HomeMy WebLinkAbout1985-08-06; City Council; 9764; CMC 21.32 add - Establish beach area overlay zonec ,..
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0 EXHIBIT X
ORDINANCE NO* 9764
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 21, OF THE
CARLSBAD MUNICIPAL CODE BY THE ADDITION OF
CHAPTER 21.82 ESTABLISHING THE BEACH MEA OVERLAY ZONE.
The City Council of the City of Carlsbad, California
does ordain as follows:
SECTION 1: That Title 21 of the Carlsbad Municipal Code
is amended by the addition of Chapter 21.82 to read as follows:
CHAPTER 21.82
BEACH AREA OVERLAY (BAO) ZONE
Sections:
21.82.010 Intent and purpose.
21.82.020 Application.
21.82.030 Permitted uses.
21.82.040 Site development plan.
21.82.050 Building height.
21.82.060 Parking.
21.82.070 Dwelling units per lot.
. .. .. .
21.82.010 Intent and purpose. 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 designated beach areas to:
surrounding developments, both existing and proposed, in the
beach area.
residential projects.
to serve the beach area.
and aesthetic quality of the area.
(1) Ensure that development will be compatible with
(2) Provide for adequate parking as needed by
(3) Ensure that adequate public facilities will exist
(4) Protect the unique mix of residential development
21.82.020 Application. 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. 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
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21.82.050 Building Height. No newly constructed,
reconstructed, altered or enlarged residential structure within the
>each area overlay zone shall exceed two stories or 25 feet in
ieight whichever is less. Covered parking areas shall be considere
:o be a story and shall be included in determining height.
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;uch underlying zone and to all of the requirements of this
ihapter .
21.82.040 Site development plan required. No building )ermit or other entitlement shall be issued for any use in the
)each area overlay zone unless there is a valid site development
)lan approved for the property processed pursuant to Section
!1.06 (Q-Overlay Zone) of the Municipal Code. When a development -equires a conditional use permit or is processed pursuant to
!hapter 21.45 of this code a site development plan is not
:equired unless the planned development is for four or less units
.n which case a site development plan shall be processed.
purther, a site development plan is not required for the
:onstruction, reconstruction, alteration or enlargement of a
;ingle family residential dwelling on a residentially zoned lot.
21.82.060 Parking.
<a) Resident Parking. All dwelling units shall have at Least two full-sized residential parking spaces, one of which nust be covered, except for studio units which shall have a ratio
>f 1.5 parking spaces per unit, for which one space per unit
;hall be covered. In cases where a fractional parking space is
required, the required number of spaces shall be rounded to the
iearest highest whole number.
(1) Visitor parking shall be provided as follows:
(b) Visitor Parking.
No. of Units Amount of Visitor Parking
10 dwelling units or less 1 space for each 2
dwelling units or fraction
thereof.
Greater than 10 dwelling units
5 spaces for the first 10
units, plus 1 space for
each 4 dwelling units
above 10 or fraction
thereof.
Twenty percent of the visitor parking spaces may be provided as
tandem parking if the garages are set back at least twenty feet
from the front property line, or in the case where no individual
property lines are present, then at least twenty feet from the edge of the street pavement or sidewalk, whichever is closest to
the structure:
parking may be provided as compact spaces (eight feet by fifteen
feet).
(2) Up to fifty-five percent of the visitor
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(3) No credit will be given for on-street
parking to satisfy any of the parking requirements above. (c) Building setbacks from open parking areas shall not be less than five feet.
(d) Screening of Parking Areas. All open parking areas
consisting of five or more spaces shall be screened from adjacent
residences and public rights-of-way by either a view-obscuring
wall or landscaping subject to the approval of the land use
planning manager.
21.82.070 Dwelling units per lot.
(a) Unless a lower residential density is established
by the underlying zoning the number of residential dwelling units permitted on a lot shall be as follows:
(1) For property which has a general plan designatioi
of RLM residential low-medium density the residential density shall
be 1.0 to 4.0 dwelling units per acre.
(2) For property which has a general plan designatioi
of RM residential medium denisty the residential density shall be
4.1 to 9.0 dwelling units per acre.
of RMH residential medium-high density, the residential density
shall be 9.1 to 15.0 dwelling units per acre.
(3) For property which has a general plan designatioi
(4) For property which as general plan designation 0:
H residential high density, the residential density shall be 15.1
o 23.0 dwelling units per acre.
(b) Whenever density is established in terms of anges, the density for a project shall be the lowest density stablished by the range unless the planning commission or the
ity council, whichever is the final decision making body for a
roject, finds that a greater density within the range is
ustified under the provisions of the general plan.
21.82.080 Approved Projects This ordinance shall not apply to projects having received inal discretionary approval pursuant to Title 20 and 21 both from
he City of Carlsbad prior to June 26, 1985. If projects exempted
bove have not commenced construction and made substantial progress
owards completion by June 26, 1987, then this ordinance shall appl; o those projects at that time.
EFFECTIVE DATE: This ordinance shall be effective thirty
231bays after its adoption, and the City Clerk shall certify to the
doption of this ordinace and cause it to be published at least oncc
nc the Carlsbad Journal within fifteen days after its adoption.
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ALETHA L. RAUTENKRANZ, City Cl&k
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INTRODUCED AND FIRST READ at a regular meeting of the
:arlsbad City Council Held on the 23rd day of July 1985,
md thereafter
PASSED AND ADOPTED at a regular meeting of said City
:ouncil held on the 6th day of Rugust , 1985 by the
following vote, to wit:
AYES:
NOES: None
ABSENT: Council Phnker Pettine
Council Me.mbers Casler, Lewis, Kulchin, and Chick
SPPROVED AS TO FORM AND LEGALITY
% SLER, d ae- Mayor
ATTEST :
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