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Home My WebLink About1996-04-09; City Council; 13601; Accessory Structures Height LimitationC-Y OF CARLSBAD - AGE-IA BILL AB # 13; 1;2 0 1 TITLE: - ADOPTION OF ORDINANCE NO. NS-355 - MTG. - ACCESSORY STRUCTURES HEIGHT DEPT. CJ.K LIMITATION - ZCA 95-4 DEPT. HD. &? CITY ATTY CITY MGR. RECOMMENDED ACTION: Adopt Ordinance No. NS-355, amending various sections of the Municipal Code to restrict all residential accessory structures to a one-story/l4-foot height limit. ITEM EXPLANATION Ordinance No. NS-355 was introduced at the regular City Council meeting of April 2, 1996. 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 Bill No. 13,590 on file with the City Clerk. EXHIBIT 1. Ordinance No. NS-3 55. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. NS-355 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING VARIOUS SECTIONS OF VARIOUS CHAPTERS OF TITLE 21 OF THE CARLSBAD MUNICIPAL CODE TO RESTRICT ALL RESIDENTIAL ACCESSORY STRUCTURES TO A ONE-STORY/14 FOOT HEIGHT LIMIT. CASE NAME: ACCESSORY STRUCTURES HEIGHT LIMITATION CASE NO: ZCA 95-04 The City Council of the City of Carlsbad, California, does ordain as follows: SECTION 1: That Title 21, Chapter 21.04 Section 21.04.098 of the Carlsbad Municipal Code is amended to read as follows: “21.04.020. Accessorv. “Accessory” means a building, part of a building or structure, or use which is subordinate to and the use of which is incidental to that of the main building, structure or use on the same lot. If an accessory building is attached to the main building by a common wall such building area is considered a part of the main building and not an accessory building or structure.” SECTION 2: That Title 21, Chapter 21.04 Section 21.04.098 of the Carlsbad Municipal Code is added to read as follows: “21.04.098. Common wall. “Common wall” is used for the purpose of distinguishing between an otherwise accessory building or structure and a main dwelling unit building or structure within residential zones. A “common wall” divides, yet is shared by, two adjacent enclosed building areas. A common wall may or may not provide a door or accessway to accommodate passage between the two building areas separated by a common wall. Accessory structures do not involve an attachment to the main building by a common wall. SECTION 3: That Title 21, Chapter 21.08, Section 21.08.050 of the Carlsbad Municipal Code is amended to read as follows: “21.080.050(1)(D). standards: (D)(i) All accessory structures shall comply with the following development (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; (c) When proposed on a lot adjoining native vegetation, accessory structures within a fire suppression zone must be reviewed and approved by the Fire m 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 Department; (d) Accessory buildings, by definition, do not share a common wall with the main dwelling unit structure; (e) Buildings shall not exceed one story; (f) Building height shall not exceed fourteen feet if a minimum roof pitch of 3:12 is provided or ten feet if less than a 3:12 roof pitch is provided; (g) Second dwelling units constructed above detached garages, located within a lot’s buildable area, pursuant to Section 21.10.015 (c)3(D) of this title are not subject to the one story/fourteen foot height limitation imposed on accessory structures. (ii) Habitable detached accessory structures shall comply with all requirements of the zone applicable to placement of a dwelling unit on a lot including setbacks. (iii) 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 when located within a lot’s required setback areas: (a) The maximum allowable building area per structure shall not exceed a building coverage of 440 square feet; (b) The following setbacks shall apply: A front yard setback of 20 feet, a rear yard setback of 5 feet, a side yard setback of 5 feet, and an alley setback of 5 feet; (c) The maximum plumbing drain size shall be 1 l/2 inch in diameter so as to prohibit toilets, showers, bathtubs and other similar fixtures; (d) The additional development standards listed above (a-c) shall apply to the entire subject accessory structure, not just the portion encroaching into a lot’s setback area. (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 21.08.050 of the Carlsbad Municipal Code is amended to read as follows: “21.080.050(2)(D). standards: (D)(i) All accessory structures shall comply with the following development (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; (c) When proposed on a lot adjoining native vegetation, accessory structures within a fire suppression zone must be reviewed and approved by the Fire Department; (d) Accessory buildings, by definition, do not share a common wall with the main dwelling unit structure; (e) Buildings shall not exceed one story; 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 C (f) Building height shall not exceed fourteen feet if a minimum roof pitch of 3:12 is provided or ten feet if less than a 3:12 roof pitch is provided; (g) Second dwelling units constructed above detached garages, located within a lot’s buildable area, pursuant to Section 21.10.015 (c)3(D) of this title are , not subject to the one story/fourteen foot height limitation imposed on accessory ~ structures. (ii) Habitable detached accessory structures shall comply with all requirements of the zone applicable to placement of a dwelling unit on a lot including setbacks. (iii) 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 when located within a lot’s required setback areas: (a) The maximum allowable building area. per structure shall not exceed a building coverage of 440 square feet; (b) The following setbacks shall apply: A front yard setback of 20 feet, a rear yard setback of 5 feet, a side yard setback of 5 feet, and an alley setback of 5 feet; (c) The maximum plumbing drain size shall be 1 l/2 inch in diameter so as to prohibit toilets, showers, bathtubs and other similar fixtures; (d) The additional development standards listed above (a-c) shall apply to the entire subject accessory structure, not just the portion encroaching into a lot’s setback area. (iv) The provisions of this section are applicable notwithstanding the permit requirements contained in Section 18.04.015 of this code.” SECTION 5: That Title 21, Chapter 21.10, Section 21.10.050 of the Carlsbad Municipal Code is amended to read as follows: “21.10.050(1)(D). (D) (i) All accessory 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; (c) When proposed on a lot adjoining native vegetation, accessory structures within a fire suppression zone must be reviewed and approved by the Fire Department; (d) Accessory buildings, by definition, do not share a common wall with the main dwelling unit structure; (e) Buildings shall not exceed one story; (f) Building height shall not exceed fourteen feet if a minimum roof pitch of 3:12 is provided or ten feet if less than a 3:12 roof pitch is provided; (g) Second dwelling units constructed above detachc ,I garages, located within a lot’s buildable area, pursuant to Section 21.10.015 (c)3(D) of this title are 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 not subject to the one story/fourteen foot height limitation imposed on accessory structures. (ii) Habitable detached accessory structures shall comply with all requirements of the zone applicable to placement of a dwelling unit on a lot including setbacks. (iii) 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 when located within a lot’s required setback areas: (a) The maximum allowable building area per structure shall not exceed a building coverage of 440 square feet; (b) The following setbacks shall apply: A front yard setback of 20 feet, a rear yard setback of 5 feet, a side yard setback of 5 feet, and an alley setback of 5 feet; (c) The maximum plumbing drain size shall be 1 l/2 inch in diameter so as to prohibit toilets, showers, bathtubs and other similar fixtures; (d) The additional development standards listed above (a-c) shall apply to the entire subject accessory structure, not just the portion encroaching into a lot’s setback area. (iv) The provisions of this section are applicable notwithstanding the permit requirements contained in Section 18.04.015 of this ,code.” SECTION 6: That Title 21, Chapter 21.10, Section 21.10.050 of the Carlsbad Municipal Code is amended to read as follows: “21.10.050(2)(D). (D)(i) AI1 accessory 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; (c) When proposed on a lot adjoining native vegetation, accessory structures within a fire suppression zone must be reviewed and approved by the Fire Department; (d) Accessory buildings, by definition, do not share a common wall with the main dwelling unit structure; (e) Buildings shall not exceed one story; (f) Building height shall not exceed fourteen feet if a minimum roof pitch of 3:12 is provided or ten feet if less than a 3:12 roof pitch is provided; (g) Second dwelling units constructed above detached garages, located within a lot’s buildable area, pursuant to Section 21.10.015 (c)3(D) of this title are not subject to the one story/fourteen foot height limitation imposed on accessory structures. (ii) Habitable detached accessory structures shall comply with all requirements of the zone applicable to placement of a dwelling unit on a lot including 4 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 - setbacks. (iii) 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 when located within a lot’s required setback areas: (a) The maximum allowable building area per structure shall not exceed a building coverage of 440 square feet; (b) The following setbacks shall apply: A front yard setback of 20 feet, a rear yard setback of 5 feet, a side yard setback of 5 feet, and an alley setback of 5 feet; (c) The maximum plumbing drain size shall be 1 l/2 inch in diameter so as to prohibit toilets, showers, bathtubs and other similar fixtures; (d) The additional development standards listed above (a-c) shall apply to the entire subject accessory structure, not just the portion encroaching into a lot’s setback area. (iv) The provisions of this section are applicable notwithstanding the permit requirements contained in Section 18.04.015 of this code.” SECTION 7: That Title 21, Chapter 21.12, Section 21.12.050 of the Carlsbad Municipal Code is amended to read as follows: “21.12.050 (l)(D). (D)(i) All accessory 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; (c) When proposed on a lot adjoining native vegetation, accessory structures within a fire suppression zone must be reviewed and approved by the Fire Department; (d) Accessory buildings, by definition, do not share a common wall with the main dwelling unit structure; (e) Buildings shall not exceed one story; (f) Building height shall not exceed fourteen feet if a minimum roof pitch of 3:12 is provided or ten feet if less than a 3:12 roof pitch is provided; (g) Second dwelling units constructed above detached garages, located within a lot’s buildable area, pursuant to Section 21.10.015 (c)3(D) of this title are not subject to the one story/fourteen foot height limitation imposed on accessory structures. (ii) Habitable detached accessory structures shall comply with all requirements of the zone applicable to placement of a dwelling unit on a lot including setbacks. (iii) Detached accessory strucfures, 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 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - following additional development standards when located within a lot’s required setback areas: (a) The maximum allowable building area per structure shall not exceed a building coverage of 440 square feet; (b) The following setbacks shall apply: A front yard setback of 20 feet, a rear yard setback of 5 feet, a side yard setback of 5 feet, and an alley setback of 5 feet; (c) The maximum plumbing drain size shall be 1 l/2 inch in diameter so as to prohibit toilets, showers, bathtubs and other similar fixtures; (d) The additional development standards listed above (a-c) shall apply to the entire subject accessory structure, not just the portion encroaching into a lot’s setback area. (iv) The provisions of this section are applicable notwithstanding the permit requirements contained in Section 18.04.015 of this code.” SECTION 8: That Title 21, Chapter 21.12, Section 21.12.050 of the Carlsbad Municipal Code is amended to read as follows: “21.12.050(2)(D). (D)(i) All accessory 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; (c) When proposed on a lot adjoining native vegetation, accessory structures within a fire suppression zone must be reviewed and approved by the Fire Department; (d) Accessory buildings, by definition, do not share a common wall with the main dwelling unit structure; (e) Buildings shall not exceed one story; (f) Building height shall not exceed fourteen feet if a minimum roof pitch of 3:12 is provided or ten feet if less than a 3:12 roof pitch is provided; (g) Second dwelling units constructed above detached garages, located within a lot’s buildable area, pursuant to Section 21.10.015 (c)3(D) of this title are not subject to the one story/fourteen foot height limitation imposed on accessory structures. (ii) Habitable detached accessory structures shall comply with all requirements of the zone applicable to placement of a dwelling unit on a lot including setbacks. (iii) 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 when located within a lot’s required setback areas: (a) The maximum allowable building area per structure shall not exceed a building coverage of 440 square feet; 6 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - (b) The following setbacks shall apply: A front yard setback of 20 feet, a rear yard setback of 5 feet, a side yard setback of 5 feet, and an alley setback of 5 feet; (c) The maximum plumbing drain size shall be 1 l/2 inch in diameter so as to prohibit toilets, showers, bathtubs and other similar fixtures; (d) The additional development standards listed above (a-c) shall apply to the entire subject accessory structure, not just the portion encroaching into a lot’s setback area. (iv) The provisions of this section are applicable notwithstanding the permit requirements contained in Section 18.04.015 of this code.” SECTION 9: That Title 21, Chapter 21.16, Section 21.16.050 of the Carlsbad Municipal Code is amended to read as follows: “21.16.050(1)(D). (D)(i) All accessory 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; (c) When proposed on a lot adjoining native vegetation, accessory structures within a fire suppression zone must be reviewed and approved by the Fire Department; (d) Accessory buildings, by definition, do not share a common wall with the main dwelling unit structure; (e) Buildings shall not exceed one story; (f) Building height shall not exceed fourteen feet if a minimum roof pitch of 3:12 is provided or ten feet if less than a 3:12 roof pitch is provided; (g) Second dwelling units constructed above detached garages, located within a lot’s buildable area, pursuant to Section 21.10.015 (c)3(D) of this title are not subject to the one story/fourteen foot height limitation imposed on accessory structures. (ii) Habitable detached accessory structures shall comply with all requirements of the zone applicable to placement of a dwelling unit on a lot including setbacks. (iii) 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 when located within a lot’s required setback areas: (a) The maximum allowable building area per structure shall not exceed a building coverage of 440 square feet; (b) The following setbacks shall apply: A front yard setback of 20 feet, a rear yard setback of 5 feet, a side yard setback of 5 feet, and an alley setback of 5 feet; (c) The maximum plumbing drain size shall be 1 l/2 inch in 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 / diameter so as to prohibit toilets, showers, bathtubs and other similar fixtures; (d) The additional development standards listed above (a-c) shall apply to the entire subject accessory structure, not just the portion encroaching into a lot’s setback area. (iv) The provisions of this section are applicable notwithstanding the permit requirements contained in Section 18.04.015 of this code.” SECTION 10: That Title 21, Chapter 21.16, Section 21.16.050 of the Carlsbad Municipal Code is amended to read as follows: “21.16.050(2)(D). (D)(i) All accessory 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; (c) When proposed on a lot adjoining native vegetation, accessory structures within a fire suppression zone must be reviewed and approved by the Fire Department; (d) Accessory buildings, by definition, do not share a common wall with the main dwelling unit structure; (e) Buildings shall not exceed one story; (f) Building height shall not exceed fourteen feet if a minimum roof pitch of 3:12 is provided or ten feet if less than a 3:12 roof pitch is provided; (g) Second dwelling units constructed above detached garages, located within a lot’s buildable area, pursuant to Section 21.10.015 (c)3(D) of this title are not subject to the one story/fourteen foot height limitation imposed on accessory structures. (ii) Habitable detached accessory structures shall comply with all requirements of the zone applicable to placement of a dwelling unit on a lot including setbacks. (iii) 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 when located within a lot’s required setback areas: (a) The maximum allowable building area per structure shall not exceed a building coverage of 440 square feet; (b) The following setbacks shall apply: A front yard setback of 20 feet, a rear yard setback of 5 feet, a side yard setback of 5 feet, and an alley setback of 5 feet; (c) The maximum plumbing drain size shall be 1 l/2 inch in diameter so as to prohibit toilets, showers, bathtubs and other similar fixtures; (d) The additional development standards listed above (a-c) shall apply to the entire subject accessory structure, not just the portion encroaching into a lot’s setback area. 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 (iv) The provisions of this section are ipplicable notwithstanding the permit requirements contained in Section 18.04.015 of this code.” SECTION 11: That Title 21, Chapter 21.18, Section 21.18.050 of the Carlsbad Municipal Code is amended to read as follows: “21.18.050 (7)(C). (C)(i) All accessory 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; (c) When proposed on a lot adjoining native vegetation, accessory structures within a fire suppression zone must be reviewed and approved by the Fire Department; (d) Accessory buildings, by definition, do not share a common wall with the main dwelling unit structure; (e) Buildings shall not exceed one story; (f) Building height shall not exceed fourteen feet if a minimum roof pitch of 3:12 is provided or ten feet if less than a 3:12 roof pitch is provided; (g) Second dwelling units constructed above detached garages, located within a lot’s buildable area, pursuant to Section 21.10.015 (c)3(D) of this title are not subject to the one story/fourteen foot height limitation imposed on accessory structures. (ii) Habitable detached accessory structures shall comply with all requirements of the zone applicable to placement of a dwelling unit on a lot including setbacks. (iii) 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 when located within a lot’s required setback areas: (a) The maximum allowable building area per structure shall not exceed a building coverage of 440 square feet; (b) The following setbacks shall apply: A front yard setback of 20 feet, a rear yard setback of 5 feet, a side yard setback of 5 feet, and an alley setback of 5 feet; (c) The maximum plumbing drain size shall be 1 l/2 inch in diameter so as to prohibit toilets, showers, bathtubs and other similar fixtures; (d) The additional development standards listed above (a-c) shall apply to the entire subject accessory structure, not just the portion encroaching into a lot’s setback area. (iv) The provisions of this section are applicable notwithstanding the permit requirements contained in Section 18.04.015 of this code.” SECTION 12: That Title 21, Chapter 21.20, Section 21.20.080 of the 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 Carlsbad Municipal Code is amended to read as follows: “21.20.080. Accessorv Structures. (1) All accessory 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; (c) When proposed on a lot adjoining native vegetation, accessory structures within a fire suppression zone must be reviewed and approved by the Fire Department; (d) Accessory buildings, by definition, do not share a common wall with the main dwelling unit structure; (e) Buildings shall not exceed one story; (f) Building height shall not exceed fourteen feet if a minimum roof pitch of 3:12 is provided or ten feet if less than a 3:12 roof pitch is provided; (g) Second dwelling units constructed above detached garages, located within a lot’s buildable area, pursuant to Section 21.10.015 (c)3(D) of this title are not subject to the one story/fourteen foot height limitation imposed on accessory structures. (ii) Habitable detached accessory structures shall comply with all requirements of the zone applicable to placement of a dwelling unit on a lot including setbacks. (iii) 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 when located within a lot’s required setback areas: (a) The maximum allowable building area per structure shall not exceed a building coverage of 440 square feet; (b) The following setbacks shall apply: A front yard setback of 20 feet, a rear yard setback of 5 feet, a side yard setback of 5 feet, and an alley setback of 5 feet; (c) The maximum plumbing drain size shall be 1 l/2 inch in diameter so as to prohibit toilets, showers, bathtubs and other similar fixtures; (d) The additional development standards listed above (a-c) shall apply to the entire subject accessory structure, not just the portion encroaching into a lot’s setback area. (iv) The provisions of this section are applicable notwithstanding the permit requirements contained in Section 18.04.015 of this code.” SECTION 13: That Title 21, Chapter 21.22, Section 21.22.060 of the Car&bad Municipal Code is amended to read as follows: “21.22.060. Accessory Structures. (1) All accessory structures shall comply with the following 10 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 .- 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; (c) When proposed on a lot adjoining native vegetation, accessory structures within a fire suppression zone must be reviewed and approved by the Fire Department; (d) Accessory buildings, by definition, do not share a common wall with the main dwelling unit structure; (e) Buildings shall not exceed one story; (f) Building height shall not exceed fourteen feet if a minimum roof pitch of 3:12 is provided or ten feet if less than a 3:12 roof pitch is provided; (g) Second dwelling units constructed above detached garages, located within a lot’s buildable area, pursuant to Section 21.10.015 (c)3(D) of this title are not subject to the one story/fourteen foot height limitation imposed on accessory structures. (ii) Habitable detached accessory structures shall comply with all requirements of the zone applicable to placement of a dwelling unit on a lot including setbacks. (iii) 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 when located within a lot’s required setback areas: (a) The maximum allowable building area per structure shall not exceed a building coverage of 440 square feet; (b) The following setbacks shall apply: A front yard setback of 20 feet, a rear yard setback of 5 feet, a side yard setback of 5 feet, and an alley setback of 5 feet; (c) The maximum plumbing drain size shall be 1 l/2 inch in diameter so as to prohibit toilets, showers, bathtubs and other similar fixtures; (d) The additional development standards listed above (a-c) shall apply to the entire subject accessory structure, not just the portion encroaching into a lot’s setback area. (iv) The provisions of this section are applicable notwithstanding the permit requirements contained in Section 18.04.015 of this code.” SECTION 14: That Title 21, Chapter 21.24, Section 21.24.090 of the Carlsbad hqunicipal Code is amended to read as follows: “21.24.090. Accessory Structures. (1) All accessory 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 11 \ ’ 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 accessory buildings shall be not less than 10 feet; (c) When proposed on a lot adjoining native vegetation, accessory structures within a fire suppression zone must be reviewed and approved by the Fire Department; (d) Accessory buildings, by definition, do not share a common wall with the main dwelling unit structure; (e) Buildings shall not exceed one story; (f) Building height shall not exceed fourteen feet if a minimum roof pitch of 3:12 is provided or ten feet if less than a 3: 12 roof pitch is provided; (g) Second dwelling units constructed above detached garages, located within a lot’s buildable area, pursuant to Section 21.10.015 (c)3(D) of this title are not subject to the one story/fourteen foot height limitation imposed on accessory structures. (ii) Habitable detached accessory structures shall comply with all requirements of the zone applicable to placement of a dwelling unit on a lot including setbacks. (iii) 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 when located within a lot’s required setback areas: (a) The maximum allowable building area per structure shall not exceed a building coverage of 440 square feet; (b) The following setbacks shall apply: A front yard setback of 20 feet, a rear yard setback of 5 feet, a side yard setback of 5 feet, and an alley setback of 5 feet; (c) The maximum plumbing drain size shall be 1 l/2 inch in diameter so as to prohibit toilets, showers, bathtubs and other similar fixtures; (d) The additional development standards listed above (a-c) shall apply to the entire subject accessory structure, not just the portion encroaching into a lot’s setback area. (iv) 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 final approval by the California Coastal Commission, and the city clerk shall certify to the adoption of this ordinance and cause it to be published at least once in a newspaper of general circulation within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 2nd day of APRIL , 1996, and thereafter /J/l 12 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 - PASSED AND ADOPTED at a regular meeting of the City Council of the Xy of Carlsbad on the 9th day of APRIL , 1996, by the following vote, to wit: AYES: Council Members Lewis, Nygaard, Kulchin, Finnila, Hall NOES: None ABSENT: None WPROVED AS TO FORM AND LEGALITY XONALD R. BALL, City Attorney +.//.96. Al-TEST: (SEAL) 13