Carlsbad City Zoning Code
CHAPTER 21
53 USES GENERALLY
§ 21.53.010 All zones subject to this chapter.
The foregoing regulations pertaining to the several zones shall be subject to the general provisions, conditions and exceptions contained in this chapter.
(Ord. 9060 § 1500; Ord. 9804 § 5, 1986)
§ 21.53.015 Voter authorization required for airport expansion.
(a)
The City Council shall not approve any zone change, general plan amendment or any other legislative enactment necessary to authorize expansion of any airport in the city nor shall the city commence any action or spend any funds preparatory to or in anticipation of such approvals without having been first authorized to do so by a majority vote of the qualified electors of the city voting at an election for such purposes.
(b)
This section was proposed by initiative petition and adopted by the vote of the City Council without submission to the voters and it shall not be repealed or amended except by a vote of the people.
(Ord. 9558 § 1, 1980; Ord. 9804 § 5, 1986)
§ 21.53.020 Limitation of land use-Sewer availability.
Except as provided in this title, no building shall be erected, reconstructed or structurally altered, nor shall any building or land be used for any purpose other than is specifically permitted in the same zone in which such building or land is located. Any rights heretofore granted for such development by Title 21 are qualified and made subject to Chapter 18.05 of this code. Notwithstanding the zoning which applies to any property within the city, that property may not be developed unless it is determined that a sewer is available to serve such development and the City Council approves issuance of permits therefor pursuant to a sewer allocation system as the city may adopt.
(Ord. 9060 § 1501; Ord. 9508 § 1, 1978; Ord. 9538 § 1, 1979; Ord. 9804 § 5, 1986)
§ 21.53.030 Limitation on issuance of building permit.
No building permit shall be issued for any building or structure to be erected on a lot having less than twenty feet frontage on a dedicated public street or a public dedicated easement accepted by the city or on a lot situated at the terminus of a street that should be extended. Where the panhandle or flag-shaped portion of a lot is adjacent to the same portion of another such lot, the required minimum frontage on such street or easement shall be fifteen feet provided a joint easement ensuring common access to both such portions is agreed upon by the owners of such lots and recorded. The City Council based on a report from the City Engineer may grant an exception to the limitations of this section for lots situated at the terminus of a street that should be extended.
(Ord. 9060 § 1501(1); Ord. 9073 § 2; Ord. 9467 § 4, 1976; Ord. 9804 § 5, 1986)
§ 21.53.040 Clarification of ambiguity.
If ambiguity arises concerning the appropriate classification of a particular use within the meaning and intent of this title, or if ambiguity exists with respect to matters of height, yard requirements, area requirements or zone boundaries, as set forth in this title and as they may pertain to unforeseen circumstances, including technological changes in processing of materials, it shall be the duty of the City Planner to make an interpretation and thereafter such interpretation shall govern.
(Ord. 9060 § 1502; Ord. 9804 § 5, 1986; Ord. CS-178 § C, 2012)
§ 21.53.050 Use control in reclassified precise plan.
In order to assure that the purpose and provisions of a formally adopted precise plan of record shall be conformed to, the land reclassified within any precise plan shall be limited exclusively to such uses as are permitted in the zone to which it is classified. Uses shown on such precise plan, including automobile parking, shall conform to such precise plan, even though such use, or uses, are not otherwise specifically classified by this title as permissible in any given zone.
(Ord. 9060 § 1503; Ord. 9804 § 5, 1986)
§ 21.53.060 Indicated potential classifications.
All potential zoning as presently delineated on the zoning map is removed.
(Ord. 9060 § 1504; Ord. 9110 § 1; Ord. 9114 § 1; Ord. 9804 § 5, 1986)
§ 21.53.070 Translating potential classifications to permissible use.
Types of land use indicated by circumscribed symbols within areas identified on the zoning map by a dashed line may be activated and made permissible uses by the adoption of a precise plan of design for the area. Such precise plan shall be adopted as a part of the proceedings for the reclassification of property to the indicated potential zone as provided in Chapter 21.52 and the map adopted thereby shall constitute an amendment to the zoning map. This precise plan shall by map, diagram or test, or all of them, indicate boundaries, design, arrangement and dimensions of any streets, alleys, parking areas, building sites and similar features pertinent to precise zoning. The comprehensive provisions of such precise plan shall take precedence over the individual provisions of this title covering subjects such as parking, yards, etc.
(Ord. 9060 § 1505; Ord. 9804 § 5, 1986)
§ 21.53.080 Public utilities.
The provisions of this title shall not be construed to limit or interfere with the installation, maintenance and operation of mutual water companies or public utility pipe lines and electric or telephone transmission lines, or railroads, when located in accordance with the applicable rules and regulations of the Public Utilities Commission of the State of California within rights-of-way, easements, franchises or ownerships of such public utilities.
(Ord. 9060 § 1506; Ord. 9804 § 5, 1986)
§ 21.53.084 Keeping of dogs, cats and household pets.
Ordinary household pets, including, but not limited to, dogs and cats, may be kept in any zone. Not more than three adult dogs or cats in any combination are permitted for each dwelling unit, together with offspring under four months of age. Such keeping shall conform to the requirements of Chapters 7.04 and 7.08.
(Ord. 9502 § 9, 1978; Ord. 9804 § 5, 1986)
§ 21.53.085 Wild animals.
In zones where the keeping of wild animals is permitted, a wild animal may be kept, provided a wild animal permit has been issued for it by the state and provided the keeping of such wild animal does not constitute the establishment or maintenance of a private zoo, as defined in Section 21.04.400 of this title. Private zoos may be established or maintained only as permitted by the underlying zone.
(Ord. 9501 § 3, 1978; Ord. 9804 § 5, 1986; Ord. 5072 § 3, 1986; Ord. CS-178 § CI, 2012)
§ 21.53.090 Temporary real estate office.
In any newly created subdivision, the subdivider or assignee may operate a temporary real estate office for the purpose of selling lots in the subdivision only. Such use shall cease no later than the date of the close of escrow of the final home in the subdivision.
(Ord. 9060 § 1507; Ord. 9186 § 1; Ord. 9804 § 5, 1986; Ord. CS-178 § CI, 2012)
§ 21.53.110 Temporary construction buildings.
Temporary structures for the housing of tools and equipment, or containing supervisory offices in connection with major construction on major construction projects may be established and maintained during the progress of such construction on such project and shall be abated within sixty days after completion, or sixty days after cessation of work.
(Ord. 9060 § 1509; Ord. 9804 § 5, 1986)
§ 21.53.120 Affordable housing multi-family residential projects-Site development plan required.
A.
Site Development Plan Requirement.
1.
Notwithstanding anything to the contrary in this code, no building permit or other entitlement shall be issued for any multifamily residential development having more than four dwelling units or an affordable housing project of any size unless a site development plan has been approved for the project. The site development plan shall be processed pursuant to the provisions of Chapter 21.06 of this title.
B.
Development Standards.
1.
The development (both for multifamily residential and affordable housing) shall be subject to the development standards of the zone in which the development is located and/or any applicable specific or master plan except for affordable housing projects as expressly modified by the site development plan. The site development plan for affordable housing projects may allow less restrictive development standards than specified in the underlying zone or elsewhere provided that the project is in conformity with the general plan and adopted policies and goals of the city, it would have no detrimental effect on public health, safety and welfare, and, in the coastal zone, any project processed pursuant to this chapter shall be consistent with all certified local coastal program provisions, with the exception of density. The decision-making authority for the site development plan and any other associated permits, other than coastal development permits, shall require only objective requirements that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official before submittal. These standards shall be consistent with the Zoning Ordinance, General Plan, any applicable Master or Specific Plan, certified Local Coastal Program, and the Government Code of the State of California.
(Ord. 9767 § 1, 1985; Ord. 9804 § 5, 1986; Ord. 9826 § 1, 1987; Ord. NS-207 § 6, 1992; Ord. NS-402 § 7, 1997; Ord. NS-753 § 2, 2005; Ord. CS-178 § CII, 2012; Ord. CS-422, 5/10/2022; Ord. CS-470, 4/16/2024)
§ 21.53.130 Satellite television antenna-Purpose.
The purpose and intent of Sections 21.53.130 through 21.53.150 promulgating satellite television antenna regulations are to set forth clearly defined health, safety or aesthetic objectives of the city which do not operate to impose unreasonable limitations on, or prevent, reception of satellite-delivered signals by antennas or to impose costs on the users of such antennas that are excessive in light of the purchase and installation cost of the equipment, while recognizing that the following standards are necessary and important in preserving the health, safety or aesthetic qualities of the community and various zones in which satellite television antennas are to be located. The further intent and purpose of Sections 21.53.130 through 21.53.150 is to promote the orderly and aesthetically pleasing installation and use of satellite television antennas in all zones while prohibiting to the maximum extent possible unsightly antennas not screened from public view or located in areas where they present the least intrusive appearance to the neighborhood, community and the public.
(Ord. NS-100 § 2, 1990)
§ 21.53.140 Satellite television antenna-Generally.
(a)
Satellite television antennae, as defined in Section 21.04.302, are permitted in all zones subject to the provisions of this section and the provisions of the underlying zone. Satellite television antennae less than thirty inches in diameter are permitted in any zone and are not subject to the requirements of this section, provided that such antennae are attached to a permitted main or accessory structure on the lot.
(b)
Any satellite antenna erected without an approved satellite antenna permit shall be charged an investigation fee, in addition to the permit fee, which shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee required by this chapter. The payment of such investigation fee shall not exempt the property owner or applicant from compliance with all other provisions of this chapter nor from any penalty prescribed by this code.
(c)
"Antenna Height" Defined. The height of the antenna or dish shall be measured vertically from the highest point of the structure when positioned for operation to the bottom of the base at either roof or ground level whichever is applicable.
(d)
Residential Zone Restrictions. Satellite television antennae shall be considered as accessory to the main structure and shall be permitted in all residential zones subject to the following limitations.
(1)
The antenna shall be ground-mounted.
(2)
The antenna shall be located within the rear or side yard only; on corner lots the antenna shall not be located on the street side yard.
(3)
The antenna shall not exceed fifteen feet in height.
(4)
The antenna shall not be permitted on properties which have been designated as historic sites.
(5)
The antenna shall be screened from adjacent properties and public view by a wall, fence, hedge or appropriate plant or landscape material between the antenna and the property line so that no more than twenty-five percent of the antenna extends above the top of the screening material. The proposed antenna screening shall be subject to the review and approval of the City Planner.
(6)
The antenna shall be located at least four feet from any property line.
(7)
No more than one satellite television antenna shall be permitted per lot.
(8)
The antenna shall not exceed ten feet in diameter.
(e)
Commercial and Industrial Zone Restrictions. Satellite television antennae shall be considered as accessory to the main structure and shall be permitted in all commercial and industrial zones subject to the following limitations:
(1)
Ground-mounted antenna.
(A)
Ground-mounted antenna shall be located in the rear fifty percent of the lot.
(B)
The antenna shall not exceed twenty feet in height.
(C)
The antenna shall not be used as a sign or contain any advertising copy.
(D)
The antenna shall be screened from adjacent properties and public view by a wall, fence, hedge or other appropriate plant or landscape material between the antenna and the property line so that no more than twenty-five percent of the antenna extends above the top of the screening material.
(E)
The antenna shall not be located in any required parking area.
(2)
Roof-mounted antenna may be permitted subject to the following limitations.
(A)
Roof-mounted antenna shall not exceed fifteen feet in height; provided, however, that in no event shall the antenna extend more than five feet above the permitted height of building upon which it is located.
(B)
Roof-mounted antennae shall be screened by recessing the antenna into the roof line or by constructing a screen out of similarly textured roofing or exterior wall material as the structure upon which it is located so that the antenna is not visible at ground level.
(3)
No more than one satellite television antenna shall be permitted per lot; provided, however, that additional antennae may be permitted by the City Planner if there is more than one use on a lot which cannot feasibly be served by a single antenna.
(A)
In the PM, CM and M zones, more than one satellite antenna per use may be permitted with a minor conditional use permit. Installation of said antennae shall comply with subsections (e)(1) and (2) listed above.
(4)
The provisions of this subsection shall apply to hotels and motels located in residential zones.
(5)
The provisions of this subsection shall not apply to satellite television antenna used by and located upon the property of a commercial cable television operator franchised by the city.
(f)
Exception—Planned Unit Developments and Condominiums. Provisions of this section shall apply to residential planned developments, planned unit developments or condominiums; provided, however, that roof-mounted antennae may be allowed as part of the planned development permit for the project.
(g)
Agricultural Zone Restrictions. Satellite television antennae shall be considered as accessory to the main structure or use on the property and shall be permitted subject to the following limitations:
(1)
The antenna shall be ground-mounted.
(2)
The antenna shall be located at least four feet from any property line.
(3)
The antenna shall not exceed 20 feet in height.
(4)
The antenna shall be screened from public view by a wall, fence, hedge, or other appropriate plant or landscape material between the antenna and the property line so that no more than 25% of the antenna is visible above the screening material.
(h)
Public Utility Zone Restrictions. Satellite television antennae shall be considered a permitted accessory use in the public utility zones.
(i)
Nonconforming Antennae. Any satellite television antenna erected prior to the effective date of the ordinance codified in this chapter shall be brought into compliance with the provisions of this section no later than one year after the effective date of that ordinance.
(j)
Whenever a discretionary permit is required for construction of a project, the satellite antenna permit may be consolidated with the discretionary permit.
(k)
Nothing in this section shall be construed to eliminate or change the requirement for a conditional use permit for radio or television transmitters.
(Ord. 9785 § 24, 1986; Ord. 9804 § 5, 1986; Ord. NS-19 § 2, 1988; Ord. NS-100 §§ 3—6, 1990; Ord. CS-164 § 10, 2011; Ord. CS-224 § XXXIX, 2013; Ord. CS-334 § 11, 2018)
§ 21.53.150 Satellite television antenna-Waiver or modification of standards.
If, after application of the standards set forth in Section 21.53.140, a satellite antenna cannot be physically located on the applicant's property or would result in the imposition of unreasonable costs considering the purchase and installation of the equipment, then the City Planner shall waive or modify the standard(s), but only to the extent necessary to allow the installation of one satellite television antenna to be located on the applicant's property in such a place and manner as to present the least impact on aesthetics from the neighboring properties, neighborhood and public taking into account all the remaining health, safety or aesthetic regulations set forth in that section.
(Ord. NS-100 § 7, 1990; Ord. CS-102 § CII, 2010; Ord. CS-164 § 10, 2011)
§ 21.53.230 Residential density calculations, residential development restrictions on open space and environmentally sensitive lands.
(a)
For the purposes of Titles 20 and 21 of this code, residential density shall be determined based on the number of dwelling units per developable acre of property.
(b)
Undevelopable Lands.
(1)
The following lands are undevelopable and shall be excluded from density calculation:
(A)
Beaches;
(B)
Permanent bodies of water;
(C)
Floodways;
(D)
Natural slopes with an inclination of greater than 40% except as permitted pursuant to Section 21.95.140(B) of this code;
(E)
Significant wetlands;
(F)
Significant riparian or woodland habitats;
(G)
Land subject to major power transmission easements;
(H)
Railroad track beds;
(2)
The following lands are undevelopable but may be included in density calculation, unless such lands meet any of the criteria listed subsection (b)(1) above.
(c)
No residential development shall occur on any property listed in subsection (b). Subject to the provisions of Chapters 21.33 and 21.110, the City Council may permit limited development of such property if, when considering the property as a whole, the prohibition against development would constitute an unconstitutional deprivation of property. The Planning Commission or City Council, whichever is the final decision-making body for a residential development may permit accessory facilities, including, but not limited to, recreational facilities, view areas, and vehicular parking areas, to be located in floodplains (subject to Chapter 21.110) and on land subject to major power transmission easements.
(d)
No more than 50% of the portion of a site containing 25% to 40% slopes may be utilized for calculating allowable residential density. Residential development on slopes with an inclination of 25% to 40%, inclusive, shall be designed to minimize the amount of grading necessary to accommodate the project. For projects within the coastal zone, the grading provisions of the Carlsbad local coastal program and Chapters 21.38 and 21.203 of the municipal code shall apply.
(e)
The potential unit yield for a property, based on the minimum, growth management control point (GMCP), or maximum density of the applicable general plan land use designation, shall be subject to the following:
(3)
The information contained in Table A, below, shall not preclude the city from approving residential densities above the GMCP, or maximum density of the applicable land use designation, subject to adopted city policies and regulations.
Table A Unit Yield Rounding | ||
|---|---|---|
Density Used for Calculation | Unit Yield Includes a | Provisions for Unit Yield Rounding |
Minimum | fractional unit of 0.5 or greater | SHALL be rounded-up1 |
fractional unit below 0.5 | MAY be rounded-down2 | |
GMCP | fractional unit of 0.5 or greater | MAY be rounded-up3 |
fractional unit below 0.5 | SHALL be rounded-down | |
Maximum | fractional unit | SHALL be rounded-down |
Notes: | |
|---|---|
1 | Unless the project density is allowed below the minimum of the density range, pursuant to the general plan. |
2 | Unit yields rounded-down pursuant to this provision that result in a density below the minimum density of the applicable land use designation shall be considered consistent with the general plan. |
3 | Subject to a fractional and/or whole unit allocation from the "excess dwelling unit bank" and provided the maximum density of the applicable land use designation is not exceeded. |
(Ord. 9795 § 1, 1986; Ord. NS-446 § 2, 1998; Ord. NS-524 § 6, 2000; Ord. NS-753 §§ 3, 4, 2005; Ord. CS-171 § 1, 2012; Ord. CS-178 § CIII, 2012; Ord. CS-287 § 7, 2015; Ord. CS-432, 9/27/2022)
§ 21.53.240 Nonresidential development restrictions on open space and environmentally sensitive lands.
Nonresidential development shall be designed to avoid development on lands identified in Section 21.53.230.
(Ord. 9795 § 2, 1986)
§ 21.53.250 On-shore oil and gas facilities.
In all zones except C-M, M and P-M on-shore oil and gas facilities including, but not limited to, processing plants, refineries, storage facilities, transfer stations, pipelines, warehouses, offices, tanker terminals, helicopter pads and the like are prohibited.
(Ord. NS-87 § 2, 1989)
§ 21.53.260 Small wireless facilities (SWF).
A.
Small wireless facilities shall comply with all applicable city requirements and the certified local coastal program. An application for an SWF located on public or private property may be processed as a building permit, and an application for an SWF located within the public right-of-way of roads may be processed as a right-of-way permit. For an SWF located in the coastal zone, a coastal development permit may be required pursuant to Chapter 21.201.
(Ord. CS-432, 9/27/2022; Ord. CS-470, 4/16/2024)