HomeMy WebLinkAbout1994-04-06; Planning Commission; Resolution 35430 0
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PLANNING COMMISSION RESOLUTION NO. 3543
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A ZONE CODE AMENDMENT, AMENDING
VARIOUS CHAPTERS OF TITLE 21, OF THE CARLSBAD
MUNICIPAL CODE, TO MODIFY THE DEVELOPMENT
STANDARDS AND PROCESSING REQUIREMENTS FOR
SECOND DWELLING UNITS IN THE RESIDENTIAL ZONES OF
THE CITY.
CASE NAME: SECOND DWELLING UNIT ZONE CODE
CASE NO: ZCA 92-04
AMENDMENT
WHEREAS, the Planning Commission did on the 2nd day of March, 1994, and
on the 6th day of April, 1994, hold a duly noticed public hearing as prescribed by law to
11 consider said request; and
12 WHEREAS, at said public hearing, upon hearing and considering all testimonj
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and arguments, if any, of all persons desiring to be heard, said Commission considered all
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factors relating to the Zone Code Amendment.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission
as follows:
A) That the foregoing recitations are true and correct.
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B) That based on the evidence presented at the public hearing, the Commissior
recommends APPROVAL of ZCA 92-04, according to Exhibit T', dated Apri:
6, 1994, attached hereto and made a part hereof, based on the following
findings:
FindiIlES:
1. This Zone Code Amendment implements Housing Ezement Prograrn 3.7.b.
2. This Zone Code Amendment, to n~odifv the development standards and processin1
requirements for second dwelling units, is consistent with the various elements o
the General Plan.
3. lhis Zone Code Amendment implements State Government Code Section 65852.2
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Plannin,
Commission of the City of Carlsbad, California, held on the 6th day of April, 1994, by th
following vote, to wit:
AYES: Chairperson Savary, Commissioners: Schlehuber; Noble
Welshons & Hall.
NOES: Commissioners: Betz & Erwin.
ABSENT: None.
ABSTAIN: None.
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
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, PC RES0 NO. 3543 -2-
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ORDINANCE NO.
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD MUNICIPAL CODE BY AMENDING VARIOUS
CARLSBAD, CALIFORNIA, AMENDING TITLE 21 OF THE
CHAPTERS AND SECTIONS TO: (1) ADD A DEFINITION FOR SECOND DWELLING UNIT, (2) ALLOW THE DEVELOPMENT OF SECOND DWELLING UNITS THROUGH
R-3, R-P, R-T, R-W, AND RD-M ZONES AND AREAS
DETACHED DWELLINGS IN THE P-C ZONES OF THE CITY,
OF SECOND DWELLING UNITS IN THE R-A, R-E, R-1, R-
DESIGNATED BY A MASTER PLAN FOR SINGLE-FAMILY
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ADMINISTRATIVE PERMIT IN THE R-A, R-E, R-1, R-2,
DESIGNATED BY A MASTER PLAN FOR SINGLE-FAMILY
6 AND (3) AMEND THE REQUIREMENTS FOR THE CREATION
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2, R-3, R-P, R-T, R-W 'AND RD-M ZONES AND AREAS
DETACHED DWELLINGS IN THE P-C ZONES OF THE CITY. CASE NAME: SECOND DWELLING UNIT ZONE CODE
CASE NO: ZCA 92-04
9 AMENDMENT
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WHEREAS, any local agency may, by ordinance, provide for the
creation of second units in single-family and multi-family
residential zones consistent with the provisions of California
Government Code Section 65852.2;
WHEREAS, it is a program of the Housing Element of the
City's General Plan to examine the existing Second Dwelling Unit
Section of the City's Municipal Code to explore means of better
Irj ;: 1 ncouraging and facilitating the development of this alternative
nd affordable housing type.
19 The City Council of the City of Carlsbad, California,
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25 Second dwelling unit means a residential dwelling unit which is attached or detached from the primary dwelling unit on a lot,
26 and which provides complete independent living facilities for one or more persons. It shall include permanent provisions for
27 living, sleeping, eating, cooking, and sanitation on the same barcel as the single-family or "prirnary1l dwelling is situated.'I
does ordain as follows:
SECTION 1: That Title 21, Chapter 21.04 of the Carlsbad
Municipal Code is amended by the addition of Section 21.04.303 to
read as follows:
1121.04.303 Second Dwellina Unit.
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1 SECTION 2: That Title 21, Chapter 21.42, Section
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21.42.010 (11) of the Carlsbad Municipal Code, containing the
read as follows: * Municipal Code is amended by the addition of Section 21.10.015 to 7
SECTION 3 : That Title 21, Chapter 21.10 of the Carlsbad 6
of this Chapter are renumbered accordingly. 5
Conditional Use Permit is hereby repealed and subsequent Sections * requirements for creation of second dwelling units through
9 lv21.10.015. Second Dwellins Unit bv Administrative Permit. (a) The public good is served when there exists in a city, 10 housing which is appropriate for the needs of and affordable to
other needs, there is in Carlsbad a need for affordable rental 11 all members of the public who reside within that city. Among
housing. Therefore, it is in the public interest for the City to 12 promote a range of housing alternatives in order to meet the affordable rental housing needs of its citizens. This section is 13 intended to provide a rental housing alternative by establishing
14 a procedure to create new second dwelling units. (b) The provisions of this Section shall apply to single family zones R-A, R-E, and R-1, areas designated by a master plan 15 for single-family detached dwellings in P-C zones and lots within multi-family zones R-2, R-3, R-P, R-T, R-W, and RD-M, which are 16 developed with single-family residences. (c) Second Dwelling Units: Second dwelling units require an 17 administrative permit. Application submittal and review shall include the following requirements: 18 ' (1) Application submittal for anadministrative permit: lThe completed application for an administrative permit shall 19 include the following information: (A) The name(s) of the owner (s) ; 20 I (B) The address of the dwelling units;
~ (C) The assessor's parcel number; 21 (D) A general floor plan of the second dwelling
22 unit; (E) A scaled drawing showing the lot dimension, the location of the primary and second dwelling unit, location of 23 all vehicular parking, and the total square footage of both units:
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(F) The consent of the applicant~to the physical inspection of the premises prior to the issuance of the administrative permit; (G) Description and location of water and sanitary (sewer) services ;
(H) An applicant signed declaration that the application for the second dwellins unit is not in conflict with existing conditions, covenants, - and restrictions (CC&RIs) applicable to the title'of the subject property; and
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(I) Any other information required by the Planning ector for a proper review of the application.
(2) Administrative permit procedures: The inistrative permit for a second dwelling unit shall be ocessed as follows: (A) An applicant requesting an administrative rmit for a second dwelling unit shall so indicate at the time
application is filed. (B) Upon acceptance of a complete application and ent of the required fees for a second dwelling unit, the anning Director shall give written notice by mail or personal very to all property owners within three hundred feet of the bject property, as shown on the latest equalized assessment ole, at least fifteen days prior to a decision on an application.
(C) Any person so notified may file written bjections or a written request to be heard within ten days after e mailing or personal delivery of the notice. If a written est to be heard is filed, the Planning Director shall schedule aring and provide written notice to the applicant and the
st at least five days prior to the hearing. The hearing is
(D) Notice of the Planning Director's decision on administrative application for a second dwelling unit shall be
d to the applicant within five days of the date of the cision. If a hearing is held, he shall render his decision n ten days of the conclusion of the hearing.
(E) The Planning Director shall announce his ion and findings by letter to the applicant and the letter among other things, the facts and reasons which in f the Planning Director make the granting or denial the administrative permit necessary to carry out the provisions rpose of this title and whether the administrative ted or denied. It shall also notice such conditions ns as the Planning Director may impose on the anting of a permit. The letter shall be sent to any person who
ted or appeared at the hearing. (F) Approval by the Planning Director of an strative permit for a second dwelling unit shall be given
(G) Any decision of the Planning Director pursuant this Section may be appealed by any pers'on to the Planning sion in accordance with Section 21.54.140 of this Code. (H) Amendments to administrative permits for econd dwelling units may be considered on the same criteria and e procedures as original applications pursuant to
(3) Review of an administrative permit: In order to rant an administrative permit for a second dwelling unit, the llowing requirements must be met: (A) The owner of the property must continually cupy either the main dwelling unit or the second dwelling unit. or purposes of this subsection, Itownerg' shall include a lessee if e leasehold includes both the main dwelling and the second
wellincr unit.
t a public hearing and may be informal.
ly if the requirements of subsection (c)(3) are satisfied.
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1 (B) The second dwelling unit shall either be attached to the main dwelling unit and located within the 2 habitable area of the main dwelling unit or detached from the main
to the zone, which are not addressed within this subsection. 5
setback, lot coverage, and other development standards applicable 4 (C) The second dwelling unit must meet the :nit. 3 welling unit and located on the same lot as the main dwelling
(D) Attached second dwelling units shall conform o the height limits applicable to the zone and detached second 6 :welling units shall be limited to one story, except that second welling units constructed above existing garages shall be 7 pdermitted, and shall conform to the height limits applicable to
8 the 'One* (E) Garage conversions are prohibited unless replacement off-street garage parking is provided concurrently and 9 in compliance with the requirements of Chapter 21.44 of this
10 title. (F) Second dwelling units shall not be permitted
n a lot or parcel having guest or accessory living quarters, or XI z residential care facility. Existing guest or accessory living arters may be converted into a second dwelling unit provided
12 %at all zoning and structural requirements are met.
(G) One additional paved off-street (covered or 13 uncovered) parking space shall be provided for the second dwelling unit and shall comply with the requirements of Chapter 21.44 of 14 this title. The additional parking space may be provided through tandem parking (provided that the garage is setback a minimum of 15 twenty feet from the property line) or in the front yard setback. (H) Adequate water and sewer capacity and 16 facilities for the second dwelling unit must be available or made available. 17 (I) All necessary public facilities and services nust be available or made available. 18 (J) The second unit may be rented and shall not be sold separately from the main dwelling unit unless the lot on 19,which such units are located are subdivided. The lot upon which the second unit is located shall not be subdivided unless each lot 20 which would be created by the subdivision will comply with the requirements of this title and Title 20; and further provided, 21 that all structures existing on each proposed lot will comply with the development standards applicable to each lot.
or detached second unit shall not exceed 640 square feet. 23 (L) The second dwelling unit shall be architecturally compatible with the main dwelling unit, in terms 24 of appearance, materials, and finished quality, and on sides adjacent to streets, the appearance of a single family dwelling 25 shall be retained. (M) A second dwelling unit which conforms to the 26 requirements of this section shall be allowed to exceed the permitted density for the lot upon which it is located and shall 27 be deemed to be a residential use consistent with the density requirements of the General Plan and the zoning designation for 28 the lot.
22 (K) The total area of floor space for an attached
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(N) The size of the lot upon which a second dwelling unit is proposed shall not be less than the minimum lot size required of the zone.
(0) The Planning Director shall not approve the administrative permit unless he finds that the second dwelling unit will not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which the property is located. (P) The maximum monthly rental rate for a second dwelling unit shall be affordable to low income households. The monthly rent shall not exceed an amount equal to 30 percent of the
gross monthly income of a low-income household, adjusted for household size, at 80 percent of the San Diego County median
income.
(Q) The second dwelling unit shall have a separate entrance.
SECTION 4: That Title 21, Chapter 21.08 of the Carlsbad
Municipal Code is amended by the addition of Section 21.08.015 to
read as follows:
1821.08.015. Second Dwellina Unit bv Administrative Permit.
Second dwelling units may be permitted by an administrative permit issued according to the provisions of Section 21.010.015 of this Title. The development standards of this zone shall apply."
SECTION 5: That Title 21, Chapter 21.09 of the Carlsbad
Municipal Code is amended by the addition of Section 21.09.025 to
read as follows:
"21.09.025. Second Dwellina Unit bv Administrative Permit. Second dwelling units may be permitted by an administrative permit issued according to the provisions of Section 21.010.015 of this Title. The development standards of this zone shall apply."
SECTION 6: That Title 21, Chapter 21.38 of the Carlsbad
Municipal Code is amended by the addition of Section 21.38.025 to
read as follows:
1121.38.025. Second Dwellina Unit by Administrative Permit. Second dwelling units may be permitted by an administrative permit issued according tothe provisions of Section 21.010.015 of this Title in areas designated by a master plan for single-family
detached dwellings. For second dwelling units proposed on standard lots (minimum 7500 sq. ft. in area) which are developed with detached single family residences, the development standards
of Chapter 21.10 shall apply. For second dwelling units proposed
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on substandard lots (less than 7500 sq.ft. in area) which are
1 developed with detached single family residences, the development standards of Chapter 21.45 shall apply.
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" 3 I/ SECTION 7: That Title 21, Chapter 21.12 of the Carlsbad
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Municipal Code is amended by the addition of Section 21.12.015 to
read as follows:
5 n21.12.015. Second Dwellins Unit by Administrative Permit.
6 Second dwelling units may be permitted by an administrative
permit issued according to the provisions of Section 21.010.015 of
7 this Title on lots which are developed with detached single-family residences. The development standards of this zone shall apply. I#
8 SECTION 8: That Title 21, Chapter 21.16 of the Carlsbad
Municipal Code is amended by the addition of Section 21.16.017 to
read as follows:
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17 IJ. "21*16-017- Second Dwellina Unit by Administrative Permit. Second dwelling units may be permitted by an administrative l2 Permit issued according to the provisions of Section 21.010.015 of
13 this Title on lots which are developed with detached single-family
residences* The development standards of this zone shall app1y.11
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14 11 SECTION 9: That Title 21, Chapter 21.45, Section
I.5 // 21.45.090 of the Carlsbad Municipal Code is amended bv the
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addition of Subsection 21.45.090(p) to read as follows:
"(p) Second dwelling units may be permitted on
lots which are developed with detached single family residences according to the provisions of Section 21.010.015(c), and subject
to the following additional requirements:
(1) All second dwelling units within a single
family residential planned unit development shall be required to either be approved as part of the planned unit development application or through an amendment to the planned unit development application.
(2) All second dwelling units shall comply
with the development standards of this chapter with the following exception: (i) Second dwelling units shall be
setback the same distance from the front and side property lines as the primary dwelling unit on the lot. (ii) Second dwelling units shall be
setback a minimum of ten feet from the rear property line.
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1 I/ (iii) Second dwellins units shall not be
2 I/ permitted to be located within any portion of the lot which is counted towards satisfying recreation requirements for the primary
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4 dwelling unit shall be not less than ten feet.
residence. (iv) For detached second dwelling units, the distance between the primary dwelling unit and the second
5 SECTION 10: That Title 21, Chapter 21.44, Section
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amendment of Subsection (1) and (2) to read as follows: 7
21.44.020 (a) of the Carlsbad Municipal Code is amended by the
8 IIResidential.
(1) Standard-Single Family, R-1, R-A, E-A and RE zones.
One additional paved off-street (covered or 10 uncovered) parking space shall be provided for a second dwelling unit and shall comply with the requirements of this Chapter. The 11 additional parking space may be provided through tandem parking (provided that the garage is setback a minimum of twenty feet from 12 the property line) or the front yard setback."
(2) Planned Unit Developments and Condominiums --- Two 13 standard covered parking spaces. Exception: studio --- 1.5 spaces/unit, one covered/unit and second dwelling unit --- 1 14 space/second unit, covered or uncovered. The parking space for a second dwelling unit may be provided through tandem parking 15 (provided that the covered parking spaces for the primary dwelling unit are located within a two-car garage and the garage is setback 16 a minimum of twenty feet from the property line) or in the front yard setback. In addition, parking areas for guest parking must 17 be provided as follows: 0.5 spaces for each unit up through ten units, 0.3 spaces for each unit in excess of ten units. Credit 18 for visitor parking may be given for frontage on local streets that meet public street standards for detached single-family 19 residential projects subject to the approval of the planning commission; not less than twenty-four lineal feet per space 20 exclusive of driveway entrances and driveway aprons shall be provided for each parking space, except where parallel parking 21 spaces are located immediately adjacent to driveway aprons, then twenty lineal feet may be provided.Il 22
9 Two car garage with the following exceptions:
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SECTION 11: That Title 21, Chapter 21.44, Section
21.44.050 of the Carlsbad Municipal Code is amended by the
amendment of Subsection (a)(1) to read as follows:
"(a) The following general requirements shall apply to all parking spaces and areas:
(1) Size and Access. Each off-street parking space shall have an area of not less than one hundred seventy square
feet exclusive of drives or aisles and a width of not less than eight and one-half feet. Subject to the approval of the Planning
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Aisles to and from parking stalls shall not be less than: 2 Each space shall be provided with adequate ingress and egress. Director, up to a two-and-one-half foot overhang may be permitted.
8 required for one and two-family dwelling units.
backwards. This provision shall not apply to off-street parking 7 reach another aisle and that a car need,not enter a street that a car entering the parking area need not enter a street to 6 Circulation within a parking area must be such parking. 5 (C) Twenty-four feet wide for ninety degree parking. * (B) Twenty-four feet wide for ninety degree degree parking: 3 (A) Fourteen feet wide for thirty and forty-five
When the required parking space for one- family, two-family or multiple-family structure in any residential 9 zone is not to be provided in a covered garage, each such required car space shall be not less than two hundred square feet in area 10 and shall be so located and/or constructed that it may later be covered by a garage structure in accordance with the provisions of 11 this title, with the following exception: second dwelling unit.I*
12 SECTION 12: That Title 21, Chapter 21.08, Section
13 11 21.08.100 of the Carlsbad Municipal Code is amended by the
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mendment of paragraph (1) to read as follows:
dwelling unit, with the following exceptions: 17
architecturally integrated with and has an exterior similar to the l6 with a minimum dimension of 20 feet square which is "(1) Each dwelling unit shall have a two-car garage,
One additional paved off-street (covered or uncovered)
parking space shall be provided for a second dwelling unit and l8 shall comply with the requirements of Chapter 21.44 of this title. The additional Parking Space may be provided through tandem I' 1 Parking (provided that the garage is setback a minimum of twenty /feet from the property line) or in the front yard setback.lf
21 2o I SECTION 13 : That Title 21, Chapter 21.09 of the
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Carlsbad Municipal Code is amended by the amendment of Section
21.09.140 to read as follows:
1f21.09.140. Parkina. Notwithstanding parking requirements of Chapter 21.44, not fewer than two off-street parking spaces shall be provided for each residence. The required two spaces shall be covered by a garage or carport, and the driveway adequately paved with either
concrete or asphalt cement prepared over adequate base. The following is an exception to the two parking space requirement:
(1) One additional paved off-street (covered or uncovered) parking space shall be provided for a second dwelling unit and shall comply with the requirements of Chapter 21.44 of this title.
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The additional parking space may be provided through tandem parking (provided that the garage is setback a minimum of twenty feet from the property line) or in the front yard setback."
SECTION 14 : That Title 21, Chapter 21.09 of the
Carlsbad Municipal Code is amended by the amendment of Section
21.09.190, paragraph (1) to read as follows:
tt (1) Each dwelling unit shall have a two-car garage, with a minimum dimension of twenty feet square which is
architecturally integrated with and has an exterior similar to the dwelling unit with the following exception: One additional paved off-street (covered or uncovered) parking space shall be provided for a second dwelling unit and shall comply with the requirements of Chapter 21.44 of this title. The additional parking space may be provided through tandem parking (provided that the garage is setback a minimum of twenty feet from the property line) or in the front yard setback.It
SECTION 15: That Title 21, Chapter 21.10, Section
21.10.100 of the Carlsbad Municipal Code is amended by the
amendment of paragraph (1) to read as follows:
"(1) Each dwelling unit shall have a two-car garage, with a minimum dimension of twenty feet square which is architecturally integrated with and has an exterior similar to the dwelling unit with the following exception:
One additional paved off-street (covered or uncovered) parking space shall be provided for a second dwelling unit and shall comply with the requirements of Chapter 21.44 of this title. The additional parking space may be provided through tandem parking (provided that the garage is setback a minimum of twenty feet from the property line) or in the front yard setback."
SECTION 16: That Title 21, Chapter 21.45, Section
21.45.090 of the Carlsbad Municipal Code is amended by the
amendment of Subsection (c) to read as follows:
"(c) Resident Parking. All units must have at least two full-sized covered residential parking spaces, except for studio units which shall be provided with a ratio of 1.5 spaces per unit, for which one space per unit shall be covered, and second dwelling units which shall be provided with one space (covered or uncovered) per second unit. The parking space for the second dwelling unit may be provided through tandem parking (provided that the covered parking spaces for the primary dwelling are located within a two-car garage and the garage is setback a minimum of twenty feet from the property line) or in the front
yard setback. *I
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SECTION 17 : That Title 21, Chapter 21.18 of the
Carlsbad Municipal Code is amended by the addition of Section
21.18.046 to read as follows:
1121.18.046. Second Dwellina Unit bv Administrative Permit. Second dwelling units may be permitted by an administrative permit issued according to the provisions of Section 21.010.015 of this title on lots which are developed with detached single-family residences. The development standards of this zone shall .apply.Il
SECTION 18 : That Title 21, Chapter 21.20 of the
Carlsbad Municipal Code is amended by the addition of Section
21.20.026 to read as follows:
1121.20.026. Second Dwellina Unit by Administrative Permit. Second dwelling units may be permitted by an administrative permit issued according to the provisions of Section 21.010.015 of this title on lots which are developed with
detached single family residences. The development standards of this zone shall apply.It
SECTION 19 : That Title 21, Chapter 21.22 of the
Carlsbad Municipal Code is amended by the addition of Section
21.22 to read as follows:
1v21.22.016. Second Dwellins Unit bv Administrative Permit. Second dwelling units may be permitted by an administrative permit issued according to the provisions of Section 21.010.015 of this title on lots which are developed with detached single-family residences. The development standards of this. zone shall apply."
SECTION 2 0 : That Title 21, Chapter 21.24 of the
Carlsbad Municipal Code is amended by the addition of Section
21.24.026 to read as follows:
"21.24.026. Second Dwellina Unit bv Administrative Permit. Second dwelling units may be permitted by an administrative permit issued according to the provisions of Section 21.010.015 of this title on lots which are developed with detached single-family residences. The development standards of this zone shall apply."
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EFFECTIVE DATE: This ordinance shall be effective
thirty days after its adoption, 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 the City
within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the
Carlsbad City Council on the day of , 1994,
and thereafter
PASSED AND ADOPTED at a regular meeting of the City
Council of the City of Carlsbad on the day of
, 1994, 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:
ALETHA L. RAUTENKRANZ, City Clerk
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