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
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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
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I I
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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
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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
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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
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TODAY’S PRESENTATION
•Purpose
•Criteria
•Overview of Amendments
•Next Steps
•Recommendation
ITEM 1: 2024 ZONE CODE CLEAN UP
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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
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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
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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
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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
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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
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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
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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
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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”
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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
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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
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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”
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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”
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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”
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{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
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{city of
Carlsbad
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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
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{city of
Carlsbad
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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
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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
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{city of
Carlsbad
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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
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{city of
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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
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12
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7
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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
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7
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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
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7
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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
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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
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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