Facilities Goal A and Objective B(l) of the General Plan Land Use Element is proposed to allow for public and private schools to be located in the Community Facilities zones. These amendments will provide consistency between the General Plan and the CUP-related amendments proposed to the Zoning Ordinance. In addition, the proposed amendment will allow for greater flexibility in the types of conditional uses allowed in the nonresidential zones, while still providing staff with the discretion to review the compatibility of the use through a conditional use permit. This action is not subject to review by the Califomia Coastal Commission as it is not part of the Local Coastal Program. IV. ANALYSIS The proposed project is subject to the following plans, ordinances, standards, and policies: A. General Plan, Zoning Ordinance, and Local Coastal Program; and B. McClellan-Palomar Airport Land Use Compatibility Plan (ALUCP) GPA 11-05/ZCA 09-03/LCPA 09-02 - CUP CODE AMENDMENTS April 17, 2013 PAGE 5 A. General Plan, Zoning Ordinance, and Local Coastal Program Consistency With the overarching goal of enhancing the business climate without compromising other city goals, the proposed amendments to the General Plan, Zoning Ordinance, and Local Coastal Program will provide the necessary tools to allow businesses to establish or expand in a less costly and timelier manner. As the proposed amendments primarily focus on reassigning the levels of review for Conditional Use Permits and increasing the flexibility for uses in the nonresidential zones, no substantive changes to development standards, processes, policies or programs are proposed. An integral component of any Zoning Ordinance amendment is a requirement to find that the proposed amendments are intemally consistent with the procedures and standards of the remaining portion of the existing Zoning Ordinance that is not proposed for amendment as well as consistency with the General Plan and Local Coastal Program. Staff has analyzed the proposed amendments and finds that the amendments are intemally consistent with the other provisions of the Zoning Ordinance not being amended and, with the inclusion of the minor revisions to the General Plan policies, the proposed amendments do not create any conflicts with the provisions of the General Plan or Local Coastal Program. B. McClellan-Palomar Airport Land Use Compatibility Plan As the proposed amendments are applicable citywide, the project is subject to the provisions of the McClellan Palomar Airport Land Use Compatibility Plan (ALUCP). However, since no physical development is proposed in association with the project, the Airport Land Use Commission determined that the project was consistent with the ALUCP and issued a Consistency Determination letter on June 14, 2012. V. ENVIRONMENTAL REVIEW The proposed amendments are exempt from environmental review pursuant to CEQA Section 15061(b)(3), which exempts projects "where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment." The changes proposed by this project are primarily procedural in nature, are not substantial, and will not significantly affect the existing development standards in the Zoning Ordinance; therefore, the project will not result in a significant effect on the environment. Therefore, a Notice of Exemption will accordingly be filed by the City Planner. ATTACHMENTS: 1. Planning Commission Resolution No. 6960 (GPA) 2. Planning Commission Resolution No. 6961 (ZCA) 3. Planning Commission Resolution No. 6962 (LCPA) 4. CUP decision-making authority summary tables 5. Analysis table for proposed Zoning Ordinance text amendments 6. Analysis table for General Plan text amendments 7. Strike-out/underline version of the proposed Zoning Ordinance text amendments 8. Strike-out/underline version of the proposed General Plan text amendments ATTACHMENT 4 GPA 11-05/ZCA 09-03/LCPA 09-02 CUP CODE AMENDMENT TABLE A REASSIGNMENT OF APPROVAL AUTHORITY FOR CUPs IN NON-RESIDENTIAL ZONES (see note 1 below) LEGEND X = Existing decision-making authority - Proposed decision-making authority Conditional Use City Council Planning Commission City Planner Permitted Adult and/or senior daycare and/or recreation facility (private or non-private) X Aquaculture X Aquaculture stands X Athletic clubs, gymnasiums, health clubs, and physical conditioning business X Athletic fields X / Bowling alley X / Car wash X / Clubs- nonprofit, business, civic, professional, etc. X / Cultural activities and facilities X Delicatessen X Drive-thru facilities (not restaurant) X Educational facilities, other X Entertainment activities and festivities X Gas station X Hotels and motels X Kermel X Liquor store in C-2 and C-L zones X Mobile buildings X Newspaper/periodical printing X Parking facilities (primary use)(i.e., day use, short-term, non-storage) X Picnic areas (private) X Playgrounds X Pool halls/billiard parlors X ATTACHMENT 4 Conditional Use City Council Planning Commission City Planner Permitted Public meeting halls, exhibit halls, and museums X Recreation facilities X / Restaurants (bona fide eating establishment), tea rooms, coffee shops, cafes, and take- out service (excluding drive- thru) X Retail, accessory use (see note 2 below) Tennis courts X Theaters (motion picture or live) - indoor X Veterans' organizations (including meeting facilities) X Welfare and charitable services (private or semi- private with no permanent residential uses (e.g., Goodwill, Red Cross) X Youth organizations (e.g., Boy Scouts, Girl Scouts, Boys and Girls Clubs, YMCA, and YWCA, except lodgings) X Notes 1. 2. This table is for general reference only. Several of the above-referenced uses are currently permitted by right in the commercial zones but require a conditional use permit in the industrial zones. For specific details regarding whether a use is currently permitted by right or by a conditional use permit, please refer to Attachments 5 and 7 (sunmiary table and strike-out/underline of each zone) for details. Retail as a primary use currently requires the approval of a conditional use permit from the Planning Commission in the P-M zone. No changes are proposed for retail as a primary use as part of the subject CUP zone code amendment. However, one additional retail category is proposed to be added to the P-M zone, which will allow a limited amount of retail space as an accessory use with a Minor Conditional Use Permit. Speciflcally, the following proposed: Minor Conditional Use Permit reauired, subiect to approval bv Citv Planner Retail, accessory use, including tasting/sampling rooms, showrooms, miscellaneous retail, up to 20% of the gross floor area of the building or suite (as applicable) or 2,000 square feet, whichever is less. ATTACHMENT 4 TABLE B CONDITIONAL USES IN NON-RESIDENTIAL ZONES EXCLUDED FROM SCOPE OF REASSIGNMENT OF APPROVAL AUTHORITY AMENDMENT (i.e., decision-making authority to remain unchanged) Conditional Use City Council Planning Commission City Planner Airports X Alcoholic treatment centers X Amusement parks X Aquariums X Arcades X Auto storage/impound yard X Auto wrecking yards X Bait shops (accessory to a recreation facility) X Bed and Breakfasts X Biological habitat preserve X Boat launching/docking facilities X Campsites X Cemeteries (may include columbariums or X mausoleums) Child day care center X Churches, synagogues, temples, convents, monasteries and other places of worship X Drug paraphemalia store X Dumps X Educational institutions or schools. X public/private Emergency Shelter, more than 30 beds or X persons Escort service X Fairgrounds X Farmers Markets X Farmworker housing complex, small X Farmworker housing complex, large X Golf courses X Greenhouses > 2,000 square feet X Hazardous waste facility X Hospital X Hospital (mental) X Liquor store in C-l zone X Marinas X Mills, planing X Mini-warehouse/self-storage X Mortuaries X Nightclubs, dance clubs, and other X establishments that play live or recorded music 74 ATTACHMENT 4 Conditional Use City Council Planning Commission City Planner Oil and gas facilities X Packing/sorting sheds > 600 square feet X Park (public) X Pavmshops X Produce stands X Public/quasi-public buildings and facilities and accessory utility buildings/facilities X Racetracks X Radio/television/microwave/broadcast X station tower Recreational vehicle storage X Recycling facilities, small X Recycling collection facilities, large X Recycling process/transfer facility X Religious reading room (separate from church) X Residential uses located above the ground X floor of a multi-story, commercial building (C-l, C-2, C-L) Residential uses in the P-M zone X Retail uses, primary use, in P-M zone X Satellite antennae (>1 per use) X Stables/riding academies X Stadiums X Tattoo parlors X Theaters, stages, amphitheaters - outdoor X Thrift shops X Time share projects X Transit passenger terminals (bus and train) X Transit storage (ex., rolling stock) X Veterinary clinic/animal hospital (small animals) X Windmills (exceeding height limit of X zone) Wireless communication facilities X X Youth organizations (e.g.. Boy Scouts, X Girl Scouts, Boys and Girls Clubs, YMCA, and YWCA, except lodgings) Zoos (private) X Note: This table is for general reference only. Several of the above-referenced uses are currently permitted by right in the commercial zones but require a conditional use permit in the industrial zones. For speciflc details regarding whether a use is currently permitted by right or by a conditional use permit, please refer to Attachments 5 and 7 (summary table and strike- out/underline of each zone) for details. ZCA 09-03/LCPA 09-02 CUP CODE AMENDMENTS Summary of Amendments to the Text of the Zoning Ordinance ATTACHMENT 5 Ref.# Proposed Amendment Discussion/Analysis Code Sectlon(s) Zone/ Chapter 1. "Adult and/or senior day care and/or recreation facility (private or non- private)" Although a relatively uncommon conditional use in the nonresidenfial zones, the Minor Condifional Use Permit (MCUP) is appealable to the Planning Commission. a. In the C-F and C-L zones, reassign approval authority of the Condifional Use Permit from the Planning Commission to the City Planner (i.e., MCUP); and 21.25.040 21.26.010 21.28.010 21.31.030 C-F C-1 C-2 C-L b. In the C-1 and C-2 zones, add the conditional use to the use matrix, subject to the approval of a MCUP by the City Planner. 2. "Airports" In the O, C-1, and C-2 zones, delete the conditional use from the use matrix. McClellan Palomar Airport is located in the M (Industrial) zone. While addifional airports are unlikely, the condifionally-permitted use remains in the matrices for the P-M, C-M and M zones. This amendment proposes to eliminate "Airports" from the standard commercial and general office zones. 21.26.010 21.27.020 21.28.010 C-1 0 C-2 3. "Alcoholic treatment centers" In the P-U zone, delete the condifional use from the matrix. The use is incompatible with the purpose and intent of the P-U (Public Utility) zone and is currently a conditionally permitted use in the C-1, O, C-2, C-M, M, and P-M zones. 21.36.020 P-U ATTACHMENT 5 Ref. # Proposed Amendment Discussion/Analysis Code Section(s) Zone/ Chapter 4. "Aquaculture (defined: Section 21.04.036)" a. In the C-2, C-M, M, O-S, P-M and P-U zones, reassign the approval authority of the Conditional Use Permit from the Planning Commission to the City Planner (i.e., MCUP); and b. In the C-1, 0 and R-P zones, delete use from matrix. a. Although a relatively uncommon conditional use in the nonresidenfial zones, the MCUP is appealable to the Planning Commission; and b. Aquaculture is not an appropriate use in the Neighborhood Commercial, Residenfial- Professional or Office zones. 21.18.020 21.26.010 21.27.010 21.28.010 21.30.010 21.32.010 21.33.020 21.34.020 21.36.020 R-P C-1 0 C-2 C-M M O-S P-M P-U 5. "Aquaculture stands (display/sale)(subject to Section 21.42.140(B)(10))" Provide consistency with recommendation to reassign level of review for "Aquaculture." The MCUP is appealable to the Planning Commission. a. In the O-S and P-U zones, reassign approval authority of the Condifional Use Permit from the Planning Commission to the City Planner (i.e., MCUP). b. Add conditional use to zones in which "Aquaculture" is a conditionally- allowed primary use (i.e., MCUP). 21.28.010 21.30.010 21.32.010 21.33.020 21.34.020 21.36.020 C-2 C-M M O-S P-M P-U 6. "Athletic ciubs, gymnasiums, health clubs, and physical conditioning businesses" In the O and P-M zones, reassign the approval authority of the Conditional Use Permit from the Planning Commission to the City Planner (i.e., MCUP). Gyms are currenfiy permitted uses in the C-1, C-2, C-M, C-L and M zones. The proposed amendment to reassign the level of review for the Condifional Use Permit from the Planning Commission to the City Planner in the O and P-M zones streamlines the process while retaining the discretion in the review of the appropriateness of the conditional use. The Minor Condifional Use Permit is appealable to the Planning Commission. 21.27.010 21.34.020 O P-M ATTACHMENT 5 Ref.# Proposed Amendment Discussion/Analysis Code Section(8) Zone/ Chapter 7. "Athletic fields" a. In the C-F zone, add use to the matrix, subject to the approval of a Minor Condifional Use Permit. a. Athletic fields are an appropriate conditional use in the Community Facilifies Zone. The Minor Condifional Use Permit is appealable to the Planning Commission. 21.25.040 21.33.020 C-F O-S b. In the O-S zone, reassign the approval authority of the Conditional Use Permit from the Planning Commission to the City Planner (i.e., MCUP). b. The proposed amendment to reassign the level of review for the Condifional Use Permit from the Planning Commission to the City Planner in the O-S zone streamlines the process while retaining the discretion in the review of the appropriateness of the conditional use. The Minor Condifional Use Permit is appealable to the Planning Commission. 8. "Attorney services" Delete in the P-M zone to reconcile the duplicity of the use in the matrix. The P-M zone already includes "Attorney" as a permitted use. 21.34.020 P-M 9. "Banks and other financial institutions without drive-thru facilities" In the C-1, C-L, and P-M zones, revise the matrix to add as a permitted use. Banks are appropriate support uses in the commercial and industrial zones. The use is currently permitted in the R-P and O zones; adding the use to the commercial and industrial zones will provide consistency throughout the nonresidential zones. 21.26.010 21.31.030 21.34.020 C-1 C-L P-M ATTACHMENT 5 Ref.# Proposed Amendment Discussion/Analysis Code Section(s) Zone/ Chapter 10. "Bowling alley (subject to Section 21.42.140(B)(35))(defined: Section 21.04.057)" a. Delete use from the C-1 zone; and a. The C-1 (Neighborhood Commercial) zone is intended for lower intensity commercial uses which are adjacent to residential development. A bowling alley is a compatible use in the C-2, C-M and C-L zones which have higher intensity commercial uses; and 21.26.010 21.28.010 21.30.010 21.31.030 C-1 c-2 C-M C-L b. In the C-2, C-M and C-L zones, reassign the approval authority of the Conditional Use Permit from the Planning Commission to the City Planner (i.e., MCUP). b. The conditional use is typically noncontroversial in the higher intensity commercial zones. Should there by an issue with respect to the compafibility of the use, the Minor Condifional Use Permit is appealable to the Planning Commission. 11. "Breweries (see "Retail uses" for allowable area for tasting/sampling rooms, etc.)" In the C-M and P-M zones, add use to the matrix, subject to the approval of a Minor Condifional Use Permit. A brewery with an accessory tasting room is an appropriate conditional use in the Heavy Commercial-Limited Industrial (C-M) and Planned Industrial (P-M) zones. 21.30.010 21.34.020 C-M P-M 12. "Campsites (overnight)(subject to Section 21.42.140(B)(40))" In the R-P, C-1, O, C-2, C-M, M, P-M and P-U zones, delete the conditional use from the use matrix. A campsite is not the highest or best use for the commercial or industrial zones; the use remains permitted and is an appropriate use in the O-S zone. 21.18.020 21.26.010 21.27.010 21.28.010 21.30.010 21.32.010 21.34.020 21.36.020 R-P C-1 0 C-2 C-M M P-M P-U ™9 ATTACHMENT 5 Ref.# Proposed Amendment Discussion/Analysis Code Sectlon(s) Zone/ Chapter 13. "Car wash (subject to Section 21.42.140(B)(45))" a. In the C-1 zone, delete use from matrix. b. In the C-2 and C-L zones, reassign the approval authority of the Conditional Use Permit from the Planning Commission to the City Planner (i.e., MCUP). a. A car wash is an incompatible use in a zone which may abut residential uses; and b. Car washes are typically noncontroversial in the higher intensity nonresidenfial zones such as the C-2 and C-L zones. The Minor Condifional Use Permit is appealable to the Planning Commission. 21.26.010 21.28.010 21.31.030 C-1 C-2 C-L 14. "Cemeteries" a. Add "(may include accessory mausoleums and columbariums)" to the O-S zone for "cemeteries"; and b. In the R-P, C-1, 0, C-2, C-M, M, P-M, and P-U zones, delete the conditional use from the matrix. a. General clean-up item to provide clarificafion that a cemetery may include mausoleums or columbariums; and b. Cemeteries are not the highest or best use in the commercial or industrial zones; the use remains as a condifionally permitted use in the O-S zone. 21.18.020 21.26.010 21.27.010 21.28.010 21.30.010 21.32.010 21.33.020 21.34.020 21.36.020 R-P C-1 O C-2 C-M M O-S P-M P-U 15. "Charitable service (private/semi- private)" In the C-F zone, delete use from the matrix. "Welfare and charitable services..." is currently included as a condifional use in the C-F zone matrix. To eliminate duplicity and provide clarity, the use is proposed to be deleted from the matrix. Please see Reference No. 58 below for details. 21.25.040 C-F 16. "Civic association (e.g., League of Women Voters, etc.)" In the C-F zone, delete use from matrix. The condifional use is proposed to be removed from the matrix since "Clubs-nonprofit, business, civic, professional, etc." is a condifionally approved use in the C-F zone. 21.25.040 C-F ATTACHMENT 5 Ref.# Proposed Amendment Discussion/Analysis Code Sectlon(s) Zone/ Chapter 17. "Clubs-nonprofit; business, civic, professional, etc. (defined: Section 21.04.090)" a. In the R-P, C-F and C-L zones, reassign the approval authority of the Conditional Use Permit from the Planning Commission to the City Planner (i.e., MCUP); and In the C-1, O, C-2, C-M, M, and P-M zones, add the condifionally permitted use to the matrix, subject to the approval of a MCUP by the City Planner. Business or civic clubs such as the Chamber of Commerce and Rotary Club are typically noncontroversial conditionally permitted uses in the nonresidential zones where more intense uses are permitted with different peak times for parking utilization. Should any issues arise with respect to the use, the City Planner's decision on the MCUP is appealable to the Planning Commission; and Condifional use was inadvertently left out of the matrix froni a previous code update- the conditionally permitted use is appropriate for the nonresidential zones. 21.18.020 R-P 21.25.020 C-F 21.26.010 C-1 21.27.020 0 21.28.010 C-2 21.30.010 C-M 21.31.030 C-L 21.32.010 M 21.34.020 P-M 18. "Columbariums, crematories, and mausoleums (not within a cemetery)" a. In the O, O-S, and P-U zones, delete the list of uses from the matrix; and In the C-1, C-2, and C-M zones, delete crematories from the list of uses. Stand-alone columbariums, crematories and mausoleums are inappropriate uses for the Office, Open Space and Public Utility zones. The uses are conditionally permitted in other more intense commercial and industrial zones. In addifion, cemeteries in the Open Space zone allow for an accessory columbarium and/or mausoleum. A crematory is an inappropriate use for the Commercial zones. 21 21 21 21 21 21 .26.010 .27.020 .28.010 .30.010 .33.020 .36.020 C-1 O C-2 C-M O-S P-U ATTACHMENT 5 Ref.# Proposed Amendment Discussion/Analysis Code Sectlon(s) Zone/ Chapter 19. "Cultural activities and facilities" In the O-S zone, reassign the approval authority of the Conditional Use Permit from the Planning Commission to the City Planner (i.e., MCUP). Appropriate to reassign decision-making authority to streamline permit process. 21.33.020 O-S 20. "Delicatessen (defined: Section 21.04.106)" a. In the R-P (Table A), 0 and P-M zones, reassign the level of review from a MCUP to "Permitted;" b. In the C-L zone, add use to matrix as "Permitted." a/b. Delicatessens are compatible support uses in the office and industrial zones. Pursuant to the definifion (CMC Secfion 21.04.106), the size of a deli is limited to 1,600 square feet; this limits any potential for incompatibility. A building permit is required for any tenant improvements and consistency with the zoning code with respect to parking will be reviewed prior to issuance of the building permit. 21.18.020 21.27.020 21.31.030 21.34.020 R-P O C-L P-M 21. "Drive-thru facilities (not restaurants)" a. In the C-1, 0, C-2, C-M, C-L, M, and P-M zones, reassign the approval authority of the Conditional Use Permit from the Planning Commission to the City Planner (i.e., MCUP); and b. In all matrices which allow drive-thru facilities, replace the word "not" with the word "excluding." "Drive-thru facilities (not restaurants)" applies to uses such as car washes, banks, and retail stores such as CVS which have a pharmacy. The proposed amendment to reassign the approval authority of the Conditional Use Permit from the Planning Commission to the City Planner will sfill require the same findings, a public nofice, and the decision can be appealed to the Planning Commission. 21.26.010 21.27.020 21.28.010 21.30.010 21.31.030 21.32.010 21.34.020 C-1 0 C-2 C-M C-L M P-M ATTACHMENT 5 Ref.# Proposed Amendment Discussion/Analysis Code Section(s) Zone/ Chapter 22. "Educational facilities, other (defined: Section 21.04.137)" In the R-P (Table A), C-M, M, and P-M zones, add condifionally permitted use to the matrix, subject to the approval of a MCUP by the City Planner. Pursuant to CMC Secfion 21.04,137, "Education facilities, other" is defined as education and tutoring services which are not subject to educational standards mandated by the state (such as public schools). The list of allowable uses includes, but is not limited to, trade, cosmetology, pet grooming, music, dance, martial arts, gymnastics and language. The addition of this conditional use to the R-P (Table A), C-M, P-M, and M zones will provide greater flexibility for a variety of uses in these zones. The MCUP will be subject to approval by the City Planner and is appealable to the Planning Commission. 21.18.020 21.30.010 21.32.010 21.34.020 R-P C-M M P-M 23. "Educational institutions or schools, public/private (defined: 21.04.140)" In the C-F zones add condifional use to the matrix, subject to the approval of a CUP by the Planning Commission. Public or private schools are appropriate uses in the C-F zone and should be included as a conditionally permitted use. 21.25.020 C-F 24. "Entertainment activities and facilities" In the O-S zone, reassign the approval authority of the Conditional Use Permit from the Planning Commission to the City Planner (i.e., MCUP). Appropriate to reassign decision-making authority to streamline permit process. 21.33.020 O-S 25. "Fraternal associations and lodges (except college fraternities and sororities)" In the C-F zone, delete use from matrix. It is appropriate to delete this use as "Clubs- nonprofit, business, civic, professional, etc." are proposed to be conditionally permitted with a MCUP in the C-F zone. Example: Knights of Columbus 21.25.040 C-F 26. "Gas stations (subject to Section 21.142.140(B)(65))" lh the C-1, C-2, C-M, C-L, M, and P-M zones, reassign the approval authority of the Conditional Use Permit from the Planning Commission to the City Planner (i.e., MCUP). The reassignment of the decision-making authority of gas stations in the nonresidenfial zones is appropriate in that the use provides a support service to the business and residenfial communities. 21.26.010 21.28.010 21.30.010 21.31.030 21.32.010 21.34.020 C-1 C-2 C-M C-L M P-M ATTACHMENT 5 Ref.# Proposed Amendment Discussion/Analysis Code Section(s) Zone/ Chapter 27. "Golf courses" In the R-P, C-1, 0, C-2, C-M, M, P-M, P-U zones, delete use from the matrix. A golf course is an unlikely use in these zones. 21.18.020 21.26.010 21.27.020 21.28.010 21.30.010 21.32.010 21.34.020 21.36.020 R-P C-1 O C-2 C-M M P-M P-U 28. "Greenhouses (2,000 square feet maximum) In the O-S zone, add use to the matrix. This is a clean-up amendment to clarify that greenhouses with a maximum size of 2,000 square feet are permitted by right in the O-S zone. 21.33.020 O-S 29. "Hospitals (defined 21.04.170)" In the P-U zone, delete use from the matrix. Hospitals are not an appropriate use in the P-U zone; therefore, it is proposed to be deleted from the matrix. Hospitals remain as conditional uses in the commercial and industrial zones. 21.36.020 P-U 30. "Hospitals (mental)(defined: 21.04.175)" In the P-U zone, delete use from the matrix. See above comment. 21.36.020 P-U 31. "Hotels and motels (subject to Section 21.42.140(B)(80))" a. In the C-1, C-2, and P-M zones, reassign the approval authority of the Condifional Use Permit from the Planning Commission to the City Planner (i.e., MCUP); and b. In the O zone, add the conditional use to the matrix, subject to the approval of an MCUP by the City Planner. Hotels are typically noncontroversial uses in the nonresidential zones; appropriate to reassign approval authority from the Planning Commission to the City Planner. In addition, hotels are an appropriate use in the Office Zone. The MCUP is appealable to the Planning Commission. 21.26.010 21.27.020 21.28.010 21.34.020 C-1 O C-2 P-M ATTACHMENT 5 Ref.# Proposed Amendment Discussion/Analysis Code Section(s) Zone/ Chapter 32. "Kennels" In the C-M, M, and P-M zones, reassign the approval authority of the Conditional Use Permit from the Planning Commission to the City Planner (i.e., MCUP). Also, add reference to the definition (Secfion 21.04.195) to each zone. Kennels are infrequent uses in the nonresidenfial zones; appropriate to reassign approval authority from the Planning Commission to the City Planner. The MCUP is appealable to the Planning Commission. 21.30.010 21.32.010 21.34.020 C-M M P-M 33. "Liquor store (subject to Section 21.52.140(B)(85))(defined: Section 21.04.203)" In the C-2 and C-L zones, reassign the approval authority of the Condifional Use Permit from the Planning Commission to the City Planner (i.e., MCUP). Liquor stores in the higher intensity commercial zones are generally noncontroversial; appropriate to reassign approval authority from the Planning Commission to the City Planner. The MCUP is appealable to the Planning Commission. 21.28.010 21.31.030 C-2 C-L 34. "Mobile buildings (subject to Section 21.52.140(B)(90))(defined: Section 21.04.265)" In the R-P, C-F, C-1, 0, C-2, C-M, C-L, M, O-S, P-M, and P-U zones, reassign the approval authority of the Conditional Use Permit from the Planning Commission to the City Planner (i.e., MCUP). Mobile buildings are generally noncontroversial in the nonresidential zones since they are intended to be temporary in nature. The MCUP is appealable to the Planning Commission. 21.18.020 21.25.020 21.26.010 21.27.020 21.28.010 21.30.010 21.31.030 21.32.010 21.33.020 21.34.020 21.36.020 R-P C-F C-1 0 C-2 C-M C-L M O-S P-M P-U 35. "Newspaper/periodical printing and publishing" In the C-M, M, and P-M zones, eliminate the requirement for a Conditional Use Permit; change level of review to "Permitted." No discretion is needed for newspaper and publishing-related uses; the use meets the purpose and intent for the Heavy Commercial and Industrial zones; therefore, it is appropriate for the use to be permitted by right. 21.30.010 21.32.010 21.34.020 C-M M P-M 10 ATTACHMENT 5 Ref.# Proposed Amendment Discussion/Analysis Code Sectlon(s) Zone/ Chapter 36. "Nightclubs, dance clubs, and other establishments that play live or recorded music or make regular use of amplified sound" In the C-2 zone, add the conditionally permitted use to the matrix, subject to the review of a CUP by the Planning Commission. Nightclubs are currently conditionally permitted uses in the C-L (Local Shopping Center) zone, subject to the approval of a CUP by the Planning Commission. The proposed amendment to add the condifionally permitted use to the C-2 zone is appropriate since the zone allows the more intense commercial uses such as bars and cocktail lounges. 21.28.010 C-2 37. Outdoor dining (incidental) (subject to Section 21.26.013)(defined: Section 21.04.290.1) In the P-M zone, add accessory use to the matrix. Add use to P-M matrix as clean-up code amendment. Intended to be included in use matrix as part of a prior Zone Code Amendment. 21.34.020 P-M 38. "Packing/sorting sheds (600 square feet maximum)" In the O-S zone, add the use to the matrix as a permitted use. Packing/sorting sheds which exceed 600 square feet are currently conditionally permitted uses in the nonresidential zones, subject to the approval of a MCUP. The proposed amendment clarifies that a packing shed 600 square feet or less is permitted by right in the O-S zone. 21.33.020 O-S 39. "Parking facilities (primary use) (i.e., day use, short-term, non-storage)" a. In the R-P zone, reassign the approval authority of the Conditional Use Permit from the Planning Commission to the City Planner (i.e., MCUP); b. In the C-1 and C-2 zones, add the conditional use to the matrix, subject to the approval of a MCUP by the City Planner; and c. In the O zone, modify the permitfing requirement from "P", Permitted, to an MCUP. a. This amendment to add the condifional use to the matrix will provide consistency throughout the nonresidential zones; b. Use is noncontroversial in nature and can be reviewed by the City Planner as a MCUP and appealed to the Planning Commission; and c. This amendment to require a MCUP instead of approving the use by right is appropriate since it will provide consistency throughout the nonresidential zones. 21.18.020 21.26.010 21.27.020 21.28.010 R-P C-1 0 C-2 11 ATTACHMENT 5 Ref.# Proposed Amendment Discussion/Analysis Code Sectlon(s) Zone/ Chapter 40. "Petroleum products pipeline booster stations" This use is redundant in the P-U zone as there is another use category in which the use is covered. In the P-U zone, delete use from matrix. 21.36.020 P-U 41. "Picnic areas (private)" In the O-S zone, reassign the approval authority of the Condifional Use Permit from the Planning Commission to the City Planner (i.e., MCUP). The conditional use is noncontroversial in nature; appropriate to reassign approval authority of the CUP to the City Planner. 21.33.020 O-S 42. "Playgrounds/playfields" a. In the O-S zone, delete reference to "playfields"; and a. This is a general "clean-up" amendment since "Athlefic fields..." is currently included in the matrix as a conditionally permitted use (requires approval by the Planning Commission); and 21.33.020 O-S b. In the O-S zone, reassign the approval authority of the Conditional Use Permit for "Playgrounds" from the Planning Commission to the City Planner (i.e., MCUP). b. Playgrounds in the O-S zone are noncontroversial in nature; appropriate to reassign approval authority of the CUP to the City Planner. 43. "Pool halls, billiard pariors" In the C-1, C-2, C-M, and C-L zones, reassign the approval authority of the Condifional Use Permit from the Planning Commission to the City Planner (i.e., MCUP). Pool halls and billiard halls are noncontroversial conditionally permitted uses in the nonresidenfial zones; therefore, it is appropriate to reassign the approval authority of the CUP to the City Planner. 21.26.010 21.28.010 21.30.010 21.31.030 c-1 c-2 C-M C-L 12 ATTACHMENT 5 Ref.# Proposed Amendment Discussion/Analysis Code SectlonCs) Zone/ Chapter 44. "Public meeting halls, exhibit hails, and museums" a. In the C-1, O, C-2, and P-M zones, add the use to the matrix, subject to the approval of a Minor Conditional Use Permit by the City Planner; and In the C-L zone, reassign the approval authority of the Conditional Use Permit from the Planning Commission to the City Planner (i.e., MCUP). The use is currently a conditionally permitted use in the C-L (Local Shopping Center) zone. The proposal to add the use to the matrices for the C-1, O, C-2 and P-M zones, subject to the approval of an MCUP by the City Planner is appropriate; and Proposal to reassign the permitting authority of the conditional use to the City Planner meets the intent of the code amendment and ensures approval authority consistency for this use within all commercial zones. If the project is controversial, the decision of the City Planner can be appealed to the Planning Commission. 21.26.010 21.27.020 21.28.010 21.31.030 21.34.020 C-1 O C-2 C-L P-M 45. "Recreation facilities" I. In the C-1, O, C-2, C-M, M, O-S, and P-M zones, reassign the approval authority of the Conditional Use Permit from the Planning Commission to the City Planner (i.e., MCUP); ). In the C-L zone, add condifional use to the matrix, subject to the approval of a MCUP by the City Planner; and ;. In the P-U zone, delete conditionally- permitted use from the matrix. Recreation facilities include uses such as K-1 Speed, paintball, indoor rock climbing facilifies, etc. The reassignment of this conditional use to the City Planner is appropriate in the nonresidential zones in that the uses are typically noncontroversial; Recreafion facilities are appropriate conditional uses in the C-L (Local Shopping Center) zone; and This is a general "clean-up" item since "Recreation facilities (public or private, passive or active) are permitted by right in the P-U zone. 21.26.010 21.27.020 21.28.010 21.30.010 21.31.030 21.32.010 21.33.020 21.34.020 21.36.020 C-1 O C-2 C-M C-L M O-S P-M P-U 13 ATTACHMENT 5 Ref. # Proposed Amendment Discussion/Analysis Code Section(s) Zone/ Chapter 46. "Recycling collection facilities, large (subject to Chapter 21.105)(defined: 21.105.015)" In the C-M zone, reassign the approval authority of the conditional use permit from the City Planner to the Planning Commission. Although a relatively infrequently-requested use, the conditional use currently requires approval of a CUP by the Planning Commission in the remaining nonresidential zones. Due to the nature of the use, this amendment proposes to provide consistency across each of the nonresidential zones. 21.30.010 C-M 47. "Religious reading room (separate from church)" In the C-1 and C-2 zones, add the conditional use to the matrix, subject to the approval of a MCUP by the City Planner. Although a relatively uncommon use, religious reading rooms are businesses separate from churches. The use is currently conditionally permitted (i.e., MCUP) in the C-L and C-F zones. The proposal to add the conditional use to the C-1 and C-2 matrix is appropriate since churches are conditionally permitted uses in these zones and to ensure CUP processing consistency within the nonresidenfial zones. 21.26.010 21.28.010 C-1 C-2 48. "Restaurants (bona fide public eating establishment)(defined: Section 21.04.056)" In the O, C-M, and P-M zones, reassign the approval authority of the Conditional Use Permit from the Planning Commission to the City Planner (i.e., MCUP). Although a relatively infrequently-requested use, the proposal to reassign the approval authority of the conditional use from Planning Commission to the City Planner is intended to facilitate development and streamline the process in the 0, C-M, and P-M zones. 21.27.020 21.30.010 21.34.020 O C-M P-M 14 ATTACHMENT 5 Ref.# Proposed Amendment Discussion/Analysis Code Section(s) Zone/ Chapter 49. Retail uses in the P-M zone In the P-M zone, primary retail uses (i.e., up to 100% of gross floor area) currently require the approval of a Condifional Use Permit by the Planning Commission. The proposed amendments seek to add one additional retail category to allow for accessory retail uses. • "Retail, accessory use, including accessory tasfing/sampling rooms, showrooms, miscellaneous retail, up to 20% or 2,000 square feet, whichever is less, of the gross floor area of the building or suite (as applicable)(see note 3 below)" subject to the approval of a MCUP by the City Planner. • Add footnote #3: 'The retail use shall be accessory to the permitted primary use and wholly contained within the building. All products for retail sale shall be produced, distributed and/or warehoused on the premises. No outdoor display of merchandise or retail sales shall be permitted unless customarily conducted in the open. Parking for the accessory retail use shall be determined based on the parking requirement for the primary use pursuant to CMC Chapter 21.44. The proposal to revise the "Retail uses" category addresses a need for companies which may have an incidental retail component associated with the primary office, manufacturing and warehouse-related uses. A Minor Condifional Use Permit will be required for any accessory retail use up to 2,000 square feet of retail area, which will provide staff with the discretion to review the appropriateness/compatibility of the use and condition the project as necessary. Should any issues arise, the MCUP is appealable to the Planning Commission. 21.34.020 P-M '6 15 ATTACHMENT 5 Ref. # Proposed Amendment Discussion/Analysis Code Section(s) Zone/ Chapter 50. "Satellite television antennae (subject to Sections 21.53.130 through 21.53.150)(defined: Section 21.04.302)" a. In the non-residenfial zones, change a. Satellite television antennae can only be 21.18.020 R-P use from "permitted" to "accessory;" permitted as an accessory use (i.e. cannot be 21.25.040 C-F and primary use). Update uses in zones as 21.26.010 C-1 applicable; and 21.27.020 O 21.28.010 C-2 b. Add the accessory use to the R-P and b. Satellite dishes are appropriate accessory uses 21.30.010 C-M C-F zones. in the R-P and C-F zones. 21.31.030 C-L 21.32.010 M 21.34.020 P-M 21.36.020 P-U 51. "Services, provided directly to This use is currently a permitted use in the Local consumers, and focusing on the needs Shopping Center (C-L) zone. The addition of local of the local neighborhood, including, but neighborhood uses such as a hair stylist or tailor to not limited to, personal grooming, dry the Residenfial Professional (R-P) and Office (O) cleaning, and tailoring services" zones as uses which are subject to the approval of a Minor Condifional Use Permit is appropriate since In the R-P zone which implements the "O" the uses have the potenfial to complement the 21.18.020 R-P General Plan Land Use designafion and the surrounding residenfial uses. A MCUP is proposed 21.27.010 O "O" zone, add the use to the matrix, subject to provide the opportunity to analyze the to the approval of a Minor Condifional Use compatibility with adjacent land uses and provide an Permit. opportunity for feedback from the neighborhood. 52. "Signs (subject to Chapter 21.41)" a. In the C-1, 0, C-2, C-M, M, P-M, and a. Signs can only be permitted as an accessory 21.25.040 C-F P-U zones, clarify that signs shall be use (i.e. cannot be primary use). Update uses 21.26.010 C-1 accessory to a primary use; and in zones as applicable; and 21.27.020 O 21.28.010 C-2 b. In the C-F, M, and O-S zones, add b. Add use to matrices in C-F, M, and O-S zones 21.30.010 C-M "Signs" to the land use matrix as an to provide consistency in non-residenfial zone 21.32.010 M accessory use. chapters. 21.33.020 O-S 21.34.020 P-M 21.36.020 P-U 16 ATTACHMENT 5 Ref. # Proposed Amendment Discussion/Analysis Code Section(s) Zone/ Chapter 53. "Social clubs (non-commercial)" In the C-F zone, eliminate the condifional use from the matrix. Although a relatively infrequently-requested use, nonprofit business, civic, and professional clubs are currently a condifionally permitted use in the C-F zone (please see No. 18 of this table). The proposed amendment eliminates duplicity. 21.25.040 C-F 54. "Swimming pools" In the O-S zone, reassign the approval authority of the Conditional Use Permit from the Planning Commission to the City Planner (i.e., MCUP). Although a relatively infrequently-requested use, swimming pools are generally noncontroversial conditionally permitted uses in the open space zone; therefore, it is appropriate to reassign the authority of the CUP from the Planning Commission to the City Planner. 21.33.020 O-S 55. "Tennis courts" In the O-S zone, reassign the approval authority of the Conditional Use Permit from the Planning Commission to the City Planner (i.e., MCUP). Although a relatively infrequently-requested use, tennis courts are generally noncontroversial condifionally permitted uses in the open space zone; therefore, it is appropriate to reassign the authority of the CUP from the Planning Commission to the City Planner. 21.33.020 O-S 56. "Theaters (motion picture or live)- indoor" In the C-1, C-2, C-M, and C-L zones, reassign the approval authority of the Conditional Use Permit from the Planning Commission to the City Planner (i.e., MCUP). To streamline the permit process, it is appropriate to reassign approval authority of the CUP from the Planning Commission to the City Planner. 21.26.010 21.28.010 21.30.010 21.31.030 C-1 C-2 C-M C-L 57. "Thrift shops (subject to Section 21.42.140(B)(150))" a. In the C-1, C-2, C-M, and M zones, reassign the approval authority of the Condifional Use Permit from the Planning Commission to the City Planner (i.e., MCUP); and b. In the C-L zone, add use to the matrix, subject to the approval of a Minor Condifional Use Permit. a. To streamline the permit process, it is appropriate to reassign approval authority of the CUP from the Planning Commission to the City Planner; and b. A thrift shop is an appropriate conditional use in a local shopping center. 21.26.010 21.28.010 21.30.010 21.31.030 21.32.010 C-1 C-2 C-M C-L M 17 ATTACHMENT 5 Ref.# Proposed Amendment Discussion/Analysis Code Section(s) Zone/ Chapter 58. "Veterans' organizations (including meeting facilities)" In the C-F zone, reassign the approval authority of the Condifional Use Permit from the Planning Commission to the City Planner (i.e., MCUP). To streamline the permit process, it is appropriate to reassign approval authority of the CUP from the Planning Commission to the City Planner. 21.25.020 C-F 59. "Veterinary clinic/ animal hospital (small animals) (defined: Section 21.04.378) In the R-P zone, add the use to the matrix, subject to the approval of a Minor Conditional Use Permit. A veterinary clinic is an appropriate conditional use in the R-P zone. 21.18.020 R-P 60. "Welfare and charitable services (private or semi-private) with no permanent residential uses (e.g., Good Will, Red Cross, Traveler's Aid)" a. In the C-F zone, reassign the approval authority of the Conditional Use Permit from the Planning Commission to the City Planner (i.e., MCUP); and b. In the C-1, C-2 and C-L zones, add conditional use to the matrix, subject to the approval of a MCUP by the City Planner. a. The condifionally permitted use is typically noncontroversial in the nonresidenfial zones. The MCUP is appealable to the Planning Commission; and b. Add use to matrices to provide consistency in commercial zones. Private or semi-private charitable services are appropriate conditional uses in the commercial zones. 21.25.040 21.26.010 21.28.010 21.31.030 C-F C-1 C-2 C-L 61. "Youth organizations (e.g., Boy Scouts, Girl Scouts, Boys and Girls Ciubs, YMCA and YWCA, except lodgings" a. In the C-F zone, reassign the approval authority of the Conditional Use Permit from the Planning Commission to the City Planner (i.e., MCUP); and b. In the C-1, C-2, and C-L zones, add the conditional use to the matrix, subject to the approval of a MCUP by the City Planner. Youth organizations are generally noncontroversial uses. Should there be any issues or controversy, the MCUP is appealable to the Planning Commission; and Condifional use is appropriate in the C-1, C-2, and C-L zones. 18 21.25.040 21.26.010 21.28.010 21.31.030 C-F C-1 C-2 C-L ATTACHMENT 5 Ref.# Proposed Amendment Discussion/Analysis Code Section(s) Zone/ Chapter 62. "Zoos (private) (subject to Section 21.42.140(B)(165)) (defined: Section 21.04.400)" A zoo is an unlikely use in these zones. In the R-P, C-1, 0, C-2, C-M, M, P-M, P-U zones, delete use from the matrix. 21.18.020 21.26.010 21.27.020 21.28.010 21.30.010 21.32.010 21.34.020 21.36.020 R-P C-1 0 C-2 C-M M P-M P-U 63. In the L-C zone, add the E-A "Permitted" uses to the L-C use matrix. This amendment is proposed to rectify an inadvertent omission that was made in a prior code amendment. The E-A zone permitted uses are appropriate uses in the L-C zone. Please see the underiine/strike out attachment for addifional details. 21.39.020 L-C 64. In the P-M zone (Chapter 21.34), the following amendments are proposed (in addition to reassignment of CUP levels of review and addition of accessory retail use categories): a. Revise CMC Secfion 21.34.010, Intent and Purpose, to allow flexibility for a wider variety of uses; and b. Revise footnotes to coincide with the revisions proposed to CMC Section 21.34.010, Intent and Purpose, and the "Retail uses" categories in Table A. The overall intent of the CUP amendment is to streamline the review process for Condifional Use Permits by reassigning the permit authority and increasing the flexibility for the types of uses which can be permitted (by right or condifionally) in the nonresidential zones. The P-M (Planned Industrial) zone is the predominant nonresidenfial zone in the city. The proposed amendment to revise the Purpose and Intent and the footnotes of Table A of the P-M zone coincides with the amendment to add a wider variety of uses to the zone. 21.34.010 21.34.020 P-M 65. Modify Chapter 21.42 (MCUP and CUP Chapter) to ensure consistency between code and proposed CUP amendments Since the decision-maker for mobile buildings in the non-residenfial zones is proposed to change from the Planning Commission to the City Planner, a minor change is proposed to Chapter 21.42.B.90(b) to provide for consistency between the chapters of the Zoning Ordinance. 21.42.140. B.90(b) MCUP/ CUP 19 ATTACHMENT 5 Ref.# Proposed Amendment 66. Modify Chapter 21.53,140(e)(3)(A), Uses Generally, "Satellite television antenna- Generally" Discussion/Analysis Clarify that a minor conditional use permit is required for more than one satellite antenna in the PM, CM, and M zones. Code Section(s) 21.53.140( e)(3)(A) Zone/ Chapter Uses Generally 67. In the CVSOZ (Commercial/Visitor- Serving Overlay Zone), revise the Chapter to provide consistency with the proposed CUP amendments. The proposed amendments to the CVSOZ will achieve the following: • Provide consistency between Chapter 21.208 and Chapter 21.42 (Minor Condifional Use Permits and Condifional Use Permits) with respect to how conditional use permits are referenced; • Identify that the City Council will no longer always be the decision-maker for CUPs in the CVSOZ, unless the underiying zone specifies otherwise; • Remove the separation requirements for hotel and motels; and • Addifional minor clean-up amendments. 21.208 CVSOZ 20 ATTACHMENT 5 Ref.# Proposed Amendment Discussion/Analysis Code Section(s) Zone/ Chapter 68. In all zones, (i.e., residential, The proposed amendment to the legend in all of the commercial, industrial), amend the Table zoning chapters is intended to provide consistency 21.07.020 E-A A legend to provide consistency with the with respect to how condifional use pennits are 21.08.020 R-A terminology outlined pursuant to CMC referenced in CMC Chapter 21.42 (i.e. MCUP for 21.09.020 R-E Chapter 21.42, Minor Conditional Use Process 1 and CUP for Process 2/3). No 21.10.020 R-1 Permits and Conditional Use Permits. substantive changes to the process are proposed. 21.12.020 R-2 Please see the underiine/strike-out for details of the 21.16.020 R-3 changes. 21.18.020 R-P 21.20.010 R-T 21.22.020 R-W 21.24.020 RD-M 21.25.040 C-F 21.26.010 C-1 21.27.020 0 21.28.010 C-2 21.29.030 C-T 21.30.010 C-M 21.31.030 C-L 21.32.010 M 21.33.020 O-S 21.34.020 P-M 21.36.020 P-U 21.37.020 RMHP 21.39.020 L-C 21.209.040 CR-A/OS 21 GPA 11-05 CUP CODE AMENDMENTS Summary of Amendments to the General Plan ATTACHMENT 6 Ref.# Proposed Amendment Discussion/Analysis Code Section(s) Zone/ Chapter 1. Amend industrial Policy C.9 ofthe General Plan Land Use Element to remove reference to the requirement for conditional uses to be "clearly" oriented to support industrial developments. This amendment will provide consistency between the General Plan and the CUP-related amendments proposed to the Zoning Code. The proposed amendment will allow for a greater variety of conditional uses in the industrial zones, while still providing staff with discretion to review the compafibility of the use through a conditional use permit. Industrial Policy C.9 ofthe General Plan N/A 2. Amend Community Facilities Goal (A) and Objective B(1) to add reference to the allowance for "public/private schools" This amendment will provide consistency between the General Plan and the CUP-related amendments proposed to the Zoning Code. The proposed amendment will allow for a greater variety of school uses in the Community Facility zone, while sfill providing staff with discretion to review the compafibility of the use through a condifional use permit. Community Facilifies Goal (A) and Objective B(1) N/A ATTACHMENT 7 ZCA 09-03/LCPA 09-02 CUP CODE AMENDMENTS STRIKE-OUT/UNDERLINE AMENDMENTS TO CHAPTER 21.07 21.07.020 The legend of Table A of Section 21.07.020 (E-A, Exclusive Agricultural Zone, Permitted Uses) is proposed to be amended as follows: Table A Permitted Uses In the table, below, subject to all applicable permitting and development requirements of the municipal code: "P" indicates use is permitted. (See note 6 below) "CUP" indicates use is permitted with approval of a conditional use permit. (See note 7 below) 1 = Administrative hearing process Minor Conditional Use Permit (Process One), pursuant to Chapter 21.42 of this title. 2 = Planning commission hearing process Conditional Use Permit (Process Two), pursuant to Chapter 21.42 of this title. 3 = Citv council hearing process Conditional Use Permit (Process Three), pursuant to Chapter 21.42 ofthis title. "Acc" indicates use is permitted as an accessory use. ATTACHMENT 7 AMENDMENTS TO CHAPTER 21.08 21.08.020 The legend of Table A of Section 21.08.020 (R-A, Residential Agricultural Zone, Permitted Uses) is proposed to be amended as follows: Table A Permitted Uses In the table, below, subject to all applicable permitting and development requirements of the municipal code: "P" indicates use is permitted. (See note 7 below) "CUP" indicates use is permitted with approval of a conditional use permit. (See note 7 below) 1 = Administrative hearing process Minor Conditional Use Permit (Process One), pursuant to Chapter 21.42 ofthis title. 2 = Planning commission hearing process Conditional Use Permit (Process Two), pursuant to Chapter 21.42 of this title. 3 = City council hearing process Conditional Use Pennit (Process Three), pursuant to Chapter 21.42 ofthis title. "Acc" indicates use is permitted as an accessory use. ATTACHMENT 7 AMENDMENTS TO CHAPTER 21.09 21.09.020 The legend of Table A of Section 21.09.020 (R-E, Rural Residential Estate Zone, Permitted Uses) is proposed to be amended as follows: Table A Pemiitted 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 Minor Conditional Use Perinit (Process One), pursuant to Chapter 21.42 of this title. 2 = Planning commission hearing process Conditional Use Permit (Process Two), pursuant to Chapter 21.42 of this title. 3 = City council hearing process Conditional Use Pemiit (Process Three), pursuant to Chapter 21.42 ofthis title. "Acc" indicates use is permitted as an accessory use. nO ATTACHMENT 7 AMENDMENTS TO CHAPTER 21.10 21.10.020 The legend of Table A of Section 21.10.020 (R-l, One-Family Residential Zone, Permitted Uses) is proposed to be amended as follows: Table A Permitted Uses In the table, below, subject to all applicable permitting and development requirements of the municipal code: "P" indicates use is pennitted. (See note 4 below) "CUP" indicates use is pennitted with approval of a conditional use permit. (See note 4 below) 1 = Administrative hearing process Minor Conditional Use Permit (Process One), pursuant to Chapter 21.42 of this title. 2 = Planning commission hearing process Conditional Use Permit (Process Two), pursuant to Chapter 21.42 of this title. 3 = City council hearing process Conditional Use Permit (Process Three), pursuant to Chapter 21.42 ofthis title. "Acc" indicates use is permitted as an accessory use. \o\ ATTACHMENT 7 AMENDMENTS TO CHAPTER 21.12 21.12.020 The legend of Table A of Section 21.12.020 (R-2, Two-Family Residential Zone, Pennitted Uses) is proposed to be amended as follows: Table A Permitted Uses In the table, below, subject to all applicable permitting and development requirements of the municipal code: "P" indicates use is pennitted. (See note 7 below) "CUP" indicates use is permitted with approval of a conditional use permit. (See note 7 below) 1 = Administrative hearing process Minor Conditional Use Permit (Process One), pursuant to Chapter 21.42 ofthis title. 2 = Planning commission hearing process Conditional Use Permit (Process Two), pursuant to Chapter 21.42 of this title. 3 = City council hearing process Conditional Use Permit (Process Three), pursuant to Chapter 21.42 ofthis title. "Acc" indicates use is permitted as an accessory use. ATTACHMENT 7 AMENDMENTS TO CHAPTER 21.1^ 21.16.020 The legend ofTable A of Section 21.16.020 (R-3, Multiple-Family Residential Zone, Permitted Uses) is proposed to be amended as follows: Table A Permitted Uses In the table, below, subject to all applicable permitting and development requirements of the municipal code: "P" indicates use is permitted. (See note 7 below) "CUP" indicates use is permitted with approval of a conditional use pennit. (See note 7 below) 1 = Administrative hearing process Minor Conditional Use Permit (Process One,) pursuant to Chapter 21.42 ofthis title. 2 = Planning commission hearing process Conditional Use Permit (Process Two), pursuant to Chapter 21.42 of this title. 3 = City council hearing process Conditional Use Pennit (Process Three), pursuant to Chapter 21.42 ofthis title. "Acc" indicates use is permitted as an accessory use. ATTACHMENT 7 AMENDMENTS TO CHAPTER 21.18 21.18.020 Table A of Section 21.18.020 (R-P, Residential Professional Zone, Permitted Uses) is proposed to be amended as follows: Table A Uses Pemiitted When the R-P Zone Implements the "O" (Office) General Plan Land Use Designation In the table, below, subject to all applicable permitting and development requirements of the municipal code: "P" indicates use is permitted. (See note 3-2_below) "CUP" indicates use is permitted with approval of a conditional use permit. (See note 3-2 below) 1 = Administrative hearing process Minor Conditional Use Permit (Process One), pursuant to Chapter 21.42 ofthis title. 2 = Planning commission hearing process Conditional Use Permit (Process Two), pursuant to Chapter 21.42 of this title. 3 = City council hearing process Conditional Use Permit (Process Three), pursuant to Chapter 21.42 ofthis title. "Acc" indicates use is pemiitted as an accessory use. Use P CUP Acc Accessory buildings/stmctures, which are customarily appurtenant to a permitted use (ex. incidental storage facilities)(see note 1, below)(defined: Section 21.04.020) X Aquaculture (defined: Section 21.04.036) Banks/financial services (no drive-thm) X Biological habitat preserve (subject to Section 21.42.010(B)(30))(defined: Section 21.04.048) 2 Campsites (oveniight)(subject to Section 21.42.140(B)(4())) g. Comctcries Child day care center (subject to Chapter 21.83)(defined: Section 21.04.086) 1 Churches, synagogues, temples, convents, monasteries, and other places of worship 2 Clubs - nonprofit, business, civic, professional, etc. (defined: Section 21.04.090) Delicatessen (defined: Section 21.04.106) A Educational facilities, other (defined: Section 21.04.137) i Educational institutions or schools, pubhc/private (defined: Section 21.04.140) 2 Delicatessen (dofinod: Section 21.04.106) -1- Farmworker housing complex, small (subject to Section 21.10.125)(defined: 21.04.148.4) X Greenhouses (2,000 square feet maximum) X Greenhouses >2,000 square feet (subject to Section 21.42.140(B)(70)) 1 \L)H ATTACHMENT 7 - • .V Use P CUP Acc Golf courses (see note 2, below) Medical uses (excluding hospitals), including offices for medical practitioners, clinics, and incidental laboratories and pharmacies (prescription only) X Mobile buildings (subject to Section 21.42.140(B)(90))(defined: Section 21.04.265) 51 Office uses, (may include incidental commercial uses such a blueprint services, photocopy services and news-stands) X Packing/sorting sheds (600 square feet maximum) X Packing/sorting sheds >600 square feet (subject to Section 21.42.140(B)(70)) 1 Parking facilities (primary use)(i.e., day use, short-term, non^ storage) 31 Public/quasi-public buildings and facilities and accessory utility buildings/facilities (defined: Section 21.04.297) 2 Radio/television/microwave/broadcast station/tower 2 Satellite TV antennae (subject to Section 21.53.130 through 21.53.150)(defined: Section 21.04.302) X Schools (business, vocational, and for such subjects as dance, drama, cosmetology, music, martial arts, etc.) X Services, provided directiv to consumers, and focusing on the 1 needs of the local neighborhood, including, but not limited to. 1 groominff, dry cleaning, and tailoring services 1 Signs, subject to Chapter 21.41 (defined: Section 21.04.305) X Temporary buildingMgr/trailer (constmction)(subiect to Section 21.53.110) X Transit passenger terminals (bus and train) 2 Veterinarv clinic/animal hospital (small animals) (defined: 1 Section 21.04.378) 1 Wireless communications facilities (subject to Section 21.42.140(B)(165))(defined: Section 21.04.379) 1/2 7ctCi'^ rnriv'jtpV'^nhiprt to 9pptinn ^1 ('P \ AC\('9L\(MC\W(dc^fxnc^cV 2 Section 21.04.400) 2 Notes: 1. Accessory uses shall be developed as an integral part of a pennitted use within or on the same stmcture or parcel of land. ^. A conditional use permit is not required a golf course if it is approved as part of a master plan for a planned community development. 3T2. Any use meeting the definition of an entertainment establishment, as defined in Section 8.09.020 of the Carlsbad Municipal Code (CMC), shall be subject to the requirements of CMC Chapter 8.09. ATTACHMENT 7 21.18.020 Table B of Section 21.18.020 (R-P, Residential Professional Zone, Permitted Uses) is proposed to be amended as follows: Table B Uses Permitted When the R-P Zone Implements the "RMH" or "RH" General Plan Land Use Designations "P" indicates use is permitted. "CUP" indicates use is permitted with approval of a conditional use permit. 1 = Administrative hearing process Minor Conditional Use Permit (Process One), pursuant to Chapter 21.42 ofthis title. 2 = Planning commission hearing process Conditional Use Permit (Process Two), pursuant to Chapter 21.42 of this title. 3 = City council hearing process Conditional Use Permit (Process Three), pursuant to Chapter 21.42 ofthis title. "Acc" indicates use is permitted as an accessory use. Use P CUP Acc Accessory buildings/stmctures (ex. garages, workshops, tool sheds, patio covers, decks, etc.)(see notes 1 and 2, below)(defined: Section 21.04.020) X Agricultural crops X Animal keeping (household pets)(subject to Section 21.53.084) X Animal keeping (wild animals)(subject to Section 21.53.085) X Aquaculture (defined: Section 21.04.036) Bed and breakfasts (subject to Section 21.42.140(B)(25))(defined: Section 21.04.046) 1 Biological habitat preserve (subject to Section 21.42.140(B)(30))(defined: Section 21.04.048) 2 Campsites (ovemight)(subject to Section 21.42.140(B)(40)) Cemeteries Child day care center (subject to Chapter 21.83)(defined: Section 21.04.086) 1 Churches, synagogues, temples, convents, monasteries, and other places of worship 2 Clubs - nonprofit; business, civic, professional, etc. (defined: Section 21.04.090) 31 Dwelling, one-family (see note 3, below)(defined: Section 21.04.125) X Dwelling, two-family (see note 4, below)(defined: Section 21.04.130) X Dwelling, multiple-family (subject to Section 21.53.120 if more than 4 units are proposed)(defined: Section 21.04.135) X Educational institutions or schools, public/private (defined: Section 21.04.140) 2 Family day care home (large)(subject to Chapter 21.83)(defined: Section 21.04.147) X Family day care home (small)(subject to Chapter 21.83)(defined: Section 21.04.148) X Golf courses (see note 5, below) 2 ATTACHMENT 7 Vse P 1 CUP Acc Farmworker housing complex, small (subject to Section 21.10.125)(defined: Section 21.04.148.4) X Greenhouses (2,000 square feet maximum) X Greenhouses >2,000 square feet (subject to Section 21.42.140(B)(70)) 1 Home occupation (subject to Section 21.10.040) X Housing for senior citizens (subject to Chapter 21.84) X Mobile buildmgs (subject to Section 21.42.140(B)(90))(defined: Section 21.04.265) 31 Mobile home (see note 3 and 65, below)(defined: Section 21.04.266) X Packing/sorting sheds (600 square feet maximum) X Packing/sorting sheds >600 square feet (subject to Section 21.42.140(B)(70)) 1 Parking facilities (primary use)(i.e., day use, short-term, non- storage) 31 Professional care facilities (defined: Section 21.04.295) 2 Public/quasi-public buildings and facilities and accessory utility buildings/facilities (defined: Section 21.04.297) 2 Residential care facilities (serving six or fewer persons)(defined: Section 21.04.300) X Residential care facilities (serving more than six persons)(subject to Section 21.42.140(B)(125))(defined: Section 21.04.300) 2 Satellite TV antennae (subject to Section 21.53.130 through 21.53.150)(defined: Section 21.04.302) X Second dwelling unit (accessory to a one-family dwelling only),(subiect to Section 21.10.030)(defined: Section 21.04.303) X Signs (subject to Chapter 21.41)(defined: Section 21.04.305) X Supportive housing (serving six or fewer persons)(defined: Section 21.04.355.1) X Supportive housing (serving more than six persons)(subject to Section 21.42.140(B)(125))(defined: Section 21.04.355.1) 2 Temporary bldg./trailer (real estate or constmction)(subject to Sections 21.53.090 and 21.53.110) X Time-share projects (subject to Section 21.42.140(B)(155))(Section 21.04.357) 2 Transit passenger terminals (bus and train) 2 Transitional housing (serving six or fewer persons)(defined: Section 21.04.362) X Transitional housing (serving more than 6 persons)(subject to Section 21.42.140(B)(125))(defined: Section 21.04.362) Wireless communication^r facilities (subject to Section 21.42.140(B)(165))(defined: Section 21.04.379) 1/2 Zoos (private)(subject to Section 21.42.140(B)(170))(defined: Section 21.04.400) 2 Notes: 1. Private garages (defined: Section 21.04.150) shall accommodate not more than two cars per dwelling unit. 2. When associated with a two-family or multiple-family dwelling, accessory buildings shall not include guesthouses or accessory living quarters (defined: Section 21.04.165). 10 ATTACHMENT 7 3. One-family dwellings are permitted when developed as two or more detached units on one lot. Also, a single one-family dwelling shall be permitted on any legal lot that existed as of October 28, 2004, and which is designated and zoned for residential use. Any proposal to subdivide land or constmct more than one dwelling shall be subject to the density and intent of the underlying residential land use designation. 4. A two-family dwelling shall not be permitted within the RH land use designation. A conditional use permit is not required for a golf course if it is approved as part of a master plan for a planned community development. ^5^Mobile homes must be certified under the National Mobilehome Constmction and Safety Standards Act of 1974 (42 U.S.C Section 5401 et. seq.) on a foundation system pursuant to Section 18551 ofthe State Health and Safety Code. 11 i f\ %K ATTACHMENT 7 AMENDMENTS TO CHAPTER 21.20 21.20.010 The legend of Table A of Section 21.20.010 (R-T, Residential Tourist Zone, Permitted Uses) is proposed to be amended as follows: Table A Permitted Uses In the table, below, subject to all applicable permitting and development requirements of the municipal code: "P" indicates use is permitted. (See note 2 below) "CUP" indicates use is permitted with approval of a conditional use permit. (See note 2 below) 1 = Administrative hearing process Minor Conditional Use Permit (Process One), pursuant to Chapter 21.42 of this title. 2 = Planning commission hearing process Conditional Use Permit (Process Two), pursuant to Chapter 21.42 of this title. 3 - City council hearing process Conditional Use Pennit (Process Three), pursuant to Chapter 21.42 ofthis title. "Acc" indicates use is permitted as an accessory use. 12 ATTACHMENT 7 AMENDMENTS TO CHAPTER 21.22 21J2.020 The legend of Table A of Section 21.22.020 (R-W, Residential Waterway Zone, Permitted Uses) is proposed to be amended as follows: Table A Permitted Uses In the table, below, subject to all applicable permitting and development requirements of the municipal code: "P" indicates use is permitted. (See note 7 below) "CUP" indicates use is pemiitted with approval of a conditional use pennit. (See note 7 below) 1 = Administrative heai'ing process Minor Conditional Use Permit (Process One), pursuant to Chapter 21.42 ofthis title. 2 = Planning commission hearing process Conditional Use Permit (Process Two), pursuant to Chapter 21.42 of this title. 3 = City council hearing process Conditional Use Permit (Process Three), pursuant to Chapter 21.42 ofthis title. "Acc" indicates use is permitted as an accessory use. 13 ATTACHMENT 7 AMENDMENTS TO CHAPTER 21.24 21J4.020 The legend of Table A of Section 21.24.020 (RD-M, Residential Density-Multiple Zone, Permitted Uses) is proposed to be amended as follows: Table A Permitted Uses In the table, below, subject to all applicable permitting and development requirements of the municipal code: "P" indicates use is pemiitted. (See note 6 below) "CUP" indicates use is permitted with approval of a conditional use permit. (See note 6 below) 1 = Administrative homing process Minor Conditional Use Permit (Process One), pursuant to Chapter 21.42 of this title. 2 = Planning commission hearing process Conditional Use Permit (Process Tv^^o), pursuant to Chapter 21.42 of this title. 3 = City council hearing process Conditional Use Permit (Process Three), pursuant to Chapter 21.42 ofthis title. "Acc" indicates use is permitted as an accessory use. 14 ) \ ATTACHMENT 7 AMENDMENTS TO CHAPTER 21.25 21.25.010 Section 21.25.010(1) (C-F, Community Facilities zone. Intent and Purpose) is proposed to be amended as follows: The intent and purpose of the C-F, eCommunity Ffacilities, zone is: (1) To ensure that all master plans and residential specific plans (i.e., specific plans which include residential units) reserve community facility sites of adequate size for uses which benefit the community as a whole by satisfying social/religious/institutional/human service needs; 21.25.040 Table A of Section 21.25.040 (C-F, Community Facilities Zone, Permitted Uses) is proposed to be amended as follows: Table A Usefy-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 homing process Minor Conditional Use Permit (Process One), pursuant to Chapter 21.42 of this title. 2 = Planning commission hearing process Conditional Use Permit (Process Two), pursuant to Chapter 21.42 of this title. 3 = City council hearing process Conditional Use Permit (Process Three), pursuant to Chapter 21.42 ofthis title. "Acc" indicates use is permitted as an accessory use. Use P CUP Acc Adult and/or senior day care and/or recreation facility (private or non^private) 31 Athletic fields i Charitable service (privato/somi private) 2 Child day care center (subject to thc requirements of Chapter 21.83)-(defined: Section 21.04.086) X Churches, synagogues, temples, convents, monasteries, and other places of worship 2 Civic associations (e.g., League of Women Voters, etc.) 2 Clubs - nonprofit-;^ business, civic, professional, etc. (defined: Section 21.04.090) 2\ Educational institurions or schools, public/private (defined: 2 Section 21.04.140) 2 2 i^iulciiiui usaut/iuiiuiJs uiiu luugcs• \^CAV,cpi cuiicgc fraternities/sororities) 2 15 ATTACHMENT 7 Use P CUP Acc Mobile buildings (subject to Section 21.42.140(B)(90))-(defined: Section 21.04.265) 31 Office area (see note 2 below) X Religious reading room (separate from church) 1 Satellite television antennae (subject to Sections 21.53.130 X through 21.53.150)(defmed: Section 21.04.302) X Signs (subiect to Chapter 21.41) X Social clubs (noncommercial) Veterans' organizations (including meeting facilities) 31 Welfare and charitable services organizations (private or semi- private) with no permanent residential uses (e.g., Good Will, Red Cross, Traveler's Aid) 31 Wireless communicationis-facilities (subject to Section 21.42.140 (B)(165))-(defined: Section 21.04.379) 1-/-2 Youth organizations (e.g.. Boy Scouts, Girl Scouts, Boys and Giris Clubs, YMCA and YWCA, except lodgings) il 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. 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. 16 ATTACHMENT 7 AMENDMENTS TO CHAPTER 21.26 21.26.010 Table A of Section 21.26.010 (C-l, Neighborhood Commercial Zone, Pemiitted uses) is proposed to be amended as follows: Table A Pemiitted 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 pemiitted with approval of a conditional use permit. (See note 1 below) 1 - Administrative heming process Minor Conditional Use Permit (Process One), pursuant to Chapter 21.42 of this title. 2 = Planning commission hearing process Conditional Use Permit (Process Two), pursuant to Chapter 21.42 of this title. 3 = City council hearing process Conditional Use Permit (Process Three), pursuant to Chapter 21.42 ofthis title. "Acc" indicates use is permitted as an accessory use. 1^' CUP Acc Accountants Adult and/or senior daycare and/or recreation facility (piivate/non-private) Airports Alcoholic treatment centers Amusement parks Aquaculture (defined: Section 21.04.036) Arcades - coin-operated (subject to Section 21.42.140(B)(15))(defmed: Section 21.04.091) Athletic clubs, gymnasiums, health clubs, and physical conditioning businesses Attomeys Banks and other financial institutions without drive-thm facilities Bakeries Barbershops or beauty parlors Biological habitat preserve (subject to Section 21.42.140(B)(30))(defined: Section 21.04.048) Book or stationery stores Bowhng alley (subject to Section 21.42.14Q(B)(35))(delined: Section 21.04.057) Campsites (ovemight)(subiect to Secrion 21.42.140(B)(40)) Car wash (subject to Section 21.42.14Q(B)(45)) Cemeteries 3 Child day care centers, subject to the provisions of Chapter 21.83 of this title 17 ATTACHMENT 7 Use P CUP Acc Churches, synagogues, temples, convents, monasteries, and other places of worship 2 Clubs - nonprofit, business, civic, professional, etc. (defined: 1 Section 21.04.090) 1 Columbariums„crematories, and-mausoleums, and mortuaries (not within a cemetery) 2 Delicatessen (defined: Section 21.04.106) x Doctors, dentists, optometrists, chiropractors and others practicing the healing arts for human beings, and related uses such as oculists, pharmacies (prescription only), biochemical laboratories and x-ray laboratories X Dress^making or millinery shops X Drive-thm facility (excluding net-restaurants) 31 Dmgstores X Dry goods or notion stores X Educational facilities, other (defined: Section 21.04.137) X Educational institutions or schools, public/private (defined: Section 21.04.140) 2 Engineers, architects and planners X Fairgrounds 3 Farmworker housing complex, small (subject to Section 21.10.25)(defined: Section 21.04.148.4) 1 Florist shops X Fortunetellers, as defined in Section 5.50.010(c) X Gas stations (subject to Section 21.42.140(B)(65)) 31 Golf courses 3 Greenhouses >2,000 square feet (subject to Section 21.42.140(B)(70)) 1 Grocery or fmit stores X Hardware stores X Hospitals (defined: Section 21.04.170) 2 Hospitals (mental)(defined: Section 21.04.175) 2 Hotels and motels (subject to Section 21.42.140(B)(80)) 31 Institutions of a philanthropic or eleemosynary nature, except conectional or mental X Jewelry stores X Laundries or clothes cleaning agencies X Laundromats X Liquor store (subject to Section 21.42.140(B)(85))(defined: Section 21.04.203) 2 Meat markets X Mobile buildings (subject to Section 21.42.140(B)(90))(defined: Section 21.04.265) 31 Mortuaries 3 Outdoor dining (incidental)(subject to Section 21.26.013)(defined: Section 21.040.290.1) X Packing/sorting sheds >600 square feet (subject to Section 21.42.140(B)(70)) 1 Paint stores X Parking facilities (primary use)(i.e., day use, short-term, non-1 storage) 1 Pawnshops (subject to Section 21.42.140(B)(105)) 3 18 ATTACHMENT 7 Use F CUP Acc Pet supply shops X Pool halls, billiards parlors (subject to Section 21.42.(B)(110))(defined: Section 21.04.292) 31 Private clubs, fratemities, sororities and lodges, excepting those X where the chief activity of which is a service customarily carried on as a business Public meeting halls, exhibit halls, and museums 1 Public/quasi-public buildings and facilities and accessory utility buildings/facilities (defined: Section 21.04.297) 2 Racetracks 2 Radio/television/microwave/broadcast station/tower 2 Realtors X Recreation FacilitiesfaciUties 31 Recycling collection facilities, large (subject to Chapter 21.105 ofthis titlo)(defined: Section 21.105.015) 2 Recycling collection facilities, small (subject to Chapter 21.105 of this title)(defined: Section 21.105.015) 1 Religious reading room (separate from church) 1 Residential uses (subject to Section 21.26.015 of this title) X Restaurants (bona fide public eating establishment)(defined: Section 21.04.056) X Restaurants (excluding drive-thm restaurants), tea rooms or cafes (excluding dancing or entertainment and on-sale liquor) X Satellite television antennae (subject to Section 21.53.130 >k through 21.53.150)(defined: Section 21.04.302) Shoe stores or repair shops X Signs (subject to Chapter 21.41} x Stadiums 3 Tailors, clothing or wearing apparel shops X Tattoo parlors (subject to Section 21.42.140(B)(140)) 3 Theaters (motion picture or live) - indoor) 31 Theaters, stages, amphitheaters - outdoor 2 Thrift shops (subject to Section 21.42.140(B)(150)) 31 Transit passenger terminals (bus and train) 2 Veterinary clinic/animal hospital (small animals)(defined: Section 21.04.378) 1 Welfare and chmitable service (private or semi-private) with no 1 permanent residential uses (i.e.. Good Will, Red Cross, Traveler's Aid) Windmills (exceeding height limit of zone)(subject to Section 21.42.140(B)(160)) 2 Wireless communications facilities (subject to Section 1/2 21.42.140(B)(165))(defined: Section 21.04.379) Youth organizations (e.g.. Boy Scouts, Girl Scouts. Boys and 1 Giris Clubs. YMCA, YWCA. excent lodgings Zoos (privatc)(subjcct to Section 21.42.14Q(B)(17Q))(defined: Section 21.04.400) 3 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 ATTACHMENT 7 AMENDMENTS TO CHAmTER 21.27 21.27.020 Table A of Section 21.27.020 (O, Office Zone, Permitted Uses) is proposed to be amended as follows: Table A Permitted Uses In the table, below, subject to all applicable permitting and development requirements of the municipal code: "P" indicates use is permitted. (See note 1 below) "CUP" indicates use is permitted with approval of a conditional use permit. (See note 1 below) 1 = Administrative hearing processMinor Conditional Use Pemiit (Process One), pursuant to Chapter 21.42 ofthis title. 2 = Planning commission hearing processConditional Use Permit (Process Two), pursuant to Chapter 21.42 of this title. 3 = City council hearing processConditional Use Permit (Process Three), pursuant to Chapter 21.42 of this title. "Acc" indicates use is permitted as an accessory use. Use Accountants Administrative and executive offices Advertising agencies Airports Alcoholic treatment centers Aquaculture (defined: Section 21.04.036) Architects, planners and engineers Athletic clubs, gymnasiums, health clubs, and physical conditioning businesses Attomeys Banks and other financial institutions without drive-thm facilities Biological habitat preserve (subject to Section 21.42.140(B)(30))(defined: Section 21.04.048) Campsites (ovemight)(subject to Section 21.42.14Q(B)(40)) Cemeteries Child day care center (subject to Chapter 21.83)(defined: Section 21.04.086) Churches, synagogues, temples, convents, monasteries, and other places of worship Clubs - non-profit, business, civic, professional, etc. (defined: Section 21.04.090) Columbariums, crematories, and mausoleums (not vvithin a cemetery) Commercial artists Company and corporate headquarters Delicatessen (defined: Section 21.04.106) CUP 31 Acc 20 \ \ I ATTACHMENT 7 Use 1 P CUP Acc Dentists, doctors, chiropractors and other incidental related uses such as pharmacies (prescription only), biochemical, x-ray laboratories, medical offices and clinics (excluding hospitals) X Drive-thm facility (net-excluding restaurants) 31 Educational facilities, other (defmed: Section 21.04.137) 1 Educational institutions or schools, public/private (defined: Section 21.04.140) 2 Electronic data processing and record keeping services X Fairgrounds 3 Farmworker housing complex, small (subject to Section 21.10.125)(defined: Section 21.04.148.4) 1 General contractor (offices only, no equipment or material storage) X Golf courses 3 Govemment offices X Greenhouses >2,000 square feet (subject to Section 21.42.140(B)(70)) 1 Hospitals (defmed: Section 21.04.170) 2 Hospitals (mental)(defined: Section 21.04.175) 2 Hotels and motels (subiect to Section 21.42.140(B)(80)) 1 Insurance agencies and services X Labor union offices (no hiring halls) X Management consultants X Mobile buildings (subject to Section 21.42.140(B)(90))(defined: Section 21.04.265) 31 Offices, business and professional, including incidental commercial facilities such as blueprint and photocopy shops and duplicating services X Outdoor dining (incidental)(subject to Section 21.26.013)(defined: Section 210.04.290.1) X Packing/sorting sheds >600 square feet (subject to Section 21.42.140(B)(70)) 1 Parking facilities (primary use)(i.e., day use, short-term, non^ storage) 1 Photographers X Public meeting halls, exhibit halls, and museums 1 Public/quasi-public buildings and facilities and accessory utility buildings/facilities (defined: Section 21.04.297) 2 Radio/television/microwave/broadcast station/tower 2 Real estate cuid related services X Recreation facilities 31 Restaurants (bona fide public eating establishment) (subj ect to Section 21.42.140(B))(defined: Section 21.04.056) 31 Satellite television antennae (subject to thc provisions of Sections 21.53.130 through 21.53.150 of this code] X Signs (subject to the provisions of this chapter and Chapter 21.41} X Stadiums 3 Stockbrokers X Title and tmst companies X Transit passenger terminals (bus and train) 2 Travel agencies X 21 0' ATTACHMENT 7 Use P CUP Acc Veterinary clinic/animal hospital (small animals)(defined: Section 21.04.378) 1 Windmills (exceeding height limit of zone)(subject to Section 21.42.140(B)(160)) 2 Wireless communications-_facilities (subject to Section 21.42.140(B)(165))(define'd: Section 21.04.379) 1/2 3 Section 21.01100) 3 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. 22 ATTACHMENT 7 AMENDMENTS TO CHAPTER 21.28 21.28.010 Table A of Section 21.28.010 (C-2, General Commercial Zone, Permitted uses) is proposed to be amended as follows: Table A Permitted Uses In the table, below, subject to all applicable permitting and development requirements of the municipal code: "P" indicates use is permitted. (See note 1 below) "CUP" indicates use is permitted with approval of a conditional use permit. (See note 1 below) 1 = Administrative hearing process Minor Conditional Use Permit (Process One), pursuant to Chapter 21.42 of this title. 2 = Planning commission hearing process Conditional Use Permit (Process Two), pursuant to Chapter 21.42 of this title. 3 = City council hearing process Conditional Use Permit (Process Three), pursuant to Chapter 21.42 of this title. "Acc" indicates use is pemiitted as an accessory use. Use P CUP Acc Adult and/or senior day care and/or recreation facility (private or 1 non-nrivate) 1 Airports Alcoholic treatment centers 2 Amusement parks 3 Any use permitted in the C-l zone X Aquaculture (defined: Section 21.04.036) 31 Aquaculture stands (displav/sale)( subiect to Section 1 21.42.140.B.10) 1 Arcades - coin-operated (subject to Section 21.42.140(B)(15)) (defined: -Section 21.04.091) 1 Athletic clubs, gymnasiums, health clubs, and physical conditioning businesses X Auto repairing X Bars, cocktail lounges (subject to Section 21.42.140(B)(20)) (defined: Section 21.04.041) (see note 1 below) 2 Biological habitat preserve (subject to Section 21.42.140(B)(30)) (defined: Section 21.04.48) 2 Blueprinting, photocopying, and duplicating services X Bowling alley (subject to Section 21.42.140(B)(40))-(defined: Section 21.040.057) 31 Campsites (overnight) (subject to Section 21.12.140(B)(40)) 3 Car wash (subject to Section 21.42.140(B)(45)) 31 Cemeteries 3 23 ATTACHMENT 7 Use P CUP Acc Churches, synagogues, temples, convents, monasteries, and other places of worship 2 Clubs - nonprofit, business, civic, professional, etc. (defined: 1 Section 21.04.090) 1 Columbariums;—crematories, and mausoleums (not within a cemetery) 2 Commercial printing and photoengraving X Delicatessen (defined: -Section 21.04.106) X Drive-thm facilities (net-excluding restaurants) 31 Educational facilities, other (defined: -Section 21.04.137) X Educational institutions or schools, public/private (defined: -Section 21.04.140) 2 Fairgrounds 3 Farmworker housing complex, small (subject to Section 21.10.125)(defined: 21.04.148.4) 1 Gas stations (subject to Section 21.42.140(B)(65)) 31 Golf courses 3 Greenhouses > 2,000 square feet (subject to Section 21.42.140(B)(70)) 1 Hospitals (defined: Section 21.04.170) 2 Hospitals (mental)-(defined: -Section 21.04.175) 2 Hotels and motels (subject to Section 21.42.140(B)(80)) 31 Liquor store (subject to Section 21.42.140(B)(85))—(defined: Section 21.04.203) 31 Mobile buildings (subject to Section 21.42.140(B)(80))-(defined: Section 21.04.265) 31 Mortuaries 2 Nightclubs, dance clubs, and other establishments that play live or 2 recorded music or make regular use of amplified sound (see note 1 2 below) 2 Outdoor dining (incidental)(subject to Section 21.26.013)(defined: Section 21.04.290.1) X Packing/sorting sheds > 600 square feet (subject to Section 21.42.140(B)(70)) 1 Parking facilities (primarv use)(i.e., dav uses, short-term, non-1 storage) 1 Pawnshops (subject to Section 21.42.140(B)(105)) 3 Pet shops X Pool halls, billiard parlors (subject to Section 21.42.140(B)(110)) (defined:- Section 21.04.292) 31 Public meeting halls, exhibit halls, and museums 1 Public/quasi-public buildings and facilities and accessory utility buildings/facilities (defined: -Section 21.04.297) 2 Racetracks 2 Radio/television/microwave/broadcast station/tower 2 Recreation facilities 31 Recychng collection facihties. large (subject to Chapter 2 21.105)(defined: Section 21.105.015 2 Recycling collection facilities, small (subject to Chapter 21.105-ef this title)-(defined:- Section 21.105.015) 1 3 IXCCyLllIlg CUliCt^tlUU laClllLIC?!^, KU gC MlUJCCl lU V-'UU.piCi w 1 . i\J^ Ul this title) (defined: Section 21.105.015) 3 24 ATTACHMENT 7 Use p CUP Acc Religious reading room 1 Residential uses (subject to Section 21.28.015 of this title) X Retail, wholesale, or service businesses catering directly to the consumer X Satellite television antennae (subject to the provisions of Sections 21.53.130 through 21.53.140)(defined: Section 21.04.302)of this cod© X Signs (subject to the provisions of Chapter 21.41) X Stadiums 3 Tattoo parlors (subject to Section 21.42.140(B)(150)) 3 Theaters (motion picture or live) - indoor 31 Theaters, stages, amphitheaters - outdoor 2 Thrift shops (subject to Section 21.42.140(B)( 150)) 31 Transit passenger terminals (bus and train) 2 Upholstering shops X Veterinary clinic/animal hospital (small animals)-(defined:- Section 21.04.378) 1 Welfare and charitable services (private or semi-private) with no 1 permanent residential uses (e.g.. Good Will. Red Cross, Traveler's 1 Aid) 1 Windmills (exceeding height limit of zone)—(subject to Section 21.42.140(B)(160)) 2 Wireless communications facilities (subject to Section 21.42.140(B)(165)) 1-/-2 Youth organizations (e.g.. Boy Scouts, Girl Scouts. Boys and Girls 1 Clubs, YMCA, YWCA, except lodgings 1 '/nn^ ^'nrivntf V'-iihif^ft tn 9nrtinn 71 4^ 1 ilOf RVI 7nVUripfinpH-3 Section 21.04.400) 3 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. 25 ATTACHMENT 7 AMENDMENTS TO CHAPTER 21.30 21.30.010 Table A of Section 21.30.010 (C-M, Heavy Commercial - Limited Industrial Zone, Pemiitted uses) is proposed to be amended as follows: Table A Permitted Uses In the table, below, subject to all applicable permitting and development requirements of the municipal code: "P" indicates use is permitted. (See notes 2 and 3 below) "CUP" indicates use is permitted with approval of a conditional use permit. (See notes 2 and 3 below) 1 = Administrative hearing process Minor Conditional Use Permit (Process One), pursuant to Chapter 21.42 ofthis title. 2 = Planning commission hearing process Conditional Use Permit (Process Two), pursuant to Chapter 21.42 of this title. 3 = City council hearing process Conditional Use Pemiit (Process Three), pursuant to Chapter 21.42 ofthis title. "Acc" indicates use is permitted as an accessory use. Use P CUP Acc Adult businesses (subject to Chapter 21.43 of this title, and Chapter 8.60 of CMC Title 8) X Airports 3 Alcoholic treatment centers 2 Amusement parks 3 Any use permitted in other commercial zones is permitted in the C- M zone^ (with exceptions as set out in note h below) X Aquaculture (defined:- Section 21.04.091) 31 Aquaculture stands (display/sale)(subiect to Section 21.42.140.B.10 1 Arcades - coin-operated (subject to Section 21.42.140(B)(15)) (defined:- Section 21.04.091) 1 Assembly of electrical appliances such as: —(A) electronic instmments and devices, (B) radios and phonographs, including manufacture of small parts, such as coils X Auction houses or stores X Auto storage/impound yards (i.e., ovemight product storage) 2 Biological habitat preserve (subject to Section 21.42.140(B)(30)) (defined: -Section 21.04.048) 2 Boat building (limited to those craft which may be transported over a state highway without pemiit) X Body and fender works, including painting X Book printing and publishing X Bookbinding X Bowling alley (subject to Section 21.42.140(B)(35))-(defined: Section 21.04.057) 31 Breweries 1 26 ATTACHMENT 7 Use P CUP Acc Building material storage yards X Cabinet shops X Campsites (overnight) (subject to Section 21.42.140(B)(40)) 3 Carpet cleaning plants X Cemeteries Ceramic products, manufacture of, including figurines, using only previously pulverized clay and kilns fired only by electricity or low pressure gas X Child day care center (subject to Chapter 21.83)(defined: Section 21.04.086) 2 Churches, synagogues, temples, convents, monasteries, and other places of worship 2 Cleaning and dyeing plants X Clubs - nonprofit, business, civic, professional, etc. (defined: 1 Section 21.04.090) 1 Columbariums^ crematories,—and mausoleums (not within a cemetery) 2 Delicatessen (defined:- Section 21.04106) X Drive-thm facilities (net-excluding restaurants) 31 Dwelling on the same lot which a factory is located when such dwelling is used exclusively by a caretaker or superintendent of such factory and his family. When such dwelling is established, all required yards in the R-3 zone shall be maintained^ X Educational facilities, other (defined: Section 21.04.137) 1 Educational institutions or schools, public/private (defined: Section 21.04.140) 2 Fairgrounds 3 Farmworker housing complex, small (subject to Section 21.10.125)(defined: 21.04.148.4) 1 Feed and fuel yards X Frozen food lockers X Gas stations; (subject to Section 21.42.140(B)(65)) 31 Glass studios, staining, edging, beveling and silvering in connection with sale of mirrors and glass for decorating purposes X Golf courses 3 Greenhouses > 2,000 square feet (subject to Section 21.42.140(B)(70)) 1 Hazardous waste facility (subject to Section 21.42.140(B)(75)) (defined:- Section 21.04167) 3 Hospital, industrial emergency (not full hospital or mental hospital) X Kennels (defined: Section 21.04.195) 31 Laboratories, experimental, motion picture, testing X Laundries X Lumber yards (no planing mills and bumers) X Machine shops X Mini-warehouses/-self storage 2 Mobile buildings (subject to Section 21.42.140(B)(90))-(defined: Section 21.04.265) 31 Mortuaries 2 Musical instmments, manufacture of X Newspaper/periodical printing and publishing X 3 27 ATTACHMENT 7 Use p CUP 1 Acc Oil and gas facilities (on-shore)—(subject to Section 21.42.140(B)(70)) 3 Outdoor dining (incidental)-(subject to Section 21.26.013)(defined: Section 21.04.290.1) X Packing/sorting sheds > 600 square feet (subject to Section 21.42.140(B)(70)) 1 Parcel service delivery X Parking facilities (primary use)—(i.e., day use, short-term, non^ storage) 1 Pawnshops (subject to Section 21.42.140(B)(105)) 3 Plumbing shops and plumbing shop supply yards X Pool halls, billiard parlors (subject to Section 21.42.140(B)( 110)) (defined:- Section 21.04.292) 31 Public scales X Public/quasi-public buildings and facilities and accessory utility buildings/facilities (defined:- Section 21.04.297) 2 Racetracks 2 Radio/television/microwave/broadcast station/tower 2 Recreation facilities 31 Recreational vehicle storage (subject to Section 21.42.140(B)(120)) (defined:- Section 21.04.299) 1 Recycling collection facilities, large (subject to Chapter 21.105) (defined:- Section 21.105.015) +2 Recycling collection facilities, small (subject to Chapter 21.105) (defined:- Section 21.105.015) 1 Recycling process/transfer facility 2 Restaurants (bona fide public eating establishment) (defined: Section 21.04.056) 31 Satellite antennae (>1 per use)-(defined:- Section 21.04.302) 1 Satellite television antennae (subject to the provisions of Sections 21.53.130 through 21.53.140)(defined: Section 21.04.302) eMiis C'Od© X Sheet metal shops X Signs (subject to the provisions of Chapter 21.41) ^. Stadiums 3 Tattoo parlors (subject to Section 21.42.140(B)(140)) 3 Theaters (motion picture or live) - indoor 31 Thrift shops (subject to Section 21.42.140(B)( 150)) 31 Tire rebuilding, recapping and retreading X Transit passenger terminals (bus and train) 2 Transit storage (ex. rolling stock) 2 Veterinary clinic/animal hospital (small animals)-(defined:- Section 21.04.378) 1 Wholesale businesses, storage buildings and warehouses X Windmills (exceeding height limit of zone)—(subject to Section 21.42.140(B)(160)) 2 Wireless communications facilities (subject to Section 21.42.140(B)(165))-(defined:- Section- 21.04.379) 1/2 7nn'^ /'nriA'-itp^ ^'^nHiprt tn 9[rTtinn 1 /P 1/lfVRV17n^^ (Anf\nnc\-3 Section 21.04.400) 3 28 ATTACHMENT 7 Notes: 1. Any use permitted in the commercial zones is allowed in the C-M zone, except: (A) Hotels; and motels mid auto courts, (B) Hospitals (however, industrial emergency hospitals are pemiitted), (C) Residential care facilities, (D) Professional care facilities, (E) Private clubs, fratemities, 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 8.09.020 of the Carlsbad Municipal Code (CMC), shall be subject to the requirements of CMC Chapter 8.09. 3. For properties w-hich are located within the boundmies of the Carlsbad Research Center (CRC) Specific Plan, please refer to the CRC Specific Plan for a list of allowable uses, setback requirements, etc. 29 ATTACHMENT 7 AMENDMENTS TO CHAPTER 21.31 21.31.030 Table A of Section 21.31.030 (C-L, Local Shopping Center Zone, Permitted uses) is proposed to be amended as follows: Table A Uses-Permitted in the C L ZoncUses In the table, below, subject to all applicable permitting and development requirements of the municipal code: "P" indicates the use is pemiitted. (See note 5 below) "CUP" indicates that the use is pemiitted with approval of a conditional use permit. (See note 5 below) 1 = Administrative hearing process Minor Conditional Use Permit (Process One), pursuant to Chapter 21.42 ofthis title. 2 = Planning commission hearing process Conditional Use Permit (Process Two), pursuant to Chapter 21.42 ofthis title. 3 = City council hearing process Conditional Use Permit (Process Three), pursuant to Chapter 21.42 ofthis title. "Acc" indicates use is pemiitted as an accessory use. Use P CUP Acc Accessory buildings/stmctures, which are customarily appurtenant to a permitted use (ex. incidental storage facilities (see note 1; below)-(defined:- Section 21.04.020) X Adult and/or senior day care and/or recreation facility (private or non-private) 31 Alcoholic treatment center 2 UStCft |JC7I IlllllCU 111 K^lltXpWl 1 IIUl UllltTl Wl!5t? llalcU iltJl tJrII''V\:;^'jP~ Community Facilities Zone) Arcades - coin-operated (subject to Section 21.42.140(B)(15)) (defined:- Section 21.04.041) 1 Athletic clubs, gymnasiums, and health clubs X Bmiks and other financial institutions without drive-thru facilities X Bars, cocktail lounges (subject to Section 21.42.140(B)(20)) (defined:- Section 21.04.041) 2 Biological habitat preserve (subject to Section 21.42.140(B)(30)) (defined:- Section 21.04.048) 2 Bowling alley (subject to Section 21.42.140(B)(35))—(defined: Section 21.04.057) 31 Car wash (subject to Section 21.42.140(B)(45)) 31 Child day care centers (subject to Chapter 21.83)-(defined:- Section 21.04.086) X Clubs - nonprofitfi business, civic, professional, etc. (defined: sSection 21.04.090) 31 Delicatessen (defined: Section 21.04.106) X Drive-thm facilities (net-excluding restaurants) 31 Dmg paraphemalia store (subject to Section 21.42.140(B)(55)) 3 30 ATTACHMENT 7 Use P CUP Acc Educational facilities, other (defined:- Section 21.04.137)-(see note 2; below) x Escort service (subiect to Section 21.42.140(B)(60))(defined: Section 21.04.141) 3 Farmworker housing complex, small (subject to Section 21.10.125)(defined: Section 21.04.148.4) 1 Gas stations (subject to Section 21.42.140(B)(65)) 31 Greenhouses > 2,000 square feet (subject to Section 21.42.130(B)(70)) 1 Kiosks, vending carts, and push carts (see note 1, below) X Liquor store (subject to Section 21.42.140(B)(85))—(defined: Section 21.04.203) 31 Manufacturing/fabrication of goods (ancillary)-(subject to Section 21.31.070)-(seenote 1; below) X Medical uses (excluding hospitals), including offices for medical practitioners, clinics, incidental laboratories, and pharmacies (prescription only) X Mobile buildings (subject to Section 21.42.140(B)(90))-(defined: Section 21.04.265) 31 News/ magazine stands (see note 1; below) X Nightclubs, dance clubs, and other establishments that play live or recorded music or make regular use of amplified sound 2 Office uses, that provide services directly to consumers, including, but not limited to, banking, financial, insurance, and real estate services (see note 3; below) X Outdoor dining (incidental)-(subject to Section 21.26.013)-(defined: Section 21.04.290.1) X Outdoor sales of seasonal agricultural goods (Christmas trees, pumpkins, and similar products)-(subject to Section 21.31.060.B) (see note 1, below) X Packing/sorting sheds > 600 square feet (subject to Section 21.42.140(B)(70)) 1 Pet shops/-pet supplies X Plant nurseries and nursery supply 1 Pool halls, billiard parlors (subject to Section 21.42.140(B)(110)) (defined:- Section 21.04.292) 31 Public meeting halls, exhibit halls, and museums 31 Public/quasi-public buildings and facilities and accessory utility buildings/-facilities (defined:- Section 21.04.297) 2 Radio/television/microwave/broadcast station/tower 2 Recreation facilities 1 Recycling collection facilities, large (subject to Chapter 21.105-ef this titlo)-(defined:- Section 21.105.015) 2 Recycling collection facilities, small (collection, temporary storage) (subject to Chapter 21.105 of this titloi—s^ee also Section 21.31.080 of this chapter)-(defined:- Section 21.105.015) 1 Recycling, reverse vending machine (subject to Chapter 21.105-ef this title. See also Section 21.31.080 of this chapter)-(defined: Section 21.105.015)-(see note 1; below) X Religious reading room (separate from church) 1 Residential uses (subject to Section 21.31.065 of this title) X 31 ATTACHMENT 7 Use P CUP Acc Restaurants, cafes, and coffee shops, including take-out only service (ne-excluding drive-thm) x Retail uses that provide goods sold directly to consumers, and focusing on the needs of the local neighborhood, including sales of liquor (see note 4? below) X Satellite television antennas (subject to Sections 21.53.130 through 21.53.150)(defined: Section 21.04.302) X Services, provided directly to consumers, and focusing on the needs of the local neighborhood, including, but not limited to, personal grooming, dry cleaning, and tailoring services X Signs (subject to Chapter 21.41 of this tide) X Temporary building/trailer (constmction)—(subject to Section 21.53.110} X Theaters (motion picture or live) - indoor 31 Theaters, stages, amphitheaters, outdoor 2 Thrift shops (subiect to Section 21.42.140(B)( 150)) 1 Veterinary clinic/animal hospital (small animals)-(defined:- Section 21.04.378) 1 Welfare and chmitable services (private or semi-private) with no i permanent residential uses (e.g.. Good Will, Red Cross, Traveler's i Aid) i Youth organizations (e.g.. Boy Scouts, Girl Scouts. Boys and Girls 1 Clubs. YMCA. YWCA. except lodgings 1 Wireless communications facilities (subject to Section 21.42.140(B)(165))-(defined:- Section 21.04.379) 1-/-2 Notes: 1. Accessory buildings and stmctures and ancillary uses shall be developed as an integral part of a pemiitted use within or on the same stmcture or parcel of land. 2. Educational facilities, other. No individual educational facility shall occupy more than ten 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 leasable floor mea within any local shopping center. 4. Retail sales may also include those types of goods and services that are typically offered by "community" retail establishments. When "community" retail establishments are included in a local shopping center, they shall be subject to the following: the definition of a local shopping center, Section 21.31.020, £ind the function of the local shopping center land use class as described in the Carlsbad general plan. 5. Any use meeting the definition of an entertainment establishment, as defined in Section 8.09.020 of the Carlsbad Municipal Code (CMC), shall be subject to the requirements of CMC Chapter 8.09. 32 ATTACHMENT 7 AMENDMENTS TO CHAPTER 21.32 21.32.010 Table A of Section 21.32.010 (M, Industrial Zone, Permitted uses) is proposed to be amended as follows: Table A Permitted Uses In the table, below, subject to all applicable permitting and development requirements of the municipal code: "P" indicates use is pemiitted. (See note 1 below) "CUP" indicates use is permitted with approval of a conditional use permit. (See note 1 below) 1 = Administrative heming process Minor Conditional Use Permit (Process One), pursuant to Chapter 21.42 of this title. 2 = Planning commission hearing process Conditional Use Permit (Process Two), pursuant to Chapter 21.42 of this title. 3 = City council hearing process Conditional Use Permit (Process Three), pursuant to Chapter 21.42 ofthis title. "Acc" indicates use is permitted as an accessory use. Use P CUP Acc Adult businesses (subject to Chapter 21.43 of this title, and Chapter 8.60 of CMC Title 8) X Airports 3 Alcoholic treatment centers 2 Any industrial use not specifically permitted herein must be X ^ ICVIC WCU tlS jJI UVltJCU''ill'''xl.'liU.UL^ i .*'TJL iXJl iX L/UllliJllUllUl U?JC jJClinil X ^ 111 UlUCl lU lUL'UlC lllU-USLlj 111 113 [JlUpcl UlJU U-VulluLJlt? lUCuLlUll 111 iMU X ^ ICglLUl UIIU piCVdll CUliillWl Willi tlic lllgll UCglCt? Ul lC*MliCllLlUl X ^ LieVCIUpillClH CAirillllg 111 U.11U UlUUUU LUC LliyilUty '-^vT i.^UllMLlCiC'U UV the City Planner. X ^ Any use permitted in the C-l, C-2 and C-M zones is permitted in the M zone, except child day care centers X Aquaculture (defined:- Section 21.04.036) 31 Aquaculture stands (display/sale)(subject to Section 1 21.42.140(B)(1())) 1 Auto storage/impound yards (i.e., ovemight product storage) 2 Auto wrecking yards (defined:- Section 21.04.040) 2 Automobile painting. All painting, sanding and baking shall be wholly conducted within a building. X Bakeries X Biological habitat preserve (subject to Section 21.42.140(B)(30)) (defined:- Sectiour- 21.04.048 2 Body and fender works, including painting X Book printing and publishing X Bookbinding X 33 13 ATTACHMENT 7 Use P CUP Acc Bottling plants X Breweries, including accessory tasting rooms X Campsites (overnight) (subject to Section 21.42.140(B)(40)) 3 Cemeteries Churches, synagogues, temples, convents, monasteries, and other places of worship 2 Clubs - nonprofit, business, civic, professional, etc.) (defined: 1 Section 21.04.090) 1 Columbariums, crematories, and mausoleums (not within a cemetery) 2 Creameries X Dairy products manufacture X Delicatessen (defined:- Section 21.04.106) X Draying, freighting or tmcking yards or terminals X Drive-thm facilities (net-excluding restaurants) 31 Dumps (public)-(defined:- Section 21.04.110) 3 Educational facilities, other (defined: Section 21.04.137) 1 Educational institutions or schools, public/private (defined:- Section 21.04.140) 2 Electric or neon sign manufacture X Emergency Shelter, no more than 30 beds or persons (subject to Section 21.32.070)(defined: Section 21.04.140.5) X Emergency Shelter, more than 30 beds or persons (subject to Section 21.32.070)(defined: Section 21.04.140.5) 3 Fairgrounds 3 Farmworker housing complex, large (subject to Section 21.10.125)(defined: Section 21.04.148.3) 3 Farmworker housing complex, small (subject to Section 21.10.125)(defined: Section 21.04.148.4) X Feed and fuel yards X Food products manufacture, storage, and process of, except lmd, pickles, sauerkraut, sausage or vinegar X Fmit and vegetable canning, preserving, and freezing X Fmit packing houses X Fumiture manufacture X Garment manufacturers X Gas stations (subject to Section 21.42.140(B)(65)) 31 Golf courses Greenhouses > 2,000 squme feet (subject to Section 21.42.140(B)(70)) 1 Hazardous waste facility (subject to Section 21.42.140(B)(75)) (defined:- Section 21.04.167) 3 Hospitals (defined:- Section 21.04.170) 2 Hospitals (mental)-(defined:- Section 21.04.175) 2 Ice and cold storage plants X Kennels (defined: Section 21.04.195) 31 Lumber yards X Machine shops X Manufacture or prefabricated buildings X Mills, planing 2 Mini-warehouse, self-storage 2 34 ATTACHMENT 7 Use P CUP Acc Mobile buildings (subject to Section 21.42.140(B)(90))-(defined: Section 21.04.265) 31 Mortuaries 2 Newspaper/periodical printing and publishing X 3 Oil and gas facilities (on-shore)—(subject to Section 21.42.140(B)(95)) 3 Outdoor dining (incidental)-(subject to Section 21.26.013)-(defined: Section 21.04.290.1) X Packing/—sorting sheds >600 squme feet (subject to Section 21.42.140(B)(70)) 1 Pmking facilities (primary use)—(i.e., day use, short term, non^ storage) 1 Pawnshops (subject to Section 21.42.140(B)(105)) 3 Plastics, fabrication from X Public/quasi-public buildings and facilities and accessory utility buildings/facilities (defined:- Section 21.04.297) 2 Racetracks 2 Radio/television/microwave/broadcast station/tower 2 Recreation facilities 31 Recreational vehicle storage (subject to Section 21.42.140(B)(120)) (defined:-21.04.299) 1 Recycling collection facilities, Imge (subject to Chapter 21.105) (defined:- Section 21.105.015) 2 Recycling collection facilities, small (subject to Chapter 21.105) (defined:- Section 21.105.015) 1 Recycling process/ transfer facility 2 Rubber, fabrication of products made from finished mbber X Satellite antennae (>1 per use)-(defined:- Section 21.04.302) 1 Satellite television antennae (subject to Sections 21.53.130 through 21.53.150) (defined: Section 21.04.302) ^. X Sheet metal shops X Shoe manufacturing X Signs (subject to Chapter 21.41) X Soap manufacture, cold mix only X Stadiums 3 Stone monument works X Tattoo pmlors (subject to Section 21.42.140(B)(140)) 3 Textile manufacture X Thrift shops (subject to Section 21.42.140(B)(150)) 31 Tire rebuilding, recapping and retreading X Transit passenger bus terminals (bus and train) 2 Transit storage (ex. rolling stock) 2 Tmck steam cleaning equipment X Veterinmy clinic/animal hospital (small animals)-(defined:- Section 21.04.378) 1 Windmills (exceeding height limit of zone)-(subject to Section 21.42.140(B)(160)) 2 Wireless communications facilities (subject to Section 21.42.140(B)(165)) (defined:- Section 21.04.379) 1-/-2 T^nnt rnrivitp^ ('znhiprt tn <sprtion '^1 4'^ U10rR)ri7nV^ Mrfhipd* 3 Section 21.04.400) 3 35 0^ f ATTACHMENT 7 Notes: 1. Any use meeting the definition of an entertainment establishment, as defined in Section 8.09.020 of the Cmlsbad Municipal Code (CMC), shall be subject to the requirements of CMC Chapter 8.09. 36 ATTACHMENT 7 AMENDMENTS TO CHAPTER 21.33 21.33.020 Table A of Section 21.33.020 (O-S, Open Space Zone, Permitted Uses) is proposed to be amended as follows: Table A Pemiitted 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 pemiit. (See note 1 below) 1 = Administrative hearing process Minor Conditional Use Pennit (Process One), pursuant to Chapter 21.42 of this title. 2 = Planning commission hearing process Conditional Use Perniit (Process Two), pursuant to Chapter 21.42 ofthis title. 3 = Citv council heming process Conditional Use Permit (Process Three), pursuant to Chapter 21.42 ofthis title. "Acc" indicates use is permitted as an accessory use. P CUP Aquaculture (defined:- Section 21.04.036) 31 Aquaculture stands (display/sale)-(subject to Section 21.42.140(B)(10)) 31 Athletic fields 31 Bmbeque and fire pits X Beaches and shoreline recreation, public X Bicycle paths X Biological habitat preserve (subject to Section 21.42.140(B)(30)) (defined:- Section 21.04.048) 2 Campsites (ovemight)-(subject to Section 21.42.140(B)(40)) 2 Cemeteries (may include accessory mausoleums and columbmiums) 3 Changing rooms X City picnic meas X City playgrounds X Clubhouses X 1^^ 1 n 111 r\ o Tl 11 tnv" ^"^T^^tYt^yt fwi a tnr 'in H nT'iri r^l f^i ITYI*;' I n r\t n t niTi o 3 V^'UlUlllUUl 1 ulllJi, CICIllulUl lUlil^t^ uiiu lliu.U?iUlctllllLi V*'*'-''' VrlUllli u cemetery) 3 Cultural activities and facilities 31 Educational institutions or schools, public/private (defined:- Section 21.04.140) 2 Entertainment activities and facilities 31 Fairgrounds 3 Fallow lands X 37 ATTACHMENT 7 Use p CUP Acc Farmworker housing complex, small (subject to Section 21.10.125)(defined: 21.04.148.4) X Fencing X Field and seed crops X Golf courses 2 Greenhouses (2,000 square feet maximum) X Greenhouses > 2,000 squme feet (subject to Section 21.42.140(B)) 1 Horse trails X Horticultural crops X Marinas 2 Mobile buildings (subject to Section 21.42.140(B)(90))-(defined: Section 21.04.265) 31 Open space and conservation easements X Orchmds and vineymds X Other similm accessory uses and stmctures required for the conduct of the permitted uses X Packing/sorting sheds (600 square feet maximum) X PackingZ-sorting sheds >600 squme feet (subject to Section 21.42.140(B)(70)) 1 Park, public (subject to Section 21.42.140(B)(100)) 2 Pmking meas X Pmlcs, public Pasture and rangeland X Patios X Picnic meas (private) 31 Playground equipment X Playgrounds (private)/ playfields (see note 2 below) 31 Pool filtering equipment X Public access easement, non-vehiculm X Public lands X Public restrooms X Public/quasi-public buildings and facilities and accessory utility buildings/-facilities (defined:- Section 21.04.297) 2 Radio/television/microwave/broadcast station/tower 2 Recreation facilities 31 Recycling collection facilities, large (subject to Chapter 21.105-ef this title)-(defined:- Section 21.105.015) 2 Recycling collection facilities, small (subject to Chapter 21.105-ef this title)-(defined:- Section 21.105.015) 1 Scenic easements X Signs (subject to Chapter 21.41) X Slope easements X Stables/-riding academies 2 Stadiums 3 Stairways X Swimming pools (see note 2 below) 31 Tennis courts (see note 2 below) 31 Theaters, stages, amphitheaters - outdoor 2 Transportation rights-of-way X Tree fmms X Tmck crops X Vista points X 38 ATTACHMENT 7 Use P CUP Acc Windmills (exceeding height limit of zone)-(subject to Section 21.42.140(B)(160)) 2 Wireless communications facilities (subject to Section 21.42.140(B)(165))-(defined:- Section 21.04.379) 1/2 Zoos (priyate)-(subject to Section 21.42.140(B)(170)) 2 Notes: 1. Any use meeting the definition of an entertainment establishment, as defined in Section 8.09.020 of the Cmlsbad Municipal Code (CMC), shall be subject to the requirements of CMC Chapter 8.09. 2. A conditional use permit is required unless the use is permitted in conjunction with another permit such as a Master Plan, Specific Plmi, or Planned Development. 21.33.060 21.33.060 Building Height No building or stmcture in the O-S zone district shall exceed twenty-five feet in height unless a higher elevation is approved by a minor conditional use permit issued by the Planning I;ity Planner. 39 ATTACHMENT 7 AMENDMENTS TO CHAPTER 21.34 21.34.010(1) Section 21.34.010(1) (Intent and Purpose, P-M Planned Industrial Zone) is proposed to be amended as follows: The intent and purpose of this chapter is to accomplish the following: (1) Allow the location of business and light industries engaged primmily in resemch and/or testing, compatible light manufacturing, and business and professional offices; when engaged in activities associated with corporate offices or in activities w^hose primary^ purpose is not to cater directly to the general public, allow and-certain commercial/retail uses which cater to, support, or mid-me accessorv^ancillary to the uses allowed in this ZOUCT; and allow flexibility for other select uses (i.e., athletic clubs/gyms, churches, daycare centers, recreation facilities, etc.) when found to be compatible with the P-M zone through the issuance of a Conditional Use Perniit. 21.34.020 Table A of Section 21.34.020 (P-M, Planned Industrial Zone, Permitted Uses) is proposed to be amended as follows: Table A Permitted Uses In the table, below, subject to all applicable permitting and development requirements of the municipal code: "P" indicates use is permitted. (See note 2 below) "CUP" indicates use is permitted with approval of a conditional use permit. (See note 2 below) 1 = Administrative hearing process Minor Conditional Use Permit (Process One), pursuant to Chapter 21.42 of this title. 2 = Planning commission hearing process Conditional Use Pemiit (Process Two), pursuant to Chapter 21.42 of this title. 3 = City council hearing process Conditional Use Pemiit (Process Three), pursuant to Chapter 21.42 ofthis title. "Acc" indicates use is permitted as an accessory use. Use P CUP Acc Accessory uses and stmctures where related and incidental to a permitted use X Accountants (see note 1 below) X Administrative offices associated with and accessory to a permitted use X Administrative offices (see note 1 below) X Adult businesses (subject to Chapter 21.43 of this title and Chapter 8.60 of CMC Title 8) X Advertising agencies (see note 1 below) X Advertising - direct mail (see note 1 below) X 40 1. 'J I ATTACHMENT 7 Use P CUP Acc Agricultural consultants (see note 1 below) X Air courier service (see note 1 below) X Airline offices, general offices (see note 1 below) X Airports 3 Alcoholic treatment centers 2 Answering bureaus (see note 1 below) X Appraisers (see note 1 below) X Aquaculture (defined:- Section 21.04.036) 31 Aquaculture stmids (displav/sale)(subiect to Section 1 21.42.140(B)(10)) Arbitrators (see note 1 below) X Architect design and planners (see note 1 below) X Athletic clubs, gymnasiums, health clubs, and physical conditioning businesses 31 Attomey services (no legal clinics)-(see note 1 below) X Attorney services (see note 1 below) Audio-visual services (see note 1 below) X Auto storage/ impound ymds (i.e., ovemight product storage) 2 Auto wrecking ymds (defined:- Section 21.04.040) 2 Banks and other financial institutions without drive-thm facilities X Billing service (see note 1 below) X Biological habitat preserve (subject to Section 21.42.140(B)(30)) (defined:- Section 21.04.048) 2 Blueprinters (see note 1 below) X Book printing and publishing X Bookbinding X Bookkeeping service (see note 1 below) X Breweries (see "Retail uses" for allowable area for tasting/sampling 1 rooms, etc.) Building designers (see note 1 below) X Building inspection service (see note 1 below) X Burglm alarm systems (see note 1 below) X Business consultants (see note 1 below) X Business offices for professional and labor organizations (see note 1 below) X Campsites (overnight) (subject to Section 21.42.1^0(B)(40)) 3 Cemeteries Child day care center (subject to Chapter 21.83)-(defined:- Section 21.04.086) 2 Churches, synagogues, temples, convents, monasteries, and other places of worship 2 Civil engineers (see note 1 below) X Clubs - nonprofit, business, civic, professional, etc. (defined: 1 Section 21.04.090) Collection agencies (see note 1 below) X Columbariums, crematories, and mausoleums (not within a 2 cemetery) Commercial artists (see note 1 below) X Commodity brokers (see note 1 below) X Communications consultants (see note 1 below) X Computer programmers (see note 1 below) X Computer service (time-sharing) X 41 ATTACHMENT 7 Use P CUP Acc Computer systems (see note 1 below) X Constmction manager (see note 1 below) X Corporate headquarters office (see note 1 below) X Corporate travel agencies and bureaus (see note 1 below) X Credit rating service (see note 1 below) X Data communication service (see note 1 below) X Data processing service (see note 1 below) X Data systems consultants (see note 1 below) X Delicatessen (defined:- Section 21.04.106) X 4- Diamond and gold brokers (see note 1 below) X Display designers (see note 1 below) X Display services (see note 1 below) X Drafting services (see note 1 below) X Drive-thm facilities (net-excluding restaurants) 31 Economics resemch (see note 1 below) X Educational consultants (see note 1 below) X Educational facilities, other (defined: Section 21.04.137) 1 Educational institutions or schools, public/private (defined:- Section 21.04.140) 2 Educational resemch (see note 1 below) X Electric contractors (sales and administrative offices only)-(see note 1 below) X Electronics consultants (see note 1 below) X Emergency Shelter, no more than 30 beds or persons (subject to Section 21.32.070)(defined: Section 21.04.140.5) X Emergency Shelter, more than 30 beds or persons (subject to Section 21.32.070)(defined: Section 21.04.140.5) 3 Energy management consultants (see note 1 below) X Engineering offices (see note 1 below) X Environmental services (see note 1 below) X Escrow service (see note 1 below) X Estimators (see note 1 below) X Executive search office (see note 1 below) X Executive training consultants (see note 1 below) X Export consultants X Fairgrounds 3 Farmworker housing complex, small (subject to Section 21.10.125)(defined: Section 21.04.148.4) 1 Financial planners and consultants (see note 1 below) X Fire protection consultants (see note 1 below) X Foreclosure assistance (see note 1 below) X Foundation-educational research (see note 1 below) X Franchise services (see note 1 below) X Fund-raising counselors (see note 1 below) X Gas stations (subject to Section 21.42.140(B)(65)) 31 Gemologists (see note 1 below) X General contractors (no equipment storage permitted)-(see note 1 below) X Geophysicists (see note 1 below) X Golf courses Govemment contract consultants (see note 1 below) X 42 ATTACHMENT 7 Use P CUP Acc Govemment facilities and offices X Govemmental agencies (general and administrative offices only) (see note 1 below) X Graphics designers (see note 1 below) X Greenhouses >2,000 square feet (subject to Section 21.42.140(B)(70)) 1 Hazmdous waste facility (subject to Section 21.42.140(B)(75)) (defined:- Section 21.04.167) 3 Hospitals (defined:- Section 21.04.170) 2 Hospitals (mental)-(defined:- Section 21.04.175) 2 Hotels and motels (subject to Section 21.42.140(B)(80)) 31 Human factors resemch and development (see note 1 below) X Human services organization (administrative offices only)-(see note 1 below) X Importers (see note 1 below) X Incorporating agency (see note 1 below) X Industrial medical (workers' comp.)-(see note 1 below) X Information bureaus (see note 1 below) X Insurance companies (administrative offices only)—(see note 1 below) X Interior decorators and designers (no merchandise storage pemiitted)-(see note 1 below) X Investigators (see note 1 below) X Investment advisory (see note 1 below) X Investment securities X Kennels (defined: Section 21.04.195) 31 Labor relations consultants (see note 1 below) X Leasing services (see note 1 below) X Lecture bureaus (see note 1 below) X Literary agents (see note 1 below) X Magazine subscription agents (see note 1 below) X Mailing list service (see note 1 below) X Management consultants (see note 1 below) X Manufacturers agents (see note 1 below) X Manufacturing and processing facilities X Mmketing resemch and analysis (see note 1 below) X Message receiving services (see note 1 below) X Mini-warehouses/self storage 2 Mobile buildings (subject to Section 21.42.140(B)(90))-(defined: Section 21.04.265) 31 Mutual funds (see note 1 below) X Newspaper/periodical printing and publishing X 3 Oil and gas facilities (on-shore)—(subject to Section 21.42.140(B)(95)) 3 On-site recreational facilities intended for the use of employees of the planned industrial zone X Outdoor dining (incidental)(subject to Section 21.26.013)(defined: X Section 21.04.290.1) X Packing/sorting sheds >600 squme feet (subject to Section 21.42.140(B)(70)) 1 Parking facilities (primary use)—(i.e., day use, short-term, non- storage) 1 43 L"'|0 ATTACHMENT 7 Use P CUP Acc Patent semchers (see note 1 below) X Pension and profit sharing plans (see note 1 below) X Personal service bureau (see note 1 below) X Photographic (industrial and commercial only) (see note 1 below) X Printing services (see note 1 below) X Product development and mmketing (see note 1 below) X Public meeting halls, exhibit halls, and museums 1 Public relations services (see note 1 below) X Public utility companies (see note 1 below) X Public/quasi-public buildings and facilities and accessory utility buildings/facilities (defined:- Section^- 21.04.297) 2 Publicity services (see note 1 below) X Publishers representatives (see note 1 below) X Racetracks 2 Radio communications (see note 1 below) X Radio/television/microwave/broadcast tower 2 Real estate brokers (commercial and industrial only)-(see note 1 below) X Real estate developers (see note 1 below) X Recording service (see note 1 below) X Recreation facilities 31 Recreational vehicle storage (subject to Section 21.42.140(B)(120)) (defined:- Section 21.04.299) 1 Recycling collection facilities. Imge (subject to Chapter 2 21.105)(defined: 21.105.015) 2 Recycling collection facilities, small (subject to Chapter 21.105-ef this title)-(defined:- Section 21.105.015) 1 Recychng collection facilities, large (subject to Chapter 21.105 of this title) (defined: Section 21.105.015) 3 Recycling process/-transfer facility 2 Relocation service (see note 1 below) X Repossessing service (see note 1 below) X Resemch and testing facilities X Resemch labs (see note 1 below) X Residential uses in the P-M zone (subject to Section 21.42.140(B)(135)) 3 Restaurants (bona fide public eating establishment} —^(defined: Section 21.04.056) 31 Retail, accessory use, including tasting/sampling rooms. 1 showrooms, miscellaneous retail, up to 20%. of the gross floor area 1 of the building or suite (as applicable) or 2.000 square feet. 1 whichever is less (see note 3 below) 1 Retail-«s<», primmy use (see note 4 below) 2 Retirement planning consultants (see note 1 below) X Safety consultants (see note 1 below) X Sales training and counseling (see note 1 below) X Satellite antennae (>1 per use)-(defined:- Section 21.04.302) 1 Satellite television antennae (subiect to Sections 21.53.130 through 21.53.150)(defined: 21.04.302) * X Searchers of records (see note 1 below) X Securities systems (see note 1 below) X Security firms (see note 1 below) X 44 ATTACHMENT 7 Use P CUP Acc Signs (subject to Chapter 21.41) X Sound system consultants (see note 1 below) X Space planning consultants (see note 1 below) X Space resemch and developments (see note 1 below) X Stadiums 3 Stock and bond brokers (see note 1 below) X Storage, wholesale, and distribution facilities X Surveyors (see note 1 below) X Tax service and consultants (no consumer oriented uses) (see note 1 below) X Telephone cable companies (see note 1 below) X Telephone systems (see note 1 below) X Title companies (see note 1 below) X Tour operators (see note 1 below) X Trademmk consultants (see note 1 below) X Transit passenger terminals (bus and train) 2 Translators and interpreters (see note 1 below) X Tmst companies (see note 1 below) X Veterinary clinicZ-animal hospital (small animals)-(defined:- Section 21.04.378) 1 Windmills (exceeding height limit of zone)-(subject to Section 21.42.140(B)(160)) 2 Wireless communications facilities (subject to Section 21.42.140(B)(165))-(defined:- Section 21.04.379) 1/2 Zoos (private) (subject to Section 21.42.140(B)(170)) (defined: Section21.01100) 3 Notes: 1. Business and professional offices which me primarily not retail in nature, do not cater to the general public, and do not generate walk in or drive in traffic, and me incidental to compatible with the industrial uses in the vicinity. 2. Any use meeting the definition of an entertainment establishment, as defined in Section 8.09.020 of the Cmlsbad Municipal Code (CMC), shall be subject to the requirements of CMC Chapter 8.09. 3. The retail use shall be accessory to the permitted primarv use and wholly contained within the building. All products for retail sale shall be produced, distributed, and/or wmehoused on the premises. No outdoor display of merchandise or retail sales shall be permitted unless customarily conducted in the open. Parking for the accessory retail use shall be determined based on the parking requirement for the primarv use pursuant to CMC Chapter 21.44. 4. The primary retail use shall cater to or support the industrial and office uses in the P-M zone. 45 ATTACHMENT 7 AMENDMENTS TO CHAPTER 21.36 21.36.020 Table A of Section 21.36.020 (P-U, Public Utility zone. Permitted Uses) is proposed to be amended as follows: Table A Pemiitted 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 pemiitted with approval of a conditional use permit. (See note 1 below) 1 = Administrative heming process Minor Conditional Use Permit (Process One), pursuant to Chapter 21.42 of this title. 2 = Planning commission hearing process Conditional Use Permit (Process Two), pursuant to Chapter 21.42 of this title. 3 - City council hearing process Conditional Use Pemiit (Process Three), pursuant to Chapter 21.42 ofthis title. "Acc" indicates use is permitted as an accessory use. Use P CUP Acc Accessory uses and stmctures X Airports 3 Alcoholic treatment centers 3 Aquaculture (defined: Section 21.04.036) 31 Aquaculture stands (display/sale)—(subject to Section 21.42.140(B)(10)) 31 Biological habitat preserve (subject to Section 21.42.140(B)(30)) (defined: Section 21.04.048) 2 Campsites (ovemight) (subject to Section 21;42.140(B)(4Q)) Cemeteries 2 V_^'U1U111L*U11U.I11&, C1C111UILU1C&, tlUU lliUU?3UlCUlll!5 \^llUt Wlllllll U cemetery) 2 Crop production X Energy transmission facilities, including rights-of-way and pressure control or booster stations for gasoline, electricity, natural gas, synthetic natural gas, oil or other forms of energy sources X Fairgrounds 3 Farmworker housing complex, small (subject to Section 21.10.125)(defined: Section 21.04.148.4) X Floriculture X Generation of electrical energy, primary, by a govemment entity or by a company authorized or approved for such use by the Califomia Public Utilities Commission outside the City's Coastal Zone only X 46 ATTACHMENT 7 Use P CUP Acc Generation of electrical energy, accessory, by a govemment entity or by a company authorized or approved for such use by the Califomia Public Utilities Commission in or outside the City's Coastal Zone and limited to a generating capacity of fewer than 50 megawatts. Generating capacity of 50 megawatts or more is prohibited in the Coastal Zone X Golf courses 3 Govemmental maintenance and service facilities X Greenhouses (2,000 square feet maximum) X Greenhouses >2,000 square feet (subject to Section 21.42.140(B)(70)) 1 Hazardous waste facility (subject to Section 21.42.140(B)(75)) (defined: Section 21.04.167) 3 Hospitals (defined: Section 21.04.170) 3 Hospitals (mental) (defined: Section 21.04.175) 3 Mobile buildings (subject to Section 21.42.140(B)(90))-(defined: Section 21.04.265) 31 Nursery crop production X Packing/sorting sheds >600 squme feet (subject to Section 21.42.140(B)(70)) 1 Pasture and range land X Petroleum products pipeline booster stations Processing, using and storage of: (a) natural gas, (b) liquid natural gas, (c) domestic and agricultural water supplies; X Public utility district maintenance, storage and operating facilities X Radio/television/microwave/broadcast station/tower 2 Recreation facilities 3 Recreational facilities (public or private, passive or active) X Recycling collection facilities, large (subject to Chapter 21.105-ef this-titie)-(defined: Section 21.105.015) 2 Recycling collection facilities, small (subject to Chapter 21.105-ef this title) (defined: Section 21.105.015) 1 Recycling process/transfer facility 2 Satellite television antennae (subject to the provisions of Sections 21.53.130 through 21.53.150 of this code)(defined: 21.04.302) X Signs; (subject to the provisions of Chapter 21.41} X Stadiums 3 Transit passenger terminals (bus and train) 2 Transmission of electrical energy if conducted by a govemment entity or by a company authorized or approved for such use by the Califomia Public Trades Commission X Tree farms X Tmck farms X Using and storage of fuel oils X Wastewater treatment, disposal or reclamation facilities X Windmills (exceeding height limit of zone)-(subject to Section 21.42.140(B)(160)) 2 Wireless communications facilities (subject to Section 21.42.140(B)(165))-(defined: Section 21.04.379) 1/2 Tnn'^ <'r^ri^'ntr•\ f'^uhinnt tn ^prtinn ^1 4'^ lilOfRVITnYi ({iffined' 3 Section 21.04.400) 3 47 ATTACHMENT 7 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. 48 \i \ ATTACHMENT 7 AMENDMENTS TO CHAPTER 21.37 21.37.020 The legend ofTable A of Section 21.37.020 (RMHP, Residential Mobile Home Pmk Zone, Permitted Uses) is proposed to be amended as follows: Table A Permitted Uses In the table, below, subject to all applicable permitting and development requirements of the municipal code: "P" indicates use is permitted. (See note 4 below) "CUP" indicates use is permitted with approval of a conditional use pemiit. (See note 4 below) 1 = Administrative homing process Minor Conditional Use Permit (Process One), pursuant to Chapter 21.42 of this tide. 2 = Planning commission hearing process Conditional Use Permit (Process Two), pursuant to Chapter 21.42 of this tide. 3 = Citv council hearing process Conditional Use Permit (Process Three), pursuant to Chapter 21.42 ofthis title. "Acc" indicates use is permitted as an accessory use. 49 ATTACHMENT 7 AMENDMENTS TO CHAPTER 21.39 21.39.020 Table A of Section 21.39.020 (L-C, Limited Control Zone, Permitted Uses) is proposed to be amended as follows: Table A Permitted Uses In the table, below, subject to all applicable permitting and development requirements of the municipal code: "P" indicates use is permitted. "CUP" indicates use is permitted with approval of a conditional use permit. 1 = Administrative hearing process Minor Conditional Use Permit (Process One), pursuant to Chapter 21.42 ofthis title. 2 = Planning commission hearing process Conditional Use Permit (Process Two), pursuant to Chapter 21.42 of this title. 3 = Citv council hearing process Conditional Use Permit (Process Three), pursuant to Chapter 21.42 ofthis title. "Acc" indicates use is pemiitted as an accessory use. Use P CUP Acc Accessory uses and stmctures (see note 4 below) X Animals and poultry - small (less than 25)-(see note-31 below) X Cattle, sheep, goats, and swine production (see note-32 below) X Crop production X Dwelling, single-family (fmm house) X Family day cme home (Imge and small)—(defined: Section 21.04.147)(subiect to Chapter 21.83 of this title) X Family day care home (small)(defined: Section 21.04.148) X (subiect to Chapter 21.83) X Fmmworker housing complex, small (subject to Section 21.10.125)(defined: Section 21.04.148.4) X Floriculture X Greenhouses, less than (2,000 squme feet maximum) X Guest house X Horses, private use X Mobile home (see note 5 below) X Nursery crop production X Other uses or enterprises similm to the above customarily carried on in the field of agriculture X Produce/flower stands for display and sale of products produced on the same premises (see note 34 below) X Satellite television antennae (subject to Sections 21.53.130 X through 21.53.150)(defined: 21.04.302) X Signs (subiect to Chapter 21.41) X Tree farms X Tmck fmms X 50 ATTACHMENT 7 Use P CUP Acc Wildlife refuge X Notes: 1. 5. Small animals and poultry: Provided that not more than twenty-five of any one or combination thereof shall be kept within seventy-five feet of any habitable stmcture, nor shall they be located within three hundred feet of habitable stmcture on an adjoining parcel zoned for residential uses, nor shall they be located within one hundred feet of a pmcel zoned for residential uses when a habitable stmcture is not involved. In any event, the distance from the pmcel zoned for residential uses shall be the greater of the distances so indicated. Cattle, sheep, goats, and swine production: Provided that the number of any one or combination of said animals shall not exceed one animal per half acre of lot area. Said animals shall not be located within seventy-five feet of any habitable stmcture, nor shall they be located within three hundred feet of a habitable stmcture on an adjoining pmcel zoned for residential uses, nor shall they be located within one hundred feet of a pmcel zoned for residential uses when a habitable stmcture is not involved. In any event, the distance from the pmcel zoned for residential uses shall be the greater of the distances so indicated. Produce/flower stands: Provided that the floor mea shall not exceed two hundred squme feet and is located not nemer than twenty feet to any street or highway. Accessory uses/stmcturesi ilnclude^ but me not limited to^T private garages, children's playhouses, radio and television receiving antennas, windmills, silos, tank houses, shops, bams, offices, coops, lath houses, stables, pens, conals, and other similm accessory uses and stmctures required for the conduct of the permitted uses. Mobile home: Certified under the National Mobile Home Constmction and Safety Standmds Act of 1974 (42 U.S.C. Section 5401 et seq.) on a foundation system pursuant to Section 18551 ofthe State Health and Safety Code. 51 u ATTACHMENT 7 AMENDMENTS TO CHAPTER 21.42 21.42.140.B.80(a) Section 21.42.140.B.80(a) (Minor Conditional Use Permits and Conditional Use Permits, Development standards and special regulations, "Hotel and motel uses") is proposed to be amended as follows: a. The application for a conditional uso permit shall include the submittal of an mchitectural theme, colored elevations and a site plan. 21.42.140JB.90(b) Section 21.42.140.B.90(b) (Minor Conditional Use Permits and Conditional Use Permits, Development standards and special regulations, "Mobile Buildings") is proposed to be amended as follows: b. The occupancy shall be limited to a five-year term, unless extended by the planning commission.appropriate decision-maker. 52 ATTACHMENT 7 AMENDMENTS TO CHAPTER 21.53 21.53.140(e)(3)(A) Section 21.53.140(e)(3)(A) (Uses Generally, Satellite television antenna- Generally) is proposed to be amended as follows: (A) In the PM, CM and M zones, more than one satellite antenna per use may be permitted with a minor conditional use permit. Installation of said antennae shall comply with subsections 21.53.130(e)(1) and 21.53.130(e)(2) hsted above. 53 ATTACHMENT 7 AMENDMENTS TO CHAPTER 21.208 21J08 The list of sections in Chapter 21.208 (Commercial/Visitor-Serving Overlay Zone) is proposed to be amended as follows: Sections: 21.208.010 Intent and purpose. 21.208.020 Definitions. 21.208.030 Boundaries—Exceptions—^Applicability. 21.208.040 Pemiitted uses. 21.208.050 Uses permitted by conditional use permit. 21.208.060 Prohibited uses. 21.208.070 Approval processDecision-making authority. 21.208.080 Preliminary review-fiMng submittal and meeting—^Application for GUPconditional use permit. 21.208.090 Project site notification. 21.208.100 Development standards. 21.208.110 Required findings. 21.208.120 Performance monitoring condition. 21.208.130 Existing uses, building pemiits and business licenses. 21.208.140 Administrative enforcement powers. 21.208.150 Administrative notice, hearing, and appeal procedures. 21.208.160 Judicial enforcement. 21.208.170 Remedies not exclusive. 21.208.180 Severability. 21.208.010 Section 21.208.010 (Commercial/Visitor-Serving Overlay Zone, Intent and purpose) is proposed to be amended as follows: 21.208.010 Intent and purpose. The intent and purpose of the commercial/visitor-serving overlay zone is to supplement the underlying zoning by providing additional regulations for commercial/visitor-serving uses which require a conditional use permit in the underlying zone. The overlay zone is intended and designed to: A. Control the location, operation and appemance of newly proposed commercial/visitor-serving uses within the overlay zone to prevent the over-proliferation of certain uses as well as to ensure high quality appemance and operation; B. Maximize public disclosure about new commercial/visitor-serving use proposals located within the overlay zone; C. Design compatibility, vehiculm circulation and shuttle bus/altemative transportation options into commercial/visitor-serving uses within the overlay zone; D. Provide for the review of building materials and colors and establish mchitectural criteria that discourages the use of corporate, standmdized building forms, materials and styles; E. Formalize the use of conditional use permits for all commercial/visitor-serving uses within the overlay zone and emphasize the aspects of performance monitoring and enforcement; ¥7 E.stablish the city council as the final decision maker for commercial/visitor serving uses in the overlay zone; 54 ATTACHMENT 7 GF. Require commercial/visitor-serving conditional uses as listed in the Planned Industrial (P-M) Chapter of this title for underlying P-M zoned properties within the overlay zone to be subject to the conditional use pemiit requirements and provisions of this chapter, except that such uses shall be consistent with the intent and purpose of the P-M zone whose primary purpose is not to cater directly to the general public, and allows certain commercial uses which cater to, and are ancillary to the uses allow^ed in the P M zone; and G. Establish procedures in the overlay zone to provide for effective code enforcement. 21.208.040 Section 21.208.040 (Commercial/Visitor-Serving Overlay Zone, Permitted uses) is proposed to be amended as follows: 21.208.040 Permitted uses. Commercial/visitor serving uses are permitted usos , in the overlay zone, if they meet the requirements of this chapter. The only pPermitted uses in the overlay zone which me not subject to the provisions of this chapter me the residential, industrial and officecommercial/visitor-serving uses authorized as pemiitted uses by tho zoning of the underlying zone, which are not subject to tho provisions of this chapter. Those uses shall be developed subject to the development standmds £ind entitlement process required by their underlying zoning. In addition, a roadside stand for the display and sale of products produced on the same premises is an allowed a permitted use provided that the floor mea shall not exceed two hundred square feet and is located a minimum of twenty feet from any street, highway or city right-of-way. 21.208.050 Section 21.208.050 (Commercial/Visitor-Serving Overlay Zone, Uses permitted by a conditional use pemiit) is proposed to be amended as follows: 21.208.050 Uses pemiitted by a conditional use pemiit. Commercial/visitor-serving uses which require a conditional use permit in the underlying zone may be pemiitted within the overlay zone by approval of a conditional use permit pursuant to this chapter, excluding outdoor dining (incidental), which is subject to an administrative permit pursuant to Section 21.26.013 of this title. Conditional uses otherwise allowed by the underlying zoning designations; within the overlay zone_r-tthat me not commercial/visitor-serving uses, me not subject to this chapter. Where the underlying zoning authorizes conditionally approved permitted uses (other than commercial/visitor-serving uses)^ Chapter 21.42, not this chapter, shall applyies. 21.208.060 Section 21.208.060 (Commercial/Visitor-Serving Overlay Zone, Prohibited uses) is proposed to be amended as follows: 21.208.060 Prohibited uses. Notwithstanding any underlying zoning provision, the following uses me prohibited in the overlay zone: A. Stand-alone liquor stores where the retail sale of liquor and/or alcoholic beverages is the primary form of business; B. The outdoor storage or display of merchandise, goods or services for sale; and C. Except as authorized pursuant to Chapter 8.17 and/or 8.32 of this code, or a conditional use permit issued pursuant to this chapter, no person shall sell or offer to sell goods, 55 ATTACHMENT 7 merchandise or services from, or by means of, any temporary display, vehicle, platform, wagon or pushcart upon any public street, privately owned property, public parking lot, city right-of-way or sidewalk within the overlay zone; and^ 21J208.070 Section 21.208.070 (Commercial/Visitor-Serving Overlay Zone, Approval process) is proposed to be amended as follows: 21.208.070 Approval proccssDecision-maktng authoritv. The decision-making authority for all conditionally-permitted commercial/visitor-serving uses shall be detemiined by the underlying zone. Notwithstanding Section 21.54.040, the city council may approve, conditionally approve or disapprove a conditional use permit within thc overlay zone after thc planning commission has considered the application and made a recommendation to the council pursuant to Chapter 21.54 and the special procedures added by this chapter. Tho conditional use permit may be approved for a limited period of time, and shall bo subject to monitoring and enforcement pursuant to this chapter. 21.208.080 Section 21.208.080 (Commercial/Visitor-Serving Overlay Zone, Pre-filing submittal and meeting— Application for conditional use pemiit) is proposed to be amended as follows: 21.208.080 Pre filingPreliminarv review submittal and meeting—Application for CUPconditional use permit. A. If it is determined that a conditional use permit is required for a commercial/visitor- serving use within the overlay zone, Pprior to filing an application for a conditional use permitfef-a commercial/visitor serving uso within the overlay zone, the applicant shall malce a pre filing project submittalsubmit an application for a preliminarv review —and ^?en—subsequently attend a pfe- fifetgpreliminary review meeting. 1. Pre FilingPreliminarv review sSubmittal. The applicant shall file a written pre filing submittal preliminary review application and shall follow the submittal requirements in accordance with the planning department's division's preliminmy review process accompanied by the applicable fee therefor, as established by the city council by resolution. The submittal shall demonstrate compliance with this chapter, including the proposal of an architectural style as required by Section 21.208.100(F). 2. Pre FilingPreliminarv review raMeeting. Within thirty days of the applicant's pro filingpreliminary review submittal, the enforcement officialCitv Planner shall respond with a written city response letter, thoroughly analyzing the proposal, establishing issues for resolution, and setting a time, date and place to conduct a pre filing meetingpreliminary review meeting wherein the owner and/or agent, staff planner and staff engineer would attend to discuss any outstanding issues or questions, subject to the following: a) Required attendance: applicant or applicant's agent, staff planner and staff engineer; b) Optional attendance: city manager or designated representative, any designated rcpresentarivo from a city departmont or division with an interest in, or concern with, the proposed commercial/visitor serving development. 3. Primary purpose: discuss the city response letter, identify issues to be resolved and establish final application requirements. B. Good faith participation in the pro filingpreliminary review meetingr is necessary for the submittal of a formal conditional use permit application. 56 ATTACHMENT 7 C. Upon completion of the pro filingpreliminary review- submittal and meeting, the apphcant may file a formal application for a CUP-conditional use permit pursuant to Chapters 21.50 and 21.5421.42. The application shall be accompanied by application(s) for any other required discretionary entitlement for the project (including, but not limited to, a coastal development permit). Application for, and approval of, a €UP-conditional use permit pursuant to this chapter shall satisfy all requirements for a site development plan for the project if such is required by the underlying zoning. If not otherwise required, in addition to the application requirements for a conditional use permit (including special requirements in this chapter) formal conditional use permit application exhibits subject to this chapter shall show the following: 1. All State and Uniform Building Code requirements for disabled pmking spaces and related pathways; 2. All proposed rooftop equipment, mechanical enclosures and any Uniform Building Code requirements relating to rooftop access, ladders or other rooftop stmctural features. 21.208.100(A)(2b) Section 21.208.100.A.2b (Commercial/Visitor-Serving Overlay Zone, Development standmds. Time Shme Projects) is proposed to be amended as follows: 21.208.100(A)(2b) Development standards. b. An interim parking/unit mmketing plan which will address the initial sales efforts to sell time shme units and the corresponding need to provide additional interim pmking while sales are ongoing. Unless otherwise specified in the underlying zone. ¥the interim pmking/unit marketing plan shall be approved bv the applicable decision-making authority the city council as one of the approving project exhibits and shall indicate where interim pmking is to be provided, the amount of spaces involved, adequate screening and landscaping, and the conversion or integration of the interim parking site into the overall time shme project. 21.208.100(F)(2) and 21.208.100(F)(3) Sections 21.208.100.F.2 and 21.208.100.F.3 (Commercial/Visitor-Serving Overlay Zone, Development Standards, Architectural Style) are proposed to be amended as follows: 2. Contemporary SouthwestSpmiish/Mediterranean Architectural Style. This style involves the use of Spanish/mission style clay roof tiles on a rectangular building form, white stucco walls, mches and arched doorways with wooden beams, low pitched roofs, multi-paned windows and the use of glazed/decorative tiles and tile paving. 3. Altemative Architectural Styles. An altemative architectural style may be proposed on a conditional use pemiit application if it is specifically supported by the enforcement official at the conclusion of the pre filingpreliminary review^ procedures outlined in Section 21.208.080. This altemative mchitectural style may accommodate a reasonable version of a user's corporate mchitectural style, provided the corporate mchitectural elements do not dominate the building design so as to create incompatibility in the mea; or detract from the overlay zone's objective of ensuring high quality appearances for commercial/visitor-serving uses. Final approval of tho proposed alternative architectural stylo is by the city council as part of thc conditional uso permit review'. 21.208.100(H)(2) Section 21.208.100(H)(2)( Commercial/Visitor-Serving Overlay Zone, Use separation standmds, Motels/Hotels) is proposed to be deleted as follows: 57 ATTACHMENT 7 2-. Commercial/visitor serving motel and hotel uses shall—maintain a minimum sepmation of six hundred feet; business hotels or motels located on P M zoned property serving the adjacent industrial office mea, and not the general public, are not subject to thc separation standm'd. Use sepmation standards shall bo measured from proposed building edge to existing, or approved, building edge.—Separation distmices shall be measured at points of closest proximity to reveal minimum separation involved. Individual motel or hotel buildings that comprise one motel or hotel use are not subject to tho six hundred foot separation standard. For project sites of six acres and larger: Up to two motels or hotels may be located onsite provided that a minimum setback of two hundred feet shall be provided from any public street(s) adjacent to tho project site; and the two motel or hotel uses/structures havo a minimum separation of one hundred fifty feot.—All motel/hotel structures, regardless of project sito acreage, shall maintain a minimum sepm-ation of six hundred feet from any residentially zoned property line. 21.208.110(D) Section 21.208.110(D)( Commercial/Visitor-Serving Overlay Zone, Required findings) is proposed to be amended as follows: D. For gas stations, motel, hotel or restaurant uses on a planned industrial zoned property: That the proposed use is commercial in nature and therefore subject to the overlay zone;; however, the proposed use shall be4s consistent with the intent and purpose of the P-M zone whose primary purpose is not to cater directly to the general public, and allows certain commercial uses which cater to, and are ancillary to the uses allowed in thc P M zone,^ 21.208.130 Section 21.208.130(Commercial/Visitor-Serving Overlay Zone, Existing uses, building permits and business licenses) is proposed to be amended as follows: For existing uses that propose a change in use, apply for a building perniit or apply for a new business license, the provisions of this chapter shall not apply provided that all of the following criteria are met: the proposal is consistent with the uses allowed by the site development plan or specific plan, if any, applicable to the subject site; the proposal does not invoke a higher parking standmd pursuant to Section 21.208.100(A) of this chapter; and, the proposal does not involve an increase of greater than two hundred square feet to existing squme footage. For such proposals, the additional two hundred squme feet of mea shall be parked subject to the parking standmds of this chapter. Existing stmctures that propose demolition and redevelopment may be re- built to the same squme footage as allowed by a valid entitlement prior to the effective date of the ordinance codified in this chapter, or up to an additional two hundred squme feet, without being subject to the requirements of this chapter, provided there is no increase in the degree of nonconformity with regards to building setbacks, parking or signage. If a higher pmking standmd, or more than two hundred squme feet of increased squme footage is involved for commercial/visitor- serving uses which require a conditional use permit in the underlying zone, the new, or intensified, portion of the existing use shall be subject to all of the procedures, standards and conditional use permit requirements of this chaptcrthe approval of a minor conditional use permit consistent with the standards of this chapter. Existing sign programs and related sign permits are not subject to the provisions of this overlay zone, except that if any existing use proposes an amendment to its existing, approved sign program to increase overall signage allowance, or to increase or alter approved sign locations, then the entire sign program including existing signs shall be subject to the sign standards of Section 21.208.100 (B) of this chapter pursuant to the normal processing of such sign program amendment. 58 ATTACHMENT 7 AMENDMENTS TO CHAPTER 21.209 21.209.040 The legend of Table A of Section 21.209.040 (CR-A/OS, Cannon Road-Agricultural/Open Space Zone, Permitted Uses) is proposed to be amended as follows: Table A Permitted Uses In the table, below, subject to all applicable permitting and development requirements of the municipal code: "P" indicates use is permitted. "CUP" indicates use is permitted with approval of a conditional use permit. 1 = Administrative homing process Minor Conditional Use Permit (Process One), pursuant to Chapter 21.42 ofthis title. 3 = Planning commission hearing process Condirional Use Permit (Process Two), pursuant to Chapter 21.42 ofthis title. 3 = Citv council hearing process Conditional Use Permit (Process Three), pursuant to Chapter 21.42 ofthis title. "Acc" indicates use is pemiitted as an accessory use. 59 ATTACHMENT 8 GPA 11-05 CUP CODE AMENDMENTS STRIKE-OUT/UNDERLINE AMENDMENTS TO GENERAL PLAN LAND USE ELEMENT Section HI, Goals, Objectives and Implementing Polides and Action Programs COMMUNITY FACILITIES The goal of the Community Facilities Land Use classification is proposed to be amended as follows: A. GOAL A city which provides land for child daycme facilities, places of worship, educational institutions or schools, and other community service facilities. COMMUNITY FACILITIES Objective B.1 of the Community Facilities Land Use classification is proposed to be amended as follows: B. OBJECTIVE B.1 Require new and, as appropriate, existing master plan developments and residential specific plan developments to provide usable acres to be designated for community facilities such as daycme, worship, youth and senior citizen activities, educational institutions or schools, and other appropriate uses. COMMUNITY FACILITIES Implementing Policy and Action Program C.4 of the Community Facilities Land Use classification is proposed to be deleted as follows: C.4 Amend the City's Municipal Code to create a Community Facilities zone to identify those uses which will bo allowed in tho community facilities area and to establish development standards for community facility usos. INDUSTRIAL Implementing Policy and Action Program C.9 of the Industrial Land Use classification is proposed to be amended as follows: C.9 Allow' by conditional uso pormit.Include provisions in the Planned hidustrial (P-M) zone for ancillary commercial/retail, office, places of worship.an4 recreational uses, and other service uses when clearly oriented to support industrial developments mid their populations. Theese 1 \ r'-"" - ATTACHMENT 8 include, but me not limited to^ commercial/retail services which are accessory to the primary use, conference facilities, churches, daycme centers, recreation facilities, educational facilities, and short-term lodging. EXHIBIT 7 Planning Commission Minutes May 1,2013 Page 3 Chairperson Siekmann returned to the dais and asked Mr. Neu to introduce the next item. 3. CT 12-06/PUD 12-09 - VISTA LA COSTA CONDOS - Request for approval of a Tentative Tract Map and Planned Development Permit to convert a 19-unit multi-family residenfial apartment project to air-space condominium ownership on a 0.88-acre infill site generally located on the north side of Gibraltar Street, south of the La Costa Golf Course, between Jerez Court and Romeria Street, and in Local Facilities Management Zone 6. Mr. Neu stated Agenda Item 3 would normally be heard in a public hearing context; however, the project appears to be minor and roufine in nature with no outstanding issues and Staff recommends approval. He recommended that the public hearing be opened and closed, and that the Commission proceed with a vote as a consent item. Staff would be available to respond to questions if the Commission or someone from the public wished to pull Agenda Item 3. Chairperson Siekmann asked if any member of the audience wished to address Agenda Item 3. Seeing none, she opened and closed public testimony. MOTION ACTION: Mofion by Commissioner Black and duly seconded, that the Planning Commission approve Agenda Item 3. VOTE: 7-0 AYES: Chairperson Siekmann, Commissioner Black, Commissioner L'Heureux, Commissioner Montgomery, Commissioner Schumacher, Commissioner Scully and Commissioner Segall NOES: None ABSENT: None ABSTAIN: None Chairperson Siekmann closed the public hearing on Agenda Item 3 and asked Mr. Neu to introduce the next item. 1. GPA 11-05/ZCA 09-03/LCPA 09-02 - CUP CODE AMENDMENTS - A request for a recommendation of approval of a General Plan Amendment, Zone Code Amendment, and Local Coastal Program Amendment to simplify and streamline the development review process for conditional use permits in the nonresidential zones by reassigning the approval authority to the lowest appropriate decision-maker, to amend the text of the General Plan and Zoning Ordinance to provide greater flexibility for a variety of conditional uses In the nonresidential zones, and to amend the Commercial Visitor- Serving Overiay Zone to address minor miscellaneous amendments relafing to decision- making authority for conditional uses. Mr. Neu introduced Agenda Item 1 and stated Associate Planner Shannon Werneke would make the staff presentation. Chairperson Siekmann opened the public hearing on Agenda Item 1. Ms. Werneke gave a detailed presentation and stated she would be available to answer quesfions. Chairperson Siekmann asked if there were any quesfions of Staff. Commissioner Segall asked about the definifion of wild animals. Mr. Neu stated the city's code does not define wild animals, and it would defer to the state. Chairperson Siekmann asked If there were any further quesfions of Staff. Planning Commission Minutes May 1,2013 Page 4 Commissioner Black asked about warehousing. Ms. Wemeke stated warehousing could be the sole primary use. Commissioner Schumacher asked if there will be a conflict with any exisfing specific plans. Ms. Werneke stated that in general the specific plans defer to the underiying zone. Ms. Mobaldi stated the specific plan is an overlay over the zoning. The specific plan can be more prohibifive. Chairperson Siekmann asked if there were any further quesfions of Staff. Seeing none, she asked if there were any members of the audience who wished to speak on Agenda Item 1. Seeing none, Chairperson Siekmann opened and closed public tesfimony on the item. DISCUSSION Commissioner Schumacher stated that he feels his quesfions and concerns have been addressed. He feels the changes will streamline the process for the community. He can support the changes and he can support the project. Commissioner Segall proposed modificafions to Note 3 on page 34 of Exhibit Y to Planning Commission Resolufion No. 6961. The modificafions proposed by Commissioner Segall are as follows: The retail use shall be accessory to the permitted use and wholly contained within the building. All products for retail sale shall be designed, developed, assembled, produced, distributed, and/or warehoused manufactured on the premises, as part of that entity's core business. No outdoor display of merchandise or retail sales shall be permitted unless customarily conducted in the open. Parking for the accessory retail use shall be determined based on the parking requirement for the primary use pursuant to CMC Chapter 21.44. Commissioner Segall stated that he would like to see racetracks approved by the City Council. He also stated that daycare centers should be approved by the Planning Commission Commissioner L'Heureux agrees that there should be as many uses as possible pushed to an administrafive decision-making level. However he does not agree with racetracks, hotels/motels, theaters/amphitheaters, golf course, or daycare centers. He would like to have those at a different level. Commissioner Scully agrees with the proposed modificafions for the P-M zone. She agrees with the wording for Note 3 as proposed by staff as it provides more flexibility. Commissioner Scully stated she agrees that streamlining the process is a great idea. She stated she can support the project and would like to keep the staff wording for Note 3. Commissioner Montgomery stated he likes the proposed changes. He agrees with the flexibility of the City Planner having more authority. He does support some of the items as proposed by Commissioner Segall. Commissioner Montgomery disagrees with the proposed modificafions to Note 3 because of the unintended consequences. Commissioner Black stated he agrees with his fellow Commissioners and that he agrees with the wording as proposed by Commissioner Segall. Commissioner Black also commented that he would like to see "warehousing" taken out of Note 3. He further stated that he agrees with Commissioner Segall with items going to City Council. Chairperson Siekmann asked Ms. Werneke about the Intent of the word "warehouse." She stated "stored." Chairperson Siekmann asked about "distributed." Ms. Werneke stated it Is intended for items which are required to be delivered. Chairperson Siekmann stated that because many of the items are being pushed down she would like to Increase the radius to 600 feet for all nofices. She suggested the following items remain at the current decision making level: hotels/motels, theaters, gas stafions, pool halls, nightclubs and public meefing halts. With those changes, she stated she can support the project. Commissioner L'Heureux asked if there is a cost associated for a Council to appeal an item. Ms. Mobaldi stated yes there is a cost involved and pointed out that Council is in charge of the fees. Planning Commission Minutes May 1,2013 Page 5 Commissioner Montgomery suggested that the Commission decide what items move up to the Commission and let the Council decide further. Mr. Neu suggested that the Commission refer to Attachment No. 7 to the Staff Report in making any recommendations for changes. The Commission voted to handle first those items which were set to be administratively approved. Hotels/Motels (attachment 7. page 43) The Planning Commission voted 4-3 (Black, L'Heureux, Segall) to have hotels/motels remain at a Planning Commission level. Racetracks The Planning Commission voted 5-2 (Scully, Segall) to have racetracks remain at a Planning Commission level. Theaters (attachment 5. page 17. entrv 56) The Planning Commission voted 7-0 to have theaters to remain as a Planning Commission decision. Amphitheaters (attachment 7. page 19) The Planning Commission voted 4-3 (Montgomery, Scully, Schumacher) to have amphitheaters move from a Planning Commission level to a Council level decision. Athletic fields (attachment 7. page 15) The Planning Commission voted 4-3 (Montgomery, Scully, Segall) to have athlefic fields remain as a Planning Commission decision. Golf Courses The Planning Commission voted 6-1 (Montgomery) to have golf courses move from a Planning Commission level to a Council level decision. Chlldcare (page 13 of proposed ordinance) This issue was withdrawn by Commissioner Segall. Gas Stations (attachment 7. page 18) The Planning Commission voted 5-2 (Montgomery, Segall) to have gas stafions remain at a Planning Commission level. Pool Halls/Billiard Parlors (attachment 7. page 19) The Planning Commission voted 6-1 (Segall) to have pool halls/billiard pariors remain at a Planning Commission level. Nightclubs/Dance Clubs/etc (attachment 5. page 11) The Planning Commission voted 5-2 (Black, L'Heureux) to have nightclubs/dance clubs/etc. remain at a Planning Commission decision level. Pubiic Meeting Halls/Exhibit Halls/Museums (attachment 5. page 13) The Planning Commission voted 5-2 (Black, L'Heureux) to have public meefing halls/exhibit halls/museums remain at a Planning Commission level. Planning Commission Minutes May 1,2013 Page 6 Radius changes This issue was withdrawn by Chairperson Siekmann. Retain Staffs wording for Footnote 3. page 34. Exhibit "Y" The Planning Commission voted 4-3 (Black, Schumacher, Segall) to retain Staffs wording for Footnote 3. Wild animals Commissioner Segall stated he is in agreement with the city's current position regarding wild animals. MOTION ACTION: Motion by Commissioner Black and duly seconded, that the Planning Commission adopt Planning Commission Resolufions No. 6960, 6961 and 6962 recommending approval of GPA 11-05, ZCA 09-03, and LCPA 09-02 based on the findings contained therein including the errata sheet and the modifications as previously stated. VOTE: 7-0 AYES: Chairperson Siekmann, Commissioner Black, Commissioner L'Heureux, Commissioner Montgomery, Commissioner Schumacher, Commissioner Scully and Commissioner Segall NOES: None ABSENT: None ABSTAIN: None Chairperson Siekmann closed the public hearing on Agenda Item 1. RECESS Chairperson Siekmann called for a 5-minute recess at 7:55 p.m. MEETING CALLED TO ORDER Chairperson Siekmann called the meefing to order at 8:04 p.m. with all Commissioners present and asked Mr. Neu to introduce the next item. 4. CUP 12-13/SUP 12-02 - SDG&E STEEL POLE - Request for approval of a Conditional Use Permit and Special Use Permit to allow the installafion, operafion, and maintenance of an unmanned Wireless Communicafion Facility consisfing of three (3) panel antennas with associated equipment mounted to an exisfing SDG&E transmission pole and a 240 square foot above ground equipment shelter within the West Bluff North Homeowners Association property. The project site is generally located along the east side of El Camino Real between Poinsetfia Lane and Swallow Lane within an SDG&E utility easement and in Local Facilifies Management Zone 6. Mr. Neu introduced Agenda Item 4 and stated Assistant Planner Greg Fisher would make the staff presentation. Chairperson Siekmann opened the public hearing on Agenda Item 4. Mr. Fisher gave a brief presentation and stated he would be available to answer any quesfions. Chairperson Siekmann asked if there were any quesfions of Staff. 1 IP EXHIBIT 8 CITY OF ^ CARLSBAD Memorandum December 5,20i'2 To: John CoatesJnterlm CHv Manager From: Don Neu, City Planner Q[7( Via Gary Barberio, Community and Economic Development Dlrector^^^'^^ Re: Accessory Retail Uses in the Planned Industrial (P-M) Zone Background. The city's most predominant industrial zone, the Planned Industrial (P-M) zone, attracts a wide variety of corporate office tenants which engage In light industry, including manufacturing, research and development, testing, as well as warehousing. These uses are permitted by right within the P-M zone. A number of other uses which cater to uses allowed in the P-M zone, Including primary retail uses, are subject to the approval of a conditional use permit by the Planning Commission. The conditionally-permitted primary retail use must also be clearly oriented to support the industrial office developments or their populations. Currently, Chapter 21.34 (P-M zone) of the Carlsbad Municipal Code (CMC) does not Include a provision to allow for accessory retail uses. Nevertheless, a number of uses/companies within the P-M zone have a small retail component which Is ancillary to the primary manufacturing, research and development, testing and/or warehousing use on-site. The retail component of these uses Is associated with products that are researched, designed, manufactured, assembled, processed, marketed and/or warehoused on-site. Although the city has not received any formal code enforcement complaints regarding traffic or any other associateci nuisance, the fact remains that because some tenants have a retail component, the companies are technically in violation with the provisions of CMC Chapter 21.34, which specify that retail uses are only allowed as a primary use through a conditional use permit. Further, there have been a number of well-known, successful companies which have expressed a strong Interest iri locating their business in Carlsbad. However, due to the fact that the P-M zone does not allow for an ancillary retail use, the companies (i.e., Don Joy), decided to locate their business in neighboring cities such as Vista. Consequently, it has become clear to staff that limited accessory retail uses are an important component to the viability of the Industrial sector. Therefore, in order to legally allow for and encourage retention of existing companies with accessory retail, as well as attract new tenants, staff is recommending an amendment to the P-M zone to create two additional retail use categories in the land use matrix. The proposed language is Included as Attachment A. Community & Economic Development 1635 Faraday Ave. I Cartsbad, CA 92008 I 760-602-2710 I 760-602-8560 fax Interim City Manager December 5,2012 Accessory Retail Uses in P-M Zone Page 2 In summary, the first new category, "Retail, limited accessory use..." will allow for a limited amount of accessory retail space to be permitted by right (up to 10% or 1,000 square feet of the gross floor area, whichever Is less). The second category, "Retail, accessory use...," will allow for additional retail space above 10% or 1,000 square feet ofthe gross floor area, but not more than 20% or 2,000 square feet, whichever is less, with the approval of a Minor Conditional Use Permit. The requirement for a Minor Conditional Use Permit for a 2"** tier of accessory retail use will provide staff with the discretion to analyze the potential for Incompatibilities as well as to condition and monitor the use. The Minor Conditionai Use Permit will be subject to the approval of the City Planner and can be appealed to the Planning Commission. Retail tenants which exceed the 2"^ tier for accessory uses would still have the option to apply for a regular Conditional Use Permit which would be subject to the approval of the Planning Commission (i.e., current provision in P-M zone). Equally as important, in order to qualify as an accessory retail use in either of the newly proposed categories, the use would be required to be exclusively supportive of and secondary (I.e., accessory) to the primary Industrial and/or office use as well as wholly contained within the structure(s). Further, all products for retail sale will be required to be researched, designed, manufactured, assembled, processed, marketed and/or warehoused on-site. For reference, the above-described recommended changes are similar to a component ofthe amendment to the Carlsbad Research Center (CRC) Specific Plan recently approved by City Council (October, 2012). The CRC Specific Plan area Is zoned, C-M, Heavy Commercial. Specifically, the following provision was added to the CRC Specific Plan: Retail sales of goods or services directly associated with the manufacturing or processing of products as a primary permitted use on site are allowed by issuance of a minor CUP subject to the following restrictions: a. Up to 2,000 square feet or 10% of tenant space gross floor area, whichever is less, may be dedicated to retail sales. b. Additional parking shall be providedfor the retail area at the retail parking rate. The primary differences between the CRC Specific Plan retail provision and the proposed amendment is that city staff is proposing that a smaller component of accessory retail use be allowed by right (i.e., up to 10% or 1,000 square feet ofthe gross floor area, whichever is less) and retail sales would be permitted for products which are researched, designed, manufactured, assembled, processed, marketed and/or warehoused on-site. Further, because ofthe limited nature ofthe retail use, staff is proposing to park the retail use at the primary use parking rate, which is generally less intensive than a retail parking requirement. Pursuant to Attachment B, a number of surrounding jurisdictions allow for a minor accessory retail component by right when it is directly related to the primary use. A majority of the jurisdictions do not preclude warehousing as a primary use for accessory retail sales. Interim City Manager December 5,2012 Accessory Retail Uses in P-M Zone Page 3 Options: Several options exist for City Council consideration and include the following: 1. Retain current provisions for retail sales In the P-M zone, which allows for retail sales as a primary use with the approval of a conditional use permit by the Planning Commission. The permitted retail Use must be clearly oriented to support the industrial office developments or their populations. The current provision does not allow for any extent of accessory retail sales; 2. Permit limited accessory retail sales only when the sales are directly associated with goods manufactured, assembled, or processed on-site. This option would not allow accessory retail sales when warehousing is the primary use or when only research, design and/or marketing ofthe products is occurring on-site as the primary use; or 3. Permit limited accessory retail sales with no limitations to the primary light industrial use; primary use can be associated with products that are researched, designed, manufactured, assembled, processed, marketed and/or warehoused on-site, or any combination thereof, as long as the use falls within the list of permitted uses in the P-M zone (Attachment A reflects the implementation of Option 3). Recommendation: Staff recommends that City Council direct staff to implement Option 3 as it will allow the city to remain competitive with other north county jurisdictions. By strictly limiting the amount of accessory retail space (i.e., maximum allowable area of 2,000 square feet) and requiring that it be directly associated with the primary use, it is staffs opinion that the strong industrial and office sectors of the city will be preserved and, ultimately, enhanced as it may encourage additional companies to locate in Cartsbad. DN:SW:bd Attachments A. Proposed amendment to P-M zone for retail uses B. Jurisdictional comparison for allowance of accessory retail uses Interim City Manager December 5, 2012 Accessory Retail Uses in P-M Zone Page 4 ATTACHMENT A Proposed Accessory Retail Use Categories in P-M Zone Permitted bv right: Retail, limited accessory use. Including tasting/sampling rooms, showrooms, miscellaneous retail, up to 10% of gross floor area ofthe building or suite (as applicable) or 1,000 square feet, whichever is less (see note 3 below). Permitted with Minor Conditional Use Permit: Retali, accessory use. Including accessory tasting/sampling rooms, showrooms, miscellaneous retail, exceeding 10% but not more than 20% or 2,000 square feet, whichever is less, ofthe gross floor area ofthe building or suite (as appllcable)(see note 3 below). Proposed Footnote 3: The retail use shall be accessory to the permitted primary use and wholly contained within the building. All products for accessory retail sale shall be researched, designed, manufactured, assembled, processed, marketed and/or warehoused on-site, or any combination thereof. No outdoor display of merchandise or accessory retail sales shall be permitted unless customarily conducted in the open. Parking for the accessory retail use shall be determined based on the parking requirement for the primary use pursuant to CMC Chapter 21.44. Interim City Manager December 5, 2012 Accessory-Retail Uses in P-M Zone Page 5 ATTACHMENT B Jurisdictional Comparison Retail Uses in Industrial Zones 1 ^^^^^^^xt^^^^il^Mffi^iiil^jKi^dr^^^^^^^ Chula Vista Retail sales of products produced and manufactured on-site permitted as accessory use in industrial zones. Primary retail uses permitted through a Conditional Use Permit. Encinitas ** Retail sales (no limit) require a Minor Use Permit in industrial and business park zones; retail required to be parked separately. No limitations with respect to the primary industrial use; products sold can be warehoused on-site (i.e., no requirement for product to be manufactured on-site). Escondido 15% accessory retail sales allowed by right with condition that use is contained in main structure, occupies no more than 15% of the gross floor area, no outdoor retail sales or display of merchandise, and all products must be manufactured on the premises; retail sales in excess of 15% require a plot plan and area above 15% shall be parked separately. Oceanside ** Limited retail uses allowed in industrial zones; maximum of 5,000 square feet or 25% of business floor area, whichever is greater. No limitations with respect to the primary industrial use; products sold can be warehoused on-site (i.e., no requirement for product to be manufactured on-site). San Diego Sundries, pharmaceuticals, and convenience stores permitted in Light Industrial zone with limit of 1,000 square feet and 10% of gross floor area; apparel and accessories permitted in Industrial Park as long as items are manufactured on the premises, maximum of 25% of gross floor area can be used for retail sales and at least 75% of the area shall be used for manufacturing, warehousing or wholesale distribution of the products that are offered for sale; consumer goods, furniture, appliances, equipment permitted in Light Industrial zone as long as sales establishments occupy an area of at least 5,000 square feet in gross floor area unless the sales are of items that are manufactured on the premises. San Marcos ** Minor conditional use permit currently required for any retail use in industrial zones; code amendment underway which will permit up to 30,000 square feet of retail with administrative review and up to 10% of ancillary retail by right. No use restriction for primary use; can warehouse product as long as it is associated with the brand that is being sold on the premises. Soiana Beach ** Incidental retail limited to 25% of primary building gross fioor area, up to a maximum of 5,000 square feet; area parked at primary use rate. No limitations with respect to the primary industrial use; products sold can be warehoused on-site (i.e., no requirement for product to be manufactured on-site). Vista ** In light industrial zones, ancillary retail activities permitted which support primary use on-site, including light manufacturing and warehousing. No limit in area set forth in the industrial park zone; retail required to be parked separately. In Vista Business Park Specific Plan, no more than 20% or 5,000 square feet of ancillary retail, whichever is less; excludes sale of cars; no limitations with respect to the primary industrial use; products sold can be warehoused on-site (i.e., no requirement for product to be manufactured on-site). Item; Accessory Retail Uses in the Planned Industrial fP-M) Zone City Planner Don Neu and Community and Economic Deveiopment Director Gary Barbaric reviewed the Planned Industrial (PM) Zone areas ofthe city and the permitted uses. Mr. Neu explained the background and issues regarding retail sales in the PM Zone and provided options for Council to consider with a recommendation from staff regarding a proposed amendment to the current ordinance (on file in the Office ofthe City Clerk). Mayor Hall and Council Member Packard expressed concern that the proposed amendment as written could change the character ofthe business park area. Discussion ensued regarding the amount of square footage and related parking of each business, whether manufacturing was required or if warehousing and/or research would be adequate in allowing the accessory permit. Also discussed was the recent change to the Carisbad Research Center (CRC) Specific Plan as an example. It was agreed that the permitted uses within the CRC are more restrictive than the Cit/s. Mr. Barbaric stated that the proposed amendment would be first heard by the Planning Commission who would then make a recommendation to City Council, He noted that based upon input from Council at this time, modifications to the recommendation would need to be made before presenting the item to the Planning Commission. Mayor Hall stated he would like to see a control mechanism put In place for retail sales to address potential concerns. Discussion ensued regarding the current Conditional Use Permit process and its potential use to regulate the accessory permits. Council Member Blackburn clarified with Mayor Hall and Council Member Packard that they would be more likely to approve staffs recommendation to amend the current zoning ordinance to allow accessory retail sales within the Planned Industrial Zone, provided that a Conditional Use Permit is issued for all businesses that intend to add this component to their business. RECESS: Mayor Hall adjourned the Special Council Meeting at 11: 59 p.m. with four Council Members present. RECONVENE; Mayor Hall reconvened the Special Council Meeting at 12:16 p.m. with four Council Members present Item; Major Proiect Tracking Report - Citv Council Prioritv Proiects (Handout listing the Priority Projects and their current status are on file in the Office of the City Clerk.) In response to an inquiry from Mayor Hall, Parks and Recreation Director Chris Hazeltine stated that the Parks and Recreation Department's needs assessment will come before Council in September 2013. In response to an inquiry from Mayor Hall, Transportation Director Skip Hammann told Council that the overlay project on Carlsbad Boulevard will be underway and the Boulevard would be restriped to expand the bike areas after the first ofthe year. Page 2 (XRLSBAD >^ CHAMBER OF COMMERCE EXHIBIT 9 April 16, 2013 Carisbad Planning Commission 1200 Carlsbad Village Drive Carlsbad, CA 92008 RE: GPA 11-05/ZCA 09-03/LCPA 09-02 Conditional Use Permit Code Amendments Dear Commission: Carisbad's Chamber of Commerce strongly supports staffs recommendation of approval for the abovementioned GPA/ZCA/LCPA. These actions will have a significant beneficial impact on businesses wanting to locate in Carlsbad. Many small businesses hoping to locate in Carlsbad cannot afford the costs or time it takes to process a Conditional Use Permit through a Planning Commission hearing. Allowing potential users to be approved administratively through a Minor CUP will encourage more businesses to come to Carisbad while still providing an adequate level of review and conditioning. The Chamber also supports staffs recommendation to allow businesses in the PM zone to have a limited amount of accessory retail use as long as the products being sold are produced, distributed or warehoused at the same location subject to approval of a Minor CUP. Again this will encourage more businesses to locate in Carisbad while still providing adequate review to ensure that the proposed accessory retail will not adversely impact other users in the PM zone. These recommendations as well as a number of other changes being recommended by staff will make the non-residential zones in Carisbad more business friendly. This was one ofthe major goals ofthe Development Review Process Working Committee that first started working with staff in 2009. We understand that since the changes being proposed to the various documents would impact properties in the Coastal Zone as well as properties outside the Coastal Zone this GPA/ZCA/LCPA must be submitted to and approved by the Coastal Commission. The Chamber would like to request that the City enact these changes for properties outside the Coastal Zone immediately after approval by the City Council. It is understood that this would result in two sets of rules temporarily, one for properties inside the Coastal Zone and one for properties outside the Coastal Zone. The vast majority ofthe properties that would benefit from these changes are outside the Coastal Zone. The Chamber believes it would be counterproductive to the goal of making the City more business friendly if businesses outside the Coastal Zone that could benefit from the changes being proposed tonight had to wait an additional 12-18 months for the Coastal Commission to review and approve these revisions that have nothing to do with Coastal Issues. Sincere CC Don Neu, Chris DeCerbo, Shannon Werneke 5934 Priestly Drive • Carlsbad, California 92008 Phone: (760) 931-8400 • Fax: (760) 931-9153 • E-mail: chamber@carlsbad.org • Web: www.carlsbad.org <^ CITYOF CARLSBAD ERRATA SHEET FOR AGENDA ITEM #21 Memorandum ^^ZSS^^^^^ CitvCounci, o'^e^PSO.yManaoer^ From: Shannon Werneke, Associate Planner Via Don Neu, City Planner Re: Errata Sheet for Agenda Item #21, GPA 11-05/ZCA 09-03/LCPA 09-02 CUP CODE AMENDMENTS Staff is requesting that the City Council include a revision to Ordinance No. CS-225. Specifically, Ordinance No. CS-225 should be revised to add the following changes to the footnotes for Table A of Section 21.34.020 (P-M, Planned Industrial Zone, Permitted Uses) of the Carisbad Municipal Code: Note (applicable to properties located outside ofthe coastal zone): 1. Business and professional offices which are primarily not retail in nature and are compatible with the industrial uses in the vicinity. 2. Any use meeting the definition of an entertainment establishment, as defined in Section 8.09.020 of the Carisbad Municipal Code (CMC), shall be subject to the requirements of CMC Chapter 8.09. 3. The retail use shall be accessory to the permitted use and wholly contained within the building. All products for retail sale shall be produced, distributed, and/or warehoused on the premises. No outdoor display of merchandise or retail sales shall be permitted unless customarily conducted in the open. Parking for the accessory retail use shall be determined based on the parking requirement for the primary use pursuant to CMC Chapter 21.44. 4. A primary retail use shall cater to or support the industrial and office uses in the P-M zone. Note (applicable to properties located within the coastal zone): 1. Business and professional offices which are not retail in nature, do not cater to the general public, and do not generate walk-in or drive-in traffic, and are incidental to the industrial uses in the vicinity. 2. Any use meeting the definition of an entertainment establishment, as defined in Section 8.09.020 of the Carisbad Municipal Code (CMC), shall be subject to the requirements of CMC Chapter 8.09. Community & Economic Development 1635 Faraday Ave. I Carlsbad, CA 92008 I 760-602-2710 I 760-602-8560 fax 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. CS-225 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A ZONE CODE AMENDMENT TO AMEND THE TEXT OF THE INTENT AND PURPOSE. ADD A "RETAIL- ACCESSORY USE..." CATEGORY AND SEPARATE FOOTNOTES TO THE PLANNED INDUSTRIAL (P-M) ZONE FOR PROPERTIES LOCATED OUTSIDE OF THE COASTAL ZONE. CASE NAME: CUP CODE AMENDMENTS CASE NO.: ZCA Q9-03/LCPA 09-02 WHEREAS, in July 2009, the Development Review Process (DRP) Working Group was formed with the purpose of identifying ways to improve the efficiency of and user experience with the development review process; and WHEREAS, in November 2009, the DRP Working Group's Summary Recommendations Report was presented to City Council at a City Council Workshop; and WHEREAS, at said workshop, the City Council directed staff to implement the nine initiatives identified in the DRP Working Group's Summary Recommendations Report; WHEREAS, the majority of Zoning Ordinance amendments contained herein implement one of the nine initiatives identified by the DRP Working Group; WHEREAS, it is the desire of City Council to create a separate Intent and Purpose, "Retail- accessory use...." Category, and separate footnotes in the Planned Industrial (P-M) zone for properties located outside the coastal zone; NOW THEREFORE, The City Council of the City of Carlsbad, California, does ordain as follows: SECTION I: That Section 21.34.010(1) (Intent and Purpose, P-M. Planned Industrial Zone) is proposed to be amended as follows: The intent and purpose of this chapter is to accomplish the following: (1) a. For properties located within the boundaries of the coastal zone: Allow the location of business and light industries engaged primarily in research and/or testing, compatible light manufacturing, business and professional offices when in engaged in activities associated with corporate offices or in activities whose primary purpose is not to cater directly to the general public, and certain commercial uses which cater to and are ancillary to the uses allowed in this zone; or b. For properties located outside the boundaries of the coastal zone: 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 Allow the location of business and light industries engaged primarily in research and/or testing, compatible light manufacturing, and business and professional offices; allow certain commercial/retail uses which cater to, support, or are accessory to the uses allowed in this zone; and allow flexibility for other select uses (i.e., athlefic clubs/gyms, churches, daycare centers, recreation facilities, etc.) when found to be compafible with the P-M zone through the issuance of a Condifional Use Permit. SECTION ll: That Table A of Section 21.34.020 (P-M, Planned Industrial Zone, Permitted Uses) is amended to add the following use: Use P CUP Acc Retail, accessory use, including tasting/sampling rooms, showrooms, miscellaneous retail, up to 20% of the gross floor area of the building or suite (as applicable) or 2.000 square feet, whichever is less (see note 3 below) (applicable only to properties located outside of the coastal zone) 1 SECTION III: That the footnotes of Table A of Section 21.34.020 (P-M, Planned Industrial Zone, Permitted Uses) are replaced with the following footnotes: Note (applicable to properties located outside of the coastal zone): 1. Business and professional offices which are primarily not retail in nature and are compatible with the industrial uses in the vicinity. 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. 3. The retail use shall be accessory to the permitted use and wholly contained within the building. All products for retail sale shall be produced, distributed, and/or warehoused on the premises. No outdoor display of merchandise or retail sales shall be permitted unless customarily conducted in the open. Parking for the accessory retail use shall be determined based on the parking requirement for the primary use pursuant to CMC Chapter 21.44. 4. A primary retail use shall cater to or support the industrial and office uses in the P-M zone. Note (applicable to properties located within the coastal zone): 1. Business and professional offices which are not retail in nature, do not cater to the general public, and do not generate walk-in or drive-in traffic, and are incidental to the industrial uses in the vicinity. 2. Any use meeting the definition of an entertainment establishment, as defined in Section 8.09.020 of the Carisbad Municipal Code (CMC), shall be subject to the requirements of CMC Chapter 8.09. -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; and the city clerk shall certify the adoption of this ordinance and cause the full text of the ordinance or a summary of the ordinance prepared by the City Attorney to be published at least once in a newspaper of general circulation in the City of Carisbad within fifteen days after its adoption. -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 INTRODUCED AND FIRST READ at a regular meeting of the Carisbad City Council on the day of 2013, and thereafter. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carisbad on the day of 2013, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: APPROVED AS TO FORM AND LEGALITY CELIA A. BREWER, City Attorney MATT HALL, Mayor ATTEST: BARBARA ENGLESON, City Clerk (SEAL) -4- Morgen Fry From: Shannon Werneke Sent: Monday, July 22, 2013 5:09 PM To: Morgen Fry Cc: City Clerk Subject: CUP Code Amendments, GPA 11-05/ZCA, correspondence received Hi Morgan, Please see attached email I received regarding the CUP Code Amendment being considered by CC tomorrow night. Mr. Tucker requested that it be forwarded to Council for their reference. "^h^nks. All Receive - Agenda Item # Sliannon Po^ the Information of the: . CITY COUNCIL ACMfficA_J^ CC }^ CARLSBAD Planning Division Shannon Werneke Associate Planner 1635 Faraday Avenue Carlsbad, CA 92008 www.carisbadca.gov P: 760-502-4621 Shannon.Werneke(5)ca rlsbadca.gov From: Larry Tucker [mailto:Tucker(a)(rrPCenters.coml Sent: Monday, July 22, 2013 4:49 PM To: Shannon Werneke Cc: 'Steve Grant' Subject: GPA 11-05/ZCA Dear Shannon, Grant Tucker Properties is the developer ofthe Albertson's anchored La Costa Plaza (NEC El Camino Real and La Costa Avenue), which is in the C-L zone. Grant Tucker Properties continues to own 5 buildings in La Costa Plaza. I have a couple of suggested changes to Table A of Section 21.31.030 of the Carisbad Municipal Code (C-L, Local Shopping Center Zone, Permitted Uses). Before I get to those suggestions, I would first like to commend the staff and the Council for dedicating time and resources to ensuring that obtaining permits in Carisbad takes no more time or money than is necessary in the circumstances. Many cities do not embrace the philosophy of moving approvals to the lowest appropriate level. Carisbad is a good place to do business because it looks for ways to make the permitting process more efficient while not sacrificing necessary regulation. In looking at the tables published in the staff report, some ofthe language that appears in the C-l zone would seem equally applicable in the C-L zone. 1. The C-l zone allows "Athletic clubs, gymnasiums, health clubs and physical conditioning businesses," yet the C-L zone only allows "Athletic clubs, gymnasiums and health clubs." Are physical conditioning businesses not allowed in the C-L zone? Why the difference? Physical conditioning businesses such as personal training businesses and yoga studios should be allowed in the C-L zone as they are often less intense uses than athletic clubs. They have become distinctively neighborhood uses. I suggest the same language be used in the C-L zone as in the C-l zone. 2. The C-l zone allows: "Doctors, dentists, optometrists, chiropractors and other practicing the healing arts for human beings...." Yet the C-L zone only provides "Medical uses (excluding hospitals), including offices for medical practitioners, clinics...." Are dentists, optometrists, chiropractors and say acupuncturists not allowed in the C-L zone? Again, these are neighborhood types of uses and should be explicitly called out in the C-L zone as they are in the C-l zone. I realize an argument can be made that those uses are allowed in the C-L zone; but an argument could also be made that they are not since the C-l zone text uses specific language, but that same language was not used in the C-L zone text, and therefore there must have been a difference intended, otherwise the same language would have been used in the C-l zone and the C-L zone. From a legal standpoint, it is not a good idea to use different language to mean the same thing in one code. Please pass my comments along to the City Council, unless you agree with my suggestions and staff recommends the changes to the City Council that I am requesting. Sorry for getting this to you so late, but for some reason I neglected to check this when the matter went through the Planning Commission. The rest ofthe language in the C-L zone amendment seems fine. If I am missing something, please let me know. Thank you. Best regards. Grant Tucker Properties By: Larry Tucker (949) 251-2045 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you, because your interest may be affected, that the City Council of the City of Carisbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Tuesday, July 23, 2013, to consider approval of a General Plan Amendment, Zone Code Amendment, and Local Coastal Program Amendment to simplify and streamline the development review process for conditional use permits in the nonresidential zones by reassigning the approval authority to the lowest appropriate decision-maker, to amend the text of the General Plan and Zoning Ordinance to provide greater fiexibility for a variety of conditional uses in the nonresidential zones, and to amend the Commercial Visitor-Serving Overiay Zone to address minor miscellaneous amendments relating to decision-making authority for condifional uses. Whereas, on May 1, 2013 the City of Carisbad Planning Commission voted 7-0 to recommend approval of a General Plan Amendment, Zone Code Amendment, and Local Coastal Program Amendment to simplify and streamline the development review process for condifional use permits in the nonresidential zones by reassigning the approval authority to the lowest appropriate decision-maker, to amend the text of the General Plan and Zoning Ordinance to provide greater flexibility for a variety of conditional uses in the nonresidential zones, and to amend the Commercial Visitor-Serving Overiay Zone to address minor miscellaneous amendments relating to decision-making authority for conditional uses. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the agenda bill will be available on and after July 19, 2013. If you have any quesfions, please contact Shannon Werneke in the Planning Division at (760) 602-4621 or shannon.werneke(5)xarisbadca.gov. If you challenge the General Plan Amendment, Zone Code Amendment and/or Local Coastal Program Amendment in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this nofice or in written correspondence delivered to the City of Carisbad, Attn: City Clerk's Office, 1200 Carisbad Village Drive, Carisbad, CA 92008, at or prior to the public hearing. CASE FILE: GPA 11-05/ZCA 09-03/LCPA 09-02 CASE NAME: CUP CODE AMENDMENTS PUBLISH: July 12, 2013. CITY OF CARLSBAD CITY COUNCIL Easy Peel® Labels Use Avery® Template 5160® Bend along Hne to | expose Pop-Up Edge^" j AVERY® 5160® I CARLSBAD UNIFIED SCHOOL DISTRICT 6225 EL CAMINO REAL CARLSBAD CA 92011 SAN MARCOS SCHOOL DISTRICT STE 250 255 PICO AV SAN MARCOS CA 92069 ENCINITAS SCHOOL DISTRICT 101 RANCHO SANTA FE RD ENCINITAS CA 92024 SAN DIEGUITO SCHOOL DISTRICT 710 ENCINITAS BLVD ENCINITAS CA 92024 LEUCADIA WASTE WATER DISTRICT TIM JOCHEN 1960 LA COSTA AV CARLSBAD CA 92009 OLIVENHAIN WATER DISTRICT 1966 OLIVENHAIN RD ENCINITAS CA 92024 CITYOF ENCINITAS 505 S VULCAN AV ENCINITAS CA 92024 CITY OF SAN MARCOS 1 CIVIC CENTER DR SAN MARCOS CA 92069-2949 CITY OF OCEANSIDE 300 NORTH COAST HWY OCEANSIDE CA 92054 CITY OF VISTA 200 CIVIC CENTER DR VISTA CA 92084 VALLECITOS WATER DISTRICT 201 VALLECITOS DE ORO SAN MARCOS CA 92069 I.P.U.A. SCHOOL OF PUBLIC ADMIN AND URBAN STUDIES SAN DIEGO STATE UNIVERSITY SAN DIEGO CA 92182-4505 STATE OF CALIFORNIA DEPT OF FISH AND WILDUFE 3883 RUFFIN RD SAN DIEGO CA 92123 REGIONAL WATER QUALITY STE 100 9174 SKY PARK CT SAN DIEGO CA 92123-4340 SDCOUNTY PLANNING STE 310 5510 OVERLAND AV SAN DIEGO CA 92123-1239 SAN DIEGO LAFCO STE 200 9335 HAZARD WAY SAN DIEGO CA 92123 AIR POLLUTION CONTROL DISTRICT 10124 OLD GROVE RD SAN DIEGO CA 92131 SANDAG STE 800 401B ST . SAN DIEGO CA 92101 U.S. FISH&WILDLIFE 6010 HIDDEN VALLEY RD CARLSBAD CA 92011 CA COASTAL COMMISSION ATTN KANANI BROWN STE 103 7575 METROPOLITAN DR SAN DIEGO CA 92108-4402 AIRPORT LAND USE COMMISSION SAN DIEGO CO. AIRPORT AUTHORITY PO BOX 82776 SAN DIEGO CA 92138-2776 CARLSBAD CHAMBER OF COMMERCE 5934 PRIESTLEY DR CARLSBAD CA 92008 CITY OF CARLSBAD PUBLIC WORKS/ENGINEERING DEPT- PROJECT ENGINEER CITY OF CARLSBAD PROJECT PLANNER MICHAEL MCSWEENEY - BIASD STE 110 9201 SPECTRUM CENTER BLVD SAN DIEGO CA 92123-1407 Etiquettes f acHeis k peler utilisez le aabarit AVERY® 51fiO® A Sens de Repliez d la hachure afin de | r6v6ier le rebord PoD-UoT** ! www.avery.eom 1-800-GO-AVERY Easy Peel® Ubels A Bend along line to j AVERY® 5160® I Use Avery® Template 5160® J Feed Paper expose Pop-Up Edge™ j \^ ^ WATER RESOURCES CONTROL BOARD POBOX 100 SACRAMENTO CA 95801 Etiquettes faciles § peler | . ^ . Repliez i la hachure afin de j www.avery.com j Utiliseile aabarit AVFRY® 5160® ! r6v6ter le rebord POD-UOTM ! I^OO^O-AVERY ! Easy Peel® Labels Use Avery® Template 5160® Bend along tine to expose Pop-Up Edge™ AVERY® 5160® BARONA GROUP OF THE CAPITAN GRANDE EDWIN ROMERO, CHAIRPERSON 1095 BARONA RD LAKESIDE CA 92040 BUREAU QF INDIAN AFFAIRS 2800 COTTAGE WAY SACRAMENTO CA 95825 BUSINESS, TRANS & HSG AGENCY STE 2450 980 NINTH ST SACRAMENTO CA 95814 CA COASTAL COMMISSION STE 103 7575 METROPOLITAN DR SAN DIEGO CA 92108 CA DEPT OF TRANSPORTATION DISTRICT 11 - DIVISION OF PLANNING/DEVELOPMENT REVIEW 4050 TAYLOR STREET, MS-240 SAN DIEGO CA 92110 CANNEL ISLANDS NATL PARK SUPERINTENDENT'S OFFICE 1901 SPINNAKER DR SAN GUENA VENTURA CA 93001 CITY OF ENCINITAS 505 S VULCAN AV ENCINITAS CA 92024 COASTAL CONSERVANCY STE 1100 1330 BROADWAY OAKLAND CA 94612 COUNTY OF SD SUPERVISOR RM335 1600 PACIFIC SAN DIEGO CA 92101 DEPT OF DEFENSE LOS ANGELES DIST ENG POBOX 2711 LOS ANGELES CA 90053 DEPT OF ENERGY STE 400 611 RYAN PLZ DR ARLINGTON TX 760114005 DEPT OF FISH & GAME ENV SERV DIV POBOX 944246 SACRAMENTO CA 942442460 DEPT OF FOOD & AGRICULTURE AGRICULTURAL RESOURCES RM100 1220 NST SACRAMENTO CA 95814 DEPT OF FORESTRY ENVCOORD POBOX 944246 SACRAMENTO CA 942442460 DEPT OF HOUSING & URBAN DEV REGION IX ENVIRONMENTAL OFFICER 611 WEST SIXTH ST, STE. 811 LOS ANGELES CA 90017 DEPT OF JUSTICE DEPT OF ATTY GEN RM700 110 WEST A ST SANDIEGCCA 92101 FED AVIATION ADMIN WESTERN REG POBOX 92007 LOS ANGELES CA FEDERAL ENERGY REGULATORY COMMISSION 1001ST ST.. STE 2300 SAN FRANCISCO CA 941053084 MARINE RESOURCES REG DR & G ENV SERVICES SPR STEJ 4665 U\MPSON AVE LOS ALAMITOS CA 907205139 OFF OF PLANNING & RESEARCH OFF OF LOCAL GOV AFFAIRS POBOX 3044 SACRAMENTO CA 958123044 SAN FRANCISCO BAY CONSERV & DEV COM STE 2600 50 CALIFORNIA ST SAN FRANCISCO CA 941114704 SANDAG EXEC DIRECTOR STE 800 1ST I NTL PLZ 401 B ST SANDIEGCCA 92101 SDCOUNTY PLANNING & LAND USE DEPT STE 310 5510 OVERU^ND AVE SAN DIEGO CA 921231239 SDGE 8315 CENTURY PARK CT SANDIEGCCA 92123 STATE LANDS COMMISSION STE 1005 100 HOWEAV SACRAMENTO CA 958258202 US ARMY CORPS OF ENGINEER 1455 MARKET STFL17 SAN FRANCISCO CA 94103 US BUREAU OF UND MGMT STE RM W 2800 COTTAGE WY SACRAMENTO CA 95825 US BUREAU OF RECLAMATION 27708 JEFFERSON AVE, STE 202 TEMECULA CA 92590 US FISH & WILDLIFE SERVICES 2800 COTTAGE WAY STEW-2605 SACRAMENTO CA 95825 USDA RURAL DEVELOPMENT DEPT 4169 430 GST DAVIS CA 95606 Etiquettes faciles h peler Utilisez le aabarit AVERY® 5160® A Sens de Repliez d la haciiure afin de j r6t\tM»r IA mhnrri Pnn-lJnTM I www.avery.com i.jtnn.^n.A\/i:RV iasy Peel® AMM«rOSH)08-l. lilse Avery® W0ili6Vm^ BEERY GROUP, INC. BEERY, JOHN STED 2091 IAS PALMAS CARLSBAD CA 92011 SDA ARCHITECTS &. DESIGNERS BAKER, JANET STE 260 4 VENTURE IRVINE CA 92618 STARK ARCHITECTURE & PLANNING STARCK, JAMES STE 100 2045 KETTNER BLVD SAN DIEGO CA 92101 HOWES WEILER & ASSOCIATES HOWES, MIKE STE 217 2888 LOKER AVENUE EAST CARLSBAD CA 92010 I. 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MUNSON, DOUG PO BOX 55 POWAY CA 92074 INDUSTRIAL ENVIRONMENTAL ASSOCIATION KREBS, PATTI STE 900 110 WEST CST SAN DIEGO CA 92101 f Midn-dod pjoqai a| jai^A^ ^ap u]^e djnqaeii e| f zai|da)j GRAND PACIFIC RESORTS STRIPE, TIM STE 200 5900 PASTEUR CT CARLSBAD CA 92008 AT&T c/o PLANCOM INC PATTERSON KRYSTAL 302 STATE PL ESCONDIDO CA 92029 WALTERS MANAGEMENT COWAN, VICTORIA 6726 ARBOR ROSE DR CARLSBAD CA 92009 iuauja6jei|3 ap suas T (^091S ®AH3AV »|Jeqe6 a| zasju^n ja|ad f saipe^ sauanbj^^ WAVE CREST RESORTS CANEPA, BILL STEA 829 SECOND ST ENCINITAS CA 92024 BUILDING INDUSTRY ASSOCIATION MCSWEENEY, MIKE STE 110 9210 SPECTRUM CENTER BLVD SAN DIEGO CA 92123 CARLSBAD AIRPORT CENTRE 2006 PALOMAR AIRPORT RD CARLSBAD CA 92011 PREMIER COMMUNITY SERVICES SALAS, SHAWNA 5661-A PALMER WY CARLSBAD CA 92010 NNJAESCHKE HEGWOOD, RANDY 9610 WAPLES ST SAN DIEGO CA 92121 WESTRELD CORP FITCHITT,GREG 225 BROADWAY SAN DIEGO CA 92101 <8)09kS (§)AU3AV I wi9fiP3 dn-dod asodxa { o) au!| 6uo|e puaa jaded paaj ®09tS aiB(duiai ^BAyf asn siaaei .«.iaa.j Aspa UT San Ditgo RO, Box 120191, San Diego, CA 92112^0191 AFFIDAVIT OF PUBLICATIOiM STATE OF CALIFORNIA} County of San Diego} The Undersigned, declares under penalty of pi under the laws of the State of California: Tha resident of the County of San Diego. That she times herein mendoned was a cidzen of the United States, c of twenty-one years, and that he is not a party to, nor intere; above entitled matter; that he is Chief Clerk for the publish^ The San Diego Union-Tribune - North a newspaper of general circuladon , printed and publishec City of San Diego, County of San Diego, and which published for the disseminadon of local news and inte general character, and which newspaper at all the mentioned had and still has a bona fide subscription li subscribers, and which newspaper has been established published at regular intervals in the said City of San Dieg San Diego, for a period exceeding one year next precedin publication of the notice hereinafter referred to, and which not devoted to nor published for the interests, ente instruction of a particular class, profession, trade, calli denomination, or any number of same; that the nodce C annexed is a printed copy, has been published in said n accordance with the instrucdons of the person(s) requesting and not in any supplement thereof on the following dates, to NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you, because your interest may be affected, that the City Council of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Tuesday, July 23, 2013, to consider approval of a General Plan Amendment, Zone Code Amendment, and Local Coastal Program Amendment to simplify and streamline the development review process for conditional use permits in the nonresidential zones by reassigning the approval authority to the lowest appropriate decision-maker, to amend the text of the General Plan and Zoning Ordinance to provide greater flexibility for a variety of conditional uses in the nonresidential zones, and to amend the Commercial Visitor-Serving Overlay Zone to address minor miscellaneous amendments relating to decision-making authority for conditional uses. Whereas on May '1 2013 the City of Carlsbad Planning Commission voted 7-0 to recommend approval'of a General Pian Amendment, Zone Code Amendment, and Local Coastal Program Amendment to simplify and streamline the development review process for conditional use permits in the nonresidential zones by reassigning the approval authority to the lowest appropriate decision- maker to amend the text of the General Plan and Zoning Ordinance to provide greater flexibility for a variety of conditional uses in the nonresidential zones, and to amend the Commercial Visitor-Serving Overlay Zone to address minor miscellaneous amendments relating to decision-making authority for conditional uses. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the agenda bill will be available on and after July 19, 2013. If you have any Questionj^ please contact Shannon Werneke in the Planning Division at (760) 602-4621 or shannon.werneke® carlsbadca.gov. If you challenge the General Plan Amendment, Zone Code Amendment and/or Local Coastal Program Amendment in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad, Attn: City Clerk's Office, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, at or prior to the public hearing. CASE FILE: GPA 11 -05/ZCA 09-03/LCPA 09-02 CASE NAME: CUP CODE AMENDMENTS July 13'^ 2013 PUBLISH: July 13, 2013. CITY OF CARLSBAD CITY COUNCIL .-Chief Clerk for the Publisher Jane Allshouse On this 15'^ day of July, 2013 CUP Code Amendments GPA 11-05/ZCA 09-03/LCPA 09-02 July 23, 2013 Shannon Werneke, Associate Planner City Council Consideration Simplify and streamline the development review process for Conditional Use Permits and create greater flexibility for a variety of conditional uses in the nonresidential zones. Initiative: Decision-Making Levels “To streamline the discretionary permit approval process by reassigning the approval authority to the lowest appropriate decision-making authority...” CUP Code Amendments 1.Reassignment of decision-making authority in nonresidential zones 2.Planned Industrial (P-M) zone 3.Commercial Visitor-Serving Overlay Zone 4.Clarity, code usability, and typographical errors 5.Land Use Element of the General Plan Reassignment of Decision-Making Authority in Nonresidential Zones Reassign approval authority to lowest appropriate decision-maker for conditional uses in nonresidential zones Reduces cost to applicant/developer Reduces processing time Facilitates economic development in business sector Amendments to the Planned Industrial (P-M) Zone •Amend “Intent and Purpose” •Add “Retail, accessory use…” to land use matrix, subject to approval of a Minor Conditional Use Permit •Add new footnote for “Retail, accessory use” category •Add “Educational facilities-other” to land use matrix, subject to approval of a Minor Conditional Use Permit P-M Zone Intent and Purpose •Remove reference to P-M uses not being able to cater directly to the general public; •Add reference to allowing select uses such as gyms, churches, and recreation facilities which are found to be compatible with the P-M zone with a CUP. P-M Zone “Retail- Accessory Use…” •City Council Workshop, Dec., 2012 Allow up to 20% or 2,000 square feet (whichever is less) of accessory retail space with a Minor Conditional Use Permit •Add “Retail-accessory use…” to the P-M Zone land use matrix subject to approval of MCUP by City Planner Addition of Footnote to P-M Zone for “Retail-accessory use…” –Required to be accessory to primary use –Contained within the structure –All products for sale must be produced, distributed and/or warehoused on premises –No outdoor display –Required to be parked at primary use rate P-M Zone “Educational uses-other” •Educational training and tutoring services which are not subject to the California Education Code or standards of State Board of Education •Includes cosmetology, pet grooming, music, dance, martial arts, gymnastics •Minor Conditional Use Permit required Commercial Visitor-Serving Overlay Zone •Defer decision-making authority to underlying zone •Modify reference to P-M zone to coincide with amendments to proposed revision to Intent and Purpose •Miscellaneous clean-up amendments Clarity, Code Usability, and Typographical Errors •Clarify portions of Zoning Code related to conditional use permits •Create internal consistency •Correct inadvertent omissions in nonresidential zones that resulted from CUP amendment in 2006 General Plan Land Use Element Industrial, Implementing Policy and Action Program C.9: •Remove reference to requirement for conditional uses to be “clearly oriented to support industrial developments…” •Expand list of conditional uses and add reference to accessory retail uses to coincide with changes to P-M zone General Plan Land Use Element Community Facilities, Goal A and Objective B(1): Add “educational institutions or schools” to list of uses which are desirable in the Community Facilities land use classification Planning Commission May 1, 2013 Recommended approval, 7-0 No public testimony Recommended the following conditional uses remain at Planning Commission: Athletic fields Gas stations Hotels/motels Nightclubs/dance clubs w/ music Pool halls/billiard parlors Public meeting halls/exhibit halls/museums Racetracks Theaters (motion picture or live) – indoor Correspondence Letter received from Chamber of Commerce, April 16, 2013 –Supports recommendation of approval –Amendments will encourage businesses to locate to Carlsbad, while still providing discretion to condition and monitor uses –Due to extensive time for CCC to review project, the Chamber of Commerce requested proposed changes for properties located outside of coastal zone become effective immediately Changes Proposed to be Effective Immediately Outside of Coastal Zone Purpose and Intent of P-M zone Addition of “Retail- accessory use…” category to P-M zone Errata Sheet Create separate set of footnotes in P-M zone for properties located outside coastal zone to coincide with addition of new “Retail- accessory use” category Recommendation A.Introduce Ordinance No. CS-224, approving an amendment to the Zoning Ordinance B.Introduce Ordinance No. CS-225, approving an amendment to the Zoning Ordinance, including the Errata Sheet, to amend the text of the Intent and Purpose and add a “Retail-Accessory Use…” category and footnotes to the P-M zone for properties located outside of coastal zone. C.Adopt Resolution No. 2013-191, approving a General Plan Amendment D.Adopt Resolution No. 2013-192, approving a Local Coastal Program Amendment P-M Zone Proposed Footnote, P-M Zone The retail use shall be accessory to the permitted use and wholly contained in the building. All products for retail sale shall be produced, distributed, and/or warehoused on the premises. No outdoor display of merchandise or retail sales shall be permitted unless customarily conducted in the open. Parking for the accessory retail use shall be determined based on the parking requirement for the primary use pursuant to CMC Chapter 21.44.