HomeMy WebLinkAbout2003-05-21; Planning Commission; Resolution 54141
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PLANNING COMMISSION RESOLUTION NO. 5414
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A ZONE CODE AMENDMENT, AMENDING
VARIOUS CHAPTERS AND SECTIONS OF TITLE 21, THE
CARLSBAD ZONE CODE, TO REVISE THE CITY’S PERMIT
PROCESS REQUIREMENTS AND DEVELOPMENT
STANDARDS FOR SECOND DWELLING UNITS TO
COMPLY WITH AMENDED STATE GOVERNMENT CODE
SECTION 65852.2.
CASE NAME: SECOND DWELLING UNIT ORDINANCE
AMENDMENT
CASE NO: ZCA 92-04(B)
WHEREAS, on January 1, 2003, California Government Code Section
65852.2 was amended to streamline the permit process requirements for the development of
second dwelling units throughout the state; and
WHEREAS, compliance with this revised State law necessitates amendments
to the City’s Zone Code by July 1,2003; and
WHEREAS, the proposed amendment is set forth in the draft City Council
Ordinance, Exhibit “X” dated, May 21, 2003, and attached hereto SECOND DWELLING
UNIT ORDINANCE AMENDMENT - ZCA 92-04(B); and
WHEREAS, the Planning Commission did on the 21st day of May, 2003, hold a
duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the Zone Code Amendment; and
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 Commission
UNIT ORDINANCE AMENDMENT, based on the following findings:
RECOMMENDS APPROVAL of ZCA 92-04(B) - SECOND DWELLING
Findings:
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That the proposed Zone Code Amendment - ZCA 92-04@) is consistent with the
General Plan in that it will streamline the review and approval process for second
dwelling units, thereby continuing to implement the associated Housing Element
goal, objective and program (included below) relating to the provision of affordable
housing opportunities through the implementation of the City’s Second Dwelling
Unit Ordinance.
A. GOAL #3 “Sufficient new affordable housing opportunities in all quadrants
of the City to meet the needs of lower and moderate income households.”
B. OBJECTIVE 3.11- “Reduce the size of housing, thereby reducing costs and
increasing affordability.”
C. PROGRAM 3.7.b. (Alternative Housing) - “The City shall continue to
implement its Second Dwelling Unit Ordinance (Section 21.10.015 of the
Carlsbad Municipal Code ... to assist in meeting the City’s share of housing
for low and very low income households.
That the proposed ZCA complies with amended Government Code Section 65852.2.
in that it allows: a) second dwelling units proposed outside of the Coastal Zone to be
processed through ministerial building permits without the requirement for discretionary
review or a public hearing and b) second dwelling units proposed within the Coastal Zone
to be processed as a Minor Coastal Development Permit without a public hearing.
PC RES0 NO. 5414 -2-
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, held on the 21st day of May, 2003, by the following vote,
to wit:
AYES: Chairperson Baker, Commissioners Dominguez, Heineman,
Montgomery, Segall, and White
NOES: None
ABSENT: Commissioner Whitton
ABSTAIN: None
R, Chairperson
PLANNING COMMISSION
ATTEST:
MICHAEL J. HOLmILLm
Planning Director
PC RES0 NO. 5414 -3-
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Exhibit 'X May 21,2003
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA AMENDING TITLE 21 OF THE
CARLSBAD MUNICIPAL CODE BY AMENDING VARIOUS
CHAPTERS AND SECTIONS TO ALLOW SECOND DWELLING
UNITS PROPOSED OUTSIDE OF THE COASTAL ZONE TO BE
CONSIDERED MINISTERIALLY WITHOUT DISCRETIONARY
REVIEW OR A PUBLIC HEARING AND SECOND DWELLING
UNITS PROPOSED WITHIN THE COASTAL ZONE TO BE
CONSIDERED AS MINOR COASTAL DEVELOPMENT PERMITS
BUT WITHOUT A PUBLIC HEARING.
CASE NAME: SECOND DWELLING UNITS AMENDMENT
CASE NO.: ZCA 92-04(B)/LCPA 03-02
The City Council of the City of Carlsbad, California, does ordain as follows:
SECTION 1: That Title 21 , Chapter 21.08 of the Carlsbad Municipal Code is amended
by the amendment of Section 21.08.015 to read as follows:
21.08.01 5 Second dwelling units
Second dwelling units are permitted according to the provisions of Section 21.10.015 of this
title. The development standards of this zone shall apply. (Ord. NS-283 5 4, 1994)
SECTION 2: That Title 21, Chapter 21.09 of the Carlsbad Municipal Code is amended
by the amendment of Section 21.09.025 to read as follows:
21.09.025 Second dwelling units.
Second dwelling units are permitted according to the provisions of Section 21.10.015 of this
title. The development standards of this zone shall apply. (Ord. NS-283 5 5, 1994)
SECTION 3: That Title 21, Chapter 21.10 of the Carlsbad Municipal Code is amended
by the amendment of Section 21.10.015 to read as follows:
21.10.015 Second dwelling units.
(a) The public good is served when there exists in a city, housing which is appropriate for
the needs of and affordable to all members of the public who reside within that city. Among
other needs, there is in Carlsbad a need for affordable rental housing. Therefore, it is in the
public interest for the city to promote a range of housing alternatives in order to meet the
affordable rental housing needs of its citizens. This section is intended to provide a rental-
housing alternative by establishing 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-I,
areas designated by a master plan for single-family detached dwellings in P-C zones and lots
within multifamily zones R-2, R-3, R-P, R-T, R-W and RD-M, which are developed with single-
family residences.
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(c) Second dwelling units developed within the coastal zone require a minor coastal
development permit issued according to the provisions of Section 21.201.085 of this title and a
building permit. Second dwelling units developed outside of the coastal zone require a building
permit.
(d) The completed minor coastal development permit and/or building permit application
for a second dwelling unit shall include the following information:
(1) The name@) of the owner(s);
(2) The address of the dwelling units;
(3) The assessor's parcel number;
(4) Building elevations and a general floor plan of the second dwelling unit;
(5) A scaled drawing showing the lot dimension, the location of the primary and
second dwelling unit, location of all vehicular parking and the total square footage of both units;
(6) Description and location of water and sanitary (sewer) services;
(7) An applicant-signed Affidavit of Compliance declaring that: (a) the second
dwelling unit is not in conflict with existing conditions, covenants and restrictions (CC and Rs)
applicable to the title of the subject property; (b) the property owner@) shall reside in either the
main dwelling unit or the second dwelling unit unless a lessee leases both the main dwelling
and the second dwelling unit; (c) the property owners agree to rent the second dwelling unit at a
monthly rental rate which shall not exceed an amount equal to thirty percent of the gross
monthly income of a low-income household, adjusted for household size, at eighty percent of
the San Diego County median income.
(e) Second dwelling units shall comply with the following:
(1) The second dwelling unit shall either be attached to the main dwelling unit and
located within the habitable area of the main dwelling unit or detached from the main dwelling
unit and located on the same lot as the main dwelling unit.
(2) The second dwelling unit shall have a separate entrance.
(3) The second dwelling unit must meet the setback, lot coverage, and other
development standards applicable to the zone, which are not addressed within this subsection.
In the coastal zone, any housing development processed pursuant to this chapter shall be
consistent with all certified local coastal program provisions, with the exception of density, or as
otherwise specified within this subsection.
(4) Attached second dwelling units shall conform to the height limits applicable to
the zone and detached second dwelling units shall be limited to one story, except that second
dwelling units constructed above detached garages shall be permitted, and shall conform to the
height limits applicable to the zone.
(5) Garage conversions are prohibited unless replacement off-street garage parking
is provided concurrently and in compliance with the requirements of Chapter 21.44 of this title.
(6) Second dwelling units shall not be permitted on a lot or parcel having guest or
accessory living quarters, or a residential care facility. Existing guest or accessory living
quarters may be converted into a second dwelling unit provided that all zoning and structural
requirements are met.
(7) One additional paved off-street (covered or uncovered) parking space shall be
provided for the 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 set back a minimum of twenty feet from the property line) or in the front yard
setback.
(8) Adequate water and sewer capacity and facilities for the second dwelling unit
must be available or made available.
(9) All necessary public facilities and services must be available or made available.
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(IO) The second unit may be rented and shall not be sold separately from the main
dwelling unit unless the lot on which such units are located is subdivided. The lot upon which
the second unit is located shall not be subdivided unless each lot which would be created by the
subdivision will comply with the requirements of this title and Title 20; and further provided, that
all structures existing on each proposed lot will comply with the development standards
applicable to each lot.
(1 1) The total area of floor space for an attached or detached second unit shall not
exceed six hundred forty square feet.
(1 2) The second dwelling unit shall be architecturally compatible with the main
dwelling unit, in terms of appearance, materials and finished quality.
(13) A second dwelling unit which conforms to the requirements of this section
shall be allowed to exceed the permitted density for the lot upon which it is located and shall be
deemed to be a residential use consistent with the density requirements of the general plan and
the zoning designation for the lot.
(14) 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.
SECTION 4: That Title 21, Chapter 21 .IO of the Carlsbad Municipal Code is amended
by the addition of section 21. IO. 1 10 to read as follows:
21.10.1 10 Severability.
If any section, subsection, sentence, clause phrase or part of this chapter is for any reason
found by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall
not affect the validity of the remaining portions of this chapter, which shall be in full force and
effect. The city council hereby declares that it would have adopted this chapter with each
section, subsection, sentence, clause, phrase or part thereof irrespective of the fact that any
one or more sections, subsections, sentences, clauses, phrases or parts be declared invalid or
unconstitutional.
SECTION 5: That Title 21, Chapter 21 .I2 of the Carlsbad Municipal Code is amended by
the amendment of section 21.12.015 to read as follows:
21.12.01 5 Second dwelling units.
Second dwelling units are permitted according to the provisions of Section 21.10.015 of this title
on lots which are developed with detached single-family residences. The development
standards of this zone shall apply. (Ord. NS-283 § 7, 1994)
SECTION 6: That Title 21, Chapter 21 .I6 of the Carlsbad Municipal Code is amended by
the amendment of section 21 .I 6.01 7 to read as follows:
21.16.017 Second dwelling units.
Second dwelling units are permitted according to the provisions of Section 21.10.015 of this title
on lots which are developed with detached single-family residences. The development
standards of this zone shall apply. (Ord. NS-283 7, 1994)
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SECTION 7: That Title 21, Chapter 21.1 8 of the Carlsbad Municipal Code is amended
by the amendment of section 21.18.046 to read as follows:
21 .I 8.046 Second dwelling units.
Second dwelling units are permitted according to the provisions of Section 21.10.015 of this title
on lots which are developed with detached single-family residences. The development
standards of this zone shall apply. (Ord. NS-283 3 7, 1994)
SECTION 8: That Title 21, Chapter 21.20 of the Carlsbad Municipal Code is amended
by the amendment of section 21.20.026 to read as follows:
21.20.026 Second dwelling units.
Second dwelling units are permitted according to the provisions of Section 21.10.015 of this title
on lots which are developed with detached single-family residences. The development
standards of this zone shall apply. (Ord. NS-283 9 7, 1994)
SECTION 9: That Title 21, Chapter 21.22 of the Carlsbad Municipal Code is amended
by the amendment of section 21.22.016 to read as follows:
21.22.016 Second dwelling units.
Second dwelling units are permitted according to the provisions of Section 21.10.01 5 of this title
on lots which are developed with detached single-family residences. The development
standards of this zone shall apply. (Ord. NS-283 5 7, 1994)
SECTION 10: That Title 21, Chapter 21.24 of the Carlsbad Municipal Code is amended
by the amendment of section 21.24.026 to read as follows:
21.24.026 Second dwelling units.
Second dwelling units are permitted according to the provisions of Section 21.10.015 of this title
on lots which are developed with detached single-family residences. The development
standards of this zone shall apply. (Ord. NS-283 § 7, 1994)
SECTION 1'1: That Title 21, Chapter 21.38 of the Carlsbad Municipal Code is amended
by the amendment of section 21.38.025 to read as follows:
21.38.025 Second dwelling units.
Second dwelling units are permitted according to the provisions of Section 21.10.015 of this title
in areas designated by a master plan for single-family detached dwellings. For second dwelling
units proposed on standard lots (minimum seven thousand five hundred square feet in area)
which are developed with detached single-family residences, the development standards of
Chapter 21.10 shall apply. For second dwelling units proposed on substandard lots (less than
seven thousand five hundred square feet in area) which are developed with detached single-
family residences, the development standards of Chapter 21.45 shall apply. (Ord. NS-283 § 6,
1994)
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Table F
Residential AdditiondAccessory Use Standards
Type OfTYPe of Frontyard Setback Sideyard Rear Yard Remarks Required Residential Use Accessory Use Setback Setback Permit
Single-family Attached/ 20 feet 5 feet to posts5 feet to posts Open or Building
(SF), Two-family detached Patio with a permitted with a permitted lattice-top
(TF) Covers 2 foot overhang 2 foot overhang patio covers may be located
within the
required private
recreation
space.
SF Garages, 20 feet 5 feet 5 feet See (2). Residential
Workshops Addition
SF, TF Frontyard Arbors 5 feet 5 feet NIA Open Building
SF, TF Tool Sheds, 20 feet 5 feet
Decks over 30
inches in height
SF, TF Porte-cochere Must observe same Must observe
setbacks as home same setbacks
SECTION 12: That Title 21, Chapter 21.45 of the Carlsbad Municipal Code is amended
trellises or
arbors not greater in
size than 4
ft. x 6 ft. x
10 ft or 4 ft. x1Oft.x
the width of
the
driveway if
used over
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by the amendment of section 21.45.090 to read as follows:
JIA
21.45.090 Residential additions and accessory uses.
Residential Additions and Accessory Uses. Table F includes a listing of residential additions
and accessory use standards that are permitted based on the type of residential use, the type
of permit required and the required development standards.
Residential Addition
SF, TF
SF
as home
Room Additions, Must comply with Other Habitable all development
Structures Standards of
Second Dwelling Must comply with
Units all development standards of
Sections 21.10.015
and 21.45.070.
Section 21.45.070
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a drivewa
-pyzim Addition
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SF Guest Houses Must comply with See (2),
all development (3)- standards of Section 21.45.070.
SF, TF Pool, Spa 20 feet
SF, TF Satellite Antenna NIA NIA NIA NIA
5 feet for pool, 2 5 feet for pool, 2
feet for spa. feet for spa.
Residential
Addition
Building
See Sections
21 53.140,
21.45.060
SECTION 13: That Title 21, Chapter 21.201 of the Carlsbad Municipal Code is amended
by the amendment of section 21.201.085 to read as follows:
21.201.085 Minor Coastal Permits for Second Dwelling Units.
A. The planning director may issue minor coastal permits for second dwelling units in
the coastal zone which comply with the following criteria:
1. The development is consistent with Section 21 .I 0.01 5 of this title and the certified
local coastal program as defined in Section 301 08.6 of the Coastal Act.
2. The development has no adverse effect individually or cumulatively on coastal
resources or public access to the shoreline or along the coast.
B. The director shall give written notice of pending development decision after the
application is complete, at least fifteen working days prior to the decision on the application as
follows:
1. Contents. The notice shall include: a statement of a public comment period of at
least fifteen working days sufficient to receive and consider comments submitted by mail prior
to the date established for the decision.
a. Any person requesting to be on the mailing list for the project or for coastal
b. All property owners and residents within one hundred feet of the project
c. The Coastal Commission; and
d. The applicant.
2. Recipients. The notice shall be sent by first class mail to:
decisions; and
perimeter; and
C. The Planning Director may approve, approve with conditions or deny the permit. The
director’s decision shall be based upon the requirements of, and shall include specific factual
findings supporting whether the project is or is not in conformity with, the certified local coastal
program (and, if applicable, with the public access and recreation policies of Chapter 3 of the
Coastal Act).
The Planning Director’s decision shall be made in writing. The date of the decision shall
be the date the writing containing the decision or determination is mailed or otherwise delivered
to the person or persons affected by the decision or determination. The Planning Director shall
provide a notice of final local action in accordance with Sections 21.201 .I60 and 21.201 .I70 of
this code, in addition to the director’s written decision.
D. Minor coastal permits for Second Dwelling Units are not appealable to the Planning
Commission or City Council.
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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 publication of general circulation in the City of Carlsbad within
fifteen days after its adoption. (Not withstanding the preceding, this ordinance shall not be
effective within the City’s Coastal Zone until approved by the California Coastal Commission.)
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
Council on the day of 2003, and thereafter.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the day of 2003, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
CLAUDE A. LEWIS, Mayor
ATTEST:
LORRAINE M. WOOD, City Clerk
(SEAL)
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