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HomeMy WebLinkAbout1993-06-22; City Council; NS-243; CMC 21 amends - Residential zones accessory structures...I/ 0 0 ORDINANCE NO. NS-243 1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF STRUCTURE AND AMENDING TITLE 21, CHAPTER 21.08, THE AMENDMENT OF SUBSECTION (1) (D) AND (2) (D) (E) ; (2) (D) (E); CHAPTER 21.12, SECTION 21.12.050 6 SUBSECTION (1) (D) AND (2) (D) (E): CHAPTER 21.16, SECTION 21.16.050 SUBSECTION (1) (D) AND (2) (D) (E) : AND (8) (B); CHAPTER 21.20, SECTION 21.20.080 (1); 8 CHAPTER 21.22, SECTION 21.22.060; CHAPTER 21.24, SECTION 21.24.090; TO AMEND THE DEVELOPMENT STANDARDS 9 FOR ACCESSORY STRUCTURES IN THE RESIDENTIAL ZONES OF THE CITY. 10 CASE NAME: ACCESSORY STRUCTURES ZONE CODE AMENDMENT CASE NO: ZCA 92-07 11 12 13 14 15 16 2 SECTION 21.04.306 TO DEFINE HABITABLE SPACE OR 3 CARLSBAD, CALIFORNIA, AMENDING TITLE 21, CHAPTER 21.04 CHAPTER 21.10, SECTION 21.10.050 SUBSECTION (1) (D) AND 5 SECTION 21.08.050 OF THE CARLSBAD MUNICIPAL CODE BY 4 7 CHAPTER 21.18, SECTION 21.18.050 SUBSECTION (7) (C) (D) The City Council of the City of Carlsbad, Californi; loes ordain as follows: SECTION 1: That Title 21, Chapter 21.04 of the Carlsb; :Unicipal Code is amended by the addition of Section 21.04.306 * read as follows: f121.04.306. Space or Structure, Habitable. 17 !!Habitable Space or Structure" means any space in structure for living, sleeping, eating or cooking." 18 19 20 21 SECTION 2: That Title 21, Chapter 21.08, Sectil :21.08.050 of the Carlsbad Municipal Code is amended by tl amendment of Subsection (1) (D) to read as follows: 1'21.080.050(1) (D). 22 (D)(i) All accessory structures shall comply with tl .following development standards: 23 structures in the lot coverage calculations for the lot; (a) The lot coverage shall include ~CC~SSOI 24 (b) The distance between buildings used for hum: habitation and accessory buildings shall be not less than 10 feel 25 (c) When proposed on a lot adjoining nati3 vegetation, accessory structures within a fire suppression ZOI 26:must be reviewed and approved by the Fire Department; (ii) In addition, habitable detached access01 tructures shall comply with all requirements of the ZOI pplicable to placement of a dwelling unit on a lot includil I1 0 0 (iii) Detached accessory structures, which are I: lling units and contain no habitable space, including but r rages, workshops, tool sheds, decks over 30 inck d freestanding patio covers shall comply with t (a) The maximum allowable building area p ructure shall not exceed a building coverage of 440 square fee (b) Buildings shall not exceed one-story: (c) Building height shall not exceed 14 feet if tch of three to twelve (3: 12) is provided or (d) The following setbacks shall apply: A fro f 20 feet, a rear yard setback of 5 feet, a si d setback of 5 feet, and an alley setback of 5 feet; (e) The maximum plumbing drain size shall be 1 1 h in diameter so as to prohibit toilets, showers, bathtubs a er similar fixtures; (iv) The provisions of this section are applicab twithstanding the permit requirements contained in Secti tional development standards: n a 3:12 roof pitch is provided; 04.015 of this code." SECTION 3: That Title 21, Chapter 21.08, Secti 08.050 of the Carlsbad Municipal Code is amended by t ndment of Subsection (2) (D) to read as follows: s121.08.050(2) (Dl. (D)(i) All accessory structures shall comply with tl lowing development standards: (a) The lot coverage shall include accesso: uctures in the lot coverage calculations for the lot; (b) The distance between buildings used for hum; itation and accessory buildings shall be not less than 10 feed (c) When proposed on a lot adjoining nati7 etation, accessory structures within a fire suppression ZOI t be reviewed and approved by the Fire Department; In addition, habitable detached accesso: 1 comply with all requirements of the zor licable to placement of a dwelling unit on a lot includir (iii) Detached accessory structures, which are nc units and contain no habitable space, including but nc o garages, workshops, tool sheds, decks over 30 inchc e, and freestanding patio covers shall comply with tl additional development standards: (a) The maximum allowable building area pc hall not exceed a building coverage of 440 square feet (b) Buildings shall not exceed one-story; (c) Building height shall not exceed 14 feet if f pitch of three to twelve (3: 12) is provided or 1 (d) The following setbacks shall apply: A fron of 20 feet, a rear yard setback of 5 feet, a yard setback of 5 feet, a street side yard setbac than a 3:12 roof pitch is provided; nd an alley setback of 5 feet; /i 2 0 0 (e) The maximum plumbing drain size shall be 1 1 ch in diameter so as to prohibit toilets, showers, bathtubs a (iv) The provisions of this section are applicab nding the permit requirements contained in Secti ther similar fixtures; .04.015 of this code.'I SECTION 4 : That Title 21, Chapter 21.08 , Secti .080.050 of the Carlsbad Municipal Code is amended by t letion of Subsection (2) (E) . SECTION 5: That Title 21, Chapter 21.10, Sectil .10.050 of the Carlsbad Municipal Code is amended by t: endment of Subsection (1)(D) to read as follows: "21.10.050(1) (Dl. (D)(i) All accessory structures shall comply with t llowing development standards: (a) The lot coverage shall include access0 ructures in the lot coverage calculations for the lot; (b) The distance between buildings used for hum bitation and accessory buildings shall be not less than 10 fee (c) When proposed on a lot adjoining nati, getation, accessory structures within a fire suppression 201 In addition, habitable detached accesso~ all comply with all requirements of the 201 to placement of a dwelling unit on a lot includil (iii) Detached accessory structures, which are nc welling units and contain no habitable space, including but nc o garages, workshops, tool sheds, decks over 30 inchc e, and freestanding patio covers shall comply with tl additional development standards: (a) The maximum allowable building area p' shall not exceed a building coverage of 440 square fee. (b) Buildings shall not exceed one-story: (c) Building height shall not exceed 14 feet if of pitch of three to twelve (3: 12) is provided or ust be reviewed and approved by the Fire Department; ess than a 3:12 roof pitch is provided; (d) The following setbacks shall apply: A fro] ack of 20 feet, a rear yard setback of 5 feet, a sic (e) The maximum plumbing drain size shall be 1 1, meter so as to prohibit toilets, showers, bathtubs a1 ilar fixtures; (iv) The provisions of this section are applicab: anding the permit requirements contained in Sectic ard setback of 5 feet, and an alley setback of 5 feet; 8.04.015 of this code." 28 SECTION 6: That Title 21, Chapter 21.10, Sectic I/ 3 /I 0 0 1.10.050 of the Carlsbad Municipal Code is amended by t mendment of Subsection (2)(D) to read as follows: 0'21.10.050(2) (Dl. (D)(i) All accessory structures shall comply with t ollowing development standards: (a) The lot coverage shall include access0 tructures in the lot coverage calculations for the lot; (b) The distance between buildings used for hum abitation and accessory buildings shall be not less than 10 fee (c) When proposed on a lot adjoining nati egetation, accessory structures within a fire suppression zc In addition, habitable detached accessc all comply with all requirements of the ZG to placement of a dwelling unit on a lot includi (iii) Detached accessory structures, which are n units and contain no habitable space, including but n garages, workshops, tool sheds, decks over 30 inch de, and freestanding patio covers shall comply with t (a) The maximum allowable building area p ructure shall not exceed a building coverage of 440 square fee (b) Buildings shall not exceed one-story: (c) Building height shall not exceed 14 feet if t be reviewed and approved by the Fire Department; additional development standards: oof pitch of three to twelve (3: 12) is provided or ss than a 3:12 roof pitch is provided; (d) The following setbacks shall apply: A fro] ck of 20 feet, a rear yard setback of 5 feet, i ide yard setback of 5 feet, a street side yard setbac (e) The maximum plumbing drain size shall be 1 1, meter so as to prohibit toilets, showers, bathtubs a! lar fixtures; (iv) The provisions of this section are applicab nding the permit requirements contained in Sectil. 10 feet; and an alley setback of 5 feet; .04.015 of this code.I8 21 I1 SECTION 7: That Title 21, Chapter 21.10, Sectic 22 23 24 25 26 27 28 (D)(i) All accessory structures shall comply with tl '21.10.050 of the Carlsbad Municipal Code is amended by tl deletion of Subsection (2) (E). SECTION 8 : That Title 21, Chapter 21.12, Sectic 21.12.050 of the Carlsbad Municipal Code is amended by tl amendment of Subsection (l)(D) to read as follows: "21.12.050 (1) (Dl. following development standards: !I 4 !I 0 0 I/ (a) The lot coverage shall include accessc ructures in the lot coverage calculations for the lot; (b) The distance between buildings used for hun bitation and accessory buildings shall be not less than 10 fec (c) When proposed on a lot adjoining nati getation, accessory structures within a fire suppression zo ust be reviewed and approved by the Fire Department; (ii) In addition, habitable detached accesso tructures shall comply with all requirements of the zo plicable to placement of a dwelling unit on a lot includi (iii) Detached accessory structures, which are n nits and contain no habitable space, including but n o garages, workshops, tool sheds, decks over 30 inch e, and freestanding patio covers shall comply with t additional development standards: (a) The maximum allowable building area p shall not exceed a building coverage of 440 square fee (b) Buildings shall not exceed one-story; (c) Building height shall not exceed 14 feet if of pitch of three to twelve (3: 12) is provided or ess than a 3:12 roof pitch is provided; (d) The following setbacks shall apply: A fro ack of 20 feet, a rear yard setback of 5 feet, a si ard setback of 5 feet, and an alley setback of 5 feet; (e) The maximum plumbing drain size shall be 1 1 nch in diameter so as to prohibit toilets, showers, bathtubs a1 ilar fixtures; (iv) The provisions of this section are applicab: anding the permit requirements contained in Sectic of this code. It 17 ll SECTION 9: That Title 21, Chapter 21.12, Sectir 1.12.050 of the Carlsbad Municipal Code is amended by tl mendment of Subsection (2)(D) to read as follows: 19 l8 I 20 "21.12.050(2) (Dl. (D)(i) All accessory structures shall comply with tl following development standards: 22 structures in the lot coverage calculations for the lot; (b) The distance between buildings used for hum; habitation and accessory buildings shall be not less than 10 feel 23 (c) When proposed on a lot adjoining nati7 ,yegetation, accessory structures within a fire suppression ZOI 24:nust be reviewed and approved by the Fire Department; (ii) In addition, habitable detached accesso: 25 structures shall comply with all requirements of the zor pplicable to placement of a dwelling unit on a lot includir 26 Eetbacks. (iii) Detached accessory structures, which are nc 27 lwelling units and contain no habitable space, including but nc :Limited to garages, workshops, tool sheds, decks over 30 inches 28 21 (a) The lot coverage shall include access01 /I 5 a. 0 0 e, and freestanding patio covers shall comply with tl lowing additional development standards: (a) The maximum allowable building area PC ucture shall not exceed a building coverage of 440 square feel (b) Buildings shall not exceed one-story; (c) Building height shall not exceed 14 feet if of pitch of three to twelve (3: 12) is provided or : t if less than a 3: 12 roof pitch is provided; (d) The following setbacks shall apply: A fro] d setback of 20 feet, a rear yard setback of 5 feet, i ide yard setback of 5 feet, a street side yard setbac 10 feet; and an alley setback of 5 feet; (e) The maximum plumbing drain size shall be 1 1, h in diameter so as to prohibit toilets, showers, bathtubs a] ther similar fixtures; (iv) The provisions of this section are applicab: otwithstanding the permit requirements contained in Sectic 04.015 of this code.ll SECTION 10: That Title 21, Chapter 21.12, Sectic 12.050 of the Carlsbad Municipal Code is amended by tl etion of Subsection (2) (E). SECTION 11: That Title 21, Chapter 21.16, Sectic 16.050 of the Carlsbad Municipal Code is amended by tl ndment of Subsection (1) (D) to read as follows: "21.16.050 (1) (D) . (D)(i) All accessory structures shall comply with tl lowing development standards: (a) The lot coverage shall include accesso: uctures in the lot coverage calculations for the lot; (b) The distance between buildings used for hum; itation and accessory buildings shall be not less than 10 fee: (c) When proposed on a lot adjoining natil etation, accessory structures within a fire suppression ZOI st be reviewed and approved by the Fire Department; (ii) In addition, habitable detached accesso: ructures shall comply with all requirements of the zo: to placement of a dwelling unit on a lot includi: (iii) Detached accessory structures, which are nl nits and contain no habitable space, including but nl o garages, workshops, tool sheds, decks over 30 inch1 ove grade, and freestanding patio covers shall comply with t: additional development standards: (a) The maximum allowable building area p8 shall not exceed a building coverage of 440 square fee (b) Buildings shall not exceed one-story; (c) Building height shall not exceed 14 feet if nimum roof pitch of three to twelve (3: 12) is provided or ess than a 3: 12 roof pitch is provided; Ji 6 I/ 0 e (d) The following setbacks shall apply: A fro 1 yard setback of 20 feet, a rear yard setback of 5 feet, a si yard setback of 5 feet, and an alley setback of 5 feet; inch in diameter so as to prohibit toilets, showers, bathtubs a 3 other similar fixtures: notwithstanding the permit requirements contained in Secti 4 (iv) The provisions of this section are applicab 2 (e) The maximum plumbing drain size shall be 1 1 18.04.015 of this code." F: 6 J I1 SECTION 12: That Title 21, Chapter 21.16, Secti 1.16.050 of the Carlsbad Municipal Code is amended by t mendment of Subsection (2)(D) to read as follows: "21.16.050(2) (Dl. (D)(i) All accessory structures shall comply with t ollowing development standards: (a) The lot coverage shall include accesso tructures in the lot coverage calculations for the lot; (b) The distance between buildings used for hum abitation and accessory buildings shall be not less than 10 fee (c) When proposed on a lot adjoining nati egetation, accessory structures within a fire suppression zo ust be reviewed and approved by the Fire Department; In addition, habitable detached accesso all comply with all requirements of the zo to placement of a dwelling unit on a lot includi (iii) Detached accessory structures, which are n units and contain no habitable space, including but n garages, workshops, tool sheds, decks over 30 inch de, and freestanding patio covers shall comply with t (a) The maximum allowable building area p tructure shall not exceed a building coverage of 440 square fee (b) Buildings shall not exceed one-story; (c) Building height shall not exceed 14 feet if additional development standards: oof pitch of three to twelve (3: 12) is provided or ss than a 3:12 roof pitch is provided: (d) The following setbacks shall apply: A fro de yard setback of 5 feet, a street side yard setba (e) The maximum plumbing drain size shall be 1 1 eter so as to prohibit toilets, showers, bathtubs a The provisions of this section are applicab it requirements contained in Secti of 20 feet, a rear yard setback of 5 feet, f 10 feet: and an alley setback of 5 feet; lar fixtures; 27 I1 SECTION 13: That Title 21, Chapter 21.16, Secti 28 I 1- 16- 050 Of the Carlsbad Municipal Code is amended by t ll 7 a. I! m e eletion of Subsection (2) (E) e SECTION 14: That Title 21, Chapter 21.18, Secti 1.18.050 of the Carlsbad Municipal Code is amended by t mendment of Subsection 7(C) to read as follows: "21.18.050 (7) 1C). (c)(i) All accessory structures shall comply with t ollowing development standards: (a) The lot coverage shall include accesso tructures in the lot coverage calculations for the lot; (b) The distance between buildings used for hum abitation and accessory buildings shall be not less than 10 fee (c) When proposed on a lot adjoining nati egetation, accessory structures within a fire suppression zo st be reviewed and approved by the Fire Department; (ii) In addition, habitable detached accesso ructures shall comply with all requirements of the zo to placement of a dwelling unit on a lot includi (iii) Detached accessory structures, which are n units and contain no habitable space, including but n garages, workshops, tool sheds, decks over 30 inch de, and freestanding patio covers shall comply with t The maximum allowable building area p tructure shall not exceed a building coverage of 440 square fee (b) Buildings shall not exceed one-story; (c) Building height shall not exceed 14 feet if additional development standards: (a) oof pitch of three to twelve (3: 12) is provided or ss than a 3:12 roof pitch is provided; (d) The following setbacks shall apply: A fro pard setback of 20 feet, a rear yard setback of 5 feet, 18interior side yard setback of 5 feet, a street side yard setba of 10 feet: and an alley setback of 5 feet: 19 (e) The maximum plumbing drain size shall be 1 1 'nch in diameter so as to prohibit toilets, showers, bathtubs a 20 ther similar fixtures: 22 otwithstanding the permit requirements contained in Secti 21 (iv) The provisions of this section are applicab I 8.04.015 of this code." 23 II SECTION 15: That Title 21, Chapter 21.18, Secti 24 111- 18- 050 of the Carlsbad Municipal Code is amended by t 25 26 Except for an accessory structure which is not dwelling unit and contains no habitable space and complies wi 27 -:he development standards specified in this chapter, no buildi shall be located in any of the required yards." 28 amendment of Subsection (7) (D) to read as follows: "21.18.050 (7) (D). 8 ” I! 0 0 ,. 1 SECTION 16: That Title 21, Chapter 21.18, Secti 2 iP 1.18.050 Of the Carlsbad Municipal Code is amended by t endment of Subsection (8) to read as follows: P zone the maximum buildi SECTION 17: That Title 21, Chapter 21.20, of t s amended by the amendment of Secti 1821.20,080. Accessory Structures. (1) All accessory structures shall comply with t verage shall include accesso lculations for the lot: etween buildings used for hum shall be not less than 10 fee on a lot adjoining nati ithin a fire suppression zo e Fire Department; In addition, habitable detached accesso ructures shall comply with all requirements of the zo ing unit on a lot includi (3) Detached accessory structures, which are n units and contain no habitable space, including but n o garages, workshops, tool sheds, decks over 30 inch e, and freestanding patio covers shall comply with t additional development standards: (a) The maximum allowable building area p hall not exceed a building coverage of 440 square fee (b) Buildings shall not exceed one-story: (c) Building height shall not exceed 14 feet if f pitch of three to twelve (3: 12) is provided or than a 3:12 roof pitch is provided: (d) The following setbacks shall apply: A fro of 20 feet, a rear yard setback of 5 feet, yard setback of 5 feet, a street side yard setba (e) The maximum plumbing drain size shall be 1 1 er so as to prohibit toilets, showers, bathtubs a visions of this section are applicab it requirements contained in Secti nd an alley setback of 5 feet: SECTION 18: That Title 21, Chapter 21.22, of t 28 11 arlsbad Municipal Code is amended by the amendment of Secti !I 9 I1 e. .. il 0 0 I/ 1.22.060 to read as follows: 1121.22.060. Accessory Structures. (1) All accessory structures shall comply with t ollowing development standards: (a) The lot coverage shall include accesso tructures in the lot coverage calculations for the lot; (b) The distance between buildings used for hum abitation and accessory buildings shall be not less than 10 fee (c) When proposed on a lot adjoining nati , accessory structures within a fire suppression zo st be reviewed and approved by the Fire Department; In addition, habitable detached accesso ructures shall comply with all requirements of the zo to placement of a dwelling unit on a lot includi (3) Detached accessory structures, which are n units and contain no habitable space, including but n garages, workshops, tool sheds, decks over 30 inch de, and freestanding patio covers shall comply with t (a) The maximum allowable building area p tructure shall not exceed a building coverage of 440 square fee (b) Buildings shall not exceed one-story; (c) Building height shall not exceed 14 feet if additional development standards: oof pitch of three to twelve (3: 12) is provided or ss than a 3:12 roof pitch is provided: (d) The following setbacks shall apply: A fro ck of 20 feet, a rear yard setback of 5 feet, ide yard setback of 5 feet, a street side yard setba : and an alley setback of 5 feet: (e) The maximum plumbing drain size shall be 1 1, meter so as to prohibit toilets, showers, bathtubs a lar fixtures: (4) The provisions of this section are applicab nding the permit requirements contained in Secti this code. VI SECTION 19: That Title 21, Chapter 21.24, of t arlsbad Municipal Code is amended by the amendment of Secti 22 1: 1.24.090 to read as follows: 23 1121.24.090. Accessory Structures. (1) All accessory structures shall comply with t :Tollowing development standards: 24 25 (a) The lot coverage shall include accesso structures in the lot coverage calculations for the lot; (b) The distance between buildings used for hum habitation and accessory buildings shall be not less than 10 fee 26 (c) When proposed on a lot adjoining nati vegetation, accessory structures within a fire suppression zo 27 :nust be reviewed and approved by the Fire Department; 28 10 -< /I 0 e .. In addition, habitable detached access0 11 comply with all requirements of the zo placement of a dwelling unit on a lot includi (3) Detached accessory structures, which are n units and contain no habitable space, including but n o garages, workshops, tool sheds, decks over 30 inch e, and freestanding patio covers shall comply with t ollowing additional development standards: (a) The maximum allowable building area p tructure shall not exceed a building coverage of 440 square fee (b) Buildings shall not exceed one-story; (c) Building height shall not exceed 14 feet if of pitch of three to twelve (3: 12) is provided or s than a 3:12 roof pitch is provided; (d) The following setbacks shall apply: A fro ard setback of 20 feet, a rear yard setback of 5 feet, de yard setback of 5 feet, a street side yard setba f 10 feet; and an alley setback of 5 feet; (e) The maximum plumbing drain size shall be 1 1 nch in diameter so as to prohibit toilets, showers, bathtubs a ar fixtures; (4) The provisions of this section are applicab ding the permit requirements contained in Secti EFFECTIVE DATE: This ordinance shall be effecti 15F hirty days after its adoption, and the city clerk shall certi 0 the adoption of this ordinance and cause it to be published 16 17 least Once in the Carlsbad Journal within fifteen days after i 18 tldoption* 19 I/ INTRODUCED AND FIRST READ at a regular meeting of t 20 tr arlsbad City Council on the 15th day of JUNE , 1993, a hereafter 22 211 .. 23 24 n.. ... 25 11 *. 26 27 ... ... 28 ... 11 II .v 0 0 .. PASSED AND ADOPTED at a regular meeting of the Ci 1 2 3 Council of the City of Carlsbad on the 22nd day of JUNE 1993, by the following vote, to wit: 4 5 6 AYES: Council Members Lewis, Stanton, Kulchin, Nygaard, Finn NOES: None ABSENT: None PPROVED AS TO FORM AND LEGALITY 12