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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: 1. 2. 3. 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. - I 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 --- 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (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: 2 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 ,...........,..... ................................. (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; 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (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; 4 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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, 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. ;.:.:.<:$*:<w<< 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (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; 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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; a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 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; 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 (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 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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." ... ... 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 13