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HomeMy WebLinkAbout1978-05-02; City Council; 9498; CMC 21 amends - R-E (rural residential estate) added2 3 4 5 6 7 8 9 1E 17 1E 1s 2c 21 22 2: 24 2: 2E 27 2E 2s ORDINANCE NO. 9498 AN ORDINANCE OF THE CITY COUNCI F THE CITY OF CARLSBAD, CALIFORNIA, AMENDING VARIOUS CHAPTERS OF TITLE 21, OF THE CARLSBAD NUNICIPAL CODE TO REVISE THE ZONING REGULATIONS BY ADDING THE RURAL- RESIDENTIAL ESTATE ZONE. The City Council of the City of Carlsbad, California, does Drdain as follows: SECTION 1: Title 21, Chapter 21.04 of the Carlsbad Municipa Code foll is amended by the amendment of Section 21.04.065 to read as ws : "21.04.065 Building Height. The height of a building or structure, shall b e measured as the greatest vertical distance along a line between the highest point of the coping of a flat roof or the highest point of a mansard roof or the average height of the highest gable of a pitched or hipped roof and finished grade at any point adjacent to, or five feet out from any building wall (or at the property line, whichever first occurs), whichever is lower in elevation. Provided, however, that for parcels which slope downward from a dedicated public right-of-way, whenever the natural grade elevation difference between the average elevation of the grade along the front yard setback line and the average elevation of the grade along the rear most building or structure wall exceeds a slope of 2:1, (one foot vertical rise in 2 feet of horizontal distance), the building or structure height may me measured vertically along the rearmost building or structure wall, rather than five feet out from the wall. utilized to create finished grade higher in elevation than pre- existing grade, then pre-existing grade shall be used in the determination of building or structure height. Pre-existing grade is defined as the ground level elevation which existed prior to any site preparation related to, or to beincorporatedinto, the proposed new development or alteration." In the cases where retaining walls or fill grading are SECTION 2: Title 21, Chapter 21.05, Section 21.05.010 of the Carlsbad Municipal Code is amended by the addition of the following: I' R-E Resident i a1 Estate 'I SECTION 3: Title 21, Chapter 21.05 of the Carlsbad Municipal Code is amended by the amendment of Section 21.05.020(3) to read as follows: "(3) Uses permitted in the R-A Zone, the 0-S Zone, the E-A Zone and the R-E Zone shall be considered to be as restrictive as those permitted in the R-1 Zone, except that those uses pertaining to animals shall be considered as 'more restrictive uses' for the purposes of this section", SECTION 4: Title 21 of the Carlsbad Municipal Code is hereby amended by the addition of Chapter 21.09 to read as follows: "Chapter 21.09 R-E Rural Residential Estate Sections: 21.09.010 21.09.020 21.09.030 21.09.040 21.09.050 21.09.060 21.09.070 21.09.075 21.09.080 21.09,090 21.09.100 21.09.110 21.09.120 21.09.130 21.09.140 21.09.150 21.09.160 21.09.170 21.09.180 Intent and purpose. Permitted uses. Permitted accessory uses and structures. Uses and structures permitted by conditional use permit. District requirements. Storage requirements. Building height. Fire retardant roof required. Front yard. Side yard. Placement of buildings. Minimum lot area. Lot width. Lot coverage. Parking. Subdivision of land in the R-E Zone. Modifications of public improvements. Covenants, conditions and restrictions. Findings required for rezoning or resubdivision to a more intensive use. 21.09.010 Intent and purpose. The intent of the R-E Zone is to provide a residential area in harmony with the natural terrain and wildlife. Where feasible or desirable there are to be large open areas between structures, large yards, and areas left in a natural setting. The zones shall be limited to single family /// /// /// 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 90 development with incidental and compatible agricultural uses. Public facilities shall be sufficient to provide for convenience and safety, but need not meet full City standards. 21.09.020 Permitted uses. In an R-E Rural Residential Estate Zone, only the following uses are permitted subject to the provisions of this chapter, and to the development standards provided in Chapter 21.41 and 21.44: (1) One one-family dwelling unit per lot. (2) Grazing of ruminant animals provided that there is a minimum of 10 acres of land used exclusively for such grazing and the number of horses and cattle does not exceed 4 per acre, or small animals, such as goats and sheep, does not exceed 12 per acre. For combining of animals, one large animal is equivalent to 3 small animals. (3) Crop production. (4) Floriculture. 21.09.030 Permitted accessory uses and structures. If a one-family dwelling unit exists on a lot, the following accessory uses and structures are permitted on such lot on the same terms as the permitted uses specified in Section 21.09.020: Ordinary household pets, including but not limited to dogs and cats. Not more than two adult dogs and two adult cats are permitted for each dwelling unit together with offspring under four months of age. Horses and other grazing animals provided that such animals shall not exceed one for each 20,000 square feet of land specifically designated for such animal. Youth farm projects that are sponsored by nonprofit organizations such as 4-H. Barns, private garages, playhouses, windmills, silos, radio and television receiving antennas, stables, and other similar accessory uses required for the conduct of the permitted uses. Greenhouses less than 2,000 square feet, provided all requirements for yards, setbacks and height are met. Poultry, rabbits, chinchillas and other small animals provided that all such animals shall at all times be confined to an enclosure, and that not more than 25 of any one animal or combination of such animals may be maintained at any time on any single lot. 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 (7) Maintaining mail address for commercial and business license purposes only, provided no stock in tradep supplies, professional equipment, apparatus or business equipment except such as are accessory to a permitted use are kept on the premises, and provided that no employees or assistants are engaged for services on the premises except in connection with uses specificall listed as permissible in this chapter, provided further that no more than one motor vehicle may contain equipment, tools and stock in trade maintained therein provided such tools and equipment are not used for the performance of services upon the premises and the stock in trade is not sold from the premises. 21.09.040 Usesand structures permitted by conditional use permit. Subject to the provisions of Chapter 21.50, the following uses and structures are permitted by conditional use permit: (1) Apiary, provided that all hives or boxes housing bees shall be placed at least four hundred feet from any street, school, park, Residential Zone, or from any dwelling or place of human habitation other than that occupied by the owner or caretaker of the apiary. Greenhouse greater than two-thousand square feet, provided all requirements for yards, setbacks and height are met. (2) Commercial stables and/or horse-boarding facilities. (3) (4) Nurseries, both wholesale and retail. (5) Poultry, rabbits, chinchillas, and other small animals in excess of 25 of any one animal or combination of such animals. site. (6) Produce stands, for the sale of produce raised on the 21.09.050 District requirements. The R-E Zone shall not be applied to any area of less than 10 acres of contiguous land. Property separated by a public street shall be considered contiguous if more than 100 feet of frontage is on direct opposite sides of the street. 21.09.060 Storage requirements. Storage of all equipment, supplies, and recreation vehicles shall be within enclosed buildings or shall be shielded from view from public streets or easements by landscape barrier or other methods. 21.09.070 Building height. No building in the R-E Zone 21.09.075 Fire retardant roof required. All buildings in shall exceed a height of 35 feet. the R-E Zone shall be constructed with a fire retardant roof cover- ing as defined in Section 3203(e) of the 1976 Edition of the Jniform Building Code. 4. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2c 21 22 29 24 25 26 27 2e nm 21.09.080 Front yard. Every lot in the R-E Zone shall have a front yard which has a depth of not less than 70 feet. Building or structures may occupy a portion of the front yard as follows: (I) Fences of wood or wood and masonry combination, chain link or equal quality, not to exceed 5 feet in height, provided the fence is at least 50 percent open and is located at least 10 feet from the front property line. (2) Roofed shelter for animals open on at least three sides provided it is located at least 20 feet from any property line fronting on a public street or easement. The Planning Commission may approve the construction of dwellings and garages provided they are located at least 20 feet from the street property line in cases where the difference in elevation of the required front yard setback line and the center line of the street exceed 15 feet. Application for such reduction in required front yard setback shall be made by Site Development Plan as per Chapter 21.06 of this code. (3) 21.09.090 Side yard. In an R-E Zone an interior side yard shall not be less than 15 feet in width and street side yard shall not be less than 50 feet in width. The Planning Commission may approve the construction of dwellings and garages provided they are located at least 20 feet from the street side yard property line in cases where the difference in elevation of the required street side yard setback line and the center line of the street exceeds 10 feet. Application for such reduction in required street side yard setback shall be made by Site Development Plan as per Chapter 21.06 of this code. 21.09.100 Placement of buildings. Placement of buildings on any lot shall conform to the following: Except as permitted by Sections 21.09.080 and 21.09.090 no building shall occupy any portion of a required yard Any building, any portion of which is used for human habitation, shall observe a distance from any rear property line the equivalent of twice the required interior side yard. The distance between buildings used for human habitation and detached accessory buildings shall not be less than 10 feet. The keeping of all domestic animals provided for in this chapter shall conform to all other provisions of law governing same and no pen, coop, stable or barn shall be erected within 40 feet of any building used for human habitation or within 25 feet of any property line. 5. 1 2 3 4 5 6 7 a 9 10 11 12 12 14 15 1E 17 1E 1s 2c 21 22 2: 24 2: 2c 25 21 A#. (5) A building permit for a dwelling unit to be located further than 500 feet from a fire hydrant shall not be issued without the approval of the Fire Chief. The Fire Chief may require the installation of additonal safety equipment, including fire hydrants or stand pipes as a condition of such approval. - 1. 3.110 Minimum lot area. The minimum required area of In no case shall a 3 lot i the R-E Zone shall be determined by average natural slope of each lot proposed for the property. Lot be created with an area of less than one acre. The area of 2 lot shall be determined by the application of the following formula: (1) Lot Area Average Natural Slope 0% to 12.5% 12.5% to 20% 20% to 25% Over 25% ?/Iinimum Lot Size 1 acre 2 acres 3 acres 4 acres Average natural slope shall be determined when the property is subdivided, The subdivision map shall indicate the proposed boundaries of each lot and the natural slope of each lot. To calculate average natural slope, the subdivision map shall be drawn to an appropriate scale (not greater than one inch equals 200 feet) and contain contour intervals not greater than 5 feet. Computation of the average natural slope shall be done using the following formula : S = 0.00229 X I X L A Where S = Average natural slope in percent I = Contour interval in feet L = Length of contour in feet A = Acres of area being measured 0.00229 = Constant which converts square feet into acres and The average natural slope shall be certified by a registered Civil Engineer. (3) When the subdivision is approved and recorded, the lot expresses slope in percent areas contained therein shall be a part of the zoning restrictions imposed on the subject property by this chapter. 6. 3 2 3 4 5 6 7 e 9 1c 11 12 1: 14 If 18 17 1E 11 2( 21 22 21 24 2: 2t 2: 2t 21.09.120 Lot width. (1) In the R-E Zone, every -3t created shall have a (2) The City Council for major subdivisions or minor minimum lot width of 100 feet. subdivisions on appeal and Planning Commission for minor subdivisions may approve panhandle or flagshaped lots where the lot area width and yards shall be measured as follows: The buildable portion of the lot which is the total area minus that portion containing the access portion (handle) shall meet the minimum area requirement of the R-E Zone. The width requirement for the buildable portion of the lot shall be as required €or lots in the R-E Zone. The yard requirements of the R-E Zone shall be met except that front yard setbacks may be reduced to 30 feet. The minimum width of the access portion shall be 24 feet except where the access portion is adjacent to the same portion of another such lot, in which case the required minimum width shall be 15 feet, provided a joint easement ensuring common access of a minimum width of 30 feet to both such portions is recorded. An improved driveway shall be provided within the acess portion of the lot from a public street or public easement to the parking area on the buildable portion of the lot which is at least 14 feet wide for single lots and 20 feet wide when serving more than one lot. The minimum overhead clearance shall be 10 feet. The driveway shall be constructed of two inch thick asphalt concrete paving on proper base with rolled edges. Each lot shall have at least three nontandem parking spaces with an approach not less than 24 feet in length with proper turnaround space to permit complete turnaround for forward access to the street. This parking and access arrangement shall be designated to the satisfaction of the Planning Director. Structures permitted in the access portion of the lot shall be limited to mailboxes, fences, gates, trash enclosures, landscape containers and name- plates. Except for mailboxes, these structures shall not be greater than 42 inches in height if located within 20 feet of the street property line or greater than 6 feet in height beyond this point. 7, J i 5 4 F E r 1 € 5 1c 11 1; 1: 14 1: 1E 17 I€ 19 2c 21 22 23 24 25 26 27 28 29 (H) The property owner of such a lot shall agree to hold the City or any other public service agency harmless from liability for any damage to the driveway when being used to perform a public service. 21.09.130 Lot coverage. All buildings including accessory buildings and structures, excluding greenhouses, shall not cover more than 20 percent of the area of the lot. 21.09.140 Parking. Notwithstanding parking requirements of Zhapter 21.44, not less than two off-street parking spaces shall be provided for each residence. The required two spaces shall be covered by a garage or carport, and the driveway adequately paved Mith either concrete or asphalt cement prepared over adequate base. 21.09.150 Subdivision of land in the R-E zone. The sub- fiivision of land in the R-E Zone shall be subiect to the followina: (1) Subdivisions shall be subject to ail provisions of theJ City's subdivision regulations (Title 20) except as specified in Section 21.09.160 of this chapter. (2) In addition, the City Council will review the tentative for compliance with the intent and purpose of the Zone and with the following standards: Preservation of the rural and natural characteristic of the area within the R-E Zone. That the orientation of improvements on the individ- ual sites to relate with the natural topography. Property lines shall be designed in keeping with the terrain by following natural drainage courses, ridge lines, and tops of graded slopes wherever practicable. Grading to be minimized but where grading is necessary it is to blend with the natural topography wherever practicable. Favorable features of the individaul sites (i.e., mature trees and other significant vegetation, rock outcroppings, mounds, view, etc.) can be preserved and maximized. Theindividual sites will have a desirable visual appearance from all practical view points (adjoining developments, streets, trails, and other view corridors. Each lot of the subdivision is buildable with usable access without undo alteration of the terrain. (3) To facilitate this review, the applicant shall submit a preliminary grading plan to the City with the Tentative map. existing topography, preliminary grading, drainage, The preliminary grading plan shall show 8. 1 2 7 u 4 5 6 7 a 9 n 16 17 18 19 20 21 22 23 24 25 26 27 28 39 (4 drives, building pads, streets and trails. In addition, the preliminary grading plans shall indicate all areas of mature trees and native perennial vegetation. In addition to the findings required by Title 20 and the Subdivision Map Act, the City Council must also find that a subdivision is consistent with the require- ments of this section. Failure of a subdivision to meet the standards of this section shall'be grsunds for denial. 21.09.160 Modifications of public improvements. (a) All public facilities, dedications and improvements shall be required in accord with the Carlsbad Municipal Code and adopted policies and standards of the City of Carlsbad. However, as hereinafter provided, the City Council may modify certain special public improvement standards provided the design of these modified improvements is related to the function, topography and needs of the area. Any such modifications shall be reflected as conditions of approval to a tentative subdivision map. subdivisions may be modified as follows: (b) Street improvements and dedications for streets inside Right-of-way for streets may be reduced provided that they not be reduced to less than 40 feet. Parking lane may be deleted on one side of streets. Pavement width may be reduced on streets serving eight or less units to 28 feet parking one side, or 32 feet parking both sides. Pavement width may be reduced on streets serving more than eight units to 30 feet parking one side, or 36 feet parking both sides. All or part of the required sidewalks, curbs, gutters or drainage structures may be waived or modified if it is found that such improvements are unwarranted and would distract from the rural character of the area, If such requrements are waived, the City Engineer may require that drainage easements and/or drainage releases be made part of the tract map to insure proper drainage over private property. Horizontal and vertical alignment standards may be modified or waived to reduce grading. In such cases, an adequate right-of-way shall be provided to accom- modate possible future corrections to meet City standards. The City Council shall have the option of requiring that street right-of-way shall be privately maintained under a property owners association or may accept an offer of dedication. If privately owned, the streets shall be open to the public by easement. (c) Public sewer systems shail be required to serve each lot in the R-E Zone unless specifically waived by City Council. Such 9. 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 90 waiver shall be conditioned on the installation of an alternative sewer disposal system permitted by this code and found by the City Council to be feasible for each lot. The determination of the adequacy of such alternate system shall be based on detailed soils testing on each existing or proposed lot as provided for by the County Health Department. pare plans for a future public sewer system as a backup system. Dedication of all easements necessary to construct such a backup public sewer system shall be required as a condition of final map approval. the subdivider from providing public facilities, dedications and improvements that also provide services necessary for the welfare of the general public as required by the general plan, applicable specific plans, or Citv ordinances orpolicies. If an alternate system is approved the subdivider shall pre- (d) Any modification pursuant to this section shall not relieve 21.09.170 Covenants, conditions and restrictions. The filin of a tentative map in an R-E Zone shall include the submittal of proposed private deed covenants, conditions and restrictions. As a minimum these documents shall include the following providions: (1) Lots in the R-E Zone may not be resubdivided. (2) Minimum floor area for dwelling units shall be included. (3) Provisions for the maintenance of private property, including private streets, pedestrian and equestrian trails and open areas,are in a manner consistent with the purposes of this zone. They may not be amended w'ithout the approval of the City Council. Council prior to approval of the final map and they must be recorded, (4) The City of Carlsbad shall be a party. (5) The CC&R's must be approved by the City 21.09.180 Findings required for rezoning or resubdivision to a more intensive use. Once an R-E Zone has been adopted and subdivisions haveoccurredunder the provisions of this chapter, n rezoning or resubdivision to a more intensive use may be granted on any lot without a finding by the City Council in addition to all other findings required by law, that an improvement district has Seen formed which will provide for the financing of the improvements necessary to bring all public improvements, on and offsite, to full City standards and specifications applicable at the time of such rezoning or that said improvements have other- wise been provided. CC&R's required by Section 21.09.170." This restriction shall be made a part of the SECTION 5: That Title 21, Chapter 21.42, Section 21.42.010 of the Carlsbad Municipal Code is hereby amended by the amendment of the first line of Subsection (8) to read as follows: 10. . le 17 1E 1s 2c 21 22 2: 24 2: 2t 2: 2E "(8) R-E, R-A, R-1, R-2, R-3, R-P, RD-M, and E>-C Zones:" EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least mce in the Carlsbad Journal within fifteen days after it adoption. INTRODUCED AND FIRST READ at a meeting of the Carlsbad City Council held on the 18th day of April , 1978 and thereafter PASSED AND ADOPTED at a meeting of said City Council held on the 2nd day of May , 1978, by the following vote, to wit: AYES : Councilmen Packard, Skotnicki, Anear and Councilwoman Casler NOES : None ABSENT : None ATTEST: (SEAL) 11.