HomeMy WebLinkAbout2010-06-02; Planning Commission; ; ZCA 07-02|LCPA 07-03 - MISCELLANEOUS ZONE CODE AMENDMENTSThe City of Carlsbad Planning Department
A REPORT TO THE PLANNING COMMISSION
P.C. AGENDA OF: June 2, 2010
SUBJECT: ZCA 07-02/LCPA 07-03
Item No. G)
Application complete date: NIA
Project Planner: Corey Funk
Project Engineer: NI A
MISCELLANEOUS ZONE CODE
AMENDMENTS -A request for a recommendation of approval for a Zone Code
Amendment and Local Coastal Program Amendment to make various minor
amendments to the text of the Zoning Ordinance.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolutions No. 6696 and 6697
RECOMMENDING APPROVAL of ZCA 07-02 and LCPA 07-03 based on the findings
contained therein.
II. INTRODUCTION
This proposal involves a City-initiated Zone Code Amendment and Local Coastal Program
Amendment to make various minor amendments to the text of the Zoning Ordinance. The
primary purpose of this project is to amend many unrelated sections of the Zoning Ordinance
that contain minor errors, need to be clarified, should be updated to reflect current conditions, or
require other minor changes (i.e. "clean-up" amendments). The project consists of text changes
only that apply citywide.
The proposed amendments are consistent with applicable portions of the General Plan and
maintain internal consistency within the Zoning Ordinance and the Local Coastal Program
(LCP). With regard to the LCP amendment, the Zoning Ordinance is the LCP implementing
ordinance; therefore an LCP amendment is necessary. However, no portion of the LCP land use
plan document is being amended.
III. PROJECT DESCRIPTION AND BACKGROUND
As mentioned above, this project consists of many unrelated "clean-up" amendments to the
Zoning Ordinance. Most of the amendments proposed are clarifications or are procedural in
nature, and any new requirements proposed do not differ significantly from existing policy. The
proposed amendments will:
1. Improve Code consistency (internally, with other titles of the Municipal Code, the
General Plan, and State law); and
2. Improve usability, by clarifying some procedures and Code wording; and,
3. Improve relevancy, through updates that incorporate current terms and procedures.
ZCA 07-02/LCPA 07-03 -MISCELLANEOUS ZONE CODE AMENDMENTS
JUNE 2, 2010
PAGE2
The recommended amendments can be broadly summarized as follows:
A. Regulatory Consistency:
Amendments proposed under this category will resolve conflicting requirements (1) internally
within the Zoning Ordinance, (2) between the Zoning Ordinance and the General Plan, and (3)
between the Zoning Ordinance and California Government Code.
B. Typographical and other minor errors:
Amendments proposed in this category will resolve typographical errors such as omissions,
incorrect terminology, incorrect references and incorrect California Government Code citations.
• C. Clarity and code usability:
Amendments proposed under this category are intended to clarify portions or requirements of the
code that are unclear, resolve redundancies and to generally make the Zoning Ordinance more
readable and usable. This will aid individuals as they review and interpret the code.
Amendments in this category propose to rewrite unclear code sections, delete repetitive code
sections, more clearly state code requirements, and more logically locate information.
D. Amendments related to the Entertainment Ordinance:
The Entertainment Ordinance in Chapter 8.09 of the Carlsbad Municipal Code (CMC) specifies
operational and licensing requirements for any use meeting the definition of an "entertainment
establishment". This amendment proposes to ensure that the Zoning Ordinance is consistent
with CMC Chapter 8.09 by adding a note in all zones that refers to CMC Chapter 8.09 for
additional requirements applicable to "entertainment establishments".
E. Other miscellaneous changes:
1. Revisions to the definition of "family" are proposed for consistency with State law and to
implement Housing Element Program 3 .11.
2. Changes are proposed to the materials required for development applications for Second
Dwelling Units.
3. Amend the provisions for Incidental Outdoor Dining Areas, as follows:
a. Clarify the definition for "Incidental Outdoor Dining Areas" and rename it "Outdoor
Dining (incidental)."
b. Ensure that the use is listed as a permitted "accessory" use in the use tables of each zone
where the use is permitted.
c. Provide an exemption from parking requirements for incidental outdoor dining (i.e. 400
square feet or less) within the Commercial Visitor Overlay Zone.
4. Modifications are proposed to the approval process for Child Daycare Centers in the
Community Facilities Zone.
ZCA 07-02/LCPA 07-03 -MISCELLANEOUS ZONE CODE AMENDMENTS
JUNE 2, 2010
PAGE3
5. Add new provisions for the Planning Director to (a) determine the appropriate parking
standard for uses not specified in the code, and (b) modify a parking standard based on a
parking study.
6. Changes are proposed to the requirements for appeals.
IV. ANALYSIS
For a specific description of each proposed amendment and its associated analysis, please see the
analysis table (Attachment 3) and the strike-out and underline version of the amendments
(Attachment 4).
A. General Plan, Zoning Ordinance and Local Coastal Program Consistency
The proposed amendments are minor and primarily procedural in nature. No substantive
changes to development standards, policies or programs are proposed. 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 as well as consistent with the General Plan and
Local Coastal Program. Staff has analyzed the proposed amendments and finds that the
amendments are internally consistent with the other provisions of the Zoning Ordinance not
being amended, and that the proposed amendments do not create any conflicts with the
provisions of the General Plan or Local Coastal Program.
V. ENVIRONMENTAL REVIEW
The proposed amendments are exempt from environmental review pursuant to CEQA Section
1506l(b)(3), which exempts projects "where it can be seen with certainty that there is no
possibility that the activity in question may have a significant effect on the environment." The
changes proposed by this project are primarily procedural in nature, are not substantial and will
not significantly affect the existing development standards in the Zoning Ordinance; therefore,
the project will not result in a significant effect on the environment. A Notice of Exemption will
be filed.
ATTACHMENTS:
1. Planning Commission Resolution No. 6696 (ZCA)
2. Planning Commission Resolution No. 6697 (LCPA)
3. Analysis table for proposed Zoning Ordinance text amendments
4. Strike-out and underline version of the proposed Zoning Ordinance text amendments
Ref.#
1.
2.
ZONE CODE AMENDMENT (ZCA 07-02/LCPA 07-03) ANALYSIS
Table A
Summary of Amendments to the text of the Zoning Ordinance
Proposed Amendment Discussion/Analysis
Modify the existing definition of a "Family" for Through the review of the new Housing Element, the
consistency with State law. State commented that possible interpretations of the
existing definition could be considered discriminatory
due to the use of the following terms: "reasonable
number of persons" and "bona fide housekeeping
unit". This amendment will bring the City's definition
of "Family" into conformance with State law and also
will implement Housing Element Program 3.11.
Amend the definition of Incidental Outdoor
Dining:
a. Delete Sec. 21.04.188.1 and add a. This use is referred to as "Outdoor Dining
new Sec. 21.04.290.1 to rename (incidental)" elsewhere in the code and this
"Incidental Outdoor Dining Areas" to amendment will ensure the definition is
"Outdoor Dining (incidental)". consistent with that terminology.
b. Remove development standards and b. The development standards and location
location criteria from the definition for criteria listed in the definition are redundant
incidental outdoor eating areas. with Sec. 21.26.013 (regulations for Outdoor
Dining (Incidental). Standards and other
development criteria generally should not be
located in the Definitions Chapter of the
Zoning Code. This amendment will clarify the
definition and make it easier to read.
1
ATTACHMENT 3
Code Zone/
Section(s) Chapter
21.04.145 Definitions
21.04.188.1 Definitions
21.04.290.1
21.26.013 C-1
ATTACHMENT 3
Ref.# Proposed Amendment Discussion/Analysis Code Zone/
Section(s) Chapter
3. Modify the provision for "combination
zoning" to ensure consistency with the
General Plan:
a. Specify that the intent of combination a. The intent of combination zoning is to
zoning is to implement the General implement the General Plan provision for
Plan "combination district" combination districts (Land Use Element,
Section I1.C.11 ). This amendment will clarify
that.
b. Delete all criteria for combination b. The existing criteria required to establish
zoning that is inconsistent with the combination zoning does not clearly reflect
General Plan criteria for combination the intent of the combination district in the Zone districts General Plan, which is to apply to property Establish-that is in the early planning phase and 21.05.090 ment subsequent planning will be necessary to Boundaries define the boundaries of the appropriate land
use designations. This amendment will
ensure the use of combination zoning is
consistent with the General Plan.
C. Specify that development of property C. To define the appropriate land uses and
with combination zoning of more than boundaries of a site with a "combination
25 acres requires a specific plan and district", the General Plan requires a specific
less than 25 acres requires a site plan (for 25 or more acres) or a site
development plan. development plan (for less than 25 acres).
This amendment will ensure consistency with
the General Plan.
4. Delete any parking standards located in This ensures parking standards used in the code are 21.07.120 E-A
zone chapters, and relocate them to the centrally located in the Parking chapter. 21.08.100 R-A
Parking chapter (if they are not already 21.09.190 R-E
specified in the Parking chapter) (see Ref. 21.10.120 R-1
#30). 21.21.140 H-O
21.27.050 0
21.37.100 RMHP
2
ATTACHMENT 3
Ref.# Proposed Amendment Discussion/Analysis Code Zone/
Section(s) Chapter
5. Add Residential Care Facilities (serving six Residential care facilities serving six or fewer
or fewer persons) to the use tables for all persons are defined as a "family" for purposes of
residential zones. zoning regulation relating to residential use (per the
definition of "family" [Section 21.04.145] and State
law). Residential dwellings {i.e. one-family, two-
family, and multiple-family) are defined as buildings 21.08.020 R-A
for the occupancy by a family or families. Therefore, 21.09.020 R-E
residential care facilities serving six or fewer persons 21.10.020 R-1
(i.e. a "family") must be permitted in any zone where 21.12.020 R-2
residential dwellings are permitted. Although the use 21.16.020 R-3
is not currently listed in the use tables, the city 21.22.020 R-W
interprets that such facilities are permitted in any 21.24.020 RD-M
zone where residential dwellings are permitted
because such facilities are considered a "family" by
definition. This amendment clarifies that the uses is
permitted is all residential zones.
6. For second dwelling units, replace the A notice of restriction strengthens the requirement
requirement for an "affidavit" with a "notice of that second dwelling units be affordable to potential
restriction". future lower income renters, as the notice of 21.10.030 R-1 restriction is recorded against the property and will
include successors in interest.
7. Clarify that the rental rate for second This amendment proposes to clarify existing
dwelling units cannot exceed the "allowable language, which currently implies rent cannot exceed
housing expense" of a low income the whole income of a low income household. In
household as defined in Chap. 21.85. practice, the rent should not exceed the "allowable 21.10.030 R-1
housing expense" (i.e. the portion of an income to be
devoted to rent), as defined in Chap. 21.85.
·8. Specify that second units which are built to This is the current practice of the city, and this
satisfy inclusionary requirements are subject amendment proposes to more clearly outline this
to Chap. 21.85 and its specific income requirement and link the standards in Section 21.10.030 R-1
restrictions. 21.10.030with Chap. 21.85.
9. Delete the requirement that applicant show The City is not responsible for the implementation or
evidence that a proposed second dwelling interpretation of CC&Rs.
unit is consistent with any applicable 21.10.030 R-1
CC&Rs.
3
ATTACHMENT 3
• Ref.# Proposed Amendment Discussion/Analysis Code Zone/
Section(s) Chapter
10. Delete the requirement that restricts second This requirement prevents a substandard lot from
dwelling units to lots which meet the developing with a single family residence and a
minimum lot size required in the zone (See second dwelling unit. This requirement should be
existing Sub-section 21.10.030.E.14). deleted because it conflicts with the recently updated
Nonconforming Ordinance, which states a
substandard lot can develop consistent with the 21.10.030 R-1 General Plan and Zoning. Therefore, as long as the
second dwelling unit can meet all the development
standards of the zone, it would be allowed to develop
on a substandard lot according to the new
Nonconforming Ordinance.
11. Relocate the requirements (a), (b) and (c) The requirements in 21.10.030.D.7 (a), (b), and (c)
currently listed under Sub-section are standards that second units must comply with
21.10.030.D. 7 (part of application rather than items to include with an application to
requirements for a second dwelling unit) to build a second unit. The amendment proposes to 21.10.030 R-1 Sub-section 21.10.030.E.(requirements for locate these requirements in new Sub-section
second dwelling units) 21.10.030.E.15 to improve the usability of this code
section.
12. In the R-3 zone, delete the reference to the For some R-3 zoned sites, the zoning map (in years
zoning map for the minimum lot size. past) specified a different minimum lot area than
what the code specifies (7,500 square feet); for
example, "R-3-10,000" indicated a 10,000 square
foot minimum lot size. However, the zoning map no 21.16.070 R-3
longer specifies the minimum lot size for R-3 zoned
sites. This amendment will ensure consistency
between the code and the zoning map.
13. In the R-3 zone, delete the minimum lot Lots less than 7,500 square feet are no longer
width of fifty feet for lots 6,000 square feet or permitted in the R-3 zone; unless created and
less. developed pursuant to a Planned Development 21.16.080 R-3 Permit, in which case the Planned Development lot
width standards will apply.
4
ATTACHMENT 3
Ref.# Proposed Amendment Discussion/Analysis Code Zone/
Section(s) Chapter
14. In the RD-M zone, replace the requirement The RD-M zone (and the requirement for a "specific
for a specific plan with the requirement for a plan" to approve a zero foot side yard setback) was
"site plan" for approval of a zero foot side created in 1970; at which time, the term "specific
yard setback; and required the recordation plan" was used in the code generally to mean "site
of an easement or other agreement to plan" ( a plan showing the location of property lines,
provide access on the adjoining lot for buildings, etc.). Today, a "specific plan" is subject to
maintenance. State law and is a plan that establishes development
regulations applicable to a specific area in the city. 21.24.050 RD-M The requirement of a "site plan" is more appropriate
to approve setbacks on a particular lot, and is more
consistent with the original intent.
To allow for maintenance on the zero-foot side of the
house, the proposed easement requirement will
ensure access is granted on the adjoining lot.
15. In the C-F zone use table, delete "Biological Biological habitat preserves were added, among
habitat preserve ... " as a conditionally other zones, to the C-F zone as a conditionally
permitted use. permitted use in the 2004 amendment to the
Conditional Use Permits Chapter. However, it was
never intended to be allowed in the C-F zone. The
use is inconsistent with intent and purpose of the C-F
zone, which is to allow uses that satisfy social, 21.25.040 C-F religious or human service needs. Furthermore,
deleting it from the use table would not preclude its
occurrence, as any project which would develop in
the zone must comply with the Habitat Management
Plan and other regulations which require
preservation of sensitive habitat.
16. In the C-F zone use table, change Child day This amendment ensures that the terminology used
care "facility" to Child day care "center" and in the C-F zone, related to child care centers, is
add references to the Child Care and consistent with the terminology used throughout the -Definitions chapters. code. In addition, the reference to the Child Care 21.25.040 C-F chapter will ensure that child care centers in the C-F
zone are developed consistent with the development
standards required for such facilities.
5
ATTACHMENT 3
Ref.# Proposed Amendment Discussion/Analysis Code Zone/
Section(s) Chapter
17. Modify the use table in the C-F zone to In the C-F Zone, the use table indicates that "office
clarify that "office area" is permitted as an area" is "permitted" (by the "X" marked in the "P"
accessory use. column), and references a footnote that says office
area must be ancillary to the main use. To clarify
that office area is only permitted as an ancillary use, 21.25.040 C-F this amendment will modify the use table by moving
the "X" in the "office area" row from the "P"
(permitted) column to "Ace" (permitted as accessory
use) column.
18. In the C-F zone, for child day care centers, In all zones (except the C-F zone and industrial
replace the requirement for a Site zones), child day care centers are subject an
Development Plan (SOP) with an administrative permit pursuant to Chapter 21.83
administrative permit, pursuant to Chap. (Child Care regulations). The C-F Zone is the only
21.83 (Child Care regulations). zone that requires a SOP, which is subject to
Planning Commission approval (a conditional use
permit is required for child day care centers in the
industrial zones, due to potential health and safety
issues). 21.25.040 C-F
However, child day care centers are community
serving uses and well suited to the C-F Zone, and
should not be subject to any more restrictive process
than required in other zones (except industrial
zones). This amendment will ensure a more
consistent permitting process for child day care
centers.
19. In the C-F, C-1, and C-2 zones, delete The following use table footnotes are redundant
repetitive table footnotes. because they are also specified in the "Limitations on
permitted uses" sections of their respective chapters:
-Note 3 in 21.25.040 (C-F zone) 21.25.040 C-F
21.26.010 C-1 -Former Note 1 and Notes 2 and 3 in 21.26.010 (C-1 21.28.010 C-2 zone)
-Former Note 1 and Notes 2 and 3 in 21.28.01 O (C-2
zone)
6
ATTACHMENT 3
Ref.# Proposed Amendment Discussion/Analysis Code Zone/
Section(s) Chapter
20. Add "outdoor dining {incidental)" to the The "Permitted Uses" tables are intended to indicate
Permitted Uses tables of all zones where the all of the uses allowed in each zone. However, 21.26.010 C-1
use is currently permitted, and delete the currently, incidental outdoor dining is specified as a 21.27.020 0
separate code sections which states the use permitted use in a separate section (apart from the 21.28.010 C-2
is permitted in these zones. use table of each zone). This amendment will 21.30.010 C-M
improve consistency and clarity in regard to what 21.32.010 M
uses are permitted in each zone. 21.34.020 P-M
21. In all zones, add a footnote to each use The new footnote ensures that the Zoning Ordinance 21.07.020 E-A
table that indicates any use that is defined is consistent with the City's Entertainment Ordinance 21.08.020 R-A
as an "entertainment establishment" {per (CMC Chapter 8.09). 21.09.020 R-E
Municipal Code Chapter 8.09) shall be 21.10.020 R-1
subject to the requirements of CMC 8.09 21.12.020 R-2
(Entertainment Ordinance). 21.16.020 R-3
21.18.020 R-P
21.20.010 R-T
21.22.020 R-W
21.24.020 RD-M
21.25.040 C-F
21.26.010 C-1
21.27.020 0
21.28.010 C-2
21.30.010 C-M
21.31.030 C-L
21.32.010 M
21.33.020 0-S
21.34.020 P-M
21.36.020 P-U
21.37.020 RMHP
7
ATTACHMENT 3
Ref.# Proposed Amendment Discussion/Analysis Code Zone/
Section(s) Chapter
22. In the C-1 zone, modify the administrative
permit requirements for incidental outdoor
dining:
a. Delete references to zones which a. As described above (Ref. #19), Outdoor
allow Outdoor Dining (Incidental). Dining (Incidental) is proposed to be added to
the use tables for each zone where it is
allowed. The current language in 21.26.013
is repetitive and should be deleted.
b. Delete the statement that indicates b. This sentence is redundant with the recently
incidental outdoor dining is not updated Nonconforming Ordinance and
permitted in the coastal zone west of should be deleted. Any existing use or
the railroad if the restaurant does not structure that currently does not provide
provide the required parking for their adequate parking per Chap. 21.44, the
existing indoor seating areas. Nonconforming Ordinance prohibits any 21.26.013 C-1 expansion that would increase the
nonconformity (i.e., in this case, add
additional parking demand to an under-
parked restaurant). The nonconforming
regulations apply citywide; and therefore, it is
not necessary to specify the same restriction
to only a portion of the city.
C. Add development standards for C. Standards and other development criteria
incidental outdoor dining areas to generally should not be located in the
Sec. 21.26.013, which were deleted Definitions Chapter of the Zoning Code. This
from the definition for Outdoor Dining amendment will relocate the standards from
(Incidental). See Ref. #3. the definition of incidental outdoor dining to
the appropriate section in the C-1 zone
chapter that specifies regulations for the use.
23. In the Office zone, add "Child Day Care The "Permitted Uses" tables are intended to indicate
Centers" to the use tabf e and delete the all of the uses allowed in each zone. However,
separate code section that provides for the currently in the Office zone, child day care centers
use in this zone. are specified as a permitted use in a separate 21.27.020 0 section (apart from the use table). This amendment
will improve consistency and clarity in regard to what
uses are permitted in the zone.
8
ATTACHMENT 3
Ref.# Proposed Amendment Discussion/Analysis Code Zone/
Section(s) Chapter
24. Delete the sign requirements specified in the The sign requirements specified in the Office zone
Office zone and replace them with a are repetitive with Chap. 21.41 (Signs). This
reference to the sign requirements specified amendment proposes to replace the repetitive 21.27.050 0
in the Sign Chapter (21.41). portions with a reference to Chap. 21.41.
25. In the C-L zone, amend the use table Existing use table footnote #2 states that
footnotes to no longer reference "schools". "educational facilities, other" and "schools" shall not
occupy more than 10,000 square feet in a shopping
center. "Schools" are not permitted in the C-L zone. 21.31.030 C-L
Deleting "schools" from the footnote provides better
consistency.
26. In the C-L zone, clarify use table footnote #4 The existing language is unclear and the amendment
(proposed to be renumbered as #5). proposes to clarify the footnote. 21.31.030 C-L
27. In the M zone, integrate footnote 1 into the The Permitted Uses table for the M zone currently
use table to clarify that any use permitted in has a footnote (1) that specifies any use permitted in
the C-M zone is permitted in the M zone. the C-M zone is permitted in the M zone, with the
exception of child day care. As a footnote, the 21.32.010 M information is less apparent than if it was stated
within the use table. This amendment will relocate
the information to improve clarity.
28. In the P-U zone, separate the various uses The amendment will increase the clarity of the use
listed under "agriculture" into individual rows table. 21.36.020 P-U in the use table.
29. In the P-U zone, delete the section in the The section to be deleted conflicts with P-U Zone
use table that allows the Planning Section 21.36.020.C; which currently allows the
Commission or City Council to determine if a Planning Director to determine if a use not specified
use not specified is similar to a use listed in is similar to a permitted use listed in the use table, 21.36.020 P-U
the use table. Also delete the associated and thereby would be allowed in the zone (which is
table footnote. the case in all other zones, as well).
9
ATTACHMENT 3
Ref.# Proposed Amendment Discussion/Analysis Code Zone/
Section(s) Chapter
30. Delete redundant provisions of the P-C In the "general provisions" section of the P-C zone
zone. (21.38.030), subsection (b) requires all land in a
proposed planned community to be under unified
control (written agreement by all owners). This is
redundant with 21.38.050, which requires all property
owners to sign an application for approval of a
master plan (the signed application constitutes the
written agreement (unified control) of all owners).
Subsection 21.38.030(c) states that if the land is 21.38.030 P-C
transferred, the new owner must comply with the
approved master plan. This is redundant with the
City's current practice of recording a notice of
restriction against the property for all permits
approved. The notice of restriction binds all
successors in interest to the requirements of the
master plan.
31. Add parking standards that were deleted Ensures parking standards used in the code are
from the zone chapters (see Ref. #4) to the centrally located in the Parking chapter.
Parking Chapter (21.44) if they are not 21.44.020 Parking
already listed there.
32. Add a parking standard for "Educational Vocational schools meet the definition of
facilities, other", and delete "Vocational "Educational facilities, other", which are educational
schools" from the listing under "Schools". facilities that are not subject to the California
Education Code (i.e. "schools"). The proposed
parking standard for "educational facilities, other" is 1 21.44.020 Parking
space/200 sf., which is consistent with the parking
standard in the Village Master Plan and Design
Manual.
33. Change the term "village redevelopment" to This amendment changes terminology related to the
"village review" in reference to the parking expiration of the Village Redevelopment Plan. The
required for "Financial Institutions and title of the zoning district applicable to Village area of 21.44.020 Parking
Professional Offices" in the Village Review town has been changed from Village Redevelopment 21.83.040 Child Care
zone. Zone to Village Review Zone.
10
ATTACHMENT 3
Ref.# Proposed Amendment Discussion/Analysis Code Zone/
Section(s) Chapter
34. Add a parking standard for "Personal and The code currently does not contain a parking
Professional Services" and associated table standard for general commercial type uses. Staff
footnote 3. proposes to use the "general commercial" parking
standard from Village Master Plan and Design 21.44.020 Parking Manual, but suggests using the name "Personal and
Professional Services", which is more descriptive of
the use.
35. For uses which do not have a parking Currently, the Planning Commission has the
requirement specified in 21.44, this authority to determine which parking requirement to
amendment will specify that the Planning apply to uses that the code does not specify a
Director may determine the parking parking requirement for. This amendment proposes
requirements for such use, based on the to transfer that authority to the Planning Director, and
most comparable use or a parking study. add a requirement that a parking study be submitted
as a means of determining the appropriate parking 21.44.030 Parking
standard. This is similar to the Planning Director's
existing authority to determine whether or not a use,
which is not specified as a permitted use, may be
permitted because it is similar to a use permitted in
the zone.
36. Specify that the Planning Director may waive Currently, the Planning Commission has the
or modify parking standards: authority to modify parking standards for electrical
power and utility uses. This amendment will transfer
a. For electrical power uses and utility uses the authority to the Planning Director, and will add a
with a minimal number of employees; new provision for the Planning Director to modify
and standards for other uses if a parking study or other
evidence demonstrates the modification will not
b. When evidence, such as a parking study, result in an adverse impact. The requirement for a 21.44.040 Parking
demonstrates that adequate parking will parking study or other evidence ensures that the
be provided and the modification will not Planning Director will have sufficient information to
adversely affect the neighborhood or the make a determination; and the ability to modify
site design and circulation. parking standards provides flexibility in site design,
which is especially beneficial to infill and other
constrained sites that have limited area to develop.
11
ATTACHMENT 3
Ref.# Proposed Amendment Discussion/Analysis Code Zone/
Section(s) Chapter
37. In the "Yards" chapter, delete the last This section should be deleted because it conflicts
sentence of Section 21.46.130, which with section 21.52.020, which gives the Planning
requires the Planning Commission to Director authority to approve a fence or wall in
approve a fence or wall in excess of six feet excess of six feet through an administrative variance 21.46.130 Yards
in height in an "R" zone for "special uses" or process, which includes findings that will provide for
under "special circumstances". "special circumstances".
38. In Section 21.47.020 (Nonresidential The amendment will fix a typographical error that
Planned Development Permit), change the contains an incorrect Civil Code citation. Nonres.
reference to state Civil Code "Section 1350" 21.47.020 Planned
to "Section 1351 ". Dev.
39. Delete the requirement for the Planning This is not. the practice of the City and the
Director to provide a monthly report to the requirement should be deleted. Nonres. City Council on all nonresidential planned 21.47.110 Planned development permits issued by the planning Dev. director.
40. Clarify that the Planning Commission is not Section 21.47.130(a)(2) currently indicates that a
required to hold a "noticed" public hearing "public hearing" is not required for the Planning
for minor amendments to nonresidential Commission to approve a minor amendment to a
planned development projects. nonresidential planned development project.
However, for the Commission to consider and act on Nonres. a minor amendment they must do so at a Planning 21.47.130 Planned Commission meeting (a public hearing); the Dev. distinction is that they do not need to hold a "noticed"
public hearing for the amendment. The amendment
will clarify this by indicating a "noticed" public hearing
is not required.
41. In the requirements for amendments to The term "density" typically applies to residential
nonresidential planned developments, development. For nonresidential development the Nonres.
change the reference to "densities" of the term "intensity" is more commonly used when 21.47.130 Planned
project to "intensity" of the project. referring to the project. Dev.
12
ATTACHMENT 3
Ref.# Proposed Amendment Discussion/Analysis Code Zone/
Section(s) Chapter
42. Delete redundant Section 21.47.170, which This section is redundant with Section 21.54.130,
prevents an applicant from reapplying for a which prevents reapplying for any type of permit
nonresidential planned development permit within one year after having a similar permit denied. Nonres.
within one year of having an application for a 21.47.170 Planned
similar nonresidential planned development Dev.
permit denied for the same property.
43. In Section 21.50.010 (Variances -Granting Section 21.50.010 indicates the Planning
authority), delete the language that indicates Commission has the authority to approve variances,
the Planning Commission can grant a "as an administrative act." However, Chapter 21.54
variance "as an administrative act". requires the Planning Commission to hold a public 21.50.010 Variances hearing and make findings prior to granting a
variance, which constitutes a discretionary act. The
words, "as an administrative act" should be deleted.
44. Reformat Chapter 21.52 (requirements for This amendment proposes to change the structure
processing amendments to the Zoning and wording in order to make the format of the
Ordinance, General Plan, and LCP). chapter consistent with others in the code, as well as Amend-make it easier to read and implement. No changes 21.52 ments are proposed for the code except for those listed
below (See Ref #s 44 -46).
45. Clarify that the City Council has the final Section 21.52.050 currently indicates that the
authority to approve or deny amendments to Planning Commission shall recommend adoption of
the General Plan, Zoning Ordinance, and an amendment to the City Council, or shall deny the
LCP. application. California Government Code Section
65354, which mandates that the Planning 21.52.050 Amend-
Commission can only make recommendations for ments
final action to the City Council (for approval or denial)
for general plan and zoning amendments. This
amendment will ensure consistency with state law.
13
ATTACHMENT 3
Ref.# Proposed Amendment Discussion/Analysis Code Zone/
Section(s) Chapter
46. Revise the provisions for amendments that
are referred back from the City Council to
Planning Commission, as follows:
a. Clarify that the referral provisions a. The amendment clarifies that referral
apply to all legislative actions provisions apply to all legislative actions
(General Plan amendments, Local Coastal
Program amendments and Zoning
amendments) and proposes that they follow
the same procedure.
b. Indicate that a referral back from City b. Section 21.52.050 currently states that after
Council to Planning Commission the Planning Commission has made its
should occur when there is a recommendation on an amendment to the
"substantial" modification that was City Council, any "modification" the Council
not considered by the Planning decides to make to the amendment must be
Commission. referred back to the Planning Commission for
consideration. Government Code Section
65356 states that if the Council proposes a
"substantial modification" to a General Plan
amendment, then the amendment shall be 21.52.050 Amend-
referred back to the Pla'nning Commission. ments
This amendment will add the term
"substantial" in reference to modifications to
amendments that are referred back to the
Planning Commission, consistent with
Government Code Section 65356.
C. Change the timeframe for Planning C. If the amendment referral requires a public
Commission reports on referrals from hearing by the Planning Commission, the
40 days to 45 days "or within the time current 40 day timeframe may not be long
set by the city council". enough to accomplish this and should be
amended to allow additional time for the
Planning Commission's consideration. The
Government Code indicates the Planning
Commission must report back to the City
Council within 40 days (Zoning amendments)
or 45 days (General Plan amendments), or a
longer timeframe specified by the City
Council. The proposed amendment is
consistent with the Government Code.
14
ATTACHMENT 3
Ref.# Proposed Amendment Discussion/Analysis Code Zone/
Section(s) Chapter
47. Delete Section 21.52.140 (Review of zone This section requires the Planning Commission to
changes). review zone changes one year after they have been
granted, and if the new zone has not been "utilized"
then the Planning Commission can consider whether
the zone should revert back to the original zone or
change to a different zone. This is not consistent
with the process of designating zones or processing
amendments to zones. Zoning is intended to
implement the General Plan; a zone cannot be Amend-changed without ensuring consistency with the 21.52.140 ments General Plan. The land use and zoning designations
applied to a property should be based on what is
most appropriate for that area, not on whether or not
the zone has been "utilized". The Planning
Commission currently does not review zone changes
annually, and deleting this section will ensure
consistency with the current practice of processing
zone changes.
48. Delete the section which specifies that the This section should be deleted because it conflicts
Planning Commission may approve with an existing provision in the Sign ordinance
temporary real estate signs for new (21.41.095-Table C), which allows for signage on 21.53.100 Uses
subdivisions. "real property which is for rent, sale, or lease-all Generally
zones," through the issuance of a typical sign permit.
15
ATTACHMENT 3
Ref.# Proposed Amendment Discussion/Analysis Code Zone/
Section(s) Chapter
49. Amend Section 21.53.150 to clarify that the Federal law preempts local land use law for satellite
Planning Director shall "modify or waive" antennas (i.e. local laws shall riot be imposed on
standards applicable to satellite television satellite antennas if those laws would prevent the
antennas. installation of an antenna or impose unreasonable
costs). Section 21.53.150 (Satellite television
antenna -Variance to standards) complies with
Federal law by requiring the Planning Director to
grant a variance to the satellite antenna standards if
they prevent the installation or impose unreasonable Uses costs. The "variance" in this section is intended to 21.53.150 Generally mean a waiver or modification of standards;
however, the term "variance" is typically interpreted
as meaning the formal Variance process required by
Chapter 21.50, which is not the appropriate process
to modify standards in this case (because the City is
preempted by Federal law). Therefore, this
amendment will replace the term "variance" with
"modify or waive".
50. In the Procedures, Hearings, Notices and The planning director is the secretary of the planning Procedures Fees chapter, change the term "secretary of commission, and the amendment proposes to clarify 21.54.064 Hearings the planning commission" to "planning this outdated language. 21.54.140 Notices & director". Fees
16
ATTACHMENT 3
Ref.# Proposed Amendment Discussion/Analysis Code Zone/
Section(s) Chapter
51. Clarify the provisions for appealing Planning
Director and Planning Commission
decisions:
a. Specify that the grounds for appeals a. This amendment places the burden of proof
are limited to an abuse of discretion on the appellant to demonstrate that there
by the decision maker, or that there was an abuse of discretion by the decision
wasn't a fair and impartial hearing maker, which gives greater deference to the
(Planning Commission). original decision as the basis for an appeal. Procedures
21.54.140 Hearings
b. Specify that the appeal hearing is de 21.54.150 Notices &
novo but at the appeal hearing, the b. The proposed language will clarify that Fees
decision maker can only consider the appeal hearings are de novo (i.e. the higher
evidence considered in the original body may overturn the decision of a lower
decision being appealed. body), and will clarify what information can be
considered in the decision on an appeal ( only
the information considered by the original
decision maker) -no new information can be
introduced in an appeal hearing.
52. In Chapter 21.55 (Dedication of Land and Section 21.55.020 indicates that the chapter is Dedication Fees for School Facilities), correct/clarify adopted pursuant to Section 65970 of the California of land for references to the California Government Government Code; Section 65970 is incorrect; the 21.55.020 School Code. correct citation is Section 66478. Facilities
53. In Chapter 21.58, establish/clarify the The proposed new code section (21.58.010) will
process to remedy violations of conditions of establish a requirement for the City to issue a Notice
approval, and to revoke permits. of Violation when a property owner or permittee has
not complied with the conditions of approval of their
permit, which will assist the City in remedying 21.58.010 Revocation
violations of conditions of approval. 21.58.020 -Expiration
In addition, the existing provisions for revoking
permits are proposed to be clarified.
17
ATTACHMENT 3
Ref.# Proposed Amendment Discussion/Analysis Code Zone/
Section(s} Chapter
54. In Chapter 21.62 (Violations), add a section This new section indicates the City's right to remedy
that indicates the city right to enforce any violations.
remedy for violations in accordance with
Chapters 1. 08 and 1.10 of the Carlsbad 21.62.020 Violations
Municipal Code, including but not limited to
recording a notice of violation.
55. Clarify the provisions of Section 21.83.040 The C-F zone (Chapter 21.25) lists child daycare
(Child Care Use Chart), and add the C-F centers as a permitted use; however the C-F zone
zone to the list of zones in the use chart was inadvertently omitted from the use chart in the
which allow child daycare centers. Child Care chapter (21.83) and should be added. 21.83.040 Child Care
In addition, minor amendments to the wording of this
section are proposed to provide better clarity.
56. In the Child Care Use Chart (footnote #1), State law specifies that large family day care homes
delete the minimum lot size specified for are permitted in any single family dwelling. To be
large family day care homes. consistent with State law, the City must allow such
uses in any single family dwelling, regardless of lot
size. The Child Care regulations currently require 21.83.040 Child Care that large family day care be conducted within single
family dwellings located on lots of 7,500 sf. or more;
this minimum lot size requirement should be deleted
for consistency with State law.
57. In the Senior Housing regulations, clarify Section 21.84.080 (application process for senior
that the site development plan findings (in housing projects) requires a site development plan
Chapter 21.06) do not apply to senior processed pursuant to Chapter 21.06 (Q-Overlay
housing projects. zone, which specifies the process for approving a
SOP); however, 21.84.080 states that the findings of
21.06 (specifically findings: 1, 2, 3, and 4) are not
applicable to senior housing projects. After the Housing for
senior housing ordinance was adopted, a fifth finding 21.84.080 Senior
was added to Chapter 21.06 for site development Citizens
plans, which applies to the development of shopping
centers. To clarify that this fifth finding is not
applicable to senior housing, Section 21.84.080 is
proposed to be amended to clarify all findings in
21.06 are not applicable to senior housing.
18
ATTACHMENT 3
Ref.# Proposed Amendment Discussion/Analysis Code Zone/
Section(s) Chapter
58. In the occupancy requirements for senior This amendment corrects a typographical error; the
housing, correct a typo to clarify that "more" current text reads " ... may result in less than, but not Housing for
than, but not less than 80%, of all dwellings less than 80% ... " the correct language should read 21.84.100 Senior
must be occupied by a qualifying resident. " ... may result in more than, but not less than 80% .. ." Citizens
59. In the Density Bonus chapter (21.86), "Severability" is a more appropriate term for this
change the title of Section 21.86. 150 from section, and is consistent with other chapters of the 21.86.150 Density
"Seperability of provisions" to "Severability". code. Bonus
60. In the Hillside Development regulations The purpose of this amendment is to clearly state
(Chapter 21.95), clarify that if a project is when a Hillside Development Permit is required.
exempt from the Hillside Development The existing language is unclear regarding projects
Permit requirements, but does not comply that normally would be exempt but are required to Hillside with the standards in 21.95, then a Hillside obtain a permit because they do not comply with the 21.95.040 Dev. Development Permit is required in order to standards in 21.95.
obtain an exclusion or modification to the
standards.
61. In the requirements for recycling collection This amendment corrects a typographical error.
and processing facilities, change the
reference to the conditional use permit 21.105.030 Recycling
requirements from Chapter "21.50" to 21.105.040 Facilities
"21.42".
62. In the Floodplain Management Regulations, This amendment proposes to clarify existing findings,
add findings to be made when approving a and add other standard findings made by the
floodplain special use permit.. Relocate the Planning Commission when approving a floodplain 21.110.020 Floodplain "Findings of fact" statements made for the special use permit. The other proposed changes are
establishment of the floodplain regulations to clarify related code sections. 21.110.030 Mngt.
into the "Statement of purpose" section of 21.110.135
the chapter.
63. Specify that the Planning Commission is the The "floodplain administrator" role is not clearly
floodplain administrator, and that they may defined in the existing code. The Planning
approve floodplain special use permits upon Commission is the floodplain administrator per City 21.110.130 Floodplain
the advice of the city engineer. Council Agenda Bill 9670, and the language 21.110.140 Mngt.
proposed intends to clarify who is the "floodplain 21.110.150
administrator", and what their authority is.
19
ATTACHMENT 3
Ref.# Proposed Amendment Discussion/Analysis Code Zone/
Section(s) Chapter
64. In the requirements for minor coastal permits This amendment corrects a typographical error to
for second dwelling units (Section reference the correct code section for second Coastal 21.201.085), clarify the reference to the dwelling unit standards (21.10.030), and clarifies that Dev. second dwelling unit standards located in second dwelling units constructed in the Coastal 21.201.085 Permit Chapter 21.10. Zone must also be in conformance with the Procedures development standards in 21.10.030.
65. Delete the timeframes required for submittal Currently, the code requires an application for an
and approval of extensions to coastal extension to coastal development permit to be
development permits. submitted not more than 90 days or less than 45
days prior to CDP expiration; the code also requires
that a final decision on the application be made no
more than 45 days after the expiration. State law
does not require these timeframes, and they conflict Coastal with other permit extension timeframes. Typically, all Dev. permits associated with a single project are extended 21.201.210 Permit at the same time. This amendment modifies the Procedures timeframes to require an extension application be
submitted "prior" to the expiration of the permit, and if
the extension application was "timely filed", an
extension can be granted by the city after the
expiration date; this process is consistent with the
extension process of other permits.
66. In the Coastal Shoreline Development According to the Coastal Commission Public Access
Overlay Zone, specify that the applicant is Action Plan, it is the responsibility of the applicant to Coastal
responsible for submitting documents to the submit the documents in question to the Coastal 21.204.080 Shoreline
Coastal Commission for dedication of public· Commission. Dev.
accessways. Overlay
67. In the Coastal Shoreline Development Applicants cannot waive claims of liability. It is the Coastal Overlay Zone, add language requiring the City's practice to require applicants to indemnify and Shoreline applicant to indemnify and hold the City hold the City harmless from liability. 21.204.120 Dev. harmless from any liability. Overlay
20
ATTACHMENT 3
Ref.# Proposed Amendment Discussion/Analysis Code Zone/
Section(s) Chapter
68. Amend the Commercial Visitor Overlay Zone By excluding incidental outdoor dining (400 square
to exclude "outdoor dining (incidental)" from feet maximum) from the parking required for
the parking required for restaurants. restaurants, restaurants will be encouraged to
provide outdoor dining, which is a desirable amenity
in coastal southern California.
Currently, in all areas of the city, with the exception
of the Commercial Visitor Serving Overlay Zone
0 (CVSOZ), outdoor dining areas that do not exceed
400 square feet (incidental) are exempt from the 21.208.020 Comm.I
parking required for restaurants. Within the CVSOZ, 21.208.060 Visitor
restaurants are subject to a higher parking 21.208.100 Serving
requirement than restaurants outside of the CVSOZ; Overlay
therefore, additional parking is already required, and
staff recommends that even more parking for
incidental outdoor dining (compared to that required
for restaurants outside the CVSOZ) is not necessary.
The small space permitted for incidental outdoor
dining does not add any significant demand for
parking, and the benefit of providing outdoor dining
should be encouraged.
69. In Section 21.208.050 (uses permitted by a This amendment corrects a typographical error.
conditional use permit in the CVSOZ), Comm./
replace the reference to the conditional use 21.208.050 Visitor
permit requirements in Chap. 21.50 with Serving
reference to Chap. 21.42. Overlay
21
ZCA 07-02/LCPA 07-03
MISCELLANEOUS ZONE CODE AMENDMENT
STRIKE-OUT /UNDERLINE
ATTACHMENT 4
The list of sections in Chapter 21.04 (Definitions) is proposed to be amended by the deletion of the
reference to 21.04.188.1, and the addition of a reference to Section 21.04.290.1, as follows:
21.04.188.1 Incidental 01:1tdoor dining areas.
21.04.290.1 Outdoor Dining (Incidental)
Section 21.04.145 (Definitions, "Family") is proposed to be amended as follows:
21.04.145 Family.
"Family" means one or more persons living together in a dwelling unit, with common access
to, and common use of all living, kitchen, and eating areas within the dwelling unit. a reasonable
n1:1mber of persons 1Nho constit1:1te a bona fide single ho1:1sekeeping unit. Residents and operators of a
residential care facility serving six or fewer persons shall be considered a family for purposes of any
zoning regulation relating to residential use of such facilities. •
Section 21.04.188.1 (Definitions, Incidental outdoor dining areas) 1s proposed to be deleted (see
21.04.290.1, below, for the replacement definition):
21.04 .188.1 IRcidental 01:1tdoor dining areas.
"IRcidental 01:1tdoor diRiRg area" means, e1,•eF)'\1i•here e:irnept 1.vithin the rede1.•elopment area
local coastal program segment anti e*cept 1Nithin the commercial/visitor serYing oyerlay 2:one, a small
e*tension of an intloor resta1:1rant, bona fide eating establishment, or deli which emends 01:1tdoors
beyond the 1Nalls of the restauraRt aRd which is used e:i,cl1:1sively for eating, drinkiRg and pedestriaR
circ1:1lation therein. Incidental 01:1tdoor diniRg areas shall be utili2:ed only as e:icteRsions of resta1:1raRts
pro1,riding iRdoor seating and whice are proper!~• Iieensed for s1:1ch serviee. On properties located west
of the railroad riget of way aRd 01:1tside of the 1,zillage redevelopment area, incidental outdoor diniRg
areas shall be allowed oHly weere tee e*isting iRdoor resta1:1raRt, bona fide eatiHg establisement, or deli
pro1,•iaes OH site parkiRg ifl eompliance wite tee parking ratios specified iH Ceapter 21. 4 4 (Parking) of
this code. IRcidental 01:1tdoor diRing areas may be located on pfr,,ate property only (not iR tee p1:1blic
ATTACHMENT 4
right of ·way). The ma),imum number of seats, tables and square feet al101n<ed in an incidental outdoor
dining area shall be limited to:
(i) A maximum of twenty percent of the. number of indoor seats or a maximum of twenty
seats, whichever is more restrictive; and,
(ii) A maximum of six tables; and
(iii) i\ maximum of four hundred square feet in area.
Incidental outdoor dining areas may be allowed pursuant to Chapter 21.26 of this code. Any
amount of outdoor dining area exceeding tl~e above limitations shall not be considered "incidental" for
purposes of this definition.
Section 21.04.290.1 (Definitions, Outdoor Dining (Incidental)) is proposed to be added as follows:
21.04.290.1 Outdoor Dining (Incidental).
"Outdoor dining (incidental)" means a small extension of an indoor restaurant, bona
fide eating establishment, or deli which extends outdoors beyond the walls of the restaurant, and
does not exceed the limitations established in Chapter 21.26.
2
ATTACHMENT 4
Section 21.05.095 (Zone Establishments -Boundaries, Combination Zoning) is proposed to be amended
as follows:
Combination zoning. 21.05.095
A. As provided by the Carlsbad General Plan, some areas of the city are suitable for
more than one land use classification; and often, multiple land use designations are assigned to
areas in the early planning stages when it is unclear what the most appropriate designation may be
or where the boundaries of such designations should be located. These areas are referred to in the
General Plan as "combination districts". It is the intent of this section to implement the General
Plan provisions for "combination districts", as follows:
1. Two or more zones (combination zoning) may be permitted on property with two or
more General Plan land use designations (combination district), as a means of implementing the
combination district.
Prior to approval of aAy combiAatioR :wAiAg, it must be fouAd that all of the followiAg
circumstaRces e:Kist OH the property where the combiAatioA z:oAiRg is to be applied:
(1) The characteristics of the site demoAstrate that the use of a siAgle z:oAe is iAadequate to
allow proper plaAAiRg aAd deYelopmeAt iA coAformaAce with the geReral plaA;
(2) The area is partially developed uAder aA e:KistiAg :wne, but desirable uses for the iAfill of
this area are Hot permitted tmder the eJ.istiAg :wAe;
(3) The characteristics of the area are such that a combiAatioA z:oAe would allov,1 a greater
ability for laAd uses to be compatible 1,vith aAd protect surrouAdiAg laAd uses.
2. The designation of combination zoning requires additional comprehensive planning.
Prior to the approval of any permits for development of property with combination zoning, the following
must occur:
a. If the combination zoning applies to property consisting of 25 acres or more, a
specific plan, shall be approved pursuant to Section 65450 et seq. of the Government Code. The specific
plan, shall establish the regulations and development standards for such property and the uses pennitted
thereon~, consistent with the underlying general plan designations.
b. If the combination zoning applies to property consisting of less than 25 acres, a site
development plan shall be approved and shall establish the regulations and development standards
for such property and the uses permitted thereon shall be consistent with the underlying zoning
designations.
It is iAteAded that such combiAatioA z:oAiAg may apply 0Al)1 to AOAresideAtial z:oAes m.cludiAg the
R P z:ofle, and t!:iat the uses permitted may be an:Y combinatioA of peffflitted uses as pro,1ided iA the
specific plaA.
3
ATTACHMENT 4
The legend of Table A of Section 21.07.020 (E-A Exclusive Agricultural Zone, Permitted Uses) is
proposed to be amended as follows:
Table A
Permitted Uses
In the table, below, subject to all applicable permitting and development requirements of the
municipal code:
"P" indicates use is permitted. (See note 7 beJow)
"CUP" indicates use is pennitted with approval of a conditional use permit. (See note 7 below)
1 == Administrative hearing process
2 == Planning commission hearing process
3 == City council hearing process
"Ace" indicates use is permitted as an accessory use.
Table A of Section 21.07.020 (E-A Exclusive Agricultural Zone, Permitted Uses) is proposed to be
amended by the addition of the following footnote:
7. Any use meeting the definition of an entertainment establishment, as defined in Section
8.09.020 of the Carlsbad Municipal Code (CMC), shall be subject to the requirements of CMC
Chapter 8.09.
Section 21.07.120(1) (E-A Exclusive Agricultural Zone, Development standards) is proposed to be
amended as follows:
(1) Garage(s), which are provided to meet the parking requirements for dwelJings
pursuant to Section 21.44.020 of this title, Eaeh dv,,elling 1:1nit shall .!!£..ha1,'e a tv,'0 ear garage, whieh is
architecturally integrated with and-has-have an exterior similar to the dwelling unit. S1:1eh garage shall
have a fflinin::mm difflensien ef twenty feet sq1:1are.
4
ATTACHMENT 4
The legend of Table A of Section 21.08.020 (R-A Residential Agricultural Zone, Permitted Uses) is
proposed to be amended as follows:
Table A
Permitted Uses
In the table, below, subject to all applicable permitting and development requirements of the
municipal code:
"P" indicates use is permitted. (See note 7 below)
"CUP" indicates use is permitted with approval of a conditional use permit. (See note 7 below)
1 = Administrative hearing process
2 = Planning commission hearing process
3 = City council hearing process
"Ace" indicates use is permitted as an accessory use.
Table A of Section 21.08.020 (R-A Residential Agricultural Zone, Permitted Uses) is proposed to be
amended by the addition of the following use:
Use p CUP Ace
Residential care facilities (serving six or fewer J:!ersons) X
(defined: Section 21.04.300)
Table A of Section 21.08.020 (R-A Residential Agricultural Zone, Permitted Uses) is proposed to be
amended by the addition of the following footnote:
7. Any use meeting the definition of an entertainment establishment, as defined in Section
8.09.020 of the Carlsbad MuniciJ:!al Code (CMC), shall be subject to the requirements ofCMC
ChaJ:!ter 8.09.
Section 21.08.100.A.1 (R-A Residential Agricultural Zone, Development standards) is proposed to be
amended as follows:
1. Garage(s), which are J:!rovided to meet the parking requirements for dwellings
pursuant to Section 21.44.020 of this title, shall !!£..ha1,'e a two car garage, ,,,,zith a mi0iHn:1m dimeesioe
of tweet)' feet sqHare 1.i.zhich is architecturally integrated with and~have an exterior similar to the
dwelling unit:. 1.i,zith the fullo1.Yi0g e*ceptioe:
5
ATTACHMENT 4
a. One additional paved off street (eovered or uneovered) parking spaee shall be provided
for a seeond dwelling unit and shall eomply 1Nith the requirements of Chapter 21.4 4. The additional
parking spaee may be provided through tandem parking (provided that the garage is set baek a minimum
of tv,renty feet from the property line) or in the front yard setbaek;
6
ATTACHMENT 4
The legend of Table A of Section 21.09.020 (R-E Rural Residential Estate Zone, Permitted Uses) is
proposed to be amended as follows:
Table A
Permitted Uses
In the table, below, subject to all applicable permitting and development requirements of the
municipal code:
"P" indicates use is permitted. (See note 6 below)
"CUP" indicates use is permitted with approval of a conditional use permit. (See note 6 below)
1 = Administrative hearing process
2 = Planning commission hearing process
3 = City council hearing process
"Ace" indicates use is pennitted as an accessory use.
Table A of Section 21.09.020 (R-E Rural Residential Estate Zone, Permitted Uses) is proposed to be
amended by the addition of the following use:
Use p CUP Ace
Residential care facilities (serving six or fewer l!ersons) X
(defined: Section 21.04.300)
Table A of Section 21.09.020 (R-E Rural Residential Estate Zone, Permitted Uses) is proposed to be
amended by the addition of the following footnote:
6. Any use meeting the definition of an entertainment establishment, as defined in Section
8.09.020 of the Carlsbad Munici(!al Code (CMC), shall be subiect to the requirements of CMC
Cha(!ter 8.09.
Section 21.09.190(1) (R-E Rural Residential Estate Zone, Development standards) is proposed to be
amended as follows:
(1) Garage(s), which are (!rovided to meet the (!arking requirements for dwellings
(!Ursuant to Section 21.44.020 of this title, Eaeh dwelling 1:1nit shall be ha:ve a two ear garage, vl'ith a
fflinim1:1ffl dimensioR of tweRt)' feet sq1:1are ,,,hieh is architecturally integrated with and-has-have an
exterior similar to the dwelling unit.: witl~ the followi0g e)rneptioR:
(A) O0e additional pa:ved off street (eo,,rered or 1:10eo>i1ered) parking spaee shall ee pro,,rided
for a seeoRd dwelling 1:10it aRd shall eomply 'n'ith the req1:1ireme0ts of Chapter 21. 4 4. The additional
7
ATTACHMENT 4
parking space may be provided thrm1gh tanden:i parking (provided that the garage is set back a minimum
of tv,renty feet from the property line) or in the front yard setback;
8
ATTACHMENT 4
The legend of Table A of Section 21.10.020 (R-1 One-Family Residential Zone, Permitted Uses) is
proposed to be amended as follows:
Table A
Permitted Uses
In the table, below, subject to all applicable pennitting and development requirements of the
municipal code:
"P" indicates use is permitted. (See note 4 below)
"CUP" indicates use is pennitted with approval of a conditional use permit. (See note 4 below)
1 = Administrative hearing process
2 = Planning commission hearing process
3 = City council hearing process
"Ace" indicates use is permitted as an accessory use.
Table A of Section 21.10.020 (R-1 One-Family Residential Zone, Permitted Uses) is proposed to be
amended by the addition of the following use:
Use p CUP Ace
Residential care facilities (serving six or fewer I!ersons) X
(defined: Section 21.04.300)
Table A of Section 21.10.020 (R-1 One-Family Residential Zone, Permitted Uses) is proposed to be
amended by the addition of the following footnote:
4. Any use meeting the definition of an entertainment establishment, as defined in Section
8.09.020 of the Carlsbad Municil!al Code {CMC), shall be subject to the requirements of CMC
Chapter 8.09.
Section 21.10.030 (R-1 One Family Residential Zone, Second dwelling units) is proposed to be amended
as follows:
21.10.030 Second dwelling units.
A. The public good is served when there exists in a city housing which is appropriate for the
needs of and affordable to all members of the public who reside within that city. Among other needs,
there is in Carlsbad a need for affordable rental housing. Therefore, it is in the public interest for the city
to promote a range of housing alternatives in order to meet the affordable rental housing needs of its
9
ATTACHMENT 4
citizens. This section is intended to provide a rental housing alternative by establishing a procedure to
create new second dwelling units.
B. The provisions of this section shall apply to single-family zones R-A, R-E and R-1, areas
designated by a master plan for single-family detached dwellings in P-C zones and lots within
multifamily zones R-2, R-3, R-P, R-T, R-W and RD-M, which are developed with single-family
residences.
C. Second dwelling units developed within the coastal zone require a minor coastal
development permit issued according to the provisions of Section 21.201.085 and a building permit.
Second dwelling units outside of the coastal zone require a building permit.
D. The completed minor coastal development permit and/or building permit application for a
second dwelling unit shall include the following information:
1. The name(s) of the owner(s);
2. The address of the dwelling units;
3. The assessor's parcel number;
4. Building elevations and a general floor plan of the second dwelling unit;
5. A scaled drawing showing the lot dimensions, the location of the primary and second
dwelling unit, location of all vehicular parking and the total square footage of both units;
6. Description and location of water and sanitary (sewer) services; and
7. An ™ applicant signed and notarized Notice of Restriction, to be recorded
against the property, in conformance with Section 21.10.030.E.15 of this Chapter. affidaYit ef
coFApliance declaring that:
(a) the second dv,relling unit is not in conflict >,1,•ith existing conditions, covenants and restrictions
(CC&Rs) applicable to the title of the subject property;
(b) the property owaer(s) shall reside in either the main d1.i,relling unit or the second dwelling unit,
unless a lessee leases both the Fnain dv,relling and the second dwelling unit;
(c) the property owaers agree to rent the second dwelling unit at a Fnonth.ly rental rate •.i,rhich shall
not exceed an incoFAe of a low incoFAe household, adjusted for household si:z:e, at eighty percent of the
San Diego County Fnedian iacoFAe.
E. Second dwelling units shall comply with the following:
1. The second dwelling unit shall either be attached to the main dwelling unit and located
within the habitable area of the main dwelling unit or detached from the main dwelling unit and located
on the same lot as the main dwelling unit;
2. The second dwelling unit shall have a separate entrance;
3. The second dwelling unit must meet the setback, lot coverage and other development
standards applicable to the zone which are not addressed within this subsection. In the coastal zone, any
housing development processed pursuant to this chapter shall be consistent with all certified local coastal
program provisions, with the exception of density, or as otherwise specified within this subsection;
4. Attached second dwelling units shall conform to the height limits applicable to the zone
and detached second dwelling units shall be limited to one story, except that second dwelling units
constructed above detached garages shall be permitted and shall conform to the height limits applicable to
the zone;
5. Garage conversions are prohibited unless replacement off-street garage parking is
provided concurrently and in compliance with the requirements of Chapter 21.44;
6. Second dwelling units shall not be permitted on a lot or parcel having guest or accessory
living quarters, or a residential care facility. Existing guest or accessory living quarters may be converted
into a second dwelling unit provided that all zoning and structural requirements are met;
7. One additional paved off-street (covered or uncovered) parking space shall be provided
for the second dwelling unit and shall comply with the requirements of Chapter 21.44. The additional
parking space may be provided through tandem parking (provided that the garage is set back a minimum
of twenty feet from the property line) or in the front yard setback;
8. Adequate water and sewer capacity and facilities for the second dwelling unit must be
available or made available;
9. All necessary public facilities and services must be available or made available;
10. The second unit may be rented and shall not be sold separately from the main dwelling
unit unless the lot on which such units are located is subdivided. The lot upon which the second unit is
10
ATTACHMENT 4
located shall not be subdivided unless each lot which would be created by the subdivision will comply
with the requirements of this title and Title 20; and further provided, that all structures existing on each
proposed lot will comply with the development standards applicable to each lot;
11. The total area of floor space for an attached or detached second unit shall not exceed six
hundred forty square feet;
12. The second dwelling unit shall be architecturally compatible with the main dwelling unit,
in terms of appearance, materials and finished quality;
13. A second dwelling unit which conforms to the requirements of this section shall be
allowed to exceed the pennitted density for the lot upon which it is located and shall be deemed to be a
residential use consistent with the density requirements of the general plan and the zoning designation for
the lot;
14. The size of the lot upon 1Nhich a second dwelling unit is proposed shall not be less than
the minimum lot size required of the zone.
14. Second dwelling units intended to satisfy an inclusionary requirement shall comply
with the requirements of Chapter 21.85, including but not limited to the applicable rental rates and
income limit standards.
15. The owner shall sign and notarize a Notice of Restriction, to be recorded against the
property, declaring that:
a. If the second dwelling unit is rented, the monthly rental rate shall not exceed the
allowable housing expense of a low-income household (defined: Section 21.85.020).
b. The property owner(s) shall reside in either the main dwelling unit or the second
dwelling unit, unless a lessee leases both the main dwelling and the second dwelling unit;
c. The obligations and restrictions imposed on the second dwelling unit per this
Chapter are binding on all present and future property owners.
Section 21.10.120.A.1. (R-1 One-Family Residential Zone, Development standards) is proposed to be
amended as follows:
l. Garage(s), which are provided to meet the parking requirements for dwellings
pursuant to Section 21.44.020 of this title, each dv,relling unit shall be have a t1No car garage, 1Nith a
minimum dimension of PNenty feet square which is architecturally integrated with and has-have an
exterior similar to the dwelling unit:. with the following exception:
a. One additional paved off street (coYered or unco1,•ered) parking space shall be pro¥ided
for a second dwelling unit and shall comply with the requirements of Chapter 21.4 4. The additional
parking space may be proYided through tandem parking (provided that the garage is set back a minirm:1m
of twenty feet from the property liRe) or in the front yard setback;
11
ATTACHMENT 4·
The legend, of Table A of Section 21.12.020 (R-2 Two-Family Residential Zone, Permitted Uses) is
proposed to be amended as follows:
Table A
Permitted Uses
In the table, below, subject to all applicable permitting and development requirements of the
municipal code:
"P" indicates use is permitted. (See note 7 below)
"CUP" indicates use is permitted with approval of a conditional use permit. (See note 7 below)
I = Administrative hearing process
2 = Planning commission hearing process
3 = City council hearing process
"Ace" indicates use is permitted as an accessory use.
Table A of Section 21.12.020 (R-2 Two-Family Residential Zone, Permitted Uses) is proposed to be
amended by the addition of the following use:
Use p CUP Ace
Residential care facilities (serving six or fewer J!ersons) X
(defined: Section 21.04.300)
Table A of Section 21.12.020 (R-2 Two-Family Residential Zone, Permitted Uses) is proposed to be
amended by the addition of the following footnote:
7. Any use meeting the definition of an entertainment establishment, as defined in Section
8.09.020 of the Carlsbad Municipal Code (CMC), shall be subject to the requirements of CMC
Chapter 8.09.
12
ATTACHMENT 4
The legend of Table A of Section 21.16.020 (R-3 Multiple-Family Residential Zone, Permitted Uses) is
proposed to be amended as follows:
Table A
Permitted Uses
In the table, below, subject to all applicable permitting and development requirements of the
municipal code:
"P" indicates use is permitted. (See note 7 below)
"CUP" indicates use is pennitted with approval of a conditional use permit. (See note 7 below)
1 == Administrative hearing process.
2 == Planning commission hearing process.
3 == City council hearing process.
"Ace" indicates use is permitted as an accessory use.
Table A of Section 21.16.020 (R-3 Multiple-Family Residential Zone, Permitted Uses) is proposed to be
amended by the addition of the following use:
Use p CUP Ace
Residential care facilities (serving six or fewer persons) X
(defined: Section 21.04.300)
Table A of Section 21.16.020 (R-3 Multiple-Family Residential Zone, Permitted Uses) is proposed to be
amended by the addition of the following footnote:
7. Any use meeting the definition of an entertainment establishment, as defined in Section
8.09.020 of the Carlsbad Municipal Code (CMC), shall be subject to the requirements of CMC
Chapter 8.09.
Section 21.16.070 (R-3 Multiple-Family Residential Zone, Minimum lot area) is proposed to be amended
as follows:
21.16.070 Minimum lot area.
A. The minimum required area of a lot in the R-3 zone shall be not less than seven thousand
five hundred square feet, uAless otherwise showA OR the ~oAiAg map.
13
ATTACHMENT 4
Section 21.16.080 (R-3 Multiple-Family Residential Zone, Lot width) is proposed to be amended as
follows:
21.16.080 Lot width.
A. Every lot created after the effective date of the ordinance codified in this chapter shall
maintain a width not less than fifty feet at the rear line of the required front yard; provided, however, if
the zoning map indicates a miHimum required area of siK thousand square feet or more, the minimum
1.vidth of a lot shall be not less than sixty feet at the rear line of the required front yard.
14
ATTACHMENT 4
The legend of Table A of Section 21.18.020 (R-P Residential Professional Zone, Permitted Uses) is
proposed to be amended as follows:
Table A
Uses Permitted When the R-P Zone Implements the
"O" (Office) General Plan Land Use Designation
In the table, below, subject to all applicable permitting and development requirements of the
municipal code:
"P" indicates use is permitted. (See note 3 below)
"CUP" indicates use is permitted with approval of a conditional use permit. (See note 3 below)
1 = Administrative hearing process.
2 = Planning commission hearing process.
3 = City council hearing process.
"Ace" indicates use is permitted as an accessory use.
Table A of Section 21.18.020 (R-P Residential Professional Zone, Permitted Uses) is proposed to be
amended by the addition of the following footnote:
3. Any use meeting the definition of an entertainment establishment, as defined in Section
8.09.020 of the Carlsbad Municipal Code (CMC), shall be subject to the requirements of CMC
Chapter 8.09.
15
ATTACHMENT 4
The legend of Table A of Section 21.20.010 (R-T Residential Tourist Zone, Permitted Uses) is proposed
to be amended as follows:
Table A
Pennitted Uses
In the table, below, subject to all applicable permitting and development requirements of the
municipal code:
"P" indicates use is permitted. (See note 2 below)
"CUP" indicates use is permitted with approval of a conditional use permit. (See note 2 below)
1 = Administrative hearing process.
2 = Planning commission hearing process.
3 = City council hearing process.
"Ace" indicates use is permitted as an accessory use.
Table A of Section 21.20.010 (R-T Residential Tourist Zone, Permitted Uses) is proposed to be amended
by the addition of the following footnote:
2. Any use meeting the definition of an entertainment establishment, as defined in Section
8.09.020 of the Carlsbad Municipal Code (CMC}, shall be subject to the requirements of CMC
Chapter 8.09.
16
ATTACHMENT 4
Section 21.21.140 (H-0 Hospital Overlay Zone, Parking) is proposed to be amended as follows:
21.21.140 Parking.
Minimum:
A. Parking shall be provided subject to the provisions of Chapter 21.44 of this title.
(1) Hospitals: three spaces for each bed or one per tv.'O hundred square feet of gross floor
area, whichever is greater;
(2) Medical or dental offices or cliRics: one space for each tv,'o hundred square feet of gross
floor area;
(3) Other uses: parking shall be required pursuaRt to Chapter 21 .14 of this code;
f4)B. Additional parking may be required as part of the site development plan. Up to t\venty
five percent of the required parking may be provided as compact spaces, eight feet by fifteen feet in siz:e.
17
ATTACHMENT 4
The legend of Table A of Section 21.22.020 (R-W Residential Waterway Zone, Pen'nitted Uses) 1s
proposed to be amended as follows:
Table A
Permitted Uses
In the table, below, subject to all applicable permitting and development requirements of the
municipal code:
"P" indicates use is permitted. (See note 7 below)
"CUP" indicates use is permitted with approval of a conditional use permit. (See note 7 below)
1 = Administrative hearing process.
2 = Planning commission hearing process.
3 = City council hearing process.
"Ace" indicates use is permitted as an accessory use.
Table A of Section 21.22.020 (R-W Residential Waterway Zone, Permitted Uses) is proposed to be
amended by the addition of the following use:
Use p CUP Ace
Residential care facilities (serving six or fewer (!ersons) X
(defined: Section 21.04.300)
Table A of Section 21.22.020 (R-W Residential Waterway Zone, Permitted Uses) is proposed to be
amended by the addition of the following footnote:
7. Any use meeting the definition of an entertainment establishment, as defined in Section
8.09.020 of the Carlsbad Munici(!al Code (CMC), shall be subiect to the requirements of CMC
Cha(!ter 8.09.
18
ATTACHMENT 4
The legend of Table A of Section 21.24.020 (RD-M Residential Density-Multiple Zone, Permitted Uses)
is proposed to be amended as follows:
Table A
Permitted Uses
In the table, below, subject to all applicable permitting and development requirements of the
municipal code:
"P" indicates use is permitted. (See note 6 below)
"CUP" indicates use is permitted with approval of a conditional use permit. (See note 6 below)
1 = Administrative hearing process.
2 = Planning commission hearing process.
3 = City council hearing process.
"Ace" indicates use is permitted as an accessory use.
Table A of Section 21.24.020 (RD-M Residential Density-Multiple Zone, Permitted Uses) is proposed to
be amended by the addition of the following use:
Use p CUP Ace
Residential care facilities (serving six or fewer uersons) X
(defined: Section 21.04.300)
Table A of Section 21.24.020 (RD-M Residential Density-Multiple Zone, Permitted Uses) is proposed to
be amended by the addition of the following footnote:
6. Any use meeting the definition of an entertainment establishment, as defined in Section
8.09.020 of the Carlsbad Municipal Code (CMC), shall be subject to the requirements of CMC
Chanter 8.09.
Section 21.24.050.A.3 (RD-M Residential Density-Multiple Zone, Side yard) is proposed to be amended
as follows:
3. A zero foot side yard setback shall be permitted to one interior side yard, provided:
a. That the owners of both lots common to the proposed zero foot side yard are m
agreement,
a. That a specific plaR is filed with the city for appro•ral, sho:wiRg the proposed 01:1ildi0g
locatio0s, parki0g, a0d side yard areas for 00th lots, aRd
19
ATTACHMENT 4
Q_. That the remaining side yard shall be not less than twenty-five percent of the total lot
width measured at the front setback line:~
c. That the building permit application and other permit applications required by this
code (if any) for the project shall include a site plan that shows the proposed building location,
parking, and side yard setback for both lots common with the proposed zero foot side yard, to the
satisfaction of the planning director, and
d. That an easement or other recorded agreement for maintenance purposes be
granted to provide access to the adjoining lot when there is no side yard.
20
ATTACHMENT 4
Table A of Section 21.25.040.D (Community Facilities Zone, Permitted Uses) is proposed to be amended
as follows:
Table A
Uses Permitted
In the table, below, subject to all applicable permitting and development requirements of the
municipal code:
"P" indicates the use is permitted. (See note 1 below)
"CUP" indicates that the use is permitted with approval of a conditional use permit. (See note 1
below)
1 = Administrative hearing process.
2 = Planning commission hearing process.
3 = City council hearing process.
"Ace" indicates the use is permitted as an accessory use.
Use
Adult and/or senior day care and/or recreation facility (private or
nonprivate)
Agricultural farm worker housing (temporary) (subject to Section
21.42. l 40(B)(2))
Biological hal3itat preserYe (sl:IIJ:ject to Section 21.42.140(B)(30))
(aefinea: Section 21.04.048)
Charitable service (private/semi-private)
Child day care .££!!!!:.!: facili~• (subiect to the reguirements of
Chapter 21.83) (defined: Section 21.04.086)
Churches, synagogues, temples, convents, monasteries, and other
places of worship
Civic associations (e.g., League of Women Voters, etc.)
Clubs --nonprofit; business, civic, professional, etc. ( defined:
Section 21.04.090)
Fraternal associations and lodges (except college
fraternities/sororities)
Mobile buildings (subject to Section 21.42.140(B)(90)) ( defined:
Section 21.04.265)
Office area (see note 2 below)
Religious reading room (separate from church)
Social clubs (noncommercial)
Veterans' organizations (including meeting facilities)
Welfare and charitable services (private or semi-private) with no
permanent residential uses (e.g., Good Will, Red Cross,
Traveler's Aid)
Wireless communications facilities (subject to Section 21.42.140
(B)(165)) (defined: Section 21.04.379)
Youth organizations ( e.g., Boy Scouts, Girl Scouts, Boys and
Girls Clubs, YMCA and YWCA, except lodgings)
p CUP Ace
2
3
±
2
X
2
2
2
2
2
;x X
l
3
2
2
1/2
2
21
ATTACHMENT 4
Notes:
1. Any use meeting the definition of an entertainment establishment, as defined in Section
8.09.020 of the Carlsbad Municipal Code (CMC), shall be subject to the requirements of CMC
Chapter 8.09.
2. -h If any office area is proposed with a use, the office area must be ancillary to the main use; it
cannot be the principal use.
2. Stand alone child day care facility is permitted subject to the approval of a site development plan
pursuant to Chapter 21.06. If a child day care facility is developed in conjunction 'Nith another community
facilities use, which requires a conditional use pern'lit, then the requirement for a site development plan
for the child day care use is waived.
3. All uses shall be conducted Viholly within a building except such uses as athletic fields, outdoor
play areas, and other uses customarily conducted in the open.
22
ATTACHMENT 4
The legend of Table A of Section 21.26.010 (C-1 Neighborhood Commercial Zone, Permitted uses) is
proposed to be amended as follows:
Table A
Permitted Uses
In the table, below, subject to all applicable permitting and development requirements of the
municipal code: •
"P" indicates use is permitted. (See note 1 below)
"CUP" indicates use is permitted with approval of a conditional use permit. (See note 1 below)
1 = Administrative hearing process.
2 = Planning commission hearing process.
3 = City council hearing process.
"Ace" indicates use is permitted as an accessory use.
Table A of Section 21.26.010 (C-1 Neighborhood Commercial Zone, Permitted uses) is proposed to be
amended by the addition of the following use:
Use p CUP Ace
Outdoor dining (incidental) (subject to Section 21.26.013) X
(defined: Section 21.04.290.1)
The footnotes of Table A of Section 21.26.010 (C-1 Neighborhood Commercial Zone, Permitted uses) are
proposed to be amended as follows:
Notes:
1. Any use meeting the definition of an entertainment establishment, as defined in Section
8.09.020 of the Carlsbad Municipal Code (CMC}, shall be subject to the requirements of CMC
Chapter 8.09. All l:lses shall be cmidl:lcted •Nholly withie a bHildieg exeept sl:lch l:lses as gasoliee
statioes, electrieal traes:fofffler Sl:lestatioes, Rl:lrseries :for sale of plaets aed flov,'ers aed other eeterprises
cl:lstomarily coedl:lcted ie the opee.
2. Prodl:lets made iecideet to a peffflitted l:lse shall be sold oely at retail oe the premises, aed eot
more thae fi,;e persoes m~1 be emplo~'ed ie the maeufactl:lrieg, processieg aed treatmeet of prodl:lcts
peffflitted hereie.
3. Storage shall be limited to accessory storage of commodities sold at retail oe the premises.
23
ATTACHMENT 4
Section 21.26.013 (C-1 Neighborhood Commercial Zone, Incidental outdoor dining areas permitted by
administrative permit) is proposed to be amended as follows:
21.26.013
permit.
Outdoor dining (incidental) Incidental outdoor dining areas permitted by administrative
Outdoor dining (incidental) Incidental outdoor dining areas may be approved by administrative
permit for restaurants, bona fide eating establishments, and delis in zones where outdoor dining
(incidental) is permitted. the C l, 0, C 2, C T, C M, M, and P M 2:0nes outside of the rede1,1elopment
area and outside of the commercial/visitor serving overlay zone except on those sites located within the
coastal 2:0ne 'Nest of the railroad right of \Yay 1n1hich do not provide parking for their outdoor seating on
site in compliance with Chapter 21.4 4 (Parking) of this code. The owner of the subject property shall
make written application to the planning director. Such application shall include all materials deemed
necessary by the director to show that the requirements of subsection ( c) of this section are met. If the
proposed outdoor dining (incidental) is located in the coastal zone and is not exempt from a coastal
development permit by Chapter 21.201, the application shall also include constitute an application for
a coastal development permit or minor coastal development permit.
(a) The director shall give written notice to all property owners within three hundred feet of
the subject property of pending development decision after the application is complete, at least fifteen
calendar days prior to the decision on the application as follows:
(1) Contents. The notice shall include all requirements of Section 21.54.061 of this code,
including a notice of a public comment period of at least fifteen calendar days sufficient to receive and
consider comments submitted by mail prior to the date established for the decision. The notice shall also
include a statement that a public hearing shall be held upon request by any person and a statement that
failure by a person to request a public hearing may result in the loss of that person's ability to appeal
approval of the administrative permit by the director to the planning commission.
(b) The director may approve, approv~ with conditions, or deny the permit. The director may
waive a public hearing on an administrative permit if notice has been provided in accordance with
subsection (a)(l) of this section and a request for a public hearing has not been received by the city within
ten fiftee.R calendar days from the date of sending the notice. If a request for a public hearing is received,
a public hearing before the director shall be held in the same manner as a planning commission hearing.
In either event, the director's decision shall be based upon the requirements of, and shall include, specific
factual findings supporting whether the project is or is not in conformity with the requirements of
subsection ( c) of this section.
The director's decision shall be made in writing. The date of the decision shall be the date the
writing containing the decision or determination is mailed or otherwise delivered to the person or persons
affected by the decision. If the matter includes a coastal development permit or minor coastal
development permit, unless the decision is appealed to the planning commission, the director shall
provide a notice of final action in accordance with Sections 21.201.160 and 21.201.170.
( c) Development Standards. All areas providing outdoor dining {incidental) incidental
outdoor dining areas shall comply with the following development standards:
(1) Outdoor dining areas shall comply with all applicable requirements of the State of
California Disabled Access Regulations (Title 24);
(2) Outdoor dining areas shall comply with all applicable requirements of the alcoholic
beverage commission, if alcoholic beverages are served in the outdoor area;
(3) Outdoor dining areas shall be operated only during the hours of operation of the
associated restaurant;
(4) Outdoor dining areas shall be used exclusively for eating and drinking;
(5) Outdoor dining areas shall be located on private property only
(4~) Outdoor dining areas shall provide adequate circulation to accommodate normal
pedestrian traffic and circulation for the outdoor dining area. Pedestrian clearance between tables and/or
walls/fences shall be a minimum forty-two inches wide;
(6) Outdoor dining (incidental) shall be utilized only as extensions of restaurants, bona
24
ATTACHMENT 4
fide eating establishments, or delis that provide indoor seating and are licensed for such service.
(7) The maximum number of seats, tables and square footage allowed in an area
providing outdoor dining (incidental) shall be limited to a maximum of four hundred square feet in
Outdoor dining areas shall not be located where the incidental outdoor dining area
would:
(A) Encroach into the public right-of-way,
(B) Eliminate any existing parking spaces,
(C) Interfere with vehicle or pedestrian circulation,
(D) Remove or reduce existing landscaping (unless equivalent additional landscaping is
provided elsewhere to the satisfaction of the planning director),
(E) Present a traffic hazard; or
(F) Be incompatible with outdoor dining, in the opinion of the city engineer, because of the-
speed, volume or nearness of vehicular traffic; •
(62) When calculating square footage for purposes of determining parking required per
Chapter 21.44 of this code, space used for outdoor dining (incidental} outdoor areas pursuant to this
section shall be excluded.
25
ATTACHMENT 4
The list of sections in Chapter 21.27 (Office Zone) is proposed to be amended as follows:
Sections:
21.27.010
21.27.020
21.27.021
21.27.035
21.27.040
21.27.050
Interit and purpose.
Permitted uses.
Child day care centers by administrative permit.
Reserved Incidental outdoor dining areas permitted by administrative permit.
Site development plan required.
Development standards.
The legend of Table A of Section 21.27.020 (Office Zone, Permitted Uses) is proposed to be amended as
follows:
Table A
Permitted Uses
In the table, below, subject to all applicable permitting and development requirements of the
municipal code:
"P" indicates use is permitted. (See note 1 below)
"CUP" indicates use is permitted with approval of a conditional use permit. (See note 1 below)
1 = Administrative hearing process.
2 = Planning commission hearing process.
3 = City council hearing process.
"Ace" indicates use is permitted as an accessory use.
Table A of Section 21.27.020 (Office Zone, Pennitted Uses) is proposed to be amended by the addition of
the following use:
Use p CUP Ace
Child day care centers (subject to Chauter 21.83) (defined: ~
Section 21.04.086)
26
ATTACHMENT 4
Table A of Section 21.27.020 (Office Zone, Permitted Uses) is proposed to be amended by the addition of
the following use:
Use p CUP Ace
Outdoor dining (incidental) (subject to Section 21.26.013} X
(defined: Section 21.04.290.1)
Table A of Section 21.27.020 (Office Zone, Permitted Uses) is proposed to be amended by the addition of
the following footnote:
Note:
1. Any use meeting the definition of an entertainment establishment, as defined in Section
8.09.020 of the Carlsbad Municipal Code (CMC}, shall be subject to the requirements of CMC
Chapter 8.09.
Section 21.27.021 (0 Office Zone, Child day care centers by administrative permit) is proposed to be
deleted:
21.27.021 Child day care centers by administrative pennit.
Child day care centers may be permitted by administrative permit, subject to the provisions of
Chapter 21.83 of this title. Application for administrative permit shall demonstrate site design
compatibility 1.Yith surrounding development.
Section 21.27.035 (Office Zone, Incidental outdoor dining areas permitted by administrative permit) is
proposed to be amended as follows:
21.27.035 Reserved. Incidental 01:1tdoor dining areas pennitted by administrative permit.
S1:1bject to the development standards set forth in Section 21.2a.013(e) an incidental 01:1tdoor
dining area may ee approved by administrative permit p1:1rs1:1ant to Section 21.2a.013(a).
Section 21.27.050(8) (0 Office zone, Development Standards) is proposed to be amended as follows:
(8) Signs. A detailed sign program shall be s1:1bmitted to the planning clirector for approval
prior to occ1:1pancy of any new bHilding or installation of any ne•.y signs. All signs proposed in the O zone
shall comply with the following regHlations: Chapter 21.41 of this title.
(A) Total maxim1:1m allowable area of all signs, incl1:1ding mon1:1ment sigtts, shall not exceed
one square foot per lineal foot of bHilding frontage.
27
ATTACHMENT 4
(B) One freestanding monument sign may be permitted for each lot. The monument sign shall
be no greater than six feet in height or six feet in length, including the base, with a maximum of t\l,'O sign
faces. Comprehensively planned developments may be permitted additional monument signs, above the
allmvable area, through the site development plaR process.
Section 21.27.050(14) (0 Office Zone, Development Standards, Parking Requirements) is proposed to be
amended as follows:
(14) Parking Requirements. Off-street parking shall be provided pursuant to Section
21.44.020 of this title. as follov,'s:
(A) Banks and other financial instit1:1ti0Rs oRe space for each tv,'o h1:1Rdred fifty sq1:1are feet
of gross floor area;
(B) ProfessioRal offices oRe space for each three h1:111dred sq1:1are feet of gross floor area;
(C) Medical or deRtal offices or cliRics ORe space for each tv,'o lrnndred sq1:1are feet of gross
floor area;
(D) ProfessioRal offices, except for baRks aRd fiRaRcial iRstit1:1tioRs, •which are located within
the village rcdevelopmeRt :z:one or within a three hl:lf1dred foot radi1:1s of the village redevelopn1eRt z:oRe
one space for each fo1:1r h1:1Rdred sq1:1are feet of gross floor area;
(E) The planRiRg commission may allov,' 1:1p to tweRty five percent of the total req1:1ired
parkiRg spaces to be red1:1ced iR siz:e to accommodate compact cars.
28
ATTACHMENT 4
The list of sections in Chapter 21.28 (C-2 General Commercial Zone) is proposed to be amended by the
deletion of the reference to 21.28.012:
21.28.012 Incidental outdoor dining areas permitted by adrainistrative permit.
The legend of Table A of Section 21.28.010 (C-2 General Commercial Zone, Pennitted uses) is proposed
to be amended as follows:
Table A
Permitted Uses
In the table, below, subject to all applicable permitting and development requirements of the
municipal code:
"P" indicates use is permitted. (See note 1 below)
"CUP" indicates use is permitted with approval of a conditional use permit. (See note 1 below)
1 = Administrative hearing process.
2 = Planning commission hearing process.
3 = City council hearing process.
"Ace" indicates use is pennitted as an accessory use.
Table A of Section 21.28.010 (C-2 General Commercial Zone, Pennitted uses) is proposed to be amended
by the addition of the following use:
Use p CUP Ace
Outdoor dinin sub·ect to Section 21.26.013 X
The footnotes of Table A of Section 21.28.010 (C-2 General Commercial Zone, Permitted uses) are
proposed to be amended as follows:
Notes:
1. Any use meeting the definition of an entertainment establishment, as defined in Section
8.09.020 of the Carlsbad Municipal Code (CMC), shall be subject to the requirements of CMC
Chapter 8.09. All tJses shall be conducted wholly 1Nithin a building except stJch uses as gasoline
stations, electrical transformer substations, hortic1:1ltural n1:1rseries and other enterprises customarily
conducted in the opeR.
2. ProdtJcts made incideflt to a permitted tJse and manHfactured or processed on the premises shall
be sold ORiy at retail OR the premises, aRd Rot more thaR fi,,,e persoRs may be emplo~'ed iR stJch
29
ATTACHMENT 4
manufacturing, processing and treatment of products.
3. Storage shall be limited to accessory storage of commodities sold at retail on the premises.
Section 21.28.012 (C-2 General Commercial Zone, Incidental outdoor dining areas permitted by
administrative permit) is proposed to be deleted:
21.28.012 Incidental outdoor dining areas permitted by administrative permit.
Subject to the development standards set forth in Section 21.26.013(c), an incidental outdoor
dining area may be approved by administrative permit pursuant to Section 21.26.013(a).
30
ATTACHMENT 4
The list of sections in Chapter 21.30 (C-M Heavy Commercial -Limited Industrial Zone) is proposed to
be amended by the deletion of the reference to 21.30.015:
21.30.015 Incidental outdoor dining areas permitted by administrative permit.
The legend of Table A of Section 21.30.010 (C-M Heavy Commercial -Limited Industrial Zone,
Permitted uses) is proposed to be amended as follows:
Table A
Permitted Uses
In the table, below, subject to all applicable permitting and development requirements of the
municipal code.
"P" indicates use is permitted. (See notes 2 beJow)
"CUP" indicates use is permitted with approval of a conditional use permit. (See notes 2 below)
1 = Administrative hearing process.
2 = Planning commission hearing process.
3 = City council hearing process.
"Ace" indicates use is permitted as an accessory use.
Table A of Section 21.30.010 (C-M Heavy Commercial -Limited Industrial Zone, Permitted uses) is
proposed to be amended by the addition of the following use:
Use p CUP Ace
Outdoor dinin sub"ect to Section 21.26.013 X
The footnotes of Table A of Section 21.30.010 (C-M Heavy Commercial -Limited Industrial Zone,
Permitted uses) are proposed to be amended as follows:
Notes:
1. Any use permitted in the commercial zones is allowed in the C-M zone, except: (A) Hotels,
motels and auto courts, (B) Hospitals (however, industrial emergency hospitals are permitted), (C)
Residential care facilities, (D) Professional care facilities, (E) Private clubs, fraternities, sororities and
lodges, excepting those the chief activity of which is a service customarily carried on as a business, (F)
Institutions of a philanthropic or eleemosynary nature, including correctional and mental.
2. Any use meeting the definition of an entertainment establishment, as defined in Section
31
ATTACHMENT 4
8.09.020 of the Carlsbad Municipal Code (CMC) shall be subject to the requirements of CMC
Chapter 8.09.
Section 21.30.015 (C-M Heavy Commercial -Limited Industrial Zone, Incidental outdoor dining areas
permitted by administrative permit) is proposed to be deleted as follows:
21.30.015 Incidental 01:1tdoor dining areas permitted by administrative permit.
S1:1bject to the deyeJopment standards set forth in Section 21.26.013(c), an incidental outdoor
dining area may be approved by administrative permit p1:1rs1:1ant to Section 21.26.013(a).
32
ATTACHMENT 4
The legend of Table A of Section 21.31.030 (C-L Local Shopping Center Zone, Permitted uses) 1s
proposed to be amended as follows:
Table A
Uses Permitted in the C-L Zone
In the table, below, subject to all applicable permitting and development requirements of the
municipal code:
"P" indicates the use is pennitted. (See note 5 below)
"CUP" indicates that the use is permitted with approval of a conditional use pennit. (See note 5
below)
I = Administrative hearing process.
2 = Planning commission hearing process.
3 = City council hearing process.
"Ace" indicates the use is permitted as an accessory use.
Table A of Section 21.31.030 (C-L Local Shopping Center Zone, Pem1itted uses) is proposed to be
amended by the amendment of the following use: "Outdoor dining (incidental) (subject to Section
21.26.013)".
Use p CUP Ace
Outdoor dining (incidental) (subject to Section 21.26.013) (defined: X
Section 21.04.290.1)
The footnotes of Table A of Section 21.31.030 (C-L Local Shopping Center Zone, Permitted uses) are
proposed to be amended as follows:
Notes~
1. Accessory buildings and structures and ancillary uses shall be developed as an integral part of a
permitted use within or on the same structure or parcel of land.
2. Educational facilities, other/schools. No individual educational facility 5€-heel shall occupy
more than ten thousand square feet of gross leaseable floor area within any local shopping center.
3. Offices. The total floor area of an office uses shall not exceed forty percent of the gross leaseable
floor area within any local shopping center.
4. Retail sales may also include those types of goods and services that are typically offered by
"community" retail establishments;. Wwhen "community" retail establishments are included in .!! the
local shopping center, they shall be subject to the following: the definition of a local shopping center,
Section 21.31.020, and the function of the local shopping center land use class as described in the
Carlsbad general plan.
33
ATTACHMENT 4
5. Any use meeting the definition of an entertainment establishment, as defined in Section
8.09.020 of the Carlsbad Municipal Code (CMC), shall be subject to the requirements of CMC
Chapter 8.09.
34
ATTACHMENT 4
The list of sections in Chapter 21.32 (M Industrial Zone) is proposed to be amended by the deletion of the
reference to 21.32.015:
21.32.015 Incidental outdoor dining areas permitted by administrative permit.
That the legend of Table A of Section 21.32.010 (M Industrial Zone, Permitted uses) is proposed to be
amended as follows:
Table A
Permitted Uses
In the table, below, subject to all applicable permitting and development requirements of the
municipal code:
"P" indicates use is permitted. (See note 1 below)
"CUP" indicates use is permitted with approval of a conditional use permit. (See note 1 below)
l = Administrative hearing process.
2 = Planning commission hearing process.
3 = City council hearing process.
"Ace" indicates use is permitted as an accessory use.
That Table A of Section 21.32.010 (M Industrial Zone, Permitted uses) is proposed to be amended by the
addition of the following use:
Use p CUP Ace
Anr use ~ermitted in the C-M zone is ~ermitted in the M zone2 X
except child dav care centers
That Table A of Section 21.32.010 (M Industrial Zone, Permitted uses) is proposed to be amended by the
addition of the following use:
Use p CUP Ace
Outdoor dining (incidental) (subject to Section 21.26.013) X
(defined: Section 21.04.290.1)
35
ATTACHMENT 4
That the footnotes of Table A of Section 21.32.010 (M Industrial Zone, Permitted uses) are proposed to
be amended as follows:
Notes:
1. Any use meeting the definition of an entertainment establishment, as defined in Section
8.09.020 of the Carlsbad Municipal Code (CMC), shall be subject to the requirements of CMC
Chapter 8.09.
1. Any use permitted in the C M zone, except child day care centers, e)wept that a dv,•elling
conforming to the yard requirements of the R 3 zone shall be permitted on the same lot on which a
factory is located, and •,yhich dwelling is used exclusiYely by a caretaker or superintendent of such factory
and his family.
Section 21.32.015 (M Industrial Zone, Incidental outdoor dining areas permitted by administrative
permit) is proposed to be deleted as follows:
21.32.015 Incidental outdoor dining areas permitted by administrative permit.
Subject to the development standards set forth in Section 21.26.013(c) an incidental outdoor
dining area may be appro·,•ed by administrative permit pursHant to Section 21.26.013(a).
36
ATTACHMENT 4
The legend of Table A of Section 21.33.020 (O-S Open Space Zone, Permitted Uses) is proposed to be
amended as follows:
Table A
Permitted Uses
In the table, below, subject to all applicable permitting and development requirements of the
municipal code:
"P" indicates use is pennitted. (See note 1 below)
"CUP" indicates use is pennitted with approval of a conditional use permit. (See note 1 below)
1 = Administrative hearing process.
2 = Planning commission hearing process.
3 = City council hearing process.
"Ace" indicates use is permitted as an accessory use.
Table A of Section 21.33 .020 (O-S Open Space Zone, Permitted Uses) is proposed to be amended by the
addition of the following footnote:
Note:
1. Any use meeting the definition of an entertainment establishment, as defined in Section
8.09.020 of the Carlsbad Municipal Code (CMC}, shall be subject to the requirements of CMC
Chapter 8.09.
37
ATTACHMENT 4
The list of sections in Chapter 21.34 (Planned Industrial Zone) is proposed to be amended by the deletion
of the reference to 21.34.035:
21.31.035 IRcidental outdoor diRing areas permitted by administratiye permit.
The legend of Table A of Section 21.34.020 (P-M Planned Industrial Zone, Permitted Uses) is proposed
to be amended as follows:
Table A
Permitted Uses
In the table, below, subject to all applicable permitting and development requirements of the
municipal code:
"P" indicates use is permitted. (See note 2 below)
"CUP" indicates use is permitted with approval of a conditional use permit. (See note 2 below)
1 = Administrative hearing process.
2 = Planning commission hearing process.
3 = City council hearing process.
"Ace" indicates use is permitted as an accessory use.
Table A of Section 21.34.020 (P-M Planned Industrial Zone, Permitted Uses) is proposed to be amended
by the addition of the following footnote:
2. Any use meeting the definition of an entertainment establishment, as defined in Section
8.09.020 of the Carlsbad Municipal Code (CMC), shall be subject to the requirements of CMC
Chapter 8.09.
Section 21.34.035 (P-M Planned Industrial Zone, Incidental outdoor dining areas permitted by
administrative permit) is proposed to be deleted as follows:
21.31.035 Incidental outdoor dining areas permitted by administratiYe permit.
Subject to the de;•elopment standards set forth in Section 21.26.013(c) an incidental outdoor
dining area may be appro;•ed by administrati;•e permit pursuant to Section 21.26.0B(a).
38
ATTACHMENT 4
Table A of Section 21.36.020 (P-U Public Utility zone, Permitted Uses) is proposed to be amended as
follows:
Table A
Permitted Uses
In the table, below, subject to all applicable pennitting and development requirements of the municipal
code:
"P" indicates use is permitted. (See note 1 below}
"CUP" indicates use is pennitted with approval of a conditional use permit. (See note 1 below}
1 = Administrative hearing process.
2 = Planning commission hearing process.
3 = City council hearing process.
"Ace" indicates use is pennitted as an accessory use.
Use
Accessorv uses and structures
Agricultural farm worker housing (temporary) (subject to Section
21.42. l 40(B)(2))
:Agfieldtl!fe: eRI~, the rone,.1,'iRg agfieHltllfal Hses, aRd lrnilEliRgs
aeeesse~, te sHeh agfieHltllfal Hses, afe pefffiitted iR the P :Y i':0Re:
(a) field aRd seed efeps, (e) tfl!el, efeps, (e) heftieHltllfal efeps, (d)
ernhafds aRd YiReyafds, (e) pastl!fe aRd faRgelaRd, (f) tree fafffis,
,_, -"~1• 1 -1-ft...'\ ·•-·~~ \t-,J ... .. -, ,, ,.,. .... ~ --
Airports
Alcoholic treatment centers
,~~R~' ethef l!Se 1Nhieh the plaRRiRg eemmissieR ef ei~, eel!Reil m~'
determiRe te ee similaf te the pefmitted Hses iR the i':eRe and te
.£'_ 11 --• '.-.• .J -.i.'+1...-·~ /---L 1 '\ ·-· .1.1..11.1..1. '-•·-..--· ------·--.
Aquaculture (defined: Section 21.04.036)
Aquaculture stands (display/sale) (subject to Section
21.42_ 140(B)(l 0))
Biological habitat preserve (subject to Section 21.42.140(B)(30))
(defined: Section 21.04.048)
Camosites ( overnight) (subject to Section 21.42.140(B)( 40))
Cemeteries
Columbariums, crematories, and mausoleums (not within a
cemetery)
Cron oroduction
Energy transmission facilities, including rights-of-way and
pressure control or booster stations for gasoline, electricity,
natural gas, synthetic natural gas, oil or other forms of energy
sources
Fairw-ounds
Floriculture
Generation and transmission of electrical energy
p CUP Ace
X
3
~
3
2
~
2
2
2
2
3
2
X
X
3
X
X
39
ATTACHMENT 4
Use p CUP Ace
Golf courses 2
Governmental maintenance and service facilities X
Greenhouses (2,000 SQuare feet maximum) X
Greenhouses >2,000 square feet (subject to Section 1 2 l .42. l 40(B)(70))
Hazardous waste facility (subject to Section 21.42.140(B)(75)) 3 (defined: Section 21.04.167)
Hospitals ( defined: Section 21.04.170) 2
Hospitals (mental) (defined: Section 21.04.175) 2
Mobile buildings (subject to Section 21.42. l 40(B)(90)) ( defined: 2 Section 21.04.265)
Nurserv crop nroduction X
Packing/sorting sheds >600 square feet (subject to Section 1 2 l .42. l 40(B)(70))
Pasture and ran!!e land X
Petroleum products pipeline booster stations X
Processing, using and storage of: (a) natural gas, (b) liquid natural X gas, ( c) domestic and agricultural water suoolies;
Public utility district maintenance, storage and operating facilities X
Radio/television/microwave/broadcast station/tower 2
Recreation facilities 2
Recreational facilities (public or private, passive or active) X
Recycling collection facilities, large (subject to Chapter 21.105 of 2 this title) ( defined: Section 21.105 .015)
Recycling collection facilities, small (subject to Chapter 21.105 of 1 this title) (defined: Section 21.105.015)
Recycling process/transfer facility 2
Satellite television antennae (subject to the provisions of Section X 21.53.130 of this code)
Signs, subject to the provisions of Chapter 21.41 X
Stadiums 3
Transit passenger terminals (bus and train) 2
Tree farms X
Truck farms ~
Using and storage of fuel oils X
Wastewater treatment, disposal or reclamation facilities X
Windmills (exceeding height limit of zone) (subject to Section 2 2 l.42.140(B)(l 60))
Wireless communications facilities (subject to Section 1/2 21.42.140(B)(165)) (defined: Section 21.04.379)
Zoos (private) (subject to Section 21.42.140(B)(l 70)) (defined: 2 Section 21.04.400)
Note:
1. Any use meeting the definition of an entertainment establishment, as defined in Section
8.09.020 of the Carlsbad Municipal Code (CMC}, shall be subject to the requirements of CMC
Chapter 8.09.
1. Providing there shall net ee peFHlitted an~' use whieh ereates nmi::ieus gas er eder, e*eessive smmd
vieratien er signifieant atmespherie pellutien.
40
ATTACHMENT 4
The legend of Table A of Section 21.37.020 (RMHP Residential Mobile Home Park Zone, Permitted
Uses) is proposed to be amended as follows:
Table A
Permitted Uses
In the table, below, subject to all applicable pennitting and development requirements of the
municipal code:
"P" indicates use is permitted. (See note 4 below)
"CUP" indicates use is permitted with approval of a conditional use permit. (See note 4 below)
1 = Administrative hearing process.
2 = Planning commission hearing process.
3 = City council hearing process.
"Ace" indicates use is permitted as an accessory use.
Table A of Section 21.3 7 .020 (RMHP Residential Mobile Home Park Zone, Permitted Uses) is proposed
to be amended by the addition of the following footnote:
4. Any use meeting the definition of an entertainment establishment, as defined in Section
8.09.020 of the Carlsbad Municipal Code (CMC), shall be subject to the requirements of CMC
Chapter 8.09.
Section 21.3 7. I 00.A. l 7 (RMHP Residential Mobile Home Park Zone, Development Standards) is
proposed to be amended as follows:
17. Parking shall be provid.ed subject to the provisions of Chapter 21.44 of this title.
Eaeh mobile home site shall inel1:1de a paved area s1:1itable for pro:i,riding a1:1tomobile shelter v,rith spaee for
at least two a1:1tomobiles. Reereation and la1:1ndry areas eombined shall ha•,re s1:1ffieient parking faeilities to
aeeommodate one a1:1tomobile for e:i,'ef)' fr.re mobile home sites up to fifty lots and one spaee for eaeh ten
lots thereafter;
Section 21.37.100.A.19 (RMHP Residential Mobile Home Park Zone, Development Standards) is
proposed to be amended as follows:
19. Reserved Visitor parking shall be provided at a ratio of one spaee per fo1:1r mobile home
1:1nits. On street parking may be eo1:1nted tm1,rards meeting this reqt:1irement;
41
ATTACHMENT 4
Sections 21.38.030 (P-C Planned Community Zone, General provisions) is proposed to be amended as
follows:
21.3 8.030 General provisions.
(a) The P-C zone may be established on parcels of land which are suitable for and of
sufficient size to be planned and developed in a manner consistent with the purposes and objectives of
this chapter. No P-C zone shall include less than one hundred acres of contiguous land.
(b) All la0d in eaeh proposed pla00ed eommu0ity shall be held i0 00e ovmership or shall be
u0der unified eo0trol unless otherwise authori:z;ed by the eity eouneil. For the purposes of this seetion, the
1writte0 agreement of all O'Nners i0 the pla00ed eommu0ity to deYelop i0 aeeord with the master pla0 as
appro•,•ed indieates u0ified eoatrol.
(e) 1\0 ow0er may tra0sfer seetio0s of the de:Yelopme0t. The tra0sferee shall be required to
use the property i0 aeeord with the apprm•ed master pla0.
Wilil A planned community shall be subject to all other applicable provisions of Title 20,
Subdivisions, and Title 21, Zoning, of this code. Where a conflict in regulation occurs, the regulations
specified in this chapter or the approved master plan shall control.
42
ATTACHMENT 4
The list of sections in Chapter 21.44 (Parking) is proposed to be amended as follows:
Sections:
21.44.010
21.44.020
21.44.030
21.44.040
21.44.050
21.44.060
21.44.070
2 I .44.080
21.44.090
21.44.100
Required off-street parking.
Off-street parking spaces required.
Parking requirements for uses not specified.
Waiver or modification of parking standards may be ,,,aivea 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.
Section 21.44.020 (Parking, Off-street parking spaces required) is proposed to be amended as follows:
21.44.020 Off-street parking spaces required.
A. 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.
B. 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, except as
otherwise noted. 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:
One-family dwellings a two-car garage (minimum interior 20 feet x 20 feet); or
two separate one-car garages (minimum interior 12 feet x 20
feet each)
Two-family dwellings Same as required for one-family dwellings
Residential ( apartments only), for
condominium projects see Same as required for multiple-family
Uses Visitor parking dwelling visitor parking. "planned developments"
Multiple-family dwellings Studio and one-1.5 spaces/unit, one of which must be
bedroom units covered ( apartments only), for Units with two condominium projects see 2 spaces/unit, one of which must be
"planned developments" or more covered bedrooms
43
ATTACHMENT 4
Table A -Number of Off-Street Parkin2 Spaces Required
USE NUMBER OF OFF-STREET PARKING SPACES
Projects with 10 A .30 space per each
units or fewer unit.
Visitor parking Projects with 11 A .25 space per each
units or more unit.
Visitor parking may be covered or
uncovered.
1 space ( covered or uncovered), in addition to the 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
Residential 2 paved and covered spaces per unit, plt:1s l visitor parking
Uses Cont'd. spaee fer e•,•ery 4 t:1nits
1 visitor parking space for evea 4 units. On-street
parking may be counted towards meeting the visitor
Mobile Home Parks narkinl?: reouirement.
Recreation and laund!J: areas combined shall have
sufficient parking facilities to accommodate one
automobile for evea five mobile home sites up to fiftv lots
and one snace for each ten lots thereafter.
Residential Care Facilities 2 spaces, plus 1 space/three beds
Rooming House 1 space for each sleeping room
1.5 covered spaces per unit, plus 1 covered space for an onsite
Housing for senior citizens manager's unit (when provided), and 1 visitor parking space
per every five units, subject to approval of a site development
plan.
Time-share projects 1.2 spaces per unit
Bed and Breakfast Uses 2 spaces, one of which must be covered for the owner's unit,
plus 1 space for each guest room.
Bowling Alleys 6 per alley
Car Rental Agencies 1 space/250 sguare feet of gross floor area for the car
rental office space and customer waiting area. Adeguate
rental car fleet parking shall be addressed through a fleet
parking plan that shall be reviewed and approved by the
Commercial, Planninl?: Director.
Industrial, Child Dav Care Center 1 soace/emolovee olus 1 soace for each 10 children
and Other Delicatessen 1 space/250 square feet of gross floor area
Non-Driving Ranges 1 space/tee plus required parking for accessory uses
Residential Educational Facilities2 1 space/200 sguare feet of gross floor area Uses other
1 space/employee plus 1
Preschools/ Nurseries space for each 10 students2
with adeguate loading Educational institution or an
and unloadine area school 1 space/employee2 with an
Elementaa Schools adeguate loading and
unloadin!! area
44
ATTACHMENT 4
Table A-Number of Off-Street Parking Spaces Required
USE NUMBER OF OFF-STREET PARKING SPACES
1 SQace/emQlo:yee Qlus 1
High Schools SQace for each 10 students2
with adeguate loading an
Educational institution or and unloadin!! area
school 1 SQace/emQlo:yee Qlus 1
Colleges SQace for each 3 students2
with an adeguate loading
and unloading area
Medical Office 1 space/200 square feet of
gross floor area
Financial Institutions and Financial Institutions 1 space/250 square feet of
Professional Offices gross floor area
Other office uses 1 space/250 square feet of
gross floor area
Financial Institutions and Office uses in the village review I space/300 square feet redevelopmeet and Professional Offices, cont. zone areas of gross floor area within 300 feet of its boundary
Furniture and Appliance 1 space/600 square feet of gross floor area 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 ("spec" and Other
Non--no specific uses I space/250 square feet of gross floor area 1
Residential identified)
Uses Cont'd. Libraries 1 space/200 square feet of gross floor area
Library Substations I space/250 square feet of gross floor area
Manufacturing 1 space/400 square feet of gross floor area, plus 1 space for
each vehicle used in conjunction with the use
Mortuaries I space/50 square feet of assembly area
Gas 1 SQace/300 sguare feet of gross floor area2
Stations excluding work bays associated with vehicle
renair.
Gas stations that include motor vehicle reQair
services shall Qrovide additional Qarking as
reauired for motor vehicle "reoair" uses.
Motor Vehicle Uses
Sales I space/400 square feet of gross floor area
4 spaces for every work bay (up through three
Repair work bays), plus 2 spaces per bay in excess of
three bays. Work bays do not count as parking
spaces.
Museums I space/500 square feet of gross floor area
Personal and Professional 1 SQace/300 sguare feet of gross floor area Services 3
Professional Care Facilities .45 parking spaces per every bed
Public Assembly I space/5 seats, or 1 space/I 00 square feet of assembly area,
whichever is greater
, 45
ATTACHMENT 4
Table A-Number of Off-Street Parkin2 Spaces Required
USE NUMBER OF OFF-STREET PARKING SPACES
Recreational Vehicle l space for every l 0,000 square feet of storage area, with a
Storage Areas minimum of 3 spaces.
1 SQace l!er emQIO:Yee Qlus 1 SQace for each commercial
vehicle of the recycling facilitvi and
Recycling Facilities SQace for a minimum of 6 vehicles or the anticiJ:!ated l!eak
hourl:Y customer load, whichever is greater, as
determined bv the nlannin!! director.
Research and Development 1 space/250 square feet of gross floor area
Bio industrial R&D -1 space/300 square feet of gross floor (R&D) area
Less than
4,000 square 1 space/I 00 square feet of gross floor area
Restaurants feet in size
40 spaces plus 1 space/50 square feet of 4,000 Commercial, square gross floor area in excess of 4,000 square feet or greater Industrial, feet.
and Other Individual 1 space/300 square feet of gross floor area.
Non-Retail Uses Shopping 1 space/200 square feet of gross floor area 2
Residential Center
Uses Cont'd. Presehools/ 1 spaee/employee plus 1 spaee fer eaeh 10
2
3
students, with adequate loading and Nurseries an
unloading area
Elementary I spaee/employee, v,rith an adeq1:1ate loading
£ehools and unloading area
£ehools 1 spaee/emplo;,ee plus l spaee fer eaeh l 0
High £ehools students, ""'ith an adequate loading and
unloading area
Golleges, 1 spaee/emplo;,ee pl1:1s l spaee fer eaeh 3
Voeational students, with an adeq1:1ate loading and
£ehools 1 -''.--,.,,_., L&JI-~
Visitor/Information One SJ!ace/four hundred sguare feet of gross floor area Center
Theaters 1 space/5 seats
Warehouse 1 space/1,000 square feet of gross floor area, plus I 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.
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).
Personal and J:!rofessional service uses include, but are not limited to, COJ:!:Ying/duJ:!licating
services, dry cleaners, laundromats, beaufy and barber shol!s, cosmetic services, nail salons,
shoe/garment reJ:!air, travel agent, etc.
46
ATTACHMENT 4
Section 21.44.030 (Parking, Parking requirements for uses not specified) is proposed to be amended as
follows:
21.44.030 Parking requirements for uses not specified.
A. Where the parking requirements for a use are not specifically defined herein, the parking
requirements for such use shall be determined by the planning director. commission, and s.§.uch
determination shall be based upon the following:
1. The parking requirements for the most comparable use specified in this chapter; and/or~
2. A parking study, or other evidence satisfactory to the planning director.
Section 21.44.040 (Parking, Parking provisions may be waived by planning commission) is proposed to
be amended as follows:
21.44.040 Waiver or modification of parking standards may be v,1aiYed by planning commission.
A. The planning director may 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 where
there are a minimal number of employees/occupants. requiring a ,,ery limited number of persons.
B. The planning director may modify the required parking standards where it can be
demonstrated that adequate parking will be provided and the modification will not adversely affect
the neighborhood or the site design and circulation. The modification shall be based on the results
of a parking study prepared by a registered traffic engineer or other qualified parking consultant,
or other evidence satisfactory to the planning director.
47
ATTACHMENT 4
Section 21.46.13 0 (Yards, Walls, fences or hedges) is proposed to be amended as follows:
21.46.130 Walls, fences or hedges.
In any "R" zone, no fence, wall or hedge over forty-two inches in height shall be pem1itted in any
required front yard setback. In the required side yard or street side of either a comer lot or reversed corner
lot, a six-foot high fence may be permitted when approved by the planning director when the safety and
welfare of the general public are not imposed upon. The issuing of a permit upon the approval of the
planning director shall be subject to special conditions which may vary due to the topography, building
placement and vehicular or pedestrian traffic. On an interior lot, a wall or fence not more than six feet in
height may be located anywhere to the rear of the required front yard. IA any "R" zone, any fence that
e)weeds six feet in height, for special \:lses or l:lnder special circ1:1mstances, shall be granted by the
planning commission and s1:1bject to the conditions imposed by this con:irnission.
48
ATTACHMENT 4
The list of sections in Chapter 21.4 7 (Nonresidential Planned Developments) is proposed to be amended
by the deletion of the reference to 21.47.170:
21.47.170 RestrictioH OH reapplication for a noHresidential pla1med develop1neHt permit.
Section 21.4 7 .020 (Nonresidential Planned Developments, Nonresidential planned development permit)
is proposed to be amended as follows:
21.4 7 .020 Nonresidential planned development permit.
The city council, planning commission or planning director, as provided in this chapter, may
approve a permit for a nonresidential planned development in any industrial, commercial or office zone,
or combination of zones subject to the requirements thereof except as they may be modified in accord
with this chapter.
The application for a nonresidential planned development shall state whether the applicant
intends to develop the project as a planned unit development, condominium project or stock cooperative
project. For purposes of this chapter, a planned unit development is defined by Section 11003 of the
Business and Professions Code of the state and a condominium project is defined by Section HW 1351
of the Civil Code of the state.
Section 21.47.1 lO(d) (Nonresidential Planned Developments, Approval of projects of four units or less by
planning director) is proposed to be deleted:
(d) The plaHHiHg director shall make a moHthly report to the city couHcil of all HOHresideHtial
planHed developmeHt permits issHed pursHaHt to this sectioH.
Section 21.47.130(a)(2) (Nonresidential Planned Developments, Amendments) is proposed to be
amended as follows:
(2) If the planning commission considers the amendment minor in nature, the additional
graphics, statement or other information may be approved by the planning commission resolution and
made part of the original city council approval without the necessity of a public heariHg noticed public
hearing pursuant to Section 21.54.060;
Section 21.47.130(a)(3) (Nonresidential Planned Developments, Amendments) is proposed to be
amended as follows:
49
ATTACHMENT 4
(3) A minor amendment shall not change the densities intensity or the boundaries of the
subject property, or involve an addition of a new use or group of uses not shown on the original permit or
the rearrangement of uses within the development. If the planning commission determines that the
amendment is not minor or that a hearing is otherwise necessary, it shall set the matter for public hearing;
Section 21.47.170 (Nonresidential Planned Developments, Restriction on reapplication for a
nonresidential planned development permit) is proposed to be deleted:
21.4 7.170 Restriction on reapplication for a nonresidential planned development permit.
No application for a nonresidential planned development permit on the same property or
essentially the same property for v,zhich a permit has been denied by the city council shall be accepted
1,Yithin twe]ye months of such denial. This pro:vision may be waived by the affimJatiYe yote of a majority
of the city c01:mcil.
50
ATTACHMENT 4
Section 21.50.010 (Variances, Variance--Granting authority) is proposed to be amended as follows:
21.50.010 Variance--Granting authority.
A. When practical difficulties, unnecessary hardships, or results inconsistent with the
general purpose of this title result through the strict and literal interpretation and enforcement of the
provisions hereof, the planning commission shall have authority, as aB admiHistrative act, subject to the
provisions of this title, to grant.,, upon such conditions as it may determine, such variance from the
provisions of this title as may be in harmony with its general purpose and intent, so that the spirit of this
title shall be observed, public safety and welfare secured and substantial justice done. In the coastal zone,
a variance shall not be allowed to diminish or otherwise adversely affect the substantive requirements for
protection of coastal resources.
51
ATTACHMENT 4
Chapter 21.52 (Amendments) is proposed to be amended as follows:
Sections:
21.52.010
21.52.020
21.52.030
21.52.040
21.52.050
21.52.060
21.52.070
21.52.080
21.52.090
21.52.100
21.52.110
21.52.120
21.52.130
21.52.140
21.52.150
Purpose:wheft ..
Amendment Initiation.
Application and fees.
Chapter 21.52
AMENDMENTS
AuthorityPlam'ling commission hearing.
Decision-making processCommission action
Commission action ApproYal of amendment
Denial of amendment Notice.
A1m01:mcement.
Notice.
Commission action to be final when denying application.
Public l'learing on commission's recommendations on amendments and appeals.
Ad·yerse decision to be referred to the planning commission.
City council announcement of decision.
Decision of city council to be final.
·Notice of decision of city council.
ReYiev,1 of zone changes.
General plan and LCP amendments.
21.52.010 WheH-Purpose.
A. The purpose of this chapter is to establish the process and requirements to amend
this title, the general plan, and the local coastal program, including amendments to the B,houndaries
of the-land use designations and zones: established by this title, the classification of property uses
therein, or other proYisions of this title n'lay be amended 1NheneYer publie necessity, convenience and
general welfare require. Within the coastal zone sueh boundary ehanges shall not be effective until
approved as a local coastal program amendment.
B. The process and requirements established by this chapter regarding amendments to
the local coastal program are intended to be consistent with and shall not supersede the
requirements of the California Coastal Act.
21.52.020 Amendment Initiation.
:.;A:;.;.. __ .Amendments ef to this title, the general plan, or local coastal program may be initiated
by:
fl➔: The verified application of one or more owners of property or building proposed to be
changed or reclassified;
f2➔: Resolution of intention of the city council;
f3➔: Resolution of intention of the planning commission;
f4➔: The planning director.
21.52.030 Application and fees.
A. An application to amend this title, the general plan, or local coastal program shall
be made in writing on a form provided by the planning department. The application shall be
accompanied by all materials and information required by the planning department.
B. At the time of filing the application, the applicant shall pay a processing fee in an
amount as specified by city council resolution.
52
ATTACHMENT 4
C. If the application requests to amend the land use or zone boundaries, designation or
classification, or provisions applicable to a specific parcel(s) of land, the application shall be made
by the owner of the property or the owner's authorized agent. This paragraph shall not apply to an
amendment initiated by the city. Whenever the ovmer of any land or building desires an amendment,
supplement to or change in any of the regulations prescribed for his property, he shall prepare an
application requesting such amendment, supplement or change on the prescribed furm and furv,'ard it 1Nith
the required fee to the planning director.
21.52.040 Authority Planning commission hearing,_
A. The City Council may, upon the recommendation of the planning commission,
approve or deny amendments to this title, the general plan, or local coastal program.
B. Amendments to the local coastal program are also subject to approval by the
California Coastal Commission.
21.52.050 Decision-making process Commission action Announcement.
A. The planning commission shall consider the application at a public hearing noticed
in accordance with chapter 21.54 of this title.
1. The planning commission shall render its decision in the form of a resolution that
includes findings and a written recommendation to the legislative body. Such recommendation shall
include the reasons for the recommendation, the relationship of the proposed ordinance or
amendment to applicable general and specific plans, and shall be transmitted to the legislative body
in such form and manner as may be specified by the legislative body.
2. The adopted planning commission resolution shall be filed with the city clerk and a
copy shall be mailed to the applicant.
B. Following the planning commission's action to recommend approval or denial of the
application, the city council shall consider the application at a public hearing noticed in accordance
with chapter 21.54 of this title.
1. After considering the recommendation of the planning commission, the city council
may approve or deny the application to amend Title 21, the general plan, or local coastal program.
2. The city council may approve, modify or disapprove the recommendation of the
planning commission; provided that any substantial modification of the proposed ordinance or
amendment by the city council not previously considered by the planning commission during its
hearing on the matter, shall first be referred to the planning commission for report and
recommendation. The planning commission shall not be required to hold a public hearing thereon
unless otherwise required by the city council. Failure of the planning commission to report within
forty-five ( 45) calendar days after the referral, or within the time set by the city council, shall be
deemed to be approval of the proposed modification.
3. The city council shall announce its decision to approve or deny the application by
adoption of:
a. An ordinance for amendments to:
i. This title.
ii. The Jocal coastal program implementation plan.
b. A resolution for amendments to:
i. The general plan.
ii. The local coastal program land use plan.
4. Following the city council decision, the city clerk shall send written notice of the
decision to the applicant and anyone who specifically requests to be notified of the decision.
C. Within the coastal zone, the city council's approval of an amendment to the local
coastal program shall not become effective until the amendment is approved by the California
Coastal Commission, pursuant to Section 30514 of the Public Resources Code.
ll.Sl.040 Planning eommission hearing.
The planning commission shall hold a publie hearing on the proposed amendment. P.fotiee of the
hearing shall be gi1,•en 13ursuant to Section 21.5 4 .060(2) of this code and if the 13ro13osed amendment
53
ATTACHMENT 4
affects the permitted uses of specific real property notice shall also be given pursuant to Section
21.54.060(1) of this code.
21.52.050 C0mmissi0n action A.nn0uncement.
The planning commission shall announce its action by formal resolution not more than fifteen
days follo\i.'ing the hearing, and said resolution shall recite, among other things, the facts and reasons
'Nhich, in the opinion of the commission, make the approval or denial of the application for amendment
necessary to carry out the general purpose of this title, and shall recommend the adoption of the
amendment by the city council:, or deny the application.
21.52.060 AppFo¥al 0f amendment Notice.
-When the commission's action is to recommend the adoption of the amendment, the commission
shall, within seven days from the date of such action, notify the applicant by fon,'arding a copy of the
resolution to the applicant at the address shown 1:1pon the application, and shall fonvard to the city council
a copy of the resolution, together 'Nith the complete file in the case.
21.52.070 Denial 0f amendment Notice.
'Nhen the action of the co1'Flmission is to den)' an application, the commission shall, within seven
days from the date of the adoption of its resol1:1tion, notify the applicant by forv,rarding a copy of the
resolution to the address shown 1:1pon the application.
21.52.080 C0mmissi0n action t0 be final when denying application.
The action of the planning commission in denying an application for amendment shall be final
and conclusive unless appealed. The effectiYe date of the decision and method for appeal of s1:1ch decision
shall be governed by Section 21.54.150 of this code.
21.52.090 Public heaFing 00 commission's Fecommendations 00 amendments and appeals.
following receipt of the resolution from the planning commission recommending the adoption of
the amendment, as pro>,•ided in this chapter, the city council shall conduct a duly advertised p1:1blic hearing
on the matter, public notice ofv,•hich shall be given as pro;rided in Section 21.52.040.
21.52.100 Ad•;eFse decision to he Fefened t0 the f)lanning c0mmissi0n.
The city co1:1ncil may appro,,e, disapprove or modify the recommendation of the fllanning
commission, provided that any modification of the proposed ordinance or amendment not f)reviously
considered by the planning commission d1:1ring its hearing shall be referred to the planning commission
for further report on the matter. failure of the planAiAg commissiofl to report to the city council '.Yithin
forty days after reference ma)' be deemed to be approYal by the plaAAiAg commission of any proposed
change.
21.52.110 City e0uneil announcement of decision.
The city council shall reAder its decision as soofl as practicable follov,•ing the terminatiofl of
proceedings of the heariAg or upon the receipt of report from the planniAg commission wheA a matter has
been referred back to the plaFmiAg commission.
21.52.120 Decision of eity eouneil to he final.
The actiofl of the city co1:1Acil (regardless of whether or Hot it be aA aflpro,•al, re>;ersal,
rnodificatioA, or arneAdrneAt to the actioA of the plaAAiAg commissioA) Ofl the apf)licatiofl for ameAdmeAt
shall be effected by at least three affirmati,,e Yotes of members of the city cm,mcil, which actiofl shall be
final ood concl1:1sive.
21.52.lJO N0tiee 0f deeision of eity eoueeil.
}fot later than se•;eA days follov,'ing the city couAcil decisiofl, the city cleric shall seAd 'Nrittefl
notice of the decisiofl to the a-pplicaAt at the address sho1,1,'A on the application. The city clerk may thefl
return the complete file to the plooniAg commission.
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ATTACHMENT 4
21.52.140 ReYiew of zone changes.
Zone changes, other than those initiated by the city, shall be reviewed by the planning
commission one year after the reclassification has been granted. Jn those cases where the new zoning has
not been utilized 1Nithin the one year period, the planning commission shall consider whether the property
should revert back to its original zone, remain as currently zoned, or be changed to a more appropriate
zone. The planning commission may grant one extension not to exceed one year.
21.52.150 General plan and LCP amendments.
(a) Amendments to the general plan or to any of the elements thereof shall be processed in
accord with this chapter. All provisions of this chapter applicable to the amendment of this title shall also
apply to general plan amendments with the exception of the time requirement for planning commission
and city council hearings. Planning commission and city council hearings on general plan amendments
shall be held at such times as the city council shall by motion establish.
(b) Amendments to the certified local coastal program shall be processed according to
Section 30514 of the Public Resources Code.
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ATTACHMENT 4
The list of sections in Chapter 21.53 (Uses Generally) is proposed to be amended as follows:
Sections:
21.53.010
21.53.015
21.53.020
21.53.030
21.53.040
21.53.050
21.53.060
21.53.070
21.53.080
21.53.084
21.53.085
21.53.090
21.53.I00
21.53.110
21.53.120
21.53.130
21.53.140
21.53.150
21.53.230
21.53.240
21.53.250
All zones subject to this chapter.
Voter authorization required for airport expansion.
Limitation of land use--Sewer availability.
Limitation on issuance of building permit.
Clarification of ambiguity.
Use control in reclassified precise plan.
Indicated potential classifications.
Translating potential classifications to permissible use.
Public utilities.
Keeping of dogs, ·cats and household pets.
Wild animals.
Temporary real estate office.
Reserved Temporary real estate signs.
Temporary construction buildings.
Affordable housing multi-family residential projects--Site development plan required.
Satellite television antenna--Purpose.
Satellite television antenna--Generally.
Satellite television antenna-Waiver or modification ofVarianee to standards.
Residential density calculations, residential development restrictions on open space and
environmentally sensitive lands.
Nonresidential development restrictions on open space and environmentally sensitive
lands.
On-shore oil and gas facilities.
Section 21.53.100 (Uses Generally, Temporary real estate signs) is proposed to be amended as follows:
21.53.100 Reserved Temporary real estate sigas.
In any ne\Yly ereated s\:lbdiYision, the s\:lbdiYider or his assignee may maintain two temporary real
estate billboards, not to e*eeed fifty sq\:lare feet in area per faee, or one billboard not to e~,eeed in area of
one h\:lndred sq\:lare feet per faee, for the P\:lff)0Se of selling lots in the S\:lbdiYision only. S\:leh 1:1se shall
eease no later than one year from the date of the recording of the final s\:lbdivision map of said
S\:lbdiYision, \:!Riess the planning commission, for good ca\:lse sho1Nn, shall allow a longer period of time,
\:IP to one )'ear per application therefore, for S\:lch \:!Se. The proced\:lre for applying for S\:lch a longer period
of time for s\:lch \:!Se and for appealing from a decision of the planning commission on S\:leh an applieation
shall be the same as that for a Yarianee \:!Ader Chapters 21.50 and 21.5 4.
Section 21.53.150 (Uses Generally, Satellite television antenna-Variance to standards) is proposed to be
amended as follows:
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ATTACHMENT 4
21.53 .150 Satellite television antenna-Waiver or modification of Variance to standards.
If, after application of the standards set forth in Section 21 .53.140, a satellite antenna cannot be
physically located on the applicant's property or would result in the imposition of unreasonable costs
considering the purchase and installation of the equipment, then the planning director shall waive or
modify the standard(s) grant a variance to these standards, but only to the extent necessary to allow the
installation of one satellite television antenna to be located on the applicant's property in such a place and
manner as to present the least impact on aesthetics from the neighboring properties, neighborhood and
public taking into account all the remaining health, safety or aesthetic regulations set forth in that section .
•
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ATTACHMENT 4
Section 2 l.54.064(a) (Procedures, Hearings Notices and Fees, Applicant's responsibilities) is proposed to
be amended as follows:
(a) The applicant for any action requiring a noticed public hearing shall provide the city with
a list of persons or entitie·s to whom notice must be given and the addresses of such persons. The
applicant shall also provide stamped, addressed envelopes for mailing notice. The list and the envelopes,
if required, shall be provided to the city not more than forty-five nor less than thirty days prior to the time
the matter is scheduled for hearing. If the number of persons to whom notice would be mailed exceeds
one thousand the applicant may, in lieu of providing the stamped, addressed envelopes, provide an
appropriate display advertisement. The applicant shall verify the accuracy of the list and the addresses.
The secretary of the planning commission planning director or the city clerk shall be responsible for
informing the applicant of the date a matter is scheduled for hearing.
Sections 2 l .54.140(b) and 21.54.140( c) (Procedures, Hearings Notices and Fees, Effective date of order -
Appeal of planning director or housing and redevelopment director decisions) are proposed to be
amended as follows:
(b) Whenever the planning director is authorized, pursuant to this title or Title 19, to make a
decision or determination, such decision or determination is final and effective when the planning
director's written determination is mailed or otherwise delivered to the person(s) affected by the
determination, whichever time is least restrictive. Within ten calendar days of the date that a decision or
determination becomes final, a written appeal may be filed with the secretary of the planning commission
planning director by an interested person. An individual member of the city council can be an interested
person for purposes of the appeal. Filing of such an appeal within such time limits shall stay the effect of
the decision or determination of the planning director until such time as the planning commission has
acted on the appeal. The appeal shall specifically state the reason or reasons for the appeal. The burden of
proof is on the appellant to establish by substantial evidence that the grounds for the requested action
exist. Grounds for appeal shall be limited to the following: that there was an error or abuse of
discretion on the part of the planning director in that the decision was not supported by the facts
presented to the planning director prior to the decision being appealed; or that there was not a fair
and impartial hearing. Fees for filing an appeal under this section shall be established by resolution of
the city council.
( c) Upon the filing of an appeal, the secretary of the planning commission planning director
shall schedule the appeal for hearing before the planning commission as soon as practicable. An appeal
shall. be heard and noticed in the same manner as was required of the determination or decision being
appealed. The hearing before the planning commission is ae no=vo, bHt t The appeal hearing before the
planning commission is de novo, however the planning commission shall consider only the evidence
presented to the planning director for consideration in the determination or decision being
appealed. The planning commission shall determine all matters not specified in the appeal have been
found by the planning director and are supported by substantial evidence. The planning commission shall
consiaer the reeommenaations of the planning aepartment, the aeeision of the planning aireetor ana all
other rele1,•ant aoct1mentary ana oral eviaence as presentea at the hearing. The planning commission may
affirm, modify, or reverse the decision of the planning director, and make such order supported by
substantial evidence as it deems appropriate, including remand to the planning director with directions for
58
ATTACHMENT 4
fu1iher proceedings. The planning commission action on an appeal shall be final unless appealed to the
city council, pursuant to the provisions of Section 21.54.150.
Sections 21.54.150(b) and 21.54.150( c) (Procedures, Hearings Notices and Fees, Effective date of order -
Appeal of planning commission or design review board decisions) are proposed to be amended as
follows:
(b) Whenever the planning commission is authorized pursuant to this title or Title 19 to make
a decision or determination, such decision or detennination is final and effective upon the adoption of the
resolution or decision. Within ten calendar days of the date that a decision or determination becomes
final, a written appeal may be filed with the city clerk. An individual member of the city council can be an
interested person for purposes of the appeal. Filing of such an appeal within such time limits shall stay the
effect of the decision or determination of the planning commission until such time as the city council has
acted on the appeal as set forth in this title. The appeal shall specifically state the reason or reasons for the
appeal. The burden of proof is on the appellant to establish by substantial evidence that the grounds for
the decision or determination exist. Grounds for appeal shall be limited to the following: that there
was an error or abuse of discretion on the part of the planning commission in that the decision was
not supported by the facts presented to the planning commission prior to the decision being
appealed; or that there was not a fair and impartial hearing. Fees for filing an appeal under this
section shall be established by resolution of the city council.
( c) Upon the filing of an appeal, the city clerk shall schedule the appeal for hearing before
the city council as soon as practicable. An appeal shall be heard and noticed in the same manner as was
required of the determination or decision being appealed. Ti:ie i:iearing before tlle city council is de no:vo,
The appeal hearing before the city council is de novo; however, the city council shall consider only
the evidence presented to the planning commission for consideration in the determination or
decision being appealed. The city council shall determine all matters not specified in the appeal have
been found by the planning commission and are supported by substantial evidence. Ti:ie city council si:iall
consider ti:ie recommendations of ti:ie 13lanning departffient, ti:ie decision of ti:ie planning and all oti:ier
relevant docuffientary and oral eYidence as presented at ti:ie hearing. The city council may affirm, modify,
or reverse the action of the planning commission, and make such order supported by substantial evidence
as it deems appropriate, including remand to the planning commission with directions for further
proceedings. Any action by the city council shall be final and conclusive; provided, however, that any
action reversing the decision of the planning commission shall be by the affirmative vote of at least three
members of the city council.
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ATTACHMENT 4
Section 21.55.020 (Dedication of Land and Fees for School Facilities, Authority -Conflict) is
proposed to be amended as follows:
21.55.020 Authority-Conflict.
This chapter is adopted pursuant to the provisions of Chapter 4 .7 (commeHcing with SectioH
65970) of Division 1 of Title 7 Section 66478 of the California Government Code. In the case of any
conflict between the provisions of this chapter, and those of the California Government Code Chapter
4=-7-, the latter shall prevail.
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ATTACHMENT 4
Chapter 21.58 (Revocation-Expiration) is proposed to be amended as follows:
Sections:
21.58.010
21.58.0+l_0
21.58.02J0
Chapter 21.58
VIOLATION--REVOCATION--EXPIRATION
Notice of violation for non-compliance with conditions
Revocation of permits or variance.
Expiration period.
21.58.010 Notice of Violation for non-compliance with conditions
(a) Failure to comply with the conditions of approval for any discretionary or
ministerial permit is unlawful. Whenever the city has knowledge that conditions of approval of any
permit or discretionary action issued pursuant to this title have not been complied with, the city
shall mail by certified mail a notice of intention to record a notice of violation to the property
owner and the permitee. The notice of intention to record a notice of violation shall:
(1) Describe the conditions of development in detail, naming the permitees and owners
of the property,
(2) Describe the violation (specifying which condition(s) have not been satisfied),
(3) State that an opportunity will be given to the property owner and/or permitee to
present evidence why such notice should not be recorded, and
( 4) Specify a place, time, and date, which is not less than thirty days and not more than
sixty days from the date of mailing at which the owner may present evidence to the city.
(b) If, after the owner and/or permitee has presented evidence, the city determines that
there has been no violation, the city shall mail a clearance letter to the owner and permitee.
(c) If, however, after the owner and/or permitee has presented evidence, the city
determines that the owner and/or permitee has in fact not complied with conditions of the subject
approval or discretionary action, or if within fifteen days of receipt of a copy of such notice the
owner and/or permitee of such real property fails to inform the city of his or her objection to
recording the notice of violation, the city shall record the notice of violation with the countv
recorder.
(d) The notice of violation, when recorded, shall be deemed to be constructive notice of
the violation to all successors in interest in such real property.
21.5 8. O+l_O Revocation of permits or variance.
(a) The decision-making body who issued a permit pursuant to this title may revoke or
modify said permit or variance; except those permits or variances issued by the planning director,
in which case the planning commission, may revoke or modify said permit or variance. The
revocation hearing shall be noticed consistent with Section 21.54.060, and the revocation shall be
based, after a public heariRg Roticed coRsisteRt 1Nith SectioR 21.5 4 .060 held iR the maRRer prescribed iR
Chapter 2 l .5Q go,,erniRg YariaRces aRd coHditioHal use peFFRits, reYoke or modify afl)' peFFRit or variaHce
~ on af!Y one or more of the following grounds:
( 1) That the approval was obtained by fraud;
(2) That the use for which such approval is granted is not being exercised;
(3) That the use for which such approval was granted has ceased to exist or has been
suspended for one year or more;
(4) That the permit or variance granted is being, or recently has been, exercised contrary to
the terms or conditions of such approval, or in violation of any statute, ordinance, law or
regulation;
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ATTACHMENT 4
(5) That the use for which the approval was granted was so exercised as to be detrimental to
the public health or safety, or so as to constitute a nuisance.
21.58. 0:2:-J.0 Expiration period.
ll!} Any conditional use permit or variance or other development permit or approval granted
pursuant to this title becomes null and void if not exercised within the time period specified in the
approval letter or resolution granting the application or, if no time period is specified, within eighteen
months of the date of approval.
(b) Unless an earlier expiration date appears on the face of the permit any development
permit which is issued in conjunction with tentative subdivision map for a planned unit development as
defined by Section 11003 of the State Business and Professions Code shall expire no sooner than the
approved tentative map or any extension thereof whichever occurs later. Local coastal development
permits issued in conjunction with a tentative subdivision map for a planned unit development shall
expire no sooner than the approved tentative map and shall be in accordance with the applicable local
coastal program which is in effect at the time of the application for extension.
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ATTACHMENT 4
The list of sections in Chapter 21.62 (Violations) is proposed to be amended as follows:
Sections:
21.62.010
21.62.020
Violation-Penalty.
Violation-Remedies.
Section 21.62.020 is proposed to be added to Chapter 21.62 (Violations) as follows:
21.62.020 Violation-Remedies.
The city retains the right to enforce any remedy for violations in accordance with Chapters
1.08 and 1.10 of the Carlsbad Municipal Code, including but not limited to recording a notice of
violation.
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ATTACHMENT 4
Section 21.83.040 (Child Care, Use chart) is proposed to be amended as follows:
21.83.040 Use Chart.
The following use chart indicates the zones where Zones with small and large family day care
homes and child day care centers are permitted, subject to the requirements of this chapter. s-hewn:
on the following use ehart. Permitted, admiHistratii,•e, conditional, and prohibited are authorized as
follo:ws:
"P" indicates that the use is permitted in the zone.
"A" indicates that the use is permitted subject to approval of an administrative permit.
"C" indicates that the use is permitted subject to approval of a conditional use permit.
"X" indicates that the use is prohibited in the zone.
Small Family Large Family
Zoning Day Care Home Day Care Home
(8 or fewer children) (14 or fewer children)
RA,RE,EA p P(l)
R-1 p P(l)
R-2 p P(l)
R-3, RD-M, RP p P(l)
RT,RW,RMHP p P(])
0 X X
HO X X
C-F X X
C-1, C-2, CL X X
PM,CM X X
M, PU, OS, LC, TC, CT X X
VR,PC (4) (4)
Child Day
Care Center
X
X
X
A(2)
X
A(2)
P(3)
A(2)
P(3)
C
X
(4)
1. Permitted only when the large family day care home is located on a lot occupied by a detached,
single-family dwelling OH a lot of 7,500 se:iuare feet or more by ministerial approval without a public
hearing and subject to the provisions of Section 21.83.050 of this chapter.
2. Permitted subject to the provisions of Sections 21.83.070 and 21.83.080 of this chapter.
3. Permitted subject to the provisions of Section 21.83 .080 of this chapter and the requirements of any
controlling document (e.g., site development plan).
4. Permitted subject to the standards of the controlling document (Carlsbad V¥illagc redevelopmer'lt
Mmaster E~lan and Ddesign Manual guidelines or designated master plan) and the provisions of
Section 21.83.080 of this chapter.
Section 21.83.080.F (Child Care, Development Standards for child day care centers) is proposed to be
amended as follows:
F. The following parking requirements shall apply:
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ATTACHMENT 4
1. Parking shall be provided consistent with the standards specified in Chapter 21.44,
unless otherwise specified in this section. Notwithstanding Chapter 21.44 of this title, parking shall be
provided at one space/employee plus one space for each ten childre11:, minimum. Such
1. pE,arking shall not be located in any required front yard setback.
2. An adequate on-site loading/unloading area shall be provided which can be easily
accessed from the child day care center without crossing any driveways or streets. This area may be
counted towards the required parking.
3. Clearly designated pedestrian walkways shall be provided.
I. Up to fifty percent of the parking facilities required by Chapter 21.4 4 of thjs title for a
church may be jointly utili:z:ed by an on site, incidental, child day care center pro>,•ided there is no
substantial coHflict iH the principle operatiHg hours of the buildiHgs or uses for which thejoiHt use of off
street parkiHg facilities is proposed.
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ATTACHMENT 4
Section 21.84.060.C (Housing for Senior Citizens, Development standards and design criteria) is
proposed to be amended as follows:
C. The foJlowing parking requirements shaJI apply:
1. Parking shall ee provided as fol101Ns:Parking shaJI be provided consistent with the
standards specified in Chapter 21.44, unless otherwise specified in this section.
1. A minimum of one and one half cm•ered spaces per every unit, plus one covered space
for an OF1site manager's unit (when provided), and one guest parking space per every fiye units;
;hl. Whenever possible, parking spaces should be laid out at either a thirty, forty-five or sixty
degree angle; and
:'.h2. Required parking spaces shall be available to residents of the project at no fee.
The first paragraph of Section 21.84.080 (Housing for senior citizens, Application process) is proposed to
be amended as follows:
B. Formal Application. A proposal to develop housing for senior citizens shall be processed
under a site development plan (SDP) application in addition to any otherwise required application(s) (i.e.,
tentative maps, parcel maps, planned unit developments, etc.). The site development plan application shall
be processed according to the provisions of Chapter 21.06 of this code, excluding Section 21.06.020 (b)
(1), (2), (3) and (4). The findings for approval of a site development plan for housing for senior citizens
are specified in Section 21.84.080 of this chapter.
Section 21.84.100.D.1.e (Housing for senior citizens, Additional requirements) is proposed to be
amended as follows:
e. In a "senior citizen housing development," the limitation on occupancy may result in
~ less than, but not less than eighty percent, all of the dwellings being actually occupied by a
qualifying resident; •
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ATTACHMENT 4
The list of sections in Chapter 21.86 (Residential Density Bonus Incentives or Concessions) is proposed
to be amended as follows:
Sections:
21.86.010
21.86.020
21.86.030
21.86.040
21.86.050
21.86.060
21.86.070
21.86.080
21.86.090
21.86.100
21.86.110
21.86.120
21.86.130
21.86.140
21.86.150
Purpose and intent.
Definitions.
Inclusionary housing.
Density bonus for housing developments.
Incentives and concessions for housing developments.
Waiver or reduction of development standards.
Density bonus and incentives for condominium conversions.
Housing developments with child day care centers.
Density bonus housing standards.
Affordability tenure.
Application process.
Findings for approval.
Density bonus housing agreement.
Agreement processing fee.
Separability of proyisions Severability.
Section 21.86.150 (Residential Density Bonus Incentives or Concessions) is proposed to be amended as
follows:
21.86.150 Separability of provisions Severability.
A. If any provision of this chapter or the application thereof to any person or circumstances
is held invalid, the remainder of the chapter and the application of the provision to other persons not
similarly situated or to other circumstances shall not be affected thereby.
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ATTACHMENT 4
Sections 21.95.040.B (Hillside Development Regulations, Exemptions from hillside development permit)
are proposed to be amended as follows:
B. Any development exempted by 21.95.040(A) above, which does not comply with Section
21.95.120 and the city's hillside development guidelines, must submit an application for ootam a
hillside development permit or hillside development permit amendment in order to obtain an exclusion
from or modification to the development and design standards pursuant to this chapter.
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ATTACHMENT 4
The first sentence of Section 21.105.030 (Recycling Facilities and Recycling Areas, Recycling collection
facilities allowed in commercial and industrial zones) is proposed to be amended as follows:
21.105.030 Recycling collection facilities allowed in commercial and industrial zones.
Recycling collection facilities shall be allowed in commercial and industrial zones upon approval
of a conditional use permit pursuant to Chapter~ 21.42 of this title, and subject to the following:
Section 21.105.030(b)(6) (Recycling Facilities and Recycling Areas, Recycling collection facilities
allowed in commercial and industrial zones) is proposed to be amended as follows:
(6) Reserved Space shall l=,e provided OR site for a minimum of siJi vehicles or the aRticipated
peak hourly customer load, whichever is higher, as determined by the planniRg director. IR additioR,
parkiRg shall l=,e provided for each employee and for each commercial ,,,ehicle of the recycliRg facility;
The first sentence of Section 21.105.040 (Recycling Facilities and Recycling Areas, Recycling processing
facilities allowed in industrial zones) is proposed to be amended as follows:
21.105.040 Recycling processing facilities allowed in industrial zones.
Recycling processing facilities shall be allowed in industrial zones upon approval of a conditional
use permit pursuant to Chapter~ 21.42 and subject to the following:
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ATTACHMENT 4
The list of sections in Chapter 21.110 (Floodplain Management Regulations) is proposed to be amended
as follows:
Sections:
21.110.010
21.110.020
21.110.030
21.110.040
21.110.050
21.110.060
21.110.070
21.110.080
21.110.090
21.110.100
21.110.110
21.110.120
21.110.130
21.110.135
21.110.140
21.110.150
21.110.160
21.110.170
21.110.180
21.110.190
21.110.200
21.110.210
21.110.220
21.110.230
21.110.240
21.110.250
Statutory authorization.
Reserved Findings of faet.
Statement of purpose.
Methods of reducing flood• losses.
Definitions.
Lands to which this chapter applies.
Basis for establishing the areas of special flood hazard.
Compliance.
Abrogation and greater regulations.
Interpretation.
Warning and disclaimer of liability.
Severability.
Special use pennit.
Findings for Approval
Designation of floodplain administrator.
Duties and responsibilities of the floodplain administrator.
Standards of construction.
Standards for utilities.
Standards for subdivisions.
Standards for manufactured homes.
Floodways.
Coastal high hazard areas.
Mudslide (i.e., mudflow) prone areas.
Flood-related erosion-prone areas ..
Appeals.
Conditions for variances.
Section 21.110.020 (Floodplain Management Regulations, Findings of fact) is proposed to be amended as
follows:
21.110. 020 Reserved Findings of faet.
(a) The flood hazard areas of the eity are sulajeet to periodie inundation whieh results in loss
of life and property, health and safety hazards, disruption of eoffl.Fneree and go,1ernffl.ental seryiees,
eKtraordi-Aaf)' pualie eKpenditures for flood proteetio0 and relief, and iFnpairment of the ta>, ease, all of
1vi1hieh ad,1ersely affeet the pualie health, safety and ge0eral welfare.
(a) These flood losses are eaused ay the eumulative effeet of oastruetions in areas of speeial
flood hazards whieh inerease flood heights a0d ,•elocities, aRd v,1hen inadequately a11ehored, daFnage uses
in other areas. Uses that are i11adeE:Juately floodproofed, ele•,zated or otherwise proteeted froFn flood
daFnage also eo0triaute to the flood loss.
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ATTACHMENT 4
Section 21.110.030 (Floodplain Management Regulations, Statement of purpose) is proposed to be
amended as follows:
21.110.030 Statement of purpose.
(a) The floodplain management regulations are necessary due to the following facts:
(1) The flood hazard areas of the city are subject to periodic inundation that may result
in loss of life and property, health and safety hazards, disruption of commerce and governmental
services, extraordinary public expenditures for flood protection and relief, and impairment of the
tax base, all of which adversely affect the public health, safety and general welfare.
(2) These flood losses are caused by the cumulative effect of obstructions in areas of
special flood hazards that increase flood heights and velocities, and when inadequately anchored,
damage uses in other areas. Uses that are inadequately flood-proofed, elevated or otherwise
protected from flood damage also contribute to the flood loss.
(b) It is the purpose of this chapter to promote the public health, safety and general welfare,
and to minimize public and private losses due to flood conditions in specific areas by provisions
designed:
(1)
(2)
To protect human life and health;
To minimize expenditure of public money for costly flood-control projects;
(3) To minimize the need for rescue and relief efforts associated with flooding and generally
undertaken at the expense of the general public;
(4) To minimize prolonged business interruptions;
(5) To minimize damage to public facilities and utilities such as water and gas mains,
electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard;
(6) To help maintain a stable tax base by providing for the second use and development of
areas of special flood hazard so as to minimize future flood blight areas;
(7) To insure that potential buyers are notified that property is in an area of special flood
hazard;
(8) To insure that those who occupy the areas of special flood hazard assume responsibility
for their actions; and
(9) Recognize floodplain areas as potential open space resources and encourage compatible
open space uses wherever possible.
Section 21.110.130 (Floodplain Management Regulations, Special use permit) is proposed to be amended
as follows:
21.110.130_ Special use permit.
A special use permit shall be obtained in addition to any other required permits or entitlements
before construction or development begins within any area of special flood hazards, areas of flood-related
erosion hazards or areas of mudslide (i.e., mudflow) hazards established in Section 21.110.070. The filing
fees for a special use permit shall be in an amount as the city council may by resolution establish.
Applications for a special use permit shall be made on forms furnished by the planning director
floodplaia administrator and may include, but not be limited to, plans in duplicate drawn to scale showing
the nature, location, dimensions and elevation of the area in question; existing or proposed structures, fill,
storage of materials, drainage facilities; and the location of the foregoing. Specifically, the following
information is required:
(I) Proposed elevation in relation to mean sea level, of the lowest floor (including basement)
of all structures; in zone AO or VO, elevation of highest adjacent grade and proposed elevation of lowest
floor of all structures;
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ATTACHMENT 4
(2) Proposed elevation in relation to mean sea level to which any structure will be
flood proofed;
(3) All appropriate certifications listed in Section 21.11 0. l 50(D) of this chapter;
(4) Description of the extent to which any watercourse will be altered or relocated as a result
of proposed development;
(5) Environmental impact assessment (one copy only); and
(6) Environmental impact report (twenty copies), if required.
Section 21.110.135 is proposed to be added to Chapter 21.110 (Floodplain Management Regulations) as
follows:
21.110.135 Findings for approval.
(a) A special use permit required by this chapter may be approved or conditionally
approved only if the following findings are made:
(1) The project is consistent with the general plan, local coastal program, the
requirements of this chapter, and any other applicable requirement of this code.
(2) The site is reasonably safe from flooding.
(3) The project is designed to minimize the flood hazard to the habitable portions of the
proposed structure.
(4) The proposed project does not create a hazard for adjacent or upstream properties
or structures.
(5) The proposed project does not create any additional hazard or cause adverse
impacts to downstream properties or structures.
(6) The proposed project does not reduce the ability of the site to pass or handle a base
flood of 100-year frequency.
(7) The cumulative effect of the proposed project when combined with all the other
existing, proposed, and anticipated development will not increase the water surface elevation of the
base flood more than one foot at any point.
(8) The project is contingent upon compliance with other federal and state regulations
as required.
Section 21.110.140 (Floodplain Management Regulations, Designation of floodplain administrator) is
proposed to be amended as follows:
21.110.140 Designation of floodplain administrator.
The Planning Commission is appointed as the floodplain administrator. to administer aed
implemeet this chapter ay graetieg or deeyieg special use permits ie accordaece with its proYisioes aed
upon the advice of the city eegieeer.
Section 21.110.150(1) (Floodplain Management Regulations, Duties and responsibilities of the floodplain
administrator) is proposed to be amended as follows:
21.110.150 Duties and responsibilities of the floodplain administrator.
The duties and responsibilities of the floodplain administrator shall include, but not be limited to:
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ATTACHMENT 4
(1) Permit Revie\\'Authority. The floodplain administrator may approve, conditionally
approve or denv a special use permit required by this chapter upon the advice of the city engineer.
(,A,) Review all special 1:1se permits to determine that the permit requirements of this chapter
have been satisfied;
(B) All other required state and federal permits have been obtained;
(C) The site is reasonably safe from flooding;
(D) The proposed deyelopment does not adversely affect the carrying capacity of areas where
base flood elevations have been determined b1:1t a floodway has not been designated. For p1:1rposes of this
chapter, "adversely affects" means that the cumulative effect of the proposed development v,rhen
combined with all other existing and anticipated development v,1ill not increase the 'Nater surface elevation
of the base flood more than Ofle foot at aRy point.
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ATTACHMENT 4
Section 21.201.085 (Coastal Development Permit Procedures, Minor coastal permits for second dwelling
units) is proposed to be amended as follows:
21.201.085 Minor coastal permits for second dwelling units.
A. The planning director may issue minor coastal permits for second dwelling units in the
coastal zone which comply with the following criteria:
1. The development is consistent with Section 21.10.~030 of this title and the certified
local coastal program as defined in Section 30108.6 of the Coastal Act.
2. The development has no adverse effect individually or cumulatively on coastal resources
or public access to the shoreline or along the coast.
B. The director shall give written notice of pending development decision after the
application is complete, at least fifteen working days prior to the decision on the application as follows:
1. Contents. The notice shall include: a statement of a public comment period of at least
fifteen working days sufficient to receive and consider comments submitted by mail prior to the date
established for the decision.
2. Recipients. The notice shall be sent by first class mail to:
a. Any person requesting to be on the mailing list for the project or for coastal decisions;
b. All property owners and residents within one hundred feet of the project perimeter;
c. The Coastal Commission; and
d. The applicant.
C. The planning director may approve, approve with conditions or deny the permit. The
director's decision shall be based upon the requirements of, and shall include specific factual findings
supporting whether the project is or is not in conformity with Section 21.10.030 of this title and, the
certified local coastal program (and, if applicable, with the public access and recreation policies of
Chapter 3 of the Coastal Act).
The planning director's decision shall be made in writing. The date of the decision shall be the
date the writing containing the decision or determination is mailed or otherwise delivered to the person or
persons affected by the decision or determination. The planning director shall provide a notice of final
local action in accordance with Sections 21.201.160 and 21.201.170 of this code, in addition to the
director's written decision.
D. Minor coastal permits for second dwelling units are not appealable to the planning
commission or city council.
Section 21.201.210 (Coastal Development Permit Procedures, Extensions) is proposed to be amended as
follows:
21.201.210 Extensions.
Not moFe thaR RiRety OF less thaA fort:,· five Elays pErior to the expiration of a coastal
development permit the permittee may apply to the director for an extension of the permit. The
application for an extension shall be processed pursuant to the provisions of this chapter. An extension
shall be approved only if it is found that there has been no change of circumstances in relation to coastal
resources per Section 13169 of the California Code of Regulations since the original granting of the
permit. If the director finds that there has been a change of circumstances in relation to coastal resources
since the original granting of the permit the application for the extension shall be denied or conditionally
approved. The decision of the director may be appealed pursuant to the provisions of Section
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ATTACHMENT 4
21.20 l .0S0(D). If a complete application for an extension has been timely filed, the planning commission
or the city council on appeal may grant the extension after the expiration date; provided, that the final
dee is ion is made not later than forty five days after the e),piration date.
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ATTACHMENT 4
Section 21.204.080.C (Coastal Shoreline Development Overlay Zone, Mechanism for guaranteeing public
access) is proposed to be amended as follows:
C. Procedure. Ceopies of the recorded document, title report, and permit shall be forwarded
to the California Coastal Commission by the applicant within ten days after submission of the recorded
document for preparation of the coastal access inventory as required by Section 30530 of the Coastal Act.
The accepting agency or Commission staff may make minor revisions to the documents (such as
corrections in the legal descriptions, minor revisions to the location and use of the accessways in order to
open the area up for public use) to assure that the public right-of-access along dry sandy beaches, bluff
top parcels, or the vertical accessways is protected and capable of being implemented.
Section 21.204.120 (Coastal Development Permit Procedures. Waiver of public liability) is proposed to
be amended as follows:
21.204.120 Waiver of public liability.
As part of the coastal development permit for a coastal shoreline development, the following
requirement shall be completed:
That prior to the transmittal of the coastal development permit, the applicant shall submit to the
planning director a deed restriction for recording, free of prior liens except for tax liens, that binds the
applicant and any successors in interest. The form and content of the deed restriction shall be subject to
the review and approval of the planning director. The deed restriction shall provide:
A. That the applicants understand that the site may be subject to extraordinary hazard from
waves during storms, from erosion, and from landslides, and the applicants assume the liability from
those hazards;
B. The applicants shall unconditionally agree to indemnify and hold the city •Naive aRy
elaim of liability OR the part of the California Coastal CommissioR or the eity for harmless from liability
for any damage from such hazards; and
C. The applicants understand that construction in the face of these probable hazards may
make them ineligible for public disaster funds or loans for repair, replacement or rehabilitation of the
property in the event of storms and landslides.
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ATTACHMENT 4
Section 21.208.050 (Commercial/Visitor-Serving Overlay Zone Uses permitted by conditional use
permit) is proposed to be amended as follows:
21.208.050 Uses permitted by conditional use permit.
Commercial/visitor-serving uses may be permitted within the overlay zone by approval of !!
conditional use permit pursuant to this chapter, excluding outdoor dining (incidental), which is subject
to an administrative permit pursuant to Section 21.26.013 of this title. Conditional uses otherwise
allowed by underlying zoning designations, within the overlay zone, that are not commercial/visitor-
serving uses, are not subject to this chapter. Where the underlying zoning authorizes conditionally
approved uses (other than commercial/visitor-serving uses) Chapter~ 21.42, not this chapter, applies.
Section 21.208.060.D (CommercialNisitor-Serving Overlay Zone, Prohibited uses) is proposed to be
deleted:
D. IReideRtal oHtdoor di0ing areas (whieh 1,i,rai>re parking reqHireme0ts for small oHtdoor
eating areas Hp to foHr h1::1Bdred sqHare feet is si2:e) are prohibited. All iadoor and OHtdoor eating areas
shall pro1ride parkiAg as reqHired by Seetion 21.208.I00(A)(4) of this ehapter.
Sections 21.208.100.A.4 and 21.208. l 00.A.5 (CommercialNisitor-Serving Overlay Zone, Development
standards) is proposed to be amended as follows:
4. Restaurant. One space/one hundred square feet of gross floor area up to two thousand
square feet. Two thousand square feet or greater: twenty spaces plus one space/fifty square feet in excess
of two thousand square feet. Space used for outdoor dining (incidental), pursuant to Section
21.26.013 of this title, shall be exempt from these parking requirements. OHtdoor eating areas reqHire
one spaee/oHe HHndred sq1:Jare feet of gross floor area speeifieally desigHed, desigHated and appro>,•ed for
Ol:ltdoor dining. Recommended design features include adequate shuttle bus circulation and passenger
drop-off/pick-up facilities in addition to tour bus/passenger bus parking provisions.
5. Coffee Shop/Beverage-Serving Use/Delicatessen. One space/three hundred square feet of
gross floor area excluding seating areas for eating and/or drinking. Indoor and Ol:ltdoor §.-seating areas
shall park at one space/one hundred square feet of area. Space used for outdoor dining (incidental},
pursuant to Section 21.26.013 of this title, shall be exempt from these parking requirements.
77
ATTACHMENT 4
e!?,. That the remaining side yard shall be not less than twenty-five percent of the total lot
width measured at the front setback I inel"
c. That the building permit application and other permit applications required by this
code (if any) for the project shall include a site plan that shows the proposed building location,
parking, and side yard setback for both lots common with the proposed zero foot side yard, to the
satisfaction of the planning director, and
d. That an easement or other recorded agreement for maintenance purposes be
granted to provide access to the adjoining lot when there is no side yard.
20