HomeMy WebLinkAbout2009-02-18; Planning Commission; ; ZCA 05-02A|LCP A 05-07A - COASTAL COMMISSION'S SUGGESTED MODIFICATIONS TO THE PLANNED DEVELOPMENT REGULATION AMENDMENTSThe City of Carlsbad Planning Department
A REPORT TO THE PLANNING COMMISSION
Item No. G)
P.C. AGENDA OF: February 18, 2009
Application complete date: January 8, 2009
Project Planner: Jennifer Jesser
Project Engineer: NI A
SUBJECT: ZCA 05-02(A)/ LCP A 05-07(A) -COAST AL COMMISSION'S
SUGGESTED MODIFICATIONS TO THE PLANNED DEVELOPMENT
REGULATION AMENDMENTS -Staff requests that the Planning
Commission recommend to the City Council approval of an amendment to the
Zoning Ordinance and Local Coastal Program to modify the standards in
Municipal Code Chapter 21.45 (Planned Developments) and Chapter 21.82
(Beach Area Overlay Zone), pursuant to the California Coastal Commission's
suggested modifications.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 6544
RECOMMENDING APPROVAL of a Zone Code Amendment (ZCA 05-02(A)) and Local
Coastal Program Amendment (LCPA 05-07(A)), and thereby RECOMMENDING
ACCEPTANCE and ADMINISTRATION of the California Coastal Commission's suggested
modifications to the Planned Development Regulation Amendments.
II. INTRODUCTION
On January 8, 2009, the California Coastal Commission approved the City's application to
amend its Local Coastal Program by amending the Planned Developments, Parking, and Beach
Area Overlay Zone (BAOZ) chapters of the Zoning Ordinance (ZCA 05-02/LCP A 05-07 -
Planned Development Regulation Amendments). However, the Coastal Commission's approval
of the amendments included minor suggested modifications, which the City must accept before
the amendments become effective. The suggested modifications include minor amendments to
the Planned Development and BAOZ regulations, described below.
III. PROJECT DESCRIPTION AND BACKGROUND
On February 20, 2007, the Carlsbad City Council approved amendments to the Planned
Developments, Parking, and BAOZ chapters of the Carlsbad Zoning Ordinance (ZCA 05-
02/LCP A 05-07). However, the effective date of the Council's approval of these amendments
was contingent on the California Coastal Commission's approval. As mentioned above, on
January 8, 2009, the Coastal Commission approved the amendments with minor suggested
modifications.
The primary objective of the amendments previously approved by the City,· and by the Coastal
Commission on January 8, 2009, is to facilitate the development of high quality residential
projects consistent with the minimum and Growth Management Control Point (GMCP) densities
('\ . .,
ZCA 05-02(A)/ LCPA 05-07(A)-COASTAL COMMISSION'S SUGGESTED
MODIFICATIONS TO THE PLANNED DEVELOPMENT REGULATION AMENDMENTS
February 18, 2009
Pae 2
of the General Plan Land Use designations. Some of the Planned Development, Parking, and
BAOZ standards effective today are impediments to achieving minimum and GMCP densities,
particularly for residential projects proposed on infill sites and sites designated for higher density
development (RMH -11.5 du/ac GMCP, and RH -19 du/ac GMCP).
The previously approved amendments modified the standards to facilitate development
consistent with minimum and GMCP densities. The Coastal Commission's suggested
modifications are also based on the objective of improving a residential project's ability to
achieve the density requirements.
It is important to note that the Coastal Commission's suggested modifications are changes that
were requested by City staff (no additional changes were suggested by the Coastal Commission).
In the two year time period since the City Council's action in February 2007, City staff has had
the opportunity to apply the new, City Council adopted Planned Development regulations to
proposed projects that have been awaiting the Coastal Commission's approval of the new
regulations. During this time, staff has identified some areas of the Planned Development
regulations that could be improved to better enable projects to achieve the minimum and GMCP
density requirements. The suggested modifications are minor changes to provide additional
flexibility, clarity, and to reduce redundancy.
TABLE A -SUMMARY OF SUGGESTED MODIFICATIONS
Suggested Modification
Clarify that visitor parking may be located along a street only if there are no restrictions that
would prohibit on-street parking.
Clarify that if visitor parking is provided in parking bays, the spaces must be located outside of
the minimum required right-of-way width.
Remove reference to "driveways" and "drive-aisles" in the standards applicable to
"private/public streets".
Delete the requirement for separate utility systems for each unit.
VJ i:: Limit one-family dwellings and twin homes on small lots to two stories only if the underlying
<I) zone limits residential develo12ment to two stories. s lJj 0.. 'Sj" Allow 2°0 & 3ra floor balconies/decks to cantilever over a drive-aisle. 0 .
]c=:i Reformat Row E.8 of Table E to for provide better clarity and eliminate redundancy. <I) •
0 §-Require that private recreation space for multiple family condos be located adjacent to the unit "O ..c:: ~u it serves, not be located in a required front yard, and not include any driveways, parking,
=: storage, or common walkways. ell ~ Reduce required private recreation space (from 400 sq. ft. to 200 sq. ft.) for condo projects
developed as detached one-family or two-family condos within the higher density land use
designations (RMH & RH).
Allow private recreation space for detached one-family or two-family condos to be provided as
a balcony/deck on a 2nd or 3rd floor or roof.
Clarify that condo projects in the RH designation that opt to provide additional community
recreation space in lieu of private recreation space may only do so if the project has 11 or more
units.
N 'N 0 §-ex: Remove the 2-story limitation, but keep the 30-foot/24-foot height limitations in place. <t: ..c:: -a:l UN
ZCA 05-02(A)/ LCPA 05-07(A)-COASTAL COMMISSION'S SUGGESTED
MODIFICATIONS TO THE PLANNED DEVELOPMENT REGULATION AMENDMENTS
February 18, 2009
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IV. ANALYSIS
As mentioned above, the objective of the suggested modifications is to facilitate residential
development consistent with the City's density requirements. Attachment 2 provides a detailed
discussion and analysis of each modification.
The suggested modifications are consistent with Carlsbad's General Plan, Zoning Ordinance, and
Local Coastal Program, as follows:
A. General Plan Consistency
A Zoning Ordinance is one of the primary means for implementing a City's General Plan.
Accordingly, any amendment to a Zoning Ordinance is required to be consistent with the
applicable policies and programs of the General Plan. The suggested modifications are
consistent with the applicable policies and programs of the General Plan. Particularly relevant to
this proposal are the Land Use Element and Housing Element policies and programs described in
Table B, below.
ELEMENT
Land Use
TABLE B -GENERAL PLAN CONSISTENCY
GOAL, OBJECTIVE, POLICY
OR PROGRAM
• The minimum and GMCP
densities of the medium to high
density residential land use
designations are as follows:
DESIG. MIN GMCP
RM 4 du/ac 6 du/ac
RMH 8 du/ac 11.5 du/ac
RH 15 du/ac 19 du/ac
• Amend Title 21 of the
Carlsbad Municipal Code
(Zoning Ordinance), as
necessary to be consistent with
the approved land use revisions
of the General Plan.
• Consider density and
development right transfers in
instances where the property
owner is preserving open space
consistent with the City's
Habitat Management Plan.
ORDINANCE CONSISTENCY
The Land Use Element of the General Plan was
amended in 2005 to include a new provision
requiring all residential projects to achieve the
minimum density of the underlying General Plan
Land Use designation.
The suggested modifications (as well as the
previously approved amendments) will provide
the flexibility required to achieve minimum
General Plan densities.
With the adoption of the City's Habitat
Management Plan (HMP), the development area
for a number of residential properties has been
reduced to as little as 25% of the total site area.
The remaining area of these properties is required
to be preserved in open space pursuant to the
HMP.
The suggested modifications (as well as the
previously approved amendments) will provide
the flexibility necessary to accommodate higher
density clustered development projects that result
from density transfers.
ZCA 05-02(A)/ LCPA 05-07(A)-COASTAL COMMISSION'S SUGGESTED
MODIFICATIONS TO THE PLANNED DEVELOPMENT REGULATION AMENDMENTS
February 18, 2009
Pa e4
TABLE B -GENERAL PLAN CONSISTENCY, CONTINUED
ELEMENT GOAL, OBJECTIVE, ORDINANCE CONSISTENCY POLICY OR PROGRAM
Housing New housing developed The City is required by State Housing Element law to
Element with a diversity of types, accommodate its designated share of the regional
prices, tenures, densities housing need (RHNA). The proposed Carlsbad Housing
Per the and locations and in Element (2005-2010) identifies that the City has a
existing sufficient quantity to meet RHNA of 2,689 lower income and 1,333 moderate
Housing the demand of anticipated income dwelling units.
Element City and regional growth
(RHNA). State Housing Element law assumes that lower and
and moderate income housing is achievable at 20 du/ac (for
lower income) and 12 du/ac (for moderate income).
Proposed Coincidentally, the City's current GMCP densities for
2005-2010 RMH and RH designated properties are 11.5 du/ac and
Housing Modify certain 19 du/ac, respectively.
Element development standards or
recommend that certain Government Code Section 65863 requires that
Municipal Code changes be residential development not be approved at a density
implemented to encourage below the density used to demonstrate compliance with
the development of low or Housing Element law (in our case, the GMCP).
moderate income housing.
The suggested modifications (as well as the previously
approved amendments) will provide the flexibility
required to achieve the City's RHNA for lower and
moderate income housing and to also comply with
Government Code Section 65863.
B. Zoning Ordinance Consistency
An integral component of any Zoning Ordinance amendment is a requirement to find that the
proposed amendments are internally consistent with the procedures and standards of the rest of
the existing Zoning Ordinance that is not proposed for amendment. Staff has analyzed the
suggested modifications and finds that the amendments are internally consistent with the other
provisions of the Zoning Ordinance not being amended.
C. Local Coastal Program Consistency
The Zoning Ordinance is one of the implementing ordinances for the Carlsbad Local Coastal
Program (LCP). A LCP amendment is required when the Zoning Ordinance is amended. As
mentioned above, on January 8, 2009, the Coastal Commission approved the LCP amendment to
modify the Planned Development, Parking, and Beach Area Overlay Zone regulations (as
approved by the City in 2007). The proposed suggested modifications were a part of the Coastal
Commission's approval on January 81\ and the Coastal Commission found that the amendments,
including the suggested modifications, are consistent with the City's LCP and the California
Coastal Act.
ZCA 05-02(A)/ LCPA 05-07(A)-COASTAL COMMISSION'S SUGGESTED
MODIFICATIONS TO THE PLANNED DEVELOPMENT REGULATION AMENDMENTS
February 18, 2009
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V. ENVIRONMENTAL REVIEW
On February 20, 2007, the City Council adopted a Negative Declaration for ZCA 05-02 and
LCPA 05-07 -Planned Development Regulation Amendments (Resolution No. 2007-036). The
Coastal Commission's suggested modifications do not create any new significant environmental
effects that were not previously identified. No additional environmental review is required.
ATTACHMENTS:
1. Planning Commission Resolution No. 6544 (ZCA 05-02/LCPA05-07)
2. Analysis of California Coastal Commission's Suggested Modifications
3. Planned Developments chapter (21.45) as approved by City Council on February 20,
2007, including the California Coastal Commission's suggested modifications shown in
strike-out/bold-underline.
4. Beach Area Overlay Zone chapter (21.82) as approved by City Council on February 20,
2007, including the California Coastal Commission's suggested modifications shown in
strike-out/bold-underline.
5. Parking chapter (21.44) as approved by City Council on February 20, 2007 (for reference
only-no suggested modifications to this chapter).
1
2
CALIFORNIA COASTAL COMMISSION'S SUGGESTED MODIFICATIONS
PLANNED DEVELOPMENT REGULATION AMENDMENTS
ZCA 05-02{A)/LCPA 05-07{A)
ANALYSIS
TABLE A
SUMMARY OF SUGGESTED MODIFICATIONS
Proposed Modification Discussion/ Analysis
The Planned Development (PD) regulations (currently effective version and as specified in the City Council
approved ZCA 05-02/LCPA 05-07), allow visitor parking for Planned Development projects to be located along
Amend row C.7 of Table C of Section private or public streets. It is not clear, however, that visitor parking would not be permitted on a public or private
21.45.060, to: street if on-street parking was prohibited (for example, the location of a fire hydrant or other safety concerns may
• Clarify that visitor parking may prohibit on-street parking in a specific location). The suggested modifications will add language to clarify that
be located along a street only if visitor parking may be located along a private or public street, provided there are no restrictions that would
there are no restrictions that prohibit on-street parking.
would prohibit on-street parking, The PD regulations (currently effective version and as specified in the City Council approved ZCA 05-02/LCPA and
• Clarify that if visitor parking is 05-07) also allow visitor parking to be located in parking bays along a private or public street. However, parking
bays (angled or perpendicular spaces) are not permitted within the minimum required right of way width. The provided in parking bays, the suggested modifications will add language to clarify that if visitor parking is provided in parking bays, the bays spaces must be located outside must be located outside of the minimum required right-of-way. of the minimum required right-of-
way width, and The standard that allows visitor parking in parking bays along a private or public street (as stated in the City • Remove the reference to Council approved ZCA 05-02/LCPA 05-07) also references the same provision for "driveways" and "drive-aisles", "driveways" and "drive-aisles" in which is redundant because there are separate standards for visitor parking on driveways and drive-aisles. Also, the standards applicable to the term "driveway" no longer refers to a travel way (as in the currently effective PD regulations), but will now . "private/public streets." only refer to the private parking area in front of a garage (per the City Council approved ZCA 05-02/LCPA 05-
07); therefore, the provision for parking bays along a "driveway" is no longer relevant. The suggested
modifications will eliminate anv redundancy or conflict in terminoloi:iv.
The requirements for utility systems are regulated by the Engineering Department. To avoid any potential
conflict with Engineering standards, it is recommended that the requirement for separate utility systems in the PD
Delete the requirement for separate regulations be eliminated. However, removing it from the PD regulations will not eliminate the requirement
utility systems for each unit in a Planned because the Engineering Department requires separate utility systems for units with separate ownership.
Development project (Row C.11 of Table In limited circumstances, the Engineering Department grants waivers to this requirement, and maintaining this C of Section 21.45.060). standard in the PD Ordinance creates conflict with the ability to grant a waiver (since the PD Ordinance does not
specify that the standard can be waived). Criteria considered to grant a waiver include impracticability of
installation (i.e. for stacked-flat condos it may be infeasible to provide separate utility systems), financial
hardship, and State laws related to utility systems in senior living units.
ZCA 05-02(A)/LCPA 05-07(A)-ANALYSIS OF COASTAL COMMISSION'S SUGGESTED MODIFICATIONS
TO PLANNED DEVELOPMENT REGULATIONS AMENDMENTS
Page 2 of 4
TABLE A, CONTINUED
SUMMARY OF SUGGESTED MODIFICATIONS
Proposed Modification Discussion/Analysis
PD projects designed as one-family dwellings or twin homes on small lots are limited to two-stories (currently
effective regulations and as specified in the City Council approved ZCA 05-02/LCPA 05-07); however, if the
underlying zone does not require a story limitation, then the PD regulations would be more restrictive than the
underlying zone, which can create additional limitations on a project's ability to achieve minimum density
requirements. The suggested modifications would not allow any structure to be constructed above any existing
height standard; all stories of a structure must be within the height limitations of the underlying zone.
The following lists the building height and story limitations of each residential zone, which a Planned
Amend row D.11 of Table D of Section Development project will be required to comply with:
21.45.070, to limit one-family dwellings
3 and twin homes on small lots to two Zone Height Limit Story Limitation
stories only if the underlying zone limits R-1 30 feet (with minimum 3:12 roof pitch) Two story limit residential develoQment to two stories. R-2 24 feet (with less than a 3:12 roof pitch)
R-3
R-P 35 feet No story limit R-W
RD-M
RMHP Applicable to mobile homes only -no heiqht or story limit specified
Height and story limitations are specified through a Master Plan, which typically
P-C reference the R-1 Zone for single-family development and the RD-M Zone for
condominium and multiple-family development
The PD standards for condominium projects (as stated in the City Council approved ZCA 05-02/LCPA 05-07)
requires a 5 foot building setback from a drive-aisle, and a 0-foot setback for 2nd and 3rd floors directly above a
Amend row E.5 of Table E of Section garage. In addition, the Zoning Ordinances currently allows balconies and decks to project 2-feet into required
21.45.080 to allow 2nd & 3rd floor setbacks.
4 balconies/decks (unenclosed &
uncovered) to cantilever over a drive-The modification will allow 2nd & 3rd floor balconies/decks (not just those located above a garage) to cantilever
aisle over a drive-aisle, which will provided additional flexibility in design (especially for infill projects).
Balconies/decks will still be required to comply with all required setbacks from property lines, building separation,
and Fire/Engineering standards (which include minimum vertical clearance standards for emerqencv vehicles).
ZCA 05-02(A)/LCPA 05-07(A)-ANAL YSIS OF COASTAL COMMISSION'S SUGGESTED MODIFICATIONS
TO PLANNED DEVELOPMENT REGULATIONS AMENDMENTS
Page 3 of 4
TABLE A, CONTINUED
SUMMARY OF SUGGESTED MODIFICATIONS
Proposed Modification Discussion/ Analysis
Amend row E.8 of Table E of Section 21.45.080, as follows:
The private recreation space standards for condominium projects (as stated in the City Council approved ZCA
A. Reformat to for provide better clarity 05-02/LCPA 05-07) are formatted into two categories: "one-family and two-family dwellings" and "multiple-family
and eliminate redundancy dwellings". There are a few requirements that are identical in both categories. The modifications will create a
section that lists the private recreation standards applicable to all condominium projects, rather than repeating
the same standard twice.
The private recreation space standards for detached one-family and two-family condominium projects (as stated
8. Require that private recreation in the City Council approved ZCA 05-02/LCPA 05-07) require private recreation space to be located adjacent to
space for multiple family condos be the unit it is intended to serve; however, that is not required for multiple-family projects. Private recreation space
located adjacent to the unit it is intended for the sole use of the dwelling owner and should be conveniently located adjacent to the unit,
serves, not be located in a required whether the unit is a one-family, two-family, or multiple-family unit. The modifications will ensure this.
front yard, and not include any In addition, the private recreation space for one/two-family condominiums is not permitted to be located within a driveways, parking, storage, or front yard and cannot include driveways, parking, storage, or common walkways. These requirements are common walkways intended to ensure the recreation space is usable for recreation. The standards are applicable to multiple-family
dwellinqs, as well as one/two-family dwellinqs.
The PD standards for detached one-family and two-family condominium projects (as stated in the City Council
5 approved ZCA 05-02/LCPA 05-07) require a minimum of 400 square feet of private recreation space, which is
the same amount required for one-family dwellings and twin-homes developed on small lots.
In the higher density land use designations (RMH and RH), the minimum density requirements may make it
C. Reduce the required private difficult to provide 400 square feet of private recreation space for each unit. In addition, the private recreation
recreation space (from 400 square space requirements for condominium projects should not be as high as dwellings on individual lots.
feet to 200 square feet) for Condominiums developed as multiple-family dwellings (a building with three or more units) are currently only condominium projects developed as
detached one-family dwellings or two-required to provide a minimum of 60 square feet per unit of private recreation space, which is significantly lower
family condos that are within the than the recreation space required for one/two-family condos. The primary difference between a multiple-family
higher density land use designations condo and a one/two-family condo is the number of units per building.
(RMH & RH) Condominiums developed as detached one-family and two-family dwellings have more separation between
buildings/units on a site than a multiple-family condo project; and therefore, there is more area to provide private
recreation space. However, on sites with a higher density land use designation, the site area available to
achieve the minimum density requirements is limited. Reducing the required private recreation space for
one/two-family condos on sites in the RMH and RH land use designations will provide more flexibility in
achieving minimum density requirements.
ZCA 05-02(A)/LCPA 05-07(A)-ANALYSIS OF COASTAL COMMISSION'S SUGGESTED MODIFICATIONS
TO PLANNED DEVELOPMENT REGULATIONS AMENDMENTS
Page 4 of 4
5
cont.
6
Proposed Modification
D. Allow private recreation space for
detached one-family or two-family
condos to be provided as a
balcony/deck on a 2nd or 3rd floor or
roof.
E. Clarify that condo projects in the RH
designation that opt to provide
additional community recreation
space in lieu of private recreation
space may only do so if the project
has 11 or more units.
Amend Section 21.82.050 (Building
height) of the Beach Area Overlay Zone
to remove the 2-story limitation, but keep
the 30-foot/24-foot height limitations in
place.
TABLE A, CONTINUED
SUMMARY OF SUGGESTED MODIFICATIONS
Discussion/ Analysis
The PD standards for detached one-family and two-family condominium projects (as stated in the City Council
approved ZCA 05-02/LCPA 05-07) require all private recreation space to be located at the ground level; however
that doesn't work for two-family dwelling condos designed as stacked flats. Also, on smaller in-fill sites the area
of the site may limit the ability to locate all required private recreation space on the ground level.
The modifications will provide the flexibility to locate some or all of the required private recreation space as a
balcony/deck. If all or some of the private recreation space is provided via balcony(ies)/deck(s), the minimum
area of the balcony(ies)/deck(s) will be the same as required for multiple-family patios/decks/balconies (6 foot
minimum dimension and a minimum of 60 square feet).
The PD standards (as stated in the City Council approved ZCA 05-02/LCPA 05-07) allow condo projects in the
RH designation to provide an additional 75 square feet of community recreation space in lieu of private
recreation space. However, community recreation space is only required for projects with 11 or more units. The
modifications will clarify that the community recreation space in lieu of private recreation space is only allowed if
community recreation space is required.
As described in row 3 of this table, the modifications will eliminate the two-story limitation for PD projects
designed as one-family dwellings or twin homes on small lots (to ensure the PD ordinance is not more restrictive
that the underlying zone).
Most of the residential sites in the Beach Area Overlay Zone (BAOZ) are small in-fill lots designated for higher
density residential development. Many residential developments in the BAOZ utilize the PD Ordinance to
develop condominium or small lot projects. To ensure the BAOZ standards do not conflict with the PD
standards, it is recommended that the two-story limitation in the BAOZ be removed. In doing so, building height
will not be increased; building height will still be limited to 30 feet (minimum 3/12 roof pitch) and 24 feet (less
than a 3/12 roof pitch) in the BAOZ. Removing the 2 story limitation will not be a significant change, since
building height will not increase; however, it will provide additional flexibility in architectural design, which will
assist in achievinq minimum density requirements.
The following text reflects the Planned Developments chapter as approved by City Council on
February 20, 2007, including the California Coastal Commission's suggested modifications
shown in strike out/bold-underline.
21.45.010
21.45.020
21.45.030
21.45.040
21.45.050
21.45.060
21.45.070
21.45.080
21.45.090
21.45.100
21.45.110
21.45.120
21.45.130
21.45.140
21.45.150
21.45.160
21.45.170
21.45.010
A.
1.
2.
3.
a.
b.
C.
d.
4.
21.45.020
A.
B.
C.
Chapter 21.45
PLANNED DEVELOPMENTS
Intent and purpose.
Applicability.
Definitions.
Permitted zones and uses.
Application and permit.
General development standards.
Development standards for one-family dwellings and twin-homes on small lots.
Development standards for condominium projects.
Residential additions and accessory uses.
Amendments to permits.
Conversion of existing buildings to planned developments.
Expiration, extension and revisions.
Proposed common ownership land or improvements.
Maintenance.
Failure to maintain.
Model homes.
Restriction on reapplication for planned development permit.
Intent and purpose.
The purpose of the planned development ordinance is to:
Recognize the need for a diversity of housing and product types;
Provide a method for clustered property development that recognizes that the
impacts of environmentally and topographically constrained land precludes the
full development of a site as a standard single-family subdivision;
Establish a process to approve the following:
One-family dwellings and twin-homes on individual lots of less than 7,500 square
feet in size or as otherwise allowed by the underlying zone;
Condominium projects consisting of two-family and multiple-family dwellings, as
well as one-family dwellings developed as two or more detached dwellings on
one lot;
Condominium conversions; and
Private streets; _
Encourage and allow more creative and imaginative design by including relief
from compliance with standard residential zoning regulations. To offset this
flexibility in development standards, planned developments are required to
incorporate amenities and features not normally required of standard residential
developments.
Applicability.
A planned development permit is required for the development of one-family
dwellings or twin-homes on lots of less than 7,500 square feet or as otherwise
allowed by the underlying zone, attached or detached condominiums,
condominium conversions, and private streets.
These regulations do not apply to attached residential units proposed for
inclusion as part of a commercial development project.
Any application for a planned development permit that was deemed complete
prior to the effective date of the ordinance reenacting this chapter, shall not be
D.
E.
F.
21.45.030
A.
1.
2.
3.
4.
5.
6.
21.45.040
A.
subject to the amended provisions of this chapter but shall be processed and
approved or disapproved pursuant to the ordinance superseded by the ordinance
codified in this chapter.
If there is a conflict between the regulations of this chapter and any regulations
approved as part of the city's certified local coastal programs, a redevelopment
plan, master plan or specific plan, the regulations of the local coastal program,
redevelopment plan, master plan or specific plan shall prevail.
A planned development permit shall apply to residential projects only, as
specified in "Table A, Permitted Residential Uses" of this chapter.
A planned development permit shall be required for the development of a private
street within a residential development that is not otherwise subject to the
requirements of this chapter. Such residential development shall not be subject
to any development standard of this chapter, except the private street standards.
Definitions.
Whenever the following terms are used in this chapter, they shall have the
meaning established by this section:
"Condominium project" means a common interest development defined by
Section 1351 of the California Civil Code, and which consists of two or more
attached or detached dwelling units on one lot.
"Driveway" means an improved surface on private property intended for exclusive
vehicular access from a public/private street or drive-aisle to open/enclosed
parking for a single residential unit (attached or detached).
"Drive-aisle" means an improved surface on private property intended for shared
vehicular access (serving two or more residential units, attached or detached)
from a public/private street to a driveway(s) or open/enclosed parking.
"Net pad area" means the building pad of a lot excluding all natural or
manufactured slopes greater than 3 feet in height except intervening
manufactured slopes between split-level pads on a single lot.
"Planned development" means a form of development usually characterized by a
unified site design for a number of housing units, clustering buildings and
providing common open space, recreation and streets.
"Twin-home" means two dwellings attached by a common wall where each
dwelling is on a separate lot that allows for separate ownership.
Permitted zones and uses.
Table A, Permitted Residential Uses, specifies the types of residential uses, and
the zones where such uses are permitted, subject to the approval of a planned
development permit. The uses specified in Table A are in addition to any
principal use, accessory use, transitional use or conditional use permitted in the
underlying zone.
TABLE A
PERMITTED RESIDENTIAL USES
Legend:
P = Permitted
(#) Number within parenthesis= Permitted only in certain circumstances.
X = Not permitted
Zone
R-1
R-2
R-3
RD-M
R-W
R-P
RMHP
P-C
V-R
Accessory
Uses
( 1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
21.45.050
A.
1.
2.
a.
b.
3.
Residential Use
One-Family Dwelling or Twin-Home on Condominium Project Small Lots (one unit per lot)
One-family dwellings -(3) or (4)
(1) or (4) Two-family dwellings -(1) or (4)
Multiple-family dwellings -(4)
p One-family or two-family dwellings -P
Multiple-family dwellings -(2) or (4)
p p
p p
X p
(5) (6)
p p
(7) (7)
(8) (8)
(9) (9)
Permitted when the project site is contiguous to a higher intensity land use designation or
zone, or an existing project of comparable or higher density.
Permitted when the proposed project site is contiguous to a lot or lots zone R-3, R-T,
R-P, C-1, C-2, C-M or M, but in no case shall the project site consist of more than one lot
nor be more than ninety feet in width, whichever is less.
Permitted when developed as two or more detached units on one lot.
Permitted when the project site contains sensitive biological resources as identified in the
Carlsbad Habitat Management Plan. In the case of a condominium project, attached or
detached units may be permitted when the site contains sensitive biological resources.
Permitted when the R-P zone implements the RMH land use designation.
Permitted when the R-P zone implements the RMH or RH land use designations.
Permitted uses shall be consistent with the master plan.
Refer to the Carlsbad Village Redevelopment Master Plan for permitted uses.
Refer to Table F for permitted accessory uses.
Application and permit.
Application.
The application for a planned development permit shall be made in writing on the
form provided by the planning department, and shall be accompanied by the
required fee in an amount specified by city council resolution.
The application shall include plans (i.e. site plan, building elevations, floor plans,
landscape plans, etc.) as required by the city's submittal requirements, which
demonstrate compliance with all development standards and design
requirements contained in this chapter.
A planned development permit application for a small-lot subdivision (intended to
be developed with one dwelling per lot) may be approved without architecture
and plotting; in which case, approval of a major planned development permit
amendment will be required at a later date to authorize the proposed structures
and their placement.
A planned development permit application for a condominium project shall
require approval of architecture and plotting concurrent with the approval of the
condominium subdivision.
The application for a planned development permit shall state the proposed
method of land division (i.e., small lots, or air-space condominiums).
B. Processing Procedures.
1. Table B, Processing Procedures, identifies required procedures for Minor (four or
fewer dwelling units) and Major (five or more dwelling units) Planned
Development permits.
TABLE B
PROCESSING PROCEDURES
Topic Minor Planned Development Permit Major Planned Development Permit
Decision-Making Body Planning Commission (PC Up to 50 DU
Planning Director City Council More than or Official (upon PC recommendation) 50 DU
Map Required Minor Subdivision Map Major Subdivision Map
(See Title 20, Chapter 20.24) (See Title 20, Chapter 20.12)
Required Findings See Section 21.45.050(C) See Section 21.45.050(C)
Public Notice Required See Title 20, Chapter 20.24. Chapter 21.54, Section 21.54.060(1) Section 20.24.115
Public Hearing No Yes Required
Appeals See Chapter 21.54, Section 21.54.140 See Chapter 21.54, Section 21.54.150
C. Required Findings.
1. The planning director, planning commIssIon or city council shall approve or
conditionally approve a planned development permit only if the following findings
are made: •
a. The proposed project is consistent with the general plan, and complies with all
applicable provisions of this chapter, and all other applicable provisions of this
code.
b. The proposed project will not be detrimental to existing uses, or to uses
specifically permitted in the area in which the proposed use is to be located, and
will not adversely impact the site, surroundings, or traffic.
c. The project will not adversely affect the public health, safety, or general welfare;
d. The project's design, including architecture, streets, and site layout:
i. Contributes to the community's overall aesthetic quality;
ii. Includes the use of harmonious materials and colors, and the appropriate use of
landscaping; and
iii. Achieves continuity among all elements of the project.
D. Modifications to Development Standards.
1. The decision-making body with the authority to approve a planned development
permit may approve a modification to the development standards specified in this
chapter if all of the following findings are made in writing:
a. The proposed planned development designed with the modified development
standard(s) is consistent with the purpose and intent of this chapter; and
b. The proposed modification(s) will result in the preservation of natural habitat as
required by the Carlsbad Habitat Management Plan (HMP); and
c. The amount of natural habitat preservation required by the HMP could not be
achieved by strict adherence to the development standards of this chapter; and
d. The proposed modification(s) will not adversely affect the public health, safety, or
general welfare; and
e. If the project is located within the coastal zone, the modification is consistent with
all Local Coastal Program policies and standards for the protection of coastal
resources.
2. Any application for a planned development permit that involves a request for a
modification to the development standards of this chapter shall include
documentation that clearly demonstrates the modification is necessary to
implement the natural habitat preservation requirements of the HMP.
3. The decision-making body with the authority to approve a planned development
permit may modify the plan, or impose such conditions or requirements that are
more restrictive than the development standards specified in this chapter, the
underlying zone or elsewhere in this code, as deemed necessary to protect the
public health, safety and general welfare, or to insure conformity with the general
plan and other adopted policies, goals or objectives of the city.
21.45.060
A.
General development standards.
All planned developments shall comply with the general development standards
specified in Table C below. Specific standards applicable to one-family dwellings
and twin-homes on small-lots can be found in Table D; and standards applicable
to condominium projects can be found in Table E.
REF.
NO.
C.1
C.2
B.
C.
D.
In addition to the provisions of this chapter, a planned development project shall
be subject to the development standards of the project site's underlying zone.
If there is a conflict between the development standards of this chapter and the
development standards applicable to the project site's underlying zone, the
standards of this chapter shall prevail. Exception: the development standards
specified in the city's local coastal program, a redevelopment plan, master plan
or specific plan shall prevail if such standards conflict with the standards of this
chapter.
When approved, a planned development permit shall become a part of the
zoning regulations applicable to the subject property.
TABLE C
GENERAL DEVELOPMENT STANDARDS
SUBJECT DEVELOPMENT STANDARD
Per the underlying General Plan designation. When two or more general plan land
Density use designations exist within a planned development, the density may be
transferred from one general plan designation to another with a general plan
amendment.
All dwelling units adjacent to any arterial road shown on the Circulation Element of
the General Plan shall maintain the following minimum setbacks from the right-of-
way:
Prime Arterial 50 Feet
Major Arterial 40 Feet
Secondary Arterial 30 Feet
Carlsbad Boulevard 20 Feet
Half (50%) of the required arterial setback area located closest to the arterial shall
Arterial be fully landscaped to enhance the streetscene and buffer homes from traffic on
Setbacks adjacent arterials, and:
• Shall contain a minimum of one 24" box tree for every 30 lineal feet of street
frontage; and
• Shall be commonly owned and maintained
Project perimeter walls greater than 42 inches in height shall not be located
in the required landscaped portion of the arterial setback, except noise
attenuation walls that:
• Are required by a noise study, and
• Due to topography, are necessary to be placed within the required
landscaped portion of the arterial setback.
REF. SUBJECT NO.
Permitted
Intrusions into
C.3 Setbacks/
Building
Separation
C.4 Streets
C.5 Drive-aisles
Number of
Visitor
C.6 Parking
Spaces
Required (1)
TABLE C, CONTINUED
GENERAL DEVELOPMENT STANDARDS
DEVELOPMENT STANDARD
Permitted intrusions into required building setbacks shall be the same as specified
in Section 21.46.120 of this code. The same intrusions specified in Section
21.46.120 shall be permitted into required building separation.
Minimum right-of-way width 56 feet
Minimum curb-to-curb width 34 feet
Private Minimum parkway width 5.5 feet, including curb (curb adiacent)
Minimum sidewalk width 5 feet (setback 6 inches from
property line)
Minimum right-of-way width 60 feet
Minimum curb-to-curb width 34 feet
Public Minimum parkway width 7.5 feet, including curb (curb adjacent)
5 feet (setback 6 inches from . Minimum sidewalk width property line)
One-family A minimum of one street tree (24-inch box)
dwellings and twin per lot is required to be planted in the
homes on small-lots parkway along all streets. Street Trees Condominium Street trees shall be spaced no further apart within
parkways projects than 30 feet on center within the parkway.
Tree species should be selected to create a unified image for the
street, provide an effective cano~y, avoid sidewalk damage and
minimize water consumption.
Minimum 12 feet wide when the drive-aisle is not required for
3 or fewer emerqency vehicle access, as determined by the Fire Chief.
dwelling units If the drive-aisle is required for emergency vehicle access, it shall
be a minimum of 20 feet wide.
4 or more Minimum 20 feet wide. dwellinq units
No parking shall be permitted within the minimum required width of
a drive-aisle.
A minimum 24-foot vehicle back-up/maneuvering area shall be
provided in front of garages, carports or uncovered parking spaces
(this may include driveway area, drive-aisles, and streets).
All projects Additional width may be required for vehicle/emergency vehicle
maneuvering area.
Parkways and/or sidewalks may be required.
No more than 24 dwelling units shall be located along a single-entry
drive-aisle.
All drive-aisles shall be enhanced with decorative pavement.
Projects with 10 units or fewer A .30 space per each unit.
Projects 11 units or more A .25 space per each unit.
When calculating the required number of visitor parking spaces, if the calculation
results in a fractional parking space, the required number of visitor parking spaces
shall always be rounded up to the nearest whole number.
REF. SUBJECT NO.
Location of
C.7 Visitor
Parking
TABLE C, CONTINUED
GENERAL DEVELOPMENT STANDARDS
DEVELOPMENT STANDARD
On-street visitor earking is eermitted on erivate/eublic streets1
subject to the following: As 13aFallel 13aFkiA§ aleA§ 13~slist13Fivate
stFeet(st(FfliAiffl~Ffl J4 feet wise s~Fs ta s~Fs), as fellews:
• The erivate/eublic street is a minimum 34-feet wide {curb-to-
curb)
• There are no restrictions that would erohibit on-street
earking where the visitor earking is eroeosed
• The visitor earking seaces ma3t be located:
0 Along one or both sides of any private/public street(s)
located within the project boundary1 and
0 Along the abutting side and portion of any existing
On Private/ public/private street(s) that is contiguous to the project
Public Streets boundary
In parking bays along Elfr1e11rays, ElFive aisles, eF public/private
streets within the project boundary1 erovided the earking ba3ts are
outside the minimum reauired street riaht-of-wav width.
When visitor parking is provided as on-street parallel parking, not
less than 24 lineal feet per space, exclusive of driveway/drive-aisle
entrances and aprons, shall be provided for each parking space,
except where parallel parking spaces are located immediately
adjacent to driveway/drive-aisle aprons, then 20 lineal feet may be
provided.
Within the Beach Area Overlay Zone, on-street parking shall not
count toward meeting the visitor parking requirement.
On Visitor parking must be provided in parking bays that are located
Drive-aisles outside the required minimum drive-aisle width.
Outside One required visitor parking space may be credited for
the each driveway in a project that has a depth of 40 feet or
Beach more.
Area For projects with 10 or fewer units, all required visitor
Overlay parking may be located within driveways (located in front
Ona Zone of a unit's garage), provided that all dwelling units in the
Driveway project have driveways with a depth of 20 feet or more.
Within
the One required visitor parking space may be credited for Beach
Area each driveway in a project that has a depth of 40 feet or
Overlay more.
Zone
REF. SUBJECT NO.
Location of
C.7, Visitor
cont. Parking,
cont.
Screening of C.8 Parking Areas
Community
C.9 Recreational
Space (1)
TABLE C, CONTINUED
GENERAL DEVELOPMENT STANDARDS
DEVELOPMENT STANDARD
In addition to the provisions above to locate visitor
parking in a driveway, if the streets within and/or
adjacent to the project allow for on-street parking on both
sides of the street, then visitor parking may be located in
a driveway, subject to the following:
Within • All required visitor parking may be located within
the driveways {located in front of a unit's garage),
Beach provided that all dwelling units in the project have
Area driveways with a depth of 20 feet or more.
Ona Overlay
Driveway, Zone, • If less than 100% of the driveways in a project have a
cont. cont. depth of 20 feet or more, then a .25 visitor parking
space will be credited for each driveway in a project
that has a depth of 20 feet or more (calculations
resulting in a fractional parking space credit shall
always be rounded down to the nearest whole
number).
The minimum driveway depth required for visitor parking
All (20 feet or 40 feet) applies to driveways for front or side-
projects loaded garages, and is measured from the property line,
back of sidewalk, or from the edge of the drive-aisle,
whichever is closest to the structure.
For projects of more than 25 units, up to 25% of visitor parking may
be provided as compact spaces (8 feet by 15 feet). No overhang is
Compact permitted into any required setback area or over sidewalks less
than 6 feet wide. Parking For all projects within the Beach Area Overlay Zone, up to 55% of
the visitor parking may be provided as compact spaces (8 feet by
15 feet).
Distance from Visitor parking spaces must be located no more than 300 feet as
unit measured in a logical walking path from the entrance of the unit it
could be considered to serve.
Open parking areas should be screened from adjacent residences and public rights-
of-way by either a view-obscuring wall, landscaped berm, or landscaping, except
parking located within a driveway.
Community recreational space shall be provided for all projects of 11 or more
dwellinQ units, as follows:
Minimum Project is NOT within RH general 200 square feet per unit community plan desiQnation
recreational Project IS within RH general plan 150 square feet per unit space required desiQnation
Projects with Community recreational space shall be provided as either (or 11 to 25
dwelling units both) passive or active recreation facilities.
Projects with Community recreational space shall be provided as both passive
26 or more and active recreational facilities with a minimum of 75% of the
dwellinQ units area allocated for active facilities.
Projects with Community recreational space shall be provided as both passive
50 or more and active recreational facilities for a variety of age groups (a
dwelling units minimum of 75% of the area allocated for active facilities).
REF. SUBJECT NO.
Community
C.9, Recreational
cont. Space (1),
cont.
C.10 Lighting
G,44 IJtilities
~ Recreational
Vehicle (RV) C.11 Storage (1)
TABLE C, CONTINUED
GENERAL DEVELOPMENT STANDARDS
DEVELOPMENT STANDARD
For projects consisting of one-family dwellings or twin homes on
Projects with small-lots, at least 25% of the community recreation space must
50 or more be provided as pocket parks.
dwelling units, • Pocket park lots must have a minimum width of 50 feet and be
located at strategic locations such as street intersections cont. (especially "T-intersections") and where open space vistas
may be achieved.
Community recreational space shall be located and designed so
as to be functional, usable, and easily accessible from the units it
is intended to serve.
All projects Credit for indoor recreation facilities shall not exceed 25% of the
(with 11 or required community recreation area.
more dwelling Required community recreation areas shall not be located in any units) required front yard and may not include any streets, drive-aisles,
driveways, parking areas, storage areas, slopes of 5% or greater,
or walkways (except those walkways that are clearly integral to
the desiqn of the recreation area).
In addition to required resident and visitor parking, recreation
area parking shall be provided, as follows: 1 space for each 15
residential units, or fraction thereof, for units located more than
Recreation 1,000 feet from a community recreation area.
Area Parking The location of recreation area parking shall be subject to the
same location requirements as for visitor parking, except that
required recreation area parking shall not be located within a
driveway(s).
Examples of recreation facilities include, but are not limited to, the following:
Swimming pool area
Children's playground equipment
Spa
Courts (tennis, racquetball, volleyball, basketball)
Recreation rooms or buildings
Active Horseshoe pits
Pitch and putt
Grassy play areas with a slope of less than 5% (minimum area of
5,000 square feet and a minimum dimension of 50 feet)
Any other facility deemed by the planning director to satisfy the
intent of providing active recreational facilities.
Benches
Passive Barbecues
Community gardens
Grassy play areas with a slope of less than 5%.
Lighting adequate for pedestrian and vehicular safety shall be provided.
SepaFate 1::1tility systems st:'lall ee prn1,iigeg feF east:'l 1::1Ait.
Required for projects with 100 or more units, or a master or specific plan with 100 or
more planned development units. Exception: RV storage is not required for
projects located within the RMH or RH land use desiqnations.
20 square feet per unit, not to include area required for driveways and approaches.
Developments located within master plans or residential specific plans may have
this requirement met by the common RV storage area provided by the master plan
or residential specific plan.
REF.
NO.
C.11,
cont.
G-4J
C.12
(1)
SUBJECT
Recreational
Vehicle (RV)
Storage (1>,
cont.
Storage
Space
TABLE C, CONTINUED
GENERAL DEVELOPMENT STANDARDS
DEVELOPMENT STANDARD
RV storage areas shall be designed to accommodate recreational vehicles of
various sizes (i.e. motorhomes, campers, boats, personal watercraft, etc.).
The storage of recreational vehicles shall be prohibited in the front yard setback and
on any public or private streets or any other area visible to the public. A provision
containing this restriction shall be included in the covenants, conditions and
restrictions for the project. All RV storage areas shall be screened from adjacent
residences and public rights-of-way by a view-obscuring wall and landscaping.
480 cubic feet of separate storage space per unit.
If all storage for each unit is located in one area, the space may be reduced to 392
cubic feet.
Required storage space shall be separately enclosed for each unit and be
conveniently accessible to the outdoors.
Required storage space may be designed as an enlargement of a covered parking
structure provided it does not extend into the area of the required parking stall, and
does not impede the ability to utilize the parkinq stall (for vehicle parkinq).
A garage (12'x20' one-car, 20'x20' two-car, or larger) satisfies the required storage
space per unit.
This requirement is in addition to closets and other indoor storaqe areas.
This standard does not apply to housing for senior citizens (see Chapter 21.84 of this code).
21.45.070
A.
Development standards for one-family dwellings and twin-homes on small lots.
In addition to the general development standards found in Table C, planned
developments that include one-family dwellings or twin-homes on small lots shall
comply with the following development standards found in Table D, One-Family
Dwellings and Twin-Homes on Small Lots.
TABLED
ONE-FAMILY DWELLINGS AND TWIN-HOMES ON SMALL LOTS
Ref. SUBJECT DEVELOPMENT STANDARD No.
Livable Must comply with city council Policy 66, Principles for the Development of Livable D.1 Neighborhood
Policy Neighborhoods.
D.2 Architectural Must comply with city council Policy 44, Neighborhood Architectural Design
Requirements Guidelines.
One-family 5,000 square feet (one dwelling per lot) dwellings
Twin-homes 3,750 square feet (one dwelling per lot)
3,500 square feet (one-family or twin-home -one dwelling per lot)
when either:
1. The project site contains sensitive biological resources as
Minimum Lot identified in the Carlsbad habitat management plan; or
D.3 Area 2. The site has a general plan designation of RMH and unique
Exception circumstances such as one of the following exists:
a. The project is for lower income or senior citizen housing;
b. The site is located west of Interstate 5;
c. The dwelling units are designed with alley-loaded garages; or
d. The site is either located contiguous to a Circulation Element
roadway or within 1200 feet of a commuter rail/transit center,
commercial center or employment center.
TABLED, CONTINUED
ONE-FAMILY DWELLINGS AND TWIN-HOMES ON SMALL LOTS
Ref. SUBJECT DEVELOPMENT STANDARD No.
1 story homes 60% of the net pad area
45% of the net pad area for all lots in a project, if the minimum lot
Maximum Lot 2 story homes area in the project is 5,000 square feet or greater.
D.4 50% of the net pad area for all lots in a project, if the minimum lot Coverage area in the project is less than 5,000 square feet.
Porches with no livable space above the porch, and porte-cocheres no more than
20 feet in width and 6 feet in depth are exempt from lot coverage requirements.
One-family dwellings on lots equal to 50 feet (35 feet when a lot is located on a
cul-de-sac, or the curved portion of a or greater than 5,000 square feet sharply curved streeVdrive-aisle)
D.5 Minimum Lot 40 feet (35 feet when a lot is located on a Width (1l One-family dwellings on lots less than cul-de-sac, or the curved portion of a 5,000 square feet sharply curved streeVdrive-aisle)
Twin-homes 35 feet
Minimum Lots located on the curved portion of sharply curved streets/drive-aisles or cul-de-D.6 Street/Drive-
Aisle Frontage sacs: 25 feet.
Minimum Residential
Setback from structure 10 feet
D.7 a Private
or Public Direct entry 20 feet Street(2l (3) garage
Residential 5 feet, fully landscaped (walkways providing access to dwelling Minimum structure entryways may be located within required landscaped area)
D.8 Setback from 3 feet a
Drive-Aisle~ Garage Garages facing directly onto a drive-aisle shall be equipped with
an automatic garage door opener.
Each interior side yard setback shall be a
Residential minimum of 10% of the lot width; provided that
structure each side yard setback is not less than 5 feet,
and need not exceed 10 feet.
Option Located on the front Same as required for
half of the lot residence. 1 Located on the rear One-family Garage half of the lot Need not exceed 5 feet
Minimum dwellings Any second story living space above a garage
D.9 Interior Side shall observe the same interior side yard
Yard Setback setback required for the residence.
Residential One interior side yard setback may be reduced
Option structure to O feet (zero lot line); provided the other side
2 and Garage yard setback is a minimum of 20% of the lot
width, and need not exceed 20 feet.
One side yard -0 feet (the side yard where the dwellings on
Twin-homes each lot are attached).
The other side yard setback shall be a minimum of 20% of the lot
width, and need not exceed 20 feet.
Minimum Residential 20% of lot width, provided the rear yard setback is not less than
Rear Yard structure 1 O feet, and need not exceed 20 feet.
Setback 5 feet from rear property line
(where the Garage D.10 rear property (located on the line does not rear half of the Any second story living space above a garage shall observe the
front on a lot) same rear yard setback required for "residence", above.
street or
drive-aisle)
Ref.
No.
D.11
D.12
D.13
D.14
D.15
\I/
(2)
(3)
(4)
(5)
(6)
(7)
TABLED, CONTINUED
ONE-FAMILY DWELLINGS AND TWIN-HOMES ON SMALL LOTS
SUBJECT DEVELOPMENT STANDARD
Maximum
Building
Same as required by the underlying zone, and not to exceed two stories <5) Heightl
Number of
Stories
Minimum total area per unit 400 square feet (may consist of
more than one recreational space)
Minimum dimension of recreational space 15 feet
Required private recreational space shall be located at ground level and designed
so as to be functional, usable, and easily accessible from the dwelling it is
intended to serve, and shall not have a slope qradient qreater than 5%.
Required private recreational space shall not be located within front yard setback
areas, and may not include any driveways, parking areas, storage areas, or
walkways (except those walkways that are clearly integral to the design of the
Private recreation area).
Recreational Open or lattice-top patio covers may be located within the required private
Space recreation space (provided the patio cover complies with all applicable standards,
including the required setbacks specified in Section 21.45.090).
Attached solid patio covers and second story decks/balconies may project into a
required private recreational space, subject to the following:
• The depth of the projection shall not exceed 6 feet (measured from the wall of
the dwelling that is contiguous to the patio/deck/balcony).
• The length of the projection shall not be limited, except as required by any
setback or lot coverage standards.
• The patio cover/deck/balcony shall comply with all applicable standards,
including the required setbacks specified in Section 21.45.090.
Resident 2 spaces per a two-car garage (minimum 20 feet x 20 feet), or
Parking unit, provided
as either:<6) 2 separate one-car garages (minimum 12 feet x 20 feet each)
No more than 20% of the total project units may include garages with doors for 3
or more cars-in-a-row that directly face the street, including garages constructed
as 3 one-car garages located adjacent to each other, or constructed as a two-car
Garages for 3 garage separated from a one-car garage with all garage doors directly parallel to
or more cars-the street.
in-a-row Garages that are recessed 20 feet or more back from the forward-most plane of
the house shall not be subject to the 20% 3-car garage limitation stated above.
Garages with doors for 3 or more cars in-a-row shall not be permitted on lots less
than 5,000 square feet in area.
Driveways Driveways for side-loaded garages must be enhanced with decorative pavement
to improve appearance.
Lot width 1s measured 20' behind the front property line.
See Table C in Section 21.45.060 for required setbacks from an arterial street.
Building setbacks shall be measured from one of the following (whichever is closest to the building):
a) property line; orb) the outside edge of the required street right-of-way width.
Building setbacks shall be measured from one of the following (whichever is closest to the building):
a) property line; b) the outside edge of the required drive-aisle width; c) the back of sidewalk; or d)
the nearest side of a parking bay located contiguous to a drive-aisle (excluding parking located in a
driveway in front of a unit's garage).
If a project is located within the Beach Area Overlay Zone, building height shall be subject to the
requirements of Chapter 21.82 of this code.
The required resident parking within the R-W zone shall be 2 spaces/unit, 1 of which must be
covered. Any uncovered required parking space in the R-W zone may be located within a required
front yard setback and may be tandem.
Garage location standards do not apply to projects where all garages are alley loaded.
21.45.080
A.
Development standards for condominium projects.
In addition to the general development standards found in Table C, condominium
projects shall comply with the following development standards listed in Table E,
Condominium Projects.
REF. SUBJECT NO.
Livable
E.1 Neighborhood
Policy
E.2 Architectural
Requirements
E.3 Maximum
Coverage
Maximum
E.4 Building
Height
TABLE E
CONDOMINIUM PROJECTS
DEVELOPMENT STANDARD
Must comply with city council Policy 66, Principles for the Development of Livable
Neighborhoods.
One-family Must comply with city council Policy 44, Neighborhood and two-family Architectural Design Guidelines dwellinqs
There shall be at least three separate building planes on all
building elevations. The minimum offset in planes shall be 18
inches and shall include, but not be limited to, building walls,
windows, and roofs.
All building elevations shall incorporate a minimum of four
complimentary design elements, including but not limited to:
• A variety of roof planes;
• Windows and doors recessed a minimum of 2 inches;
• Decorative window or door frames; Multiple-tam ily • Exposed roof rafter tails; dwellings • Dormers;
• Columns;
• Arched elements;
• Varied window shapes;
• Exterior wood elements;
• Accent materials such as brick, stone, shingles, wood, or
siding;
• Knee braces; and
• Towers.
60% of total project net developable acreage.
Same as required by the underlying zone, and not to exceed three stories
(1)
Projects 40 feet, if roof pitch is 3:12 or greater
within the RH 35 feet, if roof pitch is less than 3: 12 general plan
designation(1l Building height shall not exceed three stories
REF. SUBJECT NO.
Minimum
E.5 Building
Setbacks
Minimum
E.6 Building
Separation
Resident E.7 Parking (Bl
TABLE E, CONTINUED
CONDOMINIUM PROJECTS
DEVELOPMENT STANDARD
From a private Residential structure 10 feet
or public
street(2>(3> Direct entry garage 20 feet
Residential structure (all 5 feet, fully landscaped (walkways
providing access to dwelling floors, except as entryways may be located within specified below) required landscaped area)
Residential structure -2nu 0 feet when projecting over the front & 3rd floors directly above
a garage of a garage.
3 feet
Garage Garages facing directly onto a drive-
From a drive-aisle shall be equipped with an
aisle(4> automatic garage door opener.
0 feet
Mal£ cantilever over a drive-aisle1
i nd & 3!!!. floor
erovided the balcon)l/deck
comelies with all other aeelicable
balconies/decks reguirements1 such as:
(unenclosed and • Setbacks from eroeert)l lines · uncovered) • Building seearation
• Fire and Engineering
Deoartment reauirements
From the perimeter property The building setback from an interior side or rear
lines of the project site perimeter property line shall be the same as
(not adjacent to a required by the underlying zone for an interior side
public/private street) or rear yard setback.
10 feet
If a project is located within the RH general plan designation,
resident parking shall be provided as specified below, and may
All dwelling
also be provided as follows:
• 25% of the units in the project may include a tandem two-car types garage (minimum 12 feet x 40 feet).
• Calculations for this provision resulting in a fractional unit may
be rounded up to the next whole number.
2 spaces per unit, provided as either:
One-family • a two-car garage (minimum 20 feet x 20 feet), or
and two-family • 2 separate one-car garages (minimum 12 feet x 20 feet each)
dwellings • In the R-W Zone, the 2 required parking spaces may be
provided as 1 covered space and 1 uncovered space (5>
1.5 spaces per unit, 1 of which must be covered (5>
Studio When calculating the required number of
Multiple-family and one-parking spaces, if the calculation results in a
dwellings bedroom fractional parking space, the required number
units of parking spaces shall always be rounded up
to the nearest whole number.
REF. SUBJECT NO.
Multiple-Resident E.7 Parkin~, family
Cont. dwellings, cont.( cont.
One-family1
two-family1
and
multiele-
family
dwellinas
One-family1
two-family1
and
multiele-
family
dwellings1
cont.
Private E.8 Recreational
Space
One-family
and two-
family
dwellings
TABLE E, CONTINUED
CONDOMINIUM PROJECTS
DEVELOPMENT STANDARD
2 spaces per unit, provided as either:
• a one-car garage ( 12 feet x 20 feet) and 1
covered or uncovered space; or (5>
Units with • a two-car garage (minimum 20 feet x 20 feet), or
two or • 2 separate one-car garages (minimum 12 feet x
more 20 feet each)
bedrooms • In the R-W Zone and the Beach Area Overlay
Zone, the 2 required parking spaces may be
provided as 1 covered space and 1 uncovered
space (5>
Required parking may be provided within an enclosed parking
garage with multiple, open parking spaces, subject to the
following:
• Each parking space shall maintain a standard stall size of 8.5
feet by 20 feet, exclusive of supporting columns; and
• A backup distance of 24 feet shall be maintained in addition
to a minimum 5 feet turning bump-out located at the end of
any stall series.
Required resident parking spaces shall be located no more than
150 feet as measured in a logical walking path from the entrance
of the units it could be considered to serve.
Reguired erivate recreational seace shall be designed so as
to be functional1 usable1 and easily accessible from the
dwellina it is intended to serve.
Reguired erivate recreational seace shall be located
adjacent to the unit the area is intended to serve.
Reguired erivate recreational seace shall not be located
within any reguired front yard setback area1 and may not
include any driveways1 earking areas1 storage areas1 or
common walkways.
400 square feet
Projects not within the (fflay GOASist of
RMH or RH general elan FflOF0 thaA ORO
Minimum total designations rosroational
area per unit ~---~\ -Projects within the RMH
or RH general elan 200 sguare feet
desianations
May consist of more than one recreational seace.
May be erovided at ground level and/or as a deck/balcony
on a second/third floor or roof.
Miniffll:lffl
Elirnonsien ef
rosroatienal 4-a-feet
~
REF. SUBJECT NO.
One-family
Private and two-E.8,
cont. Recreational family
Space, cont. dwellings,
cont.
TABLE E, CONTINUED
CONDOMINIUM PROJECTS
DEVELOPMENT STANDARD
Not within the RMH or
RH general elan 15 feet
If erovided at Minimum desianations
ground level dimension Within the RMH or RH
general elan 10 feet
desianations
Shall not have a sloee gradient greater than
5%.
Attached solid eatio covers and second
sto!'.Y decks/balconies ma)£ eroject into a
reguired erivate recreational seace1 subject
to the following:
• The deeth of the erojection shall not
exceed 6 feet {measured from the wall of
If erovided at the dwelling that is contiguous to the
ground level, eatio/deck/balcon)l}.
cont.
The length of the erojection shall not be
limited1 exceet as reguired bl£ an)£ setback
or lot coveraae standards.
Oeen or lattice-toe eatio covers mall be
located within the reguired erivate
recreation seace {erovided the eatio cover
comelies with all aeelicable standards1 includina the reauired setbacks\.
If erovided as
a deck/ Minimum dimension 6feet
balcon)l on a
second/third Minimum area 60 sguare feet
floor or roof
ReEtl:liFee 13Fii.<ate FeeFeatieRal spaee sl:iall 00 leeatee at gFel:lR9
lei.<el aRe eesi§Ree se as ta 00 fl:lRetieRal, 1:Jsa0le, aRe easily
aeeessi0le frem tl:ie 9'NelliR§ it is iRteReee ta seFi.<e, aRe sl:iall Rat
h-•·-~ ...,, __ . -..... __ ,::;01_
,_ --.::,·--·-"1" ···--v•
ReEtl:liFee 13Fii.<ate FeeFeatieRal spaee sl:iall 00 leeatee aejaeeRt ta
tl:ie l:lRit tl:ie aFea is iRteReee ta seFi.<e.
ReEJl:liFee wivate FeeFeatieRal spaee sl:iall Rat 00 leeatee witl:iiR
aRy reEJl:lired freRt yard setback area, aRd may Rat iRGll:lde aRy
rl-'· ·-· ·-~ -----" .. -·----J-1 •• ':-J -· -,--.-i--· ' ----·
GpeR 9F lattiee tap patie eevers may 90 lecatee WitAiR tl=le
F9€tl:liF99 13Fii.<ate F0GFeatieR spaee (13F91,1i909 tl=le 13atie 69';<9F
eem13lies witl=I all a1313liea0le staReaFes, iRGll:l9iR§ tl=le F0EJl:liFed
~-•1...--1,~\ .. _.
Attacl=!ed selie patie eevers aRe seceRd stery deekst0alceRies
may 13rejeet iRte a FSEJl:lired 13rivate reeFeatieRal s13ace, sl:lt)jeet ta
tl:ie fellewiRg:
• +l=le de13tl=I ef tl=le 13rejeetieR sl:iall Rat exeeee e feet (FAeasl:lred
frem tl=le wall ef tl:ie d'NelliRg tl=lat is G9Rtigl:l91:l6 ta tl=le
13atie,teeek,l0aleeRy).
• +l:ie leRgtl:i ef tl:ie prejeetieR sl:iall Rat 00 limited, exeept as
F9EJl:liree 0y aRy set0aek er let ee,.,era§e staReares.
+l=le 13atie ee¥erideek,lealeeRy sl:iall eem13ly witl=I all a13131ieaele
staRdards, iRcll:ldiRg tl=le FSEJl:lired set0aeks s13eeified iR SeetieR
2~ .4§.QQQ.
REF.
NO.
E.8,
cont.
\I)
(2)
(3)
(4)
(5)
(6)
SUBJECT
Private Multiple-
Recreational family
Space, cont. dwellings
TABLE E, CONTINUED
CONDOMINIUM PROJECTS
DEVELOPMENT STANDARD
Minimum total area per unit 60 square feet (patio, porch, or balcony)
Minimum dimension of 6 feet patio, porch or balcony
Re~l:liFee pFivate FesFeatieAal spase sl=lall 13e fl:IAstieAal, l:lsal3Ie, __ ..., ---"· -a ... ,_ &---•""-...,, ,,. ;+ '"' • ·-·--· -"J ·---.. --'"1 ·-.. ··-·--·
Projects of 11 or more units that are within the RH general
plan designation may opt to provide an additional 75 square feet
of community recreation space per unit (subject to the standards
specified in Table C of this Chapter), in lieu of providing the per
unit private recreational space specified above.
If a project is located within the Beach Area Overlay Zone, building height shall be subject to the
requirements of Chapter 21.82 of this code.
See Table C in Section 21.45.060 for required setbacks from an arterial street.
Building setbacks shall be measured from the outside edge of the required street right-of-way width,
whichever is closest to the building.
Building setbacks shall be measured from one of the following (whichever is closest to the building):
a) the outside edge of the required drive-aisle width; b) the back of sidewalk; or c) the nearest side
of a parking bay located contiguous to a drive-aisle (excluding parking located in a driveway in front
of a unit's garage).
Any uncovered required parking space in the R-W zone may be located within a required front yard
setback and may be tandem.
This standard does not apply to housing for senior citizens (see Chapter 21.84 of this code).
21.45.090
A.
1.
Residential additions and accessory uses.
General.
Additions and accessory uses shall be subject to all applicable development
standards of this chapter, unless otherwise specified in this section.
2.
B.
1.
2.
Enlargement of buildings that are legally non-conforming by reason of
inadequate setbacks is permitted, provided that such enlargement does not
increase the floor space more than 40% of that existing prior to such
enlargement, and that the new addition complies with the setbacks and lot
coverage requirements of this chapter.
One-family dwellings and twin-homes on small lots.
Table F lists the provisions for residential additions and accessory uses to one-
family dwellings and twin-homes on small lots.
The additions and accessory uses listed in Table F shall be subject to the
approval/issuance of a building permit.
TABLE F
RESIDENTIAL ADDITIONS AND ACCESSORY USES
TO ONE-FAMILY DWELLINGS AND TWIN-HOMES ON SMALL LOTS
Minimum Minimum
Addition/Accessory Use Front Yard Setback Side and Rear Yard
Setbacks
Attached/detached patio covers (2) 10 feet to posts (2-foot 5 feet to posts (2-foot
overhang permitted) overhang permitted)
Pool, spa 20 feet 5 feet-pool
2 feet-spa
Non-habitable detached accessory buildings/
structures (e.g., garages, workshogs, decks over 20 feet 5 feet
30 inches in heiqht) (1> ( > (3)
TABLE F, CONTINUED
RESIDENTIAL ADDITIONS AND ACCESSORY USES
TO ONE-FAMILY DWELLINGS AND TWIN-HOMES ON SMALL LOTS
Habitable detached accessory buildings bi.e. ~uest
houses and second dwelling units) (Z (3l( Same setbacks as required for the primary dwelling
\I)
(2)
(3)
(4)
Additions to dwelling (attached) Same setbacks as required for the dwelling
Maximum building height is 1 story and 14 feet with a 3:12 roof pitch or 10 feet with less than a 3:12
roof pitch.
Minimum 10-foot separation required between a habitable building and any other detached
accessory building/structure.
Must be architecturally compatible with the existing structure.
Second dwelling units are subject to Section 21.10.030.
C.
1.
Condominium projects.
Additions and accessory uses to condominium projects shall be subject to
Section 21.45.100 (amendments to permits).
21.45.100
A.
B.
1.
Amendments to permits.
Amendments to a permit may be initiated by the property owner or an authorized
agent, or by motion of the city council.
Minor Amendment.
A project revision may be considered and approved as a minor amendment only
if all of the following findings are made:
a.
b.
C.
d.
e.
f.
i.
ii.
g.
2.
a.
b.
3.
a.
The proposed revision does not increase the density (i.e., the addition of units);
The proposed revision does not decrease the density by more than 10%, and
provided the density is not decreased below the minimum density of the
underlying residential land use designation of the General Plan;
The proposed revision does not change the boundary of the subject property;
The proposed revision does not involve the addition of a new land use not shown
on the original permit (e.g., adding a commercial use to a residential project,
replacing single-family units with attached residential units, vice versa for each
example, etc);
The proposed revision does not rearrange the major land uses within the
development (e.g., it does not exchange the locations of single-family units with
attached units);
The proposed revision does not create changes of greater than 10%, provided
that compliance will be maintained with the applicable development standards of
this code as follows:
Per individual lot or structure basis: Building floor· area, coverage or height
(except that height reductions of more than 10% are permitted);
On an aggregate project basis: Parking, open space, recreation or landscaping
areas;
The proposed revision is architecturally compatible with existing structures within
the development.
Application Process.
The application for a minor amendment shall be made in writing on the form
provided by the planning department and shall be accompanied by the required
fee.
The application shall include amended exhibits, graphics, statements or other
information as may be required to explain and justify the request;
Notice.
If the planning director considers the amendment minor in nature the planning
director shall give written notice by mail or personal delivery to all property
owners within 100 feet of the subject property, as shown on the latest equalized
assessment role, at least 15 days prior to a decision on an application;
4.
a.
C.
1.
2.
3.
21.45.110
A.
1.
B.
1.
2.
C.
1.
D.
1.
2.
21.45.120
A.
B.
21.45.130
Effective date of order.
The effective date of the planning director's decision and method for appeal of
such decision shall be governed by Section 21.54.140 of this code;
Major Amendment.
Any other revision to a project that does not meet the criteria for a minor
amendment, as described in subsection "B.1" of this section, shall be considered
a major amendment.
An application for a major amendment of a planned development permit shall be
processed, heard and determined in the same manner as an application for a
planned development permit.
When necessary, the amendment shall be accompanied by an amendment to the
corresponding parcel map or tentative map.
Conversion of existing buildings to planned developments.
Applicability.
Any application for the conversion of existing buildings to a planned development
(e.g., converting apartments to condominiums) shall be subject to all provisions
of this chapter.
Building Plans and Gas/Electric Plan.
An application for conversion of an existing structure to a planned development
shall include building plans indicating how the building relates to present building
and zoning regulations and where modifications will be required.
Also, the application shall include a letter from San Diego Gas and Electric
explaining that the plans to connect the gas and electric system to separate
systems are acceptable.
Conversions within the Coastal Zone.
The conversion of existing residential units within the Coastal Zone that are
occupied by persons or families of low or moderate income shall be subject to
the requirements of Section 65590 of the California Government Code.
Notice to Tenants and Findings.
Each prospective and existing tenant of the proposed condominium project shall
be given written notice of the proposed conversion in accordance with Sections
66452.8 and 66452.9 of the California Government Code (Subdivision Map Act);
and
In addition to all other required findings for a subdivision, the city council shall
make all of the findings set forth in Section 66427.1 of the California Government
Code (Subdivision Map Act).
Expiration, extension and revisions.
The expiration, extension or revision of a planned development of four or less
lots or units shall be governed by the provision of Section 20.24.160, 20.24.180
and 20.24.080 of this code.
The expiration, extension or revision of a planned development of five or more
lots or units shall be governed by the provisions of Sections 20.12.100,
20.12.110 and 20.12.120 of this code.
Proposed common ownership land or improvements.
A. Where a planned development contains any land or improvement proposed to be
held in common ownership, the applicant shall submit a declaration of covenants,
conditions and restrictions (CC&Rs) with the final map. 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.
B. The CC&Rs shall include provisions:
1. For maintenance of all common areas, payment of taxes and all other privileges
and responsibilities of the common ownership.
2. Prohibiting the homeowners' association from quitclaiming land in an association
easement for ownership to private property owners thus allowing the
homeowners to privatize a common area for his own use.
C. The CC&Rs shall be reviewed by and subject to approval of the planning
director.
21.45.140
A.
21.45.150
A.
1.
2.
B.
1.
2.
C.
1.
a.
b.
2.
3.
a.
b.
C.
D.
1.
Maintenance.
All private streets, walkways, parking areas, landscaped areas, storage areas,
screening sewers, drainage facilities, utilities, open space, recreation facilities
and other improvements not dedicated to public use shall be maintained by the
property owners. Provisions acceptable to the planning director shall be made
for the preservation and maintenance of all such improvements prior to the
issuance of building permits.
Failure to maintain.
Public Nuisance.
All commonly-owned lots, 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 if it endangers the
health, safety and general welfare of the public and is a detriment to the
surrounding community.
Removal of Public Nuisance.
In addition to any other remedy provided by law for the abatement, removal and
enjoinment of such public nuisance, the community development director or
public works director 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.
Notice of Maintenance Required.
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; and
Any person known to be responsible for the maintenance or repair of the
common areas and facilities of the project under an indenture or agreement.
At least one copy of such notice shall be posted in a conspicuous place on the
premises.
The notice shall particularly specify:
The work required to be done; and
That the work must be commenced within 30 days after receipt of such notice,
and diligently and without interruption prosecuted to completion; and
If upon the expiration of the 30 day period, the work is not commenced and being
performed with diligence, the city shall cause such work to be done; in which
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.
Upon completion of such work, the community development director or public
works director 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 the cost is to be assessed.
Written notice shall be provided to all persons specified in subsection C.1 of this
section of the hour and place that the city council will pass upon the written report
a.
E.
1.
a.
b.
C.
21.45.160
A.
B.
21.45.170
A.
and will hear any protests against the assessments shall be provided. Such
notice shall also set forth the amount of the proposed assessment.
Upon the date and hour set for the hearing, the city council shall hear and
consider the report and any protests before proceeding to confirm, modify or
reject the assessments.
A list of assessment as finally confirmed by the city council shall be sent to the
city treasurer for collection.
If any assessment is not paid within ten 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, in a form approved by the city attorney.
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 have priority according to law.
Model homes.
Except for model homes, building permits for construction within the proposed
planned development shall not be issued until a final subdivision map has been
recorded for the project.
A maximum of six model home units may be constructed prior to recordation of
the final map, provided that adequate provision acceptable to the planning
director and city attorney are made guaranteeing removal of such complex if the
final map is not recorded.
Restriction on reapplication for planned development permit.
The restrictions on the reapplication for a planned development permit are
specified in Section 21.54.130 of this code.
The following text reflects the Beach Area Overlay Zone chapter as approved by City Council on
February 20, 2007, including the California Coastal Commission's suggested modifications shown in
strike out/bold-underline.
21.82.010
21.82.020
21.82.030
21.82.040
21.82.050
21.82.060
21.82.070
21.82.080
21.82.010
A.
1.
2.
3.
4.
21.82.020
A.
21.82.030
A.
21.82.040
A.
21.82.050
A.
Chapter 21.82
BEACH AREA OVERLAY (BAO) ZONE
Intent and purpose.
Application.
Permitted uses.
Site development plan required.
Building height.
Parking.
Dwelling units per lot.
Approved projects.
Intent and purpose.
The intent and purpose of the beach area overlay (BAO) zone is to supplement the
underlying residential zoning by providing additional regulations for development
within designated beach areas to:
Ensure that development will be compatible with surrounding developments, both
existing and proposed, in the beach area;
Provide for adequate parking as needed by residential projects;
Ensure that adequate public facilities will exist to serve the beach area;
Protect the unique mix of residential development and aesthetic quality of the area.
Application.
The beach area overlay zone shall apply to any residentially zoned property within
the area bounded by the AT&SF Railroad right-of-way to the east, the Pacific Ocean
to the west, Buena Vista Lagoon to the north and Agua Hedionda Lagoon to the
south.
Permitted uses.
In the beach area overlay zone, any principal use, accessory use, transitional use or
conditional use permitted in the underlying zone is permitted subject to the same
conditions and restrictions applicable in such underlying zone and to all of the
requirements of this chapter.
Site development plan required.
No building permit or other entitlement shall be issued for any use in the beach area
overlay zone unless there is a valid site development plan approved for the property
processed pursuant to Section 21.06 (Q-Overlay Zone) of this code. When a
development requires a conditional use permit or is processed pursuant to Chapter
21.45 of this code, a site development plan is not required unless the planned
development is for four or less units in which case a site development plan shall be
processed. Further, a site development plan is not required for the construction,
reconstruction, alteration or enlargement of a single-family residential dwelling on a
residentially zoned lot.
Building height.
No newly constructed, reconstructed, altered or enlarged residential structure within
the beach area overlay zone shall exceed thirty feet and t\vo stories if a minimum ef
21.82.060
A.
B.
C.
1.
this title. Underground parking areas and basements shall not be oonsidered a story.
In the ease of underground parking as defined in Seotion 21.04 .370 of this title, or
basements as defined in Seotion 21.04.045 of this title, building height shall be
measured from the existing grade.
Parking.
With the exception of the parking standards specified in this section, the parking
standards specified in Chapter 21.44 shall apply.
The parking standards specified in Chapter 21.45 shall apply to planned
developments within the BAO zone.
Visitor Parking.
Visitor parking shall be provided for all residential development, as follows:
TABLE A
NUMBER OF VISITOR PARKING SPACES REQUIRED
Number of Units Amount of Visitor Parking
Projects with 10 dwellinq units or less A .30 space per each unit or fraction thereof.
Projects with 11 units or more A .25 space per each unit or fraction thereof.
2.
3.
a.
b.
i.
ii.
iv.
4.
5.
21.82.070
A.
When calculating the required number of parking spaces, if the calculation results in
a fractional parking space, the required number of parking spaces shall always be
rounded up to the nearest whole number.
Required visitor parking may be provided within driveways, subject to the following:
One required visitor parking space may be credited for each driveway in a project
that has a depth of 40 feet or more.
If all streets within and/or adjacent to the project allow for on-street parking on both
sides of the street, then visitor parking may be located in a driveway, subject to the
following:
All required visitor parking may be located within driveways, provided that all dwelling
units in the project have driveways with a depth of 20 feet or more.
If less than 100% of the driveways in a project have a depth of 20 feet or more, then
a .25 visitor parking space will be credited for each driveway in a project that has a
depth of 20 feet or more (calculations resulting in a fractional parking space credit
shall always be rounded down to the nearest whole number).
The minimum 20-foot driveway depth required for visitor parking applies to driveways
for front or side-loaded garages, and is measured from the property line, back of
sidewalk, or from the edge of street pavement, whichever is closest to the structure.
Up to 55% of the visitor parking may be provided as compact spaces (eight feet by
fifteen feet);
No credit will be given for on-street parking to satisfy any of the parking requirements
above.
Approved projects.
This chapter shall not apply to projects having received final discretionary approval,
pursuant to Titles 20 and 21 both, from the City of Carlsbad prior to June 26, 1985. If
projects exempted above have not commenced construction and made substantial
progress towards completion by June 26, 1987, then this chapter shall apply to those
projects at that time.
The following text reflects the Parking chapter as approved by City Council on February 20,
2007. The California Coastal Commission did not suggest any modifications to this chapter.
21.44.010
21.44.020
21.44.030
21.44.040
21.44.050
21.44.060
21.44.070
21.44.080
21.44.090
21.44.100
21.44.010
A.
1.
2.
a.
3.
B.
C.
21.44.020
A.
B.
Residential
Uses
Chapter 21.44
PARKING
Required off-street parking.
Off-street parking spaces required.
Parking requirements for uses not specified.
Parking provisions may be waived by planning commission.
General requirements.
Off-street parking--Residential zones.
Comprehensive planned facilities.
Joint use of off-street parking facilities.
Common parking facilities.
Parking area plan.
Required off-street parking.
Off-street parking, designed in accordance with the requirements of this chapter,
shall be provided for:
All newly constructed buildings;
Additions to existing buildings, except for:
Additions or alterations to an existing one-family dwelling when the addition or
alteration results in less than 300 square feet of cumulative additional floor space
( over the amount of the original dwelling structure);
Any change of use within an existing building.
All required parking shall be made permanently available and be permanently
maintained for parking purposes.
When calculating the required number of parking spaces, if the calculation results
in a fractional parking space, the required number of parking spaces shall always
be rounded up to the nearest whole number.
Off-street parking spaces required.
The number of off-street parking spaces required for the uses or structures
designated in this section shall be no less than as set forth in Table A, below.
In the case of multiple uses in a building or on a lot, the total requirements for off-
street parking facilities shall be the sum of the requirements for the various uses
computed separately. Off-street parking facilities for one use shall not be
considered as providing required parking facilities for any other use except as
specified in Section 21.44.080 for joint use.
TABLE A
NUMBER OF OFF-STREET PARKING SPACES REQUIRED
USE NUMBER OF OFF-STREET PARKING SPACES
Two spaces per unit, provided as either:
• a two-car garage (minimum interior 20 feet x 20
One-family dwellings feet); or
• two separate one-car garages (minimum interior 12
feet x 20 feet each)
TABLE A, CONTINUED
NUMBER OF OFF-STREET PARKING SPACES REQUIRED
USE NUMBER OF OFF-STREET PARKING SPACES
Two-family dwellings Same as required for one-family dwellings
(apartments only), for
condominium projects Visitor parking Same as required for multiple-family
see "planned dwelling visitor parking.
developments"
Studio and 1.5 spaces/unit, one of which must one-bedroom
units be covered
Multiple-family Units with two 2 spaces/unit, one of whic~ must be or more dwellings ( apartments bedrooms covered
only), for condominium Projects with 10 A .30 space per projects see "planned units or fewer each unit. developments" Projects with 11 A .25 space per Visitor parking units or more each unit.
Visitor parking may be covered or
uncovered.
Residential 1 space (covered or uncovered), in addition to the
Uses, cont. parking required for the primary use (single, one-family
dwelling).
Second dwelling units The additional parking space may be provided through
tandem parking (provided that the one-family dwelling
garage is accessed by a driveway with a minimum
depth of 20 feet), or within the front yard setback.
Planned Developments See Chapter 21.45.
Fraternities 1.25 spaces for each sleeping room
Mobile Home Parks 2 spaces per unit, plus 1 visitor parking space for every
4 units
Residential Care 2 spaces, plus 1 space/three beds Facilities
RoominQ House 1 space for each sleepinQ room
1.5 covered spaces per unit, plus 1 covered space for
Housing for senior an onsite manager's unit (when provided), and 1 visitor
citizens parking space per every five units, subject to approval
of a site development plan.
Time-share projects 1.2 spaces per unit
Commercial, Bed and Breakfast 2 spaces, one of which must be covered for the
Industrial, Uses owner's unit, plus 1 space for each guest room.
and Other Bowlin!=! Alleys 6 per alley
Non-Delicatessen 1 space/250 square feet of gross floor area
Residential Driving Ranges 1 space/tee plus required parking for accessory uses Uses
TABLE A, CONTINUED
NUMBER OF OFF-STREET PARKING SPACES REQUIRED
USE NUMBER OF OFF-STREET PARKING SPACES
1 space/200 square
Medical Office feet of gross floor
area
1 space/250 square
Financial Institutions feet of gross floor
Financial Institutions area
and Professional 1 space/250 square
Offices Other office uses feet of gross floor
area
Office uses in the village 1 space/300 square redevelopment zone and feet of gross floor areas within 300 feet of its
boundary area
Furniture and 1 space/600 square feet of gross floor area Appliance Sales
Golf Courses 6 spaces/hole plus required parking for accessory
uses.
Gyms and Health Spas 1 space/200 square feet of gross floor area
Hospitals 3 spaces per bed, or 1/200 square feet of gross floor
area, whichever is greater. Commercial, Hotels and Motels 1.2 spaces per unit Industrial, Industrial building and Other ("spec" -no specific 1 space/250 square feet of gross floor area 1
Non-uses identified) Residential Libraries 1 space/200 square feet of gross floor area Uses, cont. Library Substations 1 space/250 square feet of gross floor area
1 space/400 square feet of gross floor area, plus 1
Manufacturing space for each vehicle used in conjunction with the
use
Mortuaries 1 space/50 square feet of assembly area
Sales 1 space/400 square feet of gross floor area
4 spaces for every work bay (up through three
Motor Vehicle Uses Repair work bays), plus 2 spaces per bay in excess o1
three bays. Workbays do not count as parking
spaces.
Museums 1 space/500 square feet of gross floor area
Professional Care .45 parking spaces per every bed Facilities
Public Assembly 1 space/5 seats, or 1 space/100 square feet of
assembly area, whichever is greater
Recreational Vehicle 1 space for every 10,000 square feet of storage area,
Storaqe Areas with a minimum of 3 spaces.
Research and 1 space/250 square feet of gross floor area
Development (R&D) Bio industrial R&D -1 space/300 square feet of gross
floor area
TABLE A, CONTINUED
NUMBER OF OFF-STREET PARKING SPACES REQUIRED
USE NUMBER OF OFF-STREET PARKING SPACES
Less than
4,000 1 space/100 square feet of gross floor
square feet area
Restaurants in size
4,000 40 spaces plus 1 space/50 square feet
square feet of gross floor area in excess of 4,000
or greater square feet.
Individual 1 space/300 square feet of gross floor
Retail Uses area.
Shopping 1 space/200 square feet of gross floor
Commercial, Center area 2
Industrial, Preschools/ 1 space/employee plus 1 space for
and Other Nurseries each 10 students, with an adequate
Non-loadinq and unloadinq area
Residential Elementary 1 space/employee, with an adequate
Uses, cont. Schools loadinq and unloadinq area
Schools High 1 space/employee plus 1 space for
each 10 students, with an adequate Schools loadinq and unloadinq area
Colleges, 1 space/employee plus 1 space for
Vocational each 3 students, with an adequate
Schools loading and unloading area
Theaters 1 space/5 seats
1 space/1,000 square feet of gross floor area, plus 1
Warehouse space for each vehicle used in conjunction with the
use
' ProJects proposing a "spec" industrial building may provide parking at manufacturing or warehouse
standards, provided a deed restriction is recorded on the property indicating that these uses on the
property will be retained and no other type of use creating a need for additional parking will be
permitted, unless more parking area is provided to meet city parking standards.
2 Uses permitted in the underlying zone may be allowed in under-parked shopping centers without the
need to provide additional parking, provided there is no expansion of floor area (this does not apply to
conditionally permitted uses).
21.44.030
A.
21.44.040
A.
21.44.050
A.
Parking requirements for uses not specified.
Where the parking requirements for a use are not specifically defined herein, the
parking requirements for such use shall be determined by the planning
commission, and such determination shall be based upon the requirements for
the most comparable use specified in this chapter.
Parking provisions may be waived by planning commission.
The planning commission may, by resolution, waive or modify the provisions as
set forth in this title establishing required parking areas for uses such as electrical
power generating plants, electrical transformer stations, utility or corporation
storage yards or other uses of a similar or like nature requiring a very limited
number of persons.
General requirements.
The following general requirements shall apply to all parking spaces and areas:
TABLE B
PARKING SPACES AND AREAS
Subject Requirement
Minimum area of 170 square feet
Standard parking Minimum width of 8.5 feet
Maximum overhang of 2.5 feet, provided the space overhang does not encroach into any required
landscape setback.
Parking space Minimum length of 24 feet, exclusive of
driveway/drive-aisle entrances and aprons size Parallel parking Minimum length of 20 feet if located immediately space adjacent to a driveway/drive-aisle apron
Minimum width of 7 feet
Compact parking Minimum width of 8 feet
Minimum length of 15 feet space No overhang permitted
Nonresidential · Up to 25% of the total required parking spaces may
zones be compact spaces.
Residential zones Up to 45% of the required visitor parking spaces may
be compact spaces.
Compact car spaces shall be located in separate
Compact parking aisles from standard sized spaces.
parking Aisles for compact car spaces shall be clearly
All zones marked with permanent pole signs denoting
"Compact Cars Only".
Compact car spaces shall be located in close
proximity to the facility they are intended serve, so as
to encourage their maximum usage.
30 and 45 One-way traffic 14 feet wide
degree parking Two-way traffic 24 feet wide
Minimum width 60 degree parking One-way traffic 18 feet wide
of aisles that Two-way traffic 24 feet wide
provide access 90 degree parking 24 feet wide
to parking 20 feet -where no vehicles pull into or back-out into a drive-aisle from a
spaces parking space.
Additional width may be required for vehicle/emergency vehicle
maneuvering area.
Circulation within a parking area must be such that a car entering the
Circulation parking area need not enter a street to reach another aisle and that a car
need not enter a street backwards. This provision shall not apply to off-
street parking required for one-family and two-family dwelling units.
For one-family, two-
family, and multiple-See Section 21.44.060.
family dwellings
Location of For other residential
required parking uses or care facilities Not more than 150 feet walking distance from the
(e.g., housing for nearest point of the parking facility to the nearest
senior citizens, point of the building that the parking facility is
hospitals, residential required to serve.
care facilities, etc.)
Subject
Location of
required
parking, cont.
Required
landscaping of
parking areas
Development
and
maintenance of
public or private
parking areas
with a capacity
for 5 or more
vehicles
TABLE B, CONTINUED
PARKING SPACES AND AREAS
Requirement
For uses other than Not more than 300 feet walking distance from the
those specified nearest point of the parking facility to the nearest
point of the building that the parking facility is above required to serve.
For purposes of required landscaping, the words
"parking area" shall include all blacktop or paved
areas, including access ways and areas.
At least 3% of the parking area shall be planted and
maintained with trees listed on the city's official street
tree list, or approved shrubs. Said trees or shrubs
For parking areas shall be:
having a capacity of • Contained in planting areas with a minimum
five or more vehicles dimension of 4 feet and bounded by a concrete or
( except parking masonry curb of a minimum of 6 inches in height;
provided for one-• Located throughout the off-street parking areas in
family and two-family order to obtain the maximum amount of
dwellings) dispersion.
All landscaped areas shall be served by a water
irrigation system and be supplied with bubblers or
sprinklers.
All plans for such landscaped areas shall be
approved by the planning director prior to the
construction and placement thereof.
Off-street parking areas shall be paved or otherwise
surfaced and maintained so as to eliminate dust or
Surfacing mud, and shall be so graded and drained as to
dispose of all surface water. In no case shall such
drainage be allowed across sidewalks or driveways.
Every parking area that is not separated by a fence
from any street or alley property line upon which it
abuts, shall be provided with a suitable concrete curb
or timber barrier not less than 6 inches in height, and
located not less than 2 feet from such street or alley
property lines, and such curb or barrier shall be
securely installed and maintained; provided no such
curb or barrier shall be required across any driveway
or entrance to such parking area.
Every parking area abutting property located in a
Border Barricades, residential zone shall be separated from such
Screening, and property by a solid wall, view-obscuring fence or
Landscaping compact evergreen hedge 6 feet in height measured
from the grade of the finished surface of such parking
lot closest to the contiguous residentially zoned
property; provided, that along the required front yard,
the fence, wall or hedge shall not exceed 42 inches in
height. No such wall, fence or hedge need be
provided where the elevation of that portion of the
parking area immediately adjacent to a residential
zone is 6 feet or more below the elevation of such
residentially zoned property along the common
property line.
Subject
Development and
maintenance of
public or private
parking areas
with a capacity for
5 or more
vehicles, cont.
Parking areas for
commercial or
office/professional
uses in R-3, R-P
and R-T zones
TABLE B, CONTINUED
PARKING SPACES AND AREAS
Requirement
Any lights provided to illuminate any public parking
Border Barricades, area, semi-public parking area or used car sales area
Screening, and permitted by this chapter shall be so arranged as to
Landscaping, cont. reflect the light away from any premises upon which
a dwellinq unit is located.
The location and design of all entrances and exits
shall be subject to the approval of the planning
Entrances director or other designated person, provided no
and Exits entrance or exit, other than on or from an alley, shall
be closer than 5 feet to any lot located in a residential
zone.
No parking lot to be used as an accessory to a commercial or
office/professional establishment shall be established until reviewed by the
planning commission and its location approved. Such approval may be
conditioned upon the commission's requiring the planting and/or
maintenance of trees, shrubs or other landscaping within and along the
borders of such parking area.
The parking lot shall be no farther than 50 feet when measured from its
closest boundary to the commercial or office/professional establishment to
which it is accessory.
Such parking lot shall be used solely for the parking of private passenger
vehicles.
21.44.060
A.
1.
Off-street parking--Residential zones.
2.
In all residential zones the following parking regulations shall apply:
Garages, parking stalls, carports and RV parking spaces (excluding those in
approved RV parking lots) shall be for the exclusive use of the residents only and
shall not be separately sold or rented to nonresidents of the property.
Required parking spaces for dwelling units shall be located subject to the
following:
TABLE C
LOCATION OF REQUIRED PARKING SPACES IN RESIDENTIAL ZONES
Parking Location Standards For Required Parking Spaces Required For:
Required parking spaces shall be located on the same lot or
buildinq site as the buildinqs they are required to serve.
One-family, Required parking shall not be located within the front yard
Two-family, All dwelling setback.
and Required uncovered parking spaces may be located within the
Multiple-family types side and/or rear yard setback, provided that a 6 foot-high
dwellings masonry wall (or some other solid material approved by the
decision-making authority) is built along the property line adjacent
to the setback area.
TABLE C, CONTINUED
LOCATION OF REQUIRED PARKING SPACES·IN RESIDENTIAL ZONES
Parking
Required For:
One-family,
Two-family,
and
Multiple-family
dwellings,
cont.
Multiple-
family
dwellings
Visitor
parking for
two-family
Location Standards For Required Parking Spaces
Required parking spaces shall be located no more than 150 feet
as measured in a logical walking path from the entrance to the
unit it could be considered to serve.
Same as parking required for primary residential use, with the
following exception:
• Required visitor parking need not be located within a
garage.
• Required visitor parking spaces shall be not more than 300
feet walking distance to the unit the parking space is
required to serve.
and multiple-•
family
dwellings
For projects with 10 or fewer units (outside the Beach Area
Overlay Zone), all required visitor parking may be located
within driveways (located in front of a unit's garage),
provided that all dwelling units in the project have driveways
with a depth of 20 feet or more (measured from the front
property line, back of sidewalk, or edge of drive-aisle,
whichever is closest to the structure}.
Same as parking required for primary residential use, with the
following exceptions:
Second • May be located in the front yard setback; and
dwelling units • May be located as a tandem space on a driveway in front of
the primary residence's garage (provided the garage is set
back a minimum of 20 feet from the property line
Existing
substandard
frontage lots
with a width
of less than
50 feet
Tandem parking within the front yard setback shall be permitted,
provided:
• There is a minimum of one parking space per dwelling unit
located within the required setback lines; and
• The front yard building setback is no less than 20 feet (in the
R-W zone, the front yard setback shall be no less than 10
feet to a second or third buildinq floor}.
A zero foot setback for subterranean parking shall be permitted,
Subterranean provided that within the setback area(s) all of the "subterranean
parking parking structure" is completely underground and the setbacks
are fully landscaped, except for driveways necessary to provide
access.
3. Garages in residential zones shall be constructed according to the following
standards:
TABLED
RESIDENTIAL GARAGE STANDARDS
Residential Use Garage Standard
The two required parking spaces per unit shall be provided within either:
Garages for one-• A two-car garage with a minimum interior dimension of 20 feet by 20
family and two-feet; or
family dwellings • Two one-car garages with interior dimensions of 12 feet by 20 feet
each.
Residential Use
Garages for
multiple-family
dwellings (if
TABLED, CONTINUED
RESIDENTIAL GARAGE STANDARDS
Garaqe Standard
One-car garage Minimum interior dimensions of 12 feet by 20
feet.
Two-car garage (both Minimum interior dimensions of 20 feet by 20
spaces for same unit) feet.
provided for required Multiple one-car Each separate, one-car garage shall have
parking) garages in one interior dimensions of 12 feet by 20 feet,
structure exclusive of supportinq columns.
As a minimum, each space shall be separated
Multiple one-car from the adjacent garage, floor to ceiling, by a
garages in one permanent stud partition with 1 /2-inch gypsum
Garages for structure, cont. board on one side, where no additional fire
protection is required. multiple-family Each parking space shall maintain a standard dwellings (if
provided for required stall size of 8.5 feet by 20 feet, exclusive of
Enclosed parking supportinq columns or posts. parking), cont. garage with multiple, A backup distance of 24 feet shall be
open parking spaces maintained in addition to a minimum 5 feet
turning bump-out located at the end of any stall
series.
4. The parking of vehicles in residential zones shall be subject to the following
regulations:
TABLE E
WHERE VEHICLES CAN BE PARKED IN RESIDENTIAL ZONES
Type Of Vehicle Where Vehicles Can Be Parked
One-family, Garage
two-family,
and Covered or uncovered parking spaces provided as required multiple-
family for the dwelling unit
Passenger dwellings
vehicles, and In the required front yard on a paved driveway or parking area
One-family that:
Light-duty 1. Does not exceed 30% of the required front yard area; or
commercial dwellings 2. Is comprised of 24 feet of width extended from the property
vehicles used on line to the rear of the required front yard, whichever is individual as a principal lots qreater.
means of (in addition A paved area between the required front yard and the actual
transportation front of the building, as long as it is an extension and does not
by an occupant to parking exceed the width of the area described above.
of the dwelling spaces Any other area of the lot provided that they are screened from provided as view from the public right-of-way. required for For corner lots, the provisions of this subsection shall apply to the
dwelling) the required street side yard; however, in no case, shall the
provisions of this section allow parking in both the required
front yard and the required street side yard.
One-family In an enclosed structure observing all required setbacks Recreational dwellings
vehicles, boats, on
and trailers individual Open parking in the side yard or the rear yard
lots
TABLE E, CONTINUED
WHERE VEHICLES CAN BE PARKED IN RESIDENTIAL ZONES
Type Of Vehicle Where Vehicles Can Be Parked
Open parking in the required front yard if the parking area
does not exceed the maximum paved area permitted for
passenger vehicles, and the planning director determines,
after giving the same notice as provided for administrative
variances in Section 21.51.040 of this code, that access to the
side or rear yard cannot be provided. In making this
determination, the planning director shall consider:
1. Whether parking in, or access to, the side or rear yard
would require structural alteration to the existing residence, or
would require the removal of significant or unique landscaping.
A fence shall not be deemed to prevent access to the side or
rear yard;
2. Whether parking in or access to the side or rear yard
would require extensive grading;
3. Whether, because of the configuration of the lot,
existing landscaping, the location of the structures on the lot,
and the size of the recreational vehicle, parking of the
recreational vehicle in the front yard would interfere with
visibility to or from any street;
4. Whether allowing parking of the recreational vehicle in
the front yard would interfere with traffic on the street or
Recreational One-family sidewalk, or would encroach into the street and utility right-of-
vehicles, boats, dwellings way.
and trailers, on Any person objecting to a decision made pursuant this
individual subsection may request in writing within ten days of the cont. lots, cont. determination by the planning director, an administrative
hearing with the planning director. The planning director shall
apply the criteria of this section in making his determination.
The decision of the director shall be final unless the director's
decision is appealed to the planning commission. The
effective date of the planning director's decision and method
of appeal of such decision shall be governed by Section
21.54.140 of this code.
Note: A corner lot is deemed to have reasonable access to
the rear yard.
Notwithstanding the above, during the construction of a
permanent one-family dwelling on a lot, the owner of the lot
may live in a recreational vehicle upon said lot during
construction of said dwelling for a period not to exceed 6
months.
The provisions listed in this section are not intended to
supersede more ~estrictive homeowner provisions contained
in approved conditions, covenants and restrictions (CC&Rs).
If the provisions of any such CC&Rs are less restrictive than
the ordinance codified in this section, then the provisions
contained herein shall apply.
TABLE E, CONTINUED
WHERE VEHICLES CAN BE PARKED IN RESIDENTIAL ZONES
Type Of Vehicle Where Vehicles Can Be Parked
Inoperable
Vehicles
Heavy-Duty
Commercial
Vehicles
21.44.070
A.
1.
2.
3.
4.
21.44.080
A.
1.
2.
3.
4.
Storage or parking of inoperable, wrecked, dismantled or
abandoned vehicles shall be regulated by Chapter 10.52 of
One-family, this code, with the following exception:
two-family, • For one-family dwellings on individual lots, not more than
& multiple-two vehicles in any inoperable, wrecked or dismantled
family condition may be parked in the side yard or rear yard while
dwellings said vehicles are being repaired or restored by the owner of
the property, provided the vehicles are visually screened
from the public right-of-way.
No heavy-duty commercial vehicles as defined by Section
One-family, 10.40.075 of this code, except for trailers as permitted by the
two-family, provision for "recreational vehicles, boats, and trailers" above,
& multiple-shall be parked on any residential lot, except while loading or
family unloading property; or when such vehicle is parked in
dwellings connection with, and in aide of, the performance of a service
to the property on which the vehicle is parked.
Comprehensive planned facilities.
Areas may be exempted from the parking requirements as otherwise set up in
this chapter, provided:
Such area shall be accurately defined by the planning commission after
processing in the same manner required for an amendment to the zoning title;
No such district may be established and exempted from the provisions of Section
21.44.020 unless 60% or more of all record lots comprising such proposed
district are zoned to uses first permitted in a commercial (C) or industrial (M)
zone;
Such exemptions shall apply only to uses first permitted in the commercial (C) or
industrial (M) zones;
Before such defined district shall be exempt as provided in this section, active
proceeding under any applicable legislative authority shall be instituted to assure
that the exempted area shall be provided with comprehensive parking facilities
which will reasonably serve the entire district. (Ord. 9804 § 4 (part), 1986)
Joint use of off-street parking facilities.
The planning commission may, upon application by the owner or lessee of any
property, authorize the joint use of off-street parking facilities by the following
uses or activities:
Up to 50% of the parking facilities required by this chapter for a use considered
to be primarily a daytime use may be provided by the parking facilities of a use
considered to be primarily a nighttime use;
Up to 50% of the parking facilities required by this chapter for a use considered
to be primarily a nighttime use may be provided by the parking facilities of a use
considered to be primarily a daytime use;
Up to 100% of the parking facilities required by this chapter for a church or for an
auditorium incidental to a public or parochial school may be supplied by parking
facilities of a use considered to be primarily a daytime use;
Up to 50% of the parking facilities required by this chapter for a church may be
jointly utilized by an on-site, accessory, child day care center provided there is no
substantial conflict in the principal operating hours of the church and child day
care center;
5.
6.
B.
1.
2.
3.
21.44.090
A.
B.
21.44.100
A.
The following uses are typical daytime uses: banks, business offices, retail
stores, personal service shops, clothing or shoe repair or service shops,
manufacturing or wholesale buildings and similar uses;
The following uses are typical of nighttime and/or Sunday uses: auditoriums
incidental to a public or parochial school, churches, dance halls, theaters and
bars.
The planning commission may authorize the joint use of off-street parking
facilities by the uses or activities specified above, subject to the following
conditions:
The buildings or uses associated with the joint use of a parking facility shall be
located within 150 feet of such parking facility;
The application shall show that there is no substantial conflict in the principal
operating hours of the buildings or uses for which the joint use of a parking
facility is proposed;
Parties involved in the joint use of a parking facility shall provide evidence of
agreement for such joint use by a proper legal instrument approved by the city
attorney as to form and content. Such instrument, when approved as conforming
to the provisions of this title, shall be recorded in the office of the county recorder
and copies thereof filed with the planning director.
Common parking facilities.
Common parking facilities may be provided in lieu of the individual requirements
contained herein, but such facilities shall be approved by the decision-making
authority as to size, shape and relationship to business sites to be served,
provided the total of such off-street parking spaces, when used together, shall
not be less than the sum of the various uses computed separately.
When any such common facility is to occupy a site of 5,000 square feet or more,
then the parking requirements as specified herein for each of two or more
participating buildings or uses may be reduced not more than 15%, subject to
approval by the decision-making authority.
Parking area plan.
The site plan submitted with a building permit application for the building to
which a parking area is accessory shall clearly indicate the proposed
development, including location, size, shape, design, curb cuts, lighting,
landscaping and other features and appurtenances of the proposed parking area.
February 6, 2009
Ms. Jennifer Jesser
Senior Planner
City of Carlsbad
Planning Department
1635 Faraday Avenue
Carlsbad, CA 92008
RE: Proposed Planned Development Regulation Amendments
Dear Ms. Jesser:
,...
FEB 2009
_, co
Thank you for the opportunity to review the latest proposed changes to the PD Regulations. I
have had recent, direct experience in implementing the existing PD Regulations, having
developed 3 residential projects in the beach area over the past ten years. It is apparent that the
City has made some significant changes that will have a positive impact on an applicant's ability
to design a high-quality residential project that meets the minimum densities the City now
requires. While I am generally in agreement with the City Council adopted PD regulations, as
well as the latest-coastal Commission required changes, I would like to take this opportunity to
suggest a couple of minor improvements If these improvements are incorporated into the
proposed changes, I believe the new PD Regulations would be even more effective. My
suggested improvements are as follows:
1. Amend Reference Nos. D.8 & E.5 of Tables D & E respectively to eliminate the requirement
for a residential structure setback (0 ft) from drive-aisles for small projects (25 of fewer dwelling
units) located in the RMH and RH general plan designations. It is very difficult to achieve the
minimum and Growth Management Control Point (GMCP) ~ensities of the higher density
general plan designations (RMH & RH) on small, in fill lots (and thus small projects) in the
beach area. Requiring a 5 foot drive-aisle setback makes it very difficult to site units on these
small beach-area lots as they typically have lot widths of 60 feet or less. As an example, on a 50
foot wide lot, you need 5 foot side yard setbacks, a 12 foot or 20 foot wide drive-aisle (3 or less
du's; 4 or more du's), and a 20 foot deep garage, which totals 42 to 50 feet, leaving very little or
no land to develop any residential living area at the ground level if the residential structure has to
be setback 5 feet from the drive-aisle.
2. Add text language to Tables D & E where appropriate to clarify that railings required for
upper level decks/balconies and roof decks are permitted to exceed the 24 foot flat-roof height
limit (35 feet for flat-roofs on projects in the RH general plan designation and located outside of
the Beach Area Overlay Zone), but that the railings shall not exceed the overall pitched-roof
height limit.
Howes Weiler ~ &Associates
,,/ LAND USE PLANNING AND CONSULTATION
February 11, 2009
Marty Montgomery
Chairman Carlsbad Planning Commission
1635 Faraday Avenue
Carlsbad, CA 92008
RE: ZCA 05-02/LCP A 05-07 Planned Development Ordinance
Dear Chairman Montgomery:
I have reviewed the minor revisions made to the Planned Development Ordinance by the
California Coastal Commission suggested by the City staff. These changes are very minor in
nature and do not adversely impact the intent of the ordinance. I believe the proposed changes
provide better clarification and design flexibility.
At this time I am working on several higher density projects that have been designed in
accordance with the requirements of the revised Planned Development Ordinance. Two of these
sites could not have been developed in accordance with the minimum density requirements of
their General Plan designations under the existing Planned Development Ordinance. All of the
project issues have been resolved with staff for those two projects and we are just waiting for the
final approval of the Planned Development Ordinance so they can be scheduled for a Planning
Commission hearing. I urge the Planning Commission recommend that the City Council
approve the minor revisions to the Planned Development Ordinance made by the Coastal
Commission. As I have stated previously, staff has worked closely with the development
community on the proposed revisions and the proposed changes will facilitate the development
of higher density infill development.
Sincerely,
~~~
Mike Howes
Cc Planning Commission
Don Neu
Gary Barberio
Jennifer J esser
February 5, 2009
Carlsbad Planning Commission
1200 Carlsbad Village Drive
Carlsbad; CA 92008
RECEIVED
FEB 1· 7 ·2009
CITY OF:CARLSBAD
PL.ANNING DEPT
RE: PLANNNED DEVELOPMENT ORDINANCE (ZCA0S-02/LCPA 05-07)
Dear Commissioners:
I have reviewed the modifications made to the Planned Development Ordinance by the
California Coastal Commission with Bob Ladwig of the Ladwig Design Group and Mike Howes
of Howes, Weiler and Associates: It is our understanding that the modifications to the ordinance
were suggested by the Carlsbad City staff and then approved by the Coastal Commission. We
believe that these minor modifications are beneficial in nature and provide clarification and
greater design flexibility, without compromising the intent of the ordinance.
We appreciate the opportunity staff has given us to review these revisions. As we have
mentioned in the _past, we applaud the effort staff has made to work with the community to keep
all of the stakeholders involved and to listen to and incorporate our recommendations. On behalf
of the Carlsbad Chamber of Commerce I would like to request that the Planning Commission
recommend to the City Council that the Council approve the Coastal Commission's
modifications to the Planned Development Ordinance.
Sincerely
Ted Owen
Cc Sandra Holder
Don Neu
Gary Barberio
Hofman
TM Planning & Engineering
Planning Civil Engineering Fiscal Services Coastal
February 18, 2009
Jennifer Jesser, Senior Planner
City of Carlsbad, Planning Department
1635 Faraday Avenue
Carlsbad, CA 92008
HPE SUPPORT FOR ZCA 05-02/LCPA 05-07
Hofman Planning and Engineering (HPE) has been providing land use consulting
services since 1985 with a focus on Carlsbad. We have reviewed the pending
modifications to the Planned Development Ordinance and related regulations. We
wanted to provide our support to this effort and specifically support the Planning
Commission's recommendation of approval to the City Council on this matter.
Likewise we urge support and approval by the City Council after the Planning
Commission action of February 18, 2009; and further support the approval of the
Coastal Commission of LCPA 05-07 which will effectuate the regulations within
the City's coastal zone.
Thank you for keeping the code updated and allowing for our review.
Sincerely,
~/1~
ERIC MUNOZ ~
Director of Planning -HPE
c: Assistant Planning Director
Planning Commissioners
3152 Lionshead Avenue • Carlsbad • CA 92010 • (760) 692-4100 • Fax: (760) 692-4105
ERRATA SHEET FOR ITEM #4
February 18, 2009
TO:
FROM:
SUBJECT:
PLANNING COMMISSIONERS
G B b • A • Pl • D' @~ ary ar eno, ss1stant anmng uector ,,,--
Jennifer Jesser, Senior Planner 9-~
COASTAL COMMISSION'S SUGGESTED MODIFICATIONS TO
THE PLANNED DEVELOPMENT REGULATION AMENDMENTS
On January 22, 2009, staff notified approximately 40 interested parties (including local
builders, architects, applicants, Chamber of Commerce, and BIA) of the Coastal
Commission's suggested modifications to the Planned Development Regulation
Amendments. In response to that notification, staff received four letters (previously
distributed to the Planning Commission) and one email (attached) supporting the City's
approval of the modifications.
In one of the four letters received, Pat McGuire, a local builder, recommended two
additional modifications, and the email from Buck Thompson (Pi Arc Design) suggested
one modification. The additional modifications are summarized below, and the amended
Analysis Table and strike-out/underline version of the Planned Development chapter are
attached.
Summary of Additional Modifications:
1. No longer require a building setback from a drive-aisle for projects of 25 units or
less within the RMH and RH land use designations
2. Clarify that protective barriers for balconies and decks may extend above the
height limit
3. Eliminat~ the language "2nd and 3rd floor" from the provision to allow balconies
and decks to cantilever over a drive-aisle.