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Home My WebLink AboutGPA 11-05; CUP Code Amendments; General Plan Amendment (GPA) (3)^ CITY OF CARLSBAD LAND USE REVIEW APPLICATION P-1 Development Services Planning Department 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov APPLICATIONS APPLIED FOR: (CHECK BOXES) Development Permits (FOR DEPT USE ONLY) Legislative Permits I I Administrative Pemiit CD General Plan Amendment I I Coastal Development Permit (*) OMinor (FOR DEPT. USE ONLY) I I Conditional Use Permit (*) O Minor O Extension I I Environmental Impact Assessment I I Habitat Management Permit O Minor I I Hillside Development Permit (*) I I Planned Development Permit O Residential O Non-Residential I I Planned Industrial Permit I I Planning Commission Determination I I Site Development Plan I I Special Use Pennit I I Tentative Tract Map I I Variance [^Administrative [7] Local Coastal Program Amendment (*) JjC^J{ 0^'^^' I I Master Plan | [Amendment I I Specific Plan | [Amendment I I Zone Change (*) [71 Zone Code Amendment List other applications not soecified • • • (*) = eligible for 25% discount m 09-03 NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS BE FILED, MUST BE SUBMITTED PRIOR TO 3:30 P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION BE FILED, MUST BE SUBMITTED PRIOR TO 4:00 P.M. ASSESSOR PARCEL NO(S).: Citywide PROJECT NAME: CUP Code Amendments BRIEF DESCRIPTION OF PROJECT: Miscellaneous revisions to the Zoning Code regarding the regulation of conditional uses. OWNER NAME (Print): n/a APPLICANT NAME (Print): City of Cadsbad MAILING ADDRESS: MAILING ADDRESS: CITY, STATE, ZIP: CITY, STATE, ZIP: TELEPHONE: TELEPHONE: EMAIL ADDRESS: EMAIL ADDRESS: 1 CERTIFY THAT 1 AM THE LEGAL OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. 1 CERTIFY THAT 1 AM THE LEGAL REPRESENTATIVE OF THE OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. SIGNATURE DATE SIGNATURE DATE P-1 Page 1 of 5 Revised 04/09 BRIEF LEGAL DESCRIPTION: n/a Citywide LOCATION OF PROJECT: n/a STREET ADDRESS ON THE: (NORTH, SOUTH, EAST, WEST) SIDE OF (NAME OF STREET) BETWEEN (NAME OF STREET) AND (NAME OF STREET) IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS, DESIGN REVIEW BOARD MEMBERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. 1/WE CONSENT TO ENTRY FOR THIS PURPOSE. NOTICE OF RESTRICTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING RECORDED ON THE TITLE TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH THE LAND AND BIND ANY SUCCESSORS IN INTEREST. PROPERTY OWNER SIGNATURE FOR CITY USE ONLY RECEIVED OCT P 8 2009 CITYOFCARLSBAD PLANNING DEPT DATE STAMP APPLICATION RECEIVED RECEIVED BY: p-1 Page 2 of 5 Revised 04/09 The Coa^News Decreed A Legal Newspaper by the Superior Court of San Diego County. Mail all correspondence regarding public notice advertising to The Coast News, P.O. Box 232550, Encinitas, CA 92023 (760) 436-9737 Proof of Publication STATE OF CALIFORNIA, ss COUNTY OF SAN DIEGO, I am a citizen of the United States and a resident of the county aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am principal clerk of the printer of The Coast News, a newspaper printed and published weekly and which news- paper has been adjudged a newspaper of general circulation for the cities of Del Mar, Solana Beach, Encinitas/Cardiff, Cadsbad, Oceanside, and the County Judicial District by the Superior Court of the State of California, County of San Diego (8/4/94, #677114, B2393, P396); and that the notice, of which the annexed is a printed copy, has been published in, each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: Julv 12. 2013 I certify under penalty of perjury that the foregoing is true and correct. Executed at Encinitas, County of San Diego, State of California on this 12th of July 2013. / Clerl^y^ the Printer Space above for County Clerk's Filing Stamp CITY jH« CARLSBAD NOTICE OF PUBLIC HEARING NOTICE IS HEREBY QIVEN to yOu, b«cause your Interest may be affected, that the City Council of tha Oty of CarlstMd will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Tuesday, July 23, 2013, to consider approval of a General Plan Amendment, Zone Code Amendment, and Local Coeistal Proqram Amendment to simplify and streamline the development review process for con- ditional use permits in the nonresidehtlal zones by reassigning the approval authority to the lowest appropriate decision-maker, to amend the text of the General Plan and Zoning Ordinance to provide greater flexibility for a variety of conditional uses In the nonresidential zones, and to amerid the Commercial Visitor- Serving Overlay Zone to address minor miscellaneous amend- ments relating to decision-making authority fbr conditional uses. Whereas, on May 1, 2013 the City of Carlsbad Planning Commission voted 7-0 to recommend approval of a General Plan Amendment, Zone Code Amendment, and Local Coastal Program Amendment to simplify and streamline the development review process for conditional use' permits In the nonresidential zones by reassigning the approval authority to the lowest appro- priate decision-maker, to amend the text of the General Plan and Zoning Ordinance to provide greater flexibility for a variety of con- ditional uses in the nonresidential zones, and to amend the Commerciai Visitor-Serving Overlay Zone to address minor mis- cellaneous amendments relating to decision-making authority for conditional uses. Those persons wishing to speak on this proposal are corelially invited to attend the public hearing. Copies of the agenda bill will be available on and after July 19, 2013. If you have any ques- tions, pleasexontact Shannon Werneke in the Planning Division at (760) 602-46^1 or shanhon.wernekeecarlsbadca.gov. If you challenge the General Plan Amendment, Zone Code Amendment and/or Local Coastal Program Amendment in court, you may be limited to raising only those issues you or someone else raised at the public hearing ascribed in this notice or in writ- ten con'espondence delivered to the City of Carlsbad, Attn: City Clerk's Office, 1200 Carlsbad ViHage Drive, Carlsbad, CA 92008, at or prior to the public hearing. CASE FILE: GRA 11 -05/ZCA 09-03/LCRA 09-02 CASE NAME: CUP CODE AMENDMENTS PUBUSH: July 12, 2013. CITYOFCARLSBAD CITY COUNCIL . 07/12/13 CN 15182 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you, because your interest may be affected, that ttie City Council of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Tuesday, .luly 23, 2013, to consider approval of a General Plan Amendment, Zone Code Amendment, and Local Coastal Program Amendment to simplify and streamline the development review process for conditional use permits in the nonresidential zones by reassigning the approval authority to the lowest appropriate decision-maker, to amend the text ofthe General Plan and Zoning Ordinance to provide greater flexibility for a variety of conditional uses in the nonresidential zones, and to amend the Commercial Visitor-Serving Overlay Zone to address minor miscellaneous amendments relating to decision-making authority for conditional uses. Whereas, on May 1, 2013 the City of Carisbad Planning Commission voted 7-0 to recommend approval of a General Plan Amendment, Zone Code Amendment, and Local Coastal Program Amendment to simplify and streamline the development review process for conditional use permits in the nonresidential zones by reassigning the approval authority to the lowest appropriate decision-maker, to amend the text of the General Plan and Zoning Ordinance to provide greater flexibility for a variety of conditional uses in the nonresidential zones, and to amend the Commercial Visitor-Serving Overlay Zone to address minor miscellaneous amendments relating to decision-making authority for conditional uses. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the agenda bill will be available on and after July 19, 2013. If you have any questions, please contact Shannon Werneke in the Planning Division at (760) 602-4621 or shannon, werneke i:f'carlsbaclca.u.ov. If you challenge the General Plan Amendment, Zone Code Amendment and/or Local Coastal Program Amendment in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad, Attn: City Clerk's Office, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, at or prior to the public hearing. CASE FILE: GPA 11-05/ZCA 09-03/LCPA 09-02 CASE NAME: CUP CODE AMENDMENTS PUBLISH: July 13, 2013. CITY OF CARLSBAD CITY COUNCIL City of Carlsbad Office ofthe City Clerk 1200 Carlsbad Village Drive Carlsbad, California 92008-1949 CITYOFCARLSBAD PROJECT PLANNER U.S. B) I'l u ru mtti m. 1 LTI m •2S1'; CD •2S1'; EO ; zr ru ru 1-^ a Bi;!um 1 CD (Entlorsijrnc 1 ca Fiestncted • ( (Endoi?<)m6 t CD JD Tctai PoS' HI 'St'hnS ru Sfreet, Apt. N C3 P- orPOBoxN: Cily. State, /I PS Forin 380( ' I I (le (-•ry -ae VM lilt It Iiir I'!!; M RECEIPT ranee Coverage P ded) website at www.usps.comti Postmark Here California Coastal Commission Attn: Kanani Brown Suite 103 7575 Metropolitan Drive San Diego, CA 92108-4402 ee Reverse tor Instructions ^ 1 SENDER: CO/WPLETE TH/"^ ..CTION COIVIPLETE THIS SECTIOI^ ON PFyVERY • Complete items 1, 2, ancW^lso complete Item 4 if Restricted Delivery Is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. A Signature ^P^r Y \yj/L^ • Agent ^ JC^^V \ ^ ^ • Addressee • Complete items 1, 2, ancW^lso complete Item 4 if Restricted Delivery Is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. B. Received by {Printed Name) C, Date of Delivery 1. Article Addressed to: California Coastal Commission Attn: Kanani Brown Suite 103 VC7^ I\/lQtrr\nr\lifon r\ri\/ca D. Is delivery address different from Item 17 tJ Yes^ If YES, enter delivery address below: • No / \j 1 D IVItrll UfJUIIldli L/llVc l- San Diego, CA 92108-4402 3. Service iype ^^djCertlfled Mall • Express Mall • Registered ^Sjtetum Receipt for Merehandlse • Insured Mall • COD. / \j 1 D IVItrll UfJUIIldli L/llVc l- San Diego, CA 92108-4402 4. Restricted Delivery? (Extra Fee) • Yes 2-^'''^Number -jg^g QQQ-^ g^Hfl 6355 PS Form 3811, February 2004 Domestic Retum Receipt 102595<I2«I-15401 UNITED STATJ STAL SERVICE First-Class Mail Postage & Fees Paid USPS Permit No. G-10 • Sender: Please print your name, address, and^^h^^cLthis^ox • CITY OF CARLSBAD L ^PR Q Q , PLANNING DEPARTR||M%//i^,., <0l3 1635 FARADAY AVENUt^-^^'^/I/?/,!,; CARLSBAD, CA 92008-731^ ^PA \l-oS. K'qViag^f^^bllSr l^'t^/s^/J i.i,n,jj|),|ji|.|),i,,)i||jii|.i,.j,i,,i),i)j,i.i,,,„,,),,„„| ^ w - FILE COPY V CARLSBAD Community & Economic Development www.carlsbadca.gov NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you that the Planning Commission of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Wednesday, April 17, 2013, to consider a request for the following: CASE NAME: GPA 11-05/ ZCA 09-03/ LCPA 09-02 - Cup Code Amendments PUBLISH DATE: April 5, 2013 DESCRIPTION: A request for a recommendation of approval of a General Plan Amendment, Zone Code Amendment, and Local Coastal Program Amendment to simplify and streamline the development review process for conditional use permits in the nonresidential zones by reassigning the approval authority to the lowest appropriate decision-maker, to amend the text ofthe General Plan and Zoning Ordinance to provide greater flexibility for a variety of conditional uses in the nonresidential zones, and to amend the Commercial Visitor-Serving Overlay Zone to address minor miscellaneous amendments relating to decision-making authority for conditional uses. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing and provide the decision makers with any oral or written comments they may have regarding the project. Copies of the staff report will be available online at http://www.carlsbadca.gov/citvhall/meetinRs/PaRes/meeting-videos.aspx on or after the Friday prior to the hearing date. If you have any questions, or would like to be notified of the decision, please contact Shannon Werneke in the Planning Division at (760) 602-4621, Monday through Thursday 7:30 a.m. to 5:30 p.m., Friday 8:00 a.m. to 5:00 p.m. at 1635 Faraday Avenue, Carlsbad, California 92008. APPEALS The time within which you may judicially challenge these projects, if approved, is established by State law and/or city ordinance, and is very short. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad at or prior to the public hearing. • Appeals to the Citv Council: Where the decision is appealable to the City Council, appeals must be filed in writing within ten (10) calendar days after a decision by the Planning Commission. CITY OF CARLSBAD PLANNING DIVISION ^ Planning Division Mm 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 © Easy Peel® Labels Use Avery® Template 5160® BARONA GROUP OF THE CAPITAN GRANDE EDWIN ROMERO, CHAIRPERSON 1095 BARONA RD U\KESIDE CA 92040 Bend along line to expose Pop-up Edge™ BUREAU OF INDIAN AFFAIRS 2800 COTTAGE WAY SACRAMENTO CA 95825 AVERY® 5160® BUSINESS, TRANS & HSG AGENCY STE 2450 980 NINTH ST SACRAMENTO CA 95814 CA COASTAL COMMISSION STE 103 7575 METROPOUJANUR SAN DiEfie-c^ioa CA DEPT OF TRANSPORTATION DISTRICT 11 - DIVISION OF PLANNING/DEVELOPMENT REVIEW 4050 TAYLOR STREET, MS-240 SAN DIEGO CA 92110 CANNEL ISLANDS NATL PARK SUPERINTENDENTS OFFICE 1901 SPINNAKER DR SAN GUENA VENTURA CA 93001 CITY OF ENCINITAS 505 S VULCAN AV ENCINITAS CA 92024 COASTAL CONSERVANCY STE 1100 1330 BROADWAY OAKLAND CA 94612 COUNTY OF SD SUPERVISOR RM 335 1600 PACIFIC SAN DIEGO CA 92101 DEPT OF DEFENSE LOS ANGELES DIST ENG PO BOX 2711 LOS ANGELES CA 90053 DEPT OF ENERGY STE 400 611 RYAN PLZ DR ARLINGTON TX 760114005 DEPT OF FISH & GAME ENV SERV DIV PO BOX 944246 SACRAMENTO CA 942442460 DEPT OF FOOD & AGRICULTURE AGRICULTURAL RESOURCES RM100 1220 NST SACRAMENTO CA 95814 DEPT OF FORESTRY ENV COORD PO BOX 944246 SACRAMENTO CA 942442460 DEPT OF HOUSING & URBAN DEV REGION IX ENVIRONMENTAL OFFICER 611 WEST SIXTH ST, STE. 811 LOS ANGELES CA 90017 DEPT OF JUSTICE DEPT OF ATTY GEN RM700 110 WEST A ST SAN DIEGO CA 92101 FED AVIATION ADMIN WESTERN REG PO BOX 92007 LOS ANGELES CA FEDERAL ENERGY REGULATORY COMMISSION 1001ST ST, STE 2300 SAN FRANCISCO CA 941053084 MARINE RESOURCES REG DR & G ENV SERVICES SPR STEJ 4665 UMPSON AVE LOS AUi^MITOS CA 907205139 OFF OF PLANNING & RESEARCH OFF OF LOCAL GOV AFFAIRS PO BOX 3044 SACRAMENTO CA 958123044 SAN FRANCISCO BAY CONSERV & DEV COM STE 2600 50 CALIFORNIA ST SAN FRANCISCO CA 941114704 SANDAG EXEC DIRECTOR STE 800 1ST INTL PLZ 401 BST SAN DIEGO CA 92101 STATE LANDS COMMISSION STE 1005 100 HOWE AV SACRAMENTO CA 958258202 SD COUNTY PLANNING & LAND USE I STE 310 5510 Oy^Bts'CfTD AVE SAM-dlEGOCA 921231239 US ARMY CORPS OF ENGINEER 1455 MARKET STFL17 SAN FRANCISCO CA 94103 SDGE 8315 CENTURY PARK CT SAN DIEGO CA 92123 US BUREAU OF LAND MGMT STE RM W 2800 COTTAGE WY SACRAMENTO CA 95825 US BUREAU OF RECLAMATION 27708 JEFFERSON AVE, STE 202 TEMECUW CA 92590 US FISH & WILDLIFE SERVICES 2800 COTTAGE WAY STE W-2605 SACRAMENTO CA 95825 USDA RURAL DEVELOPMENT DEPT 4169 430 G ST DAVIS CA 95606 Etiquettes faciles a peler Utilisez le aabarit AVERY® 5160® A Sens de Repiiez a la hachure afin de | reveler le rebord Pop-uo™ I www.avery.com 1-800-GO-AVERY WATER RESOURCES CONTROL BOARD PO BOX 100 SACRAMENTO CA 95801 CARLSBAD UNIFIED SCHOOL DISTRICT 6225 EL CAMINO REAL CARLSBAD CA 92011 SAN MARCOS SCHOOL DISTRICT STE 250 255 PICO AV SAN MARCOS CA 92069 ENCINITAS SCHOOL DISTRICT 101 RANCHO SANTA FE RD ENCINITAS CA 92024 SAN DIEGUITO SCHOOL DISTRICT 710 ENCINITAS BLVD ENCINITAS CA 92024 LEUCADIA WASTE WATER DISTRICT TIM JOCHEN 1960 LA COSTA AV CARLSBAD CA 92009 OLIVENHAIN WATER DISTRICT 1966 OLIVENHAIN RD ENCINITAS CA 92024 CITY OF ENCINITAS 505 S VULCAN AV ENCINITAS CA 92024 CITY OF SAN MARCOS 1 CIVIC CENTER DR SAN MARCOS CA 92069-2949 CITY OF OCEANSIDE 300 NORTH COAST HWY OCEANSIDE CA 92054 CITY OF VISTA 200 CIVIC CENTER DR VISTA CA 92084 STATE OF CALIFORNIA DEPT OF FISH AND WILDLIFE 3883 RUFFIN RD SAN DIEGO CA 92123 VALLECITOS WATER DISTRICT 201 VALLECITOS DE ORO SAN MARCOS CA 92069 REGIONAL WATER QUALITY STE 100 9174 SKY PARK CT SAN DIEGO CA 92123-4340 I.P.U.A. SCHOOL OF PUBLIC ADMIN AND URBAN STUDIES SAN DIEGO STATE UNIVERSITY SAN DIEGO CA 92182-4505 SD COUNTY PLANNING STE 310 5510 OVERLAND AV SAN DIEGO CA 92123-1239 SAN DIEGO LAFCO STE 200 9335 HAZARD WAY SAN DIEGO CA 92123 U.S. FISH & WILDLIFE 6010 HIDDEN VALLEY RD CARLSBAD CA 92011 AIR POLLUTION CONTROL DISTRICT 10124 OLD GROVE RD SAN DIEGO CA 92131 CA COASTAL COMMISSION ATTN KANANI BROWN STE 103 7575 METROPOLITAN DR SAN DIEGO CA 92108-4402 SANDAG STE 800 401 B ST SAN. CA 92101 AIRPORT LAND USE COMMISSION SAN DIEGO CO. AIRPORT AUTHORITY PO BOX 82776 SAN DIEGO CA 92138-2776 CARLSBAD CHAMBER OF COMMERCE 5934 PRIESTLEY DR CARLSBAD CA 92008 Easy Peel® Labels Use Avery® Template 5160® BEERY GROUP, INC. BEERY, JOHN STE D 2091 LAS PALMAS CARLSBAD CA 92011 SDA ARCHITECTS & DESIGNERS BAKER, JANET STE 260 4 VENTURE IRVINE CA 92618 STARK ARCHITECTURE & PLANNING STARCK, JAMES STE 100 2045 KETTNER BLVD SAN DIEGO CA 92101 HOWES WEILER & ASSOCIATES HOWES, MIKE STE 217 2888 LOKER AVENUE EAST CARLSBAD CA 92010 Bend along line to expose Pop-up Edge™ MCARDLE ASSOCIATES ARCHITECTS MCARDLE, ED STE 250 2173 SALK AVE CARLSBAD CA 92008 SILLMAN WRIGHT ARCHITECTS WRIGHT, ROD STE 400 7515 METROPOLITAN DR SAN DIEGO CA 92101 THE MCKINLEY ASSOCIATES MCKINLEY, KIRK STE 200 1818 1ST AVE SAN DIEGO CA 92101 HUNSAKER & ASSOCIATES WILLIMAN, LEX 9707 WAPLES ST SAN DIEGO CA 92121 AVERY®-5160®'. 1 k PAUL LONGTON ARCHITECT LONGTON, PAUL 2909 MESA DR OCEANSIDE CA 92054 SMITH CONSULTING ARCHITECTS LANGAN, MARK STE 215 13280 EVENING CREEK DRIVE SAN DIEGO CA 92128 HOFMAN PLANNING & ENGINEERING HOFMAN, BILL STE 1 3156 UONSHEAD AV CARLSBAD CA 92008 JACK HENTHORN & ASSOCIATES HENTHORN, JACK PO BOX 237 CARLSBAD CA 92018 LADWIG DESIGN GROUP BOB LADWIG 2234 FARADAY AV CARLSBAD CA 92008 SEA BRIGHT COMPANY SUKUP, ROBERT 4322 SEA BRIGHT PL CARLSBAD CA 92008 BROOKFIELD TAMARACK LLC PEVNEY, ADAM STE 200 12865 POINTE DEL MAR DEL MAR CA 92014 BRE COMMERCIAL SCHIFF, BRUCE & VISSER, DENNIS STE 100 1000 AVIARA PKWY CARLSBAD CA 92011 URBAN WEST STRATEGIES DE RIENZO, DAVID 936 E SANTA ANA BLVD SANTA ANA, CA 92701 GRANT TUCKER PROPERTIES 1 UPPER NEWPORT PLAZA NEWPORT BEACH CA 92660 O'DAY CONSULTANTS O'DAY, PAT STE 100 2710 LOKER AVE CARSLBAD CA 92010 THE LIGHTFOOT PLANNING GROUP GUNTER, ANN STE 110 5900 PASTEUR COURT CARLSBAD CA 92008 COLRICH COMMUNITIES GABRIEL, GRAEME STE 100 4747 MORENO BL SAN DIEGO CA 92117 CARLTAS COMPANY CALKINS, CHRIS STE 100 5600 AVENIDA ENCINAS CARLSBAD CA 92008 HG FENTON COMPANY JONES, ALLEN STE 200 7577 MISSION VALLEY RD SAN DIEGO CA 92108 SUDBERRY PROPERTIES SUDBERRY, COLTON STE 260 5465 MOREHOUSE DR SAN DIEGO CA 92121 PLANNING SYSTEMS KLUKAS, PAUL STE 100 1530 FARADAY AVE CARLSBAD CA 92008 BA WORTHING, INC WORTHING, BROOKS PO BOX 1041 CARLSBAD CA 92018 MCMILLIN LAND DEVELOPMENT BRIAN MILICH 2750 WOMBLE RD SAN DIEGO CA 92106 FORD MANCE MONTAGUE, LUKE PO BOX 910 CARDIFF CA 92007 RYAN COMPANIES US, INC CAREFOOT, CHUCK 6134 INNOVATION WAY CARLSBAD CA 92009 THOMAS ENTERPRISES KUHNEL, MEL 3604 CARLETON ST SAN DIEGO CA 92106 Etiquettes faciles a peler Utilisez le qabarit AVERY® 5160® Sens de Repiiez k la hachure afin de | r6v6ler le rebord Pop-up^" I www.avery.com 1-800-GO-AVERY WESTFIELD CORP FITCHITT, GREG STE 1700 225 BROADWAY SAN DIEGO CA 92101 M&M TELECOM INC MUNSON, DOUG PO BOX 55 POWAY CA 92074 INDUSTRIAL ENVIRONMENTAL ASSOCIATION KREBS, PATTI STE 900 110 WEST CST SAN DIEGO CA 92101 PREMIER COMMUNITY SERVICES SALAS, SHAWNA 5661-A PALMER WY CARLSBAD CA 92010 GRAND PACIFIC RESORTS STRIPE, TIM STE 200 5900 PASTEUR CT CARLSBAD CA 92008 AT&T c/o PLANCOM INC PATTERSON KRYSTAL 302 STATE PL ESCONDIDO CA 92029 WALTERS MANAGEMENT COWAN, VICTORIA 6726 ARBOR ROSE DR CARLSBAD CA 92009 NN JAESCHKE HEGWOOD, RANDY 9610 WAPLES ST SAN DIEGO CA 92121 WAVE CREST RESORTS CANEPA, BILL STE A 829 SECOND ST ENCINITAS CA 92024 BUILDING INDUSTRY ASSOCIATION MCSWEENEY, MIKE STE 110 9210 SPECTRUM CENTER BLVD SAN DIEGO CA 92123 CARLSBAD AIRPORT CENTRE 2006 PALOMAR AIRPORT RD CARLSBAD CA 92011 A r:r1:ce has beon property ov/iicr;,.< H,-;ted herein. 4^^^ CITY OF vIcARLSBAD Community & Economic Development www.carlsbadca.gov PLANNING COMMISSION NOTICE OF DECISION May 2, 2013 City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 SUBJECT: GPA 11-05/ZCA 09-03/LCPA 09-02 - CUP CODE AMENDMENTS At the May 1, 2013 Planning Commission meeting, your application was considered. The Commission voted 7-0 to recommend approval of your request. The decision of the Planning Commission is advisory and will be forwarded to the City Council. If you have any questions regarding the final dispositions of your application, please contact your project planner Shannon Werneke at (760) 602-4621 or shannon.werneke@carlsbadca.gov. Sincerely, DON NEU, AlCP City Planner DN:SW:bd c: Data Entry File Planning Division 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® The Co(M News Decreed A Legal Newspaper by the Superior Court of San Diego County. Mail all correspondence regarding public notice advertising to The Coast News, P.O. Box 232550, Encinitas, CA 92023 (760) 436-9737 Proof of Publication STATE OF CALIFORNIA, ss. COUNTY OF SAN DIEGO, I am a citizen of the United States and a resident of the county aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am principal clerk of the printer of The Coast News, a newspaper printed and published weekly and which news- paper has been adjudged a newspaper of general circulation for the cities of Del Mar, Solana Beach, Encinitas/Cardiff, Carlsbad, Oceanside, and the County Judicial District by the Superior Court of the State of California, County of San Diego (8/4/94, #677114, B2393, P396); and that the notice, of which the annexed is a printed copy, has been published in, each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: April 05. 2013 I certify under penalty of perjury that the foregoing is true and correct. Executed at Encinitas, County of San Diego, State of California on this 5th of April 2013. Clerk of the Printer Space above for County Clerk's Filing Stamp CITY OF CARLSBAD PIANNINO COMMISSION PUBUC HEAPINQ NOTICE IS HEREBY GIVEN to you, tiecause your Interest may be affected, that the Planning Commission of the City of Carlst>ad will hold a public hearing at the Council Chamt)ers, 1200 Carlsbad Village Drive, Carlisbad, California, at 6:00 p.m. on Wednesday, Apnl 17,2013, to consider the following: GPA 11-05/ ZCA 094)3/ LCPA 0»02 - CUP COPE AMENP- MENTS - A request for a recommendation of approval of a General Plan Amendment, Zone Code Amendment, and Local Coastal Program Amendment to simplify and streamline the development review process for conditional use permits in the nonresldejitlal zones by reassigning the approval authority td the lowest appropriate decision-maker, to amend the text of the General Plan and Zoning Ordinar)ce to provide greater flexibil- ity for a variety of conditional uses in the nonresidential zones, and to amend the Commercial Visitor-ServingOnrlay Zone to address minor miscellaneous amendments relating to deci- sion-making authority for conditional uses. The project is exempt from the California Environmental Quality Act. If you challenge these projects in court, you may t>e limited to raising only those issues you or someone else raised at the public hearing described in this notice or In written correspon-dence delivered to the City of Carlsbad at or prior to the-public hearing. Copies of the environmental documents are available at the Planning Division at 1635 F^araday Avenue during regular busi- ness hours from 7:30 ani to 5:30 pm Monday through Thursday and 8:00 am to 5:00 pm Friday. Those persons wishing to speak on these proposals are cor-dially invited to attend the public hearing. Copies of ttie staff reports will be availat>le online at http://carisbad.granicus.com/ViewPubllsher.DhD7vlew M=6 on or after the Prklay prior to the hearing date. If you have any questions, please call the Planning Division at (760) 602-4600. PUBLISH: Aprils, 2013 CITY OF CARLSBAD PLANNING DIVISION 04/05/13 CN 14^12 j This space is ^o^f^ County Clerk's Filing Stamp PROOF OF PUBLICATION (2010 & 2011 C.C.P.) STATE OF CALIFORNIA County of San Diego I am a citizen of the United States and a resident of the County aforesaid: I am over fha.^na eighteen years and not a party to or ii: the above-entitled matter. I am the pr of the printer of North County Times Formerly known as the Blade-Citizen Times-Advocate and which newspapers; adjudicated newspapers of general cir the Superior Court of the County of State of California, for the City of Oce the City of Escondido, Court Decr€ 171349, for the County of San Diegc notice of which the annexed is a printe in type not smaller than nonpariel), published in each regular and entire is: newspaper and not in any supplement the following dates, to-wit: CiTY OF CARLSBAD! APR 03 20 !l ! PI-ANNIN(3UtPAm^;Enfi Proof of Publication of PLANNING CQMMIS^N l»UBI NOTICE IS HEREBY GIVEN to you, because yoiu- Interest may be Bffieted, ttutt the Plan- ning Commission of the City of Carlsbad will hold a public heariftdi*'t(»Cc^cn Chain- bers, 1200 Cartsbad Village Drive, Cartsbad, California, at«:00#iM^i,^ W«lcMesday, April 17, 2013, to consider the following: QPA11 -OS/ ZCA 08-03/ LCPA 09.02 - CUP CODE A^«NPMBIIT8 - A request for a rec- ommendation of approval of a General Plan Amendment, Zone Code Amendment, and Local Coastal Ptx^ram Amendment to simplify and streamline the development review process for conditional use permits in the nonresidential zones by reassigning the ap- proval authority tci the lowest appropriate deblsion-maker, to amend the text of the Gen- eral Plan and Zoning Ordinance to provide greater flexibility for a valety of conditional uses in the nonresidential zones, and to amend the Comrtieroiai Vis$tor-Sen/lng Overlay Zone to address minor miscellaneous amendments relatlngto decision-making authority for conditional uses. ) . The project is exempt franv.th^ California Environmental Quality Apt. April 05*^, 2013 If you challenge these projects in court, yoo nyiy be limited toraisir^ only thcee issues you or someone else raised atthe public heaiti«Er described tn this nottoa or In iMiBn cor- respondartce delivered m the City of Carisbwi at or prior to the public |^| Copies of the envlroni«iital documents are available at th»' Plinh!|»g Faraday Avenue during r«lgular business hckirS^tom 7:30 am. t» ra0^^f^ I Thursday and 8:00 am to 5:00 pm Fridaifc '» Those fJersons wishing to speak on these pr^sals are cordially Invhed to attend the public hearing. Copies of the staff reports will be available online at httpy/calsbad.granlr r^ua nnm/vlewPiihiishar.phD?vlew 1d-6 On OT after the Friday prior to the hearing date, if you have any questions, please call the Planning Division at (760) 602-4600. ik>n at 1635 bnday through PUBLISH: April 5, 2013 CITY OF CARLSBAD I certify (or declare) under penalty of p the foregoing is true and correct. Dated at Escondido, California On This QS^i, day April, 2013 Jane Allshouse NORTH COUNT*' TII^IES Legal Advertising This space is for the County Clerk's Filing Stamp PROOF OF PUBLICATION (2010 & 2011 C.C.P.) STATE OF CALIFORNIA County of San Diego CITY OF CARLSSAD JUN 2 • 'mi PLANNING OEPAHI fyieWT Proof of Publication of I am a citizen of the United States and a resident of the County aforesaid: I am over tl eighteen years and not a party to or int the above-entitled matter. I am the prin of the printer of North County Times Formerly known as the Blade-Citizen Times-Advocate and which newspapers \ adjudicated newspapers of general circi the Superior Court of the County of S State of California, for the City of Ocea the City of Escondido, Court Decree 171349, for the County of San Diego, notice of which the annexed is a printed in type not smaller than nonpariel), published in each regular and entire issi newspaper and not in any supplement t the following dates, to-wit: June 15* 2012 TO INTERESTED PARTIES: Please be advised that the City of Carlsbad is considering text amendments to Its Local Coastal Program (LCP) as summarized below. The amendments are being proposed by the aty of Carlsbad and are currently under review. This notice hereby opens a six week review period after which the Planning Commission and City Council will omslder all comments and act on the proposed amendments. The Planning Commission hearing- is expected to take place in August 2012 and will be duly noticed. The City Council hearing is expected to take place in September 2012 and will be duly noticed. Cortes of the US'amendnwnts are avaHaeie for *^ Division, 1^35 Faraday Avenue; (2) City Clerk's Office, 1266 Carlsbad Village Drive; (3) Carlsbad M^in Ubrary, 1775 Dove Lane; (4) Georgina Cole Ubrary, 1250 Carlsbad Village Drive; and (5) the Califomia Coastal Commission, 7575 Metropolitan Drive, Suite 103, San Dlego, CA 92108-4402. PROPOSED LCP AMENDMENT SUMMARY: LCPA 09-02-^OUP Code Anrandntgr^ The project consists of an amendment to the city of Carlsbad Zoning Ordinance. Theclty's Zoning Ordinance is the implementing ordinance for the city's Local Coastal Program, Accordingly, this Local Coastal Program Amendment is necessary to ensure consistency between the proposed amended Zoning Ordinance and the Local Coastal Program. The objective of the proposed Zoning Ordinance amendment is to Implement an Initiative identified by the city's Development Review Process (DRP) Worklng.Group to streamline and Improve consistency of ttie city's development permit and approval processes. Specifically, the amendment proposes to reassign ttie approval auttiority to ttie lowest appropriate decision-maker for conditional use permits In ttie nonresldenttal zones, amends the text of ttie Zoning Code to provide greater flexibility for a varied ^ condttkmal uses in ttie nonresidential zones, ?ind amends ttie Commercial WsitOT'ServIng Overlay Zone to address minor additional miscellaneous amendments relating to decision-making authority for conditional uses. nptaiieri summaries of the proposed amendment are provided on ttie City of Carlsbad website at I certif/ (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Escondido, California On This IsHUlsy June 2012 Jane Allshouse NORTH COUNTr' TIMES Legal Advertising The Coast News Decreed A Legal Newspaper by the Superior Court of San Diego County. Mail all correspondence regarding public notice advertising to The Coast News, P.O. Box 232550, Encinitas, CA 92023 (760) 436-9737 Proof of Publication STATE OF CALIFORNIA, ss. COUNTY OF SAN DIEGO, I am a citizen of the United States and a resident of the county aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am principal clerk of the printer of The Coast News, a newspaper printed and published weekly and which news- paper has been adjudged a newspaper of general circulation for the cities of Del Mar, Solana Beach, Encinitas/Cardiff, Carlsbad, Oceanside, San Marcos/Vista and the County Judicial District by the Superior Court of the State of California, County of San Diego (8/4/94, #677114, B2393, P396); and that the notice, of which the annexed is a print- ed copy, has been published in, each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: June 15. 2012 1 certify under penalty of perjury that the foregoing is true and correct. Executed at Encinitas, County of San Diego, State of Califoima on this 15th ofjune 2012. rk of the Printer CiTY OF CARLSBAD JUN 20 2012 PLANNING OEPAHi^ENTi Space above for County Clerk's Filing Stamp <^^F CARLSBAD PUBLIC NOTICE to WTERBiisO PARTIES: Plaase be (LCP) as the Clbof Caitabad Isconsldailng taxiaowndments to Its Local Coastal Program below. The This notice lexptjdEKtltil ants are being praboaed tiy the City df Cartsbad and are cur-opens a six wMak review period trftor which the Planning tr aN GHnnenls;«id act on me proposed amendments. The ..4ticitaM titea« )irAuaist2012aiMl wlHbedulynotic^^ The ) piiKie in St^tarrlbar 21)12 and wW be duly noticed. of iw LCr* afliendments are au*8ri>le for review at the •^FaeadiayAveni • ' — Q|mnS£m75^^^lil^^gS^^ Sah Diego, C^92T08^2. (5)t PROPOSED LCP AMENDMErrr SUMMARY: LCPA 09-02 - CUP (lode Amendments The project consists of an Mnandmant to ttie Cto of X^artsbad Zoning Ordinance. The city's Zoning Ordinance Is the inplementlng ordl(liance for tbe oy's.LoeACbastalJ^Fograro. Aoconllng|y, this Local Coastal Pragram AiliendtMrrt lsi4«|oslM()£l» urmm ciSljelity ftetwMfi' the propos^i amended ZooKs OrdESnce; and the LeoakiSiti n%am. ^ ' , The oUacDye of the lproposed 26nih9 OrAMnci alWenCWiem ii to Implement an initiative identmed by jhei^DevefopBwWRe^w^^ the cto^dewrtownejrt pamll «4«M>Sr«l sign die approval aulhodty to ttie lowest afi nonrasidenlialzonesi amaMs the text of ttie . dllioMl.uses In ttie nonresidenttal zonae, and afflomto addiws n^nor addWdnal miscellanebus amendments al uses.. . I- * 4* **? Delayed summaries of the prapesed amendmi www.caitsbadca.aov4>lantiig (look uMSrrRelal to alMainllna and Improve consistency of " " the afflendment proposes to reas-' ' oondlttonal use permits in the srflwdbMty tor a variety of con-Visltor-Servlng Overlay Zone to dedstan-making authority for condltion- akikto ttM City of Cartsbad website at 1 IcUP Code Amendments"). If you have any ((uefettons, please can Shannon Wemeke In ttw Planning Diviston at (760) 602-4621. Written eommenta shoukl be sent to ttie Planning Diviston at 1835 Faraday Avenue, Cartsbad, California 92008, CN 13564 6/15/12 Lin RECEIPT ia\irance Coverage i ided) (E:ndoi emi [Il i^' (|u rod; Restiiiitecl i)i.li\^!ty Fee (E:ni-loi:.3mi ill Ri;(iUir(!dj Totcii i^0Ei;3;ie Sont'fo Street. Apt. No.; or PO Dox Wo. City, State, ZIP* California Coastal Commission Attn: Toni Ross Suite 103 7575 Metropolitan Drive San Diego, CA 92108-4402 pur website at www.usps.com® Postmark Here «I'.C /JofiOL/^ui Postmark Here «I'.C /JofiOL/^ui Postmark Here «I'.C /JofiOL/^ui Postmark Here «I'.C /JofiOL/^ui PS Form 3800. August 2005 GC HcversG for inslrLiciic SENDER: COMPLETE THIS SECTION Complete Items 1, 2, andSHso complete Item 4 If Restricted Delivery is desired. Print your name and address on the reverse so that we can return the card to you. Attach this card to the back of the mailpiece, or on the front if space permits. Article Addressed to: California Coastal Commission Attn: Toni Ross Suite 103 7575 Metropolitan Drive San Diego, CA 92108-4402 COMPLETE THIS SECTION O' '^LIVERY • Agent • Adc - isee B. Rece vedJav f Printed/Vame) C./Dataof r D. Is delivery address different frcim Item 1 ? D Yes If YES, enter delivery address tjelow: • No 3. Service Type JB^Certmed Mall • Express Mall • Registered ^(3!Retum Receipt for Merchandise • Insured Mall • COD. 4. Restricted Delivery? (Extra Fee) • Yes 2. Article Number (Transfer from servica labeO 7om aasD •••• am^ TETI UNITED STATE^|^)STAL SERVICE Rrst-<;iass Mail Postage & Fees Paid USPS Pemiit No. G-10 Sender: Please print your name, address, and ZIP+4 in this box • CITYOF CARLSBAD PLAr4NING DEPARTMENT 1635 FARADAYAVENUE CARLSBAD CA 92008-7314 -2. o m m 2: -A LCPA ca-OS. R^hllc tJriHa. /SLJ 0 cr 0 n 0 >• rv: c:.:: 1— CO CD lllllllllllMllllMllll ..II,.1,1.1.,1,1 CARLSBAD FILE COPY Cfi - /a-/^ Community & Economic Development www.carlsbadca.gov PUBLIC NOTICE TO INTERESTED PARTIES: Please be advised that the City of Carlsbad is considering text amendments to its Local Coastal Program (LCP) as summarized below. The amendments are being proposed by the City of Carisbad and are currently under review. This notice hereby opens a six week review period after which the Planning Commission and City Council will consider all comments and act on the proposed amendments. The Planning Commission hearing is expected to take place in August 2012 and will be duly noticed. The City Council hearing is expected to take place in September 2012 and will be duly noticed. Copies ofthe LCP amendments are available for review at the following locations: (1) Carlsbad Planning Division, 1635 Faraday Avenue; (2) City Clerk's Office, 1200 Carlsbad Village Drive; (3) Carlsbad Main Library, 1775 Dove Lane; (4) Georgina Cole Library, 1250 Carlsbad Village Drive; and (5) the California Coastal Commission, 7575 Metropolitan Drive, Suite 103, San Diego, CA 92108-4402. PROPOSED LCP AMENDMENT SUMMARY: LCPA 09-02 - CUP Code Amendments The project consists of an amendment to the City of Carlsbad Zoning Ordinance. The city's Zoning Ordinance is the implementing ordinance for the city's Local Coastal Program. Accordingly, this Local Coastal Program Amendment is necessary to ensure consistency between the proposed amended Zoning Ordinance and the Local Coastal Program. The objective of the proposed Zoning Ordinance amendment is to implement an initiative identified by the city's Development Review Process (DRP) Working Group to streamline and improve consistency of the city's development permit and approval processes. Specifically, the amendment proposes to reassign the approval authority to the lowest appropriate decision-maker for conditional use permits in the nonresidential zones, amends the text of the Zoning Code to provide greater flexibility for a variety of conditional uses in tiie nonresidential zones, and amends the Commercial Visitor-Serving Overlay Zone to address minor additional miscellaneous amendments relating to decision-making authority for conditional uses. Detailed summaries of the proposed amendment are provided on the City of Carlsbad website at www.carlsbadca.gov/planning (look under "Related Topics" for a link to "CUP Code Amendments"). If you have any questions, please call Shannon Werneke in the Planning Division at (760) 602-4621. Written comments should be sent to the Planning Division at 1635 Faraday Avenue, Carlsbad, California 92008. PUBLISH DATE FOR NORTH COUNTY TIMES: June 15, 2012 PUBLISH DATE FOR COAST NEWS: June 15, 2012 Planning Division y&m — 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® Easy Peel® Labels Use AviVy® Teinplate 5160® , Feed Paper Bend along line to expose Pop-up Edge^ AVERY® 5160® ! k BARONA GROUP OF THE CAPITAN GRANDE EDWIN ROMERO, CHAIRPERSON 1095 BARONA RD LAKESIDE CA 92040 BUREAU OF INDIAN AFFAIRS 2800 COTTAGE WAY SACRAMENTO CA 95825 BUSINESS, TRANS & HSG AGENCY STE 2450 980 NINTH ST SACRAMENTO CA 95814 CA COASTAL COMMISSION STE 103 7575 METROPOLITAN DR SAN DIEGO CA 92108 CA DEPT OF TRANSPORTATION DIV OF TRANSPORTATION PLANNING/COMMUNITY PLANNING 1120NST, MS.32-RM.5124 SACRAMENTO CA 94274 CANNEL ISLANDS NATL PARK SUPERINTENDENT'S OFFICE 1901 SPINNAKER DR SAN GUENA VENTURA CA 93001 CITY OF ENCINITAS 505 S VULCAN AV ENCINITAS CA 92024 COASTAL CONSERVANCY STE 1100 1330 BROADWAY OAKLAND CA 94612 COUNTY OF SD SUPERVISOR RM 335 1600 PACIFIC SAN DIEGO CA 92101 DEPT OF DEFENSE LOS ANGELES DIST ENG PO BOX 2711 LOS ANGELES CA 90053 DEPT OF ENERGY STE 400 611 RYAN PLZDR ARLINGTON TX 760114005 DEPT OF FISH & GAME ENV SERV DIV PO BOX 944246 SACRAMENTO CA 942442460 DEPT OF FOOD & AGRICULTURE AGRICULTURAL RESOURCES RM 100 1220 NST SACRAMENTO CA 95814 DEPT OF FORESTRY ENV COORD PO BOX 944246 SACRAMENTO CA 942442460 DEPT OF HOUSING & URBAN DEV REGION IX ENVIRONMENTAL OFFICER 611 WEST SIXTH ST, STE. 811 LOS ANGELES CA 90017 DEPT OF JUSTICE DEPT OF ATTY GEN RM 700 110 WEST A ST SAN DIEGO CA 92101 FED AVIATION ADMIN WESTERN REG PO BOX 92007 LOS ANGELES CA FEDERAL ENERGY REGULATORY COMMISSION 100 1ST ST., STE 2300 SAN FRANCISCO CA 941053084 MARINE RESOURCES REG DR & G ENV SERVICES SPR STEJ 4665 LAMPSON AVE LOS ALAMITOS CA 907205139 OFF OF PLANNING & RESEARCH OFF OF LOCAL GOV AFFAIRS PO BOX 3044 SACRAMENTO CA 958123044 SAN FRANCISCO BAY CONSERV & DEV COM STE 2600 50 CALIFORNIA ST SAN FRANCISCO CA 941114704 SANDAG EXEC DIRECTOR STE 800 1ST INTL PLZ401 BST SAN DIEGO CA 92101 SD COUNTY PLANNING & LAND USE DEPT STE B-5 5201 RUFFIN RD SAN DIEGO CA 92123 SDGE 8315 CENTURY PARK CT SAN DIEGO CA 92123 STATE LANDS COMMISSION STE 1005 100 HOWE AV SACRAMENTO CA 958258202 US ARMY CORPS OF ENGINEER 1455 MARKET ST FL17 SAN FRANCISCO CA 94103 US BUREAU OF LAND MGMT STE RM W 2800 COTTAGE WY SACRAMENTO CA 95825 US BUREAU OF RECLAMATION MID PACIFIC REG 2800 COTTAGE WY SACRAMENTO CA 95825 US FISH & WILDLIFE SERVICES 2800 COTTAGE WAY STE W-2605 SACRAMENTO CA 95825 USDA RURAL DEVELOPMENT DEPT 4169 430 G ST DAVIS CA 95606 itiquettes faciles k peier utilisez le aabarit AVERY® 5160® Sens de Repiiez k la hachure afin de j reveler le rebord POD-UD'^'^ ! www.avery.com 1-800-GO-AVERY Easy Peel® Labels i • — Bend along line to [ AVERY® 6240™ I Use Avery® Template 5160®/8160™ j^^fc Feed Paper expose Pop-up Edge™ j^k \^ v | A notice has been nia;i--d tn WATER RESOURCES CONTROL BOARD , j, p^^p.^^ Owners JcK^t^ POBOX 100 listed herein. ' SACRAMENTO CA 95801 Date: . /;3 . f^-^ P.I . >i ,j ,• itiquettes faciles a peler ; c H Repiiez a la hachiire afin de I www.avery.com ; stale of California—The Resources Agency DEPARTMENT OF FISH AND WILDLIFE 2013 ENVIRONMENTAL FlUNG FEE CASH RECEIPT SEE INSTRUCTIONS ON REVERSE. TYPE OR PRINT CLEARLY RECEiPT# SD2013 0717 STATE CLEARING HOUSE # (ifapplicabie) LEADAGENCY CITY OF CARLSBAD-PLANNING DIVISION DATE 09/06/2013 COUNTY/STATEAGENCY OF FILING SAN DIEGO DOCUMENTNUMBER *20130717* PROJECTTITLE GPA 11-05/ZCA 09-03/LCPA 09-02, CUP CODE AMENDMENTS PROJECTAPPLICANTNAME CITY OF CARLSBAD PHONENUMBER 760-602-4621 PROJECTAPPLICANTADDRESS 1635 FARADAYAVENUE Cirr' CARLSBAD STATE CA ZIPCODE 92008 PROJECTAPPLICANT (Chieck appropnate box): Q Local Public Agency Q School District Q Other Special District • State Agency • Private Entity CHECK APPLICABLE FEES: Q Environmental impact Report • Negative Declaration • Appiication Fee Water Diversion ("Sfafe Water Resources Control Board Only) • Projects Subject to Certified Regulatory Program El County Administrative Fee Q Project that is exempt from fees • Notice of Exemption • DFG No Effect Determination (Form Attached) • Other PAYMENT METHOD: • Cash • Credit • Check • Other 249070 $2,995.25 $2,156.25 $850.00 $1,018.50 $50.00 $50.00 TOTALRECEIVED $50.00 SIGNATURE X V. Orendain TITLE Deputy CrrvOFCABlSBAD OCT 09 2013 I PiANNiNbutPARii^Em lllllllllllllllllllllllllllllllllllllllllllllll ORIGINAL - PROJECT APPLICANT COPY-DFG/ASB COPY-LEAD AGENCY COPY-COUNTY CLERK FG 763,5a (Rev. 7/08) NOTICE OF EXEMPTION To: SDCountyClerk From: CITYOFCARLSBAD „ n n ^ r^ Attn: Jennifer Samuela Planning Division , ^^J^^^^^ Re3erc™. cierk Mail Stop A-33 1635 Faraday Avenue 1600 Pacific Highway Carlsbad CA 92008 3£p 06 20^3 San Diego CA 92101 (760)602-4600 y Qj-gp^g^jp DEPUTY Subject: Filing of this Notice of Exemption is in compliance with Section 21152b of the Public Resources Code (Califomia Environmental Quality Act). Project Number and Title; GPA 11-05/ZCA 09-03/LCPA 09-02. CUP Code Amendments Project Location - Specific; Citywide Project Location - City: Carlsbad Project Location - County; San Diego Description of Project; General Plan Amendment. Zone Code Amendment, and Local Coastal Program Amendment to reassign the approval authority to the lowest appropriate decision-maker for conditional use permits in the nonresidential zones, to amend the text of the General Plan and Zoning Code to provide greater flexibility for a variety of conditional uses in the nonresidential zones, and to amend the Zoning Code to address minor additional miscellaneous amendments relating to conditional uses. Name of Public Agency Approving Project: City of Carlsbad Name of Person or Agency Carrying Out Project; Shannon Wemeke Name of Applicant; same as above Applicant's Address; 1635 Faraday Avenue. Carlsbad. CA 92008 Applicant's Telephone Number; (7601602-4621 FILED IN THE OFFICE OF THE COUNTY CLERK Exempt Status: (Check One) • Ministerial (Section 21080(b)( 1); 15268); San Diego County on bb? 0 6 ZDI3 • Declared Emergency (Section 21080(b)(3); 15269(a)); Posted SFP 0 6 251? Removed OCT Q 7 im • Emergency Project (Section 21080(b)(4); 15269 (b)(c)); Returned to agency on OCT 0 7 2013 • Categorical Exemption - State type and section number: D*puty ___\/ Orgin<^ ' • Statutory Exemptions - State code number:ji/a —r- j- y . Vmlf QnOQlfH — ^ General rule (Section 15061(b)(3)) Reasons why project is exempt: The changes proposed are primarilv 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. Lead Agency Contact Person; Shannon Wemeke Telephone; (760)602-4621 DON NEU, City Planner Date Date received for filing at OPR: Revised 04/12 State of California—The Resources Agency DEPARTMENT OF FISH AND WILDUFE 2013 ENVIRONMENTAL FILING FEE CASH RECEIPT SEE INSTRUCTIONS ON REVERSE. TYPE OR PRINT CLEARLY RECEIPT* SD2G13 0717 STATE CLEARING HOUSE # f/fapp/zcaWe; LEADAGENCY CITY OF CARLSBAD-PLANNING DIVISION DATE 09/06/2013 COUNTY/STATEAGENCY OF FILING SAN DIEGO DOCUMENTNUMBER *20130717* PROJECTTITLE GPA 11-05/ZCA 09-03/LCPA 09-02, CUP CODE AMENDMENTS PROJECTAPPLICANT NAME CITY OF CARLSBAD PHONENUMBER 760-602-4621 PROJECTAPPLICANTADDRESS 1635 FARADAY AVENUE CITY CARLSBAD STATE CA ZIPCODE 92008 PROJECTAPPLICANT (Check appropnate box): Q Local Pubiic Agency Q School District Q Other Special District • State Agency • Private Entity CHECK APPLICABLE FEES: Q Environmental Impact Report Q Negative Declaration Q Applicafion Fee Water Diversion fSfafe Water Resources Control Board Only) Q Projects Subject to Certified Regulatory Program Q County Administrative Fee • Project that is exempt from fees Q Notice of Exemption Q DFG No Effect Determination (Form Attached) • Other PAYMENT METHOD: • Cash • Credit • Check • Other 249070 $2,995.25 $2,156.25 $850.00 $1,018.50 $50.00 $50.00 TOTALRECEIVED $50.00 SIGNATURE V. Orendain TITLE X V. Orendain Deputy iCTTYOFCARlSBAD SEP 01 2013 PlANNtN80e>AHIMBrrr lllllllllllillllllllllllllllillllllllllll ORIGINAL - PROJECT APPUCANT COPY - DFG/ASB COPY-LEAD AGENCY COPY-COUNTY CLERK FG 763.5a (Rev. 7/08) NOTICE OF EXEMPTION CrrvOFCABLSBAD SEP 01 2013 { PlANNINGOEPAHniiENfr To: SD County Clerk Attn: Jennifer Samuela Mail Stop A-33 1600 Pacific Highway San Diego CA 92101 From: CITYOFCARLSBAD „ Planning Division . " kmesl .1 Dronenliiire. .Ir. i?ecoriier Counn Clerk 1635 Faraday Avenue Carlsbad CA 92008 (760) 602-4600 SEP 06 2013 BY V.OrendaIr DEPUTY Subject; Filing of this Notice of Exemption is in compliance with Section 21152b of the Public Resources Code (Califomia Environmental Quality Act). Project Number and Title; GPA 11-05/ZCA 09-03/LCPA 09-02. CUP Code Amendments Project Location - Specific; Citywide Project Location - City; Carlsbad Project Location - County; San Diego Description of Project; General Plan Amendment. Zone Code Amendment, and Local Coastal Program Amendment to reassign the approval authoritv to the lowest appropriate decision-maker for conditional use permits in the nonresidential zones, to amend the text of the General Plan and Zoning Code to provide greater flexibility for a variety of conditional uses in the nonresidential zones, and to amend the Zoning Code to address minor additional miscellaneous amendments relating to conditional uses. Name of Public Agency Approving Project; Citv of Carlsbad Name of Person or Agency Carrying Out Project; Shannon Wemeke Name of Applicant; same as above Applicant's Address: 1635 Faraday Avenue. Carlsbad. CA 92008 Applicant's Telephone Number; (760)602-4621 Exempt Status; {Check One) • Ministerial (Section 21080(b)( 1); 15268); Declared Emergency (Section 21080(b)(3); 15269(a)); Emergency Project (Section 21080(b)(4); 15269 (b)(c)); Categorical Exemption - State type and section number:_ Statutory Exemptions - State code number: n/a General mle (Section 15061(b)(3)) • • • • FILED IN THE OFFICE OF THE COUNTY CLERK San Diego County on SEP 0 6 2013 PP^i££-iyilj_Removed Retumed to ^ncy on ' 10*3 ard Reasons why project is exempt; The changes proposed 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. L^d Agency Contact Person; Shannon Wemeke Telephone: (760)602-4621 DON NEU, City Planner Date received for filing at OPR: Wi3 Date Revised 04/12 £#est J. Dronenburg, J4I COUNTY OF SAN DIEGO ASSESSOR/RECORDER/COUNTY CLERK ASSESSOR'S OFFICE 1600 Pacific Highway, Suite 103 San Diego, CA 92101-2480 Tel. (619) 236-3771 * Fax (619) 557-4056 www.sdarcc.com RECORDER/COUNTY CLERK'S OFFICE 1600 Pacific Highway, Suite 260 P.O. Box 121750 * San Diego, CA 92112-1750 Tel. (619)237-0502 * Fax (619)557-4155 Transaction #: 302790620130906 Deputy: VORENDAI Location: COUNTY ADMINISTRATION BUILDING 06-Sep-2013 09:23 CnVOFCARLSBAD SEP 01 2013 1 PlANNiNGOEmRTMENT FEES: 50.00 Qty ofl Fish and Game Filing Fee for Ref# 2013 0717 50.00 TOTAL DUE PAYMENTS: 50.00 Check 50.00 TENDERED SERVICES AVAILABLE AT OFFICE LOCATIONS Tax Bill Address Changes Records and Certified Copies: Birth/ Marriage/ Death/ Real Estate Fictitious Business Names (DBAs) Marriage Licenses and Ceremonies Assessor Parcel Maps Property Ownership Property Records Property Values Document Recordings SERVICES AVAILABLE ON-LINE AT www.sdarcc.com Forms and Applications Frequently Asked Questions (FAQs) Grantor/ Grantee Index Fictitious Business Names Index (DBAs) Property Sales On-Line Purchases Assessor Parcel Maps Property Characteristics Recorded Documents ' STATE OF CALIFORNIA - THE NATURAL RESOURCES AGENCY EDMUND G. BROWN, JR., Govemor CALIFORNIA COASTAL COMMISSION SAN OIEGO AREA SAN DIEGO, CA 92108-4421 (619)767-2370 7575 METROPOLITAN DRIVE, SUITE 103 V^ltV OT QdriSUclCi Thl2c JUN 0 2 2014 May 28, 2014 Planning Division TO: COMMISSIONERS AND INTERESTED PERSONS FROM: SHERILYN SARB, DEPUTY DIRECTOR, SAN DIEGO COAST DISTRICT DEBORAH LEE, DISTRICT MANAGER, SAN DIEGO COAST DISTRICT RICK CASSWELL, COASTAL PLANNER, SAN DIEGO COAST DISTRICT SUBJECT: STAFF RECOMMENDATION ON CITY OF CARLSBAD LCP AMENDMENT NO. CAR-MAJ-2-13A (CUP Code Amendments) for Commission Meeting of June 11-13,2014 SYNOPSIS The City of Carlsbad's Local Coastal Program (LCP) Amendment request #2-13 involves three unrelated items including the subject revisions to the City's Conditional Use Permit (CUP) provisions (#2-13A), a Sign Ordinance update (#2-13B) and a site specific amendment for the Kelly Corporate Center along Palomar Airport Road (#2- 13C). As a whole, the submittal contains components that modify both the certified Land Use Plans (LUPs) and the City's certified Implementation Plan (IP). This staff report addresses LCP Amendment #2-13 A, which will involve revisions to the certified IP only. LCP Amendment #2-13B is expected to be reviewed at the June 2014 Commission meeting as a separate hearing item. LCP Amendment #2-13C was reviewed and approved as submitted at the January 2014 hearing. The subject request was filed as complete on October 22, 2013, and a one-year extension was granted on January 9, 2014. The Commission must act on the amendment request by no later than the January 2015 hearing. SUMMARY OF AMENDMENT REOUEST The City of Carlsbad is requesting an amendment to the City's IP (which, in this case, is the City of Carlsbad's Zoning Ordinance) in order to implement revisions to the City's conditional use permitting review process/decision-making authority, as well as revisions to the P-M (Planned Industrial) zone and Commercial Visitor-Serving Overlay Zone (CVSOZ), along with general text cleanup and elimination of errors relating to the language and specification of permitted/conditionally-permitted uses within non- residential zones. City of Carlsbad LCPA# 2-13 A CUP Code Amendments As a result of public outreach by the City in 2009, one ofthe initiatives established was to streamline the discretionary permit approval process by reassigning authority to the lowest appropriate decision-making body. The City is proposing to do this for a number of conditionally-permitted uses within non-residential zones, as well as reassigning authority to a higher decision-making body for a small number of conditionally permitted uses within both residential and non-residential zones. Revisions to the P-M zone are also proposed as part of this LCP Amendment, and include revising Section 21.34.010 of the code to allow for greater flexibility in the types of land uses that could be located within the P-M zone, as well as adding new types of uses that could be permitted (either by right or conditionally) within the P-M zone. In addition, revisions to the development standards within the CVSOZ are also proposed, along with minor text changes to the Cannon Road-Agricultural/Open Space (CR-A/OS) zone. However, the CR-A/OS zone is not being reviewed by this report since it is not yet certified as part of the City's LCP. SUMMARY OF STAFF RECOMMENDATION The proposed amendment to the IP will maintain consistency with the certified LUPs, in that the City has carefully selected uses that are highly compatible with the underlying land use designations. Conversely, the proposed amendment would also result in the elimination of several uses that are presently incompatible with their surrounding uses. This amendment also does not propose to modify any ofthe present development standards for any of the new permitted or conditionally permitted uses; instead, the existing development standards ofthe respective zoning designation will be maintained. The exception to this would be the Commercial Visitor-Serving Overlay Zone; minor revisions to the development standards are proposed that are expected to encourage hotel and motel development within this overlay zone. Additionally, where existing conditionally permitted uses within non-residential zones have been assigned a lower level of decision-making authority, a CUP would still be required and the regulations (including development and parking standards) of the established Zoning Ordinance would continue to be applied. Finally, a number of visitor-serving types of uses are proposed to be added to several non-residential zones, which has the potential to enhance the visitor-serving development opportunities in the City. As such, the proposed amendment should not result in any adverse impacts to community character, public views, or parking and it would be consistent with the policies of the applicable certified LUPs, especially those encouraging more visitor uses. Staff recommends that the Commission find that the City's request to amend the City's Zoning Ordinance conforms with and is adequate to carry out the certified LUPs. No adverse impacts to coastal access or coastal resources are anticipated. Staff is therefore recommending that the amendment be approved as submitted by the City. The appropriate resolution and motion mav be found on Page 4. The findings for approval of the Implementation Plan Amendment as submitted begin on Page 5. Page 2 City of Carlsbad LCPA# 2-13 A CUP Code Amendments BACKGROUND LCP Amendment #2-13A was submitted with LCP Amendments #2-13B and #2-13C, which were all filed as complete on October 22, 2013, with a one-year extension being granted on January 9, 2014. The Commission must act on the amendment request by no later than the January 2015 hearing. Commission staff has worked with Plarming staff from the City of Carlsbad during the review of this proposed amendment. ADDITIONAL INFORMATION Further information on the City of Carlsbad's LCP Amendment #2-13A may be obtained from Rick Casswell, Coastal Planner, at (619) 767-2370. PART I. OVERVIEW A. LCP HISTORY The City of Carlsbad's certified LCP contains six geographic segments as follows: Agua Hedionda, Mello I, Mello II, West Batiquitos Lagoon/Sammis Properties, East Batiquitos Lagoon/Hunt Properties, and Village Redevelopment. Pursuant to Sections 30170(f) and 30171 ofthe Public Resources Code, the Coastal Commission prepared and approved two portions of the LCP, the Mello I and II segments in 1980 and 1981, respectively. The West Batiquitos Lagoon/ Sammis Properties segment was certified in 1985. The East Batiquitos Lagoon/Hunt Properties segment was certified in 1988. The Village Redevelopment Area LCP was certified in 1988; the City has been issuing coastal development permits there since that time. On October 21, 1997, the City assumed permit jurisdiction and has been issuing coastal development permits for all segments except Agua Hedionda. The Agua Hedionda Lagoon LCP segment is a deferred certification area until an implementation plan for that segment is certified. This amendment modifies the City's Implementation Plan (IP) only. B. STANDARD OF REVIEW Pursuant to Section 30513 of the Coastal Act, the Commission may only reject Zoning Ordinances or other implementing actions, as well as their amendments, on the grounds that they do not conform with, or are inadequate to carry out, the provisions of the certified land use plan. The Commission shall take action by a majority vote of the Commissioners present. C PUBLIC PARTICIPATION Section 30503 of the Coastal Act requires local govemments to provide the public with maximum opportunities to participate in the development of the LCP amendment prior to its submittal to the Commission for review. The City has held Planning Commission Page 3 City of Carlsbad LCPA# 2-13 A CUP Code Amendments and City Council meetings with regard to the subject amendment request. All of those local hearings were duly noticed to the public. Notice of the subject amendment has been distributed to all known interested parties. PART II. LOCAL COASTAL PROGRAM SUBMITTAL - RESOLUTION Following a public hearing, staff recommends the Commission adopt the following resolution and findings. The appropriate motion to introduce the resolution and a staff recommendation are provided. MOTION: / move that the Commission approve the Implementation Program Amendment No. 2-13A for City of Carlsbad as submitted. STAFF RECOMMENDATION: Staff recommends a YES vote. Following the staff recommendation will result in certification of the Implementation Program Amendment as submitted and the adoption ofthe following resolution and findings. The motion passes only by an affirmative vote of a majority of the Commissioners present. RESOLUTION TO CERTIFY IMPLEMENTATION PROGRAM AMENDMENT AS SUBMITTED: The Commission hereby certifies the Implementation Program Amendment for the City of Carlsbad as submitted and adopts the findings set forth below on grounds that the Implementation Program Amendment conforms with, and is adequate to carry out, the provisions of the certified Land Use Plans, and certification of the Implementation Program Amendment will meet the requirements of the Califomia Environmental Quality Act, because either: 1) feasible mitigation measures and/or altematives have been incorporated to substantially lessen any significant adverse effects of the Implementation Program Amendment on the environment; or 2) there are no further feasible altematives or mitigation measures that would substantially lessen any significant adverse impacts on the environment that will result from certification of the Implementation Program Amendment. Page 4 City of Carlsbad LCPA# 2-13A CUP Code Amendments PART III. FINDINGS FOR APPROVAL OF THE CITY OF CARLSBAD IMPLEMENTATION PLAN AMENDMENT, AS SUBMITTED A. AMENDMENT DESCRIPTION This request involves a city-initiated LCP amendment to the City's Zoning Ordinance (Municipal Code), which is certified as part of its LCP Implementation Plan. No changes to the City's certified LCP Land Use Plans are proposed herein. The City of Carlsbad is requesting an amendment to the City's IP in order to implement revisions to the City's CUP review process/decision-making authority in non-residential zones, as well as revisions to the P-M (Planned Industrial) zone and Commercial Visitor-Serving Overlay Zone (CVSOZ). In addition, general text cleanup and revisions to the listing of permitted/conditionally-permitted uses within non-residential zones is also proposed. Specifically, the City is proposing to streamline the approval process for conditionally- permitted uses within non-residential zones, as well as reassigning authority to a higher decision-making body for a small number of conditionally permitted uses within both residential and non-residential zones. Revisions to the P-M zone are also proposed as part of this LCP Amendment, and include revising Section 21.34.010 of the City's Zoning Ordinance to allow for greater flexibility in the types of land uses that could be located within the P-M zone, as well as adding new types of uses that could be permitted (either by right or conditionally) within the P-M zone. Also, clarification of language for permitted and conditionally permitted uses, updating of decision-making authority and pre-filing submittal requirements are also proposed. In addition, alterations to the development standards within the CVSOZ are also proposed, including the elimination of a required 600 foot separation between hotels and motels, and changing the preferred architectural style from "Contemporary Southwest" to "Spanish/Mediterranean". Finally, text revisions intended to clarify sections of the Zoning Ordinance relating to CUPs, along with the correction of inadvertent omissions/inclusions of certain uses within non-residential zones from previous Zoning Ordinance updates are also proposed. Conditionally permitted uses (i.e. those uses requiring a CUP) possess unique characteristics that would make it impractical to automatically include those uses within the list of uses that are permitted by right within the various zoning designations. Typically such characteristics often relate to potentially higher levels of noise and parking demand, which can result from factors such as irregular hours of operation or onsite sales/consumption of alcohol. While such uses may not be completely incompatible with their surrounding uses, a CUP allows a local govemment to impose certain limitations on these conditionally permitted uses as a way of improving the compatibility of such uses with the existing adjacent properties for a period of time determined by that local government's designated approval body. This is accomplished through certain "conditions of approval" being established as part of an approved CUP, which must be upheld by the operators of that use throughout the lifetime of the use. If Page 5 City of CaSad LCPA# 2-13A CUP Code Amendments any of those established conditions are not met by the use's operator, the local govemment has the ability to revoke the CUP and terminate the operation of that use. A local govemment will assign a decision-making body to approve/deny a CUP application. The City currently has three decision-making bodies involved with the approval of CUP applications: the City Planner (who currently determines the outcome of Minor CUP applications), the Planning Commission (which reviews the majority of the CUP applications), and the City Council (which typically reviews the most controversial CUP applications). A CUP application's determination is appealable to the next highest decision-making body; with the City Planner being the lowest level of review, followed by the Planning Commission, and then the City Council. It would also be possible for a CUP application that was initially denied by the City Planner to be appealed to the Planning Commission, followed by a second appeal to the City Council should the Planning Commission also deny the project. However, a CUP application carmot be appealed to the decision-making body(ies) below the initial designated decision-making body, which is determined by the type of use. B. FINDINGS FOR APPROVAL The standard of review for LCP implementation submittals or amendments is their consistency with and ability to carry out the provisions of the certified LUP(s). 1) Purpose and Intent of the Ordinance. The City of Carlsbad is requesting an amendment to the City's Zoning Ordinance in order to implement revisions to the City's conditional use permitting review process/decision-making authority (as means of streamlining the permit process for applicants), as well as revisions to Section 21.34.010 for the P-M (Planned Industrial) zone and Chapter 21.208 (Commercial Visitor-Serving Overlay Zone), along with general text cleanup and elimination of errors relating to the language and specification of permitted/conditionally-permitted uses within non- residential zones. 2) Major Provisions ofthe Ordinance. • Reassignment of decision-making authority in non-residential zones, to lower the decision-making authority for a number of conditionally-permitted uses (including athletic clubs and recreation facilities, aquaculttire and aquaculture stands, non-restaurant drive-thm facilities, restaurants, bowling alleys, carwash facilities, and thrift shops). The highest decision-making authority would be the City Council, followed by the Planning Commission and then the City Plarmer. • Elevation of decision-making authority, fi-om Planning Commission to City Council review, for golf courses, hotels and motels, and outdoor theaters, stages, and amphitheaters within all zones (residential and non-residential) where said uses are conditionally permitted. Page 6 City of Carisbad LCPA# 2-13A CUP Code Amendments • Revisions to the Planned Industrial (P-M) Zone would involve: o Revising Section 21.34.010 (Intent and Purpose) of the P-M (Planned Industrial) zone to allow for greater flexibility in the types of uses that could be located within the P-M zone. o Includes the addition of "Retail, Accessory Use" as a new land use category, permissible by Minor Conditional Use Permit (MCUP), which is approved by the City Planner. This use would allow up to 20% of gross floor area, or 2,000 square feet (whichever is less), for such uses as tasting/sampling rooms, showrooms, and miscellaneous retail. o "Educational facilities-other" (such as educational services for trade, cosmetology, pet grooming, music, dance, martial arts, and gymnastics) would also be a new land use, permissible within the P-M Zone with a MCUP. o Includes "Breweries with accessory use" as a new land use category, permissible by CUP, and approvable by the City Council. This use would allow up to 20% of gross floor area, or 2,000 square feet (whichever is less), for tastings and retail sales. • Revisions to the Commercial Visitor-Serving Overlay Zone (CVSOZ; Chapter 21.208 of the City of Carlsbad Municipal Code) include: o Clarification of language for permitted and conditionally permitted uses, o Updating the approval process to reflect the proposed changes in decision-making authority, o Updating the pre-filing submittal process. o Making corrections to the established development standards (Section 21.208.100), which includes eliminating a required 600 foot separation between hotels and motels, and replacing "Contemporary Southwest Architectural Style" with "Spanish/Mediterranean Architectural Style" as a preferred architectural theme. • Revisions intended to clarify sections of the Zoning Ordinance relating to CUPs where the language is unclear, and to correct inadvertent omissions/inclusions of certain uses within non-residential zones from previous Zoning Ordinance updates. Notable uses proposed to be added to non-residential zones include: o "Hotels and Motels" within the O zone o "Aquaculture stands" within the C-2, C-M, and M zones o "Breweries" within the C-L, C-M, P-M, and M zones o "Breweries with retail accessory use" within the C-M, C-L, M, and P-M zones o "Educational facilities, other" within the C-M, P-M, and O zones o "Nightclubs and other establishments that play live/recorded music" within the C-2 zone Page 7 City of Carlsbad LCPA# 2-13 A CUP Code Amendments 3) Adequacy ofthe Ordinance to Implement the Certified LUP Segments. As noted above, the standard of review for LCP implementation submittals or amendments is their consistency with and ability to carry out the provisions of the certified LUPs (i.e. Mello I, Mello II, Village Area, East Batiquitos Lagoon, and West Batiquitos Lagoon LUPs). The most applicable LUP policies are as follows: Mello I Policy 4 - Parking Parking shall be in conformance with the requirements of the City of Carlsbad Zoning Ordinance. Visual/Land Resources Sections 30244, 30251 and 30252 of the Coastal Act address the visual resource issues. In response to these Sections of the Coastal Act, PRC Toups recommends several actions, including: o Sign control o Parking requirements [...] o The purpose of these recommendations is to ensure that visual.. .resources are protected, preserved or where necessary mitigated prior to constmction and that new development will not visually degrade the area. This is of particular concem to.. .land.. .adjacent to Interstate 5, a major coastal access route.... Mello II Policy 1-1: Allowable Land Uses (Mello II) Allowable uses are those that are consistent with both the General Plan and the Local Coastal Program. Policy 6-5: Need for 200 Additional Hotel-Motel Rooms and Visitor Serving Uses Approximately 40 acres of additional visitor-serving (hotel-motel and restaurant) uses should be established.. .Restaurants and other visitor-serving facilities also need to be provided ... Policy 7-10: Parking Parking standards set forth within the City of Carlsbad Zoning Ordinance are appropriate for the future development of various land uses. Page 8 City of Carisbad LCPA# 2-13 A CUP Code Amendments Policy 7-13: Visual Access Visual access over more than 80% of the Carlsbad coastline is unobstmcted because of public ownership. No future public improvements which would obstmct this visual access shall be permitted. East Batiquitos Lagoon Policy 6: Scenic and Visual Qualities The scenic and visual qualities of the area are of great value to the region. Again, the focal point for these qualities is Batiquitos Lagoon. The viewshed to the lagoon and from the lagoon shoreline are important resources. Many of the requirements previously established by this document address visual quality components.... As noted in the foregoing policies, many ofthe respective certified LUPs for the City of Carlsbad contain policies that address the protection of public views, preservation of community character and the provision of adequate parking (which also relates to public access). One of the primary outcomes of the proposed amendment would be an expedited approval process for a number of uses that currently require a CUP within non-residential zones. Such uses have the potential to impact public views, community character or off-street parking demand. However, the City is not proposing to permit all of these uses by right, but rather seek to streamline the review process where possible. The City has selected land uses that have generated very little controversy and which are highly compatible within the underlying zoning designations and their permitted uses. Conversely, the proposed amendment would also result in the elimination of several uses that are presently incompatible with their surrounding uses, such as cemeteries within the Neighborhood Commercial (C-1) and Office (O) zones. Additionally, the amendment proposes to expedite the CUP process for recreation facilities, aquaculture, aquaculture stands, and restaurants, which are all visitor-serving or priority uses under the Coastal Act. Furthermore, the amendment does not propose to alter the existing development standards (established as part of the underlying zoning designations) for these conditionally permitted uses. Therefore, development standards will remain unchanged and the coastal development review process will ensure application of all the resource protection provisions of the certified LCP. As such, the proposed amendment should not result in any adverse impacts to community character, public views or coastal access. Where the amendment proposes to elevate the CUP decision-making authority, from Planning Commission to City Council review, for golf courses, hotels and motels, and outdoor theaters, stages or amphitheaters, there are no material changes to the existing development standards being proposed. The change in decision-making authority reflects the City Council's desire to review certain specialized uses and is not expected to adversely impact coastal resources. This is because hotels and motels (a high priority use) will remain as permitted uses within the C-T (Commercial Tourist) zone, and, as part of the proposed amendment, these uses would also be added to the 0 (Office) zone as conditionally permitted uses. Page 9 City of Carlsbad LCPA# 2-13A CUP Code Amendments Allowing for a greater flexibility in the types of uses that could be located within the P- M (Planned Industrial) zone, including the addition of new uses such as "Retail, accessory use" and "Educational facilities-other", is not anticipated to conflict with the certified LUPs, and should not result in undesirable impacts to coastal resources. This is due to the fact that a CUP would still apply to the more parking-intensive uses, while other less parking-intensive uses (such as newspaper publishing and breweries without accessory retail use) would be permitted by right. Also, the proposed new uses would be compatible with the P-M zone, and would also adhere to the existing development standards of the subject zone. This means that building height, setbacks, lot coverage and the issuance of coastal development permits for non-exempt development would still apply. Therefore, coastal resources would continue to be protected by these standards. Where the amendment does propose a modification to the development standards is the Commercial Visitor-Serving Overlay Zone (CVSOZ), under Section 21.208.100 of the City of Carlsbad Municipal Code. However, these modifications (which include the elimination of an existing 600 foot separation distance between hotels and motels, and a change from "Contemporary Southwest Architectural Style" to "Spanish/Mediterranean Architectural Style") will not conflict with any of the certified LUPs. In fact, the removal of the 600 foot separation distance between hotels and/or motels could actually encourage the development of more ovemight accommodations within the CVSOZ, in that an existing development constraint would be removed by the proposed amendment. Therefore, this proposed revision would be in compliance with Policy 6-5 of the Mello II LUP which asserts that additional restaurants and other visitor-serving facilities need to be provided. The additional modifications involved with this amendment, which are primarily text revisions for language clarity, but also include the removal or addition of uses within non-residential zones in accordance with the LUPs, should not negatively impact coastal resources. This is due to the fact that the City is proposing to remove incompatible uses from non-residential zones, and then only adding uses which are compatible with the underlying zoning designations and their permitted uses. Examples of this effort would include the removal of golf courses and cemeteries from a number of 'retail-focused' commercial zones, along with the addition of visitor-serving uses (such as breweries with accessory retail, hotels and motels, and aquaculture stands) to numerous commercial and industrial zones. Furthermore, the amendment does not propose any modifications to the existing development standards for the underlying zoning designations. Consequently, the amendment should not result in any negative impacts to community character, public views, or coastal access. Overall, the proposed changes to the Zoning Ordinance will maintain visual resources by assuring that only uses that are compatible with other permitted uses in the area will be allowed. In so doing, the character of the respective communities will be maintained, consistent with the policies of the applicable certified Land Use Plans. In addition, the proposed changes will not adversely impact the physical character of any site, in that the Page 10 City of Carisbad LCPA# 2-13A CUP Code Amendments existing development standards for all zoning designations, with the exception of the CVSOZ (which will experience only minor proposed changes, as previously described), will remain unchanged. Future development will continue to be subject to the existing Zoning Ordinance regulations (including parking requirements and the CDP review process for applicable development) and will also be required to meet all of the standards set forth in those regulations that address these issues. As such, no adverse visual resources or public access issues (as they relate to the provision of onsite parking) should result from the proposed amendment. Therefore, the proposed LCP amendment will have no significant adverse impacts on coastal resources, and the proposed amendment request is found to be consistent with the respective certified LUPs. PART IV. CONSISTENCY WITH THE CALIFORNIA ENVIRONMENTAL OUALITY ACT (CEQA) Section 21080.9 of the California Environmental Quality Act (CEQA) exempts local govemment from the requirement of preparing an environmental impact report (EIR) in connection with its activities and approvals necessary for the preparation and adoption of a local coastal program. The Commission's Local Coastal Program (LCP) review and approval program has been found by the Resources Agency to be functionally equivalent to the EIR process. Thus, under CEQA Section 21080.5, the Commission is relieved of the responsibility to prepare an EIR for its review of an LCP or LCP amendment submittal, instead requiring the Commission to prepare a functional equivalent environmental analysis document consistent with its certified program. At the local level, in connection with the revisions to its Zoning Ordinance, the City determined that the subject LCP amendment is exempt from environmental review pursuant to CEQA Section 15061(b)3, where it 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 City asserts that the changes proposed by this amendment 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. Nevertheless, the Commission is required in an LCP submittal, such as in this case, to find that the approval of the proposed LCP, or LCP, as amended, does conform with CEQA. The proposed amendment would not result in any adverse impacts on coastal resources. Further, the Commission finds that the proposed amendment is unlikely to have any significant adverse effect on the environment as a whole. Therefore, the Commission finds that the subject LCP implementation plan, as amended, conforms to the provisions of CEQA. (G:\San Diego\Reports\LCPs\Carlsbad\ CAR-MAJ-2-13A (CUP Code Amendments) stfrpt.doc.docx) Page 11 2 A RESOLUTION OF THE Cmr COUNCIL OF THE CTTY OF CARLSBAD. CAUFORNIA APPROVING AN AMENDMENT TO 3 THE LOCAL COASTAL PROGRAM (LCP) TO SIMPLIFY AND STREAMLM« THE DEVELOPMENT REVIEW PROCESS BY 4 REASSIGNING THE APPROVAL AUTHORITY FOR CONOmONAL USE PERMnS TO THE LCWEST 5 APPROPRIATE DEaSION44AKER IN THE N0NRE8I0ENTIAL ZONES. TO AMEND THE TEXT OF THE ZONING Of^NANCE 6 TO PROVIDE GREATER FLEXIBIUTY FOR A VARIETY OF CONOmONAL USES IN THE NONRESIDENnAL ZONES. AND 7 TO AMEND THE COMMEf^^ Vi8rTOR<8e<VtNQ OVERLAY ZONE TO AODRESS MINOR MISCELLANEOUS AMENDMENTS 8 RELATING TO 0eCISI0N4IAKING AUTHORTrY FOR CONOmONALUSES. 9 I CASENAME; CUP CODE AMENDMENTS CASE NO ; LCPAf»^ 15 16 17 18 19 20 2] 22 23 24 25 26 27 The Cify Councn of tfia Oty of Ctriibad. CaMomla, does haraisy raaoMi at 10 ^2 WHEREAS, puTiuam to tia proviaiona of m Municipal Coda, tha PlanninQ 13 ComnAnkm clcl« on May 1, 2013. hoid a duly no<icad putic hewing aa ptaacribad by taw to eonaidar Zona Coda Amandmant (ZCA 09-03} as lalarancad In Planrring CommiMkMi Raa<^utton No. M61. Local Coartal Program AnrmKlmanl (LCPA OtNKZ). aa lafaranoed tn Raming Commitalon ReaoMion No. ^62; and WHEREAS, lha PlannirH} Conwntaaion adoptad Planning Cowrolaalon RaaoUKiona No. 0961 and 6062 raeommandbtg lo lha CKy Coijncit thai ZCA 094)3 and LCPA 09-02 ba approvad; and WHEREAS. th« Civ Coundl of the Citv of Carirtiad. on Ihe 23rd dav of J**3^y 2013, held a duly noticed pubik: hearing to consider the General Plan Amendment; and WHO^EAS. at aaid pubiic haahng. upon haartaig and and aigumems. If any, of ail penona deelring to ba heard, tha City Cour netoting to the Gananrf Plan Amendment NOW. THEREFORE. BE IT HER^ RESOLVED by th^ (CUP code Amendments) of Carlabad as follows: Resolution California Coastal Commission EXHIBIT NO. 1 APPLICATION NO. CAR-MAJ-2-13A 1 1. That the above recitations are true and correct. 2 3 20 21 22 23 24 25 26 27 28 2. That the findings of the Planning Commission contained In Planning Commission Resolutions No. 6961 and 6962 on file with the City Clerk and Incorporated herein by reference, are the findings of the City Council. 4 3. That the amendment to the Local Coastal Program (LCPA 09-02) is 5 approved as shown in Planning Commission Resolution No. 6962, on file with the City Clerk and incorporated herein by reference. 6 4. That the approval of LCPA 09-02 shall not become effective until it is 7 approved by the Califomia Coastal Commission and the Califomia Coastal Commission's approval becomes effective. 8 9 I 'NOTICE TO APPLICANT" 10 The time within which judicial review of this decision must be sought is govemed by Code of Civil Procedure, Section 1094,6, which has been made applicable In the City of 11 Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking review must be filed in the appropriate court not later than the ninetieth day following the date on which 12 this decision becomes final; however, if within ten days after the decision becomes final a request for the record is filed with a deposit in an amount sufficient to cover the estimated cost 13 or preparation of such record, the time within which such petition may be filed in court Is extended to not later than the thirtieth day following the date on which the record Is either 14 personally delivered or mailed to the party, or his attorney of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the City Clerk, 15 City of Carlsbad, 1200 Carisbad Village Drive, Carlsbad, CA. 92008. 16 /// 17 /// 18 /// 19 /// /// /// /// /// /// (fl III III .2- I 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 Carisbad on the 23"* day of July, 2013, by the following vote to wit: AYES: NOES: Council Members Hail, Packard, Wood, Blackburn and Douglas. None. ABSENT: None. , City Cleri< I 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 ORDINANCE NO. CS-224 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD. CALIFORNIA, APPROVING A ZONE CODE AMENDMENT TO SIMPLIFY m) STREAMUNE 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 OF THE ZONING ORDINANCE TO PROVIDE GREATER FLEXIBIUTY FOR A VARIETY OF CONDITIONAL USES IN THE NONRESIDENTIAL ZONES, AND TO AMEND THE COMMERCIAL VISITOR-SERVING OVERLAY ZONE TO ADDRESS MINOR MISCELUVNEOUS AMENDMENTS RELATING TO DECISION-MAKING AUTHORITY FOR CONDITIONAL USES. CASE NAME: CUP CODE AMENDMENTS CASE NO.: ZCA 0»03/LCPA 09-02 WHEREAS, in July 20O9, the Develq>ment Review Process (DRP) Working Group was fomned wiHi ttie purpose ol identifyh^g ways to inprove ttve efficiency ol and user experience with the development review process; and WHEREAS, In November 2009, the ORP Working Group's Summary Recommendations Report was presented to City Council at a CKy Council Workshop; and WHEREAS, at said workshop, the Clly Council directed staff to Implement the nine irMtiatives identified in the DRP Woridng Group's Summary RecomnwKtetions Report; and WHEREAS, ttie majwity of Zoning Ordinance amendments ocxitained herein implement one of the nine initiatives identified by the DRP Working Group. NOW THEREFORE, The City CouncB of the City of Cartsbad, California, does ordarn as follows: SECTION I: Tliat the legend of Table A of Section 21.07.020 of the Carload Munidpal Code (E-A. Exclusive Agricultural Zone, Pemnitted Uses follows: APPUCATION NO. CAR-MAJ-2-13A In the^ble, the muhidpal asde: subjelt to all^^pl EXHIBIT NO. 2 (CUP Code Amendments) Ordinance California Coastal Commission 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 LEGAUTy CEUA A. BREWER, City Attorney ATTEST: BARBARA ENGLESON, QH^Clerk ZCA 09^3/LCPA 09-02 CUP CODE AMENDMENTS STRIKE-OUT/UNDERLINE Tbe legend of Table A of Seclion 21.07.020 (E-A. Exclusive Agricultural Zone, Peimitied Uses) is proposed to be amended as follows: Table A Pernutted Uses In the table, below, subject to all applicable permitting and development requirements of the monicipal code: 'P' indicates use is permitted. (See note 6 below) "CUP" indicates use is pemiiued with approval of a conditiona] use permit. (See note 7 l»low) 1 m AdminiiitTOrivo hoarine oiioeoaa Mirtor Condtrional Use Pertait fProoess Otiti. pursuant to Chapter 21.42 of this title. 2 - Plmurinff oomjniiisiQn honiing wroocan Conditional Use PertTiit fProcess Two), puntuaitt to Chapter 31.42 gf this titk- 3 = City oounoil boaring proooiw c<?nditiCTiftl,Ufi9,fem>il ihmsi Thrw). mmmi \Q ChiUPtgr 21.42 of this title. "Ace" indicates use is pernutted as an accessory use. Table A of Section 21,07.020 (Er-A, Exclusive Agricultural Zorte. Pennitted Uses) is proposed to be amended as foUows: I 31 I EXHIBIT NO. 3 APPUCATION NO. CAR-MAJ-2-13A (CUP Code Amendments) Strikeout/Underline California Coastal Commission ATTACHMENT? The legend of Table A of Section 21.08.020 (R-A, Residential Agricultural Zone, Pennitted Uses) is proposed to be amended as follows: Table A Pennitted Uses r 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 = AdminisUativo hcai-ing process Minor Conditional Use Permit (Process One), pursuant to Chapter 21.42 of this title. 2 = Planning commission hearing process Conditional Use Permit (Process Two), pursuant to Chapter 21.42 of this title. 3 = Cit^' council hearing prooosa Conditional Use Permit (Process Three), pursuant to Chapter 21.42 of this title. "Acc" indicates use is permitted as an accessory use. liisafflliliiiLl^ Table A of Section 2L08.020 (R-A, Residential Agricultural Zone, Permitted Uses) is proposed to be amended as follows: ATTACHMENT? The legend of Table A of Section 21.09.020 (R-E, Rural Residential Estate Zone, Permitted Uses) is proposed to be amended as follows: Table A Permitted Uses In the table, below, subject to all applicable permitting and development requirements of the municipal code: "P" indicates use is permitted. (See note 6 below) "CUP" indicates use is permitted with approval of a conditional use permit. (See note 6 below) 1 = Administrative hearing proeess-Minor Conditional Use Permit (Process One), pursuant to Chapter 21.42 of this title. 2 = Planning commission hearing proce!;s Conditional Use Permit (Process Two), pursuant to Chapter 21.42 of this title. 3 = Gity council hearing process Conditional Use Permit (Process Three), pursuant to Chapter 21.42 of tills title. "Acc" indicates use is permitted as an accessory use. Table A of Section 21.09.020 (R-E, Rural Residential Estate Zone, Permitted Uses) is proposed to be amended as follows: ATTACHMENT ? The legend of Table A of Section 21.10.020 (R-l, One-Family Residential Zone, Permitted Uses) is proposed to be amended as follows: Table A Permitted Uses In the table, below, subject to all applicable permitting and development requirements of the municipal code: "P" indicates use is permitted. (See note 4 below) "CUP" indicates use is permitted vidth approval of a conditional use permit. (See note 4 below) 1 -- Administrative heaiing process Minor Conditional Use Permit (Process One), pursuant to Chapter 21.42 of this tide. 2 = Planning commlissiou-hearing process Conditional Use Permit (Process Two), pursuant to Chapter 21.42 of this titie. 3 = City council hearing-process Conditional Use Permit (Process Three), pursuant to Chapter 21.42 of this title. "Acc" indicates use is permitted as an accessory use. Table A of Section 21.10.020 (R-l, One-Family Residential Zone, Permitted Uses) is proposed to be amended as foUows: Golf courses (see note 2, below) 33 ATTACHMENT 7 The legend of Table A of Section 21.12.020 (R-2, Two-Family Residential Zone, Permitted Uses) is proposed to be amended as follows: Table A Permitted Uses In the table, below, subject to all applicable permitting and development requirements of the municipal code: "P" indicates use is permitted. (See note 7 below) "CUP" indicates use is permitted with approval of a conditional use permit. (See note 7 below) 1 = Administrative hearing process Minor Conditional Use Permit (Process One), pursuant to Chapter 21.42 of this thle. 2 = Planning commission hearing process Conditional Use Permit (Process Two), pursuant to Chapter 21.42 of this tide. 3 = City council hearing procos.r. Conditional Use Permit (Process Three), pursuant to Chapter 21.42 of tiiis title. "Acc" indicates use is permitted as an accessory use. Table A of Section 21.12.020 (R-2, Two-Family Residential Zone, Permitted Uses) is proposed to be amended as follows: ATTACHMENT ? The legend of Table A of Section 21.16.020 (R-3, Multiple-Family Residential Zone, Permitted Uses) is proposed to be amended as follows: Table A Permitted Uses In the table, below, subject to all applicable permitting and development requirements of the municipal code: "P" indicates use is pennitted. (See note 7 below) "CrUP" indicates use is permitted with approval of a conditional use permit. (See note 7 below) 1 = Administrative hearing process Minor Conditional Use Permit (Process One.) pursuant to Chapter 21.42 of this tide. 2 = Planning commission hearing process Conditional Use Permit (Process T%vo). pursuant to Chapter 21.42 of this title. 3 - City council hearing process Conditional Use Permit (Process Three), pursuant to Chapter 21.42 of tiiis title. "Acc" indicates use is permitted as an accessory use. Table A of Section 21.16.020 (R-3, Multiple-Family Residential Zone, Permitted Uses) is proposed to be amended as follows: iMM^aaiHiiiiiiigaiii^ Golf courses 33 ATTACHMENT 7 Table A of Section 21.18.020 (R-P, Residential Professional Zone, Permitted Uses) is proposed to be amended as follows: Table A Uses Permitted When the R-P Zone Implements the "O" (Office) General Plan Land Use Designation In the table, below, subject to all applicable permitting and development requirements of the municipal code: "P" indicates use is permitted. (See note 3-2.below) "CIUP" indicates use is permitted with approval of a conditional use permit. (See note 3-2 below) 1 = Admini.'iU'ativc hearing process Minor Conditional Use Permit (Process One), pursuant to Chapter 21.42 of this titie. 2 = Planning commission hearing process Conditional Use Permit (Process Two), pursuant to Chapter 21.42 of tiiis titie. 3 = Citv council hearing process Conditional Use Permit (Process Thi-ee). pursuant to Chapter 21.42 of this titie. "Acc" indicates use is permitted as an accessory use. Accessory buildings/structures, which are customarily appurtenant to a permitted use (ex. incidental storage facilities)(see note 1, below)(defmed: Section 21.04.020) Aquaculture (defined: Section 21.04.^6) Banks/financial services (no drive-thm) Biological habitat preserve (subject to Section 21.42.Q10(B)(30))(defined: Section 21.04.048) Campsites (ovcmight)(!mbiect to Section 21.42.140(B)(4Q)) Gcmctorics Child day care center (subject to Chapter 21.83)(defined: Section 21.04.086) Churches, synagogues, temples, convents, monasteries, and other places of worship Clubs - nonprofit, business, civic, professional, etc. (defined: Section 21.04.090) ai Delicatessen (defined: Section 21.04.106) Educational facilities, other (defined: Section 21.04.137) Educational institutions or schools, public/private (defined: Section 21.04.140) Dohcatcsscn (defined: Section 21.04.106) Farmworker housing complex, small (subject to Section 21.10.125)(defined: 21.04.148.4) Greenhouses (2,000 square feet maximum) Greenhouses >2,000 square feet (subject to Section 21.42.140(B)(7Q)) ATTACHMENT ? Golf courses (see note 2, below) ^^^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) Office uses, (may include incidental commercial uses such a blueprint services, photocopy services and news-stands) X Packing/sorting sheds (600 square feet maximum) X Packing/sorting sheds >600 square feet (subject to Section 21.42.140(B)(70)) 1 Parking facilities (primary use)(i.e., day use, short-term, non^ storage) 31 Public/quasi-public buildings and facilities and accessory utility buildings/facilities (defined: Section 21.04.297) 2 Radio/television/microwave/broadcast station/tower 2 Satellite TV antennae (subject to Section 21.53.130 through 21.53.150)(defined: Section 21.04.302) X Schools (business, vocational, and for such subjects as dance, drama, cosmetology, music, martial arts, etc.) X Services, provided directiv to consumers, and focusing on tiie 1 needs of the local neighborhood, including, but not limited to. 1 grooming, drv cleaning, and tailoring services 1 Signs, subject to Chapter 21.41 (defined: Section 21.04.305) X Temporarv buildingWgr/trailer (construction)(subject to Section 21.53.110) X Transit passenger terminals (bus and train) 2 Veterinarv clinic/animal hospital (small animals) (defined: i Section 21.04.378) i Wireless communications facilities (subject to Section 21.42.140(B)(165))(defined: Section 21.04.379) 1/2 Zoos (private)(subject to Section 21.42.1^0(B)(170))(dcfincd: Section 21.01.100) 3 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. 3; A conditional use permit is not required a golf course if it is approved as part of a master plan for a planned community development. 3T2. Anv use meeting the definition of an entertainment establishment, as defined in Section 8.09.020 of the Carlsbad Municipal Code (CMC), shaR be subject to the requirements of CMC Chapter 8.09. ATTACHMENT ? Table B of Section 21.18.020 (R-P, Residential Professional Zone, Permitted Uses) is proposed to be amended as follows: Table B Uses Permitted When the R-P Zone Implements the "RMH" or "RH" General Plan Land Use Designations "P" indicates use is permitted. "CUP" indicates use is permitted with approval of a conditional use permit. 1 = Administrative-hoaiing process Minor Conditional Use Permit (Process One), pursuant to Chapter 21.42 of tiiis title. 2 = Planning commission- hpgring process Conditional Use Permit (Process Two), pursuant to Chapter 21.42 of this titie. 3 = Gity couneil hearing'process Conditional Use Permit (Process Three), pursuant to Chapter 21.42 of this title. "Acc" indicates use is permitted as an accessory use. MgnffiyftftyWaglWi Accessory buildings/structures (ex. garages, workshops, tool sheds, patio covers, decks, etc.)(see notes 1 and 2, below)(defmed: Section 21.04.020) X Agricultural crops X Animal keeping (household pets)(subject to Section 21.53.084) X Animal keeping (wild animals)(subject to Section 21.53.085) X Aquaculture (defined: Section 21.04.036) 3 Bed and breakfasts (subject to Section 21.42.140(B)(25))(defined: Section 21.04.046) 1 Biological habitat preserve (subject to Section 21.42.140(B)(30))(defined: Section 21.04.048) 2 Campsites (ovomight)(subject to Section 21.42.140(B)(40)) 3 Cemeteries ^ Child day care center (subject to Chapter 21.83)(defined: Section 21.04.086) 1 Churches, synagogues, temples, convents, monasteries, and other places of worship 2 Clubs - nonprofit; business, civic, professional, etc. (defined: Section 21.04.090) 31 Dwelling, one-family (see note 3, below)(defined: Section 21.04.125) X Dwelling, two-family (see note 4, below)(defined: Section 21.04.130) X Dwelling, multiple-family (subject to Section 21.53.120 if more than 4 units are proposed)(defined: Section 21.04.135) X Educational institutions or schools, public/private (defined: Section 21.04.140) 2 Family day care home (large)(subject to Chapter 21.83)(defined: Section 21.04.147) X Family day care home (small)(subject to Chapter 2L83)(defined: Section 21.04.148) X Golf courses (see note 5, below) 3 ATTACHMENT 7 Farmworker housing complex, small (subject to Section 21.10.125)(defined: Section 21.04.148.4) X Greenhouses (2,000 square feet maximum) X Greenhouses >2,000 square feet (subject to Section 21.42.140(B)(70)) 1 Home occupation (subject to Section 21.10.040) X Housing for senior citizens (subject to Chapter 21.84) X Mobile buildings (subject to Section 21.42.140(B)(90))(defined: Section 21.04.265) 31 Mobile home (see note 3 and 65, below)(defined: Section 21.04.266) X Packing/sorting sheds (600 square feet maximum) X Packing/sorting sheds >600 square feet (subject to Section 21.42.140(B)(70)) 1 Parking facilities (primary use)(i.e., day use, short-term, non^ storage) 3i Professional care facilities (defined: Section 21.04.295) 2 Public/quasi-public buildings and facilities and accessory utility buildings/facilities (defined: Section 21.04.297) 2 Residential care facilities (serving six or fewer persons)(defined: Section 21.04.300) X Residential care facUities (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 6 persons)(subject to Section 21.42.140(B)(125))(defined: Section 21.04.362) Wireless communications facilities (subject to Section 21.42.140(B)(I65))(defined: Section 21.04.379) 1/2 Zoos (private)(subject to Section 21.42.140(B)(170))(defmed: Section 21.04.400) 2 Notes: 1. Private garages (defined: Section 21.04.150) shall accommodate not more than two cars per dwelling unit. 2. When associated with a two-family or multiple-family dwelling, accessory buildings shall not include guesthouses or accessory living quarters (defined: Section 21.04.165). 10 ATTACHMENT ? 3. One-family dwellings are pennitted 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 shaU be subject to the density and intent of the underlying residential land use designation. 4. A two-family dwelling shall not be permitted within the RH land use designation. &-. A conditional uso permit is not required for a golf course if it is approved as-part of a master plan for a planned community development. 4:5 • 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 Healtii and Safety Code. n ATTACHMENT 7 The legend of Table A of Section 21.20.010 (R-T, Residential Tourist Zone, Permitted Uses) is proposed to be amended as follows: Table A Permitted Uses In the table, below, subject to all applicable permitting and development requirements of the municipal code: "P" indicates use is permitted. (See note 2 below) "CUP" indicates use is permitted with approval of a conditional use permit. (See note 2 below) 1 = Administrative hearing process Minor Conditional Use Pennit (Process One), pursuant to Chapter 21.42 of this thle. 2 = Planning commission hearing process Conditional Use Permit (Process Two), pursuant to Chapter 21.42 of this titie. 3 = Citv council hearing process Conditional Use Pennit (Process Three), pursuant to Chapter 21.42 of tills titte. "Acc" indicates use is pemiitted as an accessory use. Table A of Section 21.20.010 (R-T, Residential Tourist Zone, Permitted Uses) is proposed to be amended as follows: Golf courses 33 Hotels and Motels (subject to Section 21.42.140(B)(80)) 33 12 ATTACHMENT ? The legend of Table A of Section 21.22.020 (R-W, Residential Waterway Zone, Permitted Uses) is proposed to be amended as follows: Table A Permitted Uses In the table, below, subject to all applicable permitting and development requirements of the municipal code: "P" indicates use is permitted. (See note 7 below) "CUP" indicates use is permitted with approval of a conditional use permit. (See note 7 below) 1 = AdminisU-ative hearing process Minor Conditional Use Permit (Process One), pursuant to Chapter 21.42 of this tide. 2 = Planning commission hearing process Conditional Use Permit (Process Two), pursuant to Chapter 21.42 of this title. 3 = Citv council hearing process Conditional U.se Permit (Process Three), pursuant to Chapter 21.42 of this title. "Acc" indicates use is permitted as an accessory use. Table A of Section 21.22.020 (R-W, Residential Waterway Zone, Permitted Uses) is proposed to be amended as follows: Golf courses (see note 5 below) 13 ATTACHMENT ? lijiliiiliiii-iiiiliilg The legend of Table A of Section 21.24.020 (RD-M, Residential Density-Multiple Zone, Permitted Uses) is proposed to be amended as follows: Table A Permitted Uses In the table, below, subject to all applicable permitting and development requirements of the municipal code: "P" indicates use is permitted. (See note 6 below) "CUP" indicates use is permitted with approval of a conditional use permit. (See note 6 below) 1 = AdminisU'ative homing process Minor Conditional Use Permit (Process One), pursuant to Chapter 21.42 of this titie. 2 = Planning commission hearing process Conditional Use Permit (Process Two), pursuant to Chapter 21.42 of this titie. 3 = City council hearing process Conditional Use Permit (Process Three), pursuant to Chapter 21.42 of tills title. "Acc" indicates use is permitted as an accessory use. Table A of Section 21.24.020 (RD-M, Residential Density-Multiple Zone, Permitted Uses) is proposed to be amended as follows: Golf courses (see note 4 below) 33 14 ATTACHMENT ? Section 21.25.010(1) (C-F, Community Facilities zone. Intent and Purpose) is proposed to be amended as follows: The intent and purpose of the C-F, eCommunity Ffacilities, zone is: (1) To ensure that all master plans and residential specific plans (i.e., specific plans which include residential units) reserve community facility sites of adequate size for uses which benefit the community as a whole by satisfying social/religious/institutional/human service needs; 1 Table A of Section 21.25.040 (C-F, Community Facilities Zone, Permitted Uses) is proposed to be amended as follows: Table A Uses-Permitted Uses In the table, below, subject to aU 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 = AdminisU ative heaiing process Minor Conditional Use Permit (Process One), pursuant to Chapter 21.42 of this titie. 2 = Planning commission hearing process Conditional Use Permit (Process Two), pursuant to Chapter 21.42 of this title. 3 = City council hearing process Conditional Use Permit (Process Three), pursuant to Chapter 21.42 of tiiis title. "Acc" indicates use is permitted as an accessory use. iiSliPllill Adult and/or senior day care and/or recreation facility (private or non^private) 31 Athletic fields 2 Charitable service (private/semi private) 3 Child day care center (subject to the requirements- of-Chapter 21.83Kdefined: Section 21.04.086) X Churches, synagogues, temples, convents, monasteries, and other places of worship 2 Civic associations (e.g.. League of Women Voters, etc.) 3 Clubs - nonprofitt;j business, civic, professional, etc. (defined: Section 21.04.090) 31 Educational institutions or schools, pubhc/nrivate (defined: 2 Section 21.04.140) 2 T7^nfr«-rTirt1 'T'"''^'*t flfl rtr*" inH \nri i-ri\ts f rty r*r%*^t- f*f^}}i^^l'* 3 i7lUlL/LJlUl lllsaUUUlLllJIj') UllU ' lUU^CJl) \^UA.L.tlS^l K^KJllK^z^V fraternities/sororities) 3 15 ATTACHMENT ? ^^^^ Mobile buildings (subject to Section 21.42.140(B)(90))-(defined: Section 21.04.265) 31 Office area (see note 2 below) x Religious reading room (separate from church) 1 Satellite television antennae (subject to Sections 21.53.130 X through 2L53.150)(defined: Section 21.04.302) X Signs (subiect to Chapter 21.41) X Social clubs (noncommercial) 3 Veterans' organizations (including meeting facilities) 31 Welfare and charitable services organizations (private or semi- private) with no permanent residential uses (e.g.. Good Will, Red Cross, Traveler's Aid) 31 Wireless communications-facilities (subject to Section 21.42.140 (B)(165))-(defined: Section 21.04.379) 1-/-2 Youth organizations (e.g., Boy Scouts, Girl Scouts, Boys and Giris Clubs, YMCA and YWCA, except lodgings) 31 Notes 1. Any use meeting the definition of an entertainment estabhshment, as defined in Section 8.09.020 of the Carlsbad Municipal Code (CMC), shall be subject to the requirements of CMC Chapter 8.09. If any office area is proposed with a use, the office area must be ancillary to the main use; it cannot be the principal use. 16 ATTACHMENT ? Table A of Section 21.26.010 (C-1, Neighborhood Commercial Zone, Permitted uses) is proposed to be amended as follows: Table A Permitted Uses In the table, below, subject to all applicable permitting and development requirements of the municipal code: "P" indicates use is permitted. (See note 1 below) "CUP" indicates use is permitted with approval of a conditional use permit. (See note 1 below) 1 = Administi'ativc heaiing process Minor Conditional Use Permit (Process One), pursuant to Chapter 21.42 of this titie. 2 = Planning commission hearing process Conditional Use Permit (Process Two), pursuant to Chapter 21.42 of this title. 3 -- Gity council hearing process Conditional Use Permit (Process Three), pui suant to Chapter 21.42 of this title. "Acc" indicates use is permitted as an accessory use. Accountants Adult and/or senior davcai'e and/or recreation facilitv (private/non-private) Airports Alcoholic treatment centers Amusement parks Aquaculture (defined: Section-31.04.036) Arcades - coin-operated (subject to Section 21.42.140(B)(15))(defined: Section 21.04.091) Athletic clubs, gymnasiums, health clubs, and physical conditioning businesses Attomeys Banks and otiier financial in.stitutions without drive-thm facilities Bakeries Barbershops or beauty parlors Biological habitat preserve (subject to Section 21.42.140(B)(30))(defmed: Section 21.04.048) Book or stationery stores Bowling alley (subject to Section 21.42.140(B)(35))(dofined: Section 21.01.057) Campsites (ovemight)(subjeet-to-Section 21.42.140(B)(40)) Car wash (subject to Section 21.42. M0(B)C.1S)) Cemeteries Child day care centers, subject to the provisions of Chapter 21.83 of this title 17 ATTACHMENT ? Churches, synagogues, temples, convents, monasteries, and other places of worship 2 Clubs - nonprofit, business, civic, professional, etc. (defined: 1 Section 21.04.090) 1 Columbariunis„cr0matorios. and-mausoleums, and moituaiies (not within a cemetery) 2 Delicatessen (defmed: Section 21.04.106) X Doctors, dentists, optometrists, chiropractors and others practicing the healing arts for human beings, and related uses such as oculists, pharmacies (prescription only), biochemical laboratories and x-ray laboratories X Dress::maldng or millinery shops X Drive-thra facility (excluding net-restaurants) 31 Drogstores X Dry goods or notion stores X Educational facihties, other (defined: Section 21.04.137) X Educational institutions or schools, pubUc/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 Golf courses 3 Greenhouses >2,000 square feet (subject to Section 21.42.140(B)(70)) 1 Grocery or fmit stores X Hardware stores X Hospitals (defined: Section 21.04.170) 2 Hospitals (mental)(defined: Section 21.04,175) 2 Hotels and motels (subject to Section 21.42.140(B)(80)) 33 Institutions of a philanthropic or eleemosynary nature, except conectional or mental X Jewelry stores X Laundries or clothes cleaning agencies X Laundromats X Liquor store (subject to Section 21,42.140(B)(85))(defined: Section 21.04.203) 2 Meat markets X Mobile buildings (subject to Section 21.42.140(B)(90))(defined: Section 21.04.265) 31 Mortuaries 3 Outdoor dining (incidental)(subject to Section 21.26.013)(defined: Section 21.040.290.1) X Packing/sorting sheds >600 square feet (subject to Section 21.42.140(B)(70)) 1 Paint stores X Paridng facilities (primarv use)(i.e.. dav use, short-term, non-1 storage) 1 Pawnshops (subject to Section 21.42.140(B)(105)) 3 18 ATTACHMENT ? Pet supply shops x Pool halls, billiards parlors (subject to Section 21.42.(B)(110))(defmed: Section 21.04.292) 2 Private clubs, fraternities, sororities and lodges, excepting those where the chief activity of which is a service customarily carried on as a business X Public meeting halls, exhibit halls, and museums 2 Public/quasi-public buildings and facilities and accessory utility buildmgs/facilities (defined: Section 21.04,297) 2 Racetracks 33 Radio/television/microwave/broadcast station/tower 2 Realtors X Recreation Facilitiesfacihties 31 Recycling collection facilities, large (subject to Chapter 21.105 of thistitlc)(defined: Section 21.105.015) 2 Recycling collection facilities, small (subject to Chapter 21.105 of this titlc)(defined: Section 21.105.015) 1 Religious reading room (sepaiate from church) 1 Residential uses (subject to Section 21.26.015 of this titie) X Restaurants (bona fide public eating establishment)(defined: Section 21.04.056) X Restaurants (excluding drive-thra restaurants), tea rooms or cafes (excluding dancing or entertainment and on-sale hquor) X Satellite television antennae (subject to Section 21.53.130 through 21.53.150)(defined: Section 21.04.302) ?t X Shoe stores or repair shops X Signs {subject to Chapter 21.41) X Stadiums 3 Tailors, clothing or wearing apparel shops X Tattoo parlors (subject to Section 21.42.140(B)(140)) 3 Theaters (motion picture or live) - indoor) 2 Theaters, stages, amphitheaters - outdoor 33 Thrift shops (subject to Section 21.42.140CB)(150)) 31 Transit passenger terminals (bus and train) 2 Veterinary clinic/animal hospital (small animals)(defined: Section 21.04.378) 1 Welfare and chaiitable service (private or semi-private) with no 1 permanent residential uses (i.e.. Good Will, Red Cross. 1 Traveler's Aid) 1 Windmills (exceeding height limit of zone)(subject to Section 21.42,140(B){160)) 2 Wireless communications facilities (subject to Section 21.42.140(B)(165))(defined: Section 21.04.379) 1/2 Youth orgiinizations (e.g.. Bov Scouts. Girl Scouts, Bovs and i Girls Clubs. YMCA. YWCA. except lodgings i 3 .Section 21.01.100) 3 Notes 1. Any use meeting the definition of an entertainment establishment, as defined in Section 8.09.020 of the Carlsbad Municipal Code (CMC), shall be subject to the requirements of CMC Chapter 8.09. 19 ATTACHMENT ? Table A of Section 21.27.020 (O, Office Zone, Permitted Uses) is proposed to be amended as follows: Table A Permitted Uses In the table, below, subject to all applicable permitting and development requirements of the municipal code: "P" indicates use is permitted. (See note 1 below) "CUP" indicates use is permitted with approval of a conditional use permit. (See note 1 below) 1 = Administrative hearing processMinor Conditional Use Permit (Process One), pursuant to Chapter 21.42 of this titie. 2 = Planning commission hearhig processConditional Use Permit (Process Two), pursuant to Chapter 21.42 of this titie. 3 = Citv council hearing processConditional Use Permit (Process Three), pursuant to Chapter 21.42 of this title. "Acc" indicates use is permitted as an accessory use. - MP Accountants X Administrative and executive offices X Advertising agencies X Airports 3 Alcoholic treatment centers 2 Aquaculture (defined: Section 21.04.036) Architects, planners and engineers X Athletic clubs, gymnasiums, health clubs, and physical conditioning businesses 31 Attomeys X Banks and other financial institutions without drive-thm facilities X Biological habitat preserve (subject to Section 21.42.140(B)(30))(defined: Section 21.04.048) 2 Gamp.sites (ovcmiglit)(subject to Section 21.42.140(B)(4Q)) 3 Cemeteries 3 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: 1 Section 21.04.090) 1 Golumbariuros, crematories, and mausoleuins (not within a eomotcr>') 3 Commercial artists X Company and corporate headquarters X Delicatessen (defined: Section 21.04.106) X 4 20 ATTACHMENT ? Dentists, doctors, chiropractors and other incidental related uses such as pharmacies (prescription only), biochemical, x-ray laboratories, medical offices and clinics (excluding hospitals) X Drive-thra facility (netexcluding restaurants) 31 Educational facilities, other (defined: Section 21.04.137) 1 Educational institutions or schools, pubhc/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 Gotf courses 3 Govemment 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 (subiect to Section 21.42.140(B)(S0)) 3 Insurance agencies and services X Labor union offices (no hiring halls) X Management consultants X Mobile buildings (subject to Section 21.42.140(B)(90))(defined: Section 21.04.265) 31 Offices, business and professional, including incidental commercial facilities such as blueprint and photocopy shops and duplicating services X Outdoor dining (incidental)(subject to Section 21.26.013)(defined: Section 210.04.290.1) X Packing/sorting sheds >600 square feet (subject to Section 21.42.140(B)(70)) 1 Parking facilities (primary use)(i.e., day use, short-term, non:: storage) 1 Photographers X Public meeting halls, exhibit halls, and museums 2 Public/quasi-public buildings and facilities and accessory utiUty buildmgs/facilities (defined: Section 21.04.297) 2 Radio/television/microwave/broadcast station/tower 2 Real estate and related services X Recreation facilities 31 Restaurants (bona fide public eating establishment)(subject to Section 21.13. HO(B))(defined: Section 21.04.056) 31 Satellite television antennae (subject to tho provisions of Sections 21.53.130 through 21.53.150 of this code) X Signs (subject to die provisions of this chapter and Chapter 21.41) X Stadiums 3 Stockbrokers X Title and trast companies X Transit passenger terminals (bus and train) 2 Travel agencies X 21 ATTACHMENT? Veterinary clinic/animal hospital (small animals)(defined: Section 21.04.378) 1 Windmills (exceeding height limit of zone)(subject to Section 21.42.140(B)(160)) 2 Wireless communications- facilities (subject to Section 21.42.140(B)(165))(defmed: Section 21.04.379) 1/2 Zoos (private)(subject to Section 2L42.140(B)(170))(defincd: Section 21.0^.100) 3 Notes: 1. Any use meeting the definition of an entertainment establishment, as defined in Section 8.09.020 of the Carlsbad Municipal Code (CMC), shall be subject to the requurements of CMC Chapter 8.09. ( 22 ATTACHMENT ? Table A of Section 21.28.010 (C-2, General Commercial Zone, Permitted uses) is proposed to be amended as follows: Table A Permitted Uses (' In the table, below, subject to all applicable permitting and development requirements of the municipal code: "P" indicates use is permitted. (See note 1 below) "CUP" indicates use is permitted with approval of a conditional use permit. (See note 1 below) 1 = AdminisU'ative heaiing process-Minor Conditional Use Pennit (Process One), pursuant to Chapter 21.42 of this titie. 2 = Planning commission hearing process Conditional Use Permit (Process Two), pursuant to Chapter 21.42 of this title. 3 = Gity oouncil hearing process Conditional Use Permit (Process Three), pursuant to Chapter 21.42 of tills title. "Acc" indicates use is permitted as an accessory use. Adult and/or senior dav care and/or recreation facilitv (private or 1 non-private) 1 •^Mrports 3 Alcoholic treatment centers 2 Amusement parks 3 Any use permitted in the C-1 zone X Aquaculture (defined: Section 21.04.036) 31 Aquaculture stands (displav/sale)(subiect to Section 1 21.42.140.B.10) 1 Arcades - coin-operated (subject to Section 21.42.140(B)(15)) (defined: -Section 21.04.091) 1 Athletic clubs, gymnasiums, health clubs, and physical conditioning businesses X Auto repairing X Bars, cocktail lounges (subject to Section 21.42.140(B)(20)) (defined: Section 21.04.041) (see note 1 below) 2 Biological habitat preserve (subject to Section 21.42.140(B)(30)) (defined: Section 21.04.48) 2 Blueprintmg, photocopying, and duplicating services X Bowling alley (subject to Section 21.42.140(B)(40))-(def]ned: Section 21.040.057) 31 Campsites (ovemight) (subject to Section 21.12.M0(B)(10)) 3 Car wash (subject to Section 21.42.140(B)(45)) 31 Coiiieterie.'i 3 23 ATTACHMENT 7 mm Churches, synagogues, temples, convents, monasteries, and other places of worship 2 Clubs - nonprofit, business, civic, professional, etc. (defined: 1 Section 21.04.090) 1 Columbariums;—crematories, and mausoleums (not within a cemetery) 2 Commercial printmg and photoengraving x Delicatessen (defined: -Section 21.04.106) x Drive-thra facilities (ftet-excluding restaurants) 31 Educational facilities, other (defined: -Section 21.04.137) X Educational institutions or schools, public/private (defined: -Section 21.04.140) 2 Fairgrounds 3 Farmworker housing complex, small (subject to Section 21.10.125)(defined: 21.04.148.4) 1 Gas stations (subject to Section 21.42.140(B)(65)) 2 Golf courses 3 Greenhouses > 2,000 square feet (subject to Section 21.42.140(B)(70)) 1 Hospitals (defined: Section 21.04.170) 2 Hospitals (mentalHdefined: -Section 21.04.175) 2 Hotels and motels (subject to Section 21.42.140(B)(80)) 33 Liquor store (subject to Section 21.42.140(B)(85))—(defined: Section 21.04.203) 31 Mobile buildmgs (subject to Section 2L42.140(B)(80))-(defined: Section 21.04.265) 31 Mortuaries 2 Nightclubs, dance clubs, and other establishments tiiat plav live or 3 recorded music or make regular use of amplified sound (see note I 3 below) 3 Outdoor dining (incidental)(subject to Section 21.26.0l3)(defined: Section 21.04.290.1) X Packing/sorting sheds > 600 square feet (subject to Section 21.42.140(B)(70)) 1 Parking faciUties (primarv use)(i.e., dav uses, short-temi. non-1 storage) 1 Pawnshops (subject to Section 21.42.140(B)(105)) 3 Pet shops X Pool halls, billiard parlors (subject to Section 21.42.140(B)(110)) (defined:- Section 21.04.292) 2 Public meeting halls, exhibit halls, aud museums 2 Public/quasi-public buildings and facilities and accessory utility buildings/facilities (defined: -Section 21.04.297) 2 Racetracks 2 Radio/television/microwave/broadcast station/tower 2 Recreation facilities 31 Recvchng collection faciUties. large (subject to Chapter 2 21.105)(defined: Section 21.105.015 2 Recycling collection facilities, small (subject to Chapter 21.105-6f this-tiae)-(defined:- Section 21.105.015) 1 a this tide) (defined: Section 21.105.015) a 24 ATTACHMENT 7 Religious reading room 1 Residential uses (subject to Section 21.28.015 of this title) X Retail, wholesale, or service businesses catering directly to the consumer X SatelUte television antennae (subject to tho provisions of Sections 21.53.130 through 21.53.140)(defined: Section 21.04.302)of this X Signs (subject to the provisions of Chapter 21.41) * X Stadiums 3 Tattoo parlors (subject to Section 21.42.140(B)(150)) 3 Theaters (motion picture or live) - indoor 2 Theaters, stages, amphitheaters — outdoor 33 Thrift shops (subject to Section 21.42.140(B)(150)) 31 Transit passenger terminals (bus and train) 2 Upholstering shops X Veterinary clinic/animal hospital (small animals)-(defined:- Section 21.04.378) 1 Welfare and charitable services (private or semi-private) with no 1 permanent residential uses (e.g.. Good Will. Red Cross, Traveler's 1 Aid) 1 Windmills (exceeding height limit of zone)—(subject to Section 21.42.140(B)(160)) 2 Wireless communications facilities (subject to Section 21.42.140(B)(165)) 1-/-2 Youth organizations (e.g., Bov Scouts, Girl Scouts. Bovs and Girls 1 Clubs. YMCA. YWCA. except lodgings 1 ynn" ("nrivnfpV-iihirr-t tr> ^rffinn ''I ^ A0(TKV'\10'\YAff\r]('d-3 Section 21.01.100) 3 Notes: 1. Any use meeting the definition of an entertainment establishment, as defined in Section 8.09.020 of tiie Carlsbad Municipal Code (CMC), shall be subject to the requirements of CMC Chapter 8.09. 25 ATTACHMENT ? • Limited IndusUial Zone, Permitted uses) is 'v Table A of Section 21.30.010 (C-M, Heavy Commercial • proposed to be amended as follows: Table A Permitted Uses In the table, below, subject to all applicable permitting and development requirements of the municipal code: "P" indicates use is permitted. (See notes 2 and 3 below) "CUP" indicates use is permitted with approval of a conditional use permit. (See notes 2 and 3 below) 1 = Admlnistrativo hearing process Minor Conditional Use Permit (Process One), pursuant to Chapter 21.42 of this titie. 2 = Planning commisaion hearing process Conditional Use Permit (Process Two), pursuant to Chapter 21.42 of this title. 3 = Citv council hearing process Conditional Use Permit (Process Three), pursuant to Chapter 21.42 of this title. "Acc" indicates use is permitted as an accessory use. mm 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 pennitted in the C- M ZOUCT (with exceptions as set out in note lr below) X Aquaculture (defined:- Section 21.04.091) 31 Aquaculture stands (displav/sale)(subiect to Section 21.42.140.B.10 1 Arcades - coin-operated (subject to Section 21.42.140(B)(15)) (defined:- Section 21.04.091) 1 Assembly of electtical appUances such as: —(A) electronic instmments and devices, (B) radios and phonographs, including manufacture of small parts, such as coils X Auction houses or stores X Auto storage/impound yards (i.e., ovemight product storage) 2 Biological habitat preserve (subject to Section 21.42.140(B)(30)) (defmed: -Section 21.04.048) 2 Boat building (Umited to those craft which may be transported over a state highway without pemiit) X Body and fender works, including painting X Book printing and publishing X Bookbinding X Bowling alley (subject to Section 21.42.140(B)(35))—(defmed: Section 21.04.057) 31 Breweries X 26 ATTACHMENT ? ( Breweries with retail accessorv use. including tasting rooms, up to 3 20% of the gross floor ai-ea or the building or .suite (as applicable) or 3 2.000 sauai-e feet whichever is less (see note 4 below) 3 Building material storage yards X Cabinet shops X Campsites (overnight) (subject to Section 21.42.140(B)(4Q)) 3 Carpet cleaning plants X Cemeteries 3 Ceramic products, manufacture of, including figurines, using only previously pulverized clay and kilns fired only by electricity or low pressure gas X Child day care center (subject to Chapter 21.83)(defmed: Section 21.04.086) 2 Churches, synagogues, temples, convents, monasteries, and other places of worship 2 Cleaning and dyeing plants X Clubs - nonprofit, business, civic, professional, etc. (defined: 1 Section 21.04.090) 1 ColumbariumsT crematories,—and mausoleums (not within a cemetery) 2 Delicatessen (defined:- Section 21.04106) X Drive-thm facilities (net-excluding restaurants) 31 Dwelling on the same lot which a factory is located when such dwelling is used exclusively by a caretaker or superintendent of such factory and his family. When such dwelling is established, all required yards in the R-3 zone shall be maintained^ X Educational faciUties. other (defined: Section 21.04.137) 1 Educational institutions or schools, pubUc/private (defined: Section 21.04.140) 2 Fairgrounds 3 Farmworker housing complex, small (subject to Section 21.10.125)(defined: 21.04.148.4) 1 Feed and fuel yards X Frozen food lockers X Gas stations^ (subject to Section 21.42.140(B)(65)) 2 Glass studios, stainmg, edging, beveling and silvering in connection with sale of minors and glass for decorating purposes X Golf courses 3 Greenhouses > 2,000 square feet (subject to Section 21.42.140(B)(70)) 1 Hazardous waste facihty (subject to Section 21.42.140(B)(75)) (defined:- Section 21.04167) 3 Hospital, industrial emergency (not full hospital or mental hospital) X Kennels (defined: Section 21.04.195) 31 Laboratories, experimental, motion picture, testing X Laundries X Lumber yards (no planing miUs 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) 31 Mortuaries 2 27 ATTACHMENT ? Musical insttuments, manufacture of X Newspaper/periodical printing and publishing X 3 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 Paridng facilities (primary use)—(i.e., day use, short-term, non^ storage) 1 Pawnshops (subject to Section 21.42.140(B)(105)) 3 Plumbing shops and plumbing shop supply yards X Pool halls, billiard parlors (subject to Section 21.42.140(B)(110)) (defined:- Section 21.04.292) 2 Public scales X Public/quasi-public buildings and facilities and accessory utility buildings/faciUties (defined:- Section 21.04.297) 2 Racetracks 2 Radio/television/microwave/broadcast station/tower 2 Recreation facilities 31 Recreational vehicle storage (subject to Section 21.42.140(B)(120)) (defined:- Section 21.04.299) 1 RecycUng collection facilities, large (subject to Chapter 21.105) (defined:- Section 21.105.015) 4-2 RecycUng collection facilities, smaU (subject to Chapter 21.105) (defined:- Section 21.105.015) 1 Recycling process/transfer faciUty 2 Restaurants (bona fide public eating establishment) (defined: Section 21.04.056) 31 Satellite antennae (>1 per use)-(defined:- Section 21.04.302) 1 Satellite television antennae (subject to the provisions of Sections 21.53.130 tiirough 21.53.I40)(defined: Section 21.04.302) ef-this code Jt X Sheet metal shops X Signs (subject to the provisions of 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)) 31 Tire rebuilding, recapping and retreading X Transit passenger terminals (bus and train) 2 Transit storage (ex. rolling stock) 2 Veterinary clinic/animal hospital (small animals)-(defined:- Section 21.04.378) 1 Wholesale businesses, storage buildings and warehouses X Windmills (exceeding height limit of zone)-(subject to Section 21.42.140(B)(160)) 2 Wireless communications facilities (subject to Section 21.42.140(B)(165))-(defined:- Section- 21.04.379) 1/2 Zoos (private) (subject to Section 21.12.110(B)(170)) (defined: Section 21.01.400) a 28 ATTACHMENT ? Notes 1. Any use permitted in the commercial zones is allowed in the C-M zone, except: (A) Hotelst and motels and auto courts, (B) Hospitals (however, industrial emergency hospitals are pennitted), (C) Residential care facilities, (D) Professional care facilities, (E) Private clubs, fraternities, sororities and lodges, excepting those the chief activity of which is a service customarily carried on as a business, (F) Institutions of a philanthropic or eleemosynary nature, including conectional and mental. Any use meeting the definition of an entertainment establishment, as defined in Section 8.09.020 of the Carlsbad Municipal Code (CMC), shaU be subject to the requirements of CMC Chapter 8.09. For propeities 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 accessorv to the permitted use and wholly contained within the building. All products for retail sale shall be produced, disttibuted and/or warehouses on the premises. No outdoor display of merchandise or retail sales shall be permitted unless customarily conducted in the open. Pai'king for the accessorv retail use shall be determined based on the parking requirement for the primary use pursuant to CMC Chapter 21.44. 29 ATTACHMENT? iiliiiiiiiililliiiiiliilM Table A of Section 21.31.030 (C-L, Local Shopping Center Zone, Permitted uses) is proposed to be amended as follows: Table A Uses-Permitted in the C L ZoneUses In the table, below, subject to all appUcable permitting and development requirements of the municipal code: "P" indicates the use is pennitted. (See note 5 below) "CUP" indicates that the use is permitted with approval of a conditional use permit. (See note 5 below) 1 = Administrative hoariug process Minor Conditional Use Permit (Process One), pursuant to Chapter 21.42 of this title. 2 = Planning commission hearing process-Conditional Use Permit (Process Two), pursuant to Chapter 21.42 of this thle. 3 = Citv council hearing process Conditional Use Permit (Process Three), pursuant to Chapter 21.42 of this title. "Acc" indicates use is permitted as an accessory use. wmm mm Accessory buildings/stractures, which are customarily appurtenant to a pennitted use (ex. incidental storage facilities (see note 1^ below)-(defmed:- Section 21.04.020) X Adult and/or senior day care and/or recreation facility (private or non^private) 31 Alcoholic treatment center 2 All uses permitted in Chapter 21.25 not otiierwise listed herein (GF Community Facilities Zone) a 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 BowUng alley (subject to Section 21.42.140(B)(35))-(defined: Section 21.04.057) 31 Breweries with retail accessorv use, mcluding tasting rooms 3 Car wash (subject to Section 21.42.140(B)(45)) 31 Child day care centers (subject to Chapter 21.83)-(defined:- Section 21.04.086) X Clubs - nonprofitfj business, civic, professional, etc. (defined: sSection 21.04.090) 31 Delicatessen (defined: Section 21.04.106) X Drive-thru facilities (ftet-excludins restaurants) 31 30 ATTACHMENT ? Dmg paraphemaUa store (subject to Section 21.42.I40(B)(55)) ••••1 Educational faciUties, 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 (see note 1, below) X Liquor store (subject to Section 21.42.140(B)(85))--(defined: Section 21.04.203) 31 Manufacturing/fabrication of goods (ancillary)-(subject to Section 21.31.070)-(see note I7 below) X Medical uses (excluding hospitals), including offices for medical practitioners, clinics, incidental laboratories, and pharmacies (prescription only) X Mobile buildmgs (subject to Section 21.42.140(B)(90))-(defined: Section 21.04.265) 31 News/ magazine stands (see note h below) X Nightclubs, dance clubs, and other establishments that play live or recorded music or make regular use of amplified sound 2 Office uses, that provide services directly to consumers, includmg, but not limited to, banking, financial, insurance, and real estate services (see note 3^ below) X Outdoor diiung (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.B1 (see note 1, below) X Packing/sorting sheds > 600 square feet (subject to Section 21.42.140(B)(70)) 1 Pet shops/-pet suppUes X Plant nurseries and nursery supply 1 Pool halls, biUiard parlors (subject to Section 21.42.140(B)(110)) (defmed:- Section 21.04.292) 2 Public meeting haUs, exhibit haUs, and museums 2 Public/quasi-public buildings and facilities and accessory utility buildingsAfaciUties (defined:- Section 21.04.297) 2 Radio/television/microwave/broadcast station/tower 2 Recreation facilities 1 Recycling collection facilities, large (subject to Chapter 21.105-ef this-title)-(defined:- Section 21.105.015) 2 Recycling collection faciUties, small (collection, temporary storage) (subject to Chapter 21.105 of this title:—sSee also Section 21.31.080 of tiiis chapter)-(defined:- Section 21.105.015) 1 Recycling, reverse vending machine (subject to Chapter 21.105-ef tills titie. See also Section 21.31.080 of this chapter)-(defmed: 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 titie) X 31 ATTACHMENT? Restaurants, cafes, and coffee shops, including take-out only service (ne-excluding drive-thra) X Retail uses that provide goods sold directly to consumers, and focusing on the needs of the local neighborhood, including sales of Uquor (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 directiy to consumers, and focusing on the needs of the local neighborhood, including, but not limited to, personal grooming, dry cleaning, and tailoring services X Signs (subject to Chapter 21.41-of this titie) X Temporary building/trailer (constmction)—(subject to Section 21.53.110) X Theaters (motion picture or live) - indoor 2 Theaters, stages, amphitheaters, outdoor 33 Thrift shoos (subiect to Section 21.42.140(B)(150)) 1 Veterinary clinic/animal hospital (small animals)-(defined:- Section 21.04.378) 1 Welfare and chaiitable services (private or semi-private) witii no 1 permanent residential uses (e.g.. Good Will. Red Gross. Traveler's 1 Aid) 1 Youth organizations (e.g.. Boy Scouts, Girl Scouts. Bovs and Girls i Clubs. YMCA. YWCA. except lodgings i Wireless communications facilities (subject to Section 21.42,140(B)(165))-(defined:- Section 21.04.379) 1-/-2 Notes: 1. Accessory buildings and stractures and ancillary uses shall be developed as an integral part of a permitted use within or on the same stracture or parcel of land. 2. Educational facilities, other. No individual educational facility shall occupy more than ten thousand square feet of gross leasable floor area within any local shopping center. 3. Offices. The total floor area of an office uses shall not exceed forty percent of the gross leasable floor area within any local shopping center. 4. Retail sales may also include those types of goods and services that are typicaUy 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 Carlsbad general plan. 5. Any use meeting the definition of an entertainment estabUshment, as defined in Section 8.09.020 of tiie Carlsbad Municipal Code (CMC), shall be subject to the requirements of CMC Chapter 8.09. 32 ATTACHMENT ? ( Table A of Section 21.32.010 (M, Industrial Zone, Permitted uses) is proposed to be amended as follows: Table A Permitted Uses In the table, below, subject to all appUcable permitting and development requirements of the municipal code: "P" indicates use is permitted. (See note I below) "CUP" indicates use is permitted with approval of a conditional use permit. (See note 1 below) 1 = AdminLstrativo heaiing process Minor Conditional Use Permit (Process One), pursuant to Chapter 21.42 of this titie. 2 = Planning comroiGsion hearing process-Conditional Use Permit (Process Two), pursuant to Chapter 21.42 of this titie. 3 = Gity council hearing process Conditional U.se Permit (Process Three), pursuant to Chapter 21.42 of this title. "Acc" indicates use is permitted as an accessory use. 'mm Adult businesses (subject to Chapter 21.43 of this titie, and Chapter 8.60 of CMC Title 8) X Airports 3 Alcoholic treatment centers 2 Any industrial use not specifically permitted herein must be X » 11.. \ It. 11.5 pruTlUCU ill V.^llupLLJl Al.-VJL J.Ul U CUllUIHUIJUl UalJ pCiiillt X » lil uiuui LU iuculL: iiiuiiouy 111 Wv piDpui uiiU U%UllULJiC lUUUUiUliiii'lllt? X » X » UUVUJUpiilLJill UA.ll,liii^ ill UllU lilUUIlU IIIU CiLYIlItlY UC ^.vjlli>lvidCU Uy the Citv 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) 31 Aquaculture stands (displav/sale)(subiect to Section 1 21.42.140(B)(10)) 1 Auto storage/impound yards (i.e., ovemight product storage) 2 Auto wrecking yards (defined:- Section 21.04.040) 2 Automobile painting. All painting, sanding and baking shall be wholly conducted within a building. X Bakeries X Biological habitat preserve (subject to Section 21.42.140(B)(30)) (defined:- Sectiour- 21.04.048 2 Body and fender works, including painting X Book printing and publishing X Bookbinding X 33 ATTACHMENT ? 4i^l^ Bottling plants X Breweries X Breweries with retail accessorv use. including tasting rooms, up to 3 20% of the gross floor area of the building or suite (as appUcable) or 3 2.000 sauare feet, whichever is less (see Note 2 below) 3 Campsites (overnight) (subject to Section 21.'12.M0(B)(40)) 3 Cemeteries 3 Churches, synagogues, temples, convents, monasteries, and other places of worship 2 Clubs - nonprofit, business, civic, professional, etc.) (defined: -i Section 21.04.090) -i Columbariums, crematories, and mausoleums (not within a cemetery) 2 Creameries X Dairy products manufacture X DeUcatessen (defmed:- Section 21.04.106) X Draying, freighting or tracking yards or terminals X Drive-thra faciUties (»et-excluding restaurants) 31 Dumps (publicHdefined:- Section 21.04.110) 3 Educational faciUties. 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 Fmit and vegetable canning, preserving, and freezing X Fmit packing houses X Fumiture manufacture X Garment manufacturers X Gas stations (subject to Section 21.42.140(B)(65)) 2 Golf courses 3 Greenhouses > 2,000 square feet (subject to Section 21.42.140(B)(70)) 1 Hazardous waste facility (subject to Section 21.42.140(B)(75)) (defined:- Section 21.04.167) 3 Hospitals (defined:- Section 21.04.170) 2 Hospitals (mental)-(defined:- Section 21.04.175) 2 Ice and cold storage plants X Kennels (defined: Section 21.04.195) 31 Lumber yards X Machine shops X Manufacture or prefabricated buildings X 34 ATTACHMENT 7 Mills, planing 2 Mini-warehouse, self-storage 2 Mobile buildings (subject to Section 21.42.140(B)(90))-(defined: Section 21.04.265) 31 Mortuaries 2 Newspaper/periodical printing and publishing X a Oil and gas facilities (on-shore)—(subject to Section 21.42.140(B)(95)) 3 Outdoor dining (incidental)-(subject to Section 21.26.013)-(defmed: 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 (subiect to Section 21.42.140(B)(105)) 3 Plastics, fabrication from X Public/quasi-public buildings and faciUties and accessory utility buildings/facilities (defined:- Section 21.04.297) 2 Racetracks 2 Radio/television/microwave/broadcast station/tower 2 Recreation facilities 31 Recreational vehicle storage (subject to Section 21.42.140(B)( 120)) (defined:-21.04.299) 1 Recyclmg collection faciUties, 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/ ttransfer faciUty 2 Rubber, fabrication of products made from finished rabber X Satellite antennae (>1 per use)-(defined:- Section 21.04.302) 1 SatelUte television antennae (subiect to Sections 21.53.130 through 21.53.150) (defined: Section 21.04.302) 9t X Sheet metal shops X Shoe manufacturing X Signs (subiect 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)) 31 Tire rebuilding, recapping and retteading X Transit passenger bus terminals (bus and train) 2 Transit storage (ex. roUing stock) 2 Track steam cleaning equipment . X Veterinary clinic/animal hospital (small animals)-(defined:- Section 21.04.378) 1 WindmiUs (exceeding height limit of zone)-(subject to Section 21.42.140(B)(160)) 2 Wireless communications faciUties (subject to Section 21.42.140(B)(165)) (defined:- Section 21.04.379) 1-/-2 35 ATTACHMENT ? Section 21.01.100) Notes: 1. 2. Any use meeting the definition of an entertainment establishment, as defined in Section 8.09.020 of the Carlsbad Municipal Code (CMC), shall be subject to the requirements of CMC Chapter 8.09. The retail use shall be accessory to the permitted use and wholly contained within the building. All products for retail sale shall be produced, distributed and/or warehouses on the premises. No outdoor display of merchandi.se or retail sales shall be permitted unless customarily conducted in the open. Parking for the accessorv retail use shall be determined based on the parking requirement for tiie primarv use pursuant to CMC Chapter 21.44. 36 ATTACHMENT ? mm Table A of Section 21.33.020 (O-S, Open Space Zone, Pennitted Uses) is proposed to be amended as follows: Table A Permitted Uses In the table, below, subject to all appUcable permitting and deyelopment requirements of the municipal code: "P" indicates use is permitted. (See note 1 below) "CUP" indicates use is permitted with approval of a conditional use pennit. (See note 1 below) 1 = Administrative hearing process Minor Conditional Use Permit (Process One), pursuant to Chapter 21.42 of tins title. 2 = Planning commission hearing process Conditional Use Permit (Process Two), pursuant to Chapter 21.42 of this titie. 3 =i Citv oouncil hearing process Conditional Use Permit (Proce.ss Three), pursuant to Chapter 21.42 of this title. "Acc" indicates use is permitted as an accessory use. Aquaculture (defined:- Section 21.04.036) 31 Aquaculture stands (display/sale)-(subject to Section 21.42.140(B)(10)) 31 Athletic fields 2 Barbeque and fire pits X Beaches and shoreline recreation, pubUc X Bicycle paths X Biological habitat preserve (subject to Section 21.42.140(B)(30)) (defined:- Section 21.04.048) 2 Campsites (oyemight)-(subject to Section 21.42.140(B)(40)) 2 Cemeteries (mav include accessorv mausoleums and columbariums) 3 Changing rooms X City picnic areas X City playgrounds X Clubhouses X Columbariums, crematoriums, and mausoleums (not within a 3 Cultural activities and facilities 31 Educational institutions or schools, public/private (defined:- Section 21.04.140) 2 Entertainment activities and faciUties 31 Fairgrounds 3 Fallow lands X 37 ATTACHMENT ? 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 33 Greenhouses (2,000 sauare 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) 31 Open space and conservation easements X Orchards and vineyards X Other similar accessory uses and stractures 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 PaiL"), pubUo Pasture and rangeland X Patios X Picnic areas (private) 31 Playground equipment X Playgrounds (private)/ playfields (see note 2 below) 31 Pool filtering equipment X Pubhc access easement, non-vehicular X Public lands X PubUc restrooms X PubUc/quasi-public buildings and facilities and accessory utility buildings/-faciUties (defined:- Section 21.04.297) 2 Radio/television/microwave/broadcast station/tower 2 Recreation facilities 31 Recycling coUection facilities, large (subject to Chapter 21.105-el this-titleHdefined:-Section 21.105.015) 2 Recycling coUection faciUties, small (subject to Chapter 21.105-^ this titleXdefmed:- Section 21.105.015) 1 Scenic easements X Signs (subiect to Chapter 21.41) X Slope easements X Stables/-riding academies 2 Stadiums 3 Stairways X Swinuning pools (see note 2 below) 31 Tennis courts (see note 2 below) 31 Theaters, stages, amphitheaters - outdoor 2 Transportation rights-of-way X Tree farms X Track crops X Vista points X 38 ATTACHMENT ? Windmills (exceeding height Umit of zone)-(snbject to Section 21.42.140(B)(160)) Wireless communications facilities (subject to Section 21.42.140(B)(165)Kdefined:- Section 21.04.379) 1/2 Zoos (private)-(subjectto Section 21.42.140(B)(170)) Notes: 1. Any use meeting the definition of an entertainment estabUshment, as defined in Section 8.09.020 of die Carisbad Municipal Code (CMC), shall be subject to the requirements of CMC Chapter 8.09. 2. A conditional use permit is required unless the use is permitted in coniunction with another perniit such as a Master Plan. Specific Plan, or Planned Development. 21.33.060 Building Height No building or sttucture in the O-S zone disttict shall exceed twenty-five feet in height unless a higher elevation is approved by a minor conditional use permit issued by the Planning Commission.City Planner. 39 ATTACHMENT ? Section 21.34.010(1) (Intent and Purpose, P-M Planned Industrial Zone) is proposed to be amended as follows: The intent and puipose of this chapter is to accompUsh the following: (1) AUow the location of business and light industries engaged primarily in research and/or testing, compatible Ught manufacturing, and business and professional offices; when engaged in activities associated with corporate offices ov in activities Vi'hose primary puipose is not to cater directly to tho general public, allow and-certain commercial/retail uses which cater to, support, or and-are accessoryanoillar>' to the uses allowed in this zoner; 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. Table A of Section 21.34.020 (P-M, Planned Industrial Zone, Permitted Uses) is proposed to be amended as foUows: Table A Permitted Uses Ll the table, below, subject to all applicable permitting and development requirements of the municipal code: "P" indicates use is permitted. (See note 2 below) "GUP" indicates use is permitted with approval of a conditional use permit. (See note 2 below) 1 - Administrative licaruig process Minor Conditional Use Permit (Process One), pursuant to Chapter 21.42 of this titie. 2 = Planning commission hearing process Conditional Use Permit (Process Two), pursuant to Chapter 21.42 of this titie. 3 = Citv council hearing process Condhional Use Permit (Process Three), pursuant to Chapter 21.42 of this title. "Acc" indicates use is permitted as an accessory use. Accessory uses and stractures 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 ofCMC Title 8) X Advertising agencies (see note 1 below) X Advertising - direct mail (see note 1 below) X 40 ATTACHMENT ? r SHI Agricultural consultants (see note 1 below) X Air courier service (see note 1 below) X Airline offices, general offices (see note 1 below) X Airports 3 Alcoholic freatment centers 2 Answering bureaus (see note 1 below) X Appraisers (see note 1 below) X Aquaculture (defined:- Section 21.04.036) 31 Aquaculture stands (display/sale)(subiect to Section i 21.42.140(B)(10)) Arbitrators (see note 1 below) X Architect design and planners (see note 1 below) X Athletic clubs, gymnasiums, health clubs, and physical conditioning businesses 31 Attomey services (no legal clinics)-(see note 1 below) X Attome^'-services (see-note 1 below) Audio-visual services (see note 1 below) X Auto storage/ impound yards (i.e., ovemight product storage) 2 Auto wrecking yards (defined:- Section 21.04.040) 2 Banks and other financial institutions without drive-thra facilities X Billing service (see note 1 below) X Biological habitat preserve (subject to Section 21.42.140(B)(30)) (defined:- Section 21.04.048) 2 Blueprinters (see note 1 below) X Book printing and publishing X Bookbinding X Bookkeeping service (see note 1 below) X Breweries X Breweries with accessorv retail use, including ta.sting rooms, up to 3 20% of the gross tloor ai'ea of the building or suite (as applicable) or 2,000 squai-e feet, whichever is less (see note 3 below) Building designers (see note 1 below) X Building inspection service (see note 1 below) X Burglar alarm systems (see note 1 below) X Business consultants (see note 1 below) X Business offices for professional and labor organizations (see note 1 below) X Campsites (overnight) (subject to Section 21 •42.14Q(B)(40)) Cemeteries 3 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, bu.siness. civic, professional, etc. (defined: 1 Section 21.04.090) Collection agencies (see note 1 below) X Columbariums, crematories, and mausoleums (not within a 2 cemetery) Commercial artists (see note 1 below) X Commodity brokers (see note 1 below) X Communications consultants (see note 1 below) X 41 ATTACHMENT ? Computer programmers (see note 1 below) X Computer service (time-sharing) X Computer systems (see note 1 below) X Constraction manager (see note 1 below) X Corporate headquarters office (see note 1 below) X Corporate travel agencies and bureaus (see note 1 below) X Credit rating service (see note 1 below) X Data communication service (see note 1 below) X Data processing service (see note 1 below) X Data systems consultants (see note 1 below) X DeUcatessen (defined:- Section 21.04.106) X lr 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-thra facilities (aet-excluding restaurants) 31 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, pubUc/private (defined:- Section 21.04.140) 2 Educational research (see note 1 below) X Electric contractors (sales and administrative offices only)-(see note 1 below) X Electronics consultants (see note 1 below) X 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 conttactors (no equipment storage permitted)-(see note 1 below)" X Geophysicists (see note 1 below) X 42 ATTACHMENT ? mm Golf courses 3 Govemment contract consultants (see note 1 below) X Government facilities and offices X Governmental agencies (general and administtative 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 (mentalHdefined:- Section 21.04.175) 2 Hotels and motels (subject to Section 21.42.140(B)(80)) 33 Human factors research and development (see note 1 below) X Human services organization (administtative offices only)-(see note 1 below) X Importers (see note 1 below) X Incorporating agency (see note 1 below) X Industrial medical (workers' comp.)-(see note 1 below) X Information bureaus (see note 1 below) X Insurance companies (administrative offices only)—(see note 1 below) X Interior decorators and designers (no merchandise storage permittedKsee note 1 below) X Investigators (see note 1 below) X Investment advisory (see note 1 below) X Investment securities X Kennels (defined: Section 21.04.195) 31 Labor relations consultants (see note 1 below) X Leasing services (see note 1 below) X Lecture bureaus (see note 1 below) X Literary agents (see note 1 below) X Magazine subscription agents (see note 1 below) X Mailing list service (see note 1 below) X Management consultants (see note 1 below) X Manufacturers agents (see note 1 below) X Manufacturing and processing facilities X Marketing research and analysis (see note 1 below) X Message receiving services (see note 1 below) X Mini-warehouses/selfiStorage 2 Mobile buildmgs (subject to Section 21.42.140CB)(90))-(defined: Section 21.04.265) 31 Mutual funds (see note 1 below) X Newspaper/periodical printing and publishing X 3 Oil and gas faciUties (on-shore)—(subject to Section 21.42.140(B)(95)) 3 On-site recreational facilities intended for the use of employees of the planned industrial zone X Outdoor dining (incidental)(subiect to Section 21.26.0I3)(defined: X Section 21.04.290.1) X Packing/sorting sheds >600 square feet (subject to Section 21.42.140(B)(70)) 1 43 ATTACHMENT? ( 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 service bureau (see note 1 below) X photographic (industrial and commercial only) (see note 1 below) X Printing services (see note 1 below) X product developraent 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/faciUties (defined:- Sectionf- 21.04.297) 2 Publicity services (see note 1 below) X Publishers representatives (see note 1 below) X Racefracks 2 Radio communications (see note 1 below) X Radio/television/microwave/broadcast tower 2 Real estate brokers (commercial and industrial only)-(see note 1 below) X Real estate developers (see note 1 below) X Recording service (see note 1 below) X Recreation facilities 31 Recreational vehicle storage (subject to Section 21.42.140(B)(120)) (defined:- Section 21.04.299) 1 RecycUng collection facilities, large (subject to Chapter 2 21.105)(defined: 21.105.015) 2 Recycling collection facilities, smaU (subject to Chapter 21.105-ef this titio)-(defmed:- Section 21.105.015) 1 RecycUng collection facilities, large-(subject to (Thaptor 21.105 of thio tide) (defined: Section 21.105.015) 3 Recycling process/-transfer facility 2 Relocation service (see note 1 below) X Repossessing service (see note 1 below) X 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 estabUshment) —(defined: Section 21.04.056) 31 Retail, accessorv use, including tasting/sampling rooms. 1 showrooms. misceUaneous retail, up to 20%. of the gross floor area 1 of the building or suite (as applicable) or 2.000 square feet. 1 whichever is less (see note 3 below) 1 Retail-«ses. primarv 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 SatelUte antennae (>1 per use)-(defined:- Section 21.04.302) 1 Satellite television antennae (subiect to Sections 21.53.130 through 21.53.150)(defined: 21.04302) X Searchers of records (see note 1 below) X 44 ATTACHMENT ? Securities systems (see note 1 below) X Mi Security firms (see note 1 below) X Signs (subject to Chapter 21.41) ft X Sound system consultants (see note 1 below) X Space planning consultants (see note 1 below) X Space research and developments (see note I below) X Stadiums 3 Stock and bond brokers (see note 1 below) X Storage, wholesale, and distribution faciUties X Surveyors (see note 1 below) X Tax service and consultants (no consumer oriented uses) (see note 1 below) X Telephone cable companies (see note 1 below) X Telephone systems (see note I below) X Title companies (see note 1 below) X Tour operators (see note 1 below) X Trademark consultants (see note 1 below) X Transit passenger terminals (bus and train) 2 Translators and interpreters (see note 1 below) X Trast 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 communications facilities (subject to Section 21.42.140(B)(165))-(defmed:- Section 21.04.379) 1/2 Zoos (private) (subject to Section 21.42.140(B)(170)) (defined: Section 21.01.100) a Notes: 1. Business and professional offices which are primaiily 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 compatible with the industtial uses in the vicinity. 2. Any use meeting the definition of an entertainment establishment, as defined in Section 8.09.020 of the Carlsbad Municipal Code (CMC), shaU be subject to the requirements of CMC Chapter 8.09. 3. The retail use shall be accessorv to the permitted primarv use and wholly contained witiiin 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 pennitted unless customarily conducted in the open. Parking for the accessory retail use shall be determined based on the pai'king requirement for the primary u.se pursuant to CMC Chapter 21.44. 4. A primary retail use shaU cater to or support the industrial and oflice uses in the P-M zone. 45 ATTACHMENT ? Table A of Section 21.36.020 (P-U, Public UtiUty zone, Pemiitted Uses) is proposed to be amended as follows: Table A Pemiitted Uses In the table, below, subject to all applicable permitting and development requirements of the municipal code: "P" indicates use is permitted. (See note 1 below) "CUP" indicates use is permitted with approval of a conditional use permit. (See note 1 below) 1 = Administrative hearing process Minor Conditional Use Permit (Process One), pursuant to Chapter 21.42 of this titie. 2 = Planning commission hearing- process-Conditional Use Permit (Process Two), pursuant to Chapter 21.42 of this titie. 3 = CitV' eouneil hearing process Conditional Use Permit (Process Three), pursuant to Chapter 21.42 of this title. "Acc" indicates use is permitted as an accessory use. Accessory uses and stmctures X Airports 3 •Alcoholic treatment centers 3 Aquaculture (defined: Section 21.04.036) 31 Aquaculture stands (display/sale)—(subject to Section 21.42.140(B)(10)) 31 Biological habitat preserve (subject to Section 21.42.140(B)(30)) (defined: Section 21.04.048) 2 GampGites (overnight) (subject to Section 21.12.110(B)(40)) 3 Cemeteries 3 3 cemeteoO 3 Crop production X Energy transmission faciUties, including rights-of-way and pressure conttol or booster stations for gasoline, electricity, natural gas, synthetic natural gas, oil or other forms of energy sources X Fairgrounds 3 Farmworker housing complex, small (subject to Section 21.10.125)(defined: Section 21.04.148.4) X Floriculture X Generation of electrical energy, primary, by a govemment entity or by a company authorized or approved for such use by the Califomia PubUc UtiUties Commission outside the City's Coastal Zone only X 46 ATTACHMENT ? Generation of electtical energy, accessory, by a govemment entity or by a company authorized or approved for such use by the Califomia PubUc Utilities Commission in or outside the City's Coastal Zone and limited to a generating capacity of fewer than 50 megawatts. Generating capacity of 50 megawatts or more is prohibited in the Coastal Zone X Golf courses 3 Govemmental maintenance and service facilities X Greenhouses (2,000 square feet maximum) X Greenhouses >2,000 square feet (subject to Section 21.42.140(B)(70)) 1 Hazardous waste faciUty (subject to Section 21.42.140(B)(75)) (defined: Section 21.04.167) 3 Hospitals (defined: Section 21.01.170) 3 Hospitals (mental) (defined: Section 21.04.175) a, Mobile buildings (subject to Section 21.42.140(B)(90))-(defmed: Section 21.04.265) 31 Nursery crop production X Packing/sorting sheds >600 square feet (subject to Section 21.42.140(B)(70)) 1 Pasture and range land X Petroleum products pipeline booster stations Processing, using and storage of: (a) natural gas, (b) Uquid natural gas, (c) domestic and agricultural water supplies; X Public utility district maintenance, storage and operating facilities X Radio/television/microwave/broadcast station/tower 2 Reereation facilities 3 Recreational facilities (public or private, passive or active) X Recycling collection faciUties, large (subject to Chapter 21.105-ef this-titie)-(defined: Section 21.105.015) 2 Recycling collection faciUties, small (subject to Chapter 21.105-ef this titie) (defined: Section 21.105.015) 1 Recycling process/transfer facility 2 Satellite television antennae (subject to the pro\i3ions of Sections 21.53.130 through 21.53.150 of thi,-! code)(defined: 21.04.302) X SignsT (subject to tho provisions of Chapter 21.41) * X Stadiums 3 Transit passenger terminals (bus and frain) 2 Transmission of electrical energy if conducted by a govemment entity or by a company authorized or approved for such use by the Califomia Public Trades Commission X Tree farms X Track farms X Using and storage of fuel oils X Wastewater freatment, disposal or reclamation faciUties X Windmills (exceeding height limit of zone)-(subject to Section 21.42.140(B)(160)) 2 Wireless communications facilities (subject to Section 21.42.140(B)(165))-(defined; Section 21.04,379) 1/2 Zoos (private) (subject to Section 21.12.110(B)(170)) (defined: Section 21.04.400) 3 47 ATTACHMENT ? Note: 1. Any use meeting the definition of an entertainment estabUshment, as defined in Section 8.09.020 of the Carlsbad Municipal Code (CMC), shall be subject to the requirements of CMC Chapter 8.09. 48 ATTACHMENT? The legend of Table A of Section 21.37.020 (RMHP, Residential Mobile Home Park Zone, Permitted Uses) is proposed to be amended as follows: Table A Permitted Uses In the table, below, subject to all appUcable permitting and developraent 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 = Administt'ative heaiing process-Minor Conditional Use Permit (Process One), pursuant to Chapter 21.42 of this titie. 2 = Planning commis.sion hearing process-Conditional Use Permit (Process Two), pursuant to Chapter 21.42 of this title. 3 = City council hearing process-Conditional Use Permit (Process Three), pursuant to Chapter 21.42 of tills title. 'Acc" indicates use is permitted as an accessory use. 49 ATTACHMENT ? Table A of Section 21.39.020 (L-C, Limited Confrol Zone, Pemiitted Uses) is proposed to be amended as follows: Table A Permitted Uses In the table, below, subject to all appUcable 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 - Adminisfrative hearing process Minor Conditional Use Pemiit (Process One), pursuant to Chapter 21.42 of this titie. 2 = Planning commission hearing process Conditional Use Pennit (Process Two), pursuant to Chapter 21.42 of this title. 3 = City council hearing process Conditional Use Permit (Process Three), pursuant to Chapter 21.42 of tiiis title. "Acc" indicates use is permitted as an accessory use. Accessory uses and sttnictures (see note 4 below) X Animals and poultry - small (less than 25)-(see note-31 below) x Cattle, sheep, goats, and swine production (see note-32 below) X Crop production X Dwelling, single-family (farm house) X Family day care home (large and Gmall)—(defined: Section 21.04.147)(subject to Chapter 21.83 of this title) * X Family dav care home (small)(defined: Section 21.04.148) X (subiect 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,-less than £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 34 below) X Satellite television antennae (subject to Sections 21.53.130 X through 21.53.150)(defined: 21.04.302) X Signs (subiect to Chapter 21.41) X Tree farms X Track farms X 50 ATTACHMENT ? mm, Wildlife refuge X Notes: 1. 3. 4. Small animals and poultry: Provided that not more than twenty-five of any one or combination thereof shaU be kept within seventy-five feet of any habitable stracture, nor shall they be located within three hundred feet of habitable stracture 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 stmcture 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 shaU not exceed one animal per half acre of lot area. Said animals shall not be located withm seventy-five feet of any habitable stracture, nor shall they be located within three hundred feet of a habitable stracture 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 stracture 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 sfreet or highway. Accessory uses/stracturesf iJncludei but are not limited tO;.f private garages, children's playhouses, radio and television receiving antennas, windmills, sUos, tank houses, shops, bams, offices, coops, lath houses, stables, pens, conals, and other similar accessory uses and stractures required for the conduct of the permitted uses. Mobile home: Certified under the National Mobile Home Constraction and Safety Standards Act of 1974 (42 U.S.C. Section 5401 et seq.) on a foundation system pursuant to Section 18551 of tiie State Health and Safety Code. 51 ATTACHMENT ? iiililiil^^ Section 21.42.140.B.80(a) (Minor Conditional Use Permits and Conditional Use Permits, Development standards and special regulations, "Hotel and motel uses") is proposed to be amended as follows: a. The application for a conditional use pennit shall include the submittal of an architecttiral theme, colored elevations and a site plan. Section 21.42.140.B.90(b) (Minor Conditional Use Pemiits and Conditional Use Permits, Development standards and special regulations, "Mobile Buildings") is proposed to be amended as follows: b. The occupancy shall be limited to a five-year term, unless extended by the planning commission.appropriate decision-maker. 52 ATTACHMENT 7 mmmmmm^m Section 21.53.140(e)(3)(A) (Uses Generally, SateUite television antenna- Generally) is proposed to be amended as foUows: (A) In the PM, CM and M zones, more than one satellite antenna per use may be pemiitted with a minor conditional use pemiit. Installation of said antennae shaU comply with subsections 21.53.130(e)(1) and 21.53.130(e)(2) Usted above. 53 ATTACHMENT ? The list of sections in Chapter 21.208 (Commercial/Visitor-Serving Overlay Zone) is proposed to be amended as follows: Sections: 21.208.010 21.208.020 21.208.030 21.208.040 21.208.050 21.208.060 21.208.070 21.208.080 21.208.090 21.208.100 21.208.110 21.208.120 21.208.130 21.208.140 21.208.150 21.208.160 21.208.170 21.208.180 Intent and purpose. Definitions. Boundaries—^Exceptions—^AppUcability. Permitted uses. Uses permitted by conditional use permit. Prohibited uses. Approval processDecision-making authority. PreUminary review-fiMRg submittal and meeting—^Application for GUPcoiiditional use permit. Project site notification. Developraent standards. Required findings. Performance monitoring condition. Existing uses, building pemiits and business licenses. Administtative enforcement powers. Administrative notice, hearing, and appeal procedures. Judicial enforcement. Remedies not exclusive. Severability. Section 21.208.010 (Commercial/Visitor-Serving Overlay Zone, Intent and purpose) is proposed to be amended as follows: 21.208.010 Intent and purpose. The intent and purpose of the commercial/visitor-serving overlay zone is to supplement the underlying zoning by providing additional regulations for commercial/visitor-serving uses which require a conditional use permit in the underlying zone. The overlay zone is intended and designed to: A. Control the location, operation and appearance of newly proposed commercial/visitor-serving uses within the overlay zone to prevent the over-proliferation of certain uses as well as to ensure high quality appearance and operation; B. Maximize public disclosure about new commercial/visitor-serving use proposals located within the overlay zone; C. Design compatibility, vehicular circulation and shuttie bus/altemative transportation options into commercial/visitor-serving uses within the overlay zone; D. Provide for the review of building materials and colors and establish architectural criteria that discourages the use of corporate, standardized building forms, materials and styles; E. Formalize the use of conditional use pemiits for all commercial/visitor-serving uses within the overlay zone and emphasize the aspects of performance monitoring and enforcement; FT Establish the-city council as the final decision malcer for coinmorcial/vi.'sitor-scrving uses in the overlay zone; 54 ATTACHMENT ? GF. Require commercial/visitor-serving conditional uses as listed in the Planned Industtial (P-M) Chapter of this tifle for underiying P-M zoned properties witiiin the overlay zone to be subject to the conditional use permit requirements and provisions of this chapter, except that such uses shall be consistent with the intent and purpose of the P-M zone whoso primary- purpose is not to cater directiy to the general public, and aUows certain commercial uses which cater to, and aic ancillary to the uses allowed in the P-M zone; and G. Establish procedures in the overlay zone to provide for effective code enforcement. Section 21.208.040 (Commercial/Visitor-Serving Overlay Zone, Pemiitted uses) is proposed to be amended as follows: 21.208.040 Permitted uses. Commercial/visitor serving uses are permitted uses , in the overiay zone, if they meet the requirements of this chapter. Tlie only pPermitted uses in the overlay zone which ai'e not subiect to the provisions of this chapter are the residential, industtial and officccommercial/visitor-serving uses authorized as permitted uses by tlio zoning of the underlying zone, which are not .subject to tiic provisions of this chapter. Those uses shall be developed subject to the development standards and entitlement process required by their underiying zoning. In addition, a roadside stand for the display and sale of products produced on the same premises is an allov^ed a permitted use provided that the floor area shall not exceed two hundred square feet and is located a minimum of twenty feet from any street, highway or city right-of-way. m Section 21.208.050 (Commercial/Visitor-Serving Overlay Zone, Uses permitted by a conditional use permit) is proposed to be amended as follows: 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 overlay zone by approval of a conditional use permit pursuant to tiiis chapter, excluding outdoor dining (mcidental), which is subject to an administrative permit pursuant to Section 21.26.013 of this title. Conditional uses otherwise allowed by the underlying zoning designationsT witiiin the overlay zone_7-tthat are not commercial/visitor-serving uses, are not subject to this chapter. Where the underlying zoning authorizes conditionally approved pemiitted uses (other than commercial/visitor-serving uses)^ Chapter 21.42, not this chapter, shall applyies. Section 21.208.060 (Commercial/Visitor-Serving Overlay Zone, Prohibited uses) is proposed to be amended as follows: 21.208.060 Prohibited uses. I Notwithstandmg any underlying zonmg provision, the followrng uses are prohibited in the overlay zone: A. Stand-alone liquor stores where the retail sale of liquor and/or alcoholic beverages is the primary form of business; B. The outdoor storage or display of merchandise, goods or services for sale: and C. Except as authorized pursuant to Chapter 8.17 and/or 8.32 of this code, or a conditional use permit issued pursuant to this chapter, no person shall sell or offer to sell goods, 55 ATTACHMENT ? merchandise or services from, or by means of, any temporary display, vehicle, platform, wagon or pushcart upon any pubhc street, privately owned property, public parking lot, city right-of-way or sidewalk within the overlay zone; and^ Section 21.208.070 (Commercial/Vishor-Serving Overlay Zone, Approval process) is proposed to he amended as follows: 21.208.070 Approval proccssDedsion-making authoritv. The decision-making authoritv for all conditionally-permitted commercial/visitor-servuig uses shall be determined bv the underiying zone. Notv^'ithstanding Section 21.54.040y the city council may approve, conditionally approve or disapprove a conditional u.'ie permit within the overlay zone after the planning commission has considered the appUcation and made a recommendation to-tiio council pursuant to Chapter 21.51 and the special procedures-added by this chapter. The conditional use-permit may be approved for a limited period of time, and shall be subject to monitoring and enforcement pursuant to this chapter. Section 21.208.080 (Commercial/Visitor-Serving Overlay Zone, Pre-filing submittal and meeting— Application for conditional use pennit) is proposed to be amended as follows: 21.208.080 Prc-filingPreliminarv review submittal and meeting—Application for €y-Pconditional use permit. A. If it is determined tiiat a conditional use permit is required for a commercial/visitor- serving use within the overlay zone. Pprior to filing an application for a conditional use permitfer-a commercial/visitor serving uso within the overlay zone, the applicant shall malce a pro filing project submittalsubmit an application for a preliminary review -and tbeH-subsequentiv attend a pre- fiUflgpreliniinar\' review meeting. 1. Pre-FilingPreliminarv review sSubmittal. The applicant shall file a wxitten pro-filing submittal preliminary review appUcation and shall follow the submittal requirements in accordance with the planning department's division's preliminary review process accompanied by the applicable fee therefor, as established by the city council by resolution. The submittal shall demonsfrate compliance with this chapter, including the proposal of an architectural style as required by Section 21.208.100(F). 2. Pre FilingPreliminary review inMeeting. Within thirty days of the applicant's prc-filuigpreliminary review submittal, the enforcement officialCitv Planner shall respond with a written city response letter, thoroughly analyzing the proposal, estabUshing issues for resolution, and setting a time, date and place to conduct a pre filing meetuigpreliminary review meeting wherein the owner and/or agent, staff planner and staff engineer would attend to discuss anv outstandmg issues or questions, subject to tho foUowing: a) Required attendance: applicant or applicant's agent, staff plamicr and staff engineer;- fe) Optional attendance: cit^' manager or designated representativo, any designated representative from a city department or division with an interest in, or concem with, the proposed commercial/\isitor gcr\ing development. 3. Primary purpose: discuss the city response letter, identify issues to be resolved and establish final appUcation requirements. B. Good faith participation in the pre fiUugpreliminarv review meeting; is necessary for the submittal of a formal conditional use permit application. 56 ATTACHMENT ? G. Upon completion of die pro filingpreUminarv review submittal and meeting, the appUcant may file a formal appUcation for a €UP-conditional use peiinit pursuant to Chapters 21.50 and 21.5421.42. The appUcation shall be accompanied by application(s) for any other required discretionary entitiement for the project (including, but not Umited to, a coastal development permit). Application for, and approval of, a €UP-conditioual use permit pursuant to this chapter shall satisfy all requirements for a site development plan for the project if such is required by the underlying zoning. If not otherwise required, in addition to the application requirements for a conditional use permit (including special requirements in this chapter) formal conditional use permit application exhibits subject to this chapter shall show the following: 1. AU State and Uniform Building Code requirements for disabled parking spaces and related pathways; 2. AU proposed rooftop equipment, mechanical enclosures and any Uniform Building Code requirements relating to rooftop access, ladders or other rooftop stractural features. mmm. Section 21.208.100.A.2b (Commercial/Visitor-Serving Overlay Zone, Development standards. Time Share Projects) is proposed to be amended as foUows: 21.208.100(A)(2b) Development standards. b. An interim parking/unit marketing plan which will address the initial sales efforts to sell tirae share units and the conesponding need to provide additional interim parking while sales are ongoing. Unless otherwise specified in the underlying zone, ^the interim parking/unit marketing plan shaU be approved by the applicable decision-making authority' the city council 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. Sections 21.208.100.F.2 and 21.208.100.F.3 (Commercial/Visitor-Serving Overiay Zone, Development Standards, Architectural Style) are proposed to be amended as foUows: 2. Contemporary SouthwestSpanish/Meditenanean Architectural Style. This style involves the use of Spanish/mission style clay roof tiles on a rectangular building form, white stucco walls, arches and arched doorways with wooden beams, low pitched roofs, multi-paned windows and the use of glazed/decorative tiles and tile paving. 3. Altemative Architectural Styles. An altemative 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 pre filingpreUminarv review procedures outlined in Section 21.208.080. This altemative architectural style may accommodate a reasonable version of a user's corporate architectural style, provided the corporate architectural elements do not dominate the building design so as to create incompatibility in the area; or detract from the overlay zone's objective of ensuring high quaUty appearances for commercial/visitor-serving uses. Final approval of the proposed alternative architectural stylo is by the city council as part of the conditional use permit review. Section 21.208.100(H)(2)( Commercial/Visitor-Serving Overlay Zone, Use separation standards, Motels/Hotels) is proposed to be deleted as follows: 57 ATTACHMENT ? 3: Commercial/visitor serving motel and hotel uses shall maintain a minimum separation of six hundred foot; business hotels or motels located on P M zoned property serving the adjacent uidustrial office area, and not the general public, are not subject to tho separation standai'4. Uso separation standards shall be measured from proposed building edge to existing, or approved, building edge.—Separation distances shall bo mcaisured at points of closest proximit)' to reveal minimum separation involved. Individual motel or hotel buildings that comprise one motel or hotel use OIC not subject to the six hundred foot separation standard. For project sites of six acres and larger; Up to two motels or hotels may be located onsite provided that a minimum setback of two hundred-foot shall be provided from any public street(s) adjacent to tiio project site-;-and tho two motel or hotel uses/stmctures have a minimum separation of one hundred fifty feet.—All motel/hotel stmctures, regardless of project-site acreage, shall maintain a minimum .lepoi'ation of six hundred feet from any residentially zoned property line: Section 21.208.110(D)( Commercial/Visitor-Serving Overlay Zone, Required findings) is proposed to be amended as follows: D. For gas stations, motel, hotel or restaurant uses on a planned industrial zoned property: That the proposed use is commercial in nature and therefore subject to the overlay zone:^ however, the proposed use shall be-is consistent with the intent and purpose of the P-M zone-whese primary pui-pose is not to cater directiy to the general public, and allows certain commercial uses which cater to, and are-aneUlary to the uses allowed in the P M zonc,^ Section 21.208.130(Gommercial/Visitor-Serving Overlay Zone, Existing uses, building permits and business licenses) is proposed to be amended as follows: For existing uses that propose a change in use, apply for a building permit or apply for a new business Ucense, the provisions of this chapter shall not apply provided that all of the following criteria are met: the proposal is consistent with the uses allowed by the site development plan or specific plan, if any, applicable to the subject site; the proposal does not invoke a higher parking standard pursuant to Section 21.208.100(A) of this chapter; and, the proposal does not involve an increase of greater than two hundred square feet to existing square footage. For such proposals, the additional two hundred square feet of area shall be parked subject to the parking standards of this chapter. Existing stmctures that propose demolition and redevelopment may be re- built to the same square footage as allowed by a vaUd 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, 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 increased square footage is involved for commercial/visitor- serving uses which require a conditional use permit in the underlying zone, the new, or intensified, portion of the existing use shaU be subject to all -of the procedures, standards and conditional uso permit requirements of tbis chapterthe approval of a minor conditional use permit consistent with the standards of this chapter. Existing sign programs and related sign permits are not subject to the provisions of this overlay zone, except that if any existing use proposes an amendment to its existing, approved sign program to increase overall signage allowance, or to increase or alter approved sign locations, then the entire sign program including existing signs shall be subject to the sign standards of Section 21.208.100 (B) of this chapter pursuant to the normal processing of such sign program amendment. 58 ATTACHMENT ? The legend of Table A of Section 21.209.040 (CR-A/OS, Cannon Road-Agricultural/Open Space Zone, Pemiitted Uses) is proposed to be amended as follows: Table A Permitted Uses In the table, below, subject to all applicable permitting and development requirements of the municipal code: "P" indicates use is permitted. "CUP" indicates use is permitted with approval of a conditional use permit. 1 = Administrative hearing process Minor Conditional Use Permit (Process One), pursuant to Chapter 21.42 of this titie. 2 = Planning commission hearing process Conditional Use Permit (Process Two), pursuant to Chapter 21.42 of this titie. 3 = City council hearing process Conditional Use Pemiit (Process Three), pursuant to Chapter 21.42 of this title. "Acc" indicates use is permitted as an accessory use. 59 STATE OF CALIFORNIA-THE NATURAL RESOURCES AQ^MT — EDMUND G. BROWN, JR., Govemor (iR CALIFORNIA COASTAL COMRirSSION SAN DIEGO AREA 7575 METROPOLITAN DRIVE, SUITE 103 SAN DIEGO, CA 92108-4421 (619) 767-2370 IMPORTANT PUBLIC HEARING NOTICE CITY OF CARLSBAD LOCAL COASTAL PROGRAM MAJOR AMENDMENT NO. CAR-MAJ-2-13A (CUP CODE AMENDMENTS) City of Carlsbad JUN 0 2 2014 Planning Division I. HEARING TIME AND LOCATION DATE: Thursday, June 12,2014 TIME: 9:00 a.m. LOCATION: Huntington Beach City Hall 2000 Main Street Huntington Beach, CA 92648 (415) 407-3211 II. AMENDMENT REOUEST The City of Carlsbad is requesting an amendment to the City's IP (which, in this case, is the City of Carlsbad's Zoning Ordinance) in order to implement revisions to the City's conditional use permitting review process/decision-making authority, as well as revisions to the P-M (Planned Industrial) zone and Commercial Visitor-Serving Overlay Zone (CVSOZ), along with general text cleanup and elimination of errors relating to the language and specification of permitted/conditionally-permitted uses within non- residential zones As a result of public outreach by the City in 2009, one of the initiatives established was to streamline the discretionary permit approval process by reassigning authority to the lowest appropriate decision-making body. The City is proposing to do this for a niunber of conditionally-permitted uses within non-residential zones, as well as reassigning authority to a higher decision-making body for a small number of conditionally permitted uses within both residential and non-residential zones. Revisions to the P-M zone are also proposed as part of this LCP Amendment, and include revising Section 21.34.010 of the code to allow for greater flexibility in the types of land uses that could be located within the P-M zone, as well as adding new types of uses that could be permitted (either by right or conditionally) within the P-M zone. In addition, revisions to the development standards within the CVSOZ are also proposed, along with minor text changes to the Cannon Road-Agricultural/Open Space (CR-A/OS) zone. However, the CR-A/OS zone is not being reviewed by this report since it is not yet certified as part of the City's LCP. III. HEARING PROCEDURES At the time of the public hearing, staff will make a brief oral presentation to the Commission. Immediately following the presentation of the staff, a representative or representatives from the City of Carlsbad may address the Commission regarding the local coastal program amendment. Upon conclusion of the City's presentation, members of the public and agencies will have an opportunity to address the Commission and Important Public Hea^^ Notice Page 2 comment on the amendment. The Commission will then close the public hearing; and, since there are preliminary recommendations and findings prepared for the Commission, the Commission may take final action on the amendment request at this time. IV. BACKGROUND The Califomia Coastal Commission and the local govemments within the coastal zone share responsibility for managing the state's coastal resources. The Local Coastal Program (LCP) is a specific long-term management plan prepared by a coastal city or coimty for its jurisdiction in the coastal zone. The LCP contains policies and implementation measures designed to protect sensitive coastal resources and set standards for fiiture development. Each LCP has two components: The land use plan (LUP), and implementation plan (IP) which consists of the zoning ordinance, zoning district maps, and other implementing actions within sensitive coastal resources areas. The Commission certifies each LCP to determine that it meets the requirements of the Coastal Act. After the Coastal Commission certifies an LCP, the local govermnent assumes the authority to issue coastal development permits for most development in the coastal zone pursuant to the certified LCP. A local govemment may amend its certified LCP, but the change will become effective only after the LCP amendment has been effectively certified by the Coastal Commission. LCP Amendment #2-13A was submitted with LCP Amendments #2-13B and #2-13C, which were all filed as complete on October 22, 2013, with a one-year extension being granted on January 9, 2014. The Commission must act on the amendment request by no later than the January 2015 hearing. Commission staff has worked with Planning staff from the City of Carlsbad during the review of this proposed amendment. V. AVAILABILITY QF STAFF REPORT A staff report on the LCP amendment containing recommendations has been prepared for the Commission. If you would like the fiall text of the staff report, it can be obtained from the Coastal Commission's website at http://www.coastal.ca.gov/mtgcurr.html. Altematively you can call or write the San Diego Area Office of the Coastal Commission and request a copy of the "City of Carlsbad Local Coastal Program Amendment No. CAR-MAJ-2-13A" staff report. A copy will be mailed to you promptly. Questions regarding the report or hearing should be directed to Rick Casswell at (619) 767-2370. We apologize if you received duplicate notices; however, because of the overlap of persons with interest in more than one community on our mailing lists, the duplications are unavoidable. (G:\San Diego\Reports\LCPs\Carlsbad\CAR-MAJ-2-13A (CUP Code Amendments) NOTICE.docx) STATE OF CALIFORNIA-THE RESOURCES AGENCY EDMUND G. BROWN, JR., Governor CALIFORNIA COASTAL COMMISSION SAN DIEGO AREA 7575 METROPOLITAN DRIVE, SUITE 103 SAN DIEGO, CA 92108-4421 (619) 767-2370 City of Carisbad DEC 3 0 2013 Planning Division IMPORTANT PUBLIC HEARING NOTICE CITY OF CARLSBAD LOCAL COASTAL PROGRAM AMENDMENT NO. CAR-MAJ-2-13A (CUP Code Amendments) TIME EXTENSION HEARING TIME AND LOCATION: DATE: TIME: LOCATION: Thursday, January, 9, 2014 8:30 a.m. Catamaran Resort Hotel 3999 Mission Boulevard San Diego, CA 92109 (415) 407-3211 SUBJECT: City of Carlsbad LCP Amendment No. CAR-MAJ-2-13A (CUP Code Amendments) Time Extension. Public hearing and action to extend the time limit for Commission action up to one year on request by City of Carlsbad to amend the LCP Implementation Plan to revise the conditional use permit regulations. Questions regarding the report or hearing should be directed to Deborah Lee, District Manager, San Diego Coast Office at (619) 767-2370. (G:\San Diego\Reports\LCPs\Carlsbad\CAR-MAJ-2-13A (CUP Code Amendments) time ext NOTICE.docx) STATE OF CALIFORNIA-THE NATURAL RESOURCES CALIFORNIA COASTAL COMMISSION SAN DIEGO AREA 7575 METROPOLITAN DRIVE, SUITE 103 SAN DIEGO, CA 92108-4421 (619) 767-2370 TO: Th7a iMl»^Cj.G^ROWN, JR., Govemor DEC 3 0 20: Commissioners and Interested Persons Planning Divici^n DATE: December 19,2013 FROM: Staff SUBJECT: Request to Waive Time Limit for City of Carlsbad LCP Amendment No. CAR-MAJ-2-13A (CUP Code Amendments) for the Commission Meeting of January 8-10, 2013 On October 22, 2013, tiie City of Carisbad Local Coastal Program (LCP) Amendment #2-13 was filed in the San Diego Disfrict office. The amendment package included three unrelated items including the subject revisions to the City's Conditional Use Permit provisions, a revised Sign Ordinance and a site specific amendment for the Kelly Corporate Center along Palomar Airport Road. As a whole, the submittal contains components that modify both the certified land use plan, specifically the Mello II LUP segment, and the City's certified implementation plan. The subject amendment for the conditional use permit code revisions only involves the certified implementation plan. Amendments containing both land use and implementation plan components must be acted upon by the Commission within 90 days of filing. Based on the above-cited time limits, the proposed LCP amendment package must be scheduled for review by the Commission at the January 2014 meeting. However, Section 30517 of the Coastal Act and Section 13535(c) of the Califomia Code of Regulations state that the Commission may extend for good cause any applicable time limits for a period not to exceed one year. Of the three components within the amendment package, the one item that involves both LUP and IP revisions (CAR-MAJ-2-13C/Kelly Corporate Center) is scheduled for Commission action at the January 2014 hearing. However, Commission staff is requesting time extensions for the other two components due to insufficient staff time to adequately review them and prepare a recommendation. There are cunently six other pending LCP amendments from the City of Carlsbad before the Commission. All of these are related to the City's Housing Element and its implementation to expand affordable housing opportunities. Five of the amendments constitute one submittal (CAR-MAJ-3-12) which the City has asked Commission staff to defer to accommodate fiirther revisions based on direction from State Housing and Community Development. The other component (CAR-MAJ-l-l3/Housing Element-Banio) is pending due to competing workload priorities. For the subject CUP code amendments and revised Sign Ordinance, staff will plan to schedule them for the March or June 2014 hearings in Southem Califomia. However, staff recommends and asks the Commission to extend the deadline for a full year as provided by the Coastal Act to allow for uncertainty in the review process and scheduling issues that may arise. Staff recommends the Commission extend the 90-day time limit for one year. MOTION: I move that the Commission extend the 90-day time limit to act on the City of Carlsbad LCP Amendment No. 2-13 A for one year. STAFF RECOMMENDATION: Staff recommends a YES vote. An affirmative vote of the majority of the Commissioners present is needed to pass the motion. (G:\San Diego\Reports\LCPs\City of Carlsbad\CAR-MAJ-2-13A (CUP Code Amendments) time ext stf rptdoc) ^^j^ CITY OF ^ CARLSBAD Community & Economic Development www.carlsbadca.gov October 2, 2013 Deborah Lee San Diego Coast District California Coastal Commission 7575 Metropolitan Drive, Suite 103 San Diego, CA 92108-4402 SUBMITTAL: CARLSBAD LOCAL COASTAL PROGRAM AMENDMENT (LCPA): 2-13 Dear Ms. Lee, Please find enclosed the second City of Carlsbad LCPA package for the 2013 calendar year. The LCPA batch involves the following projects: PROJECT NAME tCPAFILEt STAFF PLANNER PHONE CONTAa CUP Code Amendments LCPA 09-02 Shannon Werneke 760-602-4621 Sign Ordinance Amendment LCPA 11-04 Chris DeCerbo 760-602-4611 Kelly Corporate Center LCPA 12-02 Van Lynch 760-602-4613 Please process this application as the second Local Coastal Program Amendment for the City of Carlsbad for the 2013 calendar year. If you have any questions, or require additional information, please feel free to contact me at (760) 602-4620, or the project planner(s) at the numbers provided. Sincerely, KEVIN POINTER Associate Planner enc Chris DeCerbo, Principal Planner David de Cordova, Principal Planner Kathy Dodson, Community & Economic Development Director Van Lynch, Senior Planner Don Neu, City Planner Shannon Werneke, Associate Planner Planning Division 1635 Faraday Ave. I Carlsbad, CA 92008 i 760-602-4600 I 760-602-8559 fax Shannon Werneke From: Larry Tucker <Tucker(gGTPCenters.conn> Sent: Monday, July 22, 2013 4:49 PM To: Shannon Werneke Cc: 'Steve Grant' Subject: GPA 11-05/ZCA Dear Shannon, Grant Tucker Properties is the developer of the Albertson's anchored La Costa Plaza (NEC El Camino Real and La Costa Avenue), which is in the C-L zone. Grant Tucker Properties continues to own 5 buildings in La Costa Plaza. I have a couple of suggested changes to Table A of Section 21.31.030 of the Carlsbad IVlunicipal Code (C-L, Local Shopping Center Zone, Permitted Uses). Before I get to those suggestions, I would first like to commend the staff and the Council for dedicating time and resources to ensuring that obtaining permits in Carisbad takes no more time or money than is necessary in the circumstances. IVlany cities do not embrace the philosophy of moving approvals to the lowest appropriate level. Carisbad is a good place to do business because it looks for ways to make the permitting process more efficient while not sacrificing necessary regulation. In looking at the tables published in the staff report, some of the language that appears in the C-1 zone would seem equally applicable in the C-L zone. 1. The C-1 zone allows "Athletic clubs, gymnasiums, health clubs and physical conditioning businesses," yet the C-L zone only allows "Athletic clubs, gymnasiums and health clubs." Are physical conditioning businesses not allowed in the C-L zone? Why the difference? Physical conditioning businesses such as personal training businesses and yoga studios should be allowed in the C-L zone as they are often less intense uses than athletic clubs. They have become distinctively neighborhood uses. I suggest the same language be used in the C-L zone as in the C-1 zone. 2. The C-1 zone allows: "Doctors, dentists, optometrists, chiropractors and other practicing the healing arts for human beings...." Yet the C-L zone only provides "Medical uses (excluding hospitals), including offices for medical practitioners, clinics...." Are dentists, optometrists, chiropractors and say acupuncturists not allowed in the C-L zone? Again, these are neighborhood types of uses and should be explicitly called out in the C-L zone as they are in the C-1 zone. I realize an argument can be made that those uses are allowed in the C-L zone; but an argument could aiso be made that they are not since the C-1 zone text uses specific language, but that same language was not used in the C-L zone text, and therefore there must have been a difference intended, otherwise the same language would have been used in the C-1 zone and the C-L zone. From a legal standpoint, it is not a good idea to use different language to mean the same thing in one code. Please pass my comments along to the City Council, unless you agree with my suggestions and staff recommends the changes to the City Council that I am requesting. Sorry for getting this to you so late, but for some reason I neglected to check this when the matter went through the Planning Commission. The rest of the language in the C-L zone amendment seems fine. If I am missing something, please let me know. Thank you. Best regards. Grant Tucker Properties By: Larry Tucker (949) 251-2045 (JRLSBAD CHAMBER OF COMMERCE April 16, 2013 Carlsbad Planning Commission 1200 Carisbad Village Drive Carlsbad, CA 92008 RE: GPA 11-05/ZCA 09-03/LCPA 09-02 Conditional Use Permit Code Amendments Dear Commission: Carlsbad's Chamber of Commerce strongly supports staffs recommendation of approval for the abovementioned GPA/ZCA/LCPA. These actions will have a significant beneficial impact on businesses wanting to locate in Carlsbad. IVlany small businesses hoping to locate in Carlsbad cannot afford the costs or time it takes to process a Conditional Use Permit through a Planning Commission hearing. Allowing potential users to be approved administratively through a Minor CUP will encourage more businesses to come to Carlsbad while still providing an adequate level of review and conditioning. The Chamber also supports staff's recommendation to allow businesses in the PM zone to have a limited amount of accessory retail use as long as the products being sold are produced, distributed or warehoused at the same location subject to approval of a Minor CUP. Again this will encourage more businesses to locate in Carlsbad while still providing adequate review to ensure that the proposed accessory retail will not adversely impact other users in the PM zone. These recommendations as well as a number of other changes being recommended by staff will make the non-residential zones in Carlsbad more business friendly. This was one of the major goals of the Development Review Process Working Committee that first started working with staff in 2009, We understand that since the changes being proposed to the various documents would impact properties in the Coastal Zone as well as properties outside the Coastal Zone this GPA/ZCA/LCPA must be submitted to and approved by the Coastal Commission. The Chamber would like to request that the City enact these changes for properties outside thp Coastal Zone immediately after approval by the City Council. It is understood that this would result in two sets of rules temporarily, one for properties inside the Coastal Zone and one for properties outside the Coastal Zone. The vast majority ofthe properties that would benefit from these changes are outside the Coastal Zone. The Chamber believes it would be counterproductive to the goal of making the City more business friendly if businesses outside the Coastal Zone that could benefit from the changes being proposed tonight had to wait an additional 12-18 months for the Coastal Commission to review and approve these revisions that have nothing to do with Coastal Issues. Sincerel CC Don Neu, Chris DeCerbo, Shannon Werneke Phone: (760) 931-8400 5934 Priestly Drive • Carlsbad, California 92008 Fax: (760) 931-9153 • E-mail: chamberC?'carlsbad.org • Web: www.carlsbad.org ACCREDITED CITY OF ^ CARLSBAD Memorandum December 5, 2012 To: John Coates, Interim City Manager From: Don Neu, City Planner ^Tf ^ Via Gary Barberio, Community and Economic Development Director,^ - Re: Accessory Retail Uses in the Planned Industrial (P-M) Zone Background. The city's most predominant industrial zone, the Planned Industrial (P-M) zone, attracts a wide variety of corporate office tenants which engage in light industry, including manufacturing, research and development, testing, as well as warehousing. These uses are permitted by right within the P-M zone.. A number of other uses which cater to uses allowed in the P-M zone, including primary retail uses, are subject to the approval of a conditional use permit by the Planning Commission. The conditionally-permitted primary retail use must also be clearly oriented to support the industrial office developments or their populations. Currently, Chapter 21.34 (P-M zone) ofthe CaHsbad Municipal Code (CMC) does not include a provision to allow for accessory retail uses. Nevertheless, a number of uses/companies within the P-M zone have a small retail component which is ancillary to the primary manufacturing, research and development, testing and/or warehousing use on-site. The retail component of these uses is associated with products that are researched, designed, manufactured, assembled, processed, marketed and/or warehoused on-site. Although the city has not received any formal code enforcement complaints regarding traffic or any other associated nuisance, the fact remains that because some tenants have a retail component, the companies are technically in violation with the provisions of CMC Chapter 21.34, which specify that retail uses are only allowed as a primary use through a conditional use permit. Further, there have been a number of well-known, successful companies which have expressed a strong interest in locating their business in Carlsbad. However, due to the fact that the P-M zone does not allow for an ancillary retail use, the companies (i.e., Don Joy), decided to locate their business in neighboring cities such as Vista. Consequently, it has become clear to staff that limited accessory retail uses are an important component to the viability of the industrial sector. Therefore, in order to legally allow for and encourage retention of existing companies with accessory retail, as well as attract new tenants, staff is recommending an amendment to the P-M zone to create two additional retail use categories in the land use matrix. The proposed language is included as Attachment A. Communitv & Economic Development 1635 Faraday Ave. I Carlsbad, CA 92008 I 760-602-2710 I 760-602-8560 fax Interim City Manager December 5, 2012 Accessory Retail Uses in P-M Zone Page 2 In summary, the first new category, "Retail, limited accessory use..." will allow for a limited amount of accessory retail space to be permitted by right (up to 10% or 1,000 square feet of the gross floor area, whichever is less). The second category, "Retail, accessory use...," will allow for additional retail space above 10% or 1,000 square feet of the gross floor area, but not more than 20% or 2,000 square feet, whichever is less, with the approval of a Minor Conditional Use Permit. The requirement for a Minor Conditional Use Permit for a 2"^ tier of accessory retail use will provide staff with the discretion to analyze the potential for incompatibilities as well as to condition and monitor the use. The Minor Conditional Use Permit will be subject to the approval of the City Planner and can be appealed to the Planning Commission. Retail tenants which exceed the 2"*^ tier for accessory uses would still have the option to apply for a regular Conditional Use Permit which would be subject to the approval of the Planning Commission (i.e., current provision in P-M zone). Equally as important, in order to qualify as an accessory retail use in either of the newly proposed categories, the use would be required to be exclusively supportive of and secondary (i.e., accessory) to the primary industrial and/or office use as well as wholly contained within the structure(s). Further, all products for retail sale will be required to be researched, designed, manufactured, assembled, processed, marketed and/or warehoused on-site. For reference, the above-described recommended changes are similar to a component of the amendment to the Carlsbad Research Center (CRC) Specific Plan recently approved by City Council (October, 2012). The CRC Specific Plan area is zoned, C-M, Heavy Commercial. Specifically, the following provision was added to the CRC Specific Plan: Retail sales of goods or services directly associated with the manufacturing or processing of products as a primary permitted use on site are allowed by issuance of a minor CUP subject to the following restrictions: a. Up to 2,000 square feet or 10% of tenant space gross floor area, whichever is less, may be dedicated to retail sales. b. Additional parking shall be providedfor the retail area at the retail parking rate. The primary differences between the CRC Specific Plan retail provision and the proposed amendment is that city staff is proposing that a smaller component of accessory retail use be allowed by right (i.e., up to 10% or 1,000 square feet of the gross floor area, whichever Is less) and retail sales would be permitted for products which are researched, designed, manufactured, assembled, processed, marketed and/or warehoused on-site. Further, because of the limited nature of the retail use, staff is proposing to park the retail use at the primary use parking rate, which is generally less Intensive than a retail parking requirement. Pursuant to Attachment B, a number of surrounding jurisdictions allow for a minor accessory retail component by right when it is directly related to the primary use. A majority of the jurisdictions do not preclude warehousing as a primary use for accessory retail sales. Interim City Manager December 5, 2012 Accessory Retail Uses in P-M Zone Page 3 Options: Several options exist for City Council consideration and include the following: 1. Retain current provisions for retail sales in the P-M zone, which allows for retail sales as a primary use with the approval of a conditional use permit by the Planning Commission. The permitted retail use must be clearly oriented to support the industrial office developments or their populations. The current provision does not allow for any extent of accessory retail sales; 2. Permit limited accessory retail sales only when the sales are directly associated with goods manufactured, assembled, or processed on-site. This option would not allow accessory retail sales when warehousing is the primary use or when only research, design and/or marketing of the products is occurring on-site as the primary use; or 3. Permit limited accessory retail sales with no limitations to the primary light industrial use; primary use can be associated with products that are researched, designed, manufactured, assembled, processed, marketed and/or warehoused on-site, or any combination thereof, as long as the use falls within the list of permitted uses in the P-M zone (Attachment A reflects the implementation of Option 3). Recommendation: Staff recommends that City Council direct staff to implement Option 3 as it will allow the city to remain competitive with other north county Jurisdictions. By strictly limiting the amount of accessory retail space (i.e., maximum allowable area of 2,000 square feet) and requiring that it be directly associated with the primary use, it is staff's opinion that the strong industrial and office sectors of the city will be preserved and, ultimately, enhanced as it may encourage additional companies to locate in Carisbad. DN:SW:bd Attachments A. Proposed amendment to P-M zone for retail uses B. Jurisdictional comparison for allowance of accessory retail uses Interim City Manager December 5, 2012 Accessory Retail Uses in P-M Zone Page 4 ATTACHMENT A Proposed Accessory Retail Use Categories In P-M Zone Permitted by right: Retail, limited accessory use, including tasting/sampling rooms, showrooms, miscellaneous retail, up to 10% of gross floor area of the building or suite (as applicable) or 1,000 square feet, whichever is less (see note 3 below). Permitted with Minor Conditional Use Permit: Retail, accessory use, including accessory tasting/sampling rooms, showrooms, miscellaneous retail, exceeding 10% but not more than 20% or 2,000 square feet, whichever is less, ofthe gross floor area ofthe building or suite (as applicable)(see note 3 below). Proposed Footnote 3: The retail use shall be accessory to the permitted primary use and wholly contained within the building. All products for accessory retail sale shall be researched, designed, manufactured, assembled, processed, marketed and/or warehoused on-site, or any combination thereof. No outdoor display of merchandise or accessory retail sales shall be permitted unless customarily conducted in the open. Parking for the accessory retail use shall be determined based on the parking requirement for the primary use pursuant to CMC Chapter 21.44. Interim City Manager December 5, 2012 Accessory Retail Uses in P-M Zone Page 5 ATTACHMENT B Jurisdictional Comparison Retail Uses in Industrial Zones Chula Vista Retail sales of products produced and manufactured on-site permitted as accessory use in industrial zones. Primary retail uses permitted through a Conditional Use Permit. Encinitas ** Retail sales (no limit) require a Minor Use Permit in industrial and business park zones; retail required to be parked separately. No limitations with respect to the primary industrial use; products sold can be warehoused on-site (i.e., no requirement for product to be manufactured on-site). Escondido 15% accessory retail sales allowed by right with condition that use is contained in main structure, occupies no more than 15% of the gross floor area, no outdoor retail sales or display of merchandise, and all products must be manufactured on the premises; retail sales In excess of 15% require a plot plan and area above 15% shall be parked separately. Oceanside "'* Limited retail uses allowed in industrial zones; maximum of 5,000 square feet or 25% of business floor area, whichever is greater. No limitations with respect to the primary industrial use; products sold can be warehoused on-site (i.e., no requirement for product to be manufactured on-site). San Diego Sundries, pharmaceuticals, and convenience stores permitted in Light Industrial zone with limit of 1,000 square feet and 10% of gross floor area; apparel and accessories permitted in Industrial Park as long as items are manufactured on the premises, maximum of 25% of gross floor area can be used for retail sales and at least 75% of the area shall be used for manufacturing, warehousing or wholesale distribution of the products that are offered for sale; consumer goods, furniture, appliances, equipment permitted in Light Industrial zone as long as sales establishments occupy an area of at least 5,000 square feet in gross floor area unless the sales are of items that are manufactured on the premises. San Marcos ** Minor conditional use permit currently required for any retail use in industrial zones; code amendment underway which will permit up to 30,000 square feet of retail with administrative review and up to 10% of ancillary retail by right. No use restriction for primary use; can warehouse product as long as it is associated with the brand that Is being sold on the premises. Solana Beach ** Incidental retail limited to 25% of primary building gross floor area, up to a maximum of 5,000 square feet; area parked at primary use rate. No limitations with respect to the primary industrial use; products sold can be warehoused on-site (i.e., no requirement for product to be manufactured on-site). Vista ** In light industrial zones, ancillary retail activities permitted which support primary use on-site, including light manufacturing and warehousing. No limit in area set forth in the industrial park zone; retail required to be parked separately. In Vista Business Park Specific Plan, no more than 20% or 5,000 square feet of ancillary retail, whichever is less; excludes sale of cars; no limitations with respect to the primary industrial use; products sold can be warehoused on-site (i.e., no requirement for product to be manufactured on-site). "* No limitations with respect to the primary industrial use. <d i^m> CITY OF V CARLSBAD Planning Division www.carisbaclca.gov June 18, 2012 SUBJECT: REQUEST FOR COMMENTS ON PROPOSED AMENDMENTS TO THE CARLSBAD GENERAL PLAN AND ZONING ORDINANCE TO STREAMLINE DEVELOPMENT PERMIT APPROVAL PROCESS FOR CONDITIONAL USE PERMITS IN THE NONRESIDENTIAL ZONES (GPA 11-05/ZCA 09-03/LCPA 09- 02 - CUP CODE AMENDMENTS) TO INTERESTED PARTIES: The City of Carisbad requests your review and input on a draft amendment to the Carlsbad General Plan and Zoning Ordinance to streamline the city's development permit process for Conditional Use Permits in the nonresidential zones. More specifically, the amendment proposes to reassign the approval authority to the lowest appropriate decision-maker for conditional use permits in the nonresidential zones, amends the text ofthe General Plan and the Zoning Ordinance to provide greater flexibility for a variety of conditional uses in the nonresidential zones, and amends the Commercial Visitor-Serving Overiay Zone to address minor additional amendments relating to decision-making authority for conditional uses. The proposed amendment documents are available for your review on the City's website at www.carisbadca.gov/planning (look under "Related Topics" for a link to "CUP Code Amendments"). The documents on the website include the following: • A summary of the proposed changes; and • A draft of the General Plan and Zoning Ordinance text amendments in strikethrough/underiine format. Should you wish to comment on the proposed amendments, please submit your comments in writing no later than 5 p.m., July 9,2012. Written comments should be sent to: Shannon Werneke, Associate Planner City of Carlsbad Planning Division 1635 FaradayAvenue Carlsbad, CA 92008-7314 shannon.werneke(5) carlsbadca.gov Public hearings will be scheduled before the Planning Commission and City Council in the near future and you will be sent a notice for these hearings. Should you have any questions regarding the proposed amendments, please contact Shannon Werneke, Associate Planner at 760-602-4621. COY OF CARLSBAD DON NEU, AlCP City Planner DN:SW:sm Gary Barberio, Community & Economic Development Director Chris DeCerbo, Principal Planner File 1635 Faraday Avenue, Carisbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 © BEERY GROUP, INC. BEERY, JOHN STE D 2091 LAS PALMAS CARLSBAD CA 92011 SDA ARCHITECTS 8i DESIGNERS BAKER, JANET STE 260 4 VENTURE IRVINE CA 92618 STARK ARCHITECTURE & PLANNING STARCK, JAMES STE 100 2045 KETTNER BLVD SAN DIEGO CA 92101 HOWES WEILER & ASSOCIATES HOWES, MIKE STE 202 5927 BALFOUR CT CARLSBAD CA 92008 LADWIG DESIGN GROUP BOB LADWIG 2234 FARADAY AV CARLSBAD CA 92008 SEA BRIGHT COMPANY SUKUP, ROBERT 4322 SEA BRIGHT PL CARLSBAD CA 92008 BROOKFIELD TAMARACK LLC PEVNEY, ADAM STE 200 12865 POINTE DEL MAR DEL MARCA 92014 BRE COMMERCIAL SCHIFF, BRUCE 8i VISSER, DENNIS STE 100 1000 AVIARA PKWY CARLSBADCA 92011 URBAN WEST STRATEGIES DE RIENZO, DAVID 936 E SANTA ANA BLVD SANTA ANA, CA 92701 GRANT TUCKER PROPERTIES 1 UPPER NEWPORT PLAZA NEWPORT BEACH CA 92660 MCARDLE ASSOCIATES ARCHITECTS MCARDLE, ED STE 250 2173 SALK AVE CARLSBAD CA 92008 SILLMAN WRIGHT ARCHITECTS WRIGHT, ROD STE 400 7515 METROPOLITAN DR SAN DIEGO CA 92101 THE MCKINLEY ASSOCIATES MCKINLEY, KIRK STE 200 1818 1ST AVE SAN DIEGO CA 92101 HUNSAKER 8t ASSOCIATES WILLIMAN, LEX 9707 WAPLES ST SAN DIEGO CA 92121 O'DAY CONSULTANTS O'DAY, PAT STE 100 2710 LOKER AVE CARSLBAD CA 92010 THE LIGHTFOOT PLANNING GROUP GUNTER, ANN STE 250 5750 FLEET ST CARLSBAD CA 92008 COLRICH COMMUNITIES GABRIEL GRAEME STE 100 4747 MORENO BL SAN DIEGO CA 92117 CARLTAS COMPANY CALKINS, CHRIS STE 100 5600 AVENIDA ENCINAS CARLSBAD CA 92008 HG FENTON COMPANY JONES, ALLEN STE 200 7577 MISSION VALLEY RD SAN DIEGO CA 92108 SUDBERRY PROPERTIES SUDBERRY, COLTON STE 260 5465 MOREHOUSE DR SAN DIEGO CA 92121 PAUL LONGTON ARCHITECT LONGTON, PAUL 2909 MESA DR OCEANSIDE CA 92054 SMITH CONSULTING ARCHITECTS LANGAN, MARK STE 215 13280 Evening Creek Drive SAN DIEGO CA 92128 HOFMAN PLANNING & ENGINEERING HOFMAN, BILL STE 1 3156 LIONSHEAD AV CARLSBAD CA 92008 JACK HENTHORN & ASSOCIATES HENTHORN, JACK PO BOX 237 CARLSBAD CA 92018 PLANNING SYSTEMS KLUKAS, PAUL STE 100 1530 FARADAY AVE CARLSBAD CA 92008 BA WORTHING, INC WORTHING, BROOKS PO BOX 1041 CARLSBAD CA 92018 MCMILLIN LAND DEVELOPMENT BRIAN MILICH 2750 WOMBLE RD SAN DIEGO CA 92106 FORD MANCE MONTAGUE, LUKE PO BOX 910 CARDIFF CA 92007 RYAN COMPANIES US, INC CAREFOOT, CHUCK 6134 INNOVATION WAY CARLSBAD CA 92009 THOMAS ENTERPRISES KUHNEL MEL 3604 CARLETON ST SAN DIEGO CA 92106 WESTFIELD CORP FITCHITT, GREG STE 1700 225 BROADWAY SAN DIEGO CA 92101 M8iM TELECOM INC. MUNSON, DOUG PO BOX 55 POWAY CA 92074 INDUSTRIAL ENVIRONMENTAL ASSOCIATION KREBS, PATTI STE 900 110 WEST C ST SAN DIEGO CA 92101 GRAND PACIFIC RESORTS STRIPE, TIM STE 200 5900 PASTEUR CT CARLSBAD CA 92008 ATSiT c/o PLANCOM INC PATTERSON KRYSTAL 302 STATE PL ESCONDIDO CA 92029 WALTERS MANAGEMENT COWAN, VICTORIA 6726 ARBOR ROSE DR CARLSBAD CA 92009 WAVE CREST RESORTS CANEPA, BILL STE A 829 SECOND ST ENCINITAS CA 92024 BUILDING INDUSTRY ASSOCIATION MACIEJ, STEVE STE 110 9210 SPECTRUM CENTER BLVD SAN DIEGO CA 92123 CARLSBAD AIRPORT CENTRE 2006 PALOMAR AIRPORT RD CARLSBAD CA 92011 PREMIER COMMUNITY SERVICES SALAS, SHAWNA 5661-A PALMER WY CARLSBAD CA 92010 NN JAESCHKE HEGWOOD, RANDY 9610 WAPLES ST SAN DIEGO CA 92121 CITVOFCARlSgAD JUN 1 2 2012 PUNNING OEPAHiiWgNT SAN DIEGO C<J|iNTY REGIONAL AIRPORT AUTHORITY P.O. BOX 82776, SAN DIEGO. CA 92138-2776 619.400.2400 VWV.SANORG June 14, 2012 Ms Shannon Werneke City of Carisbad ~ ^ • Planning Department 1635 FaradayAvenue Carisbad, California 92008 Re: Airport Land Use Commission Consistency Determination - General Plan and Zoning Ordinance Amendments for Reassignment of Decision-Making Authority on Conditional Use Permits, City of Carisbad Dear Ms Werneke: As the Airport Land Use Commission (ALUC) for San Diego County, the San Diego County Regional Airport Authority acknowledges receipt of an application for a determination of consistency for the project described above. This project is located within the Airport Influence Area (AIA) forthe McClellan-Palomar Airport - Airport Land Use Compatibility Plan (ALUCP). ALUC staff has reviewed your application and accompanying materials and has determined that it meets our requirements for completeness. In accordance with ALUC Policies and applicable provisions ofthe State Aeronautics Act (Cal. Pub. Util. Code §21670-21679.5), ALUC staff has determined that the proposed project is consistent with the McClellan- Palomar Airport ALUCP based upon the facts and findings summarized below: (1) The proposed project involves general plan and zoning ordinance amendments to reassign decision-making authority on conditional use permits and provide greater flexibility for conditionally permitted uses in nonresidential zones. It does not include any physical development. (2) Properties affected by the project potentially lie within all noise contours. The ALUCP may require sound attenuation for certain uses or consider them to be incompatible within given contours. Existing City of Carisbad policies require sound attenuation or prohibit land uses in noise contours in accordance with the ALUCP per its General Plan, which has been deemed conditionally consistent with the ALUCP by the ALUC. (3) The proposed project is in compliance with the ALUCP airspace protection surfaces because no physical construction is actually proposed by the project. (4) Properties affected by the project potentially lie within all safety zones. The ALUCP designates levels of residential density or nonresidential intensity according to uses by zone. The City of Carisbad implements the ALUCP according to these allowances per its General Plan, which has been deemed conditionally consistent with the ALUCP by the ALUC. SAN DIEGO INTERNATIONAL AIRPORT Ms Werneke Page 2 (5) Properties affected by the proposed project may lie within the overflight notification area. The ALUCP requires that an overflight notification be provided for new residential land uses. Existing City of Carisbad policies provide for overflight notification for new residential land uses. (6) Therefore, the proposed project is consistent with the adopted McClellan-Palomar Airport ALUCP. (7) This determination of consistency is not a "project" as defined by the California Environmental Quality Act (CEQA), Cal. Pub. Res. Code §21065, and is not a "development" as defined by the California Coastal Act, Cal. Pub. Res. Code §30106. Please contact Ed Gowens at (619) 400-2244 if you have any questions regarding this letter. Yours truly. Angela Jamison Manager, Airport Planning cc: Amy Gonzalez, SDCR/\A - General Counsel Ron Bolyard, Caltrans - Division of Aeronautics Chris Schmidt, Caltrans, District 11 Vt:ARLSBAD Planning Division www.carlsbadca.gov June 7, 2012 San Diego County Regional Airport Authority Attn: Airport Land Use Commission PO Box 82776 San Diego, CA 92138-2776 SUBJECT: APPLICATION FOR DETERMINATION OF CONSISTENCY - GPA 11-05/ZCA 09-03/LCPA 09-02 - CUP CODE AMENDMENTS Attached is a Determination of Consistency application for City of Carisbad-proposed amendments to the General Plan, Zoning Ordinance and Local Coastal Program. The amendments are citywide and entail amending the text ofthe General Plan and Zoning Ordinance to reassign the approval authority to the lowest appropriate decision-maker for conditional use permits in the nonresidential zones and to provide greater flexibility for a variety of conditional uses in the nonresidential zones. The amendments propose no development and would not impact the McClellan-Palomar Airport operations. Changes proposed would amend General Plan and Zoning Ordinance text only and would be applicable city-wide. Amendments to the Local Coastal Program are necessary to ensure text changes are consistent with coastal policies; however, no coastal policies would be revised. If you have any questions about the proposed amendments, please contact me at (760) 602-4621 or by email at shannon.werneke@carlsbadca.gov. Sincerely, SHANNON WERNEKE Associate Planner Enc: Determination of Consistency application Proposed General Plan and Zoning Ordinance Amendments c: File ^ 1635 Faraday Avenue, Carisbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® SANDIEGO COUNTY REGIONAL AIRPORT AUTHORITY Airport Land Use Commission • P. O. Box 82776 • San Diego, California 92138-2776 APPLICATION FOR DETERMINATION OF CONSISTENCY Project Address: N/A - project affects various parcels. See attached for more information. Assessor's Parcel Number(s): Various (properties are scattered throughout Carlsbad) ~ Jurisdiction: City of Carlsbad Jurisdiction Project Manager: Shannon Werneke, Assoc. Planner Address: 1635 Faraday Avenue Telephone number: (760) 602-4621 Fax number: (760) 602-8559 Email address: shannon.werneke(gcarlsbadca.gov Brief Project Description: City of Carlsbad proposal to amend the text of the General Plan and Zoning Code to reassign the approval authority to the lowest appropriate decision-maker for conditional use permits in nonresidential zones and provide greater flexibility for a variety of GUP uses. No development proposed. Height of building(s) above grade: i^/^ Maximum feet above mean sea level: ri/^ Lot coverage: n/a % Total square footage of building space: Area of property in square feet: Date project was deemed complete per Govemment Code: J]/^ Floor Area Ratio: f)^ Attach the following documents to this application: (1) Property deed or title report listing current owner of record (2) Assessor's parcel map page showing property (3) FAR Part 77 determination of hazard (if applicable) (4) Project site plans with floor plans and dimensioned elevations The San Diego County Regional Airport Authority, acting in its capacity as the local Airport Land Use Commission (ALUC), reserves its right to request additional information and documents regarding any proposed project submitted for a consistency determination. The submittal shall not be deemed complete by the Authority until such time as all required documents and information, as detennined by Authority staff, have been submitted and reviewed for completeness. Any determination rendered by the Authority is limited to the project plans and description submitted with this application and is not transferable to any revision of this or any similar, future project involving any change in the use, area, or height of structures as depicted and described therein. Any changes in these project characteristics subsequent to Authority review but before decision-making consideration by the local jurisdiction must be resubmitted via new application to the Authority for a new determination of consistency. As representative of the local jurisdiction named above, I hereby certify that 1 understand the foregoing statements and further that this application and attached documents constitute a true and correct statement of facts to the best of my knowledge. Project Manager Signature: '^^^J^My^^'AA^ ^ Date: 4^//z-> BELOW FOR STAFF USE ONLY A1A___ _AAOZ limit RPZ FAZ APZ zone CNEL(dB): outside 60 60-65 65-70 70-75 75-80 80+ Max Elev AMSL Latitude ° ' " North Longitude ° ' " West FAA Notification Required? Y / N USMC Review Letter? Y / N I'nnt Form