2024-07-30; City Council; 09; 2024 Zoning Code Clean Up ZCA 2024-0001/LCPA 2024-0020/MCA 2024-0001 (PUB 2024-0005)

CA Review __AF____
Meeting Date: July 30, 2024
To: Mayor and City Council
From: Scott Chadwick, City Manager
Staff Contact: Nicole Morrow, Assistant Planner
[email protected], 442-339-5438
Subject: 2024 Zoning Code Clean Up
ZCA 2024-0001/LCPA 2024-0020/MCA 2024-0001 (PUB 2024-0005) Districts: All
Recommended Action
Hold a public hearing and:

1. Introduce an ordinance approving a mendments to Title 8, Public Peace, Morals and Safety, and Title 11, Public Property, of the C arlsbad Municipal Code (Exhibit 1)

2. Introduce an ordinance approving a zone code a mendment and a Local Coastal Program Amendment to Title 15, Grading and Drainage, and Title 21, Zoning Ordinance, of the Carlsbad Municipal Code to complete various miscellaneous cleanup changes (Exhibit 2)

3. Adopt a resolution approving a Local Coastal Program Amendment to update the Local Coastal Program Implementation Plan by incorporating amendments to Title 1 5, Grading and Drainage, and Title 21, Zoning Ordinance, of the C arlsbad Municipal Code (Exhibit 3) Ex
ecutive Summary
The Carlsbad Municipal Code contains all of the regulatory and administrative ordinances of the City of Carlsbad
It is necessary to regularly amend the city’s code to maintain consistency with new state laws and to address errors and unforeseen conflicts not anticipated when the original code was adopted. Staff are proposing changes to the Carlsbad Municipal Code that will:
• Amend the city’s Zoning Ordinance to address errors
• Bring the code into compliance with state law
• Increase the code’s consistency with other code sections and previous City Planner determinations
• Improve application processes
• Implement programs in the Housing Element, the portion of the city’s General Plan that focuses on housing
• Codify an existing department policy
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Staff are also proposing changes to code sections outside of the Zoning Ordinance that govern public peace, morals, safety and unlawful acts on public property for the purpose of clarifying the applicability of existing city policies.

All proposed amendments to the Carlsbad Municipal Code must be reviewed and approved by the City Council.

Along with its General Plan, the city has a Local Coastal Program that serves as a planning document for the city’s Coastal Zone. The proposed amendments to Titles 15 and 21 of the Municipal Code are part of the city’s Local Coastal Program Implementation Plan, so they also require the California Coastal Commission’s approval of the Local Coastal Program amendment.

To facilitate the Coastal Commission’s review of this amendment, a separate resolution is proposed for these amendments.

Discussion
Background
Beginning in 2022, the Planning Division initiated a recurring “clean up” work program to review the city’s codes and regulations approximately every two years to minimize errors and ambiguities and to ensure the Carlsbad Municipal Code remains consistent with state law. The first set of clean-up amendments was adopted by City Council on Sept. 13, 2022.

Most of the proposed amendments included in this proposed clean up are amending sections of Title 21, the Zoning Ordinance, which includes the city’s regulations for development and use of property within the city. The proposed amendments affecting Title 21 can be characterized as corrections, updates and clarifications.

The three proposed amendments that affect Titles 8, Public Peace, Morals and Safety; Title 11, Public Property; and Title 15, Grading and Drainage, can be characterized as clarifications of the applicability of existing city policies.

Amendments to the Carlsbad Municipal Code are prepared as ordinances to be adopted by the City Council. Amendments to Municipal Code Title 21, Zoning Ordinance, require a Planning Commission recommendation to the City Council. As noted above, amendments to Title 15, Grading and Drainage, and Title 21 also require approval of a Local Coastal Program amendment by the California Coastal Commission.

Summary of Code Changes
The following section is a summary of some of the more significant changes being proposed.

Exhibit 5 includes an analysis of all proposed amendments. To show how the text is being changed, a version of the code with the proposed changes highlighted is provided as Exhibit 4.

Amendment 5 -
Permit expiration
Extends the expiration date of permits from two- years to three- years expiration date to reflect timeline trends for applicants to apply for related permits. The proposed language also includes clarifying statements on what activities determine whether a permit has been exercised.

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Amendment 8 - Animal keeping
Updates Table A, “Permitted Uses,” of the R-1, One Family Residential Zone, to include specifications for the keeping of poultry. This change would provide necessary clarity in the enforcement of animal-related code violations in the R-1 zone consistent with other single-family zones.

Amendment 11 - H ousing standards
Updates the Inclusionary Housing and Density Bonus ordinances’ language to include references to various sections of state law. (The city’s Inclusionary Housing Ordinance requires developer to make a certain percentage of units affordable for lower-income income households. A density bonus allows a developer to increase the number of residential units on a property above the maximum limit set by the city’s General Plan in exchange for reserving a certain number of the new units as affordable.) The amendment also includes clarifications related to the required unit mix, size and finish quality to maintain consistency with state law and existing city policies.

Amendment 13 - Substantial conformance review
Codifies the existing Community Development Department Policy 35, which contains guidelines for processing consistency determination applications. The purpose of this amendment is to increase consistency and transparency with application reviews.

Am endment 14 - Mobile vending
Updates Title 8 to include language which specifies that the regulations related to vending are also applicable to mobile vending services. The proposed amendment also provides a definition of “vending” in Title 11.

Amendment 15 - V ending permits
Specifies that select activities prohibited under Section 11.32.030 - Unlawful acts, may be performed with a valid, city-issued vending permit.

Amendment 16 - Grading permits
Reestablishes code language that was removed during the 2022 Zoning Ordinance clean up. The reestablishment of this language, as well as other text changes, has been included to better define the City Engineer’s level of discretion as well as exempting city projects from duplicative review.

Planning Commission hearing
The Planning Commission conducted a public hearing on May 15, 2024, and recommended the City Council approve staff’s recommended amendments to Title 21 (Exhibit 6). The remaining amendments were provided as information only in the Planning Commission’s staff report (Exhibit 7).

At the Planning Commission hearing, two members of the public spoke, one of the speakers also submitted public correspondence prior to the hearing. Both speakers raised concerns about the keeping of poultry addressed in Amendment 8 and spoke to their experiences living in the R-A, Residential Agricultural, Zone where residents are currently allowed to keep chickens. While the proposed changes affect the R-1, One-Family Residential, Zone, the speakers requested that staff evaluate the existing permissions in the R-A Zone and propose an July 30, 2024
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amendment at a later date that would restrict the number of chickens and other poultry allowed on a property. See Exhibit 8 for the meeting minutes.

Public notification
Staff published notices of public hearing in The San Diego Union-Tribune and the Coast News on May 3 and 5, 2024, for the Planning Commission meeting and on July 19, 2024 , for the City Council meeting.

Local Coastal Program amendment
A public notice of the proposed Local Coastal Program Amendment was published on Friday, May 10, 2024, in The San Diego Union-Tribune and the Coast News in accordance with Carlsbad Municipal Code Title 21 Section 21.54.060 - Notices of applications and hearings. A state- mandated six-week notice of availability period was required for the proposed amendment, which ended June 21, 2024. The notice and proposed amendments were also posted on the city’s website and distributed to the City and Cole libraries and the City Clerk’s office for public review beginning May 10. No comments were received in response to the notice.

Fiscal An alysis
There is no anticipated fiscal impact from this action.

Next Steps
Following the City Council’s introduction of the ordinances, they will be scheduled for adoption at the City Council’s next meeting. Thirty days following adoption, amendments to Titles 8 and 11 of the Carlsbad Municipal Code will become effective citywide. Amendments to Titles 15 and 21 of the code will become effective outside of the Coastal Zone.

The amendments to Titles 15 and 21 will not become effective within the Coastal Zone until the California Coastal Commission approves the Local Coastal Program Amendment. Staff will submit an application to the Coastal Commission for a Local Coastal Program Amendment following the City Council’s adoption of the ordinance..

Environmental E valuation
The City Planner, through the process outlined in the Carlsbad Municipal Code relating to Environmental Protect (Section 19.04.060), has determined that this action is categorically exempt from environmental review under California Environmental Quality Act Guidelines Section 15061(b)(3) which states that an activity is exempt from the provisions of the act if it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. The City Planner’s determination was published on April 26, 2024, and no appeal to that determination was filed.

Exhibits

1. City Council resolution

2. City Council ordinance (Titles 8 and 11)

3. City Council ordinance (Titles 15 and 21)

4. Proposed changes to Municipal Code

5. List of amendments - project analysis

6. Planning Commission Resolution No. 7514 ( on file in the Office of the City Clerk)

7. Planning Commission staff report dated May 15, 2024 ( on file in the Office of the City Clerk) July 30, 2024
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8. Planning Commission meeting minutes dated May 15, 2024 ( on file in the Office of the City Clerk)

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Exhibit 1
ORDINANCE NO. .

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AMENDMENTS TO TITLE 8, PUBLIC PEACE, MORALS AND SAFETY, AND TITLE 11, PUBLIC PROPERTY, O F THE CARLSBAD

MUNICIPAL CODE
CAS
E NAME: 2024 ZONE CODE CLEANUP
CASE NO.: MCA 2024 -0001 (PUB 2024-0005)
WHEREAS, the City Planner has prepared a Municipal Code Amendment MCA 2022 -0 004 to amend Titles 8 and 11 of the Carlsbad Municipal Code; and WHEREAS, t he City Council of the City of Carlsbad held a duly noticed public hearing as prescribed by law to consider MCA 2024-0001; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, the City Council considered all factors, including written public comments, if any, related to MCA 2024-0001.

NOW, THEREFORE, the City Council of the City of Carlsbad, California, ordains as follows that:

1. The above recitations are true and correct.

2. That Chapter 8.32.020 of the Carlsbad Municipal Code is amended by revising the definition of “vend” or “vending” to read as follows:

8.32.020 Definitions.
“Vend” or “vending” means an offer to sell or the sale of goods, merchandise, services, food or beverages on a public street, alley, highway, parking lot, sidewalk, pedestrian path or right- of-way.

3. That Section 8.32.080 of the Carlsbad Municipal Code is amended to read as follows:

8.32.080 Sidewalk and pathway vending generally.

A. Vending activities may occur between the hours of 8:00 a.m. and sunset in all residential zoned areas and between the hours of 8:00 a.m. and 10:00 p.m. in industrial and commercial zoned areas.

B. No sidewalk vending of any type, including mobile services, shall take place to any individuals traveling within motor vehicles along a public roadway.

C. A sidewalk vendor shall not vend on any exclusively residential street for longer than 60 minutes at any given time.

D. No sidewalk or pathway vending of any kind, including mobile services, shall take place in the following locations:

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1. In the public right-of-way or any area that blocks pedestrian or vehicle access;

2. Any public property that does not meet the definition of a sidewalk, including, but not limited to, any alley, beach, pier, square, street, street end or parking lot;

3. Within 50 feet of another sidewalk vendor;

4. Within 18 inches from the edge of a curb;

5. Any location that obstructs traffic signals or regulatory signs;

6. Within 15 feet of any intersection, driveway or building entrance, or within any space designed for vehicular parking;

7. Within 15 feet of any fire hydrant or fire escape;

8. Within 100 feet of any vehicle entrance of any fire station, police department, hospital or any other structure involved in health and safety emergency matters;

9. Within 15 feet of any loading zone, bus stop, parking space or access ramp designed for persons with disabilities;

10. Within 10 feet of an outdoor dining or patio area;

11. Within 500 feet of a permitted special event or street fair;

12. Within one-half mile of a public school building or school grounds while children are going to or from the school, during a recess period or within 30 minutes before or after the school’s opening or closing hours;

13. Within 500 feet of high-traffic landmarks and venues, as determined by the city manager or designee and published in an administrative order, which shall include justification that such restrictions are directly related to objective health, safety or welfare concerns;

14. On any portion of the Carlsbad Village Sea Wall trail, which extends alongside Carlsbad Boulevard and adjacent to the beach, between the cross streets of Pine Avenue and Tamarack Avenue. This restriction on vending shall include both the upper and lower portions of the Sea Wall trail.

E. Vending activities, including mobile services, in public parks and recreational facilities must also comply with the following:

1. Vending within public parks or recreational facilities is allowed only upon or alongside sidewalks or other paved or marked pedestrian pathways. Outside of these aforementioned areas, vending shall not take place on sand, dirt, grass or on any space which would obstruct, damage or otherwise adversely affect the public’s use and enjoyment of natural resources and recreational opportunities, or contribute to an undue concentration of commercial activity that unreasonably interferes with the scenic and natural character of the park.

2. Vending activities, including mobile services, that adversely affect the health, safety and welfare of persons engaged in active sports activities and spectators of active sports activities are prohibited.

3. Sidewalk vending activities, including mobile services, lasting 10 minutes or longer in duration shall not be permitted within any area of a public park if the park operator has signed an agreement for concessions that exclusively permits the sale of food or merchandise by a specified concessionaire.

4. A valid park and facility use permit or special event permit obtained pursuant to Carlsbad Municipal Code Section 11.32.030 may waive these requirements for limited engagements or events. (Ord. CS-346 § 2, 2019)

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4. That Section 11.32.015 of the Carlsbad Municipal Code is amended by adding the definition of “vend” or “vending” to read as follows:

11.32.015 Definitions.

“Vend” or “vending” means an offer to sell or the sale of goods, merchandise, services, food or beverages on a public street, alley, highway, parking lot, sidewalk, pedestrian path or right-of-way.

Whenever the words “park” and “vehicle” are used in this chapter, they shall have the meaning ascribed to them in Chapter 10.04 of this code.

5. That Sections 11.32.030.19, .20, .21, and .28 of the Carlsbad Municipal Code are amended to read as follows:

11.32.030 Unlawful acts.

It is unlawful for any person to do any of the following mentioned acts in or upon any park or beach within the city:

19. To distribute any handbills or circulars, or to post, place or erect any bills, notice, paper, or advertising device or matter of any kind, unless issued a valid vending equipment permit as defined in Chapter 8.32 of this code and the activity under this subsection is limited to advertisements permanently affixed to vending equipment;

20. To sell or offer for sale or to rent or lease any merchandise, article or thing, whatsoever, unless issued a valid vending equipment permit as defined in Chapter 8.32 of this code, or unless granted a special event or park and facility use permit issued by the city council or designee;

21. To practice, carry on, conduct or solicit for any trade, occupation, business or profession of whatsoever kind or character without permission of the city council or city manager, unless issued a valid vending equipment permit as defined in Chapter 8.32 of this code;

28. To sell or offer to sell food, or barter for or solicit a donation for food, without a valid park and facility use permit, special event permit, or vending equipment permit as defined in Chapter 8.32 of this code; all applicable health permit(s) issued by County of San Diego department of health; and if required, a City of Carlsbad business license. This subsection shall not apply to any state, county or local government entity or other political subdivision;

EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; and the City Clerk shall certify the adoption of this ordinance and cause the full text of the ordinance or a summary of the ordinance prepared by the City Attorney to be published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption.

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INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the ______ day of __________, 2024, and thereafter
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the __ day of ________, 2024, by the following vote, to wit:

AYES:

N AYS:

ABSTAIN:

ABSENT:

APPROVED AS TO FORM AND LEGALITY:

_________________________________
CINDIE K. McMAHON, City Attorney
_______________________________________
KEITH BLACKBURN, Mayor

_______________________________________
SHERRY FREISINGER, City Clerk
(SEAL)
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Exhibit 2
ORDINANCE N O. .

AN O RDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,

CALIFORNIA, APPROVING A ZONE CODE AMENDMENT AND A LOCAL COASTAL PROGRAM AMENDMENT TO TITLE 15, GRADING AND DRAINAGE, AND TITLE 21, ZONING ORDINANCE OF THE CARLSBAD MUNICIPAL CODE TO

COMPLETE VARIOUS MISCELLANEOUS CLEANUP CHANGES

C
ASE NAME: 2024 ZONE CODE CLEANUP
CASE NO.: ZCA 2024- 0001/LCPA 2024- 0020/MCA 2024 -0001 (PUB 2024-0005)

WHEREAS, on May 15, 2024, the Planning Commission held a duly noticed public hearing as prescribed by law to consider ZCA 2024-0001/LCPA 2024-0020; and WHEREAS, the Planning Commission adopted Planning Commission Resolution No. 7514 recommending to the City Council that ZCA 2024-001/LCPA 2024-0020 be approved; and WHEREAS, as required by state law, a six-week notice of availability was issued for LCPA 2024- 0020 from May 10, 2024, to June 21, 2024, and no comments were received; and WHEREAS, the City Council of the City of Carlsbad held a duly noticed public hearing as prescribed by law to consider ZCA 2024-0001/LCPA 2024-0020/MCA 2024-0001; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, the City Council considered all factors, including written public comments, if any, related to ZCA 2024-0001/LCPA 2024-0020/MCA 2024-0001.

NOW, THEREFORE, the City Council of the City of Carlsbad, California, ordains as follows that:

1. The above recitations are true and correct.

2. That the findings of the Planning Commission in Planning Commission Resolution No. 7514 shall also constitute the findings of the City Council.

3. Ordinance CS-449 as adopted by the City Council on June 6, 2023, is pending Coastal Commission review and is incorporated into this ordinance.

4. That Section 15.16.060 of the Carlsbad Municipal Code is amended to read as follows:

15.16.060 Work exempt from grading permit.

A. A grading permit shall not be required for the following:

1. Cemetery graves.

2. Refuse disposal sites controlled by other regulations.

3. Excavations for wells, tunnels, utilities, or swimming pools/spas.

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4. Exploratory excavations under the direction of soil engineers or engineering geologists.

5. Clearing and grubbing of vegetation done for the purpose of routine landscape maintenance, the removal of dead or diseased trees or shrubs or the removal of vegetation done upon order of the fire marshal to eliminate a potential fire hazard or for the abatement of weeds.

6. Clearing and grubbing of vegetation done preparatory to agricultural operations on land which has been used for agricultural purposes within the previous five years.

7. Grading on a site where the city engineer finds that the following conditions exist:
a. The amount of soil material moved does not exceed 200 cubic yards (excluding excavation for basements, foundations and footings);
b. No fill material is placed on an existing slope steeper than five units horizontal to one vertical;
c. No cut or fill material exceeds four feet in vertical depth at its deepest point, measured from the existing ground surface.

8. Grading in an isolated, self-contained area.

9. Grading associated with stem wall construction.

10. Retaining walls with a maximum height of 6 feet and the soil material moved does not exceed 200 cubic yards.

11. City capital improvement program (CIP) projects and city-initiated improvement and maintenance projects.

12. Notwithstanding the above, a grading permit shall be required if the city engineer determines that the work may adversely affect existing drainage patterns, result in a condition which may cause damage to adjacent property now or in the future, or may have a detrimental effect on the public health, safety or welfare.

5. That Section 15.16.065 E. of the Carlsbad Municipal Code is amended to read as follows:

15.16.065 Application for grading plan.

E. Grading plan applications for which a permit is not granted within three years following the date of application shall be deemed withdrawn, provided the improvement plans are not associated with a tentative map, tentative parcel map, vesting tentative map, or vesting tentative parcel map, in which case the grading plan application shall be deemed withdrawn on the date of the expiration of the associated tentative map. The grading plans and other documents submitted for review may thereafter be returned to the applicant or destroyed by the City Engineer. In order to renew action on an application after withdrawal, the applicant shall resubmit a new application and pay a new grading plan review application fee.

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6. That Chapter 21.04.024 of the Carlsbad Municipal Code is amended by the addition of a new section as shown below:

21.04.024 Agriculture/aquaculture/flower stands.

Agriculture/aquaculture/flower stands mean a structure of no larger than 200 square feet ancillary to active agriculture/aquacultural uses on the property and for the display and sale of products produced on or off-site. There shall be no space for customers within the structure itself.

7. That Table A, Permitted Uses, of Section 21.07.020 (E -A Exclusive Agricultural Zone) of the Carlsbad Municipal Code is amended by the addition and deletion of the following use listings, modification of related footnote 3 and the addition of footnote 7 to read as follows:

21.07.020 Permitted uses.

Table A
Permitted Uses

Use P CUP Acc
Agriculture (see note 7 below) X
Agriculture/aquaculture/ﬂower stands (see note 3 below) (deﬁned:

Section 21.04.024)
X
Notes:

3. Agriculture/aquaculture/flower stands. Provided that the floor area of the stand shall not exceed two hundred square feet, that the stand is located not nearer than twenty feet to any street or highway, and that the stand is only allowed accessory to an active agricultural or aquacultural use.

7. Only the following agricultural uses, and buildings accessory to such agricultural uses, under this use type are permitted in the E-A zone: (A) Field and seed crops, (B) Truck crops, (C) Horticultural crops, (D) Orchards and vineyards, (E) Tree farms, (F) Fallow lands.

8. That Table A, Permitted Uses, of Section 21.08.020 (R -A Residential Agricultural Zone) of the Carlsbad Municipal Code is amended by the modification of the following use listings and the addition of related footnotes 8 and 9 to read as follows:

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21.08.020 Permitted uses.

Table A
Permitted Uses

Use P CUP Acc
Agriculture (see note 8 below) X
Agriculture/aquaculture/ﬂower stands (see note 9 below) (deﬁned:

Section 21.04.024)
X
Notes:

8. Only the following agricultural uses, and buildings accessory to such agricultural uses, under this use type are permitted in the R-A zone: (A) Field and seed crops, (B) Truck crops, (C) Horticultural crops, (D) Orchards and vineyards, (E) Tree farms, (F) Fallow lands.

9. Agriculture/aquaculture/flower stands. Provided that the floor area of the stand shall not exceed two hundred square feet, that the stand is located not nearer than twenty feet to any street or highway, and that the stand is only allowed accessory to an active agricultural or aquacultural use.

9. That Table A, Permitted Uses, of Section 21.09.020 (R -E Rural Residential Estate Zone) of the Carlsbad Municipal Code is amended by the addition and deletion of the following use listing and the addition of related footnotes 7 and 8 to read as follows:

21.09.020 Permitted uses.

Table A
Permitted Uses

Use P CUP Acc
Agriculture (see note 7 below) X
Agriculture/aquaculture/ﬂower stands (see note 8 below) (deﬁned:

Section 21.04.024)
X
Notes:

7. Only the following agricultural uses, and buildings accessory to such agricultural uses, under this use type are permitted in the R-A zone: (A) Field and seed crops, (B) Truck crops, (C) Horticultural crops, (D) Orchards and vineyards, (E) Tree farms, (F) Fallow lands.

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I I I I

8. Agriculture/aquaculture/flower stands. Provided that the floor area of the stand shall not exceed two hundred square feet, that the stand is located not nearer than twenty feet to any street or highway, and that the stand is only allowed accessory to an active agricultural or aquacultural use.

10. That Table A, Permitted Uses, of Section 21.10.020 (R-1 One-Family Residential Zone) of the Carlsbad Municipal Code is amended by the addition of the following use listings and related footnotes 5 and 6 to read as follows:

21.10.020 Permitted uses.

Table A
Permitted Uses

Use P CUP Acc
Poultry, roosters prohibited (5 or less) (see note 5) X Poultry, roosters prohibited (6-15) (see note 6) X

Notes:

5. Poultry, roosters prohibited (5 or less); The animals must have a designated enclosure, provided that the animals’ enclosure shall not be located within the required front yard. The enclosure shall also not be located within fifteen feet of a habitable structure on an adjoining parcel zoned for residential uses, nor shall the enclosure be located within fifteen feet of a parcel zoned for residential uses when a habitable structure is not involved. In any event, the distance from the parcel zoned for residential uses shall be the greater of the distances so indicated. Animal enclosures must be regularly maintained and kept in a clean and sanitary manner to prevent the accumulation of flies, the spread of disease, or offensive odor.

6. Poultry, roosters prohibited (6-15); The animals must have a designated enclosure, provided that the animals’ enclosure shall not be located within the required front yard. The enclosure shall also not be located within forty feet of a habitable structure on an adjoining parcel zoned for residential uses, nor shall the enclosure be located within forty feet of a parcel zoned for residential uses when a habitable structure is not involved. In any event, the distance from the parcel zoned for residential uses shall be the greater of the distances so indicated. Animal enclosures must be regularly maintained and kept in a clean and sanitary manner to prevent the accumulation of flies, the spread of disease, or offensive odor.

11. That Section 21.10.030 E. deletes the allowance to require owner -occupancy and renumbers sections E.3 – E.12 to correct a numbering error in CS-449 to read as follows:

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I I I I

21.10.030 Accessory dwelling units and junior accessory dwelling units.

E. Other Requirements and Standards. ADUs and JADUs shall comply with all the following requirements and standards:

3. The maximum size 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. Attached ADUs — 50% of the total floor area of the main dwelling or 1, 200 square feet, whichever is less, but not less than 800 square feet; b. Detached ADUs —1, 200 square feet
c. JADUs — 500 square feet

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 July 30, 2024
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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.
a. An ADU shall provide off-street parking in compliance with Chapter 21. 44 Parking), unless it qualifies for an exemption as specified in California Government Code Section 65852. 2 (effective Jan. 1, 2023). 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.
b. The obligations and restrictions imposed on the approval of the ADU(s) per California Government Code Section 65852. 2 (effective Jan. 1, 2023) or JADU per California Government Code Section 65852. 22 (effective Jan. 1, 2023) are binding on all present and future property owners.
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. An ADU may be sold separately from the primary dwelling only in limited situations pursuant to California Government Code Section 65852.26 (effective Jan. 1, 2023).

12. That Section 21.10.040 of the Carlsbad Municipal Code is amended to read as follows:

July 30, 2024
Item #9 Page 16 of 70

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. The use of the dwelling for a home occupation shall be clearly incidental and subordinate to its use for residential purposes by its inhabitants. The establishment and conduct of a home occupation shall not change the principal character or use of the dwelling unit or property involved.

2. The home occupation may not utilize an area greater than twenty percent of the combined total floor area of all on-site structures.

3. There shall be no exterior evidence of the conduct of a home occupation, including outdoor display of equipment, materials, or supplies related directly or indirectly to the home occupation activity. A home occupation shall be conducted entirely within a dwelling, or an attached garage with the exception of tutoring in sports.

4. No employees shall be employed on the premises unless required by local or state law.

5. There shall be no signs, banners or flags identifying or advertising the home occupation.

6. The home occupation shall not create vehicular or pedestrian traffic in excess of that which is normal for the zone in which it is located.

7. The required residential off-street parking shall be maintained.

9. There shall be no separate entrance or exit way specifically provided in the dwelling or on the premises for the conduct of the home occupation, unless required by local or state law.

10. There shall be no process, procedure, substance, or chemical used which is hazardous to public convenience, health, safety, or general welfare or that changes the fire safety or occupancy classifications of the residence.

11. Electrical or mechanical equipment which creates visible or audible interference in radio or television receivers or causes fluctuations in line voltage outside the dwelling unit shall be prohibited. Home occupation activities shall not produce dust, glare, noxious matter, excessive noise, or vibrations beyond the subject property lines.

B. Maximum number of customers and vendors.

1. Home occupations may have a maximum of one customer or vendor on the premises at any one time, between 7:00 a.m. and 7:00 p.m., Monday through Saturday. Home occupations shall not host customers or vendors on the premises more frequently than one customer or vendor within a 2-hour time period.

2. Home occupations involving tutoring students in music, academics, dance swimming or tennis at a residence may have a maximum of six non-resident students at any one time, and no more than 18 non-resident students during any one day. Sports related tutoring may be conducted between 7:00 a.m. and 7:00 p.m., Monday through Saturday.

C. Notwithstanding the provisions above, the following uses are prohibited:

1. Automotive repair or other vehicle repair, body or mechanical; July 30, 2024
Item #9 Page 17 of 70

2. Welding or machining;

3. Medical clinics or labs;

4. Animal hospitals, kennels and grooming facilities (see exception in Section 21.10.040 D); and

5. Uses that require explosives or highly combustible or toxic materials.

D. Notwithstanding 21.10.040 C.4., animal sitting or grooming facilities may be permitted when conducted entirely indoors. Grooming services shall be limited to one customer on the premises at any one time, between 7:00 a.m. and 7:00 p.m., Monday through Saturday with no more than one customer within a 2-hour time period.

E. The home occupation use shall not have utility services modifications, other than those required for normal residential use, that would be classified as commercial or industrial in load or design.

F. Cottage Foods Operation.

1. Cottage Foods Operations shall be permitted as defined by Health and Safety Code Section 113758, conducted only within a dwelling that contains the dwelling’s kitchen and shall not be allowed in a garage or other accessory building.

2. There shall be no on-premise sale of goods except as allowed for a Cottage Food Operation by Health and Safety Code Section 114365 and with a valid County of San Diego Cottage Food permit from Department of Environmental Health. Occasional transport of goods from the premises for off-site sale may occur. Internet sales are not considered on- premise sale of goods.

G. No person shall commence or carry on a home occupation/cottage food operation without first having received approval of a city business license.

H. Home occupations shall comply with all noise, lighting, nuisance, health/safety, and other applicable city and state regulations.

13. That Table A, Permitted Uses, of Section 21.26.010 (C-1 Neighborhood Commercial Zone) of the Carlsbad Municipal Code is amended by the addition of the following use listing to read as follows:

21.26.010 Permitted uses.

Table A
Permitted Uses

Use P CUP Acc
Mixed use developments (deﬁned: Section 21.26.015) X

14. That Table A, Permitted Uses, of Section 21.28.010 (C-2 General Commercial Zone) of the Carlsbad Municipal Code is amended by the addition of the following use listing to read as follows:

July 30, 2024
Item #9 Page 18 of 70

21.28.010 Permitted uses.

Table A
Permitted Uses

Use P CUP Acc
Mixed use developments (deﬁned: Section 21.28.015) X

15. That Table A, Permitted Uses, of Section 21.29.030 (C-T Commercial Tourist Zone) of the Carlsbad Municipal Code is amended by the deletion and addition of the following use listings and the addition of related footnote 3 to read as follows:

21.29.030 Permitted uses.

Table A
Permitted Uses

Use P CUP Acc
Agriculture/aquaculture/ﬂower stands (see note 3 below) (deﬁned:

Section 21.04.024)
X
Notes:

16. That Table A, Permitted Uses, of Section 21.30.010 (C-M Heavy Commercial Zone) of the Carlsbad Municipal Code regarding the permitting of educational facilities is amended to read as follows:

21.30.010 Permitted uses.

Table A
Permitted Uses

Use P CUP Acc
Educational facilities, other (deﬁned: Section 21.04.137) X July 30, 2024
Item #9 Page 19 of 70

I I I I

17. That Table A, Permitted Uses, of Section 21.31.030 (C-L Local Shopping Center Zone) of the Carlsbad Municipal Code is amended by the addition of the following use listing to read as follows:

21.31.030 Permitted uses.

Table A
Uses Permitted in the C-L Zone

Use P CUP Acc
Mixed Use Development (deﬁned: Section 21.31.065) X

18. That Table A, Permitted Uses, of Section 21.32.010 (M Industrial Zone) of the Carlsbad Municipal Code regarding the permitting of educational facilities is amended to read as follows:

21.32.010 Permitted uses.

Table A
Permitted Uses

Use P CUP Acc
Educational facilities, other (deﬁned: Section 21.04.137) X

19. That Table A, Permitted Uses, of Section 21.36.020 (P-U Public Utility Zone) of the Carlsbad Municipal Code is amended by the addition and deletion of duplicative agricultural use listings and the addition of related footnotes 2 and 3 to read as follows:

21.36.020 Permitted uses.

Table A
Permitted Uses

Use P CUP Acc
Agriculture (see note 2 below) X
Agriculture/aquaculture/ﬂower stands (see note 3 below) (deﬁned:

Section 21.04.024)
X
Notes:

July 30, 2024
Item #9 Page 20 of 70

2. Only the following agricultural uses, and buildings accessory to such agricultural uses, under this use type are permitted in the P-U zone: (A) Field and seed crops, (B) Truck crops, (C) Horticultural crops, (D) Orchards and vineyards, (E) Tree farms, (F) Fallow lands.

20. That Table A, Permitted Uses, of Section 21.39.020 (L-C Limited Control Zone) of the Carlsbad Municipal Code is amended by the deletion of the outdated terminology and addition of the following use listings and the addition of related footnote 3 to read as follows:

21.39.020 Permitted uses.

Table A
Permitted Uses

Use P CUP Acc
Agriculture/aquaculture/ﬂower stands (see note 3 below) (deﬁned:

Section 21.04.024)
X
Notes:

21. That Table F, Residential Additions and Accessory Uses to One-Family Dwellings and Twin-Homes on Small Lots, of Section 21.45.090 (Planned Developments Zone) of the Carlsbad Municipal Code and the table’s footnotes are amended by deleting footnote 2 and renumbering the remaining footnotes to read as follows:

21.45.090 Residential additions and accessory uses.

Table F
Residential Additions and Accessory Uses to One-Family Dwellings and Twin-Homes on Small Lots

Addition/Accessory Use
Minimum Front
Yard Setback
Minimum Side and Rear
Yard Setbacks
Attached/detached patio covers 10 feet to posts 5 feet to posts July 30, 2024
Item #9 Page 21 of 70

I I I I

(2-foot overhang
permitted)
(2-foot overhang
permitted)
Non-habitable detached accessory
buildings/structures
(e.g., garages, workshops, decks over 30 inches in
height)(1) (2)
20 feet 5 feet
Habitable detached accessory buildings
(i.e. guest houses and accessory dwelling units) (2) (3) (4)
Same setbacks as required for the primary
dwelling
Additions to dwelling (attached) Same setbacks as required for the dwelling

Notes:
(1) Maximum building height is 1 story and 14 feet with a 3:12 roof pitch or 10 feet with less than a 3:12 roof pitch.
(2) Must be architecturally compatible with the existing structure. (3) Except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030. (4) Refer to California Government Code Section 65852.2 (effective Jan. 1, 2023) for front yard setback requirements for 800 sq. ft. maximum ADUs with four-foot side and rear yard setbacks and constructed in compliance with all other development standards.

22. That Section 21.58.030 of the Carlsbad Municipal Code is amended to read as follows:

21.58.030 Expiration of permits.

A. Any permit or approval granted pursuant to this title becomes null and void if not exercised within three years of the date of approval; however, permits or approvals which are issued in conjunction with a tentative map or tentative parcel map, shall not expire sooner than the approved tentative map or tentative parcel map. The permit or approval may be extended pursuant to Section 21.58.040.

B. A project shall be considered “exercised” when:
(1) A vesting tentative map has been approved pursuant to California Government Code section 66498.1 and has not expired; or
(2) A valid building or grading permit has been issued and substantial work has been performed with at least one inspection conducted by the city to ensure compliance with codes and approved construction documents; or

C. If no building or grading permits are required, the action granting an approval pursuant to this title shall specify the terms and limitations of a use or activity.

23. T
hat Section 21.85.020 A. of the Carlsbad Municipal Code is amended to read as follows:

July 30, 2024
Item #9 Page 22 of 70

21.85.020 Definitions.

Whenever the following terms are used in this chapter, they shall have the meaning established by this section:

A. “Affordable housing” means housing for which the allowable housing expenses paid by a qualifying household shall not exceed a specified fraction of the county median income, adjusted for household size, as follows:

1. Extremely low-income, rental units: the product of thirty percent times thirty percent of the county median income, adjusted for household size, in accordance with California Health and Safety Code Section 50053;

2. Extremely low-income, ownership units: the product of thirty percent times thirty percent of the county median income, adjusted for household size, in accordance with California Health and Safety Code Section 50052.5;

3. Very low-income, rental units: the product of thirty percent times fifty percent of the county median income, adjusted for household size, in accordance with California Health and Safety Code Section 50053;

4. Very low-income, ownership units: the product of thirty percent times fifty percent of the county median income, adjusted for household size, in accordance with California Health and Safety Code Section 50052.5;

5. Low-income, ownership units: the product of thirty percent times seventy percent of the county median income, adjusted for household size, in accordance with California Health and Safety Code Section 50052.5; and

6. Low-income, rental units: the product of thirty percent times sixty percent of the county median income, adjusted for household size, in accordance with California Health and Safety Code Section 50053.

24. That Section 21.85.040 of the Carlsbad Municipal Code is amended to read as follows:

21.85.040 Affordable housing standards.

The affordable housing standards are as follows:

A. All qualifying residential developments pursuant to Section 21.85.030(A) are subject to and must satisfy the inclusionary housing requirements of this chapter, notwithstanding a developer’s request to process a residential development under other program requirements, laws or regulations, including, but not limited to, Chapter 21.86 (Residential Density Bonus) of this code. If an applicant seeks to construct affordable housing to qualify for a density bonus in accordance with the provisions of Chapter 21.86 (Residential Density Bonus), those affordable dwelling units that qualify a residential development for a density bonus shall also be counted toward satisfying the inclusionary housing requirements of this chapter.

B. Whenever reasonably possible, inclusionary units should be built on the residential development project site.

C. The required inclusionary units shall be constructed concurrently with market-rate units unless both the final decision-making authority of the city and developer agree within the affordable housing agreement to an alternative schedule for development.

July 30, 2024
Item #9 Page 23 of 70

D. Inclusionary rental units shall remain restricted and affordable to the designated income group for fifty-five years. In addition to the income of a targeted group, limitations on assets may also be used as a factor in determining eligibility for rental or ownership units.

Notwithstanding anything to the contrary in this chapter, no inclusionary unit shall be rented for an amount which exceeds ninety percent of the actual rent charged for a comparable market unit in the same development, if any. For projects with both inclusionary units and market-rate units, the inclusionary units shall be provided in the same tenure as the market- rate units, consistent with California Civil Code 714.7.

E. After the initial sale of the inclusionary ownership units at a price affordable to the target income level group, inclusionary ownership units shall remain affordable to subsequent income eligible buyers pursuant to a resale restriction with a term of thirty years or ownership units may be sold at a market price to other than targeted households provided that the sale shall result in the recapture by the city or its designee of a financial interest in the units equal to the amount of subsidy necessary to make the unit affordable to the designated income group and a proportionate share of any appreciation. Funds recaptured by the city shall be used in assisting other eligible households with home purchases at affordable prices. To the extent possible, projects using ownership units to satisfy inclusionary requirements shall be designed to be compatible with conventional mortgage financing programs including secondary market requirements.

F. Inclusionary units should be located on sites that are in proximity to or will provide access to employment opportunities, urban services, or major roads or other transportation and commuter rail facilities and that are compatible with adjacent land uses.

G. Both the internal and external design of the inclusionary units shall be reasonably consistent or compatible with the design of the total project development in terms of appearance, materials and finished quality. Interior finishes and amenities may differ from those provided in the market rate units, but neither the workmanship nor the products may be of substandard or inferior quality as determined by the city.

H. Inclusionary projects shall provide a mix of number of bedrooms in the affordable dwelling units in response to affordable housing demand priorities of the city. Bedroom count and unit sizes of inclusionary units shall be commensurate with market rate units.

I. No building permit shall be issued, nor any development approval granted for a development which does not meet the requirements of this chapter. No inclusionary unit shall be rented or sold except in accordance with this chapter.

J. For Mixed-Income projects, where both inclusionary units and market rate units exist, the inclusionary units shall be dispersed throughout the project, and not congregated to specific areas or floors, consistent with California Health and Safety Code Section 17929.

25. That Section 21.85.140 D. of the Carlsbad Municipal Code is amended to read as follows:

21.85.140 Affordable housing agreement as a condition of development.

D. An affordable housing agreement will not be required for projects which will be satisfying their inclusionary housing requirement through payment to the city of an in-lieu fee or credit purchase.

July 30, 2024
Item #9 Page 24 of 70

26. That Section 21.86.100 of the Carlsbad Municipal Code is amended to read as follows:

21.86.100 Design and quality.

A. The city may not issue building permits for more than 50 percent of the market rate units until it has issued building permits for all of the affordable units, and the city may not approve any final inspections or certificates of occupancy for more than 50 percent of the market rate units until it has issued final inspections or certificates of occupancy for all of the affordable units.

B. Affordable units shall be comparable in exterior and interior appearance and overall quality of construction to market rate units in the same housing development. Interior finishes and amenities may differ from those provided in the market rate units, but neither the workmanship nor the products may be of substandard or inferior quality as determined by the city.

C. The number of bedrooms of the affordable units shall at least equal the minimum number of bedrooms of the market rate units. Bedroom count and unit size shall also be commensurate with market rate units.

D. For Mixed-Income projects, where both inclusionary units and market rate units exist, the inclusionary units shall be dispersed throughout the project, and not congregated to specific areas or floors, consistent with California Health and Safety Code Section 17929.

27. That the Carlsbad Municipal Code is amended by the addition of new Chapter 21.89 Substantial Conformance Review to read as follows:

Chapter 21.89 SUBSTANTIAL CONFORMANCE REVIEW

21.89.010 Purpose and Intent.

After a discretionary project is approved, the applicant may need to request minor revisions, usually as the result of a plan check or new requirement. Minor changes may be approved by the city planner if found to be in “substantial conformance” with the original project description, findings, and conditions.

The purpose of this section is to provide a process that determines if a post-entitlement permit or ministerial permit application is substantially consistent and in conformance with a previously approved discretionary action when changes to the previous approval are proposed. This includes a review of the post-entitlement permit or ministerial permit application against approved exhibits, permit conditions, and environmental documentation associated with the authorizing discretionary permit, and applicable land-use policies and standards.

July 30, 2024
Item #9 Page 25 of 70

21.89.020 Applicability.

Unless otherwise stated as a permit condition or as required by the municipal code, substantial conformance review is an optional service available to applicants who are proposing to modify their project after an authorizing discretionary permit has been approved by the city.

21.89.030 Immaterial Changes.

The city planner may determine changes are immaterial, do not require substantial conformance review, and may be approved as part of the ministerial application. Immaterial changes are very minor changes to the project and incidental in nature, are consistent with all development standards, and are of no substantial consequence to the project approval, including its exhibits, conditions, and environmental documentation. The city documents the approval of immaterial changes in the post- entitlement permit or ministerial permit application. Examples of immaterial changes may include but are not limited to:

A. Floor plan revisions that do not increase parking demand or modify the building footprint.

B. Modification of the length, height and location of garden, perimeter, and retaining walls.

C. Reconfiguration or addition of parking lot planters.

D. Resizing of a minor feature, such as a window, that does not exceed a 10 percent change from the original dimensions.

E. Repainting a structure or appurtenance in a hue that is substantially similar to the approved project.

21.89.040 Substantial Conformance Request.

An application for a substantial conformance review shall be on a form provided by the city planner, which shall require that information necessary to make the findings specified within this chapter.

21.89.050 Fees.

The City Council may impose by resolution a nonrefundable fee to reimburse the city for its reasonable and necessary costs in receiving, processing, and reviewing applications for a substantial conformance review.

21.89.060 Review Authority and Procedure.

A. A request for substantial conformance review may be approved by the city planner and shall be processed independently of any other required development permits.

B. The filing of an application for request for substantial conformance review shall not require public notice.

C. If necessary to reach a determination on the request for substantial conformance review, the city planner may request:

1. Further information from the applicant, specifying in detail the information that is required.

2. Information from other city departments and divisions or other agencies.

D. Conditions of approval cannot be removed or revised as a substantial conformance request.

E. Within 30 days after receipt of a complete substantial conformance review application, the city planner shall notify the applicant of the decision to approve or deny the request, with the reasons for denial stated according to the findings contained in Section 21.89.070.

July 30, 2024
Item #9 Page 26 of 70

F. If the city planner denies the request, the applicant may pursue the request to change the project by filing an amendment to the authorizing discretionary permit(s) pursuant to Section

21.54.125 of this title.

21.89.080 Required Findings.

A. A project revision may be determined to be consistent with the approved discretionary action if the following findings can be made:

1. That the proposed revision provides an architectural style of development that is substantially consistent with the building forms, building colors, and building materials that were approved as part of the authorizing discretionary action.

2. That the proposed revision complies with all relevant development standards and design criteria and will not result in any health, safety, or welfare impacts.

3. That the proposed revision is consistent with the density, intensity, or use from what was approved as part of the authorizing discretionary action.

4. That the proposed revision is minor and authorizes a deviation or deviations of no more than 10 percent, provided that it is consistent with the authorizing discretionary action and maintains compliance with all relevant development standards. Examples of deviations that may be granted include but are not limited to:
a. On an individual lot or structure basis: yards, setbacks, lot coverage and building height (height reductions of greater than 10 percent are permitted). b. On an aggregate project basis: parking, open space, common area, or landscaping, including planting area, quantity and size. c. A deviation permitted under this section does not increase the intensity of the project or have a potentially detrimental effect.

5. That the proposed revision maintains, in their entirety, all of the project conditions required as part of the authorizing discretionary action.

6. That the proposed revision is consistent with the previously evaluated environmental findings and will not result in any significant environmental impact, and/or require further environmental review.

7. That the proposed revision is consistent with the standards set forth in the Village and Barrio Objective Design Standards or the Citywide Objective Design Standards, as applicable.

21.89.090 Public Parks.

Modifications to approved discretionary permits for public parks also may be permitted subject to Section 21.42.140 B. 100 of this title.

21.89.100 Appeal.

The effective date of the city planner’s decision and method for appeal of such decision shall be governed by Chapter 21.54.140 of this title.

21.89.110 Severability.

passed the ordinance codified in this chapter and each section, subsection, sentence, clause, or phrase contained in it irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases are declared invalid or unconstitutional.

28. That Section 21.201.130 A. 3. of the Carlsbad Municipal Code is amended to read as follows:

21.201.130 Developments appealable to the coastal commission.

A. The following developments, due to their type or location, are within the appeal jurisdiction of the coastal commission. Only decisions approving a coastal development permit for these developments are appealable to the coastal commission, unless otherwise noted. Areas subject to appeal jurisdiction are shown on the post LCP certification map which is on file in the planning division.

3. Developments approved by the city not included within subsection A of this section which are located in a sensitive coastal resource area.

29. That Section 21.210.030 of the Carlsbad Municipal Code is amended to include new subsection C. to read as follows:

21.210.030 Applicability.

C. No removal of habitat, including mowing, shall occur until all the processing and permitting requirements of this chapter are satisfied.

30. That Section 21.210.100 of the Carlsbad Municipal Code is amended to update A.2 to read as follows:

21.210.100 Enforcement measures – Violations and remedies.

A. Whenever the City Planner determines that a violation of this chapter has occurred or an individual has impacted habitat without the benefit of an HMP permit, the following enforcement measures and remedies may be undertaken by the City Planner, in lieu of or in addition to any remedial actions undertaken in accordance with Section 15.16.140 of the municipal code.

1. Stop Work Notice. The City Planner shall issue a stop work order demanding that all activities in violation of this chapter be stopped until a valid HMP permit is obtained and corrective action is authorized by the City Planner.

the HMP. The owner of the property shall be responsible for correcting any grading, clearing, or removal of habitat on the property, which occurred in violation of this chapter, including a violation which occurred prior to the owner’s acquisition of the property and which continues after the acquisition of the property.

31. That all instances of the abbreviation “O-S” in Title 21 of the Carlsbad Municipal Code shall be replaced with “OS.”

EFFECTIVE DATE OF THIS ORDINANCE APPLICABLE TO PROPERTIES OUTSIDE THE COASTAL ZONE: This ordinance shall be effective thirty days after its adoption; and the City Clerk shall certify the adoption of this ordinance and cause the full text of the ordinance or a summary of the ordinance prepared by the City Attorney to be published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption.

EFFECTIVE DATE OF THIS ORDINANCE APPLICABLE TO PROPERTIES INSIDE THE COASTAL ZONE:

This ordinance shall be effective thirty days after its adoption or upon Coastal Commission approval of LCPA 2024-0020, whichever occurs later; and the City Clerk shall certify the adoption of this ordinance and cause the full text of the ordinance or a summary of the ordinance prepared by the City Attorney to be published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption.

July 30, 2024
Item #9 Page 29 of 70

AYES:

N AYS:

ABSTAIN:

ABSENT:

APPROVED AS TO FORM AND LEGALITY:

_________________________________
CINDIE K. McMAHON, City Attorney
_______________________________________
KEITH BLACKBURN, Mayor

_______________________________________
SHERRY FREISINGER, City Clerk
(SEAL)
July 30, 2024
Item #9 Page 30 of 70
RESOLUTION NO. 2024-198

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,

CALIFORNIA, APPROVING A LOCAL COASTAL PROGRAM AMENDMENT TO

UPDATE THE LOCAL COASTAL PROGRAM IMPLEMENTATION PLAN BY INCORPORATING AMENDMENTS TO TITLE 15, GRADING AND DRAINAGE, AND TITLE 21, ZONING ORDINANCE, OF THE CARLSBAD MUNICIPAL CODE CASE NAME:

CASE NO.:
2024 ZONE CODE CLEAN UP
ZCA 2024-0001/LCPA 2024-0020/MCA 2024-0001
(PUB 2024-0005).

WHEREAS, the City Planner has prepared amendments to the Carlsbad Munidpal Code and Local Coastal Program {ZCA 2024-0001/LCPA 2024-0020/MCA 2024-0001) pursuant to Chapter 21.52 of the Carlsbad Municipal Code, Section 30514 of the Public Resources Code, and Section 13551 of California Code of Regulations Title 14, Division 5.5; and WHEREAS, the Carlsbad Municipal Code Title 21 (Zoning Ordinance) and Section 15.16 of Title 15 {Grading and Drainage Ordinance) are part of the Carlsbad Local Coastal Program Implementation Plan, and therefore, amendments to Title 21 and Section 15.16 also constitute amendments to the Local Coastal Program; and
WHEREAS, the City Council of the City of Carlsbad, California has determined that pursuant to the provisions of the Municipal Code, the Planning Commission did, on May 15, 2024, hold a duly noticed public hearing as prescribed by law to consider Planning Commission Resolution 7514, recommending approval of Local Coastal Program Amendment LCPA 2024-0020; and the Planning Commission adopted Planning Commission Resolution 7514 recommending to the City Council that LCPA 2024-0020 be approved; and
WHEREAS, the City Council held a duly noticed public hearing to consider LCPA 2024-0020 as recommended by the Planning Commission; and WHEREAS, pursuant to California Coastal Commission regulations, a six-week public review period for LCPA 2024-0020 began on May 10, 2024, and ended on June 21, 2024; no comments were received during the review period; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, the City Council considered all factors relating to LCPA 2024- 0020.

Exhibit 3
July 30, 2024 Item #9 Page 31 of 70
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows:

1. 2.

That the above recitations are true and correct.

That the recommendation of the Planning Commission for approval of LCPA 2024-0020 to amend the Carlsbad Local Coastal Program Implementation Plan is approved, and the findings of the Planning Commission contained in Planning Commission Resolution 7514, on file with the City Clerk and incorporated herein by reference, are the findings of the City Council.

3. The approved Local Coastal Program Implementation Plan shall not become effective until approved and certified by the California Coastal Commission.

4. This action is final the date this resolution is adopted by the City Council. The provisions of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial Review," shall apply:
"NOTICE"
The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chanter 1.16. Any petition or other paper seeking review must be filed in the appropriate court not later than the 90th day following the date on which this decision becomes final; however, if within 10 days after the decision becomes final a request for the record is filed with a deposit in an amount sufficient to cover the estimated cost of preparation of such record, the time within which such petition may be filed in court is extended to not later than the 30th day following the date on which the record is either personally delivered or mailed to the party, or the party's attorney of record, if the party has one. A written request for the preparation of the record of proceedings shall be filed with the Office of the City Clerk, 1200 Carlsbad Village Drive, Carlsbad, CA 92008.

July 30, 2024 Item #9 Page 32 of 70
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 30th day of :!J!!y, 2024, by the following vote, to wit:

AYES:

NAYS:

ABSTAIN:

ABSENT:

BLACKBURN, BHAT-PATEL, ACOSTA, BURKHOLDER, LUNA.

NONE.

NONE..

KEITH BLACKBURN, Mayor
SHERRY FREISINGER, City Clerk
(SEAL)

July 30, 2024 Item #9 Page 33 of 70
Exhibit 4

ZCA 2024-0001/LCPA 2024-00 20/MCA 2024-0001 (PUB 2024-0005) 2024 ZONE CODE CLEAN UP
Draft revisions to the Carlsbad Municipal Code Titles 8, 11, 15 and 21 (Zoning Ordinance)

NOTE:

Proposed changes are shown in strikeout/underline format. Highlights indicate changes approved by the City Council as part Ordinance CS-449 on June 6, 2023, and pending Coastal Commission review.

Additionally, bracketed, italicized text (e.g., “[text]”) provides clariﬁcation where needed. _____________________________________________________________________________________

Am
endment 1

1. That Table F of Section 21.45.090 (Planned Developments Zone) of the Carlsbad Municipal Code and the table’s footnotes are amended by deleting footnote 2 and renumbering the remaining footnotes to read as follows:

21.45.090 Residential additions and accessory uses.

Table F
Residential Additions and Accessory Uses to One-Family Dwellings and Twin-Homes on Small Lots

Addition/Accessory Use
Minimum Front Yard
Setback
Minimum Side and Rear Yard
Setbacks
Attached/detached patio covers(2)
10 feet to posts
(2-foot overhang
permitted)
5 feet to posts
(2-foot overhang permitted)
Non-habitable detached accessory buildings/structures
(e.g., garages, workshops, decks over 30 inches in height)(1),(2),(32) 20 feet 5 feet Habitable detached accessory buildings
(i.e. guest houses and accessory dwelling units) (2) (3), (4), (5) Same setbacks as required for the primary dwelling Additions to dwelling (attached) Same setbacks as required for the dwelling

Notes:
(1) Maximum building height is 1 story and 14 feet with a 3:12 roof pitch or 10 feet with less than a 3:12 roof pitch.
(2) Minimum 10-f
oot separation required between a habitable building and any other detached accessory building/structure.
(32) Must be architecturally compatible with the existing structure. (43) Except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030. (54) Refer to California Government Code Section 65852.2 (eﬀective Jan. 1, 2023) for front yard setback requirements for 800 sq. ft. maximum ADUs with four-foot side and rear yard setbacks and constructed in compliance with all other development standards. [Note: This was added as footnote 5 by Ordinance CS-449; the footnote number is proposed to change from 5 to 4 as shown.] July 30, 2024
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Amendment 2

2. That Section 21.201.130 A. 3. of the Carlsbad Municipal Code is amended to read as follows:

21.201.130 Developments appealable to the coastal commission.

A. The following developments, due to their type or location, are within the appeal jurisdiction of the coastal commission. Only decisions approving a coastal development permit for these developments are appealable to the coastal commission, unless otherwise noted. Areas subject to appeal jurisdiction are shown on the post LCP certiﬁcation map which is on ﬁle in the planning division.

3. Developments approved by the city not included within subsection s A and B of this section which are located in a sensitive coastal resource area.

July 30, 2024
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Amendment 3

3. That Section 21.10.030 of the Carlsbad Municipal Code adds number E.3 to an unnumbered section, renumbers existing sections E.3 – E.11, and deletes existing section E.11 to read as follows [Note: This strikeout is compared to the text as approved in Ordinance CS-449, which is the origin of the numbering error for section E.3 and following.]:

21.10.030 Accessory dwelling units and junior accessory dwelling units.

E. Other Requirements and Standards. ADUs and JADUs shall comply with all the following requirements and standards:

3. T he maximum size 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. Att ached ADUs — 50% of the total ﬂoor area of the main dwelling or 1, 200 square feet, whichever is less, but not less than 800 square feet;
b. Detached ADUs —1, 200 square feet
c. JADUs — 500 square feet

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.

4. 5. Roof decks shall not be permitted on detached ADUs.

5. 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.

6. 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.

7. 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 July 30, 2024
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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.

8. 9. Parking.
a. An ADU shall provide oﬀ-street parking in compliance with Chapter 21. 44 Parking), unless it qualiﬁes for an exemption as speciﬁed in California Government Code Section 65852. 2 (eﬀective Jan. 1, 2023).
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.

9. 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.

10. 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.
b. The obligations and restrictions imposed on the approval of the ADU(s) per California Government Code Section 65852. 2 (eﬀective Jan. 1, 2023) or JADU per California Government Code Section 65852. 22 (eﬀective Jan. 1, 2023) are binding on all present and future property owners.
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.

11. F
or ADUs permitted prior to January 1, 2020, the city may continue to enforce a requirement for owner -occupancy of the ADU or primary residence.

July 30, 2024
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Amendment 4

4. That Table A, Permitted Uses, of Section 21.30.010 (C-M Heavy Commercial Zone) of the Carlsbad Municipal Code regarding the permitting of educational facilities is amended to read as follows:

21.30.010 Permitted uses.

Table A
Permitted Uses

Use P CUP Acc
Educational facilities, other (deﬁned: Section 21.04.137) X 1

5. That Table A, Permitted Uses, of Section 21.32.010 (M Industrial Zone) of the Carlsbad Municipal Code regarding the permitting of educational facilities is amended to read as follows:

21.32.010 Permitted uses.

Table A
Permitted Uses

Use P CUP Acc
Educational facilities, other (deﬁned: Section 21.04.137) X 1

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Amendment 5

6. That Section 21.58.030 of the Carlsbad Municipal Code is amended to read as follows:

21.58.030 Expiration of permits

A. A ny permit or approval granted pursuant to this title becomes null and void if not exercised within three two years of the date of approval; however, permits or approvals which are issued in conjunction with a tentative map or tentative parcel map, shall not expire sooner than the approved tentative map or tentative parcel map. The permit or approval may be extended pursuant to Section 21.58.040.

July 30, 2024
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Amendment 6

7. That Section 21.10.040 of the Carlsbad Municipal Code is amended to read as follows:

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)

2. The home occupation may not utilize an area greater than twenty percent of the combined total ﬂoor area of all on-site structures.

4. No employees shall be employed on the premises unless required by local or state law.

5. There shall be no signs, banners or ﬂags identifying or advertising the home occupation.

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6. T he home occupation shall not create vehicular or pedestrian traﬃc in excess of that which is normal for the zone in which it is located.

7. The required residential oﬀ-street parking shall be maintained.

9. There shall be no separate entrance or exit way speciﬁcally provided in the dwelling or on the premises for the conduct of the home occupation, unless required by local or state law.

10. There shall be no process, procedure, substance, or chemical used which is hazardous to public convenience, health, safety, or general welfare or that changes the ﬁre safety or occupancy classiﬁcations of the residence.

11. Electrical or mechanical equipment which creates visible or audible interference in radio or television receivers or causes ﬂuctuations in line voltage outside the dwelling unit shall be prohibited. Home occupation activities shall not produce dust, glare, noxious matter, excessive noise, or vibrations beyond the subject property lines.

B. Maximum number of customers and vendors.

C. Notwithstanding the provisions above, the following uses are prohibited:

1. Automotive repair or other vehicle repair, body or mechanical;

2. Welding or machining;

3. Medical clinics or labs;

4. Animal hospitals, kennels and grooming facilities (see exception in Section 21.10.040 D); and

5. Uses that require explosives or highly combustible or toxic materials.

E. The home occupation use shall not have utility services modiﬁcations, other than those required for normal residential use, that would be classiﬁed as commercial or industrial in load or design.

F. Cottage Foods Operation.

1. Cottage Foods Operations shall be permitted as deﬁned by Health and Safety Code Section 113758, conducted only within a dwelling that contains the dwelling's kitchen and shall not be allowed in a garage or other accessory building.

Page 9 ends

from the premises for oﬀ-s ite sale may occur. Internet sales are not considered on-premise sale of goods.

G. No person shall commence or carry on a home occupation/cottage food operation without ﬁrst having received approval of a city business license.

H. Home occupations shall comply with all noise, lighting, nuisance, health/safety, and other applicable city and state regulations.

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Amendment 7

8. That Table A, Permitted Uses, of Section 21.26.010 (C-1 Neighborhood Commercial Zone) of the Carlsbad Municipal Code is amended by the addition of the following use listing to read as follows:

21.26.010 Permitted uses.

Table A
Permitted Uses

Use P CUP Acc
Mixed use developments (deﬁned: Section 21.26.015) X

9. That Table A, Permitted Uses, of Section 21.28.010 (C-2 General Commercial Zone) of the Carlsbad Municipal Code is amended by the addition of the following use listing to read as follows:

21.28.010 Permitted uses.

Table A
Permitted Uses

Use P CUP Acc
Mixed use developments (deﬁned: Section 21.28.015) X

10. That Table A, Permitted Uses in the C-L Zone, of Section 21.31.030 (C-L Local Shopping Center Zone) of the Carlsbad Municipal Code is amended by the addition of the following use listing to read as follows:

21.31.030 Permitted uses.

Table A
Uses Permitted in the C-L Zone

Use P CUP Acc
Mixed Use Development (deﬁned: Section 21.31.065) X

July 30, 2024
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Amendment 8

11. That Table A, Permitted Uses, in Section 21.10.020 (R-1 One-Family Residential Zone) of the Carlsbad Municipal Code is amended by the addition of the following use listings and related footnotes 5 and 6 to read as follows:

21.10.020 Permitted uses.

Table A
Permitted Uses

Use P CUP Acc
Poultry, roosters prohibited (5 or less) (see note 5) X Poultry, roosters prohibited (6-15) (see note 6) X

Notes:

6. Poultry, roosters prohibited (6-15); The animals must have a designated enclosure provided that the animals’ enclosure shall not be located within the required front yard. The enclosure shall also not be located within forty feet of a habitable structure on an adjoining parcel zoned for residential uses, nor shall the enclosure be located within forty feet of a parcel zoned for residential uses when a habitable structure is not involved. In any event, the distance from the parcel zoned for residential uses shall be the greater of the distances so indicated. Animal enclosures must be regularly maintained and kept in a clean and sanitary manner to prevent the accumulation of flies, the spread of disease, or offensive odor.

July 30, 2024
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Amendment 9

12. That all instances of the abbreviation “O-S” in the Carlsbad Municipal Code be replaced with “OS.”

July 30, 2024
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Amendment 10

13. That Section 21.210.030 of the Carlsbad Municipal Code is amended to include new subsection C. to read as follows:

21.210.030 Applicability.

C. N o removal of habitat, including mowing, shall occur until all the processing and permitting requirements of this chapter are satisﬁed.

14. That Section 21.210.100 of the Carlsbad Municipal Code is amended to update A.2 to read as follows:

21.210.100 Enforcement measures – Violations and remedies.

A. Whenever the City Planner determines that a violation of this chapter has occurred or an individual has impacted habitat without the beneﬁt of an HMP permit, the following enforcement measures and remedies may be undertaken by the City Planner, in lieu of or in addition to any remedial actions undertaken in accordance with Section 15.16.140 o f the
municipal code.

1. S top Work Notice. The City Planner shall issue a stop work order demanding that all activities in violation of this chapter be stopped until a valid HMP permit is obtained and corrective action is authorized by the City Planner.

2. Corrective Action. The City Planner, in consultation with the wildlife agencies, shall d
etermine the extent of corrective action necessary to cure the violation. Corrective action may include a higher mitigation ratio than speciﬁed in Table 11 of Section D.6 of the HMP . The owner of the property shall be responsible for correcting any grading, clearing, or removal of habitat on the property, which occurred in violation of this chapter, including a violation which occurred prior to the owner’s acquisition of the property and which continues after the acquisition of the property.

July 30, 2024
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Amendment 11

15. That Section 21.85.020 A. of the Carlsbad Municipal Code is amended to read as follows:

21.85.020 Deﬁnitions.

Whenever the following terms are used in this chapter, they shall have the meaning established by this section:

A. “Aﬀordable housing” means housing for which the allowable housing expenses paid by a qualifying household shall not exceed a speciﬁed fraction of the county median income, adjusted for household size, as follows:

1. Extremely low -income, rental or ownership units: the product of thirty percent times thirty percent of the county median income, adjusted for household size, in accordance with California Health and Safety Code Section 50053;

23. Very low-income, rental and ownership units: the product of thirty percent times ﬁfty percent of the county median income, adjusted for household size, in accordance with California Health and Safety Code Section 50053;

4. Very low-income, ownership units: the product of thirty percent times ﬁfty percent of the county median income, adjusted for household size, in accordance with California Health and Safety Code Section 50052.5;

35. Low-income, ownership units: the product of thirty percent times seventy percent of the county median income, adjusted for household size, in accordance with California Health and Safety Code Section 50052.5; and

46. Low-income, rental units: the product of thirty percent times sixty percent of the county median income, adjusted for household size, in accordance with California Health and Safety Code Section 50053.

16. That Section 21.85.040 of the Carlsbad Municipal Code is amended to read as follows:

21.85.040 Aﬀordable housing standards.

The aﬀordable housing standards are as follows:

A. All qualifying residential developments pursuant to Section 21.85.030(A) are subject to and must satisfy the inclusionary housing requirements of this chapter, notwithstanding a developer’s request to process a residential development under other program requirements, laws or regulations, including, but not limited to, Chapter 21.86 (Residential Density Bonus) of this code. If an applicant seeks to construct aﬀordable housing to qualify for a density bonus in accordance with the provisions of Chapter 21.86 (Residential Density Bonus), those aﬀordable dwelling units that qualify a residential development for a density bonus shall also be counted toward satisfying the inclusionary housing requirements of this chapter.

July 30, 2024
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B. Whenever reasonably possible, inclusionary units should be built on the residential development project site.

C. The required inclusionary units shall be constructed concurrently with market-rate units unless both the ﬁnal decision-making authority of the city and developer agree within the aﬀordable housing agreement to an alternative schedule for development.

D. Inclusionary rental units shall remain restricted and aﬀordable to the designated income group for ﬁfty-ﬁve years. In addition to the income of a targeted group, limitations on assets may also be used as a factor in determining eligibility for rental or ownership units. Notwithstanding anything to the contrary in this chapter, no inclusionary unit shall be rented for an amount which exceeds ninety percent of the actual rent charged for a comparable market unit in the same development, if any. For projects with both inclusionary units and market-rate units, the inclusionary units shall be provided in the same tenure as the market-rate units, consistent with California Civil Code 714.7.

E. After the initial sale of the inclusionary ownership units at a price aﬀordable to the target income level group, inclusionary ownership units shall remain aﬀordable to subsequent income eligible buyers pursuant to a resale restriction with a term of thirty years or ownership units may be sold at a market price to other than targeted households provided that the sale shall result in the recapture by the city or its designee of a ﬁnancial interest in the units equal to the amount of subsidy necessary to make the unit aﬀordable to the designated income group and a proportionate share of any appreciation. Funds recaptured by the city shall be used in assisting other eligible households with home purchases at aﬀordable prices. To the extent possible, projects using ownership units to satisfy inclusionary requirements shall be designed to be compatible with conventional mortgage ﬁnancing programs including secondary market requirements.

G. B
oth Tthe internal and external design of the inclusionary units shall be reasonably consistent or compatible with the design of the total project development in terms of appearance, materials and ﬁnished quality. Interior ﬁnishes and amenities may diﬀer from those provided in the market rate units, but neither the workmanship nor the products may be of substandard or inferior quality as determined by the city.

H. Inclusionary projects shall provide a mix of number of bedrooms in the aﬀordable dwelling units in response to aﬀordable housing demand priorities of the city. Bedroom count and unit sizes of inclusionary units shall be commensurate with market rate units.

J. For Mixed-I
ncome projects, where both inclusionary units and market rate units exist, the inclusionary units shall be dispersed throughout the project, and not congregated to speciﬁc areas or ﬂoors, consistent with California Health and Safety Code Section 17929.

17. That Section 21.85.140 D. of the Carlsbad Municipal Code is amended to read as follows:

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21.85.140 Aﬀordable housing agreement as a condition of development.

D. An aﬀordable housing agreement will not be required for projects which will be satisfying their inclusionary housing requirement through payment to the city of an in-lieu fee or credit purchase.

18. That Section 21.86.100 of the Carlsbad Municipal Code is amended to read as follows:

21.86.100 Design and quality.

A. The city may not issue building permits for more than 50 percent of the market rate units until it has issued building permits for all of the aﬀordable units, and the city may not approve any ﬁnal inspections or certiﬁcates of occupancy for more than 50 percent of the market rate units until it has issued ﬁnal inspections or certiﬁcates of occupancy for all of the aﬀordable units.

Aﬀordable units shall be comparable in exterior and interior appearance and overall quality of construction to market rate units in the same housing development. Interior ﬁnishes and amenities may diﬀer from those provided in the market rate units, but neither the workmanship nor the products may be of substandard or inferior quality as determined by the city.

C. The number of bedrooms of the aﬀordable units shall at least equal the minimum number of b
edrooms of the market rate units. Bedroom count and unit size of inclusionary units shall also be commensurate with market rate units.

D. For Mixed-Income projects, where both inclusionary units and market rate units exist, the inclusionary units shall be dispersed throughout the project, and not congregated to speciﬁc areas or ﬂoors, consistent with California Health and Safety Code Section 17929.

July 30, 2024
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Amendment 12

19. That Chapter 21.04.024 of the Carlsbad Municipal Code is amended by the addition of a new section as shown below:

21.04.024 Agriculture/aquaculture/ﬂower stands.

Agriculture/aquaculture/ﬂower stands mean a structure no larger than 200 square feet ancillary to active agriculture/aquacultural uses on the property and for the display and sale of products produced on or oﬀ-site. There shall be no space for customers within the structure itself.

20. That Table A, Permitted Uses, of Section 21.07.020 (E-A Exclusive Agricultural Zone) of the Carlsbad Municipal Code is amended by the addition and deletion of the following use listings, modiﬁcation of related footnote 3 and the addition of footnote 7 to read as follows:

21.07.020 Permitted uses.

Table A
Permitted Uses

Use P CUP Acc
Agriculture (see note 7 below) X
Agriculture/aquaculture/ﬂower stands (see note 3 below) (deﬁned: Section

21.04.024)
X
Produce/ﬂower stands for display and sale of products produced on the same premises (see note 3 below)
X
Tree farms X
Truck farms X

Notes:

3. Produce/ﬂower stands. Agriculture/aquaculture/ﬂower stands. Provided that the ﬂoor area of the stand shall not exceed two hundred square feet, that the stand is located not nearer than twenty feet to any street or highway, and that the stand is only allowed accessory to an active agricultural or aquacultural use.

21. That Table A, Permitted Uses, of Section 21.08.020 (R-A Residential Agricultural Zone) of the Carlsbad Municipal Code is amended by the modiﬁcation of the following use listings and the addition of related footnotes 8 and 9 to read as follows:

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Page 18 ends

21.08.020 Permitted uses.

Table A
Permitted Uses

Use P CUP Acc
Agricultural cropsAgriculture (see note 8 below) X
Agricultural stand (for display of products raised on premises) (“stand” deﬁned: Section 21.04.320)A griculture/aquaculture/ﬂower stands (see note 9 below) (deﬁned: Section 21.04.024)
X X

Notes:

9. Agriculture/aquaculture/ﬂower stands. Provided that the ﬂoor area of the stand shall not exceed two hundred square feet, that the stand is located not nearer than twenty feet to any street or highway, and that the stand is only allowed accessory to an active agricultural or aquacultural use.

22. That Table A, Permitted Uses, of Section 21.09.020 (R-E Rural Residential Estate Zone) of the Carlsbad Municipal Code is amended by the deletion and addition of the following use listings and the addition of related footnotes 7 and 8 to read as follows:

21.09.020 Permitted uses.

Table A
Permitted Uses

Use P CUP Acc
Agriculture (see note 7 below) X
Agriculture/aquaculture/ﬂower stands (see note 8 below) (deﬁned: Section

21.04.024)
X
Produce stand 1

Notes:

8. Agriculture/aquaculture/ﬂower stands. Provided that the ﬂoor area of the stand shall not exceed two hundred square feet, that the stand is located not nearer than twenty feet to any street or highway, and that the stand is only allowed accessory to an active agricultural or aquacultural use.

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23. That Table A, Permitted Uses, of Section 21.29.030 (C-T Commercial Tourist Zone) of the Carlsbad Municipal Code is amended by the deletion and addition of the following use listings and the addition of related footnote 3 to read as follows:

21.29.030 Permitted uses.

Table A
Permitted Uses

Use P CUP Acc
Agriculture/aquaculture/ﬂower stands (see note 3 below) (deﬁned: Section

21.04.024)
X
Produce stands 1

3. Agriculture/aquaculture/ﬂower stands. Provided that the ﬂoor area of the stand shall not exceed two hundred square feet, that the stand is located not nearer than twenty feet to any street or highway, and that the stand is only allowed accessory to an active agricultural or aquacultural use.

24. That Table A, Permitted Uses, of Section 21.36.020 (P-U Public Utility Zone) of the Carlsbad Municipal Code is amended by the addition and deletion of the following use listings and the addition of related footnotes 2 and 3 to read as follows:

21.36.020 Permitted uses.

Table A
Permitted Uses

Use P CUP Acc
Agriculture (see note 2 below) X
Aquaculture stands (display/sale) (subject to Section 21.42.140(B)(10)) Agriculture/aquaculture/ﬂower stands (see note 3 below) (deﬁned: Section

21.04.024)
1 X
Tree farms X
Truck farms X

Notes:

3. Agriculture/aquaculture/ﬂower stands. Pro vided that the ﬂoor area of the stand shall not exceed two hundred square feet, that the stand is located not nearer than twenty feet to any street or highway, and that the stand is only allowed accessory to an active agricultural or aquacultural use.

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25. That Table A, Permitted Uses, of Section 21.39.020 (L-C Limited Control Zone) of the Carlsbad Municipal Code is amended by the deletion and addition of the following use listings and the addition of related footnote 3 to read as follows:

21.39.020 Permitted uses.

Table A
Permitted Uses

Use P CUP Acc
Agriculture/aquaculture/ﬂower stands (see note 3 below) (deﬁned: Section

21.04.024)
X
Produce/ﬂower stands for display and sale of products produced on the same premises (see note 3 below)
X

3. Produce/ﬂower stands: Agriculture/aquaculture/ﬂower stands. Pr ovided that the ﬂoor area of the stand shall not exceed two hundred square feet, that the stand is located not nearer than twenty feet to any street or highway, and that the stand is only allowed accessory to an active agricultural or aquacultural use.

July 30, 2024
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Amendment 13

26. That the Carlsbad Municipal Code is amended by the addition of new Chapter 21.89 Substantial Conformance Review to read as follows:

21.89 S UBSTANTIAL CONFORMANCE REVIEW

21.89.010 P urpose and Intent.

The purpose of this section is to provide a process that determines if a post-en titlement permit or ministerial permit application is substantially consistent and in conformance with a previously approved discretionary action when changes to the previous approval are proposed. This includes a review of the post-entitlement permit or ministerial permit application against approved exhibits, permit conditions, and environmental documentation associated with the authorizing discretionary permit, and applicable land-use policies and standards.

21.89.020 A pplicability.

21.89.030 I mmaterial Changes.

The city planner may determine changes are immaterial, do not require substantial conformance review, and may be approved as part of the ministerial application. Immaterial changes are very minor changes to the project and incidental in nature, are consistent with all development standards, and are of no substantial consequence to the project approval, including its exhibits, conditions, and environmental documentation. The city documents the approval of immaterial changes in the post-entitlement permit or ministerial permit application. Examples of immaterial changes may include but are not limited to:

A. Floor plan revisions that do not increase parking demand or modify the building footprint.

B. Modiﬁcation of the length, height and location of garden, perimeter, retaining walls.

C. Reconﬁguration or addition of parking lot planters.

D. Resizing of a minor feature, such as a window, that does not exceed a 10 percent change from the original dimensions.

E. Repainting a structure or appurtenance in a hue that is substantially similar to the approved project.

21.89.040 S
ubstantial Conformance Request.

An application for a substantial conformance review shall be on a form provided by the city planner, which shall require that information necessary to make the ﬁndings speciﬁed within this chapter.

July 30, 2024
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21.89.050 F ees.

21.89.060 R eview Authority and Procedure.

A. A request for substantial conformance review may be approved by the city planner and shall be processed independently of any other required development permits.

B. The ﬁling of an application for request for substantial conformance review shall not require public notice.

C. If necessary to reach a determination on the request for substantial conformance review, the city planner may request:

1. Further information from the applicant, specifying in detail the information that is required.

2. Information from other city departments and divisions or other agencies.

D. Conditions of approval cannot be removed or revised as a substantial conformance request.

F. If the city planner denies the request, the applicant may pursue the request to change the project by ﬁling an amendment to the authorizing discretionary permit(s) pursuant to Section 21.54.125 of this title.

21.89.080 R equired Findings.

A. A project revision may be determined to be consistent with the approved discretionary action if the following ﬁndings can be made:

2. That the proposed revision complies with all relevant development standards and design criteria and will not result in any health, safety, or welfare impacts.

3. That the proposed revision is consistent with the density, intensity, or use from what was approved as part of the authorizing discretionary action.

4. That the proposed revision is minor and authorizes a deviation or deviations of no more than 10 percent, provided that it is consistent with the authorizing discretionary action and maintains compliance with all relevant development standards. Examples of deviations that may be granted include but are not limited to:
a. On an individual lot or structure basis: yards, setbacks, lot coverage and building height (height reductions of greater than 10 percent are permitted). b. On an aggregate project basis: parking, open space, common area, or landscaping, including planting area, quantity and size. c. A deviation permitted under this section do not increase the intensity of the project or have a potentially detrimental eﬀect.

July 30, 2024
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Page 23 ends

5. Th at the proposed revision maintains, in their entirety, all of the project conditions required as part of the authorizing discretionary action.

6. That the proposed revision is consistent with the previously evaluated environmental ﬁndings and will not result in any signiﬁcant environmental impact, and/or require further environmental review.

7. That the proposed revision is consistent with the standards set forth in the Village and Barrio Objective Design Standards or the Citywide Objective Design Standards, as applicable.

21.89.090 P ublic Parks.

Modiﬁcations to approved discretionary permits for public parks also may be permitted subject to Section 21.42.140 B. 100 of this title.

21.89.100 A ppeal.

The eﬀective date of the city planner’s decision and method for appeal of such decision shall be governed by Chapter 21.54.140 of this title.

21.89.110. S
everability.

If any section, subsection, sentence, clause, or phrase of this chapter is for any reason held invalid or unconstitutional by the decision of any court of competent jurisdiction, the decision will not aﬀect the validity of the remaining portions of this chapter. The city council declares that it would have passed the ordinance codiﬁed in this chapter and each section, subsection, sentence, clause, or phrase contained in it irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases are declared invalid or unconstitutional.

July 30, 2024
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Amendment 14

27. That Section 8.32.020 of the Carlsbad Municipal Code is amended by revising the deﬁnition of “vend” or “vending” to read as follows:

8.32.020 Deﬁnitions.

“Vend” or “vending” means an oﬀer to sell or the sale of goods, merchandise, services, f ood or
beverages on a public street, alley, highway, parking lot, sidewalk, pedestrian path or right-of-way.

28. Th
at Section 8.32.080 of the Carlsbad Municipal Code is amended to read as follows:

8.32.080 Sidewalk a nd pathway vending generally.

A. Vending activities may occur between the hours of 8:00 a.m. and sunset in all residential zoned areas and between the hours of 8:00 a.m. and 10:00 p.m. in industrial and commercial zoned areas.

No sidewalk vending of any type, including mobile services, shall take place to any individuals traveling within motor vehicles along a public roadway.

C. A sidewalk vendor shall not vend on any exclusively residential street for longer than 60 minutes at any given time.

D. No sidewalk or pathway vending of any kind, including mobile services, shall take place in the following locations:

1. In the public right -of-way or any area that blocks pedestrian or vehicle access;

2. Any public property that does not meet the deﬁnition of a sidewalk, including, but not limited to, any alley, beach, pier, square, street, street end or parking lot;

3. Within 50 feet of another sidewalk vendor;

4. Within 18 inches from the edge of a curb;

5. Any location that obstructs traﬃc signals or regulatory signs;

6. Within 15 feet of any intersection, driveway or building entrance, or within any space designed for vehicular parking;

7. Within 15 feet of any ﬁre hydrant or ﬁre escape;

8. Within 100 feet of any vehicle entrance of any ﬁre station, police department, hospital or any other structure involved in health and safety emergency matters;

9. Within 15 feet of any loading zone, bus stop, parking space or access ramp designed for persons with disabilities;

10. Within 10 feet of an outdoor dining or patio area;

11. Within 500 feet of a permitted special event or street fair;

13. Within 500 feet of high-traﬃc landmarks and venues, as determined by the city manager or designee and published in an administrative order, which shall include justiﬁcation that such restrictions are directly related to objective health, safety or welfare concerns; July 30, 2024
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E. V ending activities , including mobile services, in public parks and recreational facilities must also comply with the following:

1. Vending within public parks or recreational facilities is allowed only upon or alongside sidewalks or other paved or marked pedestrian pathways. Outside of these aforementioned areas, vending shall not take place on sand, dirt, grass or on any space which would obstruct, damage or otherwise adversely aﬀect the public’s use and enjoyment of natural resources and recreational opportunities, or contribute to an undue concentration of commercial activity that unreasonably interferes with the scenic and natural character of the park.

2. Vending activities , including mobile services, that adversely aﬀect the health, safety and welfare of persons engaged in active sports activities and spectators of active sports activities are prohibited.

4. A valid park and facility use permit or special event permit obtained pursuant to Carlsbad M
unicipal Code Section 11.32.030 may waive these requirements for limited engagements or events. (Ord. CS-346 § 2, 2019)

29. That Section 11.32.015 of the Carlsbad Municipal Code is amended by adding the deﬁnition of “vend” or “vending” to read as follows:

11.32.015 Deﬁnitions.
“Vend” or “vending” means an oﬀer to sell or the sale of goods, merchandise, services, food or beverages on a public street, alley, highway, parking lot, sidewalk, pedestrian path or right-of-way.

Whenever the words “park” and “vehicle” are used in this chapter, they shall have the meaning ascribed to them in Chapter 10.04 of this code.

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Amendment 15

30. That Sections 11.32.030.19), .20), .21), and .28 of the Carlsbad Municipal Code are amended to read as follows:

11.32.030 Unlawful acts.

It is unlawful for any person to do any of the following mentioned acts in or upon any park or beach within the city:

19. To distribute any handbills or circulars, or to post, place or erect any bills, notice, paper, or ad
vertising device or matter of any kind, unless issued a valid vending equipment permit as deﬁned in Chapter 8.32 of this code and the activity under this subsection is limited to advertisements permanently aﬃxed to vending equipment;

20. To sell or oﬀer for sale or to rent or lease any merchandise, article or thing, whatsoever, unless i
ssued a valid vending equipment permit as deﬁned in Chapter 8.32 of this code, or unless granted a special event or park and facility use permit issued by the city council or designee;

21. To practice, carry on, conduct or solicit for any trade, occupation, business or profession of w
hatsoever kind or character without permission of the city council or city manager, unless issued a valid vending equipment permit as deﬁned in Chapter 8.32 of this code;

28. To sell or oﬀer to sell food, or barter for or solicit a donation for food, without a valid park and facility u
se permit, special event permit, or vending equipment permit as deﬁned in Chapter 8.32 of this code; all applicable health permit(s) issued by County of San Diego department of health; and if required, a City of Carlsbad business license. This subsection shall not apply to any state, county or local government entity or other political subdivision;

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Amendment 16

31. That Section 15.16.060 of the Carlsbad Municipal Code is amended to read as follows:

15.16.060 Work exempt from grading permit.

A. A grading permit shall not be required for the following:

1. Cemetery graves.

2. Refuse disposal sites controlled by other regulations.

3. Excavations for wells, tunnels, utilities, or swimming pools/spas.

4. Exploratory excavations under the direction of soil engineers or engineering geologists.

6. Clearing and grubbing of vegetation done preparatory to agricultural operations on land which has been used for agricultural purposes within the previous five years.

8. Grading in an isolated, self-contained area.

9. Grading associated with stem wall construction.

10. R
etaining walls with a maximum height of 6 feet and the soil material moved does not to exceed 200 cubic yards.

11. City capital improvement program (CIP) projects and city-in itiated improvement and maintenance projects.

July 30, 2024
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32. That Section 15.16.065 E. of the Carlsbad Municipal Code is amended to read as follows:

15.16.065 Application for grading plan.

E. Grading plan applications for which city approval a permit is not granted within three years following the date of application shall be deemed withdrawn, provided the improvement plans are not associated with a tentative map, tentative parcel map, vesting tentative map, or vesting tentative parcel map, in which case the grading plan application shall be deemed withdrawn on the date of the expiration of the associated tentative map. The grading plans and other documents submitted for review may thereafter be returned to the applicant or destroyed by the City Engineer. In order to renew action on an application after withdrawal, the applicant shall resubmit a new application and pay a new grading plan review application fee.

July 30, 2024
Item #9 Page 61 of 70
Exhibit 5

LIST OF AMENDMENTS
Project Analysis

Proposed Amendment Discussion/Analysis
Amendment 1 – Removed Footnote
Changes to Section 21.45.090
“Residential additions and
accessory uses.”
The proposed amendment removes Note 2 regarding building separation under Table F. Note 2 is no longer necessary, which is a deletion made necessary by Ordinances CS-432 (an ordinance adopting the amendments of the first Zoning Ordinance Clean Up in 2022) and CS-449 (an ordinance on ADU amendments, adopted 2023) but which was not deleted by these ordinances in error.

Correcting this error provides consistency among standards.

Amendment 2 – Removed “Item B”
Changes to Section 21.201.130
“Developments appealable to
the coastal commission.”
The proposed amendment includes removing the reference to subsection B in Section 21.201.130 A.3 “Developments appealable to the coastal commission,” the subsection was introduced by Ordinance CS-178 (an ordinance regarding land use decision making, adopted in 2012) but did not ever include Item B in the final adopted language. Correcting this error provides clarity and consistency by removing the reference to a subsection that did not ever exist.

Amendment 3 – Notice of Restriction
Changes to Section 21.10.030
“Accessory dwelling units and
junior accessory dwelling
units.”
The proposed amendment includes the removal of E.12 (pre-CS- 449)/E.11 (post-CS-449) from Section 21.10.030 “Accessory dwelling units and junior accessory dwelling units” which was made necessary for consistency with state law by the recent adoption of state Assembly Bill 976 (AB 976) which prohibits a jurisdiction from enforcing any owner occupancy requirements for accessory dwelling units. State law still maintains an owner occupancy requirement for junior accessory dwelling units. The proposed changes have no impact on the implementation of Assembly Bill 1033 (AB 1033) which would allow the individual sale of ADUs if a local government opts in and adopts an ordinance. The ordinances required to implement AB 1033 would be developed if directed by the City Council. The amendment also corrects a numbering error approved with CS-449.

Amendment 4 – M and C-M Zones Permitted Uses
Changes to Sections 21.30.010
“Permitted uses” and

21.32.010 “Permitted uses.”
The proposed amendment includes modifications to the level of permitting required for “Educational facilities, other” in the “M,” Industrial and “C-M,” Heavy Commercial zones. “Education facilities, other” is defined as training or tutoring not subject to the education code (CMC 21.04.137 “Educational facilities, other”). The July 30, 2024
Item #9 Page 62 of 70
Exhibit 5
Proposed Amendment Discussion/Analysis
change would modify the existing permitting requirements from a minor conditional use permit to a permitted use, consistent with what is permitted in other commercial zones. Note 1 in the “Permitted Uses” table of the C-M zone states that any permitted use allowed in other commercial zones is allowed in the C-M zone, barring a list of specified exceptions. In this case, other commercial zones such as the C-1 “Neighborhood Commercial” zone allow “Educational facilities, other” as a permitted use, thereby setting a precedent that this use would also be permitted in the C-M zone.

Similar to the C-M zone, the M zone includes an item in the “Permitted Uses” table listed as “Any use permitted in the C-M zone is permitted in the M zone, except child day care centers” which thereby permits consistent uses across the two zones. The City Planner has previously directed approval of businesses licenses in this zone on this basis, establishing precedent for this change.

Amendment 5 – Permit Expiration
Changes to 21.58.030
“Expiration of permits”
The proposed amendment revises code language by extending permit approval from two to three years to allow for additional time to exercise a permit. The addition of items B and C provides additional clarification on what activities constitute as “exercised” as conditionally required in the existing code language and consistent with existing process and clarification on the terms and limits for projects that do not require a building or grading permit.

Amendment 6 – Home Occupations
Changes to Section 21.10.040,
“Home occupations.”
The proposed amendment includes updated language describing the permitted activities and requirements for dwellings used to host home occupations in the R-1 zone. Other residential zones also allow home occupations, and the R-1 zone language is referenced by them. The amendment, drafted with the intention of mirroring the original language, provides additional clarifications to the language which had limited interpretability due to a lack of specificity. The proposed language also incorporates standards maintained by the state’s Health and Safety Code.

Amendment 7 – Mixed Use Development
Changes to “Permitted uses.”
tables of Sections 21.26.010,

21.28.010 and 21.31.030.

The proposed amendment includes the addition of “Mixed Use Development” uses to the “Permitted Uses” tables in the “C-1,” Neighborhood Commercial, “C-2,” General Commercial, and “C-L,” Local Shopping Center zones. This amendment was included for the purpose of assisting in the implementation of Housing Element Program 1.8, which calls for the city to encourage mixed use development. This amendment does not permit mixed use
development; rather, it calls attention to the zones where mixed July 30, 2024
Item #9 Page 63 of 70
Exhibit 5
Proposed Amendment Discussion/Analysis
use development is already allowed but is not expressly identified as a permitted use.

Amendment 8 – Animal Keeping
Changes to Section 21.10.020
“Permitted uses.”
The proposed amendment lists “Poultry, roosters prohibited (5 or less)” and “Poultry, roosters prohibited (6-15)” in Table A “Permitted Uses” in zone “R-1,” One Family Residential. This amendment was included for the purpose of maintaining
consistency with similar zones such as the “E-A” Exclusive Agriculture zone, “R-A” Residential Agricultural zone, and the “R-E” Rural Residential Estate zone. Other zones that include residential property were evaluated; however, staff is recommending only including this standard into the R-1 zone which consists of single family residential developments. This change would apply to the nearly 9,900 parcels currently zoned as R-1 throughout the city.

However, Homeowner Associations may have more restrictive requirements.

The existing language outlines requirements for the keeping of animals of various sizes, but does not have language specific to poultry. The permissions provided under this amendment are specific and typical for poultry which includes, as identified above, an explicit ban on the keeping of roosters, specifications about the number of poultry, requirement to have a well-maintained enclosure for the animals, and the distances the animals’ enclosure must be located away from the property line, consistent with the CMC as a whole and the California Health and Safety Code. The permissions revised by this amendment are based on the precedent and requirements previously established for properties in the “R-A” Residential Agriculture zone due to the high level of specificity regarding appropriate setbacks, required containment, and number of animals permitted.

Amendment 9 – “OS” Open Space
Changes to the nomenclature
denoting “Open Space” zones
from “O-S” to “OS.”
The proposed amendment includes the all-inclusive shift in nomenclature which denotes “Open Space.” Within Chapter 21.33 of the CMC “O-S, Open Space Zone,” Open Space is denoted as “O- S,” however, on the city’s Zoning Map, a variety of other city documents and within other code sections, Open Space is denoted as “OS.” This minor shift in nomenclature is intended to reduce confusion and create consistency within city publications.

Amendment 10 – Habitat Removal
Changes to Section 21.210.030
“Applicability” and 21.210.100
This amendment reinforces existing policies which apply under the detailed provisions of Chapter 21.210 “Habitat Preservation and July 30, 2024
Item #9 Page 64 of 70
Exhibit 5
Proposed Amendment Discussion/Analysis
“Enforcement measures –
Violations and remedies.”
Management Requirements.” The proposed amendment includes a clarifying statement in section 21.210.030 that discusses the requirements that must be met prior to the removal of habitat permitted under the city’s Habitat Management Program (HMP).

The amendment states that habitat removal shall not be permitted until the conditions of the existing CMC Chapter 21.210, the city’s HMP, are satisfied. The amendment to section 21.210.100 provides additional specification of the party responsible for restoring habitat that was removed in violation of Chapter 21.210.

Amendment 11 – Housing Standards
Changes to Section 21.85.020
“Definitions,” Section

21.85.040 “Affordable Housing
Standards,” Section 21.85.140
“Affordable housing agreement
as a condition of
development,” and Section

21.86.100 “Design and quality.”
The proposed amendment includes a number of minor additions to the city’s code regarding the Density Bonus and the Inclusionary Housing ordinances. These additions bring the code into closer alignment with the regulations implemented through state and federal standards. The amendments include updates to ensure consistency between the tenure rate, unit size, bedroom count, and dispersal of affordable units in comparison to market-rate units as well as the addition of credit purchases as a way to satisfy inclusionary housing requirements. The proposed amendment does not constitute any change in policy as the amendments to the code will put into the CMC the requirements and practices implemented by the city’s Housing department.

Amendment 12 – Agriculture Uses
Addition of Section 21.04.024
to “Definitions” and changes to
Section 21.07.020 “Permitted
uses”, Section 21.08.020
“Permitted uses”, 21.09.020
“Permitted uses”, 21.29.030
“Permitted uses”, 21.36.020
“Permitted uses”, and

21.39.020 “Permitted uses.”
The proposed amendments streamline permitted agriculture uses, define “agriculture/aquaculture/flower stands,” and update existing stand uses with consistent terminology. The amendment specifically includes the addition of “Agriculture” and a related footnote in the “Permitted Uses” tables in the “E-A,” Exclusive Agriculture, “R-A,” Residential Agriculture, “R-E” Rural Residential Estate, and “P-U” Public Utility zones. The purpose of this amendment is to bring the two zones into consistency with similar zones. Presently, agriculture is not explicitly listed as a permitted use, however, this does not constitute a change in land use as the proposed addition of agriculture does not permit a use that was not already present in the two zones (e.g. “plant nurseries,” “processing plant for crops,” “tree farm,” “produce/flower stand”).

As the city’s designated zones for agriculture and planting, it is consistent to allow for agriculture in these two zones, subject to the city’s standards and limitations present in other sections of the code. Additionally, the proposed amendments also include the addition of a definition to define “Agriculture/aquaculture/flower stands” and updates to the “Permitted Uses” tables for the “E-A” July 30, 2024
Item #9 Page 65 of 70
Exhibit 5
Proposed Amendment Discussion/Analysis
Exclusive Agriculture, “R-A” Residential Agricultural, “R-E” Rural Residential Estate, “C-T” Commercial Tourist, “P-U” Public Utility, and “L-C” Limited Control zones. The purpose of standardizing the language across the various zones’ permitted uses table was to ensure nomenclatural consistency and equal permitting.

Amendment 13 – Substantial Conformance Review
Introduction of Chapter 21.89 –
Substantial Conformance
Review
The proposed introduction of Chapter 21.89 “Substantial Conformance Review” is intended to standardize and update existing Community Development Department protocol for the review of applications seeking a consistency determination. Based on the department’s existing Policy 35 (Exhibit 5), the language and standards included in this chapter outline the process and standards which a proposed project will be reviewed against. By formalizing this process and codifying it into the city’s municipal code, this increases transparency in review and aligns the city’s discretionary review process with similar processes such as those recently adopted with the city’s Objective Design Standards and established by state law.

Amendment 14 – Mobile Vending
Changes to Section 8.32.020
“Definitions,” Section 8.32.080
“Sidewalk vending generally,”
and Section 11.32.015
“Definitions.”
The proposed amendment incorporates mobile services into the existing standards for vending. This amendment updates
terminology to reflect current vending practices to improve enforcement, but remains applicable to the same uses/activities and is consistent with current code.

Amendment 15 – Vending Permits
Changes to Section 11.32.030
“Unlawful acts.”
The proposed amendment incorporates the exclusionary clause “unless issued a valid vending equipment permit” into existing sections of the code which regulate the permitted activities at parks and beaches. This change reinforces existing vending permitting processes.

Amendment 16 – Grading Permits
Changes to Section 15.16.060
“Work exempt from a grading
permit.” and 15.16.065
“Application for grading plan.”
The proposed amendments reintroduce a section previously removed during the 2022 Zone Code Clean Up. Additionally, the proposed amendments also incorporate capital improvement projects initiated by the city or the Carlsbad Municipal Water District into the list of projects that are exempt from certain requirements related to grading permit applications. The inclusion of these amendments represents minor maintenance to the city’s code.

July 30, 2024
Item #9 Page 66 of 70
Exhibit 5

July 30, 2024
Item #9 Page 67 of 70
Exhibit 6

Planning Commission Resolution No. 7514
(on file in the Office of the City Clerk)

July 30, 2024
Item #9 Page 68 of 70
Exhibit 7

Planning Commission staff report dated May 15, 2024
(on file in the Office of the City Clerk)

July 30, 2024
Item #9 Page 69 of 70
Exhibit 8
Planning
Commission minutes dated May 15, 2024
(on file in the Office of the City Clerk)
July 30, 2024
Item #9 Page 70 of 70
All Receive - Agenda Item # ~
For the Information of the;
_ c;_rry C_OUNCIL
Date ]fjfJ!j °':~ cc_::

CM_~ M _ - oCM (3)~
Council Memorandum
{city of
Carlsbad
July 30, 2024
To:

From:

Honorable Mayor Hall and Members of the City Council
Jeff Murphy, Community Developmen ~ · ctor
Via: Geoff Patnoe, Assistant City Manager 6e,
Re: Additional Materials Related to Staff :eport Item No. 9 - 2024 Zoning Code Clean Up - ZCA2024-0001/LCPA2024-0020/MCA2024-0001 (PUB2024-000S) (District - All) This memorandum provides clarification and additional information related to Public Hearing Item No. 9, the 2024 Zoning Code Cleanup.

First, the order of the exhibits listed at the end of page four of the City Council staff report is incorrect and different from the order of the actual exhibits and the order of the Recommended Actions. Corrected, the exhibit list in the staff report should read as follows:

Exhibit

1. City Council ordinance (Titles 8 and 11)

2. City Council ordinance (Titles 15 and 21)

3. City Council resolution

4. Proposed changes to Municipal Code

5. List of amendments - project analysis

6. Planning Commission Resolution No. 7514 (on file in the Office of the City Clerk) https://records.carlsbadca .gov/Weblink/DocView.aspx?id=8865923&dbid=0&repo=Cityo fCarlsbad

7. Planning Commission staff report dated May 15, 2024 (on file in the Office ofthe City Clerk)
https://records.carlsbadca .gov/Weblink/DocView .aspx?id=8865927&dbid=0&repo=Cityo fCarlsbad

8. Planning Commission meeting minutes dated May 15, 2024 (on file in the Office of the City Clerk)
https://records.carlsbadca.gov/Weblink/DocView .aspx?id=8898788&dbid=0&repo=Cityo fCarlsbad
Second, the May 15, 2024, Planning Commission staff report, provided as Exhibit 7 of the City Council staff report, was updated to include correspondences that were part of the Planning Commission hearing materials. The correspondences, omitted from the record due to a clerical error, have been included as attachments to this memorandum.

Community Services Branch
Community Development Department
1635 Faraday Avenue I Carlsbad, CA 92008 I 442-339-5088 t Council Memo - 2024 Zoning Code Clean Up
July 30, 2024

Page 2 ends

Attachment:

A. Public correspondence from Joe Collins dated 5-14-2024 B. Public correspondence from Joe Collins dated 5-15-2024 cc: Scott Chadwick, City Manager
Cindie McMahon, City Attorney
Gary Barberio, Deputy City Manager
Allegra Frost, Senior Assistant City Attorney
Eric Lardy, City Planner
Robert Efird, Principal Planner
Scott Donnell, Senior Planner
Nicole Morrow, Assistant Planner
From:

To:

Cc:

Subject:

Date:

Hi Nicole,
~
Nicole Morrow
Scott Donnell; ~
Re: Noisy Chicken Ranch at 2396 Lafayette Ct. Carlsbad
Tuesday, May 14, 2024 3:39:18 PM
I was not able to open:

Attachment A
http://www.carlsbadca.gov/cityhal l/clerk/meetings/boards/planning asp I would like to pre-read the Zone Cleanup .

Also, I do not know if it's the appropriate venue, however can I talk to the Zoning Commission regarding potentially changing our zone from RA to R 1 ?. If you look at the zoning map, there are only two small areas of the city zoned RA and they border El Camino Real and Carlsbad Village Dr. Effectively they are both in Old Carlsbad right down the street from the City Hall.

It is ridiculous that we have such a dense ly populated area with single family homes in an area where we can keep two cows, two horses, sheep and a chicken ranch. This must be a carryover from very old zoning.

Thank you,
Joe Collins
~~- ""' , ...
'H:lll
&C-V
P-C ,.

I
~ l ._ "'•-..,
P-C
From:

To:

Cc:

Subject:

Date:

Attachments:

Hi Nicole,
Joe Collins
Nicole Morrow
Scott Donnell; Alex Alegre
Re: Noisy Chicken Ranch at 2396 Lafayette Ct. Carlsbad
Wednesday, May 15, 2024 10:43:34 AM
imaqe003.pnq
Attachment B
Thank you very much for the timely response and guidance. Please send out my prior email to the Planning Commission prior to the meeting. In addition, please forward the commission my notes on what I was planning on sharing (below). I will definitely fill out a "request to speak".

Thanks again,
Joe
1. I have commu nicated with a few of the of the members the Planning Department, you may remember me. I represent a total of seven homeowners that have recently filed a complain t regarding a very large chicken coop with at least 25 chickens recently built by a neighbor that we are complaining about.
a. This may not be the venue to raise this to your awareness however I wish to bring up two issues:
b. First - Regarding decisions around chickens in general - what we need to carefully consider is that many breeds of chickens, not counting roosters, can be extremely loud . In the majority of cases it should not be an issue.

A case in point is that one of the seven complain ing neighbors has four chickens and is zero issue, we welcome the free eggs. However in our case and potential ly future cases, they can be extremely noisy and disruptive, making noise from daybreak until late in the afternoon.

I borrowed a calibrated decibel meter, set to the requirements in

8.09.110 and the noise regularly exceeds the 55 dba limit in residential areas per the Carlsbad Municipal Code.

This is such a problem for myself and the other six comp laina nts that we will have to disclose this prior to attempt ing to sell our houses, this will have a significant impact on our property values. I need to point out the CC 7.04.010 :  <!--[endif]- ->
0 ~ 7.1)4.010 Offen sive odors-No,ses-lnsects.
: ,~ un a•l\ofu fo .. ~ny 'Je-:cn to .eep, "Yla11~a n vr caus:,e o, a·low to~-= ~-=-o• o:- ,,a,,tc. ned \-.,·1th1r. :.ne c,ty !tf"'11t:;, :.if t'"f C·ty :;r.y oni!'fla :~.a~ r..rnse--; oder no;se O'" rtie gath-::--in~ ot nsects w!'\ ch 5 offe1s ve- :c :+,~ 5e11:.es of c:.ny PE'".iO., •,•,he'1 rne- offe'"ld'!d ~~:.o, ,s 'i.:tu.:.tcd :iff:, -:.he lot ,:,r- lots or- which : ··e a11rra~ Ji,~;-: or n-ia1.,~a,n: d J Od ino:..-§1,Vd :,.•- r)~
From: Kathleen Steindlberger
To: City Clerk
Subject: July 30, 2024 City Council Meeting Public Comment Item #9 Date: Tuesday, July 30, 2024 12:46:34 PM
To the City of Carlsbad City Council:

Thank you for the opportunity to comment on Item 9, LCPA-0020 Zone Code Clean-Up. The LCPA being considered tonight is requesting the addition of Section 15.16.060 “Work Exempt from Grading Permits” to the Carlsbad Local Coastal Plan.

The requested Grading Permit Exemption does not appear to provide enough detail to assure compliance with the Coastal Act. Specifically, the amendment will exempt City Capital Improvement (CIP) Projects and City initiated improvements and maintenance projects from grading permits.

The California Coastal Commission’s “Landform Alteration Policy Guidelines” state that otherwise exempt projects will be required to have a grading permit if “located on or adjacent to a wetland, bluff, cliff, beach, ocean, or sensitive habitat”. The proposed language is too broad and does not provide enough assurance that coastal resources will be protected.

Please amend the proposed Section 15.16.060 “Work Exempt from Grading Permit” to include Coastal Act Guidelines to protect our beaches, wetlands, and coastal cliffs for generations to come.

Best Regards,
Kathleen Steindlberger
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All Receive - Agenda Item #____
For the Information of the:

CITY COUNCIL
Date: ______ CA____ CC____
CM____ ACM____ DCM (3)____
9 7/30/24 x x
x x x
From: Mitch Silverstein
To: City Clerk
Subject: Comments re: Item #9, 2024 Zoning Code Clean-Up Date: Tuesday, July 30, 2024 1:21:42 PM
Attachments: 2024.07.30 Comments Item 9, zoning code cleanup.pdf Honorable Mayor, City Council, and City Clerk,
Please accept the attached comments re: Item #9: ZONING CODE CLEAN-UP on behalf of Surfrider Foundation San Diego County.

Thank you for the opportunity to comment.

Mitch Silverstein | San Diego County Policy Manager | Surfrider Foundation 619.736.7757 | [email protected]
he/him (what's this)
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July 30, 2024
Delivered via email
T o: Carlsbad City Council
Re: Comments on July 30, 2024 City Council Agenda Re: Item #9, 2024 ZONING CODE

CLEAN-UP
Honorable Mayor and City Council,
Surfrider Foundation is a nonprofit environmental organization that engages a vast volunteer network of ocean users to protect our world’s ocean, waves, and beaches for all people. Our San Diego County Chapter represents thousands of ocean recreation users — from dedicated surfers to occasional beachgoers — as well as the coastal communities and economies that rely on them throughout the region. We appreciate the opportunity to provide comments Item #9: 2024 ZONING CODE CLEAN-UP .

The draft zoning code ordinance you’ll be voting on this evening includes, among other things, an LCP Amendment to include the proposed zoning changes within the City’s Coastal Zone.

The proposed exemptions include several types of work that will be exempt from a grading permit, including:

15.16.060, Work exempt from grading permit

11. City capital improvement program (CIP) projects and city-initiated improvement and maintenance projects. 1
Without additional detail, such language may conflict with the California Coastal Act and Carlsbad’s approved Local Coastal Program if/when CIP projects are within or next to protected coastal resources. In their Landform Alteration Policy Guidelines, the California Coastal Commission states many examples where grading for otherwise exempt projects must be reviewed or permitted if “located on or adjacent to a wetland, bluff, cliff, beach, ocean, or sensitive habitat.”
1 July 30, 2024 City Council Agenda Packet, Staff Report Item #9, Page 11 of 70 (p. 103) Phone: 858.800.2282 | [email protected] | surfridersd.org 3900 Cleveland Ave., Ste 201, San Diego, CA 92103

SURFRIDER

FOUNDATION

SAN DIEGO COUNTY
Please amend the proposed Section 15.16.060 to include a permit requirement for grading for any CIP within or adjacent to a wetland, bluff, cliff, beach, ocean, or sensitive habitat within the Coastal Zone. This will ensure that Carlsbad’s zoning policies are consistent with the Coastal Act, and that CIPs that may affect our treasured coastal resources require a proper level of local review. Carlsbad’s beaches and coastal resources are core to the City’s identity, economy, and way of life. They require a maximum amount of local protection.

Thank you for the opportunity to comment on behalf of our ocean, waves, beaches, and everyone who enjoys them.

Sincerely,
Mitch Silverstein
San Diego County Policy Manager
The Surfrider Foundation
619.736.7756
[email protected]
Jim Jaffee and Kristin Brinner
Beach Preservation Committee Co-Leads
Surfrider Foundation San Diego County
[email protected]
Phone: 858.800.2282 | [email protected] | surfridersd.org 3900 Cleveland Ave., Ste 201, San Diego, CA 92103

SURFRIDER

FOUNDATION

SAN DIEGO COUNTY
From: Julianne Adamik
To: Nicole Morrow; City Clerk
Cc: Joe Collins; Nicholas Lhotsky; Scott Donnell; Mark Sousa; Chuck Soper; Dave McFeaters; Jon; Anna Sousa Subject: Resident Comments for July 30 Meeting
Date: Monday, July 29, 2024 8:03:44 AM
Attachments: 2024 07 30 City Council Meeting.docx
Nicole Morrow and Carlsbad City Clerk:

Re: 2024 Zoning Code Clean-Up Amendment
Attached are comments that neighbors adjacent to Lafayette Court, Carlsbad would like to present at the City Council meeting on July 30, 2024. Our comments are in support of the proposed 2024 Zoning Code Clean-Up Amendment. I will be acting as spokesperson for the group that will be in attendance. While this package contains a lot of information, I will address only the talking points items 1 - 12. I understand I have a limit of 10 minutes to speak.

If you have any questions, please feel free to contact me — email/phone below.

Julie
Julianne DeWalt Adamik
[email protected] or
[email protected]
951-567-3322 (Mobile Phone)
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All Receive - Agenda Item #____
For the Information of the:

CITY COUNCIL
Date: ______ CA____ CC____
CM____ ACM____ DCM (3)____
9 7/29/24 x x
x x x
1 City Council Meeting, July 30, 2024
Comments to 2024 Zone Code Clean-Up
Prepared: July 27, 2024
Speaker
Julianne Adamik – on behalf of the residents of Pacific Estates HOA (Zip 92010) and other neighbors near 2396 Lafayette Court, Carlsbad. Total Complainants: 15 separate residences.

Statement
We strongly support the proposed language submitted by the Carlsbad Planning Department regarding the 2024 Zone Code Clean Up, Code Section 21.10.040, Amendment 6 – Home Occupations. We urge the City Council to adopt the proposed language as written.

Suppor
t Justification
We support the proposed language based on the following:

1. While our neighborhood is currently Zone RA, it is our desire to have this updated to Zone R-1 whereby the proposed Clean Up Amendment 6 would apply. It is a small area of residential homes. (See Exhibit A)

2. The resident at 2396 Lafayette Court keeps 18 – 25 chickens on the property and sells eggs without a City of Carlsbad business license. The resident is not registered by the State of California Department of Food and Agriculture as an egg handler. The property is located very close to other residential homes in the area. (See Exhibit B)

3. The City of Carlsbad currently has no regulation regarding the number of chickens that a resident can have on their property if the area is zoned RA. San Diego County limits domestic chickens to no more than 25. However, we believe that have 25 chickens is excessive for a residential area where houses are as close together as ours. We believe that this resident, at times, has more than 25 chickens.

4. As a result of the increase in the number of chickens being kept at the Lafayette Court property, we have seen a corresponding increase in noise, insects (particularly mosquitos), smell, rats and mice.

5. The noise throughout the day is excessive—as early as 6:04 a.m. and as late as 8:03 p.m. (See Exhibit C) Noise levels were measured with a calibrated decibel meter and significantly exceed levels allowed in residential areas, especially during the tighter restricted times prior to 7:00AM.

6. Potential exists for run off from the chicken coop/yard and other debris into the drainage culvert owned by Pacific Estates HOA. The drainage culvert drains directly into the City sewer system.

7. Primarily due to the noise, affected residents are deprived of enjoyable use of their backyards for most of the day—seven days a week.

8. Affected residents need to run their AC at considerable expense to mitigate the noise from the chickens. Not everyone has AC.
2 9. Ne
arby residents who work from home (several) find the noise disruptive to business calls/online meetings. This may result in having to work with the windows closed and no AC as not every home has AC.

10. Nearby residents are deeply concerned about the potential loss of property value due to the excessive chicken noise. It would be extremely difficult to sell a house in this area anywhere near its market value.

11. It should be noted that several neighbors close to 2396 Lafayette Code are reluctant to get involved in this issue because they fear for their safety.

12. The City Code Enforcement department is unable to enforce Code §7.04.0101 due to enforcement being outsourced to the County of San Diego Humane Society, (“SDHS”). a. Repeated attempts to work with the SDHS to enforce the code have been cursory with no follow up or blatantly ignored. (See Exhibit D)
b. To date the County of San Diego Humane Society is in violation of their contract/agreement with the City. They are not responding to ongoing complaints and not enforcing the applicable City Code.

Background
Pacific Estates is a single-fa
mily housing development located at the corner of El Camino Real and Carlsbad Village Drive in the City of Carlsbad, California. It consists of 19 homes all currently valued between $1 million and $2 million. They have a Homeowner Association (HOA) responsible for compliance with the CC&R’s (Covenants Conditions and Restrictions) governing the member homeowners. CC&Rs are contractual agreements that establish rules, restrictions, and obligations for property owners within a particular community or development. They aim to maintain property values, protect the rights and interests of homeowners, and ensure harmony.

We pride ourselves in maintaining a beautiful enclave of expensive homes in the lovely City of Carlsbad. However, enjoyment of our homes—inside and out—during the day has been greatly diminished by constant, all day chicken noise from an excessive number of chickens being kept at the Lafayette Court property.

We are not opposed to residential chickens being kept for personal use, provided it is a small number and they are of the breed that tends to be quieter than most. For example, Buff Orpington. Buff Orpingtons rate high on many of the factors people are looking for in backyard poultry. They are quiet, docile, friendly and fluffy birds. There are also many other “quiet” breeds of chickens. Other urban areas in California limit backyard chickens to 5 or 6. Oceanside limits to a maximum of six. 1 Code §7.04.010: Offensive odors—Noises—Insects. It is unlawful for any person to keep, maintain or cause or allow to be kept or maintained within the city limits of the city any animal that causes odor, noise or the gathering of insects which is offensive to the senses of any person when the offended person is situated off of the lot or lots on which the animal is kept or maintained.(Ord. 3069 § 1; Ord. 3070 § 1)
3 ~LocabotltiJ
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_ M, lndustrial
- P-M. Planned Industrial
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- V-B, V,lage-Barrio
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- T-C, Transpor1aliOnC«ti00r
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Carlsbad
Zoning Map
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5 Exhibit C
Be
low are the dates and time of recordings taken at various locations throughout the Pacific Estates neighborhood. Actual recording will be provided upon request.

While these recordings are just a sampling of the noise, it continues unabated throughout the day from as early as 6:15 a.m. until as late as 8:03 p.m.

Morning
6/30/
2024 11:29 a.m.
6/30/2024 11:30 a.m.
7/2/2024 8:36 a.m.
7/2/2024 9:01 a.m.
7/2/2024 9:15 a.m.
7/2/2024 9:16 a.m.
7/2/2024 9:17 a.m.
7/2/2024 10:14 a.m.
7/2/2024 10:30 a.m.
7/2/2024 10:40 a.m.
7/2/2014 11:40 a.m.
7/3/2024 8:33 a.m.
7/7/2024 7:35 a.m.
7/7/2024 11:57 a.m.
7/9/2024 6:14 a.m.
7/11/2024 10.03 a.m.
7/11/2024 11:00 a.m.
7/12/2024 8:44 a.m.
7/13/2024 8:34 a.m.
7/14/2024 8:13 a.m.
7/20/2024 11:57 a.m.
7/26/2024 6:04 a.m.

Afternoon/Evening
6/30/
2024 1:50 p.m.
7/2/2024 12:47 p.m.
7/2/2024 1:54 p.m.
7/5/2024 12:45 p.m.
7/5/2024 3:00 p.m.
7/11/2024 6:53 p.m.
7/5/2024 7:00 p.m.
7/7/2024 12:00 p.m.
7/21/2024 1:10 p.m.
7/22/2024 8:03 p.m.
7/24/2024 7:58 p.m.
6 Exhibit D
Date Form Description Outcome Comments
4/8/2024 Email To [email protected]
4/8/2024 Email To Lance McDermaid—Admin
Assist HLE San Diego Humane
Society (SDHS)
619-299-7012 x2617
Case #138930
4/8/2024 Call To Laureen Ryan 760-602-4615
4/8/2024 Email To Laureen Ryan
4/8/2024 Call To Jamie Kirksen, Carlsbad
Complaints; will assign a complaint
officer to case; advised we need to
log chicken noise for 1 week.
442-339-2654
4/17/2024 Mtg With A. De la Torre, City of
Carlsbad Code Enforcement
Department at Collins residence.

Attended by Joe Collins, Dave
McFeaters, Nick Lkotsky
De La Torre heard
significant squawking
noise. He stated he
would not want to live
here because of the
noise. He saw significant
# of insects around
Lafayette property
417/2024 Call To Carlsbad Planning Division
4/25/2024 Call
Email
To A. De La Torre Call back stating still
waiting for 2 other
homeowners to email
complaints; keeping file
open; said no violations
regarding chickens or
coop
4/25/2024 Call To Theodora in Planning—stated
Planning Dept is having a meeting
today to discuss chicken noise
problem
5/13/2024 Email From A. De La Torre stating that
SDHS is enforcement agency for
animal noise and complaints should
be filed with them.
5/14/2024 Web Filed online complaint via SDHS
website based on advice from De
La Torre
Auto email response only
5/15/2024 Mtg D. McFeaters, A. Sousa and J.

Collins presented issues to Carlsbad
Planning Commission
No outcome—other than
potential to change area
to R-1 Zone from RA
Zone
7 Date Form Description Outcome Comments
6/7/2024 Call To SDHS – Left 3 messages No response 619-299-7012 6/10/2024 Call To SDHS, spoke to David. Was told
to file complaint online to the
barking dog email
6/10/2024 Web J. Collins filed online complaint
with SDHS
Auto email response only
6/10/2024 Email From [email protected] Stated that noise complaints for chickens
are handled by code
compliance for the city
of Carlsbad.

This is incorrect. The City
of Carlsbad has outsourced
animal code enforcement to
the SDHS.
6/10/2024 Email To Pacific Estates HOA requesting
assistance in dealing with SDHS
and the City to mitigate chicken
noise
J. Adamik joined group
to assist
Impact on housing values
concerns HOA
6/11/2024 Email To [email protected] Explained that City Code Enforcement is NOT the
correct party to handle
animal noise complaints.

In fact, it was David
from SDHS enforcement
who explained that
SDHS is responsible and
how to file a complaint.
6/11/2024 Email To A. De La Torre Explained that SDHS
stated that it is City Code
Enforcement’s
responsibility to enforce
Code 7.04.010.
6/11/2024 Web N. Lhosky filed online chicken
noise complaint with SDHS
No response from SDHS Auto email response only
6/11/2024 Email From A. De La Torre Stated that he has
reached out to Sr
Director, Government
Relations at SDHS to
escalate our concerns
about chickens.

This is not the correct
department to escalate our
concerns. It should be
escalated to SDHS Code
Enforcement.
6/11/2024 Email From D. McFeaters to De La Torre
stating dissatisfaction with lack of
response to the chicken issue and
finger pointing between SDHS and
the City
6/12/2024 Mtg J. Adamik, J. Collins, D. McFeaters
presented chicken noise issue
mitigation and RA rezoning
suggestions to Carlsbad City
Planning Commission
Received thorough
response about rezoning
process and other
suggestions to mitigate
chicken noise
8 Date Form Description Outcome Comments
6/20/2024 Web J. Adamik filed online complaint
about chicken noise with SDHS
No response Auto email response only
6/20/2024 Call To Officer Ashmore (SDHS) for
update
No response
6/20/2024 Call To Ashmore (SDHS) for update –
second request for update
No response
6/20/2024 Visit Per Dave McFeaters: Had a visit
from SDHS.

Gave officer access to
backyard to listen to
noise.
6/22/2024 Text To Ashmore with video evidence of
chicken noise
No response
6/22/2024 Text To Ashmore with video evidence of
chicken noise – second text request
No response
6/24/2024 Call To Ashmore (SDHS) for update –
third phone request for update
No response
6/24/2024 Email To Ashmore (SDHS) with copy of 2
videos of chicken noise.

No response
6/25/2024 Call To Ashmore (SDHS) for update –
fourth request for update
No response
6/26/2024 Email To Ashmore (SDHS) request for
update
No response
6/28/2024 Email To Ashmore and De La Torre
requesting update on noise
mitigation
No response
6/29/2024 Email To Ashmore (SDHS) and De La
Torre (Carlsbad Code Enforcement)
requesting that Code Enforcement
take action to mitigate chicken
noise
From J. Adamik
7/1/2024 Email From De La Torre – spoke with
SDHS in prior week. They are
actively investigating this matter
No action by SDHS to
mitigate noise
7/1/2024 Email Video from M. Sousa to J. Adamik
of chicken noise
M. Sousa needs to often
sleep in the afternoon before
going to work as an
American Airlines pilot
7/1/2024 Web J. Collins filed second online
complaint with SDHS
Received auto response
confirming receipt
Auto email response only
7/1/2024 Text To Ashmore and De La Torre with
video evidence of chicken noise
No response

9 Date Form Description Outcome Comments
7/1/20224 Email To Ashmore requesting details of
investigation.

No response From J. Adamik
7/1/2024 Text To Ashmore and De La Torre with
video evidence of chicken noise –
second text
No response
7/2/2024 Email From De La Torre Stated we should
continue to work with
SDHS regarding chicken
noise
7/15/2024 Email To J. Huggins – Vice president,
Enforcemet, SDHS
Requested response to
whether Ashmore is still
employed by SDHS
because of no response
No response from J.

Huggins
7/2/2024 Call With De La Torre regarding chicken
issue
He said we should
continue to work with
SDHS
Sent email summarizing
discussing and disputing
some of his statements
7/9/2024 Web J. Adamik filed second online
complaint with SDHS
No response Auto email response only
Week of
7/15
Visit Per Chuck Soper: Had a visit from
a SDHS officer.

Asked a few questions
and left.
7/15/2024 Email To J. Huggins – Vice president,
Enforcement, SDHS

SECOND REQUEST
Requested response to
whether Ashmore is still
employed by SDHS
because of no response
No response from J.

Huggins
7/19/2024 Email From N. Morrow, City Planning
Department
Formal notice of public
hearing related to 2024
Zone Code Clean Up –
Home Occupations
7/21/2024 Email To Carlsbad City Manager Request for copy current agreement between City
and County for Animal
Control Services-
requested
acknowledgement if
online agreement is still
current
No response

TO: CITY CLERK

AFFIDAVIT OF MAILING

NOTICE OF PUBLIC HEARING
DATE OF PUBLIC HEARING: ~~ o u;:Jb_ CQo,v'.I Up
SUBJECT: ]/<Did() _ _
LOCATION: Glloo Carlsbad Village Drive, Carlsbad, CA 92008 D Oth er: - - ----------------
• DATE POSTED TO CITY WEBSITE ~ h j;J.o;;;;_if
DATE NOTICES MAILED TO PROPERTY OWNERS: ----------
NUMBER_ MAILED: -
I declar e under penalty of perjury und er the laws.of the Stat e of California that I am employ ed by t he City of Carlsbad and the foregoin g is true and correct .

DEPARTMENT: [a'c:1TY CLERK'S OFFICE □ OTHER _______ _
Signatur e Date
SENT TO FOR PUBLICATION VIA E-MAIL TO: □ Union Tribune on ___ _ ~Coa st News on· --J / I ,")/J-'-/
PUBLICATION DATE: Union Tribune ----- - --------
Coast News _ _ 1__;_;_/ __,_/ 9_...../.__:1.o_ -;;..----'-l( ___ _ I decl are under penalty of perjury under the laws of the State of California that I am employed by the City of Carlsbad and th e foregoin g is true and corre ct.

DEPARTMENT: [g-cin' CLERK'S OFFICE □ OTHER _______ _
Signatur e
Attachments: 1) Mailing Labels
2) Notice w/ attachments

NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN to you, because your interest may be affected, that the City Council of the City of Carlsbad will hold a public hearing at the Council Chamber, 1200 Carlsbad Village Drive, Carlsbad, California, at 5 p.m. on Tuesday, July 30, 2024, to consider a series of amendments to the city's Municipal Code as part of a bi-annual effort, the Zone Code Clean Up, to maintain the city's code.

The 2024 Zone Code Clean Up is part of the Planning Division's work program to maint ain the Carlsbad Municipal Code (CMC) for ease of use and accuracy. The Zone Code Clean Up consists of miscellaneous amendments to Titles 8, 11, 15 and 21 of the city's code, including the Zoning Ordinance. These amendments include corrections and updates for the purpose of addressing inconsistencies, updated terminology, and new state regulations . Additionally , the Zone Code Clean Up is proposed for the purpose of adding or deleting minor requirements and improving the overall clarity and usability of the code. The proposed amendments apply citywide and do not change allowable uses or intensities.

On May 15, 2024, the City of Carlsbad Planning Commission voted 5/0/1 (Lafferty absent) to recommend approval of a Zoning Ordinance Amendment and Local Coastal Program Amendment to Title 21 (the Zoning Ordinance). Amendments to Titles 8, 11 and 15 are not subject to the Planning Commission's authority, although information on these proposed changes was provided to the Planning Comrnission for informational purposes. The City Planner has determined that the project is exempt from the p~visions of the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15061(8)(3). _ .. _
Those persons wishing to speak on this item are cordially invited to attend the public hearing. Copies of the staff report will be available on and after Friday, July 26, 2024. If you have any questions, please contact Nicole Morrow in the Planning Division at 442-339-5438 or nicole.morrow@carlsbadca .gov. The meeting can be viewed online at https ://www.carlsbadca.gov/city -hall/meetings -agendas or on the city's cable channel. In addition, written comments may be submitted to the City Council at or prior to the hearing via U.S. Mail to the attention of Office of the City Clerk, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, or via email to [email protected].

If you challenge the Zone Code Amendment, Municipal Code Amendment or Local Coastal Program Amendment in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad, Attn:

City Clerk's Office, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, at or prior to the public hearing.

CASE FILE:

CASE NAME:

PUBLISH:

ZCA 2024-0001, MCA 2024-0001, LCPA 2024-0020 (PUB 2024-0005) 2024 ZONE CODE CLEAN UP
FRIDAY, JULY 19, 2024

CITY OF CARLSBAD CITY COUNCIL
CITY OF CAlll.5B,\ll
NQTICFOPPJIBI IC HF4.BING
NOTICE IS HERE.BY GIVF..N to you, because your intucst may be dl'ccted, that the City Council of the City of Carlsbad will hold a public hearing at the Council Chamber, 1200 Carls bad Village Drive. Carlsbad, California, at 5 p.m. on 'fuesday, July 30, 2024, to oonsider a series of amendments to the city's Municipal Code as part ofa bi-annual effort. tM Zone CodeCJcan Up, to ma.intain the city's code.
11\e 20Z♦ Zone Code Clean Up is part of the Planning Division·• work program to mainl&.in I.he Carlsbad Municipal Code (CMC) for ease of use and accuncy. The Zone Code Clean Up cocuisu ofmiscellaneow amcodment.1 to Titles 8, 11, 15 and 21 of the city's code, including the Zoning Ordinance. These amendments include com1Ctions and updat.es for the purpose of addressing inconsis1.encies. updated terminology, and new stat.e regulations. Additionally, the Zone Code Clean Up is prop,oeed for the purpose of adding or deleting minor ~uittmen u and improving the o"erall clarity and usability of the code. The proposed amendmenlS apply citywide and do not change allowable USC$ or inteositW$.

On May 15, 2024, the City of carl5bad Planning Commlssion ,'()ted 5/0/1 (Lafferty &hunt) to recommend approval of a Zoning Ordinance Amendment and Local Coastal Prog.nu:n Amend• tnenl lO Title 21 (the Zoning Ordina.nce). Amendments LO Til.les 8, 11 and 15 an! not subj eel to the Planning Commission's authority, although information on these proposed changes was provided to the Planning Commission for infonnationaJ purposes. ni.e City Planne:r hu deter• mined that the project is exempt from the provisions of the California Environment.aJ Quality Act (CEQA) in accordance with CEQ,.4. Guidelioos Section 15061(BX3).

Those penons WU.hing to speak on this item are cordially invh.ed LO attend the public huring.

Copic, of the staff rc1>0rt will £,e available on and after Friday. July 26, 202♦. If you ha\'c any qutstions. pleue. con tact. Nicole Morrow in the Planning Div;sion Ill 4"1,2·339·5+38 or nialJL rooo:ow@c1dsb1dca r,w The meeting can be viewed online 1t 1'nps· l!wwwc1dsb1dc1 gm/ d~·•bellfmeerings·agendas or on thedtyi cable.channel. Jn addition, written comment& may be submitted to the City Council at or prior to the hearing v;a U.S. Mail to the auention of Of fice of the City (lerk, 1200 Cambad Village Drive, Carlsbad, C:.\ 92008, or VU. email to cluk@ cadsbadca gov
If you challenge the Zone Code Amendment. Municipal Code Amendment or Loca1 Coast&) Program Amendment in court. you may be limited to raising only those i5Sues you or someone else n.ised at the public hearing described in this notice or in writ.tt-n oorrespondcooe delivered to the City of c.arlsbad, Attn: City Clerk'■ Office, 1200 Carlsbad Village Dri'\·e. Carlsbad, C.-\ 92008, at or prior to the pub lit hearing.

CASE FILE,

CASE NAME,
PUBLISH:

ZCA 20Z+-0001, MCA 2024-0001, LCPA 20U-0020
(PUB 202♦-0005)
202♦ WN'E CODE CLEAN UP
PRJDAY, JULY 19, 202♦
CJTY OP CARLSBAD CIT'r' COUNCIL
07/19/2024 CN 29190
3 col X 6.25"

18.75"x $15
$273.25
2024 Zone Code Clean Up
Robert Efird, Principal Planner
Scott Donnell, Senior Planner
Nicole Morrow, Assistant Planner
Community Development Department
July 30, 2024
( City of
Carlsbad
2 PURPOSE
ITEM 9: 2024 ZONE CODE CLEAN UP
• Bi-annual effort part of the department’s
work program
• Review of city codes and regulations to
reduce errors, maintain consistency and
improve clarity
{ City of
Carlsbad
3 OVERVIEW
• Amends the following sections of the
Carlsbad Municipal Code:
• Title 8 – Public Peace, Morals & Safety
• Title 11 – Public Property
• Title 15 – Grading
• Title 21 – Zoning Ordinance
• Local Coastal Program
ITEM 9: 2024 ZONE CODE CLEAN UP
ITEM 9: 2024 ZONE CODE CLEAN UP

SUMMARY OF AMENDMENTS
The proposed amendments include changes which:
• Fix administrative errors
• Update terminology and
references
• Improve consistency across
code sections
• Reflect state requirements
• Codify existing city practices
4 { City of
Carlsbad
5 • Overall update to provide clarification on
the conditions, requirements, and state
standards that must be met to operate
home occupations in the R-1, R-A, and
other residential zones
“Home Occupations”
ITEM 9: 2024 ZONE CODE CLEAN UP
{ City of
Carlsbad
ITEM 9: 2024 ZONE CODE CLEAN UP
6 “Home Occupations” Sample: Employees
Existing Code
Proposed Amendment

2. No employee shall be employed on the premises;

4. No employees shall be employed on the premises unless required by local or state law.
{ City of
Carlsbad
ITEM 9: 2024 ZONE CODE CLEAN UP
7 “Home Occupations” Sample: Secondary Use
Existing Code
Proposed Amendment

1. Home occupations shall be conducted as a secondary use by a resident or residents of the premises;

ITEM 9: 2024 ZONE CODE CLEAN UP
8 “Home Occupations” Sample: Storage
Existing Code
Proposed Amendment

5. No storage of materials, goods, equipment or stock in trade shall be permitted where visible from the exterior of the property;

8. Limited indoor storage of goods or supplies (125 cubic feet maximum) may take place within no more than one room of the dwelling and/or in the attached garage (provided required parking on-site is maintained and properly located).
{ City of
Carlsbad
9 • Permits poultry-keeping in the R-1 Zone based
on the precedent of other zones
• Sets limits on the types and number of poultry
permitted in the R-1 Zone
• Establishes setbacks for enclosures based on
number of animals kept
ITEM 9: 2024 ZONE CODE CLEAN UP
“Animal Keeping”
{ City of
Carlsbad
10 ITEM 9: 2024 ZONE CODE CLEAN UP
5 Poultry or Less 6-15 Poultry
Roosters prohibited Roosters prohibited
15-foot setback from habitable
structure on an adjoining parcel
40-foot setback from habitable
structure on an adjoining parcel
Cannot be in the front yard Cannot be in the front yard Must have an enclosure Must have an enclosure
Must maintain the enclosure for
sanitation purposes
Must maintain the enclosure for
sanitation purposes
“Animal Keeping”
11 • Reinstates City Engineer’s discretion to require a grading permit in certain situations
• Eliminates duplicative review for city projects
• Updates permit withdrawal terminology from
“city approval” to “permit” for clarity
ITEM 9: 2024 ZONE CODE CLEAN UP
“Grading Permits”
{ City of
Carlsbad
12 ENVIRONMENTAL STATEMENT
The City Planner has determined that the
project is exempt from CEQA under Section
15061(b)(3) of the state government code
because there is no possibility that the
proposed amendments will have a significant
effect on the environment.

ITEM 9: 2024 ZONE CODE CLEAN UP
{ City of
Carlsbad
13 PUBLIC OUTREACH
• April 25, 2024: CEQA Determination of
Exemption Posted
• May 10, 2024: Local Coastal Program Public
Review Notice
• May 15, 2024: Planning Commission
Recommends Approval
• Public Hearing Newspaper Advertisements
ITEM 9: 2024 ZONE CODE CLEAN UP
{ City of
Carlsbad
14 NEXT STEPS
• Ordinance effective outside of the Coastal
Zone 30 days after adoption
• Submit LCPA application to the California
Coastal Commission (Titles 15 & 21)
ITEM 9: 2024 ZONE CODE CLEAN UP
{ City of
Carlsbad
15 RECOMMENDED ACTION
ITEM 9: 2024 ZONE CODE CLEAN UP

1. Introduce an ordinance for Titles 8 (Public
Peace, Morals and Safety) & 11 (Public
Property)

2. Introduce an ordinance for Titles 15
(Grading) & 21 (Zoning)

3. Adopt a resolution for a Local Coastal
Program Amendment
{ City of
Carlsbad

Carlsbad City CouncilJuly 30, 2024

Carlsbad City Council
July 30, 2024