HomeMy WebLinkAbout2001-07-18; Planning Commission; Resolution 49581
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~ PLANNING COMMISSION RESOLUTION NO. 4958
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A ZONE CODE AMENDMENT FOR A
COMPREHENSIVE AMENDMENT TO THE PLANNED
DEVELOPMENT ORDINANCE, CHAPTER 21.45, TITLE 21,
CARLSBAD MUNICIPAL CODE
CASE NAME: AMENDMENT TO PLANNED DEVELOPMENT
ORDINANCE
CASE NO: ZCA 01-01
WHEREAS, the Planning Director has prepared a proposed Zone Code
Amendment pursuant to Section 21.52.020 of the Carlsbad Municipal Code to comprehensively
amend the Planned Development Ordinance, Title 21, Chapter 21.45 to: 1) modify
residential development and design standards to achieve the development of more livable
neighborhoods; 2) modify development standards to ensure that homes are in better scale
to lot sizes; and, 3) create a user-friendly document that provides clear and detailed
development standards and procedures for the development of small-lot, single-family and
two-family/multiple-family ownership dwelling units.; and
WHEREAS, the proposed amendment is set forth in the draft City Council
Ordinance, Exhibit “X” dated, June 20, 2001, and attached hereto AMENDMENT TO
PLANNED DEVELOPMENT ORDINANCE - ZCA 01-01; and
WHEREAS, the Planning Commission did on the 6th day of June, 2001, on the
20th day of June 2001, and on the 18th day of July 2001 hold a duly noticed public hearing as
prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the Zone Code Amendment; and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission as follows:
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A) That the foregoing recitations are true and correct.
B)
Findinps:
That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of AMENDMENT TO PLANNED
DEVELOPMENT ORDINANCE - ZCA 01-01, based on the following
findings:
1. That the proposed Zone Code Amendment ZCA 01-01 is consistent with the General
Plan in that it directly implements goals, objectives and implementing programs
related to enhancing the appearance and diversity of small-lot, single-family and
two-family/multiple-family ownership neighborhoods.
2. That the proposed ZCA reflects sound principles of good planning in that development
standards are proposed to create neighborhood environments where neighborhoods
are designed with a focus on residents instead of the automobile by providing:
homes that exhibit visual diversity, pedestrian-scale and prominence to the street;
pedestrian friendly, tree-lined streets; walkways to common destinations such as
schools, parks and stores; and centrally-located neighborhood gathering places.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, held on the 18th day of July 2001, by the following vote,
to wit:
AYES: Commissioners Baker, Compas, Heineman, Nielsen, and Trigas
NOES: Chairperson Segall
ABSENT: Commissioner L’Heureux
ABSTAIN:
QQ
CARLSBL PLANNING COMMISSION
ATTEST:
Planning Director
PC RESO NO. 4958 -2-
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EXHIBIT ‘X
June 20,200l
CITY COUNCIL ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, ADOPTING A ZONE CODE AMENDMENT
FOR A COMPREHENSIVE AMENDMENT TO THE PLANNED
DEVELOPMENT ORDINANCE CHAPTER 21.45, TITLE 21, OF THE
CARLSBAD MUNICIPAL CODE
CASE NAME: AMENDMENT TO PLANNED DEVELOPMENT
ORDINANCE
CASE NO: ZCA 01-01
The City Council of the City of Carlsbad does ordain as follows:
SECTION 1: That Title 21, Chapter 21.45 is amended to read as follows:
TITLE 21
PLANNED DEVELOPMENTS
CHAPTER 21.45
21.45010 21.45.020
21.45.030 21.45.040
21.45.050 21.45.060
21.45.070 21.45.080
21.45.090
21.45.100
21.45.110
21.45.120 21.45.130
21.45.140
21.45.150
21.45.160
21.45.170
Intent and Purpose Applicability
Definitions Permitted Zones and Uses
Application and Permit Procedures
General Development Standards
Small-lot, Single-Family and Two-Family Dwelling Development Standards Multiple-Dwelling Development Standards
Residential Additions and Accessory Uses
Amendments to Permits
Conversion of Existing Buildings to Planned Developments
Expiration, Extension, Revisions Proposed Common Ownership Land or Improvements
Maintenance Failure to Maintain
Model Homes
Restriction on Reapplication for a Planned Development Permit
21.45.010 Intent and Purpose
The purpose of the Planned Development ordinance is to:
A. Recognize the need for a diversity of housing and product types;
B. Provide a method for clustered property development that recognizes that the impacts of
environmentally and topographically constrained land preclude the full development of a site as a standard single-family subdivision;
C. Establish a process to approve the following: separate ownership of dwelling units with lots or exclusive use areas of less than 7,500 square feet in size, or as otherwise allowed by the
underlying zone; condominium ownership in multiple-unit buildings, and conversion of existing, residential
development to condominiums;
D. Allow the development of small-lot subdivisions in existing R-l neighborhoods when the proposed site is contiguous to a higher intensity land use or an existing project of comparable or higher
density;
E. Permit the development of small-lot subdivisions in multi-family zones as an alternative
product type to attached dwelling units, and;
F. Encourage and allow more creative and imaginative design by including relief from
compliance with standard residential zoning regulations. To offset this flexibility in development
standards, planned developments are required to incorporate amenities and features not normally required of standard residential developments.
21.45.020 Applicability
A. A planned development permit is required for the development of single-family lots or exclusive use areas of less than 7,500 square feet or as otherwise allowed by the underlying zone,
attached condominiums, and the conversion of existing residential development to condominiums. These
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regulations do not apply to attached residential units proposed for inclusion as part of a commercial
development project.
B. Any application for a planned development permit that was deemed complete prior to the effective date of the ordinance reenacting this chapter, shall not be subject to the amended provisions of
this chapter but shall be processed and approved or disapproved pursuant to the ordinance superseded
by the ordinance codified in this chapter.
C. Enlargement of buildings that are legally non-conforming is permitted provided that such
enlargement does not increase the floor space more than 40% of that existing prior to such enlargement and that the new addition complies with the new setback and lot coverage requirements of this chapter.
D. If there is a conflict between the regulations of this chapter and any regulations approved as part of the City’s certified local coastal programs, a redevelopment master or specific plan, the
regulations of the local coastal program, or the master or specific plan shall prevail.
E. A planned development permit shall apply to residential projects only. The City Council,
Planning Commission or Planning Director, as provided in this chapter may approve a permit for a
planned development in any residential zone or combination of zones subject to the requirements thereof
except as they may be modified in accord with this chapter. When approved, a planned development
permit shall become a part of the zoning regulations applicable to the subject property. F. In granting a planned development permit, the Planning Commission or City Council may
modify the plan or impose such conditions as it deems necessary to protect the public health, safety and
general welfare. Any development standards of the underlying zone in which the property is situated, including yards, parking, coverage, signs, fences and walls, may be modified by the Planning
Commission or City Council as necessary to accomplish the purposes of this chapter.”
21.45.030 Definitions
Whenever the following terms are used in this chapter, they shall have the meaning established by this section:
A. “Condominium project” means a common interest subdivision defined by Sections 1350- 1376 of the California Government Code.
B. “Driveway (SF)” means an improved surface on private property intended for vehicular
access from a public/private street to open/enclosed parking for a detached single-family home. C. “Driveway (Project)” means an improved surface on private property intended for shared
vehicular access from a public/private street to open/enclosed parking for two or more residential units. D. “Duplex” means two homes on one lot attached by a common wall and under common
ownership. Duplex may be converted to individual ownership with approval of a planned development permit.
E. “Net pad area” means the building pad of a lot excluding all natural or manufactured slopes greater than three feet in height except intervening manufactured slopes between split-level pads
on a single lot.
F. “Planned developmenr means a form of development usually characterized by a unified
site design for a number of housing units, clustering buildings, and providing common open space,
recreation and streets.
G. ‘Twin-home” means two homes attached by a common wall where each home and lot or
exclusive use area has separate ownership.
21.45.040 Permitted Zones and Uses. A. Permitted Zones. The Planning Director, Planning Commission or City Council may
approve a permit for a planned development in the R-l, R-2, R-3, RD-M, R-W and P-C residential zones
or combination of zones subject to the requirements of this chapter. When approved, a planned development permit shall become the zoning regulations applicable to the subject property.
B. Permitted Uses. In addition to any principal use, accessory use, transitional use or
conditional use permitted in the underlying zone, planned developments that are proposed in the
following residential zones may include the following residential uses listed in Table A, Permitted
Residential Uses below:
Ill
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Table A
Permitted Residential Uses
Zone
R-l
R-2
R-3
RD-M
Single-family Two-Family Dwelling Multiple Dwelling
Detached Dwelling
x (1) x (2) N/A
X X x (2)
X X X
X X X
P-C (3) X X X
Accessory Uses (4) X X X
(1) When the project site is contiguous to a higher intensity land use or an existing project of comparable or higher density. (2) Only permitted when the proposed project site is contiguous to a lot or lots zoned R-3, R-T, R-P, C-l, C-2, C-M or M,
but in no case shall the project site consist of more than one lot nor be more than 90 feet in width, whichever is less. (3) Permitted uses shall be consistent with the master plan. (4) Refer to Table F for specific uses.
21.45.050 Application and Permit
The application for a planned development permit shall be made in writing on the form provided
by the Planning Department. The application shall include a site plan, building elevations and floor plans
addressing all development standards and design requirements as contained in this chapter and shall be
accompanied by the required fee in an amount specified by City Council resolution. The application for a
planned development shall state whether the applicant intends to develop the project as a planned development or condominium project and the proposed method of land division (i.e.; postage stamp lots,
air-space condominiums).
A. Processinq Procedures. Table B, Required Processing Procedures, identifies required procedures for Minor (4 or fewer dwelling units) and Major (5 or more dwelling units) permits.
Topic
Decision-Making Body
or Official
Map Required
Table B Required Processing Procedures
Minor Major
Planning Director Planning Commission (up to 50
DU); Council City (more than 50
DU)
Minor Subdivision Map (See Title 20, Major Subdivision Map (See Title
Required Findings
Public Notice Required
Chapter 20.24) 20, Chapter 20.21)
See Section 21.45.050(B) See Section 21.45.050(B)
See Title 20, Chapter 20.24. Section Chapter 21.54, Section
Public Hearing Required
Appeals
20.24.115 . 21.54.060(l)
No Yes
See Chapter 21.54, Section See Chapter 21.54 1 21.54.140
‘I B. Required Findinas. The Planning Director, Planning Commission or City Council shall
approve or conditionally approve a planned development permit only if it finds that both of the following
facts exist. 1. The proposed project complies with all applicable development standards included within
this chapter. 2. The proposed project density, site design and architecture are compatible with
surrounding development.
21.45.060 General Development Standards. All planned developments shall comply with the general development standards specified in Table C
below. Specific standards applicable to small-lot, single-family/two-family dwelling and multiple-dwelling
condominium projects can be found in Tables D and E, respectively.
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Density
Arterial
Setbacks
Building
Setbacks
Permitted
On
Private/Public Streets
Intrusions dwelling unit, (including, but not limited to, cornices, eaves, belt courses, sills, buttresses
into Setbacks and fireplaces) may intrude up to 2 feet into required building setbacks.
Visitor l 10 units or less: 1 space for each 2 units or fraction thereof Parking/ l 11 units or more: 5 spaces for the first 10 units, plus 1 space for each 4 units above
10
l In cases where a fractional parking space is required, the required number of spaces
shall be rounded to the nearest highest whole number.
l Visitor parking may be provided: (1) along both sides of a minimum 34-foot wide private/public street or (2) in perpendicular bays. When visitor parking is provided
on-street, not less than 24 lineal feet per space, exclusive of driveway entrances and driveway aprons, shall be provided for each parking space, except where parallel
parking spaces are located immediately adjacent to driveway aprons, then 20 lineal feet may be provided.
l Visitor parking must be provided in parking bays.
Private Minimum 34 feet wide (curb-to-curb) with parkways (minimum 5.5’ wide) and sidewalks
Streets (minimum 5’ wide) on both sides of the street.
Public Streets Minimum 34 feet wide (curb-to-curb) with parkways (minimum 7’ wide) and sidewalks
Driveways
Table C I
General Development Standards Applicable to All Planned Developments
Per the underlying General Plan designation. When two or more general plan land use designations existwithin a planned development, the density may not be transferred from
one general plan designation to another without a general plan amendment.
All dwelling units and accessory structures adjacent to any arterial road shown on the Circulation Element of the General Plan shall maintain the following minimum setbacks
from the right-of-way:
Prime Arterial 50 Feet
Major Arterial 40 Feet Secondary Arterial 30 Feet
Carlsbad Boulevard 20 Feet
An average of 50% of the required setback area that is located closest to the arterial
shall be landscaped to enhance the streetscene and buffer homes from traffic on
adjacent arterials. Project perimeter walls shall not be located in the landscaped buffer. The landscaped buffer shall contain a minimum of one 24” box tree for every 30 lineal
feet of street frontage. This arterial landscape setback shall be commonly-owned and
maintained by the homeowners’ association.
All setbacks shall be measured from the property line, from the back of sidewalk or from
the edge of the project driveway, whichever is closest to the structure.
Projecting architectural features, which do not increase the useable living area of a
Parkways with Street
Trees
Driveway
(Project)
(minimum 5’ wide) on both sides of the street.
Minimum 5.5 feet wide parkways are required along both sides of private streets. For
small-lot, single-family and two-family projects, a minimum of one street tree (24 inch
box) per lot is required to be planted in the parkway along all streets. For multi-family
projects, street trees shall be spaced no further apart than 30 feet on center within the
parkway. Tree species should be selected to create a unified image for the street, provide an effective canopy, avoid sidewalk damage and minimize water consumption.
l Minimum 24 feet wide with no parking permitted in travel way.
l Additional width may be required for maneuvering area in front of garages, carports
or uncovered parking spaces or to provide transition to a driveway approach.
l No more than 20 single-family/two-family dwelling units shall be located along a
single-entry driveway.
l Parkways/sidewalks may be required.
l Driveways in motor courts shall be constructed of concrete.
l All driveways/motor courts shall be accented with enhanced pavement treatment.
Dwelling Unit All dwelling units shall be set back a minimum 5 feet from open parking areas.
Setback from
Open Parking
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Screening of
Parking
Areas
Community
Recreational
Space
Recreation
Area Parking
Lighting
Utilities
Recreational
Vehicle
Storage
Storage
Space
Antennas
All open parking areas shall be screened from adjacent residences and public rights-of-
way by either a view-obscuring wall or landscaping.
All projects of more than IO dwelling units shall provide 200 square feet of centralized,
community recreational space per unit. Projects with 25 or fewer units shall provide
passive pi active recreation facilities; projects with more than 25 units shall provide both
passive 8ncJ active recreational facilities with a minimum of 75 percent of the area
allocated for active facilities. Projects of more than 50 units shall provide recreation
facilities for a variety of age groups. Examples of recreation facilities include, but are not limited to, the following:
Active: Swimming pool with cabana, children’s playground equipment, spa, tennis court, racquetball court, volleyball court, basketball court, recreation rooms or
buildings, horseshoe pits, pitch and putt, grassy play areas a minimum of 100
feet by 100 feet and any other facility deemed by the Planning Director to satisfy
the intent of providing active recreational facilities.
Passive: Benches, barbecues, community gardens, or grassy play areas with a slope of
less than 5%.
l Credit for indoor recreation facilities shall not exceed 25% of the required centralized
community recreation area.
l Required recreation areas shall not be located in any required front yard and may not
include any driveways, parking areas, walkways, storage areas, or any slopes of 5%
or greater.
l For single-family or two-family projects of 50 units or more, at least 25 percent of the
common recreation space must be provided as pocket parks. Pocket park lots must have a minimum width of 50 feet and be located at strategic locations such as street
intersections (especially “T-intersections”) and where open space vistas may be achieved.
1 space for each 15 residential lots or fraction thereof for lots located more than 1,000
feet from a centralized community recreation center lot.
Lighting adequate for pedestrian and vehicular safety shall be provided.
Separate utility systems shall be provided for each unit.
l Required for projects with 25 or more units
l 20 square feet per unit exclusive of area required for driveways and approaches
l Developments located within master plans or residential specific plans may have this
requirement met by the common RV storage area provided by the master plan or residential specific plan.
l The storage of recreational vehicles shall be prohibited in the front yard setback and
on any public or private streets or any other area visible to the public. A provision containing this restriction shall be included in the covenants, conditions and
restrictions for the project. All RV storage areas shall be landscaped to screen
vehicles to the maximum extent feasible.
480 cubic feet of separate storage space per unit. If all storage for each unit is located in
one area, the space may be reduced to 392 cubic feet. This space shall be separately enclosed for each unit and be conveniently accessible to the outdoors. The space may
be designed as an enlargement of the required covered parking structure provided it does not extend into the area of the required parking stall. This requirement is in addition
to closets and other indoor storage areas.
Each project shall have a master antenna and/or a cable television hookup. Antennas
are permitted subject to the provisions of Chapter 21.53 of this code and any applicable federal regulations.
21.45.070 Small-lot, Single-family and Two-Family Dwelling Development Standards
A. In addition to the General Development Standards found in Table C, planned
developments that include single-family or two-family dwelling product types shall comply with the
following development standards found in Table D, Small-Lot, Single-family and Two-Family Dwelling
Development Standards.
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Table D
Small-Lot. Single-Family and Two-Family Dwelling Development Standards
Standard
Livable Neighborhood Policy
Architectural Requirements
Minimum Lot Size or Exclusive Use
Area
Maximum Lot Coverage
Minimum Lot Width “)
Maximum Building Height
Minimum Front Setback:
. From a private or public street (*)
. From a driveway (project)
Minimum Street Frontage
Minimum Street Side-Yard Setback
Requirement
Must comply with City Council Policy-, Principles for the
Development of Livable Neighborhoods
l Must comply with City Council Policy 44, Neighborhood Architectural Design Guidelines.
l Sinale-familv - 5,000 SF; except that lots sizes less than
5,000 SF to a minimum lot size of 3,500 SF may be
used when the site has a general plan designation of
RMH or RH and when unique circumstances such as
one of the following exists:
1) The project is for lower-income or seniors housing;
2) The site is located west of Interstate 5:
3) The dwelling units are designed with alley-loaded garages; or
4) The site is either located contiguous to a Circulation
Element roadway or within 1200 feet of a commuter
rail/ transit center, commercial center or employment
center.
l Two-family - 3,750 SF when developed as a twin home;
7,500 SF when developed as a duplex.
l 2 story homes - Lots equal to or greater than 5,000 SF,
40% of the net pad area; lots less than 5,000 SF, 50% of the net pad area
l 1 story homes - 50% of the net pad area
l Porches with no livable space above the porch and
Porte-cocheres no more than 20 feet in width and 6 feet in depth are exempt from lot coverage requirements.
l Single-family on lots equal to or greater than 5,000 SF -
50 feet;
l Single-family on lots less than 5,000 - 40 feet, 35 feet on cul-de-sac
l Two-family - 35 feet when developed as a twin home;
70 feet when developed as a duplex.
Maximum 30 feet and two stories if a minimum roof pitch of
3/12 is provided or 24 feet and two stories if less than a 3/12
roof pitch.
l Covered front porch - 8 feet
l Residence - 12 feet average (3), 10 feet minimum
l Side-entry garage - 10 feet
l Direct entry garage - 20 feet
l Residence - 8 feet, fully landscaped
l Garage - 5 feet
l Garages facing directly onto a project driveway shall be
equipped with an automatic garage door opener.
On sharply curved streets or cul-de-sacs - 35 feet. This
frontage may be reduced to a minimum of 25 feet if
adequate guest parking (that does not directly back onto the
street) is provided near the end of the cul-de-sac in parking
bays or another acceptable manner. Such lots must reach a width of 35 feet at some point near the middle of the lot.
IO feet; 20 foot setback required for garages that face a
street side yard
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Standard
Minimum Side-Yard Setback
Requirement
n Two-story homes on lots with a minimum width of 60 feet and all one-story homes regardless of lot width shall have
a minimum side yard setback equal to 10% of the lot
width on each side.
. All two-story homes on lots that are 60 feet wide shall have a combined minimum sideyard setback equal to
25% of the lot width with a minimum sideyard setback of 5 feet
= Zero lot line homes may reduce one side yard setback to 0 feet provided that the other sideyard setback is equal to
20% or 25% of the lot width as required herein
Min. Rear Yard Setback l 20% of lot width . Garages located on the rear half of . 5 feet from rear property line
the lot l Any second story living space above a garage shall observe a minimum 10 foot setback from the rear
property line.
Recreational Space l Projects of I-IO dwelling units - 25 feet x 25 feet of . Private Rear Yard useable rear yard with no slope gradient greater than 5
percent.
l Projects of more than 10 dwelling units - 18 feet x 18 feet of useable rear yard with no slope gradient greater . Common recreation than 5 percent.
l Alley-loaded projects - 15 feet x 15 feet of useable side
yard with no slope gradient greater than 5 percent.
l Projects of more than 10 dwelling units - See General
Standards, Table C
Tandem Visitor Parking Credit Credit for one 1 tandem visitor parking space in front of a
garage may be given for:
l Existing two-family homes that are proposed to be converted to condominiums provided that the garage is
set back a minimum of 20 feet from the front property
line; and
Resident Parking
l Single-family or two-family homes lots with a driveway
that is equal to or greater than 40 feet in length.
Two car garage (minimum 20 feet x 20 feet)
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Standard
Garages
Requirement
l On a project basis, garages for single-family or two- family homes dwelling units shall be sited as follows:
a. For a project with 3 floor plans: . A minimum of 33% of all units shall include
garages that are recessed a minimum of 5 feet behind the front house fagade;
. An additional 33% of all units shall include garages that are alley-loaded or located a
minimum of 30 feet behind the front property
line;
. A maximum of 33% of all units may be side- loaded or project 6 feet forward of the front
house facade provided that the garages do not
exceed 50% of the total house frontage.-
b. For a project with 4 or more floor plans:
. A minimum of 50% of all units shall include
garages that are recessed a minimum of 5 feet
behind the front house facade;
. An additional 25% of all units shall include
garages that are alley-loaded or located a
minimum of 30 feet behind the front property
line;
m A maximum of 25% of all units may be side-
loaded or project 6 feet forward of the front house fagade provided that the garages do not
exceed 50% of the total house frontage.
b. No more than 12.5% of the total project units may
include three-in-a-row car garages that directly face
the street. Three-in-a-row garages that directly face the street are defined as garages having space for
three cars whether constructed as 3 one-car garages located adjacent to each other or
constructed as a two-car garage separated from a
one-car garage with all garage doors directly parallel
to the street. Garages that are recessed 20 feet
back from the forward-most plane of the house are
exempt from this provision. Such garages may occur only when they do not exceed 40% of the
width of the home along the street frontage. The
garages must have a plane change of a minimum of
18 inches between the two-car and one-car
garages, This configuration must also break the roof plane with a design element such as a gable or
trellis.
In special circumstances, when lots less than 5,000 square feet in size are permitted in a planned development, three-in-a-row car garages may not be
used. Tandem garages are exempt from this requirement.
l 25% of all driveways for non-alley-loaded projects must
be designed as “Pasadena” driveways with grass or enhanced pavement in the middle 0 Driveways for side-loaded garages must incorporate
enhanced pavement to improve appearance.
(1) Lot width is measured is measured 20’ behind the front property line.
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(2) Setbacks are applicable to streets that include parkways and sidewalks along both sides. For existing streets without parkways, the front setback shall be as follows: Front porch - 15, Residence - 15’ (average), IO (minimum), Side-entry
garage - lo’, Direct entry garage - 20’. (3) The average front-yard setback is determined by adding together all of the unit front-yard setbacks (the setback for each unit should be measured from that element of each building, excluding projections, that is located closest to Ihe front property line) and dividing that total by the total number of project units.
21.45.080 Multiple-Dwelling Development Standards
A. In addition to the General Development Standards found in Table C, planned
developments that include multiple-dwelling units shall comply with the following development standards listed in Table E, Multiple-Dwelling Development Standards.
Mul
Standards
Livable Neighborhood Policy
Maximum Lot Coverage
Maximum Building Height
Minimum Building Setbacks
n Private or public street (I)
l Driveway (Project)
Architectural Design Elements
Table E Ile-Dwelling Development Standards
Requirement
Must comply with City Council Policy-, Principles for the
Development of Livable Neighborhoods
60% on a project basis
35 feet
l To front porch - 11 feet
l To residential structure- 15 foot average (*I
l To street side yard - 10 feet
l To side entry garage - 10 feet
l To direct entry garage - 20 feet
l Residence - 8 feet, fully landscaped
l Garage - 5 feet
l Garages facing directly onto a driveway shall be equipped with an automatic garage door opener.
l There shall be at least 3 separate building planes on all building elevations. The minimum offset in planes shall be 18
inches and shall include but not be limited to building walls,
windows, and roofs.
l Building facades shall incorporate a minimum of four of the
following types of design elements:
a. Covered front porches (may count toward meeting recreation
space requirements);
b. A variety of roof planes; c. Windows and doors recessed a minimum of 2 inches;
d. Paned windows and doors;
e. Exposed roof rafter tails;
f. Window and door lintels;
g. Dormers;
h. Accent and varied shape windows;
i. Exterior wood elements;
j. Raised stucco trim around windows and doors;
k. Accent materials such as brick, stone, shingles, wood or siding, and;
I. Knee braces
(1) Setbacks are applicable to streets that include parkways and sidewalks along both sides. For existing streets without parkways, the front setback shall be as follows: Front porch - 16 feet, residence - 20 foot minimum, side-entry garage - 10 feet, direct entry garage - 20 feet.
(2) The average front yard setback is determined by adding together all of the unit front yard setbacks (the setback for each unit should be
measured from that element of each building, excluding projections, that is located closest to the front property line) and dividing that total by the total number of project units
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Standards
Minimum Building Separation
Resident Parking
Visitor Parking
Compact Parking
Recreational Space: . Private
. Common
Requirement
20 feet average with a minimum of 10 feet between structures. No
structures (i.e.; stairs, stairwells, balconies etc.) are permitted to encroach into this setback.
l One 12 feet x 20 feet car garage and 1 covered or uncovered
space per unit
l Studio units - 1.5 spaces; 1 covered per unit
l 10 units or less: 1 space for each 2 dwelling units or fraction
thereof
l 11 units or more: 5 spaces for the first 10 units, plus 1 space
for each 4 dwelling units above 10
l Visitor parking spaces must be located no more than 150 ft. as
measured in a logical walking path from the entrance of the unit it could be considered to serve.
l Visitor parking must be provided in parking bays.
For projects of more than 25 units, up to 25 percent of visitor
parking may be provided as compact spaces (8 feet by 15 feet). No
overhang is permitted into any required setback area or over sidewalks less than 6 feet wide.
l Projects of I-10 dwelling units - 15 ft. x 15 ft. patio or 120 sq. ft. of balcony area.
l Projects of more than 10 dwelling units - 10 ft. x 10 ft. patiog
6 ft. x 10 ft. balcony
l Projects of more than 10 dwelling units - See General
Standards, Table C
21.45.090 Residential Additions and Accessory Uses
A. Residential Additions and Accessorv Uses. Table F includes a listing of Residential
Additions and Accessory Use Standards that are permitted based on the type of residential use, the type
of permit required and the required development standards.
Type of
Residential
Use
Res dential Additia
Type of Front Yard
Accessory Use Setback
Single-family Attached/
(SF), Two- detached Patio
family (TF) Covers
SF
SF, TF
Garages,
Workshops
Front yard Arbors
20 feet
20 feet
5 feet
Table F
s/Accesso Use Standar
Tiizskz
posts with
a permitted
2 foot
overhang
5 feet
posts with
a
permitted 2 foot
overhang
5 feet
5 feet NA
L
5
Require
Remarks d
top patio covers
may be located within the
required private
Addition
Open trellises or Building
arbors not
greater in size than 4 ft. x 6 ft. x
lOftor4ft.xlO ft. x the width of
the driveway if used over a
driveway
. ,
Front Yard
Setback
Type of
Residential Use
Type of
Accessory Use
SF, TF
SF, TF
SF, TF
SF
SF
SF, TF
SF, TF
Tool Sheds,
Decks over 30
inches in height
Porte-cochere
Room Additions,
Other Habitable Structures
Second Dwelling Units
Guest Houses
Pool, Spa
Satellite
Antenna
ng height is 14 feet v
20 feet
Must
observe
same setbacks as
home
Must comply with
all developme
nt
Standards
of Section
21.45.070
Must comply with
all developme
nt
standards
of Sections
21.10.015
and
21.45.070.
Must comply with
all
developme
nt
standards
of Section 21.45.070
20 feet
NA NA
ha 3:12 roof pit1 or IO feet with
Side Yard
Setback
5 feet
Must
observe
same
setbacks
as home
?
Rear Yard
Setback
Remarks
5 feet
NA
See (1)
5 feet -
pool
2 feet -
spa
5 feet -
pool 2 feet -
spa
NA
See (0 (2)
See (2) (3)
See (2), (3)
Equipment may
be placed in
required yards
subject to
Building Code requirements
NA
Require
d Permit
Building
lesidenti
II
Addition
lesidenti al
Addition
Second Dwelling
Unit
tesidenti
al
Addition
Building
See
Sections
21.53.1
40, 21.45.0
60
(2) Minimum 1 O-foot separation required between habitable structures.
(3) Must be architecturally compatible with the existing structure.
B. Residential Addition Permit. Application for a Planned Development Residential Addition
Permit (PDRAP) shall be made in accordance with the procedures set forth in this subsection. 1. Application Process. An application for a Planned Development Residential Addition
Permit may be made by the owners of the property or an authorized agent. The application for a
Residential Addition Permit all be made in writing on the form provided by the Planning Department and
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shall be accompanied by the required fee. The application shall include amended exhibits, graphics,
statements or other information as specified by the Planning Director.
2. Noticing. Upon the acceptance of a complete application and payment of the
required fees, the Planning Director shall notify at least 15 days prior to a decision on an application by
mail or personal delivery, all property owners as shown on the latest equalized assessment role and
located within 100 feet from the property line of the subject property. a. Written Objections. Any person so notified may file written objections or a
written request to be heard within 10 days after the mailing or personal delivery of the notice. If a written request to be heard is filed, the Planning Director shall schedule a hearing and provide written notice to
the applicant and the person who requested the hearing at least five days prior to the hearing. The hearing is not a public hearing and may be informal.
b. Notice of Decision. Notice of the Planning Director’s decision on a Residential
Addition Permit shall be mailed to the applicant within five days of the date of the decision. The Planning
Director may approve or conditionally approve the request if fl of the required standards are met. If a
hearing is held, he shall render his decision within 10 days after the conclusion of the hearing. The letter
shall also be sent to any person who requested notice or appeared at the hearing.
C. Appeal. Any decision of the Planning Director pursuant to this section may be appealed by any person to the Planning Commission in accordance with Chapter 21.54, Section
21.54.140 of this code.
21.45.100 Amendments to Permits. A. Amendments to a permit may be initiated by the property owner or an authorized agent or
by motion of the City Council, as follows:
1. Minor Amendment. A project revision may be considered and approved as a Minor
Amendment only if all of the following findings are made:
a. Density. The proposed revision does not increase the density (i.e. the addition of
units), decrease the density by more than IO%, or change the boundary of the subject property.
b. Addition of New Land Use. The proposed revision does not involve the addition
of a new land use not shown on the original permit (e.g. adding a commercial use to a residential project,
replacing single-family units with attached residential units, vice versa for each example, etc) c. Rearrangement of Land Uses. The proposed revision does not rearrange the
major land uses within the development (e.g., it does not exchange the locations of single-family units
with attached units).
d. Compliance with Standards. The proposed revision does not create changes of greater than 10% provided that compliance will be maintained with the applicable development standards
of the Carlsbad Municipal Code as follows:
1) Per individual lot or structure basis: Yards, setbacks, coverage or height
(except that height reductions of more than 10% are permitted);
2) On an aggregate project basis: Parking, open space, recreation or
landscaping areas.
e. Application Process. The application for a Minor Amendment shall be made in writing on the form provided by the Planning Department and shall be accompanied by the required fee.
The application shall include amended exhibits, graphics, statements or other information as may be
required to explain and justify the request.
f. Notice. If the Planning Director considers the amendment minor in nature the Planning Director shall give written notice by mail or personal delivery to all property owners within 300
feet of the subject property, as shown on the latest equalized assessment role, at least 15 days prior to a decision on an application.
g. Appeal. Otherwise, Any decision of the Planning Director pursuant to this section shall be processed, heard, and determined in accordance with Section 21.54.140 of this code.
2. Major Amendment. An application for a Major Amendment of a Planned
Development Permit shall be processed, heard and determined in the same manner as an application for
a Planned Development Permit. When necessary, the amendment shall be accompanied by an
amendment to the corresponding parcel map or tentative map.
21.45.110 Conversion of Existing Buildings to Planned Developments A. Applicabilitv. Any application for a condominium conversion, shall not be subject to the
amended provisions of this chapter but shall be processed and approved or disapproved pursuant to the ordinance in effect at the time that the original project was approved or constructed.
B. Buildina Plans and Gas/Electric Plan. An application for conversion of an existing structure to
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a planned development shall include building plans indicating how the building relates to present building and zoning regulations and where modifications will be required. Also, the application shall include a
letter from San Diego Gas and Electric explaining that the plans to connect the gas and electric system to
separate systems are acceptable. C. Notice to Tenants. In addition to all other required findings for a subdivision, the City Council
shall find that:
1. First Notice. Each of the tenants of the proposed condominium or planned development project has been or will be given 180 days written notice of intention to convert prior to
termination of tenancy due to the conversion or proposed conversion. The provisions of this subdivision shall not alter or abridge the rights or obligations of the parties in performance of their covenants,
including, but not limited to the provisions of services, payment of rent or the obligations imposed by
Section 1941, 1941.1 and 1941.2 of the Civil Code.
2. Right to Contract for Purchase. Each of the tenants of the proposed condominium or
planned development project has been or will be given notice of an exclusive right to contract for the
purchase of their respective units upon the same terms and conditions that such units will be initially
offered to the general public at terms more favorable to the tenant. The right shall run for a period of not
less than 90 days from the date of issuance of the subdivision public report pursuant to Section 11018.2 of the Business and Professions Code, unless the tenant gives prior written notice of his intention not to
exercise the right.
3. Relocation assistance. The subdivider shall provide relocation assistance equal to one month’s rent to any residential tenant who relocated from the building to be converted after receipt from the subdivider of the notification required by this chapter, except when the tenant has given notice of
his intent to vacate prior to receipt of the notification from the subdivider. Relocation assistance shall be provided no later than 15 days following the subdivider’s receipt of notification from the tenant of the
tenant’s intent to vacate unless other arrangements are made in writing between the tenant and the subdivider.
21.45.120 Expiration, Extension and Revisions
A. The expiration, extension or revision of a planned development of four or less lots or units
shall be governed by the provision of Section 20.24.160, 20.24.180 and 20.24.080 of this code. The expiration, extension or revision of a planned development of five or more lots or units shall be
governed by the provisions of Sections 20.12.100, 20.12.110 and 20.12.120 of this code regarding the expiration, extension or revision of a tentative map.
21.45.130 Proposed Common Ownership Land or Improvements
A. Where a planned development contains any land or improvement proposed to be held in
common ownership, the applicant shall submit a declaration of covenants, conditions and restrictions
(CC&Rs) with the final map. Such declaration shall set forth provisions for maintenance of all common
areas, payment of taxes and all other privileges and responsibilities of the common ownership. The
CC&Rs shall include provisions prohibiting the homeowners’ association from quitclaiming land in an
Association easement for ownership to private property owners thus allowing the homeowners to privatize a common area for his/her own use. The CC&RS shall be reviewed by and subject to approval of the
Planning Director.
21.45.140 Maintenance
A. All private streets, walkways, parking areas, landscaped areas, storage areas, screening
sewers, drainage facilities, utilities, open space, recreation facilities and other improvements not
dedicated to public use shall be maintained by the property owners. Provisions acceptable to the
Planning Director shall be made for the preservation and maintenance of all such improvements prior to the issuance of building permits.
21.45.150 Failure to Maintain A. Public Nuisance. All commonly-owned lots, improvements and facilities shall be preserved
and maintained in a safe condition and in a state of good repair. Any failure to so maintain is unlawful
and a public nuisance endangering the health, safety and general welfare of the public and a detriment to
the surrounding community. B. Removal of Public Nuisance. In addition to any other remedy provided by law for the abatement, removal and enjoinment of such public nuisance, the Public Works Director may, after giving
notice, cause the necessary work of maintenance or repair to be done. The costs thereof shall be assessed against the owner or owners of the project.
C. Notice of Maintenance Reauired. The notice shall be in writing and mailed to all persons
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whose names appear on the last equalized assessment roll as owners of real property within the project
at the address shown on the assessment roll. Notice shall also be sent to any person known to the Public Works Director to be responsible for the maintenance or repair of the common areas and facilities of the
project under an indenture or agreement. The Public Works Director shall also cause at least one copy of
such notice to be posted in a conspicuous place on the premises. No assessment shall be held invalid
for failure to post or mail or correctly address any notice. D. Commence Work Within 30 Davs of Notice. The notice shall particularly specify the work
required to be done and shall state that if the work is not commenced within 30 days after receipt of such notice and diligently and without interruption prosecuted to completion, the City shall cause such work to
be done, in which case the cost and expense of such work, including incidental expenses incurred by the
City, will be assessed against the property or against each separate lot and become a lien upon such
pwerty. E. Exoiration of Thirtv-Dav Period. If upon the expiration of the thirty-day period provided for in
subsection (D), the work has not been done, or having been commenced, is not being performed with
diligence, the Public Works Director shall proceed to do such work or cause such work to be done. Upon completion of such work, the Public Works Director shall file a written report with the City Council setting
forth the fact that the work has been completed and the cost thereof, together with a legal description of the property against which the cost is to be assessed. The Public Works Director shall thereafter give
notice in writing to the owners of the project in the manner provided in subsection (C) of the hour and place that the City Council will pass upon the Public Works Director’s report and will hear any protests
against the assessments. Such notice shall also set forth the amount of the proposed assessment. F. Hearing. Upon the date and hour set for the hearing, the City Council shall hear and consider
the Public Works Director’s report and any protests before proceeding to confirm, modify or reject the assessments.
G. Confirmation of Assessment. A list of assessment as finally confirmed by the City Council
shall be sent to the city treasurer for collection. If any assessment is not paid within 10 days after its
confirmation by the City Council, the City Clerk shall cause to be filed in the office of the county recorder
of the county a notice of lien, in a form approved by the City Attorney. H. Notice of Lien. From and after the date of recordation of such notice of lien, the amount of
the unpaid assessment shall be a lien on the property against which the assessment is made, and such assessment shall bear interest at the maximum rate allowed by law until paid in full. The lien shall
continue until the amount of the assessment and all interest thereon has been paid. The lien shall have priority according to law.
21.45.160 Model Homes
A. Except for model homes, building permits for construction within the proposed planned
development shall not be issued until a final subdivision map has been recorded for the project. A maximum of six model home units may be constructed prior to recordation of the final map, provided that
adequate provision acceptable to the Planning Director and City Attorney are made guaranteeing removal of such complex if the final map is not recorded.
21.45.170 Restriction on Reapplication for Planned Development Permit
A. No application for a 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 12 months
of such denial. This provision may be waived by the affirmative vote of a majority of the City Council.
SECTION II: That the findings of the Planning Commission as set forth in Planning
Resolution 4958 constitute the findings of the City Council.
EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and
the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in a
newspaper of general circulation within fifteen days after its adoption.
Ill
Ill
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INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council held
on the day of ,2001, and thereafter.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council
of the City of Carlsbad, held on the day of , 2001, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
CLAUDE A. LEWIS, Mayor
ATTEST:
LORRAINE M. WOOD, City Clerk
(SEAL)
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