HomeMy WebLinkAboutLCPA 98-05; Carlsbad Ranch Overlay Zone; Local Coastal Program Amendment (LCPA) (7)GRAY DAVIS, Gomm STATE OF CALIFORNIA - THE RESOURCES AGENCY - AllFORNlA COASTAL COMMISSVN --
AN DIEGO AREA
111 CAMINOOEL RIOUORTH, SUITE 200
AN MEGO. CA 92108-1725
619) 521-8036
-
TO: COMMISSIONERS AND INTERESTED PER
FROM: DEBORAH LEE, SOUTH COAST DEPUTY DIRECTOR
SHERILYN SARB, DISTRICT MANAGER, SAN DIEGO AREA OFFICE
BILL PONDER COASTAL PROGRAM ANALYST, SAN DIEGO AREA
OFFICE
SUBJECT: STAFF RECOMMENDATION ON CITY OF CARLSBAD MAJOR
AMENDMENT 2-99A (For Public Hearing and Possible Commission Action at
the Meeting of August 10-13,1999) '
SYNOPSIS
SUMMARY OF AMENDMENT REQUEST
The subject amendment request revises the City of Carlsbad Local Coastal Program
(LCP) Implementation Plan. The LCPA involves the establishment of the
CommerciaWisitor-Serving Overlay Zone (Chapter 21.208) and a change to the zoning
map and will affect properties within the Mello I, Mello I1 and Agua Hedionda Lagoon
segments of the City's LCP. The change to the zoning map will establish the boundaries
of the overlay zone. The primary elements of the overlay zone involve: new procedural
details for processing a commercialhisitor-serving project within the overlay zone; the
requirement of a conditional use permit for commercidvisitor-serving projects; new
parking standards for certain uses; architectural, signage and landscape provisions; and
new enforcement provisions.
The basic rationale for the configuration and coverage area of the proposed
CommerciaWisitor-Serving Overlay Zone is to include commercially designated parcels
near the Legoland theme park, or adjacent to freeway frontage. Vacant parcels as well as
developed parcels are included. The ovkrlay zone will replace an Urgency Ordinance,
which is currently in effect until August 30, 1999, which allows the City to review
proposals within the overlay zone consistent with its development standards. If approved
by the Coastal Commission, the proposed CommerciaWisitor-Serving Overlay Zone will
be effective by September 1 , 1999.
'
1.
SUMMARY OF STAFF RECOMMENDATION
Staff is recommending approval of the proposed amendments as submitted. The
appropriate resolutions and motions begin on page 3. The findings for approval of the
Implementation Plan Amendment as submitted begin on page 4.
Carlsbad J "PA 2-99A
L' Page2
BACKGRO
The City's e&dd contains six geographic segments as follows: Agua Hedionda,
Mello I, Mello 11, West Batiquitos LagoodSammis Properties and East Batiquitos
Lagoon/Hunt Properties. Pursuant to Sections 30170(f) and 30171 of the Public
Resources Code, the Coastal Commission prepared and approved two portions of the
LCP, the Mello I and I1 segments in 1980 and 198 1 , respectively. 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 of its segments
except Agua Hedionda. The Agua Hedionda Lagoon LCP segment remains as a deferred
certification area until an implementation plan is certified.
ADDITIONAL INFORMATION
Further information on the submittal may be obtained from Bill Ponder at the San Diego
Area Office of the Coastal Commission at 3 1 1 1 Camino Del Rio North, Suite 200,
San Diego, CA 92108, (619) 521-8036.
i
Carlsbad LCPA 2 -‘A
Page 3
PART I. OVERVIEW
A. STANDARD OF REVIEW
The standard for Commission review of implementation plans is found in Section 30513
of the Coastal Act. Pursuant to Section 305 13 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.
B. PUBLIC PARTICIPATION
The City,has held both Planning Commission and City Council hearings with regard to
the subject amendment request. Each of these local hearings were duly noticed to the
public. Notice of the subject amendment has been distributed to all known interested
parties.
PART 11. LOCAL COASTAL PROGRAM SUBMITTAL - RESOLUTIONS
Following a public hearing, staffrecommends the Commission adopt the following
resolution and findings. The appropriate motion to introduce the resolution and a staff
recommendation are provided just prior to the resolution.
A. RESOLUTION I (Resolution to approve certification of the City of Carlsbad LCP
Implementation Plan Amendment #2-99A, as submitted)
MOTION I
I move that the Commission reject the City of Carlsbad LCP Implementation
Plan Amendment #2-99A, as submitted.
Staff Recommendation
f
Staff recommends a NO vote and the adoption of the following resolution and findings. 1. - An affirmative vote by a majority of the Commissioners present is needed to pass the
motion.
Resolution I
The Commission hereby approves certification of the amendment request to the
City of Carlsbad Local Coastal Program on the grounds that the amendment
conforms With and is adequate to carry out the provisions of the certified land use
plan. There are feasible alternatives or feasible mitigation measures available
which would substantially lessen any significant adverse impacts, which the
approval would have on the environment.
Carlsbad -PA 2-99A
Page 4
PART 111. FINDINGS FOR APPROVAL OF THE CARLSBAD 2-99A
IMPLEMENTATION PLAN AMENDMENT, AS SUBMITTED
A. AMENDMENT DESCRIPTION/CommerciaWisitor-Serving Overlay
Zone
The subject amendment request revises the City of Carlsbad Local Coastal
Program(LCP) by incorporating the City’s CommerciaWisitor-Serving Overlay
Zone (Chapter 21.208). The City’s Municipal Code functions as the implementation
plan for Carlsbad’s LCP. Accordingly, a local coastal program amendment is proposed
to ensure consistency between the proposed amended municipal code and the City’s LCP.
The primary elements of the overlay zone involve: new procedural details for processing
a commercialhisitor-serving project within the overlay zone; the requirement of a
conditional use permit for commercialhisitor-serving projects; new parking standards for
certain uses; architectural, signage and landscape provisions; and, new enforcement
provisions.
B. FINDINGS FOR APPROVAL
1) Purpose and Intent of the Ordinance. The purpose and intent of the
CommerciaWisitor-Serving Overlay Zone is to ensure that new commercial
development will be appropriately sited and designed. The prospect of a major new
theme park opening in the City (Legoland) caused the City to reconsider the standard
approval process for commercial projects within the area around, and near roads leading
to, the Legoland theme park. Based on the experience of other cities which have
undergone an accelerated economic stimulus due to new land uses, the City wanted a
safeguard against unchecked, uncontrolled commercial development. The overlay zone is
intended to be a tool by which the City can review the standard processing of
commercialhisitor-serving projects while also instituting regulations to ensure high
quality projects. It is also intended to be sufficiently detailed so that property owners and
development applicants may design projects using established standards and criteria.
2) Major Provisions of the Ordinance. The overlay zone focuses on quality appearance, adequate and compatible functioning of a commercial use, adequate parking
provisions, controlling signage, ensuring high quality architecture and providing detailed
landscaping criteria. The overlay zone defines CommerciaWisitor-Serving Uses and
requires such developments within the overlay zone to process a conditional use permit
that would be approved by the City Council; the Planning Commission typically is the
final decision maker for conditional use permits. The overlay zone has some
requirements that include a mandated pre-filing submittal and review process; a project
site notification process that physically posts a sign on the project site during project
processing; and, enforcement provisions designed to provide rapid, effective code
enforcement for code violations within the overlay zone. A Performance Monitoring
Condition is required to ensure that applicable projects satisfy the intent and purposes of
the overlay zone.
t
I ’
Carlsbad LCPA 2- .-. 4
Page 5
/4
The Development Standards section of the overlay zone addresses the following:
Parking, Signs, Building Height, Building Setbacks, Building MaterialslColors,
Architectural Style, Landscaping and Use Separation Standards. In general terms, the
overlay zone provides for: increased parking space requirements for certain uses; less
signage than is allowed citywide (1 square foot of signage per lineal foot of building
frontage vs. current allowance of 1.5 square feet of signage per lineal foot of building
frontage); architectural criteria and the allowance for the review of building materials,
texture and colors; and, specific landscaping criteria. Motelshotels are subject to a 600-
foot separation standard and gas stations are assigned locational and design criteria within
the overlay zone. Prohibited uses within the overlay zone include: stand-alone liquor
stores, outdoor display of goods or services, any drive-thru facility, and sales from
temporary displays or mobile platforms on private or public property.
Under the Parking Development Standards, parking provisions are established in the
overlay zone for the following: Motels/hotels/suites/inndlodges/resorts; Time Share
Projects; Gas Stations/mini-marts; Restaurants; Coffee shops/beverage-serving
usesldelicatessens; Meeting rooms/assembly space/convention facilities; Individual
retaiYgift shopdtoy stores/convenience storeslgeneral sales; Shopping center retail;
Museums; Visitor/information center; Bed and Breakfasts; Car rental agencies; and,
Movie theaters. In most cases, the overlay zone requires incrementally more parking
than do current codes citywide and/or accounts for employee parking. Some uses are
assigned parking provisions in the overlay zone that are not directly addressed in
citywide parking provisions.
In fact, several development standards are more restrictive than underlying designations.
The overlay zone proposes to increase the restaurant parking because several restaurants
within the proposed overlay zone currently experience parking shortfalls, especially mid-
day during the workweek. It is anticipated that with the numerous homes coming onto
the market in the vicinity, the growing industrial and office population combined with a
renewed tourism thrust led by Legoland, there will be increased demands on restaurant
sites. The current City standard for restaurants is 1 space for every 100 square feet of
restaurant floor area up to a 4,000 sq3. structure beyond which the standard changes to 1
space for every 50 sq.ft. of restaurant floor area. The proposed staxidard within the
overlay zone is 1 space for every 100 sq.ft. of restaurant area up to a 2,000 sq.ft.
structure, beyond which the standard charlges to 1 space for every 50 sq.ft. of floor area.
The City found that the proposed restaurant ratio is in line with other cities that may be
comparable to Carlsbad in either their size, tourism elements and/or coastal location.
Some cities that use the 1 : 100 ratio also added required spaces for employees, indicating
that the 1 : 100 ratio alone is insufficient. The City found that the current restaurant zone
is inadequate given (1) current, real examples in the City; (2) the rapid growth of the City
and rising worker population within and adjacent to the overlay zone; (3) concurrent
tourism growth amidst the industrial ofice growth; and (4) restaurant standards of other
cities.
I
Regarding the regulation of existing uses within the overlay zone, the intent was to
minimize impacts. The overlay zone was not intended to abate any currently existing
uses. Existing uses will be subject to the provisions of the overlay zone if they propose
Carlsbad J -A 2-99A
Page 6
new or expanded CommerciaWisitor-Serving uses that either invoke a higher parking
standard, or add more than 200 square feet of floor area to existing structures. The
Carlsbad Ranch Specific Plan is not part of the overlay zone; residential, church, school,
industrial and office uses are exempt from the overlay zone; and, automobile dealerships
within the Car Country Specific Plan are exempt from the overlay zone. Section
21.208.060 lists prohibited uses in the overlay zone. Gas stations, motels and hotels are
subject to use separation and locational standards.
The conditional use permit is designated as the entitlement permit for applicable projects
in the overlay zone. Related to the processing of such conditional use permits are
regulations requiring pre-filing interaction between the city and applicant, project site
notification to maximize public disclosure about a pending project, and new enforcement
provisions which provide more rapid code enforcement compared to current citywide
enforcement procedures.
The proposed overlay zone further adds that to be exempt, any existing on-site non-
‘conformities with regards to building setbacks, parking or signage cannot be increased
through the site’s redevelopment.
3) Adequacy of the Ordinance to Implement the Certified LUP Segments.
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. In the case
of the subject LCP amendment, the City’s Municipal Code serves as the Implementation
Program for the Carlsbad LCP. The respective affected LUPs have recreation and
visitor-serving use policies. Policy 6-4 of the Mello I1 LUP provides that additional
overnight camping facilities should be provided in the coastal zone. Policy 6-5 states that
approximately 40 acres of additional visitor-serving uses should be established in
Carlsbad. Policy 6-8 defines a range of “visitor-serving” uses. Similarly, the Agua
Hedionda Lagoon LUP’s visitor-serving and recreation policy group reiterates Coastal
Act policies which call for the provision of lower cost visitor-serving facilities, that
public facilities including parking areas shall be distributed to mitigate against the
impacts of overcrowding or overuse by the public of any single area and that upland areas
necessary to support coastal recreational uses shall be reserved for such uses, where
feasible (Coastal Act Sections 30213,30212.5 and 30223). The Mello I LUP contains 1 similar policies. I 4,
The proposed overlay zone does not alter any LCP land use designations or regulations.
While the overlay es~blishes strict development and design standards, it would not result
in the abatement of any existing visitor-serving uses, or be in conflict with any of the
above LUP provisions. The proposed overlay will assure adequate on-site parking is
provided to reduce traffic circulation problems, maximize public on-street parking and
enhance public access opportunities. The landscape, signage and design standards will
assure the scenic and visual quality of the coastal zone is protected. Thus, the
Commission finds that the subject amendment to the implementation plan is consistent
with and adequate to carry out the policies of the certified LUP.
Carlsbad LCPA 2 -A
Page 7
PART IV. CONSISTENCY WITH THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT (CEQA)
Section 21080.5 of the California Environmental Quality Act (CEQA) exempts local
government from the requirement of preparing an environmental impact report (EIR) in
connection with its local coastal program. Instead, the CEQA responsibilities are
assigned to the Coastal Commission and the Commission's 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 each LCP.
Nevertheless, the Commission is required in an LCP submittal or, as in this case, an LCP
amendment submittal, to find that the LCP, or LCP, as amended, does conform to CEQA
provisions. The proposed amendment deals with a new overlay zone within the City's
coastal zone. As submitted, the proposed ordinance revisions would not result in
inappropriate impacts to coastal resources. Therefore, the Commission finds that approval
of the zoning amendment will not result in any significant adverse environmental impacts
under the meaning of the California Environmental Quality Act and that the proposed
changes can be made.
(CdsbadLCPA2-99AstfiptS.99)
f
1.
I EXHIBITNO. 1 co M M E RC I ALNI s I TO R-s E R\[-
OVERLAY ZONE #2-99A
Commerci al/V i sitor-
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
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING TITLE 21 OF THE
CARLSBAD MUNICIPAL CODE BY THE ADDITION OF
CHAPTER 21.208 AND AMENDING THE ZONING MAP TO
LAY ZONE
ESTABLISH THE COMMERCIALNISITOR-SERVING OVER-
CASE NAME: COMMERCIALNISITOR-SERVING
OVERLAY ZONE
CASE NO.: ZCA 98-01/ZC 99-03
WHEREAS, the City Council passed a motion on June 24, 1997, directing staff to
study the establishment of an appropriate mechanism or process to make the Council a standard
part of the approval process for commercial projects in the general vicinity of the LEGOLAND
theme park; and
WHEREAS, the City Council’s stated objectives were to prevent negative aspects
that could arise from unchecked commercial development such as signage, low quality
architecture, traffic and circulation impacts, proliferation of certain uses and the potential for a
degradation of quality of life; and
WHEREAS, on September 2, 1997, the City Council adopted Urgency Ordinance
NS-418 to require Council’s immediate approval for commercial projects within the designated
coverage area of the urgency ordinance; and
WHEREAS, on October 15, 1997, .the City Council extended the Urgency
Ordinance and directed staff to develop a commercialhisitor-serving overlay zone; and ,
I 4.
WHEREAS, staff has performed research, solicited input from affected property
owners, participated in field trips and conducted public workshops wi”- *I-- p:+-* cnllnri1 I EXHIBITNO. 2 I APPLICATION NO. develop the overlay zone per Council’s direction; and
WHEREAS, the proposed overlay zone responds to
Council by providing an entitlement process that is unique in the Cit
approval, and establishes certain criteria and standards that are unique to
designed to promote high quality commercial projects that function and
time; and
Carlsbad LCPA
#2-99A
Resolution and
Ordinance for
Co rnmercial/Visi tor-
Serving Overlay
Zone
1 of 16
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
2c
25
28
WHEREAS, the overlay zone’s coverage area, permit process and development
standards have been subject to public review and input and refinements have been made to the
ordinance to respond to various concerns so it will be a usable and effective ordinance; and
WHEREAS, the overlay zone continues the citywide prohibition on drive-thru
restaurants.
NOW, THEREFORE, the City Council of the City of Carlsbad, California, does
ordain as follows:
SECTION 1: That Title 21 of the Carlsbad Municipal Code is amended by the
addition of Chapter 21.208 to read as follows:
CHAPTER 21.208
COMMERCIALNISITOR-SERVING OVERLAY ZONE
Sections:
21.208.010 Intent and Purpose.
2 1.208.020 Definitions.
21.208.030 Boundaries; Exceptions; Applicability.
21.208.040 Permitted Uses.
21.208.050 Uses Permitted by Conditional Use Permit.
21.208.060 Prohibited Uses.
21.208.070 Approval Process.
21.208.080 Pre-Filing Submittal and Meeting; Application for CUP.
21.208.090 Project Site Notification.
21.208.100 Development Standards.
21.208.110 Required Findings. .
21.208.120 Performance Monitoring Condition.
21.208.130 Existing Uses, Building Permits and Business Lickpses.
21.208.140 Administrative Enforcement Powers.
21.208.150 Administrative Notice, Hearing, and Appeal Procedures.
21.208.160 Judicial Enforcement.
21.208.170 Remedies Not Exclusive.
21.208.180 Severability.
21.208.010 Intent and Purpose.
The intent and purpose of the CommerciaWisitor-Serving overlay zone is to supplement the
underlying zoning by providing additional regulations for CommercialNisitor-Serving Uses.
The overlay zone is intended and designed to:
A. Control the location, operation and appearance of newly proposed
CommerciaVVisitor-Serving Uses within the overlay zone to prevent the over-proliferation of
certain uses as well as to ensure high quality appearance and operation;
-2-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
B. Maximize public disclosure about new CommerciaVVisitor-Serving Use
proposals located within the overlay zone;
C. Design compatibility, vehicular circulation, and shuttle budalternative
transportation options into CommerciaWisitor-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 permits for all CommercialNisitor-Serving
Uses within the overlay zone and emphasize the aspects of performance monitoring and
enforcement;
Establish the City Council as the final decision-maker for CommercialNisitor-
Serving Uses in the overlay zone;
Require CommerciaWisitor-Serving conditional uses as listed in the Planned
Industrial (P-M) Chapter of this Title for underlying P-M zoned properties within the Cverlay
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 whose
primary purpose is not to cater directly to the general public, and allows certain commercial uses
which cater to, and are ancillary to the uses allowed in the P-M zone; and,
H. Establish procedures in the overlay zone to provide for effective code
enforcement.
F.
G.
21.208.020 Definitions.
Terms used in this Chapter and not defined below shall be defined per Chapter 21.04 of this
Title. The following terms, as used in this Chapter, shall have the meaning established by this
Section:
A.
B.
. c.
“Applicant” means the property owner(s) of the site.
“Applicant’s agent” means the authorized representative of the property owner
responsible for processing the overlay zone conditional use permit.
“CommercialNisitor-Serving Use” means uses involving the provision of goods
or services designed primarily for tourists or visitors to the city, such as any of the following
either individually or in combination: commercial development with retail sales; lodging uses;
recreation vehicle (RV) parks, overnight RV parking, campgrounds or overnight campsite uses;
sales of souvenirs, gifts or toys; activities including food and/or beverage serving uses.
CommercialNisitor-Serving Uses include, but are not limited to: gas stationdmini-marts, hotels,
motels, restaurants, delis, retail stores, gift shops, museums and visitor centers.
D.
E.
F.
G.
“Enforcement Agency” means the city’s Community Development Depahpent.
“Enforcement Official” means the city’s Community Development Director.
“Freestanding sign” means a monument sign supported by the ground and not
supported by a pole.
“Time-share Project” means a project that meets the time-share definition
contained in Section 21.04.357 of this Title. Time share projects are distinguished between
“lock-off’ units and standard units for the purpose of establishing different parking requirements
as outlined in Section 21.208.100 A 2. “Lock-off’ units are defined as a timeshare unit which
allows the occupancy of less than the entire unit during a timeshare period such that each
occupant may occupy a part of the unit for a timeshare period with the remaining part of the unit
being “locked-off’ and subject to use by others. Standard time share units do not have lock-off
provisions.
-3-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
21.208.030 Boundaries: Exceptions: Applicabilitv.
This Chapter applies generally to all properties shown with the designation
“CommerciaWisitor-Serving Overlay Zone” on the Zoning Map as concurrently amended with
the adoption of this Chapter (pursuant to Section 21.05.050), as amended from time to time;
excepting therefrom any properties used as automobile dealerships within the Car Country
Carlsbad Specific Plan area, as amended fiom time to time.
Notwithstanding properties being within the boundaries of the overlay zone as
established above, the requirements for a conditional use permit, and the development standards
of this Chapter shall apply to:
A.
B.
1. CommerciaWisitor-Serving Uses within the overlay zone, and
2. The portions of mixed use projects constituting a CommerciaWisitor-
Where the provisions of this Chapter conflict with those of the underlying zone or
Serving Use
elsewhere in this code, this Chapter applies.
C.
21.208.040 Permitted Uses.
No CommercialNisitor-Serving Uses are permitted uses, in the overlay zone. The only
permitted uses in the overlay zone are the residential, industrial and office uses authorized as
permitted uses by the zoning of the underlying zone, which are not subject to the provisions of
this Chapter. Those uses shall be developed subject to the development standards and
entitlement processes required by their underlying zoning. In addition, a roadside stand for the
display and sale of products produced on the same premises is an allowed use provided that the
floor area shall not exceed two hundred square feet and is located a minimum of 20 feet from any
street, highway or city right of way.”
21.208.050
CommerciaWisitor-Serving Uses may be permitted within the overlay zone by approval of
copditional use permit pursuant to this Chapter. Conditional uses otherwise allowed by
underlying zoning designations, within the overlay zone, that are not CommercialNisitor-
Serving Uses, are not subject to this Chapter. Where the underlying zoning authorizes
conditionally approved uses (other than CommercialNisitor-Serving Uses) Chapter 2 1.50, not
this Chapter, applies.
21.208.060 Prohibited Uses.
Notwithstanding any underlying zoning provision, the following uses are prohibited in the ,
overlay zone:
is the primary form of business;
Uses Permitted bv Conditional Use Permit.
A.
B.
C.
Stand-alone liquor stores where the retail sale of liquor and/or alcoholic beverages
The outdoor storage or display of merchandise, goods or services for sale;
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,
merchandise or services from, or by means of, any temporary display, vehicle, platform, wagon
or pushcart upon any public street, privately owned property, public parking lot, city right of way
or sidewalk within the overlay zone; and
Incidental Outdoor Dining Areas (which waive parking requirements for small
outdoor eating areas up to 400 square feet in size) are prohibited. All indoor and outdoor eating
areas shall provide parking as required by 21.208.100 A 4 of this Chapter.
D.
-4-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
21.208.070 Amroval __ Process.
Notwithstanding Section 2 1.54.040, the City Council may approve, conditionally approve or
disapprove a conditional use permit within the overlay zone after the Planning Commission has
considered the application and made a recommendation to the Council pursuant to Chapter 2 1.54
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.
21.208.080
A. Prior to filing an application for a conditional use permit for a
CommercialNisitor-Serving Use within the overlay zone, the Applicant shall make a pre-filing
project submittal and then attend a pre-filing meeting.
1. Pre-Filing Submittal - The Applicant shall file a written pre-filing
submittal and shall follow the submittal requirements in accordance with the Planning
Department’s “Preliminary Review Process” accompanied by the fee, therefore, established by
the City Council by resolution. The submittal shall demonstrate compliance with this Chapter,
including the proposal of an architectural style as required by Section 2 1.208.100 F.
2. Pre-Filing Meeting - Within 30 days of the Applicant’s pre-filing
submittal, the Enforcement Official shall respond with a written City Response Letter,
thoroughly analyzing the proposal, establishing issues for resolution, and setting a time, date and
place to conduct a pre-filing meeting subject to the following:
a) Required attendance: Applicant or Applicant’s agent, staff planner and staff engineer.
b) Optional attendance: City Manager or designated representative,
any designated representative from a city department or division with an interest in, or concern
with, the proposed CommerciaWisitor-Serving development.
3. Primary purpose: discuss the city response letter, identify issues to be
resolved and establish final application requirements.
Good faith participation in the pre-filing meeting, is necessary for the submittal of
a formal conditional use permit application.
Upon completion of the pre-filing submittal and meeting, the Applicant may file a
formal application for a CUP pursuant to Chapters 21.50 and 21.54. The application shall be
accompanied by application(s) for any other required discretionary entitlement for the project
(including, but not limited to, a coastal development permit). Application for, and approval of, a
CUP pursuant to this Chapter shall qatisfj 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:
All State and Uniform Building Code requirements for disabled parking
spaces and related pathways.
All proposed rooftop equipment, mechanical enclosures and any Uniform
Building Code requirements relating to rooftop access, ladders or other rooftop structural
features.
Pre-Filinp Submittal and Meeting: Atmlication for CUP.
B.
C.
1.
2.
21.208.090 Proiect Site Notification.
In addition to the public notice requirements of Section 2 1.54.060, the Applicant shall provide
project site notification as follows:
-5-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
A. Upon city determination of completeness of a formal application, the Applicant
shall physically post the following notice on the project site. The Applicant shall maintain the
posted notice in good and legible condition until the application is withdrawn or scheduled for
public hearing, whichever occurs first. Such notice shall state “APPLICATION IN PROCESS”,
and shall include:
1. A yellow color background.
2.
3.
4. Planning Department contact information.
Concurrent with public noticing for a public hearing, the Applicant shall
physically post a notice on the project site for the entire term of the public notice period until,
and inclusive of, the actual public hearing date. Such notice shall state “PENDING PUBLIC
HEARING”, and shall include the same information required above, but:
A brief but complete explanation of the matter to be considered.
The Applicant’s namejphone number and Applicant’s agent (if applicable)
name and phone number.
B.
1.
2.
Notices required by subsections A and B above shall comply with the following:
1.
2.
An orange color background; and
Date, time and place of pending public hearing.
Sign location shall be in a conspicuous location so that the Notice is
visible from all portions of the project site which abut a private or public street.
Sign material shall be durable enough to withstand the elements. Signs
shall be secured to a ground mounted pole with a minimum pole height of four (4) feet and a
maximum pole height of six (6) feet.
3. Sign dimensions shall be: four (4) feet in height and three (3) feet in
length.
4. Letter height for the “APPLICATION IN PROCESS” or “PENDING
PUBLIC HEARING” headings shall be six (6) inches.
5. Letter height for the project descriptions shall be three (3) inches.
6. All other letter heights shall be two (2) inches.
7. All letter colors shall be black.
8. A city seal of the City of Carlsbad shall be displayed in the upper central
9. Applicant or developer phrases or logos are not allowed.
10. Applicant must obtain project planner approval of color and text, prior to
posting.
11. The Public Hearing Notice shall be removed upon withdrawa1,of the
application or completion of the public hearing process, whichever occurs first.
12. Any removed or damaged notices shall be immediately replaced. Failure
to do so may cause the public hearing to be re-scheduled by the Enforcement Official.
The Planning Director may modify any of the criteria listed above in subsections
C 1-7 if determined necessary to achieve maximum disclosure of the project and/or to optimize
visibility of the sign.
C.
portion of the notice with a minimum diameter of three (3) inches.
D.
21.208.100 DeveloDment Standards.
Notwithstanding any underlying zoning provisions, the development standards below shall
supersede other provisions of this Title, and shall be applied to conditional use permits issued
pursuant to this Chapter.
Parking. The number of parking spaces required for CommerciaWisitor-Serving
Uses within the overlay zone shall be calculated based on the ratios established below according
A.
-6-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
to land use. Fractional parking spaces are to be rounded up to the nearest whole number.
Compact space provisions are provided in Section 21.44.110 of this Title. Any use not listed
below and subject to the provisions of this Chapter, shall be subject to a parking ratio to be
determined by the Planning Director based on the requirements of similar uses. The Planning
Director’s determination may be appealed in accordance with Section 21.54.140 of this Title; or
the determination may be incorporated into the project design and conditional use permit
application. All State and Uniform Building Code requirements for disabled parking spaces and
related pathways shall be shown on the conditional use permit application exhibits.
1. Motels/Hotels/Suites/Inns/Lodges/Resorts. 1.2 spaces per unit, plus
parking as required per this Chapter for additional ancillary uses (restaurant, retail space, meeting
rooms, etc.) as calculated on an individual basis. In addition, these uses shall provide adequate
shuttle bus circulation and passenger drop-off/pick-up facilities to be developed on a case-by-
case, site-by-site basis. Tour budpassenger bus parking provisions may also be required based
on the specific project and location.
Time Share Projects. Lock-off units require 1.5 spaces per unit; standard
units require 1.2 spaces per unit. In addition, time share projects shall be subject to the following
requirements:
Adequate shuttle bus circulation and passenger drop-offlpick-up
facilities to be developed on a case-by-case, site-by-site basis;
An Interim Parkinflnit Marketing Plan which will address the
initial sales efforts to sell time share units and the corresponding need to provide additional
interim parking while sales are on-going. The Interim Parkinwnit Marketing Plan shall be
approved by 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.
Gas station/mini-mart. 1 space/300 square feet of gross floor area plus
three additional employee parking spaces. Gas stations with work bays shall park the work bay
areas at a ratio of four spaces for every work bay. In addition, gas stations shall conform to the
use separation and design criteria contained in Section 21.208.060 H 1 of this Chapter.
Restaurant. 1 space/100 square feet of gross floor area up to two thousand
(2,000) square feet. Two thousand square feet or greater: Twenty spaces plus 1 space/50 square
feet in excess of two thousand square feet. Outdoor eating.areas require 1 space/100 square feet
of gross floor area specifically designed, designated and approved for outdoor dining.
Recommended design features inclqde adequate shuttle bus circulation and passenger , drop-
off/pick-up facilities in addition to tour budpassenger bus parking provisions.
Coffee shopheverage-serving use/delicatessen. 1 space/300 square feet of
gross floor area excluding seating areas for eating and/or drinking. Indoor and outdoor seating
areas shall park at 1 space/100 square feet of area.
Meeting rooms, assembly space, convention facilities. 1 space11 00 square
feet of gross floor area.
Individual retail, gifts shops, toy stores, convenience stores, general sales.
1 space/300 square feet of gross floor area plus two additional employee parking spaces.
Shopping Center Retail. Minimum 1 space/200 square feet of gross
center. Restaurants in shopping center projects shall provide separate parking as required above
in Section 2 1.208.100 A 4.
Museums. 1 space/500 square feet of gross floor area plus a minimum of
two additional employee parking spaces. In addition, museums shall provide adequate shuttle
2.
a.
b.
3.
4.
5.
6.
7.
8.
9.
-7-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
bus circulation, passenger drop-off/pick-up facilities, and tour budpassenger bus parking
provisions to be developed on a case-by-case, site-by-site basis.
Visitor/information center. 1 space/400 square feet of gross floor area plus
two additional employee parking spaces. In addition, visitor/infonnation centers shall provide
adequate shuttle bus circulation, passenger drop-offlpick-up facilities, and tour budpassenger bus
parking provisions to be developed on a case-by-case, site-by-site basis.
Bed and breakfast. Minimum two spaces, one of which shall be covered
for the manager's unit, plus one space per guest room.
Car rental agencies. 1 space/250 square feet of gross floor area for the car
rental office space and customer waiting area. The rental car fleet parking shall be addressed
through a Fleet Parking Plan which will be reviewed and considered as part of the conditional
use permit application. In addition, car rental agencies shall provide shuttle bus circulation and
passenger drop-ofypick-up facilities to be developed on a case-by-case, site-by-site basis.
Movie theaters. Proposals involving movie theaters shall submit land use
and'parking studies or other appropriate documents to justify the proposed parking provisions as
part of the pre-filing submittal process per Section 21.208.080 of this Chapter. At the close of
the pre-filing submittal process, the Planning Director shall determine what the applicable
parking ratios are. The Applicant may appeal the Planning Director's decision in accordance
with Section 21.54.140 of this Title.
B. Signs. Except as provided herein, the provisions of Chapter 21.41 apply within
the overlay zone. All signage shall be reviewed and approved as part of the conditional use
permit process. No internally illuminated thru-face channel letter signs will be allowed to face
residentially zoned properties.
Maximum sign area. The maximum sign area allowance shall not exceed
one square foot per lineal foot of building frontage located on the lot. For comer lots or
buildings, with two building frontages, sign allowance will be based on .90 square foot per the
combined lineal footage. Shopping centers or other combined projects subject to the provisions
of this Chapter including projects that propose freeway service facility uses and signs, as defined
in Sections 21.41.030(10)(A) and (B)(i-iv) and regulated by Section 21.41.070(3)(B), shall
process a sign program as part of the conditional use permit. Freeway service facility center sign
programs shall not allow more than a total of 100 square feet of freestanding sign area for
'projects of eight (8) acres or less; or 150 square feet of freestanding sign area for larger sites.
Such sign programs may also allow a maximum of .60 square feet of wall signage per lineal foot
of commercial tenantkuite frontage; a maximum of .90 square feet of wall signage per combined
lineal footage of freestanding corner,buildings; and, a maximum of 1 square foot of sigrgge per
lineal foot of freestanding or anchor tenant building frontage. Shopping centers or combined
projects that do not propose freeway service fadities, shall be allowed a maximum of .75 square
feet of wall signage per lineal foot of commercial tenadsuite frontage; a maximum of 1 square
foot of wall signage per combined lineal footage of freestanding corner buildings; a maximum of
1 square foot of signage per lineal foot of freestanding or anchor tenant building frontage; and, a
maximum of 125 square feet of additional freestanding signage.
No freestanding sign shall exceed six feet in
height, except for freeway service facility signs; and freestanding multi-tenant directory signs for
shopping centers and/or mixed use CommercialNisitor-Serving projects, which shall not exceed
10 feet in height, pursuant to a City Council approved sign program.
Sign colors. Sign colors and materials are part of the discretionary review
process. Sign colors shall complement the overall building style without dominating the building
design.
10.
11.
12.
13.
1.
2. Maximum sign height.
3.
-8-
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
4. Landscaping related I signs. Freestanding signs are subject to the
landscaping requirements contained in subsection G of this Section.
Building Height. The allowed building height for projects subject to this Chapter
shall be determined by the development standards of the underlying zoning. Any proposed rooftop equipment or other structural features shall be screened from public view.
D. Building Setbacks. CommerciaWisitor-Serving buildings located adjacent to
Palomar Airport Road or Cannon Road east of the 1-5 interstate freeway shall maintain a
minimum setback of 50 feet. Except in the P-M zone, where the underlying zone setback shall
apply, new CommercialNisitor-Serving buildings shall maintain a minimum public street
setback of 30 feet. All setback areas shall be exclusive of parking spaces, parking overhang,
circulation aisles and trash enclosures. Improvements in this area shall be limited to landscaping,
access driveway(s), signage, lighting fixtures, screen walls, and pedestrian walkways or
sidewalks. For parcels eight acres or less in size, the back ten feet of the required setback may be
used as circulation aisles or parking spaces provided there is adequate use of landscaping and
screen walls. The minimum building setback from any freeway right of way shall be 30 feet of
which the back twenty feet may accommodate circulation aisles, trash and/or recycling
enclosures, and/or parking spaces. All development proposals subject to this Chapter shall
provide decorative paving in the primary approach driveway to the project for an area of at least
900 square feet (30 x 30 foot area) covering, at a minimum, the width of the driveway. The
decorative paving shall be depicted on landscape plans and shall be located adjacent to, but not
on, city right-of-way adjacent to the project entrance. Side and rear setbacks not subject to the 30
foot public street setback shall be assessed as part of the discretionary review of the conditional
use permit application, however, a minimum setback of ten feet entirely landscaped shall be
required.
E. Building Materials/Colors. Building materials and colors are part of the
discretionary review process. The use of illuminated awnings is not allowed. Metal awnings or
canopies are not allowed. High quality simulated building materials such as imitation brick,
stone, marble or wood may be approved. The primary colors of blue, red, yellow and green shall
not be dominate building colors. The use of colors shall be balanced and in the context of the
proposed architectural style.
Architectural Style. Two primary architectural styles are allowed in the overlay
zone as described in general terms below. One of the two styles shall be proposed in conditional
use permit applications, except as provided below in subsection 3. -
Village Architectural Style. This style involves the use of wood and
composition shingle roof materials,, steep pitched (7: 12 and greater) gabled roofs,, gabled
windows, use of dormers in gabled roofs, no mansard roof forms, applied surface detail
ornamentation and irregular building forms wit6 a variety of roof peaks.
Contemporary Southwest Architectural Style. This style involves the use
of SpanisWmission style clay roof tiles on a rectangular building form, white stucco walls, arches
and arched doorways with wooden beams, low pitched roofs, multi-pane windows and the use of
glazeddecorative tiles and tile paving.
3. Alternative Architectural Styles. An alternative architectural style may be
proposed on a conditional use permit application if it is specifically supported by the Enforcement
Official at the conclusion of the pre-filing procedures outlined in Section 21.208.080. This
alternative architectural style may accommodate a reasonable version of a user’s corporate
architectural style, provided the corporate architectural elements do not dominate the building
design so as to create incompatibility in the area; or detract from the overlay zone’s objective of
ensuring high quality appearances for CommercialNisitor-Serving Uses. Final approval of the
C.
F.
1.
2.
-9-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
proposed alternative architectural style is by the City Council as part of the conditional use permit
review.
G. Landscaping. Landscaping shall be designed to complement the project’s
proposed architectural style. Landscape plans shall be consistent with the City’s Landscape
Manual. The following landscaping regulations shall apply to development proposals subject to
this Chapter:
Freestanding sign landscape theme. Every freestanding sign shall provide
adjacent landscaping which promotes a common theme throughout the overlay zone. The
freestanding sign and related landscaping theme shall be shown on project landscape exhibits and
will consist of, at a minimum:
Six (6) bird of paradise plants (Strelitzia reginae) with a minimum
One Phoenix roebelenii palm tree with a minimum container size
of fifteen (15) gallons to be located to one side of the freestanding sign amidst the bird of
paradise plant clusters. The roebelenii palm may be replaced with another palm tree species if
supported by staff to be consistent with the overlay zone’s common landscaped sign theme and
approved with the conditional use permit by the City Council.
Appropriate ground cover such as agapanthus shrubs, or other
similar substitute subject to discretionary review, bark and/or turf in a visually pleasing
combination.
d) The minimum area for the provision of the freestanding sign and
corresponding landscaped theme shall be 80 square feet, designed to encompass the minimum
perimeter of the sign’s base or foundation area.
e). The above requirements are not necessary for qualified freeway service signage, however, the structural base of allowed freeway service signs shall be
adequately located and screened from view by landscaping as part of the conditional use permit
application.
Required Trees. Parking lot trees shall be provided at a ratio of one tree
for every six parking spaces provided. These trees shall be located in planting areas that are
outside of required setback areas. All trees shall be a minimum container size of fifteen (15)
gallons, however, at least 50% of required parking lot trees shall be a minimum of 24 inch box
size. All parking lot planter strips and parking island dimensions, configurations and
landscaping shall conform to Appendix E of the City’s Landscape -Manual, except that for sites
eight acres or less in size, individual planting islands with a minimum width of 6 feet may be
provided. Such planting islands shall have a minimum length of 30 feet, however, the mkimum
length shall not be less than the length of adjacent parking stalls.’ Street trees required by the
street tree requirements of section IV.D.3 of the Landscape Manual shall all be 24 inch box sizes.
In addition to the street tree requirements of the Landscape Manual, and except for the slope
planting requirements of section IV.E.3 of the Manual for slopes over 8 feet in vertical height,
setback landscaping trees shall be provided in clusters at a ratio of 1 tree for every 1000 square
feet of setback area. Except for street trees which shall be 24 inch box sizes, setback area trees
shall be a minimum container size of fifteen (15) gallons, however, at least 50% of required
setback area trees shall be a minimum of 24 inch box sizes. For the calculation of setback areas,
multiply the length of the setback times 20 feet; for interior lot and freeway setbacks, multiply
the length of the setback times 10 feet. The use of existing on-site trees may be considered to
replace required trees at a 1:l ratio, on a case-by-case, site-by-site basis. For existing trees to be
considered, landscape plans shall indicate tree caliper width at three feet above existing grade,
and photographs of the subject trees shall be submitted.
1.
a).
b)
container size of five gallons. These plants shall be located in clusters around the sign.
c)
2.
-10-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3. Screening of Areas. The following areas shall be specifically designed to
be screened from public points of view:
a) Parking Areas. All surface parking areas shall be screened by the use of forty-two (42) inch high screen walls to be complemented with landscaping in front of the
walls within setback areas. Screen walls shall be architecturally finished to complement the
project’s architecture and shall provide an architectural cap on top of the wall. The screening
wall height may reduce to thirty inches to comply with engineering sight distance requirements
as necessary. Vines and attaching plant forms shall be used to fwther obscure the screening
walls. The use of existing trees and/or grade separations to screen parking areas may be
considered on a case-by-case, site-by-site basis.
b) LoadingflDelivery/Trash Enclosure Areas. All areas used for loading
activities, receiving deliveries and trash enclosure locations shall be located onsite so as to be
screened from public points of view. Landscaping may assist this objective but is secondary to
locating these areas onsite and/or using solid masonry walls, to minimize visibility.
All landscaped areas shall be maintained in a healthy,
thriving manner. Failure to maintain such areas in conformance with approved landscape plans
and concepts, may result in administrative fines and/or revocation or other discretionary action
pursuant to the Performance Monitoring Condition (see Section 21.208.120) or other
enforcement procedures in this Chapter.
H.
standards.
4. Maintenance.
Use Separation Standards. The uses below are subject to use separations
1. Gas stations, gas stationdmini-marts.
a) Location. New gas stations or gas stations/mini-marts shall only
be permitted at intersections where at least one of the streets is classified as a prime, major or
secondary arterial on the General Plan. A maximum of two stations may be allowed at each such
intersection. Where a T-intersection is involved, a maximum of one station may be allowed.
The proposed site may not adjoin any residential property.
The minimum lot size, or the minimum area
exclusively designated for this use in a mixed use project, shall be fifteen thousand square feet.
Street frontage along the non-arterial roadway shall be a minimum of one hundred fifty (150)
feet.
Design Criteria. On comer lots, no access shall be made with the
prime or major arterial roadway; no driveway access shall be allowed within 100 feet of a prime
or major arterial roadway intersection and may be limited to a right in, right out only access; and,
fuel delivery circulation design shall be accommodated onsite on a case-by-case, siterby-site
basis.
2. Motels/Hotels. CommerciaWisitor-Serving motel and hotel uses shall
maintain a minimum separation of six hundred (600) feet; business hotels or motels located on P-
M zoned property serving the adjacent industrial office area, and not the general public, are not
subject to the separation standard. Use separation standards shall be measured from proposed
building edge to existing, or approved, building edge. Separation distances shall be measured at
points of closest proximity to reveal the minimum separation involved. Individual motel or hotel
buildings that comprise one motel or hotel use are not subject to the 600 foot separation standard.
For project sites of 6 acres and larger: Up to two motels or hotels may be located onsite provided
that a minimum setback of two hundred (200) feet shall be provided from any public street(s)
adjacent to the project site; and the two motel or hotel uses/structures have a minimum separation
of one hundred fifty (150) feet. All motelhotel structures, regardless of project site acreage,
b) Lot dimensions.
c)
-1 1-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
shall maintain a minimum separation of six hundred (600) feet from any residentially zoned
property line.
21.208.110 Reauired FindinPs.
In addition to the findings required for the granting of a conditional use permit pursuant to
Section 21.42.020, conditional use permits issued pursuant to this Chapter are subject to the
following findings prior to approval:
That the proposed project is adequately designed to accommodate the high
percentage of visitor, tourist and shuttle budalternative transportation users anticipated given the
proposed use and site location within the overlay zone;
That the building forms, building colors and building materials combine to
provide an architectural style of development that will add to the objective of high quality
architecture and building design within the overlay zone; and
C. That the project complies with all development and design criteria of the overlay
zone.
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 is consistent with the intent and purpose of the P-M zone whose
primary purpose is not to cater directly to the general public, and allows certain commercial uses
which cater to, and are’ancillary to the uses allowed in the P-M zone.
For recreation vehicle (RV) parks, overnight RV parking, campgrounds or
overnight campsite uses: That the proposed use complies with all the provisions of
21.42.O10(2)(H)(a-e) of this title.
A.
B.
E.
21.208.120 Performance Monitoring - Condition.
Projects shall be continuously monitored, including at least one formal annual review, to assure
long term compliance with all conditions of approval, compatibility with adjacent properties,
enforce sign regulations and provide a basis for recommending approval of subsequent permit
extension requests. To achieve this, the following condition shall be placed on permits within
the overlay zone:
“If, at any time, the City Council, Planning Commission or Planning Director determine
that there has been, or may be, a violation of the findings or conditions of this conditional use
permit, or of the Municipal Code regulations, a public hearing may be held before the City
Council to review this permit. At said hearing, the City Council may add additional copditions,
recommend additional enforcement actions, or revoke the permit entirely, as necessary to ensure
compliance with the municipal code and the intent and purposes of the CommerciaWisitor-
Serving Overlay Zone, and to provide for the health, safety and general welfare of the City.”
21.208.130
For existing uses that propose a change in use, apply for a building permit or apply for a new
business license, the provisions of this Chapter shall not apply provided that all of the following
criteria are met: the proposal is consistent with the uses allowed by the site development plan or
specific plan, if any, applicable to the subject site; the proposal does not invoke a higher parking
standard pursuant to Section 21.208.100 A of this Chapter; and, the proposal does not involve an
increase of greater than 200 square feet to existing square footage. For such proposals, the
additional 200 square feet of area shall be parked subject to the parking standards of this Chapter.
Existing structures that propose demolition and redevelopment may be re-built to the same
square footage as allowed by a valid entitlement prior to the effective date of this ordinance, or
ExistinP Uses, BuildinP Permits and Business Licenses.
-12-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
up to an additional 200 square feet, without being subject to the requirements of this Chapter,
provided there is no increase in the degree of non-conformity with regards to building setbacks,
parking or signage. If a higher parking standard, or more than 200 square feet of increased
square footage is involved, the new, or intensified, portion of the existing use shall be subject to
all of the procedures, standards and conditional use permit requirements of this 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.
21.208.140 Administrative Enforcement Powers.
The Enforcement Agency and Enforcement Official can exercise any enforcement
powers as provided in Chapter 1.08 of this Code. In addition to the general enforcement powers
provided in Chapter 1 .OS of this Code, the Enforcement Agency and Enforcement Official have
the authority to utilize the following administrative remedies as may be necessary to enforce this
Chapter :
Civil Penalties. Any person who violates any of the provisions of this Chapter or
any condition of a conditional use permit issued pursuant to this Chapter shall be liable for a civil
penalty not to exceed one thousand dollars ($1,000.00) for each day such a violation exists. The
violator shall be charged for the full costs of any investigation, inspection, or monitoring survey
which led to the detection of any such violation, for abatement costs, and for the reasonable costs
of preparing and bringing legal action under this subsection. In addition to any other applicable
procedures, the Enforcement Agency may utilize the lien procedures listed in Sections
21.208.150 C 5 and D 2 and Section 21.208.160 B 3 to enforce the violator's liability.
A.
B.
21.208.150 Administrative Notice. Hearinp. and ADDeal Procedures.
A. Unless otherwise provided herein, any notice required to be given by the
Enforcement Official under this Chapter shall be in writing and served in person or by registered
or certified mail. If served by mail, the notice shall be sent to the last address known to the
Enforcement Official. Where the address is unknown, service may be made upon the owner of
record of the property involved. Such notice shall be.deemed to have been given at the time of
deposit, postage prepaid, in a facility regularly serviced by the United States Postal Service
When the Enforcement Official determines that a violation of one or more
provisions of this Chapter or any condition of a conditional use permit issued pursuant to this
Chapter exists or has occurred, any violator(s) or property owner(s) of record shall be served by
the Enforcement Official with a written notice and order. The notice and order shall state the
Municipal Code Section or the condition violated, describe how violated, the location and date(s)
of the violation(s), and describe the corrective action required. The notice and order shall require
immediate corrective action by the violator(s) or property owner(s); where the violation is a
continuing violation which does not create an immediate danger to health or safety, the notice
shall provide a reasonable time, not less than three (3) working days, to correct or otherwise
remedy the violation, prior to the imposition of administrative fines. The notice and order shall
also explain the consequences of failure to comply, including that civil penalties shall begin to
immediately accrue if compliance is not immediately achieved (or, if applicable within three
days from the date the notice and order is issued). The notice and order shall identify all hearing
whether or not the registered or certiqed mail is accepted. +, B.
-13-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
' 18
19
20
21
22
23
24
25
26
27
28
.-
rights. The Enforcement Official may propose any enforcement action reasonably necessary to
abate the violation.
C. If cure or abatement of the violation(s) is not immediately achieved (or, if
applicable within three days) from the date the notice and order is issued, the Enforcement
Official shall request the City Manager to appoint a Hearing Officer and fix a date, time, and
place for hearing. The Enforcement Official shall give written notice thereof to the violator(s) or
owner(s) of record, at least ten days prior to the date for hearing.
The Hearing Officer shall consider any written or oral evidence presented
to determine whether the violation(s) exists, and/or civil penalties should be imposed, consistent
with rules and procedures for the conduct of hearings and rendering of decisions established and
promulgated by the city manager.
2. In determining whether action should be taken or the amount of a civil
penalty to be imposed, the Hearing OEcer may consider any of the following factors:
a) Duration of the violation(s).
b) Frequency or recurrence.
c) Seriousness.
d) History.
e)
f)
g)
h)
i) If the violator(s) or owner(s) of record fail to attend the hearing, it shall
constitute a waiver of the right to a hearing and adjudication of all or any portion of the notice
and order.
The Hearing Officer shall render a written decision within ten days of the
close of the hearing, including findings of fact and conclusions of law, identifying the time frame
involved and the factors considered in assessing civil penalties, if any. The decision shall be
effective immediately unless otherwise stated in the decision. The Hearing Officer shall cause
the decision to be served on the Enforcement Official and all participating violators or owners of
'record.
If the persons assessed civil penalties fail to pay them within the time
specified in the Hearing Officer's decision, the unpaid amount constitutes either a personal
obligation of the person assessed or aJien upon the real property on which the violation oocurred,
in the discretion of the Enforcement Official. If the violation(s) is not corrected as directed the
civil penalty continues to accrue on a daily basis. Civil penalties may not exceed one hundred
thousand dollars ($100,000.00) in the aggregate. When the violation is subsequently corrected,
the Enforcement Official shall notify the violator(s) and/or owner(s) of record of the outstanding
civil penalties and provide an opportunity for hearing if the amount(s) is disputed within ten days
from such notice.
Judicial Appeal of Hearing Officer Determination.
1.
1.
Violator's conduct after notice and order.
Good faith effort to comply.
Economic impact of the penalty on the violator(s).
Impact of the violation on the community.
Any other factor which justice may require.
3.
4.
5.
D.
Notwithstanding the provisions of Section 1094.5 or 1094.6 of the Code of
Civil Procedure, within 20 days after service of the final administrative order or decision of the
Hearing Officer is made in accordance with this Section regarding the imposition, enforcement
or collection of the administrative fines or penalties, a person contesting that final administrative
order or decision may seek review by filing an appeal to be heard by the superior court, where
the same shall be heard de novo, except that the contents of the local agency's file in the case
-14-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
shall be received in evidence. A court proceeding under this Section is a limited civil case
authorized by Government Code Section 53069.4. A copy of the notice of appeal shall be served
in person or by first-class mail upon the local agency by the contestant.
The Enforcement Official shall take all appropriate legal steps to collect
these obligations, including referral to the city attorney for commencement of a civil action to
recover said funds. If collected as a lien, the Enforcement Official shall cause a notice of lien to
be filed with the county recorder, inform the county auditor and county recorder of the amount of
the obligation, a description of the real property upon which the lien is to be recovered, and the
name of the agency to which the obligation is to be paid. Upon payment in full, the Enforcement
Official shall file a release of lien with the county recorder.
2.
21.208.160 Judicial Enforcement. -. A.
B.
Criminal Penalties. Any person who violates any provision of this Chapter or any
InjunctiodAbatement of Public Nuisance; Violations deemed a public nuisance.
1.
condition of a conditional use permit issued pursuant to this Chapter is guilty of a misdemeanor.
In addition to the other civil and criminal penalties provided herein, any
condition caused or permitted to exist in violation of any of the provisions of this Chapter or any
condition of a conditional use permit issued pursuant to this Chapter, is a threat to the public
health, safety, and welfare and is declared and deemed a public nuisance, which may be
summarily abated and/or restored as directed by the Enforcement Official in accordance with the
procedures identified in Chapter 6.16.
A civil action to abate, enjoin or otherwise compel the cessation of such
nuisance may also be taken by the city, if necessary. The Enforcement Official may also cause
the city to seek a petition to the Superior Court for the issuance of a preliminary or permanent
injunction, or both, or an action to abate a public nuisance, as may be appropriate.
The full cost of such abatement and restoration shall be borne by the
owner of the property and the cost thereof shall be a lien upon and against the property in
accprdance with the procedures set forth in Section 21 208.140.
Other Civil Action. Whenever a notice and order or Hearing Officer's decision is
not complied with, the City Attorney may, at the request of the Enforcement Official, initiate any
appropriate civil action in a court of competent jurisdiction to enforce such notice and order and
decision, including the recovery of any unpaid civil penalties provided herein.
2.
3.
C.
21.208.170 Remedies Not Exclusive
Remedies set forth in this Chapter qe not exclusive but are cumulative to all other civil and
criminal penalties provided by law, including, but not limited to, amortization, abatement, and
summary removal pursuant to Chapter 21.41 and or California Business and Professions Code
Sections 5412 -5412.3 and 5492 through 5497. The seeking of such other remedies shall not
preclude the simultaneous commencement of proceedings pursuant to this Chapter.
21.208.1 80 Severability
If any section, subsection, sentence, clause or phrase of the ordinance codified in this Chapter is
for any reason held to be invalid or unconditional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of the ordinance
codified in this chapter. The City Council declares that it would have passed the ordinance
codified in this chapter and each section, subsection, sentence, clause and phrase thereof,
irrespective of the fact that any part thereof be declared invalid or unconditional.
-15-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
2f
2;
2E
SECTION 2: Title 21 of the Carlsbad Municipal Code is amended by the
amendment of the Zoning Map by the addition of the CommerciaWisitor-Service Overlay Zone
on property as shown on the exhibit marked ZC 99-03, attached hereto and made a part hereof.
EFFECTIVEDATE: This ordinance shall be effective thirty days after its
adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be
published at least once in a publication of general circulation in the City of Carlsbad within
fifteen days after its adoption. (Not withstanding the preceding, this ordinance shall not be
eflective within the City’s Coastal Zone mtil approved by the California Coastal Commission.)
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
Council on the day of 1999, and thereafter.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the day of 1999, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ALETHA L. RAUTENKRANZ, City Clerk
(SEAL)
-16-
CLAUDE A. LEWIS, Mayor
ATTEST: