HomeMy WebLinkAboutLCPA 95-12; Accessory Structure Regulation; Local Coastal Program Amendment (LCPA)A REPORT TO THE PLANNING CO MMISSION
Item NO. @
I Application complete date: April 5, 1995 I
P.C. AGENDA OF NOVEMBER 1, 1995 Project Planner: Eric Munoz
Project Engineer: Jim Davis
SUBJECT ZCA 95-04LCPA 95-12 - ACCESSORY STRUCTURES HEIGHT
LIMITATION - A Zone Code Amendment to various chapters of the
Carlsbad Municipal Code (Title 21 - Zoning Ordinance) to add regulations
restricting the building height of all residential accessory structures to one
story with a height limit of 14 feet. Since the proposed zone code amendment
will affect residential zones Citywide, and portions of the City are within the
Coastal Zone, a Local Coastal Program Amendment is also being processed.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 3830
RECOMMENDING APPROVAL of ZCA 95-04 based on the findings contained therein, and
ADOPT Planning Commission Resolution No. 3831 RECOMMENDING APPROVAL of
LCPA 95-12 based on the findings contained therein.
11. INTRODUCTION
This project proposes an amendment to the zoning ordinance that would limit the maximum
building height of all residential accessory structures to fourteen feet/one story. This
amendment was initiated by City Council action via the approval and adoption of a
Resolution of Intention (ROI 95-84) on April 4, 1995. Specifically, ROI 95-84 (attached)
declares the Council's intention to consider a zone code amendment to place a one story
height limitation on all accessory structures in all residential zones Citywide. This would
represent an additional layer of regulations applicable to accessory structures in addition to
the regulations imposed by ZCA 92-07 approved in 1993. ZCA 92-07 is described below
in Project Description and Background.
111. PROJECT DESCRIPTION AND BACKGROUND
This zone code amendment would revise the following chapters and sections of the zoning
ordinance: 21.08.050 (R-A), 21.10.050 (R-1), 21.12.050 (R-2), 21.16.050 (R-3), 21.18.050 (R-
P), 21.20.080 (R-T), 21.22.060 (R-W), and 21.24.090 (RD-M). This amendment would apply
ZCA 95-04/LCPA 95-12 - ACCESSORY STRUCI'URES HEIGdT LIMITATION
NOVEMBER 1,1995
to properties which have one of the above listed zoning designations throughout the City.
The result of this zone code amendment would be a one story accessory structure height
limit permitting up to 14 feet with a 3:12 minimum roof pitch or up to 10 feet with less than
a 3:12 minimum roof pitch.
Attached to the zone code amendment resolution (Planning Commission Resolution No.
3830), is the revised text to the various chapters and sections of the zoning ordinance which
would establish and implement the single story accessory structure height limitation.
Attached to this staff report (Exhibit 'Z") is a redline/strike-out version of the ordinance
changes.
Over the last four years, several regulations have incrementally been approved which have
reduced the height and intensity of residential structures and single family development
standards. Zone Code Amendment (ZCA) 91-03 approved in October 1991, made two
major changes to the zoning ordinance and building height regulations. The first major
change was to re-establish the method for determining building height. In brief summary,
the old building height definition measured to the mid-point of a roof and based the point
of measurement on the adjacent grade five feet outside of the building walls. With this
definition, alteration of grades adjacent to the building and a steep roof pitch allowed the
legal construction of buildings which appeared to exceed the 35 foot height limit. The new
definition measures buildings to the peak and the point of measurement is taken from any
and all points around the building perimeter (not five feet out). The second major change
from ZCA 91-03 was a lowering of maximun single family/duplex building heights from 35
feet with unlimited stories to 30 feet and two stones.
After ZCA 91-03, another zone code amendment (ZCA 92-07) was approved in June of
1993 which established specific accessory structure regulations. Prior to ZCA 92-07,
residential accessory structures were only regulated by the lot's underlying zoning
designations's development standards; but in addition were allowed to be located within side
and rear yard setback areas. For example, a single family homeowner with a height limit
of 30 feet/2 stories used to be able to construct an accessory structure right up to the side
or rear property lines and up to the 30 foot height limit. In brief summary, ZCA 92-07
distinguished between habitable and non-habitable accessory structures. With ZCA 92-07,
only non-habitable accessory structures were allowed within a lot's required setback areas
and subject to additional development standards including: a one story/l4 foot height limit,
a maximum building area of 440 square feet and a minimum side and rear yard setback of
5 feet. As a result of ZCA 92-07, accessory structures (habitable or non-habitable) within
the buildable area of a lot (outside required setback areas) have the same development
standards as the main building on the lot.
This zone code amendment, ZCA 95-04, proposes to limit glJ accessory structures to the one
story/14 foot height limit; regardless of whether it is a habitable or non-habitable accessory
structure or whether a lot's buildable area or setback area is involved.
Included in the proposed zone code text changes is an amended definition for "accessory"
(modification of Section 21.04.020) for the purposes of more clearly defining and
ZCA 95-04/LCPA 95-12 - i-rCCESSORY !3TRUcmJRES HEIGriT LIMITATION
NOVEMBER 1,1995
distinguishing accessory structures from main dwelling units. In addition, the current
"accessory" definition refers to a "common wall" whereby if a common wall attaches an
accessory structure with a main dwelling unit, the accessory structure is considered part of
the main building and therefore no longer qualifies as accessory. However, no definition
currently exists for "common wall" so one is proposed with this project (addition of Section
21.04.098).
The purpose of modifying the "accessory" definition and adding a "common wall" definition
is to prevent a situation whereby an accessory structure is truly detached from the main
building but it is technically "attached" to the main building by a trellis type overhang, piece
of board'or wall that connects the two. By being considered the main building, the one
story height limitation for accessory structures could be exceeded via this loophole. The
proposed definition modifications will truly require the connection through the use of a
common wall to qualify a building area as a portion of the main dwelling unit. Conversely,
accessory structures will truly be detached from the main building without any attachments
to the main building to prevent exceeding the one story accessory structure height limit.
In considering this zone code amendment, the planning issues are as follows:
1. What are the pros and cons with regards to restricting all residential accessory
structures to a single story height limitation?
2. Would adoption and implementation of the proposed zone code amendment create
any conflicts with the City's Second Dwelling Unit Ordinance?
3. Will the proposed zone code amendment retain consistency with the City's Local
Coastal Program?
lv. ANALYSIS
Pro/Con Analvsis
Pros:
1. Accessory structures regardless of location on the property, would be limited to one
story in height consistent with the Council Resolution of Intent.
2. No conflicts will result with the City's second dwelling unit provisions (see Second
Dwelling Unit Ordinance discussion below).
3. Eliminates loophole potential via a technical "attachment" of the accessory structure
to the main structure since a common wall will now be defined and required for
attachment. Accessory structures will not involve a common wall with the main
dwelling unit.
4. Potential for incremental increase in privacy for adjacent property owners/occupants.
ZCA 95-04/LCPA 95-12 - ACCESSORY STRUCI'URES HEIL,~~ LIMITATION
NOVEMBER 1, 1995
5.
Cons:
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4.
It would limit or ameliorate the visual impacts to adjacent property Owners often
associated with two story structures.
The last four years has seen an increase in regulations which continually further
restrict single family/residential property owners: (1) a lowering of SF/duplex
building height limit; (2) a new and more restrictive manner of defining and
calculating building height; and (3) ZCA 92-07 approved on 6/15/93 and described
above in Project Description and Background, restricts accessory structures within
setback areas to single story, in addition with other development standards intended
to limit development intensity. This ZCA would implement additional regulations
imposed upon single family property owners for the development of the buildable
area of their lots.
Long term development patterns may create a situation whereby a restricted single
story accessory structure within the buildable portion of a lot may be replaced in the
future by a main dwelling unit structure (or a portion of the main structure) up to
30 feet/two stories in single family scenarios (assuming there is compliance with lot
coverage).
Potential for misinterpretation and/or abuse of the "common wall" definition may
exist.
The creation of non-conforming situations Citywide by making two-story accessory
structures non-conforming may create problems for private homeowners who wish
to sell their homes and must make appropriate disclosures regarding the extent and
nature of the non-conforming aspect of their property. The creation of non-
conforming situations will also impact the City's code enforcement efforts as well as
consistent zone code implementation.
Second Dwelling Unit Ordinance
The City's Second Dwelling Unit (SDU) Ordinance established provisions for allowing rental
affordable housing units to be located on existing single family lots subject to certain
conditions and development standards as outlined in Section 21.10.015 of the zone code.
One of the provisions states that detached SDUs shall have a one story height limitation
except when located over a garage. Therefore, an appropriate exemption to the accessory
structure single story height limitation is proposed to allow SDUs over garages located
within the buildable portion of a lot pursuant to Section 21.10.015(~)3(D). For example, in
the R-1 single family zone, the proposed exemption is contained in subsection
21.10.050(D)(i)(g) as contained in the zone code text attachment to Resolution No. 3830.
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ZCA 95-04/LCPA 95-12 - ACCESSORY STRUCRJRES HE~L~T LIMITATION
NOVEMBER 1, 1995
PAGE 5
Consistencv witb Local Coastal Program
Local Coastal Programs (LCPs) consist of a land use plan, zoning ordinances and other
implementing actions. Because the city's zoning code semes as the implementation plan for
the LCP directly, or through references in existing master plans or the Village Design
Manual, the proposed zone code amendment is also an amendment to all six segments of
the Carlsbad Local Coastal Program. Therefore, approval of the zone code amendment by
the City and the California Coastal Commission will result in consistency between the zoning
code and the implementation plan for the LCP. Should the proposed zone code
amendment be approved by the City Council, City staff will submit a Local Coastal Program
Amendment application to the California Coastal Commission.
A six week public comment period was provided for the proposed Local Coastal Program
Amendment beginning on September 7, 1995 and ending on October 19, 1995. A copy of
the notice was also mailed to the interested parties list maintained by the City for LCP
amendment actions. No written comments were received.
V. ENVIRONMENTAL REVIEW
The Planning Director has determined that the environmental impacts associated with the
proposed accessory structure regulations have already been addressed in the environmental
review for accessory structure regulations as covered in ZCA 92-07 approved on June 15,
1993. The regulations proposed with this zone code amendment are refinements of the
accessory structure provisions and development standards implemented by ZCA 92-07.
Therefore, this project and related environmental review has been found to be in prior
compliance with ZCA 92-07. No environmental impacts will result from the approval and
implementation of ZCA 95-04. A Notice of Prior Compliance was issued on April 28,1995
with a 30 day public review and comment period. No comments were received during the
public comment period.
VI. SUMMARY
The proposed zone code amendment would implement the intent and purpose of ROI 95-84
as approved by the City Council in April 1995 to consider placing a one story height
limitation on accessory structures Citywide. While there are distinct pros and cons with
regards to adopting the proposed regulations, they would implement Council direction and
therefore staff recommends approval of ZCA 95-04.
ATTACHMENTS
1.
2.
3.
4.
Planning Commission Resolution No. 3830
Planning Commission Resolution No. 3831
City Council Agenda Bill, "Accessory Structures Resolution of Intension'' dated
April 4, 1995, and City Council Resolution of Intention No. 95-84.
Exhibit "Z," redlinehtrike-out version of ordinance changes, dated November 1,1995.
EM:kc October 12.1995
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ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING VARIOUS SECTIONS OF
VARIOUS CHAPTERS OF TITLE 21 OF THE CARLSBAD
MUNICIPAL CODE TO RESTRICT ALL RESIDENTIAL
LIMIT.
CASE NAME ACCESSORY STRUWRES HEIGHT LIMITATION
ACCESSORY STRUC"RES TO A ONE-STORY/l$ FOOT HEIGHT
CASE NO: ZCA 95-04
The City Council of the City of Carlsbad, California, does ordain as follows:
SECTION 1: That Title 21, Chapter 21.04 Section 21.04.098 of the Carlsbad
Municipal Code is amended to read as follows:
"21.04.020. Accessoy.
"Accessory" means a building, part of a building or structure, or use which
is subordinate to and the use of which is incidental to that of the main building, structure
3r use on the same lot. If an accessory building is attached to the main building by a
mmmon wall such building &&E is considered a part of the main building &
SECI'ION 2: That Title 21, Chapter 21.04 Section 21.04.098 of the Carlsbad
Municipal Code is added to read as follows:
SECIION 3: That Title 21, Chapter 21.08, Section 21.08.050 of the
Carlsbad Municipal Code is amended to read as follows:
"2 1.080.050( 1) (D) .
(D)(i) AU accessory structures shall comply with the following development
standards:
(a) The lot coverage shall include accessory structures in the lot
average calculations for the lot; @) The distance between buildings used for human habitation and
accessory buildings shall be not less than 10 feet;
(c) When proposed on a lot adjoining native vegetation, accessory
structures within a fire suppression zone must be reviewed and approved by the Fire
Denartment: - -r ---
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(ii) - . * , Habitable detached accessory structures shall comply
with all requirements of the zone applicable to placement of a dwelling unit on a lot
including setbacks.
(iii) 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
following additional development standa
(a) The maximum allowable building area per structure shall not
exceed a building coverage of 440 square feet;
The following setbacks shall apply: A front yard setback
of 5 feet, a side yard setback of 5 feet, and an alley setback
The maximum plumbing drain size shall be 1 1/2 inch
(iv) The provisions of this section are applicable notwithstanding the
of 20 feet, a rear yard
of 5 feet;
in diameter so as to prohibit toilets, showers, bathtubs and other similar fixtures;
permit requirements contained in Section 18.04.015 of this code."
SECTION 4: That Title 21, Chapter 21.08, Section 21.08.050of the Carlsbad
Municipal Code is amended to read as follows:
"21 .OSO.O50(2~(D~.
(D)(i) All accessory structures shall comply with the following development
standards:
(a) The lot coverage shall include accessory structures in the lot
coverage calculations for the lot;
(b) The distance between buildings used for human habitation and
accessoly buildings shall be not less than 10 feet;
(c) When proposed on a lot adjoining native vegetation, accessory
structures within a fire suppression zone must be reviewed and approved by the Fire
DeDartment:
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,...........,..... ................................. (ii) - ' , Habitable detached accessory structures shall comply
with all requirements of the zone applicable to placement of a dwelling unit on a lot
including setbacks.
(iii) 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
(a) The maximum allowable building area per structure shall not mw
exceed a building coverage of 440 square feet;
@j@$ The following setbacks shall apply: A front yard setback
of 20 feet, a rear yard setback of 5 feet, a side yard setback of 5 feet, and an alley setback
of 5 feet;
The maximum plumbing drain size shall be 1 1/2 inch
in diameter so as to prohibit toilets, showers, bathtubs and other similar fixtures;
(iv) The provisions of this section are applicable notwithstanding the permit requirements contained in Section 18.04.015 of this code."
SECT'ION 5: That Title 21, Chapter 21.10, Section 21.10.050 of the
Carlsbad Municipal Code is amended to read as follows:
"21.10.050(1~
(D) (i) All accessory structures shall comply with the following
development standards:
(a) The lot merage shall include accessory structures in the lot
coverage calculations for the lot;
(b) The distance between buildings used for human habitation and
accessory buildings shall be not less than 10 feet;
(c) When proposed on a lot adjoining native vegetation, accessory
structures within a fire suppression zone must be reviewed and approved by the Fire
Department;
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(5) - * ' , Habitable detached accessory structures shall comply with all requirements of the zone applicable to placement of a dwelling unit on a lot
including setbacks.
(5) 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 .
(a) The maximum allowable building area per structure shall not
exceed a building coverage of 440 square feet;
The following setbacks shall apply: A front yard setback
of 20 feet, a rear yard setback of 5 feet, a side yard setback of 5 feet, and an alley setback
of 5 feet;
The maximum plumbing drain size shall be 1 lf2 inch
in diameter so as to prohibit toilets, showers, bathtubs and other similar fixtures;
(iv) The provisions of this section are applicable notwithstanding the
permit requirements contained in Section 18.04.015 of this code."
(e+@)
SECllON 6: That Title 21, Chapter 21.10, Section 21.10.050 of the
Carlsbad Municipal Code is amended to read as follows:
"21.10.050(2MD~.
(D)(i) All accessory structures shall comply with the following
development standards:
(a) The lot coverage shall include accessory structures in the lot
coverage calculations for the lot;
(b) The distance between buildings used for human habitation and
accessory buildings shall be not less than 10 feet;
(c) When proposed on a lot adjoining native vegetation, accessory
structures within a fire suppression zone must be reviewed and approved by the Fire
Department;
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including setbacks.
(iii) 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 w&
exceed a building coverage of 440 square feet;
(a) The maximum allowable building area per structure shall not
o#$i The following setbacks shall apply: A front yard setback
of 20 feet, a rear yard setback of 5 feet, a side yard setback of 5 feet, and an alley setback
of 5 feet;
The maximum plumbing drain size shall be 1 1/2 inch
in diameter so as to prohibit toilets, showers, bathtubs and other similar fixtures;
(iv) The provisions of this section are applicable notwithstanding the
permit requirements contained in Section 18.04.015 of this code."
(ejfh]
SECTION 7 That Title 21, Chapter 21.12, Section 21.12.050 of the
Carlsbad Municipal Code is amended to read as follows:
"21.12.050 (1MDL
(D)(i) All accessory structures shall comply with the following
development standards:
(a) The lot coverage shall include accessory structures in the lot
coverage calculations for the lot;
(b)The distance between buildings used for human habitation and
accessory buildings shall be not less than 10 feet;
(c) When proposed on a lot adjoining native vegetation, accessory
structures within a fire suppression zone must be reviewed and approved by the Fire
Department;
(ii) h+ad&m- * * , Habitable detached accessory structures shall comply
with all requirements of the zone applicable to placement of a dwelling unit on a lot
including setbacks.
(iii) Detached accessory structures, which are not dwelling units and
contain no habitable space, including but not limited to garages, workshops, tool sheds,
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decks over 30 inches above grade, and freestanding patio covers shall comply with the
g additional development standards
(a) The maximum allowable building area per structure shall not
exceed a building coverage of 440 square feet;
pply: A front yard setback
of 5 feet, a side yard setback of 5 feet, and an alley setback
The maximum plumbing drain size shall be 1 1/2 inch
(iv) The provisions of this section are applicable notwithstanding the
of 20 feet, a rear yard
of 5 feet;
in diameter so as to prohibit toilets, showers, bathtubs and other similar fixtures;
permit requirements contained in Section 18.04.015 of this code."
SECTION 8: That Title 21, Chapter 21.12, Section 21.12.050 of the
Carlsbad Municipal Code is amended to read as follows:
"21.12.050f2MD).
(D)(i) All accessory structures shall comply with the following
development standards
(a) The lot coverage shall include accessory structures in the lot
coverage calculations for the lot;
(b) The distance between buildings used for human habitation and
accessory buildings shall be not less than 10 feet;
(c) When proposed on a lot adjoining native vegetation, accessory
structures within a fire suppression zone must be reviewed and approved by the Fire
Department;
with all requirements of the zone applicable to placement of a dwelling unit on a lot
including setbacks.
(iii) 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 th
following additional development standards ai ..... ................................................... a@& ...... ..y.....< ....... <.x.
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(a) The maximum allowable building area per structure shall not
exceed a building coverage of 440 square feet;
o&J The following setbacks shall apply: A front yard setback
of 20 feet, a rear yard setback of 5 feet, a side yard setback of 5 feet, and an alley setback
of 5 feet;
The maximum plumbing drain sue shall be 1 1/2 inch
in diameter so as to prohibit toilets, showers, bathtubs and other similar fixtures;
(iv) The provisions of this section are applicable notwithstanding the
permit requirements contained in Section 18.04.015 of this code."
SECTION 9: That Title 21, Chapter 21.16, Section 21.16.050 of the
Carlsbad Municipal Code is amended to read as follows:
"2 1.16.050( 1MDh
(D)(i) All accessory structures shall comply with the following
development standards:
(a) The lot coverage shall include accessory structures in the lot
coverage calculations for the lot;
(b) The distance between buildings used for human habitation and
accessory buildings shall be not less than 10 feet;
(c) When proposed on a lot adjoining native vegetation, accessory
structures within a fire suppression zone must be reviewed and approved by the Fire
Department;
(ii) - * * , Habitable detached accessory structures shall comply
with all requirements of the zone applicable to placement of a dwelling unit on a lot
including setbacks.
(iii) 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
following additional development standa
,...,..I.. ......~....,.... *:q (a) The maximum allowable building area per structure shall not - exceed a building cover&e of 440 square feet;
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The following setbacks shall apply: A front yard setback
)f 20 feet, a rear yard setback of 5 feet, a side yard setback of 5 feet, and an alley setback
)f 5 feet;
The maximum plumbing drain size shall be 1 1/2 inch n diameter so as to prohibit toilets, showers, bathtubs and other similar fixtures;
(iv) The provisions of this section are applicable notwithstanding the
xrmit requirements contained in Section 18.04.015 of this code."
SECI'ION 10: That Title 21, Chapter 21.16, Section 21.16.050 of the
Zarlsbad Municipal Code is amended to read as follows:
"21.16.050(2MD~.
(D)(i) All accessory structures shall comply with the following
jevelopment standards:
(a) The lot coverage shall include accessory structures in the lot
mverage calculations for the lot;
@) The distance between buildings used for human habitation and
accessory buildings shall be not less than 10 feet; (c) When proposed on a lot adjoining native vegetation, accessory
itructures within a fire suppression zone must be reviewed and approved by the Fire
DeDartment:
(ii) h&I&en- ' * , Habitable detached accessory structures shall comply
Kith all requirements of the zone applicable to placement of a dwelling unit on a lot
lncluding setbacks.
(iii) Detached accessory structures, which are not dwelling units and
mntain no habitable space, including but not limited to garages, workshops, tool sheds,
iecks over 30 inches above grade. and freestanding patio covers shall comply with the
:-&
(ii) h&I&en- ' * , Habitable detached accessory structures shall comply
Kith all requirements of the zone applicable to placement of a dwelling unit on a lot
including setbacks.
(iii) Detached accessory structures, which are not dwelling units and
mntain no habitable space, including but not limited to garages, workshops, tool sheds,
iecks over 30 inches above grade. and freestanding patio covers shall comply with the
...........................................
~ ~~~~ ~
Following additional developkent standards "" . . . . . . . . . . . . . . . 'mq (a) The maximum allowable building area per structure shall not
2xceed a building coverage of 440 square feet;
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wj The following setbacks shall apply: A fiont yard setback
of 20 feet, a rear yard setback'of 5 feet, a side yard setback of 5 feet, and an alley setback
of 5 feet;
The maximum plumbing drain size shall be 1 1/2 inch in diameter so as to prohibit.toilets, showers, bathtubs and other similar fixtures;
(iv) The provisions of this section are applicable notwithstanding the permit requirements contained in Section 18.04.015 of this code."
SECI'ION 11: That Title 21, Chapter 21.18, Section 21.18.050 of the
Carlsbad Municipal Code is amended to read as follows:
"21.18.050 t7MC).
(C)(i) AU accessory structures shall comply with the following
development standards:
(a) The lot coverage shall include accessory structures in the lot
coverage calculations for the lot;
(b) The distance between buildings used for human habitation and accessory buildings shall be not less than 10 feet;
(c) When proposed on a lot adjoining native vegetation, accessory
structures within a fire suppression zone must be reviewed and approved by the Fire
Department;
(ii) hd&en- * , Habitable detached accessory structures shall comply
with all requirements of the zone applicable to placement of a dwelling unit on a lot
including setbacks. (iii) 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
mmm
(ii) hd&en- * , Habitable detached accessory structures shall comply
with all requirements of the zone applicable to placement of a dwelling unit on a lot
including setbacks. (iii) 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 developkent standards
.................. (a) The maximum allowable building area per structure shall not
exceed a building coverage of 440 square feet;
The following setbacks shall apply: A front yard setback
of 20 feet, a rear yard setback of 5 feet, a side yard setback of 5 feet, and an alley setback
of 5 feet;
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(ej@&,, The maximum plumbing drain size shall be 1 1/2 inch
(iv) The provisions of this section are applicable notwithstanding the
in diameter so as to prohibit toilets, showers, bathtubs and other similar fixtures;
permit requirements contained in Section 18.04.015 of this code."
SECTION 12 That Title 21, Chapter 21.20, Section 21.20.080 of the
Carlsbad Municipal Code is amended to read as follows:
"21.20.080. Accessorv Structures. (1) All accessory structures shall comply with the following
development standards:
(a) The lot coverage shall include accessory structures in the lot
coverage calculations for the lot;
(b) The distance between buildings used for human habitation and
accessory buildings shall be not less than 10 feet;
(c) When proposed on a lot adjoining native vegetation, accessory
structures within a fire suppression zone must be reviewed and approved by the Fire
Department;
(ii) h-ad&a+ . * , Habitable detached accessory structures shall comply
with all requirements of the zone applicable to placement of a dwelling unit on a lot
including setbacks.
(iii) 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 -- ng additional development standards
(a) The maximum allowable building area per structure shall not
exceed a building coverage of 440 square feet;
? mmapply : A front yard setback
of 20 feet, a rear yard setback of 5 feet, a side yard setback of 5 feet, and an alley setback of 5 feet;
The maximum plumbing drain size shall be 1 1/2 inch
in diameter so as to prohibit toilets, showers, bathtubs and other similar fixtures;
(iv) The provisions of this section are applicable notwithstanding the
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permit requirements contained in Section 18.04.015 of this code."
SECTION 13: That Title 21, Chapter 21.22, Section 21.22.060 of the
Carlsbad Municipal Code is amended to read as follows:
"21.22.060. Accessory Structures.
(1) All accessory structures shall comply with the following
development standards:
(a) The lot coverage shall include accessory structures in the lot
coverage calculations for the lot;
(b) The distance between buildings used for human habitation and
accessory buildings shall be not less than 10 feet;
(c) When proposed on a lot adjoining native vegetation, accessory
structures within a fire suppression zone must be reviewed and approved by the Fire
Department;
.......................... (ii) - , Habitable detached accessory structures shall comply
with all requirements of the zone applicable to placement of a dwelling unit on a lot
including setbacks.
(iii) 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
............................ ........................... ........................... ...... .:.: -3 .. ...
with all requiremehti
h-a&€&& Habitable detached accessory structures shall comply
of the zone applicable to placement of a dwelling unit on a lot
including setbacks.
(iii) 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
ng additional development standards mag ..........,..A .......... (a) The maximum allowable building area per structure shall not
exceed a building coverage of 440 square feet;
The following setbacks shall apply: A front yard setback
of 20 feet, a rear yard setback'of 5 feet, a side yard setback of 5 feet, and an alley setback
of 5 feet;
The maximum plumbing drain size shall be 1 1/2 inch
in diameter so as to prohibit toilets, showers, bathtubs and other similar fixtures;
(iv) The provisions of this section are applicable notwithstanding the
permit requirements contained in Section 18.04.015 of this code."
(ej@
SECTION 14: That Title 21, Chapter 21.24, Section 21.24.090 of the Carlsbad
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Municipal Code is amended to read as follows:
"21.24.090. Accesso~y Structures. (1) All accessory structures shall comply with the following
development standards:
(a) The lot coverage shall include accessory structures in the lot
coverage calculations for the lot;
(b) The distance between buildings used for human habitation and
accessory buildings shall be not less than 10 feet;
(c) When proposed on a lot adjoining native vegetation, accessory structures within a fire suppression zone must be reviewed and approved by the Fire
Department;
(ii) h-a&&m- ' ' , Habitable detached accessory structures shall comply
with all requirements of the zone applicable to placement of a dwelling unit on a lot
including setbacks.
(iii) 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 comDlv with the
ng additional developGent standards
(a) The maximum allowable building area per structure shall not
exceed a building coverage of 440 square feet;
-1 The following setbacks shall apply: A front yard setback Bf 20 feet, a rear yard setback of 5 feet, a side yard setback of 5 feet, and an alley setback
Bf 5 feet;
(e$fiJ The maximum plumbing drain size shall be 1 1/2 inch
n diameter so as to prohibit toilets, showers, bathtubs and other similar fixtures;
(iv) The provisions of this section are applicable notwithstanding the mmit requirements contained in Section 18.04.015 of this code."
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EFFECTlVE DATE: This ordinance shall be effective thirty days after its
adoption and hnal approval by the California Coastal Commission, and the city clerk shall
certify to the adoption of this ordinance and cause it to be published at least once in a
newspaper of general circulation within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad
City Council on the day of 1995, and thereafter
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Carlsbad on the day of , 1995, by the following vote, to wit:
AYES:
NOES:
ABSENT:
APPROVED AS TO FORM AND LEGALITY
RONALD R. BALL, City Attorney
CLAUDE A. LEWIS, Mayor
ATTEST
ALETI3.A L. RAUTENKRANZ, City Clerk II
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