HomeMy WebLinkAbout2004-09-21; City Council; 17797; Residential General Plan and Zoning ConsistencyAB# 17,797
MTG. 9/21/04
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CITY OF CARLSBAD -AGENDA BILL
Planning City Coastal
Commission Council Commission
RA X NEGATIVE DECLARATION
- TITLE:
RESIDENTIAL GENERAL PLAN AND ZONING
CONSISTENCY AMENDMENTS
GPA 03-1 3/ZCA 03-021LCPA 03-1 2
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DEPT. HD.
CITY ATTY.
CITY MGR
GPA03-13 RA X
ZCA03-02 RA X
LCPA 03-1 2 RA X s
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RECOMMENDED ACTION:
That the City Council INTRODUCE Ordinance No. NS-718 , APPROVING amendments
to the residential regulations in the Zoning Ordinance (Zone Code'Amendment - ZCA 03-02)
including the errata, dated August 4,2004, and ADOPT Resolution No. 2004-301 , a
Negative Declaration and Addendum and APPROVING amendments to the residential policies in the
General Plan (General Plan Amendment - GPA 03-13 and Local Coastal Program Amendment -
LCPA 03-12), including the errata, dated August 4,2004, based upon the findings contained therein.
ADOPTING
ITEM EXPLANATION:
The project consists of an amendment to the residential policies and land use designations in the
General Plan and the residential regulations in the Zoning Ordinance. The purpose of the proposed
amendments is to ensure consistency between the General Plan and Zoning Ordinance; and also to
ensure consistency between City policies and State law. The proposed amendments include the
following:
GENERAL PLAN AMENDMENT:
1. Specify that residential density shall not be permitted below the low end of the density range,
except that a provision will be added to allow a one-family dwelling on any existing residential lot,
regardless of density.
2. Clarify the intent and purpose of each residential land use designation, which includes a proposal
to allow dwelling types other thafi one-family dwellings, subject to a planned development permit,
in the RL and RLM land use designations on sites that contain sensitive habitat.
3. Incorporate the provisions of Government Code Section 65863, which restricts the City's ability to
reduce residential densities below the density utilized to determine compliance with housing
element law.
ZONING ORDINANCE /LOCAL COASTAL PROGRAM AMENDMENT:
1. Reformat residential zone chapters to list all permitted and conditionally permitted uses; and
amend or delete some permitted uses for consistency with the General Plan.
2. Clarify which land use designation each zone is intended to implement.
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PAGE 2 OF AGENDA BILL NO. 17,797
3. Modify residential standards to ensure consistency with General Plan policies (e.9. amend the
minimum lot area in certain zones to ensure the zone can implement the General Plan density
require men ts).
4. Amend the Planned Development (PD) regulations to allow a PD in the R-1 Zone when a site
contains sensitive habitat; and amend the PD regulations to no longer allow “small-lot single-
family” development in the RH land use designation.
The proposed amendments are part of a larger, City-initiated project called the “General Plan/Zoning
Consistency Program” (GPZCP). The GPZCP is a multi-part project aimed at achieving consistency
between the General Plan and Zoning Ordinance. There are several components of the GPZCP,
one of which is to determine the zone classification that is intended to implement each of the general
plan land use designations. In doing this analysis, staff has identified several amendments that are
necessary to both the General Plan and Zoning Ordinance to achieve consistency between the land
use designations and zone classifications.
The current proposal is focused only on the residential General Plan land use provisions and Zoning
Ordinance regulations. Amendments for consistency between the non-residential land use
designations and zones will be brought fonvard as separate proposals at a later date.
On June 16, 2004 and July 21, 2004, public hearings were held by the Planning Commission to
consider the proposed amendments. At the June 16‘h hearing, three members of the Planning
Commission (White, Baker and Montgomery) expressed concerns with staffs recommendation to no
longer allow development at a density below the low end of the density range. The Commission
voted to continue the item to the July 21” hearing. At the July 21“ hearing the Planning Commission
voted 4-2 to recommend the proposed ordinance be amended to add two exceptions to requiring
development to meet the low end of the density range. The two exceptions would allow development
below the low end of the density range in the following circumstances:
1. When a lot is legal nonconforming, or when two legal nonconforming lots are consolidated into
one lot; and
2. When a legal lot is developed with one or more residential units that existed as of the effective
date of the ordinance; provided, the existing unit(s) are to remain and it is not feasible to
construct the number of additional units needed to meet the minimum density without requiring
the removal of the existing units.
As amended, the Planning Commission voted unanimously to recommend approval of the proposed
GPA, ZCA and LCPA. At the July 21“ hearing, Scott Malloy, representing the Building Industry
Association (BIA), spoke in support of the proposed amendments. No other members of the public
spoke in regard to the project. The Planning Commission’s discussion at both hearings is reflected in
the meeting minutes (Exhibit 5). Staffs analysis of the proposed amendments is contained in the
Reports to the Planning Commission, dated June 16, 2004 and July 21, 2004 (Exhibit 6).
Staff has included an errata sheet (Exhibit 3), recommending that “wireless telecommunication
facilities” be added to the “Permitted Uses” table of each residential zone chapter as a conditionally
permitted use. The use is currently permitted in all zones with a conditional use permit, but was
inadvertently not included in the proposed ordinance, and the error was not identified prior to
Planning Commission’s review of the project. Staff recommends that the City Council include the
errata sheet in their approval of the proposed ordinance.
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PAGE 3 OF AGENDA BILL NO. 17,797
ENVIRONMENTAL:
The Planning Commission has determined that the proposed project could not have a significant
effect on the environment, and recommends adoption of a Negative Declaration and Addendum.
The Negative Declaration and Addendum are attached to City Council Resolution No. 2004-301 .
FISCAL IMPACT:
The only anticipated fiscal impact would be from staff time required to complete the amendment
process through the Coastal Commission, and to process future development proposals subject to
the amended policies and regulations.
EXHIBITS:
1. City Council Ordinance No. NS-718
2. City Council Resolution No. 2004-301
3. Errata sheet
4.
5.
6.
Planning Commission Resolutions No. 5650, 5651, 5652 and 5653
Staff Reports to the Planning Commission, dated June 16, 2004 and July 21, 2004
Excerpts of Planning Commission Minutes, dated June 16,2004 and July 21,2004.
DEPARTMENT CONTACT: Jennifer Coon, (760) 602-4637, jcoon@ci.carlsbad.ca.us
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ORDINANCE NO. NS-718
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA AMENDING TITLE 21 OF THE
MUNICIPAL CODE BY AMENDING THE RESIDENTIAL
REGULATIONS IN THE ZONING ORDINANCE TO ENSURE
CONSISTENCY BETWEEN THE GENERAL PLAN AND ZONING
ORDl NANCE.
CASE NAME: RESIDENTIAL GENERAL PLAN AND ZONING
CONSISTENCY AMENDMENTS
CASE NO.: ZCA 03-02
The City Council of the City of Carlsbad, California does ordain as follows:
SECTION 1: That the listing of "Section 21.04.1 35'' in the "Sections" list at the
beginning of Chapter 21.04 of the Carlsbad Municipal Code is amended to read as follows:
21.04.1 35 Dwelling, multiple-family.
SECTION 2: That Section 21.04.030 of the Carlsbad Municipal Code is amended
to read as follows:
21.04.030 Apartment.
occupied or suitable for occupancy as a residence for one family.
"Apartment" means a room, or a suite of two or more rooms in a multiple-family dwelling,
SECTION 3: That Section 21.04.1 15 of the Carlsbad Municipal Code is amended
to read as follows:
21 .04.115 Dwelling.
"Dwelling" means a building or portion thereof designed exclusively for residential
purposes, including one-family, two-family and multiple-family dwellings, but does not include
commercial living units.
SECTION 4: That Section 21.04.135 of the Carlsbad Municipal Code is amended
to read as follows:
21.04.135 Dwelling, multiple-family.
"Multiple-family dwelling" means a building, or portion thereof, designed for occupancy
by three or more families living independently of each other, and containing three or more
dwelling units.
SECTION 5: That Chapter 21.08 of the Carlsbad Municipal Code is amended to
read as follows:
Ill
Ill
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21.08.010
21.08.020
21.08.030
21.08.040
21.08.050
21.08.060
21.08.070
21.08.080
21.08.090
21 .08.100
Chapter 21.08
R-A RESIDENTIAL AGRICULTURAL ZONE
Intent and Purpose.
Permitted Uses
Building Height.
Front Yard.
Side Yards.
Placement of Buildings.
Minimum Lot Area.
Lot Width.
Lot Coverage. Development Standards.
21.08.010 Intent and Puroose.
A. The intent and purpose of the R-A Residential Agricultural zone is to:
1.
2.
Implement the Residential Low Density (RL) and Residential Low-Medium
Provide regulations and standards for the development of one-family
Density (RLM) land use designations of the Carlsbad General Plan; and
dwellings, and other permitted or conditionally permitted uses, as specified in this chapter.
21.08.020 Permitted Uses.
In an R-A zone, notwithstanding any other provision of this title, only the uses
listed in Table A, below, shall be permitted subject to the requirements and development
standards specified in this chapter, and subject to the provisions of Chapter 21.44 governing off-
street parking requirements.
The uses permitted by conditional use permit, as indicated in Table A, shall be
subject to the provisions of Chapters 21.42 and 21 50.
A.
B.
TABLE A
PERMllTED USES I In the table, below, subject to all applicable permitting and development requirements of the I
Municipal Code:
0 “P indicates use is permitted
0 “CUP” indicates use is permitted with approval of a conditional use permit.
0 “Acc” indicates use is permitted as an accessory use.
USE
Accessory buildings/structures (ex. garages, workshops, tool sheds, patio
covers, decks, etc.) (see note 1, below) (defined: Sec. 21.04.020)
Agricultural crops
Agricultural labor housing
Agricultural stand (for display of products raised on premises) (“stand“
defined: Sec. 21.04.320)
Animal keeping (household pets), subject to Sec. 21 S3.084
Animal keeping/grazing (horses, sheep or bovine animals), excluding
dairies (see notes 2 & 4, below)
Animal keeping (poultry, rabbits, chinchillas and any fur bearing animals for . - .. domestic or commercial purposes) (see notes 3 & 4, below)
Animal keeping (wild animals), subject to Sec. 21 53.085
~ I Aquaculture (defined: Sec. 21.04.036)
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USE
Biological habitat preserve, subject to Sec. 21.42.01 O( 15)(A) (defined: Sec.
Campsites (overnight), subject to Sec. 21.42.01 0(2)(H)
21.04.048)
Cemeteries
TABLE A, continued
P CUP Acc
X
X
X
- 21.04.147)
21.04.1481
Family day care home (small), subject to Chap. 21.83 (defined: Sec.
I XI ~ I Churches
X
Dumps (publicdtemporary) (defined: Sec. 21.04.11 0)
Dwelling, one-family (defined: Sec. 21.04.1 25)
Golf courses (see note 5, below)
Greenhouses (2,000 square feet maximum)
Greenhouses > 2,000 square feet, subject to Sec. 21.42.010(2)(F)
Home occuDation. subiect to Sec. 21.10.040
I Family day care home (large), subject to Chap. 21.83(def$ed: Sec. I
~ ~ X
X
X
X __
Mobile home (see' not; 6, below) (defined: Sec. 21.04.266)
Packinghorting sheds (600 square feet maximum)
Packing/sorting sheds > 600 square feet, subject to Sec. 21.42.010(2)(F)
Plant nursery/nursery supplies
Public buildinas
-.
X
X
X
X
X Y __ I Publiclquasi-public accessory utility buildings/facilities (see note 7, below)
Satellite lV antennae, subiect to Sec. 21.53.130 - 21.53.150 (defined:
X
X
21.53.090 and 21 53.1 10 .
Wireless Telecommunication Facilities
Zoos (private), subject to Sec. 21.42.010(2)(K) (defined: Sec. 21.04.400)
I Sec. 21.04.3021 - II I I
X
X
I Schools. Dublic/Drivate (defined: Sec 21.04.140)
Second dwelling unit, subject to Sec. 21.1 0.030 (defined: Sec.
Signs, subject to Chap. 21.41 (defined: Sec. 21.04.305)
21.04.303)
~~ I Temporary bldg./trailer (realestate or -construction), subject to Sec.
t" 1
Note:
Private garages (defined: Sec. 21.04.150) shall accommodate not more than four
cars; however, additional garage or implement shelters may be erected, maintained and used
on sites of ten acres or more, provided that such structures shall not occupy any required yard
space.
On sites of four (4) acres or less, there shall not be more than two (2) horses, or
two (2) sheep or two (2) bovine animals per acre of ground devoted to feed such animals
(excluding feed lots). Poultry, rabbits and other fur bearing animals shall be confined at all times within
an enclosure.
The keeping of all domestic animals provided for in this section shall conform to
all other provisions of law governing the same, and no fowl or animal, or any pen, coop, stable,
or barn, shall be kept or maintained within forty (40) feet of any building used for human
habitation located on adjoining property, or within forty (40) feet of any street or public property.
A conditional use permit is not required for a golf course if it is approved as part
of a master plan for a planned community development.
Mobile homes must be certified under the National Mobilehome Construction and
Safety Standards Act of 1974 (42 U.S.C. Section 5401 et seq.) on a foundation system pursuant
to Section 18551 of the State Health and Safety Code.
1)
2)
3)
4)
5)
6)
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7) Publidquasi-public accessory utility buildingslfacilities include, but are not limited
to, water wells, water storage, pump stations, booster stations, transmission/distribution
electrical substations, operating centers, gas meteringkegdating stations, or telephone
exchanges, with the necessary accessory equipment incidental thereto.
21.08.030 Buildinq Heiqht.
No building in the R-A zone shall exceed a height of thirty feet and two stones if a
minimum roof pitch of 3:12 is provided or twenty-four feet and two stories if less than a 3:12 roof
pitch is provided for lots under twenty thousand square feet.
Single-family residences on lots with a lot area of twenty thousand square feet or
greater and within an R-A zone and specifying a -20 or greater area zo.ning symbol shall not
exceed thirty-five feet and three stories with a minimum roof pitch of 3:12 provided. (Ord. NS-
204 Q 6,1992: Ord. NS-180 Q 11, 1991: Ord. 9060 Q 401)
A.
B.
21.08.040 Front Yard.
Every lot in an R-A zone shall have a front yard which has a depth not less than
twenty feet, except that on key lots and lots which side upon commercially or industrially zoned
property, the required front yard need not exceed fifteen feet. (Ord. 9060 3 502)
A.
21.08.050 Side Yards.
A. In the R-A zone every lot shall have side yards as follows:
1. Interior lots shall have the following side yards:
a. A side yard shall be provided on each side of the lot which side
yard has a width equal to ten percent of the lot width; provided, that such side yard shall not be
less than five feet in width and need not exceed ten feet;
The planning director may approve a reduction in width of one
side yard provided that the opposite side yard is increased in width by an amount equal to the
reduction. The reduced side yard shall not be less than five feet in width nor shall it abut a lot or
parcel of land with an adjacent reduced side yard, nor shall the increased side yard have a
width of less than ten feet; and
C. In the event special circumstances exist, such as extreme
topographical features and/or irregular shaped lots (such as those which front on cul-de-sacs),
the planning director may approve the application of a reduced side yard adjacent to a reduced
side yard, subject to the following condition: i. A minimum of ten feet between buildings shall be
maintained.
Corner lots and reversed corner lots shall have the following side yards:
a. On the side lot line which adjoins another lot, the side yard shall
be equal to ten percent of the lot width; provided that such side yard shall not be less than five
feet in width and need not exceed ten feet; and
b. On the side street, the width of the required side yard shall be ten
feet and such side yard shall extend the full length of the lot. (Ord. 1256 Q 7 (part), 1982; Ord.
9343 Q 1,1973: Ord. 9060 Q 403)
b.
2.
21.08.060 Placement of Buildinas.
A. Placement of buildings on any lot shall conform to the following:
1. Interior Lots:
a.
b.
No building shall occupy any portion of a required yard;
Any building, any portion of which is used for human habitation,
shall observe a distance from any side lot line the equivalent of the required side yard on such
lot and from the rear property line the equivalent of twice the required side yard on such lot;
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c. The distance between buildings used for human habitation and between buildings used for human habitation and accessory buildings shall be not less then ten
feet;
d. All accessory structures shall comply with the following
development standards:
1. The lot coverage shall include accessory structures in the
lot coverage calculations for the lot,
ii. The distance between buildings used for human habitation
and accessory buildings shall be not less than ten feet,
iii. When proposed on a lot adjoining native vegetation,
accessory structures within a fire suppression zone must be reviewed and approved by the fire
department,
iv. Accessory buildings, by definition, do not share a common
wall with the main dwelling unit structure,
V. Buildings shall not exceed one story,
vi. Building height shall not exceed fourteen feet if a minimum
roof pitch of 3:12 is provided or ten feet if less than a 3:12 roof pitch is provided;
e. Second dwelling units constructed above detached garages,
located within a lot's buildable area, pursuant to Section 21.10.030.E.4. of this title are not
subject to the one-story/fourteen-foot height limitation imposed on accessory structures;
f. Habitable detached accessory structures shall comply with all
requirements of the zone applicable to placement of a dwelling unit on a lot including setbacks;
g. Detached accessory structures, which are not dwelling units and contain no habitable space, including but not limited to garages, workshops, tool sheds, decks
over thirty inches above grade, and freestanding patio covers shall comply with the following
additional development standards when located within a lot's required setback areas: The maximum allowable building area per structure shall
not exceed a building coverage of four hundred forty square feet,
The following setbacks shall apply: A front yard setback of
twenty feet, a rear yard setback of five feet, a side yard setback of five feet, and an alley
setback of five feet,
iii. The maximum plumbing drain size shall be one and one-
half inches in diameter so as to prohibit toilets, showers, bathtubs and other similar fixtures,
iv. The additional development standards listed above
(subsections 21.08.060A.1 .g.i through iii of this section) shall apply to the entire subject
accessory structure, not just the portion encroaching into a lot's setback area; and
The provisions of this section are applicable notwithstanding the
permit requirements contained in Section 18.04.01 5 of this code.
No building shall occupy any portion of a required yard;
The distance between buildings used for human habitation and
between buildings used for human habitation and accessory buildings shall not be less than ten
feet;
Any building, any portion of which is used for human habitation,
shall observe a distance from the rear property line the equivalent of twice the required interior
side yard on such lot;
d. All accessory structures shall comply with the following
development standards:
The lot coverage shall include accessory structures in the
lot coverage calculations for the lot,
The distance between buildings used for human habitation
and accessory buildings shall be not less than ten feet,
1.
ii.
h.
Corner Lots and Reversed Corner Lots:
a.
b.
2.
c.
i.
ii.
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iii. When proposed on a lot adjoining native vegetation,
accessory structures within a fire suppression zone must be reviewed and approved by the fire
department,
iv. Accessory buildings, by definition, do not share a common
wall with the main dwelling unit structure,
V. Buildings shall not exceed one story,
vi. Building height shall not exceed fourteen feet if a minimum
roof pitch of 3: 12 is provided or ten feet if less than a 3: 12 roof pitch is provided,
e. Second dwelling units constructed above detached garages,
located within a lot’s buildable area, pursuant to Section 21.10.030.E.4. of this title are not
subject to the one-story/fourteen-foot height limitation imposed on accessory structures; Habitable detached accessory structures shall comply with all
requirements of the zone applicable to placement of a dwelling unit on a lot including setbacks;
Detached accessory structures, which are not dwelling units and
contain no habitable space, including but not limited to garages, workshops, tool sheds, decks
over thirty inches above grade, and freestanding patio covers shall comply with the following
additional development standards when located within a lot’s required setback areas:
The maximum allowable building area per structure shall
not exceed a building coverage of four hundred forty square feet,
The following setbacks shall apply: A front yard setback of
twenty feet, a rear yard setback of five feet, a side yard setback of five feet, and an alley
setback of five feet,
iii. The maximum plumbing drain size shall be one and one-
half inches in diameter so as to prohibit toilets, showers, bathtubs and other similar fixtures,
iv. The additional development standards listed above
(subsections 21.08.060A.2.g.i through iii of this section) shall apply to the entire subject
accessory structure, not just the portion encroaching into a lot’s setback area, and
h. The provisions of this section are applicable notwithstanding the
permit requirements contained in Section 18.04.015 of this code. (Ord. NS-355 $5 3, 4, 1996;
Ord. NS-243 95 2--4, 1993; Ord. 9060 § 404)
f.
g.
1.
ii.
21.08.070 Minimum Lot Area.
The minimum required area of a lot in the R-A zone when the zone implements
the RL land use designation, shall be not less than one-half acre (21,780 square feet), unless a
greater minimum lot area is specified on the zoning map (ex. R-A-2.5 = two and one-half (2 %)
acre minimum lot area).
The minimum required area of a lot in the R-A zone, when the zone implements
the RLM land use designation, shall be not less than seven thousand five hundred (7,500)
square feet, unless otherwise shown on the zoning map. (Ord. 9336 5 2, 1972: Ord. 9060 §
405)
A.
B.
21.08.080 Lot Width.
A. In the R-A zone every lot shall have a minimum lot width as follows:
1. Lots required to have an area up to ten thousand square feet, sixty feet;
2. Lots required to have an area of at least ten thousand square feet and up
to twenty thousand square feet, seventy-five feet;
3. Lots required to have an area of twenty thousand square feet or more,
eighty feet.
The official or decision-making body with the authority to otherwise approve the
subdivision may approve panhandle or flag-shaped lots where the lot width and yards shall be
measured in accord with this section if the following circumstances are found to exist. For a
minor subdivision application with two or more panhandle lots, the authority for approval shall be
with the planning commission.
B.
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1. The property cannot be served adequately with a public street without
panhandle lots due to unfavorable conditions resulting from unusual topography, surrounding
land development, or lot configuration; and
Subdivision with panhandle lots will not preclude or adversely affect the
ability to provide full public street access to other properties within the same block of the subject
In approving a panhandle lot a determination shall be made as to what portion of
such lot shall be the buildable lot; for purposes of this chapter, the buildable portion shall be the
entire lot exclusive of any portion of the lot less than thirty-five feet in width that is used for
access to the lot. Also, a determination shall be made on which property lines of the buildable
lots are the front, sides and rear for purposes of providing required yards.
Any panhandle lot approved pursuant to this section shall meet the following
requirements:
1. The area of the buildable portion of the lot shall be a minimum ten
thousand square feet or the minimum required by the zone whichever is greater. In zone
districts permitting less than ten thousand square-foot lots, the buildable portion of the lot may
be less than ten thousand square feet provided the official or decision-making body with the
authority to otherwise approve the subdivision finds from evidence submitted on a site plan that
all requirements of this section will be met; however, in no case shall the buildable portion of the
lot be less than eight thousand square feet in area. If a site plan for a subdivision with
panhandle lots, with a buildable portion of less than ten thousand square feet, is approved,
development within such subdivision shall conform to the plan as approved.
The width requirements for the buildable portion of the lot shall be met as
required for lots in the zone district.
The yard requirements of the zone district shall be met as required for
interior lots.
The length of the portion of the lot fronting on a public street or publicly
dedicated easement afforded access to the buildable lot shall not be greater than one hundred
fifty feet for a single lot or two hundred feet when two such lots are adjoining. The minimum
width for such access portion shall be twenty feet except where the access portion is adjacent to
the same portion of another such lot, in which case the required minimum frontage shall be
fifteen feet, provided a joint easement, ensuring common access to both such portions, is
recorded. An improved driveway shall be provided within the access portion of the
lot from the public street or public easement to the parking area on the buildable lot at least
fourteen feet wide for single lots and twenty feet wide when serving more than one lot. The
minimum overhead clearance shall be ten feet. The driveway shall be constructed to
accommodate public service vehicles with a minimum of two-inch thick asphalt concrete paving
on proper base with rolled edges.
Drainage from the lot shall be channeled down the private access to a
public street or special drainage means must be provided to the satisfaction of the city engineer.
Each lot shall have three nontandem parking spaces with an approach
not less than twenty-four feet in length with proper turnaround space to permit complete
turnaround for forward access to the street. This parking and access arrangement shall be
designed to the satisfaction of the city engineer.
Structures permitted in the access portion of the lot shall be limited to
mailboxes, fences, trash enclosures, landscape containers and nameplates. Except for
mailboxes, these structures shall not be greater than forty-two inches in height if located within
twenty feet of the street property line or greater than six feet in height beyond this point.
The property owner of such a lot shall agree to hold the city or any other
public service agency harmless from liability for any damage to the driveway when being used
to perform a public service.
2.
property. C.
D.
2.
3.
4.
5.
6.
7.
8.
9.
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IO. Any other condition the official or decision-making body with the authority
to otherwise approve the subdivision may determine to be necessary to properly develop such
property. (Ord. 9467 Q 2,1976: Ord. 9060 § 407)
21.08.090 Lot Coverage.
Lot coverage with buildings and structures shall not exceed forty percent of the
lot. Buildings and structures used for growing or raising plants are not counted as coverage.
(Ord. 9427 Q 5,1975: Ord. 9060 Q 408)
A.
21.08.100 Development Standards.
No one-family dwelling unit, whether it be conventionally built, modular or a
mobile home, shall be located on a lot in this zone unless such dwelling unit complies with the
following development standards:
1. Each dwelling unit shall have a two-car garage, with a minimum
dimension of twenty square feet which is architecturally integrated with and has an exterior
similar to the dwelling unit, with the following exceptions:
One additional paved off-street (covered or uncovered) parking
space shall be provided for a second dwelling unit and shall comply with the requirements of
Chapter 21.44 of this title. The additional parking space may be provided through tandem
parking (provided that the garage is set back a minimum of twenty feet from the property line) or
in the front yard setback.
All dwelling units shall have a permanent foundation. For mobile homes a
foundation system installed pursuant to Section 18551 of the State Health and Safety Code
shall satisfy the requirements of this section.
Exterior siding material shall be stucco, masonry, wood or brick unless an
alternative exterior material is approved by the planning director. The planning director may
approve a siding material other than those listed in this section only if he finds that use of such
material is in harmony with other dwelling units in the neighborhood. All roofs shall have a pitch of at least three inches in twenty inches unless
another pitch is approved by the planning director. No roof shall be made of corrugated,
extruded or stamped metal.
All dwelling units shall have a minimum width of twenty feet. (Ord. NS-283
Q 12, 1994; Ord. 1261 9 38, 1983; Ord. 9599 Q 2 (part), 1981)
A.
a.
2.
3.
4.
5.
SECTION 6: That Section 21.09.025 of the Carlsbad Municipal Code is amended
to read as follows:
21.09.025 Second dwelling units. Second dwelling units are permitted according to the provisions of Section 21 .I 0.030 of
this title. The development standards of this zone shall apply. (Ord. NS-663 Q 2, 2003: Ord. NS-
283 5 5,1994)
SECTION 7: That Chapter 21.10 of the Carlsbad Municipal Code is amended to
read as follows:
Chapter 21. IO
R-I ONE-FAMILY RESIDENTIAL ZONE
21.10.010 Intent and Purpose.
21.10.020 Permitted Uses.
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Municipal Code:
0 “P” indicates use is permitted
0 “CUP” indicates use is permitted with approval of a conditional use permit.
21.10.030
21.10.040
21.10.050
21.10.060
21.10.070
21.10.080
21.10.090
21 .I 0.1 00
21.1 0.1 10
21.1 0.1 20
21.10.130
Second Dwelling Units.
Home Occupations.
Building Height.
Front Yards.
Side Yards.
Placement of Buildings.
Minimum Lot Area.
Lot Width.
Lot Coverage.
Development Standards.
Serva bility.
21.10.01 0 Intent and Purpose.
A. The intent and purpose of the R-I One-Family Residential zone is to:
1. Implement the Residential Low Density (RL), Residential Low-Medium
Density (RLM), and Residential’ Medium Density (RM) land use designations of the Carlsbad
General Plan; and
Provide regulations and standards for the development of one-family
dwellings, and other permitted or conditionally permitted uses, as specified in this chapter.
2.
21.10.020 Permitted Uses.
In an R-I zone, notwithstanding any other provision of this title, only the uses
listed in Table A, below, shall be permitted, subject to the requirements and development
standards specified by this chapter, and subject to the provisions of Chapter 21.44 governing
off-street parking requirements.
The uses permitted by conditional use permit, as indicated in Table A, shall be
subject to the provisions of Chapters 21.42 and 21 50.
A.
B.
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Schools, public/private (defined: Sec 21.04.140)
Second dwelling unit, subject to Sec. 21 10.030 (defined: Sec. 21.04.303)
Signs, subject to Chap. 21.41 (defined: Sec. 21.04.305)
Temporary bldg./trailer (real estate or construction), subject to Sec.
TABLE A, continued
X
X
X
X
PERMITTED USES
21.53.090 and 21.53.110
Wireless Telecommunication Facilities
Zoos (private), subject to Sec. 21.42.010(2)(K) (defined: Sec. 21.04.400)
I Sec. 21.04.3021 It I I
X
X
Note:
On each lot or combination of adjacent lots under one ownership, there may be
kept one (1) horse for each ten thousand (10,000) square feet in the lot or lots; provided,
however, that any such horse may be kept only if it is fenced and stabled so that at no time is it
able to graze, stray or roam closer than fifty (50) feet to any building used for human habitation,
other than buildings on the lot or lots, and as to those buildings, no closer than forty (40) feet.
A conditional use permit is not required for a golf course if it is approved as part
of a master plan for a planned community development.
Mobile homes must be certified under the National Mobilehome Construction and
Safety Standards Act of 1974 (42 U.S.C. Section 5401 et seq.) on a foundation system pursuant
to Section 18551 of the State Health and Safety Code.
PubWquasi-public accessory utility buildings/facilities include, but are not limited
to, water wells, water storage, pump stations, booster stations, transmission/distribution
electrical substations, operating centers, gas meteringhegulating stations, or telephone
exchanges, with the necessary accessory equipment incidental thereto.
1)
2)
3)
4)
21.10.030 Second Dwellincl Units. A. The public good is served when there exists in a city, housing which is
appropriate for the needs of and affordable to all members of the public who reside within that
city. Among other needs, there is in Carlsbad a need for affordable rental housing. Therefore, it
is in the public interest for the city to promote a range of housing alternatives in order to meet
the affordable rental housing needs of its citizens. This section is intended to provide a rental
housing alternative by establishing a procedure to create new second dwelling units.
The provisions of this section shall apply to single-family zones R-A, R-E and R-
1 , areas designated by a master plan for single-family detached dwellings in P-C zones and lots
within multifamily zones R-2, R-3, R-P, R-T, R-W and RD-M, which are developed with single-
family residences.
B.
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C. Second dwelling units developed within the coastal zone require a minor coastal development permit issued according to the provisions of Section 21.201.085 of this title and a
building permit. Second dwelling units outside of the coastal zone require a building permit.
D. The completed minor coastal development permit andlor building permit
application for a second dwelling unit shall include the following information:
The name@) of the owner@);
The address of the dwelling units;
Building elevations and a general floor plan of the second dwelling unit;
A scaled drawing showing the lot dimensions, the location of the primary
and second dwelling unit, location of all vehicular parking and the total square footage of both
units;
Description and location of water and sanitary (sewer) services; and
An applicant-signed Affidavit of Compliance declaring that: (a) the second
dwelling unit is not in conflict with existing conditions, covenants and restrictions (CC&Rs)
applicable to the title of the subject property; (b) the property owner(s) shall reside in either the
main dwelling unit or the second dwelling unit unless a lessee leases both the main dwelling
and the second dwelling unit; (c) the property owners agree to rent the second dwelling unit at a
monthly rental rate which shall not exceed an income of a low-income household, adjusted for
household size, at eighty percent of the San Diego County median income.
The second dwelling unit shall either be attached to the main dwelling unit
and located within the habitable area of the main dwelling unit or detached from the main
dwelling unit and located on the same lot as the main dwelling unit.
The second dwelling unit shall have a separate entrance.
The second dwelling unit must meet the setback, lot coverage, and other
development standards applicable to the zone, which are not addressed within this subsection.
In the coastal zone, any housing development processed pursuant to this chapter shall be
consistent with all certified local coastal program provisions, with the exception of density, or as
otherwise specified within this subsection.
4. Attached second dwelling units shall conform to the height limits
applicable to the zone and detached second dwelling units shall be limited to one story, except
that second dwelling units constructed above detached garages shall be permitted, and shall
conform to the height limits applicable to the zone. Garage conversions are prohibited unless replacement off-street garage
parking is provided concurrently and in compliance with the requirements of Chapter 21.44 of
this title.
Second dwelling units shall not be permitted on a lot or parcel having
guest or accessory living quarters, or a residential care facility. Existing guest or accessory
living quarters may be converted into a second dwelling unit provided that all zoning and
structural requirements are met.
7. One additional paved off-street (covered or uncovered) parking space
shall be provided for the second dwelling unit and shall comply with the requirements of Chapter
21.44 of this title. The additional parking space may be provided through tandem parking
(provided that the garage is set back a minimum of twenty feet from the property line) or in the
front yard setback.
Adequate water and sewer capacity and facilities for the second dwelling
unit must be available or made available.
All necessary public facilities and services must be available or made
available.
The second unit may be rented and shall not be sold separately from the
main dwelling unit unless the lot on which such units are located is subdivided. The lot upon
which the second unit is located shall not be subdivided unless each lot which would be created
1.
2.
3. The assessor’s parcel number;
4.
5.
6.
7.
E. Second dwelling units shall comply with the following:
1.
2.
3.
5.
6.
8.
9.
IO.
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by the subdivision will comply with the requirements of this title and Title 20; and further
provided, that all structures existing on each proposed lot will comply with the development
standards applicable to each lot.
11. The total area of floor space for an attached or detached second unit shall
not exceed six hundred forty square feet.
12. The second dwelling unit shall be architecturally compatible with the main
dwelling unit, in terms of appearance, materials and finished quality.
13. A second dwelling unit which conforms to the requirements of this section
shall be allowed to exceed the permitted density for the lot upon which it is located and shall be
deemed to be a residential use consistent with the density requirements of the general plan and
the zoning designation for the lot.
14. The size of the lot upon which a second dwelling unit is proposed shall
not be less than the minimum lot size required of the zone. (Ord. NS-663 Q 3, 2003; NS-402 Q 8,
1997; Ord. NS-283 § 3,1994)
21.10.040 Home OccuDations.
neighborhood shall be permitted as an accessory use, subject to the following conditions:
or residents of the premises;
A. Home occupations which are not disruptive to the residential character of the
I. Home occupations shall be conducted as a secondary use by a resident
2. No employees shall be employed on the premises;
3. All home occupation activities shall be conducted entirely within the
residential structure, except for permitted agricultural or horticultural uses;
4. There shall be no external alteration to the appearance of the residential
structure that would reflect the existence of the home occupation;
5. No storage of materials, goods, equipment, or stock in trade shall be
permitted where visible from the exterior of the property;
6. No deliveries or pickups by heavy duty commercial vehicles shall be
permitted ;
7. Sale of goods or services shall not be conducted on the property, except
for agricultural goods grown on the premises. This provision shall not be construed to prohibit
taking orders for sale where delivery of goods or performance of services does not occur on the
property; 8. The home occupation shall not cause any external effect that is
inconsistent with the residential zone or disrupts the neighborhood, including but not limited to,
noise from equipment, traffic, lighting, offensive odor, or electrical interference;
No advertising, signs, or displays of any kind indicating the existence of
the home occupation shall be permitted on the premises;
The home occupation shall not cause the elimination of required off-street
parking;
The home Occupation may not utilize an area greater than twenty (20) percent of the combined total floor area of all on-site structures; and
A city business license is required for the conduct of a home occupation.
9.
IO.
1 I.
12.
21.10.050 Buildincr Heiaht.
In the R-I zone no building shall exceed a height of thirty feet and two stories if a
minimum roof pitch of 3:12 is provided or twenty-four feet and two stories if less than a 3:12 roof
pitch is provided for lots under twenty thousand square feet. Single-family residences on lots
with a lot area of twenty thousand square feet or greater and within a R-I zone and specifying a
-20 or greater area zoning symbol shall not exceed thirty-five feet and three stories with a
minimum roof pitch of 3:12 provided. (Ord. NS-204 Q 7, 1992: Ord. NS-180 Q 12, 1991: Ord.
9060 Q 501)
A.
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21.10.060 Front Yard.
Every lot in the R-1 zone shall have a front yard which has a depth not less than
twenty feet, except that on key lots and lots which side upon commercially or industrially zoned
property, the required front yard need not exceed fifteen feet. (Ord. 9060 § 502)
A.
21.10.070 Side Yards.
A. In the R-1 zone every lot shall have side yards as follows: 1. Interior lots shall have the following side yards:
a. A side yard shall be provided on each side of the lot, which side yard has a width equal to ten percent of the lot width; provided, that such side yard shall not be
less than five feet in width and need not exceed ten feet;
The planning director may approve a reduction in width of one side yard provided that the opposite side yard is increased in width by an amount equal to the
reduction. The reduced side yard shall not be less than five feet in width nor shall it abut a lot or
parcel of land with an adjacent reduced side yard, nor shall the increased side yard have a
width of less than ten feet; and
C. In the event special circumstances exist, such as extreme
topographical features andlor irregularly shaped lots (such as those which front on cul-de-sacs),
the planning director may approve the application of a reduced side yard adjacent to a reduced
side yard, subject to the following condition: A minimum of ten feet between buildings shall be
maintained. Corner lots and reversed corner lots shall have the following side yards:
a. On the side lot line which adjoins another lot, the side yard shall
be equal to ten percent of the lot width; provided that such side yard shall not be less than five
feet in width and need not exceed ten feet; and b. On the side street, the width of the required side yard shall be ten
feet and such side yard shall extend the full length of the lot. (Ord. 1256 5 7 (part), 1982; Ord.
9343 3 2,1973: Ord. 9060 3 503)
b.
2.
21.10.080 Placement of Buildinas.
A. Placement of buildings on any lot shall conform to the following:
1. Interior Lots:
a.
b.
No building shall occupy any portion of a required yard;
Any building, any portion of which is used for human habitation,
shall observe a distance from any side lot line the equivalent of the required side yard and from
the rear property line the equivalent of twice the required side yard on such lot;
The distance between buildings used for human habitation and
between buildings used for human habitation and accessory buildings shall be not less than ten
feet;
d. All accessory structures shall comply with the following
development standards:
i. The lot coverage shall include accessory structures in the
lot coverage calculations for the lot,
ii. The distance between buildings used for human habitation
and accessory buildings shall be not less than ten feet,
iii. When proposed on a lot adjoining native vegetation,
accessory structures within a fire suppression zone must be reviewed and approved by the fire
department,
Accessory buildings, by definition, do not share a common
wall with the main dwelling unit structure,
Buildings shall not exceed one story,
Building height shall not exceed fourteen feet if a minimum
roof pitch of 3:12 is provided or ten feet if less than a 3:12 roof pitch is provided;
c.
iv.
v.
vi.
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e. Second dwelling units constructed above detached garages,
located within a lot’s buildable area, pursuant to Section 21.10.030.E.4. of this title are not
subject to the one-story/fourteen-foot height limitation imposed on accessory structures;
Habitable detached accessory structures shall comply with all requirements of the zone applicable to placement of a dwelling unit on a lot including setbacks;
Detached accessory structures, which are not dwelling units and contain no habitable space, including but not limited to garages, workshops, tool sheds, decks
over 30 inches above grade, and freestanding patio covers shall comply with the following
additional development standards when located within a lot’s required setback areas:
The maximum allowable building area per structure shall
not exceed a building coverage of four hundred forty square feet,
The following setbacks shall apply: A front yard setback of
twenty feet, a rear yard setback of five feet, a side yard setback of five feet, and an alley
setback of five feet,
iii. The maximum plumbing drain size shall be one and one-
half inches in diameter so as to prohibit toilets, showers, bathtubs and other similar fixtures, iv. The additional development standards listed above
(subsections 21.10.080A.l.g.i through iii of this section) shall apply to the entire subject
accessory structure, not just the portion encroaching into a lot’s setback area; and
h. The provisions of this section are applicable notwithstanding the
permit requirements contained in Section 18.04.01 5 of this code.
Corner Lot and Reversed Corner Lots:
a. No building shall occupy any portion of a required yard;
b. The distance between buildings used for human habitation and
between buildings used for human habitation and accessory buildings shall be not less than ten
feet; Any building, any portion of which is used for human habitation
shall observe a distance from the rear property line to the equivalent of twice the required
interior side yard on such lot;
d. All accessory structures shall comply with the following
development standards:
i. The lot coverage shall include accessory structures in the
lot coverage calculations for the lot, ii. The distance between buildings used for human habitation
and accessory buildings shall be not less than ten feet, iii. When proposed on a lot adjoining native vegetation,
accessory structures within a fire suppression zone must be reviewed and approved by the fire
department, iv. Accessory buildings, by definition, do not share a common
wall with the main dwelling unit structure,
V. Buildings shall not exceed one story,
vi. Building height shall not exceed fourteen feet if a minimum
roof pitch of 3: 12 is provided or ten feet if less than a 3: 12 roof pitch is provided;
e. Second dwelling units constructed above detached garages,
located within a lot‘s buildable area, pursuant to Section 21.10.030.E.4. of this title are not
subject to the one-storylfourteen-foot height limitation imposed on accessory structures; Habitable detached accessory structures shall comply with all
requirements of the zone applicable to placement of a dwelling unit on a lot including setbacks;
Detached accessory structures, which are not dwelling units and
contain no habitable space, including but not limited to garages, workshops, tool sheds, decks
over thirty inches above grade, and freestanding patio covers shall comply with the following
additional development standards when located within a lot‘s required setback areas:
f.
g.
i.
ii.
2.
c.
f.
g.
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i.
ii.
The maximum allowable building area per structure shall not exceed a building coverage of four hundred forty square feet,
The following setbacks shall apply: A front yard setback of twenty feet, a rear yard setback of five feet, a side yard setback of five feet, and an alley
setback of five feet,
iii. The maximum plumbing drain size shall be one and one- half inches in diameter so as to prohibit toilets, showers, bathtubs and other similar fixtures,
iv. The additional development standards listed above (subsections 21.10.080A.2.g.i through iii of this section) shall apply to the entire subject
accessory structure, not just the portion encroaching into a lot's setback area; and
h. The provisions of this section are applicable notwithstanding the
permit requirements contained in Section 18.04.015 of this code. (Ord. NS-355 55 5, 6, 1996;
Ord. NS-243 $5 5-7, 1993; Ord. 9060 5 504)
21 .I 0.090 Minimum lot area.
A. The minimum required area of a lot in the R-I zone, when the zone implements
the RL land use designation, shall be not less than one-half acre (21,780 square feet), unless a
greater minimum lot area is specified on the zoning map (Le., R-1-40,000 = 40,000 square foot
,minimum lot area).
B. The minimum required area of a lot in the R-I zone, when the zone implements
the RLM land use designation, shall be not less than seven thousand five hundred (7,500)
square feet, unless otherwise shown on the zoning map.
The minimum required area of a lot in the R-I zone, when the zone implements
the RM land use designation, shall be not less than six thousand (6,000) square feet, unless
otherwise shown on the zoning map.
C.
21.10.100 Lot Width.
A. In the R-I zone every lot shall have a minimum lot width as follows:
I. Lots required to have an area up to ten thousand square feet, sixty feet;
2. Lots required to have an area of at least ten thousand square feet and up
to twenty thousand square feet, seventy-five feet; and
3. Lots required to have an area of twenty thousand square feet or more,
eighty feet.
The official or decision-making body with the authority to otherwise approve the
subdivision may approve panhandle or flag-shaped lots where the lot width and yards shall be
measured in accord with this section if the following circumstances are found to exist. For a
minor subdivision application with two or more panhandle lots, the authority for approval shall be
with the planning commission.
1. The property cannot be served adequately with a public street without
panhandle lots due to unfavorable conditions resulting from unusual topography, surrounding
land development, or lot configuration; and
Subdivision with panhandle lots will not preclude or adversely affect the
ability to provide full public street access to other properties within the same block of the subject
property. C. In approving a panhandle lot, a determination shall be made as to what portion of
such lot shall be the buildable lot; for purposes of this chapter, the buildable portion shall be the
entire lot exclusive of any portion of the lot less than thirty-five feet in width that is used for
access to the lot. Also, a determination shall be made on which property lines of the buildable
lots are the front, sides and rear for purposes of providing required yards.
Any panhandle lot approved pursuant to this section shall meet the following
requirements:
I. The area of the buildable portion of the lot shall be a minimum ten
thousand square feet or the minimum required by the zone whichever is greater. In zone
B.
2.
D.
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districts permitting less than ten thousand square-foot lots, the buildable portion of the lot may
be less than ten thousand square feet provided the official or decision-making body with
authority to otherwise approve the subdivision finds from evidence submitted on a site plan that
.all requirements of this section will be met; however, in no case shall the buildable portion of the
lot be less than eight thousand square feet in area. If a site plan for a subdivision with
panhandle lots with a buildable portion of less than ten thousand square feet is approved,
development within such subdivision shall conform to the plan as approved.
The width requirements for the buildable portion of the lot shall be met as required for lots in the zone district.
The yard requirements of the zone district shall be met as required for interior lots.
The length of the portion of the lot fronting on a public street or publicly
dedicated easement afforded access to the buildable lot shall not be greater than one hundred
fifty feet for a single lot or two hundred feet when two such lots are adjoining. The minimum
width for such access portion shall be twenty feet except where the access portion is adjacent to
the same portion of another such lot, in which case the required minimum frontage shall be
fifteen feet, provided a joint easement ensuring common access to both such portions is
recorded.
An improved driveway shall be provided within the access portion of the
lot from the street or public easement to the parking area on the buildable lot at least fourteen
feet wide for single lots and twenty feet wide when serving more than one lot. The minimum
overhead clearance shall be ten feet. The driveway shall be constructed to accommodate public
service vehicles with a minimum of two-inch thick asphalt concrete paving on proper base with
rolled edges.
Drainage from the lot shall be channeled down the private access to a
public street or special drainage means must be provided to the satisfaction of the city engineer.
Each lot shall have three nontandem parking spaces with an approach
not less than twenty-four feet in length with proper turnaround space to permit complete
turnaround for forward access to the street. The parking and access arrangement shall be
designed to the satisfaction of the city engineer.
Structures permitted in the access portion of the lot shall be limited to
mailboxes, fences, trash enclosures, landscape containers and nameplates. Except for
mailboxes, the structures shall not be greater than forty-two inches in height if located within
twenty feet of the street property line or greater than six feet in height beyond this point.
The property owner of such a lot shall agree to hold the city or any other
public service agency harmless from liability for any damage to the driveway when being used
to perform a public service.
Any other condition the official or decision-making body with the authority
to otherwise approve the subdivision may determine to be necessary to properly develop such
property. (Ord. 1261 Q 40 (part), 1983; Ord. 9598 Q 1, 1981 : Ord. 9467 Q 3, 1976: Ord. 91 03 § 1,
1975: Ord. 9060 Q 508)
2.
3.
4.
5.
6.
7.
8.
9.
IO.
21. IO. 1 10 Lot Coveraae.
A. Lot coverage with buildings and structures shall not exceed forty percent of the
lot. Buildings and structures used for growing or raising plants or animals are not counted as
coverage. (Ord. 9427 Q 7, 1975: Ord. 9060 Q 508)
21.1 0.120 Development Standards.
No one-family dwelling unit, whether it be conventionally built, modular or a
mobile home, shall be located on a lot in this zone unless such dwelling unit complies with the
following development standards:
A.
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1. Each dwelling unit shall have a two-car garage, with a minimum
dimension of twenty feet square which is architecturally integrated with and has an exterior
similar to the dwelling unit with the following exception:
One additional paved off-street (covered or uncovered) parking
space shall be provided for a second dwelling unit and shall comply with the requirements of
Chapter 21.44 of this title. The additional parking space may be provided through tandem
parking (provided that the garage is set back a minimum of twenty feet from the property line) or
in the front yard setback.
All dwelling units shall have a permanent foundation. For mobile homes a
foundation system installed pursuant to Section 18551 of the State Health and Safety Code
shall satisfy the requirements of this section.
Exterior siding materials shall be stucco, masonry, wood or brick unless
an alternative exterior material is approved by the planning director. The planning director may
approve a siding material other than those listed in this section only if he finds that use of such
material is in harmony with other dwelling units in the neighborhood.
All roofs shall have a pitch of at least three inches in twenty inches unless
another pitch is approved by the planning director. No roof shall be made of corrugated,
extruded or stamped metal. All dwelling units shall have a minimum width of twenty feet. (Ord. NS-283
$15, 1994; Ord. 1261 $ 40 (part), 1983; Ord. 9599 $ 2 (part), 1981)
a.
2.
3.
4.
5.
21 .I 0.1 30 Severabilitv.
If any section, subsection, sentence, clause, phrase or part of this chapter is for
any reason found by a court of competent jurisdiction to be invalid or unconstitutional, such
decision shall not affect the validity of the remaining portions of this chapter, which shall be in
full force and effect. The city council hereby declares that it would have adopted this chapter
with each section, subsection, sentence, clause, phrase or part thereof regardless of the fact
that any one or more sections, subsections, sentences, clauses, phrases, or parts be declared
invalid or unconstitutional. (Ord. NS-663 $ 4, 2003)
A.
SECTION 8: That Chapter 21.12 of the Carlsbad Municipal Code is amended to
read as follows:
Chapter 21.12
R-2 TWO-FAMILY RESIDENTIAL ZONE
21 .I 2.01 0
21.12.020
21 .I 2.030
21.12.040
21 .I 2.050
21.12.060
21.12.070
21 .I 2.090
2 1 .I 2.1 00
Intent and Purpose.
Permitted Uses.
Building Height.
Front Yard.
Side Yards.
Placement of Buildings.
Minimum Lot Area.
Lot Width.
Lot Coverage.
21 .I 2.01 0
A.
Intent and Purpose.
The intent and purpose of the R-2 Two-Family Residential zone is to:
1.
the Carlsbad General Plan; and
Implement the Residential Medium Density (RM) land use designation of
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Churches
Dwelling, one-family (defined: Sec. 21.04.125)
Dwelling, two-family (see note 3, below) (defined: Sec. 21.04.1 30)
Dwelling, multiple-family (see note 4, below) (defined: Sec. 21.04.135)
Family day care home (large), subject to Chap. 21.83 (defined: Sec.
21.04.147)
Family day care home (small), subject to Chap. 21.83 (defined: Sec.
2. Provide regulations and standards for the development of residential
dwellings, and other permitted or conditionally permitted uses, as specified in this chapter.
X
X
X
X
X
X
21.12.020 Permitted Uses.
In the R-2 zone, notwithstanding any other provision of this title, only the uses
listed in Table A, below, shall be permitted, subject to the requirements and development
standards specified by this chapter, and subject to the provisions of Chapter 21.44 governing
off-street parking requirements.
The uses permitted by conditional use permit, as indicated in Table A, shall be
subject to the provisions of Chapters 21.42 and 21 50.
A.
6.
21.04148)
Golf courses (see note 5, below)
Greenhouses (2,000 square feet maximum)
Greenhouses > 2,000 square feet, subject to Sec. 21.42.010(2)(F)
Home occupation, subject to Sec. 21.10.040
Mobile home (see note 6, below) (defined: Sec. 21.04.266)
TABLE A
PERMITTED USES
In the table, below, subject to all applicable permitting and development requirements of the
Municipal Code:
“P” indicates use is permitted
“CUP” indicates use is permitted with approval of a conditional use permit.
X
X
X
X
X
Packing/sorting sheds (600 square feet maximum)
Packing/sorting sheds > 600 square feet, subject to Sec. 21.42.010(2)(F)
Public buildings
Publidquasi-public accessory utility buildings/facilities (see note 7, below)
Satellite TV antennae, subject to Sec. 21.53.130 - 21.53.150 (defined:
Schools, publidprivate (defined: Sec 21.04.140)
Second dwelling unit (accessory to a one-family dwelling only), subject to
Sec. 21.04.302)
X
X
X
X
X
X
X - -- See. 21.10.030 (defined: Sec. 21.04.303)
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USE
Signs, subject to Chap. 21.41 (defined: Sec. 21.04.305)
Temporary bldg./trailer (real estate or construction), subject to Sec. 21 S3.090 and 21.53.1 10
Wireless Telecommunication Facilities
Zoos (private), subject to Sec. 21.42.010(2)(K) (defined: Sec. 21.04.400)
P CUP Acc
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21.1 2.030 Buildina Heiaht.
No building in the R-2 zone shall exceed a height of thirty feet and two stories if a
minimum roof pitch of 3:12 is provided or twenty-four feet and two stories if less than a 3:12 roof
pitch is provided for lots under twenty thousand square feet. Buildings on lots with a lot area of
twenty thousand square feet or greater shall not exceed thirty-five feet and three stories with a
minimum roof pitch of 3:12 provided. (Ord. NS-204 § 8, 1992: Ord. NS-180 § 13, 1991: Ord.
9060 § 601)
A.
21.12.040 Front Yard.
Every lot in the R-2 zone shall have a front yard which has a depth not less than
twenty feet, except that on key lots and on lots which side upon commercially or industrially
zoned property, the depth of the required front yard need not exceed fifteen feet. (Ord. 9060 5
602)
A.
21.1 2.050 Side Yards.
A. In the R-2 zone every lot shall have side yards as follows:
1. Interior lots shall have the following side yards:
a. A side yard shall be provided on each side of the lot which side
yard has a width equal to ten percent of the lot width; provided that such side yard shall not be
less than five feet in width and need not exceed ten feet;
The planning director may approve a reduction in width of one
side yard provided that the opposite side yard is increased in width by an amount equal to the
reduction. The reduced side yard shall not be less than five feet in width nor shall it abut a lot or
b.
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parcel of land with an adjacent reduced side yard, nor shall the increased side yard have a
width of less than ten feet; and
C. In the event special circumstances exist, such as extreme
topographical features and/or irregular shaped lots (such as those which front on cul-de-sacs),
the planning director may approve the application of a reduced side yard adjacent to a reduced
side yard, subject to the following condition:
i. A minimum of ten feet between buildings shall be
maintained.
Corner lots and reversed corner lots shall have the following side yards:
a. On the side lot line which adjoins another lot, the side yard shall
be equal to ten percent of the lot width; provided that such side yard shall not be less than five
feet in width and need not exceed ten feet; and
b. On the side street, the width of the required side yard shall be ten
feet and such side yard shall extend the full length of the lot. (Ord. 1256 Q 7 (part), 1982; Ord.
9343 Q 3,1973: Ord. 9060 Q 603)
2.
21.12.060 Placement of Buildinas.
A. Placement of buildings on any lot shall conform to the following: 1. Interior Lots:
a.
b.
No building shall occupy any portion of a required yard;
Any building, any portion of which is used for human habitation,
shall observe a distance from any side lot line the equivalent of the required side yard on such
lot and from the rear property line the equivalent of twice the required side yard on the same lot;
The distance between buildings used for human habitation and
between buildings used for human habitation and accessory buildings shall be not less than ten
feet;
d. All accessory structures shall comply with the following
development standards:
i. The lot coverage shall include accessory structures in the
lot coverage calculations for the lot,
ii. The distance between buildings used for human habitation
and accessory buildings shall be not less than ten feet, iii. When proposed on a lot adjoining native vegetation,
accessory structures within a fire suppression zone must be reviewed and approved by the fire
department,
Accessory buildings, by definition, do not share a common
wall with the main dwelling unit structure,
Buildings shall not exceed one story,
Building height shall not exceed fourteen feet if a minimum
roof pitch of 3: 12 is provided or ten feet if less than a 3: 12 roof pitch is provided;
e. Second dwelling units constructed above detached garages,
located within a lot's buildable area, pursuant to Section 21.10.030.E.4. of this title are not
subject to the one-story/fourteen-foot height limitation imposed on accessory structures; Habitable detached accessory structures shall comply with all
requirements of the zone applicable to placement of a dwelling unit on a lot including setbacks;
Detached accessory structures, which are not dwelling units and
contain no habitable space, including but not limited to garages, workshops, tool sheds, decks
over thirty inches above grade, and freestanding patio covers shall comply with the following
additional development standards when located within a lot's required setback areas:
The maximum allowable building area per structure shall
not exceed a building coverage of four hundred forty square feet,
c.
iv.
v.
vi.
f.
g.
i.
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ii. The following setbacks shall apply: A front yard setback of twenty feet, a rear yard setback of five feet, a side yard setback of five feet, and an alley
setback of five feet,
iii. The maximum plumbing drain size shall be one and one-
half inches in diameter so as to prohibit toilets, showers, bathtubs an other similar fixtures; and
iv. The additional development standards listed above
(subsections 21.12.060A.l.g.i through iii of this section) shall apply to the entire subject
accessory structure, not just the portion encroaching into a lot's setback area; and
The provisions of this section are applicable notwithstanding the
permit requirements contained in Section 18.04.01 5 of this code;
No building shall occupy any portion of a required yard;
The distance between buildings used for human habitation and
between buildings used for human habitation and accessory buildings shall be not less than ten
feet; Any building, any portion of which is used for human habitation
shall observe a distance from the rear property line the equivalent of twice the required interior
side yard on such lot; d. All accessory structures shall comply with the following
development standards: i. The lot coverage shall include accessory structures in the
lot coverage calculations for the lot, ii. The distance between buildings used for human habitation
and accessory buildings shall be not less than ten feet, iii. When proposed on a lot adjoining native vegetation,
accessory structures within a fire suppression zone must be reviewed and approved by the fire
department, Accessory buildings, by definition, do not share a common
wall with the main dwelling unit structure, Buildings shall not exceed one story,
Building height shall not exceed fourteen feet if a minimum
roof pitch of 3: 12 is provided or ten feet if less than a 3: 12 roof pitch is provided;
e. Second dwelling units constructed above detached garages,
located within a lot's buildable area, pursuant to Section 21.10.030.E.4. of this title are not
subject to the one-story/fourteen-foot height limitation imposed on accessory structures; Habitable detached accessory structures shall comply with all
requirements of the zone applicable to placement of a dwelling unit on a lot including setbacks; Detached accessory structures, which are not dwelling units and
contain no habitable space, including but not limited to garages, workshops, tool sheds, decks
over thirty inches above grade, and freestanding patio covers shall comply with the following
additional development standards when located within a lot's required setback areas:
The maximum allowable building area per structure shall
not exceed a building coverage of four hundred forty square feet,
The following setbacks shall apply: A front yard setback of
twenty feet, a rear yard setback of five feet, a side yard setback of five feet, and an alley
setback of five feet,
iii. The maximum plumbing drain size shall be one and one-
half inches in diameter so as to prohibit toilets, showers, bathtubs and other similar fixtures, and iv. The additional development standards listed above
(subsections 21.12.060A.2.g.i through iii of this section) shall apply to the entire subject
accessory structure, not just the portion encroaching into a lot's setback area; and
h.
Corner Lots and Reversed Corner Lots:
a.
b.
2.
c.
iv.
V.
vi.
f.
g.
1.
ii.
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h. The provisions of this section are applicable notwithstanding the
permit requirements contained in Section 18.04.015 of this code. (Ord. NS-355 $5 7, 8, 1996;
Ord. NS-243 QQ 8--10, 1993; Ord. 9060 Q 604)
21.12.070 Minimum Lot Area.
The minimum required area of a lot in the R-2 zone shall be not less than seven
thousand five hundred (7,500) square feet; except that when a lot is developed with a one-
family dwelling, the minimum required lot area shall be not less than six thousand (6,000)
square feet, unless otherwise shown on the zoning map. (Ord. 9336 Q 4, 1972: Ord. 9060 §
605)
All legally existing R-2 zoned lots, as of December I, 1986, may be developed
with a two-family dwelling regardless of the density allowed by the underlying general plan
designation if they can comply with all applicable development standards in effect at the time of
their development, and if the findings to exceed the growth management control point density,
as specified in Section 21.90.045 of this title, can be made.
A.
6.
21.12.080 Lot Width.
A. In the R-2 zone, everv lot created after the effective date of the ordinance
codified in this title shall maintain a width at the rear line of the required front yard of not less
than the following: Lots required to have a minimum lot area of less than ten thousand
square feet, sixty feet; Lots required to have a minimum lot area between ten thousand square
feet to, but not including twenty thousand square feet, seventy-five feet;
Lots required to have an area of twenty thousand square feet or more,
eighty feet. (Ord. 9060 5 607)
1.
2.
3.
21.12.090 Lot Coveraae.
than fifty percent of the area of a lot. (Ord. 9060 Q 608)
A. All buildings, including accessory buildings and structures, shall not cover more
SECTION 9: That Chapter 21.16 of the Carlsbad Municipal Code is amended to
read as follows:
ChaDter 21.16
R-3 MULTIPLE-FAMILY RESIDENTIAL ZONE
21.1 6.01 0
21.16.020
21.16.030
21.16.040
21.16.050
21.16.060
21.16.070
2 1 . 1 6.080
21.16.090
Intent and Purpose.
Permitted Uses.
Building Height.
Front Yards.
Side Yards.
Placement of Buildings.
Minimum Lot Area.
Lot Width.
Lot Coverage.
21.10.010 Intent and PurDose.
A. The intent and purpose of the R-3 Multiple-Family Residential Zone is to:
1. Implement the Residential Medium-High Density (RMH) and Residential
High Density (RH) land use designations of the Carlsbad General Plan; and
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2. Provide regulations and standards for the development of residential
dwellings, and other permitted or conditionally permitted uses, as specified in this chapter.
21.16.020 Permitted Uses.
In the R-3 zone, notwithstanding any other provision of this title, only the uses
listed in Table A, below, shall be permitted, subject to the requirements and development
standards specified by this chapter, and subject to the provisions of Chapter 21.44 governing
off-street parking requirements.
The uses permitted by conditional use permit, as indicated in Table A, shall be
subject to the provisions of Chapters 21.42 and 21 SO.
A.
B.
TABLE A
PERMITTED USES
In the table, below, subject to all applicable permitting and development requirements of the
Municipal Code:
0 “P” indicates use is permitted
“CUP” indicates use is permitted with approval of a conditional use permit.
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Sec. 21.10.030 (defined: Sec. 21 M.303)
Signs, subject to Chap. 21.41 (defined: Sec. 21.04.305)
Timeshare projects, subject to Sec. 21.42.010(1 O)(A) (defined: Sec.
Zoos (private), subject to Sec. 21.42.010(2)(K) (defined: Sec. 21.04.400)
Temporary bldg.ltrailer (real estate or construction), subject to Sec.
21 53.090 and 21 53.1 10
21.04.357)
Wireless Telecommunication Facilities
X
X
X
X
X
X
cars per dwelling unit.
2) When associated with a two-family or multiple-family dwelling, accessory
buildings shall not include guest houses or accessory living quarters (defined: Sec. 21.04.165).
3) One-family dwellings are permitted when developed as two or more detached units on one lot. Also, a single one-family dwelling shall be permitted on any legal lot that
existed as of [INSERT EFFECTIVE DATE OF ORDINANCE] , and which is designated and
zoned for residential use. Any proposal to subdivide land or construct more than one dwelling
shall be subject to the density provisions of the General Plan and intent of the underlying
residential land use designation. A conditional use permit is not required for a golf course if it is approved as part
of a master plan for a planned community development.
Mobile homes must be certified under the National Mobilehome Construction and
Safety Standards Act of 1974 (42 U.S.C. Section 5401 et seq.) on a foundation system pursuant
to Section 18551 of the State Health and Safety Code.
Publidquasi-public accessory utility buildings/facilities include, but are not limited
to, water wells, water storage, pump stations, booster stations, transmissionldistribution
electrical substations, operating centers, gas meteringhegulating stations, or telephone
exchanges, with the necessary accessory equipment incidental thereto.
7) A parking lotlstructure (commercial) is permitted with approval of a CUP when
the lot on which it is located in the R-3 zone abuts upon a lot zoned for commercial or industrial
purposes.
4)
5)
6)
21.16.030 Buildinq Heiqht.
701)
A. In the R-3 zone no building shall exceed a height of thirty-five feet. (Ord. 9060 5
Ill
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21.16.040 Front Yard.
Every lot in the R-3 zone shall have a front yard of not less than twenty feet,
except that on key lots and lots which side upon commercially or industrially zoned property the
depth of the required front yard need not exceed fifteen feet. (Ord. 9060 5 702)
A.
21.16.050 Side Yards.
A. In the R-3 zone every lot shall have side yards as follows:
1. Interior lots shall have a side yard on each side of the lot which side yard
has a width not less than ten percent of the width of the lot; provided, that such side yard shall
be not less than five feet in width and need not exceed ten feet; and
Corner lots and reversed corner lots shall have the following side yards:
a. On the side lot line which adjoins another lot, the side yard shall
be the same as that required on an interior lot; and
b. On the side street side the width of the required side yard shall be
ten feet and said side yard shall extend the full length of the lot. (Ord. 9060 3 703)
2.
21.16.060 Placement of Buildinas.
A. Placement of buildings on any lot shall conform to the following:
1. Interior Lots:
a.
b.
No building shall occupy any portion of a required yard;
Any building, any portion of which is used for human habitation
shall observe a distance from any side lot line the equivalent of the required side yard on such
lot and from the rear property line the equivalent of twice the required side yard on such lot; The distance between buildings used for human habitation and
between buildings used for human habitation and accessory buildings shall be not less than ten
feet;
d. All accessory structures shall comply with the following
development standards:
1. The lot coverage shall include accessory structures in the
lot coverage calculations for the lot,
ii. The distance between buildings used for human habitation
and accessory buildings shall be not less than ten feet,
iii. When proposed on a lot adjoining native vegetation,
accessory structures within a fire suppression zone must be reviewed and approved by the fire
department, iv. Accessory buildings, by definition, do not share a common
wall with the main dwelling unit structure,
V. Buildings shall not exceed one story,
vi. Building height shall not exceed fourteen feet if a minimum
roof pitch of 3:12 is provided or ten feet if less than a 3:12 roof pitch is provided; e. Second dwelling units constructed above detached garages,
located within a lot's buildable area, pursuant to Section 21.10.030.E.4. of this title are not
subject to the one-story/fourteen-foot height limitation imposed on accessory structures;
Habitable detached accessory structures shall comply with all
requirements of the zone applicable to placement of a dwelling unit on a lot including setbacks;
Detached accessory structures, which are not dwelling units and
contain no habitable space, including but not limited to garages, workshops, tool sheds, decks
over thirty inches above grade, and freestanding patio covers shall comply with the following
additional development standards when located within a lot's required setback areas:
The maximum allowable building area per structure shall
not exceed a building coverage of four hundred forty square feet,
c.
f.
g.
i.
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ii. The following setbacks shall apply: A front yard setback of twenty feet, a rear yard setback of five feet, a side yard setback of five feet, and an alley
setback of five feet,
iii. The maximum plumbing drain size shall be one and one-
half inches in diameter so as to prohibit toilets, showers, bathtubs an other similar fixtures;
iv. The additional development standards listed above
(subsections 21.16.060A.l .g.i through iii of this section) shall apply to the entire subject
accessory structure, not just the portion encroaching into a lot‘s setback area; and
The provisions of this section are applicable notwithstanding the
permit requirements contained in Section 18.04.01 5 of this code.
h.
Corner Lots and Reversed Corner Lots:
a.
b.
2.
No building shall occupy any portion of a required yard;
The distance between buildings used for human habitation and
between buildings used for human habitation and accessory buildings shall be not less than ten
feet;
Any building, any portion of which is used for human habitation
shall observe a distance from the rear property line the equivalent of twice the required interior
side yard on such lot;
d. All accessory structures shall comply with the following
development standards:
i. The lot coverage shall include accessory structures in the
lot coverage calculations for the lot,
ii. The distance between buildings used for human habitation
and accessory buildings shall be not less than ten feet,
iii. When proposed on a lot adjoining native vegetation,
accessory structures within a fire suppression zone must be reviewed and approved by the fire
department, Accessory buildings, by definition, do not share a common
wall with the main dwelling unit structure, Buildings shall not exceed one story,
Building height shall not exceed fourteen feet if a minimum
roof pitch of 3:12 is provided or ten feet if less than a 3:12 roof pitch is provided;
e. Second dwelling units constructed above detached garages,
located within a lot’s buildable area, pursuant to Section 21.10.030.E.4. of this title are not
subject to the one-story/fourteen-foot height limitation imposed on accessory structures;
Habitable detached accessory structures shall comply with all
requirements of the zone applicable to placement of a dwelling unit on a lot including setbacks;
Detached accessory structures, which are not dwelling units and
contain no habitable space, including but not limited to garages, workshops, tool sheds, decks
over thirty inches above grade, and freestanding patio covers shall comply with the following
additional development standards when located within a lot’s required setback areas:
The maximum allowable building area per structure shall
not exceed a building coverage of four hundred forty square feet,
The following setbacks shall apply: A front yard setback of
twenty feet, a rear yard setback of five feet, a side yard setback of five feet, and an alley
setback of five feet,
iii. The maximum plumbing drain size shall be one and one-
half inches in diameter so as to prohibit toilets, showers, bathtubs and other similar fixtures,
iv. The additional development standards listed above
(subsections 21 -16.060A.2.g.i through iii of this section) shall apply to the entire subject
accessory structure, not just the portion encroaching into a lot’s setback area; and
c.
iv.
V.
vi.
f.
g.
i.
ii.
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h. The provisions of this section are applicable notwithstanding the
permit requirements contained in Section 18.04.015 of this code. (Ord. NS-355 QQ 9, 10, 1996;
Ord. NS-243 QQ 11--13, 1993; Ord. 9060 Q 704)
21.16.070 Minimum Lot Area.
The minimum required area of a lot in the R-3 zone shall be not less than seven
thousand five hundred square feet, unless otherwise shown on the zoning map. (Ord. 9336 Q 5,
1972: Ord. 9060 Q 705)
A.
21.16.080 Lot Width.
Every lot created after the effective date of the ordinance codified in this chapter,
shall maintain a width not less than fifty feet at the rear line of the required front yard; provided,
however, if the zoning map indicates a minimum required area of six thousand square feet or
more, the minimum width of a lot shall be not less than sixty feet at the rear line of the required
front yard. (Ord. 9060 Q 707)
A.
21.16.090 Lot Coveraae.
than sixty percent of the area of a lot. (Ord. 9060 Q 708)
A. All buildings, including accessory buildings and structures, shall not cover more
SECTION IO: That Chapter 21.18 of the Carlsbad Municipal Code is amended to
read as follows:
ChaDter 21.18
R-P RESIDENTIAL PROFESSIONAL ZONE*
21.18.01 0 Intent and Purpose.
21.18.020 Permitted Uses.
21.18.030 Development Standards.
21.18.040 Special Conditions and Standards. * Prior ordinance history: Ord. 9060 QQ 800--808 as amended by Ords. 9224 and 9336.
21.18.01 0 Intent and PurDose.
A. The intent and purpose of the R-P residential-professional zone is to:
1. Implement the Office and Related Commercial (0), Residential Medium-
High Density (RMH) and Residential High density (RH) land use designations of the Carlsbad
General Plan; and Provide areas for the development of certain low-intensity business and
professional offices and related uses in locations in conjunction with or adjacent to residential
areas; and
3. Provide transitional light traffic-generating commercial areas between
established residential areas and nearby commercial or industrial development; and (Ord. 9391 Q 1 (part), 1974) 4. Provide regulations and standards for the development of office and
residential uses, and other permitted or conditionally permitted uses, as specified in this
chapter.
2.
21 .I 8.020 Permitted Uses.
In the R-P zone, notwithstanding any other provision of this title, only the uses
listed in Tables A and B, below, shall be permitted, subject to the requirements and
A.
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development standards specified by this chapter, and subject to the provisions of Chapter 21.44
governing off-street parking requirements.
The uses permitted by conditional use permit, as indicated in Tables A and B,
shall be subject to the provisions of Chapters 21.42 and 21 50.
Uses similar to those listed in Tables A and B may be permitted if the planning
director determines such similar use falls within the intent and purpose of this zone, and is
substantially similar to a specified permitted use.
A use category may be general in nature, where more than one particular use fits
into the general category (ex. in some commercial zones “offices” is a general use category that
applies to various office uses). However, if a particular use is permitted by conditional use
permit in any zone, the use shall not be permitted in a zone (even under a general use
category), unless it is specifically listed in the zone as permitted or conditionally permitted.
B.
C.
D.
TABLE A
IMPLEMENTS THE 0 LAND USE DESIGNATION
USES PERMITTED WHEN THE R-P ZONE
0 “P” indicates use is permitted
with approval of a conditional use permit.
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Recreational vehicle storage, subject to Sec. 21.42.01 0(9) (defined: Sec.
21.04.299)
Residential care facilities (serving more than six persons), subject to Sec.
X
X 21.42.01 0(8)(A) (defined: Sec. 21,04.300)
Satellite TV antennae, subiect to Sec. 21 53.1 30 - 21 S3.150 (defined: Sec. X 21.04.302)
Schools (business, vocational, and for such subjects as dance, drama,
cosmetology, music, martial arts, etc.)
Schools, public/private (defined: Sec 21.04.140)
Signs, subject to Chap. 21.41 (defined: Sec. 21.04.305)
Temporary bldgltrailer (construction), subject to Sec. 21 53.1 IO.
Wireless Telecommunication Facilities
0 “Acc” indicates use is permitted as an accessory use.
USE
Accessory buildings/structures (ex. garages, workshops, tool sheds, patio
covers, decks, etc.) (see notes I and 2, below) (defined: Sec. 21.04.020)
Agricultural crops
Animal keeping (household pets), subject to Sec. 21 53.084
Animal keeping (wild animals), subject to Sec. 21 S3.085
Aquaculture (defined: Sec. 21.04.036)
Bed and breakfasts, subject to Sec. 21.42.010(12)(A) (defined: Sec.
21.04.046)
Biological habitat preserve, subject to Sec. 21.42.010(15)(A) (defined: Sec.
21.04.048)
Campsites (overnight), subject to Sec. 21.42.01 0(2)(H)
Cemeteries
Child day care center, subject to Chap. 21.83 (defined: Sec. 21.04.086)
Churches
Dwelling, one-family (see note 3, below) (defined: Sec. 21.04.125)
Dwelling, two-family (see note 4, below) (defined: Sec. 21.04.130)
Dwelling, multiple-family, subject to Sec. 21 53.120 if more than 4 units are
proposed (defined: Sec. 21.04.1 35)
Family day care home (large), subject to Chap. 21.83 (defined: Sec.
21.04.147)
X
X
X
X
X
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0 T“ indicates use is permitted
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Sec. 21 .10.030 (defined: Sec. 21.04.303)
Signs, subject to Chap. 21.41 (defined: Sec. 21 .O4.305)
Temporary bldg./trailer (real estate or construction), subject to Sec.
21 53.090 and 21 53.1 10.
Timeshare projects, subject to Sec. 21.42.010( lO)(A) (defined: Sec.
X
X
X
X .. 21.04.357)
Wireless Telecommunication Facilities
Zoos (private), subject to Sec. 21.42.010(2)(K) (defined: Sec. 21.04.400)
\late:
1) Private garages (defined: Sec. 21.04.150) shall accommodate not more than two cars per dwelling unit.
2) When associated with a two-family or multiple-family dwelling, accessory
buildings shall not include guest houses or accessory living quarters (defined: Sec. 21.04.165).
3) One-family dwellings are permitted when developed as two or more detached units on one lot. Also, a single one-family dwelling shall be permitted on any legal lot that
existed as of [INSERT EFFECTIVE DATE OF ORDINANCE] , and which is designated and
zoned for residential use. Any proposal to subdivide land or construct more than one dwelling
shall be subject to the density provisions of the General Plan and intent of the underlying
residential land use designation.
A two-family dwelling shall not be permitted within the RH land use designation.
A conditional use permit is not required for a golf course if it is approved as part
of a master plan for a planned community development.
Mobile homes must be certified under the National Mobilehome Construction and
Safety Standards Act of 1974 (42 U.S.C. Section 5401 et seq.) on a foundation system pursuant
to Section 18551 of the State Health and Safety Code.
4)
5)
6)
X
X
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7) PubWquasi-public accessory utility buildings/facilities include, but are not limited
to, water wells, water storage, pump stations, booster stations, transmissionldistribution
electrical substations, operating centers, gas metering/regulating stations, or telephone
exchanges, with the necessary accessory equipment incidental thereto.
21.18.030 Development Standards.
Subject to the general development standards of Chapters 21.41 and 21.44, no
lot shall be created or structure constructed in the R-P zone that does not conform to the
following specific standards:
1. Lot Area Minimum. In the R-P zone the minimum area of all lots hereafter
created shall be seven thousand five hundred square feet.
2. Lot Width Minimum. Every lot hereafter created in the R-P zone shall
maintain a minimum lot width at the rear line of the required front yard on the basis of the
following:
A.
Lot Area Required Width
Less than 10,000 sq. ft.
Less than 20,000 sq. ft.
More than 20,000 sq. ft.
60 feet
75 feet
80 feet
3. Front Yard. Every lot in the R-P zone shall have a front yard of not less
than twenty feet in depth, except key lots which side upon commercially or industrially-zoned
property shall maintain a front yard of not less than fifteen feet.
Side Yard. In the R-P zone every lot shall have side yards as follows:
a. Interior lots shall have side yards that have width equal to ten
percent of the lot width, provided that such side yard shall not be less than five feet in width and
need not exceed ten feet in width; and
Corner lots shall have a side yard on the side lot line adjacent to
another lot of a width within the limitations for an interior lot above and a side yard adjacent to
the street of ten feet.
Rear Yard. In the R-P zone every lot shall have a rear yard of a depth
equal to twenty percent of the lot width, provided that such rear yard need not exceed twenty
feet.
6. Separation of Buildings. In addition to the required yards, buildings shall
be set as follows:
a. Minimum distance between habitable buildings, ten feet; and
b. Minimum distance between habitable buildings and accessory
structures, ten feet;
All accessory structures shall comply with the following development
standards:
a. The lot coverage shall include accessory structures in the lot
coverage calculations for the lot;
b. The distance between buildings used for human habitation and
accessory buildings shall be not less than ten feet;
c. When proposed on a lot adjoining native vegetation, accessory
structures within a fire suppression zone must be reviewed and approved by the fire
department;
Accessory buildings, by definition, do not share a common wall
with the main dwelling unit structure;
Buildings shall not exceed one story; and
Building height shall not exceed fourteen feet if a minimum roof
4.
b.
5.
7.
d.
e.
f.
pitch of 3:12 is provided or ten feet if less than a 3:12 roof pitch is provided,
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8. Second dwelling units constructed above detached garages, located
within a lot’s buildable area, pursuant to Section 21.10. 030.E.4. of this title are not subject to
the one-story/fourteen-foot height limitation imposed on accessory structures.
9. Habitable detached accessory structures shall comply with all
requirements of the zone applicable to placement of a dwelling unit of a lot including setbacks.
10. Detached accessory structures, which are not dwelling units and contain
no habitable space, including but not limited to garages, workshops, tool sheds, decks over
thirty inches above grade, and freestanding patio covers shall comply with the following
additional development standards when located within a lot’s required setback areas:
a. The maximum allowable building area per structure shall not
exceed a building coverage of four hundred forty square feet;
b. The following setbacks shall apply: A front yard setback of twenty
feet, a rear yard setback of five feet, a side yard setback of five feet, and an alley setback of five
feet;
The maximum plumbing drain size shall be one and one-half
inches in diameter so as to prohibit toilets, showers, bathtubs and other similar fixtures; and
The additional development standards listed above (subsections
21.18.040A.10.a through c of this section) shall apply to the entire subject accessory structure,
not just the portion encroaching into a lot’s setback area;
The provisions of this section are applicable notwithstanding the permit
requirements contained in Section 18.04.01 5 of this code;
Except for an accessory structure which is not a dwelling unit and
contains no habitable space and complies with the development standards specified in this
chapter, no building shall be located in any of the required yards;
Height Limits. In the R-P zone the maximum building height shall be
thirty-five feet;
Lot Coverage. In the R-P zone all buildings shall not cover more than
sixty percent of the total lot area; and
Parking Off-street. Parking shall not be provided in the required front or
side yards. (Ord. NS-243 §§ 14--16, 1993; Ord. NS-240 § 1, 1993; Ord. 9606 Q 1 (part), 1981;
Ord. 9391 Q 1 (part), 1974)
c.
d.
11.
12.
13.
14.
15.
21.18.040 Special Conditions and Standards.
A. In addition to the established development standards, when applicable the
following conditions shall be met:
1. Outside Display and Storage. No outdoor display of products or storage
shall be permitted.
2. Residential Structure Conversion. All existing residential structures
converted to commercial purposes shall be brought into conformance with all the requirements
of this title and Title 18 of this code.
3. Walls. Any lot proposed for nonresidential development which adjoins a
lot located in a. residential zone district shall have a solid masonry wall of six feet in height
installed along the common lot line, except in the front yard area where the wall shall be
reduced to forty-two inches in height.
4. Enclosure of Activities. All nonresidential uses shall be located in a
completely enclosed building. (Ord. 9391 Q 1 (part), 1974)
SECTION 11: That Section 21.20.026 of the Carlsbad Municipal Code is
amended to read as follows:
21.20.026 Second dwelling units.
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Second dwelling units are permitted according to the provisions of Section 21.10.030 of
this title on lots which are developed with detached single-family residences. The development
standards of this zone shall apply. (Ord. NS-663 9 8, 2003: Ord. NS-283 9 18, 1994)
SECTION 12: That Section 21.20.080(1)(G) of the Carlsbad Municipal Code is
amended to read as follows:
(G) Second dwelling units constructed above detached garages, located within a lot's
buildable area, pursuant to Section 21.10.0030.E.4. of this title are not subject to the one-
storyifourteen-foot height limitation imposed on accessory structures.
SECTION 13: That Chapter 21.22 of the Carlsbad Municipal Code is amended to
read as follows:
Chapter 21.22
R-W RESIDENTIAL WATERWAY ZONE
21.22.01 0 Intent and Purpose.
21.22.020 Permitted Uses.
21.22.0230 Building Height.
21.22.040 Front Yard.
21.22.050 Side Yard.
21.22.060 Rear Yard.
21.22.070 Accessory Structures.
21.22.080 Minimum Lot Area.
21.22.090 Lot Width.
21.22.1 00 Lot Coverage.
21.22.1 10 Waterway Access.
21.22.010 Intent and Purpose.
A. The intent and purpose of the R-W Residential Waterway zone is to:
1.
2.
3.
Implement 'the Residential High Density (RH) land use designation of the
Provide an area in which residential development centered about a
Provide regulations and standards for the development of residential
Carlsbad General Plan; and
navigable waterway may be accommodated; and
dwellings, and other permitted or conditionally permitted uses, as specified in this chapter.
21.22.020 Permitted Uses.
A. In an R-W zone, notwithstanding any other provision of this title, only the uses
listed in Table A, below, shall be permitted, subject to the requirements and development
standards specified by this chapter, and subject to the provisions of Chapter 21.44 governing
off-street parking requirements.
The uses permitted by conditional use permit, as indicated in Table A, shall be
subject to the provisions of Chapters 21.42 and 21 SO.
B.
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Wireless Telecommunication Facilities
Zoos (private), subject to Sec. 21.42.010(2)(K) (defined: Sec. 21.04.400)
TABLE A
PERMITTED USES
Municipal Code:
0
0
"P" indicates use is permitted
"CUP indicates use is permitted with approval of a conditional use permit.
X
X
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3) Boat launching and docking facilities are permitted only for the sole use of residents of any subdivision in which the facility is located, and which is within the R-W zone.
4) One-family dwellings are permitted when developed as two or more detached units on one lot. Also, a single one-family dwelling shall be permitted on any legal lot that
existed as of [INSERT EFFECTIVE DATE OF ORDINANCE] , and which is designated and
zoned for residential use. Any proposal to subdivide land or construct more than one dwelling
shall be subject to the density provisions of the General Plan and intent of the underlying
residential land use designation.
A conditional use permit is not required for a golf course if it is approved as part
of a master plan for a planned community development. Mobile homes must be certified under the National Mobilehome Construction and
Safety Standards Act of 1974 (42 U.S.C. Section 5401 et seq.) on a foundation system pursuant
to Section 18551 of the State Health and Safety Code.
Public/quasi-public accessory utility buildings/facilities include, but are not limited
to, water wells, water storage, pump stations, booster stations, transmission/distribution
electrical substations, operating centers, gas metering/regulating stations, or telephone
exchanges, with the necessary accessory equipment incidental thereto.
5)
6)
7)
21.22.030 Buildina Heinht.
NS-180 3 15, 1991: Ord. 9189 3 1 (part): Ord. 9060 3 951)
A. No building in the R-W zone shall exceed a height of thirty-five (35) feet. (Ord.
21.22.040 Front Yard.
1 (part): Ord. 9060 Q 952)
A. Every lot shall have a front yard of not less than ten feet in depth. (Ord. 9189 Q
21.22.050 Side Yard.
A. Every lot shall have side yards as follows:
1.
four feet in width;
2.
Interior lots shall have a side yard on each side of the lot of not less than
Corner lots and reversed corner lots shall have the following side yards:
a.
b.
On the side lot line which adjoins another lot, the side yard shall
On the side street side the width of the required side yard shall be
be the same as that required on an interior lot, and
eight feet. (Ord. 9189 Q 1 (part); Ord. 9060 9 953)
21.22.060 Rear Yard.
A. There shall be a rear yard of not less than eight feet in depth. (Ord. 9189 3 1
(part): Ord. 9060 Q 954)
21.22.070 Accessory Structures.
A. All accessory structures shall comply with the following development standards:
1.
2.
3.
4.
5.
6.
The lot coverage shall include accessory structures in the lot coverage
The distance between buildings used for human habitation and accessory
When proposed on a lot adjoining native vegetation, accessory structures
Accessory buildings, by definition, do not share a common wall with the
Buildings shall not exceed one story;
Building height shall not exceed fourteen feet if a minimum roof pitch of
calculations for the lot;
buildings shall be not less than ten feet;
within a fire suppression zone must be reviewed and approved by the fire department;
main dwelling unit structure;
3:12 is provided or ten feet if less than a 3:12 roof pitch is provided; and
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7. Second dwelling units constructed above detached garages, located
within a lot's buildable area, pursuant to Section 21.10.030.E.4. of this title are not subject to the
one-story/fourteen-foot height limitation imposed on accessory structures.
Habitable detached accessory structures shall comply with all requirements of
the zone applicable to placement of a dwelling unit on a lot including setbacks.
Detached accessory structures, which are not dwelling units and contain no
habitable space, including but not limited to garages, workshops, tool sheds, decks over thirty
inches above grade, and freestanding patio covers shall comply with the following additional
development standards when located within a lot's required setback areas:
1. The maximum allowable building area per structure shall not exceed a
building coverage of four hundred forty square feet;
2. The following setbacks shall apply: A front yard setback of twenty feet, a rear yard setback of five feet, a side yard setback of five feet, and an alley setback of five feet;
3. The maximum plumbing drain size shall be one and one-half inches in
diameter so as to prohibit toilets, showers, bathtubs and other similar fixtures; and
4. The additional development standards listed above (subsections
21.22.0706.1. through 3 of this section) shall apply to the entire subject accessory structure, not
just the portion encroaching into a lot's setback area.
D. The provisions of this section are applicable notwithstanding the permit
requirements contained in Section 18.04.015 of this code. (Ord. NS-355 5 13, 1996: Ord. NS-
243 5 18,1993: Ord. 9819 5 1 (part): Ord. 9060 Q 955)
6.
C.
21.22.080 Minimum Lot Area.
thousand square feet. (Ord. 9336 Q 9, 1972: Ord. 9189 Q 1 (part): Ord. 9060 Q 956)
A. The minimum required area of a lot in the R-W zone shall not be less than five
21.22.090 Lot Width.
required front yard. (Ord. 9189 9 1 (part): Ord. 9060 5 958)
A. Every lot shall have a width of not less than forty feet at the rear line of the
21.22.100 Lot Coverage.
than seventy-five percent of the area of the lot. (Ord. 9189 Q 1 (part): Ord. 9060 Q 959)
A. All buildings, including accessory buildings and structures, shall not cover more
21.22.1 10 Waterway Access. Not less than seventy percent in number of the R-W zoned lots in any subdivision
in an R-W zone shall have direct access to a navigable waterway.
For each twenty lots or portion thereof without direct access to a navigable
waterway, there shall be provided a boat launching facility within the subdivision on an R-W
zoned lot which does have direct access to a navigable waterway. The area of such lot not
utilized for the boat launching facility shall be improved for parking and shall conform to the
requirements of Sections 21.44.080 and 21.44.100. C. "Direct access" for the purpose of this section shall mean that at least twenty feet
or one-half, whichever is the longer, of a side or rear lot line shall border upon such navigable
waterway.
D. "Navigable waterway" for the purpose of this section means an ocean inlet or
lagoon, or other arm of the sea, actually usable for boating; and any channel actually usable for
boating and docking facilities connecting with an ocean inlet or lagoon or other arm of the sea.
(Ord. 9189 Q 1 (part): Ord. 9060 Q 961)
A.
B.
'
SECTION 14: That Chapter 21.24 of the Carlsbad Municipal Code is amended to
read as follows:
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USE P
Accessory buildings/structures (ex. garages, workshops, tool sheds, patio
Animal keeping (household pets), subject to Sec. 21 53.084
Animal keeping (wild animals), subject to Sec. 21 53.085
Aquaculture (defined: Sec. 21.04.036)
Bed and breakfasts, subject to Sec. 21.42.01 O( 12)(A) (defined: Sec.
Biological habitat preserve, subject to Sec. 21.42.010(15)(A) (defined: Sec.
covers, decks, etc.) (see note 1, below) (defined: Sec. 21.04.020)
21.04.046)
21.04.048)
21.24.010
21.24.020
21.24.030
21.24.040
21.24.050
21.24.060
21.24.070
21.24.080
21.24.090
21.24.100
21.24.1 10
21.24.1320
21.24.1530
21.24.1640
CUP Acc
X
X
X
X
X
X
Chapter 21.24
RD-M RESIDENTIAL DENSITY-MULTIPLE ZONE
Intent and Purpose.
Permitted Uses.
Building Height.
Front Yard.
Side Yard.
Setbacks-Subterranean Parking.
Rear Yard.
Yards--Structures Over Thirty-Five Feet in Height.
Accessory Structures.
Lot Area.
Lot Coverage.
Lot Width.
Improvements Required.
Special Conditions for Certain Lots.
21.24.010 Intent and PurDose.
A. The intent and purpose of the RD-M Residential Density-Multiple zone is to:
1. Implement the Residential Medium Density (RM), Residential Medium
High Density (RMH), and Residential High Density (RH) land use designations of the Carlsbac
General Plan; and
Provide regulations and standards for the development of residentia
dwellings, and other permitted or conditionally permitted uses, as specified in this chapter.
2.
21.24.020 Permitted Uses. In the RD-M zone, notwithstanding any other provision of this title, only the use5
listed in Table A, below, shall be permitted, subject to the requirements and developmen
standards specified by this chapter, and subject to the provisions of Chapter 21 -44 governins
off-street parking requirements.
The uses permitted by conditional use permit, as indicated in Table A, shall be
subject to the provisions of Chapters 21.42 and 21 30.
A.
B.
TABLE A
PERMllTED USES
In the table, below, subject to all applicable permitting and development requirements of the
Municipal Code:
0
0
“P” indicates use is permitted
“CUP” indicates use is permitted with approval of a conditional use permit.
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~~ ~ Mobile home (see notes 2, 3 & 5,elow) (defined: Sec.xO4.266)
Packinglsorting sheds >600 square feet, subject to Sec. 21.42.010(2)(F)
Parking lot/structure (commercial), publidprivate
Professional care facilities (defined: Sec. 21.04.295)
Public buildings
PublicYquasi-public accessory utility buildingslfacilities (see note 6, below)
Recreational vehicle storage, subject to Sec. 21.42.01 0(9) (defined: Sec.
X
X
X
X
X
X
X
21.04.299)
Residential care facilities (serving more than six persons), subject to Sec. X
21.42.01 0(8)(A) (defined: Sec. 27.04.300)
Satellite TV antennae, subject to Sec. 21 53.1 30 - 21 S3.150 (defined: Sec. X
21.04.302)
Schools, public/private (defined: Sec 21.04.140)
Second dwelling unit (accessory to a one-family dwelling only), subject to
Note:
1 ) When associated with a two-family or multiple-family dwelling, accessory
buildings shall not include guest houses or accessory living quarters (defined: Sec. 21.04.165).
2) Within the RM land use designation, a one-family dwellinglsubdivision is
permitted.
3) Within the RMH and RH land use designations, one-family dwellings are
permitted when developed as two or more detached units on one lot. Also, a single one-family
dwelling shall be permitted on any legal lot that existed as of
[INSERT EFFECTIVE DATE OF ORDINANCE] , and which is designated and zoned for
residential use. Any proposal to subdivide land or construct more than one dwelling shall be
subject to the density provisions of the General Plan and intent of the underlying residential land
use designation.
X
X
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Sec. 21.10.030 (defined: Sec. 21.04.303)
Signs, subject to Chap. 21.41 (defined: Sec. 21.04.305)
Temporary bldgdrailer (real estate or construction), subject to Sec.
X
X
21.53.09Oand21.53.110
Wireless Telecommunication Facilities
Zoos (private), subject to Sec. 21.42.010(2)(K) (defined: Sec. 21.04.400)
X
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4)
5)
6)
A conditional use permit is not required for a golf course if it is approved as part
of a master plan for a planned community development.
Mobile homes must be certified under the National Mobilehome Construction and
Safety Standards Act of 1974 (42 U.S.C. Section 5401 et seq.) on a foundation system pursuant
to Section 18551 of the State Health and Safety Code.
Publidquasi-public accessory utility buildingslfacilities include, but are not limited
to, water wells, water storage, pump stations, booster stations, transmissionldistribution
electrical substations, operating centers, gas meteringlregulating stations, or telephone
exchanges, with the necessary accessory equipment incidental thereto.
21.24.030 Buildina Height.
Q 1 (part), 1970: Ord. 9060 Q 972)
A. No building shall exceed a height of thirty-five feet. (Ord. 9534, 1979: Ord. 9251
21.24.040 Front Yard.
There shall be a front yard of not less than twenty feet in depth with exceptions
as follows:
1. Fifteen feet shall be permitted providing carport or garage openings do
not face onto the front yard; and
2. Ten feet shall be permitted providing carport or garage openings do not
face onto the front yard, and that the remaining front yard is landscaped with a combination of
flowers, shrubs, trees, and irrigated with a sprinkler system. Landscape plans and irrigation
system plans shall be approved by the planning director prior to issuance of a building permit for
a proposed structure. (Ord. 1256 Q 13 (part), 1982; Ord. 9251 Q 1 (part), 1970: Ord. 9060 Q 973)
A.
21.24.050 Side Yard.
A. Every lot shall have side yard as follows:
1.
five feet in width;
2.
Interior lots shall have a side yard on each side of the lot of not less than
Corner lots and reversed corner lots shall have side yards as follows:
a. On the side lot line which adjoins another lot, the side yard shall
be the same as that required on an interior lot, and
b. On any side of a lot which is adjacent to a street, the side yard
shall be ten feet, with exception that: the required ten-foot side yard abutting a street may be
reduced to five feet, providing parking spaces do not open directly onto the street and, that the
side yard is landscaped and maintained as prescribed in Section 21.24.040.
A zero foot side yard setback shall be permitted to one interior side yard,
provided:
a. That the owners of both lots common to the proposed zero side
yard are in agreement with the concept,
b. That a specific plan is filed with the city for approval, showing the
proposed building locations, parking, and side yard areas for both lots, and
c. That the remaining side yard shall be not less than twenty-five
percent of the total lot width measured at the front setback line. (Ord. 9251 Q 1 (part), 1970: Ord.
9060 Q 974)
3.
21.24.060 Setbacks--Subterranean Parkina.
Zero foot setback for subterranean parking shall be permitted provided the
required setbacks for the dwelling structure are landscaped and maintained as prescribed in
Section 21.24.040. (Ord. 9251 Q 1 (part), 1970: Ord. 9060 Q 975)
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21.24.070 Rear Yard.
1970: Ord. 9060 9 976)
A. There shall be a rear yard of not less than ten feet in depth. (Ord. 9251 Q 1 (part),
21.24.080 Yards--Structures Over Thirtv-Five Feet in Heiqht.
A. The above specified yard.requirements apply only to those structures up to a
height of thirty-five feet. For any other structure which has had its height increased by approval
of a specific plan, the yards shall be increased at a ratio of one and one-half additional foot
horizontally, for each eight feet of vertical construction. (Ord. 9251 Q 1 (part), 1970: Ord. 9060 Q
977)
21.24.090 Accessow Structures.
A. All accessory structures shall comply with the following development standards:
1. The lot coverage shall include accessory structures in the lot coverage
calculations for the lot;
2. The distance between buildings used for human habitation and accessory
buildings shall be not less than ten feet;
3. When proposed on a lot adjoining native vegetation, accessory structures
within a fire suppression zone must be reviewed and approved by the fire department;
4. Accessory buildings, by definition, do not share a common wall with the
main dwelling unit structure;
5. Buildings shall not exceed one story; and
6. Building height shall not exceed fourteen feet if a minimum roof pitch of
3: 12 is provided or ten feet if less than a 3: 12 roof pitch is provided.
Second dwelling units constructed above detached garages, located within a lot’s
buildable area, pursuant to Section 21.10.030.E.4. of this title are not subject to the one-
story/fourteen-foot height limitation imposed on accessory structures.
Habitable detached accessory structures shall comply with all requirements of
the zone applicable to placement of a dwelling unit on a lot including setbacks.
Detached accessory structures, which are not dwelling units and contain no
habitable space, including but not limited to garages, workshops, tool sheds, decks over thirty
inches above grade, and freestanding patio covers shall comply with the following additional
development standards when located within a lot’s required setback areas:
I. The maximum allowable building area per structure shall not exceed a
building coverage of four hundred forty square feet; 2. The following setbacks shall apply: A front yard setback of twenty feet, a
rear yard setback of five feet, a side yard setback of five feet, and an alley setback of five feet;
3. The maximum plumbing drain size shall be one and one-half inches in
diameter so as to prohibit toilets, showers, bathtubs and other similar fixtures; and
4. The additional development standards listed above (subsections
21.24.0900.1 through 3 of this section) shall apply to the entire subject accessory structure, not
just the portion encroaching into a lot’s setback area.
E. The provisions of this section are applicable notwithstanding the permit
requirements contained in Section 18.04.015 of this code. (Ord. NS-355 9 14, 1996: Ord. NS-
243 § 19, 1993: Ord. 9251 Q 1 (part), 1970: Ord. 9060 5 978)
B.
C.
D.
21.24.100 Lot Area.
implements the RM land use designation, shall be as follows:
1.
square feet; and
A. The minimum required area of a lot in the RD-M zone, when the zone
For one-family dwellings: a lot area not less than six thousand (6,000)
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2. For two-family and multiple dwellings: a lot area not less than ten
thousand (10,000) square feet, except that the joining of two smaller lots shall be permitted
although their total area does not equal the required lot area.
The minimum lot area of a lot in the RD-M zone, when the zone implements the
RMH or RH land use designations, shall not be less than ten thousand (10,000) square feet,
except that the joining of two smaller lots shall be permitted although their total area does not
equal the required lot area.
B.
21.24.1 IO Lot Coveraae.
the lot than sixty percent. (Ord. 9251 § 1 (part), 1970: Ord. 9060 980)
A. All buildings, including accessory buildings and structures, shall cover no more of
21.24.120 Lot Width.
required front yard. (Ord. 9251 5 1 (part), 1970: Ord. 9060 5 982)
A. Every lot shall have a width of not less than sixty feet at the rear line of the
21.24.130 Improvements Required.
Prior to an occupancy permit being issued by the community development
director for any new units constructed in the RD-M zone, it shall be necessary for the developer
to upgrade or install those public improvements deemed necessary for public convenience and
necessity.
6. Improvements as may be required by the city engineer shall be constructed to
city standards and specifications.
C. In such case where there are not adjacent improvements or official street grade
has not been established, the city engineer may recommend to the city council that a future
street improvement agreement be entered into. (Ord. 1261 § 41, 1983; Ord. 9251 § 1 (part),
1970: Ord. 9060 § 984)
A.
21 24.140 Special Conditions for Certain Lots.
A. In approving a site development plan, planned development permit, tentative
map or other discretionary permit, for a property located in the RD-M zone and adjacent to an
R-1 zone, the planning commission or city council may impose special conditions or
requirements that include but are not limited to provisions for the following: 1.
2.
3. Additional landscaping;
4. Signs, fences and walls;
5. Special grading restrictions;
6.
7.
8.
Special setbacks, yards, open space;
Special height and bulk of building regulations;
Regulation of point of ingress and egress; and
Compatibility with surrounding properties and land uses; and
Such other conditions as deemed necessary to ensure conformity with
the general plan and other adopted policies, goals or objectives of the city. (Ord. NS-186 5 1,
1991)
SECTION 15: That Chapter 21.37 of the Carlsbad Municipal Code is amended to
read as follows:
Chapter 21.37
RMHP RESIDENTIAL MOBILE HOME PARK ZONE
21.37.01 0 Intent and Purpose.
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USE P CUP
Buildings incidental to a mobile home park (ex. recreational buildings,
21.37.020
21.37.030
21.37.040
21.37.050
21 -37.060
21.37.070
21.37.080
21.37.090
21.37.1 00
21.37.1 IO
21.37.120
21.37.1 30
Acc
X
Permitted Uses.
Permit Required.
Application.
Transmittal to the Planning Commission.
Planning Commission Report.
City Council Determination.
Final Mobile Home Park Plan.
Design Criteria.
Development Standards.
Removal of Mobile Home Park Zone.
Conversion.
Waiver of Tentative and Final Map for Mobile Home Park Conversions.
laundry facilities, etc.)
Animal keeping (household pets), subject to Sec. 21 53.084
Animal keeping (wild animals), subject to Sec. 21 53.085
Aquaculture (defined: Sec. 21.04.036)
Biological habitat preserve, subject to Sec. 21.42.010(15)(A) (defined: Sec.
Campsites (overnight), subject to Sec. 21.42.01 0(2)(H)
Family day care home (large), subject to Chap. 21.83 (defined: Sec.
21.04.048)
Cemeteries
Churches
21.04.147)
21.37.010 Intent and PurDose.
A. The intent and purpose of the mobile home park zone is to:
1. Provide locations where mobile homes and mobile home parks may be
2. Provide a means to regulate and control the conversion of existing mobile
3. Promote and encourage an orderly residential environment with
4. Implement the goals and objectives of the general plan, including all
established, maintained and protected;
home parks to another use;
appropriate physical amenities; and
residential land use designations and the housing element. (Ord. 9564 Q 2 (part), 1980)
X
X
X
X
X
X
X
X
21.37.020 Permitted Uses. In an RMHP zone, notwithstanding any other provision of this title, only the uses
listed in Table A, below, shall be permitted, subject to the requirements and development
standards specified by this chapter, and subject to the provisions of Chapter 21.44 governing
off-street parking requirements.
The uses permitted by conditional use permit, as indicated in Table A, shall be
subject to the provisions of Chapters 21.42 and 21 SO.
A.
B.
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Family day care home (small), subject to Chap. 21.83 (defined: Sec.
21.04.148) X
Golf courses (see note 1, below)
Greenhouses > 2,000 square feet, subject to Sec. 21.42.010(2)(F)
Home occupation, subject to Sec. 21.1 0.040
X
X
X
Mobil home accessory structures (defined: Sec. 21.04.267)
Mobile home parks (see note 2, below)
Packinglsorting sheds > 600 square feet, subject to Sec. 21.42.010(2)(F)
Public buildings
Public/quasi-public accessory utility buildings/facilities (see note 3, below)
Satellite TV antennae, subject to Sec. 21 53.130 - 21 53.150 (defined:
X
X
X
X
X
X
Note:
A conditional use permit is not required for a golf course if it is approved as part
of a master plan for a planned community development.
A mobile home park may be a condominium, planned unit development, or rental
park consisting of mobile homes. Subject to the provisions of Section 18551 of the California
Health and Safety Code, mobile homes may be placed on permanent foundation systems in
condominium or planned-unit development parks. Subject to the provisions of Sections 18551.1
and 1861 1 of the California Health and Safety Code mobile homes and factory-built houses may
be placed on permanent foundation systems in any mobile home park for which a permit was
issued after January 1, 1982 and designated to accommodate homes on permanent foundation
sys tems.
3) Publidquasi-public accessory utility buildings/facilities include, but are not limited to, water wells, water storage, pump stations, booster stations, transmission/distribution
electrical substations, operating centers, gas metering/regulating stations, or telephone
exchanges, with the necessary accessory equipment incidental thereto.
1)
2)
Sec. 21.04.302)
Schools, publidprivate (defined: Sec 21.04.140)
Signs, subject to Chap. 21.41 (defined: Sec. 21.04.305)
Temporary bldghrailer (real estate or construction), subject to Sec.
21 53.090 and 21 53.1 10
21.37.030 Permit Required.
No person shall develop a mobile home park and no mobile home park shall be
established unless a mobile home park permit has been issued according to this chapter.
The conversion to condominiums of mobile home parks existing on the effective
date of the adoption of Chapter 21.37 may be exempt from the development standards
identified in this chapter, providing that the planning commission and city council find that the
mobile home park shall remain substantially in conformance with the existing facility allowing
conversion and provided the conversion qualifies under Chapter 11, Division 31 of the Health
and Safety Code (Health and Safety Section 50780 et seq.). Such conversion of existing mobile
home parks shall still be subject to Sections 21.37.110 and 21.37.120. (Ord. 9836 § 1, 1987:
Ord. 9564 § 2 (part), 1980)
A.
B.
X
X
X
21.37.040 Awlication.
Application for a mobile home park permit shall be made to the city council
through the planning department and planning commission in accordance with the procedures
set forth in this section:
A.
Wireless Telecommunication Facilities
Zoos (private), subject to Sec. 21.42.010(2)(K) (defined: Sec. 21.04.400)
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1. An application for a mobile home park permit may be made by the record owner or owners of the property on which the development is proposed to be constructed. The
application shall be filed with the planning director and shall contain a legal description of the
property involved and an explanation and description of the proposed use. The planning director
may prescribe the form and content of such application;
A fee as established by city council resolution shall be paid when
application for a mobile home park permit is made;
The application shall be accompanied by a development plan including
the location of all mobile home lots and accessory buildings, a landscape plan and a grading
plan including cross-sections of any proposed grading. The planning director may require any
additional documents or information necessary to insure complete review of the project;
If the applicant contemplates the construction of a mobile home park in
phases, the application shall so state and shall include a proposed construction schedule;
If the project is to provide open areas and recreational facilities to be used
by the occupants of two or more dwelling units, it shall be stated in the application and the
application shall include a plan, acceptable to the city, for the preservation and maintenance of
the common elements of the property; and
If the proposed park will be a condominium or planned unit development,
a tentative map prepared according to the requirements of Chapter 20.12 of this code shall be
filed at the time of the application for the mobile home park. No tentative map for a mobile home
condominium or planned unit development shall be approved unless a mobile home park permit
has first been approved. A tentative map for a mobile home condominium or planned unit
development shall not be deemed submitted for approval until the date of the first planning
commission hearing on the permits. (Ord. 1256 55 7 (part) and 13 (part), 1982; Ord. 9564 § 2
2.
3.
4.
5.
6.
(part), 1980)
21.37.050 Transmittal to the Planninq Commission.
A. The planning director shall transmit the application for a mobile home park
permit, together with his recommendation thereon, to the planning commission for public
hearing when all necessary reports and processing have been completed. When an application
is relative to another discretionary permit, it may be considered by the planning commission
concurrent with their consideration of such discretionary permit. Notice of the public hearing
shall be given as provided in Section 21.54.060(1) of this code. (Ord. 1256 Q 7 (part), 1982; Ord.
9564 Q 2 (part), 1980)
21.37.060 Planninq Commission ReDort.
The planning commission shall hear and consider the application for a mobile
home park permit and shall prepare a report and recommendation for the city council. A copy of
the report and recommendation shall be mailed to the applicant and shall be filed with the city
clerk who shall set the matter for public hearing before the city council. Notice of the public
hearing shall be given as provided in Section 21.54.060(1) of this code. (Ord. 9758 § 8, 1985;
Ord. 9564 Q 2 (part), 1980)
A.
21.37.070 City Council Determination.
The city council may approve, conditionally approve, or disapprove a mobile
home park permit. Such determination shall be made in accord with this code, the general plan
and any applicable specific plans. A permit shall not be approved or conditionally approved unless the council finds
that the design and improvement of the project are consistent with the development standards
and design criteria established by this chapter. (Ord. 9564 Q 2 (part), 1980)
A.
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21.37.080 Final Mobile Home Park Plan.
A. After approval of the mobile home park permit, the applicant shall prepare a
reproducible copy of the approved mobile home park site plan known hereafter as the final
mobile home park plan, which shall incorporate all requirements of the mobile home park permit
approval.
B. The final mobile home park plan shall be submitted to the planning director for
signature. Prior to signing the final mobile home park plan, the planning director shall determine
that all applicable requirements have been incorporated into the plan and that all conditions of approval have been satisfactorily met or otherwise guaranteed. (Ord. 1256 5 10 (part), 1982;
Ord. 9564 5 2 (part), 1980)
21.37.090 Desian Criteria.
The following design criteria shall apply to all mobile home parks:
1. The overall plan shall be comprehensive, embracing land, mobile homes,
buildings, landscaping and their interrelationships, and shall conform to adopted plans for all
governmental agencies for the area in which the proposed development is located;
The plan shall provide for adequate circulation, off-street parking, open
recreational areas and other pertinent amenities. Mobile homes, buildings, structures and
facilities in the park shall be well integrated, oriented and related to the topographic and natural
landscape features of the site; 3. The proposed development shall be compatible with existing and planned
land use and with circulation patterns on adjoining properties. It shall not constitute a disruptive
element to the neighborhood or community; and
Common areas and recreational facilities shall be located so as to be
readily accessible to the occupants of the dwelling units and shall be well related to any
common open spaces provided. (Ord. 9564 § 2 (part), 1980)
A.
2.
4.
21.37.100 Development Standards.
A. A mobile home park shall comply with the following development standards:
1.
2.
A mobile home park shall be not less than five acres for a condominium
or planned unit development park and fifteen acres for a rental park;
Fifteen percent of the mobile home sites may be three thousand square
feet in area to accommodate a twenty foot wide mobile home. The remaining sites shall have a
minimum of three thousand five hundred square feet in area;
3.
4.
Each mobile home lot shall have a width of not less than fifty feet;
Not more than one single-family mobile home or factory-built home may
be placed on a mobile home lot. Each mobile home or factory-built house shall contain one
dwelling unit only, No mobile home or factory-built house shall be less than twenty-four feet
wide, except for the fifteen percent affordable housing units which may be twenty feet wide;
Each mobile home site shall have a front yard of not less than five feet.
The front yard so required shall not be used for vehicle parking, except such portion thereof as
is devoted to driveway use; On corner mobile home sites, the side yard adjoining the mobile home
park street shall not be less than five feet;
Except for corner lots, each mobile home lot shall have a side yard of not
less than three feet and a rear yard of not less than three feet;
The minimum separation between mobile homes or between a mobile
home and a building shall be as follows: from side to side, ten feet; from side to rear, eight feet;
from rear to rear, six feet;
Notwithstanding the separation requirement, a private garage may be
located immediately adjacent to a mobile home if the interior of the garage wall adjacent to the
mobile home is constructed of materials approved for one-hour fire resistive construction. If
there are openings in the mobile home wall adjacent to the garage wall, a minimum of three feet
5.
6.
7.
8.
9.
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separation shall be maintained between the mobile home and a private garage which does not
meet the requirements for one-hour fire resistive construction;
Private garages shall maintain a minimum side yard and rear yard of not less than three feet;
Carports/awnings must be constructed of noncombustible materials and may be constructed to the lot line provided there is a minimum of three feet clearance from a
mobile home or any other structures on the adjacent lots;
A maximum of two storage cabinets shall be permitted on each mobile home lot. The aggregate floor area of the cabinets shall not exceed one hundred square feet
nor shall the height of the cabinets exceed ten feet. Storage cabinets may be located on a lot
line or adjacent to a mobile home or mobile home accessory building or structure or beneath an
awning or carport; provided, that it does not obstruct the required exiting or openings for light
and ventilation of a mobile home or a cabana, or prevent service or inspection of mobile home
equipment and utility connections or encroach within a designated open space area;
Expansion or alteration of buildings which are nonconforming by reason
of inadequate yards shall comply with Section 21.48.090. Miscellaneous accessory structures
such as lath houses, greenhouses, storage buildings (greater than one hundred square feet in
floor area), etc., may be erected on a mobile home lot, provided they are located a minimum of
six feet from any mobile home, outside any required yard and the occupied area of a lot does
not exceed seventy-five percent of the lot;
14. When used for access to a parking facility, a side yard shall be wide
enough for a ten foot wide unobstructed driveway. All such side yard driveways shall be paved
with cement or asphaltic concrete; 15. Window awnings, not including structures, may project not more than four
feet into any front yard and the following features may be erected or project into any required
yard:
IO.
1 1.
12.
13.
a.
b.
C. Mail boxes;
The area of the mobile home and all mobile home accessory structures
shall not cover more than seventy-five percent of the mobile home site;
Each mobile home site shall include a paved area suitable for providing
automobile shelter with space for at least two automobiles. Recreation and laundry areas
combined shall have sufficient parking facilities to accommodate one automobile for every five
mobile home sites up to fifty lots and one space for each ten lots thereafter; Mobile home park streets shall be provided in such a pattern as to
provide convenient traffic circulation within the mobile home park. Such streets shall be built to
the following standards:
a. No roadway shall be less than thirty four feet in width;
b. There shall be concrete curbs on each side of the streets;
c. The mobile home park streets shall be paved according to
d. Mobile home park streets shall be lighted in accordance with the
Visitor parking shall be provided at a ratio of one space per four mobile
The city council may permit decentralization of the recreational facilities in
Vegetation, including trees, shrubs and other plants;
Necessary appurtenances for utility service;
16.
17.
18.
standards established by the city engineer;
standards established by the city engineer;
19.
home units. On-street parking may be counted towards meeting this requirement;
20.
accordance with principles of good planning;
21. Utilities.
a.
b.
All utilities shall be underground; and
Television reception shall be by means of cable television or one
antenna or several common antennae if the size or configuration of the mobile home park
requires more than one. Individual TV antennas on a coach shall be prohibited;
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22. Common trash-bin enclosures shall be provided. They shall be of
masonry construction and compatible with the mobile home park;
23. Service buildings and facilities shall be strategically located throughout
the park for convenient access from mobile homes. No service building shall be closer than
twenty feet to any property adjacent to the mobile home park;
24. Mobile home parks shall be enclosed by solid masonry fences, six feet in
height, subject to planning director approval, along dedicated street frontages and interior
property lines; and
25. All new mobile homes shall bear a valid insignia of approval issued by the
State Department of Housing and Community Development. (Ord. NS-602 Q 4, 2001: Ord. NS-
24 Q 1, 1988; Ord. 9804 Q 4, 1986; Ord. 9782 Q 1, 1985; Ord. 1256 Q 7 (part), 1982; Ord. 9564 Q
2 (part), 1980)
21.37.1 10 Removal of Mobile Home Park Zone.
A. The removal of the mobile home park zone shall be accomplished according to
the procedure for change of zone established by Chapter 21 52 of this code.
B. No change of zone shall be approved unless the city council, after
recommendation of the planning commission, finds:
That the change of zone is consistent with the housing element;
That for the property used for a mobile home park, the applicant has
provided notice of termination of tenancy required by the California Civil Code Section 798.56 (f)
and that all requirements of the Civil Code regarding termination of tenancy will be met;
That for property used for a mobile home park, a plan satisfactory to the
city council to mitigate the impact on residents of the park has been prepared. Such plan shall
include a phase-out schedule which establishes a timetable for the change of use and shall
include an assistance plan, including programs to aid residents who will be displaced by the
change of use in locating and securing new residences. Such aid may include financial
assistance. The following factors shall guide the council in approving or disapproving the plan:
a. The age of the mobile home park,
b. The number of low income individuals or households needing
assistance for relocation, and
c. The availability of relocation housing, sites for mobile home
relocation, or both, having reasonably equivalent amenities, within the North County area within
fifteen miles of the Pacific Ocean.
In making decisions pursuant to this section, the council shall consider the effect
of the decision on the housing needs of the community and balance those needs against the
public service needs of the residents and available fiscal and environmental resources. (Ord.
9564 Q 2 (part), 1980
1.
2.
3.
C.
21.37.120 Conversion.
"Conversion" means a use of the mobile home park for a purpose other than the
rental, or the holding out for rent, of two or more mobile home sites to accommodate mobile
homes used for human habitation. A conversion may affect an entire park or any portion thereof.
"Conversion" includes, but is not limited to, a change of the park or any portion thereof to a
condominium, stock cooperative, planned unit development, or any form of ownership wherein
spaces within the park are to be sold. "Conversion" does not include a change in the use of the
property requiring a change of zone.
No conversion shall be allowed unless a mobile home permit has been approved
by the city council pursuant to Chapter 21.37, except that existing mobile home parks may be
exempt from the development standards identified in this chapter pursuant to Section
21.37.030. In processing the mobile home park permit for existing mobile home parks found not
to be subject to the development standards of this chapter, the planning commission and city
council may add reasonable conditions to the permit. Applications for conversions of existing
A.
B.
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mobile home parks may be made by property owners, or by the residents with property owner
concurrence .
No conversion permit shall be issued unless the city council finds:
1. That the notice required by California Civil Code Section 798.56(f) has
been or will be given;
2. Each of the tenants of the proposed condominium, stock cooperative
project, planned unit development or other form of ownership has been or will be given notice of
an exclusive right to contract for the purchase of their respective site or mobile home lot upon
the same terms and conditions that such site will be initially offered to the general public or
terms more favorable to the tenant. The right shall run for a period of not less than one hundred
eighty days from the date of issuance of the subdivision public report pursuant to Section
1 101 8.2 of the Business and Professions Code, unless the tenant gives prior written notice of
his intention not to exercise the right; and
3. That the conversion is consistent with the general plan; a specific finding
of consistency with the housing element shall be made.
Following recordation of a certificate of compliance, or conditional certificate of
compliance, ownerdtenants of mobile homes on any unpurchased remaining interest shall not
be economically displaced for a period of one year from the date of recordation. A rent increase
may be levied during this year provided the increase is equal to or less than the average annual
rent increase levied during the previous three years,
As a condition of the waiver of tentative map pursuant to Section 21.37.130, the
owner of the unpurchased remaining interest shall have a relocation plan approved by the city
council for those tenants who choose to relocate their mobile homes. The relocation plan shall
also provide assistance for residents who are renting a coach in the park who will be displaced
by the purchase of their space. The following factors shall guide the council in approving or
disapproving the plan:
The age and condition of the mobile home units; The number of low-income individuals or households needing assistance
for relocation;
The availability of relocation housing, sites for mobile home relocation, or
both, having reasonably equivalent amenities, within the North County area within fifteen miles
of the Pacific Ocean; and 4. The necessity for financial assistance for relocation.
Conditions, covenants and restrictions (CC&Rs) for any conversion shall be
submitted to the planning director for approval prior to final map, or final action and the CC&Rs
shall provide for the periodic maintenance of the exteriors of the mobile homes. The conditions,
covenants and restrictions cannot be altered or dissolved without written city approval. (Ord.
9836 §§ 2-45, 1987; Ord. 9684, 1983; Ord. 9564 9 2 (part), 1980)
C.
0.
E.
1.
2.
3.
F.
21.37.130
A. Other provisions of this chapter notwithstanding, the city council may, by
resolution, waive the requirement for a tentative and final map for a single parcel subdivision for
the conversion of an existing mobile home park to condominiums. Prior to granting such a
waiver, the city council shall make the following findings:
This waiver shall be granted only to conversion of existing mobile home
parks on a single parcel;
A petition, requesting the conversion, shall be signed by the property
owner and at least two-thirds of the residents of the mobile home park and shall be submitted to
the planning director;
The proposed subdivision shall not result in the economic displacement
from the subject mobile home park of tenants/owners on remaining unpurchased interests
located within the subject mobile home park unless the owner complies with Section
21.37.120(e);
Waiver of Tentative and Final MaD for Mobile Home Park Conversions.
1.
2.
3.
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4. A mobile home park permit shall be concurrently approved by the city council with the granting of this waiver. Even though a project may be deemed exempt, the
permit application shall include an analysis of conformance with present development; and
The subdivision shall comply with such requirements then in effect as
may have been established by the Subdivision Map Act or this chapter pertaining to area,
improvement and design, floodwater drainage control, appropriate improved public roads,
sanitary disposal facilities, water supply availability, environmental protection, and other
requirements of the Subdivision Map Act or this chapter.
The subdivider requesting a waiver as provided for in this section shall make
application therefore on such forms as may be provided for by the planning director.
Upon the grant of a waiver as provided for under this section, the city engineer
shall prepare a certificate of compliance or conditional certificate of compliance, as appropriate,
for recordation in the ofke of the county recorder for the purpose of documenting the approval
of the subdivision. The city engineer shall not record or release for recordation a conditional
certificate of compliance prepared pursuant to this section unless and until the owner or owners
of the property to be subdivided have entered into an agreement with the city to provide for the
satisfactory completion of all conditions of the certificate of compliance and shall have provided
improvement security, as appropriate, as provided for in Chapter 5 of the Subdivision Map Act.
(Ord. 9836 § 6,1987)
5.
B.
C.
SECTION 16: That Section 21.38.025 of the Carlsbad Municipal Code is
amended to read as follows:
21.38.025 Second dwellins units.
Second dwelling units are permitted according to the provisions of Section 21.10.030 of
this title in areas designated by a master plan for single-family detached dwellings. For second
dwelling units proposed on standard lots (minimum seven thousand five hundred square feet in
area) which are developed with detached single-family residences, the development standards
of Chapter 21 .IO shall apply. For second dwelling units proposed on substandard lots (less than
seven thousand five hundred square feet in area) which are developed with detached single-
family residences, the development standards of Chapter 21.45 shall apply. (Ord. NS-663 Q 11,
2003: Ord. NS-283 § 6, 1994)
SECTION 17: That Section 21.45.010 of the Carlsbad Municipal Code is
amended to read as follows:
21.45.01 0 Intent and Durpose.
The purpose of the planned development ordinance is to:
A.
B.
Recognize the need for a diversity of housing and product types;
Provide a method for clustered property development that recognizes that the
impacts of environmentally and topographically constrained land preclude the full development
of a site as a standard single-family subdivision;
Establish a process to approve the following: separate ownership of dwelling
units with lots or exclusive use areas of less than seven thousand five hundred square feet in
size or as otherwise allowed by the underlying zone; condominium ownership in multiple-unit
buildings; and conversion of existing , residential development to condominiums;
Allow the development of small-lot subdivisions in existing R-1 neighborhoods
when the proposed site is contiguous to a higher intensity land use or an existing project of
comparable or higher density;
C.
D.
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Zone Single-family Two-Family Multiple
Detached Dwelling Dwelling Dwelling
R- 1 x (1) (5) x (2) (5) (5) (6) R-2 x (5) x (5) x (2) (5) R-3 X X X
RD-M X X X
R-W N /A X X
P-c (3) X x X
E. Allow the development of small-lot subdivisions, two-family and multiple-family
dwellings, on existing R-1 zoned properties when the project site contains sensitive biological
resources as identified in the Carlsbad Habitat Management Plan;
Permit the development of small-lot subdivisions in multi-family zones (except
when the multiple-family zone implements the RH land use designation) as an alternative
product type to attached dwelling units; and
Encourage and allow more creative and imaginative design by including relief
from compliance with standard residential zoning regulations. To offset this flexibility in
development standards, planned developments are required to incorporate amenities and
features not normally required of standard residential developments. (Ord. NS-612 § 1 (part),
2001)
F.
G..
SECTION 18: That Section 21.45.040 of the Carlsbad Municipal Code is
amended to read as follows:
21.45.040 Permitted zones and uses.
Permitted Zones. The planning director, planning commission or city council may
approve a permit for a planned development in the R-1, R-2, R-3, RD-MI R-W and P-C
residential zones or combination of zones subject to the requirements of this chapter. When
approved, a planned development permit shall become the zoning regulations applicable to the
subject property.
B. Permitted Uses. In addition to any principal use, accessory use, transitional use
or conditional use permitted in the underlying zone, planned developments that are proposed in
the following residential zones may include the following residential uses listed in Table A,
Permitted Residential Uses, below.
A.
TABLE A
I Uses(4j 1
(1) Only permitted when: 1) the project site is contiguous to a higher intensity land use
or an existing project of comparable or higher density; or 2) the project site contains
sensitive biological resources as identified in the Carlsbad Habitat Management
Plan. Only permitted when: 1) the proposed project site is contiguous to a lot or lots zoned
R-3, R-T, R-P, C-1, C-2, C-M or MI but in no case shall the project site consist of
more than one lot nor be more than ninety feet in width, whichever is less; or, 2) the
project site contains sensitive biological resources as identified in the Carlsbad
Habitat Management Plan.
Permitted uses shall be consistent with the master plan.
Refer to Table F for specific uses.
"Housing for senior citizens" is not permitted in R-1 and R-2 zones.
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(6) Only permitted when the project site contains sensitive biological resources as
identified in the Carlsbad Habitat Management Plan.
SECTION 19: That the "minimum lot size or exclusive use area" row in Table D
of Section 21.45.070 of the Carlsbad Municipal Code is amended to read as follows:
Minimum Lot Size or
Exclusive Use Area
1. Single-family: 5,000 square feet; except that lots sizes less thar
5,000 square feet to a minimum lot size of 3,500 square fee
may be used when the site has a general plan designation ol
RMH and when unique circumstances such as one of the
following exists:
a. The project is for lower income or seniors housing;
b. The site is located west of Interstate 5;
c. The dwelling units are designed with alley-loaded garages
or
d. The site is either located contiguous to a Circulatior
Element roadway or within 1200 feet of a commute1
railltransit center, commercial center or employment center.
2. Two-family: 3,750 square feet when developed as a twin home
7,500 square feet when developed as a duplex.
SECTION 20: That the "second dwelling units" row in Table F of Sectior
21.45.090 of the Carlsbad Municipal Code is amended to read as follows:
SF Second
Dwelling
Units
Must comply
with all
development
standards of
Sections
21.10.030 and
21.45.070.
SECTION 21: That the findings of the Planning Commission as set forth ii
Planning Commission Resolution No. 5651 constitute the findings of the City Council.
SECTION 22: That any development application, excluding preliminay
applications, submitted to the City prior to the effective date of this ordinance shall not bf
subject to the amended provisions of this ordinance.
Ill
Ill
Ill
Ill
Ill
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2E
EFFECTIVE DATE: This ordinance shall become effective thirty (30) days after
its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be
published at least once in a publication of general circulation in the City of Carlsbad within
fifteen days after its adoption. (Not withstanding the preceding, this ordinance shall not become
effective within the Crty’s Coastal Zone until LCPA 03-12 is approved by the California Coastal
Commission.)
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
Council on the 21st day of ~e~tember 2004, and thereafter.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the day of
AYES:
NOES:
ABSENT:
AB STAl N :
2004, by the following vote, to wit:
APPROVED AS TO FORM AND LEGALITY
RONALD R. BALL, City Attorney
CLAUDE A. LEWIS, Mayor
ATTEST:
LORRAINE M. WOOD, City Clerk
(SEAL)
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RESOLUTION NO. 2004-301
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, ADOPTING A NEGATIVE
DECLARATION AND ADDENDUM FOR A GENERAL PLAN
AMENDMENT, ZONE CODE AMENDMENT AND LOCAL
COASTAL PROGRAM AMENDMENT; AND APPROVING SAID
GENERAL PLAN AMENDMENT AND LOCAL COASTAL
PROGRAM AMENDMENT.
CASE NAME: RESIDENTIAL GENERAL PLAN AND ZONING
CONSISTENCY AMENDMENTS
CASE NO.: GPA 03-1 3/ZCA 03-02/LCPA 03-1 2
The City Council of the City of Carlsbad, California, does hereby resolve as
follows:
WHEREAS, the Planning Commission did on June 16, 2004 and July 21, 2004,
hold duly noticed public hearings as prescribed by law to consider the Negative Declaration and
Addendum, General Plan Amendment (GPA 03-13), Zone Code Amendment (ZCA 03-02) and
Local Coastal Program Amendment (LCPA 03-12) to amend the residential policies and land
use designations in the Land Use Element of the General Plan and the residential regulations in
the Zoning Ordinance to achieve consistency between the General Plan and Zoning Ordinance;
and also to ensure consistency between City policies and State Law.
WHEREAS, the Planning Commission adopted Planning Commission
Resolutions No. 5650, 5651 and 5653 recommending to the City Council that the Negative
Declaration and Addendum be adopted, and GPA 03-1 3 and LCPA 03-1 2 be approved; and
WHEREAS, the City Council did on the as! day of September, 2004 hold a duly
noticed public hearing as prescribed by law to consider the Negative Declaration and
Addendum, General Plan Amendment and Local Coastal Program Amendment, and;
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, the City Council considered all
factors relating to the Negative Declaration and Addendum, General Plan Amendment and
Local Coastal Program Amendment;
NOW, THEREFORE, the City Council of the City of Carlsbad, California does
hereby resolve as follows:
1. That the above recitations are true and correct.
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2. That the findings of the Planning Commission in Planning Commission
Resolutions No. 5650, 5651 and 5653 constitute the findings of the City Council in this matter.
3. That the Negative Declaration and Addendum are adopted as shown in
Planning Commission Resolution No. 5650 on file with the City Clerk and incorporated herein
by reference.
4. That the findings of the Planning Commission in Planning Commission
Resolution No. 5651 constitute the findings of the City Council in this matter and are hereby
accepted, approved in concept, and GPA 03-13 shall be formally approved with GPA 02-05,
GPA 03-05, GPA 03-08, GPA 03-13, GPA 04-01, GPA 04-04, GPA 04-07, GPA 04-08, and
GPA 04-1 1.
5. That the amendment to the Local Coastal Program (LCPA 03-12), is
approved as shown in Planning Commission Resolution No. 5653, on file with the City Clerk
and incorporated herein by reference.
6. That the approval of LCPA 03-12 shall not become effective until it is
approved by the California Coastal Commission and the California Coastal Commission's
approval becomes effective.
7. That any development application, excluding preliminary applications,
submitted to the City prior to the approval of this Resolution shall not be subject to the amended
provisions of the General Plan (GPA 03-13).
...
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the 21st day of SePtember 2004, by the following vote, to wit:
AYES: Council Members Lewis, Finilla, Kulchin, Hall and Packard.
NOES: None
I
ABSENT: None
n ATTEST:
I (SEAL)
1 -2-
EXHIBIT 3
AUGUST 4,2004
TO: CITY CO U N C I L
FROM: Jennifer Coon, Associate Planner
ERRATA FOR RESIDENTIAL GENERAL PLAN AND ZONING CONSISTENCY
AMENDMENTS GPA 03-1 31ZCA 03-02ILCPA 03-12
A. Staff recommends that the proposed Ordinance be modified to add “wireless
telecommunication facilities” to the “Permitted Uses” table of each residential zone
chapter as a use permitted with a conditional use permit. This modification is minor in
nature, and was not an issue discussed during the Planning Commission hearings.
“Wireless telecommunication facilities” are currently permitted in all zones with a
conditional use permit, and should be listed in each zone chapter.
B. Staff recommends that the proposed Ordinance be amended to add the following
section:
SECTION 22: That any development application, excluding preliminary applications,
submitted to the City prior to the effective date of this ordinance shall not be subject to the
amended provisions of this ordinance.
C. Staff recommends that the proposed Resolution be amended to add the following to the
list of City Council recitals on page 2 of said Resolution:
7. That any development application, excluding preliminary applications, submitted
to the City prior to the approval, of this Resolution shall not be subject to the amended
provisions of the General Plan (GPA 03-13).
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PLANNING COMMISSION RESOLUTION NO. 5650
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
ADOPTION OF A NEGATIVE DECLARATION AND
ADDENDUM FOR A GENERAL PLAN AMENDMENT, ZONE
CODE AMENDMENT AND LOCAL COASTAL PROGRAM
AMENDMENT TO AMEND THE RESIDENTIAL POLICIES
AND LAND USE DESIGNATIONS IN THE GENERAL PLAN
AND THE RESIDENTIAL REGULATIONS IN THE ZONING
ORDINANCE TO ENSURE CONSISTENCY BETWEEN THE
GENERAL PLAN AND ZONING ORDINANCE; AND ALSO
TO ENSURE CONSISTENCY BETWEEN CITY POLICIES
AND STATE LAW.
CASENAME: RESIDENTIAL GENERAL PLAN AND
ZONING CONSISTENCY AMENDMENTS
CASE NO.: GPA 03-13/ZCA 03-02/LCPA 03-12
EXHIBIT 4
WHEREAS, the Planning Director has prepared an amendment to the General
Plan and Title 21 of the Municipal Code (Zoning Ordinance) relating to residential land use
policies and regulations; and
WHEREAS, a Negative Declaration and Addendum were prepared in
conjunction with said project; and
WHEREAS, the Planning Commission did on the 16th day of June 2004 and on
the 21st day of July 2004 hold a duly noticed public hearing as prescribed by law to consider
said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, examining the initial study, analyzing the information submitted by staff,
and considering any written comments received, the Planning Commission considered all factors
relating to the Negative Declaration and Addendum.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission as follows:
A)
B)
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Planning
Commission hereby RECOMMENDS ADOPTION of the Negative
59
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Declaration (Exhibit “ND”) and Addendum according to the NO1 dated April
16, 2004, and EIA Part I1 (Exhibit “PII”) dated April 2, 2004, attached hereto
and made a part hereof, based on the following findings:
Findings:
1. The Planning Commission has reviewed, analyzed and considered the Negative
Declaration and Addendum for the RESIDENTIAL GENERAL PLAN AND
ZONING CONSISTENCY AMENDMENTS (GPA 03-13, ZCA 03-02 and LCPA
03-12), the environmental impacts therein identified for the project and any comments
thereon prior to RECOMMENDING APPROVAL of the project.
2. The Negative Declaration and Addendum has been prepared in accordance with the
requirements of the California Environmental Quality Act, the State Guidelines and the
Environmental Protection Procedures of the City of Carlsbad.
3. It reflects the independent judgment of the Planning Commission of the City of Carlsbad.
4. Based on the EIA Part I1 and comments thereon, there is no substantial evidence the
project will have a significant effect on the environment.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 21st day of July 2004, by the
following vote, to wit:
AYES: Chairperson Whitton, Commissioners Baker, Dominguez,
Heineman, Montgomery and Segall
NOES: None
ABSENT: None
ABSTAIN: None
FUNK H. WHITTON, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST: .
Planning Director
PC RES0 NO. 5650 -2-
- City of Carlsbad
NEGATIVE DECLARATION
CASE NAME:
PROJECT LOCATION: NOT SITE SPECIFIC
RESIDENTIAL GENERAL PLAN & ZONING CONSISTENCY AMENDMENTS
CASE NO: GPA 03-13 I ZCA 03-02 I LCPA 03-12
PROJECT DESCRIPTION: The project consists of a General Plan Amendment, Zone Code Amendment and Local Coastal Program Amendment
to amend the residential policies and land use designations in the General Plan and the residential regulations in the Zoning Ordinance to ensure
consistency between the General Plan and Zoning Ordinance; and also to ensure consistency between City policies and State law. The project
applies to policies and regulations that are applicable to properties citywide. The proposed amendments include the following:
A. General Plan Amendment:
1.
2.
3.
4.
Zoning Ordinance/Local Coastal Program Amendment:
1.
2.
3.
4.
5.
6.
Clarify the intent and purpose of each residential land use designation;
Specify that residential density shall not be permitted below the low end of the density range; except that a provision will be added to allow
a one-family dwelling on any existing residential lot, regardless of density;
Incorporate the provisions of Government Code Section 65863, which restricts the City’s ability to reduce residential densities below the
density utilized to determine compliance with housing element law; and
Add finding #3 from Municipal Code Section 21.90.045 to the General Plan Land Use element section that lists the findings required to
exceed the Growth Management Control Point density.
Reformat residential zone chapters to list all permitted and conditionally permitted uses;
Clarify which land use designation each zone is intended to implement;
Specify that one-family dwellings will not be permitted in zones that implement the medium-high and high density land use designations;
except that a provision will be added to allow a one-family dwelling on an existing residential lot.
Modify residential standards to ensure consistency with General Plan policies (ex. amend the minimum lot area in certain zones to ensure
the zone can implement the General Plan density requirements).
Amend the Planned Development (PD) regulations to allow a PD in the R-1 Zone when a site contains sensitive habitat; and amend the PD
regulations to no longer allow “small-lot single-family’’ development in the Rh4H or RH land use designations.
Other miscellaneous text amendments for consistency purposes.
B.
DETERMINATION: The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for
Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said
review, the initial study (EIA Part 2) did not identify any potentially significant impacts on the environment, and the City of Carlsbad finds as
follows:
Ix] The proposed project COULD NOT have a significant effect on the environment.
0 The proposed project MAY have “potentially significant impact(s)” on the environment, but at least one potentially significant impact 1) has
been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based
on the earlier analysis as described on attached sheets. (Negative Declaration applies only the effects that remained to be addressed).
17 Although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE
DECLARATION pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier ENVIRONMENTAL
IMPACT REPORT or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project.
Therefore, nothing further is required.
I
A copy of the initial study (EIA Part 2) documenting reasons to support the Negative Declaration is on file in the Planning Department, 1635
Faraday Avenue, Carlsbad, California 92008.
ADOPTED:
ATTEST:
MICHAEL J. HOLZMILLER
Planning Director
1635 Faraday Avenue Carlsbad, CA 92008-7314 (760) 602-4600 FAX (760) 602-8559 www.ci.carlsbad.ca.us
ADDENDUM TO THE
NEGATIVE DECLARATION
FOR
RESIDENTIAL GENERAL PLAN & ZONING CONSISTENCY AMENDMENTS
GPA 03-13 / ZCA 03-02 1 LCPA 03-12
This Addendum to the project Negative Declaration is to modify the project description. The
modification to the project description is insignificant and does not create any new significant
environmental effect that was not previously identified.
The modified project description is as follows:
The project consists of a General Plan Amendment, Zone Code Amendment and Local Coastal Program
Amendment to amend the residential policies and land use designations in the General Plan and the residential regulations in the Zoning Ordinance to ensure consistency between the General Plan and
‘Zoning Ordinance; and also to ensure consistency between City policies and State law. The project
applies to policies and regulations that are applicable to properties citywide. The proposed amendments include the following:
A. General Plan Amendment:
1. Clarify the intent and purpose of each residential land use designation;
2. Specify that residential density shall not be permitted below the low end of the density range; except that a provision will be added to allow a one-family dwelling on any existing residential
lot, regardless of density;
3. Incorporate the provisions of Government Code Section 65863, which restricts the City’s ability
to reduce residential densities below the density utilized to determine compliance with housing
element law; and
4. Add finding #3 from Municipal Code Section 21.90.045 to the General Plan Land Use element
section that lists the findings required to exceed the Growth Management Control Point density.
B. Zoning Ordinance/Local Coastal Program Amendment:
1.
2.
3.
4.
5.
6.
Reformat residential zone chapters to list all permitted and conditionally permitted uses; Clarify which land use designation each zone is intended to implement;
Specify that one-family dwellings [on individual lots) will not be permitted in zones that
implement the medium-high and high density land use designations; except that a provision will be added to allow a one-family dwelling on an existing residential lot, and one-family dwellings
on small-lots will be permitted with a planned development permit in the RMH designation.
Modify residential standards to ensure consistency with General Plan policies (ex. amend the minimum lot area in certain zones to ensure the zone can implement the General Plan density
requirements).
Amend the Planned Development (PD) regulations to allow a PD in the R-1 Zone when a site contains sensitive habitat; and amend the PD regulations to no longer allow “small-lot single-
family” development in the RA4H-w RH land use designations.
Other miscellaneous text amendments for consistency purposes.
DATE: April 28,2004
MICHAEL J.MLZM~LLER
Planning Director
la
- City of Carlsbad
NOTICE OF INTENT TO ADOPT A
NEGATIVE DECLARATION
CASE NAME:
PROJECT LOCATION: NOT SITE SPECIFIC
PROJECT DESCRIPTION: The project consists of a General Plan Amendment, Zone Code Amendment and
Local Coastal Program Amendment to amend the residential policies and land use designations in the General Plan
and the residential regulations in the Zoning Ordinance to ensure consistency between the General Plan and Zoning
Ordinance; and also to ensure consistency between City policies and State law. The project applies to policies and
regulations that are applicable to properties citywide. The proposed amendments include the following:
RESIDENTIAL GENERAL PLAN & ZONING CONSISTENCY AMENDMENTS
CASE NO: GPA 03-13 I ZCA 03-02 I LCPA 03-12
A. General Plan Amendment:
1.
2.
Clarify the intent and purpose of each residential land use designation;
Specify that residential density shall not be permitted below the low end of the density range; except
that a provision will be added to allow a one-family dwelling on any existing residential lot, regardless
of density;
Incorporate the provisions of Government Code Section 65863, whch restricts the City’s ability to
reduce residential densities below the density utilized to determine compliance with housing element
law; and
Add finding #3 from Municipal Code Section 21.90.045 to the General Plan Land Use element section
that lists the findings required to exceed the Growth Management Control Point density.
3.
4.
B. Zoning Ordinance/Local Coastal Program Amendment:
1.
2.
3.
4.
5.
6.
Reformat residential zone chapters to list all permitted and conditionally permitted uses;
Clarify which land use designation each zone is intended to implement;
Specify that one-family dwellings will not be permitted in zones that implement the medium-high and
high density land use designations; except that a provision will be added to allow a one-family dwelling
on an existing residential lot.
Modify residential standards to ensure consistency with General Plan policies (ex. amend the minimum
lot area in certain zones to ensure the zone can implement the General Plan density requirements).
Amend the Planned Development (PD) regulations to allow a PD in the R-1 Zone when a site contains
sensitive habitat; and amend the PD regulations to no longer allow “small-lot single-family”
development in the RMH or RH land use designations.
Other miscellaneous text amendments for consistency purposes.
PROPOSED DETERMINATION: The City of Carlsbad has conducted an environmental review of the above
described project pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the
Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, the initial study (EIA Part 2)
did not identify any potentially significant impacts on the environment. Therefore, a Negative Declaration will be
recommended for adoption by the City of Carlsbad Planning Commission and City Council.
A copy of the initial study (EIA Part 2) documenting reasons to support the proposed Negative Declaration are on
file in the Planning Department, 1635 Faraday Avenue, Carlsbad, California 92008. Comments from the public are
invited. Please submit comments in writing to the Planning Department within 30 days of the date of this notice.
The proposed project and Negative Declaration are subject to review and approvaUadoption by the City of Carlsbad
Planning Commission and City Council. Additional public notices will be issued when those public hearings are
scheduled. If you have any questions, please call Jennifer Coon in the Planning Department at (760) 602-4637.
DATED: APRIL 16,2004
PUBLIC REVIEW PERIOD
PUBLISH DATE APRIL 16,2004
APRIL 16,2004 TO MAY 16,2004
1635 Faraday Avenue Carlsbad, CA 92008-7314 (760) 602-4600 FAX (760) 602-8559 www.ci.carlsbad.ca.us
ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART I1
CASE NO: GPA 03-13/ZCA 03-02/LCPA 03-12
DATE: April 2,2004
BACKGROUND
1.
2.
3.
4.
5.
6.
7.
8.
9.
CASE NAME: RESIDENTIAL GENERAL PLAN & ZONING CONSISTENCY AMENDMENTS
LEAD AGENCY NAME AND ADDRESS: Citv of Carlsbad - 1635 Faraday Avenue, Carlsbad, CA 92008
CONTACT PERSON AND PHONE NUMBER: Jennifer Coon. Associate Planner - (760) 602-4637
PROJECT LOCATION: Not site specific
PROJECT SPONSOR’S NAME AND ADDRESS: Same as Lead APency, above.
GENERAL PLAN DESIGNATION: N/A - not site specific
ZONING: N/A - not site specific
OTHER PUBLIC AGENCIES WHOSE APPROVAL IS REQUIRED (i.e., permits, financing approval or
participation agreements): California Coastal Commission (Local Coastal Program Amendment)
PROJECT DESCRIPTION/ ENVIRONMENTAL SETTING AND SURROUNDING LAND USES: The
proposed General Plan Amendment, Zone Code Amendment and Local Coastal Program Amendment
consist of amendments to the residential policies and land use designations in the General Plan and the
residential regulations in the Zoning Ordinance to ensure consistency between the General Plan and Zoning
Ordinance; and also to ensure consistency between City policies and State law. The project applies to
policies and regulations that are applicable to properties citywide. There is no specific project site with a
specific environmental setting or surrounding land uses. The proposed amendments include the following:
A. General Plan Amendment:
1.
2.
Clarify the intent and purpose of each residential land use designation;
Specify that residential density shall not be permitted below the low end of the density range;
except that a provision will be added to allow a one-family dwelling on any existing residential lot,
regardless of density;
Incorporate the provisions of Government Code Section 65863, which restricts the City’s ability to
reduce residential densities below the density utilized to determine compliance with housing element law;
and
Add finding #3 from Municipal Code Section 21.90.045 to the General Plan Land Use element
section that lists the findings required to exceed the Growth Management Control Point density.
B.
3.
4.
Zoning Ordinance/Local Coastal Program Amendment:
1.
2.
3.
Reformat residential zone chapters to list all permitted and conditionally permitted uses;
Clarify which land use designation each zone is intended to implement;
Specify that one-family dwellings will not be permitted in zones that implement the medium-high
and high density land use designations; except that a provision will be added to allow a one-family
dwelling on an existing residential lot.
Modify residential standards to ensure consistency with General Plan policies (ex. amend the
minimum lot area in certain zones to ensure the zone can implement the General Plan density
requirements).
5.’ Amend the Planned Development (PD) regulations to allow a PD in the R-1 Zone when a site
contains sensitive habitat; and amend the PD regulations to no longer allow “small-lot single-family”
development in the RMH or RH land use designations.
4.
6. Other miscellaneous text amendments for consistency purposes.
64
ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
The summary of environmental factors checked below would be potentially affected by this project, involving at least one impact that is a “Potentially Significant Impact,” or “Potentially Significant Impact Unless Mitigation Incorporated” as indicated by the checklist on the following pages.
c] Aesthetics 0 Geology/Soils 0 Noise
0 Agricultural Resources 0 HazardsRIazardous Materials 0 and Housing
Air Quality 0 Hydrology/Water Quality 0 Public Services
Biological Resources 0 Land Use and Planning 0 Recreation
0 Cultural Resources 0 Mineral Resources TransportatiodCirculation
0 Utilities & Service Systems u Mandatory Findings of
Significance
DETERMINATION.
(To be completed by the Lead Agency)
I find that the proposed project COULD NOT have a significant effect on the environment, and a
NEGATIVE DECLARATION will be prepared.
I find that although the proposed project could have a significant effect on the environment, there will not
be a significant effect in this case because the mitigation measures described on an attached sheet have
been added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared.
I find that the proposed project MAY have a significant effect on the environment, and an
ENVIRONMENTAL IMPACT REPORT is required.
I find that the proposed project MAY have “potentially significant impact(s)” on the environment, but at
least one potentially significant impact 1) has been adequately analyzed in an earlier document pursuant to
applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis
as described on attached sheets. A Negative Declaration is required, but it must analyze only the effects
that remain to be addressed.
I find that although the proposed project could have a significant effect on the environment, there WILL
NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed
adequately in an earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION
pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier
ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION, including revisions or
mitigation measures that are imposed upon the proposed project. Therefore, nothing further is required.
Date
3 Rev. Q7lQ3lO2 bd
STATE CEQA GUIDELINES, Chapter 3, Article 5, Section 15063 requires that the City conduct an Environmental
Impact Assessment to determine if a project may have a significant effect on the environment. The Environmental
Impact Assessment appears in the following pages in the form of a checklist. This checklist identifies any physical,
biological and human factors that might be impacted by the proposed project and provides the City with information
to use as the basis for deciding whether to prepare an Environmental Impact Report (EIR), Negative Declaration, or
to rely on a previously approved EIR or Negative Declaration.
A brief explanation is required for all answers except “No Impact” answers that are adequately supported
by an information source cited in the parentheses following each question. A “No Impact” answer is
adequately supported if the referenced information sources show that the impact simply does not apply to
projects like the one involved. A “No Impact” answer should be explained when there is no source
document to refer to, or it is based on project-specific factors as well as general standards.
“Less Than Significant Impact” applies where there is supporting evidence that the potential impact is not
significantly adverse, and the impact does not exceed adopted general standards and policies.
“Potentially Significant Unless Mitigation Incorporated” applies where the incorporation of mitigation
measures has reduced an effect from “Potentially Significant Impact” to a “Less Than Significant Impact.”
The developer must agree to the mitigation, and the City must describe the mitigation measures, and briefly
explain how they reduce the effect to a less than significant level.
“Potentially Significant Impact” is appropriate if there is substantial evidence that an effect is significantly
adverse.
Based on an “ELA-Part II”, if a proposed project could have a potentially significant adverse effect on the
environment, but potentially significant adverse effects (a) have been analyzed adequately in an earlier
EIR or Mitigated Negative Declaration pursuant to applicable standards and (b) have been avoided or
mitigated pursuant to that earlier EIR or Mitigated Negative Declaration, including revisions or mitigation
measures that are imposed upon the proposed project, and none of the circumstances requiring a
supplement to or supplemental EIR are present and all the mitigation measures required by the prior
environmental document have been incorporated into this project, then no additional environmental
document is required.
When “Potentially Significant Impact” is checked the project is not necessarily required to prepare an EIR
if the significant adverse effect has been analyzed adequately in an earlier EIR pursuant to applicable
standards and the effect will be mitigated, or a “Statement of Overriding Considerations” has been made
pursuant to that earlier EIR.
A Negative Declaration may be prepared if the City perceives no substantial evidence that the project or
any of its aspects may cause a significant adverse effect on the environment.
If there are one or more potentially significant adverse effects, the City may avoid preparing an EIR if there
are mitigation measures to clearly reduce adverse impacts to less than significant, and those mitigation
measures are agreed to by the developer prior to public review. In this case, the appropriate “Potentially
Significant Impact Unless Mitigation Incorporated” may be checked and a Mitigated Negative Declaration
may be prepared.
4 Rev. 07/03/02
0 An EIR must be prepared if “Potentially Significant Impact” is checked, and including but not limited to
the following circumstances: (1) the potentially significant adverse effect has not been discussed or
mitigated in an earlier EIR pursuant to applicable standards, and the developer does not agree to mitigation
measures that reduce the adverse impact to less than significant; (2) a “Statement of Overriding
Considerations” for the significant adverse impact has not been made pursuant to an earlier EIR; (3)
proposed mitigation measures do not reduce the adverse impact to less than significant; or (4) through the
EIA-Part I1 analysis it is not possible to determine the level of significance for a potentially adverse effect,
or determine the effectiveness of a mitigation measure in reducing a potentially significant effect to below a
level of significance.
~
A discussion of potential impacts and the proposed mitigation measures appears at the end of the form under
DISCUSSION OF ENVIRONMENTAL EVALUATION. Particular attention should be given to discussing
mitigation for impacts, which would otherwise be determined significant.
5 Rev. 07103102
Potentially Significant
Potentially Unless Less Than
Significant Mitigation Significant
Impact Incorporated Impact
Issues (and Supporting Information Sources).
I. AESTHETICS -Would the project:
No
Impact
IXI
txl
[XI
IXI
IXI
[XI
[XI
Have a substantial adverse effect on a scenic vista? 0 0 0
(See Discussion of Environmental Evaluation)
0 0 0 Substantially damage scenic resources, including but
not limited to, trees, rock outcroppings, and historic
buildings within a State scenic highway?
(See Discussion of Environmental Evaluation)
0 0 0 Substantially degrade the existing visual character or
quality of the site and its surroundings?
(See Discussion of Environmental Evaluation)
Create a new source of substantial light and glare,
which would adversely affect day or nighttime views
in the area?
(See Discussion of Environmental Evaluation)
11. AGRICULTRAL RESOURCES - (In determining
whether impacts to agricultural resources are significant
environmental effects, lead agencies may refer to the
California Agricultural Land Evaluation and Site
Assessment Model- 1997 prepared by the California
Department of Conservation as an optional model to use
in assessing impacts on agriculture and farmland.) Would
the project:
0 0 0 Convert Prime Farmland, Unique Farmland, or
Farmland of Statewide Importance (Farmland), as
shown on the maps prepared pursuant to the
Farmland Mapping and Monitoring Program of the
California Resources Agency, to non-agricultural
use?
(See Discussion of Environmental Evaluation)
0 0 0 Conflict with existing zoning for agricultural use, or
a Williamson Act contract?
(See Discussion of Environmental Evaluation)
0 0 0 Involve other changes in the existing environment,
which, due to their location or nature, could result in
conversion of Farmland to non-agricultural use?
(See Discussion of Environmental Evaluation)
Rev. 07103/02 6
Issues (and Supporting Information Sources).
111. AIR QUALITY - (Where available, the significance
criteria established by the applicable air quality
management or air pollution control district may be relied
upon to make the following determinations.) Would the
project:
Conflict with or obstruct implementation of the
applicable air quality plan?
(See Discussion of Environmental Evaluation)
Violate any air quality standard or contribute
substantially to an existing or projected air quality
violation?
(See Discussion of Environmental Evaluation)
Result in a cumulatively considerable net increase of
any criteria pollutant for which the project region is
in non-attainment under an applicable federal or state
ambient air quality standard (including releasing
emissions which exceed quantitative thresholds for
ozone precursors)?
(See Discussion of Environmental Evaluation)
Expose sensitive receptors to substantial pollutant
concentrations?
(See Discussion of Environmental Evaluation)
Create objectionable odors affecting a substantial
number of people?
(See Discussion of Environmental Evaluation)
BIOLOGICAL RESOURCES - Would the project:
Have a substantial adverse effect, either directly or
through habitat modifications, on any species
identified as a candidate, sensitive, or special status
species in local or regional plans, policies, or
regulations, or by California Department of Fish and
Game or US. Fish and Wildlife Service?
(See Discussion of Environmental Evaluation)
Have a substantial adverse effect on any riparian,
aquatic or wetland habitat or other sensitive natural
community identified in local or regional plans,
policies, or regulations or by California Department
of Fish and Game or U.S. Fish and Wildlife Service?
(See Discussion of Environmental Evaluation)
Potentially
Significant Impact
0
0
0
0
0
0
0
Potentially Significant
Unless
Mitigation
Incorporated
0
0
0
0
0
0
0
Less Than
Significant
Impact
0
0
0
0
0
0
0
No
[mpact
El
[XI
[XI
IXI
El
[XI
IXI
7 70 Rev. 07103102
Issues (and Supporting Information Sources).
Have a substantial adverse effect on federally
protected wetlands as defined by Section 404 of the
Clean Water Act (including but not limited to marsh,
vernal pool, coastal, etc.) through direct removal,
filing, hydrological interruption, or other means?
(See Discussion of Environmental Evaluation)
Interfere substantially with the movement of any
native resident or migratory fish or wildlife species
or with established native resident or migratory
wildlife corridors, or impede the use of native
wildlife nursery sites?
(See Discussion of Environmental Evaluation)
Conflict with any local policies or ordmances
protecting biological resources, such as a tree
preservation policy or ordinance?
(See Discussion of Environmental Evaluation)
Conflict with the provisions of an adopted Habitat
Conservation Plan, Natural Community Conservation
Plan, or other approved local, regional, or state
habitat conservation plan?
(See Discussion of Environmental Evaluation)
Impact tributary areas that are environmentally
sensitive?
(See Discussion of Environmental Evaluation)
IV. CULTURAL RESOURCES - Would the project:
Cause a substantial adverse change in the
significance of a historical resource as defined in
Q 15064.5?
(See Discussion of Environmental Evaluation)
Cause a substantial adverse change in the signifi-
cance of an archeological resource pursuant to
Q 15064.5?
(See Discussion of Environmental Evaluation)
Directly or indirectly destroy a unique paleontologi-
cal resource or site or unique geologic feature?
(See Discussion of Environmental Evaluation)
Potentially
Significant
Impact 0
0
0
0
0
0
0
Potentially Significant
Unless
Mitigation Incorporated 17
0
0
0
0
0
0
0
Less Than
Significant
Impact 0
0
0
0
0
0
0
0
No Impact
[XI
[XI
[XI
El
[XI
1sI
El
[XI
8 71 Rev. 07103102
Issues (and Supporting Information Sources). Potentially Significant
Potentially Unless Less Than Significant Mitigation Significant No
Impact Incorporated ImEt Impgt 0 0 d) Disturb any human remains, including those interred
outside of formal cemeteries?
(See Discussion of Environmental Evaluation)
V. GEOLOGY AND SOILS - Would the project:
a) Expose people or structures to potential substantial
adverse effects, including the risk of loss, injury or
death involving:
i. Rupture of a known earthquake fault, as
delineated on the most recent Alquist-Priolo
Earthquake Fault Zoning Map issued by the
State Geologist for the area or based on other
substantial evidence of a known fault? Refer to
Division of Mines and Geology Special
Publication 42.
0 0 ow
0
0 ow ii. Strong seismic ground shaking?
iii. Seismic-related ground failure, including
liquefaction? ow 0 iv. Landslides?
(See Discussion of Environmental Evaluation)
0 0 b) Result in substantial soil erosion or the loss of
topsoil?
(See Discussion of Environmental Evaluation)
c) Be located on a geologic unit or soil that is unstable,
or that would become unstable as a result of the
project, and potentially result in on- or off-site
landslide, lateral spreading, subsidence, liquefaction,
or collapse?
0 0 ow
(See Discussion of Environmental Evaluation)
0 0 ow d) Be located on expansive soils, as defined in Table 18 - 1 -B of the Uniform Building Code (1 994), creating
substantial risks to life or property?
(See Discussion of Environmental Evaluation) 0 0 ow e) Have soils incapable of adequately supporting the
use of septic tanks or alternative wastewater disposal
systems where sewers are not available for the
disposal of wastewater?
(See Discussion of Environmental Evaluation)
9 Rev. 07/03/02
Issues (and Supporting Information Sources).
VI. HAZARDS AND HAZARDOUS MATERIALS - Would
the project:
Create a significant hazard to the public or the
environment through the routine transport, use, or
disposal of hazardous materials?
(See Discussion of Environmental Evaluation)
Create a significant hazard to the public or
environment through reasonably foreseeable upset
and accident conditions involving the release of
hazardous materials into the environment?
(See Discussion of Environmental Evaluation)
Emit hazardous emissions or handle hazardous or
acutely hazardous materials, substances, or waste
within one-quarter mile of an existing or proposed
school?
(See Discussion of Environmental Evaluation)
Be located on a site which is included on a list of
hazardous materials sites compiled pursuant to
Government Code Section 65962.5 and, as a result,
would it create a significant hazard to the public or
environment?
(See Discussion of Environmental Evaluation)
For a project within an airport land use plan, or
where such a plan has not been adopted, within two
miles of a public airport or public use airport, would
the project result in a safety hazard for people
residing or working in the project area?
(See Discussion of Environmental Evaluation)
For a project withm the vicinity of a private airstrip,
would the project result in a safety hazard for people
residing or working in the project area?
(See Discussion of Environmental Evaluation)
Impair implementation of or physically interfere with
an adopted emergency response plan or emergency
evacuation plan?
(See Discussion of Environmental Evaluation)
Potentially
Significant Impact
0
0
0
0
0
o
El
Potentially
Significant
Unless
Mitigation
Incorporated
0
0
0
0
0
Less Than
Significant
Impact
0
0
0
0
0
0
No Impact
[XI
[XI
[XI
IXI
[XI
[XI
txi
10 Rev. 07/03/02 73
Issues (and Supporting Information Sources). Potentially
Significant Potentially Unless Less Than
Significant Mitigation Significant No Impact Incorporated Igt Imgt 0 0 h) Expose people or structures to a significant risk of
loss, injury or death involving wildland fires,
including where wildlands are adjacent to urbanized
areas or where residences are intermixed with
wildlands?
(See Discussion of Environmental Evaluation)
VIII. HYDROLOGY AND WATER QUALITY - Would the
project:
0 0 ow Violate any water quality standards or waste
discharge requirements?
(See Discussion of Environmental Evaluation)
Substantially deplete groundwater supplies or
interfere substantially with ground water recharge
such that there would be a net deficit in aquifer
volume or a lowering of the local ground water table
level (i.e., the production rate of pre-existing nearby
wells would drop to a level which would not support
existing land uses or planned uses for which permits
have been granted)?
0 0
(See Discussion of Environmental Evaluation)
0 ow Impacts to groundwater quality?
(See Discussion of Environmental Evaluation)
0 0 ow Substantially alter the existing drainage pattern of the
site or area, including through the alteration of the
course of a stream or river, in a manner, which would
result in substantial erosion or siltation on- or off-
site?
(See Discussion of Environmental Evaluation)
Substantially alter the existing drainage pattern of the
site or area, including through the alteration of the
course of a stream or river, or substantially increase
the flow rate or amount (volume) of surface runoff in
a manner, which would result in flooding on- or off-
site?
0 0 ow
(See Discussion of Environmental Evaluation)
0 0 ow Create or contribute runoff water, which would
exceed the capacity of existing or planned
stormwater drainage systems or provide substantial
additional sources of polluted runoff!
(See Discussion of Environmental Evaluation)
11 Rev. 07103102 74
Issues (and Supporting! Information Sources). Potentially
Otherwise substantially degrade water quality?
(See Discussion of Environmental Evaluation)
Place housing within a 100-year flood hazard area as
mapped on a Federal Flood Hazard Boundary or
Flood Insurance Rate Map or other flood delineation
map?
(See Discussion of Environmental Evaluation)
Place withm 100-year flood hazard area structures,
which would impede or redirect flood flows?
(See Discussion of Environmental Evaluation)
Expose people or structures to a significant risk of
loss injury or death involving flooding, including
flooding as a result of the failure of a levee or dam?
(See Discussion of Environmental Evaluation)
Inundation by seiche, tsunami, or mudflow?
(See Discussion of Environmental Evaluation)
Increased erosion (sediment) into receiving surface
waters.
(See Discussion of Environmental Evaluation)
Increased pollutant discharges (e.g., heavy metals,
pathogens, petroleum derivatives, synthetic organics,
nutrients, oxygen-demanding substances and trash)
into receiving surface waters or other alteration of
receiving surface water quality (e.g., temperature,
dissolved oxygen or turbidity)?
(See Discussion of Environmental Evaluation)
Changes to receiving water quality (marine, fresh or
wetland waters) during or following construction?
(See Discussion of Environmental Evaluation)
Increase in any pollutant to an already impaired
water body as listed on the Clean Water Act Section
303(d) list?
Potentially Significant
Impact 0
0
0
0
0
0
0
17
Significant
Unless
Mitigation Incorporated 0
0
0
0
0
0
0
0
Less Than
Significant Impact cl
0
17
0
0
0
El
0
No
Impact IXI
(See Discussion of Environmental Evaluation)
12 Rev. 07103lO2 75-
Issues (and Supporting Information Sources). Potentially
Significant Unless
Mitigation Incorporated 0
Potentially
Significant
Impact 0
Less Than Significant
Impact 0
No Impact
[XI p) The exceedance of applicable surface or groundwater
receiving water quality objectives or degradation of
beneficial uses?
(See Discussion of Environmental Evaluation)
IX. LANDUSE AND PLANNING - Would the project:
a) Physically divide an established community? 0
0
0
0
0
(See Discussion of Environmental Evaluation) o b) Conflict with any applicable land use plan, policy, or
regulation of an agency with jurisdiction over the
project (including but not limited to the general plan,
specific plan, local coastal program, or zoning
ordinance) adopted for the purpose of avoiding or
mitigating an environmental effect?
(See Discussion of Environmental Evaluation)
0 0 IXI c) Conflict with any applicable habitat conservation
plan or natural community conservation plan?
(See Discussion of Environmental Evaluation)
X. MINERAL RESOURCES - Would the project:
0 0 0 IXI a) Result in the loss of availability of a known mineral
resource that would be of future value to the region
and the residents of the State?
(See Discussion of Environmental Evaluation)
0 0 0 IXI b) Result in the loss of availability of a locally
important mineral resource recovery site delineated
on a local general plan, specific plan, or other land
use plan?
(See Discussion of Environmental Evaluation)
XI. NOISE - Would the project result in:
0 0 IXI a) Exposure of persons to or generation of noise levels
in excess of standards established in the local general
plan or noise ordinance or applicable standards of
other agencies?
0
(See Discussion of Environmental Evaluation)
0 0 IXI b) Exposure of persons to or generation of excessive groundbourne vibration or groundbourne noise
levels?
(See Discussion of Environmental Evaluation)
13 Rev. Oll03lQ2
Issues (and Supporting Information Sources).
XII.
A Substantial permanent increase in ambient noise
levels in the project vicinity above levels existing
without the project?
(See Discussion of Environmental Evaluation)
A Substantial temporary or periodic increase in
ambient noise levels in the project vicinity above
levels existing without the project?
(See Discussion of Environmental Evaluation)
For a project located within an airport land use plan
or, where such a plan has not been adopted, within 2
miles of a public airport or public use airport, would
the project expose people residing or working in the
project area to excessive noise levels?
(See Discussion of Environmental Evaluation)
For a project within the vicinity of a private airstrip,
would the project expose people residing or working
in the project area to excessive noise levels?
(See Discussion of Environmental Evaluation)
POPULATION AND HOUSING - Would the project:
a) Induce Substantial growth in an area either directly
(for example, by proposing new homes and
businesses) or indirectly (for example, through
extension of roads or other infrastructure)?
(See Discussion of Environmental Evaluation)
b) Displace Substantial numbers of existing housing,
necessitating the construction of replacement housing
elsewhere?
(See Discussion of Environmental Evaluation)
c) Displace Substantial numbers of people, necessitating
the construction of replacement housing elsewhere?
(See Discussion of Environmental Evaluation)
Potentially Significant
Impact 0
0
0
0
0
0
0
Potentially
Significant
Unless Mitigation
Incorporated 0
0
0
0
0
0
Less Than Significant Impact 0
0
0
0
0
0
0
No
Impact El
El
IXI
!XI
[XI
[XI
14
-
77 Rev. 07/03/02
Issues (and Supporting Information Sources).
XIII. PUBLIC SERVICES
Would the project result in substantial adverse
physical impacts associated with the provision of
new or physically altered government facilities, a
need for new or physically altered government
facilities, the construction of which could cause
significant environmental impacts, in order to
maintain acceptable service ratios, response times, or
other performance objectives for any of the public
services:
i) Fire protection?
ii) Police protection?
Potentially
Significant
Potentially Unless Less Than
Significant Mitigation Significant No
Impact Incorporated Impact Impact
0
0
0 iii) Schools?
iv) Parks? 0
0 v) Other public facilities?
(See Discussion of Environmental Evaluation)
0 ow
0 ow ow
0 ow
0 ow
XIV. RECREATION
0 ow a) Would the project increase the use of existing
neighborhood and regional parks or other
recreational facilities such that substantial physical
deterioration of the facility would occur or be
accelerated?
(See Discussion of Environmental Evaluation)
b) Does the project include recreational facilities or
require the construction or expansion of recreational
facilities, which might have an adverse physical
effect on the environment?
0 0 OB
(See Discussion of Environmental Evaluation)
XV. TRANSPORTATION/TRAFFIC - Would the project:
a) 0 ow Cause an increase in traffic, which is substantial in
relation to the existing traffic load and capacity of the
street system (i.e., result in a substantial increase in
either the number of vehicle trips, the volume to
capacity ratio on roads, or congestion at
intersections)?
(See Discussion of Environmental Evaluation)
15 Rev. 07lQ3tO2 78
Issues (and Supporting Information Sources).
Exceed, either individually or cumulatively, a level
of service standard established by the county
congestion management agency for designated roads
or highways?
(See Discussion of Environmental Evaluation)
Result in a change in air traffic patterns, including
either an increase in traffic levels or a change in
location that results in substantial safety risks?
(See Discussion of Environmental Evaluation)
Substantially increase hazards due to a design feature
(e.g., sharp curves or dangerous intersections) or
incompatible uses (e.g., farm equipment)?
(See Discussion of Environmental Evaluation)
Result in inadequate emergency access?
(See Discussion of Environmental Evaluation)
Result in insufficient parking capacity?
(See Discussion of Environmental Evaluation)
Conflict with adopted policies, plans, or programs
supporting alternative transportation (e.g., bus turn-
outs, bicycle racks)?
(See Discussion of Environmental Evaluation)
XVI. UTILITIES AND SERVICES SYSTEMS - Would the
project:
Exceed wastewater treatment requirements of the
applicable Regional Water Quality Control Board?
(See Discussion of Environmental Evaluation)
Require or result in the construction of new water or
wastewater treatment facilities or expansion of
existing facilities, the construction of which would
cause significant environmental effects?
(See Discussion of Environmental Evaluation)
Require or result in the construction of new storm
water drainage facilities or expansion of existing
facilities, the construction of which could cause
significant environmental effects?
Potentially
Significant Impact 0
0
0
0
0
0
0
0
Potentially Significant
Unless
Mitigation
incorporated 0
I7
0
17
0
0
0
0
Less Than
Significant
Impact
0
0
U
0
0
0
0
(See Discussion of Environmental Evaluation)
16 Rev. 07/03/02 79
Issues (and Supporting Information Sources).
d) Have sufficient water supplies available to serve the
project from existing entitlements and resources, or
are new or expanded entitlements needed?
(See Discussion of Environmental Evaluation)
e) Result in a determination by the wastewater
treatment provider, which serves or may serve the
project that it has adequate capacity to serve the
project’s projected demand in addition to the
provider’s existing commitments?
(See Discussion of Environmental Evaluation)
f) Be served by a landfill with sufficient permitted
capacity to accommodate the project’s solid waste
disposal needs?
(See Discussion of Environmental Evaluation)
g) Comply with federal, state, and local statutes and regulations related to solid waste?
(See Discussion of Environmental Evaluation)
XVII. MANDATORY FINDINGS OF SIGNIFICANCE
Does the project have the potential to degrade the
quality of the environment, substantially reduce the
habitat of a fish or wildlife species, cause a fish or
wildlife population to drop below self-sustaining
levels, threaten to eliminate a plant or animal
community, reduce the number or restrict the range
of a rare or endangered plant or animal or eliminate
important examples of the major periods of
California history or prehistory?
(See Discussion of Environmental Evaluation)
Does the project have impacts that are individually
limited, but cumulatively considerable? (“Cumula-
tively considerable” means that the incremental
effects of a project are considerable when viewed in
connection with the effects of past projects, the
effects of other current projects, and the effects of
probable future projects?)
(See Discussion of Environmental Evaluation)
Does the project have environmental effects, which
will cause the substantial adverse effects on human
beings, either directly or indirectly?
Potentially
Significant
Impact El
0
0
0
0
0
0
Potentially
Significant
Unless
Mitigation
Incorporated 0
0
0
0
0
0
0
Less Than
Significant Impact 0
0
0
0
0
0
No Impact IXI
[XI
IXI
El
[XI
IXI
El
(See Discussion of Environmental Evaluation)
17 Rev. 07/03/02
XVIII. EARLIER ANALYSES
Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or
more effects have been adequately analyzed in an earlier EIR or negative declaration. Section
15063(c)(3)(D). In this case a discussion should identify the following on attached sheets:
a> Earlier analyses used. Identify earlier analyses and state where they are available for review.
b) Impacts adequately addressed. Identify which effects from the above checklist were within the
scope of and adequately analyzed in an earlier document pursuant to applicable legal standards,
and state whether such effects were addressed by mitigation measures based on the earlier
analysis.
c> Mitigation measures. For effects that are “Less Than Significant with Mitigation Incorporated,”
describe the mitigation measures, which were incorporated or refined from the earlier document
and the extent to which they address site-specific conditions for the project.
18 Rev. 07/03/02
DISCUSSION OF ENVIRONMENTAL EVALUATION
AESTHETICS - Would the project:
a) Have a substantial adverse effect on a scenic vista?
b) Substantially damage scenic resources, including but not limited to, trees, rock outcroppings,
and historic buildings within a State scenic highway?
c) Substantially degrade the existing visual character or quality of the site and its surroundings?
d) Create a new source of substantial light and glare, which would adversely affect day or nighttime
views in the area?
No Impact - The proposed text amendments do not include a proposal for physical development of any site, and do
not propose or affect any policy or standard that could: a) adversely effect a scenic vista; b) substantially damage
scenic resources; c) degrade the visual character of any site; or d) create substantial light or glare that would
adversely affect day or nighttime views. Any future development proposal that is subject to the amended policies
and standards will be subject to further environmental review pursuant to CEQA on a site specific basis.
AGRICULTRAL RESOURCES - Would the project:
a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland),
as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of
the California Resources Agency, to non-agricultural use?
b) Conflict with existing zoning for agricultural use, or a Williamson Act contract?
c) Involve other changes in the existing environment, which, due to their location or nature, could
result in conversion of Farmland to non-agricultural use?
No Impact - The proposed text amendments do not include a proposal for physical development of any site, and do
not propose or affect any policy or standard that could: a) result in the conversion of farmland to a non-agricultural
use; b) conflict with any existing zoning for agricultural uses or a Williamson Act contract; or c) result in changes to
the existing city environment that would cause the conversion of farmland to a non-agricultural use. Any future
development proposal that is subject to the amended policies and standards will be subject to further environmental
review pursuant to CEQA on a site specific basis.
AIR QUALITY-Would the project:
4 Conflict with or obstruct implementation of the applicable air quality plan?
No Impact - The proposed amendments do not include a proposal for physical development of any site, and do not
propose or affect any policy or standard that could conflict or obstruct implementation of the regional air quality
plan.
All properties within the city are located in the San Diego Air Basin which is a federal and state non-attainment area
for ozone (O& and a state non-attainment area for particulate matter less than or equal to 10 microns in diameter
(PM,o). The periodic violations of national Ambient Air Quality Standards (AAQS) in the San Diego Air Basin
(SDAB), particularly for ozone in inland foothill areas, requires that a plan be developed outlining the pollution
controls that will be undertaken to improve air quality. In San Diego County, this attainment planning process is
embodied in the Regional Air Quality Strategies (RAQS) developed jointly by the Air Pollution Control District
(APCD) and the San Diego Association of Governments (SANDAG).
A plan to meet the federal standard for ozone was developed in 1994 during the process of updating the 1991 state-
mandated plan. This local plan was combined with plans from all other California non-attainment areas having
serious ozone problems and used to create the California State Implementation Plan (SIP). The SIP was adopted by
the Air Resources Board (ARB) after public hearings on November 9th through 10th in 1994, and was forwarded to
the Environmental Protection Agency (EPA) for approval. After considerable analysis and debate, particularly
regarding airsheds with the worst smog problems, EPA approved the SIP in mid-1996.
19 Rev. 07/03/02
Future development projects relate to the SIP and/or RAQS through the land use and growth assumptions that are
incorporated into the air quality planning document. These growth assumptions are based on each city’s and the
County’s general plan. If a proposed project is consistent with its applicable General Plan, then the project
presumably has been anticipated with the regional air quality planning process. Such consistency would ensure that
the project would not have an adverse regional air quality impact.
Section 15 125(B) of the State of California Environment Quality Act (CEQA) Guidelines contains specific
reference to the need to evaluate any inconsistencies between the proposed project and the applicable air quality
management plan. Transportation Control Measures (TCMs) are part of the RAQS. The RAQS and TCM plan set
forth the steps needed to accomplish attainment of state and federal ambient air quality standards. The California
Air Resources Board provides criteria for determining whether a project conforms with the RAQS which include the
following:
Is a regional air quality plan being implemented in the project area?
Is the project consistent with the growth assumptions in the regional air quality plan?
The project area (citywide) is located in the San Diego Air Basin, and as such, is located in an area where a RAQS is
being implemented. The proposed amendments will not change the growth assumptions of the General Plan. Future
development projects that are subject to the amended policies and standards will be required to be consistent with
the growth assumptions of the City’s General Plan and the RAQS. Therefore, the project is consistent with the
regional air quality plan and will in no way conflict or obstruct implementation of the regional plan.
b) Violate any air quality standard or contribute substantially to an existing or projected air quality
violation?
No Impact - The closest air quality monitoring station to properties within the city is in the City of Oceanside. Data
available for this monitoring site through April, 2002 indicate that the most recent air quality violations recorded
were for the state one hour standard for ozone (one day in both 2000 and 2001) and one day in 2001 for the federal
8-hour average for ozone and one day for the 24-hour state standard for suspended particulates in 1996. No
violations of any other air quality standards have been recorded recently. The proposed amendments do not involve
the physical development of any site nor air quality plannindstandard changes. Any future development proposal
that is subject to the amended policies and standards will be subject to further environmental review pursuant to
CEQA on a site specific basis.
c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project
region is non-attainment under an applicable federal or state ambient air quality standard?
No Impact - The Air Basin is currently in a non-attainment zone for ozone and suspended fine particulates. The
project consists of an amendment to residential policies and standards contained in the General Plan and Zoning
Ordinance, which will affect the development of future residential projects on a citywide basis. The proposed
amendments do not propose or affect any policy or standard that would result in a contribution to a cumulatively
considerable potential net increase in emissions throughout the air basin. Additionally, the project does not include
a proposal for physical development of any site. Any future development proposal that is subject to the amended
policies and standards will be subject to further environmental review pursuant to CEQA on a site specific basis.
d) Expose sensitive receptors to substantial pollutant concentrations?
No Impact - The proposed amendments do not include a proposal for physical development of any site, and do not
propose or affect any policies or standards relating to air quality or pollution. Any future development proposal that
is subject to the amended policies and standards will be subject to further environmental review pursuant to CEQA
on a site specific basis.
e) Create objectionable odors affecting a substantial number of people?
No Impact - The proposed amendments do not include a proposal for physical development of any site, and do not
propose or affect any policies or standards that would result in an activity that could create objectionable odors.
Any future development proposal that is subject to the amended policies and standards will be subject to hrther
environmental review pursuant to CEQA on a site specific basis.
20 Rev. 07/03/02 83
BIOLOGICAL RESOURCES - Would the project:
a) Have a Substantial adverse effect, either directly or through habitat modifications, on any species
identified as a candidate, sensitive, or special status species in local or regional plans, policies, or
regulations, or by California Department of Fish and Game or U.S. Fish and Wildlife Service?
b) Have a substantial adverse effect on any riparian, aquatic or wetland habitat or other sensitive
natural community identified in local or regional plans, policies, or regulations or by California
Department of Fish and Game or U.S. Fish and Wildlife Service?
c) Have a Substantial adverse effect on federally protected wetlands as defined by Section 404 of the
Clean Water Act (including but not limited to marsh, vernal pool, coastal, etc.) through direct
removal, filing, hydrological interruption, or other means?
d) Interfere substantially with the movement of any native resident or migratory fish or wildlife
species or with established native resident or migratory wildlife corridors, or impede the use of
native wildlife nursery sites?
No Impact (a, b, c & d) - The proposed amendments do not include a proposal for physical development of any
site, and do not propose or affect any policies or standards that would result in an adverse effect on any sensitive
habitat or species, or interference with any native or migratory wildlife corridor or native wildlife nursery site. Any
future development proposal that is subject to the amended policies and standards will be subject to further
environmental review pursuant to CEQA on a site specific basis.
e) Conflict with any local policies or ordinances protecting biological resources, such as a tree
preservation policy or ordinance?
f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community
Conservation Plan, or other approved local, regional, or state habitat conservation plan?
No Impact (e & f) - The proposed amendments do not include a proposal for physical development of any site, and
do not propose or affect any policies or standards that would result in a conflict with local policies and ordinances
that protect biological resources or the provisions of any habitat conservation plan. In fact, one of the proposed
amendments is to allow a “planned development” in the R-1 zone when a site contains sensitive biological habitat as
identified in the City’s Habitat Management Plan. This amendment will assist in protecting biological habitat by
creating a provision for residential development to be clustered in areas outside of the habitat boundaries. Any
hture development proposal that is subject to the amended policies and standards will be subject to further
environmental review pursuant to CEQA on a site specific basis.
8) Impact tributary areas that are environmentally sensitive?
No Impact - The proposed amendments do not include a proposal for physical development of any site, and do not
propose or affect any policies or standards that would result in an adverse impact to any environmentally sensitive
tributary area. Any future development proposal that is subject to the amended policies and standards will be
subject to further environmental review pursuant to CEQA on a site specific basis.
CULTURAL RESOURCES - Would the project:
a) Cause a Substantial adverse change in the significance of a historical resource as defined in
§15064.5?
b) Cause a substantial adverse change in the significance of an archeological resource pursuant to
§15064.5?
c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic
feature?
d) Disturb any human remains, including those interred outside of formal cemeteries?
21 Rev. 07/03/02
No Impact (a, b, c & d) - The proposed amendments do not include a proposal for physical development of any
site, and do not propose or affect any policies or standards that would result in a disturbance of any human remains
or an adverse impact to any hstorical, archeological, or paleontological resource. Any future development proposal
that is subject to the amended policies and standards will be subject to further environmental review pursuant to
CEQA on a site specific basis, and will be subject to the City’s Cultural Resource Guidelines.
GEOLOGY AND SOILS - Would the project:
a) Expose people or structures to potential substantial adverse effects, including the risk of loss,
injury or death involving:
i. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo
Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other
substantial evidence of a known fault? Refer to Division of Mines and Geology Special
Publication 42.
ii. Strong seismic ground shaking?
iii. Seismic-related ground failure, including liquefaction?
iv. Landslides?
No Impact - There are no Alquist-Priolo Earthquake Fault zones within the City of Carlsbad and there is no other
evidence of active of potentially active faults within the City. However, there are several active faults throughout
Southern California, and these potential earthquakes could affect Carlsbad. Landslides are also a potential threat in
parts of the City. All development proposals in Carlsbad are subject to requirements such as the Uniform Building
Code earthquake construction standards and soil remediation that when necessary ensure potential adverse effects
are not significant. The proposed amendments, however, do not include a proposal for physical development of any
site, and do not propose or affect any policies or standards that would expose people or structures to potential
adverse effects from a known earthquake fault, ground shalung, seismic-related ground failure or landslides. Any future development proposal that is subject to the amended policies and standards will be subject to fkther
environmental review pursuant to CEQA on a site specific basis.
b) Result in substantial soil erosion or the loss of topsoil?
No Impact - The proposed amendments do not include a proposal for physical development of any site, and do not
propose or affect any policies or standards that would result in substantial soil erosion on any site. Any future
development proposal that is subject to the amended policies and standards will be subject to further environmental
review pursuant to CEQA and the City’s Engineering standards on a site specific basis.
c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of
the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence,
liquefaction, or collapse?
d) Be located on expansive soils, as defined in Table 18-1-B of the Uniform Building Code (1994),
creating substantial risks to life or property?
e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater
disposal systems where sewers are not available for the disposal of wastewater?
No Impact (c, d & e) - The proposed amendments do not include a proposal for physical development of any site,
and do not propose or affect any policies or standards that would result in impacts to unstable or expansive soil
conditions. Any future development proposal that is subject to the amended policies and standards will be subject to
further environmental review pursuant to CEQA and the City’s engineering standards on a site specific basis.
22 Rev. 07103102 85
HAZARDS AND HAZARDOUS MATERIALS - Would the project:
a) Create a significant hazard to the public or the environment through the routine transport, use,
or disposal of hazardous materials?
b) Create a significant hazard to the public or environment through reasonably foreseeable upset
and accident conditions involving the release of hazardous materials into the environment?
c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or
waste within one-quarter mile of an existing or proposed school?
d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to
Government Code Section 65962.5 and, as a result, would it create a significant hazard to the
public or environment?
No Impact (a, b, c & d) - The proposed amendments do not include a proposal for physical development of any
site, and do not propose or affect any policies or standards that would result in hazards associated with exposure to
hazardous materials. Any future development proposal that is subject to the amended policies and standards will be
subject to further environmental review pursuant to CEQA on a site specific basis.
e) For a project within an airport land use plan, or where such a plan has not been adopted, within
two miles of a public airport or public use airport, would the project result in a safety hazard for
people residing or working in the project area?
9 For a project within the vicinity of a private airstrip, would the project result in a safety hazard
for people residing or working in the project area?
No Impact (e & f) - The proposed amendments do not include a proposal for physical development of any site, and
do not propose or affect any policies or standards that would result in exposing people to hazards associated with an
airport. Any future development proposal that is subject to the amended policies and standards will be subject to
hrther environmental review pursuant to CEQA on a site specific basis.
g) Impair implementation of or physically interfere with an adopted emergency response plan or
emergency evacuation plan?
h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires,
including where wildlands are adjacent to urbanized areas or where residences are intermixed
with wildlands?
No Impact (g & h) - The proposed amendments do not include a proposal for physical development of any site, and
do not propose or affect any policies or standards that would interfere with the implementation of an adopted
emergency response or evacuation plan, or result in exposing people to risk from wildland fires. Any future
development proposal that is subject to the amended policies and standards will be subject to fiirther environmental
review pursuant to CEQA on a site specific basis.
HYDROLOGY AND WATER QUALITY - Would the project:
a) Violate any water quality standards or waste discharge requirements?
b) Substantially deplete groundwater supplies or interfere substantially with ground water
recharge such that there would be a net deficit in aquifer volume or a lowering of the local
ground water table level (i.e., the production rate of pre-existing nearby wells would drop to a
level which would not support existing land uses or planned uses for which permits have been
granted)?
c) Impacts to groundwater quality?
d) Substantially alter the existing drainage pattern of the site or area, including through the
alteration of the course of a stream or river, in a manner, which would result in substantial
erosion or siltation on- or off-site?
23 Rev. 07l03102
e) Substantially alter the existing drainage pattern of the site or area, including through the
alteration of the course of a stream or river, or substantially increase the flow rate or amount
(volume) of surface runoff in a manner, which would result in flooding on- or off-site?
f) Create or contribute runoff water, which would exceed the capacity of existing or planned
stormwater drainage systems or provide substantial additional sources of polluted runoff?
8) Otherwise substantially degrade water quality?
No Impact (a, b, c, d, e, f & g) - The proposed amendments do not include a proposal for physical development of
any site, and do not propose or affect any policies or standards that would conflict with any water quality standards,
impact groundwater supplieslquality, alter any drainage pattern, impact the capacity of existing or planned
stormwater drainage systems, or result in the degradation of water quality. Any future development proposal that is
subject to the amended policies and standards will be subject to fiuther environmental review pursuant to CEQA on
a site specific basis.
h) Place housing within a 100-year flood hazard area as mapped on a Federal Flood Hazard
Boundary or Flood Insurance Rate Map or other flood delineation map?
i) Place within 100-year flood hazard area structures, which would impede or redirect flood flows?
j) Expose people or structures to a significant risk of loss injury or death involving flooding,
including flooding as a result of the failure of a levee or dam?
k) Inundation by seiche, tsunami, or mudflow?
No Impact (h, i, j & k) - The proposed amendments do not include a proposal for physical development of any
site, and do not propose or affect any policies or standards that would result in placing housing within a 100-year
flood hazard area, or expose people or structures to flooding or inundation by seiche, tsunami or mudflow. Any
future development proposal that is subject to the amended policies and standards will be subject to further
environmental review pursuant to CEQA on a site specific basis.
1) Increased erosion (sediment) into receiving surface waters.
m) Increased pollutant discharges (e.g., heavy metals, pathogens, petroleum derivatives, synthetic
organics, nutrients, oxygen-demanding substances and trash) into receiving surface waters or
other alteration of receiving surface water quality (e.g., temperature, dissolved oxygen or
turbidity)?
n) Changes to receiving water quality (marine, fresh or wetland waters) during or following
construction?
0) Increase in any pollutant to an already impaired water body as listed on the Clean Water Act
Section 303(d) list?
P) The exceedance of applicable surface or groundwater receiving water quality objectives or
degradation of beneficial uses?
No Impact (1, m, n, o & p) - The proposed amendments do not include a proposal for physical development of any
site, and do not propose or affect any policies or standards that would result in increased erosion or pollutant
discharges into any surface waters, a change to receiving water quality, or an exceedance of receiving water quality
objectives. Any future development proposal that is subject to the amended policies and standards will be subject to
further environmental review pursuant to CEQA on a site specific basis.
24 Rev. 07/03/02
LAND USE AND PLANNING - Would the project:
a) Physically divide an established community?
No Impact - The proposed amendments do not include a proposal for physical development of any site, and do not
propose or affect any policies or standards that would result in the division of an established community. Any future
development proposal that is subject to the amended policies and standards will be subject to further environmental
review pursuant to CEQA on a site specific basis.
.
b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction
over the project (including but not limited to the general plan, specific plan, local coastal
program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an
environmental effect?
No Impact - The proposed amendments do not include a proposal for physical development of any site, and do not
propose or affect any policies or standards that would conflict with any land use plan, policy, or regulation adopted
for the purpose of avoiding or mitigating environmental effects. In fact, the purpose of the proposed amendments is
to ensure consistency between the City’s land use plan, zoning ordinance and local coastal program, which will help
avoid conflicts in the future between development projects and City policies/regulations. Any future development
proposal that is subject to the amended policies and standards will be subject to further environmental review
pursuant to CEQA on a site specific basis.
c) Conflict with any applicable habitat conservation plan or natural community conservation plan?
No Impact - The proposed amendments do not include a proposal for physical development of any site, and do not
propose or affect any policies or standards that would conflict with the any habitat conservation plan or natural
community conservation plan. In fact, one of the proposed amendments is to allow a “planned development” in the
R-1 zone when a site contains sensitive biological habitat as identified in the City’s Habitat Management Plan. This
amendment will assist in protecting biological habitat by creating a provision for residential development to be
clustered in areas outside of the habitat boundaries. Any future development proposal that is subject to the amended
policies and standards will be subject to fiu-ther environmental review pursuant to CEQA on a site specific basis.
MINERAL RESOURCES - Would the project:
a) Result in the loss of availability of a known mineral resource that would be of future value to the
region and the residents of the State?
b) Result in the loss of availability of a locally important mineral resource recovery site delineated
on a local general plan, specific plan, or other land use plan?
No Impact (a & b) - The proposed amendments do not include a proposal for physical development of any site, and
do not propose or affect any policies or standards that would result in the loss of availability of a mineral resource.
Any future development proposal that is subject to the amended policies and standards will be subject to further
environmental review pursuant to CEQA on a site specific basis.
NOISE - Would the project result in:
a) Exposure of persons to or generation of noise levels in excess of standards established in the local
general plan or noise ordinance or applicable standards of other agencies?
b) Exposure of persons to or generation of excessive groundbourne vibration or groundbourne
noise Ievels?
c) A substantial permanent increase in ambient noise levels in the project vicinity above levels
existing without the project?
d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above
levels existing without the project?
25 Rev. 07/03/02 88
No Impact (a, b, c & d) - The proposed amendments do not include a proposal for physical development of any
site, and do not propose or affect any policies or standards that would result in exposing people to excessive noise
levels or groundbourne vibrations, or increase noise levels. Any future development proposal that is subject to the
amended policies and standards will be subject to further environmental review pursuant to CEQA on a site specific
basis.
e) For a project located within an airport land use plan or, where such a plan has not been adopted,
within 2 miles of a public airport or public use airport, would the project expose people residing
or working in the project area to excessive noise levels?
0 For a project within the vicinity of a private airstrip, would the project expose people residing or
working in the project area to excessive noise levels?
No Impact (e & f) - The proposed amendments do not include a proposal for physical development of any site, and
do not propose or affect any policies or standards that would result in exposing people to excessive noise levels
associated with an airport. In addition, the Comprehensive Land Use Plan for McClellan-Palomar Airport, will
ensure that future residential development will not be exposed to excessive noise levels generated by the airport.
Also, any future development proposal that is subject to the amended policies and standards will be subject to
firther environmental review pursuant to CEQA on a site specific basis.
POPULATION AND HOUSING - Would the project:
a) Induce substantial growth in an area either directly (for example, by proposing new homes and
businesses) or indirectly (for example, through extension of roads or other infrastructure)?
No Impact - The proposed amendments do not include a proposal for physical development of any site, and
therefore will not directly induce any growth. In addition, the proposed amendments will not introduce any new
standard or provision that would indirectly induce Substantial growth beyond what is currently allowed by City
policies and standards. Any future residential development within the city must comply with the City’s growth
projections contained in the Growth Management Program. Because all public facilities (roads, infrastructure, etc)
have been planned to accommodate the growth anticipated in the Growth Management Program, no Substantial new
roads or infrastructure will be necessary. Therefore, the project will not induce Substantial growth either directly or
indirectly. Also, any future development proposal that is subject to the amended policies and standards will be
subject to further environmental review pursuant to CEQA on a site specific basis.
b) Displace substantial numbers of existing housing, necessitating the construction of replacement
housing elsewhere?
c) Displace Substantial numbers of people, necessitating the construction of replacement housing
elsewhere?
No Impact (b & c) - The proposed amendments do not include a proposal for physical development of any site, and
do not propose or affect any policies or standards that would result in the displacement of any existing housing or
people. Any future development proposal that is subject to the amended policies and standards will be subject to
further environmental review pursuant to CEQA on a site specific basis.
PUBLIC SERVICES
a) Would the project result in Substantial adverse physical impacts associated with the provision of
new or physically altered government facilities, a need for new or physically altered government
facilities, the construction of which could cause significant environmental impacts, in order to
maintain acceptable service ratios, response times, or other performance objectives for any of
the public services:
1. Fire protection?
ii. Police protection?
iii. Schools?
iv. Parks?
V. Other public facilities?
26 Rev. 07/03/02 f9
No Impact - The proposed amendments do not include a proposal for physical development of any site, and do not
propose or affect any policies or standards that would result in adverse impacts to the maintenance of acceptable
service ratios, response times or other performance objectives for any public service (fire & police protection,
schools, parks and other public facilities). Any future development proposal that is subject to the amended policies
and standards will be subject to further environmental review pursuant to CEQA on a site specific basis.
RECREATION
a) Would the project increase the use of existing neighborhood and regional parks or other
recreational facilities such that substantial physical deterioration of the facility would occur or
be accelerated?
b) Does the project include recreational facilities or require the construction or expansion of
recreational facilities, which might have an adverse physical effect on the environment?
No Impact (a & b) - The proposed amendments do not include a proposal for physical development of any site. As
part of the City’s Growth Management Program, a performance standard for parks was adopted. Any future
residential development subject to the proposed amended policies standards will be required to comply with the
performance standards of the Growth Management Program, which will ensure that future residential development
will not adversely impact any park facilities. Also, any future development proposal that is subject to the amended
policies and standards will be subject to further environmental review pursuant to CEQA on a site specific basis.
TRANSPORTATION/TRAFFIC-Would the project:
a) Cause an increase in traffic that is substantial in relation to the existing traffic load and capacity
of the street system?
No Impact - The project does not include a proposal for physical development of any site, and it does not affect or
propose any policy or standard that might cause an increase in traffic. A performance standard for traffic is part of
the City’s Growth Management Program. Future development that is subject to the amended policies and standards
will be required to comply with this performance standard, which ensures future development will not exceed the
traffic load and capacity of the city’s street system. In addition, future development will be subject to further
environmental review pursuant to CEQA on a site specific basis.
b) Exceed, either individually or cumulatively, a level of service standard established by the county
congestion management agency for designated roads or highways?
No Impact - SANDAG acting as the County Congestion Management Agency has designated three roads (Rancho
Santa Fe Rd., El Camino Real and Palomar Airport Rd.) and two highway segments in Carlsbad as part of the
regional circulation system. The Existing and Buildout average daily traffic (ADT) and Existing LOS on these
designated roads and highways in Carlsbad is:
Existing ADT* Los Buildout ADT*
Rancho Santa Fe Road 15-32 “A-C” 28-43
El Camino Real 21-50 “A-C” 32-65
SR 78 120 “F” 144
Palomar Airport Road 10-52 “A-B” 29-77
1-5 183-198 “D” 2 19-249
*The numbers are in thousands of daily trips.
The Congestion Management Program’s (CMP) acceptable Level of Service (LOS) standard is “E’, or LOS “F” if
that was the LOS in the 1990 base year (e.g., SR 78 in Carlsbad was LOS “F” in 1990). Accordingly, all designated
roads and highways are currently operating at or better than the acceptable standard LOS.
Note that the buildout ADT projections are based on the full implementation of the region’s general and community
plans. The proposed land use and zone change is consistent with the growth projections of the general plan and,
therefore, its traffic was used in modeling the buildout projections. Achievement of the CMP acceptable Level of
Service (LOS) “E” standard assumes implementation of the adopted CMP strategies. Based on the design
27 Rev. 07103102 90
capacity(ies) of the designated roads and highways and implementation of the CM” strategies, they will function at
acceptable level(s) of service in the short-term and at buildout.
This project proposes no physical development of a property. Further, it does not propose to change or add a
standard that would affect levels of service as established by the CMP. Any future residential development subject
to the amended policies and standards will be subject to further environmental review pursuant to CEQA and the
CMP on a site specific basis.
c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change
in location that results in substantial safety risks?
No Impact - The proposed amendments do not include a proposal for physical development of any site, and do not
propose or affect any policies or standards that would result in a change of air traffic patterns or result in substantial
safety risks associated with air traffic patterns. Any future residential development subject to the amended policies
and standards will be subject to further environmental review pursuant to CEQA on a site specific basis.
d) Substantially increase hazards due to a design feature or incompatible uses?
No Impact - The proposed amendments do not include a proposal for physical development of any site, and do not
propose or affect any policies or standards that would cause a future project to increase hazards due to a design
feature or incompatible use. Any future residential development subject to the amended policies and standards will
be subject to further environmental review pursuant to CEQA on a site specific basis.
e) Result in inadequate emergency access?
f) Result in inadequate parking capacity?
No Impact (e & f) - The proposed amendments do not include a proposal for physical development of any site, and
do not propose or affect any policies’or standards that would result in inadequate emergency access or parking
capacity. Any future residential development subject to the amended policies and standards will be subject to
Mer environmental review pursuant to CEQA on a site specific basis.
9) Conflict with adopted policies, plans or programs supporting alternative transportation (e.g., bus
turnouts, bicycle racks, etc.)?
No Impact - The proposed amendments do not include a proposal for physical development of any site, and do not
propose or affect any policies or standards that would conflict with adopted policies, plans or programs supporting
alternative transportation. Any future residential development subject to the amended policies and standards will be
subject to further environmental review pursuant to CEQA on a site specific basis.
UTILITIES AND SERYICES SYSTEMS - Would the project:
a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control
Board?
No Impact - The proposed amendments do not include a proposal for physical development of any site, and do not
propose or affect any policies or standards that would cause future development to exceed any wastewater treatment
requirements. Any future residential development subject to the amended policies and standards will be subject to
the requirements of the Regional Water Quality Control Board, and further environmental review pursuant to
CEQA, on a site specific basis.
b) Require or result in the construction of new water or wastewater treatment facilities or
expansion of existing facilities, the construction of which would cause significant environmental
effects?
c) Require or result in the construction of new storm water drainage facilities or expansion of
existing facilities, the construction of which could cause significant environmental effects?
d) Have sufficient water supplies available to serve the project from existing entitlements and
resources, or are new or expanded entitlements needed?
28 Rev. OliQ3lO2
e) Result in a determination by the wastewater treatment provider, which serves or may serve the
project that it has adequate capacity to serve the project’s projected demand in addition to the
provider’s existing commitments?
No Impact (b, c, d & e) - The proposed amendments do not include a proposal for physical development of any
site, and do not propose or affect any policies or standards that would increase the need for, or conflict with the
current growth projections for water facilities, wastewater treatment or drainage facilities. All public facilities,
including water facilities, wastewater treatment facilities and drainage facilities, have been planned and designed to
accommodate the growth projections for the City at build-out. Any future residential development subject to the
amended policies and standards will be subject to further environmental review pursuant to CEQA on a site specific
basis.
f) Be served by a landfill with sufficient permitted capacity to accommodate the project’s solid
waste disposal needs?
g) Comply with federal, state, and local statutes and regulations related to solid waste?
No Impact (f & g) - The proposed amendments do not include a proposal for physical development of any site, and
do not propose or affect any policies or standards that would conflict with any regulations related to solid waste, or
impact the ability to accommodate solid waste disposal needs within the city. Any future residential development
subject to the amended policies and standards will be subject to hrther environmental review pursuant to CEQA on
a site specific basis.
MANDATORY FINDINGS OF SIGNIFICANCE
a) Does the project have the potential to degrade the quality of the environment, substantially
reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below
self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or
restrict the range of a rare or endangered plant or animal or eliminate important examples of
the major periods of California history or prehistory?
No Impact - The proposed amendments do not include a proposal for physical development of any site, and do not
propose or affect any policies or standards that would have the potential to degrade the quality of the environment,
substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-
sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare
or endangered plant or animal or eliminate important examples of the major periods of California history or
prehistory. Any future residential development subject to the amended policies and standards will be subject to
further environmental review pursuant to CEQA on a site specific basis.
b) Does the project have impacts that are individually limited, but cumulatively considerable?
(“Cumulatively considerable” means that the incremental effects of a project are considerable
when viewed in connection with the effects of past projects, the effects of other current projects,
and the effects of probable future projects?)
No Impact - San Diego Association of Governments (SANDAG) projects regional growth for the greater San
Diego area, and local general plan land use policies are incorporated into SANDAG projections. Based upon those
projections, region-wide standards, including storm water quality control, air quality standards, habitat conservation,
congestion management standards, etc, are established to reduce the cumulative impacts of development in the
region. All of the City’s development standards and regulations are consistent with the region-wide standards. The
City’s standards and regulations, including grading standards, water quality and drainage standards, traffic
standards, habitat and cultural resource protection regulations, and public facility standards, ensure that development
within the City will not result in a significant cumulatively considerable impact.
There are two regional issues that development withn the City of Carlsbad has the potential to have a cumulatively
considerable impact on. Those issues are air quality and regional circulation. Development of future residential
projects subject to the proposed amended policies and standards may represent a contribution to a cumulatively
considerable potential net increase in emissions throughout the air basin. However, emissions associated with a
future residential development would be minimal. Given the limited emissions potentially associated with a
29 Rev. 07/03/02
residential development, air quality would be essentially the same whether or not a residential development is
implemented.
With regard to circulation, the County Congestion Management Agency (CMA) has designated three roads (Rancho
Santa Fe Rd., El Camino Real and Palomar Airport Rd.) and two highway segments in Carlsbad as part of the
regional circulation system. The CMA has determined, based on the City’s growth projections in the General Plan,
that these designated roadways will function at acceptable levels of service in the short-term and at build-out.
The proposed amendments will not affect any policies or standards that would conflict with City or region-wide
standards. Also, the proposed amendments do not include a proposal for physical development of any site;
therefore, the project will not result in an individually or cumulatively considerable environmental impact. Any
future residential development subject to the amended policies and standards will be subject to further
environmental review pursuant to CEQA on a site specific basis.
c) Does the project have environmental effects, which will cause the substantial adverse effects on
human beings, either directly or indirectly?
No Impact - The proposed amendments do not include a proposal for physical development of any site, and do not
propose or affect any policies or standards that would cause substantial adverse effects on human beings, either
directly or indirectly. Any future residential development subject to the amended policies and standards will be
subject to further environmental review pursuant to CEQA on a site specific basis.
30 Rev. 07/03/02 93
EARLIER ANALYSIS USED AND SUPPORTING INFORMATION SOURCES
The following documents were used in the analysis of this project and are on file in the City of Carlsbad Planning
Department located at 1635 Faraday Avenue, Carlsbad, California, 92008.
1. Final Master Environmental Impact Report for the City of Carlsbad General Plan Update (MEIR 93-01).
City of Carlsbad Planning Department. March 1994.
2. Carlsbad General Plan, September 6, 1994.
3. Carlsbad Municipal Code, Title 2 1. Zoning
4, Carlsbad Local Facilities Management Zones
5. City of Carlsbad Geotechnical Hazards Analysis and Mapping Study, November 1992.
31 94 Rev. 07103102
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PLANNING COMMISSION RESOLUTION NO. 5651
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A GENERAL PLAN AMENDMENT TO
AMEND THE RESIDENTIAL POLICIES AND LAND USE
DESIGNATIONS IN THE LAND USE EMEMENT OF THE
GENERAL PLAN TO ENSURE CONSISTENCY BETWEEN
THE GENERAL PLAN AND ZONING ORDINANCE; AND
ALSO TO ENSURE CONSISTENCY BETWEEN CITY
POLICIES AND STATE LAW.
CASENAME: RESIDENTIAL GENERAL PLAN AND
ZONING CONSISTENCY AMENDMENTS
CASE NO: GPA 03-13
WHEREAS, the City of Carlsbad, “Applicant,” has filed a verified application
with the City of Carlsbad regarding property described as citywide (“the Property”); and
WHEREAS, said verified application constitutes a request for a General Plan
Amendment as shown on Exhibit “A” dated June 16, 2004, attached hereto and on file in the
Carlsbad Planning Department RESIDENTIAL GENERAL, PLAN AND ZONING
CONSISTENCY AMENDMENTS - GPA 03-13 as provided in Government Code Section
65350 et. seq. and Section 21.52.160 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 16th day of June 2004 and on
the 21st day of July 2004 hold a duly noticed public hearing as prescribed by law to consider
said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the General Plan Amendment.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad, as follows:
A)
B)
That the above recitations are true and correct.
That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of RESIDENTIAL GENERAL PLAN AND
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ZONING CONSISTENCY AMANDMENTS - GPA 03-13., based on the
following findings :
Findings:
1. The proposed amendment to the residential land use policies and descriptions in the
Land Use Element of the General Plan, as shown on Exhibit “A” is in conformance
with the Elements of the City’s General Plan based on the facts set forth in the staff
report dated June 16,2004, including, but not limited to the following:
a. The proposed amendments will provide consistency between the General
Plan and Zoning Ordinance, which ensures that the policies of the General
Plan will be implemented; and
b. The proposed amendments are consistent with the goals and objectives of the
Housing Element, in that requiring housing development to be consistent
with the minimum density of the underlying land use designation will assist
in achieving the goal to provide “new housing developed with a diversity of
types, prices, tenures, densities and locations and in sufficient quantity to
meet the demand of anticipated City and regional growth;” and
c. The proposed amendments are consistent with the goals and objectives of the
Open Space & Conservation Element, in that allowing housing development
to be clustered outside of habitat areas in all residential land use
designations, including RL and RLM, will assist in achieving the City’s goals
to protect environmentally sensitive land, protect wildlife habitat, and
minimize the impacts from new development on environmental resources.
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PC RES0 NO. 5651 -2-
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 21st day of July 2004, by the
following vote, to wit:
AYES: Chairperson Whitton, Commissioners Baker, Dominguez,
Heineman, Montgomery and Segall
NOES: None
ABSENT: None
ABSTAIN: None
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. H%Z&€?L ER
Planning Director
PC RES0 NO. 5651 -3- 47
Exhibit “A”
June 16,2004
Land Use Element
SCHOOLS
E I ernen ta ry
Junior High
High School
Continuation
Private
OPEN SPACE & COMMUNITY PARKS
(0s)
requirements for each area. Density allocations .
are not intended to specifically identify building
types but rather intensity of use. The City’s goals
regarding the need for specific types of residential
housing are contained in the Housing Element.
That element should be referred to for more
detailed information regarding the housing needs
of the community and an integrated set of goals,
policies and programs to assist the community in
meeting those needs.
TRANSPORTATION CORRIDOR (TC)
UNPLANNED AREAS (UA)
COMBINATION DISTRICT
Within each land use designation, there exists the
potential for certain unique land uses for which
there are no specific designations. Such uses
may include, but are not limited to churches, or
hospitals. These and other unique types of uses
cannot be automatically placed within any
‘1 City which provides for a
variety of housing types and
density ranges to meet the
diverse economic and social
requirements of residents.. . If
particular land use classification and must be
reviewed on an individual site basis through the
conditional use permit process (Title 21, Chapter
21.42, Carlsbad Municipal Code).
Discussed below are descriptions of the land use
classifications including population density and
building intensity permitted within each classifi-
cation.
1. RESIDENTIAL
Density is the unit of measure used to compare
and describe the intensity of residential land use.
Different categories of density constitute policy
statements used in establishing the public facility
Five ranges of residential density, as shown
below, have been incorporated into the General
Plan. Each of these categories is implemented
by one or more zone classifications that contains
specific site development standards. The City
also has a specific mobile home park zoning
classification although individual mobile homes
are permitted in any dewsky residential land use
classification.
Notwithstandinq the densitv provisions and
intent of each residential land use
designation, as specified below, a one-familv
dwelling shall be permitted on any leqal lot
that existed as of
IINSERT EFFECTIVE DATE OF ZCA 03-02 ORD.1 I
and which is designated and zoned for
residential use. Anv proposal to subdivide
land or construct more than one dwelling shall
be subiect to the densitv and intent of the
underlving residential land use designation.
Low Densitv (RL): Low density residential
’p’ areas
intended to be developed with wgle E-
family dwellings on parcels one-half acre or
larger at a densitv between 0 to 1.5 units
per acre. On sites containing sensitive
biological resources, as identified in the
Carlsbad Habitat Manaqement Plan,
development other than one-familv
dwellinqs may be approved with a planned
development permit, subiect to the densitv
range of this designation.
Low-Medium Densitv (RLM): LAJam-+Low-
medium density residential areas
intended to be
developed with =-family hemes
dwellinqs ri m Y
at a densitv between 0 to 4
Amended March 27,2001 Page 9
98
Land Use Element
General Plan Density
C.
d.
e.
Growth
dwelling units per gwss acre. +bwte+&
-e On sites containing
sensitive bioloqical resources, as
identified in the Carlsbad Habitat
Management Plan, development other
than one-family dwellings may be
approved with a planned development
permit, subiect to the densitv ranqe of this
designation.
RM
RMH
RH
Medium-Density (RM): Udxm-mMedium
density residential areas
intended to be developed with smaU-bt
--family dwellings, kwma+bw 1
dwellings and multiple-family dwellinqs at
a density between 4 to 8 dwelling units per
acre.
4-8 6.0
8 - 15.0 11.5
15-23 19.0
Medium-Hiqh Density (RMH):
Medium-high density residential areas
intended to be developed
iqwtww~’&---- two-family dw e I I i n CI s and mu I ti pl e -f a m i Iv dwe I I i ng s,
as well as one-family dwellings (developed
as two or more detached units on one lot)
at a density between 8 to 15 dwelling units
per acre. Development of one-family
dwellings on individual lots may be
approved with a planned development
permit, subiect to the density range of this
designation.
.. y&l -r con-
Hiqh Density (RH): High-density residential daskatw - areas &a+&wzcc! by
intended to be developed with kw--aM
dew@wm& two-family and multiple-
familv dwellings, as well as one-family
dwellings (developed as two or more
detached units on one lot) at a density
between 15 to 23 dwelling units per acre.
.. .
r\ 1 J
Certain areas of the City designated for planned
communities may have several residential
designations or combinations of residential
designations. To accommodate good design and
planning, as well as environmental and
topographical factors, planned communities shall
be controlled by a master plan.
As part of the City’s Growth Management Plan, a
dwelling unit limitation was established for each
quadrant of the City. The City shall not approve
any general plan amendment, zone change,
tentative subdivision map or other discretionary
approval for a development that could result in
the development above the limit in any quadrant.
To ensure that development does not exceed the
limit, the following growth management control
points are established for the Land Use Element
density ranges.
The City shall not approve any residential
development at a density that exceeds the growth
management control point for the applicable
density range without making the following
findings:
a. That the project will provide sufficient
additional public facilities for the density in
excess of the control point to ensure that the
adequacy of the City’s public facilities plans
will not be adversely impacted.
b. That there have been sufficient developments
approved in the quadrant at densities below
the control point so the approval will not result
in exceeding the quadrant limit.
c. All necessary public facilities reauired bv
the Citv’s Growth Management Program
will be constructed, or are guaranteed to
be constructed, concurrently with the
need for them created by this
development and in compliance with the
adopted Citv standards.
Table 2: ALLOWED DWELLING UNITS
I Ranges Management
Control Point
RL I 0-1.5 I 1 .o
RLM I 0-4.0 I 3.2
The residential land use designation2 indicates
MAXIMUM development unit yields. To meet the
General Plan goals and objectives, including, but
Page 14 Amended March 27,2001
99
Land Use Element
not limited to population goals and environmental
considerations, the ACTUAL yield may be less
than maximum potentials, but not less than the
minimum densitv of the underlying land use
designation; except, density may be approved
below the minimum of the densitv range in the
following circumstances:
a. When a lot is legal nonconforming, or
when two leqal nonconforming lots are
consolidated into one lot.
b. When a leqal lot is developed with one or
more residential units that existed as of
IINSERT EFFECTIVE DATE OF ORD.l ;
provided, the existing units are to remain
and it is not feasible to construct the
number of additional units needed to meet
the minimum density without requiring the
removal of the existing units.
Pursuant to California Government Code
Section 65863, the City shall not by
administrative, auasi-iudicial, or leuislative
action, reduce, require or permit the reduction
of residential densitv on anv parcel to a
densitv below that which was utilized bv the
California Department of Housing and
Community Development in determining
compliance with housing element law, unless,
the City, makes written findinas supported by
substantial evidence of both of the followinn:
a. The reduction is consistent with the
adopted general plan, including the
housing element.
b. The remaining sites identified in the
housinq element are adequate to
accommodate the Citv’s share of the
reqional housing need pursuant to
Government Code Section 65584.
If a reduction in residential densitv for any
parcel would result in the remainins sites
identified in the housing element not being
adequate to accommodate the Citv’s share of
the reqional housinq need, the Citv may
reduce the density on that parcel provided it
identifies sufficient additional, adequate, and
available sites with an equal or greater
residential densitv so that there is no net loss
of residential unit capacitv.
The Citv shall be solely responsible for
compliance with Government Code Section
65863, unless a proiect applicant reauests in
his or her initial application, as submitted, a
density that would result in the remaining
sites in the housing element not being
adequate to accommodate the City’s share of
the regional housing need. In that case, the
City may require the project applicant to
complv with Government Code Section 65863.
For the purposes of determining or reauiring
compliance with Government Code Section
65863, the submission of an application does
not depend on the application being deemed
complete or beina accepted bv the Citv.
Government Code Section 65863 does not
applv to parcels that, prior to Januarv I, 2003,
were either 1) subiect to a development
aqreement, or 2) parcels for which an
application for a subdivision map had been
submitted.
Residential density shall be determined based on
a number of dwelling units per developable acre
of property. The following lands are considered
to be undevelopable and shall be excluded from
density ca Icu I at ion s :
a.
b.
d.
e.
f.
g.
h.
C.
I.
Beaches;
Permanent bodies of water;
Floodways;
Slopes with an inclination of greater than
40%;
Significant wetlands;
Significant riparian woodland habitats;
Land subject to major power transmission
easements;
Land upon which other significant
environmental features as determined by the
environmental review process for a project
are located; and
Railroad track beds.
No residential development shall occur on the
lands listed above, however, the City Council may
permit limited development of such property, if
when considering the property as a whole, the
prohibition against development would constitute
an unconstitutional deprivation of property.
Limited development of accessory or
nonresidential uses may be permitted.
Amended March 27,2001 Page 15
/do
Land Use Element
Development on slopes with an inclination of 25%
to 40% shall be permitted if designed to minimize
the grading and comply with the slope
development provisions of the hillside ordinance
and the Carlsbad Local Coastal Program.
However, only 50% of the area shall be used for
density calculations.
In instances where a property owner is preserving
a significant amount of open space land beyond
what would normally be required by city
ordinances for purposes of environmental
enhancement, establishing wildlife corridors or
reserves or otherwise leaving developable
property in its natural condition, the City shall
consider allowing the density or development
potential of the property being preserved to be
transferred to another portion of the property or
another distinct property. In these instances, the
densityldevelopment potential of the property
being left in open space shall be reserved for and
used on the remainder of the land owned by the
property owner, or through a negotiated
agreement with the City, may be transferred to
land owned by another property owner.
All legally existing R-2 lots, as of December 1,
1986, may be developed with a two-family
residence regardless of the density allowed by
their General Plan designation if they can comply
with all applicable development standards in
effect at the time of their development and if the
following findings can be made:
a.
b.
C.
That the project will provide sufficient
additional public facilities for the density in
excess of the control point to ensure that the
adequacy of the City's public facilities plans
will not be adversely impacted;
That there have been sufficient developments
approved in the quadrant at densities below
the control point to cover the units in the
project above the control point so the
approval will not result in exceeding the
quadrant limit; and
All necessary public facilities required by this
chapter will be constructed, or are guaranteed
to be constructed, concurrently with the need
for them created by this development and in
compliance with the adopted City standards.
There are exceptional cases where the base zone
is consistent with the land use designation but
would permit a slightly higher yield than that
recommended in the low and low-medium density
residential classifications. In those exceptional
cases, the City may find that the project is
consistent with this element if: a) the project is
compatible with the objectives, policies, general
land uses and programs expressed herein, b) all of
the necessary infrastructure is in place to support
the project, and c) the proposed density does not
exceed the maximum density allowed at the top of
the range by more than an additional 25%.
Affordable Housing - Density Increases
The City recognizes that the feasibility of
providing housing affordable to lower-income
families is dependent upon the ability to achieve
residential densities higher than allowed by the
underlying land use designation. Therefore, it is
necessary to consider development of housing
projects containing lower-income affordable
housing units at densities that may exceed the
ranges and growth management control points
indicated above. The density which may be
approved for those projects which include
affordable housing shall be determined on an
individual project proposal basis, and may be
independent of the residential land use
designation of the site, subject to the criteria listed
under Residential, Implementing Policies and
Programs, C.3.
Page 16 Amended March 27,2001
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PLANNING COMMISSION RESOLUTION NO. 5652
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A ZONE CODE AMENDMENT TO AMEND
THE RESIDENTIAL REGULATIONS IN THE ZONING
ORDINANCE TO ENSURE CONSISTENCY BETWEEN THE
GENERAL PLAN AND ZONING ORDINANCE.
CASENAME: RESIDENTIAL GENERAL PLAN AND
ZONING CONSISTENCY AMENDMENTS
CASE NO.: ZCA 03-02
WHEREAS, in accordance with Section 21.52.020 of the Carlsbad Municipal
Code, the Planning Director has prepared an amendment to Title 21 of the Municipal Code
(Zoning Ordinance) relating to residential development regulations; and
WHEREAS, the proposed amendment is set forth in the draft City Council
Ordinance, Exhibit “X,” dated June 16, 2004, attached hereto, RESIDENTIAL GENERAL
PLAN AND ZONING CONSISTENCY AMENDMENTS - ZCA 03-02; and
WHEREAS, the Planning Commission did on the 16th day of June 2004 and on
the 21st day of July 2004 hold a duly noticed public hearing as prescribed by law to consider
said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, analyzing the information submitted by
staff, and considering any written comments received, the Planning Commission considered all
factors relating to the Zone Code Amendment; and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Planning
Commission hereby RECOMMENDS APPROVAL of RESIDENTIAL
03-02, based on the following findings:
GENERAL PLAN AND ZONING CONSISTENCY AMENDMENTS - ZCA
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Findings:
1. The proposed Zone Code Amendment, ZCA 03-02, is consistent with the General Plan in
that the amendments will correct existing inconsistencies to ensure consistency with
the goals and objectives of the City of Carlsbad’s Land Use Element and other
policies of the General Plan. Specifically, the amendments will provide consistency
between the residential land use designations and the zones that implement them.
2. The proposed Zone Code Amendment, ZCA 03-02, reflects sound principles of good
planning in that it: a) provides consistency with the General Plan; and b) provides
consistency with the various provisions of the Zoning Ordinance and Local Coastal
Program.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 21st day of July 2004, by the
following vote, to wit:
AYES: Chairperson Whitton, Commissioners Baker, Dominguez,
Heineman, Montgomery and Segall
NOES: None
ABSENT: None
ABSTAIN: None
f. WHITTON, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. mZMELER
Planning Director
PC RES0 NO. 5652 -2-
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PLANNING COMMISSION RESOLUTION NO. 5653
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A LOCAL COASTAL PROGRAM
AMENDMENT TO AMEND THE RESIDENTIAL
REGULATIONS IN THE ZONING ORDINANCE TO ENSURE
CONSISTENCY BETWEEN THE GENERAL PLAN AND
ZONING ORDINANCE.
CASENAME: RESIDENTIAL GENERAL PLAN AND
ZONING CONSISTENCY AMENDMENTS
CASE NO.: LCPA 03-12
WHEREAS, the Planning Director has prepared an amendment to Title 21 of the
Municipal Code (Zoning Ordinance) relating to residential development regulations; and
WHEREAS, the Zoning Ordinance is the implementing ordinance for the City of
Carlsbad Local Coastal Program; and
WHEREAS, California State law requires that the Local Coastal Program and
Zoning Ordinance be in conformance, and therefore, an amendment to the Local Coastal
Program is required in conjunction with an amendment to the Zoning Ordinance (implementing
ordinance) to ensure consistency between the two documents; and
WHEREAS, the City of Carlsbad, “Applicant,” has filed a verified application
for an amendment to the Local Coastal Program; and
WHEREAS, said verified application constitutes a request for a Local Coastal
Program Amendment as shown on Exhibit “X,” dated June 16, 2004, attached to Planning
Commission Resolution No. 5652 and incorporated herein by reference, as provided for in
Public Resources Code Section 30514 and Article 15, Subchapter 2, Chapter 8, Division 5.5 of
Title 14 of the California Code of Regulations (California Coastal Commission Regulations); and
WHEREAS, the Planning Commission did on the 16th day of June 2004 and on
the 21st day of July 2004 hold a duly noticed public hearing as prescribed by law to consider
said request; and
/&
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WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, analyzing the information submitted by
staff, and considering any written comments received, the Planning Commission considered all
factors relating to the Local Coastal Program Amendment; and
WHEREAS, in accordance with California Coastal Commission requirements, the
Local Coastal Program Amendment was subject to a six-week public review period, starting on
April 22, 2004 and ending on June 3, 2004, and the Planning Commission considered all
comments received, if any.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Planning
Commission hereby RECOMMENDS APPROVAL of RESIDENTIAL
LCPA 03-12, based on the following findings:
GENERAL PLAN AND ZONING CONSISTENCY AMENDMENTS -
Findings:
1.
2.
...
...
...
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That the proposed Local Coastal Program Amendment meets the requirements of, and is
in conformity with, the policies of Chapter 3 of the Coastal Act and all applicable policies
of the Mello I, Mello 11, Agua Hedionda Lagoon, East Batiquitos Lagoon and West
Batiquitos Lagoon segments of the Carlsbad Local Coastal Program not being amended
by this amendment, in that it ensures consistency with the Carlsbad Zoning
Ordinance, and does not conflict with any coastal zone regulations, land use
designations or policies, with which development must comply.
That the proposed amendment to the Carlsbad Local Coastal Program is required to
ensure consistency with the proposed Zone Code Amendment (ZCA 03-02).
PC RES0 NO. 5653 -2- 1.5
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 21st day of July 2004, by the
following vote, to wit:
AYES: Chairperson Whitton, Commissioners Baker, Dominguez,
Heineman, Montgomery and Segall
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
MICHAEL J. HO%MI&ER
Planning Director
PC RES0 NO. 5653 -3-
RMH Underdeveloped Parcels
July 13, 2004
Attachment 5
k-9 MI-
Density General Situs Address Gross Acres Units Plan
RMH 2380 JEFFERSON ST 0.26 1 2
RMH 2386 JEFFERSON ST 0.48 1 3
~~
Rec A-P-N Value Zoning
1 1551 8020 R-3
I t 51 155221091R-1-10000
I
I 61 155251 1dR-3
7) 15517029lR-3
81 155271 191 R-3
91 155271201R-3
101 1552231 81 R-3 I I 111 155223201 R-3
121 04lP-c
~~~ ~ ~~
RMH [COLLEGE BLVD I 18.251 1351 146
RMH 1974 HOME AV 0.261 II 2 I 131 203130081 R-1 .- I 141 20301 01 91 R-3 RMH 12375 RUE DES CHATEAU I 2.051 141 . 16
RMH 12469 OCEAN ST I 0.251 II 2 I 151 203021 031 R-3
RMH 1965 OAK AV I 0.431 21 31 16 2041 1 102 R-3
17 2041 11 06 R-3
~~ ~ I I - I 2 3 RMH 1931 OAK AV 0.39
181 2041 1 1 171 R-3
191 2041 9105lR-3
RMH 1996 PINE AV I 0.41 21 31
RMH (3482 HARDING ST I 0.411 2 3
RMH/O 13327 TYLER ST 0.51 31 4 I 201 204070091 RD-M -_
21 20428005 RD-M
22 20428017 R-1
RMH 749 MAGNOLIA AV 0.44 2 3
RMH 600 TAMARACK AV 0.38 1 3
RMH 546 TAMARACK AV 0.25 1 2
RMH/RLM 1085 CHINQUAPIN AV 0.44 1 3
RMH 3880 HIBISCUS CR 0.5 I 4
231 204280411R-1
241 206120401 RDM-Q/RI
I 251 20428015lR-1
~ 26) 206120391 RD-M-Q
271 20612003~RDM-Q
RM H 1075 CHINQUAPIN AV 0.38 2 3
RMH 1065 CHINQUAPIN AV 0.49 1 3
RMH 438 TAMARACK AV 0.38 2 3
RMH 4120 HARRISON ST 1.54 1 12
RMH 41 15 HARRISON ST 0.44 2 3
281 204280231 R-1
291 206120121RD-M-Q
I 301 2061 20241 RD-M __ I 31 I 2061 20231 RD-M RMH 14123 HARRISON ST I 0.381 2) 3
RMH (323 CHINQUAPIN AV 0.291 II 2 I 321 206080161 RD-M
331 206080151 RD-M
341 20608013IRD-M
RMH 319 CHINQUAPIN AV 0.39 1 3
RMH 295 CHINQUAPIN AV 0.27 1 2
RMH 234 DATE AV 0.95 2 7
~~ ~~ RMH 1236 OLIVE AV 0.351 1 2
RMH 1315 OLIVE AV I 0.681 II 5 37 -~
38 20609203 R-2
39 20743031 - 33 P-C
I 0.27) 11 2 RMH 1241 OLIVE AV
RMH IBAYSHORE DR 8.221 42 I 65
401 2074361- 291 P-C
41 I 22301 0421RD-M
RMH BRYCE CR 7.32 26 58
RMH 321 1 SELL0 LN 9.61 40 76
RMH BREAKWATER RD 16.41 86 131
RMH 7023 WHITEWATER ST 15.77 112 126
421 21460004,06,08,09(RD-M 431 3.141 RD-M
441 21637002lRD-M
451 21 6370031 RD-M
RMH 7498 VIA DE FORTUNA 3.09 20 24
RMH AVENIDA DE PALAIS 2.63 18 21
RMH 7324 ALTA VISTA 10.24 80 81 I 0.251 1 2
RMH 17404 CARLINA ST 0.291 I1 2
RMH- 17409 BRAVA ST
491 223291441 P-C
501 2232951 21 P-c
RMH 17418 CARLINA ST I 0.31 11 2 , RMH 17515 SOLAN0 ST 0.271 I1 2
Page 1
RMH Underdeveloped Parcels
July 13, 2004
General Rec A-P-N Value
~~ ~ 51 I 223293201 P-c I RMH
521 22320015.16.31,321P-C I RMH
~ 531 223295091 P-c I RMH
541 223295081 P-C I RMH
551 223170191 RD-M-Q IRMH
561 223170181RD-M-Q IRMH
Situs Address
7520 BRAVA ST
CARVALLO CT
7521 SOLANO ST
7523 SOLANO ST
LEVANTE ST
LEVANTE ST
Attachment 5
Gross Acres Units Density
26.39
0.43
0.32 1 2 I I ~
0.761 1 6
0.771 11 61
Page 2
RH Underdeveloped Parcels
July 13, 2004
17
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21
Attach men t 6
20325008 R-3 RH 3155 LINCOLN ST 0.15 1 2
20325109 R-3 RH 3085 OCEAN ST 0.32 2 4
20413217 R-3 RH 362 WALNUT AV 0.58 3 8
20325010 R-3 RH 250 PINE AV 0.18 1 2
20325011 R-3 RH 218 PINE AV 0.19 1 2
61 -155170201R-3 I RH 12685 JEFFERSON ST I 0.221 1 I 3
71 2031 40261 R-3 I RH 12681 OCEAN ST I 0.16) 1 I 2
22
23
24
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26
81 2031 40381 R-3 I RH 12701 OCEAN ST I 0.141 1 I 2
91 2031 40271 R-3 I RH 12729 OCEAN ST I 0.161 1 I 2
20413221 R-3 RH 3286 LINCOLN ST 0.17 1 2
20413112 R-3 RH 3288 GARFIELD ST 0.27 1 4
20413103 R-3 RH 3335 LINCOLN ST 0.5 2 7
20413205 R-3 RH 340 CHESTNUT AV 0.26 1 3
20413206 R-3 RH 330 CHESTNUT AV 0.26 1 3
46
47
48
49
!XI
20423411 R-3 RH 3418 CARLSBAD BL 0.14 1 2
20423320 R-3 RH 167 MAPLE AV 0.14 1 2
20424006 R-3 RH 281 ACACIA AV 0.44 5 6
20424007 R-3 RH 271 ACACIA AV 0.21 2 3
20423316 R-3 RH 129 MAPLE AV 0.15 1 2
~ 41 I 2041 5005) R-3 I RH 13440 GARFIELD ST I 0.161 1 I 2
421 204150061R-3 I RH 13450 GARFIELD ST I 0.151 I I 2
43 20423412 R-3 RH 3406 CARLSBAD BL 0.26 1 3
44 2041 5024 R-3 RH 3460 GARFIELD ST 0.21 2 3
45 20423406 R-3 RH 158 MAPLE AV 0.14 1 2
~
Page 1
RH Underdeveloped Parcels
July 13, 2004
58 20423103 R-3 RH 3543 GARFIELD ST 0.16 1 2
59 20423108 R-3 RH 155 ACACIA AV 0.16 1 2
60 20424053 R-3 RH 330 JUNIPER AV 0.17 1 2
Attachment 6
IC81 204231 031 R-3 I RH 13543GARFlELDST I 0.161 1 I 2 I
A-P-N General A~~~~ Existing Minimum I I Units I Densitv I I Rec I I Zoning I I Site Address
--
59
60
-- -- -- ~
20423108 R-3 RH 155 ACACIA AV 0.16 1 2
20424053 R-3 RH 330 JUNIPER AV 0.17 1 2
__
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71
20423218 R-3 RH 167 CHERRY AV I 0.161 1 I 2
20424039 R-3 RH 330 HEMLOCK AV 1 0.181 1 2
67 20424032 R-3 RH 295 JUNIPER AV 0.24 1 3
68 20424038 R-3 RH HEMLOCK AV 0.19 1 2
69 20424031 R-3 RH 285 JUNIPER AV 0.18 1 2
._
73
74
671 204240321 R-3 1295 JUNIPER AV 0.24 1 3
681 20424038lR-3 I RH HEMLOCK AV 0.19 1 2
AV 0.18 1 2
~
20424040 R-3 RH 320 HEMLOCK AV 0.18 1 2
20427046 R-1 RH 360 REDWOOD AV 0.14 1 2 ..
75
76
I 721 204232031R-3 I RH
20427045 R-1 RH 370 REDWOOD AV 0.181 I I 2
20424044 R-3 RH 246 HEMLOCK AV 0.14 1 2
13655GARFlELDST I 0.151 1 I 2 I
77
78
79
80
81
20427009 R-3 RH 315 HEMLOCK AV 0.16 1 2
20427013 R-1 RH 350 REDWOOD AV 0.15 1 2
20427008 R-3 RH 305 HEMLOCK AV 0.16 1 2
20427031 R-1 RH 391 REDWOOD AV 0.26 1 3
20427014 R-1 RH 330 REDWOOD AV 0.16 1 2
82
83
84
20427007 R-3 RH 285 HEMLOCK AV 0.16 1 2
2042701 5 R-1 RH 320 REDWOOD AV 0.16 1 2
20427006 R-3 RH 265 HEMLOCK AV 0.17 1 2
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88
20427016 R-1 RH 300 REDWOOD AV 0.18 1 2
20427005 R-3 RH 245 HEMLOCK AV 0.16 1 2
20427030 R-1 RH 371 REDWOOD AV 0.2 1 3
20427017 R-1 RH 290 REDWOOD AV 0.18 1 2
891 204270321 R-1 I RH 1390 TAMARACK AV I 0.171 1 I 2
901 204270291R-1 I RH 1351 REDWOOD AV I 0.161 1 I 2
91
92
93
20427004 R-3 RH 3806 GARFIELD ST 0.15 1 2
20427028 R-1 RH 331 REDWOOD AV 0.18 1 2
20427018 R-1 RH 270 REDWOOD AV 0.17 1 2
91
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93
20427004 R-3 RH 3806 GARFIELD ST I 0.151 1 I 2
20427028 R-1 RH 331 REDWOOD AV I 0.181 1 2
20427018 R-1 RH 27
-- ~~ ~ I 1 I 97) 204270341 R-1 RH 1370 TAMARACK AV 0.17 1 2
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95
SI6
I 981 204270261R-1 I RH 1301 REDWOODAV I 0.171 1 I 2 I
20427033 R-1 RH 380 TAMARACK AV 0.16 1 2
20427027 R-1 RH 321 REDWOOD AV 0.18 1 2
20427019 R-1 RH 250 REDWOOD AV 0.17 1 2
--
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Page 2
20427035 R-1 RH 350 TAMARACK AV 0.16 1 2
20602008 RD-M RH 391 TAMARACK AV 0.68 1 10
RH Underdeveloped Parcels
July 13, 2004
Attachment 6
Site Address A~~~~ Existing Minimum I I Units I Densitv I General
Plan
RH
Value I I 101 I 204270251R-1 291 REDWOOD AV
310 TAMARACK AV
3840 GARFIELD ST 0.15
308 TAMARACK AV 2
021 204270361R-1
1031 204270011R-2
RH
RH
1 041 204270371 R-1
1051 204270241R-1
RH
RH
~
271 REDWOOD AV 0.18 1 2
270 TAMARACK AV 0.17 1 2 RH
251 REDWOOD AV I 0.171 1 I 2
260 TAMARACK AV I 0.171 I 2
RH
RH
250 TAMARACK AV I 0.171 I I 2
309 TAMARACK AV I 0.41 5 I 6
RH
RH
234 TAMARACK AV I 0.171 I I 2
3884 GARFIELD ST I 0.141 1 I 2
RH
RH
RH 245 TAMARACK AV 0.22 1 3
330 CHINQUAPIN AV 0.44 4 6
390 CHINQUAPIN AV 0.26 1 3
RH
RH
3912 GARFIELD ST 0.14 1 2
3905 GARFIELD ST 0.14 1 2
3930 GARFIELD ST 0.14 1 2
RH
RH I 1 1 81 206012041 R-2
1 1 91 20601 1 141 R-2
RH
%I 1 GARFIELD ST I 0.141 I 2
250 CHINQUAPIN AV I 0.381 1 I 5
RH
RH 1201 2060201 51 RD-M
1 2 1 I 20601 2051 R-2 3940 GARFIELD ST I 0.141 I 2
3950 GARFIELD ST I 0.141 I I 2
RH
RH I 1221 206012061R-2
151 TAMARACK AV 0.14 1 2
3931 GARFIELD ST 0.14 1 2
3960 GARFIELD ST 0.14 1 2
RH
RH 1241 20601 1121 R-2
1 251 20601 2071 13-2
1261 20601 11 11 RD-M
RH
3941 GARFIELD ST 2
3968 GARFIELD ST I 0.141 1 I 2
RH
RH I 1271 20601208IR-2
1281 20601 1081R-2
1291 20601 2091 RD-M
152 SEQUOIA AV
3978 GARFIELD ST
4016 GARFIELD ST
156 CHINQUAPIN AV 0.14
4529 ADAMS ST 24
RH
RH L 1 301 206080021 R-2
131 I 20601 3231R-3
RH
RH
i RWRM c 1321 206200111R-1-15000
1331 209060571L-C ELCAMINO REAL
5592 EL CAMINO REAL I 1.6 1 1341 209060561L-C
2520NAVARRADR#B I 1.31 18 I 20
NAVARRA DR I 0.891 8 I 13
7505JEREZCT#D I 0.581 6 I 8 I
2324 LACOSTAAV#B I 1.161 15 I 17
2370 LACOSTAAV I 0.641 6 I 9 I E- 7507 GIBRALTAR ST I 1.61 16 I 24
7514 JEREZ CT #C I 0.831 IO I 12 E- 2642 PlRlNEOS WY 0.42 4 6
ROMERIA ST 0.8 11 12
2912 LA COSTA AV 0.34 4 5 I 1441 216300221RD-M I RH
Page 3
EXHIBIT 5 d 0 T e City of Carlsbad Planning Department
A REPORT TO THE PLANNING COMMISSION
0 Item No.
P.C. AGENDA OF: July 21,2004
Application complete date: December 23,2003
Project Planner: Jennifer Coon
Project Engineer: N/A
SUBJECT: GPA 03-13/ZCA 03-02LLCPA 03-12 - RESIDENTIAL GENERAL PLAN
AND ZONING CONSISTENCY AMENDMENTS - Request for a
recommendation to adopt a Negative Declaration and Addendum, and
recommendation of approval of a General Plan Amendment, Zone Code
Amendment and Local Coastal Program Amendment to amend the residential
policies and land use designations in the Land Use Element of the General Plan
and the residential regulations in the Zoning Ordinance to ensure consistency
between the General Plan and Zoning Ordinance; and also to ensure consistency
between City policies and State law.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 5650
RECOMMENDING ADOPTION of a Negative Declaration and Addendum, and ADOPT
Planning Commission Resolutions No. 565 1, 5652, and 5653 RECOMMENDING
APPROVAL of General Plan Amendment GPA 03-13, Zone Code Amendment ZCA 03-02 and
Local Coastal Program Amendment LCPA 03-12, based on the findings contained therein.
11. BACKGROUND
This project was considered by the Planning Commission at a public hearing on June 16, 2004.
After discussion of the project, the Commission voted to continue the item to the July 21, 2004
hearing. Three of the five Commissioners present at the June 16th hearing (two Commissioners
were absent) expressed concerns with staff‘s recommendation to no longer allow density below
the minimum of the density range. Because of these concerns, those Commissioner’s stated they
could not support the proposal. However, rather than vote on the project, the Commission
continued the item to a hearing date when it was likely that a full Commission would be present.
111. ANALYSIS
Staff has not modified it’s original recommendation, and requests that the Commission
recommend approval of the project based upon the analysis, and information contained in the
Report to the Planning Commission, dated June 16,2004 (Attachment 7).
To address some Commissioners’ concerns regarding the recommendation to no longer allow
density below the minimum of the density range, staff has calculated the number of parcels
within the RMH and RH land use designations that are underdeveloped (Le. developed with
fewer units than would be required by the minimum of the density range). Attachments 5 and 6
0 GPA 03- 13/ZCA 12 - RESIDENTIAL GENERAL PLAN AND ZONING
CONSISTENCY AMENDMENTS
July 21,2004
Page 2
list the underdeveloped parcels that are designated either RMH or RH. The following is a
summary of the information:
RMH Parcels
Total number of parcels:
Total number of underdeveloped parcels:
Total number of parcels underdeveloped by more than 1 unit:
Approximately 1100
Approximately 56
Approximately 26
RH Parcels
Total number of parcels:
Total number of underdeveloped parcels:
Total number of parcels underdeveloped by more than 1 unit:
Approximately 660
Approximately 144
Approximately 39
The parcel information is a conservative estimation of the number of underdeveloped parcels.
The calculations are based upon total lot area, which may include areas that are typically
excluded from density calculations (such as slopes over 40%, wetlands, etc.). Therefore, some
of the parcels included in the estimations may not be underdeveloped when the undevelopable
lands are excluded from the density calculation.
The information indicates that approximately 1 1.4% of all properties designated RMH or RH are
underdeveloped, 7.6% are only underdeveloped by 1 unit (i.e. 1 unit below the minimum
required by the density range), and only 3.7% are underdeveloped by more than 1 unit. The
parcels not indicated in the lists of RMH and RH underdeveloped parcels (Attachments 5 & 6)
are either developed at or above the minimum of the density range, are developed with
nonresidential uses, or are vacant.
ATTACHMENTS:
1.
2.
3.
4.
5. RMH Underdeveloped Parcels
6. RH Underdeveloped Parcels
7.
Planning Commission Resolution No. 5650 (Negative Declaration)
Planning Commission Resolution No. 565 1 (GPA)
Planning Commission Resolution No. 5652 (ZCA)
Planning Commission Resolution No. 5653 (LCPA)
Report to the Planning Commission, dated June 16,2004, with attachments
JCbd
RMH Underdeveloped Parcels
July 13, 2004
General Rec A-P-N Value Zoning D,="
Attachment 5
txisring Situs Address Gross Acres Units
-
4
5
6
7
11 1551 80201 R-3 ~RMH (2380 JEFFERSON ST I 0.261 11 2
21 155180231 R-3 I RMH 12386 JEFFERSON ST I 0.481 11 3
I
155251 18 R-3 RMH 2502 JEFFERSON ST 0.26 1 2
15522109 R-1-10000 RLMiRMH 2361 BUENA VISTA CR 1.05 1 8
155251 19 R-3 RMH 2518 JEFFERSON ST 0.28 1 2
15517029 R-3 RMH 2374 BUENA VISTA CR 0.32 1 2
I 31 1551 80311 R-3 IRMH 11100 LAS FLORES DR I 1.111 II SI
14
15
16
20301019 R-3 RMH 2375 RUE DES CHATEAU 2.05 14 16
20302103 R-3 RM H 2469 OCEAN ST 0.25 1 2
2041 1102 R-3 RMH 965 OAK AV 0.43 2 3
81 155271 191 R-3 I RMH 12642 JEFFERSON ST I 0.281 11 2
91 155271201 R-3 I RMH 12644 JEFFERSON ST I 0.281 11 2
-
25
26
101 155223181 R-3 IRMH/O 1624 LAGUNA DR I 0.71) 11 5
111 155223201 R-3 IRMH/O 1658 LAGUNA DR 0.521 21 4
I 1 I I I I
204280151R-1 (RMH 13880 HIBISCUS CR I 0.4 11 4
121 041 P-c I RMH COLLEGE BLVD I 18.24 1351 146
131 203130081R-1 I RMH 1974 HOME AV 0.261 11 2
171 2041 11061R-3 ~RMH 1931 OAK AV I 0.391 21 3
181 2041 1 1 171 R-3 I RMH 1996 PINE AV 0.4 21 3
I 191 204191051R-3 I RMH 13482 HARDING ST I 0.411 21
201 204070091RD-M IRMH/O 13327 TYLER ST I 0.51 31 4 21 I 204280051 RD-M I RMH 1749 MAGNOLIA AV 0.441 21 3
221 204280171R-1 I RMH 1600 TAMARACK AV I 0.381 11 3
231 204280411R-1 IRMH 1546 TAMARACK AV 0.251 11 2
I 241 206120401RDM-Q/Rl IRMH/RLM 11085 CHINQUAPIN AV I 0.44 11 31
206120391RD-M-Q IRMH 11075 CHINQUAPIN AV I 0.381 21
271 2061 20031 RDM-Q I RMH 11065 CHINQUAPIN AV I 0.49( 11 3 281 204280231 R-1 IRMH 1438 TAMARACK AV I 0.381 21 3
Page 1
RMH Underdeveloped Parcels
July 13, 2004
Rec A-P-N Value
Attachment 5
General txisring Zoning Dlgn Situs Address Gross Acres Units
541 223295081P-c IRMH 17523 SOLANO ST
51 I 2232932OlP-c I RMH 17520 BRAVA ST I 0.281 11 2
521 2232001 5.1 6,31,32]P-C I RMH ICARVALLO CT 26.391 1511 21 1
0.321 II 2
55) 22317019lRD-M-Q IRMH I LEVANTE ST I 0.761 11 6 561 2231 701 8lRD-M-Q I RMH I LEVANTE ST 0.771 11 6
Page 2
RH Underdeveloped Parcels
July 13, 2004
A-P-N Zoning General
Value Plan
1 15517025 R-3 RH
2 15517024 R-3 RH
Attachment 6
Site Address A~~~~ Existing Minimum Units Density
2637 JEFFERSON ST 0.26 2 3
2647 JEFFERSON ST 0.34 I 5
5
6
7
~~ 31 1551 70221 R-3 RH 12665 JEFFERSON ST I 0.181 1 I 2
41 155170211R-3 I RH (2677 JEFFERSON ST I 0.171 I I 2
15517019 R-3 RH 774 LAGUNA DR 0.15 1 2
15517020 R-3 RH 2685 JEFFERSON ST 0.22 1 3
20314026 R-3 RH 2681 OCEAN ST 0.16 1 2
8
9
IO
11
I -
20314038 R-3 RH 2701 OCEAN ST 0.14 1 2
20314027 R-3 RH 2729 OCEAN ST 0.16 1 2
20323501 R-3 RH 2751 OCEAN ST 0.17 1 2
20326005 R-3 RH 341 OAK AV 0.36 4 5
12
13
14
20326004 R-3 RH 335 OAK AV 0.36 1 5
20325101 R-3 RH 3001 OCEAN ST 0.2 2 3
20325103 R-3 RH 301 5 OCEAN ST 0.3 2 A
191 204132171R-3 I RH I362 WALNUT AV I 0.581 3 I 8
201 203250101 R-3 I RH 1250 PINE AV I 0.18l 1 I 2
15
16
17
18
-
20326003 R-3 RH 3140 LINCOLN ST 0.17 1 2
20325106 R-3 RH 3053 OCEAN ST 0.37 2 5
20325008 R-3 RH 3155 LINCOLN ST 0.15 1 2
20325109 R-3 RH 3085 OCEAN ST 0.32 2 4
21
22
23
24
25
2032501 1 R-3 RH 218 PINE AV 0.19 1 2
20413221 R-3 RH 3286 LINCOLN ST 0.17 I 2
20413112 R-3 RH 3288 GARFIELD ST 0.27 1 4
20413103 R-3 RH 3335 LINCOLN ST 0.5 2 7
20413205 R-3 RH 340 CHESTNUT AV 0.26 1 3
~ 341 204150171R3 IRH 1346 ACACIA AV I 0.311 2 I 4 351 204150031R-3 I RH 13416 GARFIELD ST I 0.311 1 I 4
26
27
28
29
30
431 2042341 21 R-3 I RH 13406 CARLSBAD BL I 0.261 1 I 3
441 204150241 R-3 I RH 13460 GARFIELD ST I 0.211 2 I 3
20413206 R-3 RH 330 CHESTNUT AV 0.26 1 3
20413207 R-3 RH 3360 LINCOLN ST ' 0.17 1 2
20413208 R-3 RH 3364 LINCOLN ST 0.16 1 2
20413209 R-3 RH 3390 LINCOLN ST 0.15 1 2
20413107 R-3 RH 3375 LINCOLN ST 0.14 1 2
31
32
33
481 204240061R-3 RH 1281 ACACIA AV I 0.441 5 I 6
491 204240071 R-3 I RH 1271 ACACIA AV I 0.211 2 I 3
20415034 R-3 RH 331 CHESTNUT AV 0.52 6 7
20413109 R-3 RH 3388 GARFIELD ST 0.16 1 2
20415016 R-3 RH 354 ACACIA AV 0.61 8 9
I 501 204233161R-3 I RH 11 29 MAPLE AV I 0.151 1 I 2
Page 1
45
46
47
20423406 R-3 RH 158 MAPLE AV 0.14 1 2
20423411 R-3 RH 3418 CARLSBAD BL 0.14 1 2
20423320 R-3 RH 167 MAPLE AV 0.14 1 2
RH Underdeveloped Parcels
July 13, 2004
A~~~~ Site Address A-P-N General Zoning Value Plan
51 20424008 R-3 RH 245 ACACIA AV 0.2
52 20423309 R-3 RH 122 ACACIA AV 0.14
Attachment 6
Existing Minimum
Units Density
2 3
1 2
64
65
66
67
68
20423107 R-3 RH 160 CHERRY AV 0.16 1 2
20424018 R-3 RH 3654 GARFIELD ST 0.14 1 2
20423201 R-3 RH 187 CHERRY AV 0.21 2 3
20424032 R-3 RH 295 JUNIPER AV 0.24 1 3
20424038 R-3 RH HEMLOCK AV 0.19 1 2
69
70
71
72
73
20424031 R-3 RH 285 JUNIPER AV 0.18 1 2
20423218 R-3 RH 167 CHERRY AV 0.16 1 2
20424039 R-3 RH 330 HEMLOCK AV 0.18 1 2
20423203 R-3 RH 3655 GARFIELD ST 0.15 1 2
20424040 R-3 RH 320 HEMLOCK AV 0.18 1 2
791 204270081 R-3 1 RH 1305 HEMLOCK AV I 0.161 1 I 2
801 204270311 R-1 I RH 1391 REDWOOD AV I 0.261 I I 3
74
75
76
77
78
20427046 R-1 RH 360 REDWOOD AV 0.14 1 2
20427045 R-1 RH 370 REDWOOD AV 0.18 1 2
20424044 R-3 RH 246 HEMLOCK AV 0.14 1 2
20427009 R-3 RH 315 HEMLOCK AV 0.16 1 2
20427013 R-1 RH 350 REDWOOD AV 0.15 1 2
861 204270051 R-3 I RH 1245 HEMLOCK AV I 0.161 I I 2
871 204270301 R-1 I RH 1371 REDWOOD AV I 0.21 1 I 3
81
82
83
84
85
20427014 R-1 RH 330 REDWOOD AV 0.16 1 2
20427007 R-3 RH 285 HEMLOCK AV 0.16 1 2
20427015 R-1 RH 320 REDWOOD AV 0.16 1 2
20427006 R-3 RH 265 HEMLOCK AV 0.17 1 2
20427016 R-1 RH 300 REDWOOD AV 0.18 1 2
88
89
90
91
92
961 204270191R-I I RH 1250 REDWOOD AV I 0.14 11 2 971 204270341R-1 I RH 1370 TAMARACK AV I 0.171 I I 2
20427017 R-1 RH 290 REDWOOD AV 0.18 1 2
20427032 R-1 RH 390 TAMARACK AV 0.17 1 2
20427029 R-1 RH 351 REDWOOD AV 0.16 1 2
20427004 R-3 RH 3806 GARFIELD ST 0.15 1 2
20427028 R-1 RH 331 REDWOOD AV 0.18 1 2
93
94
95
Page 2
20427018 R-1 RH 270 REDWOOD AV 0.17 1 2
20427033 R-1 RH 380 TAMARACK AV 0.16 1 2
20427027 R-1 RH 321 REDWOOD AV 0.18 1 2
If 7
98
99
100
20427026 R-1 RH 301 REDWOOD AV 0.17 1 2
20427035 R-1 RH 350 TAMARACK AV 0.16 1 2
20602008 RD-M RH 391 TAMARACK AV 0.68 1 10
RH Underdeveloped Parcels
July 13, 2004
A-P-N Zoning General Site Address Value Plan
101 20427025 R-1 RH 291 REDWOOD AV
Attachment 6
A~~~~ Existing
Units
0.17 1
104
I06
105
Minimum
Density
2
20427037 R-1 RH 308 TAMARACK AV 0.17 1
20427038 R-1 RH 270 TAMARACK AV 0.17 1
20427024 R-1 RH 271 REDWOOD AV 0.18 1
109
110
111
20427040 R-1 RH 250 TAMARACK AV 0.17 I
20602005RD-M RH 309 TAMARACK AV 0.4 5
20427041 R-1 RH 234 TAMARACK AV 0.17 1
1 121 204270421R-2 RH 13884 GARFIELD ST I 0.141 1
1 18
119
120
20601204 R-2 RH 3930 GARFIELD ST 0.14 1
20601114 R-2 RH 391 1 GARFIELD ST 0.14 1
20602015 RD-M RH 250 CHINQUAPIN AV 0.38 1
123
124
125
20601118 R-3 RH 151 TAMARACK AV 0.14 1
20601112 R-2 RH 3931 GARFIELD ST 0.14 1
20601207 R-2 RH 3960 GARFIELD ST 0.14 1
13C
131
132
132
134
135
13E
137
13E
13s
14C
141
142
142
144
-
-
-
- -
I 1021 204270361R-1 I RH 1310TAMARACKAV I 0.161 1 2
2
~ I I I I I 1031 204270011R-2 RH 13840 GARFIELD ST 0.15 1
RH 1251 REDWOOD AV I 0.171 1
1 081 204270391 R-1 I RH I260 TAMARACK AV I 0.171 1
2
2
2
6
2
2
3
1 141 2060201 1IR-1 I RH 1330 CHINQUAPIN AV I 0.441 4
1 1 51 206020241 R-1 I RH 1390 CHINQUAPIN AV I 0.261 I
6
3
1 1 61 20601 2021 RD-M IRH 13912 GARFIELD ST I 0.141 I
1171 206011151R-2 I RH 13905 GARFIELD ST I 0.141 1
2
2
2
2
5
I 1?11 206012051R-2 I RH 13940GARFlELDST 1 0.141 1 2
2
~ I I I I I 1 221 20601 2061 R-2 RH 13950 GARFIELD ST 0.14 1
2
2
2
61 2060iiii1~~-~ IRH 13941 GARFIELD ST I 0.141 I
1271 20601208IR-2 I RH 13968 GARFIELD ST I 0.141 1
2
2
1281 20601 1081R-2 I RH 1152 SEQUOIA AV I 0.141 I
1291 206012091RD-M IRH 13978 GARFIELD ST I 0.141 1
2
2
206080021 R-2 I RH 14016GARFlELDST I 0.14 1 2
20601 323 R-3 I RH
2062001 I)R-1-15000 IRH/RM
156 CHINQUAPIN AV I 0.141 1
4529 ADAMS ST I 1.611 I
2
24
20906051 L-C I RWCIO
209060561 L-C I RWC/O 1 EL CAMINO REAL I 1.69
5592 EL CAMINO REAL I 1.65
25
24
2161 70561 RD-M I RH
216170571RD-M IRH
2520 NAVARRA DR#B 1 1.371 18 20
13
8
17
9
I .-
NAVARRA DR I 0.84 8
216290331 RD-M IRH 7505JEREZCT#D 1 0.581 5 I I
21 631 0141 RD-M IRH 2%4LACOSTAAV#B I 1.161 15
2370 LA COSTA AV I 0.641 6 216310151RD-M IRH
216290391RD-M IRH
216290371RD-M IRH
7507 GIBRALTAR ST I 1.61 16
7514 JEREZ CT #C I 0.831 IO
24
12
21620014iRD-M 1::
21629046 RD-M
21 630022 RD-M
2642 PlRlNEOS WY
ROMERIA ST
291 2 LA COSTA AV 0.34
6
12
5
Page 3
e of Carlsbad PI-g Department
A REPORT TO THE PLANNING COMMISSION
P.C. AGENDA OF: June 16,2004
Application complete date: December 23,2003
Project Planner: Jennifer Coon
Project Engineer: N/A
SUBJECT: GPA 03-13/ZCA 03-02LCPA 03-12 - RESIDENTIAL GENERAL PLAN
AND ZONING CONSISTENCY AMENDMENTS - Request for a
recommendation to adopt a Negative Declaration and Addendum, and
recommendation of approval of a General Plan Amendment, Zone Code
Amendment and Local Coastal Program Amendment to amend the residential
policies and land use designations in the Land Use Element of the General Plan
and the residential regulations in the Zoning Ordinance to ensure consistency
between the General Plan and Zoning Ordinance; and also to ensure consistency
between City policies and State law.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 5650
RECOMMENDING ADOPTION of a Negative Declaration and Addendum, and ADOPT
Planning Commission Resolutions No. 5651, 5652, and 5653 RECOMMENDING
APPROVAL of General Plan Amendment GPA 03-13, Zone Code Amendment ZCA 03-02 and
Local Coastal Program Amendment LCPA 03-12, based on the findings contained therein.
11. INTRODUCTION
The proposed residential amendments are part of a larger, City-initiated project called the
“General PldZoning Consistency Program” (GPZCP). The GPZCP is a multi-part project
aimed at achieving consistency between the General Plan and Zoning Ordinance. There are
several components of the GPZCP, one of which is to determine the zone classification that is
intended to implement each of the general plan land use designations. In doing this analysis,
staff has identified several amendments that are necessary to both the General Plan and Zoning
Ordinance to achieve consistency between the land use designations and zone classifications.
The proposed residential amendments are focused only on the residential General Plan land use
provisions and Zoning Ordinance regulations. Amendments for consistency between the non-
residential land use designations and zones will be brought forward as separate proposals at a
later date. 6
With regard to the proposed Local Coastal Program (LCP) Amendment, the Zoning Ordinance is
the implementing ordinance for the LCP; therefore, a LCP amendment is necessary. However,
no portion of the LCP land use plan document is being amended.
0 GPA 03-13/ZCA - RESIDENTIAL GENERAL PLAN AND ZONING
3
4
CONSISTENCY AMENDMENTS
June 16,2004
Incorporate the provisions of Government Code -Section 65863, which restricts the City’s
ability to reduce residential densities below the density utilized to determine compliance
with housing element law.
Add finding #3 from Municipal Code Section 21.90.045 to the General Plan Land Use
element section that lists the findings required to exceed the Growth Management Control
Point densi tv.
Pane 2
1
2
3
4
5
111. PROJECT DESCRIPTION AND BACKGROUND
Reformat residential zone chapters to list all permitted and conditionally permitted uses; and
amend or delete some permitted uses for consistency with the General Plan.
Clarify which land use designation each zone is intended to implement.
Modify residential standards to ensure consistency with General Plan policies (ex. amend
the minimum lot area in certain zones to ensure the zone can implement the General Plan
density requirements).
Amend the Planned Development (PD) regulations to allow a PD in the R-1 Zone when a
site contains sensitive habitat; and amend the PD regulations to no longer allow “small-lot
single-family” development in the RH land use designation.
Other miscellaneous text amendments for consistencv mmoses.
Project Description
The project consists of an amendment to the residential policies and land use designations in the
General Plan and the residential regulations in the Zoning Ordinance. The purpose of the
proposed amendments is to ensure consistency between the General Plan and Zoning Ordinance;
and also to ensure consistency between City policies and State law. The proposed amendments
include the following:
TABLE A
GENERAL PLAN AMENDMENT I Specify that residential density shall not be permitted below the low end of the density
range; except that a provision will be added to allow a one-family dwelling on any existing
residential lot. regardless of densitv.
Clarify the intent and purpose of each residential land use designation, which includes a
proposal to allow dwelling types other than one-family dwellings, subject to a planned
development permit, in the RL and RLM land use designations on sites that contain
sensitive habitat.
Background
The proposed amendments were initiated as part of the GPZCP to ensure consistency between
the residential policies in the General Plan and the residential regulations in the Zoning
Ordinance. In addition, some of the proposed amendments are intended to ensure consistency
between City policies and State law. In particular, the provisions of Govemment Code Section
65863 are proposed to be incorporated into the General Plan. Government Code Section 65863
0 GPA 03-131ZCA 03-02/LCP - RESIDENTIAL GENERAL PLAN AND ZONING
CONSISTENCY AMENDMENTS
June 16,2004
Page 3
was created through AB 2292, which became effective January 1, 2003; and was amended by
AB 1192, which became effective February 21, 2004. Government Code Section 65863
establishes limitations on the City’s ability to approve residential densities below the density
used to demonstrate that the General Plan Housing Element is consistent with housing element
law.
Prior to scheduling the proposed residential amendments for public hearing, staff met with the
Chamber of Commerce to share information on the overall GPZCP project. The Chamber of
Commerce formed a committee to review any amendments resulting from the GPZCP. Staff met
with the committee on February 19, 2004 to explain the proposed residential amendments, and
also gave a presentation to the Chamber members on April 1,2004. As of the date of this report,
the Chamber has provided one comment in regard to the proposal to allow clustered development
on sites with sensitive habitat in the RL and RLM land use designations (more information
contained in the “analysis” section below). Staff will be coordinating with the Chamber
committee on all fbture GPZCP amendments.
I
IV. ANALYSIS
The proposed project is subject to the following plans, ordinances and standards as analyzed
within the following section of this staff report:
A. General Plan;
B. Zoning Ordinance; and
C. Local Coastal Program.
A. General Plan Amendment
1. No longer allow density below the minimum of the density ranpe. -
The primary amendment being proposed to the General Plan is to no longer allow residential
density below the low end of the density range. However, staff proposes to add a provision to
allow a one-family dwelling on any existing residential lot, regardless of density. The General
Plan currently includes the following statement:
If the City approves a project below the minimum of the density range, the project
is still considered to be consistent with the General Plan.
Staff is recommending that this provision be eliminated and replaced with a statement that does
not allow density below the minimum of the density range. This recommendation is based on
several reasons, as follows:
a. General Plan implementatiodconsistency. When a project is approved at a
density below the minimum of the density range the General Plan land use
designation is not being implemented, and the project is technically not consistent
with the designation.
m 0 GPA 03-13IZCA 03-02LCP 3-12 -RESIDENTIAL GENERAL PLAN AND ZONING
CONSISTENCY AMENDMENTS
June 16,2004
Pane 4
The General Plan has five residential land use designations, as follows:
e
e
e
e
e
RL (low density) 0 - 1.5 ddac
RLM (low-medium density) 0 - 4 ddac
RM (medium density) 4 - 8 ddac
RMH (medium-high density) 8 - 15 ddac
RH (high density) 15 - 23 ddac
The proposal to not allow density below the minimum of the density range would
only effect the three designations that have an established minimum density (RM,
RMH & RH). The density ranges were established to ensure the type and
intensity of development intended for each designation.
To describe the difference between each residential land use designation, a
comparison between the RM and RMH designations is similar to a comparison
between the L (Local Shopping Center) designation and the R (Regional
Commercial) designation. Both the L and R designations allow commercial land
use, but each allows for a different type and intensity of commercial uses.
Like the L and R designations, each residential land use designation is a different
land use category; and the density range is the primary tool with which we
differentiate between each land use category. Allowing density below the
minimum of the density range is equivalent to allowing a neighborhood shopping
center on land that is intended for a more intensive regional commercial use,
which is not something the City would allow without a general plan amendment
to change the land use designation. The same should apply to the residential
designations.
b. State law compliance. In addition to the reason stated above, no longer allowing
density below the minimum of the density range will assist the City in complying
with State housing law. As mentioned in the project “background”, above,
Government Code Section 65863 was established in January 2003, which states
that the City shall not approve residential density below the density used to
demonstrate compliance with housing element law, unless it is found that the
remaining residential sites in the City are adequate to accommodate the City’s
share of the regional housing need, or additional sites are identified with equal or
greater density.
For the current Housing Element, the Growth Control Point (GCP) density was
used to demonstrate compliance with housing element law. Therefore, the City is
required to make the findings specified in Government Code Section 65863 for
any project proposed below the GCP density. If a project is proposed below the
minimum of the density range, it becomes more difficult to make the required
findings.
0 GPA 03-13/ZCA - RESIDENTIAL GENERAL PLAN AND ZONING
CONSISTENCY AMENDMENTS
June 16,2004
Also, each time the City approves a density below the minimum of the density
range, or even the GCP density, the burden to provide those units gets transferred
to the remaining residential sites in the City. As sites develop there become fewer
and fewer sites to accommodate the number of units the City is required to
accommodate by housing element law (regional share). Therefore, if the City
continues to approve development below the minimum density there may come a
point in time when the remaining sites are not adequate to accommodate the
City’s share of the regional housing need.
The City is required by State law to accommodate its designated share of the
regional housing need. No longer allowing density below the minimum of the
density range will assist the City in meeting this requirement. Part of the City’s
obligation to accommodate its share of the regional housing need includes
providing a minimum number of housing units affordable to very low, low and
moderate-income households.
When certifying the City’s Housing Element (staff is currently preparing the next
Housing Element update), the State considers the amount of land designated in
each designation when determining whether or not the City can provide its share
of the regional housing need. Therefore, implementing the densities established
for each designation is essential if the City is to meet its housing goals.
In terms of providing affordable housing, the State will consider the amount of
land designated at a high density when determining if the City can provide
adequate affordable housing. The City has very little land designated RH, which
means there are a limited number of sites where the City can demonstrate to the
State that it can provide the required number of affordable housing units. Table C
below indicates the approximate number of undeveloped acres in each residential
land use category and the potential unit yield based on the minimum, GCP and
maximum densities.
TABLE C
UNDEVELOPED RESIDENTIAL LAND AND POTENTIAL DENSITY UNDEVELOPED RESIDENTIAL LAND AND POTENTIAL DENSITY
An”..” 01 ab- Unit Yields
%of atGCP %of atmax. %of
UGIUIL~ total density total density total
121 6.4% 0 0.0% 121 1.4% 182 1.7% RL (0-1.5)
GCP = 1.0 ddac
I I I I I I I I
I I I I TOTALS I 1.882 100% I 2.748 100% I 8.340 100%0 I 10.640 100% I
/a -3
GPA 03-13/ZCA - RESIDENTIAL GENERAL AND ZONING
CONSISTENCY AMENDMENTS
June 16,2004
Page 6
With the exception of the RH designation, the figures in Table C do not include
properties that have a combination designation (ex. FUWOS). Adding the
acreage for properties with a combination designation would add about 1,000
acres to the total acreage figure. However, for the RH designation only, the chart
reflects the estimate for all RH land, whether combined with another designation
or not. The total acreage for properties designated RH only (no other
combination) is estimated at 16 acres. To help visualize the amount and location
of land in the City designated RH (City’s highest density range), as well as RMH
(second highest density range), Attachments 7 and 8 are maps showing the parcels
designated RMH and RH (developed and undeveloped).
Implementing the established density range of each residential land use
designation is important to achieve the City’s housing goals, including
compliance with State housing laws.
Another source of information supporting staffs recommendation to no longer allow density
below the minimum of the density range is a letter from the Fair Housing Resources Board, in
which they identified policies and regulations in the City’s General Plan and Zoning Ordinance
that could be considered impediments to “fair housing choice.” Two of the impediments
identified pertained to the City’s current density provisions, as follows:
e The current provision to allow density below the minimum of the density range
was identified as an impediment to compliance with Government Code Section
65863, which is intended to prevent higher density designations from being
“downsized” to a lower density.
e The density ranges of the residential land use designations were identified as
having “very low or no minimum density requirements,” which is considered an
impediment because it “could lead to development of single-family detached
homes on land intended for multi-family development and limit housing choice
and options in Carlsbad.”
Staff understands that one of the reasons for establishing the current provision to allow density
below the minimum of the density range was to allow a property owner the right to build one
dwelling on their property as a minimum development right. Staff agrees with this, and proposes
to add a provision to the General Plan and Zoning Ordinance that would allow a one-family
dwelling on any existing lot, regardless of density. However, when someone proposes to
subdivide land or build more than one dwelling they will be required to comply with the density
and intended use (i.e., one-family, two-family or multiple-family) of the underlying land use
designation.
2. Clarify the intent and purpose of each residential land use desimation.
Another proposed amendment to the General Plan includes clarifying the intent and purpose of
each residential land use designation. This involves clarifying what type of residential
development is intended in each designation, and using terminology that is consistent with the
GPA 03-13/ZCA 3-12 - RESIDENTIAL GENERAL P t AN AND ZONING
LAND USE
DESIGNATION
RL (0 - 1.5 ddac)
CONSISTENCY AMENDMENTS
June 16,2004
INTENDED LAND USE
One-family dwellings
(when a site contains sensitive biological resources, other dwelling types may be
Zoning Ordinance when referring to residential uses (Le., one-family, two-family or multiple-
family).
RLM (0 - 4 ddac)
Currently the residential land use designations use terminology such as “town homes,”
“duplexes,” “triplexes,” “small-lot single-family,” “low density apartments,” “one and two-story
condominiums,” or “two and three story condominiums or apartments.” Most of these terms are
not consistent with those used in the Zoning Ordinance. To ensure consistency between the
General Plan and Zoning Ordinance, and to make it clear what “land use” is intended for each
designation, staff is proposing the terms “one-family,” “two-family” and “multiple-family” be
the only terms used to describe residential land use. These terms are defined and are the primary
terms used in the Zoning Ordinance when referring to residential land uses.
permitted with a planned development permit, subject to the density range)
One-family dwellings
The intended land use of each residential land use designation is proposed as follows:
RMH (8 - 15 ddac)
RH (15 - 23 ddac)
One-family dwellings (when developed as-two or more detached units on one lot
or on small individual lots with a planned development permit)
Two-family, Multiple-family and
One-family dwellings (when developed as two or more detached units on one lot)
. I (when a site contains sensitive biological resources, other dwelling types may be
The proposal to allow dwelling types other than one-family dwellings with a planned
development permit in the RL and RLM designations is to allow clustering of residential
development outside areas constrained by sensitive biological resources, as identified in the
City’s Habitat Management Plan (HMP). With the adoption of the HMP, the developable area of
several properties was reduced to 25% of the total lot area. To protect the habitat areas and
provide property owners the opportunity to achieve the density potential on their land, staff is
recommending on those constrained sites, including those designated for single-family
development, that residential units be allowed to be clustered outside the habitat areas. A
planned development permit in these areas would allow clustered development of one-family,
two-family and multiple-family dwellings, which will help to achieve the density potential on
lots severely constrained by habitat.
Bob Ladwig, representing the Chamber of Commerce committee that reviewed the proposed
amendments, commented on this proposal and asked why staff was not proposing to allow
clustered development on sites in the RL and RLM designations that do not contain habitat. Mr.
Ladwig suggested this might create inconsistent development on adjacent properties where both
GPA 03-13/ZCA 03-02KCP 3-12 -RESIDENTIAL GENERAL AND ZONING
CONSISTENCY AMENDMENTS
June 16,2004
are designated RL or RLM, but one has habitat and the other site does not. In this scenario the
property with habitat would be able to develop clustered homes on the property, but the adjacent
site with no habitat would be denied the same opportunity.
Staffs response to Mr. Ladwig’s comment was that the proposal to allow clustered development
in the RL and RLM designations is to provide some development flexibility on sites that are
constrained by habitat in order to achieve the density potential of the site. Without the flexibility
to do clustered development, sites constrained by habitat would be subject to severe reduction to
their development potential. Habitat-constrained sites have a development limitation (hardship)
that sites without habitat do not. Sites without habitat in the RL and RLM designation have the
opportunity to achieve the density potential with a standard single-family development, which is
the primary intended use of the RL and RLM designations.
With regard to the uses proposed in the RMH and RH designations, the primary intended use of
these designations is two-family and multiple-family dwellings. However, staff is
recommending that one-family dwellings also be permitted when developed as two or more units
on one lot, subject to the density range. This would allow for the development of more than one
dwelling on a lot, but not require them to be attached. So long as the required density can be
achieved, staff recommends the City provide the flexibility to allow detached units on a lot. A
one-family dwelling is defined as a detached building designed for occupancy by one family.
Therefore, a one-family dwelling, by definition, refers to a type of structure, and does not
necessarily mean one dwelling per lot (single-family subdivision).
The density of the RH designation cannot be achieved with detached units on individual lots
because of the City’s minimum lot area requirements; however, if the density can be achieved
with detached units on one lot, then there should be flexibility to allow it. In the RMH
designation, one-family dwellings on small-lots, as currently permitted with a Planned
Development Permit, could achieve the density of the designation. Therefore, one-family
dwellings on “small” individual lots are proposed for the RMH designation with a Planned
Development Permit. The Planned Development regulations in the Zoning Ordinance currently
allow for small-lot subdivisions in the RMH and RH designations. However, as discussed in the
Zoning Ordinance amendment section, below, staff is recommending small-lot subdivisions no
longer be allowed in the RH designation, due to the inability to achieve the minimum density.
3. Incorporate the provisions of Government Code Section 65863.
In addition to the amendments discussed above, staff proposes to incorporate the provisions of
Government Code Section 65863 into the General Plan. As stated above, Government Code
Section 65863 limits the City’s ability to approve residential density below the density used to
demonstrate compliance with housing element law, and specifies findings required of the City to
approve a project below that density. To ensure the City is consistent with the provisions of this
law, it is recommended that it be incorporated into the General Plan.
4. Add finding #3 fiom Municipal Code Section 21.90.045.
The last amendment proposed to the General Plan is to add finding number 3 fiom Municipal
Code Section 21.90.045 (Growth Management chapter of the Zoning Ordinance). Section
GPA 03-13/ZCA 3-12 -RESIDENTIAL GENERAL P % AND ZONING
CONSISTENCY AMENDMENTS
June 16,2004
Page 9
21.90.045 establishes the Growth Management Control Point (GMCP) and specifies the findings
required to approve density above the GMCP, which consist of three findings. The General Plan
also lists the findings to approve density above the GMCP; however, the General Plan only lists
two findings. The third finding, which pertains to the construction of public facilities
concurrently with development, is not listed in the General Plan by error. Staff recommends the
third finding be added to the General Plan to ensure consistency with the Zoning Ordinance.
B. Zoning Ordinance Amendment
Several amendments are proposed to each residential zone chapter to ensure the zones implement
and are consistent with the residential land use designations. To determine what amendments
would be necessary to achieve consistency between the General Plan and Zoning Ordinance,
staff had to determine what land use designation each zone is intended to implement. Table E,
below, indicates each residential land use designation and the zones intended to implement them.
Intended residential land uses for each designation and zone are also indicated.
RESIl
GENERAL PLAN
RL
(0-1.5 ddac)
RLM
(0-4 ddac)
RM
(4-8 ddac)
RMH
(8-15 ddac)
ENTIAL LAND I-
MPLEMENTING
ZONES
R- 1
R-A
PC*
RMHP**
R- 1
R-A
PC*
RMHP* *
R- 1
R-2
RD-M PC*
RMHP**
R-3
RD-M PC*
RMHP**
R-P
TABLE E
;E DESIGNATIONS AND IMPLEMENTING ZONES
LAND USE
One-family dwellings
Second dwelling units permitted as accessory to one-family dwellings
When a site contains sensitive habitat, other dwelling types may
be permitted with a planned development permit, subject to the
density range.
One-family dwellings
Second dwelling units permitted as accessory to one-family
dwellings
When a site contains sensitive habitat, other dwelling types may
be permitted with a planned development permit, subject to the density range.
One-family dwellings
Two-family dwellings
Multiple-family dwellings
Second dwelling units permitted as accessory to one-family
dwellings
Two-family dwellings
Multiple-family dwellings
One-family dwellings (when developed as two or more detached units on one lot or on small individual lots with a planned development permit)
note: a single one-family dwelling shall be permitted on any
residential lot that existed as of the effective date of the ordinance.
Second dwelling units permitted as accessory to one-family dwellings
0 GPA 03-13IZCA 03-02LCPA 03-12 -RESIDENTIAL GENERAL AND ZONING
8
9
CONSISTENCY AMENDMENTS
June 16,2004
Create a new section for “home occupations” standards.
Reduce the minimum lot area to 6,000 square feet when the R-1 zone implements the RM
RESIDENTIAL LAND USE I
RD-M
10
R-W
R-P
PC*
RH
(15-23 ddac)
land use designation. Also, clarify that the minimum lot area in the R-1 zone when it
implements the RL land use designation is one-half acre.
Delete “minimum lot area per dwelling” section.
1 WP** I
TABLE E
3SIGNATIONS AND IMPLEMENTING ZONES, continued
Two-family dwellings
Multiple-family dwellings
One-family dwellings (when developed as two or more detached
units on one lot)
note: a single one-family dwelling shall be permitted on any residential lot that existed as of the effective date of the ordinance.
Second dwelling units permitted as accessory to one-family I dwellings * The PC (Planned Community) zone is a zone that implements all land use designations
because it requires the approval of a master plan, which establishes a development plan for
an area in accordance with the underlying land use designations. ** The RMHP (Residential Mobile Home Park) zone implements all residential land use
designations, as per Government Code Section 65852.7, which states that a mobile home
park shall be permitted on all land planned for residential use.
Once it was determined what zones implement each residential land use designation, staff
analyzed the zoning regulations in each zone chapter to identify the necessary changes to ensure
the zone was consistent with and implemented the respective land use designation. The
proposed amendments are summarized in Table F, below. Further discussiodanalysis of each
proposed amendment is provided in Attachment 5.
TABLE F
SUMMARY OF ZONING ORDINANCE AMENDMENTS
I I
/a 8
0 GPA 03-13/ZCA 03-02/LCPA 03-12 - RESIDENTIAL GENERAL AND ZONING
13
CONSISTENCY AMENDMENTS
June 16,2004
Page 11
zoned lot that existed prior to December 1986.
Delete “minimum lot area Der dwelling” section.
-
TABLE F, continued
SUMMARY OF ZONING ORDINANCE AMENDMENTS
14
R-2 ZONE
One-family dwellings (on individual lots) are proposed to no longer be permitted in the
R-3 zone; however, a provision will be added to allow a one-family dwelling on a lot that
11
12 - Reduce the minimum lot area to 6,000 square feet for one-family dwellings.
Add the language from the General Plan that allows a two-family dwelling on any R-2
I existed as of the effective date of the ordinance approving this amendment. -
RD-M ZONE
15
16
17
18 -
Clarify that one-family dwellings on individual lots are only permitted when RD-M
implements the RM land use designation; and detached one-family dwellings on one lot
are permitted when RD-M implements RMH or RH. Also, add a provision to allow a one-
family dwelling on a lot in the RMH or RH designations that existed as of the effective
date of the ordinance approving this amendment.
Reduce the minimum lot area to 6,000 square feet for one-family dwellings when the RD-
M zone implements the RM land use designation. Also, eliminate the 7,500 square foot
minimum lot area required in the low medium density (RLM).
Eliminate the minimum lot coverage requirement when RD-M implements RLM.
Eliminate the “dwelling units per lot” section.
R-W ZONE
19 Change the term “dwellings” in the permitted uses section to “two-family” and “multiple-
family” dwellings, with a provision for a one-family dwelling on an existing lot or as two
or more detached dwellings on one lot.
R-P ZONE
Clarify that when the R-P zone is used to implement the 0 (office) land use designation
only offce/professional uses are permitted; and when R-P is used to implement a
residential land use designation (RMH or RH) only residential uses are permitted.
In reference to the list of uses permitted when the R-P zone implements the 0 designation,
a statement is proposed to be added that clarifies, as follows:
‘2 use category may be general in nature, where more than one particular use fits into the
general category (ex. in some commercial zones “offices” is a general use category that
applies to various ofice uses). However, fa particular use is permitted by conditional
use permit in any zone, the use shall not be permitted in a zone (even under a general use
category), unless it is specifically listed in the zone as permitted or conditionally
permitted. ”
Clarify in the “intent and purpose” section that the RMHP zone can implement all
RMHP ZONE
-~ residential land use designations.
PLANNED DEVELOPMENTS CHAPTER
23 I Add provisions in the planned development chapter to allow “small lot subdivisions, two-
family and multiple-family dwellings” on R- 1 zoned properties that contain sensitive
biological resources as identified in the City’s Habitat Management Plan (HMP).
GPA 03-13IZCA 03-02/LCPA e 03-12 - RESIDENTIAL GENERAL P a N AND ZONING
24
25 -
CONSISTENCY AMENDMENTS
June 16,2004
Delete the “R”’ land use designation from areas where a small lot subdivision would be
allowed.
Add the RW zone to Table A (Demitted residential uses).
TABLE F, continued
SUMMARY OF ZONING ORDINANCE AMENDMENTS
In addition to the zones being amended (summarized above), there are two other residential
zones not being amended at this time, which are the R-E (Residential Estate) zone and R-T
(Residential Tourist) zone. Staff has determined that these two zones can be eliminated, due to
the fact that they are applied to very few properties and can be replaced with another similar
zone. Because elimination of these zones involves zone changes on individual properties to
establish another appropriate zone, the zone changes and Zoning Ordinance amendment will be
processed separately from the amendments summarized above. Staff anticipates bringing the
proposal before the Planning Commission during FY 2004/2005.
C. General Plan, Zoning Ordinance, Local Coastal Program consistency
The purpose of the proposed General Plan, Zone Code and Local Coastal Program Amendments
is to ensure consistency between the residential land use policies in the General Plan and the
zoning regulations in the Zoning Ordinance. The proposed amendments will not result in any
inconsistencies with the other policies of the General Plan, or the provisions of the Zoning
Ordinance and Local Coastal Program not being amended. The proposed amendments will
correct existing inconsistencies.
The proposed amendments will assist in achieving some of the goals and objectives of the
General Plan. For example, requiring housing development to be consistent with the minimum
density of the underlying land use designation will assist in achieving the Housing Element goal
to provide “new housing developed with a diversity of types, prices, tenures, densities and
locations and in sufficient quantity to meet the demand of anticipated City and regional growth.”
Also, allowing housing development to be clustered outside of habitat areas in all residential land
use designations, including RL and RLM, will assist in achieving the Open Space and
Conservation Element goals to protect environmentally sensitive land, protect wildlife habitat,
and minimize the impacts from new development on environmental resources.
With regard to consistency with the Local Coastal Program, as mentioned earlier in this report,
the Zoning Ordinance is the implementing ordinance for the LCP. The LCP amendment is
necessary to ensure consistency between the LCP and Zoning Ordinance. The proposed
amendment will not result in any conflict with the provisions of the LCP.
V. ENVIRONMENTAL REVIEW
The initial study (EM Part 11) prepared for this project did not identifjr any potentially significant
impacts on the environment. A Negative Declaration has been prepared and is being
recommended for adoption as part of the approval of the proposed General Plan Amendment,
Zone Code Amendment and Local Coastal Program Amendment.
GPA 03-13/ZCA - RESIDENTIAL GENERAL AND ZONING
CONSISTENCY AMENDMENTS
June 16,2004
A Notice of Intent to Adopt a Negative Declaration was posted in the newspaper, and mailed to
the California Coastal Commission and State Clearinghouse for circulation. No comments were
received prior to the preparation of this report.
ATTACHMENTS:
1.
2.
3.
4.
5.
6.
7.
8.
JC:bd
Planning Commission Resolution No. 5650 (Negative Declaration)
Planning Commission Resolution No. 5651 (GPA)
Planning Commission Resolution No. 5652 (ZCA)
Planning Commission Resolution No. 5653 (LCPA)
Zoning Code Amendment (ZCA 03-02) Analysis
Strike-out and underline version of proposed General Plan and Zoning Ordinance text
amendments
Map showing location of RMH designated parcels (previously distributed)
Map showing location of RH designated parcels (previously distributed)
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LAND USE ELEMENT AMENDMENT
STRIKE-OUT & UNDERLINE VERSION
Land Use Element
SCHOOLS
Elementary
Junior High
High School
Continuation
Private
types but rather intensity of use. The Cityk goals regarding the need for specific types of residential housing are contained in the Housing Element. That element should be referred to for more detailed information regarding the housing needs of the community and an integrated set of goals, policies and programs to assist the community in
meeting those needs.
OPEN SPACE & COMMUNITY PARKS (0s)
TRANSPORTATION CORRIDOR (TC)
UNPLANNED AREAS (UA)
COMBINATION DISTRICT
Within each land use designation, there exists the
potential for certain unique land uses for which there are no specific designations. Such uses
may include, but are not limited to churches, or hospitals. These and other unique types of uses cannot be automatically placed within any
“A City which provides for a
variety of housing types and
density ranges to meet the
diverse economic and social
requirements of residents.. . I’
particular land use classification and must be
reviewed on an individual site basis through the conditional use permit process (Title 21, Chapter 21.42, Carlsbad Municipal Code).
Discussed below are descriptions of the land use classifications including population density and building intensity permitted within each classifi- cation.
1. RESIDENTIAL
Density is the unit of measure used to compare and describe the intensity of residential land use. Different categories of density constitute policy statements used in establishing the public facility requirements for each area. Density allocations are not intended to specifically identify building
Five ranges of residential density, as shown
below, have been incorporated into the General Plan. Each of these categories is implemented by one or more zone classifications that contains
specific site development standards. The City also has a specific mobile home park zoning classification although individual mobile homes are permitted in any density residential land use
classification.
Notwithstanding the densitv provisions and intent of each residential land use desiqnation, as specified below. a one-family
dwellinq shall be permitted on anv leqal lot ~ that existed as of
JINSERT EFFECTIVE DATE OF ZCA 03-02 ORb.1 I and which is desianated and zoned for
residential use. Anv proposal to subdivide land or construct more than one dwellinu shall be subiect to the densitv and intent of the underlvinq residential land use desiqnation.
a. Low Density (RL): Low density residential
by - areas intended to be developed with 6hg4 E-
family dwellings on parcels one-half acre or larger at a densitv between 0 to 1.5 units per acre. On sites containinu sensitive biolosical resources, as identified In the
Carlsbad Habitat Management Plan, development other than one-family dwellinas may be approved with a planned development permit, subiect to the densitv ranqe of this desinnation.
b. Low-Medium Density (RLM): Jdfh&+Low-
medium density residential areas intended to be developed with SiRqle =-family 4emes dwellinus -d ckw@mW- at a density between 0 to 4
dwelling units per gw6s acre. &aWy-e#
Amended March 27,2001
~~
Page 9
143
e Land Use Element
C.
d.
e.
On sites containinq
sensitive bioloqical resources, as identified in the Carlsbad Habitat
Manaqement Plan, development other than one-familv dwellings may be approved with a planned development
permit, subiect to the densitv ranqe of this desiqnation.
Medium-Densitv (RM): LMa-mnJedium
density residential areas intended to be developed with sraaU4s
&@e =-family dwellinas, 1 dwellinas and multiple-familv dwellinqs at a density between 4 to 8 dwelling units per
acre.
Medium-Hiah Densitv (RMH): Medium-hiah densitv residential areas intended to be developed with
dwellings and multiple-familv dwellinqs, as well as one-familv dwellinas (developed as two or more detached units on one lot) at a densitv between 8 to 15 dwelling units per acre. Development of one-family dwellinas on individual lots mav be approved with a planned development permit. subiect to the densitv ranae of this desiqnation.
..
--y
Hiah Densitv (RH): High-density residential &s&saWn - areas dx~&~~~cd by
intended to be developed with We-ad
ckw&pw& two-familv and multirAe- familv dwellinqs, as well as one-family dwellinqs (developed as two or more detached units on one lot) at a densitv between 15 to 23 dwelling units per acre.
.. .
Certain areas of the City designated for planned communities may have several residential
designations or combinations of residential designations. To accommodate good design and planning, as well as environmental and topographical factors, planned communities shall be controlled by a master plan.
As part of the City’s Growth Management Plan, a dwelling unit limitation was established for each quadrant of the City. The City shall not approve any general plan amendment, zone change, tentative subdivision map or other discretionary
approval for a development that could result in the development above the limit in any quadrant. To ensure that development does not exceed the limit, the following growth management control points are established for the Land Use Element density ranges.
Ranges Management
0-1.5
0 - 4.0
4-8
RMH 8 - 15.0 11.5
RH I 15-23 I 19.0
The City shall not approve any residential development at a density that exceeds the growth
management control point for the applicable density range without making the following findings:
a. That the project will provide sufficient additional public facilities for the density in
excess of the control point to ensure that the adequacy of the City’s public facilities plans will not be adversely impacted.
b. That there have been sufficient developments approved in the quadrant at densities below the control point so the approval will not result
in exceeding the quadrant limit.
- c. All necessarv public facilities required bv the Citv’s Growth Manaqement Proqram will be constructed, or are quaranteed to be constructed, concurrentlv with the need for them created bv this development and in compliance with the adopted Citv standards.
The residential land use designations indicates MAXIMUM development unit yields. To meet the General Plan goals and objectives, including, but not limited to population goals and environmental considerations, the ACTUAL yield may be less than maximum potentials, but not less than the
~
Page 14 Amended March 27,2001
0 Land Use Element
minimum density of the underlvinq land use desianation. 1
Wfk
Pursuant to California Government Code Section 65863, the Citv shall not bv administrative, Quasi-iudicial, or leaislative action, reduce, require or permit the reduction of residential densitv on any parcel to a
density below that which was utilized bv the California Department of Housincr and Communitv Development in determininq
compliance with housina element law. unless, the Citv, makes written findinqs supported by substantial evidence of both of the followina:
a. -
b. -
The reduction is consistent with the adopted qeneral plan. includina the housina element.
The remainina sites identified in the housing element are adeauate to
accommodate the Citv’s share of the regional housinq need pursuant to
Government Code Section 65584.
If a reduction in residential densitv for any parcel would result in the remaining sites identified in the housinq element not being adeauate to accommodate the Citv’s share of the reaional housinq need, the Citv may reduce the density on that parcel provided it identifies sufficient additional, adeauate. and available sites with an eaual or areater
residential density so that there is no net loss of residential unit capacity.
The Citv shall be solelv responsible for compliance with Government Code Section
65863, unless a proiect applicant recruests in his or her initial application, as submitted, a densitv that would result in the remaining sites in the housina element not being adeauate to accommodate the Citv’s share of the reaional housina need. In that case, the Citv mav reauire the project applicant to complv with Government Code Section 65863. For the purposes of determininq or reauiring compliance with Government Code Section
65863. the submission of an application does not depend on the application beina deemed complete or beina accepted by the Citv.
Government Code Section 65863 does not
awlv to parcels that, prior to Januarv 1, 2003, were either 1) subiect to a development
aareement, or 2) parcels for which an application for a subdivision map had been submitted.
Residential density shall be determined based on a number of dwelling units per developable acre of property. The following lands are considered to be undevelopable and shall be excluded from density calculations:
a. b.
d.
e.
f.
9.
h.
C.
1.
Beaches; Permanent bodies of water;
Floodways; Slopes with an inclination of greater than
Significant wetlands; Significant riparian woodland habitats;
Land subject to major power transmission easements; Land upon which other significant environmental features as determined by the environmental review process for a project are located; and Railroad track beds.
40%;
No residential development shall occur on the
lands listed above, however, the City Council may permit limited development of such property, if when considering the property as a whole, the
prohibition against development would constitute an unconstitutional deprivation of property.
Limited development of accessory or nonresidential uses may be permitted. Development on slopes with an inclination of 25% to 40% shall be permitted if designed to minimize
the grading and comply with the slope development provisions of the hillside ordinance
and the Carlsbad Local Coastal Program. However, only 50% of the area shall be used for density calculations.
In instances where a property. owner is preserving a significant amount of open space land beyond what would normally be required by city ordinances for purposes of environmental enhancement, establishing wildlife corridors or reserves or otherwise leaving developable property in its natural condition, the City shall consider allowing the density or development potential of the property being preserved to be
transferred to another portion of the property or another distinct property. In these instances, the
Amended March 27,2001 Page 15 145
0 Land Use Element
density/development potential of the property
being left in open space shall be reserved for and used on the remainder of the land owned by the
property owner, or through a negotiated agreement with the City, may be transferred to land owned by another property owner.
All legally existing R-2 lots, as of December 1,
1986, may be developed with a two-family
residence regardless of the density allowed by their General Plan designation if they can comply with all applicable development standards in
effect at the time of their development and if the following findings can be made:
a.
b.
C.
That the project will provide sufficient additional public facilities for the density in excess of the control point to ensure that the adequacy of the City's public facilities plans will not be adversely impacted;
That there have been sufficient developments
approved in the quadrant at densities below the control point to cover the units in the project above the control point so the approval will not result in exceeding the quadrant limit; and
All necessary public facilities required by this chapter will be constructed, or are guaranteed to be constructed, concurrently with the need for them created by this development and in compliance with the adopted City standards.
There are exceptional cases where the base zone is consistent with the land use designation but
would permit a slightly higher yield than that recommended in the low and low-medium density
residential classifications. In those exceptional cases, the City may find that the project is consistent with this element if: a) the project is
compatible with the objectives, policies, general
land uses and programs expressed herein, b) all of the necessary infrastructure is in place to support the project, and c) the proposed density does not exceed the maximum density allowed at the top of the range by more than an additional 25%.
Affordable Housing - Density Increases
The City recognizes that the feasibility of
providing housing affordable to lower-income families is dependent upon the ability to achieve residential densities higher than allowed by the underlying land use designation. Therefore, it is
necessary to consider development of housing projects containing lower-income affordable housing units at densities that may exceed the
ranges and growth management control points indicated above. The density which may be
approved for those projects which include affordable housing shall be determined on an individual project proposal basis, and may be independent of the residential land use designation of the site, subject to the criteria listed under Residential, Implementing Policies and Programs, C.3.
Page 16 Amended March 27,2001
/46
ZONING ORDINANCE AMENDMENT
CHAPTER 21.08 - R-A ZONE
STRIKE-OUT.& UNDERLINE VERSION
/47
Chapter 21.08
R-A RESIDENTIAL AGRICULTURAL ZONE
21.08.010 Intent and purpose.
21.08.0420 Permitted uses
21.08.0230 Building height.
21.08.0340 Front yard.
21.08.0430 Side yards.
21.08.0550 Placement of buildings.
21 .08.06ZO Minimum lot area.
21.08.080 Lot width.
21.08.090 Lot coverage.
21.08.100 Development standards.
T Ai Y" L
21.08.010 Intent and purpose.
A. The intent and purpose of the R-A Residential Agricultural zone is to:
1.
2.
Implement the Residential Low Density (RL) and Residential Low-
Provide regulations and standards for the development of one-family
Medium Density (RLM) land use desimations of the Carlsbad General Plan: and
dwellings, and other permitted or conditionally permitted uses, as specified in this chapter.
21.08.0420 Permitted uses.
In an R-A zone, notwithstanding any other provision of this title, only the
4%.&wmg uses listed in Table A, below, cm-lya~ shall be permittedL-
qsubiect to the requirements and development standards
specified in this se&m chapter, and subject to the provisions of Chapter 21.44 governing off-
street parking requirementst:
A.
?I :,2 1- &* .dJ. L 9
B. The uses permitted by conditional use permit, as indicated in Table A, shall
be subiect to the provisions of Chapters 21.42 and 21.50.
USE P CUP
Accessorv buildings/structures (ex. garages, workshops, tool sheds, Datio
Apricultural crops x
Apricultural labor housinp X
Apricultural stand (for displav of products raised on premises) (“stand” - X
covers, decks, etc.) (see note 1, below) (defined: See. 21.04.020)
Acc
X -
defined: Ser. 21.04.320) Animal keepine (household pets), subiect to Sec. 21.53.084
Animal keeping/grazing (horses, sheep or bovine animals), excluding
X - X _dairies (see notes 2 & 4, below)
USE P
Animal keepinp (poultry, rabbits, chinchillas and any fur bearing animals for
- Note:
Private garages (defined:. Sec. 21.04.150) shall accommodate not more than four cars: however,
additional earage or implement shelters may be erected, maintained and used on sites of ten acres or more, provided that
such structures shall not OCCUDV any reauired vard space.
On sites of four (4) acres or less, there shall not be more than two (2) horses, or two (2) sheep or two 12)
bovine animals per acre of eround devoted to feed such animals (excluding feed lots).
Poultry. rabbits and other fur bearing animals shall be confined at all times within an enclosure.
The keepinp of all domestic animals provided for in this section shall conform to all other provisions of
law eovernine the same. and no fowl or animal, or any pen. COOD, stable. or barn, shall be kept or maintained within fortv
(40) feet of any building used for human habitation located on adioinine Dropertv. or within fortv (401 feet of any street or
public uropertv.
A conditional use permit is not reauired for a eolf course if it is approved as Dart of a master plan for a
planned communi@ development.
Mobile homes must be certified under the National Mobilehome Construction and Safetv Standards
Act of 1974 142 U.S.C. Section 5401 et sea.) on a foundation system pursuant to Section 18551 of the State Health and
Safetv Code. Public/auasi-public accessory utilitv buildinps/facilities include. but are not limited to. water wells,
water storaee. Dump stations, booster stations, transmission/distribution electrical substations, operatine centers, Pas
meterinelrevulatine stations, or telephone exchanves. with the necessary accessory eauipment incidental thereto.
1)
21
31
4)
5)
6)
7)
CUP Acc - X
21.08.0220 Building height.
No building in the R-A zone shall exceed a height of thirty feet and two stories if
a minimum roof pitch of 3: 12 is provided or twenty-four feet and two stories if less than a 3: 12
roof pitch is provided for lots under twenty thousand square feet.
Single-family residences on lots with a lot area of twenty thousand square feet or
greater and within an R-A zone and specifying a -20 or greater area zoning symbol shall not
exceed thirty-five feet and three stories with a minimum roof pitch of 3:12 provided. (Ord. NS-
204 0 6,1992: Ord. NS-180 8 11,1991: Ord. 9060 0 401)
A.
B.
21.08.03f10 Front yard.
Every lot in an R-A zone shall have a front yard which has a depth not less than
twenty feet, except that on key lots and lots which side upon commercially or industrially zoned
property, the required front yard need not exceed fifteen feet. (Ord. 9060 0 502)
A.
21.08.0450 Side yards.
A. In the R-A zone every lot shall have side yards as follows: w 1. Interior lots shall have the following side yards: w a. A side yard shall be provided on each side of the lot which
side yard has a width equal to ten percent of the lot width; provided, that such side yard
shall not be less than five feet in width and need not exceed ten feet;
The planning director may approve a reduction in width of
one side yard provided that the opposite side yard is increased in width by an amount
equal to the reduction. The reduced side yard shall not be less than five feet in width nor
shall it abut a lot or parcel of land with an adjacent reduced side yard, nor shall the
increased side yard have a width of less than ten feet;
In the event special circumstances exist, such as extreme
topographical features and/or irregular shaped lots (such as those which front on cul-de-
sacs), the planning director may approve the application of a reduced side yard adjacent to
a reduced side yard, subject to the following condition: w 1. A minimum of ten feet between buildings shall be
maintained. w Corner lots and reversed corner lots shall have the following side
yards: w- a. On the side lot line which adjoins another lot, the side yard
shall be equal to ten percent of the lot width; provided that such side yard shall not be less
than five feet in width and need not exceed ten feet;
On the side street, the width of the required side yard shall
be ten feet and such side yard shall extend the full length of the lot. (Ord. 1256 0 7 (part),
1982; Ord. 9343 6 1,1973: Ord. 9060 0 403)
w b.
w c.
2.
w b.
21 .OS.OXjO Placement of buildings.
0 1. Interior Lots:
6%
A. Placement of buildings on any lot shall conform to the following:
a.
b.
No building shall occupy any portion of a required yard,
Any building, any portion of which is used for human habitation,
shall observe a distance from any side lot line the equivalent of the required side yard on such lot
and from the rear property line the equivalent of twice the required side yard on such lot,
The distance between buildings used for human habitation and
between buildings used for human habitation and accessory buildings shall be not less then ten
feet,
d. All accessory structures shall comply with the following
development standards:
@ The lot coverage shall include accessory structures in the
lot coverage calculations for the lot, @+ ii. The distance between buildings used for human habitation
and accessory buildings shall be not less than ten feet, #- iii. When proposed on a lot adjoining native vegetation,
accessory structures within a fire suppression zone must be reviewed and approved by the fire
department,
69- Accessory buildings, by definition, do not share a common
wall with the main dwelling unit structure, (3 v. Buildings shall not exceed one story,
f4 Building height shall not exceed fourteen feet if a minimum
roof pitch of 3: 12 is provided or ten feet if less than a 3 : 12 roof pitch is provided, f9f e. Second dwelling units constructed above detached garages, located
within a lot’s buildable area, pursuant to Section 2 1.10.04430.E.4.@0 of this title are not
subject to the one-story/fourteen-foot height limitation imposed on accessory structures, 6-e f. Habitable detached accessory structures shall comply with all
requirements of the zone applicable to placement of a dwelling unit on a lot including setbacks, w g. Detached accessory structures, which are not dwelling units and
contain no habitable space, including but not limited to garages, workshops, tool sheds, decks
over thirty inches above grade, and freestanding patio covers shall comply with the following
additional development standards when located within a lot’s required setback areas: fttf 1. The maximum allowable building area per structure shall
not exceed a building coverage of four hundred forty square feet,
0 The following setbacks shall apply: A front yard setback of
twenty feet, a rear yard setback of five feet, a side yard setback of five feet, and an alley setback
of five feet,
#- iii. The maximum plumbing drain size shall be one and one-
half inches in diameter so as to prohibit toilets, showers, bathtubs and other similar fixtures,
iv. The additional development standards listed above
21.08.060A.l.~.i through @&i of this section) shall apply to the entire (subsections
subject accessory structure, not just the portion encroaching into a lot’s setback area, w The provisions of this section are applicable notwithstanding the
permit requirements contained in Section 18.04.015 of this code; e 2. Comer Lots and Reversed Comer Lots:
e c.
i.
iv.
vi.
ii.
*‘* e
h.
6%) e9 a.
b.
No building shall occupy any portion of a required yard,
The distance between buildings used for human habitation and
between buildings used for human habitation and accessory buildings shall not be less than ten
feet,
Any building, any portion of which is used for human habitation,
shall observe a distance from the rear property line the equivalent of twice the required interior
side yard on such lot, @He d. All accessory structures shall comply with the following
development standards:
fttf The lot coverage shall include accessory structures in the
lot coverage calculations for the lot,
The distance between buildings used for human habitation
and accessory buildings shall be not less than ten feet, w iii. When proposed on a lot adjoining native vegetation,
accessory structures within a fire suppression zone must be reviewed and approved by the fire
department,
69- Accessory buildings, by definition, do not share a common
wall with the main dwelling unit structure, (3 v. Buildings shall not exceed one story,
f4 Building height shall not exceed fourteen feet if a minimum
roof pitch of 3: 12 is provided or ten feet if less than a 3: 12 roof pitch is provided, 69 e. Second dwelling units constructed above detached garages, located
within a lot’s buildable area, pursuant to Section 2 1.1 O.W30.E.4.@@0 of this title are not
subject to the one-story/fourteen-foot height limitation imposed on accessory structures, (39 f. Habitable detached accessory structures shall comply with all
requirements of the zone applicable to placement of a dwelling unit on a lot including setbacks, @-e g. Detached accessory structures, which are not dwelling units and
contain no habitable space, including but not limited to garages, workshops, tool sheds, decks
over thirty inches above grade, and freestanding patio covers shall comply with the following
additional development standards when located within a lot’s required setback areas: @ 1. The maximum allowable building area per structure shall
not exceed a building coverage of four hundred forty square feet, e+ The following setbacks shall apply: A front yard setback of
twenty feet, a rear yard setback of five feet, a side yard setback of five feet, and an alley setback
of five feet,
@- iii. The maximum plumbing drain size shall be one and one-
half inches in diameter so as to prohibit toilets, showers, bathtubs and other similar fixtures,
iv. The additional development standards listed above
21.08.060A.2.e.i through 04 of this section) shall apply to the entire (subsections @@jo@
subject accessory structure, not just the portion encroaching into a lot’s setback area,
h. The provisions of this section are applicable notwithstanding the
permit requirements contained in Section 18.04.015 of this code. (Ord. NS-355 $8 3, 4, 1996;
Ord. NS-243 00 2--4, 1993; Ord. 9060 0 404)
c.
i.
ii.
iv.
vi.
ii.
’** 69-
0
2 1.08.0610 Minimum lot area.
A. The minimum required area of a lot in the R-A zone when the zone
implements the RL land use designation, shall be not less than one-half acre (21,780 square
feet), unless a greater minimum lot area is specified on the zoning map (ex. R-A-2.5 = two
and one-half (2 %) acre minimum lot area).
The minimum required area of a lot in the R-A zone, when the zone implements
the RLM land use desienation, shall be not less than seven thousand five hundred (7,5001
square feet, unless otherwise shown on the zoning maps. (Ord. 9336 0 2, 1972: Ord. 9060 0 405)
B.
21.08.080 Lot width.
@j A. e3 Lots required to have an area up to ten thousand square feet, sixty feet;
0- Lots required to have an area of at least ten thousand square feet and up to
twenty thousand square feet, seventy-five feet;
@ Lots required to have an area of twenty thousand square feet or more,
eighty feet.
@+LThe official or decision-making body with the authority to otherwise approve the
subdivision may approve panhandle or flag-shaped lots where the lot width and yards shall be
measured in accord with this section if the following circumstances are found to exist. For a
minor subdivision application with two or more panhandle lots, the authority for approval shall
be with the planning commission.
1. The property cannot be served adequately with a public street without
panhandle lots due to unfavorable conditions resulting fiom unusual topography, surrounding
land development, or lot configuration;
Subdivision with panhandle lots will not preclude or adversely affect the
ability to provide full public street access to other properties within the same block of the subject
property. 0 C. In approving a panhandle lot a determination shall be made as to what portion of
such lot shall be the buildable lot; for purposes of this chapter, the buildable portion shall be the
entire lot exclusive of any portion of the lot less than thirty-five feet in width that is used for
access to the lot. Also, a determination shall be made on which property lines of the buildable
lots are the front, sides and rear for purposes of providing required yards.
Any panhandle lot approved pursuant to this section shall meet the following
requirements :
1. The area of the buildable portion of the lot shall be a minimum ten
thousand square feet or the minimum required by the zone whichever is greater. In zone districts
permitting less than ten thousand square-foot lots, the buildable portion of the lot may be less
than ten thousand square feet provided the official or decision-making body with the authority to
otherwise approve the subdivision finds from evidence submitted on a site plan that all
requirements of this section will be met; however, in no case shall the buildable portion of the lot
be less than eight thousand square feet in area. If a site plan for a subdivision with panhandle
In the R-A zone every lot shall have a minimum lot width as follows:
1.
2.
3.
(3-
(3 2.
D.
(3-
lots, with a buildable portion of less than ten thousand square feet, is approved, development
within such subdivision shall conform to the plan as approved.
69- The width requirements for the buildable portion of the lot shall be met as
required for lots in the zone district. e+ The yard requirements of the zone district shall be met as required for
interior lots. M The length of the portion of the lot fionting on a public street or publicly
dedicated easement afforded access to the buildable lot shall not be greater than one hundred
fifty feet for a single lot or two hundred feet when two such lots are adjoining. The minimum
width for such access portion shall be twenty feet except where the access portion is adjacent to
the same portion of another such lot, in which case the required minimum frontage shall be
fifteen feet, provided a joint easement, ensuring common access to both such portions, is
recorded.
An improved driveway shall be provided within the access portion of the
lot fiom the public street or public easement to the parking area on the buildable lot at least
fourteen feet wide for single lots and twenty feet wide when serving more than one lot. The
minimum overhead clearance shall be ten feet. The driveway shall be constructed to
accommodate public service vehicles with a minimum of two-inch thick asphalt concrete paving
on proper base with rolled edges.
6. Drainage from the lot shall be channeled down the private access to a
public street or special drainage means must be provided to the satisfaction of the city engineer.
7. Each lot shall have three nontandem parking spaces with an approach not
less than twenty-four feet in length with proper turnaround space to permit complete turnaround
for forward access to the street. This parking and access arrangement shall be designed to the
satisfaction of the city engineer.
8. Structures permitted in the access portion of the lot shall be limited to
mailboxes, fences, trash enclosures, landscape containers and nameplates. Except for mailboxes,
these structures shall not be greater than forty-two inches in height if located within twenty feet
of the street property line or greater than six feet in height beyond this point.
The property owner of such a lot shall agree to hold the city or any other
public service agency harmless from liability for any damage to the driveway when being used to
perform a public service.
Any other condition the official or decision-making body with the
authority to otherwise approve the subdivision may determine to be necessary to properly
develop such property. (Ord. 9467 9 2,1976: Ord. 9060 3 407)
2.
3.
4.
fst 5.
fet
0-
(33
0 9.
0 10.
21.08.090 Lot coverage.
Lot coverage with buildings and structures shall not exceed forty percent of the
lot. Buildings and structures used for growing or raising plants are not counted as coverage.
(Ord. 9427 8 5, 1975: Ord. 9060 9 408)
A.
21 .OS. 100 Development standards.
mobile home, shall be located on a lot in this s-ke
with the following development standards:
A. No one-family dwelling unit, whether it be conventionally built, modular or a
unless such z~ffe dwelling unit complies
0 1. Each dwelling unit shall have a two-car garage, with a minimum
dimension of twenty square feet which is architecturally integrated with and has an exterior
similar to the dwelling unit, with the following exceptions: w a. One additional paved off-street (covered or uncovered) parking
space shall be provided for a second dwelling unit and shall comply with the requirements of
Chapter 21.44 of this title. The additional parking space may be provided through tandem
parking (provided that the garage is set back a minimum of twenty feet from the property line) or
in the front yard setback.
All dwelling units shall have a permanent foundation. For mobile homes a
foundation system installed pursuant to Section 18551 of the State Health and Safety Code shall
satisfy the requirements of this section.
Exterior siding material shall be stucco, masonry, wood or brick unless an
alternative exterior material is approved by the planning director. The planning director may
approve a siding material other than those listed in this section only if he finds that use of such
material is in harmony with other dwelling units in the neighborhood.
All roofs shall have a pitch of at least three inches in twenty inches unless
another pitch is approved by the planning director. No roof shall be made of corrugated, extruded
or stamped metal.
5.
NS-283 $ 12,1994; Ord. 1261 $38,1983; Ord. 9599 $2 (part), 1981)
2.
w 3.
w 4.
fst All dwelling units shall have a minimum width of twenty feet. (Ord.
ZONING ORDINANCE AMENDMENT
CHAPTER 21.10 - R=l ZONE
STRIKE-OUT & UNDERLINE VERSION
Chapter 2 1.10
R-1 OI'WFAMILY RESIDENTIAL ZONE
21.1 0.010
2 1 . 1 0.04~0
2 1.1 0. os=
2 1.1 0. azo
2 1.1 0.0350
2 1 . 1 0.0420
2 1 . 1 0.0580
2 1.lO.oe~O
2 1.1 O.esU0
2 1.10.wlJ0
2 1.1 0.1020
2 1.1 0.1 qo
21.10.040
Intent and purpose.
Permitted uses.
Second dwelling units.
Home Occupations.
Building height.
Front yards.
Side yards.
Placement of buildings.
Minimum lot area.
Lot width.
Lot coverage.
Development standards.
Servability.
21.10.010 Intent and purpose.
The intent and purpose of the R-1 One-Familv Residential zone is to: A.
Residential Low- 1. Implement the Residential Low Density (RL),
Medium Density (RLM), and Residential Medium Density (RMl land use designations of
the Carlsbad General Plan; and
Provide remlations and standards for the development of one-family
dwellinm, and other permitted or conditionally permitted uses, as specified in this chapter.
2.
2 1.10.0420 Permitted uses.
A. In an R-1 zone, notwithstandinp any other provision of this title, onlv the
uses listed in Table A, below, edyaw shall be permittedL-
,,P,.F;,,lr,,subiect to the requirements and development standards
specified by this chapter, and subject to the provisions of Chapter 21.44 governing off-street
parking requirements+,
,*I" I,
B. The uses permitted by conditional use permit, as indicated in Table A, shall
be subiect to the provisions of Chapters 21.42 and 21.50.
TABLE A
Permitted Uses I In the table, below, subiect to all applicable permitting and development requirements of the
Municipal Code:
0 “P” indicates use is permitted
Note:
On each lot or combination of adiacent lots under one ownership. there may be keDt one (1) horse for each ten thousand (10,0001 sauare feet in the lot or lots; Drovided. however, that any such horse mav be kept onlv if it is
fenced and stabled so that at no time is it able to graze. stray or roam closer than fiftv (50) feet to any building used for
human habitation, other than buildings on the lot or lots. and as to those buildings. no closer than fortv 1401 feet.
A conditional use permit is not required for a golf course if it is aDDr0Ved as Dart of a master Dlan for a
planned communitv develoDment.
Mobile homes must be certified under the National Mobilehome Construction and Safetv Standards
Act of 1974 (42 U.S.C. Section 5401 et sea.) on a foundation system Dursuant to Section 18551 of the State Health and
Safetv Code.
1)
21
3)
4) Publiclquasi-public accessory utilitv buildines/facilities include. but are not limited to. water wells, water storape, pump stations, booster stations. transmission/distribution electrical substations, operating centers, gas
meterindreeulatinP stations, or telephone exchanpes. with the necessary accessory equipment incidental thereto.
2 1.10.0443J Second dwelling units.
The public good is served when there exists in a city, housing which is
appropriate for the needs of and affordable to all members of the public who reside within that
city. Among other needs, there is in Carlsbad a need for affordable rental housing. Therefore, it
is in the public interest for the city to promote a range of housing alternatives in order to meet the
affordable rental housing needs of its citizens. This section is intended to provide a rental
housing alternative by establishing a procedure to create new second dwelling units.
The provisions of this section shall apply to single-family zones R-A, R-E and R-
1, areas designated by a master plan for single-family detached dwellings in P-C zones and lots
within multifamily zones R-2, R-3, R-P, R-T, R-W and RD-M, which are developed with single-
family residences.
Second dwelling units developed within the coastal zone require a minor coastal
development permit issued according to the provisions of Section 21.201.085 of this title and a
building permit. Second dwelling units outside of the coastal zone require a building pennit.
D. The completed minor coastal development permit and/or building permit
application for a second dwelling unit shall include the following information:
@j A.
(b) B.
(f+ C.
0 1. The name(s) of the owner(s); 0 2. The address of the dwelling units; e 3. The assessor’s parcel number;
(9% Building elevateism and a general floor plan of the second dwelling
unit; 0 A scaled drawing showing the lot dimensiom, the location of the primary
and second dwelling unit, location of all vehicular parking and the total square footage of
both units;
(39 Description and location of water and sanitary (sewer) services; and e3 An applicant-signed Affidavit of Compliance declaring that: (a) the
second dwelling unit is not in conflict with existing conditions, covenants and restrictions
(CC and R’s) applicable to the title of the subject property; (b) the property owner(s) shall
reside in either the main dwelling unit or the second dwelling unit unless a lessee leases both
the main dwelling and the second dwelling unit; (c) the property owners agree to rent the
second dwelling unit at a monthly rental rate which shall not exceed an income of a low-
income household, adjusted for household size, at eighty percent of the San Diego County
median income.
0
4.
5.
6.
7.
E. Second dwelling units shall comply with the following:
1. The second dwelling unit shall either be attached to the main dwelling unit
and located within the habitable area of the main dwelling unit or detached from the main
dwelling unit and located on the same lot as the main dwelling unit.
(3 e3 2.
3.
The second dwelling unit shall have a separate entrance.
The second dwelling unit must meet the setback, lot coverage, and other
development standards applicable to the zone, which are not addressed within this subsection. In
the coastal zone, any housing development processed pursuant to this chapter shall be consistent
with all certified local coastal program provisions, with the exception of density, or as otherwise
specified within this subsection.
w 4. Attached second dwelling units shall conform to the height limits
applicable to the zone and detached second dwelling units shall be limited to one story, except
that second dwelling units constructed above detached garages shall be permitted, and shall
conform to the height limits applicable to the zone. 0 5. Garage conversions are prohibited unless replacement off-street garage
parking is provided concurrently and in compliance with the requirements of Chapter 21.44 of
this title.
0 Second dwelling units shall not be permitted on a lot or parcel having
guest or accessory living quarters, or a residential care facility. Existing guest or accessory
living quarters may be converted into a second dwelling unit provided that all zoning and
structural requirements are met.
7. One additional paved off-street (covered or uncovered) parking space shall
be provided for the second dwelling unit and shall comply with the requirements of Chapter
21.44 of this title. The additional parking space may be provided through tandem parking
(provided that the garage is set back a minimum of twenty feet from the property line) or in the
6.
fi-ont yard setback.
e9 Adequate water and sewer capacity and facilities for the second
unit must be available or made available. e9 All necessary public facilities and services must be available
available. w The second unit may be rented and shall not be sold separately
main dwelling unit unless the lot on which such units are located is subdivided. The
8.
9.
10.
dwelling
or made
fkom the
lot upon
which the seckd unit is located shall not be subdivided unless each lot which would be created
by the subdivision will comply with the requirements of this title and Title 20; and further
provided, that all structures existing on each proposed lot will comply with the development
standards applicable to each lot.
11. The total area of floor space for an attached or detached second unit shall
not exceed six hundred forty square feet.
12. The second dwelling unit shall be architecturally compatible with the main
dwelling unit, in terms of appearance, materials and finished quality.
13. A second dwelling unit which conforms to the requirements of this section
shall be allowed to exceed the permitted density for the lot upon which it is located and shall be
deemed to be a residential use consistent with the density requirements of the general plan and
the zoning designation for the lot.
14. The size of the lot upon which a second dwelling unit is proposed shall not
be less than the minimum lot size required of the zone. (Ord. NS-663 $ 3, 2003; NS-402 0 8,
1997; Ord. NS-283 $3,1994)
w
e%
0
w
21.10.040 Home Occupations.
Home occupations which are not disruptive to the residential character of the
neiphborhood shall be permitted as an accessory use, subiect to the followinp conditions:
1. Home occupations shall be conducted as a secondary use by a resident
or residents of the premises;
2. No employees shall be employed on the premises;
3. All home occupation activities shall be conducted entirely within the
A.
residential structure, except for permitted agricultural or horticultural uses;
4. There shall be no external alteration to the appearance of the
residential structure that would reflect the existence of the home occupation;
5. No storage of materials, goods, equipment, or stock in trade shall be
permitted where visible from the exterior of the property;
6. No deliveries or pickups by heavy duty commercial vehicles shall be
permitted;
7. Sale of goods or services shall not be conducted on the property,
except for agricultural goods grown on the premises. This provision shall not be construed
to prohibit taking orders for sale where deliverv of goods or Derformance of services does
not occur on the property;
8. The home occupation shall not cause any external effect that is
inconsistent with the residential zone or disrupts the neighborhood, including but not
limited to, noise from equipment, traffic, lighting, offensive odor, or electrical interference;
9. No advertising, signs, or displavs of any kind indicating the existence
of the home occupation shall be permitted on the premises;
10. The home occupation shall not cause the elimination of required off-
street parkinq
11. The home occupation may not utilize an area greater than twenty
(20) percent of the combined total floor area of all on-site structures: and
12. A city business license is required for the conduct of a home
occupation.
21.10.0230 Building height.
In the R-1 zone no building shall exceed a height of thirty feet and two stories if a
minimum roof pitch of 3:12 is provided or twenty-four feet and two stories if less than a 3:12
roof pitch is provided for lots under twenty thousand square feet. Single-family residences on
lots with a lot area of twenty thousand square feet or greater and within a R-1 zone and
specifying a -20 or greater area zoning symbol shall not exceed thirty-five feet and three stories
with a minimum roof pitch of 3:12 provided. (Ord. NS-204 8 7, 1992: Ord. NS-180 6 12, 1991:
Ord. 9060 0 501)
A.
2 1.1O.M-0 Front yard.
Every lot in the R-1 zone shall have a front yard which has a depth not less than
twenty feet, except that on key lots and lots which side upon commercially or industrially zoned
property, the required front yard need not exceed fifteen feet. (Ord. 9060 9 502)
A.
21.10.0420 Side yards.
A. In the R-1 zone every lot shall have side yards as follows: - 1. Interior lots shall have the following side yards: a. 6-4 w A side yard shall be provided on each side of the lot, which side
yard has a width equal to ten percent of the lot width; provided, that such side yard shall not be
less than five feet in width and need not exceed ten feet.
The planning director may approve a reduction in width of one
side yard provided that the opposite side yard is increased in width by an amount equal to the
reduction. The reduced side yard shall not be less than five feet in width nor shall it abut a lot or
G9 b.
lG 3
parcel of land with an adjacent reduced side yard, nor shall the increased side yard have a width
of less than ten feet. e c. In the event special circumstances exist, such as extreme
topographical features and/or irregularly shaped lots (such as those which front on cul-de-sacs),
the planning director may approve the application of a reduced side yard adjacent to a reduced
side yard, subject to the following condition: A minimum of ten feet between buildings shall be
maintained.
#
(33
2. Comer lots and reversed comer lots shall have the following side yards:
a. On the side lot line which adjoins another lot, the side yard shall be
equal to ten percent of the lot width; provided that such side yard shall not be less than five feet
in width and need not exceed ten feet,
On the side street, the width of the required side yard shall be ten
feet and such side yard shall extend the full length of the lot. (Ord. 1256 5 7 (part), 1982; Ord.
9343 5 2,1973: Ord. 9060 5 503)
G9 b.
21.10.0580 Placement of buildings.
(33 1. Interior Lots:
6% w
A. Placement of buildings on any lot shall conform to the following:
a.
b.
No building shall occupy any portion of a required yard,
Any building, any portion of which is used for human habitation,
shall observe a distance from any side lot line the equivalent of the required side yard and from
the rear property line the equivalent of twice the required side yard on such lot,
The distance between buildings used for human habitation and
between buildings used for human habitation and accessory buildings shall be not less than ten
feet, exe d. All accessory structures shall comply with the following
development standards: 6e The lot coverage shall include accessory structures in the
lot coverage calculations for the lot, # ii. The distance between buildings used for human habitation
and accessory buildings shall be not less than ten feet, @ iii. When proposed on a lot adjoining native vegetation,
accessory structures within a fire suppression zone must be reviewed and approved by the
fire department, e Accessory buildings, by definition, do not share a common
wall with the main dwelling unit structure, fef v. Buildings shall not exceed one story,
f4 Building height shall not exceed fourteen feet 'if a minimum
roof pitch of 3: 12 is provided or ten feet if less than a 3: 12 roof pitch is provided, 69- e. Second dwelling units constructed above detached garages, located
within a lot's buildable area, pursuant to Section 21.10.04430.E.4. @o of this title are
not subject to the one-story/fourteen-foot height limitation imposed on accessory structures, ++ f. Habitable detached accessory structures shall comply with all
requirements of the zone applicable to placement of a dwelling unit on a lot including
(C> c.
i.
iv.
vi.
setbacks,
w 8. Detached accessory structures, which are not dwelling units and
contain no habitable space, including but not limited to garages, workshops, tool sheds, decks
over 30 inches above grade, and freestanding patio covers shall comply with the following
additional development standards when located within a lot’s required setback areas: w i. The maximum allowable building area per structure shall
not exceed a building coverage of four hundred forty square feet, e+- The following setbacks shall apply: A front yard setback of
twenty feet, a rear yard setback of five feet, a side yard setback of five feet, and an alley
setback of five feet,
69 The maximum plumbing drain size shall be one and one-
half inches in diameter so as to prohibit toilets, showers, bathtubs and other similar fixtures, e iv. The additional development standards listed above
(subsections Qj@(w#$ *.. 21.10.0SOA.l.e.i through @& of this section) shall apply to the
entire subject accessory structure, not just the portion encroaching into a lot’s setback area,
fw) The provisions of this section are applicable notwithstanding the
permit requirements contained in Section 18.04.015 of this code, e% 2. Comer Lot and Reversed Comer Lots:
69 No building shall occupy any portion of a required yard,
@9 The distance between buildings used for human habitation and
between buildings used for human habitation and accessory buildings shall be not less than
ten feet,
@ Any building, any portion of which is used for human habitation
shall observe a distance from the rear property line to the equivalent of twice the required
interior side yard on such lot, w d. All accessory structures shall comply with the following
development standards:
The lot coverage shall include accessory structures in the
lot coverage calculations for the lot, w ii. The distance between buildings used for human habitation
and accessory buildings shall be not less than ten feet, fs3 iii. When proposed on a lot adjoining native vegetation,
accessory structures within a fire suppression zone must be reviewed and approved by the
fire department,
@ Accessory buildings, by definition, do not share a common
wall with the main dwelling unit structure, w v. Buildings shall not exceed one story,
f9 Building height shall not exceed fourteen feet if a minimum
roof pitch of 3: 12 is provided or ten feet if less than a 3: 12 roof pitch is provided, 69 e. Second dwelling units constructed above detached garages, located
within a lot’s buildable area, pursuant to Section 21.10.04530.E.4. @@o of this title are
not subject to the one-story/fourteen-foot height limitation imposed on accessory structures, w f. Habitable detached accessory structures shall comply with all
requirements of the zone applicable to placement of a dwelling unit on a lot including
setbacks, w g. Detached accessory structures, which are not dwelling units and
contain no habitable space, including but not limited to garages, workshops, tool sheds, decks
ii.
iii.
h.
a.
b.
c.
1. fs)
iv.
vi.
over thirty inches above grade, and freestanding patio covers shall comply with the following
additional development standards when located within a lot’s required setback areas: e+ 1. The maximum allowable building area per structure shall
not exceed a building coverage of four hundred forty square feet,
(39 The following setbacks shall apply: A front yard setback of
twenty feet, a rear yard setback of five feet, a side yard setback of five feet, and an alley
setback of five feet,
fsf The maximum plumbing drain size shall be one and one-
half inches in diameter so as to prohibit toilets, showers, bathtubs and other similar fixtures, fet iv. The additional development standards listed above
(subsections @j@j@+@ 21.10.080A.2.g.i through (e@ of this section) shall apply to the
entire subject accessory structure, not just the portion encroaching into a lot’s setback area, w The provisions of this section are applicable notwithstanding the
permit requirements contained in Section 18.04.015 of this code. (Ord. NS-355 $9 5,6, 1996;
Ord. NS-243 $0 5-7, 1993; Ord. 9060 $ 504)
ii.
iii.
h.
2 1.10.0690 Minimum lot area.
A. The minimum required area of a lot in the R-1 zone, when the zone
implements the RL land use designation, shall be not less than one-half acre (21,780 square
feet), unless a greater minimum lot area is specified on the zoning map (Le. R-1-40,000 =
40,000 square foot minimum lot area).
The minimum required area of a lot in the R-1 zone, when the zone implements
the RLM land use designation, shall be not less than seven thousand five hundred J7,500)
square feet, unless otherwise shown on the zoning map.
C. The minimum required area of a lot in the R-1 zone, when the zone
implements the RM land use designation, shall be not less than six thousand (6,000) square
feet, unless otherwise shown on the zoning map.
B.
21.10.88~0 Lot width.
@$ A. In the R-1 zone every lot shall have a minimum lot width as follows: (33- 1. Lots required to have an area up to ten thousand square feet, sixty feet; e) 2. Lots required to have an area of at least ten thousand square feet and up to
twenty thousand square feet, seventy-five feet; e 3. Lots required to have an area of twenty thousand square feet or more,
eighty feet.
(l+ B. The official or decision-making body with the authority to otherwise approve the subdivision may approve panhandle or flag-shaped lots where the lot width and yards shall be
measured in accord with this section if the following circumstances are found to exist. For a
minor subdivision application with two or more panhandle lots, the authority for approval shall
be with the planning commission.
w 1. The property cannot be served adequately with a public street without
panhandle lots due to unfavorable conditions resulting from unusual topography, surrounding
land development, or lot configuration;
Subdivision with panhandle lots will not preclude or adversely affect the
ability to provide full public street access to other properties within the same block of the subject
property.
@j C. In approving a panhandle lot, a determination shall be made as to what portion of
such lot shall be the buildable lot; for purposes of this chapter, the buildable portion shall be the
entire lot exclusive of any portion of the lot less than thirty-five feet in width that is used for
access to the lot. Also, a determination shall be made on which property lines of the buildable
lots are the front, sides and rear for purposes of providing required yards.
@) D. Any panhandle lot approved pursuant to this section shall meet the following
requirements: w 1. The area of the buildable portion of the lot shall be a minimum ten
thousand square feet or the minimum required by the zone whichever is greater. In zone districts
permitting less than ten thousand square-foot lots, the buildable portion of the lot may be less
than ten thousand square feet provided the official or decision-making body with authority to
otherwise approve the subdivision finds from evidence submitted on a site plan that all
requirements of this section will be met; however, in no case shall the buildable portion of the lot
be less than eight thousand square feet in area. If a site plan for a subdivision with panhandle
lots with a buildable portion of less than ten thousand square feet is approved, development
within such subdivision shall conform to the plan as approved. w The width requirements for the buildable portion of the lot shall be met as
required for lots in the zone district.
0 The yard requirements of the zone district shall be met as required for
interior lots. w The length of the portion of the lot fionting on a public street or publicly
dedicated easement afforded access to the buildable lot shall not be greater than one hundred
fifty feet for a single lot or two hundred feet when two such lots are adjoining. The minimum
width for such access portion shall be twenty feet except where the access portion is adjacent to
the same portion of another such lot, in which case the required minimum fiontage shall be
fifteen feet, provided a joint easement ensuring common access to both such portions is recorded.
An improved driveway shall be provided within the access portion of the
lot from the street or public easement to the parking area on the buildable lot at least fourteen
feet wide for single lots and twenty feet wide when serving more than one lot. The minimum
overhead clearance shall be ten feet. The driveway shall be constructed to accommodate public
service vehicles with a minimum of two-inch thick asphalt concrete paving on proper base with
rolled edges.
Drainage from the lot shall be channeled down the private access to a
public street or special drainage means must be provided to the satisfaction of the city engineer.
Each lot shall have three nontandem parking spaces with an approach not
less than twenty-four feet in length with proper turnaround space to permit complete tumaround
for forward access to the street. The parking and access arrangement shall be designed to the
satisfaction of the city engineer.
8. Structures permitted in the access portion of the lot shall be limited to
mailboxes, fences, trash enclosures, landscape containers and nameplates. Except for mailboxes,
2.
2.
3.
4.
#- 5.
@
e
6.
7.
e9
lQ 7
the structures shall not be greater than forty-two inches in height if located within twenty feet of
the street property line or greater than six feet in height beyond this point.
The property owner of such a lot shall agree to hold the city or any other
public service agency harmless from liability for any damage to the driveway when being used to
perform a public service.
Any other condition the official or decision-making body with the
authority to otherwise approve the subdivision may determine to be necessary to properly
develop such property. (Ord. 1261 5 40 (part), 1983; Ord. 9598 $ 1, 1981: Ord. 9467 $ 3, 1976:
Ord. 9103 $ 1,1975: Ord. 9060 $ 508)
e9 9.
w 10.
2 1.1 O.WuO Lot coverage.
Lot coverage with buildings and structures shall not exceed forty percent of the
lot. Buildings and structures used for growing or raising plants or animals are not counted as
coverage. (Ord. 9427 $ 7, 1975: Ord. 9060 5 508)
A.
2 l.lO.lQ0 Development standards.
No one-family dwelling unit, whether it be conventionally built, modular or a
mobile home, shall be located on a lot in this zone unless such dwelling unit complies with the
following development standards:
Each dwelling unit shall have a two-car garage, with a minimum
dimension of twenty feet square which is architecturally integrated with and has an exterior
similar to the dwelling unit with the following exception: w a. One additional paved off-street (covered or uncovered) parking
space shall be provided for a second dwelling unit and shall comply with the requirements of
Chapter 21.44 of this title. The additional parking space may be provided through tandem
parking (provided that the garage is set back a minimum of twenty feet from the property line) or
in the front yard setback.
All dwelling units shall have a permanent foundation. For mobile homes a
foundation system installed pursuant to Section 1855 1 of the State Health and Safety Code shall
satisfy the requirements of this section.
Exterior siding materials shall be stucco, masonry, wood or brick unless
an alternative exterior material is approved by the planning director. The planning director may
approve a siding material other than those listed in this section only if he finds that use of such
material is in harmony with other dwelling units in the neighborhood.
4. All roofs shall have a pitch of at least three inches in twenty inches unless
another pitch is approved by the planning director. No roof shall be made of corrugated, extruded
or stamped metal.
5. All dwelling units shall have a minimum width of twenty feet. (Ord. NS-
283 $15, 1994; Ord. 1261 $ 40 (part), 1983; Ord. 9599 $ 2 (part), 1981)
A.
E) 1.
2.
w 3.
w
(9
2 1.10.1430 Severability.
If any section, subsection, sentence, clause, phrase or part of this chapter is for
any reason found by a court of competent jurisdiction to be invalid or unconstitutional, such
decision shall not affect the validity of the remaining portions of this chapter, which shall be in
full force and effect. The city council hereby declares that it would have adopted this chapter
with each section, subsection, sentence, clause, phrase or part thereof regardless of the fact that
A.
any one or more sections, subsections, sentences, clauses, phrases, or parts be declared invalid or
unconstitutional. (Ord. NS-663 0 4,2003)
0 0
ZONING ORDINANCE AMENDMENT
CHAPTER 21.12 - R-2 ZONE
STRIKE-OUT & UNDERLINE VERSION
Chapter 21.12
R-2 TWO-FAMILY RESIDENTIAL ZONE
21.12.010 Intent and purpose.
2 1.12.0420 Permitted uses.
31 13 nic @ --
21.12.0230 Building height.
21.12.0340 Front yard.
21.12.0430 Side yards.
21.12.05fiO Placement of buildings.
21.12.0610 Minimum lot area.
21.12.0890 Lot width.
2 1.12.WEO Lot coverage.
II .I&.W Id
31 1') n7n T 1. I&.W, "
21.12.010 Intent and purpose.
The intent and ur ose of the R-2 Two-Famil Residential zone is to:
1. Im p lement the Residential Medium Densitv (RM) land use
2. Provide regulations and standards for the development of residential
designation of the Carlsbad General Plan; and
dwellings, and other permitted or conditionally permitted uses, as specified in this chaater.
21.12.0+20 Permitted uses.
In the R-2 zone, notwithstandinp any other provision of this title, only the
4kIkwmg uses listed in Table A, below, edy-iwe shall be permitted,-& 2: kereiffstaeF
subiect to the requirements and development standards
wecified by this chapter, and subject to the provisions of Chapter 21.44 governing off-street
parking requirements+,
A.
f'.) AAA7 -- -
(5) LA- 4
31 <2 1- I I .-'a. I
CVA. 96% 5 2 *W%), 1-
B. The uses permitted by conditional use permit, as indicated in Table A, shall
be subiect to the provisions of Chapters 21.42 and 21.50.
TABLE A
Permitted Uses
Note:
1) Private earages (defined: Sec. 21.04.150) shall accommodate not more than two cars Der dwelling unit.
2)
3)
When associated with a two-family or multiple-family dwelling, accessory buildings shall not include
guest houses or accessory living quarters (defined: Sec. 21.04.165).
If a one-family dwelling existed on a lot on the effective date of the ordinance codified in this title, a
second one-familv dwelling may be erected. Also, on corner lots two one-family dwellings may be erected if one house
faces the street upon which such lot fronts and the other house faces upon the side street.
A multiple-family dwelling with a maximum of four (4) units may be erected when the side lot line of a
lot abuts R-P, commercial or industrial zoned lots. but in no case shall the proaertv consist of more than one lot, or be
more than ninetv feet in width.
A conditional use permit is not required for a golf course if it is approved as part of a master plan for a
planned community development.
Mobile homes must be certified under the National Mobilehome Construction and Safety Standards
Act of 1974 (42 U.S.C. Section 5401 et sea.) on a foundation svstem pursuant to Section 18551 of the State Health and
Safety Code. Publidauasi-public accessory utilitv buildings/facilities include, but are not limited to, water wells,
water storage. pump stations, booster stations. transmissioddistribution electrical substations, operating centers. gas
meterindregulating stations, or telephone exchanges, with the necessary accessory equipment incidental thereto.
4)
5)
6)
7)
21.12.0230 Building height.
No building in the R-2 zone shall exceed a height of thirty feet and two stories if a
minimum roof pitch of 3:12 is provided or twenty-four feet and two stories if less than a 3:12
roof pitch is provided for lots under twenty thousand square feet. Buildings on lots with a lot area
of twenty thousand square feet or greater shall not exceed thirty-five feet and three stories with a
minimum roof pitch of 3:12 provided. (Ord. NS-204 6 8, 1992: Ord. NS-180 8 13, 1991: Ord.
9060 3 601)
A.
21.12.0340 Front yard.
Every lot in the R-2 zone shall have a front yard which has a depth not less than
twenty feet, except that on key lots and on lots which side upon commercially or industrially
zoned property, the depth of the required front yard need not exceed fifteen feet. (Ord. 9060 0
602)
A.
21.12.0430 Side yards.
A. In the R-2 zone every lot shall have side yards as follows: @ 1. Interior lots shall have the following side yards:
frt a. A side yard shall be provided on each side of the lot which side
yard has a width equal to ten percent of the lot width; provided that such side yard shall not be
less than five feet in width and need not exceed ten feet;
The planning director may approve a reduction in width of one
side yard provided that the opposite side yard is increased in width by an amount equal to the
reduction. The reduced side yard shall not be less than five feet in width nor shall it abut a lot or
parcel of land with an adjacent reduced side yard, nor shall the increased side yard have a width
of less than ten feet; e9 c. In the event special circumstances exist, such as extreme
topographical features and/or irregular shaped lots (such as those which front on cul-de-sacs), the
planning director may approve the application of a reduced side yard adjacent to a reduced side
yard, subject to the following condition:
b.
69- 1. A minimum of ten feet between buildings shall be
maintained. w w 2. Corner lots and reversed comer lots shall have the following side yards:
a. On the side lot line which adjoins another lot, the side yard shall be
equal to ten percent of the lot width; provided that such side yard shall not be less than five feet
in width and need not exceed ten feet;
On the side street, the width of the required side yard shall be ten
feet and such side yard shall extend the full length of the lot. (Ord. 1256 9 7 (part), 1982; Ord.
9343 0 3,1973: Ord. 9060 0 603)
69 b.
2 1.12.0560 Placement of buildings.
($9 1. Interior Lots:
69 m
A. Placement of buildings on any lot shall conform to the following:
a.
b.
No building shall occupy any portion of a required yard,
Any building, any portion of which is used for human habitation,
shall observe a distance from any side lot line the equivalent of the required side yard on such lot
and from the rear property line the equivalent of twice the required side yard on the same lot,
The distance between buildings used for human habitation and
between buildings used for human habitation and accessory buildings shall be not less than ten
feet,
d. All accessory structures shall comply with the following
development standards:
69 The lot coverage shall include accessory structures in the
lot coverage calculations for the lot, w ii. The distance between buildings used for human habitation
and accessory buildings shall be not less than ten feet, @3 iii. When proposed on a lot adjoining native vegetation,
accessory structures within a fire suppression zone must be reviewed and approved by the fire
department,
# iv. Accessory buildings, by definition, do not share a common
wall with the main dwelling unit structure, e9 v. Buildings shall not exceed one story,
e9 vi. Building height shall not exceed fourteen feet if a minimum
roof pitch of 3: 12 is provided or ten feet if less than a 3:12 roof pitch is provided, (3 e. Second dwelling units constructed above detached garages, located
within a lot’s buildable area, pursuant to Section 2 1.10.04430.E.4. @)@o of this title are not
subject to the one-story/fourteen-foot height limitation imposed on accessory structures, 6-e f. Habitable detached accessory structures shall comply with all
requirements of the zone applicable to placement of a dwelling unit on a lot including setbacks, w g. Detached accessory structures, which are not dwelling units and
contain no habitable space, including but not limited to garages, workshops, tool sheds, decks
over thirty inches above grade, and freestanding patio covers shall comply with the following
additional development standards when located within a lot’s required setback areas: 64- i. The maximum allowable building area per structure shall
not exceed a building coverage of four hundred forty square feet,
e c.
1.
/ 74
fet The following setbacks shall apply: A front yard setback of
twenty feet, a rear yard setback of five feet, a side yard setback of five feet, and an alley setback
of five feet,
0 The maximum plumbing drain size shall be one and one-
half inches in diameter so as to prohibit toilets, showers, bathtubs an other similar fixtures; 0- iv. The additional development standards listed above
(subsections 21.12.06OA.l.~.i through (e+% of this section) shall apply to the entire
subject accessory structure, not just the portion encroaching into a lot’s setback area, w The provisions of this section are applicable notwithstanding the
permit requirements contained in Section 18.04.015 of this code; e 2. Comer Lots and Reversed Comer Lots:
6% e3
ii.
iii.
...
h.
a.
b.
No building shall occupy any portion of a required yard,
The distance between buildings used for human habitation and
between buildings used for human habitation and accessory buildings shall be not less than ten
feet,
Any building, any portion of which is used for human habitation
shall observe a distance from the rear property line the equivalent of twice the required interior
side yard on such lot, 0 d. All accessory structures shall comply with the following
development standards: w The lot coverage shall include accessory structures in the
lot coverage calculations for the lot, w ii. The distance between buildings used for human habitation
and accessory buildings shall be not less than ten feet, w- iii. When proposed on a lot adjoining native vegetation,
accessory structures within a fire suppression zone must be reviewed and approved by the fire
department,
0- Accessory buildings, by definition, do not share a common
wall with the main dwelling unit structure, fef v. Buildings shall not exceed one story,
f4 Building height shall not exceed fourteen feet if a minimum
roof pitch of 3: 12 is provided or ten feet if less than a 3: 12 roof pitch is provided, b3 e. Second dwelling units constructed above detached garages, located
within a lot’s buildable area, pursuant to Section 21.10.04530.E.4. @@o of this title are not
subject to the one-story/fourteen-foot height limitation imposed on accessory structures, 6.e f. Habitable detached accessory structures shall comply with all
requirements of the zone applicable to placement of a dwelling unit on a lot including setbacks,
6-4 g. Detached accessory structures, which are not dwelling units and
contain no habitable space, including but not limited to garages, workshops, tool sheds, decks
over thirty inches above grade, and freestanding patio covers shall comply with the following
w c.
1.
iv.
vi.
additional development standards when located within a lot’s required setback areas: +e i. The maximum allowable building area per structure shall
not exceed a building coverage of four hundred forty square feet; w The following setbacks shall apply: A front yard setback of
twenty feet, a rear yard setback of five feet, a side yard setback of five feet, and an alley setback
of five feet,
ii.
@- The maximum plumbing drain size shall be one and one-
half inches in diameter so as to prohibit toilets, showers, bathtubs and other similar fixtures, @ iv. The additional development standards listed above
(subsections 21.12.060A.2.e.i through @j&i of this section) shall apply to the entire
subject accessory structure, not just the portion encroaching into a lot’s setback area,
0 h. The provisions of this section are applicable notwithstanding the
permit requirements contained in Section 18.04.015 of this code. (Ord. NS-355 $0 7, 8, 1996;
Ord. NS-243 $$ 8--10, 1993; Ord. 9060 $ 604)
iii.
**’
21.12.06zO Minimum lot area.
The minimum required area of a lot in the R-2 zone shall be not less than seven
thousand five hundred /7,5001 square feet?; except that when a lot is developed with a one-
family dwelling, the minimum required lot area shall be not less than six thousand (6,000)
square feet, unless otherwise shown on the zoning map. (Ord. 9336 6 4, 1972: Ord. 9060 9 605)
All legally existing R-2 zoned lots, as of December 1, 1986, may be developed
with a two-family dwelling regardless of the densitv allowed by the underlying general plan
designation if they can comply with all applicable development standards in effect at the
time of their development, and if the findings to exceed the growth management control
point density, as specified in Section 21.90.045 of this title, can be made.
A.
B.
21.12.08tJO Lot width.
A. In the R-2 zone, every lot created after the effective date of the ordinance codified
in this title shall maintain a width at the rear line of the required front yard of not less than the
following: H3 Lots required to have a minimum lot area of less than ten thousand square
feet, sixty feet;
69 Lots required to have a minimum lot area between ten thousand square
feet to, but not including twenty thousand square feet, seventy-five feet; w Lots required to have an area of twenty thousand square feet or more,
eighty feet. (Ord. 9060 $ 607)
1.
2.
3.
2 1.12.0920 Lot coverage.
than fifty percent of the area of a lot. (Ord. 9060 $ 608)
A. All buildings, including accessory buildings and structures, shall not cover more
e 0
ZONING ORDINANCE AMENDMENT
CHAPTER 21.16 - R-3 ZONE
STRIKE-OUT & UNDERLINE VERSION
Chapter 2 1.16
R-3 MULTIPLE-FAMILY
RESIDENTIAL, ZONE
21.16.010 Intent and purpose.
2 1.16.0420 Permitted uses.
91 IC; C\lQ I A. IV.V A U
21.16.0220 Building height.
21.16.034-0 Front yards.
21.16.0430 Side yards.
2 1.16.MfiO Placement of buildings.
2 1,16.0610 Minimum lot area.
21.16.0380 Lot width.
21.16.0890 Lot coverage.
21.10.010 Intent and purpose.
A. The intent and purpose of the R-3 Multiple-Family Residential Zone is to:
1. Implement the Residential Medium-High Density (RMH) and
Residential High Density (RH) land use desimations of the Carlsbad General Plan: and
2. Provide regulations and standards for the development of residential
dwellings, and other permitted or conditionally permitted uses, as specified in this chapter.
21.16.0420 Permitted uses.
In the R-3 zone, notwithstanding any other provision of this title, only the
4%4kwmg uses listed in Table A, below, itre shall be permitted,
al-kwed subiect to the requirements and development standards specified by this chapter, - and subject to the provisions of Chapter 21.44 governing off-street parking requirements+,
A.
(1) L*L
(2) ccc k 7, cT -
(IC> 2: 21-23 - .. ..
’I3’ ’ B.Termitted by conditional use permit, as indicated in Table A, shall
be subiect to the provisions of Chapters 21.42 and 21.50.
1. I
TABLE A
Permitted Uses
In the table, below, subiect to all applicable permitting and development reauirements of the
Municipal Code:
“P” indicates use is permitted
“CUP” indicates use is permitted with approval of a conditional use permit.
TABLE A, cont’d
Permitted Uses
Note:
1)
2)
3)
Private garages (defined: Sec. 21.04.150) shall accommodate not more than two cars per dwelline unit.
When associated with a two-family or multiple-family dwelling. accessory buildings shall not include
guest houses or accessory living quarters (defined: Sec. 21.04.16s).
One-family dwellings are permitted when developed as two or more detached units on one lot. Also. a
single one-family dwelling shall be permitted on anv legal lot that existed as of
JINSERT EFFECTIVE DATE OF ORDINANCE] , and which is designated and zoned for residential use. Any proposal
to subdivide land or construct more than one dwelling shall be subiect to the densi@ and intent of the underlving
residential land use designation. A conditional use permit is not required for a golf course if it is approved as part of a master plan for a 4) planned communi@ development.
Mobile homes must be certified under the National Mobilehome Construction and Safety Standards
Act of 1974 (42 U.S.C. Section 5401 et sea.) on a foundation system pursuant to Section 18551 of the State Health and 5)
Safety Code.
Public/auasi-public accessory utility buildings/facilities include, but are not limited to. water wells,
water storage. pump stations, booster stations. transmissionldistribution electrical substations, operating centers. gas
metering/regulating stations, or telephone exchanges. with the necessary accessory equipment incidental thereto. A parking lot/structure (commercial) is permitted with approval of a CUP when the lot on which it is
located in the R-3 zone abuts upon a lot zoned for commercial or industrial purposes.
6)
7)
21.16.0230 Building height.
701)
A. In the R-3 zone no building shall exceed a height of thirty-five feet. (Ord. 9060 0
2 1.16.0340 Front yard.
Every lot in the R-3 zone shall have a front yard of not less than twenty feet,
except that on key lots and lots which side upon commercially or industrially zoned property the
depth of the required front yard need not exceed fifteen feet. (Ord. 9060 3 702)
A.
21.16.0450 Side yards.
A. In the R-3 zone every lot shall have side yards as follows:
1. (3.3 Interior lots shall have a side yard on each side of the lot which side yard
has a width not less than ten percent of the width of the lot; provided, that such side yard shall be
not less than five feet in width and need not exceed ten feet;
(3
6%)
w
2. Corner lots and reversed comer lots shall have the following side yards:
a.
b.
On the side lot line which adjoins another lot, the side yard shall be
On the side street side the width of the required side yard shall be
the same as that required on an interior lot,
ten feet and said side yard shall extend the full length of the lot. (Ord. 9060 0 703)
21.16.mO Placement of buildings.
e-+ 1. Interior Lots:
6%) w
A. Placement of buildings on any lot shall conform to the following:
a.
b.
No building shall occupy any portion of a required yard,
Any building, any portion of which is used for human habitation
shall observe a distance from any side lot line the equivalent of the required side yard on such lot
and from the rear property line the equivalent of twice the required side yard on such lot,
The distance between buildings used for human habitation and
between buildings used for human habitation and accessory buildings shall be not less than ten
feet, m d. All accessory structures shall comply with the following
development standards:
0 The lot coverage shall include accessory structures in the
lot coverage calculations for the lot, e9 ii. The distance between buildings used for human habitation
and accessory buildings shall be not less than ten feet, @3 iii. When proposed on a lot adjoining native vegetation,
accessory structures within a fire suppression zone must be reviewed and approved by the fire
department, w Accessory buildings, by definition, do not share a common
wall with the main dwelling unit structure,
Buildings shall not exceed one story,
0 c.
i.
iv.
v.
f4 Building height shall not exceed fourteen feet if a minimum
roof pitch of 3: 12 is provided or ten feet if less than a 3 : 12 roof pitch is provided, @ e. Second dwelling units constructed above detached garages, located
within a lot’s buildable area, pursuant to Section 21.10.OM30.E.4. @o of this title are not
subject to the one-story/fourteen-foot height limitation imposed on accessory structures, w f. Habitable detached accessory structures shall comply with all
requirements of the zone applicable to placement of a dwelling unit on a lot including setbacks, w g. Detached accessory structures, which are not dwelling units and contain no habitable space, including but not limited to garages, workshops, tool sheds, decks
over thirty inches above grade, and freestanding patio covers shall comply with the following
additional development standards when located within a lot’s required setback areas: (3- 1. The maximum allowable building area per structure shall
not exceed a building coverage of four hundred forty square feet, w The following setbacks shall apply: A front yard setback of
twenty feet, a rear yard setback of five feet, a side yard setback of five feet, and an alley setback
of five feet,
@ The maximum plumbing drain size shall be one and one-
half inches in diameter so as to prohibit toilets, showers, bathtubs an other similar fixtures; @ iv. The additional development standards listed above
(subsections 21.16.060A.l.e.i through @iiJ of this section) shall apply to the entire
subject accessory structure, not just the portion encroaching into a lot’s setback area.
0 The provisions of this section are applicable notwithstanding the
permit requirements contained in Section 18.04.015 of this code; 0 2. Corner Lots and Reversed Comer Lots: 0 @9
vi.
ii.
iii.
.’*
h.
a.
b.
No building shall occupy any portion of a required yard,
The distance between buildings used for human habitation and
between buildings used for human habitation and accessory buildings shall be not less than ten
feet,
Any building, any portion of which is used for human habitation
shall observe a distance from the rear property line the equivalent of twice the required interior
side yard on such lot, w d. All accessory structures shall comply with the following
development standards:
faf The lot coverage shall include accessory structures in the
lot coverage calculations for the lot, e) ii. The distance between buildings used for human habitation
and accessory buildings shall be not less than ten feet, @ iii. When proposed on a lot adjoining native vegetation,
accessory structures within a fire suppression zone must be reviewed and approved by the fire
department, w Accessory buildings, by definition, do not share a common
wall with the main dwelling unit structure,
Buildings shall not exceed one story,
Building height shall not exceed fourteen feet if a minimum
e c.
i.
iv.
v.
vi. fef f4 roof pitch of 3: 12 is provided or ten feet if less than a 3:12 roof pitch is provided,
633 e. Second dwelling units constructed above detached garages, located
within a lot’s buildable area, pursuant to Section 21.10.04430.E.4. of this title are not
subject to the one-story/fourteen-foot height limitation imposed on accessory structures, w f. Habitable detached accessory structures shall comply with all
requirements of the zone applicable to placement of a dwelling unit on a lot including setbacks,
g. Detached accessory structures, which are not dwelling units and
contain no habitable space, including but not limited to garages, workshops, tool sheds, decks
over thirty inches above grade, and freestanding patio covers shall comply with the following
additional development standards when located within a lot’s required setback areas: fitf 1. The maximum allowable building area per’ structure shall
not exceed a building coverage of four hundred forty square feet,
0 The following setbacks shall apply: A front yard setback of
twenty feet, a rear yard setback of five feet, a side yard setback of five feet, and an alley setback
of five feet,
0 iii. The maximum plumbing drain size shall be one and one-
half inches in diameter so as to prohibit toilets, showers, bathtubs and other similar fixtures,
iv. The additional development standards listed above
of this section) shall apply to the entire (subsections
subject accessory structure, not just the portion encroaching into a lot’s setback area,
0 h. The provisions of this section are applicable notwithstanding the
permit requirements contained in Section 18.04.015 of this code. (Ord. NS-355 $0 9, 10, 1996;
Ord. NS-243 $9 11--13, 1993; Ord. 9060 $ 704)
ii.
*‘* 21.16.060A.2.2.i through w
21.16.0620 Minimum lot area.
The minimum required area of a lot in the R-3 zone shall be not less than seven
thousand five hundred square feet, unless otherwise shown on the zoning map. (Ord. 9336 $ 5,
1972: Ord. 9060 $705)
A.
21.16.03t30 Lot width.
Every lot created after the effective date of the ordinance codified in this chapter,
shall maintain a width not less than fifty feet at the rear line of the required front yard; provided,
however, if the zoning map indicates a minimum required area of six thousand square feet or
more, the minimum width of a lot shall be not less than sixty feet at the rear line of the required
front yard. (Ord. 9060 $707)
A.
21.16.0890 Lot coverage.
than sixty percent of the area of a lot. (Ord. 9060 $708)
A. All buildings, including accessory buildings and structures, shall not cover more
ZONING ORDINANCE AMENDMENT
CHAPTER 21.18 - R-P ZONE
STRIKE-OUT & UNDERLINE VERSION
Chapter 2 1.18
R-P RESIDENTIAL PROFESSIONAL ZONE*
tse&€ms
21.18.010 Intent and purpose.
2 1.18.020 Permitted uses-.
21.18.0530 Development standards.
2 1.1 8.0@0 * Prior ordinance history: Ord. 9060 $9 800--808 as amended by Ords. 9224 and 9336.
Special conditions and standards.
21.18.010 Intent and purpose.
A. The intent and purpose of the R-P residential- professional zone is to:
1. Implement the Office and Related Commercial (O), Residential
Medium-High Density (RMH) and Residential High density (RH) land use designations of
the Carlsbad General Plan: and w Provide areas for the development of certain low-intensity business and
professional offices and related uses in locations in conjunction with or adjacent to residential
areas; and # - 3. Provide transitional light traffic-generating commercial areas between
established residential areas and nearby commercial or industrial development:; and (Ord. 9391
Provide regulations and standards for the development of office and
residential uses, and other permitted or conditionally permitted uses, as specified in this
chapter.
2.
3 1 (part), 1974)
4.
21.18.020 Permitted uses -.
In the R-P zone, notwithstanding any other provision of this title, only the
#iAewmg uses listed in Tables A and B, below, ftfe shall be permitted, subject to
the requirements and development standards specified by &this chapter, and
subiect to 12 2i.41 ad the provisions of Chapter
21.44 governing off-street parking requirements+;
A.
(!? ?P ..
C? j- R 3 z- ..
(!% 2 ..
.Y ? 21 K7 !30 - .. ..
.4J.
1=7Q< F 1- F 3 \ 1g7.w n7$&+&
2 2A 2 * Y JY
B.
C.
The uses permitted by conditional use permit, as indicated in Tables A and
B, shall be subiect to the provisions of Chapters 21.42 and 21.50.
Uses similar to those listed in Tables A and B may be permitted if the
planning director determines such similar use falls within the intent and purpose of this
zone, and is substantially similar to a specified permitted use.
A use category may be Peneral in nature, where more than one particular use
fits into the general category (ex. in some commercial zones “offices” is a general use
category that applies to various office uses). However, if a particular use is permitted by
conditional use permit in any zone, the use shall not be permitted in a zone (even under a
general use category), unless it is specifically listed in the zone as permitted or conditionally
permitted.
D.
TABLE A
Uses Permitted when the R-P Zone
Implements the 0 Land Use Designation
In the table, below, subject to all applicable permitting and development requirements of the
Municipal Code:
0
0
“P” indicates use is permitted
“CUP” indicates use is permitted with approval of a conditional use permit.
TABLE A, cont’d
Uses Permitted when the R-P Zone
Jote:
1) Accessow uses shall be developed as an integral part of a permitted use within or on the same
structure or parcel of land.
2) A conditional use permit is not reauired for a eolf course if it is approved as part of a master plan for a
planned communitv development.
Public/auasi-public accessow utility buildingdfacilities include. but are not limited to, water wells,
water storage, pump stations, booster stations, transmissionldistribution electrical substations, operating centers. gas
meteringlregulating stations, or neighborin9 telephone exchanges, with the necessaw accessow eauipment incidental
3)
- thereto.
TABLE B
Uses Permitted when the R-P Zone
TABLE B, cont’d
Uses Permitted when the R-P Zone
Jote:
1)
2)
3)
Private earages (defined: Sec. 21.04.150) shall accommodate not more than two cars Der dwelline unit.
When associated with a two-familv or multiple-familv dwelling, accessory buildines shall not include
puest houses or accessory living quarters (defined: See. 21.04.165).
One-familv dwellines are permitted when developed as two or more detached units on one lot. Also. a
single one-family dwelling shall be permitted on any leeal lot that existed as of
JlNSERT EFFECTIVE DATE OF ORDINANCE1 , and which is designated and zoned for residential use. Anv proposal
to subdivide land or construct more than one dwelling shall be subiect to the densitv and intent of the underlying
residential land use designation.
4)
5)
6)
A two-family dwelling shall not be permitted within the RH land use designation.
A conditional use permit is not required for a eolf course if it is approved as part of a master plan for a
planned communitv development. Mobile homes must be certified under the National Mobilehome Construction and Safetv Standards
Act of 1974 (42 U.S.C. Section 5401 et sea.) on a foundation system pursuant to Section 18551 of the State Health and
Safetv Code.
Public/auasi-public accessory utili@ buildines/facilities include, but are not limited to, water wells,
water storaee, pump stations, booster stations, transmission/distribution electrical substations, operatine centers. eas
metering/reeulatine stations, or neiehborine telephone exchanees, with the necessary accessow esubment incidental
thereto.
7)
21.18.0520 Development standards.
A. Subject to the general development standards of Chapters 2 1.41 and 2 1.44, no lot
shall be created or structure constructed in the R-P zone that does not conform to the following
specific standards: w Lot Area Minimum. In the R-P zone the minimum area of all lots hereafter
created shall be seven thousand five hundred square feet.
0- Lot Width Minimum. Every lot hereafter created in the R-P zone shall
maintain a minimum lot width at the rear line of the required front yard on the basis of the
following:
1.
2.
Lot Area Required Width
Less than 10,000 sq. ft.
Less than 20,000 sq. ft.
More than 20,000 sq. ft.
60 feet
75 feet
80 feet
(3- 3. Front Yard. Every lot in the R-P zone shall have a front yard of not less
than twenty feet in depth, except key lots which side upon commercially or industrially-zoned
property shall maintain a front yard of not less than fifteen feet.
f4f w 4. Side Yard. In the R-P zone every lot shall have side yards as follows:
a. Interior lots shall have side yards that have width equal to ten
percent of the lot width, provided that such side yard shall not be less than five feet in width and
need not exceed ten feet in width.
Corner lots shall have a side yard on the side lot line adjacent to
another lot of a width within the limitations for an interior lot above and a side yard adjacent to
the street of ten feet.
Rear Yard. In the R-P zone every lot shall have a rear yard of a depth
equal to twenty percent of the lot width, provided that such rear yard need not exceed twenty
feet.
6. Separation of Buildings. In addition to the required yards, buildings shall
be set as follows:
w b.
fst 5.
e+
6% a. Minimum distance between habitable buildings, ten feet; w b. Minimum distance between habitable buildings and accessory
structures, ten feet;
(qj 7. All accessory structures shall comply with the following development
standards:
# a. The lot coverage shall include accessory structures in the lot
coverage calculations for the lot,
@ b. The distance between buildings used for human habitation and
accessory buildings shall be not less than ten feet, e+ c. When proposed on a lot adjoining native vegetation, accessory
structures within a fire suppression zone must be reviewed and approved by the fire department,
@)
# e. Buildings shall not exceed one story,
f4
fa
d. Accessory buildings, by definition, do not share a common wall
with the main dwelling unit structure,
f. Building height shall not exceed fourteen feet if a minimum roof
pitch of 3: 12 is provided or ten feet if less than a 3: 12 roof pitch is provided,
Second dwelling units constructed above detached garages, located within
a lot’s buildable area, pursuant to Section 21.10. 04430.E.4. &@jo of this title are not subject
to the one-story/fourteen-foot height limitation imposed on accessory structures.;, w 9. Habitable detached accessory structures shall comply with all
requirements of the zone applicable to placement of a dwelling unit of a lot including setbacks, w Detached accessory structures, which are not dwelling units and contain
no habitable space, including but not limited to garages, workshops, tool sheds, decks over thirty
inches above grade, and freestanding patio covers shall comply with the following additional
development standards when located within a lot’s required setback areas:
a. The maximum allowable building area per structure shall not
exceed a building coverage of four hundred forty square feet, b. The following setbacks shall apply: A fi-ont yard setback of twenty
feet, a rear yard setback of five feet, a side yard setback of five feet, and an alley setback of five
feet,
@3 The maximum plumbing drain size shall be one and one-half
inches in diameter so as to prohibit toilets, showers, bathtubs and other similar fixtures, ftIf d. The additional development standards listed above (subsections
21.18.040A.lO.a through 0s of this section) shall apply to the entire subject
accessory structure, not just the portion encroaching into a lot’s setback area,
The provisions of this section are applicable notwithstanding the permit
requirements contained in Section 18.04.01 5 of this code;
Except for an accessory structure which is not a dwelling unit and contains
no habitable space and complies with the development standards specified in this chapter, no
building shall be located in any of the required yards.
13. Height Limits. In the R-P zone the maximum building height shall be
thirty-five feet.
14. Lot Coverage. In the R-P zone all buildings shall not cover more than
sixty percent of the total lot area.
15. Parking Off-street. Parking shall not be provided in the required front or
side yards. (Ord. NS-243 $9 14--16, 1993; Ord. NS-240 9 1, 1993; Ord. 9606 0 1 (part), 1981;
Ord. 9391 $ 1 (part), 1974)
8.
10.
w
w-
c.
ftu)
@
11.
12.
f3f
fst
fsf
21.1 S.O@O Special conditions and standards.
In addition to the established development standards, when applicable the
following conditions shall be met: e3 1. Outside Display and Storage. No outdoor display of products or storage
shall be permitted. 69- 2. Residential Structure Conversion. All existing residential structures
converted to commercial purposes shall be brought into conformance with all the requirements
of this title and Title 18 of this code.
A.
f3f 3. Walls. Any lot proposed for nonresidential development which adjoins a
lot located in a residential zone district shall have a solid masonry wall of six feet in height
installed along the common lot line, except in the front yard area where the wall shall be reduced
to forty-two inches in height.
4. Enclosure of Activities. All nonresidential uses shall be located in a
completely enclosed building. (Ord. 9391 9 1 (part), 1974) f4f
..
ZONING ORDINANCE AMENDMENT
CHAPTER 21.22 - R=W ZONE
STRIKE-OUT & UNDERLINE VERSION
Chapter 21.22
R-W RESIDENTIAL WATERWAY ZONE
21.22.010 Intent and purpose.
31 33 nic
21.22.0420 Permitted uses.
31 ~ni/r
&I.AL.VIJ
L I .*A.VLU
21.22.0230
21.22.w-0
21.22.0450
21.22.0560
21.22.0620
21.22.07go
21.22.0890
21.22.89ZO
21.22.MlJO
Building height-
Front yard.
Side yard.
Rear yard.
Accessory structures.
Minimum lot area.
Lot width.
Lot coverage.
Waterway access.
21.22.010 Intent and purpose.
The intent and purpose of the R-W Residential Waterway zone is to: A.
1.
2.
3.
Implement the Residential High Densitv (RH) land use designation of
Provide an area in which residential development centered about a
Provide regulations and standards for the development of residential
the Carlsbad General Plan: and
navigable waterway may be accommodated: and
dwellinps, and other permitted or conditionally permitted uses, as specified in this chapter.
21.22.01-20 Permitted uses.
In an R-W zone, notwithstanding any
other provision of this title, only Tthe 4klhvmg uses listed in Table A, below, shall be
permitted
subiect to the requirements and development standards specified bv this chapter, and
subiect to the provisions of Chapter 21.44 governing off-street parkinp requirementst.
A.
th LllV
\ 1a-J 07gC R 11 1 Y AI9 A 9 A’ > 1U.” J
B. The uses permitted by conditional use permit, as indicated in Table A, shall
be subject to the provisions of Chapters 21.42 and 21.50.
TABLE A
Permitted Uses
In the table, below, subiect to all applicable permittine and development requirements of the
Municipal Code:
0
0
66* indicates use is permitted
“CUP” indicates use is permitted with approval of a conditional use permit.
Note:
1) 2)
3)
41
Private garages (defined: Sec. 21.04.150) shall accommodate not more than two cars per dwelling unit.
When associated with a two-family or multiple-family dwellinp, accessory buildings shall not include
guest houses or accessory living quarters (defined: Sec. 21.04.165).
Boat launching and docking facilities are permitted only for the sole use of residents of any subdivision
in which the facilitv is located, and which is within the R-W zone.
One-family dwellings are permitted when developed as two or more detached units on one lot. Also, a
single one-family dwelling shall be permitted on any legal lot that existed as of
JINSERT EFFECTIVE DATE OF ORDINANCE] , and which is designated and zoned for residential use. Any proposal
to subdivide land or construct more than one dwelling shall be subiect to the densitv and intent of the underlying
residential land use desipnation.
A conditional use permit is not required for a golf course if it is approved as Dart of a master plan for a
planned community development.
Mobile homes must be certified under the National Mobilehome Construction and Safetv Standards
Act of 1974 (42 U.S.C. Section 5401 et seq.) on a foundation system pursuant to Section 18551 of the State Health and
Safetv Code. Publidquasi-public accessory utility buildings/facilities include. but are not limited to, water wells,
water storage. pump stations, booster stations. transmission/distribution electrical substations, operating centers, Pas
meterinP/reeulating stations, or telephone exchanges. with the necessary accessory equipment incidental thereto.
5)
6)
7)
133c\1< 1 .*I." 1 d
31 33mL A 1 .*I." 1"
31 1nn1<&&&
21.22.0230 Building height.
NS-180 9 15,1991: Ord. 9189 $1 (part): Ord. 9060 9 951)
A. No building in the R-W zone shall exceed a height of thirty-five =feet. (Ord.
21.22.0340 Front yard.
l(part): Ord. 9060 8 952)
A. Every lot shall have a front yard of not less than ten feet in depth. (Ord. 9189 9
21.22.0450 Side yard.
A.
four feet in width;
Every lot shall have side yards as follows:
1.
2.
w
69 e9
@9
Interior lots shall have a side yard on each side of the lot of not less than
Comer lots and reversed comer lots shall have the following side yards:
a.
b.
On the side lot line which adjoins another lot, the side yard shall be
On the side street side the width of the required side yard shall be
the same as that required on an interior lot,
eight feet. (Ord. 9189 3 1 (part); Ord. 9060 3 953)
21.22.0550 Rear yard.
(part): Ord. 9060 8 954)
A. There shall be a rear yard of not less than eight feet in depth. (Ord. 9189 9 1
2 1.22.06zO Accessory structures.
A. All accessory structures shall comply with the following development standards:
1.
2.
3.
4.
w
0
e
w
@9 5. Buildings shall not exceed one story. e
w
The lot coverage shall include accessory structures in the lot coverage
The distance between buildings used for human habitation and accessory
When proposed on a lot adjoining native vegetation, accessory structures
Accessory buildings, by definition, do not share a common wall with the
calculations for the lot.
buildings shall be not less than ten feet.
within a fire suppression zone must be reviewed and approved by the fire department.
main dwelling unit structure.
6.
7.
Building height shall not exceed fourteen feet if a minimum roof pitch of
3: 12 is provided or ten feet if less than a 3: 12 roof pitch is provided.
Second dwelling units constructed above detached garages, located within
a lot’s buildable area, pursuant to Section 21.10.01530.E.4. @o of this title are not subject
to the one-story/fourteen-foot height limitation imposed on accessory structures.
Habitable detached accessory structures shall comply with all requirements of the
zone applicable to placement of a dwelling unit on a lot including setbacks.
Detached accessory structures, which are not dwelling units and contain no
habitable space, including but not limited to garages, workshops, tool sheds, decks over thirty
inches above grade, and freestanding patio covers shall comply with the following additional
development standards when located within a lot’s required setback areas: w The maximum allowable building area per structure shall not exceed a
building coverage of four hundred forty square feet.
@ The following setbacks shall apply: A front yard setback of twenty feet, a
rear yard setback of five feet, a side yard setback of five feet, and an alley setback of five feet.
0 The maximum plumbing drain size shall be one and one-half inches in
diameter so as to prohibit toilets, showers, bathtubs and other similar fixtures. w 4. The additional development standards listed above (subsections 0
21.22.07OC.l. through (@ of this section) shall apply to the entire subject accessory structure,
not just the portion encroaching into a lot’s setback area. 0 D. The provisions of this section are applicable notwithstanding the permit
requirements contained in Section 18.04.015 of this code. (Ord. NS-355 $ 13, 1996: Ord. NS-243 9 18,1993: Ord. 9819 9 1 (part): Ord. 9060 $955)
@ B.
C.
1.
2.
3.
2 1.22.0380 Minimum lot area.
thousand square feet. (Ord. 9336 $ 9,1972: Ord. 9189 $1 (part): Ord. 9060 $ 956)
A. The minimum required area of a’lot in the R-W zone shall not be less than five
21.22.0820 Lot width.
required front yard. (Ord. 9189 $ 1 (part): Ord. 9060 5 958)
A. Every lot shall have a width of not less than forty feet at the rear line of the
21.22.89UO Lot coverage.
than seventy-five percent of the area of the lot. (Ord. 9189 0 1 (part): Ord. 9060 0 959)
A. All buildings, including accessory buildings and structures, shall not cover more
2 1.22.MlJO Waterway access.
A. Not less than seventy percent in number of the R-W zoned lots in any subdivision
in an R-W zone shall have direct access to a navigable waterway.
B. For each twenty lots or portion thereof without direct access to a navigable
waterway, there shall be provided a boat launching facility within the subdivision on an R-W
zoned lot which does have direct access to a navigable waterway. The area of such lot not
utilized for the boat launching facility shall be improved for parking and shall conform to the
requirements of Sections 21.44.4280 and 21.44.2100.
C. "Direct access" for the purpose of this section shall mean that at least twenty feet
or one-half, whichever is the longer, of a side or rear lot line shall border upon such navigable
waterway.
D. "Navigable waterway" for the purpose of this section means an ocean inlet or
lagoon, or other arm of the sea, actually usable for boating; and any channel actually usable for
boating and docking facilities connecting with an ocean inlet or lagoon or other arm of the sea.
(Ord. 9189 0 1 (part): Ord. 9060 0 961)
ZONING ORDINANCE AMENDMENT
CHAPTER 21.24 - RD-M ZONE
STRIKE-OUT & UNDERLINE VERSION
Chapter 21.24
RD-M RESIDENTIAL
DENSITY-MULTIPLE ZONE
se6tkms
21.24.010 Intent and purpose.
2 1.24.0420 Permitted uses.
31 3A fl3C *l.l I.WL.-r
21.24.030 Building height.
21.24.040 Front yard.
21.24.050 Side yard.
21.24.060 Setbacks--Subterranean parking.
21.24.070 Rear yard.
21.24.080
21.24.090 Accessory structures.
21.24.100 Lot area.
2 1.24.1 10 Lot coverage.
21.24.1320 Lot width.
21.24.1530 Improvements required.
21.24.1690
Yards--Structures over thirty-five feet in height.
Special conditions for certain lots.
21.24.010 Intent and purpose.
A. The intent and purpose of the RD-M Residential Density-Multiple zone is to:
1. Implement the Residential Medium Densitv (RM), Residential
Medium-High Density (RMH), and Residential High Density (RH) land use designations of
the Carlsbad General Plan: and
Provide regulations and standards for the development of residential
dwellings, and other permitted or conditionally permitted uses, as specified in this chapter.
2.
2 1.24.0420 Permitted uses.
In the RD-M zone, notwithstanding any other
provision of this title, only the uses listed in Table A, below, shall be permitted, subject to
the requirements and development standards specified by this chapter. and subject to the
provisions of Chapter 21.44 poverning off-street parking requirements:
(2) TV
B. The uses permitted by conditional use permit, as indicated in Table A, shall
be subiect to the provisions of Chapters 21.42 and 21.50.
21.04.048)
CamDsites (overnight), subiect to Sec. 21.42.010(2)m
_Cemeteries X
Child dav care center, subiect to Cham 21.83 (defined: Sec. 21.04.086)
Churches X
Dwelline, one-familv (see notes 2 and 3. below) (defined: Sec. 21.04.1251
X
X
X
Dwelling, two-familv [defined: Sec. 21.04.130)
Dwelling, multiple-familv, subiect to Sec. 21.53.120 if more than 4 units are
X
X -
Residential care facilities (serving more than six uersons), subiect to Sec. X -
TABLE A, cont'd
Permitted Uses
Note:
guest houses or accessory living Quarters (defined: Sec. 21.04.165).
1)
2) 3)
When associated with a two-family or multiple-family dwelling. accessory buildings shall not include
Within the RM land use designation, a one-family dwellinelsubdivision is permitted.
Within the RMH and RH land use designations, one-family dwellings are permitted when developed as
two or more detached units on one lot. Also, a single one-family dwelling shall be permitted on any legal lot that existed
as of [INSERT EFFECTIVE DATE OF ORDINANCE1 , and which is designated and zoned for residential use. Anv
proposal to subdivide land or construct more than one dwelling shall be subiect to the densitv and intent of the
underlying residential land use designation.
A conditional use permit is not required for a golf course if it is approved as part of a master Dlan for a
planned communitv development. Mobile homes must be certified under the National Mobilehome Construction and Safetv Standards
Act of 1974 (42 U.S.C. Section 5401 et sea.) on a foundation system pursuant to Section 18551 of the State Health and
Safetv Code. Publiclauasi-public accessory utilitv buildinps/facilities include, but are not limited to, water wells,
water storage, pump stations, booster stations, transmission/distribution electrical substations, operating centers, gas
metering/regulating stations. or telephone exchanges, with the necessary accessory equipment incidental thereto.
4)
5)
6)
21.24.030 Building height.
$ 1 (part), 1970: Ord. 9060 0 972)
A. No building shall exceed a height of thirty-five feet. (Ord. 9534, 1979: Ord. 9251
2 1.24.040 Front yard.
There shall be a front yard of not less than twenty feet in depth with exceptions as
follows: * 1. Fifteen feet shall be permitted providing carport or garage openings do not
face onto the front yard;
# 2. Ten feet shall be permitted providing carport or garage openings do not face onto the front yard and, that the remaining front yard is landscaped with a combination of
flowers, shrubs, trees, and irrigated with a sprinkler system. Landscape plans and irrigation
system plans shall be approved by the planning director prior to issuance of a building permit for
a proposed structure. (Ord. 1256 0 13 (part), 1982; Ord. 9251 0 1 (part), 1970: Ord. 9060 $973)
A.
21.24.050 Side yard.
A.
five feet in width;
Every lot shall have side yard as follows:
1.
2.
#
# w
Interior lots shall have a side yard on each side of the lot of not less than
Corner lots and reversed corner lots shall have side yards as follows:
a.
b.
On the side lot line which adjoins another lot, the side yard shall be
the same as that required on an interior lot,
On any side of a lot which is adjacent to a street, the side yard shall
be ten feet, with exception that: the required ten-foot side yard abutting a street may be reduced
to five feet, providing parking spaces do not open directly onto the street and, that the side yard
is landscaped and maintained as prescribed in Section 2 1.24.040. e3 A zero foot side yard setback shall be permitted to one interior side yard,
provided: w a. That the owners of both lots common to the proposed zero side
yard are in agreement with the concept,
(39 b. That a specific plan is filed with the city for approval, showing the
proposed building locations, parking, and side yard areas for both lots, e c. That the remaining side yard shall be not less than twenty-five
percent of the total lot width measured at the front setback line. (Ord. 9251 0 1 (part), 1970: Ord.
9060 0 974)
3.
2 1.24.060 Setbacks--Subterranean parking.
Zero foot setback for subterranean parking shall be permitted provided the
required setbacks for the dwelling structure are landscaped and maintained as prescribed in
Section 21.24.040. (Ord. 9251 $ 1 (part), 1970: Ord. 9060 0 975)
A.
a03
21.24.070 Rear yard.
1970: Ord. 9060 3 976)
A. There shall be a rear yard of not less than ten feet in depth. (Ord. 9251 3 1 (part),
21.24.080 Yards--Structures over thirtyfive feet in height.
A. The above specified yard requirements apply only to those structures up to a
height of thirty-five feet. For any other structure which has had its height increased by approval
of a specific plan, the yards shall be increased at a ratio of one and one-half additional foot
horizontally, for each eight feet of vertical construction. (Ord. 9251 3 1 (part), 1970: Ord. 9060 5
977)
21.24.090 Accessory structures.
A. All accessory structures shall comply with the following development standards:
1. The lot coverage shall include accessory structures in the lot coverage
2. The distance between buildings used for human habitation and accessory
3. When proposed on a lot adjoining native vegetation, accessory structures
4. Accessory buildings, by definition, do not share a common wall with the
fpt)
@9
e3
e)
@4 5. Buildings shall not exceed one story. e9 6. Building height shall not exceed fourteen feet if a minimum roof pitch of
3: 12 is provided or ten feet if less than a 3: 12 roof pitch is provided.
(6j B. Second dwelling units constructed above detached garages, located within a lot’s buildable area, pursuant to Section 21.10.04430.E.4. of this title are not subject to the
one-story/fourteen-foot height limitation imposed on accessory structures.
Habitable detached accessory structures shall comply with all requirements of the
zone applicable to placement of a dwelling unit on a lot including setbacks.
Detached accessory structures, which are not dwelling units and contain no
habitable space, including but not limited to garages, workshops, tool sheds, decks over thirty
inches above grade, and freestanding patio covers shall comply with the following additional
development standards when located within a lot’s required setback areas:
The maximum allowable building area per structure shall not exceed a
building coverage of four hundred forty square feet.
The following setbacks shall apply: A front yard setback of twenty feet, a
rear yard setback of five feet, a side yard setback of five feet, and an alley setback of five feet.
The maximum plumbing drain size shall be one and one-half inches in
diameter so as to prohibit toilets, showers, bathtubs and other similar fixtures.
21.24.090D.l through (03 of this section) shall apply to the entire subject accessory structure,
not just the portion encroaching into a lot’s setback area.
(4) E. The provisions of this section are applicable notwithstanding the permit
requirements contained in Section 18.04.015 of this code. (Ord. NS-355 3 14, 1996: Ord. NS-243 3 19,1993: Ord. 9251 3 1 (part), 1970: Ord. 9060 3 978)
calculations for the lot.
buildings shall be not less than ten feet.
within a fire suppression zone must be reviewed and approved by the fire department.
main dwelling unit structure.
(2) C.
@ D.
fpt)
@9
e
w 4. The additional development standards listed above (subsections
1.
2.
3.
2 1.24.100 Lot area.
The minimum required area of a lot in the RD-M zone, when the zone
implements the RM land use designation, shall be as follows:
1. For one-family dwellings: a lot area not less than six thousand (6,000)
square feet.
2. For two-family and multiple dwellings: a lot area not less than ten
thousand (10,000) square feet, except that the ioininp of two smaller lots shall be permitted
although their total area does not equal the required lot area.
The minimum lot area of a lot in the RD-M zone, when the zone implements
the RMH or RH land use designations, shall not be less than ten thousand (10,000) square - feet , except that the joining of &two smaller lots shall be permitted although
their total area does not equal the required lot area.
A.
B.
2 1.24.1 10 Lot coverage.
the lot than sixty percent. 7 A. All buildings, including accessory buildings and structures, shall cover no more-of
c;
Q;
............................... I1 ........... .UI
(Ord. 9251 0 1 (part), 1970: Ord. 9060 0 980)
21.24.1320 Lot width.
required front yard. (Ord. 9251 0 1 (part), 1970: Ord. 9060 0 982)
A. Every lot shall have a width of not less than sixty feet at the rear line of the
.. 21.24.1530 Improvements required.
Prior to an occupancy permit being issued by the fi
communi@ development director for any new units constructed in the RD-M zone, it shall be
necessary for the developer to upgrade or install those public improvements deemed necessary
for public convenience and necessity.
Improvements as may be required by the city engineer shall be constructed to city
standards and specifications.
In such case where there are not adjacent improvements or official street grade
has not been established, the city engineer may recommend to the city council that a hture street
improvement agreement be entered into. (Ord. 1261 6 41, 1983; Ord. 9251 6 1 (part), 1970: Ord.
9060 8 984)
A.
B.
C.
21.24.1aO Special conditions for certain lots.
In approving a site development plan, planned development permit, tentative map
or other discretionary permit, for a property located in the RD-M zone and adjacent to an R-1
zone, the planning commission or city council may impose special conditions or requirements
that include but are not limited to provisions for the following:
A.
1.
2.
3. Additional landscaping;
4. Signs, fences and walls;
5. Special grading restrictions;
6.
7.
8.
Special setbacks, yards, open space;
Special height and bulk of building regulations;
Regulation of point of ingress and egress;
Compatibility with surrounding properties and land uses;
Such other conditions as deemed necessary to ensure conformity with the
general plan and other adopted policies, goals or objectives of the city. (Ord. NS-186 4 1, 1991)
ZONING ORDINANCE AMENDMENT
CHAPTER 21.37 - RAIHP ZONE
STRIKE-OUT & UNDERLINE VERSION
Chapter 21.37
RM" RESIDENTIAL
MOBILE HOME PARK ZONE
sk&iMls
21.37.010
21.37.020
21.37.030
21.37.040
21.37.050
21.37.060
21.37.070
21.37.080
21.37.090
2 1.37.100
21.37.1 10
21.37.120
21.37.130
21.37.010
Intent and purpose.
Permitted uses.
Permit required.
Application.
Transmittal to the planning commission.
Planning commission report.
City council determination.
Final mobile home park plan.
Design criteria.
Development standards.
Removal of mobile home park zone.
Conversion.
Waiver of tentative and final map for mobile home park conversions.
Intent and purpose.
A. The intent -and purpose of the mobile home park zone is to:
1.
2.
(33 Provide locations where mobile homes and mobile home parks may be
established, maintained and protected;
0 Provide a means to regulate and control the conversion of existing mobile
home parks to another use; w 3. Promote and encourage an orderly residential environment with
appropriate physical amenities; f4f 4. Implement the goals and objectives of the general plan, espeedy
including all residential land use designations and the housing element. (Ord. 9564 § 2 (part),
1980)
21.37.020 Permitted uses.
A. In an RMHP zone, notwithstanding any other provision of this title, only the
uses listed in Table A, below, shall be permitted, subiect to the requirements and
development standards specified by this chapter, and subiect to the provisions of Chapter
21.44 governing off-street parking requirements.
B. The uses permitted by conditional use permit, as indicated in Table A, shall
be subiect to the provisions of Chapters 21.42 and 21.50.
TABLE A
Permitted Uses I In the table, below, subject to all applicable requirements of the Municipal Code:
Note:
A conditional use permit is not rewired for a polf course if it is approved as Dart of a master plan for a
planned communitv development.
A mobile home park may be a condominium, planned unit development. or rental Dark consisting of
mobile homes. Subiect to the provisions of Section 18551 of the California Health and Safety Code, mobile homes mav be
placed on permanent foundation systems in condominium or planned-unit development parks. Subject to the provisions
of Sections 18551.1 and 18611 of the California Health and Safety Code mobile homes and factory-built houses may be
placed on permanent foundation systems in any mobile home park for which a permit was issued after January 1.1982
and designated to accommodate homes on permanent foundation systems.
Publiclauasi-public accessory utility buildines/facilities include, but are not limited to, water wellsa
water storage. pump stations, booster stations, transmissionldistribution electrical substations, operating centers, pas
meterinelreeulatine stations, or telephone exchanees, with the necessary accessory equipment incidental thereto.
1)
2)
3)
21.37.030 Permit required.
No person shall develop a mobile home park and no mobile home park shall be
established unless a mobile home park permit has been issued according to this chapter.
The conversion to condominiums of mobile home parks existing on the effective
date of the adoption of Chapter 21.37 may be exempt from the development standards identified
in this chapter, providing that the planning commission and city council find that the mobile
home park shall remain substantially in conformance with the existing facility allowing
conversion and provided the conversion qualifies under Chapter 11, Division 3 1 of the Health
and Safety Code (Health and Safety Section 50780 et seq.). Such conversion of existing mobile
home parks shall still be subject to Sections 21.37.110 and 21.37.120. (Ord. 9836 $ 1, 1987: Ord.
9564 $2 (part), 1980)
A.
B.
2 1.37.040 Application.
Application for a mobile home park permit shall be made to the city council
through the planning department and planning commission in accordance with the procedures set
forth in this section:
An application for a mobile home park permit may be made by the record
owner or owners of the property on which the development is proposed to be constructed. The
application shall be filed with the planning director and shall contain a legal description of the
property involved and an explanation and description of the proposed use. The planning director
may prescribe the form and content of such application.
A fee as established by city council resolution shall be paid when
application for a mobile home park permit is made.
The application shall be accompanied by a development plan including the
location of all mobile home lots and accessory buildings, a landscape plan and a grading plan
including cross-sections of any proposed grading. The planning director may require any
additional documents or information necessary to insure complete review of the project.
If the applicant contemplates the construction of a mobile home park in
phases, the application shall so state and shall include a proposed construction schedule.
If the project is to provide open areas and recreational facilities to be used
by the occupants of two or more dwelling units, it shall be stated in the application and the
application shall include a plan, acceptable to the city, for the preservation and maintenance of
the common elements of the property.
If the proposed park will be a condominium or planned unit development,
a tentative map prepared according to the requirements of Chapter 20.12 of this code shall be
A.
w 1.
69-
f3f
2.
3.
f4f
#
4.
5.
fet 6.
filed at the time of the application for the mobile home park. No tentative map for a mobile home
condominium or planned unit development shall be approved unless a mobile home park permit
has first been approved. A tentative map for a mobile home condominium or planned unit
development shall not be deemed submitted for approval until the date of the first planning
commission hearing on the permits. (Ord. 1256 $9 7 (part) and 13 (part), 1982; Ord. 9564 8 2
(Part), 1980)
21.37.050 Transmittal to the planning commission.
A. The planning director shall transmit the application for a mobile home park
permit, together with his recommendation thereon, to the planning commission for public
hearing when all necessary reports and processing have been completed. When an application is
relative to another discretionary permit, it may be considered by the planning commission
concurrent with their consideration of such discretionary permit. Notice of the public hearing
shall be given as provided in Section 21.54.060(1) of this code. (Ord. 1256 0 7 (part), 1982; Ord.
9564 0 2 (part), 1980)
21.37.060 Planning commission report.
The planning commission shall hear and consider the application for a mobile
home park permit and shall prepare a report and recommendation for the city council. A copy of
the report and recommendation shall be mailed to the applicant and shall be filed with the city
clerk who shall set the matter for public hearing before the city council. Notice of the public
hearing shall be given as provided in Section 21.54.060(1) of this code. (Ord. 9758 0 8, 1985;
Ord. 9564 0 2 (part), 1980)
A.
21.37.070 City council determination.
The city council may approve, conditionally approve, or disapprove a mobile
home park permit. Such determination shall be made in accord with this code, the general plan
and any applicable specific plans.
A permit shall not be approved or conditionally approved unless the council finds
that the design and improvement of the project are consistent with the development standards
and design criteria established by this chapter. (Ord. 9564 0 2 (part), 1980)
A.
@j B.
21.37.080 Final mobile home park plan.
A. After approval of the mobile home park permit, the applicant shall prepare a
reproducible copy of the approved mobile home park site plan known hereafter as the final
mobile home park plan, which shall incorporate all requirements of the mobile home park permit
approval.
B. The final mobile home park plan shall be submitted to the planning director for
signature. Prior to signing the final mobile home park plan, the planning director shall determine
that all applicable requirements have been incorporated into the plan and that all conditions of
approval have been satisfactorily met or otherwise guaranteed. (Ord. 1256 0 10 (part), 1982; Ord.
9564 0 2 (part), 1980)
21.37.090 Design criteria.
A. The following design criteria shall apply to all mobile home parks:
w 1. The overall plan shall be comprehensive, embracing land, mobile homes,
buildings, landscaping and their interrelationships, and shall conform to adopted plans for all
governmental agencies for the area in which the proposed development is located.
The plan shall provide for adequate circulation, off-street parking, open
recreational areas and other pertinent amenities. Mobile homes, buildings, structures and
facilities in the park shall be well integrated, oriented and related to the topographic and natural
landscape features of the site.
The proposed development shall be compatible with existing and planned
land use and with circulation patterns on adjoining properties. It shall not constitute a disruptive
element to the neighborhood or community.
Common areas and recreational facilities shall be located so as to be
readily accessible to the occupants of the dwelling units and shall be well related to any common
open spaces provided. (Ord. 9564 3 2 (part), 1980)
(3- 2.
0 3.
# 4.
2 1.37.100 Development standards.
A. A mobile home park shall comply with the following development standards:
1.
2.
(33
t3
A mobile home park shall be not less than five acres for a condominium or
planned unit development park and fifteen acres for a rental park.
Fifteen percent of the mobile home sites may be three thousand square feet
in area to accommodate a twenty foot wide mobile home. The remaining sites shall have a
minimum of three thousand five hundred square feet in area.
0 #
3.
4.
Each mobile home lot shall have a width of not less than fifty feet.
Not more than one single-family mobile home or factory-built home may
be placed on a mobile home lot. Each mobile home or factory-built house shall contain one
dwelling unit only. No mobile home or factory-built house shall be less than twenty-four feet
wide, except for the fifteen percent affordable housing units which may be twenty feet wide.
Each mobile home site shall have a front yard of not less than five feet.
The front yard so required shall not be used for vehicle parking, except such portion thereof as is
devoted to driveway use.
On comer mobile home sites, the side yard adjoining the mobile home
park street shall not be less than five feet.
Except for comer lots, each mobile home lot shall have a side yard of not
less than three feet and a rear yard of not less than three feet.
The minimum separation between mobile homes or between a mobile
home and a building shall be as follows: from side to side, ten feet; from side to rear, eight feet;
from rear to rear, six feet.
Notwithstanding the separation requirement, a private garage may be
located immediately adjacent to a mobile home if the interior of the garage wall adjacent to the
mobile home is constructed of materials approved for one-hour fire resistive construction. If
there are openings in the mobile home wall adjacent to the garage wall, a minimum of three feet
separation shall be maintained between the mobile home and a private garage which does not
meet the requirements for one-hour fire resistive construction.
Private garages shall maintain a minimum side yard and rear yard of not
less than three feet.
fst 5.
0-
0-
6.
7.
8.
9.
10.
6% 11. CarporWawnings must be constructed of noncombustible materials and
may be constructed to the lot line provided there is a minimum of three feet clearance from a
mobile home or any other structures on the adjacent lots.
A maximum of two storage cabinets shall be permitted on each mobile
home lot. The aggregate floor area of the cabinets shall not exceed one hundred square feet nor
shall the height of the cabinets exceed ten feet. Storage cabinets may be located on a lot line or
adjacent to a mobile home or mobile home accessory building or structure or beneath an awning
or carport; provided, that it does not obstruct the required exiting or openings for light and
ventilation of a mobile home or a cabana, or prevent service or inspection of mobile home
equipment and utility connections or encroach within a designated open space area.
Expansion or alteration of buildings which are nonconforming by reason
of inadequate yards shall comply with Section 21.48.090. Miscellaneous accessory structures
such as lath houses, greenhouses, storage buildings (greater than one hundred square feet in floor
area), etc., may be erected on a mobile home lot, provided they are located a minimum of six feet
fkom any mobile home, outside any required yard and the occupied area of a lot does not exceed
seventy-five percent of the lot.
14. When used for access to a parking facility, a side yard shall be wide
enough for a ten foot wide unobstructed driveway. All such side yard driveways shall be paved
with cement or asphaltic concrete.
15. Window awnings, not including structures, may project not more than four
feet into any front yard and the following features may be erected or project into any required
yard:
w 12.
e 13.
e9
e9
6% a. Vegetation, including trees, shrubs and other plants;
@3 C. Mailboxes.
0
w
b.
The area of the mobile home and all mobile home accessory structures
shall not cover more than seventy-five percent of the mobile home site.
Each mobile home site shall include a paved area suitable for providing
automobile shelter with space for at least two automobiles. Recreation and laundry areas
combined shall have sufficient parking facilities to accommodate one automobile for every five
mobile home sites up to fifty lots and one space for each ten lots thereafter.
Mobile home park streets shall be provided in such a pattern as to provide
convenient traffic circulation within the mobile home park. Such streets shall be built to the
following standards:
Necessary appurtenances for utility service;
16.
17.
(3% 18.
a.
b.
c. The mobile home park streets shall be paved according to
d. Mobile home park streets shall be lighted in accordance with the
Visitor parking shall be provided at a ratio of one space per four mobile
The city council may permit decentralization of the recreational facilities
No roadway shall be less than thirty four feet in width;
There shall be concrete curbs on each side of the streets; 6% 6% e3 standards established by the city engineer;
standards established by the city engineer.
19.
home units. On-street parking may be counted towards meeting this requirement.
20.
in accordance with principles of good planning.
21. Utilities.
a.
0
(3%
e-9
All utilities shall be underground. 0 6%
e9 b. Television reception shall be by means of cable television or one
antenna or several common antennae if the size or configuration of the mobile home park
requires more than one. Individual TV antennas on a coach shall be prohibited.
Common trash-bin enclosures shall be provided. They shall be of masonry
construction and compatible with the mobile home park.
Service buildings and facilities shall be strategically located throughout
the park for convenient access from mobile homes. No service building shall be closer than
twenty feet to any property adjacent to the mobile home park.
Mobile home parks shall be enclosed by solid masonry fences, six feet in
height, subject to planning director approval, along dedicated street frontages and interior
property lines.
All new mobile homes shall bear a valid insignia of approval issued by the
State Department of Housing and Community Development. (Ord. NS-602 0 4, 2001: Ord. NS-
24 0 1,1988; Ord. 9804 0 4,1986; Ord. 9782 0 1,1985; Ord. 1256 Ej 7 (part), 1982; Ord. 9564 $
2 (part), 1980)
0
0
22.
23.
w 24.
w 25.
21.37.1 10
the procedure for change of zone established by Chapter 2 1.52 of this code.
recommendation of the planning commission, finds:
Removal of mobile home park zone.
MA. The removal of the mobile home park zone shall be accomplished according to
WL No change of zone shall be approved unless the city council, after
frt e 1.
2.
That the change of zone is consistent with the housing element;
That for the property used for a mobile home park, the applicant has
provided notice of termination of tenancy required by the California Civil Code Section 798.56
(f) and that all requirements of the Civil Code regarding termination of tenancy will be met;
That for property used for a mobile home park, a plan satisfactory to the
city council to mitigate the impact on residents of the park has been prepared. Such plan shall
include a phase-out schedule which establishes a timetable for the change of use and shall
include an assistance plan, including programs to aid residents who will be displaced by the
change of use in locating and securing new residences. Such aid may include financial
assistance. The following factors shall guide the council in approving or disapproving the plan:
w 3.
69 a. The age of the mobile home park,
@9
e
b. The number of low income individuals or households needing
assistance for relocation,
c. The availability of relocation housing, sites for mobile home
relocation, or both, having reasonably equivalent amenities, within the North County area within
fifteen miles of the Pacific Ocean.
&E. In making decisions pursuant to this section, the council shall consider the effect
of the decision on the housing needs of the community and balance those needs against the
public service needs of the residents and available fiscal and environmental resources. (Ord.
9564 0 2 (part), 1980
21.37.120 Conversion.
@A. "Conversion" means a use of the mobile home park for a purpose other than the
rental, or the holding out for rent, of two or more mobile home sites to accommodate mobile
homes used for human habitation. A conversion may affect an entire park or any portion thereof.
"Conversion" includes, but is not limited to, a change of the park or any portion thereof to a
condominium, stock cooperative, planned unit development, or any form of ownership wherein
spaces within the park are to be sold. "Conversion" does not include a change in the use of the
property requiring a change of zone.
#B. No conversion shall be allowed unless a mobile home permit has been approved
by the city council pursuant to Chapter 21.37, except that existing mobile home parks may be
exempt from the development standards identified in this chapter pursuant to Section 21.37.030.
In processing the mobile home park permit for existing mobile home parks found not to be
subject to the development standards of this chapter, the planning commission and city council
may add reasonable conditions to the permit. Applications for conversions of existing mobile
home parks may be made by property owners, or by the residents with property owner
concurrence.
@C. No conversion permit shall be issued unless the city council finds: 1. That the notice required by California Civil Code Section 798.56(f) has
been or will be given;
2. Each of the tenants of the proposed condominium, stock cooperative
project, planned unit development or other form of ownership has been or will be given notice of
an exclusive right to contract for the purchase of their respective site or mobile home lot upon
the same terms and conditions that such site will be initially offered to the general public or
terms more favorable to the tenant. The right shall run for a period of not less than one hundred
eighty days from the date of issuance of the subdivision public report pursuant to Section
11018.2 of the Business and Professions Code, unless the tenant gives prior written notice of his
intention not to exercise the right;
3. That the conversion is consistent with the general plan; a specific finding
of consistency with the housing element shall be made.
Following recordation of a certificate of compliance, or conditional certificate of
compliance, ownershenants of mobile homes on any unpurchased remaining interest shall not be
economically displaced for a period of one year from the date of recordation. A rent increase
may be levied during this year provided the increase is equal to or less than the average annual
rent increase levied during the previous three years.
As a condition of the waiver of tentative map pursuant to Section 2 1.37.130, the
owner of the unpurchased remaining interest shall have a relocation plan approved by the city
council for those tenants who choose to relocate their mobile homes. The relocation plan shall
also provide assistance for residents who are renting a coach in the park who will be displaced by
the purchase of their space. The following factors shall guide the council in approving or
disapproving the plan:
tr)
el-
w
@D*
@E.
e+ el-
0-
1.
2.
3.
The age and condition of the mobile home units;
The number of low-income individuals or households needing assistance
for relocation;
The availability of relocation housing, sites for mobile home relocation, or
both, having reasonably equivalent amenities, within the North County area within fifteen miles
of the Pacific Ocean; and e9 4. The necessity for financial assistance for relocation.
f4F- Conditions, covenants and restrictions (CC&R's) for any conversion shall be
submitted to the planning director for approval prior to final map, or final action and the
CC&R's shall provide for the periodic maintenance of the exteriors of the mobile homes. The
conditions, covenants and restrictions cannot be altered or dissolved without written city
approval. (Ord. 9836 $8 2--5, 1987; Ord. 9684, 1983; Ord. 9564 Q 2 (part), 1980)
21.37.130 Waiver of tentative and final map for mobile home park conversions.
A. Other provisions of this chapter notwithstanding, the city council may, by
resolution, waive the requirement for a tentative and final map for a single parcel subdivision for
the conversion of an existing mobile home park to condominiums. Prior to granting such a
waiver, the city council shall make the following findings:
This waiver shall be granted only to conversion of existing mobile home
parks on a single parcel.
A petition, requesting the conversion, shall be signed by the property
owner and at least two-thirds of the residents of the mobile home park and shall be submitted to
the planning director.
The proposed subdivision shall not result in the economic displacement
from the subject mobile home park of tenants/owners on remaining unpurchased interests located
within the subject mobile home park unless the owner complies with Section 21.37.120(e).
A mobile home park permit shall be concurrently approved by the city
council with the granting of this waiver. Even though a project may be deemed exempt, the
permit application shall include an analysis of conformance with present development.
The subdivision shall comply with such requirements then in effect as may
have been established by the Subdivision Map Act or this chapter pertaining to area,
improvement and design, floodwater drainage control, appropriate improved public roads,
sanitary disposal facilities, water supply availability, environmental protection, and other
requirements of the Subdivision Map Act or this chapter.
The subdivider requesting a waiver as provided for in this section shall make
application therefore on such forms as may be provided for by the cI+e&m4 planning director.
Upon the grant of a waiver as provided for under this section, the city engineer
shall prepare a certificate of compliance or conditional certificate of compliance, as appropriate,
for recordation in the office of the county recorder for the purpose of documenting the approval
of the subdivision. The city engineer shall not record or release for recordation a conditional
certificate of compliance prepared pursuant to this section unless and until the owner or owners
of the property to be subdivided have entered into an agreement with the city to provide for the
satisfactory completion of all conditions of the certificate of compliance and shall have provided
improvement security, as appropriate, as provided for in Chapter 5 of the Subdivision Map Act.
(Ord. 9836 Q 6,1987)
frt
0
1.
2.
f3f 3.
f4f 4.
fs) 5.
B.
C.
ZONING ORDINANCE AMENDMENT
CHAPTER 21.45
PLANNED DEVELOPMENTS
STRIKE-OUT & UNDERLINE VERSION
a17
PLANNED DEVELOPMENT CHAPTER AMENDMENT
. Section 21.45.010 of the Municipal Code (Planned Developments, Intent and purpose) is
proposed to be amended as follows:
2 1.45.01 0 Intent and purpose.
The purpose of the planned development ordinance is to:
A.
B.
Recognize the need for a diversity of housing and product types;
Provide a method for clustered property development that recognizes that the
impacts of environmentally and topographically constrained land preclude the full development
of a site as a standard single-family subdivision;
Establish a process to approve the following: separate ownership of dwelling units
with lots or exclusive use areas of less than seven thousand five hundred square feet in size or as
otherwise allowed by the underlying zone; condominium ownership in multiple-unit buildings;
and conversion of existing; residential development to condominiums;
Allow the development of small-lot subdivisions in existing R-1 neighborhoods
when the proposed site is contiguous to a higher intensity land use or an existing project of
comparable or higher density;
Allow the development of small-lot subdivisions, two-family and multiple-
family dwellings, on existing R-1 zoned properties when the proiect site contains sensitive
biological resources as identified in the Carlsbad Habitat Management Plan;
Permit the development of small-lot subdivisions in multi-family zones {except
when the multiple-family zone implements the RH land use designation) as an alternative
product type to attached dwelling units; and
Encourage and allow more creative and imaginative design by including relief
from compliance with standard residential zoning regulations. To offset this flexibility in
development standards, planned developments are required to incorporate amenities and features
not normally required of standard residential developments. (Ord. NS-612 5 1 (part), 2001)
C.
D.
E.
EE.
FG.
Section 21.45.040 of the Municipal Code (Planned Developments, Permitted zones and
uses) is proposed to be amended as follows:
21.45.040 Permitted zones and uses.
A. Permitted Zones. The planning director, planning commission or city council may
approve a permit for a planned development in the R-1, R-2, R-3, RD-M, R-W and P-C
residential zones or combination of zones subject to the requirements of this chapter. When
approved, a planned development permit shall become the zoning regulations applicable to the
subject property.
B. Permitted Uses. In addition to any principal use, accessory use, transitional use or
conditional use permitted in the underlying zone, planned developments that are proposed in the
following residential zones may. include the following residential uses listed in Table A,
Permitted Residential Uses, below.
Zone Single-family Two-Famil y
Detached Dwelling Dwelling
R- 1 x (1) (5) x (2) (5) R-2 x (5) x (5)
Multiple
Dwelling
NA j5) (61 x (2) (5)
existing project of comparable or higher density; or 2) the proiect site contains sensitive
biological resources as identified in the Carlsbad Habitat Management Plan.
Only permitted whena the proposed project site is contiguous to a lot or lots zoned R-3, R-
T, R-P, C-1, C-2, C-M or M, but in no case shall the project site consist of more than one lot nor be more than ninety feet in width, whichever is less; or, 2) the project site contains
sensitive biological resources as identified in the Carlsbad Habitat Management Plan. Permitted uses shall be consistent with the master plan.
Refer to Table F for specific uses. “Housing for senior citizens” is not permitted in R-1 and R-2 zones.
Onlv permitted when the proiect site contains sensitive biological resources as identified
in the Carlsbad Habitat Management Plan.
(2)
(3)
(4)
(5)
/6)
R-3
RD-M
R-W
P-c (3)
Accessory
Uses (4)
The “minimum lot size or exclusive use area” row in Table D of Section 21.45.070 of the
Municipal Code (Planned Developments, Small lot, single-family, two-family dwelling
development standards) is proposed to be amended as follows:
X X X
X X X
NIA X X
X X X
X X X
Minimum Lot Size or Exclusive Use Area 1. Single-family: 5,000 square feet; except that lots sizes less than
5,000 square feet to a minimum lot size of 3,500 square feet may
be used when the site has a general plan designation of Rh4H ex
R# and when unique circumstances such as one of the following
exists:
a. The project is for lower income or seniors housing;
b. The site is located west of Interstate 5;
c. The dwelling units are designed with alley-loaded garages; or
d. The site is either located contiguous to a Circulation Element
roadway or within 1200 feet of a commuter raivtransit center,
commercial center or employment center.
2. Two-family: 3,750 square feet when developed as a twin home;
7,500 square feet when developed as a duplex.
The “second dwelling units” row in Table F of Section 21.45.090 of the Municipal Code
(Planned Developments, Residential additions and accessory uses) is proposed to be
amended as follows:
SF Second Dwelling Must comply with See (21, (3).
Units all development
standards of Sec-
tions 21.lO.OS2
and 21.45.070.
Building
ZONING ORDINANCE AMENDMENT
MISCELLANEOUS TEXT CHANGES
STRIKE-OUT & UNDERLINE VERSION
MISCELLANEOUS ZONING ORDINANCE AMENDMENTS . The listing of “Section 21.04.135” in the list of “sections” at the beginning of Chapter
21.04 of the Municipal Code (Definitions) is proposed to be amended as follows:
21.04.135 Dwelling, multiplsfamilv.
. Section 21.04.030 of the Municipal Code (Definitions - Apartment) is proposed to be
amended as follows:
21.04.030 Apartment.
dwelling, occupied or suitable for occupancy as a residence for one family. (Ord. 9060 $ 205)
“Apartment” means a room, or a suite of two or more rooms in a multiple-familv
. Section 21.04.1 15 of the Municipal Code (Definitions - Dwelling) is proposed to be
amended as follows:
2 1.04.1 15 Dwelling.
purposes, including one-family, two-family and multiple-familv dwellings, but does not include
commercial living units. (Ord. NS-284 $ 2, 1994: Ord. 9060 $ 222)
“Dwelling” means a building or portion thereof designed exclusively for residential
. Section 21.04.135 of the Municipal Code (Definitions - Dwelling, multiple) is proposed
to be amended as follows:
21.04.135 Dwelling, multiple-family.
“Multiple-family dwelling” means a building, or portion thereof, designed for occupancy
by three or more families living independently of each other, and containing three or more
dwelling units. (Ord. 9060 $ 226)
Section 21.38.025 of the Municipal Code (Planned Community Zone, Second dwelling
units) is proposed to be amended as follows:
21.38.025 Second dwelling units.
Second dwelling units are permitted according to the provisions of Section 21.10.0443
of this title in areas designated by a master plan for single-family detached dwellings. For second
dwelling units proposed on standard lots (minimum seven thousand five hundred square feet in
area) which are developed with detached singlelfamily residences, the development standards of
Chapter 21.10 shall apply. For second dwelling units proposed on substandard lots (less than
seven thousand five hundred square feet in area) which are developed with detached single-
family residences, the development standards of Chapter 21.45 shall apply. (Ord. NS-663 $ 11,
2003: Ord. NS-283 9 6, 1994)
. Section 21.09.025 of the Municipal Code (Rural Residential Estate Zone, Second
dwelling units) is proposed to be amended as follows:
21.09.025 Second dwelling units.
Second dwelling units are permitted according to the provisions of Section 21.10.0443
of this title. The development standards of this zone shall apply. (Ord. NS-663 0 2, 2003: Ord.
NS-283 5 5, 1994)
. Section 21.20.026 of the Municipal Code (Residential Tourist Zone, Second dwelling
units) is proposed to be amended as follows:
21.20.026 Second dwelling units.
Second dwelling units are permitted according to the provisions of Section 21.10.0443
of this title on lots which are developed with detached single-family residences. The
development standards of this zone shall apply. (Ord. NS-663 5 8, 2003: Ord. NS-283 5 18,
1994) , . Section 21.20.080( 1)(G) of the Municipal Code (Residential Tourist Zone, Accessory
structures) is proposed to be amended as follows:
(G) Second dwelling units constructed above detached garages, located within a lot’s
of this title are not subject to the buildable area, pursuant to Section 21.10.001530.E.4.
one-stoqdfourteen-foot height limitation imposed on accessory structures.
Planning Commission Minutes June 16,2004 EXHIBIT 6 Page 8
9. GPA 03-13/ZCA 03-02/LCPA 03-12 - RESIDENTIAL GENERAL PLAN AND ZONING
CONSISTENCY AMENDMENTS - Request for a recommendation to adopt a Negative
Declaration and Addendum, and recommendation of approval of a General Plan
Amendment, Zone Code Amendment and Local Coastal Program Amendment to amend
the residential policies and land use designations in the Land Use Element of the General
Plan and the residential regulations in the Zoning Ordinance to ensure consistency
between the General Plan and Zoning Ordinance; and also to ensure consistency
between City policies and State law.
Mr. Neu introduced Item 9 and stated Associate Planner Jennifer Coon would make the staff
presentation.
Chairperson White opened the Public Hearing on Item 9.
Ms. Coon stated that the project is a proposal to amend the General Plan, Zoning Ordinance and Local
Coastal Program to achieve consistency between the residential policies in the General Plan, and the
residential regulations in the Zoning Ordinance, and also to ensure consistency between City policies and
state law. The proposed amendments are part of a larger City initiated, multi-part project called the
General PlanlZoning Consistency Program. One component of that program is to determine the zone
that is intended to implement each of the General Plan Land Use designations. The proposed
amendments are part of that component and focus on the residential land use designations and zones.
The amendments will clarify the residential zone that is intended to implement each of the residential land
use designations, and will also ensure that the residential zones implement the residential land use
designation it is intended to implement. There are several proposed amendments to the General Plan,
one of which is to no longer allow density below the low end of the density range. Staff is proposing one
exception and that will allow one single family dwelling on any existing residential lot regardless of
density. This proposal is intended to ensure that the General Plan can be implemented and that projects
are consistent with the land use designations, and to ensure the City is complying with state law.
There are five residential land use designations, three of which have a specified low end density range.
Those designations are RM, RMH, and RH. The two low-density designations are single-family
designations and do not have a low-end range; therefore are not affected by the proposed amendments.
Ms. Coon explains that the City should enforce the low end of the density range because it is the City’s
job to implement the General Plan and the land use designations are part of the General Plan. She
explains that density is the primary tool the City uses in the residential designations to ensure that the
type and intensity of residential land use meant for those designations is being implemented. If the City is
approving a project below the low end of the density range, the City is essentially approving density which
is not consistent with that designation, and we are not achieving the type of land use that is intended for
that the designation. It also helps the City comply with State law. Last year, the State Government Code
Section 65863, also known as AB 2292, which restricts the City’s ability to approve projects at a density
below the density we used to demonstrate compliance with Housing Element Law. In our current
Housing Element, we use the growth control point density to demonstrate compliance with the Housing
Element law and that the City can provide it‘s fair share of the regional housing need. The law now
requires the City make a finding when approving projects below the growth control point, that we can still
accommodate our fair share of the regional housing need on the remaining residential sites. When the
City approves a project below the low end of the density range, it makes it that much more difficult to
make those findings.
Other amendments to the General Plan include clarifying the intent and purpose of each residential land
use designation using terms consistent with those in the Zoning Ordinance, which include one-family
dwellings, two-family dwellings and multiple-family dwellings. The two single-family designations (RL and
RLM) are primarily intended for single-family development which is one family dwellings on individual lots.
Staff is recommending allowing other types of dwellings within the RL and RLM designations, with the
approval of a Planned Development Permit, on sites containing sensitive habitat which would allow the
City to cluster development outside the habitat areas and to achieve the density potential on those
properties without impacting the habitat.
Planning Commission Minutes June 16,2004 Page 9
Another amendment to the General Plan is to incorporate the provisions of Government Code Section
65863 (AB 2292) and also that the third finding required to approve projects above the growth control
point be added to the General Plan. The Growth Management Chapter in the Zoning Ordinance lists
three findings however the General Plan only lists two. Adding the third finding to the General Plan would
ensure consistency with the Zoning Ordinance.
Staff is proposing several amendments to the Zoning Ordinance which vary from chapter to chapter;
however in all residential zone chapters, staff is proposing to specify the land use designation that each
zone is intended to implement. Staff is also proposing to reformat each chapter to list all the permitted
and conditionally permitted uses in each chapter separately which would eliminate the current hierarchy
format.
Ms. Coon continued to explain the other proposed amendments. She concluded her presentation and
stated she would be available to answer any questions.
Chairperson White stated that the Commission received a letter from Scott Molloy of the Builders Industry
Association of San Diego. She asked if there were any questions of staff.
Commissioner Montgomery asked in what direction Attorney Ball sees AB 2292 going. Attorney Ball
stated it has not been overturned and that there have been few court interpretations.
Commissioner Baker asked why the City doesn’t use the minimum density rather than the growth control
point when making the findings for AB 2292. Ms. Coon responded that AB 2292 states that the required
findings are based on the density that the jurisdiction used to demonstrate compliance with housing
element law. The City’s current Housing Element uses the growth control point density to demonstrate
compliance with housing element law. Commissioner Baker inquired about mixed use and if there is any
zone or General Plan designation in the City that would allow that type of use. Ms. Coon stated that the
commercial zones currently allow for residential above retail uses and provisions do allow for that through
a Conditional Use Permit but there is not a mixed use zone. Commissioner Baker inquired if a person
would be able to purchase two lots down by beach, combine the lots and build one single family home on
it under these new rules. Ms. Coon responded that the way the exception to allow a single dwelling on an
existing lot was written, an “existing” lot would be a lot that existed as of the date the ordinance became
effective. If someone owns two lots and wants to combine those lots to build one home on that lot, it
would be considered a new lot and would be subject to the density requirements of the underlying
designation. There is the potential that given combined lot size of the new lot it would still only be able to
fit one single family dwelling on it but it would still be subject to the density requirements. Commissioner
Baker stated that there seems to be areas in the City where we would not want to enforce this regulation
because of the lot sizes being so small. She commented that the HMP properties should be separated
out entirely so that they can be discretionarily planned on a case-by-case basis because of their unique
circumstances. Ms. Coon stated that with certain types of situations, there is a provision in the code that
would allow the City to grant exceptions to certain development standards. Perhaps a similar provision
could be added to the code that would give the Planning Commission or City Council the authority to
grant exceptions to certain standards, such as the Planned Development standards, for sites that contain
sensitive habitat. Mr. Neu stated that staff is working on an implementation effort, should the HMP
ultimately get approved by the federal agencies, and we know there are issues where there needs to be
some sort of flexibility. He further stated there are different parts of the Municipal Code that will take
some sort of exception clause or option to deal with the unique situations.
Cornmissioner Montgomery stated his concern over the erosion of property rights with the provisions
under AB 2292 particularly with single family lots.
Commissioner Segall asked about how this impacts individual who may be in the planning process. Ms.
Coon stated that staff intends to include in the Council resolution a grandfather clause that would say that
any application submitted prior to the effective date of the ordinance would not be subject to the new
changes. Commissioner Segall inquired if we knew how many applicants this would effect. Ms. Coon
responded that staff does not know the number. Commissioner Segall asked if there was any way the
City would notify citizens if they did not have an application submitted. Ms. Coon commented that the
City has met with the Chamber of Commerce on three occasions and given them copies of the proposed
changes, and it has been noticed in two newspapers so it has gone through the standard noticing
Planning Commission Minutes June 16,2004 Page 10
procedure. Also, applicants who submit preliminary applications are being informed about the pending
amendments.
Commissioner Montgomery inquired if there is any way to differentiate between developed property and
those that are vacant. Ms. Coon responded that although it could be done it would not be her
recommendation to do so. She further stated that in addition to meeting the State’s mandates and
requirements to provide a minimum amount of housing, staff also has a job to implement the City’s
General Plan. The City has established density ranges for each of the residential land use designations
and identified the type of land use the City wanted to see developed in those designations. When the
City approves new projects or redevelopment projects that are not consistent with those designations, the
City is not implementing the General Plan and therefore the City is not doing its job.
Attorney Ball commented that the chart on page 9 clearly demonstrates the General Plan designation, the
implementing zones and the dwelling types, and it is something the City has needed for several years.
MOTION
ACT1 0 N : Motion by Commissioner Heineman, and duly seconded, that the Planning
Commission adopt Planning Commission Resolution No. 5650 recommending
adoption of a Negative Declaration and Addendum, and adopt Planning
Commission Resolutions No. 5651, 5652, and 5653 recommending approval of
General Plan Amendment GPA 03-13, Zone Code Amendment ZCA 03-02 and
Local Coastal Program Amendment LCPA 03-1 2, based on the findings
contained therein.
DISCUSSION
Commissioner Baker commended staff on the work put into the staff report and presentation.
Commissioner Montgomery also commended staff on the work done but however he will not vote in favor
of the project because of the property rights which will be infringed upon.
Commissioner Heineman agreed with his fellow Commissioners and applauded the work of staff.
Commissioner Segall also agreed with his fellow Commissioners, and thanked Principal Planner Turner
for his outreach to the community by visiting the Chamber of Commerce.
Chairperson White thanked staff for the remarkable job. She also commented that it is an issue with
some tension between the need to provide enough housing throughout the state and the state trying to
enforce, and also as the erosion of private property rights. She stated that could not support the project.
Attorney Ball stated that based on comments it appears the motion will fail because of the need for 4
affirmative votes and the item will have be continued until it can reach a fourth affirmative vote.
VOTE: 2-3
AYES: Heineman and Segall
NOES: Baker, Montgomery, and White
Attorney Ball stated that the hearing would need to be continued until the next meeting. Mr. Neu
commented that the next agenda is fairly light but there is the potential for some controversy regarding
one of the projects. He stated that July 21st might be a better meeting to continue this item.
Commissioner Segall asked if the Commission does not recommend approval of this, does the City have
the ability to appeal it to the Council. Attorney Ball stated that staff would most likely work on the issues
which are troubling the Commission.
Chairperson White, and Commissioners Baker and Montgomery stated that the biggest issue is the erosion of property rights.
Planning Commission Minutes July 21, 2004 Page 6
2. GPA 03-131ZCA 0342/LCPA 03-12 - RESIDENTIAL GENERAL PLAN AND ZONING
CONSISTENCY AMENDMENTS - Request for a recommendation to adopt a Negative Declaration and Addendum, and recommendation of approval of a General Plan
Amendment, Zone Code Amendment and Local Coastal Program Amendment to amend the residential policies and land use designations in the Land Use Element of the General Plan and the residential regulations in the Zoning Ordinance to ensure consistency between the General Plan and Zoning Ordinance; and also to ensure consistency
between City policies and State law.
Mr. Neu introduced Item 2 and stated Associate Planner Jennifer Coon would make the staff presentation.
Chairperson Whitton opened the Public Hearing on Item 2.
Ms. Coon stated this item was continued from June 16th Planning Commission meeting. She stated staff has not modified its recommendation since the previous meeting. She further stated that at that time the Commission had expressed concern with staff's recommendation to no longer allow development below the minimum of the density range. She reemphasized the purpose of the recommendation is based on the basic principal of implementing the vision of the General Plan, and when the City does not implement the density range of each designation, the City is not achieving the vision of the those residential areas.
Ms. Coon stated that it seemed the Commission's concerns with the recommendation were focused on
some unique situations rather than the principal of the recommendation itself. One of those situations is the ability to build a home on two consolidated, substandard lots and an example was given of the lots
along Ocean Street, which are substandard in size. She stated that some people have consolidated those lots and built one dwelling on them. The concern was that the City should still allow that to happen even though it would be below the minimum of the density range. The other situation mentioned was the ability to build below the minimum of the density range on properties that have existing residential
development, such as someone who owns property that may have one or two dwelling units on the property but its below the minimum of the range, and the owner has the opportunity to build more units. She stated that the concern was that maybe the City should not require that they meet the minimum of the density range, but allow density below the minimum to be consistent with the existing development on the property.
Ms. Coon discussed the number of properties which are underdeveloped and that would fall into that area of concern. Staff calculated that in the RMH designation, there are approximately a total of 1,100 parcels; 56 of those are underdeveloped (they have units on them but do not meet the minimum of the range); 26 are underdeveloped by more than one unit. In the RH designation, there is approximately a total of 660 parcels, 144 of those are underdeveloped and only 39 are underdeveloped by more than one unit. She stated this indicates the majority of underdeveloped parcels are usually only underdeveloped by one unit, meaning if a property owner wanted to build more units on their land, one more unit would then meet the minimum of the density range. There are approximately 65 out of a total 1,700 parcels that are underdeveloped by more than one unit, many of which are existing condominium developments where it would be very difficult to add units without having to do a significant remodel to the project. She stated to keep in mind that the estimates are conservative and they are based on the gross acreage. The areas
that would typically not be considered in density calculations were not excluded so some of the numbers would drop when based on the net acreage.
Staffs recommendation does include one exception to enforcing the minimum density. That exception would be to allow one dwelling on any lot regardless of density. Staff is not recommending any other
exceptions but the Commission could vote to include in their recommendation to the Council to add additional exceptions to address some of those areas of concern.
The proposed amendments include many other changes to both the General Plan and the Zoning
Ordinance in addition to the recommendation to not allow density below the minimum; however, implementing the minimum of the density range is really critical to ensuring that those other amendments
achieve the overall goal of this project which is to achieve consistency and implementation of the General Plan and Zoning Ordinance.
Planning Commission Minutes July 21, 2004 Page 7
Ms. Coon commented that the other proposed changes were discussed at the previous meeting so she would not go over those again but would be available to answer any questions regarding those and the issues presented at this meeting.
Chairperson Whitton asked if there were any questions of staff. Testimony on the item. He asked if there was anyone in the audience who wished to speak on the item. Seeing none, he opened Public
Scott Malloy, from the Building Industry Association, commented that the BIA completely supports the recommended changes.
Chairperson Whitton closed Public Testimony on the item and asked if there are any questions of Commission to staff.
Commissioner Dominguez commented that in reading the minutes from the June 16th meeting it seemed that the Commission was concerned about a few specific points. He stated that he hoped staff had addressed the text so that those points were effectively dealt with. Ms. Coon stated that the proposed
text was not amended but staff did draft proposed language if the Commission wants to recommend addressing those other exemptions from the minimum density.
Commissioner Baker asked to hear the proposed language. Ms. Coon stated that the proposed language was drafted to address both of the previously mentioned situations and add two exemptions. She stated one exemption would be “to allow density below the minimum of the range when a lot is a legal, non-
conforming lot, or when two legal non-conforming lots are consolidated into one lot. For the other situation, another exemption could be added when a legal lot is developed with one or more residential units that existed as of the effective date of the proposed ordinance. Staff is recommending that it only be
allowed provided that the existing units are to remain and it is not feasible to construct the number of additional units needed to meet the minimum density without requiring the removal of those existing units. She stated if it is feasible to meet the density without having to impact the existing development, staff is recommending that the City enforce the minimum density in that situation.
Commissioner Montgomery asked Attorney Mobaldi if she considered consolidation of one lot as a property owner who owns two adjacent lots and can build on both those lots, or if it means merging the two lots together. Attorney Mobaldi stated that consolidation means merging the two lots into one lot.
Commissioner Segall asked if staff supports the recommendation of the added language. Ms. Coon
stated that staff does not support the added language because it somewhat undermines the purpose of the amendments which is to achieve the density that is intended for those areas. The more exceptions that are added the less likely it becomes that the City is unable to achieve the vision for those areas. Commissioner Segall asked what the changes do for the character and consistency of a neighborhood when someone, for instance, buys two lots and combines them into one. Ms. Coon responded using the example along Ocean Street where many of those lots are very narrow lots with one or more dwellings on them. All of those lots are developed, with approximately 4 cases where owners have taken two lots and built one home on them. The rest are developed with a minimum of one unit, and in many cases more
than one unit on single small lots. You could interpret that removal of two or more units off of the existing small lots and replacing them with one unit is essentially building development that is not consistent with
what is existing today. Commissioner Segall asked how those 4 homes were built. Ms. Coon stated that
it is due to the inconsistencies between the Zoning Ordinance and the General Plan. The Zoning
Ordinance allows single-family development in the R3 zone, which is what those lots are zoned, and the General Plan allows building below the minimum of the range. The City does not have the tools necessary to enforce the intent of the General Plan.
Commissioner Dominguez commented that over time, most of the problems that currently exist on Ocean Street were because of the previous Planning Commissions. The variances and exceptions that the Commission wished to accept in that area has created the problems, and now this Commission is faced with making them conform to the General Plan. He feels making such exceptions to such a large document for a few unique situations that exist throughout the City is not a good idea.
Commissioner Montgomery asked if a property owner has one single family home with room at the front of his home and there is a requirement for 5 more units to be placed on there, would staff consider a high- density structure there or would it be like-minded structures that currently exist on the property. Ms. Coon
sa8
-.
Planning Commission Minutes July 21, 2004 Page 8
stated it would have to be reviewed on a case-by-case basis. Mr. Neu responded that the issue seems to
be concerned with product type.
Chairperson Whitton asked if someone could be grandfathered into this. Ms. Coon stated the Council
ordinance would include a statement that would exempt anybody that has an application submitted to the
City regardless of when the construction would happen. Chairperson Whitton also asked if the public has
been adequately notified of the proposed changes to the document. Ms. Coon stated that the proposed
amendments were noticed, pursuant to the Zoning Ordinance, with an 8th page ad in two newspaper.
Staff met with the Chamber of Commerce on three different occasions to explain the proposed
amendments. Chairperson Whitton asked if Ms. Coon felt that the developers and landowners were
sufficiently cognizant of the document, its contents and the impacts it will have. Ms. Coon stated she
feels that the public had the opportunity to become aware.
Commissioner Baker stated she would like to see the exceptions allowed. She stated she sees no harm
with the exceptions and it might be to the benefit to the City in the future.
The Commission discussed the manner in which the vote should take place.
MAIN MOTION
ACTION :
IS' AMENDMENT
ACTION:
VOTE:
AYES:
NOES:
2ND AMENDMENT
ACT1 0 N :
VOTE:
AYES:
NOES:
Motion by Commissioner Baker, and duly seconded, that the Planning
Commission adopt Planning Commission Resolution No. 5650 recommending
adoption of a Negative Declaration and Addendum, and adopt Planning
Cornmission Resolutions No. 5651, 5652, and 5653 recommending approval of
General Plan Amendment GPA 03-13, Zone Code Amendment ZCA 03-02 and
Local Coastal Program Amendment LCPA 03-12, based on the findings
contained therein.
Motion by Commissioner Baker, and duly seconded, that the Planning
Commission recommends that the proposed amendments be modified to allow
development below the minimum of the density range in the following
circumstances: A. when a lot is legal non-conforming or when two legal non
conforming lots are consolidated into one lot.
Chairperson Whitton, Commissioners Baker, Heineman, and Montgomery
Dominguez and Segall
4-2
Motion by Commissioner Baker, and duly seconded, that the Planning
Commission recommends that the proposed amendments to be modified to allow
development below the minimum of the density range in the following
circumstances: when a lot legal lot is developed with one or more residential
units that existed as of the effective date of ordinance provided the existing units
are to remain and it is not feasible to construct the number of additional units
needed to meet the minimum density without requiring the removal of the existing
units.
Chairperson Whitton, Commissioners Baker, Montgomery and Segall
Dominguez and Heineman
4-2
VOTE ON THE MAIN MOTION
VOTE: 6-0
AYES: Chairperson Whitton, Commissioners Baker, Dominguez, Heineman,
NOES: None
Montgomery and Segall
Chairperson Whitton closed the Public Hearing on Item 3 and thanked staff for their presentation.
Residential General Plan & Zoning Consistency AmendmentsGPA 03-13ZCA 03-02LCPA 03-12
Description•Amend General Plan, Zoning Ordinance, and Local Coastal Program to:-Achieve better consistency between residential policies (General Plan) and regulations (Zoning Ordinance); and-Ensure consistency between City policies and State law
Planning Commission•July 21, 2004 –PC voted unanimously to recommend approval–With the addition of two exceptions to staff’s proposal to no longer allow density below the low end of density range.
General Plan/Zoning Consistency Program•City-initiated, multi-part project•One component –determine the zone intended to implement each land use designation.
Residential Amendments•Proposed amendments focus on residential land use designations and zones.-Clarify the residential zone intended to implement which residential land use designation; and-Ensure each zone implements the land use designation it is intended to implement
General Plan Amendment•No longer allow density below low end of density rangewith the following exceptions:–1 single-family dwelling on an existing lot–When a lot is legal nonconforming, or when two legal nonconforming lots are consolidated into one lot–When a legal lot is developed with 1 or more residential units that existed as of the effective date of the proposed ordinance; provided, the existing units are to remain and it is not feasible to construct the number of additional units needed to meet the minimum density without requiring removal of existing units.
General Plan Amendment•Implementing low end of density range is necessary to:–Ensure GP implementation/consistency–Compliance with State law
General Plan Amendment15–23 du/acRH(high density)8–15 du/acRMH(medium-high density)4–8 du/acRM(medium density)0 –4 du/acRLM (low-medium density)0 –1.5 du/acRL (low density)Density RangeDesignation
Why Enforce Minimum Density?•Implement land use designation-density is primary tool to ensure type & intensity of residential land use is achieved•State law compliance-Gov. Code Sec. 65863 (a.k.a. AB 2292)•Recommendation: No longer allow density below minimum density, with exceptions.
Other General Plan Amendments•Clarify intent & purpose of each residential land use designation•Use terms consistent with Zoning Ordinance:One-family dwellingsTwo-family dwellingsMultiple-family dwellings
Intended Residential Land UseDESIGNATIONINTENDED LAND USERL(0 –1.5 du/ac)One-family dwellings(when a site contains sensitive biological resources, other dwelling types may be permitted with a planned development permit, subject to the density range)RLM(0 –4 du/ac)One-family dwellings(when a site contains sensitive biological resources, other dwelling types may be permitted with a planned development permit, subject to the density range)
Intended Residential Land UseDESIGNATIONINTENDED LAND USERM(4 –8 du/ac)One-family, Two-family, Multiple-family dwellingsRMH(8 –15 du/ac)Two-family, Multiple-familyOne-family dwellings(when developed as two or more detached units on one lot or on small individual lots w/a planned development permit)RH(15–23 du/ac)Two-family, Multiple-familyOne-family dwellings(when developed as two or more detached units on one lot)
Zone Code Amendment•All residential zone chapters:Specify the land use designation that each zone implementsReformat to list all permitted & conditionally permitted uses (eliminate hierarchy format).
Zone Code AmendmentZones that implement RL (R-A & R-1):-Clarify the min. lot area is ½ acre Zones that implement RM (R-1, R-2, & RD-M): -Reduce min. lot area to 6,000 sf
Zone Code AmendmentZones that implement RMH or RH (R-3, RD-M, R-W & R-P):-No longer allow single-family development.-One-family dwellings permitted as two or more units on one lot.
OtherZone Code AmendmentsR-P Zone-specify two separate lists of permitted uses:1. When R-P implements O (office).2. When R-P implements RMH or RH (residential)
Planned Development ChapterAllow a PD in the R-1 zone when a site contains sensitive habitat.No longer allow a small-lot single-family PD in RH
•two-family •multiple-family •one-family dwellings (on an existing lot. 2+units on one lot)R-3, RD-M, R-W,PC, RMHP, R-P*RH (15-23)•two-family •multiple-family •one-family dwellings (on an existing lot. 2+ units on one lot, small-lot single-family w/PD)R-3, RD-M, PC,RMHP, R-P*RMH (8-15)•one-family•two-family•multiple-familyR-1 (6,000 sf ),R-2, RD-M, PC, RMHPRM (4-8)•one-family •on habitat constrained sites –other dwellingtypes permitted w/PDR-1, R-A, PC,RMHPRLM (0-4)•one-family •on habitat constrained sites –other dwellingtypes permitted w/PDR-1, R-A, PC, RMHPRL (0-1.5)DWELLING TYPESIMPLEMENTING ZONESGENERAL PLAN
Recommendation•Staff recommendation:City Council:Introduce Ordinance No. NS-718 -approving ZCA 03-02, -including errata Adopt Resolution No. 2004-301-adopting the ND & Addendum-approving GPA 03-13 & LCPA 03-12-including errata
Residential General Plan & Zoning Consistency AmendmentsGPA 03-13ZCA 03-02LCPA 03-12