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HomeMy WebLinkAbout2017-07-19; Planning Commission; Resolution 7254 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 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONING CODE AMENDMENT AND LOCAL COASTAL PROGRAM AMENDMENT TO MAKE THE CITY’S REGULATION OF SECOND DWELLING UNITS (NOW KNOWN AS ACCESSORY DWELLING UNITS) CONSISTENT WITH THE CHANGES TO GOVERNMENT CODE SECTION 65852.2 MADE BY ASSEMBLY BILL 2299 (BLOOM) AND SENATE BILL 1069 (WIECKOWSKI). CASE NAME: SECOND DWELLING UNIT CODE AMENDMENT CASE NO: ZCA 2016-0001/LCPA 2016-0001 (PUB16Y-0002) WHEREAS, the City Planner has prepared a proposed Zoning Code Amendment and Local Coastal Program Amendment pursuant to Section 21.52.020 of the Carlsbad Municipal Code to amend its Second Dwelling Unit Ordinance (Carlsbad Municipal Code Section 21.10.030) as necessary to comply with the mandatory provisions of Assembly Bill 2299 (Bloom) and Senate Bill 1069 (Wieckowski): WHEREAS, the City Planner has prepared a Local Coastal Program Amendment, as provided in Public Resources Code Section 30514 and Section 13551 of California Code of Regulations Title 14, Division 5.5, to ensure consistency with the zoning ordinance; and WHEREAS, the proposed amendment is set forth in the draft City Council Ordinance, Exhibit A dated, July 19, 2017, and attached hereto ZCA 2016-0001/LCPA 2016-0001 SECOND DWELLING UNIT CODE AMENDMENT; and WHEREAS, the Planning Commission did on the 19th day of July, 2017, 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. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of ZCA 2016-0001/LCPA 2016-0001 SECOND DWELLING UNIT CODE AMENDMENT, based on the following findings: PLANNING COMMISSION RESOLUTION NO. 7254 PC RESO NO. 7254 -2- 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 Findings: 1. That the proposed Zone Code Amendment ZCA 2016-0001 is consistent with the General Plan in that Housing Element Program 3.15 – Alternative Housing commits the city to updating its second dwelling unit regulations consistent with the mandatory provisions of Assembly Bill 2299 (Bloom) and Senate Bill 1069 (Wieckowski). Additionally, the proposed amendments are consistent with of the General Plan, as described by the following policies: 2-G.4 – Provide balanced neighborhoods with a variety of housing types and density ranges to meet the diverse demographic, economic and social needs of residents, while ensuring a cohesive urban form with careful regard for compatibility. 2-P.6 – Encourage the provision of lower and moderate-income housing to meet the objectives of the Housing Element. 2. That the proposed ZCA reflects sound principles of good planning in that it ensures development will not conflict with state law. The proposed amendments are consistent with California Government Code 65852.2 and the changes made by AB 2299 and SB 1069, and fully implement the mandatory provisions of state law. 3. The proposed ZCA is consistent with the City's Growth Management Program in that it does not conflict with Growth Management dwelling unit limitations and performance standards to ensure public facilities and services keep pace with development; pursuant to Government Code 65852.2, accessory dwelling units shall not be considered in the application of any local ordinance, policy, or program to limit residential growth. 4. That the proposed Local Coastal Program Amendment meets the requirements of, and is in conformity with, the policies of Chapter 3 of the Coastal Act and all applicable policies of the Carlsbad Local Coastal Program not being amended by this amendment, in that the amendments ensure consistency with the Carlsbad Zoning Ordinance and state accessory dwelling unit regulations, and does not conflict with any coastal zone regulations, land use designations or policies, with which development must comply. 5. That the proposed amendment to the Carlsbad Local Coastal Program is required to bring it into consistency with the proposed Zoning Ordinance Amendment ZCA 2016-0001. 6. That the City Planner has determined that the project qualifies as an action that has been determined by the state Legislature pursuant to Section 21080.17 of the Public Resources Code and Section 15282(h) of the CEQA Guidelines to be statutorily exempt from CEQA. Division 13 of the Public Resources Code (CEQA) does not apply to the adoption of an ordinance by a city or county to implement the provisions of Section 65852.1 or Section 65852.2 of the Government Code. The proposed amendment implements changes to Section 65852.2 of the Government Code made by Assembly Bill 2299 (Bloom) and Senate Bill 1069 (Wieckowski). A notice of exemption will be filed. . . . . . . . . . EXHIBIT A JULY 19, 2017 Page 1 of 30 ORDINANCE NO. . AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING THE CITY’S REGULATION OF SECOND DWELLING UNITS (NOW KNOWN AS ACCESSORY DWELLING UNITS) CONSISTENT WITH CHANGES TO GOVERNMENT CODE SECTION 65852.2 MADE BY ASSEMBLY BILL 2299 (BLOOM) AND SENATE BILL 1069 (WIECKOWSKI). CASE NAME: SECOND DWELLING UNIT CODE AMENDMENT CASE NO.: MCA 17-0003/ZCA 2016-0001/LCPA 2016-0001 (PUB16Y-0002) WHEREAS, the Carlsbad Zoning Ordinance is the implementing ordinance of the Carlsbad Local Coastal Program, and therefore, an amendment to the Zoning Ordinance also constitutes an amendment to the Local Coastal Program; and WHEREAS, the City Planner has prepared a Zoning Code Amendment ZCA 2016-0001 and Local Coastal Program Amendment LCPA 2016-0001 pursuant to Section 21.52.020 of the Carlsbad Municipal Code, Section 30514 of the Public Resources Code, and Section 13551 of California Code of Regulations Title 14, Division 5, and a Municipal Code Amendment MCA 17-0003, to amend Section 21.10.030 of the Carlsbad Municipal Code as necessary to comply with the mandatory provisions of Assembly Bill 2299 (Bloom) and Senate Bill 1069 (Wieckowski); and WHEREAS, pursuant to California Coastal Commission Regulations, a six-week public review period for the Local Coastal Program Amendment began on June 2, 2017 and ended on July 21, 2017; and WHEREAS, on July 19, 2017, the Planning Commission held a duly noticed public hearing as prescribed by law to consider ZCA 2016-0001/LCPA 2016-0001; and WHEREAS, the Planning Commission adopted Planning Commission Resolution No. 7254 recommending to the City Council that ZCA 2016-0001/LCPA 2016-0001 be approved; and WHEREAS, the City Council of the City of Carlsbad held a duly noticed public hearing as prescribed by law to consider the MCA 17-0003/ZCA 2016-0001/LCPA 2016-0001; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, the City Council considered all factors, including written public comments, if any, related to MCA 17-0003/ZCA 2016-0001/LCPA 2016-0001; and WHEREAS, the findings of the Planning Commission in Resolution No. 7254 constitute the findings of the City Council in this matter. Page 2 of 30 NOW, THEREFORE, the City Council of the City of Carlsbad, California, ordains as follows that: 1. That the above recitations are true and correct. 2. That throughout Title 20 and Title 21 of the Carlsbad Municipal Code, the term second dwelling unit is replaced with the term accessory dwelling unit, and the term second dwelling units is replaced with the term accessory dwelling units. 3. That section 21.04.121 is added to the Carlsbad Municipal Code as follows: 21.04.121 Dwelling unit, accessory A. Accessory dwelling unit means a residential dwelling unit that is all of the following: 1. Located on a lot zoned for residential use, and the lot contains a single one-family dwelling and no other dwelling; and 2. Either detached from or attached to a one-family dwelling, or converted from the existing space of a one-family dwelling or accessory structure; and 3. A dwelling that provides complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. B. If consistent with subsection A of this definition, the following may be considered an accessory dwelling unit: 1. An efficiency unit, as defined in Section 17958.1 of California Health and Safety Code. 2. A manufactured home, as defined in Section 18007 of California Health and Safety Code. 4. That section 21.04.303 of the Carlsbad Municipal Code is deleted, and throughout Title 21 of the Carlsbad Municipal Code, section references to 21.04.303 are replaced by section references to 21.04.121. 5. That section 21.08.060 of the Carlsbad Municipal Code is amended as follows: 21.08.060 Placement of buildings. A. Placement of buildings on any lot shall conform to the following: 1. Interior Lots. a. No building shall occupy any portion of a required yard; b. Any building, any portion of which is used for human habitation, shall observe a distance from any side lot line the equivalent of the required side yard on such lot and from the rear property Page 3 of 30 line the equivalent of twice the required side yard on such lot, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030; c. The distance between buildings used for human habitation and between buildings used for human habitation and accessory buildings shall not be less than ten feet; d. All accessory structures shall comply with the following development standards: i. The lot coverage shall include accessory structures in the lot coverage calculations for the lot, ii. The distance between buildings used for human habitation and accessory buildings shall be not less than ten feet, iii. When proposed on a lot adjoining native vegetation, accessory structures within a fire suppression zone must be reviewed and approved by the fire department, iv. Accessory buildings, by definition, do not share a common wall with the main dwelling unit structure, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030, v. Buildings shall not exceed one story, vi. Building height shall not exceed fourteen feet if a minimum roof pitch of 3:12 is provided or ten feet if less than a 3:12 roof pitch is provided; e. Accessory dwelling units constructed above detached garages, pursuant to Section 21.10.030 are not subject to the one-story/fourteen-foot height limitation imposed on accessory structures; f. Habitable detached accessory structures shall comply with all requirements of the zone applicable to placement of a dwelling unit on a lot including setbacks, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030; g. Detached accessory structures which are not dwelling units and contain no habitable space, including, but not limited to, garages, workshops, tool sheds, decks over thirty inches above grade and freestanding patio covers shall comply with the following additional development standards when located within a lot’s required setback areas: i. The maximum allowable building area per structure shall not exceed a building coverage of four hundred forty square feet, Page 4 of 30 ii. The following setbacks shall apply: a front yard setback of twenty feet, a rear yard setback of five feet, a side yard setback of five feet and an alley setback of five feet, iii. The maximum plumbing drain size shall be one and one-half inches in diameter so as to prohibit toilets, showers, bathtubs and other similar fixtures, iv. The additional development standards listed above (subsections (A)(1)(g)(i) through (iii) of this section) shall apply to the entire subject accessory structure, not just the portion encroaching into a lot’s setback area; and h. The provisions of this section are applicable notwithstanding the permit requirements contained in Section 18.04.015. 2. Corner Lots and Reversed Corner Lots. a. No building shall occupy any portion of a required yard; b. The distance between buildings used for human habitation and between buildings used for human habitation and accessory buildings shall not be less than ten feet; c. Any building, any portion of which is used for human habitation, shall observe a distance from the rear property line the equivalent of twice the required interior side yard on such lot, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030; d. All accessory structures shall comply with the following development standards: i. The lot coverage shall include accessory structures in the lot coverage calculations for the lot, ii. The distance between buildings used for human habitation and accessory buildings shall be not less than ten feet, iii. When proposed on a lot adjoining native vegetation, accessory structures within a fire suppression zone must be reviewed and approved by the fire department, iv. Accessory buildings, by definition, do not share a common wall with the main dwelling unit structure, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030, v. Buildings shall not exceed one story, vi. Building height shall not exceed fourteen feet if a minimum roof pitch of 3:12 is provided or ten feet if less than a 3:12 roof pitch is provided; Page 5 of 30 e. Accessory dwelling units constructed above detached garages, pursuant to Section 21.10.030 are not subject to the one-story/fourteen-foot height limitation imposed on accessory structures; f. Habitable detached accessory structures shall comply with all requirements of the zone applicable to placement of a dwelling unit on a lot including setbacks, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030; g. Detached accessory structures which are not dwelling units and contain no habitable space, including, but not limited to, garages, workshops, tool sheds, decks over thirty inches above grade and freestanding patio covers shall comply with the following additional development standards when located within a lot’s required setback areas: i. The maximum allowable building area per structure shall not exceed a building coverage of four hundred forty square feet, ii. The following setbacks shall apply: a front yard setback of twenty feet, a rear yard setback of five feet, a side yard setback of five feet and an alley setback of five feet, iii. The maximum plumbing drain size shall be one and one-half inches in diameter so as to prohibit toilets, showers, bathtubs and other similar fixtures, iv. The additional development standards listed above (subsections (A)(2)(g)(i) through (iii) of this section) shall apply to the entire subject accessory structure, not just the portion encroaching into a lot’s setback area; and h. The provisions of this section are applicable notwithstanding the permit requirements contained in Section 18.04.015. 6. That the second dwelling units use listed within Table A of section 21.09.020 of the Carlsbad Municipal Code is amended as follows: Use P CUP Acc Accessory dwelling units (subject to Section 21.10.030) X 7. That section 21.09.100 of the Carlsbad Municipal Code is amended as follows: 21.09.100 Placement of buildings. Placement of buildings on any lot shall conform to the following: (1) Except as permitted by Sections 21.09.080 and 21.09.090, no building shall occupy any portion of a required yard. Page 6 of 30 (2) Any building, any portion of which is used for human habitation, shall observe a distance from any rear property line the equivalent of twice the required interior side yard, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030. (3) The distance between buildings used for human habitation and detached accessory buildings shall not be less than ten feet. (4) The keeping of all domestic animals provided for in this chapter shall conform to all other provisions of law governing the same, and no pen, coop, stable or barn shall be erected within forty feet of any building used for human habitation or within twenty-five feet of any property line. (5) A building permit for a dwelling unit to be located further than five hundred feet from a fire hydrant shall not be issued without the approval of the fire chief. The fire chief may require the installation of additional safety equipment, including fire hydrants or stand pipes, as a condition of such approval. 8. That the list of sections for chapter 21.10 of the Carlsbad Municipal Code is amended as follows: Sections: 21.10.010 Intent and purpose 21.10.020 Permitted uses 21.10.030 Accessory dwelling units 21.10.040 Home occupations 21.10.050 Building height 21.10.060 Front yard 21.10.070 Side yards 21.10.080 Placement of buildings 21.10.090 Minimum lot area 21.10.100 Lot width 21.10.110 Lot coverage 21.10.120 Development standards 21.10.125 Farmworker housing complex standards 21.10.130 Severability Page 7 of 30 9. That section 21.10.030 of the Carlsbad Municipal Code is amended as follows: 21.10.030 Accessory 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 accessory dwelling units. B. The provisions of this section shall apply only to lots that: 1. Are zoned for residential use (where residential use is the primary intended use of the zone); and 2. Contain, or are proposed to contain, a single one-family dwelling (primary dwelling) and no other dwellings exists on the lot. C. Permit requirements. 1. Accessory dwelling units developed within the coastal zone are subject to the permit requirements of Chapter 21.201 and require a building permit. 2. Accessory dwelling units outside of the coastal zone require a building permit. 3. The completed application for an accessory dwelling unit shall include the following information: a. The name(s) of the owner(s); b. The address of the dwelling units; c. The assessor’s parcel number; d. Building elevations and a general floor plan of the accessory dwelling unit; e. A scaled drawing showing the lot dimensions, the location of the primary and accessory dwelling unit, location of all vehicular parking and the total square footage of both units; f. Description and location of water and sanitary (sewer) services; and Page 8 of 30 g. An owner signed and notarized a notice of restriction, to be recorded against the property, declaring that: i. The property owner(s) shall reside in either the primary dwelling unit or the accessory dwelling unit, unless a lessee leases both the primary dwelling and the accessory dwelling unit; and ii. The obligations and restrictions imposed on the accessory dwelling unit per this chapter are binding on all present and future property owners. 4. All applications for accessory dwelling units shall be acted on ministerially, without discretionary review or a hearing (notwithstanding concurrent applications such as a variance or special use permit), within 120 days after submittal of the permit application. 5. Notwithstanding the requirements of subsection D of this section, a building permit application for an accessory dwelling unit shall be approved ministerially, and no new or separate utility connection shall be required between the accessory dwelling unit and the utility, and no related utility connection fee or capacity charge shall be required, if: a. The accessory dwelling unit is converted from the existing space of the primary dwelling unit or an accessory structure (this applies only to primary dwellings and accessory structures that existed on the lot at the time of application submittal); and b. The accessory dwelling unit has independent exterior access from the primary dwelling; and c. Side and rear setbacks are sufficient for fire safety. 6. No other local ordinance, policy, or regulation shall be the basis for the denial of a building permit or minor coastal development permit under this section. D. Requirements for accessory dwelling units. 1. An accessory dwelling unit shall only be permitted on a lot that: a) is zoned for residential use (where residential use is the primary intended use of the zone), and b) contains a single one-family dwelling (primary dwelling) and no other dwelling exists on the lot (if no primary dwelling Page 9 of 30 exists, a primary one-family dwelling shall be constructed prior to or concurrent with the accessory dwelling unit). 2. The accessory dwelling unit shall be located on the same lot as the primary dwelling unit and may be detached, attached or converted from the existing space of the primary dwelling unit or an accessory structure. 3. The total area of floor space for a detached accessory dwelling unit shall not exceed six hundred forty square feet. For accessory dwelling units that are attached or converted from the existing space of the primary dwelling unit or an accessory structure, the total area of floor space shall not exceed fifty percent of the living area of the primary dwelling unit, up to six hundred forty square feet. 4. The accessory dwelling unit must meet the setback, lot coverage and other development standards applicable to the zone which are not addressed within this section. In the coastal zone, accessory dwelling units shall be consistent with all certified local coastal program provisions, with the exception of density, or as otherwise specified within this section. 5. Attached accessory dwelling units shall conform to the height limits applicable to the zone and detached accessory dwelling units shall be limited to one story, except that accessory dwelling units constructed above detached garages shall be permitted and shall conform to the height limits applicable to the zone. 6. No setback shall be required for an existing garage that is converted to an accessory dwelling unit, and a setback of no more than five feet from the side and rear lot lines shall be required for an accessory dwelling unit that is constructed above a garage that existed prior to January 1, 2017. 7. The accessory dwelling unit shall have an exterior access that is independent from the exterior access to the primary dwelling. 8. A pathway from the street to the entrance of an accessory dwelling unit shall not be required. Page 10 of 30 9. The accessory dwelling unit shall be architecturally compatible with the main dwelling unit, in terms of appearance, materials and finished quality. 10. Parking for the primary dwelling unit and the accessory dwelling unit shall be provided pursuant to Chapter 21.44 of this title, except as follows: a. An existing parking structure, including a garage, may be converted to an accessory dwelling unit or demolished in conjunction with the construction of an accessory dwelling unit. Any loss of required parking for the primary dwelling shall be replaced; the replacement spaces are not required to be provided in a garage and may be located in any configuration on the lot, including but not limited to covered, uncovered or tandem spaces, or by the use of mechanical automobile parking lifts. b. Parking for an accessory dwelling unit shall not be required in the following instances: i. The accessory dwelling unit is proposed to be converted from the existing space of the primary dwelling unit or an accessory structure. ii. The location of the proposed accessory dwelling unit is within one-half mile of a major transit stop as defined in the California Public Resources Code (subdivision (b) of Section 21155). iii. The location of the proposed accessory dwelling unit is within one block of a designated car share pick up and drop off location. iv. The location of the proposed accessory dwelling unit is within an architecturally and historically significant historic district. v. When on-street parking permits are required but not offered to the occupant of the proposed accessory dwelling. 11. Adequate water and sewer capacity and facilities for the accessory dwelling unit must be available or made available. Accessory dwelling units shall not be considered new residential uses for the purposes of calculating connection fees or capacity charges for utilities. Any utility connection fee or charge shall be proportionate to the burden of the proposed accessory dwelling unit upon the Page 11 of 30 water or sewer system; and the fee or charge shall not exceed the reasonable cost of providing the service. 12. All necessary public facilities and services must be available or made available. 13. Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary dwelling unit. 14. Carlsbad building code requirements that apply to detached one-family dwellings shall apply to accessory dwelling units as appropriate. 15. The accessory 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 accessory 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. 16. An accessory dwelling unit: a. Shall be considered a residential accessory use or accessory structure that is consistent with the general plan or zoning designations for the lot; b. Shall not be considered a dwelling unit when implementing general plan residential density policies; and c. Shall not be considered a dwelling unit when implementing the dwelling unit limitations established by Proposition E enacted by Carlsbad voters on November 4, 1986. 17. Accessory dwelling units intended to satisfy an inclusionary requirement shall comply with the requirements of Chapter 21.85, including but not limited to the applicable rental rates and income limit standards. 10. That section 21.10.080 of the Carlsbad Municipal Code is amended as follows: 21.10.080 Placement of buildings. A. Placement of buildings on any lot shall conform to the following: Page 12 of 30 1. Interior Lots. a. No building shall occupy any portion of a required yard; b. Any building, any portion of which is used for human habitation, shall observe a distance from any side lot line the equivalent of the required side yard and from the rear property line the equivalent of twice the required side yard on such lot, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030; c. The distance between buildings used for human habitation and between buildings used for human habitation and accessory buildings shall be not less than ten feet; d. All accessory structures shall comply with the following development standards: i. The lot coverage shall include accessory structures in the lot coverage calculations for the lot, ii. The distance between buildings used for human habitation and accessory buildings shall be not less than ten feet, iii. When proposed on a lot adjoining native vegetation, accessory structures within a fire suppression zone must be reviewed and approved by the fire department, iv. Accessory buildings, by definition, do not share a common wall with the main dwelling unit structure, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030, v. Buildings shall not exceed one story, vi. Building height shall not exceed fourteen feet if a minimum roof pitch of 3:12 is provided or ten feet if less than a 3:12 roof pitch is provided; e. Accessory dwelling units constructed above detached garages, pursuant to Section 21.10.030 are not subject to the one-story/fourteen-foot height limitation imposed on accessory structures; Page 13 of 30 f. Habitable detached accessory structures shall comply with all requirements of the zone applicable to placement of a dwelling unit on a lot including setbacks, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030; g. Detached accessory structures which are not dwelling units and contain no habitable space, including, but not limited to, garages, workshops, tool sheds, decks over thirty inches above grade and freestanding patio covers shall comply with the following additional development standards when located within a lot’s required setback areas: i. The maximum allowable building area per structure shall not exceed a building coverage of four hundred forty square feet, ii. The following setbacks shall apply: a front yard setback of twenty feet, a rear yard setback of five feet, a side yard setback of five feet, and an alley setback of five feet, iii. The maximum plumbing drain size shall be one and one-half inches in diameter so as to prohibit toilets, showers, bathtubs and other similar fixtures, iv. The additional development standards listed above (subsections (A)(1)(g)(i) through (iii) of this section) shall apply to the entire subject accessory structure, not just the portion encroaching into a lot’s setback area; and h. The provisions of this section are applicable notwithstanding the permit requirements contained in Section 18.04.015. 2. Corner Lot and Reversed Corner Lots. a. No building shall occupy any portion of a required yard; b. The distance between buildings used for human habitation and between buildings used for human habitation and accessory buildings shall be not less than ten feet; c. Any building, any portion of which is used for human habitation shall observe a distance from the rear property line to the equivalent of twice the required interior side yard on such lot, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030; d. All accessory structures shall comply with the following development standards: Page 14 of 30 i. The lot coverage shall include accessory structures in the lot coverage calculations for the lot, ii. The distance between buildings used for human habitation and accessory buildings shall be not less than ten feet, iii. When proposed on a lot adjoining native vegetation, accessory structures within a fire suppression zone must be reviewed and approved by the fire department, iv. Accessory buildings, by definition, do not share a common wall with the main dwelling unit structure, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030, v. Buildings shall not exceed one story, vi. Building height shall not exceed fourteen feet if a minimum roof pitch of 3:12 is provided or ten feet if less than a 3:12 roof pitch is provided; e. Accessory dwelling units constructed above detached garages, pursuant to Section 21.10.030 are not subject to the one-story/fourteen-foot height limitation imposed on accessory structures; f. Habitable detached accessory structures shall comply with all requirements of the zone applicable to placement of a dwelling unit on a lot including setbacks, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030; g. Detached accessory structures which are not dwelling units and contain no habitable space, including, but not limited to, garages, workshops, tool sheds, decks over thirty inches above grade and freestanding patio covers shall comply with the following additional development standards when located within a lot’s required setback areas: i. The maximum allowable building area per structure shall not exceed a building coverage of four hundred forty square feet, ii. The following setbacks shall apply: a front yard setback of twenty feet, a rear yard setback of five feet, a side yard setback of five feet, and an alley setback of five feet, Page 15 of 30 iii. The maximum plumbing drain size shall be one and one-half inches in diameter so as to prohibit toilets, showers, bathtubs and other similar fixtures, iv. The additional development standards listed above (subsections (A)(2)(g)(i) through (iii) of this section) shall apply to the entire subject accessory structure, not just the portion encroaching into a lot’s setback area; and h. The provisions of this section are applicable notwithstanding the permit requirements contained in Section 18.04.015. 11. That section 21.12.060 of the Carlsbad Municipal Code is amended as follows: 21.12.060 Placement of buildings. A. Placement of buildings on any lot shall conform to the following: 1. Interior Lots. a. No building shall occupy any portion of a required yard; b. Any building, any portion of which is used for human habitation, shall observe a distance from any side lot line the equivalent of the required side yard on such lot and from the rear property line the equivalent of twice the required side yard on the same lot, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030; c. The distance between buildings used for human habitation and between buildings used for human habitation and accessory buildings shall be not less than ten feet; d. All accessory structures shall comply with the following development standards: i. The lot coverage shall include accessory structures in the lot coverage calculations for the lot, ii. The distance between buildings used for human habitation and accessory buildings shall be not less than ten feet, iii. When proposed on a lot adjoining native vegetation, accessory structures within a fire suppression zone must be reviewed and approved by the fire department, Page 16 of 30 iv. Accessory buildings, by definition, do not share a common wall with the main dwelling unit structure, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030, v. Buildings shall not exceed one story, vi. Building height shall not exceed fourteen feet if a minimum roof pitch of 3:12 is provided or ten feet if less than a 3:12 roof pitch is provided; e. Accessory dwelling units constructed above detached garages, pursuant to Section 21.10.030 are not subject to the one-story/fourteen-foot height limitation imposed on accessory structures; f. Habitable detached accessory structures shall comply with all requirements of the zone applicable to placement of a dwelling unit on a lot including setbacks, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030; g. Detached accessory structures which are not dwelling units and contain no habitable space, including, but not limited to, garages, workshops, tool sheds, decks over thirty inches above grade and freestanding patio covers shall comply with the following additional development standards when located within a lot’s required setback areas: i. The maximum allowable building area per structure shall not exceed a building coverage of four hundred forty square feet, ii. The following setbacks shall apply: a front yard setback of twenty feet, a rear yard setback of five feet, a side yard setback of five feet, and an alley setback of five feet, iii. The maximum plumbing drain size shall be one and one-half inches in diameter so as to prohibit toilets, showers, bathtubs and other similar fixtures; and iv. The additional development standards listed above (subsections (A)(1)(g)(i) through (iii) of this section) shall apply to the entire subject accessory structure, not just the portion encroaching into a lot’s setback area; and Page 17 of 30 h. The provisions of this section are applicable notwithstanding the permit requirements contained in Section 18.04.015. 2. Corner Lots and Reversed Corner Lots. a. No building shall occupy any portion of a required yard; b. The distance between buildings used for human habitation and between buildings used for human habitation and accessory buildings shall be not less than ten feet; c. Any building, any portion of which is used for human habitation shall observe a distance from the rear property line the equivalent of twice the required interior side yard on such lot, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030; d. All accessory structures shall comply with the following development standards: i. The lot coverage shall include accessory structures in the lot coverage calculations for the lot, ii. The distance between buildings used for human habitation and accessory buildings shall be not less than ten feet, iii. When proposed on a lot adjoining native vegetation, accessory structures within a fire suppression zone must be reviewed and approved by the fire department, iv. Accessory buildings, by definition, do not share a common wall with the main dwelling unit structure, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030, v. Buildings shall not exceed one story, vi. Building height shall not exceed fourteen feet if a minimum roof pitch of 3:12 is provided or ten feet if less than a 3:12 roof pitch is provided; e. Accessory dwelling units constructed above detached garages, pursuant to Section 21.10.030 are not subject to the one-story/fourteen-foot height limitation imposed on accessory structures; Page 18 of 30 f. Habitable detached accessory structures shall comply with all requirements of the zone applicable to placement of a dwelling unit on a lot including setbacks, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030; g. Detached accessory structures, which are not dwelling units and contain no habitable space, including, but not limited to, garages, workshops, tool sheds, decks over thirty inches above grade and freestanding patio covers shall comply with the following additional development standards when located within a lot’s required setback areas: i. The maximum allowable building area per structure shall not exceed a building coverage of four hundred forty square feet, ii. The following setbacks shall apply: a front yard setback of twenty feet, a rear yard setback of five feet, a side yard setback of five feet, and an alley setback of five feet, iii. The maximum plumbing drain size shall be one and one-half inches in diameter so as to prohibit toilets, showers, bathtubs and other similar fixtures, and iv. The additional development standards listed above (subsections (A)(2)(g)(i) through (iii) of this section) shall apply to the entire subject accessory structure, not just the portion encroaching into a lot’s setback area; and h. The provisions of this section are applicable notwithstanding the permit requirements contained in Section 18.04.015. 12. That section 21.16.060 of the Carlsbad Municipal Code is amended as follows: 21.16.060 Placement of buildings. A. Placement of buildings on any lot shall conform to the following: 1. Interior Lots. a. No building shall occupy any portion of a required yard; b. Any building, any portion of which is used for human habitation shall observe a distance from any side lot line the equivalent of the required side yard on such lot and from the rear property Page 19 of 30 line the equivalent of twice the required side yard on such lot, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030; c. The distance between buildings used for human habitation and between buildings used for human habitation and accessory buildings shall be not less than ten feet; d. All accessory structures shall comply with the following development standards: i. The lot coverage shall include accessory structures in the lot coverage calculations for the lot, ii. The distance between buildings used for human habitation and accessory buildings shall be not less than ten feet, iii. When proposed on a lot adjoining native vegetation, accessory structures within a fire suppression zone must be reviewed and approved by the fire department, iv. Accessory buildings, by definition, do not share a common wall with the main dwelling unit structure, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030, v. Buildings shall not exceed one story, vi. Building height shall not exceed fourteen feet if a minimum roof pitch of 3:12 is provided or ten feet if less than a 3:12 roof pitch is provided; e. Accessory dwelling units constructed above detached garages, pursuant to Section 21.10.030 are not subject to the one-story/fourteen-foot height limitation imposed on accessory structures; f. Habitable detached accessory structures shall comply with all requirements of the zone applicable to placement of a dwelling unit on a lot including setbacks, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030; g. Detached accessory structures which are not dwelling units and contain no habitable space, including, but not limited to, garages, workshops, tool sheds, decks over thirty inches above Page 20 of 30 grade and freestanding patio covers shall comply with the following additional development standards when located within a lot’s required setback areas: i. The maximum allowable building area per structure shall not exceed a building coverage of four hundred forty square feet, ii. The following setbacks shall apply: A front yard setback of twenty feet, a rear yard setback of five feet, a side yard setback of five feet, and an alley setback of five feet, iii. The maximum plumbing drain size shall be one and one-half inches in diameter so as to prohibit toilets, showers, bathtubs and other similar fixtures; iv. The additional development standards listed above (subsections (A)(1)(g)(i) through (iii) of this section) shall apply to the entire subject accessory structure, not just the portion encroaching into a lot’s setback area; and h. The provisions of this section are applicable notwithstanding the permit requirements contained in Section 18.04.015. 2. Corner Lots and Reversed Corner Lots. a. No building shall occupy any portion of a required yard; b. The distance between buildings used for human habitation and between buildings used for human habitation and accessory buildings shall be not less than ten feet; c. Any building, any portion of which is used for human habitation shall observe a distance from the rear property line the equivalent of twice the required interior side yard on such lot, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030; d. All accessory structures shall comply with the following development standards: i. The lot coverage shall include accessory structures in the lot coverage calculations for the lot, ii. The distance between buildings used for human habitation and accessory buildings shall be not less than ten feet, Page 21 of 30 iii. When proposed on a lot adjoining native vegetation, accessory structures within a fire suppression zone must be reviewed and approved by the fire department, iv. Accessory buildings, by definition, do not share a common wall with the main dwelling unit structure, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030, v. Buildings shall not exceed one story, vi. Building height shall not exceed fourteen feet if a minimum roof pitch of 3:12 is provided or ten feet if less than a 3:12 roof pitch is provided; e. Accessory dwelling units constructed above detached garages, pursuant to Section 21.10.030 are not subject to the one-story/fourteen-foot height limitation imposed on accessory structures; f. Habitable detached accessory structures shall comply with all requirements of the zone applicable to placement of a dwelling unit on a lot including setbacks, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030; g. Detached accessory structures which are not dwelling units and contain no habitable space, including, but not limited to, garages, workshops, tool sheds, decks over thirty inches above grade and freestanding patio covers shall comply with the following additional development standards when located within a lot’s required setback areas: i. The maximum allowable building area per structure shall not exceed a building coverage of four hundred forty square feet, ii. The following setbacks shall apply: A front yard setback of twenty feet, a rear yard setback of five feet, a side yard setback of five feet, and an alley setback of five feet, iii. The maximum plumbing drain size shall be one and one-half inches in diameter so as to prohibit toilets, showers, bathtubs and other similar fixtures, Page 22 of 30 iv. The additional development standards listed above (subsections (A)(2)(g)(i) through (iii) of this section) shall apply to the entire subject accessory structure, not just the portion encroaching into a lot’s setback area; and h. The provisions of this section are applicable notwithstanding the permit requirements contained in Section 18.04.015. 13. That subsections A.7 through A.12 of section 21.18.030 of the Carlsbad Municipal Code are amended as follows: 7. 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 ten 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; d. Accessory buildings, by definition, do not share a common wall with the main dwelling unit structure, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030; e. Buildings shall not exceed one story; and f. Building height shall not exceed fourteen feet if a minimum roof pitch of 3:12 is provided or ten feet if less than a 3:12 roof pitch is provided. 8. Accessory dwelling units constructed above detached garages, pursuant to Section 21.10.030 are not subject to the one-story/fourteen-foot height limitation imposed on accessory structures. 9. Habitable detached accessory structures shall comply with all requirements of the zone applicable to placement of a dwelling unit of a lot including setbacks, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030. Page 23 of 30 10. Detached accessory structures, which are not dwelling units and contain no habitable space, including, but not limited to, garages, workshops, tool sheds, decks over thirty inches above grade and freestanding patio covers shall comply with the following additional development standards when located within a lot’s required setback areas: a. The maximum allowable building area per structure shall not exceed a building coverage of four hundred forty square feet; b. The following setbacks shall apply: A front yard setback of twenty feet, a rear yard setback of five feet, a side yard setback of five feet, and an alley setback of five feet; c. The maximum plumbing drain size shall be one and one-half inches in diameter so as to prohibit toilets, showers, bathtubs and other similar fixtures; and d. The additional development standards listed above (subsections A.10.a. through c. of this section) shall apply to the entire subject accessory structure, not just the portion encroaching into a lot’s setback area. 11. The provisions of this section are applicable notwithstanding the permit requirements contained in Section 18.04.015. 12. Except for an accessory structure which is not a dwelling unit and contains no habitable space and complies with the development standards specified in this chapter, no building shall be located in any of the required yards, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030. 14. That the second dwelling units use listed within Table A of section 21.20.010 of the Carlsbad Municipal Code is amended as follows: Use P CUP Acc Accessory dwelling units are permitted according to the provisions of Section 21.10.030 of this title on lots which are developed with a detached single- family residence. X Page 24 of 30 15. That subsections (1) and (2) of section 21.20.080 of the Carlsbad Municipal Code are amended as follows: (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 ten 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. (D) Accessory buildings, by definition, do not share a common wall with the main dwelling unit structure, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030. (E) Buildings shall not exceed one story. (F) Building height shall not exceed fourteen feet if a minimum roof pitch of 3:12 is provided or ten feet if less than a 3:12 roof pitch is provided. (G) Accessory dwelling units constructed above detached garages, pursuant to Section 21.10.030 are not subject to the one-story/fourteen-foot height limitation imposed on accessory structures. (2) Habitable detached accessory structures shall comply with all requirements of the zone applicable to placement of a dwelling unit on a lot including setbacks, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030. 16. That subsections A and B of section 21.22.070 of the Carlsbad Municipal Code are amended as follows: A. All accessory structures shall comply with the following development standards: 1. The lot coverage shall include accessory structures in the lot coverage calculations for the lot; Page 25 of 30 2. The distance between buildings used for human habitation and accessory buildings shall be not less than ten feet; 3. 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. Accessory buildings, by definition, do not share a common wall with the main dwelling unit structure, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030; 5. Buildings shall not exceed one story; 6. Building height shall not exceed fourteen feet if a minimum roof pitch of 3:12 is provided or ten feet if less than a 3:12 roof pitch is provided; and 7. Accessory dwelling units constructed above detached garages, pursuant to Section 21.10.030 are not subject to the one-story/fourteen-foot height limitation imposed on accessory structures. B. Habitable detached accessory structures shall comply with all requirements of the zone applicable to placement of a dwelling unit on a lot including setbacks, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030. 17. That subsections A through C of section 21.24.090 of the Carlsbad Municipal Code are amended as follows: A. All accessory structures shall comply with the following development standards: 1. The lot coverage shall include accessory structures in the lot coverage calculations for the lot; 2. The distance between buildings used for human habitation and accessory buildings shall be not less than ten feet; 3. When proposed on a lot adjoining native vegetation, accessory structures within a fire suppression zone must be reviewed and approved by the fire department; Page 26 of 30 4. Accessory buildings, by definition, do not share a common wall with the main dwelling unit structure, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030; 5. Buildings shall not exceed one story; and 6. Building height shall not exceed fourteen feet if a minimum roof pitch of 3:12 is provided or ten feet if less than a 3:12 roof pitch is provided. B. Accessory dwelling units constructed above detached garages, pursuant to Section 21.10.030 are not subject to the one-story/fourteen-foot height limitation imposed on accessory structures. C. Habitable detached accessory structures shall comply with all requirements of the zone applicable to placement of a dwelling unit on a lot including setbacks, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030. 18. That the number of off-street parking spaces required for one-family dwellings is amended within Table A of section 21.44.020 of the Carlsbad Municipal Code as follows: One-family dwellings Two spaces per unit, provided as either: • A two-car garage (minimum interior 20 feet × 20 feet); or • Two separate one-car garages (minimum interior 12 feet × 20 feet each); or • As otherwise permitted, pursuant to Section 21.10.030 of this title, when a garage is converted to an accessory dwelling unit. 19. That the number of off-street parking spaces required for second dwelling units is amended within Table A of section 21.44.020 of the Carlsbad Municipal Code as follows: Accessory dwelling units 1 space (covered or uncovered), in addition to the parking required for the primary use (single, one-family dwelling); unless otherwise specified in Section 21.10.030 of this code. The additional parking space may be provided through tandem parking on a driveway and may be within the front or side yard setback. Page 27 of 30 20. That the location standards for required parking spaces for second dwelling units are amended within Table C of section 21.44.060 of the Carlsbad Municipal Code as follows: Accessory dwelling units Same as parking required for primary residential use, with the following exceptions: • May be located in the front or side yard setback; and • May be located as a tandem space on a driveway. 21. That Table D of section 21.44.060 of the Carlsbad Municipal Code is amended as follows: Table D – Residential Garage Standards Type Garage Standard One-car garage Minimum interior dimensions of 12 feet by 20 feet. Two-car garage (both spaces for same unit) Minimum interior dimensions of 20 feet by 20 feet. Multiple one-car garages in one structure Each separate, one-car garage shall have interior dimensions of 12 feet by 20 feet, exclusive of supporting columns. As a minimum, each space shall be separated from the adjacent garage, floor to ceiling, by a permanent stud partition with ½- inch gypsum board on one side, where no additional fire protection is required. Enclosed parking garage with multiple, open parking spaces Each parking space shall maintain a standard stall size of 8.5 feet by 20 feet, exclusive of supporting columns or posts. A backup distance of 24 feet shall be maintained in addition to a minimum 5 feet turning bump-out located at the end of any stall series. 22. That within Table E of section 21.44.060 of the Carlsbad Municipal Code, for passenger vehicles, and light-duty commercial vehicles used as a principal means of transportation by an occupant of the dwelling, the standard for where vehicles can be parked for one- family dwellings on individual lots is amended as follows: One-family dwellings on individual lots (in addition to parking spaces required pursuant to Table A of this chapter or as otherwise permitted pursuant to Section 21.10.030 of this code) In the required front yard on a paved driveway or parking area that: 1. Does not exceed 30% of the required front yard area; or 2. Is comprised of 24 feet of width extended from the property line to the rear of the required front yard, whichever is greater. A paved area between the required front yard and the actual front of the building, as long as it is an extension and does not exceed the width of the area described above. Page 28 of 30 Any other area of the lot provided that they are screened from view from the public right-of-way. For corner lots, the provisions of this subsection shall apply to the required street side yard; however, in no case, shall the provisions of this section allow parking in both the required front yard and the required street side yard. 23. That the notes to Table F of subsection B of section 21.45.090 of the Carlsbad Municipal Code are amended as follows: Notes: (1) Maximum building height is 1 story and 14 feet with a 3:12 roof pitch or 10 feet with less than a 3:12 roof pitch. (2) Minimum 10-foot separation required between a habitable building and any other detached accessory building/structure. (3) Must be architecturally compatible with the existing structure. (4) Except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030. 24. That subsections A and B.1 of section 21.201.060 of the Carlsbad Municipal Code are amended as follows: A. For the purposes of subsection B.1 of this section, an existing single-family residential building shall include: 1. All appurtenances and other accessory structures, including decks, directly attached to the residence; 2. Accessory structures or improvements on the property normally associated with residences, such as garages, swimming pools, fences and storage sheds, but not including guest houses or self-contained residential units that are detached from an existing single-family residential building; 3. Landscaping on the lot. B. Exemptions. The following projects are exempt from the requirements of a minor coastal development permit and coastal development permit: 1. Improvements to an existing single-family residential building, including an accessory dwelling unit that is attached to the primary residence, or converted from the existing space of a primary residence or accessory structure, except: a. On a beach, wetland or seaward of the mean high tide line; Page 29 of 30 b. Where the residence or proposed improvement would encroach within fifty feet of the edge of a coastal bluff; c. Improvements that would result in an increase of ten percent or more of internal floor area of an existing structure or an additional improvement of ten percent or less where an improvement to the structure had previously been undertaken pursuant to Public Resources Code Section 30610(a), or an increase in height by more than ten percent of an existing structure and/or any significant nonattached structure such as garages, fences, shoreline protective works or docks, and such improvements are to property located: i. Between the sea and the first public road paralleling the sea; ii. Within three hundred feet of the inland extent of any beach or of the mean high tide of the sea where there is no beach, whichever is the greater distance; or iii. In significant scenic resources areas as designated by the commission. d. Any significant alteration of land forms including removal or placement of vegetation on a beach, wetland, or sand dune, or within fifty feet of the edge of a coastal bluff except as provided in subsections B.8, B.9, B.10 and B.11 of this section; e. Expansion or construction of water wells or septic systems. EFFECTIVE DATE: This ordinance shall apply to building permit and minor coastal development permit applications for accessory dwelling units that are received after the effective date of this ordinance, as described below. Outside the Coastal Zone, this ordinance shall be effective thirty days after its adoption; and the City Clerk shall certify the adoption of this ordinance and cause the full text of the ordinance or a summary of the ordinance prepared by the City Attorney to be published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption. Within the Coastal Zone, this ordinance shall not be effective until LCPA 2016-0001 is approved by the California Coastal Commission. Page 30 of 30 INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the ______ day of __________, 2016, and thereafter PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the ______ day of ____________________, 2016, by the following vote, to wit: AYES: NOES: ABSENT: APPROVED AS TO FORM AND LEGALITY: _________________________________ CELIA A. BREWER, City Attorney _________________________ MATT HALL, Mayor _________________________ BARBARA ENGLESON, City Clerk (SEAL)