Note: Prior ordinance history: Ord. Nos. 9060, 9103, 9170,
9224, 9239, 9343, 9427, 9455, 9467, 9502, 9559, 9598, 9599, 9624,
9686, 9731, 9785, 9804, 1256, 1261, 5336, NS-180, NS-204, NS-243,
NS-283, NS-355, NS-402, NS-409, NS-663, and NS-675.
A.
The
intent and purpose of the R-1 one-family residential zone is to:
1.
Implement
the R-1.5 (Residential 0-1.5 du/ac), R-4 (Residential 0-4 du/ac) and
R-8 (Residential 4-8 du/ac) 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.
(Ord. NS-718 § 7, 2004; Ord. CS-432, 9/27/2022)
A.
In an R-1 zone, notwithstanding any other provision of this title, only the uses listed in Table A, below, shall be permitted, subject to the requirements and development standards specified by this chapter, and subject to the provisions of Chapter 21.44 of this title governing off-street parking requirements.
B.
The uses permitted by conditional use permit, as indicated in Table A, shall be subject to the provisions of Chapter 21.42 of this title.
C.
A use
similar to those listed in Table A may be permitted if the City Planner
determines such similar use falls within the intent and purposes of
this zone, and is substantially similar to the specified permitted
uses.
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Table A
Permitted Uses
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In the table, below, subject to all applicable permitting and
development requirements of the municipal code:
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"P" indicates use is permitted. (See note 4 below)
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"CUP" indicates use is permitted with approval of a conditional
use permit. (See note 4 below)
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1 = Minor Conditional Use Permit (Process One), pursuant to Chapter 21.42 of this title.
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2 = Conditional Use Permit (Process Two), pursuant to Chapter 21.42 of this title.
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3 = Conditional Use Permit (Process Three), pursuant to Chapter 21.42 of this title.
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"Acc" indicates use is permitted as an accessory use.
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Use
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P
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CUP
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Acc
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Accessory buildings/structures (ex. garages, workshops, tool sheds, patio covers, decks, etc.) (defined: Section 21.04.020)
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X
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X
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Agricultural crops
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X
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Animal keeping (household pets) (subject to Section 21.53.084)
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X
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Animal keeping (horses) (see note 1, below)
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X
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Animal keeping (wild animals) (subject to Section 21.53.085)
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X
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Aquaculture (defined: Section 21.04.036)
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2
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Biological habitat preserve (subject to Section 21.42.140(B)(30); defined: Section 21.04.048)
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2
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Campsites (overnight) (subject to Section 21.42.140(B)(40))
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2
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Cemeteries
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3
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Churches, synagogues, temples, convents, monasteries and other
places of worship
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2
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Dwelling, one-family (defined: Section 21.04.125) (see note 3, below)
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X
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Educational institutions or schools, public/private (defined: Section 21.04.140)
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2
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Employee housing (serving six or fewer persons)
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X
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X
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X
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Farmworker housing complex, small (subject to Section 21.10.125; defined: Section 21.04.148.4)
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X
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Golf courses (see note 2, below)
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3
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Greenhouses (2,000 square feet maximum)
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X
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Greenhouses > 2,000 square feet (subject to Section 21.42.140(B)(70))
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1
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Home occupation (subject to Section 21.10.040)
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X
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X
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Mobile buildings (subject to Section 21.42.140(B)(90); defined: Section 21.04.265)
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X
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2
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Packing/sorting sheds (600 square feet maximum)
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X
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Packing/sorting sheds > 600 square feet (subject to Section
21.42.140(B)(70))
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1
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Public/quasi-public buildings and facilities and accessory utility buildings/facilities (defined: Section 21.04.297)
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2
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Residential care facilities (serving six or fewer persons) (defined: Section 21.04.300)
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X
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X
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X
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Supportive housing (defined: Section 21.04.355.1)
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X
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X
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Transitional housing (defined: Section 21.04.362)
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X
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Wireless communication facilities (subject to Section 21.42.140(B)(165); defined: Section 21.04.379)
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1 / 2
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Zoos (private) (subject to Section 21.42.140(B)(170); defined: Section 21.04.400)
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2
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Notes:
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1.
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On each lot or combination of adjacent lots under one ownership,
there may be kept one horse for each ten thousand square feet in the
lot or lots; provided, however, that any such horse may be kept only
if it is fenced and stabled so that at no time it is able to graze,
stray or roam closer than seventy-five feet to any building used for
human habitation, other than buildings on the lot or lots, and as
to those buildings, no closer than fifty feet.
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2.
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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.
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3.
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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.
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4.
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(Ord. CS-384 § 10, 2020; Ord. CS-324 § 2, 2017; Ord. CS-249 § V, 2014; Ord. CS-224 §§ VII, VIII,
2013; Ord. CS-191 § VII,
2012; Ord. CS-189 §§ XI,
XII, 2012; Ord. CS-164 § 10,
2011; Ord. CS-102 §§ XVII—
XIX, 2010; Ord. NS-791 § 11,
2006; Ord. NS-746 § 6,
2005; Ord. NS-718 § 7,
2004; Ord. CS-432, 9/27/2022)
A.
Purpose.
This section provides standards for the establishment of accessory
dwelling units (ADUs) and junior accessory dwelling units (JADUs).
Pursuant to California Government Code Sections 65852.2 (effective
Jan. 1, 2022) and 65852.22 (effective Jan. 1, 2020), local governments
have the authority to adopt regulations designed to promote ADUs and
JADUs.
B.
Standards
of Review. Review of ADUs and JADUs shall be consistent with the following:
1.
ADU
or JADU applications shall be considered a ministerial action without
discretionary review or a public hearing if all requirements of this
section are met, notwithstanding any other requirements of state law
or this development code.
2.
ADUs or JADUs developed within the coastal zone are subject to the permit requirements of Chapter 21.201 and require a building permit. Development of ADUs or JADUs outside of the coastal zone requires a building permit.
3.
The
city shall act on an application to create an ADU or a JADU within
the time period specified under California Government Code Sections
65852.2 (effective Jan. 1, 2022) and 65852.22 (effective Jan. 1, 2020).
4.
If
the permit application to create an ADU or a JADU is submitted with
a permit application to create a new one-family dwelling on the lot,
the city may delay acting on the permit application for the ADU or
the JADU until the city acts on the permit application to create the
new one-family dwelling, but the application to create the ADU or
JADU shall be considered without discretionary review or public hearing.
If the applicant requests a delay, the time period specified under
California Government Code Sections 65852.2 (effective Jan. 1, 2022)
and 65852.22 (effective Jan. 1, 2020) shall be tolled for the period
of the delay.
C.
Residential
Use and Density. ADUs and JADUs, which comply with the requirements
of this section and California Government Code Sections 65852.2 (effective
Jan. 1, 2022) and 65852.22 (effective Jan. 1, 2020):
D.
Number
and Location.
1.
ADUs
shall be permitted in zones that allow one-family dwellings, two-family
dwellings, multiple-family dwellings, and mixed-use (residential uses
in combination with non-residential uses), provided there is an existing
or proposed dwelling on the lot where the ADU is proposed, as specified
in California Government Code Sections 65852.2 (effective Jan. 1,
2022) and 65852.22 (effective Jan. 1, 2020). Refer to a specific zone's
permitted uses table within this title.
2.
For
zones that allow one-family dwellings, one JADU shall be permitted
with an associated existing or proposed one-family dwelling. Refer
to a specific zone's permitted uses table within this title.
3.
The
number and location of ADUs or JADUs on a lot shall be subject to
California Government Code Sections 65852.2 (effective Jan. 1, 2022)
and 65852.22 (effective Jan. 1, 2020).
E.
Other
Requirements and Standards. ADUs and JADUs shall comply with all the
following requirements and standards:
1.
ADUs
and JADUs shall comply with the development requirements and standards
of California Government Code Sections 65852.2 (effective Jan. 1,
2022) and 65852.22 (effective Jan. 1, 2020).
2.
When
not in conflict with California Government Code Sections 65852.2 (effective
Jan. 1, 2022) and 65852.22 (effective Jan. 1, 2020) and the coastal
resource and public access protection requirements of the certified
local coastal program, ADUs and JADUs shall also comply with applicable
development requirements and standards of this code.
3.
The
maximum size of an ADU or JADU shall be limited as follows, consistent
with California Government Code Sections 65852.2 (effective Jan. 1,
2022) and 65852.22 (effective Jan. 1, 2020):
4.
A
detached ADU shall be limited to one story and 16 feet maximum height,
except that an ADU constructed above or below a detached garage shall
be permitted and shall conform to the height limits applicable to
the zone. Structures that contain an ADU located above or below a
detached garage shall be limited to a maximum of two stories including
the garage.
5.
Roof
decks shall not be permitted on detached ADUs.
6.
The
construction of an ADU or JADU that is all new construction, or is
a conversion of a portion or all of an existing structure, or expands
the square footage of an existing structure, shall be consistent with
all habitat preserve buffers, geologic stability setbacks, and visual
resource protection policies in the certified local coastal program,
habitat management plan, general plan, or geotechnical report, as
applicable.
7.
On
lots with one-family dwelling(s), the exterior roofing, trim, walls,
windows and the color palette of the ADU or JADU shall incorporate
the same features as the primary dwelling unit.
8.
On
lots with two-family or multiple-family dwellings, the exterior roofing,
trim, walls, windows and the color palette of the ADU addition shall
incorporate the same features as the existing building that the ADU
would be provided within. For detached ADUs, it shall be reflective
of the nearest building as measured from the wall of the existing
building to the nearest wall of the proposed unit.
9.
Parking.
a.
An ADU shall provide off-street parking in compliance with Chapter 21.44 (Parking), unless it qualifies for an exemption as specified in California Government Code Section 65852.2 (effective Jan. 1, 2022).
b.
No off-street parking is required for a JADU if it meets the requirements
specified in California Government Code Section 65852.22 (effective
Jan. 1, 2020).
c.
When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or converted to an ADU, the loss of parking for the primary dwelling does not need to be replaced, except on lots located west of the rail corridor and on lots located east of the rail corridor and west of Interstate 5 between Avenida Encinas to the north and Batiquitos Lagoon to the south. In which case, the loss of parking for the primary dwelling shall be replaced subject to the parking requirements in Chapter 21.44 (Parking), except as follows:
i.
The replacement parking spaces may be covered, uncovered, or tandem
spaces, or provided by the use of mechanical automobile parking lifts
(within a garage); and may be located in the front, side or rear yard,
provided the parking area is an improved parking surface, such as
paving, hardscape, decomposed granite, etc.
ii.
The location of the replacement parking spaces shall be consistent
with all habitat preserve buffers, geologic stability setbacks, and
visual resource protection policies in the certified local coastal
program.
10.
ADUs intended to satisfy an inclusionary requirement shall comply with the requirements of Chapter 21.85, including, but not limited to, the applicable rental rates and income limit standards.
11.
A notice of restriction shall be recorded on the property declaring
that:
a.
An ADU or JADU shall not be used for short-term rentals of less than
30 days. This requirement does not apply to any unit that was issued
a building permit prior to January 1, 2020.
b.
The obligations and restrictions imposed on the approval of the ADU(s)
per California Government Code Section 65852.2 (effective Jan. 1,
2022) or JADU per California Government Code Section 65852.22 (effective
Jan. 1, 2020) are binding on all present and future property owners.
c.
For a JADU, the property owner must reside in either the primary
residence or the JADU. Sale of the JADU separate from the single-family
residence is prohibited; said prohibition is binding on all present
owners and future purchasers.
12.
For ADUs permitted prior to January 1, 2020, the city may continue
to enforce a requirement for owner-occupancy of the ADU or primary
residence.
13.
An ADU may be sold separately from the primary dwelling only in limited
situations pursuant to California Government Code Section 65852.26
(effective Jan. 1, 2022).
(Ord. CS-427 § 5, 2022)
A.
Home
occupations which are not disruptive to the residential character
of the neighborhood shall be permitted as an accessory use, subject
to the following conditions:
1.
Home
occupations shall be conducted as a secondary use by a resident or
residents of the premises;
2.
No
employees shall be employed on the premises;
3.
All
home occupation activities shall be conducted entirely within the
residential structure, except for permitted agricultural or horticultural
uses;
4.
There
shall be no external alteration to the appearance of the residential
structure that would reflect the existence of the home occupation;
5.
No
storage of materials, goods, equipment or stock in trade shall be
permitted where visible from the exterior of the property;
6.
No
deliveries or pickups by heavy duty commercial vehicles shall be permitted;
7.
Sale
of goods or services shall not be conducted on the property, except
for agricultural goods grown on the premises. This provision shall
not be construed to prohibit taking orders for sale where delivery
of goods or performance of services does not occur on the property;
8.
The
home occupation shall not cause any external effect that is inconsistent
with the residential zone or disrupts the neighborhood, including,
but not limited to, noise from equipment, traffic, lighting, offensive
odor or electrical interference;
9.
No
advertising, signs or displays of any kind indicating the existence
of the home occupation shall be permitted on the premises;
10.
The home occupation shall not cause the elimination of required off-street
parking;
11.
The home occupation may not utilize an area greater than twenty percent
of the combined total floor area of all on-site structures; and
12.
A city business license is required for the conduct of a home occupation.
(Ord. NS-718 § 7, 2004)
In the R-1 zone no building shall exceed a height of 30 feet
and 2 stories if a minimum roof pitch of 3:12 is provided or 24 feet
and 2 stories if less than a 3:12 roof pitch is provided for lots
under 20,000 square feet. Single-family residences on lots with a
lot area of 20,000 square feet or greater and within a R-1 zone and
specifying a -20 or greater area zoning symbol shall not exceed 35
feet and three stories with a minimum roof pitch of 3:12 provided,
or 29 feet and three stories if less than a 3:12 roof pitch is provided.
(Ord. NS-718 § 7, 2004; Ord. CS-432, 9/27/2022)
Every lot in the R-1 zone shall have a front yard which has
a depth not less than twenty feet, except that on key lots and lots
which side upon commercially or industrially zoned property, the required
front yard need not exceed fifteen feet.
(Ord. NS-718 § 7, 2004)
A.
In
the R-1 zone every lot shall have side yards as follows:
1.
Interior
lots shall have the following side yards:
a.
A side yard shall be provided on each side of the lot, which side
yard has a width equal to ten percent of the lot width; provided,
that such side yard shall not be less than five feet in width and
need not exceed ten feet;
i.
The width of one side yard may be reduced, subject to the following:
(A)
The opposite side yard shall be increased in width by an amount
equal to the reduction or shall be a minimum of ten feet in width,
whichever is greater;
(B)
The reduced side yard shall not be less than five feet in width
nor shall it abut a lot or parcel of land with an adjacent reduced
side yard;
(C)
In the event special circumstances exist, such as extreme topographical
features and/or irregularly shaped lots (such as those which front
on cul-de-sacs), a reduced side yard may be permitted adjacent to
a reduced side yard, provided a minimum of ten feet between buildings
is maintained.
2.
Corner
lots and reversed corner lots shall have the following side yards:
a.
On the side lot line which adjoins another lot, the side yard shall
be equal to ten percent of the lot width; provided that such side
yard shall not be less than five feet in width and need not exceed
ten feet; and
b.
On the side street, the width of the required side yard shall be
ten feet and such side yard shall extend the full length of the lot.
(Ord. NS-718 § 7, 2004; Ord. CS-164 § 10, 2011; Ord. CS-178 § X, 2012)
A.
Placement of buildings on any lot shall conform to the following, except as otherwise permitted for accessory dwelling units (or junior accessory dwelling units where permitted) pursuant to Section 21.10.030:
1.
Interior Lots.
a.
No building shall occupy any portion of a required yard;
b.
Any building, any portion of which is used for human habitation,
shall observe a distance from any side lot line the equivalent of
the required side yard on such lot and from the rear property line
the equivalent of twice the required side yard on such lot;
c.
All accessory structures shall comply with the following development
standards:
i.
The lot coverage shall include accessory structures in the lot
coverage calculations for the lot,
ii.
When proposed on a lot adjoining native vegetation, accessory
structures within a fire suppression zone must be reviewed and approved
by the fire department,
iii.
Buildings shall not exceed one story,
iv.
Building height shall not exceed 14 feet if a minimum roof pitch
of 3:12 is provided or 10 feet if less than a 3:12 roof pitch is provided;
d.
Habitable detached accessory structures shall comply with all
requirements of the zone applicable to placement of a dwelling unit
on a lot including setbacks;
e.
Detached accessory structures which are not dwelling units and
contain no habitable space, including, but not limited to, garages,
workshops, tool sheds, decks over 30 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 440 square feet,
ii.
The following setbacks shall apply: a front yard setback of
20 feet, a rear yard setback of five feet, a side yard setback of
five feet and an alley setback of five feet,
iii.
The maximum plumbing drain size shall be one and
one-half inches in diameter so as to prohibit toilets, showers, bathtubs
and other similar fixtures,
iv.
The additional development standards listed above (subsections
(A)(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
2.
Corner Lots and Reversed Corner Lots.
a.
No building shall occupy any portion of a required yard;
b.
Any building, any portion of which is used for human habitation,
shall observe a distance from the rear property line the equivalent
of twice the required interior side yard on such lot;
c.
All accessory structures shall comply with the following development
standards:
i.
The lot coverage shall include accessory structures in the lot
coverage calculations for the lot,
ii.
When proposed on a lot adjoining native vegetation, accessory
structures within a fire suppression zone must be reviewed and approved
by the fire department,
iii.
Buildings shall not exceed one story,
iv.
Building height shall not exceed 14 feet if a minimum roof pitch
of 3:12 is provided or 10 feet if less than a 3:12 roof pitch is provided;
d.
Habitable detached accessory structures shall comply with all
requirements of the zone applicable to placement of a dwelling unit
on a lot including setbacks;
e.
Detached accessory structures which are not dwelling units and
contain no habitable space, including, but not limited to, garages,
workshops, tool sheds, decks over 30 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 440 square feet,
ii.
The following setbacks shall apply: a front yard setback of
20 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
(Ord. NS-718 § 7, 2004; Ord. CS-324 § 10, 2017; Ord. CS-384 § 11, 2020; Ord. CS-432, 9/27/2022)
A.
The
minimum required area of a lot in the R-1 zone, when the zone implements
the R1.5 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 R-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 R-8 land use designation, shall be not less than six thousand
square feet, unless otherwise shown on the zoning map.
(Ord. NS-718 § 7, 2004; Ord. CS-432, 9/27/2022)
A.
In
the R-1 zone every lot shall have a minimum lot width as follows:
B.
The
official or decision-making body with the authority to otherwise approve
the subdivision may approve panhandle or flag-shaped lots where the
lot width and yards shall be measured in accord with this section
if the following circumstances are found to exist.
1.
The
property cannot be served adequately with a public street without
panhandle lots due to unfavorable conditions resulting from unusual
topography, surrounding land development, or lot configuration; and
2.
Subdivision
with panhandle lots will not preclude or adversely affect the ability
to provide full public street access to other properties within the
same block of the subject property.
C.
In
approving a panhandle lot, a determination shall be made as to what
portion of such lot shall be the buildable lot; for purposes of this
chapter, the buildable portion shall be the entire lot exclusive of
any portion of the lot less than thirty-five feet in width that is
used for access to the lot. Also, a determination shall be made on
which property lines of the buildable lots are the front, sides and
rear for purposes of providing required yards.
D.
Any
panhandle lot approved pursuant to this section shall meet the following
requirements:
1.
The
area of the buildable portion of the lot shall be a minimum ten thousand
square feet or the minimum required by the zone whichever is greater.
In zone districts permitting less than ten thousand square-foot lots,
the buildable portion of the lot may be less than ten thousand square
feet provided the official or decision-making body with authority
to otherwise approve the subdivision finds from evidence submitted
on a site plan that all requirements of this section will be met;
however, in no case shall the buildable portion of the lot be less
than eight thousand square feet in area. If a site plan for a subdivision
with panhandle lots with a buildable portion of less than ten thousand
square feet is approved, development within such subdivision shall
conform to the plan as approved;
2.
The
width requirements for the buildable portion of the lot shall be met
as required for lots in the zone district;
3.
The
yard requirements of the zone district shall be met as required for
interior lots;
4.
The
length of the portion of the lot fronting on a public street or publicly
dedicated easement afforded access to the buildable lot shall not
be greater than one hundred fifty feet for a single lot or two hundred
feet when two such lots are adjoining. The minimum width for such
access portion shall be twenty feet except where the access portion
is adjacent to the same portion of another such lot, in which case
the required minimum frontage shall be fifteen feet, provided a joint
easement ensuring common access to both such portions is recorded;
5.
An
improved driveway shall be provided within the access portion of the
lot from the street or public easement to the parking area on the
buildable lot at least fourteen feet wide for single lots and twenty
feet wide when serving more than one lot. The minimum overhead clearance
shall be ten feet. The driveway shall be constructed to accommodate
public service vehicles with a minimum of two-inch thick asphalt concrete
paving on proper base with rolled edges;
6.
Drainage
from the lot shall be channeled down the private access to a public
street or special drainage means must be provided to the satisfaction
of the City Engineer;
7.
Each
lot shall have three nontandem parking spaces with an approach not
less than twenty-four feet in length with proper turnaround space
to permit complete turnaround for forward access to the street. The
parking and access arrangement shall be designed to the satisfaction
of the City Engineer;
8.
Structures
permitted in the access portion of the lot shall be limited to mailboxes,
fences, trash enclosures, landscape containers and nameplates. Except
for mailboxes, the structures shall not be greater than forty-two
inches in height if located within twenty feet of the street property
line or greater than six feet in height beyond this point;
9.
The
property owner of such a lot shall agree to hold the city or any other
public service agency harmless from liability for any damage to the
driveway when being used to perform a public service;
10.
Any other condition the official or decision-making body with the
authority to otherwise approve the subdivision may determine to be
necessary to properly develop such property.
(Ord. NS-718 § 7, 2004; Ord. CS-178 § XI, 2012)
Lot coverage with buildings and structures shall not exceed
forty percent of the lot. Buildings and structures used for growing
or raising plants or animals are not counted as coverage.
(Ord. NS-718 § 7, 2004)
A.
No
one-family dwelling unit, whether it be conventionally built, modular
or a mobile home, shall be located on a lot in this zone unless such
dwelling unit complies with the following development standards:
1.
Garage(s), which are provided to meet the parking requirements for dwellings pursuant to Section 21.44.020 of this title, shall be architecturally integrated with and have an exterior similar to the dwelling unit;
2.
All
dwelling units shall have a permanent foundation. For mobile homes
a foundation system installed pursuant to Section 18551 of the State
Health and Safety Code shall satisfy the requirements of this section;
3.
Exterior
siding materials shall be stucco, masonry, wood or brick unless an
alternative exterior material is approved by the City Planner. The
City Planner may approve a siding material other than those listed
in this section only if he or she finds that use of such material
is in harmony with other dwelling units in the neighborhood;
4.
All
roofs shall have a pitch of at least three inches in twenty inches
unless another pitch is approved by the City Planner. No roof shall
be made of corrugated, extruded or stamped metal;
5.
All
dwelling units shall have a minimum width of twenty feet.
(Ord. NS-718 § 7, 2004; Ord. CS-102 § XXI, 2010; Ord. CS-164 § 10, 2011)
A.
Purpose.
1.
The
purpose of this section is to establish standards to ensure that the
development of farmworker housing complexes does not adversely impact
adjacent parcels or the surrounding neighborhood and that they are
developed in a manner which protects the health, safety, and general
welfare of the nearby residents and businesses, and the character
of the City of Carlsbad.
2.
The
Employee Housing Act allows for flexibility in housing types for farmworker
housing, including conventional and nonconventional structures, such
as: living quarters, boardinghouse, tent, bunkhouse, mobilehome, manufactured
home, recreational vehicle and travel trailers. The laws and regulations
governing these structures depends on the housing type; however, all
employee housing must comply with: the Employee Housing Act (Health
and Safety Code Section 17000 et seq.) and the Employee Housing Regulations
(Title 25—Housing and Community Development), which outline
specific requirements for the construction of housing, maintenance
of grounds, buildings, sleeping space and facilities, sanitation and
heating; and the provisions of this section.
B.
The
provisions of this section shall apply to: 1) single-family zones
E-A, R-A, R-E, R-T, R-W, RD-M, L-C and R-1, areas designated by a
master plan for single-family detached dwellings in P-C zones where
agricultural uses are allowed; 2) lots within multifamily zones R-2,
R-3, R-P and RMHP; 3) commercial, office and industrial zones C-1,
O, C-2, C-T, C-M, C-L, M, P-M and P-U; and 4) open space zones O-S
and CR-A/OS, which are developed with a farmworker housing complex.
C.
The property owner shall obtain all permits and/or approvals from the City of Carlsbad, as applicable, and the State Department of Housing and Community Development (HCD) pursuant to Title 25 of the California Code of Regulations. A farmworker housing complex may require a building permit, and if located in the coastal zone, may also require a coastal development permit issued according to the provisions of Chapter 21.201 of this title.
D.
A farmworker
housing complex shall meet the setback, lot coverage, height, and
other development standards applicable to the zone in which it is
located. Additionally, a farmworker housing complex shall be located
not less than seventy-five feet from barns, pens, or other structures
that house livestock or poultry, pursuant to Title 25 of the California
Code of Regulations, and not less than fifty feet from any other agricultural
and non-agricultural use.
E.
All
permanent farmworker housing shall provide landscaping around the
entire perimeter of the housing to shield the housing from adjacent
structures.
G.
Farmworker
housing complexes shall comply, as applicable, with the following:
1) Employee Housing Act (California Health and Safety Code Sections
17000—17062); 2) Mobilehome Parks Act (California Health and
Safety Code Sections 18200—18700); and Special Occupancy Parks
Act (California Health and Safety Code Sections 18860—18874).
H.
Within
thirty days after approval from the City of Carlsbad for farmworker
housing, the applicant shall record in the office of the County Registrar-Recorder/County
Clerk a covenant running with the land for the benefit of the City
of Carlsbad, declaring that the farmworker housing will continuously
be maintained as such in accordance with Title 21 of the Carlsbad
Municipal Code and also that:
1.
The
applicant will obtain and maintain, for as long as the farmworker
housing is operated, the appropriate permit(s) from State Department
of Housing and Community Development (HCD) pursuant to the Employee
Housing Act and the regulations promulgated thereunder;
2.
The
improvements required by the City of Carlsbad related to the farmworker
housing shall be constructed and/or installed, and continuously maintained
by the applicant;
3.
The applicant will submit the annual verification form to the City Planner as required by Section 21.10.125(I); and
I.
The
property owner shall, if applicable: (1) complete and submit to the
City Planner a verification form no later than thirty days after receiving
a permit to operate from HCD; (2) a verification form shall be submitted
to the City Planner annually to ensure compliance with Title 21 of
the Carlsbad Municipal Code; and (3) the verification form shall include:
information regarding the agricultural use, housing type, number of
dwelling units or beds, number of occupants, occupants' employment
information, and proof that a permit to operate from HCD has been
obtained and maintained.
J.
Farmworker
housing complex shall be removed from the property within 90 days
of termination of the property's use from agricultural production.
(Ord. CS-189 § XIII, 2012)
If any section, subsection, sentence, clause, phrase or part
of this chapter is for any reason found by a court of competent jurisdiction
to be invalid or unconstitutional, such decision shall not affect
the validity of the remaining portions of this chapter, which shall
be in full force and effect. The City Council hereby declares that
it would have adopted this chapter with each section, subsection,
sentence, clause, phrase or part thereof regardless of the fact that
any one or more sections, subsections, sentences, clauses, phrases,
or parts be declared invalid or unconstitutional.
(Ord. NS-718 § 7, 2004)
