HomeMy WebLinkAbout2013-08-27; City Council; 21344; CUP Code Amendments ZCA 09-03 LCPA 09-0219
CITY OF CARLSBAD - AGENDA BILL
ABff 21,344 CUP CODE AMENDMENTS DEPT. DIRECTOR
MTG. 8/27/13 ZCA 09-03/LCPA 09-02 CITY ATTORNEY
DEPT. Clerk CITY MANAGER
RECOMMENDED ACTION:
Adopt Ordinance No. CS-224. approving a Zone Code Amendment (ZCA 09-03) to simplify and streamline the
development review process by reassigning the approval authority for conditional use permits to the lowest
appropriate decision-maker in the nonresidential zones, to amend the text ofthe 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; and.
Adopt Ordinance No. CS-225. to amend the text of various nonresidential zones to reflect that City Council is the
decision-making authority for hotels, breweries with an accessoi7 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 ofthe Coastal Zone.
ITEM EXPLANATION:
Ordinance Nos. CS-224 and CS-225. were introduced and first read at the City Council meeting held on July 23,2013.
The second reading allows the City Council to adopt the ordinance. Notwithstanding the above. Ordinance No. CS-
224 shall not be effective until certified by the California Coastal Commission. In addition. Ordinance No. CS-225 will
sunset once CS-224 is certified by the California Coastal Commission. The City Clerk will have the ordinances or a
summary ofthe ordinances published within fifteen days, if adopted.
In addition to revising the ordinances to address City Council's recommendations, please note that minor revisions
were made to Ordinance No. CS-224 to add reference that breweries without an accessory retail component are
permitted by right in the Heavy Commercial (C-M) and Planned Industrial (P-M) zones. This change is considered to
be a typographical error as it provides consistency ofthe decision-making authority throughout the non-residential
zones.
FISCAL IMPACT:
See AB #21,321 on file in the Office of the City Clerk.
DEPARTMENT CONTACT: Sherry Freisinger 760-434-2808 Sherrv.Freisinger @carlsbadca.ROv
FOR QTY UERKS USE ONLY
COUNCIL ACTION: APPROVED CONTINUED TO DATE SPECIFIC •
DENIED • CONTINUED TO DATE UNKNOWN •
CONTINUED • RETURNED TO STAFF •
WTTHDRAWN • OTHER-SEE MINUTES •
AMENDED •
Page 2 of Agenda Bill
ENVIRONMENTAL IMPACT:
The proposed amendments are exempt from environmental review pursuant to CEQA Section 15061(b)(3), which
exempts projects "where it can be seen with certainty that there is no possibility that the activity in question may
have a significant effect on the environment." The changes proposed by this project are primarily procedural in
nature, are not Substantial, and will not significantly affect the existing development standards in the Zoning
Ordinance; therefore, the project will not result in a significant effect on the environment. Therefore, a Notice of
Exemption will accordingly be filed.
EXHIBITS:
1. Ordinance No. CS-224.
2. Ordinance No. CS-225.
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
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
19
20
21
22
22 Municipal Code (E-A, Exclusive Agricultural Zone, Permitted Uses) is amended to read as
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.
NOW THEREFORE, The City Council of the City of Carlsbad, California, does
ordain as follows:
SECTION I: That the legend of Table A of Section 21.07.020 of the Carlsbad
24 follows:
25
"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 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 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:
Use P CUP
Golf courses 3
SECTION 111: 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 Section 21.08.020 of the Carlsbad Municipal Code
(R-A, Residential Agricultural Zone, Permitted Uses) is amended as follows:
Use P CUP
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-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Table A
Permitted Uses
In the table, below, subject to all applicable permitting and development requirements of
the municipal code:
"P" indicates use is permitted. (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 Section 21.09.020 of the Carlsbad Municipal Code
(R-E, Rural Residential Estate Zone, Permitted Uses) is amended as follows:
U^ CUP Aoc
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 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 VIII: That Table A of Section 21.10.020 of the Carlsbad Municipal
Code (R-1, One-Family Residentiai Zone, Permitted Uses) is amended as follows:
Use CUP Acc
Golf courses (see note 2, below) 3
•3-
1 SECTION IX: That the legend of Table A of Section 21.12.020 of the Carlsbad
2 Municipal Code (R-2, Two-Family Residential Zone, Permitted Uses) is amended to read as
3 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 7 below)
"CUP" indicates use is permitted with approval of a conditional use permit. (See note 7
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.
10 "Acc" indicates use is permitted as an accessory use.
11 SECTION X: That Table A of Section 21.12.020 of the Carlsbad Municipal Code
12 (R-2, Two-Family Residential Zone, Permitted Uses) is amended as follows:
13
14
18
19
25
26
27
28
Use p CUP Acc
Golf courses (see note 5, below) 3
1^ SECTION XI: That the legend of Table A of Section 21.16.020 of the Carlsbad
16
17
Municipal Code (R-3, Multiple-Family Residential Zone, Permitted Uses) is amended to read as
follows:
Table A
Permitted Uses
2Q In the table, 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 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.
24 3 = Conditional Use Permit (Process Three), pursuant to Chapter 21.42 of this title.
"Acc" indicates use is permitted as an accessory use.
SECTION XII: That Table A of Section 21.16.020 of the Carlsbad Municipal
Code (R-3, Multiple-Family Residential Zone, Permitted Uses) is amended as follows:
-4- 5
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
U^ P CUP
Golf 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.
"AGO" 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 Section
21.42.140(B)(70)) 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, photocopv services and newsstands) X
Packinq/sortinq sheds (600 square feet maximum) X
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 CUP Acc
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
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 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
Cartsbad 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, 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 = 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.
7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Use 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 Section
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: Section
21.04.130) X
Dwelling, multiple-family (subjectto 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 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 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
utility buildings/facilities (defined: Section 21.04.297) 2
•7-i
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Use 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 bldg./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 (serving six or fewer persons)(defined:
Section 21.04.362) X
Transitional housing (serving more than six
persons)(subject to Section 21.42.140(B)(125))(defined:
Section 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.
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).
3. One-family dwellings are permitted when developed as two or more detached units on one
lot. Also, a single one-family dwelling shall be permitted on any legal lot that existed as of
October 28, 2004, and which is designated and zoned for residential use. Any proposal to
subdivide land or construct more than one dwelling shall be subject to the density and
intent of the underlying residential land use designation.
4. A two-family dwelling shall not be permitted within the RH land use designation.
5. Mobile homes must be certified under the National Mobilehome Construction and Safety
Standards Act of 1974 (42 U.S.C Section 5401 et. seq.) on a foundation system pursuant
to Section 18551 of the State Health and Safety Code.
-8-1
1 SECTION XV: That the legend of Table A of Section 21.20.010 of the
2 Cartsbad Municipal Code (R-T, Residential Tounst 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.
10 "AGO" indicates use is permitted as an acGessory use.
11 SECTION XVI: That Table A of Section 21.20.010 of the Cartsbad Municipal
12 Code (R-T, Residential Tounst Zone, Permitted Uses) is amended as follows:
13
14
15
16
17
18
19
Use :P;:V.:':;A'--:-'C»IP::W:',:,
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, Residential Waterway Zone, Permitted Uses) is amended to
read as follows:
Table A
Permitted Uses
2Q In the table, 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 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.
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 Carlsbad Municipal
26
Code (R-W, Residential Waterway Zone, Permitted Uses) is amended as follows:
27 "
28 -9- ,0
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
Cartsbad 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 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.
"AGO" indicates use is permitted as an accessory use.
SECTION XIX: That Table A of Section 21.24.020 of the Cartsbad
Municipal Code (RD-M, Residential Density-Multiple Zone, Permitted Uses) is amended as
follows:
Use P CUP
Golf courses (see note 4 below) 3
SECTION XX: That the Intent and Purpose of Section 21.25.010(1) of the
Cartsbad 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 Cartsbad
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.
"AGG" indicates use is permitted as an accessory use.
Use wmm CUP Acc
Adult and/or senior day care and/or recreation facility
(private or non-prtvate) 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: Section 21.04.090) 1
Educational institutions or schools, public/pnvate (defined:
Section 21.04.140) 2
Mobile buildings (subject to Section
21.42.140(B)(90))(defined: Section 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, Girt Scouts, Boys
and Girts Clubs, YMCA and YWCA, except lodgings) 1
Notes:
1. Any use meeting the definition of an entertainment establishment, as defined in Section
8.09.020 of the Cartsbad Municipal Code (CMC), shall be subject to the requirements of
CMC Chapter 8.09.
2. If any office area is proposed with a use, the office area must be ancillary to the main use;
it cannot be the principal use.
-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 Cartsbad
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 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
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
Bakertes 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, monastenes,
and other places of worship 2
Clubs - nonprofit, business, civic, professional, etc.
(defined: Section 21.04.090) 1
Columbanums, mausoleums, and mortuanes (not within a
cemetery) 2
Delicatessen (defined: Section 21.04.106) X
Doctors, dentists, optometnsts, chiropractors and others
practicing the healing arts for human beings, and related
uses such as oculists, pharmacies (presonption only),
biochemical laboratones and x-ray laboratones
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
Use 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
Laundnes 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) 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 (pnmary 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 partors (subject to Section
21.42.(B)(110))(defined: Section 21.04.292) 2
Private clubs, fraternities, sororities and lodges, excepting
those where the chief activity is a service customanly
earned 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 1
•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: 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-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 weanng apparel shops X
Tattoo partors (subject to Section 21.42.140(B)(140)) 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
Vetennary clinic/animal hospital (small animals)(defined:
Section 21.04.378) 1
Welfare and charitable service (pnvate 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, Girt Scouts, Boys
and Girts 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 Cartsbad 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 Cartsbad
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.
Use 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 (presonption only), biochemical,
X-ray laboratories, medical offices and clinics (excluding
hospitals)
X
Dnve-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 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
Insurance agencies and services X
Labor union offices (no hinng 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 bluepnnt 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 (pnmary 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: Section 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
Vetennary 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 Cartsbad 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 Cartsbad 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:
-16-11
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
"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 (prtvate
or non-prtvate) 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 preserve (subject to Section
21.42.140(B)(30)) (defined: Section 21.04.48) 2
Bluepnnting, 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
Columbanums and mausoleums (not within a cemetery) 2
Commercial pnnting and photoengraving X
Delicatessen (defined: Section 21.04.106) X
Dnve-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%
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 mmm. Acc
Liquor store (subject to Section 21.42.140(B)(85))(defined:
Section 21.04.203) 1
Mobile buildings (subject to Section
21.42.140(B)(80))(defined: Section 21.04.265) 1
Mortuanes 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)(subjeGt 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 (pnmary use)(i.e., day uses, short-term, non-
storage) 1
Pawnshops (subject to Section 21.42.140(B)(105)) 3
Pet shops X
Pool halls, billiard partors (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 facilities and accessory
utility buildings/facilities (defined: Section 21.04.297) 2
Racetracks 3
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 (subject to Chapter
21.105)(defined: Section 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 catenng 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 partors (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
Upholstenng shops X
Vetennary clinic/animal hospital (small animals)(defined:
Section 21.04.378) 1
Welfare and chantable 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 Acc
Wireless communication facilities (subject to Section
21.42.140(B)(165)) 1/2
Youth organizations (e.g.. Boy Scouts, Girt Scouts, Boys and
Girts 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 Cartsbad 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 Cartsbad
Municipal Code (C-M, Heavy Commercial- Limited Industnal 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 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 '•^mmm^-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 electncal 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-m
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
Us0 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 pnnting and publishing X
Bookbinding X
Bowling alley (subject to Section 21.42.140(B)(35))(defined:
Section 21.04.057) 1
Brewenes X
Brewenes 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 matenal storage yards X
Cabinet shops X
Carpet cleaning plants X
Ceramic products, manufacture of, using only previously
pulvenzed clay and kilns fired only by electncity 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
Columbanums and mausoleums (not within a cemetery) 2
Delicatessen (defined: Section 21.04106) X
Dnve-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 supenntendent
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 lookers X
Gas stations (subject to Section 21.42.140(B){65)) 2
Glass studios, staining, edging, beveling and silvenng in
connection with sale of mirrors and glass for decorating
purposes
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 21.04167) 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, industnal emergency (not full hospital or mental
hospital) x
Kennels (defined: Section 21.04.195) 1
Laboratones, expenmental, motion picture, testing x
Laundnes 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
Mortuanes 2
Musical instruments, manufacture of X
Newspaper/periodical pnnting 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 (pnmary 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 partors (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 Sections 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 parlors (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
Use P CUP Acc
Tire rebuilding, recapping and retreading X
Transit passenger terminals (bus and train) 2
Transit storage (ex. rolling stock) 2
Vetennary 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 communication facilities (subject to Section
21.42.140(B)(165))(defined: Section 21.04.379) 1/2
Notes:
1.
4.
Any use permitted in the commercial zones is allowed in the C-M zone, except: (A)
Hotels and motels, (B) Hospitals (however, industnal 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 customanly carried on as a business, (F) Institutions 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 Cartsbad Municipal Code (CMC), shall be subject to the requirements of
CMC Chapter 8.09.
For properties which are located within the boundaries of the Carlsbad 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, distnbuted, 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 Cartsbad
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 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.
-22-3i>
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
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
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 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) 1
Breweries with retail accessory use, including tasting rooms 3
Car wash (subject to Section 21.42.140(B)(45)) 1
Child day care centers (subject to Chapter 21.83)(defined:
Section 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:
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)) 2
Greenhouses > 2,000 square feet (subject to Section
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
Section 21.31.070)(see note 1 below) X
Medical uses (excluding hospitals), including offices for
medical practitioners, clinics, incidental laboratories, and
pharmacies (prescription oniy)
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
Use 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
Pubiic meeting halls, exhibit halls, and museums 2
Public/quasi-public buildings and facilities and accessory
utilitv 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 Section
21.31.080 of this chapter)(defined: Section 21.105.015)
1
Recycling, reverse vending machine (subject to Chapter
21.105)(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
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 services
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, Girl Scouts, Boys and
Girls Clubs, YMCA, YWCA, except lodgings 1
•24-m
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: Section 21.04.379) 1/2
Notes:
1.
2.
4.
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.
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.
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. Section 21.31.020, and the function 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 Cartsbad
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 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 :^ifeCC":,:'r'
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-P6
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 wmmM: CUP Acc
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: Section 21.04.048 2
Body and fender work, including painting 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 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
lard, pickles, sauerkraut, sausage or vinegar X
Fruit and vegetable canning, preserving, and freezing X
Fruit packing houses X
Furniture manufacture X
Garment manufacturers X
Gas stations (subject to Section 21.42.140(B)(65)) 2
Greenhouses > 2,000 square feet (subject to Section
21.42.140(B)(70)) 1
•26-a?
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
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) 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
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: 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
Use 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. Any use meeting the definition of an entertainment establishment, as defined in Section
8.09.020 of the Cartsbad 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.
Use P CUP ^AiJc
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 preserve (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-^9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Use 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 Section
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
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)
-29-3d
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
Stainways 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)(subiect 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 Cartsbad 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.
•30-5
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
SECTION XXXll: 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 = 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 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 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
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 preserve (subject to Section
21.42.140(B)(30))(defined: Section 21.04.048) 2
•31-3^
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
Use 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 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
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:
Section 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 service (time-sharing) X
Computer systems (see note 1 below) X
Construction manager (see note 1 below) X
Corporate headquarters office (see note 1 below) X
Corporate travel agencies and bureaus (see note 1 below) X
Credit rating service (see note 1 below) X
Data communication sen/ice (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^ £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
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: 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
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
•33-5-/
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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 service (see note 1 below) X
Management consultants (see note 1 below) X
Manufacturers agents (see note 1 below) X
Manufacturing and processing facilities X
Marketing research and analysis (see note 1 beiow) 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)(subjeGt 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 facilities (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 sen/ice 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 marketing (see note 1 below) X
Public meeting halls, exhibit halls, and museums 2
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 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:
Section 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: Section 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 distribution 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 beiow) 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
•35-3^
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
Use 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 facilities (subject to Section
21.42.140(B)(165))(defined: Section 21.04.379) 1/2
Notes:
1.
4.
Business and professional offices which are primarily not retail in nature and are
compatible 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 Cartsbad 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 XXXlll: That Table A of Section 21.36.020 (P-U, Public Utility
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.
"AGO" indicates use is permitted as an accessory use.
Use P CUP
Accessory uses and structures X
Airports 3
Aquaculture (defined: Section 21.04.036) 1
Aquaculture stands (display/sale)(subject to Section
21.42.140(B)(10)) 1
Biological habitat preserve (subject to Section
21.42.140(B)(30))(defined: Section 21.04.048) 2
Crop production X
•36^ 5?
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Use P CUP
Energy transmission facilities, including rights-of-way and
pressure oontroi 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 Utilities 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 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
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
faoiiities 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
Use CUP
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 Cartsbad 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 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 XXXV: That Table A of Section 21.37.020 (RMHP, Residential
Mobile Home Park Zone, Permitted uses) is amended as follows:
Use vp:::'-'^;-::^:^ CUP ^liic,:;-;,::::
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.
•38-39
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
"Aoc" 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.
4.
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
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 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 Cartsbad 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 conduot of the permitted uses.
2 5. Mobile home: Certified under the National Mobile Home Construction and Safety
Standards Act of 1974 (42 U.S.C. Section 5401 et seq.) on a foundation system
3 pursuant to Section 18551 of the State Health and Safety Code.
4 SECTION XXXVII: 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 Cartsbad 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
b. The occupancy shall be limited to a five-year term, unless extended by the appropriate
12 decision-maker.
j3 SECTION XXXIX: That Section 21.53.140(e)(3)(A) (Uses Generally, Satellite
X4 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 complywith 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 Overtay Zone) of the Cartsbad Municipal Code is amended as follows:
19 Chapter 21.208
COMMERCIALA/ISITOR-SERVING 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 meeting - Application for conditional 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 condition.
27 21.208.130 Existing uses, building permits and business licenses.
28 -40- if(
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 Carlsbad Municipal Code is amended as
6 follows:
7 21.208.010 Intent and purpose.
The intent and purpose of the commercial/visitor-serving overtay zone is to supplement
8 the undertying zoning by providing additional regulations for commercial/visitor-serving uses
which require a conditional use permit in the underlying zone. The overtay zone is intended and
9 designed to:
A. Control the location, operation and appearance of newly proposed
10 commercial/visitor-serving uses within the overtay 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 overtay 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-serving
uses within the overtay 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 overtay 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 XLII: That Section 21.208.040 (Permitted uses. Commercial/ Visitor-
20 Serving Overtay Zone) of the Cartsbad 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 underlying 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 Overlay Zone) of the Cartsbad 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 underiying zoning designations within the overiay zone that are not
commercial/visitor-serving uses, are not subject to this chapter. Where the underiying zoning
authorizes conditionally 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 Overtay Zone) of the Carlsbad Municipal Code is amended as follows:
21.208.060 Prohibited uses.
Notwithstanding any undertying zoning provision, the following uses are prohibited in the
overtay 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 oode, 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 overlay zone.
14 SECTION XLV: That Section 21.208.070 (Approval process. Commercial/
15 Visitor-Sen/ing Overtay Zone) of the Cartsbad 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 Cartsbad 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-serving use within the overlay 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 preliminary 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 shall respond with a written city response letter, thoroughly
27 analyzing the proposal, establishing issues for resolution, 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 meeting 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 conditional 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
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 21.208.100.A(2b) (Development standards, time
share projects. Commercial/ Visitor-Serving Overtay 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
require 1.2 spaces per unit. In addition, time share projects shall be subject to the following
requirements:
1^ 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
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 21.208.1 OO.F(2) and 21.208.100.F(3)
22 (Development standards, Architectural Style, Commercial/ Visitor-Serving Overtay Zone) of the
Carlsbad Municipal Code is amended as follows:
24 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 tiie paving.
2^ 3. Alternative 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- W
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
overtay zone's objective of ensuring high quality appearances for commercial/visitor-serving
3 uses.
4 SECTION XLIX: That Section 21.208.1 OO.H(2) (Uses Separation Standards,
5 Motels/Hotels) of Carisbad Municipal Code is deleted.
6 SECTION L: That Section 21.208.11 O.D (Required findings. Alternative
7 architectural style, Commercial/ Visitor-Serving 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 overtay
10 zone; however, the proposed use shal! be consistent with the intent and purpose of the P-M
zone.
SECTION Ll: That Section 21.208.130 (Existing uses, building permits and
business licenses. Commercial/ Visitor-Serving Overtay Zone) of the Cartsbad Municipal Code
is amended as follows:
11
12
13
14
For existing 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 Section 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 existing 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 overiay 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
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-
1 Table A
Permitted Uses
2
In the table, below, subject to all applicable permitting and development requirements of
3 the municipal code:
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
"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.
"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 Cartsbad City
Council on the 23'"'^ day of July 2013, and thereafter.
///
///
///
///
///
///
///
///
///
///
///
///
///
•45-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City
of Carlsbad on the 27^^ day of August, 2013, by the following vote to wit:
AYES:
NOES:
ABSENT:
Council Members Hall, Packard, Wood, Blackburn and Douglas.
None.
None.
ABSTAIN: None.
APPROVED AS TO FORM AND LEGALITY
CELIA A. BREWER, City Attorney
ATTEST:
BARBARA ENGLESON, Qi^Clerk
:0 =
1 ORDINANCE NO. CS-225
2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A ZONE CODE
3 AMENDMENT TO AMEND THE TEXT OF VARIOUS
NONRESIDENTIAL ZONES TO REFLECT THAT CITY COUNCIL
4 IS THE DECISION-MAKING AUTHORITY FOR HOTELS,
BREWERIES WITH AN ACCESSORY RETAIL COMPONENT,
5 AND NIGHTCLUBS AND TO AMEND THE INTENT AND
PURPOSE, ADD A "RETAIL- ACCESSORY USE..." CATEGORY,
6 AND SEPARATE FOOTNOTES TO THE PLANNED INDUSTRIAL
(P-M) ZONE FOR PROPERTIES LOCATED OUTSIDE OF THE
7 COASTAL ZONE.
CASE NAME: CUP CODE AMENDMENTS
8 CASE NO.: ZCA 09-03/LCPA 09-02
9 WHEREAS, in July 2009, the Development Review Process (DRP) Working
10 Group was formed with the purpose of identifying ways to improve the efficiency of and user
11 experience with the development review process; and
12 WHEREAS, in November 2009, the DRP Working Group's Summary
1^ Recommendations Report was presented to City Council at a City Council Workshop; and
14 WHEREAS, at said workshop, the City Council directed staff to implement the
nine initiatives identified in the DRP Working Group's Summary Recommendations Report;
1^ 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 Cartsbad, California, does
ordain as follows:
18
21
22
23
24
25
26
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
SECTION I: That Table A of Section 21.20.010 (R-T, Residential Tourist Zone,
Permitted Uses) is amended to add the following use:
Use wmm.B 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 11: That Table A of Section 21.26.010 (C-1, Neighborhood Commercial Zone,
Permitted Uses) is amended to add the following use:
Use P CUP
Hotels and Motels (subject to Section 21.42.140(B)(80))
(applicable only to properties located outside of the coastal
zone)
3
SECTION lil: That Table A of Section 21.27.020 (O, Office Zone, Permitted Uses) is
amended to add the following use:
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 IV: That Table A of Section 21.28.010 (C-2, General Commercial Zone,
Permitted Uses) is amended to add the following uses:
Use P CUP
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:
y9
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
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:
Use P CUP ;!Acc:?,v;:'.:
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
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
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, 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:
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.
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
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.
51
1 2. Any use meeting the definition of an entertainment establishment, as defined in
Section 8.09.020 of the Cartsbad Municipal Code (CMC), shal! 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
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 EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption;
12 and the city clerk shall certify the adoption of this ordinance and cause the full text of the ordinance
1^ or a summary of the ordinance prepared by the City Attorney to be published at least once in a
^4 newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption.
1^ (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 Cartsbad City
Council on the 23'"'^ day of July 2013, and thereafter.
///
///
///
///
///
///
///
///
///
-5- 52
18
19
20
21
22
23
24
25
26
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
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City
of Carlsbad on the 27**^ day of August, 2013, by the following vote to wit:
AYES:
NOES:
Council Members Hall, Packard, Wood, Blackburn and Douglas.
None.
ABSENT: None.
ABSTAIN: None.
APPROVED AS TO FORM AND LEGALITY
CELIA A. BREWER, City Attorney
MATT HALL, Mayor
ATTEST:
BARBARA ENGLESON, @fy Clerk