HomeMy WebLinkAbout2022-09-27; City Council; ; Adoption of Ordinances Nos. CS-431 and CS-432 – 2022 Zoning Ordinance Cleanup - Various Amendments to the Carlsbad Municipal Code and Local Coastal ProgramCA Review CKM
Meeting Date: Sept. 27, 2022
To: Mayor and City Council
From: Scott Chadwick, City Manager
Staff Contact: Faviola Medina, City Clerk Services Manager
faviola.medina@carlsbadca.gov, 442-339-5989
Subject: Adoption of Ordinances Nos. CS-431 and CS-432 – 2022 Zoning
Ordinance Cleanup - Various Amendments to the Carlsbad Municipal
Code and Local Coastal Program
Districts: All
Recommended Action
Adoption of two ordinances amending the Carlsbad Municipal Code and Local Coastal Program:
1.Ordinance No. CS-431 adopting amendments to the Carlsbad Municipal Code Title 5
(Business Licenses and Regulations) to ensure consistency with state law related to child
day care homes.
2.Ordinance No. CS-432 adopting amendments to Carlsbad Municipal Code Title 15
(Grading and Drainage Ordinance) and Title 21 (Zoning Ordinance) to complete various
miscellaneous cleanup amendments to the Carlsbad Municipal Code. The amendments
include a Local Coastal Program Amendment.
Executive Summary/Discussion
This action would make two changes to the city’s Zoning Ordinance to codify interpretations
and department policies relative to grading review, modify municipal code sections to
implement requirements of the city’s Housing Element, and make other minor revisions to help
improve regulatory transparency and implementation. Additionally, this action would make a
change to the code section that governs business licenses to make it compliant with current
state law. These changes are intended to improve the usability of the code for staff and
customers, implement state law and resolve inconsistencies.
Ordinance Nos. CS-431 and CS-432 were introduced and first read at the City Council meeting
held on Sept. 13, 2022. On a motion by Mayor Pro Tem Blackburn, seconded by Council
Member Bhat-Patel, the City Council voted 4-0-1, with Mayor Hall absent, to introduce
Ordinance Nos. CS-431 and CS-432. The second reading allows the City Council to adopt the
ordinance, which will become effective 30 days after its adoption. For Ordinance No. CS-432, in
areas inside the Coastal Zone, the ordinance will become effective 30 days after its adoption or
upon Coastal Commission approval of the local coastal program amendment, LCPA 2022-0014,
whichever occurs later.
Sept. 27, 2022 Item #7 Page 1 of 23
Fiscal Analysis
There is no anticipated fiscal impact from this action.
Next Steps
The City Clerk Services Manager will have the ordinance, or a summary of the ordinance,
published in a newspaper of general circulation within 15 days following adoption of the
ordinances.
Environmental Evaluation
The proposed project includes 15 separate amendments to the Carlsbad Municipal Code,
including the Zoning Ordinance. Given the diverse nature of the amendments, separate
exemptions under the California Environmental Quality Act are applicable and are found in
Exhibit 3.
Public Notification
This item was noticed in keeping with the Ralph M. Brown Act and it was available for public
viewing and review at least 72 hours before the scheduled meeting date.
Exhibits
1.Ordinance No. CS-431
2.Ordinance No. CS-432
3.Environmental evaluation
Sept. 27, 2022 Item #7 Page 2 of 23
ORDINANCE NO. CS-431
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, ADOPTING AMENDMENTS TO CARLSBAD MUNICIPAL CODE
TITLE 5 (BUSINESS LICENSES AND REGULATIONS) TO ENSURE CONSISTENCY
WITH STATE LAW RELATED TO CHILD DAY CARE HOMES
CASE NAME:
CASE NO:
2022 ZONING ORDINANCE CLEANUP
MCA 2022-0004
WHEREAS California Governor Gavin Newsom signed Senate Bill 234 Family Daycare Homes into
law, which amended state law related to child day care homes, including a prohibition on local agencies
from requiring a business license for family day care homes; and
WHEREAS, the above legislative bill took effect Jan. 1, 2020, and existing provisions of the City
of Carlsbad Municipal Code are inconsistent with the new law provisions; and
WHEREAS, the City Planner has prepared a Municipal Code Amendment MCA 2022-0004, to
amend Section 5.04.080 of the Carlsbad Municipal Code as necessary to comply with amended state
law as described above; and
WHEREAS the City Council of the City of Carlsbad held a duly noticed public hearing as
prescribed by law to consider MCA 2022-0004; and
WHEREAS at said public hearing, upon hearing and considering all testimony and arguments, if
any, of all persons desiring to be heard, the City Council considered all factors, including written public
comments, if any, related to MCA 2022-0004;
NOW, THEREFORE, the City Council of the City of Carlsbad, California, ordains as follows:
1.The above recitations are true and correct.
2.That Section 5.04.080 of the Carlsbad Municipal Code is amended as shown below:
5.04.080 Exemptions.
Nothing in this title shall be deemed or construed to apply to any person conducting any of the
following businesses:
A.Any business exempt by virtue of the United States Constitution or statutes of the United States
or of the State of California from the payment of such taxes as are prescribed in this title;
B.Any business conducted under a written franchise from the city;
C.Any business which is conducted, managed or carried on only for charitable, fraternal or
educational purposes, or from which profit is not derived, either directly or indirectly, by any person.
D.Small or large family day care homes (defined: Sections 21.04.147 and 21.04.128), pursuant to
California Health & Safety Code Section 1597.46.
Exhibit 1
Sept. 27, 2022 Item #7 Page 3 of 23
EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; and the City
Clerk shall certify the adoption of this ordinance and cause the full text of the ordinance or a summary
of the ordinance prepared by the City Attorney to be published at least once in a newspaper of general
circulation in the City of Carlsbad within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the 13th
day of September, 2022, and thereafter
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 27th day of September, 2022, by the following vote, to wit:
AYES:
NAYS:
Hall, Blackburn, Bhat-Patel, Acosta, Norby.
None.
ABSENT: None.
APPROVED AS TO FORM AND LEGALITY:
�le.�
CINDIE McMAHON, City Attorney
MATT HALL, Mayor
r-FAVIOLA MEDINA, City Clerk Services Manager
(SEAL)
Sept. 27, 2022 Item #7 Page 4 of 23
ORDINANCE NO. CS-432
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA ADOPTING AMENDMENTS TO CARLSBAD MUNICIPAL CODE
TITLE 15 (GRADING AND DRAINAGE ORDINANCE) AND TITLE 21 (ZONING
ORDINANCE) TO COMPLETE VARIOUS MISCELLANEOUS CLEANUP
AMENDMENTS TO THE CARLSBAD MUNICIPAL CODE. THE AMENDMENTS
ALSO INCLUDE A LOCAL COASTAL PROGRAM AMENDMENT
CASE NAME:
CASE NO:
2022 ZONING ORDINANCE CLEANUP
MCA2022-0004/ZCA2022-0002/LCPA 2022-0014
WHEREAS the City Planner has prepared amendments to the Carlsbad Municipal Code and Local
Coastal Program (MCA 2022-0004/ZCA 2022-0002/LCPA 2022-0014)) pursuant to Chapter 21.52 of the
Carlsbad Municipal Code, Section 30514 of the Public Resources Code, and Section 13551 of California
Code of Regulations Title 14, Division 5.5; and
WHEREAS the Carlsbad Municipal Code Title 21 (Zoning Ordinance) and Section 15.16 of Title
15 (Grading and Drainage Ordinance) are part of the Carlsbad Local Coastal Program Implementation
Plan, and therefore, amendments to Title 21 and Section 15.16 also constitute amendments to the
Local Coastal Program; and
WHEREAS, pursuant to California Coastal Commission Regulations, a six-week public review
period for the Local Coastal Program Amendment began May 20,2022 and ending on July 1, 2022; and
WHEREAS, on June 10, 2022, the Airport land Use Commission reviewed and found that the
proposed amendments are consistent with the adopted McClellan-Palomar Airport Land Use
Compatibility Plan; and
WHEREAS, on June 15, 2022, the Planning Commission held a duly noticed public hearing as
prescribed by law to consider ZCA 2022-0002/LCPA 2022-0014; and
WHEREAS the Planning Commission adopted Planning Commission Resolution No. 7452
recommending to the City Council that ZCA 2022-0002/LCPA 2022-0014 be approved; and
WHEREAS the City Council of the City of Carlsbad held a duly noticed public hearing as
prescribed by law to consider MCA2022-0004/ZCA 2022-0002/LCPA 2022-0014; and
WHEREAS at said public hearing, upon hearing and considering all testimony and arguments, if
any, of all persons desiring to be heard, the City Council considered all factors, including written public
comments, if any, related to MCA2022-0004/ZCA 2022-0002/LCPA 2022-0014; and
Sept. 27, 2022 Item #7 Page 5 of 23
Exhibit 2
NOW, THEREFORE, the City Council of the City of Carlsbad, California, ordains as follows:
1.The above recitations are true and correct.
2.The findings of the Planning Commission in Planning Commission Resolution No. 7452
shall also constitute the findings of the City Council.
3.That Section 15.16.060 of the Carlsbad Municipal Code is amended as shown below:
15.16.060 Work exempt from grading permit.
A.A grading permit shall not be required for the following:
1.Cemetery graves.
2.Refuse disposal sites controlled by other regulations.
3.Excavations for wells, tunnels, utilities, or swimming pools/spas.
4.Exploratory excavations under the direction of soil engineers or engineering geologists.
5.Clearing and grubbing of vegetation done for the purpose of routine landscape
maintenance, the removal of dead or diseased trees or shrubs or the removal of
vegetation done upon order of the fire marshal to eliminate a potential fire hazard or
for the abatement of weeds.
6.Clearing and grubbing of vegetation done preparatory to agricultural operations on
land which has been used for agricultural purposes within the previous five years.
7.Grading on a site where the city engineer finds that the following conditions exist:
a.The amount of soil material moved does not exceed 200 cubic yards (excluding
excavation for basements, foundations and footings);
b.No fill material is placed on an existing slope steeper than five units horizontal
to one vertical;
c.No cut or fill material exceeds four feet in vertical depth at its deepest point,
measured from the existing ground surface.
8.Grading in an isolated, self-contained area.
9.Grading associated with stem wall construction.
10.Retaining walls with a maximum height of 6 feet and the soil material moved does not
to exceed 200 cubic yards.
4.That Chapter 21.04 of the Carlsbad Municipal Code is amended by the addition of a new
section as shown below:
21.04.140.6 Employee housing, small.
Pursuant to Cal. Health and Safety Code§ 17008, employee housing, small means any portion of any
housing accommodation, or property upon which a housing accommodation is located, maintained in
connection with any work or place where work is being performed, whether or not rent is involved,
where such housing provides accommodations for six or fewer persons.
5.That Section 21.04.145 of the Carlsbad Municipal Code is amended as shown below:
Sept. 27, 2022 Item #7 Page 6 of 23
21.04.145 Family.
"Family" means one or more persons living together in a dwelling unit, with common access to, and
common use of all living, kitchen, and eating areas within the dwelling unit. Residents and operators
of a residential care facility or employee housing serving six or fewer persons shall be considered a
family for purposes of any zoning regulation relating to residential use of such facilities.
6.That Section 21.04.147 of the Carlsbad Municipal Code is amended as shown below:
21.04.147 Family day care home, large.
"Large family day care home" means a dwelling which provides family day care for seven to fourteen
children, inclusive, including children under the age of ten years who reside at the home as defined
by Section 1596.78 of the California Health and Safety Code and permitted by the licensing agency.
7.That Section 21.04.148 of the Carlsbad Municipal Code is amended as shown below:
21.04.148 Family day care home, small.
"Small family day care home" means a dwelling which provides family day care for eight or fewer
children, including children under the age of ten years who reside at the home as defined in Section
1596. 78 of the California Health and Safety Code and permitted by the licensing agency.
8.That Section 21.04.281 of the Carlsbad Municipal Code is amended as shown below:
21.04.281 Nonconforming residential use.
"Nonconforming residential use" means a residential use which was lawfully established and
maintained, but which exceeds the maximum density range of the underlying general plan land use
designation.
9.That Chapter 21.04 of the Carlsbad Municipal Code is amended by the addition of a new
section as shown below:
21.04.291.1 Personal services.
"Personal Services" means uses that include but are not limited to dry cleaners, beauty and barber
shops, day spas, cosmetic services, nail salons, shoe/garment repair, massage therapy, etc.
10.That Chapter 21.04 of the Carlsbad Municipal Code is amended by the addition of a new
section as shown below:
Sept. 27, 2022 Item #7 Page 7 of 23
21.04.305.5 Small wireless facilities.
Small wireless facilities (SWF), consistent with FCC regulations in 47 C.F.R. §§ 1.6002(1), are wireless
communication facilities that meet each of the following conditions:
A.The facilities-
1.Are mounted on structures 50 feet or less in height including their antennas as defined
in section l.1320(d), or
2.Are mounted on structures no more than 10 percent taller than other adjacent
structures, or
3.Do not extend existing structures on which they are located to a height of more than
50 feet or by more than 10 percent, whichever is greater;
B.Each antenna associated with the deployment, excluding associated antenna equipment (as
defined in the definition of antenna in section 1.1320(d)), is no more than three cubic feet in
volume;
C.All other wireless equipment associated with the structure, including the wireless equipment
associated with the antenna and any pre-existing associated equipment on the structure, is no
more than 28 cubic feet in volume;
D.The facilities do not require antenna structure registration under 47 CFR Part 17;
E.The facilities are not located on Tribal lands, as defined under 36 CFR 800.16(x); and
F.The facilities do not result in human exposure to radiofrequency radiation in excess of the
applicable safety standards specified in section 1.1307(b).
11.The permitted use tables in each of the following sections are amended by the addition
of the new use listing as shown below:
21.08.020 Permitted uses, Table A.
21.09.020 Permitted uses, Table A.
21.10.020 Permitted uses, Table A.
21.12.020 Permitted uses, Table A.
21.16.020 Permitted uses, Table A.
21.18.020 Permitted uses, Table B.
21.20.010 Permitted uses, Table A.
21.22.020 Permitted uses, Table A.
21.24.020 Permitted uses, Table A.
21.37.020 Permitted uses, Table A.
Use
Employee housing (serving six or fewer persons)
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Sept. 27, 2022 Item #7 Page 8 of 23
12.That Section 21.10.050 of the Carlsbad Municipal Code is amended as shown below:
21.10.050 Building height.
In the R-1 zone no building shall exceed a height of thirty feet and two stories if a minimum roof pitch
of 3:12 is provided or twenty-four feet and two stories if less than a 3:12 roof pitch is provided for
lots under twenty thousand square feet. Single-family residences on lots with a lot area of twenty
thousand square feet or greater and within a R-1 zone and specifying a -20 or greater area zoning
symbol shall not exceed thirty-five feet and three stories with a minimum roof pitch of 3:12 provided,
or twenty-nine feet and three stories if less than a 3:12 roof pitch is provided.
13.That the following sections of the Carlsbad Municipal Code are amended as shown
below:
21.08.060 Placement of buildings
21.10.080 Placement of buildings
21.12.060 Placement of buildings
21.16.060 Placement of buildings
A.Placement of buildings on any lot shall conform to the following, except as otherwise
permitted for accessory dwelling units (or junior accessory dwelling units where permitted)
pursuant to Section 21.10.030:
1.Interior Lots.
a.No building shall occupy any portion of a required yard;
b.Any building, any portion of which is used for human habitation, shall observe a
distance from any side lot line the equivalent of the required side yard on such
lot and from the rear property line the equivalent of twice the required side
yard on such lot;
c.All accessory structures shall comply with the following development
standards:
i.The lot coverage shall include accessory structures in the lot coverage
calculations for the lot,
ii.When proposed on a lot adjoining native vegetation, accessory
structures within a fire suppression zone must be reviewed and
approved by the fire department,
iii.Buildings shall not exceed one story,
iv.Building height shall not exceed fourteen feet if a minimum roof pitch of
3:12 is provided or ten feet if less than a 3:12 roof pitch is provided;
d.Habitable detached accessory structures shall comply with all requirements of
the zone applicable to placement of a dwelling unit on a lot including setbacks;
e.Detached accessory structures which are not dwelling units and contain no
habitable space, including, but not limited to, garages, workshops, tool sheds,
decks over thirty inches above grade and freestanding patio covers shall
comply with the following additional development standards when located
within a lot's required setback areas:
Sept. 27, 2022 Item #7 Page 9 of 23
i.The maximum allowable building area per structure shall not exceed a
building coverage of four hundred forty square feet,
ii.The following setbacks shall apply: a front yard setback of twenty feet, a
rear yard setback of five feet, a side yard setback of five feet and an
alley setback of five feet,
iii.The maximum plumbing drain size shall be one and one-half inches in
diameter so as to prohibit toilets, showers, bathtubs and other similar
fixtures,
iv.The additional development standards listed above (subsections
(A)(l)(g)(i) through (iii) of this section) shall apply to the entire subject
accessory structure, not just the portion encroaching into a lot's setback
area; and
f.The provisions of this section are applicable notwithstanding the permit
requirements contained in Section 18.04.015.
2.Corner Lots and Reversed Corner Lots.
a.No building shall occupy any portion of a required yard;
b.Any building, any portion of which is used for human habitation, shall observe a
distance from the rear property line the equivalent of twice the required
interior side yard on such lot;
c.All accessory structures shall comply with the following development
standards:
i.The lot coverage shall include accessory structures in the lot coverage
calculations for the lot,
ii.When proposed on a lot adjoining native vegetation, accessory
structures within a fire suppression zone must be reviewed and
approved by the fire department,
iii.Buildings shall not exceed one story,
iv.Building height shall not exceed fourteen feet if a minimum roof pitch of
3:12 is provided or ten feet if less than a 3:12 roof pitch is provided;
d.Habitable detached accessory structures shall comply with all requirements of
the zone applicable to placement of a dwelling unit on a lot including setbacks;
e.Detached accessory structures which are not dwelling units and contain no
habitable space, including, but not limited to, garages, workshops, tool sheds,
decks over thirty inches above grade and freestanding patio covers shall
comply with the following additional development standards when located
within a lot's required setback areas:
i.The maximum allowable building area per structure shall not exceed a
building coverage of four hundred forty square feet,
ii.The following setbacks shall apply: a front yard setback of twenty feet, a
rear yard setback of five feet, a side yard setback of five feet, a street
side yard setback of five feet and an alley setback of five feet,
iii.The maximum plumbing drain size shall be one and one-half inches in
diameter so as to prohibit toilets, showers, bathtubs and other similar
fixtures,
Sept. 27, 2022 Item #7 Page 10 of 23
iv.The additional development standards listed above (subsections
(A)(2)(g)(i) through (iii) of this section) shall apply to the entire subject
accessory structure, not just the portion encroaching into a lot's setback
area; and
f.The provisions of this section are applicable notwithstanding the permit
requirements contained in Section 18.04.015.
14.That Table A of Section 21.18.020 is amended by the addition of a new use listing for
"Personal services ... " as shown below, and by the deletion of the use listing for "Services,
provided directly to consumers ... ":
Use
Personal services (defined: section 21.04.291.1)
Use
15.That Table A of Section 21.26.010 is amended to read as follows:
Accountants
Adult and/or senior daycare and/or recreation facility (private/non-private)
Alcoholic treatment centers
Amusement parks
Arcades-coin-operated (subject to Section 21.42.140(B)(15); defined: Section 21.04.091)
Athletic clubs, gymnasiums, health clubs, and physical conditioning businesses
Attorneys
Banks and other financial institutions without drive-thru facilities
Bakeries
Biological habitat preserve (subject to Section 21.42.140(B)(30); defined:
Section 21.04.048)
Book or stationery stores
Child day care centers, subject to the provisions of Chapter 21.83 of this title
Churches, synagogues, temples, convents, monasteries, and other places of worship
Clubs-nonprofit, business, civic, professional, etc. (defined: Section 21.04.090)
Columbariums, crematories, and mausoleums (not within a cemetery)
Delicatessen (defined: Section 21.04.106)
Doctors, dentists, optometrists, chiropractors and others practicing the healing arts for
human beings, and related uses such as oculists, pharmacies (prescription only),
biochemical laboratories and x-ray laboratories
Dressmaking or millinery shops
Drive-thru facility (not restaurants)
Drugstores
Dry goods or notion stores
Educational facilities, other (defined: Section 21.04.137)
Educational institutions or schools, public/private (defined: Section 21.04.140)
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Sept. 27, 2022 Item #7 Page 11 of 23
Use p CUP Ace
Engineers, architects and planners X
Fairgrounds 3
Farmworker housing complex, small (subject to Section 21.10.125; defined: 1
Section 21.04.148.4)
Florist shops X
Fortunetellers, as defined in Section 5.50.010 X
Gas stations (subject to Section 21.42.140(8)(65)) 2
Greenhouses> 2,000 square feet (subject to Section 21.42.140(8)(70)) 1
Grocery or fruit stores X
Hardware stores X
Hospitals (defined: Section 21.04.170) 2
Hospitals (mental) (defined: Section 21.04.175) 2
Hotels and motels (subject to Section 21.42.140(8)(80)) 3
Institutions of a philanthropic or eleemosynary nature, except correctional or mental X
Jewelry stores X
Laundries or clothes cleaning agencies X
Liquor store (subject to Section 21.42.140(8)(85); defined: Section 21.04.203) 2
Meat markets X
Mobile buildings (subject to Section 21.42.140(8)(90); defined: Section 21.04.265) 1
Outdoor dining (incidental) (subject to Section 21.26.013; defined: Section 21.04.290.1) X
Packing/sorting sheds> 600 square feet (subject to Section 21.42.140(8)(70)) 1
Paint stores X
Parking facilities (primary use) (i.e., day use, short-term, nonstorage) 1
Pawnshops (subject to Section 21.42.140(8)(105)) 3
Personal services (defined: section 21.04.291.1) X
Pet supply shops X
Pool halls, billiards parlors (subject to Section 21.42.140(8)(110); defined: 2
Section 21.04.292)
Private clubs, fraternities, sororities and lodges, excepting those the chief activity of X
which is a service customarily carried on as a business
Public meeting halls, exhibit halls, and museums 2
Public/quasi-public buildings and facilities and accessory utility buildings/facilities 2
(defined: Section 21.04.297)
Racetracks 3
Radio/television/microwave/broadcast station/tower 2
Realtors X
Recreation facilities 1
Recycling collection facilities, large (subject to Chapter 21.105 of this title; defined: 2
Section 21.105.015)
Recycling collection facilities, small (subject to Chapter 21.105 of this title; defined: 1
Section 21.105.015)
Religious reading room (separate from church) 1
Residential uses (subject to Section 21.26.015 of this title) X
Restaurants (bona fide public eating establishment) (defined: Section 21.04.056) X
Restaurants (excluding drive-thru restaurants), tea rooms or cafes (excluding dancing or X
entertainment and on-sale liquor)
Sept. 27, 2022 Item #7 Page 12 of 23
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Satellite television antennae (subject to Section 21.53.130-21.53.150; defined: X
Section 21.04.302)
Shoe, clothing or wearing apparel stores X
Signs (subject to Chapter 21.41) X
Stadiums 3
Tattoo parlors (subject to Section 21.42.140(8)(140)) 3
Theaters (motion picture or live) -Indoor 2
Theaters, stages, amphitheaters - Outdoor 3
Thrift shops (subject to Section 21.42.140(8)(150)) 1
Transit passenger terminals (bus and train) 2
Veterinary clinic/animal hospital (small animals) (defined: Section 21.04.378) 1
Welfare and charitable service (private or semi-private) with no permanent residential 1
uses (i.e., Goodwill, Red Cross, Traveler's Aid)
Windmills (exceeding height limit of zone) (subject to Section 21.42.140(8)(160)) 2
Wireless communication facilities (subject to Section 21.42.140{8)(165); defined: 1/2
Section 21.04.379)
Youth organizations (e.g., Boy Scouts, Girl Scouts, Boys and Girls Clubs, YMCA, YWCA, 1
except lodgings)
Note:
1. Any use meeting the definition of an entertainment establishment, as defined in Section 8.09.020 of the Carlsbad Municipal Code (CMC), shall be
subject to the requirements of CMC Chapter 8.09.
Use
16.That Table A of Section 21.28.010 is amended by the addition of a new use listing for
"Personal services ... " as shown below:
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Personal services (defined: section 21.04.291.1) X
Use
17.That Table A of Section 21.29.030 is amended by the addition of a new use listing for
"Personal services ... " as shown below, and by the deletion of the use listing for "Services
(personal), limited to ... ":
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Personal services (defined: section 21.04.291.1) X
Use
18.That Table A of Section 21.31.020 is amended by the addition of a new use listing for
"Personal services ... " as shown below, and by the deletion of the use listing for "Services,
provided directly to consumers ... ":
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Personal services (defined: section 21.04.291.1) X
Sept. 27, 2022 Item #7 Page 13 of 23
19.That subsection A.1 of Section 21.31.060 is amended as shown below:
1.Required eating areas for employees (subject to Section 21.31.080(K));
20.That Section 21.37.090 is amended as shown below:
21.37.090 Design criteria.
A.The following design criteria shall apply to all mobile home parks to the extent permitted
according to California Health and Safety Code §18200, et seq. and §18665 et seq.,
respectively:
1.The overall plan shall be comprehensive, embracing land, buildings for common use or
park service and maintenance, landscaping and their interrelationships, and shall
conform to adopted plans for all governmental agencies for the area in which the
proposed development is located;
2.The plan shall provide for adequate circulation, off-street parking, open recreational
areas and other pertinent amenities. Buildings, structures and facilities for common
use in the park or for service and maintenance of the park shall be well integrated,
oriented and related to the topographic and natural landscape features of the site;
3.The proposed development shall be compatible with existing and planned land use
and with circulation patterns on adjoining properties. It shall not constitute a
disruptive element to the neighborhood or community; and
4.Common areas and recreational facilities shall be located so as to be readily accessible
to the occupants of the dwelling units and shall be well related to any common open
spaces provided.
21.That Section 21.37.100 is amended as shown below:
21.37.100 Development standards.
A.A mobile home park shall comply with the following development standards and any
applicable standards under state law:
1.A mobile home park shall be not less than five acres for a condominium or planned
unit development park and fifteen acres for a rental park;
2.Parking shall be provided subject to the provisions of Chapter 21.44 of this title;
3.Mobile home park streets shall be provided in such a pattern as to provide convenient
traffic circulation within the mobile home park. Such streets shall be built to the
following standards:
a.No roadway shall be less than thirty-four feet in width,
b.There shall be concrete curbs on each side of the streets,
c.The mobile home park streets shall be paved according to standards
established by the city engineer,
d.Mobile home park streets shall be lighted in accordance with the standards
established by the city engineer;
Sept. 27, 2022 Item #7 Page 14 of 23
Use
4.The city council may permit decentralization of the recreational facilities in accordance
with principles of good planning;
5.Common trash-bin enclosures shall be provided. They shall be of masonry construction
and compatible with the mobile home park;
6.Service buildings and facilities shall be strategically located throughout the park for
convenient access from mobile homes. No service building shall be closer than twenty
feet to any property adjacent to the mobile home park;
7.Mobile home parks shall be enclosed by solid masonry fences, six feet in height,
subject to city planner approval, along dedicated street frontages; and
8.All new mobile homes shall bear a valid insignia of approval issued by the State
Department of Housing and Community Development.
22.That within Table A of Section 21.44.020, the number of off-street parking spaces for
the Residential Care Facility use is amended as follows:
Number of Off-Street Parking Spaces
Residential Uses Residential Care Two spaces per unit, provided as either: Facilities •A two-car garage (minimum interior 20 feet x 20 feet); or•Two separate one-car garages (minimum interior 12 feet x 20feet each);
23.That Section 21.42.110 of the Carlsbad Municipal Code is amended as shown below:
21.42.110 Expiration, extensions and amendments.
A.Expiration of Permit if Not Exercised. The expiration period for an approved minor conditional
use permit or conditional use permit shall be as specified in Section 21.58.030 of this title.
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 of the minor conditional use permit or
conditional use permit.
D.All existing conditional use permits, 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 conditional use permit.
E.An approved minor conditional use permit or conditional use permit may be amended
pursuant to the provisions of Section 21.54.125 of this title.
Sept. 27, 2022 Item #7 Page 15 of 23
24.That Table F of Section 21.45.090 is amended as shown below:
Table F
Residential Additions and Accessory Uses to One-Family Dwellings and Twin-Homes on Small Lots
Minimum Front Yard Minimum Side and Rear
Addition/ Accessory Use Setback Yard Setbacks
10 feet to posts 5 feet to posts
Attached/detached patio covers(2l (2-foot overhang (2-foot overhang
permitted) permitted)
Non-habitable detached accessory buildings/structures
(e.g., garages, workshops, decks over 30 inches in 20 feet 5 feet height)(1l,(2L(3l
Habitable detached accessory buildings
(i.e. guest houses and accessory dwelling units)!2l, !3l, !4l Same setbacks as required for the primary dwelling
Additions to dwelling (attached) Same setbacks as required for the dwelling
Notes:
(1)Maximum building height is 1 story and 14 feet with a 3:12 roof pitch or 10 feet with less than a 3:12 roof pitch.
(2)Minimum 10-foot separation required between a habitable building and any other detached accessory
building/structure.
(3)Must be. architecturally compatible with the existing structure.
(4)Except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030.
25.That Chapter 21.53 of the Carlsbad Municipal Code is amended by the addition of a new
section as shown below:
21.53.260 Small wireless facilities {SWF).
Small wireless facilities shall comply with City Council Policy Statement No. 64. An application for an
SWF located on public or private property may be processed as a building permit, and an application
for an SWF located within the public right-of-way of roads may be processed as a right-of-way permit
pursuant to Title 11 of the Carlsbad Municipal Code.
(b)
26.That subsection (b) of Section 21.53.230 of the Carlsbad Municipal Code is amended as
shown below:
Undevelopable Lands.
(1)The following lands are undevelopable and shall be excluded from density calculation:
(A)Beaches;
(B)
(C)
(D)
(E)
(F)
Permanent bodies of water;
Floodways;
Natural slopes with an inclination of greater than 40% except as permitted
pursuant to Section 21.95.140.B of this code;
Significant wetlands;
Significant riparian or woodland habitats;
Sept. 27, 2022 Item #7 Page 16 of 23
(G)Land subject to major power transmission easements;
(H)Railroad track beds;
(2)The following lands are undevelopable but may be included in density calculation,
unless such lands meet any of the criteria listed Section 21.53.230(b)(1).
(A)Land upon which other significant environmental features as determined by the
environmental review process for a project are located;
(B)Hardlined habitat preserve areas as identified in the Carlsbad Habitat
Management Plan.
27.That subsection C of Section 21.54.125 is amended as follows:
C.If an approved development permit was issued pursuant to the provisions of
Section 21.54.040 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.
28.That subsection F of Section 21.83.020 of the Carlsbad Municipal Code is amended as
shown below:
F."Family day care home" means a dwelling which regularly provides non medical care,
protection, and supervision of fourteen or fewer children, in the provider's own home, for
periods of less than twenty-four hours per day, while the parents or guardians are away. The
actual number of children permitted in a family day care home is based on age composition as
determined by the permitting agency. Family day care homes include either of the following:
1."Large family day care home," means a dwelling which provides family day care for
seven to fourteen children, inclusive, including children under the age of ten years who
reside at the home as defined in Section 1596. 78 of the California Health and Safety
Code and as permitted by the licensing agency;
2."Small family day care home," means a dwelling which provides family day care for
eight or fewer children, including children under the age of ten years who reside at the
home as defined in Section 1596.78 of the California Health and Safety Code and as
permitted by the licensing agency.
29.That Section 21.83.040 of the Carlsbad Municipal Code is amended as shown below:
21.83.040 Use chart.
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.
"P" indicates that the use is permitted in the zone.
"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.
Sept. 27, 2022 Item #7 Page 17 of 23
"CUP" indicates that the use is permitted subject to approval of a conditional use permit
(process two) processed in accordance with Chapter 21.42 of this title.
"X" indicates that the use is prohibited in the zone.
Small Family Day Care Large Family Day Care
Home (8 or fewer Home (14 or fewer
Zoning children) children) Child Day Care Center
R-A, R-E, E-A p p X
R-1 p p X
R-2 p p X
R-3, RD-M, R-P p p MCUP(1)(2)
R-T, R-W, RMHP p p X
0 X X MCUP(1)(2)
H-0 X X P{l)
C-F X X MCUP(1)(2)
C-1, C-2, C-L X X P(l)
P-M, C-M X X CUP(4)
M, P-U, 0-5, L-C, T-C, C-T X X X
V-8, P-C (3) (3) (1)(2)(3)
Notes:
(1)Permitted subject to the provisions of Section 21.83.080 of this chapter.
(2)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.
(3)Permitted subject to the standards of the controlling document (Village and Barrio master plan or designated master
plan).
(4)Permitted subject to the provisions of Sections 21.83.060 and 21.83.080 of this chapter.
30.That Section 21.83.050 is amended as shown below:
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.Development Standards.
1.The facility shall comply with all zoning standards otherwise applicable to other
residences, however, the use of a dwelling for the purposes of this section shall not
constitute a change of occupancy for purposes of Title 18 of this code.
2.The facility shall comply with all standards relating to fire and life safety applicable to
residences established by the state fire marshal contained in Title 24 of the California
Code of Regulations as amended from time to time.
3.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. The provider shall stagger the number of children playing
outdoors at any one time to reduce noise impacts on surrounding residences.
Sept. 27, 2022 Item #7 Page 18 of 23
4.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.
5.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 care home rather than parking the vehicles on the street or in the driveway.
6.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.
7.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 shall be made by the applicant to require employees to park as close as
possible to the family day care home.
31.That subsection E.1.b of Section 21.210.070 is amended as shown below:
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 21.54.040 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.
32.That the following list of sections are amended by the substitution of the 1994 General
Plan Land Use designation titles with the updated titles from the 2015 General Plan as
shown in the table below:
21.08.010 Intent and purpose
21.10.010 Intent and purpose.
21.12.010 Intent and purpose.
21.16.010 Intent and purpose.
21.18.010 Intent and purpose.
21.22.010 Intent and purpose.
21.24.010 Intent and purpose.
21.29.010 Intent and purpose.
21.43.020 Definitions.
Sept. 27, 2022 Item #7 Page 19 of 23
1994 General Plan 2015 Gelleral Plan
Land Use Deslanatlon 11tles Land Use Deslanatlon Titles
Residential Low Density (RL) R-1.5 (Residential 0-1.5 du/ac)
Residential Low-Medium Density {RLM) R-4 (Residential 0-4 du/ac)
Residential Medium Density (R-M) R-8 (Residential 4-8 du/ac)
Residential Medium-High Density {RMH) R-15 {Residential 8-15 du/ac)
Residential High Density (RH) R-23 (Residential 15-23 du/ac)
Travel/Recreational Commercial {T-R) Visitor Commercial {V-C)
33.That the following list of sections are amended by the substitution of the 1994 General
Plan Land Use designation labels with updated labels from the 2015 General Plan as
shown in the table below:
21.08.070 Minimum lot area.
21.10.090 Minimum lot area.
21.18.020 Permitted uses.
21.24.020 Permitted uses.
21.24.100 Lot area.
21.45.040 Permitted zones and uses.
21.45.060 General development standards.
21.45.070 Development standards for one-family dwellings and twin-homes on small lots.
21.45.080 Development standards for condominium projects.
21.90.045 Growth management residential control point established.
1994 General Plan 2015 General Plan
Land Use: -on Title Symbols Land Use-:--�--n Tltle Symbols
RL R-1.5
RLM R-4
R-M R-8
RMH R-15
RH R-23
T-R V-C
EFFECTIVE DATE OF THIS ORDINANCE APPLICABLE TO PROPERTIES OUSTIDE THE COASTAL
ZONE: This ordinance shall be effective thirty days after its adoption; and the City Clerk shall certify
the adoption of this ordinance and cause the full text of the ordinance or a summary of the ordinance
prepared by the City Attorney to be published at least once in a newspaper of general circulation in the
City of Carlsbad within fifteen days after its adoption.
Sept. 27, 2022 Item #7 Page 20 of 23
EFFECTIVE DATE OF THIS ORDINANCE APPLICABLE TO PROPERTIES INSIDE THE COASTAL ZONE:
This ordinance shall be effective thirty days after its adoption or upon Coastal Commission approval of
LCPA 2022-0014, whichever occurs later; and the City Clerk shall certify the adoption of this ordinance
and cause the full text of the ordinance or a summary of the ordinance prepared by the City Attorney
to be published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen
days after its adoption.
INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the 13th
day of September, 2022, and thereafter
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 27th day of September, 2022, by the following vote, to wit:
AYES:
NAYS:
Hall, Blackburn, Bhat-Patel, Acosta, Norby.
None.
ABSENT: None.
APPROVED AS TO FORM AND LEGALITY:
U4idaL-� CINDIE McMAHON, CITY ATTORNEY
MATT HALL, Mayor
t!fy LrvFAVIOLA MEDINA, City Clerk Services Manager f -(SEAL)
Sept. 27, 2022 Item #7 Page 21 of 23
Exhibit 3
Environmental Evaluation
The proposed project includes 15 separate amendments to the Carlsbad Municipal Code,
including the Zoning Ordinance. Given the diverse nature of the amendments, separate
exemptions under CEQA are process and noticed as follows:
Amendments 1 – 9 and 11 – 15:
The City Planner has determined that the amendments are exempt from the California
Environmental Quality Act (CEQA) pursuant to the common sense exemption, Section
15061(b)(3) of the CEQA Guidelines, since there would be no possibility of a significant effect on
the environment because:
•The proposed amendments do not directly or indirectly authorize or approve any actual
changes in the physical environment
•Certain amendments are proposed for compliance with state or federal law and the
scope of city discretion is limited
•Requirements that are proposed to be added or deleted are minor in nature
•Certain amendments address errors, inconsistencies and terminology updates
The City Planner issued a notice of intended decision with respect to the exemption. The notice
was circulated to the public for a 10-day period, which began on June 7, 2022 and ended on
June 22, 2022, and no appeal was filed. During the public review period, the city received no
comment letters from the public regarding the prospective environmental
determination. Since no appeal was filed and no substantial evidence was submitted that
would support a finding that the exemption requirements would not be satisfied, the project
was determined by the city planner to not have a significant effect on the environment. The city
planner’s written decision is final.
Amendment 10:
Pursuant to the California Environmental Quality Act, (CEQA, Public Resources Code section
21000 et. seq.), and its implementing regulations (the State CEQA Guidelines), Section 15168
set the criteria for use of a Program Environmental Impact Report (EIR) for later activities to
determine if an additional environmental document must be prepared. Section 15168 (c) (2)
directs a Program EIR to utilize the specific process referenced in Sections 15162 through 15164
that sets forth the criteria for determining the appropriate additional environmental
documentation, if any, to be completed when there is a previously adopted Negative
Declaration (ND) or a previously certified EIR covering the project for which a subsequent
discretionary action is required.
As part of its approval of the Comprehensive General Plan Update on Sept. 22, 2015, the City
Council adopted Resolution 2015-242, certifying EIR 13-02 and adopting Findings of Fact, a
Statement of Overriding Considerations, and a Mitigation Monitoring and Reporting Program.
Sept. 27, 2022 Item #7 Page 22 of 23
Subsequently, on April 6, 2021 the City Council approved an update of the city’s Housing
Element for the 6th cycle (2021 – 2029) by Resolution 2021-073, which included an Addendum
consistent with Section 15164 of the CEQA Guidelines to study impacts of the Goals, Policies,
Programs and Objectives contained in the Housing Element. The Addendum and resolution are
available at: 2021-04-06; City Council; Resolution 2021-073 (carlsbadca.gov) The Addendum
included an evaluation of the Housing Element Goals, Policies, Programs and Objectives that
will be implemented throughout the eight-year housing cycle.
Amendment 10 falls under the scope of the Addendum and is internally consistent with other
provisions of the code, and the land use regulations and requirements set forth in the city’s
General Plan and Local Coastal Program. As these programs were considered in the April 6,
2021 Addendum, there are no cumulative impacts that have not been considered and studied,
and there are no unanticipated environmental impacts or changes in circumstances.
Additionally, there is no "new information of substantial importance" as that term is used in
CEQA Guidelines Section 15162(a)(3) and none of the triggers for a subsequent/supplemental
EIR apply. Therefore, the Addendum to the EIR and certified EIR are adequate without
modification.
On the basis of this analysis, the City Planner has determined that there are no substantial
changes proposed in the project and there are no substantial changes in the circumstances
under which the project will be undertaken that will require major revisions to the previous EIR
due to the involvement of significant new environmental effects or a substantial increase in the
severity of previously identified significant effects.
Sept. 27, 2022 Item #7 Page 23 of 23