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Home My WebLink About1994-06-21; City Council; 12745; Second Dwelling UnitsCl- OF CARLSBAD - AGENT BILL AB#s TITLE- L ADOPTION OF ORDINANCE NO. NS-283 - MTG. 6lW94 SECOND DWELLING UNITS - ZCA 924 DEPT. Cm RECOMMENDED ACTION: M 0 % CITY ATTY - CITY MGR. - Adopt Ordinance No. NS-283, amending Title 21 of the Carlsbad Municipal Code to add a definition for second dwelling unit, to allow the development of second dwelling units through administrative permit in residential zones and areas designated by a Master Plan for single family detached dwellings, and to amend the regulations for the development of second dwelling units. ITEM EXPLANATION Ordinance No. NS-283 was introduced and first read at the regular City Council meeting of June 14, 1994. The second reading allows Council to adopt the ordinance which would then become effective in thirty days. The City Clerk will have the ordinance published within fifteen days, if adopted. FISCAL IMPACT See Agenda Bib No. 12,735 on file with the City Clerk. 1. Ordinance No. NS-283. 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 ORDINANCE NO. NS-283 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 21 OF THE CARLSBAD MUNICIPAL CODE BY AMENDING VARIOUS CHAPTERS AND SECTIONS TO: (1) ADD A DEFINITION FOR SECOND DWELLING UNIT, (2) ALLOW THE DEVELOPMENT OF SECOND DWELLING UNITS THROUGH ADMINISTRATIVE PERMIT IN THE R-A, R-E, R-l, R-2, R-3, R-P, R-T, R-W, AND RD-M ZONES AND AREAS DESIGNATED BY A MASTER PLAN FOR SINGLE-FAMILY DETACHED DWELLINGS IN THE P-C ZONES OF THE CITY, AND (3) AMEND THE REQUIREMENTS FOR THE CREATION OF SECOND DWELLING UNITS IN THE R-A, R-E, R-l, R- 2, R-3, R-P, R-T, R-W AND RD-M ZONES AND AREAS DESIGNATED BY A MASTER PLAN FOR SINGLE-FAMILY DETACHED DWELLINGS IN THE P-C ZONES OF THE CITY. CASE NAME: SECOND DWELLING UNIT ZONE CODE AMENDMENT CASE NO: ZCA 92-04 WHEREAS, any local agency may, by ordinance, provide for the creation of second units in single-family and multi-family residential zones consistent with the provisions of California Government Code Section 65852.2; WHEREAS, it is a program of the Housing Element of the City's General Plan to examine the existing Second Dwelling Unit Section of the City's Municipal Code to explore means of better encouraging and facilitating the development of this alternative and affordable housing type. 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 21.04.303 to read as follows: "21.04.303 Set ond . Dwellina Unit. Second dwelling unit means a residential dwelling unit which is attached or detached from the primary dwelling unit on a lot, and which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or "primaryl' dwelling is situated." - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 2: That Title 21, Chapter 21.42, Section 21.42.010(11) of the Carlsbad Municipal Code, containing the requirements for creation of second dwelling units through Conditional Use Permit is hereby repealed and subsequent Sections of this Chapter are renumbered accordingly. SECTION 3: That Title 21, Chapter 21.10 of the Carlsbad Municipal Code is.amended by the addition of Section 21.10.015 to read as follows: 8 "21.10.015. Second . istrative Pe ' (a) The public good is served when thzre exists in a z:i* housing which is appropriate for the needs of and affordable I& all members of the public who reside within that city. Among other needs, there is~ in Carlsbad a need for affordable rental housing. Therefore, it is in the public interest for the City to promote a range of housing alternatives in order to meet the affordable rental housing needs of its citizens. This section is intended to provide a rental housing alternative by establishing a procedure to create new second dwelling units. (b) The provisions of this Section shall apply to single family zones R-A, R-E, and R-l, areas designated by a master plan for single-family detached dwellings in P-C zones and lots within multi-family zones R-2, R-3, R-P, R-T, R-W, and RD-M, which are developed with single-family residences. (c) Second Dwelling Units: Second dwelling units require an administrative permit. Application submittal and review shall include the following requirements: (1) Application submittal foranadministrativepermit: The completed application for an administrative permit shall include the following information: (A) The name(s) of the owner(s): (B) The address of the dwelling units; (C) The assessor8s parcel number; (D) A general floor plan of the second dwelling unit: (E) A scaled drawing showing the lot dimension, the location of the primary and second dwelling unit, location of all vehicular parking, and the total square footage of both units; (F) The consent of the applicant to the physical inspection of the premises prior to the issuance of the administrative permit; (G) Description and location of water and sanitary (sewer) services; (H) An applicant signed declaration that the application for the second dwelling unit is not in conflict with existing conditions, covenants, and restrictions (CC&R's) applicable to the title of the subject property: and 2 ’ . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (I) Any other information reguiredbythe Planning irector for a proper review of the application. (2) Administrative permit procedures: The dministrative permit for a second dwelling unit shall be recessed as follows: (A) An applicant requesting an administrative ermit for a second dwelling unit shall so indicate at the time he application is filed. (B) Upon acceptance of a complete application and ayment of the required fees for a second dwelling unit, the lanning Director shall give written notice by mail or personal elivery to all property owners within three hundred feet of the ubject property, as shown on the latest egualized assessment ole, at least fifteen days prior to a decision on an application. (Cl Any person so notified may file written bjections or a written request to be heard within ten days after he mailing or personal delivery of the notice. If a written equest to be heard is filed, the Planning Director shall schedule hearing and provide written notice to the applicant and the eguest at least five days prior to the hearing. The hearing is ot a public hearing and may be informal. (D) Notice of the Planning Director's decision on n administrative application for a second dwelling unit shall be ailed to the applicant within five days of the date of the ecision. If a hearing is held, he shall render his decision ithin ten days of the conclusion of the hearing. (El The Planning Director shall announce his ecision and findings by letter to the applicant and the letter hall recite, among other things, the facts and reasons which in he opinion of the Planning Director make the granting or denial f the administrative permit necessary to carry out the provisions nd general purpose of this title and whether the administrative ermit is granted or denied. It shall also notice such conditions nd limitations as the Planning Director may impose on the ranting of a permit. The letter shall be sent to any person who eguested or appeared at the hearing. (F) Approval by the Planning Director of an administrative permit for a second dwelling unit shall be given only if the requirements of subsection (c)(3) are satisfied. (G) Any decision of the Planning Director pursuant to this Section may be appealed by any person to the Planning Commission in accordance with Section 21.54.140 of this Code. (H) Amendments to administrative permits for second dwelling units may be considered on the same criteria and under the same procedures as original applications pursuant to this Section. (3) Review of an administrative permit: In order to grant an administrative permit for a second dwelling unit, the following requirements must be met: (A) The owner of the property must continually occupy either the main dwelling unit or the second dwelling unit. For purposes of this subsection, *lownerll shall include a lessee if the leasehold includes both the main dwelling and the second dwelling unit. 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 second dwelling unit shall either be attached to the main dwelling unit and located within the habitable area of the main dwelling unit or detached from the main dwelling unit and located on the same lot as the main dwelling unit. (C) The second dwelling unit must meet the setback, lot coverage, and other development standards applicable to the zone, which are not addressed within this subsection. (D) Attached second dwelling units shall conform to the height limits applicable to the zone and detached second dwelling units shall be limited to one story, except that second dwelling units constructed above detached garages shall be permitted, and shall conform to the height limits applicable to the zone. (E) Garage conversions are prohibited unless replacement off-street garage parking is provided concurrently and in compliance with the requirements of Chapter 21.44 of this title. (F) Second dwelling units shall not be permitted on a lot or parcel having guest or accessory living quarters, or a residential care facility. Existing guest or accessory living quarters may be converted into a second dwelling unit provided that all zoning and structural requirements are met. (G) One additional paved off-street (covered or uncovered) parking space shall be provided for the second dwelling unit and shall comply with the requirements of Chapter 21.44 of this title. The additional parking space may be provided through tandem parking (provided that the garage is setback a minimum of twenty feet from the property line) or in the front yard setback. (H) Adeguate water and sewer capacity and facilities for the second dwelling unit must be available or made available. (I) All necessary public facilities and services must be available or made available. (J) The second unit may be rented and shall not be sold separately from the main dwelling unit unless the lot on which such units are located are subdivided. The lot upon which the second unit is located shall not be subdivided unless each lot which would be created by the subdivision will comply with the requirements of this title and Title 20; and further provided, that all structures existing on each proposed lot will comply with the development standards applicable to each lot. (K) The total area of floor space for an attached or detached second unit shall not exceed 640 square feet. (L) The second dwelling unit shall be architecturally compatible with the main dwelling unit, in terms of appearance, materials, and finished quality, and on sides adjacent to streets, the appearance of a single family dwelling shall be retained. (M) A second dwelling unit which conforms to the requirements of this section shall be allowed to exceed the permitted density for the lot upon which it is located and shall be deemed to be a residential use consistent with the density requirements of the General Plan and the zoning designation for the lot. . 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 (NJ The size of the lot upon which a second lwelling unit is proposed shall not be less than the minimum lot ;ize required of the zone. (0) The Planning Director shall not approve the administrative permit unless he finds that the second dwelling lnit will not be materially detrimental to the public welfare or .njurious to the property or improvements in such vicinity and :one in which the property is located. (P) The maximum monthly rental rate for a second lwelling unit shall be affordable to low income households. The monthly rent shall not exceed an amount equal to 30 percent of the Iross monthly income.of a low-income household, adjusted for Lousehold size, at 80 percent of the San Diego County median ncome. entrance. (Q) The second dwelling unit shall have a separate SECTION 4: That Title 21, Chapter 21.08 of the Carlsbad Iunicipal Code is amended by the addition of Section 21.08.015 to read as follows: "21.08.015. Second Dwellinu Unit bv Administrative Permit. Second dwelling units may be permitted by an administrative jermit issued according to the provisions of Section 21.010.015 of :his Title. The development standards of this zone shall apply." SECTION 5: That Title 21, Chapter 21.09 of the Carlsbad lunicipal Code is amended by the addition of Section 21.09.025 to read as follows: "21.09.025. Second Dwellina Unit bv Administrative Permit. Second dwelling units may be permitted by an administrative jermit issued according to the provisions of Section 21.010.015 of :his Title. The development standards of this zone shall apply." SECTION 6: That Title 21, Chapter 21.38 of the Carlsbad lunicipal Code is amended by the addition of Section 21.38.025 to :ead as follows: Second Dwellina Unit bv Administrative Permit. " 2 1 8 .3 .025. Second dwelling units may be permitted by an administrative )ermit issued according to the provisions of Section 21.010.015 of :his Title in areas designated by a master plan for single-family letached dwellings. For second dwelling units proposed on ;tandard lots (minimum 7500 sq.ft. in area) which are developed rith detached single family residences, the development standards )f Chapter 21.10 shall apply. For second dwelling units proposed 5 1 2 3 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 C d E Y I s I P I E t I i e 1 i f E e 1 IR E I e E 'n substandard lots (less than 7500 sq.ft. in area) which are leveloped with detached single family residences, the development standards of Chapter 21.45 shall apply. SECTION 7: That Title 21, Chapter 21.12 of the Carlsbad Municipal Code is amended by the addition of Section 21.12.015 to :ead as follows: ; " 1.12.015. Second dwelling units may be permitted by an administrative jermit issued according to the provisions of Section 21.010.015 of :his Title on lots which are developed with detached single-family :esidences. The development standards of this zone shall apply." SECTION 8: That Title 21, Chapter 21.16 of the Carlsbad lunicipal Code is amended by the addition of Section 21.16.017 to :ead as follows: Second "21.16.017. Second dwelling units may be permitted by an administrative lennit issued according to the provisions of Section 21.010.015 of :his Title on lots which are developed with detached single-family :esidences. The development standards of this zone shall apply." SECTION 9: That Title 21, Chapter 21.45, Section !1.45.090 of the Carlsbad Municipal Code is amended by the addition of Subsection 21.45.090(p) to read as follows: "(P) Second dwelling units may be permitted on .ots which are developed with detached single family residences 'ccording to the provisions of Section 21.010.015(c), and subject :o the following additional requirements: (1) All second dwelling units within a single family residential planned unit development shall be required to zither be approved as part of the planned unit development 'pplication or through an amendment to the planned unit levelopment application. (2) All second dwelling units shall comply rith the development standards of this chapter with the following exception: (9 Second dwelling units shall be ;etback the same distance from the front and side property lines LS the primary dwelling unit.on the lot. (ii) Second dwelling units shall be setback a minimum of ten feet from the rear property line. 6. J. (iii) Second dwelling units shall not be .permitted to be located within any portion of the lot which is 2 counted towards satisfying recreation requirements for the primary residence. 3 (iv) For detached seconddwellingunits, the distance between the primary dwelling unit and the second 4 dwelling unit shall be not less than ten feet. 5 SECTION 10: That Title 21, Chapter 21.44, Section 6 21.44.020(a) of the Carlsbad Municipal Code is amended by the 7 amendment of Subsection (1) and (2) to read as follows: 8 "Residential. (1) Standard-Single Family, R-l, R-A, E-A and RE zones. 9 Two car garage with the following exceptions: One additional paved off-street (covered or 10 uncovered) parking space shall be provided for a second dwelling unit and shall comply with the requirements of this Chapter. The 11 additional parking space may be provided through tandem parking (provided that the garage is setback a minimum of twenty feet from 12 the property line) or the front yard setback." (2) Planned Unit Developments and Condominiums --- Two 13 standard covered parking spaces. Exception: studio --- 1.5 spaces/unit, one covered/unit and second dwelling unit --- 1 14 space/second unit, covered or uncovered. The parking space for a second dwelling unit may be provided through tandem parking 15 (provided that the covered parking spaces for the primary dwelling unit are located within a two-car garage and the garage is setback 16 a minimum of twenty feet from the property line) or in the front yard setback. In addition, parking areas for guest parking must 17 be provided as follows: 0.5 spaces for each unit up through ten units, 0.3 spaces for each unit in excess of ten units. Credit 18 for visitor parking may be given for frontage on local streets that meet public street standards for detached single-family 19 residential projects subject .to the approval of the planning commission; not less than twenty-four lineal feet per space 20 exclusive of driveway entrances and driveway aprons shall be provided for each parking space, except where parallel parking 21 spaces are located immediately adjacent to driveway aprons, then twenty lineal feet may be provided." 22 SECTION 11: That Title 21, Chapter 21.44, Section 23 21.44.050 of the Carlsbad Municipal Code is amended by the 24 amendment of Subsection (a)(l) to read as follows: 25 "(a) The foll owing general requirements shall apply to all 26 parking spaces and areas: (1) Size and Access. Each off-street parking space 27 shall have an area of not less than one hundred seventy square feet exclusive of drives or aisles and a width of not less than 28 eight and one-half feet. Subject to the approval of the Planning 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Director, up to a two-and-one-half foot overhang may be permitted. Each space shall be provided with adequate ingress and egress. Aisles to and from parking stalls shall not be less than: (A) Fourteen feet wide for thirty and forty-five 'degree parking; parking. (B) Eighteen feet wide for sixty degree parking; (C) Twenty-four feet wide for ninety degree Circulation within a parking area must be such that a car entering the parking area need not enter a street to reach another aisle and that a car need not enter a street backwards. This provision shall not apply to off-street parking required for one and two-family dwelling units.' When the required parking space for one- family, two-family or multiple-family structure in any residential zone is not to be provided in a covered garage, each such required car space shall be not less than two hundred square feet in area and shall be so located and/or constructed that it may later be covered by a garage structure in accordance with the provisions of this title, with the following exception:,second dwelling unit." SECTION 12: That Title 21, Chapter 21.08, Section 21.08.100 of the Carlsbad Municipal Code is amended by the amendment of paragraph (1) to read as follows: , "(1) Each dwelling unit shall have a two-car garage, with a minimum dimension of 20 feet square which is architecturally integrated with and has an exterior similar to the dwelling unit, with the following exceptions: One additional paved off-street (covered or uncovered) parking space shall be provided for a second dwelling unit and shall comply with the requirements of Chapter 21.44 of this title. The additional parking space may be provided through tandem parking (provided that the garage is setback a minimum of twenty feet from the property line) or in the front yard setback." 20 SECTION 13: That Title 21, Chapter 21.09 of the 21 Carlsbad Municipal Code is amended by the amendment of Section 22 21.09.140 to read as follows: 23 w21.09.140.- Parking. Notwithstanding parking requirements of Chapter 21.44, not . 24 fewer than two off-street parking spaces shall be provided for each residence. The required two spaces shall be covered by a 25 garage or carport, and the driveway adequately paved with either concrete or asphalt cement prepared over adequate base. The 26 following is an exception to the two parking space requirement: (1) One additional paved off-street (covered or uncovered) 27 parking space shall be provided for a second dwelling unit and shall comply with the requirements of Chapter 21.44 of this title. 28 8 , . . - . 1 The additional parking space may be provided through tandem parking (provided that the garage is setback a minimum of twenty 2 feet from the property line) or in the front yard setback." 3 SECTION 14: That Title 21, Chapter 21.09 of the 4 Carlsbad Municipal Code is amended by the amendment of Section 3 21.09.190, paragraph (1) to read as follows: 6 "(1) Each dwelling unit shall have a two-car garage, with a minimum dimension of twenty feet square which is 7 architecturally integrated with and has an exterior similar to the 8 dwelling unit with the following exception: One additional paved off-street (covered or uncovered) parking space shall be provided for a second dwelling unit and 9 shall comply with the requirements of Chapter 21.44 of this title. The additional parking space may be provided through tandem 10 parking (provided that the garage is setback a minimum of twenty feet from the property line) or in the front yard setback." 11 SECTION 15: 12 That Title 21, Chapter 21.10, Section 21.10.100 of the Carlsbad Municipal Code is amended by the 13 amendment of paragraph (1) to read as follows: 14 "(1) Each dwelling unit shall have a two-car garage, 15 with a minimum dimension of twenty feet square which is architecturally integrated with and has an exterior similar to the 16 dwelling unit with the following exception: One additional paved off-street (covered or uncovered) 17 parking space shall be provided for a second dwelling unit and shall comply with the requirements of Chapter 21.44 of this title. 18 The additional parking space may be provided through tandem parking (provided that the garage is setback a minimum of twenty 19 feet from the property line) or in the front yard setback." 20 SECTION 16: That Title 21, Chapter 21.45, Section 21 21.45.090. of the Carlsbad Municipal Code is amended by the 22 amendment of Subsection (c) to read as-follows: 23 'l(c) Resident Parking. All units must have at least two full-sized covered residential parking spaces, except for studio 24 units which shall be provided with a ratio of 1.5 spaces per unit, for which one space per unit shall be covered, and second dwelling 25 units which shall be provided with one space (covered or uncovered) per second unit. The parking space for the second 26 dwelling unit may be provided through tandem parking (provided that the covered parking spaces for the primary dwelling are 27 located within a two-car garage and the garage is setback a minimum of twenty feet from the property line) or in the front 28 yard setback. In cases where a fractional parking space is 9 -. . 1 required. The required number of spaces shall be rounded to the 2 nearest highest whole number.II 3 SECTION 17: That Title 21, Chapter 21.18 of the 4 Carlsbad Municipal Code is amended by the addition of Section 21.18.046 to read as follows: 5 6 permit. Second "21.18.046. Administrative Second dwelling units may be permitted by an administrative permit issued according to. the provisions of 7 Section 21.010.015 of this title on lots which are developed with detached single-family residences. 8 this zone shall apply." The development standards of 9 SECTION 18: That Title 21, Chapter 21.20 of the 10 Carlsbad Municipal Code is amended by the addition of Section 11 21.20.026 to read as follows: 12 “21.20.026. Second Dwellina Unit bv Administrative Permit. Second dwelling units may be permitted by an 13 administrative permit issued according to the provisions of Section 21.010.015 of this title on lots which are developed with 14 detached single family residences. The development standards of this zone shall apply.II 15 SECTION 19: That Title 21, Chapter 21.22 of the 16 Carlsbad Municipal Code is amended by the addition of Section 17 21.22 to read as follows: 18 "21.22.016 Second Dwellina Unit bv Administrative 19 Permit. Second dwelling units may be permitted by an administrative permit issued according to the provisions of 20 Section 21.010.015 of this title on lots which are developed with detached single-family residences. The development standards of 21 this zone shall apply.II 22 SECTION 20: That Title 21, Chapter 21.24 of the 23 Carlsbad Municipal Code is amended by the addition of Section 24 21.24.026 to read as follows: 25 "21.24.026 Second Dwellina Unit bv Administrative Permit. Second dwelling units may be permitted by an 26 administrative permit issued according to the provisions of Section 21.010.015 of this title on lots which are developed with 27 detached single-family residences. The development standards of this zone shall apply." 28 10 . . h -. 1 2 3 4 ,5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EFFECTIVE DATE: This ordinance shall be effective :hirty days after its adoption, and the City Clerk shall certify :o the adoption of this ordinance and cause it to be published at Least once in a newspaper of general circulation within the City within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Zarlsbad City Council on the 14th day of JUNE , 1994, nnd thereafter PASSED AND ADOPTED at a regular meeting of the City Zouncil of the City of Carlsbad on the' 71st day of JUNE I 1994, by the following vote, to wit: AYES: Council Members Lewis, Stanton, Kulchin, Nygaard, Finnila NOES: None ABSENT: None 4PPROVED AS TO FORM AND LEGALITY GA-L-L 3ONALD R. BALL, City 1TTEST: KRANZ, City Clerk IWREN R. KUNDT istant City Clerk 11