HomeMy WebLinkAbout2004-09-28; City Council; NS-718; Residential GP & zoning consistency amendments...1
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ORDINANCE NO. NS-718
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA AMENDING TITLE 21 OF THE
MUNICIPAL CODE BY AMENDING THE RESIDENTIAL
REGULATIONS IN THE ZONING ORDINANCE TO ENSURE
CONSISTENCY BETWEEN THE GENERAL PLAN AND ZONING
ORDINANCE.
CASE NAME: RESIDENTIAL GENERAL PLAN AND ZONING
CONSISTENCY AMENDMENTS
CASE NO.: ZCA 03-02
The City Council of the City of Carlsbad, California does ordain as follows:
SECTION 1: That the listing of "Section 21.04.135 in the "Sections" list at the
beginning of Chapter 21.04 of the Carlsbad Municipal Code is amended to read as follows:
21.04.135 Dwelling, multiple-family.
SECTION 2: That Section 21.04.030 of the Carlsbad Municipal Code is amended
to read as follows:
21.04.030 Apartment.
occupied or suitable for occupancy as a residence for one family.
"Apartment" means a room, or a suite of two or more rooms in a multiple-family dwelling,
SECTION 3: That Section 21.04.1 15 of the Carlsbad Municipal Code is amended
to read as follows:
21.04.1 15 Dwelling.
"Dwelling" means a building or portion thereof designed exclusively for residential
purposes, including one-family, two-family and multiple-family dwellings, but does not include
commercial living units.
SECTION 4: That Section 21.04.135 of the Carlsbad Municipal Code is amended
to read as follows:
21.04.1 35 Dwelling, multiple-family.
"Multiple-family dwelling" means a building, or portion thereof, designed for occupancy
by three or more families living independently of each other, and containing three or more
dwelling units.
SECTION 5: That Chapter 21.08 of the Carlsbad Municipal Code is amended to
read as follows:
ill
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21.08.010
21.08.020
21.08.030
21.08.040
21.08.050
21.08.060
21.08.070
21.08.080
21.08.090
21.08.100
ChaDter 21.08
R-A RESIDENTIAL AGRICULTURAL ZONE
Intent and Purpose.
Permitted Uses
Building Height.
Front Yard.
Side Yards.
Placement of Buildings.
Minimum Lot Area.
Lot Width.
Lot Coverage.
Development Standards.
21.08.01 0 Intent and PurDose.
A. The intent and purpose of the R-A Residential Agricultural zone is to:
1.
2.
Implement the Residential Low Density (RL) and Residential Low-Medium
Provide regulations and standards for the development of one-family
Density (RLM) land use designations of the Carlsbad General Plan; and
dwellings, and other permitted or conditionally permitted uses, as specified in this chapter.
21.08.020 Permitted Uses.
A. In an R-A zone, notwithstanding any other provision of this title, only the uses
listed in Table A, below, shall be permitted -subject to the requirements and development
standards specified in this chapter, and subject to the provisions of Chapter 21.44 governing off-
street parking requirements.
The uses permitted by conditional use permit, as indicated in Table A, shall be
subject to the provisions of Chapters 21.42 and 21 50. B.
TABLE A
PERMITTED USES
In the table, below, subject to all applicable permitting and development requirements of the
Municipal Code:
0
0
“P” indicates use is permitted
“CUP” indicates use is permitted with approval of a conditional use permit.
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USE
Biological habitat preserve, subject to Sec. 21.42.01 0(15)(A) (defined: Sec.
TABLE A, continued
PERMllTED USES
P CUP Acc
X
21.04.048)
Campsites (overnight), subject to Sec. 21.42.01 0(2)(H)
Cemeteries
Churches
Dumps (publidtemporary) (defined: Sec. 21.04.1 10)
Dwelling, one-family (defined: Sec. 21.04.125)
Family day care home (large), subject to Chap. 21.83 (defined: Sec.
Family day care home (small), subject to Chap. 21.83 (defined: Sec.
21.04.147)
X
X
X
X
X
X
X
Sec. 21.04.302)
Schools, publidprivate (defined: Sec 21.04.140)
Second dwelling unit, subject to Sec. 21.10.030 (defined: Sec. 21.04.303)
Signs, subject to Chap. 21.41 (defined: Sec. 21.04.305)
Temporary bldgltrailer (real estate or construction), subject to Sec.
21 53.090 and 21 53.1 10
Wireless Telecommunication Facilities
Zoos (Private). subiect to Sec. 21.42.01 0(2)(K) (defined: Sec. 21.04.400)
late:
Private garages (defined: Sec. 21.04.150) shall accommodate not more than four
cars; however, additional garage or implement shelters may be erected, maintained and used
on sites of ten acres or more, provided that such structures shall not occupy any required yard
space.
On sites of four (4) acres or less, there shall not be more than two (2) horses, or
two (2) sheep or two (2) bovine animals per acre of ground devoted to feed such animals
(excluding feed lots).
Poultry, rabbits and other fur bearing animals shall be confined at all times within
an enclosure.
The keeping of all domestic animals provided for in this section shall conform to
all other provisions of law governing the same, and no fowl or animal, or any pen, coop, stable,
or barn, shall be kept or maintained within forty (40) feet of any building used for human
habitation located on adjoining property, or within forty (40) feet of any street or public property.
A conditional use permit is not required for a golf course if it is approved as part
of a master plan for a planned community development.
Mobile homes must be certified under the National Mobilehome Construction and
Safety Standards Act of 1974 (42 U.S.C. Section 5401 et seq.) on a foundation system pursuant
to Section 18551 of the State Health and Safety Code.
1)
2)
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2E
7) Public/quasi-public accessory utility buildings/facilities include, but are not limited
to, water wells, water storage, pump stations, booster stations, transmission/distribution
electrical substations, operating centers, gas meteringhegulating stations, or telephone
exchanges, with the necessary accessory equipment incidental thereto.
21.08.030 Buildinq Heiqht.
No building in the R-A zone shall exceed a height of thirty feet and two stories if a
minimum roof pitch of 3:12 is provided or twenty-four feet and two stories if less than a 3:12 roof
pitch is provided for lots under twenty thousand square feet.
Single-family residences on lots with a lot area of twenty thousand square feet or
greater and within an R-A zone and specifying a -20 or greater area zoning symbol shall not
exceed thirty-five feet and three stories with a minimum roof pitch of 3:12 provided. (Ord. NS-
204 § 6, 1992: Ord. NS-180
A.
B.
11, 1991: Ord. 9060 401)
21.08.040 Front Yard.
Every lot in an R-A zone shall have a front yard which has a depth not less than
twenty feet, except that on key lots and lots which side upon commercially or industrially zoned
property, the required front yard need not exceed fifteen feet. (Ord. 9060 § 502)
A.
21.08.050 Side Yards.
A. In the R-A zone every lot shall have side yards as follows:
1. Interior lots shall have the following side yards:
a. A side yard shall be provided on each side of the lot which side
yard has a width equal to ten percent of the lot width; provided, that such side yard shall not be
less than five feet in width and need not exceed ten feet;
The planning director may approve a reduction in width of one
side yard provided that the opposite side yard is increased in width by an amount equal to the
reduction. The reduced side yard shall not be less than five feet in width nor shall it abut a lot or
parcel of land with an adjacent reduced side yard, nor shall the increased side yard have a
width of less than ten feet; and
C. In the event special circumstances exist, such as extreme
topographical features and/or irregular shaped lots (such as those which front on cul-de-sacs),
the planning director may approve the application of a reduced side yard adjacent to a reduced
side yard, subject to the following condition:
i. A minimum of ten feet between buildings shall be
maintained.
b.
2. Corner lots and reversed corner lots shall have the following side yards:
a. On the side lot line which adjoins another lot, the side yard shall
be equal to ten percent of the lot width; provided that such side yard shall not be less than five
feet in width and need not exceed ten feet; and
b. On the side street, the width of the required side yard shall be ten
feet and such side yard shall extend the full length of the lot. (Ord. 1256 7 (part), 1982; Ord.
9343 1,1973: Ord. 9060 § 403)
21.08.060 Placement of Buildinas.
A. Placement of buildings on any lot shall conform to the following:
1. Interior Lots:
a.
b.
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 side lot line the equivalent of the required side yard on such
lot and from the rear property line the equivalent of twice the required side yard on such lot;
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c. The distance between buildings used for human habitation and
between buildings used for human habitation and accessory buildings shall be not less then ten
feet;
d. All accessory structures shall comply with the following
development standards:
i. The lot coverage shall include accessory structures in the
lot coverage calculations for the lot,
ii. The distance between buildings used for human habitation
and accessory buildings shall be not less than ten feet,
iii. When proposed on a lot adjoining native vegetation,
accessory structures within a fire suppression zone must be reviewed and approved by the fire
department,
Accessory buildings, by definition, do not share a common
wall with the main dwelling unit structure,
Buildings shall not exceed one story,
Building height shall not exceed fourteen feet if a minimum
roof pitch of 3:12 is provided or ten feet if less than a 3:12 roof pitch is provided;
e. Second dwelling units constructed above detached garages,
located within a lot’s buildable area, pursuant to Section 21.10.030.E.4. of this title are not
subject to the one-story/fourteen-foot height limitation imposed on accessory structures;
Habitable detached accessory structures shall comply with all
requirements of the zone applicable to placement of a dwelling unit on a lot including setbacks;
Detached accessory structures, which are not dwelling units and
contain no habitable space, including but not limited to garages, workshops, tool sheds, decks
over thirty inches above grade, and freestanding patio covers shall comply with the following
additional development standards when located within a lot’s required setback areas:
The maximum allowable building area per structure shall
not exceed a building coverage of four hundred forty square feet,
The following setbacks shall apply: A front yard setback of
twenty feet, a rear yard setback of five feet, a side yard setback of five feet, and an alley
setback of five feet,
iii. The maximum plumbing drain size shall be one and one-
half inches in diameter so as to prohibit toilets, showers, bathtubs and other similar fixtures,
iv. The additional development standards listed above
(subsections 21.08.060A.1 .g.i through iii of this section) shall apply to the entire subject
accessory structure, not just the portion encroaching into a lot’s setback area; and
The provisions of this section are applicable notwithstanding the
permit requirements contained in Section 18.04.01 5 of this code.
iv.
V.
vi.
f.
g.
i.
ii.
h.
Corner Lots and Reversed Corner Lots:
a.
b.
2.
No building shall occupy any portion of a required yard;
The distance between buildings used for human habitation and
between buildings used for human habitation and accessory buildings shall not be less than ten
feet;
Any building, any portion of which is used for human habitation,
shall observe a distance from the rear property line the equivalent of twice the required interior
side yard on such lot;
d. All accessory structures shall comply with the following
development standards:
The lot coverage shall include accessory structures in the
lot coverage calculations for the lot,
The distance between buildings used for human habitation
and accessory buildings shall be not less than ten feet,
c.
i.
II.
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iii. When proposed on a lot adjoining native vegetation,
accessory structures within a fire suppression zone must be reviewed and approved by the fire
department,
Accessory buildings, by definition, do not share a common
wall with the main dwelling unit structure,
Buildings shall not exceed one story,
Building height shall not exceed fourteen feet if a minimum
roof pitch of 3:12 is provided or ten feet if less than a 3:12 roof pitch is provided,
e. Second dwelling units constructed above detached garages,
located within a lot’s buildable area, pursuant to Section 21.10.030.E.4. of this title are not
subject to the one-story/fourteen-foot height limitation imposed on accessory structures;
Habitable detached accessory structures shall comply with all
requirements of the zone applicable to placement of a dwelling unit on a lot including setbacks;
Detached accessory structures, which are not dwelling units and
contain no habitable space, including but not limited to garages, workshops, tool sheds, decks
over thirty inches above grade, and freestanding patio covers shall comply with the following
additional development standards when located within a lot‘s required setback areas:
The maximum allowable building area per structure shall
not exceed a building coverage of four hundred forty square feet,
The following setbacks shall apply: A front yard setback of
twenty feet, a rear yard setback of five feet, a side yard setback of five feet, and an alley
setback of five feet,
iii. The maximum plumbing drain size shall be one and one-
half inches in diameter so as to prohibit toilets, showers, bathtubs and other similar fixtures,
iv. The additional development standards listed above
(subsections 21.08.060A.2.g.i through iii of this section) shall apply to the entire subject
accessory structure, not just the portion encroaching into a lot’s setback area, and h. The provisions of this section are applicable notwithstanding the
permit requirements contained in Section 18.04.015 of this code. (Ord. NS-355 55 3, 4, 1996;
Ord. NS-243 $5 2--4,1993; Ord. 9060 5 404)
iv.
V.
vi.
f.
g.
i.
ii.
21.08.070 Minimum Lot Area.
The minimum required area of a lot in the R-A zone when the zone implements
the RL land use designation, shall be not less than one-half acre (21,780 square feet), unless a
greater minimum lot area is specified on the zoning map (ex. R-A-2.5 = two and one-half (2 %)
acre minimum lot area).
The minimum required area of a lot in the R-A zone, when the zone implements
the RLM land use designation, shall be not less than seven thousand five hundred (7,500)
square feet, unless otherwise shown on the zoning map. (Ord. 9336 5 2, 1972: Ord. 9060 5
405)
A.
B.
21.08.080 Lot Width.
A. In the R-A zone every lot shall have a minimum lot width as follows:
1. Lots required to have an area up to ten thousand square feet, sixty feet;
2. Lots required to have an area of at least ten thousand square feet and up
to twenty thousand square feet, seventy-five feet;
3. Lots required to have an area of twenty thousand square feet or more,
eighty feet.
The official or decision-making body with the authority to otherwise approve the
subdivision may approve panhandle or flag-shaped lots where the lot width and yards shall be
measured in accord with this section if the following circumstances are found to exist. For a
minor subdivision application with two or more panhandle lots, the authority for approval shall be
with the planning commission.
B.
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1. The property cannot be served adequately with a public street without
panhandle lots due to unfavorable conditions resulting from unusual topography, surrounding
land development, or lot configuration; and
Subdivision with panhandle lots will not preclude or adversely affect the
ability to provide full public street access to other properties within the same block of the subject
property.
C. In approving a panhandle lot a determination shall be made as to what portion of
such lot shall be the buildable lot; for purposes of this chapter, the buildable portion shall be the
entire lot exclusive of any portion of the lot less than thirty-five feet in width that is used for
access to the lot. Also, a determination shall be made on which property lines of the buildable
lots are the front, sides and rear for purposes of providing required yards.
Any panhandle lot approved pursuant to this section shall meet the following
requirements:
1. The area of the buildable portion of the lot shall be a minimum ten
thousand square feet or the minimum required by the zone whichever is greater. In zone
districts permitting less than ten thousand square-foot lots, the buildable portion of the lot may
be less than ten thousand square feet provided the official or decision-making body with the
authority to otherwise approve the subdivision finds from evidence submitted on a site plan that
all requirements of this section will be met; however, in no case shall the buildable portion of the
lot be less than eight thousand square feet in area. If a site plan for a subdivision with
panhandle lots, with a buildable portion of less than ten thousand square feet, is approved,
development within such subdivision shall conform to the plan as approved. The width requirements for the buildable portion of the lot shall be met as
required for lots in the zone district.
The yard requirements of the zone district shall be met as required for
interior lots.
The length of the portion of the lot fronting on a public street or publicly
dedicated easement afforded access to the buildable lot shall not be greater than one hundred
fifty feet for a single lot or two hundred feet when two such lots are adjoining. The minimum
width for such access portion shall be twenty feet except where the access portion is adjacent to
the same portion of another such lot, in which case the required minimum frontage shall be
fifteen feet, provided a joint easement, ensuring common access to both such portions, is
recorded. An improved driveway shall be provided within the access portion of the
lot from the public street or public easement to the parking area on the buildable lot at least
fourteen feet wide for single lots and twenty feet wide when serving more than one lot. The
minimum overhead clearance shall be ten feet. The driveway shall be constructed to
accommodate public service vehicles with a minimum of two-inch thick asphalt concrete paving
on proper base with rolled edges. Drainage from the lot shall be channeled down the private access to a
public street or special drainage means must be provided to the satisfaction of the city engineer.
Each lot shall have three nontandem parking spaces with an approach
not less than twenty-four feet in length with proper turnaround space to permit complete
turnaround for forward access to the street. This parking and access arrangement shall be
designed to the satisfaction of the city engineer.
Structures permitted in the access portion of the lot shall be limited to
mailboxes, fences, trash enclosures, landscape containers and nameplates. Except for
mailboxes, these structures shall not be greater than forty-two inches in height if located within
twenty feet of the street property line or greater than six feet in height beyond this point.
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.
2.
D.
2.
3.
4.
5.
6.
7.
8.
9.
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IO. Any other condition the official or decision-making body with the authority
to otherwise approve the subdivision may determine to be necessary to properly develop such
property. (Ord. 9467 Q 2, 1976: Ord. 9060 Q 407)
21.08.090 Lot Coveraqe.
Lot coverage with buildings and structures shall not exceed forty percent of the
lot. Buildings and structures used for growing or raising plants are not counted as coverage.
(Ord. 9427 Q 5,1975: Ord. 9060 Q 408)
A.
21.08.100 Development Standards.
No one-family dwelling unit, whether it be conventionally built, modular or a
mobile home, shall be located on a lot in this zone unless such dwelling unit complies with the
following development standards:
1. Each dwelling unit shall have a two-car garage, with a minimum
dimension of twenty square feet which is architecturally integrated with and has an exterior
similar to the dwelling unit, with the following exceptions:
One additional paved off-street (covered or uncovered) parking
space shall be provided for a second dwelling unit and shall comply with the requirements of
Chapter 21.44 of this title. The additional parking space may be provided through tandem
parking (provided that the garage is set back a minimum of twenty feet from the property line) or
in the front yard setback.
All dwelling units shall have a permanent foundation. For mobile homes a
foundation system installed pursuant to Section 18551 of the State Health and Safety Code
shall satisfy the requirements of this section.
Exterior siding material shall be stucco, masonry, wood or brick unless an
alternative exterior material is approved by the planning director. The planning director may
approve a siding material other than those listed in this section only if he finds that use of such
material is in harmony with other dwelling units in the neighborhood.
All roofs shall have a pitch of at least three inches in twenty inches unless
another pitch is approved by the planning director. No roof shall be made of corrugated,
extruded or stamped metal.
All dwelling units shall have a minimum width of twenty feet. (Ord. NS-283 Q 12, 1994; Ord. 1261 Q 38, 1983; Ord. 9599 Q 2 (part), 1981)
A.
a.
2.
3.
4.
5.
SECTION 6: That Section 21.09.025 of the Carlsbad Municipal Code is amended
to read as follows:
21.09.025 Second dwelling units.
Second dwelling units are permitted according to the provisions of Section 21.10.030 of
this title. The development standards of this zone shall apply. (Ord. NS-663 Q 2, 2003: Ord. NS-
283 Q 5,1994)
SECTION 7: That Chapter 21 .IO of the Carlsbad Municipal Code is amended to
read as follows:
Chapter 21 .I 0
R-I ONE-FAMILY RESIDENTIAL ZONE
21.10.010 . Intent and Purpose.
21.10.020 Permitted Uses.
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I In the table, below, subject to all applicable permitting and development requirements of the I
Municipal Code:
0 “P” indicates use is permitted
onditional use permit.
Campsites (overnight), subject to Sec. 21.42.01 0(2)(H). X
Cemeteries X
Churches X
Dwelling, one-family (defined: Sec. 21.04.1 25)
Family day care home (large), subject to Chap. 21.83 (defined: Sec. X
X
21 -04.147)
21.10.030
21.10.040
21.10.050
21.10.060
21.10.070
21.10.080
21.10.090
21 .I 0.100
21.10.1 10
21 .I 0.1 20
21 .I 0.1 30
Second Dwelling Units.
Home Occupations.
Building Height.
Front Yards.
Side Yards.
Placement of Buildings.
Minimum Lot Area.
Lot Width.
Lot Coverage.
Development Standards.
Servability.
21.10.010 Intent and Purpose.
A. The intent and purpose of the R-I One-Family Residential zone is to:
1. Implement the Residential Low Density (RL), Residential Low-Medium
Density (RLM), and Residential’ Medium Density (RM) land use designations of the Carlsbad
General Plan; and
Provide regulations and standards for the development of one-family
dwellings, and other permitted or conditionally permitted uses, as specified in this chapter.
2.
21.10.020 Permitted Uses.
In an R-1 zone, notwithstanding any other provision of this title, only the uses
listed in Table A, below, shall be permitted, subject to the requirements and development
standards specified by this chapter, and subject to the provisions of Chapter 21.44 governing
off-street parking requirements.
The uses permitted by conditional use permit, as indicated in Table A, shall be
subject to the provisions of Chapters 21.42 and 21 50.
A.
B.
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Family day care home (small), subject to Chap. 21.83 (defined:
Golf courses (see note 2, below)
Greenhouses (2,000 square feet maximum)
Greenhouses > 2,000 square feet, subject to Sec. 21.42.010(2)(F)
Home occuDation. subiect to Sec. 21 .I 0.040
Sec.
21.04.148)
TABLE A, continued
X
X
X
X
X
PERMllTED USES
USE I P I CUP I Acc I
Mobile home (see note 3, below) (defined: Sec. 21.04.266)
Packingkorting sheds (600 square feet maximum)
Packingkorting sheds > 600 square feet, subject to Sec. 21.42.010(2)(F)
Public buildings
Publiciquasi-public accessory utility buildings/facilities (see note 4, below)
Satellite TV antennae, subject to Sec. 21.53.130 - 21.53.150 (defined:
X
X
X
X
X
X
Sec. 21.04.302)
Schools, publiciprivate (defined: Sec 21.04.140)
Second dwelling unit, subject to Sec. 21.10.030 (defined: Sec. 21.04.303)
Signs, subject to Chap. 21.41 (defined: Sec. 21.04.305)
Temporary bldghrailer (real estate or construction), subject to Sec.
21 53.090 and 21 S3.110
Wireless Telecommunication Facilities
Zoos (private), subject to Sec. 21.42.01 0(2)(K) (defined: Sec. 21.04.400)
X
X
X
X
X
X
Note:
On each lot or combination of adjacent lots under one ownership, there may be
kept one (1) horse for each ten thousand (10,000) square feet in the lot or lots; provided,
however, that any such horse may be kept only if it is fenced and stabled so that at no time is it
able to graze, stray or roam closer than fifty (50) feet to any building used for human habitation,
other than buildings on the lot or lots, and as to those buildings, no closer than forty (40) feet.
A conditional use permit is not required for a golf course if it is approved as part
of a master plan for a planned community development.
Mobile homes must be certified under the National Mobilehome Construction and
Safety Standards Act of 1974 (42 U.S.C. Section 5401 et seq.) on a foundation system pursuant
to Section 18551 of the State Health and Safety Code.
Publiciquasi-public accessory utility buildings/facilities include, but are not limited
to, water wells, water storage, pump stations, booster stations, transmission/distribution
electrical substations, operating centers, gas meteringhegulating stations, or telephone
exchanges, with the necessary accessory equipment incidental thereto.
1)
2)
3)
4)
21.10.030 Second Dwelling Units.
The public good is served when there exists in a city, housing which is
appropriate for the needs of and affordable to all members of the public who reside within that
city. Among other needs, there is in Carlsbad a need for affordable rental housing. Therefore, it
is in the public interest for the city to promote a range of housing alternatives in order to meet
the affordable rental housing needs of its citizens. This section is intended to provide a rental
housing alternative by establishing a procedure to create new second dwelling units.
The provisions of this section shall apply to single-family zones R-A, R-E and R-
1, areas designated by a master plan for single-family detached dwellings in P-C zones and lots
within multifamily zones R-2, R-3, R-P, R-T, R-W and RD-M, which are developed with single-
family residences.
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C. Second dwelling units developed within the coastal zone require a minor coastal
development permit issued according to the provisions of Section 21.201.085 of this title and a
building permit. Second dwelling units outside of the coastal zone require a building permit.
D. The completed minor coastal development permit and/or building permit
application for a second dwelling unit shall include the following information:
1.
2.
3. The assessor's parcel number;
4.
5.
The name(s) of the owner(s);
The address of the dwelling units;
Building elevations and a general floor plan of the second dwelling unit;
A scaled drawing showing the lot dimensions, the location of the primary
and second dwelling unit, location of all vehicular parking and the total square footage of both
units;
6.
7.
Description and location of water and sanitary (sewer) services; and
An applicant-signed Affidavit of Compliance declaring that: (a) the second
dwelling unit is not in conflict with existing conditions, covenants and restrictions (CC&Rs)
applicable to the title of the subject property; (b) the property owner(s) shall reside in either the
main dwelling unit or the second dwelling unit unless a lessee leases both the main dwelling
and the second dwelling unit; (c) the property owners agree to rent the second dwelling unit at a
monthly rental rate which shall not exceed an income of a low-income household, adjusted for
household size, at eighty percent of the San Diego County median income.
The second dwelling unit shall either be attached to the main dwelling unit
and located within the habitable area of the main dwelling unit or detached from the main
dwelling unit and located on the same lot as the main dwelling unit.
The second dwelling unit shall have a separate entrance.
The second dwelling unit must meet the setback, lot coverage, and other
development standards applicable to the zone, which are not addressed within this subsection.
In the coastal zone, any housing development processed pursuant to this chapter shall be
consistent with all certified local coastal program provisions, with the exception of density, or as
otherwise specified within this subsection.
4. Attached second dwelling units shall conform to the height limits
applicable to the zone and detached second dwelling units shall be limited to one story, except
that second dwelling units constructed above detached garages shall be permitted, and shall
conform to the height limits applicable to the zone.
Garage conversions are prohibited unless replacement off-street garage
parking is provided concurrently and in compliance with the requirements of Chapter 21.44 of
this title. Second dwelling units shall not be permitted on a lot or parcel having
guest or accessory living quarters, or a residential care facility. Existing guest or accessory
living quarters may be converted into a second dwelling'unit provided that all zoning and
structural requirements are met.
7. One additional paved off-street (covered or uncovered) parking space
shall be provided for the second dwelling unit and shall comply with the requirements of Chapter
21.44 of this title. The additional parking space may be provided through tandem parking
(provided that the garage is set back a minimum of twenty feet from the property line) or in the
front yard setback.
Adequate water and sewer capacity and facilities for the second dwelling
unit must be available or made available.
All necessary public facilities and services must be available or made
avai la ble .
The second unit may be rented and shall not be sold separately from the
main dwelling unit unless the lot on which such units are located is subdivided. The lot upon
which the second unit is located shall not be subdivided unless each lot which would be created
E. Second dwelling units shall comply with the following:
1.
2.
3.
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6.
8.
9.
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by the subdivision will comply with the requirements of this title and Title 20; and further
provided, that all structures existing on each proposed lot will comply with the development
standards applicable to each lot.
11. The total area of floor space for an attached or detached second unit shall
not exceed six hundred forty square feet.
12. The second dwelling unit shall be architecturally compatible with the main
dwelling unit, in terms of appearance, materials and finished quality.
13. A second dwelling unit which conforms to the requirements of this section
shall be allowed to exceed the permitted density for the lot upon which it is located and shall be
deemed to be a residential use consistent with the density requirements of the general plan and
the zoning designation for the lot.
14. The size of the lot upon which a second dwelling unit is proposed shall
not be less than the minimum lot size required of the zone. (Ord. NS-663 5 3,2003; NS-402 5 8,
1997; Ord. NS-283 § 3, 1994)
21.10.040 Home OccuDations.
Home occupations which are not disruptive to the residential character of the
neighborhood shall be permitted as an accessory use, subject to the following conditions:
1. Home occupations shall be conducted as a secondary use by a resident
or residents of the premises;
2. No employees shall be employed on the premises;
3. All home occupation activities shall be conducted entirely within the
residential structure, except for permitted agricultural or horticultural uses;
4. There shall be no external alteration to the appearance of the residential
structure that would reflect the existence of the home occupation;
5. No storage of materials, goods, equipment, or stock in trade shall be
permitted where visible from the exterior of the property;
6. No deliveries or pickups by heavy duty commercial vehicles shall be
permitted;
7. Sale of goods or services shall not be conducted on the property, except for agricultural goods grown on the premises. This provision shall not be construed to prohibit
taking orders for sale where delivery of goods or performance of services does not occur on the
property; 8. The home occupation shall not cause any external effect that is
inconsistent with the residential zone or disrupts the neighborhood, including but not limited to,
noise from equipment, traffic, lighting, offensive odor, or electrical interference;
No advertising, signs, or displays of any kind indicating the existence of
the home occupation shall be permitted on the premises;
The home occupation shall not cause the elimination of required off-street
parking;
' The home occupation may not utilize an area greater than twenty (20) percent of the combined total floor area of all on-site structures; and
A.
9.
IO.
11.
12. A city business license is required for the conduct of a home occupation.
21.10.050 Buildinq Heiqht.
In the R-I zone no building shall exceed a height of thirty feet and two stories if a
minimum roof pitch of 3:12 is provided or twenty-four feet and two stories if less than a 3:12 roof
pitch is provided for lots under twenty thousand square feet. Single-family residences on lots
with a lot area of twenty thousand square feet or greater and within a R-I zone and specifying a
-20 or greater area zoning symbol shall not exceed thirty-five feet and three stories with a
minimum roof pitch of 3:12 provided. (Ord. NS-204 5 7, 1992: Ord. NS-180 § 12, 1991: Ord.
9060 § 501)
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21.10.060 Front Yard.
Every lot in the R-1 zone shall have a front yard which has a depth not less than
twenty feet, except that on key lots and lots which side upon commercially or industrially zoned
property, the required front yard need not exceed fifteen feet. (Ord. 9060 3 502)
A.
21.10.070 Side Yards.
A. In the R-I zone every lot shall have side yards as follows:
1. Interior lots shall have the following side yards:
a. A side yard shall be provided on each side of the lot, which side
yard has a width equal to ten percent of the lot width; provided, that such side yard shall not be
less than five feet in width and need not exceed ten feet;
The planning director may approve a reduction in width of one
side yard provided that the opposite side yard is increased in width by an amount equal to the
reduction. The reduced side yard shall not be less than five feet in width nor shall it abut a lot or
parcel of land with an adjacent reduced side yard, nor shall the increased side yard have a
width of less than ten feet; and
C. In the event special circumstances exist, such as extreme
topographical features and/or irregularly shaped lots (such as those which front on cul-de-sacs),
the planning director may approve the application of a reduced side yard adjacent to a reduced
side yard, subject to the following condition: A minimum of ten feet between buildings shall be
maintained.
Corner lots and reversed corner lots shall have the following side yards:
a. On the side lot line which adjoins another lot, the side yard shall
be equal to ten percent of the lot width; provided that such side yard shall not be less than five
feet in width and need not exceed ten feet; and b. On the side street, the width of the required side yard shall be ten
feet and such side yard shall extend the full length of the lot. (Ord. 1256 3 7 (part), 1982; Ord.
9343 § 2,1973: Ord. 9060 3 503)
b.
2.
21.10.080 Placement of Buildinqs.
A. Placement of buildings on any lot shall conform to the following:
1. Interior Lots:
a.
b.
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 side lot line the equivalent of the required side yard and from
the rear property line the equivalent of twice the required side yard on such lot;
The distance between buildings used for human habitation and
between buildings used for human habitation and accessory buildings shall be not less than ten
feet;
d. All accessory structures shall comply with the following
development standards:
1. The lot coverage shall include accessory structures in the
lot coverage calculations for the lot,
ii. The distance between buildings used for human habitation
and accessory buildings shall be not less than ten feet,
iii. When proposed on a lot adjoining native vegetation,
accessory structures within a fire suppression zone must be reviewed and approved by the fire
department,
Accessory buildings, by definition, do not share a common
wall with the main dwelling unit structure,
Buildings shall not exceed one story,
Building height shall not exceed fourteen feet if a minimum
roof pitch of 3: 12 is provided or ten feet if less than a 3: 12 roof pitch is provided;
c.
iv.
v.
vi.
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e. Second dwelling units constructed above detached garages,
located within a lot’s buildable area, pursuant to Section 21.10.030.E.4. of this title are not
subject to the one-storylfourteen-foot height limitation imposed on accessory structures;
f. Habitable detached accessory structures shall comply with all
requirements of the zone applicable to placement of a dwelling unit on a lot including setbacks;
g. Detached accessory structures, which are not dwelling units and
contain no habitable space, including but not limited to garages, workshops, tool sheds, decks
over 30 inches above grade, and freestanding patio covers shall comply with the following
additional development standards when located within a lot’s required setback areas:
The maximum allowable building area per structure shall
not exceed a building coverage of four hundred forty square feet,
The following setbacks shall apply: A front yard setback of
twenty feet, a rear yard setback of five feet, a side yard setback of five feet, and an alley
setback of five feet,
iii. The maximum plumbing drain size shall be one and one-
half inches in diameter so as to prohibit toilets, showers, bathtubs and other similar fixtures,
iv. The additional development standards listed above
(subsections 21.10.080A.1 .g.i through iii of this section) shall apply to the entire subject
accessory structure, not just the portion encroaching into a lot’s setback area; and
The provisions of this section are applicable notwithstanding the
permit requirements contained in Section 18.04.01 5 of this code.
I.
ii.
h.
Corner Lot and Reversed Corner Lots:
a.
b.
2.
No building shall occupy any portion of a required yard;
The distance between buildings used for human habitation and
between buildings used for human habitation and accessory buildings shall be not less than ten
feet;
Any building, any portion of which is used for human habitation
shall observe a distance from the rear property line to the equivalent of twice the required
interior side yard on such lot;
d. All accessory structures shall comply with the following
development standards:
i. The lot coverage shall include accessory structures in the
lot coverage calculations for the lot,
ii. The distance between buildings used for human habitation
and accessory buildings shall be not less than ten feet,
iii. When proposed on a lot adjoining native vegetation,
accessory structures within a fire suppression zone must be reviewed and approved by the fire
department, Accessory buildings, by definition, do not share a common
wall with the main dwelling unit structure,
Buildings shall not exceed one story,
Building height shall not exceed fourteen feet if a minimum
roof pitch of 3:12 is provided or ten feet if less than a 3:12 roof pitch is provided;
e. Second dwelling units constructed above detached garages,
located within a lot‘s buildable area, pursuant to Section 21.10.030.E.4. of this title are not
subject to the one-story/fourteen-foot height limitation imposed on accessory structures;
Habitable detached accessory structures shall comply with all
requirements of the zone applicable to placement of a dwelling unit on a lot including setbacks;
Detached accessory structures, which are not dwelling units and
contain no habitable space, including but not limited to garages, workshops, tool sheds, decks
over thirty inches above grade, and freestanding patio covers shall comply with the following
additional development standards when located within a lot’s required setback areas:
c.
iv.
V.
vi.
f.
g.
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i.
II.
The maximum allowable building area per structure shall
not exceed a building coverage of four hundred forty square feet,
The following setbacks shall apply: A front yard setback of
twenty feet, a rear yard setback of five feet, a side yard setback of five feet, and an alley
setback of five feet,
iii. The maximum plumbing drain size shall be one and one- half inches in diameter so as to prohibit toilets, showers, bathtubs and other similar fixtures,
iv. The additional development standards listed above (subsections 21.10.080A.2.g.i through iii of this section) shall apply to the entire subject
accessory structure, not just the portion encroaching into a lot's setback area; and
h. The provisions of this section are applicable notwithstanding the
permit requirements contained in Section 18.04.015 of this code. (Ord. NS-355 §§ 5, 6, 1996;
Ord. NS-243 5s 5-7, 1993; Ord. 9060 Q 504)
21.10.090 Minimum lot area.
The minimum required area of a lot in the R-I zone, when the zone implements
the RL land use designation, shall be not less than one-half acre (21,780 square feet), unless a
greater minimum lot area is specified on the zoning map (Le., R-140,000 = 40,000 square foot
.minimum lot area).
B. The minimum required area of a lot in the R-I zone, when the zone implements
the RLM land use designation, shall be not less than seven thousand five hundred (7,500)
square feet, unless otherwise shown on the zoning map.
The minimum required area of a lot in the R-1 zone, when the zone implements
the RM land use designation, shall be not less than six thousand (6,000) square feet, unless
otherwise shown on the zoning map.
A.
C.
21.10.100 Lot Width.
A. In the R-I zone every lot shall have a minimum lot width as follows:
1. Lots required-to have an area up to ten thousand square feet, sixty feet;
2. Lots required to have an area of at least ten thousand square feet and up
to twenty thousand square feet, seventy-five feet; and
3. Lots required to have an area of twenty thousand square feet or more,
eighty feet.
The official or decision-making body with the authority to otherwise approve the
subdivision may approve panhandle or flag-shaped lots where the lot width and yards shall be
measured in accord with this section if the following circumstances are found to exist. For a
minor subdivision application with two or more panhandle lots, the authority for approval shall be
with the planning commission.
1. The property cannot be served adequately with a public street without
panhandle lots due to unfavorable conditions resulting from unusual topography, surrounding
land development, or lot configuration; and
Subdivision with panhandle lots will not preclude or adversely affect the
ability to provide full public street access to other properties within the same block of the subject
property.
C. In approving a panhandle lot, a determination shall be made as to what portion of
such lot shall be the buildable lot; for purposes of this chapter, the buildable portion shall be the
entire lot exclusive of any portion of the lot less than thirty-five feet in width that is used for
access to the lot. Also, a determination shall be made on which property lines of the buildable
lots are the front, sides and rear for purposes of providing required yards.
Any panhandle lot approved pursuant to this section shall meet the following
requirements:
1. The area of the buildable portion of the lot shall be a minimum ten
thousand square feet or the minimum required by the zone whichever is greater. In zone
B.
2.
D.
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districts permitting less than ten thousand square-foot lots, the buildable portion of the lot may
be less than ten thousand square feet provided the official or decision-making body with
authority to otherwise approve the subdivision finds from evidence submitted on a site plan that
all requirements of this section will be met; however, in no case shall the buildable portion of the
lot be less than eight thousand square feet in area. If a site plan for a subdivision with
panhandle lots with a buildable portion of less than ten thousand square feet is approved,
development within such subdivision shall conform to the plan as approved.
The width requirements for the buildable portion of the lot shall be met as
required for lots in the zone district.
The yard requirements of the zone district shall be met as required for
interior lots.
The length of the portion of the lot fronting on a public street or publicly
dedicated easement afforded access to the buildable lot shall not be greater than one hundred
fifty feet for a single lot or two hundred feet when two such lots are adjoining. The minimum
width for such access portion shall be twenty feet except where the access portion is adjacent to
the same portion of another such lot, in which case the required minimum frontage shall be
fifteen feet, provided a joint easement ensuring common access to both such portions is
recorded.
An improved driveway shall be provided within the access portion of the
lot from the street or public easement to the parking area on the buildable lot at least fourteen
feet wide for single lots and twenty feet wide when serving more than one lot. The minimum
overhead clearance shall be ten feet. The driveway shall be constructed to accommodate public
service vehicles with a minimum of two-inch thick asphalt concrete paving on proper base with
rolled edges.
Drainage from the lot shall be channeled down the private access to a
public street or special drainage means must be provided to the satisfaction of the city engineer.
Each lot shall have three nontandem parking spaces with an approach
not less than twenty-four feet in length with proper turnaround space to permit complete
turnaround for forward access to the street. The parking and access arrangement shall be
designed to the satisfaction of the city engineer. Structures permitted in the access portion of the lot shall be limited to
mailboxes, fences, trash enclosures, landscape containers and nameplates. Except for
mailboxes, the structures shall not be greater than forty-two inches in height if located within
twenty feet of the street property line or greater than six feet in height beyond this point.
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.
Any other condition the official or decision-making body with the authority
to otherwise approve the subdivision may determine to be necessary to properly develop such
property. (Ord. 1261 § 40 (part), 1983; Ord. 9598 5 I, 1981: Ord. 9467 § 3, 1976: Ord. 9103 § 1,
1975: Ord. 9060 5 508)
2.
3.
4.
5.
6.
7.
8.
9.
IO.
21. IO. 1 10 Lot Coveraae.
A. Lot coverage with buildings and structures shall not exceed forty percent of the
lot. Buildings and structures used for growing or raising plants or animals are not counted as
coverage. (Ord. 9427 § 7, 1975: Ord. 9060 5 508)
21.10.120 Development Standards.
No one-family dwelling unit, whether it be conventionally built, modular or a
mobile home, shall be located on a lot in this zone unless such dwelling unit complies with the
following development standards:
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1. Each dwelling unit shall have a two-car garage, with a minimum
dimension of twenty feet square which is architecturally integrated with and has an exterior
similar to the dwelling unit with the following exception:
One additional paved off-street (covered or uncovered) parking
space shall be provided for a second dwelling unit and shall comply with the requirements of
Chapter 21.44 of this title. The additional parking space may be provided through tandem
parking (provided that the garage is set back a minimum of twenty feet from the property line) or
in the front yard setback.
All dwelling units shall have a permanent foundation. For mobile homes a
foundation system installed pursuant to Section 18551 of the State Health and Safety Code
shall satisfy the requirements of this section.
Exterior siding materials shall be stucco, masonry, wood or brick unless
an alternative exterior material is approved by the planning director. The planning director may
approve a siding material other than those listed in this section only if he finds that use of such
material is in harmony with other dwelling units in the neighborhood. All roofs shall have a pitch of at least three inches in twenty inches unless
another pitch is approved by the planning director. No roof shall be made of corrugated,
extruded or stamped metal. All dwelling units shall have a minimum width of twenty feet. (Ord. NS-283
§15, 1994; Ord. 1261 § 40 (part), 1983; Ord. 9599 § 2 (part), 1981)
a.
2.
3.
4.
5.
21.1 0.130 Severability.
If any section, subsection, sentence, clause, phrase or part of this chapter is for
any reason found by a court of competent jurisdiction to be invalid or unconstitutional, such
decision shall not affect the validity of the remaining portions of this chapter, which shall be in
full force and effect. The city council hereby declares that it would have adopted this chapter
with each section, subsection, sentence, clause, phrase or part thereof regardless of the fact
that any one or more sections, subsections, sentences, clauses, phrases, or parts be declared
invalid or unconstitutional. (Ord. NS-663 § 4, 2003)
A.
SECTION 8: That Chapter 21.12 of the Carlsbad Municipal Code is amended to
read as follows:
Chapter 21.12
R-2 TWO-FAMILY RESIDENTIAL ZONE
21.12.010
21.12.020
21.12.030
21.12.040
21.12.050
21.12.060
21.12.070
21.12.090
21.12.100
Intent and Purpose.
Permitted Uses.
Building Height.
Front Yard.
Side Yards.
Placement of Buildings. Minimum Lot Area.
Lot Width.
Lot Coverage.
21.12.010 Intent and Purpose.
A. The intent and purpose of the R-2 Two-Family Residential zone is to:
1.
the Carlsbad General Plan; and
Implement ‘the Residential Medium Density (RM) land use designation of
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USE P
Accessory buildings/structures (ex. garages, workshops, tool sheds, patio
covers, decks, etc.) (see notes 1 & 2, below) (defined: Sec. 21.04.020)
2. Provide regulations and standards for the development of residentia
dwellings, and other permitted or conditionally permitted uses, as specified in this chapter.
CUP Acc
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21.12.020 Permitted Uses.
In the R-2 zone, notwithstanding any other provision of this title, only the uses
listed in Table A, below, shall be permitted, subject to the requirements and developmen,
standards specified by this chapter, and subject to the provisions of Chapter 21.44 governins
off-street parking requirements.
The uses permitted by conditional use permit, as indicated in Table A, shall be
subject to the provisions of Chapters 21.42 and 21 50.
A.
B.
21.04.048)
Cemeteries
Churches
Campsites (overnight), subject to Sec. 21.42.01 0(2)(H)
Dwelling, one-family (defined: Sec. 21.04.1 25)
Dwelling, two-family (see note 3, below) (defined: Sec. 21.04.1 30)
Dwelling, multiple-family (see note 4, below) (defined: Sec. 21.04.1 35)
Family day care home (large), subject to Chap. 21.83 (defined: Sec.
TABLE A
PERMllTED USES
X
X
X
X
X
X
X . -. 21.04.147)
Family day care home (small), subject to Chap. 21.83 (defined: Sec.
Aaricultural cram
X
Animal keecina (household Dets). subiect to Sec.
Sec. 21.04.302)
Schools, public/private (defined: Sec 21.04.140)
Second dwelling unit (accessory to a one-family dwelling only), subject to
Animal keeping (wild animals), subject to Sec. 21
Aquaculture (defined: Sec. 21.04.036)
Biological habitat preserve, subject to Sec. 21.42.01 0(15)(A) (defined:
X
X
21 53.084
S3.085
Sec.
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Sec. 21.1 0.030 (defined: Sec. 21.04.303)
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USE
Temporary bldgltrailer (real estate or construction), subject to Sec. 21 53.090 and 21.53.1 10
Wireless Telecommunication Facilities
Zoos (private), subject to Sec. 21.42.010(2)(K) (defined: Sec. 21.04.400)
Signs, subject to Chap. 21.41 (defined: Sec. 21.04.305)
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21.12.030 Building Heiqht.
No building in the R-2 zone shall exceed a height of thirty feet and two stories if a
minimum roof pitch of 3:12 is provided or twenty-four feet and two stories if less than a 3:12 roof
pitch is provided for lots under twenty thousand square feet. Buildings on lots with a lot area of
twenty thousand square feet or greater shall not exceed thirty-five feet and three stories with a
minimum roof pitch of 3:12 provided. (Ord. NS-204 § 8, 1992: Ord. NS-I80 § 13, 1991: Ord.
9060 Q 601)
A.
21.12.040 Front Yard.
Every lot in the R-2 zone shall have a front yard which has a depth not less than
twenty feet, except that on key lots and on lots which side upon commercially or industrially
zoned property, the depth of the required front yard need not exceed fifteen feet. (Ord. 9060 §
602)
A.
21 .I 2.050 Side Yards.
A. In the R-2 zone every lot shall have side yards as follows:
1. Interior lots shall have the following side yards:
a. A side yard shall be provided on each side of the lot which side
yard has a width equal to ten percent of the lot width; provided that such side yard shall not be
less than five feet in width and need not exceed ten feet;
The planning director may approve a reduction in width of one
side yard provided that the opposite side yard is increased in width by an amount equal to the
reduction. The reduced side yard shall not be less than five feet in width nor shall it abut a lot or
b.
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parcel of land with an.adjacent reduced side yard, nor shall the increased side yard have a
width of less than ten feet; and
C. In the event special circumstances exist, such as extreme
topographical features and/or irregular shaped lots (such as those which front on cul-de-sacs),
the planning director may approve the application of a reduced side yard adjacent to a reduced
side yard, subject to the following condition:
1. A minimum of ten feet between buildings shall be
maintained.
2. Corner lots and reversed corner lots shall have the following side yards:
a. On the side lot line which adjoins another lot, the side yard shall
be equal to ten percent of the lot width; provided that such side yard shall not be less than five
feet in width and need not exceed ten feet; and
b. On the side street, the width of the required side yard shall be ten
feet and such side yard shall extend the full length of the lot. (Ord. 1256 5 7 (part), 1982; Ord.
9343 5 3,1973: Ord. 9060 5 603)
21.12.060 Placement of Buildinqs.
A. Placement of buildings on any lot shall conform to the following:
1. Interior Lots:
a.
b.
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 side lot line the equivalent of the required side yard on such
lot and from the rear property line the equivalent of twice the required side yard on the same lot;
The distance between buildings used for human habitation and
between buildings used for human habitation and accessory buildings shall be not less than ten
feet;
d. All accessory structures shall comply with the following
development standards:
i. The lot coverage shall include accessory structures in the
lot coverage calculations for the lot,
ii. The distance between buildings used for human habitation
and accessory buildings shall be not less than ten feet,
iii. When proposed on a lot adjoining native vegetation,
accessory structures within a fire suppression zone must be reviewed and approved by the fire
department, Accessory buildings, by definition, do not share a common
wall with the main dwelling unit structure,
Buildings shall not exceed one story,
Building height shall not exceed fourteen feet if a minimum
roof pitch of 3:12 is provided or ten feet if less than a 3:12 roof pitch is provided;
e. Second dwelling units constructed above detached garages,
located within a lot's buildable area, pursuant to Section 21.10.030.E.4. of this title are not
subject to the one-story/fourteen-foot height limitation imposed on accessory structures;
Habitable detached accessory structures shall comply with all
requirements of the zone applicable to placement of a dwelling unit on a lot including setbacks;
Detached accessory structures, which are not dwelling units and
contain no habitable space, including but not limited to garages, workshops, tool sheds, decks
over thirty inches above grade, and freestanding patio covers shall comply with the following
additional development standards when located within a lot's required setback areas:
The maximum allowable building area per structure shall
not exceed a building coverage of four hundred forty square feet,
c.
iv.
V.
vi.
f.
g.
i.
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ii. The following setbacks shall apply: A front yard setback of
twenty feet, a rear yard setback of five feet, a side yard setback of five feet, and an alley
setback of five feet,
iii. The maximum plumbing drain size shall be one and one-
half inches in diameter so as to prohibit toilets, showers, bathtubs an other similar fixtures; and
iv. The additional development standards listed above
(subsections 21.12.060A.1 .g.i through iii of this section) shall apply to the entire subject
accessory structure, not just the portion encroaching into a lot’s setback area; and
The provisions of this section are applicable notwithstanding the
permit requirements contained in Section 18.04.01 5 of this code;
h.
Corner Lots and Reversed Corner Lots:
a.
b.
2.
No building shall occupy any portion of a required yard;
The distance between buildings used for human habitation and
between buildings used for human habitation and accessory buildings shall be not less than ten
feet;
Any building, any portion of which is used for human habitation
shall observe a distance from the rear property line the equivalent of twice the required interior
side yard on such lot;
d. All accessory structures shall comply with the following
development standards:
i. The lot coverage shall include accessory structures in the
lot coverage calculations for the lot,
ii. The distance between buildings used for human habitation
and accessory buildings shall be not less than ten feet,
iii. When proposed on a lot adjoining native vegetation,
accessory structures within a fire suppression zone must be reviewed and approved by the fire
department, Accessory buildings, by definition, do not share a common
wall with the main dwelling unit structure,
Buildings shall not exceed one story,
Building height shall not exceed fourteen feet if a minimum
roof pitch of 3:12 is provided or ten feet if less than a 3:12 roof pitch is provided;
e. Second dwelling units constructed above detached garages,
located within a lot’s buildable area, pursuant to Section 21.10.030.E.4. of this title are not
subject to the one-storylfourteen-foot height limitation imposed on accessory structures;
Habitable detached accessory structures shall comply with all
requirements of the zone applicable to placement of a dwelling unit on a lot including setbacks;
Detached accessory structures, which are not dwelling units and
contain no habitable space, including but not limited to garages, workshops, tool sheds, decks
over thirty inches above grade, and freestanding patio covers shall comply with the following
additional development standards when located within a lot’s required setback areas:
The maximum allowable building area per structure shall
not exceed a building coverage of four hundred forty square feet,
The following setbacks shall apply: A front yard setback of
twenty feet, a rear yard setback of five feet, a side yard setback of five feet, and an alley
setback of five feet,
iii. The maximum plumbing drain size shall be one and one-
half inches in diameter so as to prohibit toilets, showers, bathtubs and other similar fixtures, and
iv. The additional development standards listed above
(subsections 21.12.060A.2.g.i through iii of this section) shall apply to the entire subject
accessory structure, not just the portion encroaching into a lot’s setback area; and
c.
iv.
V.
vi.
f.
g.
i.
ii.
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h. The provisions of this section are applicable notwithstanding the
permit requirements contained in Section 18.04.015 of this code. (Ord. NS-355 55 7, 8, 1996;
Ord. NS-243 55 8--10, 1993; Ord. 9060 § 604)
21.1 2.070 Minimum Lot Area.
The minimum required area of a lot in the R-2 zone shall be not less than seven
thousand five hundred (7,500) square feet; except that when a lot is developed with a one-
family dwelling, the minimum required lot area shall be not less than six thousand (6,000)
A.
square feet, unless otherwise shown on the zoning map. (Ord. 9336 5 4, 1972: Ord. 9060 5
605)
B. All legally existing R-2 zoned lots, as of December 1 , 1986, may be developed
with a two-family dwelling regardless of the density allowed by the underlying general plan
designation if they can comply with all applicable development standards in effect at the time of
their development, and if the findings to exceed the growth management control point density,
as specified in Section 21.90.045 of this title, can be made.
21.12.080 Lot Width.
A. In the R-2 zone, every lot created after the effective date of the ordinance
codified in this title shall maintain a width at the rear line of the required front yard of not less
than the following:
Lots required to have a minimum lot area of less than ten thousand
square feet, sixty feet;
Lots required to have a minimum lot area between ten thousand square
feet to, but not including twenty thousand square feet, seventy-five feet;
Lots required to have an area of twenty thousand square feet or more,
eighty feet. (Ord. 9060 5 607)
1.
2.
3.
21.12.090 Lot Coveraqe.
than fifty percent of the area of a lot. (Ord. 9060 5 608)
A. All buildings, including accessory buildings and structures, shall not cover more
SECTION 9: That Chapter 21.16 of the Carlsbad Municipal Code is amended to
read as follows:
Chapter 21.16
R-3 MU LTI PLE-FAM I LY RES I DENTIAL ZONE
21.16.010
21.16.020
21.16.030
21.16.040
21.16.050
21.16.060
21.16.070
21.16.080
21.16.090
Intent and Purpose.
Permitted Uses.
Building Height.
Front Yards.
Side Yards.
Placement of Buildings.
Minimum Lot Area.
Lot Width.
Lot Coverage.
21.10.01 0 Intent and PurDose.
A. The intent and purpose of the R-3 Multiple-Family Residential Zone is to:
1. Implement the Residential Medium-High Density (RMH) and Residential
High Density (RH) land use designations of the Carlsbad General Plan; and
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2. Provide regulations and standards for the development of residential
dwellings, and other permitted or conditionally permitted uses, as specified in this chapter.
21.16.020 Permitted Uses.
In the R-3 zone, notwithstanding any other provision of this title, only the uses
listed in Table A, below, shall be permitted, subject to the requirements and development
standards specified by this chapter, and subject to the provisions of Chapter 21.44 governing
off-street parking requirements.
The uses permitted by conditional use permit, as indicated in Table A, shall be
subject to the provisions of Chapters 21.42 and 21 50.
A.
B.
TABLE A
PERMITTED USES
In the table, below, subject to all applicable permitting and development requirements of the I
Municipal Code:
0
0
“P” indicates use is permitted
“CUP” indicates use is permitted with approval of a conditional use permit.
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USE P
Public buildings
Public/quasi-public accessory utility buildingslfacilities (see note 6, below)
Recreational vehicle storage, subject to Sec. 21.42.01 0(9) (defined: Sec.
TABLE A, continued
CUP Acc
X
X
X
21.04.299)
Residential care facilities (serving more than six persons), subject to Sec. X
21.42.01 0(8)(A) (defined: Sec. 21.04.300)
Satellite TV antennae, subject to Sec. 21 53.130 - 2153.150 (defined: Sec. X
21.04.302)
Second dwelling unit (accessory to a one-family dwelling only), subject to
Schools, publiclprivate (defined: Sec 21.04.140) X
Sec. 21 .I 0.030 (defined: Sec. 21.04.303)
Signs, subject to Chap. 21.41 (defined: Sec. 21.04.305)
Temporary bldg.1trailer (real estate or construction), subject to Sec.
21.16.030 Buildinn Heinht.
A. In the R-3 zone no building shall exceed a height of thirty-five feet. (Ord. 9060 {
X
X
X
701)
21.53.090 and 21 253.1 10
Timeshare projects, subject to Sec. 21.42.010(10)(A) (defined: Sec.
Ill
X
/I/
21.04.357)
Wireless Telecommunication Facilities
Zoos (private), subject to Sec. 21.42.010(2)(K) (defined: Sec. 21.04.400)
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21.16.040 Front Yard.
Every lot in the R-3 zone shall have a front yard of not less than twenty feet,
except that on key lots and lots which side upon commercially or industrially zoned property the
depth of the required front yard need not exceed fifteen feet. (Ord. 9060 5 702)
A.
21.16.050 Side Yards.
A. In the R-3 zone every lot shall have side yards as follows:
1. Interior lots shall have a side yard on each side of the lot which side yard
has a width not less than ten percent of the width of the lot; provided, that such side yard shall
be not less than five feet in width and need not exceed ten feet; and
2. Corner lots and reversed corner lots shall have the following side yards:
a.
b.
On the side lot line which adjoins another lot, the side yard shall
On the side street side the width of the required side yard shall be
be the same as that required on an interior lot; and
ten feet and said side yard shall extend the full length of the lot. (Ord. 9060 3 703)
21.16.060 Placement of Buildinqs.
A. Placement of buildings on any lot shall conform to the following:
1. Interior Lots:
a.
b.
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 side lot line the equivalent of the required side yard on such
lot and from the rear property line the equivalent of twice the required side yard on such lot; The distance between buildings used for human habitation and
between buildings used for human habitation and accessory buildings shall be not less than ten
feet;
d. All accessory structures shall comply with the following
development standards: i. The lot coverage shall include accessory structures in the
lot coverage calculations for the lot, ii. The distance between buildings used for human habitation
and accessory buildings shall be not less than ten feet,
iii. When proposed on a lot adjoining native vegetation,
accessory structures within a fire suppression zone must be reviewed and approved by the fire
department, Accessory buildings, by definition, do not share a common
wall with the main dwelling unit structure,
Buildings shall not exceed one story,
Building height shall not exceed fourteen feet if a minimum
roof pitch of 3:12 is provided or ten feet if less than a 3:12 roof pitch is provided;
e. Second dwelling units constructed above detached garages,
located within a lot’s buildable area, pursuant to Section 21.10.030.E.4. of this title are not
subject to the one-story/fourteen-foot height limitation imposed on accessory structures; Habitable detached accessory structures shall comply with all
requirements of the zone applicable to placement of a dwelling unit on a lot including setbacks;
Detached accessory structures, which are not dwelling units and
contain no habitable space, including but not limited to garages, workshops, tool sheds, decks
over thirty inches above grade, and freestanding patio covers shall comply with the following
additional development standards when located within a lot’s required setback areas:
The maximum allowable building area per structure shall
not exceed a building coverage of four hundred forty square feet,
c.
iv.
V.
vi.
f.
g.
i.
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ii. The following setbacks shall apply: A front yard setback of
twenty feet, a rear yard setback of five feet, a side yard setback of five feet, and an alley
setback of five feet,
iii. The maximum plumbing drain size shall be one and one-
half inches in diameter so as to prohibit toilets, showers, bathtubs an other similar fixtures;
iv. The additional development standards listed above
(subsections 21.16.060A.l.g.i through iii of this section) shall apply to the entire subject
accessory structure, not just the portion encroaching into a lot’s setback area; and
The provisions of this section are applicable notwithstanding the
permit requirements contained in Section 18.04.01 5 of this code.
h.
Corner Lots and Reversed Corner Lots:
a.
b.
2.
No building shall occupy any portion of a required yard;
The distance between buildings used for human habitation and
between buildings used for human habitation and accessory buildings shall be not less than ten
feet;
Any building, any portion of which is used for human habitation
shall observe a distance from the rear property line the equivalent of twice the required interior
side yard on such lot;
d. All accessory structures shall comply with the following
The lot coverage shall include accessory structures in the
development standards:
lot coverage calculations for the lot, ii. The distance between buildings used for human habitation
and accessory buildings shall be not less than ten feet,
iii. When proposed on a lot adjoining native vegetation,
accessory structures within a fire suppression zone must be reviewed and approved by the fire
department,
Accessory buildings, by definition, do not share a common
wall with the main dwelling unit structure,
Buildings shall not exceed one story,
Building height shall not exceed fourteen feet if a minimum
roof pitch of 3:12 is provided or ten feet if less than a 3:12 roof pitch is provided;
e. Second dwelling units constructed above detached garages,
located within a lot’s buildable area, pursuant to Section 21.10.030.E.4. of this title are not
subject to the one-story/fourteen-foot height limitation imposed on accessory structures;
Habitable detached accessory structures shall comply with all
requirements of the zone applicable to placement of a dwelling unit on a lot including setbacks;
Detached accessory structures, which are not dwelling units and
contain no habitable space, including but not limited to garages, workshops, tool sheds, decks
over thirty inches above grade, and freestanding patio covers shall comply with the following
additional development standards when located within a lot’s required setback areas:
The maximum allowable building area per structure shall
not exceed a building coverage of four hundred forty square feet,
The following setbacks shall apply: A front yard setback of
twenty feet, a rear yard setback of five feet, a side yard setback of five feet, and an alley
setback of five feet,
iii. The maximum plumbing drain size shall be one and one-
half inches in diameter so as to prohibit toilets, showers, bathtubs and other similar fixtures,
iv. The additional development standards listed above
(subsections 21.16.060A.2.g.i through iii of this section) shall apply to the entire subject
accessory structure, not just the portion encroaching into a lot‘s setback area; and
c.
I.
iv.
V.
vi.
f.
g.
1.
ii.
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h. The provisions of this section are applicable notwithstanding the
permit requirements contained in Section 18.04.015 of this code. (Ord. NS-355 55 9, IO, 1996;
Ord. NS-243 35 1 1 --I 3,1993; Ord. 9060 5 704)
21.16.070 Minimum Lot Area.
The minimum required area of a lot in the R-3 zone shall be not less than seven
thousand five hundred square feet, unless otherwise shown on the zoning map. (Ord. 9336 5 5,
1972: Ord. 9060 5 705)
A.
21.16.080 Lot Width.
Every lot created after the effective date of the ordinance codified in this chapter,
shall maintain a width not less than fifty feet at the rear line of the required front yard; provided,
however, if the zoning map indicates a minimum required area of six thousand square feet or
more, the minimum width of a lot shall be not less than sixty feet at the rear line of the required
front yard. (Ord. 9060 5 707)
A.
21.16.090 Lot Coveraae.
than sixty percent of the area of a lot. (Ord. 9060 5 708)
A. All buildings, including accessory buildings and structures, shall not cover more
SECTION IO: That Chapter 21.18 of the Carlsbad Municipal Code is amended to
read as follows:
Chapter 21.18
R-P RESIDENTIAL PROFESSIONAL ZONE*
21 .I 8.01 0 Intent and Purpose.
21.18.020 Permitted Uses.
21 .I 8.030 Development Standards.
21.18.040 Special Conditions and Standards.
* Prior ordinance history: Ord. 9060 33 800--808 as amended by Ords. 9224 and 9336.
21.18.01 0 Intent and Purpose.
A. The intent and purpose of the R-P residential-professional zone is to:
1. Implement the Office and Related Commercial (0), Residential Medium-
High Density (RMH) and Residential High density (RH) land use designations of the Carlsbad
General Plan; and
Provide areas for the development of certain low-intensity business and
professional offices and related uses in locations in conjunction with or adjacent to residential
areas; and
3. Provide transitional light traffic-generating commercial areas between
established residential areas and nearby commercial or industrial development; and (Ord. 9391
§ 1 (pad), 1974) Provide regulations and standards for the development of ofice and
residential uses, and other permitted or conditionally permitted uses, as specified in this
chapter.
2.
4.
21.18.020 Permitted Uses.
In the R-P zone, notwithstanding any other provision of this title, only the uses
listed in Tables A and B, below, shall be permitted, subject to the requirements and
A.
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development standards specified by this chapter, and subject to the provisions of Chapter 21.44
governing off-street parking requirements.
The uses permitted by conditional use permit, as indicated in Tables A and B,
shall be subject to the provisions of Chapters 21.42 and 21 50.
Uses similar to those listed in Tables A and B may be permitted if the planning
director determines such similar use falls within the intent and purpose of this zone, and is
substantially similar to a specified permitted use.
A use category may be general in nature, where more than one particular use fits
into the general category (ex. in some commercial zones “offices” is a general use category that
applies to various office uses). However, if a particular use is permitted by conditional use
permit in any zone, the use shall not be permitted in a zone (even under a general use
category), unless it is specifically listed in the zone as permitted or conditionally permitted.
B.
C.
D.
TABLE A
IMPLEMENTS THE 0 LAND USE DESIGNATION
In the table, below, subject to all applicable permitting and development requirements of the
Municipal Code:
0
0
USES PERMITTED WHEN THE R-P ZONE
“P” indicates use is permitted
“CUP” indicates use is permitted with approval of a conditional use permit.
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.Recreational vehicle storage, subject to Sec. 21.42.01 0(9) (defined: Sec.
21.04.299)
X
Residential care facilities (serving more than six persons), subject to Sec. I I X I I
21.42.01 0(8)(A) (defined: Sec. 21104.300)
Satellite TV antennae, subject to Sec. 21 53.130 - 21 S3.150 (defined: Sec. X
21.04.302) II II
Schools, public/private (defined: Sec 21.04.140)
Schools (business, vocational, and for such subjects as dance, drama,
X
X
cosmetology, music, martial arts, etc.)
Signs, subject to Chap. 21.41 (defined: Sec. 21.04.305)
Temporary bldghrailer (construction), subject to Sec. 21 53.1 10.
Wireless Telecommunication Facilities
TABLE B
IMPLEMENTS THE RMH OR RH LAND USE DESIGNATIONS
USES PERMITTED WHEN THE R-P ZONE
0 “P” indicates use is permitted
I I IXI Family day care home (large), subject to Chap. 21.83 (defined: Sec.
21.04.147)
X
X
X
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TABLE B, continued
IMPLEMENTS THE RMH OR RH LAND USE DESIGNATION
USE
Family day care home (small), subject to Chap. 21.83 (defined: Sec.
21.04.148)
Golf courses (see note 5, below)
Greenhouses (2,000 square feet maximum)
Greenhouses > 2,000 square feet, subject to Section 21.42.010(2)(F)
Home occupation, subject to Sec. 21.10.040
Housing for senior citizens, subject to Chap. 21.84
Mobile home (see note 3 & 6, below) (defined: Sec. 21.04.266)
Packing/sorting sheds (600 square feet maximum)
Packing/sorting sheds > 600 square feet, subject to Section 21.42.010(2)(F)
Parking lotktructure (commercial), public/private
Professional care facilities (defined: Sec. 21.04.295)
Public buildings
Publidquasi-public accessory utility buildings/facilities (see note 7, below)
Recreational vehicle storage, subject to Sec. 21.42.01 0(9) (defined: Sec.
21.04.299)
Residential care facilities (serving more than six persons), subject to Sec.
USES PERMITTED WHEN THE R-P ZONE
21.42.010(8)(A) (defined: Sec. 21,04.300)
Satellite TV antennae, subject to Sec. 21 53.1 30 - 21 53.1 50 (defined: Sec.
21.04.302)
Schools, public/private (defined: Sec 21.04.1 40)
Second dwelling unit (accessory to a one-family dwelling only), subject to
Sec. 21.10.030 (defined: Sec. 21.04.303)
Signs, subject to Chap. 21.41 (defined: Sec. 21.04.305)
Temporary bldg./trailer (real estate or construction), subject to Sec.
21.53.090 and 21.53.110.
Timeshare projects, subject to Sec. 21.42.010(10)(A) (defined: Sec.
21.04.357)
Wireless Telecommunication Facilities
Zoos (private), subject to Sec. 21.42.010(2)(K) (defined: Sec. 21.04.400)
Jote:
1) Private garages (defined: Sec. 21.04.1 50) shall accommodate not more than two
cars per dwelling unit.
2) When associated with a two-family or multiple-family dwelling, accessory
buildings shall not include guest houses or accessory living quarters (defined: Sec. 21.04.165).
3) One-family dwellings are permitted when developed as two or more detached units on one lot. Also, a single one-family dwelling shall be permitted on any legal lot that
existed as of October 28, 2004, and which is designated and zoned for residential use. Any proposal to subdivide land or construct more than one dwelling shall be subject to the density
provisions of the General Plan and intent of the underlying residential land use designation.
4)
5)
6)
A two-family dwelling shall not be permitted within the RH land use designation.
A conditional use permit is not required for a golf course if it is approved as part
of a master plan for a planned community development.
Mobile homes must be certified under the National Mobilehome Construction and
Safety Standards Act of 1974 (42 U.S.C. Section 5401 et seq.) on a foundation system pursuant
to Section 18551 of the State Health and Safety Code.
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7) PubWquasi-public accessory utility buildings/facilities include, but are not limited
to, water wells, water storage, pump stations, booster stations, transmission/distribution
electrical substations, operating centers, gas meteringkegulating stations, or telephone
exchanges, with the necessary accessory equipment incidental thereto.
21.18.030 Development Standards.
Subject to the general development standards of Chapters 21.41 and 21.44, no
lot shall be created or structure constructed in the R-P zone that does not conform to the
following specific standards:
Lot Area Minimum. In the R-P zone the minimum area of all lots hereafter
created shall be seven thousand five hundred square feet.
Lot Width Minimum. Every lot hereafter created in the R-P zone shall
maintain a minimum lot width at the rear line of the required front yard on the basis of the
following:
A.
1.
2.
Lot Area Required Width
Less than 10,000 sq. ft.
Less than 20,000 sq. ft.
More than 20,000 sq. ft.
60 feet
75 feet
80 feet
3. Front Yard. Every lot in the R-P zone shall have a front yard of not less
than twenty feet in depth, except key lots which side upon commercially or industrially-zoned
property shall maintain a front yard of not less than fifteen feet.
Interior lots shall have side yards that have width equal to ten
percent of the lot width, provided that such side yard shall not be less than five feet in width and
need not exceed ten feet in width; and
Corner lots shall have a side yard on the side lot line adjacent to
another lot of a width within the limitations for an interior lot above and a side yard adjacent to
the street of ten feet.
Rear Yard. In the R-P zone every lot shall have a rear yard of a depth
equal to twenty percent of the lot width, provided that such rear yard need not exceed twenty
feet.
6. Separation of Buildings. In addition to the required yards, buildings shall
be set as follows:
a. Minimum distance between habitable buildings, ten feet; and
b. Minimum distance between habitable buildings and accessory
structures, ten feet;
All accessory structures shall comply with the following development
standards:
a. The lot coverage shall include accessory structures in the lot
coverage calculations for the lot;
b. The distance between buildings used for human habitation and
accessory buildings shall be not less than ten feet; c. When proposed on a lot adjoining native vegetation, accessory
structures within a fire suppression zone must be reviewed and approved by the fire
department;
Accessory buildings, by definition, do not share a common wall
with the main dwelling unit structure;
Buildings shall not exceed one story; and
Building height shall not exceed fourteen feet if a minimum roof
4. Side Yard. In the R-P zone every lot shall have side yards as follows:
a.
b.
5.
7.
d.
e.
f.
pitch of 3:12 is provided or ten feet if less than a 3:12 roof pitch is provided,
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8. Second dwelling units constructed above detached garages, located
within a lot’s buildable area, pursuant to Section 21.10. 030.E.4. of this title are not subject to
the one-story/fourteen-foot height limitation imposed on accessory structures.
9. Habitable detached accessory structures shall comply with all
requirements of the zone applicable to placement of a dwelling unit of a lot including setbacks.
IO. Detached accessory structures, which are not dwelling units and contain
no habitable space, including but not limited to garages, workshops, tool sheds, decks over
thirty inches above grade, and freestanding patio covers shall comply with the following
additional development standards when located within a lot’s required setback areas:
The maximum allowable building area per structure shall not
exceed a building coverage of four hundred forty square feet;
The following setbacks shall apply: A front yard setback of twenty
feet, a rear yard setback of five feet, a side yard setback of five feet, and an alley setback of five
feet;
The maximum plumbing drain size shall be one and one-half
inches in diameter so as to prohibit toilets, showers, bathtubs and other similar fixtures; and
The additional development standards listed above (subsections
21.18.040A.10.a through c of this section) shall apply to the entire subject accessory structure,
not just the portion encroaching into a lot‘s setback area;
11. The provisions of this section are applicable notwithstanding the permit
requirements contained in Section 18.04.01 5 of this code;
12. Except for an accessory structure which is not a dwelling unit and
contains no habitable space and complies with the development standards specified in this
chapter, no building shall be located in any of the required yards;
Height Limits. In the R-P zone the maximum building height shall be
thirty-five feet;
Lot Coverage. In the R-P zone all buildings shall not cover more than
sixty percent of the total lot area; and
Parking Off-street. Parking shall not be provided in the required front or
side yards. (Ord. NS-243 55 14--16, 1993; Ord. NS-240 5 1, 1993; Ord. 9606 5 1 (part), 1981;
Ord. 9391 5 1 (part), 1974)
a.
b.
c.
d.
13.
14.
15.
21 .I 8.040 Special Conditions and Standards.
A. In addition to the established development standards, when applicable the
following conditions shall be met:
1. Outside Display and Storage. No outdoor display of products or storage
shall be permitted.
2. Residential Structure Conversion. All existing residential structures
converted to commercial purposes shall be brought into conformance with all the requirements
of this title and Title 18 of this code.
Walls. Any lot proposed for nonresidential development which adjoins a
lot located in a residential zone district shall have a solid masonry wall of six feet in height
installed along the common lot line, except in the front yard area where the wall shall be
reduced to forty-two inches in height. 4. Enclosure of Activities. All nonresidential uses shall be located in a
completely enclosed building. (Ord. 9391 5 1 (part), 1974)
3.
SECTION 11: That Section 21.20.026 of the Carlsbad Municipal Code is
amended to read as follows:
21.20.026 Second dwelling units.
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Second dwelling units are permitted according to the provisions of Section 21.10.030 of
this title on lots which are developed with detached single-family residences. The development
standards of this zone shall apply. (Ord. NS-663 § 8, 2003: Ord. NS-283 § 18, 1994)
SECTION 12: That Section 21.20.080(1)(G) of the Carlsbad Municipal Code is
amended to read as follows:
(G) Second dwelling units constructed above detached garages, located within a lot’s
buildable area, pursuant to Section 21.10.0030.E.4. of this title are not subject to the one-
storylfourteen-foot height limitation imposed on accessory structures.
SECTION 13: That Chapter 21.22 of the Carlsbad Municipal Code is amended to
read as follows:
Chapter 21.22
R-W RESIDENTIAL WATERWAY ZONE
21.22.01 0 Intent and Purpose.
21.22.020 Permitted Uses.
21.22.0230 Building Height.
21.22.040 Front Yard.
21.22.050 Side Yard.
21.22.060 Rear Yard.
21.22.070 Accessory Structures.
21.22.080 Minimum Lot Area.
21.22.090 Lot Width.
21.22.100 Lot Coverage.
21.22.1 10 Waterway Access.
21.22.01 0 Intent and Purpose.
A. The intent and purpose of the R-W Residential Waterway zone is to:
1.
2.
3.
Implement the Residential High Density (RH) land use designation of the
Provide an area in which residential development centered about a
Provide regulations and standards for the development of residential
Carlsbad General Plan; and
navigable waterway may be accommodated; and
dwellings, and other permitted or conditionally permitted uses, as specified in this chapter.
21.22.020 Permitted Uses.
In an R-W zone, notwithstanding any other provision of this title, only the uses
listed in Table A, below, shall be permitted, subject to the requirements and development
standards specified by this chapter, and subject to the provisions of Chapter 21.44 governing
off-street parking requirements.
The uses permitted by conditional use permit, as indicated in Table A, shall be
subject to the provisions of Chapters 21.42 and 21 50.
A.
B.
///
Ill
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USE
Accessory buildings/structures (ex. garages, workshops, tool sheds, patio
TABLE A
PERMllTED USES
In the table, below, subject to all applicable permitting and development requirements of the
Municipal Code:
0
0
“P” indicates use is permitted
“CUP” indicates use is permitted with approval of a conditional use permit.
P CUP Acc
X
covers, decks, etc:) (see notes 1‘ & 2,-below) (defined: Sec. 21.04.020) .
Animal keeping (household pets), subject to Sec. 21 53.084
Animal keeping (wild animals), subject to Sec. 21 53.085
Aquaculture (defined: Sec. 21.04.036)
Biological habitat preserve, subject to Sec. 21.42.01 0(15)(A) (defined: Sec.
X
X
X
X
21.04.048)
Boat launching/docking facilities (see note 3, below)
Campsites (overnight), subject to Sec. 21.42.01 0(2)(H)
Cemeteries
iote:
cars per dwelling unit.
buildings shall not include guest houses or accessory living quarters (defined: Sec. 21.04.165).
1) Private garages (defined: Sec. 21.04.150) shall accommodate not more than two
2) When associated with a two-family or multiple-family dwelling, accessory
X
X
X
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3) Boat launching and docking facilities are permitted only for the sole use of residents of any subdivision in which the facility is located, and which is within the R-W zone.
4) One-family dwellings are permitted when developed as two or more detached
units on one lot. Also, a single one-family dwelling shall be permitted on any legal lot that
existed as of October 28, 2004, and which is designated and zoned for residential use. Any
proposal to subdivide land or construct more than one dwelling shall be subject to the density
provisions of the General Plan and intent of the underlying residential land use designation.
A conditional use permit is not required for a golf course if it is approved as part
of a master plan for a planned community development.
Mobile homes must be certified under the National Mobilehome Construction and
Safety Standards Act of 1974 (42 U.S.C. Section 5401 et seq.) on a foundation system pursuant
to Section 18551 of the State Health and Safety Code.
Public/quasi-public accessory utility buildings/facilities include, but are not limited
to, water wells, water storage, pump stations, booster stations, transmission/distribution
electrical substations, operating centers, gas meteringhegulating stations, or telephone
exchanges, with the necessary accessory equipment incidental thereto.
5)
6)
7)
21.22.030 Building Height.
A. No building in the R-W zone shall exceed a height of thirty-five (35) feet. (Ord.
NS-180 3 15, 1991: Ord. 9189 § 1 (part): Ord. 9060 § 951)
21.22.040 Front Yard.
l(part): Ord. 9060 5 952)
A. Every lot shall have a front yard of not less than ten feet in depth. (Ord. 9189 5
21.22.050 Side Yard.
A. Every lot shall have side yards as follows:
1.
four feet in width;
2.
Interior lots shall have a side yard on each side of the lot of not less than
Corner lots and reversed corner lots shall have the following side yards:
a.
b.
On the side lot line which adjoins another lot, the side yard shall
On the side street side the width of the required side yard shall be
be the same as that required on an interior lot, and
eight feet. (Ord. 9189 3 1 (part); Ord. 9060 § 953)
21.22.060 Rear Yard.
A. There shall be a rear yard of not less than eight feet in depth. (Ord. 9189 § 1
(part): Ord. 9060 § 954)
21 22.070 Accessory Structures.
A. All accessory structures shall comply with the following development standards:
1.
2.
3.
4.
5.
6.
The lot coverage shall include accessory structures in the lot coverage
The distance between buildings used for human habitation and accessory
When proposed on a lot adjoining native vegetation, accessory structures
Accessory buildings, by definition, do not share a common wall with the
Buildings shall not exceed one story;
Building height shall not exceed fourteen feet if a minimum roof pitch of
calculations for the lot;
buildings shall be not less than ten feet;
within a fire suppression zone must be reviewed and approved by the fire department;
main dwelling unit structure;
3: 12 is provided or ten feet if less than a 3: 12 roof pitch is provided; and
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7. Second dwelling units constructed above detached garages, located
within a lot's buildable area, pursuant to Section 21.1 0.030.E.4. of this title are not subject to the
one-story/fourteen-foot height limitation imposed on accessory structures.
Habitable detached accessory structures shall comply with all requirements of
the zone applicable to placement of a dwelling unit on a lot including setbacks.
Detached accessory structures, which are not dwelling units and contain no
habitable space, including but not limited to garages, workshops, tool sheds, decks over thirty
inches above grade, and freestanding patio covers shall comply with the following additional
development standards when located within a lot's required setback areas:
1. The maximum allowable building area per structure shall not exceed a
building coverage of four hundred forty square feet;
2. The following setbacks shall apply: A front yard setback of twenty feet, a
rear yard setback of five feet, a side yard setback of five feet, and an alley setback of five feet;
3. The maximum plumbing drain size shall be one and one-half inches in
diameter so as to prohibit toilets, showers, bathtubs and other similar fixtures; and
4. The additional development standards listed above (subsections
21.22.070C.l. through 3 of this section) shall apply to the entire subject accessory structure, not
just the portion encroaching into a lot's setback area.
D. The provisions of this section are applicable notwithstanding the permit
requirements contained in Section 18.04.015 of this code. (Ord. NS-355 13, 1996: Ord. NS-
243 18,1993: Ord. 9819 1 (part): Ord. 9060 § 955)
B.
C.
21 22.080 Minimum Lot Area.
thousand square feet. (Ord. 9336 § 9, 1972: Ord. 9189
A. The minimum required area of a lot in the R-W zone shall not be less than five
1 (part): Ord. 9060 § 956)
21.22.090 Lot Width.
required front yard. (Ord. 9189
A. Every lot shall have a width of not less than forty feet at the rear line of the
1 (part): Ord. 9060 § 958)
21.22.100 Lot Coveraqe.
than seventy-five percent of the area of the lot. (Ord. 9189 § 1 (part): Ord. 9060 959)
A. All buildings, including accessory buildings and structures, shall not cover more
21.22.1 10 Waterway Access.
Not less than seventy percent in number of the R-W zoned lots in any subdivision
in an R-W zone shall have direct access to a navigable waterway.
For each twenty lots or portion thereof without direct access to a navigable
waterway, there shall be provided a boat launching facility within the subdivision on an R-W
zoned lot which does have direct access to a navigable waterway. The area of such lot not
utilized for the boat launching facility shall be improved for parking and shall conform to the
requirements of Sections 21.44.080 and 21.44.100.
C. "Direct access" for the purpose of this section shall mean that at least twenty feet
or one-half, whichever is the longer, of a side or rear lot line shall border upon such navigable
waterway. D. "Navigable waterway" for the purpose of this section means an ocean inlet or
lagoon, or other arm of the sea, actually usable for boating; and any channel actually usable for
boating and docking facilities connecting with an ocean inlet or lagoon or other arm of the sea.
(Ord. 9189 § 1 (part): Ord. 9060 § 961)
A.
B.
SECTION 14: That Chapter 21.24 of the Carlsbad Municipal Code is amended to
read as follows:
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USE P CUP
Accessory buildings/structures (ex. garages, workshops, tool sheds, patio
Animal keeping (household pets), subject to Sec. 21 53.084
Animal keeping (wild animals), subject to Sec. 21 53.085
Aquaculture (defined: Sec. 21.04.036) X
Bed and breakfasts, subject to Sec. 21.42.01 O( 12)(A) (defined: Sec. X
covers, decks, etc.) (see note 1, below) (defined: Sec. 21.04.020)
21.24.010
21.24.020
21.24.030
21.24.040
21.24.050
21.24.060
21.24.070
21.24.080
21.24.090
21.24.100
21.24.1 1 0
21.24.1820
21.24.1830
21.24.1640
Acc
X
X
X
Chapter 21.24
21.04.046)
Biological habitat preserve, subject to Sec. 21.42.01 0(15)(A) (defined: Sec.
RD-M RESIDENTIAL DENSITY-MULTIPLE ZONE
X
Intent and Purpose.
Permitted Uses.
Building Height.
Front Yard.
Side Yard.
Setbacks--Subterranean Parking.
Rear Yard.
Yards--Structures Over Thirty-Five Feet in Height.
Accessory Structures.
Lot Area.
Lot Coverage.
Lot Width.
Improvements Required.
Special Conditions for Certain Lots.
21.24.010 Intent and Purpose.
A. The intent and purpose of the RD-M Residential Density-Multiple zone is to:
1. Implement the Residential Medium Density (RM), Residential Medium-
High Density (RMH), and Residential High Density (RH) land use designations of the Carlsbad
General Plan; and Provide regulations and standards for the development of residential
dwellings, and other permitted or conditionally permitted uses, as specified in this chapter.
2.
21.24.020 Permitted Uses.
A. In the RD-M zone, notwithstanding any other provision of this title, only the uses -- listed in Table A, below, shall .be permitted, subject to the requirements and development
standards specified by this chapter, and subject to the provisions of Chapter 21.44 governing
off-street parking requirements.
The uses permitted by conditional use permit, as indicated in Table A, shall be
subject to the provisions of Chapters 21.42 and 21 50.
B.
TABLE A
PERMllTED USES
In the table, below, subject to all applicable permitting and development requirements of the
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USE
Campsites (overnight), subject to Sec. 21.42.010(2)(H)
TABLE A, continued
P CUP Acc
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Cemeteries
Churches
Child day care center, subject to Chap. 21.83 (defined: Sec. 21.04.086)
X
X
X
- ~~
Dwelling, one-family (see notes 2 and 3, below) (defined: Sec. 21.04.125)
Dwelling, two-family (defined: Sec. 21.04.130)
Dwelling, multiple-family, subiect to Sec. 21.53.120 if more than 4 units are
_-
X
X
X proposed (defined: Set. 21.04.135)
Family day care home (large), subject to Chap. 21.83 (defined: Sec. X
21.04.147)
21.04.148)
Family day care home (small), subject to Chap. 21.83 (defined: Sec. X
Greenhouses > 2000 square feet, subject to Sec. 21.42.010(2)(F)
Golf courses (see note 4. below)
X
X
Home occupation, subject to Sec. 21 .I 0.040
Housing for senior citizens, subject to Chap. 21.84
Mobile home (see notes 2, 3 & 5, below) (defined: Sec. 21.04.266)
Packinghorting sheds >600 square feet, subject to Sec. 21.42.010(2)(F)
Parking lot/ struct ure (commercial) , pu bl iclprivate
Professional ~ care facilities (defined: Sec. 21.04.295)
lote:
1) When associated with a two-family or multiple-family dwelling, accessory
buildings shall not include guest houses or accessory living quarters (defined: Sec. 21.04.165).
2) Within the RM land use designation, a one-family dwelling/subdivision is
permitted.
3) Within the RMH and RH land use designations, one-family dwellings are
permitted when developed as two or more detached units on one lot. Also, a single one-family
dwelling shall be permitted on any legal lot that existed as of October 28, 2004, and which is
designated and zoned for residential use. Any proposal to subdivide land or construct more
than one dwelling shall be subject to the density provisions of the General Plan and intent of the
underlying residential land use designation.
X
X
X
X
X
X
Ill
Public buildings
Publiclquasi-public accessory utility buildings/facilities (see note 6, below)
Recreational vehicle storage, subject to Sec. 21.42.01 O(9) (defined: Sec.
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X
X
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- .. . 21.04.299)
21.42.010(8)(A) (defined: Sec. 21.04.300)
Residential care facilities (serving more than six persons), subject to Sec.
Satellite TV antennae, subject to Sec. 21 53.130 - 21 53.150 (defined: Sec.
X
X
21.04.302)
Schools, publiclprivate (defined: Sec 21.04.140)
Second dwelling unit (accessory to a one-family dwelling only), subject to
Signs, subject to Chap. 21.41 (defined: Sec. 21.04.305)
Temporary bldg./trailer (real estate or construction), subject to Sec.
Sec. 21.10.030 (defined: Sec. 21.04.303)
X
X
X
X
2 1 S3.090 and 2 1 53.1 10
Wireless Telecommunication Facilities
Zoos (private), subject to Sec. 21.42.01 0(2)(K) (defined: Sec. 21.04.400)
X
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4)
5)
A conditional use permit is not required for a golf course if it is approved as part
of a master plan for a planned community development.
Mobile homes must be certified under the National Mobilehome Construction and Safety Standards Act of 1974 (42 U.S.C. Section 5401 et seq.) on a foundation system pursuant
to Section 18551 of the State Health and Safety Code.
Publiclquasi-public accessory utility buildings/facilities include, but are not limited
to, water wells, water storage, pump stations, booster stations, transmissionldistribution
electrical substations, operating centers, gas meteringlregulating stations, or telephone
exchanges, with the necessary accessory equipment incidental thereto.
6)
21.24.030 Buildinq Heiqht.
§ 1 (part), 1970: Ord. 9060 5 972)
A. No building shall exceed a height of thirty-five feet. (Ord. 9534, 1979: Ord. 9251
21.24.040 Front Yard.
There shall be a front yard of not less than twenty feet in depth with exceptions
as follows:
1. Fifteen feet shall be permitted providing carport or garage openings do
not face onto the front yard; and
2. Ten feet shall be permitted providing carport or garage openings do not
face onto the front yard, and that the remaining front yard is landscaped with a combination of
flowers, shrubs, trees, and irrigated with a sprinkler system. Landscape plans and irrigation
system plans shall be approved by the planning director prior to issuance of a building permit for
a proposed structure. (Ord. 1256 § 13 (part), 1982; Ord. 9251 I (part), 1970: Ord. 9060 973)
A.
21.24.050 Side Yard.
A. Every lot shall have side yard as follows:
1.
five feet in width;
2.
Interior lots shall have a side yard on each side of the lot of not less than
Corner lots and reversed corner lots shall have side yards as follows:
a.
b.
On the side lot line which adjoins another lot, the side yard shall
be the same as that required on an interior lot, and
On any side of a lot which is adjacent to a street, the side yard
shall be ten feet, with exception that: the required ten-foot side yard abutting a street may be
reduced to five feet, providing parking spaces do not open directly onto the street and, that the
side yard is landscaped and maintained as prescribed in Section 21.24.040.
A zero foot side yard setback shall be permitted to one interior side yard,
provided:
a. That the owners of both lots common to the proposed zero side
yard are in agreement with the concept,
b. That a specific plan is filed with the city for approval, showing the
proposed building locations, parking, and side yard areas for both lots, and
c. That the remaining side yard shall be not less than twenty-five
percent of the total lot width measured at the front setback line. (Ord. 9251 5 1 (part), 1970: Ord.
9060 § 974)
3.
21.24.060 Setbacks--Subterranean Parkinn.
Zero foot setback for subterranean parking shall be permitted provided the
required setbacks for the dwelling structure are landscaped and maintained as prescribed in
Section 21.24.040. (Ord. 9251 § 1 (part), 1970: Ord. 9060 5 975)
A.
Ill
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21.24.070 Rear Yard.
A. There shall be a rear yard of not less than ten feet in depth. (Ord. 9251 Q 1 (part),
1970: Ord. 9060 Q 976)
21.24.080 Yards--Structures Over Thirty-Five Feet in Heicrht.
A. The above specified yard.requirements apply only to those structures up to a
height of thirty-five feet. For any other structure which has had its height increased by approval
of a specific plan, the yards shall be increased at a ratio of one and one-half additional foot
horizontally, for each eight feet of vertical construction. (Ord. 9251 Q 1 (part), 1970: Ord. 9060 Q
977)
21.24.090 Accessory Structures.
A. All accessory structures shall comply with the following development standards:
1. The lot coverage shall include accessory structures in the lot coverage
calculations for the lot;
2. The distance between buildings used for human habitation and accessory
buildings shall be not less than ten feet;
3. When proposed on a lot adjoining native vegetation, accessory structures
within a fire suppression zone must be reviewed and approved by the fire department;
4. Accessory buildings, by definition, do not share a common wall with the
main dwelling unit structure;
5. Buildings shall not exceed one story; and
6. Building height shall not exceed fourteen feet if a minimum roof pitch of
3:12 is provided or ten feet if less than a 3:12 roof pitch is provided.
Second dwelling units constructed above detached garages, located within a lot’s
buildable area, pursuant to Section 21.10.030.E.4. of this title are not subject to the one-
story/fourteen-foot height limitation imposed on accessory structures.
Habitable detached accessory structures shall comply with all requirements of
the zone applicable to placement of a dwelling unit on a lot including setbacks.
Detached accessory structures, which are not dwelling units and contain no
habitable space, including but not limited to garages, workshops, tool sheds, decks over thirty
inches above grade, and freestanding patio covers shall comply with the following additional
development standards when located within a lot’s required setback areas:
1. The maximum allowable building area per structure shall not exceed a
building coverage of four hundred forty square feet;
2. The following setbacks shall apply: A front yard setback of twenty feet, a
rear yard setback of five feet, a side yard setback of five feet, and an alley setback of five feet;
3. The maximum plumbing drain size shall be one and one-half inches in
diameter so as to prohibit toilets, showers, bathtubs and other similar fixtures; and
4. The additional development standards listed above (subsections
21.24.090D.1 through 3 of this section) shall apply to the entire subject accessory structure, not
just the portion encroaching into a lot‘s setback area.
E. The provisions of this section are applicable notwithstanding the permit
requirements contained in Section 18.04.015 of this code. (Ord. NS-355 Q 14, 1996: Ord. NS-
243 Q 19, 1993: Ord. 9251 Q 1 (part), 1970: Ord. 9060 Q 978)
B.
C.
D.
21.24.100 Lot Area.
implements the RM land use designation, shall be as follows:
1.
square feet; and
A. The minimum required area of a lot in the RD-M zone, when the zone
For one-family dwellings: a lot area not less than six thousand (6,000)
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2. For two-family and multiple dwellings: a lot area not less than ten
thousand (10,000) square feet, except that the joining of two smaller lots shall be permitted
although their total area does not equal the required lot area.
The minimum lot area of a lot in the RD-M zone, when the zone implements the
RMH or RH land use designations, shall not be less than ten thousand (10,000) square feet,
except that the joining of two smaller lots shall be permitted although their total area does not
equal the required lot area.
B.
21.24.1 10 Lot Coveraqe.
the lot than sixty percent. (Ord. 9251 5 1 (part), 1970: Ord. 9060 § 980)
A. All buildings, including accessory buildings and structures, shall cover no more of
21.24.120 Lot Width.
required front yard. (Ord. 9251 § 1 (part), 1970: Ord. 9060 § 982)
A. Every lot shall have a width of not less than sixty feet at the rear line of the
21.24.130 Improvements Required.
Prior to an occupancy permit being issued by the community development
director for any new units constructed in the RD-M zone, it shall be necessary for the developer
to upgrade or install those public improvements deemed necessary for public convenience and
necessity.
B. Improvements as may be required by the city engineer shall be constructed to
city standards and specifications.
C. In such case where there are not adjacent improvements or official street grade
has not been established, the city engineer may recommend to the city council that a future
street improvement agreement be entered into. (Ord. 1261 § 41, 1983; Ord. 9251 § 1 (part),
1970: Ord. 9060 984)
A.
21.24.140 Special Conditions for Certain Lots.
A. In approving a site development plan, planned development permit, tentative
map or other discretionary permit, for a property located in the RD-M zone and adjacent to an
R-I zone, the planning commission or city council may impose special conditions or
requirements that include but are not limited to provisions for the following:
1.
2.
3. Additional landscaping;
4. Signs, fences and walls;
5. Special grading restrictions;
6.
7.
8.
Special setbacks, yards, open space;
Special height and bulk of building regulations;
Regulation of point of ingress and egress; and
Compatibility with surrounding properties and land uses; and
Such other conditions as deemed necessary to ensure conformity with
the general plan and other adopted policies, goals or objectives of the city. (Ord. NS-186 9 1,
1991)
SECTION 15: That Chapter 21.37 of the Carlsbad Municipal Code is amended to
read as follows:
Chapter 21.37
RMHP RESIDENTIAL MOBILE HOME PARK ZONE
21.37.01 0 Intent and Purpose.
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USE
Buildings incidental to a mobile home park (ex. recreational buildings,
21.37.020
21.37.030
21.37.040
21.37.050
21.37.060
21.37.070
21.37.080
21.37.090
21.37.100
21.37.1 10
21.37.120
21.37.130
P CUP Acc
X
Permitted Uses.
Permit Required.
Application.
Transmittal to the Planning Commission.
Planning Commission Report.
City Council Determination.
Final Mobile Home Park Plan.
Design Criteria.
Development Standards.
Removal of Mobile Home Park Zone.
Conversion.
Waiver of Tentative and Final Map for Mobile Home Park Conversions.
laundry facilities, etc.)
Animal keeping (household pets), subject to Sec. 21 53.084
Animal keeping (wild animals), subject to Sec. 21 53.085
Aquaculture (defined: Sec. 21.04.036)
21.37.010 Intent and PurDose.
A. The intent and purpose of the mobile home park zone is to:
1. Provide locations where mobile homes and mobile home parks may bc
2. Provide a means to regulate and control the conversion of existing mobilc
3. Promote and encourage an orderly residential environment witt
4. Implement the goals and objectives of the general plan, including al
established, maintained and protected;
home parks to another use;
appropriate physical amenities; and
residential land use designations and the housing element. (Ord. 9564 5 2 (part), 1980)
X
X
X
21.37.020 Permitted Uses.
In an RMHP zone, notwithstanding any other provision of this title, only the use2
listed in Table A, below, shall be permitted, subject to the requirements and developmen
standards specified by this chapter, and subject to the provisions of Chapter 21.44 governing
off-street parking requirements.
The uses permitted by conditional use permit, as indicated in Table A, shall bc
subject to the provisions of Chapters 21.42 and 21 50.
A.
B.
21.04.048)
Cemeteries
Churches
21.04.147)
Campsites (overnight), subject to Sec. 21.42.01 0(2)(H)
Family day care home (large), subject to Chap. 21.83 (defined: Sec.
TABLE A
PERMITTED USES
In the table, below, subject to all applicable permitting and development requirements of the
Municipal Code:
0
0
0
“P” indicates use is permitted
“CUP” indicates use is permitted with approval of a conditional use permit.
“Acc” indicates use is Dermitted as an accessorv use.
X
X
X
X
Biological habitat preserve, subject to Sec. 21.42.01 0(15)(A) (( lefined: Sec. I I X I
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Family day care home (small), subject to Chap. 21.83 (defined: Sec.
21.04.148)
X
Golf courses (see note 1, below)
Greenhouses > 2,000 square feet, subject to Sec. 21.42.010(2)(F)
Home occupation, subject to Sec. 21.10.040
X
X
X
Mobil home accessorv structures (defined: Sec. 21.04.267) Ix
21.37.030 Permit Required.
No person shall develop a mobile home park and no mobile home park shall be
established unless a mobile home park permit has been issued according to this chapter.
The conversion to condominiums of mobile home parks existing on the effective
date of the adoption of Chapter 21.37 may be exempt from the development standards
identified in this chapter, providing that the planning commission and city council find that the
mobile home park shall remain substantially in conformance with the existing facility allowing
conversion and provided the conversion qualifies under Chapter 11, Division 31 of the Health
and Safety Code (Health and Safety Section 50780 et seq.). Such conversion of existing mobile
home parks shall still be subject to Sections 21.37.1 10 and 21.37.120. (Ord. 9836 3 1, 1987:
Ord. 9564 3 2 (part), 1980)
A.
B.
Mobile home parks (see note 2, below)
Packing/sorting sheds > 600 square feet, subject to Sec. 21.42.010(2)(F)
Public buildinas
21.37.040 ApDlication.
Application for a mobile home park permit shall be made to the city council
through the planning department and planning commission in accordance with the procedures
set forth in this section:
A.
X
X
X
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PubWquasi-public accessory utility buildings/facilities (see note 3, below)
Satellite TV antennae, subject to Sec. 21 53.130 - 21.53.150 (defined:
Schools, public/private (defined: Sec 21.04.140)
Signs, subject to Chap. 21.41 (defined: Sec. 21.04.305)
Sec. 21.04.302)
Temporary bldgdtrailer (real estate or construction), subject to Sec.
21 53.090 and 21 53.1 10
Wireless Telecommunication Facilities
Zoos (private), subject to Sec. 21.42.010(2)(K) (defined: Sec. 21.04.400)
X
X
X
X
X
X
X
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1. An application for a mobile home park permit may be made by the record
owner or owners of the property on which the development is proposed to be constructed. The
application shall be filed with the planning director and shall contain a legal description of the
property, involved and an explanation and description of the proposed use. The planning director
may prescribe the form and content of such application;
2. A fee as established by city council resolution shall be paid when
application for a mobile home park permit is made;
3. The application shall be accompanied by a development plan including
the location of all mobile home lots and accessory buildings, a landscape plan and a grading
plan including cross-sections of any proposed grading. The planning director may require any
additional documents or information necessary to insure complete review of the project;
If the applicant contemplates the construction of a mobile home park in
phases, the application shall so state and shall include a proposed construction schedule;
If the project is to provide open areas and recreational facilities to be used
by the occupants of two or more dwelling units, it shall be stated in the application and the
application shall include a plan, acceptable to the city, for the preservation and maintenance of
the common elements of the property; and If the proposed park will be a condominium or planned unit development,
a tentative map prepared according to the requirements of Chapter 20.12 of this code shall be
filed at the time of the application for the mobile home park. No tentative map for a mobile home
condominium or planned unit development shall be approved unless a mobile home park permit
has first been approved. A tentative map for a mobile home condominium or planned unit
development shall not be deemed submitted for approval until the date of the first planning
commission hearing on the permits. (Ord. 1256 55 7 (part) and 13 (part), 1982; Ord. 9564 3 2
(part), 1980)
4.
5.
6.
21.37.050 Transmittal to the Planninq Commission.
A. The planning director shall transmit the application for a mobile home park
permit, together with his recommendation thereon, to the planning commission for public
hearing when all necessary reports and processing have been completed. When an application
is relative to another discretionary permit, it may be considered by the planning commission
concurrent with their consideration of such discretionary permit. Notice of the public hearing
shall be given as provided in Section 21.54.060(1) of this code. (Ord. 1256 5 7 (part), 1982; Ord.
9564 5 2 (part), 1980)
21.37.060 Planninq Commission Report.
The planning commission shall hear and consider the application for a mobile
home park permit and shall prepare a report and recommendation for the city council. A copy of
the report and recommendation shall be mailed to the applicant and shall be filed with the city
clerk who shall set the matter for public hearing before the city council. Notice of the public
hearing shall be given as provided in Section 21.54.060(1) of this code. (Ord. 9758 5 8, 1985;
Ord. 9564 5 2 (part), 1980)
A.
21.37.070 City Council Determination.
The city council may approve, conditionally approve, or disapprove a mobile
home park permit. Such determination shall be made in accord with this code, the general plan
and any applicable specific plans.
A permit shall not be approved or conditionally approved unless the council finds
that the design and improvement of the project are consistent with the development standards
and design criteria established by this chapter. (Ord. 9564 5 2 (part), 1980)
A.
B.
Ill
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21.37.080 Final Mobile Home Park Plan.
A. After approval of the mobile home park permit, the applicant shall prepare a
reproducible copy of the approved mobile home park site plan known hereafter as the final
mobile home park plan, which shall incorporate all requirements of the mobile home park permit
approval.
B. The final mobile home park plan shall be submitted to the planning director for
signature. Prior to signing the final mobile home park plan, the planning director shall determine
that all applicable requirements have been incorporated into the plan and that all conditions of
approval have been satisfactorily met or otherwise guaranteed. (Ord. 1256 5 10 (part), 1982;
Ord. 9564 5 2 (part), 1980)
21.37.090 Design Criteria.
The following design criteria shall apply to all mobile home parks:
1. The overall plan shall be comprehensive, embracing land, mobile homes,
buildings, landscaping and their interrelationships, and shall conform to adopted plans for all
governmental agencies for the area in which the proposed development is located;
The plan shall provide for adequate circulation, off-street parking, open
recreational areas and other pertinent amenities. Mobile homes, buildings, structures and
facilities in the park shall be well integrated, oriented and related to the topographic and natural
landscape features of the site;
3. The proposed development shall be compatible with existing and planned
land use and with circulation patterns on adjoining properties. It shall not constitute a disruptive
element to the neighborhood or community; and Common areas and recreational facilities shall be located so as to be
readily accessible to the occupants of the dwelling units and shall be well related to any
common open spaces provided. (Ord. 9564 5 2 (part), 1980)
A.
2.
4.
21.37.100 Development Standards.
A. A mobile home park shall comply with the following development standards:
1.
2.
A mobile home park shall be not less than five acres for a condominium
or planned unit development park and fifteen acres for a rental park;
Fifteen percent of the mobile home sites may be three thousand square
feet in area to accommodate a twenty foot wide mobile home. The remaining sites shall have a
minimum of three thousand five hundred square feet in area;
3.
4.
Each mobile home lot shall have a width of not less than fifty feet;
Not more than one single-family mobile home or factory-built home may
be placed on a mobile home lot. Each mobile home or factory-built house shall contain one
dwelling unit only. No mobile home or factory-built house shall be less than twenty-four feet
wide, except for the fifteen percent affordable housing units which may be twenty feet wide;
Each mobile home site shall have a front yard of not less than five feet.
The front yard so required shall not be used for vehicle parking, except such portion thereof as
is devoted to driveway use;
On corner mobile home sites, the side yard adjoining the mobile home
park street shall not be less than five feet;
Except for corner lots, each mobile home lot shall have a side yard of not
less than three feet and a rear yard of not less than three feet;
The minimum separation between mobile homes or between a mobile
home and a building shall be as follows: from side to side, ten feet; from side to rear, eight feet;
from rear to rear, six feet;
Notwithstanding the separation requirement, a private garage may be
located immediately adjacent to a mobile home if the interior of the garage wall adjacent to the
mobile home is constructed of materials approved for one-hour fire resistive construction. If
there are openings in the mobile home wall adjacent to the garage wall, a minimum of three feet
5.
6.
7.
8.
9.
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separation shall be maintained between the mobile home and a private garage which does not
meet the requirements for one-hour fire resistive construction;
Private garages shall maintain a minimum side yard and rear yard of not
less than three feet;
Carports/awnings must be constructed of noncombustible materials and may be constructed to the lot line provided there is a minimum of three feet clearance from a
mobile home or any other structures on the adjacent lots;
A maximum of two storage cabinets shall be permitted on each mobile
home lot. The aggregate floor area of the cabinets shall not exceed one hundred square feet
nor shall the height of the cabinets exceed ten feet. Storage cabinets may be located on a lot
line or adjacent to a mobile home or mobile home accessory building or structure or beneath an
awning or carport; provided, that it does not obstruct the required exiting or openings for light
and ventilation of a mobile home or a cabana, or prevent service or inspection of mobile home
equipment and utility connections or encroach within a designated open space area;
Expansion or alteration of buildings which are nonconforming by reason
of inadequate yards shall comply with Section 21.48.090. Miscellaneous accessory structures
such as lath houses, greenhouses, storage buildings (greater than one hundred square feet in
floor area), etc., may be erected on a mobile home lot, provided they are located a minimum of
six feet from any mobile home, outside any required yard and the occupied area of a lot does
not exceed seventy-five percent of the lot;
14. When used for access to a parking facility, a side yard shall be wide
enough for a ten foot wide unobstructed driveway. All such side yard driveways shall be paved
with cement or asphaltic concrete;
15. Window awnings, not including structures, may project not more than four
feet into any front yard and the following features may be erected or project into any required
yard:
IO.
1 I.
12.
13.
a.
b.
C. Mail boxes;
The area of the mobile home and all mobile home accessory structures
shall not cover more than seventy-five percent of the mobile home site;
Each mobile home site shall include a paved area suitable for providing
automobile shelter with space for at least two automobiles. Recreation and laundry areas
combined shall have sufficient parking facilities to accommodate one automobile for every five
mobile home sites up to fifty lots and one space for each ten lots thereafter;
Mobile home park streets shall be provided in such a pattern as to
provide convenient traffic circulation within the mobile home park. Such streets shall be built to
the following standards:
a. No roadway shall be less than thirty four feet in width;
b. There shall be concrete curbs on each side of the streets;
c. The mobile home park streets shall be paved according to
d. Mobile home park streets shall be lighted in accordance with the
Visitor parking shall be provided at a ratio of one space per four mobile
The city council may permit decentralization of the recreational facilities in
Vegetation, including trees, shrubs and other plants;
Necessary appurtenances for utility service;
16.
17.
18.
standards established by the city engineer;
standards established by the city engineer;
19.
home units. On-street parking may be counted towards meeting this requirement;
20.
accordance with principles of good planning;
21. Utilities.
a.
b.
All utilities shall be underground; and
Television reception shall be by means of cable television or one
antenna or several common antennae if the size or configuration of the mobile home park
requires more than one. Individual TV antennas on a coach shall be prohibited;
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22. Common trash-bin enclosures shall be provided. They shall be of
masonry construction and compatible with the mobile home park;
23. Service buildings and facilities shall be strategically located throughout
the park for convenient access from mobile homes. No service building shall be closer than
twenty feet to any property adjacent to the mobile home park;
24. Mobile home parks shall be enclosed by solid masonry fences, six feet in
height, subject to planning director approval, along dedicated street frontages and interior
property lines; and
25. All new mobile homes shall bear a valid insignia of approval issued by the
State Department of Housing and Community Development. (Ord. NS-602 § 4, 2001: Ord. NS-
24 § 1, 1988; Ord. 9804 5 4, 1986; Ord. 9782 5 1, 1985; Ord. 1256 § 7 (part), 1982; Ord. 9564 §
2 (part), 1980)
21.37.1 10 Removal of Mobile Home Park Zone.
A. The removal of the mobile home park zone shall be accomplished according to
the procedure for change of zone established by Chapter 21 52 of this code.
B. No change of zone shall be approved unless the city council, after
recommendation of the planning commission, finds:
That the change of zone is consistent with the housing element;
That for the property used for a mobile home park, the applicant has
provided notice of termination of tenancy required by the California Civil Code Section 798.56 (f)
and that all requirements of the Civil Code regarding termination of tenancy will be met;
That for property used for a mobile home park, a plan satisfactory to the
city council to mitigate the impact on residents of the park has been prepared. Such plan shall
include a phase-out schedule which establishes a timetable for the change of use and shall
include an assistance plan, including programs to aid residents who will be displaced by the
change of use in locating and securing new residences. Such aid may include financial
assistance. The following factors shall guide the council in approving or disapproving the plan:
a. The age of the mobile home park,
b. The number of low income individuals or households needing
assistance for relocation, and
c. The availability of relocation housing, sites for mobile home
relocation, or both, having reasonably equivalent amenities, within the North County area within
fifteen miles of the Pacific Ocean.
In making decisions pursuant to this section, the council shall consider the effect
of the decision on the housing needs of the community and balance those needs against the
public service needs of the residents and available fiscal and environmental resources. (Ord.
9564 § 2 (part), 1980
1.
2.
3.
C.
21.37.1 20 Conversion. "Conversion" means a use of the mobile home park for a purpose other than the
rental, or the holding out for rent, of two or more mobile home sites to accommodate mobile
homes used for human habitation. A conversion may affect an entire park or any portion thereof.
"Conversion" includes, but is not limited to, a change of the park or any portion thereof to a
condominium, stock cooperative, planned unit development, or any form of ownership wherein
spaces within the park are to be sold. "Conversion" does not include a change in the use of the
property requiring a change of zone.
No conversion shall be allowed unless a mobile home permit has been approved
by the city council pursuant to Chapter 21.37, except that existing mobile home parks may be
exempt from the development standards identified in this chapter pursuant to Section
21.37.030. In processing the mobile home park permit for existing mobile home parks found not
to be subject to the development standards of this chapter, the planning commission and city
council may add reasonable conditions to the permit. Applications for conversions of existing
A.
B.
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mobile home parks may be made by property owners, or by the residents with property owner
concurrence.
No conversion permit shall be issued unless the city council finds:
I. That the notice required by California Civil Code Section 798.56(f) has
been or will be given;
2. Each of the tenants of the proposed condominium, stock cooperative
project, planned unit development or other form of ownership has been or will be given notice of
an exclusive right to contract for the purchase of their respective site or mobile home lot upon
the same terms and conditions that such site will be initially offered to the general public or
terms more favorable to the tenant. The right shall run for a period of not less than one hundred
eighty days from the date of issuance of the subdivision public report pursuant to Section
11018.2 of the Business and Professions Code, unless the tenant gives prior written notice of
his intention not to exercise the right; and
3. That the conversion is consistent with the general plan; a specific finding
of consistency with the housing element shall be made.
Following recordation of a certificate of compliance, or conditional certificate of
compliance, ownerdtenants of mobile homes on any unpurchased remaining interest shall not
be economically displaced for a period of one year from the date of recordation. A rent increase
may be levied during this year provided the increase is equal to or less than the average annual
rent increase levied during the previous three years.
As a condition of the waiver of tentative map pursuant to Section 21.37.130, the
owner of the unpurchased remaining interest shall have a relocation plan approved by the city
council for those tenants who choose to relocate their mobile homes. The relocation plan shall
also provide assistance for residents who are renting a coach in the park who will be displaced
by the purchase of their space. The following factors shall guide the council in approving or
disapproving the plan:
The age and condition of the mobile home units;
The number of low-income individuals or households needing assistance
for relocation;
The availability of relocation housing, sites for mobile home relocation, or
both, having reasonably equivalent amenities, within the North County area within fifteen miles
of the Pacific Ocean; and 4. The necessity for financial assistance for relocation.
Conditions, covenants and restrictions (CC&Rs) for any conversion shall be
submitted to the planning director for approval prior to final map, or final action and the CC&Rs
shall provide for the periodic maintenance of the exteriors of the mobile homes. The conditions,
covenants and restrictions cannot be altered or dissolved without written city approval. (Ord.
9836 §§ 2-4, 1987; Ord. 9684, 1983; Ord. 9564 3 2 (part), 1980)
C.
D.
E.
1.
2.
3.
F.
21.37.130
A. Other provisions of this chapter notwithstanding, the city council may, by
resolution, waive the requirement for a tentative and final map for a single parcel subdivision for
the conversion of an existing mobile home park to condominiums. Prior to granting such a
waiver, the city council shall make the following findings:
This waiver shall be granted only to conversion of existing mobile home
parks on a single parcel;
A petition, requesting the conversion, shall be signed by the property
owner and at least two-thirds of the residents of the mobile home park and shall be submitted to
the planning director;
The proposed subdivision shall not result in the economic displacement
from the subject mobile home park of tenantdowners on remaining unpurchased interests
located within the subject mobile home park unless the owner complies with Section
21.37.120(e);
Waiver of Tentative and Final Map for Mobile Home Park Conversions.
1.
2.
3.
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4. A mobile home park permit shall be concurrently approved by the city
council with the granting of this waiver. Even though a project may be deemed exempt, the
permit application shall include an analysis of conformance with present development; and
The subdivision shall comply with such requirements then in effect as
may have been established by the Subdivision Map Act or this chapter pertaining to area,
improvement and design, floodwater drainage control, appropriate improved public roads,
sanitary disposal facilities, water supply availability, environmental protection, and other
requirements of the Subdivision Map Act or this chapter.
The subdivider requesting a waiver as provided for in this section shall make
application therefore on such forms as may be provided for by the planning director.
Upon the grant of a waiver as provided for under this section, the city engineer
shall prepare a certificate of compliance or conditional certificate of compliance, as appropriate,
for recordation in the office of the county recorder for the purpose of documenting the approval
of the subdivision. The city engineer shall not record or release for recordation a conditional
certificate of compliance prepared pursuant to this section unless and until the owner or owners
of the property to be subdivided have entered into an agreement with the city to provide for the
satisfactory completion of all conditions of the certificate of compliance and shall have provided
improvement security, as appropriate, as provided for in Chapter 5 of the Subdivision Map Act.
(Ord. 9836 6,1987)
5.
B.
C.
SECTION 16: That Section 21.38.025 of the Carlsbad Municipal Code is
amended to read as follows:
21.38.025 Second dwellinq units.
Second dwelling units are permitted according to the provisions of Section 21.10.030 of
this title in areas designated by a master plan for single-family detached dwellings. For second
dwelling units proposed on standard lots (minimum seven thousand five hundred square feet in
area) which are developed with detached single-family residences, the development standards
of Chapter 21.10 shall apply. For second dwelling units proposed on substandard lots (less than
seven thousand five hundred square feet in area) which are developed with detached single-
family residences, the development standards of Chapter 21.45 shall apply. (Ord. NS-663 § 11,
2003: Ord. NS-283 6, 1994)
SECTION 17: That Section 21.45.010 of the Carlsbad Municipal Code is
amended to read as follows:
21.45.010 Intent and DurDose.
The purpose of the planned development ordinance is to:
A.
B.
Recognize the need for a diversity of housing and product types;
Provide a method for clustered property development that recognizes that the
impacts of environmentally and topographically constrained land preclude the full development
of a site as a standard single-family subdivision;
Establish a process to approve the following: separate ownership of dwelling
units with lots or exclusive use areas of less than seven thousand five hundred square feet in
size or as otherwise allowed by the underlying zone; condominium ownership in multiple-unit
buildings; and conversion of existing, residential development to condominiums; Allow the development of small-lot subdivisions in existing R-1 neighborhoods
when the proposed site is contiguous to a higher intensity land use or an existing project of
comparable or higher density;
C.
D.
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Zone Single-family Two-Family
Detached Dwelling Dwelling
R- 1 X (1) (5) x (2) (5)
R-3 X X
RD-M X X
R-2 x (5) x (5)
E. Allow the development of small-lot subdivisions, two-family and multiple-family
dwellings, on existing R-I zoned properties when the project site contains sensitive biological
resources as identified in the Carlsbad Habitat Management Plan;
Permit the development of small-lot subdivisions in multi-family zones (except
when the multiple-family zone implements the RH land use designation) as an alternative
product type to attached dwelling units; and
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. (Ord. NS-612 3 1 (part),
F.
G..
2001)
Multiple
Dwelling
(5) (6)
X
X
x (2) (5)
SECTION 18: That Section 21.45.040 of the Carlsbad Municipal Code is
R-W N/A
P-c (3) X
Accessory X
Uses (4)
amended to read as follows:
X X
X X
X X
21.45.040 Permitted zones and uses.
Permitted Zones. The planning director, planning commission or city council may
approve a permit for a planned development in the R-I, R-2, R-3, RD-M, R-W and P-C
residential zones or combination of zones subject to the requirements of this chapter. When
approved, a planned development permit shall become the zoning regulations applicable to the
subject property.
B. Permitted Uses. In addition to any principal use, accessory use, transitional use
or conditional use permitted in the underlying zone, planned developments that are proposed in
the following residential zones may include the following residential uses listed in Table A,
Permitted Residential Uses, below.
A.
sensitive biological resources as identified in the Carlsbad Habitat Management
Plan.
Only permitted when: 1) the proposed project site is contiguous to a lot or lots zoned
R-3, R-T, R-P, C-I, 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; or, 2) the
project site contains sensitive biological resources as identified in the Carlsbad
Habitat Management Plan.
Permitted uses shall be consistent with the master plan.
Refer to Table F for specific uses.
"Housing for senior citizens" is not permitted in R-I and R-2 zones.
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Second Must comply
Dwelling with all
Units development
standards of
Sections
21 .I 0.030 and
21.45.070.
(6) Only permitted when the project site contains sensitive biological resources as
identified in the Carlsbad Habitat Management Plan.
See (2), (3).
SECTION 19: That the “minimum lot size or exclusive use area” row in Table D
of Section 21.45.070 of the Carlsbad Municipal Code is amended to read as follows:
Minimum Lot Size or
Exclusive Use Area
1. Single-family: 5,000 square feet; except that lots sizes less than
5,000 square feet to a minimum lot size of 3,500 square feel
may be used when the site has a general plan designation ol
RMH and when unique circumstances such as one of the
following exists:
a. The project is for lower income or seniors 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 commutei
railhransit center, commercial center or employment center.
2. Two-family: 3,750 square feet when developed as a twin home
7,500 square feet when developed as a duplex.
SECTION 20: That the “second dwelling units” row in Table F of Sectior
21.45.090 of the Carlsbad Municipal Code is amended to read as follows:
SF Building
SECTION 21: That the findings of the Planning Commission as set forth ir
Planning Commission Resolution No. 5651 constitute the findings of the City Council.
SECTION 22: That any development application, excluding preliminary
applications, submitted to the City prior to the effective date of this ordinance shall not be
subject to the amended provisions of this ordinance.
Ill
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Ill
Ill
Ill
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EFFECTIVE DATE: This ordinance shall become effective thirty (30) days after
its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be
published at least once in a publication of general circulation in the City of Carlsbad within
fifteen days after its adoption. (Not withstanding the preceding, this ordinance shall not become
effective within the City’s Coastal Zone until LCPA 03-72 is approved by the California Coastal
Commission.)
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
Council on the 21st day of September 2004, and thereafter.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the 28th day of September 2004, by the following vote, to wit:
AYES: Council Members Lewis, Finilla, Kulchin, Hall and Packard.
NOES: None
ABSENT: None
ABSTAIN: None
PRO ED AS TO FORM AN :
RONALD R. BALL, City Attorney
LORRAIN M. WOOD, City Clerk ’\
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