Note: Prior ordinance history: Ord. Nos. 9060, 9251, 9336,
9455, 9513, 9534, 9638, 9658, 9674, 9785, 9804, 1256, 1261, NS-186,
NS-243, NS-274, NS-283, NS-355, NS-409, NS-662, NS-663, and NS-675.
A.
The
intent and purpose of the RD-M residential density-multiple zone is
to:
1.
Implement
the R-8 (Residential 4-8 du/ac), R-15 (Residential 8-15 du/ac) and
R-23 (Residential 15-23 du/ac) 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.
(Ord. NS-718 § 14, 2004; Ord. CS-432, 9/27/2022)
A.
In the RD-M 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.
Uses
similar to those listed in Table A 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.
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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: "P" indicates use
is permitted. (See note 6 below)
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"CUP" indicates use is permitted with approval of a conditional
use permit. (See note 6 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.) (see note 1 below) (defined: Section 21.04.020)
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X
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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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Aquaculture (defined: Section 21.04.036)
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2
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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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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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1
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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 (see notes 2 and 3 below) (defined: Section 21.04.125)
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X
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Dwelling, two-family (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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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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1
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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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Golf courses (see note 4 below)
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3
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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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2
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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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2
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Mobile home (see notes 2, 3 and 5 below) (defined: Section 21.04.266)
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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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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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3
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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 21.41.140(B)(170); defined:
Section 21.04.4000
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2
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Notes:
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1.
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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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2.
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Within the R-8 land use designation, a one-family dwelling/subdivision
is permitted.
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3.
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Within the R-15 and R-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.
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4.
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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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5.
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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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6.
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(Ord. NS-718 § 14, 2004; Ord. NS-746 § 11, 2005; Ord. NS-791 § 17, 2006; Ord. CS-102 §§ XXXVIII—XL,
2010; Ord. CS-164 § 10,
2011; Ord. CS-178 § XV,
2012; Ord. CS-189 § XXI,
2012; Ord. CS-191 § XIII,
2012; Ord. CS-224 §§ XVIII,
XIX, 2013; Ord. CS-249 § XI,
2014; Ord. CS-324 § 2,
2017; Ord. CS-384 §§ 10,
15, 2020; Ord. CS-432, 9/27/2022)
No building shall exceed a height of thirty-five feet.
(Ord. NS-718 § 14, 2004)
A.
There
shall be a front yard of not less than twenty feet in depth with exceptions
as follows:
1.
Fifteen
feet shall be permitted providing carport or garage openings do not
face onto the front yard; and
2.
Ten
feet shall be permitted providing carport or garage openings do not
face onto the front yard, and that the remaining front yard is landscaped
with a combination of flowers, shrubs, trees and irrigated with a
sprinkler system. Landscape plans and irrigation system plans shall
be approved by the City Planner prior to issuance of a building permit
for a proposed structure.
(Ord. NS-718 § 14, 2004; Ord. CS-164 § 10, 2011)
A.
Every
lot shall have side yard as follows:
1.
Interior
lots shall have a side yard on each side of the lot of not less than
five feet in width;
2.
Corner
lots and reversed corner lots shall have side yards as follows:
a.
On the side lot line which adjoins another lot, the side yard shall
be the same as that required on an interior lot, and
b.
On any side of a lot which is adjacent to a street, the side yard shall be ten feet, with exception that: the required ten-foot side yard abutting a street may be reduced to five feet, providing parking spaces do not open directly onto the street and, that the side yard is landscaped and maintained as prescribed in Section 21.24.040;
3.
A
zero foot side yard setback shall be permitted to one interior side
yard, provided:
a.
That the owners of both lots common to the proposed zero foot side
yard are in agreement;
b.
That the remaining side yard shall be not less than twenty-five percent
of the total lot width measured at the front setback line;
c.
That the building permit application and other permit applications
required by this code (if any) for the project shall include a site
plan that shows the proposed building location, parking, and side
yard setback for both lots common with the proposed zero foot side
yard, to the satisfaction of the City Planner; and
d.
That an easement or other recorded agreement for maintenance purposes
be granted to provide access to the adjoining lot when there is no
side yard.
(Ord. NS-718 § 14, 2004; Ord. CS-102 § XLI, 2010; Ord. CS-164 § 10, 2011)
Zero foot setback for subterranean parking shall be permitted provided the required setbacks for the dwelling structure are landscaped and maintained as prescribed in Section 21.24.040.
(Ord. NS-718 § 14, 2004)
There shall be a rear yard of not less than ten feet in depth.
(Ord. NS-718 § 14, 2004)
The above specified yard requirements apply only to those structures
up to a height of thirty-five feet. For any other structure which
has had its height increased by approval of a specific plan, the yards
shall be increased at a ratio of one and one-half additional foot
horizontally, for each eight feet of vertical construction.
(Ord. NS-718 § 14, 2004)
A.
All accessory structures shall comply with the following development standards, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030:
1.
The
lot coverage shall include accessory structures in the lot coverage
calculations for the lot;
2.
The
distance between buildings used for human habitation and accessory
buildings shall be not less than ten feet;
3.
When
proposed on a lot adjoining native vegetation, accessory structures
within a fire suppression zone must be reviewed and approved by the
fire department;
4.
Buildings
shall not exceed one story; and
5.
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.
B.
Habitable
detached accessory structures shall comply with all requirements of
the zone applicable to placement of a dwelling unit on a lot including
setbacks
C.
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:
1.
The
maximum allowable building area per structure shall not exceed a building
coverage of four hundred forty square feet;
2.
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;
3.
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
4.
The
additional development standards listed above (subsections (D)(1)
through (3) of this section) shall apply to the entire subject accessory
structure, not just the portion encroaching into a lot's setback area.
(Ord. NS-718 § 14, 2004; Ord. CS-324 § 17, 2017; Ord. CS-384 § 20, 2020)
A.
The
minimum required area of a lot in the RD-M zone, when the zone implements
the RM 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 R-15 or R-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.
(Ord. NS-718 § 14, 2004; Ord. CS-432, 9/27/2022)
All buildings, including accessory buildings and structures,
shall cover no more of the lot than sixty percent.
(Ord. NS-718 § 14, 2004)
Every lot shall have a width of not less than sixty feet at
the rear line of the required front yard.
(Ord. NS-718 § 14, 2004)
A.
Prior
to an occupancy permit being issued by the Community and Economic
Development Director for any new units constructed in the RD-M zone,
it shall be necessary for the developer to upgrade or install those
public improvements deemed necessary for public convenience and necessity.
B.
Improvements
as may be required by the City Engineer shall be constructed to city
standards and specifications.
C.
In
such case where there are not adjacent improvements or official street
grade has not been established, the City Engineer may recommend to
the City Council that a future street improvement agreement be entered
into.
(Ord. NS-718 § 14, 2004; Ord. CS-164 § 14, 2011)
A.
In
approving a site development plan, planned development permit, tentative
map or other discretionary permit, for a property located in the RD-M
zone and adjacent to an R-1 zone, the Planning Commission or City
Council may impose special conditions or requirements that include
but are not limited to provisions for the following:
1.
Special
setbacks, yards, open space;
2.
Special
height and bulk of building regulations;
3.
Additional
landscaping;
4.
Signs,
fences and walls;
5.
Special
grading restrictions;
6.
Regulation
of point of ingress and egress;
7.
Compatibility
with surrounding properties and land uses; and
8.
Such
other conditions as deemed necessary to ensure conformity with the
general plan and other adopted policies, goals or objectives of the
city.
(Ord. NS-718 § 14, 2004)
