HomeMy WebLinkAbout1977-12-06; City Council; 5179-1; Residential Estate Zone• ' /
,': / W CITY OF CARLSBAD
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' ' /} J -fc Initial:
AGENDA-BILL NO. ^/ J ?-. /(to&A/t+tu^E* / DepFrTid .
:•' • DECEMBER 6, 1977 City Atty XJ
DEPARTMENT: PLANNING City Mgr.
SUBJECT:
ZCA-86 RESIDENTIAL ESTATE ZONE
REQUEST:
At the request of some citizens, the City Council directed staff to prepare a
residential zone that would implement the low density category of the General
Plan and not require full public facilities.
On September 6, 1977" the City Council reviewed the draft ordinance prepared by
staff and directed the Planning Commission to hold hearings. The Planning
Commission held a hearing on October 26, 1977. The.ordinance was reviewed tho-
roughly section by section by the Planning Commission and interested citizens,
see staff report dated October 19, 1977.
The Planning Commission recommended approval of ZCA-86 with changes as explained
in the memorandum dated November 2, 1977. Staff concurs with the Planning
Commission's changes except for the following two: (1) Section 21.09.020(1) -
Where the Planning Commission deleted Staff's recommendation requiring a minimum
floor area for the dwelling unit of eighteen hundred square feet, and (2) Section
21.09.080(1) - Where the Planning Commission deleted Staff's recommendation of
prohibiting chain link fences.
ATTACHMENTS:
1. Planning Commission Resolution No. 1419, with attached Exhibit "B", dated
November 3, 1977.
2. Staff Report dated October 19, 1977, containing Staff's recommended ordinance
amendment'. • • .
3. Memorandum dated November 2, 1977, which shows Planning Commission changes.
RECOMMENDATION: • '
If City Council concurs with Planning Commission, they should direct the City
Attorney to prepare documents approving ZCA-86 as per Planning Commission
Resolution No. 1419. If the Council wishes to modify ZCA-86 per staff rec-
ommendation, they should send the matter back to Planning Commission for report
prior to instructing the Attorney to prepare the proper documents.
Council action
12-6-77 It was the Council's -decision that the matter te returned to
the Planning Commission for consideration of one (1) acre
minimum lot size with no averaging; also that the change in
the sewer plan suggested by Rick Engineering Company in their
letter dated December 6, 1977 be considered, and the matter
returned to the City Council
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PLANNING COMMISSION RESOLUTION NO. 1419
RESOLUTION OF THE PLANNING COMMISSION OF' THE
CITY OF CARLSBAD, CALIFORNIA, ALLOWING A L'OW-
DENISTY RESIDENTIAL ZONE THAT WOULD IMPLEMENT
THE LOW-DENSITY RESIDENTIAL CATEGORY (Q-1%
DWELLING PER ACRE) AND PROVIDE FLEXIBILITY IN
THE PUBLIC FACILITIES REQUIREMENTS.
CASE NO: ZCA-86
APPLICANT* CITY OF CARLSBAD
WHEREAS, a verified application to develop a low-denisty
residential zone that would partially implement the low-density
residential category (0-1% dwelling per acre) and provide flex-
ibility in the public facilities requirements has been filed
with the City of Carlsbad and 'referred to the Planning Commission;
and
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WHEREAS, the Planning Commission did hold a duly noticed'
public hearing on October 26, 19/7, to consider the subject
amendment; and •
WHEREAS, the Planning Commission received all te-stimony
from those persons interested in and opposed to, if any, on the
proposed Zone Code Amendment; and
NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission
of the City of Carlsbad that it does recommend approval to the
City Council of an Amendment to Title 21 of the Muncipal Code
as set forth in the attached Exhibit "B" dated November 3, 1977.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Carlsbad City Planning Commission held on November 9, 1977, by
the following vote, to wit:r
XXX
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XXX
1 AYES:
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_ NOES:o
. ABSENT:
K ABSTAIN:5
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ERIC LARSON, Chairman
9 ATTEST:
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12 JAMES G; HAGAMAN, Secretary"
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^..^ DRAFT ORDINANCE
IEXHIBIT "B" - 11/3/77
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ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, AMENDING
VARIOUS CHAPTERS OF TITLE 21 OF THE
CARLSBAD MUNICIPAL CODE TO REVISE THE
ZONING REGULATIONS REGARDING RESIDENTIAL
' ESTATE ZONE.
The City Council of the City of Carlsbad, California, does
ordain as follows:
SECTION 1: Title 21, Chapter 21.04 of the Carlsbad Municipal
Code is amended by adding Section 21.04.065 to read as follows:
"21.04.065 Building Height. The height of a building or
structure,shall be measured as the greatest vertical distance .
along a line between the highest point of the coping of a flat
roof or to the highest point of a mansard roof or to the average
height of the highest gable of a pitched or hipped roof and
finished grade at any point adjacent to, or five feet out from
any building wall (or at the property line, whichever first occurs)
whichever is lower in elevation.
Provided, however, that for parcels which slope downward
from a dedicated public right-of-way, whenever the natural grade
elevation difference betveen the average elevation of the grade
along the front yard setback line and the average elevation of the
grade along the rear most building or structure wall exceeds a
slope of 2:1, (one foot vertical rise in 2 feet of horizontal
distance), th*e building or structure height may be measured ver- .
tically along the rearmost building or structure wall, rather
than five feet out from the wall.
In the cases where retaining walls or fill grading are
utilized to create finished grade higher in elevation than pre-
existing grade, then preexisting grade shall be used in the de-
termination of building or structure height. Preexisting grade
is defined as the ground level elevation which existed prior to
any site preparation related to, or to be incorporated into, the
proposed new development or alteration.
SECTION 2: Title 21, Chapter 21.05 of the Carlsbad Municipal
Code is amended by adding Section 21.05.020 to read as follows:
"R-E Residential Estate"
SECTION 3: Title 21, Chapter 21.05 of the Carlsbad Municipal
Code is amended by the amendment of Section 21.05.020(3) to read
as-follows:
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"(3). Uses permitted in the R-A Zone, the 0-S Zone, the
E-A Zone and the R-E Zone shall be considered to be as res-
trictive as those permitted in the R-l Zone, except that
those uses pertaining to animals shall not be considered as
"more restrictive uses" for purposes of this section."
SECTION 4: Title 21 of the Carlsbad Municpal Code is hereby
amended by the addition of Chapter 21.09 to read as follows:
Chapter 21.09
R-E Residential Estate
"21.09.010 Intent and Purpose. The intent.of the R-E Zone
is to provide a residential area with a rural atmosphere, with
open areas between structures, large yards and areas left in a
natural setting. The zone shall be limited to single family
development with incidental and compatible agricultural uses. The
size of the dwelling units are to be related in proper scale to
the large yards and lots. Public facilities shall be sufficient
to provide for convenience and safety, but need not meet full City
standards.
"21.09.020 Permitted Uses. In an R-E Zone, the following
uses only are permitted as hereinafter specifically provided and
allowed by this chapter subject to the provisions of this chapter,
and to the development standards provided in Chapter 21.-41 and
21.44.
(1) One one-family dwelling unit per lot.
(2) 'Grazing of ruminant animals provided that there is
a minimum of 10 acres of land used exclusively for such
grazing and the number of horses and cattle does not
exceed 4 per acre, or small animals such as goats and
sheep does not to 12 per acre. For combining of
animals, one large animal is equivalent to 3 small
animals.
(3) Crop production
(4) Floriculture
"21.09.030 Accessory Uses. If a one-family dwelling unit
exists on a lot,the following accessory uses are permitted on
such lot:
(1) Ordinary household pets, including but not limited
to dogs and cats. Not more than two adult dogs and
two adult cats are permitted for each dwelling unit
together with offspring under four months of age.
(2) Horses and other grazing animals provided that such
animal shall not exceed two for each acre of land.
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(3) .Youth farm projects that are sponsored by nonprofit
organizations such as 4-H.
"(4) Barns, private garages, playhouses, windmills, silos,
radio and television receiving antennas, stables, and
such other as are required for the conduct of uses
permitted by this section.
(5) Greenhouses less than two-thousand square feet, provided
all requirements for yard setback and height are met.
(6) Poultry, rabbits, chinchillas and other small animals
provided that all such animals shall at all times be
confined to an enclosure, and that not more than 25 •
of any one animal or combination of such animals may
be maintained at any time on any single lot.
(7) Maintaining mail address for commercial and business
.license purposes only, provided no stock in trade,
supplies, professional equipment, apparatus or business
equipment except such as are accessory to a permitted
use are kept on the premises, and provided that no
employees or assistants are engaged for services on the
premises except in connection with uses specifically
listed as permissable in this section, provided further,
that no more than one motor vehicle may contain equip-
ment, tools and stock in trade maintained therein
provided such tools and equipment are not used for th?
performance of services upon the premises and the stock
in trade is not sold from the premises.
"21.09.04*0 Use and Structures Permitted by Conditional Use
Permit^Subject to the provisions of Chapter 21.50, the following
uses and structures are permitted by the issuance of a Conditional
Use Permit:
(1) Apiary, provided that all hives or boxes housing bees
shall be placed at least four hundred feet from any
street, school, park, "R" Zone, or from any dwelling or
place of human habitation other than that occupied by
the owner or caretaker of the apiary.
(2) Commercial stables and horse-boarding facilities.
(3) Greenhouse greater than two-thousand square feet, pro-
vided all -requirements for yard setbacks and height
are met.
(4) Nurseries, both wholesale and retail.
(5) Poultry, rabbits, chinchillas, and other small animals
in excess of 25 of any one animal or combination of
such animals.
(6) Produce stands, for the sale of products raised on
the site.
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1 "21.09.050 Conduct of Use. Storage of all equipment,
supplies, and recreation vehicles shall be within enclosed
2 buildings or shielded from view from public streets or easements
by landscape barrier or other methods.
3 "21.09.060 District Requirement. The R-E Zone shall not be
4 applied to any area of less than 10 acres of contiguous land.
Property separated by a public street shall be considered con-
5 tiguous if more than 100' of frontage is on direct opposite sides
of the street.
6 •"21.09.070 Building Height. No building in the R-E Zone
7 shall exceed a height of 35 feet.
8 "21.09.080 Front Yard. Every lot in the R-E Zone shall
have a front yard which has a depth not less than seventy feet
9 except for the following circumstances:
,10 (1) Fences of wood or wood and masonry combination, chain
link or equal quality, up to five feet in height provided
11 the fence is at least 50 percent open are permitted
within 10 feet of the front property line.
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(2) Roofed shelter for animals open on at least three
13 sides may be placed up to 20 feet from street property
line.
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(3) The Planning Commission may approve the location of
15 dwelling and garages up to 20 feet from the street
property line if the difference in elevation of the
16 required front yard setback line and the center line
.of'the street exceed 15 feet. Application for such
17 reduction in required front yard setback shall be made
by Site Development Plan as per Chapter 21.05 of this
18 code.
19 -"21.09.090 Side Yard. In an R-E Zone an interior side
yard shall not be less than 15 feet in width and street side yard
20 shall not be less than 50 feet in width. The Planning Commission
may approve the location of dwellings and garages up to 20 feet
21 from the street side yard property line if the difference in
elevation of the required street side yard setback line and the
22 center line of the street exceeds 10 feet. Application for such
reduction in required street side yard setback shall be made by
23 Site Development Plan as per Chapter 21.05 of this code.
24 "21.09.100 Placement of Buildings. Placement of buildings
on any lot shall conform to the following:
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(1) No building shall occupy any portion of a required yard.
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(2) Any building, any portion of which is used for human
27 ' habitation, shall observe a distance from any rear
property line the equivalent of twice the required
28 interior side yard.
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(3) The distance between buildings used for human habitation
and detached accessory buildings shall not be less than
10 feet.
2 (4) The keeping of all domestic animals provided for in
,this chapter shall conform to all other provisions of
law governing same, and no pen, coop, stable or barn
shall be erected within 40 feet of any building used
for human habitation or 25 feet from any property line
(5) Permits for dwelling units to be located further.than
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500 feet from a fire hydrant shall be subject to
individual determination by the Fire Department, which
may require the installation of additional safety
equipment, including the requirement for additional
hydrants or stand pipes.
"21.09.110 Minimum Lot Area. The minimum lot area is two
acres; however, the City Council may approve subdivisions con-
taining lots less than two acres providing:
(1) The average lot area of the subdivision is two acres.
(2) No lot in the subdivision shall be less than one acre.
(3) No more than 501 of the lots are less than two acres.
(4) Each lot of the subdivision is buildable with usable
16 "21, 09.120 Lot Width.
access without undo alteration of the terrain..
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17 (1) In the R-E Zone, every lot created shall have a minimum
13 lot width of 100 feet.
(2) The City Council for major subdivisions or minor
subdivisions on appeal and Planning Commission for
minor subdivisions may approve panhandle or flag-
shaped lots where the lot area width and yards shall
be measured as follows:
(A) The buildable portion of the lot which is the
total area minus that portion containing the
drive approach (handle) shall meet the minimum
area, requirement of the R-E Zone.
24 (B) The width requirement for the buildable portion
25 of the lot shall be as required for lots in the
zone district.
26 (C) The yard requirements of the zone district shall
27 be met except that front yard setbacks may be
reduced to 30 feet.
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, p space to permit complete turnaround for forward
access to the street. This parking and access,_
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(D) The minimum width of the access portion shall be
twenty-four 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 15 feet, provided a joint easement en-
suring common access of a minimum width of 30
feet to both such portions is recorded.
(E) 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 14 feet wide for single
lots and 20 feet wide when serving more than one
lot. The minimum overhead clearance shall be
10 feet. The driveway shall be constructed of
two inch thick asphalt concrete paving on proper
base with rolled edges.
(F) Each lot shall have at least three nontandem
. parking spaces with an approach not less than
twenty-four feet in lenght with proper turnaround
arrangement shall be designed to the satisfaction
of the Planning Director.
(G) Structures permitted in the access portion of the
lot shall be limited to mailboxes, fences, gates
trash enclosures, landscape containers and. name -
plates. Except for mailboxes, these structures
' -shall not be greater than 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.
(H) The property owner of such a lot shall agree to
hold the City of any other public service agency
harmless from liability for any damage to the
driveway when being used to perform a public service
21 "21.09.150 Lot Coverage. All buildings including accessory
buildings and structures, excluding greenhouses, shall not cover
more than 20 percent of the area of the lot.
23 "21.09.140 Parking. Notwithstanding parking requirements
of Chapter 21.44 not less than two off-street parking spaces shall
be provided for each residence. The required two spaces shall be
covered by a garage or carport, and the driveway adequately paved
with either concrete or asphalt cement prepared over adequate base.
"21.09.150 Subdivsipn of Land in an R-E Zone. Proposed
subdivisions of land in the R-E Zone shall be subject to all
provisions of the subdivision regulation (Title 20) except as
specified in Section 21.09.160 of this chapter.
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"21.09.160 Modifications of Public Improvements. All public
facilities, dedications and improvements shall be required in
accord with adopted ordinances, policies and standards of the
City of Carlsbad. However, as conditions of approval of a
Tentative Subdivision Map, the City Council may modify certain
specific public improvement standards provided the design of these
modified improvements is related to the function, topography and
needs of the area. The specific, improvements that can be modified
are as follows:
(1) Street improvements and dedications for streets inside
subdivisions are as follows:
(A) Right-of-way for streets, may be reduced provided
° that they not be reduced less than 40".
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(E) All or part of the required sidewalks, curbs,
(B) Parking lane may be deleted on one side of streets
(C) Pavement width may be reduced on streets serving
eight or less units to 28', parking one side, or
32' parking both sides as the City Council may
determine.
(D) Pavement width may be reduced on streets serving
more than eight units to 30', parking one side,
or 36' parking both sides as the City Council may
determine.
gutters or drainage structures may be waived or
modified if it is found that such improvements are
-„ unwarranted and would distract from the rural
character of the area. If such requirements are
waived, the City Engineer may request that
drainage easements and/or drainage releases be made
part of the Tract Map to insure proper drainage
over private property.
(F) Horizontal and vertical alignment standards may be
modified or waived to reduce grading. In such
cases, an adequate right-of-way shall be provided
to accommodate possible future corrections to meet
City standards.
23 (G) The City Council shall have the option of requiring
that "street right-of-way shall be privately
maintained under an association as hereinafter
required, or may accept an offer of dedication.
If privately owned, the streets shall be open to
the public by easement."
(2) Utilities and Services as follows:
(A) Public sewer systems shall be required to serve
lots in the R-E Zone unless specifically waived
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1 by City Council. Such waiver shall be conditioned
on the installation of an alternative sewer
2 disposal system permitted by this code and found to
be feasible for each lot. The determination of the—
3 • adequacy of such alternate system(s) shall be based _.
on detailed soil testing on each existing lot or
4 proposed lot of a tentative map.
5 No land in an R-E Zone shall be subdivided without
bonded provisions for a public sewer system,- unless
g approved by the County Health Department and the
City Engineer, and the public sewer requirement
7 . waived for R-E Zone subdivision of land, there
shall be the requirement to prepare plans for a
8 future public sewer system as a backup system. All
easements required to construct such a backup
"9 public sewer system shall be required as a condition
of final map recordation.
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(B) Overhead wiring for telephone and electric service
11 may be permitted unless otherwise prohibited, by
Public Utility Commission regulations.
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These modifications to City improvement standards shall not relieve
13 the subdivider from providing public facilities, dedications and
improvements that provide services necessary for the welfare of
14 the general public as required by the General Plan, applicable
Specific Plans, or City ordinance or policies.
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"21.09.170 Covenants, Conditions and Restrictions. The
16 filing of a tentative map in an R-E Zone shall include the sub-
mittal of proposed private deed covenants, conditions and res-
17 trictions.
18 As a minimum these documents shall include the following provisions
A) Lots in the R-E Zone may not be resubdivided; B) Minimum floor
19 area for dwelling units shall be included; C) Maintenance of
private property including private streets in a manner consistent
20 with the purposes of this zone shall be included. Such documen-
tation shall make the City of Carlsbad as party and provided that
21 they may not be amended without the approval of the City Council.
The C.C.^R's must be approved by the City Council prior to approval
22 of the final map, and they must be recorded.
23 "21.09.180 Findings Required for Rezoning or Resubdivision
to a More Intensive Use"Once a R-E Zone has been adopted,and
24 subdivisions have occured under the above provisions, no rezoning
or resubdivision to a more intensive use may be granted on any
25 lot without a finding by the City Council in addition to other
findings required by law, that an improvement district has been
26 formed which will provide for the financing of the improvements
.necessary to bring all public improvements, on and off-site, to
27 full city standards and specifications applicable at the time of
such rezoning or that said improvements have otherwise been
28 provided. This restriction shall be made a part of the C.C.SR's
required by Section 21.09.170.
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SECTION 5: That Title 21, Chapter 21.42 of the Carlsbad
Municipal Code is hereby amended by the amendment of Section
21.42.010 to read as follows:
(8) R-E. R-A, R-l, R-2, R-3, R-P, RD-M, and P-C Zones.
EFFECTIVE DATE: This Ordinance shall be effective thirty
days after its adoption, and the City Clerk shall certify to the
7 adoption of this Ordinance and cause it to be published at least
g once in the Carlsbad Journal within fifteen days after its
9 adoption.
10 INTRODUCED AND FIRST READ at an adjourned regular meeting of
11 the Carlsbad City Council held on the day of
12 1977, and thereafter
13 PASSED AND ADOPTED at a regular meeting of said Council held
14 on the day of , 1977, by the following vote,
15 to wit:
16 AYES:
17 NOES:'
13 ABSENT:
19 ABSTAIN:20
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ROBERT C. FRAZEE, Mayor
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23 ATTEST:
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MARGARET E. ADAMS, City Clerk
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27 (SEAL)
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MEMORANDUM
DATE: OCTOBER 19, 1977
TO: PLANNING COMMISSION
FROM: PLANNING DEPARTMENT
SUBJECT: ZCA-86 -RESIDENTIAL ESTATE ZONE
HISTORY
At the request of various property owners, the City Council dir-
ected staff to develop a. low-density residential zone that would
implement the low-density residential category (0-1% dwelling per
acre) and provide flexibility in the public facilities requirements.
Staff drafted this zone with the intentions of developing a rural
atmosphere with reduced public facilities requirements. The draft
was staffed by members of the planning, engineering, fire and build-
ing departments. The City Council reviewed this draft and has rec-
ommended that the Planning Commission hold hearings for its adoption.
The low density category of the General Plan is for single-family
dwellings where development recognizes the slope of the natural
terrains, ecological significance, scenic qualities and other prime
open space and conservation considerations. To create such an
atmosphere, staff felt that certain public facility requirements
should be reduced to better integrate development into the natural
terrain. Staff also felt that the reduction of public facilities
could only be accomplished if there was assurances that the density
would be low or if increased, that full public facilities could be
provided. Therefore the zone was developed as a very low density
zone containing provisions that would require improvements to full
public facility standards if it was the desire of the property
owners to increase the density in the future.
Presently the zone ordinance does not contain an exclusive low-
density residential zone. However, the General Plan indicates a
need for low-density with a range from 0 to 1% dwelling units to
the acre. At the upper range of this low density category, the
R-l-15,000 and R-A-15,000 zones are used for implementation. How-
ever, in the steeper terrains this density is too high. In addition
the R-A and R-l zone require full public improvements and do not
lend well to a rural atmosphere.
CONSIDERATIONS: The following is a discussion of what staff con-
sidered when drafting the ordinance. The ordinance
is an attempt to achieve by development guidance
what is felt to be important for Carlsbad.
The topography, natural vegetation and wildlife are unique resources
in the Community of Carlsbad. A sense of rural living along the
coast has evolved as a way of life that has characterized Carlsbad
throughout its history. The uniqueness is threatened by present
urbanization pressures, but it need not be lost. Carlsbad has the
opportunity to blend urbanization with a rural setting to maintain
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the character that most of our citizens find to be important. As
Carlsbad urbanizes a full range of living styles, employment oppor-
tunities, service must be provided.
Although the City has to some degree this diversification presently
it has been done by individual choice, not by guidance. Our present
zoning provides for and encourages residential development from
multiple family to small lot detached single-family (7500 square
foot lots) living. To be sure we have larger residential lots with
rural setting, retaining natural topographic, vegetation, wildlife,
etc., but this is usually done by under using the zone, i.e., 1 acre
lot in R-l-7500 zone. As urbanization continues many of these larger
lots are subdivided to meet zdne potential. If this continues, we
could lose this portion of our living sytel and reduce the rural
feeling that characterizes Carlsbad.
This Ordinance Amendment creates a zone that will insure the reten-
tion of this rural, natural characteristic. Lots will be relatively
large, public facilities minimal but adequate, open areas preserved,
and natural vegetation and wildlife maintained. Importantly, also
open country. This zoning will promote the image most of us see as
Carlsbad.
The citizens recognized the need for this type of land use guidance
in the drafting of the General Plan. The Land Use Element contains
"Low Density" category that is to be a residential area characterized
with a rural, recreational and agricultural characterization. The
land use is to recognize the natural terrain, ecological significance
scenic qualities and other prime open space and conservation con-
siderations .
There are also very good practical reasons why Carlsbad needs a res-
idential estate zone; larger lots demand less City services. There
is less demand on public recreation, street maintenance, utility
system, while increasing our taxing base. Sewering is especially
a timely problem that the R-E zone addresses. Septic system will be
permitted; this will permit the continuing development of the City
and the providing of homes that may not be possible in this era of
limited sewer processing capacity. In addition, Carlsbad has the
climate and nearby markets that lends to small intensified farming.
The R-E zone will specifically promote this type of enterprize.
Recognizing the need for such zoning in an urbanizing area, property
owners petitioned the City Council for its creation. The City
Council agreed and directed staff to prepare a zone that would
accomplish these goals.
Preparation of Ordinance. A review of some existing residential
estate developmentsin the North County was made. The overriding
concerns that were expressed in this review was how does a residential
estate area retain its character and viability and if change to a
higher density does take place how can this be done and still provide
necessary city services. More particularly how can we maintain a
stable area that the owner takes pride in maintaining as it is
(Montecito in Solana Beach as an example) vs. an area that property
owners desire change to higher density even though public facilities
are inadequate (some areas of Vista as an example). Staff attempted
to draft a zone that would achieve an estate area, but at the same
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provide a fall-back for expending public services if needed in the
future. A further discussion of how this was done is in the analysis
of the Ordinance.
The following developments were surveyed:
1. San Vicente Estates (San Diego County, near Ramona)
2. San Diego County Estates (San Diego County, near Ramona)
3. Hacienda Santa Fe (San Diego County, east of Rancho Santa Fe)
4. Rancho Santa Fe (San Diego County)
5. Isla Vista (San Diego County, east of Solana Beach)
6. Monteciello (San Diego County, east of Solana Beach)
A slide presentation showing the various development standards
used in the above projects will accompany this report.
REVIEW: A draft was distributed to all interested citizens for
their comments, and was well received with only a few
suggested changes.
Mr. Allen Kelly in a letter dated August 12, 1977, indicated that
the minimum floor area of the house should be 2,000 square feet,
and require that the garage be connected to the house. Mr. Kelly
also suggested that the roofs be fire retardent either tile or if
wood, sprinkler systems to be built on the roof.
The draft Ordinance requires a minimum floor area of 1800 square
feet, excluding garages, roofs and patios with no provisions to
require attached garages. Staff believes that this figure is
compatible to Mr. Kelly's including garages and therefore is an
appropriate minimum requirement. Staff would not recommend inquiring
attached garages since the areas that will be zoned R-E are generally
rough terrain with the possibility of difficult access. Therefore
flexibility is needed in the location of parking and access.
Although fire retardent roofs will in most cases be desirable in an
R-E area, staff has not made it manditory. It is our belief that
fire retardent requirements should be in building or fire codes and
keyed to specific conditions, not to a zone. However, if the Com-
mission wishes this added protection, such requirement could be
added as Section 21.09.145, titled "Fire Retardent Roof" and as
follows:
"All roofing on roofs of buildings used for human
habitation shall be covered with fire retardent
roofing to the satisfaction of the Fire Department."
Analysis of the Ordinance. Following is a discussion of the R-E Zone
on a Section by Section review of how the above mentioned goals are
to be met. The Ordinance Section is italized so you can distinguish
between Ordinance and Discussion.
.4
SECTION 1: Amend Section 21.04 Definitions by adding the following
definition:
21.04.065 Building Height. The. hztght ofa a ba-ild-ing on. t>tn.uc.-
tu.n.e., -i>hall be. mea^a/tecf a.4 the. gn.e.ate.-i>t ve.n.t-ic.al dtAtance. along a
Li.ni between the. htghe.At po-int ofa the. cop-ing ofa a falat noofa on. to
the. highest yo-int o£ a. man&an.d n-oofa on .to the. average. he.tght ofa the.
h<igke.&t gable, oft a p-itcke.d on. k-ippid n.oofa and {^-in-i&kid gsia.de. at
any po-int adjac.e.nt to, on. fatve. fae.e.t out ^n.om any bu.-if.dtng wall (on.
at the. pn.opnn.tij ti.no., wktc.ke.ve.n. fa-in.-t>t occu-'u), wktc.ke.ve.n. Jit* lownn.
-in e.le.vat-ion.
Pn.ovtde.d, howe.ve.n., that faon. pan.ce.l-f> whtch Atope. downward
a de.dtc.ate.d pabl-ic. n.tght-o&-way, whe.ne.ve.n. the. natural gn.ade. e.le.-
vat-ion dt^e.n.e.nc.e. between the. average zltvatton oft the. gn.ade. along
the. fin.ont yan.d &z.tbac.k l-ine. and the. ave.n.age. e.ie.vat-ion o^ the. gn.ade.
along the. n.e.an. mo&t ba-itd-ing on. Atn.uctu.n.e. wall exceeds a i£ope o^
2:7, (one. faoot ve.X-ttc.al. n.t*e. tn 2 &e.e.t o& kon.-izontat dtAtanc.e.) , the.
ba-ildtng on. Atn.u.c.tu.n.e. he.tght may be. mea.4aA.ed v<m.t-ic.aJLlg along the.
n.e.an.moAt butldtng on. Atn.u.c.tun.e. wall, n.ath&.n. than fitve. fie.e.t oat fan.om
the. wall.
In the. ca.ie.6 wkn.n.e. n.e.ta-intng wall* on. fa-ill gn.ad-ing an.e. u.ttl-ize.d
to c,n.e.at& k-in-i&he,d gn.ade. htghe.n. -in e.le.vatton than pn.e.e.x.-i-i>t-ing gn.ade.,
than pn.e.e.xt&ttng ghade. Ahall be. a^ed Jin. the. de.te.n.m-inatton ofa
batldtng on. &tn.uc.tu.n.e. he.-ight. ?n.<L<tK-ii>t-ing gn.ade. -ii> de.&tne.d a& the,
gn.oa.nd lo.ve.1 e.le.vat-ion whtch e.x.tt>te.d pn.-ion. to any Atte. pn.ipan.atlon
n.e.late.d to, on. to be. -inc.on.pon.ate.d -into, the. pn.opo-i>e.d new de.ve.lopme.nt
on. alte.n.atton.
During the City Council workshop on this ZCA, it was noted that
the method of calculating building height in the zone ordinance
is presently inadequate and at odds with the Building Code. It
was also noted that the City of San Diego has a method that appears
to be inclusive of conceivable situation and compatible with
Building Code. For these reasons staff has upon modification,
incorporated it into this Amendment. (See Exhibit "A" for
building height calculations).
Although this method is complex, it is necessary because the varied
terrian of Carlsbad requires complex measurings. This is true for
all zones, therefore the change is being suggested in the Definition
sections of the Zone Code itself.
SECTION 2: Amend Section 21.05.010 - Names of Zones - by adding in
proper order the following:
R-E Re.*tde.nttal Estate.
SECTION 3: Amend Section 21.05.020 (3) - Degrees of Restrictiveness
as follows:
(3). tUe-6 pe.n.mj.tte.d <in the, R-A Zone, the, 0-S lone.,
the. E-A lone, and the. R-E Zone thall be o.on&tde.n.e.d to
be. a* n.e.Atn.tc.t'ive. a& thote. pe,n.m-itte.d -in the. R-J
Zone, except that tho&e. tue-i pe.n.ta<intng to an-imal&
not be cont>tde.n.e.d at> "mone. n.e.t>tn.-ic.t-ive. tueV
.5
SECTION 4:- Add new Chapter 21.09 "R-E Residential Estate Zone" as
follows :
Chapte.*. 21.09
R-E Re-!>-ide.nt-ial Estate.
21.09.010 Intent and Purpose. The. Intent oft the. R-E Zone l&
to pn.ov4.de. a fie.-ittdnntta.Ji afie.a wtth a fiufial atmoAphe-fie., w-ith open
between 4^A.uc^:aA.e4, £ai.ge yafidb and afie.at> lefit -in a. natufial &e.tt-ing.
The. zone. &kall be 1-im-ite.d to Atngle. fiamtly development wtth tnctde.ntal
and compatible. agA<tcu£;tu/'La£ u^e4. The -6-cze oj$ -the dwe^-cng unttt> afie.
to be fie.late.d -en p/topei 4ca£e £o -the £a/ige yatidA and lot*. Publtc
Fac.*,tJ.t<ie.A bkatt be ^u^-cc^en^: ^:o p^ou^de ^01 convenience and
but need no^: mee^t <a££ Cxctt/ i>tandandt>.
The intent and purpose section is a very important portion of any zone.
This sets the reasons and the manner that the regulatory sections are
prepared. The intent and purpose as proposed gives guidance to
achieve the goal of a residential zone in a rural setting. The intent
and purpose is very specific and is geared to implement only the estate,
or low density housing type. The General Plan anticiaptes zones that
will have low density and be used in areas that have scenic, ecological
and open space values. There has been no attempt to accommodate all
aspects of the General Plan such as lowering housing costs.
21.09.020 Permitted Uses. In an R-E Zone, the. &ollowi.ng u.*e-t>
onty ate pe.ft.m<itte.d~ a-6 heA-e-tna^ei 4pecx^,tca££t/ px-ov-ide-d and allowe.d
by tk<i& chapte.fi Aubje.c.t to the. pfiov-i&J-onb ofa tk-it> chapte.^., and to
the. development &tandafid& piov/cded -in Chapte.fi 21.41 and 21.44.
1} One. one.-^am^tij dwe££-tng uni.t pe.n tot. The. m-cn-cmum
an.e.a o^ the. dwe.ll.tnQ untt ^na££ be e.<ighte.e.n nundne-d &qaafie.
(inde.fi fiutt noofa exc£ad^.ng ga-^age^, po^c/ie^, and patto* .
(2) Gfiaz-inQ ofi antmalA psiovtde.d that 4ach an^cma£^ 4na££ not
exceed two faon. each ac-te o^ £and and tke.tie. Jib a mtntmam
ojj 10 ac/te-6 ofa Land u.i>e.d e-x.clu.A-ive.ly ^on. &ach gfiaz-ing.
(3) Chop pnoduct-ion
(4) Flosilcu.ltu.ie.
The R-E Zone is to be residential with some agriculture. A minimum
floor area for the dwelling is required to insure that the homes relate
in size to the yards and open areas. Also this may reduce the desire
for future resubdivisions into smaller lots under the assumption that
people desiring larger homes also need or desire larger lots. Agri-
culture is a permitted use because it is anticipated that the zone will
be placed on land presently being used for agriculture.
21.09.050 Accessory Uses. 1& a one.- ^am-ity dwe££/cng antt
on a lot, the. j$o££ouu.ng acce-!>Aofiy u.&e.i> ane. pe.fim-itte.d on -f>u.ch tot:
(?) Ond-inatiy ttotueno£d pe^t.6, tnclu.di.ng bat not ttmtte.d to dog-6
and cat& . Not mole than two adult dog.6 and two adult catt>
ane, pe.fimttte.d faoti each dwe££x.ng untt toQe.tke.fi w-ith
unde.n ^oun. montkt, o& age.
.6
(2) Honse.S and othe.n, gn.az-ing animals pn.ov4.de.d that such animal
shall not exceed two fion. eaen acne, ofi Land.
(3) Youth fianm pno j e.cts that ane. sponsone.d by nonpnofilt organ-
izations such a-i> 4-H.
(4) Banns, pn-ivate. gan.age.s , playhouse.s, windmills, silos, nadlo
and te.le.vlsl.on n.e.ce.lvlng ante.nnas , stable,s , and such othe.n
as ane. tie.qutn.nd fion the, conduct ofi use,s pe,nmltte.d by this
(5) Gteenhoiue^ le,ss than two -thousand squane. fazzt, pfiov;ide.d att
^on. yatid cutback and ke.sL.gkt a/te me^t;
6} Poultry, labbtt* , ck-inch-i^la^ and othe.*. Amall an-tmalt,
that a££ ^ac^i an-LmalA bhaLt at all t-im<L& be cott-
to an uncloAufin, and that not mon.e, than 25 o& any
one. antmal on. combination o& &uch animate may be ma<inta<Lne.d
at any ttme. on any A-ingle. lot,
(7) Masinta4.ni.nQ matl a.ddA.e-6^ faox, comme.tiC4.al and but><in<ii>& ti.ce.nt> e
punpo&e.& only, ptiovi.de.d no Atock Ln ttiade., &uppl-ie.& , pn.o-
e.qui.pme.nt, appan.atu& on bui>i.n<t&t> e.qu<ipme.nt except
afie, acce.t>&o>Ly to a pe,fimttte.d u&e. afie, ke.pt on the,
, and pnov-idad that no e.mploye.e.A ofi at> & <i& tantb ate
ettgaged faon. Ae.siv<ice.-!> on the, ptie,m*,i>e.& except /en conne.ct4.on
Wsith ut>e,& i,pe.C4. Really l4.-f>te.d at> pe,fim4.i>&i.bto, i.n th*,* &o,cti.on,
ptio\)4.de,d ^unthe.>i, that no mone. than one. moton ve-h-Lcle. may
contain e.quA,pme.nt, tooLt> and btock -en tfiade. matntatne-d
the.fie,i.n pnovi.de.d £>uch toalt> and e-qu4.pme.nt ane. not cued ^on the,
pe.n^on.n\ance. o£ &e,v4.ce,& upon the, pne.m4.t>e,& and the. t>tock
-in tnade, 4,& not bold fifiom the. ptie,m4.&e,& .
It is important to note that accessory uses are only permitted if
there is an existing one family dwelling on the lot. This would
reduce possible conflict between residential uses and pure agriculture
pursuits .
21.09.040 Use and Structures Permitted by Conditional Use Permit.
Su b j e.ct to the. pfio\>-i&4.on& o~fi Chapte.fi 2 7 . 50 , the. &o Howling UA e4 and
Atx.uctuft.e--!> ane, pe.nm-itte.d by the. 4.&&uance. ofi a Cond-it-ional u&e. ?e.nm-it'
(J) Aptafiy, pn.ov-ide.d that alt h4.ve.-i> on. boxe-6 hout>4.ng bee^ &hall be.
placed at le,a&t \oun. hundn.e.d fae,e,t fan.om any &tn.e.e.t, school, pank, "R"
zone, on. finom any dwe.ll4.ng on. place, ofi human hab-itatlon othe.n. than that
occupied by the, owntn. on, can.e.take.n. ofi the. ap-iany;
(2) Comme.n.c-ial Atable.£ and hon.Ae.-boan.d-ing ^ac-il-it-ie,^ .
(3) Gteennou^e an,e.ate.n, than two-thousand bquane. fie.e.t, pn.ov-ide.d
all n.e,qu4.n.e.me.ntA fion. yan,d i>e,tback.i> and he.4.ght an.e, me,t.
(4) Nun.Ae-n.4.e.A , both whole.t>ale, and n.e.ta-il.
(5) Poultny, nabb-itA, ch-inch-illat> , and othe.n. *>mall an-imal* 4.n
ofi 25 ofi any one. animal on. comb4.nat4.on ofi Auch an-imal& .
(6) Produce, stands, fion. the. sale, ofi products n,a-ise.d on the. s-ite,.
.7
These uses are sometimes found in estate areas and are possibilities in
some areas in Carlsbad. They have a function and should be permitted,
but because conflicts could occur, they are to be permitted only upon
approved CUP.
21.09.050 Conduct of Use. Storage, oft all e,qu.<ipme.nt,
and n.e.c.n.e.at*,on v zhtdle.* Ahall be. wtthtn e,nclo&e.d bui.ld'ingA on.
fafiom vxlew ^tiom public. &tn.e.e.tt> on. e.a&e,me.nt& by a vi.e.w ob-6cu/u,ng ^e.nc.e.
on. wall.
The large lots will lend to more outdoor activity, such as farming
and gardens. Equipment such as tractors and plows, and supplies such
as fertilizers and planting stakes could distract from the estate nature
of the district. Therefore, along with RV, the ordinance purposes that
such equipment and vehicles be stored out of view from public streets.
21.09.060 Disrict Requirement. The. R-E zone. &kalt not be. applied
to any asiaa oft le.&& than 10 acAe.6 o& c.onttguou.A land. Vn.opnn.ty i>e.p-
an.atzd by a public. &tn.e.e.t Ahall be. c.onA4.de.n.e.d conttguou.* H mon.ii than
100' oft pontage, -i* on d-in.e.c.t oppotxite. t>i.de.i> ofa tke, t>tn.e,e,t.
District requirment of 10 acres will prohibit the spot zone use of
the zone. This will preclude the use of the R-E zone to reduce dev-
elopment standards for individual lots. Furthermore, a minimum of
10 acres is necessary to develop a rural atmosphere.
21.09.070 Building Height. No bu.i.ld'ing Ln the, R-E lone, -bhall
exceed a he.i.ght ofa 33 &e.e.t.
The maximum height of 35' is standard to all lower density residential
zones in Carlsbad.
21.09.080 Front Yard. Eve.n.y Lot tn tke. R-E zone thall have, a
yan.d whtch a* a de.pth not Jt<Lt>i> than &e.ve,nty ^eet except ^on. tke.
(7) Fences oft wood on. wood and ma&onn.y dombtnatton, up to fit
&e,e.t Jin he.i.ght pn.ovtde.d the. &e.nce. Lb at le.a&t 50 pnn.c.e,nt
open an.e. pe.n.m<itte.d w-itk-in 10 &e.e.t o& the. ^n.ont pn.opnn.ty
l-ine.. [Chatn Itnk ^ence4 ane. e.Kpn.e.^^ly pn.ohi.blte.d In
yan.d.
(2) Roofed &he.lLte.n. {on. an-Lmal^ open on at Ln.a.t>t tkn.e.e.
may be. placed ap to 20 £e.e.t ^n.om &tn.e.e.t pn.ope.n.ty
(3) The. Planning Commt&bton may approve, the. Ioc.at4.on o{
dwe.l.l-ing and gan.age.-i> ap to 20 ^e.e.t fan.om tke. &tn.e.e.t pn.ope.n.ty
£x.ne -i^ the. dt^e.n.e.nc.e. <in e.JLe.vat<Lon ofa tke. n.e.qu.i.n.e.d &n.ont
yan,d *e.tback l^ine. and tke. c.e.nte,n. l-ine. o& the, t>tn.e.e,t exceed
IS ^e.e.t. Appi-icatton faon. -6acfi n.e.duc.ti.on i.n n.e.qu.tn.e.d fan.ont
yan.d &e.tbac.k t>katl be made by S-ite. Ve.ve.lopme.nt Plan at> pan.
Chapte.n. 21.05 o& tnL*> code.
The large front yard (70 feet) serves two purposes. One of course
is the goal to create openness and an estate character. The other is
technical and may be very important in the future. The large front
yard will provide for a widening and realignment of the street if
that is ever desired in the future. Therefore, if the area is ever
changed to a higher density there will be room to redesign streets
to give proper width, curve radius and dwelling setbacks.
There are exceptions in front yard and if the terrain is difficult
relief is provided for the siting of the dwelling. Fences and roofed
structures are permitted so the front yard can be used for animals and
privacy. To maintain an aesthetic appearance, however, chain link
fences are expressly prohibited in front yards.
The Planning Commission may approve modification for house siting if
the difference in elevation between the street and the setback line is
greater than 15 feet; this will give flexibility in siting of the
dwelling and make better uses of all of the site when terrain is steep.
The 15' difference in elevation was used since this is the maximum
percent slope appropriate for driveways.
21.09.090 Side Yard. In an R-E lone, an Intuition Aide, ya^d bkati
not be £e,6-6 than 15 faae.t^'in width and ^tfinn-t &ldn yasid &hali not be,
te.*-i> than 50 fi&nt In width.
The interior side yard of 15 feet is not exceedingly great in this area
of large lots, but to have it larger may limit the flexibility in
siting the dwelling in difficult terrain. The street side yard for
corner lots is relatively great, but again it is needed for possible
future street widening or realignment.
.9
21'. 09.100 Placement of Buildings. Placement oft bu.lldi.ngA on
any tot *hall con£on.m to the. following:
(/) No bui.ldi.ng *hall oc.cu.py any position ofi a n.e.qutn.e.d yan.d.
(2) Any butldtng , any position o & which i* u*e.d fton. human
ka.btta.ti.on, Ahall ob*e.n.ve. a dtAtance. &n.om any n.e.an. pn.ope.n.ty
li.no. the. e.qui.vale.nt ofi twice. the. n.e.qutn.e.d i.nte.n.i.0 n. *i.de.
yan.d.
(3) The. di.*tance. be.twe.e.n butlding* u*e.d fion. human ka.btta.tion
and de.tac.hnd acce.**on.y bu.tldj.ng* *hall not be. le.** than
10
(4) The. ke.e.pi.ng ofa att dome.* tic a,ntmaJL& px.ovide.d faon tn thit>
chapte.fi 4/ia££ con^ofim to a££ otke.n pfiovt&ton* ofi La,w
gove.ining tame., and no pe.n, coop, stable, on ba?in bkai.1 bo.
e.fie.cte.d w-itk-in 40 &e.e.t Oj$ any bu.it.dtng u.Ae.d faon human
habitatton on. 25 &e.e.t ^fiom any pn.ope.nty Itne..
(5) ?e.n.mttt> ^on. dwe.tltng unit* to be. locate.d ^u.n.tke.n. than
500 fie.e.t fan.om a ^in.0. hydrant *hall be. *ubje.ct to
indi.vi.duat de.te.imination by the. T-tn.e. Ve.pan.tme.nt, which
may n.e.qutn.e. the. tnAtallatton o& addttional *afie.ty e.quipme.nt,
inciudtng the. n.e.qutn.e.me.nt fton. addttionat hydnant* on. Atand
ptpe.* .
The first four regulations are generally standard to other residential
zones. No. S is unique because of the possible problem of great dis-
tance between dwelling and fire hydrant. It is anticipated that some
lots will have on-site hydrants and/or stand pipes.
21.09.110 Minimum Lot Area. The. mtntmum lot an.e.a t* two acn.e.6;
hou)e.ve.n., the. Ctty Counci.1 may approve. *ubdivt*i.on& contain-ing lot*
te.** than two acn.e.* pn.ovi.dtng:
(7) The. ave.n.age. lot an.o.a o& the. *ubdivt*ton i* two acn.e.* .
(2) Wo lot tn the. *ubdtvt*ion *hall be. le.** than one. acn.e..
(3) Wo mon.e. than 50% o& the. lot* an.e. le.** than two acn.e.* .
(4) Eact lot o& the. *ubdtvi*ton i* buildable. wttk u*able.
acce.** wttkout undo alte.n.atton o& the. te.n.n.ain.
This is the first zone in Carlsbad with lot averaging; a very useful
concept, especially in hilly areas. Averaging will permit higher
density of development in flatter areas and larger lots in steeper
terrain where the lots need to be larger anyway. The question of what
is statisfactory minimum lot average and area was extensively discussed
by staff. Lots over three acres were considered; this would have some
cost savings because the Public Utilities would not require under-
grounding. However, the relative cost of installing other Public
Facilities goes up as density decreases. The Ordinance does not pre-
clude the development of a larger lot area if overheads are desired.
.Iff
It was suggested that one-half acre lots be set as the minimum. From
staff's review none of the estate type areas have lots that small.
Areas that are developed in one-half acre lots such as portions of
Olivehain and El Cajon Valley simply do not appear as estates or a
rural setting. The appearance is basically urbanization with larger
lots. This is especially true in hilly areas because grading uses
up most of the open spaces.
The smallest minimum lot area staff believes is workable to create an
estate rural character and be adequately served by a rural public
facility system is one acre. Any density greater should meet full
City standards and be sewered.
21.09.120 Lot Width.
(7) In the, R-E Zone., e.ve.ny lot cne.ate.d Ahall have. a m-tn^cmam
lot u)4\dth o TOO
(2) The. C<ity Council faon. majon. Au.bd4.\)4.A4.onA on. mtnon Au.bdi.v4.A4.onA
on appeal and Planning Comm4.AA4.on faon. mtnon. Au.bd4.V4.A4.onA
may approve, panhandle, on. falaa-Ahape.d lotA whe.ne. the. lot
an.e.a w-Ldth and yandA Ahall be. me.aAu.fiid OLA
(A) The. bu.4.ldable. pon.t4.on ofa the. lot wh-ich 4.A the. total
an.e.a mtnuA that pon.t4.on co Yitd4.n4.nQ the. di4.ve. approach
(handle.} A hall me.e.t the. m4.n4.mu.rn a.n.e,a n.e.qu.4.n.e.me.nt o&
the. R-E lone..
(B) The. u)4.dth n.e.q(i4.n.e.me,nt ^on. the. batldable. pontoon o^
the. lot Ahall be. aA ne.qu.4.n.e.d faon. lotA 4.n the. zone.
d4.A tn.4.ct .
(Cj The. yaid ie.qu.4.n.e.me.ntA o& the. zone. d^Atntct Ahall be.
me.t except that ^n.ont yand Ae.tback.A may be. ne.du.c.e.d
to 30 &e.e.t.
(V] The. m<in<imu.m w-idth ofa the. ac.c.e.AA pon.t4.on Ahall be.
twenty- fio an. fae.e.t e.x.c.e.pt whe.n.e. the. ac.ce.AA pon.t4.on
4.A adjac.e.nt to the. Aame, pon.t4.on o fa anothe.n. Au.c.h
lot, 4.n whtch caAe. the. n.e.qu.A,ne.d m4\n4.mu.m finontage.
Ahall be. 15 ie.e,t, pn.ov4.de.d a jotnt e.aAe.mznt e.n-
Au.n4.ng common acce.AA ofa a. m4.n4.mnm wtdth ofa 30
to both Auch pon.t4.onA 4.A ne.conde.d.
(E) An 4.mpn.o\>e.d dn.4.\>e.way Ahall be. pnovtde.d u)4.th-in the.
acce.AA pon.t4.on ofa the. lot fan.om the. public Atn.e,e.t
on. pabl-ic e.aAe.me.nt to the, pan.k4.ng an.e.a on the. bu.4.ld
able. lot at le.aAt 14 fae.e,t W4.de. faon. A-Lngle. lotA and
20 fae,e.t W4.de. whe.n Ae.n.v4\ng mon.e. than one. lot. The.
m4.n4.mu.m ove.nhe.ad cle.an.ance. Ahall be. 10 &e.e.t. The.
dn.4.ve.May Ahall be. conAtn.ucte.d ofa two-4.nch tk4.ck
aAphalt concne.te, paving on pnope.n baAe. W4.th nolle.d
e,dge.A .
.11
(F) Each tot Ahatt have, at te.aAt thine. nontande.m
pan.ki.ng Apace.A w-ith an approach not te.AA than
twenty-faoun &e.e.t -in te.ngth wtth pn.ope.tL tunnano and
Apace, to pe.n.m-it complete. tu.Jinafiou.nd &on ^on.wan,d
acce,AA to the. Atn.e.e,t. Th-iA pank-ing and acce.AA
asitLange.me.nt Ahatt be. de.Ai.gne.d to the. A att A ^act-ion
o& the. Planning 'Dtne.cton..
(G) Stnuctune.A pe.nmi.tte.d i.n the. acce.AA position o& the.
tot Ahatt be. ttmttcd to mattbox.e.A, &e.nce.A , gate.*,
tnaAh e.nctoAune.A , tandAcape. co ntai.ne.tLA and name.ptate.A
Ex.ae.pt faon. mattboxe.* , the.*e. &tH.(Lc.tu.fie.i> bhatt not be.
gtLe.ate.tL than ^ofity-two <inche.& i.n he.-i.ght -i& tocate.d
wtthtn twe.nty &e.e.t oj$ the. &tfie,e.t pfiope.>ity t^ine. otL
gtLe.ate.tL than A-lx ^e.e.t x,n he.i.ght be.yond th<ii> potnt.
(H) The. ptLope.tLty owne.tL o^ Auch a tot &katt agtie.e. to hotd
the. C-ity o& any otke,ti pabt-cc. Ae.tLvi.ce. agency hatLmte.AA
fatLom t-Labtti.ty faoh. any damage, to the. dtLJ.ve.way wnen
faex.ng a^ed to puti^otim a pub-Ltc Ae.tLvi.ce..
The 100' width is minimum to give an open feeling, but flexible so
that lots can be created to fit the terrain. The zone provides for
panhandle lots that have the same basic standards as in other single
family zones.
21.09.150. Lot Coverage. A££ bai-td-ingA i.nctu.d.LYiQ acce.AAotLy
bu.4.td<ingA and Atttu.ctutLe.A , e-Kctad-ing gtLe.e.nhou.Ae.A , Ahatt not cove.tL mo^ie.
than 20 pe.tLce.nt o& the. a.tie.0. oft the. tot.
With a 20% maximum coverage, on one acre lot could have approximately
4,300 square feet covered by buildings and structures. This appears
to be well within the range of anticipated development including
accessory buildings. It will, however, prohibit excessive development
of structures that would reduce the open character of the area.
21.09.140 Parking. Notu)4.thAtandi.ng patiktng tLe.qu.-itie.me.ntA o&
Chapte.tL 21.44 not te.AA than two 0^-AttLe.e.t patLk-ing Apace.A Ahatt be
ptLovtde.d ^O>L e.ach tie.Atde.nce.. The. /ieqiUAed two Apace.A Ahatt be. covered
by a garage, on. catLpottt, and the. dtLtvcway ade.qu.ate.ty paved wtth e-i.the.ti
conctLcte. on. aAphatt ce.me.nt pn.e.pan.e.d ove.ti adequate. baAe..
To provide for the higher standards proposed for these zone districts,
covered parking is required. This is not an undue hardship since
almost all homes are built with garages these days. The difference
is that the garage could not be converted to a habitable room without
providing substitute covered parking. Garage conversions are generally
unattractive, force parking in front yard setback or onstreet and gen-
erally provide poorly designed living areas, therefore they are dis-
couraged. The driveways need to be paved to insure adequate access in
all weather, this is especially true in these relatively large lots.
Again this should not be a hardship since people expect all weather
driveways and most homes contain them.
21. '09. 150 Subdivision of Land in an R-E Zone. PropoAed Aub-
div lATonA ofa land Jin the. R-E lone Ahall be Au.bje.ct to all proviAlonA
ofa the. AubdlviAion regulation (Title 20) zx.ce.pt aA Apeclfaied -in
Section 21.09.160 ofa thiA Chapte.fi.
This is a unique section that indicates that the R-E zone permits
exception to the subdivision regulation (Title 20) , as necessary to
create an estate area.
21.09.160 Modifications of Public Improvements. All public
faacilltleA , dedlcationA and tmpi0ve.me.ntA Ahall be. required In accord
with adopted ordinanceA, pollcieA and AtandardA ofa the. City ofa CarlAbad,
Howe.ve.fi, a* condltlonA oft approval ofa a Tentative SubdivlAion Map, the.
City Council may modlfay certain Apeclfatc public Improvement AtandatidA
piov4.de.d the. de-b-tgn oft the.&e. modt£i.e.d tmptLOve.me.nt-f> -L& ne.late.d to the.
fiunctton, topography and ne.e.dt> o& the. afie.a. The. Ape.ct&<ic tmptLove.me.nt-i>
that can be. modt^te-d atie. at> &ollou)-i>:
1 . $t&e.&t tmpJiove.me.ntA and dcdtcattonA fiotL AttLe.e.tA tnAtde. Au.bdtvtAi.on-i>
atie. aA
(A) Rtght-o{j-way &otL AttLe.e.tA, may be. tLe.duce.d ptLOvtde.d that the.y
not be. tLe.du.ce-d le.AA than 40'.
(B) Pattktng lane, may be. de.le.te.d on one. Atde. o& Atn.ne.tA.
(C) Pave.me.nt wtdth may be. fie.du.cnd on Atfie.e,tA Ae.fLvtng e.tght
on le.AA unttA to 28', patLktng one. Atde., otL 32' pfrtLktng both
Atde.A aA the. Ctty Counctl may de.te.tLmtne..
CO] Pave.me.nt wtdth may be. reduced on AttLe.e.tA Ae.tLvtng matte, than
ttght unttA to 30', patLktng one. Atde., oh. 36' patLktng both
Atde.A aA the. Ctty Counctl may de.te.tLmtne..
(E) All otL patLt ojf the. tLe.qu.ttLe.d Atde.walkA, cafibA , Qu.tte.tLA on.
dtLatnage. A ttLu.ctu.tLe.A may be. iaatve.d otL modt{,te.d t& tt tA
&ou.nd that Aach tmptLOve.me.ntA atLe. u.nwatLtLante.d and would
dtAttLact tLom the. tLutLal chatLacte.tL o& the. atLe.a.
(F) Gto.de and CSLUV& AtandatLdA may be modtfited on. watvcd to
tLcduce. gtLadtng. In Auch caAe.A, an ade.quate. tLtght-o^
Ahall be. ptLovtde.d to accommodate poAAtble. ^u.tu.n.e, cotLtLecttonA
to me.e.t Ctty AtandatLdA.
(G) The Ctty Council Ahall have the option o fa requiring that
Atrcet titght-o fa-way Ahall be privately maintained under an
aAAoctation aA hereinafter required, or may accept an ofafaer
ofa dedication. I fa privately owned, the AtreetA Ahall be
open to the public by eaAement.
2. UtilitteA and ServiceA aA faollowA:
(A) Requtrement faor publtc AewerA Aerving lotA in the R-E zone
may be waived provided that alternative Aewer diApoAal AyAtemA
that are permitted by code are faound to be faeaAlble faor each
lot. The de.termi.nati.on ofa -6uc.fi adequcy Ahall be made by
the CarlAbad Engtneerlng Department In conAultatlon with the
County Health Department at time ofa Tentative SubdlviAion Map
approval.
.13
ft
(B) Ove.nhe.ad* wining faon te.le.phone. and e.le.ctnlc Ae.nvi.c.z. may be.
pe.nmltte.d u.nle.AA othe.nwlAe. pnohlblte.d by Public Utility
CommlAAlon ne.gu.latlonA.
ThcAe. modlfilcatlonA to City lmpnove.me.nt AtandandA Ahall not ne.lle.ve
the. Aubdlvtdo.fi ^nom pnovldlng pu.bl.tc. faacllltle.A, de.dlcatlonA and
tmpiove.me.ntA that pnovlde. Ae.nvtce.-i> ne.C-e.AAany faon the. wzlfiane. ofa the.
ge.ne.nal public aA ne.qu.lnnd by the. Ge.ne.nal Plan, applicable. Spe.cl^lc
PlanA, on Ctty ondlnance. on pollcle,A.
Modification to public facility standards will be permitted, but not
automatically. All standard modifications must be approved by the
City Council. The ordinance contains standards that facilities may
be reduced to - these are not intended as absolute.
Street improvements and dedication minimums are based on the same
standards as a PUD. They are workable for low density, low demand.
However, if demand is greater the City may require more facilities.
Utilities and service will be the same as all other residential dev-
elopment except that sewering need not be done by public facility.
Alternative modes of sewering are permissible provided the system is
approved by code and adequacy and is determined by the Engineering
Department and County Health. Overhead utilities are permitted unless
PUC prohibits.
21.09.170 Covenants, Conditions and Restrictions. The. filing
o ^ a te.ntatlve. map tn an R-Elone. A hall Include, the. Aubmlttal o&
pnopoAe.d pnlvate. deed cove.nantA, condtttonA and ne.AtntcttonA.
The. pnovtAtonA o& the.Ae. docume.ntA Ahall pnovlde. aA a mtntmam: That
lotA tn the. R-E lone, may not be. ne.Au.bdtvtde.d; that the. matnte.nance. ofi
pntvate. pnope.nty tn a manne.n conAtAte.nt wttk the. panpoAe.A o& thtA zone,
be. ne.qutne.d; and that conttnatng an ade.qu.ate. matnte.nance. o£ pnope.nty
to be he.ld, tncludtng any pntvate. Atne.e.tA be. pnovtde.d Aach documzntatton
Ahall make. the. Ctty o£ CanlAbad aA panty and pnovtde.d that the.y may not
be. amended wtthoat the appnoval o£ the. Ctty Cou.nc.tl. The. C.C.S.R'A
mu.At be. appn.ove.d by the. Ctty Counctl pnton to appnoval o& the. fitnal
map, and the.y muAt be. ne.conde.d.
C.C.^R's are required in this zone to insure that properties will be
maintained to meet the goals of the zone. If one or a few owners wish
to change to higher density or other basic change, the majority of
owners involved in the C.C.^R's must occur. It is also anticipated
that there will be common facilities such as streets, equestrian trails,
recreation areas, etc., that will need to be regulated by the C.C.^R's.
The City Council will approve the C.C.^R's and amendments to insure
that the intent of the zone is fulfilled.
21.09.180 Findings Required for Rezoning or Resubdivision to a
More Intensive Usei Once, a R-E Zone haA been adopte.d, and AabdtvtAtonA
have. occu.ne.d ande.n the. above. pnovtAtonA, no ne.zontng on ne.AubdtvtAton
to a mone. tnte.nAtve. u.Ae. may be. gnante.d on any lot wtthout a fitndtng by
the. Ctty Counctl In addttton to othe.n ^tndtngA ne.qu.tne.d by law, that
an tmpnove.me.nt dtAtntct haA been &onme.d whtch will pnovlde. &on the.
financing oft the. lmpnove.me.ntA ne.ce.AAany to bntng all pabltc tmpnove.-
me.ntA, on and o^-Atte., to {,u.ll ctty AtandandA and Ape.ctfalcatlonA
applicable, at the. time, ofi Auch ne.zonlng on that Aald lmpnove.me.ntA have.
othe.nu)lAe. been pnovlde.d. ThlA ne.Atnlctlon Ahall be. made, a pant o& the.
C.C.B.R'A ne.qu.tne.d by Se.ctlon 21.09.J70.
.14
>• .
There is always the possibility that a R-E zone will be changed to
higher density in the future as circumstances change. To insure proper
transformation to higher density this section requires that an improve-
ment district be formed so that public facilities to meet demand and
higher density are met.
SECTION 5: Amend Chapter 21.42 Conditional Uses by adding R-E to
Section 21.42.010 as follows:
(B) R-E. R-A, R-7, R-2, R-3, R-P, RP-M, and P-C zone*.
This addition will allow residential care facilities in the R-E zone.
Residential Care has a limit of six persons under care. This amount
of people will not be detrimental to the zone. In fact the use may be
enhanced with the open areas and large distances between homes.
RECOMMENDATION:
It is recommended that ZCA-86 be adopted for the following reasons:
1) This zone is necessary to implement the General Plan Land Use
Category of low-density, especially as it pertains to the goals
of retaining agriculture, recreation and open areas in res-
idential areas and to retain natural terrain and scenic qualities.
2) This amendment meets the Carlsbad Environmental Protection
Ordinance of 1972 because a Negative Declaration was filed in-
dicating that there will be no adverse effects to the environment
and that this zone will protect the natural terrain and scenic
values of the rural areas.
3) This zone is desirable to create the various of housing types and
living conditions desirable in the City of Carlsbad.
Attachments:
Exhibit "A", Building Height Calculations.
Exhibit "B", Draft Ordinance dated, October 18, 1977.
BP/ar
10/20/77
ZCA-86 ( -
EXHIBIT A-"iuiLDING HEIGHT CALCULATIONS
ROOF TYPES:
FLAT PITCHED MANSARD
:
i
•*- s
^
f
•;|
f
\{ :c
ROAD
2--I FROWT a REAR GRADING
I
^_^^LOWE«T POINT
RETAINING WALLS
"Hi
STIN9 ^^j.
LEVEL — "~ -J
.
1 /
:
J
^ }v '
*
L
k
*^^
HEIOHT", X*Y
n r-
1 HEI6I
X
If 'U •J"
K ^. Jl
5 or P.L.
NOTE' UNLESS OTHERWISE INDICATED, HEIGHT IS MEASURED FIVE PEET OUT FROM BUILDINA WALL OR AT
PROPERTY LINE, WHICHEVER FIRST OCCURS.
PLANNING DEPARTMENT
10-21-77
MEMORANDUM
DATE: NOVEMBER 2, 1977
TO: PLANNING COMMISSION
FROM: PLANNING DEPARTMENT
SUBJECT: ZCA-86 RESIDENTIAL ESTATE ZONE (RESOLUTION NO-
At your October 26, 1977, hearing on the subject Zone Code Amendment, the
Planning Commission approved the amendment with some modifications. The City
directed staff to make these modifications and return the exhibit to the
Planning Commission for your final approval with the adoption of Resolution
No. 1^19. The following is an underline and cross-out of each section of
Exhibit "A" as modified by the Planning Commission at your public hearing.
Please review to determine if staff followed your direction correctly.
21.09.020 Permitted Uses
(0 One one-fami 1y dwelling unit per lot. The-mfnfmam-f toor-area-of-the
dwe 1 1 tng -anf t-shaH-be-efgh teen -hemdred-sqaare-feet7-dnder-fdH- roof
exetadtng-garages—porchesT-and-pattos.
(2) Grazing of ruminajit animals provided that
twe-feF-eaeh-aeFe-ef-lanel-aRd there is a minimum of 10 acres of land
used exclusively for such grazing and_ the number of horses and cattle
does not exceed 4 per acre, or small animals such as goats and sheep
not to exceed 12 per acre. For combining of animals, one large"
animal is equivalent to 3 small animals.
21.09.050 Conduct of Use Storage of all equipment, supplies, and recreation
vehicles shall be within enclosed buildings or shielded from view from public
streets or easements by landscape barrier or other methods, by-a-vfew-obsearfng
fenee-or-wa'H.
21.09.080 Front Yard. Every lot in the R-E Zone shall have a front yard
which as has a depth not less than seventy feet except for the following
ci rcumstances:
(l) Fences of wood, or wood and masonry combination, cha in 1 i nk or equal
quality, up to five feet in height provided the fence is at least 50
percent open are permitted within 10 feet of the front property line
(Cha 4 H-44-fik- fences- are-express ty~proh't&ttea~Trrf ron"E~yard7)
21.09.090 Side Yard. In an R-E Zone an interior side yard shall not be less
than 15 feet in width and street side yard shall not be less than 50 feet in
width. The Planning Commission may approve the location of dwellings and
garages up to 20 feet from the street side yard property line if the difference
in elevation of the required street side yard setback line and the center line
of the street exceedsJIO feet. Application for such reduction in required street
side yard setback shall be made by Site Development Plan as per Chapter 21.05
of this code.
21.09.160 Modifications of Public Improvements
(E) All or part of the required sidewalks, curbs, gutters or drainage
structures may be waived or modififed if it is found that such improvements
are unwarranted and would distract from the rural character of the area.
If such requirements are waived, the City Engineer may request that
draingage easements and/or drainage releases be made part of the Tract Map
to insure proper drainage over private property.
(F) Srade-and-carve-Radtas Horizontal and vertical alignment standards may be
modified or waived to reduce grading. In such cases, an adequate right-of
way shall be provided to accommodate possible future corrections to meet
City standards.
2. Utilities and Services as follows:
(A) Reqatrement-fer-pubHe-sewers-servtng-tots-tn-the-R-E-Zone-may-be
wafved-prevtded-that-aHerRatfve-sewer-dtspesat-systems-that-are-permttted
by-eode-are-feand-te-be-feasfbfe-for-eaeh-*otr--The-determTnatfen-of
saeh-adeqaaey-shaH-be-made-by-the-6artsbad-Engfneerfog-Department-tn-
consattatfon-wfth-the-GoBnty-HeaHh-Bepartment-at-tfme-of-Tentattve-SBb-
dtvfsfen-Map-Approvai. Public sewer systems shall be required to serve
lots in the R-E Zone unless.specifically waived by City Council. Such
waiver shall be conditioned on theinstallation of an alternative sewer
disposal system permitted by this code and found to be feasible for
each lot. The determination of the adequacy of such alternate system(s)
shall be based on detailed soil testing on each existing lot or proposed
lot of a tentative map.
No land in an R-E Zone shall be subdivided without bonded provisions for
a public sewer system, unless approved by the County Health Department
and the City Engineer, and the public sewer requirement waived by the
Council. In the event that public sewer systems are waived for R-E Zone
subdivision of land, there shall be the requirement to prepare plans for
a future public sewer system as a backup system. All easements required
to construct such a backup public sewer system shall be required as a
condition of final map recordatJon.
21.09.170
The-provfsrons-of As a minimum these documents shall provide include the following
provisions as-a-mfnfmam. That A)_ lots in the R-E Zone may not be resubdivided•
B) Minimum floor area for dwelling units shall be included: O maintenance of '
private property including private streets in a manner consistent with the purposes
of_this zone shall be included: be-reqatredr-and-that-eontTnatng-an-adeqaate
marntenance-of-property-te-be-heH-fnefadfng-any-prfvate-streets-be-prevfded. Such
documentation shall make the City of Carlsbad as party and provided that they may
not be amended without the approval of the City Council. The C.C.&R's must be
approved by the City Council prior to approval of the final map, and they must
The Planning Commission suggested that staff consider adding a section that
would require that this ordinance would become a part of the C.C.&R's. Staff
did not include this suggestion because the ordinance could change in time and
would be out of date in the C.C.&R's. The additional paper work would be very
bulky to the C.C.&R's, and development must meet all City requirements, not just
one section of it and lastly many of the sections of the ordinance did not lend
themselves to the C.C.&R text.
Recom'mendat ion:
It is recommended that Resolution No. 1^19 be adopted, as per Exhibit "B"
dated 11/3/77.
Attachment:
Resolution No. 1419 with Exhibit "B", dated 11/3/77
BP:ar