HomeMy WebLinkAbout2012-04-24; City Council; CS-178; Land Use Decision MakingEXHIBIT 1
1 ORDINANCE NO. CS-178
2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A ZONE CODE
3 AMENDMENT CONSISTING OF VARIOUS AMENDMENTS TO
THE ZONING ORDINANCE TO IMPROVE THE CITY'S
4 DEVELOPMENT REVIEW PROCESS.
CASE NAME: LAND USE DECISION MAKING
5 CASE NO.: ZCA 11 -06/LCPA 11 -07
6 WHEREAS, in July 2009, the Development Review Process (DRP) Working
7 Group was formed with the purpose of identifying ways to improve the efficiency of and user
experience with the development review process; and
9 WHEREAS, in November 2009 the DRP Working Group's Summary
10 Recommendations Report was presented to City Council at a City Council Workshop; and
11 WHEREAS, at said workshop, the City Council directed staff to implement the
12 nine initiatives identified in the DRP Working Group's Summary Recommendations Report; and
13 WHEREAS, the majority of Zoning Ordinance amendments contained herein
14 implement two of the nine initiatives identified by the DRP Working Group; and
1^ WHEREAS, the City of Carisbad became a charter city at the speciai election of
June 3, 2008; and
WHEREAS, under the California Constitution, the City is no longer bound by the
provisions of general law with regard to local planning and zoning which are deemed a
municipal affair; and
WHEREAS, the Carisbad Municipal Code must be amended to clarify when
general law provisions in the Code are no longer applicable; and
WHEREAS, general law requires the Planning Commission to make
recommendations to the City Council on amendments to the General Plan, Municipal Code Title
21 (Zoning Ordinance) and master plans; and
WHEREAS, general law states that if the City Council proposes any substantial
modification to the Planning Commission's recommendations, such modifications shall be
referred to the Planning Commission for its recommendation; and
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1 WHEREAS, it is now recommended that Chapters 21.38 and 21.52 of the
2 Carisbad Municipal Code be amended to no longer require but provide the City Council with the
3 discretion to refer to the Planning Commission any substantial modification to the Planning
4 Commission's recommendations on amendments to the General Plan, Zoning Ordinance and
5 master plans.
6 NOW THEREFORE, The City Council of the City of Carisbad, California, does
7 ordain as follows:
SECTION I: That Section 21.04.290.1 of the Carisbad Municipal Code is
^ amended to read as follows:
21.04.290.1 Outdoor Dining (Incidental).
"Outdoor dining (incidental)" means an outdoor dining area that is part of any business
that serves food and/or beverages for onsite consumption, such as but not limited to
restaurants, bona fide eating establishments and delicatessens, and which does not exceed the
limitations established in Chapter 21.26.
SECTION II: That the list of sections in Chapter 21.06 of the Carisbad
Municipal Code is amended to read as follows:
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21.06.010 Intent and purpose.
15 21.06.015 Application of Q zone.
21.06.020 Permitted uses and findings of fact.
17 21.06.030 Site development plan requirement.
21.06.040 Exceptions.
18 21.06.050 Application and fees.
21.06.060 Notices and hearings.
19 21.06.070 Decision-making authority.
21.06.080 Announcement of decision and findings of fact.
20 21.06.090 Effective date and appeals.
21.06.100 Expiration, extensions and amendments.
21 21.06.110 Development standards.
21.06.120 Lot requirements.
22 21.06.130 Final site development plan.
23 SECTION III: That Section 21.06.020.B of the Carlsbad Municipal Code is
24 amended to read as follows:
25 B. Notwithstanding subsection 21.06.020.A, no development or use shall be
permitted unless the decision-making authority finds:
26 1. That the proposed development or use is consistent with the general plan and
any applicable master plan or specific plan, complies with all applicable provisions of this
27 chapter, and all other applicable provisions of this code.
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2. That the requested development or use is properiy related to the site,
surroundings and environmental settings, will not be detrimental to existing development or
uses or to development or uses specifically permitted in the area in which the proposed
development or use is to be located, and will not adversely impact the site, surroundings or
traffic circulation;
3. That the site for the intended development or use is adequate in size and shape
4 to accommodate the use;
4. That all of the yards, setbacks, walls, fences, landscaping, and other features
5 necessary to adjust the requested development or use to existing or permitted future
development or use in the neighborhood will be provided and maintained;
6 5. That the street system serving the proposed development or use is adequate to
properiy handle all traffic generated by the proposed use; and
7 6. The proposed development or use meets all other specific additional findings as
required by this title.
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SECTION IV: That Sections 21.06.060 through 21.06.130 of the Carlsbad
Municipal Code are amended to read as follows:
21.06.060 Notices and hearings.
A. Notice of an application for a minor site development plan shall be given
pursuant to the provisions of Sections 21.54.060.B and 21.54.061 of this title.
B. Notice of an application for a site development plan shall be given pursuant to
the provisions of Sections 21.54.060.A and 21.54.061 ofthis title.
21.06.070 Decision-making authority.
A. Applications for minor site development plans or site development plans shall be
acted upon in accordance with the following
1. Minor Site Development Plan
15 a. An application for a minor site development plan may be approved, conditionally
approved or denied by the city planner based upon his/her review of the facts as set forth in the
application, the circumstances of the particular case, and evidence presented at the
administrative hearing, if one is conducted pursuant to the provisions of Section 21.54.060.B.2
of this title.
b. The city planner may approve or conditionally approve the minor site
1 g development plan if all of the findings of fact in Section 21.06.020 of this title are found to exist.
2. Site Development Plan
20 3. An application for a site development plan may be approved, conditionally
approved or denied by the planning commission based upon its review of the facts as set forth
21 in the application, the circumstances of the particular case, and evidence presented at the
public hearing
22 b. The planning commission shall hear the matter, and may approve or conditionally
approve the site development plan if all of the findings of fact in Section 21.06.020 of this title
23 are found to exist.
24 21.06.080 Announcement of decision and findings of fact.
A. When a decision on a minor site development plan or site developqjient plan is
25 made pursuant to this chapter, the decision-making authority shall announce its decision in
writing in accordance with the provisions of Section 21.54.120 ofthis title.
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21.06.090 Effective date and appeals.
27 A. Decisions on minor site development plans shall become effective unless
appealed in accordance with the provisions of Section 21.54.140 of this title.
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B. Decisions on site development plans shall become effective unless appealed in
accordance with the provisions of Section 21.54.150 of this title.
21.06.100 Expiration, extensions and amendments.
A. The expiration period for an approved minor site development plan or site
development plan shall be as specified in Section 21.58.030 ofthis title.
B. The expiration period for an approved minor site development plan or site
development plan may be extended pursuant to the provisions of Section 21.58.040 ofthis title.
C. An approved minor site development plan or site development plan may be
amended pursuant to the provisions of Section 21.54.125 ofthis title.
21.06.110 Development standards
7 A. Property in the Q zone shall be subject to the development standards required in
the underiying zone and any applicable master plan or specific plan, except for affordable
housing projects as expressly modified by the site development plan. The site development plan
for affordable housing projects may allow less restrictive development standards than specified
9 in the underiying zone or elsewhere, provided that the project is in conformity with the general
plan and adopted policies and goals of the city, it would have no detrimental effect on public
health, safety and welfare, and, in the coastal zone, any project processed pursuant to this
chapter shall be consistent with all certified local coastal program provisions, with the exception
11 of density. In addition, the city planner in approving a minor site development plan, or the
planning commission or the city council in approving a site development plan may impose
12 special conditions or requirements which are more restrictive than the development standards in
the underiying zone or elsewhere that include provisions for, but are not limited to, the following:
^3 1- Special setbacks, yards, active or passive open space, required as part of the
entitlement process;
^4 2. Special height and bulk of building regulations;
3. Fences and walls;
4. Regulation of signs
5. Additional landscaping;
6. Special grading restrictions;
7. Requiring street dedication and improvements (or posting of bonds);
8. Requiring public improvements either on or off the subject site that are needed to
service the proposed development;
9. Time period within which the project or any phases of the project shall be
completed;
10. Regulation of point of ingress and egress;
11. Architecture, color, texture, materials and adornments;
12. Such other conditions as deemed necessary to insure conformity with the
21 general plan and other adopted policies, goals or objectives of the city.
22 21.06.120 Lot requirements.
A. The Q zone may be placed on any size or dimensioned, legally created lot.
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21.06.130 Final site development plan.
24 A. After approval the applicant shall submit a reproducible copy of the minor site
development plan or site development plan which incorporates all requirements of the approval
25 to the city planner. Prior to signing the final minor site development plan or site development
plan, the city planner shall determine that all applicable requirements have been incorporated
25 into the plan.
B. The final signed minor site development plan or site development plan shall be
27 the official site layout plan for the property and shall be attached to any application for a grading
and/or a building permit on the subject property.
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SECTION V: That Sections 21.06.140 through 21.06.160 of the Carlsbad
2 Municipal Code are repealed.
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SECTION VI: That Section 21.08.050.A.1 of the Carisbad Municipal Code is
4 amended to read as follows:
^ 1. Interior lots shall have the following side yards:
a. A side yard shall be provided on each side of the lot which side yard has a width
equal to ten percent of the lot width; provided, that such side yard shall not be less than five feet
in width and need not exceed ten feet;
1. The width of one side yard may be reduced, subject to the following:
(A) The opposite side yard shall be increased in width by an amount equal to the
reduction or shall be a minimum often feet in width, whichever is greater;
9 (B) The reduced side yard shall not be less than five feet in width nor shall it abut a
lot or parcel of land with an adjacent reduced side yard;
10 (C) In the event special circumstances exist, such as extreme topographical features
and/or irregular shaped lots (such as those which front on cul-de-sacs), a reduced side yard
11 may be permitted adjacent to a reduced side yard, provided a minimum of ten feet between
buildings is maintained.
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B. The official or decision-making body with the authority to othen/vise approve the
15 subdivision may approve panhandle or flag-shaped lots where the lot width and yards shall be
measured in accord with this section if the following circumstances are found to exist:
16 1. The property cannot be served adequately with a public street without panhandle
lots due to unfavorable conditions resulting from unusual topography, surrounding land
17 development, or lot configuration; and
2. Subdivision with panhandle lots will not preclude or adversely affect the ability to
provide full public street access to other properties within the same block of the subject
property.
SECTION Vll: That Section 21.08.080.B of the Carlsbad Municipal Code is
amended to read as follows
SECTION VIII: That Section 21.09.120(2) ofthe Carlsbad Municipal Code is
amended to read as follows:
(2) The official or decision-making body with the authority to othenA/ise approve the
subdivision may approve panhandle or flag-shaped lots where the lot width and yards shall be
measured as follows.
(A) The buildable portion of the lot, which is the total area minus that portion
containing the access portion (handle), shall meet the minimum area requirements ofthe R-E
zone.
2;- (B) The width requirement for the buildable portion of the lot shall be as required for
lots in the R-E zone.
25 (C) The yard requirements of the R-E zone shall be met, except that front yard
setbacks may be reduced to thirty feet.
2y (D) The minimum width of the access portion shall be twenty-four feet, except where
the access portion is adjacent to the same portion of another such lot, in which case the
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required minimum width shall be fifteen feet, provided a joint easement ensuring common
access of a minimum width of thirty feet to both such portions is recorded.
2 (E) An improved driveway shall be provided within the access portion of the lot from
a public street or public easement to the parking area on the buildable portion of the lot which is
3 at least fourteen feet wide for single lots and twenty feet wide when serving more than one lot.
The minimum overhead clearance shall be ten feet. The driveway shall be constructed of two
4 inch thick asphalt concrete paving on a proper base with rolled edges.
(F) Each lot shall have at least three nontandem parking spaces, with an approach
5 not less than twenty-four feet in length, with proper turnaround space to permit complete
turnaround for fon^/ard access to the street. This parking and access arrangement shall be
6 designated to the satisfaction of the city engineer.
(G) Structures permitted in the access portion of the lot shall be limited to mailboxes,
7 fences, gates, trash enclosures, landscape containers and nameplates. Except for mailboxes,
these structures shall not be greater than forty-two inches in height if located within twenty feet
of the street property line or greater than six feet in height beyond this point.
(H) The property owner of such a lot shall agree to hold the city or any other public
9 service agency harmless from liability for any damage to the driveway when being used to
perform a public service.
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SECTION IX: That Section 21.10.030.C ofthe Carlsbad Municipal Code is
amended to read as follows:
C. Second dwelling units developed within the coastal zone require a minor coastal
13 development permit issued according to the provisions of Section 21.201.080 and a building
permit. Second dwelling units outside ofthe coastal zone require a building permit.
j5 SECTION X: That Section 21.10.070.A.1 of the Carlsbad Municipal Code is
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1 y 1. Interior lots shall have the following side yards:
a. A side yard shall be provided on each side of the lot, which side yard has a width
equal to ten percent ofthe lot width; provided, that such side yard shall not be less than five feet
in width and need not exceed ten feet;
19 i. The width of one side yard may be reduced, subject to the following:
(A) The opposite side yard shall be increased in width by an amount equal to the
20 reduction or shall be a minimum of ten feet in width, whichever is greater;
(B) The reduced side yard shall not be less than five feet in width nor shall it abut a
21 lot or parcel of land with an adjacent reduced side yard;
(C) In the event special circumstances exist, such as extreme topographical features
22 and/or irregulariy shaped lots (such as those which front on cul-de-sacs), a reduced side yard
may be permitted adjacent to a reduced side yard, provided a minimum often feet between
23 buildings is maintained.
24 SECTION XI: That Section 21.10.100.B ofthe Carlsbad Municipal Code is
25 amended to read as follows:
26 B. The official or decision-making body with the authority to othen^/ise approve the
subdivision may approve panhandle or flag-shaped lots where the lot width and yards shall be
27 measured in accord with this section if the following circumstances are found to exist.
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1. The property cannot be served adequately with a public street without panhandle
lots due to unfavorable conditions resulting from unusual topography, surrounding land
development, or lot configuration; and
2. Subdivision with panhandle lots will not preclude or adversely affect the ability to
provide full public street access to other properties within the same block of the subject
property.
SECTION Xll: That the row for "Child day care center" in Table A of
Section 21.16.020 ofthe Carlsbad Municipal Code is amended to read as follows:
Use P CUP Acc
Child day care center (subject to Chapter 21.83) (defined: Section 21.04.086) 1
SECTION Xlll: That the row for "Child day care center" in Table A of
Section 21.18.020 ofthe Carisbad Municipal Code is amended to read as follows:
Use P CUP Acc
Child day care center (subject to Chapter 21.83) (defined: Section 21.04.086) 1
SECTION XIV: That the row for "Child day care center" in Table B of
Section 21.18.020 ofthe Carlsbad Municipal Code is amended to read as follows:
Use P CUP Acc
Child day care center (subject to Chapter 21.83) (defined: Section 21.04.086) 1
SECTION XV: That the row for "Child day care center" in Table A of
Section 21.24.020 ofthe Carisbad Municipal Code is amended to read as follows:
Use P CUP Acc
Child day care center (subject to Chapter 21.83) (defined: Section 21.04.086) 1
SECTION XVI: That the row for "Child day care center" in Table A of
Section 21.25.040 ofthe Carisbad Municipal Code is amended to read as follows:
Use P CUP Acc
Child day care center (subject to Chapter 21.83) (defined: Section 21.04.086) 1
SECTION XVII: That the list of sections in Chapter 21.26 of the Carisbad
Municipal Code is amended to read as follows:
21.26.010 Permitted uses.
21.26.013 Outdoor dining (incidental).
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21.26.020 Limitations on permitted uses in C-1 zone.
21.26.030 Building height.
2 21.26.040 Frontyard.
3 21.26.050 Sideyards.
21.26.060 Placement of buildings.
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SECTION XVIII: That Section 21.26.013 of the Carlsbad Municipal Code is
amended to read as follows:
21.26.013 Outdoor dining (incidental)
^ A. Subject to the requirements of this section, outdoor dining (incidental) may be
established as part of any business that serves food and/or beverages for onsite consumption
^ such as but not limited to restaurants, bona fide eating establishments and delicatessens
B. If the proposed outdoor dining (incidental) is located in the coastal zone and is
9 not exempt from a coastal development permit by Chapter 21.201 of this title, approval of a
coastal development permit or minor coastal development permit, processed in accordance with
10 Chapter 21.201, shall be required
C. Development Standards. All areas providing outdoor dining (incidental) shall
11 comply with the following development standards:
1. Outdoor dining areas shall comply with all applicable requirements of the State of
California Disabled Access Regulations (Title 24);
2. Outdoor dining areas shall comply with all applicable requirements of the
alcoholic beverage commission, if alcoholic beverages are served in the outdoor area;
3. Outdoor dining areas shall be operated only during the hours of operation of the
associated business;
. ^ 4. Outdoor dining areas shall be used exclusively for eating and drinking;
5. Outdoor dining areas shall be located on private property only;
6. Outdoor dining areas shall provide adequate circulation to accommodate normal
pedestrian traffic and circulation for the outdoor dining area. Pedestrian clearance between
jy tables and/or walls/fences shall be a minimum forty-two inches wide;
7. The maximum area provided for outdoor dining (incidental) shall be limited to a
maximum of four hundred square feet;
8. Outdoor dining areas shall not be located where the incidental outdoor dining
area would:
a. Encroach into the public right-of-way;
b. Eliminate any existing required parking spaces;
c. Remove or reduce existing landscaping (unless equivalent additional
21 landscaping is provided elsewhere to the satisfaction of the city planner);
d. Present a traffic or pedestrian hazard; or
22 Be located where the nearness, volume or speed of vehicular traffic would be
incompatible with outdoor dining, in the opinion of the city engineer.
23 9. When calculating square footage for purposes of determining parking required
per Chapter 21.44 of this code, space used for outdoor dining (incidental) pursuant to this
24 section shall be excluded
25 SECTION XIX: That Section 21.26.030 of the Carisbad Municipal Code is
26 amended to read as follows:
27 21.26.030 Building height.
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A. Except as othenA/ise provided in this section, no building within the C-1 zone shall
exceed a height of thirty-five feet, including the protrusions described in Section 21.46.020.
2 B. Purely architectural features such as flagpoles, steeples or architectural towers
may be permitted to a maximum of forty-five feet through approval of a minor site development
3 plan processed in accordance with the provisions of Chapter 21.06 of this title, provided that the
decision-making authority makes the specific findings that the protruding architectural features:
4 1. Do not function to provide usable floor area;
2. Do not accommodate and/or screen building equipment;
5 3. Do not adversely impact adjacent properties; and
4. Are necessary to ensure a building's design excellence.
SECTION XX: That the list of sections in Chapter 21.27 of the Carisbad
Municipal Code is amended to read as follows:
21.27.010 Intent and purpose.
^ 21.27.020 Permitted uses.
21.27.035 Reserved.
21.27.040 Minor site development plan required.
21.27.050 Development standards.
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12 SECTION XXI: That the row for "Child day care center" in Table A of
13 Section 21.27.020 of the Carlsbad Municipal Code is amended to read as follows:
Use P CUP Acc
Child day care center (subject to Chapter 21.83) (defined: Section 21.04.086) 1
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15 SECTION XXII: That Sections 21.27.040 and 21.27.050 of the Carlsbad
ly Municipal Code are amended to read as follows:
1 g 21.27.040 Minor site development plan required.
A. Approval of a minor site development plan processed according to the provisions
19 of Chapter 21.06 of this title shall be required for any development in the O zone.
20 21.27.050 Development standards.
A. The following development standards shall apply to all new construction,
21 development or subdivision in the O zone:
1. Lot Area. The minimum area of any newly created lot shall be ten thousand
22 square feet except that this requirement shall not be construed to prohibit condominium or
planned unit developments approved pursuant to Chapter 21.47. This zone may be applied to
23 existing lots of less than ten thousand square feet when it can be found that the lots are suitable
in size and shape to accommodate development as permitted in the O zone.
24 2. Lot Width. Every newly created lot shall have a width of not less than seventy-
five feet at the rear line of the required front yard.
25 3. Building Height. Except as othenA/ise provided in this section, no building within
the 0 zone shall exceed a height of thirty-five feet, and allowed height protrusions as described
26 in Section 21.46.020 shall not exceed a height of forty-five feet. Additional building height up to
a maximum of forty-five feet may be permitted through approval of a minor site development
27 plan processed in accordance with the provisions of Chapter 21.06 of this title, provided that:
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a. All required setbacks shall be increased at a ratio of one horizontal foot for every
one foot of vertical construction beyond thirty-five feet. The additional setback area will be
maintained as landscaped open space; and
b. The allowed height protrusions as described in Section 21.46.020 do not exceed
a height of forty-five feet; with the exception of architectural features such as flagpoles, steeples
or architectural towers which may be permitted up to fifty-five feet if the decision-making
authority makes the specific findings that the protruding architectural features:
Do not function to provide usable floor area;
Do not accommodate and/or screen building equipment;
Do not adversely impact adjacent properties; and
IV. Are necessary to ensure a building's design excellence.
4. Setbacks. Every lot shall provide required yards, measured from the property line
as follows:
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Driveways/Parking 1 Story Building 2 or more stories
up to 35 feet^
Front yard 10' 15' 20'
Front yard on an arterial 15 20 30
Front yard on a prime arterial 30 40 50
Street side yard 10 15 20
Side yard on an arterial 15 20 30
Side yard on a prime arterial 30 40 50
Interior side yard 5 10 10
Rear yard 5 10 10
A.S of this section.
a. Setbacks for parking may be reduced with construction of a six-foot solid
masonry wall and appropriate landscape buffer on a rear or interior side yard only.
b. Through lots shall be considered to have two front yards and shall observe
setbacks accordingly.
5. Permitted Intrusions. The following intrusions only may be permitted within the
required setbacks:
a. Pedestrian walkways;
b. Landscaping;
c. Planters;
d. Fences or walls;
e. Approved areas of ingress and egress;
f. Approved monument signs;
g. Public and employee recreational facilities as approved by the city planner;
h. Architectural projections such as eaves, sunscreens, columns and buttresses
may extend six feet into any setback thirty feet and greater and three feet into any setback less
than thirty feet.
6. Landscaping.
a. All landscaping shall comply with the city landscape guidelines manual. All
landscaped areas shall be planted with a combination of trees, shrubs and groundcover. All
landscaped areas shall be served by a permanent irrigation system including bubblers or
sprinklers. Prior to approval of a building permit, each applicant shall submit a landscape and
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1 irrigation plan for the approval of the city planner. All approved improvements shall be installed
prior to occupancy of the building.
2 b. All setback areas shall be planted with plant species consistent with the
landscape guidelines manual. Variations in ground plane by use of undulating mounding is
3 encouraged to screen parking areas and to enhance the landscaping and building architecture.
Landscaping along arterials should comply with the city's streetscaping program.
4 c. The use of decorative impervious surfaces for up to forty percent of the required
yard areas for visual enhancement, pedestrian or employee recreational use may be permitted
5 through a minor site development plan processed in accordance with the provisions of Chapter
21.06 ofthis title.
6 d. A minimum of ten percent of that portion of the site devoted to uncovered parking
shall be landscaped. Landscaping shall be designed so as to offer relief from the monotony of
7 rows of parked cars, and to create an overhead canopy. A minimum of one fifteen-gallon tree
per four parking stalls shall be required in the parking area. All exposed parking areas shall be
screened with landscaping, contouring and mounding.
7. Building Coverage.
9 a. For developments which utilize surface parking, all structures shall not cover
more than fifty percent of the lot on which they are located.
10 b. For developments which include a parking structure or parking is located within
or under the building it serves, the total coverage of all structures shall not exceed seventy-five
11 percent of the lot. This provision shall apply only if seventy-five percent of the required parking
is located in the parking structure or within or under the building it serves.
12 8. Signs. All signs proposed in the O zone shall comply with Chapter 21.41 of this
title.
^3 9. Walls and Fences. A solid masonry wall, six feet in height, shall be constructed
along the common lot line with any residentially zoned property, except in the front yard where
14 the wall shall be reduced to forty-two inches in height. Walls and fences up to a height of six feet
are permitted except that no wall or fence shall be erected in any front yard setback in excess of
forty-two inches and that all walls and fences shall observe a minimum setback of ten feet from
the property line for side yard on a street. Chain link, barbed wire razor ribbon or other similar
1" fences are specifically not permitted.
10. Lighting. Exterior lighting is required for all employee and visitor parking areas,
walkways, and building entrances and exits. Light sources shall be designed to avoid direct or
indirect glare to any off-site properties or public rights-of-way.
11. Roof Appurtenances. All roof appurtenances, including air conditioners, shall be
architecturally integrated and shielded from view and the sound buffered from adjacent
properties and streets, to the satisfaction of the city planner.
12. Trash Enclosures. Trash receptacle areas shall be enclosed by a six-foot-high
masonry wall with gates pursuant to city standards.
21 13. Loading Areas. All loading areas shall be oriented and/or screened so as to be
unobtrusive from the adjacent streets or properties.
14. Parking Requirements. Off-street parking shall be provided pursuant to Chapter
21.44 ofthis title.
23 15. Employee Eating Areas. Outdoor eating facilities for employees shall be provided
outside all industrial/office buildings containing more than five thousand square feet, as follows,
24 except as noted below:
a. A minimum of three hundred square feet of outdoor eating facilities shall be
25 provided for each five thousand square feet of building area. Credit towards the required
amount of square footage will be given for indoor eating facilities on a 1:1 basis, as determined
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b. The area shall be easily accessible to the employees of the building.
27 c. The area shall be located such that a sense of privacy is apparent.
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d. The area shall be landscaped and provided with attractive outdoor furniture, i.e.,
metal, wood, or concrete picnic tables, benches/chairs and trash receptacles.
e. The site size, location, landscaping and furniture required above shall be
approved as part of the required discretionary action (tentative map, site development plan,
planned unit development, etc.) required under Title 21 ofthis code. If no discretionary permit is
required, a site plan showing the location, landscaping and facilities required above shall be
submitted to the city planner for approval prior to the issuance of any building permits.
f. This section shall not apply to industrial/office buildings which are located within
one thousand feet of an approved mini-park or a city park which is accessible by walking as
determined by the city planner.
SECTION XXIll: That Section 21.28.030 of the Carisbad Municipal Code is
amended to read as follows:
21.28.030 Building height.
A. Except as othenA/ise provided in this section, no building in the C-2 zone shall
exceed a height of thirty-five feet , and allowed height protrusions as described in Section
21.46.020 shall not exceed a height of forty-five feet.
,, B. Building height above thirty-five feet may be permitted, subject to the following:
1. Building height up to a maximum of forty-five feet may be permitted through
approval of a minor site development plan processed in accordance with the provisions of
Chapter 21.06 of this title, provided that:
13 a. The project complies with the provisions of subsection B.S of this section
b. The allowed height protrusions as described in Section 21.46.020 do not exceed
a height of forty-five feet; with the exception of architectural features such as flagpoles, steeples
or architectural towers, which may be permitted up to fifty-five feet if the decision-making
J ^ authority makes the specific findings that the protruding architectural features:
i. Do not function to provide usable floor area;
1. Do not accommodate and/or screen building equipment;
ii. Do not adversely impact adjacent properties; and
V. Are necessary to ensure a building's design excellence.
2. Building height above forty-five feet up to a maximum of fifty-five feet may be
permitted through approval of a site development plan processed in accordance with the
provisions of Chapter 21.06 of this title, provided that:
19 a. The project complies with the provisions of subsection B.S of this section,
b. The allowed height protrusions as described in Section 21.46.020 do not exceed
20 the height authorized by the decision-making authority.
c. The decision-making authority finds that:
21 i. The height ofthe building(s) will not adversely affect surrounding properties; and
ii. The building(s) will not be unduly disproportional to other buildings in the area;
22 3. All required setbacks shall be increased at a ratio of one horizontal foot for every
one foot of vertical construction beyond thirty-five feet. The additional setback area shall be
23 maintained as landscaped open space
SECTION XXIV: That Section 21.30.030 of the Carisbad Municipal Code is
25 amended to read as follows:
26 21.S0.0S0 Building height.
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1 A. Except as othenA/ise provided in this section, no building in the C-M zone shall
exceed a height of thirty-five feet, and allowed height protrusions as described in Section
2 21.46.020 shall not exceed a height of forty-five feet.
B. Building height above thirty-five feet may be permitted subject to the following:
3 1. Building height up to a maximum of forty-five feet may be permitted through the
approval of a minor site development plan processed in accordance with the provisions of
4 Chapter 21.06 of this title, provided that:
a. The project complies with the provisions of subsection B.S of this section.
5 b. The allowed height protrusions as described in Section 21.46.020 do not exceed
a height of forty-five feet; with the exception of architectural features such as flagpoles, steeples
6 or architectural towers, which may be permitted up to fifty-five feet if the decision-making
authority makes the specific findings that the protruding architectural features:
Do not function to provide usable floor area;
Do not accommodate and/or screen building equipment;
Do not adversely impact adjacent properties; and
iv. Are necessary to ensure a building's design excellence.
9 2. Building height above forty-five feet may be permitted through approval of a site
development plan processed in accordance with the provisions of Chapter 21.06 of this title,
10 provided that:
a. The project complies with the provisions of subsection B.S of this section.
11 b. The allowed height protrusions as described in section 21.46.020 do not exceed
the height authorized by the decision-making authority.
12 c. The decision-making authority finds that:
j3 i. The height ofthe building(s) will not adversely affect surrounding properties; and
ii. The building(s) will not be unduly disproportional to other buildings in the area;
j4 S. All required setbacks shall be increased at a ratio of one horizontal foot for every
one foot of vertical construction beyond thirty-five feet. The additional setback area shall be
maintained as landscaped open space.
15 SECTION XXV: That Section 21.30.070(5) of the Carlsbad Municipal Code
17 is amended to read as follows:
18 (5) The site size, location, landscaping and furniture required above shall be
approved as part of the required discretionary action (tentative map, site development plan,
19 planned unit development, etc.) required under Title 21 of this title. If no discretionary permit is
required, a site plan showing the location, landscaping and facilities required above shall be
20 submitted to the city planner for approval prior to the issuance of any building permits.
21 SECTION XXVI: That the list of sections in Chapter 21.31 of the Carisbad
22 Municipal Code is amended to read as follows:
23 21.31.010 Intent and purpose.
020 Definition: local shopping center.
030 Permitted uses.
25 21.31.040 Site development plan for new local shopping centers.
21.31.050 Redeveloping, remodeling, and expanding existing shopping centers.
26 21.31.055 Projects in process.
2y 21.31.060 Special requirements to be addressed in the site development plan.
21.31.070 Limitations on permitted uses in C-L zone.
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1 21.31.080 Development standards.
21.31.090 Severability.
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3 SECTION XXVll: That Section 21.S1.010.A of the Carlsbad Municipal Code is
4 amended to read as follows:
5 A. Implement the local shopping center (L) land use designation of the Carisbad
general plan;
5 SECTION XXVlll: That the row for "Outdoor sales of seasonal agricultura
7 goods" in Table A of Section 21.31.030 of the Carisbad Municipal Code is amended to read as
follows:
Use P CUP Acc
Outdoor sales of seasonal agricultural goods (Christmas trees, pumpkins, and
similar products) (subject to Section 21.31.060.B (see note 1, below)
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21.31.040 Site development plan for new local shopping centers.
14 A. A site development plan shall be required for the development of a new local
shopping center. The site development plan shall be processed subject to Chapter 21.06 (Q
15 Qualified Development Overiay Zone) of this title, as modified by this section
B. Mandatory Findings of Fact. In addition to the findings set out in Section
16 21.06.020.B (Q Qualified Development Overiay Zone—Findings), no site development plan for a
local shopping center shall be approved unless the decision-making authority finds that the site,
17 either by itself or in combination with another adjoining center, will provide the normal range of
goods and services to meet the everyday needs of the local neighborhood, in keeping with the
18 intent and purpose of both this zone and the local shopping center general plan designation. For
the purpose of this section, "adjoining center" means that the second shopping center either
19 abuts the subject center or is located on property immediately across a common street.
20 21.31.050 Redeveloping, remodeling, and expanding existing shopping centers.
A. Except as othenA/ise provided in this section, a proposal to redevelop, remodel or
21 expand an existing local shopping center shall be processed through a site development plan or
a site development plan amendment.
22 B. Where a site development plan does not exist for an existing center, a site
development plan shall first be obtained pursuant to Section 21.31.040.
23 C. Where a site development plan exists, the proposal shall be processed through
an amendmentto the site development plan, pursuant to Section 21.54.125.
24 D. Exceptions. The following are excepted from the need to obtain an amendment
to an existing site development plan or for a new site development plan for an existing center
25 that does not have one:
1. Tenant improvements;
26 2. Any one addition of new floor area with a cumulative total of less than one
thousand square feet;
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SECTION XXIX: That Sections 21.31.040 and 21.31.050 of the Carlsbad
Municipal Code are amended to read as follows:
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3. Any non-floor-area changes to the site design that collectively result in less than
a ten-percent change to the site, as determined by the city planner.
SECTION XXX: That Section 21.31.055 of the Carisbad Municipal Code is
repealed.
SECTION XXXI: That Section 21.31.080 of the Carlsbad Municipal Code is
amended to read as follows:
21.31.080 Development standards.
A. Property Size. No site shall be included in the local shopping center zone unless
all constituent properties are contiguous, planned as an integrated whole, and aggregate to a
minimum of four net acres, if already developed with retail uses, or seven gross acres, if
undeveloped or developed with uses other than retail.
B. Building Height.
1. Except as othenA/ise provided in this section, no building in the C-L zone shall
exceed a height of thirty-five feet, and allowed height protrusions as described in Section
21.46.020 shall not exceed a height of forty-five feet.
2. Additional building height may be permitted to a maximum of forty-five feet
through approval of a minor site development plan processed in accordance with the provisions
of Chapter 21.06 of this title, provided that:
a. All required yards shall be increased at a ratio of one horizontal foot for every
one foot of vertical construction beyond thirty-five feet. The additional yard area will be
maintained as landscaped open space; and
b. The allowed height protrusions as described in Section 21.46.020 do not exceed
a height of forty-five feet; with the exception of architectural features such as flagpoles,
steeples, or architectural towers, which may be permitted up to fifty-five feet ifthe decision-
making authority finds that the protruding architectural features:
Do not function to provide usable floor area; and
Do not adversely impact adjacent properties; and
Are necessary to ensure a building's design excellence.
C. Yards.
1. The following yards shall apply to the periphery of a local shopping center unless
OthenA/ise established through a prior site development plan approval:
Table B Yards
Site Property Line is Adjacent to Yard Depth
Primary Arterial Road 20 feet
Secondary Arterial Road 15 feet
Non-Arterial Road 10 feet
Not On A Street Frontage 10 feet
2. Protrusions into Yards. The following intrusions only may be permitted within
required yards:
a. Pedestrian walkways,
b. Landscaping,
c. Fences or walls,
d. Approved areas of ingress and egress,
e. Directional signs and approved monument signs,
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f. Public recreational facilities or outdoor eating areas as authorized in the site
development plan,
g. Architectural projections such as eaves, trellises, sun shades, columns, and
buttresses may extend up to three feet into any yard.
D. Landscaping. Landscaping shall be provided pursuant to the city of Carisbad
Landscape Manual and Chapter 21.44 (Parking).
4 E. Walls and Fences.
1. A solid masonry wall, six feet in height, shall be constructed along the common
5 lot line with any residentially zoned property, except that the wall shall be forty-two inches in
height along that part ofthe common lot line that bounds the front yard ofthe residential
6 property.
2. Other walls and fences up to a height of six feet are permitted except that no wall
7 or fence shall be erected in excess of forty-two inches in height within a yard adjacent to streets,
Chain link, barbed wire, razor ribbon or other similar fences are specifically not permitted,
8 F. Lighting. Exterior lighting is required for all employee and visitor parking areas,
walkways, and building entrances and exits. Light sources shall be designed to avoid direct or
9 indirect glare to any off-site properties or public rights-of-way.
G. Roof Appurtenances. All roof appurtenances, including air conditioners, shall be
10 architecturally integrated and shielded from view and the sound buffered from adjacent
properties and streets, to the satisfaction of the city planner.
^ ^ H. Trash Enclosures. Trash receptacle areas shall be enclosed by a six-foot-high
masonry wall with gates subject to city standards,
^2 I. Loading Areas and Docks. All loading areas shall be oriented and/or screened so
as to be unobtrusive from the adjacent streets or properties. Appropriate mitigating measures
13 shall be incorporated to assure that noise from a loading area or dock does not exceed sixty-five
dB CNEL at the shopping center's property line.
^4 J. Parking Requirements. Parking shall be provided subject to the provisions of
Chapter 21.44 of this title.
K. Employee Eating Areas. Outdoor eating facilities for employees of the center
shall be provided, as follows, except as noted below:
1. A minimum of three hundred square feet of outdoor eating facilities shall be
provided for each fifty thousand square feet of floor area, or portion thereof. Credit towards the
required amount offloor area will be given for centers in which two or more restaurants share a
common, public eating area in a food court or for other public eating area available to al
patrons, comprising at least six hundred square feet.
, g 2. The area shall be easily accessible to the employees of the local shopping
center.
2Q 3. The area shall be landscaped and provided with attractive outdoor furniture, i.e.
metal, wood, or concrete picnic tables, benches/chairs and trash receptacles.
21 4. The site size, location, landscaping and furniture required above shall be
approved as part of the required site development plan, or if no site development plan is
22 required, a plan of the eating area shall be provided to and approved by the city planner.
L. Signs. Signage for sites in the C-L zone that are subject to a site development
23 plan shall be implemented according to a sign program, as established by Section 21.41.060
(Sign Ordinance) of this title. Signs for sites not subject to a site development plan shall be
24 subject to all other provisions of Chapter 21.41 (Sign Ordinance).
M. Recycling Areas. Where state law requires a recycling area for beverage
25 containers to be located within the center, said recycling area shall be subject to the provisions
of Chapter 21.105 of this title. The location of all recycling areas shall be set out in the site
25 development plan and the parameters of operation shall be called out.
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SECTION XXXll: That Section 21.32.050 of the Carisbad Municipal Code is
2 amended to read as follows:
3 21.32.050 Building height.
A. Except as otherwise provided in this section, no building in the M zone shall
4 exceed a height of thirty-five feet, and allowed height protrusions as described in Section
21.46.020 shall not exceed a height of forty-five feet.
5 B. Building height above thirty-five feet may be permitted, subject to the following:
1. Building height up to a maximum of forty-five feet may be permitted through
6 approval of a minor site development plan processed in accordance with the provisions of
Chapter 21.06 of this title, provided that:
^ a. The project complies with the provisions of subsection B.S of this section.
b. The allowed height protrusions as described in Section 21.46.020 do not exceed
a height of forty-five feet; with the exception of architectural features such as flagpoles, steeples
or architectural towers, which may be permitted up to fifty-five feet if the decision-making
^ authority makes the specific findings that the protruding architectural features:
Do not function to provide usable floor area;
Do not accommodate and/or screen building equipment;
Do not adversely impact adjacent properties; and
Are necessary to ensure a building's design excellence.
2. Building height above forty-five feet may be permitted through approval of a site
development plan processed in accordance with the provisions of Chapter 21.06 of this title,
provided that:
a. The project complies with the provisions of subsection B.S of this section.
. 4 b. The allowed height protrusions, as described in Section 21.46.020, do not
exceed the height authorized by the decision-making authority.
15 c. The decision-making authority finds that:
i. The height ofthe building(s) will not adversely affect surrounding properties; and
16 ii- The building(s) will not be unduly disproportional to other buildings in the area;
3. All required setbacks shall be increased at a ratio of one horizontal foot for every
17 one foot of vertical construction beyond thirty-five feet. The additional setback area will be
maintained as landscaped open space.
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(5) The site size, location, landscaping and furniture required above shall be
21 approved as part of the required discretionary action (tentative map, site development plan,
planned unit development, etc.) required under this title.
22 If no discretionary permit is required, a site plan showing the location, landscaping and
facilities required above shall be submitted to the city planner for approval prior to the issuance
23 of any building permits.
SECTION XXXIll: That Section 21.32.060(5) of the Carlsbad Municipal Code
is amended to read as follows:
SECTION XXXIV: That the list of sections in Chapter 21.34 of the Carlsbad
Municipal Code is amended to read as follows:
21.34.010 Intent and purpose.
21.34.020 Permitted uses.
21.34.050 Minor site development plan required.
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21.34.070 Development standards.
21.34.080 Design criteria.
21.34.090 Performance standards.
21.34.120 Final map.
21.34.130 Final planned industrial development plan.
21.34.140 Certification of occupancy.
21.34.150 Maintenance.
21.34.160 Failure to maintain.
SECTION XXXV: That Section 21.34.050 of the Carisbad Municipal Code is
amended to read as follows:
21.34.050 Minor site development pian required.
A. No development in the P-M zone shall be done without first obtaining approval of
a minor site development plan processed in accordance with the provisions of Chapter 21.06 of
this title; except that notice of the application for a minor site development plan, required
pursuant to Section 21.06.060 ofthis title, shall not be required for development in the P-M
zone, unless the application includes a request to exceed the permitted building height pursuant
to Section 21.34.070.A ofthis chapter.
B. If the applicant contemplates the construction of the project in phases, the minor
j2 site development plan application shall so state and shall include a proposed phasing schedule.
13 SECTION XXXVl: That Section 21.34.060 of the Carisbad Municipal Code is
14 repealed.
15 SECTION XXXVll: That Section 21.34.070 ofthe Carlsbad Municipal Code is
15 amended to read as follows:
17 21.34.070 Development standards.
All industrial projects shall comply with the following development standards:
i:
A. Building Height.
19 1. Except as othenA/ise provided in this section, no building in the P-M zone shall
exceed a height of thirty-five feet, and allowed height protrusions as described in Section
20 21.46.020 shall not exceed a height of forty-five feet.
2. Building height above thirty-five feet may be permitted subject to the following:
21 a- Building height up to a maximum of forty-five feet may be permitted through
approval of a minor site development plan processed in accordance with the provisions of
22 Chapter 21.06 of this title, provided that:
The project complies with the provisions of subsection A.2.C of this section; and
23 ii- The allowed height protrusions as described in Section 21.46.020 do not exceed
a height of forty-five feet; with the exception of architectural features such as flagpoles, steeples
24 or architectural towers, which may be permitted up to fifty-five feet if the decision-making
authority makes the specific findings that the protruding architectural features:
25 (A) Do not function to provide usable floor area;
(B) Do not accommodate and/or screen building equipment;
26 (C) Do not adversely impact adjacent properties; and
(D) Are necessary to ensure a building's design excellence.
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b. Building height above forty-five feet may be permitted through approval of a site
development plan processed in accordance with the provisions of Chapter 21.06 ofthis title,
2 provided that:
i. The project complies with the provisions of subsection A.2.C of this section.
3 ii. The allowed height protrusions as described in section 21.46.020 do not exceed
the height authorized by the decision-making authority.
4 iii. The decision-making authority finds that:
(A) The height of the building(s) will not adversely affect surrounding properties; and
5 (B) The building(s) will not be unduly disproportional to other buildings in the area;
c. All required setbacks shall be increased at a ratio of one horizontal foot for every
6 one foot of vertical construction beyond thirty-five feet. The additional setback area shall be
maintained as landscaped open space.
7 B. Setbacks.
1. Front Yard and Side Street Yard on Prime, Major and Secondary Streets. Every
lot in the P-M zone that has a front yard or side street yard facing on a prime, major or
secondary street shall have a minimum setback of fifty feet. This setback shall be measured
9 from the right-of-way line. This setback shall be entirely landscaped and irrigated; however,
upon approval of the city planner, the landscaped portion of the setback may be reduced to
10 thirty-five feet to accommodate a driveway along the portion of the setback farthest from the
right-of-way or private street. Any driveway within the front yard setback shall be screened from
11 the public or private street by a mixture of mounding and landscaping to the satisfaction of the
city planner.
^2 2. Front Yard and Street Side Yard on Collector, Local and Private Streets. Every
lot in the P-M zone that has a front yard or side street yard facing on a collector, local or private
13 street shall have an average setback of thirty-five feet; however, the setback shall not be less
than twenty-five feet. This setback shall be entirely landscaped and irrigated and shall be
14 measured from the right-of-way line or, in the case of a private street, from the curb line.
3. Side Yard—Interior. All interior side yards shall have a minimum setback of ten
15 feet which shall be entirely landscaped and irrigated.
4. Rear Yard. The rear yard setback shall be a minimum of twenty feet of which at
least ten feet adjacent to the rear property line shall be entirely landscaped and irrigated. *
5. Walls and Fences. A wall or fence located in any part of a required setback area
shall not exceed six feet in height. A wall or fence located in any required front setback or side
street area shall not exceed thirty-six inches in height.
6. Landscaping in Parking Areas. A minimum of ten percent of the required parking
area, inclusive of driveways, shall be landscaped subject to the approval of the city planner.
Landscaping in the building setback areas shall not count towards meeting this requirement.
2Q 7. Minimum Lot Area. Except for developments proposed as condominiums or
planned unit developments, each lot shall have a minimum lot area of one acre. However, the
21 decision-making authority for the subdivision map may permit a reduction in the minimum lot
area requirement if it is found that the reduced lot area is necessary for the development of a
22 comprehensively planned project requiring a minor site development plan pursuant to this
chapter and that the reduction of the lot area does not create adverse impacts to surrounding
23 properties.
8. Lot Coverage. All buildings, including accessory building structures, shall cover
24 not more than fifty percent of the area of a lot. Open parking areas shall not be counted in
determining lot coverage.
25 9- Private Streets. Private streets may be permitted within a project requiring a
minor site development plan pursuant to this chapter provided their width and geometric design
25 are related to the function, topography and needs of the development, and their structural
design, pavement and construction comply with the requirement ofthe city's street improvement
27 standards and further provided that the permit is processed concurrently with a subdivision map.
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The width of private streets shall not be less than the minimum standards ofthis subsection.
Pavement between curbs of private streets shall not be less than the following:
Type of Street Minimum Width Curb to Curb
2 lanes, no parking 32 feet
2 lanes, parking one side 42 feet
2 lanes, parking on both sides 52 feet
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C. Employee Eating Areas. Outdoor eating facilities for employees shall be provided
outside all industrial/office buildings containing more than five thousand square feet, as follows,
except as noted below:
1. A minimum of three hundred square feet of outdoor eating facilities shall be
provided for each five thousand square feet of building area. Credit towards the required
amount of square footage will be given for indoor eating facilities on a 1:1 basis, as determined
by the city planner.
2. The area shall be easily accessible to the employees of the building.
3. The area shall be located such that a sense of privacy is apparent.
4. The area shall be landscaped and provided with attractive outdoor furniture, i.e.,
metal, wood, or concrete picnic tables, benches/chairs and trash receptacles.
5. The site size, location, landscaping and furniture required above shall be
approved as part ofthe required minor site development plan required under this title. If no
discretionary permit is required, a site plan showing the location, landscaping and facilities
required above shall be submitted to the city planner for approval prior to the issuance of any
building permits.
6. This section shall not apply to industrial/office buildings which are located within
one thousand feet of an approved mini-park or a city park which is accessible by walking as
determined by the city planner.
SECTION XXXVlll: That Section 21.34.110 of the Carlsbad Municipal Code is
repealed.
SECTION XXXIX: That Section 21.34.130 of the Carisbad Municipal Code is
amended to read as follows:
21.34.130 Final planned industrial development plan.
A. For applications that have filed a parcel map or tentative map concurrent with a
minor site development plan required pursuant to this chapter, a final planned industrial
development plan shall be submitted to and approved by the city planner prior to the recordation
of the final map.
B. For applications that have not filed a parcel map or tentative map concurrent with
a minor site development plan required pursuant to this chapter, a final planned industrial
development plan shall be submitted to and approved by the city planner prior to the issuance of
any building permits.
C. The final planned industrial development plan shall reflect all required revisions
and refinements. The final planned industrial development plan shall include:
1. Improvement plans for private streets, water, sewerage and drainage systems,
walkways, fire hydrants, parking areas and storage areas, The plan shall include any off-site
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work necessary for proper access, or for the proper operation of water, sewerage or drainage
system;
A final grading plan;
Final elevation plans;
A final landscaping plan including methods of soil preparation, plant types, sizes
and location, and irrigation system plans showing location, dimensions and types; and
5. A plan for lighting of streets, driveways and parking areas.
D. Where a development requiring a minor site development plan pursuant to this
chapter contains any land or improvements proposed to be held in common ownership, the
applicant shall submit a declaration of covenants, conditions and restrictions with the final
planned industrial development plan. Such declaration shall set forth provisions for maintenance
of all common areas, payment of taxes and all other privileges and responsibilities ofthe
common ownership and shall be reviewed by and subject to approval by the city planner and
city attorney.
E. A final planned industrial development plan may be submitted for a portion of the
development, provided the city planner approves the construction phases as part ofthe permit
and provided that the phases are consistent with any subdivision map filed on the property. The
plan for the first portion must be submitted within the time limits of this section. Subsequent
units may be submitted at later dates in accord with the approved phasing schedule.
F. The city planner shall review the plan for conformity to the requirements of this
chapter and the minor site development plan. If the city planner finds the plan to be in
substantial conformance with all such requirements, the city planner shall approve the plan.
SECTION XL:
amended to read as follows:
That Section 21.34.140 of the Carisbad Municipal Code is
21.34.140 Certification of occupancy.
A certification of occupancy shall not be issued for any structure requiring a minor site
development plan pursuant to this chapter until all improvements required by the minor site
development plan have been completed to the satisfaction of the city engineer, city planner and
the community and economic development director.
SECTION XLl: That Section 21.34.160(g) ofthe Carlsbad Municipal Code
is amended to read as follows:
(g) A list of assessments as finally confirmed by the city council shall be sent to the
city treasurer for collection. 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 ofthe county recorder a
notice of lien, substantially in the following form:
NOTICE OF LIEN
Pursuant to Chapter 21.34, Title 21, of the Carlsbad Municipal Code (Ordinance No. 9693), the
City of Carisbad did on the day of , 20 , cause maintenance and
repair work to be done in the Planned Industrial Development project known as which was
constructed under the Minor Site Development Plan No. , for thejDurpose of
abating a public nuisance and enforcing compliance with the terms of said minor site
development plan, and the Council of the City of Carlsbad did on the day of
, 20 , by its Resolution No. assess the cost or
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jDortion ofthe cost thereof upon the rear property hereinafter described, and the same has not
been paid nor any part thereof, and the City of Carisbad does hereby claim a lien upon said real
property until the same sum with interest thereon at the maximum rate allowed by law from the
date ofthe recordation ofthis instrument has been paid in full and discharged of record. The
real property hereinbefore mentioned and upon which a lien is hereby claimed is that certain
parcel of land in the City of Carisbad, County of San Diego, State of California, particulariy
4 described as follows:
(Description of Property)
Dated this day of , 20 .
., City Clerk, City of Carisbad
SECTION XLIl: That the list of sections in Chapter 21.35 of the Carisbad
Municipal Code is amended to read as follows:
21.35.010 Intent and purpose.
10 21.35.015 Village redevelopment plan expiration.
21.35.020 Incorporation of village master plan and design manual by reference.
11 21.35.030 Land affected by this chapter.
21.35.040 Permitted uses.
12 21.35.050 Provisional uses.
21.35.060 General regulations.
13 21.35.070 Village review permit.
21.35.080 Village review projects.
14 21.35.085 Application and fees.
21.35.087 Notices and hearings.
1^ 21.35.090 Decision-making authority.
21.35.100 Announcement of decision and findings of fact.
16 21.35.110 Effective date and appeals.
21.35.115 Expiration, extensions and amendments for village review permits.
1" 21.35.120 Findings of fact.
21.35.130 Variances.
21.35.140 Compliance with other provisions ofthis code.
21.35.150 Amendments to the village master plan and design manual.
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22 21.35.070 Village review permit
SECTION XLIll: That Section 21.35.070 of the Carlsbad Municipal Code is
amended to read as follows:
23 Unless specifically exempt pursuant to Section 21.35.080 of this chapter, no building
permit or other entitlement shall be issued for any development or use in the V-R zone unless
24 there is a valid village review permit approved for the property.
25 SECTION XLIV: That Section 21.35.080 of the Carisbad Municipal Code is
26 amended to read as follows:
27
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(a) Exempt Projects. No village review permit shall be required for an exempt
project. An exempt project is one which is exempt from the requirement to obtain a coastal
development permit in accordance with Section 21.201.060; and requires no village review
permit or other discretionary approvals, and includes but is not limited to:
(1) Interior or.exterior improvements to existing structures which do not result in the
intensity of use of a structure; and/or
(2) Additions to existing structures which result in a cumulative increase of less than
ten percent ofthe internal floor area; and/or
(3) Changes in permitted land uses which do not require site changes, result in
increased ADT, result in increased parking requirements, or result in compatibility issues or
problems; and/or
(4) Landscaping on the lot unless it will result in erosion or damage to sensitive
habitat; and/or
(5) Repair or maintenance activities which are exempt from a coastal development
8 permit; and/or
(6) Activities of public utilities regulated by a government agency; and/or
9 (7) A project that requires no variance of any type; and/or
(8) Demolition of a structure outside the Village Segment of the Carisbad Coastal
10 Zone, provided that said demolition has no potential to create an adverse impact on coastal
resources and/or access to the coast.
(b) Nonexempt Projects. There are three types of village review permits required for
nonexempt projects. One permit for each type of development project described as follows:
(1) Administrative Village Review Project. An administrative village review permit
shall be required for projects that: 1) result in minor new construction and/or a change in a
development which requires no other discretionary approvals, except a minor variance within
the authority of the city planner, and 2) include, but are not limited to:
(A) New construction of building(s) or addition(s) to the building footprint with an
estimated permit value of less than sixty thousand dollars; and/or
(B) Interior or exterior improvements to existing structures which result in an intensity
of use; and/or
(C) Provisional land uses, where a minor or major village review permit is not
required; and/or
(D) Changes in permitted land uses which result in site changes, increased ADT,
increased parking requirements, or result in compatibility issues/problems; and/or
(E) Signs for existing businesses or facilities; and/or
19 (F) Repair or maintenance activities which are not exempt projects; and/or
(G) Demolition of a structure within the Village Segment of the Carisbad Coastal
2Q Zone provided that said demolition has no potential to create an adverse impact on coastal
resources and/or public access to the coast; and does not include any overnight
accommodations.
(2) Minor Village Review Project. A minor village review permit is required for
22 projects that do not qualify as an administrative village review project and/or involve new
construction with an estimated permit value of sixty thousand dollars or more but less than one
23 hundred fifty thousand dollars.
(3) Major Village Review Project. A major village review permit is required for
24 projects that do not qualify as an administrative or minor village review project and/or involve
new construction with an estimated permit value of one hundred fifty thousand dollars or more.
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SECTION XLV: That Section 21.35.085 of the Carisbad Municipal Code is
amended to read as follows:
21.35.085 Application and fees.
A. An application for an administrative, minor or major village review permit may be
made by the owner of the property affected or the authorized agent of the owner. The
application shall:
1. Be made in writing on a form provided by the city planner;
2. State fully the circumstances and conditions relied upon as grounds for the
application; and
3. Be accompanied by adequate plans, a legal description of the property involved
and all other materials as specified by the city planner.
B. At the time of filing the application, the applicant shall pay the application fee
contained in the most recent fee schedule adopted by the city council.
C. If signatures of persons other than the owners of property making the application
are required or offered in support of, or in opposition to, an application, they may be received as
evidence of notice having been served upon them ofthe pending application, or as evidence of
their opinion on the pending issue, but they shall in no case infringe upon the free exercise of
the powers vested in the city as represented by the planning commission and the city council
SECTION XLVI: That Section 21.35.087 is added to the Carlsbad Municipal
1^ Code as follows
11 21.35.087 Notices and hearings.
12 A. No public notice or hearing shall be required for an application for an
administrative village review permit.
13 B. Notice of an application for a minor or major village review permit shall be given
pursuant to the provisions of Sections 21.54.060.A and 21.54.061 of this title.
SECTION XLVII: That Sections 21.35.090 through 21.35.115 ofthe Carlsbad
Municipal Code are amended to read as follows:
14
15
16
21.35.090 Decision-making authority.
17 A. Exemption determination.
1. After the application has been accepted as complete, the city planner shall
18 determine if the project is exempt from the requirements of this chapter pursuant to Section
21.35.080. No permit shall be required for a project which is exempt from the requirements of
19 this chapter. The city planner shall:
a. Determine the exemption based on the certified local coastal program, including
20 maps, categorical exclusions and other exemptions, land use designations, zoning ordinances
and the village master plan and design manual. In granting an exemption, the city planner may
21 impose such conditions as are necessary to protect the public health, safety and welfare.
b. Inform the applicant whether the project is exempt within ten calendar days of the
22 determination that the application is complete.
c. Maintain a record of all determinations made on projects exempt from the
23 requirements of this chapter. The records shall include the applicant's name, an indication that
the project is located in the village area, the location of the project, and a brief description of the
24 project. The record shall also include the reason for exemption.
B. Applications for administrative, minor and major village review permits shall be
25 acted upon in accordance with the following:
1. Administrative village review permits
26 a. An application for an administrative village review permit may be approved,
conditionally approved or denied by the city planner based upon his/her review of the facts as
27 set forth in the application, and of the circumstances of the particular case.
28
b. The city planner may approve or conditionally approve an administrative village
review permit if all ofthe findings of fact in Section 21.35.120 ofthis chapter are found to exist.
2 2. Minor village review permits
a. An application for a minor village review permit may be approved, conditionally
3 approved or denied by the planning commission based upon its review of the facts as set forth
in the application, of the circumstances of the particular case, and evidence presented at the
4 public hearing.
b. The planning commission shall hear the matter, and may approve or conditionally
5 approve the minor village review permit if all of the findings of fact in Section 21.35.120 of this
title are found to exist.
6 3. Major village review permits
a. An application for a major village review permit may be approved, conditionally
7 approved or denied by the city council based upon its review of the facts as set forth in the
application, of the circumstances of the particular case, and evidence presented at the public
hearing.
b. Before the city council decision, the planning commission shall hear and consider
9 the application for a major village review permit and shall prepare a recommendation and
findings for the city council.
10 c. The city council shall hear the matter, and may approve or conditionally approve
the major village review permit if all of the findings of fact in Section 21.35.120 of this title are
11 found to exist.
12 21.35.100 Announcement of decision and findings of fact.
A. When a decision on an administrative, minor or major village review permit is
13 made pursuant to this chapter, the decision-making authority shall announce its decision in
writing in accordance with the provisions of Section 21.54.120 of this title.
21.35.110 Effective date and appeals.
1^ A. City planner decisions shall become effective unless appealed in accordance
with the provisions of Section 21.54.140 of this code.
B. Planning commission decisions shall become effective unless appealed in
accordance with the provisions of Section 21.54.150 ofthis title.
C. City council decisions are final, conclusive and shall be effective upon the date
specified in the announcement of decision.
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17
18
19 21.35.115 Expiration, extensions and amendments for village review permits.
A. The expiration period for an approved administrative, minor or major village
2Q review permit shall be as specified in Section 21.58.030 of this title.
B. The expiration period for an approved administrative minor or major village
2j review permit may be extended pursuant to Section 21.58.040 ofthis title.
C. An approved administrative, minor or major village review permit may be
22 amended pursuant to the provisions of Section 21.54.125 of this title.
23 SECTION XLVIll: That Section 21.35.117 of the Carisbad Municipal Code is
24 repealed.
25 SECTION XLIX: That Sections 21.35.120 and 21.35.130 of the Carisbad
26 Municipal Code are amended to read as follows:
27 21.35.120 Findings of fact.
28
1 A. No determination or decision shall be made pursuant to this chapter unless the
decision-making authority finds, in addition to any other findings otherwise required for the
2 project, that the project is consistent with this code, the general plan, and the village master plan
and design manual.
3
21.35.130 Variances.
4 A. An application for a variance within the V-R Zone shall be processed in
accordance with the provisions of Chapter 21.50 of this title
5
6
7
9
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SECTION L: That Section 21.35.150 of the Carlsbad Municipal Code is
amended to read as follows:
21.35.150 Amendments to the village master plan and design manual.
Amendments to the village master plan and design manual shall be deemed to be
amendments to this chapter; provided, however, that such amendments are processed and
noticed in a manner which meets the requirements of Chapter 21.52 of this code. Amendment
of the village master plan and design manual by city council resolution, with a recommendation
from the planning commission shall be deemed to satisfy the requirements of Chapter 21.52 of
J J this code, provided all other requirements are met
12 SECTION Ll: That the list of sections in Chapter 21.37 of the Carisbad
13 Municipal Code is amended to read as follows
14 21.37.010 Intent and purpose.
21.37.020 Permitted uses.
15 21.37.030 Permit required.
21.37.040 Application and fees.
15 21.37.050 Decision-making authority.
21.37.060 Announcement of decision and findings of fact.
17 21.37.070 Effective date.
21.37.075 Extensions, expiration and amendments.
18 21.37.080 Final mobile home park plan.
21.37.090 Design criteria.
19 21.37.100 Development standards.
21.37.110 Removal of mobile home park zone.
20 21.37.120 Conversion.
21.37.130 Waiver of tentative and final map for mobile home park conversions
21 21.37.140 Severability.
22 SECTION LII: That Sections 21.37.040 through 21.37.070 of the Carlsbad
23 Municipal Code are amended to read as follows:
24 21.37.040 Application and fees.
A. An application for a mobile home park permit may be made by the owner of the
25 property affected or the authorized agent of the owner. The application shall:
1. Be made in writing on a form provided by the city planner;
26 2. State fully the circumstances and conditions relied upon as grounds for the
application; and
27 3. Be accompanied by:
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i. A legal description of the property involved.
ii. Adequate plans, which include a development plan showing the location of all
2 mobile home lots and accessory buildings, a landscape plan and a grading plan including cross-
sections of any proposed grading.
3 iii. All other materials as specified by the city planner.
4. If the applicant contemplates the construction of a mobile home park in phases,
4 the application shall so state and shall include a proposed construction schedule;
5. If the project is to provide open areas and recreational facilities to be used by the
5 occupants of two or more dwelling units, it shall be stated in the application and the application
shall include a plan, acceptable to the city, for the preservation and maintenance of the common
6 elements of the property; and
6. If the proposed park will be a condominium or planned unit development, a
7 tentative map prepared according to the requirements of Chapter 20.12 of this code shall be
filed at the time of the application for the mobile home park. No tentative map for a mobile home
8 condominium or planned unit development shall be approved unless a mobile home park permit
has first been approved. A tentative map for a mobile home condominium or planned unit
9 development shall not be deemed submitted for approval until the date of the first planning
commission hearing on the permits.
10 B. At the time of filing the application, the applicant shall pay the application fee
^ ^ contained in the most recent fee schedule adopted by the city council.
21.37.050 Decision-making authority.
12 A. An application for a mobile home park permit may be approved, conditionally
approved or denied by the city council based upon its review of the facts as set forth in the
13 application, of the circumstances of the particular case, and evidence presented at the public
hearing.
14 B. Before the city council decision, the planning commission shall hear and consider
the application for a mobile home park permit and shall prepare a recommendation and findings
15 for the city council. The action of the planning commission shall be filed with the city clerk, and
a copy shall be mailed to the applicant.
" C. The city council shall hear the matter, and may approve or conditionally approve
the mobile home park permit if it finds that the design and improvement of the project are
consistent with the development standards and design criteria established by this chapter.
18
21.37.060 Announcement of decision and findings of fact.
. Q A. When a decision on a mobile home park permit is made pursuant to this chapter,
the decision-making authority shall announce its decision in writing in accordance with the
provisions of Section 21.54.120 ofthis code. 20
21 21.37.070 Effective date.
A. The decision of the city council on a mobile home park permit is final, conclusive
22 and shall be effective upon the date specified in the announcement of decision.
23 SECTION Llll: That Section 21.37.075 is added to the Carisbad Municipal
24 Code as follows:
25 21.37.075 Expiration and extensions and amendments.
A. The expiration period for an approved mobile home park permit shall be as
26 specified in Section 21.58.030 of this title.
B. The expiration period for an approved mobile home park permit may be extended
27 pursuant to Section 21.58.040 of this title.
C. An approved mobile home park permit may be amended pursuant to the
28 "
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provisions of Section 21.54.125 ofthis title.
SECTION LIV: That the list of sections in Chapter 21.38 of the Carisbad
Municipal Code is amended to read as follows:
21.38.010 Intent and purpose.
21.38.020 Permitted uses and structures.
21.38.021 Community facilities sites required.
21.38.025 Second dwelling units.
21.38.030 General provisions.
21.38.040 Master plan required.
21.38.050 Application and fees.
21.38.060 Contents of master plan.
21.38.070 Notices and hearings.
21.38.080 Decision-making authority.
21.38.090 Findings of fact.
21.38.100 Effective date and appeals.
21.38.110 Reserved.
21.38.120 Amendment of master plan.
21.38.130 Implementation of master plan.
21.38.140 Additional standards.
21.38.141 Additional standards—Rancho La Costa, Batiquitos Lagoon Watershed.
j3 21.38.150 Undeveloped areas of existing planned communities.
10
11
12
14 SECTION LV: That Section 21.38.050 of the Carisbad Municipal Code is
15 amended to read as follows:
15 21.38.050 Application and fees,
A. Prefiling procedure,
17 1 • ^'''0'' to filing an application for a master plan, an applicant may prefile the
proposal with the city planner for review.
18 2. The city planner shall contact interested departments and agency personnel and
arrange any necessary meetings with the applicant. This procedure may involve a review of the
19 general outline of the proposal.
3. After review, the city planner shall provide the applicant with written comments,
20 including recommendations as appropriate to inform and assist the applicant prior to the
applicant's formal application.
21 B. Master Plan Application.
1. An application for a master plan and all related amendments may be made by
22 the owner of the property affected or the authorized agent of the owner. The application shall:
a. Be made in writing on a form provided by the city planner;
23 b. State fully the circumstances and conditions relied upon as grounds for the
application; and
24 c. Be accompanied by a preliminary master plan graphic and text, open area plan
and sign program, a legal description of the property involved and all other materials as
25 specified by the city planner.
C. At the time of filing a preliminary application or a master plan application, the
26 applicant shall pay the application fee contained in the most recent fee schedule adopted by the
city council.
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7
1 SECTION LVI: That Section 21.38.060(B) of the Carisbad Municipal Code
2 is amended to read as follows:
3 (B) Location of the various land uses shall be indicated by the use of zone
designations of development zones and overiay zones as provided in this title. Development of
4 property within the area of each such zone shall be subject to the regulations of the indicated
zone unless specifically modified as a part ofthe master plan approval. All master plans shall
allow a maximum building height of thirty feet and two stories if a minimum roof pitch of 3/12 is
provided or twenty-four feet and two stories if less than a 3/12 roof pitch is provided for single-
6 family and duplex projects on lots with a lot area less than twenty thousand square feet in size.
Lots with a lot area of twenty thousand square feet or greater and zoned R-1 and specifying a -
20 or greater area zoning symbol by the master plan may have a building height limit of thirty-
five feet and three stories with a minimum roof pitch of 3/12 provided. A master plan may
8 impose a lower building height limit than those stated in this section in its development
standards. Neighborhood commercial uses within a master plan shall conform to Section
9 21.26.030 of the C-1 zone. Tourist-oriented commercial uses within a master plan shall conform
to Section 21.29.060 of the C-T zone. All other commercial uses within a master plan shall
1^ conform to the building height regulations contained in Section 21.28.030 of the C-2 zone. All
industrial uses within a master plan shall conform to the building height regulations as contained
11 in Section 21.34.070.A of the P-M zone. Office uses shall conform to Section 21.27.050.A.3 of
the Ozone.
12
13 SECTION LVIl: That Sections 21.38.070 through 21.38.120 ofthe Carisbad
14 Municipal Code are amended to read as follows:
15 21.38.070 Notices and hearings.
A. Notice of an application for a master plan shall be given pursuant to the
15 provisions of Sections 21.54.060.A and 21.54.061 of this title.
17 21.38.080 Decision-making authority.
A. An application for a master plan, may, by ordinance, be approved, conditionally
18 approved or denied by the city council.
1. Before the city council decision, the planning commission shall hear and consider
19 the application for a master plan and shall prepare a recommendation and findings for the city
council, including all matters set out in Section 21.38.090 of this chapter. The action of the
20 planning commission shall be filed with the city clerk, and a copy shall be mailed to the
applicant.
21 2. The city council shall hear the matter, and after considering the findings and
recommendations of the planning commission, may by ordinance approve or conditionally
22 approve the master plan if, from the evidence presented at the hearing, all of the findings of fact
in Section 21.38.090 of this chapter are found to exist.
23 3. The city council may make substantial modifications to the planning
commission's recommendation on a proposed master plan, including modifications not
24 previously considered by the planning commission. The city council, in its discretion, may refer
said modifications back to the Planning Commission for recommendation.
25
21.38.090 Findings of fact.
26 A. The city council shall not approve or conditionally approve a master plan unless
all of the following facts exist:
27
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1. The proposed development as described by the master plan is consistent with
the provisions ofthe general plan and any applicable specific plans.
2 2. All necessary public facilities can be provided concurrent with need and
adequate provisions have been provided to implement those portions of the capital
3 improvement program applicable to the subject property.
3. The residential and open space portions of the community will constitute an
4 environment of sustained desirability and stability, and that it will be in harmony with or provide
compatible variety to the character of the surrounding area, and that the sites proposed for
5 public facilities, such as schools, playgrounds and parks, are adequate to serve the anticipated
population and appear acceptable to the public authorities having jurisdiction thereof..
6 4. The proposed commercial and industrial uses will be appropriate in area, location
and overall design to the purpose intended. The design and development standards are such as
7 to create an environment of sustained desirability and stability. Such development will meet
performance standards established by this title.
8 5. In the case of institutional, recreational, and other similar nonresidential uses,
such development will be proposed, and surrounding areas are protected from any adverse
9 effects from such development.
6. The streets and thoroughfares proposed are suitable and adequate to carry the
10 anticipated traffic thereon.
7. Any proposed commercial development can be justified economically at the
11 location proposed and will provide adequate commercial facilities of the types needed at such
location proposed.
12 8. The area surrounding the development is or can be planned and zoned in
coordination and substantial compatibility with the development.
13 9. Appropriate measures are proposed to mitigate any adverse environmental
impact as noted in the adopted environmental impact report for the project.
21.38.100 Effective date and appeals.
15 A. The decision of the city council is final, conclusive and shall be effective upon the
date specified in the announcement of decision. 16
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21.38.110 Reserved.
21.38.120 Amendment of master plan.
A. An approved master plan may be amended pursuant to the following:
1. An application to amend a master plan shall be submitted in accordance with
Section 21.38.050 ofthis chapter, or may be initiated by city council motion.
2. Minor master plan amendments.
a. Master plan amendments, which are determined by the city planner to be minor
2j in nature, may be approved, conditionally approved or denied by the planning commission at a
public hearing noticed in accordance with Chapter 21.54 ofthis title.
22 i- A minor amendment shall not change the densities or boundaries of the subject
property, or involve an addition of a new use or group of uses not shown on the original master
23 plan, or the rearrangement of uses within the master plan.
3. Master plan amendments.
24 a. Master plan amendments that are not minor in nature shall be processed in
accordance with Section 21.54.125 ofthis title.
SECTION LVlll: That the list of sections in Chapter 21.40 of the Carisbad
*
Municipal Code is amended to read as follows:
21.40.010 Intent and purpose.
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21.40.020 Application.
21.40.030 Permitted uses and structures.
21.40.040 Special use permit.
21.40.045 Scenic corridors.
21.40.050 Exceptions.
21.40.060 Application and fees.
21.40.070 Notices and hearings.
21.40.080 Decision-making authority.
21.40.085 Findings of fact and decision considerations.
21.40.090 Announcement of decision and findings of fact.
21.40.095 Effective date and appeals.
21.40.100 Expiration, extensions and amendments.
21.40.110 Development standards.
21.40.115 Scenic corridor development guidelines.
8 21.40.117 Contents of scenic corridor guidelines.
21.40.120 Conditions.
9 21.40.130 Reserved.
21.40.135 Coastal zone restrictions.
10
11 SECTION LIX: That Section 21.40.040 of the Carlsbad Municipal Code is
j2 amended to read as follows:
21.40.040 Special use permit.
14 Unless specifically exempted from the requirements of this chapter, no building permit or
other entitlement shall be issued for any development or use in the S-P zone unless there is a
valid special use permit approved for the property.
15 SECTION LX: That Sections 21.40.050 through 21.40.080 ofthe Carlsbad
jy Municipal Code are amended to read as follows:
21.40.050 Exceptions.
The following uses are excepted from the special use permit requirements:
1Q (1) Development of one single-family dwelling unit on a parcel of record as of May 2
1974;
20 (2) Minor modification or alteration of existing structures or buildings which involves
new land coverage of less than two hundred square feet and does not increase the height of the
21 existing structure;
(3) The repair or reconstruction of an existing nonconforming structure that is
22 destroyed by fire or other disaster to no more than fifty percent of the structure's original value.
23 21.40.060 Application and fees.
A. An application for a special use permit may be made by the owner of the property
24 affected or the authorized agent of the owner. The application shall:
1. Be made in writing on a form provided by the city planner;
25 2. State fully the circumstances and conditions relied upon as grounds for the
application; and
26 3. Be accompanied by adequate plans, a legal description of the property involved
and all other materials as specified by the city planner.
27 B. At the time of filing the application, the applicant shall pay the application fee
contained in the most recent fee schedule adopted by the city council.
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1
21.40.070 Notices and hearings
2 A. Notice of an application for a special use permit shall be given pursuant to the
provisions of Sections 21.54.060.A and 21.54.061 ofthis title.
3
21.40.080 Decision-making authority
4 A. Applications for a special use permit shall be acted upon in accordance with the
following
5 1. An application for a special use permit may be approved, conditionally approved
or denied by the planning commission based upon its review of the facts as set forth in the
6 application, of the circumstances of the particular case, and evidence presented at the public
hearing.
7 2. The planning commission shall hear the matter, and may approve, conditionally
approve, or deny the special use permit if all of the findings of fact in Section 21.40.085 of this
8 title are found to exist
9 SECTION LXl: That Section 21.40.085 is added to the Carisbad Municipal
10 Code as follows:
11 21.40.085 Findings of fact and decision considerations.
A. Findings of fact.
12 1. The decision-making authority shall not issue a special use permit unless it is
found that:
13 a. The project is consistent with the purposes of this chapter and all other
applicable requirements of this code;
14 b. The project is consistent with the general plan, local coastal program, and
applicable master or specific plans;
15 c. The project will not adversely affect the scenic, historical or cultural qualities of
the property.
B. Decision considerations.
1. When making a decision on a special use permit, the decision-making authority
may impose specific development standards in accordance with Section 21.40.110 and shall
consider the following factors:
a. When the S-P scenic preservation overiay zone is applied to protect something
worth looking at, i.e., a landmark, a civic center, a mountain or an area bounding the main
entrance to the city, the development standards of the proposed use should deal with
preserving the integrity of that amenity.
b. When the S-P scenic preservation overiay zone is applied to an area from which
2j there is an outstanding view, i.e., a scenic corridor, the development standards ofthe proposed
use should deal with maintaining those views as much as possible.
22 c. Special consideration should be given to preserving the following:
i. Hillsides, hilltops, valleys, beaches, lagoons and lakes that provide visual and
23 physical relief in the form of natural contrast to the city;
Open space areas which assist in defining neighborhood, district and city identity;
24 iii. Unique topographical features or natural rock outcroppings and other notable
landmarks;
25 iv. Areas of significant historical value;
V. Prime vista sites;
25 vi. Scenic and historical corridors.
16
17
18
19
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SECTION LXll: That Section 21.40.090 of the Carisbad Municipal Code is
amended to read as follows:
21.40.090 Announcement of decision and findings of fact.
4 When a decision on a special use permit is made pursuant to this chapter, the decision-
making authority shall announce its decision in writing in accordance with the provisions of
5 Section 21.54.120 of this title.
6 SECTION LXlll: That Section 21.40.095 is added to the Carlsbad Municipal
7 Code as follows:
8 21.40.095 Effective date and appeals
A. Decisions on special use permits shall become effective unless appealed in
9 accordance with the provisions of Section 21.54.150 of this title.
10 SECTION LXIV: That Section 21.40.100 ofthe Carlsbad Municipal Code is
11 amended to read as follows:
12 21.40.100 Expiration, extensions and amendments.
A. The expiration period for an approved special use permit shall be as specified in
13 Section 21.58.030 of this title.
B. The expiration period for an approved special use permit may be extended
14 pursuant to Section 21.58.040 ofthis title.
C. An approved special use permit may be amended pursuant to the provisions of
15 Section 21.54.125 of this title
16 SECTION LXV: That Section 21.40.130 ofthe Carlsbad Municipal Code is
1 7
^' amended to read as follows:
1^ 21.40.130 Reserved.
19 SECTION LXVl: That Section 21.40.140 ofthe Carlsbad Municipal Code is
20
21
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23
24
25
26
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repealed.
SECTION LXVII: That the list of sections in Chapter 21.41 of the Carisbad
Municipal Code is amended to read as follows:
21 .41 .005 Purpose.
21 .41 .010 Applicability.
21 .41 .020 Definitions.
21 .41 .025 General provisions.
21 .41 030 Prohibited signs.
21 .41 040 Signs on private property not requiring a sign permit.
21 41 050 Application and permit procedures.
21 41 060 Sign programs.
21 41 070 General sign standards.
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21 .41 .080 Sign design standards.
21 .41 .090 Coastal zone sign standards.
21 .41 .095 Permitted permanent signs.
21 .41 .100 Permitted temporary signs.
21 .41 110 Construction and maintenance.
21 .41 120 Removal of signs.
21 .41 125 Appeal of permit revocation or sign removal
21 .41 130 Nonconforming signs.
21 .41 140 Remedies and penalties.
21 41 150 Violations.
21 41 160 Severability.
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SECTION LXVlll: That Sections 21.41.050 and 21.41.060 of the Carisbad
Municipal Code are amended to read as follows:
9 21.41.050 Application and permit procedures.
A. Sign Permit Required. It shall be unlawful for any person to affix, place, erect,
suspend, attach, construct, structurally or electrically alter (not including a change in sign copy
or sign face), move or display any temporary or permanent sign within the city without first
obtaining a sign permit in accordance with the provisions ofthis section, unless the sign is
exempt from the permit requirement under Section21.41.040.
1. A sign permit shall not be required for cleaning or other normal maintenance of
an existing sign, unless a structural or electrical change is made.
2. No sign permit is required when a political, religious or other noncommercial
message is substituted for another commercial message on a pre-existing sign or when a
noncommercial message is substituted for a noncommercial message on a properiy permitted
sign.
B. Application and fees. An application for a sign permit may be made by the
owner of the property affected or the authorized agent of the owner. The application shall:
1. Be made in writing on a form provided by the city planner;
ly 2. State fully the circumstances and conditions relied upon as grounds for the
application; and
lg 3. Be accompanied by adequate plans and all other materials as specified by the
city planner, including the following:
19 a. A drawing to scale showing the design of the sign, including dimensions, sign
size, colors (applies to commercial message signs only), materials, method of attachment,
20 source of illumination and showing the relationship to any building or structure to which it is
proposed to be installed or affixed or to which it relates.
21 b. A site plan, including all dimensions, drawn to scale indicating the location of the
sign relative to the property line, rights-of-way, streets, sidewalks, vehicular access points and
22 existing buildings or structures and off-street parking areas located on the premises.
c. The number, size, type and location of all existing signs on the same building, lot
23 or premises.
d. Any structural information and plans necessary to ensure compliance with the
24 latest adopted building code and electrical code.
4. At the time of filing the application, the applicant shall pay the sign permit and
25 plan checking fee (if applicable) contained in the most recent fee schedule adopted by the city
council.
26 C. Decision-making authority. An application for a sign permit may be approved,
conditionally approved or denied by the city planner based upon his/her review of the facts as
27 set forth in the application and the circumstances of the particular case.
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10
1. The decision-making authority shall act on the sign permit within fifteen days
after receiving a complete sign permit application.
2. The decision-making authority shall approve or conditionally approve the sign
permit if all of the findings of fact in subsection D of this section are found to exist.
3. If conditions are applied to the permit, they shall be limited to requiring
compliance with this chapter.
4 D. Findings of fact. The purpose of a sign permit is to ensure compliance with the
provisions ofthis chapter and the relevant building and electrical codes. The application shall be
5 approved and the permit issued if the decision-making authority finds:
1. The proposed sign conforms to all size, height and other standards for signs
subject to a permit requirement, as such requirements are set forth in this chapter.
2. The proposed sign is consistent with any applicable sign program.
3. The proposed sign conforms to the construction standards of the latest adopted
building and electrical codes.
E. Effective date and appeals. Decisions on sign permits shall become effective
unless appealed in accordance with the provisions of Section 21.54.140 ofthis title.
9 F. Expiration, extensions and amendments.
1. If the work authorized under a sign permit has not been completed within six
months after the date of issuance, such permit shall become null and void.
2. The expiration period for an approved sign permit may be extended by the
11 decision-making authority for one six month period provided that:
a. The permit remains consistent with the standards and requirements of Chapter
12 21.41 in place at the time the extension is considered.
b. Circumstances have not substantially changed since the permit or approval was
13 originally granted.
3. An approved sign permit may be amended pursuant to the provisions of Section
14 21.54.125 ofthis title.
15 21.41.060 Sign programs.
.. A. Purpose. The purpose of a sign program is to integrate signs with building, site
and landscaping design to form a unified architectural statement. Sign programs may not
supersede the dimensional and number limits provided in Tables "A," "B" and "C" of Sections
21.41.040, 21.41.095 and 21.41.100, respectively. All sign programs must incorporate the
substitution provisions ofthis chapter, Section 21.41.025(2). Sign program design standards do
not apply to noncommercial messages and substitution of noncommercial messages is subject
to owner's consent.
B. Applicability. A sign permit for a sign program shall be required for: (1) master
2Q plans, (2) specific plans, (3) nonresidential projects requiring a site development plan processed
pursuant to Chapter 21.06 of this code and (4) planned industrial or office parks of greater than
21 twenty-five acres in area.
For those projects requiring a sign program, no sign permit shall be issued for an
22 individual sign, unless, and until, a sign program for the lot or building on which the sign is
proposed to be erected has been approved by the city in conformance with this chapter.
23 C. Application and fees. An application for a sign program may be made by the
owner ofthe property affected orthe authorized agent ofthe owner. The application shall:
24 1. Be made in writing on a form provided by the city planner;
2. State fully the circumstances and conditions relied upon as grounds for the
25 application; and
3. Be accompanied by adequate plans and all other materials as specified by the
25 city planner, including the following:
a. A copy of an approved development plan (master plan, specific plan or site
27 development plan) drawn to scale showing the location of property lines, rights-of-way, adjacent
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streets, sidewalks and on-site buildings, landscaped areas, off-street parking areas and
vehicular access points.
2 b. A drawing to scale showing the design of each sign, including dimensions (height
and width), sign size (area), colors, materials, method of attachment, source of illumination and
3 location of each sign on any building, structure or property.
c. Computation of the total number of signs, sign area for individual signs, total sign
4 area and height of signs for each existing and proposed sign type.
d. A materials board or sign sample that is an accurate representation of proposed
5 colors, material and style of copy.
e. The number, size, type and location of all existing signs on the same building, lot
6 or premises.
4. At the time of filing the application, the applicant shall pay the application fee
7 contained in the most recent fee schedule adopted by the city council.
D. Decision-making authority. An application for a sign program may be approved,
8 conditionally approved or denied by the city planner based upon his/her review of the facts as
set forth in the application and the circumstances of the particular case.
9 1. The decision-making authority shall act on the sign program within thirty days
after receiving a complete application.
10 2. The decision-making authority shall approve or conditionally approve the sign
program if all of the findings of Section 21.41.050.D of this title are found to exist.
11 E. Existing Sign Programs. Existing sign programs approved prior to the effective
date of this chapter are subject only to the substitution provision of this chapter; all other terms
12 of the existing sign program shall continue in force. However, if any existing sign program is
proposed for amendment to increase overall sign area, then the sign program must be amended
13 to conform to all development and design standards of this chapter.
F. Effective date and appeals. Decisions on sign programs shall become effective
14 unless appealed in accordance with the provisions of Section 21.54.140 ofthis title.
G. Expiration and amendments.
15 1. An approved sign program shall not expire unless othenA/ise stated in the sign
program or other document provided by the decision-making authority.
2. An approved sign program may be amended pursuant to the provisions of
Section 21.54.125 ofthis title.
H. Binding Effect. After approval of a sign program, all signs subject thereto shall be
erected, constructed, installed, displayed, altered, placed or maintained only in conformance
with such program.
SECTION LXIX: That Sections 21.41.120 and 21.41.125 of the Carlsbad
Municipal Code are amended to read as follows:
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20
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21.41.120 Permit revocation and removal of signs.
22 A. Revocation of Permit. The city planner or designee shall revoke any issued
permit upon refusal of the holder thereof to comply with the provisions of this chapter after
23 written notice of noncompliance and fifteen days opportunity to cure.
B. Any sign which is unsafe, as defined herein, or which does not conform to
24 Uniform Building Code and National Electric Code standards, or installed or placed in the public
right-of-way or on public property contrary to the city council's policy, may be removed by any
25 officer or employee of the city designated to do so by the city planner without prior notice.
Alternatively, the city planner may issue a notice of nonconformance and give the sign owner
26 and/or the property owner fifteen days in which to cure the nonconformance.
C. Any other sign that is in violation of the provisions of this chapter must be
27 removed by the permittee, owner or person in charge of the sign upon written notice by the city
planner. Such written notice shall specify the nature ofthe violation, order the cessation thereof
28
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1 and require either the removal of the sign or the execution of remedial work in the time and in
the manner specified by the notice.
2 D. The time for removal or repair shall not be less than thirty calendar days from the
date of mailing the notice for permanent signs and not less than fifteen calendar days for
3 temporary signs.
E. Within ten days of the mailing of the notice, the permittee, owner or person in
4 charge of the sign may request a hearing before the city planner to determine whether the sign
was erected or maintained in violation of this chapter. Such request must be made in writing and
5 received by the city within the ten days after mailing of notice.
F. Upon receipt of a written request for a hearing, the city planner shall schedule a
6 hearing and send a written notice by first class mail of the time, place and date for the hearing,
which shall be no later than thirty days after the date of receipt of the written request, unless the
7 party responsible for the sign requests a later hearing date. The time for compliance with the
original order shall be stayed during the pendency ofthe hearing. The community and economic
development director will notify the appellant ofthe decision to affirm, modify or revoke the order
to remove or repair within ten days of the conclusion of the hearing; failure to give such notice of
9 decision shall result in the withdrawal of the notice of violation, but shall not prevent a new
notice of violation being issued for a different time period from that specified in the original
10 notice.
G. Whenever the permittee, owner or person in charge of the sign fails to comply
11 with an order of the community and economic development director requiring compliance with
this chapter, any expense of such inaction shall be charged to the permittee, owner or person in
12 charge of the sign. Such amount shall constitute a debt owed to the city. No permit shall
thereafter be issued to any permittee, owner or person in charge of the sign who fails to pay
13 such costs. Any costs, including attorney's fees, incurred by the city in collection ofthe costs
shall be added to the amount of the debt.
14 H. Every person billed may request a hearing regarding the accuracy of the amount
billed. Following the hearing, the city planner shall, within ten days ofthe conclusion ofthe
15 hearing, notify the person billed of any adjustment to the bill or any determination not to make
an adjustment. This notification shall specify the date by which such bill shall be paid.
16 Nonpayment becomes a lien on the property.
1^ 21.41.125 Appeal of permit revocation or sign removal.
A. Any person seeking to appeal a decision of the city planner in revoking a sign
permit or ordering the removal of a sign, must file a written notice of appeal in accordance with
the provisions of Section 21.54.140 of this title.
1 y
2Q SECTION LXX: That the list of sections in Chapter 21.42 of the Carisbad
21 Municipal Code is amended to read as follows:
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24
25
26
27
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21 .42 010 Purpose.
21 .42 020 Reserved.
21 .42 030 Findings of fact.
21 .42 040 Conditions which may be added prior to granting
21 .42 050 Application and fees.
21 .42 060 Notices and hearings.
21 .42 070 Decision-making authority.
21 .42 080 Announcement of decision and findings of fact.
21 .42 090 Reserved.
21 .42 100 Effective date and appeals.
21 42 110 Expiration, extensions and amendments.
21 42 120 Revocation.
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21.42.130 Reserved.
21.42.140 Development standards and special regulations.
SECTION LXXI: That Section 21.42.020 of the Carisbad Municipal Code is
amended to read as follows:
21.42.020 Reserved.
SECTION LXXII: That Section 21.42.030.A of the Carlsbad Municipal Code is
amended to read as follows:
A. A minor conditional use permit or conditional use permit may be granted only if
the following facts are found to exist in regard thereto:
1. That the requested use is necessary or desirable for the development of the
community, and is in harmony with the various elements and objectives ofthe general plan,
including, if applicable, the certified local coastal program, specific plan or master plan;
2. That the requested use is not detrimental to existing uses or to uses specifically
11 permitted in the zone in which the proposed use is to be located;
3. That the site for the proposed conditional use is adequate in size and shape to
12 accommodate the yards, setbacks, walls, fences, parking, loading facilities, buffer areas,
landscaping and other development features prescribed in this code and required by the city
13 planner, planning commission or city council, in order to integrate the use with other uses in the
neighborhood;
14 4. That the street system serving the proposed use is adequate to properiy handle
all traffic generated by the proposed use.
SECTION LXXIll: That Sections 21.42.050 through 21.42.130 ofthe Carlsbad
Municipal Code are amended to read as follows:
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21.42.050 Application and fees.
18 A. Application for a minor conditional use permit or conditional use permit may be
made by the owner of the property affected or the authorized agent of the owner. The
19 application shall:
1. Be made in writing on a form provided by the city planner.
20 2. State fully the circumstances and conditions relied upon as grounds for the
application; and
21 3. Shall be accompanied by adequate plans, a legal description of the property
involved and all other materials as specified by the city planner.
22 B. At the time of filing the application, the applicant shall pay the application fee
contained in the most recent fee schedule adopted by the city council
23
21.42.060 Notices and hearings.
24 A. Notice of an application for a minor conditional use permit shall be given
pursuant to the provisions of Sections 21.54.060.B and 21.54.061 ofthis title.
25 B. Notice of an application for a conditional use permit shall be given pursuant to
the provisions of Sections 21.54.060.A and 21.54.061 ofthis title
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21.42.070 Decision-making authority.
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1 A. Applications for minor conditional use permits or conditional use permits shall be
acted upon in accordance with the following. Please refer to the use regulation table in each
2 zone to determine whether the conditional use permit is decided by process one, two or three.
1. Process One—Minor Conditional Use Permit.
3 a. An application for a minor conditional use permit may be approved, conditionally
approved or denied by the city planner based upon his/her review of the facts as set forth in the
4 application, of the circumstances of the particular case, and evidence presented at the
administrative hearing, if one is conducted pursuant to the provisions of Section 21.54.060.B.2
5 of this title.
b. The city planner may approve or conditionally approve the minor conditional use
6 permit if all of the findings of fact in Section 21.42.030 of this title are found to exist.
2. Process Two.
7 a. An application for a conditional use permit subject to process two may be
approved, conditionally approved or denied by the planning commission based upon its review
8 of the facts as set forth in the application, of the circumstances of the particular case, and
evidence presented at the public hearing.
9 b. The planning commission shall hear the matter, and may approve or conditionally
approve the conditional use permit if all ofthe findings of fact in Section 21.42.030 ofthis title
10 are found to exist.
3. Process Three.
11 a. An application for a conditional use permit subject to process three may be
approved, conditionally approved or denied by the city council based upon its review of the facts
12 as set forth in the application, of the circumstances of the particular case, and evidence
presented at the public hearing.
13 b. Before the city council decision, the planning commission shall hear and consider
the application forthe conditional use permit and shall prepare a recommendation and findings
14 for the city council. The action of the planning commission shall be filed with the city clerk, and
a copy shall be mailed to the applicant.
15 c. The city council shall hear the matter, and may approve or conditionally approve
the conditional use permit if all of the findings of fact in Section 21.42.030 ofthis title are found
to exist. 16
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21.42.080 Announcement of decision and findings of fact.
A. When a decision on a minor conditional use permit or conditional use permit is
made pursuant to this chapter, the decision-making authority shall announce its decision in
writing in accordance with the provisions of Section 21.54.120 ofthis title.
21.42.090 Reserved.
21.42.100 Effective date and appeals.
A. Decisions of the city planner on minor conditional use permits shall become
22 effective unless appealed in accordance with the provisions of Section 21.54.140 ofthis title.
B. Decisions ofthe planning commission on conditional use permits shall become
23 effective unless appealed in accordance with the provisions of Section 21.54.150 of this title.
C. Decisions of the city council on conditional use permits are final, conclusive and
24 shall be effective upon the date specified in the announcement of decision.
25 21.42.110 Expiration, extensions and amendments.
A. Expiration of Permit if Not Exercised. The expiration period for an approved
25 minor conditional use permit or conditional use permit shall be as specified in Section 21.58.030
ofthis title.
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B. Extension of Permit if Not Exercised. The expiration period for an approved minor
conditional use permit or conditional use permit may be extended pursuant to Section 21.58.040
of this title.
C. Expiration of Permit. Such rights and privileges granted under a minor conditional
use permit or conditional use permit shall also expire at such time as the city planner/planning
commission/city council may designate in the approval ofthe minor conditional use permit or
4 conditional use permit.
D. All existing conditional use permits approved prior to February 21, 2006, which
include an expiration date and a requirement to extend the permit, may be hereby approved
administratively by the city planner in perpetuity without the requirement to extend the
6 conditional use permit
E. An approved minor conditional use permit or conditional use permit may be
7 amended pursuant to the provisions of Section 21.54.125 of this title
21.42.120 Revocation.
A. The city planner/planning commission/city council shall have continuing
9 jurisdiction over any minor conditional use permit or conditional use permit.
B. To consider the revocation of a minor conditional use permit, the city planner
10 shall hold an administrative hearing after giving notice pursuant to the provisions of Sections
21.54.060.B and 21.54.061 of this title.
11 C. To consider the revocation of a conditional use permit, the planning
commission/city council shall hold a public hearing after giving notice pursuant to the provisions
12 of Sections 21.54.060.A and 21.54.061 ofthis title.
D. The city planner/planning commission/city council may revoke and terminate the
13 minor conditional use permit or conditional use permit in whole or in part, reaffirm the minor
conditional use permit or conditional use permit, modify the conditions or impose new
14 conditions.
E. Revocation actions ofthe city planner/planning commission are appealable
15 pursuant to Sections 21.54.140 and 21.54.150 ofthis title.
F. A minor conditional use permit or conditional use permit may be revoked or
conditions modified or added on any one or more of the following grounds:
1. That the minor conditional use permit or conditional use permit was obtained by
' fraud or misrepresentation;
2. That the use for which such approval is granted is not being exercised;
3. That the minor conditional use permit or conditional use permit is being or
recently has been exercised contrary to any of the terms or conditions of approval;
4. That the use for which such approval was granted has ceased to exist or has
2Q been suspended for one year or more;
5. That the use is in violation of any statute, ordinance, law or regulation;
21 6. That the use permitted by the minor conditional use permit or conditional use
permit is being or has been so exercised as to be detrimental to the public health, safety or
22 welfare or so as to constitute a nuisance.
23
24 SECTION LXXIV: That Section 21.42.140.B.95.vi of the Carlsbad Municipal
25 Code is amended to read as follows:
26 vi. Such facilities shall also require a minor site development plan pursuant to
Chapter 21.34 of this title.
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21.42.130 Reserved.
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SECTION LXXV: That the rows for "Recreational vehicles, boats, and trailers"
in Table E of Section 21.44.060.A.4 of the Carisbad Municipal Code are amended to read as
follows:
Recreational
vehicles,
boats, and
trailers
One-
family
dwellings
on
individual
lots
In an enclosed structure observing all required setbacks
Open parking in the side yard or the rear yard
Subject to city planner approval, open parking in the required front
yard is permitted if the parking area does not exceed the
maximum paved area permitted for passenger vehicles, and that
access to the side or rear yard cannot be provided. In making this
determination, the city planner shall give notice pursuant to
21.54.060.B and 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 ofthe 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 ofthe 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.
Any person may file an objection to the decision or request an
administrative hearing with the city planner pursuant to Section
21.54.060.B. The decision ofthe city planner shall become
effective unless appealed in accordance with the provisions of
Section 21.54.140 ofthis title.
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 ofthe 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). Ifthe provisions
of any such CC&Rs are less restrictive than the ordinance
codified in this section, then the provisions contained herein shall
apply.
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1 SECTION LXXVl: That the rows for "Parking areas for commercial or
2 office/professional uses in R-3, R-P and R-T zones" in Table B of Section 21.44.050 of the
3 Carisbad Municipal Code are amended to read as follows:
Parking areas for
commercial or
office/professional uses in
R-3, R-P and R-T zones
No parking lot to be used as an accessory to a commercial or
office/professional establishment shall be established until
reviewed by the city planner and its location approved. Such
approval may be conditioned upon the city planner requiring the
planting and/or maintenance of trees, shrubs or other
landscaping within and along the borders of such parking area.
Parking areas for
commercial or
office/professional uses in
R-3, R-P and R-T zones
The parking lot shall be no farther than 50 feet when measured
from its closest boundary to the commercial or
office/professional establishment to which it is accessory.
Parking areas for
commercial or
office/professional uses in
R-3, R-P and R-T zones
Such parking lot shall be used solely for the parking of private
passenger vehicles.
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10
11 SECTION LXXVIl: That the list of sections in Chapter 21.45 of the Carisbad
12 Municipal Code is amended to read as follows:
13 21.45.010 Intent and purpose.
21.45.020 Applicability.
14 21.45.030 Definitions.
21.45.040 Permitted zones and uses.
15 21.45.050 Application and permit.
21.45.060 General development standards.
16 21.45.070 Development standards for one-family dwellings and twin-homes on small
lots.
17 21.45.080 Development standards for condominium projects.
21.45.090 Residential additions and accessory uses.
18 21.45.100 Amendments to permits.
21.45.110 Conversion of existing buildings to planned developments.
19 21.45.120 Reserved.
21.45.130 Proposed common ownership land or improvements.
20 21.45.140 Maintenance.
21.45.150 Failure to maintain.
21 21.45.160 Model homes.
21.45.170 Restriction on reapplication for planned development permit.
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SECTION LXXVlll: That Section 21.45.050 of the Carisbad Municipal Code is
amended to read as follows:
21.45.050 Application and permit.
A. Application and fee.
1. An application for a planned development permit may be made by the owner of
the property affected orthe authorized agent ofthe owner. The application shall:
a. Be made in writing on a form provided by the city planner;
b. State fully the circumstances and conditions relied upon as grounds for the
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application; and
c. Be accompanied by adequate plans, a legal description of the property involved
and all other materials as specified by the city planner.
d. 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.
e. A planned development permit application for a condominium project shall
require approval of architecture and plotting concurrent with the approval of the condominium
suiDdivision.
f. The application for a planned development permit shall state the proposed
method of land division (i.e., small lots, or air-space condominiums).
2. At the time of filing the application, the applicant shall pay the application fee
contained in the most recent fee schedule adopted by the city councii.
B. Processing Procedures.
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.
Table B Processing Procedures
Topic Minor Planned Development Permit Major Planned Development
Permit
Decision-Making
Authority City planner Planning Commission (PC)
Map Required Minor Subdivision Map
(See Title 20, Chapter 20.24)
Major Subdivision Map
(See Title 20, Chapter 20.12)
Required Findings See Section 21.45.050.C See Section 21.45.050.C
Notices and
Hearings
See Chapter 21.54, Sections
21.54.060.B and 21.54.061
See Chapter 21.54, Sections
21.54.060.A and 21.54.061
Announcement of
Decision and
Findings of Fact
See Chapter 21.54, Section
21.54.120
See Chapter 21.54, Section
21.54.120
Effective Date and
Appeals
See Chapter 21.54, Section
21.54.140
See Chapter 21.54, Section
21.54.150
Expiration and
Extensions
See Chapter 21.58, Sections
21.58.030 and 21.58.040
See Chapter 21.58, Sections
21.58.030 and 21.58.040
Amendments See Section 21.45.100 See Section 21.45.100
C. Findings of fact.
1. The decision-making authority 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;
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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 authority may approve a modification to the development
standards specified in this chapter if all ofthe 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 Carisbad 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 ofthis 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.
9 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
10 cleariy demonstrates the modification is necessary to implement the natural habitat preservation
requirements of the HMP.
11 3. The decision-making authority may modify the plan, or impose such conditions or
requirements that are more restrictive than the development standards specified in this chapter,
12 the underiying 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
13 adopted policies, goals or objectives of the city.
28
SECTION LXXIX: That Section 21.45.100 of the Carlsbad Municipal Code is
amended to read as follows:
14
15
1^ 21.45.100 Amendments to permits.
ly A. An approved planned development permit may be amended pursuant to the
provisions of Section 21.54.125 ofthis title, except that project revisions specified in subsection
B of this section shall not require an amendment.
B. Amendment exceptions.
19 1. A project revision shall not be required to obtain an amendment to an existing
planned development permit if all of the following findings are made:
20 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 ten percent
21 and provided the density is not decreased below the minimum density of the underiying
residential land use designation ofthe General Plan;
22 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
23 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.);
24 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);
25 f- The proposed revision does not create changes of greater than ten percent,
provided that compliance will be maintained with the applicable development standards ofthis
26 code as follows:
Per individual lot or structure basis: Building floor area, coverage or height
27 (except that height reductions of more than ten percent are permitted);
-44-
1 ii. On an aggregate project basis: Parking, open space, recreation or landscaping
areas;
2 g. The proposed revision is architecturally compatible with existing structures within
the development.
3
4
5
6
7
SECTION LXXX: That Section 21.45.120 of the Carisbad Municipal Code is
amended to read as follows:
21.45.120 Reserved.
SECTION LXXXI: That the list of sections in Chapter 21.46 of the Carisbad
Municipal Code is amended to read as follows:
g 21.46.010 Height of buildings on through lots.
21.46.020 Allowed protrusions above height limits.
21.46.030 Regulations.
21.46.040 Modification of side yard requirement on combined lots.
J J 21.46.050 When more than one main building exists.
21.46.060 Formula for yard requirements.
12 21.46.070 Modification of required front yards.
21.46.080 Property abutting half-streets.
13 21.46.090 Measurement of front yards.
21.46.100 Vision clearance, corner and reversed corner lots.
14 21.46.110 Dwellings and apartments above stores.
21.46.120 Permitted intrusions into required yards.
15 21.46.130 Walls, fences or hedges.
21.46.140 Trees, shrubs and flowers.
15 21.46.150 Multiple or row dwellings fronting upon a side yard.
21.46.160 Multiple or row dwellings rearing upon a side yard.
17 21.46.170 One building on a lot or building site.
21.46.180 Through lots.
21.46.190 Lot area not to be reduced.
21.46.200 Greater lot area than prescribed.
SECTION LXXXll: That Section 21.46.060 of the Carisbad Municipal Code is
amended to read as follows:
18
19
20
21 „
21.46.060 Formula for yard requirements.
22 The city planner may adopt a formula or establish standard practices by which to
determine appropriate and practical yards in all residential zones where geometric shape and
23 dimensions and topography are such as to make the literal application of required yards
impractical. After the adoption of such formula or standard practices, they shall be applied as an
24 administrative act.
25 SECTION LXXXIIl: That Section 21.46.120 ofthe Carlsbad Municipal Code is
26 amended to read as follows:
27 21.46.120 Permitted intrusions into required yards.
" 45-
The following intrusions may project into any required yards, but in no case shall such
intrusions extend more than two feet into such required yards:
(1) Cornices, eaves, belt courses, sills, buttresses or other similar architectural
features;
(2) Fireplace structures not wider than eight feet measured in the general direction of
the wall ofwhich it is a part;
(3) Stairways, balconies and fire escapes;
(4) Uncovered porches and platforms which do not extend above the floor level of
the first floor; provided, that they may extend six feet into the front yard;
(5) Planting boxes or masonry planters not exceeding forty-two inches in height;
(6) Guard railings for safety protection around ramps.
SECTION LXXXIV: That the list of sections in Chapter 21.47 of the Carisbad
Municipal Code is amended to read as follows:
21.47.010 Intent and purpose.
21.47.020 Nonresidential planned development permit.
21.47.030 Permitted uses.
21.47.040 Application and fee.
21.47.050 Notices and hearings.
21.47.060 Decision-making authority.
21.47.070 Findings of fact.
21.47.073 Announcement of decision and findings of fact.
21.47.075 Effective date and appeals.
21.47.080 Development standards.
21.47.090 Conversion of existing buildings to nonresidential planned developments.
21.47.100 Expiration, extensions, and amendments.
21.47.110 Reserved.
21.47.120 Reserved.
21.47.130 Reserved.
21.47.140 Final map.
21.47.150 Certification of occupancy.
21.47.160 Maintenance.
SECTION LXXXV: That Section 21.47.020 of the Carlsbad Municipal Code is
amended to read as follows:
21.47.020 Nonresidential planned development permit.
A nonresidential planned development permit is required for the development of
nonresidential condominiums, condominium conversions or stock cooperatives in any industrial,
commercial or office zone, or combination zones subject to the requirements thereof except as
they may be modified in accord with this chapter.
For purposes of this chapter, a planned unit development is defined by Section 11003 of the
Business and Professions Code of the state and a condominium project is defined by Section
1351 of the civil code of the state.
SECTION LXXXVl: That Sections 21.47.040 through 21.47.070 of the Carisbad
Municipal Code are amended to read as follows:
-46-^1
1 21.47.040 Application and fee.
A. An application for a nonresidential planned development permit may be made by
2 the owner of the property affected or the authorized agent of the owner. The application shall:
1. Be made in writing on a form provided by the city planner;
3 2. State fully the circumstances and conditions relied upon as grounds for the
application;
4 3. State whether the applicant intends to develop the project as a planned unit
development, condominium project or stock cooperative project; and
5 4. Be accompanied by adequate plans, a legal description of the property involved
and all other materials as specified by the city planner.
6 5. Be accompanied by a tentative map or tentative parcel map, as applicable, in
accordance with Title 20 of this code;
7 6. If the applicant contemplates the construction of a nonresidential planned
development in phases, the application shall so state and shall include a proposed phasing
8 schedule;
7. If the applicant proposes to convert existing buildings to a nonresidential planned
9 development, the plans shall reflect the existing buildings and show all proposed changes and
additions.
10 B. At the time of filing the application, the applicant shall pay the application fee
contained in the most recent fee schedule adopted by the city council.
11
21.47.050 Notices and hearings.
12 A. Notice of an application for a nonresidential planned development permit for less
than five (5) units or lots shall be given pursuant to the provisions of Section 21.54.060.B and
13 21.54.061.
B. Notice of an application for a nonresidential planned development permit for five
14 (5) or more units or lots shall be given pursuant to the provisions of Sections 21.54.060.A and
21.54.061 of this title.
15
21.47.060 Decision-making authority.
16 A. Applications for nonresidential planned development permits shall be acted upon
in accordance with the following:
1' 1. Nonresidential planned development permit for less than five (5) units or lots.
a. An application for a nonresidential planned development permit for less than five
(5) units or lots may be approved, conditionally approved or denied by the city planner based
upon his/her review of the facts as set forth in the application, of the circumstances of the
particular case, and evidence presented at the administrative hearing, if one is conducted
pursuant to the provisions of Section 21.54.060.B.2 of this title.
b. The city planner may approve or conditionally approve the nonresidential
planned development permit if all of the findings of fact in Section 21.47.070 of this chapter are
found to exist.
2. Nonresidential planned development permit for five (5) or more units or lots.
a. An application for a nonresidential planned development permit for five (5) or
more units or lots may be approved, conditionally approved or denied by the planning
commission based upon its review of the facts as set forth in the application, of the
24 circumstances of the particular case, and evidence presented at the public hearing.
b. ' The planning commission shall hear the matter, and may approve or conditionally
25 approve the nonresidential planned development permit if all of the findings of fact in Section
21.47.070 of this chapter are found to exist.
26
21.47.070 Findings of fact.
2y A. The decision-making authority shall approve or conditionally approve a
nonresidential planned development permit only if it finds that all of the following facts exist:
28
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19
20
21
22
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1. The granting of this permit will not adversely affect and will be consistent with the
code, the general plan, applicable specific plans, master plans, and all adopted plans ofthe city
and other governmental agencies;
2. The proposed use at the particular location is necessary and desirable to provide
a service or facility which will contribute to the general well-being ofthe neighborhood and the
community;
3. Such use will not be detrimental to the health, safety or general welfare of
persons residing or working in the vicinity, or injurious to property or improvements in the
vicinity;
4. The proposed nonresidential planned development meets all of the minimum
development standards of the underiying zone, except for lot area;
5. In granting a nonresidential planned development permit, the decision-making
authority may modify the plan or impose such conditions as it deems necessary to protect the
public health, safety and general welfare.
SECTION LXXXVll: That Sections 21.47.071 and 21.47.072 of the Carisbad
Municipal Code are repealed.
SECTION LXXXVIII: That Sections 21.47.073 and 21.47.075 ofthe Carlsbad
Municipal Code are amended to read as follows:
21.47.073 Announcement of decision and findings of fact.
A. When a decision on a nonresidential planned development permit is made
pursuant to this chapter, the decision-making authority shall announce its decision in writing in
accordance with the provisions of Section 21.54.120 of this title.
21.47.075 Effective date and appeals.
A. Decisions made by the city planner pursuant to this chapter shall become
effective unless appealed in accordance with the provisions of Section 21.54.140 ofthis title.
B. Decisions made by the planning commission pursuant to this chapter shall
become effective unless appealed in accordance with the provisions of Section 21.54 150 ofthis
title.
SECTION LXXXIX: That Sections 21.47.100 through 21.47.130 of the Carisbad
Municipal Code are amended to read as follows:
10
11
12
13
14
15
16
17
18
19
20
21
21.47.100 Expiration, extensions, and amendments.
22 ^- The expiration period for an approved nonresidential planned development
permit shall be as specified in Section 21.58.030 ofthis title.
23 ^- The expiration period for an approved nonresidential planned development
permit may be extended pursuant to the provisions of Section 21.58.040 of this title.
24 An approved nonresidential planned development permit may be amended
pursuant to the provisions of Section 21.54.125 of this title.
25
21.47.110 Reserved.
26
21.47.120 Reserved.
27
21.47.130 Reserved.
28
-48- 4^
SECTION XC: That Section 21.48.050.C.1 ofthe Carlsbad Municipal Code
is amended to read as follows:
l.A nonconforming residential structure and/or a nonconforming residential use
4 may be expanded, so as to occupy a greater area of land or more floor area subject to issuance
of all required discretionary and building permits and provided that an application for a
5 nonconforming construction permit is submitted and the city planner approves the findings of
fact pursuant to Section 21.48.080.D.
6
y SECTION XCl: That Section 21.48.050.D.1 ofthe Carlsbad Municipal Code
g is amended to read as follows:
g 1. A nonconforming residential structure and/or nonconforming residential use that
is destroyed by fire, explosion, or other casualty or natural disaster, may be replaced subject to
10 issuance of all required discretionary and building permits and provided that an application for a
nonconforming construction permit is submitted within two years of the date of the disaster and
11 the city planner approves the findings of fact pursuant to Section 21.48.080.D. The city planner
may grant an extension to the above two-year application submittal limit upon demonstration of
12 good cause by the applicant.
13 SECTION XCII: That Section 21.48.050.E.1 ofthe Carlsbad Municipal Code
14 is amended to read as follows:
15 1. A nonconforming residential structure and/or nonconforming residential use that
is proposed to be voluntarily demolished may be replaced subject to issuance of all required
16 discretionary and building permits and provided that an application for a nonconforming
construction permit is submitted and the city planner approves the findings of fact pursuant to
17 Section 21.48.080.D priorto the date ofthe demolition.
18 SECTION XCIII: That Section 21.48.060.C.1 ofthe Carlsbad Municipal Code
19 is amended to read as follows:
20 l.A nonconforming non-residential structure may be expanded, so as to occupy a
greater area of land or more floor area subject to issuance of all required discretionary and
21 building permits and provided that an application for a nonconforming construction permit is
submitted and the city planner approves the findings of fact pursuant to Section 21.48.080.D.
23 SECTION XCIV: That Section 21.48.060.D.1 ofthe Carisbad Municipal Code
24 is amended to read as follows:
25 l.A nonconforming non-residential structure that is destroyed by fire, explosion, or
other casualty or natural disaster, may be replaced subject to issuance of all required
25 discretionary and building permits and provided that an application for a nonconforming
construction permit is submitted within two years of the date of the disaster and the city planner
2y approves the findings of fact pursuant to Section 21.48.080.D.
28 -49- £ D
27
28
SECTION XCV: That Section 21.48.060.E. 1 of the Carlsbad Municipal Code
is amended to read as follows:
1. A nonconforming non-residential structure that is proposed to be voluntarily
demolished may be replaced subject to issuance of all required discretionary and building
permits and provided that an application for a nonconforming construction permit is submitted
and the city planner approves the findings of fact pursuant to Section 21.48.080.D prior to the
date ofthe demolition.
SECTION XCVl: That Sections 21.48.080 and 21.48.090 of the Carlsbad
Municipal Code are amended to read as follows:
21.48.080 Nonconforming construction permit.
A. Application and fees.
1. An application for a nonconforming construction permit may be made by the
JQ owner of the property affected or the authorized agent of the owner. The application shall:
a. Be made in writing on a form provided by the city planner;
11 b. State fully the circumstances and conditions relied upon as grounds for the
application; and
12 c. Be accompanied by adequate plans, a legal description of the property involved
and all other materials as specified by the city planner.
13 2. At the time of filing the application, the applicant shall pay the application fee
contained in the most recent fee schedule adopted by the city council.
14 B. Notices and hearings.
1. Notice of an application for a nonconforming construction permit shall be given
15 pursuant to the provisions of Sections 21.54.060.B and 21.54.061 ofthis title.
C. Decision-Making Authority.
15 1. An application for a nonconforming construction permit may be approved,
conditionally approved or denied by the city planner based upon his/her review of the facts as
17 set forth in the application, of the circumstances of the particular case, and evidence presented
at the administrative hearing, if one is conducted pursuant to the provisions of Section
21.54.060.B.2ofthis title.
2. The city planner may approve or conditionally approve the nonconforming
19 construction permit if all ofthe findings of fact in Section 21.48.080.D ofthis title are found to
exist.
20 D. Findings of Fact.
1. A nonconforming construction permit shall be granted only if the following facts
21 are found to exist in regard thereto:
a. The expansion/replacement of the structure and/or use would not result in an
22 adverse impact to the health, safety and welfare of surrounding uses, persons or property.
b. The area of expansion shall comply with all current requirements and
23 development standards of the zone in which it is located, except as provided in Subsection
21.48.050(A)(3) of this chapter.
24 c. The expansion/replacement structure shall comply with all current fire protection
and building codes and regulations contained in Titles 17 and 18.
25 d. The expansion/replacement would result in a structure that would be considered
an improvement to, or complementary to and/or consistent with the character of the
26 neighborhood in which it is located.
E. Announcement of decision and findings of fact.
-50- S\
1 1. When a decision on a nonconforming construction permit is made pursuant to
this chapter, the decision-making authority shall announce its decision in writing in accordance
2 with the provisions of Section 21.54.120 of this title.
F. Effective date and appeals.
3 1. The city planner's decision on nonconforming construction permits shall become
effective unless appealed in accordance with the provisions of Section 21.54.140 ofthis title.
4 G. Expiration, extensions and amendments.
1. Expiration of Permit if Not Exercised.
5 a. The expiration period for an approved nonconforming construction permit shall
be as specified in Section 21.58.030 of this title.
6 2. Extension of Permit if Not Exercised.
a. The expiration period for an approved nonconforming construction permit may be
7 extended pursuant to Section 21.58.040 of this title.
3. Amendment.
8 a. An approved nonconforming construction permit may be amended pursuant to
the provisions of Section 21.54.125 ofthis title.
9
21.48.090 Abatement of nonconforming structures and uses.
10 A. If a nonconforming use and/or structure is determined by the city planner to be
adverse to the orderiy development of the city and/or to the public health, safety, or welfare of
11 persons or property, the city planner shall schedule a public hearing before the planning
commission to establish the conditions of abatement and the abatement period. The abatement
12 period shall start from the date of the applicable resolution and shall be:
1. For all Residential Uses.
13 a. Not less than one or more than five years.
2. For all Non-Residential Uses.
14 a. Not less than one or more than ten years.
3. For all Nonconforming Structures.
15 a. Not less than three years or more than twenty-five years.
4. Nothing in these provisions shall preclude abatement of a nuisance pursuant to
16 Section 6.16.150 of the Carisbad Municipal Code.
B. Notices and hearings.
1 ^ 1. Notice of said public hearing shall be given as required by Section 21.54.060.A
and 21.54.061 of this title.
1° C. Public Hearing Evidence.
1. The planning commission shall consider at the public hearing, all pertinent data
to enable it to arrive at an equitable abatement period which will protect the public health, safety
or welfare of persons or property, yet will allow the owner of record, or lessee if applicable,
sufficient time to amortize their investment.
2. The owner or lessee shall be allowed to present any evidence related to the
case.
3. When setting the abatement period, the planning commission shall take into
consideration the type of construction, age, condition, and extent of nonconformity of the
structure or use in question; any structural alterations or expansions; and/or the installation of
major equipment designed into the structure prior to the date of nonconformity.
D. Hearing Decision.
1. After the close of the public hearing, the planning commission shall determine
25 and establish by resolution the abatement period, and shall set forth in said resolution all
findings and facts upon which the date of such abatement period is based.
E. Notice of Decision to Owner.
1. The secretary of the planning commission shall formally notify the owner of the
27 property of the action of the planning commission by mailing a copy of the resolution, via
20
21
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26
28
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1
2
3
4
5
6
7
certified return receipt mail, within ten days following the date of its adoption by the planning
commission.
F. Effective date and appeals.
1. The above action of the planning commission shall become effective unless
appealed in accordance with the provisions of Section 21.54.150 ofthis title.
G. Recordation.
1. The secretary of the planning commission shall transmit a final signed copy of
the resolution ofthe planning commission or city council, whichever is final, to the County
Recorder of San Diego for recordation.
SECTION XCVll: That Chapter 21.50 of the Carlsbad Municipal Code is
amended to read as follows:
CHAPTER 21.50
VARIANCES
Sections:
21.50.010 Intent and purpose.
21.50.020 Application and fee.
21.50.030 Notices and hearings.
21.50.040 Decision-making authority.
21.50.050 Findings of fact.
21.50.060 Announcement of decision and findings of fact.
21.50.070 Effective date and appeals.
21.50.080 Expiration, extensions and amendments.
21.50.010 Intent and purpose.
A. When practical difficulties, unnecessary hardships, or results inconsistent with
the general purpose of this title result through the strict and literal interpretation and
enforcement of the provisions hereof, a minor variance or variance from the provisions of this
title may be approved or conditionally approved, so that the spirit of this title shall be observed,
public safety and welfare secured and substantial justice done.
B. The purpose of any minor variance or variance shall be to prevent discrimination,
and no variance shall be approved or conditionally approved which would have the effect of
granting a special privilege not shared by other property in the same vicinity and zone.
21.50.020 Application and fee.
A. An application for a minor variance or variance may be made by the record
owner or owners of the property affected or the authorized agent of the owner or owners. The
application shall:
1. Be made in writing on a form provided by the city planner;
2. State fully the circumstances and conditions relied upon as grounds for the
application; and
3. Be accompanied by adequate plans, which allow for detailed review pursuant to
this chapter and demonstrate compliance with the requirements of this chapter, a legal
description of the property involved and all other materials as specified by the city planner.
B. At the time of filing the application, the applicant shall pay the application fee
contained in the most recent fee schedule adopted by the city council.
21.50.030 Notices and hearings.
A. Notice of an application for a minor variance shall be given pursuant to the
provisions of Sections 21.54.060.B and 21.54.061 ofthis title.
-52-53
1 B. Notice of an application for a variance shall be given pursuant to the provisions of
Sections 21.54.060.A and 21.54.061 of this title.
2
21.50.040 Decision-making authority.
3 A. Minor variances.
1. The city planner may approve, conditionally approve or deny a minor variance for
4 the following:
a. Modifications of distance or area regulations, provided such modification does
5 not exceed seventy-five percent of required front, side or rear yards nor exceed ten percent of
maximum lot coverage regulations;
6 i. Unenclosed balconies, patios and decks which extend above the existing ground
level may be allowed to project to the property lines of side or rear yards immediately adjacent
7 to permanent open space areas.
b. Modifications ofthe minimum lot width regulations, provided such modification
8 does not result in a lot width less than fifty feet;
c. Walls or fences to exceed heights permitted by the zoning regulations;
9 d. Modifications to the sign area regulations, provided such modification does not
exceed ten percent of the maximum allowed sign area;
10 e. Modifications to the sign height regulations provided such modification does not
exceed ten percent of the maximum allowed sign height.
11 2. The city planner's decision shall be based upon his/her review of the facts as set
forth in the application, of the circumstances of the particular case, and evidence presented at
12 the administrative hearing, if one is conducted pursuant to the provisions of Section
21.54.060.B.2 of this title.
13 3. The city planner may approve or conditionally approve a minor variance if all the
findings of fact in Section 21.50.050 ofthis title are found to exist.
B. Variances.
1. The planning commission may approve, conditionally approve or deny a variance
15 that is not subject to subsection A of this section.
2. The planning commission's decision shall be based upon its review of the facts
16 as set forth in the application, of the circumstances of the particular case, and evidence
presented at the public hearing.
3. The planning commission shall hear the matter and may approve or conditionally
approve the variance if all the findings of fact in Section 21.50.050 of this title are found to exist.
18
21.50.050 Findings of fact.
19 A. No minor variance or variance shall be approved or conditionally approved
unless the decision-making authority finds:
1. That because of special circumstances applicable to the subject property,
including size, shape, topography, location or surroundings, the strict application ofthe zoning
ordinance deprives such property of privileges enjoyed by other property in the vicinity and
under identical zoning classification;
2. That the minor variance or variance shall not constitute a grant of special
privileges inconsistent with the limitations upon other properties in the vicinity and zone in which
the subject property is located and is subject to any conditions necessary to assure compliance
24 with this finding;
3. That the minor variance or variance does not authorize a use or activity which is
25 not otherwise expressly authorized by the zone regulation governing the subject property;
4. That the minor variance or variance is consistent with the general purpose and
25 intent of the general plan, this title and any applicable specific or master plans;
5. In addition, in the coastal zone, that the minor variance or variance is consistent
27 with the general purpose and intent of the certified local coastal program and does not reduce or
in any manner adversely affect the requirements for protection of coastal resources.
14
20
21
28 -53- SM
21.50.060 Announcement of decision and findings of fact.
A. When a decision on a minor variance or variance is made pursuant to this
chapter, the decision-making authority shall announce its decision in writing in accordance with
the provisions of Section 21.54.120 ofthis title.
21.50.070 Effective date and appeals.
A. Decisions on minor variances shall become effective unless appealed in
accordance with the provisions of Section 21.54.140 of this title.
B. Decisions on variances shall become effective unless appealed in accordance
with the provisions of Section 21.54.150 of this title.
21.50.080 Expiration, extensions and amendments.
A. The expiration period for minor variances and variances shall be as specified in
Section 21.58.030 ofthis title.
B. The expiration period for an approved minor variance or variance may be
extended pursuant to Section 21.58.040 ofthis title.
C. An approved minor variance or variance may be amended pursuant to the
provisions of Section 21.54.125 of this title.
10
11 SECTION XCVlll: That Chapter 21.51 of the Carlsbad Municipal Code is
12 ^"P^^'^'-
13 SECTION XCIX: That Chapter 21.52 of the Carlsbad Municipal Code is
14 amended to read as follows:
15 CHAPTER 21.52
AMENDMENTS
16
Sections:
17 21.52.010 Purpose.
21.52.020 Amendment initiation.
18 21.52.030 Application and fees.
21.52.040 Notices and hearings.
19 21.52.050 Decision-making authority.
21.52.060 Announcement of decision and findings of fact.
20 21.52.070 Effective date.
21 21.52.010 Purpose,
A. The purpose of this chapter is to establish the process and requirements to
22 amend this title, the general plan, and the local coastal program, including amendments to the
boundaries of land use designations and zones.
23 B. The process and requirements established by this chapter regarding
amendments to the local coastal program are intended to be consistent with and shall not
24 supersede the requirements of the California Coastal Act.
25 21.52.020 Amendment Initiation.
A. Amendments to this title, the general plan, or local coastal program may be
26 initiated by:
1. The verified application of one or more owners of property or building proposed
27 to be changed or reclassified;
28 -54- 35
1 2. Resolution of intention of the city council;
3. Resolution of intention of the planning commission;
2 4. The city planner.
3 21.52.030 Application and fees.
A. An application to amend this title, the general plan, or local coastal program shall:
4 1. Be made in writing on a form provided by the city planner;
2. State fully the circumstances and conditions relied upon as grounds for the
5 application; and
3. Be accompanied by all other materials as specified by the city planner.
6 B. At the time of filing the application, the applicant shall pay the application fee
contained in the most recent fee schedule adopted by the city council.
7 C. If the application is applicable to a specific parcel(s) of land, the application shall
be made by the owner of the property affected or the owner's authorized agent. This paragraph
shall not apply to an amendment initiated by the city. In addition to the provisions of subsection
A ofthis Section, such applications shall also include:
9 1. Adequate plans and a legal description of the property involved.
10 21.52.040 Notices and hearings.
A. Notice of an application to amend this title, the general plan, or the local coastal
11 program shall be given pursuant to the provisions of Sections 21.54.060.A and 21.54.061 of this
title.
12
21.52.050 Decision-making authority.
13 A. The city council may approve or deny amendments to this title, the general plan,
or local coastal program.
14 1. Before the city council decision, the planning commission shall hear and consider
the application and shall prepare a recommendation for the city council that includes the
15 reasons for the recommendation and the relationship of the proposed amendment to applicable
provisions of this title, the general plan and local coastal program, and any applicable master or
16 specific plan.
2. The city council shall hear the matter, and after considering the findings and
1^ recommendations of the planning commission, may approve conditionally approve or deny
amendments to this title, the general plan or local coastal program.
3. The city council may make substantial modifications to the planning
commission's recommendation on a proposed amendment to this title, the general plan, or local
coastal program, including modifications not previously considered by the planning commission.
The city council, in its discretion, may refer said modifications back to the Planning Commission
for recommendation.
B. Amendments to the local coastal program are also subject to approval by the
California Coastal Commission.
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21.52.060 Announcement of decision and findings of fact.
A. When a decision is made pursuant to this chapter, the decision-making authority
shall announce its decision in writing in accordance with the provisions of Section 21.54.120 of
24 this title.
25 21.52.070 Effective date.
A. A decision of the city council to amend the general plan or this title is final,
25 conclusive and shall be effective 30 days after the city council's adoption of the resolution (for
amendments to the general plan) or ordinance (for amendments to this title).
27 "
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B. Within the coastal zone, the city council's approval of an amendment to the local
coastal program shall not become effective until the amendment is approved by the California
Coastal Commission, pursuant to Section 30514 ofthe Public Resources Code.
SECTION C: That Section 21.53.040 of the Carlsbad Municipal Code is
amended to read as follows:
21.53.040 Clarification of ambiguity.
If ambiguity arises concerning the appropriate classification of a particular use within the
meaning and intent of this title, or if ambiguity exists with respect to matters of height, yard
requirements, area requirements or zone boundaries, as set forth in this title and as they may
pertain to unforeseen circumstances, including technological changes in processing of
materials, it shall be the duty of the city planner to make an interpretation and thereafter such
interpretation shall govern.
SECTION Cl: That Sections 21.53.085 and 21.53.090 of the Carlsbad
Municipal Code are amended to read as follows:
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10
21.53.085 Wild animals
12 In zones where the keeping of wild animals is permitted, a wild animal may be kept,
provided a wild animal permit has been issued for it by the state and provided the keeping of
13 such wild animal does not constitute the establishment or maintenance of a private zoo, as
defined in Section 21.04.400 ofthis title. Private zoos may be established or maintained only as
14 permitted by the underiying zone
15 21.53.090 Temporary real estate office.
In any newly created subdivision, the subdivider or his assignee may operate a
15 temporary real estate office for the purpose of selling lots in the subdivision only. Such use shall
cease no later than the date of the close of escrow of the final home in the subdivision.
17 "
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19 ..
21.53.120 Affordable housing multi-family residential projects—Site development plan
20 required.
A. Site Development Plan Requirement.
21 1. Notwithstanding anything to the contrary in this code, no building permit or other
entitlement shall be issued for any multi-family residential development having more than four
22 dwelling units or an affordable housing project of any size unless a site development plan has
been approved for the project. The site development plan shall be processed pursuant to the
23 provisions of Chapter 21.06 of this title.
2. A site development plan for a multi-family residential project (not affordable) shall
24 not be required for any project processed pursuant to the provisions of Chapter 21.45 of this
title.
25 B. Development Standards.
1. The development (both for multi-family residential and affordable housing) shall
26 be subject to the development standards of the zone in which the development is located and/or
any applicable specific or master plan except for affordable housing projects as expressly
27 modified by the site development plan. The site development plan for affordable housing
SECTION Cll: That Section 21.53.120 of the Carlsbad Municipal Code is
amended to read as follows:
28 -56- Sl
1 projects may allow less restrictive development standards than specified in the underiying zone
or elsewhere provided that the project is in conformity with the general plan and adopted
2 policies and goals of the city, it would have no detrimental effect on public health, safety and
welfare, and, in the coastal zone, any project processed pursuant to this chapter shall be
3 consistent with all certified local coastal program provisions, with the exception of density. In
addition, the decision-making authority in approving a site development plan may impose
4 special conditions or requirements which are more restrictive than the development standards in
the underiying zone or elsewhere that include provisions for, but are not limited to, the following:
5 a. Density of use;
b. Compatibility with surrounding properties and land uses;
6 c. Parking standards;
d. Setbacks, yards, active and passive open space required as part of the
7 entitlement process, and on-site recreational facilities;
e. Height and bulk of buildings;
f. Fences and walls;
g. Signs;
9 h. Additional landscaping;
i. Grading, slopes and drainage;
10 j. Time period within which the project or any phases of the project shall be
completed;
11 k. Points of ingress and egress;
I. Such other conditions as deemed necessary to ensure conformity with the
12 general plan and other adopted policies, goals or objectives of the city.
C. In addition the decision-making authority may require that the developer provide
13 public improvements either on or off the subject site as are needed to serve the proposed
development or to mitigate public facilities needs or impacts created by the project.
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SECTION Clll: That Section 21.53.230(b) of the Carisbad Municipal Code
is amended to read as follows:
jy (b) The following lands are considered to be undevelopable and shall be excluded
from density calculation:
Jg (1) Beaches;
(2) Permanent bodies of water;
(3) Floodways:
(4) Natural slopes with an inclination of greater than forty percent except as
20 permitted pursuant to Section 21.95.140. B ofthis code;
(5) Significant wetlands;
21 (6) Significant riparian or woodland habitats;
(7) Land subject to major power transmission easements;
22 (8) Land upon which other significant environmental features as determined by the
environmental review process for a project are located;
23 (9) Railroad track beds.
24 SECTION CIV: That the list of sections in Chapter 21.54 of the Carisbad
25 Municipal Code is amended to read as follows:
26 21.54.010 Review and approval/denial of applications.
21.54.020 Reserved.
27 21.54.030 Reserved.
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21.54.040 Decision-making authority for multiple development permits.
21.54.050 Setting of hearing.
2 21.54.060 Notices of applications and hearings.
21.54.061 Content of notice.
3 21.54.063 Failure to receive notice.
21.54.064 Applicant's responsibilities.
4 21.54.070 Reserved.
21.54.080 Investigations.
5 21.54.090 Rule establishment for conduct of hearings.
21.54.100 Hearing continuance without public notice.
6 21.54.110 Permanent files shall include summary of testimony.
21.54.120 Announcement of decision and findings of fact.
7 21.54.125 Amendments to development permits.
21.54.130 Restriction on reapplication after denial.
21.54.140 Effective date of order-Appeal of city planner or housing and neighborhood
services director decisions.
9 21.54.150 Effective date of order—Appeal of planning commission decisions.
10 SECTION CV: That Sections 21.54.010 through 21.54.061 ofthe Carlsbad
11 Municipal Code are amended to read as follows:
12 21.54.010 Review and approval/denial of applications.
A. Permit Streamlining Act compliance.
13 1. The city shall comply with the requirements of the California Permit Streamlining
Act (Title 7, Division 1, Chapter 4.5 ofthe California Government Code).
14 B. Application form.
1. The city planner shall prescribe the form of applications for the development
15 permits or approvals and applications for changes in zone or general plan boundaries or
classifications.
2. The city planner may prepare and provide application forms and shall prescribe
the type of information to be provided with the application by the applicant.
3. No application shall be accepted unless it is in the proper form and contains all
required information.
C. Signatures on applications.
. g 1. All applications shall include the signatures of the owner(s) of the property
affected or the authorized agent of the owner.
2Q 2. If signatures of persons other than the owners of property making the application
are required or offered in support of, or in opposition to, an application, they may be received as
2j evidence of notice having been served upon them ofthe pending application, or as evidence of
their opinion on the pending issue, but they shall in no case infringe upon the free exercise of
22 the powers vested in the city as represented by the planning commission and the city council.
D. Applications as part of permanent record.
23 1. Applications filed pursuant to this title shall be numbered consecutively in the
order of their filing, and shall become a part ofthe city's permanent official records, and there
24 shall be attached thereto and permanently filed there with copies of all notices and actions with
certificates and affidavits of posting, mailing or publications pertaining thereto.
E. Filing fees.
1. A fee in an amount established by city council resolution shall be paid at the time
25 of filing an application for a development permit for approval, or application for a change in zone
or general plan boundaries or classifications. No application shall be accepted or deemed
27 accepted until the appropriate fee or fees have been paid.
F. Application completeness.
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17
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25
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1 1. In accordance with Title 7, Division 1, Chapter 4.5, Article 3 of the California
Government Code, applications shall be reviewed for completeness as follows:
2 2. The city planner shall consult with appropriate departments concerning the
application and shall, within thirty days after the application has been filed with the city,
3 determine in writing whether the application is complete and shall transmit the determination to
the applicant.
4 3. If the application is determined to be incomplete:
a. the written determination shall specify those parts of the application which are
5 incomplete and shall indicate the manner in which the application can be made complete,
including a list and description ofthe specific information needed to complete the application.
6 b. The applicant shall have six months from the date the application was initially
filed to either resubmit the application or submit the information specified in the determination.
7 Failure of the applicant to resubmit the application or to submit the materials in response to the
determination within the six months shall be deemed to constitute withdrawal of the application.
If an application is withdrawn or deemed withdrawn a new application must be submitted.
4. Within thirty days of any resubmittal of an application or submittal of materials in
9 response to a written determination of incompleteness, the city planner shall determine in
writing whether the application, together with the subsequently submitted materials, constitute a
10 complete application and shall immediately transmit the determination to the applicant.
5. If an application, together with the submitted materials, is determined by the city
11 planner to be incomplete, the applicant may appeal the decision in writing to the planning
commission pursuant to Section 21.54.140. The applicant may also appeal the decision ofthe
12 planning commission to the city coupcil pursuant to Section 21.54.150.
a. The city shall make a final written determination on the appeal not later than sixty
13 calendar days after the receipt of the applicant's written appeal of the city planner's decision.
6. Failure by the city to meet the time limits specified in this section shall cause the
14 application to be deemed complete.
7. Nothing in this section precludes an applicant and the city from mutually agreeing
15 to an extension of any time limit provicied in this section.
G. Time limits for approval or denial of development permits.
16 1: The city shall approve or disapprove a development permit application within the
time limits specified in Title 7, Division 1, Chapter 4.5, Article 5 ofthe California Government
1^ Code, unless an extension of time is mutually agreed to by the applicant and city pursuant to
Government Code section 65957.
1° H. Permit Streamlining Act not applicable to legislative actions.
1. The time limits specified in subsections F and G of this section do not apply to
legislative actions and likewise do not apply to development permit applications that include
legislative changes in applicable general plans, zoning ordinances or other controlling land use
legislation.
21.54.020 Reserved.
21.54.030 Reserved.
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21
22
23
21.54.040 Decision-making authority for multiple development permits.
24 A. For purposes ofthis section, "development permit" means any permit, entitlement
or approval required pursuant to Titles 20 or 21 ofthis code, or pursuant to any applicable
25 master, specific, or redevelopment plan.
B. For purposes ofthis section, "city planner" shall be interchangeable with "city
25 engineer" and "housing and neighborhood services director", and "city council" shall be
interchangeable with "housing and redevelopment commission".
2y C. When multiple development permits are processed concurrently for a proposed
project, the decision-making authority for all such development permits shall be as follows:
28
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1 1. The city planner shall have the authority to approve, conditionally approve or
deny, on all concurrently processed development permits, provided that such permits do not
2 include a development permit that requires a decision from the planning commission or city
council.
3 2. The planning commission shall have the authority to approve, conditionally
approve or deny, on all concurrently processed development permits that:
4 a. Include a development permit that has been appealed to the planning
commission in accordance with Section 21.54.140; or
5 b. Include a development permit that requires a decision from the planning
commission; and that
6 c. Does not include a development permit that requires a decision from the city
council.
7 3. The city council shall have the authority to make a decision on all concurrently
processed development permits that:
a. Include a development permit that has been appealed to the city council in
accordance with Section 21.54.150 ofthis title; or
9 b. Include a development permit that requires a decision from the city council.
D. Except for appeals, the city council shall first receive a recommendation from the
10 planning commission prior to making a decision on all concurrently processed development
permits.
11
21.54.050 Setting of hearing.
12 A. All proposals for amending zone or general plan boundaries or classifications, or
for the granting of any development permit or approval requiring a hearing as provided in this
13 title shall be set for hearing by the city planner when such hearings are to be held before the
planning commission and by the city clerk for hearings to be held before the city council.
14 Conditional uses in the coastal zone shall be subject to the requirements of this chapter and the
additional requirements of Chapter 21.201 as applicable.
15 B. The city shall approve or disapprove a project within the time limits specified in
California Government Code Sections 65950, 65950.1, 65951, or 65952, unless an extension of
16 time is mutually agreed to by the applicant and city as provided in Government Code section
65957.
^' C. The time limits specified in this section and in Section 21.54.010 above do not
apply to legislative actions and likewise does not require that permit applications be deemed
approved if not acted on within the statutory period when such permit applications would require
legislative changes in applicable general plans, zoning ordinances or other controlling land use
legislation.
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21
21.54.060 Notices of applications and hearings.
A. Noticing of public hearings.
1. When a provision of this code requires notice of a public hearing to be given
pursuant to this subsection, at least ten calendar days prior to the public hearing, notice of the
hearing shall be given in all ofthe following ways:
^3 a. Notice by mail. Mailed or delivered to:
The owner of the subject real property or the owner's duly authorized agent:
The project applicant and/or the applicant's representative;
Each local agency expected to provide water, sewage, streets, roads, schools, or
25 other essential facilities or services to the project, whose ability to provide those facilities and
services may be significantly affected by the project;
25 iv. All owners of real property as shown on the latest equalized assessment roll
within six hundred feet ofthe real property that is the subject ofthe hearing. In lieu of utilizing
27 the assessment roll, records of the county assessor or tax collector that contain more recent
information than the assessment roll may be used. If the number of owners to whom notice
24
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13
1 would be mailed or delivered pursuant to this subparagraph is greater than one thousand, in lieu
of mailed or delivered notice, notice may be given by placing a display advertisement of at least
2 one-eighth page in at least two newspapers of general circulation within the city.
V. All occupants within one hundred feet of the subject property and the area office
3 of the California Coastal Commission (applicable to coastal development permits only),
vi. Any person who has filed a written request for notice with the city clerk. The city
4 clerk shall charge a fee established by city council resolution which is reasonably related to the
costs of providing this service. Each request shall be annually renewed.
5 b. Published or posted notice. Unless newspaper advertisement is provided
pursuant to Section 21.54.060.A.iv, the public hearing notice shall either be:
6 i. Published pursuant to California Government Code Section 6061 in at least one
newspaper of general circulation within the city at least ten calendar days prior to the hearing; or
7 ii. Posted at least ten calendar days prior to the hearing in at least three public
places in the city, including one public place in the area directly affected by the proceeding.
2. When a provision of this code requires notice of a public hearing to be given
pursuant to this subsection, notice shall be published pursuant to California Government Code
9 Section 6061 in at least one newspaper of general circulation within the city at least ten
calendar days prior to the hearing.
10 B. Noticing of administrative permits.
1. When a provision of this code requires notice of an application pursuant to this
11 subsection, at least ten calendar days prior to a decision on the application, written notice shall
be given as follows:
12 a. Notice by mail. Mailed or delivered to:
The owner of the subject real property or the owner's duly authorized agent;
The project applicant and/or the applicant's representative;
All owners of real property as shown on the latest equalized assessment roll
14 within three hundred feet of the real property that is the subject of the administrative permit; or
all owners within one hundred feet for minor coastal development permits only. In lieu of utilizing
15 the assessment roll, records ofthe county assessor or tax collector that contain more recent
information than the assessment roll may be used. If the number of owners to whom notice
16 would be mailed or delivered pursuant to this subsection is greater than one thousand, in lieu of
mailed or delivered notice, notice may be given by placing a display advertisement of at least
1' one-eighth page in at least two newspapers of general circulation within the city.
iv. All occupants within one hundred feet of the subject property, and to the area
office ofthe California Coastal Commission. This requirement applies to minor coastal
development permits only.
V. Any person who has filed a written request for notice with the city clerk. The city
clerk shall charge a fee established by city council resolution which is reasonably related to the
costs of providing this service. Each request shall be annually renewed.
2. Once notice has been given in accordance with Section 21.54.060.B.l, any
person may file written comments or a written request to be heard within ten calendar days of
22 the date of the notice. If a written request to be heard is filed, the city planner shall:
a. Schedule an administrative hearing; and
23 b. Provide written notice at least five calendar days prior to the date of the
administrative hearing to the owner of the subject real property or the owner's duly authorized
24 agent, the project applicant and/or applicant's representative, and any person who filed written
comments or a written request to be heard.
25 3. The noticing requirements specified in Section 21.54.060.A shall apply if an
administrative permit is processed concurrently with a permit, entitlement, or action that requires
25 a public hearing.
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21.54.061 Content of notice.
-61- 6.7-
1 A. The notice given pursuant to Section 21.54.060 shall include the date, time and
place of a public hearing, the identity of the hearing body or officer, a general explanation of the
2 matter to be considered, and a general description, in text or diagram, of the location of the real
property if any, that is the subject of the hearing.
3 B. However, within the coastal zone such notice shall contain the following
additional information:
4 l.A statement that the development is within the coastal zone;
2. The date of filing of the application and the name of the applicant;
5 3. The number assigned to the application;
4. A brief description of the general procedure of local government concerning the
6 conduct of hearing and local actions;
5. The system for local and Coastal Commission appeals, including any local fees
7 required, expressly stating whether the matter is appealable to the Coastal Commission.
C. Notice given pursuant to Section 21.54.060.B shall include a statement that an
8 administrative hearing shall be held upon written request.
9 SECTION CVI: That Section 21.54.062 of the Carlsbad Municipal Code is
10 repealed.
11 SECTION evil: That Section 21.54.064 and 21.54.070 of the Carisbad
12 Municipal Code are amended to read as follows:
13 21.54.064 Applicant's responsibilities.
A. The applicant for any action requiring a notice of public hearing or notice of
14 administrative permit pursuant to the provisions of Section 21.54.060 of this title shall provide
the city with public notification materials (i.e. radius map, mailing list and labels as specified by
15 the city planner) and notice mailing fee equal to the current postage rate to cover the cost of
mailing the notice
17
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21.54.070 Reserved.
SECTION CVIll: That Section 21.54.120 of the Carlsbad Municipal Code is
amended to read as follows:
20 21.54.120 Announcement of decision and findings of fact.
A. When a decision is made pursuant to this title an announcement of the decision
21 and findings of fact shall be provided when:
1. Pursuant to section 21.54.060 of this chapter, a public notice was provided for
22 the associated application; or
2. Notice of such decision is required to be provided pursuant to this section.
23 B. The decision-making body shall announce its decision in writing as follows:
1. The city planner shall announce his/her decision and findings by letter.
24 2. The planning commission shall announce its decision and findings by formal
resolution.
25 3. The city council shall announce its decision and findings (if applicable) by formal
resolution or ordinance.
26 C. The announcement of decision and findings shall include:
1. A statement that the permit is approved, conditionally approved, or denied;
27 2. The facts and reasons which, in the opinion of the decision-making body, make
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1 the approval or denial of the permit necessary to carry out the provisions and general purpose
of this title;
2 3. Such conditions and limitations that the decision-making body may impose in the
approval of the permit.
3 D. The announcement of decision and findings shall be mailed to:
1. The owner of the subject real property or the owner's duly authorized agent, the
4 project applicant and/or the applicant's representative at the address or addresses shown on
the application filed with the planning division;
5 2. Any person who has filed a written request for a notice of decision;
3. Any person who filed a written request for an administrative hearing or to be
6 heard at an administrative hearing.
7 SECTION CIX: That Section 21.54.125 is added to the Carlsbad Municipal
8 Code as follows:
9 21.54.125 Amendments to development permits.
A. For purposes of this section, "development permit" means any permit, entitlement
or approval required pursuant to Title 21 of this code, or pursuant to any applicable master,
specific, or redevelopment plan.
11 B. Any approved development permit may be amended by following the same
procedure required for the approval of said development permit (except that if the City Council
12 approved the original permit, the Planning Commission shall have the authority to act upon the
amendment), and upon payment of the application fee contained in the most recent fee
13 schedule adopted by the city council.
C. If an approved development permit was issued pursuant to the provisions of
Section 21.54.042 of this title, any amendment to said permit shall be acted on by the decision-
making authority that approved the original permit, except that if the City Council approved the
original permit, the Planning Commission shall have the authority to act upon the amendment.
D. In granting an amendment, the decision-making authority may impose new
conditions and may revise existing conditions.
10
SECTION CX: That Section 21.54.140 of the Carisbad Municipal Code is
amended to read as follows:
15
16
17
18
19
21.54.140 Effective date of order—Appeal of city planner or housing and neighborhood
20 services director decisions.
A. This section shall apply to those decisions or determinations of the city planner or
21 housing and neighborhood services director made pursuant to this title or city planner
determinations pursuant to Title 19 or Title 20. Accordingly, in this section, "housing and
22 neighborhood services director" shall be interchangeable with "city planner;" "housing and
neighborhood services department" shall be interchangeable with "planning division;" and
23 "housing and redevelopment commission" shall be interchangeable with "city council."
B. Whenever the city planner is authorized, pursuant to this title. Title 19, or Title 20
24 to make a decision or determination, such decision or determination is final and effective when
the city planner's written determination is mailed or othenA/ise delivered to the person(s) affected
25 by the determination, whichever time is least restrictive. Within ten calendar days of the date
that a decision or determination becomes final, a written appeal may be filed with the city
26 planner by an interested person. An individual member of the city council can be an interested
person for purposes ofthe appeal. Filing of such an appeal within such time limits shall stay the
27 effect of the decision or determination of the city planner until such time as the planning
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commission has acted on the appeal. The appeal shall specifically state the reason or reasons
for the appeal. The burden of proof is on the appellant to establish by substantial evidence that
2 the grounds for the requested action exist. Grounds for appeal shall be limited to the following:
that there was an error or abuse of discretion on the part of the city planner in that the decision
3 was not supported by the facts presented to the city planner prior to the decision being
appealed; or that there was not a fair and impartial hearing. Fees for filing an appeal under this
4 section shall be established by resolution of the city council.
C. Upon the filing of an appeal, the city planner shall schedule the appeal for
5 hearing before the planning commission as soon as practicable. An appeal shall be heard and
noticed in the same manner as was required of the determination or decision being appealed.
6 The appeal hearing before the planning commission is de novo; however the planning
commission shall consider only the evidence presented to the city planner for consideration in
7 the determination or decision being appealed. The planning commission shall determine all
matters not specified in the appeal have been found by the city planner and are supported by
8 substantial evidence. The planning commission may affirm, modify, or reverse the decision of
the city planner, and make such order supported by substantial evidence as it deems
9 appropriate, including remand to the city planner with directions for further proceedings. The
planning commission action on an appeal shall be final unless appealed to the city council,
10 pursuant to the provisions of Section 21.54.150.
11
12
13
14
15
15 SECTION CXII: That Section 21.58.030 of the Carlsbad Municipal Code is
28
SECTION CXI: That the list of sections in Chapter 21.58 of the Carisbad
Municipal Code is amended to read as follows:
21.58.010 Notice of violation for non-compliance with conditions.
21.58.020 Revocation of permits or variance.
21.58.030 Expiration of permits.
21.58.040 Extensions.
17 amended to read as follows:
lg 21.58.030 Expiration of permits.
Any permit or approval granted pursuant to this title becomes null and void if not
19 exercised within two years of the date of approval; however, permits or approvals which are
issued in conjunction with a tentative map or tentative parcel map, shall not expire sooner than
20 the approved tentative map or tentative parcel map. The permit or approval may be extended
pursuant to Section 21.58.040.
21 "
22
23 ,.
21.58.040 Extensions.
24 (a) This section shall apply to extensions of time that may be granted to permits or
approvals granted pursuant to this title.
25 (b) The city planner may administratively, without a public hearing or notice, extend
the time within which the right or privilege granted under a permit or approval is valid, subject to
26 the following:
(1) Prior to the expiration date of the permit or approval, the applicant shall submit a
27 written request for a time extension, along with payment of the application fee contained in the
SECTION CXlll: That Section 21.58.040 is added to the Carisbad Municipal
Code as follows:
-64- (ja 3
1 most recent fee schedule adopted by the city council.
(2) Provided the written request for a time extension is timely filed, the permit shall
2 be automatically extended until a decision to approve, conditionally approve or deny the request
is rendered; however, if a time extension is granted, it shall be based on the original approval
3 date.
(3) The city planner shall extend the permit or approval for an additional two years, if
4 the following findings are made:
(A) The permit or approval remains consistent with the general plan, all titles of this
5 code and growth management program policies and standards in place at the time the
extension is considered;
6 (B) Circumstances have not substantially changed since the permit or approval was
originally granted.
7 (C) The city planner may grant no more than three, two-year extensions, for a total
cumulative time extension of six years; except however, that any permit or approval issued in
8 conjunction with the approval of a tentative map or tentative parcel map shall be extended for
the same period of time that a tentative map or tentative parcel map may be extended pursuant
9 to Title 20 of this code.
(D) All project related permits or approvals, which were granted concurrently, shall
10 be extended to expire concurrently, provided all such permits are extended pursuant to the
provisions ofthis section.
11 (E) When granting an extension of a permit or approval, the city planner may impose
new conditions and may revise existing conditions.
12 (F) The city planner shall announce in writing, by letter, his/her decision to grant or
deny an extension of a permit or approval. A copy of the letter announcing the city planner's
13 decision shall be mailed to the applicant and/or the applicant's representative and to any person
who has filed a written request to receive such notice.
14
15
16
20
22
23
24
25
27
28
SECTION CXIV: That the list of sections in Chapter 21.70 of the Carisbad
Municipal Code is amended to read as follows:
Authority for adoption—Applicability.
1"^ 21.70.010 Application.
Fees and reimbursements.
Accounting requirements.
Notices and hearings.
19 21.70.050 Decision-making authority.
Findings of fact.
Reserved.
Reserved.
21 21.70.090 Reserved.
Reserved.
Irregularity in proceedings.
Amendment and cancellation of agreement by mutual consent.
Recordation.
Reserved.
Procedure for periodic review.
Modification or termination.
No damages on termination.
25 21.70.180 No vesting of rights.
.^r. Reservation of rights.
21 .70 005
21 .70 010
21 .70 020
21 .70 030
21 .70 040
21 .70 050
21 .70 060
21 .70 070
21 .70 080
21 .70 090
21 .70 100
21 .70 110
21 .70 120
21 .70 130
21 .70 140
21 .70 150
21 .70 160
21 .70 170
21 .70 180
21 .70 190
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1 SECTION CXV: That Sections 21.70.010 and 21.70.020 of the Carlsbad
2 Municipal Code are amended to read as follows:
3 21.70.010 Application.
A. An application for a development agreement may be made by any person having
4 a legal or equitable interest in real property for the development of the real property or by that
person's authorized agent. The application shall:
5 1. Be made in writing on a form provided by the city planner;
2. State fully the circumstances and conditions relied upon as grounds for the
6 application; and
3. Be accompanied by adequate plans, a legal description of the property involved
and all other materials as specified by the city planner.
4. Be accompanied by the form of development agreement agreeable to the city
planner and city attorney. The proposed agreement shall contain all the elements required by
Government Code Section 65865.2 and may include any other provisions permitted by law,
including requirements that the applicant provide sufficient security approved by the city
attorney to ensure provision of public facilities.
5. Be accompanied by a fiscal impact analysis, if the applicant claims that the
project will have an economic benefit to the city.
B. The city planner shall require an applicant or the applicant's authorized agent to
submit proof of interest in the real property and of the authority of the agent to act for the
applicant. Before processing the application, the city planner shall obtain the opinion of the city
attorney as to the sufficiency of the applicant's interest in the real property to enter into the
agreement.
7
9
10
11
12
13
14
21.70.020 Fees and reimbursements,
j^ A. At the time of filing the application, the applicant shall pay the application fee
contained in the most recent fee schedule adopted by the city council,
j^ 1. Nothing in this chapter shall relieve the applicant from the obligation to pay any
other fee for a city approval, permit or entitlement required by this code,
jy 2. The city may require the applicant to agree to pay the city's costs in negotiating,
preparing and processing the development agreement, including the fees and expenses of
Jg special counsel and any other consultants engaged by the city in connection with the
development agreement.
19 "
20
21
22
23
21.70.030 Accounting requirements.
24 A. For any development agreement entered into on or after January 1, 2004, the
city shall comply with Government Code Section 66006 et. seq., the Mitigation Fee Act, with
25 respect to any fee it receives or costs it recovers pursuant to this chapter.
B. The Mitigation Fee Act requires the city to deposit developer fees or costs
26 reimbursements collected associated with the development agreement into a separate capital
facilities account or fund and spend the money only for the purpose for which it was collected.
27 The city must provide an annual public report accounting for these funds.
SECTION CXVI: That Section 21.70.025 of the Carisbad Municipal Code is
repealed.
SECTION CXVll: That Sections 21.70.030 through 21.70.100 ofthe Carlsbad
Municipal Code are amended to read as follows:
28
-66-
1 21.70.040 Notices and hearings.
A. Notice of an application for a development agreement shall be given pursuant to
2 the provisions of section 21.54.060.A and 21.54.061 of this title.
3 21.70.050 Decision-making authority.
A. An application for a development agreement may be approved, modified or
4 denied by the city council based upon its review of the facts as set forth in the application, the
circumstances ofthe particular case, and evidence presented at the public hearing.
5 B. Prior to the city council's decision on a development agreement, the application
shall be processed as follows:
6 1. The city planner shall review the application and may reject it if it is incomplete or
inaccurate for processing. If he finds that the application is complete, he shall accept it for filing.
7 2. After the application is found to be complete, the city planner shall forward a copy
of the application and proposed agreement to the city attorney for review.
8 3. If the applicant claims that the project will have an economic benefit to the city,
the city planner shall fonA/ard a copy ofthe application, proposed agreement, and fiscal impact
9 analysis, to the finance director for review.
4. If the project is located within the coastal zone, the city shall forward copies of
10 any proposed development agreement to the California Coastal Commission for review and
invite comments as to its consistency with the certified local coastal program.
11 5. The city planner shall review the application and proposed agreement and shall
prepare a report and recommendation to the planning commission on the agreement; said
12 report shall include the recommendations of the city attorney and finance director.
6. The planning commission shall hear and consider the application and prepare a
13 recommendation and findings forthe city council, including the matters stated in Section
21.70.050 of this chapter.
14 c. The city council shall hear the matter and consider the findings and
recommendations ofthe planning commission.
15 D. The city council may approve the development agreement only if all the findings
of fact in Section 21.70.060 of this chapter are found to exist.
16 E. If the city council approves the development agreement, it shall adopt an
ordinance approving the agreement and directing the mayor to execute the agreement after the
1^ effective date of the ordinance on behalf of the city. Before execution, each agreement shall be
approved as to form by the city attorney.
18
21.70.060 Findings of fact.
19 A. The city council shall not approve a development agreement unless it finds that
the agreement:
20 1.1s consistent with the objectives, policies, general land uses and programs
specified in the general plan, the certified local coastal program and any applicable specific
plan;
2. Is compatible with the uses authorized in and the regulations prescribed for the
land use district in which the real property is located and all other provisions of Title 21 of this
code;
3. Is in conformity with public convenience, general welfare and good land-use
practices;
4. Will not be detrimental to the health, safety and general welfare;
5. Will not adversely affect the orderiy development of property or the preservation
of property values;
6. Is consistent with the provisions of Government Code Sections 65864—65869.5;
7. Where applicable, ensures provision of public facilities in a manner consistent
27 with the general plan;
8. When applicable, is consistent with the provisions of Title 20 of this code;
28
21
25
26
-67-
1 9. Will result in the provision of economic, environmental, recreational, cultural or
social benefits to the city which would not be attainable without approval of the agreement.
2
3
4
5
6
7
8
9
10
11
12
27
28
21.70.070 Reserved.
21.70.080 Reserved.
21.70.090 Reserved.
21.70.100 Reserved.
SECTION CXVIIl: That Section 21.70.140 of the Carlsbad Municipal Code is
amended to read as follows:
21.70.140 Reserved.
SECTION CXIX: That Section 21.70.160 of the Carisbad Municipal Code is
amended to read as follows:
21.70.160 Modification or termination.
A. A development agreement may be amended, or canceled in whole or in part, by
J 3 mutual consent of the parties to the agreement or their successors in interest.
B. Notice of intention to amend or cancel any portion of the agreement shall be
j4 given in the manner provided by Section 21.54.060.A of this title.
15 SECTION CXX: That Chapter 21.81 of the Carlsbad Municipal Code is
15 repealed.
17 SECTION CXXI: That the list of sections in Chapter 21.83 of the Carisbad
18 Municipal Code is amended to read as follows:
19 21.83.010 Purpose.
21.83.020 Definitions.
20 21.83.030 Exclusions.
21.83.040 Use chart.
21 21.83.050 Requirements for large family day care homes.
21.83.060 Child day care centers in the P-M and C-M zones.
22 21.83.070 Reserved.
21.83.080 Development standards for child day care centers.
23
24
25
SECTION CXXII: That Sections 21.83.040 through 21.83.070 of the Carisbad
Municipal Code are amended to read as follows:
21.83.040 Use Chart.
26 The following use chart indicates the zones where small and large family day care
homes and child day care centers are permitted, subject to the requirements of this chapter.
-68- fo^
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
"P" indicates that the use is permitted in the zone.
"LDCP" indicates that the use is permitted subject to approval of a large family day care permit,
processed in accordance with Section 21.83.050 of this chapter.
"MCUP" indicates that the use is permitted subject to approval of a minor conditional use permit
(process one) processed in accordance with Chapter 21.42 of this title.
"CUP" indicates that the use is permitted subject to approval of a conditional use permit
(process two) processed in accordance with Chapter 21.42 ofthis title.
•X' indicates that the use is prohibited in the zone.
Zoning
Small Family
Day Care Home
(8 or fewer children)
Large Family
Day Care Home
(14 or fewer children)
Child Day
Care Center
R-A, R-E, E-A P LDCP(1) X
R-1 P LDCP(1) X
R-2 P LDCP(I) X
R-3, RD-M, R-P P LDCP(I) MCUP(2)(3)
R-T, R-W, RMHP P LDCP(1) X
0 X X MCUP(2)(3)
H-O X X P(2)
C-F X X MCUP(2)(3)
C-1, C-2, C-L X X P(2)
P-M, C-M X X CUP(5)
M, P-U, O-S, L-C, T-C,
C-T X X X
V-R, P-C (4) LDCP(1)(4) (2)(3)(4)
(1) Permitted only when the large family day care home is located on a lot occupied
by a detached, single-family dwelling, subject to the provisions of Section 21.83.050 of this
chapter.
(2) Permitted subject to the provisions of Section 21.83.080 of this chapter.
(3) Child day care centers are allowed as a permitted use (no conditional use permit
or minor conditional use permit required) within existing buildings on developed church or
school sites, subject to the provisions of Section 21.83.080 of this chapter.
(4) Permitted subject to the standards of the controlling document (Carisbad Village
Master Plan and Design Manual or designated master plan).
(5) Permitted subject to the provisions of Section 21.83.060 and 21.83.080 of this
chapter.
21.83.050 Requirements for large family day care homes.
A. The applicant shall obtain all licenses and permits required by state law for
operation of the facility and shall keep all state licenses or permits valid and current.
B. Large family day care permit. No large family day care home shall operate
without first obtaining a large family day care permit issued by the city.
1. Application and fee.
a. An application for a large family day care permit may be made by the owner of
the property affected orthe authorized agent ofthe owner. The application shall:
i. Be made in writing on a form provided by the city planner;
ii. State fully the circumstances and conditions relied upon as grounds for the
application; and
-69-70
1 iii. Be accompanied by adequate plans, a legal description of the property involved
and all other materials as specified by the city planner.
2 iv. Applicants who reside on rented or leased property shall provide proof of written
notice to the landlord or owner of the property that they intend to operate a family day care
3 home on the rented or leased premises in accordance with Section 1597.40 of the California
Health and Safety Code.
4 b. At the time of filing the application, the applicant shall pay the application fee
contained in the most recent fee schedule adopted by the city council.
5 2. Decision-making authority.
a. The city planner shall approve the large family day care permit if the city planner
6 finds that the request complies with the requirements of this section.
3. Announcement of decision and findings of fact.
7 a. When a decision on a large family day care permit is made pursuant to this
chapter, the decision-making body shall announce its decision in writing in accordance with the
8 provisions of Section 21.54.120 of this title.
4. Effective date and appeals.
9 a. The decision of the city planner made pursuant to this section shall become
effective or may be appealed in accordance with Section 21.54.140 ofthis title.
10 5. Expiration, extensions and amendments.
a. The expiration period for a large family day care permit shall be as specified in
11 Section 21.58.030 ofthis title.
b. A large family day care permit may be extended pursuant to Section 21.58.040 of
12 this title.
c. A large family day care permit may be amended pursuant to Section 21.58.124 of
13 this title.
C. Development Standards.
14 1. The facility shall comply with all zoning standards otherwise applicable to other
single-family residences, however, the use of a detached, single-family dwelling for the
15 purposes of this section shall not constitute a change of occupancy for purposes of Title 18 of
this code.
16 2. The facility shall comply with all standards relating to fire and life safety
applicable to single-family residences established by the State Fire Marshal contained in Title
24 of the California Code of Regulations as amended from time to time.
3. The subject site shall not be located closer than one thousand two hundred lineal
feet from any other large family day care home on the same street.
4. An outdoor play area which satisfies the requirements of the state, community
care licensing division shall be provided in the rear yard and shall be enclosed by a natural
barrier, wall, solid fence, or other solid structure a minimum of five feet in height. The provider
shall ensure that outdoor play times do not begin until after nine a.m. and end before five p.m.
2 J The provider shall stagger the number of children playing outdoors at any one time to reduce
noise impacts on surrounding residences.
22 5. All outdoor play areas shall be adequately separated from vehicular circulation
and parking areas by a strong fence such as chain link, wood or masonry.
23 6. Required garages shall be prohibited for use as a family day care home and shall
be utilized for parking two of the applicant's onsite vehicles during the daily operation of the day
24 care home rather than parking the vehicles on the street or in the driveway.
7. The applicant shall designate the onsite driveway as the official drop-off and pick-
up area for children and shall notify parents of this requirement. Said driveway shall remain free
and clear of parked cars.
25 8. The applicant shall require that employees park in locations which will not
inconvenience nearby residents. To disrupt the neighborhood as little as possible, best efforts
27 shall be made by the applicant to require employees to park as close as possible to the family
day care home.
28 ^ I
-70- 7/V
17
18
19
1 „
21.83.060 Child day care centers in the P-M and C-M zones.
2 A. Child day care centers are permitted in the P-M and C-M zones with a conditional
use permit (process two) processed in accordance with Chapter 21.42 ofthis title, and subject
3 to Section 21.83.080 of this chapter and the following provisions:
1. The applicant shall conduct an evaluation of the health and safety risks
4 associated with the proposed child day care center. The evaluation shall include a survey of all
businesses within one thousand feet of the proposed child day care center to determine the
5 nature and quantity of hazardous materials in use nearby. Ifthe conditional use permit is
granted, thereafter, the provider shall conduct similar annual evaluations and disclose results to
6 the fire chief and city planner. The evaluations must demonstrate to the satisfaction of the fire
chief and city planner thatthe occurrence of the following within one thousand feet of the child
7 care center presents no significant health or safety risks to the occupants:
a. Use or storage of acutely hazardous materials in amounts above the threshold
planning quantities (TPQs);
b. Use or storage of more than ten thousand gallons of flammable liquids; or
9 c. Use or storage of more than one thousand five hundred pounds of flammable
compressed gas.
10 2. Prior to enrollment of the child in the child day care center, the provider shall, in
writing, inform the child's parents that their child(ren) may be subject to health and safety risks
11 due to the presence, use and discharge of hazardous materials (including acutely hazardous
materials above the TPQs) in the area. Parents shall also be informed that the provider may be
12 required to retain custody of their children for extended time periods during an emergency.
3. Prior to occupancy, the provider shall prepare and obtain approval by the fire
13 chief of an emergency operating plan which prescribes procedures to be followed during the
existence ofthe child day care center which ensure the following:
14 a. That children can be evacuated from the building within five minutes and
relocated to a predetermined refuge area(s) within ten minutes of emergency notification; and
15 b. Quarterly exercise of the plan.
4. The applicant shall enter into an agreement with the city to discontinue operation
16 of the child day care center immediately upon the discovery of the existence of hazardous
materials as described in Section 21.83.060A.1.a above when such materials are found by the
1^ fire chief and city planner to present a health and safety risk to children attending the child day
care center. The applicant shall have ninety days to mitigate, to the satisfaction of the fire chief,
° the impacts created by the use of said hazardous materials. If impacts are not mitigated within
ninety days, the conditional use permit for the child day care center shall become null and void.
The applicant shall agree to indemnify and hold the city and its officers, employees, and agents
free and harmless from any claims, actions, damages, costs, or expenses arising from exposure
of children to hazardous substances as a result of the presence of the former in or near the child
day care center. The fire chief or city planner are authorized to enter into the agreement on
behalf of the city.
5. The applicant shall submit a conversion plan at the time of application which
demonstrates to the satisfaction of the city planner and the fire chief that the child day care
23 center could be converted to a use permitted within the zone if the conditional use as a child day
care center is discontinued.
24 6. Upon acceptance of a complete application and payment of the required fees,
the city planner shall process the application in accordance with Chapter 21.54 ofthis title
except that notices shall be given to all property owners within one thousand feet of the subject
property.
19
20
21
26
27
28
21.83.070 Reserved.
-71- 7a
Table A
1 SECTION CXXlll: That Section 21.84.040 of the Carisbad Municipal Code is
2 amended to read as follows:
3 21.84.040 Use table.
A. Housing for senior citizens is permitted subject to the approval of a minor site
4 development plan (MSDP) or site development plan (SDP) in certain zones as indicated in the
following table:
5
6
7
8
9
10
11 ^
Housing for senior citizens with four units or less shall be subject to the approval of a minor
12 site development plan, and housing for senior citizens with five units or more shall be subject to
the approval of a site development plan.
13 ^ The city may approve a minor site development plan or site development plan for housing for
senior citizens on property in the R-P zone where the general plan applicable to such property
14 permits residential uses.
^ May be permitted subject to the standards of the controlling document (i.e., in V-R zone
15 Carisbad Village Master Plan and Design Manual, and in P-C zone - applicable master plan)
and the provisions of this chapter.
16 "
17
18
Zone Housing for Senior Citizens
R-3 MSDP/SDP'
R-P MSDP/SDP^''
R-T MSDP/SDP'
R-W MSDP/SDP'
RD-M MSDP/SDP'
V-R See note 3, below
P-C See note 3, below
Note: Housing for Senior Citizens is prohibited in those zones not indicated.
SECTION CXXIV: That Sections 21.84.080 and 21.84.090 of the Carlsbad
Municipal Code are amended to read as follows:
21.84.080 Application process.
19 A. Preliminary Review Application. A preliminary review application may be
submitted prior to the submittal of a formal application (note: if the project includes a request for
20 a density bonus, a preliminary review application is required).
1. The preliminary review application shall include the following information:
21 a. A brief description of the proposal including the total number of senior units,
density bonus units and affordable senior units proposed;
22 b. The general plan and zoning designations and assessor's parcel number(s) of
the project site;
23 c. A site plan, drawn to scale, which includes: building footprints, driveway and
parking layout, existing contours and proposed grading; and
24 d. A letter identifying what specific incentives (i.e., density bonus, standards
modifications or financial incentives) are being requested of the city, if any.
25 2. After review of the preliminary application, the planning division shall provide to
an applicant a letter identifying project issues of concern to staff, and the incentives or
26 assistance that the city planner can support when making a recommendation to the final
decision-making authority.
27 B. Formal Application. Except as othenA/ise provided in this chapter, a minor site
28 -72-73
1 development plan or site development plan for housing for senior citizens shall be processed in
accordance with the provisions of Chapter 21.06 ofthis title, excluding Section 21.06.020.B. The
2 findings for approval of a minor site development plan or site development plan for housing for
senior citizens are specified in Section 21.84.090 of this chapter.
3 1. In addition to the application requirements specified in Chapter 21.06, a minor
site development plan or site development plan application for housing for senior citizens shall
4 include the following information:
a. If a density bonus or other incentives are requested, a letter shall be submitted
5 signed by the present owner stating how the project will comply with Government Code Section
65915 and stating what is being requested from the city, (i.e., density bonus, modification of
6 development standards or other additional incentives);
b. A detailed vicinity map showing the project location and such details as the
7 nearest market, transit stop, park or recreation center, medical facilities or other related uses
and services likely to be patronized by senior citizens;
8 c. A set of floor plans for each different type of unit indicating a typically furnished
apartment, with dimensions of doorways, hallways, closets and cabinets;
9 d. A floor plan of the first floor or other floor showing any common areas and
accommodations;
10 e. A monitoring and maintenance plan; and
2. The decision-making authority for the minor site development plan or site
11 development plan shall be as specified in Chapter 21.06 of this title, unless the project involves
a request for financial incentives from the city. If financial incentives are requested, the city
12 council shall have the authority to approve, conditionally approve or deny:
a. The minor site development plan or site development plan, upon a
13 recommendation from the planning commission, and
b. The request for financial incentives, upon a recommendation from the housing
commission.
C. Building permit. At the time of plan submittal for building permits, in addition to
15 other required information, the applicant shall submit a set of detailed drawings for kitchens and
bathrooms indicating counter and cabinet heights and depth, type of pulls, faucets, grab-bars,
16 tub and/or shower dimensions, and handicapped turn space where appropriate.
14
1^ 21.84.090 Findings for approval
18
19
20
21
A. A minor site development plan or site development plan for housing for senior
citizens shall be approved only ifthe following findings are made:
1. The project is consistent with the various goals, objectives, policies and
programs ofthe general plan, the provisions of municipal code title 21 (zoning ordinance), the
local coastal program (if applicable), and/or the provisions of an applicable master or specific
plan;
2. The project site is adequate in size and shape to accommodate the proposed
22 project;
3. The project is properiy related to and will not adversely impact the site,
23 surroundings and environmental settings, and will not be detrimental to existing uses specifically
permitted in the area in which the proposed project is to be located;
24 4. The project shall not result in density or design that is incompatible with other
land uses in the immediate vicinity, and the project will provide and maintain all yards, setbacks,
25 walls, fences, landscaping, and other features determined necessary to provide compatibility
with existing or permitted future uses in the neighborhood;
25 5. The street system serving the proposed project is adequate to properiy handle all
traffic generated by the project; and
27
28
-73-
1 6. The request for a density bonus and/or additional incentive(s) is consistent with
the provisions of Chapter 21.86 ofthis code. (This finding shall only apply to projects requesting
2 a density bonus and/or additional incentives).
3 SECTION CXXV: That Section 21.90.050(c) of the Carisbad Municipal Code
4 is amended to read as follows:
5 (c) The amount of the fee for a local facilities management zone shall be set by city
council resolution after a public hearing, published notice ofwhich shall be given according to
6 Section 21.54.060.A.2 and Government Code Section 54992.
SECTION CXXVI: That Section 21.90.100(c) ofthe Carlsbad Municipal Code
is amended to read as follows:
7
8
Q
(c) The zones shall be established by resolution after a public hearing notice of
JQ which is given pursuant to Section 21.54.060.A.2 of this code
J J SECTION CXXVll: That Section 21.90.125(a) ofthe Carlsbad Municipal Code
12 is amended to read as follows:
13 (a) Facilities management plans shall be reviewed according to the following
procedure:
14 (1) A completed facilities management plan complying with this chapter, and
accompanied by a processing fee submitted to the planning director for processing. If the
15 planning director determines that the plan complies with the provisions of Section 21.90.110 the
director shall set a facilities management plan for public hearing before the planning
16 commission within sixty days of receipt of a complete application.
(2) The hearing shall be noticed according to the provisions of Section
17 21.54.060.A.2. A staff report containing recommendation on the plan shall be prepared and
furnished to the public, the applicant, and the planning commission priorto the hearing.
18 (3) The planning commission shall hear and consider the application for a facilities
management plan and shall by resolution prepare recommendations and findings for the city
19 council. The action of the commission shall be filed with the city clerk, and a copy shall be
mailed to the owners within the facility zone.
20 (4) When the planning commission action is filed with the city clerk, the clerk shall
set the matter for public hearing before the city council. The hearing shall be noticed according
21 to the provisions of Section 21.54.060.A.2.
(5) The city council shall hear the matter, and after considering the findings and
22 recommendations of the planning commission, may approve, conditionally approve or deny a
facilities management plan. The city council may include in the resolution adopting the facilities
23 management plan any fees or facilities improvement requirements which it deems necessary to
impose on development projects within the zone in order to implement the city-wide facilities
24 and improvement plan and the local facilities management plan.
25 SECTION CXXVIII: That Chapter 21.95 of the Carisbad Municipal Code is
26 amended to read as follows:
27 CHAPTER 21.95
28 -74- 7'5
1 HILLSIDE DEVELOPMENT REGULATIONS
2 „
Purpose and intent.
3 21.95.020 Definitions.
Applicability of minor hillside development permit and hillside development
4 permit.
Exemptions from minor hillside development permit and hillside development
5 permit.
Application and fees.
6 21.95.060 Notices and hearings.
Decision-making authority.
7 21.95.080 Required findings.
Announcement of decision and findings of fact.
Effective date and appeals.
Expiration, extensions and amendments.
9 21.95.120 Minimum development of hillside lands.
Hillside mapping procedures.
10 21.95.140 Hillside development and design standards.
Exclusions.
11 21.95.160 Modifications to the development and design standards.
12 21.95.010 Purpose and intent.
The purposes and intent of this chapter are to:
13 A. Implement the goals and objectives of the land use and open space/conservation
elements ofthe Carlsbad general plan;
14 B. Assure hillside conditions are properiy identified and incorporated into the
planning process;
15 c. Preserve and/or enhance the aesthetic qualities of nature hillsides and
manufactured slopes by designing projects which relate to the slope ofthe land, minimizing the
16 amount of project grading, and incorporating contour grading into manufactured slopes which
are located in highly visible public locations;
17 D. Assure that the alteration of natural hillsides will be done in an environmentally
sensitive manner whereby lagoons and riparian ecosystems will be protected from increased
erosion and no substantial impacts to natural resource areas, wildlife habitats or native
vegetation areas will occur.
18
19
21
23
24
21.95.020 Definitions.
20 The following definitions are established:
A. Whenever the following terms are used in this chapter, they shall have the
meaning established by this section:
1. "Collector street" means any street with a minimum right-of-way width of sixty
feet which intersects with a circulation element road and provides either primary or secondary
access to a residential or nonresidential project.
2. "Contour grading" means a grading concept designed to result in earth forms
which resemble natural terrain characteristics. Horizontal and vertical curve variations should be
used for slope banks.
25 3. "Development" means grade, erect or construct.
4. "Downhill perimeter slope" means a slope located between a pad or gently
25 sloping area (gradient is less than ten percent) of a single lot and the property line that is at a
lower level than the pad or gently sloping area of the lot.
2y 5. "Grade" means to excavate or fill or any combination thereof.
28 •75- 7 b
1 6. "Manufactured slope" means a man-made slope consisting wholly or partially of
either cut or fill material.
2 7. "Natural slope" means a slope which is not manufactured.
8. "Project" means any proposal for "development."
3 9. "Slope" means ground that forms a natural or artificial incline.
10. "Total graded area" means all areas of project grading (both on-site and off-site)
4 which are necessary to enable the achievement of the project.
11. "Uphill perimeter slope" means a slope located between the pad or gently sloping
5 area (gradient is less than ten percent) of a single lot and a property line located at a higher
level than the pad or gently sloping area of the lot.
6
21.95.030 Applicability of minor hillside development permit and hillside development
7 permit.
A. Unless exempt pursuant to Section 21.95.040 of this chapter, no person shall
8 grade, or erect, or construct into or on top of a slope which has a gradient of fifteen percent or
more and an elevation differential greater than fifteen feet without first obtaining a minor hillside
9 development permit or hillside development permit pursuant to this chapter.
10 B. A minor hillside development permit shall be required, except as specified in
subsection C of this section.
11
C. A hillside development permit shall be required if the permit application is
12 processed concurrently with any other permit(s) for which the Planning Commission or City
Council is the decision-making authority.
21.95.040 Exemptions from minor hillside development permit and hillside development
14 permit.
A. The following developments are exempt from the requirement to obtain a minor
15 hillside development permit or hillside development permit, provided that the development
complies with Section 21.95.140 of this chapter and the city's hillside development and design
16 guidelines:
1. The development of one single-family dwelling unit on a residentially zoned lot;
17 2. On a single lot, the additional development (i.e.; regrading, slope alteration or
building encroachment) of or upon any manufactured slope with a gradient of forty percent or
greater and an elevational difference (height) of fifteen feet or greater which has been
previously graded consistent with an authorized grading permit;
3. The development (trenching, utility construction and backfilling) of underground
utility systems.
B. Any development exempted by 21.95.040.A above, which does not comply with
Section 21.95.140 and the city's hillside development guidelines, must submit an application for
a hillside development permit or hillside development permit amendment in order to obtain an
22 exclusion from or modification to the development and design standards pursuant to this
chapter.
23
21.95.050 Application and fees.
24 A. An application for a minor hillside development permit or hillside development
permit may be made by the owner of the property affected or the authorized agent of the owner.
25 The application shall:
1. Be made in writing on a form provided by the city planner;
25 2. State fully the circumstances and conditions relied upon as grounds for the
application; and
2y 3. Be accompanied by:
a. A legal description of the property involved.
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1 b. Adequate plans that allow for detailed review pursuant to this chapter and
demonstrate compliance with the hillside mapping procedures in Section 21.95.130.
2 c. All other materials as specified by the city planner.
B. At the time of filing the application, the applicant shall pay the application fee
3 contained in the most recent fee schedule adopted by the city council.
4 21.95.060 Notices and hearings.
A. Notice of an application for a minor hillside development permit shall be given
5 pursuant to the provisions of Sections 21.54.060.B and 21.54.061 of this title.
B. Notice of an application for a hillside development permit shall be given pursuant
6 to the provisions of Sections 21.54.060.A and 21.54.061 of this title.
7 21.95.070 Decision-making authority.
A. Applications for minor hillside development permits and hillside development
permits shall be acted upon in accordance with the following:
1. Minor hillside development permit.
9 a. An application for a minor hillside development permit may be approved,
conditionally approved or denied by the city planner based upon his/her review of the facts as
10 set forth in the application, of the circumstances of the particular case, and evidence presented
at the administrative hearing, if one is conducted pursuant to the provisions of Section
11 21.54.060.B.2 ofthis title.
b. The city planner may approve or conditionally approve the minor hillside
12 development permit if all of the findings of fact in Section 21.95.080 of this chapter are found to
exist.
13 2. Hillside development permit
a. An application for a hillside development permit may be approved, conditionally
14 approved or denied by the planning commission or city council, as specified in Section
21.54.040 ofthis title.
15 b. The decision on a hillside development permit shall be based upon the decision-
making authority's review of the facts as set forth in the application, of the circumstances of the
16 particular case, and evidence presented at the public hearing.
c. The decision-making authority shall hear the matter, and may approve or
17 conditionally approve the hillside development permit if all of the findings of fact in Section
21.95.080 of this title are found to exist. 18
21.95.080 Required findings.
19 A. No minor hillside development permit or hillside development permit shall be
approved unless the decision-making authority finds that:
1. Undevelopable areas of the project, pursuant to Section 21.53.230(b) of this
code, have been properiy identified;
2. The project complies with the purpose and intent provisions of Section 21.95.010
of this chapter;
3. The project complies with Section 21.95.140 ofthis chapter and Section
^3 21.95.160 if a modification to the development and design standards is approved;
4. The project design substantially conforms to the hillside development guidelines
20
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manual.
25 21.95.090 Announcement of decision and findings of fact.
A. When a decision on a minor hillside development permit or hillside development
25 permit is made pursuant to this chapter, the decision-making body shall announce its decision in
writing in accordance with the provisions of Section 21.54.120 ofthis title.
21.95.100 Effective date and appeals.
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1 A. Decisions on minor hillside development permits and hillside development
permits shall become effective unless appealed in accordance with the applicable provisions of
2 Sections 21.54.140 and 21.54.150 ofthis title.
3 21.95.110 Expiration, extensions and amendments.
A. The expiration period for an approved minor hillside development permit or
4 hillside development permit shall be as specified in Section 21.58.030 of this title.
B. The expiration period for an approved minor hillside development permit or
5 hillside development permit may be extended pursuant to Section 21.58.040 of this title.
C. An approved minor hillside development permit or hillside development permit
6 may be amended pursuant to the provisions of Section 21.54.125 of this title.
1. Unless exempted by Section 21.95.040, an amendment to a minor hillside
7 development permit or hillside development permit shall be required for any portion of a project
which has a minor hillside development permit or hillside development permit that is proposed
8 for redesign and otherwise requires a minor hillside development permit or hillside development
permit per Section 21.95.030.
9
21.95.120 Minimum development of hillside lands.
10 The provisions of this chapter shall be applied so as to:
A. Not preclude a reasonable use of a legal parcel which includes hillside conditions
11 as regulated by this chapter;
B. Not preclude the efficient and safe provision of public facilities or services to any
12 legal parcel; and
C. Allow development of at least one single-family dwelling unit per parcel described
13 in subsection (A) of this section.
14 21.95.130 Hillside mapping procedures.
A slope analysis and slope profiles shall be illustrated on a constraints map, and shall
15 accompany all development submittals which propose grading or development of slopes which
have a gradient of fifteen percent or more and have an elevation differential greater than fifteen
feet.
A. Slope Analysis. The slope analysis shall identify the acreage of all natural and
17 manufactured slopes within each of the following slope categories.
1. 0 — less than 15% slopes
1^ 2. 15 —less than 25% slopes
3. 25 — 40% slopes and
4. Slopes greater than 40%
5. Percentage of slope is determined by:
16
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20
21
22
Vertical Distance
(Contour interval) x 100 = % Slope
Horizontal Distance
(Distance between
23 contour intervals)
24 B. Slope Profiles. A minimum of three slope profiles (slope cross sections) shall be
included with the submittal of the slope analysis on the constraints map. Slope profiles shall:
25 1. Be drawn at the same scale and indexed or keyed to the constraints map,
grading or preliminary grading plan and project site map;
25 2. Show both existing and proposed topography, structures and surface
infrastructure. Proposed topography, structures and infrastructure shall be drawn with a solid
27 heavy line. Existing topography, structures and infrastructure shall be drawn with a thin or
dashed line;
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1 3. Include the slope profile for at least one hundred feet outside of the project site
boundary or adjacent public street;
2 4. Be drawn along those locations of the project site where:
a. The greatest alteration of the existing topography is proposed,
3 b. The most intense or bulky development is proposed, and
c. The site is most visible from surrounding land uses;
4 5. Two of the slope profiles shall be roughly parallel to each other and roughly
perpendicular to existing contour lines. The remaining slope profile shall be roughly at a forty-
5 five degree angle to the other slope profiles and existing contour lines.
C. Assurance of Accurate Hillside Mapping. Both the slope analysis and slope
6 profiles shall be stamped and signed by either a registered landscape architect, civil engineer or
land surveyor indicating the datum, source and scale of topographic data used in the slope
7 analysis and slope profiles, and attesting to the fact that the slope analysis and slope profiles
have been accurately calculated and identified, consistent with this section.
8 D. Development which is exempt per Section 21.95.040 or excluded per Section
21.95.150 is generally exempt from the hillside mapping requirements of this section except in
9 cases where the city planner determines that hillside mapping is necessary to assess project
compliance with the hillside ordinance.
10
21.95.140 Hillside development and design standards.
11 The provisions of this section shall apply to all projects that propose to grade, erect or
construct into or on top of a natural slope or manufactured slope which has a gradient of fifteen
12 percent or more and an elevation differential greater than fifteen feet.
A. Coastal Zone Hillside Development Regulations.
13 1. All development on natural slopes of twenty-five percent or greater within the
coastal zone shall comply with the requirements of Chapters 21.38 and 21.203 of the Carisbad
14 Municipal Code and the slope protection policies of the applicable local coastal program
segment. Additionally, all hillside development processed pursuant to this chapter shall be
15 consistent with all applicable provisions and policies of the certified local coastal program(s) and
shall not result in significant adverse impacts to coastal resources. Within the coastal zone, in
16 case of conflict between this section and any other provision of Chapter 21.95, Hillside
Development Regulations, this section shall apply.
17 B. Development of Natural Slopes of Over Forty Percent Gradient.
1. Natural slopes which have all of the following characteristics shall be
1^ undevelopable:
a. A gradient of greater than forty percent; and
19 b. An elevation differential of greater than fifteen feet; and
c. A minimum area of ten thousand square feet; and
20 d. The slope comprises a prominent land form feature.
2. Outside the coastal zone, projects which propose the development of natural
slopes defined in Section 21.95.140(B)(1) shall nevertheless be allowed, only ifthe project
qualifies as an exclusion or obtains a modification, pursuant to Sections 21.95.150 and
21.95.160, respectively.
C. Development of Manufactured Slopes of Over Forty Percent Gradient.
1. Manufactured slopes which have a gradient of greater than forty percent and an
24 elevation differential of greater than fifteen feet shall be subject to the following development
standards.
25 a. Development of Uphill Perimeter Slopes.
(i) The following types of development on or into an uphill perimeter manufactured
25 slope shall be limited to a maximum of six vertical feet as measured from the existing grade at
the toe of slope:
27 (A) Main building(s);
(B) Accessory buildings; and
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1 (C) Retaining walls,
(ii) Decks may be constructed upon an uphill perimeter manufactured slope up to
2 the required building setback(s) of the underiying zone.
b. Development of Downhill Perimeter Slopes.
3 (i) For nonresidential projects only, the following types of development over a
downhill perimeter manufactured slope shall be limited to a maximum of six vertical feet as
4 measured from the existing grade at the top slope:
(A) Decks; and
5 (B) Retaining walls.
(ii) Deck surface areas shall be allowed to extend to the same point that a six-foot
6 vertical retaining wall would be permitted.
(iii) No main or accessory building may encroach over the top/edge of a Downhill
7 Perimeter Slope.
c. The manufactured slope standards, within this section do not apply to
manufactured slopes which are not located along perimeter property lines (including intervening
manufactured slopes between split level pads which are located on a single lot).
9 D. Volume of Grading.
1. The volume of earth moved for cuts and fills shall be minimized.
10 2. The relative acceptability of hillside grading volume shall be determined by the
following:
11
12
13
14
15 „
3. The methodology for determining the volumes of both the cut and fill in cubic
16 yards shall be calculated as follows. A grading and preliminary grading plan shall be prepared
and shall include: the cut or fill volumes noted for each particular cut or fill and the total volume
17 of cut and fill for the project. The larger volume of the total cut or total fill volumes divided by the
total graded area (in acres) shall equal the volume of hillside grading forthe project.
4. Applications proposing grading volumes which are potentially acceptable (eight
thousand to ten thousand cubic yards/acre of cut or fill) shall, on the preliminary grading plan,
submit for review specific written findings justifying the reasons for the amount of grading,
subject to the approval of the city planner and city engineer.
20 5 Applications proposing grading volumes which are unacceptable (greater than
ten thousand cubic yards/acre of cut or fill) shall be allowed only if they qualify as an exclusion
or modification pursuantto Sections 21.95.150 and 21.95.160 ofthis chapter respectively.
E. Slope Height.
1. Manufactured slopes shall not be greater than forty feet in height.
2. Slope Height Exclusions. See Section 21.95.150 of this chapter.
F. Contour Grading.
1. All manufactured slopes which are greater than twenty feet in height and two
hundred feet in length and which are located adjacent to or are substantially visible from a
circulation element road, collector street or useable public open space area shall be contour
graded.
25 2. Contour graded slopes that are developed in nonresidential projects shall be
designed to vary slope gradients between fifty percent (2:1 slope ratio) and thirty-three percent
27 (3:1 slope ratio).
G. Screening Manufactured Slopes.
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Cubic Yards of Cut or Fill Grading per Acre of Cut and
Fill Area (in acres)
Relative Sensitivity of Hillside
Grading Volume
0 - 7,999 cubic yards/acre Acceptable
8,000 - 10,000 cubic yards/acre Potentially acceptable
> 10,000 cubic yards/acre Unacceptable
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1 1. All manufactured slopes shall be landscaped consistent with the city's landscape
manual.
2 H. Hillside and Hilltop Architecture.
1. Hillside and hilltop structures shall be consistent with the architectural guidelines
3 included within the city's hillside development guidelines.
1. Slope Edge Building Setbacks (pursuant to this chapter).
4 1. Slope edge building setbacks shall be sufficient to eliminate or significantly
reduce views of vertical building forms which would be visually incompatible with hillside
5 landforms. Notwithstanding the building setback requirements of the underiying zone, all main
and accessory buildings that are developed on hilltops and/or pads created on downhill
6 perimeter slopes of greater than fifteen feet in height shall be setback so that the building does
not intrude into a .7 foot horizontal to one foot vertical imaginary diagonal plane that is
7 measured from the edge of slope to the building. For all buildings which are subject to this slope
edge building setback standard, a profile ofthe diagonal plane shall be submitted with all other
8 development application requirements.
2. Building setbacks pursuant to this chapter do not apply to:
9 a. Slopes which are less than fifteen feet in height;
b. The intervening slopes of split-level pads which are located on a single lot, but do
10 apply to the edge of slope of the lowest pad;
c. Downhill slopes which are located along the sideyards of residential lots; and
11 d. Substandard residential lots where the top/edge of slope setback standards
would preclude a reasonable use of the property.
12 3. If a downhill perimeter slope is regraded (filled) consistent with Section
21.95.140(C) ofthis chapter, and a vertical retaining structure is used, then the required building
13 setback shall be measured from the edge of slope which existed prior to regrading (filling).
4. Fencing proposed along a slope edge should be of an open design which does
14 not visually extend the height of the slope. Exceptions to this may include, but are not limited to,
noise attenuation walls, privacy walls or security walls.
15 J. Roadway Design.
1. Hillside roadway design shall be consistent with the city's hillside development
16 guidelines manual.
K. Hillside Drainage.
17 1. Hillside drainage shall be consistent with the city's hillside development
1:
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guidelines.
21.95.150 Exclusions.
1^ A. Outside the coastal zone, the following are excluded from the hillside
development and design standards of Section 21.95.140:
20 1 Hillside areas where a circulation element roadway or a collector street must be
located provided that the proposed alignment(s) are environmentally preferred and comply with
all other city standards.
2. Grading volumes, slope heights and graded areas which are directly associated
with circulation element roadways or collector streets, provided that the proposed alignment(s)
^3 are environmentally preferred and comply with all other city standards.
3. Hillside areas that have unusual geotechnical or soil conditions that necessitate
24 corrective work that may require significant amounts of or grading.
B. Within the coastal zone, grading for construction of circulation element roadways
25 are excluded from Sections 21.38.141(C)(1)(a) and 21.203-.040(A)(1) ofthe municipal code.
25 21.95.160 Modifications to the development and design standards.
A. Outside the coastal zone, the decision-making body or official may approve a
27 modification to the hillside development and design standards of Section 21.95.140 if it finds
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1 that the proposed development complies with the purpose and intent provisions of Section
21.95.010 and makes one or more ofthe following findings:
2 1. The proposed modification will result in significantly more open space or
undisturbed area than would a strict adherence to the requirements of Section 21.95.140.
3 2. The proposed modification will result in the development of manufactured slopes
which are more aesthetically pleasing and natural appearing than would a strict adherence to
4 the requirements of Section 21.95.140.
3. The proposed modifications will result in the preservation of natural habitat as
5 required by the city's habitat management plan and the required amount of preservation could
not be achieved by strict adherence to the requirements of Section 21.95.140 ofthis chapter.
6 B. Any request for a modification to the development and design standards of this
chapter shall be accompanied by two preliminary grading plans. One plan shall illustrate how a
7 site would be developed with a strict adherence to the requirements of Section 21.95.140. The
second set shall illustrate the extent and type of the requested modification. This plan shall also
8 be accompanied by any other documentation needed by the decision-making body to determine
that the proposed modifications will result in a superior project with less adverse environmental
9 impacts.
C. If a modification is proposed to allow grading in excess of ten thousand cubic
10 yards/acre of cut or fill, or a manufactured slope in excess of forty feet in height, the applicant
shall submit both written and graphic exhibits to justify the proposed grading to the satisfaction
11 of the decision-making body or official. In addition, a detailed mitigation and landscaping plan
shall be submitted as part ofthe application. This plan shall illustrate the mitigation measures
12 and landscaping utilized to screen the proposed grading.
D. Development on land designated for nonresidential development shall comply
13 with all requirements ofthis chapter except Sections 21.95.140(D) and 21.95.140(E). Any
nonresidential project proposing grading in excess of ten thousand cubic yards per acre or
14 creating slopes in excess of forty feet in height shall provide both written and graphic exhibits to
justify the proposed grading to the satisfaction of the decision-making body.
15 E. Inside the coastal zone, the decision-making body or official may approve
encroachments to slopes of twenty-five percent grade and over in order to preserve natural
16 habitats required by the city's habitat management plan, in accordance with Chapter 21.203 of
the municipal code, provided that the required amount of preservation could not be achieved by
17 strict adherence to the requirements of Sections 21.95.140(A) and (B) ofthis chapter.
18
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SECTION CXXIX: That the list of sections in Chapter 21.110 of the Carisbad
Municipal Code is amended to read as follows:
21.110.010 Statutory authorization.
21.110.020 Reserved.
21.110.030 Statement of purpose.
22 21.110.040 Methods of reducing flood losses.
21.110.050 Definitions.
23 21.110.060 Lands to which this chapter applies.
21.110.070 Basis for establishing the areas of special flood hazard.
24 21.110.080 Compliance.
21.110.090 Abrogation and greater regulations.
25 21.110.100 Interpretation.
21.110.110 Warning and disclaimer of liability.
25 21.110.120 Severability.
21.110.130 Designation of floodplain administrator.
27 21.110.140 Duties and responsibilities of the floodplain administrator.
21.110.150 Special use permit.
28 " -82- S3
1 21.110.160 Standards of construction.
21.110.170 Standards for utilities.
2 21.110.180 Standards for subdivisions.
21.110.190 Standards for manufactured homes.
3 20.110.195 Standards for recreational vehicles.
21.110.200 Floodways.
4 21.110.210 Coastal high hazard areas.
21.110.220 Mudslide (i.e., mudflow) prone areas.
5 21.110.230 Flood-related erosion-prone areas.
21.110.240 Variances.
6 "
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SECTION CXXX: That Section 21.110.050 of the Carisbad Municipal Code is
amended to read as follows:
21.110.050 Definitions.
A. For the purposes of this chapter, the following words and phrases have the
10 meaning respectively ascribed to them by this section:
1. "Area of shallow flooding" means a designated AO, AH or VO zone on the Flood
11 Insurance Rate Map (FIRM). The base flood depths range from one to three feet; a cleariy
defined channel does not exist; the path of flooding is unpredictable and indeterminate; and
12 velocity flow may be evident.
2. "Area of special flood-related erosion hazard" means the area subject to severe
13 flood related erosion losses. The area is designated as zone E on the Flood Insurance Rate
Map (FIRM).
14 3. Area of Special Flood Hazard. See "Special flood hazard area".
j5 4. "Area of special mudslide (i.e., mudflow) hazard" means the area subject to
severe mudslides (i.e., mudflows). The area is designated as zone M on the Flood Insurance
j5 Rate Map (FIRM).
5. "Base flood" means the flood having a one percent chance of being equaled or
17 exceeded in any given year (also called the one-hundred-year flood).
6. "Basement" means any area of the building having its floor subgrade (below
18 ground level) on all sides.
7. "Breakaway walls" means any type of walls, whether solid or lattice, and whether
19 constructed of concrete, masonry, wood, metal, plastic or any other suitable building material
which is not part ofthe structural support ofthe building and which is designed to break away
20 under abnormally high tides or wave action without causing any damage to the structural
integrity ofthe building on which they are used or any buildings to which they might be carried
21 by floodwaters. A breakaway wall shall have a safe design loading resistance of not less than
ten and no more than twenty pounds per square foot. Use of breakaway walls must be certified
22 by a registered engineer or architect and shall meet the following conditions:
a. Breakaway wall collapse shall result from a water load less than that which would
23 occur during the base flood; and
b. The elevated portion of the building shall not incur any structural damage due to
the effects of wind and water loads acting simultaneously in the event of the base flood.
25 8. "Coastal high hazard area" means the area subject to high velocity waters,
including coastal and tidal inundation or tsunamis. The area is designated on a Flood Insurance
25 Rate Map (FIRM) as zone V1-30, VE or V.
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12
1 9. "Development" means any manmade change to improved or unimproved real
estate including, but not limited to, buildings or other structures, mining, dredging, filling,
2 grading, paving, excavation or drilling operations.
10. "Existing manufactured home park or subdivision" means a manufactured home
3 park or subdivision for which the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the
4 construction of streets, and either final site grading or the pouring of concrete pads) is
completed before October 11, 1988.
5 11. "Expansion to an existing manufactured home park or subdivision" means the
preparation of additional sites by the construction of facilities for servicing the lots on which the
6 manufactured homes are to be affixed (including the installation of utilities, the construction of
streets, and either final site grading or the pouring of concrete pads).
7 12. "Flood" or "flooding" means a general and temporary condition of partial or
complete inundation of normally dry land areas due to:
^ a. The overflow of floodwaters,
b. The unusual and rapid accumulation or runoff of surface waters from any source,
9 and/or
c. The collapse or subsidence of land along the shore of a lake or other body of
1^ water as a result of erosion or undermining caused by waves or currents of water exceeding
anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body
of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash
flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which
results in flooding as defined in this definition.
j3 13. "Flood Boundary and Floodway Map" means the official map on which the
Federal Emergency Management Agency or Federal Insurance Administration has delineated
14 both the areas of flood hazard and the floodway.
14. "Flood Insurance Rate Map (FIRM)" means the official map on which the Federal
15 Emergency Management Agency or Federal Insurance Administration has delineated both the
areas of special flood hazards and the risk premium zones applicable to the community.
16 15. "Flood Insurance Study" means the official report provided by the Federal
Insurance Administration that includes flood profiles, the FIRM, the Flood Boundary and
17 Floodway Map, and the water surface elevation of the base flood.
16. "Floodplain" or "flood-prone area" means any land area susceptible to being
1 ^ inundated by water from any source. See definition of flooding.
JQ 17. "Floodplain management" means the operation of an overall program of
corrective and preventive measures of reducing flood damage including, but not limited to,
2Q emergency preparedness plans, flood control works and floodplain management regulations.
18. "Floodplain management regulations" means zoning chapters, subdivision
21 regulations, building codes, health regulations, special purpose chapters (such as floodplain
chapter, grading chapter and erosion control chapter) and other applications of police power.
22 The term describes such state or local regulations in any combination thereof, which provide
standards forthe purpose of flood damage prevention and reduction.
23 19. "Floodproofing" means any combination of structural and nonstructural additions,
changes or adjustments to structures which reduce or eliminate flood damage to real estate or
24 improved real property, water and sanitary facilities, structures and their contents.
20. "Floodway" means the channel of a river or other watercourse and the adjacent
25 land areas that must be reserved in order to discharge the base flood without cumulatively
increasing the water surface elevation more than one foot. Also referred to as "regulatory
26 floodway."
^y 21. "Functionally dependent use" means a use which cannot perform its intended
purpose unless it is located or carried out in close proximity to water. The term includes only
28 •84- 65
5
10
1 docking facilities, port facilities that are necessary for the loading and unloading of cargo or
passengers, and ship building and ship repair facilities, but does not include long-term storage
2 or related manufacturing facilities.
22. "Highest adjacent grade" means the highest natural elevation of the ground
3 surface prior to construction next to the proposed walls of a structure.
23. "Historic structure" means any structure that is:
4 a. Listed individually in the National Register of Historic Places (a listing
maintained by the Department of Interior) or preliminarily determined by the Secretary of the
Interior as meeting the requirements for individual listing on the National Register;
b. Certified or preliminarily determined by the Secretary of the Interior as
6 contributing to the historical significance of a registered historic district or a district preliminarily
determined by the Secretary to qualify as a registered historic district;
7 c. Individually listed on a state inventory of historic places in states with historic
preservation programs which have been approved by the Secretary of Interior; or
^ d. Individually listed on a local inventory of historic places in communities with
historic preservation programs that have been certified either by an approved state program as
9 determined by the Secretary of the Interior or directly by the Secretary of the Interior in states
without approved programs.
24. "Lowest floor" means the lowest floor of the lowest enclosed area, including
J J basement (see "Basement" definition).
a. An unfinished or flood-resistant enclosure below the lowest floor that is usable
j2 solely for parking of vehicles, building access or storage in an area other than a basement area,
is not considered a building's lowest floor provided it conforms to applicable non-elevation
j3 design requirements, including, but not limited to:
The anchoring standards in Section 21.110.160(1);
i. The construction materials and methods standards in Section 21.110.160(2);
ii. The wet flood proofing standard in Section 21.110.160(3); and
V. The standards for utilities in Section 21.110.170.
25. "Manufactured home" means a structure, transportable in one or more sections,
16 which is built on a permanent chassis and is designed for use with or without a permanent
foundation when connected to the required utilities. For floodplain management purposes, the
17 term "manufactured home" also includes park trailers, travel trailers and other similar vehicles
placed on a site for greater than one hundred eighty consecutive days.
18 26. "Manufactured home park or subdivision" means a parcel (or contiguous parcels)
of land divided into two or more manufactured home lots for sale or rent.
19 27. "Mean sea level" means, for purposes of the National Flood Insurance Program,
the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood
0 elevations shown on a community's Flood Insurance Rate Map are referenced.
2j 28. "New construction" means, for floodplain management purposes, structures for
which the start of construction commenced on or after the effective date of a floodplain
22 management regulation adopted by the community.
29. "New manufactured home park or subdivision" means a manufactured home
23 park or subdivision for which the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including at a minimum, the installation of utilities, the
24 construction of streets, and either final site grading or the pouring of concrete pads) is
completed on or after October 11, 1988.
25 30. "One-hundred-year flood" or "100-year flood" means a flood which has a one
percent annual probability of being equaled or exceeded. It is identical to the base flood, which
26 will be the term used throughout this chapter.
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31. "Person" means an individual or his agent, firm, partnership, association or
corporation, or agent of the aforementioned groups, or this state or its agencies or political
subdivisions.
32. "Recreational vehicle" means a vehicle which is:
a. Built on a single chassis;
b. 400 square feet or less when measured at the largest horizontal projection;
c. Designed to be self-propelled or permanently towable by a light-duty truck; and
d Designed primarily not for use as a permanent dwelling but as temporary living
quarters for recreational, camping, travel, or seasonal use.
33. "Remedy a violation" means to bring the structure or other development into
compliance with state or local floodplain management regulations, or, if this is not possible, to
reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting
the structure or other affected development from flood damages, implementing the enforcement
provisions ofthe ordinance or otherwise deterring future similar violations, or reducing state or
federal financial exposure with regard to the structure or other development.
34. "Riverine" means relating to, formed by, or resembling a river (including
tributaries), stream, brook, etc.
10 35. "Sand dunes" means naturally occurring accumulations of sand in ridges or
mounds landward ofthe beach.
11 36. "Special flood hazard area (SFHA)" means an area having special flood or flood-
related erosion hazards, and shown on an FHBM or FIRM as zone A, AO, A1-30, AE, A99, AH,
12 V0,V1-30, VEorV.
37. "Start of construction" means and includes substantial improvement, and means
13 the date the building permit was issued, provided the actual start of construction, repair,
reconstruction, placement or other improvement was within one hundred eighty days of the
14 permit date. The actual start means either the first placement of permanent construction of a
structure on a site, such as the pouring of slab or footings, the installations of piles, the
15 construction of columns, or any work beyond the stage of excavation; or the placement of a
manufactured home on a foundation. Permanent construction does not include land preparation,
16 such as clearing, grading and filling; nor does it include the installation of streets and/or
walkways; nor does it include excavation for a basement, footing, piers or foundations orthe
17 erection of temporary forms; nor does it include the installation on the property of accessory
buildings, such as garages or sheds not occupied as dwelling units or not part ofthe main
structure.
j^ 38. "Structure" means a walled and roofed building, including a gas or liquid storage
tank, that is principally above ground, as well as a manufactured home.
39. "Substantial damage" means damage of any origin sustained by a
structure whereby the cost of restoring the structure to it's before damaged condition would
21 equal or exceed 50 percent ofthe market value ofthe structure before the damage occurred.
40. "Substantial improvement" means any reconstruction, rehabilitation, addition, or
22 other proposed new development of a structure, the cost of which equals or exceeds fifty
percent of the market value ofthe structure before the "start of construction" of the
23 improvement. This term includes structures, which have incurred "substantial damage,"
regardless ofthe actual repair work performed. The term does not, however, include either:
24 a. Any project for improvement of a structure to correct existing violations or state or
local health, sanitary or safety code specifications which have been identified by the applicable
25 code enforcement officials and which are the minimum necessary to assure safe living
conditions; or
26 b. Any alteration of a "historic structure," provided that the alteration will not
preclude the structure's continued designation as a "historic structure"
27 "
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20
1 41. "Violation" means the failure of a structure or other development to be fully
compliant with the community's floodplain management regulations. A structure or other
2 development without the elevation certificate, other certifications, or other evidence of
compliance required in this chapter is presumed to be in violation until such time as that
3 documentation is provided.
23
24
25
26
SECTION CXXXl: That Section 21.110.130 ofthe Carlsbad Municipal Code is
amended to read as follows:
21.110.130 Designation of floodplain administrator.
A. The city engineer is appointed as the floodplain administrator.
SECTION CXXXIl: That Section 21.110.135 ofthe Carlsbad Municipal Code is
9 repealed.
10 SECTION CXXXlll: That Section 21.110.140 and 21.110.150 of the Carlsbad
11 Municipal Code are amended to read as follows:
12 21.110.140 Duties and responsibilities of the floodplain administrator.
A. The duties and responsibilities of the floodplain administrator shall include, but
13 not be limited to:
1. Permit Review. The floodplain administrator shall review all development permits
14 to determine:
a. The permit requirements of this chapter have been satisfied, including
15 determination of substantial improvement and substantial damage of existing structures;
b. All other required state and federal permits have been obtained;
16 c. The site is reasonably safe from flooding;
d. The proposed development does not adversely affect the carrying capacity of
17 areas where base flood elevations have been determined but a floodway has not been
designated. This means that the cumulative effect of the proposed development when
18 combined with all other existing and anticipated development will not increase the water surface
elevation ofthe base flood more than 1 foot at any point within the City of Carisbad; and
19 e. All Letters of Map Revision (LOMR's) for flood control projects are approved prior
to the issuance of building permits. Building Permits must not be issued based on Conditional
20 Letters of Map Revision (CLOMR's). Approved CLOMR's allow construction of the proposed
flood control project and land preparation as specified in the "start of construction" definition.
21 2. Advise Decision-Making Authority. The floodplain administrator shall advise the
decision-making authority specified in Section 21.110.150 regarding the proposed development.
22 3. Review, Use and Development of Other Base Flood Data.
a. When base flood elevation data has not been provided in accordance with
Section 21.110.070, the floodplain administrator shall obtain, review and reasonably utilize any
base flood elevation and floodway data available from a federal, state or other source, in order
to administer Sections 21.110.160 through 21.110.230 of this chapter. Any such information
shall be submitted to the city council for adoption.
4. Notification of Other Agencies,
a. Whenever a watercourse is to be altered or relocated:
i. Notify adjacent communities and the California Department of Water Resources
27 prior to the alteration or relocation of a watercourse, and submit evidence of such notification to
the Federal Insurance Administration;
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1 ii. Assure that the flood-carrying capacity of the altered or relocated portion of such
watercourse is maintained.
2 b. Base Flood Elevation changes due to physical alterations:
i. Within 6 months of information becoming available or project completion,
3 whichever comes first, the floodplain administrator shall submit or assure that the permit
applicant submits technical or scientific data to FEMA for a Letter of Map Revision (LOMR).
4 (A) All LOMR's for flood control projects must be approved prior to the issuance of
building permits. Building Permits must not be issued based on Conditional Letters of Map
5 Revision (CLOMR's). Approved CLOMR's allow construction of the proposed flood control
project and land preparation as specified in the "start of construction" definition.
6 5. Documentation of Floodplain Development,
a. Obtain and maintain for public inspection and make available as needed:
7 i. The certification required in Section 21.110.160(3)(A), floor elevations;
ii. The certification required in Section 21.110.160(3)(B), elevations in areas of
shallow flooding;
iii. The certification required in Section 21.110.160(3)(C), elevations or floodproofing
of nonresidential structures;
iv. The certification required in Section 21.110.160(3)(D), wet floodproofing
standard;
V. The certified elevation required in Section 21.110.180(b), subdivision standards;
vi. The certification required in Section 21.110.200(1), floodway encroachments;
vii. The information required in Section 21.110.210(6), coastal construction; and
viii. The reports required in Section 21.110.220(d), mudflow standards.
6. Map determinations.
a. Make interpretations where needed, as to the exact location of the boundaries of
14 the areas of special flood hazards, areas of special flood-related erosion hazards or areas of
mudslide (i.e., mudflow) hazards, for example, where there appears to be a conflict between a
15 mapped boundary and actual field conditions. The person contesting the location of the
boundary shall be given a reasonable opportunity to appeal the interpretation as provided in
15 Section 21.54.140 of this title.
7. Remedy action.
17 a. Take action to remedy violations of this chapter as specified in Section
21.110.080 ofthis chapter.
18 8. Biennial Report,
a. Complete and submit Biennial Report to FEMA.
19 9. Planning,
a. Assure the General Plan is consistent with the floodplain management objectives
20 herein.
21 21.110.150 Special use permit.
A. A special use permit shall be obtained in addition to any other required permits or
22 entitlements before construction or development begins within any area of special flood hazards
established in Section 21.110.070 ofthis chapter.
23 B. Application and fees.
1. An application for a special use permit may be made by the owner of the property
24 affected or the authorized agent of the owner. The application shall:
a. Be made in writing on a form provided by the city planner;
25 b. State fully the circumstances and conditions relied upon as grounds for the
application; and
26 0. Be accompanied by a legal description of the property involved;
d. Be accompanied by plans showing the nature, location, dimensions and
27 elevation of the project site; existing and proposed structures, fill, storage or materials, drainage
28
1 facilities; and all other materials as specified by the city planner. Specifically, the following
information must be provided:
2 i. Proposed elevation in relation to mean sea level, of the lowest floor (including
basement) of all structures; in zone AO or VO, elevation of highest adjacent grade and
3 proposed elevation of lowest floor of all structures;
ii. Proposed elevation in relation to mean sea level to which any structure will be
4 floodproofed;
iii. All appropriate certifications listed in Section 21.110.150(D) of this chapter;
5 iv. Description of the extent to which any watercourse will be altered or relocated as
a result of proposed development;
6 V. Environmental impact assessment; and
vi. Environmental impact report, if required.
7 C. Notices and hearings.
1. Notice of an application for a special use permit shall be given pursuant to the
8 provisions of Sections 21.54.060.A and 21.54.061 of this title.
D. Decision-making authority.
9 1. An application for a special use permit may be approved, conditionally approved
or denied by the planning commission based upon its review of the facts as set forth in the
10 application, of the circumstances of the particular case, and evidence presented at the public
hearing.
11 2. The planning commission shall hear the matter, and may approve or conditionally
approve the special use permit upon the advice of the floodplain administrator and if all of the
12 findings in subsection E of this section are found to exist.
E. Findings for approval of a special use permit.
13 1. A special use permit required by this chapter may be approved or conditionally
approved only ifthe following findings are made:
14 a. The project is consistent with the general plan, local coastal program, the
requirements of this chapter, and any other applicable requirement of this code.
15 b. The site is reasonably safe from flooding.
c. The project is designed to minimize the flood hazard to the habitable portions of
16 the proposed structure.
d. The proposed project does not create a hazard for adjacent or upstream
properties or structures.
e. The proposed project does not create any additional hazard or cause adverse
impacts to downstream properties or structures.
f. The proposed project does not reduce the ability of the site to pass or handle a
base flood of 100-year frequency.
g. The cumulative effect of the proposed project when combined with all the other
existing, proposed, and anticipated development will not increase the water surface elevation of
the base flood more than one foot at any point.
h. The project is contingent upon compliance with other federal and state
22 regulations as required.
F. Announcement of decision and findings of fact.
23 1. When a decision on a special use permit is made pursuant to this chapter, the
decision-making authority shall announce its decision in writing in accordance with the
24 provisions of Section 21.54.120 of this title.
G. Effective date and appeals.
25 1. Planning Commission decisions on special use permits shall become effective
unless appealed in accordance with the provisions of Section 21.54.150 ofthis title.
25 H. Expiration, extensions and amendments.
1. The expiration period for an approved special use permit shall be as specified in
Section 21.58.030 of this title.
2. The expiration period for an approved special use permit may be extended
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1 pursuant to Section 21.58.040 of this title.
3. An approved special use permit may be amended pursuant to the provisions of
2 Section 21.54.125 of this title.
3 SECTION CXXXIV: That Section 21.110.190 ofthe Carlsbad Municipal Code is
4 amended to read as follows:
5 21.110.190 Standards for manufactured homes.
A. All manufactured homes that are placed or substantially improved, on sites
6 located: (1) outside of a manufactured home park or subdivision; (2) in a new manufactured
home park or subdivision; (3) in an expansion to an existing manufactured home park or
subdivision; or (4) in an existing manufactured home park or subdivision upon which a
manufactured home has incurred "substantial damage" as the result of a flood, shall:
° 1. Within Zones A1-30, AH, and AE on the community's Flood Insurance Rate Map,
be elevated on a permanent foundation such that the lowest floor of the manufactured home is
elevated to or above the base flood elevation and be securely fastened to an adequately
anchored foundation system to resist flotation, collapse, and lateral movement.
2. Within Zones VI-30, V, and VE on the community's Flood Insurance Rate Map,
meet the requirements of Section 21.110.210.
B. All manufactured homes to be placed or substantially improved on sites in an
existing manufactured home park or subdivision within Zones A1-30, AH, AE, VI-30, V, and VE
on the community's Flood Insurance Rate Map that are not subject to the provisions of Section
21.110.190.A will be securely fastened to an adequately anchored foundation system to resist
flotation, collapse, and lateral movement, and be elevated so that either the:
1. Lowest floor of the manufactured home is at or above the base flood elevation; or
2. Manufactured home chassis is supported by reinforced piers or other
j^ foundation elements of at least equivalent strength that are no less than 36 inches in height
above grade.
j^ C. Upon the completion of the structure, the elevation of the lowest floor including
basement shall be certified by a registered civil engineer or licensed land surveyor, and verified
jy by the community building inspector to be properiy elevated. Such certification and verification
shall be provided to the Floodplain Administrator.
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10
11
12
13
14
SECTION CXXXV: That Section 21.110.195 is added to the Carlsbad Municipal
Code as follows:
18
19
20
21.110.195 Standards for recreational Vehicles.
21 A. All recreational vehicles placed in Zones A1-30, AH, AE, VI-30 and VE will
either:
22 1. Be on the site for fewer than 180 consecutive days; or
2. Be fully licensed and ready for highway use. A recreational vehicle is ready for
23 highway use if it is on its wheels or jacking system, is attached to the site only by quick
disconnect type utilities and security devices, and has no permanently attached additions; or
24 3. Meet the permit requirements of Section 21.110.130 ofthis ordinance and the
elevation and anchoring requirements for manufactured homes in Section 21.110.190.
25 B. Recreational vehicles placed on sites within Zones V1-30, V, and VE on the
community's Flood Insurance Rate Map will meet the requirements of Section 21.110.195.A and
26 Section 21.110.210.
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SECTION CXXXVI: That Section 21.110.240 ofthe Carlsbad Municipal Code is
2 amended to read as follows:
3 21.110.240 Variances.
A. Variances from the requirements of this chapter may be granted pursuant to the
4 provisions of this section and Chapter 21.50 of this title.
B. Subject to the findings specified in Chapter 21.50 and subsection D of this
5 section, variances may be granted for:
1. New construction, substantial improvement, and other proposed new
6 development to be erected on a lot of one half acre or less in size contiguous to and surrounded
by lots with existing structures constructed below the base flood level. As the lot size increases
7 beyond one half acre, the technical justification required for issuing a variance increases.
2. Repair or rehabilitation of historic structures.
C. Variance considerations.
g 1. When making decisions on requests for variances, the decision-making authority
shall consider all technical evaluations, all relevant factors, standards specified in other sections
JQ ofthis ordinance, and:
a. The danger that materials may be swept onto other lands to the injury of others;
11 b. The danger of life and property due to flooding or erosion damage;
c. The susceptibility of the proposed facility and its contents to flood damage and
12 the effect of such damage on the existing individual owner and future owners of the property;
d. The importance of the services provided by the proposed facility to the
community;
j4 e. The necessity to the facility of a waterfront location, where applicable;
f. The availability of alternative locations for the proposed use which are not subject
15 to flooding or erosion damage;
g. The compatibility of the proposed use with existing and anticipated development;
16 h. The relationship of the proposed use to the comprehensive plan and floodplain
management program for that area;
i. The safety of access to the property in time of flood for ordinary and emergency
vehicles;
j. The expected heights, velocity, duration, rate of rise and sediment transport of
19 the floodwaters expected at the site; and
k. The costs of providing governmental services during and after flood conditions,
20 including maintenance and repair of public utilities and facilities such as sewer, gas, electrical
and water systems, and streets and bridges.
21 D. Variance findings.
1. In addition to the findings specified in Chapter 21.50, no variance from the
22 requirements of this chapter may be granted unless the decision-making authority finds:
a. That the variance is for floodplain management purposes only.
23 b. That there is a showing of good and sufficient cause;
c. That the variance is the minimum necessary considering the flood hazard, to
24 afford relief.
i. "Minimum necessary" as related to this section, means to afford relief with a
25 minimum of deviation from the requirements of this chapter. For example, in the case of a
variance from an elevation requirement, the decision-making authority need not grant
26 permission for the applicant to build to the elevation the applicant proposes, but only to that
elevation which the decision-making authority believes will both provide relief and preserve the
27 intent of this chapter.
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d. That the physical characteristics of the subject property are so unusual that
complying with the requirements ofthis ordinance would create an exceptional hardship to the
applicant.
i. "Hardship" as related to this section, means the exceptional hardship that would
result from a failure to grant the requested variance. Mere economic or financial hardship alone
is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal
preferences, or the disapproval of one's neighbors likewise cannot, as a rule, qualify as an
exceptional hardship. All of these problems can be resolved through other means without
granting a variance, even if the alternative is more expensive, or requires the property owner to
build elsewhere or put the parcel to a different use than originally intended.
e. That the subject property's physical characteristics are unique to the property
and not shared by adjacent parcels, and pertain to the land itself, not to the structure, its
inhabitants, or the property owners.
f. That the granting of a variance will not result in increased flood heights,
additional threats to public safety, or extraordinary public expense, create a nuisance, cause
"fraud and victimization" ofthe public, or conflict with existing local laws or ordinances.
i. "Public safety" and "nuisance" as related to this section, means that the granting
JQ of a variance must not result in anything which is injurious to safety or health of an entire
community or neighborhood, or any considerable number of persons, or unlawfully obstructs the
J J free passage or use, in the customary manner, of any navigable lake, or river, bay, stream,
canal, or basin.
j2 ii. "Fraud and victimization" as related to this section, means that the variance
granted must not cause fraud on or victimization ofthe public. In examining this requirement,
j3 the decision-making body shall consider the fact that every newly constructed building adds to
government responsibilities and remains a part ofthe community for fifty to one hundred years.
j4 Buildings that are permitted to be constructed below the base flood elevation are subject during
all those years to increased risk of damage from floods, while future owners of the property and
15 the community as a whole are subject to all the costs, inconvenience, danger, and suffering that
those increased flood damages bring. In addition, future owners may purchase the property,
15 unaware that it is subject to potential flood damage, and can be insured only at very high flood
insurance rates.
17 g. If applicable, that the proposed repair or rehabilitation of a historic structure will
not preclude the structure's continued designation as an historic structure and the variance is
the minimum necessary to preserve the historic character and design of the structure.
E. Variance conditions.
19 1. The decision-making authority may require conditions to the granting of
variances as it deems necessary to further the purposes of this chapter.
20 F. Applicant notice.
1. Pursuant to Title 44 Part 60.6(a)(5) of the Code of Federal Regulations, following
21 the granting of a variance, the city shall provide written notice to the applicant stating that:
a. The issuance of a variance to construct a structure below the base flood level will
22 result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of
insurance coverage, and
23 b. Such construction below the base flood level increases risks to life and property.
2. The written notice required by this subsection shall be recorded in a manner so
24 that it appears in the chain of title of the affected parcel of land.
G. Record of variances.
25 1. The Floodplain Administrator shall maintain a record of all variances, including
justification for their issuance, and report such variances in its biennial report submitted to
FEMA. 26
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1
2 repealed.
SECTION CXXXVIl: That Section 21.110.250 of the Carlsbad Municipal Code is
8
SECTION CXXXVlll: That Chapter 21.201 ofthe Carlsbad Municipal Code is
amended to read as follows:
Chapter 21.201
COASTAL DEVELOPMENT PERMIT PROCEDURES
Sections:
y 21.201.010 Purpose.
21.201.015 Applicability
21.201.020 Definitions.
21.201.030 Requirements for minor coastal development permits and coastal
9 development permits.
21.201.040 Reserved.
10 21.201.050 Determination of applicable procedures.
21.201.060 Exemptions and categorical exclusions from minor coastal development
11 permit and coastal development permit procedures.
21.201.070 Repair and maintenance activities requiring a coastal development permit.
12 21.201.080 Minor coastal development permits and coastal development permits.
21.201.090 Announcement of decision and notice of final local government action
13 21.201.100 Reserved.
21.201.110 Reserved.
14 21.201.120 Effective date and appeal.
21.201.130 Developments appealable to the Coastal Commission.
15 21.201.140 Exhaustion of local appeals.
21.201.150 Public hearing on appealable developments.
16 21.201.160 Finality ofcity action.
21.201.170 Reserved.
17 21.201.180 Reserved.
21.201.190 Emergency coastal development permits.
18 21.201.200 Expiration of minor coastal development permits and coastal development
permits.
19 21.201.210 Extensions.
21.201.220 Permit amendment.
20 21.201.230 Coastal development permits issued by Coastal Commission.
21.201.240 Violations of the Public Resources Code.
21
21.201.010 Purpose.
22 A. This chapter establishes the permit procedures for developments located in the
coastal zone. This chapter is based on the local coastal program implementation regulations
23 adopted by the California Coastal Commission pursuant to Public Resources Code Sections
30620.6 and 30333, and as such shall constitute the minimum procedural requirements for
24 review of developments in the coastal zone pursuant to Public Resources Code Section
30600(d).
25
21.201.015 Applicability.
26 A. This chapter shall apply to development within the coastal zone, with the
exception ofthe Agua Hedionda Lagoon segment ofthe Carisbad Local Coastal Program.
27
28 -93-9^
1 21.201.020 Definitions.
A. "Aggrieved person" means any person who, in person or through a
2 representative, appeared at a public hearing of the city in connection with the decision or action
appealed, or who, by other appropriate means priorto a hearing, informed the city ofthe nature
3 of his concerns or who for good cause was unable to do either.
B. "Allowable use" means any use allowed by right which does not require a public
4 hearing or any discretionary or nondiscretionary permit of the approving authority.
C. "Appealable development" means in accordance with Public Resources Codes
5 Section 30603(a), any of the following:
1. Developments approved by the local government between the sea and the first
6 public road paralleling the sea or within three hundred feet of the inland extent of any beach or
ofthe mean high tide line ofthe sea where there is no beach, whichever is the greater distance.
7 2. Developments approved by the local government not included within subsection
(C)(1) ofthis section located on tidelands, submerged lands, public trust lands, within one
8 hundred feet of any wetland, estuary, stream or within three hundred feet of the top of the
seaward face of any coastal bluff.
9 3. Any development which constitutes a major public works project or a major
energy facility. The phrase "major public works project or a major energy facility" as used in
10 Public Resources Code Section 30603(a)(5) and its regulations shall mean any proposed public
works project, as defined by Section 13012 ofthe Coastal Commission Regulations, (Title 14
11 California Code of Regulations, Division 5.5) or energy facility, as defined by Public Resources
Code Section 30107.
12 D. "Appellant" means any person who may file an appeal and includes an applicant,
any aggrieved person or any two members of the Coastal Commission.
13 E. "Applicant" means the person, partnership, corporation, state or local
government agency applying for a coastal development permit.
F. Reserved.
G. "Categorically excluded development" means a development (upon request of
15 the city, public agency or other person) which the city planner has determined pursuant to
Section 21.201.060(C) of this code to have no potential for significant adverse effect on coastal
16 resources or access and, therefore, has issued an exclusion.
H. "Coastal zone" means the coastal zone of the city as described in the Public
17 Resources Code Section 30103.
I. "Coastal Commission" means the California Coastal Commission.
J. "Decision-making authority" means the city officer, planning commission or
council approving a coastal development permit.
K. "Executive Director" means the Executive Director of the Coastal Commission.
L. "Local coastal program" means the city's land use plan, zoning ordinances,
zoning maps, and other implementing actions certified by the Coastal Commission as meeting
2 J the requirements of the California Coastal Act of 1976.
M. "Major energy facility" means any energy facility as defined by Public Resources
22 Code Section 30107 and exceeding one hundred thousand dollars in estimated cost of
construction.
23 N. "Major public works project" means any public works project as defined by Title
14 California Code of Regulations Section 13012 and exceeding one hundred thousand dollars
in estimated cost of construction.
O. "Permitted use" means any use allowed by right which does not require a public
25 hearing, but does require a discretionary or nondiscretionary permit (e.g., building permit) to be
issued by the approving authority.
25 P. "Other permits and approvals" means permits and approvals, other than a
coastal development permit, required to be issued by the approving authority before a
27 development may proceed.
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1 21.201.030 Requirements for minor coastal development permits and coastal development
permits.
2
Except as provided in Section 21.201.060 below, any applicant wishing to undertake a
3 development (defined in Section 21.04.107) in the coastal zone shall obtain a minor coastal
development permit or coastal development permit in accordance with the provisions of this
4 chapter, in addition to any other permit required by law. Development undertaken pursuant to a
minor coastal development permit or coastal development permit shall conform to the plans,
5 specifications, terms and conditions approved in granting the permit. The procedures prescribed
herein may be used in conjunction with other procedural requirements of the decision-making
6 authority, provided that the minimum requirements as specified herein are assured.
7 21.201.040 Reserved.
8 21.201.050 Determination of applicable procedures.
A. The city planner shall determine whether a development is exempt or
9 categorically excluded from the requirements of this chapter, or is nonappealable or appealable
to the Coastal Commission. This determination shall be made with reference to the certified
10 local coastal program, including maps, categorical exclusions, land use designations, and
zoning ordinances adopted as part ofthe certified local coastal program.
11 B. The city planner shall inform the applicant whether the project is exempt (and
whether in the "appealable area," if not exempt) within ten calendar days ofthe determination
12 that the application is complete. The written notice to the applicant shall include advice that, if
dissatisfied with or if there is a question regarding the determination, the applicant (or city
13 planner) may request the opinion of the Coastal Commission's executive director in accordance
with 14 Code of California (Regulations Section 13569.
21.201.060 Exemptions and categorical exclusions from minor coastal development permit
15 and coastal development permit procedures.
A. For the purposes of subsection B. 1 of this section, an existing single-family
16 residential building shall include all appurtenances and other accessory structures, including
decks, directly attached to the residence; accessory structures or improvements on the property
17 normally associated with residences, such as garages, swimming pools, fences and storage
sheds, but not including guest houses or self-contained residential units; landscaping on the lot.
B. Exemptions. The following projects are exempt from the requirements of a minor
coastal development permit and coastal development permit:
1. Improvements to existing single-family residential building except:
a. On a beach, wetland or seaward of the mean high tide line;
b. Where the residence or proposed improvement would encroach within fifty feet of
the edge of a coastal bluff;
c. On property located between the sea and the first public road paralleling the sea
22 or within three hundred feet of the inland extent of any beach or of the mean high tide of the sea
where there is no beach, whichever is the greater distance:
23 d. On property located in significant scenic resources areas as designated by the
Commission;
24 e. Improvement that would result in an increase of ten percent or more of internal
floor area of an existing structure or an additional improvement of ten percent or less where an
25 improvement to the structure had previously been undertaken pursuant to Public Resources
Code Section 30610(a);
25 f. An increase in height by more than ten percent of an existing structure and/or
any significant nonattached structure such as garages, fences, shoreline protective works or
27 docks;
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9
13
1 g. Any significant alteration of land forms including removal or placement of
vegetation on a beach, wetland, or sand dune, or within fifty feet of the edge of a coastal bluff
2 except as provided in subsections B.8, B.9, B.10 and B.11 ofthis section;
h. Expansion or construction of water wells or septic systems.
3 2. Improvements to existing structures other than a single-family residence or public
works facility, except:
4 a. On a beach, wetland, lake or stream or seaward of the mean high tide line;
b. Where the structure or improvement would encroach within fifty feet of the edge
5 of the coastal bluff;
c. On property located between the sea and the first public road paralleling the sea
6 or within three hundred feet of the inland extent of any beach or of the mean high tide of the sea
where there is no beach, whichever is the greater distance;
7 d. Any improvement that would increase by ten percent or more the internal floor
area of an existing structure, or any additional improvement where an improvement to the
structure had previously been undertaken pursuant to Public Resources Code Section
30610(b), or this section, and the cumulative increase ofthe improvements is ten percent or
more;
e. An increase in height by more than ten percent of an existing structure, including
10 any significant detached accessory structure, such as garages, fences, shoreline protective
structures or docks;
11 f. Any improvement which changes the intensity of use of a structure;
g. Any significant alteration of land forms including removal or placement of
12 vegetation on a beach, wetland or sand dune, or within one hundred feet of the edge of a
coastal bluff or stream except as provided in subsections B.S, B.9, B.10 and B.11 ofthis section;
and
h. Any improvement made pursuant to a conversion of an existing structure from a
14 multiple unit rental use or visitor serving commercial use to a use involving a fee ownership or
long-term leasehold including but not limited to a condominium conversion, stock cooperative,
15 conversion or motel/hotel timesharing conversion.
i. Expansion or construction of water wells or septic systems.
16 3. Occupancy permits.
4. Harvesting of agricultural crops or other agriculturally related activities specifically
17 defined as permitted uses in the applicable zone, which require no other permits and approvals
ofthe decision-making authority, and are thereby allowable uses herein.
5. Fences for farm or ranch purposes.
6. Water wells, well covers, pump houses, water storage tanks of less than ten
thousand gallons capacity and water distribution lines, including up to one hundred cubic yards
of associated grading, provided such water facilities are used for onsite agriculturally-related
purposes only.
7. Water impoundments located in drainage areas not identified as blue line
streams (dashed or solid) on USGS 7 Vi minute quadrangle maps, provided such
22 impoundments do not exceed twenty-five acre feet in capacity.
8. Water pollution control facilities for agricultural purposes if constructed to comply
23 with waste discharge requirements or other orders of the Regional Water Quality Control Board.
9. Landscaping on the lot unless the landscaping could result in erosion or damage
to sensitive habitat areas.
10. Repair or maintenance activities not described in Section 21.201.070 of this
25 chapter.
11. Activities of public utilities as specified in the repair, maintenance and utility
25 hookup exclusion adopted by the Coastal Commission, September 5, 1978, and as modified
from time to time.
27 C. Categorical Exclusions.
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1 l.A permit issued for a development which is categorically excluded from the
coastal development permit requirements pursuant to California Public Resources Code Section
2 30610, shall be exempt from the requirements of this chapter.
2. The city council may designate by resolution, after a public hearing, categories of
3 development that have no potential for any significant adverse effect, either individually or
cumulatively, on coastal resources or on public access to, or along the coast. Development
4 which has been so designated shall be categorically excluded from the provisions of this
chapter. The designation of any categorical exclusion shall not be effective until the categorical
5 exclusion order has been approved by the Coastal Commission.
3. The city planner shall keep a record of all permits issued for such categorically
6 excluded projects.
D. Notice of Categorically Excluded or Exempt Developments.
7 1. A permit issued by the city for a development which is categorically excluded or
exempt from the coastal development permit requirements, shall be exempt from the notice and
8 hearing requirements of this chapter. The city shall maintain a record for all permits issued for
categorically excluded or exempt developments which shall be made available to the Coastal
9 Commission or any interested person upon request. This record may be in the form of any
record of permits issued currently maintained by the city; provided, that such record includes the
10 applicant's name, the location of the project, and brief description of the project.
11 21.201.070 Repair and maintenance activities requiring a coastal development permit.
A. All repair and maintenance activities governed by the provisions of this
12 subsection shall be subject to the permit regulations of the California Coastal Act, including, but
not limited to, the regulations governing administrative and emergency permits. The provisions
13 of this section shall not be applicable to methods of repair and maintenance undertaken by the
ports listed in Public Resources Code Section 30700, unless so provided elsewhere in these
14 regulations. The provisions of this section shall not be applicable to those activities specifically
described in the document entitled Repair, Maintenance and Utility Hookups, adopted by the
15 Coastal Commission on September 5, 1978.
B. The following repair and maintenance activities require a coastal development
16 permit because they involve a risk of substantial adverse impact to coastal resources or access.
1. Any method of repair or maintenance of a seawall, revetment, bluff retaining wall,
17 breakwater, groin, culvert, outfall, or similar shoreline work that involves:
a. Repair or maintenance involving substantial alteration of the foundation of the
18 protective work including pilings and other surface or subsurface structures;
b. The placement, whether temporary or permanent, of rip-rap, artificial berms of
sand or other beach materials, or any other forms of solid materials, on a beach or in coastal
waters, streams, wetlands, estuaries and lakes or on a shoreline protective work except for
agricultural dikes within enclosed bays or estuaries;
c. The replacement of twenty percent or more of the materials of an existing
structure with materials of a different kind; or
d. The presence, whether temporary or permanent, of mechanized construction
equipment or construction materials on any sandy area or bluff or within twenty feet of coastal
waters or streams.
2. Any method of routine maintenance dredging that involves:
24 a. The dredging of one hundred thousand cubic yards or more within a twelve-
month period;
25 b. The placement of dredged spoils of any quantity within an environmentally
sensitive habitat area, on any sand area, within fifty feet of the edge of a coastal bluff or
25 environmentally sensitive area, or within twenty feet of coastal waters or streams; or
c. The removal, sale or disposal of dredged spoils of any quantity that would be
27 suitable for beach nourishment in an area the Coastal Commission has declared by resolution
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1 to have a critically short sand supply that must be maintained for protection of structures,
coastal access or public recreational use.
2 3. Any repair or maintenance to facilities or structures or work located in an
environmentally sensitive habitat area, or any sand area, within fifty feet of the edge of a coastal
3 bluff or environmentally sensitive habitat area, or within twenty feet of coastal waters or streams
that include:
4 a. The placement or removal, whether temporary or permanent, of rip-rap, rocks,
sand or other beacii materials or any other forms of solid materials;
5 b. The presence, whether temporary or permanent, of mechanized equipment or
construction materials.
6 C. Unless destroyed by natural disaster, the replacement of fifty percent or more of
a seawall, revetment, bluff retaining wall, breakwater, groin or similar protective work under one
7 ownership is not repair and maintenance under Public Resources Code Section 30610(d), but
instead constitutes a replacement structure requiring a coastal development permit.
8
21.201.080 Minor coastal development permits and coastal development permits.
9 A. Application and fees.
1. Applications for minor coastal development permits and coastal development
10 permits may be made by the record owner or owners of the property affected or the authorized
agent ofthe owner or owners. The application shall:
11 a. Be made in writing on a form provided by the city planner.
b. State fully the circumstances and conditions relied upon as grounds for the
12 application.
c. Be accompanied by adequate plans which allow for detailed review pursuant to
13 this chapter, a legal description ofthe property and all other materials and information specified
by the city planner.
14 2. At the time of filing the application the applicant shall pay the application fee
contained in the most recent fee schedule adopted by city council.
15 3. Unless the property has previously been legally subdivided and no further
subdivision is required the application shall be accompanied by a tentative map which shall be
16 filed with the city planner in accordance with procedures set forth in Chapter 20.12 ofthis code.
Ifthe project contains four or less lots or units, the application shall be accompanied by a
17 tentative parcel map which shall be filed with the city engineer in accordance with procedures
set forth in Chapter 20.24 of this code.
1 ° 4. Whenever the development would require a permit or approval under the
provisions ofthis title, notwithstanding this chapter, the application shall include sufficient
information to allow review of such permit or approval. Application for all permits or approvals
under this title and the coastal development permit may be consolidated into one application.
5. The city planner may require that the application contain a description of the
feasible alternatives to the development or mitigation measures which will be incorporated into
the development to substantially lessen any significant effect on the environment which may be
ryr. causod by the development.
B. Notices and hearings.
23 1. Notice of an application for a minor coastal development permit shall be given
pursuant to the provisions of Sections 21.54.060.B and 21.54.061 ofthis title, except that the
24 notice of a minor coastal development jDermit for a second dwelling unit shall not allow for the
ability to request an administrative hearing.
25 2. Notice of an application for a coastal development permit shall be given pursuant
to the provisions of Sections 21.54.060.A and 21.54.061 of this title.
25 C. Decision-making authority.
1. Minor coastal development permits.
27 a. The city planner may approve, conditionally approve or deny minor coastal
development permits for:
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1 i. Development that costs less than sixty thousand dollars;
ii. Second dwelling units (no discretionary approval shall be required for second
2 dwelling units);
iii. Projects that require an administrative village review permit or administrative
3 variance, pursuant to Chapter 21.35 of this title,
b. The city planner may approve or conditionally approve a minor coastal
4 development permit, if the development complies with the following criteria:
i. The development is consistent with the certified local coastal program as defined
5 in Section 30108.6 ofthe Coastal Act.
ii. The development requires no discretionary approvals other than a minor coastal
6 development permit.
iii. The development has no adverse effect individually or cumulatively on coastal
7 resources or public access to the shoreline or along the coast.
b. The city planner's decision shall be based upon his/her review of the facts as set
forth in the application, of the circumstances of the particular case, and evidence presented at
the administrative hearing, if one is conducted pursuant to the provisions of Section
9 21.54.060.B.2 ofthis title.
c. The city planner may approve or conditionally approve a minor coastal
10 development permit if he/she finds that the project complies with the certified local coastal
program and, if applicable, with the public access and recreation policies of Chapter 3 ofthe
11 Coastal Act. If the project is a second dwelling unit, the city planner shall additionally find that
the project complies with the provisions of section 21.10.030 ofthis title.
12 2. Coastal development permits,
a. The planning commission may approve, conditionally approve, or deny a coastal
13 development permit for development in the coastal zone that is not subject to subsection C.1 of
this section.
14 b. The planning commission's decision shall be based upon its review of the facts
as set forth in the application, ofthe circumstances ofthe particular case, and evidence
15 presented at the public hearing,
c. The planning commission shall hear the matter and may approve or conditionally
16 approve a coastal development permit if it finds that the project complies with the certified local
coastal program and, if applicable, with the public access and recreation policies of Chapter 3 of
the Coastal Act. 17
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20
21.201.090 Announcement of decision and notice of final local government action.
A. When a decision on a minor coastal development permit or coastal development
permit is made pursuant to this chapter, the decision-making authority shall announce its
decision in writing:
1. In accordance with the provisions of Section 21.54.120 of this title
^. (announcement of decision and findings of fact).
2. In accordance with Section 13315 of Title 14 ofthe California Code of
22 Regulations (notice of final local government action).
23
24
21.201.100 Reserved.
21.201.110 Reserved.
25 21.201.120 Effective date and appeal.
A. City planner decisions on minor coastal development permits shall become
25 effective unless appealed in accordance with the provisions of Section 21.54.140 of this title,
except that decisions to approve minor coastal development permits for second dwelling units
27 shall not be appealable to the planning commission or city council.
28
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B. Planning Commission decisions on coastal development permits shall become
effective unless appealed in accordance with the provisions of Section 21.54.150 ofthis title.
2 C. Decisions that may be appealed to the Coastal Commission.
1. A decision on a minor coastal development permit or coastal development permit
3 made pursuant to this chapter, and which is appealable to the Coastal Commission pursuant to
Section 21.201.130 ofthis chapter, shall become effective on the tenth working day following
4 the Coastal Commission's receipt of the notice of final local government action provided
pursuant to Section 21.201.090 ofthis chapter, unless:
5 a. An appeal is filed with the Coastal Commission in accordance with the Coastal
Commission's regulations;
6 b. The notice of final local government action does not meet the requirements of
Sections 21.201.090.A.2 and 21.201.160;
7 c The notice of final local government action is not received in the Coastal
Commission office and/or distributed to interested parties in time to allow for the ten working day
8 appeal period.
2. Where any ofthe circumstances in subsections 21.201.120.C.1.a through
9 21.201.120.C. 1 .c occur, the Commission shall, within five calendar days of receiving notice of
that circumstance, notify the city and applicant that the effective date of the city action has been
10 suspended.
11 21.201.130 Developments appealable to the Coastal Commission.
A. The following developments, due to their type or location, are within the appeal
12 jurisdiction ofthe Coastal Commission. Only decisions approving a coastal development permit
forthese developments are appealable to the Coastal Commission, unless othenA/ise noted.
13 Areas subject to appeal jurisdiction are shown on the post LCP certification map which is on file
in the planning division.
14 1. Developments on property located between the sea and the first public road
paralleling the sea or within three hundred feet of the inland extent of any beach or of the mean
15 high tide of the sea where there is no beach, whichever is the greater distance.
2. Development on property located within three hundred feet of the top of the
seaward face of any coastal bluff, or within one hundred feet of any wetland, estuary or stream.
3. Developments approved by the city not included within subsections A and B of
17 this section which are located in a sensitive coastal resource area.
4. Any decision approving or denying a development which constitutes a major
public works project or a major energy facility.
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21.201.140 Exhaustion of local appeals.
A. An appellant shall be deemed to have exhausted local appeals for purposes of
filing an appeal under the Coastal Commission's regulations and be an aggrieved person where
2j the appellant has pursued the appeal to the appellate body (bodies) as required by the city
appeal procedures; except that exhaustion of all local appeals is not required if any ofthe
22 following occurs:
1. The city requires an appellant to appeal to more local appellate bodies than have
23 been certified as appellate bodies for permits in the coastal zone, in the implementation section
ofthe local coastal program;
24 2. An appellant was denied the right of the initial local appeal by a local ordinance
which restricts the class of persons who may appeal a local decision;
25 3. An appellant was denied the right of local appeal because local notice and
hearing procedures for the development did not comply with the provisions of this chapter;
26 4. The city charges an appeal fee for the filing or processing of appeals.
B. Where the project is appealed by any two members of the Coastal Commission,
27 there shall be no requirement of exhaustion of local appeals. Provided, that notice of Coastal
Commission appeals may be transmitted to the city council (which considers appeals from the
28 100- I0<[
planning commission which rendered the final decision), and the appeal to the Coastal
Commission may be suspended pending a decision on the merits by the city council. Ifthe
decision ofthe city council modifies or reverses the previous decision, the Coastal
Commissioners shall be required to file a new appeal from that decision.
C. The appeal to the California Coastal Commission shall be filed at the local district
office no later than ten working days after the date of the receipt of the notice of final local action
by the local district office. No coastal development permit shall be issued or deemed approved
until an appeal, if any, to the Coastal Commission has been resolved.
21.201.150 Public hearing on appealable developments.
At least one public hearing shall be held on each application for an appealable
development, (except as provided in Section 21.201.080 for Minor coastal development permits)
thereby affording any persons the opportunity to appear at the hearing and inform the city of the
nature of their concerns regarding the project. Such hearing shall occur no eariier than ten
8 calendar days following the mailing of the notice required in Section 21.54.060. The public
hearing may be conducted in accordance with existing local procedures or in any other manner
9 reasonably calculated to give interested persons an opportunity to appear and present their
viewpoints, either orally or in writing.
21.201.160 Finality of city action.
11 A local decision on an application for development shall be deemed final when (1) the
local decision on the application has been made and all required findings have been adopted,
12 including specific factual findings supporting the legal conclusions that the proposed
development is or is not in conformity with the certified local coastal program, that the
13 development is in conformity with the public access and public recreation policies of Chapter 3
of the Coastal Act, and that the required conditions of approval adequate to carry out the
certified local coastal plan as provided in the implementing ordinances have been imposed, and
(2) when all rights of appeal have been provided as defined in Sections 21.201.130 and
1^ 21.201.140.
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21.201.170 Reserved.
21.201.180 Reserved.
16
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" 21.201.190 Emergency coastal development permits,
j^ A. Applications in case of emergency shall be made by letter to the city planner or in
person or by telephone, if time does not allow. "Emergency" means a sudden, unexpected
2Q occurrence demanding immediate action to prevent or mitigate loss or damage to life, health,
property or essential public services.
21 B. The following information shall be included in the request:
1. Nature of emergency;
22 2. Cause of the emergency, insofar as this can be established;
3. Location of the emergency;
23 4. The remedial, protective or preventive work required to deal with the emergency;
and
24 5. The circumstances during the emergency that appeared to justify the cause(s) of
action taken, including the probable consequences of failing to take action.
25 C. The city planner shall verify the facts, including the existence of the nature of the
emergency, insofar as time allows.
26 The city planner may grant an emergency permit upon reasonable terms and
conditions, including an expiration date and the necessity for a regular permit application later, if
27 the city planner finds that:
101- /'O'Z^
1. An emergency exists that requires action more quickly than permitted by the
procedures for minor coastal permits or for regular permits and the work can and will be
2 completed within thirty days unless otherwise specified by the terms of the permit;
2. Public comment on the proposed emergency action has been reviewed, if time
3 allows; and
3. The work proposed would be consistent with the requirements of the certified
4 land use plan.
The city planner shall report, in writing, to the coastal commission through its
5 executive director and to the city council at its first scheduled meeting after the emergency
permit has been issued, the nature of the emergency and the work involved. The report of the
6 city planner shall be informational only; the decision to issue an emergency permit is solely at
the discretion ofthe city planner subject to the provisions ofthis section. Copies ofthis report
7 shall be available at the meeting and shall be mailed to all persons who have requested such
notification in writing. If at that meeting, one-third ofthe city council so request, the permit
8 issued by the city planner shall not go into effect and the application for a coastal development
permit shall be processed in due course in accordance with the procedures set forth in Chapter
9 21.201.
F. Any request for an emergency permit within the Coastal Commission area of
10 original jurisdiction as defined in Section 21.201.230 shall be referred to the Coastal
Commission for review and issuance.
11
21.201.200 Expiration of minor coastal development permits and coastal development
12 permits.
A. The expiration period for an approved minor coastal development permit or
13 coastal development permit shall be as specified in Section 21.58.030 of this title.
14 21.201.210 Extensions.
A. The expiration period for an approved minor coastal development permit or
15 coastal development permit may be extended pursuant to Section 21.58.040 of this title, and
subject to the following:
6 1. An extension may be approved only if it is found that there has been no change
of circumstances that may affect the development's consistency with the certified local coastal
7 program or with the policies of Chapter 3 of the Coastal Act, if applicable
18 21.201.220 Permit amendment.
, g A. An approved minor coastal development permit or coastal development permit
may be amended pursuant to the provisions of Section 21.54.125 ofthis title.
28
21.201.230 Coastal development permits issued by Coastal Commission. 20
21
The Coastal Commission shall have original jurisdiction for all coastal development
22 permits for development on tidelands, submerged lands and public trust lands, whether filled or
unfilled. Such lands are specified as the area of "original jurisdiction" ofthe Coastal Commission
23 pursuant to Public Resources Code Section 30519(b), and are shown on the post LCP
certification map which is on file in the planning division. The applicant for any project which
24 requires a coastal development permit issued by the Coastal Commission shall obtain all
discretionary approvals required by this code prior to filing an application with the Coastal
25 Commission for said coastal development permit.
26 21.201.240 Violations of the Public Resources Code.
Any person who violates any provision of Division 20 of the Public Resources Code shall
27 be subject to the penalties contained in Public Resources Code Article 2, Section 30820 et seq.
•102-/o3
SECTION CXXXIX: That Section 21.208.110 of the Carlsbad Municipal Code is
amended to read as follows:
21.208.110 Required findings
In addition to the findings required for the granting of a conditional use permit pursuant
to Section 21.42.030, conditional use permits issued pursuant to this chapter are subject to the
following findings prior to approval:
A. That the proposed project is adequately designed to accommodate the high
percentage of visitor, tourist and shuttle bus/alternative transportation users anticipated given
the proposed use and site location within the overiay zone;
B. That the building forms, building colors and building materials combine to provide
an architectural style of development that will add to the objective of high quality architecture
and building design within the overiay zone; and
8 C. That the project complies with alt development and design criteria of the overiay
zone.
9 D. For gas stations, motel, hotel or restaurant uses on a planned industrial zoned
property: That the proposed use is commercial in nature and therefore subject to the overiay
zone, however, the proposed use is consistent with the intent and purpose of the P-M zone
whose primary purpose is not to cater directly to the general public, and allows certain
11 commercial uses which cater to, and are ancillary to the uses allowed in the P-M zone,
E. For recreation vehicle (RV) parks, overnight RV parking, campgrounds or
12 overnight campsite uses: That the proposed use complies with all the provisions of Section
21.42.010(2)(H)(a) through (e) of this title.
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SECTION CXL: That the list of sections in Chapter 21.210 of the Carisbad
Municipal Code is amended to read as follows:
21.210.010 Purpose and intent.
21.210.020 Definitions.
21.210.030 Applicability.
21.210.040 Habitat preservation requirements.
21.210.050 Habitat management requirements.
21.210.060 Permits required.
21.210.070 Minor HMP permit and HMP permit.
21.210.075 Incidental take permit.
21.210.080 Habitat management plan amendment.
21.210.090 Guidelines.
21 21.210.100 Enforcement measures—Violations and remedies.
22 SECTION CXLI: That Section 21.210.070 of the Carisbad Municipal Code is
23 amended to read as follows:
24 21.210.070 Minor HMP permit and HMP permit.
A. A minor HMP permit or HMP permit shall be required for any development
25 project which directly or indirectly impacts natural habitat in accordance with the procedures set
forth in this section.
26 1 • A minor HMP permit shall be required, except as specified in subsection A.2 of
this section.
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2. A HMP permit shall be required if the permit application is processed
concurrently with any other permit for which the planning commission or city council is the
2 decision-making authority.
B. Application and fees.
3 1. An application for a minor HMP permit or HMP permit may be made by the
record owner or owners of the property affected by the development project or the authorized
4 agent of the owner or owners. The application shall:
a. Be made in writing on a form provided by the city planner.
5 b. State fully the circumstances and conditions relied upon as grounds for the
application. ^
6 c. Be accompanied by:
A legal description of the property involved.
i Adequate plans that allow for detailed review pursuant to this chapter,
ii. A biological report, which demonstrates compliance with this chapter and
8 includes the information specified in subsection C of this section,
iv. All other materials as specified by the city planner.
9 2. At the time of filing the application, the applicant shall pay the application fee
contained in the most recent fee schedule adopted by the city council.
10 C. Biological report.
1. The biological report shall be prepared by a biologist. The report shall identify:
11 a. The location and quantifies of all habitat and vegetation on the property (or any
off-site work area).
12 b. The location of any covered species,
c. The location of any off-site wetland, riparian habitat, oak woodland, nesting
13 raptors or narrow endemic species located within one hundred feet of the property.
2. If the biological survey is conducted outside the acceptable time of year for
14 identifying narrow endemic species, but the biologist identifies that narrow endemic species
could be present on the property, then surveys for narrow endemic species must be conducted
15 during the acceptable time of year in accordance with wildlife agencies protocols, if such
protocols exist. The processing of the HMP permit application will be held in abeyance until the
applicant submits subsequent surveys conducted during the acceptable time ofthe year.
3. For projects located in a proposed hardline area, a map shall be submitted
showing the precise boundary of the proposed development area and the proposed preserve
area consistent with the proposed hardline preserve area figures contained in the HMP.
4. For projects located in the standards areas, an analysis shall be submitted which
exactly and cleariy identifies:
a. How the project complies with the standards and conditions contained in the
2Q HMP, MHCP, and IA, and any applicable permit conditions in the NCCP and 10(a)1(B) permits;
b. The hardline preserve boundaries which would result from compliance with the
standards; and
c. How the project is being located on the least biologically sensitive portion of the
22 property.
5. For projects which impact narrow endemic species, the following information
23 shall be provided:
a. A graphic depiction of all narrow endemic species located on the property where
24 the development project is located;
b. A written biological description of the status of the narrow endemic species;
25 c. Quantification of both preservation of narrow endemic species and impacts to
narrow endemic species associated with the project including direct and indirect effects on an
25 area and individual plant basis;
d. A written report of the feasibility or infeasibility of total avoidance of narrow
27 endemic species population(s);
28
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1 e. A written description of project design features that reduce indirect effects such
as edge treatments, landscaping, elevation differences, minimization and/or compensation
2 through restoration or enhancement and consistently with the MHCP adjacency standards.
6. For projects which impact wetlands, the following information shall be provided:
3 a. A graphic depiction of all wetlands located on the property where the
development project is located;
4 b. A written biological description of the status of the wetlands;
c. Quantification of proposed impacts to wetlands associated with the project;
5 d. Written analysis of the inability to avoid impacts to wetlands;
e. Written description of project design features that minimize impacts to wetlands
6 including buffers as described in Section 7-11 of the HMP.
7. An analysis of how the development project complies with the additional
7 preservation conditions contained in Section 21.210.040(D) of this chapter.
8. A description of proposed additional mitigation consistent with Sections
21.210.040(C) and (E) ofthis chapter.
9. Any other information, data or analysis deemed necessary by the city planner.
9 D. Notices and hearings.
1. Notice of an application for a minor HMP permit shall be given pursuant to the
10 provisions of Sections 21.54.060.B and 21.54.061 of this title.
2. Notice of an application for a HMP permit shall be given pursuant to the
11 provisions of Sections 21.54.060.A and 21.54.061 of this title.
E. Decision-making authority.
12 1. Applications for minor HMP permits and HMP permits shall be acted upon in
accordance with the following:
13 a. Minor HMP permit,
i. An application for a minor HMP permit may be approved, conditionally approved
14 or denied by the city planner based upon his/her review of the facts as set forth in the
application, ofthe circumstances ofthe particular case, and evidence presented at the
15 administrative hearing, if one is conducted pursuant to the provisions of Section 21.54.060.B.2
of this title.
16 ii. The city planner may approve or conditionally approve the minor HMP permit if
all of the findings of fact in subsection F of this section are found to exist.
b. HMP permit.
i. An application for a HMP permit may be approved, conditionally approved or
denied by the planning commission or city council, as specified in Section 21.54.042 of this title.
ii. The decision on a HMP permit shall be based upon the decision-making
authority's review of the facts as set forth in the application, of the circumstances of the
particular case, and evidence presented at the public hearing.
iii. The decision-making authority shall hear the matter, and may approve or
^. conditionally approve the HMP permit if all of the findings of fact in subsection F of this section
are found to exist.
F. Required Findings.
1. No minor HMP permit or HMP permit shall be approved unless the decision-
23 making authority finds that:
a. The development project complies with the purpose and intent provisions of
24 Section 21.210.010 ofthis chapter.
b. The proposed development is in compliance with all provisions of the Carisbad
25 habitat management plan (HMP), the implementing agreement, the multiple habitat
conservation plan (MHCP), the natural community conservation plan (NCCP) and 10(a)1(B)
25 permit conditions, the preservation requirements set forth in Section 21.210.040 ofthis chapter
and the management requirements set forth in Section 21.210.050 ofthis chapter.
27 c. The project design as approved by the city has avoided and minimized impacts
to habitat and covered species to the maximum extent feasible.
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d. If applicable, the take of covered species is consistent with the citywide incidental
take permit issued for the HMP, will be incidental to othenA/ise lawful activities related to
construction and operation of the project and will not appreciably reduce the likelihood of
survival and recovery of the species.
G. Announcement of decision and findings of fact.
1. When a decision on a minor HMP permit or HMP permit is made pursuant to this
chapter, the decision-making authority shall announce its decision in writing in accordance with
the provisions of Section 21.54.120 ofthis title.
H. Effective date and appeals.
a. Decisions on minor HMP permits and HMP permits shall become effective unless
appealed in accordance with the applicable provisions of Sections 21.54.140 and 21 54 150 of
this title.
I. Expiration, extensions and amendments.
1. The expiration period for an approved minor HMP permit or HMP permit shall be
as specified in Section 21.58.030 ofthis title.
2. The expiration period for an approved minor HMP permit or HMP permit may be
extended pursuant to Section 21.58.040 ofthis title.
3. An approved minor HMP permit or HMP permit may be amended pursuant to the
provisions of Section 21.54.125 of this title.
SECTION CXLIl:
Code as follows:
That Section 21.210.075 is added to the Carlsbad Municipal
21.210.075 Incidental Take Permit.
A. If a development project impacts a HMP covered species and an incidental take
permit is required under the authority of the citywide incidental take permit issued for the HMP,
the city planner shall have the authority to issue the take permit as long as a minor HMP permit
or HMP permit has been approved for the project.
SECTION CXLIII: That the findings of the Planning Commission in Planning
Commission Resolution No. 6858 shall constitute the findings ofthe City Council.
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EFFECTIVE DATE: This ordinance shall be effective thirty days after its
adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be
published at least once in a publication of generai circulation in the City of Carisbad within
fifteen days after its adoption. {Notwithstanding the preceding, this ordinance shall not be
effective until approved by the Califomia Coastal Commission.)
INTRODUCED AND FIRST READ at a regular meeting of the Carisbad City
Council on the 10* day of April 2012, and thereafter.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carisbad on the 24**^ day of April 2012, by the following vote, to wit:
AYES: Council Members Hall, Kulchin, Blackburn and Packard.
NOES: None.
ABSENT: Council Member Douglas.
ABSTAIN: None.
APPROVED AS TO FORM AND LEGALITY
RONALD R. BALL, City Attorney
MAtfhALL, Mayor
ATTEST:
66b, City Clerk T^^"-?
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Dated: 4- eo 2_
(Seal)
owl or,/
........
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*
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CERTIFICATION OF POSTING AND PUBLICATION OF
ORDINANCE NO. CS-178
Section 36933 (c) of the Government Code provides that a summary of an
Ordinance may be published in lieu of the full text, providing the summary is
published and a certified copy of the full text is posted in the Office of the City
Clerk at least five days prior to the Council Meeting at which the Ordinance is
adopted.
Section 36933 (c) also requires that, within 15 days of the adoption of the
Ordinance, a summary be published, showing the vote for and against the
Ordinance, and a certified copy of the Ordinance be posted in the Office of the
City Clerk.
Therefore, in accordance with Section 36933 (c) of the Government
Code, I do hereby certify as follows:
1.) That the adoption of Ordinance No. CS-178 is to be considered
at the City Council Meeting to be held on the 24th day of April,
2012.
2.) That a certified copy of the full text of Ordinance No. CS-178 was
posted in the City Clerk's Office on the 20th day of April, 2012.
3.) That a summary of the Ordinance was published in the Coast
News, on the 20th day of April, 2012.
A'''—' FREISIN , Senior Deputy Clerk
Certification of Posting and Publication of Ordinance No. CS-178
Page 2
4.) That Ordinance No. CS-178 was adopted on the 24th day of
April 2012.
5.) That a certified copy of the full text of Ordinance No.CS-178,
showing the names of those who voted in favor and against the
Ordinance was posted in the City Clerk's Office on the 24th day
of April 2012.
6.) That a summary of the Ordinance, showing the names of those
who voted in favor of and against the Ordinance was published
in the Coast News on the 4th day of May 2012.
SHERRY FREISINGER epu Clerk
Dated:
(Seal)