HomeMy WebLinkAbout1974-03-19; City Council; 2251-3; Open Space Zoning Ordinancesr>, """" V'. ' C 1 T Y r~ F CARLSBAD, - C A L J F'.O R X I 'A
BUI Vo . tZJLS/- ^ &^^$&£Z/~irj5 Date: March 19, 1974
Referred To: City Council
: - Submitted By:
OPEN SPACE ZONING ORDINANCES PLANNING DEPARTMENT
'Statement of. the Matter
The Planning Commission, at its regularly scheduled meeting of February 26, 1974,
did make recommendation to the City Council for the adoption of the following Open
Space Zoning Ordinances: •
1. Exclusive Anricultural Zone District
2. Open Space Zone District
• . 3. Floodplain Overlay Zone District
• . 4. Scenic Preservation Overlay Zone District
The subject ordinances will replace, in content and application, the Interim Open
Space Ordinance adonted by the City Council on December 28, 1973.
The Ordinances as constructed, meet the goals and objectives of the Open Space
and Conservation Element as well as the requirements of State law requiring Open
Space and Conservation implementation.
Exhibit
1. Staff report dated February 13, 1974
2. Comparison Matrices (2)
3. Planning Commission Resolution 1048 with exhibits A.B.C.&D. attached.
4. Ordinance No. 9384, establishing the E-/\Exclusive Agricultural Zone
5. Ordinance No. 9385, establishing the 0-S Open Space Zone.
staff Recommenda ti ons to City Manager:
Staff recommends adoption of the ordinances . '
Date: _jMarch 19, 1974
City Manager's Recommendation
Concur with staff recommendations.
The attached ordinances as a time saving consideration
have been forwarded to the City Council in their draft
form. If the City Council views these measures with
favor, your action is to direct the City Attorney to
place them in final ordinance form for return to the
Council for action.
Counci1'Action .
3-19-74 The public hearings on the Exclusive Agricultural Zone, Open
Space Zone, Floodplain Overlay Zonfand Scenic Preservation
Overlay Zone-.Districts, were continued to an adjourned meeting
to be held at 3:00 P.M. on March 26, 1974.
3-26-74 Following discussion Ordinance #9383 - re: Floodplain Overlay
Zone; Ordinance #9385 - re: establishing Open Space Zone; and
Ordinance #9386 - re: Scenic Preservation Overlay Zone were
Introduced and given a first reading by title only. Ordinance
#9384 - re: Exclusive Agricultural Zone was referred back to
the staff for further report.
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'MEMORANDUM -
February 13, 1974
TO: . PLANNING COMMISSION
FROM: PLANNING DEPARTMENT
SUBJECT: OPEN SPACE ZONING ORDINANCES
The purpose of this memo Is to summarize the four attached Open Space Zoning
Ordinances under consideration at tonight's meeting. Each is written in
City Council Ordinance format and, if appropriate, each would be approved by
Planning Commission Resolution (title only) recommending adoption to the City
Council. All have been noticed in the newspaper and each one has been declared
to have a non-significant impact on the environment.
None of the ordinances apply at this time to any specific properties. This will
have to be done at a later time according to the procedures established in Title
21 pertaining to zone changes (notice to property owners, public notice in
newspaper, legal description of affected properties, etc).
EXCLUSIVE AGRICULTURAL ZONE • ' ' . "'
The City, at this time, does not have a zone district that applies solely to
agricultural uses. The R-A (Residential Agricultural) zone is basically a
transitional zone between straight agricultural uses and straight residential
uses. There are many references in State law to exclusive agricultural zones
and staff feels there is a need for such a zone in the City's Zoning Ordinance.
Primarily, this •zone would be_o£ti_onal tj) J:h£jirj^r^
%City, at some later JaTeT^ayJJwis.h..to impose thij^zone on proj^rJi&s.-that.-are
i Je^ tTfTelTlTs^ 1 ands.. .,-.-,.,—-
The structure of the ordinance is as follows:
Sections: 21.07.010 - Intent and Purpose • .
21.07.020 - Principal Uses and Structures Permitted
21.07.030 - Accessory Uses and Structures Permitted
21.07.050 - Uses and Structures Permitted by Conditional
Use Permit, Subject to Approval of Planning
Commission
21.07.070 - Development Standards
The key points of this Ordinance are: . • .
1. Permitted uses are aimed directly at agricultural uses.
Residences are classed as an accessory use.
2. Some uses, such as hay and feed stores, nurseries, packing
plants, etc., permitted by Conditional Use Permit, are rather-
intense, however, staff feels they i~ay be necessary in certain
instances to make the overall agricultural use of the land ;
feasible.
3. The minimum lot area in the E-A Zone is 10 acres. Based on
its investigation, staff has determined that this is the minimum
area required to make the zone viable.
4. The minimum lot width is three hundred (300) feet. This
figure corresponds to the minimum lot area.
5. The zone provides for a height limit of up to fifty (50)
feet in certain instances. .
6. Lot coverage is set at a maximum of twenty-five (25) percent
of the total lot area.
OPEN SPACE ZONE .,, ..... .-..". ,. ,.•-,• • .... . : ;,
The primary purpose, of Jhis JMiimnc£4.&«4^~e*^
t£__pjub_V[cJy owned land that provides open space, xgcreational, and_cLiltural
a me n i t i e s_to_th e Community. It is felt that this zone could also be applied
to certain" privaTeTy-o'wlTea lands that contain some form of open space
easement or land that is designated for public dedication at time of c'escretion-
ary approval.
The structure of the ordinance is as follows:
Sections: 21.09.010 - Intent and Purpose
21.09.020 ~ Principal Uses and Structures Permitted
•--,;.. 21.09.030 - Accessory Uses and Structures Permitted
21.09.050 - Uses and Structures Permitted by Conditional
Use Permit, subject to Approval of the •
Planning Commission . .
. • ' '21.09.070- Development Standards ' ; • : - .
The key points of this Ordinance afe: . ...••".;. :. . .• ;:: .
1. A fairly comprehensive list of permitted "uses, either
. permitted outright or by Conditional Use Permit, is included.
• ' . 2. 'The development standards pertaining to yards, heights and
signs give the Director of Planning "the right of review and approval.
FLOODPLAIN OVERLAY ZONE . ' ' " '". '
The City, at this time, does not have any "overlay zones" in their Zoning
Ordinance. The Floodplain Overlay Zone and the Scenic Preservation Overlay
Zone, if adopted, will be the first.
An overlay district is a zoning district in which certain regulatory standards
are superimposed upon an existing basic use district without changing the
applicability of the underlying district regulations. The regulations
for an overlay district are usually described separately from the basic
district designations both in the text of the zoning ordinance and on a map
where the boundaries of the ove.rlay district. can be shown.
The noojlj3ljyjT_Ov££lay Zone would bp applied to thgjse jreas of jhe _C.it^_th.a_LJhe
QormcTl , based on engineering stnrllqs, Hofprrngjias. arp .subject to ppr-)'pH{r
fJ_ogjTng_ajnd^ i n u nd at iciru The-.priniary intent;_pf_thjs^
~Tt is TTso necessary to. have this kTnd~oOone ,in order for
"n floocMTsjranc.e.
The structure of the Ordinance is as follows: • .
Sections: 21.39.010 - Intent and Purpose •
21.39.020 - Application
21.39.030 - Definitions
21.39.040 - Permitted Uses and Structures ' . ".
21.39.050 - Development Standards
'21.39.060 - Permit' Procedures.
The key points of this Ordinance are: . . :
1. The Overlay Zone establishes additional regul actions tp,thase
established in the underlying zane. Certain uses permitted in the
underlying zone are exempted from 'these additional requirements.
2. It is expected that this zone v/iTMje applied to the defined
...Ru^San Ma rcos__Creek_..a_nd pqsjsijb ly , to Las_ Enc i nas Cr ee k .
/HTjlCfEIse areas,- with the exception of Las Encinas Creek, have
been identified in studies done_by the U. S. Army^Corgs^of Engineers.
3. Any kind of use permitted in the underlying zone is permitted in
the overlay zone if they are exempted or if they comply with the
additional regulations. •
4. Any use permitted in the underlying zonejhat isjjoj: ..... exeniB
i§_Te<?-VJ'jl?^ to obtain" a specTal use permit. The granting of this
specTal use permit will be based. on the findings of the Plaining
Commission as to whether the proposed use or development complies
with the stated intent and standards expressed in the Ordinance.
6. Procedures are establijshecMn regards to applications for a
Special Use Permit aricT "tITe "necessary. XaJ^
SCENIC PRESERVATION OVERLAY ZONE
The primary purpose of this zone is to establish development standards within
designated areas of outstanding scenic, historic -or cultural value. Basically, it
was'intended to -apply to designated scenic corridors (r'oads) but was expanded to
include other areas the City may deem worthy of scenic preservation.
The structure of the Ordinance is as follows:
Sections: 21.37.010 - Intent and Purpose
'21.37.020 - Application •
21.37.040 - Permitted Uses and Structures .
21.37.050 - Development Standards
21.37.060 - Permit Procedures
The key points of this Ordinance are: .
1. Areas to be included within the Scenic Preservation Overlay
Zone shall be established only after thorough .investigation and
development of a Specific Plan.
2. Once the SP Zone is applied, uses permitted in the underlying zone'
will be permitted with the granting of a special use permit, unless the
use is exempted from the requirements of the overlay zone.
• 3. This ordinance provides general provisions for sign control, under-
grounding of utilities, setbacks, yard requirements, height limits,
building, bulk and spacing requirements and landscaping. Specific re-
quirements will have to be developed as part of each Specific Plan.
This is because the standards will probably be different in each de-
.signated area. •
4. Scenic preservation areas can be imposed because of the area's .
widespread interest to many segments of the population or because of
its uniqueness or rareness even though it may be valued by only a
narrow interest group.
Once again, the action necessary for approving all, or some of these Ordinances
would be to approve a Planning Commission Resolution (Title Only) recommending
approval to the City Council. You could use any of the "Whereas" as your findings,
or any others you may deem appropriate. : . '
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PLANNING COMMISSION RESOLUTION 1048
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A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF CARLSBAD, RECOMMENDING TO THE CITY COUNCIL THE
ADOPTION OF AN AMENDMENT TO TITLE 21 OF THE MUNICIPAL
CODE, TO INCLUDE A FLOODPLAIN OVERLAY ZONE DISTRICT,
EXCLUSIVE AGRICULTURAL ZONE DISTRICT, OPEN SPACE ZONE
DISTRICT AND A SCENIC PRESERVATION OVERLAY ZONE DISTRICT.
WHEREAS, on February 13, 1974 the Planning Commission of the City
of Carlsbad, California, did hold a duly noticed Public Hearing, and continued
said Public Hearing to February 26, 1974; and,
WHEREAS, on February 26, 1974 the Planning Commission did hold a Public
Hearing to consider an amendment to Title 21 of the Carlsbad Municipal Code
by adding a Floodplain Overlay Zone District, Exclusive Agricultural Zone
District, Open Space Zone District and a Scenic Preservation Overlay Zone
ofstrict, attached hereto as Exhibits "A", "B", "C", & "D"; and,
WHEREAS, the Planning Commission, upon hearing all testimony and
arguements, if any, from all persons wishing to speak, did find the following
facts and reasons to exist which make the adoption of the attached Exhibits
necessary to carry out the provisions and general purpose of Title 21 and the
adopted Open Space and Conservation Element of the City of Carlsbad:
1. The flood hazard areas of Carlsbad, California, are
. subject to periodic inundation which, if these areas v/ere
developed, would result in loss of life and property, health
and safety hazards, disruption of commerce and governmental
services, extraordinary public expenditures for flood protection
and impairment of the tax base, all of which adversely affect
the public health, safety and general welfare.
(Exhibit "A").
2. To create a zone district which provides for exclusive
agricultural uses wherever feasible in an urban environment.
(Exhibit "B").
3. It is in the public interest to create a zone district
which provides for open space and recreational uses in an urban
environment.
(Exhibit "C").
4. There are areas of outstanding scenic, historic and
cultural value in the City of Carlsbad worthy of preservation.
(Exhibit "D").
5. The proposed amendments would replace the Interim Open
Space Ordinance, and meet the Goals and Policies as established
by the Open Space Element.
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•NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of
the City of Carlsbad, California, does hereby recommend to the City Council,
the adoption of the attached Exhibits, for the reasons stated herein.
PASSED, APPROVED AND ADOPTED by the'Planning Commission of the
City of Carlsbad, at their regular meeting held on the 26th day of
February, 1974, by the following vote, to wit:
AYES: Commissioners Casler, Forman, Jose, Little, Wrench & Dominguez
NOES: None
ABSENT: None
MARY CASLER,
Chairman
ATTEST:
DONALD A. A6ATEP,
Secretary
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EXHIBIT "A1
(1)
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CITY COUNCIL ''ORDINANCE' NO.
A'N ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, AMENDING
TITLE 21 OF THE MUNICIPAL CODE BY ESTAB-
LISHING THE FP.FLOODPLAIN OVERLAY ZONE
DISTRICT.
CASE NO. ZCA-54 ' :
WHEREAS, the flood hazard areas of Carlsbad, California
are subject to periodic inundation which, if these areas
were developed, would result in loss of life and^ property,
health and safety hazards, disruption of commerce and •
governmental services, extraordinary public expenditures for
flood protection and relief, and impairment of the tax base
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all of which adversely affect the public health, safety and
geaeral welfare, and; ' • •
WHEREAS, flood losses are caused by the cumulative
affect of obstructions in floodplains causing increases in
flood freights and velocities, and by the" occupancy of flood '
hazard areas 6y uses vulnerable to floods or hazardous to
other la,nds which, are inadequately elevated or otherwise
protected, from flood damages, and;
k'KEREAS', pursuant to the provisions of Title 21 of the
Carlsbad Municipal Code, the City Planning Commission did hold
a duly noticed public hearing to consider this amendment, and;
VI.HEREAS, the City .Planning Commission has made certain
findings and has recommended that the City Council of the Cfty
of Carlsbad enact said Amendment into lav/, and;
WHEREAS, the City Council of the City of Carlsbad has, by
Resolution No. .adopted said findings as their own and
expressed their intent to amend the lav/ in accordance
therewith., and; •
WHEREAS, it has been determined that this Amendment
will not have a significant impact on the enviornment and,
• . . (2)
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required; •— , —
NOW, THEREFORE, THE CITY COUNCIL OF The City of Carlsbad
does ordain that Title 21 of the Carlsbad Municipal Code is
hereby amended by adding thereto a new.Chapter to be numbered
21.39, to read as follows:
CHAPTER 21.39
.-FP Floodplain Overlay Zone
Sections:
• ' 21.39.010 Intent and Purpose " •
21.39.020 Application • .
21.39.030 Definitions
21.39.040 Permitted Uses and Structures
2,1.39.050 Development Standards
21.32.060 Permit Procedures
'Section 21.39.010 Intent and Purpose.
~*
TFie intent and purpose of the FP Floodplain Overlay
Zone 1s:
To supplement the underlying zoning by providing additional
regulations for development within designated floodplain areas
to protect, the public health, safety and welfare.
To reduce the financial burden on the City and its
inhabitants and property owners by minimizing potential flood
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Hazards and by eliminating or reducing the need for the
construction of flood control facilities that would be
required if unplanned and scattered development were permitted.
To restrict or prohibit uses that could be dangerous -to
health or property in time of flood or cause excessive
increases in flood heights or velocities.
To require that uses vulnerable to floods be protected at
time of initial development.
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To clearly designate those areas of the City that could be
adversely affected during time of flood.
To preserve a natural channel or open area wherever feasible
to carry abnormal flows of water at time of flood.
To implement the goals and objectives of the General Plan.
' • To recognize floodplain areas as open space resources
and encourage compatible open space uses wherever possible.
Section 21.39.020 Application. . "
The FP Floodplain Overlay Zone shall be applied in'a
uniform manner to those areas within the City of Carslbad which,
in -the opinion of the City Council, after consideration of
documented and factual data based upon flood experience or
engineering studies, are subject to flooding and inundation.
The boundaries of this zone shall be established by the
procedures designated in Chapter 21.52 of the Carlsbad Municipal
Code. When only a portion of a parcel of land lies within
the designated floodplain, the provisions of this Chapter
shall apply only to' that portion lying within said floodplain
boundaries.
Section 21.39.030 Definitions.
For the purposes of this Chapter, the following definitions
shall apply:
' 21.39.030.01 Flood. "Flood" means any temporary rise in.
stream flow or water surface level that could result in adverse
effects within the .floodplain, including but not limited to
damages from the overflow of floodwaters on land, temporary
backwater in local drainage channels, storm drains or sewers, bank
erosion or channel diversions, unsanitary conditions, or other
conditions of nuisance resul-ting from deposition of materials
within or adjacent to watercourses, rise of groundwater coinci-
dent with the rise in stream flow, and the d.isruption of traffic
circulation resulting from stream or watercourse overflow.
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2 1.3 9. 030'. 02 Design Flood. "Design Flood" means that
flood against which protection is to be provided by means of
flood protective or flood control works. When a flood control
project survey. has been authorized, the design flood will be
that established by the cognizant agency. In all other cases,
the design flood shall be of one hundred (100) year recurrence
-interval or the Standard Project Flood, whichever is determined
applicable by the City of Carlsbad. ^ .
21.39.030.03 Flood plain, "Floodplain" means the land area
adjacent to a watercourse which is subject to the inundation of
f loodwaters expected during a design flood.
- 21.39.030.04 Floo'dway. "Floodway" means the channel of a
stream or other watercourse and that part of the floodplain
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reasonably required for passage of a flood of given magnitude.
'21.39.030.05 Standard Project Flood. "Standards Project
Flood" means the largest flood that can be expected from the -most
s.e.yere. co.mEina.tion of meteorological and hydrological conditions
cons.tde.rad reasonably characteristic of the geographical region
involved. Such a flood provides a reasonable upper limit to be
considered in designing flood control works and in delineating
floodplain limits and shall be generally applicable where its
occurrence would have a high probability of hazard to human life.
' 21.39.030.06 100-Year Flood. "100-Year Flood" means the
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highest level of flooding that has an average frequency of*
occurrence in the order of one in 100 years at a designated
location, considering regional meteorological and hydrological
conditions characteristic of the geographical region involved,
This also means that level of flooding having a one percent
probabi 1 i ty of occurrence in any year. The 100-year flood
represents a major flood, although it is less severe .than the
Standard Project Flood. ' .
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(5) 33
21 .39.030 .07 Floodproofi ng. "Floodproofing" means any
combination of structural and nonstruc-tural additions, changes,
or adjustments to properties and structures which reduce or
eliminate flood damage to lands, water and sanitary facilities,
s'tructures and contents of buildings.
2\.39.030.08 Gross Floor Area.
"Gross Floor Area" means the total horizontal area, in
square feet, including the exterior walls of all floors "of a
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structure.
' 21 .'39.030.09 Floor Area Ratio. "Floor Area Ratio" means
tjie numerical value obtained by dividing the gross floor area
of a building or buildings located upon a lot or parcel of land
by the total area of such lot or parcel of land.
Section 21.39.040 Permitted Uses and Structures.
In the FP Floodplain Overlay Zone, only the following uses
and structures are permitted as hereinafter specifically provided
and allowed subject to the provisions of Chapters 21.40 and 21.44
governing development standards:
Any principal use, accessory use, transitional use or
conditional use permitted in the underlying zone,
subject to the same conditions and restrictions applicable
in such underlying zone and to all of the requirements
of this Chapter.
Section 21.39.050 Development Standards.
No use shall be. permitted in the FP Floodplain Overlay Zone
that does not conform to the following specific standards:
21.39.050.01 Permits Required. No permit or entitlement
shall be issued for any use; development or alteration within
the FP Floodplain Overlay Zone unless the Planning'Commission,
with the advice of the City Engineer, determines such use,
development or alteration will not adversely affect or unduly
hinder, restrict or alter the water-carrying capacity of the
floodplain. All other proposed uses and
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g special use j>ermit as provided for in this Chapter.
5 • 21.39.t^0.02 Exceptions. Notwithstanding the provisions of
4 Section 21.39.050.01.hereof, the following administrative permits
5 discretionary permits, and acts are excepted'from the provisions
5 of this Chapter: • •
7 a. Issuance of a grading permit for the following:
8 (1) A legally established borrow pit.
g (2) To prepare a site to be used exclusively for
10 • growing agricultural plants or animals.
11 (3) The establishment of any use listed in subsections
12 . b and c hereof.
13 b. Issuance of a building permit for the following:
14 (1) Accessory buildings and structures appurtenant to
15 a conforming use.
16 (2) Addition to a conforming main building or structure
17 * or internal or external alteration thereof which
18 does not increase the ground coverage thereof
19 - by more than 25 percent or 500 square feet.
20 (3) Reconstruction in the same location with increased
21 ground coverage as-limited by subsection b(2),
22 .above, of a conforming use, building or structure
23 destroyed by fire, explosion, or other casualty,
24 . or act of God, or the public enemy, and normal
25 maintainance of a conforming use, building or
26 structure. .
27 ("4) The establishment of any use listed in subsection
28 c hereof.
29 c. Commencing to use land for the following purposes or uses
30 when such purposes or uses are permitted by the zone
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(7)
1 ' (1) Cultivation and growing 'of agri.cul tural crops,
2 'grazing of animals, growing of nursery stock, sod
5 farming and wild crops harvesting.
4 (2) Public 'and private open space, archery ranges,
5 picnic grounds, parks, wildlife and nature pre-
6 . serves, game farms, hunting and fishing areas,
7 ' hiking and horseback riding trails.
8 (3) Motor vehicle parking spaces and-areas, loading
9 and unloading, outdoor storage of materials or
10 equipment accessory to a conforming use. . .
11 (4) Uses accessory to an existing conforming use.
12 ' (5) Conforming -temporary uses, such as, but not
13 " • limited to, seasonal uses not involving any
14 . significant investment in buildings or structures.
15 (6) Changing the use of an existing building from one
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16 use to another where such change of use does not
17 involve construction, alteration or grading other
18 than that permitted in this section.
19 '21.39.050.03 _N e cess a ry Finding s'. Prior to the granting of
20 a special use permit, as provided for in this Chapter, evidence
21 shall be presented and accepted showing that the proposed use,
22 - development' or alteration would be consistent with the orderly,
23 efficient and balanced development of the floodplain area and
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24 would be consistent with the goals and objectives of the
25 General Plan. When juding this evidence, the following relevant
26 factors shall be considered:
27 a. Danger to life and property due to increased flood
28 heights or velocities caused by encroachments.
29 b. Danger that materials may be swept on to other lands or
30 . downstream to the injury of others. . '.
31 c. Proposed water supply and sanitation systems and the
32 ability of these systems to prevent disease, contamina-
(8)
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tion and unsanitary conditions.
d. Susceptibility of the proposed use or facility and its
contents to flood damage and the effect of such
• damage- on the individual owner.
e. Importance of the services provided by the proposed
use or facility to the community.
f. Availability of alternative locations not subject to
flooding for .the proposed use. ' . .
g. Compatibility of the proposed use or facility with
existing development and development anticipated in
the foreseeable future.
h. Relationship of the proposed use or facility to
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applicable General Plans and flood plain management
program for the area.
i. Accessibility to the property in times of flood for
ordinary and emergency vehicles.
j. The expected heights, velocity, duration, rate of rise
and sediment transport of the floodwaters expected
at the site,
k. Such other factors which are relevant to the purposes
of this Chapter and to the individual case.
. 21 .39.050.04 Flood Control Faci1ities. No drainage or
flood control structure or facility shall be placed, erected,-
constructed, reconstructed, altered or enlarged within a floodway
provided, however, that the existing flood control structures
or facilities may be repaired and maintained.
The following facilities may be placed, erected, constructed,
reconstructed, altered or enlarged in a floodway:
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a. Grass-lined or similarly vegetated flood control channels
either of excavated or diked section, or levees, including
groins of a temporary nature to protect the same.
b. Dams and reservoirs designed primarily for water conservation,
recreation' or debris control.
c. Erosion control works, such as, but not limited to: retards,
gro.ins, jetties, vegetated, stone, rock, or sacked concrete
revetment, rock and wire mattress, pipe and wire fence, precast
cribbing, drop structures, check dams, grade stabilizers and
rock sills, and removal of debris from watercourses.
d. Ground water replenishment works, such as, but not limited
to:. diversion dams, perc9lation beds, spreading grounds and
injection wells.
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e. Any similar drainage or flood control structure or facility
which the City Engineer ; determines would not
unduly accelerate or increase the flow of water so as.to create
a condition which would be detrimental to the health or safety
of persons or property. ' " -'..'•
Sectton 21.39.060 Permit Procedures. '
Any use, development or alteration within the FP Floodplain
Overlay Zone, not exempted by Sections 21.39.050.01 or
32.39..050.0? of this Chapter, shall obtain a special use permit
according to the follow'ing procedures:
21.'39.060.01 Appl i cat ion Form. The Director: "of Plannfng
shall prescribe the form in which special permit applications
pursuant to this Chapter shall be made. He may prepare and
provide blanks for such purpose and may prescribe the type of
information to be submitted. No application shall be accepted
unless it complies with such requirements.'
21.39.060.02 Filing Fees. The filing fees for a Special
Use Permit shall be'the same as the fee.required for a
Conditional Use Permit provided, however, that there shall be no
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'additional fee when the application for a Special Use Permit
is to be considered concurrent with another discretionary
permit.
21.39.060.03 Information to Accompany Permit Application.
An application for a Special Use Permit shall be
accompanied by five copies of the following except as otherwise
specified: •
a. Plot plan of the property involved, showing proposed
grading, structure (s), or use;
B. Legal description of the property involved; ~
c. Description of the proposed use of the property unless .
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such, can be sufficiently described on the application
form; • -
" d. Environmental Impact Assessment (one copy only);
e. Environmental Impact Report (20 copies) if required'; and
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f. Any other maps, plans, information and data-that the
Director of Planning or City Engineer may deem .
appropriate.
' '2T.'39.. 060.04 Report of City Engineer. Upon receiving an
application for a Special Use Permit pursuant to the provisions
21 | of this Chapter, the Director of" Planning shall forthwith trans-
22 I • "it t a complete copy of the application to the City Engineer.
City Engineer shall review the application and submit a report
to the Director of Planning concerning the following:
a. The extent of flood hazard at the site of the proposed
Spextal Use Permit. • " "... '
B;. Whether the property subject to the application is
clearly and wholly within the floodplain; or
c. Whether the applicant is required to furnish such of
the following information as may be deemed necessary in order to
determine the flood protection elevation and to evaluate other
factors as may be necessary in order to render a decision on
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EXHIBIT "B1
CITY COUNCIL ORDINANCE NO.'- '
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF CARLSBAD, CALIFORNIA,
AMENDING TITLE 21 OF THE CITY OF
CARLSBAD MUNICIPAL'CODE OF ESTAB- '
LISHING THE E-A, EXCLUSIVE AGRICULTURAL
' ZONE DISTRICT
CASE NO. ZCA-55
KHEREAS, it is in the public interest to create a zone
district v.rh.ich provides for exclusive agricultural uses
wherever feasible in an urban environment* and;
WHEREAS» agricultural activities are considered to be an
esteemed part of the character of Carlsbad, and;
WHEREAS, pursuant to the provisions of Title 21 of the
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Carlsbad Municipal Code, the City Plannin.g Commission did,
at a duly noticed public hearing, consider the establishment
of an exclusive agricultural zo"ne, and; '
WHEREAS, the City Council of the City of Carlsbad has,
by Resolution No. , adopted the findings of the
Planning Commission as their own and expressed their intent
to amend Title 21 of the Carlsbad Municipal Code in accordance
therewith, and;
WHEREAS, it has been determined that this amendment will not
have a significant impact on the environment and, therefore,
no further environmental considerations will be required;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CARLSBAD
does ordain that Title 21 of the Carlsbad Municipal Code is
hereby amended by adding thereto a new Chapter to be numbered
21.07, to read as follows:
(2)
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CHAPTER 21.07
E-A EXCLUSIVE AGRICULTURAL ZONE
Sections: 21.07.010 Intent and Purpose.
- 21.07.020 Principal Uses and Structures Permitted.
21.07.030 Accessory Uses and Structures Permitted.
21.07.050 Uses and Structures Permitted by
Conditional Use Permit Subject to
Approval of Planning Commission.
21.07.070 Development Standards.
Section 21.07.010 Intent and Purpose. The intent and
purpose of the E-A Zone District is:
To provide for those uses, such as agriculture, which are '
customarily conducted in areas which are not yet appropriate
or suited for urban development.
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To protect and encourage agricultural uses wherever feasible,
To implement the goals and objectives of the
General Plan.
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To recognize that agricultural activities are an esteemed
part of the ongoing character of Carlsbad. . .. -
To help assure the continuation of a healthy,
agricultural. economy in appropriate areas.
Section 21.07.020 Principal Uses and Structure's Permitted.
In the E-A Zone District, only the following uses and struc-
tures are permitted as hereinafter specifically provided and
allowed subject to the provisions of Chapters 21.40 and 21.44
governing development standards:
Cattle, sheep, goat and swine production, provided that
the number of any one or combination of said animals shall not
exceed one animal per half (1/2) acre of lot area.
Crop production.
Floriculture.
Greenhouses, provided land coverage shall not exceed fifty
(50) percent.
Horses, private use.
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Nursery crop production,
Poultry, rabbits, chinchillas-t hamsters and other small
animals, provided not more than twenty-five (25) of any one
or combination thereof shall be kept on any lot or parcel
of.land.
Roadside stand for display and sale of products produced
on the same premises, .provided that the floor area shall not
exceed two hundred (200) square feet and is located not nearer
than (20) feet to any street or highway.
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Tree farms. " '
Truck farms. •
Wildlife refuges and game preserves.
Other uses or enterprises similar.to the above customarily
carried on in the field of general agriculture.
Section 21.07.030 Accessory Uses and Structures Permitted,
The following accessory uses and structures are permitted:
Accessory uses, and the following accessory .buildings-and
. structures: private garages, children's playhouses,
radio and television receiving antennaes, windmills,
silos, tank houses, shops, barns,'offices, coops, lath
houses, stables, pens, corrals, and other similar accessory
uses and structures required for the conduct of the
permitted uses. ,
Dogs, cats and other domestic pets, provided not more than
four (4) dogs or four (4) cats older than six (6) months
or any combination thereof shall be kept on any lot or
parcel of land. •
Farmhouse, single-family dwelling. • ':
Guesthouse.
.Home occupation. ' •
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DectIon 21.07.050 Uses and Structures Permitted by
Conditional Use Permit, Subject toApproval of Planning
Commission.
Subject to the provisions of Chapter 21.50, the following
uses and structures shall only be permitted by Conditional
Use Permit and approved by the Planning Commission only if
adjoining land-uses are transitional in nature:
Apiary, provided that all hives or boxes housing faees shall
be placed at least four hundred (400) feet from any street,
school, park, "R" Zone, or from any dwelling or place- of human
habitation other than that occupied by the owner or caretaker
of the apiary. • .
Aviaries. - " •
Poultry, rabbits, chinchillas, hamsters and other small
animals in excess of the number specified in Section 21.07.020.
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Farm employee housing for persons working on site, provided
the number of units shall not exceed two (2) per gross acre of
land area and no such housing is located closer than fifty (50)
feet from any lot line.
Grange halls, community halls and other similar uses
incidental to the promotion and development of agriculture.
Hay and feed stores. . .
Nurseries, retail.
Packing or processing plants for farm crops provided no
such plant is located closer than fifty (50) feet to any
lot line.
Public works projects.
Sanitary land-fills, temporary.
Stables and riding academies, public.
Utility facilities.
Section 21 .07.070 Development Standards
Subject to the general development standards of Chapter
21.40 and 21.44, no lot shall be created or structure constructed
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in the E-A Zone District that- do riot "conform to the following
specific standards:
21.07.070.01 Lot Area. Minimum
The minimum required area of a lot in the E-A Zone District
shall conform to the area expressed in acres of not less than •
the number following the zoning symbol on the official zoning
map, except that in no event shall a lot be created into
less than ten (10) acres in area.
Example: E-A-15 shall mean fifteen. (15)
acre minimum lot required. •
21.07.070.02 Lot Width. Minimum.
Every lot hereafter created shall maintain a minimum width
- at the rear line of the required front yard of not less than
three hundred (300) feet. ' . • -
21.07.070.03 Front Yard. " '
•No building or structure, except as otherwise provided
by this Chapter, shall be erected or placed less than forty
(40) feet from the front lot line.
21.07.070.04 Side Yards.
Every lot and building site shall have a side yard on
each side of the lot or building site, and each side yard,
ex-cept as otherwise provided by this Chapter, shall be not
less than fifteen (15) feet in width.
21.07.070.05 Rear Yard. ' . .
Every lot and building site, except as otherwise provided
by this Chapter, shall have a rear yard not less than
twenty-five (25) feet in depth. . . .
21.07.070.06 Building Height. ...
No building uses for dwelling purposes, wherever located, and
no building or structure used for other than dwelling purposes
and located less than one hundred (100) feet from any property
line shall exceed two (2) stories "or thirty-five (35) feet
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in height, v;hichever is the lesser. .Mo building or structure
used.for other than,dwelling purposes and located one hundred
(100) feet or more from any property line shall exceed fifty
(50) feet in height.
21.07.070.07 Lot Coverage. • . •.
Lot coverage with buildings and structures in the E-A Zone
District shall not exceed twenty-five (25) percent of the
total lot area.
EXHIBIT ."C"
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CITY COUNCIL ORDINANCE NO,
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF CARLSBAD, CALIFORNIA,
AMENDING TITLE 21 OF THE CARLSBAD
MUNICIPAL CODE BY'ESTABLISHING THE
0-S, OPEN SPACE ZONE DISTRICT
ZONE CODE AMENDMENT NO. 57
WHEREAS, it is in the.public interest to create a zone
district which provides for open space and recreational uses
in an urban environment, and; .
WHEREAS, open space and recreational considerations are
necessary in planning the orderly growth of the community, and;
WHEREAS, pursuant to the provisions of Title 21 of the
•*Carlsbad Municipal Code, the City Planning Commission did,
at a duly noticed public hearing, consider the establishment
of an open space zone,.and;
WHEREAS, the City Planning Commission has made ceVtain
findings and has recommended that the City Council of the
City of Carlsbad enact said zone district into lav/, and;
WHEREAS, the City Council of the City of Carlsbad has, by
Resolution Mo. ___» adopted the findings of the
Planning Commission as their own arid expressed their interest
to amend Title 21 of the Carlsbad Municipal Code.in accordance
therewith, and;
WHEREAS, it has been determined that this amendment will
not have a significant impact on the environment and, therefore,
no further environmental considerations will be required;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CARLSBAD
does ordain, that Title 21 of the Carlsbad Municipal Code is
hereby amended by adding thereto a new Chapter^to be numbered
21.09, to read as follows:
(2}
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CHAPTER 21.09
0-S OPEN SPACE ZONE
Sections: 21.09.010 Intent'and Purpose
21.09.020 Principal Uses and Structures Permitted
• -21.09.030 Accessory Uses and Structures Permitted
21.09.050 Uses and Structures Permitted by
Conditional Use Permit Subject to
Approval of Planning Commission
21.09.070 Development Standards
Section 21.09.010 Intent and Purpose.
The intent and purpose of the 0-S Zone District is:
To provide for open space and recreational uses which
have been deemed necessary for the aesthetically attractive and
orderly growth, of the Community.
To protect and encourage said uses v/herever feasible.
To be used in conjunction with publicly-owned property
utilized as parks, open space, recreation areas, civic centers
and other public facilities of a similar nature and for
To designate high priority resource areas at time of
development that, when combined, would -create a logical and
comprehensive open space system for the community.
To implement the goals and objectives of the General
Plan.
Section 21.09.020 Principal Uses and Structures Permitted.
In the 0-S Zone District, only the following uses and
structures are permitted as hereinafter specifically provided
and allowed subject to the provisions of Chapters 21.40 and
21.44 governing development standards:
Beaches and Shoreline Recreation, public
Bicycle Paths • "
Golf Courses
Horse TraiIs
Open Space Easements
Parks, Public
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Picnic Areas
Palygrounds
Public Access Easement, non-vehicular
Public Lands
Scenic Easements
Slope Easements
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Swimming Pools
Tennis Courts
Transportation"Right-of-ways
Vista Points
Section 21.09.030 Accessory Uses and Structures Permitted
In the 0-S Zone District, only the following accessory
uses and structures are permitted:
Accessory uses, and the following accessory buildings
and structures: public restrooms, clubhouses, parking
areas, Bar-B-Q and fire pit.s, playground equipment,
stairways, patios, changing rooms, pool filtering
equipment, fencing and other similar accessory uses
and structures required for the conduct of the permitted
uses. « .
Section 21.09.050 Uses and Structures Permitted by Cond'i-tional
Use Permit, Subject to Approval of Planning
Commission
Subject'to the provisions of Chapter 21.50, the following
uses and structures shall only be permitted by Conditional
Use Permit and approved by the Planning Commission:
Group or Organized Camps
Marinas '
Playfields and Athletic Fields, including Courts
Public Facilities, structures
Recreational Campgrounds • » ".
Stables and Riding Academies, public
Utility Facilities, structures or easements
Other related cultural, entertainment, and recreational
d.
activities and facilities
(5)
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Section 21.09.070 Devel opment Standards.
Subject to the general development standards of Chapters -
21.40 and 21.44, no lot shall be created or structure con-
structed in the 0-S Zon'e District-that do not conform to the
following specific standards:
21.09.070.01 Lot Area, .Minimum.
There shall be no minimum lot area established for the
0-S Zone District!. The size of the lot shaU be
dependent upon the existing or proposed use.
21.09.070.02 Yards.
All structures erected in the 0-S Zone District shall
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be located as determined by the Director of Planning.
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The determination shall be based upon such things as
safe sight-distance, adjoining land uses, aesthetics,
and other similar considerations normally used when
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establishing yard requirements in other zone districts.
21.09.070.03 Building Height.
No building or structure in the 0-S Zone District shall
exceed thirty-five (35) feet in height unless a higher
elevation is approved by a Conditional Use 'Permit issued
by the Planning Commission. • '
'21.09.070.04.' 'Signs •
All signs located in the 0-S Zone District shall be subject
to the approval of the Director of Planning; Size, copy»
design and location should be compatible with the use
of the land and the purpose and intent of this zone.
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-_. EXHIBIT "D"
CITY COUHCIl, ORDINANCE HO.
AN ORDINANCE OF THE CITY COUNCIL OF THE
' ' . CITY OF CARLSBAD,
CALIFORNIA, AMENDING TITLE 21 OF THE
MUNICIPAL CODE BY ESTABLISHING THE SP
SCENIC PRESERVATION OVERLAY ZONE DISTRICT.
CASE NO. ZCA-58
' WHEREAS, there are areas of outstanding scenic, historic
and cultural value in the City of Carlsbad worthy of
preservation, and; . * -
WHEREAS, these areas help give the community its identity
and character, and;
• WHEREAS, pursuant to the provisions of Title 21 of the•
Carlsbad Municipal Code, the City Planning Commission did hold a
duty noticed public hearing to consider this amendment, and;
WHEREAS, the City planning Commission has made certain
findings and has recommenced that the City Council of the City
of Carlsbad enact said Amendment into lav/, and;
trH.E.REAS, the City Council of the City of Carlsbad has, by
Resolution No'. "_____»adopted said findings as their own and
expressed their intent to amend the lav/ in accordance therewith,
and;
WHEREAS, it has been determined that this Amendment will
not have a significant impact on the environment 'a.nd.therefore*
no furtKer environmental consideration will be required;*
NOW, THEREFORE, THE CITY COUNCIL of the City of Carlsbad
does ordain that Title 21 of the Carlsbad Municipal Code is
hereby amended by adding thereto a new Chapter to be numbered
21.37, to read as follows: '
CHAPTER 21.37 .
-SP Scenic Preservation Overlay Zone
Sections:
21.37.010 Intent and Purpose
21.37.020 Application
C2I
21.37.040 Permitted JUses and Structures '
21.37.050 Devleopment Standards
21.37.060 Permit Procedures
Section 21.37.010. Intent and Purpose.
The intent and purpose of the SP Scenic Preservation Overlay
Zone is:
To supplement the underlying zoning by providing additional
8 regulations for development within designated areas to preserve
g or enhance outstanding views, flora and geology, or other unique
10 natural attributes and historical and cultural resources.
11 To provide regulations in areas which possess outstanding
•12 scenic qualities or would create buffers between incompatible
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13 land-uses which enhance the appearance of the environment and
14 contribute to community pride and community prestige.
15 To preserve those areas of the City that provide unique
16 and special open space functions.
17 To implement the goals and objectives of the Genera.l
18 Plan.
19 Section 21.37.020 Application.
20 The SP Scenic Preservation Overlay Zone s'hall be applied in
21 a uniform manner to those areas within the City of Carlsbad
22 which, in the opinion of the City Council, after-consideration
23 of a Specific Plan for each area, are worthy of preservation
24 because of their outstanding views, flora and geology, or
25 other unique natural attributes and historical and cultural
26 resources. The boundaries of this zone-shall be established
27 by the procedures designated in Chapter 21.52 of the Carlsbad
28 Municipal Code. When only a portion of a parcel of land lies
29 within the designated scenic overlay, the provisions of this
30 Chapter shall apply only to that portion lying within 'said
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scenic overlay boundaries.
Section-21.37.040 Permitted Uses and Structures.
In the SP Scenic Preservation Overlay Zone, - only the
following uses and structures are permitted as hereinafter
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specifically provided and allowed subject to the provisions of
Chapters 21.40 and 21.44 governing development standards:
" Any principal use, accessory use,
transitional use or conditional use
permitted in the underlying zone,
• . subject to the same conditions and
restrictions applicable in such under-
lying zone and to all of the require-
ments of. this Chapter.
Section 21 .37 .050 D eve 1 o pme n t S t a n d a r d s .
No use shall be permitted in the SP Scenic Preservation
Overlay Zone that does no't 'conform to the following specific
standards: . " ' -
21.37.050.01 Permits Required. Ho permit. or entjtl ement ;
shall~.be issued for any use, development or alteration within
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the SP Scenic Preservation Overlay Zone unless the proposed use
involves no structures and the Director of Planning determines
such use will not adversely affect the scenic.historic or
cultural q-ualities of the property. All other proposed uses
and structures permitted in this zone shall be required to
obtain a special use permit as provided for in this Chapter.
' 21. '37. '050. 02 Exceptions. Notwithstanding the provisions
of Section 21.37.050.01 hereof, the issuance of building
permits for the following uses are excepted from .the provisions
of tfits Chapter:
a. Development of one single- family dwelling unit on a
parcel of record at the time of adoption of this
Chapter. • • . ' •
b'. Minor modification or alteration of existing
structures or buildings which involves new. land
coverage of less than two hundred (200) square
feet and does not increase the height of the existing
. structure.
c. The repair or reconstruction of an existing non-con-
forming structure that is destroyed by fire or other
4 disaster to.no more than fifty (50) percent of the
5 structure's original floor area.
21.37.050.03 Necessary Findings. Prior to the granting
of a special use permit, as provided for in this Chapter, evi--
8 dence shall be presented and accepted showing that the proposed
use, development or alteration would be consistent with the
10 intent and purpose of this Chapter, and with the goals and
11 objectives of the General Plan and applicable Specific Plans.
•12 When judging this evidence, the following relevant factors
13 shall be considered, as well as the more specific standards as
14 established in the Specific Plan:
15 a. When the SP Scenic, Preservation Overlay Zone
16 is applied to protect something worth look-ing at, i.e.
17 a landmark, a Civic Center, a mountain, or an area
18 bounding the main entrance to the City, the develop-
19 " ment standards of the proposed use should deal with
20 preserving the integrity of that amenity.
21 b. When the SP Scenic Preservation Overlay Zone is
22 applied to an area from which there is an outstanding
23 view, i'.e'. a scenic corridor, the development standards
24 of the proposed use should deal with maintaining those
25 . views as much as possible:
26 (1) Hillsides, hilltops, valleys, beaches, lagoons
and lakes that provide visual and physical relief,
27 in the form of natural contrast, to the City.
28 (2) Open Space areas which assist in defining
neighborhood, district and City-identity .
29 ...... .,•..•••....•.:.-..•..; .
(3) Unique topographical features or'natural rock
30 • outcroppings and other notable landmarks.
31 (4) Areas of significant historical value.
321 (5) Prime vista sites.
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(6) Scenic and historical corridors,
d. Specific development standards which may apply
areas within the SP Scenic Preservation Overlay Zone
Should be based on the following factors:
(1) Sign Control - restrictions on size, content,
design and location.
(2) Underground UtlVities - requiring the under-
grounding of utilities when said action is
necessary to carry out the intent and purpose
of this Chapter.
(5)
1 (3) Landscaping - proscribing landscaping requirements
2 ' and review of plans.
3 (4) Architectural Treatment - establishing acceptable
4 architectural motifs and review of plans.
5 (5) Setbacks - establishment of deeper setbacks when
6 necessary to maintain scenic corridor.
7 (6) Side Yards - establishment of wider side yards
8 when providing views through the property.
9 (7) Height Limitations - setting maximum height.
10 limits in order to maximize views from beyond.
11 (8) Building Bulk --restrictions on maximum bulk of
12 buildings to break up solid facade.
13 (9) Spacing of Buildings - requiring off-set spacing
14 of buildings to maximize a prime vista point.
1 *15 (10) Other Conditions - any other regulation, condition,
16 program or proposed legislation permitted by
•17 the provisions of State lav/ pertaining to
18 " - Specific Plans necessary to. protect the scenic
• . -resources of the community.
19 ' Section 21.37.060 Permit Procedures.
20 Any use, development or alteration within the SP Scenici
21 Preservation Overlay Zone, not exempted by Sections 21.37.050.01
22 or 21.37.050.02 of this Chapter, shall obtain a special use
23 permit according to the following procedures:
' 24 ' '21."37.060.01 Application Form. The Director of Planning
25 shall prescribe the form in which special permit applications
26 pursuant to this Chapter shall be made. He may prepare and
27 provide blanks for such purpose and may prescribe the type of '
28 information to be submitted. No application shall be accepted
29 unless it complies with' such requirements. *-
SO ' 21.37.060.02 Filing pecs. The filing fees for a Special
31 Use Permit shall be the same as the fee required for a
32 Conditional Use Permit provided, however, that there shall be no
(6)
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additional.fee when-the application for a Special Use Permit is
to be considere. concurrent with another disc^ .onary permit.
?.I..37.060.03 Information to Accompany Permit Appl icatior;.
An appliclation for a Special Use Permit shall be
accompanied by five copies of the following except as otherwise
specified:
a. Plot plan of the property involved, showing proposed
grading, structure (s), or use;
b. Legal description of the property involved;
c. Description of the proposed use of the property unless
such can be sufficiently described on the appliclation
form;
d. Environmental Impact Assessment (one copy only);
e. Environmental Impact Report (20 copies) if required;
and •'•'•' " .
- f. -Any other maps, plans, information and data that the
.Director of Planning may deem appropriate.
21.37.060.04 Transmittal to the Planning Commission.
Any application for a Special Use Permit"pursuant to this
Chapter, shall be filed with the Director of Planning who shall
transmit the application and recommendation thereon to the
Planning,Commission as hereinafter specified:
(1) When the application for a Special Use.Permit is
relative to a discretionary permit, the Special Use
Permit application and recommendation thereon shall
be transmitted to the Planning Commission in accordance
with the time limitations applicable to processing
the discretionary permit, and will be considered by
the Planning Commission concurrent with the considera-^
tion of the discretionary permit.
(2) When the application for a Special Use Permit is not
relative to a discretionary permit, the Specific Use
(7)
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Permit application and recommendation thereon shall
be transmitted to the Planning Commission and
considered independently when*all necessary reports and
processing-have been completed.
Nothwithstanding the other provisions of this Chapter,
• , an application for a Special Use Permit shall not be
considered accepted for .processing until a negative
declaration has-been filed thereon or a draft Environ-
mental Impact Report has been accepted by the Director
of Planning. In any case, the matter need not be
. . advertised nor need a public hearing be held by the
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Planning Commission,'but the applicant shall be
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notified by the Director of Planning.of the date and
place at which the" Commission will consider the
matter at least seven days prior to the date on which
the Planning Commission shall consider the matter.
21.37.060.05 Announcements of Findings and Decision by
Resolution. Not more than twenty days following the termination
of the proceedings on a Special Use Permit, the Planning
Commission shall announce its findings by formal resolution.
and the resolution shall recite, among other things, the facts
* • •
and reasons which in the opinion of the Planning Commission,
make the approval, conditional approval, or denial of the
Special Use Permit necessary to carry out the provisions and
general purpose of this Chapter, and shall order that
the Special Use Permit be granted or denied, and if such
resolution orders that the Special Use Permit be granted, it
shall also recite such conditions and limitations as the
Commission may impose. . •
21.37.060.06 Effective Date of Order and Appeal 'Process.
The order of the Planning Commission in granting or,
denying a Special Use Permit shall become final and effective
(8)
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ten days after the rendering of its decision granting or denying
the Special Use Permit unless within such ten-day period an appeal
in writing is filed with the City Clerk by either an applicant
or an opponent. The filing of such appeal within such time
limit, shall stay the effective date of the order of the
Planning Commission until such time as the City Council has
acted on the appeal as specified by Sections 21.50.110,
21.50.120, 21.50.130,' 21:50.140, 21.50.150 and 21.50160 of
this Title. . . • .
(11)
1 the suitability of the particular site for the proposed use.
2 If such additional information is deemed necessary, then
3 transmittal of the matter to the Planning Commission shall be
4 extended to a time mutually agreeable to the applicant and the
5 Director of Planning to allow the applicant to prepare said
6 information.
7 (1) Map of the vicinity of the property involved drawn
8 to scale showing the location of existing^structures, fill,
9 and flood control or floodproofing improvements; the
10 location of the property involved; topographic contours or.
IX elevations; location of the lines demarking the limits of
12 the floodplain and flo'odway; and significant vegetation
13 " and soil types.
14 - • (2) Detailed plan view of the property involved
15 showing th.e location and ground elevation of existing and
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16 proposed structures, fill, flood control or floqdproofing
17 Improvements, roads and utilities; existing and proposed
18 ground contours and elevations; and existing and proposed
19 'significant vegetation and soil 'types.
20 (.3) Typical valley cross-section whi-ch passes through
21 - ttte property Involved showing the stream channel, elevation
22 . • of land areas to each side of the channel, location of the
23 floodway and •floodplain, location and elevation of
24 existing and proposed improvements, and high water level
25 Information.
26 (4) Profile showing the slope- of the bottom of the
27 - channel or flow line of the stream.
28 (5) Specifications for proposed improvements including
29 type of construction and materials, flood control or flood-
30 '• proofing measures, filling, dredging, grading, channel
31 modification, storage of materials or equipment, and
32 utilities. .
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(6) Such other information and data as may be deemed
necessary in order to properly evaluate and make a decision
on the proposal set forth in the Special Use Permit
Application.
21.39.06.0.05 Transmittal to the Planning Commission.
Any application for a Special Use Permit pursuant to this
Chapter, shall be filed with the Director of Planning who shall .
transmit the application and recommendation thereon to the
Planning Commission as hereinafter specified:
(1) When application for a Special Use Permit is relativ.e
to a discretionary permit, the Special Use Permit
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application and recommendation thereon shall be trans-
mitted to the Planning Commission in accordance with
the time limitations applicable to processing the
discretionary permit, and will be considered by the
Planning Commission concurrent with the consideration
of the discretionary permit. .-
Vihen the application for a Special Use Permit is not
relative to a discretionary permit, the Special Use.
Permit application and recommendation thereon shall
Be transmitted to the "Pla-nning Commission and
considered independently when all necessary reports
and processing has been completed.
Notwithstanding the other provisions-of this Chapter,
an application for a Special Use Permit shall not be
considered accepted for processing until a negative
declaration has been filed thereon or a draft Environ-
mental Impact Report has been accepted by the Director
of Planning. In any case, the matter need not be
advertised nor need a public hearing be held by the
Planning Commission, but 'the applicant shall be
notified by the Director of Planning of the date and
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place at which the Commission will consider the
matter at least seven days prior to the date on which
the Planning Commission shall consider the matter.
21.39.060.06 Announcements of Findings and Decision by
Resolution. Mot more than twenty days following the termination
of the proceedings on a Special Use Permit, the Planning Commiss-
ion shall announce its findings by formal resolution, and the
resolution shall recite, among other things, the facts and
reasons which, in the opinion of the Planning Commission, make
the approval .conditional approval, or denial of the Special Use
Permit necessary to carry out the provisions and general purpose
of this Chapter, and shall-order that the Special Use Permit
be granted or denied, and if such resolution orders that the
Special Use Permit be granted, it shall also recite such
conditions and limitations as the Commission may impose.
'21.'39.060.01 Effective Date of Order and Appeal Process.
Th.a order of the Planning Commission in granting or denying a
Specia.1 Use Permit shall become final and effective ten days
after the rendering of its decision granting or denying the
Special Use Permit unless within such ten-day period an appeal
in writing' is filed with the City C.lerk by either an applicant
o.r an opponent. The filing of such appeal within such time
li.mtt sh.a.11 stay the effective date of the order of the Planning
Commission until such time as the City Council _has acted on the
appeal as specified by Sections 21.50.110, 21.50.120, 21.50.130,
21.50.140, 21.5.0.150 and 21.50.160 of this Title.
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"21.06.020 Degree of restrictiveness, 'More restrictive
(1) Those uses first permitted in the R-1 zone are the
(2) All other uses are less restrictive in the order
uses' as employed in this title mean the following:
most restrictive;
they are first permitted in the zones in the sequence shown R-2, R-3,R-T, R-P, C-1, C-2, C-M and M;
considered to be as restrictive as those permitted in the R-1 zone, except that those uses pertaining to animals shall not be
considered as 'more restrictive uses' for purposes of this section;
(4) to be as restrictive as those permitted in the R-1 zone.''
SECTION 2: That Title 21 of the Municipal Code is amended
(3) Uses permitted in the R-A zone and E-A zone shall be
Uses permitted in the R-3L zone shall be considered
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9384
OUNCI
ORDINANCE NO.
AN ORDINANCE OF THE CITY F THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 21 OF THE MUNICIPAL CODE BY THE AMENDMENT OF SECTIONS 21.06.010 AND
21.06.020 AND BY THE ADDITION OF CHAPTER
21.07 TO ESTABLISH THE E-A EXCLUSIVE AGRICULTUWL ZONE.
The City Council of the City of Carlsbad, California,
3oes ordain as follows:
SECTION 1: That Title 21, Chapter 21.06 is amended by
the amendment of Sections 21.06.010 and 21,06.020 to read as
follows:
"21.06.010 Names of zones. In order to classify, regu- late, restrict and segregate the uses of land and buildings, to regulate and restrict the height and bulk of buildings and to
regulate the area of yards and other open spaces about buildings,
and to regulate the density of population, nineteen classes of
zones are by this title established to be known as follows:
E-A - Exclusive Agricultural Zone R-A - Residential Agricultural Zone R-1 - One-family Residential Zone R- 2 - Two-family Residential Zone
R-3L - Limited Multiple-family Residential Zone R- 3 - Multiple-family Residential Zone R-P - Residential-Professional Zone R-T - Residential Tourist Zone R-W - Residential Water Way Zone
RD-M - Residential Density-Multiple Zone c-1 - Neighborhood Commercial Zone c-2 - General Commercial Zone C-M - Heavy Commercial-Limited Industrial Zone F-P - Floodplain Overlay Zone M - Industrial Zone
P-M - Planned Industrial Zone
P-u - Public Utility Zone
P-c - Planned Community Zone
L-c - Limited Control Zone"
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by the addition of Chapter 21.07 to read as follows:
"Chapter 21.07
E-A EXCLUSIVE AGRICULTURAL ZONE
Sections:
21.07 e 010
21.07-020
21.07.030
21,07.040
21.07,050
21,07.060
21.07.070
21.07.080
21.07.090
21.07.100
21.07.110
Intent and purpose. Permitted uses and structures.
Permitted accessory uses and structures.
Uses and structures permitted by conditional
use permit.
Lot area, minimum.
Lot width, minimum.
Front yard. Side yards. Rear yard.
Building height.
Lot coverage.
21.07.010 Intent and purpose. The intent and purpose of
(a) Provide for those uses, such as agriculture, which
the E-A zone district is to:
are customarily conducted in areas which are not yet appropriate or suited for urban development.
feasible.
Plan.
part of the ongoing character of Carlsbad.
tural economy in appropriate areas of Carlsbad.
(b) Protect and encourage agricultural uses wherever
(c) Implement the goals and objectives of the General
(d) Recognize that agricultural activities are a necessarl
(e) Help assure the continuation of a healthy, agricul-
21.07.020 Permitted uses and structures. In the E-A Exclusive Agricultural Zone only the following uses and structures are permitted subject to the requirements of this chapter and to
the development standards provided in Chapters 21.41 and 21.44. (a) Cattle, sheep, goats and swine production, provided
that the number of any one or combination of said animals shall
not exceed one animal per half-acre of lot area.
shall not be located within 50 feet of any habitable structure,
nor shall they be located within 300 feet of a habitable structure
on an adjoining parcel zoned for residential uses, nor shall they
be located within 100 feet of a parcel zoned for residential uses
when a habitable structure is not involved. In any event, the
distance from the parcel zoned for residential uses shall be the
greater of the distances so indicated.
Said animals
(b) Crop production. (c) Floriculture. (d) Greenhouses, provided land coverage shall not exceed
(e) Horses, private use. (f) Nursery crop production.
(9) Poultry, rabbits, chinchillas, hamsters and other
fifty percent.
small animals, provided not more than twenty-five of any one or combination thereof shall be kept within 50 feet of any habitable
structure, nor shall they be located within 300 feet of a habitabll structure on an adjoining parcel zoned for residential usesl nor shall they be located within 100 feet of a parcel zoned for resi- dential uses when a habitable structure is not involved. In any event, the distance from the parcel zoned for residential uses
shall be the greater of the distances so indicated.
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(h) Roadside stand for display and sale of products produced on the same premises, provided that the floor area shall
not exceed two hundred square feet and is located not nearer
than twenty feet to any street or highway.
(i) Tree farms. (j) Truck farms. (k) Wildlife refuges and game preserves. (1) Other uses or enterprises similar to the above custom- arily carried on in the field of general agriculture,
Section 21,07.030 Permitted accessory uses and structures, The following accessory uses and structures are'permitted on the
same terms as the permitted uses specified in Section 21,07.020:
including but not limited to private garages, children's play- houses, radio and television receiving antennaes, windmills,
silos, tank houses, shops, barns, offices, coops, lath houses,
tables, pens, corrals, and other similar accessory uses and
structures required for the conduct of the permitted uses,
than four dogs or four cats older than six months or any combina- tion thereof shall be kept on any lot or parcel of land.
(c) Farmhouse, single-family dwelling.
(d) Guesthouse.
(e) Rome occupation.
(a) Accessory uses and accessory buildings and structures,
(b) Dogs, cats and other domestic pets, provided not more
Section 21.07.040 Uses and structures permitted by condi- tional use permit. Subject to the provisions of Chapter 21.50,
the following uses and structures are permitted by conditional use
permit if adjoining land uses are transitional in nature:
(a) Apiary, provided that all hives or boxes housing bees shall be placed at least four hundred feet from any street, school, park, 'R' zone, or from any dwelling or place of human habitation other than that occupied by the owner or caretaker of the apiary. (b) Aviaries.
(c) Poultry, rabbits, chinchillas, hamsters and other
(d) Farm employee housing for persons working on site,
small animals in excess of the number specified in Section 21.07.02
provided the number of units shall not exceed two per gross acre of land area and no such housing is located closer than fifty feet from any lot line.
(e) Hay and feed stores. (f) Nurseries, retail and wholesale.
(9) Packing sheds or small processing plants for farm
crops, similar to those being grown on the premises, provided no
such processing plant is located within 50 feet of any lot line.
(h) Public works projects.
(i) Sanitary land-fills, temporary.
(j ) Stables and riding academies, public .)
(k) Utility facilities.
Section 21.07.050 Lot area, minimum. The minimum requirec area of a lot in the E-A zone district shall conform to the area expressed in acres of not less than the number following the zoninc symbol on the official zoning map, except that in no event shall a lot be created into less than ten acres in area.
Example: E-A-15 shall mean fifteen-acre minimum lot re- quired.
Section 21.07.060 Lot width, minimum. Every lot hereafter created in the E-A zone shall maintain a minimum width at the
rear line of the required front yard of not less than three hundrec
feet.
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21.07.4l,70 Front yard, No building or structure, except
is otherwise provided by this chapter, shall be erected or placed
Less than forty feet from the front lot line,
21.07.,080 Side yards. Every lot and building site shall
lave a side vard on each side of the lot or building site, and each
side yard, except as otherwise provided by this chapter, shall be
lot less than fifteen feet in width.
21,07,090 Rear yard. Every lot and building site, except
3s otherwise provided by this chapter, shall have a rear yard not
Less than twenty-five feet in depth,
21.07.100 Building height. No building uses for dwelling ?urposesI wherever located, and no building or structure used for
ither than dwelling purposes and located less than one hundred feet
Erom any property line shall exceed two stories or thirty-five Eeet in height, whichever is the lesser, A building or structure xed for other than dwelling purposes and located one hundred feet
3r more from any property line may exceed thirty-five feet in ieight pursuant to conditional use permit.
structures in the E-A zone district shall not exceed twenty-five ?ercent of the total lot area."
21.07.110 Lot coverage. Lot coverage with buildings and
EFFECTIVE DATE: This ordinance shall be effective thirty
lays after its adoption, and the City Clerk shall certify to the
3doption of this ordinance and cause it to be published at least
3nce in the Carlsbad Journal within fifteen days after its adoption
INTRODUCED AND FIRST READ at a regular meeting of
the Carlsbad City Council held on the 16th day of April I
1974, and thereafter PASSED AND ADOPTED at an ad$&ned reqular
meeting of said City Council held on the -___I 9th day of May
1974, by the following vote, to wit:
AYES : Councilmen Frazee, Chase, McComas and Lewis.
NOES : None
ABSENT : None
ATTEST :
MARGARET E. %DAMS, City Clerk By: NORA K. GARDINER, Deputy City Clerk
(SEAL)
4.
/
ORDINANCE NO. 9385
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AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, AMENDING
TITLE 21 .OF THE MUNICIPAL CODE BY TEE
AMENDMENT OF SECTIONS 21. 0.6 . 010 AND
21.06.020 AND BY THE ADDITION OF CHAPTER
21.33 TO ESTABLISH THE 0-S OPEN SPACE ZONE,
The City Council of the City of Carlsbad, California,
does ordain as follows:
SECTION 1; That Title 21, Chapter 21.06 is amended by
the amendment of Sections 21.06.010 and 21.06.020 to read as follows:
"21.06.010 Names of zones. In order to classify, regu-
late, restrict and segregate the uses of land and buildings, to
regulate and restrict the height and bulk of buildings and to
regulate the area of yards and other open spaces about buildings,
and to regulate the density of population, twenty classes of zones
are by this title established to be known as follows:
E-A - Exclusive Agricultural Zone
R-A - Residential Agricultural Zone
R-l - One-family Residential Zone
R-2 - Two-family Residential Zone
R-3L - Limited Multiple-family Residential Zone
R-3 - Multiple-family Residential Zone
R-P - Residential-Professional Zone
R-T - Residential Tourist Zone
R-W - Residential Water Way Zone
RD-M - Residential Density-Multiple Zone
C-l - Neighborhood Commercial Zone
C-2 - General Commercial Zone
C-M - Heavy Commercial-Limited Industrial Zone
F-P - Floodplain Overlay Zone
M - Industrial Zone
0-S - Open Space Zone
P-M - Planned Industrial Zone
P-U - Public Utility Zone
P-C - Planned Community Zone
L-C - Limited Control Zone"
"21.06.020 Degree of restrictiveness. 'More restrictive
uses' as employed in this title mean the following:
(1) Those uses first permitted in the R-l zone are the
most restrictive;
(2) All other uses are less restrictive in the order
they are first permitted in the zones in the sequence shown R-2,
R-3, R-T, R-P, C-l, C-2, C-M and M;
(3). Uses permitted in the R-A zone, the 0-S zone and the
E-A zone shall be considered to be as. restrictive as those per-
mitted in the R-l zone, except that those uses pertaining to ani-
mals shall not be considered as 'more restrictive uses' for pur-
poses of this section;
(4) Uses permitted in the R-3L zone shall be considered
to be as restrictive as those permitted in the R-l. zone."
SECTION 2: That Title 21 of the Municipal Code is amended
VINCENT F. BIONDO, JR.CITY ATTORNEY - CITY OF CARLSBAD1200 ELM AVENUECARLSBAD, CALIFORNIA 920081
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by the addition of Chapter 21.33 to read as follows:
"Chapter 21.33
O-S OPEN SPACE ZONE
Sections :
21.33.010 Intent and purpose.
21.33.020 Permitted uses and structures.
21.33.030 Permitted accessory uses and structures.
21.33.040 Uses and structures permitted by conditional use
permit.
21.33.050 Lot area, minimum.
21.33.060 Yards.
21.33.070 Building height.
21.33.080 Signs.
21.33.010 Intent and purpose. The intent and purpose of the
O-S zone is to:
(a) Provide for open space and recreational uses which have
been deemed necessary for the aesthetically attractive and orderly
growth of the community.
(b) Protect and encourage said uses wherever feasible.
(c) Be used in conjunction with publicly-owned property
utilized as parks, open space, recreation areas, civic centers
and other public facilities of a similar nature,
(d) Designate high priority resource areas at time of de-
velopment that, when combined, would create a logical and compre-
hensive open space system for the community.
(e) Implement the goals and objectives of the General Plan.
21.33.020 Permitted uses and structures. In the O-S Open
Space Zone only the following uses and structures are permitted
subject to the requirements of this chapter and to the develop-
ment standards provided in Chapters 21.41 and 21.44:
(a) Beaches and shoreline recreation, public;
(b) Bicycle paths;
(c) Horse trails;
(d) Open space easements;
(e) Parks, public;
(f) City picnic areas;
(g) City playgrounds;
(h) Public access easement, nonvehicula.r ;
(i) Public lands;
(j) Scenic easements;
(k) Slope easements;
(1) Transportation rights-of-way ;
(m) Vista points.
21.33.030 Permitted accessory uses and structures. The
following accessory uses and structures are permitted on the same
terms as the permitted uses specified in Section 21.33.020:
public restrooms, clubhouses, parking areas, bar-B-Q and fire
pits, playground equipment, stairways., patios, changing rooms,
pool filtering equipment, fencing and other similar accessory uses
and structures required for the conduct of the permitted uses.
21.33.040 Uses and structures permitted by conditional use
permit. Subject to the provisions of Chapter 21.50, the follow-
ing uses and structures are permitted by conditional use permit:
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(f)
(g)
(h)
(a) Group or organized camps;
(b) Marinas;
(c) Playfields and athletic fields, including courts;
(d) Public facilities, structures;
(e) Recreational campgrounds;
Stables and riding academies, public;
Utility facilities, structures or easements;
Other related cultural, entertainment and recreational
activities and facilities;
(i) Golf courses;
(j) Swimming pools;
(k) Tennis courts;
(1) Private playgrounds;
(m) Private picnic areas.
21.33.050 Lot area, minimum. There shall be no minimum lot
area established for the O-S zone district. The size of the lot
shall be dependent upon the existing or proposed use.
21.33.060 Building height. No building or structure in the
O-S zone district shall exceed thirty-five feet in height unless
a higher elevation is approved by a conditional use permit issued
by the Planning Commission.
EFFECTIVE DATE; This ordinance shall be effective thirty
days after its adoption, and the City Clerk shall certify to the
adoption of this ordinance and cause it to be published at least
once in the Carlsbad Journal within fifteen days after its adoption
INTRODUCED AND FIRST READ at a regular meeting of the
Carlsbad City Council held on the 2nd day of Apri 1 , 1974,
and thereafter PASSED AND ADOPTED at a regular meeting of
said City Council held on the 16th. day of April , 1974,
by the following vote, to wit:
AYES: Council men Frazee, McComas and Lewis
NOES: None
ABSENT: None
ABSTAINED: Councilman Chase
_
ROBERT C. FRAZEE ayor
ATTEST:
/MAR 'IftUeZ,
\m E. IADAMS, icity clerk
(SEAL)
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