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Home My WebLink About1995-11-15; Planning Commission; Resolution 38301 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 I 0 e PLANNING COMMISSION RESOLUTION NO. 3830 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CODE AMENDMENT, AMENDING VARIOUS SECTIONS AND CHAPTERS OF THE CITY’S ZONING ORDINANCE, TITLE 21 OF THE CARLSBAD MUNICIPAL CODE, TO PLACE A ONE STORY HEIGHT LIMITATION ON ALL RESIDENTIAL ACCESSORY STRUCTURES. CASE NAME: ACCESSORY STRUCTURE HEIGHT CASE NO: ZCA 95-04 WHEREAS, the Planning Commission did on the 1st day of Novembe and on the 15th day of November, 1995, hold a duly noticed public hearing as pre by law to consider said request; and LIMITATION WHEREAS, at said public hearing, upon hearing and considering all te; and arguments, if any, of all persons desiring to be heard, said Commission consid factors relating to the Zone Code Amendment. NOW, THEREFORE, BE IT HEREBY RESOLVED by the P Commission as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Corn RECOMMENDS APPROVAL of ZCA 95-04, according to Exhibit “X November 1, 1995, attached hereto and made a part hereof, based following findings: Findings: 1. That the Planning Commission finds that: a) there was a Negative Declaration approved in connection with th regulation of accessory structures and related development sk associated with the approval of ZCA 92-07 approved on June 16, 1 Notice of Prior Compliance was issued on April 28,1995. 2. That the proposed zone code amendment will directly implement the inti direction set forth by the City Council approval and adoption of Resoh Intention No. 95-84. !I 0 0 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 PASSED, APPROVED, AND ADOPTED at a regular meeting Planning Commission of the City of Carlsbad, California, held on the 15th day of Na 1995, by the following vote, to wit: AYES: Commissioners Erwin, Monroy, Noble and Savary NOES: Chairperson Welshons and Commissioner Compas ABSENT: Commissioner Nielsen ABSTAIN: None KIM ~LSHONS, Chairperson CARLSBAD PLANNINGCOMN ATTEST MICHAEL J~OL&ILLER Planning Director 11 PC RES0 NO: 3830 -2- I( 0 0 EXHIBll November 1, l! 1 2 3 4 5 6 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING VARIOUS SECT'IONS OF VARIOUS CHAPTERS OF TITLE 21 OF THE CARLSBAD MUNICIPAL CODE TO RESTRICT ALL RESIDENTIAL LIMIT. CASE NAME ACCESSORY STRUCTURES HEIGHT LIMITATION ACCESSORY STRUCTURES TO A ONE-STORY/14 FOOT HEIGHT CASE NO: ZCA 95-04 7 The City Council of the City of Carlsbad, California, does ordain as folla 8 SECTION 1: That Title 21, Chapter 21.04 Section 21.04.098 of the Carlsl 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I/ Municipal Code is amended to read as follows: "21.04.020. Accessory. "Accessory1t means a building, part of a building or structure, or use wh is subordinate to and the use of which is incidental to that of the main building, struct or use on the same lot. If an accessory building is attached to the main building b common wall such building area is considered a part of the main building and not accessory building OY structure." SECTION 2 That Title 21, Chapter 21.04 Section 21.04.098 of the Carlst Municipal Code is added to read as follows: "21.04.098. Common wall. "Common wall" is used for the purpose of distinguishing between otherwise accessory building or structure and a main dwelling unit building or structl within residential zones. A "common wall" divides, yet is shared by, two adjacent enclo! building areas. A common wall may or may not provide a door or accessway accomodate passage between the two building areas separated by a common w Accessory structures do not involve an attachment to the main building by a common w SECTION 3: That Title 21, Chapter 21.08, Section 21.08.050 of Carlsbad Municipal Code is amended to read as follows: "21.080.050(1)(D). (D)(i) All accessory structures shall comply with the following developmc standards: (a) The lot coverage shall include accessory structures in the coverage calculations for the lot; (b) The distance between buildings used for human habitation a accessory buildings shall be not less than 10 feet; (c) When proposed on a lot adjoining native vegetation, accessc structures within a fire suppression zone must be reviewed and approved by the F Department; " (d) Accessory buildings, by definition, do not share a common M I/ !I 0 0 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 with the main dwelling unit structure; (e) Buildings shall not exceed one story; (f) Building height shall not exceed fourteen feet if a minim roof pitch of 3:12 is provided or ten feet if less than a 3:12 roof pitch is provided; (g) Second dwelling units constructed above detached garag located within a lot's buildable area, pursuant to Section 21.10.015 (c)3(D) of this title not subject to the one story/fourteen foot height limitation imposed on access' structures. (ii) Habitable detached accessory structures shall comply with requirements of the zone applicable to placement of a dwelling unit on a lot includ setbacks. (iii) Detached accessory structures, which are not dwelling units i contain no habitable space, including but not limited to garages, workshops, tool she decks over 30 inches above grade, and freestanding patio covers shall comply with following additional development standards when located within a lot's required setb, areas: (a) The maximum allowable building area per structure shall exceed a building coverage of 440 square feet; (b) The following setbacks shall apply: A front yard setback oj feet, a rear yard setback of 5 feet, a side yard setback of 5 feet, and an alley setback c feet; (c) The maximum plumbing drain size shall be 1 1/2 inch diameter so as to prohibit toilets, showers, bathtubs and other similar fixtures; (iv) The provisions of this section are applicable notwithstanding permit requirements contained in Section 18.04.015 of this code." SECTION 4: That Title 21, Chapter 21.08, Section 21.08.050 of the Carlsl Municipal Code is amended to read as follows: "21.080.050(2)(D). (D)(i) All accessory structures shall comply with the following developm standards: (a) The lot coverage shall include accessory structures in the coverage calculations for the lot; (b) The distance between buildings used for human habitation i accessory buildings shall be not less than 10 feet; (c) When proposed on a lot adjoining native vegetation, access structures within a fire suppression zone must be reviewed and approved by the E Department; (d) Accessory buildings, by definition, do not share a common v with the main dwelling unit structure; (e) Buildings shall not exceed one story; (f) Building height shall not exceed fourteen feet if a minim roof pitch of 3:12 is provided or ten feet if less than a 3:12 roof pitch is provided; (g) Second dwelling units constructed above detached garal located within a lot's buildable area, pursuant to Section 21.10.015 (c)3(D) of this title not subject to the one story/fourteen foot height limitation imposed on access structures. ll 2 II 0, 0 I (ii) Habitable detached accessory structures shall comply with requirements of the zone applicable to placement of a dwelling unit on a lot includ 2 setbacks. contain no habitable space, including but not limited to garages, workshops, tool she 3 (iii) Detached accessory structures, which are not dwelling units E (b) The following setbacks shall apply: A front yard setback ol exceed a building coverage of 440 square feet; 6 (a) The maximum allowable building area per structure shall areas: 5 following additional development standards when located within a lot's required setb; 4 7 feet, a rear yard setback of 5 feet, a side yard setback of 5 feet, and an alley setback c (c) The maximum plumbing drain size shall be 1 112 inch (iv) The provisions of this section are applicable notwithstanding 1 decks over 30 inches above grade, and freestanding patio covers shall comply with a feet; g diameter so as to prohibit toilets, showers, bathtubs and other similar fixtures; 10 permit requirements contained in Section 18.04.015 of this code." 11 SECTION 5: That Title 21, Chapter 21.10, Section 21.10.050 of 4 12 13 14 15 (D) (i) All accessory structures shall comply with the follow (a) The lot coverage shall include accessory structures in the 1 6 coverage calculations for the lot; (b) The distance between buildings used for human habitation : 17 accessory buildings shall be not less than 10 feet; (c) When proposed on a lot adjoining native vegetation, access 18 structures within a fire suppression zone must be reviewed and approved by the E 19 (d) Accessory buildings, by definition, do not share a common P 20 with the main dwelling unit structure; (e) Buildings shall not exceed one story; Carlsbad Municipal Code is amended to read as follows: "21.10.050(1MD1. development standards: Department; 21 (g) Second dwelling units constructed above detached garag 22 (f) Building height shall not exceed fourteen feet if a minim1 roof pitch of 3:12 is provided or ten feet if less than a 3:12 roof pitch is provided; located within a lot's buildable area, pursuant to Section 21.10.015 (c)3(D) of this title i not subject to the one story/fourteen foot height limitation imposed on access 23 24 25 26 27 28 structures. requirements of the zone applicable to placement of a dwelling unit on a lot includ. setbacks. (iii) Detached accessory structures, which are not dwelling units a contain no habitable space, including but not limited to garages, workshops, tool she decks over 30 inches above grade, and freestanding patio covers shall comply with I following additional development standards when located within a lot's required setb; (ii) Habitable detached accessory structures shall comply with 3 II !I 0 0 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 areas: (a) The maximum allowable building area per structure shall exceed a building coverage of 440 square feet; (b) The following setbacks shall apply: A front yard setback oj feet, a rear yard setback of 5 feet, a side yard setback of 5 feet, and an alley setback <: feet; (c) The maximum plumbing drain size shall be 1 1/2 inch diameter so as to prohibit toilets, showers, bathtubs and other similar fixtures; (iv) The provisions of this section are applicable notwithstanding permit requirements contained in Section 18.04.015 of this code." SECTION 6: That Title 21, Chapter 21.10, Section 21.10.050 of Carlsbad Municipal Code is amended to read as follows: "21.10.050(2)(D). (D)(i) All accessory structures shall comply with the follow development standards: (a) The lot coverage shall include accessory structures in the coverage calculations for the lot; (b) The distance between buildings used for human habitation : accessory buildings shall be not less than 10 feet; (c) When proposed on a lot adjoining native vegetation, access structures within a fire suppression zone must be reviewed and approved by the E Department; (d) Accessory buildings, by definition, do not share a common v with the main dwelling unit structure; (e) Buildings shall not exceed one story; (f) Building height shall not exceed fourteen feet if a minim roof pitch of 3:12 is provided or ten feet if less than a 3:12 roof pitch is provided; (g) Second dwelling units constructed above detached garal located within a lot's buildable area, pursuant to Section 21.10.015 (c)3(D) of this title not subject to the one story/fourteen foot height limitation imposed on access structures. (ii) Habitable detached accessory structures shall comply with requirements of the zone applicable to placement of a dwelling unit on a lot includ setbacks. (iii) Detached accessory structures, which are not dwelling units i contain no habitable space, including but not limited to garages, workshops, tool shc decks over 30 inches above grade, and freestanding patio covers shall comply with following additional development standards when located within a lot's required setb areas: (a) The maximum allowable building area per structure shall exceed a building coverage of 440 square feet; (b) The following setbacks shall apply: A front yard setback 01 feet, a rear yard setback of 5 feet, a side yard setback of 5 feet, and an alley setback ( feet; (c) The maximum plumbing drain size shall be 1 112 inch 4 II 0 0 1 permit requirements contained in Section 18.04.015 of this code." 2 diameter so as to prohibit toilets, showers, bathtubs and other similar fixtures; (iv) The provisions of this section are applicable notwithstanding 3 SECTION 7: That Title 21, Chapter 21.12, Section 21.12.050 of the 4 5 Carlsbad Municipal Code is amended to read as follows: (D)(i) All accessory structures shall comply with the follow 6 "21.12.050 (1MD). development standards: coverage calculations for the lot; 7 (a) The lot coverage shall include accessory structures in the 8 9 accessory buildings shall be not less than 10 feet; (b)The distance between buildings used for human habitation i (c) When proposed on a lot adjoining native vegetation, access 10 structures within a fire suppression zone must be reviewed and approved by the F Department; with the main dwelling unit structure; 11 (d) Accessory buildings, by definition, do not share a common M 12 13 (f) Building height shall not exceed fourteen feet if a minim roof pitch of 3:12 is provided or ten feet if less than a 3:12 roof pitch is provided; 14 (g) Second dwelling units constructed above detached garag located within a lot's buildable area, pursuant to Section 21.10.015 (c)3(D) of this title i l5 not subject to the one story/fourteen foot height limitation imposed on access 1 6 structures. (ii) Habitable detached accessory structures shall comply with 17 requirements of the zone applicable to placement of a dwelling unit on a lot includ setbacks. 18 (iii) Detached accessory structures, which are not dwelling units 2 contain no habitable space, including but not limited to garages, workshops, tool she l9 following additional development standards when located within a lot's required setb; 20 decks over 30 inches above grade, and freestanding patio covers shall comply with (e) Buildings shall not exceed one story; areas: exceed a building coverage of 440 square feet; 23 feet, a rear yard setback of 5 feet, a side yard setback of 5 feet, and an alley setback o feet; 24 (c) The maximum plumbing drain size shall be 1 112 inch diameter so as to prohibit toilets, showers, bathtubs and other similar fixtures; 25 (iv) The provisions of this section are applicable notwithstanding 1 permit requirements contained in Section 18.04.015 of this code." 26 27 SECI'ION 8: That Title 21, Chapter 21.12, Section 21.12.050 of ' 28 Carlsbad Municipal Code is amended to read as follows: 21 22 (a) The maximum allowable building area per structure shall 1 (b) The following setbacks shall apply: A front yard setback of 5 0 0 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 "21.12.050(2)(D). (D)(i) All accessory structures shall comply with the follow development standards: (a) The lot coverage shall include accessory structures in the coverage calculations for the lot; (b) The distance between buildings used for human habitation 2 accessory buildings shall be not less than 10 feet; (c) When proposed on a lot adjoining native vegetation, access' structures within a fire suppression zone must be reviewed and approved by the E Department; (d) Accessory buildings, by definition, do not share a common P with the main dwelling unit structure; (e) Buildings shall not exceed one story; (f) Building height shall not exceed fourteen feet if a minim roof pitch of 3:12 is provided or ten feet if less than a 3:12 roof pitch is provided; (g) Second dwelling units constructed above detached garag located within a lot's buildable area, pursuant to Section 21.10.015 (c)3(D) of this title not subject to the one story/fourteen foot height limitation imposed on access structures. (ii) Habitable detached accessory structures shall comply with requirements of the zone applicable to placement of a dwelling unit on a lot includ setbacks. (iii) Detached accessory structures, which are not dwelling units 2 contain no habitable space, including but not limited to garages, workshops, tool she decks over 30 inches above grade, and freestanding patio covers shall comply with following additional development standards when located within a lot's required setb; areas: (a) The maximum allowable building area per structure shall : exceed a building coverage of 440 square feet; (b) The following setbacks shall apply: A front yard setback of feet, a rear yard setback of 5 feet, a side yard setback of 5 feet, and an alley setback c feet; (c) The maximum plumbing drain size shall be 1 1/2 inch diameter so as to prohibit toilets, showers, bathtubs and other similar fixtures; (iv) The provisions of this section are applicable notwithstanding permit requirements contained in Section 18.04.015 of this code." SECTION 9: That Title 21, Chapter 21.16, Section 21.16.050 of Carlsbad Municipal Code is amended to read as follows: "21.16.050(1)(D). (D)(i) All accessory structures shall comply with the follow (a) The lot coverage shall include accessory structures in the (b) The distance between buildings used for human habitation i development standards: coverage calculations for the lot; accessory buildings shall be not less than 10 feet; 6 0 0 1 (c) When proposed on a lot adjoining native vegetation, access( structures within a fire suppression zone must be reviewed and approved by the E 2 Department; 4 with the main dwelling unit structure; 3 (d) Accessory buildings, by definition, do not share a common P roof pitch of 3:12 is provided or ten feet if less than a 3:12 roof pitch is provided; 5 (f) Building height shall not exceed fourteen feet if a minim (e) Buildings shall not exceed one story; (g) Second dwelling units constructed above detached garag 6 located within a lot's buildable area, pursuant to Section 21.10.015 (c)3(D) of this title not subject to the one story/fourteen foot height limitation imposed on access 7 structures. 8 (ii) Habitable detached accessory structures shall comply with requirements of the zone applicable to placement of a dwelling unit on a lot includ g setbacks. (iii) Detached accessory structures, which are not dwelling units : 10 contain no habitable space, including but not limited to garages, workshops, tool she ' ' following additional development standards when located within a lot's required setb; 12 (a) The maximum allowable building area per structure shall : 13 exceed a building coverage of 440 square feet; (b) The following setbacks shall apply: A front yard setback of 14 feet, a rear yard setback of 5 feet, a side yard setback of 5 feet, and an alley setback c 15 (c) The maximum plumbing drain size shall be 1 112 inch 16 diameter so as to prohibit toilets, showers, bathtubs and other similar fixtures; (iv) The provisions of this section are applicable notwithstanding 17 permit requirements contained in Section 18.04.015 of this code." 18 SECTION 10: That Title 21, Chapter 21.16, Section 21.16.050 of decks over 30 inches above grade, and freestanding patio covers shall comply with areas: feet; 19 20 21 22 23 24 25 26 27 28 11 Carlsbad Municipal Code is amended to read as follows: "21.16.050(2)(D). (D)(i) All accessory structures shall comply with the follow development standards: (a) The lot coverage shall include accessory structures in the coverage calculations for the lot; (b) The distance between buildings used for human habitation i accessory buildings shall be not less than 10 feet; (c) When proposed on a lot adjoining native vegetation, access structures within a fire suppression zone must be reviewed and approved by the E Department; (d) Accessory buildings, by definition, do not share a common v with the main dwelling unit structure; (e) Buildings shall not exceed one story; (9 Building height shall not exceed fourteen feet if a minim 11 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 0 0 roof pitch of 3:12 is provided or ten feet if less than a 3:12 roof pitch is provided; (g) Second dwelling units constructed above detached garag located within a lot's buildable area, pursuant to Section 21.10.015 (c)3(D) of this title not subject to the one story/fourteen foot height limitation imposed on access structures. (ii) Habitable detached accessory structures shall comply with requirements of the zone applicable to placement of a dwelling unit on a lot includ setbacks. (iii) Detached accessory structures, which are not dwelling units i contain no habitable space, including but not limited to garages, workshops, tool she decks over 30 inches above grade, and freestanding patio covers shall comply with following additional development standards when located within a lot's required setb; areas: (a) The maximum allowable building area per structure shall exceed a building coverage of 440 square feet; (b) The following setbacks shall apply: A front yard setback oi feet, a rear yard setback of 5 feet, a side yard setback of 5 feet, and an alley setback c feet; (c) The maximum plumbing drain size shall be 1 1/2 inch diameter so as to prohibit toilets, showers, bathtubs and other similar fixtures; (iv) The provisions of this section are applicable notwithstanding permit requirements contained in Section 18.04.015 of this code." SECTION 11: That Title 21, Chapter 21.18, Section 21.18.050 of Carlsbad Municipal Code is amended to read as follows: "21.18.050 (7)(C). (C)(i) All accessory structures shall comply with the follow development standards: (a) The lot coverage shall include accessory structures in the coverage calculations for the lot; (b) The distance between buildings used for human habitation i accessory buildings shall be not less than 10 feet; (c) When proposed on a lot adjoining native vegetation, access structures within a fire suppression zone must be reviewed and approved by the E Department; (d) Accessory buildings, by definition, do not share a common v with the main dwelling unit structure; (e) Buildings shall not exceed one story; (f) Building height shall not exceed fourteen feet if a minim roof pitch of 3:12 is provided or ten feet if less than a 3:12 roof pitch is provided; (g) Second dwelling units constructed above detached garal located within a lot's buildable area, pursuant to Section 21.10.015 (c)3(D) of this title not subject to the one story/fourteen foot height limitation imposed on access structures. (ii) Habitable detached accessory structures shall comply with requirements of the zone applicable to placement of a dwelling unit on a lot includ 8 0 0 1 setbacks. contain no habitable space, including but not limited to garages, workshops, tool she 2 (iii) Detached accessory structures, which are not dwelling units 2 permit requirements contained in Section 18.04.015 of this code." 9 (iv) The provisions of this section are applicable notwithstanding diameter so as to prohibit toilets, showers, bathtubs and other similar fixtures; 8 (c) The maximum plumbing drain size shall be 1 112 inch 7 feet, a rear yard setback of 5 feet, a side yard setback of 5 feet, and an alley setback c 6 (b) The following setbacks shall apply: A front yard setback oi exceed a building coverage of 440 square feet; 5 (a) The maximum allowable building area per structure shall : areas: 4 following additional development standards when located within a lot's required setb; 3 decks over 30 inches above grade, and freestanding patio covers shall comply with feet; 10 SECTION 12 That Title 21, Chapter 21.20, Section 21.20.080 of 1 11 12 13 14 (1) All accessory structures shall comply with the follow (a) The lot coverage shall include accessory structures in the 15 coverage calculations for the lot; (b) The distance between buildings used for human habitation a 16 accessory buildings shall be not less than 10 feet; (c) When proposed on a lot adjoining native vegetation, access l7 structures within a fire suppression zone must be reviewed and approved by the F 18 (d) Accessory buildings, by definition, do not share a common 'CT 1 g with the main dwelling unit structure; (e) Buildings shall not exceed one story; Carlsbad Municipal Code is amended to read as follows: "21.20.080. Accessory Structures. development standards: Department; 20 (f) Building height shall not exceed fourteen feet if a minim1 21 22 23 requirements of the zone applicable to placement of a dwelling unit on a lot includ: 24 structures. 25 (iii) Detached accessory structures, which are not dwelling units a 26 contain no habitable space, including but not limited to garages, workshops, tool she decks over 30 inches above grade, and freestanding patio covers shall comply with ! 27 following additional development standards when located within a lot's required setbi roof pitch of 3:12 is provided or ten feet if less than a 3:12 roof pitch is provided; (g) Second dwelling units constructed above detached garag located within a lot's buildable area, pursuant to Section 21.10.015 (c)3(D) of this title i not subject to the one story/fourteen foot height limitation imposed on accessc (ii) Habitable detached accessory structures shall comply with setbacks. 20 areas: (a) The maximum allowable building area per structure shall 1 I/ 9 /I 1 2 3 4 5 - 0 e exceed a building coverage of 440 square feet; (b) The following setbacks shall apply: A front yard setback of feet, a rear yard setback of 5 feet, a side yard setback of 5 feet, and an alley setback c feet; (c) The maximum plumbing drain size shall be 1 1/2 inch diameter so as to prohibit toilets, showers, bathtubs and other similar fixtures; (iv) The provisions of this section are applicable notwithstanding permit requirements contained in Section 18.04.015 of this code.” tj II 7 8 “21.22.060. Accessorv Structures. 9 Carlsbad Municipal Code is amended to read as follows: SECTION 13: That Title 21, Chapter 21.22, Section 21.22.060 of (1) All accessory structures shall comply with the follow (a) The lot coverage shall include accessory structures in the 1 o 11 development standards: coverage calculations for the lot; accessory buildings shall be not less than 10 feet; 13 (e) Buildings shall not exceed one story; 16 (d) Accessory buildings, by definition, do not share a common u 15 Department; ’ 4 structures within a fire suppression zone must be reviewed and approved by the F (c) When proposed on a lot adjoining native vegetation, access! not subject to the one story/fourteen foot height limitation imposed on access’ 19 located within a lot’s buildable area, pursuant to Section 21.10.015 (c)3(D) of this title ’ 8 (g) Second dwelling units constructed above detached garag roof pitch of 3:12 is provided or ten feet if less than a 3:12 roof pitch is provided; 1 7 (f) Building height shall not exceed fourteen feet if a minim 12 (b) The distance between buildings used for human habitation 2 with the main dwelling unit structure; structures. requirements of the zone applicable to placement of a dwelling unit on a lot includ 21 22 setbacks. (iii) Detached accessory structures, which are not dwelling units 2 contain no habitable space, including but not limited to garages, workshops, tool she 23 decks over 30 inches above grade, and freestanding patio covers shall comply with following additional development standards when located within a lot’s required setb; 24 areas: (a) The maximum allowable building area per structure shall 25 exceed a building coverage of 440 square feet; 26 (b) The following setbacks shall apply: A front yard setback oi feet, a rear yard setback of 5 feet, a side yard setback of 5 feet, and an alley setback c 27 feet; (c) The maximum plumbing drain size shall be 1 1/2 inch 28 diameter so as to prohibit toilets, showers, bathtubs and other similar fixtures; (iv) The provisions of this section are applicable notwithstanding 20 (ii) Habitable detached accessory structures shall comply with 10 I( 0 a 1 permit requirements contained in Section 18.04.015 of this code." 2 SECTION 14: That Title 21, Chapter 21.24, Section 21.24.090 of the Carlsl 3 4 Municipal Code is amended to read as follows: "21.24.090. Accessow Structures. 5 (1) All accessory structures shall comply with the follow development standards: coverage calculations for the lot; accessory buildings shall be not less than 10 feet; 6 7 (a) The lot coverage shall include accessory structures in the 8 (b) The distance between buildings used for human habitation 2 structures within a fire suppression zone must be reviewed and approved by the E( g (c) When proposed on a lot adjoining native vegetation, access Department; with the main dwelling unit structure; 10 12 (d) Accessory buildings, by definition, do not share a common w (f) Building height shall not exceed fourteen feet if a minim1 11 (e) Buildings shall not exceed one story; roof pitch of 3:12 is provided or ten feet if less than a 3:12 roof pitch is provided; 13 (g) Second dwelling units constructed above detached garag located within a lot's buildable area, pursuant to Section 21.10.015 (c)3(D) of this title i l4 not subject to the one story/fourteen foot height limitation imposed on accessc 15 16 17 18 19 20 21 22 23 24 25 26 27 structures. requirements of the zone applicable to placement of a dwelling unit on a lot includ setbacks. (iii) Detached accessory structures, which are not dwelling units a contain no habitable space, including but not limited to garages, workshops, tool she decks over 30 inches above grade, and freestanding patio covers shall comply with 1 following additional development standards when located within a lot's required setb; areas: (a) The maximum allowable building area per structure shall I exceed a building coverage of 440 square feet; (b) The following setbacks shall apply: A front yard setback of feet, a rear yard setback of 5 feet, a side yard setback of 5 feet, and an alley setback o feet; (c) The maximum plumbing drain size shall be 1 1/2 inch diameter so as to prohibit toilets, showers, bathtubs and other similar fixtures; (iv) The provisions of this section are applicable notwithstanding 1 permit requirements contained in Section 18.04.015 of this code." (ii) Habitable detached accessory structures shall comply with .... .... 28 11 I1 ll 0 0 1 EFFECTIVE DATE: This ordinance shall be effective thirty days after 2 3 adoption and final approval by the California Coastal Commission, and the city clerk sh 4 certify to the adoption of this ordinance and cause it to be published at least once iI newspaper of general circulation within fifteen days after its adoption. 5 6 7 8 9 City of Carlsbad on the day of , 1995, by the following vote, to wit: INTRODUCED AND FIRST READ at a regular meeting of the Carlsb City Council on the day of , 1995, and thereafter PASSED AND ADOPTED at a regular meeting of the City Council of I 10 NOES: 11 AYES: l2 // ABSENT: 13 14 15 16 17 18 19 APPROVED AS TO FORM AND LEGALITY RONALD R. BALL, City Attorney CLAUDE A. LEWIS, Mayor *O llAnEsT: a I/ 22 11 ALETHA L. RAUTENKRANZ, City Clerk 23 24 25 26 27 28 12 I