Note: Prior ordinance history: Ord. Nos. 9060, 9224, 9336,
9391, 1256, 8674, 9606, 9785, 9804, NS-179, NS-240, NS-243, NS-274,
NS-283, NS-402, NS-662, NS-663, and NS-675.
A.
The
intent and purpose of the R-P residential-professional zone is to:
1.
Implement
the office and related commercial (O), R-15 (Residential 8-15 du/ac)
and R-23 (Residential 15-23 du/ac) 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.
(Ord. NS-718 § 10, 2004; Ord. CS-432, 9/27/2022)
A.
In an R-P residential zone, notwithstanding any other provision of this title, only the uses listed in Tables A and B, 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 Tables A and B, shall be subject to the provisions of Chapter 21.42 of this title.
C.
Uses
similar to those listed in Tables A and B may be permitted if the
City Planner determines such similar use falls within the intent and
purpose of this zone, and is substantially similar to a specified
permitted use.
D.
A use
category may be general in nature, where more than one particular
use fits into the general category (ex. in some commercial zones "offices"
is a general use category that applies to various office uses). However,
if a particular use is permitted by conditional use permit in any
zone, the use shall not be permitted in this R-P zone (even under
a general use category), unless it is specifically listed in the zone
as permitted or conditionally permitted.
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Table A
Uses Permitted When the R-P Zone Implements the "O" (Office)
General Plan Land Use Designation
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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 the use is permitted. (See note 2 below)
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"CUP" indicates that the use is permitted with approval of a
conditional use permit. (See note 2 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.
|
|
Use
|
P
|
CUP
|
Acc
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|---|---|---|---|
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Accessory buildings/structures, which are customarily appurtenant to a permitted use (ex. incidental storage facilities) (see note 1, below) (defined: Section 21.04.020)
|
|
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X
|
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Banks/financial services (no drive-thru)
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X
|
|
|
|
Biological habitat preserve (subject to Section 21.42.010(B)(30); defined: Section 21.04.048)
|
|
2
|
|
|
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1
|
| |
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Churches, synagogues, temples, convents, monasteries, and other
places of worship
|
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2
|
|
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Clubs — Nonprofit, business, civic, professional, etc. (defined: Section 21.04.090)
|
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1
|
|
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Delicatessen (defined: Section 21.04.106)
|
X
|
|
|
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Educational facilities, other (defined: Section 21.04.137)
|
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1
|
|
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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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Greenhouses (2,000 square feet maximum)
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X
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|
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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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Medical uses (excluding hospitals), including offices for medical
practitioners, clinics, and incidental laboratories and pharmacies
(prescription only)
|
X
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Mobile buildings (subject to Section 21.42.140(B)(90); defined: Section 21.04.265)
|
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1
|
|
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Office uses, (may include incidental commercial uses such as
blueprint services, photocopy services and news stands)
|
X
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|
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Packing/sorting sheds (600 square feet maximum)
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X
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|
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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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Parking facilities (primary use) (i.e., day use, short-term,
nonstorage)
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1
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Personal services (defined: Section 21.04.291.1)
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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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Radio/television/microwave/broadcast station/tower
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2
|
|
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X
| |
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Schools (business, vocational, and for such subjects as dance,
drama, cosmetology, music, martial arts, etc.)
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X
|
|
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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
|
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1
|
|
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X
| |
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Temporary bldg./trailer (construction) (subject to Section 21.53.110)
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X
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Transit passenger terminals (bus and train)
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2
|
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Veterinary clinic/animal hospital (small animals) (defined: Section 21.04.378)
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1
|
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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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Notes:
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|---|---|
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1.
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Accessory uses shall be developed as an integral part of a permitted
use within or on the same structure or parcel of land.
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2.
| |
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Table B
Uses Permitted When the R-P Zone Implements the "R-15" or "R-23"
General Plan Land Use Designations
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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 the use is permitted.
|
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"CUP" indicates that the use is permitted with approval of a
conditional use permit.
|
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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.
|
|
Use
|
P
|
CUP
|
Acc
|
|---|---|---|---|
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Accessory buildings/structures (ex. garages, workshops, tool sheds, patio covers, decks, etc.) (see notes 1 and 2, below) (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 (wild animals) (subject to Section 21.53.085)
|
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X
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Bed and breakfasts (subject to Section 21.42.140(B)(25); defined: Section 21.04.046)
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1
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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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1
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| |
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Churches, synagogues, temples, convents, monasteries, and other
places of worship
|
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2
|
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Clubs — Nonprofit; business, civic, professional, etc. (defined: Section 21.04.090)
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1
|
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Dwelling, one-family (see note 3, below) (defined: Section 21.04.125)
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X
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Dwelling, two-family (see note 4, below) (defined: Section 21.04.130)
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X
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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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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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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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Housing for senior citizens (subject to Chapter 21.84)
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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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1
|
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Mobile home (see notes 3 and 5, below) (defined: Section 21.04.266)
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X
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Packing/sorting sheds (600 square feet maximum)
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X
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|
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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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Parking facilities (primary use) (i.e., day use, short-term,
nonstorage)
|
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1
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Professional care facilities (defined: Section 21.04.295)
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2
|
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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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Residential care facilities (serving more than six persons) (subject to Section 21.42.140(B)(125); defined: Section 21.04.300)
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2
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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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Time-share projects (subject to Section 21.42.140(B)(155); defined: Section 21.04.357)
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2
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Transitional housing (defined: Section 21.04.362)
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X
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Transit passenger terminals (bus and train)
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2
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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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|---|---|
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1.
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Private garages (defined: Section 21.04.150) shall accommodate not more than two cars per dwelling unit.
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2.
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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).
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3.
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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.
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4.
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A two-family dwelling shall not be permitted within the R-23
land use designation.
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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.
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(Ord. NS-718 § 10, 2004; Ord. NS-746 § 9, 2005; Ord. NS-791 § 14, 2006; Ord. CS-102 §§ XXX, XXXI,
2010; Ord. CS-164 § 10,
2011; Ord. CS-178 §§ XIII,
XIV, 2012; Ord. CS-189 §§ XVI—XVIII,
2012; Ord. CS-191 § X,
2012; Ord. CS-224 §§ XIII,
XIV, 2013; Ord. CS-249 § VIII,
2014; Ord. CS-324 § 2,
2017; Ord. CS-384 §§ 10,
15, 2020; Ord. CS-432, 9/27/2022; Ord. CS-432, 9/27/2022)
A.
Subject to the general development standards of Chapters 21.41 and 21.44, no lot shall be created or structure constructed in the R-P zone that does not conform to the following specific standards:
1.
Lot
Area Minimum. In the R-P zone the minimum area of all lots hereafter
created shall be seven thousand five hundred square feet.
2.
Lot
Width Minimum. Every lot hereafter created in the R-P zone shall maintain
a minimum lot width at the rear line of the required front yard on
the basis of the following:
|
Lot Area
|
Required Width
|
|---|---|
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Less than 10,000 sq. ft.
|
60 feet
|
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Less than 20,000 sq. ft.
|
75 feet
|
|
More than 20,000 sq. ft.
|
80 feet
|
3.
Front
Yard. Every lot in the R-P zone shall have a front yard of not less
than twenty feet in depth, except key lots which side upon commercially
or industrially-zoned property shall maintain a front yard of not
less than fifteen feet.
4.
Side
Yard. In the R-P zone every lot shall have side yards as follows:
a.
Interior lots shall have side yards that have 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 in width;
and
b.
Corner lots shall have a side yard on the side lot line adjacent
to another lot of a width within the limitations for an interior lot
above and a side yard adjacent to the street of ten feet.
5.
Rear
Yard. In the R-P zone every lot shall have a rear yard of a depth
equal to twenty percent of the lot width, provided that such rear
yard need not exceed twenty feet.
7.
All accessory structures shall comply with the following development standards, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030:
a.
The lot coverage shall include accessory structures in the lot coverage
calculations for the lot;
b.
The distance between buildings used for human habitation and accessory
buildings shall be not less than ten feet;
c.
When proposed on a lot adjoining native vegetation, accessory structures
within a fire suppression zone must be reviewed and approved by the
fire department;
d.
Buildings shall not exceed one story; and
e.
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.
8.
Habitable
detached accessory structures shall comply with all requirements of
the zone applicable to placement of a dwelling unit of a lot including
setbacks.
9.
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:
a.
The maximum allowable building area per structure shall not exceed
a building coverage of four hundred forty square feet;
b.
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, and an alley setback of five feet;
c.
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; and
d.
The additional development standards listed above (subsections (A)(10)(a)
through (c) of this section) shall apply to the entire subject accessory
structure, not just the portion encroaching into a lot's setback area.
10.
The provisions of this section are applicable notwithstanding the permit requirements contained in Section 18.04.015.
11.
Other than as provided in subsection (A)(9) above, no building shall
be located in any of the required yards.
12.
Height Limits. In the R-P zone the maximum building height shall
be thirty-five feet.
13.
Lot Coverage. In the R-P zone all buildings shall not cover more
than sixty percent of the total lot area.
14.
Parking Off-Street. Parking shall not be provided in the required
front or side yards.
(Ord. NS-718 § 10, 2004; Ord. CS-324 § 13, 2017; Ord. CS-384 § 16, 2020)
A.
In
addition to the established development standards, when applicable
the following conditions shall be met:
1.
Outside
Display and Storage. No outdoor display of products or storage shall
be permitted.
2.
Residential
Structure Conversion. All existing residential structures converted
to commercial purposes shall be brought into conformance with all
the requirements of this title and Title 18 of this code.
3.
Walls.
Any lot proposed for nonresidential development which adjoins a lot
located in a residential zone district shall have a solid masonry
wall of six feet in height installed along the common lot line, except
in the front yard area where the wall shall be reduced to forty-two
inches in height.
4.
Enclosure
of Activities. All nonresidential uses shall be located in a completely
enclosed building.
(Ord. NS-718 § 10, 2004)
