HomeMy WebLinkAbout1978-04-18; City Council; 5179-3; Rural-Residential Estate Zone^ CITY OF CARLSBAD* • • ••••i— •— .........— —
AGENDA BILL NO. 5179-Supplement #3 Initial:
Dept.Hd,
DATE: April 18, 1978 Q Afc
DEPARTMENT: City Attorney C. Mgr.
Subject:
RURAL-RESIDENTIAL ESTATE ZONE, ZCA-86
Statement of the Matter
The City Council, at your April 4, 1978 meeting, directed
the City Attorney to prepare the necessary documents
amending various Chapters of Title 21 of the Carlsbad
Municipal Code to revise the zoning regulations by add-
ing the Rural-Residential Estate Zone. The ordinance
adopting the zone code amendments is attached.
Exhibit
Ordinance No.
Recommendation
If the City Council wishes to implement the Rural-Residential
Estate Zone, your action is to introduce Ordinance No . *7/-
Council action
4-18-78 Ordinance #9498 was introduced for a first reading, to revise
the zoning regulations by adding the rural -residenti al estate
zone, with the amendment to provide for fire retardant roofs
in accordance with Section 3203-E of the Uniform BuildingCode. y
5-2-78 Ordinance #9498 was given a second reading and adopted.
D
o
£< *
t~j U. 2 —
§ °5i
S b ^g
S^i<
H: IU O .
POmIE 3:* < cc
Q,
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
ORDINANCE NO. 9498
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 BY ADDING THE RURAL-
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 the amendment of 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 the highest point of a mansard roof or 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 between 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), the building or structure height may me measured
vertically 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 pre-existing grade shall be used in the
determination of building or structure height. Pre-existing
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, Section 21.05.010 of
the Carlsbad Municipal Code is amended by the addition of the
following:
"R-E Residential Estate"
1
2
3
4
5
6
7
8
9
10
11
12Q
CO
3 § 13
a: < g
o- " 3 | 14Q ° z ?o >- > o2 (- ^ u. -1Cm 0 5 3 -1-0
£ ^ § o- 16
lit, ^ <N <O CC *~ rn
Z O CO>t 5! 17
0
5 18
19
20
21
22
23
24
25
26
27
28
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:
"(3) Uses permitted in the R-A Zone, the O-S Zone, the
E-A Zone and the R-E Zone shall be considered to be as restrictive
as those permitted in the R-l Zone, except that those uses
pertaining to animals shall be considered as 'more restrictive
uses' for the purposes of this section".
SECTION 4: Title 21 of the Carlsbad Municipal Code is
hereby amended by the addition of Chapter 21.09 to read as follows:
"Chapter 21.09
R-E Rural Residential Estate
Sections :
21.09.010 Intent and purpose.
21.09.020 Permitted uses.
21.09.030 Permitted accessory uses and structures.
21.09.040 Uses and structures permitted by conditional
use permit.
21.09.050 District requirements.
21.09.060 Storage requirements.
21.09.070 Building height.
21.09.075 Fire retardant roof required.
21.09.080 Front yard.
21.09.090 Side yard.
21.09.100 Placement of buildings.
21.09.110 Minimum lot area.
21.09.120 Lot width.
21.09.130 Lot coverage.
21.09.140 Parking.
21.09.150 Subdivision of land in the R-E Zone.
21.09.160 Modifications of public improvements.
21.09.170 Covenants, conditions and restrictions.
21.09.180 Findings required for rezoning or resubdivision
to a more intensive use.
21.09.010 Intent and purpose. The intent of the R-E Zone
is to provide a residential area in harmony with the natural
terrain and wildlife. Where feasible or desirable there are to
be large open areas between structures, large yards, and areas left
in a natural setting. The zones shall be limited to single family
///
///
re K~T) *-•O
§"s
CT>i s
o
H UJ2! 2
O Oz H
>-S
VL
oS Q
5:2
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
development with incidental and compatible agricultural uses.
Public facilities shall be sufficient to provide for convenience
and safety, but need not meet full City standards.
2^1.09.020 Permitted uses. In an R-E Rural Residential
Estate Zone, only the following uses are permitted 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 exceed 12 per acre. For combining
of animals, one large animal is equivalent to 3 small,
animals.
(3) Crop production.
(4) Floriculture.
21.09.030 Permitted accessory uses and structures. If a
one-family dwelling unit exists on a lot, the following accessory
uses and structures.are permitted on such lot on the same terms as
the permitted uses specified in Section 21.09.020:
(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
animals shall not exceed one for each 20,000 square
feet of land specifically designated for such animal.
(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
other similar accessory uses required for the conduct
of the permitted uses.
(5) Greenhouses less than 2,000 square feet, provided all
requirements for yards, setbacks 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.
3.
0) o
• — Cv0" ^~~ Cx'"-> ^ Gl
° -<
p o i'5t- LJ Cio > > o
*- >. u o
H LU o .
z: 2 p Q
I r J (V '^ .—"
S£-1
fi
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(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 permissible in this chapter, provided
further that no more than one motor vehicle may contain
equipment, tools and stock in trade maintained therein
provided such tools and equipment are not used for
the performance of services upon the premises and the
stock in trade is not sold from the premises.
21.09.040 Uses and structures permitted by conditional
use permit. Subject to the provisions of Chapter 21.50, the
following uses and structures are permitted by 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, Residential 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/or horse-boarding facilities.
(3) Greenhouse greater than two-thousand square feet,
provided all requirements for yards, 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 produce raised on the
site.
21.09.050 District requirements. The R-E Zone shall not
be applied to any area of less than 10 acres of contiguous land.
Property separated by a public street shall be considered
contiguous if more than 100 feet of frontage is on direct opposite
sides of the street.
21.09.060 Storage requirements. Storage of all equipment,
supplies, and recreation vehicles shall be within enclosed
buildings or shall be shielded from view from public streets or
easements by landscape barrier or other methods.
21.09.070 Building height. No building in the R-E Zone
shall exceed a height of 35 feet.
2^1.09.075 Fire retardant roof required. All buildings in
the R-E Zone shall be constructed with a fire retardant roof cover-
ing as defined in Section 3203(e) of the 1976 Edition of the
Uniform Building Code.
4.
csVI-I
£ <• o
C O 2 •'••'- *£. LJ 0"2 H < Pa <3 s "•
V- w o .z '•: o Qu D: ^ <P o ca
ig I
BUl
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
21.09.080 Front yard. Every lot in the R-E Zone shall
have a front yard which has a depth of not less than 70 feet.
Building or structures may occupy a portion of the front yard
as follows:
(1) Fences of wood or wood and masonry combination, chain
link or equal quality, not to exceed 5 feet in height,
provided the fence is at least 50 percent open and
is located at least 10 feet from the front property
line.
(2) Roofed shelter for animals open on at least three sides
provided it is located at least 20 feet from any
property line fronting on a public street or easement.
(3) The Planning Commission may approve the construction
of dwellings and garages provided they are located
at least 20 feet from the street property line in cases
where the difference in elevation of the required front
yard setback line and the center line of the street
exceed 15 feet. Application for such reduction in
required front yard setback shall be made by Site
Development Plan as per -Chapter 21.06 of this code.
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 construction of dwellings and garages provided they
are located at least 20 feet from the street side yard property
line in cases where the difference in elevation of the required
street side yard setback line and the center line of the street
exceeds 10 feet. Application for such reduction in required
street side yard setback shall be made by Site Development Plan
as per Chapter 21.06 of this code.
21.09.100 Placement of buildings. Placement of buildings
on any lot shall conform to the following:
(1) Except as permitted by Sections 21.09.080 and 21.09.090,
no building shall occupy any portion of a required yard.
(2) Any building, any portion of which is used for human
habitation, shall observe a distance from any rear
property line the equivalent of twice the required
interior side yard.
(3) The distance between buildings used for human
habitation and detached accessory buildings shall
not be less than 10 feet.
(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 within 25 feet of any property
line.
D<•
CD r-,
CO o
r: ii ci
".5 "
g £ " ^% ° :, ?•-o > ; p
s o j ri
u- si -1 o
|~ Ll 0 .•Z. '••- ° Qu.1 c: ^ <
O O CDS t 3>fe «
£ °-ta
!
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
/•*. ^
W ' W
(5) A building permit for a dwelling unit to be located
further than 500 feet from. a fire hydrant shall not be
issued without the approval of the Fire Chief. The
Fire Chief may require the installation of additonal
safety equipment, including fire hydrants or stand
pipes as a condition of such approval.
21.09.110 Minimum lot area. The minimum required area of
a lot in the R-E Zone shall be determined by average natural
slope of each lot proposed for the property. In no case shall a
lot be created with an area of less than one acre. The area of
a lot shall be determined by the application of the following
formula:
(1) Lot Area
Average Natural Slope Minimum Lot Size
0% to 12.5% 1 acre
12.5% to 20% 2 acres
20% to 25% 3 acres
Over 25% 4 acres
(2) Average natural slope shall be determined when the
property is subdivided. The subdivision map shall
indicate the proposed boundaries of each lot and the
natural slope of each lot. To calculate average
natural slope, the subdivision map shall be drawn to
an appropriate scale (not greater than one inch
equals 200 feet) and contain contour intervals not
greater than 5 feet. Computation of the average
natural slope shall be done using the following
formula :
S = 0.00229 X I X L
A
Where S = Average natural slope in percent
I = Contour interval in feet
L = Length of contour in feet
A = Acres of area being measured
0.00229 = Constant which converts square feet into acres and
expresses slope in percent
The average natural slope shall be certified by a registered Civil
Engineer.
(3) When the subdivision is approved and recorded, the lot
areas contained therein shall be a part of the zoning
restrictions imposed on the subject property by this
chapter.
6.
D
o ooVI
c
i°!io r > o
"• >. b' o
K HJ O .•z. z: ° a
O o M mS ^ OT
>- < EC
g S
PJ
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
21.09.120 Lot width.
(1) In the R-E Zone, every lot created shall have a
minimum 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 flagshaped
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 access
portion (handle) shall meet the minimum area
requirement of the R-E Zone.
(B) The width requirement for the buildable portion
of the lot shall be as required for lots in the
R-E Zone.
(C) The yard requirements of the R-E Zone shall be
met except that front yard setbacks may be reduced
to 30 feet.
(D) The minimum width of the access portion shall be
24 feet except where the access portion is adjacent
to the same portion of another such lot, in which
case the required minimum width shall be 15 feet,
provided a joint easement ensuring common access
of a minimum width of 30 feet to both such
portions is recorded.
(E) An improved driveway shall be provided within
the acess portion of the lot from a public street
or public easement to the parking area on the
buildable portion of the lot which is 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 24
feet in length with proper turnaround space to
permit complete turnaround for forward access
to the street. This parking and access arrangement
shall be designated 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 42 inches in height if
located within 20 feet of the street property line
or greater than 6 feet in height beyond this point.
7,
Q
OH
CO COocC-J
cn
z,
:
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(H) The property owner of such a lot shall agree to
hold the City or any other public service agency
harmless from liability for any damage to the
driveway when being used to perform a public
service.
21.09.130 Lot coverage. All buildings including accessory
buildings and structures, excluding greenhouses, shall not cover
more than 20 percent of the area of the lot.
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 Subdivision of land in the R-E zone. The sub-
division of land in the R-E Zone shall be subject to the following:
(1) Subdivisions shall be subject to all provisions of the
City's subdivision regulations (Title 20) except as
specified in"Section 21.09.160 of this chapter.
(2) In addition, the City Council will review the tentative
map for compliance with the intent and purpose of the
R-E Zone and with the following standards:
(A) Preservation of the rural and natural characteristics
of the area within the R-E Zone.
(B) That the orientation of improvements on the individ-
ual sites to relate with the natural topography.
(C) Property lines shall be designed in keeping with the
terrain by following natural drainage courses,
ridge lines, and tops of graded slopes wherever
practicable.
(D) Grading to be minimized but where grading is
necessary it is to blend with the natural topography
wherever practicable.
(E) Favorable features of the individaul sites (i.e.,
mature trees and other significant vegetation,
rock outcroppings, mounds, view, etc.) can be
preserved and maximized.
(F) The individual sites will have a desirable visual
appearance from all practical view points (adjoining
developments, streets, trails, and other view
corridors.
(G) Each lot of the subdivision is buildable with
usable access without undo alteration of the
terrain.
(3) To facilitate this review, the applicant shall submit
a preliminary grading plan to the City with the
Tentative map. The preliminary grading plan shall show
existing topography, preliminary grading, drainage/
cato K)
rO r- (••o <• o'). o
O u. S <
° O ^ i"s- 5 c-.O ^ > O
" r, - ^
i- U!
O o rt m2 (-• co»^~ r~* «-i
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
drives, building pads, streets and trails. In addition,
the preliminary grading plans shall indicate all areas
of mature trees and native perennial vegetation.
(4) In addition to the findings" required by Title 20 and
the Subdivision Map Act, the City Council must also
find that a subdivision is consistent with the require-
ments of this section. Failure of a subdivision to
meet the standards of this section shall be grounds
for denial.
21.09.160 Modifications of public improvements, (a) All
public facilities, dedications and improvements shall be required
in accord with the Carlsbad Municipal Code and adopted policies
and standards of the City of Carlsbad. However, as hereinafter
provided, the City Council may modify certain special public
improvement standards provided the design of these modified
improvements is related to the function, topography and needs
of the area. Any such modifications shall be reflected as
conditions of approval to a tentative subdivision map.
(b) Street improvements and dedications for streets inside
subdivisions may be modified as follows:
(1) Right-of-way for streets may be reduced provided that
they not be reduced to less than 40 feet.
(2) Parking lane may be deleted on one side of streets.
(3) Pavement width may be reduced on streets serving eight
or less units to 28 feet parking one side, or 32 feet
parking both sides.
(4) Pavement width may be reduced on streets serving more
than eight units to 30 feet parking one side, or 36
feet parking both sides.
(5) All or part of the required sidewalks, curbs, 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 requrements are waived, the City Engineer may
require that drainage easements and/or drainage
releases be made part of the tract map to insure proper
drainage over private property.
(6) 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 accom-
modate possible future corrections to meet City
standards.
(7) The City Council shall have the option of requiring
that street right-of-way shall be privately maintained
under a property owners association or may accept an
offer of dedication. If privately owned, the streets
shall be open to the public by easement.
(c) Public sewer systems shall be required to serve each lot
in the R-E Zone unless specifically waived by City Council. Such
9.
VINCENT F. B1CNDO, JR.KITY ATTORNEY - CITY OF CA.r?LS3AD12QO HIM AVENUECARLSBAD, CALIFORNIA 920031
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
^ • . *~*
""W VT
waiver shall be conditioned on the installation of an alternative
sewer disposal system permitted by this code and found by the
City Council to be feasible for each lot. The determination of
the adequacy of such alternate system shall be based on detailed
soils testing on each existing or proposed lot as provided for by
the County Health Department.
If an alternate system is approved the subdivider shall pre-
pare plans for a future public sewer system as a backup system.
Dedication of all easements necessary to construct such a backup
public sewer system shall be required as a condition of final map
approval,
(d) Any modification pursuant to this section shall not relieve
the subdivider from providing public facilities, dedications and
improvements that also provide services necessary for the welfare
of the general public as required by the general plan, applicable
specific plans, or City ordinances or policies.
21.09.170 Covenants, conditions and restrictions. The filinc
of a tentative map in an R-E Zone shall include the submittal of
proposed private deed covenants, conditions and restrictions. As
a minimum these documents shall include the following providions :
(1) Lots in the R-E Zone may not be resubdivided.
(2) Minimum floor area for dwelling units shall be included.
(3) Provisions for the maintenance of private property,
including private streets, pedestrian and equestrian
trails and open areas, are in a manner consistent with
the purposes of this zone.
(4) The City of Carlsbad shall be a party.
(5) They may not be amended without the approval of the
City Council. The CC&R's must be approved by the City
Council prior to approval of the final map and they
must be recorded.
21.09.180 Findings required for rezoning or resubdi vision
to a more intensive use. Once an R-E Zone has been adopted and
subdivisions have occurred under the provisions of this chapter, no
rezoning or resubdivision to a more intensive use may be granted
on any lot without a finding by the City Council in addition to all
other findings required by law, that an improvement district
has been formed which will provide for the financing of the
improvements necessary to bring all public improvements, on and
off site, to full City standards and specifications applicable
at the time of such rezoning or that said improvements have other-
wise been provided. This restriction shall be made a part of the
CC&R's required by Section 21.09.170."
SECTION 5: That Title 21, Chapter 21.42, Section 21.42.010
of the Carlsbad Municipal Code is hereby amended by the amendment
of the first line of Subsection (8) to read as follows:
10.
•
n 03
!j °
ei < S!
o ,. y ^£ b £ z
^ f- 5 °
i "• • -" <C"• >. Ll o
)-- UJ o „Z -- S QLU K J <o o caxi- w
> < a::_; <fc- °'
^5'
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
/••* "***
"(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
adoption of this ordinance and cause it to be published at least
once in the Carlsbad Journal within fifteen days after it adoption
INTRODUCED AND FIRST READ at a meeting of the Carlsbad
City Council held on the 18th day of April , 1978 and
thereafter
PASSED AND ADOPTED at a meeting of said City Council held
on the 2nd day of May , 1978, by the following vote,
to wit:
AYES: Councilmen Packard, Skotnicki, Anear and
Counci 1 woman Casler
NOES: None
ABSENT: None ^"-~~~"~? x""")
i S *n "~ /. j£r .x"*"""^ — " — ^"^ £s^&S(-#-K s+^t*?*-. XL ^t^^-^^^'-^A
RONALD C. PACKARD, Mayor
ATTEST:
Vl/^,/,,?* r tf&«*f^MARGARET E. ADAMS / City Clerk* /
(SEAL)
11.
_ —• —*!.-^ ""•«* v1 -.
.\ in