Chapter 21.82 — BEACH AREA OVERLAY (BAO) ZONES

• A. The intent and purpose of the beach area overlay (BAO) zone is to supplement the underlying residential zoning by providing additional regulations for development within designated beach areas to:

  1. Ensure that development will be compatible with surrounding developments, both existing and proposed, in the beach area;

  2. Provide for adequate parking as needed by residential projects;

  3. Ensure that adequate public facilities will exist to serve the beach area;

4. Protect the unique mix of residential development and aesthetic quality of the area.

(Ord. NS-834 § III, 2007)

The beach area overlay zone shall apply to any residentially zoned property within the area bounded by the AT&SF Railroad right-of-way to the east, the Pacific Ocean to the west, Buena Vista Lagoon to the north and Agua Hedionda Lagoon to the south. (Ord. NS-834 § III, 2007)

In the beach area overlay zone, any principal use, accessory use, transitional use or conditional use permitted in the underlying zone is permitted subject to the same conditions and restrictions applicable in such underlying zone and to all of the requirements of this chapter. (Ord. NS-834 § III, 2007)

No building permit or other entitlement shall be issued for any use in the beach area overlay zone unless there is a valid site development plan approved for the property processed pursuant to Chapter 21.06 (Q-Overlay Zone) of this code. When a development requires a conditional use permit or is processed pursuant to Chapter 21.45 of this code, a site development plan is not required

unless the planned development is for four or less units in which case a site development plan shall be processed. Further, a site development plan is not required for the construction, reconstruction, alteration or enlargement of a single-family residential dwelling on a residentially zoned lot. (Ord. NS-834 § III, 2007)

No newly constructed, reconstructed, altered or enlarged residential structure within the beach area overlay zone shall exceed thirty feet if a minimum 3/12 roof pitch is provided or twenty-four feet if less than a 3/12 roof pitch is provided.

(Ord. NS-834 § III, 2007; Ord. CS-026 § 10, 2009)

• A. With the exception of the parking standards specified in this section, the parking standards specified in Chapter 21.44 shall apply.

• B. The parking standards specified in Chapter 21.45 shall apply to planned developments within the BAO zone.

• C. Visitor Parking.

  1. Visitor parking shall be provided for all residential development, as follows:

2. When calculating the required number of parking spaces, if the calculation results in a fractional parking space, the required number of parking spaces shall always be rounded up to the nearest whole number.

3. Required visitor parking may be provided within driveways, subject to the following:

   • a. One required visitor parking space may be credited for each driveway in a project that has a depth of forty feet or more.

   • b. If all streets within and/or adjacent to the project allow for on-street parking on both sides of the street, then visitor parking may be located in a driveway, subject to the following:

     • i. All required visitor parking may be located within driveways, provided that all dwelling units in the project have driveways with a depth of twenty feet or more.

     • ii. If less than one hundred percent of the driveways in a project have a depth of twenty feet or more, then a 0.25 visitor parking space will be credited for each driveway in a project that has a depth of twenty feet or more (calculations resulting in a fractional parking space credit shall always be rounded down to the nearest whole number).

     • iv. The minimum twenty-foot driveway depth required for visitor parking applies to driveways for front or side-loaded garages, and is measured from the property line,

back of sidewalk, or from the edge of street pavement, whichever is closest to the structure.

4. Up to fifty-five percent of the visitor parking may be provided as compact spaces (eight feet by fifteen feet);

5. No credit will be given for on-street parking to satisfy any of the parking requirements above.

• (Ord. NS-834 § III, 2007)

This chapter shall not apply to projects having received final discretionary approval, pursuant to Titles 20 and 21 both, from the City of Carlsbad prior to June 26, 1985. If projects exempted above have not commenced construction and made substantial progress towards completion by June 26, 1987, then this chapter shall apply to those projects at that time. (Ord. NS-834 § III, 2007)