HomeMy WebLinkAbout2024-07-30; City Council; ; 2024 Zoning Code Clean Up ZCA 2024-0001/LCPA 2024-0020/MCA 2024-0001 (PUB 2024-0005)CA Review __AF____
Meeting Date: July 30, 2024
To: Mayor and City Council
From: Scott Chadwick, City Manager
Staff Contact: Nicole Morrow, Assistant Planner
nicole.morrow@carlsbadca.gov, 442-339-5438
Subject: 2024 Zoning Code Clean Up
ZCA 2024-0001/LCPA 2024-0020/MCA 2024-0001 (PUB 2024-0005)
Districts: All
Recommended Action
Hold a public hearing and:
1.Introduce an ordinance approving amendments to Title 8, Public Peace, Morals and
Safety, and Title 11, Public Property, of the Carlsbad Municipal Code (Exhibit 1)
2.Introduce an ordinance approving a zone code amendment and a Local Coastal Program
Amendment to Title 15, Grading and Drainage, and Title 21, Zoning Ordinance, of the
Carlsbad Municipal Code to complete various miscellaneous cleanup changes (Exhibit 2)
3.Adopt a resolution approving a Local Coastal Program Amendment to update the Local
Coastal Program Implementation Plan by incorporating amendments to Title 15, Grading
and Drainage, and Title 21, Zoning Ordinance, of the Carlsbad Municipal Code (Exhibit 3)
Executive Summary
The Carlsbad Municipal Code contains all of the regulatory and administrative ordinances of the
City of Carlsbad
It is necessary to regularly amend the city’s code to maintain consistency with new state laws
and to address errors and unforeseen conflicts not anticipated when the original code was
adopted. Staff are proposing changes to the Carlsbad Municipal Code that will:
•Amend the city’s Zoning Ordinance to address errors
•Bring the code into compliance with state law
•Increase the code’s consistency with other code sections and previous City Planner
determinations
•Improve application processes
•Implement programs in the Housing Element, the portion of the city’s General Plan that
focuses on housing
•Codify an existing department policy
July 30, 2024 Item #9 Page 1 of 70
Staff are also proposing changes to code sections outside of the Zoning Ordinance that govern
public peace, morals, safety and unlawful acts on public property for the purpose of clarifying
the applicability of existing city policies.
All proposed amendments to the Carlsbad Municipal Code must be reviewed and approved by
the City Council.
Along with its General Plan, the city has a Local Coastal Program that serves as a planning
document for the city’s Coastal Zone. The proposed amendments to Titles 15 and 21 of the
Municipal Code are part of the city’s Local Coastal Program Implementation Plan, so they also
require the California Coastal Commission’s approval of the Local Coastal Program amendment.
To facilitate the Coastal Commission’s review of this amendment, a separate resolution is
proposed for these amendments.
Discussion
Background
Beginning 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 Carlsbad Municipal Code remains consistent with state law. The
first set of clean-up amendments was adopted by City Council on Sept. 13, 2022.
Most of the proposed amendments included in this proposed clean up are amending sections
of Title 21, the Zoning Ordinance, which includes the city’s regulations for development and use
of property within the city. The proposed amendments affecting Title 21 can be characterized
as corrections, updates and clarifications.
The three proposed amendments that affect Titles 8, Public Peace, Morals and Safety; Title 11,
Public Property; and Title 15, Grading and Drainage, can be characterized as clarifications of the
applicability of existing city policies.
Amendments to the Carlsbad Municipal Code are prepared as ordinances to be adopted by the
City Council. Amendments to Municipal Code Title 21, Zoning Ordinance, require a Planning
Commission recommendation to the City Council. As noted above, amendments to Title 15,
Grading and Drainage, and Title 21 also require approval of a Local Coastal Program
amendment by the California Coastal Commission.
Summary of Code Changes
The following section is a summary of some of the more significant changes being proposed.
Exhibit 5 includes an analysis of all proposed amendments. To show how the text is being
changed, a version of the code with the proposed changes highlighted is provided as Exhibit 4.
Amendment 5 - Permit expiration
Extends the expiration date of permits from two- years to three- years expiration date
to reflect timeline trends for applicants to apply for related permits. The proposed
language also includes clarifying statements on what activities determine whether a
permit has been exercised.
July 30, 2024 Item #9 Page 2 of 70
Amendment 8 - Animal keeping
Updates Table A, “Permitted Uses,” of the R-1, One Family Residential Zone, to include
specifications for the keeping of poultry. This change would provide necessary clarity in
the enforcement of animal-related code violations in the R-1 zone consistent with other
single-family zones.
Amendment 11 - Housing standards
Updates the Inclusionary Housing and Density Bonus ordinances’ language to include
references to various sections of state law. (The city’s Inclusionary Housing Ordinance
requires developer to make a certain percentage of units affordable for lower-income
income households. A density bonus allows a developer to increase the number of
residential units on a property above the maximum limit set by the city’s General Plan in
exchange for reserving a certain number of the new units as affordable.) The
amendment also includes clarifications related to the required unit mix, size and finish
quality to maintain consistency with state law and existing city policies.
Amendment 13 - Substantial conformance review
Codifies the existing Community Development Department Policy 35, which contains
guidelines for processing consistency determination applications. The purpose of this
amendment is to increase consistency and transparency with application reviews.
Amendment 14 - Mobile vending
Updates Title 8 to include language which specifies that the regulations related to
vending are also applicable to mobile vending services. The proposed amendment also
provides a definition of “vending” in Title 11.
Amendment 15 - Vending permits
Specifies that select activities prohibited under Section 11.32.030 - Unlawful acts, may
be performed with a valid, city-issued vending permit.
Amendment 16 - Grading permits
Reestablishes code language that was removed during the 2022 Zoning Ordinance clean
up. The reestablishment of this language, as well as other text changes, has been
included to better define the City Engineer’s level of discretion as well as exempting city
projects from duplicative review.
Planning Commission hearing
The Planning Commission conducted a public hearing on May 15, 2024, and recommended the
City Council approve staff’s recommended amendments to Title 21 (Exhibit 6). The remaining
amendments were provided as information only in the Planning Commission’s staff report
(Exhibit 7).
At the Planning Commission hearing, two members of the public spoke, one of the speakers
also submitted public correspondence prior to the hearing. Both speakers raised concerns
about the keeping of poultry addressed in Amendment 8 and spoke to their experiences living
in the R-A, Residential Agricultural, Zone where residents are currently allowed to keep
chickens. While the proposed changes affect the R-1, One-Family Residential, Zone, the
speakers requested that staff evaluate the existing permissions in the R-A Zone and propose an
July 30, 2024 Item #9 Page 3 of 70
amendment at a later date that would restrict the number of chickens and other poultry
allowed on a property. See Exhibit 8 for the meeting minutes.
Public notification
Staff published notices of public hearing in The San Diego Union-Tribune and the Coast News on
May 3 and 5, 2024, for the Planning Commission meeting and on July 19, 2024 , for the City
Council meeting.
Local Coastal Program amendment
A public notice of the proposed Local Coastal Program Amendment was published on Friday,
May 10, 2024, in The San Diego Union-Tribune and the Coast News in accordance with Carlsbad
Municipal Code Title 21 Section 21.54.060 - Notices of applications and hearings. A state-
mandated six-week notice of availability period was required for the proposed amendment,
which ended June 21, 2024. The notice and proposed amendments were also posted on the
city’s website and distributed to the City and Cole libraries and the City Clerk’s office for public
review beginning May 10. No comments were received in response to the notice.
Fiscal Analysis
There is no anticipated fiscal impact from this action.
Next Steps
Following the City Council’s introduction of the ordinances, they will be scheduled for adoption
at the City Council’s next meeting. Thirty days following adoption, amendments to Titles 8 and
11 of the Carlsbad Municipal Code will become effective citywide. Amendments to Titles 15 and
21 of the code will become effective outside of the Coastal Zone.
The amendments to Titles 15 and 21 will not become effective within the Coastal Zone until the
California Coastal Commission approves the Local Coastal Program Amendment. Staff will
submit an application to the Coastal Commission for a Local Coastal Program Amendment
following the City Council’s adoption of the ordinance..
Environmental Evaluation
The City Planner, through the process outlined in the Carlsbad Municipal Code relating to
Environmental Protect (Section 19.04.060), has determined that this action is categorically
exempt from environmental review under California Environmental Quality Act Guidelines
Section 15061(b)(3) which states that an activity is exempt from the provisions of the act if it
can be seen with certainty that there is no possibility that the activity in question may have a
significant effect on the environment. The City Planner’s determination was published on April
26, 2024, and no appeal to that determination was filed.
Exhibits
1. City Council resolution
2. City Council ordinance (Titles 8 and 11)
3. City Council ordinance (Titles 15 and 21)
4. Proposed changes to Municipal Code
5. List of amendments - project analysis
6. Planning Commission Resolution No. 7514 (on file in the Office of the City Clerk)
7. Planning Commission staff report dated May 15, 2024 (on file in the Office of the City Clerk)
July 30, 2024 Item #9 Page 4 of 70
8. Planning Commission meeting minutes dated May 15, 2024 (on file in the Office of the City
Clerk)
July 30, 2024 Item #9 Page 5 of 70
Exhibit 1
ORDINANCE NO. .
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING AMENDMENTS TO TITLE 8, PUBLIC PEACE,
MORALS AND SAFETY, AND TITLE 11, PUBLIC PROPERTY, OF THE CARLSBAD
MUNICIPAL CODE
CASE NAME: 2024 ZONE CODE CLEANUP
CASE NO.: MCA 2024-0001 (PUB 2024-0005)
WHEREAS, the City Planner has prepared a Municipal Code Amendment MCA 2022-0004 to
amend Titles 8 and 11 of the Carlsbad Municipal Code; and
WHEREAS, the City Council of the City of Carlsbad held a duly noticed public hearing as
prescribed by law to consider MCA 2024-0001; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if
any, of all persons desiring to be heard, the City Council considered all factors, including written public
comments, if any, related to MCA 2024-0001.
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 Chapter 8.32.020 of the Carlsbad Municipal Code is amended by revising the
definition of “vend” or “vending” to read as follows:
8.32.020 Definitions.
“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.
3.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 between 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 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 residential street for longer than 60 minutes
at any given time.
D. No sidewalk or pathway vending of any kind, including mobile services, shall take place in the
following locations:
July 30, 2024 Item #9 Page 6 of 70
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 definition 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 location that obstructs traffic signals or regulatory signs;
6. Within 15 feet of any intersection, 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 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 designed for
persons with disabilities;
10. Within 10 feet of an outdoor dining or patio area;
11. Within 500 feet of a permitted 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 after 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 administrative order, which 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 streets of Pine Avenue and Tamarack
Avenue. This restriction on vending shall include both the upper and lower portions of the Sea
Wall trail.
E. Vending activities, including mobile services, in public parks and recreational facilities must also
comply with the following:
1. Vending within public parks or recreational facilities is allowed only upon or alongside
sidewalks or other paved or marked pedestrian pathways. Outside of these aforementioned
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
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, including mobile services, that adversely affect the health, safety and
welfare of persons engaged in active sports activities and spectators of active sports activities
are prohibited.
3. Sidewalk vending activities, including mobile services, 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 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 Section 11.32.030 may waive these requirements for limited engagements or
events. (Ord. CS-346 § 2, 2019)
July 30, 2024 Item #9 Page 7 of 70
4. That Section 11.32.015 of the Carlsbad Municipal Code is amended by adding the
definition of “vend” or “vending” to read as follows:
11.32.015 Definitions.
“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.
5. That Sections 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 mentioned 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, notice, paper, or
advertising device or matter of any kind, unless issued a valid vending equipment permit as
defined in Chapter 8.32 of this code and the activity under this subsection is limited to
advertisements permanently affixed to vending equipment;
20. To sell or offer for sale or to rent or lease any merchandise, article 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 practice, carry on, conduct or solicit for any trade, occupation, 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 donation 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 subsection shall
not apply to any state, county or local government entity or other political subdivision;
EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; and the City
Clerk shall certify the adoption of this ordinance and cause the full text of the ordinance or a summary
of the ordinance prepared by the City Attorney to be published at least once in a newspaper of general
circulation in the City of Carlsbad within fifteen days after its adoption.
July 30, 2024 Item #9 Page 8 of 70
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)
July 30, 2024 Item #9 Page 9 of 70
Exhibit 2
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 TITLE 15, GRADING AND DRAINAGE,
AND TITLE 21, ZONING ORDINANCE 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/MCA 2024-0001 (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. 7514
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/MCA 2024-0001; 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/MCA 2024-0001.
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.
7514 shall also constitute the findings of the City Council.
3. Ordinance CS-449 as adopted by the City Council on June 6, 2023, is pending Coastal
Commission review and is incorporated into this ordinance.
4. 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, tunnels, utilities, or swimming pools/spas.
July 30, 2024 Item #9 Page 10 of 70
4. Exploratory excavations under the direction of soil engineers or engineering geologists.
5. Clearing and grubbing of vegetation done for the purpose of routine landscape maintenance,
the removal of dead or diseased trees or shrubs or the removal of vegetation done upon
order of the fire marshal to eliminate a potential fire hazard or for the abatement of weeds.
6. Clearing and grubbing of vegetation done preparatory to agricultural operations on land
which has been used for agricultural purposes within the previous five years.
7. Grading on a site where the city engineer finds that the following conditions exist:
a. The amount of soil material moved does not exceed 200 cubic yards (excluding excavation
for basements, foundations and footings);
b. No fill material is placed on an existing slope steeper than five units horizontal to one
vertical;
c. No cut or fill material exceeds four feet in vertical depth at its deepest point, measured
from the existing ground surface.
8. Grading in an isolated, self-contained area.
9. Grading associated with stem wall construction.
10. Retaining walls with a maximum height of 6 feet and the soil material moved does not exceed
200 cubic yards.
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.
5. That Section 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 applications for which a permit is not granted within three years following the
date of application shall be deemed withdrawn, provided the improvement plans are not associated
with a tentative map, tentative parcel map, vesting tentative map, or vesting tentative parcel map, in
which case the 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 applicant or destroyed by the City Engineer. In order to renew action on
an application after withdrawal, the applicant shall resubmit a new application and pay a new grading
plan review application fee.
July 30, 2024 Item #9 Page 11 of 70
6. 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.
7. 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.
8. 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:
July 30, 2024 Item #9 Page 12 of 70
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.
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.
9. 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.
July 30, 2024 Item #9 Page 13 of 70
I I I I
I I I I
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.
10. 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:
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.
11. That Section 21.10.030 E. deletes the allowance to require owner-occupancy and
renumbers sections E.3 – E.12 to correct a numbering error in CS-449 to read as follows:
July 30, 2024 Item #9 Page 14 of 70
I I I I
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:
3. The maximum size of an ADU or JADU shall be limited as follows, consistent with
California Government Code Sections 65852. 2 (effective Jan. 1, 2023) and 65852.22
(effective Jan. 1, 2023):
a. Attached ADUs — 50% of the total floor area of the main dwelling or 1, 200
square feet, whichever is less, but not less than 800 square feet;
b. Detached ADUs —1, 200 square feet
c. JADUs — 500 square feet
4. The maximum height of an ADU or JADU shall be limited as follows, consistent with
California Government Code Sections 65852. 2 (effective Jan. 1, 2023) and 65852. 22
effective Jan. 1, 2023):
a. A detached ADU on a lot with an existing or proposed single-family, two-family
or multiple -family dwelling unit shall be allowed a height up to 16 feet and one
story.
b. A detached ADU on a lot with an existing or proposed single-family, two-family
dwelling, or multiple -family dwelling unit that is within one- half of one mile
walking distance of a major transit stop (Carlsbad Village Station or Poinsettia
Station), shall be allowed a height up to 18 feet. An additional two feet in
height (20 feet maximum) is allowed to accommodate a roof pitch on the ADU
that is aligned with the roof pitch of the primary dwelling.
c. A detached ADU on a lot with an existing or proposed two-family, multiple -
family, multistory dwelling shall be allowed a height up to 18 feet.
d. An attached ADU is allowed a height up to 25 feet, or the height limits of the
applicable zoning for the primary dwelling, but not to exceed two stories.
e. An ADU constructed above or below a detached garage shall be permitted and
shall conform to the height limits applicable to the zone. Structures that
contain an ADU located above or below a detached garage shall be limited to a
maximum of two stories including the garage.
5. Roof decks shall not be permitted on detached ADUs.
6. The construction of an ADU or JADU that is all new construction, or is a conversion of a
portion or all of an existing structure, or expands the square footage of an existing
structure, shall be consistent with all habitat preserve buffers, geologic stability
setbacks, and visual resource protection policies in the certified local coastal program,
habitat management plan, general plan, or geotechnical report, as applicable.
7. On lots with one -family dwelling(s), the exterior roofing, trim, walls, windows and the
color palette of the ADU or JADU shall incorporate the same features as the primary
dwelling unit.
8. On lots with two-family or multiple -family dwellings, the exterior roofing, trim, walls,
windows and the color palette of the ADU addition shall incorporate the same features
as the existing building that the ADU would be provided within. For detached ADUs, it
July 30, 2024 Item #9 Page 15 of 70
shall be reflective of the nearest building as measured from the wall of the existing
building to the nearest wall of the proposed unit.
9. Parking.
a. An ADU shall provide off-street parking in compliance with Chapter 21. 44
Parking), unless it qualifies for an exemption as specified in California
Government Code Section 65852. 2 (effective Jan. 1, 2023).
b. No off-street parking is required for a JADU if it meets the requirements
specified in California Government Code Section 65852.22 (effective Jan. 1,
2023).
c. When a garage, carport, or covered parking structure is demolished in
conjunction with the construction of an ADU or converted to an ADU, the loss
of parking for the primary dwelling does not need to be replaced, except on
lots located west of the rail corridor and on lots located east of the rail corridor
and west of Interstate 5 between Avenida Encinas to the north and Batiquitos
Lagoon to the south. In which case, the loss of parking for the primary dwelling
shall be replaced subject to the parking requirements in Chapter 21.44
Parking), except as follows:
i. The replacement parking spaces may be covered, uncovered, or tandem
spaces, or provided by the use of mechanical automobile parking lifts
within a garage); and may be located in the front, side or rear yard,
provided the parking area is an improved parking surface, such as
paving, hardscape, decomposed granite, etc.
ii. The location of the replacement parking spaces shall be consistent with
all habitat preserve buffers, geologic stability setbacks, and visual
resource protection policies in the certified local coastal program.
10. ADUs intended to satisfy an inclusionary requirement shall comply with the
requirements of Chapter 21.85, including, but not limited to, the applicable rental
rates and income limit standards.
11. A Notice of Restriction shall be recorded on the property declaring that:
a. An ADU(s) or JADU shall not be used for short-term rentals of less than 30 days.
This requirement does not apply to any unit that was issued a building permit
prior to January 1, 2020.
b. The obligations and restrictions imposed on the approval of the ADU(s) per
California Government Code Section 65852. 2 (effective Jan. 1, 2023) or JADU
per California Government Code Section 65852. 22 (effective Jan. 1, 2023) are
binding on all present and future property owners.
c. For a JADU, the property owner must reside in either the primary residence or
the JADU. Sale of the JADU separate from the single-family residence is
prohibited; said prohibition is binding on all present owners and future
purchasers.
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, 2023).
12. That Section 21.10.040 of the Carlsbad Municipal Code is amended to read as follows:
July 30, 2024 Item #9 Page 16 of 70
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;
July 30, 2024 Item #9 Page 17 of 70
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.
13. 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
14. 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:
July 30, 2024 Item #9 Page 18 of 70
21.28.010 Permitted uses.
Table A
Permitted Uses
Use P CUP Acc
Mixed use developments (defined: Section 21.28.015) X
15. 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.
16. 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
July 30, 2024 Item #9 Page 19 of 70
I I I I
17. 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
18. 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
19. 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 duplicative
agricultural 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:
July 30, 2024 Item #9 Page 20 of 70
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.
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.
20. 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 of the outdated terminology 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.
21. 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 5 feet to posts
July 30, 2024 Item #9 Page 21 of 70
I I I I
(2-foot overhang
permitted)
(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
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.
22. 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.
23. That Section 21.85.020 A. of the Carlsbad Municipal Code is amended to read as
follows:
July 30, 2024 Item #9 Page 22 of 70
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 seventy 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 sixty percent of the
county median income, adjusted for household size, in accordance with California
Health and Safety Code Section 50053.
24. 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.
July 30, 2024 Item #9 Page 23 of 70
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.
25. 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.
July 30, 2024 Item #9 Page 24 of 70
26. 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.
27. 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.
July 30, 2024 Item #9 Page 25 of 70
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.
July 30, 2024 Item #9 Page 26 of 70
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
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 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
July 30, 2024 Item #9 Page 27 of 70
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.
28. 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.
29. 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.
30. 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
July 30, 2024 Item #9 Page 28 of 70
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.
31. 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.
July 30, 2024 Item #9 Page 29 of 70
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)
July 30, 2024 Item #9 Page 30 of 70
RESOLUTION NO. 2024-198
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING A LOCAL COASTAL PROGRAM AMENDMENT TO
UPDATE THE LOCAL COASTAL PROGRAM IMPLEMENTATION PLAN BY
INCORPORATING AMENDMENTS TO TITLE 15, GRADING AND DRAINAGE,
AND TITLE 21, ZONING ORDINANCE, OF THE CARLSBAD MUNICIPAL CODE
CASE NAME:
CASE NO.:
2024 ZONE CODE CLEAN UP
ZCA 2024-0001/LCPA 2024-0020/MCA 2024-0001
(PUB 2024-0005).
WHEREAS, the City Planner has prepared amendments to the Carlsbad Munidpal Code and
Local Coastal Program {ZCA 2024-0001/LCPA 2024-0020/MCA 2024-0001) pursuant to Chapter 21.52
of the Carlsbad Municipal Code, Section 30514 of the Public Resources Code, and Section 13551 of
California Code of Regulations Title 14, Division 5.5; and
WHEREAS, the Carlsbad Municipal Code Title 21 (Zoning Ordinance) and Section 15.16 of Title
15 {Grading and Drainage Ordinance) are part of the Carlsbad Local Coastal Program Implementation
Plan, and therefore, amendments to Title 21 and Section 15.16 also constitute amendments to the
Local Coastal Program; and
WHEREAS, the City Council of the City of Carlsbad, California has determined that pursuant to
the provisions of the Municipal Code, the Planning Commission did, on May 15, 2024, hold a duly
noticed public hearing as prescribed by law to consider Planning Commission Resolution 7514,
recommending approval of Local Coastal Program Amendment LCPA 2024-0020; and the Planning
Commission adopted Planning Commission Resolution 7514 recommending to the City Council that
LCPA 2024-0020 be approved; and
WHEREAS, the City Council held a duly noticed public hearing to consider LCPA
2024-0020 as recommended by the Planning Commission; and
WHEREAS, pursuant to California Coastal Commission regulations, a six-week public review
period for LCPA 2024-0020 began on May 10, 2024, and ended on June 21, 2024; no comments were
received during the review period; 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 relating to LCPA 2024-
0020.
Exhibit 3
July 30, 2024 Item #9 Page 31 of 70
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
1.
2.
That the above recitations are true and correct.
That the recommendation of the Planning Commission for approval of LCPA 2024-0020
to amend the Carlsbad Local Coastal Program Implementation Plan is approved, and the
findings of the Planning Commission contained in Planning Commission Resolution
7514, on file with the City Clerk and incorporated herein by reference, are the findings
of the City Council.
3.The approved Local Coastal Program Implementation Plan shall not become effective
until approved and certified by the California Coastal Commission.
4.This action is final the date this resolution is adopted by the City Council. The provisions
of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial Review," shall
apply:
"NOTICE"
The time within which judicial review of this decision must be sought is governed by
Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of
Carlsbad by Carlsbad Municipal Code Chanter 1.16. Any petition or other paper seeking
review must be filed in the appropriate court not later than the 90th day following the
date on which this decision becomes final; however, if within 10 days after the decision
becomes final a request for the record is filed with a deposit in an amount sufficient to
cover the estimated cost of preparation of such record, the time within which such
petition may be filed in court is extended to not later than the 30th day following the
date on which the record is either personally delivered or mailed to the party, or the
party's attorney of record, if the party has one. A written request for the preparation of
the record of proceedings shall be filed with the Office of the City Clerk, 1200 Carlsbad
Village Drive, Carlsbad, CA 92008.
July 30, 2024 Item #9 Page 32 of 70
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 30th day of :!J!!y, 2024, by the following vote, to wit:
AYES:
NAYS:
ABSTAIN:
ABSENT:
BLACKBURN, BHAT-PATEL, ACOSTA, BURKHOLDER, LUNA.
NONE.
NONE.
NONE..
KEITH BLACKBURN, Mayor
SHERRY FREISINGER, City Clerk
(SEAL)
July 30, 2024 Item #9 Page 33 of 70
Exhibit 4
ZCA 2024-0001/LCPA 2024-0020/MCA 2024-0001 (PUB 2024-0005)
2024 ZONE CODE CLEAN UP
Draft revisions to the Carlsbad Municipal Code Titles 8, 11, 15 and 21 (Zoning Ordinance)
NOTE:
Proposed changes are shown in strikeout/underline format. Highlights indicate changes approved by the
City Council as part Ordinance CS-449 on June 6, 2023, and pending Coastal Commission review.
Additionally, bracketed, italicized text (e.g., “[text]”) provides clarification where needed.
_____________________________________________________________________________________
Amendment 1
1. That Table F 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(2) 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),(32) 20 feet 5 feet
Habitable detached accessory buildings
(i.e. guest houses and accessory dwelling units) (2) (3), (4), (5) Same setbacks as required for the primary dwelling
Additions to dwelling (attached) Same setbacks as required for the dwelling
Notes:
(1) Maximum building height is 1 story and 14 feet with a 3:12 roof pitch or 10 feet with less than a 3:12
roof pitch.
(2) Minimum 10-foot separation required between a habitable building and any other detached
accessory building/structure.
(32) Must be architecturally compatible with the existing structure.
(43) Except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030.
(54) 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. [Note: This was added as footnote 5 by
Ordinance CS-449; the footnote number is proposed to change from 5 to 4 as shown.]
July 30, 2024 Item #9 Page 34 of 70
-
L I
Page 2
Amendment 2
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 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 subsections A and B of this section
which are located in a sensitive coastal resource area.
July 30, 2024 Item #9 Page 35 of 70
Page 3
Amendment 3
3. That Section 21.10.030 of the Carlsbad Municipal Code adds number E.3 to an unnumbered
section, renumbers existing sections E.3 – E.11, and deletes existing section E.11 to read as
follows [Note: This strikeout is compared to the text as approved in Ordinance CS-449, which
is the origin of the numbering error for section E.3 and following.]:
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:
3. The maximum size of an ADU or JADU shall be limited as follows, consistent with California
Government Code Sections 65852. 2 (effective Jan. 1, 2023) and 65852.22 (effective Jan. 1, 2023):
a. Attached ADUs — 50% of the total floor area of the main dwelling or 1, 200 square feet,
whichever is less, but not less than 800 square feet;
b. Detached ADUs —1, 200 square feet
c. JADUs — 500 square feet
3. 4. The maximum height of an ADU or JADU shall be limited as follows, consistent with California
Government Code Sections 65852. 2 (effective Jan. 1, 2023) and 65852. 22 effective Jan. 1, 2023):
a. A detached ADU on a lot with an existing or proposed single-family, two-family or
multiple -family dwelling unit shall be allowed a height up to 16 feet and one story.
b. A detached ADU on a lot with an existing or proposed single-family, two-family dwelling,
or multiple -family dwelling unit that is within one- half of one mile walking distance of a
major transit stop (Carlsbad Village Station or Poinsettia Station), shall be allowed a
height up to 18 feet. An additional two feet in height (20 feet maximum) is allowed to
accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary
dwelling.
c. A detached ADU on a lot with an existing or proposed two-family, multiple - family,
multistory dwelling shall be allowed a height up to 18 feet.
d. An attached ADU is allowed a height up to 25 feet, or the height limits of the applicable
zoning for the primary dwelling, but not to exceed two stories.
e. An ADU constructed above or below a detached garage shall be permitted and shall
conform to the height limits applicable to the zone. Structures that contain an ADU
located above or below a detached garage shall be limited to a maximum of two stories
including the garage.
4. 5. Roof decks shall not be permitted on detached ADUs.
5. 6. The construction of an ADU or JADU that is all new construction, or is a conversion of a portion or
all of an existing structure, or expands the square footage of an existing structure, shall be
consistent with all habitat preserve buffers, geologic stability setbacks, and visual resource
protection policies in the certified local coastal program, habitat management plan, general plan, or
geotechnical report, as applicable.
6. 7. On lots with one -family dwelling(s), the exterior roofing, trim, walls, windows and the color palette
of the ADU or JADU shall incorporate the same features as the primary dwelling unit.
7. 8. On lots with two-family or multiple -family dwellings, the exterior roofing, trim, walls, windows and
the color palette of the ADU addition shall incorporate the same features as the existing building
July 30, 2024 Item #9 Page 36 of 70
I I
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Page 4
that the ADU would be provided within. For detached ADUs, it shall be reflective of the nearest
building as measured from the wall of the existing building to the nearest wall of the proposed unit.
8. 9. Parking.
a. An ADU shall provide off-street parking in compliance with Chapter 21. 44 Parking),
unless it qualifies for an exemption as specified in California Government Code Section
65852. 2 (effective Jan. 1, 2023).
b. No off-street parking is required for a JADU if it meets the requirements specified in
California Government Code Section 65852.22 (effective Jan. 1, 2023).
c. When a garage, carport, or covered parking structure is demolished in conjunction with
the construction of an ADU or converted to an ADU, the loss of parking for the primary
dwelling does not need to be replaced, except on lots located west of the rail corridor
and on lots located east of the rail corridor and west of Interstate 5 between Avenida
Encinas to the north and Batiquitos Lagoon to the south. In which case, the loss of
parking for the primary dwelling shall be replaced subject to the parking requirements in
Chapter 21.44 Parking), except as follows:
i. The replacement parking spaces may be covered, uncovered, or tandem spaces,
or provided by the use of mechanical automobile parking lifts within a garage);
and may be located in the front, side or rear yard, provided the parking area is
an improved parking surface, such as paving, hardscape, decomposed granite,
etc.
ii. The location of the replacement parking spaces shall be consistent with all
habitat preserve buffers, geologic stability setbacks, and visual resource
protection policies in the certified local coastal program.
9. 10. ADUs intended to satisfy an inclusionary requirement shall comply with the requirements of
Chapter 21.85, including, but not limited to, the applicable rental rates and income limit
standards.
10. 11. A Notice of Restriction shall be recorded on the property declaring that:
a. An ADU(s) or JADU shall not be used for short-term rentals of less than 30 days. This
requirement does not apply to any unit that was issued a building permit prior to
January 1, 2020.
b. The obligations and restrictions imposed on the approval of the ADU(s) per California
Government Code Section 65852. 2 (effective Jan. 1, 2023) or JADU per California
Government Code Section 65852. 22 (effective Jan. 1, 2023) are binding on all present
and future property owners.
c. For a JADU, the property owner must reside in either the primary residence or the JADU.
Sale of the JADU separate from the single-family residence is prohibited; said prohibition
is binding on all present owners and future purchasers.
11. For ADUs permitted prior to January 1, 2020, the city may continue to enforce a requirement for
owner -occupancy of the ADU or primary residence.
July 30, 2024 Item #9 Page 37 of 70
Page 5
Amendment 4
4. 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 1
5. 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 1
July 30, 2024 Item #9 Page 38 of 70
Page 6
Amendment 5
6. 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 two years of the date of approval; however, permits or approvals which are issued in conjunction
with a tentative map or tentative parcel map, shall not expire sooner than 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.
July 30, 2024 Item #9 Page 39 of 70
Page 7
Amendment 6
7. 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. Home occupations 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 occupation activities shall be conducted entirely within the residential structure,
except for permitted agricultural or horticultural uses;
4. There shall be no external alteration to the appearance of the residential structure that
would reflect the existence of the home occupation;
5. No storage of materials, goods, equipment or stock in trade shall be permitted where visible
from the exterior of the property;
6. No deliveries or pickups by heavy duty commercial vehicles shall be permitted;
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 occupation shall not cause any external effect that is inconsistent with the
residential zone or disrupts the neighborhood, including, but not limited to, noise from
equipment, traffic, lighting, offensive odor or electrical interference;
9. No advertising, signs or displays of any kind indicating the existence of the home occupation
shall be permitted on the premises;
10. The home occupation shall not cause the elimination of required off-street parking;
11. The home occupation may not utilize 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 occupation. (Ord. NS-718 § 7,
2004)
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.
July 30, 2024 Item #9 Page 40 of 70
Page 8
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
July 30, 2024 Item #9 Page 41 of 70
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 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.
July 30, 2024 Item #9 Page 42 of 70
Page 10
Amendment 7
8. 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
9. 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
10. That Table A, Permitted Uses in the C-L Zone, 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
July 30, 2024 Item #9 Page 43 of 70
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Page 11
Amendment 8
11. That Table A, Permitted Uses, in 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:
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.
July 30, 2024 Item #9 Page 44 of 70
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Page 12
Amendment 9
12. That all instances of the abbreviation “O-S” in the Carlsbad Municipal Code be replaced
with “OS.”
July 30, 2024 Item #9 Page 45 of 70
Page 13
Amendment 10
13. 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.
14. 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.
July 30, 2024 Item #9 Page 46 of 70
Page 14
Amendment 11
15. 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 or 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 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;
23. Very low-income, rental and 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 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;
35. Low-income, ownership 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 50052.5; and
46. Low-income, rental units: the product of thirty percent times sixty percent of the
county median income, adjusted for household size, in accordance with California Health
and Safety Code Section 50053.
16. 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.
July 30, 2024 Item #9 Page 47 of 70
Page 15
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 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.
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.
17. That Section 21.85.140 D. of the Carlsbad Municipal Code is amended to read as follows:
July 30, 2024 Item #9 Page 48 of 70
Page 16
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.
18. 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 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 Section 17929.
July 30, 2024 Item #9 Page 49 of 70
Page 17
Amendment 12
19. 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 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.
20. 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
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 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.
21. 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:
July 30, 2024 Item #9 Page 50 of 70
Page 18
21.08.020 Permitted uses.
Table A
Permitted Uses
Use P CUP Acc
Agricultural cropsAgriculture (see note 8 below) X
Agricultural stand (for display of products raised on premises) (“stand”
defined: Section 21.04.320)Agriculture/aquaculture/flower stands (see
note 9 below) (defined: Section 21.04.024)
X 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.
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.
22. 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 deletion and addition of the following
use listings 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
Produce stand 1
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.
July 30, 2024 Item #9 Page 51 of 70
Page 19
23. 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
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 active agricultural or aquacultural use.
24. 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
Aquaculture stands (display/sale) (subject to Section 21.42.140(B)(10))
Agriculture/aquaculture/flower stands (see note 3 below) (defined: Section
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 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.
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.
July 30, 2024 Item #9 Page 52 of 70
---11_1-1
Page 20
25. 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
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 active agricultural or
aquacultural use.
July 30, 2024 Item #9 Page 53 of 70
Page 21
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 “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, 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.
July 30, 2024 Item #9 Page 54 of 70
Page 22
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 do not increase the intensity of the
project or have a potentially detrimental effect.
July 30, 2024 Item #9 Page 55 of 70
Page 23
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 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.
July 30, 2024 Item #9 Page 56 of 70
Page 24
Amendment 14
27. That Section 8.32.020 of the Carlsbad Municipal Code is amended by revising the
definition of “vend” or “vending” to read as follows:
8.32.020 Definitions.
“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 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 between 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 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 residential street for longer than 60 minutes at
any given time.
D. No sidewalk or pathway vending of any kind, including mobile services, shall take place in the
following locations:
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 definition 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 location that obstructs traffic signals or regulatory signs;
6. Within 15 feet of any intersection, 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 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 designed for
persons with disabilities;
10. Within 10 feet of an outdoor dining or patio area;
11. Within 500 feet of a permitted 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 after 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 administrative order, which shall include justification that such
restrictions are directly related to objective health, safety or welfare concerns;
July 30, 2024 Item #9 Page 57 of 70
Page 25
14. On any portion 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 restriction on vending shall include both the upper and lower portions of the Sea
Wall trail.
E. Vending activities, including mobile services, in public parks and recreational facilities must also
comply with the following:
1. Vending within public parks or recreational facilities is allowed only upon or alongside
sidewalks or other paved or marked pedestrian pathways. Outside of these aforementioned
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
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, including mobile services, that adversely affect the health, safety and
welfare of persons engaged in active sports activities and spectators of active sports activities
are prohibited.
3. Sidewalk vending activities, including mobile services, 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 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 Section 11.32.030 may waive these requirements for limited engagements or
events. (Ord. CS-346 § 2, 2019)
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:
11.32.015 Definitions.
“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.
July 30, 2024 Item #9 Page 58 of 70
Page 26
Amendment 15
30. That Sections 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 mentioned 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, notice, paper, or
advertising device or matter of any kind, unless issued a valid vending equipment permit as defined in
Chapter 8.32 of this code and the activity under this subsection is limited to advertisements
permanently affixed to vending equipment;
20. To sell or offer for sale or to rent or lease any merchandise, article 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 practice, carry on, conduct or solicit for any trade, occupation, 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 donation 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 subsection shall not apply to any state, county or local government
entity or other political subdivision;
July 30, 2024 Item #9 Page 59 of 70
Page 27
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, tunnels, utilities, or swimming pools/spas.
4. Exploratory excavations under the direction of soil engineers or engineering geologists.
5. Clearing and grubbing of vegetation done for the purpose of routine landscape maintenance,
the removal of dead or diseased trees or shrubs or the removal of vegetation done upon order
of the fire marshal to eliminate a potential fire hazard or for the abatement of weeds.
6. Clearing and grubbing of vegetation done preparatory to agricultural operations on land which
has been used for agricultural purposes within the previous five years.
7. Grading on a site where the city engineer finds that the following conditions exist:
a. The amount of soil material moved does not exceed 200 cubic yards (excluding excavation
for basements, foundations and footings);
b. No fill material is placed on an existing slope steeper than five units horizontal to one
vertical;
c. No cut or fill material exceeds four feet in vertical depth at its deepest point, measured from
the existing ground surface.
8. Grading in an isolated, self-contained area.
9. Grading associated with stem wall construction.
10. Retaining walls with a maximum height of 6 feet and the soil material moved does not to exceed
200 cubic yards.
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.
July 30, 2024 Item #9 Page 60 of 70
Page 28
32. That Section 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 applications for which city approval a permit is not granted within three years
following the date of application shall be deemed withdrawn, provided the improvement plans are not
associated with a tentative map, tentative parcel map, vesting tentative map, or vesting tentative parcel
map, in which case the 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 applicant or destroyed by the City Engineer. In order to renew action
on an application after withdrawal, the applicant shall resubmit a new application and pay a new grading
plan review application fee.
July 30, 2024 Item #9 Page 61 of 70
Exhibit 5
LIST OF AMENDMENTS
Project Analysis
Proposed Amendment Discussion/Analysis
Amendment 1 – Removed Footnote
Changes to Section 21.45.090
“Residential additions and
accessory uses.”
The proposed amendment removes Note 2 regarding building
separation under Table F. Note 2 is no longer necessary, 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 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 21.10.030
“Accessory dwelling units and
junior accessory dwelling
units.”
The proposed amendment includes the removal of E.12 (pre-CS-
449)/E.11 (post-CS-449) 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 any 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 if a
local government opts in and adopts an ordinance. The ordinances
required to implement AB 1033 would be developed if directed by
the City Council. The amendment also corrects a numbering error
approved with CS-449.
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
July 30, 2024 Item #9 Page 62 of 70
Exhibit 5
Proposed Amendment Discussion/Analysis
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 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 21.26.010,
21.28.010 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 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
July 30, 2024 Item #9 Page 63 of 70
Exhibit 5
Proposed Amendment Discussion/Analysis
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 the
nearly 9,900 parcels currently zoned as R-1 throughout the city.
However, Homeowner Associations may have more restrictive
requirements.
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.
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-S, Open 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
This amendment reinforces existing policies which apply under the
detailed provisions of Chapter 21.210 “Habitat Preservation and
July 30, 2024 Item #9 Page 64 of 70
Exhibit 5
Proposed Amendment Discussion/Analysis
“Enforcement measures –
Violations and remedies.”
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 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
Addition of Section 21.04.024
to “Definitions” and changes to
Section 21.07.020 “Permitted
uses”, Section 21.08.020
“Permitted uses”, 21.09.020
“Permitted uses”, 21.29.030
“Permitted uses”, 21.36.020
“Permitted uses”, and
21.39.020 “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”
July 30, 2024 Item #9 Page 65 of 70
Exhibit 5
Proposed Amendment Discussion/Analysis
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 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.
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 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.
July 30, 2024 Item #9 Page 66 of 70
Exhibit 5
July 30, 2024 Item #9 Page 67 of 70
Exhibit 6
Planning Commission Resolution No. 7514
(on file in the Office of the City Clerk)
July 30, 2024 Item #9 Page 68 of 70
Exhibit 7
Planning Commission staff report dated May 15, 2024
(on file in the Office of the City Clerk)
July 30, 2024 Item #9 Page 69 of 70
Exhibit 8
Planning Commission minutes dated May 15, 2024
(on file in the Office of the City Clerk)
July 30, 2024 Item #9 Page 70 of 70
All Receive -Agenda Item # ~
For the Information of the;
_ c;_rry C_OUNCIL
Date ]fjfJ!j°':~ cc _::
CM_~M _-oCM (3)~
Council Memorandum
{city of
Carlsbad
July 30, 2024
To:
From:
Honorable Mayor Hall and Members of the City Council
Jeff Murphy, Community Developmen~· ctor
Via: Geoff Patnoe, Assistant City Manager 6e,
Re: Additional Materials Related to Staff :eport Item No. 9 -2024 Zoning Code Clean Up -
ZCA2024-0001/LCPA2024-0020/MCA2024-0001 (PUB2024-000S) (District -All)
This memorandum provides clarification and additional information related to Public Hearing
Item No. 9, the 2024 Zoning Code Cleanup.
First, the order of the exhibits listed at the end of page four of the City Council staff report is
incorrect and different from the order of the actual exhibits and the order of the Recommended
Actions. Corrected, the exhibit list in the staff report should read as follows:
Exhibit
1. City Council ordinance (Titles 8 and 11)
2. City Council ordinance (Titles 15 and 21)
3. City Council resolution
4. Proposed changes to Municipal Code
5. List of amendments -project analysis
6. Planning Commission Resolution No. 7514 (on file in the Office of the City Clerk)
https://records.carlsbadca.gov/Weblink/DocView.aspx?id=8865923&dbid=0&repo=Cityo
fCarlsbad
7. Planning Commission staff report dated May 15, 2024 (on file in the Office ofthe City
Clerk)
https://records.carlsbadca.gov/Weblink/DocView.aspx?id=8865927&dbid=0&repo=Cityo
fCarlsbad
8. Planning Commission meeting minutes dated May 15, 2024 (on file in the Office of the
City Clerk)
https://records.carlsbadca.gov/Weblink/DocView.aspx?id=8898788&dbid=0&repo=Cityo
fCarlsbad
Second, the May 15, 2024, Planning Commission staff report, provided as Exhibit 7 of the City
Council staff report, was updated to include correspondences that were part of the Planning
Commission hearing materials. The correspondences, omitted from the record due to a clerical
error, have been included as attachments to this memorandum.
Community Services Branch
Community Development Department
1635 Faraday Avenue I Carlsbad, CA 92008 I 442-339-5088 t
Council Memo -2024 Zoning Code Clean Up
July 30, 2024
Page 2
Attachment:
A. Public correspondence from Joe Collins dated 5-14-2024
B. Public correspondence from Joe Collins dated 5-15-2024
cc: Scott Chadwick, City Manager
Cindie McMahon, City Attorney
Gary Barberio, Deputy City Manager
Allegra Frost, Senior Assistant City Attorney
Eric Lardy, City Planner
Robert Efird, Principal Planner
Scott Donnell, Senior Planner
Nicole Morrow, Assistant Planner
From:
To:
Cc:
Subject:
Date:
Hi Nicole,
~
Nicole Morrow
Scott Donnell; ~
Re: Noisy Chicken Ranch at 2396 Lafayette Ct. Carlsbad
Tuesday, May 14, 2024 3:39:18 PM
I was not able to open:
Attachment A
http://www.carlsbadca.gov/cityhall/clerk/meetings/boards/planning asp I would like to pre-read the Zone Cleanup.
Also, I do not know if it's the appropriate venue, however can I talk to the Zoning Commission regarding potentially changing our zone
from RA to R 1 ?. If you look at the zoning map, there are only two small areas of the city zoned RA and they border El Camino Real and
Carlsbad Village Dr. Effectively they are both in Old Carlsbad right down the street from the City Hall.
It is ridicu lous that we have such a densely populated area with single family homes in an area where we can keep two cows, two horses,
sheep and a chicken ranch. This must be a carryover from very old zoning.
Thank you,
Joe Collins
~~-""', ...
'H:lll
&C-V
P-C ,.
I ~ l ._ "'•-..,
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From:
To:
Cc:
Subject:
Date:
Attachments:
Hi Nicole,
Joe Collins
Nicole Morrow
Scott Donnell; Alex Alegre
Re: Noisy Chicken Ranch at 2396 Lafayette Ct. Carlsbad
Wednesday, May 15, 2024 10:43:34 AM
imaqe003.pnq
Attachment B
Thank you very much for the timely response and guidance. Please send out my prior email to the
Planning Commission prior to the meeting. In addition, please forward the commission my notes on what I
was planning on sharing (below). I will definitely fill out a "request to speak".
Thanks again,
Joe
<!--[if !supportlists]-->1. <!--[endif]-->I have communicated with a few of the of the
members the Planning Department, you may remember me. I represent a total of
seven homeowners that have recently filed a complaint regarding a very large
chicken coop with at least 25 chickens recently built by a neighbor that we are
complaining about.
a. This may not be the venue to raise th is to your awareness however I
wish to bring up two issues:
<!--[if !supportlists]-->b. <!--[endif]-->First -Regarding decisions around
chickens in general -what we need to carefully consider is that many
breeds of chickens, not counting roosters, can be extremely loud. In the
majority of cases it should not be an issue.
A case in point is that one of the seven complaining neighbors has four
chickens and is zero issue, we welcome the free eggs. However in our
case and potentially future cases, they can be extremely noisy and
disruptive, making noise from daybreak until late in the afternoon.
I borrowed a calibrated decibel meter, set to the requirements in
8.09.110 and the noise regularly exceeds the 55 dba limit in residential
areas per the Carlsbad Municipal Code.
This is such a problem for myself and the other six complainants that we
will have to disclose this prior to attempting to sell our houses, this will
have a significant impact on our property values. I need to point out the
CC 7.04.010: <!--[if !vml]--> <!--[endif]-->
0 ~ 7.1)4.010 Offensive odors-No,ses-lnsects.
: ,~ un a•l\ofu fo .. ~ny 'Je-:cn to .eep, "Yla11~a n vr caus:,e o, a·low to~-= ~-=-o• o:-,,a,,tc. ned \-.,·1th1r. :.ne c,ty !tf"'11t:;, :.if t'"f C·ty :;r.y oni!'fla
:~.a~ r..rnse--; oder no;se O'" rtie gath-::--in~ ot nsects w!'\ ch 5 offe1s ve-:c :+,~ 5e11:.es of c:.ny PE'".iO., •,•,he'1 rne-offe'"ld'!d ~~:.o, ,s
'i.:tu.:.tcd :iff:, -:.he lot ,:,r-lots or-which :··e a11rra~ Ji,~;-: or n-ia1.,~a,n:d
J Od ino:..-§1,Vd :,.•-r)~
From:Kathleen Steindlberger
To:City Clerk
Subject:July 30, 2024 City Council Meeting Public Comment Item #9
Date:Tuesday, July 30, 2024 12:46:34 PM
To the City of Carlsbad City Council:
Thank you for the opportunity to comment on Item 9, LCPA-0020 Zone Code Clean-Up. The LCPAbeing considered tonight is requesting the addition of Section 15.16.060 “Work Exempt fromGrading Permits” to the Carlsbad Local Coastal Plan.
The requested Grading Permit Exemption does not appear to provide enough detail to assurecompliance with the Coastal Act. Specifically, the amendment will exempt City CapitalImprovement (CIP) Projects and City initiated improvements and maintenance projects from grading
permits.
The California Coastal Commission’s “Landform Alteration Policy Guidelines” state that otherwiseexempt projects will be required to have a grading permit if “located on or adjacent to a wetland,
bluff, cliff, beach, ocean, or sensitive habitat”. The proposed language is too broad and does notprovide enough assurance that coastal resources will be protected.
Please amend the proposed Section 15.16.060 “Work Exempt from Grading Permit” to include
Coastal Act Guidelines to protect our beaches, wetlands, and coastal cliffs for generations to come.
Best Regards,Kathleen Steindlberger
CAUTION: Do not open attachments or click on links unless you recognize the sender and
know the content is safe.
All Receive - Agenda Item #____ For the Information of the: CITY COUNCIL
Date: ______ CA____ CC____ CM____ ACM____ DCM (3)____
9
7/30/24 x xxxx
From:Mitch Silverstein
To:City Clerk
Subject:Comments re: Item #9, 2024 Zoning Code Clean-Up
Date:Tuesday, July 30, 2024 1:21:42 PM
Attachments:2024.07.30 Comments Item 9, zoning code cleanup.pdf
Honorable Mayor, City Council, and City Clerk,
Please accept the attached comments re: Item #9: ZONING CODE CLEAN-UP on behalf ofSurfrider Foundation San Diego County.
Thank you for the opportunity to comment.
Mitch Silverstein | San Diego County Policy Manager | Surfrider Foundation
619.736.7757 | msilverstein@sandiego.surfrider.org
he/him (what's this)
CAUTION: Do not open attachments or click on links unless you recognize the sender and
know the content is safe.
July 30, 2024
Delivered via email
To: Carlsbad City Council
Re: Comments on July 30, 2024 City Council Agenda Re: Item #9, 2024 ZONING CODE
CLEAN-UP
Honorable Mayor and City Council,
Surfrider Foundation is a nonprofit environmental organization that engages a vast
volunteer network of ocean users to protect our world’s ocean, waves, and beaches for all
people. Our San Diego County Chapter represents thousands of ocean recreation users — from
dedicated surfers to occasional beachgoers — as well as the coastal communities and
economies that rely on them throughout the region. We appreciate the opportunity to provide
comments Item #9: 2024 ZONING CODE CLEAN-UP.
The draft zoning code ordinance you’ll be voting on this evening includes, among other things,
an LCP Amendment to include the proposed zoning changes within the City’s Coastal Zone.
The proposed exemptions include several types of work that will be exempt from a grading
permit, including:
15.16.060, Work exempt from grading permit
11. City capital improvement program (CIP) projects and city-initiated improvement and
maintenance projects.1
Without additional detail, such language may conflict with the California Coastal Act and
Carlsbad’s approved Local Coastal Program if/when CIP projects are within or next to protected
coastal resources. In their Landform Alteration Policy Guidelines, the California Coastal
Commission states many examples where grading for otherwise exempt projects must be
reviewed or permitted if “located on or adjacent to a wetland, bluff, cliff, beach, ocean, or
sensitive habitat.”
1 July 30, 2024 City Council Agenda Packet, Staff Report Item #9, Page 11 of 70 (p. 103)
Phone: 858.800.2282 | info@sandiego.surfridersd.org |surfridersd.org
3900 Cleveland Ave., Ste 201, San Diego, CA 92103
SURFRIDER
FOUNDATION
SAN DIEGO COUNTY
Please amend the proposed Section 15.16.060 to include a permit requirement for grading for
any CIP within or adjacent to a wetland, bluff, cliff, beach, ocean, or sensitive habitat within the
Coastal Zone. This will ensure that Carlsbad’s zoning policies are consistent with the Coastal
Act, and that CIPs that may affect our treasured coastal resources require a proper level of local
review. Carlsbad’s beaches and coastal resources are core to the City’s identity, economy, and
way of life. They require a maximum amount of local protection.
Thank you for the opportunity to comment on behalf of our ocean, waves, beaches, and
everyone who enjoys them.
Sincerely,
Mitch Silverstein
San Diego County Policy Manager
The Surfrider Foundation
619.736.7756
msilverstein@sandiego.surfrider.org
Jim Jaffee and Kristin Brinner
Beach Preservation Committee Co-Leads
Surfrider Foundation San Diego County
beachpres@sandiego.surfrider.org
Phone: 858.800.2282 | info@sandiego.surfridersd.org |surfridersd.org
3900 Cleveland Ave., Ste 201, San Diego, CA 92103
SURFRIDER
FOUNDATION
SAN DIEGO COUNTY
From:Julianne Adamik
To:Nicole Morrow; City Clerk
Cc:Joe Collins; Nicholas Lhotsky; Scott Donnell; Mark Sousa; Chuck Soper; Dave McFeaters; Jon; Anna Sousa
Subject:Resident Comments for July 30 Meeting
Date:Monday, July 29, 2024 8:03:44 AM
Attachments:2024 07 30 City Council Meeting.docx
Nicole Morrow and Carlsbad City Clerk:
Re: 2024 Zoning Code Clean-Up Amendment
Attached are comments that neighbors adjacent to Lafayette Court, Carlsbad would like to
present at the City Council meeting on July 30, 2024. Our comments are in support of theproposed 2024 Zoning Code Clean-Up Amendment. I will be acting as spokesperson for the
group that will be in attendance. While this package contains a lot of information, I willaddress only the talking points items 1 - 12. I understand I have a limit of 10 minutes to speak.
If you have any questions, please feel free to contact me — email/phone below.
Julie
Julianne DeWalt Adamik julieadamik@me.com orJulieadamik@gmail.com
951-567-3322 (Mobile Phone)
CAUTION: Do not open attachments or click on links unless you recognize the sender and
know the content is safe.
All Receive - Agenda Item #____ For the Information of the: CITY COUNCIL
Date: ______ CA____ CC____ CM____ ACM____ DCM (3)____
9
7/29/24 x x
x x x
1
City Council Meeting, July 30, 2024 Comments to 2024 Zone Code Clean-Up
Prepared: July 27, 2024
Speaker
Julianne Adamik – on behalf of the residents of Pacific Estates HOA (Zip 92010) and other
neighbors near 2396 Lafayette Court, Carlsbad. Total Complainants: 15 separate residences.
Statement
We strongly support the proposed language submitted by the Carlsbad Planning Department
regarding the 2024 Zone Code Clean Up, Code Section 21.10.040, Amendment 6 – Home Occupations. We urge the City Council to adopt the proposed language as written.
Support Justification
We support the proposed language based on the following:
1. While our neighborhood is currently Zone RA, it is our desire to have this updated to ZoneR-1 whereby the proposed Clean Up Amendment 6 would apply. It is a small area of
residential homes. (See Exhibit A)
2. The resident at 2396 Lafayette Court keeps 18 – 25 chickens on the property and sells eggswithout a City of Carlsbad business license. The resident is not registered by the State ofCalifornia Department of Food and Agriculture as an egg handler. The property is locatedvery close to other residential homes in the area. (See Exhibit B)
3. The City of Carlsbad currently has no regulation regarding the number of chickens that a
resident can have on their property if the area is zoned RA. San Diego County limitsdomestic chickens to no more than 25. However, we believe that have 25 chickens isexcessive for a residential area where houses are as close together as ours. We believe thatthis resident, at times, has more than 25 chickens.
4. As a result of the increase in the number of chickens being kept at the Lafayette Court
property, we have seen a corresponding increase in noise, insects (particularly mosquitos),smell, rats and mice.
5. The noise throughout the day is excessive—as early as 6:04 a.m. and as late as 8:03 p.m.(See Exhibit C) Noise levels were measured with a calibrated decibel meter and significantly
exceed levels allowed in residential areas, especially during the tighter restricted times prior
to 7:00AM.
6.Potential exists for run off from the chicken coop/yard and other debris into the drainageculvert owned by Pacific Estates HOA. The drainage culvert drains directly into the Citysewer system.
7. Primarily due to the noise, affected residents are deprived of enjoyable use of their backyards
for most of the day—seven days a week.
8. Affected residents need to run their AC at considerable expense to mitigate the noise from thechickens. Not everyone has AC.
2
9. Nearby residents who work from home (several) find the noise disruptive to business
calls/online meetings. This may result in having to work with the windows closed and no AC
as not every home has AC.
10. Nearby residents are deeply concerned about the potential loss of property value due to theexcessive chicken noise. It would be extremely difficult to sell a house in this area anywherenear its market value.
11. It should be noted that several neighbors close to 2396 Lafayette Code are reluctant to get
involved in this issue because they fear for their safety.
12. The City Code Enforcement department is unable to enforce Code §7.04.010
1 due toenforcement being outsourced to the County of San Diego Humane Society, (“SDHS”).
a.Repeated attempts to work with the SDHS to enforce the code have been cursory with
no follow up or blatantly ignored. (See Exhibit D)
b. To date the County of San Diego Humane Society is in violation of theircontract/agreement with the City. They are not responding to ongoing complaints andnot enforcing the applicable City Code.
Background
Pacific Estates is a single-family housing development located at the corner of El Camino Real and Carlsbad Village Drive in the City of Carlsbad, California. It consists of 19 homes all currently valued between $1 million and $2 million. They have a Homeowner Association (HOA) responsible for
compliance with the CC&R’s (Covenants Conditions and Restrictions) governing the member
homeowners. CC&Rs are contractual agreements that establish rules, restrictions, and obligations for property owners within a particular community or development. They aim to maintain property values, protect the rights and interests of homeowners, and ensure harmony.
We pride ourselves in maintaining a beautiful enclave of expensive homes in the lovely City of
Carlsbad. However, enjoyment of our homes—inside and out—during the day has been greatly diminished by constant, all day chicken noise from an excessive number of chickens being kept at the Lafayette Court property.
We are not opposed to residential chickens being kept for personal use, provided it is a small number
and they are of the breed that tends to be quieter than most. For example, Buff Orpington. Buff Orpingtons rate high on many of the factors people are looking for in backyard poultry. They are quiet, docile, friendly and fluffy birds. There are also many other “quiet” breeds of chickens. Other urban areas in California limit backyard chickens to 5 or 6. Oceanside limits to a maximum of six.
1 Code §7.04.010: Offensive odors—Noises—Insects. It is unlawful for any person to keep, maintain or cause or allow to be kept or
maintained within the city limits of the city any animal that causes odor, noise or the gathering of insects which is offensive to the senses of any person when the offended person is situated off of the lot or lots on which the animal is kept or maintained.(Ord. 3069 § 1; Ord. 3070 § 1)
3
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R...A, RUide:nti311/lgrie\ll.1.11'0
-R-E, Rural Re$idenUal Esl&te
R-1. One Famiy P.eslOenUal
R-2, Two FarnJy P.esidential
R-3, ,._,~ Famiy "8adenlial
-RD-M. Residenfial0en&ity-Mtlliple
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-RMHP, Retidonial MObito Homo Par,t
R-T, ResiOentialTMSI
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-R-P-O, Residential Professional
0, Ofice
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-C-T. Commetcial btrisl
-RD-M,(>T. CommTouristrRes 0eoStly• Mt.ii~
-C-M, Heavy Commercial
_M,lndustrial
-P-M. Planned Industrial
-P-•-~o. Planned lnduSll'i31/0ffico
p .. u. N:lie untv
-V-B, V,lage-Barrio
P..C, Planned Communl1y
L..C, li'niled Conttd
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-T-C, Transpor1aliOnC«ti00r
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Exhibit A
Carlsbad
Zoning Map
Updated August 2021
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4
Exhibit B
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5
Exhibit C
Below are the dates and time of recordings taken at various locations throughout the Pacific Estates
neighborhood. Actual recording will be provided upon request.
While these recordings are just a sampling of the noise, it continues unabated throughout the day from as early as 6:15 a.m. until as late as 8:03 p.m.
Morning
6/30/2024 11:29 a.m. 6/30/2024 11:30 a.m. 7/2/2024 8:36 a.m. 7/2/2024 9:01 a.m.
7/2/2024 9:15 a.m.
7/2/2024 9:16 a.m. 7/2/2024 9:17 a.m. 7/2/2024 10:14 a.m. 7/2/2024 10:30 a.m.
7/2/2024 10:40 a.m.
7/2/2014 11:40 a.m. 7/3/2024 8:33 a.m. 7/7/2024 7:35 a.m. 7/7/2024 11:57 a.m.
7/9/2024 6:14 a.m.
7/11/2024 10.03 a.m. 7/11/2024 11:00 a.m. 7/12/2024 8:44 a.m. 7/13/2024 8:34 a.m.
7/14/2024 8:13 a.m.
7/20/2024 11:57 a.m. 7/26/2024 6:04 a.m.
Afternoon/Evening
6/30/2024 1:50 p.m.
7/2/2024 12:47 p.m. 7/2/2024 1:54 p.m. 7/5/2024 12:45 p.m. 7/5/2024 3:00 p.m.
7/11/2024 6:53 p.m.
7/5/2024 7:00 p.m. 7/7/2024 12:00 p.m. 7/21/2024 1:10 p.m. 7/22/2024 8:03 p.m.
7/24/2024 7:58 p.m.
6
Exhibit D
Date Form Description Outcome Comments
4/8/2024 Email To help@carlsbadca.gov
4/8/2024 Email To Lance McDermaid—Admin Assist HLE San Diego Humane
Society (SDHS)
619-299-7012 x2617
Case #138930
4/8/2024 Call To Laureen Ryan 760-602-4615
4/8/2024 Email To Laureen Ryan
4/8/2024 Call To Jamie Kirksen, Carlsbad Complaints; will assign a complaint officer to case; advised we need to log chicken noise for 1 week.
442-339-2654
4/17/2024 Mtg With A. De la Torre, City of Carlsbad Code Enforcement Department at Collins residence. Attended by Joe Collins, Dave McFeaters, Nick Lkotsky
De La Torre heard significant squawking noise. He stated he would not want to live here because of the noise. He saw significant # of insects around
Lafayette property
417/2024 Call To Carlsbad Planning Division
4/25/2024 Call
Email
To A. De La Torre Call back stating still waiting for 2 other homeowners to email complaints; keeping file open; said no violations regarding chickens or coop
4/25/2024 Call To Theodora in Planning—stated Planning Dept is having a meeting today to discuss chicken noise problem
5/13/2024 Email From A. De La Torre stating that SDHS is enforcement agency for animal noise and complaints should be filed with them.
5/14/2024 Web Filed online complaint via SDHS website based on advice from De La Torre
Auto email response only
5/15/2024 Mtg D. McFeaters, A. Sousa and J.Collins presented issues to CarlsbadPlanning Commission
No outcome—other than potential to change area to R-1 Zone from RA Zone
7
Date Form Description Outcome Comments
6/7/2024 Call To SDHS – Left 3 messages No response 619-299-7012
6/10/2024 Call To SDHS, spoke to David. Was told to file complaint online to the barking dog email
6/10/2024 Web J. Collins filed online complaintwith SDHS Auto email response only
6/10/2024 Email From Barkingdog@sdhumane.org Stated that noise complaints for chickens are handled by code compliance for the city of Carlsbad.
This is incorrect. The City of Carlsbad has outsourced animal code enforcement to the SDHS.
6/10/2024 Email To Pacific Estates HOA requesting assistance in dealing with SDHS and the City to mitigate chicken noise
J. Adamik joined groupto assist Impact on housing values concerns HOA
6/11/2024 Email To Barkingdog@sdhumane.org Explained that City Code Enforcement is NOT the correct party to handle animal noise complaints. In fact, it was David from SDHS enforcement who explained that SDHS is responsible and how to file a complaint.
6/11/2024 Email To A. De La Torre Explained that SDHS stated that it is City Code Enforcement’s responsibility to enforce Code 7.04.010.
6/11/2024 Web N. Lhosky filed online chickennoise complaint with SDHS No response from SDHS Auto email response only
6/11/2024 Email From A. De La Torre Stated that he has reached out to Sr Director, Government Relations at SDHS to escalate our concerns about chickens.
This is not the correct department to escalate our concerns. It should be escalated to SDHS Code Enforcement.
6/11/2024 Email From D. McFeaters to De La Torre stating dissatisfaction with lack of response to the chicken issue and finger pointing between SDHS and the City
6/12/2024 Mtg J. Adamik, J. Collins, D. McFeaterspresented chicken noise issuemitigation and RA rezoningsuggestions to Carlsbad CityPlanning Commission
Received thorough response about rezoning process and other suggestions to mitigate chicken noise
8
Date Form Description Outcome Comments
6/20/2024 Web J. Adamik filed online complaintabout chicken noise with SDHS No response Auto email response only
6/20/2024 Call To Officer Ashmore (SDHS) for update No response
6/20/2024 Call To Ashmore (SDHS) for update – second request for update No response
6/20/2024 Visit Per Dave McFeaters: Had a visit from SDHS. Gave officer access to backyard to listen to noise.
6/22/2024 Text To Ashmore with video evidence of chicken noise No response
6/22/2024 Text To Ashmore with video evidence of chicken noise – second text request No response
6/24/2024 Call To Ashmore (SDHS) for update – third phone request for update No response
6/24/2024 Email To Ashmore (SDHS) with copy of 2 videos of chicken noise. No response
6/25/2024 Call To Ashmore (SDHS) for update – fourth request for update No response
6/26/2024 Email To Ashmore (SDHS) request for update No response
6/28/2024 Email To Ashmore and De La Torre requesting update on noise mitigation
No response
6/29/2024 Email To Ashmore (SDHS) and De La Torre (Carlsbad Code Enforcement) requesting that Code Enforcement take action to mitigate chicken noise
From J. Adamik
7/1/2024 Email From De La Torre – spoke with SDHS in prior week. They are actively investigating this matter
No action by SDHS to mitigate noise
7/1/2024 Email Video from M. Sousa to J. Adamik of chicken noise M. Sousa needs to oftensleep in the afternoon beforegoing to work as anAmerican Airlines pilot
7/1/2024 Web J. Collins filed second onlinecomplaint with SDHS Received auto response confirming receipt Auto email response only
7/1/2024 Text To Ashmore and De La Torre with video evidence of chicken noise No response
9
Date Form Description Outcome Comments
7/1/20224 Email To Ashmore requesting details of investigation. No response From J. Adamik
7/1/2024 Text To Ashmore and De La Torre with video evidence of chicken noise – second text
No response
7/2/2024 Email From De La Torre Stated we should continue to work with SDHS regarding chicken noise
7/15/2024 Email To J. Huggins – Vice president, Enforcemet, SDHS Requested response to whether Ashmore is still employed by SDHS because of no response
No response from J. Huggins
7/2/2024 Call With De La Torre regarding chicken issue He said we should continue to work with SDHS
Sent email summarizing discussing and disputing some of his statements
7/9/2024 Web J. Adamik filed second onlinecomplaint with SDHS No response Auto email response only
Week of 7/15 Visit Per Chuck Soper: Had a visit from a SDHS officer. Asked a few questions and left.
7/15/2024 Email To J. Huggins – Vice president, Enforcement, SDHS SECOND REQUEST Requested response to whether Ashmore is still employed by SDHS because of no response
No response from J. Huggins
7/19/2024 Email From N. Morrow, City Planning Department Formal notice of public hearing related to 2024 Zone Code Clean Up – Home Occupations
7/21/2024 Email To Carlsbad City Manager Request for copy current agreement between City and County for Animal Control Services-requested acknowledgement if online agreement is still current
No response
TO: CITY CLERK
AFFIDAVIT OF MAILING
NOTICE OF PUBLIC HEARING
DATE OF PUBLIC HEARING: ~~ o u;:Jb_ CQo,v'.I Up
SUBJECT: ]/<Did() __
LOCATION : Glloo Carlsbad Village Drive, Ca rlsbad, CA 92008
D Other: ------------------
• DATE POSTED TO CITY WEBSITE ~ h j;J.o;;;;_if
DATE NOTICES MAILED TO PROPERTY OWNERS: ----------
NUMBER_ MAILED: -
I declare under penalty of perjury under the laws.of the State of California that I am employed by
t he City of Carlsbad and the foregoing is true an d correct.
DEPARTMENT: [a'c:1TY CLERK'S OFFICE □OTHER _______ _
Signature Date
SENT TO FOR PUBLICATION VIA E-MAIL TO: □ Union Tribune on ___ _
~Coast News on· --J / I ,")/J-'-/
PUBLICATION DATE: Union Tribune --------------
Coast News __ 1__;_;_/__,_/ 9_...../.__:1.o_-;;..----'-l( ___ _
I declare under penalty of perjury under the laws of the State of California that I am employed by
the City of Carlsbad and the foregoing is true and correct.
DEPARTMENT: [g-cin' CLERK'S OFFICE □ OTHER _______ _
Signature
Attachments: 1) Mailing Labels
2) Notice w/ attachments
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN to you, because your interest may be affected, that the City Council of the City
of Carlsbad will hold a public hearing at the Council Chamber, 1200 Carlsbad Village Drive, Carlsbad,
California, at 5 p.m. on Tuesday, July 30, 2024, to consider a series of amendments to the city's Municipal
Code as part of a bi-annual effort, the Zone Code Clean Up, to maintain the city's code.
The 2024 Zone Code 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 Zone Code Clean Up consists of miscellaneous
amendments to Titles 8, 11, 15 and 21 of the city's code, including the Zoning Ordinance. These
amendments include corrections and updates for the purpose of addressing inconsistencies, updated
terminology, and new state regulations. Additionally, the Zone Code Clean Up is proposed for the purpose
of adding or deleting minor requirements and improving the overall clarity and usability of the code. The
proposed amendments apply citywide and do not change allowable uses or intensities.
On May 15, 2024, the City of Carlsbad Planning Commission voted 5/0/1 (Lafferty absent) to recommend
approval of a Zoning Ordinance Amendment and Local Coastal Program Amendment to Title 21 (the
Zoning Ordinance). Amendments to Titles 8, 11 and 15 are not subject to the Planning Commission's
authority, although information on these proposed changes was provided to the Planning Comrnission for
informational purposes. The City Planner has determined that the project is exempt from the p~visions
of the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section
15061(8)(3). _ .. _
Those persons wishing to speak on this item are cordially invited to attend the public hearing. Copies of
the staff report will be available on and after Friday, July 26, 2024. If you have any questions, please contact
Nicole Morrow in the Planning Division at 442-339-5438 or nicole.morrow@carlsbadca.gov. The meeting
can be viewed online at https://www.carlsbadca.gov/city-hall/meetings-age ndas or on the city's cable
channel. In addition, written comments may be submitted to the City Council at or prior to the hearing
via U.S. Mail to the attention of Office of the City Clerk, 1200 Carlsbad Village Drive, Carlsbad, CA 92008,
or via email to clerk@carlsbadca.gov.
If you challenge the Zone Code Amendment, Municipal Code Amendment or Local Coastal Program
Amendment in court, you may be limited to raising only those issues you or someone else raised at the
public hearing described in this notice or in written correspondence delivered to the City of Carlsbad, Attn:
City Clerk's Office, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, at or prior to the public hearing.
CASE FILE:
CASE NAME:
PUBLISH:
ZCA 2024-0001, MCA 2024-0001, LCPA 2024-0020 (PUB 2024-0005)
2024 ZONE CODE CLEAN UP
FRIDAY, JULY 19, 2024
CITY OF CARLSBAD CITY COUNCIL
CITY OF CAlll.5B,\ll
NQTICFOPPJIBI ICHF4.BING
NOTICE IS HERE.BY GIVF..N to you, because your intucst may be dl'ccted, that the City
Council of the City of Carlsbad will hold a public hearing at the Council Chamber, 1200 Carls-
bad Village Drive. Carlsbad, California, at 5 p.m. on 'fuesday, July 30, 2024, to oonsider a series
of amendments to the city's Municipal Code as part ofa bi-annual effort. tM Zone CodeCJcan
Up, to ma.intain the city's code.
11\e 20Z♦ Zone Code Clean Up is part of the Planning Division·• work program to mainl&.in
I.he Carlsbad Municipal Code (CMC) for ease of use and accuncy. The Zone Code Clean Up
cocuisu ofmiscellaneow amcodment.1 to Titles 8, 11, 15 and 21 of the city's code, including
the Zoning Ordinance. These amendments include com1Ctions and updat.es for the purpose
of addressing inconsis1.encies. updated terminology, and new stat.e regulations. Additionally,
the Zone Code Clean Up is prop,oeed for the purpose of adding or deleting minor ~uittmenu
and improving the o"erall clarity and usability of the code. The proposed amendmenlS apply
citywide and do not change allowable USC$ or inteositW$.
On May 15, 2024, the City of carl5bad Planning Commlssion ,'()ted 5/0/1 (Lafferty &hunt) to
recommend approval of a Zoning Ordinance Amendment and Local Coastal Prog.nu:n Amend•
tnenl lO Title 21 (the Zoning Ordina.nce). Amendments LO Til.les 8, 11 and 15 an! not subj eel to
the Planning Commission's authority, although information on these proposed changes was provided to the Planning Commission for infonnationaJ purposes. ni.e City Planne:r hu deter•
mined that the project is exempt from the provisions of the California Environment.aJ Quality
Act (CEQA) in accordance with CEQ,.4. Guidelioos Section 15061(BX3).
Those penons WU.hing to speak on this item are cordially invh.ed LO attend the public huring. Copic, of the staff rc1>0rt will £,e available on and after Friday. July 26, 202♦. If you ha\'c any
qutstions. pleue. contact. Nicole Morrow in the Planning Div;sion Ill 4"1,2·339·5+38 or nialJL
rooo:ow@c1dsb1dca r,w The meeting can be viewed online 1t 1'nps· l!wwwc1dsb1dc1 gm/ d~·•bellfmeerings·agendas or on thedtyi cable.channel. Jn addition, written comment& may
be submitted to the City Council at or prior to the hearing v;a U.S. Mail to the auention of Of-
fice of the City (lerk, 1200 Cambad Village Drive, Carlsbad, C:.\ 92008, or VU. email to cluk@
cadsbadca gov
If you challenge the Zone Code Amendment. Municipal Code Amendment or Loca1 Coast&)
Program Amendment in court. you may be limited to raising only those i5Sues you or someone
else n.ised at the public hearing described in this notice or in writ.tt-n oorrespondcooe delivered
to the City of c.arlsbad, Attn: City Clerk'■ Office, 1200 Carlsbad Village Dri'\·e. Carlsbad, C.-\
92008, at or prior to the pub lit hearing.
CASE FILE,
CASE NAME,
PUBLISH:
ZCA 20Z+-0001, MCA 2024-0001, LCPA 20U-0020
(PUB 202♦-0005)
202♦ WN'E CODE CLEAN UP
PRJDAY, JULY 19, 202♦
CJTY OP CARLSBAD CIT'r' COUNCIL
07/19/2024 CN 29190
3 col X 6.25"
18.75"x $15
$273.25
2024 Zone Code Clean Up
Robert Efird, Principal Planner
Scott Donnell, Senior Planner
Nicole Morrow, Assistant Planner
Community Development Department
July 30, 2024
( City of
Carlsbad
2
PURPOSE
ITEM 9: 2024 ZONE CODE CLEAN UP
•Bi-annual effort part of the department’s
work program
•Review of city codes and regulations to
reduce errors, maintain consistency and
improve clarity
{ City of
Carlsbad
3
OVERVIEW
•Amends the following sections of the
Carlsbad Municipal Code:
•Title 8 – Public Peace, Morals & Safety
•Title 11 – Public Property
•Title 15 – Grading
•Title 21 – Zoning Ordinance
•Local Coastal Program
ITEM 9: 2024 ZONE CODE CLEAN UP
ITEM 9: 2024 ZONE CODE CLEAN UP
SUMMARY OF AMENDMENTS
The proposed amendments include changes which:
•Fix administrative errors
•Update terminology and
references
•Improve consistency across
code sections
•Reflect state requirements
•Codify existing city practices
4
{ City of
Carlsbad
5
•Overall update to provide clarification on
the conditions, requirements, and state
standards that must be met to operate
home occupations in the R-1, R-A, and
other residential zones
“Home Occupations”
ITEM 9: 2024 ZONE CODE CLEAN UP
{ City of
Carlsbad
ITEM 9: 2024 ZONE CODE CLEAN UP
6
“Home Occupations” Sample: Employees
Existing Code
Proposed Amendment
2. No employee shall be employed on the premises;
4. No employees shall be employed on the premises unless
required by local or state law.
{ City of
Carlsbad
ITEM 9: 2024 ZONE CODE CLEAN UP
7
“Home Occupations” Sample: Secondary Use
Existing Code
Proposed Amendment
1.Home occupations shall be conducted as a secondary use by a resident or
residents of the premises;
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.
ITEM 9: 2024 ZONE CODE CLEAN UP
8
“Home Occupations” Sample: Storage
Existing Code
Proposed Amendment
5. No storage of materials, goods, equipment or stock in trade shall be
permitted where visible from the exterior of the property;
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).{ City of
Carlsbad
9
•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
ITEM 9: 2024 ZONE CODE CLEAN UP
“Animal Keeping”
{ City of
Carlsbad
10
ITEM 9: 2024 ZONE CODE CLEAN UP
5 Poultry or Less 6-15 Poultry
Roosters prohibited Roosters prohibited
15-foot setback from habitable
structure on an adjoining parcel
40-foot setback from habitable
structure on an adjoining parcel
Cannot be in the front yard Cannot be in the front yard
Must have an enclosure Must have an enclosure
Must maintain the enclosure for
sanitation purposes
Must maintain the enclosure for
sanitation purposes
“Animal Keeping”
11
•Reinstates City Engineer’s discretion to require a
grading permit in certain situations
•Eliminates duplicative review for city projects
•Updates permit withdrawal terminology from
“city approval” to “permit” for clarity
ITEM 9: 2024 ZONE CODE CLEAN UP
“Grading Permits”
{ City of
Carlsbad
12
ENVIRONMENTAL STATEMENT
The City Planner has determined that the
project is exempt from CEQA under Section
15061(b)(3) of the state government code
because there is no possibility that the
proposed amendments will have a significant
effect on the environment.
ITEM 9: 2024 ZONE CODE CLEAN UP
{ City of
Carlsbad
13
PUBLIC OUTREACH
•April 25, 2024: CEQA Determination of
Exemption Posted
•May 10, 2024: Local Coastal Program Public
Review Notice
•May 15, 2024: Planning Commission
Recommends Approval
•Public Hearing Newspaper Advertisements
ITEM 9: 2024 ZONE CODE CLEAN UP
{ City of
Carlsbad
14
NEXT STEPS
•Ordinance effective outside of the Coastal
Zone 30 days after adoption
•Submit LCPA application to the California
Coastal Commission (Titles 15 & 21)
ITEM 9: 2024 ZONE CODE CLEAN UP
{ City of
Carlsbad
15
RECOMMENDED ACTION
ITEM 9: 2024 ZONE CODE CLEAN UP
1.Introduce an ordinance for Titles 8 (Public
Peace, Morals and Safety) & 11 (Public
Property)
2.Introduce an ordinance for Titles 15
(Grading) & 21 (Zoning)
3.Adopt a resolution for a Local Coastal
Program Amendment { City of
Carlsbad