Chapter 21.29 — C-T COMMERCIAL TOURIST ZONE

Note: Prior ordinance history: Ord. Nos. 9478, 9674, 9785, 9800, NS-18, NS-180, NS-240, NS439, and NS-492.

• A. The intent and purpose of the C-T commercial tourist zone is to:

  1. Implement the Visitor Commercial (V-C) land use designation of the Carlsbad general plan;

  2. Provide for the development of tourist-oriented attractions and commercial uses that serve the travel and recreational needs of tourists, residents, as well as employees of business and industrial centers; and

  3. Provide regulations and development standards to ensure such uses are compatible with and designed to protect surrounding properties, ensure safe traffic circulation, and promote economically viable tourist-oriented areas of the city.

• (Ord. NS-769 § 2, 2005; Ord. CS-432, 9/27/2022)

It is intended that the C-T commercial tourist zone be placed on properties located near major transportation corridors or recreation areas as designated by the general plan and any applicable specific plans.

(Ord. NS-769 § 2, 2005)

• A. In the C-T zone, only the uses listed in Table A, below, shall be permitted, subject to the requirements and development standards specified by this chapter.

• 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 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-T 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.

• "CUP" indicates use is permitted with approval of a conditional use permit.

• 1 = Administrative hearing process

• 2 = Planning Commission hearing process

• 3 = City Council hearing process

• "Acc" indicates use is permitted as an accessory use.

Notes:

1. Accessory uses shall be developed as an integral part of a permitted use within or on the same structure or parcel of land.

2. A conditional use permit is not required for a golf course if it is approved as part of a master plan for a planned community development.

3. Agriculture/aquaculture/flower stands. Provided that the floor area of the stand shall not exceed two hundred square feet, that the stand is located not nearer than twenty feet to any street or highway, and that the stand is only allowed accessory to an active agricultural or aquacultural use.

(Ord. NS-769 § 2, 2005; Ord. NS-791 § 22, 2006; Ord. CS-164 § 10, 2011; Ord. CS-189 §§ XXIX, XXX, 2012; Ord. CS-432, 9/27/2022; Ord. CS-474, 8/20/2024)

• A. No building in the C-T zone shall exceed a height of thirty-five feet or three levels, and allowed height protrusions as described in Section 21.46.020 shall not exceed forty-five feet. Additional building height may be permitted to a maximum of forty-five feet through a site development plan approved by the City Council provided that:

  1. The building does not contain more than three levels;

  2. 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 will be maintained as landscaped open space;

  3. The building conforms to the requirements of Section 18.04.170 of this code; and

  4. The allowed height protrusions as described in Section 21.46.020 do not exceed 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 council 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.

• (Ord. NS-769 § 2, 2005)

On any lot where the side or rear lot line abuts property in any R zone and no alley intervenes, no building shall be erected closer than ten feet to such lot line; provided, further, if such a lot abuts upon an alley, no building shall be erected closer than five feet to the rear lot line of such lot. (Ord. NS-769 § 2, 2005)