HomeMy WebLinkAbout2018-02-13; City Council; CS-330; CASE NAME: SECOND DWELLING UNIT CODE AMENDMENT CASE NO: ZCA 2016-0001/LCPA 2016-0001 (PUB16Y-0002)...5. Attached accessory dwelling units shall conform to the height limits applicable to the
zone and detached accessory dwelling units shall be limited to one story, except that accessory dwelling
units constructed above detached garages shall be permitted and shall conform to the height limits
applicable to the zone. Structures that contain accessory dwelling units located above detached
garages shall be limited to a maximum of two stories including the garage. Roof decks shall not be
permitted on detached accessory dwelling units.
6. No setback shall be required for an existing garage that is converted to an accessory
dwelling unit, and a setback of no more than five feet from the side and rear lot lines shall be required
for an accessory dwelling unit that is constructed above a garage. However, within the coastal zone,
an existing garage that is converted to an accessory dwelling unit or an accessory dwelling unit that is
constructed above a garage shall be consistent with all habitat preserve buffers and geologic stability
setbacks in the certified local coastal program.
3. That subsection D.10.b.i of section 21.10.030 of the Carlsbad Municipal Code is amended
as follows:
i. The accessory dwelling unit is part of the proposed or existing primary dwelling unit or
accessory structure.
4. That subsection 8.1 of section 21.201.060 of the Carlsbad Municipal Code is amended as
follows:
B. Exemptions. The following projects are exempt from the requirements of a minor
coastal development permit and coastal development permit:
1. Improvements to an existing single-family residential building, including an accessory
dwelling unit that is attached to the primary residence, or converted from the existing space of a
primary residence or attached accessory structure, except:
a. On a beach, wetland or seaward of the mean high tide line;
February 13, 2018 Item #8 Page 3 of 5
b. Where the residence or proposed improvement would encroach in an environmentally
sensitive habitat area or within fifty feet of the edge of a coastal bluff;
c. Improvements that would result in an increase of ten percent or more of internal floor
area of an existing structure or an additional improvement of ten percent or less where an
improvement to the structure had previously been undertaken pursuant to Public Resources Code
Section 30610(a), or an increase in height by more than ten percent of an existing structure and/or any
significant nonattached structure such as garages, fences, shoreline protective works or docks, and
such improvements are on property located:
i. Between the sea and the first public road paralleling the sea;
ii. Within three hundred feet of the inland extent of any beach or of the mean high tide of
the sea where there is no beach, whichever is the greater distance; or
iii. In significant scenic resources areas as designated by the Commission.
d. Any significant alteration of land forms including removal or placement of vegetation on
a beach, wetland, or sand dune, or within fifty feet of the edge of a coastal bluff except as provided in
subsections B.8, B.9, B.10 and B.11 ofthis section;
e. Expansion or construction of water wells or septic systems.
f. Improvements to establish an accessory dwelling unit that is attached to the primary
residence, or converted from the existing space of a primary residence or attached accessory structure
where such primary residence or attached accessory structure is nonconforming with respect to habitat
preserve buffers or geologic stability setbacks in the certified local coastal program.
EFFECTIVE DATE: The approval of this ordinance shall not be effective until the Executive Director
of the California Coastal Commission certifies that implementation of LCPA 2016-0001 will be consistent
with the Coastal Commission's approval of LCPA 2016-0001 with suggested modifications.
February 13, 2018 Item #8 Page 4 of 5
INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the 23rd
day of January, 2018, and thereafter
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 13th day of February, 2018, by the following vote, to wit:
AYES:
NOES:
M. Hall, K. Blackburn, M. Schumacher, C. Schumacher, M. Packard.
None.
ABSENT: None.
APPROVED AS TO FORM AND LEGALITY:
c:3ze<~~Ju __,, --CELIA A. BREWER, City Attorney
Vt IYila 10.l21fZ?l'1,~ L
BARBARA ENGLESON, City Clerk {)v'---
(SEAL)
February 13, 2018 Item #8 Page 5 of 5