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HomeMy WebLinkAbout1983-02-15; City Council; 9664; CMC 21.23 adds - RD-H (residential density-high) zone established1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 l? 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. 9664 AN ORDINANCE OF THE CITY COUNCII, OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING TITLE 21, OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF CHAPTER 21.23 ESTABLISHING THE RD-H (RESIDENTIAL DENSITY-HIGH) ZONE. The City Council of the City of Carlsbad, California oes ordain as follows: SECTION 1: That Title 21 of the Carlsbad Municipal ode is amended by the addition of Chapter 21.23 to read as ollows : Chapter 21.23 RD-H Residential Density-High Zone ections 1.23.010 1.23.020 1.23.030 1.23.040 1.23.050 1.23.060 1.23.070 1.23.080 1.23.090 1.23.100 1.23.110 1.23.111 1.23.112 1.23.113 Purpose Permitted Uses Uses and Structures Permitted by Conditional Use Permit Applicability of Zone Maximum Allowable Density Building Height Front Yard Side Yard Rear Yard Rear Yard Accessory Buildings Setbacks - Parking Lot Area Lot Coverage Lot Width 21.23.010 Intent and Purpose. The purpose of the RD-H one is to implement the RVH, residential very high density 30-40 du/ac) designation of the Land Use Element of the General lan. ocations where higher densities are appropriate and desirable, uch as near the commercial core, in the downtown area or close o high employment centers. It is also the purpose of this zone o provide a higher density to facilitate the development of low nd moderate income ownership and rental housing. This zoning is only to be applied in very limited 21.23.020 Permitted Uses. The following uses only hall be permitted in the RB-H zone, subject to the provisions If Chapter 21.41 and 21.44, unless otherwise provided for in his chapter: 1 2 3 4 5 6 7 e 9 1c 11 12 12 14 1: 1E 17 18 19 20 21 22 22 24 25 26 27 28 1. Single-family dwelling 2. Two-family dwellings 3. Multiple family dwellings 4. Accessory buildings 5. Signs subject to the prov sions of Chapter 21. 21.23.030 Uses and Structures Permitted by Conditional Use Permit. Subject to the provisions of Chapters 21.42 and 21.50, the following uses and structures are permitted by conditional use permit: 1. Residential care facilities serving more than six 2. Professional care facilities; 3. Public and private commercial parking lots and parking structures; 4. Child care nurseries, if a single play lot not less than six-hundred square feet in area, plus an additional seventy-five feet of area for each child in excess of nine, is provided on the lot or adjacent to the premises. Such play lot shall not be located in any required front or side yard. persons ; 21.23.040 Applicability of Zone. This zone is site specific >ange to the RD-H zone must be accompanied by and processed concurrently with a site development plan for apartments or a planned development permit for ownership units. 21.23.050 Dwelling Units Per Lot. (a) The number of dwelling units permitted on a lot shall be consistent with the density specified by the general plan. (b) Whenever the general plan establishes density in terms of ranges, the density for a project shall be the lowest density established by the range unless the Planning Commission or the City Council, whichever the final decision making body €or a project is, finds that a greater density within the range is justified under the provisions of the general plan. to be zoned RD-H is located in a transitional area between existing residential neighborhoods and other uses, or in a transitional area between property zoned for residential uses or other uses, the City Council may designate the maximum density permitted on the property at a point within the range established by the general plan. project pursuant to subdivision (b) shall not exceed this maximum density. Designation of the maximum density shall be done at the time the property is rezoned or, if the property has previously been zoned RD-H, then the designation shall be done in the same manner as a change of zone. Property which has a maximum density designation shall be subject to Subsection (b). (c) Whenever property which is zoned or which is proposed The density established for a 21.23.060 Building Height. The maximum allowable building height shall be thirty-five feet. .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 21.23.070 Front Yard. Every lot in the RD-H zone shall have a front yard of not less than ten feet in depth. No carports or garages shall face onto this front yard. The front yard shall be heavily landscaped with a combination of flowers, shrubs and trees, and irrigated with a permanent irrigation system. Landscape plans and irrigation system plans shall be approved by the Land Use Planning Office prior to issuance of a building permit for a proposed structure. 21.23.080 Side Yard. Every lot shall have a side yard 1. Interior lots shall have a side yard on each side of the 2. Corner lots and reversed corner lots shall have side as follows: lot of not less than five feet in width; yards as follows: A. On the side lot line which adjoins another lot, the side yard shall be the same as that required on an interior lot. the side yard shall be ten feet. B. On any side of a lot which is adjacent to a street, 21.23.090 Rear Yard. There shall be a rear yard of not less than ten feet in depth. 21 . 23 . 100 Rear Yard - Accessory Buildings . No accessory buildings more than one story in height and no accessory living quarters shall occupy any part of a required rear yard. Accessory buildings within a rear yard may be located to one side lot line and to the rear lot line, providing the distance from any property line adjacent to a street is not less than five feet, and further provided, the distance between buildings used for human habitation and accessory buildings shall be not less than ten feet. 21 -23.1 10 Setbacks - Parking. The side yard setback of uncovered, off street parking may be reduced up to zero feet provided that a six-foot high masonry wall is built along the property line adjacent to the setback area. A zero-foot setback may be permitted for subterranean parking, provided the required setbacks for the dwelling structure are landscaped and maintained. 21.23.111 Lot Area. The minimum lot area shall not be less than one-half acre. 21.23.112 Lot Coverage. All buildings, including accessory buildings and structures, shall cover no more than seventy percent of the lot. 21.23.113 Lot Width. Every lot shall be a width of not less than seventy-five feet at the rear line of the required front yard. //// 1 2 z 4 E E 1 E 9 IC 11 12 12 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 2: The City Council hereby declares that it would have passed this ordinance phrase by phrase, sentence by sentence, paragraph by paragraph and section by section, and does hereby declare that the provisions of this ordinance are severable and, if for any reason any sentence, paragraph, or section of this ordinance shall be held invalid, such decision shall not affect the validity of the remaining parts of this xdinance. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in the Carlsbad Journal within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the I Zarlsbad City Council held on the 1st day of FdW 1983, and thereafter PASSED AND ADOPTED at a regular meeting of said City Zouncil held on the 15th day of February , 1983 , by the Eollowing vote, to wit: AYES: NOES: None ABSENT: None Council l9-s Casler, -is, Kulchin, Chick and Prescott ytd @A, MARY H. ASLER, Mayor ITTEST : :SEAL) c .4