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HomeMy WebLinkAbout2024-05-15; Planning Commission; ; 2024 Zone Code Clean UpMeeting Date: May 15, 2024 Item 1 To: Planning Commission Staff Contact: Nicole Morrow, Assistant Planner 442-339-5438, nicole.morrow@carlsbadca.gov Subject: 2024 Zone Code Clean Up Location: Citywide Case Numbers: ZCA 2024-0001, LCPA 2024-0020 (PUB 2024-0005) Applicant/Representative: City of Carlsbad Community Development Department CEQA Determination: ☐Not a Project ☒ Exempt ☐ IS/ND or IS/MND ☐ EIR ☐Other: Permit Type(s): ☐SDP ☐ CUP ☐ CDP ☐ TM/TPM ☐ GPA ☐ REZ ☒ LCPA ☒Other: ZCA CEQA Status: ☐The environmental assessment IS on the Agenda for discussion ☒A CEQA determination was already issued. That decision is final and IS NOT on the Agenda Commission Action: ☐Decision ☒ Recommendation to City Council ☐ Informational (No Action) Recommended Action That the Planning Commission ADOPT a Planning Commission resolution (Exhibit 1) RECOMMENDING APPROVAL of a Zone Code Amendment and a Local Coastal Program Amendment to Title 21 (the Zoning Ordinance) of the Carlsbad Municipal Code to complete various miscellaneous cleanup changes. Project Description The 2024 Zone Code Clean Up (Clean Up) is part of the Planning Division’s work program to maintain the Carlsbad Municipal Code (CMC) for ease of use and accuracy. The Clean Up consists of miscellaneous amendments to Title 21, the city’s Zoning Ordinance, including corrections and updates for the purpose of addressing inconsistencies, updated terminology, and new state regulations. Additionally, the Clean Up is proposed for the purpose of adding or deleting minor requirements and improving the overall clarity and usability of the code. Changes to the CMC other than to the Zoning Ordinance also are proposed; however, these are outside of the Planning Commission’s purview. The proposed amendments apply citywide, do not change allowable uses or intensities and have been Site Map City of Carlsbad May 15, 2024 Item #1 1 of 50 0 determined to be exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3). Background The CMC provides for all the regulatory and administrative ordinances of the City of Carlsbad, California. In the CMC, Titles 15 through 21 provide for the consolidated regulations pertaining to the use, development and/or modification of land within the city. In 2022, the Planning Division initiated a recurring “clean up” work program to review the city’s codes and regulations approximately every two years to minimize errors and ambiguities and to ensure the CMC remains consistent with state law. The first set of clean up amendments was adopted by City Council on Sept.13, 2022. Other project specific changes will continue to be made to the CMC outside of this Clean Up, such as to implement Housing Element programs. Amendments to Title 21, the city’s Zoning Ordinance, require Planning Commission recommendation and City Council adoption. Amendments to ordinances that are part of the Local Coastal Program Implementation Plan (including sections of Title 15, Grading and Drainage, and Title 21), require approval of a Local Coastal Program Amendment by the California Coastal Commission. Exhibit 1 includes draft ordinance language for all Title 21 changes, which are under the Planning Commission’s purview. A strikeout/underline version of the proposed changes to Title 21 is provided as Exhibit 2. Proposed revisions to existing text are shown in order by section number, with strikeout typeface (i.e. strikeout) illustrating deletions and underline typeface (i.e. underline) illustrating new text. The amendments included in the 2024 Zone Code Clean Up related to Title 8 (Public Peace, Morals and Safety); Title 11 (Public Property); and Title 15 (Grading and Drainage) are included in Exhibit 3, Draft Municipal Code Amendment, for reference purposes only since they are not within the Planning Commission’s purview. The proposed CMC Amendments to Titles 8, 11, and 15 are not included in the draft resolution (Exhibit 1) but will be added to the draft ordinance presented to City Council. Purpose The purpose of the 2024 Zone Code Clean Up is to increase the clarity, usability, and consistency of the CMC. Through regular implementation of the zone code, staff have identified certain sections which are unclear or contain errors, inconsistencies, or omissions. At the same time, staff have also proposed to add or delete requirements that improve the clarity and usability of city standards. Additionally, with the annual adoption of new legislation, the CMC must be maintained in order to align the city’s code language with new state requirements. The scope of the Clean Up is designed to be narrow — limited to the revisions described. All of the proposed amendments uphold the goals, policies, and vision of the General Plan and are consistent with the requirements of state and federal law. The proposed amendments generally exclude complex or controversial amendments that are better suited for independent review and/or that require additional environmental analysis. In addition to those general guidelines, amendments proposed as a part of the Clean Up must also align with one of the following criteria categories: Corrections and Updates • Address errors and inconsistencies • Update code references and terminology • Improve regulatory consistency with other city documents and state laws Clarifications • Add and delete ambiguous phrases • Improve code clarity and usability May 15, 2024 Item #1 2 of 50 By maintaining a narrow scope and adhering to a limited criteria, the proposed amendments are consistent with maintenance rather than the initiation of policy changes. Amendments Following review of the CMC, staff prepared a total of 16 amendments to be included in the Clean Up. A description of each of the amendments is listed below. A complete list of the section changes and analysis of each change is included in Exhibit 4, Project Analysis. Amendment Description Amendment 1 Removed Footnote The proposed amendment removes a footnote from Table F of the “Planned Developments” chapter that refers to a section previously deleted by Ordinances CS-432 and CS-449. Amendment 2 Removed “Item B" The proposed amendment removes a reference to “Item B,” a subsection which was omitted from Ordinance CS-178. Amendment 3 Notice of Restriction The proposed amendment removes language regarding Notices of Restriction which are now unenforceable after the adoption of Senate Bill 976. Amendment 4 M and C-M Zone Permitted Uses The proposed amendments make the level of permitting required for educational facilities in the M and C-M zones consistent with other permitted uses in commercial zones. Amendment 5 Permit Expiration The proposed amendment updates the code’s language regarding the expiration of permits and describes the conditions under which a permit is considered exercised. Amendment 6 Home Occupations The proposed amendment updates the code’s language regarding home occupation uses in the R-1 zone to better define permitted activities and applicable standards. The language is referenced by other residential zones. Amendment 7 Mixed Use Development The proposed amendment adds “Mixed Use Development” to the “Permitted Uses” tables of commercial zones already allowing residential uses, consistent with Housing Element Program 1.8(a). Amendment 8 Animal Keeping The proposed amendment updates Table A, “Permitted Uses,” of the R-1 zone to expand the permissions for the keeping of poultry for consistency with other single-family zones. Amendment 9 “OS” Open Space The proposed amendment updates the nomenclature denoting Open Space consistently as “OS” across all of Title 21. Amendment 10 Habitat Removal The proposed amendments update the code’s language to better define conditions which must be met prior to habitat removal and establish the parties responsible for remediating unpermitted clearing. Amendment 11 Housing Standards The proposed amendments update the Inclusionary Housing and Density Bonus ordinances’ language to better define the terms related to unit mix, size, and finish quality and to be consistent with state law. Amendment 12 Agriculture Uses The proposed amendments update “Permitted Uses” tables to include a consolidated “agriculture” use in the E-A,R-A, R-E, and P-U zones, add a definition for “agriculture/aquaculture/flower stands” and update inconsistent terminology related to “agriculture/aquaculture/flower stands” uses in the E-A, R-A, R-E, L-C, P-U and C-T zones. Amendment 13 Substantial Conformance Review The proposed amendment codifies an existing department policy related to consistency determinations, creating Chapter 21.89 titled “Substantial Conformance Review.” May 15, 2024 Item #1 3 of 50 The proposed amendments listed below are amendments to sections outside of Title 21, the city’s Zoning Ordinance, and are therefore not under the purview of the Planning Commission. These items have been included as an informational item as they will be presented directly to City Council for review and consideration. Amendment Description Amendment 14 Mobile Vending The proposed amendment updates the code’s language to better define vending services. Amendment 15 Vending Permits The proposed amendment updates the code’s language to better define when a vending permit is required at park facilities. Amendment 16 Grading Permits The proposed amendment reintroduces language that was removed as part of the 2022 Zone Code Clean Up and better defines grading permit exemptions. Public Outreach & Comment The proposed amendments are intended to be minor in nature and therefore extensive public outreach was not completed. The proposed amendments come from a variety of sources, namely staff identifying errors, constituent inquires, City Planner Determinations, and stakeholder input. The concept for Amendment 13 “21.89 – Substantial Conformance Review” was presented to a group of the city’s industry stakeholders at a meeting held on Feb.22, 2024. Those comments were considered in the final draft ordinance language to provide for clarity of what projects are eligible for consistency determinations. Project Analysis State Law Consistency The Clean Up includes amendments which are established under the city’s regulatory police powers and are therefore required to remain consistency with the statutes of state law. Specific amendments have been included to respond to recently passed legislation, such as Assembly Bill 976, which includes updated requirements for local jurisdictions related to Accessory Dwelling Units (ADUs). A discussion of how the Clean Up is consistent with the applicable state legislation is summarized in Exhibit 4, Project Analysis. General Plan Consistency The City of Carlsbad General Plan includes several goals and policies that guide development and land use within the city. A discussion of how the Clean Up is consistent with the applicable General Plan goals and policies is summarized in Exhibit 4, Project Analysis. Municipal Code Consistency The CMC, most notably Tile 21, includes requirements and provisions that guide development and land use within the city, consistent with the General Plan. Specific compliance with these relevant requirements is described in Exhibit 4, Project Analysis. As noted above, the 2024 Clean Up batch of amendments also proposes CMC Amendments (Titles 8, 11, and 15). Typically, the Planning Commission will not review proposed amendments to Municipal Code because the amendments are not within their purview. However, they have been included herein this staff report for informational purposes because of their relationship and co-dependence to development regulations (grading) or the authorization of temporary land use activities (street vending). Furthermore, the May 15, 2024 Planning Commission meeting will provide additional public input opportunities that can support the development of the final ordinance(s). Compliance with the CMC is also described in Exhibit 4. May 15, 2024 Item #1 4 of 50 Local Coastal Program Consistency The Clean Up applies citywide and is applicable to all sections of the city’s Coastal Zone. The Clean Up complies with the Local Coastal Program as further discussed in Exhibit 4, Project Analysis. State Density Bonus The Clean Up is consistent with state Density Bonus laws in that some of the proposed amendments have been drafted to update the city’s Density Bonus program to be consistent with the language and provisions outlined in the California Health and Safety Code. A discussion of how the Clean Up is consistent with the applicable state regulations is summarized in Exhibit 4, Project Analysis. Inclusionary Housing Ordinance The Clean Up is consistent with state Inclusionary Housing laws in that some of the proposed amendments have been drafted to update the city’s Inclusionary Housing Ordinance to be consistent with the language and provisions outlined in the California Civil Code and the Health and Safety Code. A discussion of how the Clean Up is consistent with the applicable city planning documents and state regulations is summarized in Exhibit 4, Project Analysis. Airport Land Use Compatibility Plan The proposed amendments included in the Clean Up are consistent with the McClellan-Palomar Airport Land Use Compatibility Plan (ALUCP) on the basis that amendments do not materially affect allowable land uses, development standards and do not have implications for ALUCP noise, airspace or safety compatibility. A discussion of how the Clean Up is consistent with the ALUCP is summarized in Exhibit 4, Project Analysis. Discretionary Actions & Findings The amendments included in the Clean Up require approval of certain legislative changes (Zoning Ordinance Amendment and Local Costal Program Amendment), which are discussed below. Zoning Ordinance Amendment (ZCA 2024-0001) The Clean Up proposes various amendments to as well as the adoption of a new chapter in the Zoning Ordinance. As described in Section 21.52.020 of the CMC, the City Planner has the authority to initiate amendments to the city’s code. The purpose of amendments 1-12 are to increase the code’s clarity, usability, and consistency with new state laws. The new chapter proposed as part of Amendment 13 will convert the existing Community Development Department Policy 35 for consistency determinations from policy to code as well as adopt updated standards consistent with new state laws. Further analysis of the content and purpose of each proposed amendment is detailed in Exhibit 4, Project Analysis. Local Coastal Program Amendment (LCPA 2024-0020) The Clean Up applies citywide, including to portions of the city within the Coastal Zone, and therefore requires a Local Coastal Program Amendment. The six-week Local Coastal Program Amendment notice was publicly posted on May 10, 2024. The notice’s appeal period will end on June 21, 2024, prior to which the public will have the opportunity to provide comments on the proposed amendments to the Local Coastal Program. Any comments received will be provided to the City Council as part of its consideration of the Clean Up. Environmental Review In accordance with the California Environmental Quality Act (CEQA) and CEQA Guidelines, the proposed amendments to the Zoning Ordinance and Local Coastal Program were reviewed and determined exempt from CEQA per the common sense exemption, Guidelines Section 15061(b)(3). This exemption applies to projects which clearly do not have the potential for causing a significant effect on the environment. As the Clean Up does not change allowable uses or intensities and does not approve any development, it can be seen with certainty that May 15, 2024 Item #1 5 of 50 there is no possibility that the Clean Up may have a significant effect on the environment, and thus is not subject to CEQA review. A Determination of Exemption regarding the Clean Up’s exemption status was advertised on April 25, 2024 and posted to the city’s website. The notice included a general description of the Clean Up, the proposed environmental findings, and a general explanation of the matter to be considered. The findings and determination contained in that notice were declared as final on the date of the noticed decision, unless appealed as provided by the procedures commencing in Chapter 21.54 (Procedures, Hearings, Notices, and Fees) of the Zoning Ordinance. During the public review period, the city received no comment letters from the public regarding the prospective environmental determination, and no appeal was filed within the 10-day appeal period. Accordingly, the City Planner’s written decision is final and the CEQA determination is not within the Planning Commission’s purview. With the appropriate environmental clearances in place, all the city’s procedural requirements and relevant aspects of CEQA have been satisfied. In making this determination, the City Planner has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines and Chapter 19.04 of the Municipal Code do not apply to the Clean Up. Conclusion Considering the information above and in the referenced exhibits, staff have found that the proposed amendments are consistent with all applicable policies of the General Plan, CMC, Local Coastal Program, and all other applicable regulations. In addition, there are no environmental issues associated with the amendments. Staff recommends the Planning Commission adopt the resolution, recommending approval of the proposed project described in this staff report. Exhibits 1. Planning Commission Resolution 2. Draft Zoning Ordinance Amendment (Title 21) (Strikeout/Underline) 3. Draft Municipal Code Amendment (Titles 8, 11, 15) (Strikeout/Underline) 4. Project Analysis 5. Community Development Policy 35 May 15, 2024 Item #1 6 of 50 PLANNING COMMISSION RESOLUTION NO. 7514 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CODE AMENDMENT AND A LOCAL COASTAL PROGRAM AMENDMENT TO THE ZONING ORDINANCE (TITLE 21) OF THE CARLSBAD MUNICIPAL CODE TO COMPLETE VARIOUS MISCELLANEOUS CLEAN UP CHANGES. CASE NAME: 2024 ZONE CODE CLEANUP CASE NO : ZCA 2024-0001/LCPA 2024-0020 (PUB 2024-0005) WHEREAS, the City Planner has prepared a proposed Zone Code Amendment and Local Coastal Program Amendment pursuant to Section 21.52.020 of the Carlsbad Municipal Code (CMC} to ensure consistency with state law, make miscellaneous and minor edits to clarify, correct, and update standards, and improve the readability of the Zoning Ordinance; and WHEREAS, the City Planner has prepared the Local Coastal Program Amendment as provided in Public Resources Code Section 30514 and Section 13551 of California Code of Regulations Title 14, Division 5.5; and WHEREAS, the Planning Commission, pursuant to CMC Section 21.52.050, is required to review and make recommendations to the City Council for amendments to the Zoning Ordinance; and WHEREAS, the City Planner has determined that the amendments are exempt from the California Environmental Quality Act (CEQA) pursuant to the commonsense exemption, Section 15061(b)(3) of the CEQA Guidelines, since there would be no possibility of a significant effect on the environment; the City Planner issued a CEQA Determination of Exemption notice. The notice was issued for public review on April 25, 2024, with the appeal period ending on May 4, 2024. No appeals of the determination were filed; and WHEREAS, the proposed Zoning Ordinance Amendment and Local Coastal Program Amendment are set forth in the draft City Council Ordinance attached hereto as Attachment A, dated May 15,2024;and WHEREAS, State Coastal Guidelines requires a six-week public review period for any amendment to the Local Coastal Program; and WHEREAS, the project, because it amends standards applicable in the Airport Influence Area, is subject to the Airport Land Use Compatibility Plan for the McClellan-Palomar Airport (ALUCP), dated Jan. 25, 2010, and last amended Dec. 1, 2011; and WHEREAS, the Planning Commission did on the 15th day of May, 2024, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Zone Code Amendment. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) B) C) Findings: That the foregoing recitations are true and correct. The state-mandated six-week review period for LCPA 2024-0020 began May 10, 2024, and will end June 21, 2024; any comments received in response to the LCPA notice will be reported to the City Council; and, That based on the evidence presented at the public hearing, the Planning Commission RECOMMENDS APPROVAL of 2024 ZONE CODE CLEANUP -ZCA 2024-0001/LCPA 2024- 0020, based on the following findings: 1. ZCA 2024-0001/LCPA 2024-0020 is consistent with the General Plan in that it implements policies of various elements, including promoting infill development (Land Use and Community Design Element) by highlighting mixed use development as a permitted use; protecting sensitive habitat (Open Space, Conservation & Recreation Element) through reinforcing requirements that must be met before habitat removal; and protecting public health and welfare (Noise Element) through clarified language regarding the keeping of chickens in residential areas. 2. ZCA 2024-0001/LCPA 2024-0020 reflects sound principles of good planning in that it amends the Carlsbad Municipal Code to ensure consistency with state law, and that the proposed amendments do not conflict with the General Plan and will further the goals and objectives of the General Plan by improving the clarity and consistency of zoning regulations. 3. LCPA 2024-0020 is required to ensure consistency with the Zoning Ordinance. 4. LCPA 2024-0020 meets the requirements of, and is in conformity with, the policies of Chapter 3 of the Coastal Act and all applicable policies of the Carlsbad Local Coastal Program not being -2- Exhibit 2 ZCA 2024-0001/LCPA 2024-0020 (PUB 2024-0005) 2024 ZONE CODE CLEAN UP Dra� revisions to the Carlsbad Municipal Code Title 21 (Zoning Ordinance) NOTE: Proposed changes are shown in strikeout/underline format. Highlights indicate changes approved by the City Council as part of Ordinance CS-432 on Sept. 27, 2022, and Ordinance CS-449 on June 6, 2023, and pending Coastal Commission review. Addi�onally, bracketed, italicized text (e.g., “[text]”) provides clarifica�on where needed. _____________________________________________________________________________________ Amendment 1 1. That Table F of Sec�on 21.45.090 (Planned Developments Zone) of the Carlsbad Municipal Code and the table’s footnotes are amended by dele�ng footnote 2 and renumbering the remaining footnotes to read as follows: 21.45.090 Residen�al addi�ons and accessory uses. Table F Residen�al Addi�ons and Accessory Uses to One-Family Dwellings and Twin-Homes on Small Lots Addition/Accessory Use Minimum Front Yard Setback Minimum Side and Rear Yard Setbacks Attached/detached patio covers(2) 10 feet to posts (2-foot overhang permitted) 5 feet to posts (2-foot overhang permitted) Pool, spa 20 feet 5 feet – pool 2 feet spa Non-habitable detached accessory buildings/structures (e.g., garages, workshops, decks over 30 inches in height)(1),(2),(32) 20 feet 5 feet Habitable detached accessory buildings (i.e. guest houses and accessory dwelling units)(1), (2), (32) (3), (4) 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 separa�on required between a habitable building and any other detached accessory building/structure. (32) Must be architecturally compa�ble with the exis�ng structure. (43) Except as otherwise permit ed for accessory dwelling units pursuant to Sec�on 21.10.030. (54) Refer to California Government Code Sec�on 65852.2 (effec�ve Jan. 1, 2023) for front yard setback requirements for 800 sq. �. maximum ADUs with four-foot side and rear yard setbacks and May 15, 2024 Item #1 10 of 50 - I I Page 2 constructed in compliance with all other development standards. [Note: This was added as footnote 5 by Ordinance CS-449; the footnote number is proposed to change from 5 to 4 as shown.] May 15, 2024 Item #1 11 of 50 Page 3 Amendment 2 2. That Sec�on 21.201.130 A. 3. of the Carlsbad Municipal Code is amended to read as follows: 21.201.130 Developments appealable to the coastal commission. A. The following developments, due to their type or loca�on, are within the appeal jurisdic�on of the coastal commission. Only decisions approving a coastal development permit for these developments are appealable to the coastal commission, unless otherwise noted. Areas subject to appeal jurisdic�on are shown on the post LCP cer�fica�on map which is on file in the planning division. 3. Developments approved by the city not included within subsec�ons A and B of this sec�on which are located in a sensi�ve coastal resource area. May 15, 2024 Item #1 12 of 50 Page 4 Amendment 3 3. That Sec�on 21.10.030 E.12 of the Carlsbad Municipal Code is deleted and Sec�on 21.10.030 E.13 is renumbered to E.12 to read as follows: 21.10.030 Accessory dwelling units and junior accessory dwelling units. E. Other Requirements and Standards. ADUs and JADUs shall comply with all the following requirements and standards: 12. For ADUs permit ed prior to January 1, 2020, the city may con�nue to enforce a requirement for owner-occupancy of the ADU or primary residence. 13.12. An ADU may be sold separately from the primary dwelling only in limited situa�ons pursuant to California Government Code Sec�on 65852.26 (effec�ve Jan. 1, 2022). May 15, 2024 Item #1 13 of 50 Page 5 Amendment 4 4. That Table A, Permit ed Uses, of Sec�on 21.30.010 (C-M Heavy Commercial Zone) of the Carlsbad Municipal Code regarding the permi�ng of educa�onal facili�es is amended to read as follows: 21.30.010 Permited uses. Table A Permited Uses Use P CUP Acc Educa�onal facili�es, other (defined: Sec�on 21.04.137) X 1 5. That Table A, Permit ed Uses, of Sec�on 21.32.010 (M Industrial Zone) of the Carlsbad Municipal Code regarding the permi�ng of educa�onal facili�es is amended to read as follows: 21.32.010 Permited uses. Table A Permited Uses Use P CUP Acc Educa�onal facili�es, other (defined: Sec�on 21.04.137) X 1 May 15, 2024 Item #1 14 of 50 Page 6 Amendment 5 6. That Sec�on 21.58.030 of the Carlsbad Municipal Code is amended to read as follows: 21.58.030 Expira�on of permits A. Any permit or approval granted pursuant to this �tle becomes null and void if not exercised within three two years of the date of approval; however, permits or approvals which are issued in conjunc�on with a tenta�ve map or tenta�ve parcel map, shall not expire sooner than the approved tenta�ve map or tenta�ve parcel map. The permit or approval may be extended pursuant to Sec�on 21.58.040. B. A project shall be considered “exercised” when: (1) A ves�ng tenta�ve map has been approved pursuant to California Government Code sec�on 66498.1 and has not expired; or (2) A valid building or grading permit has been issued and substan�al work has been performed with at least one inspec�on conducted by the city to ensure compliance with codes and approved construc�on documents; or C. If no building or grading permits are required, the ac�on gran�ng an approval pursuant to this �tle shall specify the terms and limita�ons of a use or ac�vity. May 15, 2024 Item #1 15 of 50 Page 7 Amendment 6 7. That Sec�on 21.10.040 of the Carlsbad Municipal Code is amended to read as follows: 21.10.040 Home occupa�ons. A. Home occupa�ons which are not disrup�ve to the residen�al character of the neighborhood shall be permit ed as an accessory use, subject to the following condi�ons: 1. Home occupa�ons shall be conducted as a secondary use by a resident or residents of the premises; 2. No employees shall be employed on the premises; 3. All home occupa�on ac�vi�es shall be conducted en�rely within the residen�al structure, except for permit ed agricultural or hor�cultural uses; 4. There shall be no external altera�on to the appearance of the residen�al structure that would reflect the existence of the home occupa�on; 5. No storage of materials, goods, equipment or stock in trade shall be permit ed where visible from the exterior of the property; 6. No deliveries or pickups by heavy duty commercial vehicles shall be permit ed; 7. Sale of goods or services shall not be conducted on the property, except for agricultural goods grown on the premises. This provision shall not be construed to prohibit taking orders for sale where delivery of goods or performance of services does not occur on the property; 8. The home occupa�on shall not cause any external effect that is inconsistent with the residen�al zone or disrupts the neighborhood, including, but not limited to, noise from equipment, traffic, ligh�ng, offensive odor or electrical interference; 9. No adver�sing, signs or displays of any kind indica�ng the existence of the home occupa�on shall be permit ed on the premises; 10. The home occupa�on shall not cause the elimina�on of required off-street parking; 11. The home occupa�on may not u�lize an area greater than twenty percent of the combined total floor area of all on-site structures; and 12. A city business license is required for the conduct of a home occupa�on. (Ord. NS-718 § 7, 2004) 1. The use of the dwelling for a home occupa�on shall be clearly incidental and subordinate to its use for residen�al purposes by its inhabitants. The establishment and conduct of a home occupa�on shall not change the principal character or use of the dwelling unit or property involved. 2. The home occupa�on may not u�lize an area greater than twenty percent of the combined total floor area of all on-site structures. 3. There shall be no exterior evidence of the conduct of a home occupa�on, including outdoor display of equipment, materials, or supplies related directly or indirectly to the home occupa�on ac�vity. A home occupa�on shall be conducted en�rely within a dwelling, or an at ached garage with the excep�on of tutoring in sports. 4. No employees shall be employed on the premises unless required by local or state law. 5. There shall be no signs, banners or flags iden�fying or adver�sing the home occupa�on. May 15, 2024 Item #1 16 of 50 Page 8 6. The home occupa�on shall not create vehicular or pedestrian traffic in excess of that which is normal for the zone in which it is located. 7. The required residen�al off-street parking shall be maintained. 8. Limited indoor storage of goods or supplies (125 cubic feet maximum) may take place within no more than one room of the dwelling and/or in the at ached garage (provided required parking on-site is maintained and properly located). 9. There shall be no separate entrance or exit way specifically provided in the dwelling or on the premises for the conduct of the home occupa�on, unless required by local or state law. 10. There shall be no process, procedure, substance, or chemical used which is hazardous to public convenience, health, safety, or general welfare or that changes the fire safety or occupancy classifica�ons of the residence. 11. Electrical or mechanical equipment which creates visible or audible interference in radio or television receivers or causes fluctua�ons in line voltage outside the dwelling unit shall be prohibited. Home occupa�on ac�vi�es shall not produce dust, glare, noxious mat er, excessive noise, or vibra�ons beyond the subject property lines. B. Maximum number of customers and vendors. 1. Home occupa�ons may have a maximum of one customer or vendor on the premises at any one �me, between 7:00 a.m. and 7:00 p.m., Monday through Saturday. Home occupa�ons shall not host customers or vendors on the premises more frequently than one customer or vendor within a 2-hour �me period. 2. Home occupa�ons involving tutoring students in music, academics, dance swimming or tennis at a residence may have a maximum of six non-resident students at any one �me, and no more than 18 non-resident students during any one day. Sports related tutoring may be conducted between 7:00 a.m. and 7:00 p.m., Monday through Saturday. C. Notwithstanding the provisions above, the following uses are prohibited: 1. Automo�ve repair or other vehicle repair, body or mechanical; 2. Welding or machining; 3. Medical clinics or labs; 4. Animal hospitals, kennels and grooming facili�es (see excep�on in Sec�on 21.10.040 D); and 5. Uses that require explosives or highly combus�ble or toxic materials. D. Notwithstanding 21.10.040 C.4., animal si�ng or grooming facili�es may be permit ed when conducted en�rely indoors. Grooming services shall be limited to one customer on the premises at any one �me, between 7:00 a.m. and 7:00 p.m., Monday through Saturday with no more than one customer within a 2-hour �me period. E. The home occupa�on use shall not have u�lity services modifica�ons, other than those required for normal residen�al use, that would be classified as commercial or industrial in load or design. F. Cot age Foods Opera�on. 1. Cot age Foods Opera�ons shall be permit ed as defined by Health and Safety Code Sec�on 113758, conducted only within a dwelling that contains the dwelling's kitchen and shall not be allowed in a garage or other accessory building. 2. There shall be no on-premise sale of goods except as allowed for a Cot age Food Opera�on by Health and Safety Code Sec�on 114365 and with a valid County of San Diego Cot age Food permit from Department of Environmental Health. Occasional transport of goods May 15, 2024 Item #1 17 of 50 Page 9 from the premises for off-site sale may occur. Internet sales are not considered on-premise sale of goods. G. No person shall commence or carry on a home occupa�on/cot age food opera�on without first having received approval of a city business license. H. Home occupa�ons shall comply with all noise, ligh�ng, nuisance, health/safety, and other applicable city and state regula�ons. May 15, 2024 Item #1 18 of 50 Page 10 Amendment 7 8. That Table A, Permit ed Uses, of Sec�on 21.26.010 (C-1 Neighborhood Commercial Zone) of the Carlsbad Municipal Code is amended by the addi�on of the following use lis�ng to read as follows: 21.26.010 Permited uses. Table A Permited Uses Use P CUP Acc Mixed use developments (defined: Sec�on 21.26.015) X 9. That Table A, Permit ed Uses, of Sec�on 21.28.010 (C-2 General Commercial Zone) of the Carlsbad Municipal Code is amended by the addi�on of the following use lis�ng to read as follows: 21.28.010 Permited uses. Table A Permited Uses Use P CUP Acc Mixed use developments (defined: Sec�on 21.28.015) X 10. That Table A, Permit ed Uses in the C-L Zone, of Sec�on 21.31.030 (C-L Local Shopping Center Zone) of the Carlsbad Municipal Code is amended by the addi�on of the following use lis�ng to read as follows: 21.31.030 Permited uses. Table A Uses Permited in the C-L Zone Use P CUP Acc Mixed Use Development (defined: Sec�on 21.31.065) X May 15, 2024 Item #1 19 of 50 I - I Page 11 Amendment 8 11. That Table A, Permit ed Uses, in Sec�on 21.10.020 (R-1 One-Family Residen�al Zone) of the Carlsbad Municipal Code is amended by the addi�on of the following use lis�ngs and related footnotes 5 and 6 to read as follows: 21.10.020 Permited uses. Table A Permited Uses Use P CUP Acc Poultry, roosters prohibited (5 or less) (see note 5) X Poultry, roosters prohibited (6-15) (see note 6) X Notes: 5. Poultry, roosters prohibited (5 or less); The animals must have a designated enclosure, provided that the animals’ enclosure shall not be located within the required front yard. The enclosure shall also not be located within fifteen feet of a habitable structure on an adjoining parcel zoned for residential uses, nor shall the enclosure be located within fifteen feet of a parcel zoned for residential uses when a habitable structure is not involved. In any event, the distance from the parcel zoned for residential uses shall be the greater of the distances so indicated. Animal enclosures must be regularly maintained and kept in a clean and sanitary manner to prevent the accumulation of flies, the spread of disease, or offensive odor. 6. Poultry, roosters prohibited (6-15); The animals must have a designated enclosure provided that the animals’ enclosure shall not be located within the required front yard. The enclosure shall also not be located within forty feet of a habitable structure on an adjoining parcel zoned for residential uses, nor shall the enclosure be located within forty feet of a parcel zoned for residential uses when a habitable structure is not involved. In any event, the distance from the parcel zoned for residential uses shall be the greater of the distances so indicated. Animal enclosures must be regularly maintained and kept in a clean and sanitary manner to prevent the accumulation of flies, the spread of disease, or offensive odor. May 15, 2024 Item #1 20 of 50 I I I = I Page 12 Amendment 9 12. That all instances of the abbrevia�on “O-S” in the Carlsbad Municipal Code be replaced with “OS.” May 15, 2024 Item #1 21 of 50 Page 13 Amendment 10 13. That Sec�on 21.210.030 of the Carlsbad Municipal Code is amended to include new subsec�on C. to read as follows: 21.210.030 Applicability. C. No removal of habitat, including mowing, shall occur un�l all the processing and permi�ng requirements of this chapter are sa�sfied. 14. That Sec�on 21.210.100 of the Carlsbad Municipal Code is amended to update A.2 to read as follows: 21.210.100 Enforcement measures – Viola�ons and remedies. A. Whenever the City Planner determines that a viola�on of this chapter has occurred or an individual has impacted habitat without the benefit of an HMP permit, the following enforcement measures and remedies may be undertaken by the City Planner, in lieu of or in addi�on to any remedial ac�ons undertaken in accordance with Sec�on 15.16.140 of the municipal code. 1. Stop Work No�ce. The City Planner shall issue a stop work order demanding that all ac�vi�es in viola�on of this chapter be stopped un�l a valid HMP permit is obtained and correc�ve ac�on is authorized by the City Planner. 2. Correc�ve Ac�on. The City Planner, in consulta�on with the wildlife agencies, shall determine the extent of correc�ve ac�on necessary to cure the viola�on. Correc�ve ac�on may include a higher mi�ga�on ra�o than specified in Table 11 of Sec�on D.6 of the HMP. The owner of the property shall be responsible for correc�ng any grading, clearing, or removal of habitat on the property, which occurred in viola�on of this chapter, including a viola�on which occurred prior to the owner’s acquisi�on of the property, and which con�nues a�er the acquisi�on of the property. May 15, 2024 Item #1 22 of 50 Page 14 Amendment 11 15. That Sec�on 21.85.020 A. of the Carlsbad Municipal Code is amended to read as follows: 21.85.020 Defini�ons. Whenever the following terms are used in this chapter, they shall have the meaning established by this sec�on: A. “Affordable housing” means housing for which the allowable housing expenses paid by a qualifying household shall not exceed a specified frac�on of the county median income, adjusted for household size, as follows: 1. Extremely low-income, rental or ownership units: the product of thirty percent �mes thirty percent of the county median income, adjusted for household size, in accordance with California Health and Safety Code Sec�on 50053; 2. Extremely low-income, ownership units: the product of thirty percent �mes thirty percent of the county median income, adjusted for household size, in accordance with California Health and Safety Code Sec�on 50052.5; 23. Very low-income, rental and ownership units: the product of thirty percent �mes fi�y percent of the county median income, adjusted for household size, in accordance with California Health and Safety Code Sec�on 50053; 4. Very low-income, ownership units: the product of thirty percent �mes fi�y percent of the county median income, adjusted for household size, in accordance with California Health and Safety Code Sec�on 50052.5; 35. Low-income, ownership units: the product of thirty percent �mes eighty percent of the county median income, adjusted for household size, in accordance with California Health and Safety Code Sec�on 50052.5; and 46. Low-income, rental units: the product of thirty percent �mes seventy percent of the county median income, adjusted for household size, in accordance with California Health and Safety Code Sec�on 50053. 16. That Sec�on 21.85.040 of the Carlsbad Municipal Code is amended to read as follows: 21.85.040 Affordable housing standards. The affordable housing standards are as follows: A. All qualifying residen�al developments pursuant to Sec�on 21.85.030(A) are subject to and must sa�sfy the inclusionary housing requirements of this chapter, notwithstanding a developer’s request to process a residen�al development under other program requirements, laws or regula�ons, including, but not limited to, Chapter 21.86 (Residen�al Density Bonus) of this code. If an applicant seeks to construct affordable housing to qualify for a density bonus in accordance with the provisions of Chapter 21.86 (Residen�al Density Bonus), those affordable dwelling units that qualify a residen�al development for a density bonus shall also be counted toward sa�sfying the inclusionary housing requirements of this chapter. May 15, 2024 Item #1 23 of 50 Page 15 B. Whenever reasonably possible, inclusionary units should be built on the residen�al development project site. C. The required inclusionary units shall be constructed concurrently with market-rate units unless both the final decision-making authority of the city and developer agree within the affordable housing agreement to an alterna�ve schedule for development. D. Inclusionary rental units shall remain restricted and affordable to the designated income group for fi�y-five years. In addi�on to the income of a targeted group, limita�ons on assets may also be used as a factor in determining eligibility for rental or ownership units. Notwithstanding anything to the contrary in this chapter, no inclusionary unit shall be rented for an amount which exceeds ninety percent of the actual rent charged for a comparable market unit in the same development, if any. For projects with both inclusionary units and market-rate units, the inclusionary units shall be provided in the same tenure as the market-rate units, consistent with California Civil Code 714.7. E. A�er the ini�al sale of the inclusionary ownership units at a price affordable to the target income level group, inclusionary ownership units shall remain affordable to subsequent income eligible buyers pursuant to a resale restric�on with a term of thirty years or ownership units may be sold at a market price to other than targeted households provided that the sale shall result in the recapture by the city or its designee of a financial interest in the units equal to the amount of subsidy necessary to make the unit affordable to the designated income group and a propor�onate share of any apprecia�on. Funds recaptured by the city shall be used in assis�ng other eligible households with home purchases at affordable prices. To the extent possible, projects using ownership units to sa�sfy inclusionary requirements shall be designed to be compa�ble with conven�onal mortgage financing programs including secondary market requirements. F. Inclusionary units should be located on sites that are in proximity to or will provide access to employment opportuni�es, urban services, or major roads or other transporta�on and commuter rail facili�es and that are compa�ble with adjacent land uses. G. Both Tthe internal and external design of the inclusionary units shall be reasonably consistent or compa�ble with the design of the total project development in terms of appearance, materials and finished quality. H. Inclusionary projects shall provide a mix of number of bedrooms in the affordable dwelling units in response to affordable housing demand priori�es of the city. Bedroom count and unit sizes of inclusionary units shall be commensurate with market rate units. I. No building permit shall be issued, nor any development approval granted for a development which does not meet the requirements of this chapter. No inclusionary unit shall be rented or sold except in accordance with this chapter. J. For Mixed-Income projects, where both inclusionary units and market rate units exist, the inclusionary units shall be dispersed throughout the project, and not congregated to specific areas or floors, consistent with California Health and Safety Code Sec�on 17929. 17. That Sec�on 21.85.140 D. of the Carlsbad Municipal Code is amended to read as follows: May 15, 2024 Item #1 24 of 50 Page 16 21.85.140 Affordable housing agreement as a condi�on of development. D. An affordable housing agreement will not be required for projects which will be sa�sfying their inclusionary housing requirement through payment to the city of an in-lieu fee or credit purchase. 18. That Sec�on 21.86.100 of the Carlsbad Municipal Code is amended to read as follows: 21.86.100 Design and quality. A. The city may not issue building permits for more than 50 percent of the market rate units un�l it has issued building permits for all of the affordable units, and the city may not approve any final inspec�ons or cer�ficates of occupancy for more than 50 percent of the market rate units un�l it has issued final inspec�ons or cer�ficates of occupancy for all of the affordable units. B. Affordable units shall be comparable in exterior and interior appearance and overall quality of construc�on to market rate units in the same housing development. C. The number of bedrooms of the affordable units shall at least equal the minimum number of bedrooms of the market rate units. Bedroom count and unit size of inclusionary units shall also be commensurate with market rate units. D. For Mixed-Income projects, where both inclusionary units and market rate units exist, the inclusionary units shall be dispersed throughout the project, and not congregated to specific areas or floors, consistent with California Health and Safety Code Sec�on 17929. May 15, 2024 Item #1 25 of 50 Page 17 Amendment 12 19. That Chapter 21.04.024 of the Carlsbad Municipal Code is amended by the addi�on of a new sec�on as shown below: 21.04.024 Agriculture/aquaculture/flower stands. Agriculture/aquaculture/flower stands mean a structure no larger than 200 square feet ancillary to ac�ve agriculture/aquacultural uses on the property and for the display and sale of products produced on or off-site. There shall be no space for customers within the structure itself. 20. That Table A, Permit ed Uses, of Sec�on 21.07.020 (E-A Exclusive Agricultural Zone) of the Carlsbad Municipal Code is amended by the addi�on and dele�on of the following use lis�ngs, modifica�on of related footnote 3 and the addi�on of footnote 7 to read as follows: 21.07.020 Permited uses. Table A Permited Uses Use P CUP Acc Agriculture (see note 7 below) X Agriculture/aquaculture/flower stands (see note 3 below) (defined: Sec�on 21.04.024) X Produce/flower stands for display and sale of products produced on the same premises (see note 3 below) X Tree farms X Truck farms X Notes: 3. Produce/flower stands. Agriculture/aquaculture/flower stands. Provided that the floor area of the stand shall not exceed two hundred square feet, that the stand is located not nearer than twenty feet to any street or highway, and that the stand is only allowed accessory to an ac�ve agricultural or aquacultural use. 7. Only the following agricultural uses, and buildings accessory to such agricultural uses, under this use type are permit ed in the E-A zone: (A) Field and seed crops, (B) Truck crops, (C) Hor�cultural crops, (D) Orchards and vineyards, (E) Tree farms, (F) Fallow lands. 21. That Table A, Permit ed Uses, of Sec�on 21.08.020 (R-A Residen�al Agricultural Zone) of the Carlsbad Municipal Code is amended by the modifica�on of the following use lis�ngs and the addi�on of related footnotes 8 and 9 to read as follows: May 15, 2024 Item #1 26 of 50 Page 18 21.08.020 Permited uses. Table A Permited Uses Use P CUP Acc Agricultural cropsAgriculture (see note 8 below) X Agricultural stand (for display of products raised on premises) (“stand” defined: Sec�on 21.04.320)Agriculture/aquaculture/flower stands (see note 9 below) (defined: Sec�on 21.04.024) X X Notes: 8. Only the following agricultural uses, and buildings accessory to such agricultural uses, under this use type are permit ed in the R-A zone: (A) Field and seed crops, (B) Truck crops, (C) Hor�cultural crops, (D) Orchards and vineyards, (E) Tree farms, (F) Fallow lands. 9. Agriculture/aquaculture/flower stands. Provided that the floor area of the stand shall not exceed two hundred square feet, that the stand is located not nearer than twenty feet to any street or highway, and that the stand is only allowed accessory to an ac�ve agricultural or aquacultural use. 22. That Table A, Permit ed Uses, of Sec�on 21.09.020 (R-E Rural Residen�al Estate Zone) of the Carlsbad Municipal Code is amended by the dele�on and addi�on of the following use lis�ngs and the addi�on of related footnotes 7 and 8 to read as follows: 21.09.020 Permited uses. Table A Permited Uses Use P CUP Acc Agriculture (see note 7 below) X Agriculture/aquaculture/flower stands (see note 8 below) (defined: Sec�on 21.04.024) X Produce stand 1 Notes: 7. Only the following agricultural uses, and buildings accessory to such agricultural uses, under this use type are permit ed in the R-A zone: (A) Field and seed crops, (B) Truck crops, (C) Hor�cultural crops, (D) Orchards and vineyards, (E) Tree farms, (F) Fallow lands. 8. Agriculture/aquaculture/flower stands. Provided that the floor area of the stand shall not exceed two hundred square feet, that the stand is located not nearer than twenty feet to any street or highway, and that the stand is only allowed accessory to an ac�ve agricultural or aquacultural use. May 15, 2024 Item #1 27 of 50 Page 19 23. That Table A, Permit ed Uses, of Sec�on 21.29.030 (C-T Commercial Tourist Zone) of the Carlsbad Municipal Code is amended by the dele�on and addi�on of the following use lis�ngs and the addi�on of related footnote 3 to read as follows: 21.29.030 Permited uses. Table A Permited Uses Use P CUP Acc Agriculture/aquaculture/flower stands (see note 3 below) (defined: Sec�on 21.04.024) X Produce stands 1 3. Agriculture/aquaculture/flower stands. Provided that the floor area of the stand shall not exceed two hundred square feet, that the stand is located not nearer than twenty feet to any street or highway, and that the stand is only allowed accessory to an ac�ve agricultural or aquacultural use. 24. That Table A, Permit ed Uses, of Sec�on 21.36.020 (P-U Public U�lity Zone) of the Carlsbad Municipal Code is amended by the addi�on and dele�on of the following use lis�ngs and the addi�on of related footnotes 2 and 3 to read as follows: 21.36.020 Permited uses. Table A Permited Uses Use P CUP Acc Agriculture (see note 2 below) X Aquaculture stands (display/sale) (subject to Sec�on 21.42.140(B)(10)) Agriculture/aquaculture/flower stands (see note 3 below) (defined: Sec�on 21.04.024) 1 X Tree farms X Truck farms X Notes: 2. Only the following agricultural uses, and buildings accessory to such agricultural uses, under this use type are permit ed in the P-U zone: (A) Field and seed crops, (B) Truck crops, (C) Hor�cultural crops, (D) Orchards and vineyards, (E) Tree farms, (F) Fallow lands. 3. Agriculture/aquaculture/flower stands. Provided that the floor area of the stand shall not exceed two hundred square feet, that the stand is located not nearer than twenty feet to any street or highway, and that the stand is only allowed accessory to an ac�ve agricultural or aquacultural use. May 15, 2024 Item #1 28 of 50 ---11_1-1 Page 20 25. That Table A, Permit ed Uses, of Sec�on 21.39.020 (L-C Limited Control Zone) of the Carlsbad Municipal Code is amended by the dele�on and addi�on of the following use lis�ngs and the addi�on of related footnote 3 to read as follows: 21.39.020 Permited uses. Table A Permited Uses Use P CUP Acc Agriculture/aquaculture/flower stands (see note 3 below) (defined: Sec�on 21.04.024) X Produce/flower stands for display and sale of products produced on the same premises (see note 3 below) X 3. Produce/flower stands: Agriculture/aquaculture/flower stands. Provided that the floor area of the stand shall not exceed two hundred square feet, that the stand is located not nearer than twenty feet to any street or highway, and that the stand is only allowed accessory to an ac�ve agricultural or aquacultural use. May 15, 2024 Item #1 29 of 50 Page 21 Amendment 13 26. That the Carlsbad Municipal Code is amended by the addi�on of new Chapter 21. 89 Substan�al Conformance Review to read as follows: 21.89 SUBSTANTIAL CONFORMANCE REVIEW 21.89.010 Purpose and Intent. A�er a discre�onary project is approved, the applicant may need to request minor revisions, usually as the result of a plan check or new requirement. Minor changes may be approved by the city planner if found to be in “substan�al conformance” with the original project descrip�on, findings, and condi�ons. The purpose of this sec�on is to provide a process that determines if a post-en�tlement permit or ministerial permit applica�on is substan�ally consistent and in conformance with a previously approved discre�onary ac�on when changes to the previous approval are proposed. This includes a review of the post-en�tlement permit or ministerial permit applica�on against approved exhibits, permit condi�ons, and environmental documenta�on associated with the authorizing discre�onary permit, and applicable land-use policies and standards. 21.89.020 Applicability. Unless otherwise stated as a permit condi�on or as required by the municipal code, substan�al conformance review is an op�onal service available to applicants who are proposing to modify their project a�er an authorizing discre�onary permit has been approved by the city. 21.89.030 Immaterial Changes. The city planner may determine changes are immaterial, do not require substan�al conformance review, and may be approved as part of the ministerial applica�on. Immaterial changes are very minor changes to the project and incidental in nature, are consistent with all development standards, and are of no substan�al consequence to the project approval, including its exhibits, condi�ons, and environmental documenta�on. The city documents the approval of immaterial changes in the post-en�tlement permit or ministerial permit applica�on. Examples of immaterial changes may include but are not limited to: A. Floor plan revisions that do not increase parking demand or modify the building footprint. B. Modifica�on of the length, height and loca�on of garden, perimeter, retaining walls. C. Reconfigura�on or addi�on of parking lot planters. D. Resizing of a minor feature, such as a window, that does not exceed a 10 percent change from the original dimensions. E. Repain�ng a structure or appurtenance in a hue that is substan�ally similar to the approved project. 21.89.040 Substan�al Conformance Request. An applica�on for a substan�al conformance review shall be on a form provided by the city planner, which shall require that informa�on necessary to make the findings specified within this chapter. May 15, 2024 Item #1 30 of 50 Page 22 21.89.050 Fees. The City Council may impose by resolu�on a nonrefundable fee to reimburse the city for its reasonable and necessary costs in receiving, processing, and reviewing applica�ons for a substan�al conformance review. 21.89.060 Review Authority and Procedure. A. A request for substan�al conformance review may be approved by the city planner and shall be processed independently of any other required development permits. B. The filing of an applica�on for request for substan�al conformance review shall not require public no�ce. C. If necessary to reach a determina�on on the request for substan�al conformance review, the city planner may request: 1. Further informa�on from the applicant, specifying in detail the informa�on that is required. 2. Informa�on from other city departments and divisions or other agencies. D. Condi�ons of approval cannot be removed or revised as a substan�al conformance request. E. Within 30 days a�er receipt of a complete substan�al conformance review applica�on, the city planner shall no�fy the applicant of the decision to approve or deny the request, with the reasons for denial stated according to the findings contained in Sec�on 21.89.070. F. If the city planner denies the request, the applicant may pursue the request to change the project by filing an amendment to the authorizing discre�onary permit(s) pursuant to Sec�on 21.54.125 of this �tle. 21.89.080 Required Findings. A. A project revision may be determined to be consistent with the approved discre�onary ac�on if the following findings can be made: 1. That the proposed revision provides an architectural style of development that is substan�ally consistent with the building forms, building colors, and building materials that were approved as part of the authorizing discre�onary ac�on. 2. That the proposed revision complies with all relevant development standards and design criteria and will not result in any health, safety, or welfare impacts. 3. That the proposed revision is consistent with the density, intensity, or use from what was approved as part of the authorizing discre�onary ac�on. 4. That the proposed revision is minor and authorizes a devia�on or devia�ons of no more than 10 percent, provided that it is consistent with the authorizing discre�onary ac�on and maintains compliance with all relevant development standards. Examples of devia�ons that may be granted include but are not limited to: a. On an individual lot or structure basis: yards, setbacks, lot coverage and building height (height reduc�ons of greater than 10 percent are permit ed). b. On an aggregate project basis: parking, open space, common area, or landscaping, including plan�ng area, quan�ty and size. c. A devia�on permit ed under this sec�on do not increase the intensity of the project or have a poten�ally detrimental effect. May 15, 2024 Item #1 31 of 50 Page 23 5. That the proposed revision maintains, in their en�rety, all of the project condi�ons required as part of the authorizing discre�onary ac�on. 6. That the proposed revision is consistent with the previously evaluated environmental findings and will not result in any significant environmental impact, and/or require further environmental review. 7. That the proposed revision is consistent with the standards set forth in the Village and Barrio Objec�ve Design Standards or the Citywide Objec�ve Design Standards, as applicable. 21.89.090 Public Parks. Modifica�ons to approved discre�onary permits for public parks also may be permit ed subject to Sec�on 21.42.140 B. 100 of this �tle. 21.89.100 Appeal. The effec�ve date of the city planner’s decision and method for appeal of such decision shall be governed by Chapter 21.54.140 of this �tle. 21.89.110. Severability. If any sec�on, subsec�on, sentence, clause, or phrase of this chapter is for any reason held invalid or uncons�tu�onal by the decision of any court of competent jurisdic�on, the decision will not affect the validity of the remaining por�ons of this chapter. The city council declares that it would have passed the ordinance codified in this chapter and each sec�on, subsec�on, sentence, clause, or phrase contained in it irrespec�ve of the fact that any one or more sec�ons, subsec�ons, sentences, clauses, or phrases are declared invalid or uncons�tu�onal. May 15, 2024 Item #1 32 of 50 Exhibit 3 ZCA 2024-0001/LCPA 2024-0020/MCA 2024-0001 (PUB 2024-0005) 2024 ZONE CODE CLEAN UP Dra� revisions to the Carlsbad Municipal Code Titles 8, 11, & 15 NOTE: Proposed changes are shown in strikeout/underline format. Highlights indicate changes approved as part of Ordinance CS-432 by the City Council on Sept. 27, 2022, and pending Coastal Commission review. Addi�onally, bracketed, italicized text (e.g., “[text]”) provides clarifica�on where needed. ____________________________________________________________________________________ Amendment 14 27. That Sec�on 8.32.020 of the Carlsbad Municipal Code is amended by revising the defini�on of “vend” or “vending” to read as follows: 8.32.020 Defini�ons. “Vend” or “vending” means an offer to sell or the sale of goods, merchandise, services, food or beverages on a public street, alley, highway, parking lot, sidewalk, pedestrian path or right-of-way. 28. That Sec�on 8.32.080 of the Carlsbad Municipal Code is amended to read as follows: 8.32.080 Sidewalk and pathway vending generally. A. Vending ac�vi�es may occur between the hours of 8:00 a.m. and sunset in all residen�al zoned areas and between the hours of 8:00 a.m. and 10:00 p.m. in industrial and commercial zoned areas. B. No sidewalk vending of any type, including mobile services, shall take place to any individuals traveling within motor vehicles along a public roadway. C. A sidewalk vendor shall not vend on any exclusively residen�al street for longer than 60 minutes at any given �me. D. No sidewalk or pathway vending of any kind, including mobile services, shall take place in the following loca�ons: 1. In the public right-of-way or any area that blocks pedestrian or vehicle access; 2. Any public property that does not meet the defini�on of a sidewalk, including, but not limited to, any alley, beach, pier, square, street, street end or parking lot; 3. Within 50 feet of another sidewalk vendor; 4. Within 18 inches from the edge of a curb; 5. Any loca�on that obstructs traffic signals or regulatory signs; 6. Within 15 feet of any intersec�on, driveway or building entrance, or within any space designed for vehicular parking; 7. Within 15 feet of any fire hydrant or fire escape; 8. Within 100 feet of any vehicle entrance of any fire sta�on, police department, hospital or any other structure involved in health and safety emergency mat ers; May 15, 2024 Item #1 33 of 50 - 9. Within 15 feet of any loading zone, bus stop, parking space or access ramp designed for persons with disabili�es; 10. Within 10 feet of an outdoor dining or pa�o area; 11. Within 500 feet of a permit ed special event or street fair; 12. Within one-half mile of a public school building or school grounds while children are going to or from the school, during a recess period or within 30 minutes before or a�er the school’s opening or closing hours; 13. Within 500 feet of high-traffic landmarks and venues, as determined by the city manager or designee and published in an administra�ve order, which shall include jus�fica�on that such restric�ons are directly related to objec�ve health, safety or welfare concerns; 14. On any por�on of the Carlsbad Village Sea Wall trail, which extends alongside Carlsbad Boulevard and adjacent to the beach, between the cross streets of Pine Avenue and Tamarack Avenue. This restric�on on vending shall include both the upper and lower por�ons of the Sea Wall trail. E. Vending ac�vi�es, including mobile services, in public parks and recrea�onal facili�es must also comply with the following: 1. Vending within public parks or recrea�onal facili�es is allowed only upon or alongside sidewalks or other paved or marked pedestrian pathways. Outside of these aforemen�oned areas, vending shall not take place on sand, dirt, grass or on any space which would obstruct, damage or otherwise adversely affect the public’s use and enjoyment of natural resources and recrea�onal opportuni�es, or contribute to an undue concentra�on of commercial ac�vity that unreasonably interferes with the scenic and natural character of the park. 2. Vending ac�vi�es, including mobile services, that adversely affect the health, safety and welfare of persons engaged in ac�ve sports ac�vi�es and spectators of ac�ve sports ac�vi�es are prohibited. 3. Sidewalk vending ac�vi�es, including mobile services, las�ng 10 minutes or longer in dura�on shall not be permit ed within any area of a public park if the park operator has signed an agreement for concessions that exclusively permits the sale of food or merchandise by a specified concessionaire. 4. A valid park and facility use permit or special event permit obtained pursuant to Carlsbad Municipal Code Sec�on 11.32.030 may waive these requirements for limited engagements or events. (Ord. CS-346 § 2, 2019) 29. That Sec�on 11.32.015 of the Carlsbad Municipal Code is amended by adding the defini�on of “vend” or “vending” to read as follows: 11.32.015 Defini�ons. “Vend” or “vending” means an offer to sell or the sale of goods, merchandise, services, food or beverages on a public street, alley, highway, parking lot, sidewalk, pedestrian path or right-of-way. Whenever the words “park” and “vehicle” are used in this chapter, they shall have the meaning ascribed to them in Chapter 10.04 of this code. May 15, 2024 Item #1 34 of 50 Amendment 15 30. That Sec�ons 11.32.030.19), .20), .21), and .28 of the Carlsbad Municipal Code are amended to read as follows: 11.32.030 Unlawful acts. It is unlawful for any person to do any of the following men�oned acts in or upon any park or beach within the city: 19. To distribute any handbills or circulars, or to post, place or erect any bills, no�ce, paper, or adver�sing device or mat er of any kind, unless issued a valid vending equipment permit as defined in Chapter 8.32 of this code and the ac�vity under this subsec�on is limited to adver�sements permanently affixed to vending equipment; 20. To sell or offer for sale or to rent or lease any merchandise, ar�cle or thing, whatsoever, unless issued a valid vending equipment permit as defined in Chapter 8.32 of this code, or unless granted a special event or park and facility use permit issued by the city council or designee; 21. To prac�ce, carry on, conduct or solicit for any trade, occupa�on, business or profession of whatsoever kind or character without permission of the city council or city manager, unless issued a valid vending equipment permit as defined in Chapter 8.32 of this code; 28. To sell or offer to sell food, or barter for or solicit a dona�on for food, without a valid park and facility use permit, special event permit, or vending equipment permit as defined in Chapter 8.32 of this code; all applicable health permit(s) issued by County of San Diego department of health; and if required, a City of Carlsbad business license. This subsec�on shall not apply to any state, county or local government en�ty or other poli�cal subdivision; May 15, 2024 Item #1 35 of 50 Amendment 16 31. That Section 15.16.060 of the Carlsbad Municipal Code is amended to read as follows: 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, or tunnels, or 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. B. Unless the city engineer determines that the work may adversely affect existing drainage patterns, result in a condition which may cause damage to adjacent property now or in the future, or may have a detrimental effect on the public health, safety or welfare, a grading permit shall not be required for the following: 1.7. 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. 2. 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. [Note: The word “to” was inadvertently approved as part of Ordinance CS-432 and is proposed for deletion.] 11. City capital improvement program (CIP) projects and city-initiated improvement and maintenance projects. 12. Notwithstanding the above, a grading permit shall be required if the city engineer determines that the work may adversely affect existing drainage patterns, result in a condition which may cause damage to adjacent property now or in the future, or may have a detrimental effect on the public health, safety or welfare. May 15, 2024 Item #1 36 of 50 -I 32. That Sec�on 15.16.065 E. of the Carlsbad Municipal Code is amended to read as follows: 15.16.065 Application for grading plan. E. Grading plan applica�ons for which city approval a permit is not granted within three years following the date of applica�on shall be deemed withdrawn, provided the improvement plans are not associated with a tenta�ve map, tenta�ve parcel map, ves�ng tenta�ve map, or ves�ng tenta�ve parcel map, in which case the grading plan applica�on shall be deemed withdrawn on the date of the expira�on of the associated tenta�ve map. The grading plans and other documents submit ed for review may therea�er be returned to the applicant or destroyed by the City Engineer. In order to renew ac�on on an applica�on a�er withdrawal, the applicant shall resubmit a new applica�on and pay a new grading plan review applica�on fee. May 15, 2024 Item #1 37 of 50 PROJECT ANALYSIS EXHIBIT 4 (GENERAL PLAN, MUNICIPAL CODE, AND OTHER REGULATIONS) PROJECT ANALYSIS The 2024 Zone Code Clean Up is subject to the following regulations: A. State Regulations B. General Plan C. Municipal Code D. Local Coastal Program E. Growth Management Plan F. McClellan-Palomar Airport Land Use Compatibility Plan The recommendation for approval of the Clean Up was developed by analyzing the Clean Up’s consistency with the applicable regulations and policies. The Clean Up’s compliance with each of the above regulations is discussed in detail within the sections below. A. State Regulations California State Assembly Bill 976, 2023 Assembly Bill 976 (AB 976), a continuation of the 2020 bill Assembly Bill 881 (AB 881), was adopted by the state legislature in order to create stability for the state’s accessory dwelling unit (ADU) financing market. This bill notably removes the owner occupancy requirement for ADUs, further promoting the growth of infill development. Amendment 3 of Table B describes the proposed changes to implement AB 976. Other state regulations Minor changes to the city’s inclusionary housing and density bonus provisions are proposed to provide consistency with state Civil Code and Health and Safety Code provisions related to the location (in mixed income projects) and tenure of affordable units and the definition of “affordable housing” for lower- income households. Consistent with the state Government Code Section 65853, the Planning Commission may recommend, and the City Council may adopt, Zoning Ordinance amendments. Such actions must occur at noticed public hearings before both review bodies. B. General Plan Consistency The proposed amendments are consistent with the General Plan as described in the table below: TABLE A – GENERAL PLAN COMPLIANCE ELEMENT USE, CLASSIFICATION, GOAL, OBJECTIVE, OR PROGRAM PROPOSED USES & IMPROVEMENTS COMPLY Land Use & Community Design Goal 2-G.3 – Promote infill development that makes efficient use of limited land supply, while ensuring compatibility and With the inclusion of Amendment 7, the Clean Up will promote infill development by including in the permitted uses tables of the "C-1” Yes May 15, 2024 Item #1 38 of 50 PROJECT ANALYSIS (GENERAL PLAN, MUNICIPAL CODE, AND OTHER REGULATIONS) ELEMENT USE, CLASSIFICATION, GOAL, OBJECTIVE, OR PROGRAM PROPOSED USES & IMPROVEMENTS COMPLY integration with existing uses. Ensure that infill properties develop with uses and development intensities supporting a cohesive development pattern. Neighborhood Commercial, “C-2” General Commercial and “C-L” Local Shopping Center zones that mixed use development is expressly permitted. By calling attention to the permissibility of mixed use development in the tables, developers will be better informed of potential opportunities for this type of development. Housing Policy 10-G.2 – New housing developed with diversity of types, prices, tenures, densities, and locations, and in sufficient quantity to meet the demand of anticipated city and regional growth. With the inclusion of Amendment 11, the project will assist with increasing the with diversity of types, prices, tenures, densities, and locations of affordable housing by including the requirement that unit size, bedroom count, tenure, and dispersal match market-rate units in projects that have an inclusionary housing requirement, consistent with state law. Yes Housing Program 1.8(a) – Periodically review, as part of a Semi-Annual Zoning Code Update Review, development standards and incentives that would encourage mixed-use developments and make city-sponsored changes to development standards as needed. With the inclusion of Amendment 7, the Clean Up also encourages the development of mixed use projects by clearly identifying the zoning designations under which mixed use is already permitted. By calling out mixed use under the “Permitted Uses” tables within the Zoning Ordinance, it helps inform prospective developers of the potential opportunities available on their parcel. Yes Open Space, Conservation & Recreation Goal 4-G.3 – Protect environmentally sensitive lands, wildlife habitats, and rare, threatened, or endangered plant and animal communities. With the inclusion of Amendment 10, the project will assist with the protection of natural resources by reinforcing the requirements that must be met prior to the removal of habitat. This amendment to code which outlines the city’s Habitat Management Program (HMP) will Yes May 15, 2024 Item #1 39 of 50 PROJECT ANALYSIS (GENERAL PLAN, MUNICIPAL CODE, AND OTHER REGULATIONS) ELEMENT USE, CLASSIFICATION, GOAL, OBJECTIVE, OR PROGRAM PROPOSED USES & IMPROVEMENTS COMPLY help the enforcement of violations to the HMP. Noise Goal 5-G.1 – Protect public health and welfare by eliminating existing noise problems where feasible, maintaining an acceptable indoor and outdoor acoustic environment, and preventing significant degradation of the acoustic environment. With the inclusion of the additional provisions within Amendment 8, this project will maintain consistency with the goal of maintaining acceptable noise levels by limiting the number of animals (poultry) permitted and prohibiting the keeping of roosters in the R-1 Zone. Yes C. Municipal Code As noted in the May 15, 2024 Planning Commission staff report, the 2024 Clean Up batch of amendments proposes both amendments to the city’s Zoning Ordinance (Title 21) and CMC Titles 8, 11, and 15. For the portion of the Clean Up that proposes 13 sets of amendments to the city’s Zoning Ordinance contained within Title 21, the proposed amendments are consistent with the CMC as discussed in the table below. All sections cited are found in the CMC. TABLE B – AMENDMENT DISCUSSION Proposed Amendment Discussion/Analysis Amendment 1 – Removed Footnote Changes to Section 21.45.090 “Residential additions and accessory uses.” The proposed amendment includes removing Note 2 regarding building separation under Table F, which is a deletion made necessary by Ordinances CS-432 (an ordinance adopting the amendments of the first Zoning Ordinance Clean Up in 2022) and CS-449 (an ordinance on ADU amendments, adopted 2023) but which was not deleted by these ordinances in error. Correcting this error provides consistency among standards. Amendment 2 – Removed “Item B” Changes to Section 21.201.130 “Developments appealable to the coastal commission.” The proposed amendment includes removing the reference to subsection B in Section 21.201.130 A.3 “Developments appealable to the coastal commission,” the subsection was introduced by Ordinance CS-178 (an ordinance regarding land use decision making, adopted in 2012) but did May 15, 2024 Item #1 40 of 50 PROJECT ANALYSIS (GENERAL PLAN, MUNICIPAL CODE, AND OTHER REGULATIONS) Proposed Amendment Discussion/Analysis not ever include Item B in the final adopted language. Correcting this error provides clarity and consistency by removing the reference to a subsection that did not ever exist. Amendment 3 – Notice of Restriction Changes to Section 21.10.30 “Accessory dwelling units and junior accessory dwelling units.” The proposed amendment includes the removal of E.12 from Section 21.10.030 “Accessory dwelling units and junior accessory dwelling units” which was made necessary for consistency with state law by the recent adoption of state Assembly Bill 976 (AB 976) which prohibits a jurisdiction from enforcing owner occupancy requirements for accessory dwelling units. State law still maintains an owner occupancy requirement for junior accessory dwelling units. The proposed changes have no impact on the implementation of Assembly Bill 1033 (AB 1033) which would allow the individual sale of ADUs. The ordinances required to implement AB 1033 will be developed at the direction of City Council as permitted by the provisions of the bill. Amendment 4 – M and C-M Zones Permitted Uses Changes to Sections 21.30.010 “Permitted uses” and 21.32.010 “Permitted uses.” The proposed amendment includes modifications to the level of permitting required for “Educational facilities, other” in the “M,” Industrial and “C-M,” Heavy Commercial zones. “Education facilities, other” is defined as training or tutoring not subject to the education code (CMC 21.04.137 “Educational facilities, other”). The change would modify the existing permitting requirements from a minor conditional use permit to a permitted use, consistent with what is permitted in other commercial zones. Note 1 in the “Permitted Uses” table of the C-M zone states that any permitted use allowed in other commercial zones is allowed in the C-M zone, barring a list of specified exceptions. In this case, other commercial zones such as the C-1 “Neighborhood Commercial” zone allow “Educational facilities, other” as a permitted use, thereby setting a precedent that this use would also be permitted in the C-M zone. Similar to the May 15, 2024 Item #1 41 of 50 PROJECT ANALYSIS (GENERAL PLAN, MUNICIPAL CODE, AND OTHER REGULATIONS) Proposed Amendment Discussion/Analysis C-M zone, the M zone includes an item in the “Permitted Uses” table listed as “Any use permitted in the C-M zone is permitted in the M zone, except child day care centers” which thereby permits consistent uses across the two zones. The City Planner has previously directed approval of businesses licenses in this zone on this basis, establishing precedent for this change. Amendment 5 – Permit Expiration Changes to 21.58.030 “Expiration of permits” The proposed amendment revises code language by extending permit approval from two to three years to allow for additional time to exercise a permit. The addition of items B and C provides additional clarification on what activities constitute as “exercised” as conditionally required in the existing code language and consistent with existing process and clarification on the terms and limits for projects that do not require a building or grading permit. Amendment 6 – Home Occupations Changes to Section 21.10.040, “Home occupations.” The proposed amendment includes updated language describing the permitted activities and requirements for dwellings used to host home occupations in the R-1 zone. Other residential zones also allow home occupations, and the R-1 zone language is referenced by them. The amendment, drafted with the intention of mirroring the original language, provides additional clarifications to the language which had limited interpretability due to a lack of specificity. The proposed language also incorporates standards maintained by the state’s Health and Safety Code. Amendment 7 – Mixed Use Development Changes to “Permitted uses.” tables of Sections 21.26.015, 21.28.015 and 21.31.030. The proposed amendment includes the addition of “Mixed Use Development” uses to the “Permitted Uses” tables in the “C-1,” Neighborhood Commercial, “C-2,” General Commercial, and “C-L,” Local Shopping Center zones. This amendment was included for the purpose of assisting in the implementation of May 15, 2024 Item #1 42 of 50 PROJECT ANALYSIS (GENERAL PLAN, MUNICIPAL CODE, AND OTHER REGULATIONS) Proposed Amendment Discussion/Analysis Housing Element Program 1.8, which calls for the city to encourage mixed use development. This amendment does not permit mixed use development; rather, it calls attention to the zones where mixed use development is already allowed but is not expressly identified as a permitted use. Amendment 8 – Animal Keeping Changes to Section 21.10.020 “Permitted uses.” The proposed amendment lists “Poultry, roosters prohibited (5 or less)” and “Poultry, roosters prohibited (6-15)” in Table A “Permitted Uses” in zone “R-1,” One Family Residential. This amendment was included for the purpose of maintaining consistency with similar zones such as the “E-A” Exclusive Agriculture zone, “R-A” Residential Agricultural zone, and the “R-E” Rural Residential Estate zone. Other zones that include residential property were evaluated; however, staff is recommending only including this standard into the R-1 zone which consists of single family residential developments. This change would apply to nearly 9,900parcels currently zoned as R-1 throughout the city. The existing language outlines requirements for the keeping of animals of various sizes, but does not have language specific to poultry. The permissions provided under this amendment are specific and typical for poultry which includes, as identified above, an explicit ban on the keeping of roosters, specifications about the number of poultry, requirement to have a well-maintained enclosure for the animals, and the distances the animals’ enclosure must be located away from the property line, consistent with the CMC as a whole and the California Health and Safety Code. The permissions revised by this amendment are based on the precedent and requirements previously established for properties in the “R-A” Residential Agriculture zone due to the high level of specificity regarding appropriate setbacks, required containment, and number of animals permitted. May 15, 2024 Item #1 43 of 50 PROJECT ANALYSIS (GENERAL PLAN, MUNICIPAL CODE, AND OTHER REGULATIONS) Proposed Amendment Discussion/Analysis Amendment 9 – “OS” Open Space Changes to the nomenclature denoting “Open Space” zones from “O-S” to “OS.” The proposed amendment includes the all- inclusive shift in nomenclature which denotes “Open Space.” Within Chapter 21.33 of the CMC “O-SOpen Space Zone,” Open Space is denoted as “O-S,” however, on the city’s Zoning Map, a variety of other city documents and within other code sections, Open Space is denoted as “OS.” This minor shift in nomenclature is intended to reduce confusion and create consistency within city publications. Amendment 10 – Habitat Removal Changes to Section 21.210.030 “Applicability” and 21.210.100 “Enforcement measures – Violations and remedies.” This amendment reinforces existing policies which apply under the detailed provisions of Chapter 21.210 “Habitat Preservation and Management Requirements.” The proposed amendment includes a clarifying statement in section 21.210.030 that discusses the requirements that must be met prior to the removal of habitat permitted under the city’s Habitat Management Program (HMP). The amendment states that habitat removal shall not be permitted until the conditions of the existing CMC Chapter 21.210, the city’s HMP, are satisfied. The amendment to section 21.210.100 provides additional specification of the party responsible for restoring habitat that was removed in violation of Chapter 21.210. Amendment 11 – Housing Standards Changes to Section 21.85.020 “Definitions,” Section 21.85.040 “Affordable Housing Standards,” Section 21.85.140 “Affordable housing agreement as a condition of development,” and Section 21.86.100 “Design and quality.” The proposed amendment includes a number of minor additions to the city’s code regarding the Density Bonus and the Inclusionary Housing ordinances. These additions bring the code into closer alignment with the regulations implemented through state and federal standards. The amendments include updates to ensure consistency between the tenure rate, unit size, bedroom count, and dispersal of affordable units in comparison to market-rate units as well as the addition of credit purchases as a way to satisfy inclusionary housing requirements. The proposed amendment does not constitute any May 15, 2024 Item #1 44 of 50 PROJECT ANALYSIS (GENERAL PLAN, MUNICIPAL CODE, AND OTHER REGULATIONS) Proposed Amendment Discussion/Analysis change in policy as the amendments to the code will put into the CMC the requirements and practices implemented by the city’s Housing department. Amendment 12 – Agriculture Uses Changes to Section 21.07.020 “Permitted uses” and Section 21.08.020 “Permitted uses.” The proposed amendments streamline permitted agriculture uses, define “agriculture/aquaculture/flower stands,” and update existing stand uses with consistent terminology. The amendment specifically includes the addition of “Agriculture” and a related footnote in the “Permitted Uses” tables in the “E-A,” Exclusive Agriculture, “R-A,” Residential Agriculture, “R-E” Rural Residential Estate, and “P-U” Public Utility zones. The purpose of this amendment is to bring the two zones into consistency with similar zones. Presently, agriculture is not explicitly listed as a permitted use, however, this does not constitute a change in land use as the proposed addition of agriculture does not permit a use that was not already present in the two zones (e.g. “plant nurseries,” “processing plant for crops,” “tree farm,” “produce/flower stand”). As the city’s designated zones for agriculture and planting, it is consistent to allow for agriculture in these two zones, subject to the city’s standards and limitations present in other sections of the code. Additionally, the proposed amendments also include the addition of a definition to define “Agriculture/aquaculture/flower stands” and updates to the “Permitted Uses” tables for the “E-A” Exclusive Agriculture, “R-A” Residential Agricultural, “R-E” Rural Residential Estate, “C-T” Commercial Tourist, “P-U” Public Utility, and “L- C” Limited Control Zones. The purpose of standardizing the language across the various zones’ permitted uses table was to ensure nomenclatural consistency and equal permitting. Amendment 13 – Substantial Conformance Review Introduction of Chapter 21.89 – Substantial Conformance Review The proposed introduction of Chapter 21.89 “Substantial Conformance Review” is intended to May 15, 2024 Item #1 45 of 50 PROJECT ANALYSIS (GENERAL PLAN, MUNICIPAL CODE, AND OTHER REGULATIONS) Proposed Amendment Discussion/Analysis standardize and update existing Community Development Department protocol for the review of applications seeking a consistency determination. Based on the department’s existing Policy 35 (Exhibit 5), the language and standards included in this chapter outline the process and standards which a proposed project will be reviewed against. By formalizing this process and codifying it into the city’s municipal code, this increases transparency in review and aligns the city’s discretionary review process with similar processes such as those recently adopted with the city’s Objective Design Standards and established by state law. The proposed amendments listed below are amendments to sections of the CMC outside of Title 21, the city’s Zoning Ordinance, and are therefore not under the purview of the Planning Commission. Specifically, these amendments affect Title 8, Public Peace, Morals and Safety; Title 11, Public Property; and Title 15, Grading and Drainage. These items have been included for informational purposes. Proposed Amendment Discussion/Analysis Amendment 14 – Mobile Vending Changes to Section 8.32.020 “Definitions,” Section 8.32.080 “Sidewalk vending generally,” and Section 11.32.015 “Definitions.” The proposed amendment incorporates mobile services into the existing standards for vending. This amendment updates terminology to reflect current vending practices to improve enforcement, but remains applicable to the same uses/activities and is consistent with current code. Amendment 15 – Vending Permits Changes to Section 11.32.030 “Unlawful acts.” The proposed amendment incorporates the exclusionary clause “unless issued a valid vending equipment permit” into existing sections of the code which regulate the permitted activities at parks and beaches. This change reinforces existing vending permitting processes. Amendment 16 – Grading Permits Changes to Section 15.16.060 “Work exempt from a grading permit.” and 15.16.065 “Application for grading plan.” The proposed amendments reintroduce a section previously removed during the 2022 Zone Code Clean Up. Additionally, the proposed amendments also incorporate capital improvement projects initiated by the city or the Carlsbad Municipal May 15, 2024 Item #1 46 of 50 PROJECT ANALYSIS (GENERAL PLAN, MUNICIPAL CODE, AND OTHER REGULATIONS) Water District into the list of projects that are exempt from certain requirements related to grading permit applications. The inclusion of these amendments represents minor maintenance to the city’s code. D. Conformance with Local Coastal Program The 2024 Zone Code Clean Up proposes amendments to sections of Titles 15 and 21, which constitute portions of the city’s Local Coastal Program Implementation Plan, and therefore require that a Local Coastal Program Amendment be submitted to the California Coastal Commission for review and approval in accordance with the California Coastal Act. The Clean Up does not conflict with Coastal Act provisions regarding public access, scenic views, or preservation of steep slopes and habitat; Amendment 10, for example, would assist in the preservation of habitat in the Coastal Zone. Further, amendments would aid the usability and clarity of the Local Coastal Program. E. Growth Management (CMC Chapter 21.90) The 2024 Zone Code Clean Up poses no impact to public facilities because the Clean Up is not proposing any construction, change in land use or use intensity, amendments to Chapter 21.90, “Growth Management” or any changes to the provisions of the Growth Management Program, such as the performance standards. F. McClellan-Palomar Airport Land Use Compatibility Plan The 2024 Zone Code Clean Up affects land within the boundaries of the McClellan-Palomar Airport Land Use Compatibility Plan (ALUCP). The ALUCP was amended on December 1, 2011, and all projects within its boundary are required to be reviewed for consistency with its requirements. However, as per San Diego County Regional Airport Authority (SDCRAA) Policy 8.30(3)(b)(i)(b), “Airport Land Use Commission review of Local Agency proposals to adopt or amend zoning ordinances, building regulations, and other land use ordinances and regulations shall be required in instances where those ordinances and regulations have implications for ALUCP noise, airspace, or safety compatibility within the AIA of an Airport pursuant to the requirements of Public Utilities Code §21676(b).” Given that the amendments do not materially affect allowable land uses and the density or intensity of development regulations and do not have implications for ALUCP noise, airspace, or safety compatibility within the Airport Influence Area of McClellan-Palomar Airport, the Clean Up is consistent with the ALUCP. Staff’s determination is supported by consultation provided by SDCRAA staff. May 15, 2024 Item #1 47 of 50 Exhibit 5 May 15, 2024 Item #1 48 of 50 CITY OF CARLSBAD PLANNING DEPARTMENT Administrative Policy Policy No. Date Issued Effective Date Revised Date Sunersedes No. General Subject: Discretionary Permit Consistency Determinations Specific Subject: Guidelines Copies to: Department Staff. File POLICY: I. Intent and Purpose Page 1 of 3 35 August 18. 1998 February 26. 2001 February 23. 2001 An expectation and goal of the Carlsbad City Council, Planning Commission, City staff and general public is that all aspects of an approved development project (i.e. site design, landscaping, architecture. grading and conditions of approval) are completely implemented through project build- out The overriding objective is lo attain the highest quality project consistent with the design. conditions, and commitments associated with the original project approval. To this end, project applicants are required to provide detailed planning, engineering and building design information during the project review process. It is, however, recognized that there will be situations where aspects of an approved project will be proposed for revision. When the project involves a Tentative Tract Map or Tentative Parcel Map, and the proposed revisions would change that map, then the applicant must follow the Substantial Conformance policy of the Engineering Department (Policy 30, dated September 5. 1990). ln these cases, according to State Law, the City Engineer must determine if "the subdivision as shown is substantially the same as it appeared on the Tentative Map and approved alterations thereof." Virtually all projects, however, involve a discretionary permit(s) issued by the authority of Title 21 -the Zoning Ordinance. In these cases, the Planning Director has the responsibility of determining if the revised project is substantially the same as approved. Therefore this policy was derived to outline the criteria and procedures for obtaining a Consistency Determination from the Planning Director. More specifically, these Guidelines provide: (1) criteria for determining whether a requested project revision can be found to be consistent with the original project approval; and, (2) procedures for processing a Consistency Determination request. Since this process is different and separate from the Engineering Department's Substantial Conformance review. it is possible for a project lo be conforming to the approved Tentative Map but not consistent to the other discretionary permits. II. Consistency Determination Criteria A project revision may be determined to be consistent with the approved project if all of the following findings can be made: (1) No project condition, feature, facility or amenity is changed or deleted that had been considered essential to the project's design, quality, safety or function; May 15, 2024 Item #1 49 of 50 CITY OF CARLSBAD PLANNING DEPARTMENT Administrative Policy Policy No. Date Issued Effective Date Revised Date Suoersedes No. General Subject: Discretionary Permit Consistency Determinations Specific Subject: Guidelines Copies to: Department Staff, File Page 2 of 3 35 August 18, 1998 February 26, 2001 February 23, 2001 (2) The request represents an upgrade in overall design features and or materials and improves upon the project's compatibility with the surrounding neighborhood; (3) The proposed revision does not change the density (i.e. the addition of units) or boundary of the subject property; (4) The proposed revision does not involve the addition of a new land use not shown 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.); (5) 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); (6) The proposed revision does not create changes of greater than ten percent (10%), provided that compliance will be maintained with the applicable development standards of the Carlsbad Municipal Code as follows: Per individual lot or structure -yards, setbacks, coverage or height (height reductions of >10% are permitted); On an aggregate project basis -parking, open space, common area or landscaping; (7) The proposed change will not result in any significant environmental impact, and/or require additional mitigation; (8) The proposed change would not result in any health, safety or welfare impacts; (9) There were not any major issues or controversies associated with the original project which would be exacerbated with the proposed change; and (10) The proposed change would not be readily discernible to the decision makers as being substantially different from the project as originally approved. If the proposed revision does not comply with all of the above listed Consistency Determination findings, then a determination of consistency cannot be made. The proposed project revision should be processed as a formal project amendment. May 15, 2024 Item #1 50 of 50 CITY OF CARLSBAD PLANNING DEPARTMENT Administrative Policy Policy No. Date Issued Effective Date Revised Date Suoersedes No. General Subject: Discretionary Permit Consistency Determinations Specific Subject: Guidelines Copies to: Department Staff, File Ill. Consistency Determination Procedures Page 3 of 3 35 August 18. 1998 February 26. 2001 February 23. 2001 A request for a Consistency Determination shall be submitted to the Planning Department as a "major'' Preliminary Review (CD) application and the appropriate fees collected. The application shall include 2 sets of amended exhibits, graphics, statements or other information as may be required to explain and justify the request. Consistency Determination Preliminary Reviews will, where feasible, be assigned to the original project planner and engineer for review. The Consistency Determination request should also be reviewed by the project planner's "team". Within approximately 30 days of the Consistency Determination request submittal date, a letter will be sent to the applicant which will either: 1) include the Planning Director's decision on the Consistency Determination request; or 2) identify any additional information deemed necessary to make a Consistency Determination. Within approximately 30 days of the date of submittal of all requested additional information, notice of the Planning Director's decision on the Consistency Determination request shall be mailed to the applicant. The letter shall include a decision regarding whether the Consistency Determination request is granted or denied. Upon approval of a Consistency Determination request by the Planning Director, the project applicant shall submit two (2) blueline copies (24" x 36") of all Consistency Determination exhibits to be stamped "Consistency Determination Exhibit" and filed in the appropriate project files. The applicant shall also provide the City with a reproducible 24" x 36" mylar copy of the amended Site Plan, which shall be stamped "Consistency Determination Exhibit" and signed by the Planning Director. APPROVED BY: M1~Q, Planning Director Community Development Department Planning Division  1635 Faraday Avenue  Carlsbad, CA 92008  442-339-2600  760-602-8560 fax Planning Commission Memorandum May 14, 2024 To: Planning Commission From: Nicole Morrow, Assistant Planner Via: Eric Lardy, City Planner Re: Additional Materials Related to Item No. 1 2024 ZONE CODE CLEAN UP - ZCA2024-0001/LCPA2024-0020/MCA2024-0001 (PUB2024-0005) This memorandum addresses corrections necessary to the staff report package for the 2024 Zone Code Clean Up on the May 15, 2024, Planning Commission agenda. The corrections include the addition of an omitted attachment to Exhibit 1 and minor revisions to Exhibit 2, “Draft Zoning Ordinance Amendment.” Updated text will appear bolded. The revisions are described as follows: 1. Include Exhibit 1, Attachment A “Draft City Council Ordinance” as an addition to the Planning Commission Resolution (Exhibit 1) of the staff report package. Attachment A incorporates the changes included herein. 2. Revise Amendment 10, “Habitat Removal,” of Exhibit 2 to delete punctuation in the last sentence (final comma) of 21.210.030 A.2 to read as follows: ‘2. Corrective Action. The City Planner, in consultation with the wildlife agencies, shall determine the extent of corrective action necessary to cure the violation. Corrective action may include a higher mitigation ratio than specified in Table 11 of Section D.6 of the HMP. The owner of the property shall be responsible for correcting any grading, clearing, or removal of habitat on the property, which occurred in violation of this chapter, including a violation which occurred prior to the owner’s acquisition of the property, and which continues after the acquisition of the property.’ 3. Revise Amendment 11, “Housing Standards,” of Exhibit 2 to include additional text in 21.85.040 G. to read as follows: ‘G. Both Tthe internal and external design of the inclusionary units shall be reasonably consistent or compatible with the design of the total project development in terms of appearance, materials and finished quality. Interior finishes and amenities may differ from those provided in the market rate units, but neither the workmanship nor the products may be of substandard or inferior quality as determined by the city.’ ------ {city of Carlsbad ZCA2024-0001/LCPA2024-0020 (PUB2024-0005) - 2024 ZONE CODE CLEAN UP May 14, 2024 Page 2 4. Revise Amendment 11, “Housing Standards,” of Exhibit 2 to include omitted, existing text from 21.86.100 B. to read as follows: ‘B. Affordable units shall be comparable in exterior and interior appearance and overall quality of construction to market rate units in the same housing development. Interior finishes and amenities may differ from those provided in the market rate units, but neither the workmanship nor the products may be of substandard or inferior quality as determined by the city.’ Attachment: Exhibit 1, Attachment A “Draft City Council Ordinance” cc: Allegra Frost, Senior Assistant City Attorney Mandy Mills, Housing and Homeless Services Director Mike Strong, Assistant Community Development Director Eric Lardy, City Planner Rosanne Humphrey, Senior Program Manager Scott Donnell, Senior Planner Nicole Piano Jones, Senior Program Manager Attachment A ORDINANCE NO. . AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A ZONE CODE AMENDMENT AND A LOCAL COASTAL PROGRAM AMENDMENT TO THE ZONING ORDINANCE (TITLE 21) OF THE CARLSBAD MUNICIPAL CODE TO COMPLETE VARIOUS MISCELLANEOUS CLEANUP CHANGES CASE NAME: 2024 ZONE CODE CLEANUP CASE NO: ZCA 2024-0001/LCPA 2024-0020 (PUB 2024-0005) WHEREAS, on May 15, 2024, the Planning Commission held a duly noticed public hearing as prescribed by law to consider ZCA 2024-0001/LCPA 2024-0020; and WHEREAS, the Planning Commission adopted Planning Commission Resolution No. recommending to the City Council that ZCA 2024-001/LCPA 2024-0020 be approved; and WHEREAS, as required by state law, a six-week notice of availability was issued for LCPA 2024- 0020 from May 10, 2024, to June 21, 2024, and no comments were received; and WHEREAS the City Council of the City of Carlsbad held a duly noticed public hearing as prescribed by law to consider ZCA 2024-0001/LCPA 2024-0020; 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 ZCA 2024-0001/LCPA 2024-0020. NOW, THEREFORE, the City Council of the City of Carlsbad, California, ordains as follows that: 1. The above recitations are true and correct. 2. That the findings of the Planning Commission in Planning Commission Resolution No. shall also constitute the findings of the City Council. 3. That Ordinance CS-432 as adopted by the City Council on Sept. 27, 2022, and Ordinance CS-449 as adopted by the City Council on June 6, 2023, are pending Coastal Commission review and are incorporated into this ordinance. 4. That Chapter 21.04.024 of the Carlsbad Municipal Code is amended by the addition of a new section as shown below: 21.04.024 Agriculture/aquaculture/flower stands. Agriculture/aquaculture/flower stands mean a structure of no larger than 200 square feet ancillary to active agriculture/aquacultural uses on the property and for the display and sale of products produced on or off-site. There shall be no space for customers within the structure itself. 5. That Table A, Permitted Uses, of Section 21.07.020 (E-A Exclusive Agricultural Zone) of the Carlsbad Municipal Code is amended by the addition and deletion of the following use listings, modification of related footnote 3 and the addition of footnote 7 to read as follows: 21.07.020 Permitted uses. Table A Permitted Uses Use P CUP Acc Agriculture (see note 7 below) X Agriculture/aquaculture/flower stands (see note 3 below) (defined: Section 21.04.024) X Notes: 3. Agriculture/aquaculture/flower stands. Provided that the floor area of the stand shall not exceed two hundred square feet, that the stand is located not nearer than twenty feet to any street or highway, and that the stand is only allowed accessory to an active agricultural or aquacultural use. 7. Only the following agricultural uses, and buildings accessory to such agricultural uses, under this use type are permitted in the E-A zone: (A) Field and seed crops, (B) Truck crops, (C) Horticultural crops, (D) Orchards and vineyards, (E) Tree farms, (F) Fallow lands. 6. That Table A, Permitted Uses, of Section 21.08.020 (R-A Residential Agricultural Zone) of the Carlsbad Municipal Code is amended by the modification of the following use listings and the addition of related footnotes 8 and 9 to read as follows: 21.08.020 Permitted uses. Table A Permitted Uses Use P CUP Acc Agriculture (see note 8 below) X Agriculture/aquaculture/flower stands (see note 9 below) (defined: Section 21.04.024) X Notes: 8. Only the following agricultural uses, and buildings accessory to such agricultural uses, under this use type are permitted in the R-A zone: (A) Field and seed crops, (B) Truck crops, (C) Horticultural crops, (D) Orchards and vineyards, (E) Tree farms, (F) Fallow lands. I I I I 9. Agriculture/aquaculture/flower stands. Provided that the floor area of the stand shall not exceed two hundred square feet, that the stand is located not nearer than twenty feet to any street or highway, and that the stand is only allowed accessory to an active agricultural or aquacultural use. 7. That Table A, Permitted Uses, of Section 21.09.020 (R-E Rural Residential Estate Zone) of the Carlsbad Municipal Code is amended by the addition and deletion of the following use listing and the addition of related footnotes 7 and 8 to read as follows: 21.09.020 Permitted uses. Table A Permitted Uses Use P CUP Acc Agriculture (see note 7 below) X Agriculture/aquaculture/flower stands (see note 8 below) (defined: Section 21.04.024) X Notes: 7. Only the following agricultural uses, and buildings accessory to such agricultural uses, under this use type are permitted in the R-A zone: (A) Field and seed crops, (B) Truck crops, (C) Horticultural crops, (D) Orchards and vineyards, (E) Tree farms, (F) Fallow lands. 8. Agriculture/aquaculture/flower stands. Provided that the floor area of the stand shall not exceed two hundred square feet, that the stand is located not nearer than twenty feet to any street or highway, and that the stand is only allowed accessory to an active agricultural or aquacultural use. 8. That Table A, Permitted Uses, of Section 21.10.020 (R-1 One-Family Residential Zone) of the Carlsbad Municipal Code is amended by the addition of the following use listings and related footnotes 5 and 6 to read as follows: 21.10.020 Permitted uses. Table A Permitted Uses Use P CUP Acc Poultry, roosters prohibited (5 or less) (see note 5) X Poultry, roosters prohibited (6-15) (see note 6) X Notes: I I I I 5. Poultry, roosters prohibited (5 or less); The animals must have a designated enclosure, provided that the animals’ enclosure shall not be located within the required front yard. The enclosure shall also not be located within fifteen feet of a habitable structure on an adjoining parcel zoned for residential uses, nor shall the enclosure be located within fifteen feet of a parcel zoned for residential uses when a habitable structure is not involved. In any event, the distance from the parcel zoned for residential uses shall be the greater of the distances so indicated. Animal enclosures must be regularly maintained and kept in a clean and sanitary manner to prevent the accumulation of flies, the spread of disease, or offensive odor. 6. Poultry, roosters prohibited (6-15); The animals must have a designated enclosure, provided that the animals’ enclosure shall not be located within the required front yard. The enclosure shall also not be located within forty feet of a habitable structure on an adjoining parcel zoned for residential uses, nor shall the enclosure be located within forty feet of a parcel zoned for residential uses when a habitable structure is not involved. In any event, the distance from the parcel zoned for residential uses shall be the greater of the distances so indicated. Animal enclosures must be regularly maintained and kept in a clean and sanitary manner to prevent the accumulation of flies, the spread of disease, or offensive odor. 9. That Section 21.10.030 E.12 of the Carlsbad Municipal Code is deleted and Section 21.10.030 E.13 is renumbered to E.12 to read as follows: 21.10.030 Accessory dwelling units and junior accessory dwelling units. E. Other Requirements and Standards. ADUs and JADUs shall comply with all the following requirements and standards: 12. An ADU may be sold separately from the primary dwelling only in limited situations pursuant to California Government Code Section 65852.26 (effective Jan. 1, 2022). 10. That Section 21.10.040 of the Carlsbad Municipal Code is amended to read as follows: 21.10.040 Home occupations. A. Home occupations which are not disruptive to the residential character of the neighborhood shall be permitted as an accessory use, subject to the following conditions: 1. The use of the dwelling for a home occupation shall be clearly incidental and subordinate to its use for residential purposes by its inhabitants. The establishment and conduct of a home occupation shall not change the principal character or use of the dwelling unit or property involved. 2. The home occupation may not utilize an area greater than twenty percent of the combined total floor area of all on-site structures. 3. There shall be no exterior evidence of the conduct of a home occupation, including outdoor display of equipment, materials, or supplies related directly or indirectly to the home occupation activity. A home occupation shall be conducted entirely within a dwelling, or an attached garage with the exception of tutoring in sports. 4. No employees shall be employed on the premises unless required by local or state law. 5. There shall be no signs, banners or flags identifying or advertising the home occupation. 6. The home occupation shall not create vehicular or pedestrian traffic in excess of that which is normal for the zone in which it is located. 7. The required residential off-street parking shall be maintained. 8. Limited indoor storage of goods or supplies (125 cubic feet maximum) may take place within no more than one room of the dwelling and/or in the attached garage (provided required parking on-site is maintained and properly located). 9. There shall be no separate entrance or exit way specifically provided in the dwelling or on the premises for the conduct of the home occupation, unless required by local or state law. 10. There shall be no process, procedure, substance, or chemical used which is hazardous to public convenience, health, safety, or general welfare or that changes the fire safety or occupancy classifications of the residence. 11. Electrical or mechanical equipment which creates visible or audible interference in radio or television receivers or causes fluctuations in line voltage outside the dwelling unit shall be prohibited. Home occupation activities shall not produce dust, glare, noxious matter, excessive noise, or vibrations beyond the subject property lines. B. Maximum number of customers and vendors. 1. Home occupations may have a maximum of one customer or vendor on the premises at any one time, between 7:00 a.m. and 7:00 p.m., Monday through Saturday. Home occupations shall not host customers or vendors on the premises more frequently than one customer or vendor within a 2-hour time period. 2. Home occupations involving tutoring students in music, academics, dance swimming or tennis at a residence may have a maximum of six non-resident students at any one time, and no more than 18 non-resident students during any one day. Sports related tutoring may be conducted between 7:00 a.m. and 7:00 p.m., Monday through Saturday. C. Notwithstanding the provisions above, the following uses are prohibited: 1. Automotive repair or other vehicle repair, body or mechanical; 2. Welding or machining; 3. Medical clinics or labs; 4. Animal hospitals, kennels and grooming facilities (see exception in Section 21.10.040 D); and 5. Uses that require explosives or highly combustible or toxic materials. D. Notwithstanding 21.10.040 C.4., animal sitting or grooming facilities may be permitted when conducted entirely indoors. Grooming services shall be limited to one customer on the premises at any one time, between 7:00 a.m. and 7:00 p.m., Monday through Saturday with no more than one customer within a 2-hour time period. E. The home occupation use shall not have utility services modifications, other than those required for normal residential use, that would be classified as commercial or industrial in load or design. F. Cottage Foods Operation. 1. Cottage Foods Operations shall be permitted as defined by Health and Safety Code Section 113758, conducted only within a dwelling that contains the dwelling’s kitchen and shall not be allowed in a garage or other accessory building. 2. There shall be no on-premise sale of goods except as allowed for a Cottage Food Operation by Health and Safety Code Section 114365 and with a valid County of San Diego Cottage Food permit from Department of Environmental Health. Occasional transport of goods from the premises for off-site sale may occur. Internet sales are not considered on-premise sale of goods. G. No person shall commence or carry on a home occupation/cottage food operation without first having received approval of a city business license. H. Home occupations shall comply with all noise, lighting, nuisance, health/safety, and other applicable city and state regulations. 11. That Table A, Permitted Uses, of Section 21.26.010 (C-1 Neighborhood Commercial Zone) of the Carlsbad Municipal Code is amended by the addition of the following use listing to read as follows: 21.26.010 Permitted uses. Table A Permitted Uses Use P CUP Acc Mixed use developments (defined: Section 21.26.015) X 12. That Table A, Permitted Uses, of Section 21.28.010 (C-2 General Commercial Zone) of the Carlsbad Municipal Code is amended by the addition of the following use listing to read as follows: 21.28.010 Permitted uses. Table A Permitted Uses Use P CUP Acc Mixed use developments (defined: Section 21.28.015) X I I I I I I I I 13. That Table A, Permitted Uses, of Section 21.29.030 (C-T Commercial Tourist Zone) of the Carlsbad Municipal Code is amended by the deletion and addition of the following use listings and the addition of related footnote 3 to read as follows: 21.29.030 Permitted uses. Table A Permitted Uses Use P CUP Acc Agriculture/aquaculture/flower stands (see note 3 below) (defined: Section 21.04.024) X Notes: 3. Agriculture/aquaculture/flower stands. Provided that the floor area of the stand shall not exceed two hundred square feet, that the stand is located not nearer than twenty feet to any street or highway, and that the stand is only allowed accessory to an active agricultural or aquacultural use. 14. That Table A, Permitted Uses, of Section 21.30.010 (C-M Heavy Commercial Zone) of the Carlsbad Municipal Code regarding the permitting of educational facilities is amended to read as follows: 21.30.010 Permitted uses. Table A Permitted Uses Use P CUP Acc Educational facilities, other (defined: Section 21.04.137) X I I I I I I I I 15. That Table A, Permitted Uses, of Section 21.31.030 (C-L Local Shopping Center Zone) of the Carlsbad Municipal Code is amended by the addition of the following use listing to read as follows: 21.31.030 Permitted uses. Table A Uses Permitted in the C-L Zone Use P CUP Acc Mixed Use Development (defined: Section 21.31.065) X 16. That Table A, Permitted Uses, of Section 21.32.010 (M Industrial Zone) of the Carlsbad Municipal Code regarding the permitting of educational facilities is amended to read as follows: 21.32.010 Permitted uses. Table A Permitted Uses Use P CUP Acc Educational facilities, other (defined: Section 21.04.137) X 17. That Table A, Permitted Uses, of Section 21.36.020 (P-U Public Utility Zone) of the Carlsbad Municipal Code is amended by the addition and deletion of the following use listings and the addition of related footnotes 2 and 3 to read as follows: 21.36.020 Permitted uses. Table A Permitted Uses Use P CUP Acc Agriculture (see note 2 below) X Agriculture/aquaculture/flower stands (see note 3 below) (defined: Section 21.04.024) X Notes: 2. Only the following agricultural uses, and buildings accessory to such agricultural uses, under this use type are permitted in the P-U zone: (A) Field and seed crops, (B) Truck crops, (C) Horticultural crops, (D) Orchards and vineyards, (E) Tree farms, (F) Fallow lands. I I I I I I I I I I I I 3. Agriculture/aquaculture/flower stands. Provided that the floor area of the stand shall not exceed two hundred square feet, that the stand is located not nearer than twenty feet to any street or highway, and that the stand is only allowed accessory to an active agricultural or aquacultural use. 18. That Table A, Permitted Uses, of Section 21.39.020 (L-C Limited Control Zone) of the Carlsbad Municipal Code is amended by the deletion and addition of the following use listings and the addition of related footnote 3 to read as follows: 21.39.020 Permitted uses. Table A Permitted Uses Use P CUP Acc Agriculture/aquaculture/flower stands (see note 3 below) (defined: Section 21.04.024) X Notes: 3. Agriculture/aquaculture/flower stands. Provided that the floor area of the stand shall not exceed two hundred square feet, that the stand is located not nearer than twenty feet to any street or highway, and that the stand is only allowed accessory to an active agricultural or aquacultural use. I I I I 19. That Table F, Residential Additions and Accessory Uses to One-Family Dwellings and Twin-Homes on Small Lots, of Section 21.45.090 (Planned Developments Zone) of the Carlsbad Municipal Code and the table’s footnotes are amended by deleting footnote 2 and renumbering the remaining footnotes to read as follows: 21.45.090 Residential additions and accessory uses. Table F Residential Additions and Accessory Uses to One-Family Dwellings and Twin-Homes on Small Lots Addition/Accessory Use Minimum Front Yard Setback Minimum Side and Rear Yard Setbacks Attached/detached patio covers 10 feet to posts (2-foot overhang permitted) 5 feet to posts (2-foot overhang permitted) Non-habitable detached accessory buildings/structures (e.g., garages, workshops, decks over 30 inches in height)(1) (2) 20 feet 5 feet Accessory dwelling units or junior accessory dwelling units(2) 20 feet See 21.10.030 Habitable detached accessory buildings (i.e. guest houses and accessory dwelling units) (2) (3) (4) 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) Must be architecturally compatible with the existing structure. (3) Except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030. (4) Refer to California Government Code Section 65852.2 (effective Jan. 1, 2023) for front yard setback requirements for 800 sq. ft. maximum ADUs with four-foot side and rear yard setbacks and constructed in compliance with all other development standards. 20. That Section 21.58.030 of the Carlsbad Municipal Code is amended to read as follows: 21.58.030 Expiration of permits. A. Any permit or approval granted pursuant to this title becomes null and void if not exercised within three 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 the approved tentative map or tentative parcel map. The permit or approval may be extended pursuant to Section 21.58.040. B. A project shall be considered “exercised” when: (1) A vesting tentative map has been approved pursuant to California Government Code section 66498.1 and has not expired; or (2) A valid building or grading permit has been issued and substantial work has been performed with at least one inspection conducted by the city to ensure compliance with codes and approved construction documents; or C. If no building or grading permits are required, the action granting an approval pursuant to this title shall specify the terms and limitations of a use or activity. 21. That Section 21.85.020 A. of the Carlsbad Municipal Code is amended to read as follows: 21.85.020 Definitions. Whenever the following terms are used in this chapter, they shall have the meaning established by this section: A. “Affordable housing” means housing for which the allowable housing expenses paid by a qualifying household shall not exceed a specified fraction of the county median income, adjusted for household size, as follows: 1. Extremely low-income, rental units: the product of thirty percent times thirty percent of the county median income, adjusted for household size, in accordance with California Health and Safety Code Section 50053; 2. Extremely low-income, ownership units: the product of thirty percent times thirty percent of the county median income, adjusted for household size, in accordance with California Health and Safety Code Section 50052.5; 3. Very low-income, rental units: the product of thirty percent times fifty percent of the county median income, adjusted for household size, in accordance with California Health and Safety Code Section 50053; 4. Very low-income, ownership units: the product of thirty percent times fifty percent of the county median income, adjusted for household size, in accordance with California Health and Safety Code Section 50052.5; 5. Low-income, ownership units: the product of thirty percent times eighty percent of the county median income, adjusted for household size, in accordance with California Health and Safety Code Section 50052.5; and 6. Low-income, rental units: the product of thirty percent times seventy percent of the county median income, adjusted for household size, in accordance with California Health and Safety Code Section 50053. 22. That Section 21.85.040 of the Carlsbad Municipal Code is amended to read as follows: 21.85.040 Affordable housing standards. The affordable housing standards are as follows: A. All qualifying residential developments pursuant to Section 21.85.030(A) are subject to and must satisfy the inclusionary housing requirements of this chapter, notwithstanding a developer’s request to process a residential development under other program requirements, laws or regulations, including, but not limited to, Chapter 21.86 (Residential Density Bonus) of this code. If an applicant seeks to construct affordable housing to qualify for a density bonus in accordance with the provisions of Chapter 21.86 (Residential Density Bonus), those affordable dwelling units that qualify a residential development for a density bonus shall also be counted toward satisfying the inclusionary housing requirements of this chapter. B. Whenever reasonably possible, inclusionary units should be built on the residential development project site. C. The required inclusionary units shall be constructed concurrently with market-rate units unless both the final decision-making authority of the city and developer agree within the affordable housing agreement to an alternative schedule for development. D. Inclusionary rental units shall remain restricted and affordable to the designated income group for fifty-five years. In addition to the income of a targeted group, limitations on assets may also be used as a factor in determining eligibility for rental or ownership units. Notwithstanding anything to the contrary in this chapter, no inclusionary unit shall be rented for an amount which exceeds ninety percent of the actual rent charged for a comparable market unit in the same development, if any. For projects with both inclusionary units and market-rate units, the inclusionary units shall be provided in the same tenure as the market- rate units, consistent with California Civil Code 714.7. E. After the initial sale of the inclusionary ownership units at a price affordable to the target income level group, inclusionary ownership units shall remain affordable to subsequent income eligible buyers pursuant to a resale restriction with a term of thirty years or ownership units may be sold at a market price to other than targeted households provided that the sale shall result in the recapture by the city or its designee of a financial interest in the units equal to the amount of subsidy necessary to make the unit affordable to the designated income group and a proportionate share of any appreciation. Funds recaptured by the city shall be used in assisting other eligible households with home purchases at affordable prices. To the extent possible, projects using ownership units to satisfy inclusionary requirements shall be designed to be compatible with conventional mortgage financing programs including secondary market requirements. F. Inclusionary units should be located on sites that are in proximity to or will provide access to employment opportunities, urban services, or major roads or other transportation and commuter rail facilities and that are compatible with adjacent land uses. G. Both the internal and external design of the inclusionary units shall be reasonably consistent or compatible with the design of the total project development in terms of appearance, materials and finished quality. Interior finishes and amenities may differ from those provided in the market rate units, but neither the workmanship nor the products may be of substandard or inferior quality as determined by the city. H. Inclusionary projects shall provide a mix of number of bedrooms in the affordable dwelling units in response to affordable housing demand priorities of the city. Bedroom count and unit sizes of inclusionary units shall be commensurate with market rate units. I. No building permit shall be issued, nor any development approval granted for a development which does not meet the requirements of this chapter. No inclusionary unit shall be rented or sold except in accordance with this chapter. J. For Mixed-Income projects, where both inclusionary units and market rate units exist, the inclusionary units shall be dispersed throughout the project, and not congregated to specific areas or floors, consistent with California Health and Safety Code Section 17929. 23. That Section 21.85.140 D. of the Carlsbad Municipal Code is amended to read as follows: 21.85.140 Affordable housing agreement as a condition of development. D. An affordable housing agreement will not be required for projects which will be satisfying their inclusionary housing requirement through payment to the city of an in-lieu fee or credit purchase. 24. That Section 21.86.100 of the Carlsbad Municipal Code is amended to read as follows: 21.86.100 Design and quality. A. The city may not issue building permits for more than 50 percent of the market rate units until it has issued building permits for all of the affordable units, and the city may not approve any final inspections or certificates of occupancy for more than 50 percent of the market rate units until it has issued final inspections or certificates of occupancy for all of the affordable units. B. Affordable units shall be comparable in exterior and interior appearance and overall quality of construction to market rate units in the same housing development. Interior finishes and amenities may differ from those provided in the market rate units, but neither the workmanship nor the products may be of substandard or inferior quality as determined by the city. C. The number of bedrooms of the affordable units shall at least equal the minimum number of bedrooms of the market rate units. Bedroom count and unit size shall also be commensurate with market rate units. D. For Mixed-Income projects, where both inclusionary units and market rate units exist, the inclusionary units shall be dispersed throughout the project, and not congregated to specific areas or floors, consistent with California Health and Safety Code Section 17929. 25. That the Carlsbad Municipal Code is amended by the addition of new Chapter 21.89 Substantial Conformance Review to read as follows: Chapter 21.89 SUBSTANTIAL CONFORMANCE REVIEW 21.89.010 Purpose and Intent. After a discretionary project is approved, the applicant may need to request minor revisions, usually as the result of a plan check or new requirement. Minor changes may be approved by the city planner if found to be in “substantial conformance” with the original project description, findings, and conditions. The purpose of this section is to provide a process that determines if a post-entitlement permit or ministerial permit application is substantially consistent and in conformance with a previously approved discretionary action when changes to the previous approval are proposed. This includes a review of the post-entitlement permit or ministerial permit application against approved exhibits, permit conditions, and environmental documentation associated with the authorizing discretionary permit, and applicable land-use policies and standards. 21.89.020 Applicability. Unless otherwise stated as a permit condition or as required by the municipal code, substantial conformance review is an optional service available to applicants who are proposing to modify their project after an authorizing discretionary permit has been approved by the city. 21.89.030 Immaterial Changes. The city planner may determine changes are immaterial, do not require substantial conformance review, and may be approved as part of the ministerial application. Immaterial changes are very minor changes to the project and incidental in nature, are consistent with all development standards, and are of no substantial consequence to the project approval, including its exhibits, conditions, and environmental documentation. The city documents the approval of immaterial changes in the post- entitlement permit or ministerial permit application. Examples of immaterial changes may include but are not limited to: A. Floor plan revisions that do not increase parking demand or modify the building footprint. B. Modification of the length, height and location of garden, perimeter, and retaining walls. C. Reconfiguration or addition of parking lot planters. D. Resizing of a minor feature, such as a window, that does not exceed a 10 percent change from the original dimensions. E. Repainting a structure or appurtenance in a hue that is substantially similar to the approved project. 21.89.040 Substantial Conformance Request. An application for a substantial conformance review shall be on a form provided by the city planner, which shall require that information necessary to make the findings specified within this chapter. 21.89.050 Fees. The City Council may impose by resolution a nonrefundable fee to reimburse the city for its reasonable and necessary costs in receiving, processing, and reviewing applications for a substantial conformance review. 21.89.060 Review Authority and Procedure. A. A request for substantial conformance review may be approved by the city planner and shall be processed independently of any other required development permits. B. The filing of an application for request for substantial conformance review shall not require public notice. C. If necessary to reach a determination on the request for substantial conformance review, the city planner may request: 1. Further information from the applicant, specifying in detail the information that is required. 2. Information from other city departments and divisions or other agencies. D. Conditions of approval cannot be removed or revised as a substantial conformance request. E. Within 30 days after receipt of a complete substantial conformance review application, the city planner shall notify the applicant of the decision to approve or deny the request, with the reasons for denial stated according to the findings contained in Section 21.89.070. F. If the city planner denies the request, the applicant may pursue the request to change the project by filing an amendment to the authorizing discretionary permit(s) pursuant to Section 21.54.125 of this title. 21.89.080 Required Findings. A. A project revision may be determined to be consistent with the approved discretionary action if the following findings can be made: 1. That the proposed revision provides an architectural style of development that is substantially consistent with the building forms, building colors, and building materials that were approved as part of the authorizing discretionary action. 2. That the proposed revision complies with all relevant development standards and design criteria and will not result in any health, safety, or welfare impacts. 3. That the proposed revision is consistent with the density, intensity, or use from what was approved as part of the authorizing discretionary action. 4. That the proposed revision is minor and authorizes a deviation or deviations of no more than 10 percent, provided that it is consistent with the authorizing discretionary action and maintains compliance with all relevant development standards. Examples of deviations that may be granted include but are not limited to: a. On an individual lot or structure basis: yards, setbacks, lot coverage and building height (height reductions of greater than 10 percent are permitted). b. On an aggregate project basis: parking, open space, common area, or landscaping, including planting area, quantity and size. c. A deviation permitted under this section does not increase the intensity of the project or have a potentially detrimental effect. 5. That the proposed revision maintains, in their entirety, all of the project conditions required as part of the authorizing discretionary action. 6. That the proposed revision is consistent with the previously evaluated environmental finings and will not result in any significant environmental impact, and/or require further environmental review. 7. That the proposed revision is consistent with the standards set forth in the Village and Barrio Objective Design Standards or the Citywide Objective Design Standards, as applicable. 21.89.090 Public Parks. Modifications to approved discretionary permits for public parks also may be permitted subject to Section 21.42.140 B. 100 of this title. 21.89.100 Appeal. The effective date of the city planner’s decision and method for appeal of such decision shall be governed by Chapter 21.54.140 of this title. 21.89.110. Severability. If any section, subsection, sentence, clause, or phrase of this chapter is for any reason held invalid or unconstitutional by the decision of any court of competent jurisdiction, the decision will not affect the validity of the remaining portions of this chapter. The city council declares that it would have passed the ordinance codified in this chapter and each section, subsection, sentence, clause, or phrase contained in it irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases are declared invalid or unconstitutional. 26. That Section 21.201.130 A. 3. of the Carlsbad Municipal Code is amended to read as follows: 21.201.130 Developments appealable to the coastal commission. A. The following developments, due to their type or location, are within the appeal jurisdiction of the coastal commission. Only decisions approving a coastal development permit for these developments are appealable to the coastal commission, unless otherwise noted. Areas subject to appeal jurisdiction are shown on the post LCP certification map which is on file in the planning division. 3. Developments approved by the city not included within subsection A of this section which are located in a sensitive coastal resource area. 27. That Section 21.210.030 of the Carlsbad Municipal Code is amended to include new subsection C.to read as follows: 21.210.030 Applicability. C. No removal of habitat, including mowing, shall occur until all the processing and permitting requirements of this chapter are satisfied. 28. That Section 21.210.100 of the Carlsbad Municipal Code is amended to update A.2 to read as follows: 21.210.100 Enforcement measures – Violations and remedies. A. Whenever the City Planner determines that a violation of this chapter has occurred or an individual has impacted habitat without the benefit of an HMP permit, the following enforcement measures and remedies may be undertaken by the City Planner, in lieu of or in addition to any remedial actions undertaken in accordance with Section 15.16.140 of the municipal code. 1. Stop Work Notice. The City Planner shall issue a stop work order demanding that all activities in violation of this chapter be stopped until a valid HMP permit is obtained and corrective action is authorized by the City Planner. 2. Corrective Action. The City Planner, in consultation with the wildlife agencies, shall determine the extent of corrective action necessary to cure the violation. Corrective action may include a higher mitigation ratio than specified in Table 11 of Section D.6 of the HMP. The owner of the property shall be responsible for correcting any grading, clearing, or removal of habitat on the property, which occurred in violation of this chapter, including a violation which occurred prior to the owner’s acquisition of the property and which continues after the acquisition of the property. 29. That all instances of the abbreviation “O-S” in Title 21 of the Carlsbad Municipal Code shall be replaced with “OS.” EFFECTIVE DATE OF THIS ORDINANCE APPLICABLE TO PROPERTIES OUTSIDE 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. 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 2024-0020, 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 ______ day of __________, 2024, and thereafter PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the __ day of ________, 2024, by the following vote, to wit: AYES: NAYS: ABSTAIN: ABSENT: APPROVED AS TO FORM AND LEGALITY: _________________________________ CINDIE K. McMAHON, City Attorney _______________________________________ KEITH BLACKBURN, Mayor _______________________________________ SHERRY FREISINGER, City Clerk (SEAL) 2024 Zone Code Clean Up Scott Donnell, Senior Planner Nicole Morrow, Assistant Planner Community Development Department May 15, 2024 {city of Carlsbad 2 TODAY’S PRESENTATION •Purpose •Criteria •Overview of Amendments •Next Steps •Recommendation ITEM 1: 2024 ZONE CODE CLEAN UP {city of Carlsbad 3 PURPOSE •Bi-annual effort part of the department’s work program (most recent – 2022) •Review of city codes and regulations to maintain consistency with state law and reduce errors and ambiguities •Based on existing language and/or precedent of city policies ITEM 1: 2024 ZONE CODE CLEAN UP {city of Carlsbad 4 CONSISTENCY •Clean Up scope is narrow and focused •All amendments are consistent with the policies of the General Plan and Local Coastal Program •All amendments all compliant with CEQA and state and federal law ITEM 1: 2024 ZONE CODE CLEAN UP {city of Carlsbad 5 CRITERIA Corrections & Updates •Address errors and inconsistencies •Update code references and terminology •Improve regulatory consistency with other city documents and state laws Clarifications •Add and delete ambiguous phrases •Improve code clarity and usability ITEM 1: 2024 ZONE CODE CLEAN UP {city of Carlsbad 6 CORRECTIONS & UPDATES •Amendment 1 – “Removed Footnote” •Amendment 2 – “Removed Item B” •Amendment 3 – “Notice of Restriction” •Amendment 9 – “ ‘OS’ Open Space” •Amendment 11 – “Housing Standards” •Amendment 13 – “Substantial Conformance Review” ITEM 1: 2024 ZONE CODE CLEAN UP {city of Carlsbad 7 CLARIFICATIONS •Amendment 4 – “M and C-M Zones Permitted Uses” •Amendment 5 – “Permit Expiration” •Amendment 6 – “Home Occupations” •Amendment 7 – “Mixed Use Development” •Amendment 8 – “Animal Keeping” •Amendment 10 – “Habitat Removal” •Amendment 12 – “Agriculture Uses” ITEM 1: 2024 ZONE CODE CLEAN UP {city of Carlsbad 8 CITY COUNCIL AMENDMENTS Corrections & Updates •Amendment 14 – “Mobile Vending” •Amendment 15 – “Vending Permits” Clarifications •Amendment 16 – “Grading Permits” Amendments to code sections outside of Title 21: ITEM 1: 2024 ZONE CODE CLEAN UP {city of Carlsbad 9 OVERVIEW OF AMENDMENTS ITEM 1: 2024 ZONE CODE CLEAN UP Amendment 3 3. That Section 21.10.030 E.12 of the Carlsbad Municipal Code is deleted and Section 21.10.030 E.13 is renumbered to E.12 to read as follows: EKhibit2 Amendment2 2. That Section 21.201.130 A. 3. of the Carlsbad Municipal Code is amended to read as follows: 21.201.130 Developments appealable to the coutal commission. Exhibit2 ZCA 2024-0001/l(PA 2024-()()20 (PUS 2024-0005) 2024 20Nf COPE ctEAN UP praft reyisiom to thr Carlsbad Municipal Cod£ Trtlr 21 (Zoning Qrdinancrl NOTE: Proposedchane:esareshown in ~/~format. iehlights indicatechane:esapprovedbythe City Council as part of Ordinance r:5-432 on Sept. 27, 2022, and Ordinance cs-449 on June 6, 2023, and pendine: Coastal Commission review. Additionally, bracketed, italicized telCt (e.e .• ·tteKtrl provides clarification where needed. Amendment1 That Table f of Section 21.45.090 (Planned Developments Zone) of the Carlsbad Municipal Code and the table's footnotes are amended by deletine footnote 2 and renumberine the remainini: footnotes to read as follows 21.45.090 Residential additions and accessory uses. Ti1blef Residential Additions and Accessory Uses to One-family Dwelline:s and Twin-Homes on Small Lots Addition/Acceuory Us.e Allached/detachedl)illioCO\lelS~ Non-habitabledelachedacces~buildings/slruclures (e.g.,garages,WOOCShops,decksover30inchesin tleightfli!~!•(~) HabilabledeCachedaoces~buildings Minimum front Yard setback 101eeiloposb (2-footovemang perrritted) 20feet Minimum Side and Rear Yard5etbaCkl Sfeelloposts {2-fooloverhangpermitted) (i.e. guest houses and accessory dwelling unil~~(a1.1i3i Same setbacb as requi"ed for the prima,y dweling ,., Additions to dWeling [attached) Same setbacks as required !or the dWelling Notes: (1) Maximum buildine: heie:ht is 1 story and 14 feet with 11 3:12 roof pitch or 10 feel with less than a 3:12 (i-l.) Mu!it be architecturally compatible with the existin& dructure (41) EKcept as otherwise permitted for accessory dwelline: units pursuant to Section 21.10.030. (i4) Refer lg Cal"fornia Government Code St-rtiqn 65852 2 (t-fft-rtjve Jan. 1 2023) for front yqrd 'iStback• requirements for 800 sg. ft. maximum AOUs with four-foot side and rear yard setbacks and aljurisdictionoflhe sedevelopmentsare 1ealjurisdictionare aA4--i-ofthissection ithallthefollowin& 1limitedsituationspursuantto {city of Carlsbad 10 AMENDMENT 1 •Removes a footnote from Table F that is inconsistent with current language •Change was omitted from Ordinances CS- 432 and CS-449 “Removed Footnote” ITEM 1: 2024 ZONE CODE CLEAN UP 1 of 13 {city of Carlsbad 11 AMENDMENT 1 ITEM 1: 2024 ZONE CODE CLEAN UP Highlighted text indicates language pending Coastal Commission approval 13 12 11 10 2 3 4 5 6 7 8 9 1 21.45,.090 Residentffial addimons a1rn,dl am:essoiry I1.1ses. Table F Residential Addi1tioms and Aocessory I1!.ll.se.s to, One-Family D\vellurrngs arndl liw:iin-Homes on Srn,aH Lois Mi11imum FromtY:nd Mirnirnll liTI Sjde ,a111d Rear Addifilon/Aocessory 11.Jse Se1iback Yard Setbacks 10 foot to posts 5 feel to poS:ts Atladledldetached patio ,covers (2-foo1 overhang permiHed) (2-fooi overha111g pfillillitteoD 5 feet li!88I Peel, s~a ;;! feet s~~ N'o:n-habitable detached accessory bucldings/slmciures (e.,g., garages, u orksh:(ij)S, decks over 30 i111ches i111 .20 feet] Sfoot 1r1eigliltl 11, '-l~) Habita:~e deiacliled accessory-lb:uildin~ (il.e. guest houses alild accessory dwe ling unif~ (@ (3), Same settladks as requ·red for the primary d1ove ing ( 1 Adcllili,ans to dvretlinyI (attached) Scame setbacks as r,equired for th e dvte'IIJng Note.s: (1) Maximum buildlirig height is 1 story and :!I. feet w ith a ,3:12 roof [Pitch or :!LO feet with less than a 3:12 roof pit ch. (2} M iRiA:i1c1FR UMoot s@pai:a.tim:i. FeElbli FE!d b~weien a hal:i·ita1ble h1c1ildiRg a.ns an,y ether s etad=1@6l a.cc@£5EJ·r,,' b1:1il ding/strnct1:1i:@. (~~J Must be archi edurally rnmpatible w ith t he exjsting .strudJt.1re. (~)1 Excep,t: as ot herwise permitted for arnessory dli.,.,ell ing units pursuantto Sectio 21..10.030. (~)1 Refer to California Government Cod e Section 65852.2 (effective Jan. 1, 2023) for ro yard setbacle: ts for 800 sq. ftt_ maxi mu s wit h fou -foo side a drear yard setbacks a COil ructed ill com plian ce wit h all o er • evelopment standards. {Nate: This was added asfoatnat:e 5 by Ordirmnce CS-449; the footnote number is proposed to change from 5 to 4 as shown.] 12 AMENDMENT 2 •Removes a reference to “Item B” which is not included in the code section •Language was introduced as part of Ordinance No. CS-178, but “Item B” was never included “Removed ‘Item B’” ITEM 1: 2024 ZONE CODE CLEAN UP 2 of 13 {city of Carlsbad 13 ITEM 1: 2024 ZONE CODE CLEAN UPAMENDMENT 2 21. , 1 130 Develo , 'ents ct ea~ ble ', the oasta co [I] ISS[D . h e foll g n s~ d o ir type o loc tio ) .a re vithi 111 the appe al -isdf ction of the co sta l co Y' ec1s10 s ap;p[f o inig a coastal de lop ent pe it fo r ese e s are a ppeal.a ble to t ne coa ,al , m nss10 ., less er Ise o d . , re.ass j ect 1l: a eal Ju ni sd1 ·o a[fe ~ho n an 1l: e post ILC wh~c ns n ·Ie i the I vI smo _ 3. De velo e e caty mot fn d ed , m ecibi :5, ~~ of this s,e ·o re h a re lo d i a sen:Si \te co ai sta I re s,o LIi re 14 AMENDMENT 3 •2023 Senate Bill 976 prohibits the enforcement of Notices of Restriction for ADUs •Removes language regarding Notices of Restriction related to ADUs “Notice of Restriction” ITEM 1: 2024 ZONE CODE CLEAN UP 3 of 13 {city of Carlsbad 15 ITEM 1: 2024 ZONE CODE CLEAN UPAMENDMENT 3 21.Jll .03 , ,o I esso d eHing 11!1 E . and Ill E or ace es.so • dwe I ing 11!1 irts. E. r ft qu1re e 111t s d S ~111 ards. AD sand JADUs sha ll co [ ith al l e fio llo 1ng re q u~ire -ents a d :s a a rd 5: 12. for l 1·1DUs permitted prnor to Ja r:n.a a r,,~ 1 2020 the city ma~; OJ rnti n ue to @ nforc@ a req u1 re rn @ mt fG r D\Vn e r--:o cCU p:a ne; of tihe A DU or prim a Pf r esidence. ±a-: 2. A bes , I s p ai te ly o pm a d ·ve~ri111g • 1111y • Ii i ed sitlLl ·o s uant Ca 1-o ia Go · ,1r111 -e t d Se· • o 6585 2 . 2 effe ·ve J ai _ ;p 2022.J 16 AMENDMENT 4 •M Zone permits any use allowed in the C-M Zone, except for daycares •C-M Zone permits any use allowed in other commercial zones •Educational facilities are permitted by-right in other commercial zones “M and C-M Zones Permitted Uses” ITEM 1: 2024 ZONE CODE CLEAN UP 4 of 13 {city of Carlsbad 17 ITEM 1: 2024 ZONE CODE CLEAN UPAMENDMENT 4 C-M Zone M Zone 21.30.010 PermiH:ed us-e~,., Use Ed u,catio na I Table .A Permiirttedl Uses, aci lities, other (defined·· Seictiio n 21. .. 04.13,7) p CUP Aicc X -1 :5. lihat Table A.,, Per • • d !Uses., of Section 2 .32.0j)_Q (M lndu . r.al Zone) of the Ca rls ad '1.ilu ici'p.,a l Code egarding e per i • g o f edu cational aoi rnties is amen de to ead as follow s: 21.32.010 PermiH:ed uS"es.. Use Edu catio na I a cilliti es, other deft Table .A Permiiittedl Uses, ed:: Section 21. .. 04.13,7) p X CUP Aicc -1 18 AMENDMENT 5 •Extends permit expiration from two to three years •Items B and C provide clarification on what actions determine whether a permit has been “exercised” “Permit Expiration” ITEM 1: 2024 ZONE CODE CLEAN UP 5 of 13 {city of Carlsbad 19 ITEM 1: 2024 ZONE CODE CLEAN UPAMENDMENT 5 21.58.030 E p,iratio of e rn its pe it or app iJJ va l gra d pursu a to 1l: is ·tie eco es II a v 1d i not eMercised .-hi 1l: ree ~ y ears o • da :e of approval; er its or a ppr ·va~s "'~ icn ai . rss ed irn nj111nctio 111 • ! a 1l:e rativ e ai • r tee ati e ai e I ap1 _ha ~~ no ex I e soo er · am t ne a ppr . d enta ·ve 0 1l:e ta e a reel map.. per it or ap :val ay be te ed [P ~ua nt Section 2 58 04 ading pe ce ''i.-Yiith cod es and to this - 'ity_ 20 AMENDMENT 6 •Overall update to provide clarification on the conditions, requirements, and state standards that must be met to operate home occupations in the R-1 Zone and other residential zones “Home Occupations” ITEM 1: 2024 ZONE CODE CLEAN UP 6 of 13 {city of Carlsbad ITEM 1: 2024 ZONE CODE CLEAN UPAMENDMENT 6 21 Amendment6 7. That Section 21.10.040 of the Carlsbad Municipal Code is amended to read as follows: 21.10.040 Home occ;upations. A. Home occupations which are not disruptive to the re.sidential chara~r of the neighborilood shall be permitted as an accessory use, subject to the following conditions: 1_ lls"'e 8EEl:lj3a#Bn5 shall I:!-EBPlh:i~EI a,s aseESFIElaPp l:l5e 1:1, a ,u id:FN BFFesiEI-Flt:s Bhhe ~ l. '\II hs"'e Be:a113a#BFI aEfi 'ffi:5 ,shall l:!e EBFIEll:l:leEI EFl8rel>, ithiFI th: r:.si!leMia.l 5"RJEl1:1Fe, eue:,:il fer 13effflit:1:eEI agria1h1:1Fa! BF RBl'8El:llt1:iral uses; 1. There sha~I l:!e RB :,nt:mal a~leFat:ien tB 1h: a13,:iearaF1e: Bf the re,siEleR8al51fl:lEl:l:IFE tRat 01:1~!1 F.,fl:a. 01e e;1isienEe Bhhe heffle BEE 13a8BR; 5. Ple SlBFage Bf "'at:Fal,s, gBeEls, e~l:l-j3"'ERl BF ~BEh in tFaEI: sh·a!I he ,:ieRllit:1:eEI heFe isil:!~e ffeFRthee;iteFiBrBhhe13rB13eFPf; 6. Ple El:li reFiE:5 BF 13iEhl:lj35 l:!J heao 1 !11:1~, EB"'FRerBal ehiEles sha.11 lie l3EFfflit:1:eEI; 7-. Sa!e ef gBBifes Bf s:r iee,s stia.11 nB• he EBF1d1:1aed BR the JIFBPER'J, 1!3~EeJ1t f:er agrie1:1lt1:1ral gBBEl5 gFB" P BFI the f!Fe"'i,se,s_ lhis f!FB ·s·iBn shall FIBI l:!e EBR5'1RJEEI IB flFBhilli• 1ahiF1g BFllers te, ,sa~e here ElelF er, Bf gBeils Bf J1erf:BrFRaF1Ee BfseP;Ees EIBe:S FIBI BEE.:IF Bnlhe flFBj3ef1't; B. The t,BH'le BEEl:lfla'HBR sha.11 RBI Eill:l5e an, e111erRal e,ffea ~al i,s iFleens·strnl ·•h the l'E.sitlefltial ~Bfle BF diSRIJl'r:5 the neighl:!erl>BBe', il'IEhfEfing, 1:11:11 RBI liFRiled IB, l'IBise fRIFR eqi:iipMEFII, •raffi~ ligt,Bng, Bffefl5F e BdBF BF eleElrie,al iMeFferenee; 9. PlB alt effi5iflg, signs BF disf!la1s Bf al'l1 Ii.REI iFIElieating thee 1istEF1ee Bflhe hBFRe BEE.Ufla8BA ,shall he Jleffl it:1:ed BAlhe JIFeFRise,s; IQ. lhe hBFRE! BEEl:IJ!al!BA shall FIBI 6i1U5e lhe er"'irtatien ef fEqYireEI eff nreel fJaFh"flg; n . lhe heFRe BEEl:IJ!al!BA Ma1 RBI \ftiliee al'I area grea-.er 1t,al'I t= en", flEFEeEFII efthe ee"'l:!il ed' tetalflee, area efall BA s·te s•rl:l'El:1:1re,s; a Ad n . o ei~ B1:1sine.ss l"eel'l:Se ·,s l'Eq1:1·reEI tent,e eeAEluet ef a t,el'Fle Bee>1:1J1atieP1. !9FEI. ~113: 7-18 § J, 1. The use of the dwelling for a home occupation shall be clearty incidental and subordinate to its use for residential purposes by its inhabitants. The establishment and conduct of a home occupation shall not change the principal character or use of the dwelling unit or property involved. 2. The home occupation may not utilize an area greater than twenty percent of the combined total floor area of all on-site structures. 3. There shall be no exterior evidence of the conduct of a home occupation including outdoor display of e-guipment materials or supplies related directly or indirectly to the home occupation activity. A home-occupation shall be conducted entirely within a dwelling or an attached gara""e with the exception of tutorin"" in sports.. 4. No employees shall be employed on the premises unless required by local or state law. 5. There shall be no signs banners or flags identifying or advertisin"" the home occupation. Page 7 B. c. D. 6. The home occupation shall not create vehicular or pedestrian traffic in excess of that which is normal for the rone in which it is ktcated. ,. The required residential off-street parting shall be maintained. •. l imited indoor storage of goods or supplies (125 cubic feet maximum) may take place within no more than one room of the dwelling and/or in the attached gara""e (provided r!:9uired parking on-site is maintained and properly located}. 9. There shall be-no separate entrance or e:,citwayspecifically provided in the dwelling or on the pre-mises for the conduct oft he home occupation unless r!:9uired by ktcal or state law. 10. There shall be no process procedure substance or chemical used which is hazardous to public con'o'enience health safety or general welfare or that changes the fire safety or occupancy classifications of the residence. 11. Electrical or mechanical equipment which creates 'o'isible or audible interference in radio or television receivers or causes fluctuations in line volta""e out.side the dwelling unit shall be prohibited. Home occupation activities shall not produce dust glare noxious matter excessive noise or vibrations beyond the subject property lines. Maximum number of customers and vendors. 1. Home occupations may have a maximum of one customer or vendor on the Pfemises at any one time between 7:00 a.m. and 7:00 p.m. Monday through Saturday. Home occupations shall not host customers or vendors on the premises more- fregue-ntly than one customer or vendor within a 2-hour time period. 2. Home occupations in'o'olving tutoring students in music academics dance swimmin"" or tennis at a residence may have a maximum of sb1 non-resident students at any one time and no more than 18 non-resident students durin"" any one day. Sports related tutoring may be conducted between 7:00 a.m. and 7:00 p.m. Monday through Saturday. Notwithstanding the provisions above the following uses are prohibited: 1. Automotive repair or other vehicle re-pair body or mechanical· 2. Welding or machining· ,. Medical clinics or labs· 4. Animal hospitals kennels and grooming facifities.(see exception in Section 21.10.040 D}· aod 5. Uses that require explosives or highly combustible or toxic materials. Notwithstanding 21.10.040 C.4., animal sitting or grooming facilities may be permitted when conducted entirely indoors. Grooming services shall be limited to one-customer on the premises at any one time between 7:00 a.m. and 7:00 p.m. Monday through Saturday with no more than one customer within a 2-hour time period. L The home occupation use shall not have utility services modifications, other than those required for normal residential use that would be classified as commercial or industrial in load or design. F. Cottage Foods Operation. 1. Cotta""e Foods Opel"i!tions shall be pe:rmitte-d as defined by Health and Sak:'ty Code Section 113758 conducted only within a dwelling that contains the dwelling's k:itd"!en and shall not be allowed in a garage or other accessory building. 2. There shall be no on-premise sale of goods except as allowed for a Cottage Food Operation by Health and Safety Cade Section 114365 and with a valid County of San Diego Cottage Food permit from Department of Environmental Health. Occasional transport of goods Page8 G. from the premises for off-site sale may occur. !nternet sales are not considered on-premise sa e of goads. No person shall commence or carry on a home occupation/cottaae food operation without first ha'o'in"" received approval of a city business license. H. Homeoccupatiansshallcomptywithall noise lightin"" nuisance health/safety and other applicable city and state regulations. Page9 22 AMENDMENT 7 •Adds a line for “Mixed Use Development” to “Permitted Uses” tables •Does not permit new uses; calls out existing permissions •Implements Housing Element Program 1.8(a) “Mixed Use Development” ITEM 1: 2024 ZONE CODE CLEAN UP 7 of 13 {city of Carlsbad 23 ITEM 1: 2024 ZONE CODE CLEAN UPAMENDMENT 7 C-1 Zone C-2 Zone C-L Zone 21.26.010 PermiHed u:sies. U:se Table .A Permirttedl Uses Miixed us,e develo!Jments {defined: Sectio111 21.26.015) p CUP Ace X 9. That Table A, Permitted Uses, o Section 21.28.010 (C-2 General Commercial Zone) of t he Carlshad M u11icipal Code is am e ed by the addition of the following use listing to read as ollo,w s: 21.28.010 Permitted u:sies. U:se Table .A Permirttedl Uses Miixed us,e develo!;!ments {defined: Section 21.28.015) p CUP Ace X 10. Th ai!: Table A, Permitted Uses i111 t he C-IL Zone, of Section 21.3]l.030 (C-l Local Shopping Center Zone) of t he Carlsbad Mu111 icipal Code is amended by he addition of he following us,e listing to read as follow s: 21.31.030 Permiltil:ed u:s,es. Table .A Uses P'ermitted in tlile C-L Zo,rn,e U:se p CUP Ace M rixed Use Develo12me111t [,defi11ed: Section 2L3U)65} X 24 AMENDMENT 8 •Permits poultry-keeping in the R-1 Zone based on the precedent of other zones •Sets limits on the types and number of poultry permitted in the R-1 Zone •Establishes setbacks for enclosures based on number of animals kept “Animal Keeping” ITEM 1: 2024 ZONE CODE CLEAN UP 8 of 13 {city of Carlsbad 25 ITEM 1: 2024 ZONE CODE CLEAN UPAMENDMENT 8 R-1 Zone 21 .. fil0.020 PeumiHed use:s, .. Use Table .A Permiirttedl Uses IPoultirv. roos.ter:s prohibit e,d rs or less} {see mote Sl Pouttrv. m oster.s prohibit e,d 1[16-15) {see note 6)1 Notes:: p CUP AICC i i S .. Poul. ry,. rrooste;rs prohdtbi t,ed (5, o,r less): The an·imalls ust ave a desiignated enclosure, prO"Vided tha. the animals.' enclos e shall not be !located w1ithin t lh e 1regui ed fron yard. The endo.sUJrre shaU allso mot be loc:ait ed w ithun fifteen feet o' a ha b1t a le strucibu1re o I'll an ad join ing p,a rrcel zone • or es idem . ia I uses, nor slh all the e nd osu1rre be llocatedl ·wit lh i'n f ifteen ., eet of a pa rrce I zo nedl f orr residern . ia I uses v,rhen a habita ble stm ctu e is not i nvohred .. I • any eve1 t. • he d ista rnce from tlh e par ce l zoned for residlential uses shall • e the greater of t he istances so indica ed. Ani mal end osures mu be regu1I ar ly ma i rntained and kept in a d ea rn and sanitary ann er to rprevent he acoum u llatio I'll of flies. the spread of disease. or offensive odor. 6 .. Poultry,. rroosters proh'ilbit,ed (6-l.5); The an imalls sit have a designate enclosure rproYided that ithe anima1ls' ern c~osu1re shall not be llocatedl within t he 1reguired firorn yard. The erndo.sUJrre s aim al:so not lbe located w i. hin 'orty :eet of a lhab'ita le :s. udure om an adj'oining par,cel .zoned for resid ential uses. norr sha 111 t he enclo:su re be loca ed w ithun forty feet of a p-arcel zone for resi d enti,a1II uses whe a Iha hita le :s ructu re i:s not involv,ed. In a my e vent, the distance rorn . he pa rce I 20 med f or residen ia I uses sh all e t he grearterr of the dlista rn ces so indi.ca . ed .. Arnu mal end osures m 11.J • e re,gu ~a ly ma1irn :aimed andl kept in a dlean and san·itarv marnrnerr t o prevent t lh e accu mulati'on of flies. t lh e sip ead of disease,. or offensirve odor .. 26 ITEM 1: 2024 ZONE CODE CLEAN UPAMENDMENT 8 5 Animals or Less 6-15 Animals Roosters Prohibited Roosters Prohibited 15-foot setback from adjoining parcel or habitable structure on adjacent parcel 40-foot setback from adjoining parcel or habitable structure on adjacent parcel Must have an enclosure Must have an enclosure Must maintain the enclosure for sanitation purposes Must maintain the enclosure for sanitation purposes 27 AMENDMENT 9 •Universal update to the nomenclature denoting Open Space as “OS” “ ’OS’ Open Space” ITEM 1: 2024 ZONE CODE CLEAN UP 9 of 13 {city of Carlsbad 28 ITEM 1: 2024 ZONE CODE CLEAN UPAMENDMENT 9 11. ir tt all in :Ir ces , f th b evi itic i"o-s""' in :Ir e rlsbad Mun i ci , ~~ OS .. 29 AMENDMENT 10 •Prevents clearing activities prior to receiving permits •Assigns responsibility for illegal clearing •Previous infractions will not be grandfathered-in under new ownership “Habitat Removal” ITEM 1: 2024 ZONE CODE CLEAN UP 10 of 13 {city of Carlsbad 30 ITEM 1: 2024 ZONE CODE CLEAN UPAMENDMENT 10 21.210.030 ApplicabUity. C. No removal of habitat. including mowing, shal ll occur until all the processing and permitting requirements of th is chapter are satisfied. 14. That Section 21.210.100 of the Carlsbad Municipal Code is amended to update A.2 to read as folllows: 21.210.100 Enforcement measures -Violations and remedies. A. Whenever the City Pllanner determines that a violation of this chapter has occurred or an individual has impacted habitat without the benefit of an HMP permit, the following enforcement measures and remedies may be undertaken by the City Planner, in liieu of or in addition to any remedial actions undertake·n in accordance with Section 15.16.140 of the municipal code .. 1. Stop Worlie Notice. The Ciity Planner shall issue a stop work order demanding that all activities in v·olation of this chapter be stopped until a vallid HMP permit is obtained and corrective action is author'iized by the City Planner. 2.. Corrective Action. The City Planner, in consulltation wiith the wildllife agencies, shal determine the extent of corrective action necessary to cure the violation. Corrective action may include a higher mitigation ratio than specified in Table 11 of Sectiion D.6 of the HM P. The owner of the property sha II be respons'iible for correcting any grad· ng, clearing, or removal of habitat on the property, which occurred in violation of this chapter, including a viollation which occurred prior to the owner's acgu is"tion of the property and which continues after the acquisition of t he property. 31 AMENDMENT 11 •Incorporates language related to state Health and Safety Code sections 50053, 50052.5, and 17929 •Incorporates language related to state Civil Code section 714.7 •Better defines requirements for unit size, mix, and finish quality of inclusionary housing projects “Housing Standards” ITEM 1: 2024 ZONE CODE CLEAN UP 11 of 13 {city of Carlsbad ITEM 1: 2024 ZONE CODE CLEAN UP 32 AMENDMENT 11 Amendment 11 15. That Section 21.85.020 A. of~ carl:sbad Municipal code is amended to read as follows: 21.85.020 Definitions. Whenever the following terms are us-ed in this chapter, they sha 11 have the meaning established b'f this A. "Afford3ble housini:r"' means housing for which the allO\\·able housing eJCp:enses paid bv a qualifying household shall not ex.ce~d a specified fraction of the county median income, adjust~ for household size, as follows: 1. Extremely low-income, rent.al~ units: the product of thirty peJCent times thirty percent of the county median income, adjusted for houxhold size-Jo_ accordance with california Health and safety code section 50053· 2. Ex remety 10\\'-income O\\'nership units: the product of thirty percent times thirty percent of th-2' county median income .adjusted for household size in accordanc-2' with California Health and Safety Code section 50052 .. 5· ~~ Very low-income, rental -A~ e rersl!i~ units~ the product of thirty percent times fifty p:ercent of the county median income, adjus.ted for household size in ;;,ccord,ance with California Health and safety code section 50053· 4. very low-income owners.hip units.: the product oi thirty percen, times fifty p.,;rcent of the county me-dian income adjusted for household size in accordance with California Health and Safety Code S&ti.tin 50052.5· & Low-income, ownership unks.: the product of thirty percent times eighty percent of the county median income, adjusted for household size in occordance with Ca.lifomia Health and safety Code S&tion 50052.5· and 4.§. Low-income, rental units: the product of thirt't' percent times seventy p:ercent of the county me-dian income, adjusted for household s:ize, in accordance with California Health and Safety Code S&tion 50053. 16. That section 21.85.040 of the carlsbod Municipal code is amended to re..id as follows:: 21,85.040 Affordable housing standards. The affordable housing standards are :l.S: follows: A. All qualifying ro2-.s:idential developments pursuant to section 21.B5.03~A] are s:ubject to and must satisfy th..-inclusion;;.ry housing requirements of th.is ch;;.pter, notwithst;;.nding a de\'eloper's request to process a residential de~lapment under other program rc-quirements, laws or r,e,gulations., induding, but not limited to, chapter 2LB6 (Residential Density 5onus:) of this cod'='. If an applicant seeks to construct affordo;bl..-housing to qualify for .a deruity bonus in accordance with the provisions of Chapt~r 21.S.6 (Residential Density Bonus), tho:5.-2' offord3ble dwelling units that qualify a re.s:idential d.e-velopment for a. density bonus shall also be counted tow;;,rd s;;,tisfying the indusionary housing requirements: of this chapter. Page 14 5. w henever reil.sonablv pos.sib-le, inclusionary units should be built on the residenO;;,I de\lelopment project site. C. The requir-ed indusionary units s.h.;;11 be construct-e-d concurrentlv with market-rate units unless both the final decision-making authority oithe city and de..,eloper a.gree within the afforda.bl..; housing ;;,greement to an alternati'Je schedule for development. D. lndusionary rental units shall remain restricted .and a ·ordab:le to the designated income group for fifty-five -.,ears. In addition to the income of a t.;;rgeted group, limit;;,tions on assets mav also be used ;;.s a factor in determining eligibility ·or rental or ownership units. Notwiths.tanding anything to the contrary in this chapter, no indusionary unit shall be rented for an amount which excee-ds ninety percent of the actual rent charged for a comparable-market unit in the s:ilme development, if any. For projects with both inclusionary units and market-rate units the inclus:icmary units shall be pfO\lided in the s;;,me tenure as the martet-rat-= units: consistem with californi:l Civil cod-e 714.7. E. Aiter the initial sale of the inclusionary ownership unit:. at a price affordable to the t;.rget income le\'el group, inclw:ionary ownership units shall remain afford;;.blc-to sub;eque.nt income en,gible b-uye rs pursuant to .a resale restriction with a. term of hilt)' -.,ears or o ... rnership unit:s may be sold at 3 market price to other than ti!rgeted households pro..,id.e,ci that the sole s:hall res:ult in the recaprnre b'J' the city or its de(gnee of a financial interest in the units equail to the .amount of subs.id-., ~cessary to ma.ke the unit affordable to the designated income g,oup and a proportionate s:hare of .any appreciation. FUnds recaptured b'f the city shiill be used in .assistin,g other eligib.le hous.,;holds with home purchases at a· ordable p.rice.s. To the eJCtent possible, projects using ownership units: to satisfy indusionary requirements shall be designed to be compa ·ble with conventione1I rnortg:1ge fin,ancing programs including secondary market re<iuirements. F. lnclusionary units should be located on sites that 3re in proximity to or will pro\lide access: to employment opportunities, urban s.ervice.s, or major roads or other transportation :ind commuter rail far::i'lities and that are compatible with adjacent land uses. G. Both ~he intern;;.I and external destgn of the indusionary units s all be reason.ably consistent or compa ·ble with the des·gn of the total project development: in terms of appearance, materials .and finished quality. Interior finishes: a.nd amenities m;nr differ from tho;e pro..,id~ in the market r:lte units but neither the workmanship nor the products m3y be of subs:tand..ird or inferior quality as determined by the city. H. lnclus.iona ry projects shall provide a mix of number o • bedrooms in the affordab-le dwelling unit:. in response to affordable housing demand priorities of the city. 8edroom count and unit sizes of inclusionary units shall be commensurate wi h market rat~ unit:.. I. No building permit shall be is.sued, nor an-., development appro ... al granted for c de\lelopment which does not meet the requirements of this chapter. No indusionary unit shall be rented or sold ex-cept in accordanc-2 with this chapter. L For Mixed•lnoome projects where both inclusionary units and ma.rtet rate units: e)Os:t the inclus:ionary units shall be dispersed throu,,.hout the project and not coneyee;.ate.d to specific areas or floors consistent with californ~a Health and Safety Code Section 17929. 17. That Section 21.85.140 D. of the Carlsbad Municipal code is amended to re.ad as follows: Page 15 2Ul5.140 Affordable housing .agreement as .a cond1tion of de11elopment. D. An affordable housing agreement will not be required for proj&tswhich will be satisfying their inclusionary housing requirement through pavrnent to the cit-., of an in-lieu fee or credit purcha.se. 18. Thiit section 21.86.100 of the carls·bad Municipal code is amended to re.ad as follows: 21.86.100 Design .and quality. A. The city ma-., not issue building permits for more than 50 percent of~ market rate unit:s until it has issued building permits: for all of the affordable units:, and the city ma-., nae appfO\le any final inspections or certificates o • occupancy for more than so percent of the market rate units until it has is.s.ued final inspections or certificates of occupanc-., tor all of the aitordab:le units. B. Affordable units shall be comparable in &teiior a.nd interior appe:1r;;.nce e1nd o\'eralJ que1lity of cons.truction to market rate units in the same housing development. lnte rior finishes and amenities may differ from those pro't'ided in the market rate u.nits, bu:r neither the workmanship nor :i:he products ma-., be of substandard or inferior quality .as. determined by the city. C. Th>=' number of bedrooms of the affordable units shall at least equal the minimum number of bedcooms of the market rate un:its. Bedroom count and unit size of inclusionary units shall iilso be commensunte with market rate units. D. For Mixed-Income projects where both inclusionary unit:. and mar1;e-t rate units e:c:is:t the inclusionary units. shall be dis:persed throughout the project and not congregated to specific are-3s or floors consistent with California Kealth and Safety Code Section 17929. Page 16 33 AMENDMENT 12 •Adds “Agriculture” use listing to the “Permitted Uses” tables in the E-A, R-A, R-E, and P-U Zones •Adds definition for “agriculture/aquaculture/flower stands” •Updates inconsistent terminology across zones that permit stands “Agriculture Uses” ITEM 1: 2024 ZONE CODE CLEAN UP 12 of 13 {city of Carlsbad 34 ITEM 1: 2024 ZONE CODE CLEAN UPAMENDMENT 12 Applicable to: E-A, R-A, R-E, & P-U Zones Applicable to: E-A, R-A, R-E, P-U, L-C, & C-T Zones 21.,08.02!0 Pe r1m"itted uses,. lab 1e,A Pe r1mitt:e d Uses Use p CU P Ace P.15:Fi E1=1 ltl.:l ~a I E R3~sAgricu ltu re (see note 8 below~ X Agrk1=1 ltl.:l~.al sk1Rd (for displcP{ of products Htise:61 9:A premises}: :["'stancf' X X - defined: Section ~1.B4 .. 3~8}Agriculture[aguaculture[flower stands (see note '9 below} (defined: Section 21.U4.U24) Notes: 8. Only the follllowing a1grkultural uses, and buildings accessory to such aglliculturnl uses, under this use type are permitted in the R-.A zone: 1(A}1 fielld a • d seed crops, (B) Trude crops, 1[C)1 Hort:ioulturail crops. (D) Orchards and vineyards,. ( E)1 liree farms. ( F) Fal II ow lands. '9. .Agricullture/aquaculture/flower stands. Provided that the floor area of the stand shall not exceed two hundred square feet, ~hat the stand is Io rated not n ea re r than twenty 1f1e et to any street or h iglhway,. and th at the stand is o nil v alll owed a ccesso rv to an active a,gric ltu rail or aqua cu lturn I use ... 35 AMENDMENT 13 •“Immaterial Changes” describes what triggers a Substantial Conformance Review (SCR) •Applicants can pursue an amendment to the original permit if a SCR is denied •Updated SCR findings are consistent with state laws “Substantial Conformance Review” ITEM 1: 2024 ZONE CODE CLEAN UP 13 of 13 {city of Carlsbad 36 ITEM 1: 2024 ZONE CODE CLEAN UPAMENDMENT 13 Amendment 13 26. That the Carlsbad Municipal Code is amended by the addition of new Chapter 21. 89 Substantial Conformance Review to read as follows: 21.89 SUBSTANTIAL CONFORMANCE REVIEW 21.89.010 Purpose and Intent. After a discretionary project is approved, the applicant may need to request minor revisions, usually as the result of a plan check or new requirement. Minor changes may be approved by the city planner if found to be in •substantia.l conformance• with the origirlal project description, findings, and conditions. The purpose of this section is to provide a process that determines if a post-entitlement permit or ministerial permit application is substantialty consistent and in conformance with a previously approved discre-tionary action when changes to the previous approval are proposed. This includes a review of the post-entitlement permit or ministerial permit application a~inst approved exhibits permit conditions and environmental documentan·on associated wlth the authorizin"" discretionary permit and applicable land-use policies and standards. 21.89.020 Applicability. Unless otherwise stated as a permit condition or as requii-ed by the municipal code substantial conformance review is an optional service available to applicants who a.-e proposing to modify their project after an authorizing disaetionary permit has been appro1Jed by the city. 21.89.030 Immaterial Chan•es. The city planner may determine changes are immaterial do not require substantial conformance review and may be approved as part of the ministerial application. Immaterial changes are very minor changes to the project and incidental in nature are-consistent with all development standards and are-of no substantial consequence to the project approval includin"" its exhibits conditions and environmental documentation. The city documents the apprnval of immaterial changes in the post-entitlement permit or ministerial permit application. Examples of immaterial chan..-es may inch.Ide but are not limited to: A. Floor plan revisions that do not incre-ase parkin., demand or modify the building footprint. S. Modification of the length, height and location of garden, perimeter, retaining walls. C. Reconfiguration or addition of paTkin.,. lot planters. D. Resizing of a minor feature such as a window that does not exceed a 10 pe.-cent change f.-om the ori.,.inal dimensions. E. Repainting a rtructure or appurtenance in a hue that is substantially similar to the approved project. 21.89.040 Substantial Conformance Request. An application for a substantial conformance review shall be on a form provided by the city planner which shall require that information necessary to make the findings specified within this chapter. Page 21 21.89.050 Fees. The City Council may impose by re.solution a nonre-fundable fee to reimburse the city for its reasonable and necessary costs in receiving processing and re-viewin., applications for a substantial conformance review. 21.89.060 Review Authority and Procedure-. A. A re-guest for substantial conformance review may be appnwed by the city planner and shall be processed independently of any other required development permits. B. The filing of an application for request for substantial conformance review shall not requir-e public notice. C. If necessary to reach a determination on the request for substantial conformance re-view the city planner may request: 1. Further information from the appltc.ant specifying in detail the information that is re-quired. 2. Information from other city departments and divisions or other aaencies. _D. __ C.Onditions of approval cannot be remo..,ed or revised as a substantial conformance request. ,. "Within 30 days after receipt ofa comp te substantial conformance review application the city planner shall notjfy the applicant of the decision to approve or deny the request with the reasons for denial stated according to the findin""s contained in Section 21.89.070. If the city planner denies the request. the applK:ilnt may pursue the request to change the project by filing an amendment to the authorizing discretionary permitfs) pursuant to Section 215 4.125 of th is title. 21.89.0SO Required Findings. A. A project revision may be determined to be consistent with the approw-d discretionary action if the following findiflgs can be made: L That the proposed revision provides an archit~ural style of development that is substantially consistent with the building forms building colors and building materials that were approved as part of the authorizing discretionary action. 2. That the proposed revision complies with all re-levant development standards and design aiteria and will not re-suit in any health safety or welfare-impacts. 3. That the proposed revision is consistent with the density. intensity, or use f.-om wh.it was approved as part of the authoriz.ing discretionary action. 4. That the proposed revision is minor and authori2es a deviation or devian·ons of no more than 10 percent provided that it is consistent with the authorizing discretionary action and maintains compliance with all relevant development standards. Examples of deviations that may be granted include but are not limited to: a. On an individual lot or structure basis: yards setbacks lot cove.-a"e and buildin.,. height [height reductions of gi-eater than 10 pen:ent are permitted}. b. On an aggre-gate project basis: parking open space common area or landscaping including planting area quantity and size. A deviation permitted under this section do not increase the intensity of the project or have a potentially detrimental effect. Page 22 5. That the proposed revision maintains in their entirety all of the project conditions required as part of the authorizing discretionary action. 6. That the proposed revision is consistent with the previously evaluated environmental findings and will not result in any signrficant envirnnme:ntal impact and/or require-further environm12-ntal review. 7. That the proposed re'o'ision is consistent with the standards set forth in the Village and Sarria Objectiw-Design Standards or the Citywide Objective Desi an Standards as applicable. 21.89.090 Public Parks. Modifications to approved discretionary permits for public parks also may be permitted subject to Section 21.42.140 S. 100 ofthis title. 21.89.100 Appeal. The effective date of the city planners decision and m12-thod for appeal of such decision shall be governed by Chapter 21.54.140 of this title. 21.89.110. Severability. If any section subsection sentence clause or phrase of this chapter is for any reason held in..,alid or unconstitutional by the decision of any coun of competent jurisdiction the decision will not affect the ..,afrdity ofthe remaining portions of this chapter. The city council declares that it would have passed the ordinance codified in this chapter and each section subsection sentence clause or phrase contained in it irrespectiw-of the fact that any one or more sections subsections sentences clauses or phrases are declared invalid or unconstitutional. Page 23 37 CEQA COMPLIANCE ITEM 1: 2024 ZONE CODE CLEAN UP •The 2024 Zone Code Clean Up was determined to be exempt under Section 15061(b)(3) of the state government code •The Determination of Exemption was posted on April 25, 2024 {city of Carlsbad 38 NEXT STEPS •Present recommendation to City Council •Ordinance will be effective outside of the Coastal Zone 30 days after adoption •Submit LCPA application to the California Coastal Commission ITEM 1: 2024 ZONE CODE CLEAN UP {city of Carlsbad 39 RECOMMENDED ACTION ITEM 1: 2024 ZONE CODE CLEAN UP •Recommend approval of the Zone Code Amendment •Recommend approval of the Local Coastal Program Amendment {city of Carlsbad 2024 Zone Code Clean Up Scott Donnell, Senior Planner Nicole Morrow, Assistant Planner Community Development Department May 15, 2024 {city of Carlsbad 41 BACKUP SLIDES 42 ERRATA •Include omitted Exhibit 1, Attachment A “Draft City Council Ordinance” •Revise Amendment 10 to update punctuation •Revise Amendment 11 to include omitted, existing language in 21.86 and introduce a new, identical passage in 21.85 for consistency ITEM 1: 2024 ZONE CODE CLEAN UP {city of Carlsbad 43 AMENDMENT 14 •Clarifies the definition of “vending” in Title 8 by including services into the existing language •Adds the definition of “vending” to Title 11 •Adds “including mobile services” where applicable •Updates “sidewalk vending” to include pathways “Mobile Vending” ITEM 1: 2024 ZONE CODE CLEAN UP {city of Carlsbad 44 ITEM 1: 2024 ZONE CODE CLEAN UPAMENDMENT 14 44 NOTE: ZCA 2024--0001/LCPA 2024-0020/MCA 2024-0001 (PUB 2024-0005\ 2024 ZONE CODE CLEAN UP Draft revisions to the Carts bad Municipal Code Trtles 8, 11, & 15 Eichibit 3 Proposed manges are shown in ~/underline format. ighlights· indicate changes approved as part of Ordinance CS-432 by the City Council on Sept. 27. 2022, and pending Coastal Commission review. Additionally, bracketed, italicized text {e.g., •ttextr) provides clarification where neede<I. Amendment 14 27. That Section 8.32.020 of the Carlsbad Municipal Code is amended by revising the defi nition of •vend" or "'vendinga to read as follows.: 8.32.020 Definitions. "Vend,. or •vendinga means an offer to sell or the sale of goods, merchandise, services food or beverages on a public street, alley, highway, parking lot, sidewalk, pedestrian path or right-of-way. 28. That Section 8.32.080 of the Carlsbad Municipal Code is amended to read as follows: 8.32.080 Sidewalk and pathway vending generally. A.. Vending activities may occur becween the hours of 8:00 a.m. and sunset in all residential zoned areas and between the hours of 8:00 a.m. and 10:00 p.m. in industrial and commercial zoned areas. B. No s-idewalk vending of any type including mobile services s-hall take place to any individuals traveling within motor vehicles along a public roadway. C. A sidewa k vendor shall not vend on any exd us-ively residential street for longer than 60 minutes at any given time. D. No sidewalk or pathway vending of any kind induding mobile services shall take place in the following locations: 1. In tne public right-of-way or any area that blocks pedestrian or vehide access; 2. Any public property that does not meet the definition of a sidewa k, including, but not limite,d to, any alley, beach, pier, square, stre-et, street en,d or parking lot; 3. Within SO fe-et of another side-walk vendor; 4. Within 18 inches from the edge of a curb; 5. Any location that obstructs traffic signals or regulatory signs; 6. Within 15 fe-et of any intersection, driveway or building entrance, or within any space designed for vehicular parking; 7. Within 15 fe-et of any fire hydrant or fire escape; 8. Within 100 feet of any vehide entrance of any fire station, police department, hospital or any other structure involved in health and safety emergency matters; 9. Within 15 feet of any loading zone, bus stop, parking space or access ramp de-sig;ned for persons with disabilities; 10. Within 10 feet of an outdoor dining or patio area; 11. Within S00 feet of a permitted special event or street fair, 12. Within one-half mile of a public school building or school grounds while d,ildren are going to or from the school, during a recess period or within 30 minutes before or after the school's opening or dosing hours; 13. Within S00 feet of high-traffic landmarks and venues, as determined by the city manager or designee and published in an administrative order, whic:h shall include justification that such restrictions are directly related to objective health, safety or welfare concerns; 14. On any portion of the Carlsbad Village Sea 'Wall trail, which extends alongside Carlsbad Boulevard and adjacent to the beach, between the cross str-eet:s of Pine Avenue and Tama rad: Avenue. This restriction on vending shall include both the upper and lower portions of the Sea Wall trail. E_ Vending activities includin" mobile services in public parks and recreational facilities must also comply with the following: 1. Vending within public parks or recreational facilities is allowed onty upon or alongside sidewalks or other paved or marked pedestrian pathways. Outside of these aforementioned areas, vending shall not take place on s:and, dirt, grass or on any space whidl would obstruct, damage or otherwise adversely affect the public's use and enjoyment of natural resources and recreational opportunities, or contribute to an undue concentration of commercial activity that unreasonably interferes with the scenic and natural character of the park. 2. Vending activities includin" mobile services that adversely affect the health, safety and welfare of persons engaged in active sports activities and spectators of active sports activities are pro hibite<I. 3. Sidewalk vending activities includine mobile s.ervices lasting 10 minutes or longer in duration shall not be permitted within any area of a public park if the park operator has signed an agre.ement for concessions that exclusively permits the sale of food or merm andise by a specified conce.ssionaire. 4. A varid park and facility use permit or special event permit obtained pursuant to Carlsbad Municipal Code Section 11.32.030 may waive these requirements fo r limited engagements or events. (Ord. CS-346 § 2, 20191 29. That Section 11.32.015 of the Carlsbad Municipal Code is amended by adding the definition of •vend• or "'vending• to read as follows: 1.1.32..01.5 Definitions. "Vend• or •ver1ding• means an offer to sell or the sale of.a-oods merchandise services food or beverages on a public street alley highway parking lot sidewalk pedestrian path or ria-ht-of-way. Whenever the words '""part' and •vehicle• are used in this chapter, they s·hall have the meaning ascribed to them in Chapter 10.04 of this code. 45 AMENDMENT 15 •Add an exception to restricted activities that permits activities that are granted authorization with a valid, city-issued vending permit “Vending Permits” ITEM 1: 2024 ZONE CODE CLEAN UP {city of Carlsbad 46 ITEM 1: 2024 ZONE CODE CLEAN UPAMENDMENT 15 11.32.030 lU mla1tvfi111 II ,am is u law u II or any pers,o I'll to do a nv of t he following men • on ed a 'in or up.on any pa rik. o b.eac the city: 19. T,o distribut,e any andbH~s o:r circu lars,r or t o post, la e or erect any bills .. notice, paper .. or aclvertis~ng devi'ce or • atter of any ki nd, unlless issued a val~d vendi ng eguipmen perm it as. ae•·ne in Chap er 8.3 2 of t h is co e ,ai ,cl . e a ctivi v und e is subsection 'is I i'mite o advertise ents per a en . ly affixed 'Ito ven ding eguipme :: 20. ,o s,ell or o,ffer fo sale or to rent or lease any e c a ndise., a riti d e or • • i g, w ats-o ever, LIi less issu ed a va Ii d ve ndilng egui p e t per · • it as cl efined in Chapter 8.3 2 of th'is ,co • e,. or unless g ,an • .. d a special even o par k and focil'itv use permi issued by . e city cou ncil or designee; 2L o p:ractice, carrry o , conduct or solic:i. for any . rade,. oc cup,a ·on., • usines.s or pr . essi,on of whatsoever ki n or cha acter vriit hou er iss iron of t he c· y counci l or dty • a ager. un~ess i:ssued a va~ud v.en i e: equ ipm ent permit as deft eel i'n Chap,ter 8.32 of t his code: 28. o sell or offer :o sell ood, o:r ba er for o so~fcit ,ai onaition for food_. w ithout a vali ar . and acilitv use pe i .. s pee ia I ,event per mit., or vend ing eguipmen. perm it as d . • ne in Ctii apter 8.32 of t h i.s co de: alll a licabl e heat • e i (s) issued by County of S.an D1iego ep,artmen o heal. ; an d ifi required, a Citv Car lsbai busiln ess licens,e_ T us subsectiion s all not a pl'y ·:o a v state. county orloca1~ gover n • ent en ·ty or o er polit ical su lb ivision; 47 AMENDMENT 16 •Reintroduces text removed during the 2022 Zone Code Clean Up •Exempts city projects from duplicative review •Updates terminology from “city approval” to “permit” “Grading Permits” ITEM 1: 2024 ZONE CODE CLEAN UP {city of Carlsbad 48 ITEM 1: 2024 ZONE CODE CLEAN UPAMENDMENT 16 13 12 11 10 48 7 8 9 48 Highlighted text indicates language pending Coastal Commission approval Amendment 16 31. That Section 1S.16.060 of the Carlsbad Municipal Code is amel'lded to read as follows: 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 site.s contmlled by other regulat:ion.s. 3. Excavation.s for wells..._&F tunnels..._,e,= utilities or swimming pools'iwa"a 4. Exploratory excavations under the direction of soil er1gineers or engineering geologists. S. Clearing and grubbing of ,.,.egetation done for the purpose of routine landscape maintenarKe, 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 we-eds. 6. Clearing and grubbing of vegetation done prepa.ratory to agricultural operations on land which has been used for agricultural purposes within the previous five years. 8. I IA less 1!he eit=-p eF11!:fl'leer BetefffliRes fRH 1:Re ark fflla, aEI efse~ af.feef e11istiRg Elr:ainaee 11anefns, re51:,1k; il'l 3 EBAEli'EiBF1 hieR R'l31 ea1<11se ElaFRaee l'B a&j3EERI flFBpeAI, FIB Bf in fRe :JLifl,IFE, Bf FF1a1 Ra ea Eleuiffll el'llal effe Bi e R IR e pwlllie Realt:t,, safe", BF e If are, a graBing p eR'flil sRall RBI Iii e re 1:11i1ire B fer o, e ~LGrading on a site where the city engineec finds that the following conditions exist a. The am cunt of soi I material moved does not exceed 200 cubic yards~· •~•~cl~ud~;~n ==== 1for basements foundations and footings)· b. No fill material is place,d on an existing slope steeper than five ur1its horizontal to one ,.,.ertical; c.. No cut or fill material exceeds four feet in ve.rtical depth at its deepest point, mea.sured from the existing ground surface .. ,a.,. Gradiog in an isolated, self-contained area .. 9. Grading associated with stem Willi construction 10. Retaining walls with a maximum height of 6 feet and the soil material moved does not-le exceed 200 cubic yards. [Note: The word "to,.was ;nadvertently appr-oved os pan of Ord;nonce CS-432 and is proposed for deletion.J 11. City capital improvemen.t program (ClPI projects and city-initiated improvement and maintenance projects. 12. Notwithstandini:r the above a grading permit shall be .-eguired if the city engineer determines that the work may adversely affect existin.,. drainage p·attern.s. re:sutt in a condition which may cause dama"'e to adjacent property now or in the future or may have a detrimental effect on the public health safety or welfare. 32. That Section 15.16.065 E. of the Carlsbad Municipal Code is amended to re-ad a:S follows: 15.16.065 Application for gradini:: plan. E. Grading plan a ppr.cations fo, whic~ &t apprcnl a permit ;, not granted w;thin three years following the date of application shall be deemed withdrawn, provided the imp.-o,..emer1t plans are not associated with a tentatrie map, tentative parcel map, vesting tentative map, or vesting tentative parcel map, in which case t.he grading plan application shall be deemed withdrawn on the date of the expiration of the associated tentative map. The grading plans and other documents submitted for review may thereafter be returned to the appncant o.-destroyed by the Crty Engineer. In order to renew action on an application after withdrawal, the appncant shall resubmit a new application and pay a new grading plan review application fee. 49 ITEM 1: 2024 ZONE CODE CLEAN UPAMENDMENT 7 13 12 11 10 49 7 8 9 49 vrn I1age and Ba r1rio Mas:te 1r Pian ► Live/work i·s. 1Pe11mi·ttIed in the Vil llage Center, V~Ha,ge General and Pi.nIe· Tyler districts.),. s.ubjiIe·ct tI0 a conditi·I01na l use pIe·rm1mt ► DIevelop1ment standards Hm1it: t:he "woIrk'·' component t I0 profes.si·onal Ioffice and artisan uses on lly. ►. M ·1·x-··0 1d· =111•s 0 ·,·s-~,I1~1o=··w-0 d·· ·1 n= ··th 1'°' s":'lm··1° 1d·1·s--tr·1·1c=ts·· ~IC' 1·1v0 /· .. wo-r-lk· un its as .·~c ~=•~ c 1CII IJ _:. ~-·, _-~ _1l;il I ~ c ='·= c·==' 11;:l,1,;Ji ~ _ ·, c is _,, 1_ c wIe·I I as the FrIe·eway Ciommercia I and HoIspita I ity d ist:r icts . Mixed- use Icould prIovmde foIr live =nearby ,even ~f not: directly oonn Iected to the ''work" structures. ► There are 201.31 acres in the Village and Barrio Mast:Ier Pllan where mmxed-us.e i's, aHo·wed . 50 ITEM 1: 2024 ZONE CODE CLEAN UPAMENDMENT 7 13 12 11 10 50 7 8 9 50 Where are live/work units currentlly allo1wed ·n Carlsbad? Zonies: C-2 (g1e,neral 1com1mercial) C-L (leica ll shopping cente r) Poinsettia Prope 1rties Sp1ecifi 1c Plan ► Live/work not list1ed as a permitt1ed use, but 1cou lld be allow,ed as "mix1ed-use" and allow1ed with a Sit1e Develop ment Plan alon,g w·ith C,om me 6al Dievel 1op1ment ► Res idential use must at l1east lS units per acre and s,econdary use t 10 the primary 1com mercial use. llhis would incllude live -work units. ► Res idential use can be ,allowed as ve rtical or horizontal mix1ed use 1 ► There are 272 .SS acres of commerieia lly zoned land in the 1city zoned where mi~ed -use is allowed. Combin 1e·d wi t h t he distri1cts in the Villag1e and Barrio Mast1er Pll.an,. the,r1e are 473.86 acr1es (2% of the city) where m1ixed-use is allow1ed . ► Planning Area 6 aHows mi~ed-use devellopment 1(adjac,ent to Poinsettia Coaster St ation) ► D1eveloped with I iv1e/work units (Bl uwate1r Crossing) 51 ITEM 1: 2024 ZONE CODE CLEAN UPAMENDMENT 8 13 12 11 10 51 7 8 9 51 E-A Zone p CUP A.cc Accesso i-y uses andl stJmct111.1 res ( see note 4 X Airports 3 Alil imals a11id po11.1Im171-smalll (lless tlll1an 25) (see note 1) X Alil imals a11rd po11.1Im171-smalll (more ~ha11 25) (see note 1) 11. Sm;all animals and poul~ry_ Provided • hat not more han .. \tency·-·fiive oi any one or co moJnatJion thereof slil aJII be !Qept ii .riitlil in seventy~fiive fee t of any habitable sbmctll rre, 1n or s hal I they oe JLocated • •. riitlil in three hundred eet oi a lll1abita ble s me ·ure on an adjoi 11ing parcel zoned! for residle ntilal ll ses, nor shalll they be located!,.-·tlllii11 one huIndi-ed feet of a parcel zo:ned -or residlentila l uses ,vhe11 a habitable strn ctlllJ e is 11ot involved. In any even , the d~sta11ce from he pame I zoned tor res i dentiall 11.1ses shall oe 'he gireater of tlil e d iiStan ces so ind i:ca edl. 52 ITEM 1: 2024 ZONE CODE CLEAN UPAMENDMENT 8 13 12 11 10 52 7 8 9 52 R-A Zone Accessrny l)t1iildlingsl sttrncttmes (ex. garages, workshops, tto oll st11edls, patli:o oovers, decks, e ·c.) (see 110 ·e 11, be lbv.1) (de meet Secti,olil 21 .04.020) Accessrny d \1e liing 1mirl: (subjectto Secuon 21 .10 .030; defined: Sectti:crn 21 .04.121 ) Ag ri:rultu ral cm ps Agri:rultllJral stta11d (Rn displlay of products raised on premiiSes) f'sta11d" defined: Sect1io11 21.04.320 ) Alil imal kee piing (lrlot1 se fmld pets) (su j ect to Sectton 21.53.084) Alil imal keepiing/1grnzilil g (horses, sheep or bovine a11imals), exc lllJd iing dairi:es (see notes 2 and 4,, belo 'Li') nimal keeping (poultry, rab br"'s, clh1incli"l iilllas and any · m bea ring animals for domesuc or commemial purp oses) (see notes 3 and 4, bellow) Alil imal kee piing ( ~1ild a11 imals) (sllbject to Section 21 .53 .085) Pou I try, rabbits and otller ·fur -tleari 11g1 alil i malls sfil all be confined at alll bimes . 'itibll1ilil a11 enclos11.1re. X X X X X X X X The ke,eping1 of an d omesti:c animals pro ··. ided for i 11 • his sec i:o 11 s llalll co11form to all obher pmvisio11 s of ~a g:ovem i ng1 the sa I e ,. a11d 110 fo \ti or animal, or any peril , coop, stable, or barn, shalll be kept m maintained \Whin forty feet of an}' b1.1ildii111g used for li"luman fil abiitation l1orated 0111 adj.oi111 irig pm perty, or \1Vitli"lin forty eet o alily street or pub I i:c property. 53 ITEM 1: 2024 ZONE CODE CLEAN UPNOISE 13 12 11 10 53 7 8 9 53 2. 3 I EL Is o pitals~ si'd Ir " i Ii i ,, S o I si Li b a " ~ , M s s, C u r,c s, " y s Com 70 65 54 R-1 ZONE •12.39% of city •9,826 total parcels •3,100 acres j .,,,,D,Sll '--"\~, .. y~ PACIFIC OCEAN 55 R-A ZONE •1.14% of city •565 total parcels •284.7 acres 56 R-E ZONE •0.74% of city •1 parcel •184.6 acres PACIFIC OCEAN 57 VEHICLE SIGN STANDARDS •On private property –Permanently attached signs are allowed on vehicles used in day-to- day operations •In public right of way –Vehicles must be moved –Commercial vehicle street parking prohibited in residential districts VEHICLE SIGN STANDARDS (PRIVATE PROPERTY) 58 liempo rary s.ig rns attach1ed Window (inside) 2 pe.r vef1ic e 1 O inch es by 2 i chies per o limita~ion if sigrn is rnot to p,ar&.:ecl or star o afl/ sign visible from p blic right-of- vehidles viiSiDte rn m llhe wa~r p .Jb ltc ri:g • --o ·-way Sigrn s permarniently' Does not app to "g1erneral a adhecl to or painted on advertra ing OF"' • obite veh i dies, with no .. Di[lboards" dhangeal:)!e co py, us,ed in th1e day-to-clay opera~ioris of a b usiri1ess Home Occupations Traffic Restrictions •No change to overall intent to maintain residential character •No employees unless required by law •Use may not create vehicle/foot traffic beyond norm •Max. one customer or vendor at a time and no more than one in any two-hour period 59