HomeMy WebLinkAbout2022-06-15; Planning Commission; ; ZCA 2022-0002/LCPA 2022-0014 – 2022 ZONING ORDINANCE CLEANUP
Item No.
Application complete date: N/A
P.C. AGENDA OF: June 15, 2022 Project Planner: Corey Funk
Project Engineer: N/A
SUBJECT: ZCA2022-0002/LCPA 2022-0014 – 2022 ZONING ORDINANCE CLEANUP Request for
recommendation of approval for amendments to the Carlsbad Municipal Code Title 21,
The Zoning Ordinance, to complete various miscellaneous cleanup amendments to the
Carlsbad Municipal Code. The action also includes a Local Coastal Program Amendment
for the updates to the Zoning Code. Amendments to other titles of the municipal code
are also presented for informational purposes. The city planner has determined that
Amendments 1 – 9 and 11 – 15 are exempt from the California Environmental Quality Act
(CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) because the amendments do
not have the potential to cause a significant effect on the environment, and that
Amendment 10 is covered under EIR 13-05 and addendum approved on April 6, 2021 for
an update of the city’s Housing Element for the 6th cycle (2021 – 2029) by Resolution
2021-073.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 7452 RECOMMENDING
APPROVAL of Zoning Code Amendment ZCA 2022-0002 and Local Coastal Program Amendment LCPA
2022-0014, based on the findings and subject to the conditions contained therein.
II. PROJECT DESCRIPTION AND BACKGROUND
As described below, the project consists of miscellaneous cleanup amendments to various titles of the
Carlsbad Municipal Code, including Title 21 Zoning Ordinance. The Planning Commission has authority
to recommend amendments to Title 21, but not the other titles of the Municipal Code; therefore, this
staff report requests the Planning Commission’s recommendation on the proposed amendments to Title
21 (ZCA 2022-0002).
The proposed Municipal Code amendments (Title 21 and sections of Title 15) are also amendments to the
Carlsbad Local Coastal Program Implementation Plan; and therefore, a Local Coastal Program amendment
is proposed (LCPA 2022-0014). The Planning Commission’s recommendation to amend the Zoning
Ordinance also constitutes a recommendation to amend the Local Coastal Program Implementation Plan.
No portion of the Local Coastal Program Land Use Plan is being amended.
Background:
The Carlsbad Municipal Code (Code) provides for all the regulatory, penal, and administrative ordinances
of the City of Carlsbad, California. In the Code, Titles 15 through 21 provide for the consolidated
regulations pertaining to the use, development and/or modification of land within the city. Title 21
contains the city’s Zoning Ordinance, which is part of the proposed amendments.
1
Staff Report
0
ZCA2022-0002/LCPA 2022-0014 – 2022 ZONING ORDINANCE CLEANUP
June 15, 2022
Page 2
Earlier this year, the Planning Division initiated a new, reoccurring work program to annually review the
city’s Code and regulations to see if anything needs to be updated to reflect state-mandated changes,
correct errors, resolve ambiguities or inconsistencies, add clarifications and make minor additions for new
requirements. Those issues that have been identified are being addressed as part of a Carlsbad Municipal
Code, including the Zoning Ordinance, clean-up effort to occur every other year. Zoning Ordinance
Amendments are prepared as ordinances and require Planning Commission recommendation and City
Council adoption. For amendments to ordinances that are part of the Local Coastal Program
Implementation Plan (Title 21 and sections of Title 15), approval by the California Coastal Commission is
required.
As mentioned above, the amendments propose changes to various titles of the Carlsbad Municipal Code
in addition to Title 21. The Planning Commission’s authority applies only to Title 21, and therefore, the
commission will not review the proposed amendments to other Municipal Code titles. Exhibits 1A, 2 and
3 to this staff report identify the proposed amendments to Titles 5, 15 and 21, as these exhibits will be
presented to the City Council for approval; however, the Planning Commission’s recommendation to the
City Council pertains only to Title 21 amendments.
Exhibit 2 to the staff report provides a strikethrough and underlined version of all of the proposed
Municipal Code changes, including the Zoning Ordinance. The Planning Commission Resolution (Exhibit
1) includes Exhibit 1A (draft City Council ordinance), which provides a “clean” copy of the changes and
reflects what they will look like if adopted by City Council.
Project Description:
A summary of the Title 21 Zoning Ordinance changes are highlighted below:
• Amendment to improve clarity and code usability
o Codify interpretations and department policies will more clearly state code requirements
and logically locate information
o Add clarification to vague code sections will aid individuals as they review and interpret
the code
• Additions and deletions of minor requirements
o Deleting zoning standards when the issue is adequately regulated by building code
o Adding minor new requirements that supplement and clarify existing standards but do
not create significant new allowances beyond the existing standards
• Regulatory consistency
o Implementation of a portion of Housing Element Program 1.3(g)1 by making amendments
related to residential care facilities and employee housing
o Update child day care home regulations consistent with state law
o Update mobile home regulations consistent with state law
o Establishing a permit process for small wireless facilities when located outside the right-
of-way on public or private property that will meet federal shot clock timeframes
1 On April 6, 2021 the City Council approved an update to the city’s Housing Element for the sixth cycle to cover the
period from 2021 to 2029. The housing element contains various programs that commit the city to a series of
actions including amendments to its general plan and zoning ordinance.
ZCA2022-0002/LCPA 2022-0014 – 2022 ZONING ORDINANCE CLEANUP
June 15, 2022
Page 3
• Amendments to address errors and inconsistencies, such as incorrect code references
• Updating code references and terminology
o General Plan Land Use designation titles that changed with the adoption of the 2015
General Plan
III. ANALYSIS
For a specific description of each proposed amendment and its associated analysis, please see the analysis
table in Exhibit 3.
The amendments to the Zoning Ordinance (Title 21) are intended to clarify regulations and procedures as
well as establish consistency with California Government Code. Staff has analyzed the proposed
amendments and finds that the amendments are internally consistent with the other provisions of the
Zoning Ordinance not being amended and that the proposed amendments do not create any conflicts
with the provisions of the General Plan or Local Coastal Program.
The Planning Commission has the authority under Chapter 21.52 of the Zoning Code to provide
recommendations to the City Council on any amendments to the Zoning Ordinance or Local Coastal
Program. Pursuant to section 21.52.050, the Planning Commission must provide a recommendation based
on the relationship of the proposed amendment to applicable provisions of the Zoning Ordinance, the
General Plan and Local Coastal Program, and any applicable master or specific plan.
General Plan Consistency:
The proposed Zoning Ordinance amendments would be consistent with the existing General Plan goals
and policies. The Zoning Ordinance effectively implements the General Plan by regulating the distribution
and intensity of land uses in such categories as residential, commercial, and industrial. Regulations
establish standards for minimum lot size; building height and setback limits; fence heights; parking; and
other development parameters within each land use. In the event of an inconsistency between the Zoning
Ordinance and the General Plan, the General Plan shall prevail. To effectively implement the General Plan,
there needs to be regulations that clearly and effectively implement land use development goals and
objectives. The basis of establishing and updating, as necessary, local standards and guidelines for land
use activities ensures land use compatibility is achieved and maintained over time. This will help the city
maintain a land use program with amount, design and arrangement of varied uses that serve to protect
and enhance the character and image of the city (policy 2-G.1 of the Land Use Element). The proposed
modifications are based on existing policies and practices and refined according to zoning and planning
standards.
Local Coastal Program Consistency:
With the inclusion of LCPA 2022-2014, this project meets the requirements of, and is in conformity with,
the policies of Chapter 3 of the Coastal Act and all applicable policies of the Carlsbad Local Coastal Program
not being amended by this amendment. This amendment does not modify the use or intensity of any
designations and only clarifies existing process and definitions.
ZCA2022-0002/LCPA 2022-0014 – 2022 ZONING ORDINANCE CLEANUP
June 15, 2022
Page 4
IV. ENVIRONMENTAL REVIEW
The proposed 2022 ZONING ORDINANCE CLEANUP includes 15 separate amendments to the Carlsbad
Municipal Code, including the Zoning Ordinance. Given the diverse nature of the amendments, separate
exemptions under CEQA are applicable.
Amendments 1 – 9 and 11 – 15:
The City Planner has determined that the amendments are exempt from the California Environmental
Quality Act (CEQA) pursuant to the common sense exemption, Section 15061(b)(3) of the CEQA
Guidelines, since there would be no possibility of a significant effect on the environment because:
• The proposed amendments do not directly or indirectly authorize or approve any actual changes
in the physical environment
• Certain amendments are proposed for compliance with state or federal law and the scope of city
discretion is limited
• Requirements that are proposed to be added or deleted are minor in nature
• Certain amendments address errors, inconsistencies and terminology updates
The City Planner issued a notice of intended decision with respect to the exemption. The notice was
circulated for public review, which began on June 7, 2022 and will end on June 22, 2022. If an appeal is
filed, it will be processed in accordance with Carlsbad Municipal Code Section 21.54.140.
Amendment 10:
Pursuant to the California Environmental Quality Act, (CEQA, Public Resources Code section 21000 et.
seq.), and its implementing regulations (the State CEQA Guidelines), Section 15168 set the criteria for use
of a Program Environmental Impact Report (EIR) for later activities to determine if an additional
environmental document must be prepared. Section 15168 (c) (2) directs a Program EIR to utilize the
specific process referenced in Sections 15162 through 15164 that sets forth the criteria for determining
the appropriate additional environmental documentation, if any, to be completed when there is a
previously adopted Negative Declaration (ND) or a previously certified EIR covering the project for which
a subsequent discretionary action is required.
As part of its approval of the Comprehensive General Plan Update on Sept. 22, 2015, the City Council
adopted Resolution 2015-242, certifying EIR 13-02 and adopting Findings of Fact, a Statement of
Overriding Considerations, and a Mitigation Monitoring and Reporting Program. EIR 13-02 is available as
part of the General Plan Update documents page of the Planning Division at
https://www.carlsbadca.gov/departments/community-development/planning/general-plan/related-
documents.
Subsequently, on April 6, 2021 the City Council approved an update of the city’s Housing Element for the
6th cycle (2021 – 2029) by Resolution 2021-073, which included an Addendum consistent with Section
15164 of the CEQA Guidelines to study impacts of the Goals, Policies, Programs and Objectives contained
in the Housing Element. On July 13, 2021 the California Department of Housing and Community
Development found the element to be in substantial compliance with all applicable laws. The Addendum
and resolution are available at: 2021-04-06; City Council; Resolution 2021-073 (carlsbadca.gov) The
Addendum included an evaluation of the Housing Element Goals, Policies, Programs and Objectives that
ZCA2022-0002/LCPA 2022-0014 – 2022 ZONING ORDINANCE CLEANUP
June 15, 2022
Page 5
will be implemented throughout the eight-year housing cycle. Additionally, the Housing Element did not
include any changes to Land Uses in the General Plan or Zoning Ordinance.
The proposed project includes amendments to implement a portion of Housing Element Program 1.3(g),
specifically making amendments to bring the zoning ordinance into compliance with state law with
respect to employee housing and residential care facility parking. The proposed amendments breaks no
new legal ground and is within the scope of the of the Addendum. During adoption of the General Plan,
EIR 13-02 considered and evaluated all land use impacts for the components of the proposed project. The
Addendum evaluated all direct and indirect impacts, in addition to cumulative impacts, that would result
from Housing Element implementation.
Amendment 10 falls under the scope of the Addendum and is internally consistent with other provisions
of the code, and the land use regulations and requirements set forth in the city’s General Plan and Local
Coastal Program. As these programs were considered in the April 6, 2021 Addendum, there are no
cumulative impacts that have not been considered and studied, and there are no unanticipated
environmental impacts or changes in circumstances. Additionally, there is no "new information of
substantial importance" as that term is used in CEQA Guidelines Section 15162(a)(3) and none of the
triggers for a subsequent/supplemental EIR apply. Therefore, the Addendum to the EIR and certified EIR
are adequate without modification.
On the basis of this analysis, the City Planner has determined that there are no substantial changes
proposed in the project and there are no substantial changes in the circumstances under which the project
will be undertaken that will require major revisions to the previous EIR due to the involvement of
significant new environmental effects or a substantial increase in the severity of previously identified
significant effects.
EXHIBITS:
1. Draft Planning Commission Resolution No. 7452
a. Attachment A: Draft City Council Ordinance
2. Underline Strikeout Exhibit
3. Analysis Table of Proposed Amendments
a. Attachment A: Carlsbad Habitat Management Plan Appendix D-4
b. Attachment B: Mobilehome Guidelines
PLANNING COMMISSION RESOLUTION NO. 7452
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL FOR
AMENDMENTS TO THE CARLSBAD MUNICIPAL CODE TITLE 21, THE
ZONING ORDINANCE, TO COMPLETE VARIOUS MISCELLANEOUS
CLEANUP AMENDMENTS. THE ACTION ALSO INCLUDES A LOCAL
COASTAL PROGRAM AMENDMENT FOR THE UPDATES TO THE ZONING
CODE.
CASE NAME:
CASE NO.:
2022 ZONING ORDINANCE CLEANUP
ZCA2022-0002/LCPA 2022-0014
EXHIBIT 1
WHEREAS, the City Planner, has prepared a proposed amendment to the Zoning Ordinance and
Local Coastal Program pursuant to Chapter 21.52 of the Carlsbad Municipal Code to ensure consistency with
state law; and
WHEREAS, the City Planner has prepared a Local Coastal Program Amendment, as provided in
Public Resources Code Section 30514 and Section 13551 of California Code of Regulations Title 14, Division 5.5;
and
WHEREAS, the Planning Commission is required to review and make recommendations to the
City Council for amendments to Title 21 of the Carlsbad Municipal Code, and
WHEREAS, the Planning Commission's authority pertains to Title 21 of the Carlsbad Municipal
Code, and amendments proposed for other titles of the Carlsbad Municipal Code are included in the ordinance,
however Planning Commission's recommendation only pertains to Title 21, and
WHEREAS, pursuant to the California Environmental Quality Act (CEQA, Public Resources Code
section 21000 et. seq.) and its implementing regulations (the State CEQA Guidelines), Article 14 of the California
Code of Regulations section 15000 et. seq., the city is the Lead Agency for the project, as the public agency with
the principal responsibility for approving the proposed project; and
WHEREAS, on June 7, 2022, pursuant to Carlsbad Municipal Code Section 19.04.060, the City
Planner determined that Amendments 1-9 and 11-15 are is categorically exempt from environmental review
under California Environmental Quality Act Guidelines Section 15061(b)(3), which states that information
collection activities are exempt from the provisions of the act. Any appeals of this determination received will
be processed in accordance with Carlsbad Municipal Code Section 21.54.140.
WHEREAS, as part of its approval of the Comprehensive General Plan Update on Sept. 22, 2015,
the City Council adopted Resolution 2015-242, certifying Environmental Impact Report (EIR) 13-02 and adopting
Findings of Fact, a Statement of Overriding Considerations, and a Mitigation Monitoring and Reporting Program;
and
WHEREAS, on August 6, 2021 the City Council approved the city's Housing Element by
Resolution 2021-073, which included an addendum consistent with Section 15164 of the CEQA Guidelines to
study impacts of the proposed Goals, Policies, Programs and Objectives of the Housing Element; and
WHEREAS, pursuant to CEQA, when taking subsequent discretionary actions in furtherance of a
project for which an EIR has been certified, the Lead Agency is required to review any changed circumstances
to determine whether any of the circumstances under Public Resources Code section 21166 and CEQA
Guidelines section 15162 require additional environmental review; and
WHEREAS, the City Planner has determined that Amendment 10 when compared to the project
description and analysis conducted in EIR 13-02 and the Addendum approved by Resolution 2021-073, complies
with the provisions of sections 15168 and 15162 of the California Environmental Quality Act Guidelines and no
further environmental review is required.
WHEREAS, the proposed Zoning Ordinance Amendment and Local Coastal Program Amendment
are set forth in the draft City Council Ordinance, Attachment A dated, June 15, 2022, and attached hereto 2022
ZONING ORDINANCE CLEANUP -ZCA2022-0002/LCPA2022-0014; and
WHEREAS, California Coastal Commission Regulations require a six-week public review period
for any amendment to the Local Coastal Program; and
WHEREAS, the Planning Commission did on June 15, 2022, hold a duly noticed public hearing as
prescribed by law to consider said request for a proposed Zoning Ordinance Amendment and Local Coastal
Program Amendment; and
PC RESO NO. 7452 -2-
WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if
any, of all persons desiring to be heard, said Commission considered all factors relating to the Zoning Ordinance
Amendment and Local Coastal Program Amendment.
as follows:
A)
B)
C)
Findings
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad
That the foregoing recitations are true and correct.
At the end of the state-mandated six-week review period for the Local Coastal Program
Amendment, starting on May 20, 2022 and ending on July 1, 2022, staff shall present to the City
Council a summary of the comments received.
That based on the evidence presented at the public hearing, the Planning Commission
RECOMMENDS APPROVAL of amendments to Title 21 of the Carlsbad Municipal Code as shown
in City Council Ordinance, Attachment A dated, June 15, 2022, and attached hereto 2022
ZONING ORDINANCE CLEANUP -ZCA2022-0002/LCPA2022-0014, based on the following
findings:
1. ZCA 2022-0002 reflects sound principles of good planning in that it amends the Carlsbad Municipal
Code to ensure consistency with state law, and that the proposed amendments do not conflict with
the General Plan and improved clarify and consistency for zoning regulations will further the goals
and objectives of the General Plan; and,
2. ZCA 2020-0001 is consistent with the General Plan in that the proposed amendments implement the
General Plan Housing Element Program 1.3(g), which commits the city to updating development
regulations related to employee housing and residential care facilities; and,
3. LCPA2022-0014 is required to ensure consistency with the Zoning Ordinance; and,
4. LCPA 2022-0014 meets the requirements of, and is in conformity with, the policies of Chapter 3
of the Coastal Act and all applicable policies of the Carlsbad Local Coastal Program not being
amended by this amendment, in that the amendment ensures consistency with the Zoning
Ordinance and does not conflict with any Coastal Zone regulations, land use designations or
policies, with which development must comply.
PC RESO NO. 7452 -3-
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City
of Carlsbad, held on June 15, 2022, by the following vote, to wit:
AYES: Commissioners Lafferty, Luna, Kamenjarin, Meenes, Merz, Sabellico and Stine
NOES:
ABSENT:
ABSTAIN:
JOSEPH STINE, Chair
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
City Planner
PC RESO NO. 7452 -4-
ZCA2022-0002/LCPA 2022-0014 – 2022 ZONING ORDINANCE CLEANUP
Exhibit 2
Proposed Municipal Code and Zoning Code Amendments
Underline Strikeout Exhibit
This project proposes to amend the various Municipal Code and Zoning Code sections to read as specified
below, signified as replacements, additions, or revisions to existing text. Revisions to existing text are
shown in order by section number, with strikeout typeface (i.e. strikeout) illustrating deletions and
underline typeface (i.e. underline) illustrating new text. The proposed changes are not intended to
impair or interfere with any other existing provision of law or ordinance.
A clean-copy of the proposed changes will be provided as an attachment to the resolution that is
presented to Planning Commission for review and consideration.
Also included are the following reference information for each amendment:
•Amendment numbering
•Amendment general subject area
•Amendment proposal
Attachment A
Amendment: 1
Subject area: Grading permit exemption
Proposal: Add certain activities to the list of activities exempt from a grading permit.
Section 15.16.060 of the Carlsbad Municipal Code is proposed to be amended as follows:
15.16.060 Work exempt from grading permit.
A.A grading permit shall not be required for the following:
1.Cemetery graves.
2.Refuse disposal sites controlled by other regulations.
3.Excavations for wells, or tunnels, or utilities, or swimming pools/spas.
4.Exploratory excavations under the direction of soil engineers or engineering geologists.
5.Clearing and grubbing of vegetation done for the purpose of routine landscape maintenance,
the removal of dead or diseased trees or shrubs or the removal of vegetation done upon order of
the fire marshal to eliminate a potential fire hazard or for the abatement of weeds.
6.Clearing and grubbing of vegetation done preparatory to agricultural operations on land which
has been used for agricultural purposes within the previous five years.
B.Unless the city engineer determines that the work may adversely affect existing drainage patterns,
result in a condition which may cause damage to adjacent property now or in the future, or may have a
detrimental effect on the public health, safety or welfare, a grading permit shall not be required for the
following:
1.Grading on a site where the city engineer finds that the following conditions exist:
a.The amount of soil material moved does not exceed 200 cubic yards (excluding
excavation for basements, foundations and footings);
b.No fill material is placed on an existing slope steeper than five units horizontal to one
vertical;
c.No cut or fill material exceeds four feet in vertical depth at its deepest point, measured
from the existing ground surface.
2.Grading in an isolated, self-contained area.
3.Grading associated with stem wall construction.
4.Retaining walls with a maximum height of 6 feet and the soil material moved does not to
exceed 200 cubic yards.
EXHIBIT 2
Amendment: 2
Subject area: Nonconforming due to over-density
Proposal: Delete the statement in the code that developments which are over Growth
Management Control Point but within the General Plan density range are considered
"nonconforming".
21.04.281 Nonconforming residential use.
“Nonconforming residential use” means a residential use which was lawfully established and
maintained, but which exceeds the growth management control point or the maximum density range of
the underlying general plan land use designation.
Amendment: 3
Subject Area: Roof heights and third story for lots zoned R-1-20,000
Proposal: Specific to R-1-20,000 lots (lots with a greater area than 20,000 square feet and), the
code provides for an increase in height/stories for pitched roofs but not for flat roofs
height. Update code section to clarify homes with a flat roof design are eligible for a
corresponding 5 ft. and 1 story increase similar to pitch roof homes.
21.10.050 Building height.
In the R-1 zone no building shall exceed a height of thirty feet and two stories if a minimum roof pitch of
3:12 is provided or twenty-four feet and two stories if less than a 3:12 roof pitch is provided for lots
under twenty thousand square feet. Single-family residences on lots with a lot area of twenty thousand
square feet or greater and within a R-1 zone and specifying a -20 or greater area zoning symbol shall not
exceed thirty-five feet and three stories with a minimum roof pitch of 3:12 provided, or twenty-nine feet
and three stories if less than a 3:12 roof pitch is provided.
Amendment: 4
Subject Area: Building separation standard
Proposal: Replace the zoning code requirements for building separation in residential zones with
reference to building code requirements for building separation.
----------
Amendment: 5
Subject Area: Street side yard setbacks for detached non-habitable structures
Proposal: Clarify that a street side yard setback of five feet applies to detached non-habitable
accessory structures.
The following sections are proposed to be amended as shown below:
21.08.060 Placement of buildings
21.10.080 Placement of buildings
21.12.060 Placement of buildings
21.16.060 Placement of buildings
A. Placement of buildings on any lot shall conform to the following, except as otherwise permitted for
accessory dwelling units (or junior accessory dwelling units where permitted) pursuant to
Section 21.10.030:
1. Interior Lots.
a. No building shall occupy any portion of a required yard;
b. Any building, any portion of which is used for human habitation, shall observe a distance
from any side lot line the equivalent of the required side yard on such lot and from the rear
property line the equivalent of twice the required side yard on such lot;
c. The distance between buildings used for human habitation and between buildings used
for human habitation and accessory buildings shall not be less than ten feet;
dc. All accessory structures shall comply with the following development standards:
i. The lot coverage shall include accessory structures in the lot coverage calculations
for the lot,
ii. The distance between buildings used for human habitation and accessory buildings
shall be not less than ten feet,
iiiii. When proposed on a lot adjoining native vegetation, accessory structures within a
fire suppression zone must be reviewed and approved by the fire department,
iviii. Buildings shall not exceed one story,
iv. Building height shall not exceed fourteen feet if a minimum roof pitch of 3:12 is
provided or ten feet if less than a 3:12 roof pitch is provided;
ed. Habitable detached accessory structures shall comply with all requirements of the zone
applicable to placement of a dwelling unit on a lot including setbacks;
fe. Detached accessory structures which are not dwelling units and contain no habitable
space, including, but not limited to, garages, workshops, tool sheds, decks over thirty inches
above grade and freestanding patio covers shall comply with the following additional
development standards when located within a lot’s required setback areas:
i. The maximum allowable building area per structure shall not exceed a building
coverage of four hundred forty square feet,
ii. The following setbacks shall apply: a front yard setback of twenty feet, a rear yard
setback of five feet, a side yard setback of five feet, a street side yard setback of five
feet and an alley setback of five feet,
iii. The maximum plumbing drain size shall be one and one-half inches in diameter so
as to prohibit toilets, showers, bathtubs and other similar fixtures,
iv. The additional development standards listed above (subsections (A)(1)(g)(i)
through (iii) of this section) shall apply to the entire subject accessory structure, not just
the portion encroaching into a lot’s setback area; and
gf. The provisions of this section are applicable notwithstanding the permit requirements
contained in Section 18.04.015.
2. Corner Lots and Reversed Corner Lots.
a. No building shall occupy any portion of a required yard;
b. The distance between buildings used for human habitation and between buildings used
for human habitation and accessory buildings shall not be less than ten feet;
bc. Any building, any portion of which is used for human habitation, shall observe a
distance from the rear property line the equivalent of twice the required interior side yard on
such lot;
cd. All accessory structures shall comply with the following development standards:
i. The lot coverage shall include accessory structures in the lot coverage calculations
for the lot,
ii. The distance between buildings used for human habitation and accessory buildings
shall be not less than ten feet,
iiiii. When proposed on a lot adjoining native vegetation, accessory structures within a
fire suppression zone must be reviewed and approved by the fire department,
iviii. Buildings shall not exceed one story,
iv. Building height shall not exceed fourteen feet if a minimum roof pitch of 3:12 is
provided or ten feet if less than a 3:12 roof pitch is provided;
de. Habitable detached accessory structures shall comply with all requirements of the zone
applicable to placement of a dwelling unit on a lot including setbacks;
ef. Detached accessory structures which are not dwelling units and contain no habitable
space, including, but not limited to, garages, workshops, tool sheds, decks over thirty inches
above grade and freestanding patio covers shall comply with the following additional
development standards when located within a lot’s required setback areas:
i. The maximum allowable building area per structure shall not exceed a building
coverage of four hundred forty square feet,
ii. The following setbacks shall apply: a front yard setback of twenty feet, a rear yard
setback of five feet, a side yard setback of five feet, a street side yard setback of five
feet and an alley setback of five feet,
iii. The maximum plumbing drain size shall be one and one-half inches in diameter so
as to prohibit toilets, showers, bathtubs and other similar fixtures,
iv. The additional development standards listed above (subsections (A)(2)(g)(i)
through (iii) of this section) shall apply to the entire subject accessory structure, not just
the portion encroaching into a lot’s setback area; and
gf. The provisions of this section are applicable notwithstanding the permit requirements
contained in Section 18.04.015.
Amendment: 6
Subject Area: Massage therapy and personal services use listing
Proposal: Categorize massage and massage therapy uses as "personal services" instead of
"medical" type uses. Create a definition for “personal services” use listing and use it to
replace similar use listings.
1. Chapter 21.04 is proposed to be amended by the addition of the following
definition:
21.04.290.1 Personal services.
“Personal Services” means uses that include but are not limited to dry cleaners, beauty and barber
shops, day spas, cosmetic services, nail salons, shoe garment repair, massage therapy, etc.
----------
2. Table A of Section 21.18.020 is proposed to be amended by the addition and
deletion of the following use listings:
21.18.020 Permitted uses.
Table A
Uses Permitted When the R-P Zone Implements the “O” (Office) General Plan Land Use Designation
Use P CUP Acc
Personal services (defined: section 21.04.290.1) 1
Services, provided directly to consumers, focusing on the needs of the local
neighborhood, including, but not limited to, personal grooming, dry cleaning, and
tailoring services
1
3. Table A of Section 21.26.010 is proposed to be amended as follows:
21.26.010 Permitted uses.
Table A
Permitted Uses
Use P CUP Acc
Accountants X
Adult and/or senior daycare and/or recreation facility (private/non-private) 1
Alcoholic treatment centers 2
Amusement parks 3
Arcades—coin-operated (subject to Section 21.42.140(B)(15); defined:
Section 21.04.091)
1
Athletic clubs, gymnasiums, health clubs, and physical conditioning businesses X
Attorneys X
Banks and other financial institutions without drive-thru facilities X
Bakeries X
Barbershops or beauty parlors X
Biological habitat preserve (subject to Section 21.42.140(B)(30); defined:
Section 21.04.048)
2
Book or stationery stores X
Child day care centers, subject to the provisions of Chapter 21.83 of this title X
Churches, synagogues, temples, convents, monasteries, and other places of worship 2
Clubs—nonprofit, business, civic, professional, etc. (defined: Section 21.04.090) 1
Columbariums, crematories, and mausoleums (not within a cemetery) 2
Delicatessen (defined: Section 21.04.106) X
Doctors, dentists, optometrists, chiropractors and others practicing the healing arts
for human beings, and related uses such as oculists, pharmacies (prescription only),
biochemical laboratories and x-ray laboratories
X
Dressmaking or millinery shops X
Drive-thru facility (not restaurants) 1
Drugstores X
Dry goods or notion stores X
Educational facilities, other (defined: Section 21.04.137) X
Educational institutions or schools, public/private (defined: Section 21.04.140) 2
Engineers, architects and planners X
Fairgrounds 3
Farmworker housing complex, small (subject to Section 21.10.125; defined:
Section 21.04.148.4)
1
Florist shops X
Fortunetellers, as defined in Section 5.50.010 X
Gas stations (subject to Section 21.42.140(B)(65)) 2
Greenhouses > 2,000 square feet (subject to Section 21.42.140(B)(70)) 1
Grocery or fruit stores X
Hardware stores X
Hospitals (defined: Section 21.04.170) 2
Hospitals (mental) (defined: Section 21.04.175) 2
Hotels and motels (subject to Section 21.42.140(B)(80)) 3
Use P CUP Acc
Institutions of a philanthropic or eleemosynary nature, except correctional or
mental
X
Jewelry stores X
Laundries or clothes cleaning agencies X
Laundromats X
Liquor store (subject to Section 21.42.140(B)(85); defined: Section 21.04.203) 2
Meat markets X
Mobile buildings (subject to Section 21.42.140(B)(90); defined: Section 21.04.265) 1
Outdoor dining (incidental) (subject to Section 21.26.013; defined:
Section 21.04.290.1)
X
Packing/sorting sheds > 600 square feet (subject to Section 21.42.140(B)(70)) 1
Paint stores X
Parking facilities (primary use) (i.e., day use, short-term, nonstorage) 1
Pawnshops (subject to Section 21.42.140(B)(105)) 3
Personal services (defined: section 21.04.290.1) X
Pet supply shops X
Pool halls, billiards parlors (subject to Section 21.42.140(B)(110); defined:
Section 21.04.292)
2
Private clubs, fraternities, sororities and lodges, excepting those the chief activity of
which is a service customarily carried on as a business
X
Public meeting halls, exhibit halls, and museums 2
Public/quasi-public buildings and facilities and accessory utility buildings/facilities
(defined: Section 21.04.297)
2
Racetracks 3
Radio/television/microwave/broadcast station/tower 2
Realtors X
Recreation facilities 1
Recycling collection facilities, large (subject to Chapter 21.105 of this title; defined:
Section 21.105.015)
2
Recycling collection facilities, small (subject to Chapter 21.105 of this title; defined:
Section 21.105.015)
1
Religious reading room (separate from church) 1
Residential uses (subject to Section 21.26.015 of this title) X
Restaurants (bona fide public eating establishment) (defined: Section 21.04.056) X
Restaurants (excluding drive-thru restaurants), tea rooms or cafes (excluding
dancing or entertainment and on-sale liquor)
X
Satellite television antennae (subject to Section 21.53.130—21.53.150; defined:
Section 21.04.302)
X
Shoe, clothing or wearing apparel stores or repair shops X
Signs (subject to Chapter 21.41) X
Stadiums 3
Tailors, clothing or wearing apparel shops X
Tattoo parlors (subject to Section 21.42.140(B)(140)) 3
Theaters (motion picture or live) — Indoor 2
Use P CUP Acc
Theaters, stages, amphitheaters — Outdoor 3
Thrift shops (subject to Section 21.42.140(B)(150)) 1
Transit passenger terminals (bus and train) 2
Veterinary clinic/animal hospital (small animals) (defined: Section 21.04.378) 1
Welfare and charitable service (private or semi-private) with no permanent
residential uses (i.e., Goodwill, Red Cross, Traveler’s Aid)
1
Windmills (exceeding height limit of zone) (subject to Section 21.42.140(B)(160)) 2
Wireless communication facilities (subject to Section 21.42.140(B)(165); defined:
Section 21.04.379)
1 / 2
Youth organizations (e.g., Boy Scouts, Girl Scouts, Boys and Girls Clubs, YMCA,
YWCA, except lodgings)
1
Note:
1. Any use meeting the definition of an entertainment establishment, as defined in Section 8.09.020 of the
Carlsbad Municipal Code (CMC), shall be subject to the requirements of CMC Chapter 8.09.
4. Table A of Section 21.28.010 is proposed to be amended by the addition of the
following use listing:
21.28.010 Permitted uses.
Table A
Permitted Uses
Use P CUP Acc
Personal services (defined: section 21.04.290.1) X
Table A of Section 21.29.030 is proposed to be amended by the addition and deletion of the following use
listings:
21.29.030 Permitted uses.
Table A
Permitted Uses
Use P CUP Acc
Personal services (defined: section 21.04.290.1) X
I =I ====-----------1...-=---L,..____J______J
Services (personal), limited to drycleaners, laundromats, and personal grooming
(e.g., barbershops, beauty salons, day spas)
X
5. Table A of Section 21.31.020 is proposed to be amended by the addition and
deletion of the following use listings:
21.31.030 Permitted uses.
Table A
Uses Permitted in the C-L Zone
Use P CUP Acc
Personal services (defined: section 21.04.290.1) X
Services, provided directly to consumers, and focusing on the needs of the local
neighborhood, including, but not limited to, personal grooming, dry cleaning, and
tailoring services
X
Amendment: 7
Subject Area: Conditional use permits
Proposal: Amend expiration requirements for conditional use permits.
CHAPTER 21.42 MINOR CONDITIONAL USE PERMITS AND CONDITIONAL USE PERMITS
Section 21.42.110 Expiration, extensions and amendments.
A. Expiration of Permit if Not Exercised. The expiration period for an approved minor
conditional use permit or conditional use permit shall be as specified in Section 21.58.030 of this
title.
B. Extension of Permit if Not Exercised. The expiration period for an approved minor
conditional use permit or conditional use permit may be extended pursuant to
Section 21.58.040 of this title.
C. Expiration of Permit. Such rights and privileges granted under a minor conditional use
permit or conditional use permit shall also expire at such time as the city planner/planning
commission/city council may designate in the approval of the minor conditional use permit or
conditional use permit.
D. All existing conditional use permits approved prior to February 21, 2006, which include
an expiration date and a requirement to extend the permit, may be hereby approved
administratively by the city planner in perpetuity without the requirement to extend the
conditional use permit shall automatically renew at the end of each term for a further five years
unless written notice of termination is given to the permittee no less than 30 days prior to the
expiration of the permit.
E. An approved minor conditional use permit or conditional use permit may be amended
pursuant to the provisions of Section 21.54.125 of this title.
Amendment: 8
Subject Area: Pool setbacks
Proposal: Delete pool setbacks from the zoning code and defer to the building code.
Table F of Section 21.45.090 is proposed to be amended 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)
Pool, spa 20 feet 5 feet - pool
2 feet - spa
Non-habitable detached accessory buildings/structures
(e.g., garages, workshops, decks over 30 inches in
height)(1),(2),(3)
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
Amendment: 9
Subject Area: HMP & constrained lands
Proposal: Amend CMC Section 21.53.230 as shown in HMP Appendix D-4 (see Attachment A) and
to be consistent with GP Land Use Element Table 2-5 on pg. 2-20.
Subsection 21.53.230(b) is proposed to be amended as follows:
21.53.230 Residential density calculations, residential development restrictions on open space and
environmentally sensitive lands.
(b) Undevelopable Lands.
(1). The following lands are considered to be undevelopable and shall be excluded from
density calculation:
(1A) Beaches;
(2B) Permanent bodies of water;
(3C) Floodways;
(4D) Natural slopes with an inclination of greater than 40% except as permitted pursuant to
Section 21.95.140.B of this code;
(5E) Significant wetlands;
(6F) Significant riparian or woodland habitats;
(7G) Land subject to major power transmission easements;
(8H) Railroad track bedsLand upon which other significant environmental features as
determined by the environmental review process for a project are located;
(9) Railroad track beds.
(2). The following lands are undevelopable but may be included in density calculation, unless such
lands meet any of the criteria listed Section 21.53.230(b)(1)
(A) Land upon which other significant environmental features as determined by the
environmental review process for a project are located;
(B) Habitat preserve areas as identified in the Carlsbad Habitat Management Plan.
Amendment: 10
Subject Area: Housing Element Implementation - Program 1.3(g)
Proposal: Implement Housing Element Program 1.3(g) by amending the zoning ordinance to
address employee housing and residential care facility parking.
1. Chapter 21.04 is proposed to be amended by the addition of the following new definition:
21.04.140.6 Employee housing, small.
Pursuant to Cal. Health and Safety Code § 17008, employee housing, small means any portion of any
housing accommodation, or property upon which a housing accommodation is located, maintained in
connection with any work or place where work is being performed, whether or not rent is involved,
where such housing provides accommodations for six or fewer persons.
2. Section 21.04.145 is proposed to be amended as follows:
21.04.145 Family.
“Family” means one or more persons living together in a dwelling unit, with common access to, and
common use of all living, kitchen, and eating areas within the dwelling unit. Residents and operators of a
residential care facility or employee housing serving six or fewer persons shall be considered a family for
purposes of any zoning regulation relating to residential use of such facilities.
3. The permitted use tables in each of the following sections are proposed to be amended by the
addition of the new use listing as shown below:
21.08.020 Permitted uses, Table A.
21.09.020 Permitted uses, Table A.
21.10.020 Permitted uses, Table A.
21.12.020 Permitted uses, Table A.
21.16.020 Permitted uses, Table A.
21.18.020 Permitted uses, Table B.
21.20.010 Permitted uses, Table A.
21.22.020 Permitted uses, Table A.
21.24.020 Permitted uses, Table A.
21.37.020 Permitted uses, Table A.
Use P CUP Acc
Employee housing (serving six or fewer persons) X
4. Within Table A of Section 21.44.020, the parking standard for the Residential Care Facility use is
proposed to be amended as follows:
Table A
Number of Off-Street Parking Spaces Required
Use Number of Off-Street Parking Spaces
Residential Uses Residential Care Facilities 2 spaces, plus 1 space/three bedsTwo spaces per unit, provided as either: • A two-car garage (minimum interior 20 feet × 20 feet); or
• Two separate one-car garages (minimum interior 12 feet × 20 feet
each);
I =I ====-----------1...--=---L....---_-----l
Amendment: 11
Subject Area: Senate Bill 234
Proposal: Implement Senate Bill 234 by amending the zoning ordinance so it is consistent with
state law with regard to child day care homes.
1. Section 5.04.080 is proposed to be amended as follows:
5.04.080 Exemptions.
Nothing in this title shall be deemed or construed to apply to any person conducting any of the following
businesses:
A. Any business exempt by virtue of the United States Constitution or statutes of the United States or
of the State of California from the payment of such taxes as are prescribed in this title;
B. Any business conducted under a written franchise from the city;
C. Any business which is conducted, managed or carried on only for charitable, fraternal or
educational purposes, or from which profit is not derived, either directly or indirectly, by any person.
D. Small or large family day care homes (defined: Sections 21.04.147 and 21.04.128), pursuant to
California Health & Safety Code Section 1597.46.
2. Section 21.04.147 is proposed to be amended as follows:
21.04.147 Family day care home, large.
“Large family day care home” means a detached, single-family dwelling which provides family day care
for seven to fourteen children, inclusive, including children under the age of ten years who reside at the
home as defined by Section 1596.78 of the California Health and Safety Code and permitted by the
licensing agency.
3. Section 21.04.148 is proposed to be amended as follows:
21.04.148 Family day care home, small.
“Small family day care home” means a detached, single-family dwelling which provides family day care
for eight or fewer children, including children under the age of ten years who reside at the home as
defined in Section 1596.78 of the California Health and Safety Code and permitted by the licensing
agency.
4. Subsection 21.83.020.F is proposed to be amended as follows:
21.83.020 Definitions.
F. “Family day care home” means a single-family dwelling which regularly provides nonmedical care,
protection, and supervision of fourteen or fewer children, in the provider’s own home, for periods of
less than twenty-four hours per day, while the parents or guardians are away. The actual number of
children permitted in a family day care home is based on age composition as determined by the
permitting agency. Family day care homes include either of the following:
1. “Large family day care home,” means a detached, single-family dwelling which provides family
day care for seven to fourteen children, inclusive, including children under the age of ten years
who reside at the home as defined in Section 1596.78 of the California Health and Safety Code and
as permitted by the licensing agency;
2. “Small family day care home,” means a detached, single-family dwelling which provides family
day care for eight or fewer children, including children under the age of ten years who reside at the
home as defined in Section 1596.78 of the California Health and Safety Code and as permitted by
the licensing agency.
5. Section 21.04.080 is proposed to be amended as follows:
21.83.040 Use chart.
The following use chart indicates the zones where small and large family day care homes and child day
care centers are permitted, subject to the requirements of this chapter.
“P” indicates that the use is permitted in the zone.
“LDCP” indicates that the use is permitted subject to approval of a large family day care permit,
processed in accordance with Section 21.83.050 of this chapter.
“MCUP” indicates that the use is permitted subject to approval of a minor conditional use permit
(process one) processed in accordance with Chapter 21.42 of this title.
“CUP” indicates that the use is permitted subject to approval of a conditional use permit (process
two) processed in accordance with Chapter 21.42 of this title.
“X” indicates that the use is prohibited in the zone.
Zoning
Small Family Day Care
Home (8 or fewer
children)
Large Family Day Care
Home (14 or fewer
children) Child Day Care Center
R-A, R-E, E-A P LDCP (1)P X
R-1 P LDCP (1)P X
R-2 P LDCP (1)P X
R-3, RD-M, R-P P LDCP (1)P MCUP(2)(1)(3)(2)
R-T, R-W, RMHP P LDCP (1)P X
O X X MCUP(2)(1)(3)(2)
H-O X X P(2)(1)
C-F X X MCUP(2)(1)(3)(2)
C-1, C-2, C-L X X P(2)(1)
P-M, C-M X X CUP(5)(4)
M, P-U, O-S, L-C, T-C, C-T X X X
V-B, P-C (4)(3) LDCP (1)(4)(3) (2)(1)(3)(2)(4)(3)
Notes:
(1) Permitted only when the large family day care home is located on a lot occupied by a detached, single-family
dwelling, subject to the provisions of Section 21.83.050 of this chapter.
(2)(1) Permitted subject to the provisions of Section 21.83.080 of this chapter.
(3)(2) Child day care centers are allowed as a permitted use (no conditional use permit or minor conditional use
permit required) within existing buildings on developed church or school sites, subject to the provisions of Section 21.83.080 of this chapter.
(4)(3) Permitted subject to the standards of the controlling document (Village and Barrio master plan or
designated master plan).
(5)(4) Permitted subject to the provisions of Sections 21.83.060 and 21.83.080 of this chapter.
6. Section 21.83.050 is proposed to be amended as follows:
21.83.050 Requirements for large family day care homes.
A. The applicant shall obtain all licenses and permits required by state law for operation of the facility
and shall keep all state licenses or permits valid and current.
B. Large Family Day Care Permit. No large family day care home shall operate without first obtaining a
large family day care permit issued by the city.
1. Application and Fee.
a. An application for a large family day care permit may be made by the owner of the
property affected or the authorized agent of the owner. The application shall:
i. Be made in writing on a form provided by the city planner;
ii. State fully the circumstances and conditions relied upon as grounds for the
application; and
iii. Be accompanied by adequate plans, a legal description of the property involved
and all other materials as specified by the city planner.
iv. Applicants who reside on rented or leased property shall provide proof of written
notice to the landlord or owner of the property that they intend to operate a family day
care home on the rented or leased premises in accordance with Section 1597.40 of the
California Health and Safety Code.
b. At the time of filing the application, the applicant shall pay the application fee contained
in the most recent fee schedule adopted by the city council.
2. Decision-Making Authority. The city planner shall approve the large family day care permit if
the city planner finds that the request complies with the requirements of this section.
3. Announcement of Decision and Findings of Fact. When a decision on a large family day care
permit is made pursuant to this chapter, the decision-making body shall announce its decision in
writing in accordance with the provisions of Section 21.54.120 of this title.
4. Effective Date and Appeals. The decision of the city planner made pursuant to this section
shall become effective or may be appealed in accordance with Section 21.54.140 of this title.
5. Expiration, Extensions And Amendments.
a. The expiration period for a large family day care permit shall be as specified in
Section 21.58.030 of this title.
b. A large family day care permit may be extended pursuant to Section 21.58.040 of this
title.
c. A large family day care permit may be amended pursuant to Section 21.58.124 of this
title.
CB. Development Standards.
1. The facility shall comply with all zoning standards otherwise applicable to other single-family
residences, however, the use of a detached, single-family dwelling for the purposes of this section
shall not constitute a change of occupancy for purposes of Title 18 of this code.
2. The facility shall comply with all standards relating to fire and life safety applicable to single-
family residences established by the state fire marshal contained in Title 24 of the California Code
of Regulations as amended from time to time.
3. The subject site shall not be located closer than one thousand two hundred lineal feet from
any other large family day care home on the same street.
43. An outdoor play area which satisfies the requirements of the state, community care licensing
division shall be provided in the rear yard and shall be enclosed by a natural barrier, wall, solid
fence, or other solid structure a minimum of five feet in height. The provider shall ensure that
outdoor play times do not begin until after nine a.m. and end before five p.m. The provider shall
stagger the number of children playing outdoors at any one time to reduce noise impacts on
surrounding residences.
54. All outdoor play areas shall be adequately separated from vehicular circulation and parking
areas by a strong fence such as chain link, wood or masonry.
65. Required garages shall be prohibited for use as a family day care home and shall be utilized
for parking two of the applicant’s onsite vehicles during the daily operation of the day care home
rather than parking the vehicles on the street or in the driveway.
76. The applicant shall designate the onsite driveway as the official drop-off and pick-up area for
children and shall notify parents of this requirement. Said driveway shall remain free and clear of
parked cars.
87. The applicant shall require that employees park in locations which will not inconvenience
nearby residents. To disrupt the neighborhood as little as possible, best efforts shall be made by
the applicant to require employees to park as close as possible to the family day care home.
Amendment: 12
Subject Area: Mobilehome policies
Proposal: Update the CMC Chapter 21.37 to be consistent with California Code of Regulations Title
25, Division1, Chapter 2.
Sections 21.37.090 and 21.37.100 are proposed to be amended as follows:
21.37.090 Design criteria.
A. The following design criteria shall apply to all mobile home parks to the extent permitted according
to California Health and Safety Code §18200, et seq. and §18665 et seq., respectively:
1. The overall plan shall be comprehensive, embracing land, mobile homes, buildings for
common use or park service and maintenance, landscaping and their interrelationships, and shall
conform to adopted plans for all governmental agencies for the area in which the proposed
development is located;
2. The plan shall provide for adequate circulation, off-street parking, open recreational areas and
other pertinent amenities. Mobile homes, buildingsBuildings, structures and facilities for common
use in the park or for service and maintenance of the park shall be well integrated, oriented and
related to the topographic and natural landscape features of the site;
3. The proposed development shall be compatible with existing and planned land use and with
circulation patterns on adjoining properties. It shall not constitute a disruptive element to the
neighborhood or community; and
4. Common areas and recreational facilities shall be located so as to be readily accessible to the
occupants of the dwelling units and shall be well related to any common open spaces provided.
21.37.100 Development standards.
A. A mobile home park shall comply with the following development standards and any applicable
standards under state law:
1. A mobile home park shall be not less than five acres for a condominium or planned unit
development park and fifteen acres for a rental park;
2. Fifteen percent of the mobile home sites may be three thousand square feet in area to
accommodate a twenty foot wide mobile home. The remaining sites shall have a minimum of three
thousand five hundred square feet in area;
I -
3. Each mobile home lot shall have a width of not less than fifty feet;
4. Not more than one single-family mobile home or factory-built home may be placed on a
mobile home lot. Each mobile home or factory-built house shall contain one dwelling unit only. No
mobile home or factory-built house shall be less than twenty-four feet wide, except for the fifteen
percent affordable housing units which may be twenty feet wide;
5. Each mobile home site shall have a front yard of not less than five feet. The front yard so
required shall not be used for vehicle parking, except such portion thereof as is devoted to
driveway use;
6. On corner mobile home sites, the side yard adjoining the mobile home park street shall not be
less than five feet;
7. Except for corner lots, each mobile home lot shall have a side yard of not less than three feet
and a rear yard of not less than three feet;
8. The minimum separation between mobile homes or between a mobile home and a building
shall be as follows: from side to side, ten feet; from side to rear, eight feet; from rear to rear, six
feet;
9. Notwithstanding the separation requirement, a private garage may be located immediately
adjacent to a mobile home if the interior of the garage wall adjacent to the mobile home is
constructed of materials approved for one-hour fire resistive construction. If there are openings in
the mobile home wall adjacent to the garage wall, a minimum of three feet separation shall be
maintained between the mobile home and a private garage which does not meet the requirements
for one-hour fire resistive construction;
10. Private garages shall maintain a minimum side yard and rear yard of not less than three feet;
11. Carports/awnings must be constructed of noncombustible materials and may be constructed
to the lot line provided there is a minimum of three feet clearance from a mobile home or any
other structures on the adjacent lots;
12. A maximum of two storage cabinets shall be permitted on each mobile home lot. The
aggregate floor area of the cabinets shall not exceed one hundred square feet nor shall the height
of the cabinets exceed ten feet. Storage cabinets may be located on a lot line or adjacent to a
mobile home or mobile home accessory building or structure or beneath an awning or carport;
provided, that it does not obstruct the required exiting or openings for light and ventilation of a
mobile home or a cabana, or prevent service or inspection of mobile home equipment and utility
connections or encroach within a designated open space area;
13. Expansion or alteration of buildings which are nonconforming by reason of inadequate yards
shall comply with Section 21.48.090. Miscellaneous accessory structures such as lath houses,
greenhouses, storage buildings (greater than one hundred square feet in floor area), etc., may be
erected on a mobile home lot, provided they are located a minimum of six feet from any mobile
home, outside any required yard and the occupied area of a lot does not exceed seventy-five
percent of the lot;
14. When used for access to a parking facility, a side yard shall be wide enough for a ten foot
wide unobstructed driveway. All such side yard driveways shall be paved with cement or asphaltic
concrete;
15. Window awnings, not including structures, may project not more than four feet into any front
yard and the following features may be erected or project into any required yard:
a. Vegetation, including trees, shrubs and other plants,
b. Necessary appurtenances for utility service,
c. Mailboxes;
16. The area of the mobile home and all mobile home accessory structures shall not cover more
than seventy-five percent of the mobile home site;
217. Parking shall be provided subject to the provisions of Chapter 21.44 of this title;
318. Mobile home park streets shall be provided in such a pattern as to provide convenient traffic
circulation within the mobile home park. Such streets shall be built to the following standards:
a. No roadway shall be less than thirty four feet in width,
b. There shall be concrete curbs on each side of the streets,
c. The mobile home park streets shall be paved according to standards established by the
city engineer,
d. Mobile home park streets shall be lighted in accordance with the standards established
by the city engineer;
19. Reserved.
420. The city council may permit decentralization of the recreational facilities in accordance with
principles of good planning;
21. Utilities.
a. All utilities shall be underground, and
b. Television reception shall be by means of cable television or one antenna or several
common antennae if the size or configuration of the mobile home park requires more than
one. Individual TV antennas on a coach shall be prohibited;
522. Common trash-bin enclosures shall be provided. They shall be of masonry construction and
compatible with the mobile home park;
623. Service buildings and facilities shall be strategically located throughout the park for
convenient access from mobile homes. No service building shall be closer than twenty feet to any
property adjacent to the mobile home park;
724. Mobile home parks shall be enclosed by solid masonry fenceswalls, six feet in height, subject
to city planner approval, along dedicated street frontages and interior property lines; and
825. All new mobile homes shall bear a valid insignia of approval issued by the State Department
of Housing and Community Development.
Amendment: 13
Subject Area: Approvals for small wireless facilities
Proposal: Establish a process for small wireless facilities that are located on public and private
property to be approved by a building permit.
1. Chapter 21.04 is amended by the addition of the following new definition:
21.04.305.5 Small wireless facilities.
Small wireless facilities (SWF), consistent with FCC regulations in 47 C.F.R. §§ 1.6002(l), are wireless
communication facilities that meet each of the following conditions:
A. The facilities—
1. are mounted on structures 50 feet or less in height including their antennas as defined in section
1.1320(d), or
2. are mounted on structures no more than 10 percent taller than other adjacent structures, or
3. do not extend existing structures on which they are located to a height of more than 50 feet or
by more than 10 percent, whichever is greater;
B. Each antenna associated with the deployment, excluding associated antenna equipment (as defined
in the definition of antenna in section 1.1320(d)), is no more than three cubic feet in volume;
C. All other wireless equipment associated with the structure, including the wireless equipment
associated with the antenna and any pre-existing associated equipment on the structure, is no more
than 28 cubic feet in volume;
D. The facilities do not require antenna structure registration under 47 CFR Part 17;
E. The facilities are not located on Tribal lands, as defined under 36 CFR 800.16(x); and
F. The facilities do not result in human exposure to radiofrequency radiation in excess of the applicable
safety standards specified in section 1.1307(b).
2. Chapter 21.53 is proposed to be amended by the addition of new Section 21.53.260 as
follows:
21.53.260 Small wireless facilities (SWF).
Small wireless facilities shall comply with city council policy statement No. 64. An application for an SWF
located on public or private property may be processed as a building permit, and an application for an
SWF located within the public right-of-way of roads may be processed as a right-of-way permit pursuant
to Title 11 of the Carlsbad Municipal Code.
Amendment: 14
Subject Area: Incorrect code references
Proposal: CMC Section 21.31.060A.1. incorrectly refers to Section 21.31.080(L) – it should refer
21.31.080(K). In sections 21.54.125.C and 21.210.070, the reference to 21.54.042 should be changed to
21.54.040.
1. Subsection 21.31.060.A.1 is proposed to be amended as follows:
21.31.060 Special requirements to be addressed in the site development plan.
A site development plan for a local shopping center shall show how each of the following, if applicable,
will be developed:
A. Employee eating and outdoor eating areas:
1. Required eating areas for employees (subject to Section 21.31.080(LK));
2. Section 21.54.125 is proposed to be amended as follows:
21.54.125 Amendments to development permits.
A. For purposes of this section, “development permit” means any permit, entitlement or approval
required pursuant to Title 21 of this code, or pursuant to any applicable master, specific, or
redevelopment plan.
B. Any approved development permit may be amended by following the same procedure required for
the approval of said development permit (except that if the city council approved the original permit,
the planning commission shall have the authority to act upon the amendment), and upon payment of
the application fee contained in the most recent fee schedule adopted by the city council.
C. If an approved development permit was issued pursuant to the provisions of
Section 21.54.04221.54.040 of this title, any amendment to said permit shall be acted on by the
decision-making authority that approved the original permit, except that if the city council approved the
original permit, the planning commission shall have the authority to act upon the amendment.
D. In granting an amendment, the decision-making authority may impose new conditions and may
revise existing conditions.
3. Subsection 21.210.070.E.1.b is proposed to be amended as follows:
21.210.070 E. 1. Minor HMP permit and HMP permit.
b. HMP Permit.
i. An application for a HMP permit may be approved, conditionally approved or
denied by the planning commission or city council, as specified in
Section 21.54.04221.54.040 of this title.
ii. The decision on a HMP permit shall be based upon the decision-making authority’s
review of the facts as set forth in the application, of the circumstances of the particular
case, and evidence presented at the public hearing.
iii. The decision-making authority shall hear the matter, and may approve or
conditionally approve the HMP permit if all of the findings of fact in subsection F of this
section are found to exist.
Amendment: 15
Subject Area: Update General Plan Land Use designation references
Proposal: Various sections of the Carlsbad Municipal Code include references to the general plan
land use designations from the previous 1994 General Plan. These references need to
be updated to reflect the 2015 General Plan .
1. Section 21.08.010 is proposed to be amended as follows:
21.08.010 Intent and purpose.
A. Implement the residential low densityR-1.5 (Residential 1.5 du/ac) (RL) and residential low-medium
densityR-4 (Residential 0-4 du/ac) (RLM) land use designations of the Carlsbad general plan; and
B. Provide regulations and standards for the development of one-family dwellings and other
permitted or conditionally permitted uses as specified in this chapter.
2. Section 21.08.070 is proposed to be amended as follows:
21.08.070 Minimum lot area.
A. The minimum required area of a lot in the R-A zone when the zone implements the RLR-
1.5 land use designations shall be not less than one-half acre (twenty-one thousand seven hundred
eighty square feet), unless a greater minimum lot area is specified on the zoning map (ex. R-A-2.5 = two
and one-half acre minimum lot area).
B. The minimum required area of a lot in the R-A zone, when the zone implements the RLMR-
4 land use designation, shall be not less than seven thousand five hundred square feet, unless otherwise
shown on the zoning map.
3. Section 21.10.010 is proposed to be amended as follows:
21.10.010 Intent and purpose.
A. The intent and purpose of the R-1 one-family residential zone is to:
1. Implement the residential low densityR-1.5 (Residential 1.5 du/ac) (RL), residential low-
medium densityR-4 (Residential 0-4 du/ac) (RLM) and residential medium densityR-8 (Residential
4-8 du/ac) (RM) land use designations of the Carlsbad general plan; and
2. Provide regulations and standards for the development of one-family dwellings and other
permitted or conditionally permitted uses as specified in this chapter.
4. Section 21.10.090 is proposed to be amended as follows:
21.10.090 Minimum lot area.
A. The minimum required area of a lot in the R-1 zone, when the zone implements the RLR-
1.5 land use designation, shall be not less than one-half acre (twenty-one thousand seven hundred
eighty square feet), unless a greater minimum lot area is specified on the zoning map (i.e., R-1-40,000 =
forty thousand square foot minimum lot area).
B. The minimum required area of a lot in the R-1 zone, when the zone implements the RLMR-
4 land use designation, shall be not less than seven thousand five hundred square feet, unless otherwise
shown on the zoning map.
C. The minimum required area of a lot in the R-1 zone, when the zone implements the RMR-
8 land use designation, shall be not less than six thousand square feet, unless otherwise shown on the
zoning map.
5. Section 21.12.010 is proposed to be amended as follows:
21.12.010 Intent and purpose.
A. The intent and purpose of the R-2 two-family residential zone is to:
1. Implement the residential medium densityR-8 (Residential 4-8 du/ac)
(RM) land use designation of the Carlsbad general plan; and
2. Provide regulations and standards for the development of residential dwellings, and other
permitted or conditionally permitted uses, as specified in this chapter.
6. Section 21.16.010 is proposed to be amended as follows:
21.16.010 Intent and purpose.
A. The intent and purpose of the R-3 multiple-family residential zone is to:
1. Implement the residential medium-high densityR-15 (Residential 8-15 du/ac) (RMH) and
residential high densityR-23 (Residential 15-23 du/ac) (RH) land use designations of the Carlsbad
general plan; and
2. Provide regulations and standards for the development of residential dwellings and other
permitted or conditionally permitted uses as specified in this chapter.
7. Section 21.18.010 is proposed to be amended as follows:
21.18.010 Intent and purpose.
A. The intent and purpose of the R-P residential-professional zone is to:
1. Implement the office and related commercial (O), residential medium-high densityR-15
(Residential 8-15 du/ac) (RMH) and residential high densityR-23 (Residential 15-23 du/ac)
(RH) land use designations of the Carlsbad general plan;
2. Provide areas for the development of certain low-intensity business and professional offices
and related uses in locations in conjunction with or adjacent to residential areas;
3. Provide transitional light traffic-generating commercial areas between established residential
areas and nearby commercial or industrial development; and
4. Provide regulations and standards for the development of office and residential uses and
other permitted or conditionally permitted uses as specified in this chapter.
8. In Section 21.18.020, the table name and footnotes for Table B are proposed to be amended as
follows:
21.18.020 Permitted uses.
Table B
Uses Permitted When the R-P Zone Implements the “RMHR-15” or “RHR-23”
General Plan Land Use Designations
Notes:
1. Private garages (defined: Section 21.04.150) shall accommodate not more than two cars per dwelling unit.
2. When associated with a two-family or multiple-family dwelling, accessory buildings shall not include
guesthouses or accessory living quarters (defined: Section 21.04.165).
3. One-family dwellings are permitted when developed as two or more detached units on one lot. Also, a single
one-family dwelling shall be permitted on any legal lot that existed as of October 28, 2004, and which
is designated and zoned for residential use. Any proposal to subdivide land or construct more than one dwelling
shall be subject to the density and intent of the underlying residential land use designation.
4. A two-family dwelling shall not be permitted within the RHR-23 land use designation.
5. Mobile homes must be certified under the National Mobilehome Construction and Safety Standards Act of
1974 (42 U.S.C. Section 5401 et seq.) on a foundation system pursuant to Section 18551 of the State Health and
Safety Code.
Section 21.22.010 is proposed to be amended as follows:
21.22.010 Intent and purpose.
A. The intent and purpose of the R-W residential waterway zone is to:
1. Implement the residential high densityR-23 (Residential 15-23 du/ac)
(RH) land use designation of the Carlsbad general plan;
2. Provide an area in which residential development centered about a navigable waterway may
be accommodated; and
3. Provide regulations and standards for the development of residential dwellings and other
permitted or conditionally permitted uses as specified in this chapter.
9. Section 21.24.010 is proposed to be amended as follows:
21.24.010 Intent and purpose.
A. The intent and purpose of the RD-M residential density-multiple zone is to:
1. Implement the residential medium densityR-8 (Residential 4-8 du/ac) (RM), residential
medium-high densityR-15 (Residential 8-15 du/ac) (RMH) and residential high densityR-23
(Residential 15-23 du/ac) (RH) land use designations of the Carlsbad general plan; and
2. Provide regulations and standards for the development of residential dwellings and other
permitted or conditionally permitted uses as specified in this chapter.
10. In Section 21.24.020, the footnotes for Table A are proposed to be amended as follows:
21.24.020 Permitted uses.
Notes:
1. When associated with a two-family or multiple-family dwelling, accessory buildings shall not include
guesthouses or accessory living quarters (defined: Section 21.04.165).
2. Within the RMR-8 land use designation, a one-family dwelling/subdivision is permitted.
3. Within the RMHR-15 and RHR-23 land use designations, one-family dwellings are permitted when developed
as two or more detached units on one lot. Also, a single one-family dwelling shall be permitted on any legal lot that
existed as of October 28, 2004, and which is designated and zoned for residential use. Any proposal to subdivide
land or construct more than one dwelling shall be subject to the density and intent of the underlying residential
land use designation.
4. A conditional use permit is not required for a golf course if it is approved as part of a master plan for a planned
community development.
5. Mobile homes must be certified under the National Mobilehome Construction and Safety Standards Act of
1974 (42 U.S.C. Section 5401 et seq.) on a foundation system pursuant to Section 18551 of the State Health and
Safety Code.
6. Any use meeting the definition of an entertainment establishment, as defined in Section 8.09.020 of the
Carlsbad Municipal Code (CMC), shall be subject to the requirements of CMC Chapter 8.09.
11. Section 21.24.100 is proposed to be amended as follows:
21.24.100 Lot area.
A. The minimum required area of a lot in the RD-M zone, when the zone implements the RMR-
8 land use designation, shall be as follows:
1. For one-family dwellings: a lot area not less than six thousand square feet; and
2. For two-family and multiple dwellings: a lot area not less than ten thousand square feet,
except that the joining of two smaller lots shall be permitted although their total area does not
equal the required lot area.
B. The minimum lot area of a lot in the RD-M zone, when the zone implements the RMHR-15 or RHR-
23 land use designations, shall not be less than ten thousand square feet, except that the joining of two
smaller lots shall be permitted although their total area does not equal the required lot area.
12. Section 21.29.010 is proposed to be amended as follows:
21.29.010 Intent and purpose.
A. The intent and purpose of the C-T commercial tourist zone is to:
1. Implement the Visitor Commercialtravel/recreation commercial
(TRVC) land use designation of the Carlsbad general plan;
2. Provide for the development of tourist-oriented attractions and commercial uses that serve
the travel and recreational needs of tourists, residents, as well as employees of business and
industrial centers; and
3. Provide regulations and development standards to ensure such uses are compatible with
and designed to protect surrounding properties, ensure safe traffic circulation, and promote
economically viable tourist-oriented areas of the city.
13. Section 21.43.020 is proposed to be amended as follows:
21.43.020 Definitions.
A. The definitions found in Section 8.60.020 of the Municipal Code are incorporated herein by
reference.
I -
B. In addition to any other definitions contained in the Municipal Code, the following words and
phrases shall, for the purpose of this chapter, be defined as follows, unless it is clearly apparent from the
context that another meaning is intended. Should any of the definitions be in conflict with any current
provisions of the Municipal Code, these definitions shall prevail.
1. “Child day care center” means any child day care facility as defined in Carlsbad Municipal Code
Section 21.04.086 and Section 1596.750 of the California Health and Safety Code other than family
day care homes.
2. “Park” means any public or private parks, whether for passive or active recreational uses or
both. Active recreational uses may include, but are not limited to, skate parks, tot lot and play lot
areas, structures and special use facilities such as swimming pools, basketball courts, tennis courts,
handball and racquetball courts, horseshoes, and picnic facilities.
3. “Religious institution/place of worship” means any portion of a building or structure that
is used primarily for religious worship and religious activities.
4. “Residential land use designation” means any property within the city that carries a residential
general plan land use designation permitting the location of a dwelling or dwellings, including RLR-
1.5 (Residential Low Density1.5 du/ac), RLMR-4 (Residential Low Medium Density0-4 du/ac), RMR-
8 (Residential Medium Density4-8 du/ac), RMHR-15 (Residential Medium High Density8-15 du/ac)
and RHR-23 (Residential High Density15-23 du/ac).
5. “Residential zone” means any property within the city that carries a
zoning designation permitting the location of a dwelling or dwellings, including R-A (Residential
Agricultural), R-E (Rural Residential Estate), R-1 (One-Family Residential), R-2 (Two-Family
Residential), R-3 (Multiple-Family Residential), RMHP (Residential Mobile Home Park), RD-M
(Residential Density-Multiple), R-P (Residential Professional), R-T (Residential Tourist), and R-W
(Residential Waterway).
6. “School” means any institution of learning for minors, whether public or private, offering
instruction in those courses of study required by the California Education Code and/or which is
maintained pursuant to standards set by the Board of Education of the State of California. This
definition includes a nursery school, kindergarten, elementary school, middle or junior high school,
senior high school, or any special institution of education under the jurisdiction of the California
Department of Education. For the purposes of this section, “school” does not include a vocational
or professional institution of higher education, including a community or junior college, college, or
university.
14. In Section 21.45.040, the footnotes for Table A are proposed to be amended as follows:
21.45.040 Permitted zones and uses.
Notes:
(1) Permitted when the project site is contiguous to a higher intensity land use designation or zone, or an existing
project of comparable or higher density.
(2) Permitted when the proposed project site is contiguous to a lot or lots zone R-3, R-T, R-P, C-1, C-2, C-M or M,
but in no case shall the project site consist of more than one lot nor be more than 90 feet in width, whichever is
less.
(3) Permitted when developed as two or more detached units on one lot.
(4) Permitted when the project site contains sensitive biological resources as identified in the Carlsbad Habitat
Management Plan. In the case of a condominium project, attached or detached units may be permitted when the
site contains sensitive biological resources.
(5) Permitted when the R-P zone implements the RMHR-15 land use designation.
(6) Permitted when the R-P zone implements the RMHR-15 or RHR-23 land use designations.
(7) Permitted uses shall be consistent with the master plan.
(8) Refer to the Village and Barrio master plan for permitted uses.
(9) Refer to Table F for permitted accessory uses.
----------
15. Ref. No. C.9 and C.12 of Table C of Section 21.45.060 are proposed to be amended as follows:
21.45.060 General development standards.
Table C
General Development Standards
REF.
NO. SUBJECT DEVELOPMENT STANDARD
C.9 Community
Recreational Space(1)
Community recreational space shall be provided for all projects of 11 or more dwelling units, as
follows:
Minimum community
recreational space required
Project is NOT within RHR-
23 general plan designation 200 square feet per unit
Project IS within RHR-
23 general plan designation 150 square feet per unit
Projects with 11 to 25 dwelling
units Community recreational space shall be provided as either (or
both) passive or active recreation facilities.
Projects with 26 or more
dwelling units
Community recreational space shall be provided as both passive
and active recreational facilities with a minimum of 75% of the
area allocated for active facilities.
Projects with 50 or more
dwelling units
Community recreational space shall be provided as both passive
and active recreational facilities for a variety of age groups (a
minimum of 75% of the area allocated for active facilities).
For projects consisting of one-family dwellings or twin homes on
small-lots, at least 25% of the community recreation space must
be provided as pocket parks.
• Pocket park lots must have a minimum width of 50 feet and
be located at strategic locations such as street intersections
(especially “T-intersections”) and where open space vistas may be
achieved.
All projects (with 11 or more
dwelling units)
Community recreational space shall be located and designed so
as to be functional, usable, and easily accessible from the units it
is intended to serve.
Credit for indoor recreation facilities shall not exceed 25% of the
required community recreation area.
Required community recreation areas shall not be located in any
required front yard and may not include any streets, drive-aisles,
driveways, parking areas, storage areas, slopes of 5% or greater,
or walkways (except those walkways that are clearly integral to
the design of the recreation area).
Recreation Area Parking
In addition to required resident and visitor parking, recreation
area parking shall be provided, as follows: 1 space for each 15
residential units, or fraction thereof, for units located more than
1,000 feet from a community recreation area.
REF.
NO. SUBJECT DEVELOPMENT STANDARD
The location of recreation area parking shall be subject to the
same location requirements as for visitor parking, except that
required recreation area parking shall not be located within a
driveway(s).
Examples of recreation facilities include, but are not limited to, the following:
Active
Swimming pool area
Children’s playground equipment
Spa
Courts (tennis, racquetball, volleyball, basketball)
Recreation rooms or buildings
Horseshoe pits
Pitch and putt
Grassy play areas with a slope of less than 5% (minimum area of
5,000 square feet and a minimum dimension of 50 feet)
Any other facility deemed by the city planner to satisfy the intent
of providing active recreational facilities.
Passive
Benches
Barbecues
Community gardens
Grassy play areas with a slope of less than 5%.
C.12 Recreational Vehicle
(RV) Storage(1)
Required for projects with 100 or more units, or a master or specific plan with 100 or more
planned development units. Exception: RV storage is not required for projects located within the
RMHR-15 or RHR-23 land use designations.
20 square feet per unit, not to include area required for driveways and approaches.
Developments located within master plans or residential specific plans may have this requirement
met by the common RV storage area provided by the master plan or residential specific plan.
RV storage areas shall be designed to accommodate recreational vehicles of various sizes (i.e.
motorhomes, campers, boats, personal watercraft, etc.).
The storage of recreational vehicles shall be prohibited in the front yard setback and on any public
or private streets or any other area visible to the public. A provision containing this restriction
shall be included in the covenants, conditions and restrictions for the project. All RV storage areas
shall be screened from adjacent residences and public rights-of-way by a view-obscuring wall and
landscaping.
----------
-- -
16. Ref. No. D.3 and D.8 of Table D of Section 21.45.070 are proposed to be amended as follows:
21.45.070 Development standards for one-family dwellings and twin-homes on small lots.
Table D
One-Family Dwellings and Twin-Homes on Small Lots
REF.
NO. SUBJECT DEVELOPMENT STANDARD
D.3 Minimum Lot
Area
One-family dwellings 5,000 square feet (one dwelling per lot)
Twin-homes 3,750 square feet (one dwelling per lot)
Exception
3,500 square feet (one-family or twin-home - one dwelling per lot)
when either:
1. The project site contains sensitive biological resources as identified
in the Carlsbad habitat management plan; or
2. The site has a general plan designation of RMHR-15 and unique
circumstances such as one of the following exists:
a. The project is for lower income or senior citizen housing;
b. The site is located west of Interstate 5;
c. The dwelling units are designed with alley-loaded garages; or
d. The site is either located contiguous to a Circulation Element
roadway or within 1,200 feet of a commuter rail/transit center,
commercial center or employment center.
D.8 Minimum
Setback from a
Drive-Aisle(4)
Residential structure 5 feet, fully landscaped (walkways providing access to dwelling
entryways may be located within required landscaped area)
Garage
3 feet
Garages facing directly onto a drive-aisle shall be equipped with an
automatic garage door opener.
Projects of 25 units or less
within the RMHR-15 and
RHR-23 general plan
designations
0 feet (residential structure and garage)
Garages facing directly onto a drive-aisle shall be equipped with an
automatic garage door opener.
17. Ref. No. E.4, E.5, E.7 and E.8 of Table E in Section 21.45.0180 is proposed to be amended as
follows:
21.45.080 Development standards for condominium projects.
Table E
Condominium Projects
REF.
NO. SUBJECT DEVELOPMENT STANDARD
E.4 Maximum
Building
Height
Same as required by the underlying zone, and not to exceed three stories(1), (7)
Projects within
the RHR-23
general plan
designation(1), (7)
40 feet, if roof pitch is 3:12 or greater
35 feet, if roof pitch is less than 3:12
Building height shall not exceed three stories
E.5 Minimum
Building
Setbacks
From a private
or public street(2),
(3)
Residential structure 10 feet
Direct entry garage 20 feet
From a drive-
aisle(4)
Residential structure (except as
specified below) 5 feet, fully landscaped (walkways providing
access to dwelling entryways may be located
within required landscaped area)
Residential structure directly
above a garage 0 feet when projecting over the front of a
garage.
Garage
3 feet
Garages facing directly onto a drive-aisle shall be
equipped with an automatic garage door
opener.
Projects of 25 units or less within
the RMHR-15 and RHR-23 general
plan designations
0 feet (residential structure and garage)
Garages facing directly onto a drive-aisle shall be
equipped with an automatic garage door
opener.
Balconies/decks (unenclosed and
uncovered)
0 feet
May cantilever over a drive-aisle, provided the
balcony/deck does not impede access and
complies with all other applicable requirements,
such as:
• Setbacks from property lines
• Building separation
• Fire and Engineering Department
requirements
From the
perimeter
property lines of
the project site
(not adjacent to
The building setback from an interior side or rear perimeter property line shall be the
same as required by the underlying zone for an interior side or rear yard setback.
REF.
NO. SUBJECT DEVELOPMENT STANDARD
a public/private
street)
E.7 Resident
Parking(6)
All dwelling
types
If a project is located within the RHR-23 general plan designation, resident parking
shall be provided as specified below, and may also be provided as follows:
• 25% of the units in the project may include a tandem two-car garage (minimum
12 feet × 40 feet).
• Calculations for this provision resulting in a fractional unit may be rounded up to
the next whole number.
One-family and
two-family
dwellings
2 spaces per unit, provided as either:
• a two-car garage (minimum 20 feet × 20 feet), or
• 2 separate one-car garages (minimum 12 feet × 20 feet each)
• In the R-W Zone, the 2 required parking spaces may be provided as 1 covered
space and 1 uncovered space(5)
Multiple-family
dwellings
Studio and one-bedroom units
1.5 spaces per unit, 1 of which must be covered(5)
When calculating the required number of
parking spaces, if the calculation results in a
fractional parking space, the required number of
parking spaces shall always be rounded up to the
nearest whole number.
Units with two or more bedrooms
2 spaces per unit, provided as either:
• a one-car garage (12 feet × 20 feet) and 1
covered or uncovered space; or(5)
• a two-car garage (minimum 20 feet × 20
feet), or
• 2 separate one-car garages (minimum 12
feet × 20 feet each)
• In the R-W Zone and the Beach Area Overlay
Zone, the 2 required parking spaces may be
provided as 1 covered space and 1 uncovered
space(5)
Required parking may be provided within an enclosed parking garage with multiple,
open parking spaces, subject to the following:
• Each parking space shall maintain a standard stall size of 8.5 feet by 20 feet,
exclusive of supporting columns; and
• A backup distance of 24 feet shall be maintained in addition to a minimum 5 feet
turning bump-out located at the end of any stall series.
Required resident parking spaces shall be located no more than 150 feet as
measured in a logical walking path from the entrance of the units it could be
considered to serve.
E.8 Private
Recreational
Space
One-family, two-
family, and
multiple-family
dwellings
Required private recreational space shall be designed so as to be functional, usable,
and easily accessible from the dwelling it is intended to serve.
Required private recreational space shall be located adjacent to the unit the area is
intended to serve.
Required private recreational space shall not be located within any required front
yard setback area, and may not include any driveways, parking areas, storage areas,
or common walkways.
Minimum total area per unit Projects not within
the RMHR-15 or RHR-23 400 square feet
--
--_I -
REF.
NO. SUBJECT DEVELOPMENT STANDARD
One-family and
two-family
dwellings
general plan
designations
Projects within
the RMHR-15 or RHR-23
general plan
designations
200 square feet
May consist of more than one recreational space.
May be provided at ground level and/or as a deck/balcony or roof deck.
If provided at ground level
Minimum dimension
Not within
the RMHR-
15 or RHR-
23 general
plan
designations
15 feet
Within
the RMHR-
15 or RHR-
23 general
plan
designations
10 feet
Shall not have a slope gradient greater than 5%.
Attached solid patio covers and decks/balconies
may project into a required private recreational
space, subject to the following:
• The depth of the projection shall not exceed
6 feet (measured from the wall of the dwelling
that is contiguous to the patio/deck/balcony).
• The length of the projection shall not be
limited, except as required by any setback or lot
coverage standards.
Open or lattice-top patio covers may be located
within the required private recreation space
(provided the patio cover complies with all
applicable standards, including the required
setbacks).
If provided above ground level as a
deck/balcony or roof deck Minimum dimension 6 feet
Minimum area 60 square feet
Multiple-family
dwellings
Minimum total area per unit
(patio, porch, or balcony) 60 square feet
Minimum dimension of patio,
porch or balcony 6 feet
Projects of 11 or more units that are within the RHR-23 general plan designation may
opt to provide an additional 75 square feet of community recreation space per unit
(subject to the standards specified in Table C of this chapter), in lieu of providing the
per unit private recreational space specified above.
18. Section 21.90.045 is proposed to be amended as follows:
-- -
21.90.045 Growth management residential control point established.
In order to ensure that residential development does not exceed those limits established in the general
plan, the following growth management control points are established for the residential density ranges
of the land use element.
Allowed Dwelling Units Per Acre
General Plan Density Ranges Growth Management Control Point
RLR-1.5 0—1.5 1.0
RLMR-4 0—4.0 3.2
RMR-8 4.0—8.0 6.0
RMHR-15 8.0—15.0 11.5
RHR-23 15.0—23.0 19.0
R-30 23.0—30.0 25.0
No residential development permit shall be approved which density exceeds the growth management
control point for the applicable density range unless the following findings are made:
1. The project will provide sufficient additional public facilities for the density in excess of the control
point to ensure that the adequacy of the city’s public facilities plans will not be adversely impacted; and
2. There have been sufficient developments approved in the quadrant at densities below the control
point to cover the units in the project above the control point so that approval will not result in
exceeding the quadrant limit; and
3. All necessary public facilities required by this chapter will be constructed or are guaranteed to be
constructed concurrently with the need for them created by this development and in compliance with
the adopted city standards.
For the purposes of this section the term “quadrant” means those quadrants established by the
intersections of El Camino Real and Palomar Airport Road as set forth in the map amending the General
Plan and as required by Proposition E adopted November 4, 1986.
Exhibit 3
Analysis Table of Proposed Amendments
Proposed Amendment Discussion/Analysis
1. Grading Permit Exemption
Add certain activities to the list of activities
exempt from a grading permit.
Modify grading ordinance to exempt swimming
pools, excavation for permitted basements,
foundations and footings, as well as retaining walls
up to 6 feet in height (as long as less than 200 cubic
yards of dirt). Amendments clarify requirements and
bring the city requirements into best practices
consistent with other local ordinances.
2. Nonconforming due to over-density
Delete the statement in the code that
developments which are over Growth
Management Control Point but within the
General Plan density range are considered
"nonconforming".
The code is incorrect. The proper determination
that a residential property is nonconforming by
reason of density is when a development is over the
residential density ranges established by the General
Plan Table 2-3.
3. Roof heights and third story for lots zoned R-1-20,000
Specific to lots zoned R-1-20,000 (areas zoned
R-1 that are required to have a minimum lot
size of 20,000 square feet or greater), the
proposed amendment will increase the height
limit for flat roof designs from 24 to 29 feet and
two to three stories.
In the R-1 zone, buildings are limited to heights of 30
feet and two stories if the roof pitch exceeds 3:12,
and 24 feet and two stories if the roof pitch is less
than 3:12. The existing code also provides for an
increased height limit of 35 feet and three stories if
the roof pitch exceeds 3:12 for lots zoned R-1-
20,000, however it is silent regarding roof pitches
less than 3:12 for these same lots. It is believed that
this omission is unintentional, and the code should
provide a corresponding 5 ft. and 1 story increase
for these roof designs similar to what is allowed for
homes with a steeper roof pitch. Additionally,
recent architectural trends show increased use of
modern designs with flatter roofs, which are
unnecessarily penalized in this scenario. The
existing and proposed increased height limits do not
apply to lots with basic R-1 zoning, and only apply to
lots with the “-20,000” extension on their R-1 zoning
designation.
4. Building separation standard
Replace the zoning code requirements for
building separation in residential zones with
reference to building code requirements for
building separation.
Building separation is adequately regulated by
building code, so the zoning code’s existing
requirement is unnecessary. Additionally, certain
ADUs are exempt from the zoning code building
separation requirement (although they must comply
Proposed Amendment Discussion/Analysis
with building code), further making this standard
unnecessary.
5. Street side yard setbacks for detached non-habitable structures
Clarify that a street side yard setback of five
feet applies to detached non-habitable
accessory structures.
On residential lots, detached non-habitable
accessory structures are required to comply with a
five foot setback for side and rear yards, however
the code is silent on when the side yard is a street
side yard. This amendment would codify an
interpretation and apply the same setbacks for
interior lots to lots with a side yard adjacent to a
street.
6. Massage therapy and personal services use listing
Categorize massage and massage therapy uses
as "personal services" instead of "medical" type
uses. Create a definition for “personal
services” use listing and use it to replace similar
use listings.
There has been confusion between physical therapy
and massage therapy uses. A previous
determination was made that massage therapy was
a medical use. As massage businesses and chains
kept inquiring about the zones that they could
locate in, further evaluation and discussion occurred
about how the use should classified. Since a medical
service is not being provided with massage therapy
(unlike physical therapy), the City Planner
determined that a massage business should be
classified as a personal service type use. The use is
not specifically included in the listing of medical uses
(dentists, doctors, chiropractors, etc.) in the office
zone. This amendment will clarify the code with
respect to these types of uses.
7. Conditional Use Permits
Amend expiration requirements for conditional
use permits.
Certain conditional use permits require time
extensions. The vast majority have no issues and
the process to extend requires the applicant to
submit an application and pay a fee in addition to
staff time to complete. The proposal would
eliminate the requirement to process time
extensions for CUPs while preserving the option for
the city to not extend a CUP, revoke a CUP or
amend/enforce conditions of approval. The
proposed amendment would reduce city operational
costs associated with processing CUP extensions and
tracking CUP expiration dates. Additionally, the
proposed amendment would benefit property
owners and/or business owners who are often
unaware that their CUP has an expiration and view
the process of extending their CUP’s as costly, timely
and an unnecessary burden.
8. Pool setbacks
Proposed Amendment Discussion/Analysis
Delete pool setbacks from the zoning code and
defer to the building code.
Building code adequately regulates the placement of
pools within yards and maintaining a separate
zoning code requirement is not necessary.
9. HMP & constrained lands
Amend CMC Section 21.53.230 as shown in
HMP Appendix D-4 (see Attachment A) and to
be consistent with GP Land Use Element Table
2-5 on pg. 2-20.
The Habitat Management Plan and General Plan
state that certain habitat areas are included in
density calculations but are not developable, but
this differs from 21.53.230. The Planning Director
determined (October 9, 2003) that HMP lands are
not environmentally constrained lands pursuant to
21.53.230 and are therefore not excluded from
density credit unless the habitat is located on steep
slopes. This amendment would make the zoning
code consistent with the HMP and General Plan.
10. Housing Element Implementation - Program 1.3(g)
Implement a portion of Housing Element
Program 1.3(g) by amending the zoning
ordinance to address employee housing and
residential care facility parking.
Pursuant to California Health and Safety Code
Sections 17021.5, employee housing for six or less
residents must be permitted in residential zones and
considered the same as a single family dwelling,
subject to the same use and development standard
restrictions. This amendment proposes to bring the
zoning code into compliance with this state law.
Pursuant to sections 5115 and 5116 of the California
Welfare and Institutions Code, residential care
facilities of six or fewer persons shall be considered
a residential use of property for the purposes of
zoning. A local agency cannot impose stricter zoning
standards on these homes of six or fewer persons
than are required of the other permitted residential
uses in the zone. To comply with state law, the
parking standard must be amended to match the
standard for a single family dwelling.
11. Senate Bill 234
Implement Senate Bill 234 by amending the
zoning ordinance so it is consistent with state
law with regard to child day care homes.
Senate Bill 234 Family Daycare Homes, effective Jan.
1, 2020, prohibits local agencies from requiring a
zoning permit or business license for large or small
family day care homes, and specifies that any
dwelling type may be used for family day care home.
12. Mobilehome policies
Update the CMC Chapter 21.37 to be
consistent with California Code of Regulations
Title 25, Division1, Chapter 2.
Development of mobile home parks are governed by
state law and certain local agency standards on
mobile home parks are preempted - see Planning
memo dated July 11, 2008 in Attachment B. The
Proposed Amendment Discussion/Analysis
proposed amendments would delete Carlsbad’s local
standards for mobile home parks that are
preempted and covered by state law.
13. Approvals for small wireless facilities
Establish a process for small wireless facilities
that are located on public and private property
to be approved by a building permit.
This amendment is necessary for the
implementation of amendments to City Council
Policy 64 adopted in Dec. 2021. Federal law
establishes very short time periods for approval of
small wireless facilities and it is necessary to process
them with a building permit on public and private
property. Within the right-of-way they are already
processed with a right-of-way permit, which is a
similar ministerial permit, but the code provisions
for the building permit need to be established in
order to use this process for these facilities.
14. Incorrect code references
CMC Section 21.31.060A.1. incorrectly refers to
Section 21.31.080(L) – it should refer
21.31.080(K). In sections 21.54.125.C and
21.210.070, the reference to 21.54.042 should
be changed to 21.54.040.
This amendment fixes incorrect code references.
15. Update General Plan Land Use designation references
Various sections of the Carlsbad Municipal
Code include references to the general plan
land use designations from the previous 1994
General Plan. These references need to be
updated to reflect the 2015 General Plan
This amendment is necessary in order to update
outdated references to the 1994 General Plan with
references to the 2015 General Plan. The 2015
General Plan changed titles for land use designations
to new naming convention. The changes proposed
in this amendment do not change the land use
designation from one to another, they only change
the titles of the land use designation references to
match the approved 2015 General Plan.
CarlsbadHMP
Open Space
Exce,pt from Carlsbad Municipal Code
21.53.230 Residential density calculations, residential
development restrictions on open space and
environmentally sensitive lands.
(a) For the purposes of Titles W and 21 of this code,
residential density shall be determined bas,ed on the number of
dwelling units per deve/opable acre of property.
(b) The following lands are considered to be
undevelopable and ftlGftQ( (QC /8) and UQI shall be excluded from
density calculations:
(1) Beaches;
(2) Permanent bodies of water;
(3) Floodways;
(4) Slopes with an inclination of greater than forty
percent or more;
(5) Significant wetlands;
(6) Significant riparian or woodland habitats;
(7) Land subject to major power transmission
easements;
(8) Land upon which other significant environmental
features as determined by the environmental review process for a
project are located;
(9) Railroad track beds.
(10) Habitat Preserve Lands as identified in the Carlsbad
Habitat Management Plan
( c) No residential development shall occur on any prop,erty
listed in subsection (b). Subject to the provisi ons of Chapters 21.33
and 21.110, the city council may permit limited development of such
property if, when considering the prop,erty as a whole, the
prohibition against development would constitute an
unconstitutional deprivation of property. The· planning commission
or city council, whichever the final disc,etionary body for a
residential development may permit accessory facilities, view areas,
and vehicular parking areas, to be located in floodplains (subject to
Chapter 21.31) and on land subject to major power transmission
easements .
• Note: New wording underlined, bold and in italics.
APPENDIX O • 4
DECEMBER, 1999 AS AMENDED
FINAL APPROVAL NOVEMBER. 2004
"
• "Carports/awnings must be constructed of noncombustible materials and may be
constructed to the lot line provided there is a minimum of three feet clearance from a
mobile home or any other structures on the adjacent lots;"
• "The area of the mobile home and all mobile home accessory structures shall not cover
more than seventy-five percent of the mobile home site;"
• "Mobile home park streets shall be lighted in accordance with the standards established
by the city engineer;"
• "Mobile home parks shall be enclosed by solid masonry fences, six feet in height,
subject to planning director approval, along dedicated street frontages and interior
property lines."
Contrastingly, limited areas for which local agencies may enforce regulations on mobile home
parks include the following:
• Establishment of zo nes allowing for mobile home park uses and prohibition of certain
uses within the parks;
• Fire prevention regulations, including number and spacing of required fire hydrants;
• Signage;
• Provisions for access;
• Overall density allowances for the mobile home park provided the allowable density is no
less than that permissible by the local zoning ordinance, including applicable density
bonuses;
• Requirements for provision of recreational facilities only insofar as they would be
required in other types of residential developments containing a like number of units.
• Broad regulation of mobile/manufactured home use/development when located outside
of a mobile home park;
• Requirements for perimeter fences and walls for the park (including fence/wall
setbacks), when located along a public right-of-way.
Given that MPA and SOPA preempt certain regulations established by CMC, thereby rendering
them unenforceable, the City may choose to consider any of the following remedial options:
1. To process individual permits for construction, improvement or subdivision of mobile
home parks under existing municipal code regulations while recognizing that certain
provisions are preempted by MPA and SOPA;
2. To immediately process a ZCA and LCPA to revise sections of the municipal code by
eliminating regulations preempted by MPA and SOPA; or,
3. To amend the preempted provisions with the comprehensive General Plan/Zoning Code
Update.
Regardless of which option is pursued, the entire planning staff should be made aware of the
conflicting provisions in the Zoning Code and their preemption by MPA and SOPA. Should you
have any specific questions regarding preemptions established by MPA or SOPA; or if I may
assist in pursuit any of the above-listed options, please do not hesitate to contact me directly.
KEVIN POINTER
Associate Planner
Attachment
Information Bulletin 2008-10
Page2
local action; or there is partial state coverage but the adverse effect of a local ordinanc--e on state
residents outweighs the possible benefit to the locality. ·
· The MPA contains an express preemption, with minimal express authority for local ordinances. ·In
addition, the Legislature's findings support its intent .to allow only very restrictive authority for local
government action within the boundaries of a mobilehome park. In the MPA, subdivision {a) of H&SC
section 18300 provides that "the MPA and HCD regulations apply to all parts of the state and
supersede any ord inance enacted by any ~ity, county, or city and county, whether general law or
chartered, affecting parks." Subdivision (g) and {h) of section 18300 provide the limited specific
exceptions to the general state preemption, stating that the MPA does not preclude local
governments, within the reasonable exercise of their police powers, from doing any of the following:
* Enacting certain zones for mobil~home parks within the jurisdiction, or establishing
types of uses and locations such as seriior mobilehome parks, mobilehome condominiums,
or mobilehome subdivisions within the jurisd iction. {subdivision {g)(1 )]
* Adopting ordinances, rules, regulc;1tions or resoiutions prescribing park perimeter walls
or enclosures on public street frontage~ signs, access, and vehiele parking; or prescribing the
prohibition of certain uses for mobilehome parks. {subdivision {g)(1 ), emphasis added]
* Regulating the construction and use of equipment and facilities located outside of a
manufactured home or mobilehome USE.!d to supply .gas, water, or electricity thereto or to
dispose of sewage when the facilities are located outside a.park. {subdivision (g)(2),
emphasis added]. ·
* Requiring a permit to use a manufactured home or mobilehome outside a park which
permit may be refused or revoked if th~ use violates the MPA or the Manufactured Housing
Act. [subdivision (g)(3), emphasis added.] ·
* Requiring a local building permit to construct an accessory structure for a manufactured
home or mobilehome when the manuf~tured home or mobilehome is located outside .a
. mobilehome park,. [subdivision (g)(4), emphasis added]
* Prescribing and enforcing setback and separation requirements governing
manufactured home, mobilehome, or rnobilehome accessory structure ot building installation
outside of a mobilehome park. [subdivi~ion (gXS), emphasis added]
Other provisions directly addressing pr~emptive authority include H&SC sections 18253,
18400.1, 18605, 18610, and 25 CA Co9e of Regulations (CCR), ~ection 1000. ·
Permissible Local Government Regulation and Standards
)
Local governments do have some authprity to regulate certain physical components in a
mobilehome park. Also, pursuant to subdivision (b) of H&SC section 18300, they may
assume MPA enforcement authority and become a "local enforcement agency" ("LEA"),
rather than relying on HCD inspectors. ·
As stated above, subdivision {g) of H&~C section 18300 provides express authority for local
governments, within the reasonable exercise of police _powers, to adopt zoning on::linances to ~-.. . ..