22 - CB CENTRAL BUSINESS DISTRICT
The purpose of the CB district is to address the special needs of the city's central business district or commercial core, as designated on the city's official zoning maps. Because of the nature of existing commercial development in this area and the nonstandard configuration of existing lots, special landscaping and parking requirements are needed. The intent of this district is to provide flexibility and reasonable minimum requirements which reflect the special characteristics of the area.
(Ord. 315 § 1 (part), 1981)
The following processes shall govern development of such units in the CB district, in accordance with Chapter 14.72 (Accessory dwelling units and junior accessory dwelling units):
1.
Accessory dwelling units, outside the coastal zone appeals jurisdiction, shall be subject to approval of an administrative coastal development permit.
2.
Accessory dwelling units, within the coastal zone appeals jurisdiction, shall be subject to approval of an administrative coastal development permit, appealable to the California Coastal Commission as provided in Chapter 14.78 (Appeals).
3.
Junior accessory dwelling units shall be subject to issuance of a building permit.
(Ord. 758, § 4, 1-23-2023)
Prior to the issuance of any permit for development in any area zoned or to be rezoned central business district, a development plan shall be submitted, processed, and approved, as provided in Chapter 14.68.
In addition, a development plan shall be required for any change in use within an existing structure that would have one of the following effects:
1.
An increase in the parking requirements specified in Section 14.54.040(2)(b) for commercial uses, e.g., a change from general commercial to a restaurant or medical office; or
2.
An increase in water use to a level that exceeds either the historic level of use or the amount allocated by the city at the time of project approval; or
3.
A reduction in the amount of landscaping that was required at the time of project approval; or
4.
Result in a concentration of certain uses as specified in Section 14.20.070, Nonconcentration of Certain Uses, in which case (and in accordance with CMC 14.20.070 and 14.62.040), a CUP would be required in lieu of the DP.
(Ord. 315 § 1 (part), 1981)
Permitted uses subject to development plan approval and uses permitted by conditional use permit in the central business district are as provided in the commercial planned development district, Sections 14.20.030, 14.20.040 and 14.20.045.
(Ord. 632 § 2 (part), 2008: Ord. 631 § 4 (part), 2008: Ord. 315 § 1 (part), 1981)
Adult-oriented businesses shall be permitted subject to the requirements of Chapter 14.71, Ord. 542 § 2, 1998.
(Ord. 546 § 1, 1998)
1.
In addition to the general parking requirements contained in Chapter 14.54, in the CB zone where the existing development on property does not allow for the provision of the required number of on-site parking spaces, the planning commission may, as provided in Section 14.22.020, review a development plan application requesting a modification to the required number of on-site parking spaces as specified in Chapter 14.54. In order for a modification to a development plan to be approved, the planning commission shall find:
a.
The inability of the property owner to provide on-site parking due to the size, shape, configuration of the property or location of existing structures on the property;
b.
The modification shall not have an adverse impact on the community and on existing businesses;
c.
That the proposed use is as provided in Section 14.22.030;
d.
That all other appropriate standards, requirements, and limitation of this chapter are complied with.
2.
The planning commission shall be authorized to modify with or without conditions the required number of on-site parking spaces specified in Chapter 14.54 upon the findings as set forth in subsection 1 of this section and in setting the conditions of such modification shall consider the following criteria:
a.
Credit for parking allotted to the existing or prior use;
b.
The number and availability of on-street parking spaces immediately fronting the property and in the immediate area;
c.
Provision of a public benefit (e.g., local employment, tax base, and/or retail uses of a community priority);
d.
Cumulative effect of parking modifications or concentration;
e.
The parking standards as specified in Chapter 14.54;
f.
Recording of an agreement by the property owner to waive all rights of protest to a future parking district.
3.
In determining whether to grant the modification, prior to making the findings thereon, the planning commission shall hold at least one public hearing thereon pursuant to Carpinteria Municipal Code Section 14.76.010.
(Ord. 352 § 1, 1983: Ord. 351 § 12(1), 1983; Ord. 315 § 1 (part), 1981)
For existing lots of seven thousand five hundred square feet or less that are legally recorded as of the date of adoption of this title, the minimum landscaping requirement shall be five percent of the net lot area. The planning commission shall increase the minimum landscaping requirement not to exceed twenty percent for lots greater than seven thousand five hundred square feet in size, when it determines that:
1.
A larger landscaping requirement would not deny the applicant a reasonable use of the land; or
2.
Additional landscaping can reasonably be accommodated by the configuration of the lot; or
3.
Increased landscaping is necessary for the type of commercial use proposed.
(Ord. 315 § 1 (part), 1981)
A.
No tobacco retailer license may be issued to authorize a significant tobacco retailer in the city of Carpinteria. However, a significant tobacco retailer in the city operating legally on the date that the ordinance enacting this chapter was first introduced and that otherwise would be entitled to receive a license may receive a license and may continue to operate so long as (1) the license is renewed continually without lapse or revocation; (2) the significant tobacco retailer is not closed for business and does not otherwise suspend tobacco retailing for more than sixty consecutive days; (3) the significant tobacco retailer does not substantially change the business premises or business operation; and (4) the significant tobacco retailer maintains the right to operate under the terms of other applicable laws. If the department determines that a significant tobacco retailer in the city no longer qualifies to continue tobacco retailing under the standards of this section, it shall revoke the license for the significant tobacco retailer in the manner, and subject to the appeal rights specified in Section 8.52.240 of Chapter 8.52, Smoking Regulations of the CMC.
B.
No tobacco retailer license may be issued to authorize tobacco retailing within one thousand feet of a public or private, elementary, middle, junior high or high school, as measured in a straight line from the nearest point on the parcel boundary of an existing or proposed tobacco retailer to the nearest point on the parcel boundary of the nearest school.
C.
A tobacco retailer operating with a valid tobacco retailer license at a location within one thousand feet of a public or private, elementary, middle, junior high or high school, on the operative date of the ordinance codified in this section may continue to operate under their existing tobacco retailer license and under any tobacco retailer license that is timely renewed for that location unless revoked pursuant to Sections 8.52.170(B) and 8.52.240 of Chapter 8.52, Smoking Regulations of the CMC. If a tobacco retailer owns a parcel of real property on the operative date of this ordinance, which is also located within one thousand feet of the same school as their existing tobacco retailer's business, then the tobacco retailer may transfer his or her tobacco retailer license to that property owned by the tobacco retailer, provided that the tobacco retailer does not substantially enlarge the size of the business.
22 - CB CENTRAL BUSINESS DISTRICT
The purpose of the CB district is to address the special needs of the city's central business district or commercial core, as designated on the city's official zoning maps. Because of the nature of existing commercial development in this area and the nonstandard configuration of existing lots, special landscaping and parking requirements are needed. The intent of this district is to provide flexibility and reasonable minimum requirements which reflect the special characteristics of the area.
(Ord. 315 § 1 (part), 1981)
The following processes shall govern development of such units in the CB district, in accordance with Chapter 14.72 (Accessory dwelling units and junior accessory dwelling units):
1.
Accessory dwelling units, outside the coastal zone appeals jurisdiction, shall be subject to approval of an administrative coastal development permit.
2.
Accessory dwelling units, within the coastal zone appeals jurisdiction, shall be subject to approval of an administrative coastal development permit, appealable to the California Coastal Commission as provided in Chapter 14.78 (Appeals).
3.
Junior accessory dwelling units shall be subject to issuance of a building permit.
(Ord. 758, § 4, 1-23-2023)
Prior to the issuance of any permit for development in any area zoned or to be rezoned central business district, a development plan shall be submitted, processed, and approved, as provided in Chapter 14.68.
In addition, a development plan shall be required for any change in use within an existing structure that would have one of the following effects:
1.
An increase in the parking requirements specified in Section 14.54.040(2)(b) for commercial uses, e.g., a change from general commercial to a restaurant or medical office; or
2.
An increase in water use to a level that exceeds either the historic level of use or the amount allocated by the city at the time of project approval; or
3.
A reduction in the amount of landscaping that was required at the time of project approval; or
4.
Result in a concentration of certain uses as specified in Section 14.20.070, Nonconcentration of Certain Uses, in which case (and in accordance with CMC 14.20.070 and 14.62.040), a CUP would be required in lieu of the DP.
(Ord. 315 § 1 (part), 1981)
Permitted uses subject to development plan approval and uses permitted by conditional use permit in the central business district are as provided in the commercial planned development district, Sections 14.20.030, 14.20.040 and 14.20.045.
(Ord. 632 § 2 (part), 2008: Ord. 631 § 4 (part), 2008: Ord. 315 § 1 (part), 1981)
Adult-oriented businesses shall be permitted subject to the requirements of Chapter 14.71, Ord. 542 § 2, 1998.
(Ord. 546 § 1, 1998)
1.
In addition to the general parking requirements contained in Chapter 14.54, in the CB zone where the existing development on property does not allow for the provision of the required number of on-site parking spaces, the planning commission may, as provided in Section 14.22.020, review a development plan application requesting a modification to the required number of on-site parking spaces as specified in Chapter 14.54. In order for a modification to a development plan to be approved, the planning commission shall find:
a.
The inability of the property owner to provide on-site parking due to the size, shape, configuration of the property or location of existing structures on the property;
b.
The modification shall not have an adverse impact on the community and on existing businesses;
c.
That the proposed use is as provided in Section 14.22.030;
d.
That all other appropriate standards, requirements, and limitation of this chapter are complied with.
2.
The planning commission shall be authorized to modify with or without conditions the required number of on-site parking spaces specified in Chapter 14.54 upon the findings as set forth in subsection 1 of this section and in setting the conditions of such modification shall consider the following criteria:
a.
Credit for parking allotted to the existing or prior use;
b.
The number and availability of on-street parking spaces immediately fronting the property and in the immediate area;
c.
Provision of a public benefit (e.g., local employment, tax base, and/or retail uses of a community priority);
d.
Cumulative effect of parking modifications or concentration;
e.
The parking standards as specified in Chapter 14.54;
f.
Recording of an agreement by the property owner to waive all rights of protest to a future parking district.
3.
In determining whether to grant the modification, prior to making the findings thereon, the planning commission shall hold at least one public hearing thereon pursuant to Carpinteria Municipal Code Section 14.76.010.
(Ord. 352 § 1, 1983: Ord. 351 § 12(1), 1983; Ord. 315 § 1 (part), 1981)
For existing lots of seven thousand five hundred square feet or less that are legally recorded as of the date of adoption of this title, the minimum landscaping requirement shall be five percent of the net lot area. The planning commission shall increase the minimum landscaping requirement not to exceed twenty percent for lots greater than seven thousand five hundred square feet in size, when it determines that:
1.
A larger landscaping requirement would not deny the applicant a reasonable use of the land; or
2.
Additional landscaping can reasonably be accommodated by the configuration of the lot; or
3.
Increased landscaping is necessary for the type of commercial use proposed.
(Ord. 315 § 1 (part), 1981)
A.
No tobacco retailer license may be issued to authorize a significant tobacco retailer in the city of Carpinteria. However, a significant tobacco retailer in the city operating legally on the date that the ordinance enacting this chapter was first introduced and that otherwise would be entitled to receive a license may receive a license and may continue to operate so long as (1) the license is renewed continually without lapse or revocation; (2) the significant tobacco retailer is not closed for business and does not otherwise suspend tobacco retailing for more than sixty consecutive days; (3) the significant tobacco retailer does not substantially change the business premises or business operation; and (4) the significant tobacco retailer maintains the right to operate under the terms of other applicable laws. If the department determines that a significant tobacco retailer in the city no longer qualifies to continue tobacco retailing under the standards of this section, it shall revoke the license for the significant tobacco retailer in the manner, and subject to the appeal rights specified in Section 8.52.240 of Chapter 8.52, Smoking Regulations of the CMC.
B.
No tobacco retailer license may be issued to authorize tobacco retailing within one thousand feet of a public or private, elementary, middle, junior high or high school, as measured in a straight line from the nearest point on the parcel boundary of an existing or proposed tobacco retailer to the nearest point on the parcel boundary of the nearest school.
C.
A tobacco retailer operating with a valid tobacco retailer license at a location within one thousand feet of a public or private, elementary, middle, junior high or high school, on the operative date of the ordinance codified in this section may continue to operate under their existing tobacco retailer license and under any tobacco retailer license that is timely renewed for that location unless revoked pursuant to Sections 8.52.170(B) and 8.52.240 of Chapter 8.52, Smoking Regulations of the CMC. If a tobacco retailer owns a parcel of real property on the operative date of this ordinance, which is also located within one thousand feet of the same school as their existing tobacco retailer's business, then the tobacco retailer may transfer his or her tobacco retailer license to that property owned by the tobacco retailer, provided that the tobacco retailer does not substantially enlarge the size of the business.