Carlsbad City Zoning Code
CHAPTER 21
42 MINOR CONDITIONAL USE PERMITS AND CONDITIONAL USE PERMITS
§ 21.42.010 Purpose.
The purpose of the minor conditional use permit or conditional use permit is to allow special consideration for certain uses to be located in zones other than those in which they are classified as permitted because of their particular characteristics.
Such uses may only be suitable in specific locations in a zoning classification or only if such uses are designed or laid out in a particular manner on the site or are subjected to specific conditions to assure compatibility within the zone and its surroundings. Since it would be impractical and detrimental to the peace, health, safety and general welfare to permit such uses in all areas of the city in any one or more zones, the peace, health, safety and general welfare will be promoted if such uses are authorized only by minor conditional use permit or conditional use permit in accordance with the standards hereinafter set forth.
The privileges and conditions of a minor conditional use permit or conditional use permit are a covenant that runs with the land, and, in addition to binding the permittee, bind each successor in interest.
(Ord. NS-791 § 1, 2006)
§ 21.42.030 Findings of fact.
A.
A minor conditional use permit or conditional use permit may be granted only if the following facts are found to exist in regard thereto:
1.
That the requested use is necessary or desirable for the development of the community, and is in harmony with the various elements and objectives of the general plan, including, if applicable, the certified local coastal program, specific plan or master plan;
2.
That the requested use is not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located;
3.
That the site for the proposed conditional use is adequate in size and shape to accommodate the yards, setbacks, walls, fences, parking, loading facilities, buffer areas, landscaping and other development features prescribed in this code and required by the City Planner, Planning Commission or City Council, in order to integrate the use with other uses in the neighborhood;
4.
That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use.
B.
When the subject of the application for minor conditional use permit or conditional use permit is protected by the First Amendment to the United States Constitution, or Article I, Section 2 of the California Constitution, then only the definite objective guidelines and standards of this chapter and of any other chapter of this code applicable to the property shall apply. The general health, safety and welfare requirements of this subsection shall not apply and any requirements of this code which may not be constitutionally applied shall be severed from the requirements which may be constitutionally applied and those applicable shall remain in full force and effect.
(Ord. NS-791 § 1, 2006; Ord. CS-164 § 10, 2011; Ord. CS-178 § LXXII, 2012)
§ 21.42.040 Conditions which may be added prior to granting permit.
A.
In granting a minor conditional use permit or conditional use permit, any and all conditions necessary to protect the public health, safety and welfare, may be added thereto, including, but not limited to, the following:
1.
Regulation of use;
2.
Special yards, open space, and buffers;
3.
Fences and walls;
4.
Dedicating and improving public improvements;
5.
Regulation of points of vehicular ingress and egress;
6.
Requiring placement and maintenance of landscaping;
7.
Regulation of signage, noise, vibration, odors, etc.;
8.
Regulation of time for certain uses on the subject property;
9.
Time schedule for developing the proposed use;
10.
Time period during which the proposed use may be continued;
11.
Any other conditions necessary for the development of the city in an orderly and efficient manner and in conformity with the intent and purpose set forth in this chapter.
(Ord. NS-791 § 1, 2006)
§ 21.42.050 Application and fees.
A.
Application for a minor conditional use permit or conditional use permit may be made by the owner of the property affected or the authorized agent of the owner. The application shall:
1.
Be made in writing on a form provided by the City Planner.
2.
State fully the circumstances and conditions relied upon as grounds for the application; and
3.
Shall be accompanied by adequate plans, a legal description of the property involved and all other materials as specified by the City Planner.
B.
At the time of filing the application, the applicant shall pay the application fee contained in the most recent fee schedule adopted by the City Council.
(Ord. NS-791 § 1, 2006; Ord. CS-164 § 11, 2011; Ord. CS-178 § LXXIII, 2012)
§ 21.42.060 Notices and hearings.
A.
Notice of an application for a minor conditional use permit shall be given pursuant to the provisions of Sections 21.54.060.B and 21.54.061 of this title.
B.
Notice of an application for a conditional use permit shall be given pursuant to the provisions of Sections 21.54.060.A and 21.54.061 of this title.
(Ord. NS-791 § 1, 2006; Ord. CS-164 § 10, 2011; Ord. CS-178 § LXXIII, 2012)
§ 21.42.070 Decision-making authority.
A.
Applications for minor conditional use permits or conditional use permits shall be acted upon in accordance with the following. Please refer to the use regulation table in each zone to determine whether the conditional use permit is decided by process one, two or three.
1.
Process One—Minor Conditional Use Permit.
a.
An application for a minor conditional use permit may be approved, conditionally approved or denied by the City Planner based upon his/her review of the facts as set forth in the application, of the circumstances of the particular case, and evidence presented at the administrative hearing, if one is conducted pursuant to the provisions of Section 21.54.060.B.2 of this title.
2.
Process Two.
a.
An application for a conditional use permit subject to process two may be approved, conditionally approved or denied by the Planning Commission based upon its review of the facts as set forth in the application, of the circumstances of the particular case, and evidence presented at the public hearing.
3.
Process Three.
a.
An application for a conditional use permit subject to process three may be approved, conditionally approved or denied by the City Council based upon its review of the facts as set forth in the application, of the circumstances of the particular case, and evidence presented at the public hearing.
b.
Before the City Council decision, the Planning Commission shall hear and consider the application for the conditional use permit and shall prepare a recommendation and findings for the City Council. The action of the Planning Commission shall be filed with the City Clerk, and a copy shall be mailed to the applicant.
(Ord. NS-791 § 1, 2006; Ord. CS-164 § 10, 2011; Ord. CS-178 § LXXIII, 2012)
§ 21.42.080 Announcement of decision and findings of fact.
When a decision on a minor conditional use permit or conditional use permit is made pursuant to this chapter, the decision-making authority shall announce its decision in writing in accordance with the provisions of Section 21.54.120 of this title.
(Ord. NS-791 § 1, 2006; Ord. CS-164 § 10, 2011; Ord. CS-178 § LXXIII, 2012)
§ 21.42.100 Effective date and appeals.
A.
Decisions of the City Planner on minor conditional use permits shall become effective unless appealed in accordance with the provisions of Section 21.54.140 of this title.
B.
Decisions of the Planning Commission on conditional use permits shall become effective unless appealed in accordance with the provisions of Section 21.54.150 of this title.
C.
Decisions of the City Council on conditional use permits are final, conclusive and shall be effective upon the date specified in the announcement of decision.
(Ord. NS-791 § 1, 2006; Ord. CS-164 § 10, 2011; Ord. CS-178 § LXXIII, 2012)
§ 21.42.110 Expiration, extensions and amendments.
A.
Expiration of Permit if Not Exercised. The expiration period for an approved minor conditional use permit or conditional use permit shall be as specified in Section 21.58.030 of this title.
B.
Extension of Permit if Not Exercised. The expiration period for an approved minor conditional use permit or conditional use permit may be extended pursuant to Section 21.58.040 of this title.
C.
Expiration of Permit. Such rights and privileges granted under a minor conditional use permit or conditional use permit shall also expire at such time as the City Planner/Planning Commission/City Council may designate in the approval of the minor conditional use permit or conditional use permit.
D.
All existing conditional use permits, which include an expiration date and a requirement to extend the permit, may be hereby approved administratively by the City Planner in perpetuity without the requirement to extend the conditional use permit.
(Ord. NS-791 § 1, 2006; Ord. CS-164 § 10, 2011; Ord. CS-178 § LXXIII, 2012; Ord. CS-432, 9/27/2022)
§ 21.42.120 Revocation.
A.
The City Planner/Planning Commission/City Council shall have continuing jurisdiction over any minor conditional use permit or conditional use permit.
B.
To consider the revocation of a minor conditional use permit, the City Planner shall hold an administrative hearing after giving notice pursuant to the provisions of Sections 21.54.060.B and 21.54.061 of this title.
C.
To consider the revocation of a conditional use permit, the Planning Commission/City Council shall hold a public hearing after giving notice pursuant to the provisions of Sections 21.54.060.A and 21.54.061 of this title.
D.
The City Planner/Planning Commission/City Council may revoke and terminate the minor conditional use permit or conditional use permit in whole or in part, reaffirm the minor conditional use permit or conditional use permit, modify the conditions or impose new conditions.
F.
A minor conditional use permit or conditional use permit may be revoked or conditions modified or added on any one or more of the following grounds:
1.
That the minor conditional use permit or conditional use permit was obtained by fraud or misrepresentation;
2.
That the use for which such approval is granted is not being exercised;
3.
That the minor conditional use permit or conditional use permit is being or recently has been exercised contrary to any of the terms or conditions of approval;
4.
That the use for which such approval was granted has ceased to exist or has been suspended for one year or more;
5.
That the use is in violation of any statute, ordinance, law or regulation;
6.
That the use permitted by the minor conditional use permit or conditional use permit is being or has been so exercised as to be detrimental to the public health, safety or welfare or so as to constitute a nuisance.
(Ord. NS-791 § 1, 2006; Ord. CS-164 § 10, 2011; Ord. CS-178 § LXXIII, 2012)
§ 21.42.140 Development standards and special regulations.
A.
The following development standards applicable to the particular zone in which any minor conditional use or conditional use is proposed to be located shall prevail, unless in the findings and conditions recited in the letter or resolution dealing with each such matter, specific exemptions are made with respect thereto:
B.
The minor conditional uses and conditional uses identified in this section shall be subject to the following special regulations:
5.
Apiary. All hives or boxes housing bees shall be placed at least four hundred feet from any street, school, park, residential zone, or dwelling or place of human habitation other than that occupied by the owner or caretaker of the apiary.
10.
Aquaculture Stands. In considering the appropriateness of such facility, the minimum following criteria shall be considered:
15.
Arcades (Coin-Operated).
a.
No alcoholic beverages shall be permitted on premises.
b.
All activities shall be conducted within the confines of a structure designed to contain the noise created by such operation.
c.
An opening shall be provided through which an unobstructed view of the interior of the premises can be obtained from the exterior of the building.
17.
Auto Repair. Service bays shall be screened from adjacent properties and public view by a wall, fence, hedge or other appropriate plant or landscape material between the service bay and the property line.
18.
Auto Storage/Impound Yards. On-site auto storage areas shall be screened to reduce the view of the auto storage area from surrounding properties and streets. Screening may be accomplished by a combination of walls, fencing, landscaping or berms.
20.
Bars and Cocktail Lounges.
a.
An opening shall be provided through which an unobstructed view of the interior of the premises can be obtained from the exterior of the building.
b.
Parking shall be provided at the rate of not less than one space per fifty square feet of gross floor area.
c.
Surrounding grounds, including parking areas, shall be maintained in a neat and orderly condition at all times.
d.
Any structure housing such operation shall meet all applicable code provisions prior to occupancy.
e.
Licensee or agent shall not permit open containers of alcoholic liquor to be taken from the premise.
f.
No bar or cocktail lounge shall be located within five hundred feet of any other bar or cocktail lounge.
25.
Bed and Breakfast Uses.
a.
All proposed bed and breakfast uses shall be located within a historically or architecturally interesting structure which is located in a scenic or other area of the city with a unique character.
b.
A resident manager or owner must live at and be involved in the daily operation of the facility. Documents pertaining to the operation and maintenance of such facility shall be submitted for staff approval prior to building permit issuance.
c.
All bed and breakfast uses shall contain no less than three and no more than eight individually decorated guest rooms. A common room shall be available for social interaction.
d.
If meals are served other than for guests staying at the facility, then the use shall be subject to the requirements of this code for the establishment of a restaurant.
e.
Parking spaces shall be provided at a ratio of two spaces for the owner/manager, plus one space for each guest room. Guest parking spaces may be covered or uncovered. One covered parking space shall be provided for the owner/manager unit. No parking is permitted within the front yard setback.
f.
Exterior lighting shall be designed to limit direct light glare outside of the project site.
g.
No kitchens or other cooking facilities in the guest rooms.
h.
Occupancy of guest units shall be limited to seven days.
i.
The application for a conditional use permit shall include the submittal of an architectural theme, colored elevations and site plan for review.
30.
Biological Habitat Preserve.
a.
The biological habitat preserve shall not adversely impact the city's ability to provide public facilities and improvements such as, but not limited to, circulation element roadways, sewer or water infrastructure improvements and drainage improvements, as provided for in the citywide facilities and improvements plan, and the certified local coastal program.
b.
The biological habitat preserve shall be consistent with the city's habitat management plan or agency-approved habitat management plan.
c.
The biological habitat preserve shall be consistent with the city's local coastal program.
d.
A conditional use permit shall not be required when a biological habitat preserve is associated with a development proposal otherwise requiring environmental review and discretionary approval by the city, or a coastal development permit.
e.
Nothing in this section shall be construed as permitting encroachment or impacts to environmentally sensitive habitat areas and wetlands not permitted elsewhere in the certified local coastal program.
35.
Bowling Alleys.
a.
No noise shall be audible outside of the structure.
b.
If alcoholic beverages are offered for consumption on site, no open container shall be permitted to be removed from the premises.
c.
Parking requirements for any bar area not meeting the definition of bona fide eating establishment shall be computed at one space per fifty square feet of gross floor area.
40.
Campsites (Overnight).
a.
Any campsite shall be located in, adjacent to, or shall be directly associated with existing or planned parks and open space system and shall augment the city's general plan.
b.
An overnight campsite shall comply with all federal, state and local laws.
c.
The site plan for an overnight campsite shall be prepared by a licensed architect or landscape architect.
d.
No person shall occupy any part of an overnight campsite for more than ninety days, in the aggregate, during any given year.
e.
The design of an overnight campsite shall be subject to the following conditions:
i.
Upon site review, a perimeter six-foot fence or wall may be required. Interior six-foot fencing shall be required to isolate major trash collection and storage areas. Such fences or walls shall be of materials compatible with an approved architectural scheme for the total development.
ii.
Primary road surfaces, i.e., two-way throughways, shall be blacktop, asphalt or equivalent road surfaces. One-way throughways with sufficient natural drainage may be surfaced with decomposed granite or equivalent, otherwise hard surface equal to two-way requirements will be required. The remaining travel surfaces (camp pads, footpaths, maintenance roads) will be covered with decomposed granite or equivalent material.
iii.
Associated signs, freestanding or attached to buildings shall be designed and constructed in accordance with city ordinances.
iv.
Unit site densities shall be computed from a slope analysis of the project area: zero to five percent slope = maximum seven units/acre; six to fifteen percent slope = maximum three units/acre; sixteen plus percent slope = permanent open space.
v.
Sites within the campground shall be clearly marked and shall be not less than two thousand five hundred square feet in area.
vi.
Sites utilized by auto-truck campers, trailers, mobile coaches, shall front on a roadway not less than fifteen feet wide and which affords access to a public road.
vii.
Said campground facility shall total not less than ten acres, of which not less than sixty percent of the site shall be utilized for recreation activities, other than buildings, roadways, parking pads, trash or storage areas.
viii.
Camping spaces shall be placed at random throughout the project, so as not to reflect uniformity in appearance or design.
ix.
Exterior lighting shall be a type so as not to make visible a direct light source or cause glare outside the campground facility. Proposed light fixtures shall be subject to review to assure compatibility with the architectural scheme of the total development.
x.
Landscaping and sprinkler system shall be constructed in conformance with a plan prepared by a registered landscape architect and approved by the City Planner prior to building permit issuance. The sprinkler system shall be applied only to those areas that are not in extensive recreational use. Such landscaping shall be in conformance with but not limited to the following minimum standards:
(A)
The campground site shall be planted with combinations of flowers, turf, groundcovers, shrubs, and trees; said plantings shall be distributed throughout the site to create a park-like effect.
(B)
Trees shall be planted at a ratio of one for each one thousand square feet of gross land area. Ten percent of all trees shall be of specimen size. The remaining ninety percent shall be equally divided among fifteen, five and one-gallon sizes. Existing on-site trees may be utilized to fulfill tree requirements.
xi.
An architectural concept plan including plans for all structures and fences shall be adopted for the total development to assure harmony and compatibility of all facilities within the campground.
xii.
Documents pertaining to the maintenance of all facilities including landscaping, and designating those persons responsible for same, shall be submitted for staff approval prior to building permit issuance.
xiii.
Other conditions may be imposed in connection with any conditional use permit issued for a campsite, pursuant to conditional use permit ordinance regulations then in effect.
45.
Car Wash.
a.
The site shall be designed to reduce the visual impacts of buildings and waiting cars on surrounding development and from public streets.
b.
All structures shall be architecturally designed to ensure compatibility with surrounding development.
c.
A noise analysis addressing noise impacts on surrounding development may be required.
d.
A traffic study which analyzes the impact of the proposed carwash on adjacent and nearby intersections may be required. The limits of this study shall be established by the City Planner.
e.
Adequate parking and circulation shall be provided on-site to accommodate the proposed use.
f.
Waiting areas for cars shall be screened by a combination of landscaping, fencing and berming.
g.
All signs shall comply with an approved sign program.
h.
Adequate means of eliminating grease and oils from drainage systems shall be provided.
50.
Drive-Thru Restaurants. Drive-thru restaurants are prohibited within all zones in the city, including coastal zone properties. The drive-thru restaurant prohibition applies citywide to all existing and proposed specific plans, master plans, and related amendments. Drive-thru restaurants that are either existing or have received final approvals on January 5, 1998 are allowed to continue in existence subject to the terms and conditions of this code and the conditional use permit or other discretionary permit permitting them and may apply for and may be granted CUP extensions under this code.
55.
Drug Paraphernalia Stores.
a.
No drug paraphernalia store shall be located within five hundred feet of any school, church, residence, residential area, children's camp or club, child care facility, community center, library, park, public beach or playground.
b.
No drug paraphernalia store shall have a sign or advertisement which displays, shows or represents drug paraphernalia or any illegal drug including, but not limited to, marijuana, hashish, cocaine, or any controlled substance as defined in the Health and Safety Code of the State of California.
c.
An opening shall be provided through which an unobstructed view of the interior of the premises can be obtained from the exterior of the building.
60.
Escort Services.
a.
An opening shall be provided through which an unobstructed view of the interior of the premises can be obtained from the exterior of the building.
b.
No such business shall be located within five hundred feet of any residential zone.
c.
An application for a conditional use permit shall be referred to the Chief of Police, which application shall be under oath, and shall include, among other things, the true names and addresses of all persons financially interested in the business. The past criminal record, if any, of all persons financially interested in the business shall be shown on such application. The term "persons financially interested" shall include the applicant and all persons who share in the profits of the business on the basis of gross or net revenue, including landlords, lessors, lessees, and the owner of the building, fixtures or equipment. The application shall also be accompanied by fingerprints of persons financially interested.
The Chief of Police shall make such investigation as is necessary to determine the background of the applicant and other persons financially interested. The Chief of Police shall report to the Planning Commission his or her findings and recommendations as to whether to approve, deny, or conditionally approve or deny the conditional use permit in writing within one hundred eighty days after the application is submitted. The recommendations of the Police Chief shall be based on the findings and may also be based on his or her judgment of potential enforcement problems and reasons therefor from the proposed establishment. Failure to so report shall be deemed approval of the application. The Planning Commission may deny an application based on the findings and recommendations of the Chief of Police.
65.
Gas Stations.
a.
Permits for gas stations shall be granted only in the event one or more of the following factual situations is found to exist:
i.
The use is to be developed as part of a master-planned recreation area, industrial park, regional or community shopping center.
ii.
The use is to be developed as part of a freeway-service facility, containing a minimum of two freeway-oriented uses.
iii.
The use is to be developed as part of a commercial facility that is an integral part of a planned community development.
b.
Development Standards.
i.
All structures shall be architecturally designed to be compatible with surrounding neighborhood uses.
ii.
Landscape plans shall consist of the following:
(A)
Perimeter planter areas of a minimum of six feet in width and planter areas adjacent to the structure;
(B)
Six-inch concrete curb bounding all planter areas;
(C)
Landscaping including a combination of flowers, shrubs and trees;
(D)
A sprinkler system providing total and effective coverage to all landscaped areas;
(E)
A statement delineating a maintenance schedule and responsibility for maintenance of landscaped areas.
iii.
A six-foot-high masonry wall shall be constructed on all sides of the property that adjoin residential or residential-professional zoned property.
iv.
All exterior lighting shall be shielded or oriented in such way so as not to glare on adjacent properties.
v.
All displays and storage shall be contained within the main structure.
vi.
Trash containers shall be contained within a six-foot high enclosure.
vii.
All signs shall be in conformance with the city's sign ordinance.
viii.
Full public improvements shall be provided as may be required for public convenience and necessity.
c.
The development standards (see subparagraph b above) shall apply to existing gas stations when renovated structurally, and any newly developed service stations. Provisions regarding location shall not apply to gas stations in existence as of September 15, 1970.
70.
Greenhouses (Greater Than Two Thousand Square Feet in Area) and Packing/Sorting Sheds (Greater Than Six Hundred Square Feet in Area).
a.
Lighting shall be directed away from nearby residences and shall not create undue illumination.
b.
Fans shall not create a noise nuisance to nearby residences.
c.
Driveways shall be improved with dust control material and be maintained.
d.
Structure, including panels or coverings, shall be maintained and not become a safety hazard or nuisance to the neighborhood.
e.
The approving conditional use permit resolution shall contain the time limits of the permit and the provisions for periodic review.
71.
Group Homes (providing services to seven or more persons and requiring state licensing).
a.
Facilities shall comply with all the rules, regulations and standards required by the State Department of Social Services.
b.
Facilities shall meet current California Code of Regulations (Title 24) for occupancy, as defined.
75.
Hazardous Waste Facilities. Applications for specified hazardous waste facilities shall be processed in accordance with the requirements of this code and of Chapter 6.5 of Division 20 of the Health and Safety Code commencing with Section 25100. A conditional use permit for a specified hazardous waste facility shall not be approved unless all of the following findings can be made:
a.
That all of the findings required by this chapter for approval of a conditional use permit can be made;
b.
That the project is consistent with Chapter IX Section C (General Areas) and Appendix IX-B (General Areas) of the San Diego County hazardous waste management plan; and
c.
That the project is consistent with Chapter IX Section B (Siting Requirements) and Appendix IX-A (Siting Criteria) of the San Diego County hazardous waste management plan.
80.
Hotel and Motel Uses.
a.
The application shall include the submittal of an architectural theme, colored elevations and site plan.
b.
When adjoining residentially zoned property, hotels and motels under this section must comply with the following provisions:
i.
Front yard setbacks, buildings — twenty-five feet or the same distance as existing buildings on adjoining lots; driveway or parking area — ten feet; outdoor recreational amenities — ten feet;
ii.
A six-foot-high masonry wall shall be constructed along all property lines that are adjacent to residentially zoned properties (except where prohibited by approved driveways).
85.
Liquor Stores.
a.
There are specifically designated parking spaces that are sufficient for the use.
b.
Traffic flow on public streets or in parking areas will not cause congestion or be detrimental to other nearby neighborhood commercial uses.
c.
That all measures have been taken to insure compatibility of the use with the surrounding neighborhood.
d.
An opening shall be provided through which an unobstructed view of the interior of the premises can be obtained from the exterior of the building.
e.
Such establishment shall not be located within five hundred feet of any other licensed liquor store.
90.
Mobile Buildings.
a.
The mobile building shall be occupied by a permitted or conditional use allowed in the zone in which it is placed.
b.
The occupancy shall be limited to a five-year term, unless extended by the appropriate decision-maker.
c.
Newly placed mobile buildings shall not be installed on permanent foundations.
d.
All mobile buildings shall have wood or stucco siding and must be installed with skirting to screen the chassis, wheels, and temporary foundation system.
e.
All mobile buildings must meet all applicable local, state, and federal codes including, but not limited to, manufacturer's certificate of origin, current and valid registration tags, adequate accessibility for disabled persons, temporary foundation system design and installation, utility connections, and zoning requirements such as building height and setbacks.
95.
Oil and gas facilities (on-shore) including, but not limited to, processing plants, refineries, storage facilities, transfer stations, pipelines, warehouses, offices, tanker terminals, helicopter pads and the like. Such facilities are prohibited except upon findings by the City Council that:
a.
Approval of the proposed project and facilities will pose no danger to life and property to residents of the neighborhood, community or city;
b.
Approval of the proposed project will not pose a potential threat of damage or injuries to nearby residents;
c.
The benefits of the proposed project clearly outweigh the possible adverse environmental effects;
d.
There are no feasible alternatives to the proposed project; and
e.
The location and approval of the on-shore facilities at the particular location clearly outweigh any potential harm to public health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood or community and will not be detrimental or injurious to property in the neighborhood, community or to the general welfare of the city.
100.
Parks, Public.
a.
All applications for a public park shall include a master park site plan exhibit. The master park site plan exhibit shall include the general location of and maximum anticipated site area and building area of proposed major and accessory park uses (i.e., picnic areas, playfields, playgrounds, athletic fields, swimming pools, tennis/volleyball courts, gymnasiums, clubhouses, restrooms, trails, driveways, parking areas and fences).
b.
The development of the specific uses that are identified on the master park site plan shall not require an additional conditional use permit or an amendment to the existing master park site plan conditional use permit.
c.
Park improvements that do not add a new land use to the master park site plan or increase the maximum anticipated site area or building area for a use by more than twenty percent of what is anticipated on the master park site plan may be approved administratively by the City Planner.
105.
Pawnshops.
a.
No pawnshop shall be located within five hundred feet of any establishment licensed to dispense (for on-site or off-site consumption) alcoholic beverages.
b.
No pawnshop shall be located within five hundred feet of any residentially zoned property.
c.
An opening shall be provided through which an unobstructed view of the interior of the premises can be obtained from the exterior of the building.
110.
Pool Halls or Billiard Parlors.
a.
No such establishment shall be located within five hundred feet of any establishment licensed to dispense alcoholic beverages for consumption on-site or off-site.
b.
No establishment shall be permitted to dispense alcoholic beverages for consumption on-site or off-site.
c.
An opening shall be provided through which an unobstructed view of the interior of the premises can be obtained from the exterior of the building.
d.
Each structure housing such operation shall be constructed so as to contain within the structure all noise and other objectionable byproducts of such operation.
115.
Processing Plants For Farm Crops, Similar To Those Being Grown On The Premises. No processing plant shall be located within fifty feet of any lot line.
120.
Recreational Vehicle (RV) Storage.
a.
Only recreational vehicles as defined in Section 21.04.298 of this code may be stored within any recreational vehicle storage area; all stored vehicles must be in an operable condition and, if required, currently licensed.
b.
Permitted recreational vehicle storage shall not be utilized as a sales yard, or as storage for a sales yard. An occasional sale by an individual may be permitted.
c.
The maintenance, restoration and/or repair of any vehicle shall not be permitted within any recreational vehicle storage area, unless otherwise specifically permitted by the conditional use permit.
d.
The utilization of a stored vehicle as a living unit shall not be permitted.
e.
An accessory building, for administrative and security purposes, may be permitted by the conditional use permit.
f.
All approved recreational vehicle storage areas shall be subject to the following development standards:
i.
All recreational vehicle storage areas shall be surfaced with two inches of asphalt on four inches of base, or with an alternative acceptable to the City Engineer. In addition, the interior circulation and parking and layout design shall be subject to the approval of the City Engineer.
ii.
All setbacks shall be landscaped with trees, shrubs and other plant material to the satisfaction of the City Planner. However, in no case shall less than a ten-foot-wide planter along all street frontages and a five-foot-wide planter along all interior lot lines be landscaped as specified above. In addition, three percent of the remainder of the site shall be landscaped with a variety of plant material and in locations throughout the storage area. These areas shall be a minimum dimension in all directions of four feet and bounded by a minimum six-inch concrete or masonry curb. All landscaped areas shall be served by a water irrigation system providing total and effective coverage to all landscaping.
iii.
The storage area shall be screened from all views by a minimum eight-foot-high wall or fence. Said wall or fence shall entirely surround the site and shall observe a minimum setback equal to the required planting areas specified by the previous development standard set out in subparagraph (f)(ii). The decision-making body may impose any additional conditions necessary to mitigate adverse visual affects of the wall or fence.
iv.
On-site visitor and employee parking shall be provided within the storage area at a ratio of one space per every ten thousand square feet of lot area, or as required by the conditional use permit. However, in no case shall less than three on-site visitor/employee parking spaces be provided.
v.
Signing for a recreational vehicle storage area shall be limited to a wall sign with a maximum total area of twenty square feet in all zones. No freestanding signs shall be permitted.
125.
Residential Care Facilities (Serving More Than Six Persons).
a.
Facilities shall comply with all the rules, regulations and standards required by the State Department of Social Services.
b.
Facilities shall meet current California Code of Regulations (Title 24) for occupancy, as defined.
130.
(Reserved)
135.
Residential Uses in the P-M Zone. One-family dwellings, two-family dwellings and multiple-family dwellings or a combination thereof, which serve to house the employees of businesses located in the P-M zone, may be conditionally permitted subject to the following findings:
a.
A planned development permit for the project has been approved, or is approved concurrently with the conditional use permit, by the City Council.
b.
The residential development is an integral part of an industrial park or large industrial use.
c.
The residential development is designed to be compatible with the industrial use it serves by means of landscaping, open space separations, etc.
d.
The industrial development served by the residential development shall provide for convenient and efficient vehicular, bicycle or pedestrian transportation to and from the residential development.
e.
The maximum allowable density for the residential development shall be established by the City Council but in no event shall the density exceed 40 dwelling units per acre.
137.
Shooting Ranges (Indoor).
a.
Applicability. This subsection applies only to privately owned and/or operated indoor shooting ranges that are commercial enterprises open to the public or private groups on a membership basis. It does not apply to governmental facilities which provide training for police and other law enforcement entities.
b.
Location.
i.
Indoor shooting ranges are conditionally permitted within the planned industrial (P-M) zone subject to approval of a conditional use permit.
ii.
Distance Requirements. The establishment of an indoor shooting range shall not be permitted within 600 feet of a school (public or private), public park, day care facility, residential use, residential land use designation, or residential zoning district.
iii.
For the purpose of measuring the distance requirements set forth in subsection (B)(137)(b)(ii) of this section, all distances shall be measured (without regard to intervening structures) in a straight line extended between the nearest property lines of:
(A)
The property on which the indoor shooting range is or will be located;
(B)
The property on which one of the uses/zones/designations specified in subsection (B)(137)(b)(ii) of this section is located; and
(C)
For properties that are approved nonresidential planned developments, distances shall be measured from the parcel owned in common by the owner's association, which constitutes the perimeter property lines.
iv.
The distance requirements in subsection (B)(137)(b)(ii) of this section shall apply to those uses/designations/zones specified in subsection (B)(137)(b)(ii) of this section that:
(A)
Are existing; or
(B)
Have received approval by the city for the use/zone/designation and said approval has not expired or become invalid; or
(C)
Have submitted an application to establish those uses/designations/zones specified in subsection (B)(137)(b)(ii) of this section after the approval of a conditional use permit to establish an indoor shooting range.
v.
Other Location Requirements. Indoor shooting ranges are not permitted within multitenant buildings, and shall only be constructed within a stand-alone building.
c.
General Requirements.
i.
Every indoor shooting range shall be in compliance with the applicable building, zoning, and fire code requirements of the Carlsbad Municipal Code in addition to all other applicable federal, state and local laws.
ii.
The applicant, owner and/or operator shall submit to a criminal background check as part of the conditional use permit application. The criminal background check shall be filed with the Carlsbad Chief of Police or designee in a form approved by the Chief of Police. Clearance from the Carlsbad police department shall be required as part of a complete conditional use permit application for an indoor shooting range. "Owner" means any of the following: (1) the sole proprietor of an indoor shooting range; (2) any general partner of a partnership that owns and operates an indoor shooting range; (3) the owner of a controlling interest in a corporation or L.L.C. that owns and operates an indoor shooting range; or (4) the person designated by the officers of a corporation or the members of an L.L.C. to be the business license holder for an indoor shooting range owned and operated by the corporation. This is an on-going requirement that also applies to all employees of the range and stays in effect after approval of the conditional use permit through the business license requirement.
(A)
The applicant, owner and/or operator shall never have been convicted of any felony.
(B)
The applicant, owner and/or operator shall never have been convicted of a misdemeanor involving a firearm and/or violence.
(C)
The applicant, owner and/or operator shall never have been convicted of a violation of law concerning the manufacture, use, possession, or sale of firearms.
iii.
The applicant shall provide sufficient and substantial evidence that the proposed indoor shooting range is properly designed, constructed and equipped for the discharge of firearms within the facility, to the satisfaction of the building official. The indoor shooting range shall be designed to safely contain bullets within the range portion of the building. Tactical shooting is permitted provided the range design addresses this type of use.
iv.
A minimum of one range safety officer shall be on duty during all operating hours. Range safety officers shall be certified by the National Rifle Association Range Safety Officer Program or equivalent training program (such as law enforcement programs), and shall be responsible for:
(A)
The operation and maintenance of the shooting range.
(B)
Inspection of all firearms and ammunition for proper function and operation.
(C)
Enforcement of safety protocols and the regulations of the indoor shooting range.
(D)
Ensuring that all firearms and ammunition at the indoor shooting range remain securely stored at all times, and in compliance with all applicable laws and regulations.
v.
No other weapons, other than legal firearms, shall be discharged in an indoor shooting range.
vi.
Firearms classified as illegal under state or federal statute, shall not be allowed.
vii.
Firearms or ammunition deemed not safe by the range safety officer shall not be discharged within the indoor shooting range.
viii.
Firearms safety rules and regulations shall be prominently posted in a general area of the facility, and available to all customers of the establishment. Compliance with those regulations shall be monitored and enforced by a range safety officer, employed by the indoor shooting range.
ix.
Indoor shooting ranges shall be permitted to operate during the hours of 8:00 a.m. to 10:00 p.m., unless amended by the conditional use permit.
x.
No person, employee, member, or customer of an indoor shooting range shall be allowed to enter or leave the premises with a loaded firearm, unless permitted by or exempted by state or federal law.
xi.
All firearms shall only be loaded on the firing line under the supervision of the range safety officer, unless permitted by or exempted by state or federal law.
xii.
Illegal drugs or alcohol may not be consumed on the property, nor shall the sale of alcohol be permitted on the property.
xiii.
Individuals deemed by the range safety officer, or other employees of the indoor shooting range, to be under the influence of drugs and/or alcohol and as such present a safety concern, shall be prohibited from utilizing the indoor shooting range.
xiv.
Individuals who the range safety officer, or other employees of the indoor shooting range, believes to pose a threat to themselves or others, shall be prohibited from utilizing the indoor shooting range. The Carlsbad police department shall be contacted immediately if the range safety officer, or an employee, reasonably believes that a person on the premises may be a threat to themselves or others.
xvi.
All persons at the firing line shall wear approved eye and ear protection under the supervision of the range safety officer. All employees of an indoor shooting range shall receive eye and ear protection and shall receive proper training regarding the use of suitable eye and ear protection.
xvii.
The sale and rental of firearms, the proper storage of ammunition, and the sale of accessories onsite are permitted, subject to applicable state and federal laws. All such uses shall be clearly documented and considered as part of the conditional use permit application.
xviii.
The manufacture of ammunition shall not be allowed, except for bullet reloading, unless permitted through the conditional use permit.
xix.
All doors, gates, and entrances between the shooting points and backstop shall be securely locked at all times when a person is engaged in practice shooting.
d.
Safety and Management Plan. A plan with detailed standard operating procedures for safety and conformance with environmental laws shall be submitted with the conditional use permit application and reviewed and approved by the Carlsbad Chief of Police or designee, Public Works Director or designee and City Planner or designee. The plan must be in full compliance with the National Shooting Sports Foundation 5-Star Assessment, or equivalent rating system (if applicable), and/or the NRA Range Source Book: A Guide to Planning and Construction, published by the National Rifle Association, or by an equivalent guidebook (if applicable) deemed comparable by the Carlsbad Chief of Police or designee, Public Works Director or designee and City Planner or designee. Such plan shall include, but not be limited to, the following information:
i.
Plans for the installation and maintenance of interior and exterior surveillance cameras. Cameras shall observe the parking lot, lobby, store, firing lanes, and all general areas within an indoor shooting range and its perimeter. Recordings from the surveillance cameras must be maintained for not less than 30 days and shall be made available to members of the Carlsbad police department upon request.
ii.
Plans for the installation and maintenance of adequate exterior and interior lighting.
iii.
Protocols for the safe display and storage of firearms and ammunition.
iv.
Protocols to ensure open lines of communication exists between an indoor shooting range and Carlsbad police and fire departments. These protocols shall be developed, with cooperation of the Carlsbad police and fire departments.
v.
Protocols to ensure that firearms and ammunition deemed unsafe will not be discharged within the firing line.
vi.
Protocols to ensure access behind the firing line is provided in a safe and controlled manner.
vii.
Any areas of the indoor shooting range used for tactical shooting shall be clearly identified.
viii.
Procedures to prevent suicides within the indoor shooting range.
ix.
Procedures to prevent the theft of rented firearms.
x.
Plans to adequately staff the range with range safety officers.
xi.
An evacuation plan shall be provided.
xii.
Hours of operation.
xiii.
A plan to reduce exposure to hazardous waste, provide clean air and decrease noise for all employees and customers in accordance with the California Division of Occupational Safety and Health and the National Institute for Occupational Safety and Health's (NIOSH) Preventing Occupational Exposure to Lead and Noise at Indoor Shooting Ranges, published by the Centers for Disease Control and Prevention.
xiv.
Disclosure and education regarding lead hazards shall be provided to employees and customers.
xv.
A hazardous waste diversion and disposal plan in accordance with California Department of Toxic Substances Control regulatory standards. The removal of lead, and any waste materials and liquids that are contaminated with lead, must be addressed in this plan. This plan shall also include the recycling of spent lead bullets consistent with applicable state and federal law.
xvi.
Exhaust air ventilated from inside the shooting range out of the building shall be filtered to meet the California Environmental Protection Agency ambient air quality standards for lead.
xvii.
A plan to mitigate noise impacts on the surrounding community shall be provided. An indoor shooting range shall meet a peak event sound level of 65 dB, as measured at the property line. In addition, an indoor shooting range shall not cause the noise within buildings on the same lot or adjacent lots to exceed a peak event sound level of 45 dB. A noise study shall be prepared consistent with the requirements of the Carlsbad Noise Guidelines Manual demonstrating compliance with the noise levels of this requirement.
xviii.
Failure to submit a safety and management plan as required shall be grounds to refuse to accept or automatically deny an application for a conditional use permit. Failure to adequately implement or maintain the safety and management plan and any provision of this ordinance shall be grounds for revocation of the conditional use permit, pursuant to Section 21.42.120.
xix.
Any future revisions or modifications of the safety and management plan must be approved by the Carlsbad Chief of Police or designee, Public Works Director or designee and City Planner or designee. Failure to obtain approval or otherwise disregard, edit, modify, revise or in any way change the safety and management plan on file is grounds for revocation of the conditional use permit, pursuant to Section 21.42.120.
140.
Tattoo Parlors.
a.
No tattoo parlor shall be located within 500 feet of any licensed alcoholic beverage dispensing operation offering said beverages for on-site or off-site consumption.
b.
No tattoo parlor shall be operated in conjunction with nor share any operating space with any other business.
c.
An opening shall be provided through which an unobstructed view of the interior of the premises can be obtained from the exterior of the building.
150.
Thrift Shops.
a.
An application for a conditional use permit shall be referred to the Chief of Police, which application shall be under oath, and shall include, among other things, the true names and addresses of all persons financially interested in the business. The past criminal record, if any, of all persons financially or otherwise interested in the business shall be shown on such application. The term "persons financially interested" shall include the applicant and all persons who share in the profits of the business on the basis of gross or net revenue, including landlords, lessors, lessees and the owner of the building, fixtures or equipment. The application shall also be accompanied by fingerprints of persons financially interested.
The Chief of Police shall make such investigation as is necessary to determine the background of the applicant and other persons financially interested. The Chief of Police shall report to the Planning Commission his or her findings and recommendations as to whether to approve, deny or conditionally approve or deny the conditional use permit in writing within 30 days after the application is submitted. The recommendation of the Police Chief shall be based on the findings and may also be based on his or her judgment of potential enforcement problems and reasons therefor from the proposed establishment. Failure to so report shall be deemed approval of the application. The Planning Commission may deny an application based on the findings and recommendations of the Chief of Police. Charitable organizations shall be specifically exempt from the report provisions of this section. For purposes of this section, a "charitable organization" is one organized for religious, scientific, social, literary, educational, recreational, benevolent, or other purpose not that of pecuniary profit.
b.
No goods shall be taken on a consignment basis.
155.
Time-Share Projects. All projects in residential zones shall be subject to the development standards and design criteria of Chapter 21.45 of this code, while all projects in nonresidential zones shall be subject to the development and design criteria of the underlying zone, except that:
a.
The City Council may reduce the required resident parking down to one parking space per unit, based on the results of a parking study prepared by a registered Traffic Engineer that demonstrates that adequate parking will be provided and the reduction will not adversely affect the neighborhood.
b.
The City Council may waive the storage area requirements of Section 21.45.060 of this title. Any reduction in the storage requirements shall be supported by a finding that the reduction is necessary for the development of the project and will not adversely affect the neighborhood.
c.
If a time-share project on a residentially zoned property is proposed with reduced standards, the applicant shall provide a conversion plan showing how the project can be altered to bring it into conformance with the development standards and design criteria of the planned development ordinance. A conversion shall be approved as and be made a part of the permit for the project.
d.
If a time-share project is proposed in a nonresidential zone, it shall be conditioned to be converted to a hotel use if it cannot be successfully marketed as a time-share project, and shall be subject to all conditions of subsection (B)(155) of this section.
e.
All proposals for time-share projects shall be accompanied by a detailed description of the methods proposed to be employed to guarantee the future adequacy, stability and continuity of a satisfactory level of management and maintenance. A management and maintenance plan shall be approved as and made a part of the permit for the project.
f.
All units in a time-share project shall be time-share units except a permanent on-site management residence unit may be permitted. The maximum time increment for recurrent exclusive use of occupancy of a time-share unit shall be four months. A note indicating this requirement shall be placed on the final map for the project.
g.
In addition to the four mandatory findings required for the issuance of a conditional use permit under Section 21.42.030 of this chapter, the City Council shall find that the time-share project is located in reasonable proximity to an existing resort or public recreational area and, therefore, can financially and geographically function as a successful time-share project and that the project will not be disruptive to existing or future uses in the surrounding neighborhood.
h.
Time-share projects may be allowed in the P-C zone if specified in the master plan for the area in which they will be located and the land use designation for the master plan area in which the proposed time-share project will be located is similar to the R-P, R-3, RD-M, R-T, C-T or C-2 zones.
i.
All of the provisions of this section shall apply to the conversion of an existing structure to a time-share project.
j.
All time-share projects shall be processed in accordance with this section except that subsequent to Planning Commission review, the matter shall be set for public hearing before the City Council. The City Council may approve, conditionally approve or deny the project. The decision of the City Council is final.
k.
A subdivision map filed in accordance with Title 20 of this code shall accompany any application for a time-share project.
160.
Windmills (Exceeding the Height Limit of the Zone). May be conditionally permitted provided the purpose of such windmills is to generate usable electrical or mechanical energy and provided the windmill is architecturally compatible with the other buildings on the site.
165.
Wireless Communication Facilities (WCFs):
a.
Shall comply with City Council policy statement No. 64. An application for a WCF may be processed as a minor conditional use permit, pursuant to this chapter, if it is found to be consistent with the preferred location and the stealth design review and approval guidelines of City Council policy statement No. 64.
b.
WCF conditional use permit applications that do not comply with the preferred location and the stealth design review and approval guidelines of City Council policy statement No. 64 shall be processed as a conditional use permit by process 2.
(Ord. NS-791 § 1, 2006; Ord. CS-164 §§ 10, 14, 2011; Ord. CS-172 § XV, 2012; Ord. CS-178 § LXXIV, 2012; Ord. CS-189 § XLVI, 2012; Ord. CS-191 § XVIII, 2012; Ord. CS-224 §§ XXXVII, XXXVIII, 2013; Ord. CS-249 § XVI, 2014; Ord. CS-290 § 7, 2015; Ord. CS-326 § 9, 2017; Ord. CS-448, 6/6/2023)