HomeMy WebLinkAboutZCA 07-02; Miscellaneous Zone Code Amendments; Zone Code Amendment (ZCA)The City of Carlsbad Planning Department
A REPORT TO THE PLANNING COMMISSION
Item No.0
P.C. AGENDA OF: June 2, 2010
Application complete date: N/A
Project Planner: Corey Funk
Project Engineer: N/A
SUBJECT: ZCA 07-02/LCPA 07-03 - MISCELLANEOUS ZONE CODE
AMENDMENTS - A request for a recommendation of approval for a Zone Code
Amendment and Local Coastal Program Amendment to make various minor
amendments to the text of the Zoning Ordinance.
I.RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolutions No. 6696 and 6697
RECOMMENDING APPROVAL of ZCA 07-02 and LCPA 07-03 based on the findings
contained therein.
II.INTRODUCTION
This proposal involves a City-initiated Zone Code Amendment and Local Coastal Program
Amendment to make various minor amendments to the text of the Zoning Ordinance. The
primary purpose of this project is to amend many unrelated sections of the Zoning Ordinance
that contain minor errors, need to be clarified, should be updated to reflect current conditions, or
require other minor changes (i.e. "clean-up" amendments). The project consists of text changes
only that apply citywide.
The proposed amendments are consistent with applicable portions of the General Plan and
maintain internal consistency within the Zoning Ordinance and the Local Coastal Program
(LCP). With regard to the LCP amendment, the Zoning Ordinance is the LCP implementing
ordinance; therefore an LCP amendment is necessary. However, no portion of the LCP land use
plan document is being amended.
III. PROJECT DESCRIPTION AND BACKGROUND
As mentioned above, this project consists of many unrelated "clean-up" amendments to the
Zoning Ordinance. Most of the amendments proposed are clarifications or are procedural in
nature, and any new requirements proposed do not differ significantly from existing policy. The
proposed amendments will:
1. Improve Code consistency (internally, with other titles of the Municipal Code, the
General Plan, and State law); and
2. Improve usability, by clarifying some procedures and Code wording; and,
3. Improve relevancy, through updates that incorporate current terms and procedures.
ZCA 07-02/LCPA 07-03 - MISCELLANEOUS ZONE CODE AMENDMENTS
JUNE 2, 2010
PAGE 2
The recommended amendments can be broadly summarized as follows:
A. Regulatory Consistency:
Amendments proposed under this category will resolve conflicting requirements (1) internally
within the Zoning Ordinance, (2) between the Zoning Ordinance and the General Plan, and (3)
between the Zoning Ordinance and California Government Code.
B. Typographical and other minor errors:
Amendments proposed in this category will resolve typographical errors such as omissions,
incorrect terminology, incorrect references and incorrect California Government Code citations.
C. Clarity and code usability:
Amendments proposed under this category are intended to clarify portions or requirements of the
code that are unclear, resolve redundancies and to generally make the Zoning Ordinance more
readable and usable. This will aid individuals as they review and interpret the code.
Amendments in this category propose to rewrite unclear code sections, delete repetitive code
sections, more clearly state code requirements, and more logically locate information.
D. Amendments related to the Entertainment Ordinance:
The Entertainment Ordinance in Chapter 8.09 of the Carlsbad Municipal Code (CMC) specifies
operational and licensing requirements for any use meeting the definition of an "entertainment
establishment". This amendment proposes to ensure that the Zoning Ordinance is consistent
with CMC Chapter 8.09 by adding a note in all zones that refers to CMC Chapter 8.09 for
additional requirements applicable to "entertainment establishments".
E. Other miscellaneous changes:
1. Revisions to the definition of "family" are proposed for consistency with State law and to
implement Housing Element Program 3.11.
2. Changes are proposed to the materials required for development applications for Second
Dwelling Units.
3. Amend the provisions for Incidental Outdoor Dining Areas, as follows:
a. Clarify the definition for "Incidental Outdoor Dining Areas" and rename it "Outdoor
Dining (incidental)."
b. Ensure that the use is listed as a permitted "accessory" use in the use tables of each zone
where the use is permitted.
c. Provide an exemption from parking requirements for incidental outdoor dining (i.e. 400
square feet or less) within the Commercial Visitor Overlay Zone.
4. Modifications are proposed to the approval process for Child Daycare Centers in the
Community Facilities Zone.
ZCA 07-02/LCPA 07-03 - MISCELLANEOUS ZONE CODE AMENDMENTS
JUNE 2, 2010
PAGE 3
5. Add new provisions for the Planning Director to (a) determine the appropriate parking
standard for uses not specified in the code, and (b) modify a parking standard based on a
parking study.
6. Changes are proposed to the requirements for appeals.
IV. ANALYSIS
For a specific description of each proposed amendment and its associated analysis, please see the
analysis table (Attachment 3) and the strike-out and underline version of the amendments
(Attachment 4).
A. General Plan, Zoning Ordinance and Local Coastal Program Consistency
The proposed amendments are minor and primarily procedural in nature. No substantive
changes to development standards, policies or programs are proposed. An integral component of
any Zoning Ordinance amendment is a requirement to find that the proposed amendments are
internally consistent with the procedures and standards of the rest of the existing Zoning
Ordinance that is not proposed for amendment as well as consistent with the General Plan and
Local Coastal Program. Staff has analyzed the proposed amendments and finds that the
amendments are internally consistent with the other provisions of the Zoning Ordinance not
being amended, and that the proposed amendments do not create any conflicts with the
provisions of the General Plan or Local Coastal Program.
V. ENVIRONMENTAL REVIEW
The proposed amendments are exempt from environmental review pursuant to CEQA Section
15061(b)(3), which exempts projects "where it can be seen with certainty that there is no
possibility that the activity in question may have a significant effect on the environment." The
changes proposed by this project are primarily procedural in nature, are not substantial and will
not significantly affect the existing development standards in the Zoning Ordinance; therefore,
the project will not result in a significant effect on the environment. A Notice of Exemption will
be filed.
ATTACHMENTS:
1. Planning Commission Resolution No. 6696 (ZCA)
2. Planning Commission Resolution No. 6697 (LCPA)
3. Analysis table for proposed Zoning Ordinance text amendments
4. Strike-out and underline version of the proposed Zoning Ordinance text amendments
ATTACHMENT 3
ZONE CODE AMENDMENT (ZCA 07-02/LCPA 07-03) ANALYSIS
Table A
Summary of Amendments to the text of the Zoning Ordinance
Ref.#Proposed Amendment Discussion/Analysis Code
Section(s)
Zone/
Chapter
1.Modify the existing definition of a "Family" for
consistency with State law.
Through the review of the new Housing Element, the
State commented that possible interpretations of the
existing definition could be considered discriminatory
due to the use of the following terms: "reasonable
number of persons" and "bona fide housekeeping
unit". This amendment will bring the City's definition
of "Family" into conformance with State law and also
will implement Housing Element Program 3.11.
21.04.145 Definitions
2.Amend the definition of Incidental Outdoor
Dining:
a. Delete Sec. 21.04.188.1 and add
new Sec. 21.04.290.1 to rename
"Incidental Outdoor Dining Areas" to
"Outdoor Dining (incidental)".
b. Remove development standards and
location criteria from the definition for
incidental outdoor eating areas.
a. This use is referred to as "Outdoor Dining
(incidental)" elsewhere in the code and this
amendment will ensure the definition is
consistent with that terminology.
b. The development standards and location
criteria listed in the definition are redundant
with Sec. 21.26.013 (regulations for Outdoor
Dining (Incidental). Standards and other
development criteria generally should not be
located in the Definitions Chapter of the
Zoning Code. This amendment will clarify the
definition and make it easier to read.
21.04.188.1
21.04.290.1
21.26.013
Definitions
C-1
ATTACHMENT 3
Ref. #Proposed Amendment Discussion/Analysis Code
Section(s)
Zone/
Chapter
3.Modify the provision for "combination
zoning" to ensure consistency with the
General Plan:
a. Specify that the intent of combination
zoning is to implement the General
Plan "combination district"
b. Delete all criteria for combination
zoning that is inconsistent with the
General Plan criteria for combination
districts
c. Specify that development of property
with combination zoning of more than
25 acres requires a specific plan and
less than 25 acres requires a site
development plan.
a. The intent of combination zoning is to
implement the General Plan provision for
combination districts (Land Use Element,
Section II.C.11). This amendment will clarify
that.
b. The existing criteria required to establish
combination zoning does not clearly reflect
the intent of the combination district in the
General Plan, which is to apply to property
that is in the early planning phase and
subsequent planning will be necessary to
define the boundaries of the appropriate land
use designations. This amendment will
ensure the use of combination zoning is
consistent with the General Plan.
c. To define the appropriate land uses and
boundaries of a site with a "combination
district", the General Plan requires a specific
plan (for 25 or more acres) or a site
development plan (for less than 25 acres).
This amendment will ensure consistency with
the General Plan.
21.05.090
Zone
Establish-
ment
Boundaries
4. Delete any parking standards located in
zone chapters, and relocate them to the
Parking chapter (if they are not already
specified in the Parking chapter) (see Ref.
#30).
This ensures parking standards used in the code are
centrally located in the Parking chapter.
21.07.120
21.08.100
21.09.190
21.10.120
21.21.140
21.27.050
21.37.100
E-A
R-A
R-E
R-1
H-0
O
RMHP
ATTACHMENT 3
Ref. #Proposed Amendment Discussion/Analysis Code
Section(s)
Zone/
Chapter
5. Add Residential Care Facilities (serving six
or fewer persons) to the use tables for all
residential zones.
Residential care facilities serving six or fewer
persons are defined as a "family" for purposes of
zoning regulation relating to residential use (per the
definition of "family" [Section 21.04.145] and State
law). Residential dwellings (i.e. one-family, two-
family, and multiple-family) are defined as buildings
for the occupancy by a family or families. Therefore,
residential care facilities serving six or fewer persons
(i.e. a "family") must be permitted in any zone where
residential dwellings are permitted. Although the use
is not currently listed in the use tables, the city
interprets that such facilities are permitted in any
zone where residential dwellings are permitted
because such facilities are considered a "family" by
definition. This amendment clarifies that the uses is
permitted is all residential zones.
21.08.020
21.09.020
21.10.020
21.12.020
21.16.020
21.22.020
21.24.020
R-A
R-E
R-1
R-2
R-3
R-W
RD-M
6. For second dwelling units, replace the
requirement for an "affidavit" with a "notice of
restriction".
A notice of restriction strengthens the requirement
that second dwelling units be affordable to potential
future lower income renters, as the notice of
restriction is recorded against the property and will
include successors in interest.
21.10.030 R-1
7. Clarify that the rental rate for second
dwelling units cannot exceed the "allowable
housing expense" of a low income
household as defined in Chap. 21.85.
This amendment proposes to clarify existing
language, which currently implies rent cannot exceed
the whole income of a low income household. In
practice, the rent should not exceed the "allowable
housing expense" (i.e. the portion of an income to be
devoted to rent), as defined in Chap. 21.85.
21.10.030 R-1
8. Specify that second units which are built to
satisfy inclusionary requirements are subject
to Chap. 21.85 and its specific income
restrictions.
This is the current practice of the city, and this
amendment proposes to more clearly outline this
requirement and link the standards in Section
21.10.030 with Chap. 21.85.
21.10.030
The City is not responsible for the implementation or
interpretation of CC&Rs.
R-1
9. Delete the requirement that applicant show
evidence that a proposed second dwelling
unit is consistent with any applicable
CC&Rs.
21.10.030 R-1
ATTACHMENT 3
Ref. #Proposed Amendment Discussion/Analysis Code
Section(s)
Zone/
Chapter
10.Delete the requirement that restricts second
dwelling units to lots which meet the
minimum lot size required in the zone (See
existing Sub-section 21.10.030.E.14).
This requirement prevents a substandard lot from
developing with a single family residence and a
second dwelling unit. This requirement should be
deleted because it conflicts with the recently updated
Nonconforming Ordinance, which states a
substandard lot can develop consistent with the
General Plan and Zoning. Therefore, as long as the
second dwelling unit can meet all the development
standards of the zone, it would be allowed to develop
on a substandard lot according to the new
Nonconforming Ordinance.
21.10.030 R-1
11.Relocate the requirements (a), (b) and (c)
currently listed under Sub-section
21.10.030.D.7 (part of application
requirements for a second dwelling unit) to
Sub-section 21.10.030.E.(requirements for
second dwelling units)
The requirements in 21.10.030.D.7 (a), (b), and (c)
are standards that second units must comply with
rather than items to include with an application to
build a second unit. The amendment proposes to
locate these requirements in new Sub-section
21.10.030.E. 15 to improve the usability of this code
section.
21.10.030 R-1
12.In the R-3 zone, delete the reference to the
zoning map for the minimum lot size.
For some R-3 zoned sites, the zoning map (in years
past) specified a different minimum lot area than
what the code specifies (7,500 square feet); for
example, "R-3-10,000" indicated a 10,000 square
foot minimum lot size. However, the zoning map no
longer specifies the minimum lot size for R-3 zoned
sites. This amendment will ensure consistency
between the code and the zoning map.
21.16.070 R-3
13.In the R-3 zone, delete the minimum lot
width of fifty feet for lots 6,000 square feet or
less.
Lots less than 7,500 square feet are no longer
permitted in the R-3 zone; unless created and
developed pursuant to a Planned Development
Permit, in which case the Planned Development lot
width standards will apply.
21.16.080 R-3
ATTACHMENT 3
Ref.#Proposed Amendment Discussion/Analysis Code
Section(s)
Zone/
Chapter
14. In the RD-M zone, replace the requirement
for a specific plan with the requirement for a
"site plan" for approval of a zero foot side
yard setback; and required the recordation
of an easement or other agreement to
provide access on the adjoining lot for
maintenance.
The RD-M zone (and the requirement for a "specific
plan" to approve a zero foot side yard setback) was
created in 1970; at which time, the term "specific
plan" was used in the code generally to mean "site
plan" (a plan showing the location of property lines,
buildings, etc.). Today, a "specific plan" is subject to
State law and is a plan that establishes development
regulations applicable to a specific area in the city.
The requirement of a "site plan" is more appropriate
to approve setbacks on a particular lot, and is more
consistent with the original intent.
To allow for maintenance on the zero-foot side of the
house, the proposed easement requirement will
ensure access is granted on the adjoining lot.
21.24.050 RD-M
15. In the C-F zone use table, delete "Biological
habitat preserve..." as a conditionally
permitted use.
Biological habitat preserves were added, among
other zones, to the C-F zone as a conditionally
permitted use in the 2004 amendment to the
Conditional Use Permits Chapter. However, it was
never intended to be allowed in the C-F zone. The
use is inconsistent with intent and purpose of the C-F
zone, which is to allow uses that satisfy social,
religious or human service needs. Furthermore,
deleting it from the use table would not preclude its
occurrence, as any project which would develop in
the zone must comply with the Habitat Management
Plan and other regulations which require
preservation of sensitive habitat.
21.25.040 C-F
16. In the C-F zone use table, change Child day
care "facility" to Child day care "center" and
add references to the Child Care and
Definitions chapters.
This amendment ensures that the terminology used
in the C-F zone, related to child care centers, is
consistent with the terminology used throughout the
code. In addition, the reference to the Child Care
chapter will ensure that child care centers in the C-F
zone are developed consistent with the development
standards required for such facilities.
21.25.040 C-F
ATTACHMENT 3
Ref. #Proposed Amendment Discussion/Analysis Code
Section(s)
Zone/
Chapter
17. Modify the use table in the C-F zone to
clarify that "office area" is permitted as an
accessory use.
In the C-F Zone, the use table indicates that "office
area" is "permitted" (by the "X" marked in the "P"
column), and references a footnote that says office
area must be ancillary to the main use. To clarify
that office area is only permitted as an ancillary use,
this amendment will modify the use table by moving
the "X" in the "office area" row from the "P"
(permitted) column to "Ace" (permitted as accessory
use) column.
21.25.040 C-F
18. In the C-F zone, for child day care centers,
replace the requirement for a Site
Development Plan (SDP) with an
administrative permit, pursuant to Chap.
21.83 (Child Care regulations).
In all zones (except the C-F zone and industrial
zones), child day care centers are subject an
administrative permit pursuant to Chapter 21.83
(Child Care regulations). The C-F Zone is the only
zone that requires a SDP, which is subject to
Planning Commission approval (a conditional use
permit is required for child day care centers in the
industrial zones, due to potential health and safety
issues).
However, child day care centers are community
serving uses and well suited to the C-F Zone, and
should not be subject to any more restrictive process
than required in other zones (except industrial
zones). This amendment will ensure a more
consistent permitting process for child day care
centers.
21.25.040 C-F
19. In the C-F, C-1, and C-2 zones, delete
repetitive table footnotes.
The following use table footnotes are redundant
because they are also specified in the "Limitations on
permitted uses" sections of their respective chapters:
- Note 3 in 21.25.040 (C-F zone)
- Former Note 1 and Notes 2 and 3 in 21.26.010 (C-1
zone)
- Former Note 1 and Notes 2 and 3 in 21.28.010 (C-2
zone)
21.25.040
21.26.010
21.28.010
C-F
C-1
C-2
ATTACHMENT 3
Ref. #
20.
21.
Proposed Amendment
Add "outdoor dining (incidental)" to the
Permitted Uses tables of all zones where the
use is currently permitted, and delete the
separate code sections which states the use
is permitted in these zones.
In all zones, add a footnote to each use
table that indicates any use that is defined
as an "entertainment establishment" (per
Municipal Code Chapter 8.09) shall be
subject to the requirements of CMC 8.09
(Entertainment Ordinance).
Discussion/Analysis
The "Permitted Uses" tables are intended to indicate
all of the uses allowed in each zone. However,
currently, incidental outdoor dining is specified as a
permitted use in a separate section (apart from the
use table of each zone). This amendment will
improve consistency and clarity in regard to what
uses are permitted in each zone.
The new footnote ensures that the Zoning Ordinance
is consistent with the City's Entertainment Ordinance
(CMC Chapter 8.09).
Code\S\J VIC
Section(s)
21.26.010
21.27.020
21.28.010
21.30.010
21.32.010
21.34.020
21.07.020
21.08.020
21.09.020
21.10.020
21.12.020
21.16.020
21.18.020
21,20.010
21.22.020
21.24.020
21.25.040
21.26.010
21.27.020
21.28.010
21.30.010
21.31.030
21.32.010
21.33.020
21.34.020
21.36.020
21.37.020
Zone/
Chapter
C-1
o
C-2
C-M
M
P-M
E-A
R-A
R-E
R-1
R-2
R-3
R-P
R-T
R-W
RD-M
C-F
C-1
O
C-2
C-M
C-L
M
O-S
P-M
P-U
RMHP
ATTACHMENT 3
Ref. #Proposed Amendment Discussion/Analysis Code
Section(s)
Zone/
Chapter
22.In the C-1 zone, modify the administrative
permit requirements for incidental outdoor
dining:
a. Delete references to zones which
allow Outdoor Dining (Incidental).
b. Delete the statement that indicates
incidental outdoor dining is not
permitted in the coastal zone west of
the railroad if the restaurant does not
provide the required parking for their
existing indoor seating areas.
Add development standards for
incidental outdoor dining areas to
Sec. 21.26.013, which were deleted
from the definition for Outdoor Dining
(Incidental). See Ref. #3.
a. As described above (Ref. #19), Outdoor
Dining (Incidental) is proposed to be added to
the use tables for each zone where it is
allowed. The current language in 21.26.013
is repetitive and should be deleted.
b. This sentence is redundant with the recently
updated Nonconforming Ordinance and
should be deleted. Any existing use or
structure that currently does not provide
adequate parking per Chap. 21.44, the
Nonconforming Ordinance prohibits any
expansion that would increase the
nonconformity (i.e., in this case, add
additional parking demand to an under-
parked restaurant). The nonconforming
regulations apply citywide; and therefore, it is
not necessary to specify the same restriction
to only a portion of the city.
c. Standards and other development criteria
generally should not be located in the
Definitions Chapter of the Zoning Code. This
amendment will relocate the standards from
the definition of incidental outdoor dining to
the appropriate section in the C-1 zone
chapter that specifies regulations for the use.
21.26.013 C-1
23. In the Office zone, add "Child Day Care
Centers" to the use table and delete the
separate code section that provides for the
use in this zone.
The "Permitted Uses" tables are intended to indicate
all of the uses allowed in each zone. However,
currently in the Office zone, child day care centers
are specified as a permitted use in a separate
section (apart from the use table). This amendment
will improve consistency and clarity in regard to what
uses are permitted in the zone.
21.27.020
ATTACHMENT 3
Ref. #Proposed Amendment Discussion/Analysis Code
Section(s)
Zone/
Chapter
24. Delete the sign requirements specified in the
Office zone and replace them with a
reference to the sign requirements specified
in the Sign Chapter (21.41).
The sign requirements specified in the Office zone
are repetitive with Chap. 21.41 (Signs). This
amendment proposes to replace the repetitive
portions with a reference to Chap. 21.41.
21.27.050
25. In the C-L zone, amend the use table
footnotes to no longer reference "schools"
Existing use table footnote #2 states that
"educational facilities, other" and "schools" shall not
occupy more than 10,000 square feet in a shopping
center. "Schools" are not permitted in the C-L zone.
Deleting "schools" from the footnote provides better
consistency.
21.31.030 C-L
26. In the C-L zone, clarify use table footnote #4
(proposed to be renumbered as #5).
The existing language is unclear and the amendment
proposes to clarify the footnote.21.31.030 C-L
27. In the M zone, integrate footnote 1 into the
use table to clarify that any use permitted in
the C-M zone is permitted in the M zone.
The Permitted Uses table for the M zone currently
has a footnote (1) that specifies any use permitted in
the C-M zone is permitted in the M zone, with the
exception of child day care. As a footnote, the
information is less apparent than if it was stated
within the use table. This amendment will relocate
the information to improve clarity.
21.32.010 M
28. In the P-U zone, separate the various uses
listed under "agriculture" into individual rows
in the use table.
The amendment will increase the clarity of the use
table.21.36.020 P-U
29. In the P-U zone, delete the section in the
use table that allows the Planning
Commission or City Council to determine if a
use not specified is similar to a use listed in
the use table. Also delete the associated
table footnote.
The section to be deleted conflicts with P-U Zone
Section 21.36.020.C< which currently allows the
Planning Director to determine if a use not specified
is similar to a permitted use listed in the use table,
and thereby would be allowed in the zone (which is
the case in all other zones, as well).
21.36.020 P-U
ATTACHMENT 3
Ref. #Proposed Amendment Discussion/Analysis Code
Section(s)
Zone/
Chapter
30. Delete redundant provisions of the P-C
zone.
In the "general provisions" section of the P-C zone
(21.38.030), subsection (b) requires all land in a
proposed planned community to be under unified
control (written agreement by all owners). This is
redundant with 21.38.050, which requires all property
owners to sign an application for approval of a
master plan (the signed application constitutes the
written agreement (unified control) of all owners).
Subsection 21.38.030(c) states that if the land is
transferred, the new owner must comply with the
approved master plan. This is redundant with the
City's current practice of recording a notice of
restriction against the property for all permits
approved. The notice of restriction binds all
successors in interest to the requirements of the
master plan.
21.38.030 P-C
31. Add parking standards that were deleted
from the zone chapters (see Ref. #4) to the
Parking Chapter (21.44) if they are not
already listed there.
Ensures parking standards used in the code are
centrally located in the Parking chapter.
21.44.020 Parking
32. Add a parking standard for "Educational
facilities, other", and delete "Vocational
schools" from the listing under "Schools".
Vocational schools meet the definition of
"Educational facilities, other", which are educational
facilities that are not subject to the California
Education Code (i.e. "schools"). The proposed
parking standard for "educational facilities, other" is 1
space/200 sf., which is consistent with the parking
standard in the Village Master Plan and Design
Manual.
21.44.020 Parking
33. Change the term "village redevelopment" to
"village review" in reference to the parking
required for "Financial Institutions and
Professional Offices" in the Village Review
zone.
This amendment changes terminology related to the
expiration of the Village Redevelopment Plan. The
title of the zoning district applicable to Village area of
town has been changed from Village Redevelopment
Zone to Village Review Zone.
21.44.020
21.83.040
Parking
Child Care
10
ATTACHMENT 3
Ref. #Proposed Amendment Discussion/Analysis Code
Section(s)
Zone/
Chapter
34. Add a parking standard for "Personal and
Professional Services" and associated table
footnote 3.
The code currently does not contain a parking
standard for general commercial type uses. Staff
proposes to use the "general commercial" parking
standard from Village Master Plan and Design
Manual, but suggests using the name "Personal and
Professional Services", which is more descriptive of
the use.
21.44.020 Parking
35. For uses which do not have a parking
requirement specified in 21.44, this
amendment will specify that the Planning
Director may determine the parking
requirements for such use, based on the
most comparable use or a parking study.
Currently, the Planning Commission has the
authority to determine which parking requirement to
apply to uses that the code does not specify a
parking requirement for. This amendment proposes
to transfer that authority to the Planning Director, and
add a requirement that a parking study be submitted
as a means of determining the appropriate parking
standard. This is similar to the Planning Director's
existing authority to determine whether or not a use,
which is not specified as a permitted use, may be
permitted because it is similar to a use permitted in
the zone.
21.44.030 Parking
36. Specify that the Planning Director may waive
or modify parking standards:
a. For electrical power uses and utility uses
with a minimal number of employees;
and
b. When evidence, such as a parking study,
demonstrates that adequate parking will
be provided and the modification will not
adversely affect the neighborhood or the
site design and circulation.
Currently, the Planning Commission has the
authority to modify parking standards for electrical
power and utility uses. This amendment will transfer
the authority to the Planning Director, and will add a
new provision for the Planning Director to modify
standards for other uses if a parking study or other
evidence demonstrates the modification will not
result in an adverse impact. The requirement for a
parking study or other evidence ensures that the
Planning Director will have sufficient information to
make a determination; and the ability to modify
parking standards provides flexibility in site design,
which is especially beneficial to infill and other
constrained sites that have limited area to develop.
21.44.040 Parking
11
ATTACHMENT 3
Ref. #Proposed Amendment Discussion/Analysis Code
Section(s)
Zone/
Chapter
37. In the "Yards" chapter, delete the last
sentence of Section 21.46.130, which
requires the Planning Commission to
approve a fence or wall in excess of six feet
in height in an "R" zone for "special uses" or
under "special circumstances".
This section should be deleted because it conflicts
with section 21.52.020, which gives the Planning
Director authority to approve a fence or wall in
excess of six feet through an administrative variance
process, which includes findings that will provide for
"special circumstances".
21.46.130 Yards
38. In Section 21.47.020 (Nonresidential
Planned Development Permit), change the
reference to state Civil Code "Section 1350"
to "Section 1351".
The amendment will fix a typographical error that
contains an incorrect Civil Code citation.
21.47.020
Nonres.
Planned
Dev.
39. Delete the requirement for the Planning
Director to provide a monthly report to the
City Council on all nonresidential planned
development permits issued by the planning
director.
This is not. the practice of the City and the
requirement should be deleted.
21.47.110
Nonres.
Planned
Dev.
40. Clarify that the Planning Commission is not
required to hold a "noticed" public hearing
for minor amendments to nonresidential
planned development projects.
Section 21.47.130(a)(2) currently indicates that a
"public hearing" is not required for the Planning
Commission to approve a minor amendment to a
nonresidential planned development project.
However, for the Commission to consider and act on
a minor amendment they must do so at a Planning
Commission meeting (a public hearing); the
distinction is that they do not need to hold a "noticed"
public hearing for the amendment. The amendment
will clarify this by indicating a "noticed" public hearing
is not required.
21.47.130
Nonres.
Planned
Dev.
41. In the requirements for amendments to
nonresidential planned developments,
change the reference to "densities" of the
project to "intensity" of the project.
The term "density" typically applies to residential
development. For nonresidential development the
term "intensity" is more commonly used when
referring to the project.
21.47.130
Nonres.
Planned
Dev.
12
ATTACHMENT 3
Ref.tf Proposed Amendment Discussion/Analysis Code
Section(s)
Zone/
Chapter
42. Delete redundant Section 21.47.170, which
prevents an applicant from reapplying for a
nonresidential planned development permit
within one year of having an application for a
similar nonresidential planned development
permit denied for the same property.
This section is redundant with Section 21.54.130,
which prevents reapplying for any type of permit
within one year after having a similar permit denied.
21.47.170
Nonres.
Planned
Dev.
43. In Section 21.50.010 (Variances - Granting
authority), delete the language that indicates
the Planning Commission can grant a
variance "as an administrative act".
Section 21.50.010 indicates the Planning
Commission has the authority to approve variances,
"as an administrative act." However, Chapter 21.54
requires the Planning Commission to hold a public
hearing and make findings prior to granting a
variance, which constitutes a discretionary act. The
words, "as an administrative act" should be deleted.
21.50.010 Variances
44. Reformat Chapter 21.52 (requirements for
processing amendments to the Zoning
Ordinance, General Plan, and LCP).
This amendment proposes to change the structure
and wording in order to make the format of the
chapter consistent with others in the code, as well as
make it easier to read and implement. No changes
are proposed for the code except for those listed
below (See Ref #s 44 - 46).
21.52 Amend-
ments
45. Clarify that the City Council has the final
authority to approve or deny amendments to
the General Plan, Zoning Ordinance, and
LCP.
Section 21.52.050 currently indicates that the
Planning Commission shall recommend adoption of
an amendment to the City Council, or shall deny the
application. California Government Code Section
65354, which mandates that the Planning
Commission can only make recommendations for
final action to the City Council (for approval or denial)
for general plan and zoning amendments. This
amendment will ensure consistency with state law.
21.52.050 Amend-
ments
13
ATTACHMENT 3
Ref. #
46.
Proposed Amendment
Revise the provisions for amendments that
are referred back from the City Council to
Planning Commission, as follows:
a. Clarify that the referral provisions
apply to all legislative actions
b. Indicate that a referral back from City
Council to Planning Commission
should occur when there is a
"substantial" modification that was
not considered by the Planning
Commission.
c. Change the timeframe for Planning
Commission reports on referrals from
40 days to 45 days "or within the time
set by the city council".
Discussion/Analysis
a. The amendment clarifies that referral
provisions apply to all legislative actions
(General Plan amendments, Local Coastal
Program amendments and Zoning
amendments) and proposes that they follow
the same procedure.
b. Section 21 .52.050 currently states that after
the Planning Commission has made its
recommendation on an amendment to the
City Council, any "modification" the Council
decides to make to the amendment must be
referred back to the Planning Commission for
consideration. Government Code Section
65356 states that if the Council proposes a
"substantial modification" to a General Plan
amendment, then the amendment shall be
referred back to the Planning Commission.
This amendment will add the term
"substantial" in reference to modifications to
amendments that are referred back to the
Planning Commission, consistent with
Government Code Section 65356.
c. If the amendment referral requires a public
hearing by the Planning Commission, the
current 40 day timeframe may not be long
enough to accomplish this and should be
amended to allow additional time for the
Planning Commission's consideration. The
Government Code indicates the Planning
Commission must report back to the City
Council within 40 days (Zoning amendments)
or 45 days (General Plan amendments), or a
longer timeframe specified by the City
Council. The proposed amendment is
consistent with the Government Code.
Code
Sectfon(s)
21 52 050£. 1 ,\J^. \J\J\J
Zone/
Chapter
Amend-
ments
14
ATTACHMENT 3
Ref. #Proposed Amendment Discussion/Analysis Code
Section(s)
Zone/
Chapter
47. Delete Section 21.52.140 (Review of zone
changes).
This section requires the Planning Commission to
review zone changes one year after they have been
granted, and if the new zone has not been "utilized"
then the Planning Commission can consider whether
the zone should revert back to the original zone or
change to a different zone. This is not consistent
with the process of designating zones or processing
amendments to zones. Zoning is intended to
implement the General Plan; a zone cannot be
changed without ensuring consistency with the
General Plan. The land use and zoning designations
applied to a property should be based on what is
most appropriate for that area, not on whether or not
the zone has been "utilized". The Planning
Commission currently does not review zone changes
annually, and deleting this section will ensure
consistency with the current practice of processing
zone changes.
21.52.140 Amend-
ments
48. Delete the section which specifies that the
Planning Commission may approve
temporary real estate signs for new
subdivisions.
This section should be deleted because it conflicts
with an existing provision in the Sign ordinance
(21.41.095—Table C), which allows for signage on
"real property which is for rent, sale, or lease—all
zones," through the issuance of a typical sign permit.
21.53.100 Uses
Generally
15
ATTACHMENT 3
Ref. #Proposed Amendment Discussion/Analysis Code
Section(s)
Zone/
Chapter
49. Amend Section 21.53.150 to clarify that the
Planning Director shall "modify or waive"
standards applicable to satellite television
antennas.
Federal law preempts local land use law for satellite
antennas (i.e. local laws shall riot be imposed on
satellite antennas if those laws would prevent the
installation of an antenna or impose unreasonable
costs). Section 21.53.150 (Satellite television
antenna - Variance to standards) complies with
Federal law by requiring the Planning Director to
grant a variance to the satellite antenna standards if
they prevent the installation or impose unreasonable
costs. The "variance" in this section is intended to
mean a waiver or modification of standards;
however, the term "variance" is typically interpreted
as meaning the formal Variance process required by
Chapter 21.50, which is not the appropriate process
to modify standards in this case (because the City is
preempted by Federal law). Therefore, this
amendment will replace the term "variance" with
"modify or waive".
21.53.150 Uses
Generally
50. In the Procedures, Hearings, Notices and
Fees chapter, change the term "secretary of
the planning commission" to "planning
director".
The planning director is the secretary of the planning
commission, and the amendment proposes to clarify
this outdated language.21.54.064
21.54.140
Procedures
Hearings
Notices &
Fees
16
ATTACHMENT 3
Ref. #Proposed Amendment Discussion/Analysis Code
Section(s)
Zone/
Chapter
51.Clarify the provisions for appealing Planning
Director and Planning Commission
decisions:
a. Specify that the grounds for appeals
are limited to an abuse of discretion
by the decision maker, or that there
wasn't a fair and impartial hearing
(Planning Commission).
b. Specify that the appeal hearing is de
novo but at the appeal hearing, the
decision maker can only consider the
evidence considered in the original
decision being appealed.
This amendment places the burden of proof
on the appellant to demonstrate that there
was an abuse of discretion by the decision
maker, which gives greater deference to the
original decision as the basis for an appeal.
b. The proposed language will clarify that
appeal hearings are de novo (i.e. the higher
body may overturn the decision of a lower
body), and will clarify what information can be
considered in the decision on an appeal (only
the information considered by the original
decision maker) - no new information can be
introduced in an appeal hearing.
21.54.140
21.54.150
Procedures
Hearings
Notices &
Fees
52.In Chapter 21.55 (Dedication of Land and
Fees for School Facilities), correct/clarify
references to the California Government
Code.
Section 21.55.020 indicates that the chapter is
adopted pursuant to Section 65970 of the California
Government Code; Section 65970 is incorrect; the
correct citation is Section 66478.
21.55.020
Dedication
of land for
School
Facilities
53.In Chapter 21.58, establish/clarify the
process to remedy violations of conditions of
approval, and to revoke permits.
The proposed new code section (21.58.010) will
establish a requirement for the City to issue a Notice
of Violation when a property owner or permittee has
not complied with the conditions of approval of their
permit, which will assist the City in remedying
violations of conditions of approval.
In addition, the existing provisions for revoking
permits are proposed to be clarified.
21.58.010
21.58.020
Revocation
-Expiration
17
ATTACHMENT 3
Ref. #Proposed Amendment Discussion/Analysis Code
Section(s)
Zone/
Chapter
54. In Chapter 21.62 (Violations), add a section
that indicates the city right to enforce any
remedy for violations in accordance with
Chapters 1.08 and 1.10 of the Carlsbad
Municipal Code, including but not limited to
recording a notice of violation.
This new section indicates the City's right to remedy
violations.
21.62.020 Violations
55. Clarify the provisions of Section 21.83.040
(Child Care Use Chart), and add the C-F
zone to the list of zones in the use chart
which allow child daycare centers.
The C-F zone (Chapter 21.25) lists child daycare
centers as a permitted use; however the C-F zone
was inadvertently omitted from the use chart in the
Child Care chapter (21.83) and should be added.
In addition, minor amendments to the wording of this
section are proposed to provide better clarity.
21.83.040 Child Care
56. In the Child Care Use Chart (footnote #1),
delete the minimum lot size specified for
large family day care homes.
State law specifies that large family day care homes
are permitted in any single family dwelling. To be
consistent with State law, the City must allow such
uses in any single family dwelling, regardless of lot
size. The Child Care regulations currently require
that large family day care be conducted within single
family dwellings located on lots of 7,500 sf. or more;
this minimum lot size requirement should be deleted
for consistency with State law.
21.83.040 Child Care
57. In the Senior Housing regulations, clarify
that the site development plan findings (in
Chapter 21.06) do not apply to senior
housing projects.
Section 21.84.080 (application process for senior
housing projects) requires a site development plan
processed pursuant to Chapter 21.06 (Q-Overlay
zone, which specifies the process for approving a
SDP); however, 21.84.080 states that the findings of
21.06 (specifically findings: 1, 2, 3, and 4) are not
applicable to senior housing projects. After the
senior housing ordinance was adopted, a fifth finding
was added to Chapter 21.06 for site development
plans, which applies to the development of shopping
centers. To clarify that this fifth finding is not
applicable to senior housing, Section 21.84.080 is
proposed to be amended to clarify all findings in
21.06 are not applicable to senior housing.
21.84.080
Housing for
Senior
Citizens
18
ATTACHMENT 3
Ref. #Proposed Amendment Discussion/Analysis Code
Section(s)
Zone/
Chapter
58. In the occupancy requirements for senior
housing, correct a typo to clarify that "more"
than, but not less than 80%, of all dwellings
must be occupied by a qualifying resident.
This amendment corrects a typographical error; the
current text reads "...may result in less than, but not
less than 80%..." the correct language should read
"...may result in more than, but not less than 80%..."
21.84.100
Housing for
Senior
Citizens
59. In the Density Bonus chapter (21.86),
change the title of Section 21.86.150 from
"Seperability of provisions" to "Severability".
"Severability" is a more appropriate term for this
section, and is consistent with other chapters of the
code.21.86.150 Density
Bonus
60. In the Hillside Development regulations
(Chapter 21.95), clarify that if a project is
exempt from the Hillside Development
Permit requirements, but does not comply
with the standards in 21.95, then a Hillside
Development Permit is required in order to
obtain an exclusion or modification to the
standards.
The purpose of this amendment is to clearly state
when a Hillside Development Permit is required.
The existing language is unclear regarding projects
that normally would be exempt but are required to
obtain a permit because they do not comply with the
standards in 21.95.
21.95.040 Hillside
Dev.
61. In the requirements for recycling collection
and processing facilities, change the
reference to the conditional use permit
requirements from Chapter "21.50" to
"21.42".
This amendment corrects a typographical error.
21.105.030
21.105.040
Recycling
Facilities
62. In the Floodplain Management Regulations,
add findings to be made when approving a
floodplain special use permit. Relocate the
"Findings of fact" statements made for the
establishment of the floodplain regulations
into the "Statement of purpose" section of
the chapter.
This amendment proposes to clarify existing findings,
and add other standard findings made by the
Planning Commission when approving a floodplain
special use permit. The other proposed changes are
to clarify related code sections.
21.110.020
21.110.030
21.110.135
Floodplain
Mngt.
63. Specify that the Planning Commission is the
floodplain administrator, and that they may
approve floodplain special use permits upon
the advice of the city engineer.
The "floodplain administrator" role is not clearly
defined in the existing code. The Planning
Commission is the floodplain administrator per City
Council Agenda Bill 9670, and the language
proposed intends to clarify who is the "floodplain
administrator", and what their authority is.
21.110.130
21.110.140
21.110.150
Floodplain
Mngt.
19
ATTACHMENT 3
Ref. #Proposed Amendment Discussion/Analysis Code
Section(s)
Zone/
Chapter
64. In the requirements for minor coastal permits
for second dwelling units (Section
21.201.085), clarify the reference to the
second dwelling unit standards located in
Chapter 21.10.
This amendment corrects a typographical error to
reference the correct code section for second
dwelling unit standards (21.10.030), and clarifies that
second dwelling units constructed in the Coastal
Zone must also be in conformance with the
development standards in 21.10.030.
21.201.085
Coastal
Dev.
Permit
Procedures
65. Delete the timeframes required for submittal
and approval of extensions to coastal
development permits.
Currently, the code requires an application for an
extension to coastal development permit to be
submitted not more than 90 days or less than 45
days prior to CDP expiration; the code also requires
that a final decision on the application be made no
more than 45 days after the expiration. State law
does not require these timeframes, and they conflict
with other permit extension timeframes. Typically, all
permits associated with a single project are extended
at the same time. This amendment modifies the
timeframes to require an extension application be
submitted "prior" to the expiration of the permit, and if
the extension application was "timely filed", an
extension can be granted by the city after the
expiration date; this process is consistent with the
extension process of other permits.
21.201.210
Coastal
Dev.
Permit
Procedures
66. In the Coastal Shoreline Development
Overlay Zone, specify that the applicant is
responsible for submitting documents to the
Coastal Commission for dedication of public
accessways.
According to the Coastal Commission Public Access
Action Plan, it is the responsibility of the applicant to
submit the documents in question to the Coastal
Commission.21.204.080
Coastal
Shoreline
Dev.
Overlay
67. In the Coastal Shoreline Development
Overlay Zone, add language requiring the
applicant to indemnify and hold the City
harmless from any liability.
Applicants cannot waive claims of liability. It is the
City's practice to require applicants to indemnify and
hold the City harmless from liability.21.204.120
Coastal
Shoreline
Dev.
Overlay
20
ATTACHMENT 3
Ref. #Proposed Amendment Discussion/Analysis Code
Section(s)
Zone/
Chapter
68. Amend the Commercial Visitor Overlay Zone
to exclude "outdoor dining (incidental)" from
the parking required for restaurants.
By excluding incidental outdoor dining (400 square
feet maximum) from the parking required for
restaurants, restaurants will be encouraged to
provide outdoor dining, which is a desirable amenity
in coastal southern California.
Currently, in all areas of the city, with the exception
of the Commercial Visitor Serving Overlay Zone
(CVSOZ), outdoor dining areas that do not exceed
400 square feet (incidental) are exempt from the
parking required for restaurants. Within the CVSOZ,
restaurants are subject to a higher parking
requirement than restaurants outside of the CVSOZ;
therefore, additional parking is already required, and
staff recommends that even more parking for
incidental outdoor dining (compared to that required
for restaurants outside the CVSOZ) is not necessary.
The small space permitted for incidental outdoor
dining does not add any significant demand for
parking, and the benefit of providing outdoor dining
should be encouraged.
21.208.020
21.208.060
21.208.100
Comm./
Visitor
Serving
Overlay
69. In Section 21.208.050 (uses permitted by a
conditional use permit in the CVSOZ),
replace the reference to the conditional use
permit requirements in Chap. 21.50 with
reference to Chap. 21.42.
This amendment corrects a typographical error.
21.208.050
Comm./
Visitor
Serving
Overlay
21
ATTACHMENT 4
ZCA 07-02/LCPA 07-03
MISCELLANEOUS ZONE CODE AMENDMENT
STRIKE-OUT/UNDERLINE
.AMENDMENTS TO CHAPTER 21.04
List of Sections in Chapter 21.04]
The list of sections in Chapter 21.04 (Definitions) is proposed to be amended by the deletion of the
reference to 21.04.188.1, and the addition of a reference to Section 21.04.290.1, as follows:
21.01188.1—Incidental outdoor dining aroao.
21.04.290.1 Outdoor Dining (Incidental)
2i.Q4.l4yj
Section 21.04.145 (Definitions, "Family") is proposed to be amended as follows:
21.04.145 Family.
"Family" means one or more persons living together in a dwelling unit, with common access
to, and common use of all living, kitchen, and eating areas within the dwelling unit, a reasonable
number of persons who constitute a bona fide single housekeeping unit. Residents and operators of a
residential care facility serving six or fewer persons shall be considered a family for purposes of any
zoning regulation relating to residential use of such facilities.
I .. 21.04.188:1
Section 21.04.188.1 (Definitions, Incidental outdoor dining areas) is proposed to be deleted (see
21.04.290.1, below, for the replacement definition):
21.01.188.1 Incidental outdoor dining areas.
"Incidental outdoor dining area" means, everywhere except within the redevelopment area
local coastal program segment and except within the commercial/visitor serving overlay zone, a small
extenGion of an indoor restaurant, bona fide eating establishment, or deli which extends outdoors
beyond the walls of the restaurant and which is used exclusively for eating, drinking and pedestrian
circulation therein. Incidental outdoor dining areas shall bo utilized only as extensions of restaurants
providing indoor seating and which are properly licensed for such service. On properties located west
of the railroad right of way and outside of the village redevelopment area, incidental outdoor dining
areas shall be allowed only whoro the existing indoor restaurant, bona fide eating establishment, or deli
provides on site parking in compliance with the parking ratios specified in Chapter 21.11 (Parking) of
this code. Incidental outdoor dining areas may be located on private property only (not in the public
I
ATTACHMENT 4
right of way). The maximum number of seats, tables and square feet allowed in an incidental outdoor
dining area shall be limited to:
(i) A maximum of twenty percent of tho number of indoor seats or a maximum of twenty
seats, whichever is more restrictive; and,
(ii) A maximum of six tables; and
(iw) A maximum of four hundred square foot in area.
Incidental outdoor dining areas may be allowed pursuant to Chapter 21.26 of this code. Any
amount of outdoor dining area exceeding tho above limitations shall not be considered "incidental" for
purposes of this definition.
21104.290.1;
Section 21.04.290.1 (Definitions, Outdoor Dining (Incidental)) is proposed to be added as follows:
21.04.290.1 Outdoor Dining (Incidental).
"Outdoor dining (incidental)" means a small extension of an indoor restaurant, bona
fide eating establishment, or deli which extends outdoors beyond the walls of the restaurant, and
does not exceed the limitations established in Chapter 21.26.
ATTACHMENT 4
AMENDMENTS TO CHAPTER.21i05
21.05.095
Section 21.05.095 (Zone Establishments - Boundaries, Combination Zoning) is proposed to be amended
as follows:
21.05.095 Combination zoning.
A. As provided by the Carlsbad General Plan, some areas of the city are suitable for
more than one land use classification; and often, multiple land use designations are assigned to
areas in the early planning stages when it is unclear what the most appropriate designation may be
or where the boundaries of such designations should be located. These areas are referred to in the
General Plan as "combination districts". It is the intent of this section to implement the General
Plan provisions for "combination districts", as follows:
L Two or more zones (combination zoning) may be permitted on property with two or
more General Plan land use designations (combination district), as a means of implementing the
combination district.
Prior to approval of any combination zoning, it must bo found that all of the following
circumstances exist on the property where the combination zoning is to be applied:
ft-) The characteristics of the site demonstrate that the use of a single zone is inadequate to
allow proper planning and development in conformanco with the general plan;
(3) The area is partially developed under an existing zone, but desirable uses for the infill of
this area are not permitted under the exiating zone;
(£) The characteristics of tho area are such that a combination zone would allow a greater
ability for land uses to be compatible with and protect surrounding land uses.
2. The designation of combination zoning requires additional comprehensive planning.
Prior to the approval of any permits for development of property with combination zoning, the following
must occur;
a. If the combination zoning applies to property consisting of 25 acres or more, a
specific plan7 shall be approved pursuant to Section 65450 et seq. of the Government Code. The specific
plan7 shall establish the regulations and development standards for such property and the uses permitted
thereoiiT, consistent with the underlying general plan designations.
b. If the combination zoning applies to property consisting of less than 25 acres, a site
development plan shall be approved and shall establish the regulations and development standards
for such property and the uses permitted thereon shall be consistent with the underlying zoning
designations.
It is intended that such combination zoning may apply only to nonrcsidential zones excluding the
R P zone, and that the uses permitted may bo any combination of permitted uses as provided in tho
specific plan.
ATTACHMENT 4
AMENDMENTS TO CHAPTER 21.07
21.07.020
The legend of Table A of Section 21.07.020 (E-A Exclusive Agricultural Zone, Permitted Uses) is
proposed to be amended as follows:
Table A
Permitted Uses
In the table, below, subject to all applicable permitting and development requirements of the
municipal code:
"P" indicates use is permitted. (See note 7 below)
"CUP" indicates use is permitted with approval of a conditional use permit. (See note 7 below)
1 = Administrative hearing process
2 = Planning commission hearing process
3 = City council hearing process
"Ace" indicates use is permitted as an accessory use.
21.07.020
Table A of Section 21.07.020 (E-A Exclusive Agricultural Zone, Permitted Uses) is proposed to be
amended by the addition of the following footnote:
7. Any use meeting the definition of an entertainment establishment, as defined in Section
8.09.020 of the Carlsbad Municipal Code (CMC), shall be subject to the requirements of CMC
Chapter 8.09.
21,07,120
Section 21.07.120(1) (E-A Exclusive Agricultural Zone, Development standards) is proposed to be
amended as follows:
(1) Garage(s), which are provided to meet the parking requirements for dwellings
pursuant to Section 21.44.020 of this title. Each dwelling unit shall be have a two car garage, which is
architecturally integrated with and-has-have an exterior similar to the dwelling unit. Such garage shall
have a minimum dimension of twenty feet square.
ATTACHMENT 4
L AMENDMENTS TO CHAPTER 21.08
21.08.020
The legend of Table A of Section 21.08.020 (R-A Residential Agricultural Zone, Permitted Uses) is
proposed to be amended as follows:
Table A
Permitted Uses
In the table, below, subject to all applicable permitting and development requirements of the
municipal code:
"P" indicates use is permitted. (See note 7 below)
"CUP" indicates use is permitted with approval of a conditional use permit. (See note 7 below)
1 = Administrative hearing process
2 = Planning commission hearing process
3 = City council hearing process
"Ace" indicates use is permitted as an accessory use.
21.08.020
Table A of Section 21.08.020 (R-A Residential Agricultural Zone, Permitted Uses) is proposed to be
amended by the addition of the following use:
Use
Residential care
(defined: Section
facilities
21.04.300)
(serving six or fewer persons)
P
X
CUP Ace
PT-ik. ••?•' 3\: <•'-.-. ? 21.08.020:;
Table A of Section 21.08.020 (R-A Residential Agricultural Zone, Permitted Uses) is proposed to be
amended by the addition of the following footnote:
7. Any use meeting the definition of an entertainment establishment, as defined in Section
8.09.020 of the Carlsbad Municipal Code (CMC), shall be subject to the requirements of CMC
Chapter 8.09.
Section 21.08.100.A.1 (R-A Residential Agricultural Zone, Development standards) is proposed to be
amended as follows:
1. Garage(s), which are provided to meet the parking requirements for dwellings
pursuant to Section 21.44.020 of this title, shall be have a two car garage, with a minimum dimension
of twenty feet square which is architecturally integrated with and4ias-have an exterior similar to the
dwelling unit, with the following oxocption:
ATTACHMENT 4
&-. One additional paved off street (covered or uncovered) parking space shall bo provided
for a second dwelling unit and shall comply with the requirements of Chapter 21.11. The additional
parking space may bo provided through tandoin parking (provided that the garage is set back a minimum
of twenty foot from the property line) or in tho front yard setback;
ATTACHMENT 4
AMENDMENTS TO CHAPTER 21.09
21.09.020
The legend of Table A of Section 21.09.020 (R-E Rural Residential Estate Zone, Permitted Uses) is
proposed to be amended as follows:
Table A
Permitted Uses
In the table, below, subject to all applicable permitting and development requirements of the
municipal code:
"P" indicates use is permitted. (See note 6 below)
"CUP" indicates use is permitted with approval of a conditional use permit. (See note 6 below)
1 = Administrative hearing process
2 = Planning commission hearing process
3 = City council hearing process
"Ace" indicates use is permitted as an accessory use.
21,09.020:
Table A of Section 21.09.020 (R-E Rural Residential Estate Zone, Permitted Uses) is proposed to be
amended by the addition of the following use:
Use
Residential care facilities (serving six or fewer persons)
(defined: Section 21.04.300)
P
X
CUP Ace
:21.09.020
Table A of Section 21.09.020 (R-E Rural Residential Estate Zone, Permitted Uses) is proposed to be
amended by the addition of the following footnote:
6. Any use meeting the definition of an entertainment establishment, as defined in Section
8.09.020 of the Carlsbad Municipal Code (CMC), shall be subject to the requirements of CMC
Chapter 8.09.
21.09;190J
Section 21.09.190(1) (R-E Rural Residential Estate Zone, Development standards) is proposed to be
amended as follows:
(1) Garage(s), which are provided to meet the parking requirements for dwellings
pursuant to Section 21.44.020 of this title. Each dwelling unit shall be have a two car garage, with a
minimum dimension of twenty feet square which is architecturally integrated with and-has-have an
exterior similar to the dwelling unit, with the following exception:
(A) One additional paved off street (covered or uncovered) parking space shall be provided
for a second dwelling unit and shall comply with the requirements of Chapter 21.14. The additional
7
ATTACHMENT 4
parking space may bo provided through tandem parking (provided that the garage is set back a minimum
of twenty feet from the property line) or in tho front yard setback;
ATTACHMENT 4
AMENDMENTS TO CHAPTER 21.10
21;10.020
The legend of Table A of Section 21.10.020 (R-l One-Family Residential Zone, Permitted Uses) is
proposed to be amended as follows:
Table A
Permitted Uses
In the table, below, subject to all applicable permitting and development requirements of the
municipal code:
"P" indicates use is permitted. (See note 4 below)
"CUP" indicates use is permitted with approval of a conditional use permit. (See note 4 below)
1 = Administrative hearing process
2 = Planning commission hearing process
3 = City council hearing process
"Ace" indicates use is permitted as an accessory use.
21.10.020
Table A of Section 21.10.020 (R-l One-Family Residential Zone, Permitted Uses) is proposed to be
amended by the addition of the following use:
Use
Residential care facilities (serving six or fewer persons)
(defined: Section 21.04.300)
P
X
CUP Ace
21.10.020:
Table A of Section 21.10.020 (R-l One-Family Residential Zone, Permitted Uses) is proposed to be
amended by the addition of the following footnote:
4. Any use meeting the definition of an entertainment establishment, as defined in Section
8.09.020 of the Carlsbad Municipal Code (CMC), shall be subject to the requirements of CMC
Chapter 8.09.
21.10.030j
Section 21.10.030 (R-l One Family Residential Zone, Second dwelling units) is proposed to be amended
as follows:
21.10.030 Second dwelling units.
A. The public good is served when there exists in a city housing which is appropriate for the
needs of and affordable to all members of the public who reside within that city. Among other needs,
there is in Carlsbad a need for affordable rental housing. Therefore, it is in the public interest for the city
to promote a range of housing alternatives in order to meet the affordable rental housing needs of its
ATTACHMENT 4
citizens. This section is intended to provide a rental housing alternative by establishing a procedure to
create new second dwelling units.
B. The provisions of this section shall apply to single-family zones R-A, R-E and R-l, areas
designated by a master plan for single-family detached dwellings in P-C zones and lots within
multifamily zones R-2, R-3, R-P, R-T, R-W and RD-M, which are developed with single-family
residences.
C. Second dwelling units developed within the coastal zone require a minor coastal
development permit issued according to the provisions of Section 21.201.085 and a building permit.
Second dwelling units outside of the coastal zone require a building permit.
D. The completed minor coastal development permit and/or building permit application for a
second dwelling unit shall include the following information:
1. The name(s) of the owner(s);
2. The address of the dwelling units;
3. The assessor's parcel number;
4. Building elevations and a general floor plan of the second dwelling unit;
5. A scaled drawing showing the lot dimensions, the location of the primary and second
dwelling unit, location of all vehicular parking and the total square footage of both units;
6. Description and location of water and sanitary (sewer) services; and
7. An owner applicant signed and notarized Notice of Restriction, to be recorded
against the property, in conformance with Section 21.10.030.E.15 of this Chapter, affidavit ef
compliance declaring that:
(a) the second dwelling unit is not in conflict with existing conditions, covenants and restrictions
(CC&Rs) applicable to the title of the subject property;
(b) the property owncr(s) shall reside in either the main dwelling unit or the second dwelling unit,
unless a lessee leases both the main dwelling and the second dwelling unit;
(c) the property ownora agroo to rent the second dwelling unit at a monthly rental rato which shall
not exceed an income of a low income household, adjusted for household size, at eighty percent of tho
San Diego County median income.
E. Second dwelling units shall comply with the following:
1. The second dwelling unit shall either be attached to the main dwelling unit and located
within the habitable area of the main dwelling unit or detached from the main dwelling unit and located
on the same lot as the main dwelling unit;
2. The second dwelling unit shall have a separate entrance;
3. The second dwelling unit must meet the setback, lot coverage and other development
standards applicable to the zone which are not addressed within this subsection. In the coastal zone, any
housing development processed pursuant to this chapter shall be consistent with all certified local coastal
program provisions, with the exception of density, or as otherwise specified within this subsection;
4. Attached second dwelling units shall conform to the height limits applicable to the zone
and detached second dwelling units shall be limited to one story, except that second dwelling units
constructed above detached garages shall be permitted and shall conform to the height limits applicable to
the zone;
5. Garage conversions are prohibited unless replacement off-street garage parking is
provided concurrently and in compliance with the requirements of Chapter 21.44;
6. Second dwelling units shall not be permitted on a lot or parcel having guest or accessory
living quarters, or a residential care facility. Existing guest or accessory living quarters may be converted
into a second dwelling unit provided that all zoning and structural requirements are met;
7. One additional paved off-street (covered or uncovered) parking space shall be provided
for the second dwelling unit and shall comply with the requirements of Chapter 21.44. The additional
parking space may be provided through tandem parking (provided that the garage is set back a minimum
of twenty feet from the property line) or in the front yard setback;
8. Adequate water and sewer capacity and facilities for the second dwelling unit must be
available or made available;
9. All necessary public facilities and services must be available or made available;
10. The second unit may be rented and shall not be sold separately from the main dwelling
unit unless the lot on which such units are located is subdivided. The lot upon which the second unit is
10
ATTACHMENT 4
located shall not be subdivided unless each lot which would be created by the subdivision will comply
with the requirements of this title and Title 20; and further provided, that all structures existing on each
proposed lot will comply with the development standards applicable to each lot;
11. The total area of floor space for an attached or detached second unit shall not exceed six
hundred forty square feet;
12. The second dwelling unit shall be architecturally compatible with the main dwelling unit,
in terms of appearance, materials and finished quality;
13. A second dwelling unit which conforms to the requirements of this section shall be
allowed to exceed the permitted density for the lot upon which it is located and shall be deemed to be a
residential use consistent with the density requirements of the general plan and the zoning designation for
the lot;
44: The size of the lot upon which a second dwelling unit is proposed shall not be less than
the minimum lot size required of the zone.
14. Second dwelling units intended to satisfy an inclusionarv requirement shall comply
with the requirements of Chapter 21.85, including but not limited to the applicable rental rates and
income limit standards.
15. The owner shall sign and notarize a Notice of Restriction, to be recorded against the
property, declaring that:
a. If the second dwelling unit is rented, the monthly rental rate shall not exceed the
allowable housing expense of a low-income household (defined: Section 21.85.020).
b. The property owner(s) shall reside in either the main dwelling unit or the second
dwelling unit, unless a lessee leases both the main dwelling and the second dwelling unit;
c. The obligations and restrictions imposed on the second dwelling unit per this
Chapter are binding on all present and future property owners.
21.10.120
Section 21.10.120.A.1. (R-l One-Family Residential Zone, Development standards) is proposed to be
amended as follows:
1. Garage(s), which are provided to meet the parking requirements for dwellings
pursuant to Section 21.44.020 of this title. Each dwelling unit shall be have a two car garage, with a
minimum dimension of twenty foot square which is architecturally integrated with and has-have an
exterior similar to the dwelling unit, with tho following exception:
»: One additional paved off atroot (covered or uncovered) parking space shall be provided
for a second dwelling unit and shall comply with the requirements of Chapter 21.1 •I. The additional
parking space may bo provided through tandem parking (provided that the garage is set back a minimum
of twenty feet from the property line) or in tho front yard setback;
11
ATTACHMENT 4'
AMENDMENTS TO CHAPTER 21.12
h. •-•• ...•!- v:".".^ •,•••'•".21.12.020;
The legend, of Table A of Section 21.12.020 (R-2 Two-Family Residential Zone, Permitted Uses) is
proposed to be amended as follows:
Table A
Permitted Uses
In the table, below, subject to all applicable permitting and development requirements of the
municipal code:
"P" indicates use is permitted. (See note 7 below)
"CUP" indicates use is permitted with approval of a conditional use permit. (See note 7 below)
1 = Administrative hearing process
2 = Planning commission hearing process
3 = City council hearing process
"Ace" indicates use is permitted as an accessory use.
21U2.020]
Table A of Section 21.12.020 (R-2 Two-Family Residential Zone, Permitted Uses) is proposed to be
amended by the addition of the following use:
Use
Residential care facilities (serving six or fewer persons)
(defined: Section 21.04.300)
P
X
CUP Ace
21.12.020
Table A of Section 21.12.020 (R-2 Two-Family Residential Zone, Permitted Uses) is proposed to be
amended by the addition of the following footnote:
7. Any use meeting the definition of an entertainment establishment, as defined in Section
8.09.020 of the Carlsbad Municipal Code (CMC), shall be subject to the requirements of CMC
Chapter 8.09.
12
ATTACHMENT 4
AMENDMENTS TO CHAPTER 21.10
21.16.020
The legend of Table A of Section 21.16.020 (R-3 Multiple-Family Residential Zone, Permitted Uses) is
proposed to be amended as follows:
Table A
Permitted Uses
In the table, below, subject to all applicable permitting and development requirements of the
municipal code:
"P" indicates use is permitted. (See note 7 below)
"CUP" indicates use is permitted with approval of a conditional use permit. (See note 7 below)
1 = Administrative hearing process.
2 = Planning commission hearing process.
3 = City council hearing process.
"Ace" indicates use is permitted as an accessory use.
21.16.020]
Table A of Section 21.16.020 (R-3 Multiple-Family Residential Zone, Permitted Uses) is proposed to be
amended by the addition of the following use:
Use
Residential care facilities (serving six or fewer persons)
(defined: Section 21.04.300)
P
X
CUP Ace
21.16.020
Table A of Section 21.16.020 (R-3 Multiple-Family Residential Zone, Permitted Uses) is proposed to be
amended by the addition of the following footnote:
7. Any use meeting the definition of an entertainment establishment, as defined in Section
8.09.020 of the Carlsbad Municipal Code (CMC), shall be subject to the requirements of CMC
Chapter 8.09.
2i.l6.070|
Section 21.16.070 (R-3 Multiple-Family Residential Zone, Minimum lot area) is proposed to be amended
as follows:
21.16.070 Minimum lot area.
A. The minimum required area of a lot in the R-3 zone shall be not less than seven thousand
five hundred square feet, unless otherwise shown on tho zoning map.
13
ATTACHMENT 4
21:16;'
Section 21.16.080 (R-3 Multiple-Family Residential Zone, Lot width) is proposed to be amended as
follows:
21.16.080 Lot width.
A. Every lot created after the effective date of the ordinance codified in this chapter shall
maintain a width not less than fifty feet at tho roar line of the required front yard; provided, however, if
the zoning map indicates a minimum required area of six thousand square foot or more, the minimum
width of a lot shall be not less than sixty feet at the rear line of the required front yard.
14
ATTACHMENT 4
AMENDMENTS TO CHAPTER 21.18
21.1&020
The legend of Table A of Section 21.18.020 (R-P Residential Professional Zone, Permitted Uses) is
proposed to be amended as follows:
Table A
Uses Permitted When the R-P Zone Implements the
"O" (Office) General Plan Land Use Designation
In the table, below, subject to all applicable permitting and development requirements of the
municipal code:
"P" indicates use is permitted. (See note 3 below)
"CUP" indicates use is permitted with approval of a conditional use permit. (See note 3 below)
1 = Administrative hearing process.
2 = Planning commission hearing process.
3 = City council hearing process.
"Ace" indicates use is permitted as an accessory use.
21.18.020]
Table A of Section 21.18.020 (R-P Residential Professional Zone, Permitted Uses) is proposed to be
amended by the addition of the following footnote:
3. Any use meeting the definition of an entertainment establishment, as defined in Section
8.09.020 of the Carlsbad Municipal Code (CMC), shall be subject to the requirements of CMC
Chapter 8.09.
15
ATTACHMENT 4
AMENDMENTS TO CHAPTER 21.20
• 21.20.010
The legend of Table A of Section 21.20.010 (R-T Residential Tourist Zone, Permitted Uses) is proposed
to be amended as follows:
Table A
Permitted Uses
In the table, below, subject to all applicable permitting and development requirements of the
municipal code:
"P" indicates use is permitted. (See note 2 below)
"CUP" indicates use is permitted with approval of a conditional use permit. (See note 2 below)
1 = Administrative hearing process.
2 = Planning commission hearing process.
3 = City council hearing process.
"Ace" indicates use is permitted as an accessory use.
.-rV^ 21.20.0101
Table A of Section 21.20.010 (R-T Residential Tourist Zone, Permitted Uses) is proposed to be amended
by the addition of the following footnote:
2. Any use meeting the definition of an entertainment establishment, as defined in Section
8.09.020 of the Carlsbad Municipal Code (CMC), shall be subject to the requirements of CMC
Chapter 8.09.
16
ATTACHMENT 4
AMENDMENTS TO CHAPTER 21.21
21.21.140
Section 21.21.140 (H-O Hospital Overlay Zone, Parking) is proposed to be amended as follows:
21.21.140 Parking.
Minimum:
A. Parking shall be provided subject to the provisions of Chapter 21.44 of this title.
fB Hospitals: throe spaces for each bed or one per two hundred square feet of gross floor
area, whichever is greater;
(3) Medical or dental offices or clinics: one space for each two hundred square feet of gross
floor area;
(3) Other uses: parking shall be required pursuant to Chapter 21 A<\ of this code;
f4)B. Additional parking may be required as part of the site development plan. Up to twenty
five percent of the required parking may be provided as compact spaces, eight feet by fifteen feet in sizo.
17
ATTACHMENT 4
AMENDMENTS TO CHAPTER 21.22
21,22.020
The legend of Table A of Section 21.22.020 (R-W Residential Waterway Zone, Permitted Uses) is
proposed to be amended as follows:
Table A
Permitted Uses
In the table, below, subject to all applicable permitting and development requirements of the
municipal code:
"P" indicates use is permitted. (See note 7 below)
"CUP" indicates use is permitted with approval of a conditional use permit. (See note 7 below)
1 = Administrative hearing process.
2 = Planning commission hearing process.
3 = City council hearing process.
"Ace" indicates use is permitted as an accessory use.
21.22.0201
Table A of Section 21.22.020 (R-W Residential Waterway Zone, Permitted Uses) is proposed to be
amended by the addition of the following use:
Use
Residential care
(defined: Section
facilities
21.04.300)
(serving six or fewer persons)
P
X
CUP Ace
[ ,. •:. 21.22.020
Table A of Section 21.22.020 (R-W Residential Waterway Zone, Permitted Uses) is proposed to be
amended by the addition of the following footnote:
7. Any use meeting the definition of an entertainment establishment, as defined in Section
8.09.020 of the Carlsbad Municipal Code (CMC), shall be subject to the requirements of CMC
Chapter 8.09.
18
ATTACHMENT 4
AMENDMENTS TO CHAPTER 21,24
21.24.020
The legend of Table A of Section 21.24.020 (RD-M Residential Density-Multiple Zone, Permitted Uses)
is proposed to be amended as follows:
Table A
Permitted Uses
In the table, below, subject to all applicable permitting and development requirements of the
municipal code:
"P" indicates use is permitted. (See note 6 below)
"CUP" indicates use is permitted with approval of a conditional use permit. (See note 6 below)
1 = Administrative hearing process.
2 = Planning commission hearing process.
3 = City council hearing process.
"Ace" indicates use is permitted as an accessory use.
Table A of Section 21.24.020 (RD-M Residential Density-Multiple Zone, Permitted Uses) is proposed to
be amended by the addition of the following use:
Use
Residential care facilities (serving six or fewer persons)
(defined: Section 21.04.300)
P
X
CUP Ace
21.24.020
Table A of Section 21.24.020 (RD-M Residential Density-Multiple Zone, Permitted Uses) is proposed to
be amended by the addition of the following footnote:
6. Any use meeting the definition of an entertainment establishment, as defined in Section
8.09.020 of the Carlsbad Municipal Code (CMC), shall be subject to the requirements of CMC
Chapter 8.09.
21.24.050
Section 21.24.050.A.3 (RD-M Residential Density-Multiple Zone, Side yard) is proposed to be amended
as follows:
3. A zero foot side yard setback shall be permitted to one interior side yard, provided:
a. That the owners of both lots common to the proposed zero foot side yard are in
agreement,
b-. That a specific plan is filed with the city for approval, showing the proposed building
locations, parking, and side yard areas for both lots, and
19
ATTACHMENT 4
b. That the remaining side yard shall be not less than twenty-five percent of the total lot
width measured at the front setback line^
c. That the building permit application and other permit applications required by this
code (if any) for the project shall include a site plan that shows the proposed building location,
parking, and side yard setback for both lots common with the proposed zero foot side yard, to the
satisfaction of the planning director, and
d. That an easement or other recorded agreement for maintenance purposes be
granted to provide access to the adjoining lot when there is no side yard.
20
ATTACHMENT 4
AMENDMENTS TO CHAPTER 21.25
21.25.040
Table A of Section 21.25.040.D (Community Facilities Zone, Permitted Uses) is proposed to be amended
as follows:
Table A
Uses Permitted
In the table, below, subject to all applicable permitting and development requirements of the
municipal code:
"P" indicates the use is permitted. (See note 1 below)
"CUP" indicates that the use is permitted with approval of a conditional use permit. (See note 1
below)
1 = Administrative hearing process.
2 = Planning commission hearing process.
3 = City council hearing process.
"Ace" indicates the use is permitted as an accessory use.
Use
Adult and/or senior day care and/or recreation facility (private or
nonprivate)
Agricultural farm worker housing (temporary) (subject to Section
21.42.140(B)(2))
Rinlntrirnl Imhitnt nrr"rrvp f^iihiprt tn Sprtinn "> 1 A') I'lOfRVTf)^
(defined- Section 71 M 0/18)
Charitable service (private/semi-private)
Child dav care center facility (subject to the requirements of
Chapter 21.83) (defined: Section 21.04.086)
Churches, synagogues, temples, convents, monasteries, and other
places of worship
Civic associations (e.g., League of Women Voters, etc.)
Clubs ~ nonprofit; business, civic, professional, etc. (defined:
Section 2 1.04.090)
Fraternal associations and lodges (except college
fraternities/sororities)
Mobile buildings (subject to Section 21.42.140(B)(90)) (defined:
Section 2 1.04.265)
Office area (see note 2 below)
Religious reading room (separate from church)
Social clubs (noncommercial)
Veterans' organizations (including meeting facilities)
Welfare and charitable services (private or semi-private) with no
permanent residential uses (e.g., Good Will, Red Cross,
Traveler's Aid)
Wireless communications facilities (subject to Section 21.42.140
(B)(165)) (defined: Section 21.04.379)
Youth organizations (e.g., Boy Scouts, Girl Scouts, Boys and
Girls Clubs, YMCA and YWCA, except lodgings)
P
X
X-
CUP
2
3
3
2
2
2
2
2
2
1
3
2
2
1/2
2
Ace
X
21
ATTACHMENT 4
Notes:
1. Any use meeting the definition of an entertainment establishment, as defined in Section
8.09.020 of the Carlsbad Municipal Code (CMC), shall be subject to the requirements of CMC
Chapter 8.09.
2. -k If any office area is proposed with a use, the office area must be ancillary to the main use; it
cannot be the principal use.
2-. Stand alone child day care facility is permitted subject to tho approval of a site development plan
pursuant to Chapter 21.06. If a child day care facility is developed in conjunction with another community
facilities use, which requires a conditional use permit, then the requirement for a site development plan
for the child day care UGO is waived.
3^ All uses shall be conducted wholly within a building except such uses as athletic fields, outdoor
play areas, and other uses customarily conducted in the open.
22
ATTACHMENT 4
AMENDMENTS TO CHAPTER 21.26
21.26.0101
The legend of Table A of Section 21.26.010 (C-l Neighborhood Commercial Zone, Permitted uses) is
proposed to be amended as follows:
Table A
Permitted Uses
In the table, below, subject to all applicable permitting and development requirements of the
municipal code:
"P" indicates use is permitted. (See note 1 below)
"CUP" indicates use is permitted with approval of a conditional use permit. (See note 1 below)
1 = Administrative hearing process.
2 = Planning commission hearing process.
3 = City council hearing process.
"Ace" indicates use is permitted as an accessory use.
Table A of Section 21.26.010 (C-l Neighborhood Commercial Zone, Permitted uses) is proposed to be
amended by the addition of the following use:
Use
Outdoor dining (incidental) (subject to Section 21.26.013)
(defined: Section 21.04.290.1)
P CUP Ace
X
The footnotes of Table A of Section 21.26.010 (C-l Neighborhood Commercial Zone, Permitted uses) are
proposed to be amended as follows:
Notes:
1. Any use meeting the definition of an entertainment establishment, as defined in Section
8.09.020 of the Carlsbad Municipal Code (CMC), shall be subject to the requirements of CMC
Chapter 8.09. All uses shall be conducted wholly within a building except such UGOG as gasoline
stations, electrical transformer substations, nurseries for sale of plants and flowers and other enterprises
customarily conducted in the open.
3r. Products made incident to a permitted use shall bo sold only at retail on the premises, and not
more than Five persons may be employed in the manufacturing, processing and treatment of products
permitted heroin.
3-. Storage shall be limited to accessory storage of commodities sold at retail on the premises.
23
ATTACHMENT 4
21.26,013
Section 21.26.013 (C-l Neighborhood Commercial Zone, Incidental outdoor dining areas permitted by
administrative permit) is proposed to be amended as follows:
21.26.013 Outdoor dining (incidental) Incidental outdoor dining areas permitted by administrative
permit.
Outdoor dining (incidental) Incidental outdoor dining areas may be approved by administrative
permit for restaurants, bona fide eating establishments, and delis in zones where outdoor dining
(incidental) is permitted, tho C 1, O, C 2, C T, C M, M, and P M zones outside of the redevelopment
area and outside of the commorcial/viaitor serving overlay zone except on those sites located within the
coastal zone west of the railroad right of way which do not provide parking for their outdoor seating on
site in compliance with Chapter 21.11 (Parking) of this code. The owner of the subject property shall
make written application to the planning director. Such application shall include all materials deemed
necessary by the director to show that the requirements of subsection (c) of this section are met. If the
proposed outdoor dining (incidental) is located in the coastal zone and is not exempt from a coastal
development permit by Chapter 21.201. the application shall also include constitute an application for
a coastal development permit or minor coastal development permit.
(a) The director shall give written notice to all property owners within three hundred feet of
the subject property of pending development decision after the application is complete, at least fifteen
calendar days prior to the decision on the application as follows:
(1) Contents. The notice shall include all requirements of Section 21.54.061 of this code,
including a notice of a public comment period of at least fifteen calendar days sufficient to receive and
consider comments submitted by mail prior to the date established for the decision. The notice shall also
include a statement that a public hearing shall be held upon request by any person and a statement that
failure by a person to request a public hearing may result in the loss of that person's ability to appeal
approval of the administrative permit by the director to the planning commission.
(b) The director may approve, approve with conditions, or deny the permit. The director may
waive a public hearing on an administrative permit if notice has been provided in accordance with
subsection (a)(l) of this section and a request for a public hearing has not been received by the city within
ten fifteen calendar days from the date of sending the notice. If a request for a public hearing is received,
a public hearing before the director shall be held in the same manner as a planning commission hearing.
In either event, the director's decision shall be based upon the requirements of, and shall include, specific
factual findings supporting whether the project is or is not in conformity with the requirements of
subsection (c) of this section.
The director's decision shall be made in writing. The date of the decision shall be the date the
writing containing the decision or determination is mailed or otherwise delivered to the person or persons
affected by the decision. If the matter includes a coastal development permit or minor coastal
development permit, unless the decision is appealed to the planning commission, the director shall
provide a notice of final action in accordance with Sections 21.201.160 and 21.201.170.
(c) Development Standards. All areas providing outdoor dining (incidental) incidental
outdoor dining areas shall comply with the following development standards:
(1) Outdoor dining areas shall comply with all applicable requirements of the State of
California Disabled Access Regulations (Title 24);
(2) Outdoor dining areas shall comply with all applicable requirements of the alcoholic
beverage commission, if alcoholic beverages are served in the outdoor area;
(3) Outdoor dining areas shall be operated only during the hours of operation of the
associated restaurant;
(4) Outdoor dining areas shall be used exclusively for eating and drinking;
(5) Outdoor dining areas shall be located on private property only
(45) Outdoor dining areas shall provide adequate circulation to accommodate normal
pedestrian traffic and circulation for the outdoor dining area. Pedestrian clearance between tables and/or
walls/fences shall be a minimum forty-two inches wide;
(6) Outdoor dining (incidental) shall be utilized only as extensions of restaurants, bona
24
ATTACHMENT 4
fide eating establishments, or delis that provide indoor seating and are licensed for such service.
(7) The maximum number of seats, tables and square footage allowed in an area
providing outdoor dining (incidental) shall be limited to a maximum of four hundred square feet in
area.
(£8) Outdoor dining areas shall not be located where the incidental outdoor dining area
would:
(A) Encroach into the public right-of-way,
(B) Eliminate any existing parking spaces,
(C) Interfere with vehicle or pedestrian circulation,
(D) Remove or reduce existing landscaping (unless equivalent additional landscaping is
provided elsewhere to the satisfaction of the planning director),
(E) Present a traffic hazard; or
(F) Be incompatible with outdoor dining, in the opinion of the city engineer, because of the
speed, volume or nearness of vehicular traffic;
(69) When calculating square footage for purposes of determining parking required per
Chapter 21.44 of this code, space used for outdoor dining (incidental) outdoor areas pursuant to this
section shall be excluded.
25
ATTACHMENT 4
AMENDMENTS TO CHAPTER,
I List of Sections in Chapter 21.271
The list of sections in Chapter 21.27 (Office Zone) is proposed to be amended as follows:
Sections:
21.27.010 Intent and purpose.
21.27.020 Permitted uses.
21.27.021 Child day caro centers by administrative permit.
21.27.035 Reserved Incidental outdoor dining areas permitted by administrative permit.
21.27.040 Site development plan required.
21.27.050 Development standards.
21.27.020]
The legend of Table A of Section 21.27.020 (Office Zone, Permitted Uses) is proposed to be amended as
follows:
Table A
Permitted Uses
In the table, below, subject to all applicable permitting and development requirements of the
municipal code:
"P" indicates use is permitted. (See note 1 below)
"CUP" indicates use is permitted with approval of a conditional use permit. (See note 1 below)
1 = Administrative hearing process.
2 = Planning commission hearing process.
3 = City council hearing process.
"Ace" indicates use is permitted as an accessory use.
21.27.020]
Table A of Section 21.27.020 (Office Zone, Permitted Uses) is proposed to be amended by the addition of
the following use:
Use
Child day care centers (subject to Chapter 21.83) (defined:
Section 21.04.086)
P
X
CUP Ace
26
ATTACHMENT 4
21.27.020]
Table A of Section 21.27.020 (Office Zone, Permitted Uses) is proposed to be amended by the addition of
the following use:
Use
Outdoor
(defined:
dining
Section
(incidental) (subject to Section 21.26.013)
21.04.290.1)
P CUP Ace
X
„• ' "-^ ' '.".?...•:'•• 21.27.020j
Table A of Section 21.27.020 (Office Zone, Permitted Uses) is proposed to be amended by the addition of
the following footnote:
Note:
1. Any use meeting the definition of an entertainment establishment, as defined in Section
8.09.020 of the Carlsbad Municipal Code (CMC), shall be subject to the requirements of CMC
Chapter 8.09.
21.27.021j
Section 21.27.021 (O Office Zone, Child day care centers by administrative permit) is proposed to be
deleted:
21.27.021 Child day care centers by administrative permit.
Child day care- centers may be permitted by administrative permit, subject to the provisions of
Chapter 21.83 of this title. Application for administrative- permit shall demonstrate site design
compatibility with surrounding development.
21,2-7.035
Section 21.27.035 (Office Zone, Incidental outdoor dining areas permitted by administrative permit) is
proposed to be amended as follows:
21.27.035 Reserved. Incidental outdoor dining areas permitted by administrative permit.
Subject to tho development standards set forth in Section 21.26.013(c) an incidental outdoor
dining area may bo approved by administrative permit pursuant to Section 21.26.013(a).
••'• •••2t.27.050l
Section 21.27.050(8) (O Office zone, Development Standards) is proposed to be amended as follows:
(8) Signs. A detailed sign program shall be submitted to the planning director for approval
prior to occupancy of any new building or installation of any new signs. All signs proposed in the O zone
shall comply with the following regulations: Chapter 21.41 of this title.
(A) Total maximum allowable area of all signs, including monument signs, shall not exceed
one square foot per lineal foot of building frontage.
27
ATTACHMENT 4
fB) One freestanding monument sign may be permitted for each lot. The monument sign shall
be no greater than six feet in height or six feet in length, including the base, with a maximum of two sign
faces. Comprehensively planned developments may be permitted additional monument signs, above the
allowable area, through the site development plan process.
21.27.050
Section 21.27.050(14) (O Office Zone, Development Standards, Parking Requirements) is proposed to be
amended as follows:
(14) Parking Requirements. Off-street parking shall be provided pursuant to Section
21.44.020 of this title, as follows:
(A) Banks and other financial institutions—one space for each two hundred fifty square feet
of gross floor area;
(B) Professional offices—one space for each three hundred square feet of gross floor area;
(G) Medical or dental offices or clinics—one space for each two hundred square feet of gross
floor area;
(6) Professional offices, except for banks and financial institutions, which arc located within
the village redevelopment zone or within a three hundred foot radius of tho village redevelopment zone—
one space for each four hundred square feet of gross floor area;
(E) The planning commission may allow up to twenty five percent of tho total required
parking spaces to be reduced in size to accommodate compact cars.
28
ATTACHMENT 4
AMENDMENTS TO CHAPTER A21;28
[List of Sections in Chapter 21.28]
The list of sections in Chapter 21.28 (C-2 General Commercial Zone) is proposed to be amended by the
deletion of the reference to 21.28.012:
21.28.012 Incidental outdoor dining areas permitted by administrative permit.
21.28.0101
The legend of Table A of Section 21.28.010 (C-2 General Commercial Zone, Permitted uses) is proposed
to be amended as follows:
Table A
Permitted Uses
In the table, below, subject to all applicable permitting and development requirements of the
municipal code:
"P" indicates use is permitted. (See note 1 below)
"CUP" indicates use is permitted with approval of a conditional use permit. (See note 1 below)
1 = Administrative hearing process.
2 = Planning commission hearing process.
3 = City council hearing process.
"Ace" indicates use is permitted as an accessory use.
Table A of Section 21.28.010 (C-2 General Commercial Zone, Permitted uses) is proposed to be amended
by the addition of the following use:
Use
Outdoor dining (incidental) (subject to Section 21.26.013)
P CUP Ace
X
The footnotes of Table A of Section 21.28.010 (C-2 General Commercial Zone, Permitted uses) are
proposed to be amended as follows:
Notes:
1. Any use meeting the definition of an entertainment establishment, as defined in Section
8.09.020 of the Carlsbad Municipal Code (CMC), shall be subject to the requirements of CMC
Chapter 8.09. All uses shall be conducted wholly within a building except such USOG as gasoline
stations, electrical transformer substations, horticultural nurseries and other enterprises customarily
conducted in the open.
2-. Products made incident to a permitted use and manufactured or processed on the promises shall
bo sold only at retail on the premises, and not more than Five persons may be employed in ouch
29
ATTACHMENT 4
manufacturing, processing and treatment of products.
3-. Storage shall be limited to accessory storage of commodities sold at retail on the premises.
Section 21.28.012 (C-2 General Commercial Zone, Incidental outdoor dining areas permitted by
administrative permit) is proposed to be deleted:
21.28.012 Incidental outdoor dining areas permitted by administrative permit.
Subject to the development standards sot forth in Section 21.26.013(c), an incidental outdoor
dining area may bo approved by administrative permit pursuant to Section 21.26.013(a).
30
ATTACHMENT 4
AMENDMENTS TO CHAPTER 21.30
I List of Sections in Chapter 21.30]
The list of sections in Chapter 21.30 (C-M Heavy Commercial - Limited Industrial Zone) is proposed to
be amended by the deletion of the reference to 21.30.015:
21.30.015 Incidental outdoor dining areas permitted by administrative permit.
s21.30;010l
The legend of Table A of Section 21.30.010 (C-M Heavy Commercial - Limited Industrial Zone,
Permitted uses) is proposed to be amended as follows:
Table A
Permitted Uses
In the table, below, subject to all applicable permitting and development requirements of the
municipal code.
"P" indicates use is permitted. (See notes 2 below)
"CUP" indicates use is permitted with approval of a conditional use permit. (See notes 2 below)
1 = Administrative hearing process.
2 = Planning commission hearing process.
3 = City council hearing process.
"Ace" indicates use is permitted as an accessory use.
K 2130.0101
Table A of Section 21.30.010 (C-M Heavy Commercial - Limited Industrial Zone, Permitted uses) is
proposed to be amended by the addition of the following use:
Use
Outdoor dining (incidental) (subject to Section 21.26.013)
P CUP Ace
X
21.30.0101
The footnotes of Table A of Section 21.30.010 (C-M Heavy Commercial - Limited Industrial Zone,
Permitted uses) are proposed to be amended as follows:
Notes:
1. Any use permitted in the commercial zones is allowed in the C-M zone, except: (A) Hotels,
motels and auto courts, (B) Hospitals (however, industrial emergency hospitals are permitted), (C)
Residential care facilities, (D) Professional care facilities, (E) Private clubs, fraternities, sororities and
lodges, excepting those the chief activity of which is a service customarily carried on as a business, (F)
Institutions of a philanthropic or eleemosynary nature, including correctional and mental.
2. Any use meeting the definition of an entertainment establishment, as defined in Section
31
ATTACHMENT 4
8.09.020 of the Carlsbad Municipal Code (CMC) shall be subject to the requirements of CMC
Chapter 8.09.
21.30.015]
Section 21.30.015 (C-M Heavy Commercial - Limited Industrial Zone, Incidental outdoor dining areas
permitted by administrative permit) is proposed to be deleted as follows:
21.30.015 Incidental outdoor dining areas permitted by administrative permit.
Subject to the development standards set forth in Section 21.26.013(c), an incidental outdoor
dining area may be approved by administrative permit pursuant to Section 21.26.013(a).
32
ATTACHMENT 4
AMENDMENTS TO CHAPTER 21.31
21.31.030]
The legend of Table A of Section 21.31.030 (C-L Local Shopping Center Zone, Permitted uses) is
proposed to be amended as follows:
Table A
Uses Permitted in the C-L Zone
In the table, below, subject to all applicable permitting and development requirements of the
municipal code:
"P" indicates the use is permitted. (See note 5 below)
"CUP" indicates that the use is permitted with approval of a conditional use permit. (See note 5
below)
1 = Administrative hearing process.
2 = Planning commission hearing process.
3 = City council hearing process.
"Ace" indicates the use is permitted as an accessory use.
21.31.03(1
Table A of Section 21.31.030 (C-L Local Shopping Center Zone, Permitted uses) is proposed to be
amended by the amendment of the following use: "Outdoor dining (incidental) (subject to Section
21.26.013)".
Use
Outdoor dining (incidental) (subject to Section 21.26.013) (defined ;
Section 21.04.290.1)
P CUP Ace
X
: , 21.3L030
The footnotes of Table A of Section 21.31.030 (C-L Local Shopping Center Zone, Permitted uses) are
proposed to be amended as follows:
Notes:
1. Accessory buildings and structures and ancillary uses shall be developed as an integral part of a
permitted use within or on the same structure or parcel of land.
2. Educational facilities, other/schools. No individual educational facility school shall occupy
more than ten thousand square feet of gross leaseable floor area within any local shopping center.
3. Offices. The total floor area of an office uses shall not exceed forty percent of the gross leaseable
floor area within any local shopping center.
4. Retail sales may also include those types of goods and services that are typically offered by
"community" retail establishments^. Wwhen "community" retail establishments are included in a the
local shopping center, they shall be subject to the following: the definition of a local shopping center,
Section 21.31.020, and the function of the local shopping center land use class as described in the
Carlsbad general plan.
33
ATTACHMENT 4
5. Any use meeting the definition of an entertainment establishment, as defined in Section
8.09.020 of the Carlsbad Municipal Code (CMC), shall be subject to the requirements of CMC
Chanter 8.09.
34
ATTACHMENT 4
AMENDMENTS TO CHAPTER 21.32
| List of Sections in Chapter 21.32J
The list of sections in Chapter 21.32 (M Industrial Zone) is proposed to be amended by the deletion of the
reference to 21.32.015:
21.32.015 Incidental outdoor dining areas permitted by administrative permit.
2L32.010
That the legend of Table A of Section 21.32.010 (M Industrial Zone, Permitted uses) is proposed to be
amended as follows:
Table A
Permitted Uses
In the table, below, subject to all applicable permitting and development requirements of the
municipal code:
"P" indicates use is permitted. (See note 1 below)
"CUP" indicates use is permitted with approval of a conditional use permit. (See note 1 below)
1 = Administrative hearing process.
2 = Planning commission hearing process.
3 = City council hearing process.
"Ace" indicates use is permitted as an accessory use.
213^010
That Table A of Section 21.32.010 (M Industrial Zone, Permitted uses) is proposed to be amended by the
addition of the following use:
Use
Any use permitted in the C-M zone is permitted in the M zone,
except child day care centers
P
X
CUP Ace
21.32.010
That Table A of Section 21.32.010 (M Industrial Zone, Permitted uses) is proposed to be amended by the
addition of the following use:
Use
Outdoor dining (incidental) (subject to Section 21.26.013)
(defined: Section 21.04.290.1)
P CUP Ace
X
35
ATTACHMENT 4
21.32.01QJ
That the footnotes of Table A of Section 21.32.010 (M Industrial Zone, Permitted uses) are proposed to
be amended as follows:
Notes:
L Any use meeting the definition of an entertainment establishment, as defined in Section
8.09.020 of the Carlsbad Municipal Code (CMC), shall be subject to the requirements of CMC
Chapter 8.09.
4-. Any use permitted in the C M zone, except child day care centers, except that a dwelling
conforming to the yard requirements of the R 3 zone shall be permitted on the same lot on which a
factory is located, and which dwelling is used exclusively by a caretaker or superintendent of such factory
and his family.
21.32.6l5J
Section 21.32.015 (M Industrial Zone, Incidental outdoor dining areas permitted by administrative
permit) is proposed to be deleted as follows:
21.32.015 Incidental outdoor dining areas permitted by administrative permit.
Subject to the development standards sot forth in Section 21.26.013(c) an incidental outdoor
dining area may be approved by administrative permit pursuant to Section 21.26.013(a).
36
ATTACHMENT 4
AMENDMENTS TO CHAPTER
21.33.020
The legend of Table A of Section 21.33.020 (O-S Open Space Zone, Permitted Uses) is proposed to be
amended as follows:
Table A
Permitted Uses
In the table, below, subject to all applicable permitting and development requirements of the
municipal code:
"P" indicates use is permitted. (See note 1 below)
"CUP" indicates use is permitted with approval of a conditional use permit. (See note 1 below)
1 = Administrative hearing process.
2 = Planning commission hearing process.
3 = City council hearing process.
"Ace" indicates use is permitted as an accessory use.
Table A of Section 21.33.020 (O-S Open Space Zone, Permitted Uses) is proposed to be amended by the
addition of the following footnote:
Note;
L Any use meeting the definition of an entertainment establishment, as defined in Section
8.09.020 of the Carlsbad Municipal Code (CMC), shall be subject to the requirements of CMC
Chapter 8.09.
37
ATTACHMENT 4
AMENDMENTS TO CHAPTER 21.34
I List of Sections in Chapter 21.34]
The list of sections in Chapter 21.34 (Planned Industrial Zone) is proposed to be amended by the deletion
of the reference to 21.34.035:
21.31.035 Incidental outdoor dining areas permitted by administrative permit.
21.34.d20j
The legend of Table A of Section 21.34.020 (P-M Planned Industrial Zone, Permitted Uses) is proposed
to be amended as follows:
Table A
Permitted Uses
In the table, below, subject to all applicable permitting and development requirements of the
municipal code:
"P" indicates use is permitted. (See note 2 below)
"CUP" indicates use is permitted with approval of a conditional use permit. (See note 2 below)
1 = Administrative hearing process.
2 = Planning commission hearing process.
3 = City council hearing process.
"Ace" indicates use is permitted as an accessory use.
2L34.020I
Table A of Section 21.34.020 (P-M Planned Industrial Zone, Permitted Uses) is proposed to be amended
by the addition of the following footnote:
2. Any use meeting the definition of an entertainment establishment, as defined in Section
8.09.020 of the Carlsbad Municipal Code (CMC), shall be subject to the requirements of CMC
Chapter 8.09.
21.3410351
Section 21.34.035 (P-M Planned Industrial Zone, Incidental outdoor dining areas permitted by
administrative permit) is proposed to be deleted as follows:
21.34.035 Incidental outdoor dining areas permitted by administrative permit.
Subject to the development standards sot forth in Section 21.26.013(c) an incidental outdoor
dining area may be approved by administrative permit pursuant to Section 21.26.013(a);
38
ATTACHMENT 4
... .
AMENDMENTS TO CHAPTER
21.36.020]
Table A of Section 21.36.020 (P-U Public Utility zone, Permitted Uses) is proposed to be amended as
follows:
Table A
Permitted Uses
In the table, below, subject to all applicable permitting and development requirements of the municipal
code:
"P" indicates use is permitted. (See note 1 below)
"CUP" indicates use is permitted with approval of a conditional use permit. (See note 1 below)
1 = Administrative hearing process.
2 = Planning commission hearing process.
3 = City council hearing process.
"Ace" indicates use is permitted as an accessory use.
Use
Accessory uses and structures
Agricultural farm worker housing (temporary) (subject to Section
21.42.140(6X2))
CUP Ace
X
Agriculture: only the following agricultural uses, and buildings
accessory to such agricultural UGOS, are permitted in the P U zone:
field and seed crops, (b) truck crops, (c) horticultural crops, (d)(a) iicio ana seea crops, ^D; irucic crops, v,, r,, v_,
orchards and vineyards, (e) pasture and rangeland, (f) tree farms,
'~^ -fallow lands, (h) greenhouses
Airports
Alcoholic treatment centers
Any other use which the planning commission or city council may
determine to be similar to the permitted uses in the zone and to
fall within the intent and purposes of the zone (see note 1)
Aquaculture (defined: Section 21.04.036)
Aquaculture stands
21.42.140(6X10))
(display/sale) (subject to Section
Biological habitat preserve (subject to Section 21.42.140(B)(30))
(defined: Section 21.04.048)
Campsites (overnight) (subject to Section 21.42.140(B)(40))
Cemeteries
Columbariums, crematories, and mausoleums (not within a
cemetery)cemetery)
Crop production
Energy transmission facilities, including rights-of-way and
pressure control or booster stations for gasoline, electricity,
natural gas, synthetic natural gas, oil or other forms of energy
sources
X
Fairgrounds
Floriculture
Generation and transmission of electrical energy X
39
ATTACHMENT 4
Use
Golf courses
Governmental maintenance and service facilities
Greenhouses (2,000 square feet maximum)
Greenhouses >2,000 square feet (subject to Section
21.42.140(B)(70))
Hazardous waste facility (subject to Section 21.42.140(B)(75))
(defined: Section 21. 04.167)
Hospitals (defined: Section 21.04.170)
Hospitals (mental) (defined: Section 21.04.175)
Mobile buildings (subject to Section 21.42.140(B)(90)) (defined:
Section 2 1.04.265)
Nursery crop production
Packing/sorting sheds >600 square feet (subject to Section
21.42.140(B)(70))
Pasture and range land
Petroleum products pipeline booster stations
Processing, using and storage of: (a) natural gas, (b) liquid natural
j»as, (c) domestic and agricultural water supplies;
Public utility district maintenance, storage and operating facilities
Radio/television/microwave/broadcast station/tower
Recreation facilities
Recreational facilities (public or private, passive or active)
Recycling collection facilities, large (subject to Chapter 21.105 of
this title) (defined: Section 21.105.015)
Recycling collection facilities, small (subject to Chapter 21.105 of
this title) (defined: Section 21.105.015)
Recycling process/transfer facility
Satellite television antennae (subject to the provisions of Section
21. 53. 130 of this code)
Signs, subject to the provisions of Chapter 21.41
Stadiums
Transit passenger terminals (bus and train)
Tree farms
Truck farms
Using and storage of fuel oils
Wastewater treatment, disposal or reclamation facilities
Windmills (exceeding height limit of zone) (subject to Section
21.42.140(B)(160))
Wireless communications facilities (subject to Section
2 1.42. 140(8X1 65)) (defined: Section 21.04.379)
Zoos (private) (subject to Section 21.42.140(B)(170)) (defined:
Section 2 1.04.400)
P
X
X
X
X
X
X
X
X
X
X
X
X
X
X
CUP
2
1
3
2
2
2
1
2
2
2
1
2
3
2
2
1/2
2
Ace
Note:
JL Any use meeting the definition of an entertainment establishment, as defined in Section
8.09.020 of the Carlsbad Municipal Code (CMC), shall be subject to the requirements of CMC
Chapter 8.09.
-h Providing there shall not be permitted any use which creates noxious gas or odor, excessive sound
vibration or significant atmospheric pollution.
40
ATTACHMENT 4
AMENDMENTS TO CHAPTER 21*3 7
21.37.020
The legend of Table A of Section 21.37.020 (RMHP Residential Mobile Home Park Zone, Permitted
Uses) is proposed to be amended as follows:
Table A
Permitted Uses
In the table, below, subject to all applicable permitting and development requirements of the
municipal code:
"P" indicates use is permitted. (See note 4 below)
"CUP" indicates use is permitted with approval of a conditional use permit. (See note 4 below)
1 = Administrative hearing process.
2 = Planning commission hearing process.
3 = City council hearing process.
"Ace" indicates use is permitted as an accessory use.
21J7.020
Table A of Section 21.37.020 (RMHP Residential Mobile Home Park Zone, Permitted Uses) is proposed
to be amended by the addition of the following footnote:
4. Any use meeting the definition of an entertainment establishment, as defined in Section
8.09.020 of the Carlsbad Municipal Code (CMC), shall be subject to the requirements of CMC
Chapter 8.09.
2137.100
Section 21.37.100A.17 (RMHP Residential Mobile Home Park Zone, Development Standards) is
proposed to be amended as follows:
17. Parking shall be provided subject to the provisions of Chapter 21.44 of this title.
Each mobile homo site shall include a paved area suitable for providing automobile shelter with space for
at least two automobiles. Recreation and laundry areas combined shall have sufficient parking facilities to
accommodate one automobile for every five mobile home sites up to fifty lots and one space for each ten
lots thereafter;
21.37.100
Section 21.37.100.A.19 (RMHP Residential Mobile Home Park Zone, Development Standards) is
proposed to be amended as follows:
19. Reserved Visitor parking shall bo provided at a ratio of one space per four mobile home
units. On street parking may bo counted towards mooting this requirement;
41
ATTACHMENT 4
AMENDMENTS TO CHAPTER 21.38
21.38.030j
Sections 21.38.030 (P-C Planned Community Zone, General provisions) is proposed to be amended as
follows:
21.38.030 General provisions.
(a) The P-C zone may be established on parcels of land which are suitable for and of
sufficient size to be planned and developed in a manner consistent with the purposes and objectives of
this chapter. No P-C zone shall include less than one hundred acres of contiguous land.
(b) All land in each proposed planned community shall bo hold in one ownership or shall be
under unified control unless otherwise authorized by the city council. For the purposes of this section, the
written agreement of all owners in the planned community to develop in accord with the master plan as
approved indicates unified control.
(e) An owner may transfer sections of the development. The transferee shall be required to
use tho property in accord with the approved master plan.
(d){b) A planned community shall be subject to all other applicable provisions of Title 20,
Subdivisions, and Title 21, Zoning, of this code. Where a conflict in regulation occurs, the regulations
specified in this chapter or the approved master plan shall control.
42
ATTACHMENT 4
AMENDMENTS TO CHAPTER 21.44
List of Sections ia Chapter 21.44]
The list of sections in Chapter 21.44 (Parking) is proposed to be amended as follows:
Sections:
21.44.010
21.44.020
21.44.030
21.44.040
21.44.050
21.44.060
21.44.070
21.44.080
21.44.090
21.44.100
Required off-street parking.
Off-street parking spaces required.
Parking requirements for uses not specified.
Waiver or modification of parking standards may—be—waived—by—planning
commission.
General requirements.
Off-street parking-Residential zones.
Comprehensive planned facilities.
Joint use of off-street parking facilities.
Common parking facilities.
Parking area plan.
21.44.020]
Section 21.44.020 (Parking, Off-street parking spaces required) is proposed to be amended as follows:
21.44.020 Off-street parking spaces required.
A. The number of off-street parking spaces required for the uses or structures designated in
this section shall be no less than as set forth in Table A, below.
B. In the case of multiple uses in a building or on a lot, the total requirements for off-street
parking facilities shall be the sum of the requirements for the various uses computed separately, except as
otherwise noted. Off-street parking facilities for one use shall not be considered as providing required
parking facilities for any other use except as specified in Section 21.44.080 for joint use.
Table A - Number of Off-Street Parking Spaces Required
USE
Residential
Uses
One-family dwellings
Two-family dwellings
(apartments only), for
condominium projects see
"planned developments"
Multiple-family dwellings
(apartments only), for
condominium projects see
"planned developments"
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)
Same as required for one-family dwellings
Visitor parking
Studio and one-
bedroom units
Units with two
or more
bedrooms
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
43
ATTACHMENT 4
Table A - Number of Off-Street Parking Spaces Required
USE
Residential
Uses Cont'rl
Commercial,
Industrial,
and Other
Non-
Residential
T Tuses
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
Car Rental Agencies
Child Day Care Center
Delicatessen
Driving Ranges
Educational Facilities,
other
VI • 1 • • <Educational institution or
school
NUMBER OF OFF-STREET PARKING SPACES
Projects with 10 A .30 space per each
units or fewer unit.
.... . . Projects with 11 A .25 space per eachVisitor parking / vf ° units or more unit.
Visitor parking may be covered or
uncovered.
1 space (covered or uncovered), in addition to the parking
required for the primary use (single, one-family dwelling).
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 2 1.45.
1 .25 spaces for each sleeping room
2 paved and covered spaces per unit, plua 1 visitor parking
1 visitor parking space for every 4 units. On-street
parking mav be counted towards meeting the visitor
parking requirement.
Recreation and laundry areas combined shall have
sufficient parking facilities to accommodate one
automobile for every five mobile home sites up to fifty lots
and one space for each ten lots thereafter.
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 for the car
rental office space and customer waiting area. Adequate
rental car fleet parking shall be addressed through a fleet
parking plan that shall be reviewed and approved by the
Planning Director.
1 space/employee plus 1 space for each 10 children
1 space/250 square feet of gross floor area
1 space/tee plus required parking for accessory uses
1 space/200 square feet of gross floor area
1 space/employee plus 1
„ . ,^T . space for each 10 students.Frescliools/ JMursei'ies "... "•" , ....
J 1 -!•and unloading area
1 space/employee, with an
Elementary Schools adequate loading and
unloading area
44
ATTACHMENT 4
Table A - Number of Off-Street Parking Spaces Required
USE NUMBER OF OFF-STREET PARKING SPACES
Commercial,
Industrial,
and Other
Non-
Residential
Uses Cont'd.
High Schools
Educational institution or
school
Colleges
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
Medical Office
Financial Institutions and
Professional Offices Financial Institutions
Other office uses
1 space/200 square feet of
gross floor area
1 space/250 square feet of
gross floor area
1 space/250 square feet of
gross floor area
Financial Institutions and
Professional Offices, cent.
Office uses in the village review
redevelopment zone and areas
within 300 feet of its boundary
1 space/300 square feet
of gross floor area
Furniture and Appliance
Sales 1 space/600 square feet of gross floor area
Golf Courses 6 spaces/hole plus required parking for accessory uses.
Gyms and Health Spas 1 space/200 square feet of gross floor area
Hospitals 3 spaces per bed, or 1/200 square feet of gross floor area,
whichever is greater.
Hotels and Motels 1.2 spaces per unit
Industrial building ("spec"
- no specific uses
identified)
1 space/250 square feet of gross floor area '
Libraries
Library Substations
1 space/200 square feet of gross floor area
1 space/250 square feet of gross floor area
Manufacturing 1 space/400 square feet of gross floor area, plus 1 space for
each vehicle used in conjunction with the use
Mortuaries 1 space/50 square feet of assembly area
Gas
Stations
Motor Vehicle Uses
Sales
Repair
1 space/300 square feet of gross floor area,
excluding work bays associated with vehicle
repair.
Gas stations that include motor vehicle repair
services shall provide additional parking as
required for motor vehicle "repair" uses.
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 of
three bays. Work bays do not count as parking
spaces.
Museums 1 space/500 square feet of gross floor area
Personal and Professional
Services3 1 space/300 square feet of gross floor area
Professional Care Facilities .45 parking spaces per every bed
Public Assembly 1 space/5 seats, or 1 space/100 square feet of assembly area,
whichever is greater
45
ATTACHMENT 4
Table A - Number of Off-Street Parking Spaces Required
USE
Commercial,
Industrial,
and Other
Non-
Residential
Uses Cont'd.
Recreational Vehicle
Storage Areas
Recycling Facilities
Research and Development
(R&D)
Restaurants
Retail Uses
«-,
Visitor/Information
Center
Theaters
Warehouse
NUMBER OF OFF-STREET PARKING SPACES
1 space for every 1 0,000 square feet of storage area, with a
minimum of 3 spaces.
1 space per employee plus 1 space for each commercial
vehicle of the recycling facility; and
Space for a minimum of 6 vehicles or the anticipated peak
hourly customer load, whichever is greater, as
determined by the planning director.
1 space/250 square feet of gross floor area
Bio industrial R&D - 1 space/300 square feet of gross floor
area
Less than
4,000 square
feet in size
4,000 square
feet or greater
Individual
Shopping
Center
Elementary
High Schools
Colleges,
Vocational
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
and unloading area
unloading area
unloading area
One space/four hundred square feet of gross floor 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.
Uses permitted in the underlying zone may be allowed in under-parked shopping centers without the
need to provide additional parking, provided there is no expansion of floor area (this does not apply to
conditionally permitted uses).
Personal and professional service uses include, but are not limited to, copying/duplicating
services, dry cleaners, laundromats, beauty and barber shops, cosmetic services, nail salons,
shoe/garment repair, travel agent, etc.
46
ATTACHMENT 4
i 2L44.030
Section 21.44.030 (Parking, Parking requirements for uses not specified) is proposed to be amended as
follows:
21.44.030 Parking requirements for uses not specified.
A. Where the parking requirements for a use are not specifically defined herein, the parking
requirements for such use shall be determined by the planning director, commission, and sSuch
determination shall be based upon the following:
L The parking requirements for the most comparable use specified in this chapter; and/on
2. A parking study, or other evidence satisfactory to the planning director.
Section 21.44.040 (Parking, Parking provisions may be waived by planning commission) is proposed to
be amended as follows:
21.44.040 Waiver or modification of parking standards may be waived by planning commission.
A. The planning director may waive or modify the provisions as set forth in this title
establishing required parking areas for uses such as electrical power generating plants, electrical
transformer stations, utility or corporation storage yards or other uses of a similar or like nature where
there are a minimal number of employees/occupants, requiring a very limited number of persons.
B. The planning director may modify the required parking standards where it can be
demonstrated that adequate parking will be provided and the modification will not adversely affect
the neighborhood or the site design and circulation. The modification shall be based on the results
of a parking study prepared by a registered traffic engineer or other qualified parking consultant,
or other evidence satisfactory to the planning director.
47
ATTACHMENT 4
AMENDMENTS TO CHAPTER 21.46
"-"';v.v' 2L46.013
Section 21.46.130 (Yards, Walls, fences or hedges) is proposed to be amended as follows:
21.46.130 Walls, fences or hedges.
In any "R." zone, no fence, wall or hedge over forty-two inches in height shall be permitted in any
required front yard setback. In the required side yard or street side of either a corner lot or reversed corner
lot, a six-foot high fence may be permitted when approved by the planning director when the safety and
welfare of the general public are not imposed upon. The issuing of a permit upon the approval of the
planning director shall be subject to special conditions which may vary due to the topography, building
placement and vehicular or pedestrian traffic. On an interior lot, a wall or fence not more than six feet in
height may be located anywhere to the rear of the required front yard. In any "R" zone, any fence that
exceeds six feot in height, for special uses or under special circumstances, shall bo granted by the
planning commission and subject to the conditions imposed by this commission.
48
ATTACHMENT 4
AMENDMENTS TO CHAPTER 21.47
I last of Sections in Chapter 21.47J
The list of sections in Chapter 21.47 (Nonresidential Planned Developments) is proposed to be amended
by the deletion of the reference to 21.47.170:
21.d7.17Q Restriction on reapplication for a nonresidential planned development permit.
21.47.0261
Section 21.47.020 (Nonresidential Planned Developments, Nonresidential planned development permit)
is proposed to be amended as follows:
21.47.020 Nonresidential planned development permit.
The city council, planning commission or planning director, as provided in this chapter, may
approve a permit for a nonresidential planned development in any industrial, commercial or office zone,
or combination of zones subject to the requirements thereof except as they may be modified in accord
with this chapter.
The application for a nonresidential planned development shall state whether the applicant
intends to develop the project as a planned unit development, condominium project or stock cooperative
project. For purposes of this chapter, a planned unit development is defined by Section 11003 of the
Business and Professions Code of the state and a condominium project is defined by Section 1350 1351
of the Civil Code of the state.
21.47.110
Section 21.47.110(d) (Nonresidential Planned Developments, Approval of projects of four units or less by
planning director) is proposed to be deleted:
(d) The planning director shall make a monthly report to the city council of all nonrosidential
planned development permits issued pursuant to this section.
21.47.i30j
Section 21.47.130(a)(2) (Nonresidential Planned Developments, Amendments) is proposed to be
amended as follows:
(2) If the planning commission considers the amendment minor in nature, the additional
graphics, statement or other information may be approved by the planning commission resolution and
made part of the original city council approval without the necessity of a public hearing noticed public
hearing pursuant to Section 21.54.060:
21.47,150
Section 21.47.130(a)(3) (Nonresidential Planned Developments, Amendments) is proposed to be
amended as follows:
49
ATTACHMENT 4
(3) A minor amendment shall not change the densities intensity or the boundaries of the
subject property, or involve an addition of a new use or group of uses not shown on the original permit or
the rearrangement of uses within the development. If the planning commission determines that the
amendment is not minor or that a hearing is otherwise necessary, it shall set the matter for public hearing;
:21.47.170l
Section 21.47.170 (Nonresidential Planned Developments, Restriction on reapplication for a
nonresidential planned development permit) is proposed to be deleted:
21.47.170 Restriction on roapplication for a nonresidential planned development permit.
No application for a nonresidontial planned development permit on the same property or
essentially the same property for which a permit has been denied by the city council shall be accepted
within twelve months of such denial. This provision may bo waived by tho affirmative vote of a majority
of the city council.
50
ATTACHMENT 4
AMENDMENTS TO qHAPTER 21.50
21.50.010
Section 21.50.010 (Variances, Variance—Granting authority) is proposed to be amended as follows:
21.50.010 Variance—Granting authority.
A. When practical difficulties, unnecessary hardships, or results inconsistent with the
general purpose of this title result through the strict and literal interpretation and enforcement of the
provisions hereof, the planning commission shall have authority, as an administrative act, subject to the
provisions of this title, to grant^ upon such conditions as it may determine, such variance from the
provisions of this title as may be in harmony with its general purpose and intent, so that the spirit of this
title shall be observed, public safety and welfare secured and substantial justice done. In the coastal zone,
a variance shall not be allowed to diminish or otherwise adversely affect the substantive requirements for
protection of coastal resources.
51
ATTACHMENT 4
AMENDMEJNTS TO CHAPTER 21,52
Chapter 21.52 (Amendments) is proposed to be amended as follows:
Chapter 21.52
AMENDMENTS
Sections:
21.52.010
21.52.020
21.52.030
21.52.040
21.52.050
PurposeWfeeft.
Amendment Initiation.
Application and fees.
AuthoritvPlanning commission hearing.
Decision-making processCommiGsion action—Announcement.
al of amendment—Notice.21.52.060 Commission action Appro
Denial of amendment—Notice.
Commission action to be final when denying appli
21.52.070
01 go f>Qft
2^52:Public hearing on commission's recommendations on amendments and appeals.
21.52.100 Adverse decision to be referred to the planning commission.
21.52.110 City council announcement of decision.
21.52.120 Decision of city council to be final.
21.52.130 Notice of decision of city council.
21.52.HO Review of zone changes.
21.52.150 General plan and LCP amendments.
21.52.010 Wfeefl-Purpose.
A. The purpose of this chapter is to establish the process and requirements to amend
this title, the general plan, and the local coastal program, including amendments to the Bboundaries
of fee-land use designations and zones, established by this title, the classification of property uses
therein, or other provisions of this title may be amended whenever public necessity, convenience and
general welfare require. Within the coastal zone such boundary changes shall not be effective until
approved as a local coastal program amendment.
B. The process and requirements established by this chapter regarding amendments to
the local coastal program are intended to be consistent with and shall not supersede the
requirements of the California Coastal Act.
21.52.020 Amendment Initiation.
A. Amendments ef- to_this title, the general plan, or local coastal program may be initiated
by:
(1). The verified application of one or more owners of property or building proposed to be
changed or reclassified;
(2). Resolution of intention of the city council;
(3). Resolution of intention of the planning commission;
(4). The planning director.
21.52.030 Application and fees.
A. An application to amend this title, the general plan, or local coastal program shall
be made in writing on a form provided by the planning department. The application shall be
accompanied bv all materials and information required by the planning department.
B. At the time of filing the application, the applicant shall pay a processing fee in an
amount as specified by city council resolution.
52
ATTACHMENT 4
C. If the application requests to amend the land use or zone boundaries, designation or
classification, or provisions applicable to a specific parcel(s) of land, the application shall be made
by the owner of the property or the owner's authorized agent. This paragraph shall not apply to an
amendment initiated by the city. Whenever the owner of any land or building desires an amendment,
supplement to or change in any of the regulations proscribed for his property, he shall prepare an
application requesting such amendment, supplement or change on the prescribed form and forward it with
the required fee to the planning director.
21.52.040 Authority Planning commission hearing.
A. The City Council may, upon the recommendation of the planning commission,
approve or deny amendments to this title, the general plan, or local coastal program.
B. Amendments to the local coastal program are also subject to approval by the
California Coastal Commission.
21.52.050 Decision-making process Commission action Announcement.
A. The planning commission shall consider the application at a public hearing noticed
in accordance with chapter 21.54 of this title.
1. The planning commission shall render its decision in the form of a resolution that
includes findings and a written recommendation to the legislative body. Such recommendation shall
include the reasons for the recommendation, the relationship of the proposed ordinance or
amendment to applicable general and specific plans, and shall be transmitted to the legislative body
in such form and manner as may be specified by the legislative body.
2. The adopted planning commission resolution shall be filed with the city clerk and a
copy shall be mailed to the applicant.
B. Following the planning commission's action to recommend approval or denial of the
application, the city council shall consider the application at a public hearing noticed in accordance
with chapter 21.54 of this title.
1. After considering the recommendation of the planning commission, the city council
may approve or deny the application to amend Title 21, the general plan, or local coastal program.
2. The city council may approve, modify or disapprove the recommendation of the
planning commission; provided that any substantial modification of the proposed ordinance or
amendment by the city council not previously considered by the planning commission during its
hearing on the matter, shall first be referred to the planning commission for report and
recommendation. The planning commission shall not be required to hold a public hearing thereon
unless otherwise required by the city council. Failure of the planning commission to report within
forty-five (45) calendar days after the referral, or within the time set by the city council, shall be
deemed to be approval of the proposed modification.
3. The city council shall announce its decision to approve or deny the application by
adoption of;
a. An ordinance for amendments to:
i. This title.
H. The local coastal program implementation plan.
b. A resolution for amendments to:
i. The general plan.
ii. The local coastal program land use plan.
4. Following the city council decision, the city clerk shall send written notice of the
decision to the applicant and anyone who specifically requests to be notified of the decision.
C. Within the coastal zone, the city council's approval of an amendment to the local
coastal program shall not become effective until the amendment is approved by the California
Coastal Commission, pursuant to Section 30514 of the Public Resources Code.
21.52.040 Planning commission hearing.
The planning commission shall hold a public hearing on the proposed amendment. Notice of the
hearing shall be given pursuant to Section 21.54.060(2) of this code and if the proposed amendment
53
ATTACHMENT 4
affects the permitted uses of specific real property notice shall also be given pursuant to Section
21.51.060(1) of this code.
21.52.050 Commission action—Announcement.
The planning commission shall announce its action by formal resolution not more than fifteen
days following the hearing, and said resolution shall recite, among other things, the facts and reasons
which, in the opinion of the commission, make the approval or denial of the application for amendment
necessary to carry out the general purpose of this title, and shall recommend the adoption of the
amendment by the city council., or deny the application.
21.52.060 Approval of amendment—Notice.
When the commission's action is to recommend the adoption of the amendment, the commission
shall, within soven days from the date of such action, notify the applicant by forwarding a copy of the
resolution to the applicant at the address shown upon the application, and shall forward to the city council
a copy of tho resolution, together with the complete file in the case.
21.52.070 Denial of amendment—Notice.
When the action of the commission is to dony an application, tho commission shall, within soven
days from tho date of tho adoption of its resolution, notify the applicant by forwarding a copy of the
resolution to tho address shown upon the application.
2-1.52.080 Commission action to be final when denying application.
¥he action of the planning commission in denying an application for amendment shall be final
and conclusive unless appealed. Tho effective date of the decision and method for appeal of such decision
shall be governed by Section 21.54.150 of this code.
21.52.090 Public hearing on commission's recommendations on amendments and appeals.
Following receipt of the resolution from the planning commission recommending the adoption of
the amendment, as provided in this chapter, tho city council shall conduct a duly advertised public hearing
on the matter, public notice of which shall bo given as provided in Section 21.52.040.
21.52.100 Adverse decision to be referred to the planning commission.
Tho city council may approve, disapprove or modify the recommendation of the planning
commission, provided that any modification of the proposed ordinance or amendment not previously
considered by the planning commission during its hearing shall be referred to the planning commission
for further report on the matter. Failure of tho planning commission to report to the city council within
forty days after reference may be doomed to be approval by the planning commission of any proposed
f*|i nyi o'f*
21.52.110 City council announcement of decision.
The city council shall render its decision as soon as practicable following the termination of
proceedings of the hearing or upon tho receipt of report from tho planning commission when a matter has
been referred back to the planning commission.
21.52.120 Decision of city council to be final.
The action of the city council (regardless of whether or not it be an approval, reversal,
modification, or amendment to the action of the planning commission) on the application for amendment
shall be effected by at least three affirmative votes of members of the city council, which action shall be
final and conclusive.
21.52.130 Notice of decision of city council.
Not later than seven days following tho city council decision, the city clerk shall send written
notice of tho decision to the applicant at the address shown on the application. The city clork may then
return the complete file to the planning commission.
54
ATTACHMENT 4
21.52.140 Review of zone changes.
Zone changes, other than those initiated by the city, shall be reviewed by tho planning
commission one year after the reclassification has been granted. Jn those cases whore the new zoning has
not been utilized within the one year period, the planning commission shall consider whether the property
should rovert back to its original zone, remain as currently zoned, or bo changed to a more appropriate
zone. The planning commission may grant one extension not to exceed one year.
21.52.150 General plan and LCP amendments.
(a) Amendments to the general plan or to any of tho elements thereof shall be processed in
accord with this chapter. All provisions of this chapter applicable to the amendment of this title shall also
apply to general plan amendments with tho exception of the time requirement for planning commission
and city council hearings. Planning commission and city council hearings on general plan amendments
shall be held at such times as the city council shall by motion establish.
(fe) Amendments to the certified local coastal program shall be processed according to
Section 30511 of the Public Resources Code.
55
ATTACHMENT 4
AMENDMENTS TO CHAPTER 21.53
I List of Sections in Chapter 21.53]
The list of sections in Chapter 21.53 (Uses Generally) is proposed to be amended as follows:
Sections:
21.53.010 All zones subject to this chapter.
21.53.015 Voter authorization required for airport expansion.
21.53.020 Limitation of land use-Sewer availability.
21.53.030 Limitation on issuance of building permit.
21.53.040 Clarification of ambiguity.
21.53.050 Use control in reclassified precise plan.
21.53.060 Indicated potential classifications.
21.53.070 Translating potential classifications to permissible use.
21.53.080 Public utilities.
21.53.084 Keeping of dogs,-cats and household pets.
21.53.085 Wild animals.
21.53.090 Temporary real estate office.
21.53.100 Reserved Temporary real estate signs.
21.53.110 Temporary construction buildings.
21.53.120 Affordable housing multi-family residential projects-Site development plan required.
21.53.130 Satellite television antenna-Purpose.
21.53.140 Satellite television antenna-Generally.
21.53.150 Satellite television antenna—Waiver or modification of Variance to standards.
21.53.230 Residential density calculations, residential development restrictions on open space and
environmentally sensitive lands.
21.53.240 Nonresidential development restrictions on open space and environmentally sensitive
lands.
21.53.250 On-shore oil and gas facilities.
..'.. 21.53.1001
Section 21.53.100 (Uses Generally, Temporary real estate signs) is proposed to be amended as follows:
21.53.100 Reserved Temporary real estate signs.
fo any newly created subdivision, the subdivider or his assignee may maintain two temporary real
estate billboards, not to exceed fifty square foot in area per face, or one billboard not to oxcocd in aroa of
one hundred square feet per face, for the purpose of selling lots in the subdivision only. Such use shall
cease no later than one year from the date of the recording of the final subdivision map of said
subdivision, unless the planning commission, for good cause shown, shall allow a longer period of time,
up to ono year per application therefore, for such use. The procedure for applying for such a longer period
of time for such use and for appealing from a decision of the planning commission on such an application
shall be the same as that for a variance under Chapters 21.50 and 21.51.
Section 21.53.150 (Uses Generally, Satellite television antenna—Variance to standards) is proposed to be
amended as follows:
56
ATTACHMENT 4
21.53.150 Satellite television antenna—Waiver or modification of Variance to standards.
If, after application of the standards set forth in Section 21.53.140, a satellite antenna cannot be
physically located on the applicant's property or would result in the imposition of unreasonable costs
considering the purchase and installation of the equipment, then the planning director shall waive or
modify the standard(s) grant a variance to these standards, but only to the extent necessary to allow the
installation of one satellite television antenna to be located on the applicant's property in such a place and
manner as to present the least impact on aesthetics from the neighboring properties, neighborhood and
public taking into account all the remaining health, safety or aesthetic regulations set forth in that section.
57
ATTACHMENT 4
AMENDMENTS TO CHAPTER
...
J^k, ^ (' fff - M
2: 1.5 4
21.54.064)
Section 21.54.064(a) (Procedures, Hearings Notices and Fees, Applicant's responsibilities) is proposed to
be amended as follows:
(a) The applicant for any action requiring a noticed public hearing shall provide the city with
a list of persons or entities to whom notice must be given and the addresses of such persons. The
applicant shall also provide stamped, addressed envelopes for mailing notice. The list and the envelopes,
if required, shall be provided to the city not more than forty-five nor less than thirty days prior to the time
the matter is scheduled for hearing. If the number of persons to whom notice would be mailed exceeds
one thousand the applicant may, in lieu of providing the stamped, addressed envelopes, provide an
appropriate display advertisement. The applicant shall verify the accuracy of the list and the addresses.
The secretary of the planning commission planning director or the city clerk shall be responsible for
informing the applicant of the date a matter is scheduled for hearing.
•21.54.14pj
Sections 21.54.140(b) and 21.54.140(c) (Procedures, Hearings Notices and Fees, Effective date of order -
Appeal of planning director or housing and redevelopment director decisions) are proposed to be
amended as follows:
(b) Whenever the planning director is authorized, pursuant to this title or Title 19, to make a
decision or determination, such decision or determination is final and effective when the planning
director's written determination is mailed or otherwise delivered to the person(s) affected by the
determination, whichever time is least restrictive. Within ten calendar days of the date that a decision or
determination becomes final, a written appeal may be filed with the secretary of the planning commission
planning director by an interested person. An individual member of the city council can be an interested
person for purposes of the appeal. Filing of such an appeal within such time limits shall stay the effect of
the decision or determination of the planning director until such time as the planning commission has
acted on the appeal. The appeal shall specifically state the reason or reasons for the appeal. The burden of
proof is on the appellant to establish by substantial evidence that the grounds for the requested action
exist. Grounds for appeal shall be limited to the following; that there was an error or abuse of
discretion on the part of the planning director in that the decision was not supported by the facts
presented to the planning director prior to the decision being appealed; or that there was not a fair
and impartial hearing. Fees for filing an appeal under this section shall be established by resolution of
the city council.
(c) Upon the filing of an appeal, the secretary of the planning commission planning director
shall schedule the appeal for hearing before the planning commission as soon as practicable. An appeal
shall be heard and noticed in the same manner as was required of the determination or decision being
appealed. The hearing before the planning commission is de novo, but t The appeal hearing before the
planning commission is de novo, however the planning commission shall consider only the evidence
presented to the planning director for consideration in the determination or decision being
appealed. The planning commission shall determine all matters not specified in the appeal have been
found by the planning director and are supported by substantial evidence. The planning commission shall
consider the recommendations of the planning department, the decision of the planning director and all
other relevant documentary and oral evidence as presented at the hearing. The planning commission may
affirm, modify, or reverse the decision of the planning director, and make such order supported by
substantial evidence as it deems appropriate, including remand to the planning director with directions for
58
ATTACHMENT 4
further proceedings. The planning commission action on an appeal shall be final unless appealed to the
city council, pursuant to the provisions of Section 21.54.150.
21.54.150]
Sections 21.54.150(b) and 21.54.150(c) (Procedures, Hearings Notices and Fees, Effective date of order -
Appeal of planning commission or design review board decisions) are proposed to be amended as
follows:
(b) Whenever the planning commission is authorized pursuant to this title or Title 19 to make
a decision or determination, such decision or determination is final and effective upon the adoption of the
resolution or decision. Within ten calendar days of the date that a decision or determination becomes
final, a written appeal may be filed with the city clerk. An individual member of the city council can be an
interested person for purposes of the appeal. Filing of such an appeal within such time limits shall stay the
effect of the decision or determination of the planning commission until such time as the city council has
acted on the appeal as set forth in this title. The appeal shall specifically state the reason or reasons for the
appeal. The burden of proof is on the appellant to establish by substantial evidence that the grounds for
the decision or determination exist. Grounds for appeal shall be limited to the following: that there
was an error or abuse of discretion on the part of the planning commission in that the decision was
not supported by the facts presented to the planning commission prior to the decision being
appealed; or that there was not a fair and impartial hearing. Fees for filing an appeal under this
section shall be established by resolution of the city council.
(c) Upon the filing of an appeal, the city clerk shall schedule the appeal for hearing before
the city council as soon as practicable. An appeal shall be heard and noticed in the same manner as was
required of the determination or decision being appealed. The hearing before the city council is de novo,
The appeal hearing before the city council is de novo; however, the city council shall consider only
the evidence presented to the planning commission for consideration in the determination or
decision being appealed. The city council shall determine all matters not specified in the appeal have
been found by the planning commission and are supported by substantial evidence. Tho city council shall
consider the recommendations of the planning department, the decision of the planning and all other
relevant documentary and oral evidence as presented at the hearing. The city council may affirm, modify,
or reverse the action of the planning commission, and make such order supported by substantial evidence
as it deems appropriate, including remand to the planning commission with directions for further
proceedings. Any action by the city council shall be final and conclusive; provided, however, that any
action reversing the decision of the planning commission shall be by the affirmative vote of at least three
members of the city council.
59
ATTACHMENT 4
AMENDMENTS TO CHAPTER 21;55
21:55.020!
Section 21.55.020 (Dedication of Land and Fees for School Facilities, Authority - Conflict) is
proposed to be amended as follows:
21.55.020 Authority—Conflict.
This chapter is adopted pursuant to the provisions of Chapter 4.7 (commencing with Section
65970) of Division 1 of Title 7 Section 66478 of the California Government Code. In the case of any
conflict between the provisions of this chapter, and those of the California Government Code Chapter
4r3, the latter shall prevail.
60
ATTACHMENT 4
AMENDMENTS TO CHAPTER 21.58
Chapter 21.58 (Revocation—Expiration) is proposed to be amended as follows:
Chapter 21.58
VIOLATION-REVOCATION-EXPIRATION
Sections:
21.58.010 Notice of violation for non-compliance with conditions
21.58.04-20 Revocation of permits or variance.
21.58.0230 Expiration period.
21.58.010 Notice of Violation for non-compliance with conditions
(a) Failure to comply with the conditions of approval for any discretionary or
ministerial permit is unlawful. Whenever the city has knowledge that conditions of approval of any
permit or discretionary action issued pursuant to this title have not been complied with, the city
shall mail by certified mail a notice of intention to record a notice of violation to the property
owner and the permitee. The notice of intention to record a notice of violation shall;
(1) Describe the conditions of development in detail, naming the permitees and owners
of the property,
(2) Describe the violation (specifying which condition(s) have not been satisfied),
(3) State that an opportunity will be given to the property owner and/or permitee to
present evidence why such notice should not be recorded, and
(4) Specify a place, time, and date, which is not less than thirty days and not more than
sixty days from the date of mailing at which the owner may present evidence to the city.
(b) If, after the owner and/or permitee has presented evidence, the city determines that
there has been no violation, the city shall mail a clearance letter to the owner and permitee.
(c) If, however, after the owner and/or permitee has presented evidence, the city
determines that the owner and/or permitee has in fact not complied with conditions of the subject
approval or discretionary action, or if within fifteen days of receipt of a copy of such notice the
owner and/or permitee of such real property fails to inform the city of his or her objection to
recording the notice of violation, the city shall record the notice of violation with the county
recorder.
(d) The notice of violation, when recorded, shall be deemed to be constructive notice of
the violation to all successors in interest in such real property.
21.58. 04-20 Revocation of permits or variance.
(a) The decision-making body who issued a permit pursuant to this title may revoke or
modify said permit or variance; except those permits or variances issued by the planning director,
in which case the planning commission, may revoke or modify said permit or variance. The
revocation hearing shall be noticed consistent with Section 21.54.060, and the revocation shall be
based, after a public hearing noticed consistent with Section 21.54.060 held in the manner proscribed in
Chapter 21.50 governing variances and conditional UGO permits, revoke or modify any permit or variance
issued on any one or more of the following grounds:
(1) That the approval was obtained by fraud;
(2) That the use for which such approval is granted is not being exercised;
(3) That the use for which such approval was granted has ceased to exist or has been
suspended for one year or more;
(4) That the permit or variance granted is being, or recently has been, exercised contrary to
the terms or conditions of such approval, or in violation of any statute, ordinance, law or
regulation;
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ATTACHMENT 4
(5) That the use for which the approval was granted was so exercised as to be detrimental to
the public health or safety, or so as to constitute a nuisance.
21.58.0230 Expiration period.
(a) Any conditional use permit or variance or other development permit or approval granted
pursuant to this title becomes null and void if not exercised within the time period specified in the
approval letter or resolution granting the application or, if no time period is specified, within eighteen
months of the date of approval.
(b) Unless an earlier expiration date appears on the face of the permit any development
permit which is issued in conjunction with tentative subdivision map for a planned unit development as
defined by Section 11003 of the State Business and Professions Code shall expire no sooner than the
approved tentative map or any extension thereof whichever occurs later. Local coastal development
permits issued in conjunction with a tentative subdivision map for a planned unit development shall
expire no sooner than the approved tentative map and shall be in accordance with the applicable local
coastal program which is in effect at the time of the application for extension.
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ATTACHMENT 4
. . . .
AMENDMENTS TO CHAPTER
[List of Sections in Chapter 21.62J
The list of sections in Chapter 21.62 (Violations) is proposed to be amended as follows:
Sections:
21.62.010 Violation—Penalty.
21.62.020 Violation—Remedies.
21.62.Q2QJ
Section 21.62.020 is proposed to be added to Chapter 21.62 (Violations) as follows:
21.62.020 Violation—Remedies.
The city retains the right to enforce any remedy for violations in accordance with Chapters
1.08 and 1.10 of the Carlsbad Municipal Code, including but not limited to recording a notice of
violation.
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ATTACHMENT 4
AMENDMENTS TO CHAPTER 21.83
21.83.040]
Section 21.83.040 (Child Care, Use chart) is proposed to be amended as follows:
21.83.040 Use Chart.
The following use chart indicates the zones where Zones with small and large family day care
homes and child day care centers are permitted, subject to the requirements of this chapter, shown
on the following use chart.—Permitted, administrative, conditional, and prohibited are authorized as
"P" indicates that the use is permitted in the zone.
"A" indicates that the use is permitted subject to approval of an administrative permit.
"C" indicates that the use is permitted subject to approval of a conditional use permit.
"X" indicates that the use is prohibited in the zone.
Zoning
RA, RE, EA
R-l
R-2
R-3, RD-M, RP
RT, RW, RMHP
O
HO
C-F
C-1,C-2,CL
PM,CM
M, PU, OS, LC, TC, CT
VR,PC
Small Family
Day Care Home
(8 or fewer children)
P
P
P
P
P
X
X
X
X
X
X
(4)
Large Family
Day Care Home
(14 or fewer children)
P(l)
P(l)
P(l)
P(l)
P(l)
X
X
X
X
X
X
(4)
Child Day
Care Center
X
X
X
A(2)
X
A(2)
P(3)
A(2)
P(3)
C
X
(4)
2.
3.
Permitted only when the large family day care home is located on a lot occupied by a detached,
single-family dwelling on a lot of 7,500 nquaro foot or more by ministerial approval without a public
hearing and subject to the provisions of Section 21.83.050 of this chapter.
Permitted subject to the provisions of Sections 21.83.070 and 21.83.080 of this chapter.
Permitted subject to the provisions of Section 21.83.080 of this chapter and the requirements of any
controlling document (e.g., site development plan).
Permitted subject to the standards of the controlling document (Carlsbad Vvillage redevelopment
Mmaster Pplan and D4esign Manual guidelines or designated master plan) and the provisions of
Section 21.83.080 of this chapter.
Section 21.83.080.F (Child Care, Development Standards for child day care centers) is proposed to be
amended as follows:
F. The following parking requirements shall apply:
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ATTACHMENT 4
1. Parking shall be provided consistent with the standards specified in Chapter 21.44,
unless otherwise specified in this section. Notwithstanding Chapter 21.1-1 of this title, parking shall be
provided at one spaco/omployee plus one space for each ten children, minimum. Such
L pParking shall not be located in any required front yard setback.
2. An adequate on-site loading/unloading area shall be provided which can be easily
accessed from the child day care center without crossing any driveways or streets. This area may be
counted towards the required parking.
3. Clearly designated pedestrian walkways shall be provided.
4t Up to fifty percent of the parking facilities required by Chapter 21.4'I of this title for a
ehurch may be jointly utilized by an on site, incidental, child day caro center provided there is no
substantial conflict in the principle operating hours of the buildings or uses for which the joint use of off
street parking facilities is proposed.
65
ATTACHMENT 4
AMENDMENTS TO CHAPTER 21.84
21.84.060
Section 21.84.060.C (Housing for Senior Citizens, Development standards and design criteria) is
proposed to be amended as follows:
C. The following parking requirements shall apply;
L Parking shall be provided as followG:Parking shall be provided consistent with the
standards specified in Chapter 21.44, unless otherwise specified in this section.
4^ A minimum of ono and one half covered spaces per every unit, plus one covered space
for an onsite manager's unit (when provided), and one guest parking space per ovary five units;
Sri. Whenever possible, parking spaces should be laid out at either a thirty, forty-five or sixty
degree angle; and
3-:2. Required parking spaces shall be available to residents of the project at no fee.
21.84.080
The first paragraph of Section 21.84.080 (Housing for senior citizens, Application process) is proposed to
be amended as follows:
B. Formal Application. A proposal to develop housing for senior citizens shall be processed
under a site development plan (SDP) application in addition to any otherwise required application(s) (i.e.,
tentative maps, parcel maps, planned unit developments, etc.). The site development plan application shall
be processed according to the provisions of Chapter 21.06 of this code, excluding Section 21.06.020 (b)
(1), (2), (3) and (1). The findings for approval of a site development plan for housing for senior citizens
are specified in Section 21.84.080 of this chapter.
21.84.100
Section 21.84.100.D.l.e (Housing for senior citizens, Additional requirements) is proposed to be
amended as follows:
e. In a "senior citizen housing development," the limitation on occupancy may result in
more Jess than, but not less than eighty percent, all of the dwellings being actually occupied by a
qualifying resident;
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ATTACHMENT 4
TO CHAPTER
' Q S~
; O ft
List of Sections in Chapter 21.86
The list of sections in Chapter 21.86 (Residential Density Bonus Incentives or Concessions) is proposed
to be amended as follows:
Sections:
21.86.010 Purpose and intent
21.86.020 Definitions.
21.86.030 Inclusionary housing.
21.86.040 Density bonus for housing developments.
21.86.050 Incentives and concessions for housing developments.
21.86.060 Waiver or reduction of development standards.
21.86.070 Density bonus and incentives for condominium conversions.
21.86.080 Housing developments with child day care centers.
21.86.090 Density bonus housing standards.
21.86.100 Affordability tenure.
21.86.110 Application process.
21.86.120 Findings for approval.
21.86.130 Density bonus housing agreement.
21.86.140 Agreement processing fee.
21.86.150 Separability of provisions Severability.
Section 21.86.150 (Residential Density Bonus Incentives or Concessions) is proposed to be amended as
follows:
21.86.150 Separability of provisions Severabilitv.
A. If any provision of this chapter or the application thereof to any person or circumstances
is held invalid, the remainder of the chapter and the application of the provision to other persons not
similarly situated or to other circumstances shall not be affected thereby.
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ATTACHMENT 4
AMENDMENTS TO CHAPTER 21;95
21.95.040]
Sections 21.95.040.B (Hillside Development Regulations, Exemptions from hillside development permit)
are proposed to be amended as follows:
B. Any development exempted by 21.95.040(A) above, which does not comply with Section
21.95.120 and the city's hillside development guidelines, must submit an application for obtain a
hillside development permit or hillside development permit amendment in order to obtain an exclusion
from or modification to the development and design standards pursuant to this chapter.
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ATTACHMENT 4
AMENDMENTS TO CHAPTER21.105
21.105.030]
The first sentence of Section 21.105.030 (Recycling Facilities and Recycling Areas, Recycling collection
facilities allowed in commercial and industrial zones) is proposed to be amended as follows:
21.105.030 Recycling collection facilities allowed in commercial and industrial zones.
Recycling collection facilities shall be allowed in commercial and industrial zones upon approval
of a conditional use permit pursuant to Chapter 21.50 21.42 of this title, and subject to the following:
21.105.030
Section 21.105.030(b)(6) (Recycling Facilities and Recycling Areas, Recycling collection facilities
allowed in commercial and industrial zones) is proposed to be amended as follows:
(6) ReservedSpace shall be provided on site for a minimum of six vehicles or the anticipated
peak hourly customer load, whichever is higher, as determined by the planning director. In addition,
parking shall be provided for each employee and for each commercial vehicle of the recycling facility;
21.105.04Qj
The first sentence of Section 21.105.040 (Recycling Facilities and Recycling Areas, Recycling processing
facilities allowed in industrial zones) is proposed to be amended as follows:
21.105.040 Recycling processing facilities allowed in industrial zones.
Recycling processing facilities shall be allowed in industrial zones upon approval of a conditional
use permit pursuant to Chapter 21.50 21.42 and subject to the following:
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ATTACHMENT 4
AMENDMENTS TO CHAPTER
| List of Sections in Chapter 21.110|
The list of sections in Chapter 21.110 (Floodplain Management Regulations) is proposed to be amended
as follows:
Sections:
21.110.010 Statutory authorization.
21.110.020 Reserved Findings of fact.
21.110.030 Statement of purpose.
21.110.040 Methods of reducing flood losses.
21.110.050 Definitions.
21.110.060 Lands to which this chapter applies.
21.110.070 Basis for establishing the areas of special flood hazard.
21.110.080 Compliance.
21.110.090 Abrogation and greater regulations.
21.110.100 Interpretation.
21.110.110 Warning and disclaimer of liability.
21.110.120 Severability.
21.110.130 Special use perniit.
21.110.135 Findings for Approval
21.110.140 Designation of floodplain administrator.
21.110.150 Duties and responsibilities of the floodplain administrator.
21.110.160 Standards of construction.
21.110.170 Standards for utilities.
21.110.180 Standards for subdivisions.
21.110.190 Standards for manufactured homes.
21.110.200 Floodways.
21.110.210 Coastal high hazard areas.
21.110.220 Mudslide (i.e., mudflow) prone areas.
21.110.230 Flood-related erosion-prone areas.
21.110.240 Appeals.
21.110.250 Conditions for variances.
21.110.020]
Section 21.110.020 (Floodplain Management Regulations, Findings of fact) is proposed to be amended as
follows:
21.110.020 Reserved Findingo of fact.
(a) The flood hazard areas of the city arc subject to periodic inundation which results in loss
of life and property, health and safety hazards, disruption of commerce and governmental services,
extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of
which adversely affect the public health, safety and general welfare.
(b) These flood losses aro caused by the cumulative effect of obstructions in areas of special
flood hazards which increase flood heights and velocities, and when inadequately anchored, damage uses
in other areas. Uses that are inadequately floodproofod, elevated or otherwise protected from flood
damage also contribute to the flood loss.
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ATTACHMENT 4
21.110.030
Section 21.110.030 (Floodplain Management Regulations, Statement of purpose) is proposed to be
amended as follows:
21.110.030 Statement of purpose.
(a) The floodplain management regulations are necessary due to the following facts:
II) The flood hazard areas of the city are subject to periodic inundation that may result
in loss of life and property, health and safety hazards, disruption of commerce and governmentai
services, extraordinary public expenditures for flood protection and relief, and impairment of the
tax base, all of which adversely affect the public health, safety and general welfare.
(2) These flood losses are caused by the cumulative effect of obstructions in areas of
special flood hazards that increase flood heights and velocities, and when inadequately anchored,
damage uses in other areas. Uses that are inadequately flood-proofed, elevated or otherwise
protected from flood damage also contribute to the flood loss.
{b) It is the purpose of this chapter to promote the public health, safety and general welfare,
and to minimize public and private losses due to flood conditions in specific areas by provisions
designed:
(1) To protect human life and health;
(2) To minimize expenditure of public money for costly flood-control projects;
(3) To minimize the need for rescue and relief efforts associated with flooding and generally
undertaken at the expense of the general public;
(4) To minimize prolonged business interruptions;
(5) To minimize damage to public facilities and utilities such as water and gas mains,
electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard;
(6) To help maintain a stable tax base by providing for the second use and development of
areas of special flood hazard so as to minimize future flood blight areas;
(7) To insure that potential buyers are notified that property is in an area of special flood
hazard;
(8) To insure that those who occupy the areas of special flood hazard assume responsibility
for their actions; and
(9) Recognize floodplain areas as potential open space resources and encourage compatible
open space uses wherever possible.
Section 21.110.130 (Floodplain Management Regulations, Special use permit) is proposed to be amended
as follows:
21.110.130. Special use permit.
A special use permit shall be obtained in addition to any other required permits or entitlements
before construction or development begins within any area of special flood hazards, areas of flood-related
erosion hazards or areas of mudslide (i.e., mudflow) hazards established in Section 21.110.070. The filing
fees for a special use permit shall be in an amount as the city council may by resolution establish.
Applications for a special use permit shall be made on forms furnished by the planning director
floodplain administrator and may include, but not be limited to, plans in duplicate drawn to scale showing
the nature, location, dimensions and elevation of the area in question; existing or proposed structures, fill,
storage of materials, drainage facilities; and the location of the foregoing. Specifically, the following
information is required:
(1) Proposed elevation in relation to mean sea level, of the lowest floor (including basement)
of all structures; in zone AO or VO, elevation of highest adjacent grade and proposed elevation of lowest
floor of all structures;
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ATTACHMENT 4
(2) Proposed elevation in relation to mean sea level to which any structure will be
floodproofed;
(3) All appropriate certifications listed in Section 21.110.150(D) of this chapter;
(4) Description of the extent to which any watercourse will be altered or relocated as a result
of proposed development;
(5) Environmental impact assessment (one copy only); and
(6) Environmental impact report (twenty copies), if required.
21.llO.135J
Section 21.110.135 is proposed to be added to Chapter 21.110 (Floodplain Management Regulations) as
follows:
21.110.135 Findings for approval.
(a) A special use permit required by this chapter may be approved or conditionally
approved only if the following findings are made:
(1) The project is consistent with the general plan, local coastal program, the
requirements of this chapter, and any other applicable requirement of this code.
(2) The site is reasonably safe from flooding.
(3) The project is designed to minimize the flood hazard to the habitable portions of the
proposed structure.
(4) The proposed project does not create a hazard for adjacent or upstream properties
or structures.
(5) The proposed project does not create any additional hazard or cause adverse
impacts to downstream properties or structures.
(6) The proposed project does not reduce the ability of the site to pass or handle a base
flood of 100-year frequency.
(7) The cumulative effect of the proposed project when combined with all the other
existing, proposed, and anticipated development will not increase the water surface elevation of the
base flood more than one foot at any point.
(8) The project is contingent upon compliance with other federal and state regulations
as required.
21.110.140)
Section 21.110.140 (Floodplain Management Regulations, Designation of floodplain administrator) is
proposed to be amended as follows:
21.110.140 Designation of floodplain administrator.
The Planning Commission is appointed as the floodplain administrator, to administer and
implement this chapter by granting or denying special UGO permits in accordance with its provisions and
upon the advice of the city engineer.
Section 21.110.150(1) (Floodplain Management Regulations, Duties and responsibilities of the floodplain
administrator) is proposed to be amended as follows:
21.110.150 Duties and responsibilities of the floodplain administrator.
The duties and responsibilities of the floodplain administrator shall include, but not be limited to:
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ATTACHMENT 4
(1) Permit ReviewAuthority. The floodplain administrator may approve, conditionally
approve or deny a special use permit required by this chapter upon the advice of the city engineer.
(A) Review all special uso permits to determine that tho permit requirements of this chapter
have been satisfied;
(B) All other required state and federal permits have boon obtained;
(G) The site is reasonably safe from flooding;
(B) The proposed development does not adversely affect the carrying capacity of areas where
base flood elevations have been determined but a floodway has not been designated. For purposes of this
chapter, "adversely affects" means that the cumulative effect of the proposed development when
combined with all other existing and anticipated development will not increase the water surface elevation
of the base flood more than one foot at any point.
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ATTACHMENT 4
AMENDMENTS TO CHAPTER
'21.201.085
Section 21.201.085 (Coastal Development Permit Procedures, Minor coastal permits for second dwelling
units) is proposed to be amended as follows:
21.201.085 Minor coastal permits for second dwelling units.
A. The planning director may issue minor coastal permits for second dwelling units in the
coastal zone which comply with the following criteria:
1. The development is consistent with Section 21.10.044030 of this title and the certified
local coastal program as defined in Section 30108.6 of the Coastal Act.
2. The development has no adverse effect individually or cumulatively on coastal resources
or public access to the shoreline or along the coast.
B. The director shall give written notice of pending development decision after the
application is complete, at least fifteen working days prior to the decision on the application as follows:
1. Contents. The notice shall include: a statement of a public comment period of at least
fifteen working days sufficient to receive and consider comments submitted by mail prior to the date
established for the decision.
2. Recipients. The notice shall be sent by first class mail to:
a. Any person requesting to be on the mailing list for the project or for coastal decisions;
b. All property owners and residents within one hundred feet of the project perimeter;
c. The Coastal Commission; and
d. The applicant.
C. The planning director may approve, approve with conditions or deny the permit. The
director's decision shall be based upon the requirements of, and shall include specific factual findings
supporting whether the project is or is not in conformity with Section 21.10.030 of this title and- the
certified local coastal program (and, if applicable, with the public access and recreation policies of
Chapter 3 of the Coastal Act).
The planning director's decision shall be made in writing. The date of the decision shall be the
date the writing containing the decision or determination is mailed or otherwise delivered to the person or
persons affected by the decision or determination. The planning director shall provide a notice of final
local action in accordance with Sections 21.201.160 and 21.201.170 of this code, in addition to the
director's written decision.
D. Minor coastal permits for second dwelling units are not appealable to the planning
commission or city council.
21.201:210
Section 21.201.210 (Coastal Development Permit Procedures, Extensions) is proposed to be amended as
follows:
21.201.210 Extensions.
Not more than ninety or loss than forty five days pPrior to the expiration of a coastal
development permit the permittee may apply to the director for an extension of the permit. The
application for an extension shall be processed pursuant to the provisions of this chapter. An extension
shall be approved only if it is found that there has been no change of circumstances in relation to coastal
resources per Section 13169 of the California Code of Regulations since the original granting of the
permit. If the director finds that there has been a change of circumstances in relation to coastal resources
since the original granting of the permit the application for the extension shall be denied or conditionally
approved. The decision of the director may be appealed pursuant to the provisions of Section
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ATTACHMENT 4
2i.201.080(D). If a complete application for an extension has been timely filed, the planning commission
or the city council on appeal may grant the extension after the expiration date; provided, that the final
decision is made not later than forty five days after the expiration date.
75
ATTACHMENT 4
AMENDMENTS TO CHAPTER' :' 'VV , , . ' • , • ) -.
21.204.080
Section 21.204.080.C (Coastal Shoreline Development Overlay Zone, Mechanism for guaranteeing public
access) is proposed to be amended as follows:
C. Procedure._Ceopies of the recorded document, title report, and permit shall be forwarded
to the California Coastal Commission by the applicant within ten days after submission of the recorded
document for preparation of the coastal access inventory as required by Section 30530 of the Coastal Act.
The accepting agency or Commission staff may make minor revisions to the documents (such as
corrections in the legal descriptions, minor revisions to the location and use of the accessways in order to
open the area up for public use) to assure that the public right-of-access along dry sandy beaches, bluff
top parcels, or the vertical accessways is protected and capable of being implemented.
21.204.120]
Section 21.204.120 (Coastal Development Permit Procedures. Waiver of public liability) is proposed to
be amended as follows:
21.204.120 Waiver of public liability.
As part of the coastal development permit for a coastal shoreline development, the following
requirement shall be completed:
That prior to the transmittal of the coastal development permit, the applicant shall submit to the
planning director a deed restriction for recording, free of prior liens except for tax liens, that binds the
applicant and any successors in interest. The form and content of the deed restriction shall be subject to
the review and approval of the planning director. The deed restriction shall provide:
A. That the applicants understand that the site may be subject to extraordinary hazard from
waves during storms, from erosion, and from landslides, and the applicants assume the liability from
those hazards;
B. The applicants shall unconditionally agree to indemnify and hold the city waive any
claim of liability on the part of the California Coastal Commission or the city for harmless from liability
for any damage from such hazards; and
C. The applicants understand that construction in the face of these probable hazards may
make them ineligible for public disaster funds or loans for repair, replacement or rehabilitation of the
property in the event of storms and landslides.
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ATTACHMENT 4
AMENDMENTS TO CHAPTER 21.208
21.208.050]
Section 21.208.050 (Commercial/Visitor-Serving Overlay Zone Uses permitted by conditional use
permit) is proposed to be amended as follows:
21.208.050 Uses permitted by conditional use permit.
Commercial/visitor-serving uses may be permitted within the overlay zone by approval of a
conditional use permit pursuant to this chapter, excluding outdoor dining (incidental), which is subject
to an administrative permit pursuant to Section 21.26.013 of this title. Conditional uses otherwise
allowed by underlying zoning designations, within the overlay zone, that are not commercial/visitor-
serving uses, are not subject to this chapter. Where the underlying zoning authorizes conditionally
approved uses (other than commercial/visitor-serving uses) Chapter 21.50 21.42, not this chapter, applies.
21.208.060j
Section 21.208.060.D (Commercial/Visitor-Serving Overlay Zone, Prohibited uses) is proposed to be
deleted:
ft Incidental outdoor dining areas (which waive parking requirements for small outdoor
eating areas up to four hundred square foet in size) are prohibited. All indoor and outdoor eating areas
shall provide parking as required by Section 21.208.100(A)(1) of this chapter.
21.208.100j
Sections 21.208.100.A.4 and 21.208.100.A.5 (Commercial/Visitor-Serving Overlay Zone, Development
standards) is proposed to be amended as follows:
4. Restaurant. One space/one hundred square feet of gross floor area up to two thousand
square feet. Two thousand square feet or greater: twenty spaces plus one space/fifty square feet in excess
of two thousand square feet. Space used for outdoor dining (incidental), pursuant to Section
21.26.013 of this title, shall be exempt from these parking requirements. Outdoor eating areas require
ono spaco/ono hundred square feet of gross floor area specifically designed, designated and approved for
outdoor dining. Recommended design features include adequate shuttle bus circulation and passenger
drop-off/pick-up facilities in addition to tour bus/passenger bus parking provisions.
5. Coffee Shop/Beverage-Serving Use/Delicatessen. One space/three hundred square feet of
gross floor area excluding seating areas for eating and/or drinking. Indoor and outdoor Sseating areas
shall park at one space/one hundred square feet of area. Space used for outdoor dining (incidental),
pursuant to Section 21.26.013 of this title, shall be exempt from these parking requirements.
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ATTACHMENT 4
eb. That the remaining side yard shall be not less than twenty-five percent of the total lot
width measured at the front setback Iinea7
c. That the building permit application and other permit applications required by this
code (if any) for the project shall include a site plan that shows the proposed building location,
parking, and side yard setback for both lots common with the proposed zero foot side yard, to the
satisfaction of the planning director, and
d. That an easement or other recorded agreement for maintenance purposes be
granted to provide access to the adjoining lot when there is no side yard.
20