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)
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)
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))
|
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2
|
|
|
Greenhouses > 2,000 square feet (subject to Section 21.42.140(B)(70))
|
|
1
|
|
|
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)
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)
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)
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)
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 residential care facilities (serving
six or fewer persons), 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)
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)
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)
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)
