Carlsbad City Zoning Code
CHAPTER 21
40 S-P SCENIC PRESERVATION OVERLAY ZONE
§ 21.40.010 Intent and purpose.
A.
The intent and purpose of the S-P scenic preservation overlay zone is to:
1.
Supplement the underlying zoning by providing additional regulations for development within designated areas to preserve or enhance outstanding views, flora and geology, or other unique natural attributes and historical and cultural resources;
2.
Provide regulations in areas which possess outstanding scenic qualities or would create buffers between incompatible land uses which enhance the appearance of the environment and contribute to community pride and community prestige;
3.
Preserve those areas of the city that provide unique and special open space functions consistent with the underlying permitted use;
4.
Implement the goals and objectives of the general plan;
5.
Provide guidelines for development of certain arterial streets identified as scenic corridors.
(Ord. 9386 § 2, 1974; Ord. 9725 § 1, 1984)
§ 21.40.020 Application.
The S-P scenic preservation overlay zone shall be applied in a uniform manner to those areas within the city which, in the opinion of the City Council, are worthy of preservation because of their outstanding views, flora and geology, or other unique natural attributes and historical and cultural resources. The boundaries of this zone shall be established by the procedures designated in Chapter 21.52. When only a portion of a parcel of land lies within the designated scenic overlay, the provisions of this chapter shall apply only to that portion lying within the scenic overlay boundaries.
(Ord. 9386 § 2, 1974)
§ 21.40.030 Permitted uses and structures.
In the S-P scenic preservation overlay zone any principal use, accessory use, transitional use or conditional use permitted in the underlying zone is permitted subject to the same conditions and restrictions applicable in such underlying zone and to all of the requirements of this chapter and to the development standards provided in Chapters 21.41 and 21.44.
(Ord. 9386 § 2, 1974)
§ 21.40.040 Special use permit.
Unless specifically exempted from the requirements of this chapter, no building permit or other entitlement shall be issued for any development or use in the S-P zone unless there is a valid special use permit approved for the property.
(Ord. 9386 § 2, 1974; Ord. CS-178 § LIX, 2012)
§ 21.40.045 Scenic corridors.
The S-P scenic preservation overlay zone may be applied to arterial streets within the city which the City Council determines are worthy of special treatment in order to improve or protect scenic views and traffic safety along the arterial. The boundaries of the scenic corridor shall be established by the procedures designated in Chapter 21.52. When only a portion of a parcel of land lies within the designated scenic corridor overlay, the provisions of this chapter shall apply only to the portion within the overlay boundaries.
(Ord. 9725 § 2, 1984)
§ 21.40.050 Exceptions.
The following uses are excepted from the special use permit requirements:
(1)
Development of one single-family dwelling unit on a parcel of record as of May 2, 1974;
(2)
Minor modification or alteration of existing structures or buildings which involves new land coverage of less than two hundred square feet and does not increase the height of the existing structure;
(3)
The repair or reconstruction of an existing nonconforming structure that is destroyed by fire or other disaster to no more than fifty percent of the structure's original value.
(Ord. 9386 § 2, 1974; Ord. CS-178 § LX, 2012)
§ 21.40.060 Application and fees.
A.
An application for a special use permit may be made by the owner of the property affected or the authorized agent of the owner. The application shall:
B.
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.
(Ord. 9386 § 2, 1974; Ord. 1256 § 7, 1982; Ord. NS-675 § 76, 2003; Ord. CS-164 § 10, 2011; Ord. CS-178 § LX, 2012)
§ 21.40.070 Notices and hearings.
Notice of an application for a special use permit shall be given pursuant to the provisions of Sections 21.54.060.A and 21.54.061 of this title.
(Ord. 9386 § 2, 1974; Ord. CS-178 § LX, 2012)
§ 21.40.080 Decision-making authority.
Applications for a special use permit shall be acted upon in accordance with the following:
(1)
An application for a special use permit may be approved, conditionally approved or denied by the Planning Commission based upon its review of the facts as set forth in the application, of the circumstances of the particular case, and evidence presented at the public hearing.
(Ord. 9386 § 2, 1974; Ord. 1261 § 45, 1983; Ord. NS-675 § 76, 2003; Ord. CS-164 § 10, 2011; Ord. CS-178 § LX, 2012)
§ 21.40.085 Findings of fact and decision considerations.
A.
Findings of Fact.
1.
The decision-making authority shall not issue a special use permit unless it is found that:
a.
The project is consistent with the purposes of this chapter and all other applicable requirements of this code;
b.
The project is consistent with the general plan, local coastal program, and applicable master or specific plans;
c.
The project will not adversely affect the scenic, historical or cultural qualities of the property.
B.
Decision Considerations.
1.
When making a decision on a special use permit, the decision-making authority may impose specific development standards in accordance with Section 21.40.110 and shall consider the following factors:
a.
When the S-P scenic preservation overlay zone is applied to protect something worth looking at, i.e., a landmark, a civic center, a mountain or an area bounding the main entrance to the city, the development standards of the proposed use should deal with preserving the integrity of that amenity.
b.
When the S-P scenic preservation overlay zone is applied to an area from which there is an outstanding view, i.e., a scenic corridor, the development standards of the proposed use should deal with maintaining those views as much as possible.
c.
Special consideration should be given to preserving the following:
i.
Hillsides, hilltops, valleys, beaches, lagoons and lakes that provide visual and physical relief in the form of natural contrast to the city;
ii.
Open space areas which assist in defining neighborhood, district and city identity;
iii.
Unique topographical features or natural rock outcroppings and other notable landmarks;
iv.
Areas of significant historical value;
v.
Prime vista sites;
vi.
Scenic and historical corridors.
(Ord. CS-178 § LXI, 2012)
§ 21.40.090 Announcement of decision and findings of fact.
When a decision on a special use 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.
(Ord. 9386 § 2, 1974; Ord. 1256 § 7, 1982; Ord. NS-675 § 76, 2003; Ord. CS-164 § 10, 2011; Ord. CS-178 § LXII, 2012)
§ 21.40.095 Effective date and appeals.
Decisions on special use permits shall become effective unless appealed in accordance with the provisions of Section 21.54.150 of this title.
(Ord. CS-178 § LXIII, 2012)
§ 21.40.100 Expiration, extensions and amendments.
§ 21.40.110 Development standards.
Specific development standards may be applied to areas within the S-P scenic preservation overlay zone by specific plan or as part of a special use permit. Such standards shall control notwithstanding the provisions of the underlying zone and may include but are not limited to the following:
(1)
Sign Control. Restrictions on size, content, design and location;
(2)
Underground Utilities. Requiring the undergrounding of utilities when said action is necessary to carry out the intent and purpose of this chapter;
(3)
Landscaping. Prescribing landscaping requirements and review of plans;
(4)
Architectural Treatment. Establishing acceptable architectural motifs and review of plans;
(5)
Setbacks. Establishment of deeper setbacks when necessary to maintain scenic corridor;
(6)
Side Yards. Establishment of wider side yards when providing views through the property;
(7)
Height Limitations. Reducing maximum height limits in order to maximize views from beyond;
(8)
Building Bulk. Restrictions on maximum bulk of buildings to break up solid facade;
(9)
Spacing of Buildings. Requiring off-set spacing of buildings to maximize a prime vista point;
(10)
Other Conditions. Any other regulation or condition necessary to protect the scenic resources of the community consistent with the purposes of this chapter.
(Ord. 9386 § 2, 1974)
§ 21.40.115 Scenic corridor development guidelines.
The City Council shall, by resolution, adopt guidelines for development of property with a scenic corridor overlay. Development within a scenic corridor shall be consistent with the scenic corridor guidelines in addition to complying with the other requirements of the chapter. If compliance with one or more specific standards of the scenic corridor guidelines is infeasible for a particular project, the Planning Commission, or the City Council upon appeal, may grant exceptions to those specific standards; provided, however, that the scenic nature of the corridor and traffic safety are protected to the greatest extent feasible, as outlined in the adopted guidelines.
(Ord. 9725 § 3, 1984)
§ 21.40.117 Contents of scenic corridor guidelines.
The scenic corridor guidelines shall consist of the following:
(1)
A map or description of the boundaries of the corridor area;
(2)
Development guidelines which address the following items:
(A)
Design theme;
(B)
Median break frequency;
(C)
Sidewalk description;
(D)
Sign regulations;
(E)
Building height maximums;
(F)
Grading restrictions;
(G)
Setbacks;
(H)
Street furniture;
(I)
Street light spacing;
(J)
Roof equipment restrictions;
(K)
Other conditions necessary to protect the public safety or scenic resources of the corridor.
The guidelines shall apply to the total length of an arterial within the city limits, however, this length may be divided into appropriate sub-areas for purposes consistent with this chapter. |
(Ord. 9725 § 4, 1984)
§ 21.40.120 Conditions.
The Planning Commission or City Council on appeal may impose such conditions on the applicant and the permit as are determined necessary consistent with the provisions of this chapter.
(Ord. 9386 § 2, 1974)
§ 21.40.135 Coastal zone restrictions.
Within the coastal zone, existing public views and panorama shall be maintained. Through the individualized review process, sites considered for development shall be conditioned so as to not obstruct or otherwise damage the visual beauty of the coastal zone. In addition to the above, height limitations and see-through construction techniques should be employed. Shoreline development shall be built in clusters to leave open areas around them to permit more frequent views of the shoreline. Vista points shall be incorporated as a part of larger projects. The unique characteristics of older communities such as the Carlsbad Village Drive corridor shall be preserved through design requirements which are in accordance with the flavor of the existing neighborhood.
(Ord. NS-365 § 5, 1996)