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Home My WebLink About2009-04-07; City Council; CS-026; California Coastal Commissions Suggested Modifications to Planned Development Regulation Amendments...ORDINANCE NO. CS-026 AN ORDINANCE OF THE ClTY COUNCIL OF THE ClTY OF CARLSBAD, CALIFORNIA APPROVING A ZONE CODE AMENDMENT AND LOCAL COASTAL PLAN AMENDMENT TO MODIFY THE STANDARDS IN MUNICIPAL CODE CHAPTER 21.45 (PLANNED DEVELOPMENTS) AND CHAPTER 21.82 (BEACH AREA OVERLAY ZONE), ACCEPTING THE CALIFORNIA COASTAL COMMISSION'S SUGGESTED MODIFICATIONS TO THE PLANNED DEVELOPMENT REGULATION AMENDMENTS AND OTHER MINOR MODIFICATIONS, INCLUDING CHANGES TO THE PRIVATE RECREATION SPACE REQUIREMENTS FOR CONDOMINUM PROJECTS, DELETION OF THE TWO-STORY LIMITATION FOR ONE-FAMILY DWELLINGS AND WIN HOMES ON SMALL LOTS, AND OTHER MINOR MODIFICATIONS TO ENABLE HIGH QUALITY RESIDENTIAL DEVELOPMENT CONSISTENT WITH THE DENSITY REQUIREMENTS OF THE GENERAL PLAN. CASE NAME: CALIFORNIA COASTAL COMMISSION'S SUGGESTED MODIFICATIONS TO THE PLANNED DEVELOPMENT REGULATION AMENDMENTS CASE NO.: ZCA 05-02(A)/LCPA 05-07(A) WHEREAS, the Planning Commission did on October 18, 2006 and December 6, 2006, hold a duly noticed public hearings as prescribed by law to consider Zone Code Amendment (ZCA 05-02) and Local Coastal Program Amendment (LCPA 05-07) to amend the standards in the Planned Development, Parking, and Beach Area Overlay Zone chapters of the Zoning Ordinance to facilitate the development of high quality residential projects consistent with the residential density policies of the Carlsbad General Plan, and to clarify ambiguities and correct inconsistencies; and WHEREAS, the Planning Commission adopted Planning Commission Resolutions No. 6140, 6141, and 6142 recommending to the City Council adoption of the project Negative Declaration, and approval of ZCA 05-02 and LCPA 05-07; and WHEREAS, the City Council did on February 20, 2007, hold a duly noticed public hearing as prescribed by law to consider said ZCA 05-02 and LCPA 05-07, and introduced Ordinance No. NS-834 to approve ZCA 05-02, and adopted Resolution No. 2007-036, approving LCPA 05-07, the effective date of which was subject to the California Coastal Commission's approval of said LCPA; and WHEREAS, the City Council did on March 6, 2007, adopt Ordinance No. NS- 834, approving ZCA 05-02, the effective date of which was subject to the California Coastal Commission's approval of LCPA 05-07; and WHEREAS, on January 8, 2009, the California Coastal Commission approved LCPA 05-07 with suggested modifications; and WHEREAS, the Planning Commission did on February 18, 2009, hold a duly noticed public hearing as prescribed by law to consider Zone Code Amendment (ZCA 05-02(A)) and Local Coastal Program Amendment (LCPA 05-07(A)) to amend the Planned Development and Beach Area Overlay Zone chapters of the Zoning Ordinances, pursuant to the California Coastal Commission's suggested modifications; and WHEREAS, the City Council did on March24, 2009, hold a duly noticed public hearing as prescribed by law to consider said ZCA 05-02(A) and LCPA 05-07(A), and WHEREAS, accepting and administering the California Coastal Commission's suggested modifications, as set forth in this ordinance, is necessary to comply with the California Coastal Act and California Administrative Code. NOW, THEREFORE, the City Council of the City of Carlsbad, California does ordain as follows: SECTION 1: That Row C.7 of Table C of Section 21.45.060 of the Carlsbad Municipal Code, as previously approved pursuant to Ordinance No. NS-834, is modified to read as follows: On-street visitor parking is permitted on privatelpublic streets, subject to the following: The privatelpublic street is a minimum 34-feet wide (curb-to- curb) There are no restrictions that would prohibit on-street parking where the visitor parking is proposed The visitor parking spaces may be located: o Along one or both sides of any privatelpublic street(s) located within the project boundary, and o Along the abutting side and portion of any existing publiclprivate street(s) that is contiguous to the project boundary C.7 -2- Location Of Visitor Parking On Public Streets On Drive-aisles On a Driveway 'Ompact Parking In parking bays along publiclprivate streets within the project boundary, provided the parking bays are outside the minimum required street right-of-way width. When visitor parking is provided as on-street parallel parking, not less than 24 lineal feet per space, exclusive of drivewayldrive-aisle entrances and aprons, shall be provided for each parking space, except where parallel parking spaces are located immediately adjacent to drivewayldrive-aisle aprons, then 20 lineal feet may be provided. Within the Beach Area Overlay Zone, on-street parking shall not count toward meeting the visitor parking requirement. Visitor parking must be provided in parking bays that are located outside Outside the Beach Area Overlay Zone Within Beach the Area Overlay Zone All For projects the required minimum drive-aisle width. One required visitor parking space may be credited for each driveway in a project that has a depth of 40 feet or more. For projects with 10 or fewer units, all required visitor parking may be located within driveways (located in front of a unit's garage), provided that all dwelling units in the project have driveways with a depth of 20 feet or more. One required visitor parking space may be credited for each driveway in a project that has a depth of 40 feet or more. If the streets within andlor adjacent to the project allow for on-street parking on both sides of the street, then visitor parking may be located in a driveway, subject to the following: All required visitor parking may be located within driveways (located in front of a unit's garage). provided that all dwelling units in the project have driveways with a depth of 20 feet or more. If less than 100% of the driveways in a project have a depth of 20 feet or more, then a .25 visitor parking space will be credited for each driveway in a project that has a depth of 20 feet or more (calculations resulting in a fractional parking space credit shall always be rounded down to the nearest whole number). The minimum driveway depth required for visitor parking (20 feet or 40 feet) applies to driveways for front or side-loaded garages, and is measured from the property line, back of sidewalk, or from the edge of the drive-aisle, whichever is closest to the structure. of more than 25 units, up to 25% of visitor parking may be provided as compact spaces (8 feet by 15 feet). No overhang is permitted into any required setback area or over sidewalks less than 6 feet wide. For all projects within the Beach Area Overlay Zone, up to 55% of the visitor parking may be provided as compact spaces (8 feet by 15 feet). Distance from unit Visitor parking spaces must be located no more than 300 feet as measured in a logical walking path from the entrance of the unit it could be considered to serve. SECTION 2: That Row C.ll of Table C of Section 21.45.060 of the Carlsbad Municipal Code, as previously approved pursuant to Ordinance No. NS-834, is deleted. SECTION 3: That Row D.4 of Table D of Section 21.45.070 of the Carlsbad Municipal Code, as previously approved pursuant to Ordinance No. NS-834, is modified to read as follows: D.4 Maximum Lot Coverage 1 story homes Homes with stories Or 60% of the net pad area 45% of the net pad area for all lots in a project, if the minimum - lot area in the project is 5,000 square feet or greater. 50% of the net pad area for all lots in a project, if the minimum lot area in the project is less than 5,000 square feet. SECTION 4: That Rows D.8 through D.12 of Table D of Section 21.45.070 of the Carlsbad Municipal Code, as previously approved pursuant to Ordinance No. NS-834, are modified to read as follows: Porches with no livable space above the porch, and porte-cocheres no more than 20 feet in width and 6 feet in depth are exempt from lot coverage requirements. D.8 D'9 Minimum Setback from a Minimum Interior Side Yard Setback Residential structure Garage Projects of 25 units Or less within the RMH and RH general plan designations --- One-family dwellings 5 feet, fully landscaped (walkways providing access to dwelling entryways may be located within required landscaped area) 3 feet Garages facing directly onto a drive-aisle shall be equipped with an automatic garage door opener. 0 feet (residential structure and garage) Garages facing directly onto a drive-aisle shall be equipped with an automatic garage door opener. Option 1 Residential structure Garage Each interior side yard setback shall be a minimum of 10% of the lot width; provided that each side yard setback is not less than 5 feet, and need not exceed 10 feet. Located on the front half of the lot Located on the rear half of the lot Same as required for residence. Need not exceed 5 feet Any living space above a garage shall observe the same interior side yard setback required for the residence. Option 2 Residential structure and Garage D.10 D.ll D. One interior side yard setback may be reduced to 0 feet (zero lot line); provided the other side yard setback is a minimum of 20% of the lot width, and need not exceed 20 feet. as previously approved pursuant to Ordinance No. NS-834, is modified to add the following footnote: Minimum Rear Yard Setback (where the rear property line does not front on a street or drive-aisle) Maximum Building Height, Number of Stories private Recreational Space Twin-homes Residential structure Garage (located on the rear half of the lot) One side yard - 0 feet (the side yard where the dwellings on each lot are attached). The other side yard setback shall be a minimum of 20% of the lot width, and need not exceed 20 feet. 20% of lot width, provided the rear yard setback is not less than 10 feet, and need not exceed 20 feet. 5 feet from rear property line Any living space above a garage shall observe the same rear yard setback required for "residence", above. Same as required by the underlying zone, and not to exceed three stories (5)(8) Minimum total area per unit Minimum dimension of recreational space 400 square feet (may consist of more than one recreational space) feet Required private recreational space shall be located at ground level and designed so as to be functional, usable, and easily accessible from the dwelling it is intended to serve, and shall not have a slope gradient greater than 5%. Required private recreational space shall not be located within front yard setback areas, and may not include any driveways, parking areas, storage areas, or walkways (except those walkways that are clearly integral to the design of the recreation area). Open or lattice-top patio covers may be located within the required private recreation space (provided the patio cover complies with all applicable standards, including the required setbacks specified in Section 21.45.090). Attached solid patio covers and decks/balconies may project into a required private recreational space, subject to the following: The depth of the projection shall not exceed 6 feet (measured from the wall of the dwelling that is contiguous to the patio/deck/balcony). The length of the projection shall not be limited, except as required by any setback or lot coverage standards. The patio cover/deck/balcony shall comply with all applicable standards, including the required setbacks specified in Section 21.45.090. SECTION 5: That Table D of Section 21.45.070 of the Carlsbad Municipal Code, (*) Protrusions above the height limit shall be allowed pursuant to Section 21.46.020 of this code. Such protrusions include protective barriers for balconies and roof decks. SECTION 6: That Row E.4 of Table E of Section 21.45.080 of the Carlsbad Municipal Code, as previously approved pursuant to Ordinance No. NS-834, is modified to read as follows: E.4 Building Height Same as required by the underlying zone, and not to exceed three stories '') (7) ' Projects within the RH plan desi nation (I)(# SECTION 7: That Row E.5 of Table E of Section 21.45.080 of the Carlsbad Municipal Code, as previously approved pursuant to Ordinance No. NS-834, is modified to read as follows: 40 feet, if roof pitch is 3:12 or greater 35 feet, if roof pitch is less than 3:12 Building height shall not exceed three stories 10 feet 20 feet 5 feet fully landscaped (walkways providi;lg access to dwelling entryways may be located within required landscaped area) 0 feet when projecting over the front of a garage. 3 feet Garages facing directly onto a drive- aisle shall be equipped with an automatic garage door opener. 0 feet (residential structure and garage) Garages facing directly onto a drive- aisle shall be equipped with an automatic garage door opener. 0 feet May cantilever over a drive-aisle, provided the balconyldeck does not impede access and complies with all other applicable requirements, such as: Setbacks from property lines Building separation Fire and Engineering Department requirements -6- Residential structure Direct entry garage Residential structure (except as specified below) structure directly above a garage Garage Projects of 25 units or less within the RMH and RH general plan designations Balconiesldecks (unenclosed and From a private or public street(*)(3) F~~~ a drive- E.5 Minimum Building Setbacks SECTION 8: That Row E.8 of Table E of Section 21.45.080 of the Carlsbad From the perimeter lines Of the project site (not to a publiclprivate street) Municipal Code, as previously approved pursuant to Ordinance No. NS-834, is modified to read The building setback from an interior side or rear perimeter property line shall be the same as required by the underlying zone for an interior side or rear yard setback. as follows: Private Recreational Space One-family, two-family, and multiple- family dwellings One-family and two- family dwellings Required private recreational space shall be designed so as to be functional, usable, and easily accessible from the dwelling it is intended to serve. Required private recreational space shall be located adjacent to the unit the area is intended to serve. Required private recreational space shall not be located within any required front yard setback area, and may not include any driveways, parking areas, storage areas, or common walkwavs. area per unit Shall not have a slope gradient greater than 5%. " " May consist of more than one recreational space. May be provided at ground level andlor as a decklbalcony or roof deck. Attached solid patio covers and decks/balconies may project into a required Projects not within the RMH or RH general plan designations Projects within the RMH or RH aeneral plan desianations Minimum dimension I 1 private recreational space, subject to the 1 400 square feet 200 square feet Not within the RMH or RH general plan designations Within the RMH or RH aeneral plan desianations 1 ( The length of the projection shall not be I 15 feet 10 feet If provided at ground level I limited, except as required by any setback I following: The depth of the projection shall not exceed 6 feet (measured from the wall of the dwelling that is contiguous to the - - or lot coverage standards. Open or lattice-top patio covers may be I located within the required private recreation I I ( space (provided the patio cover complies with I all applicable sta-ndards, including reauired setbacks). the I 6 feet 60 square feet 60 square feet 6 feet If provided above ground level as a decklbalcony or roof deck Minimum dimension Minimum area Minimum total area per unit (patio, porch, or balcony) Minimum dimension of patio, porch or balcony Multiple- family dwellings Projects of 11 or more units that are within the RH general plan designation may opt to provide an additional 75 square feet of community recreation space per unit (subject to the standards specified in Table C of this Chapter), in lieu of providing the per unit private recreational space specified above. SECTION 9: That Table E of Section 21.45.080 of the Carlsbad Municipal Code, as previously approved pursuant to Ordinance No. NS-834, is modified to add the following footnote: (') Protrusions above the height limit shall be allowed pursuant to Section 21.46.020 of this code. Such protrusions include protective barriers for balconies and roof decks. SECTION 10: That Section 21.82.050 of the Carlsbad Municipal Code, as previously approved pursuant to Ordinance No. NS-834, is modified to read as follows: 21.82.050 Building height. A. No newly constructed, reconstructed, altered or enlarged residential structure within the beach area overlay zone shall exceed thirty feet if a minimum 3/12 roof pitch is provided or twenty-four feet if less than a 3/12 roof pitch is provided. I// I// //I 111 IN //I //I /I/ I// Ill EFFECTIVE DATE: This ordinance shall be effective no sooner than thirty days after its adoption, but not until certified by the California Coastal Commission Clerk shall certify to the adoption of this ordinance and cause it to be published at, and the City least once in a publication of general circulation in the City of Carlsbad within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the &' day of March 2009, and thereafter. PASSED AND ADOPTED at a regular meeting of the City Council Carlsbad on the 2 day of April 2009, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Hall, Packard and Blackburn NOES: None. ABSENT: None. ABSTAIN: None. APPROVED AS TO FORM AND LEGALITY ATTEST: