Carlsbad City Zoning Code
CHAPTER 21
09 R-E RURAL RESIDENTIAL ESTATE ZONE
§ 21.09.010 Intent and purpose.
The intent of the R-E zone is to provide a residential area in harmony with the natural terrain and wildlife. Where feasible or desirable, there are to be large open areas between structures, large yards and areas left in a natural setting. The zones shall be limited to single-family development, with incidental and compatible agricultural uses. Public facilities shall be sufficient to provide for convenience and safety, but need not meet full city standards.
(Ord. 9498 § 4, 1978)
§ 21.09.020 Permitted uses.
A.
In an R-E zone, notwithstanding any other provision of this title, only the uses listed in Table A, below, shall be permitted, subject to the requirements and development standards specified by this chapter, and subject to the provisions of Chapter 21.44 of this title governing off-street parking requirements.
B.
The uses permitted by conditional use permit, as indicated in Table A, shall be subject to the provisions of Chapter 21.42 of this title.
C.
A use similar to those listed in Table A may be permitted if the City Planner determines such similar use falls within the intent and purposes of the zone, and is substantially similar to the specified permitted uses.
Table A Permitted Uses |
|---|
In the table, below, subject to all applicable permitting and development requirements of the municipal code: |
"P" indicates the use is permitted. (See note 6 below) |
"CUP" indicates that the use is permitted with approval of a conditional use permit. (See note 6 below) |
1 = Minor Conditional Use Permit (Process One), pursuant to Chapter 21.42 of this title. |
2 = Conditional Use Permit (Process Two), pursuant to Chapter 21.42 of this title. |
3 = Conditional Use Permit (Process Three), pursuant to Chapter 21.42 of this title. |
"Acc" indicates use is permitted as an accessory use. |
Use | P | CUP | Acc |
|---|---|---|---|
X | |||
Animals and poultry — small (≤25) | 1 | ||
Apiary/bee keeping (subject to Section 21.42.140(B)(5)) | 1 | ||
Aquaculture (defined: Section 21.04.036) | 2 | ||
Aviary | 1 | ||
Barns, private garages, playhouses, windmills, silos, radio and television receiving antennas, stables and other similar accessory uses required for the conduct of the permitted uses | X | ||
Biological habitat preserve (subject to Section 21.42.140(B)(30); defined: Section 21.04.048) | 2 | ||
Campsites (overnight) (subject to Section 21.42.140(B)(40)) | 2 | ||
Cemeteries | 3 | ||
Churches, synagogues, temples, convents, monasteries and other places of worship | 2 | ||
Crop production | X | ||
Drive-thru facilities (not restaurants) | 2 | ||
Educational institutions or schools, public/private (defined: Section 21.04.140) | 2 | ||
Employee housing (serving six or fewer persons) | X | ||
Fairgrounds | 3 | ||
X | |||
X | |||
Farmworker housing complex, small (subject to Section 21.10.125; defined: Section 21.04.148.4) | X | ||
Floriculture | X | ||
Golf courses | 3 | ||
Grazing of ruminant animals (see note 1 below) | X | ||
Greenhouses > 2000 square feet (subject to Section 21.42.140(B)(70)) | 1 | ||
Greenhouses less than or equal to two thousand square feet, provided all requirements for yards, setbacks and height are met | X | ||
Group homes (serving six or fewer persons and requiring state licensing) (defined: Section 21.04.163) | X | ||
Group homes (state licensing not required) (defined: Section 21.04.163) | X | ||
Group homes (serving seven or more persons and requiring state licensing) (defined: Section 21.04.163) | X | ||
Hay and feed store | 1 | ||
Horses and other grazing animals (see note 2 below) | X | ||
X | |||
Maintaining mail address for commercial and business license purposes only (see note 3 below) | X | ||
Mobile buildings (subject to Section 21.42.140(B)(90); defined: Section 21.04.265) | 2 | ||
Mobile homes (see note 4 below) | X | ||
One one-family dwelling unit per lot | X | ||
Packing/sorting sheds > 600 square feet (subject to Section 21.42.140(B)(70)) | 1 | ||
Plant nurseries and nursery supplies | 1 | ||
Poultry, rabbits, chinchillas and other small animals (see note 5 below) | X | ||
Produce stand | 1 | ||
Public/quasi-public buildings and facilities and accessory utility buildings/facilities (defined: Section 21.04.297) | 2 | ||
Recreation facilities | 2 | ||
Residential care facilities (serving six or fewer persons) (defined: Section 21.04.300) | X | ||
Residential care facilities (serving seven or more persons) (defined: Section 21.04.300) | X | ||
Satellite television antennae (subject to Section 21.53.130) | X | ||
Signs (subject to Chapter 21.41; defined: Section 21.04.305) | X | ||
Stables/riding academics (defined: Sections 21.04.310 and 21.04.315) | 2 | ||
Supportive housing (defined: Section 21.04.355.1) | X | ||
Transitional housing (defined: Section 21.04.362) | X | ||
Veterinary clinic/animal hospital (small animals) (defined: Section 21.04.378) | 1 | ||
Wireless communication facilities (subject to Section 21.42.140(B)(165); defined: Section 21.04.379) | 1 / 2 | ||
Youth farm projects that are sponsored by nonprofit organizations such as 4-H | X | ||
Zoos (private) (subject to Section 21.42.140(B)(170); defined: Section 21.04.400) | 2 |
Notes: | |
|---|---|
1. | Provided that there is a minimum of ten acres of land used exclusively for such grazing and the number of horses and cattle does not exceed four per acre, or small animals, such as goats and sheep, does not exceed twelve per acre. For combining of animals, one large animal is equivalent to three small animals. |
2. | Provided that such animals shall not exceed one for each twenty thousand square feet of land specifically designated for such animal. |
3. | Provided no stock in trade, supplies, professional equipment, apparatus or business equipment, except such as are accessory to a permitted use, are kept on the premises; and provided that no employees or assistants are engaged for services on the premises except in connection with uses specifically listed as permissible in this chapter; provided, further, that no more than one motor vehicle may contain equipment, tools and stock in trade maintained therein, provided such tools and equipment are not used for the performance of services upon the premises and the stock in trade is not sold from the premises. |
4. | |
5. | Provided that all such animals shall at all times be confined to an enclosure, and that not more than twenty-five of any one animal or combination of such animals may be maintained at any time on any single lot. |
6. | |
(Ord. 9498 § 4, 1978; Ord. 9599 § 1, 1981; Ord. 9674 § 2, 1983; Ord. 9785 § 4, 1986; Ord. 9804 § 6, 1986; Ord. NS-409 § 4, 1997; Ord. NS-791 § 10, 2006; Ord. CS-102 §§ XIII—XV, 2010; Ord. CS-164 § 10, 2011; Ord. CS-189 § VIII, 2012; Ord. CS-191 § VI, 2012; Ord. CS-224 §§ V, VI, 2013; Ord. CS-249 § IV, 2014; Ord. CS-324 § 6, 2017; Ord. CS-384 §§ 10, 12, 2020; Ord. CS-432, 9/27/2022; Ord. CS-448, 6/6/2023)
§ 21.09.050 District requirements.
The R-E zone shall not be applied to any area of less than ten acres of contiguous land. Property separated by a public street shall be considered contiguous if more than one hundred feet of frontage is on direct opposite sides of the street.
(Ord. 9498 § 4, 1978)
§ 21.09.060 Storage requirements.
Storage of all equipment, supplies and recreation vehicles shall be within enclosed buildings or shall be shielded from view from public streets or easements by landscape barrier or other methods.
(Ord. 9498 § 4, 1978)
§ 21.09.070 Building height.
No building in the R-E zone shall exceed a height of thirty-five feet.
(Ord. 9498 § 4, 1978)
§ 21.09.075 Fire-retardant roof required.
All buildings in the R-E zone shall be constructed with a fire-retardant roof covering, as defined in Section 3203(e) of the 1976 edition of the Uniform Building Code.
(Ord. 9498 § 4, 1978)
§ 21.09.080 Front yard.
Every lot in the R-E zone shall have a front yard which has a depth of not less than seventy feet. Buildings or structures may occupy a portion of the front yard, as follows:
(1)
Fences of wood or wood and masonry combination, chain link or equal quality, not to exceed five feet in height, provided the fence is at least fifty percent open and is located at least ten feet from the front property line;
(2)
Roofed shelter for animals, open on at least three sides, provided it is located at least twenty feet from any property line fronting on a public street or easement;
(3)
The Planning Commission may approve the construction of dwellings and garages provided they are located at least twenty feet from the street property line in cases where the difference in elevation of the required front yard setback line and the center line of the street exceed fifteen feet. Application for such reduction in required front yard setback shall be made by site development plan, as provided in Chapter 21.06.
(Ord. 9498 § 4, 1978)
§ 21.09.090 Side yard.
In an R-E zone, an interior side yard shall not be less than fifteen feet in width and street side yard shall not be less than fifty feet in width. The Planning Commission may approve the construction of dwellings and garages, provided they are located at least twenty feet from the street side yard property line in cases where the difference in elevation of the required street side yard setback line and the center line of the street exceeds ten feet. Application for such reduction in required street side yard setback shall be made by site development plan as provided in Chapter 21.06.
(Ord. 9498 § 4, 1978)
§ 21.09.100 Placement of buildings.
Placement of buildings on any lot shall conform to the following, except as otherwise stated for accessory dwelling units (or junior accessory dwelling units where permitted) pursuant to Section 21.10.030:
(2)
Any building, any portion of which is used for human habitation, shall observe a distance from any rear property line the equivalent of twice the required interior side yard.
(3)
The distance between buildings used for human habitation and detached accessory buildings shall not be less than ten feet.
(4)
The keeping of all domestic animals provided for in this chapter shall conform to all other provisions of law governing the same, and no pen, coop, stable or barn shall be erected within forty feet of any building used for human habitation or within twenty-five feet of any property line.
(5)
A building permit for a dwelling unit to be located further than five hundred feet from a fire hydrant shall not be issued without the approval of the Fire Chief. The Fire Chief may require the installation of additional safety equipment, including fire hydrants or stand pipes, as a condition of such approval.
(Ord. 9498 § 4, 1978; Ord. CS-324 § 7, 2017; Ord. CS-384 § 13, 2020)
§ 21.09.110 Minimum lot area.
The minimum required area of a lot in the R-E zone shall be determined by average natural slope of each lot proposed for the property. In no case shall a lot be created with an area of less than one acre. The area of a lot shall be determined by the application of the following formula:
(1)
Lot area requirements shall be as follows:
Average Natural Slope | Minimum Lot Size |
|---|---|
0% to 12.5% | 1 acre |
12.5% to 20% | 2 acres |
20% to 25% | 3 acres |
Over 25% | 4 acres |
(2)
Average natural slope shall be determined when the property is subdivided. The subdivision map shall indicate the proposed boundaries of each lot and the natural slope of each lot. To calculate average natural slope, the subdivision map shall be drawn to an appropriate scale (not greater than one inch equals two hundred feet) and contain contour intervals not greater than five feet. Computation of the average natural slope shall be done using the following formula:
S = 0.00229 × I × L A |
where: | S = Average natural slope in percent |
I = Contour interval in feet | |
L = Length of contour in feet | |
A = Acres of area being measured | |
0.00229 = Constant which converts square feet into acres and expresses slope in percent | |
The average natural slope shall be certified by a registered civil engineer. | |
(3)
When the subdivision is approved and recorded, the lot areas contained therein shall be a part of the zoning restrictions imposed on the subject property by this chapter.
(Ord. 9498 § 4, 1978)
§ 21.09.120 Lot width.
(1)
In the R-E zone, every lot created shall have a minimum lot width of one hundred feet.
(2)
The official or decision-making body with the authority to otherwise approve the subdivision may approve panhandle or flag-shaped lots where the lot width and yards shall be measured as follows.
(A)
The buildable portion of the lot, which is the total area minus that portion containing the access portion (handle), shall meet the minimum area requirements of the R-E zone.
(B)
The width requirement for the buildable portion of the lot shall be as required for lots in the R-E zone.
(C)
The yard requirements of the R-E zone shall be met, except that front yard setbacks may be reduced to thirty feet.
(D)
The minimum width of the access portion shall be twenty-four feet, except where the access portion is adjacent to the same portion of another such lot, in which case the required minimum width shall be fifteen feet, provided a joint easement ensuring common access of a minimum width of thirty feet to both such portions is recorded.
(E)
An improved driveway shall be provided within the access portion of the lot from a public street or public easement to the parking area on the buildable portion of the lot which is at least fourteen feet wide for single lots and twenty feet wide when serving more than one lot. The minimum overhead clearance shall be ten feet. The driveway shall be constructed of two inch thick asphalt concrete paving on a proper base with rolled edges.
(F)
Each lot shall have at least three nontandem parking spaces, with an approach not less than twenty-four feet in length, with proper turnaround space to permit complete turnaround for forward access to the street. This parking and access arrangement shall be designated to the satisfaction of the City Engineer.
(G)
Structures permitted in the access portion of the lot shall be limited to mailboxes, fences, gates, trash enclosures, landscape containers and nameplates. Except for mailboxes, these structures shall not be greater than forty-two inches in height if located within twenty feet of the street property line or greater than six feet in height beyond this point.
(H)
The property owner of such a lot shall agree to hold the city or any other public service agency harmless from liability for any damage to the driveway when being used to perform a public service.
(Ord. 9498 § 4, 1978; Ord. 1256 § 7, 1982; Ord. NS-675 §§ 19, 20, 2003; Ord. CS-178 § VIII, 2012)
§ 21.09.130 Lot coverage.
All buildings including accessory buildings and structures, excluding greenhouses, shall not cover more than twenty percent of the area of the lot.
(Ord. 9498 § 4, 1978)
§ 21.09.140 Parking.
Notwithstanding parking requirements of Chapter 21.44, not fewer than two off-street parking spaces shall be provided for each residence. The required two spaces shall be covered by a garage or carport, and the driveway adequately paved with either concrete or asphalt cement prepared over adequate base.
(Ord. 9498 § 4, 1978; Ord. NS-283 § 13, 1994; Ord. CS-324 § 2, 2017; Ord. CS-449, 6/6/2023)
§ 21.09.150 Subdivision of land.
The subdivision of land in the R-E zone shall be subject to the following:
(2)
In addition, the City Council will review the tentative map for compliance with the intent and purpose of the R-E zone and with the following standards:
(A)
Preservation of the rural and natural characteristics of the area within the R-E zone;
(B)
That the orientation of improvements on the individual sites to relate with the natural topography;
(C)
Property lines shall be designed in keeping with the terrain by following natural drainage courses, ridge lines and tops of graded slopes, wherever practicable;
(D)
Grading shall be minimized but, where grading is necessary, it is to blend with the natural topography wherever practicable;
(E)
Favorable features of the individual sites (i.e., mature trees and other significant vegetation, rock outcroppings, mounds, view, etc.) can be preserved and maximized;
(F)
The individual sites will have a desirable visual appearance from all practical view points, adjoining developments, streets, trails and other view corridors; and
(G)
Each lot of the subdivision is buildable with usable access without undue alteration of the terrain.
(3)
To facilitate this review, the applicant shall submit a preliminary grading plan to the city with the tentative map. The preliminary grading plan shall show existing topography, preliminary grading, drainage, drives, building pads, streets and trails. In addition, the preliminary grading plans shall indicate all areas of mature trees and native perennial vegetation.
(Ord. 9498 § 4, 1978)
§ 21.09.160 Modifications of public improvements.
(a)
All public facilities, dedications and improvements shall be required in accord with this code and adopted policies and standards of the city; however, as hereinafter provided, the City Engineer may modify certain special public improvement standards provided the design of these modified improvements is related to the function, topography and needs of the area. Any such modifications shall be reflected as conditions of approval to a tentative subdivision map.
(b)
Street improvements and dedications for streets inside subdivisions may be modified as follows:
(1)
All or part of the required sidewalks, curbs, gutters or drainage structures may be waived or modified if it is found that such improvements are unwarranted and would distract from the rural character of the area. If such requirements are waived, the City Engineer may require that drainage easements and/or drainage releases be made part of the tract map to ensure proper drainage over private property.
(2)
Horizontal and vertical alignment standards may be modified or waived to reduce grading. In such cases, an adequate right-of-way shall be provided to accommodate possible future corrections to meet city standards.
(3)
The City Council shall have the option of requiring that street right-of-way be privately maintained under a property owners' association or may accept an offer of dedication. If privately owned, the streets shall be open to the public by easement.
(c)
Public sewer systems shall be required to serve each lot in the R-E zone unless specifically waived by the City Council. Such waiver shall be conditioned on the installation of an alternative sewer disposal system permitted by this code and found by the City Council to be feasible for each lot. The determination of the adequacy of such alternate system shall be based on detailed soils testing on each existing or proposed lot as provided for by the county health department. If an alternate system is approved, the subdivider shall prepare plans for a future public sewer system as a backup system. Dedication of all easements necessary to construct such a backup public sewer system shall be required as a condition of final map approval.
(d)
Any modification pursuant to this section shall not relieve the subdivider from providing public facilities, dedications and improvements that also provide services necessary for the welfare of the general public, as required by the general plan, applicable specific plans or city ordinances or policies.
(Ord. 9498 § 4, 1978; Ord. NS-602 § 3, 2001)
§ 21.09.170 Covenants, conditions and restrictions.
The filing of a tentative map in an R-E zone shall include the submittal of proposed private deed covenants, conditions and restrictions. As a minimum these documents shall include the following provisions:
(1)
Lots in the R-E zone may not be resubdivided.
(2)
Minimum floor area for dwelling units shall be included.
(3)
Provisions for the maintenance of private property, including private streets, pedestrian and equestrian trails and open areas, are in a manner consistent with the purposes of this zone.
(4)
The city shall be a party.
(5)
The covenants, conditions and restrictions may not be amended without the approval of the City Council. They must be approved by the City Council prior to approval of the final map and they must be recorded.
(Ord. 9498 § 4, 1978)
§ 21.09.180 Findings required for rezoning or resubdivision to a more intensive use.
Once an R-E zone has been adopted and subdivisions have occurred under the provisions of this chapter, no rezoning or resubdivision to a more intensive use may be granted on any lot without a finding by the City Council, in addition to all other findings required by law, that an improvement district has been formed which will provide for the financing of the improvements necessary to bring all public improvements, on-site and off-site, to full city standards and specifications applicable at the time of such rezoning, or that said improvements have otherwise been provided. This restriction shall be made a part of the covenants, conditions and restrictions required by Section 21.09.170.
(Ord. 9498 § 4, 1978)
§ 21.09.190 Development standards.
No one-family dwelling unit, whether it be conventionally built, modular or a mobile home, shall be located on a lot in this zone unless such dwelling unit complies with the following development standards:
(1)
Garage(s), which are provided to meet the parking requirements for dwellings pursuant to Section 21.44.020 of this title, shall be architecturally integrated with and have an exterior similar to the dwelling unit.
(2)
All dwelling units shall have a permanent foundation. For mobile homes a foundation system installed pursuant to Section 18551 of the State Health and Safety Code shall satisfy the requirements of this section.
(3)
Exterior siding material shall be stucco, masonry, wood or brick unless an alternative exterior material is approved by the City Planner. The City Planner may approve a siding material other than those listed in this section only if he finds that use of such material is in harmony with other dwelling units in the neighborhood.
(4)
All roofs shall have a pitch of at least three inches in twenty inches unless another pitch is approved by the City Planner. No roof shall be made of corrugated, extruded or stamped metal.
(5)
All dwelling units shall have a minimum width of twenty feet.
(Ord. 9599 § 2, 1981; Ord. 1261 § 39, 1983; Ord. NS-283 § 14, 1994; Ord. NS-675 § 76, 2003; Ord. CS-102 § XVI, 2010; Ord. CS-164 § 10, 2011)