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Home My WebLink About1996-04-09; City Council; NS-355; CMC 21amends - Accessory structures height limit...I1 m 0 1 2 3 4 5 6 ORDINANCE NO. NS-355 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING VARIOUS SEC-TIONS OF VARIOUS CHAPTERS OF TITLE 21 OF THE CARLSBAD MUNICIPAL CODE TO RESTRICT ALL RESIDENTIAL LIMIT. CASE NAME: ACCESSORY STRUCTURES HEIGHT LIMITATION ACCESSORY STRUCTURES TO A ONE-STORY/l4 FOOT HEIGHT CASE NO: ZCA 95-04 7 a The City Council of the City of Carlsbad, California, does ordain as fol SECTION 1: That Title 21, Chapter 21.04 Section 21.04.098 of the Car 9 10 11 12 13 14 15 Municipal Code is amended to read as follows: "21.04.020. Accessory. "Accessory1' means a building, part of a building or structure, or use F is subordinate to and the use of which is incidental to that of the main building, stru or use on the same lot. If an accessory building is attached to the main building common wall such building area is considered a part of the main building and nc accessory building or structure." SECTION 2: That Title 21, Chapter 21.04 Section 21.04.098 of the Car l6 11 Municipal Code is added to read as follows: 17 la 19 20 21 22 23 24 25 26 27 2a "21.04.098. Common wall. "Common wall" is used for the purpose of distinguishing betwee otherwise accessory building or structure and a main dwelling unit building or stru within residential zones. A "common wall" divides, yet is shared by, two adjacent enc building areas. A common wall may or may not provide a door or accessw, accommodate passage between the two building areas separated by a common Accessory structures do not involve an attachment to the main building by a common SECTION 3: That Title 21, Chapter 21.08, Section 21.08.050 of the Carlsbad Municipal Code is amended to read as follows: "21.080.050(1)(D). (D)(i) All accessory structures shall comply with the following develop standards: (a) The lot coverage shall include accessory structures in tl coverage calculations for the lot; (b) The distance between buildings used for human habitatio accessory buildings shall be not less than 10 feet; (c) When proposed on a lot adjoining native vegetation, accc structures within a fire suppression zone must be reviewed and approved by the ll !I 0 0 II 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 1 Department; (d) Accessory buildings, by definition, do not share a commor (e) Buildings shall not exceed one story; (f) Building height shall not exceed fourteen feet if a mini roof pitch of 3: 12 is provided or ten feet if less than a 3:12 roof pitch is provided; (g) Second dwelling units constructed above detached gar located within a lot's buildable area, pursuant to Section 21.10.015 (c)3(D) of this tit1 not subject to the one story/fourteen foot height limitation imposed on acce structures. (ii) Habitable detached accessory structures shall comply wit requirements of the zone applicable to placement of a dwelling unit on a lot inch setbacks. (iii) Detached accessory structures, which are not dwelling unit! contain no habitable space, including but not limited to garages, workshops, tool s decks over 30 inches above grade, and freestanding patio covers shall comply wit1 following additional development standards when located within a lot's required se' areas: (a) The maximum allowable building area per structure sha exceed a building coverage of 440 square feet; (b) The following setbacks shall apply: A front yard setback feet, a rear yard setback of 5 feet, a side yard setback of 5 feet, and an alley setbacl feet; (c) The maximum plumbing drain size shall be 1 1/2 in' diameter so as to prohibit toilets, showers, bathtubs and other similar fixtures; (d) The additional development standards listed above (a-c) apply to the entire subject accessory structure, not just the portion encroaching into a setback area. (iv) The provisions of this section are applicable notwithstandin permit requirements contained in Section 18.04.015 of this code." with the main dwelling unit structure; I I SECTION 4: That Title 21, Chapter 21.08, Section 21.08.050 of the Car 20 Municipal Code is amended to read as follows: 21 standards: 22 "21.080.050(2)(D). (D)(i) All accessory structures shall comply with the following develop 23 24 25 26 27 28 (a) The lot coverage shall include accessory structures in tl coverage calculations for the lot; (b) The distance between buildings used for human habitatio accessory buildings shall be not less than 10 feet; (c) When proposed on a Pot adjoining native vegetation, aca structures within a fire suppression zone must be reviewed and approved by the Department; (d) Accessory buildings, by definition, do not share a commol with the main dwelling unit structure; (e) Buildings shall not exceed one story; 2 e 0 1 2 3 4 5 6 7 8 9 . 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (f) Building height shall not exceed fourteen feet if a mini roof pitch of 3:12 is provided or ten feet if less than a 3:12 roof pitch is provided; (g) Second dwelling units constructed above detached gar located within a lot's buildable area, pursuant to Section 21.10.015 (c)3(D) of this tit1 not subject to the one story/fourteen foot height limitation imposed on acce structures. (ii) Habitable detached accessory structures shall comply wit requirements of the zone applicable to placement of a dwelling unit on a lot inch setbacks. (iii) Detached accessory structures, which are not dwelling unitl contain no habitable space, including but not limited to garages, workshops, tool s decks over 30 inches above grade, and freestanding patio covers shall comply wit: following additional development standards when located within a lot's required se. areas: (a) The maximum allowable building area per structure sha exceed a building coverage of 440 square feet; (b) The following setbacks shall apply: A front yard setback feet, a rear yard setback of 5 feet, a side yard setback of 5 feet, and an alley setbacl feet; (c) The maximum plumbing drain size shall be 1 1/2 in diameter so as to prohibit toilets, showers, bathtubs and other similar fixtures; (d) The additional development standards listed above (a-c) apply to the entire subject accessory structure, not just the portion encroaching into 2 setback area. (iv) The provisions of this section are applicable notwithstandin permit requirements contained in Section 18.04.015 of this code." SECTION 5: That Title 21, Chapter 21.10, Section 21.10.050 o Carlsbad Municipal Code is amended to read as follows: "21.10.050(1)(D). (D) (i) All accessory structures shall comply with the follc development standards: (a) The lot coverage shall include accessory structures in tl coverage calculations for the lot; (b) The distance between buildings used for human habitatio accessory buildings shall be not less than 10 feet; (c) When proposed on a lot adjoining native vegetation, acce structures within a fire suppression zone must be reviewed and approved by the Department; (d) Accessory buildings, by definition, do not share a commo: with the main dwelling unit structure; (e) Buildings shall not exceed one story; (f) Building height shall not exceed fourteen feet if a min roof pitch of 3:12 is provided or ten feet if less than a 3:12 roof pitch is provided; (g) Second dwelling units constructed above detache -t ga located within a lot's buildable area, pursuant to Section 21.10.015 (c)3(D) of this tit II 3 1) e 0 1 2 3 4 5 6 7 8 9 10 11 12 13 not subject to the one story/fourteen foot height limitation imposed on acce: structures. (ii) Habitable detached accessory structures shall comply witl requirements of the zone applicable to placement of a dwelling unit on a lot inch setbacks. (iii) Detached accessory structures, which are not dwelling units contain no habitable space, including but not limited to garages, workshops, tool SI decks over 30 inches above grade, and freestanding patio covers shall comply witl following additional development standards when located within a lot's required set areas: (a) The maximum allowable building area per structure shal exceed a building coverage of 440 square feet; (b) The following setbacks shall apply: A front yard setback feet, a rear yard setback of 5 feet, a side yard setback of 5 feet, and an alley setback feet; (c) The maximum plumbing drain size shall be 1 112 in( diameter so as to prohibit toilets, showers, bathtubs and other similar fixtures; (d) The additional development standards listed above (a-c) apply to the entire subject accessory structure, not just the portion encroaching into a setback area. (iv) The provisions of this section are applicable notwithstandin; ~ permit requirements contained in Section 18.04.015 of this code." 14 Carlsbad Municipal Code is amended to read as follows: l5 SECTION 6: That Title 21, Chapter 21.10, Section 21.10.050 oj 16 17 18 19 20 21 22 23 24 25 26 27 28 "21.10.050(2)(D). (D)(i) All accessory structures shall comply with the follc development standards: (a) The lot coverage shall include accessory structures in tk coverage calculations for the lot; (b) The distance between buildings use,d for human habitatiol accessory buildings shall be not less than 10 feet; (c) When proposed on a lot adjoining native vegetation, acce structures within a fire suppression zone must be reviewed and approved by the Department; (d) Accessory buildings, by definition, do not share a commoI with the main dwelling unit structure; (e) Buildings shall not exceed one story; (f) Building height shall not exceed fourteen feet if a mini roof pitch of 3:12 is provided or ten feet if less than a 3:12 roof pitch is provided; (g) Second dwelling units constructed above detached gal located within a lot's buildable area, pursuant to Section 21.10.015 (c)3(D) of this tit1 not subject to the one story/fourteen foot height limitation imposed on acce structures. (ii) Habitable detached accessory structures shall complj wil requirements of the zone applicable to placement of a dwelling unit on a lot incl 1) 4 ll m r) 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 setbacks. (iii) Detached accessory structures, which are not dwelling units contain no habitable space, including but not limited to garages, workshops, tool SI decks over 30 inches above grade, and freestanding patio covers shall comply wit€ following additional development standards when located within a lot's required set areas: (a) The maximum allowable building area per structure shal exceed a building coverage of 440 square feet; (b) The following setbacks shall apply: A front yard setback 1 feet, a rear yard setback of 5 feet, a side yard setback of 5 feet, and an alley setback feet; (c) The maximum plumbing drain size shall be 1 1/2 in( diameter so as to prohibit toilets, showers, bathtubs and other similar fixtures; (d) The additional development standards listed above (a-c) apply to the entire subject accessory structure, not just the portion encroaching into a setback area. (iv) The provisions of this section are applicable notwithstandin; permit requirements contained in Section 18.04.015 of this code." SECTION 7: That Title 21, Chapter 21.12, Section 21.12.050 of the Carlsbad Municipal Code is amended to read as follows: "21.12.050 (l)(D). (D)(i) All accessory structures shall comply with the folk development standards: (a) The lot coverage shall include accessory structures in th coverage calculations for the lot; (b)The distance between buildings used for human habitatior accessory buildings shall be not less than 10 feet; (c) When proposed on a lot adjoining native vegetation, acce structures within a fire suppression zone must be reviewed and approved by the Department; (d) Accessory buildings, by definition, do not share a commor with the main dwelling unit structure; (e) Buildings shall not exceed one story; (f) Building height shall not exceed fourteen feet if a mini roof pitch of 3:12 is provided or ten feet if less than a 3:12 roof pitch is provided; (g) Second dwelling units constructed above detached gar located within a lot's buildable area, pursuant to Section 21.10.015 (c)3(D) of this tit1 not subject to the one storyjfourteen foot height limitation imposed on acce structures. (ii) Habitable detached accessory structures shall comply wit requirements of the zone applicable to placement of a dwelling unit on a lot inch setbacks. (iii) Detached accessory structures, which are not dwelling unit contain no habitable space, including but not limited to garages, workshops, tool s decks over 30 inches above grade, and freestanding patio covers shall comply wit 5 0 0 1 2 3 4 5 6 7 8 9 following additional development standards when located within a lot’s required set areas: (a) The maximum allowable building area per structure shal exceed a building coverage of 440 square feet; (b) The following setbacks shall apply: A front yard setback ( feet, a rear yard setback of 5 feet, a side yard setback of 5 feet, and an alley setback feet; (c) The maximum plumbing drain size shall be 1 1/2 inc diameter so as to prohibit toilets, showers, bathtubs and other similar fixtures; (d) The additional development standards listed above (a-c) apply to the entire subject accessory structure, not just the portion encroaching into a setback area. (iv) The provisions of this section are applicable notwithstandiq permit requirements contained in Section 18.04.015 of this code.” 10 SECTION 8: That Title 21, Chapter 21.12, Section 21.12.050 ol 1 1 Carlsbad Municipal Code is amended to read as follows: 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 “21.12.050(2)(D). (D)(i) All accessory structures shall comply with the follo development standards: (a) The lot coverage shall include accessory structures in th coverage calculations for the lot; (b) The distance between buildings used for human habitatio~ accessory buildings shall be not less than 10 feet; (c) When proposed on a lot adjoining native vegetation, acce: structures within a fire suppression zone must be reviewed and approved by the Department; (d) Accessory buildings, by definition, do not share a common with the main dwelling unit structure; (e) Buildings shall not exceed one story; (f) Building height shall not exceed fourteen feet if a mini roof pitch of 3:12 is provided or ten feet if less than a 3:12 roof pitch is provided; (g) Second dwelling units constructed above detached gar located within a lot’s buildable area, pursuant to Section 21.10.015 (c)3(D) of this tit1 not subject to the one story/fourteen foot height limitation imposed on acce structures. (ii) Habitable detached accessory structures shall comply wit requirements of the zone applicable to placement of a dwelling unit on a lot inch setbacks. (iii) Detached accessory structures, which are not dwelling unit! contain no habitable space, including but not limited to garages, workshops, tool s decks over 30 inches above grade, and freestanding patio covers shall comply wit1 following additional development standards when located within a lot’s required sei areas: (a) The maximum allowable building area per structure sha exceed a building coverage of 440 square feet; ~ It 6 I! 0 0 1 2 3 4 5 6 7 8 (b) The following setbacks shall apply: A front yard setback 1 feet, a rear yard setback of 5 feet, a side yard setback of 5 feet, and an alley setback feet; (c) The maximum plumbing drain size shall be 1 1/2 in( diameter so as to prohibit toilets, showers, bathtubs and other similar fixtures; (d) The additional development standards listed above (a-c) apply to the entire subject accessory structure, not just the portion encroaching into a setback area. (iv) The provisions of this section are applicable notwithstandin; permit requirements contained in Section 18.04.015 of this code." SECTION 9: That Title 21, Chapter 21.16, Section 21.16.050 o 9 ll Carlsbad Municipal Code is amended to read as follows: 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 "21.16.050(1)(D). (D)(i) All accessory structures shall comply with the follo development standards: (a) The lot coverage shall include accessory structures in th coverage calculations for the lot; (b) The distance between buildings used for human habitatiol accessory buildings shall be not less than 10 feet; (c) When proposed on a lot adjoining native vegetation, acce: structures within a fire suppression zone must be reviewed and approved by the Department; (d) Accessory buildings, by definition, do not share a common with the main dwelling unit structure; (e) Buildings shall not exceed one story; (0 Building height shall not exceed fourteen feet if a mini: roof pitch of 3:12 is provided or ten feet if less than a 3:12 roof pitch is provided; (g) Second dwelling units constructed above detached gar located within a lot's buildable area, pursuant to Section 21.10.015 (c)3(D) of this tit1 not subject to the one story/fourteen foot height limitation imposed on acce! structures. (ii) Habitable detached accessory structures shall comply wit1 requirements of the zone applicable to placement of a dwelling unit on a lot inch setbacks. (iii) Detached accessory structures, which are not dwelling units contain no habitable space, including but not limited to garages, workshops, tool SI decks over 30 inches above grade, and freestanding patio covers shall comply wit1 following additional development standards when located within a lot's required set areas: (a) The maximum allowable building area per structure shal exceed a building coverage of 440 square feet; (b) The following setbacks shall apply: A front yard setback feet, a rear yard setback of 5 feet, a side yard setback of 5 feet, and an alley setback feet; (c) The maximum plumbing drain size shall be 1 1/2 inc I1 7 ll 0 e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 diameter so as to prohibit toilets, showers, bathtubs and other similar fixtures; (d) The additional development standards listed above (a-c) apply to the entire subject accessory structure, not just the portion encroaching into a setback area. (iv) The provisions of this section are applicable notwithstandin! permit requirements contained in Section 18.04.015 of this code." SECTION 10: That Title 21, Chapter 21.16, Section 21.16.050 ol Carlsbad Municipal Code is amended to read as follows: "21.16.050(2)(DI. (D)(i) All accessory structures shall comply with the folk development standards: (a) The lot coverage shall include accessory structures in th coverage calculations for the lot; (b) The distance between buildings used for human habitatiol accessory buildings shall be not less than 10 feet; (c) When proposed on a lot adjoining native vegetation, acce structures within a fire suppression zone must be reviewed and approved by the Department; (d) Accessory buildings, by definition, do not share a commor with the main dwelling unit structure; (e) Buildings shall not exceed one story; (f) Building height shall not exceed fourteen feet if a mini roof pitch of 3:12 is provided or ten feet if less than a 3:12 roof pitch is provided; (g) Second dwelling units constructed above detached gar located within a lot's buildable area, pursuant to Section 21.10.015 (c)3(D) of this tit1 not subject to the one story/fourteen foot height limitation imposed on acce structures. (ii) Habitable detached accessory structures shall comply wit requirements of the zone applicable to placement of a dwelling unit on a lot inch setbacks. (iii) Detached accessory structures, which are not dwelling unitl contain no habitable space, including but not limited to garages, workshops, tool s decks over 30 inches above grade, and freestanding patio covers shall comply wit: following additional development standards when located within a lot's required se areas: (a) The maximum allowable building area per structure sha exceed a building coverage of 440 square feet; (b) The following setbacks shall apply: A front yard setback feet, a rear yard setback of 5 feet, a side yard setback of 5 feet, and an alley setbacl feet; (c) The maximum plumbing drain size shall be 1 1/2 in diameter so as to prohibit toilets, showers, bathtubs and other similar fixtures; (d) The additional development standards listed above (a-c) apply to the entire subject accessory structure, not just the portion encroaching into 2 setback area. ll 8 !I 0 e II 1 2 permit requirements contained in Section 18.04.0315 of this code." (iv) The provisions of this section are applicable notwithstandini 3 SECTION 11: That Title 21, Chapter 21.18, Section 21.18.050 oj 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 Carlsbad Municipal Code is amended to read as follows: "21.18.050 (7MC). (C)(i) All accessory structures shall comply with the follo development standards: (a) The lot coverage shall include accessory structures in th coverage calculations for the lot; (b) The distance between buildings used for human habitatior accessory buildings shall be not less than 10 feet; (c) When proposed on a lot adjoining native vegetation, acce: structures within a fire suppression zone must be reviewed and approved by the Department; (d) Accessory buildings, by definition, do not share a common with the main dwelling unit structure; (e) Buildings shall not exceed one story; (f) Building height shall not exceed fourteen feet if a minil roof pitch of 3:12 is provided or ten feet if less than a 3:12 roof pitch is provided; (g) Second dwelling units constructed above detached gar located within a lot's buildable area, pursuant to Section 21.10.015 (c)3(D) of this tit11 not subject to the one story/fourteen foot height limitation imposed on acce: structures. (ii) Habitable detached accessory structures shall comply wit: requirements of the zone applicable to placement of a dwelling unit on a lot inch setbacks. (iii) Detached accessory structures, which are not dwelling units contain no habitable space, including but not limited to garages, workshops, tool s! decks over 30 inches above grade, and freestanding patio covers shall comply wit1 following additional development standards when located within a lot's required sei areas: (a) The maximum allowable building area per structure sha: exceed a building coverage of 440 square feet; (b) The following setbacks shall apply: A front yard setback feet, a rear yard setback of 5 feet, a side yard setback of 5 feet, and an alley setback feet; (c) The maximum plumbing drain size shall be 1 1/2 in1 diameter so as to prohibit toilets, showers, bathtubs and other similar fixtures; apply to the entire subject accessory structure, not just the portion encroaching into a setback area. (iv) The provisions of this section are applicable notwithstandin permit requirements contained in Section 18.04.015 of this code." I (d) The additional development standards listed above (a-c) SECTION 12: That Title 21, Chapter 21.20, Section 21.20.080 o II 9 I1 I1 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Carlsbad Municipal Code is amended to read as follows: "21.20.080. Accessory Structures. (1) All accessory structures shall comply with the follo development standards: (a) The lot coverage shall include accessory structures in th coverage calculations for the lot; (b) The distance between buildings used for human habitatior accessory buildings shall be not less than 10 feet; (c) When proposed on a lot adjoining native vegetation, acce: structures within a fire suppression zone must be reviewed and approved by the Department; (d) Accessory buildings, by definition, do not share a common with the main dwelling unit structure; (e) Buildings shall not exceed one story; (9 Building height shall not exceed fourteen feet if a minil roof pitch of 3:12 is provided or ten feet if less than a 3:12 roof pitch is provided; (g) Second dwelling units constructed above detached gar, located within a lot's buildable area, pursuant to Section 21.10.015 (c)3(D) of this titlc not subject to the one story/fourteen foot height limitation imposed on acce: structures. (ii) Habitable detached accessory structures shall comply wit1 requirements of the zone applicable to placement of a dwelling unit on a lot inch setbacks. (iii) Detached accessory structures, which are not dwelling units contain no habitable space, including but not limited to garages, workshops, tool SI decks over 30 inches above grade, and freestanding patio covers shall comply wit1 following additional development standards when located within a lot's required set areas: (a) The maximum allowable building area per structure shal exceed a building coverage of 440 square feet; (b) The following setbacks shall apply: A front yard setback feet, a rear yard setback of 5 feet, a side yard setback of 5 feet, and an alley setback feet; (c) The maximum plumbing drain size shall be 1 1/2 inc diameter so as to prohibit toilets, showers, bathtubs and other similar fixtures; (d) The additional development standards listed above (a-c) apply to the entire subject accessory structure, not just the portion encroaching into a setback area. (iv) The provisions of this section are applicable notwithstandin permit requirements contained in Section 18.04.015 of this code." 26 27 Carlsbad Municipal Code is amended to read as follows: SECTION 13: That Title 21, Chapter 21.22, Section 21.22.060 o 28 "21.22.060. Accessory Structures. (1) All accessory structures shall comply with the folk II 10 0 e 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 development standards: (a) The lot coverage shall include accessory structures in thl coverage calculations for the lot; (b) The distance between buildings used for human habitation accessory buildings shall be not less than 10 feet; (c) When proposed on a lot adjoining native vegetation, awe! structures within a fire suppression zone must be reviewed and approved by the Department; (d) Accessory buildings, by definition, do not share a common with the main dwelling unit structure; (e) Buildings shall not exceed one story; (f) Building height shall not exceed fourteen feet if a mini] roof pitch of 3:12 is provided or ten feet if less than a 3: 12 roof pitch is provided; (g) Second dwelling units constructed above detached gar; located within a lot's buildable area, pursuant to Section 21.10.015 (c)3(D) of this titlc not subject to the one story/fourteen foot height limitation imposed on acce! structures. (ii) Habitable detached accessory structures shall comply wit1 requirements of the zone applicable to placement of a dwelling unit on a lot inch setbacks. (iii) Detached accessory structures, which are not dwelling units contain no habitable space, including but not limited to garages, workshops, tool SI decks over 30 inches above grade, and freestanding patio covers shall comply wit1 following additional development standards when located within a lot's required set areas: (a) The maximum allowable building area per structure shal exceed a building coverage of 440 square feet; (b) The following setbacks shall apply: A front yard setback feet, a rear yard setback of 5 feet, a side yard setback of 5 feet, and an alley setback feet; (c) The maximum plumbing drain size shall be 1 1/2 inc diameter so as to prohibit toilets, showers, bathtubs and other similar fixtures; (d) The additional development standards listed above (a-c) apply to the entire subject accessory structure, not just the portion encroaching into a setback area. (iv) The provisions of this section are applicable notwithstandin permit requirements contained in Section 18.04.015 of this code." SECTION 14: That Title 21, Chapter 21.24, Section 21.24.090 of the Car Municipal Code is amended to read as follows: "21.24.090. Accessory Structures. (1) All accessory structures shall comply with the folk (a) The lot coverage shall include accessory structures in tl (b) The distance between buildings used for human habitatio development standards: coverage calculations for the lot; ll 11 I1 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 accessory buildings shall be not less than 10 feet; (c) When proposed on a lot adjoining native vegetation, acce: structures within a fire suppression zone must be reviewed and approved by the Department; (d) Accessory buildings, by definition, do not share a common with the main dwelling unit structure; (e) Buildings shall not exceed one story; (f) Building height shall not exceed fourteen feet if a minil roof pitch of 3:12 is provided or ten feet if less than a 3:12 roof pitch is provided; (g) Second dwelling units constructed above detached gar located within a lot's buildable area, pursuant to Section 21.10.015 (c)3(D) of this tit11 not subject to the one story/fourteen foot height limitation imposed on acce; structures. (ii) Habitable detached accessory structures shall comply wit requirements of the zone applicable to placement of a dwelling unit on a lot inch setbacks. (iii) Detached accessory structures, which are not dwelling unib contain no habitable space, including but not limited to garages, workshops, tool SI decks over 30 inches above grade, and freestanding patio covers shall comply wit1 following additional development standards when located within a lot's required set areas: (a) The maximum allowable building area per structure shal exceed a building coverage of 440 square feet; (b) The following setbacks shall apply: A front yard setback feet, a rear yard setback of 5 feet, a side yard setback of 5 feet, and an alley setback feet; (c) The maximum plumbing drain size shall be 1 112 inc diameter so as to prohibit toilets, showers, bathtubs and other similar fixtures; (d) The additional development standards listed above (a-c) apply to the entire subject accessory structure, not just the portion encroaching into a setback area. (iv) The provisions of this section are applicable notwithstandin permit requirements contained in Section 18.04.015 of this code." EFFECTIVE DATE: This ordinance shall be effective thirty days aft adoption and final approval by the California Coastal Commission, and the city clerk certify to the adoption of this ordinance and cause it to be published at least once newspaper of general circulation within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Car City Council on the 2nd day of APRIL , 1996, and thereafter ///I I 12 II e m PASSED AND ADOPTED at a regular meeting of the City Council o 1 2 City of Carlsbad on the 9th day of APRIL , 1996, by the following vote, to wit: 3 7 6 5 NOES: None 4 AYES: Council Members Lewis, Nygaard, Kulchin, Finnila, Ha: ABSENT: None APPROVED AS TO FORM AND LEGALITY 8 9 10 11 12 1f2-1 RONALD R. BALL, City Attorney q. //. 96 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ATTEST: ALETHA L. RAUTENKRANZ, city @e (SEAL) Ii 13