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HomeMy WebLinkAbout2003-06-24; City Council; NS-663; Second Dwelling Units Amendment...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 ORDINANCE NO. NS-663 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING TITLE 21 OF THE CARLSBAD MUNICIPAL CODE BY AMENDING VARIOUS CHAPTERS AND SECTIONS TO ALLOW SECOND DWELLING UNITS PROPOSED OUTSIDE OF THE COASTAL ZONE TO BE CONSIDERED MINISTERIALLY WITHOUT DISCRETIONARY REVIEW OR A PUBLIC HEARING AND SECOND DWELLING UNITS PROPOSED WITHIN THE COASTAL ZONE TO BE CONSIDERED AS MINOR COASTAL DEVELOPMENT PERMITS BUT WITHOUT A PUBLIC HEARING. CASE NAME: SECOND DWELLING UNITS AMENDMENT CASE NO.: ZCA 92-04(B)/LCPA 03-02 The City Council of the City of Carlsbad, California, does ordain as follows: SECTION 1 : That Title 21, Chapter 21.08 of the Carlsbad Municipal Code is amended by the amendment of Section 21.08.01 5 to read as follows: 21.08.01 5 Second dwelling units Second dwelling units are permitted according to the provisions of Section 21.10.015 of this title. The development standards of this zone shall apply. (Ord. NS-283 5 4, 1994) SECTION 2: That Title 21, Chapter 21.09 of the Carlsbad Municipal Code is amended by the amendment of Section 21.09.025 to read as follows: 21.09.025 Second dwelling units. Second dwelling units are permitted according to the provisions of Section 21.10.015 of this title. The development standards of this zone shall apply. (Ord. NS-283 3 5, 1994) SECTION 3: That Title 21, Chapter 21.10 of the Carlsbad Municipal Code is amended by the amendment of Section 21.10.015 to read as follows: 21.10.015 Second dwelling units. (a) The public good is served when there exists in a city, housing which is appropriate for the needs of and affordable to all members of the public who reside within that city. Among other needs, there is in Carlsbad a need for affordable rental housing. Therefore, it is in the public interest for the city to promote a range of housing alternatives in order to meet the affordable rental housing needs of its citizens. This section is intended to provide a rental- housing alternative by establishing a procedure to create new second dwelling units. (b) The provisions of this section shall apply to single-family zones R-A, R-E and R-I, areas designated by a master plan for single-family detached dwellings in P-C zones and lots within multifamily zones R-2, R-3, R-P, R-T, R-W and RD-M, which are developed with single- family residences. A 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 (c) Second dwelling units developed within the coastal zone require a minor coastal development permit issued according to the provisions of Section 21.201.085 of this title and a building permit. Second dwelling units developed outside of the coastal zone require a building permit. (d) The completed minor coastal development permit and/or building permit application for a second dwelling unit shall include the following information: (1) The name(s) of the owner(s); (2) The address of the dwelling units; (3) The assessor's parcel number; (4) Building elevations and a general floor plan of the second dwelling unit; (5) A scaled drawing showing the lot dimension, the location of the primary and second dwelling unit, location of all vehicular parking and the total square footage of both units; (6) Description and location of water and sanitary (sewer) services; (7) An applicant-signed Affidavit of Compliance declaring that: (a) the second dwelling unit is not in conflict with existing conditions, covenants and restrictions (CC and Rs) applicable to the title of the subject property; (b) the property owner(s) shall reside in either the main dwelling unit or the second dwelling unit unless a lessee leases both the main dwelling and the second dwelling unit; (c) the property owners agree to rent the second dwelling unit at a monthly rental rate which shall not exceed an amount equal to thirty percent of the gross monthly income of a low-income household, adjusted for household size, at eighty percent of the San Diego County median income. (e) Second dwelling units shall comply with the following: (1) The second dwelling unit shall either be attached to the main dwelling unit and located within the habitable area of the main dwelling unit or detached from the main dwelling unit and located on the same lot as the main dwelling unit. (2) The second dwelling unit shall have a separate entrance. (3) The second dwelling unit must meet the setback, lot coverage, and other development standards applicable to the zone, which are not addressed within this subsection. In the coastal zone, any housing development processed pursuant to this chapter shall be consistent with all certified local coastal program provisions, with the exception of density, or as otherwise specified within this subsection. (4) Attached second dwelling units shall conform to the height limits applicable to the zone and detached second dwelling units shall be limited to one story, except that second dwelling units constructed above detached garages shall be permitted, and shall conform to the height limits applicable to the zone. (5) Garage conversions are prohibited unless replacement off-street garage parking is provided concurrently and in compliance with the requirements of Chapter 21.44 of this title. (6) Second dwelling units shall not be permitted on a lot or parcel having guest or accessory living quarters, or a residential care facility. Existing guest or accessory living quarters may be converted into a second dwelling unit provided that all zoning and structural requirements are met. (7) One additional paved off-street (covered or uncovered) parking space shall be provided for the second dwelling unit and shall comply with the requirements of Chapter 21.44 of this title. The additional parking space may be provided through tandem parking (provided that the garage is set back a minimum of twenty feet from the property line) or in the front yard setback. (8) Adequate water and sewer capacity and facilities for the second dwelling unit must be available or made available. (9) All necessary public facilities and services must be available or made available. Ordinance No. NS-663 3 -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 (IO) The second unit may be rented and shall not be sold separately from the main dwelling unit unless the lot on which such units are located is subdivided. The lot upon which the second unit is located shall not be subdivided unless each lot which would be created by the subdivision will comply with the requirements of this title and Title 20; and further provided, that all structures existing on each proposed lot will comply with the development standards applicable to each lot. (1 1) The total area of floor space for an attached or detached second unit shall not exceed six hundred forty square feet. (12) The second dwelling unit shall be architecturally compatible with the main dwelling unit, in terms of appearance, materials and finished quality. (13) A second dwelling unit which conforms to the requirements of this section shall be allowed to exceed the permitted density for the lot upon which it is located and shall be deemed to be a residential use consistent with the density requirements of the general plan and the zoning designation for the lot. (14) The size of the lot upon which a second dwelling unit is proposed shall not be less than the minimum lot size required of the zone. SECTION 4: That Title 21, Chapter 21 .I 0 of the Carlsbad Municipal Code is amended by the addition of section 21.10.1 10 to read as follows: 21.10.110 Severability. If any section, subsection, sentence, clause phrase or part of this chapter is for any reason found by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this chapter, which shall be in full force and effect. The city council hereby declares that it would have adopted this chapter with each section, subsection, sentence, clause, phrase or part thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or parts be declared invalid or unconstitutional. SECTION 5: That Title 21, Chapter 21.12 of the Carlsbad Municipal Code is amended by the amendment of section 21.12.015 to read as follows: 21.12.01 5 Second dwelling units. Second dwelling units are permitted according to the provisions of Section 21.10.015 of this title on lots which are developed with detached single-family residences. The development standards of this zone shall apply. (Ord. NS-283 § 7, 1994) SECTION 6: That Title 21, Chapter 21 .I6 of the Carlsbad Municipal Code is amended by the amendment of section 21.16.017 to read as follows: 21.16.01 7 Second dwelling units. Second dwelling units are permitted according to the provisions of Section 21.10.015 of this title on lots which are developed with detached single-family residences. The development standards of this zone shall apply. (Ord. NS-283 § 7, 1994) kdinance No. NS-663 -3 - 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 SECTION 7: That Title 21, Chapter 21 .I 8 of the Carlsbad Municipal Code is amended by the amendment of section 21 .I 8.046 to read as follows: 21 .I 8.046 Second dwelling units. Second dwelling units are permitted according to the provisions of Section 21.10.015 of this title on lots which are developed with detached single-family residences. The development standards of this zone shall apply. (Ord. NS-283 § 7, 1994) SECTION 8: That Title 21, Chapter 21.20 of the Carlsbad Municipal Code is amended by the amendment of section 21.20.026 to read as follows: 21.20.026 Second dwelling units. Second dwelling units are permitted according to the provisions of Section 21.10.015 of this title on lots which are developed with detached single-family residences. The development standards of this zone shall apply. (Ord. NS-283 § 7, 1994) SECTION 9: That Title 21, Chapter 21.22 of the Carlsbad Municipal Code is amended by the amendment of section 21.22.016 to read as follows: 21.22.01 6 Second dwelling units. Second dwelling units are permitted according to the provisions of Section 21.10.015 of this title on lots which are developed with detached single-family residences. The development standards of this zone shall apply. (Ord. NS-283 5 7, 1994) SECTION IO: That Title 21, Chapter 21.24 of the Carlsbad Municipal Code is amended by the amendment of section 21.24.026 to read as follows: 21.24.026 Second dwelling units. Second dwelling units are permitted according to the provisions of Section 21.10.015 of this title on lots which are developed with detached single-family residences. The development standards of this zone shall apply. (Ord. NS-283 § 7, 1994) SECTION 11: That Title 21, Chapter 21.38 of the Carlsbad Municipal Code is amended by the amendment of section 21.38.025 to read as follows: 21.38.025 Second dwelling units. Second dwelling units are permitted according to the provisions of Section 21.10.015 of this title in areas designated by a master plan for single-family detached dwellings. For second dwelling units proposed on standard lots (minimum seven thousand five hundred square feet in area) which are developed with detached single-family residences, the development standards of Chapter 21.10 shall apply. For second dwelling units proposed on substandard lots (less than seven thousand five hundred square feet in area) which are developed with detached single- family residences, the development standards of Chapter 21.45 shall apply. (Ord. NS-283 § 6, 1994) Ordinance No. NS-663 -4- 5 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 Table F Residential Additions/Accessory Use Standards of Frontyard Setback Sideyard Rear Yard Remarks Required Type OfTYPe Residential Use Accessory Use Setback Setback Permit Single-family Attached1 20 feet 5 feet to posts 5 feet to postsopen or Building (SF), Two-family detached Patio with a permitted with a permitted lattice-top covers may (TF) be located within the required private recreation space. Covers 2 foot overhang 2 foot overhang patio SF Garages, 20 feet 5 feet 5 feet See (2). Residential Workshops Addition SF, TF Frontyard Arbors 5 feet 5 feet NIA Open Building SECTION 12: That Title 21, Chapter 21.45 of the Carlsbad Municipal Code is amended a driveway. by the amendment of section 21.45.090 to read as follows: trellises or arbors not greater in size than 4 ft. x 6 ft. x 10 ft or 4 ft. x10ft.x the width of the driveway if used over 21.45.090 Residential additions and accessory uses. Residential Additions and Accessory Uses. Table F includes a listing of residential additions and accessory use standards that are permitted based on the type of residential use, the type of permit required and the required development standards. SF, TF Tool Sheds, Decks over 30 inches in height SF, TF Porte-cochere Room Additions, Other Habitable Structures SF, TF SF Second Dwelling Units 20 feet 5 feet 5 feet See (1). Building Must observe same Must observe NIA Residential setbacks as home same setbacks Addition Must comply with See (I), Residential Standards of Section 21.45.070 Must comply with See (2), Building standards of Sections 2 I. 10.0 1 5 and 21.45.070. as home Addition all development (2). all development (3). Ordinance No. NS-663 -5- b 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 SF SF, TF SF, TF I Table F. continued Guest Houses Must comply with See (2), Residential all development (3). Addition standards of Section 21.45.070. Pool, Spa 20 feet 5 feet for pool, 2 5 feet for pool, 2 Building feet for spa. Satellite Antenna NIA NIA NIA NIA See feet for spa. Sections 21.53.140, 21.45.060 SECTION 13: That Title 21, Chapter 21.201 of the Carlsbad Municipal Code is amended by the amendment of section 21 .201.085 to read as follows: 21.201.085 Minor Coastal Permits for Second Dwelling Units. A. The planning director may issue minor coastal permits for second dwelling units in the coastal zone which comply with the following criteria: 1. The development is consistent with Section 21.10.01 5 of this title and the certified local coastal program as defined in Section 301 08.6 of the Coastal Act. 2. The development has no adverse effect individually or cumulatively on coastal resources or public access to the shoreline or along the coast. B. The director shall give written notice of pending development decision after the application is complete, at least fifteen working days prior to the decision on the application as follows: I. Contents. The notice shall include: a statement of a public comment period of at least fifteen working days sufficient to receive and consider comments submitted by mail prior to the date established for the decision. 2. Recipients. The notice shall be sent by first class mail to: a. Any person requesting to be on the mailing list for the project or for coastal b. All property owners and residents within one hundred feet of the project c. The Coastal Commission; and d. The applicant. decisions; and perimeter; and C. The Planning Director may approve, approve with conditions or deny the permit. The director’s decision shall be based upon the requirements of, and shall include specific factual findings supporting whether the project is or is not in conformity with, the certified local coastal program (and, if applicable, with the public access and recreation policies of Chapter 3 of the Coastal Act). The Planning Director’s decision shall be made in writing. The date of the decision shall be the date the writing containing the decision or determination is mailed or otherwise delivered to the person or persons affected by the decision or determination. The Planning Director shall provide a notice of final local action in accordance with Sections 21.201 .I60 and 21.201 .I70 of this code, in addition to the director’s written decision. D. Minor coastal permits for Second Dwelling Units are not appealable to the Planning Commission or City Council. Ordinance No. NS-663 -6- 7 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 EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in a publication of general circulation in the City of Carlsbad within fifteen days after its adoption. (Not withstanding the preceding, this ordinance shall not be effective within the City’s Coastal Zone until approved by the California Coastal Commission.) INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 17th day of JUNE 2003, and thereafter. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the 24th day of JUNE 2003, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Hall, Packard NOES: None ABSENT: Council Member Finnila ABSTAIN: None h ATTEST: I LORRAINE M. Woe%, City Clerk ’ (SEAL) APPVED AS TO FORM AND LEGALITY: fJ4LR.k RONALD R. BALL, City Attorney Ordinance No. NS-663 -7-