Chapter 21.45 — PLANNED DEVELOPMENTS

Note: Prior ordinance history: Ord. Nos. NS-612, NS-662, NS-633, NS-675, and NS-718.

• A. The purpose of the planned development ordinance is to:

  1. Recognize the need for a diversity of housing and product types;

  2. Provide a method for clustered property development that recognizes that the impacts of environmentally and topographically constrained land preclude the full development of a site as a standard single-family subdivision;

  3. Establish a process to approve the following:

     • a. One-family dwellings and twin-homes on individual lots of less than seven thousand five hundred square feet in size or as otherwise allowed by the underlying zone;

     • b. Condominium projects consisting of two-family and multiple-family dwellings, as well as one-family dwellings developed as two or more detached dwellings on one lot;

     • c. Condominium conversions; and

     • d. Private streets;

  4. Encourage and allow more creative and imaginative design by including relief from compliance with standard residential zoning regulations. To offset this flexibility in development standards, planned developments are required to incorporate amenities and features not normally required of standard residential developments.

• (Ord. NS-834 § II, 2007)

• A. A planned development permit is required for the development of one-family dwellings or twinhomes on lots of less than seven thousand five hundred square feet or as otherwise allowed by the underlying zone, attached or detached condominiums, condominium conversions, and private streets.

• B. These regulations do not apply to attached residential units proposed for inclusion as part of a commercial development project.

• C. Any application for a planned development permit that was deemed complete prior to the effective date of the ordinance reenacting this chapter, shall not be subject to the amended provisions of this chapter but shall be processed and approved or disapproved pursuant to the ordinance superseded by the ordinance codified in this chapter.

• D. If there is a conflict between the regulations of this chapter and any regulations approved as part of the city's certified local coastal program, a redevelopment plan, master plan or specific plan, the regulations of the local coastal program, redevelopment plan, master plan or specific plan shall prevail.

• E. A planned development permit shall apply to residential projects only, as specified in Table A, Permitted Residential Uses, of this chapter.

• F. A planned development permit shall be required for the development of a private street within a residential development that is not otherwise subject to the requirements of this chapter. Such residential development shall not be subject to any development standard of this chapter, except the private street standards.

• (Ord. NS-834 § II, 2007)

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

"Condominium project" means a common interest development defined by Section 4100 of the California Civil Code, and which consists of two or more attached or detached dwelling units on one lot.

"Drive-aisle" means an improved surface on private property intended for shared vehicular access (serving two or more residential units, attached or detached) from a public/private street to a driveway(s) or open/enclosed parking.

"Driveway" means an improved surface on private property intended for exclusive vehicular access from a public/private street or drive-aisle to open/enclosed parking for a single residential unit (attached or detached).

"Net pad area" means the building pad of a lot excluding all natural or manufactured slopes greater than 3 feet in height except intervening manufactured slopes between split-level pads on a single lot.

"Planned development" means a form of development usually characterized by a unified site design for a number of housing units, clustering buildings and providing common open space, recreation and streets.

"Twin-home" means two dwellings attached by a common wall where each dwelling is on a separate lot that allows for separate ownership.

(Ord. NS-834 § II, 2007; Ord. CS-242 § 1, 2014)

Table A, Permitted Residential Uses, specifies the types of residential uses, and the zones where such uses are permitted, subject to the approval of a planned development permit. The uses specified in Table A are in addition to any principal use, accessory use, transitional use or conditional use permitted in the underlying zone.

Table A

Permitted Residential Uses

Legend:

P = Permitted.

• (#) Number within parentheses = Permitted only in certain circumstances. X = Not permitted.

Notes:

• (1) Permitted when the project site is contiguous to a higher intensity land use designation or zone, or an existing project of comparable or higher density.

• (2) Permitted when the proposed project site is contiguous to a lot or lots zone R-3, R-T, R-P, C- 1, C-2, C-M or M, but in no case shall the project site consist of more than one lot nor be more than 90 feet in width, whichever is less.

• (3) Permitted when developed as two or more detached units on one lot.

• (4) Permitted when the project site contains sensitive biological resources as identified in the Carlsbad Habitat Management Plan. In the case of a condominium project, attached or detached units may be permitted when the site contains sensitive biological resources.

• (5) One-family dwellings or twin-homes on small lots (one unit per lot) are not permitted in the RD-M Zone when it implements the R-35 or R-40 land use designation.

• (6) Permitted when the R-P zone implements the R-15 land use designation.

Notes:

• (7) Permitted when the R-P zone implements the R-15 or R-23 land use designations.

• (8) Permitted uses shall be consistent with the master plan.

• (9) Refer to the Village and Barrio master plan for permitted uses.

• (10) Refer to Table F for permitted accessory uses.

• (Ord. NS-834 § II, 2007; Ord. CS-099 § II, 2010; Ord. CS-334 § 10, 2018; Ord. CS-432, 9/27/2022; Ord. CS-465, 2/6/2024)

• A. Application and Fee.

  1. An application for a planned development permit may be made by the owner of the property affected or the authorized agent of the owner. The application shall:

     • a. Be made in writing on a form provided by the City Planner;

     • b. State fully the circumstances and conditions relied upon as grounds for the application; and

     • c. Be accompanied by adequate plans, a legal description of the property involved and all other materials as specified by the City Planner.

     • d. A planned development permit application for a small-lot subdivision (intended to be developed with one dwelling per lot) may be approved without architecture and plotting; in which case, approval of a major planned development permit amendment will be required at a later date to authorize the proposed structures and their placement.

     • e. A planned development permit application for a condominium project shall require approval of architecture and plotting concurrent with the approval of the condominium subdivision.

     • f. The application for a planned development permit shall state the proposed method of land division (i.e., small lots, or air-space condominiums).

  2. At the time of filing the application, the applicant shall pay the application fee contained in the most recent fee schedule adopted by the City Council.

• B. Processing Procedures. Table B, Processing Procedures, identifies required procedures for minor (four or fewer dwelling units) and major (five or more dwelling units) planned development permits.

• C. Findings of Fact.

  1. The decision-making authority shall approve or conditionally approve a planned development permit only if the following findings are made:

• a. The proposed project is consistent with the general plan, and complies with all applicable provisions of this chapter, and all other applicable provisions of this code.

  - b. The proposed project will not be detrimental to existing uses, or to uses specifically permitted in the area in which the proposed use is to be located, and will not adversely impact the site, surroundings, or traffic. 
  
  - c. The project will not adversely affect the public health, safety, or general welfare. 
  
  - d. The project's design, including architecture, streets, and site layout: 
  
     - i. Contributes to the community's overall aesthetic quality; 
  
     - ii. Includes the use of harmonious materials and colors, and the appropriate use of landscaping; and 
  
     - iii. Achieves continuity among all elements of the project. 
  

• D. Modifications to Development Standards.

  1. The decision-making authority may approve a modification to the development standards specified in this chapter if all of the following findings are made in writing:

     • a. The proposed planned development designed with the modified development standard(s) is consistent with the purpose and intent of this chapter; and

     • b. The proposed modification(s) will result in the preservation of natural habitat as required by the Carlsbad Habitat Management Plan (HMP); and

     • c. The amount of natural habitat preservation required by the HMP could not be achieved by strict adherence to the development standards of this chapter; and

     • d. The proposed modification(s) will not adversely affect the public health, safety, or general welfare; and

     • e. If the project is located within the coastal zone, the modification is consistent with all local coastal program policies and standards for the protection of coastal resources.

  2. Any application for a planned development permit that involves a request for a modification to the development standards of this chapter shall include documentation that clearly

demonstrates the modification is necessary to implement the natural habitat preservation requirements of the HMP.

3. The decision-making authority may modify the plan, or impose such conditions or requirements that are more restrictive than the development standards specified in this chapter, the underlying zone or elsewhere in this code, as deemed necessary to protect the public health, safety and general welfare, or to insure conformity with the general plan and other adopted policies, goals or objectives of the city.

• (Ord. NS-834 § II, 2007; Ord. CS-164 §§ 10, 11, 2011; Ord. CS-178 § LXXVIII, 2012)

• A. All planned developments shall comply with the general development standards specified in Table C below. Specific standards applicable to one-family dwellings and twin-homes on smalllots can be found in Table D; and standards applicable to condominium projects can be found in Table E.

• B. In addition to the provisions of this chapter, a planned development project shall be subject to the development standards of the project site's underlying zone.

• C. If there is a conflict between the development standards of this chapter and the development standards applicable to the project site's underlying zone, the standards of this chapter shall prevail. Exception: the development standards specified in the city's local coastal program, a redevelopment plan, master plan or specific plan shall prevail if such standards conflict with the standards of this chapter.

• D. When approved, a planned development permit shall become a part of the zoning regulations applicable to the subject property.

(click here to view the full table)

(Ord. NS-834 § II, 2007; Ord. CS-026 § 1, 2009; Ord. CS-164 § 10, 2011; Ord. CS-432, 9/27/2022; Ord. CS-465, 2/6/2024)

• A. In addition to the general development standards found in Table C, planned developments that include one-family dwellings or twin-homes on small lots shall comply with the following development standards found in Table D, One-Family Dwellings and Twin-Homes on Small Lots.

(click here to view the full table)

• (Ord. NS-834 § II, 2007; Ord. CS-026 § 1, 2009; Ord. CS-432, 9/27/2022; Ord. CS-457, 9/12/2023)

In addition to the general development standards found in Table C, condominium projects shall comply with the following development standards listed in Table E, Condominium Projects.

(click here to view the full table)

Table E Condominium Projects REF. NO. SUBJECT DEVELOPMENT STANDARD

May consist of more than one recreational space.

Notes:

• (4) Building setbacks shall be measured from one of the following (whichever is closest to the building): a) the outside edge of the required drive-aisle width; b) the back of sidewalk; or c) the nearest side of a parking bay located contiguous to a drive-aisle (excluding parking located in a driveway in front of a unit's garage).

• (5) Any uncovered required parking space in the R-W zone may be located within a required front yard setback and may be tandem.

• (6) This standard does not apply to housing for senior citizens (see Chapter 21.84 of this code).

• (7) Protrusions above the height limit shall be allowed pursuant to Section 21.46.020 of this code. Such protrusions include protective barriers for balconies and roof decks.

(Ord. NS-834 § II, 2007; Ord. CS-026 §§ 5—9, 2009; Ord. CS-432, 9/27/2022; Ord. CS-457, 9/12/2023; Ord. CS-465, 2/6/2024)

• A. General.

  1. Additions and accessory uses shall be subject to all applicable development standards of this chapter, unless otherwise specified in this section and except as otherwise permitted for accessory dwelling units or junior accessory dwelling units pursuant to Section 21.10.030 .

  2. Additions to buildings that are legally nonconforming shall comply with the requirements of Chapter 21.48 of this code.

• B. One-Family Dwellings and Twin-Homes on Small Lots.

  1. Table F lists the provisions for residential additions and accessory uses to one-family dwellings and twin-homes on small lots.

  2. The additions and accessory uses listed in Table F shall be subject to the approval/issuance of a building permit.

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.

Notes:

• (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[[1]] (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.

  • [1] Editor's Note: See California Government Code Section 66313 et seq.

• C. Condominium Projects. Additions and accessory uses to condominium projects shall be subject to Section 21.45.100 (Amendments to permits).

• (Ord. NS-834 § II, 2007; Ord. CS-050 § IV, 2009; Ord. CS 324 §§ 2, 23, 2017; Ord. CS-384 § 25, 2020; Ord. CS-432, 9/27/2022; Ord. CS-449, 6/6/2023; Ord. CS-474, 8/20/2024)

• A. An approved planned development permit may be amended pursuant to the provisions of Section 21.54.125 of this title, except that project revisions specified in subsection B of this section shall not require an amendment.

• B. Amendment Exceptions.

  1. A project revision shall not be required to obtain an amendment to an existing planned development permit if all of the following findings are made:

     • a. The proposed revision does not increase the density (i.e., the addition of units);

     • b. The proposed revision does not decrease the density by more than ten percent and provided the density is not decreased below the minimum density of the underlying residential land use designation of the general plan;

     • c. The proposed revision does not change the boundary of the subject property;

     • d. The proposed revision does not involve the addition of a new land use not shown on the original permit (e.g., adding a commercial use to a residential project, replacing single-family units with attached residential units, vice versa for each example, etc.);

     • e. The proposed revision does not rearrange the major land uses within the development (e.g., it does not exchange the locations of single-family units with attached units);

     • f. The proposed revision does not create changes of greater than ten percent, provided that compliance will be maintained with the applicable development standards of this code as follows:

       • i. Per individual lot or structure basis: Building floor area, coverage or height (except that height reductions of more than ten percent are permitted);

       • ii. On an aggregate project basis: Parking, open space, recreation or landscaping areas;

     • g. The proposed revision is architecturally compatible with existing structures within the development.

• (Ord. NS-834 § II, 2007; Ord. CS-164 §§ 10, 11, 2011; Ord. CS-178 § LXXIX, 2012)

§ 21.45.110. Conversion of existing buildings to planned developments.

• A. Applicability. Any application for the conversion of existing buildings to a planned development (e.g., converting apartments to condominiums) shall be subject to all provisions of this chapter.

• B. Building Plans and Gas/Electric Plan.

  1. An application for conversion of an existing structure to a planned development shall include building plans indicating how the building relates to present building and zoning regulations and where modifications will be required.

  2. Also, the application shall include a letter from San Diego Gas and Electric explaining that the plans to connect the gas and electric system to separate systems are acceptable.

• C. Conversions within the Coastal Zone. The conversion of existing residential units within the Coastal Zone that are occupied by persons or families of low or moderate income shall be subject to the requirements of Section 65590 of the California Government Code.

• D. Notice to Tenants and Findings.

1. Each prospective and existing tenant of the proposed condominium project shall be given written notice of the proposed conversion in accordance with Sections 66452.8 and 66452.9 of the California Government Code (Subdivision Map Act); and

   2. In addition to all other required findings for a subdivision, the City Council shall make all of the findings set forth in Section 66427.1 of the California Government Code (Subdivision Map Act).

• (Ord. NS-834 § II, 2007)

• A. Where a planned development contains any land or improvement proposed to be held in common ownership, the applicant shall submit a declaration of covenants, conditions and restrictions (CC&Rs) with the final map. Such declaration shall set forth provisions for maintenance of all common areas, payment of taxes and all other privileges and responsibilities of the common ownership.

• B. The CC&Rs shall include provisions:

  1. For maintenance of all common areas, payment of taxes and all other privileges and responsibilities of the common ownership.

  2. Prohibiting the homeowners' association from quitclaiming land in an association easement for ownership to private property owners thus allowing the homeowners to privatize a common area for their own use.

• C. The CC&Rs shall be reviewed by and subject to approval of the City Planner. (Ord. NS-834 § II, 2007; Ord. CS-164 § 10, 2011)

All private streets, walkways, parking areas, landscaped areas, storage areas, screening sewers, drainage facilities, utilities, open space, recreation facilities and other improvements not dedicated to public use shall be maintained by the property owners. Provisions acceptable to the City Planner shall be made for the preservation and maintenance of all such improvements prior to the issuance of building permits.

(Ord. NS-834 § II, 2007; Ord. CS-164 § 10, 2011)

• A. Public Nuisance.

  1. All commonly-owned lots, improvements and facilities shall be preserved and maintained in a safe condition and in a state of good repair.

  2. Any failure to so maintain is unlawful and a public nuisance if it endangers the health, safety and general welfare of the public and is a detriment to the surrounding community.

• B. Removal of Public Nuisance.

  1. In addition to any other remedy provided by law for the abatement, removal and enjoinment of such public nuisance, the Community and Economic Development Director or Housing and Neighborhood Services Director may, after giving notice, cause the necessary work of maintenance or repair to be done.

  2. The costs thereof shall be assessed against the owner or owners of the project.

• C. Notice of Maintenance Required.

  1. The notice shall be in writing and mailed to:

     • a. All persons whose names appear on the last equalized assessment roll as owners of real property within the project at the address shown on the assessment roll; and

     • b. Any person known to be responsible for the maintenance or repair of the common areas and facilities of the project under an indenture or agreement.

  2. At least one copy of such notice shall be posted in a conspicuous place on the premises.

  3. The notice shall particularly specify:

     • a. The work required to be done; and

     • b. That the work must be commenced within thirty days after receipt of such notice, and diligently and without interruption prosecuted to completion; and

     • c. If upon the expiration of the thirty-day period, the work is not commenced and being performed with diligence, the city shall cause such work to be done; in which case, the cost and expense of such work, including incidental expenses incurred by the city, will be assessed against the property or against each separate lot and become a lien upon such property.

• D. Upon completion of such work, the Community and Economic Development Director or Housing and Neighborhood Services Director shall file a written report with the City Council setting forth the fact that the work has been completed and the cost thereof, together with a legal description of the property against which the cost is to be assessed.

  1. Written notice shall be provided to all persons specified in subsection C.1 of this section of the hour and place that the City Council will pass upon the written report and will hear any protests against the assessments shall be provided. Such notice shall also set forth the amount of the proposed assessment.

     • a. Upon the date and hour set for the hearing, the City Council shall hear and consider the report and any protests before proceeding to confirm, modify or reject the assessments.

• E. A list of assessment as finally confirmed by the City Council shall be sent to the City Treasurer for collection.

1. If any assessment is not paid within ten days after its confirmation by the City Council, the City Clerk shall cause to be filed in the office of the County Recorder a notice of lien, in a form approved by the City Attorney.

• a. From and after the date of recordation of such notice of lien, the amount of the unpaid assessment shall be a lien on the property against which the assessment is made, and such assessment shall bear interest at the maximum rate allowed by law until paid in full.

  • b. The lien shall continue until the amount of the assessment and all interest thereon has been paid.

c. The lien shall have priority according to law. (Ord. NS-834 § II, 2007; Ord. CS-164 §§ 9, 14, 2011)

• A. Except for model homes, building permits for construction within the proposed planned development shall not be issued until a final subdivision map has been recorded for the project.

• B. A maximum of six model home units may be constructed prior to recordation of the final map, provided that adequate provision acceptable to the City Planner and City Attorney are made guaranteeing removal of such complex if the final map is not recorded.

• (Ord. NS-834 § II, 2007;; Ord. CS-164 § 10, 2011)

The restrictions on the reapplication for a planned development permit are specified in Section 21.54.130 of this code.

(Ord. NS-834 § II, 2007)