Chapter 21.12 — R-2 TWO-FAMILY RESIDENTIAL ZONE

Note: Prior ordinance history: Ord. Nos. 9060, 9336, 9343, 9674, 9731, 9785, 9804, 1256, NS180, NS-243, NS-283, NS-355, NS-565, NS-663, and NS-675.

• A. The intent and purpose of the R-2 two-family residential zone is to:

  1. Implement the R-8 (Residential 4-8 du/ac) land use designation of the Carlsbad general plan; and

  2. Provide regulations and standards for the development of residential dwellings, and other permitted or conditionally permitted uses, as specified in this chapter.

• (Ord. NS-718 § 8, 2004; Ord. CS-432, 9/27/2022)

• A. In the R-2 zone, notwithstanding any other provision of this title, only the uses listed in Table A, below, shall be permitted, subject to the requirements and development standards specified by this chapter, and subject to the provisions of Chapter 21.44 of this title governing off-street parking requirements.

• B. The uses permitted by conditional use permit, as indicated in Table A, shall be subject to the provisions of Chapter 21.42 of this title.

• C. A use similar to those listed in Table A may be permitted if the City Planner determines such similar use falls within the intent and purposes of the zone, and is substantially similar to the specified permitted uses.

Table A

Permitted Uses

In the table, below, subject to all applicable permitting and development requirements of the municipal code:

"P" indicates the use is permitted. (See note 7 below)

"CUP" indicates that the use is permitted with approval of a conditional use permit. (See note 7 below)

1 = Minor Conditional Use Permit (Process One), pursuant to Chapter 21.42 of this title.

2 = Conditional Use Permit (Process Two), pursuant to Chapter 21.42 of this title.

3 = Conditional Use Permit (Process Three), pursuant to Chapter 21.42 of this title.

"Acc" indicates use is permitted as an accessory use.

Notes:

1. Private garages (defined: Section 21.04.150 ) shall accommodate not more than two cars per dwelling unit.

2. When associated with a two-family or multiple-family dwelling, accessory buildings shall not include guesthouses or accessory living quarters (defined: Section 21.04.165 ).

3. If a one-family dwelling existed on a lot on the effective date of the ordinance codified in this title, a second one-family dwelling may be erected. Also, on corner lots two one-family dwellings may be erected if one house faces the street upon which such lot fronts and the other house faces upon the side street.

4. A multiple-family dwelling with a maximum of four units may be erected when the side lot line of a lot abuts R-P, commercial or industrial zoned lots, but in no case shall the property consist of more than one lot, or be more than ninety feet in width.

5. A conditional use permit is not required for a golf course if it is approved as part of a master plan for a planned community development.

6. Mobile homes must be certified under the National Mobilehome Construction and Safety Standards Act of 1974 (42 U.S.C. Section 5401 et seq.) on a foundation system pursuant to Section 18551 of the State Health and Safety Code.

7. Any use meeting the definition of an entertainment establishment, as defined in Section 8.09.020 of the Carlsbad Municipal Code (CMC), shall be subject to the requirements of CMC Chapter 8.09 .

(Ord. NS-718 § 8, 2004; Ord. NS-746 § 7, 2005; Ord. NS-791 § 12, 2006; Ord. CS-102 §§ XXII— XXIV, 2010; Ord. CS-164 § 10, 2011; Ord. CS-189 § XIV, 2012; Ord. CS-191 § VIII, 2012; Ord. CS224 §§ IX, X, 2013; Ord. CS-249 § VI, 2014; Ord. CS-324 § 2, 2017; Ord. CS-384 §§ 10, 15, 2020; Ord. CS-432, 9/27/2022; Ord. CS-448, 6/6/2023)

No building in the R-2 zone shall exceed a height of thirty feet and two stories if a minimum roof pitch of 3:12 is provided or twenty-four feet and two stories if less than a 3:12 roof pitch is provided for lots under twenty thousand square feet. Buildings on lots with a lot area of twenty thousand square feet or greater shall not exceed thirty-five feet and three stories with a minimum roof pitch of 3:12 provided.

(Ord. NS-718 § 8, 2004)

Every lot in the R-2 zone shall have a front yard which has a depth not less than twenty feet, except that on key lots and on lots which side upon commercially or industrially zoned property, the depth of the required front yard need not exceed fifteen feet. (Ord. NS-718 § 8, 2004)

• A. In the R-2 zone every lot shall have side yards as follows:

  1. Interior lots shall have the following side yards:

     • a. A side yard shall be provided on each side of the lot which side yard has a width equal to ten percent of the lot width; provided that such side yard shall not be less than five feet in width and need not exceed ten feet;

     • b. The City Planner may approve a reduction in width of one side yard provided that the opposite side yard is increased in width by an amount equal to the reduction. The reduced side yard shall not be less than five feet in width nor shall it abut a lot or parcel of land with an adjacent reduced side yard, nor shall the increased side yard have a width of less than ten feet; and

     • c. In the event special circumstances exist, such as extreme topographical features and/or irregular shaped lots (such as those which front on cul-de-sacs), the City Planner may approve the application of a reduced side yard adjacent to a reduced side yard, subject to the following condition: a minimum of ten feet between buildings shall be maintained.

  2. Corner lots and reversed corner lots shall have the following side yards:

     • a. On the side lot line which adjoins another lot, the side yard shall be equal to ten percent of the lot width; provided that such side yard shall not be less than five feet in width and need not exceed ten feet; and

     • b. On the side street, the width of the required side yard shall be ten feet and such side yard shall extend the full length of the lot.

• (Ord. NS-718 § 8, 2004; Ord. CS-164 § 10, 2011)

• A. Placement of buildings on any lot shall conform to the following, except as otherwise permitted for accessory dwelling units (or junior accessory dwelling units where permitted) pursuant to Section 21.10.030 :

  1. Interior Lots.

     • a. No building shall occupy any portion of a required yard;

     • b. Any building, any portion of which is used for human habitation, shall observe a distance from any side lot line the equivalent of the required side yard on such lot and from the rear property line the equivalent of twice the required side yard on such lot;

     • c. All accessory structures shall comply with the following development standards:

       • i. The lot coverage shall include accessory structures in the lot coverage calculations for the lot,

       • ii. When proposed on a lot adjoining native vegetation, accessory structures within a fire suppression zone must be reviewed and approved by the fire department,

       • iii. Buildings shall not exceed one story,

       • iv. Building height shall not exceed 14 feet if a minimum roof pitch of 3:12 is provided or 10 feet if less than a 3:12 roof pitch is provided;

  • d. Habitable detached accessory structures shall comply with all requirements of the zone applicable to placement of a dwelling unit on a lot including setbacks;

  • e. Detached accessory structures which are not dwelling units and contain no habitable space, including, but not limited to, garages, workshops, tool sheds, decks over 30 inches above grade and freestanding patio covers shall comply with the following additional development standards when located within a lot's required setback areas:

    • i. The maximum allowable building area per structure shall not exceed a building coverage of 440 square feet,

    • ii. The following setbacks shall apply: a front yard setback of 20 feet, a rear yard setback of five feet, a side yard setback of five feet and an alley setback of five feet,

    • iii. The maximum plumbing drain size shall be one and one-half inches in diameter so as to prohibit toilets, showers, bathtubs and other similar fixtures,

    • iv. The additional development standards listed above (subsections (A)(1)(g)(i) through (iii) of this section) shall apply to the entire subject accessory structure, not just the portion encroaching into a lot's setback area; and

  • f. The provisions of this section are applicable notwithstanding the permit requirements contained in Section 18.04.015 .

2. Corner Lots and Reversed Corner Lots.

   • a. No building shall occupy any portion of a required yard;

   • b. Any building, any portion of which is used for human habitation, shall observe a distance from the rear property line the equivalent of twice the required interior side yard on such lot;

   • c. All accessory structures shall comply with the following development standards:

     • i. The lot coverage shall include accessory structures in the lot coverage calculations for the lot,

• ii. When proposed on a lot adjoining native vegetation, accessory structures within a fire suppression zone must be reviewed and approved by the fire department,

  - iii. Buildings shall not exceed one story, 
  
  - iv. Building height shall not exceed 14 feet if a minimum roof pitch of 3:12 is provided or 10 feet if less than a 3:12 roof pitch is provided; 
  

  • d. Habitable detached accessory structures shall comply with all requirements of the zone applicable to placement of a dwelling unit on a lot including setbacks;

  • e. Detached accessory structures which are not dwelling units and contain no habitable space, including, but not limited to, garages, workshops, tool sheds, decks over 30 inches above grade and freestanding patio covers shall comply with the following additional development standards when located within a lot's required setback areas:

    • i. The maximum allowable building area per structure shall not exceed a building coverage of 440 square feet,

    • ii. The following setbacks shall apply: a front yard setback of 20 feet, a rear yard setback of five feet, a side yard setback of five feet, a street side yard setback of five feet and an alley setback of five feet,

    • iii. The maximum plumbing drain size shall be one and one-half inches in diameter so as to prohibit toilets, showers, bathtubs and other similar fixtures,

    • iv. The additional development standards listed above (subsections (A)(2)(g)(i) through (iii) of this section) shall apply to the entire subject accessory structure, not just the portion encroaching into a lot's setback area; and

  • f. The provisions of this section are applicable notwithstanding the permit requirements contained in Section 18.04.015 .

• (Ord. NS-718 § 8, 2004; Ord. CS-324 § 11, 2017; Ord. CS-384 § 11, 2020; Ord. CS-432, 9/27/2022)

• A. The minimum required area of a lot in the R-2 zone shall be not less than seven thousand five hundred square feet; except that when a lot is developed with a one-family dwelling, the minimum required lot area shall be not less than six thousand square feet, unless otherwise shown on the zoning map.

• B. All legally existing R-2 zoned lots, as of December 1, 1986, may be developed with a two-family dwelling regardless of the density allowed by the underlying general plan designation if they can comply with all applicable development standards in effect at the time of their development, and if the findings to exceed the growth management control point density, as specified in Section 21.90.045 , can be made.

• (Ord. NS-718 § 8, 2004)

• A. In the R-2 zone, every lot created after the effective date of the ordinance codified in this title shall maintain a width at the rear line of the required front yard of not less than the following:

  1. Lots required to have a minimum lot area of less than ten thousand square feet, sixty feet;

  2. Lots required to have a minimum lot area between ten thousand square feet to, but not including twenty thousand square feet, seventy-five feet;

3. Lots required to have an area of twenty thousand square feet or more, eighty feet.

(Ord. NS-718 § 8, 2004)

All buildings, including accessory buildings and structures, shall not cover more than fifty percent of the area of a lot.

(Ord. NS-718 § 8, 2004)