HomeMy WebLinkAbout2007-03-06; City Council; 18922; Planned Development Regulation AmendmentsCITY OF CARLSBAD - AGENDA BILL 11
AB# 18,922
MTG. 03/06/07
DEPT. Clerk
PLANNED DEVELOPMENT
REGULATION AMENDMENTS
7/"% A AC AO 1 1 /"*QA AC ATZCA 05-02 / LCPA 05-07
DEPT. HEAD ^-
CITY ATTY. J^
CITY MGR.
RECOMMENDED ACTION:
Adopt Ordinance No. NS-834 amending Chapters 21.45, 21.44 and 21.82 of the Carlsbad
Municipal Code to facilitate the development of high quality residential projects consistent
with the Residential Density Policies of the General Plan, and to clarify ambiguities and
correct inconsistencies.
ITEM EXPLANATION:
Ordinance No. NS-834 was introduced and first read at the City Council meeting held on
February 20, 2007. The second reading allows the City Council to adopt the ordinance,
which shall be effective no sooner than thirty days after its adoption but not until approved
by the California Coastal Commission.
The City Clerk shall certify to the adoption of Ordinance No. NS-834 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.
FISCAL IMPACT:
See Agenda Bill No. 18,907 on file in the Office of the City Clerk.
EXHIBITS:
1. Ordinance No. NS-834.
DEPARTMENT CONTACT: Sheila Cobian (760) 434-2927, scobi@ci.carlsbad.ca.us
FOR CITY CLERKS USE ONLY.
COUNCIL ACTION: APPROVED %
DENIED D
CONTINUED D
WITHDRAWN D
AMENDED D
CONTINUED TO DATE SPECIFIC D
CONTINUED TO DATE UNKNOWN D
RETURNED TO STAFF D
OTHER - SEE MINUTES D
1 ORDINANCE NO. NS-834
2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA APPROVING A ZONE CODE
3 AMENDMENT TO AMEND THE STANDARDS IN MUNICIPAL
CODE CHAPTER 21.45 (PLANNED DEVELOPMENTS),
4 CHAPTER 21.44 (PARKING), AND CHAPTER 21.82 (BEACH
AREA OVERLAY ZONE) TO FACILITATE THE DEVELOPMENT
5 OF HIGH QUALITY RESIDENTIAL PROJECTS CONSISTENT
WITH THE RESIDENTIAL DENSITY POLICIES OF THE
6 GENERAL PLAN, AND TO CLARIFY AMBIGUITIES AND
CORRECT INCONSISTENCIES.
7 CASE NAME: PLANNED DEVELOPMENT REGULATION
AMENDMENTS
CASE NO.: ZCA 05-02 / LCPA 05-07
9 The City Council of the City of Carlsbad, California, does ordain as follows:
10 SECTION I: That Chapter 21.44 of the Carlsbad Municipal Code is amended to
read as follows:11
Chapter 21.44
12
PARKING
13
21.44.010 Required off-street parking.
21.44.020 Off-street parking spaces required.
21.44.030 Parking requirements for uses not specified.
21.44.040 Parking provisions may be waived by planning commission.
21.44.050 General requirements.
16 21.44.060 Off-street parking-Residential zones.
21.44.070 Comprehensive planned facilities.
' 21.44.080 Joint use of off-street parking facilities.
21.44.090 Common parking facilities.
21.44.100 Parking area plan.
1Q 21.44.010 Required off-street parking.
A. Off-street parking, designed in accordance with the requirements of this chapter,
shall be provided for:
1. All newly constructed buildings;
2. Additions to existing buildings, except for:
22 a- Additions or alterations to an existing one-family dwelling when the addition or
alteration results in less than 300 square feet of cumulative additional floor space (over the
amount of the original dwelling structure);
3. Any change of use within an existing building.
24 B. All required parking shall be made permanently available and be permanently
maintained for parking purposes.
25 C. When calculating the required number of parking spaces, if the calculation results
in a fractional parking space, the required number of parking spaces shall always be rounded up
25 to the nearest whole number.
27 21.44.020 Off-street parking spaces required.
A. The number of off-street parking spaces required for the uses or structures
28 designated in this section shall be no less than as set forth in Table A, below.
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B. In the case of multiple uses in a building or on a lot, the total requirements for off-
street parking facilities shall be the sum of the requirements for the various uses computed
separately. Off-street parking facilities for one use shall not be considered as providing required
parking facilities for any other use except as specified in Section 21.44.080 for joint use.
TABLE A
NUMBER OF OFF-STREET PARKING SPACES REQUIRED
USE
Residential
Uses
Commercial,
Industrial,
and Other
Non-
Residential
Uses
One-family dwellings
Two-family dwellings
(apartments only), for
condominium projects see
"planned developments"
Multiple-family dwellings
(apartments only), for
condominium projects see
"planned developments"
Second dwelling units
Planned Developments
Fraternities
Mobile Home Parks
Residential Care Facilities
Rooming House
Housing for senior citizens
Time-share projects
Bed and Breakfast Uses
Bowling Alleys
Delicatessen
Driving Ranges
Financial Institutions and
Professional Offices
NUMBER OF OFF-STREET PARKING SPACES
Two spaces per unit, provided as either:
• a two-car garage (minimum interior 20 feet x 20 feet); or
• two separate one-car garages (minimum interior 12 feet
x 20 feet each)
Same as required for one-family dwellings
..... .. Same as required for multiple-familyVisitor parking dwelling ^ parking.
Studio and one- 1 .5 spaces/unit, one
bedroom units covered
of which must be
Units with two or 2 spaces/unit, one of which must be
more bedrooms covered
Projects with 1 0
units or fewer
Visitor parking Projects with 1 1^ a units or more
A .30 space per
each unit.
A .25 space per
each unit.
Visitor parking may be covered or
uncovered.
1 space (covered or uncovered), in addition to the parking
required for the primary use (single, one-family dwelling).
The additional parking space may be provided through
tandem parking (provided that the one-family dwelling
garage is accessed by a driveway with a minimum depth of
20 feet), or within the front yard setback.
See Chapter 21. 45.
1 .25 spaces for each sleeping room
2 spaces per unit, plus 1 visitor parking
units
space for every 4
2 spaces, plus 1 space/three beds
1 space for each sleeping room
1.5 covered spaces per unit, plus 1 covered space for an
onsite manager's unit (when provided), and 1 visitor parking
space per every five units, subject to approval of a site
development plan.
1 .2 spaces per unit
2 spaces, one of which must be covered for the owner's
unit, plus 1 space for each guest room.
6 per alley
1 space/250 square feet of gross floor area
1 space/tee plus required parking for accessory uses
Medical Office 1 space/200 square feet
of gross floor area
Financial Institutions 1 space/250 square feetof gross floor area
Other office uses 1 space/250 square feet
of gross floor area
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TABLE A, CONTINUED
NUMBER OF OFF-STREET PARKING SPACES REQUIRED
USE
Commercial,
Industrial,
and Other
Non-
Residential
Uses, cont.
Financial Institutions and
Professional Offices, cont.
Furniture and Appliance
Sales
Golf Courses
Gyms and Health Spas
Hospitals
Hotels and Motels
Industrial building ("spec" -
no specific uses identified)
Libraries
Library Substations
Manufacturing
Mortuaries
Motor Vehicle Uses
Museums
Professional Care Facilities
Public Assembly
Recreational Vehicle
Storage Areas
Research and Development
(R&D)
Restaurants
Retail Uses
Schools
Theaters
Warehouse
NUMBER OF OFF-STREET PARKING SPACES
Office uses in the village space/300 square feet
redevelopment zone and areas £ ^
within 300 feet of its boundary y
1 space/600 square feet of gross floor area
6 spaces/hole plus required parking for accessory uses.
1 space/200 square feet of gross floor area
3 spaces per bed, or 1/200 square feet of gross floor area,
whichever is greater.
1.2 spaces per unit
1 space/250 square feet of gross floor area1
1 space/200 square feet of gross floor area
1 space/250 square feet of gross floor area
1 space/400 square feet of gross floor area, plus 1 space for
each vehicle used in conjunction with the use
1 space/50 square feet of assembly area
Sales 1 space/400 square feet of gross floor area
4 spaces for every work bay (up through three work
Repair bays), plus 2 spaces per bay in excess of three
bays. Workbays do not count as parking spaces.
1 space/500 square feet of gross floor area
.45 parking spaces per every bed
1 space/5 seats, or 1 space/100 square feet of assembly
area, whichever is greater
1 space for every 10,000 square feet of storage area, with a
minimum of 3 spaces.
1 space/250 square feet of gross floor area
Bio industrial R&D - 1 space/300 square feet of gross floor
area
Less than
4,000 square
feet in size
4,000 square
feet or
greater
Individual
Shopping
Center
Preschools/
Nurseries
Elementary
Schools
High Schools
Colleges,
Vocational
Schools
1 space/100 square feet of gross floor area
40 spaces plus 1 space/50 square feet of
gross floor area in excess of 4,000 square
feet.
1 space/300 square feet of gross floor area.
1 space/200 square feet of gross floor area 2
1 space/employee plus 1 space for each 10
students, with an adequate loading and
unloading area
1 space/employee, with an adequate
loading and unloading area
1 space/employee plus 1 space for each 10
students, with an adequate loading and
unloading area
1 space/employee plus 1 space for each 3
students, with an adequate loading and
unloading area
1 space/5 seats
1 space/1 ,000 square feet of gross floor area, plus 1 space
for each vehicle used in conjunction with the use
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1 Projects proposing a "spec" industrial building may provide parking at manufacturing or warehouse
standards, provided a deed restriction is recorded on the property indicating that these uses on the
property will be retained and no other type of use creating a need for additional parking will be
permitted, unless more parking area is provided to meet city parking standards.2 Uses permitted in the underlying zone may be allowed in under-parked shopping centers without the
need to provide additional parking, provided there is no expansion of floor area (this does not apply to
conditionally permitted uses).
21.44.030 Parking requirements for uses not specified.
A. Where the parking requirements for a use are not specifically defined herein, the
parking requirements for such use shall be determined by the planning commission, and such
determination shall be based upon the requirements for the most comparable use specified in
this chapter.
21.44.040 Parking provisions may be waived by planning commission.
A. The planning commission may, by resolution, waive or modify the provisions as
set forth in this title establishing required parking areas for uses such as electrical power
generating plants, electrical transformer stations, utility or corporation storage yards or other
uses of a similar or like nature requiring a very limited number of persons.
21.44.050 General requirements.
A. The following general requirements shall apply to all parking spaces and areas:
TABLE B
PARKING SPACES AND AREAS
Subject
Parking space
size
Compact parking
Minimum width of
aisles that provide
access to parking
spaces
Requirement
Standard parking
space
Parallel parking space
Compact parking
space
Nonresidential zones
Residential zones
All zones
30 and 45
degree parking
60 degree parking
90 degree parking
Minimum area of 170 square feet
Minimum width of 8.5 feet
Maximum overhang of 2.5 feet, provided the overhang
does not encroach into any required landscape setback.
Minimum length of 24 feet, exclusive of driveway/drive-
aisle entrances and aprons
Minimum length of 20 feet if located immediately adjacent
to a driveway/drive-aisle apron
Minimum width of 7 feet
Minimum width of 8 feet
Minimum length of 15 feet
No overhang permitted
Up to 25% of the total required parking spaces may be
compact spaces.
Up to 45% of the required visitor parking spaces may be
compact spaces.
Compact car spaces shall be located in separate parking
aisles from standard sized spaces.
Aisles for compact car spaces shall be clearly marked with
permanent pole signs denoting "Compact Cars Only".
Compact car spaces shall be located in close proximity to
the facility they are intended serve, so as to encourage
their maximum usage.
One-way traffic 14 feet wide
Two-way traffic 24 feet wide
One-way traffic 1 8 feet wide
Two-way traffic 24 feet wide
24 feet wide
20 feet - where no vehicles pull into or back-out into a drive-aisle from a parking
space.
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TABLE B, CONTINUED
PARKING SPACES AND AREAS
Subject
Minimum width of
aisles that provide
access to parking
spaces, cont.
Circulation
Location of
required parking
Required
landscaping of
parking areas
Development and
maintenance of
public or private
parking areas with
a capacity for 5 or
more vehicles
Requirement
Additional width may be required for vehicle/emergency vehicle maneuvering area.
Circulation within a parking area must be such that a car entering the parking area
need not enter a street to reach another aisle and that a car need not enter a street
backwards. This provision shall not apply to off-street parking required for one-
family and two-family dwelling units.
For one-family, two-
family, and multiple-
family dwellings
For other residential
uses or care facilities
(e.g., housing for
senior citizens,
hospitals, residential
care facilities, etc.)
For uses other than
those specified above
For parking areas
having a capacity of
five or more vehicles
(except parking
provided for one-
family and two-family
dwellings)
Surfacing
Border Barricades,
Screening, and
Landscaping
See Section 21.44.060.
Not more than 150 feet walking distance from the nearest
point of the parking facility to the nearest point of the
building that the parking facility is required to serve.
Not more than 300 feet walking distance from the nearest
point of the parking facility to the nearest point of the
building that the parking facility is required to serve.
For purposes of required landscaping, the words "parking
area" shall include all blacktop or paved areas, including
access ways and areas.
At least 3% of the parking area shall be planted and
maintained with trees listed on the city's official street tree
list, or approved shrubs. Said trees or shrubs shall be:
• Contained in planting areas with a minimum dimension
of 4 feet and bounded by a concrete or masonry curb
of a minimum of 6 inches in height;
• Located throughout the off-street parking areas in
order to obtain the maximum amount of dispersion.
All landscaped areas shall be served by a water irrigation
system and be supplied with bubblers or sprinklers.
All plans for such landscaped areas shall be approved by
the planning director prior to the construction and
placement thereof.
Off-street parking areas shall be paved or otherwise
surfaced and maintained so as to eliminate dust or mud,
and shall be so graded and drained as to dispose of all
surface water. In no case shall such drainage be allowed
across sidewalks or driveways.
Every parking area that is not separated by a fence from
any street or alley property line upon which it abuts, shall
be provided with a suitable concrete curb or timber barrier
not less than 6 inches in height, and located not less than
2 feet from such street or alley property lines, and such
curb or barrier shall be securely installed and maintained;
provided no such curb or barrier shall be required across
any driveway or entrance to such parking area.
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TABLE B, CONTINUED
PARKING SPACES AND AREAS
Subject
Development and
maintenance of
public or private
parking areas with
a capacity for 5 or
more vehicles,
cont.
Parking areas for
commercial or
office/professional
uses in R-3, R-P
and R-T zones
Requirement
Border Barricades,
Screening, and
Landscaping, cont.
Entrances
and Exits
Every parking area abutting property located in a residential
zone shall be separated from such property by a solid wall,
view-obscuring fence or compact evergreen hedge 6 feet in
height measured from the grade of the finished surface of
such parking lot closest to the contiguous residentially
zoned property; provided, that along the required front yard,
the fence, wall or hedge shall not exceed 42 inches in
height. No such wall, fence or hedge need be provided
where the elevation of that portion of the parking area
immediately adjacent to a residential zone is 6 feet or more
below the elevation of such residentially zoned property
along the common property line.
Any lights provided to illuminate any public parking area,
semi-public parking area or used car sales area permitted
by this chapter shall be so arranged as to reflect the light
away from any premises upon which a dwelling unit is
located.
The location and design of all entrances and exits shall be
subject to the approval of the planning director or other
designated person, provided no entrance or exit, other than
on or from an alley, shall be closer than 5 feet to any lot
located in a residential zone.
No parking lot to be used as an accessory to a commercial or office/professional
establishment shall be established until reviewed by the planning commission and
its location approved. Such approval may be conditioned upon the commission's
requiring the planting and/or maintenance of trees, shrubs or other landscaping
within and along the borders of such parking area.
The parking lot shall be no farther than 50 feet when measured from it's closest
boundary to the commercial or office/professional establishment to which it is
accessory.
Such parking lot shall be used solely for the parking of private passenger vehicles.
21.44.060 Off-street parking-Residential zones.
A. In all residential zones the following parking regulations shall apply:
1. Garages, parking stalls, carports and RV parking spaces (excluding those in
approved RV parking lots) shall be for the exclusive use of the residents only and shall not be
separately sold or rented to nonresidents of the property.
2. Required parking spaces for dwelling units shall be located subject to the
following:
TABLE C
LOCATION OF REQUIRED PARKING SPACES IN RESIDENTIAL ZONES
Parking
Required For:
One-family,
Two-family, and
Multiple-family
dwellings
Location Standards For Required Parking Spaces
All dwelling
types
Required parking spaces shall be located on the same lot or building
site as the buildings they are required to serve.
Required parking shall not be located within the front yard setback.
Required uncovered parking spaces may be located within the side
and/or rear yard setback, provided that a 6 foot-high masonry wall (or
some other solid material approved by the decision-making authority) is
built along the property line adjacent to the setback area.
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TABLE C, CONTINUED
LOCATION OF REQUIRED PARKING SPACES IN RESIDENTIAL ZONES
Parking
Required For:Location Standards For Required Parking Spaces
Multiple-
family
dwellings
Visitor
parking for
two-family
and multiple-
family
dwellings
One-family,
Two-family, and
Multiple-family
dwellings, cont.Second
dwelling units
Existing
substandard
frontage lots
with a width
of less than
50
Subterranean
parking
Required parking spaces shall be located no more than 150 feet as
measured in a logical walking path from the entrance to the unit it could
be considered to serve.
Same as parking required for primary residential use, with the following
exception:
• Required visitor parking need not be located within a garage.
• Required visitor parking spaces shall be not more than 300 feet
walking distance to the unit the parking space is required to serve.
• For projects with 10 or fewer units (outside the Beach Area Overlay
Zone), all required visitor parking may be located within driveways
(located in front of a unit's garage), provided that all dwelling units
in the project have driveways with a depth of 20 feet or more
(measured from the front property line, back of sidewalk, or edge of
drive-aisle, whichever is closest to the structure).
Same as parking required for primary residential use, with the following
exceptions:
• May be located in the front yard setback; and
• May be located as a tandem space on a driveway in front of the
primary residence's garage (provided the garage is set back a
minimum of 20 feet from the property line
Tandem parking within the front yard setback shall be permitted,
provided:
• There is a minimum of one parking space per dwelling unit located
within the required setback lines; and
• The front yard building setback is no less than 20 feet (in the R-W
zone, the front yard setback shall be no less than 10 feet to a
second or third building floor).
A zero foot setback for subterranean parking shall be permitted,
provided that within the setback area(s) all of the "subterranean parking
structure" is completely underground and the setbacks are fully
landscaped, except for driveways necessary to provide access.
3.
standards:
Garages in residential zones shall be constructed according to the following
TABLE D
RESIDENTIAL GARAGE STANDARDS
Residential Use Garage Standard
Garages for one-family
and two-family
dwellings
The two required parking spaces per unit shall be provided within either:
• A two-car garage with a minimum interior dimension of 20 feet by 20 feet; or
• Two one-car garages with interior dimensions of 12 feet by 20 feet each.
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One-car garage
Garages for multiple-
family dwellings (if
provided for required
parking)
Two-car garage (both
spaces for same unit)
Multiple one-car garages
in one structure
Minimum interior dimensions of 12 feet by 20 feet.
Minimum interior dimensions of 20 feet by 20 feet.
Each separate, one-car garage shall have interior
dimensions of 12 feet by 20 feet, exclusive of
supporting columns.
As a minimum, each space shall be separated from
the adjacent garage, floor to ceiling, by a permanent
stud partition with 1/2-inch gypsum board on one
side, where no additional fire protection is required.
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TABLE D, CONTINUED
RESIDENTIAL GARAGE STANDARDS
Residential Use Garage Standard
Each parking space shall maintain a standard stall
Garages for multiple- .- , , . . size of 8.5 feet by 20 feet, exclusive of supportingtnciosco pdrKinQ Q3.r3.QGfamily dwellings (f .. ... • columns or posts.
provided for required rkina soaces ^ backup distance of 24 feet shall be maintained in
parking), cont. ^ ^ ^ addition to a minimum 5 feet turning bump-out
located at the end of any stall series.
4. The parking of vehicles in residential zones shall be subject to the following
regulations:
TABLE E
WHERE VEHICLES CAN BE PARKED IN RESIDENTIAL ZONES
Type Of Vehicle
Passenger
vehicles, and
Light-duty
commercial
vehicles used as
a principal means
of transportation
hw sin rt /"*/"M incint rvfUy ell 1 wLfUUfJdlll L/l
the dwelling
Recreational
vehicles, boats,
and trailers
Where Vehicles Can Be Parked
One-family,
two-family,
and multiple-
family
dwellings
One-family
dwellings on
individual lots
(in addition to
parking
provided as
required for
the dwelling)
One-family
dwellings on
individual lots
Garage
Covered or uncovered parking spaces provided as required for the
dwelling unit
In the required front yard on a paved driveway or parking area that:
1 . Does not exceed 30% of the required front yard area; or
2. Is comprised of 24 feet of width extended from the property line to
the rear of the required front yard, whichever is greater.
A paved area between the required front yard and the actual front of
the building, as long as it is an extension and does not exceed the
width of the area described above.
Any other area of the lot provided that they are screened from view
from the public right-of-way.
For corner lots, the provisions of this subsection shall apply to the
required street side yard; however, in no case, shall the provisions of
this section allow parking in both the required front yard and the
required street side yard.
In an enclosed structure observing all required setbacks
Open parking in the side yard or the rear yard
Open parking in the required front yard if the parking area does not
exceed the maximum paved area permitted for passenger vehicles,
and the planning director determines, after giving the same notice as
provided for administrative variances in Section 21 .51 .040 of this
code, that access to the side or rear yard cannot be provided. In
making this determination, the planning director shall consider:
1 . Whether parking in, or access to, the side or rear yard would
require structural alteration to the existing residence, or would
require the removal of significant or unique landscaping. A fence
shall not be deemed to prevent access to the side or rear yard;
2. Whether parking in or access to the side or rear yard would
require extensive grading;
3. Whether, because of the configuration of the lot, existing
landscaping, the location of the structures on the lot, and the size of
the recreational vehicle, parking of the recreational vehicle in the
front yard would interfere with visibility to or from any street;
4. Whether allowing parking of the recreational vehicle in the
front yard would interfere with traffic on the street or sidewalk, or
would encroach into the street and utility right-of-way.
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TABLE E, CONTINUED
WHERE VEHICLES CAN BE PARKED IN RESIDENTIAL ZONES
Type Of Vehicle
Recreational
vehicles, boats,
and trailers, cont.
Inoperable
Vehicles
Heavy-Duty
Commercial
Vehicles
Where Vehicles Can Be Parked
One-family
dwellings on
individual
lots, cont.
One-family,
two-family, &
multinlp-1 1 1 Wl U|«M*^
family
dwellings
One-family,
two-family, &
multiple-
family
dwellings
Any person objecting to a decision made pursuant this subsection
may request in writing within ten days of the determination by the
planning director, an administrative hearing with the planning
director. The planning director shall apply the criteria of this section
in making his determination. The decision of the director shall be
final unless the director's decision is appealed to the planning
commission. The effective date of the planning director's decision
and method of appeal of such decision shall be governed by Section
21 .54.140 of this code.
Note: A corner lot is deemed to have reasonable access to the rear
yard.
Notwithstanding the above, during the construction of a permanent
one-family dwelling on a lot, the owner of the lot may live in a
recreational vehicle upon said lot during construction of said dwelling
for a period not to exceed 6 months.
The provisions listed in this section are not intended to supersede
more restrictive homeowner provisions contained in approved
conditions, covenants and restrictions (CC&Rs). If the provisions of
any such CC&Rs are less restrictive than the ordinance codified in
this section, then the provisions contained herein shall apply.
Storage or parking of inoperable, wrecked, dismantled or abandoned
vehicles shall be regulated by Chapter 10.52 of this code, with the
following exception:
• For one-family dwellings on individual lots, not more than two
vehicles in any inoperable, wrecked or dismantled condition may
be parked in the side yard or rear yard while said vehicles are
being repaired or restored by the owner of the property, provided
the vehicles are visually screened from the public right-of-way.
No heavy-duty commercial vehicles as defined by Section 10.40.075
of this code, except for trailers as permitted by the provision for
"recreational vehicles, boats, and trailers" above, shall be parked on
any residential lot, except while loading or unloading property; or
when such vehicle is parked in connection with, and in aide of, the
performance of a service to the property on which the vehicle is
parked.
21 .44.070 Comprehensive planned facilities.
A. Areas may be exempted from the parking requirements as otherwise set up in
this chapter, provided:
1. Such area shall be accurately defined by the planning commission after
processing in the same manner required for an amendment to the zoning title;
2. No such district may be established and exempted from the provisions of Section
21.44.020 unless 60% or more of all record lots comprising such proposed district are zoned to
uses first permitted in a commercial (C) or industrial (M) zone;
3. Such exemptions shall apply only to uses first permitted in the commercial (C) or
industrial (M) zones;
4. Before such defined district shall be exempt as provided in this section, active
proceeding under any applicable legislative authority shall be instituted to assure that the
exempted area shall be provided with comprehensive parking facilities which will reasonably
serve the entire district. (Ord. 9804 § 4 (part), 1986)
21 .44.080 Joint use of off-street parking facilities.
/O
1 A. The planning commission may, upon application by the owner or lessee of any
property, authorize the joint use of off-street parking facilities by the following uses or activities:
2 1. Up to 50% of the parking facilities required by this chapter for a use considered
to be primarily a daytime use may be provided by the parking facilities of a use considered to be
3 primarily a nighttime use;
2. Up to 50% of the parking facilities required by this chapter for a use considered
4 to be primarily a nighttime use may be provided by the parking facilities of a use considered to
be primarily a daytime use;
5 3. Up to 100% of the parking facilities required by this chapter for a church or for an
auditorium incidental to a public or parochial school may be supplied by parking facilities of a
6 use considered to be primarily a daytime use;
4. Up to 50% of the parking facilities required by this chapter for a church may be
7 jointly utilized by an on-site, accessory, child day care center provided there is no substantial
conflict in the principal operating hours of the church and child day care center;
8 5. The following uses are typical daytime uses: banks, business offices, retail
stores, personal service shops, clothing or shoe repair or service shops, manufacturing or
9 wholesale buildings and similar uses;
6. The following uses are typical of nighttime and/or Sunday uses: auditoriums
10 incidental to a public or parochial school, churches, dance halls, theaters and bars.
B. The planning commission may authorize the joint use of off-street parking
facilities by the uses or activities specified above, subject to the following conditions:
1. The buildings or uses associated with the joint use of a parking facility shall be
12 located within 150 feet of such parking facility;
2. The application shall show that there is no substantial conflict in the principal
operating hours of the buildings or uses for which the joint use of a parking facility is proposed;
3. Parties involved in the joint use of a parking facility shall provide evidence of
14 agreement for such joint use by a proper legal instrument approved by the city attorney as to
form and content. Such instrument, when approved as conforming to the provisions of this title,
shall be recorded in the office of the county recorder and copies thereof filed with the planning
director.16
21.44.090 Common parking facilities.
A. Common parking facilities may be provided in lieu of the individual requirements
18 contained herein, but such facilities shall be approved by the decision-making authority as to
size, shape and relationship to business sites to be served, provided the total of such off-street
parking spaces, when used together, shall not be less than the sum of the various uses
computed separately.
B. When any such common facility is to occupy a site of 5,000 square feet or more,
then the parking requirements as specified herein for each of two or more participating buildings
or uses may be reduced not more than 15%, subject to approval by the decision-making
authority.
22 21.44.100 Parking area plan.
23 A. The site plan submitted with a building permit application for the building to
which a parking area is accessory shall clearly indicate the proposed development, including
24 location, size, shape, design, curb cuts, lighting, landscaping and other features and
appurtenances of the proposed parking area.
25 "
26 SECTION II: That Chapter 21.45 of the Carlsbad Municipal Code is amended to
read as follows:
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-10-II
1 Chapter 21.45
2 PLANNED DEVELOPMENTS
3 21.45.010 Intent and purpose.
21.45.020 Applicability.
4 21.45.030 Definitions.
21.45.040 Permitted zones and uses.
5 21.45.050 Application and permit.
21.45.060 General development standards.
6 21.45.070 Development standards for one-family dwellings and twin-homes on small lots.
21.45.080 Development standards for condominium projects.
7 21.45.090 Residential additions and accessory uses.
21.45.100 Amendments to permits.
21.45.110 Conversion of existing buildings to planned developments.
21.45.120 Expiration, extension and revisions.
9 21.45.130 Proposed common ownership land or improvements.
21.45.140 Maintenance.
10 21.45.150 Failure to maintain.
21.45.160 Model homes.
21.45.170 Restriction on reapplication for planned development permit.
12 21.45.010 Intent and purpose.
A. The purpose of the planned development ordinance is to:
13 1. Recognize the need for a diversity of housing and product types;
2. 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;
3. Establish a process to approve the following:
a. One-family dwellings and twin-homes on individual lots of less than 7,500 square
feet in size or as otherwise allowed by the underlying zone;
b. Condominium projects consisting of two-family and multiple-family dwellings, as
17 well as one-family dwellings developed as two or more detached dwellings on one lot;
c. Condominium conversions; and
8 d. Private streets;
4. 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.
21 21.45.020 Applicability.
22 A. A planned development permit is required for the development of one-family
dwellings or twin-homes on lots of less than 7,500 square feet or as otherwise allowed by the
underlying zone, attached or detached condominiums, condominium conversions, and private
streets.
24 B. These regulations do not apply to attached residential units proposed for
inclusion as part of a commercial development project.
25 C. Any application for a planned development permit that was deemed complete
prior to the effective date of the ordinance reenacting this chapter, shall not be subject to the
amended provisions of this chapter but shall be processed and approved or disapproved
pursuant to the ordinance superseded by the ordinance codified in this chapter.
27 D. If there is a conflict between the regulations of this chapter and any regulations
approved as part of the city's certified local coastal programs, a redevelopment plan, master
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plan or specific plan, the regulations of the local coastal program, redevelopment plan, master
plan or specific plan shall prevail.
E. A planned development permit shall apply to residential projects only, as
specified in "Table A Permitted Residential Uses" of this chapter.
F. A planned development permit shall be required for the development of a private
street within a residential development that is not otherwise subject to the requirements of this
chapter. Such residential development shall not be subject to any development standard of this
chapter, except the private street standards.
21.45.030 Definitions.
A. Whenever the following terms are used in this chapter, they shall have the
meaning established by this section:
1. "Condominium project" means a common interest development defined by
Section 1351 of the California Civil Code, and which consists of two or more attached or
detached dwelling units on one lot.
2. "Driveway" means an improved surface on private property intended for exclusive
vehicular access from a public/private street or drive-aisle to open/enclosed parking for a single
residential unit (attached or detached).
3. "Drive-aisle" means an improved surface on private property intended for shared
vehicular access (serving two or more residential units, attached or detached) from a
public/private street to a driveway(s) or open/enclosed parking.
4. "Net pad area" means the building pad of a lot excluding all natural or
manufactured slopes greater than 3 feet in height except intervening manufactured slopes
between split-level pads on a single lot.
5. "Planned development" means a form of development usually characterized by a
unified site design for a number of housing units, clustering buildings and providing common
open space, recreation and streets.
6. "Twin-home" means two dwellings attached by a common wall where each
dwelling is on a separate lot that allows for separate ownership.
21.45.040 Permitted zones and uses.
A. Table A, Permitted Residential Uses, specifies the types of residential uses, and
the zones where such uses are permitted, subject to the approval of a planned development
permit. The uses specified in Table A are in addition to any principal use, accessory use,
transitional use or conditional use permitted in the underlying zone.
TABLE A
PERMITTED RESIDENTIAL USES
Legend:
P = Permitted
(#) Number within parenthesis = Permitted only in certain circumstances.
X = Not permitted
Zone
R-1
R-2
R-3
RD-M
R-W
R-P
Residential Use
One-Family Dwelling or Twin-Home on
Small Lots (one unit per lot)
(1)or(4)
P
P
P
X
(5)
Condominium Project
One-family dwellings - (3) or (4)
Two-family dwellings - (1) or (4)
Multiple-family dwellings - (4)
One-family or two-family dwellings - P
Multiple-family dwellings - (2) or (4)
P
P
P
(6)
-12-
1 TABLE A, CONTINUED
PERMITTED RESIDENTIAL USES
2
3
4
5
6
7
Legend:
P = Permitted
(#) Number within parenthesis = Permitted only in certain circumstances.
X = Not permitted
Zone
RMHP
P-C
V-R
Accessory
Uses
Residential Use
One-Family Dwelling or Twin-Home on
Small Lots (one unit per lot)
P
(7)
(8)
(9)
Condominium Project
P
(7)
(8)
(9)
(1) Permitted when the project site is contiguous to a higher intensity land use designation or
zone, or an existing project of comparable or higher density.
(2) Permitted when the proposed project site is contiguous to a lot or lots zone R-3, R-T,
9 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.
10 (3) Permitted when developed as two or more detached units on one lot.
(4) Permitted when the project site contains sensitive biological resources as identified in the
Carlsbad Habitat Management Plan. In the case of a condominium project, attached or detached units
may be permitted when the site contains sensitive biological resources.
(5) Permitted when the R-P zone implements the RMH land use designation.
(6) Permitted when the R-P zone implements the RMH or RH land use designations.
1 „ (7) Permitted uses shall be consistent with the master plan.
(8) Refer to the Carlsbad Village Redevelopment Master Plan for permitted uses.
(9) Refer to Table F for permitted accessory uses.
21.45.050 Application and permit.
15 A. Application.
1. The application for a planned development permit shall be made in writing on the
16 form provided by the planning department, and shall be accompanied by the required fee in an
amount specified by city council resolution.
2. The application shall include plans (i.e. site plan, building elevations, floor plans,
landscape plans, etc.) as required by the city's submittal requirements, which demonstrate
compliance with all development standards and design requirements contained in this chapter.
a. A planned development permit application for a small-lot subdivision (intended to
be developed with one dwelling per lot) may be approved without architecture and plotting; in
which case, approval of a major planned development permit amendment will be required at a
later date to authorize the proposed structures and their placement.
b. A planned development permit application for a condominium project shall
require approval of architecture and plotting concurrent with the approval of the condominium
22 subdivision.
3. The application for a planned development permit shall state the proposed
method of land division (i.e., small lots, or air-space condominiums).
B. Processing Procedures.
24 1 - Table B, Processing Procedures, identifies required procedures for Minor (four or
fewer dwelling units) and Major (five or more dwelling units) Planned Development permits.
25 "
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TABLE B
PROCESSING PROCEDURES
Topic
Decision-Making Body
or Official
Map Required
Required Findings
Public Notice Required
Public Hearing
Required
Appeals
Minor Planned Development Permit
Planning Director
Minor Subdivision Map
(See Title 20, Chapter 20.24)
See Section 21.45.050(0)
See Title 20, Chapter 20.24.
Section 20.24.1 15
No
See Chapter 21. 54, Section 21.54.140
Major Planned Development Permit
Planning Commission (PC)
City Council
(upon PC recommendation)
Up to 50 DU
More than
50 DU
Major Subdivision Map
(See Title 20, Chapter 20.12)
See Section 21.45.050(C)
Chapter 21 .54, Section 21 .54.060(1 )
Yes
See Chapter 21 .54, Section 21.54.150
C. Required Findings.
1. The planning director, planning commission or city council shall approve or
conditionally approve a planned development permit only if the following findings are made:
a. The proposed project is consistent with the general plan, and complies with all
applicable provisions of this chapter, and all other applicable provisions of this code.
b. The proposed project will not be detrimental to existing uses, or to uses
specifically permitted in the area in which the proposed use is to be located, and will not
adversely impact the site, surroundings, or traffic.
c. The project will not adversely affect the public health, safety, or general welfare;
d. The project's design, including architecture, streets, and site layout:
i. Contributes to the community's overall aesthetic quality;
ii. Includes the use of harmonious materials and colors, and the appropriate use of
landscaping; and
iii. Achieves continuity among all elements of the project.
D. Modifications to Development Standards.
1. The decision-making body with the authority to approve a planned development
permit may approve a modification to the development standards specified in this chapter if all
of the following findings are made in writing:
a. The proposed planned development designed with the modified development
standard(s) is consistent with the purpose and intent of this chapter; and
b. The proposed modification(s) will result in the preservation of natural habitat as
required by the Carlsbad Habitat Management Plan (HMP); and
c. The amount of natural habitat preservation required by the HMP could not be
achieved by strict adherence to the development standards of this chapter; and
d. The proposed modification(s) will not adversely affect the public health, safety, or
general welfare; and
e. If the project is located within the coastal zone, the modification is consistent with
all Local Coastal Program policies and standards for the protection of coastal resources.
2. Any application for a planned development permit that involves a request for a
modification to the development standards of this chapter shall include documentation that
clearly demonstrates the modification is necessary to implement the natural habitat preservation
requirements of the HMP.
3. The decision-making body with the authority to approve a planned development
permit may modify the plan, or impose such conditions or requirements that are more restrictive
than the development standards specified in this chapter, the underlying zone or elsewhere in
this code, as deemed necessary to protect the public health, safety and general welfare, or to
insure conformity with the general plan and other adopted policies, goals or objectives of the
city.
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21.45.060 General development standards.
A. All planned developments shall comply with the general development standards
specified in Table C below. Specific standards applicable to one-family dwellings and twin-
homes on small-lots can be found in Table D; and standards applicable to condominium
projects can be found in Table E.
B. In addition to the provisions of this chapter, a planned development project shall
be subject to the development standards of the project site's underlying zone.
C. If there is a conflict between the development standards of this chapter and the
development standards applicable to the project site's underlying zone, the standards of this
chapter shall prevail. Exception: the development standards specified in the city's local coastal
program, a redevelopment plan, master plan or specific plan shall prevail if such standards
conflict with the standards of this chapter.
D. When approved, a planned development permit shall become a part of the
zoning regulations applicable to the subject property.
TABLE C
GENERAL DEVELOPMENT STANDARDS
REF.
NO.SUBJECT DEVELOPMENT STANDARD
C.1 Density
Per the underlying General Plan designation. When two or more general plan land
use designations exist within a planned development, the density may be
transferred from one general plan designation to another with a general plan
amendment.
All dwelling units adjacent to any arterial road shown on the Circulation Element of
the General Plan shall maintain the following minimum setbacks from the right-of-
way:
Prime Arterial 50 Feet
Major Arterial 40 Feet
Secondary Arterial 30 Feet
Carlsbad Boulevard 20 Feet
C.2 Arterial
Half (50%) of the required arterial setback area located closest to the arterial shall
be fully landscaped to enhance the streetscene and buffer homes from traffic on
adjacent arterials, and:
• Shall contain a minimum of one 24" box tree for every 30 lineal feet of street
frontage; and
Shall be commonly owned and maintained
Project perimeter walls greater than 42 inches in height shall not be located
in the required landscaped portion of the arterial setback, except noise
attenuation walls that:
• Are required by a noise study, and
• Due to topography, are necessary to be placed within the required
landscaped portion of the arterial setback.
C.3
Permitted
Intrusions into
Setbacks/
Building
Separation
Permitted intrusions into required building setbacks shall be the same as specified
in Section 21.46.120 of this code. The same intrusions specified in Section
21.46.120 shall be permitted into required building separation.
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C.4 Streets Dri,,otoPnVate
Public
Minimum right-of-way width
Minimum curb-to-curb width
Minimum parkway width
(curb adjacent)
Minimum sidewalk width
Minimum right-of-way width
56 feet
34 feet
,- .. . * . , .. .5'5 feet' Includin9 curb
5 feet (setback 6 inches from
property line)
60 feet
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TABLE C, CONTINUED
GENERAL DEVELOPMENT STANDARDS
REF.
NO.
C.4,
cont.
C.5
C.6
C.7
SUBJECT
Streets,
cont.
Drive-aisles
Number of
Visitor
Parking
Spaces
Required (1)
Location of
Visitor
Parking
DEVELOPMENT STANDARD
Public, cont.
Street Trees
within
parkways
3 or fewer
dwelling units
4 or more
dwelling units
All projects
Minimum curb-to-curb width 34 feet
Minimum parkway width jnc|ud curb
(curb adjacent) a
.... .. „ .... 5 feet (setback 6 inches fromMinimum sidewalk width ^^ |jne)
One-family A minimum of one street tree (24-inch box)
dwellings and twin per lot is required to be planted in the
homes on small-lots parkway along all streets.
Condominium Street trees shall be spaced no further apart
projects than 30 feet on center within the parkway.
Tree species should be selected to create a unified image for the
street, provide an effective canopy, avoid sidewalk damage and
minimize water consumption.
Minimum 12 feet wide when the drive-aisle is not required for
emergency vehicle access, as determined by the Fire Chief.
If the drive-aisle is required for emergency vehicle access, it shall
be a minimum of 20 feet wide.
Minimum 20 feet wide.
No parking shall be permitted within the minimum required width of
a drive-aisle.
A minimum 24-foot vehicle back-up/maneuvering area shall be
provided in front of garages, carports or uncovered parking spaces
(this may include driveway area, drive-aisles, and streets).
Additional width may be required for vehicle/emergency vehicle
maneuvering area.
Parkways and/or sidewalks may be required.
No more than 24 dwelling units shall be located along a single-entry
drive-aisle.
All drive-aisles shall be enhanced with decorative pavement.
Projects with 10 units or fewer A .30 space per each unit.
Projects 1 1 units or more A .25 space per each unit.
When calculating the required number of visitor parking spaces, if the calculation
results in a fractional parking space, the required number of visitor parking spaces
shall always be rounded up to the nearest whole number.
On Private/
Public Streets
As parallel parking along public/private street(s) (minimum 34-feet
wide curb-to-curb), as follows:
• Along both sides of any private/public street(s) located within the
project boundary.
• Along the abutting side and portion of any existing public/private
street(s) that is contiguous to the project boundary.
In parking bays along driveways, drive-aisles, or public/private
streets within the project boundary.
When visitor parking is provided as on-street parallel parking, not
less than 24 lineal feet per space, exclusive of driveway/drive-aisle
entrances and aprons, shall be provided for each parking space,
except where parallel parking spaces are located immediately
adjacent to driveway/drive-aisle aprons, then 20 lineal feet may be
provided.
Within the Beach Area Overlay Zone, on-street parking shall not
count toward meeting the visitor parking requirement.
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TABLE C, CONTINUED
GENERAL DEVELOPMENT STANDARDS
REF.
NO.
C.7,
cont.
C.8
C.9
SUBJECT
Location of
Visitor
Parking,
cont.
Screening of
Parking Areas
Community
Recreational
Space (1)
DEVELOPMENT STANDARD
On
Drive-aisles
On a
Driveway
Compact
Parking
Distance from
unit
Visitor parking must be provided in parking bays that are located
outside the required minimum drive-aisle width.
Outside
the
Beach
Area
Overlay
Zone
Within
the
Beach
Area
Overlay
Zone
All
projects
One required visitor parking space may be credited for
each driveway in a project that has a depth of 40 feet or
more.
For projects with 10 or fewer units, all required visitor
parking may be located within driveways (located in front
of a unit's garage), provided that all dwelling units in the
project have driveways with a depth of 20 feet or more.
One required visitor parking space may be credited for
each driveway in a project that has a depth of 40 feet or
more.
In addition to the provisions above to locate visitor
parking in a driveway, if the streets within and/or
adjacent to the project allow for on-street parking on
both sides of the street, then visitor parking may be
located in a driveway, subject to the following:
• All required visitor parking may be located within
driveways (located in front of a unit's garage),
provided that all dwelling units in the project have
driveways with a depth of 20 feet or more.
• If less than 100% of the driveways in a project have a
depth of 20 feet or more, then a .25 visitor parking
space will be credited for each driveway in a project
that has a depth of 20 feet or more (calculations
resulting in a fractional parking space credit shall
always be rounded down to the nearest whole
number).
The minimum driveway depth required for visitor parking
(20 feet or 40 feet) applies to driveways for front or side-
loaded garages, and is measured from the property line,
back of sidewalk, or from the edge of the drive-aisle,
whichever is closest to the structure.
For projects of more than 25 units, up to 25% of visitor parking may
be provided as compact spaces (8 feet by 15 feet). No overhang is
permitted into any required setback area or over sidewalks less
than 6 feet wide.
For all projects within the Beach Area Overlay Zone, up to 55% of
the visitor parking may be provided as compact spaces (8 feet by
15 feet).
Visitor parking spaces must be located no more than 300 feet as
measured in a logical walking path from the entrance of the unit it
could be considered to serve.
Open parking areas should be screened from adjacent residences and public rights-
of-way by either a view-obscuring wall, landscaped berm, or landscaping, except
parking located within a driveway.
Community recreational space shall be provided for all projects of 1 1 or more
dwelling units, as follows:
Minimum
community
Project is NOT within RH general „„,, , .
plan designation 20° sc^uare feet per unit
recreational Project IS within RH general plan ,„ , ,
space required designation 150 square feet per unit
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TABLE C, CONTINUED
GENERAL DEVELOPMENT STANDARDS
REF.
NO.
C.9,
cont.
C.10
C.11
SUBJECT
Community
Recreational
Space (1),
cont.
Lighting
Utilities
DEVELOPMENT STANDARD
Projects with
1 1 to 25
dwelling units
Projects with
26 or more
dwelling units
Projects with
50 or more
dwelling units
Projects with
50 or more
dwelling units,
cont
All projects
(with 1 1 or
more dwelling
units)
Recreation
Area Parking
Community recreational space shall be provided as either (or
both) passive or active recreation facilities.
Community recreational space shall be provided as both passive
and active recreational facilities with a minimum of 75% of the
area allocated for active facilities.
Community recreational space shall be provided as both passive
and active recreational facilities for a variety of age groups (a
minimum of 75% of the area allocated for active facilities).
For projects consisting of one-family dwellings or twin homes on
small-lots, at least 25% of the community recreation space must
be provided as pocket parks.
• Pocket park lots must have a minimum width of 50 feet and be
located at strategic locations such as street intersections
(especially "T-intersections") and where open space vistas
may be achieved.
Community recreational space shall be located and designed so
as to be functional, usable, and easily accessible from the units it
is intended to serve.
Credit for indoor recreation facilities shall not exceed 25% of the
required community recreation area.
Required community recreation areas shall not be located in any
required front yard and may not include any streets, drive-aisles,
driveways, parking areas, storage areas, slopes of 5% or greater,
or walkways (except those walkways that are clearly integral to
the design of the recreation area).
In addition to required resident and visitor parking, recreation
area parking shall be provided, as follows: 1 space for each 15
residential units, or fraction thereof, for units located more than
1 ,000 feet from a community recreation area.
The location of recreation area parking shall be subject to the
same location requirements as for visitor parking, except that
required recreation area parking shall not be located within a
driveway(s).
Examples of recreation facilities include, but are not limited to, the following:
Active
Passive
Swimming pool area
Children's playground equipment
Spa
Courts (tennis, racquetball, volleyball, basketball)
Recreation rooms or buildings
Horseshoe pits
Pitch and putt
Grassy play areas with a slope of less than 5% (minimum area of
5,000 square feet and a minimum dimension of 50 feet)
Any other facility deemed by the planning director to satisfy the
intent of providing active recreational facilities.
Benches
Barbecues
Community gardens
Grassy play areas with a slope of less than 5%.
Lighting adequate for pedestrian and vehicular safety shall be provided.
Separate utility systems shall be provided for each unit.
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TABLE C, CONTINUED
GENERAL DEVELOPMENT STANDARDS
REF.
NO.
C.12
C.13
SUBJECT
Recreational
Vehicle (RV)
Storage (1)
Storage
Space
DEVELOPMENT STANDARD
Required for projects with 100 or more units, or a master or specific plan with 100 or
more planned development units. Exception: RV storage is not required for
projects located within the RMH or RH land use designations.
20 square feet per unit, not to include area required for driveways and approaches.
Developments located within master plans or residential specific plans may have
this requirement met by the common RV storage area provided by the master plan
or residential specific plan.
RV storage areas shall be designed to accommodate recreational vehicles of
various sizes (i.e. motorhomes, campers, boats, personal watercraft, etc.).
The storage of recreational vehicles shall be prohibited in the front yard setback and
on any public or private streets or any other area visible to the public. A provision
containing this restriction shall be included in the covenants, conditions and
restrictions for the project. All RV storage areas shall be screened from adjacent
residences and public rights-of-way by a view-obscuring wall and landscaping.
480 cubic feet of separate storage space per unit.
If all storage for each unit is located in one area, the space may be reduced to 392
cubic feet.
Required storage space shall be separately enclosed for each unit and be
conveniently accessible to the outdoors.
Required storage space may be designed as an enlargement of a covered parking
structure provided it does not extend into the area of the required parking stall, and
does not impede the ability to utilize the parking stall (for vehicle parking).
A garage (12'x20' one-car, 20'x20' two-car, or larger) satisfies the required storage
space per unit.
This requirement is in addition to closets and other indoor storage areas.
(1) This standard does not apply to housing for senior citizens (see Chapter 21 .84 of this code).
21 .45.070 Development standards for one-family dwellings and twin-homes on small lots.
A. In addition to the general development standards found in Table C, planned
developments that include one-family dwellings or twin-homes on small lots shall comply with
the following development standards found in Table D, One-Family Dwellings and Twin-Homes
on Small Lots.
TABLE D
ONE-FAMILY DWELLINGS AND TWIN-HOMES ON SMALL LOTS
Ref.
No.
D.1
D.2
D.3
SUBJECT DEVELOPMENT STANDARD
M • hlf h H Must comply with city council Policy 66, Principles for the Development of Livable
Po'cy Neighborhoods.
Architectural Must comply with city council Policy 44, Neighborhood Architectural Design
Requirements Guidelines.
dwellina's^ 5,000 square feet (one dwelling per lot)
Twin-homes 3,750 square feet (one dwelling per lot)
Minimum Lot 3,500 square feet (one-family or twin-home - one dwelling per lot)
Area when either:
Exception 1 . The project site contains sensitive biological resources as
identified in the Carlsbad habitat management plan; or
2. The site has a general plan designation of RMH and unique
circumstances such as one of the following exists:
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4
5
6
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10
11
12
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17
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22
23
24
25
26
27
28
TABLE D, CONTINUED
ONE-FAMILY DWELLINGS AND TWIN-HOMES ON SMALL LOTS
Ref.
No.
D.3,
cont.
D.4
D.5
D.6
D.7
D.8
D.9
SUBJECT
Minimum Lot
Area, cont.
Maximum Lot
Coverage
Minimum Lot
Width (1)
Minimum
Street/Drive-
Aisle Frontage
Minimum
Setback
from a Private
or Public
Street<2)<3)
Minimum
Setback
from a
Drive-Aisle^
Minimum
Interior Side
Yard Setback
DEVELOPMENT STANDARD
Exception,
cont.
1 story homes
2 story homes
a. The project is for lower income or senior citizen 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 rail/transit center,
commercial center or employment center.
60% of the net pad area
45% of the net pad area for all lots in a project, if the minimum lot area in
the project is 5,000 square feet or greater.
50% of the net pad area
the project is less than 5
for all lots in a project, if the minimum lot area in
000 square feet.
Porches with no livable space above the porch, and porte-cocheres no more than
20 feet in width and 6 feet in depth are exempt from lot coverage requirements.
One-family dwellings on lots equal to
or greater than 5,000 square feet
One-family dwellings on lots less than
5,000 square feet
Twin-homes
50 feet (35 feet when a lot is located on a
cul-de-sac, or the curved portion of a
sharply curved street/drive-aisle)
40 feet (35 feet when a lot is located on a
cul-de-sac, or the curved portion of a
sharply curved street/drive-aisle)
35 feet
Lots located on the curved portion of sharply curved streets/drive-aisles or cul-de-
sacs: 25 feet.
Residential
structure
Direct entry
garage
Residential
structure
Garage
One-family
dwellings
Twin-homes
10 feet
20 feet
5 feet, fully landscaped (walkways providing access to dwelling
entryways may be located within required landscaped area)
3 feet
Garages facing directly onto a drive-aisle shall be equipped with
an automatic garage door opener.
Each interior side yard setback shall be a
Residential minimum of 10% of the lot width; provided that
structure each side yard setback is not less than 5 feet,
and need not exceed 10 feet.
-. t. Located on the front
°P
1
tlon half of the lot
Located on the rear
Garage half of the lot
Same as required for
residence.
Need not exceed 5 feet
Any second story living space above a garage
shall observe the same interior side yard
setback required for the residence.
Residential <~>ne inter'or s'de vard setback may be reduced
Option g^ucture l° ° f66t ^Z6r° 'Ot line^' provided tne otner side
2 anrt Parana vard setback is a minimum of 20% of the lot9 width, and need not exceed 20 feet.
One side yard - 0 feet (the side yard where the dwellings on
each lot are attached).
The other side yard setback shall be a minimum of 20% of the lot
width, and need not exceed 20 feet.
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7
8
9
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12
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18
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21
22
23
24
25
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27
28
TABLE D, CONTINUED
ONE-FAMILY DWELLINGS AND TWIN-HOMES ON SMALL LOTS
Ref.
No.
D.10
D.11
D.12
D.13
D.14
D.15
SUBJECT
Minimum
Rear Yard
Setback
(where the
rear property
line does not
front on a
street or
drive-aisle)
Maximum
Building
Height
Private
Recreational
Space
Resident
Parking
Garages for 3
or more cars-
in-a-row
Driveways
DEVELOPMENT STANDARD
Residential 20% of lot width, provided the rear yard setback is not less than
structure 10 feet, and need not exceed 20 feet.
5 feet from rear property line
Garage
(located on the
rear half of the Any seconc' story Iivin9 space above a garage shall observe the
lot\ same rear yard setback required for "residence", above.
Same as required by the underlying zone, and not to exceed two stories (5)
Minimum total area per unit
Minimum dimension of recreational space
400 square feet (may consist of
more than one recreational space)
15 feet
Required private recreational space shall be located at ground level and designed
so as to be functional, usable, and easily accessible from the dwelling it is
intended to serve, and shall not have a slope gradient greater than 5%.
Required private recreational space shall not be located within front yard setback
areas, and may not include any driveways, parking areas, storage areas, or
walkways (except those walkways that are clearly integral to the design of the
recreation area).
Open or lattice-top patio covers may be located within the required private
recreation space (provided the patio cover complies with all applicable standards,
including the required setbacks specified in Section 21.45.090).
Attached solid patio covers and second story decks/balconies may project into a
required private recreational space, subject to the following:
• The depth of the projection shall not exceed 6 feet (measured from the wall of
the dwelling that is contiguous to the patio/deck/balcony).
• The length of the projection shall not be limited, except as required by any
setback or lot coverage standards.
• The patio cover/deck/balcony shall comply with all applicable standards,
including the required setbacks specified in Section 21.45.090.
2 spaces per a two-car garage (minimum 20 feet x 20 feet), or
unil, provided
as either(6) ^ separate one-car garages (minimum 12 feet x 20 feet each)
No more than 20% of the total project units may include garages with doors for 3
or more cars-in-a-row that directly face the street, including garages constructed
as 3 one-car garages located adjacent to each other, or constructed as a two-car
garage separated from a one-car garage with all garage doors directly parallel to
the street.
Garages that are recessed 20 feet or more back from the forward-most plane of
the house shall not be subject to the 20% 3-car garage limitation stated above.
Garages with doors for 3 or more cars in-a-row shall not be permitted on lots less
than 5,000 square feet in area.
Driveways for side-loaded garages must be enhanced with decorative pavement
to improve appearance.
(n' Lot width is measured 20' behind the front property line.
(2) See Table C in Section 21 .45.060 for required setbacks from an arterial street.
(3) Building setbacks shall be measured from one of the following (whichever is closest to the building):
a) property line; or b) the outside edge of the required street right-of-way width.
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5
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(4)
(5)
(6)
(7)
Building setbacks shall be measured from one of the following (whichever is closest to the building):
a) property line; b) the outside edge of the required drive-aisle width; c) the back of sidewalk; or d)
the nearest side of a parking bay located contiguous to a drive-aisle (excluding parking located in a
driveway in front of a unit's garage)..
If a project is located within the Beach Area Overlay Zone, building height shall be subject to the
requirements of Chapter 21.82 of this code.
The required resident parking within the R-W zone shall be 2 spaces/unit, 1 of which must be
covered. Any uncovered required parking space in the R-W zone may be located within a required
front yard setback and may be tandem.
Garage location standards do not apply to projects where all garages are alley loaded.
21.45.080 Development standards for condominium projects.
A. In addition to the general development standards found in Table C, condominium
projects shall comply with the following development standards listed in Table E, Condominium
Projects.
TABLE E
CONDOMINIUM PROJECTS
REF.
NO.
E.1
E.2
E.3
E.4
E.5
SUBJECT
Livable
Neighborhood
Policy
Architectural
Requirements
Maximum
Coverage
Maximum
Building
Height
Minimum
Building
Setbacks
DEVELOPMENT STANDARD
Must comply with city council Policy 66, Principles for the Development of Livable
Neighborhoods.
One-family
and two-family
dwellings
Multiple-family
dwellings
Multiple-family
dwellings,
cont.
Must comply with city council Policy 44, Neighborhood
Architectural Design Guidelines
There shall be at least three separate building planes on all
building elevations. The minimum offset in planes shall be 18
inches and shall include, but not be limited to, building walls,
windows, and roofs.
All building elevations shall incorporate a minimum of four
complimentary design elements, including but not limited to:
• A variety of roof planes;
• Windows and doors recessed a minimum of 2 inches;
• Decorative window or door frames;
• Exposed roof rafter tails;
• Dormers;
• Columns;
• Arched elements;
• Varied window shapes;
• Exterior wood elements;
• Accent materials such as brick, stone, shingles, wood, or
siding;
• Knee braces; and
• Towers.
60% of total project net developable acreage.
Same as required by the underlying zone, and not to exceed three stories (1>
Projects within
the RH
general plan
designation(1)
From a private
or public
street(2)(3)
40 feet, if roof pitch is 3:12 or greater
35 feet, if roof pitch is less than 3:12
Building height shall not exceed three stories
Residential structure 1 0 feet
Direct entry garage 20 feet
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6
7
8
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11
12
13
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16
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18
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23
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25
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27
28
TABLE E, CONTINUED
CONDOMINIUM PROJECTS
REF.
NO.
E.5,
cont.
E.6
E.7
SUBJECT
Minimum
Building
Setbacks,
cont.
Minimum
Building
Separation
Resident
Parking <6)
DEVELOPMENT
From a drive-
aisle(4)
Residential structure (all
floors, except as
specified below)
Residential structure - 2na
& 3rd floors directly above
a garage
Garage
STANDARD
5 feet, fully landscaped (walkways
providing access to dwelling
entryways may be located within
required landscaped area)
0 feet when projecting over the front
of a garage.
3 feet
Garages facing directly onto a drive-
aisle shall be equipped with an
automatic garage door opener.
From the perimeter property The building setback from an interior side or rear
lines of the project site perimeter property line shall be the same as
(not adjacent to a required by the underlying zone for an interior side
public/private street) or rear yard setback.
1 0 feet
All dwelling
types
One-family
and two-family
dwellings
Multiple-family
dwellings
If a project is located within the RH general plan designation,
resident parking shall be provided as specified below, and may
also be provided as follows:
• 25% of the units in the project may include a tandem two-car
garage (minimum 12 feet x 40 feet).
• Calculations for this provision resulting in a fractional unit may
be rounded up to the next whole number.
2 spaces per unit, provided as either:
• a two-car garage (minimum 20 feet x 20 feet), or
• 2 separate one-car garages (minimum 12 feet x 20 feet each)
• In the R-W Zone, the 2 required parking spaces may be
provided as 1 covered space and 1 uncovered space (5)
Studio
and one-
bedroom
units
Units with
two or
more
bedrooms
1 .5 spaces per unit, 1 of which must be covered <5)
When calculating the required number of
parking spaces, if the calculation results in a
fractional parking space, the required number
of parking spaces shall always be rounded up
to the nearest whole number.
2 spaces per unit, provided as either:
• a one-car garage (12 feet x 20 feet) and 1
covered or uncovered space; or (5)
• a two-car garage (minimum 20 feet x 20 feet), or
• 2 separate one-car garages (minimum 12 feet x
20 feet each)
• In the R-W Zone and the Beach Area Overlay
Zone, the 2 required parking spaces may be
provided as 1 covered space and 1 uncovered
space (5)
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3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
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20
21
22
23
24
25
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28
TABLE E, CONTINUED
CONDOMINIUM PROJECTS
REF.
NO.
E.7,
cont.
E.8
SUBJECT
Resident
Parking (6),
cont.
Private
Recreational
Space
DEVELOPMENT STANDARD
Multiple-family
dwellings,
cont.
One-family
and two-family
dwellings
Multiple-family
dwellings
Required parking may be provided within an enclosed parking
garage with multiple, open parking spaces, subject to the
following:
• Each parking space shall maintain a standard stall size of 8.5
feet by 20 feet, exclusive of supporting columns; and
• A backup distance of 24 feet shall be maintained in addition
to a minimum 5 feet turning bump-out located at the end of
any stall series.
Required resident parking spaces shall be located no more than
150 feet as measured in a logical walking path from the entrance
of the units it could be considered to serve.
.... ... ., 400 square feet (may consist ofMinimum total area per unit ^^ Qne recreationa| space)
Minimum dimension of 15 , .
recreational space
Required private recreational space shall be located at ground
level and designed so as to be functional, usable, and easily
accessible from the dwelling it is intended to serve, and shall not
have a slope gradient greater than 5%.
Required private recreational space shall be located adjacent to
the unit the area is intended to serve.
Required private recreational space shall not be located within
any required front yard setback area, and may not include any
driveways, parking areas, storage areas, or common walkways.
Open or lattice-top patio covers may be located within the
required private recreation space (provided the patio cover
complies with all applicable standards, including the required
setbacks).
Attached solid patio covers and second story decks/balconies
may project into a required private recreational space, subject to
the following:
• The depth of the projection shall not exceed 6 feet (measured
from the wall of the dwelling that is contiguous to the
patio/deck/balcony).
• The length of the projection shall not be limited, except as
required by any setback or lot coverage standards.
• The patio cover/deck/balcony shall comply with all applicable
standards, including the required setbacks specified in
Section 21. 45.090.
Minimum total area per unit „_ , .
(patio, porch, or balcony) 60 square feet
Minimum dimension of patio, fi ,
porch or balcony ee
Required private recreational space shall be functional, usable,
and easily accessible from the dwelling it is intended to serve.
Projects within the RH general plan designation may opt to
provide an additional 75 square feet of community recreation
space per unit (subject to the standards specified in Table C of
this Chapter), in lieu of providing the per unit private recreational
space specified above.
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4
5
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7
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(D
(2)
(3)
(4)
(5)
(6)
If a project is located within the Beach Area Overlay Zone, building height shall be subject to the
requirements of Chapter 21.82 of this code.
See Table C in Section 21.45.060 for required setbacks from an arterial street.
Building setbacks shall be measured from the outside edge of the required street right-of-way width,
whichever is closest to the building.
Building setbacks shall be measured from one of the following (whichever is closest to the building):
a) the outside edge of the required drive-aisle width; b) the back of sidewalk; or c) the nearest side
of a parking bay located contiguous to a drive-aisle (excluding parking located in a driveway in front
of a unit's garage).
Any uncovered required parking space in the R-W zone may be located within a required front yard
setback and may be tandem.
This standard does not apply to housing for senior citizens (see Chapter 21.84 of this code).
21.45.090 Residential additions and accessory uses.
A. General.
1. Additions and accessory uses shall be subject to all applicable development
standards of this chapter, unless otherwise specified in this section.
2. Enlargement of buildings that are legally non-conforming by reason of
inadequate setbacks is permitted, provided that such enlargement does not increase the floor
space more than 40% of that existing prior to such enlargement, and that the new addition
complies with the setbacks and lot coverage requirements of this chapter.
B. One-family dwellings and twin-homes on small lots.
1. Table F lists the provisions for residential additions and accessory uses to one-
family dwellings and twin-homes on small lots.
2. The additions and accessory uses listed in Table F shall be subject to the
approval/issuance of a building permit.
TABLE F
RESIDENTIAL ADDITIONS AND ACCESSORY USES
TO ONE-FAMILY DWELLINGS AND TWIN-HOMES ON SMALL LOTS
Addition/Accessory Use
Attached/detached patio covers (2>
Pool, spa
Non-habitable detached accessory buildings/
structures (e.g., garages, workshops, decks over
30 inches in height) (1)(2)(3>
Habitable detached accessory buildings (i.e. quest
houses and second dwelling units) (2>(3)(4'
Additions to dwelling (attached)
Minimum
Front Yard Setback
1 0 feet to posts (2-foot
overhang permitted)
20 feet
20 feet
Minimum
Side and Rear Yard
Setbacks
5 feet to posts (2-foot
overhang permitted)
5 feet - pool
2 feet - spa
5 feet
Same setbacks as required for the primary dwelling
Same setbacks as required for the dwelling
Notes:
(1) Maximum building height is 1 story and 14 feet with a 3:12 roof pitch or 10 feet with less than a 3:12
roof pitch.<2) Minimum 10-foot separation required between a habitable building and any other detached
accessory building/structure.
(3)
(4)
Must be architecturally compatible with the existing structure.
Second dwelling units are subject to Section 21.10.030.
C. Condominium projects.
1. Additions and accessory uses to condominium projects shall be subject to
Section 21.45.100 (amendments to permits).
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1 21.45.100 Amendments to permits.
A. Amendments to a permit may be initiated by the property owner or an authorized
2 agent, or by motion of the city council.
B. Minor Amendment.
3 1. A project revision may be considered and approved as a minor amendment only
if all of the following findings are made:
4 a. The proposed revision does not increase the density (i.e., the addition of units);
b. The proposed revision does not decrease the density by more than 10%, and
5 provided the density is not decreased below the minimum density of the underlying residential
land use designation of the General Plan;
6 c. The proposed revision does not change the boundary of the subject property;
d. The proposed revision does not involve the addition of a new land use not shown
7 on the original permit (e.g., adding a commercial use to a residential project, replacing single-
family units with attached residential units, vice versa for each example, etc);
8 e. The proposed revision does not rearrange the major land uses within the
development (e.g., it does not exchange the locations of single-family units with attached units);
9 f. The proposed revision does not create changes of greater than 10%, provided
that compliance will be maintained with the applicable development standards of this code as
10 follows:
1. Per individual lot or structure basis: Building floor area, coverage or height
11 (except that height reductions of more than 10% are permitted);
ii. On an aggregate project basis: Parking, open space, recreation or landscaping
areas;
g. The proposed revision is architecturally compatible with existing structures within
the development.
2. Application Process.
14 a. The application for a minor amendment shall be made in writing on the form
provided by the planning department and shall be accompanied by the required fee.
b. The application shall include amended exhibits, graphics, statements or other
information as may be required to explain and justify the request;
16 3. Notice.
a. If the planning director considers the amendment minor in nature the planning
director shall give written notice by mail or personal delivery to all property owners within 100
feet of the subject property, as shown on the latest equalized assessment role, at least 15 days
prior to a decision on an application;
4. Effective date of order.
a. The effective date of the planning director's decision and method for appeal of
-„ such decision shall be governed by Section 21.54.140 of this code;
C. Major Amendment.
1. Any other revision to a project that does not meet the criteria for a minor
amendment, as described in subsection "B.1" of this section, shall be considered a major
22 amendment.
2. An application for a major amendment of a planned development permit shall be
processed, heard and determined in the same manner as an application for a planned
development permit.
24 3. When necessary, the amendment shall be accompanied by an amendment to the
corresponding parcel map or tentative map.
25 21.45.110 Conversion of existing buildings to planned developments.
25 A. Applicability.
1. Any application for the conversion of existing buildings to a planned development
27 (e.g., converting apartments to condominiums) shall be subject to all provisions of this chapter.
B. Building Plans and Gas/Electric Plan.
28
37
1 1. An application for conversion of an existing structure to a planned development
shall include building plans indicating how the building relates to present building and zoning
2 regulations and where modifications will be required.
2. Also, the application shall include a letter from San Diego Gas and Electric
3 explaining that the plans to connect the gas and electric system to separate systems are
acceptable.
4 C. Conversions within the Coastal Zone.
1. The conversion of existing residential units within the Coastal Zone that are
5 occupied by persons or families of low or moderate income shall be subject to the requirements
of Section 65590 of the California Government Code.
6 D. Notice to Tenants and Findings.
1. Each prospective and existing tenant of the proposed condominium project shall
7 be given written notice of the proposed conversion in accordance with Sections 66452.8 and
66452.9 of the California Government Code (Subdivision Map Act); and
2. In addition to all other required findings for a subdivision, the city council shall
make all of the findings set forth in Section 66427.1 of the California Government Code
9 (Subdivision Map Act).
10 21.45.120 Expiration, extension and revisions.
A. The expiration, extension or revision of a planned development of four or less
11 lots or units shall be governed by the provision of Section 20.24.160, 20.24.180 and 20.24.080
of this code.
12 B. The expiration, extension or revision of a planned development of five or more
lots or units shall be governed by the provisions of Sections 20.12.100, 20.12.110 and
13 20.12.120 of this code.
14 21.45.130 Proposed common ownership land or improvements.
A. Where a planned development contains any land or improvement proposed to be
held in common ownership, the applicant shall submit a declaration of covenants, conditions
and restrictions (CC&Rs) with the final map. Such declaration shall set forth provisions for
maintenance of all common areas, payment of taxes and all other privileges and responsibilities
of the common ownership.
17 B. The CC&Rs shall include provisions:
1. For maintenance of all common areas, payment of taxes and all other privileges
and responsibilities of the common ownership.
2. Prohibiting the homeowners' association from quitclaiming land in an association
easement for ownership to private property owners thus allowing the homeowners to privatize a
common area for his own use.
C. The CC&Rs shall be reviewed by and subject to approval of the planning
director.
21.45.140 Maintenance.
A. All private streets, walkways, parking areas, landscaped areas, storage areas,
screening sewers, drainage facilities, utilities, open space, recreation facilities and other
improvements not dedicated to public use shall be maintained by the property owners.
Provisions acceptable to the planning director shall be made for the preservation and
maintenance of all such improvements prior to the issuance of building permits.
25 21.45.150 Failure to maintain.
A. Public Nuisance.
1. All commonly-owned lots, improvements and facilities shall be preserved and
27 maintained in a safe condition and in a state of good repair.
28
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1 2. Any failure to so maintain is unlawful and a public nuisance if it endangers the
health, safety and general welfare of the public and is a detriment to the surrounding
2 community.
B. Removal of Public Nuisance.
3 1. In addition to any other remedy provided by law for the abatement, removal and
enjoinment of such public nuisance, the community development director or public works
4 director may, after giving notice, cause the necessary work of maintenance or repair to be done.
2. The costs thereof shall be assessed against the owner or owners of the project.
5 C. Notice of Maintenance Required.
1. The notice shall be in writing and mailed to:
6 a. All persons whose names appear on the last equalized assessment roll as
owners of real property within the project at the address shown on the assessment roll; and
7 b. Any person known to be responsible for the maintenance or repair of the
common areas and facilities of the project under an indenture or agreement.
8 2. At least one copy of such notice shall be posted in a conspicuous place on the
premises.
9 3. The notice shall particularly specify:
a. The work required to be done; and
10 b. That the work must be commenced within 30 days after receipt of such notice,
and diligently and without interruption prosecuted to completion; and
c. If upon the expiration of the 30 day period, the work is not commenced and being
performed with diligence, the city shall cause such work to be done; in which case, the cost and
expense of such work, including incidental expenses incurred by the city, will be assessed
against the property or against each separate lot and become a lien upon such property.
D. Upon completion of such work, the community development director or public
works director shall file a written report with the city council setting forth the fact that the work
has been completed and the cost thereof, together with a legal description of the property
against which the cost is to be assessed.
15 1. Written notice shall be provided to all persons specified in subsection C.1 of this
section of the hour and place that the city council will pass upon the written report and will hear
any protests against the assessments shall be provided. Such notice shall also set forth the
amount of the proposed assessment.
a. Upon the date and hour set for the hearing, the city council shall hear and
consider the report and any protests before proceeding to confirm, modify or reject the
assessments.
E. A list of assessment as finally confirmed by the city council shall be sent to the
city treasurer for collection.
1. If any assessment is not paid within ten days after its confirmation by the city
council, the city clerk shall cause to be filed in the office of the county recorder a notice of lien,
in a form approved by the city attorney.
a. From and after the date of recordation of such notice of lien, the amount of the
22 unpaid assessment shall be a lien on the property against which the assessment is made, and
such assessment shall bear interest at the maximum rate allowed by law until paid in full.
23 b. The lien shall continue until the amount of the assessment and all interest
thereon has been paid.
24 c. The lien shall have priority according to law.
25 21.45.160 Model homes.
A. Except for model homes, building permits for construction within the proposed
26 planned development shall not be issued until a final subdivision map has been recorded for the
project.
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1 B. A maximum of six model home units may be constructed prior to recordation of
the final map, provided that adequate provision acceptable to the planning director and city
2 attorney are made guaranteeing removal of such complex if the final map is not recorded.
3 21.45.170 Restriction on reapplication for planned development permit.
A. The restrictions on the reapplication for a planned development permit are
4 specified in Section 21.54.130 of this code.
5
SECTION III: That Chapter 21.82 of the Carlsbad Municipal Code is amended to
6 read as follows:
7 Chapter 21.82
8 BEACH AREA OVERLAY (BAO) ZONE
9 21.82.010 Intent and purpose.
21.82.020 Application.
10 21.82.030 Permitted uses.
21.82.040 Site development plan required.
11 21.82.050 Building height.
21.82.060 Parking.
12 21.82.070 Dwelling units per lot.
21.82.080 Approved projects.
21.82.010 Intent and purpose.
A. The intent and purpose of the beach area overlay (BAO) zone is to supplement
the underlying residential zoning by providing additional regulations for development within
15 designated beach areas to:
1. Ensure that development will be compatible with surrounding developments, both
existing and proposed, in the beach area;
2. Provide for adequate parking as needed by residential projects;
3. Ensure that adequate public facilities will exist to serve the beach area;
4. Protect the unique mix of residential development and aesthetic quality of the
18 area.
19 21.82.020 Application.
„ A. The beach area overlay zone shall apply to any residentially zoned property
within the area bounded by the AT&SF Railroad right-of-way to the east, the Pacific Ocean to
the west, Buena Vista Lagoon to the north and Agua Hedionda Lagoon to the south.
2 21.82.030 Permitted uses.
A. In the beach area overlay zone, any principal use, accessory use, transitional
use or conditional use permitted in the underlying zone is permitted subject to the same
conditions and restrictions applicable in such underlying zone and to all of the requirements of
24 this chapter.
25 21.82.040 Site development plan required.
A. No building permit or other entitlement shall be issued for any use in the beach
area overlay zone unless there is a valid site development plan approved for the property
processed pursuant to Section 21.06 (Q-Overlay Zone) of this code. When a development
27 requires a conditional use permit or is processed pursuant to Chapter 21.45 of this code, a site
development plan is not required unless the planned development is for four or less units in
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which case a site development plan shall be processed. Further, a site development plan is not
required for the construction, reconstruction, alteration or enlargement of a single-family
residential dwelling on a residentially zoned lot.
21.82.050 Building height.
A. No newly constructed, reconstructed, altered or enlarged residential structure
within the beach area overlay zone shall exceed thirty feet and two stories if a minimum 3/12
roof pitch is provided or twenty-four feet and two stories if less than a 3/12 roof pitch is provided.
Building height shall be measured as defined in Section 21.04.065 of this title. Underground
parking areas and basements shall not be considered a story. In the case of underground
parking as defined in Section 21.04.370 of this title, or basements as defined in Section
21.04.045 of this title, building height shall be measured from the existing grade.
21.82.060 Parking.
A. With the exception of the parking standards specified in this section, the parking
standards specified in Chapter 21.44 shall apply.
B. The parking standards specified in Chapter 21.45 shall apply to planned
developments within the BAO zone.
C. Visitor Parking.
1. Visitor parking shall be provided for all residential development, as follows:
TABLE A
NUMBER OF VISITOR PARKING SPACES REQUIRED
Number of Units
Projects with 10 dwelling units or less
Projects with 1 1 units or more
Amount of Visitor Parking
A .30 space per each unit or fraction thereof.
A .25 space per each unit or fraction thereof.
2. When calculating the required number of parking spaces, if the calculation results
in a fractional parking space, the required number of parking spaces shall always be rounded up
to the nearest whole number.
3. Required visitor parking may be provided within driveways, subject to the
following:
a. One required visitor parking space may be credited for each driveway in a project
that has a depth of 40 feet or more.
b. If all streets within and/or adjacent to the project allow for on-street parking on
both sides of the street, then visitor parking may be located in a driveway, subject to the
following:
i. All required visitor parking may be located within driveways, provided that all
dwelling units in the project have driveways with a depth of 20 feet or more.
ii. If less than 100% of the driveways in a project have a depth of 20 feet or more,
then a .25 visitor parking space will be credited for each driveway in a project that has a depth
of 20 feet or more (calculations resulting in a fractional parking space credit shall always be
rounded down to the nearest whole number).
iv. The minimum 20-foot driveway depth required for visitor parking applies to
driveways for front or side-loaded garages, and is measured from the property line, back of
sidewalk, or from the edge of street pavement, whichever is closest to the structure.
4. Up to 55% of the visitor parking may be provided as compact spaces (eight feet
by fifteen feet);
5. No credit will be given for on-street parking to satisfy any of the parking
requirements above.
21.82.070 Approved projects.
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1 A. This chapter shall not apply to projects having received final discretionary
approval, pursuant to Titles 20 and 21 both, from the City of Carlsbad prior to June 26, 1985. If
2 projects exempted above have not commenced construction and made substantial progress
towards completion by June 26, 1987, then this chapter shall apply to those projects at that
3 time.
4
SECTION IV: That any development application, which is subject to standards of
5 this ordinance and is deemed complete prior to the effective date of this ordinance, may be
processed pursuant to the standards (Municipal Code Chapters 21.44, 21.45, and 21.82) in
6 effect prior to the effective date of this ordinance.
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EFFECTIVE DATE: This ordinance shall be effective no sooner than thirty
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days after its adoption but not until approved by the California Coastal Commission, and the City
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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.
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INTRODUCED AND FIRST READ at a regular meeting of the City Council of the
City of Carlsbad on the 20th day of February 2007, and thereafter.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the 6th day of March 2007, by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Hall, Packard
NOES: None
ABSENT: Council Member Sigafoose
ABSTAIN: None
APPROVED AS TO FORM AND LEGALITY
RONALD R. BALL, City Attorney
CLAUDE A.YEWIS; Mayor
ATTEST:
. WOODyCrty Clerk
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