Carlsbad City Zoning Code
CHAPTER 21
31 C-L LOCAL SHOPPING CENTER ZONE
§ 21.31.010 Intent and purpose.
The intent and purpose of the C-L local shopping center zone is to:
A.
Implement the local shopping center (L) land use designation of the Carlsbad general plan;
B.
Assure that any site zoned C-L will be developed so as to provide a range of goods and services to meet the daily necessities and convenience of the residents of the neighborhoods in which the site is located;
C.
Assure that local shopping centers are developed consistent with adopted specific plans, master plans, and local facilities management plans;
D.
Assure that local shopping centers will be compatible with surrounding development and the local neighborhoods in which they are located;
E.
Provide opportunities for local shopping centers to supplement their principal function of providing local neighborhoods with daily goods and services through the inclusion of community-serving uses, residential uses, general offices, medical offices, public and semi-public facilities, and entertainment uses when such other uses are found by the city to be desirable and can be integrated into the form and function of the local shopping center; and
F.
Create a permit process through which proposals for new, expanded or redeveloped local shopping centers will be reviewed to assure that shopping centers comply with the intents and purposes stated herein, include superior and creative design and architecture, and conform with the city's objectives for the community's environment, health, safety, and welfare.
(Ord. NS-765 § 3, 2005; Ord. CS-178 § XXVII, 2012)
§ 21.31.020 Definition: local shopping center.
means a group of architecturally unified commercial establishments providing primarily neighborhood-serving goods and services, numbering at least three such establishments, built upon a site that is planned, developed, owned and managed as an operating unit related in its location, size, and type of shops to the trade area that it serves and with on-site parking in definite relationship to the types and total size of the stores. A local shopping center provides daily necessities and convenience goods and services needed by the neighborhood in which it is located. Therefore, it normally will have as major anchor tenants a grocery store and/or drug store or such combination of other establishments that function to provide equivalent goods and services, plus other secondary tenants. Other uses and tenants may supplement, but not replace, the local-serving nature of the center.
(Ord. NS-765 § 3, 2005)
§ 21.31.030 Permitted uses.
A.
In the C-L zone, only the uses listed in Table A, below, shall be permitted, subject to the requirements and development standards specified by this chapter.
C.
A use similar to those listed in Table A may be permitted if the City Planner determines such similar use falls within the intent and purposes of this zone, and is substantially similar to the specified permitted uses.
D.
A use category may be general in nature, where more than one particular use fits into the general category (ex. in some commercial zones "offices" is a general use category that applies to various office uses). However, if a particular use is permitted by conditional use permit in another zone, the use shall not be permitted in this C-L zone (even under a general use category) unless it is specifically listed in Table A of this chapter as permitted or conditionally permitted.
Table A Uses Permitted in the C-L Zone |
|---|
In the table, below, subject to all applicable permitting and development requirements of the municipal code: "P" indicates the use is permitted. (See note 5 below) |
"CUP" indicates that the use is permitted with approval of a conditional use permit. (See note 5 below) |
1 = Minor Conditional Use Permit (Process One), pursuant to Chapter 21.42 of this title. |
2 = Conditional Use Permit (Process Two), pursuant to Chapter 21.42 of this title. |
3 = Conditional Use Permit (Process Three), pursuant to Chapter 21.42 of this title. |
"Acc" indicates use is permitted as an accessory use. |
Use | P | CUP | Acc |
|---|---|---|---|
Accessory buildings/structures, which are customarily appurtenant to a permitted use (ex. incidental storage facilities (see note 1, below) (defined: Section 21.04.020) | X | ||
X | |||
Adult and/or senior day care and/or recreation facility (private or nonprivate) | 1 | ||
Alcoholic treatment center | 2 | ||
Arcades—coin-operated (subject to Section 21.42.140(B)(15); defined: Section 21.04.091) | 1 | ||
Athletic clubs, gymnasiums, and health clubs | X | ||
Banks and other financial institutions without drive-thru facilities | X | ||
Bars, cocktail lounges (subject to Section 21.42.140(B)(20); defined: Section 21.04.041) | 2 | ||
Biological habitat preserve (subject to Section 21.42.140(B)(30); defined: Section 21.04.048) | 2 | ||
Bowling alley (subject to Section 21.42.140(B)(35); defined: Section 21.04.057) | 1 | ||
Breweries with retail accessory use, including tasting rooms | 3 | ||
Car wash (subject to Section 21.42.140(B)(45)) | 1 | ||
X | |||
Clubs—nonprofit, business, civic, professional, etc. (defined: Section 21.04.090) | 1 | ||
Delicatessen (defined: Section 21.04.106) | X | ||
Drive-thru facilities (excluding restaurant) | 1 | ||
Drug paraphernalia store (subject to Section 21.42.140(B)(55)) | 3 | ||
Educational facilities, other (defined: Section 21.04.137) (see note 2, below) | X | ||
Escort service (subject to Section 21.42.140(B)(60); defined: Section 21.04.141) | 3 | ||
Farmworker housing complex, small (subject to Section 21.10.125) (defined: Section 21.04.148.4) | 1 | ||
Gas stations (subject to Section 21.42.140(B)(65)) | 2 | ||
Greenhouses > 2,000 square feet (subject to Section 21.42.140(B)(70)) | 1 | ||
Group homes (serving seven or more persons and requiring state licensing) (defined: Section 21.04.163) | X | ||
Kiosks, vending carts, and push carts | X | ||
Liquor store (subject to Section 21.42.140(B)(85); defined: Section 21.04.203) | 1 | ||
Manufacturing/fabrication of goods (ancillary) (subject to Section 21.31.070) (see note 1, below) | X | ||
Medical uses (excluding hospitals), including offices for medical practitioners, clinics, incidental laboratories, and pharmacies (prescription only) | X | ||
Mobile buildings (subject to Section 21.42.140(B)(90); defined: Section 21.04.265) | 1 | ||
News/magazine stands (see note 1, below) | X | ||
Nightclubs, dance clubs, and other establishments that play live or recorded music or make regular use of amplified sound | 3 | ||
Office uses, that provide services directly to consumers, including, but not limited to, banking, financial, insurance, and real estate services (see note 3, below) | X | ||
Outdoor dining (incidental) (subject to Section 21.26.013; defined: Section 21.04.290.1) | X | ||
Outdoor sales of seasonal agricultural goods (Christmas trees, pumpkins, and similar products) (subject to Section 21.31.060(B)) (see note 1, below) | X | ||
Packing/sorting sheds > 600 square feet (subject to Section 21.42.140(B)(70)) | 1 | ||
Personal services (defined: Section 21.04.291.1) | X | ||
Pet shops/pet supplies | X | ||
Plant nurseries and nursery supply | 1 | ||
Pool halls, billiard parlors (subject to Section 21.42.140(B)(110); defined: Section 21.04.292) | 2 | ||
Public meeting halls, exhibit halls, and museums | 2 | ||
Public/quasi-public buildings and facilities and accessory utility buildings/facilities (defined: Section 21.04.297) | 2 | ||
Radio/television/microwave/broadcast station/tower | 2 | ||
Recreation facilities | 1 | ||
Recycling collection facilities, large (subject to Chapter 21.105; defined: Section 21.105.015) | 2 | ||
Recycling facilities, small (collection, temporary storage) (subject to Chapter 21.105; see also Section 21.31.080; defined: Section 21.105.015) | 1 | ||
Recycling, reverse vending machine (subject to Chapter 21.105; defined: Section 21.105.025) (see note 1, below) | X | ||
Religious reading room (separate from church) | 1 | ||
Residential uses (subject to Section 21.31.065) | X | ||
Restaurants, cafes, and coffee shops, including take-out only service (excluding drivethru) | X | ||
Retail uses that provide goods sold directly to consumers, and focusing on the needs of the local neighborhood, including sales of liquor (see note 4, below) | X | ||
X | |||
Services, provided directly to consumers, and focusing on the needs of the local neighborhood, including, but not limited to, personal grooming, dry cleaning, and tailoring services | X | ||
Signs (subject to Chapter 21.41) | X | ||
Temporary building/trailer (construction) (subject to Section 21.53.110) | X | ||
Theaters (motion picture or live)—Indoor | 2 | ||
Theaters, stages, amphitheaters—Outdoor | 3 | ||
Thrift shops (subject to Section 21.42.140(B)(150)) | 1 | ||
Veterinary clinic/animal hospital (small animals) (defined: Section 21.04.378) | 1 | ||
Welfare and charitable services (private or semi-private) with no permanent residential uses (e.g., Goodwill, Red Cross, Traveler's Aid) | 1 | ||
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 Girls Clubs, YMCA, YWCA, except lodgings) | 1 |
Notes: | |
|---|---|
1. | Accessory buildings and structures and ancillary uses shall be developed as an integral part of a permitted use within or on the same structure or parcel of land. |
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 typically offered by "community" retail establishments. When "community" retail establishments are included in a local shopping center, they shall be subject to the following: the definition of a local shopping center, Section 21.31.020, and the function of the local shopping center land use class as described in the Carlsbad general plan. |
5. | |
(Ord. NS-791 § 29, 2006; Ord. CS-102 §§ LXVI—LXVIII, 2010; Ord. CS-164 § 10, 2011; Ord. CS-172 §§ X, XI, 2012; Ord. CS-178 § XXVIII, 2012; Ord. CS-189 §§ XXXIII, XXXIV, 2012; Ord. CS-224 § XXVI, 2013; Ord. CS-225 § VII, 2013; Ord. CS-384 § 21, 2020; Ord. CS-432, 9/27/2022; Ord. CS-448, 6/6/2023)
§ 21.31.040 Site development plan for new local shopping centers.
A.
A site development plan shall be required for the development of a new local shopping center. The site development plan shall be processed subject to Chapter 21.06 (Q qualified development overlay zone) of this title, as modified by this section.
B.
Mandatory Findings of Fact. In addition to the findings set out in Section 21.06.020(b) (Q qualified development overlay zone—findings), no site development plan for a local shopping center shall be approved unless the decision-making authority finds that the site, either by itself or in combination with another adjoining center, will provide the normal range of goods and services to meet the everyday needs of the local neighborhood, in keeping with the intent and purpose of both this zone and the local shopping center general plan designation. For the purpose of this section, "adjoining center" means that the second shopping center either abuts the subject center or is located on property immediately across a common street.
(Ord. NS-765 § 3, 2005; Ord. CS-178 § XXIX, 2012)
§ 21.31.050 Redeveloping, remodeling, and expanding existing shopping centers.
A.
Except as otherwise provided in this section, a proposal to redevelop, remodel or expand an existing local shopping center shall be processed through a site development plan or a site development plan amendment.
B.
Where a site development plan does not exist for an existing center, a site development plan shall first be obtained pursuant to Section 21.31.040.
C.
Where a site development plan exists, the proposal shall be processed through an amendment to the site development plan, pursuant to Section 21.54.125.
D.
Exceptions. The following are excepted from the need to obtain an amendment to an existing site development plan or for a new site development plan for an existing center that does not have one:
(Ord. NS-765 § 3, 2005; Ord. CS-164 § 10, 2011; Ord. CS-178 § XXIX, 2012)
§ 21.31.060 Special requirements to be addressed in the site development plan.
A site development plan for a local shopping center shall show how each of the following, if applicable, will be developed:
A.
Employee eating and outdoor eating areas:
1.
Required eating areas for employees (subject to Section 21.31.080(K));
2.
Food courts or outdoor seating areas, operated in common with or available to the patrons of more than one restaurant, if any;
3.
Restaurants with eating areas located outdoors or within common areas otherwise designated for pedestrian or other traffic, if any;
B.
Areas for temporary outdoor display and sales of seasonal items (pumpkins, Christmas trees, etc.);
C.
Areas designated for outdoor cooking or barbequing, if any;
D.
Kiosks and vending carts, if any;
E.
Signs;
F.
Recycling facilities;
G.
Special events area or public gathering area, if any;
H.
Bicycle parking;
I.
Shopping cart collection and storage areas; and
J.
Access points to the site for pedestrians and internal pedestrian circulation.
(Ord. NS-765 § 3, 2005; Ord. CS-432, 9/27/2022)
§ 21.31.065 Residential uses.
Mixed use developments that propose residential uses in combination with commercial uses shall comply with the following requirements.
A.
Residential uses are allowed either vertically, meaning within the same building, or horizontally, meaning within a separate building on the same site. Residential uses must be accessory to the nonresidential uses permitted by Section 21.31.030 of this title.
C.
Residential uses shall be constructed at a minimum density of 15 dwelling units per acre, per Table 2-4 of the general plan land use and community design element, subject to approval of a site development plan processed in accordance with Chapter 21.06 of this title.
1.
Density and yield of residential uses shall be determined consistent with the residential density calculations and residential development restrictions in Section 21.53.230 of this title and shall be based on 25% of the developable area. Unit yield in excess of the minimum shall be subject to the finding in subsection 2 below. In no case shall the calculation preclude the development of at least one dwelling unit in a mixed use development.
2.
Residential uses shall be accessory to the primary commercial use of the site. Compliance with this provision shall be evaluated as part of the site development plan.
D.
Residential uses shall include low barrier navigation centers, group homes serving six or fewer persons and require state licensing including, but not limited to, residential care facilities (serving six or fewer persons), and group homes that do not require state licensing including, but not limited to, supportive housing and transitional housing.
(Ord. CS-172 § XII, 2012; Ord. CS-191 § XVI, 2012; Ord. CS-249 § XIV, 2014; Ord. CS-287 § 6, 2015; Ord. CS-422, 5/10/2022; Ord. CS-470, 4/16/2024; Ord. CS-448, 6/6/2023)
§ 21.31.070 Limitations on permitted uses.
Every nonresidential use permitted shall be subject to the following conditions and limitations:
A.
Conduct Uses in Buildings. All uses shall be conducted wholly within a building, except such uses as gasoline stations, nurseries for sale of plants and flowers, uses set out in Section 21.31.060, and other enterprises customarily conducted in the open or otherwise as identified and permitted in a site development plan. The City Planner is authorized to make any necessary interpretations of this subsection;
B.
On-Site Manufacture of Goods. Products made incident to a permitted use shall be sold only at retail on the premises, and not more than five persons may be employed in the manufacturing of products permitted herein;
(Ord. NS-765 § 3, 2005; Ord. CS-164 § 10, 2011; Ord. CS-172 § XIII, 2012)
§ 21.31.080 Development standards.
A.
Property Size. No site shall be included in the local shopping center zone unless all constituent properties are contiguous, planned as an integrated whole, and aggregate to a minimum of four net acres, if already developed with retail uses, or seven gross acres, if undeveloped or developed with uses other than retail.
B.
Building Height.
1.
Except as otherwise provided in this section, no building in the C-L zone shall exceed a height of thirty-five feet, and allowed height protrusions as described in Section 21.46.020 shall not exceed a height of forty-five feet.
2.
Additional building height may be permitted to a maximum of forty-five feet through approval of a minor site development plan processed in accordance with the provisions of Chapter 21.06 of this title, provided that:
a.
All required yards shall be increased at a ratio of one horizontal foot for every one foot of vertical construction beyond thirty-five feet. The additional yard area will be maintained as landscaped open space; and
b.
The allowed height protrusions as described in Section 21.46.020 do not exceed a height of forty-five feet; with the exception of architectural features such as flagpoles, steeples, or architectural towers, which may be permitted up to fifty-five feet if the decision-making authority finds that the protruding architectural features:
C.
Yards.
1.
The following yards shall apply to the periphery of a local shopping center unless otherwise established through a prior site development plan approval:
Table B: Yards | |
|---|---|
Site Property Line is Adjacent to | Yard Depth |
Primary Arterial Road | 20 feet |
Secondary Arterial Road | 15 feet |
Non-Arterial Road | 10 feet |
Not On A Street Frontage | 10 feet |
2.
Protrusions into Yards. The following intrusions only may be permitted within required yards:
a.
Pedestrian walkways;
b.
Landscaping;
c.
Fences or walls;
d.
Approved areas of ingress and egress;
e.
Directional signs and approved monument signs;
f.
Public recreational facilities or outdoor eating areas as authorized in the site development plan;
g.
Architectural projections such as eaves, trellises, sun shades, columns, and buttresses may extend up to three feet into any yard.
D.
Landscaping. Landscaping shall be provided pursuant to the City of Carlsbad Landscape Manual and Chapter 21.44 (Parking).
E.
Walls and Fences.
1.
A solid masonry wall, six feet in height, shall be constructed along the common lot line with any residentially zoned property, except that the wall shall be forty-two inches in height along that part of the common lot line that bounds the front yard of the residential property.
2.
Other walls and fences up to a height of six feet are permitted except that no wall or fence shall be erected in excess of forty-two inches in height within a yard adjacent to streets. Chain link, barbed wire, razor ribbon or other similar fences are specifically not permitted.
F.
Lighting. Exterior lighting is required for all employee and visitor parking areas, walkways, and building entrances and exits. Light sources shall be designed to avoid direct or indirect glare to any off-site properties or public rights-of-way.
G.
Roof Appurtenances. All roof appurtenances, including air conditioners, shall be architecturally integrated and shielded from view and the sound buffered from adjacent properties and streets, to the satisfaction of the City Planner.
H.
Trash Enclosures. Trash receptacle areas shall be enclosed by a six-foot-high masonry wall with gates subject to city standards.
I.
Loading Areas and Docks. All loading areas shall be oriented and/or screened so as to be unobtrusive from the adjacent streets or properties. Appropriate mitigating measures shall be incorporated to assure that noise from a loading area or dock does not exceed sixty-five dB CNEL at the shopping center's property line.
J.
Parking Requirements. Parking shall be provided subject to the provisions of Chapter 21.44 of this title.
K.
Employee Eating Areas. Outdoor eating facilities for employees of the center shall be provided, as follows, except as noted below:
1.
A minimum of three hundred square feet of outdoor eating facilities shall be provided for each fifty thousand square feet of floor area, or portion thereof. Credit towards the required amount of floor area will be given for centers in which two or more restaurants share a common, public eating area in a food court or for other public eating area available to all patrons, comprising at least six hundred square feet.
2.
The area shall be easily accessible to the employees of the local shopping center.
3.
The area shall be landscaped and provided with attractive outdoor furniture, i.e., metal, wood, or concrete picnic tables, benches/chairs and trash receptacles.
4.
The site size, location, landscaping and furniture required above shall be approved as part of the required site development plan, or if no site development plan is required, a plan of the eating area shall be provided to and approved by the City Planner.
L.
Signs. Signage for sites in the C-L zone that are subject to a site development plan shall be implemented according to a sign program, as established by Section 21.41.060 (sign ordinance) of this title. Signs for sites not subject to a site development plan shall be subject to all other provisions of Chapter 21.41 (sign ordinance).
M.
Recycling Areas. Where state law requires a recycling area for beverage containers to be located within the center, said recycling area shall be subject to the provisions of Chapter 21.105 of this title. The location of all recycling areas shall be set out in the site development plan and the parameters of operation shall be called out.
(Ord. NS-765 § 3, 2005; Ord. CS-164 § 10, 2011; Ord. CS-178 § XXXI, 2012)
§ 21.31.090 Severability.
If any section, subsection, sentence, clause, phrase or part of this chapter is for any reason found by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this chapter, which shall be in full force and effect. The City Council hereby declares that it would have adopted this chapter with each section, subsection, sentence, clause, phrase or part thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or parts be declared invalid or unconstitutional.
(Ord. NS-765 § 3, 2005)