Note: Prior ordinance history: Ord. Nos. NS-612, NS-662,
NS-633, NS-675, and NS-718.
A.
The
purpose of the planned development ordinance is to:
1.
Recognize
the need for a diversity of housing and product types;
2.
Provide
a method for clustered property development that recognizes that the
impacts of environmentally and topographically constrained land preclude
the full development of a site as a standard single-family subdivision;
3.
Establish
a process to approve the following:
a.
One-family dwellings and twin-homes on individual lots of less than
seven thousand five hundred square feet in size or as otherwise allowed
by the underlying zone;
b.
Condominium projects consisting of two-family and multiple-family
dwellings, as well as one-family dwellings developed as two or more
detached dwellings on one lot;
c.
Condominium conversions; and
d.
Private streets;
4.
Encourage
and allow more creative and imaginative design by including relief
from compliance with standard residential zoning regulations. To offset
this flexibility in development standards, planned developments are
required to incorporate amenities and features not normally required
of standard residential developments.
(Ord. NS-834 § II, 2007)
A.
A planned
development permit is required for the development of one-family dwellings
or twin-homes on lots of less than seven thousand five hundred square
feet or as otherwise allowed by the underlying zone, attached or detached
condominiums, condominium conversions, and private streets.
B.
These
regulations do not apply to attached residential units proposed for
inclusion as part of a commercial development project.
C.
Any
application for a planned development permit that was deemed complete
prior to the effective date of the ordinance reenacting this chapter,
shall not be subject to the amended provisions of this chapter but
shall be processed and approved or disapproved pursuant to the ordinance
superseded by the ordinance codified in this chapter.
D.
If
there is a conflict between the regulations of this chapter and any
regulations approved as part of the city's certified local coastal
program, a redevelopment plan, master plan or specific plan, the regulations
of the local coastal program, redevelopment plan, master plan or specific
plan shall prevail.
E.
A planned
development permit shall apply to residential projects only, as specified
in Table A, Permitted Residential Uses, of this chapter.
F.
A planned
development permit shall be required for the development of a private
street within a residential development that is not otherwise subject
to the requirements of this chapter. Such residential development
shall not be subject to any development standard of this chapter,
except the private street standards.
(Ord. NS-834 § II, 2007)
A.
"Condominium project"
"Drive-aisle"
"Driveway"
"Net pad area"
"Planned development"
"Twin-home"
Whenever
the following terms are used in this chapter, they shall have the
meaning established by this section:
means a common interest development defined by Section 4100
of the California Civil Code, and which consists of two or more attached
or detached dwelling units on one lot.
means an improved surface on private property intended for
shared vehicular access (serving two or more residential units, attached
or detached) from a public/private street to a driveway(s) or open/enclosed
parking.
means an improved surface on private property intended for
exclusive vehicular access from a public/private street or drive-aisle
to open/enclosed parking for a single residential unit (attached or
detached).
means the building pad of a lot excluding all natural or
manufactured slopes greater than 3 feet in height except intervening
manufactured slopes between split-level pads on a single lot.
means a form of development usually characterized by a unified
site design for a number of housing units, clustering buildings and
providing common open space, recreation and streets.
means two dwellings attached by a common wall where each
dwelling is on a separate lot that allows for separate ownership.
(Ord. NS-834 § II, 2007; Ord. CS-242 § 1, 2014)
Table A, Permitted Residential Uses, specifies the types of
residential uses, and the zones where such uses are permitted, subject
to the approval of a planned development permit. The uses specified
in Table A are in addition to any principal use, accessory use, transitional
use or conditional use permitted in the underlying zone.
|
Table A
Permitted Residential Uses
|
|---|
|
Legend:
|
|
P = Permitted.
|
|
(#) Number within parentheses = Permitted only in certain circumstances.
|
|
X = Not permitted.
|
|
Zone
|
Residential Use
| |
|---|---|---|
|
|
One-Family Dwelling or Twin-Home on Small Lots (one unit per
lot)
|
Condominium Project
|
|
R-1
|
(1) or (4)
|
One-family dwellings - (3) or (4)
|
|
|
|
Two-family dwellings - (1) or (4)
|
|
|
|
Multiple-family dwellings - (4)
|
|
R-2
|
P
|
One-family or two-family dwellings - P
|
|
|
|
Multiple-family dwellings - (2) or (4)
|
|
R-3
|
P
|
P
|
|
RD-M
|
P
|
P
|
|
R-W
|
X
|
P
|
|
R-P
|
(5)
|
(6)
|
|
RMHP
|
P
|
P
|
|
P-C
|
(7)
|
(7)
|
|
V-B
|
(8)
|
(8)
|
|
Accessory Uses
|
(9)
|
(9)
|
|
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 RMH land use designation.
|
|
(6)
|
Permitted when the R-P zone implements the RMH or RH 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.
|
(Ord. NS-834 § II, 2007; Ord. CS-099 § II, 2010; Ord. CS-334 § 10, 2018)
A.
Application
and Fee.
1.
An
application for a planned development permit may be made by the owner
of the property affected or the authorized agent of the owner. The
application shall:
a.
Be made in writing on a form provided by the City Planner;
b.
State fully the circumstances and conditions relied upon as grounds
for the application; and
c.
Be accompanied by adequate plans, a legal description of the property
involved and all other materials as specified by the City Planner.
d.
A planned development permit application for a small-lot subdivision
(intended to be developed with one dwelling per lot) may be approved
without architecture and plotting; in which case, approval of a major
planned development permit amendment will be required at a later date
to authorize the proposed structures and their placement.
e.
A planned development permit application for a condominium project
shall require approval of architecture and plotting concurrent with
the approval of the condominium subdivision.
f.
The application for a planned development permit shall state the
proposed method of land division (i.e., small lots, or air-space condominiums).
2.
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.
B.
Processing
Procedures. Table B, Processing Procedures, identifies required procedures
for minor (four or fewer dwelling units) and major (five or more dwelling
units) planned development permits.
|
Table B
Processing Procedures
| ||
|---|---|---|
|
Topic
|
Minor Planned Development Permit
|
Major Planned Development Permit
|
|
Decision-Making Authority
|
City Planner
|
Planning Commission (PC)
|
|
Map Required
| ||
|
Required Findings
|
See Section 21.45.050.C
|
See Section 21.45.050.C
|
|
Notices and Hearings
|
See Chapter 21.54, Sections 21.54.060.B and 21.54.061
|
See Chapter 21.54, Sections 21.54.060.A and 21.54.061
|
|
Announcement of Decision and Findings of Fact
| ||
|
Effective Date and Appeals
| ||
|
Expiration and Extensions
| ||
|
Amendments
|
See Section 21.45.100
|
See Section 21.45.100
|
C.
Findings
of Fact.
1.
The
decision-making authority shall approve or conditionally approve a
planned development permit only if the following findings are made:
a.
The proposed project is consistent with the general plan, and complies
with all applicable provisions of this chapter, and all other applicable
provisions of this code.
b.
The proposed project will not be detrimental to existing uses, or
to uses specifically permitted in the area in which the proposed use
is to be located, and will not adversely impact the site, surroundings,
or traffic.
c.
The project will not adversely affect the public health, safety,
or general welfare.
D.
Modifications
to Development Standards.
1.
The
decision-making authority may approve a modification to the development
standards specified in this chapter if all of the following findings
are made in writing:
a.
The proposed planned development designed with the modified development
standard(s) is consistent with the purpose and intent of this chapter;
and
b.
The proposed modification(s) will result in the preservation of natural
habitat as required by the Carlsbad Habitat Management Plan (HMP);
and
c.
The amount of natural habitat preservation required by the HMP could
not be achieved by strict adherence to the development standards of
this chapter; and
d.
The proposed modification(s) will not adversely affect the public
health, safety, or general welfare; and
e.
If the project is located within the coastal zone, the modification
is consistent with all local coastal program policies and standards
for the protection of coastal resources.
2.
Any
application for a planned development permit that involves a request
for a modification to the development standards of this chapter shall
include documentation that clearly demonstrates the modification is
necessary to implement the natural habitat preservation requirements
of the HMP.
3.
The
decision-making authority may modify the plan, or impose such conditions
or requirements that are more restrictive than the development standards
specified in this chapter, the underlying zone or elsewhere in this
code, as deemed necessary to protect the public health, safety and
general welfare, or to insure conformity with the general plan and
other adopted policies, goals or objectives of the city.
(Ord. NS-834 § II, 2007; Ord. CS-164 §§ 10, 11,
2011; Ord. CS-178 § LXXVIII,
2012)
A.
All
planned developments shall comply with the general development standards
specified in Table C below. Specific standards applicable to one-family
dwellings and twin-homes on small-lots can be found in Table D; and
standards applicable to condominium projects can be found in Table
E.
B.
In
addition to the provisions of this chapter, a planned development
project shall be subject to the development standards of the project
site's underlying zone.
C.
If
there is a conflict between the development standards of this chapter
and the development standards applicable to the project site's underlying
zone, the standards of this chapter shall prevail. Exception: the
development standards specified in the city's local coastal program,
a redevelopment plan, master plan or specific plan shall prevail if
such standards conflict with the standards of this chapter.
D.
When
approved, a planned development permit shall become a part of the
zoning regulations applicable to the subject property.
|
Table C
General Development Standards
| ||||
|---|---|---|---|---|
|
REF. NO.
|
SUBJECT
|
DEVELOPMENT STANDARD
| ||
|
C.1
|
Density
|
Per the underlying General Plan designation. When two or more
general plan land use designations exist within a planned development,
the density may be transferred from one general plan designation to
another with a general plan amendment.
| ||
|
C.2
|
Arterial Setbacks
|
All dwelling units adjacent to any arterial road shown on the
Circulation Element of the General Plan shall maintain the following
minimum setbacks from the right-of-way:
Prime Arterial: 50 feet;
Major Arterial: 40 feet;
Secondary Arterial: 30 feet;
Carlsbad Boulevard: 20 feet
| ||
|
Half (50%) of the required arterial setback area located closest
to the arterial shall be fully landscaped to enhance the streetscene
and buffer homes from traffic on adjacent arterials, and
• Shall contain a minimum of one 24″ box tree for
every 30 lineal feet of street frontage; and
• Shall be commonly owned and maintained
| ||||
|
Project perimeter walls greater than 42 inches in height shall
not be located in the required landscaped portion of the arterial
setback, except noise attenuation walls that
• Are required by a noise study, and
• Due to topography, are necessary to be placed within
the required landscaped portion of the arterial setback
| ||||
|
C.3
|
Permitted Intrusions into Setbacks/Building Separation
| |||
|
C.4
|
Streets
|
Private
|
Minimum right-of-way width
|
56 feet
|
|
Minimum curb-to-curb width
|
34 feet
| |||
|
Minimum parkway width (curb adjacent)
|
5.5 feet, including curb
| |||
|
Minimum sidewalk width
|
5 feet (setback 6 inches from property line)
| |||
|
Public
|
Minimum right-of-way width
|
60 feet
| ||
|
Minimum curb-to-curb width
|
34 feet
| |||
|
Minimum parkway width (curb adjacent)
|
7.5 feet, including curb
| |||
|
Minimum sidewalk width
|
5 feet (setback 6 inches from property line)
| |||
|
Street trees within parkways
|
One-family dwellings and twin homes on small lots
|
A minimum of one street tree (24-inch box) per lot is required
to be planted in the parkway along all streets
| ||
|
Condominium projects
|
Street trees shall be spaced no further apart than 30 feet on
center within the parkway
| |||
|
Tree species should be selected to create a unified image for
the street, provide an effective canopy, avoid sidewalk damage and
minimize water consumption
| ||||
|
C.5
|
Drive-aisles
|
3 or fewer dwelling units
|
Minimum 12 feet wide when the drive-aisle is not required for
emergency vehicle access, as determined by the Fire Chief.
| |
|
If the drive-aisle is required for emergency vehicle access,
it shall be a minimum of 20 feet wide.
| ||||
|
4 or more dwelling units
|
Minimum 20 feet wide.
| |||
|
All projects
|
No parking shall be permitted within the minimum required width
of a drive-aisle.
| |||
|
A minimum 24-foot vehicle back-up/maneuvering area shall be
provided in front of garages, carports or uncovered parking spaces
(this may include driveway area, drive-aisles, and streets).
| ||||
|
Additional width may be required for vehicle/emergency vehicle
maneuvering area.
| ||||
|
Parkways and/or sidewalks may be required.
| ||||
|
No more than 24 dwelling units shall be located along a single-entry
drive-aisle.
| ||||
|
All drive-aisles shall be enhanced with decorative pavement.
| ||||
|
C.6
|
Number of Visitor Parking Spaces Required (1)
|
Projects with 10 units or fewer
|
0.30 space per each unit
| |
|
Projects 11 units or more
|
0.25 space per each unit
| |||
|
When calculating the required number of visitor parking spaces,
if the calculation results in a fractional parking space, the required
number of visitor parking spaces shall always be rounded up to the
nearest whole number.
| ||||
|
C.7
|
Location of Visitor Parking
|
On private/public streets
|
On-street visitor parking is permitted on private/public streets,
subject to the following:
• The private/public street is a minimum 34-feet wide (curb-to-curb)
• There are no restrictions that would prohibit on- street
parking where the visitor parking is proposed
• The visitor parking spaces may be located:
◊ Along one or both sides of any private/public street(s)
located within the project boundary, and
◊ Along the abutting side and portion of any existing public/private
street(s) that is contiguous to the project boundary
| |
|
In parking bays along public/private streets within the project
boundary, provided the parking bays are outside the minimum required
street right-of-way width.
| ||||
|
When visitor parking is provided as on-street parallel parking,
not less than 24 lineal feet per space, exclusive of driveway/drive-aisle
entrances and aprons, shall be provided for each parking space, except
where parallel parking spaces are located immediately adjacent to
driveway/drive-aisle aprons, then 20 lineal feet may be provided.
| ||||
|
Within the Beach Area Overlay Zone, on-street parking shall
not count toward meeting the visitor parking requirement.
| ||||
|
On drive-aisles
|
Visitor parking must be provided in parking bays that are located
outside the required minimum drive-aisle width.
| |||
|
On a driveway
|
Outside the Beach Area Overlay Zone
|
One required visitor parking space may be credited for each
driveway in a project that has a depth of 40 feet or more.
| ||
|
For projects with 10 or fewer units, all required visitor parking
may be located within driveways (located in front of a unit's garage),
provided that all dwelling units in the project have driveways with
a depth of 20 feet or more.
| ||||
|
Within the Beach Area Overlay Zone
|
One required visitor parking space may be credited for each
driveway in a project that has a depth of 40 feet or more.
If the streets within and/or adjacent to the project allow for
on-street parking on both sides of the street, then visitor parking
may be located in a driveway, subject to the following:
• All required visitor parking may be located within driveways
(located in front of a unit's garage), provided that all dwelling
units in the project have driveways with a depth of 20 feet or more.
• If less than 100% of the driveways in a project have
a depth of 20 feet or more, then a 0.25 visitor parking space will
be credited for each driveway in a project that has a depth of 20
feet or more (calculations resulting in a fractional parking space
credit shall always be rounded down to the nearest whole number).
| |||
|
All projects
|
The minimum driveway depth required for visitor parking (20
feet or 40 feet) applies to driveways for front or side-loaded garages,
and is measured from the property line, back of sidewalk, or from
the edge of the drive-aisle, whichever is closest to the structure.
| |||
|
Compact parking
|
For projects of more than 25 units, up to 25% of visitor parking
may be provided as compact spaces (8 feet by 15 feet). No overhang
is permitted into any required setback area or over sidewalks less
than 6 feet wide.
| |||
|
For all projects within the Beach Area Overlay Zone, up to 55%
of the visitor parking may be provided as compact spaces (8 feet by
15 feet).
| ||||
|
Distance from unit
|
Visitor parking spaces must be located no more than 300 feet
as measured in a logical walking path from the entrance of the unit
it could be considered to serve.
| |||
|
C.8
|
Screening of Parking Areas
|
Open parking areas should be screened from adjacent residences
and public rights-of-way by either a view-obscuring wall, landscaped
berm, or landscaping, except parking located within a driveway.
| ||
|
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 RH general plan designation
|
200 square feet per unit
| ||
|
Project IS within RH 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.
| |||
|
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.10
|
Lighting
|
Lighting adequate for pedestrian and vehicular safety shall
be provided.
| ||
|
C.11
|
Reserved
| |||
|
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 RMH or
RH 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.
| ||||
|
C.13
|
Storage Space
|
480 cubic feet of separate storage space per unit.
| ||
|
If all storage for each unit is located in one area, the space
may be reduced to 392 cubic feet.
| ||||
|
Required storage space shall be separately enclosed for each
unit and be conveniently accessible to the outdoors.
| ||||
|
Required storage space may be designed as an enlargement of
a covered parking structure provided it does not extend into the area
of the required parking stall, and does not impede the ability to
utilize the parking stall (for vehicle parking).
| ||||
|
A garage (12′ × 20′ one-car, 20′
× 20′ two-car, or larger) satisfies the required storage
space per unit.
| ||||
|
This requirement is in addition to closets and other indoor
storage areas.
| ||||
|
Note:
| |
|---|---|
|
(1)
|
This standard does not apply to housing for senior citizens (see Chapter 21.84 of this code).
|
(Ord. NS-834 § II, 2007; Ord. CS-026 § 1, 2009; Ord. CS-164 § 10, 2011)
A.
In
addition to the general development standards found in Table C, planned
developments that include one-family dwellings or twin-homes on small
lots shall comply with the following development standards found in
Table D, 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.1
|
Livable Neighborhood Policy
|
Must comply with City Council Policy 66, Principles for the
Development of Livable Neighborhoods.
| ||||
|
D.2
|
Architectural Requirements
|
Must comply with City Council Policy 44, Neighborhood Architectural
Design Guidelines.
| ||||
|
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 RMH 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.4
|
Maximum Lot Coverage
|
1 story homes
|
60% of the net pad area
| |||
|
Homes with 2 or more stories
|
45% of the net pad area for all lots in a project, if the minimum
lot area in the project is 5,000 square feet or greater.
| |||||
|
50% of the net pad area for all lots in a project, if the minimum
lot area in the project is less than 5,000 square feet.
| ||||||
|
Porches with no livable space above the porch, and porte-cocheres
no more than 20 feet in width and 6 feet in depth are exempt from
lot coverage requirements.
| ||||||
|
D.5
|
Minimum Lot Width(1)
|
One-family dwellings on lots equal to or greater than 5,000
square feet
|
50 feet (35 feet when a lot is located on a cul-de-sac, or the
curved portion of a sharply curved street/drive-aisle)
| |||
|
One-family dwellings on lots less than 5,000 square feet
|
40 feet (35 feet when a lot is located on a cul-de-sac, or the
curved portion of a sharply curved street/drive-aisle)
| |||||
|
Twin-homes
|
35 feet
| |||||
|
D.6
|
Minimum Street/Drive-Aisle Frontage
|
Lots located on the curved portion of sharply curved streets/drive-aisles
or cul-de-sacs: 25 feet.
| ||||
|
D.7
|
Minimum Setback from a Private or Public Street(2), (3)
|
Residential structure
|
10 feet
| |||
|
Direct entry garage
|
20 feet
| |||||
|
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 RMH and RH 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.
| ||||||
|
D.9
|
Minimum Interior Side Yard Setback
|
One-family dwellings
|
Option 1
|
Residential structure
|
Each interior side yard setback shall be a minimum of 10% of
the lot width; provided that each side yard setback is not less than
5 feet, and need not exceed 10 feet.
| |
|
Garage
|
Located on the front half of the lot
|
Same as required for residence.
| ||||
|
Located on the rear half of the lot
|
Need not exceed 5 feet
| |||||
|
Any living space above a garage shall observe the same interior
side yard setback required for the residence.
| ||||||
|
Option 2
|
Residential structure and garage
|
One interior side yard setback may be reduced to 0 feet (zero
lot line); provided the other side yard setback is a minimum of 20%
of the lot width, and need not exceed 20 feet.
| ||||
|
Twin-homes
|
One side yard - 0 feet (the side yard where the dwellings on
each lot are attached). The other side yard setback shall be a minimum
of 20% of the lot width, and need not exceed 20 feet.
| |||||
|
D.10
|
Minimum Rear Yard Setback (where the rear property line does
not front on a street or drive-aisle)
|
Residential structure
|
20% of lot width, provided the rear yard setback is not less
than 10 feet, and need not exceed 20 feet.
| |||
|
Garage (located on the rear half of the lot)
|
5 feet from rear property line
| |||||
|
Any living space above a garage shall observe the same rear
yard setback required for "residence," above.
| ||||||
|
D.11
|
Maximum Building Height/Number of Stories
|
Same as required by the underlying zone, and not to exceed three
stories(5), (8)
| ||||
|
D.12
|
Private Recreational Space
|
Minimum total area per unit
|
400 square feet (may consist of more than one recreational space)
| |||
|
Minimum dimension of recreational space
|
15 feet
| |||||
|
Required private recreational space shall be located at ground
level and designed so as to be functional, usable, and easily accessible
from the dwelling it is intended to serve, and shall not have a slope
gradient greater than 5%.
| ||||||
|
Required private recreational space shall not be located within
front yard setback areas, and may not include any driveways, parking
areas, storage areas, or walkways (except those walkways that are
clearly integral to the design of the recreation area).
| ||||||
|
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 specified in Section 21.45.090).
| ||||||
|
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.
• The patio cover/deck/balcony shall comply with all applicable standards, including the required setbacks specified in Section 21.45.090.
| ||||||
|
D.13
|
Resident Parking
|
2 spaces per unit, provided as either:(6)
|
a two-car garage (minimum 20 feet × 20 feet), or
| |||
|
2 separate one-car garages (minimum 12 feet × 20 feet
each)
| ||||||
|
D.14
|
Garages for 3 or more cars-in-a-row
|
No more than 20% of the total project units may include garages
with doors for 3 or more cars-in-a-row that directly face the street,
including garages constructed as 3 one-car garages located adjacent
to each other, or constructed as a two-car garage separated from a
one-car garage with all garage doors directly parallel to the street.
| ||||
|
Garages that are recessed 20 feet or more back from the forward-most
plane of the house shall not be subject to the 20% 3-car garage limitation
stated above.
| ||||||
|
Garages with doors for 3 or more cars in-a-row shall not be
permitted on lots less than 5,000 square feet in area.
| ||||||
|
D.15
|
Driveways
|
Driveways for side-loaded garages must be enhanced with decorative
pavement to improve appearance.
| ||||
|
Notes:
| |
|---|---|
|
(1)
|
Lot width is measured 20′ behind the front property line.
|
|
(2)
|
See Table C in Section 21.45.060 for required setbacks from an arterial street.
|
|
(3)
|
Building setbacks shall be measured from one of the following
(whichever is closest to the building): a) property line; or b) the
outside edge of the required street right-of-way width.
|
|
(4)
|
Building setbacks shall be measured from one of the following
(whichever is closest to the building): a) property line; b) the outside
edge of the required drive-aisle width; c) the back of sidewalk; or
d) the nearest side of a parking bay located contiguous to a drive-aisle
(excluding parking located in a driveway in front of a unit's garage).
|
|
(5)
|
If a project is located within the Beach Area Overlay Zone, building height shall be subject to the requirements of Chapter 21.82 of this code.
|
|
(6)
|
The required resident parking within the R-W zone shall be 2
spaces/unit, 1 of which must be covered. Any uncovered required parking
space in the R-W zone may be located within a required front yard
setback and may be tandem.
|
|
(7)
|
Garage location standards do not apply to projects where all
garages are alley loaded.
|
|
(8)
|
Protrusions above the height limit shall be allowed pursuant to Section 21.46.020 of this code. Such protrusions include protective barriers for balconies and roof decks.
|
(Ord. NS-834 § II, 2007; Ord. CS-026 § 1, 2009)
In addition to the general development standards found in Table
C, condominium projects shall comply with the following development
standards listed in Table E, Condominium Projects.
|
Table E
Condominium Projects
| ||||||
|---|---|---|---|---|---|---|
|
REF. NO.
|
SUBJECT
|
DEVELOPMENT STANDARD
| ||||
|
E.1
|
Livable Neighborhood Policy
|
Must comply with City Council Policy 66, Principles for the
Development of Livable Neighborhoods.
| ||||
|
E.2
|
Architectural Requirements
|
One-family and two-family dwellings
|
Must comply with City Council Policy 44, Neighborhood Architectural
Design Guidelines
| |||
|
Multiple-family dwellings
|
There shall be at least three separate building planes on all
building elevations. The minimum offset in planes shall be 18 inches
and shall include, but not be limited to, building walls, windows,
and roofs.
All building elevations shall incorporate a minimum of four
complimentary design elements, including, but not limited to:
• A variety of roof planes;
• Windows and doors recessed a minimum of 2 inches;
• Decorative window or door frames;
• Exposed roof rafter tails;
• Dormers;
• Columns;
• Arched elements;
• Varied window shapes;
• Exterior wood elements;
• Accent materials such as brick, stone, shingles, wood,
or siding;
• Knee braces; and
• Towers.
| |||||
|
E.3
|
Maximum Coverage
|
60% of total project net developable acreage.
| ||||
|
E.4
|
Maximum Building Height
|
Same as required by the underlying zone, and not to exceed three
stories(1), (7)
| ||||
|
Projects within the RH 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 RMH and RH 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 a public/private street)
|
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.
| |||||
|
E.6
|
Minimum Building Separation
|
10 feet
| ||||
|
E.7
|
Resident Parking(6)
|
All dwelling types
|
If a project is located within the RH 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.
| ||||||
|
One-family and two-family dwellings
|
Minimum total area per unit
|
Projects not within the RMH or RH general plan designations
|
400 square feet
| |||
|
Projects within the RMH or RH 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 RMH or RH general plan designations
|
15 feet
| |||
|
Within the RMH or RH 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 RH 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.
| ||||||
|
Notes:
| |
|---|---|
|
(1)
|
If a project is located within the Beach Area Overlay Zone, building height shall be subject to the requirements of Chapter 21.82 of this code.
|
|
(2)
|
See Table C in Section 21.45.060 for required setbacks from an arterial street.
|
|
(3)
|
Building setbacks shall be measured from the outside edge of
the required street right-of-way width, whichever is closest to the
building.
|
|
(4)
|
Building setbacks shall be measured from one of the following
(whichever is closest to the building): a) the outside edge of the
required drive-aisle width; b) the back of sidewalk; or c) the nearest
side of a parking bay located contiguous to a drive-aisle (excluding
parking located in a driveway in front of a unit's garage).
|
|
(5)
|
Any uncovered required parking space in the R-W zone may be
located within a required front yard setback and may be tandem.
|
|
(6)
|
This standard does not apply to housing for senior citizens (see Chapter 21.84 of this code).
|
|
(7)
|
Protrusions above the height limit shall be allowed pursuant to Section 21.46.020 of this code. Such protrusions include protective barriers for balconies and roof decks.
|
(Ord. NS-834 § II, 2007; Ord. CS-026 §§ 5—9,
2009)
A.
B.
One-Family
Dwellings and Twin-Homes on Small Lots.
1.
Table
F lists the provisions for residential additions and accessory uses
to one-family dwellings and twin-homes on small lots.
2.
The
additions and accessory uses listed in Table F shall be subject to
the approval/issuance of a building permit.
|
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
|
|
Accessory dwelling units or junior accessory dwelling units(2),
(3)
|
20 feet
|
See 21.10.030
|
|
Habitable detached accessory buildings
(i.e. guest houses; not including accessory dwelling units)(1),
(2), (3)
|
Same setbacks as required for the primary dwelling
| |
|
Additions to dwelling (attached)
|
Same setbacks as required for the dwelling
| |
|
Notes:
| |
|---|---|
|
(1)
|
Maximum building height is 1 story and 14 feet with a 3:12 roof
pitch or 10 feet with less than a 3:12 roof pitch.
|
|
(2)
|
Minimum 10-foot separation required between a habitable building
and any other detached accessory building/structure.
|
|
(3)
|
Must be architecturally compatible with the existing structure.
|
(Ord. NS-834 § II, 2007; Ord. CS-050 § IV, 2009; Ord. CS 324 §§ 2, 23, 2017; Ord. CS-384 § 25, 2020)
B.
Amendment
Exceptions.
1.
A
project revision shall not be required to obtain an amendment to an
existing planned development permit if all of the following findings
are made:
a.
The proposed revision does not increase the density (i.e., the addition
of units);
b.
The proposed revision does not decrease the density by more than
ten percent and provided the density is not decreased below the minimum
density of the underlying residential land use designation of the
general plan;
c.
The proposed revision does not change the boundary of the subject
property;
d.
The proposed revision does not involve the addition of a new land
use not shown on the original permit (e.g., adding a commercial use
to a residential project, replacing single-family units with attached
residential units, vice versa for each example, etc.);
e.
The proposed revision does not rearrange the major land uses within
the development (e.g., it does not exchange the locations of single-family
units with attached units);
f.
The proposed revision does not create changes of greater than ten
percent, provided that compliance will be maintained with the applicable
development standards of this code as follows:
g.
The proposed revision is architecturally compatible with existing
structures within the development.
(Ord. NS-834 § II, 2007; Ord. CS-164 §§ 10, 11,
2011; Ord. CS-178 § LXXIX,
2012)
A.
Applicability.
Any application for the conversion of existing buildings to a planned
development (e.g., converting apartments to condominiums) shall be
subject to all provisions of this chapter.
B.
Building
Plans and Gas/Electric Plan.
1.
An
application for conversion of an existing structure to a planned development
shall include building plans indicating how the building relates to
present building and zoning regulations and where modifications will
be required.
2.
Also,
the application shall include a letter from San Diego Gas and Electric
explaining that the plans to connect the gas and electric system to
separate systems are acceptable.
C.
Conversions
within the Coastal Zone. The conversion of existing residential units
within the Coastal Zone that are occupied by persons or families of
low or moderate income shall be subject to the requirements of Section
65590 of the California Government Code.
D.
Notice
to Tenants and Findings.
1.
Each
prospective and existing tenant of the proposed condominium project
shall be given written notice of the proposed conversion in accordance
with Sections 66452.8 and 66452.9 of the California Government Code
(Subdivision Map Act); and
2.
In
addition to all other required findings for a subdivision, the City
Council shall make all of the findings set forth in Section 66427.1
of the California Government Code (Subdivision Map Act).
(Ord. NS-834 § II, 2007)
A.
Where
a planned development contains any land or improvement proposed to
be held in common ownership, the applicant shall submit a declaration
of covenants, conditions and restrictions (CC&Rs) with the final
map. Such declaration shall set forth provisions for maintenance of
all common areas, payment of taxes and all other privileges and responsibilities
of the common ownership.
B.
The
CC&Rs shall include provisions:
1.
For
maintenance of all common areas, payment of taxes and all other privileges
and responsibilities of the common ownership.
2.
Prohibiting
the homeowners' association from quitclaiming land in an association
easement for ownership to private property owners thus allowing the
homeowners to privatize a common area for their own use.
C.
The
CC&Rs shall be reviewed by and subject to approval of the City
Planner.
(Ord. NS-834 § II, 2007; Ord. CS-164 § 10, 2011)
All private streets, walkways, parking areas, landscaped areas,
storage areas, screening sewers, drainage facilities, utilities, open
space, recreation facilities and other improvements not dedicated
to public use shall be maintained by the property owners. Provisions
acceptable to the City Planner shall be made for the preservation
and maintenance of all such improvements prior to the issuance of
building permits.
(Ord. NS-834 § II, 2007; Ord. CS-164 § 10, 2011)
A.
Public
Nuisance.
1.
All
commonly-owned lots, improvements and facilities shall be preserved
and maintained in a safe condition and in a state of good repair.
2.
Any
failure to so maintain is unlawful and a public nuisance if it endangers
the health, safety and general welfare of the public and is a detriment
to the surrounding community.
B.
Removal
of Public Nuisance.
1.
In
addition to any other remedy provided by law for the abatement, removal
and enjoinment of such public nuisance, the Community and Economic
Development Director or Housing and Neighborhood Services Director
may, after giving notice, cause the necessary work of maintenance
or repair to be done.
2.
The
costs thereof shall be assessed against the owner or owners of the
project.
C.
Notice
of Maintenance Required.
1.
The
notice shall be in writing and mailed to:
a.
All persons whose names appear on the last equalized assessment roll
as owners of real property within the project at the address shown
on the assessment roll; and
b.
Any person known to be responsible for the maintenance or repair
of the common areas and facilities of the project under an indenture
or agreement.
2.
At
least one copy of such notice shall be posted in a conspicuous place
on the premises.
3.
The
notice shall particularly specify:
a.
The work required to be done; and
b.
That the work must be commenced within thirty days after receipt
of such notice, and diligently and without interruption prosecuted
to completion; and
c.
If upon the expiration of the thirty-day period, the work is not
commenced and being performed with diligence, the city shall cause
such work to be done; in which case, the cost and expense of such
work, including incidental expenses incurred by the city, will be
assessed against the property or against each separate lot and become
a lien upon such property.
D.
Upon
completion of such work, the Community and Economic Development Director
or Housing and Neighborhood Services Director shall file a written
report with the City Council setting forth the fact that the work
has been completed and the cost thereof, together with a legal description
of the property against which the cost is to be assessed.
1.
Written
notice shall be provided to all persons specified in subsection C.1
of this section of the hour and place that the City Council will pass
upon the written report and will hear any protests against the assessments
shall be provided. Such notice shall also set forth the amount of
the proposed assessment.
a.
Upon the date and hour set for the hearing, the City Council shall
hear and consider the report and any protests before proceeding to
confirm, modify or reject the assessments.
E.
A list
of assessment as finally confirmed by the City Council shall be sent
to the City Treasurer for collection.
1.
If
any assessment is not paid within ten days after its confirmation
by the City Council, the City Clerk shall cause to be filed in the
office of the County Recorder a notice of lien, in a form approved
by the City Attorney.
a.
From and after the date of recordation of such notice of lien, the
amount of the unpaid assessment shall be a lien on the property against
which the assessment is made, and such assessment shall bear interest
at the maximum rate allowed by law until paid in full.
b.
The lien shall continue until the amount of the assessment and all
interest thereon has been paid.
c.
The lien shall have priority according to law.
(Ord. NS-834 § II, 2007; Ord. CS-164 §§ 9, 14, 2011)
A.
Except
for model homes, building permits for construction within the proposed
planned development shall not be issued until a final subdivision
map has been recorded for the project.
B.
A maximum
of six model home units may be constructed prior to recordation of
the final map, provided that adequate provision acceptable to the
City Planner and City Attorney are made guaranteeing removal of such
complex if the final map is not recorded.
(Ord. NS-834 § II, 2007;; Ord. CS-164 § 10, 2011)
The restrictions on the reapplication for a planned development permit are specified in Section 21.54.130 of this code.
(Ord. NS-834 § II, 2007)
