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ZCA 05-02A; CCC Modifications to PD Regulation Amendments; Zone Code Amendment (ZCA)
The City of Carlsbad Planning Department A REPORT TO THE PLANNING COMMISSION Item No.© P.C. AGENDA OF: February 18, 2009 Application complete date: January 8, 2009 Project Planner: Jennifer Jesser Project Engineer: N/A SUBJECT: ZCA 05-02(AV LCPA 05-07fA) - COASTAL COMMISSION'S SUGGESTED MODIFICATIONS TO THE PLANNED DEVELOPMENT REGULATION AMENDMENTS - Staff requests that the Planning Commission recommend to the City Council approval of an amendment to the Zoning Ordinance and Local Coastal Program to modify the standards in Municipal Code Chapter 21.45 (Planned Developments) and Chapter 21.82 (Beach Area Overlay Zone), pursuant to the California Coastal Commission's suggested modifications. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 6544 RECOMMENDING APPROVAL of a Zone Code Amendment (ZCA 05-02(A)) and Local Coastal Program Amendment (LCPA 05-07(A)), and thereby RECOMMENDING ACCEPTANCE and ADMINISTRATION of the California Coastal Commission's suggested modifications to the Planned Development Regulation Amendments. II. INTRODUCTION On January 8, 2009, the California Coastal Commission approved the City's application to amend its Local Coastal Program by amending the Planned Developments, Parking, and Beach Area Overlay Zone (BAOZ) chapters of the Zoning Ordinance (ZCA 05-02/LCPA 05-07 - Planned Development Regulation Amendments). However, the Coastal Commission's approval of the amendments included minor suggested modifications, which the City must accept before the amendments become effective. The suggested modifications include minor amendments to the Planned Development and BAOZ regulations, described below. III. PROJECT DESCRIPTION AND BACKGROUND On February 20, 2007, the Carlsbad City Council approved amendments to the Planned Developments, Parking, and BAOZ chapters of the Carlsbad Zoning Ordinance (ZCA 05- 02/LCPA 05-07). However, the effective date of the Council's approval of these amendments was contingent on the California Coastal Commission's approval. As mentioned above, on January 8, 2009, the Coastal Commission approved the amendments with minor suggested modifications. The primary objective of the amendments previously approved by the City, and by the Coastal Commission on January 8, 2009, is to facilitate the development of high quality residential projects consistent with the minimum and Growth Management Control Point (GMCP) densities o ZCA 05-02(A)/ LCPA 05-07(A) - COASTAL COMMISSION'S SUGGESTED MODIFICATIONS TO THE PLANNED DEVELOPMENT REGULATION AMENDMENTS February 18,2009 Page 2 of the General Plan Land Use designations. Some of the Planned Development, Parking, and BAOZ standards effective today are impediments to achieving minimum and GMCP densities, particularly for residential projects proposed on infill sites and sites designated for higher density development (RMH -11.5 du/ac GMCP, and RH - 19 du/ac GMCP). The previously approved amendments modified the standards to facilitate development consistent with minimum and GMCP densities. The Coastal Commission's suggested modifications are also based on the objective of improving a residential project's ability to achieve the density requirements. It is important to note that the Coastal Commission's suggested modifications are changes that were requested by City staff (no additional changes were suggested by the Coastal Commission). In the two year time period since the City Council's action in February 2007, City staff has had the opportunity to apply the new, City Council adopted Planned Development regulations to proposed projects that have been awaiting the Coastal Commission's approval of the new regulations. During this time, staff has identified some areas of the Planned Development regulations that could be improved to better enable projects to achieve the minimum and GMCP density requirements. The suggested modifications are minor changes to provide additional flexibility, clarity, and to reduce redundancy. TABLE A - SUMMARY OF SUGGESTED MODIFICATIONS Suggested Modification Clarify that visitor parking may be located along a street only if there are no restrictions that would prohibit on-street parking. Clarify that if visitor parking is provided in parking bays, the spaces must be located outside of the minimum required right-of-way width. Remove reference to "driveways" and "drive-aisles" in the standards applicable to "private/public streets". Delete the requirement for separate utility systems for each unit. <u "5 o JS£ Limit one-family dwellings and twin homes on small lots to two stories only if the underlying zone limits residential development to two stories. Allow 2 & 3 floor balconies/decks to cantilever over a drive-aisle. Reformat Row E.8 of Table E to for provide better clarity and eliminate redundancy. Require that private recreation space for multiple family condos be located adjacent to the unit it serves, not be located in a required front yard, and not include any driveways, parking, storage, or common walkways. Reduce required private recreation space (from 400 sq. ft. to 200 sq. ft.) for condo projects developed as detached one-family or two-family condos within the higher density land use designations (RMH & RH). Allow private recreation space for detached one-family or two-family condos to be provided as a balcony/deck on a 2nd or 3rd floor or roof. ^ Clarify that condo projects in the RH designation that opt to provide additional community recreation space in lieu of private recreation space may only do so if the project has 11 or more units. 6 JN Remove the 2-story limitation, but keep the 30-foot/24-foot height limitations in place. ZCA 05-02(A)/ LCPA 05-07(A) - COASTAL COMMISSION'S SUGGESTED MODIFICATIONS TO THE PLANNED DEVELOPMENT REGULATION AMENDMENTS February 18, 2009 Page 3 IV. ANALYSIS As mentioned above, the objective of the suggested modifications is to facilitate residential development consistent with the City's density requirements. Attachment 2 provides a detailed discussion and analysis of each modification. The suggested modifications are consistent with Carlsbad's General Plan, Zoning Ordinance, and Local Coastal Program, as follows: A. General Plan Consistency A Zoning Ordinance is one of the primary means for implementing a City's General Plan. Accordingly, any amendment to a Zoning Ordinance is required to be consistent with the applicable policies and programs of the General Plan. The suggested modifications are consistent with the applicable policies and programs of the General Plan. Particularly relevant to this proposal are the Land Use Element and Housing Element policies and programs described in Table B, below. TABLE B - GENERAL PLAN CONSISTENCY ELEMENT GOAL, OBJECTIVE, POLICY ORPROGRAM ORDINANCE CONSISTENCY The minimum and GMCP densities of the medium to high density residential land use designations are as follows: DESIG. RM RMH RH MIN 4 du/ac 8 du/ac 15 du/ac GMCP 6 du/ac 11. 5 du/ac 19 du/ac Land Use Amend Title 21 of the Carlsbad Municipal Code (Zoning Ordinance), as necessary to be consistent with the approved land use revisions of the General Plan. The Land Use Element of the General Plan was amended in 2005 to include a new provision requiring all residential projects to achieve the minimum density of the underlying General Plan Land Use designation. The suggested modifications (as well as the previously approved amendments) will provide the flexibility required to achieve minimum General Plan densities. Consider density and development right transfers in instances where the property owner is preserving open space consistent with the City's Habitat Management Plan. With the adoption of the City's Habitat Management Plan (HMP), the development area for a number of residential properties has been reduced to as little as 25% of the total site area. The remaining area of these properties is required to be preserved in open space pursuant to the HMP. The suggested modifications (as well as the previously approved amendments) will provide the flexibility necessary to accommodate higher density clustered development projects that result from density transfers. ZCA 05-02(A)/ LCPA 05-07(A) - COASTAL COMMISSION'S SUGGESTED MODIFICATIONS TO THE PLANNED DEVELOPMENT REGULATION AMENDMENTS February 18, 2009 Page 4 TABLE B - GENERAL PLAN CONSISTENCY, CONTINUED ELEMENT GOAL, OBJECTIVE, POLICY OR PROGRAM ORDINANCE CONSISTENCY Housing Element Per the existing Housing Element and Proposed 2005-2010 Housing Element New housing developed with a diversity of types, prices, tenures, densities and locations and in sufficient quantity to meet the demand of anticipated City and regional growth (RHNA). Modify certain development standards or recommend that certain Municipal Code changes be implemented to encourage the development of low or moderate income housing. The City is required by State Housing Element law to accommodate its designated share of the regional housing need (RHNA). The proposed Carlsbad Housing Element (2005-2010) identifies that the City has a RHNA of 2,689 lower income and 1,333 moderate income dwelling units. State Housing Element law assumes that lower and moderate income housing is achievable at 20 du/ac (for lower income) and 12 du/ac (for moderate income). Coincidentally, the City's current GMCP densities for RMH and RH designated properties are 11.5 du/ac and 19 du/ac, respectively. Government Code Section 65863 requires that residential development not be approved at a density below the density used to demonstrate compliance with Housing Element law (in our case, the GMCP). The suggested modifications (as well as the previously approved amendments) will provide the flexibility required to achieve the City's RHNA for lower and moderate income housing and to also comply with Government Code Section 65863. B. Zoning Ordinance Consistency An integral component of any Zoning Ordinance amendment is a requirement to find that the proposed amendments are internally consistent with the procedures and standards of the rest of the existing Zoning Ordinance that is not proposed for amendment. Staff has analyzed the suggested modifications and finds that the amendments are internally consistent with the other provisions of the Zoning Ordinance not being amended. C. Local Coastal Program Consistency The Zoning Ordinance is one of the implementing ordinances for the Carlsbad Local Coastal Program (LCP). A LCP amendment is required when the Zoning Ordinance is amended. As mentioned above, on January 8, 2009, the Coastal Commission approved the LCP amendment to modify the Planned Development, Parking, and Beach Area Overlay Zone regulations (as approved by the City in 2007). The proposed suggested modifications were a part of the Coastal Commission's approval on January 8th, and the Coastal Commission found that the amendments, including the suggested modifications, are consistent with the City's LCP and the California Coastal Act. ZCA 05-02(A)/ LCPA 05-07(A) - COASTAL COMMISSION'S SUGGESTED MODIFICATIONS TO THE PLANNED DEVELOPMENT REGULATION AMENDMENTS February 18, 2009 Page 5 V. ENVIRONMENTAL REVIEW On February 20, 2007, the City Council adopted a Negative Declaration for ZCA 05-02 and LCPA 05-07 - Planned Development Regulation Amendments (Resolution No. 2007-036). The Coastal Commission's suggested modifications do not create any new significant environmental effects that were not previously identified. No additional environmental review is required. ATTACHMENTS: 1. Planning Commission Resolution No. 6544 (ZCA 05-02/LCPA05-07) 2. Analysis of California Coastal Commission's Suggested Modifications 3. Planned Developments chapter (21.45) as approved by City Council on February 20, 2007, including the California Coastal Commission's suggested modifications shown in strike-out/bold-underline. 4. Beach Area Overlay Zone chapter (21.82) as approved by City Council on February 20, 2007, including the California Coastal Commission's suggested modifications shown in strike-out/bold-underline. 5. Parking chapter (21.44) as approved by City Council on February 20, 2007 (for reference only - no suggested modifications to this chapter). LL Z O 111 OO < CO C^ ^" <, z H UJOTQ < z z< o0- <o UJ fflt SUMMARY OF SUGGESTED MODIFICATIONS_w "re Discussion/ Anco 1'•£o •o0) 8aoi_a. 'o 0O ^O 0.c.«_> c T30if: 'o0CLIO tO CO -oc CO co "to 0> 0 The Planned Development (PD) regulations (currently effectivCDco anned Development projects to be located aCL & CD 2L_COCL 3 tO'> _o "co Po 100<CL O csicp if)o<ON T30 O Q.CLCO "m COC Q. "> _iz _arking would not be permitted on a public oration of a fire hydrant or other safety concerr3d modifications will add language to clarify tprovided there are no restrictions that woulda. o .Z ~j_ O <O 0 -2 0 CD i;'tn .c CD to •^ -^ w s £ EH Q. i." CD i_ i?fl "^ "5 O Q. 0 i9 ;E CD75 jc o c_^ O 0 _O C U) m T3w co ™ 0ii 5 .£ "CD CD CD o CDw .£ .E -2 c CD CO CO -0 COi: Q. Q. >> CLCO ^ ^ CD ^o 0 0 P 0~ 0 0 "- 0 3 </) to .E w Q O O CD C3**— •*-* Q, -i— ' ^ Z 5 i- J3 co 0 ^ 2 !c CL to CL'> CL H— S £ -^~ ° E o Ji0 0)»- £CD c 0 u)CO 2 0 c *r t= i= Oo co to '^= O ,_ TO 'C 0 5 ^"to-2 ;^ o £ (— > CD O "o ^^00 i*» "t"' co co, •; • • ^ o "•° 2 ^£ ^ £5 - -55 m 0 •o q 0 2 < CM CD CL 5 CD ^ O m r^ co id in the City Council approved ZCA 05-02/Lalong a private or public street. However, pjn the minimum required right of way width. 1tor parking is provided in parking bays, the bThe PD regulations (currently effective version and as specific05-07) also allow visitor parking to be located in parking baysbays (angled or perpendicular spaces) are not permitted withilsuggested modifications will add language to clarify that if visimust be located outside of the minimum required right-of-way1 CD 0 O 5 -^ 0 'w ^ Jo o>:£ B .S> Q. .E - O *~, . _i£ JO __ "O 0 » « rri 0/K CO CO ^ i— *p fe c* O 0C ±i •= — u. ~ '> CO -^ |~ — w E o 1o — ^ E -a' ^>,-g g5 E D T3 m S (T1 £o c — 2 §_^!-^ fc- r ^ 1— LJ_ M —5 CO U CL to O * «?" 8"0 -j. ."to < g in r^'m .OO a private or public street (as stated in the Cile same provision for "driveways" and "drive-;visitor parking on driveways and drive-aislescurrently effective PD regulations), but will rnthe City Council approved ZCA 05-02/LCPAy" is no longer relevant. The suggestedinology.The standard that allows visitor parking in parking bays alongCouncil approved ZCA 05-02/LCPA 05-07) also references thwhich is redundant because there are separate standards forthe term "driveway" no longer refers to a travel way (as in theonly refer to the private parking area in front of a garage (per 107); therefore, the provision for parking bays along a "drivewamodifications will eliminate any redundancy or conflict in termic "to — 3— -.-*- CO CD 00-°"^ £ 'C .2 "0 0 ~O "Q_ 0 & T3 C0"^> C >- CD w •—ro 0 = "2 -Q _LJ Q} TO r~ """"-•• "5> ?^ ^ TO -i-^ >, E > w >CD 0 -L- 0 >L-5 01 - 1-1 * * - QCL 0 £neering Department. To avoid any potentiale requirement for separate utility systems inThe requirements for utility systems are regulated by the Engiconflict with Engineering standards, it is recommended that th.*-•regulations will not eliminate the requiremensystems for units with separate ownership.regulations be eliminated. However, removing it from the PDbecause the Engineering Department requires separate utility•oCD SZ co CD CL Q. ^ CD .E L_ •;— £ 3 0 ""E S00 ,_.t oi3 •*=CT <0£ E ™ 0>0 -i-j £ >> .2 f_0 ^ Q 3 0 •- tO•£ 0 i/vaivers to this requirement, and maintainingo grant a waiver (since the PD Ordinance dcIn limited circumstances, the Engineering Department grants istandard in the PD Ordinance creates conflict with the ability t0 _Qco H— O , T — CJ g O ^ CD O ^^.o^in -2"c\i"c c0 oi.tj _ (f) 1°Q O °"co.•^'5 5 coCD .E Ifti "o = 0 3 > CO 5 co> CL •*-* C/)C 0 *-* CO TJ "c t!!specify that the standard can be waived). Criteria consideredinstallation (i.e. for stacked-flat condos it may be infeasible tohardship, and State laws related to utility systems in senior livCM C/) O O LL Q O 2 Q LU LU O O CO Zo c/)CO COLU < ^O < Oco LL Z O <0 Z L"-1ID; JLz < LU LU LUO °?in <o —i N I- Q.TABLE A, CONTINUEDY OF SUGGESTED MODIFICATIONS| D V>Discussion/Analysisco "reo •o0)v>oQ.oLl Q. 0) >• £ '4=imited to two-stories (currentLCPA 05-07); however, if theuld be more restrictive than tlachieve minimum densitye constructed above any exisf the underlying zone.one, which a Plannedsigned as one-family dwellings or twin homes on small lots are 1tions and as specified in the City Council approved ZCA 05-02/i does not require a story limitation, then the PD regulations woi, which can create additional limitations on a project's ability tofhe suggested modifications would not allow any structure to bi; all stories of a structure must be within the height limitations o;ts the building height and story limitations of each residential z•oject will be required to comply with:w m U> U> "O v* r^CD — C C £_ —"O 3 O O en CO O) "^ w O) N N •£ T3 c jjj •^ °> -i. -i. E to ° a.2 -is -c -c £ ~ "0-2 ,?" CD -8 •§ §• .^ CD>QStCC^Q) -C ®LL (I) 13 D iZl JZ | — LJ Story Limitation1 £ 0) 'oi oN E "E- t/5 1- I! il .£ inEI li (D ^S |f cr (N d: E t/5 0z Q^ flj in CO 2^1 _0 'o01Q. E 2t/5 0 •*-•Applicable to mobile homes only - no heigrQ_ X {£. >, .a Master Plan, which typicalliment and the RD-M Zone fordevelopmentHeight and story limitations are specified throughreference the R-1 Zone for single-family developcondominium and multiple-familyO CL r- tn J2 O D) '^ CD "o5 5 CD£! s § 0 >, 10 N Q = o O1-1 F ^ c -2 ro = ">J3 -ip CO "C | c "O Q C =lllQ o E^% o > O 0 -^ "c (/)g; o "co o ^2 "cCDEQo 0 0 "^ "co•p- -IIIJI < CN CO W £ CO c co -o ,_ .Q _; Cm £ 9 to 8 -oved ZCA 05-02/LCPA 05-0nd and 3rd floors directly abovi:ks to project 2-feet into requid above a garage) to cantilevfor infill projects),property lines, building separndards for emergency vehick•ds for condominium projects (as stated in the City Council appit building setback from a drive-aisle, and a 0-foot setback for 2tion, the Zoning Ordinances currently allows balconies and decn will allow 2nd & 3rd floor balconies/decks (not just those locatele, which will provided additional flexibility in design (especially5 will still be required to comply with all required setbacks fromsering standards (which include minimum vertical clearance sta111 a%*£r- CO CO i 0 CTco ^ ^ o CD 5 c Q- .b: O) CO E^OLL CD5-i?£ CD CD — "O jEfDg,^ HoCQro (- 1t— CDo > "o IECD ^r ^co S °S co 'R'i-D feo 35 Lulo g 0 -5^ 08 o o5 CO? CD 0I— CN c = >•- 5 S c 10 0 CD -2> *J -Q ^ — < O CO "y5>- oo 0 E-o q •= Q)£ in o ?;i ^- o 8 —E T— co c "" < CN J2 D 'CO " CO o%O LL Q O ^QLU CO LU O O Z) CO CO CO CO COLU< so< 00 co I-|5 ^ LU <^LU O D. IT)O O —I <>pjLuV o < LUc\Tz ^r 9Z o SL? 0 00 IN I- Q.TABLE A, CONTINUEDSUMMARY OF SUGGESTED MODIFICATIONSDiscussion/Analysisco 1 ^o ^•c0)(/)oQ.oL. Q. _0 (/)CO o"COq T- CM O "o 0 CO "5 LU _0 CO h- H—oco LU 5oL_ C0E ^< E co o> O JO m .£The private recreation space standards for condominium projects (as stated in the City Council approved Z05-02/LCPA 05-07) are formatted into two categories: "one-family and two-family dwellings" and "multiple-1dwellings". There are a few requirements that are identical in both categories. The modifications will createsection that lists the private recreation standards applicable to all condominium projects, rather than repeatthe same standard twice.£ _ajj ^* 1 -Q o" s| | § D "D *— ±2.£ 0_ •£!0 ro IEE ~ 0 "> *?CC. TO < "S o 8 co r^ ~ ~ CO j- £ •2 c: .„ •= co The private recreation space standards for detached one-family and two-family condominium projects (as sin the City Council approved ZCA 05-02/LCPA 05-07) require private recreation space to be located adjacethe unit it is intended to serve; however, that is not required for multiple-family projects. Private recreation >.is intended for the sole use of the dwelling owner and should be conveniently located adjacent to the unit,whether the unit is a one-family, two-family, or multiple-family unit. The modifications will ensure this.In addition, the private recreation space for one/two-family condominiums is not permitted to be located witlfront yard and cannot include driveways, parking, storage, or common walkways. These requirements areintended to ensure the recreation space is usable for recreation. The standards are applicable to multiple-fdwellings, as well as one/two-family dwellings.0 "O.a 0w '^ c -S cr >> oO 1= ~ 0 C '•X o '— "~ ro 0"S 0 'c tO 0 D)S=s|i| *"• ^ ^3 Q) C "^0) TO -*— ' — -J-i **~ O CO *-• O) WCO _0> ~ O O c >* •— Q. C — J*i ;> o •*-* fl) 0 "O .« ^ *^ 13 Jg ^1 Cj Q."m ^ ^ "§ C "g >, c SJ **- "o w" 5 > ^ "^ jlj fli **^ ^ ^ CT co ^o £ "c > E L? w" o w vt •§ 8 CD u. >, 0= (/> c > 'p co c^ *- ^ O -^ o m _ '^The PD standards for detached one-family and two-family condominium projects (as stated in the City Couiapproved ZCA 05-02/LCPA 05-07) require a minimum of 400 square feet of private recreation space, whicl"the same amount required for one-family dwellings and twin-homes developed on small lots.In the higher density land use designations (RMH and RH), the minimum density requirements may make idifficult to provide 400 square feet of private recreation space for each unit. In addition, the private recreatispace requirements for condominium projects should not be as high as dwellings on individual lots.Condominiums developed as multiple-family dwellings (a building with three or more units) are currently onrequired to provide a minimum of 60 square feet per unit of private recreation space, which is significantly Iithan the recreation space required for one/two-family condos. The primary difference between a multiple-f;condo and a one/two-family condo is the number of units per building.Condominiums developed as detached one-family and two-family dwellings have more separation betweenbuildings/units on a site than a multiple-family condo project; and therefore, there is more area to provide pirecreation space. However, on sites with a higher density land use designation, the site area available toachieve the minimum density requirements is limited. Reducing the required private recreation space forone/two-family condos on sites in the RMH and RH land use designations will provide more flexibility inachieving minimum density requirements.Si * co "g o 0 '•§ Q- Q. t/) £ C m W _Q &) c -^ "m O k- ^ •— J:T ^ .^ 2 *2 0 "O? •"=; "O £ "53 V> ~O (1) (/J £ |=,^ .oL^-S -o ^ Q) m 2 m r- n5 In ^ ^ Q- **^ "^ — 2. 5 O" c CD W .>» £c°-i°ccLt ® •— CM "c 0 § ~O ofiO ^ii __ C f— ** ^*^-o 0-2-§ o^0X 0 o "55 g -5 E o>!p 2-2 o-o45Z^- O LO CO Q O QLU COLU C3 O=)CO CO COCO CO LU 31Oco UL -Z.og CO H 5)3 o 0_ o -i <>%LuSQ < LU c\TZ "* oz's S5?l 00 IN I- Q-TABLE A, CONTINUEDSUMMARY OF SUGGESTED MODIFICATIONSDiscussion/Analysisco o '•5o 5? T3 0>V)0Q. O Q. 9> CO •— Q) ^ r- -t-^y § Jo CD s e The PD standards for detached one-family and two-family condominium projects (as stated in the City Courapproved ZCA 05-02/LCPA 05-07) require all private recreation space to be located at the ground level; ho1that doesn't work for two-family dwelling condos designed as stacked flats. Also, on smaller in-fill sites theof the site may limit the ability to locate all required private recreation space on the ground level.The modifications will provide the flexibility to locate some or all of the required private recreation space asbalcony/deck. If all or some of the private recreation space is provided via balcony(ies)/deck(s), the minimiarea of the balcony(ies)/deck(s) will be the same as required for multiple-family patios/decks/balconies (6 fcminimum dimension and a minimum of 60 square feet).^,_ >, o £1 8ni ^ OvJ m ,-;_Oii_ 5—**— •m 1 -riS O CD^.LJ_ ^ (T^ O O T3-D•^ /1\ c•4—* ^.^ Vl/ *X i CD = 73 ^ 2 E > m O m O c £tf &-§0) ^ 0 -g "co o -° cu .> -a 2 5 °- ^ w c5 ° -8 °o JS c io 5-S852 Q « ^£ 0 The PD standards (as stated in the City Council approved ZCA 05-02/LCPA 05-07) allow condo projects inRH designation to provide an additional 75 square feet of community recreation space in lieu of privaterecreation space. However, community recreation space is only required for projects with 1 1 or more units,modifications will clarify that the community recreation space in lieu of private recreation space is only allow,community recreation space is required.In: o £ § J •§• "^ -n 'J3 CO Q..E S m <D "• "* 0 0 <£ Q- 0 •- fc 'cT-S >,-£ o .»- j_ ••-? co w w°- "S. 'c .g o •£ T3 C ^* ^ 8 ~ o ;j o ° •S o ^ •— •**J~ "co — ^ ^*' "to c .£= E °^ =. .2 0 <o^I. m </> ~O CD CD </)TT 0 -0 Q. Q. CDO "a co tn in .c LU in "^ o SJ £ij c5 -2>•r— 1— fl5 C/> :=As described in row 3 of this table, the modifications will eliminate the two-story limitation for PD projectsdesigned as one-family dwellings or twin homes on small lots (to ensure the PD ordinance is not more restrthat the underlying zone).Most of the residential sites in the Beach Area Overlay Zone (BAOZ) are small in-fill lots designated for higldensity residential development. Many residential developments in the BAOZ utilize the PD Ordinance todevelop condominium or small lot projects. To ensure the BAOZ standards do not conflict with the PDstandards, it is recommended that the two-story limitation in the BAOZ be removed. In doing so, building hiwill not be increased; building height will still be limited to 30 feet (minimum 3/12 roof pitch) and 24 feet (lesthan a 3/12 roof pitch) in the BAOZ. Removing the 2 story limitation will not be a significant change, sincebuilding height will not increase; however, it will provide additional flexibility in architectural design, which wassist in achieving minimum density requirements.D) 0 Q. Cc c 0 — 2 |SJ _* [2 sw1!'!L- •f-'0 c 'Eo > o .iin O -^ — S $! a>,J < = 0 C^ r* t* ^"~ ° 2 "S .O CO CN V "G 0 0 S0 £ £ S ^^00° o ^tj ^^ _ ^5 £7 -C t CO m0 g> 0 o <.c °£o. CO The following text reflects the Planned Developments chapter as approved by City Council on February 20, 2007, including the California Coastal Commission's suggested modifications shown in strike-out/bold-underline. Chapter 21.45 PLANNED DEVELOPMENTS 21.45.010 Intent and purpose. 21.45.020 Applicability. 21.45.030 Definitions. 21.45.040 Permitted zones and uses. 21.45.050 Application and permit. 21.45.060 General development standards. 21.45.070 Development standards for one-family dwellings and twin-homes on small lots. 21.45.080 Development standards for condominium projects. 21.45.090 Residential additions and accessory uses. 21.45.100 Amendments to permits. 21.45.110 Conversion of existing buildings to planned developments. 21.45.120 Expiration, extension and revisions. 21.45.130 Proposed common ownership land or improvements. 21.45.140 Maintenance. 21.45.150 Failure to maintain. 21.45.160 Model homes. 21.45.170 Restriction on reapplication for planned development permit. 21.45.010 Intent and purpose. A. The purpose of the planned development ordinance is to: 1. Recognize the need for a diversity of housing and product types; 2. Provide a method for clustered property development that recognizes that the impacts of environmentally and topographically constrained land precludes the full development of a site as a standard single-family subdivision; 3. Establish a process to approve the following: a. One-family dwellings and twin-homes on individual lots of less than 7,500 square feet in size or as otherwise allowed by the underlying zone; b. Condominium projects consisting of two-family and multiple-family dwellings, as well as one-family dwellings developed as two or more detached dwellings on one lot; c. Condominium conversions; and d. Private streets; 4. Encourage and allow more creative and imaginative design by including relief from compliance with standard residential zoning regulations. To offset this flexibility in development standards, planned developments are required to incorporate amenities and features not normally required of standard residential developments. 21.45.020 Applicability. A. A planned development permit is required for the development of one-family dwellings or twin-homes on lots of less than 7,500 square feet or as otherwise allowed by the underlying zone, attached or detached condominiums, condominium conversions, and private streets. B. These regulations do not apply to attached residential units proposed for inclusion as part of a commercial development project. C. Any application for a planned development permit that was deemed complete prior to the effective date of the ordinance reenacting this chapter, shall not be subject to the amended provisions of this chapter but shall be processed and approved or disapproved pursuant to the ordinance superseded by the ordinance codified in this chapter. D. If there is a conflict between the regulations of this chapter and any regulations approved as part of the city's certified local coastal programs, a redevelopment plan, master plan or specific plan, the regulations of the local coastal program, redevelopment plan, master plan or specific plan shall prevail. E. A planned development permit shall apply to residential projects only, as specified in "Table A, Permitted Residential Uses" of this chapter. F. A planned development permit shall be required for the development of a private street within a residential development that is not otherwise subject to the requirements of this chapter. Such residential development shall not be subject to any development standard of this chapter, except the private street standards. 21.45.030 Definitions. A. Whenever the following terms are used in this chapter, they shall have the meaning established by this section: 1. "Condominium project" means a common interest development defined by Section 1351 of the California Civil Code, and which consists of two or more attached or detached dwelling units on one lot. 2. "Driveway" means an improved surface on private property intended for exclusive vehicular access from a public/private street or drive-aisle to open/enclosed parking for a single residential unit (attached or detached). 3. "Drive-aisle" means an improved surface on private property intended for shared vehicular access (serving two or more residential units, attached or detached) from a public/private street to a driveway(s) or open/enclosed parking. 4. "Net pad area" means the building pad of a lot excluding all natural or manufactured slopes greater than 3 feet in height except intervening manufactured slopes between split-level pads on a single lot. 5. "Planned development" means a form of development usually characterized by a unified site design for a number of housing units, clustering buildings and providing common open space, recreation and streets. 6. "Twin-home" means two dwellings attached by a common wall where each dwelling is on a separate lot that allows for separate ownership. 21.45.040 Permitted zones and uses. A. Table A, Permitted Residential Uses, specifies the types of residential uses, and the zones where such uses are permitted, subject to the approval of a planned development permit. The uses specified in Table A are in addition to any principal use, accessory use, transitional use or conditional use permitted in the underlying zone. TABLE A PERMITTED RESIDENTIAL USES Legend: P = Permitted (#) Number within parenthesis = Permitted only in certain circumstances. X = Not permitted Zone R-1 R-2 R-3 RD-M R-W R-P RMHP P-C V-R Accessory Uses Residential Use One-Family Dwelling or Twin-Home on Small Lots (one unit per lot) (1)or(4) P P P X (5) P (7) (8) (9) Condominium Project One-family dwellings - (3) or (4) Two-family dwellings - (1 ) or (4) Multiple-family dwellings - (4) One-family or two-family dwellings - P Multiple-family dwellings - (2) or (4) P P P (6) P (7) (8) (9) (1) Permitted when the project site is contiguous to a higher intensity land use designation or zone, or an existing project of comparable or higher density. (2) Permitted when the proposed project site is contiguous to a lot or lots zone R-3, R-T, R-P, C-1, C-2, C-M or M, but in no case shall the project site consist of more than one lot nor be more than ninety feet in width, whichever is less. (3) Permitted when developed as two or more detached units on one lot. (4) Permitted when the project site contains sensitive biological resources as identified in the Carlsbad Habitat Management Plan. In the case of a condominium project, attached or detached units may be permitted when the site contains sensitive biological resources. (5) Permitted when the R-P zone implements the RMH land use designation. (6) Permitted when the R-P zone implements the RMH or RH land use designations. (7) Permitted uses shall be consistent with the master plan. (8) Refer to the Carlsbad Village Redevelopment Master Plan for permitted uses. (9) Refer to Table F for permitted accessory uses. 21.45.050 Application and permit. A. Application. 1. The application for a planned development permit shall be made in writing on the form provided by the planning department, and shall be accompanied by the required fee in an amount specified by city council resolution. 2. The application shall include plans (i.e. site plan, building elevations, floor plans, landscape plans, etc.) as required by the city's submittal requirements, which demonstrate compliance with all development standards and design requirements contained in this chapter. a. A planned development permit application for a small-lot subdivision (intended to be developed with one dwelling per lot) may be approved without architecture and plotting; in which case, approval of a major planned development permit amendment will be required at a later date to authorize the proposed structures and their placement. b. A planned development permit application for a condominium project shall require approval of architecture and plotting concurrent with the approval of the condominium subdivision. 3. The application for a planned development permit shall state the proposed method of land division (i.e., small lots, or air-space condominiums). B. Processing Procedures. 1. Table B, Processing Procedures, identifies required procedures for Minor (four or fewer dwelling units) and Major (five or more dwelling units) Planned Development permits. TABLE B PROCESSING PROCEDURES Topic Decision-Making Body or Official Map Required Required Findings Public Notice Required Public Hearing Required Appeals Minor Planned Development Permit Planning Director Minor Subdivision Map (See Title 20, Chapter 20.24) See Section 21 .45.050(0) See Title 20, Chapter 20.24. Section 20.24.1 15 No See Chapter 21. 54, Section 21.54.140 Major Planned Development Permit Planning Commission (PC) City Council (upon PC recommendation) Up to 50 DU More than 50 DU Major Subdivision Map (See Title 20, Chapter 20.1 2) See Section 21 .45.050(C) Chapter 21 .54, Section 21 .54.060(1 ) Yes See Chapter 21 .54, Section 21 .54.1 50 C. Required Findings. 1. The planning director, planning commission or city council shall approve or conditionally approve a planned development permit only if the following findings are made: a. The proposed project is consistent with the general plan, and complies with all applicable provisions of this chapter, and all other applicable provisions of this code. b. The proposed project will not be detrimental to existing uses, or to uses specifically permitted in the area in which the proposed use is to be located, and will not adversely impact the site, surroundings, or traffic. c. The project will not adversely affect the public health, safety, or general welfare; d. The project's design, including architecture, streets, and site layout: i. Contributes to the community's overall aesthetic quality; ii. Includes the use of harmonious materials and colors, and the appropriate use of landscaping; and ill. Achieves continuity among all elements of the project. D. Modifications to Development Standards. 1. The decision-making body with the authority to approve a planned development permit may approve a modification to the development standards specified in this chapter if all of the following findings are made in writing: a. The proposed planned development designed with the modified development standard(s) is consistent with the purpose and intent of this chapter; and b. The proposed modification(s) will result in the preservation of natural habitat as required by the Carlsbad Habitat Management Plan (HMP); and c. The amount of natural habitat preservation required by the HMP could not be achieved by strict adherence to the development standards of this chapter; and d. The proposed modification(s) will not adversely affect the public health, safety, or general welfare; and e. If the project is located within the coastal zone, the modification is consistent with all Local Coastal Program policies and standards for the protection of coastal resources. 2. Any application for a planned development permit that involves a request for a modification to the development standards of this chapter shall include documentation that clearly demonstrates the modification is necessary to implement the natural habitat preservation requirements of the HMP. 3. The decision-making body with the authority to approve a planned development permit may modify the plan, or impose such conditions or requirements that are more restrictive than the development standards specified in this chapter, the underlying zone or elsewhere in this code, as deemed necessary to protect the public health, safety and general welfare, or to insure conformity with the general plan and other adopted policies, goals or objectives of the city. 21.45.060 General development standards. A. All planned developments shall comply with the general development standards specified in Table C below. Specific standards applicable to one-family dwellings and twin-homes on small-lots can be found in Table D; and standards applicable to condominium projects can be found in Table E. B. In addition to the provisions of this chapter, a planned development project shall be subject to the development standards of the project site's underlying zone. C. If there is a conflict between the development standards of this chapter and the development standards applicable to the project site's underlying zone, the standards of this chapter shall prevail. Exception: the development standards specified in the city's local coastal program, a redevelopment plan, master plan or specific plan shall prevail if such standards conflict with the standards of this chapter. D. When approved, a planned development permit shall become a part of the zoning regulations applicable to the subject property. TABLE C GENERAL DEVELOPMENT STANDARDS REF NO.SUBJECT DEVELOPMENT STANDARD C.1 Density Per the underlying General Plan designation. When two or more general plan land use designations exist within a planned development, the density may be transferred from one general plan designation to another with a general plan amendment. All dwelling units adjacent to any arterial road shown on the Circulation Element of the General Plan shall maintain the following minimum setbacks from the right-of- way: Prime Arterial 50 Feet Major Arterial 40 Feet Secondary Arterial 30 Feet Carlsbad Boulevard 20 Feet C.2 Arterial Setbacks Half (50%) of the required arterial setback area located closest to the arterial shall be fully landscaped to enhance the streetscene and buffer homes from traffic on adjacent arterials, and: • Shall contain a minimum of one 24" box tree for every 30 lineal feet of street frontage; and • Shall be commonly owned and maintained Project perimeter walls greater than 42 inches in height shall not be located in the required landscaped portion of the arterial setback, except noise attenuation walls that: • Are required by a noise study, and • Due to topography, are necessary to be placed within the required landscaped portion of the arterial setback. TABLE C, CONTINUED GENERAL DEVELOPMENT STANDARDS REF. NO. C.3 C.4 C.5 C.6 SUBJECT Permitted Intrusions into Setbacks/ Building Separation Streets Drive-aisles Number of Visitor Parking Spaces Required (1) DEVELOPMENT STANDARD Permitted intrusions into required building setbacks shall be the same as specified in Section 21.46.120 of this code. The same intrusions specified in Section 21.46.120 shall be permitted into required building separation. Private Public Street Trees within parkways 3 or fewer dwelling units 4 or more dwelling units All projects Minimum right-of-way width Minimum curb-to-curb width Minimum parkway width (curb adjacent) Minimum sidewalk width Minimum right-of-way width Minimum curb-to-curb width Minimum parkway width (curb adjacent) Minimum sidewalk width 56 feet 34 feet 5.5 feet, including curb 5 feet (setback 6 inches from property line) 60 feet 34 feet 7.5 feet, including curb 5 feet (setback 6 inches from property line) One-family A minimum of one street tree (24-inch box) dwellings and twin per lot is required to be planted in the homes on small-lots parkway along all streets. Condominium Street trees shall be spaced no further apart projects than 30 feet on center within the parkway. Tree species should be selected to create a unified image for the street, provide an effective canopy, avoid sidewalk damage and minimize water consumption. Minimum 12 feet wide when the drive-aisle is not required for emergency vehicle access, as determined by the Fire Chief. If the drive-aisle is required for be a minimum of 20 feet wide. emergency vehicle access, it shall Minimum 20 feet wide. No parking shall be permitted within the minimum required width of a drive-aisle. A minimum 24-foot vehicle back-up/maneuvering area shall be provided in front of garages, carports or uncovered parking spaces (this may include driveway area, drive-aisles, and streets). Additional width may be required for vehicle/emergency vehicle maneuvering area. Parkways and/or sidewalks may be required. No more than 24 dwelling units shall be located along a single-entry drive-aisle. All drive-aisles shall be enhanced with decorative pavement. Projects with 10 units or fewer A .30 space per each unit. Projects 1 1 units or more A .25 space per each unit. When calculating the required number of visitor parking spaces, if the calculation results in a fractional parking space, the required number of visitor parking spaces shall always be rounded up to the nearest whole number. TABLE C, CONTINUED GENERAL DEVELOPMENT STANDARDS REF. NO. C.7 SUBJECT Location of Visitor Parking DEVELOPMENT STANDARD On Private/ Public Streets On Drive-aisles On a Driveway On-street subject tt F.trfifltffi^ I visitor parking is permitted on private/public streets. )thi* fnllowinn' AR nanllftl mrkinn Tlnnn niihlip/nri\/J'ato r*i i n i rrt i i m Q>1 foot IA/'I^A r*i i»-K +<-\ ^i irK\ it? f r\ 1 1 /-»i « /o • • The private/public street is a minimum 34-feet wide (curb-to- curb) • There are no restrictions that would prohibit on-street parking where the visitor parking is proposed • The visitor parking spaces may be located: o Alo loc o Alo put boi In parking streets wi outside tl nq one or both sides of any private/public street(s) ated within the project boundary, and ng the abutting side and portion of any existing )lic/private street(s) that is contiguous to the project jndary hin the project boundary, provided the parking bays are le minimum reguired street right-of-wav width. When visitor parking is provided as on-street parallel parking, not less than 24 lineal feet per space, exclusive of driveway/drive-aisle entrances and aprons, shall be provided for each parking space, except where parallel parking spaces are located immediately adjacent to driveway/drive-aisle aprons, then 20 lineal feet may be provided. Within the Beach Area Overlay Zone, on-street parking shall not count toward meeting the visitor parking requirement. Visitor parking must be provided in parking bays that are located outside the required minimum drive-aisle width. Outside the Beach Area Overlay Zone Within the Beach Area Overlay Zone One required visitor parking space may be credited for each driveway in a project that has a depth of 40 feet or more. For projects with 10 or fewer units, all required visitor parking may be located within driveways (located in front of a unit's garage), provided that all dwelling units in the project have driveways with a depth of 20 feet or more. One required visitor parking space may be credited for each driveway in a project that has a depth of 40 feet or more. TABLE C, CONTINUED GENERAL DEVELOPMENT STANDARDS REF. NO. C.7, cont. C.8 C.9 SUBJECT Location of Visitor Parking, cont. Screening of Parking Areas Community Recreational Space (1) DEVELOPMENT STANDARD On a Driveway, cont. Compact Parking Distance from unit Within the Beach Area Overlay Zone, cont. All projects In addition to the provisions above to locate visitor parking in a driveway, if the streets within and/or adjacent to the project allow for on-street parking on both sides of the street, then visitor parking may be located in a driveway, subject to the following: • All required visitor parking may be located within driveways (located in front of a unit's garage), provided that all dwelling units in the project have driveways with a depth of 20 feet or more. • If less than 100% of the driveways in a project have a depth of 20 feet or more, then a .25 visitor parking space will be credited for each driveway in a project that has a depth of 20 feet or more (calculations resulting in a fractional parking space credit shall always be rounded down to the nearest whole number). The minimum driveway depth required for visitor parking (20 feet or 40 feet) applies to driveways for front or side- loaded garages, and is measured from the property line, back of sidewalk, or from the edge of the drive-aisle, whichever is closest to the structure. For projects of more than 25 units, up to 25% of visitor parking may be provided as compact spaces (8 feet by 15 feet). No overhang is permitted into any required setback area or over sidewalks less than 6 feet wide. For all projects within the Beach Area the visitor parking may be provided as 15 feet). Overlay Zone, up to 55% of compact spaces (8 feet by Visitor parking spaces must be located no more than 300 feet as measured in a logical walking path from the entrance of the unit it could be considered to serve. Open parking areas should be screened from adjacent residences and public rights- of-way by either a view-obscuring wall, landscaped berm, or landscaping, except parking located within a driveway. Community recreational space shall be provided for al dwelling units, as follows: Minimum community recreational space requirec Project is NOT within RH general plan designation Project IS within RH general plan designation projects of 1 1 or more 200 square feet per unit 150 square feet per unit A . 2^' Community recreational space shall be provided as either (or . ... ° ., both) passive or active recreation facilities,dwelling units Projects with Community recreational space shall 26 or more and active recreational facilities with dwelling units area allocated for active facilities. be provided as both passive a minimum of 75% of the Projects with Community recreational space shall be provided as both passive 50 or more and active recreational facilities for a variety of age groups (a dwelling units minimum of 75% of the area allocated for active facilities). TABLE C, CONTINUED GENERAL DEVELOPMENT STANDARDS REF. NO. C.9, cont. C.10 &A4 Gr42 C.11 SUBJECT Community Recreational Space (1), cont. Lighting Utilitiss Recreational Vehicle (RV) Storage (1) DEVELOPMENT STANDARD Projects with 50 or more dwelling units, cont. All projects (with 11 or more dwelling units) Recreation Area Parking For projects consisting of one-family dwellings or twin homes on small-lots, at least 25% of the community recreation space must be provided as pocket parks. • Pocket park lots must have a minimum width of 50 feet and be located at strategic locations such as street intersections (especially "T-intersections") and where open space vistas may be achieved. Community recreational space shall be located and designed so as to be functional, usable, and easily accessible from the units it is intended to serve. Credit for indoor recreation facilities shall not exceed 25% of the required community recreation area. Required community recreation areas shall not be located in any required front yard and may not include any streets, drive-aisles, driveways, parking areas, storage areas, slopes of 5% or greater, or walkways (except those walkways that are clearly integral to the design of the recreation area). In addition to required resident and visitor parking, recreation area parking shall be provided, as follows: 1 space for each 15 residential units, or fraction thereof, for units located more than 1 ,000 feet from a community recreation area. The location of recreation area parking shall be subject to the same location requirements as for visitor parking, except that required recreation area parking shall not be located within a driveway(s). Examples of recreation facilities include, but are not limited to, the following: Active Passive Swimming pool area Children's playground equipment Spa Courts (tennis, racquetball, volleyball, basketball) Recreation rooms or buildings Horseshoe pits Pitch and putt Grassy play areas with a slope of less than 5% (minimum area of 5,000 square feet and a minimum dimension of 50 feet) Any other facility deemed by the planning director to satisfy the intent of providing active recreational facilities. Benches Barbecues Community gardens Grassy play areas with a slope of less than 5%. Lighting adequate for pedestrian and vehicular safety shall be provided. Required for projects with 100 or more units, or a master or specific plan with 100 or more planned development units. Exception: RV storage is not required for projects located within the RMH or RH land use designations. 20 square feet per unit, not to include area required for driveways and approaches. Developments located within master plans or residential specific plans may have this requirement met by the common RV storage area provided by the master plan or residential specific plan. TABLE C, CONTINUED GENERAL DEVELOPMENT STANDARDS REF. NO. C.11. cont. C 13 C.12 SUBJECT Recreational Vehicle (RV) Storage (1), cont. Storage Space DEVELOPMENT STANDARD RV storage areas shall be designed to accommodate recreational vehicles of various sizes (i.e. motorhomes, campers, boats, personal watercraft, etc.). The storage of recreational vehicles shall be prohibited in the front yard setback and on any public or private streets or any other area visible to the public. A provision containing this restriction shall be included in the covenants, conditions and restrictions for the project. All RV storage areas shall be screened from adjacent residences and public rights-of-way by a view-obscuring wall and landscaping. 480 cubic feet of separate storage space per unit. If all storage for each unit is located in one area, the space may be reduced to 392 cubic feet. Required storage space shall be separately enclosed for each unit and be conveniently accessible to the outdoors. Required storage space may be designed as an enlargement of a covered parking structure provided it does not extend into the area of the required parking stall, and does not impede the ability to utilize the parking stall (for vehicle parking). A garage (12'x20' one-car, 20'x20' two-car, or larger) satisfies the required storage space per unit. This requirement is in addition to closets and other indoor storage areas.(1)This standard does not apply to housing for senior citizens (see Chapter 21.84 of this code). 21.45.070 Development standards for one-family dwellings and twin-homes on small lots. A. In addition to the general development standards found in Table C, planned developments that include one-family dwellings or twin-homes on small lots shall comply with the following development standards found in Table D, One-Family Dwellings and Twin-Homes on Small Lots. TABLE D ONE-FAMILY DWELLINGS AND TWIN-HOMES ON SMALL LOTS Ref. No. D.1 D.2 D.3 SUBJECT Livable Neighborhood Policy Architectural Requirements Minimum Lot Area DEVELOPMENT STANDARD Must comply with city council Policy 66, Principles for the Development of Livable Neighborhoods. Must comply with city council Policy 44, Neighborhood Architectural Design Guidelines. One-family dwellings Twin-homes Exception 5,000 square feet (one dwelling per lot) 3,750 square feet (one dwelling per lot) 3,500 square feet (one-family or twin-home - one dwelling per lot) when either: 1. The project site contains sensitive biological resources as identified in the Carlsbad habitat management plan; or 2. The site has a general plan designation of RMH and unique circumstances such as one of the following exists: a. The project is for lower income or senior citizen housing; b. The site is located west of Interstate 5; c. The dwelling units are designed with alley-loaded garages; or d. The site is either located contiguous to a Circulation Element roadway or within 1200 feet of a commuter rail/transit center, commercial center or employment center. TABLE D, CONTINUED ONE-FAMILY DWELLINGS AND TWIN-HOMES ON SMALL LOTS Ref. No. D.4 D.5 D.6 D.7 D.8 D.9 D.10 SUBJECT Maximum Lot Coverage Minimum Lot Width <1) Minimum Street/Drive- Aisle Frontage Minimum Setback from a Private or Public Street(2)(3) Minimum Setback from a Drive-Aislem Minimum Interior Side Yard Setback Minimum Rear Yard Setback (where the rear property line does not front on a street or drive-aisle) DEVELOPMENT STANDARD 1 story homes 2 story homes 60% of the net pad area 45% of the net pad area for all lots in a project, if the minimum lot area in the project is 5,000 square feet or greater. 50% of the net pad area for all lots in a project, if the minimum lot area in the project is less than 5,000 square feet. Porches with no livable space above the porch, and porte-cocheres no more than 20 feet in width and 6 feet in depth are exempt from lot coverage requirements. One-family dwellings on lots equal to or greater than 5,000 square feet One-family dwellings on lots less than Twin-homes shar TScurved street/drfve a?s°e) ^ * cul-de-sac, or the curved portion of a sharply curved street/drive-aisle) 35 feet Lots located on the curved portion of sharply curved streets/drive-aisles or cul-de- sacs: 25 feet. Residential structure Direct entry garage Residential structure Garage One-family dwellings Twin-homes Residential structure Garage (located on the rear half of the lot) 10 feet 20 feet 5 feet, fully landscaped (walkways providing access to dwelling entryways may be located within required landscaped area) 3 feet Garages facing directly onto a drive-aisle shall be equipped with an automatic garage door opener. Each interior side yard setback shall be a Residential minimum of 10% of the lot width; provided that structure each side yard setback is not less than 5 feet, and need not exceed 10 feet. ._ ,. Located on the front °P 1 tlon half of the lot Located on the rear Garage half of the lot Same as required for residence. Need not exceed 5 feet Any second story living space above a garage shall observe the same interior side yard setback required for the residence. R . . ... One interior side yard setback may be reduced Option Kesiaenlial to 0 feet (zero lot line); provided the other side 2 Stru5ure yard setback is a minimum of 20% of the lotana oarage wjdth and need not exceed 20 feet. One side yard - 0 feet (the side yard where the dwellings on each lot are attached). The other side yard setback shall be a minimum of 20% of the lot width, and need not exceed 20 feet. 20% of lot width, provided the rear yard setback is not less than 10 feet, and need not exceed 20 feet. 5 feet from rear property line Any second story living space above a garage shall observe the same rear yard setback required for "residence", above. TABLE D, CONTINUED ONE-FAMILY DWELLINGS AND TWIN-HOMES ON SMALL LOTS Ref. No. D.11 D.12 D.13 D.14 D.15 SUBJECT Maximum Building Height/ Number of Stories Private Recreational Space Resident Parking Garages for 3 or more cars- in-a-row Driveways DEVELOPMENT STANDARD ^^mo ji*a rr>niiirf*H hv thp iinHprlvinn 7nnp anH not to oypRRri twn ptnrifiR r^Z^rS^afspaca, Minimum dimension of recreational space 15 feet Required private recreational space shall be located at ground level and designed so as to be functional, usable, and easily accessible from the dwelling it is intended to serve, and shall not have a slope gradient greater than 5%. Required private recreational space shall not be located within front yard setback areas, and may not include any driveways, parking areas, storage areas, or walkways (except those walkways that are clearly integral to the design of the recreation area). Open or lattice-top patio covers may be located within the required private recreation space (provided the patio cover complies with all applicable standards, including the required setbacks specified in Section 21 .45.090). Attached solid patio covers and second story decks/balconies may project into a required private recreational space, subject to the following: • The depth of the projection shall not exceed 6 feet (measured from the wall of the dwelling that is contiguous to the patio/deck/balcony). • The length of the projection shall not be limited, except as required by any setback or lot coverage standards. • The patio cover/deck/balcony shall comply with all applicable standards, including the required setbacks specified in Section 21.45.090. 2 spaces per a two-car garage (minimum 20 feet x 20 feet), or unit, providedas eitheri(6) ^ separate one-car garages (minimum 12 feet x 20 feet each) No more than 20% of the total project units may include garages with doors for 3 or more cars-in-a-row that directly face the street, including garages constructed as 3 one-car garages located adjacent to each other, or constructed as a two-car garage separated from a one-car garage with all garage doors directly parallel to the street. Garages that are recessed 20 feet or more back from the forward-most plane of the house shall not be subject to the 20% 3-car garage limitation stated above. Garages with doors for 3 or more cars in-a-row shall not be permitted on lots less than 5,000 square feet in area. Driveways for side-loaded garages must be enhanced with decorative pavement to improve appearance. (1' Lot width is measured 20' behind the front property line. (2) See Table C in Section 21 .45.060 for required setbacks from an arterial street. <3) Building setbacks shall be measured from one of the following (whichever is closest to the building): a) property line; or b) the outside edge of the required street right-of-way width. (4> Building setbacks shall be measured from one of the following (whichever is closest to the building): a) property line; b) the outside edge of the required drive-aisle width; c) the back of sidewalk; or d) the nearest side of a parking bay located contiguous to a drive-aisle (excluding parking located in a driveway in front of a unit's garage). (5) If a project is located within the Beach Area Overlay Zone, building height shall be subject to the requirements of Chapter 21 .82 of this code. (6) The required resident parking within the R-W zone shall be 2 spaces/unit, 1 of which must be covered. Any uncovered required parking space in the R-W zone may be located within a required front yard setback and may be tandem. <7> Garage location standards do not apply to projects where all garages are alley loaded. 21.45.080 Development standards for condominium projects. A. In addition to the general development standards found in Table C, condominium projects shall comply with the following development standards listed in Table E, Condominium Projects. TABLE E CONDOMINIUM PROJECTS REF. NO. E.1 .2 E.3 E.4 SUBJECT Livable Neighborhood Policy Architectural Requirements Coverage Maximum Building Height DEVELOPMENT STANDARD Must comply with city council Policy 66, Principles for the Development of Livable Neighborhoods. One-family and two-family dwellings Multiple-family dwellings Must comply with city council Policy 44, Neighborhood Architectural Design Guidelines There shall be at least three separate building planes on all building elevations. The minimum offset in planes shall be 18 inches and shall include, but not be limited to, building walls, windows, and roofs. All building elevations shall incorporate a minimum of four complimentary design elements, including but not limited to: • A variety of roof planes; • Windows and doors recessed a minimum of 2 inches; • Decorative window or door frames; • Exposed roof rafter tails; • Dormers; • Columns; • Arched elements; • Varied window shapes; • Exterior wood elements; • Accent materials such as brick, stone, shingles, wood, or siding; • Knee braces; and • Towers. 60% of total project net developable acreage. Same as required by the underlying zone, and not to exceed three stories(i) Projects within the RH general plan designation'1' 40 feet, if roof pitch is 3:12 or greater 35 feet, if roof pitch is less than 3:12 Building height shall not exceed three stories TABLE E, CONTINUED CONDOMINIUM PROJECTS REF. NO. E.5 E.6 E.7 SUBJECT Minimum Building Setbacks Minimum Building Separation Resident Parking <6) DEVELOPMENT STANDARD From a private or public street(2)(3) From a drive- aisle(4) Residential structure Direct entry garage Residential structure (all floors, except as specified below) Residential structure - 2na & 3rd floors directly above a garage Garage 2nd & 3rd f|()or balconies/decks (unenclosed and uncovered) 10 feet 20 feet 5 feet, fully landscaped (walkways providing access to dwelling entryways may be located within required landscaped area) 0 feet when projecting over the front of a garage. 3 feet Garages facing directly onto a drive- aisle shall be equipped with an automatic garage door opener. Ofeet May cantilever over a drive-aisle, provided the balcony/deck complies with all other applicable requirements, such as: • Setbacks from property lines • Building separation • Fire and Engineering Department reguirements From the perimeter property The building setback from an interior side or rear lines of the project site perimeter property line shall be the same as (not adjacent to a required by the underlying zone for an interior side public/private street) or rear yard setback. 10 feet All dwelling types One-family and two-family dwellings Multiple-family dwellings If a project is located within the RH general plan designation, resident parking shall be provided as specified below, and may also be provided as follows: • 25% of the units in the project may include a tandem two-car garage (minimum 12 feet x 40 feet). • Calculations for this provision resulting in a fractional unit may be rounded up to the next whole number. 2 spaces per unit, provided as either: • a two-car garage (minimum 20 feet x 20 feet), or • 2 separate one-car garages (minimum 12 feet x 20 feet each) • In the R-W Zone, the 2 required parking spaces may be provided as 1 covered space and 1 uncovered space (5) 1 .5 spaces per unit, 1 of which must be covered (5) iitudio When calculating the required number of and one- parking spaces, if the calculation results in a bedroom fractional parking space, the required number units Of parking spaces shall always be rounded up to the nearest whole number. TABLE E, CONTINUED CONDOMINIUM PROJECTS REF. NO. E.7 Cont. E.8 SUBJECT Resident Parking, cont.(^ Private Recreational Space DEVELOPMENT STANDARD Multiple- family dwellings, cont. One-family. two-family, and multiple- family dwellings One-family, two-family, and multiple- family dwellings, cont. One-family and two- family dwellings 2 spaces per unit, provided as either: • a one-car garage (12 feet x 20 feet) and 1 covered or uncovered space; or (5> Units with • a two-car garage (minimum 20 feet x 20 feet), or two or .2 separate one-car garages (minimum 12 feet x more 20 feet each) bedrooms 0 |p {he R_w Zone and the Beach Afea Over|ay Zone, the 2 required parking spaces may be provided as 1 covered space and 1 uncovered space (5> Required parking may be provided within an enclosed parking garage with multiple, open parking spaces, subject to the following: • Each parking space shall maintain a standard stall size of 8.5 feet by 20 feet, exclusive of supporting columns; and • A backup distance of 24 feet shall be maintained in addition to a minimum 5 feet turning bump-out located at the end of any stall series. Required resident parking spaces shall be located no more than 150 feet as measured in a logical walking path from the entrance of the units it could be considered to serve. Required private recreational space shall be designed so as to be functional, usable, and easily accessible from the dwelling it is intended to serve. Reguired private recreational space shall be located adjacent to the unit the area is intended to serve. Reguired private recreational space shall not be located within any reguired front yard setback area,and may not include any driveways, parking areas, storage areas, or common walkways. Minimum total area per unit May consist of Projects not within the RMH or RH general plan designations Projects within the RMH or RH general plan designations 400 square feet (may consist of more than one recreational 200 sguare feet more than one recreational space. May be provided at ground level and/or as a deck/balcony on a second/third floor or roof. Minimum dimension of recreational P mf^fiO|JUUU 1 O — 1 UUl TABLE E, CONTINUED CONDOMINIUM PROJECTS REF. NO. E.8, cont. SUBJECT Private Recreational Space, cont. DEVELOPMENT STANDARD One-family and two- family dwellings, cont. If provided at ground level If provided at around level, cont. If provided as a deck/ balcony on a second/third floor or roof Not within the RMH or RH general plan 1 5 feet Minimum designations dimension Within the RMH or RH general plan 10 feet designations Shall not have a slope gradient greater than 5%. Attached solid patio covers and second story decks/balconies may project into a reguired private recreational space, subject to the following: • The depth of the projection shall not exceed 6 feet (measured from the wall of the dwelling that is contiguous to the patio/deck/balcony). The length of the projection shall not be limited, except as reguired by any setback or lot coverage standards. Open or lattice-top patio covers may be located within the reguired private recreation space (provided the patio cover complies with all applicable standards, including the reguired setbacks). Minimum dimension 6 feet Minimum area 60 sguare feet RfiniiirfiH nriv^to rflprftitioml PHIPR rhill hn Inpitftd ^t nrniinrl hivfi n plnnn nnrliont nrfntflr thin- S0/* RAOI lirfiH nri\/ito rflprftTHonil pn^PA phill hft Inp^itfiH ^rii^pfint to thfi unit tho 'irfi^ IP intfinriftH to p(=*r\/A Rnni lirnd nrivfttft rftprft^tinml °mpR ph^ll not hn Inntnri within rlrivfiw^vp nirkinn ^rfi^p FtnnnB ^rmp nr rnmmnn wilkwiv/pi rflni lirfiri nrivitft rfipro^tion pmpft ^nrnvirinri tho mtin rnvor pnmnlifip w/ith ^11 ^nnlif^hlfi pt^nrl^rHp inHi iHinn tho rfini lir^H setbacks). Att^phfiH RnliH n^tio pnvfirp ^nd Pfipnnri ptnrv dnrkp/hilpnnifip the following: • Tho rlonth nf thfi nrniftptinn ph^ll nnt fiYPfifiH fi ffiot ^mmpi irnrl frnm thn \A/^II nf thfi ri\A/fillinn th^t IP pnntini ini IP tn tho patio/dock/balcony). Ft^nri^irriF inph irlinn thfi rnnuirod Rfithipkp pnfipififiri in Snptinn 71 /us non TABLE E, CONTINUED CONDOMINIUM PROJECTS REF. NO. E.8, cont. SUBJECT Private Recreational Space, cont. DEVELOPMENT STANDARD Multiple- family dwellings Minimum total area per unit (patio, porch, or balcony) Minimum dimension of patio, porch or balcony 60 square feet 6 feet RfinnirfiH nriv^tn rftprFntinml pmro phnll ho fiinrtinml upshift Projects of 11 or more units that are within the RH qeneral plan designation may opt to provide an additional 75 square feet of community recreation space per unit (subject to the standards specified in Table C of this Chapter), in lieu of providing the per unit private recreational space specified above. TT (2) (3) (4) (5) (6) If a project is located within the Beach Area Overlay Zone, building height shall be subject to the requirements of Chapter 21.82 of this code. See Table C in Section 21.45.060 for required setbacks from an arterial street. Building setbacks shall be measured from the outside edge of the required street right-of-way width, whichever is closest to the building. Building setbacks shall be measured from one of the following (whichever is closest to the building): a) the outside edge of the required drive-aisle width; b) the back of sidewalk; or c) the nearest side of a parking bay located contiguous to a drive-aisle (excluding parking located in a driveway in front of a unit's garage). Any uncovered required parking space in the R-W zone may be located within a required front yard setback and may be tandem. This standard does not apply to housing for senior citizens (see Chapter 21.84 of this code). 21.45.090 Residential additions and accessory uses. A. General. 1. Additions and accessory uses shall be subject to all applicable development standards of this chapter, unless otherwise specified in this section. 2. Enlargement of buildings that are legally non-conforming by reason of inadequate setbacks is permitted, provided that such enlargement does not increase the floor space more than 40% of that existing prior to such enlargement, and that the new addition complies with the setbacks and lot coverage requirements of this chapter. B. One-family dwellings and twin-homes on small lots. 1. Table F lists the provisions for residential additions and accessory uses to one- family dwellings and twin-homes on small lots. 2. The additions and accessory uses listed in Table F shall be subject to the approval/issuance of a building permit. TABLE F RESIDENTIAL ADDITIONS AND ACCESSORY USES TO ONE-FAMILY DWELLINGS AND TWIN-HOMES ON SMALL LOTS Addition/Accessory Use Attached/detached patio covers (2) Pool, spa Non-habitable detached accessory buildings/ structures (e.g., garages, workshops, decks over 30 inches in height) (1)(i)(3) Minimum Front Yard Setback 1 0 feet to posts (2-foot overhang permitted) 20 feet 20 feet Minimum Side and Rear Yard Setbacks 5 feet to posts (2-foot overhang permitted) 5 feet - pool 2 feet - spa 5 feet TABLE F, CONTINUED RESIDENTIAL ADDITIONS AND ACCESSORY USES TO ONE-FAMILY DWELLINGS AND TWIN-HOMES ON SMALL LOTS Habitable detached accessory buildings (i.e. guest houses and second dwelling units) (2'(3)('f> Additions to dwelling (attached) Same setbacks as required for the primary dwelling Same setbacks as required for the dwelling 1 ' Maximum building height is 1 story and 14 feet with a 3:12 roof pitch or 10 feet with less than a 3:12 roof pitch. <2) Minimum 10-foot separation required between a habitable building and any other detached accessory building/structure.<3) Must be architecturally compatible with the existing structure. (4) Second dwelling units are subject to Section 21.10.030. C. Condominium projects. 1. Additions and accessory uses to condominium projects shall be subject to Section 21.45.100 (amendments to permits). 21.45.100 Amendments to permits. A. Amendments to a permit may be initiated by the property owner or an authorized agent, or by motion of the city council. B. Minor Amendment. 1. A project revision may be considered and approved as a minor amendment only if all of the following findings are made: a. The proposed revision does not increase the density (i.e., the addition of units); b. The proposed revision does not decrease the density by more than 10%, and provided the density is not decreased below the minimum density of the underlying residential land use designation of the General Plan; c. The proposed revision does not change the boundary of the subject property; d. The proposed revision does not involve the addition of a new land use not shown on the original permit (e.g., adding a commercial use to a residential project, replacing single-family units with attached residential units, vice versa for each example, etc); e. The proposed revision does not rearrange the major land uses within the development (e.g., it does not exchange the locations of single-family units with attached units); f. The proposed revision does not create changes of greater than 10%, provided that compliance will be maintained with the applicable development standards of this code as follows: 1. Per individual lot or structure basis: Building floor area, coverage or height (except that height reductions of more than 10% are permitted); ii. On an aggregate project basis: Parking, open space, recreation or landscaping areas; g. The proposed revision is architecturally compatible with existing structures within the development. 2. Application Process. a. The application for a minor amendment shall be made in writing on the form provided by the planning department and shall be accompanied by the required fee. b. The application shall include amended exhibits, graphics, statements or other information as may be required to explain and justify the request; 3. Notice. a. If the planning director considers the amendment minor in nature the planning director shall give written notice by mail or personal delivery to all property owners within 100 feet of the subject property, as shown on the latest equalized assessment role, at least 15 days prior to a decision on an application; 4. Effective date of order. a. The effective date of the planning director's decision and method for appeal of such decision shall be governed by Section 21.54.140 of this code; C. Major Amendment. 1. Any other revision to a project that does not meet the criteria for a minor amendment, as described in subsection "B.1" of this section, shall be considered a major amendment. 2. An application for a major amendment of a planned development permit shall be processed, heard and determined in the same manner as an application for a planned development permit. 3. When necessary, the amendment shall be accompanied by an amendment to the corresponding parcel map or tentative map. 21.45.110 Conversion of existing buildings to planned developments. A. Applicability. 1. Any application for the conversion of existing buildings to a planned development (e.g., converting apartments to condominiums) shall be subject to all provisions of this chapter. B. Building Plans and Gas/Electric Plan. 1. An application for conversion of an existing structure to a planned development shall include building plans indicating how the building relates to present building and zoning regulations and where modifications will be required. 2. Also, the application shall include a letter from San Diego Gas and Electric explaining that the plans to connect the gas and electric system to separate systems are acceptable. C. Conversions within the Coastal Zone. 1. The conversion of existing residential units within the Coastal Zone that are occupied by persons or families of low or moderate income shall be subject to the requirements of Section 65590 of the California Government Code. D. Notice to Tenants and Findings. . 1. Each prospective and existing tenant of the proposed condominium project shall be given written notice of the proposed conversion in accordance with Sections 66452.8 and 66452.9 of the California Government Code (Subdivision Map Act); and 2. In addition to all other required findings for a subdivision, the city council shall make all of the findings set forth in Section 66427.1 of the California Government Code (Subdivision Map Act). 21.45.120 Expiration, extension and revisions. A. The expiration, extension or revision of a planned development of four or less lots or units shall be governed by the provision of Section 20.24.160, 20.24.180 and 20.24.080 of this code. B. The expiration, extension or revision of a planned development of five or more lots or units shall be governed by the provisions of Sections 20.12.100, 20.12.110 and 20.12.120 of this code. 21.45.130 Proposed common ownership land or improvements. A. Where a planned development contains any land or improvement proposed to be held in common ownership, the applicant shall submit a declaration of covenants, conditions and restrictions (CC&Rs) with the final map. Such declaration shall set forth provisions for maintenance of all common areas, payment of taxes and all other privileges and responsibilities of the common ownership. B. The CC&Rs shall include provisions: 1. For maintenance of all common areas, payment of taxes and all other privileges and responsibilities of the common ownership. 2. Prohibiting the homeowners' association from quitclaiming land in an association easement for ownership to private property owners thus allowing the homeowners to privatize a common area for his own use. C. The CC&Rs shall be reviewed by and subject to approval of the planning director. 21.45.140 Maintenance. A. All private streets, walkways, parking areas, landscaped areas, storage areas, screening sewers, drainage facilities, utilities, open space, recreation facilities and other improvements not dedicated to public use shall be maintained by the property owners. Provisions acceptable to the planning director shall be made for the preservation and maintenance of all such improvements prior to the issuance of building permits. 21.45.150 Failure to maintain. A. Public Nuisance. 1. All commonly-owned lots, improvements and facilities shall be preserved and maintained in a safe condition and in a state of good repair. 2. Any failure to so maintain is unlawful and a public nuisance if it endangers the health, safety and general welfare of the public and is a detriment to the surrounding community. B. Removal of Public Nuisance. 1. In addition to any other remedy provided by law for the abatement, removal and enjoinment of such public nuisance, the community development director or public works director may, after giving notice, cause the necessary work of maintenance or repair to be done. 2. The costs thereof shall be assessed against the owner or owners of the project. C. Notice of Maintenance Required. 1. The notice shall be in writing and mailed to: a. All persons whose names appear on the last equalized assessment roll as owners of real property within the project at the address shown on the assessment roll; and b. Any person known to be responsible for the maintenance or repair of the common areas and facilities of the project under an indenture or agreement. 2. At least one copy of such notice shall be posted in a conspicuous place on the premises. 3. The notice shall particularly specify: a. The work required to be done; and b. That the work must be commenced within 30 days after receipt of such notice, and diligently and without interruption prosecuted to completion; and c. If upon the expiration of the 30 day period, the work is not commenced and being performed with diligence, the city shall cause such work to be done; in which case, the cost and expense of such work, including incidental expenses incurred by the city, will be assessed against the property or against each separate lot and become a lien upon such property. D. Upon completion of such work, the community development director or public works director shall file a written report with the city council setting forth the fact that the work has been completed and the cost thereof, together with a legal description of the property against which the cost is to be assessed. 1. Written notice shall be provided to all persons specified in subsection C.1 of this section of the hour and place that the city council will pass upon the written report and will hear any protests against the assessments shall be provided. Such notice shall also set forth the amount of the proposed assessment, a. Upon the date and hour set for the hearing, the city council shall hear and consider the report and any protests before proceeding to confirm, modify or reject the assessments. E. A list of assessment as finally confirmed by the city council shall be sent to the city treasurer for collection. 1. If any assessment is not paid within ten days after its confirmation by the city council, the city clerk shall cause to be filed in the office of the county recorder a notice of lien, in a form approved by the city attorney. a. From and after the date of recordation of such notice of lien, the amount of the unpaid assessment shall be a lien on the property against which the assessment is made, and such assessment shall bear interest at the maximum rate allowed by law until paid in full. b. The lien shall continue until the amount of the assessment and all interest thereon has been paid. c. The lien shall have priority according to law. 21.45.160 Model homes. A. Except for model homes, building permits for construction within the proposed planned development shall not be issued until a final subdivision map has been recorded for the project. B. A maximum of six model home units may be constructed prior to recordation of the final map, provided that adequate provision acceptable to the planning director and city attorney are made guaranteeing removal of such complex if the final map is not recorded. 21.45.170 Restriction on reapplication for planned development permit. A. The restrictions on the reapplication for a planned development permit are specified in Section 21.54.130 of this code. The following text reflects the Beach Area Overlay Zone chapter as approved by City Council on February 20, 2007, including the California Coastal Commission's suggested modifications shown in strike-out/bold-underline. Chapter 21.82 BEACH AREA OVERLAY (BAG) ZONE 21.82.010 Intent and purpose. 21.82.020 Application. 21.82.030 Permitted uses. 21.82.040 Site development plan required. 21.82.050 Building height. 21.82.060 Parking. 21.82.070 Dwelling units per lot. 21.82.080 Approved projects. 21.82.010 Intent and purpose. A. The intent and purpose of the beach area overlay (BAO) zone is to supplement the underlying residential zoning by providing additional regulations for development within designated beach areas to: 1. Ensure that development will be compatible with surrounding developments, both existing and proposed, in the beach area; 2. Provide for adequate parking as needed by residential projects; 3. Ensure that adequate public facilities will exist to serve the beach area; 4. Protect the unique mix of residential development and aesthetic quality of the area. 21.82.020 Application. A. The beach area overlay zone shall apply to any residentially zoned property within the area bounded by the AT&SF Railroad right-of-way to the east, the Pacific Ocean to the west, Buena Vista Lagoon to the north and Agua Hedionda Lagoon to the south. 21.82.030 Permitted uses. A. In the beach area overlay zone, any principal use, accessory use, transitional use or conditional use permitted in the underlying zone is permitted subject to the same conditions and restrictions applicable in such underlying zone and to all of the requirements of this chapter. 21.82.040 Site development plan required. A. No building permit or other entitlement shall be issued for any use in the beach area overlay zone unless there is a valid site development plan approved for the property processed pursuant to Section 21.06 (Q-Overlay Zone) of this code. When a development requires a conditional use permit or is processed pursuant to Chapter 21.45 of this code, a site development plan is not required unless the planned development is for four or less units in which case a site development plan shall be processed. Further, a site development plan is not required for the construction, reconstruction, alteration or enlargement of a single-family residential dwelling on a residentially zoned lot. 21.82.050 Building height. A. No newly constructed, reconstructed, altered or enlarged residential structure within the beach area overlay zone shall exceed thirty feet and two stories if a minimum ef this title. Underground parking areas and basements shall not bo considered a story. In the case of underground parking as defined in Section 21.04.370 of this title, or basements as defined in Section 21.04.045 of this titlo, building height shall be measured from the existing grade. 21.82.060 Parking. A. With the exception of the parking standards specified in this section, the parking standards specified in Chapter 21.44 shall apply. B. The parking standards specified in Chapter 21.45 shall apply to planned developments within the BAO zone. C. Visitor Parking. 1. Visitor parking shall be provided for all residential development, as follows: TABLE A NUMBER OF VISITOR PARKING SPACES REQUIRED Number of Units Projects with 10 dwelling units or less Projects with 1 1 units or more Amount of Visitor Parking A .30 space per each unit or fraction thereof. A .25 space per each unit or fraction thereof. 2. When calculating the required number of parking spaces, if the calculation results in a fractional parking space, the required number of parking spaces shall always be rounded up to the nearest whole number. 3. Required visitor parking may be provided within driveways, subject to the following: a. One required visitor parking space may be credited for each driveway in a project that has a depth of 40 feet or more. b. If all streets within and/or adjacent to the project allow for on-street parking on both sides of the street, then visitor parking may be located in a driveway, subject to the following: i. All required visitor parking may be located within driveways, provided that all dwelling units in the project have driveways with a depth of 20 feet or more. ii. If less than 100% of the driveways in a project have a depth of 20 feet or more, then a .25 visitor parking space will be credited for each driveway in a project that has a depth of 20 feet or more (calculations resulting in a fractional parking space credit shall always be rounded down to the nearest whole number). iv. The minimum 20-foot driveway depth required for visitor parking applies to driveways for front or side-loaded garages, and is measured from the property line, back of sidewalk, or from the edge of street pavement, whichever is closest to the structure. 4. Up to 55% of the visitor parking may be provided as compact spaces (eight feet by fifteen feet); 5. No credit will be given for on-street parking to satisfy any of the parking requirements above. 21.82.070 Approved projects. A. This chapter shall not apply to projects having received final discretionary approval, pursuant to Titles 20 and 21 both, from the City of Carlsbad prior to June 26, 1985. If projects exempted above have not commenced construction and made substantial progress towards completion by June 26, 1987, then this chapter shall apply to those projects at that time. The following text reflects the Parking chapter as approved by City Council on February 20, 2007. The California Coastal Commission did not suggest any modifications to this chapter. Chapter 21.44 PARKING 21.44.010 Required off-street parking. 21.44.020 Off-street parking spaces required. 21.44.030 Parking requirements for uses not specified. 21.44.040 Parking provisions may be waived by planning commission. 21.44.050 General requirements. 21.44.060 Off-street parking-Residential zones. 21.44.070 Comprehensive planned facilities. 21.44.080 Joint use of off-street parking facilities. 21.44.090 Common parking facilities. 21.44.100 Parking area plan. 21.44.010 Required off-street parking. A. Off-street parking, designed in accordance with the requirements of this chapter, shall be provided for: 1. All newly constructed buildings; 2. Additions to existing buildings, except for: a. Additions or alterations to an existing one-family dwelling when the addition or alteration results in less than 300 square feet of cumulative additional floor space (over the amount of the original dwelling structure); 3. Any change of use within an existing building. B. All required parking shall be made permanently available and be permanently maintained for parking purposes. C. When calculating the required number of parking spaces, if the calculation results in a fractional parking space, the required number of parking spaces shall always be rounded up to the nearest whole number. 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. 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 Residential Uses One-family dwellings NUMBER OF OFF-STREET PARKING SPACES Two spaces per unit, provided as either: • 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) TABLE A, CONTINUED NUMBER OF OFF-STREET PARKING SPACES REQUIRED USE Residential Uses, cont. Commercial, Industrial, and Other Non- Residential Uses Two-family dwellings (apartments only), for condominium projects see "planned developments" Multiple-family dwellings (apartments only), for condominium projects see "planned developments" Second dwelling units Planned Developments Fraternities Mobile Home Parks Residential Care Facilities Rooming House Housing for senior citizens Time-share projects Bed and Breakfast Uses Bowling Alleys Delicatessen Driving Ranges NUMBER OF OFF-STREET PARKING SPACES Same as required for one-family dwellings Visitor parking Studio and one-bedroom units Units with two or more bedrooms Visitor parking Same as required for multiple-family dwelling visitor parking. 1.5 spaces/unit, one of which must be covered 2 spaces/unit, one of which must be covered Projects with 10 A .30 space per units or fewer each unit. Projects with 11 A .25 space per units or more each 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). 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. See Chapter 21. 45. 1 .25 spaces for each sleeping room 2 spaces per unit, plus 1 visitor parking space for every 4 units 2 spaces, plus 1 space/three beds 1 space for each sleeping room 1 .5 covered spaces per unit, plus 1 covered space for an onsite manager's unit (when provided), and 1 visitor parking space per every five units, subject to approval of a site development plan. 1 .2 spaces per unit 2 spaces, one of which must be covered for the owner's unit, plus 1 space for each guest room. 6 per alley 1 space/250 square feet of gross floor area 1 space/tee plus required parking for accessory uses TABLE A, CONTINUED NUMBER OF OFF-STREET PARKING SPACES REQUIRED USE Commercial, Industrial, and Other Non- Residential Uses, cont. Financial Institutions and Professional Offices Furniture and Appliance Sales Golf Courses Gyms and Health Spas Hospitals Hotels and Motels Industrial building ("spec" - no specific uses identified) Libraries Library Substations Manufacturing Mortuaries Motor Vehicle Uses Museums Professional Care Facilities Public Assembly Recreational Vehicle Storage Areas Research and Development (R&D) NUMBER OF OFF-STREET PARKING SPACES 1 space/200 square Medical Office feet of gross floor area 1 space/250 square Financial Institutions feet of gross floor area 1 space/250 square Other office uses feet of gross floor area Office uses in the village space/30o square redevelopment zone and P £ areas within 300 feet of its M boundary area 1 space/600 square feet of gross floor area 6 spaces/hole plus required parking for accessory uses. 1 space/200 square feet of gross floor area 3 spaces per bed, or 1/200 square feet of gross floor area, whichever is greater. 1 .2 spaces per unit 1 space/250 square feet of gross floor area1 1 space/200 square feet of gross floor area 1 space/250 square feet of gross floor area 1 space/400 square feet of gross floor area, plus 1 space for each vehicle used in conjunction with the use 1 space/50 square feet of assembly area Sales Repair 1 space/400 square feet of gross floor area 4 spaces for every work bay (up through three work bays), plus 2 spaces per bay in excess ol three bays. Workbays do not count as parking spaces. 1 space/500 square feet of gross floor area .45 parking spaces per every bed 1 space/5 seats, or 1 space/100 square feet of assembly area, whichever is greater 1 space for every 10,000 square feet of storage area, with a minimum of 3 spaces. 1 space/250 square feet of gross floor area Bio industrial R&D - 1 space/300 square feet of gross floor area TABLE A, CONTINUED NUMBER OF OFF-STREET PARKING SPACES REQUIRED USE Commercial, Industrial, and Other Non- Residential Uses, cont. Restaurants Retail Uses Schools Theaters Warehouse NUMBER OF OFF-STREET PARKING SPACES Less than 4,000 square feet in size 4,000 square feet or greater Individual Shopping Center Preschools/ Nurseries Elementary Schools High Schools Colleges, Vocational Schools 1 space/100 square feet of gross floor area 40 spaces plus 1 space/50 square feet of gross floor area in excess of 4,000 square feet. 1 space/300 square feet of gross floor area. 1 space/200 square feet of gross floor area 2 1 space/employee plus 1 space for each 10 students, with an adequate loading and unloading area 1 space/employee, with an adequate loading and unloading area 1 space/employee plus 1 space for each 10 students, with an adequate loading and unloading area 1 space/employee plus 1 space for each 3 students, with an adequate loading and unloading area 1 space/5 seats 1 space/1 ,000 square feet of gross floor area, plus 1 space for each vehicle used in conjunction with the use Projects proposing a "spec" industrial building may provide parking at manufacturing or warehouse standards, provided a deed restriction is recorded on the property indicating that these uses on the property will be retained and no other type of use creating a need for additional parking will be permitted, unless more parking area is provided to meet city parking standards. 2 Uses permitted in the underlying zone may be allowed in under-parked shopping centers without the need to provide additional parking, provided there is no expansion of floor area (this does not apply to conditionally permitted uses). 21.44.030 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 commission, and such determination shall be based upon the requirements for the most comparable use specified in this chapter. 21.44.040 Parking provisions may be waived by planning commission. A. The planning commission may, by resolution, waive or modify the provisions as set forth in this title establishing required parking areas for uses such as electrical power generating plants, electrical transformer stations, utility or corporation storage yards or other uses of a similar or like nature requiring a very limited number of persons. 21.44.050 General requirements. A. The following general requirements shall apply to all parking spaces and areas: TABLE B PARKING SPACES AND AREAS Subject Parking space size Compact parking Minimum width of aisles that provide access to parking spaces Circulation Location of required parking Requirement Standard parking space Parallel parking space Compact parking space Nonresidential zones Residential zones All zones 30 and 45 degree parking 60 degree parking 90 degree parking Minimum area of 170 square feet Minimum width of 8.5 feet Maximum overhang of 2.5 feet, provided the overhang does not encroach into any required landscape setback. Minimum length of 24 feet, exclusive of driveway/drive-aisle entrances and aprons Minimum length of 20 feet if located immediately adjacent to a driveway/drive-aisle apron Minimum width of 7 feet Minimum width of 8 feet Minimum length of 15 feet No overhang permitted Up to 25% of the total required parking spaces may be compact spaces. Up to 45% of the required visitor parking spaces may be compact spaces. Compact car spaces shall be located in separate parking aisles from standard sized spaces. Aisles for compact car spaces shall be clearly marked with permanent pole signs denoting "Compact Cars Only". Compact car spaces shall be located in close proximity to the facility they are intended serve, so as to encourage their maximum usage. One-way traffic 1 4 feet wide Two-way traffic 24 feet wide One-way traffic 1 8 feet wide Two-way traffic 24 feet wide 24 feet wide 20 feet - where no vehicles pull into or back-out into a drive-aisle from a parking space. Additional width may be required for vehicle/emergency vehicle maneuvering area. Circulation within a parking area must be such that a car entering the parking area need not enter a street to reach another aisle and that a car need not enter a street backwards. This provision shall not apply to off- street parking required for one-family and two-family dwelling units. For one-family, two- family, and multiple- family dwellings For other residential uses or care facilities (e.g., housing for senior citizens, hospitals, residential care facilities, etc.) See Section 21. 44.060. Not more than 150 feet walking distance from the nearest point of the parking facility to the nearest point of the building that the parking facility is required to serve. TABLE B, CONTINUED PARKING SPACES AND AREAS Subject Requirement Location of required parking, cont. For uses other than those specified above Not more than 300 feet walking distance from the nearest point of the parking facility to the nearest point of the building that the parking facility is required to serve. For purposes of required landscaping, the words "parking area" shall include all blacktop or paved areas, including access ways and areas. Required landscaping of parking areas For parking areas having a capacity of five or more vehicles (except parking provided for one- family and two-family dwellings) At least 3% of the parking area shall be planted and maintained with trees listed on the city's official street tree list, or approved shrubs. Said trees or shrubs shall be: • Contained in planting areas with a minimum dimension of 4 feet and bounded by a concrete or masonry curb of a minimum of 6 inches in height; • Located throughout the off-street parking areas in order to obtain the maximum amount of dispersion. All landscaped areas shall be served by a water irrigation system and be supplied with bubblers or sprinklers. All plans for such landscaped areas shall be approved by the planning director prior to the construction and placement thereof. Surfacing Off-street parking areas shall be paved or otherwise surfaced and maintained so as to eliminate dust or mud, and shall be so graded and drained as to dispose of all surface water. In no case shall such drainage be allowed across sidewalks or driveways. Development and maintenance of public or private parking areas with a capacity for 5 or more vehicles Every parking area that is not separated by a fence from any street or alley property line upon which it abuts, shall be provided with a suitable concrete curb or timber barrier not less than 6 inches in height, and located not less than 2 feet from such street or alley property lines, and such curb or barrier shall be securely installed and maintained; provided no such curb or barrier shall be required across any driveway or entrance to such parking area. Border Barricades, Screening, and Landscaping Every parking area abutting property located in a residential zone shall be separated from such property by a solid wall, view-obscuring fence or compact evergreen hedge 6 feet in height measured from the grade of the finished surface of such parking lot closest to the contiguous residentially zoned property; provided, that along the required front yard, the fence, wall or hedge shall not exceed 42 inches in height. No such wall, fence or hedge need be provided where the elevation of that portion of the parking area immediately adjacent to a residential zone is 6 feet or more below the elevation of such residentially zoned property along the common property line. TABLE B, CONTINUED PARKING SPACES AND AREAS Subject Development and maintenance of public or private parking areas with a capacity for 5 or more vehicles, cont. Parking areas for commercial or office/professional uses in R-3, R-P and R-T zones Requirement Border Barricades, Screening, and Landscaping, cont. Entrances and Exits Any lights provided to illuminate any public parking area, semi-public parking area or used car sales area permitted by this chapter shall be so arranged as to reflect the light away from any premises upon which a dwelling unit is located. The location and design of all entrances and exits shall be subject to the approval of the planning director or other designated person, provided no entrance or exit, other than on or from an alley, shall be closer than 5 feet to any lot located in a residential zone. No parking lot to be used as an accessory to a commercial or office/professional establishment shall be established until reviewed by the planning commission and its location approved. Such approval may be conditioned upon the commission's requiring the planting and/or maintenance of trees, shrubs or other landscaping within and along the borders of such parking area. The parking lot shall be no farther than 50 feet when measured from its closest boundary to the commercial or office/professional establishment to which it is accessory. Such parking lot shall be used solely for the parking of private passenger vehicles. 21.44.060 Off-street parking-Residential zones. A. In all residential zones the following parking regulations shall apply: 1. Garages, parking stalls, carports and RV parking spaces (excluding those in approved RV parking lots) shall be for the exclusive use of the residents only and shall not be separately sold or rented to nonresidents of the property. 2. Required parking spaces for dwelling units shall be located subject to the following: TABLE C LOCATION OF REQUIRED PARKING SPACES IN RESIDENTIAL ZONES Parking Required For: One-family, Two-family, and Multiple-family dwellings Location Standards For Required Parking Spaces All dwelling types Required parking spaces shall be located on the same lot or building site as the buildings they are required to serve. Required parking shall not be located within the front yard setback. Required uncovered parking spaces may be located within the side and/or rear yard setback, provided that a 6 foot-high masonry wall (or some other solid material approved by the decision-making authority) is built along the property line adjacent to the setback area. TABLE C, CONTINUED LOCATION OF REQUIRED PARKING SPACES IN RESIDENTIAL ZONES Parking Required For:Location Standards For Required Parking Spaces One-family, Two-family, and Multiple-family dwellings, cont. Multiple- family dwellings Visitor parking for two-family and multiple- family dwellings Second dwelling units Existing substandard frontage lots with a width of less than 50 feet Subterranean parking Required parking spaces shall be located no more than 150 feet as measured in a logical walking path from the entrance to the unit it could be considered to serve. Same as parking required for primary residential use, with the following exception: • Required visitor parking need not be located within a garage. • Required visitor parking spaces shall be not more than 300 feet walking distance to the unit the parking space is required to serve. • For projects with 10 or fewer units (outside the Beach Area Overlay Zone), all required visitor parking may be located within driveways (located in front of a unit's garage), provided that all dwelling units in the project have driveways with a depth of 20 feet or more (measured from the front property line, back of sidewalk, or edge of drive-aisle, whichever is closest to the structure). Same as parking required for primary residential use, with the following exceptions: • May be located in the front yard setback; and • May be located as a tandem space on a driveway in front of the primary residence's garage (provided the garage is set back a minimum of 20 feet from the property line Tandem parking within the front yard setback shall be permitted, provided: • There is a minimum of one parking space per dwelling unit located within the required setback lines; and • The front yard building setback is no less than 20 feet (in the R-W zone, the front yard setback shall be no less than 10 feet to a second or third building floor). A zero foot setback for subterranean parking shall be permitted, provided that within the setback area(s) all of the "subterranean parking structure" is completely underground and the setbacks are fully landscaped, except for driveways necessary to provide access. 3. Garages in residential zones shall be constructed according to the following standards: TABLE D RESIDENTIAL GARAGE STANDARDS Residential Use Garages for one- family and two- family dwellings Garage Standard The two required parking spaces per unit shall be provided within either: • A two-car garage with a minimum interior dimension of 20 feet by 20 feet; or • Two one-car garages with interior dimensions of 1 2 feet by 20 feet each. TABLE D, CONTINUED RESIDENTIAL GARAGE STANDARDS Residential Use Garages for multiple-family dwellings (if provided for required parking) Garages for multiple-family dwellings (if provided for required parking), cont. Garage Standard One-car garage Two-car garage (both spaces for same unit) Multiple one-car garages in one structure Multiple one-car garages in one structure, cont. Enclosed parking garage with multiple, open parking spaces Minimum interior dimensions of 12 feet by 20 feet. Minimum interior dimensions of 20 feet by 20 feet. Each separate, one-car garage shall have interior dimensions of 12 feet by 20 feet, exclusive of supporting columns. As a minimum, each space shall be separated from the adjacent garage, floor to ceiling, by a permanent stud partition with 1/2-inch gypsum board on one side, where no additional fire protection is required. Each parking space shall maintain a standard stall size of 8.5 feet by 20 feet, exclusive of supporting columns or posts. A backup distance of 24 feet shall be maintained in addition to a minimum 5 feet turning bump-out located at the end of any stall series. 4. The parking of vehicles in residential zones shall be subject to the following regulations: TABLE E WHERE VEHICLES CAN BE PARKED IN RESIDENTIAL ZONES Type Of Vehicle Passenger vehicles, and Light-duty commercial vehicles used as a principal means of transportation by an occupant of the dwelling Recreational vehicles, boats, and trailers Where Vehicles Can Be Parked One-family, two-family, and multiple- family dwellings One-family dwellings on individual lots (in addition to parking spaces provided as required for the dwelling) One-family dwellings on individual lots Garage Covered or uncovered parking spaces provided as required for the dwelling unit In the required front yard on a paved driveway or parking area that: 1 . Does not exceed 30% of the required front yard area; or 2. Is comprised of 24 feet of width extended from the property line to the rear of the required front yard, whichever is greater. A paved area between the required front yard and the actual front of the building, as long as it is an extension and does not exceed the width of the area described above. Any other area of the lot provided that they are screened from view from the public right-of-way. For corner lots, the provisions of this subsection shall apply to the required street side yard; however, in no case, shall the provisions of this section allow parking in both the required front yard and the required street side yard. In an enclosed structure observing all required setbacks Open parking in the side yard or the rear yard TABLE E, CONTINUED WHERE VEHICLES CAN BE PARKED IN RESIDENTIAL ZONES Type Of Vehicle Where Vehicles Can Be Parked Recreational vehicles, boats, and trailers, cont. One-family dwellings on individual lots, cont. Open parking in the required front yard if the parking area does not exceed the maximum paved area permitted for passenger vehicles, and the planning director determines, after giving the same notice as provided for administrative variances in Section 21.51.040 of this code, that access to the side or rear yard cannot be provided. In making this determination, the planning director shall consider: 1. Whether parking in, or access to, the side or rear yard would require structural alteration to the existing residence, or would require the removal of significant or unique landscaping. A fence shall not be deemed to prevent access to the side or rear yard; 2. Whether parking in or access to the side or rear yard would require extensive grading; 3. Whether, because of the configuration of the lot, existing landscaping, the location of the structures on the lot, and the size of the recreational vehicle, parking of the recreational vehicle in the front yard would interfere with visibility to or from any street; 4. Whether allowing parking of the recreational vehicle in the front yard would interfere with traffic on the street or sidewalk, or would encroach into the street and utility right-of- way^ Any person objecting to a decision made pursuant this subsection may request in writing within ten days of the determination by the planning director, an administrative hearing with the planning director. The planning director shall apply the criteria of this section in making his determination. The decision of the director shall be final unless the director's decision is appealed to the planning commission. The effective date of the planning director's decision and method of appeal of such decision shall be governed by Section 21.54.140 of this code. Note: A corner lot is deemed to have reasonable access to the rear yard. Notwithstanding the above, during the construction of a permanent one-family dwelling on a lot, the owner of the lot may live in a recreational vehicle upon said lot during construction of said dwelling for a period not to exceed 6 months. The provisions listed in this section are not intended to supersede more restrictive homeowner provisions contained in approved conditions, covenants and restrictions (CC&Rs). If the provisions of any such CC&Rs are less restrictive than the ordinance codified in this section, then the provisions contained herein shall apply. ' TABLE E, CONTINUED WHERE VEHICLES CAN BE PARKED IN RESIDENTIAL ZONES Type Of Vehicle Where Vehicles Can Be Parked Inoperable Vehicles One-family, two-family, & multiple- family dwellings Storage or parking of inoperable, wrecked, dismantled or abandoned vehicles shall be regulated by Chapter 10.52 of this code, with the following exception: • For one-family dwellings on individual lots, not more than two vehicles in any inoperable, wrecked or dismantled condition may be parked in the side yard or rear yard while said vehicles are being repaired or restored by the owner of the property, provided the vehicles are visually screened from the public right-of-way. Heavy-Duty Commercial Vehicles One-family, two-family, & multiple- family dwellings No heavy-duty commercial vehicles as defined by Section 10.40.075 of this code, except for trailers as permitted by the provision for "recreational vehicles, boats, and trailers" above, shall be parked on any residential lot, except while loading or unloading property; or when such vehicle is parked in connection with, and in aide of, the performance of a service to the property on which the vehicle is parked. 21.44.070 Comprehensive planned facilities. A. Areas may be exempted from the parking requirements as otherwise set up in this chapter, provided: 1. Such area shall be accurately defined by the planning commission after processing in the same manner required for an amendment to the zoning title; 2. No such district may be established and exempted from the provisions of Section 21.44.020 unless 60% or more of all record lots comprising such proposed district are zoned to uses first permitted in a commercial (C) or industrial (M) zone; 3. Such exemptions shall apply only to uses first permitted in the commercial (C) or industrial (M) zones; 4. Before such defined district shall be exempt as provided in this section, active proceeding under any applicable legislative authority shall be instituted to assure that the exempted area shall be provided with comprehensive parking facilities which will reasonably serve the entire district. (Ord. 9804 § 4 (part), 1986) 21.44.080 Joint use of off-street parking facilities. A. The planning commission may, upon application by the owner or lessee of any property, authorize the joint use of off-street parking facilities by the following uses or activities: 1. Up to 50% of the parking facilities required by this chapter for a use considered to be primarily a daytime use may be provided by the parking facilities of a use considered to be primarily a nighttime use; 2. Up to 50% of the parking facilities required by this chapter for a use considered to be primarily a nighttime use may be provided by the parking facilities of a use considered to be primarily a daytime use; 3. Up to 100% of the parking facilities required by this chapter for a church or for an auditorium incidental to a public or parochial school may be supplied by parking facilities of a use considered to be primarily a daytime use; 4. Up to 50% of the parking facilities required by this chapter for a church may be jointly utilized by an on-site, accessory, child day care center provided there is no substantial conflict in the principal operating hours of the church and child day care center; 5. The following uses are typical daytime uses: banks, business offices, retail stores, personal service shops, clothing or shoe repair or service shops, manufacturing or wholesale buildings and similar uses; 6. The following uses are typical of nighttime and/or Sunday uses: auditoriums incidental to a public or parochial school, churches, dance halls, theaters and bars. B. The planning commission may authorize the joint use of off-street parking facilities by the uses or activities specified above, subject to the following conditions: 1. The buildings or uses associated with the joint use of a parking facility shall be located within 150 feet of such parking facility; 2. The application shall show that there is no substantial conflict in the principal operating hours of the buildings or uses for which the joint use of a parking facility is proposed; 3. Parties involved in the joint use of a parking facility shall provide evidence of agreement for such joint use by a proper legal instrument approved by the city attorney as to form and content. Such instrument, when approved as conforming to the provisions of this title, shall be recorded in the office of the county recorder and copies thereof filed with the planning director. 21.44.090 Common parking facilities. A. Common parking facilities may be provided in lieu of the individual requirements contained herein, but such facilities shall be approved by the decision-making authority as to size, shape and relationship to business sites to be served, provided the total of such off-street parking spaces, when used together, shall not be less than the sum of the various uses computed separately. B. When any such common facility is to occupy a site of 5,000 square feet or more, then the parking requirements as specified herein for each of two or more participating buildings or uses may be reduced not more than 15%, subject to approval by the decision-making authority. 21.44.100 Parking area plan. A. The site plan submitted with a building permit application for the building to which a parking area is accessory shall clearly indicate the proposed development, including location, size, shape, design, curb cuts, lighting, landscaping and other features and appurtenances of the proposed parking area. February 6, 2009 Ms. Jennifer Jesser Senior Planner City of Carlsbad Planning Department 1635 Faraday Avenue Carlsbad, CA 92008 RE: Proposed Planned Development Regulation Amendments Dear Ms. Jesser: Thank you for the opportunity to review the latest proposed changes to the PD Regulations. I have had recent, direct experience in implementing the existing PD Regulations, having developed 3 residential projects in the beach area over the past ten years. It is apparent that the City has made some significant changes that will have a positive impact on an applicant's ability to design a high-quality residential project that meets the minimum densities the City now requires. While I am generally in agreement with the City Council adopted PD regulations, as well as the latest "Coastal Commission required changes, I would like to take this opportunity to suggest a couple of minor improvements If these improvements are incorporated into the proposed changes, I believe the new PD Regulations would be even more effective. My suggested improvements are as follows: 1. Amend Reference Nos. D.8 & E.5 of Tables D & E respectively to eliminate the requirement for a residential structure setback (0 ft) from drive-aisles for small projects (25 of fewer dwelling units) located in the RMH and RH general plan designations. It is very difficult to achieve the minimum and Growth Management Control Point (GMCP) densities of the higher density general plan designations (RMH & RH) on small, in fill lots (and thus small projects) in the beach area. Requiring a 5 foot drive-aisle setback makes it very difficult to site units on these small beach-area lots as they typically have lot widths of 60 feet or less. As an example, on a 50 foot wide lot, you need 5 foot side yard setbacks, a 12 foot or 20 foot wide drive-aisle (3 or less du's; 4 or more du's), and a 20 foot deep garage, which totals 42 to 50 feet, leaving very little or no land to develop any residential living area at the ground level if the residential structure has to be setback 5 feet from the drive-aisle. 2. Add text language to Tables D & E where appropriate to clarify that railings required for upper level decks/balconies and roof decks are permitted to exceed the 24 foot flat-roof height limit (35 feet for flat-roofs on projects in the RH general plan designation and located outside of the Beach Area Overlay Zone), but that the railings shall not exceed the overall pitched-roof height limit. HowesWeiler&Associates LAND USE PLANNING AND CONSULTATION February 11,2009 Marty Montgomery Chairman Carlsbad Planning Commission 1635 Faraday Avenue Carlsbad, CA 92008 RE: ZCA 05-02/LCPA 05-07 Planned Development Ordinance Dear Chairman Montgomery: I have reviewed the minor revisions made to the Planned Development Ordinance by the California Coastal Commission suggested by the City staff. These changes are very minor in nature and do not adversely impact the intent of the ordinance. I believe the proposed changes provide better clarification and design flexibility. At this time I am working on several higher density projects that have been designed in accordance with the requirements of the revised Planned Development Ordinance. Two of these sites could not have been developed in accordance with the minimum density requirements of their General Plan designations under the existing Planned Development Ordinance. All of the project issues have been resolved with staff for those two projects and we are just waiting for the final approval of the Planned Development Ordinance so they can be scheduled for a Planning Commission hearing. I urge the Planning Commission recommend that the City Council approve the minor revisions to the Planned Development Ordinance made by the Coastal Commission. As I have stated previously, staff has worked closely with the development community on the proposed revisions and the proposed changes will facilitate the development of higher density infill development. - Sincerely, Mike Howes Cc Planning Commission Don Neu Gary Barberio Jennifer lesser CHAMBER OF COMMERCE February 5, 2009 Carlsbad Planning Commission 1200 Carlsbad Village Drive Carlsbad, CA 92008 RECEIVED FEB172009 CITY OF CARLSBAD PLANNING DEPT RE: PLANNNED DEVELOPMENT ORDINANCE (ZCA05-02/LCPA 05-07) Dear Commissioners: I have reviewed the modifications made to the Planned Development Ordinance by the California Coastal Commission with Bob Ladwig of the Ladwig Design Group and Mike Howes of Howes, Weiler and Associates.' It is our understanding that the modifications to the ordinance were suggested by the Carlsbad City staff and then approved by the Coastal Commission. We believe that these minor modifications are beneficial in nature and provide clarification and greater design flexibility, without compromising the intent of the ordinance. We appreciate the opportunity staff has given us to review these revisions. As we have mentioned in thejpast, we applaud the effort staff has made to work with the community to keep all of the stakeholders involved and to listen to and incorporate our recommendations. On behalf of the Carlsbad Chamber of Commerce I would like to request that the Planning Commission recommend to the City Council that the Council approve the Coastal Commission's modifications to the Planned Development Ordinance. Sincerely Ted Owen Cc Sandra Holder Don Neu Gary Barberio Hofman Planning & Engineering Planning Civil Engineering Fiscal Services Coastal February 18, 2009 Jennifer Jesser, Senior Planner City of Carlsbad, Planning Department 1635 Faraday Avenue Carlsbad, CA 92008 HPE SUPPORT FOR ZCA 05-02/LCPA 05-07 Hofman Planning and Engineering (HPE) has been providing land use consulting services since 1985 with a focus on Carlsbad. We have reviewed the pending modifications to the Planned Development Ordinance and related regulations. We wanted to provide our support to this effort and specifically support the Planning Commission's recommendation of approval to the City Council on this matter. Likewise we urge support and approval by the City Council after the Planning Commission action of February 18, 2009; and further support the approval of the Coastal Commission of LCPA 05-07 which will effectuate the regulations within the City's coastal zone. Thank you for keeping the code updated and allowing for our review. Sincerely, ERIC MUNOZ Director of Planning - HPE c: Assistant Planning Director Planning Commissioners 3152 Lionshead Avenue • Carlsbad • CA 92010 • (760)692-4100 • Fax: (760)692-4105 ERRATA SHEET FOR ITEM #4 February 18, 2009 TO: PLANNING COMMISSIONERS FROM: Gary Barberio, Assistant Planning Director Jennifer Jesser, Senior Planner (13. SUBJECT: COASTAL COMMISSION'S SUGGESTED MODIFICATIONS TO THE PLANNED DEVELOPMENT REGULATION AMENDMENTS On January 22, 2009, staff notified approximately 40 interested parties (including local builders, architects, applicants, Chamber of Commerce, and BIA) of the Coastal Commission's suggested modifications to the Planned Development Regulation Amendments. In response to that notification, staff received four letters (previously distributed to the Planning Commission) and one email (attached) supporting the City's approval of the modifications. In one of the four letters received, Pat McGuire, a local builder, recommended two additional modifications, and the email from Buck Thompson (Pi Arc Design) suggested one modification. The additional modifications are summarized below, and the amended Analysis Table and strike-out/underline version of the Planned Development chapter are attached. Summary of Additional Modifications: 1. No longer require a building setback from a drive-aisle for projects of 25 units or less within the RMH and RH land use designations 2. Clarify that protective barriers for balconies and decks may extend above the height limit 3. Eliminate the language "2nd and 3rd floor" from the provision to allow balconies and decks to cantilever over a drive-aisle.