Carlsbad City Zoning Code
CHAPTER 21
10 R-1 ONE-FAMILY RESIDENTIAL ZONE
§ 21.10.010 Intent and purpose.
A.
The intent and purpose of the R-1 one-family residential zone is to:
1.
Implement the R-1.5 (Residential 0-1.5 du/ac), R-4 (Residential 0-4 du/ac) and R-8 (Residential 4-8 du/ac) land use designations of the Carlsbad general plan; and
2.
Provide regulations and standards for the development of one-family dwellings and other permitted or conditionally permitted uses as specified in this chapter.
(Ord. NS-718 § 7, 2004; Ord. CS-432, 9/27/2022)
§ 21.10.020 Permitted uses.
A.
In an R-1 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 this 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 use is permitted. (See note 4 below) |
"CUP" indicates use is permitted with approval of a conditional use permit. (See note 4 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 |
|---|---|---|---|
Accessory buildings/structures (ex. garages, workshops, tool sheds, patio covers, decks, etc.) (defined: Section 21.04.020) | X | ||
X | |||
Agricultural crops | X | ||
Animal keeping (household pets) (subject to Section 21.53.084) | X | ||
Animal keeping (horses) (see note 1, below) | X | ||
Animal keeping (wild animals) (subject to Section 21.53.085) | X | ||
Aquaculture (defined: Section 21.04.036) | 2 | ||
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 | ||
Dwelling, one-family (defined: Section 21.04.125) (see note 3, below) | X | ||
Educational institutions or schools, public/private (defined: Section 21.04.140) | 2 | ||
Employee housing (serving six or fewer persons) | X | ||
X | |||
X | |||
Farmworker housing complex, small (subject to Section 21.10.125; defined: Section 21.04.148.4) | X | ||
Golf courses (see note 2, below) | 3 | ||
Greenhouses (2,000 square feet maximum) | X | ||
Greenhouses > 2,000 square feet (subject to Section 21.42.140(B)(70)) | 1 | ||
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 | ||
Home occupation (subject to Section 21.10.040) | X | ||
X | |||
Mobile buildings (subject to Section 21.42.140(B)(90); defined: Section 21.04.265) | X | 2 | |
Packing/sorting sheds (600 square feet maximum) | X | ||
Packing/sorting sheds > 600 square feet (subject to Section 21.42.140(B)(70)) | 1 | ||
Public/quasi-public buildings and facilities and accessory utility buildings/facilities (defined: Section 21.04.297) | 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 | ||
X | |||
Signs (subject to Chapter 21.41; defined: Section 21.04.305) | X | ||
Supportive housing (defined: Section 21.04.355.1) | X | ||
X | |||
Transitional housing (defined: Section 21.04.362) | X | ||
Wireless communication facilities (subject to Section 21.42.140(B)(165); defined: Section 21.04.379) | 1 / 2 | ||
Zoos (private) (subject to Section 21.42.140(B)(170); defined: Section 21.04.400) | 2 |
Notes: | |
|---|---|
1. | On each lot or combination of adjacent lots under one ownership, there may be kept one horse for each ten thousand square feet in the lot or lots; provided, however, that any such horse may be kept only if it is fenced and stabled so that at no time it is able to graze, stray or roam closer than seventy-five feet to any building used for human habitation, other than buildings on the lot or lots, and as to those buildings, no closer than fifty feet. |
2. | A conditional use permit is not required for a golf course if it is approved as part of a master plan for a planned community development. |
3. | |
4. | |
(Ord. CS-384 § 10, 2020; Ord. CS-324 § 2, 2017; Ord. CS-249 § V, 2014; Ord. CS-224 §§ VII, VIII, 2013; Ord. CS-191 § VII, 2012; Ord. CS-189 §§ XI, XII, 2012; Ord. CS-164 § 10, 2011; Ord. CS-102 §§ XVII— XIX, 2010; Ord. NS-791 § 11, 2006; Ord. NS-746 § 6, 2005; Ord. NS-718 § 7, 2004; Ord. CS-432, 9/27/2022; Ord. CS-448, 6/6/2023)
§ 21.10.030 Accessory dwelling units and junior accessory dwelling units.
A.
Purpose. This section provides standards for the establishment of accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs). Pursuant to California Government Code Sections 65852.2 (effective Jan. 1, 2023) and 65852.22 (effective Jan. 1, 2023), local governments have the authority to adopt regulations designed to promote ADUs and JADUs.
B.
Standards of Review. Review of ADUs and JADUs shall be consistent with the following:
1.
ADU or JADU applications shall be considered a ministerial action without discretionary review or a public hearing if all requirements of this section (21.10.030) are met, notwithstanding any other requirements of state law or this development code.
2.
ADUs or JADUs developed within the coastal zone are subject to the permit requirements of Chapter 21.201 and require a building permit. Development of ADUs or JADUs outside of the coastal zone requires a building permit.
4.
The city shall not deny an application for a permit to create an ADU or a JADU due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the ADU as specified under California Government Code Sections 65852.2 (effective Jan. 1, 2023) and 65852.22 (effective Jan. 1, 2023).
5.
If the city denies an application for an ADU or a JADU, the city shall supply in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant within the time period specified under California Government Code Section 65852.2 (effective Jan. 1, 2023) and 65852.22 (effective Jan. 1, 2023).
6.
A demolition permit for a detached garage that is to be replaced with an accessory dwelling unit shall be reviewed with the application for the accessory dwelling unit and issued at the same time.
7.
If the permit application to create an ADU or a JADU is submitted with a permit application to create a new one-family dwelling on the lot, the city may delay acting on the permit application for the ADU or the JADU until the city acts on the permit application to create the new one-family dwelling, but the application to create the ADU or JADU shall be considered without discretionary review or public hearing. If the applicant requests a delay, the time period specified under California Government Code Sections 65852.2 (effective Jan. 1, 2023) and 65852.22 (effective Jan. 1, 2023) shall be tolled for the period of the delay.
C.
D.
Number and Location.
1.
ADUs shall be permitted in zones that allow one-family dwellings, two-family dwellings, multiple-family dwellings, and mixed-use (residential uses in combination with non-residential uses), provided there is an existing or proposed dwelling on the lot where the ADU is proposed, as specified in California Government Code Sections 65852.2 (effective Jan. 1, 2022) and 65852.22 (effective Jan. 1, 2023). Refer to a specific zone's permitted uses table within this title.
2.
For zones that allow one-family dwellings, one JADU shall be permitted with an associated existing or proposed one-family dwelling. Refer to a specific zone's permitted uses table within this title.
E.
Other Requirements and Standards. ADUs and JADUs shall comply with all the following requirements and standards:
2.
When not in conflict with California Government Code Sections 65852.2 (effective Jan. 1, 2023) and 65852.22 (effective Jan. 1, 2023) and the coastal resource and public access protection requirements of the certified local coastal program, ADUs and JADUs shall also comply with applicable development requirements and standards of this code.
3.
4.
The maximum height of an ADU or JADU shall be limited as follows, consistent with California Government Code Sections 65852.2 (effective Jan. 1, 2023) and 65852.22 (effective Jan. 1, 2023):
a.
A detached ADU on a lot with an existing or proposed single-family, two-family or multiple-family dwelling unit shall be allowed a height up to 16 feet and one story.
b.
A detached ADU on a lot with an existing or proposed single-family, two-family dwelling, or multiple-family dwelling unit that is within one-half of one mile walking distance of a major transit stop (Carlsbad Village Station or Poinsettia Station), shall be allowed a height up to 18 feet. An additional two feet in height (20 feet maximum) is allowed to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling.
c.
A detached ADU on a lot with an existing or proposed two-family, multiple-family, multistory dwelling shall be allowed a height up to 18 feet.
d.
An attached ADU is allowed a height up to 25 feet, or the height limits of the applicable zoning for the primary dwelling, but not to exceed two stories.
e.
An ADU constructed above or below a detached garage shall be permitted and shall conform to the height limits applicable to the zone. Structures that contain an ADU located above or below a detached garage shall be limited to a maximum of two stories including the garage.
5.
Roof decks shall not be permitted on detached ADUs.
6.
The construction of an ADU or JADU that is all new construction, or is a conversion of a portion or all of an existing structure, or expands the square footage of an existing structure, shall be consistent with all habitat preserve buffers, geologic stability setbacks, and visual resource protection policies in the certified local coastal program, habitat management plan, general plan, or geotechnical report, as applicable.
7.
On lots with one-family dwelling(s), the exterior roofing, trim, walls, windows and the color palette of the ADU or JADU shall incorporate the same features as the primary dwelling unit.
8.
On lots with two-family or multiple-family dwellings, the exterior roofing, trim, walls, windows and the color palette of the ADU addition shall incorporate the same features as the existing building that the ADU would be provided within. For detached ADUs, it shall be reflective of the nearest building as measured from the wall of the existing building to the nearest wall of the proposed unit.
9.
Parking.
b.
No off-street parking is required for a JADU if it meets the requirements specified in California Government Code Section 65852.22 (effective Jan. 1, 2023).
c.
When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or converted to an ADU, the loss of parking for the primary dwelling does not need to be replaced, except on lots located west of the rail corridor and on lots located east of the rail corridor and west of Interstate 5 between Avenida Encinas to the north and Batiquitos Lagoon to the south. In which case, the loss of parking for the primary dwelling shall be replaced subject to the parking requirements in Chapter 21.44 (Parking), except as follows:
i.
The replacement parking spaces may be covered, uncovered, or tandem spaces, or provided by the use of mechanical automobile parking lifts (within a garage); and may be located in the front, side or rear yard, provided the parking area is an improved parking surface, such as paving, hardscape, decomposed granite, etc.
ii.
The location of the replacement parking spaces shall be consistent with all habitat preserve buffers, geologic stability setbacks, and visual resource protection policies in the certified local coastal program.
10.
ADUs intended to satisfy an inclusionary requirement shall comply with the requirements of Chapter 21.85, including, but not limited to, the applicable rental rates and income limit standards.
11.
A notice of restriction shall be recorded on the property declaring that:
a.
An ADU(s) or JADU shall not be used for short-term rentals of less than 30 days. This requirement does not apply to any unit that was issued a building permit prior to January 1, 2020.
c.
For a JADU, the property owner must reside in either the primary residence or the JADU. Sale of the JADU separate from the single-family residence is prohibited; said prohibition is binding on all present owners and future purchasers.
12.
For ADUs permitted prior to January 1, 2020, the city may continue to enforce a requirement for owner-occupancy of the ADU or primary residence.
(Ord. CS-427 § 5, 2022; Ord. CS-449, 6/6/2023)
§ 21.10.040 Home occupations.
A.
Home occupations which are not disruptive to the residential character of the neighborhood shall be permitted as an accessory use, subject to the following conditions:
1.
Home occupations shall be conducted as a secondary use by a resident or residents of the premises;
2.
No employees shall be employed on the premises;
3.
All home occupation activities shall be conducted entirely within the residential structure, except for permitted agricultural or horticultural uses;
4.
There shall be no external alteration to the appearance of the residential structure that would reflect the existence of the home occupation;
5.
No storage of materials, goods, equipment or stock in trade shall be permitted where visible from the exterior of the property;
6.
No deliveries or pickups by heavy duty commercial vehicles shall be permitted;
7.
Sale of goods or services shall not be conducted on the property, except for agricultural goods grown on the premises. This provision shall not be construed to prohibit taking orders for sale where delivery of goods or performance of services does not occur on the property;
8.
The home occupation shall not cause any external effect that is inconsistent with the residential zone or disrupts the neighborhood, including, but not limited to, noise from equipment, traffic, lighting, offensive odor or electrical interference;
9.
No advertising, signs or displays of any kind indicating the existence of the home occupation shall be permitted on the premises;
10.
The home occupation shall not cause the elimination of required off-street parking;
11.
The home occupation may not utilize an area greater than twenty percent of the combined total floor area of all on-site structures; and
12.
A city business license is required for the conduct of a home occupation.
(Ord. NS-718 § 7, 2004)
§ 21.10.050 Building height.
In the R-1 zone no building shall exceed a height of 30 feet and 2 stories if a minimum roof pitch of 3:12 is provided or 24 feet and 2 stories if less than a 3:12 roof pitch is provided for lots under 20,000 square feet. Single-family residences on lots with a lot area of 20,000 square feet or greater and within a R-1 zone and specifying a -20 or greater area zoning symbol shall not exceed 35 feet and three stories with a minimum roof pitch of 3:12 provided, or 29 feet and three stories if less than a 3:12 roof pitch is provided.
(Ord. NS-718 § 7, 2004; Ord. CS-432, 9/27/2022)
§ 21.10.060 Front yard.
Every lot in the R-1 zone shall have a front yard which has a depth not less than twenty feet, except that on key lots and lots which side upon commercially or industrially zoned property, the required front yard need not exceed fifteen feet.
(Ord. NS-718 § 7, 2004)
§ 21.10.070 Side yards.
A.
In the R-1 zone every lot shall have side yards as follows:
1.
Interior lots shall have the following side yards:
a.
A side yard shall be provided on each side of the lot, which side yard has a width equal to ten percent of the lot width; provided, that such side yard shall not be less than five feet in width and need not exceed ten feet;
i.
The width of one side yard may be reduced, subject to the following:
(A)
The opposite side yard shall be increased in width by an amount equal to the reduction or shall be a minimum of ten feet in width, whichever is greater;
(B)
The reduced side yard shall not be less than five feet in width nor shall it abut a lot or parcel of land with an adjacent reduced side yard;
(C)
In the event special circumstances exist, such as extreme topographical features and/or irregularly shaped lots (such as those which front on cul-de-sacs), a reduced side yard may be permitted adjacent to a reduced side yard, provided a minimum of ten feet between buildings is maintained.
2.
Corner lots and reversed corner lots shall have the following side yards:
a.
On the side lot line which adjoins another lot, the side yard shall be equal to ten percent of the lot width; provided that such side yard shall not be less than five feet in width and need not exceed ten feet; and
b.
On the side street, the width of the required side yard shall be ten feet and such side yard shall extend the full length of the lot.
(Ord. NS-718 § 7, 2004; Ord. CS-164 § 10, 2011; Ord. CS-178 § X, 2012)
§ 21.10.080 Placement of buildings.
A.
Placement of buildings on any lot shall conform to the following, except as otherwise permitted for accessory dwelling units (or junior accessory dwelling units where permitted) pursuant to Section 21.10.030:
1.
Interior Lots.
a.
No building shall occupy any portion of a required yard;
b.
Any building, any portion of which is used for human habitation, shall observe a distance from any side lot line the equivalent of the required side yard on such lot and from the rear property line the equivalent of twice the required side yard on such lot;
c.
All accessory structures shall comply with the following development standards:
i.
The lot coverage shall include accessory structures in the lot coverage calculations for the lot,
ii.
When proposed on a lot adjoining native vegetation, accessory structures within a fire suppression zone must be reviewed and approved by the fire department,
iii.
Buildings shall not exceed one story,
iv.
Building height shall not exceed 14 feet if a minimum roof pitch of 3:12 is provided or 10 feet if less than a 3:12 roof pitch is provided;
d.
Habitable detached accessory structures shall comply with all requirements of the zone applicable to placement of a dwelling unit on a lot including setbacks;
e.
Detached accessory structures which are not dwelling units and contain no habitable space, including, but not limited to, garages, workshops, tool sheds, decks over 30 inches above grade and freestanding patio covers shall comply with the following additional development standards when located within a lot's required setback areas:
i.
The maximum allowable building area per structure shall not exceed a building coverage of 440 square feet,
ii.
The following setbacks shall apply: a front yard setback of 20 feet, a rear yard setback of five feet, a side yard setback of five feet and an alley setback of five feet,
iii.
The maximum plumbing drain size shall be one and one-half inches in diameter so as to prohibit toilets, showers, bathtubs and other similar fixtures,
iv.
The additional development standards listed above (subsections (A)(1)(g)(i) through (iii) of this section) shall apply to the entire subject accessory structure, not just the portion encroaching into a lot's setback area; and
2.
Corner Lots and Reversed Corner Lots.
a.
No building shall occupy any portion of a required yard;
b.
Any building, any portion of which is used for human habitation, shall observe a distance from the rear property line the equivalent of twice the required interior side yard on such lot;
c.
All accessory structures shall comply with the following development standards:
i.
The lot coverage shall include accessory structures in the lot coverage calculations for the lot,
ii.
When proposed on a lot adjoining native vegetation, accessory structures within a fire suppression zone must be reviewed and approved by the fire department,
iii.
Buildings shall not exceed one story,
iv.
Building height shall not exceed 14 feet if a minimum roof pitch of 3:12 is provided or 10 feet if less than a 3:12 roof pitch is provided;
d.
Habitable detached accessory structures shall comply with all requirements of the zone applicable to placement of a dwelling unit on a lot including setbacks;
e.
Detached accessory structures which are not dwelling units and contain no habitable space, including, but not limited to, garages, workshops, tool sheds, decks over 30 inches above grade and freestanding patio covers shall comply with the following additional development standards when located within a lot's required setback areas:
i.
The maximum allowable building area per structure shall not exceed a building coverage of 440 square feet,
ii.
The following setbacks shall apply: a front yard setback of 20 feet, a rear yard setback of five feet, a side yard setback of five feet, a street side yard setback of five feet and an alley setback of five feet,
iii.
The maximum plumbing drain size shall be one and one-half inches in diameter so as to prohibit toilets, showers, bathtubs and other similar fixtures,
iv.
The additional development standards listed above (subsections (A)(2)(g)(i) through (iii) of this section) shall apply to the entire subject accessory structure, not just the portion encroaching into a lot's setback area; and
(Ord. NS-718 § 7, 2004; Ord. CS-324 § 10, 2017; Ord. CS-384 § 11, 2020; Ord. CS-432, 9/27/2022)
§ 21.10.090 Minimum lot area.
A.
The minimum required area of a lot in the R-1 zone, when the zone implements the R1.5 land use designation, shall be not less than one-half acre (twenty-one thousand seven hundred eighty square feet), unless a greater minimum lot area is specified on the zoning map (i.e., R-1-40,000 = forty thousand square foot minimum lot area).
B.
The minimum required area of a lot in the R-1 zone, when the zone implements the R-4 land use designation, shall be not less than seven thousand five hundred square feet, unless otherwise shown on the zoning map.
C.
The minimum required area of a lot in the R-1 zone, when the zone implements the R-8 land use designation, shall be not less than six thousand square feet, unless otherwise shown on the zoning map.
(Ord. NS-718 § 7, 2004; Ord. CS-432, 9/27/2022)
§ 21.10.100 Lot width.
A.
In the R-1 zone every lot shall have a minimum lot width as follows:
B.
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 in accord with this section if the following circumstances are found to exist.
1.
The property cannot be served adequately with a public street without panhandle lots due to unfavorable conditions resulting from unusual topography, surrounding land development, or lot configuration; and
2.
Subdivision with panhandle lots will not preclude or adversely affect the ability to provide full public street access to other properties within the same block of the subject property.
C.
In approving a panhandle lot, a determination shall be made as to what portion of such lot shall be the buildable lot; for purposes of this chapter, the buildable portion shall be the entire lot exclusive of any portion of the lot less than thirty-five feet in width that is used for access to the lot. Also, a determination shall be made on which property lines of the buildable lots are the front, sides and rear for purposes of providing required yards.
D.
Any panhandle lot approved pursuant to this section shall meet the following requirements:
1.
The area of the buildable portion of the lot shall be a minimum ten thousand square feet or the minimum required by the zone whichever is greater. In zone districts permitting less than ten thousand square-foot lots, the buildable portion of the lot may be less than ten thousand square feet provided the official or decision-making body with authority to otherwise approve the subdivision finds from evidence submitted on a site plan that all requirements of this section will be met; however, in no case shall the buildable portion of the lot be less than eight thousand square feet in area. If a site plan for a subdivision with panhandle lots with a buildable portion of less than ten thousand square feet is approved, development within such subdivision shall conform to the plan as approved;
2.
The width requirements for the buildable portion of the lot shall be met as required for lots in the zone district;
3.
The yard requirements of the zone district shall be met as required for interior lots;
4.
The length of the portion of the lot fronting on a public street or publicly dedicated easement afforded access to the buildable lot shall not be greater than one hundred fifty feet for a single lot or two hundred feet when two such lots are adjoining. The minimum width for such access portion shall be twenty feet except where the access portion is adjacent to the same portion of another such lot, in which case the required minimum frontage shall be fifteen feet, provided a joint easement ensuring common access to both such portions is recorded;
5.
An improved driveway shall be provided within the access portion of the lot from the street or public easement to the parking area on the buildable lot 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 to accommodate public service vehicles with a minimum of two-inch thick asphalt concrete paving on proper base with rolled edges;
6.
Drainage from the lot shall be channeled down the private access to a public street or special drainage means must be provided to the satisfaction of the City Engineer;
7.
Each lot shall have 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. The parking and access arrangement shall be designed to the satisfaction of the City Engineer;
8.
Structures permitted in the access portion of the lot shall be limited to mailboxes, fences, trash enclosures, landscape containers and nameplates. Except for mailboxes, the 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;
9.
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;
10.
Any other condition the official or decision-making body with the authority to otherwise approve the subdivision may determine to be necessary to properly develop such property.
(Ord. NS-718 § 7, 2004; Ord. CS-178 § XI, 2012)
§ 21.10.110 Lot coverage.
Lot coverage with buildings and structures shall not exceed forty percent of the lot. Buildings and structures used for growing or raising plants or animals are not counted as coverage.
(Ord. NS-718 § 7, 2004)
§ 21.10.120 Development standards.
A.
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 materials 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 or she 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. NS-718 § 7, 2004; Ord. CS-102 § XXI, 2010; Ord. CS-164 § 10, 2011)
§ 21.10.125 Farmworker housing complex standards.
A.
Purpose.
1.
The purpose of this section is to establish standards to ensure that the development of farmworker housing complexes does not adversely impact adjacent parcels or the surrounding neighborhood and that they are developed in a manner which protects the health, safety, and general welfare of the nearby residents and businesses, and the character of the City of Carlsbad.
2.
The Employee Housing Act allows for flexibility in housing types for farmworker housing, including conventional and nonconventional structures, such as: living quarters, boardinghouse, tent, bunkhouse, mobilehome, manufactured home, recreational vehicle and travel trailers. The laws and regulations governing these structures depends on the housing type; however, all employee housing must comply with: the Employee Housing Act (Health and Safety Code Section 17000 et seq.) and the Employee Housing Regulations (Title 25—Housing and Community Development), which outline specific requirements for the construction of housing, maintenance of grounds, buildings, sleeping space and facilities, sanitation and heating; and the provisions of this section.
B.
The provisions of this section shall apply to: 1) single-family zones E-A, R-A, R-E, R-T, R-W, RD-M, L-C and R-1, areas designated by a master plan for single-family detached dwellings in P-C zones where agricultural uses are allowed; 2) lots within multifamily zones R-2, R-3, R-P and RMHP; 3) commercial, office and industrial zones C-1, O, C-2, C-T, C-M, C-L, M, P-M and P-U; and 4) open space zones O-S and CR-A/OS, which are developed with a farmworker housing complex.
C.
The property owner shall obtain all permits and/or approvals from the City of Carlsbad, as applicable, and the State Department of Housing and Community Development (HCD) pursuant to Title 25 of the California Code of Regulations. A farmworker housing complex may require a building permit, and if located in the coastal zone, may also require a coastal development permit issued according to the provisions of Chapter 21.201 of this title.
D.
A farmworker housing complex shall meet the setback, lot coverage, height, and other development standards applicable to the zone in which it is located. Additionally, a farmworker housing complex shall be located not less than seventy-five feet from barns, pens, or other structures that house livestock or poultry, pursuant to Title 25 of the California Code of Regulations, and not less than fifty feet from any other agricultural and non-agricultural use.
E.
All permanent farmworker housing shall provide landscaping around the entire perimeter of the housing to shield the housing from adjacent structures.
G.
Farmworker housing complexes shall comply, as applicable, with the following: 1) Employee Housing Act (California Health and Safety Code Sections 17000—17062); 2) Mobilehome Parks Act (California Health and Safety Code Sections 18200—18700); and Special Occupancy Parks Act (California Health and Safety Code Sections 18860—18874).
H.
Within thirty days after approval from the City of Carlsbad for farmworker housing, the applicant shall record in the office of the County Registrar-Recorder/County Clerk a covenant running with the land for the benefit of the City of Carlsbad, declaring that the farmworker housing will continuously be maintained as such in accordance with Title 21 of the Carlsbad Municipal Code and also that:
1.
The applicant will obtain and maintain, for as long as the farmworker housing is operated, the appropriate permit(s) from State Department of Housing and Community Development (HCD) pursuant to the Employee Housing Act and the regulations promulgated thereunder;
2.
The improvements required by the City of Carlsbad related to the farmworker housing shall be constructed and/or installed, and continuously maintained by the applicant;
3.
The applicant will submit the annual verification form to the City Planner as required by Section 21.10.125(I); and
I.
The property owner shall, if applicable: (1) complete and submit to the City Planner a verification form no later than thirty days after receiving a permit to operate from HCD; (2) a verification form shall be submitted to the City Planner annually to ensure compliance with Title 21 of the Carlsbad Municipal Code; and (3) the verification form shall include: information regarding the agricultural use, housing type, number of dwelling units or beds, number of occupants, occupants' employment information, and proof that a permit to operate from HCD has been obtained and maintained.
J.
Farmworker housing complex shall be removed from the property within 90 days of termination of the property's use from agricultural production.
(Ord. CS-189 § XIII, 2012)
§ 21.10.130 Severability.
If any section, subsection, sentence, clause, phrase or part of this chapter is for any reason found by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this chapter, which shall be in full force and effect. The City Council hereby declares that it would have adopted this chapter with each section, subsection, sentence, clause, phrase or part thereof regardless of the fact that any one or more sections, subsections, sentences, clauses, phrases, or parts be declared invalid or unconstitutional.
(Ord. NS-718 § 7, 2004)