The URL can be used to link to this page

Home My WebLink About1993-06-15; City Council; 12265; Development Standards For Accessory Structures\B# qabs IITG. 6115193 IEPT. PLN CIT’.-3F CARLSBAD - AGEM.-, BILL TITLE: AMF.NDMENTToTlTLE21OFTHECARISBAD MUNICIPAL CODE To DEFINE HAJ3lTABL.E SPACE AND AMEND THE DEVELOPMENT SIINDARDS FOR ACCESSORY STRUCTURES IN THE RESIDENTIAL ZONES OF THE CITY - ZCA 92-07 IECOMMENDED ACTION: If Council concurs, both the Planning Commission and staff are recommending that the City Council ADOPT Resolution No. 93- J(Jg . APPROVING the Negative Declaration issued by the Planning Director; and INTRODUCE Ordinance No. r\ls- $r?. APPROVING ZCA 92-07. ITEM EXPL.ANATION On April 7,1993 and April 21,1993 the Planning Commission conducted a public hearing and recommended approval (4-3) of this proposed zone code amendment which defines habitable space and amends the development standards for accessory structures in the residential zones of the city. Of the three commissioners voting against the proposed amendments two supported allowing no encroachments into the setbacks by accessory structures and one preferred applying the side yard setback applicable to dwelling units on the lot. The proposed code amendment was revised at the public hearing by staff in response to discussion among the commissioners during the April 7, 1993 hearing. The proposed maximum building height of 14 feet was retained but modified to require a minimum roof pitch of three to twelve (3:12) and the maximum height was reduced to 10 feet if less than a 3:12 roof pitch is provided. The amendment has been proposed in response to Urgency Ordinance No. NS-203 originally adopted by the City Council on June 2, 1992. Adoption of the ordinance was based upon testimony received by the Council regarding the issuance of building permits for construction of habitable accessory buildings in the R-l zone within the required side or rear yard setbacks. Permits for several habitable accessory buildings were issued based on confusing provisions of the Municipal Code. After a review of the code provisions it was determined that it was not the Council’s intent to allow the construction of such structures in required rear or side yard setbacks. The urgency ordinance was passed in order to allow staff the time to study the provisions of the code and process a zone code amendment for possible modifications to the code. The proposed amendment makes a distinction between detached habitable and detached non-habitable accessory structures. As proposed all detached habitable accessory structures must comply with all setbacks applicable to placement of a dwelling unit on a lot. The result will be that any structure containing space determined to be habitable based on the definition of habitable space or structure will be subject to the requirements of the applicable zone for placement of a dwelling unit. New standards are also proposed for non-habitable accessory structures to address the land use compatibility issues identified with their placement. The intent of these standards is to allow non-habitable accessory structures which are of a size, height, and location on the property so as to not have a significant impact on the occupants of adjacent dwelling units. The following is a summary of the proposed standards: - PAGE 2 OF AGENDA BJJL NO. Id, r&$ f; Maximum allowable building area 440 Sq.Ft. Lot Coverage Include in max. allowed for zone Number of Stories I One story Building Height 14 feet maximum if greater than 3:12 pitch; 10 feet if less than 3:12. Building Setbacks Front Rear Interior Side Street Side Alley 20 Feet 5 Feet 5 Feet 10 Feet 5 Feet Building Separation I 10 feet from all structures used for human habitation. Lots adjoining native vegetation Plumbing Fire Department approval required. Maximum drain size 1 l/2 inch in diameter. . The proposed standards will reduce the potential for accessory structures to negatively impact occupants of adjacent dwelling units. The existing ordinance allows accessory structures to be built on the side and rear property lines to the maximum height and number of stories allowed for all buildings witbin the zone. The only limit currently in place for the size of accessory structures is the lot coverage standard for the zone. As noted above, this recommended zone code amendment is a resolution of a situation that prompted Council to pass the Urgency Ordinance NS-203. Section 65858 of the Government Code requires a written report describing the measures taken to alleviate the condition which led to the adoption of the Urgency Ordinance. The staff report to the Planning Commission dated April 21, 1993 (Exhibit No. 4) satisfies this requirement. ENVIRONMENTALREVIEW On April 21,1993, the Planning Commiss’ ion recommended approval of the Negative Declaration issued by the Planning Director on October 15, 1992. FISCAL IMPACT There will be no fiscal impact from the adoption of the proposed amendments to Title 21 of the Municipal Code to define habitable space and amend the development standards for accessory structures in the residential zones of the City. EXHIBITS 1. City Council Resolution No. ‘? 3 - 1 b c 2. City Council Ordinance No. MS - hY 3 3. Planning Commission Resolutions Nos. 3501 and 3502 4. Planning Commission Staff Report, dated April 21,1993 5. Excerpts of Planning Commission Minutes, dated April 7 and April 21, 1993 C RESOLUTION NO. 93-168 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A NEGATIVE DECLARATION FOR A ZONE CODE AMENDMENT TO AMEND TITLE 21 OF THE CARLSBAD MUNICIPAL CODE, TO DEFINE HABITABLE SPACE AND AMEND THE DEVELOPMENT STANDARDS FOR ACCESSORY STRUCTURES IN THE RESIDENTIAL ZONES OF THE CITY. CASE NAME: ACCESSORY STRUCTURES ZONE CODE AMENDMENT CASE NO: ZCA 92-07 WHEREAS, pursuant to the provisions of the Municipal Code, the Planning Commission did, on April 7, 1993 and April 21, 1993, hold a duly noticed public hearing as prescribed by law to consider said request: and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, examining the initial study, analyzing the information submitted by staff,, and‘ considering any written comments received, the Planning Commission considered all factors relating to the Negative Declaration: and NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Carlsbad as follows: 1. That the above recitations are true and correct. 2. That the findings and conditions of the Planning Commission Resolution No. 3501, on file with the City Clerk and incorporated herein by reference constitute the findings of the City Council in this matter and that the Negative Declaration is hereby approved. 1 PASSED, APPROVED AND ADOPTED at a regular meeting of the 2 City council of the City of Carlsbad, California, on the 3 15th day of JUNE , 1993, by the following vote, to 4 wit: 5 AYES: Council Members Lewis, Stanton, Kulchin, Nygaard, Finnila 6 NOES: None 7 8 9 10 ABSENT: None il ATTEST: /I 12 13 ALETHA L. RAUTENKRANZ, City Cl&k 14 (SEAL) /I 15 II 16 17 18 19 I 20 21 22 23 24 II 25 26 27 II 28 -2- 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 la 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. NS-243 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 21, CHAPTER 21.04 OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF SECTION 21.04.306 TO DEFINE HABITABLE SPACE OR STRUCTURE AND AMENDING TITLE 21, CHAPTER 21.08, SECTION 21.08.050 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF SUBSECTION (l)(D) AND (2)(D)(E): CHAPTER 21.10, SECTION 21.10.050 SUBSECTION (l)(D) AND (2) (D) (El ; CHARTER 21.12, SECTION 21.12.050 SUBSECTION (l)(D) AND (2)(D) (E); CHAPTER 21.16, SECTION 21.16.050 SUBSECTION (l)(D) AND (2)(D)(E): CHAPTER 21.18, SECTION 21.18.050 SUBSECTION (7)(C)(D) AND (8)(B); CHARTER 21.20, SECTION 21.20.080 (1); CHAPTER 21.22, SECTION 21.22.060; CHAPTER 21.24, SECTION 21.24.090; TO AMEND THE DEVELOPMENT STANDARDS FOR ACCESSORY STRUCTURES IN THE RESIDENTIAL ZONES OF THE CITY. CASE NAME: ACCESSORY STRUCTURES ZONE CODE AMENDMENT CASE NO: ZCA 92-07 The City Council of the City of Carlsbad, California, does ordain as follows: SECTION 1: That Title 21, Chapter 21.04 of the Carlsbad Municipal Code is amended by the addition of Section 21.04.306 to read as follows: "21.04.306. SDace or Structure, Habitable. "Habitable Space or Structure )) means any space in a structure for living, sleeping, eating or cooking.@' SECTION 2: That Title 21, Chapter 21.08, Section 21.08.050 of the Carlsbad Municipal Code is amended by the amendment of Subsection (l)(D) to read as follows: "21.080.05Oil)( ) (D)(i) All acc&ory structures shall comply with the following development standards: (a) The lot coverage shall include accessory structures in the lot coverage calculations for the lot; (b) The distance between buildings used for human habitation and accessory buildings shall be not less than 10 feet; (cl When proposed on a lot adjoining native vegetation, accessory structures within a fire suppression zone must be reviewed and approved by the Fire Department; (ii) In addition, habitable detached accessory structures shall comply with all requirements of the zone applicable to placement of a dwelling unit on a lot including setbacks. - structures, which are not le space, including but not workshops, tool sheds, decks over 30 inches ditional estanding patio covers shall comply with the development standards: lowable building area per g coverage of 440 square feet: (b) Buildings shall not exceed one-story; (c) Building height shall not exceed 14 feet if a pitch of three to twelve (3:12) is provided or 10 3:12 roof pitch is provided; The following setbacks shall apply: A front a rear yard setback of 5 feet, a side setback of 5 feet; ing drain size shall be 1 l/2 The provisions of this section are applicable he permit requirements contained in Section 8.04.015 of this code." SECTION 3: That Title 21, Chapter 21.08, Section 1.08.050 of the Carlsbad Municipal Code is amended by the mendment of Subsection (2) (D) to read as follows: "21.08.050(2)(D). (D)(i) All accessory structures shall comply with the ollowing development standards: The lot coverage shall include accessory overage calculations for the lot: (b) The distance between buildings used for human abitation and accessory buildings shall be not less than 10 feet; When proposed on a lot adjoining native in a fire suppression zone Fire Department; habitable detached accessory requirements of the zone welling unit on a lot including Detached accessory structures, which are not contain no habitable space, including but not imited to garages, workshops, tool sheds, decks over 30 inches and freestanding patio covers shall comply with the al development standards: The maximum allowable building area per ding coverage of 440 square feet: not exceed one-story: ht shall not exceed 14 feet if a elve (3:12) is provided or 10 3:12 roof pitch is provided; (d) The following setbacks shall apply: A front ard setback of 20 feet, a rear yard setback of 5 feet, an setback of 5 feet, a street side yard setback f 10 feet; and an alley setback of 5 feet; 28 /I 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 la 19 20 21 22 23 24 25 26 27 28 (e) The maximum plumbing drain size shall be 1 l/2 inch in diameter; (iv) The provisions of this section are applicable notwithstanding the permit requirements contained in Section 18.04.015 of this code." SECTION 4: That Title 21, Chapter 21.08, Section 1.080.050 of the Carlsbad Municipal Code is amended by the eletion of Subsection (2)(E). SECTION 5: That Title 21, Chapter 21.10, Section 1.10.050 of the Carlsbad Municipal Code is amended by the mendment of Subsection (l)(D) to read as follows: ## 2 1 t I( I (D)i:l)*"~!llac~e~sory structures shall comply with the ollowing development standards: (a) The lot coverage shall include accessory tructures in the lot coverage calculations for the lot; (b) The distance between buildings used for human abitation and accessory buildings shall be not less than 10 feet: (cl When proposed on a lot adjoining native egetation, accessory structures within a fire suppression zone ust be reviewed and approved by the Fire Department: tructures(iiLall Icnomp$diZgf a~~bi~~~~reIZ!L%~~h~~ ZesZ pplicable to placement of a dwelling unit on a lot including etbacks. (iii) Detached accessory structures, which are not welling units and contain no habitable space, including but not imited to garages, workshops, tool sheds, decks over 30 inches bove grade, and freestanding patio covers shall comply with the ollowing additional development standards: (a) The maximum allowable building area per tructure shall not exceed a building coverage of 440 square feet; (b) Buildings shall not exceed one-story: (c) Building height shall not exceed 14 feet if a inimum roof pitch of three to twelve (3:12) is provided or 10 eet if less than a 3:12 roof pitch is provided; (d) The following setbacks shall apply: A front ard setback of 20 feet, a rear yard setback of 5 feet, a side ard setback of 5 feet, and an alley setback of 5 feet; (e) The maximum plumbing drain size shall be 11/2 nch in diameter: (iv) The provisions of this section are applicable otwithstanding the permit requirements contained in Section 8.04.015 of this code." SECTION 6: That Title 21, Chapter 21.10, Section P 1.10.050 of the Carlsbad Municipal Code is amended by the 3 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 la 19 20 21 22 23 24 25 26 27 28 ,mendment of Subsection (2)(D) to read as follows: "21.10.050(2)(D) (D)(i) All acceisory structures shall comply with the ollowing development standards: (a) The lot coverage shall include accessory tructures in the lot coverage calculations for the lot; (b) The distance between buildings used for human abitation and accessory buildings shall be not less than 10 feet; (cl When proposed on a lot adjoining native egetation, accessory structures within a fire suppression zone ust be reviewed and approved by the Fire Department: (ii) In addition, habitable detached accessory tructures shall comply with all requirements of the zone pplicable to placement of a dwelling unit on a lot including etbacks. (iii) Detached accessory structures, which are not welling units and contain no habitable space, including but not imited to garages, workshops, tool sheds, decks over 30 inches bove grade, and freestanding patio covers shall comply with the ollowing additional development standards: (a) The maximum allowable building area per tructure shall not exceed a building coverage of 440 square feet; (b) Buildings shall not exceed one-story: (c) Building height shall not exceed 14 feet if a inimum roof pitch of three to twelve (3:12) is provided or 10 eet if less thana 3:12 roof pitch is provided: (d) The following setbacks shall apply: A front ard setback of 20 feet, a rear yard setback of 5 feet, an nterior side yard setback of 5 feet, a street side yard setback f 10 feet; and an alley setback of 5 feet; (e) The maximum plumbing drain size shall be 1 l/2 nch in diameter; (iv) The provisions of this section are applicable otwithstanding the permit requirements contained in Section 8.04.015 of this code.', II SECTION 7: That Title 21, Chapter 21.10, Section a 1.10.050 of the Carlsbad Municipal Code is amended by the eletion of Subsection (2)(E). II SECTION 8: That Title 21, Chapter 21.12, Section 21.12.050 of the Carlsbad Municipal Code is amended by the amendment of Subsection (l)(D) to read as follows: "21.12.050 (11 (D). PI (i) All accessory structures shall comply with the following development standards: 0) The lot coverage shall include accessory structures in the lot coverage calculations for the lot; (b) The distance between buildings used for human habitation and accessory buildings shall be not less than 10 feet; 4 . When proposed on a lot adjoining native accessory structures within a fire suppression zone ust be reviewed and approved by the Fire Department; In addition,. habitable detached accessory shall comply with all requirements of the zone lacement of a dwelling unit on a lot including Detached accessory structures, which are not and contain no habitable space, including but not es, workshops, tool sheds, decks over 30 inches and freestanding patio covers shall comply with the nal development standards: The maximum allowable building area per teed a building coverage of 440 square feet: (b) Buildings shall not exceed one-story; (c) Building height shall not exceed 14 feet if a tch of three to twelve (3:12) is provided or 10 eet if less than a 3:12 roof pitch is provided; (d) The following setbacks shall apply: A front ard setback of 20 feet, a rear yard setback of 5 feet, a side 5 feet, and an alley setback of 5 feet: (e) The maximum plumbing drain size shall be 1 l/2 The provisions of this section are applicable the permit requirements contained in Section 8.04.015 of this code." SECTION 9: That Title 21, Chapter 21.12, Section 1.12.050 of the Carlsbad Municipal Code is amended by the mendment of Subsection (2)(D) to read as follows: "21.12.05Of2) ID). accessory structures shall comply with the standards: The lot coverage shall include accessory structures in the lot coverage calculations for the lot; 20. (b) The distance between buildings used for human .nabitation and accessory buildings shall be not less than 10 feet: 21, (cl When proposed on a lot adjoining native vegetation, accessory structures within a fire suppression zone 22:zust be reviewed and approved by the Fire Department: (ii) In addition, habitable detached accessory 23 structures shall comply with all requirements of the zone applicable to placement of a dwelling unit on a lot including 24 setbacks. (iii) Detached accessory structures, which are not 25 dwelling units and contain no habitable space, including but not limited to garages, workshops, tool sheds, decks over 30 inches 26 above grade, and freestanding patio covers shall comply with the following additional development standards: 27 (a) The maximum allowable building area per structure shall not exceed a building coverage of 440 square feet; 28 5 II (b) Buildings shall not exceed one-story: 1 (c) Building height shall not exceed 14 feet if a zinimum roof pitch of three to twelve (3:12) is provided or 10 2 feet if less than a 3:12 roof pitch is provided: (d) The following setbacks shall apply: A front 3 yard setback of 20 feet, a rear yard setback of 5 feet, an interior side yard setback of 5 feet, a street side yard setback 4 of 10 feet; and an alley setback of 5 feet; (e) The maximum plumbing drain size shall be 1 l/2 5 inch in diameter: (iv) The provisions of this section are applicable 6 notwithstanding the permit requirements contained in Section 18.04.015 of this code." 7 SECTION 10: That Title 21, Chapter 21.12, Section a 21.12.050 of the Carlsbad Municipal Code is amended by the 9 (deletion of Subsection (2)(E). 10 SECTION 11: That Title 21, Chapter 21.16, Section 11 21.16.050 of the Carlsbad Municipal Code is amended by the 12 amendment of Subsection (l)(D) to read as follows: "21.16.050(l) fD). (D)(i) All accessory structures shall comply with the ollowing development standards: (a) The lot coverage shall include accessory tructures in the lot coverage calculations for the lot; (b) The distance between buildings used for human abitation and accessory buildings shall be not less than 10 feet: (cl When proposed on a lot adjoining native accessory structures within a fire suppression zone wed and approved by the Fire Department; In addition, habitable detached accessory shall comply with all requirements of the zone pplicable to placement of a dwelling unit on a lot including Detached accessory structures, which are not and contain no habitable space, including but not imited to garages, workshops, tool sheds, decks over 30 inches and freestanding patio covers shall comply with the ional development standards: (a) The maximum allowable building area per tructure shall not exceed a building coverage of 440 square feet: (b) Buildings shall not exceed one-story; (c) Building height shall not exceed 14 feet if a inimum roof pitch of three to twelve (3:12) is provided or 10 eet if less than a 3:12 roof pitch is provided; (d) The following setbacks shall apply: A front ard setback of 20 feet, a rear yard setback of 5 feet, a side of 5 feet, and an alley setback of 5 feet: 28 II 6 (e) The maximum plumbing drain size shall be 1 l/2 1 inch in diameter: (iv) The provisions of this section are applicable 2 notwithstanding the permit requirements contained in Section 18.04.015 of this code." 3 SECTION 12: That Title 21, Chapter 21.16, Section 4 21.16.050 of the Carlsbad Municipal Code is amended by the mendment of Subsection (2)(D) to read as follows: "21.16.050(21 (DI acce&ory structures shall comply with the standards: The lot coverage shall include accessory tructures in the lot coverage calculations for the lot; (b) The distance between buildings used for human abitation and accessory buildings shall be not less than 10 feet; When proposed on a lot adjoining native accessory structures within a fire suppression zone d approved by the Fire Department: addition, habitable detached accessory all comply with all requirements of the zone ent of a dwelling unit on a lot including Detached accessory structures, which are not and contain no habitable space, including but not ges, workshops, tool sheds, decks over 30 inches and freestanding patio covers shall comply with the onal development standards: The maximum allowable building area per tructure shall not exceed a building coverage of 440 square feet: (b) Buildings shall not exceed one-story: (c) Building height shall not exceed 14 feet if a of three to twelve (3:12) is provided or 10 3:12 roof pitch is provided; (d) The following setbacks shall apply: A front ard setback of 20 feet, a rear yard setback of 5 feet, an setback of 5 feet, a street side yard setback f 10 feet; and an alley setback of 5 feet: (e) The maximum plumbing drain size shall be 1 l/2 nch in diameter; 22 (iv) The provisions of this section are applicable otwithstanding the permit requirements contained in Section 23 8.04.015 of this code." 24 SECTION 13: That Title 21, Chapter 21.16, Section 25 1.16.050 of the Carlsbad Municipal Code is amended by the 26 eletion of Subsection (2)(E). 27 SECTION 14: That Title 21, Chapter 21.18, Section 28 1.18.050 of the Carlsbad Municipal Code is amended by the 7 1 2 3 4 a 9 10 11 12 13 14 15 16 17 la 19 20 21 22 23 24 25 26 27 28 mendment of Subsection 7(C) to read as follows: II 2 1 t I( 1 (C);:y*"i!l accessory structures shall comply with the ollowing development standards: (a) The lot coverage shall include accessory tructures in the lot coverage calculations for the lot; (b) The distance between buildings used for human abitation and accessory buildings shall be not less than 10 feet; (cl When proposed on a lot adjoining native egetation, accessory structures within a fire suppression zone ust be reviewed and approved by the Fire Department: (ii) In addition, habitable detached accessory tructures shall comply with all requirements of the zone pplicable to placement of a dwelling unit on a lot including etbacks. (iii) Detached accessory structures, which are not welling units and contain no habitable space, including but not imited to garages, workshops, tool sheds, decks over 30 inches bove grade, and freestanding patio covers shall comply with the ollowing additional development standards: (a) The maximum allowable building area per tructure shall not exceed a building coverage of 440 square feet: (b) Buildings shall not exceed one-story; (c) Building height shall not exceed 14 feet if a inimum roof pitch of three to twelve (3:12) is provided or 10 eet if less than a 3:12 roof pitch is provided: (d) The following setbacks shall apply: A front ard setback of 20 feet, a rear yard setback of 5 feet, an nterior side yard setback of 5 feet, a street side yard setback f 10 feet; and an alley setback of 5 feet; (e) The maximum plumbing drain size shall be 1 l/2 nch in diameter; (iv) The provisions of this section are applicable otwithstanding the permit requirements contained in Section 8.04.015 of this code." SECTION 15: That Title 21, Chapter 21.18, Section 21.18.050 of the Carlsbad Municipal Code is amended by the amendment of Subsection (7)(D) to read as follows: "21 18.050 (7)(D). Except for an accessory structure which is not a dwelling unit and contains no habitable space and complies with the development standards specified in this chapter, no building shall be located in any of the required yards." SECTION 16: That Title 21, Chapter 21.18, Section 21.18.050 of the Carlsbad Municipal Code is amended by the amendment of Subsection (8) to read as follows: 8 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 ia 19 20 21 22 23 24 25 26 27 28 "21.18.050(8). Height Limits. In the R-P zone the maximum building eight shall be 35 feet." SECTION 17: That Title 21, Chapter 21.20, of the arlsbad Municipal Code is amended by the amendment of Section 1.20.080 to read as follows: "21.20.080. Accessorv Structures. (1) All accessory structures shall comply with the ollowing development standards: (a) The lot coverage shall include accessory tructures in the lot coverage calculations for the lot; (b) The distance between buildings used for human abitation and accessory buildings shall be not less than 10 feet; (cl When proposed on a lot adjoining native accessory structures within a fire suppression zone ed and approved by the Fire Department: (2) In addition, habitable detached accessory tructures shall comply with all requirements of the zone pplicable to placement of a dwelling unit on a lot including Detached accessory structures, which are not s and contain no habitable space, including but not imited to garages, workshops, tool sheds, decks over 30 inches and freestanding patio covers shall comply with the ollowing additional development standards: (a) The maximum allowable building area per tructure shall not exceed a building coverage of 440 square feet: (b) Buildings shall not exceed one-story: (c) Building height shall not exceed 14 feet if a inimum roof pitch of three to twelve (3:12) is provided or 10 eet if less than a 3:12 roof pitch is provided; (d) The following setbacks shall apply: A front ard setback of 20 feet, a rear yard setback of 5 feet, an nterior side yard setback of 5 feet, a street side yard setback f 10 feet: and an alley setback of 5 feet: (e) The maximum plumbing drain size shall be 1 l/2 nch in diameter: The provisions of this section are applicable otwithstanding the permit requirements contained in Section 8.04.015 of this code." SECTION 18: That Title 21, Chapter 21.22, of the arlsbad Municipal Code is amended by the amendment of Section 1.22.060 to read as follows: ff21.22.060. Accessorv S ructures. (1) All accessory stru:tures shall comply with the ollowing development standards: (a) The lot coverage shall include accessory tructures in the lot coverage calculations for the lot: 9 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 ia 19 20 21 22 23 24 25 26 27 28 (b) The distance between buildings used for human abitation and accessory buildings shall be not less than 10 feet; (cl When proposed on egetation, a lot adjoining native accessory structures within a fire suppression zone ust be reviewed and approved by the Fire Department: (2) In addition, habitable detached accessory tructures shall comply with all requirements of the zone pplicable to placement of a dwelling unit on a lot including etbacks. (3) Detached accessory structures, which are not welling units and contain no habitable space, including but not imited to garages, workshops, tool sheds, decks over 30 inches bove grade, and freestanding patio covers shall comply with the ollowing additional development standards: (a) The maximum allowable building area per tructure shall not exceed a building coverage of 440 square feet; (b) Buildings shall not exceed one-story: (c) Building height shall not exceed 14 feet if a inimum roof pitch of three to twelve (3:12) is provided or 10 eet if less than a 3:12 roof pitch is provided; (d) The following setbacks shall apply: A front ard setback of 20 feet, a rear yard setback of 5 feet, an nterior side yard setback of 5 feet, a street side yard setback f 10 feet; and an alley setback of 5 feet: (e) The maximum plumbing drain size shall be 1 l/2 nch in diameter; (4) The provisions of this section are applicable otwithstanding the permit requirements contained in Section 8.04.015 of this code." SECTION 19: That Title 21, Chapter 21.24, of the arlsbad Municipal Code is amended by the amendment of Section 1.24.090 to read as.follows: "21.24.090. Accessorv Structures. (1) All accessory structures shall comply with the ollowing development standards: (a) The lot coverage shall include accessory tructures in the lot coverage calculations for the lot; (b) The distance between buildings used for human habitation and accessory buildings shall be not less than 10 feet: (cl When proposed on a lot adjoining native vegetation, accessory structures within a fire suppression zone must be reviewed and approved by the Fire Department: (2) In addition, habitable detached accessory structures shall comply with all requirements of the zone applicable to placement of a dwelling unit on a lot including setbacks. (3) Detached accessory structures, which are not dwelling units and contain no habitable space, including but not limited to garages, workshops, tool sheds, decks over 30 inches above grade, and freestanding patio covers shall comply with the following additional development standards: 10 1 2 3 4 5 6 7 a 9 10 li 12 13 14 15 16 17 ia 19 20 21 22 23 24 25 26 27 28 -. (a) The maximum allowable building area per structure shall not exceed a building coverage of 440 square feet: (b) Buildings shall not exceed one-story: (c) Building height shall not exceed 14 feet if a minimum roof pitch of three to twelve (3:12) is provided or 10 feet if less than a 3:12 roof pitch is provided: (d) The following setbacks shall apply: A front yard setback of 20 feet, a rear yard setback of 5 feet, an interior side yard setback of 5 feet, a street side yard setback of 10 feet; and an alley setback of 5 feet: (e) The maximum plumbing drain size shall be 1 l/2 inch in diameter; (4) The provisions of this section are applicable notwithstanding the permit requirements contained in Section 18.04.015 of this code." 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 the Carlsbad Journal within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the arlsbad City Council on the 15th day of JUNE , 1993, and Ikhereafter . . . . . . . . . . . . . . . . . . . . . ..* . . . . . . . . . . . . 11 1 2 3 4 5 6 7 a 9 10 12 13 14 15 16 17 3 19 20 21 22 23 24 25 26 27 28 h A PASSED AND ADOPTED at a regular meeting of the City ouncil of the City of Carlsbad on the day of I 993, by the following vote, to wit: AYES: NOES: ABSENT: PPROVED AS TO FORM AND LEGALITY ONALD R. BALL, City Attorney CLAUDE A. LEWIS, Mayor .TTEST: LETHA L. RAUTENKRANZ, dity Clerk 12 1 2 3 a 9 10 11 12 13 14 15 16 17 ia 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 3501 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA RECOMMENDING APPROVAL OF A NEGATIVE DECLARATION FOR A ZONE AMENDMENT TO AMEND TITLE 21 OF THE CARLSBAD MUNICIPAL CODE TO DEFINE HABITABLE SPACE AND AMEND THE DEVELOPMENT STANDARDS FOR ACCESSORY STRUCTURES IN THE RESIDENTIAL ZONES OF THE CITY. CASE NAME: ACCESSORY STRUCTURES ZCA CASE NO: .ZCA 92-07 WHEREAS, the Planning Commission did on the 7th day of April, 1993, and on the 2lst day of April, 1993, hold a duly noticed public hearing as prescribed by law to consider said request, and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, examining the initial study, analyzing the information submitted by staff, and considering any written comments received, the Planning Commission considered all factors relating to the Negative Declaration. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Planning Commission hereby recommends APPROVAL of the Negative Declaration according to Exhibit “ND”, dated October 15, 1992, and “PII”, dated October 5, 1992, attached hereto and made a part hereof, based on the following findings: Find&s: 1. The initial study shows that there is no substantial evidence that the project may have a significant impact on the environment. . . . . . . . . 1 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning 2 Commission of the City of Carlsbad, California, held on the 21st day of April, 1993, by the 3 following vote, to wit: 4 5 6 7 a 9 10 11 12 13 AYES: Chairman Noble, Commissioners: Schlehuber, Schramm, Welshons, Savary, Erwin & Hall. NOES: None. ABSENT: None. ABSTAIN: None. ATTEST: P BAILEY NOBLE, Chairperson CARLSBAD PLANNING COMMISSION MICHAEL J. HOLZMILLER 16 Ij PLANNING DIRECTOR 17 ia 19 20 21 22 23 24 25 26 27 PC RESO NO. 3501 28 -2- City of Carlsbad NEGATMYZ DECTARATION PROJECT ADDRESS/LOCATION: City of Carlsbad PROJECT DESCRIPTION: Amendment to various sections of Title 21 of the Carlsbad Municipd Code to establish new deveiopment standards for accessory structures. The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, a Negative Declaration (declaration that the project will not have a signifkant impact on the environment) is hereby issued for the subject project. Justification for this action is on Iile in the Planning Department. A copy of the Negative Declaration with supportive documents is on file in the Planning Department, 2075 Las Palmas Drive, C&bad, California 92009. Comments from the public are invited. Please submit comments in writing to the Planning Department within 30 days of date of issuance. If you have any questions, please call Don Neu in the Planning Department at (619) 438-l 161, extension 4446. DATED: OCTOBER 15,1992 CASE NO: ZCA92-07 Planning Director CASE NAME: ACCESSORY STRUCKJRES ZONE CODE AMENDMENT PUBLISH DATe: OCXOBER lS,l992 DN:L 3n7r; I =C Palmar nri\ha . Carlshad California 92009-l 576 0 1619) 438-l 161 le C C . STATE OF CALIFORNIA PETE WILSCN Scverror _ GOVERNOR’S OFFICE OF PLANNING AND RESEARCH 1400 TENTH STREET SACRAMENTO. CA 95814 Nov 09, 1992 DON NEU CITY OF CARLSBAD 2075 LAS PALMAS DRIVE CARLSBAD, CA 92009 SuFect: ACCESSORY STRUCTURES ZONE CODE AMENDMENT-- ZCA 92097 SCH # 92101044 Dear DON NEU: The State Clearinghouse submitted the above named environmental document to selected state agencies for review. The review period is closed and none of the state agencies have comments. This letter acknowledges that you have complied with the State Clearinghouse review requirements for draft environmental documents, pursuant to the California Environmental Quality Act. Please call Tom Loftus at (916) 445-0613 if you have any questions regarding the environmental review process. When contacting the Clearinghouse in this matter, please use the eight-digit State Clearinghouse number so that we may respond promptly. Sincerely, Christine Kinne Acting Deputy Director, Permit Assistance JNVCRONhENTA,L IMPACT ASSESSMENT FORM - PART II (TO BE COMPLETED BY THE PLANNING DEPARTMENT) CASE NO. ZCA 92-07 DATE: OCTOBER 5, 1992 BACKGROUND 1. 2. 3. CASE NAME: ACCESSORY STRUCTURES ZONE CODE AMENDMENT APFLICANT: CITY OF CARLSBAD PLANNING DEPARTMENT ADDRESS AND PHONE NUMBER OF APPLICANT: 2075 LAS PALMAS DRIVE CAIUSBAD. CA 92009 (6191 438-1161 x 4446 4. DATE EIA FORM PART I SUBMITTED: N/A 5. PROJECT DESCRIPTION: A ZONE CODE AMENDMENT ESTABLISHING NEW DEVELOPMENT STANDARDS FOR ACCESSORY STRUCTURES IN THE RESIDENTIAL ZONES OF THE CITY. ENVIRONMENTAL IMPACTS STATE CEQA GUIDELINES, Chapter 3, Article 5, section 15063 requires that the City conduct an Environmental tmpact Assessment to determine if a project may have a significant effect on the environment. The Environmental Impact Assessment appears in the following pages in the form of a checklist. This checklist 8 identifies any physical, biological and human factors that might be impacted by the proposed project and provides the City with information to use as the basis for deciding whether to prepare an Environmental Impact Report or Negative Declaration. * A Negative Declaration may be prepared if the City perceives no substantial evidence that the project or any of its aspects may cause a signikant effect on the environment. On the checklist, “NO” will be checked to indicate this determination. l An EIR must be prepared if the City determines that there is substantial evidence that any aspect of the project may cause a sienificant effect on the environment. The project may qualify for a Negative Declaration however, if adverse impacts are mitigated so that environmental effects can be deemed insismificant. These findings are shown in the checklist under the headings “YES-sig ’ and ‘YES-insig” respectively. A discussion of potential impacts and the proposed mitigation measures appears at the end of the form under DISCUSSION OF ENVIRONMENTAL EVALUATION. Particular attention should be given to discussing mitigation for impacts which would otherwise be determined significant. . PHYSICAL ENvlRoNIKEmT WILL THE PROPOSAL DIRECI-LY OR INDIRECT’LY: YES YES NO big) (insig) 1. Result in unstable earth conditions or increase the exposure of people or property to geologic hazards? x 2. 3. Appreciably change the topography or any unique physical features? x Result in or be affected by erosion of soils either on or off the site? x 4. Result in changes in the deposition of beach sands, or modification of the channel of a river or stream or the bed of the ocean or any bay, inlet or lake? x Result in substantial adverse effects on ambient air quality? 5. x 6. Result in substantial changes in air movement, odor, moisture, or temperature? x 7. bclbstantially change the course or flow of water (marine, fresh or flood waters)? x 8. Affect the quantity or quality of surface water, ground water or public water supply? x 9. Substantially increase usage or cause depletion of any natural resources? x Use substantial amounts of fuel or energy? x 10. 11. Alter a signiikant archeological, paleontological or historical site, structure or object? -2- BIOLOGICAL ENVIROIVMJiNT . WILL THE PROPOSAL DtRECILY OR INDIRECTLY: YES big) 12. 13. 14. 15. 16. Affect the diversity of species, habitat or numbers of any species of plants (including trees, shrubs, grass, microflora and aquatic plants)? Introduce new species of plants into an area, or a barrier to the normal replenishment of existing species? Reduce the amount of acreage of any agricultural crop or affect prime, unique or other farmland of state or local importance? YES (insig) NO x x Affect the diversity of species, habitat or numbers of any species of animals (birds, land animals, all water dwelling organisms and insects? Introduce new species of animals into an area, or result in a barrier to the migration or movement of animals? WILL THE PROPOSAL DIRECTLY OR INDIRECIZY: 17. Alter the present or planned land use of an area? YES YES (SW GM31 18. Substantially afkt public utilities, schools, police, fire, emergency or other public services? x x x NO x x -3- - HUMANENVIRONMENT . WILL THE PROPOSAL DIRECTLY OR INDIRECILY: YES YES NO 19. 20. 21. 22. 23. .24. 25. 26. 27. 28. 29. 30. 31. 32. Result in the need for new or modified sewer systems, solid waste or hazardous waste control systems? (Sk> Wig) Increase existing noise levels? Produce new light or glare? Involve a signii?cant risk of an explosion or the release of hazardous substances (including, but not limited, to, oil, pesticides, chemicals or radiation)? Substantially alter the density of the human population of an area? Affect existing housing, or create a demand for additional housing? Generate substantial additional traffic? Affect existing pa&ing facilities, or create a large demand for new parking? Impact existing transportation systems or alter present patterns of circulation or movement of people and/or goods? Alter waterborne, rail or air traff?c? Increase txafk hazards to motor vehicles, bicyclists or pedestrians? Interfere with emerguq response plans or emergency evacuation plans? Obstruct any scenic vista or create an aesthetically offensive public view? Affect the quality or quantity of existing recreational opportunities? x x x x x x x x x x X X 4- . MANDATORY FINDINGS OF SIGNIFICANCE WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: YES YES big> (insig) 33. Does the project have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wild- life species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or en- dangered plant or animal, or eliminate important examples of the major periods of California history or prehistory. 34. Does the project have the potential to achieve short-term, to the dis- advantage of long-term, environmental goals? (A short-term impact on the environment is one which occurs in a relatively brief, definitive period of time while long-term impacts will endure well into the future.) 35. Does the project have the possible environmental effects which are in- dividually limited but cumulatively considerable? (“Cumulatively con- siderable” means that the incremental effects of an individual project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) 36. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? NO x x x x DISCUSSION OF ENVIRONMENTAL EVALUATION The project consists of an amendment to various sections of the Carlsbad Municipal Code to include new development standards for accessory structures. The City Council has adopted an urgency ordinance which prohibits the acceptance, processing, issuance of building permits, or continued construction of accessory or other structures located within rear or side yard setbacks which exceed one story in height. The proposed zone code amendment development standards for accessory structures increases the required setbacks for accessory structures as well as limiting the height of the structures to one-story in height. Other standard are being proposed as well. No physical alteration of the environment is associated with this project, therefore no significant physical, biolcgical, or human environmental impacts will result. This zone code amendment establishes specific development standards for accessory structures. This type of structure is usually proposed for an already developed residential property. They are considered to be ministerial projects which qualify as statutory exemptions from the California Environmental Quality Act (CEQA) pursuant to Section 15268 of the CEQA Guidelines. -6- ANALYSIS OF VIABLE ALTERNATIVES TO THE PROPOSED PROJECT SUCH AS: a) Phased development of the project, b) alternate site designs, c) alternate scale of development, d) alternate uses for the site, e) development at some future time rather than now, f) alternate sites for the proposed project, and g) no project alternative. Project altcmatives are required when there is evidence that the project will have a significant adverse impact on the environment and an alternative would lessen or mitigate those adverse impact. Public Resources Code Section 21002 forbids the approval of projects with significant adverse impacts when feasible alternatives or mitigation measures can substantially lessen such impacts. A “significant effect” is defined as one which has a substantial adverse impacts. If the project has “NO” significant impacts than there is no substantial adverse impacts and no justification for requiring a discussion of alternatives, (There is no alternative to no substantial adverse impact). This project has no significant impacts therefore no alternatives are required. -7- DETERMINATION (To Be Completed By The Planning Department) On the basis of this initial evaluation: x I find the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that the proposed project COULD NOT have a significant effect on the environment, because the environmental effects of the proposed project have already been considered in conjunction with previously certified environmental documents and no additional environmental review is required. Therefore, a Notice of Determination has been prepared. - I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A Conditional Negative Declaration will be proposed. - I find the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. /c--s--2 Date Y-L Signature roll/9 L I I Date Planning Directow w LIST MITIGATING MEASURES (IF AI’PLICABIE~ ATTACH MITIGATION MONITOIUNG PROGRAM (IF AF’PUCABLEl -8- . _ APPLICANT CONCURRENCE WITH MITIGATING MEASURES THIS IS TO CERTtFY THAT I HAVE REVIEWED THE ABOVE MITIGATING MEASURES AND CONCUR WITH THE ADDITION OF THESE MEASURES TO THE PROJECT. Date Signature DN:lh -9- 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 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CODE AMENDMENT, AMENDING TITLE 21, CHAPTER 21.04 OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF SECTION 21.04.306 TO DEFINE HABITABLE SPACE OR STRUCTURE AND AMENDING TITLE 21, CHAPTER 21.08, SECTION 21.08.050 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF SUBSECTION (1) (D) AND (2) (D) (E); CHAPTER 21.10, SECTION 21.10.050 SUBSECTION (l)(~) AND SUBSECTION (~)(D)(E); CHAPTER 21.12.050 SUBSECTION (l)(D) AND (2)(D)(E); CHAPTER 21.16, SECTION 21.16.050 SUBSECTION (l)(D)AND (2)(D)(E); CHAPTER 21.18, SECTION 21.18.050 SUBSECTION (7)(C)(D) AND (8)(B); CHAPTER 21.20, SECTION 21.20.080 (1); CHAPTER 21.22, SECTION 21.22.060; CHAPTER 21.24, SECTION 21.24.090; TO AMEND THE DEVELOPMENT STANDARDS FOR ACCESSORY STRUCTURES IN THE RESIDENTIAL ZONES OF THE CITY. CASE NAME: ACCESSORY STRUCTURES ZCA CASE NO: ZCA 92-07 WHEREAS, the Planning Commission did on the 7th day of April, 1993, and on the 21st day of April, 1993, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Zone Code Amendment. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A> That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission recommends APPROVAL of ZCA 92-07, according to Exhibit ‘X’, dated April 7, 1993, attached hereto and made a part hereof, based on the following findings. . 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 1e 19 2c 21 22 22 24 25 26 27 26 Find&: 1. The zone code amendment provides development standards for the placement of accessory structures which address the land use compatibility issues affecting occupants of adjacent dwelling units as well as protecting the public health, safety and welfare. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 21st day of April, 1993, by the following vote, to wit: AYES: Chairman Noble, Commissioners: Schlehuber, Welshons & Savary. NOES: Commissioners: Hall, Erwin & Schramm. ABSENT: None. ABSTAIN: None. ATTEST: Planning Director PC RESO NO. 3502 -2- APPLICATION COMPLETION DATE: FEBRUARY 2. 1993 STAFF PLANNER: DON NEU STAFF REPORT 0 3 DATE: APRIL 21,1993 TO: PLANNING COMMISSION FROM: PLANNING DEPARTMENT SUBJECT: ZCA 9247 ACCESSORY SIXJCIURES ZCA - Request for recommendation of approval of: 1) a Negative Declaration, and 2) an amendment to Title 21 of the Carlsbad Municipal Code to define habitable space, and amend the development standards for accessory structures in the residential zones of the City. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 3501, recommending APPROVAL of the Negative Declaration issued by the Planning Director, and ADOPT Planning Commission Resolution No. 3502, recommending APPROVAL of ZCA 92- 07, based on the findings and subject to the conditions contained therein. II. BACKGROUND This item was heard on April 7, 1993. The Commission wished to consider alternate language concerning setbacks and the item was ultimately continued due to the lateness of the hour. ATTACHMENTS 1. Planning Commission Resolution No. 3501 2. Planning Commission Resolution No. 3502 3. Staff report dated April 7, 1993, with attachments. APPLICATION COMPLETION DATE: FEBRUARY 2, 1993 STAFF PLANNER: DON NEU e 0 6 STAFF REPORT DATE: APRIL 7, 1993 TO: PLANNING COMMISSION FROM: PLANNING DEPARTMENT SUBJECT: ZCA 92-07 ACCESSORY STRUCXURES ZCA - Request for recommendation of approval of: 1) a Negative Declaration, and 2) an amendment to Title 21 of the Carlsbad Municipal Code to define habitable space, and amend the development standards for accessory structures in the residential zones of the City. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 3501, recommending APPROVAL of the Negative Declaration issued by the Planning Director, and ADOPT Planning Commission Resolution No. 3502, recommending APPROVAL of ZCA 92-07, based on the findings and subject to the conditions contained therein. II. PROJECT DESCRIPTION AND BACKGROUND The City Council at its meeting of June 2, 1992 adopted Urgency Ordinance No. NS-203. Adoption of the ordinance was based upon testimony received by the Council regarding the issuance of building permits for construction of habitable accessory buildings in the R-l zone within the required side or rear yard setbacks. Permits for several habitable accessory buildings were issued based on confusing provisions of the Municipal Code. After a review of the code provisions it was determined that it was not the Council’s intent to allow the construction of such structures in required rear or side yard setbacks. The urgency ordinance was passed in order to allow staff the time to study the provisions of the code and process a zone code amendment for possible modifications to the code. The urgency ordinance contains the following major provisions: 1) Prohibits the acceptance, processing and issuance of building permits for any accessory type structures in the required rear and sideyard setbacks in the R-l zones; . ZCA 92-07 ACCESSORY STRUCTURES ZCA APRIL 7, 1993 PAGE 2 2) Prohibits the issuance or a final inspection or certificate of occupancy for such structures which are presently under construction and where they exceed one story in height: and 3) Provides a process whereby after notice and public hearing, the City Council can waive the prohibitions of the ordinance upon findings by the City Council that the continued construction or issuance of permits for such structures do not represent a public health or safety threat. On July 14, 1992 the Council extended the urgency ordinance for 10 months and 15 days or until a zone code amendment is considered and acted upon whichever occurs first. The urgency ordinance will expire on June 2, 1993. Staff has reviewed the zoning regulations of a number of cites and the county pertaining to accessory structures. These regulations have been compared to the existing provisions of Title 21 of the Carlsbad Municipal Code. The regulations of other cities reviewed showed that accessory structures are permitted subject to a number of common standards. Staff has considered these standards, the Council’s intent, the land use issues associated with accessory structures, in addition to the public health, safety and welfare issues posed by these types of uses. The result was the development of 3 options which covered the broadest range concerning how the code could be revised to address development standards for accessory structures. The three options considered were: Create new standards which prohibit habitable and non-habitable accessory structures from encroaching into required building setbacks. Maintain present standards. Existing standards allow a non-dwelling accessory building to be built to the rear lot line and to the side lines to the rear of the required side yards. Additional requirements apply to lots which rear upon an alley. The existing code provisions are contained in the strikeout and highlighted copy of the proposed ordinance attached to this staff report. 3) Develop new standards which address the issues identified with the placement of accessory structures in the city’s residential zones. Stti is proposing a zone code amendment which follows option number 3 above. The following section of this report provides the details of this proposal. ZCA 92-07 ACCESSORY STRUCTURES ZCA APRIL 7, 1993 PAGE 3 ANALYSIS Planninn Issues 1. Do the proposed standards clearly state that habitable accessory structures are not permitted within the setbacks required in each residential zone consistent with the intent expressed by the City Council? 2. Do the proposed standards make clear the distinction between the requirements for detached habitable and detached non-habitable accessory structures? 3. Do the proposed standards address the land use compatibility issues identified with the placement of non-habitable accessory structures? DISCUSSION Citv Council Intent Renardinn Habitable Accessorv Structures When considering the proposed urgency ordinance the City Council indicated that it was not their intent that habitable accessory structures be permitted within the setbacks required in each of the City’s residential zones. Confusion with the existing provisions of the code results over the description of accessory uses as “non-dwelling”. The zoning ordinance presently defines a “dwelling unit as one or more rooms in a dwelling or apartment house designed for occupancy by one family for living or sleeping purposes, and having only one kitchen.” The Zoning Ordinance does not contain a definition for habitable space or structure. Because of this, planning staff relied on a determination provided by the building department that under the Uniform Building Code if a structure does not contain a kitchen it is not considered a dwelling unit. When an accessory structure is not defined as a dwelling unit it is permitted in the setbacks. Based on this definition accessory structures which are habitable and contain no kitchen are permitted within the building setbacks. Consistent with the Council’s intent the proposed ordinance defines what is considered a habitable space or structure and clarifies that habitable accessory structures must comply with the building setbacks of the applicable zone. In the ordinance the proposed definition for “habitable space or structure” is any space in a structure for living, sleeping, eating or cooking. This definition will be the first measure used to determine what standards are applicable to placement of a proposed accessory structure on a lot. The ordinance then includes a list of standards applicable to detached accessory structures which are not habitable. These standards are proposed to address the potential impacts that accessory structures can have on occupants of adjacent properties. - ZCA 92-07 ACCESSORY STRUCTURES ZCA APRIL 7, 1993 PAGE 4 Detached Habitable and Detached Non-habitable Accessorv Structures The proposed standards make it clear that there are different standards applicable to the placement of a detached habitable accessory structure as compared to a detached non- habitable accessory structure. The proposed ordinance requires all detached habitable accessory structures to comply with the setbacks applicable to placement of a dwelling unit on a lot. The result will be that any structure containing space determined to be habitable based on the proposed definition of habitable space or structure will be subject to the requirements of the applicable zone for placement of a dwelling unit. Development Standards for Non-habitable Accesso’rv Structures The proposed ordinance contains standards for non-habitable accessory structures which address the land use compatibility issues identified with their placement. The intent of these standards is to allow non-habitable accessory structures which are of a size, height, and located on the property so as to not have a significant impact on the occupants of adjacent dwelling units. The following is a summary of the proposed standards: Maximum allowable building area 440 sq. ft. Lot coverage Number of stories Building height Building setbacks Front Rear Interior side Street side MeY Building Separation Lots adjoining native vegetation Plumbing Include in max. allowed for zone One story - 14 feet maximum 20 feet 5 feet 5 feet 10 feet 5 feet 10 feet from all structures used for human habitation. Fire Department approval required. Maximum drain size 1 l/2 inch in diameter. The proposed standards will reduce the potential for accessory structures to negatively impact occupants of adjacent dwelling units. The existing ordinance allows accessory structures to be built on the side and rear property lines to the maximum height and number of stories allowed for all buildings within the zone. The only limit currently in place for the size of accessory structures is the lot coverage standard for the zone. The proposed language is attached to this staff report. Also attached are graphics illustrating the application of the existing ordinance requirements to the proposed ordinance on a lot zoned R-l (One-Family Residential). The proposed ordinance has been reviewed by representatives of the Building Department, Fire Department, and City Attorney’s Office. - ZCA92-07ACCESSORk STRUCTURESZCA APRrL 7,1993 PAGE5 . JmsMRoNMENTALREvIEw No physical alteration of the environment is associated with this zone code amendment, therefore no significant physical, biological, or human environmental impacts wilI result. This zone code amendment establishes specific development standards for accessory structures. This type of structure is usually proposed for an aheady developed residential property. They are considered to be ministerial projects which qualify as statutory exemptions from the California Environmental Quality Act (CEQA) pursuant to Section 15268 of the CEQA Guidelines. This zone code amendment was analyzed through an Environmental Assessment Part-II (Initial Study). The Planning Director has determined that ZCA 92-07 would not create any significant adverse environmental impacts, and a Negative Declaration was issued on October 15, 1992. A-ITACHMENTS 1. Planning Commission Resolution No. 3501 2. Planning Commission Resolution No. 3502 3. Exhibit “A”, Blustrating the Amendments (Strikeout 8t bold copy of the ordinance) 4. Exhibits “B” and “C”, dated April 7, 1993 DN:lh February 25, 1993 1 2 3 4 5 6 7 a 9 10 11 12 13 14 EXHIBIT “A” APRIL 7, 1993 II ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 21, CHAPTER 21.04 OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF SECTION 21.04.306 TO DEFINE HABITABLE SPACE OR STRUCTURE AND AMENDING TITLE 21, CHAPTER 21.08, SECTION 21.08.050 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF SUBSECTION (l)(D) AND (2)(D)(E); CHAPTER 21.10, SECTION 21.10.050 SUBSECTION (l)(D) AND (2) (D) (El : CHAPTER 21.12, SECTION 21.12.050 SUBSECTION (l)(D) AND (2)(D) (E); CHAPTER 21.16, SECTION 21.16.050 SUBSECTION (l)(D) AND (2)(D)(E): CHAPTER 21.18, SECTION 21.18.050 SUBSECTION (7)(C)(D) AND (8) (B): CHAPTER 21.20, SECTION 21.20.080 (1); CHAPTER 21.22, SECTION 21.22.060; CHAPTER 21.24, SECTION 21.24.090; TO AMEND THE DEVELOPMENT STANDARDS FOR ACCESSORY STRUCTURES IN THE RESIDENTIAL ZONES OF THE CITY. CASE NAME: ACCESSORY STRUCTURES ZONE CODE AMENDMENT CASE NO: ZCA 92-07 The City Council of the City of Carlsbad, California, does ordain as follows: SECTION 1: That Title 21, Chapter 21.04 of the Carlsbad Municipal Code is amended by the addition of Section 21.04.306 to 15 II read as follows: ia SECTION 2: That Title 21, Chapter 21.08, Section 19 21.08.050 of the Carlsbad Municipal Code is amended by the 20 amendment of Subsection (l)(D) to read as follows: 21 "21.080.050(l) (D1. . . . c 22 ~~- ,-+ ,a$ . . . .& &VW **a UA " b b" b L" L "a. b.A *ti 1-c 1: . . . 24 E,;-s. &:I . . . . . 1 2 3 4 5 6 7 a 9 10 11 12 13 14 SECTION 3: That Title 21, Chapter 21.08, Section 15 1.08.050 of the Carlsbad Municipal Code is amended by the 16 mendment of Subsection (2) (D) to read as follows: 17 ia 19 20 21 22 23 24 25 26 27 28 "21.08.050(2)(D). SECTION 4: That Title 21, Chapter 21.08, Section 21.080.050 of the Carlsbad Municipal Code is amended by the SECTION 5: That Title 21, Chapter 21.10, Section 1.10.050 of the Carlsbad Municipal Code is amended by the mendment of Subsection (l)(D) to read as follows: 23 24 25 26 27 28 II 3 1 2 3 4 5 6 7 a 9 10 11 12 b SECTION 6: That Title 21, Chapter 21.10, Section 13 1.10.050 of the Carlsbad Municipal Code is amended by the 14 15 16 17 18 19 20 21 22 23 24 25 26 27 mendment of Subsection (2)(D) to read as follows: 28 II h a SECTION 7: That Title 21, Chapter 21.10, Section 9 1.10.050 of the Carlsbad Municipal Code is amended by the lo eletion of Subsection (2)(E). . . =2’,.l::.e543GkwE:. TT SECTION 8: That Title 21, Chapter 21.12, Section 1.12.050 of the Carlsbad Municipal Code is amended by the mendment of Subsection (l)(D) to read as follows: 23 24 25 26 27 28 I/ - h SECTION 9: That Title 21, Chapter 21.12, Section 1.12.050 of the Carlsbad Municipal Code is amended by the ' IQ mendment of Subsection (2)(D) to read as follows: 14 15 16 17 la 19 20 21 22 23 24 25 26 27 28 6 SECTION 10: That Title 21, Chapter 21.12, Section 1.12.050 of the Carlsbad Municipal Code is amended by the eletion of Subsection (2)(E). SECTION 11: That Title 21, Chapter 21.16, Section 1.16.050 of the Carlsbad Municipal Code is amended by the mendment of Subsection (l)(D) to read as follows: 28 /I 7 h 12 13 SECTION 12: That Title 21, Chapter 21.16, Section 21.16.050 of the Carlsbad Municipal Code is amended by the 14 amendment of Subsection (2)(D) to read as follows: 15 . . "21.16.050(21(D). ZWmeme& zf m 16 8 h a SECTION 13: That Title 21, Chapter 21.16, Section 9 21.16.050 of the Carlsbad Municipal Code is amended by the 10 deletion of Subsection (2)(E). 11 I . II-1 -p W'"\ JE\wZV 16 17 la 19 20 21 22 23 24 25 26 27 SECTION 14: That Title 21, Chapter 21.18, Section 21.18.050 of the Carlsbad Municipal Code is amended by the amendment of Subsection 7(C) to read as follows: "21.18.050 (7)(C). 3 28 /I 9 6 7 a 9 10 11 SECTION 15: That Title 21, Chapter 21.18, Section 12 21.18.050 of the Carlsbad Municipal Code is amended by the l3 amendment of Subsection (7)(D) to read as follows: "21.18.050 (7) (D). B ia SECTION 16: That Title 21, Chapter 21.18, Section 19 21.18.050 of the Carlsbad Municipal Code is amended by the 20 amendment of Subsection (8) to read as follows: 21 "21.18.050(8). f)eiaf;t Lftitc. 2 4 25 SECTION 17: That Title 21, Chapter 21.20, of the 26 Carlsbad Municipal Code is amended by the amendment of Section 27 21.20.080 to read as follows: 10 "21.20.080. Accessorv Structures. 6 F . ~~~~~~~~: ..? :yT +:.y.y :: I sw ..:E.;T2x f y ::.+: :~~:~~~~~~~~~~~~~~~~~~ :<.. ,.A,... ,:.>,.* .<., p y ‘:*>‘:iE&&&&+& ;‘A C;t*& ‘.&.+&&,,‘*t ‘& 7 ~~~~~~~~~~~~~~~~~ :~b~~.~~:~~~~~: :,.a~p .:..,: ,.,.,.,. ..:...:,. ,. :.:..:n-::f::y~ a ~~~~~~~~~~~~~~~~ . .._./.__.,_ :.~.~.:.:....):.::~.::~::.::~:::~:::::::~::~:~.:.~.~ : : 1::: “Z “““‘I.:.:.: . . . g ~~::;:;::~::~!:~:~B~~~~~~~~~~~~~~~~ #$@.$.. :.:::.:.::?. ..:.:.. “““~~~~~~,, . . . . ):.:.:.:+:.:.: .:.):.:.:,‘.:. ):.. .,.,.... *::.$w$$$*:$$+?~ > . . . . . . . . . . . . . . . . . . . ..i.................. ‘.:~.~.~~.~.~.~.~.~~.~~~~~~~ SECTION 18: That Title 21, Chapter 21.22, of the 24 Carlsbad Municipal Code is amended by the amendment of Section 25 21.22.060 to read as follows: 26 "21.22.060. Accessorv Structures. * . 4-k . t*. .I . 27 e-aa-+Ty ‘-$ ,‘e a * . . * I I . 28 g Abm Abw . 20 SECTION 19: That Title 21, Chapter 21.24, of the 21 Carlsbad Municipal Code is amended by the amendment of Section 22 21.24.090 to read as follows: 23 "21.24. ~QSO. Accessory Strut r . tu es . . CI 0 . 24 e-lA-s:: :cz . . . . . . k. 25 f”““““““““““““&-;rwui”“““““““” . . . . . I r c- * . 26 ww- ':I.", 7-G: G t t.w a -*t :, ))Bt ‘I . . -I -AA- -A EAI . . . . 27 ~~-=--== 28 4 5 6 7 a 9 16 17 -::q:z . . . . . ~~~~:~~~~~.~~~~~~~~~~~~~~~~~~~~~:~~~~~~~~~~~~~ ~~~~~~~~~~~~~~:~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ . ..A. .A. ..c. ..:.:.; .)....... :.:.:.~~~. ,_.,... . . . . . . . . . . . . . . . ..‘.........~.~.~....‘..... ,_.......: .:.‘.‘...‘.....:.:.:s’:.:.~::.: ..~.~............,‘,.......,.. ,,.,...,y.~...~.)‘.~ . . . . . . . j::::~:::.:!:!:f:::::::::~:::::::::qi:::::::~:::::::::::::::~::::::~:::~:::::::::~:~:::~:~~:::~~:~:~:.:::::~::~~:~~:::::::~:::::~:::~:.:~:~:~~:~~ ~:~~~,i,~~~~~~~~~~~~~~~~~~~~~~‘~”’.. .. .. ..” ” ,: ....,.,.h.,.,.,.,.,., :: .(, ~.:~~.:.::..~:.:.:.:.:.:.:.~:.~:.:~.:.:.:.:.:.:.:.:.:.:.:.:.:.: .,.....,.,.,V(,.,.,., ~ EFFECTIVE DATE: This ordinance shall be effective la thirty days after its adoption, and the city clerk shall certify lg to the adoption of this ordinance and cause it to be published at 2o least once in the Carlsbad Journal within fifteen days after its 21 adoption. 22 23 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 24 thereafter day of , 1993, and z5 . . . 26 . . . 27 . . . 28 13 1 2 3 4 PASSED AND ADOPTED at a regular meeting of the City !ouncil of the City of Carlsbad on the day of r .993, by the following vote, to wit: AYES: NOES: 5 ABSENT: 6 PPROVED AS TO FORM AND LEGALITY 7 a 9 ZONALD R. BALL, City Attorney 10 11 CLAUDE A. LEWIS, Mayor 12 ATTEST: 13 14 ALETHA L. RAUTENKRANZ, City Clerk 15 16 17 la 19 20 21 22 23 24 25 26 27 28 14 EXHIBIT “B” APRIL 7, 1993 . . . a a I E I 2 I, I 3 Ici E 1: cn 1; i - I 4 I I I . - tgLL(U &Och It mx*Y I 5g L 8tiGg -$ I I I= m maa+ tiz r co I I 1 b I )I I I. :! 1 b cu-) EXHIBIT “C” APRIL 7, 1993 cn n a . . 3 2 t P W tn 0 n 0 a e mm W I b to .- ; 2 0 8 8 4 ii . iE s PLANNING COMMISSION April 7, 1993 PAGE 4 1 Hysong, Assistant Planner, replied that the requirement of 15 has been a long-standing parking for churches and public assembly. She stated that it is more restrictive than the alternative be 1 space per 100 s.f. of assembly area. will be leasing the entire building. It is possible that, in the future, the space could Ouse which is why staff applied the custom fire condition--to separate the incompatible uses. ugh the church will not occupy the entire facility, they will lease the entire facility. Commissioner Erwin in there had been any discussion with the applicant regarding voluntary participation in the Inter-Fa until and the installation of shower facilities. Ms. Hysong replied that there was not. Chairman Noble opened the public t ny and issued the invitation to speak. There being no persons desiring to addre mmission on this topic, Chairman Noble declared the public testimony closed and opened the ite cussion among the Commission members. ACTION: Motion was made by Commis and duly seconded, to adopt Resolution No. 3509, approving the Negative issued by the Planning Director, and adopt Planning Commission.Resolution No. roving CUP 92-09, based on the findings and subject to the conditions VOTE: 7-O AYES: Chairman Noble, Commissioners Erwin, Hall, Schlehuber, Schramm, and Welshons NOES: None ABSTAIN: None Commissioner Erwin commented that he hopes the applicant will consider volunt Inter-Faith Council’s homeless program and give some consideration to the installatio facility. 6. ZCA 92-07 - ACCESSORY STRUCTURES ZCA - Request for recommendation of ap (1) a Negative Declaration, and (2) an amendment to Title 21 of the Carlsbad Municipa define habitable space, and amend the development standards for accessory structures in the residential zones of the City. Don Neu, Senior Planner, reviewed the background of the request and stated that the ZCA for accessory structures is being proposed to address the issues identified when the City Council adopted Urgency Ordinance No. NS-203 which expires on June 2, 1993. This urgency ordinance prohibits the issuance of building permits for any accessory structures in the required rear and sideyard setbacks in the R-l zone. Staff has reviewed the zoning regulations of several other cities and found that accessory structures in those cities are permitted, subject to a number of common standards. The proposed Zone Code Amendment (ZCA) contains definitions and standards for habitable and non-habitable accessory structures. The proposed definition for habitable space or structure is any space in a structure used for living, sleeping, eating, or cooking. If a structure meets the habitable definition, it must meet all provisions of the code which apply to any dwelling unit on a residential lot. A non-habitable structure would include any use which does not meet the habitable definition. The maximum building area for a non-habitable structure is 440 s.f., which is a little larger than the size of a two-car garage. This ZCA proposes the following requirements for non-habitable structures: MINUTES PLANNING COMMISSION April 7, 1993 PAGE 5 l The accessory structure must be included in the lot coverage calculation . ’ The accessory structure may only be one story, with a maximum height of 14 ft. l The side and rear yard setbacks for accessory structure would be 5 ft., whereas side and rear yard setbacks for a habitable structure are 6 ft. and 12 ft., respectively. (The code currently allows for accessory structures to be built anywhere on the property, even up to the property line.) ’ There must be a 10 ft. separation between the habitable and non-habitable structures. l If the accessory structure is proposed on a lot which adjoins native vegetation, review and approval by the Fire Department would be required. * Plumbing drain pipes may only be 1 l/2 inch in diameter to discourage conversion to habitable. A pipe of this size would only support a sink and would not accommodate a toilet or shower facilities. Staff feels this ZCA meets the intent of the City Council and recommends approval Commissioner Hall requested staff to review why a non-habitable structure may encroach into the setback area. Mr. Neu replied that unless some encroachment is allowed, there may be many instances where a property owner would be unable to build an accessory structure, such as a tool shed, at all, because the dwelling unit and setbacks consume the entire area. Staff felt allowing some encroachment into the setback area was a compromise. Commissioner Hall commented that if he purchased a home next to an existing home which did not have an accessory structure, he would be very unhappy if someone could come along and build an accessory structure that was 14 ft. high just 5 ft. from the fence line. He would have a problem with that. Mr. Neu replied that the existing code would allow the accessory structure to be built right next to the property line and could be 30 ft. and two stories high. Commissioner Hall is concerned that a 14 ft. height would allow an accessory structure to exceed the height of a 6 ft. fence by 8 ft. Mr. Neu replied that some city ordinances which they reviewed were extremely technical in this regard and staff felt it would be easier to keep the calculation simple so that everyone could easily understand it. Commissioner Hall commented the reason he is concerned about this is that a very close friend spent a considerable amount of money landscaping his yard and two years later a neighbor built an accessory structure in their back yard which was an eyesore to his friend. Commissioner Hall also has a.concern about the drain size. Many people with swimming pools like to have some type of outside shower facility so that people aren’t tracking through the house to shower and dress. He understands that staffs reasoning is to discourage conversion of the structure to habitable space, however, there may be a need for bathroom facilities. Mr. Neu agreed that there are many situations which need consideration. Staff attempted to satisfy the most common needs. If a parcel is large enough, there would be sufficient space to accommodate outside bathroom facilities without encroaching into the setbacks. The smaller lots posed the biggest problems. Commissioner Hall inquired if standard sized plumbing can be used if the accessory structure is built within the inner envelope. Mr. Neu replied that this is correct. Commissioner Hall inquired how staff arrived at the 14 ft. height limitation. Mr. Neu replied that staff felt 14 ft. was sufficient to allow for an adequate roof pitch, given the one-story limitation. Many people have a steep roof pitch on their dwelling unit and like to carry the design to accessory structures. MINUTES PLANNING COMMISSION April 7, 1993 PAGE 6 Chairman Noble opened the public testimony and issued the invitation to speak. There being no persons desiring to address the Commission on this topic, Chairman Noble declared the public-testimony closed and opened the item for discussion among the Commission members. Commissioner Hall understands staff’s thinking, however, he does not believe that encroachment into the setbacks should be allowed. He is speaking more to the 7,500 sf. lot than the 10,000 sf. lot. C.?mmissioner Hall is concerned about the person who gets a new neighbor two years down the road that burlds a 14 ft. accessory structure in their back yard and this person has to look at the back side of a tool shed every time he goes outside. He sees no reason why the setbacks can’t be observed to protect the adjoining property owner. Chairman Noble commented that he has that problem in his own back yard and he has gotten used to it. Commissioner Schlehuber tends to agree with Commissioner Hall. He inquired if maintaining the setbacks would pose significant problems. Mr. Neu replied that staff was concerned that it could preclude a property owner from. having an accessory structure at all. They tried to reach the middle ground because the existing code is much more lenient, since an accessory structure may be built right up to the property line. Commissioner Schlehuber would prefer the more restrictive. If it creates problems, it can always be changed later. Commissioner Erwin asked Commissioner Hall if he is recommending a side setback of 6 ft., rear setback of 12 ft., and elevation remaining the same. Commissioner Hall replied that to avoid the appearance of a box, the trade-off would.be put a roof line on the structure. He would rather have the structure no taller than 8 ft., which would be fine for a tool shed. Commissioner Hall inquired about the setback calculation. Mr. Neu replied that side yard setbacks are 10% of the lot width, i.e. 6 ft. for a 60 ft. lot. As the lot gets wider, the setback increases. The minimum lot width is 60 ft. Gary Wayne, Assistant Planning Director, commented that on larger lots the code allows for the side yard setback to be expanded on one side and decreased on the other, as long as it doesn’t go below 5 ft. Commissioner Welshons asked Commissioner Hall if he could accept something to the effect that if the structure exceeded 7 ft., the setback would be 12 ft., but if it were less than that, the setback could be 5 ft. Commissioner Hall said he wouldn’t mind looking at a protrusion of one ft. over a fence line but if he had to look at something which was 8 ft. over his fence line, it would be objectionable. He probably wouldn’t be making an issue of it if he hadn’t seen this for himself. Commissioners Erwin and Schlehuber can support Commissioner Hall’s recommendation. Commissioner Hall would like to make the motion but he wants to know how it could best be stated. Mr. Neu replied that if he is recommending that accessory structures, habitable or non-habitable, observe the setbacks of the dwelling unit, staff can make that revision. Mr. Wayne inquired if Commissioner Hall would like the height to remain at 14 ft. Because, if so, there would be nothing prohibiting the property owner from attaching the structure to their home and making it 30 ft. tall. As long as it is within the setback, the height limit is 30 ft. Once an accessory structure is attached to the dwelling unit, it is no longer considered to be an accessory structure. It becomes a room. Another issue which has not been addressed is if someone wants to build a detached garage, it can’t be 7 ft. tall. MINUTES PLANNING COMMISSION April 7, 1993 PAGE 7 Commissioner Hall replied that he doesn’t want to change anything that is attached to the dwelling unit. He inquired if it would be better to continue this item to allow staff some time to rethink the requirements. Mr. Wayne replied that staff did think this through pretty thoroughly. One of the reasons they arrived at the proposed requirements is that it is extremely difficult to put an accessory structure on a PUD lot, which is smaller than 7,500 sf., if one has to observe setbacks, A PUD lot might have a 15 ft. x 15 ft. rear yard, rather than 50 ft. x 50 ft. Commissioner Hall inquired if we are guaranteeing the right to have an accessory structure. Mr. Wayne replied that is not the case. However, many times, on the smaller lots especially, there is no place for storage elsewhere and an accessory structure is the only answer. Chairman Noble inquired if the height could be limited to 10 ft. when the accessory structure is not located within the setback area. This would only be 4 ft. over a fence line. Commissioner Schlehuber inquired why staff is even concerned with attaching an accessory structure to the dwelling, since it has no bearing whatsoever on what is being discussed. Mr. Neu replied that if an accessory structure were to be attached to the dwelling unit, it would have to meet the setbacks for a habitable structure, i.e. a patio cover. Commissioner Schlehuber still supports Commissioner Hall’s position but if staff wants more time to work with the Commission’s ideas, he would be willing to push it back to the end of tonight’s calendar to allow staff to work out the details. Mr. Neu requested a ruling from the City Attorney as to whether or not renoticing would be required. Karen Hirata, Deputy City Attorney, replied that the changes are minor in nature and would not require renoticing. Commissioner Hall restated his proposal, i.e that any accessory structures must observe the required setbacks, with a maximum 14 ft. height limit. ACTION : Motion was made by Commissioner Schlehuber, and duly seconded, to trail this item to the end of the meeting, to continue the discussion. VOTE: 7-o AYES: Chairman Noble, Commissioners Erwin, Hall, Savary, Schlehuber, Schramm, and Welshons NOES: None ABSTAIN: None RECESS n recessed at 6:45 p.m. and reconvened at 6:57 p.m. north of Local Facilities Manage RANCH0 CARRILLO MASTER PLAN - Request tal Impact Report; and the request for the approval of a an Amendment, and a Hillside Development Permit on property , west of the eastern City limits, east of Bressi Ranch, and ne 6, in Local Facilities Management Zone 18. had been noticed on this item of interest, she left the meeting. ent from 29 property owners of opposing the Redwing Road connection to the Carrillo Ranch. He noted that the document could &tb<considered as an “official” \ MINUTES PLANNING COMMISSION April 21, 1993 PAGE 12 sioner Erwin stated that it seems inappropriate for the Planning Commission to be voting to extend e inquired if the City Council had requested the Commission to make this decision or if it is ocedure for this to come before the Commission before it goes to Council. Mr. Grim replied dard procedure. The Planning Commission must make a recommendation to the City Chairman Noble op the public testimony and issued the invitation to speak. Paul Klukas, the Planne iara, 2011 Palomar Airport Road, Suite 206, Carlsbad, addressed the Commission and stated th ree with the staff recommendation. They have found that, over the years, the most thorough revi tural design criteria really occurs at the Planning staff and Planning Commission level. further hearing at the City Council level, it is not only time consuming but redundant. He urge ommission to support the staff recommendation. There being no other persons desiring to e Commission on this topic, Chairman Noble declared the public testimony closed and opened the r discussion among the Commission members. ACTION: Motion was made by Commissi ehuber, and duly seconded, to adopt Planning Commission Resolution No. 35 ending approval of MP 177(l), based on the findings and subject to the conditions VOTE: 7-O AYES: Chairman Noble, Commissioners Erwin, Ha ry, Schlehuber, Schramm, and Welshons NOES: None ABSTAIN: None 3. ZCA 92-07 - ACCESSORY STRUCTURES ZCA - Request for recommendation of approval of: (1) a Negative Declaration, and (2) an amendment to Title 21 of the Carlsbad Municipal Code to define habitable space, and amend the development standards for accessory structures in the residential zones of the City. Don Neu, Senior Planner, reviewed the. background of the request and stated that this item was heard by the Commission on April 7, 1993 but was continued due to the lateness of the hour. The discussion on this item centered around non-habitable structures. As proposed, habitable accessory structures would be required to comply with all requirements of the zone applicable to placement of a dwelling unit on the property. The proposal in the ordinance which was originally heard requested that detached non-habitable accessory structures maintain 5 ft. interior side and rear setbacks. The code presently allows a homeowner to build to the property line. The other item of concern was the proposed building height limitation for detached non-habitable accessory structures. The code presently allows a homeowner to build up to the height limit of the zone, or 30 ft. in the R-l zone. The proposed ordinance was attempting to limit the height to 14 ft. if the structure was within the lot’s building setbacks. Staff is proposing a change in an attempt to address some of the Commission’s concerns voiced at the previous meeting. The proposed change is as follows: “(iii) (c) Building height shall not exceed 14 ft. if a minimum roof pitch of three to twelve (3:12) is provided, or 10 ft. if less than a 3:12 roof pitch is provided.” This proposed change would address building height, which seemed to cause the most concern at the previous meeting. This change would maintain the proposed 14 ft. height if a greater than 3:12 roof pitch is maintained and would reduce the height to 10 ft. if the pitch was less than 3:12. Staff recommends approval with this change. MINUTES April 21, 1993 PAGE 13 Commissioner Welshons inquired if this change would be carried throughout code. Mr. Neu replied to the affirmative. Commissioner Hall inquired if someone.on a 7,500 sf. lot could still build a garage in their back yard using the standard setbacks. Mr. Neu replied that it would depend on the size of the dwelling unit. If the dwelling unit was small enough that it took up a minor area of the buildable portion of the lot, and there was room for a 10 ft. separation between the dwelling unit and the detached garage, all within the setbacks, it could be done. However, he stated that in most instances the dwelling unit takes up most of the buildable area and then, when the 10 ft. separation is applied, there isn’t enough room left for a garage without encroaching into the setbacks. Commissioner Hall inquired how long the code has stated that the garage must be built at the time of construction. Mr. Neu was not sure how long it has been effect, only that a two-car garage is required when a building permit is issued. However, he stated that if a permit is requested to add a room addition or perform a remodeling, and there is no garage, the code requires the garage to be built at that time. Commissioner Hall cannot envision in what instances this amendment would be needed. On his way to the meeting tonight with Commissioner Erwin, they noted a 7 ft. high structure being built next to a 5 ft. fence. He felt even that was offensive. Commissioner Hall does not feel this change is fair to existing property owners. He would like to know where it would be used of mutual .benefit. He does not recall seeing detached garages on new construction in the last eight years. Mr. Neu replied that it would primarily be used with custom single-family homes and, probably, most often in the La Costa area and the northwest quadrant. Commissioner Hall thinks that if this were used it would be offensive to existing property owners. He would like to stand by his convictions voiced at the last meeting. He wants to apply the required setbacks for dwelling units to non-habitable accessory buildings. Commissioner Schlehuber can support the staff recommendation. He has one of these structures at his home which is on a much larger lot and, although he doesn’t necessarily like it, he feels it is needed to provide flexibility. He feels the proposed change might be needed in connection with a granny flat. Commissioner Schramm inquired how high the building would be without the roof. Mr. New replied that a garage would be 9 ft. before the roof is applied. Another 5 ft. is required in order to have a reasonable roof pitch. Commissioner Schramm inquired if the accessory structure had to maintain the 6 ft. setback if the roof would hang over the fence. Mr. Neu replied that it would not. In a worst case scenario, a 2 ft. overhang would still leave about 3 ft. A 10 ft. structure might have close to a flat roof. Chairman Noble announced that the public testimony had been taken at the last meeting and is therefore closed. ACTION: Motion was made by Commissioner Welshons, and duly seconded, to adopt Planning Commission Resolution No. 3501, recommending approval of the Negative Declaration issued by the Planning Director, and adopt Planning Commission Resolution No. 3502, recommending approval of ZCA 92-07, based on the findings and subject to the conditions contained therein, with the amendment to (iii) (c) as presented this evening, April 21, 1993. VOTE: 4-3 AYES: Chairman Noble, Commissioners Savary, Schlehuber, and Welshons NOES: Commissioners Erwin, Hall, and Schramm ABSTAIN: None MINUTES PLANNING COMMISSION April 21, 1993 PAGE 14 Commissioner Schramm requested that the record show she voted no because she would like to retain the 6 ft. side yard setback. Carlsbad SUN Decreed A Legal Newspaper by the Superior Court of San Diego County Mail all correspondence regarding public notice advertising to W.C.C.N. Inc. 2841 Loker Ave. East, Carlsbad, CA 92008 (619) 431-4850 Proof of Publication STATE OF CALIFORNIA, ss. COUNTY OF SAN DIEGO, I am a citizen of the United States and a resident of the county aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am principal clerk of the printer of the Carlsbad Sun, a newspaper of general circulation, published weekly in the City of Carlsbad, County of San Diego, State of California, and which newspaper is published for the dissemination of local news and intelligence of a general character, and which newspa- per at all times herein mentioned had and still has a bona fide subscription list of paying subscribers, and which newspaper has been established, printed and published at regular intervals in the said City of Carlsbad, County of San Diego, State of California, for a period exceeding one year next : I. .i; l$CA 92-07, t’ ’ .;; .* j y .bk -AMENDMENT TO’ DEVEtOPB$E!~~~~TANDARDS FOR ACCESSORY,STRUCt@JRES IN \ 1: RESIDENTIAL ZO$%F1&83 .! .<I,- /. i ! ‘ NO?ICE”IS HE&EIPY”GIVEN that the City’Council of the City of Carl- : I” sbad will hold a public hea,ring at$he C&yG##& ‘ibad Village Drive, Carlsba&,‘Califotinia, at 6:&I P: t +Ohambeq 1200 Carl- on Tuesday, June 15, to consider approval of a Negative Declaration and 8n amendment le 21 of the Carlsbad Municipal Code to define habitable space, and 1” amend the develop&&&tandards for accepsory structures in the re- I sidential zones If you have aq -+-qgar&* this~ma%$& please call Don Neu in .” the Planning ,I+? ; &438-1181, ext. 4&#&i.‘, ‘. .- ’ ‘ .- I. I I *’ rq l ;’ .- Y of publication of the ferred to; and that the annexed is a printed .ished in each regular lid newspaper and not hereof on the follow- le 03 192 19--- 19-- 19--- l%- y of perjury that the correct. Executed at San Diego, State of 3 3rd le, 1993 g&J--& Clerk of the Printer 7. NOTICE OF PUBLIC HEARING ZCA 92-07 AMENDMENT TO DEVELOPMENT STANDARDS FOR ACCESSORY STRUCTURES IN RESIDENTIAL ZONES NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold a public hearing at the City Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 P.M., on Tuesday, June 15, 1993, to consider approval of a Negative Declaration and an amendment to Title 21 of the Carlsbad Municipal Code to define habitable space, and amend the development standards for accessory structures in the residential zones of the City. If you have any questions regarding this matter, please call Don Neu in the Planning Department, at 438-1161, ext. 4446. If you challenge the Zone Code Amendment in court, you may be limited to raising only those issues raised by you or someone else at the public hearing described in this notice, or in written correspondence delivered to the City of Carlsbad City Clerk's Office at, or prior, to the public hearing. APPLICANT: City of Carlsbad PUBLISH: June 3, 1993 CARLSBAD CITY COUNCIL .4 NOTICE OF PUBLIC HEARINc ‘_ -(:,; NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Wednesday, April 7, 1993, to consider a request for recommendation of approval of: 1) a Negative Declaration, and 2) an amendment to Title 21 of the Carlsbad Municipal Code to define habitable space, and amend the development standards for accessory structures in the residential zones of the City. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the staff report v$l be available on and after March 31, 1993. If you have any questions, please call Don Neu in the Planning Department at 438-1161, ext. 44463 If you challenge the Zone Code Amendment in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad at or prior to the public hearing. CASE FILE: ZCA 92-07 CASE NAME: ACCESSORY STRUCTURES ZCA PUBLISH: CARLSBAD SUN - MARCH 25, 1993 BLADE CITIZEN - MARCH 26, 1993 /” - ” Li CITY OF CARLSBAD PLANNING .COMMISSION DN:km - TO: CITY CLERK’S OFFICE FROM: PLANNING DEPARTMENT RE: PUBLIC HEARING REQUEST Attached are the materials necessary for YOU t0 notice Amendment to Title 21 of the Carlsbad Municipal Code to Define Habitable Space and Amend the Development Standards for Accessory Structures in the kesldential Zones of the City --- ZCA 92-07. for a public hearing before the Cfty COuncll. Please notice the item for the council meeting of . Thank you. MARTY ORENYAK Assistant City Manager May 4, 1993 Date