HomeMy WebLinkAbout1994-06-21; City Council; NS-283; CMC 21 amends - Second dwelling units...I.
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ORDINANCE NO. NS-283
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: (1) ADD A DEFINITION FOR SECOND DWELLING UNIT, (2) ALLOW THE DEVELOPMENT OF SECOND DWELLING UNITS THROUGH
ADMINISTRATIVE PERMIT IN THE R-A, R-E, R-1, R-2, R-3, R-P, R-T, R-W, AND RD-M ZONES AND AREAS DESIGNATED BY A MASTER PLAN FOR SINGLE-FAMILY
DETACHED DWELLINGS IN THE P-C ZONES OF THE CITY, AND (3) AMEND THE REQUIREMENTS FOR THE CREATION OF SECOND DWELLING UNITS IN THE R-A, R-E, R-1, R-
2, R-3, R-P, R-T, R-W AND RD-M ZONES AND AREAS DESIGNATED BY A MASTER PLAN FOR SINGLE-FAMILY DETACHED DWELLINGS IN THE P-C ZONES OF THE CITY.
CASE NAME: SECOND DWELLING UNIT ZONE CODE AMENDMENT
CASE NO: ZCA 92-04
WHEREAS, any local agency may, by ordinance, provide for tk
creation of second units in single-family and multi-famil
residential zones consistent with the provisions of Californj
Government Code Section 65852.2;
WHEREAS, it is a program of the Housing Element of tk
City's General Plan to examine the existing Second Dwelling Unj
Section of the City's Municipal Code to explore means of bettc
encouraging and facilitating the development of this alternatil
and affordable housing type.
The City Council of the City of Carlsbad, Californie
does ordain as follows:
SECTION 1: That Title 21, Chapter 21.04 of the Carlsbz
Municipal Code is amended by the addition of Section 21.04.303 tc
read as follows:
1121.04.303 Second Dwellins Unit. Second dwelling unit means a residential dwelling unit whic is attached or detached from the primary dwelling unit on a lo1
and which provides complete independent living facilities for 01 or more persons. It shall include permanent provisions fc living, sleeping, eating, cooking, and sanitation on the sal
parcel as the single-family or tlprimary'l dwelling is situated.'
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1 SECTION 2: That Title 21, Chapter 21.42, Sectic
2 21.42.010 (11) of the Carlsbad Municipal Code, containing tk
311requirements for creation of second dwelling units throuc
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read as follows: 8
Municipal Code is amended by the addition of Section 21.10.015 1 7
SECTION 3: That Title 21, Chapter 21.10 of the Carlsb: 6
of this Chapter are renumbered accordingly. 5
Conditional Use Permit is hereby repealed and subsequent Sectior
9 1121.10.015. Second Dwellins Unit by Administrative Permil (a) The public good is served when there exists in a cit! 10 housing which is appropriate for the needs of and affordable 1 all members of the public who reside within that city. Am01 11 other needs, there is in Carlsbad a need for affordable rent: housing. Therefore, it is in the public interest for the City 1 12 promote a range of housing alternatives in order to meet tl affordable rental housing needs of its citizens. This section 1 13 intended to provide a rental housing alternative by establishil a procedure to create new second dwelling units. 14 (b) The provisions of this Section shall apply to sing: family zones R-A, R-E, and R-1, areas designated by a master pl; 15 for single-family detached dwellings in P-C zones and lots with: multi-family zones R-2, R-3, R-P, R-T, R-W, and RD-M, which ai 16 developed with single-family residences. (c) Second Dwelling Units: Second dwelling units require i 17 administrative permit. Application submittal and review sha: include the following requirements: 18 (1) Application submittal for an administrative permii The completed application for an administrative permit sha: 19 include the following information: (A) The name( s) of the owner (s) :
(C) The assessor's parcel number:
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(E) A scaled drawing showing the lot dimensio: 22
(D) A general floor plan of the second dwelli: 21
(B) The address of the dwelling units;
unit:
the location of the primary and second dwelling unit, location 1 23 all vehicular parking, and the total square footage of both unit
(F) The consent of the applicant to the physic
24 inspection of the premises prior to the issuance of t administrative permit;
25 (G) Description and location of water and sanita (sewer) services;
26 (H) An applicant signed declaration that t application for the second dwelling unit is not in conflict wi
27 existing conditions, covenants, and restrictions (CC&R1 applicable to the title of the subject property; and
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1 (I) Any other information required by the Plannin
2 Director for a proper review of the application.
(2) Administrative permit procedures: Th administrative permit for a second dwelling unit shall k 3 processed as follows:
permit for a second dwelling unit shall so indicate at the tin 4 (A) An applicant requesting an administrativ
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subject property, as shown on the latest equalized assessmer 7 delivery to all property owners within three hundred feet of tt Elanning Director shall give written notice by mail or personz 6 ayment of the required fees for a second dwelling unit, tt
(B) Upon acceptance of a complete application ar 5
role, at least fifteen days prior to a decision on an applicatior
(C) Any person so notified may file writtc objections or a written request to be heard within ten days aftc 9 the mailing or personal delivery of the notice. If a writtc
request to be heard is filed, the Planning Director shall schedul 10 a hearing and provide written notice to the applicant and tk
request at least five days prior to the hearing. The hearing j 11 not a public hearing and may be informal.
(D) Notice of the Planning Director's decision c 12 an administrative application for a second dwelling unit shall 1
mailed to the applicant within five days of the date of tk 13 decision. If a hearing is held, he shall render his decisic
14 within ten days of the conclusion of the hearing.
(E) The Planning Director shall announce hj decision and findings by letter to the applicant and the lettc 15 shall recite, among other things, the facts and reasons which j the opinion of the Planning Director make the granting or deniz 16 of the administrative permit necessary to carry out the provisior and general purpose of this title and whether the administrati\ 17 permit is granted or denied. It shall also notice such conditio1
and limitations as the Planning Director may impose on tl
ranting of a permit. The letter shall be sent to any person wl
19 requested or appeared at the hearing.
(F) Approval by the Planning Director of i
dministrative permit for a second dwelling unit shall be give 20 only if the requirements of subsection (c)(3) are satisfied.
(G) Any decision of the Planning Director pursua] 21 to this Section may be appealed by any person to the Plannil
the application is filed.
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Commission in accordance with Section 21.54.140 of this Code.
second dwelling units may be considered on the same criteria ai 23 under the same procedures as original applications pursuant f
(following requirements must be met: 25
grant an administrative permit for a second dwelling unit, tl (3) Review of an administrative permit: In order ' 24 this Section.
the leasehold includes both the main dwelling and the seco: 27
occupy either the main dwelling unit or the second dwelling uni. 26
(A) The owner of the property must continual.
22 (H) Amendments to administrative permits fc
For purposes of this subsection, ttownertt shall include a lessee
dwellinq unit. - 28
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(B) The second dwelling unit shall either k
attached to the main dwelling unit and located within th habitable area of the main dwelling unit or detached from the mai dwelling unit and located on the same lot as the main dwellir
unit. (C) The second dwelling unit must meet tk setback, lot coverage, and other development standards applicabl
to the zone, which are not addressed within this subsection.
(D) Attached second dwelling units shall confor
to the height limits applicable to the zone and detached secor
dwelling units shall be limited to one story, except that secor
dwelling units constructed above detached garages shall k
permitted, and shall conform to the height limits applicable t the zone. (E) Garage conversions are prohibited unles
replacement off-street garage parking is provided concurrently ar
in compliance with the requirements of Chapter 21.44 of thj
title. (F) Second dwelling units shall not be permitte
on a lot or parcel having guest or accessory living quarters, c a residential care facility. Existing guest or accessory livir quarters may be converted into a second dwelling unit provide
that all zoning and structural requirements are met.
(G) One additional paved off-street (covered c
uncovered) parking space shall be provided for the second dwellir
unit and shall comply with the requirements of Chapter 21.44 c
this title. The additional parking space may be provided throuc
tandem parking (provided that the garage is setback a minimum c twenty feet from the property line) or in the front yard setbacli (H) Adequate water and sewer capacity ar
facilities for the second dwelling unit must be available or mac available.
(I) All necessary public facilities and service must be available or made available.
(J) The second unit may be rented and shall not k sold separately from the main dwelling unit unless the lot c which such units are located are subdivided. The lot upon whic the second unit is located shall not be subdivided unless each IC
which would be created by the subdivision will comply with tk
requirements of this title and Title 20; and further providec that all structures existing on each proposed lot will comply wit
the development standards applicable to each lot.
(K) The total area of floor space for an attache or detached second unit shall not exceed 640 square feet. (L) The second dwelling unit shall l
architecturally compatible with the main dwelling unit, in ten of appearance, materials, and finished quality, and on sidc adjacent to streets, the appearance of a single family dwellir shall be retained.
(M) A second dwelling unit which conforms to tl
requirements of this section shall be allowed to exceed tl
~ permitted density for the lot upon which it is located and shal be deemed to be a residential use consistent with the densil requirements of the General Plan and the zoning designation fc the lot.
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(N) The size of the lot upon which a secor
1 dwelling unit is proposed shall not be less than the minimum IC size required of the zone.
administrative permit unless he finds that the second dwellir
3 unit will not be materially detrimental to the public welfare c injurious to the property or improvements in such vicinity ar
4 zone in which the property is located. (P) The maximum monthly rental rate for a secor
5 dwelling unit shall be affordable to low income households. TI monthly rent shall not exceed an amount equal to 30 percent of tl
6 gross monthly income of a low-income household, adjusted fc household size, at 80 percent of the San Diego County medi:
7 income.
(0) The second dwelling unit shall have a separat
8 entrance.
2 (0) The Planning Director shall not approve tk
9 SECTION 4: That Title 21, Chapter 21.08 of the Carlsbz
10 Municipal Code is amended by the addition of Section 21.08.015 I
11 //read as follows:
12 8121.08.015. Second Dwellins Unit bv Administrative Permil Second dwelling units may be permitted by an administrati7
13 permit issued according to the provisions of Section 21.010.015 (
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this Title. The development standards of this zone shall apply<
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SECTION 5: That Title 21, Chapter 21.09 of the Carlsb;
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Municipal Code is amended by the addition of Section 21.09.025 1
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read as follows:
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1121.09.025. Second Dwellins Unit bv Administrative Permil
permit issued according to the provisions of Section 21.010.015 (
Second dwelling units may be permitted by an administrati1
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this Title in areas designated by a master plan for single-fami permit issued according to the provisions of Section 21.010.015 ( 24
Second dwelling units may be permitted by an administrati-
Il21.38.025. Second Dwellins Unit bv Administrative Permi. 23
read as follows: z2
unicipal Code is amended by the addition of Section 21.38.025 i 21
SECTION 6: That Title 21, Chapter 21.38 of the Carlsbi
this Title. The development standards of this zone shall apply, 19
detached dwellings. For second dwelling units proposed 1
standard lots (minimum 7500 sq.ft. in area) which are develop1
with detached single family residences, the development standari 26 of Chapter 21.10 shall apply. For second dwelling units propose
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on substandard lots (less than 7500 sq. ft. in area) which ax
1 developed with detached single family residences, the developmer standards of Chapter 21.45 shall apply.
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5 1121.12.015. Second Dwellins Unit by Administrative Permil
6 Second dwelling units may be permitted by an administratiT permit issued according to the provisions of Section 21.010.015 (
7 this Title on lots which are developed with detached single-fami: residences. The development standards of this zone shall apply,
8 SECTION 8: That Title 21, Chapter 21.16 of the Carlsb;
9 Municipal Code is amended by the addition of Section 21.16.017 1
SECTION 7: That Title 21, Chapter 21.12 of the Carlsbz
Municipal Code is amended by the addition of Section 21.12.015 I
read as follows:
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read as follows:
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residences. The development standards of this zone shall apply l3 this Title on lots which are developed with detached single-fami: permit issued according to the provisions of Section 21.010.015 (
l2 Second dwelling units may be permitted by an administrati1 1121.16.017. Second Dwellins Unit by Administrative Permil
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addition of Subsection 21.45.090(p) to read as follows: l6
21.45.090 of the Carlsbad Municipal Code is amended by tl I-5
SECTION 9: That Title 21, Chapter 21.45, Sectic
"(p) Second dwelling units may be permitted c Pots which are developed with detached single family residencf l8 according to the provisions of Section 21.010.015(c), and subjec to the following additional requirements:
(1) All second dwelling units within a sing: family residential planned unit development shall be required . 2o either be approved as part of the planned unit developme1 application or through an amendment to the planned un 21 development application.
(2) All second dwelling units shall comp 22 with the development standards of this chapter with the followi:
23 exception:
(i) Second dwelling units shall 1
setback the same distance from the front and side property 1inl 24 as the primary dwelling unit on the lot. (ii) Second dwelling units shall : 25 setback a minimum of ten feet from the rear property line.
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1 (iii) Second dwelling units shall not I permitted to be located within any portion of the lot which : 2
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counted towards satisfying recreation requirements for the primal
residence.
the distance between the primary dwelling unit and the S~COI
(iv) For detached second dwelling unit:
dwelling unit shall be not less than ten feet. 4
5 li SECTION 10: That Title 21, Chapter 21.44, Sectic
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Two car garage with the following exceptions: 9
"Residential. 8
amendment of Subsection (1) and (2) to read as follows: 7
21.44.020(a) of the Carlsbad Municipal Code is amended by tl
(1) Standard-Single Family, R-1, R-A, E-A and RE zone:
One additional paved off-street (covered ( 10 uncovered) parking space shall be provided for a second dwellil unit and shall comply with the requirements of this Chapter. TI 11 additional parking space may be provided through tandem parkil (provided that the garage is setback a minimum of twenty feet frc
12 the property line) or the front yard setback."
(2) Planned Unit Developments and Condominiums --- TI 13 standard covered parking spaces. Exception: studio --- 1, spaces/unit, one covered/unit and second dwelling unit --- 14 space/second unit, covered or uncovered. The parking space for second dwelling unit may be provided through tandem parkil
15 (provided ,that the covered parking spaces for the primary dwellil unit are located within a two-car garage and the garage is setbac
16 a minimum of twenty feet from the property line) or in the fro] yard setback. In addition, parking areas for guest parking mu: 17 be provided as follows: 0.5 spaces for each unit up through tt units, 0.3 spaces for each unit in excess of ten units. Cred:
18 for visitor parking may be given for frontage on local streel that meet public street standards for detached single-fami: 19 residential projects subject to the approval of the plannil commission; not less than twenty-four lineal feet per space 20 exclusive of driveway entrances and driveway aprons shall 1 provided for each parking space, except where parallel parkil 21 spaces are located immediately adjacent to driveway aprons, thc twenty lineal feet may be provided.lI
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25 "(a) The following general requirements shall apply to a.
26 parking spaces and areas:
(1) Size and Access. Each off-street parking spa(
27 shall have an area of not less than one hundred seventy squa: feet exclusive of drives or aisles and a width of not less th(
28 eight and one-half feet. Subject to the approval of the Plannil
SECTION 11: That Title 21, Chapter 21.44, Sectic
21.44.050 of the Carlsbad Municipal Code is amended by tl
amendment of Subsection (a)(1) to read as follows:
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3 (A) Fourteen feet wide for thirty and forty-fj Aisles to and from parking stalls shall not be less than: 2 Each space shall be provided with adequate ingress and egrez Director, up to a two-and-one-half foot overhang may be permittc
(B) Eighteen feet wide for sixty degree parkir degree parking;
4 (C) Twenty-four feet wide for ninety degr
5 parking.
Circulation within a parking area must be sc
that a car entering the parking area need not enter a street 6 reach another aisle and that a car need not enter a strc
backwards. This provision shall not apply to off-street parki 7 required for one and two-family dwelling units.
When the required parking space for or 8 family, two-family ormultiple-family structure in any residenti zone is not to be provided in a covered garage, each such requir 9 car space shall be not less than two hundred square feet in ar and shall be so located and/or constructed that it may later 10 covered by a garage structure in accordance with the provisions this title, with the following exception: second dwelling unit 11
SECTION 12: That Title 21, Chapter 21.08, Secti 12
21.08.100 of the Carlsbad Municipal Code is amended by t 13
amendment of paragraph (1) to read as follows: 14
If (1) Each dwelling unit shall have a two-car garag 15 with a minimum dimension of 20 feet square which architecturally integrated with and has an exterior similar to t 16 dwelling unit, with the following exceptions: One additional paved off-street (covered or uncovere 17 parking space shall be provided for a second dwelling unit a. shall comply with the requirements of Chapter 21.44 of this tit11
18 The additional parking space may be provided through tandl parking (provided that the garage is setback a minimum of twen 19 /feet from the property line) or in the front yard setback."
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20 I SECTION 13 : That Title 21, Chapter 21.09 of t:
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21.09.140 to read as follows: 22
Carlsbad Municipal Code is amended by the amendment of Secti
1121.09.140. Parkins. 23 Notwithstanding parking requirements of Chapter 21.44, n
24 fewer than two off-street parking spaces shall be provided fc each residence. The required two spaces shall be covered by
25 garage or carport, and the driveway adequately paved with eithc concrete or asphalt cement prepared over adequate base. TI
26 following is an exception to the two parking space requirement
(1) One additional paved off-street (covered or uncoverec
27 parking space shall be provided for a second dwelling unit a1 shall comply with the requirements of Chapter 21.44 of this titlc
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feet from the property line) or in the front yard setback.I@ 2 parking (provided that the garage is setback a minimum of twen. The additional parking space may be provided through tandc
3 SECTION 14 : That Title 21, Chapter 21.09 of tl
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"(1) Each dwelling unit shall have a two-car garagl 6
21.09.190, paragraph (1) to read as follows: 5
Carlsbad Municipal Code is amended by the amendment of Sectil
with a minimum dimension of twenty feet square which 7 architecturally integrated with and has an exterior similar to tl
dwelling unit with the following exception:
parking space shall be provided for a second dwelling unit a: 9 shall comply with the requirements of Chapter 21.44 of this titll The additional parking space may be provided through tandl 10 parking (provided that the garage is setback a minimum of twen. feet from the property line) or in the front yard setback." 11
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"(1) Each dwelling unit shall have a two-car garagi 15 with a minimum dimension of twenty feet square which architecturally integrated with and has an exterior similar to t!
16 dwelling unit with the following exception: One additional paved off-street (covered or uncoverer
17 parking space shall be provided for a second dwelling unit a: shall comply with the requirements of Chapter 21.44 of this tit11
18 The additional parking space may be provided through tandl parking (provided that the garage is setback a minimum of twen'
19 feet from the property line) or in the front yard setback."
8 One additional paved off-street (covered or uncoverec
SECTION 15: That Title 21, Chapter 21.10, Sectil
21.10.100 of the Carlsbad Municipal Code is amended by tl
amendment of paragraph (1) to read as follows:
20 SECTION 16: That Title 21, Chapter 21.45, Secti
21
l!(c) Resident Parking. All units must have at least t 23
amendment of Subsection (c) to read as follows: 22
21.45.090 of the Carlsbad Municipal Code is amended by t
full-sized covered residential parking spaces, except for stud
24 units which shall be provided with a ratio of 1.5 spaces per uni for which one space per unit shall be covered, and second dwelli
25 units which shall be provided with one space (covered uncovered) per second unit. The parking space for the seco
26 dwelling unit may be provided through tandem parking (provid that the covered parking spaces for the primary dwelling a
27 located within a two-car garage and the garage is setback minimum of twenty feet from the property line) or in the fro
28 yard setback. In cases where a fractional parking space
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required. The required number of spaces shall be rounded to t:
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Permit. Second dwelling units may be permitted by 6
administrative permit issued according to the provisions 7 Section 21.010.015 of this title on lots which are developed wi
detached single-family residences. The development standards 8 this zone shall apply."
nearest highest whole number.Il
SECTION 17 : That Title 21, Chapter 21.18 of t:
Carlsbad Municipal Code is amended by the addition of Sectit
21.18.046 to read as follows:
1121.18.046. Second Dwellins Unit by Administrati.
9 SECTION 18: That Title 21, Chapter 21.20 of t:
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21.20.026 to read as follows: 11
Carlsbad Municipal Code is amended by the addition of Sectil
12 1121.20.026. Second Dwellins Unit bv Administrati Permit. Second dwelling units may be permitted by ( 13
detached single family residences. The development standards I 14 Section 21.010.015 of this title on lots which are developed wi.
administrative permit issued according to the provisions I
this zone shall apply."
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19 Permit. Second dwelling units may be permitted by administrative permit issued according to the provisions 20 Section 21.010.015 of this title on lots which are developed wi detached single-family residences. The development standards 21 this zone shall apply.I1
SECTION 19 : That Title 21, Chapter 21.22 of t!
Carlsbad Municipal Code is amended by the addition of Sectil
21.22 to read as follows:
1121.22.016. Second Dwellina Unit by Administrati.
22 SECTION 20 : That Title 21, Chapter 21.24 of t
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21.24.026 to read as follows: 24
Carlsbad Municipal Code is amended by the addition of Secti
25 I "21.24.026. Second Dwellins Unit bv Administrati Permit. Second dwelling units may be permitted by
26 Section 21.010.015 of this title on lots which are developed wi administrative permit issued according to the provisions
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this zone shall apply.Il
detached single-family residences. The development standards 27
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1 EFFECTIVE DATE: This ordinance shall be effecti7
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thirty days after its adoption, and the City Clerk shall certi:
and thereafter 8
Carlsbad City Council on the 14th day of JUNE , 199 7
INTRODUCED AND FIRST READ at a regular meeting of t 6
within fifteen days after its adoption. 5
least once in a newspaper of general circulation within the Ci. 4
to the adoption of this ordinance and cause it to be published i
9 PASSED AND ADOPTED at a regular meeting of the Ci
10 Council of the City of Carlsbad on the 21st day of
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NOES: None 13
AYES: Council Members Lewis, Stanton, Kulchin, Nygaard, Fin1 12
JUNE , 1994, by the following vote, to wit:
j:, ABSENT : None
16 PPROVED AS TO FORM AND LEGALITY
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22 IIATTEST :
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