Note: Prior ordinance history: Ord. Nos. 1256, 1261, 9060, 9216, and 9674.
The intent and purpose of this chapter is to accomplish the following:
(1) 
Allow the location of business and light industries engaged primarily in research and/or testing, compatible light manufacturing, and business and professional offices; allow certain commercial/ retail uses which cater to, support, or are accessory to the uses allowed in this zone; and allow flexibility for other select uses (i.e., athletic clubs/gyms, churches, daycare centers, recreation facilities, etc.) when found to be compatible with the P-M zone through the issuance of a conditional use permit;
(2) 
Promote an attractive and high-quality design in developments which upgrades the city's natural environment and identity;
(3) 
Provide for the phasing of development which is coordinated with the development of public improvements and services;
(4) 
Encourage reduced energy consumption by building design and by allowing, in certain cases, compatible residential development which provides housing for employees of this zone;
(5) 
Provide for alternative transportation modes for employees of this zone by a combination of bus facilities, ride-share programs, and pedestrian and bicycle circulation systems.
(Ord. 9693 § 1, 1983; Ord. CS-224 § XXXI, 2013; Ord. CS-225 § X, 2013)
A. 
In a P-M zone, notwithstanding any other provision of this title, only the uses listed in Table A, below, shall be permitted, subject to the requirements and development standards specified by this chapter, and subject to the provisions of Chapter 21.44 of this title governing off-street parking requirements.
B. 
The uses permitted by conditional use permit, as indicated in Table A, shall be subject to the provisions of Chapter 21.42 of this title.
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 the 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 P-M 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
Permitted Uses
In the table, below, subject to all applicable permitting and development requirements of the municipal code: "P" indicates use is permitted. (See note 2 below)
"CUP" indicates use is permitted with approval of a conditional use permit. (See note 2 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 uses and structures where related and incidental to a permitted use
 
 
X
Accountants (see note 1 below)
X
 
 
Administrative offices associated with and accessory to a permitted use
X
 
 
Administrative offices (see note 1 below)
X
 
 
Adult businesses (subject to Chapters 8.60 and 21.43)
X
 
 
Advertising agencies (see note 1 below)
X
 
 
Advertising—direct mail (see note 1 below)
X
 
 
Agricultural consultants (see note 1 below)
X
 
 
Air courier service (see note 1 below)
X
 
 
Airlines offices, general offices (see note 1 below)
X
 
 
Airports
 
3
 
Alcoholic treatment centers
 
2
 
Answering bureaus (see note 1 below)
X
 
 
Appraisers (see note 1 below)
X
 
 
Aquaculture (defined: Section 21.04.036)
 
1
 
Aquaculture stands (display/sale) (subject to Section 21.42.140(B)(10))
 
1
 
Arbitrators (see note 1 below)
X
 
 
Architect design and planners (see note 1 below)
X
 
 
Athletic clubs, gymnasiums, health clubs, and physical conditioning businesses
 
1
 
Attorney (no legal clinics) (see note 1 below)
X
 
 
Attorney services (see note 1 below)
X
 
 
Audio-visual services (see note 1 below)
X
 
 
Auto repair (subject to Section 21.42.140(B)(17))
 
1
 
Auto storage/impound yards (i.e., overnight product storage) (subject to Section 21.42.140(B)(18))
 
1
 
Auto wrecking yards (defined: Section 21.04.040)
 
2
 
Banks and other financial institutions without drive-thru facilities
X
 
 
Billing service (see note 1 below)
X
 
 
Biological habitat preserve (subject to Section 21.42.140(B)(30); defined: Section 21.04.048)
 
2
 
Blueprinters (see note 1 below)
X
 
 
Book printing and publishing
X
 
 
Bookbinding
X
 
 
Bookkeeping service (see note 1 below)
X
 
 
Breweries
X
 
 
Breweries with retail accessory use, including tasting rooms, up to 20% of the gross floor area of the building or suite (as applicable) or 2,000 square feet, whichever is less (see note 3 below)
 
3
 
Building designers (see note 1 below)
X
 
 
Building inspection service (see note 1 below)
X
 
 
Burglar alarm systems (see note 1 below)
X
 
 
Business consultants (see note 1 below)
X
 
 
Business offices for professional and labor organizations (see note 1 below)
X
 
 
Child day care center (subject to Chapter 21.83) (defined: Section 21.04.086) (see note 5 below)
 
2
 
Churches, synagogues, temples, convents, monasteries, and other places of worship
 
2
 
Civil engineers (see note 1 below)
X
 
 
Clubs—nonprofit, business, civic, professional, etc. (defined: Section 21.04.090)
 
1
 
Collection agencies (see note 1 below)
X
 
 
Columbariums, crematories, and mausoleums (not within a cemetery)
 
2
 
Commercial artists (see note 1 below)
X
 
 
Commodity brokers (see note 1 below)
X
 
 
Communications consultants (see note 1 below)
X
 
 
Computer programmers (see note 1 below)
X
 
 
Computer service (time-sharing)
X
 
 
Computer systems (see note 1 below)
X
 
 
Construction manager (see note 1 below)
X
 
 
Corporate headquarters office (see note 1 below)
X
 
 
Corporate travel agencies and bureaus (see note 1 below)
X
 
 
Credit rating service (see note 1 below)
X
 
 
Data communication service (see note 1 below)
X
 
 
Data processing service (see note 1 below)
X
 
 
Data systems consultants (see note 1 below)
X
 
 
Delicatessen (defined: Section 21.04.106)
X
 
 
Diamond and gold brokers (see note 1 below)
X
 
 
Display designers (see note 1 below)
X
 
 
Display services (see note 1 below)
X
 
 
Drafting services (see note 1 below)
X
 
 
Drive-thru facilities (excluding restaurants)
 
1
 
Economics research (see note 1 below)
X
 
 
Educational consultants (see note 1 below)
X
 
 
Educational facilities, other (defined: Section 21.04.137)
 
1
 
Educational institutions or schools, public/private (defined: Section 21.04.140) (see note 5 below)
 
2
 
Educational research (see note 1 below)
X
 
 
Electric contractors (sales and administrative offices only) (see note 1 below)
X
 
 
Electronics consultants (see note 1 below)
X
 
 
Emergency shelter, more than 30 beds or persons (subject to Section 21.32.070) (defined Section 21.04.140.5)
 
3
 
Emergency shelter, no more than 30 beds or persons (subject to Section 21.32.070) (defined Section 21.04.140.5)
X
 
 
Energy management consultants (see note 1 below)
X
 
 
Engineering offices (see note 1 below)
X
 
 
Environmental services (see note 1 below)
X
 
 
Escrow service (see note 1 below)
X
 
 
Estimators (see note 1 below)
X
 
 
Executive recruiting consultants (see note 1 below)
X
 
 
Executive search office (see note 1 below)
X
 
 
Executive training consultants (see note 1 below)
X
 
 
Export consultants (see note 1 below)
X
 
 
Fairgrounds
 
3
 
Farmworker housing complex, small (subject to Section 21.10.125) (defined: Section 21.04.148.4)
 
1
 
Financial planners and consultants (see note 1 below)
X
 
 
Fire protection consultants (see note 1 below)
X
 
 
Foreclosure assistance (see note 1 below)
X
 
 
Foundation-educational research (see note 1 below)
X
 
 
Franchise services (see note 1 below)
X
 
 
Fund-raising counselors (see note 1 below)
X
 
 
Gas stations (subject to Section 21.42.140(B)(65))
 
2
 
Gemologists (see note 1 below)
X
 
 
General contractors (no equipment storage permitted) (see note 1 below)
X
 
 
Geophysicists (see note 1 below)
X
 
 
Government contract consultants (see note 1 below)
X
 
 
Government facilities and offices
X
 
 
Governmental agencies (general and administrative offices only) (see note 1 below)
X
 
 
Graphics designers (see note 1 below)
X
 
 
Greenhouses > 2,000 square feet (subject to Section 21.42.140(B)(70))
 
1
 
Hazardous waste facility (subject to Section 21.42.140(B)(75); defined: Section 21.04.167)
 
3
 
Hospitals (defined: Section 21.04.170)
 
2
 
Hospitals (mental) (defined: Section 21.04.175)
 
2
 
Hotels and motels (subject to Section 21.42.140(B)(80))
 
3
 
Human factors research and development (see note 1 below)
X
 
 
Human services organization (administrative offices only) (see note 1 below)
X
 
 
Importers (see note 1 below)
X
 
 
Incorporating agency (see note 1 below)
X
 
 
Industrial medical (workers comp.) (see note 1 below)
X
 
 
Information bureaus (see note 1 below)
X
 
 
Insurance companies (administrative offices only) (see note 1 below)
X
 
 
Interior decorators and designers (no merchandise storage permitted) (see note 1 below)
X
 
 
Investigators (see note 1 below)
X
 
 
Investment advisory (see note 1 below)
X
 
 
Investment securities
X
 
 
Kennels (defined: Section 21.04.195)
 
1
 
Labor relations consultants (see note 1 below)
X
 
 
Leasing services (see note 1 below)
X
 
 
Lecture bureaus (see note 1 below)
X
 
 
Literary agents (see note 1 below)
X
 
 
Magazine subscription agents (see note 1 below)
X
 
 
Mailing list service (see note 1 below)
X
 
 
Management consultants (see note 1 below)
X
 
 
Manufacturers agents (see note 1 below)
X
 
 
Manufacturing and processing facilities
X
 
 
Marketing research and analysis (see note 1 below)
X
 
 
Message receiving service (see note 1 below)
X
 
 
Mini-warehouses/self storage
 
2
 
Mobile buildings (subject to Section 21.42.140(B)(90); defined: Section 21.04.265)
 
1
 
Mutual funds (see note 1 below)
X
 
 
Newspaper/periodical printing and publishing
X
 
 
Oil and gas facilities (on-shore) (subject to Section 21.42.140(B)(95))
 
3
 
On-site recreational facilities intended for the use of employees of the planned industrial zone
X
 
 
Outdoor dining (incidental) (subject to Section 21.26.013; defined: Section 21.04.290.1)
 
 
X
Packing/sorting sheds > 600 square feet (subject to Section 21.42.140(B)(70))
 
1
 
Parking facilities (primary use) (i.e., day use, short-term, nonstorage)
 
1
 
Patent searchers (see note 1 below)
X
 
 
Pension and profit sharing plans (see note 1 below)
X
 
 
Personal service bureau (see note 1 below)
X
 
 
Photographic (industrial and commercial only) (see note 1 below)
X
 
 
Printing services (see note 1 below)
X
 
 
Product development and marketing (see note 1 below)
X
 
 
Public meeting halls, exhibit halls, and museums
 
2
 
Public relations services (see note 1 below)
X
 
 
Public utility companies (see note 1 below)
X
 
 
Public/quasi-public buildings and facilities and accessory utility buildings/facilities (defined: Section 21.04.297)
 
2
 
Publicity services (see note 1 below)
X
 
 
Publishers representatives (see note 1 below)
X
 
 
Racetracks
 
3
 
Radio communications (see note 1 below)
X
 
 
Radio/television/microwave/broadcast tower
 
2
 
Real estate brokers (commercial and industrial only) (see note 1 below)
X
 
 
Real estate developers (see note 1 below)
X
 
 
Recording service (see note 1 below)
X
 
 
Recreation facilities
 
1
 
Recreational vehicle storage (subject to Section 21.42.140(B)(120); defined: Section 21.04.299)
 
1
 
Recycling collection facilities, large (subject to Chapter 21.105 of this title) (defined: Section 21.105.015)
 
2
 
Recycling collection facilities, small (subject to Chapter 21.105 of this title) (defined: Section 21.105.015)
 
1
 
Recycling process/transfer facility
 
2
 
Relocation service (see note 1 below)
X
 
 
Repossessing service (see note 1 below)
X
 
 
Research and testing facilities
X
 
 
Research labs (see note 1 below)
X
 
 
Residential uses in P-M Zone (subject to Section 21.42.140(B)(135)) (see note 5 below)
 
3
 
Restaurants (bona fide public eating establishment; defined: Section 21.04.056)
 
1
 
Retail, accessory use, including tasting/sampling rooms, showrooms, miscellaneous retail, up to 20% of the gross floor area of the building or suite (as applicable) or 2,000 square feet, whichever is less (see note 3 below)
 
1
 
Retail, primary use (see note 4 below)
 
2
 
Retirement planning consultants (see note 1 below)
X
 
 
Safety consultants (see note 1 below)
X
 
 
Sales training and counseling (see note 1 below)
X
 
 
Satellite antennae (>1 per use) (defined: Section 21.04.302)
 
1
 
Satellite television antennae (subject to Section 21.53.130—21.53.150; defined: Section 21.04.302)
 
 
X
Searchers of records (see note 1 below)
X
 
 
Securities systems (see note 1 below)
X
 
 
Security firms (see note 1 below)
X
 
 
Shooting ranges (indoor), subject to Section 21.42.140(B)(137)
 
3
 
Signs (subject to Chapter 21.41)
 
 
X
Sound system consultants (see note 1 below)
X
 
 
Space planning consultants (see note 1 below)
X
 
 
Space research and developments (see note 1 below)
X
 
 
Stadiums
 
3
 
Stock and bond brokers (see note 1 below)
X
 
 
Storage, wholesale, and distribution facilities
X
 
 
Surveyors (see note 1 below)
X
 
 
Tax service and consultants (see note 1 below)
X
 
 
Telephone cable companies (see note 1 below)
X
 
 
Telephone systems (see note 1 below)
X
 
 
Title companies (see note 1 below)
X
 
 
Tour operators (see note 1 below)
X
 
 
Trademark consultants (see note 1 below)
X
 
 
Transit passenger terminals (bus and train)
 
2
 
Translators and interpreters (see note 1 below)
X
 
 
Trust companies (see note 1 below)
X
 
 
Veterinary clinic/animal hospital (small animals) (defined: Section 21.04.378)
 
1
 
Windmills (exceeding height limit of zone) (subject to Section 21.42.140(B)(160))
 
2
 
Wireless communication facilities (subject to Section 21.42.140(B)(165); defined: Section 21.04.379)
 
1 / 2
 
Notes:
1.
Business and professional offices which are primarily not retail in nature and are compatible with the industrial uses in the vicinity.
2.
Any use meeting the definition of an entertainment establishment, as defined in Section 8.09.020 of this code, shall be subject to the requirements of CMC Chapter 8.09.
3.
The retail use shall be accessory to the permitted use and wholly contained within the building. All products for retail sale shall be produced, distributed, and/or warehoused on the premises. No outdoor display of merchandise or retail sales shall be permitted unless customarily conducted in the open. Parking for the accessory retail use shall be determined based on the parking requirement for the primary use pursuant to CMC Chapter 21.44.
4.
A primary retail use shall cater to or support the industrial and office uses in the P-M zone.
5.
Subject uses shall comply with the distance requirements in Section 21.42.140(B)(137).
(Ord. 9693 § 1, 1983; Ord. 9785 § 21, 1986; Ord. 9804 § 6, 1986; Ord. NS-87 § 5, 1989; Ord. NS-675 § 76, 2003; Ord. NS-791 § 26, 2006; Ord. CS-063 § V, 2009; Ord. CS-102 § LXXVIII, LXXIX, 2010; Ord. CS-164 § 10, 2011; Ord. CS-189 §§ XXXIX, XL, 2012; Ord. CS-190 § VI, 2012; Ord. CS-224 § XXXII, 2013; Ord. CS-225 §§ XI, XII, 2013; Ord. CS-290 §§ 4, 5, 2015; Ord. CS-326 §§ 7, 8, 2017)
A. 
No development in the P-M zone shall be done without first obtaining approval of a minor site development plan processed in accordance with the provisions of Chapter 21.06 of this title; except that notice of the application for a minor site development plan, required pursuant to Section 21.06.060 of this title, shall not be required for development in the P-M zone, unless the application includes a request to exceed the permitted building height pursuant to Section 21.34.070.A of this chapter.
B. 
If the applicant contemplates the construction of the project in phases, the minor site development plan application shall so state and shall include a proposed phasing schedule.
(Ord. 9693 § 1, 1983; Ord. 9758 § 6, 1985; Ord. NS-675 §§ 31, 32, 76, 2003; Ord. CS-164 § 10, 2011; Ord. CS-178 § XXXV, 2012)
All industrial projects shall comply with the following development standards:
A. 
Building Height.
1. 
Except as otherwise provided in this section, no building in the P-M 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. 
Building height above thirty-five feet may be permitted subject to the following:
a. 
Building height up to a maximum of forty-five feet may be permitted through approval of a minor site development plan processed in accordance with the provisions of Chapter 21.06 of this title, provided that:
i. 
The project complies with the provisions of subsection A.2.c of this section; and
ii. 
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 makes the specific findings that the protruding architectural features:
(A) 
Do not function to provide usable floor area;
(B) 
Do not accommodate and/or screen building equipment;
(C) 
Do not adversely impact adjacent properties; and
(D) 
Are necessary to ensure a building's design excellence.
b. 
Building height above forty-five feet may be permitted through approval of a site development plan processed in accordance with the provisions of Chapter 21.06 of this title, provided that:
i. 
The project complies with the provisions of subsection A.2.c of this section.
ii. 
The allowed height protrusions as described in Section 21.46.020 do not exceed the height authorized by the decision-making authority.
iii. 
The decision-making authority finds that:
(A) 
The height of the building(s) will not adversely affect surrounding properties; and
(B) 
The building(s) will not be unduly disproportional to other buildings in the area.
c. 
All required setbacks shall be increased at a ratio of one horizontal foot for every one foot of vertical construction beyond thirty-five feet. The additional setback area shall be maintained as landscaped open space.
B. 
Setbacks.
1. 
Front Yard and Side Street Yard on Prime, Major and Secondary Streets. Every lot in the P-M zone that has a front yard or side street yard facing on a prime, major or secondary street shall have a minimum setback of fifty feet. This setback shall be measured from the right-of-way line. This setback shall be entirely landscaped and irrigated; however, upon approval of the City Planner, the landscaped portion of the setback may be reduced to thirty-five feet to accommodate a driveway along the portion of the setback farthest from the right-of-way or private street. Any driveway within the front yard setback shall be screened from the public or private street by a mixture of mounding and landscaping to the satisfaction of the City Planner.
2. 
Front Yard and Street Side Yard on Collector, Local and Private Streets. Every lot in the P-M zone that has a front yard or side street yard facing on a collector, local or private street shall have an average setback of thirty-five feet; however, the setback shall not be less than twenty-five feet. This setback shall be entirely landscaped and irrigated and shall be measured from the right-of-way line or, in the case of a private street, from the curb line.
3. 
Side Yard—Interior. All interior side yards shall have a minimum setback of ten feet which shall be entirely landscaped and irrigated.
4. 
Rear Yard. The rear yard setback shall be a minimum of twenty feet of which at least ten feet adjacent to the rear property line shall be entirely landscaped and irrigated.
5. 
Walls and Fences. A wall or fence located in any part of a required setback area shall not exceed six feet in height. A wall or fence located in any required front setback or side street area shall not exceed thirty-six inches in height.
6. 
Landscaping in Parking Areas. A minimum of ten percent of the required parking area, inclusive of driveways, shall be landscaped subject to the approval of the City Planner. Landscaping in the building setback areas shall not count towards meeting this requirement.
7. 
Minimum Lot Area. Except for developments proposed as condominiums or planned unit developments, each lot shall have a minimum lot area of one acre. However, the decision-making authority for the subdivision map may permit a reduction in the minimum lot area requirement if it is found that the reduced lot area is necessary for the development of a comprehensively planned project requiring a minor site development plan pursuant to this chapter and that the reduction of the lot area does not create adverse impacts to surrounding properties.
8. 
Lot Coverage. All buildings, including accessory building structures, shall cover not more than fifty percent of the area of a lot. Open parking areas shall not be counted in determining lot coverage.
9. 
Private Streets. Private streets may be permitted within a project requiring a minor site development plan pursuant to this chapter provided their width and geometric design are related to the function, topography and needs of the development, and their structural design, pavement and construction comply with the requirement of the city's street improvement standards and further provided that the permit is processed concurrently with a subdivision map. The width of private streets shall not be less than the minimum standards of this subsection. Pavement between curbs of private streets shall not be less than the following:
Type of Street
Minimum Width Curb to Curb
2 lanes, no parking
32 feet
2 lanes, parking one side
42 feet
2 lanes, parking on both sides
52 feet
C. 
Employee Eating Areas. Outdoor eating facilities for employees shall be provided outside all industrial/office buildings containing more than five thousand square feet, as follows, except as noted below:
1. 
A minimum of three hundred square feet of outdoor eating facilities shall be provided for each five thousand square feet of building area. Credit towards the required amount of square footage will be given for indoor eating facilities on a 1:1 basis, as determined by the City Planner.
2. 
The area shall be easily accessible to the employees of the building.
3. 
The area shall be located such that a sense of privacy is apparent.
4. 
The area shall be landscaped and provided with attractive outdoor furniture, i.e., metal, wood, or concrete picnic tables, benches/chairs and trash receptacles.
5. 
The site size, location, landscaping and furniture required above shall be approved as part of the required minor site development plan required under this title. If no discretionary permit is required, a site plan showing the location, landscaping and facilities required above shall be submitted to the City Planner for approval prior to the issuance of any building permits.
6. 
This section shall not apply to industrial/office buildings which are located within one thousand feet of an approved mini-park or a city park which is accessible by walking as determined by the City Planner.
(Ord. 9693 § 1, 1983; Ord. 9786 § 1, 1986; Ord. NS-180 § 23, 1991; Ord. NS-240 § 8, 1993; Ord. NS-675 § 76, 2003; Ord. CS-164 § 10, 2011; Ord. CS-178 § XXXVII, 2012)
All industrial projects shall comply with the following design criteria:
1. 
The overall plan shall be comprehensive, imaginative and innovative, embracing land, buildings, landscaping and their relationships, and shall conform to adopted plans of all governmental agencies for the area in which the proposed development is located.
2. 
The plan shall provide for adequate open space, circulation, off-street parking and other pertinent amenities. Buildings, structures and facilities in the parcel shall be well integrated, oriented and related to the topographic and natural landscape features of the site.
3. 
The proposed development shall be compatible with existing and planned surrounding land uses and with circulation patterns on adjoining properties. It shall not constitute a disruptive element to the community.
4. 
The internal street system shall not be a dominant feature in the overall design; rather, it should be designed for the efficient and safe flow of vehicles without creating a disruptive influence on the activity and function of the development.
5. 
The design of buildings and surrounding environment shall be architecturally integrated and compatible with each other.
6. 
Screening walls for storage spaces, loading areas and equipment shall be architecturally integrated with the surrounding building design.
7. 
Building placement shall be designed to create opportunities for plazas or other landscaped open spaces within the project.
(Ord. 9693 § 1, 1983)
All industrial uses shall comply with the following performance standards:
1. 
The maximum allowable exterior noise level of any use shall not exceed 65 Ldn as measured at the property line. For properties that are approved nonresidential planned developments, the exterior noise level shall be measured from the parcel owned in common by the owner's association, which constitutes the perimeter property lines. Where a property is occupied by more than one use (whether within the same building or in separate buildings), the noise level shall not be in excess of 45 Ldn as measured within the interior space of the neighboring establishment. Noise caused by motor vehicles traveling to and from the site are exempt from this standard.
2. 
All uses shall be operated so as not to emit matter causing unpleasant odors which are perceptible to the average person while within or beyond the lot containing such uses.
3. 
All uses shall be so operated as not to generate vibration discernible without instruments by the average person while on or beyond the lot upon which the source is located or within an adjoining enclosed space if more than one establishment occupies a structure. Vibration caused by motor vehicles, trains and temporary construction is exempted from this standard.
4. 
All uses shall be operated so as not to produce humidity, heat, glare or high-intensity illumination which is perceptible without instruments by the average person while on or beyond the lot containing the use.
5. 
All uses shall meet the air quality standards of the San Diego County Air Quality Control Board (AQCB). In addition, all uses shall be operated so as not to emit particulate matter or air contaminants which are readily detectable without instruments by the average person while on the lot containing such uses.
6. 
All manufacturing, assembling, compounding, fabrication, packaging, processing and treating operations shall be conducted entirely within an enclosed building.
7. 
All outdoor storage, including equipment, shall be completely enclosed by a solid decorative concrete or masonry wall not less than six feet in height. Any such wall shall be architecturally compatible with the main buildings on the site and shall screen the stored materials from the view of industrially zoned adjoining properties and public streets. If complete visual screening of stored materials is not possible, trees and other plant materials shall be used. Any walls or landscaping used for screening purposes shall be subject to the approval of the City Planner.
Outdoor storage shall not be allowed adjacent to non-industrially zoned properties.
8. 
All discharge of industrial waste shall be in conformity with the provisions of Chapter 13.16 of this code, as amended.
(Ord. 9693 § 1, 1983; Ord. NS-675 § 76, 2003; Ord. CS-164 § 10, 2011; Ord. CS-290 § 6, 2015)
Building permits for construction within any planned industrial development shall not be issued until a final subdivision map or parcel map has been recorded for the property. A final map which deviates from the conditions imposed by the permit shall not be approved.
(Ord. 9693 § 1, 1983)
A. 
For applications that have filed a parcel map or tentative map concurrent with a minor site development plan required pursuant to this chapter, a final planned industrial development plan shall be submitted to and approved by the City Planner prior to the recordation of the final map.
B. 
For applications that have not filed a parcel map or tentative map concurrent with a minor site development plan required pursuant to this chapter, a final planned industrial development plan shall be submitted to and approved by the City Planner prior to the issuance of any building permits.
C. 
The final planned industrial development plan shall reflect all required revisions and refinements. The final planned industrial development plan shall include:
1. 
Improvement plans for private streets, water, sewerage and drainage systems, walkways, fire hydrants, parking areas and storage areas. The plan shall include any off-site work necessary for proper access, or for the proper operation of water, sewerage or drainage system;
2. 
A final grading plan;
3. 
Final elevation plans;
4. 
A final landscaping plan including methods of soil preparation, plant types, sizes and location, and irrigation system plans showing location, dimensions and types; and
5. 
A plan for lighting of streets, driveways and parking areas.
D. 
Where a development requiring a minor site development plan pursuant to this chapter contains any land or improvements proposed to be held in common ownership, the applicant shall submit a declaration of covenants, conditions and restrictions with the final planned industrial development plan. Such declaration shall set forth provisions for maintenance of all common areas, payment of taxes and all other privileges and responsibilities of the common ownership and shall be reviewed by and subject to approval by the City Planner and City Attorney.
E. 
A final planned industrial development plan may be submitted for a portion of the development, provided the City Planner approves the construction phases as part of the permit and provided that the phases are consistent with any subdivision map filed on the property. The plan for the first portion must be submitted within the time limits of this section. Subsequent units may be submitted at later dates in accord with the approved phasing schedule.
F. 
The City Planner shall review the plan for conformity to the requirements of this chapter and the minor site development plan. If the City Planner finds the plan to be in substantial conformance with all such requirements, the City Planner shall approve the plan.
(Ord. 9693 § 1, 1983; Ord. NS-675 §§ 76, 2003; Ord. CS-164 § 10, 2011; Ord. CS-178 § XXXIX, 2012)
A certification of occupancy shall not be issued for any structure requiring a minor site development plan pursuant to this chapter until all improvements required by the minor site development plan have been completed to the satisfaction of the City Engineer, City Planner and the Community and Economic Development Director.
(Ord. 9693 § 1, 1983; Ord. NS-675 §§ 76, 79, 2003; Ord. CS-164 §§ 10, 14, 2011; Ord. CS-178 § XL, 2012)
All private streets, walkways, parking areas, landscaped areas, storage areas, screening, sewers, drainage facilities, utilities, open space and other improvements not dedicated to public use shall be maintained by the property owners or as otherwise approved by the City Council. Provisions acceptable to the city shall be made for the preservation and maintenance of all such improvements prior to the issuance of building permits.
(Ord. 9693 § 1, 1983)
A. 
All commonly owned land, improvements and facilities shall be preserved and maintained in a safe condition and in a state of good repair. Any failure to so maintain is unlawful and a public nuisance endangering the health, safety and general welfare of the public and a detriment to the surrounding community.
B. 
In addition to any other remedy provided by law for the abatement, removal and enjoinment of such public nuisance, the City Engineer may, after giving notice, cause the necessary work of maintenance or repair to be done. The costs thereof shall be assessed against the owner or owners of the project.
C. 
The notice shall be in writing and mailed to all persons whose names appear on the last equalized assessment roll as owners of real property within the project at the address shown on the assessment roll. Notice shall also be sent to any person known to the City Engineer to be responsible for the maintenance or repair of the common areas and facilities of the project under an indenture or agreement. The City Engineer shall also cause at least one copy of such notice to be posted in a conspicuous place on the premises. No assessment shall be held invalid for failure to post or mail or correctly address any notice.
D. 
The notice shall particularly specify the work required to be done and shall state that if the work is not commenced within five days after receipt of such notice and diligently and without interruption prosecuted to completion, the city shall cause such work to be done, in which the case the cost and expense of such work, including incidental expenses incurred by the city, will be assessed against the property or against each separate lot and become a lien upon such property.
E. 
If upon the expiration of the five-day period provided for in subsection D of this section the work has not been done or, having been commenced, is not being performed with diligence, the City Engineer shall proceed to do such work or cause such work to be done. Upon completion of such work, the City Engineer shall file a written report with the City Council setting forth the fact that the work has been completed and the cost thereof, together with a legal description of the property, against which cost is to be assessed. The City Council shall thereupon fix a time and place for hearing protests against which the cost is to be assessed and against the assessment of the cost of such work. The City Engineer or the City Clerk, if so directed by the council, shall thereafter give notice in writing to the owners of the project in the manner provided in subsection C of this section of the hour and place that the City Council will pass upon the City Engineer's report and will hear protests against the assessments. Such notice shall also set forth the amount of the proposed assessment.
F. 
Upon the date and hour set for the hearing of protests, the City Council shall hear and consider the City Engineer's report and all protests, if there be any, and then proceed to confirm, modify or reject the assessments.
G. 
A list of assessments as finally confirmed by the City Council shall be sent to the City Treasurer for collection. If any assessment is not paid within 10 days after its confirmation by the City Council, the City Clerk shall cause to be filed in the office of the County Recorder a notice of lien, substantially in the following form:
NOTICE OF LIEN
Pursuant to Chapter 21.34, Title 21, of the Carlsbad Municipal Code (Ordinance No. 9693), the City of Carlsbad did on the ________ day of ______, 20______, cause maintenance and repair work to be done in the Planned Industrial Development project known as ___________ which was constructed under the Minor Site Development Plan No. ______________ for the purpose of abating a public nuisance and enforcing compliance with the terms of said minor site development plan, and the Council of the City of Carlsbad did on the ___________ day of ___________, 20______, by its Resolution No. _______ assess the cost or portion of the cost thereof upon the real property hereinafter described, and the same has not been paid nor any part thereof, and the City of Carlsbad does hereby claim a lien upon said real property until the same sum with interest thereon at the maximum rate allowed by law from the date of the recordation of this instrument has been paid in full and discharged of record. The real property hereinbefore mentioned and upon which a lien is hereby claimed is that certain parcel of land in the City of Carlsbad, County of San Diego, State of California, particularly described as follows:
(Description of Property)
Dated this ______ day of ______ 20______,
______, City Clerk, City of Carlsbad
H. 
From and after the date of recordation of such notice of lien, the amount of the unpaid assessment shall be a lien on the property against which the assessment is made, and such assessment shall bear interest at the maximum rate allowed by law until paid in full. The lien shall continue until the amount of the assessment and all interest thereon has been paid. The lien shall be subordinate to tax liens and all fixed special assessment items previously imposed upon the same property, but shall have priority over all contractual liens and all fixed special assessment liens which may thereafter be created against the property. From and after the date of recordation of such notice of lien, all persons shall be deemed to have notice of contents thereof.
(Ord. 9693 § 1, 1983; Ord. CS-178 § XLI, 2012)