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HomeMy WebLinkAbout2006-12-06; Planning Commission; Resolution 61411 PLANNING COMMISSION RESOLUTION NO. 6141 2 3 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING 4 APPROVAL OF A ZONE CODE AMENDMENT TO 5 (1) AMEND STANDARDS OF THE PLANNED 6 DEVELOPMENT, PARKING AND BEACH AREA OVERLAY ZONE CHAPTERS OF THE ZONING ORDINANCE TO 7 FACILITATE THE DEVELOPMENT OF HIGH QUALITY 8 RESIDENTIAL PROJECTS CONSISTENT WITH THE MINIMUM DENSITY AND GROWTH MANAGEMENT CONTROL POINT OF THE UNDERLYING GENERAL PLAN 10 LAND USE DESIGNATION, AND (2) AMEND THE 11 PLANNED DEVELOPMENT ORDINANCE TO CLARIFY AMBIGUITIES AND CORRECT INCONSISTENCIES. 12 CASE NAME: PLANNED DEVELOPMENT REGULATION 13 AMENDMENTS 14 CASE NO.: ZCA 05-02 15 WHEREAS, in accordance with Section 21.52.020 of the Carlsbad Municipal 16 Code, the City of Carlsbad has prepared an amendment to Title 21 of the Municipal Code 18 relating to standards of the Planned Development (CMC 21.45), Parking (CMC 21.44), and 19 Beach Area Overlay Zone (CMC 21.82) Chapters of the Zoning Ordinance; and 21 WHEREAS, the proposed amendment is set forth in the draft City Council 22 Ordinance, Exhibit "X," dated December 6, 2006, and attached hereto PLANNED 24 DEVELOPMENT REGULATION AMENDMENTS - ZCA 05-02; and 25 WHEREAS, the Planning Commission did on the 18th day of October 2006, and26 27 the 6th day of December, 2006, hold duly noticed public hearings as prescribed by law to 28 consider said request; and WHEREAS, at said public hearings, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, analyzing the information submitted by staff, and considering any written comments received, the Planning Commission considered all factors relating to the Zone Code Amendment. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Planning Commission hereby RECOMMENDS APPROVAL of PLANNED DEVELOPMENT REGULATION AMENDMENTS - ZCA 05-02, based on the following findings: Findings; 1. The proposed Zone Code Amendment, ZCA 05-02, is consistent with the General Plan in that it provides the development standards flexibility necessary to (a) accommodate higher-density clustered development projects that result from density transfers where the property owner is preserving open space consistent with the City's Habitat Management Plan, (b) achieve minimum General Plan densities, (c) achieve the City's Growth Management Control Point densities, and (d) enable the achievement of the City's RHNA for lower- and moderate-income housing. 2. The proposed Zone Code Amendment, ZCA 05-02, reflects sound principles of good planning in that it (a) ensures internal consistency with the procedures and standards of the rest of the existing Zoning Ordinance that is not proposed for amendment, and (b) implements the policies and programs of the General Plan. PASSED, APPROVED,' AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 6th day of December, 2006, by the following vote, to wit: AYES: NOES: Chairperson Montgomery, Commissioners Baker, Dominguez, Heineman, Segall, and Whitton ABSENT: Commissioner Cardosa MARTELL B. MONTGOMER^hairperson CARLSBAD PLANNING COMMISSION DON NEU Assistant Planning Director PCRESONO. 6141 -2- Exhibit X December 6, 2006 1 ORDINANCE NO. 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING TITLE 21 OF THE 3 CARLSBAD MUNICIPAL CODE BY AMENDING THE STANDARDS IN CHAPTER 21.45 (PLANNED 4 DEVELOPMENTS), CHAPTER 21.44 (PARKING), AND CHAPTER 21.82 (BEACH AREA OVERLAY ZONE) TO 5 FACILITATE THE DEVELOPMENT OF HIGH QUALITY RESIDENTIAL PROJECTS CONSISTENT WITH THE 6 RESIDENTIAL DENSITY POLICIES OF THE GENERAL PLAN. 7 CASE NAME: PLANNED DEVELOPMENT REGULATION AMENDMENTS 8 CASE NO.: ZCA 05-02 / LCPA 05-07 9 The City Council of the City of Carlsbad, California, does ordain as follows: 10 SECTION I: That Chapter 21.44 of the Carlsbad Municipal Code is amended to read as follows:11 Chapter 21.4412 PARKING13 21.44.010 Required off-street parking. 21.44.020 Off-street parking spaces required. 21.44.030 Parking requirements for uses not specified. 21.44.040 Parking provisions may be waived by planning commission. 21.44.050 General requirements.16 21.44.060 Off-street parking-Residential zones. 21.44.070 Comprehensive planned facilities.17 21.44.080 Joint use of off-street parking facilities. 21.44.090 Common parking facilities. 21.44.100 Parking area plan. 1Q 21.44.010 Required off-street parking. A. Off-street parking, designed in accordance with the requirements of this chapter, shall be provided for: 1. All newly constructed buildings; 2. Additions to existing buildings, except for: 22 a. Additions or alterations to an existing one-family dwelling when the addition or alteration results in less than 300 square feet of cumulative additional floor space (over the amount of the original dwelling structure); 3. Any change of use within an existing building. 24 B. All required parking shall be made permanently available and be permanently maintained for parking purposes. C. When calculating the required number of parking spaces, if the calculation results in a fractional parking space, the required number of parking spaces shall always be rounded up to the nearest whole number. 27 21.44.020 Off-street parking spaces required. A. The number of off-street parking spaces required for the uses or structures 2g designated in this section shall be no less than as set forth in Table A, below. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 B. In the case of multiple uses in a building or on a lot, the total requirements for off- street parking facilities shall be the sum of the requirements for the various uses computed separately. Off-street parking facilities for one use shall not be considered as providing required parking facilities for any other use except as specified in Section 21.44.080 for joint use. TABLE A NUMBER OF OFF-STREET PARKING SPACES REQUIRED USE Residential Uses Commercial, Industrial, and Other Non- 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" Second dwelling units Planned Developments Fraternities Mobile Home Parks Residential Care Facilities Rooming House Housing for senior citizens Time-share projects Bed and Breakfast Uses Bowling Alleys Delicatessen Driving Ranges Financial Institutions and Professional Offices 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 ..... .. Same as required for multiple-family V,s,torpark,ng dwe||jng vis3or parking. Studio and one- 1 .5 spaces/unit, one bedroom units covered of which must be Units with two or 2 spaces/unit, one of which must be more bedrooms covered Projects with 10 units or fewer Visitor parking Projects with 1 1" units or more A .30 space per each unit. A .25 space per each unit. Visitor parking may be covered or uncovered. 1 space (covered or uncovered), in addition to the parking required for the primary use (single, one-family dwelling). The additional parking space may be provided through tandem parking (provided that the one-family dwelling garage is accessed by a driveway with a minimum depth of 20 feet), or within the front yard setback. See Chapter 2 1.45. 1 .25 spaces for each sleeping room 2 spaces per unit, plus 1 visitor parking units space for every 4 2 spaces, plus 1 space/three beds 1 space for each sleeping room 1 .5 covered spaces per unit, plus 1 covered space for an onsite manager's unit (when provided), and 1 visitor parking space per every five units, subject to approval of a site development plan. 1.2 spaces per unit 2 spaces, one of which must be covered for the owner's unit, plus 1 space for each guest room. 6 per alley 1 space/250 square feet of gross floor area 1 space/tee plus required parking for accessory uses •"—>««- 1^^"°" Financia, institutions %£%£?** Otherofficeuses XSS%££"~ -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 TABLE A, CONTINUED NUMBER OF OFF-STREET PARKING SPACES REQUIRED USE Commercial, Industrial, and Other Non- Residential Uses, cont. Financial Institutions and Professional Offices, cont. Furniture and Appliance Sales Golf Courses Gyms and Health Spas Hospitals Hotels and Motels Industrial building ("spec" - no specific uses identified) Libraries Library Substations Manufacturing Mortuaries Motor Vehicle Uses Museums Professional Care Facilities Public Assembly Recreational Vehicle Storage Areas Research and Development (R&D) Restaurants Retail Uses Schools Theaters Warehouse NUMBER OF OFF-STREET PARKING SPACES rede^pmenV^SLs \*~"» *— *- within 300 feet of its boundary of «ross floor area 1 space/600 square feet of gross floor area 6 spaces/hole plus required parking for accessory uses. 1 space/200 square feet of gross floor area 3 spaces per bed, or 1/200 square feet of gross floor area, whichever is greater. 1.2 spaces per unit 1 space/250 square feet of gross floor area1 1 space/200 square feet of gross floor area 1 space/250 square feet of gross floor area 1 space/400 square feet of gross floor area, plus 1 space for each vehicle used in conjunction with the use 1 space/50 square feet of assembly area Sales 1 space/400 square feet of gross floor area 4 spaces for every work bay (up through three work Repair bays), plus 2 spaces per bay in excess of three bays. Workbays do not count as parking spaces. 1 space/500 square feet of gross floor area .45 parking spaces per every bed 1 space/5 seats, or 1 space/100 square feet of assembly area, whichever is greater 1 space for every 10,000 square feet of storage area, with a minimum of 3 spaces. 1 space/250 square feet of gross floor area Bio industrial R&D - 1 space/300 square feet of gross floor area Less than 4,000 square feet in size 4,000 square feet or greater Individual Shopping Center Preschools/ Nurseries Elementary Schools High Schools Colleges, Vocational Schools 1 space/100 square feet of gross floor area 40 spaces plus 1 space/50 square feet of gross floor area in excess of 4,000 square feet. 1 space/300 square feet of gross floor area. 1 space/200 square feet of gross floor area 2 1 space/employee plus 1 space for each 10 students, with an adequate loading and unloading area 1 space/employee, with an adequate loading and unloading area 1 space/employee plus 1 space for each 10 students, with an adequate loading and unloading area 1 space/employee plus 1 space for each 3 students, with an adequate loading and unloading area 1 space/5 seats 1 space/1 ,000 square feet of gross floor area, plus 1 space for each vehicle used in conjunction with the use -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 Projects proposing a "spec" industrial building may provide parking at manufacturing or warehouse standards, provided a deed restriction is recorded on the property indicating that these uses on the property will be retained and no other type of use creating a need for additional parking will be permitted, unless more parking area is provided to meet city parking standards.2 Uses permitted in the underlying zone may be allowed in under-parked shopping centers without the need to provide additional parking, provided there is no expansion of floor area (this does not apply to conditionally permitted uses). 21.44.030 Parking requirements for uses not specified. A. Where the parking requirements for a use are not specifically defined herein, the parking requirements for such use shall be determined by the planning commission, and such determination shall be based upon the requirements for the most comparable use specified in this chapter. 21.44.040 Parking provisions may be waived by planning commission. A. The planning commission may, by resolution, waive or modify the provisions as set forth in this title establishing required parking areas for uses such as electrical power generating plants, electrical transformer stations, utility or corporation storage yards or other uses of a similar or like nature requiring a very limited number of persons. 21.44.050 A. General requirements. The following general requirements shall apply to all parking spaces and areas: TABLE B PARKING SPACES AND AREAS Subject Parking space size Compact parking Minimum width of aisles that provide access to parking spaces Requirement Standard parking space Parallel parking space Compact parking space Nonresidential zones Residential zones All zones 30 and 45 degree parking 60 degree parking 90 degree parking Minimum area of 170 square feet Minimum width of 8.5 feet Maximum overhang of 2.5 feet, provided the overhang does not encroach into any required landscape setback. Minimum length of 24 feet, exclusive of driveway/drive- aisle entrances and aprons Minimum length of 20 feet if located immediately adjacent to a driveway/drive-aisle apron Minimum width of 7 feet Minimum width of 8 feet Minimum length of 15 feet No overhang permitted Up to 25% of the total required parking spaces may be compact spaces. Up to 45% of the required visitor parking spaces may be compact spaces. Compact car spaces shall be located in separate parking aisles from standard sized spaces. Aisles for compact car spaces shall be clearly marked with permanent pole signs denoting "Compact Cars Only". Compact car spaces shall be located in close proximity to the facility they are intended serve, so as to encourage their maximum usage. One-way traffic 14 feet wide Two-way traffic 24 feet wide One-way traffic 1 8 feet wide Two-way traffic 24 feet wide 24 feet wide 20 feet - where no vehicles pull into or back-out into a drive-aisle from a parking space. -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 TABLE B, CONTINUED PARKING SPACES AND AREAS Subject Minimum width of aisles that provide access to parking spaces, cont. Circulation Location of required parking Required landscaping of parking areas Development and maintenance of public or private parking areas with a capacity for 5 or more vehicles Requirement Additional width may be required for vehicle/emergency vehicle maneuvering area. Circulation within a parking area must be such that a car entering the parking area need not enter a street to reach another aisle and that a car need not enter a street backwards. This provision shall not apply to off-street parking required for one- family and two-family dwelling units. For one-family, two- family, and multiple- family dwellings For other residential uses or care facilities (e.g., housing for senior citizens, hospitals, residential care facilities, etc.) For uses other than those specified above For parking areas having a capacity of five or more vehicles (except parking provided for one- family and two-family dwellings) Surfacing Border Barricades, Screening, and Landscaping See Section 21. 44.060. Not more than 150 feet walking distance from the nearest point of the parking facility to the nearest point of the building that the parking facility is required to serve. Not more than 300 feet walking distance from the nearest point of the parking facility to the nearest point of the building that the parking facility is required to serve. For purposes of required landscaping, the words "parking area" shall include all blacktop or paved areas, including access ways and areas. At least 3% of the parking area shall be planted and maintained with trees listed on the city's official street tree list, or approved shrubs. Said trees or shrubs shall be: • Contained in planting areas with a minimum dimension of 4 feet and bounded by a concrete or masonry curb of a minimum of 6 inches in height; • Located throughout the off-street parking areas in order to obtain the maximum amount of dispersion. All landscaped areas shall be served by a water irrigation system and be supplied with bubblers or sprinklers. All plans for such landscaped areas shall be approved by the planning director prior to the construction and placement thereof. Off-street parking areas shall be paved or otherwise surfaced and maintained so as to eliminate dust or mud, and shall be so graded and drained as to dispose of all surface water. In no case shall such drainage be allowed across sidewalks or driveways. Every parking area that is not separated by a fence from any street or alley property line upon which it abuts, shall be provided with a suitable concrete curb or timber barrier not less than 6 inches in height, and located not less than 2 feet from such street or alley property lines, and such curb or barrier shall be securely installed and maintained; provided no such curb or barrier shall be required across any driveway or entrance to such parking area. -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 TABLE B, CONTINUED PARKING SPACES AND AREAS Subject Development and maintenance of public or private parking areas with a capacity for 5 or more vehicles, cont. Parking areas for commercial or office/professional uses in R-3, R-P and R-T zones Requirement Border Barricades, Screening, and Landscaping, cont. Entrances and Exits Every parking area abutting property located in a residential zone shall be separated from such property by a solid wall, view-obscuring fence or compact evergreen hedge 6 feet in height measured from the grade of the finished surface of such parking lot closest to the contiguous residentially zoned property; provided, that along the required front yard, the fence, wall or hedge shall not exceed 42 inches in height. No such wall, fence or hedge need be provided where the elevation of that portion of the parking area immediately adjacent to a residential zone is 6 feet or more below the elevation of such residentially zoned property along the common property line. Any lights provided to illuminate any public parking area, semi-public parking area or used car sales area permitted by this chapter shall be so arranged as to reflect the light away from any premises upon which a dwelling unit is located. The location and design of all entrances and exits shall be subject to the approval of the planning director or other designated person, provided no entrance or exit, other than on or from an alley, shall be closer than 5 feet to any lot located in a residential zone. No parking lot to be used as an accessory to a commercial or office/professional establishment shall be established until reviewed by the planning commission and its location approved. Such approval may be conditioned upon the commission's requiring the planting and/or maintenance of trees, shrubs or other landscaping within and along the borders of such parking area. The parking lot shall be no farther than 50 feet when measured from it's closest boundary to the commercial or office/professional establishment to which it is accessory. Such parking lot shall be used solely for the parking of private passenger vehicles. 21.44.060 Off-street parking-Residential zones. A. In all residential zones the following parking regulations shall apply: 1. Garages, parking stalls, carports and RV parking spaces (excluding those in approved RV parking lots) shall be for the exclusive use of the residents only and shall not be separately sold or rented to nonresidents of the property. 2. Required parking spaces for dwelling units shall be located subject to the following: TABLE C LOCATION OF REQUIRED PARKING SPACES IN RESIDENTIAL ZONES Parking Required For: One-family, Two-family, and Multiple-family dwellings Location Standards For Required Parking Spaces All dwelling types Required parking spaces shall be located on the same lot or building site as the buildings they are required to serve. Required parking shall not be located within the front yard setback. Required uncovered parking spaces may be located within the side and/or rear yard setback, provided that a 6 foot-high masonry wall (or some other solid material approved by the decision-making authority) is built along the property line adjacent to the setback area. -6- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 LOCATION Parking Required For: One-family, Two-family, and Multiple-family dwellings, cont. TABLE C, CONTINUED OF REQUIRED PARKING SPACES IN RESIDENTIAL ZONES Location Standards For Required Parking Spaces Multiple- family dwellings Visitor parking for two-family and multiple- family dwellings Second dwelling units Existing substandard frontage lots with a width of less than 50 feet Subterranean parking Required parking spaces shall be located no more than 150 feet as measured in a logical walking path from the entrance to the unit it could be considered to serve. Same as parking required for primary residential use, with the following exception: • Required visitor parking need not be located within a garage. • Required visitor parking spaces shall be not more than 300 feet walking distance to the unit the parking space is required to serve. • For projects with 10 or fewer units (outside the Beach Area Overlay Zone), all required visitor parking may be located within driveways (located in front of a unit's garage), provided that all dwelling units in the project have driveways with a depth of 20 feet or more (measured from the front property line, back of sidewalk, or edge of drive-aisle, whichever is closest to the structure). Same as parking required for primary residential use, with the following exceptions: • May be located in the front yard setback; and • May be located as a tandem space on a driveway in front of the primary residence's garage (provided the garage is set back a minimum of 20 feet from the property line Tandem parking within the front yard setback shall be permitted, provided: • There is a minimum of one parking space per dwelling unit located within the required setback lines; and • The front yard building setback is no less than 20 feet (in the R-W zone, the front yard setback shall be no less than 10 feet to a second or third building floor). A zero foot setback for subterranean parking shall be permitted, provided that within the setback area(s) all of the "subterranean parking structure" is completely underground and the setbacks are fully landscaped, except for driveways necessary to provide access. 3. Garages in residential zones shall be constructed according to the following standards: TABLE D RESIDENTIAL GARAGE STANDARDS Residential Use Garages for one-family and two-family dwellings Garages for multiple- family dwellings (if provided for required parking) Garage Standard The two required parking spaces per unit shall be provided within either: • A two-car garage with a minimum interior dimension of 20 feet by 20 feet; or • Two one-car garages with interior dimensions of 12 feet by 20 feet each. One-car garage Minimum interior dimensions of 12 feet by 20 feet. I^for^mVSS Minimum interior Dimensions of 20 feet by 20 feet. Multiple in Each separate, one-car garage shall have interior dimensions of 12 feet by 20 feet, exclusive of , one car aaraac- suPP°rtin9 columns. one'^structure'"'*" ^s a m'n'mum> eacn space shall be separated from the adjacent garage, floor to ceiling, by a permanent stud partition with 1/2-inch gypsum board on one side, where no additional fire protection is required. -7- 1 2 3 4 5 f.\J 7/ 10 11 12 13 14 15 16 1 O18 19 20 21 22 23£*J S\ A24 25 26 27 28 TABLE D, CONTINUED RESIDENTIAL GARAGE STANDARDS Residential Use Garage Standard Each parking space shall maintain a standard stall Garages for multiple- Enclosed oarkina aaraae size of 8'5 feet by 20 feet| exclusive of supporting family dwellings (if 'th m It'ole ooen columns or posts. provided for required narkina spaces A backup distance of 24 feet shall be maintained in parking), cont. p 9 p addition to a minimum 5 feet turning bump-out located at the end of any stall series. 4. The parking of vehicles in residential zones shall be subject to the following regulations: TABLE E WHERE VEHICLES CAN BE PARKED IN RESIDENTIAL ZONES Type Of Vehicle Passenger vehicles, and Light-duty commercial vehicles used as a principal means of transportation by an occupant of the dwelling Recreational vehicles, boats, and trailers Where Vehicles Can Be Parked One-family, two-family, and multiple- family dwellings One-family dwellings on individual lots (in addition to parking spaces provided as required for the dwelling) One-family dwellings on individual lots Garage Covered or uncovered parking spaces provided as required for the dwelling unit In the required front yard on a paved driveway or parking area that: 1 . Does not exceed 30% of the required front yard area; or 2. Is comprised of 24 feet of width extended from the property line to the rear of the required front yard, whichever is greater. A paved area between the required front yard and the actual front of the building, as long as it is an extension and does not exceed the width of the area described above. Any other area of the lot provided that they are screened from view from the public right-of-way. For corner lots, the provisions of this subsection shall apply to the required street side yard; however, in no case, shall the provisions of this section allow parking in both the required front yard and the required street side yard. In an enclosed structure observing all required setbacks Open parking in the side yard or the rear yard Open parking in the required front yard if the parking area does not exceed the maximum paved area permitted for passenger vehicles, and the planning director determines, after giving the same notice as provided for administrative variances in Section 21.51.040 of this code, that access to the side or rear yard cannot be provided. In making this determination, the planning director shall consider: 1 . Whether parking in, or access to, the side or rear yard would require structural alteration to the existing residence, or would require the removal of significant or unique landscaping. A fence shall not be deemed to prevent access to the side or rear yard; 2. Whether parking in or access to the side or rear yard would require extensive grading; 3. Whether, because of the configuration of the lot, existing landscaping, the location of the structures on the lot, and the size of the recreational vehicle, parking of the recreational vehicle in the front yard would interfere with visibility to or from any street; 4. Whether allowing parking of the recreational vehicle in the front yard would interfere with traffic on the street or sidewalk, or would encroach into the street and utility right-of-way. -8- 1 2 3 4 <j 7 8 9 101 V/ 111 12 13 14 15 16 17 1 81 O 19 20 21 22 23 '•v *24 f* ^25 o*c26 27 28 TABLE E, CONTINUED WHERE VEHICLES CAN BE PARKED IN RESIDENTIAL ZONES Type Of Vehicle Recreational vehicles, boats, and trailers, cont. Inoperable Vehicles Heavy-Duty Commercial Vehicles Where Vehicles Can Be Parked One-family dwellings on individual |_.f_ .t-mtlots, cont. One-family, two-family, & multiple- family dwellings One-family, two-family, & multiple- family dwellings Any person objecting to a decision made pursuant this subsection may request in writing within ten days of the determination by the planning director, an administrative hearing with the planning director. The planning director shall apply the criteria of this section in making his determination. The decision of the director shall be final unless the director's decision is appealed to the planning commission. The effective date of the planning director's decision and method of appeal of such decision shall be governed by Section 2 1.54. 140 of this code. Note: A corner lot is deemed to have reasonable access to the rear yard. Notwithstanding the above, during the construction of a permanent one-family dwelling on a lot, the owner of the lot may live in a recreational vehicle upon said lot during construction of said dwelling for a period not to exceed 6 months. The provisions listed in this section are not intended to supersede more restrictive homeowner provisions contained in approved conditions, covenants and restrictions (CC&Rs). If the provisions of any such CC&Rs are less restrictive than the ordinance codified in this section, then the provisions contained herein shall apply. Storage or parking of inoperable, wrecked, dismantled or abandoned vehicles shall be regulated by Chapter 10.52 of this code, with the following exception: • For one-family dwellings on individual lots, not more than two vehicles in any inoperable, wrecked or dismantled condition may be parked in the side yard or rear yard while said vehicles are being repaired or restored by the owner of the property, provided the vehicles are visually screened from the public right-of-way. No heavy-duty commercial vehicles as defined by Section 10.40.075 of this code, except for trailers as permitted by the provision for "recreational vehicles, boats, and trailers" above, shall be parked on any residential lot, except while loading or unloading property; or when such vehicle is parked in connection with, and in aide of, the performance of a service to the property on which the vehicle is parked. 21 .44.070 Comprehensive planned facilities. A. Areas may be exempted from the parking requirements as otherwise set up in this chapter, provided: 1. Such area shall be accurately defined by the planning commission after processing in the same manner required for an amendment to the zoning title; 2. No such district may be established and exempted from the provisions of Section 21.44.020 unless 60% or more of all record lots comprising such proposed district are zoned to uses first permitted in a commercial (C) or industrial (M) zone; 3. Such exemptions shall apply only to uses first permitted in the commercial (C) or industrial (M) zones; 4. Before such defined district shall be exempt as provided in this section, active proceeding under any applicable legislative authority shall be instituted to assure that the exempted area shall be provided with comprehensive parking facilities which will reasonably serve the entire district. (Ord. 9804 § 4 (part), 1986) 21 .44.080 Joint use of off-street parking facilities. -9- 1 A. The planning commission may, upon application by the owner or lessee of any property, authorize the joint use of off-street parking facilities by the following uses or activities: 2 1. Up to 50% of the parking facilities required by this chapter for a use considered to be primarily a daytime use may be provided by the parking facilities of a use considered to be 3 primarily a nighttime use; 2. Up to 50% of the parking facilities required by this chapter for a use considered 4 to be primarily a nighttime use may be provided by the parking facilities of a use considered to be primarily a daytime use; 5 3. Up to 100% of the parking facilities required by this chapter for a church or for an auditorium incidental to a public or parochial school may be supplied by parking facilities of a 6 use considered to be primarily a daytime use; 4. Up to 50% of the parking facilities required by this chapter for a church may be 7 jointly utilized by an on-site, accessory, child day care center provided there is no substantial conflict in the principal operating hours of the church and child day care center; 8 5. The following uses are typical daytime uses: banks, business offices, retail stores, personal service shops, clothing or shoe repair or service shops, manufacturing or wholesale buildings and similar uses; 6. The following uses are typical of nighttime and/or Sunday uses: auditoriums 10 incidental to a public or parochial school, churches, dance halls, theaters and bars. B. The planning commission may authorize the joint use of off-street parking facilities by the uses or activities specified above, subject to the following conditions: 1. The buildings or uses associated with the joint use of a parking facility shall be 12 located within 150 feet of such parking facility; 2. The application shall show that there is no substantial conflict in the principal operating hours of the buildings or uses for which the joint use of a parking facility is proposed; 3. Parties involved in the joint use of a parking facility shall provide evidence of agreement for such joint use by a proper legal instrument approved by the city attorney as to form and content. Such instrument, when approved as conforming to the provisions of this title, I5 shall be recorded in the office of the county recorder and copies thereof filed with the planning director.16 21.44.090 Common parking facilities. A. Common parking facilities may be provided in lieu of the individual requirements contained herein, but such facilities shall be approved by the decision-making authority as to size, shape and relationship to business sites to be served, provided the total of such off-street parking spaces, when used together, shall not be less than the sum of the various uses computed separately. B. When any such common facility is to occupy a site of 5,000 square feet or more, then the parking requirements as specified herein for each of two or more participating buildings or uses may be reduced not more than 15%, subject to approval by the decision-making authority. 22 21.44.100 Parking area plan. 23 A. The site plan submitted with a building permit application for the building to which a parking area is accessory shall clearly indicate the proposed development, including 24 location, size, shape, design, curb cuts, lighting, landscaping and other features and appurtenances of the proposed parking area. 25 " 27 28 SECTION II: That Chapter 21.45 of the Carlsbad Municipal Code is amended to read as follows: -10- 1 Chapter 21.45 2 PLANNED DEVELOPMENTS 3 21.45.010 Intent and purpose. 21.45.020 Applicability. 4 21.45.030 Definitions. 21.45.040 Permitted zones and uses. 5 21.45.050 Application and permit. 21.45.060 General development standards. 6 21.45.070 Development standards for one-family dwellings and twin-homes on small lots. 21.45.080 Development standards for condominium projects. 7 21.45.090 Residential additions and accessory uses. 21.45.100 Amendments to permits. 8 21.45.110 Conversion of existing buildings to planned developments. 21.45.120 Expiration, extension and revisions. 9 21.45.130 Proposed common ownership land or improvements. 21.45.140 Maintenance. 10 21.45.150 Failure to maintain. 21.45.160 Model homes. 21.45.170 Restriction on reapplication for planned development permit. 12 21.45.010 Intent and purpose. A. The purpose of the planned development ordinance is to: 1. Recognize the need for a diversity of housing and product types; 2. Provide a method for clustered property development that recognizes that the 14 impacts of environmentally and topographically constrained land preclude the full development of a site as a standard single-family subdivision; 3. Establish a process to approve the following: a. One-family dwellings and twin-homes on individual lots of less than 7,500 square feet in size or as otherwise allowed by the underlying zone; b. Condominium projects consisting of two-family and multiple-family dwellings, as 1' well as one-family dwellings developed as two or more detached dwellings on one lot; c. Condominium conversions; and d. Private streets; 4. Encourage and allow more creative and imaginative design by including relief from compliance with standard residential zoning regulations. To offset this flexibility in development standards, planned developments are required to incorporate amenities and features not normally required of standard residential developments. 21 21.45.020 Applicability. ~~ A. A planned development permit is required for the development of one-family dwellings or twin-homes on lots of less than 7,500 square feet or as otherwise allowed by the underlying zone, attached or detached condominiums, condominium conversions, and private streets. 24 B. These regulations do not apply to attached residential units proposed for inclusion as part of a commercial development project. C. Any application for a planned development permit that was deemed complete prior to the effective date of the ordinance reenacting this chapter, shall not be subject to the amended provisions of this chapter but shall be processed and approved or disapproved pursuant to the ordinance superseded by the ordinance codified in this chapter. 27 D. If there is a conflict between the regulations of this chapter and any regulations approved as part of the city's certified local coastal programs, a redevelopment plan, master 28 -11- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 plan or specific plan, the regulations of the local coastal program, redevelopment plan, master plan or specific plan shall prevail. E. A planned development permit shall apply to residential projects only, as specified in "Table A Permitted Residential Uses" of this chapter. F. A planned development permit shall be required for the development of a private street within a residential development that is not otherwise subject to the requirements of this chapter. Such residential development shall not be subject to any development standard of this chapter, except the private street standards. 21.45.030 Definitions. A. Whenever the following terms are used in this chapter, they shall have the meaning established by this section: 1. "Condominium project" means a common interest development defined by Section 1351 of the California Civil Code, and which consists of two or more attached or detached dwelling units on one lot. 2. "Driveway" means an improved surface on private property intended for exclusive vehicular access from a public/private street or drive-aisle to open/enclosed parking for a single residential unit (attached or detached). 3. "Drive-aisle" means an improved surface on private property intended for shared vehicular access (serving two or more residential units, attached or detached) from a public/private street to a driveway(s) or open/enclosed parking. 4. "Net pad area" means the building pad of a lot excluding all natural or manufactured slopes greater than 3 feet in height except intervening manufactured slopes between split-level pads on a single lot. 5. "Planned development" means a form of development usually characterized by a unified site design for a number of housing units, clustering buildings and providing common open space, recreation and streets. 6. "Twin-home" means two dwellings attached by a common wall where each dwelling is on a separate lot that allows for separate ownership. 21.45.040 Permitted zones and uses. A. Table A, Permitted Residential Uses, specifies the types of residential uses, and the zones where such uses are permitted, subject to the approval of a planned development permit. The uses specified in Table A are in addition to any principal use, accessory use, transitional use or conditional use permitted in the underlying zone. TABLE A PERMITTED RESIDENTIAL USES Legend: P = Permitted (#) Number within parenthesis = Permitted only in certain circumstances. X = Not permitted Zone R-1 R-2 R-3 RD-M R-W R-P Residential Use One-Family Dwelling or Twin-Home on Small Lots (one unit per lot) (1)or(4) P P P X (5) Condominium Project One-family dwellings - (3) or (4) Two-family dwellings - (1) or (4) Multiple-family dwellings - (4) One-family or two-family dwellings - P Multiple-family dwellings - (2) or (4) P P P (6) I -12- 1 TABLE A, CONTINUED PERMITTED RESIDENTIAL USES 2" 3 4 5 6 7 Legend: P = Permitted (#) Number within parenthesis = Permitted only in certain circumstances. X = Not permitted Zone RMHP P-C V-R Accessory Uses Residential Use One-Family Dwelling or Twin-Home on Small Lots (one unit per lot) P (7) (8) (9) Condominium Project P (7) (8) (9) (1) Permitted when the project site is contiguous to a higher intensity land use designation or ° zone, or an existing project of comparable or higher density. (2) Permitted when the proposed project site is contiguous to a lot or lots zone R-3, R-T, 9 R-P, C-1, C-2, C-M or M, but in no case shall the project site consist of more than one lot nor be more than ninety feet in width, whichever is less. 10 (3) Permitted when developed as two or more detached units on one lot. (4) Permitted when the project site contains sensitive biological resources as identified in the Carlsbad Habitat Management Plan. In the case of a condominium project, attached or detached units may be permitted when the site contains sensitive biological resources. (5) Permitted when the R-P zone implements the RMH land use designation. (6) Permitted when the R-P zone implements the RMH or RH land use designations. , T (7) Permitted uses shall be consistent with the master plan. (8) Refer to the Carlsbad Village Redevelopment Master Plan for permitted uses. (9) Refer to Table F for permitted accessory uses. 21.45.050 Application and permit. 15 A. Application. 1. The application for a planned development permit shall be made in writing on the 16 form provided by the planning department, and shall be accompanied by the required fee in an amount specified by city council resolution. 2. The application shall include plans (i.e. site plan, building elevations, floor plans, landscape plans, etc.) as required by the city's submittal requirements, which demonstrate compliance with all development standards and design requirements contained in this chapter. , g a. A planned development permit application for a small-lot subdivision (intended to be developed with one dwelling per lot) may be approved without architecture and plotting; in which case, approval of a major planned development permit amendment will be required at a later date to authorize the proposed structures and their placement. b. A planned development permit application for a condominium project shall require approval of architecture and plotting concurrent with the approval of the condominium 22 subdivision. 3. The application for a planned development permit shall state the proposed method of land division (i.e., small lots, or air-space condominiums). B. Processing Procedures. 24 1. Table B, Processing Procedures, identifies required procedures for Minor (four or fewer dwelling units) and Major (five or more dwelling units) Planned Development permits. 25 " 26 27 28 -13- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 TABLE B PROCESSING PROCEDURES Topic Decision-Making Body or Official Map Required Required Findings Public Notice Required Public Hearing Required Appeals Minor Planned Development Permit Planning Director Minor Subdivision Map (See Title 20, Chapter 20.24) See Section 21.45.050(0) See Title 20, Chapter 20.24. Section 20.24.1 15 No See Chapter 21. 54, Section 21.54.140 Major Planned Development Permit Planning Commission (PC) City Council (upon PC recommendation) Up to 50 DU More than 50 DU Major Subdivision Map (See Title 20, Chapter 20. 12) See Section 21. 45.050(C) Chapter 21. 54, Section 21.54.060(1) Yes See Chapter 21. 54, Section 21.54.150 C. Required Findings. 1. The planning director, planning commission or city council shall approve or conditionally approve a planned development permit only if the following findings are made: a. The proposed project is consistent with the general plan, and complies with all applicable provisions of this chapter, and all other applicable provisions of this code. b. The proposed project will not be detrimental to existing uses, or to uses specifically permitted in the area in which the proposed use is to be located, and will not adversely impact the site, surroundings, or traffic. c. The project will not adversely affect the public health, safety, or general welfare; d. The project's design, including architecture, streets, and site layout: i. Contributes to the community's overall aesthetic quality; ii. Includes the use of harmonious materials and colors, and the appropriate use of landscaping; and iii. Achieves continuity among all elements of the project. D. Modifications to Development Standards. 1. The decision-making body with the authority to approve a planned development permit may approve a modification to the development standards specified in this chapter if all of the following findings are made in writing: a. The proposed planned development designed with the modified development standard(s) is consistent with the purpose and intent of this chapter; and b. The proposed modification(s) will result in the preservation of natural habitat as required by the Carlsbad Habitat Management Plan (HMP); and c. The amount of natural habitat preservation required by the HMP could not be achieved by strict adherence to the development standards of this chapter; and d. The proposed modification(s) will not adversely affect the public health, safety, or general welfare; and e. If the project is located within the coastal zone, the modification is consistent with all Local Coastal Program policies and standards for the protection of coastal resources. 2. Any application for a planned development permit that involves a request for a modification to the development standards of this chapter shall include documentation that clearly demonstrates the modification is necessary to implement the natural habitat preservation requirements of the HMP. 3. The decision-making body with the authority to approve a planned development permit may modify the plan, or impose such conditions or requirements that are more restrictive than the development standards specified in this chapter, the underlying zone or elsewhere in this code, as deemed necessary to protect the public health, safety and general welfare, or to insure conformity with the general plan and other adopted policies, goals or objectives of the city. -14- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1 C1 J 16 17 18 19 20 21 22 23£*j T/1Z4 ocZJ r\f-2t> A M27 28 21 .45.060 General development standards. A. All planned developments shall comply with the general development standards specified in Table C below. Specific standards applicable to one-family dwellings and twin- homes on small-lots can be found in Table D; and standards applicable to condominium projects can be found in Table E. B. In addition to the provisions of this chapter, a planned development project shall be subject to the development standards of the project site's underlying zone. C. If there is a conflict between the development standards of this chapter and the development standards applicable to the project site's underlying zone, the standards of this chapter shall prevail. Exception: the development standards specified in the city's local coastal program, a redevelopment plan, master plan or specific plan shall prevail if such standards conflict with the standards of this chapter. D. When approved, a planned development permit shall become a part of the zoning regulations applicable to the subject property. TABLE C GENERAL DEVELOPMENT STANDARDS REF. NO. C.1 C.2 C.3 C.4 SUBJECT Density A i-k-vi-;*-tiArterial CafKaplf cOClUOL/rvd Permitted Intrusions into Setbacks/ Building Separation Streets DEVELOPMENT STANDARD Per the underlying General Plan designation. When two or more general plan land use designations exist within a planned development, the density may be transferred from one general plan designation to another with a general plan amendment. All dwelling units adjacent to any arterial road shown on the Circulation Element of the General Plan shall maintain the following minimum setbacks from the right-of- way: Prime Arterial 50 Feet Major Arterial 40 Feet Secondary Arterial 30 Feet Carlsbad Boulevard 20 Feet Half (50%) of the required arterial setback area located closest to the arterial shall be fully landscaped to enhance the streetscene and buffer homes from traffic on adjacent arterials, and: • Shall contain a minimum of one 24" box tree for every 30 lineal feet of street frontage; and • Shall be commonly owned and maintained Project perimeter walls greater than 42 inches in height shall not be located in the required landscaped portion of the arterial setback, except noise attenuation walls that: • Are required by a noise study, and • Due to topography, are necessary to be placed within the required landscaped portion of the arterial setback. Permitted intrusions into required building setbacks shall be the same as specified in Section 21.46.120 of this code. The same intrusions specified in Section 21.46.120 shall be permitted into required building separation. Minimum right-of-way width 56 feet Minimum curb-to-curb width 34 feet Private SStSSSr**1 "Deluding curb Minimum sidewalk width 5 feel <«*»* 6 inches from property line) Public Minimum right-of-way width 60 feet t -15- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 TABLE C, CONTINUED GENERAL DEVELOPMENT STANDARDS REF. NO. C.4, cont. C.5 C.6 C.7 SUBJECT Streets, cont. Drive-aisles Number of Visitor Parking Spaces Required <1) Location of Visitor Parking DEVELOPMENT STANDARD Public, cont. Street Trees within parkways 3 or fewer dwelling units 4 or more dwelling units All projects Minimum curb-to-curb width 34 feetszzsssr wldth 7-5 feei inciudin9 curb Minimum side»a,k width £J£S* 6 in*es *•"" One-family A minimum of one street tree (24-inch box) dwellings and twin per lot is required to be planted in the homes on small-lots parkway along all streets. Condominium Street trees shall be spaced no further apart projects than 30 feet on center within the parkway. Tree species should be selected to create a unified image for the street, provide an effective canopy, avoid sidewalk damage and minimize water consumption. Minimum 12 feet wide when the drive-aisle is not required for emergency vehicle access, as determined by the Fire Chief. If the drive-aisle is required for emergency vehicle access, it shall be a minimum of 20 feet wide. Minimum 20 feet wide. No parking shall be permitted within the minimum required width of a drive-aisle. A minimum 24-foot vehicle back-up/maneuvering area shall be provided in front of garages, carports or uncovered parking spaces (this may include driveway area, drive-aisles, and streets). Additional width may be required for vehicle/emergency vehicle maneuvering area. Parkways and/or sidewalks may be required. No more than 24 dwelling units shall be located along a single-entry drive-aisle. All drive-aisles shall be enhanced with decorative pavement. Projects with 10 units or fewer A .30 space per each unit. Projects 1 1 units or more A .25 space per each unit. When calculating the required number of visitor parking spaces, if the calculation results in a fractional parking space, the required number of visitor parking spaces shall always be rounded up to the nearest whole number. On Private/ Public Streets As parallel parking along public/private street(s) (minimum 34-feet wide curb-to-curb), as follows: • Along both sides of any private/public street(s) located within the project boundary. • Along the abutting side and portion of any existing public/private street(s) that is contiguous to the project boundary. In parking bays along driveways, drive-aisles, or public/private streets within the project boundary. When visitor parking is provided as on-street parallel parking, not less than 24 lineal feet per space, exclusive of driveway/drive-aisle entrances and aprons, shall be provided for each parking space, except where parallel parking spaces are located immediately adjacent to driveway/drive-aisle aprons, then 20 lineal feet may be provided. Within the Beach Area Overlay Zone, on-street parking shall not count toward meeting the visitor parking requirement. -16- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 TABLE C, CONTINUED GENERAL DEVELOPMENT STANDARDS REF. NO. C.7, cont. C.8 C.9 SUBJECT Location of Visitor Parking, cont. Screening of Parking Areas Community Recreational Space (1) DEVELOPMENT STANDARD On Drive-aisles On a Driveway Compact Parking Distance from unit Visitor parking must be provided in parking bays that are located outside the required minimum drive-aisle width. Outside the Beach Area Overlay Zone Within the Beach Area Overlay Zone All projects One required visitor parking space may be credited for each driveway in a project that has a depth of 40 feet or more. For projects with 10 or fewer units, all required visitor parking may be located within driveways (located in front of a unit's garage), provided that all dwelling units in the project have driveways with a depth of 20 feet or more. One required visitor parking space may be credited for each driveway in a project that has a depth of 40 feet or more. In addition to the provisions above to locate visitor parking in a driveway, if the streets within and/or adjacent to the project allow for on-street parking on both sides of the street, then visitor parking may be located in a driveway, subject to the following: • All required visitor parking may be located within driveways (located in front of a unit's garage), provided that all dwelling units in the project have driveways with a depth of 20 feet or more. • If less than 100% of the driveways in a project have a depth of 20 feet or more, then a .25 visitor parking space will be credited for each driveway in a project that has a depth of 20 feet or more (calculations • resulting in a fractional parking space credit shall always be rounded down to the nearest whole number). The minimum driveway depth required for visitor parking (20 feet or 40 feet) applies to driveways for front or side- loaded garages, and is measured from the property line, back of sidewalk, or from the edge of the drive-aisle, whichever is closest to the structure. For projects of more than 25 units, up to 25% of visitor parking may be provided as compact spaces (8 feet by 15 feet). No overhang is permitted into any required setback area or over sidewalks less than 6 feet wide. For all projects within the Beach Area Overlay Zone, up to 55% of the visitor parking may be provided as compact spaces (8 feet by 15 feet). Visitor parking spaces must be located no more than 300 feet as measured in a logical walking path from the entrance of the unit it could be considered to serve. Open parking areas should be screened from adjacent residences and public rights- of-way by either a view-obscuring wall, landscaped berm, or landscaping, except parking located within a driveway. Community recreational space shall be provided for all projects of 1 1 or more dwelling units, as follows: Minimum community Pr0j6Ct ^d Sn 9""' 2°° «»— «- "- »"» recreational Project IS within RH general plan . space required designation 1 50 square reet per unit -17- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 TABLE C, CONTINUED GENERAL DEVELOPMENT STANDARDS REF. NO. C.9, cont. C.10 C.11 SUBJECT Community Recreational Space (1), cont. Lighting Utilities DEVELOPMENT STANDARD Projects with 1 1 to 25 dwelling units Projects with 26 or more dwelling units Projects with 50 or more dwelling units Projects with 50 or more dwelling units, cont All projects (with 1 1 or more dwelling units) Recreation Area Parking Community recreational space shall be provided as either (or both) passive or active recreation facilities. Community recreational space shall be provided as both passive and active recreational facilities with a minimum of 75% of the area allocated for active facilities. Community recreational space shall be provided as both passive and active recreational facilities for a variety of age groups (a minimum of 75% of the area allocated for active facilities). For projects consisting of one-family dwellings or twin homes on small-lots, at least 25% of the community recreation space must be provided as pocket parks. • Pocket park lots must have a minimum width of 50 feet and be located at strategic locations such as street intersections (especially "T-intersections") and where open space vistas may be achieved. Community recreational space shall be located and designed so as to be functional, usable, and easily accessible from the units it is intended to serve. Credit for indoor recreation facilities shall not exceed 25% of the required community recreation area. Required community recreation areas shall not be located in any required front yard and may not include any streets, drive-aisles, driveways, parking areas, storage areas, slopes of 5% or greater, or walkways (except those walkways that are clearly integral to the design of the recreation area). In addition to required resident and visitor parking, recreation area parking shall be provided, as follows: 1 space for each 15 residential units, or fraction thereof, for units located more than 1 ,000 feet from a community recreation area. The location of recreation area parking shall be subject to the same location requirements as for visitor parking, except that required recreation area parking shall not be located within a driveway(s). Examples of recreation facilities include, but are not limited to, the following: Active Passive Swimming pool area Children's playground equipment Spa Courts (tennis, racquetball, volleyball, basketball) Recreation rooms or buildings Horseshoe pits Pitch and putt Grassy play areas with a slope of less than 5% (minimum area of 5,000 square feet and a minimum dimension of 50 feet) Any other facility deemed by the planning director to satisfy the intent of providing active recreational facilities. Benches Barbecues Community gardens Grassy play areas with a slope of less than 5%. Lighting adequate for pedestrian and vehicular safety shall be provided. Separate utility systems shall be provided for each unit. -18- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 TABLE C, CONTINUED GENERAL DEVELOPMENT STANDARDS REF. NO. C.12 C.13 SUBJECT Recreational Vehicle (RV) Storage (1> Storage Space DEVELOPMENT STANDARD Required for projects with 100 or more units, or a master or specific plan with 100 or more planned development units. Exception: RV storage is not required for projects located within the RMH or RH land use designations. 20 square feet per unit, not to include area required for driveways and approaches. Developments located within master plans or residential specific plans may have this requirement met by the common RV storage area provided by the master plan or residential specific plan. RV storage areas shall be designed to accommodate recreational vehicles of various sizes (i.e. motorhomes, campers, boats, personal watercraft, etc.). The storage of recreational vehicles shall be prohibited in the front yard setback and on any public or private streets or any other area visible to the public. A provision containing this restriction shall be included in the covenants, conditions and restrictions for the project. All RV storage areas shall be screened from adjacent residences and public rights-of-way by a view-obscuring wall and landscaping. 480 cubic feet of separate storage space per unit. If all storage for each unit is located in one area, the space may be reduced to 392 cubic feet. Required storage space shall be separately enclosed for each unit and be conveniently accessible to the outdoors. Required storage space may be designed as an enlargement of a covered parking structure provided it does not extend into the area of the required parking stall, and does not impede the ability to utilize the parking stall (for vehicle parking). A garage (12'x20' one-car, 20'x20' two-car, or larger) satisfies the required storage space per unit. This requirement is in addition to closets and other indoor storage areas. (1) This standard does not apply to housing for senior citizens (see Chapter 21 .84 of this code). 21 .45.070 Development standards for one-family dwellings and twin-homes on small lots. A. In addition to the general development standards found in Table C, planned developments that include one-family dwellings or twin-homes on small lots shall comply with the following development standards found in Table D, One-Family Dwellings and Twin-Homes on Small Lots. TABLE D ONE-FAMILY DWELLINGS AND TWIN-HOMES ON SMALL LOTS Ref. No. D.1 D.2 D.3 SUBJECT DEVELOPMENT STANDARD M • wf h ^1 Must comply with city council Policy 66, Principles for the Development of Livable Pol?cy Neighborhoods. Architectural Must comply with city council Policy 44, Neighborhood Architectural Design Requirements Guidelines. °^Ss 5'000 square feet (one dwelling per lot) Twin-homes 3,750 square feet (one dwelling per lot) Minimum Lot 3,500 square feet (one-family or twin-home - one dwelling per lot) Area when either: Exception 1. The project site contains sensitive biological resources as identified in the Carlsbad habitat management plan; or 2. The site has a general plan designation of RMH and unique circumstances such as one of the following exists: -19- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 TABLE D, CONTINUED ONE-FAMILY DWELLINGS AND TWIN-HOMES ON SMALL LOTS Ref. No. D.3, cont. D.4 D.5 D.6 D.7 D.8 D.9 SUBJECT Minimum Lot Area, cont. Maximum Lot Coverage Minimum Lot Width <1) Minimum Street/Drive- Aisle Frontage Minimum Setback from a Private or Public Street(2)(3) Minimum Setback from a Drive-Aisle141 Minimum Interior Side Yard Setback DEVELOPMENT STANDARD Exception, cont. 1 story homes 2 story homes a. The project is for lower income or senior citizen housing; b. The site is located west of Interstate 5; c. The dwelling units are designed with alley-loaded garages; or d. The site is either located contiguous to a Circulation Element roadway or within 1200 feet of a commuter rail/transit center, commercial center or employment center. 60% of the net pad area 45% of the net pad area for all lots in a project, if the minimum lot area in the project is 5,000 square feet or greater. 50% of the net pad area for all lots in a project, if the minimum lot area in the project is less than 5,000 square feet. Porches with no livable space above the porch, and porte-cocheres no more than 20 feet in width and 6 feet in depth are exempt from lot coverage requirements. One-family dwellings on lots equal to or greater than 5,000 square feet One-family dwellings on lots less than 5,000 square feet Twin-homes 50 feet (35 feet when a lot is located on a cul-de-sac, or the curved portion of a sharply curved street/drive-aisle) 40 feet (35 feet when a lot is located on a cul-de-sac, or the curved portion of a sharply curved street/drive-aisle) 35 feet Lots located on the curved portion of sharply curved streets/drive-aisles or cul-de- sacs: 25 feet. Residential structure Direct entry garage Residential structure Garage One-family dwellings Twin-homes 10 feet 20 feet 5 feet, fully landscaped (walkways providing access to dwelling entryways may be located within required landscaped area) 3 feet Garages facing directly onto a drive-aisle shall be equipped with an automatic garage door opener. Each interior side yard setback shall be a Residential minimum of 10% of the lot width; provided that structure each side yard setback is not less than 5 feet, and need not exceed 1 0 feet. «„«„„ Located on the front °^0{} half of the lot Located on the rear Garage half of the lot Same as required for residence. Need not exceed 5 feet Any second story living space above a garage shall observe the same interior side yard setback required for the residence. R . . ... One interior side yard setback may be reduced Option Kesiaentiai to 0 feet (zero lot line); provided the other side 2 siruciure yard setback is a minimum of 20% of the lotana oarage wjdth gnd need pot exceed 2Q feet One side yard - 0 feet (the side yard where the dwellings on each lot are attached). The other side yard setback shall be a minimum of 20% of the lot width, and need not exceed 20 feet. -20- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 TABLE D, CONTINUED ONE-FAMILY DWELLINGS AND TWIN-HOMES ON SMALL LOTS Ref. No. D.10 D.11 D.12 D.13 D.14 D.15 SUBJECT Minimum Rear Yard Setback (where the rear property line does not front on a street or drive-aisle) Maximum Building Height Private Recreational Space Resident Parking Garages for 3 or more cars- in-a-row Driveways DEVELOPMENT STANDARD Residential 20% of lot width, provided the rear yard setback is not less than structure 10 feet, and need not exceed 20 feet. 5 feet from rear property line Garage (located on the rear half of the AnV second story Iivin9 space above a garage shall observe the lot) same rear yard setback required for "residence", above. Same as required by the underlying zone, and not to exceed two stories (5> Minimum total area per unit Minimum dimension of recreational space 400 square feet (may consist of more than one recreational space) 15 feet Required private recreational space shall be located at ground level and designed so as to be functional, usable, and easily accessible from the dwelling it is intended to serve, and shall not have a slope gradient greater than 5%. Required private recreational space shall not be located within front yard setback areas, and may not include any driveways, parking areas, storage areas, or walkways (except those walkways that are clearly integral to the design of the recreation area). Open or lattice-top patio covers may be located within the required private recreation space (provided the patio cover complies with all applicable standards, including the required setbacks specified in Section 21.45.090). Attached solid patio covers and second story decks/balconies may project into a required private recreational space, subject to the following: • The depth of the projection shall not exceed Q feet (measured from the wall of the dwelling that is contiguous to the pato/deck/balcony). • The length of the projection shall not be limited, except as required by any setback or lot coverage standards. • The patio cover/deck/balcony shall comply with all applicable standards, including the required setbacks specified in Section 21.45.090. 2 spaces per a two-car garage (minimum 20 feet x 20 feet), or unit, piovidedas either(6> 2 seParate one-car garages (minimum 1 2 feet x 20 feet each) No more than 20% of the total project units may include garages with doors for 3 or more cars-in-a-row that directly face the street, including garages constructed as 3 one-car garages located adjacent to each other, or constructed as a two-car garage separated from a one-car garage with all garage doors directly parallel to the street. Garages that are recessed 20 feet or more back from the forward-most plane of the house shall not be subject to the 20% 3-car garage limitation stated above. Garages with doors for 3 or more cars in-a-row shall not be permitted on lots less than 5,000 square feet in area. Driveways for side-loaded garages must be enhanced with decorative pavement to improve appearance. (2) (3) Lot width is measured 20' behind the front property line. See Table C in Section 21.45.060 for required setbacks from an arterial street. Building setbacks shall be measured from one of the following (whichever is closest to the building): a) property line; or b) the outside edge of the required street right-of-way width. -21- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (4) (5) (7) Building setbacks shall be measured from one of the following (whichever is closest to the building): a) property line; b) the outside edge of the required drive-aisle width; c) the back of sidewalk; or d) the nearest side of a parking bay located contiguous to a drive-aisle (excluding parking located in a driveway in front of a unit's garage).. If a project is located within the Beach Area Overlay Zone, building height shall be subject to the requirements of Chapter 21.82 of this code. The required resident parking within the R-W zone shall be 2 spaces/unit, 1 of which must be covered. Any uncovered required parking space in the R-W zone may be located within a required front yard setback and may be tandem. Garage location standards do not apply to projects where all garages are alley loaded. 21.45.080 Development standards for condominium projects. A. In addition to the general development standards found in Table C, condominium projects shall comply with the following development standards listed in Table E, Condominium Projects. TABLE E CONDOMINIUM PROJECTS REF. NO. E.1 .2 E.3 E.4 E.5 SUBJECT Livable Neighborhood Policy Architectural Requirements Coverage Maximum Building Height Minimum Building Setbacks DEVELOPMENT STANDARD Must comply with city council Policy 66, Principles for the Development of Livable Neighborhoods. One-family and two-family dwellings Multiple-family dwellings Multiple-family dwellings, cont. Must comply with city council Policy 44, Neighborhood Architectural Design Guidelines There shall be at least three separate building planes on all building elevations. The minimum offset in planes shall be 18 inches and shall include, but not be limited to, building walls, windows, and roofs. All building elevations shall incorporate a minimum of four complimentary design elements, including but not limited to: • A variety of roof planes; • Windows and doors recessed a minimum of 2 inches; • Decorative window or door frames; • Exposed roof rafter tails; • Dormers; • Columns; • Arched elements; • Varied window shapes; • Exterior wood elements; • Accent materials such as brick, stone, shingles, wood, or siding; • Knee braces; and • Towers. 60% of total project net developable acreage. Same as required by the underlying zone, and not to exceed three stories (1) Projects within theRH general plan desig nation'1 } From a private or public street(2)(3) 40 feet, if roof pitch is 3:12 or greater 35 feet, if roof pitch is less than 3:12 Building height shall not exceed three stories Residential structure 10 feet Direct entry garage 20 feet -22- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 TABLE E, CONTINUED CONDOMINIUM PROJECTS REF. NO. E.5, cont. E.6 E.7 SUBJECT Minimum Building Setbacks, cont. Minimum Building Separation Resident Parking (6) DEVELOPMENT STANDARD From a drive- aisle(4) RpQirtontial «tmrtnn» fall 5 feet' fully landscaPed (walkways floos except as Providin9 access to dwellin9.^jjj^*.* 2^£3££ Ofeet^projectingoverthefront a garage garage. Garage From the perimeter property lines of the project site (not adjacent to a public/private street) 10 feet All dwelling types One-family and two-family dwellings Multiple-family dwellings 3 feet Garages facing directly onto a drive- aisle shall be equipped with an automatic garage door opener. The building setback from an interior side or rear perimeter property line shall be the same as required by the underlying zone for an interior side or rear yard setback. If a project is located within the RH general plan designation, resident parking shall be provided as specified below, and may also be provided as follows: • 25% of the units in the project may include a tandem two-car garage (minimum 12 feet x 40 feet). • Calculations for this provision resulting in a fractional unit may be rounded up to the next whole number. 2 spaces per unit, provided as either: • a two-car garage (minimum 20 feet x 20 feet), or • 2 separate one-car garages (minimum 12 feet x 20 feet each) • In the R-W Zone, the 2 required parking spaces may be provided as 1 covered space and 1 uncovered space (5) Studio and one- bedroom units Units with two or more bedrooms 1.5 spaces per unit, 1 of which must be covered (5) When calculating the required number of parking spaces, if the calculation results in a fractional park ng space, the required number of parking spaces shall always be rounded up to the nearest whole number. 2 spaces per unit, provided as either: • a one-car garage (12 feet x 20 feet) and 1 covered or uncovered space; or (5) • a two-car garage (minimum 20 feet x 20 feet), or • 2 separate one-car garages (minimum 12 feet x 20 feet each) • In the R-W Zone and the Beach Area Overlay Zone, the 2 required parking spaces may be provided as 1 covered space and 1 uncovered space <5) -23- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 TABLE E, CONTINUED CONDOMINIUM PROJECTS REF. NO. E.7, cont. E.8 SUBJECT Resident Parking (6), cont. Private Recreational Space DEVELOPMENT STANDARD Multiple-family dwellings, cont. One-family and two-family dwellings Multiple-family dwellings Required parking may be provided within an enclosed parking garage with multiple, open parking spaces, subject to the following: • Each parking space shall maintain a standard stall size of 8.5 feet by 20 feet, exclusive of supporting columns; and • A backup distance of 24 feet shall be maintained in addition to a minimum 5 feet turning bump-out located at the end of any stall series. Required resident parking spaces shall be located no more than 150 feet as measured in a logical walking path from the entrance of the units it could be considered to serve. Minimum tota, area per uni, %^£££SSS£» Minimum dimension of i5feet recreational space Required private recreational space shall be located at ground level and designed so as to be functional, usable, and easily accessible from the dwelling it is intended to serve, and shall not have a slope gradient greater than 5%. Required private recreational space shall be located adjacent to the unit the area is intended to serve. Required private recreational space shall not be located within any required front yard setback area, and may not include any driveways, parking areas, storage areas, or common walkways. Open or lattice-top patio covers may be located within the required private recreation space (provided the patio cover complies with all applicable standards, including the required setbacks). Attached solid patio covers and second story decks/balconies may project into a required private recreational space, subject to the following: • The depth of the projection shall not exceed 6 feet (measured from the wall of the dwelling that is contiguous to the patio/deck/balcony). • The length of the projection shall not be limited, except as required by any setback or lot coverage standards. • The patio cover/deck/balcony shall comply with all applicable standards, including the required setbacks specified in Section 21. 45.090. Minimum total area per unit f(patio, porch, or balcony) s>H"c"e '«ei Minimum dimension of patio, „ , . porch or balcony Required private recreational space shall be functional, usable, and easily accessible from the dwelling it is intended to serve. Projects within the RH general plan designation may opt to provide an additional 75 square feet of community recreation space per unit (subject to the standards specified in Table C of this Chapter), in lieu of providing the per unit private recreational space specified above. -24- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (2) (3) (5) (6) If a project is located within the Beach Area Overlay Zone, building height shall be subject to the requirements of Chapter 21.82 of this code. See Table C in Section 21.45.060 for required setbacks from an arterial street. Building setbacks shall be measured from the outside edge of the required street right-of-way width, whichever is closest to the building. Building setbacks shall be measured from one of the following (whichever is closest to the building): a) the outside edge of the required drive-aisle width; b) the back of sidewalk; or c) the nearest side of a parking bay located contiguous to a drive-aisle (excluding parking located in a driveway in front of a unit's garage). Any uncovered required parking space in the R-W zone may be located within a required front yard setback and may be tandem. This standard does not apply to housing for senior citizens (see Chapter 21.84 of this code). 21.45.090 Residential additions and accessory uses. A. General. 1. Additions and accessory uses shall be subject to all applicable development standards of this chapter, unless otherwise specified in this section. 2. Enlargement of buildings that are legally non-conforming by reason of inadequate setbacks is permitted, provided that such enlargement does not increase the floor space more than 40% of that existing prior to such enlargement, and that the new addition complies with the setbacks and lot coverage requirements of this chapter. B. One-family dwellings and twin-homes on small lots. 1. Table F lists the provisions for residential additions and accessory uses to one- family dwellings and twin-homes on small lots. 2. The additions and accessory uses listed in Table F shall be subject to the approval/issuance of a building permit. TABLE F RESIDENTIAL ADDITIONS AND ACCESSORY USES TO ONE-FAMILY DWELLINGS AND TWIN-HOMES ON SMALL LOTS Addition/Accessory Use Attached/detached patio covers (2) Pool, spa Non-habitable detached accessory buildings/ structures (e.g., garages, workshops decks over 30 inches in height) (1)<2)(3) Habitable detached accessory buildings (i.e. guest houses and second dwelling units) (i}(3}(*> Additions to dwelling (attached) Minimum Front Yard Setback 1 0 feet to posts (2-foot overhang permitted) 20 feet 20 feet Minimum Side and Rear Yard Setbacks 5 feet to posts (2-foot overhang permitted) 5 feet - pool 2 feet - spa 5 feet Same setbacks as required for the primary dwelling Same setbacks as required for the dwelling Notes: <1) Maximum building height is 1 story and 14 feet with a 3:12 roof pitch or 10 feet with less than a 3:12 roof pitch.(2) Minimum 10-foot separation required between a habitable building and any other detached accessory building/structure.(3) Must be architecturally compatible with the existing structure.(4) Second dwelling units are subject to Section 21.10.030. C. Condominium projects. 1. Additions and accessory uses to condominium projects shall be subject to Section 21.45.100 (amendments to permits). -25- 1 21.45.100 Amendments to permits. A. Amendments to a permit may be initiated by the property owner or an authorized 2 agent, or by motion of the city council. B. Minor Amendment. 3 1. A project revision may be considered and approved as a minor amendment only if all of the following findings are made: 4 a. The proposed revision does not increase the density (i.e., the addition of units); b. The proposed revision does not decrease the density by more than 10%, and 5 provided the density is not decreased below the minimum density of the underlying residential land use designation of the General Plan; 6 c. The proposed revision does not change the boundary of the subject property; d. The proposed revision does not involve the addition of a new land use not shown 7 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); 8 e. The proposed revision does not rearrange the major land uses within the development (e.g., it does not exchange the locations of single-family units with attached units); 9 f. The proposed revision does not create changes of greater than 10%, provided that compliance will be maintained with the applicable development standards of this code as 10 follows: 1. Per individual lot or structure basis: Building floor area, coverage or height 11 (except that height reductions of more than 10% are permitted); ii. On an aggregate project basis: Parking, open space, recreation or landscaping 12 areas; g. The proposed revision is architecturally compatible with existing structures within the development. 2. Application Process. a. The application for a minor amendment shall be made in writing on the form provided by the planning department and shall be accompanied by the required fee. b. The application shall include amended exhibits, graphics, statements or other information as may be required to explain and justify the request; 16 3. Notice. a. If the planning director considers the amendment minor in nature the planning *' director shall give written notice by mail or personal delivery to all property owners within 100 feet of the subject property, as shown on the latest equalized assessment role, at least 15 days prior to a decision on an application; 4. Effective date of order. a. The effective date of the planning director's decision and method for appeal of such decision shall be governed by Section 21.54.140 of this code; C. Major Amendment. 1. Any other revision to a project that does not meet the criteria for a minor amendment, as described in subsection "B.1" of this section, shall be considered a major 22 amendment. 2. An application for a major amendment of a planned development permit shall be processed, heard and determined in the same manner as an application for a planned development permit. 24 3. When necessary, the amendment shall be accompanied by an amendment to the corresponding parcel map or tentative map. 25 21.45.110 Conversion of existing buildings to planned developments. A. Applicability. 1. Any application for the conversion of existing buildings to a planned development 27 (e.g., converting apartments to condominiums) shall be subject to all provisions of this chapter. B. Building Plans and Gas/Electric Plan. 28 -26- 1 1. An application for conversion of an existing structure to a planned development shall include building plans indicating how the building relates to present building and zoning 2 regulations and where modifications will be required. 2. Also, the application shall include a letter from San Diego Gas and Electric 3 explaining that the plans to connect the gas and electric system to separate systems are acceptable. 4 C. Conversions within the Coastal Zone. 1. The conversion of existing residential units within the Coastal Zone that are 5 occupied by persons or families of low or moderate income shall be subject to the requirements of Section 65590 of the California Government Code. 6 D. Notice to Tenants and Findings. 1. Each prospective and existing tenant of the proposed condominium project shall 7 be given written notice of the proposed conversion in accordance with Sections 66452.8 and 66452.9 of the California Government Code (Subdivision Map Act); and 8 2. In addition to all other required findings for a subdivision, the city council shall make all of the findings set forth in Section 66427.1 of the California Government Code 9 (Subdivision Map Act). 10 21.45.120 Expiration, extension and revisions. A. The expiration, extension or revision of a planned development of four or less 11 lots or units shall be governed by the provision of Section 20.24.160, 20.24.180 and 20.24.080 of this code. B. The expiration, extension or revision of a planned development of five or more lots or units shall be governed by the provisions of Sections 20.12.100, 20.12.110 and13 20.12.120 of this code. 21.45.130 Proposed common ownership land or improvements. A. Where a planned development contains any land or improvement proposed to be held in common ownership, the applicant shall submit a declaration of covenants, conditions and restrictions (CC&Rs) with the final map. Such declaration shall set forth provisions for 16 maintenance of all common areas, payment of taxes and all other privileges and responsibilities of the common ownership. B. The CC&Rs shall include provisions: 1. For maintenance of all common areas, payment of taxes and all other privileges and responsibilities of the common ownership. 1 _ 2. Prohibiting the homeowners' association from quitclaiming land in an association easement for ownership to private property owners thus allowing the homeowners to privatize a 2Q common area for his own use. C. The CC&Rs shall be reviewed by and subject to approval of the planning director. 22 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. 24 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. 25 21.45.150 Failure to maintain. 26 A. Public Nuisance. 1. All commonly-owned lots, improvements and facilities shall be preserved and 27 maintained in a safe condition and in a state of good repair. 28 -27- 1 2. Any failure to so maintain is unlawful and a public nuisance if it endangers the health, safety and general welfare of the public and is a detriment to the surrounding 2 community. B. Removal of Public Nuisance. 3 1. In addition to any other remedy provided by law for the abatement, removal and enjoinment of such public nuisance, the community development director or public works 4 director may, after giving notice, cause the necessary work of maintenance or repair to be done. 2. The costs thereof shall be assessed against the owner or owners of the project. 5 C. Notice of Maintenance Required. 1. The notice shall be in writing and mailed to: 6 a. All persons whose names appear on the last equalized assessment roll as owners of real property within the project at the address shown on the assessment roll; and 7 b. Any person known to be responsible for the maintenance or repair of the common areas and facilities of the project under an indenture or agreement. 8 2. At least one copy of such notice shall be posted in a conspicuous place on the premises. 9 3. The notice shall particularly specify: a. The work required to be done; and 10 b. That the work must be commenced within 30 days after receipt of such notice, and diligently and without interruption prosecuted to completion; and 11 c. If upon the expiration of the 30 day period, the work is not commenced and being performed with diligence, the city shall cause such work to be done; in which case, the cost and 12 expense of such work, including incidental expenses incurred by the city, will be assessed against the property or against each separate lot and become a lien upon such property. D. Upon completion of such work, the community development director or public works director shall file a written report with the city council setting forth the fact that the work has been completed and the cost thereof, together with a legal description of the property against which the cost is to be assessed. 1. Written notice shall be provided to all persons specified in subsection C.1 of this section of the hour and place that the city council will pass upon the written report and will hear any protests against the assessments shall be provided. Such notice shall also set forth the amount of the proposed assessment. a. Upon the date and hour set for the hearing, the city council shall hear and consider the report and any protests before proceeding to confirm, modify or reject the assessments. E. A list of assessment as finally confirmed by the city council shall be sent to the city treasurer for collection. 1. If any assessment is not paid within ten days after its confirmation by the city council, the city clerk shall cause to be filed in the office of the county recorder a notice of lien, in a form approved by the city attorney. a. From and after the date of recordation of such notice of lien, the amount of the 22 unpaid assessment shall be a lien on the property against which the assessment is made, and such assessment shall bear interest at the maximum rate allowed by law until paid in full. b. The lien shall continue until the amount of the assessment and all interest thereon has been paid. c. The lien shall have priority according to law. 21.45.160 Model homes. A. Except for model homes, building permits for construction within the proposed planned development shall not be issued until a final subdivision map has been recorded for the project, 27 28 -28- 1 B. A maximum of six model home units may be constructed prior to recordation of the final map, provided that adequate provision acceptable to the planning director and city 2 attorney are made guaranteeing removal of such complex if the final map is not recorded. 3 21.45.170 Restriction on reapplication for planned development permit. A. The restrictions on the reapplication for a planned development permit are 4 specified in Section 21.54.130 of this code. 5 .. SECTION III: That Chapter 21.82 of the Carlsbad Municipal Code is amended to 6 read as follows: 7 Chapter 21.82 8 BEACH AREA OVERLAY (BAO) ZONE 9 21.82.010 Intent and purpose. 21.82.020 Application. 10 21.82.030 Permitted uses. 21.82.040 Site development plan required. 11 21.82.050 Building height. 21.82.060 Parking. 12 21.82.070 Dwelling units per lot. 21.82.080 Approved projects. 21.82.010 Intent and purpose. A. The intent and purpose of the beach area overlay (BAO) zone is to supplement the underlying residential zoning by providing additional regulations for development within 15 designated beach areas to: 1. Ensure that development will be compatible with surrounding developments, both existing and proposed, in the beach area; 2. Provide for adequate parking as needed by residential projects;17 3. Ensure that adequate public facilities will exist to serve the beach area; 4. Protect the unique mix of residential development and aesthetic quality of the18 area. 19 21.82.020 Application. 20 A. The beach area overlay zone shall apply to any residentially zoned property within the area bounded by the AT&SF Railroad right-of-way to the east, the Pacific Ocean to the west, Buena Vista Lagoon to the north and Agua Hedionda Lagoon to the south. 21.82.030 Permitted uses. A. In the beach area overlay zone, any principal use, accessory use, transitional ~~ use or conditional use permitted in the underlying zone is permitted subject to the same conditions and restrictions applicable in such underlying zone and to all of the requirements of this chapter. 21.82.040 Site development plan required. A. No building permit or other entitlement shall be issued for any use in the beach area overlay zone unless there is a valid site development plan approved for the property processed pursuant to Section 21.06 (Q-Overlay Zone) of this code. When a development 27 requires a conditional use permit or is processed pursuant to Chapter 21.45 of this code, a site development plan is not required unless the planned development is for four or less units in 28 -29- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 which case a site development plan shall be processed. Further, a site development plan is not required for the construction, reconstruction, alteration or enlargement of a single-family residential dwelling on a residentially zoned lot. 21.82.050 Building height. A. No newly constructed, reconstructed, altered or enlarged residential structure within the beach area overlay zone shall exceed thirty feet and two stories if a minimum 3/12 roof pitch is provided or twenty-four feet and two stories if less than a 3/12 roof pitch is provided. Building height shall be measured as defined in Section 21.04.065 of this title. Underground parking areas and basements shall not be considered a story. In the case of underground parking as defined in Section 21.04.370 of this title, or basements as defined in Section 21.04.045 of this title, building height shall be measured from the existing grade. 21.82.060 Parking. A. With the exception of the parking standards specified in this section, the parking standards specified in Chapter 21.44 shall apply. B. The parking standards specified in Chapter 21.45 shall apply to planned developments within the BAO zone. C. Visitor Parking. 1. Visitor parking shall be provided for all residential development, as follows: TABLE A NUMBER OF VISITOR PARKING SPACES REQUIRED Number of Units Projects with 10 dwelling units or less Projects with 1 1 units or more Amount of Visitor Parking A .30 space per each unit or fraction thereof. A .25 space per each unit or fraction thereof. 2. When calculating the required number of parking spaces, if the calculation results in a fractional parking space, the required number of parking spaces shall always be rounded up to the nearest whole number. 3. Required visitor parking may be provided within driveways, subject to the following: a. One required visitor parking space may be credited for each driveway in a project that has a depth of 40 feet or more. b. If all streets within and/or adjacent to the project allow for on-street parking on both sides of the street, then visitor parking may be located in a driveway, subject to the following: i. All required visitor parking may be located within driveways, provided that all dwelling units in the project have driveways with a depth of 20 feet or more. ii. If less than 100% of the driveways in a project have a depth of 20 feet or more, then a .25 visitor parking space will be credited for each driveway in a project that has a depth of 20 feet or more (calculations resulting in a fractional parking space credit shall always be rounded down to the nearest whole number). iv. The minimum 20-foot driveway depth required for visitor parking applies to driveways for front or side-loaded garages, and is measured from the property line, back of sidewalk, or from the edge of street pavement, whichever is closest to the structure. 4. Up to 55% of the visitor parking may be provided as compact spaces (eight feet by fifteen feet); 5. No credit will be given for on-street parking to satisfy any of the parking requirements above. 21.82.070 Approved projects. -30- 1 A. This chapter shall not apply to projects having received final discretionary approval, pursuant to Titles 20 and 21 both, from the City of Carlsbad prior to June 26, 1985. If 2 projects exempted above have not commenced construction and made substantial progress towards completion by June 26, 1987, then this chapter shall apply to those projects at that 3 time. 4 EFFECTIVE DATE: This ordinance shall be effective no sooner than thirty 5 days after its adoption but not until approved by the California Coastal Commission, and the City 6 Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in 7 a publication of general circulation in the City of Carlsbad within fifteen days after its adoption. 8 9 10 11 12 13 14 " ,5 " ,6 " 17 " ,8 " 19 " 20 " 21 " 22 " 23 " 24 " 25 " 26 « 27 " 28 -31- 1 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City 2 Council on the day of 2006, and thereafter. 3 PASSED AND ADOPTED at a regular meeting of the City Council of the City of 4 Carlsbad on the day of 2006, by the following vote, to wit: 5 AYES: 6 NOES: 7 ABSENT: 8 ABSTAIN: 9 10 APPROVED AS TO FORM AND LEGALITY 11 12 RONALD R. BALL, City Attorney 13 14 CLAUDE A. LEWIS, Mayor 16 ATTEST: 17 18 LORRAINE M. WOOD, City Clerk 19 (SEAL) 20 21 22 23 24 25 26 27 28 -32-