A. The
provisions of this chapter apply to:
1. Legally
created lots which do not conform to the current requirements and
development standards of the zone in which they are located.
2. Legally
constructed structures and site development features that do not comply
with the current requirements and development standards of the zone
in which they are located.
3. Legally
established uses which do not conform to the current permitted use
regulations of the zone in which they are located.
B. The
provisions of this chapter do not apply:
1. To nonconforming signs, which are addressed in Section
21.41.130.
2. When
an accessory dwelling unit or junior accessory dwelling unit is proposed
on a lot with an existing nonconforming residential structure that
is nonconforming with regard to geologic setback, public view encroachment,
coastal access, or habitat preserve buffers, and development of the
proposed accessory dwelling unit or junior accessory dwelling unit
does not result in redevelopment of the nonconforming residential
structure. Pursuant to California
Government Code Section 65852.2,
the city shall not require, as a condition for approval of an accessory
dwelling unit or a junior accessory dwelling unit, the correction
of nonconforming zoning conditions, except where the accessory dwelling
unit or junior accessory dwelling unit is located in the coastal zone
and is attached to the nonconforming residential structure that is
nonconforming with regard to geologic setback, public view encroachment,
coastal access, or habitat preserve buffers, and will result in redevelopment
of the nonconforming structure. For purposes of this section, redevelopment
shall mean alterations to the residential structure resulting from
construction of an accessory dwelling unit or junior accessory dwelling
unit that consist of: (a) additions to an existing structure; or (b)
exterior or interior renovations; or (c) demolition or replacement
of an existing principal structure, or portions thereof, any of which
results in replacement (including demolition, renovation or alteration)
of fifty percent or more of major structural components including
exterior walls, floor, roof structure or foundation, or a fifty percent
increase in gross floor area.
(Ord. CS-050 § VI, 2009; Ord. CS-384 § 26, 2020; Ord. CS-427 § 6, 2022)
A nonconforming lot may be developed, provided that the development
is consistent with the general plan and complies with all of the requirements
and development standards of the zone, master plan, or specific plan
in which it is located.
(Ord. CS-050 § VI, 2009)
A. Specific
Provisions.
1. A
nonconforming residential structure and/or nonconforming residential
use may be continued and the structure and/or use repaired, altered,
expanded or replaced in accordance with the provisions of this chapter
provided that the repair, alteration, expansion or replacement does
not:
a. Result in an additional structural nonconformity; and
b. Increase the degree of the existing nonconformity of all or part
of such structure or use (i.e. the addition of a new dwelling unit
to an existing over density residential use except as otherwise allowed
by the General Plan); and
c. Reduce the number and size of any required existing parking spaces.
2. Any expansion of floor area or the addition of a new dwelling unit that results in an increase in parking demand, pursuant to Chapter
21.44, shall provide additional parking to satisfy the increase in parking demand, in compliance with the parking requirements of Chapter
21.44.
3. An
existing single family residence which does not meet the required
parking standard (i.e. a two-car garage) may expand floor area if
a minimum of two off-street parking spaces are provided on-site in
a location consistent with Section 21.44.060(4).
B. Repair
or Alteration. A nonconforming residential structure and/or a structure
which is occupied by a nonconforming residential use may be repaired
or altered, provided that the repair or alteration complies with all
current fire protection and building codes and regulations contained
in Titles 17 and 18.
C. Expansion.
1. A nonconforming residential structure and/or a nonconforming residential use may be expanded, so as to occupy a greater area of land or more floor area subject to issuance of all required discretionary and building permits and provided that an application for a nonconforming construction permit is submitted and the City Planner approves the findings of fact pursuant to Section
21.48.080(D).
2. Where
a single-family residential structure is nonconforming only by reason
of substandard yards, the provisions of this chapter requiring a nonconforming
construction permit for an expansion shall not apply provided that:
a. The area of expansion is not more than forty percent of the existing
floor space prior to the enlargement or a maximum of six hundred forty
square feet, whichever is less; and
b. The area of expansion, when combined with prior expansions of the
nonconforming structure, does not exceed forty percent of the floor
space that existed prior to any expansions or six hundred forty square
feet, whichever is less; and
c. The area of expansion shall comply with all current development standards
including, but not limited to, setbacks, lot coverage and height limitations;
and
d. Expansions that exceed the limits of this exception shall require
a nonconforming construction permit.
D. Replacement
in the Event of a Disaster. A nonconforming residential structure
and/or nonconforming residential use that is destroyed by fire, explosion,
or other casualty or natural disaster, may be replaced subject to
issuance of all required discretionary and building permits and provided
that an application for a nonconforming construction permit is submitted
within two years of the date of the disaster and the City Planner
approves the findings of fact pursuant to Section 21.48.080.D. The
City Planner may grant an extension to the above two-year application
submittal limit upon demonstration of good cause by the applicant.
E. Voluntary
Demolition and Subsequent Replacement. A nonconforming residential
structure and/or nonconforming residential use that is proposed to
be voluntarily demolished may be replaced subject to issuance of all
required discretionary and building permits and provided that an application
for a nonconforming construction permit is submitted and the City
Planner approves the findings of fact pursuant to Section 21.48.080.D
prior to the date of the demolition.
(Ord. CS-050 § VI, 2009; Ord. CS-178 §§ XC—XCII,
2012)
A. Specific
Provisions.
1. A
nonconforming nonresidential structure may be continued and the structure
repaired, altered, expanded or replaced in accordance with the provisions
of this chapter provided that the repair, alteration, expansion or
replacement does not:
a. Result in an additional structural nonconformity; and
b. Increase the degree of the existing nonconformity of all or part
of such structure; and
c. Reduce the number and size of any required existing parking spaces.
2. Any expansion of floor area that results in an increase in parking demand, pursuant to Chapter
21.44, shall provide additional parking to satisfy the increase in parking demand.
B. Repair
or Alteration. A nonconforming nonresidential structure may be repaired
or altered subject to issuance of all required discretionary and building
permits, provided that the repair or alteration complies with all
current fire protection and building codes and regulations contained
in Titles 17 and 18.
C. Expansion.
A nonconforming nonresidential structure may be expanded, so as to
occupy a greater area of land or more floor area subject to issuance
of all required discretionary and building permits and provided that
an application for a nonconforming construction permit is submitted
and the City Planner approves the findings of fact pursuant to Section
21.48.080.D.
D. Replacement
in the Event of a Disaster. A nonconforming nonresidential structure
that is destroyed by fire, explosion, or other casualty or natural
disaster, may be replaced subject to issuance of all required discretionary
and building permits and provided that an application for a nonconforming
construction permit is submitted within two years of the date of the
disaster and the City Planner approves the findings of fact pursuant
to Section 21.48.080.D.
E. Voluntary
Demolition and Subsequent Replacement. A nonconforming nonresidential
structure that is proposed to be voluntarily demolished may be replaced
subject to issuance of all required discretionary and building permits
and provided that an application for a nonconforming construction
permit is submitted and the City Planner approves the findings of
fact pursuant to Section 21.48.080.D prior to the date of the demolition.
(Ord. CS-050 § VI, 2009; Ord. CS-178 §§ XCIII—XCV,
2012)
A. Application
and Fees.
1. An
application for a nonconforming construction 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.
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. Notices
and Hearings. Notice of an application for a nonconforming construction
permit shall be given pursuant to the provisions of Sections 21.54.060.B
and 21.54.061 of this title.
C. Decision-Making
Authority.
1. An
application for a nonconforming construction permit may be approved,
conditionally approved or denied by the City Planner based upon his/her
review of the facts as set forth in the application, of the circumstances
of the particular case, and evidence presented at the administrative
hearing, if one is conducted pursuant to the provisions of Section
21.54.060.B.2 of this title.
2. The
City Planner may approve or conditionally approve the nonconforming
construction permit if all of the findings of fact in Section 21.48.080.D
of this title are found to exist.
D. Findings
of Fact.
1. A
nonconforming construction permit shall be granted only if the following
facts are found to exist in regard thereto:
a. The expansion/replacement of the structure and/or use would not result
in an adverse impact to the health, safety and welfare of surrounding
uses, persons or property.
b. The area of expansion shall comply with all current requirements and development standards of the zone in which it is located, except as provided in Section
21.48.050(A)(3) of this chapter.
c. The expansion/replacement structure shall comply with all current
fire protection and building codes and regulations contained in Titles
17 and 18.
d. The expansion/replacement would result in a structure that would
be considered an improvement to, or complementary to and/or consistent
with the character of the neighborhood in which it is located.
E. Announcement of Decision and Findings of Fact. When a decision on a nonconforming construction permit is made pursuant to this chapter, the decision-making authority shall announce its decision in writing in accordance with the provisions of Section
21.54.120 of this title.
F. Effective Date and Appeals. The City Planner's decision on nonconforming construction permits shall become effective unless appealed in accordance with the provisions of Section
21.54.140 of this title.
G. Expiration,
Extensions and Amendments.
1. Expiration of Permit if Not Exercised. The expiration period for an approved nonconforming construction permit shall be as specified in Section
21.58.030 of this title.
2. Extension of Permit if Not Exercised. The expiration period for an approved nonconforming construction permit may be extended pursuant to Section
21.58.040 of this title.
3. Amendment. An approved nonconforming construction permit may be amended pursuant to the provisions of Section
21.54.125 of this title.
(Ord. CS-050 § VI, 2009; Ord. CS-164 §§ 10, 14,
2011; Ord. CS-178 § XCVI,
2012; Ord. CS-212 § 1,
2013)
A. If
a nonconforming use and/or structure is determined by the City Planner
to be adverse to the orderly development of the city and/or to the
public health, safety, or welfare of persons or property, the City
Planner shall schedule a public hearing before the Planning Commission
to establish the conditions of abatement and the abatement period.
The abatement period shall start from the date of the applicable resolution
and shall be:
1. For
All Residential Uses. Not less than one or more than five years.
2. For
All Nonresidential Uses. Not less than one or more than ten years.
3. For
All Nonconforming Structures. Not less than three years or more than
twenty-five years.
4. Nothing in these provisions shall preclude abatement of a nuisance pursuant to Section
6.16.150 of the Carlsbad Municipal Code.
B. Notices
and Hearings. Notice of said public hearing shall be given as required
by Section 21.54.060.A and 21.54.061 of this title.
C. Public
Hearing Evidence.
1. The
Planning Commission shall consider at the public hearing, all pertinent
data to enable it to arrive at an equitable abatement period which
will protect the public health, safety or welfare of persons or property,
yet will allow the owner of record, or lessee if applicable, sufficient
time to amortize their investment.
2. The
owner or lessee shall be allowed to present any evidence related to
the case.
3. When
setting the abatement period, the Planning Commission shall take into
consideration the type of construction, age, condition, and extent
of nonconformity of the structure or use in question; any structural
alterations or expansions; and/or the installation of major equipment
designed into the structure prior to the date of nonconformity.
D. Hearing
Decision. After the close of the public hearing, the Planning Commission
shall determine and establish by resolution the abatement period,
and shall set forth in said resolution all findings and facts upon
which the date of such abatement period is based.
E. Notice
of Decision to Owner. The secretary of the Planning Commission shall
formally notify the owner of the property of the action of the Planning
Commission by mailing a copy of the resolution, via certified return
receipt mail, within ten days following the date of its adoption by
the Planning Commission.
F. Effective Date and Appeals. The above action of the Planning Commission shall become effective unless appealed in accordance with the provisions of Section
21.54.150 of this title.
G. Recordation.
The secretary of the Planning Commission shall transmit a final signed
copy of the resolution of the Planning Commission or City Council,
whichever is final, to the County Recorder of San Diego for recordation.
(Ord. CS-050 § VI, 2009; Ord. CS-178 § XCVI, 2012)