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HomeMy WebLinkAbout2003-06-17; City Council; 17204; Second Dwelling Unit OrdinanceAB# l7 204 MTG. 6-17-03 DEPT. PLN~ RECOMMENDED ACTION: TITLE: DEPT.HD. b@ ClTYAlTY. @ CITYMGR SECOND DWELLING UNIT ORDINANCE / ZCA 92-04(B)/LCPA 03-02 That the City Council INTRODUCE Ordinance No. NS-663 , APPROVING Zone Code Amendment 92-04(B) and ADOPT Resolution No. 2003-150 , APPROVING Local Coastal Program Amendment 03-02. ITEM EXPLANATION: State law (California Government Code Section 65852.2) has long required local governments to allow second dwelling units on residential lots that are developed with a single-family residence. Consistent with this State law, in 1994, the City Council adopted an amendment to the City’s Zone Code (ZCA 92-04) to allow second dwelling units to be developed within all single-family zones and multi-family zones (which are developed with single family residences) subject to the approval of a discretionary Minor Coastal Development permit and/or a discretionary Second Dwelling Unit permit by the Planning Director. On January 1, 2003, California Government Code Section 65852.2 was amended to streamline the permitting requirements for the development of second dwelling units throughout the state. The primary objective of the amended State law is to require second dwelling units to be approved ministerially or “over the counter” in most cases. A ministerial permit is a permit that is issued based upon compliance with clear development standards rather than the use of discretionary standards or judgment. A building permit is an example of a ministerial permit. Compared to a discretionary permit, a ministerial permit does not require a public hearing nor include conditions of approval. Compliance with this revised State law necessitates amendments to the City’s Zone Code. The Second Dwelling Unit provisions of the City’s Zone Code are proposed for amendment to permit Second Dwelling Units located outside of the Coastal Zone through a ministerial building permit and Second Dwelling Units located within the Coastal Zone through a building permit and a modified discretionary Minor Coastal Development permit. The modified Minor Coastal Permit would continue to require a public notice but would not require a public hearing nor allow for the appeal of the Planning Director’s decision to the Planning Commission. The City’s Zoning Ordinance is an implementing ordinance for the City’s Local Coastal Program. Accordingly, this action also includes a City Council resolution approving a Local Coastal Program 4mendment (LCPA). 3n May 21, 2003, the Planning Commission conducted a public hearing and unanimously (6-0 ahitton absent) recommended approval of ZCA 92-04(B) and LCPA 03-02. ENVIRONMENTAL: Pursuant to Section 15282(i) of the California Environmental Quality Act, the adoption of an srdinance regarding second dwelling units in a single-family or multi-family zone consistent with Section 65852.2 of the Government Code is statutorily exempt from environmental review. L\ccordingly, a Notice of Exemption will be filed by the Planning Director upon project approval. I PAGE 2 OF AGENDA BILL NO. l7 204 FISCAL IMPACT: There will be a minimal fiscal impact resulting from the expenditures of staff time required to complete the processing of documents through the Coastal Commission. EXHIBITS: 1. City Council Ordinance No. NS-663 2. City Council Resolution No. 2003-150 3. 4. 5. Planning Commission Resolutions No. 5414 and 541 5 Planning Commission Staff Report, dated May 21, 2003 Draft Excerpts of Planning Commission Minutes, dated May 21, 2003. DEPARTMENT CONTACT: Chris DeCerbo, (760) 602-461 1, cdece@ci.carlsbad.ca.us 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-663 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 ALLOW SECOND DWELLING UNITS PROPOSED OUTSIDE OF THE COASTAL ZONE TO BE CONSIDERED MINISTERIALLY WITHOUT DISCRETIONARY REVIEW OR A PUBLIC HEARING AND SECOND DWELLING UNITS PROPOSED WITHIN THE COASTAL ZONE TO BE CONSIDERED AS MINOR COASTAL DEVELOPMENT PERMITS BUT WITHOUT A PUBLIC HEARING. CASE NAME: SECOND DWELLING UNITS AMENDMENT CASE NO.: ZCA 92-04(BYLCPA 03-02 The City Council of the City of Carlsbad, California, does ordain as follows: SECTION 1: That Title 21, Chapter 21.08 of the Carlsbad Municipal Code is amended by the amendment of Section 21.08.015 to read as follows: 21.08.015 Second dwelling units Second dwelling units are permitted according to the provisions of Section 21.10.015 of this title. The development standards of this zone shall apply. (Ord. NS-283 § 4, 1994) SECTION 2: That Title 21, Chapter 21.09 of the Carlsbad Municipal Code is amended by the amendment of Section 21.09.025 to read as follows: 21.09.025 Second dwelling units. Second dwelling units are permitted according to the provisions of Section 21.10.015 of this title. The development standards of this zone shall apply. (Ord. NS-283 5 5, 1994) SECTION 3: That Title 21, Chapter 21.10 of the Carlsbad Municipal Code is amended by the amendment of Section 21 .I 0.01 5 to read as follows: 21 .I 0.01 5 Second dwelling units. (a) The public good is served when there exists in a city, housing which is appropriate for the needs of and affordable to 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-I, areas designated by a master pian for single-family detached dwellings in P-C zones and lots within multifamily zones R-2, R-3, R-P, R-T, R-W and RD-M, which are developed with single- family residences. 3 1 L 4 t c I E S 1c 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (c) Second dwelling units developed within the coastal zone require a minor coastal development permit issued according to the provisions of Section 21.201.085 of this title and a building permit. Second dwelling units developed outside of the coastal zone require a building permit. (d) The completed minor coastal development permit and/or building permit application for a second dwelling unit shall include the following information: (1) The name(s) of the owner@); (2) The address of the dwelling units; (3) The assessor’s parcel number; (4) Building elevations and a general floor plan of the second dwelling unit; (5) 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; (6) Description and location of water and sanitary (sewer) services; (7) An applicant-signed Affidavit of Compliance declaring that: (a) the second dwelling unit is not in conflict with existing conditions, covenants and restrictions (CC and R’s) applicable to the title of the subject property; (b) the property owner@) shall reside in either the main dwelling unit or the second dwelling unit unless a lessee leases both the main dwelling and the second dwelling unit; (c) the property owners agree to rent the second dwelling unit at a monthly rental rate which shall not exceed an amount equal to thirty percent of the gross monthly income of a low-income household, adjusted for household size, at eighty percent of the San Diego County median income. (e) Second dwelling units shall comply with the following: (1) 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. (2) The second dwelling unit shall have a separate entrance. (3) 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. In the coastal zone, any housing development processed pursuant to this chapter shall be consistent with all certified local coastal program provisions, with the exception of density, or as otherwise specified within this subsection. (4) 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. (5) 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. (6) 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. (7) 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 set back a minimum of twenty feet from the property line) or in the front yard setback. (8) Adequate water and sewer capacity and facilities for the second dwelling unit must be available or made available. (9) All necessary public facilities and services must be available or made available. Ordinance No. NS-663 -2- 4 I L 7 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 (IO) 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 is 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. (1 I) The total area of floor space for an attached or detached second unit shall not exceed six hundred forty square feet. (12) The second dwelling unit shall be architecturally compatible with the main dwelling unit, in terms of appearance, materials and finished quality. (13) 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. (14) The size of the lot upon which a second dwelling unit is proposed shall not be less than the minimum lot size required of the zone. SECTION 4: That Title 21, Chapter 21.10 of the Carlsbad Municipal Code is amended by the addition of section 21 .I 0.1 10 to read as follows: 21.10.1 10 Severability. If any section, subsection, sentence, clause phrase or part of this chapter is for any reason found by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this chapter, which shall be in full force and effect. The city council hereby declares that it would have adopted this chapter with each section, subsection, sentence, clause, phrase or part thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or parts be declared invalid or unconstitutional . SECTION 5: That Title 21, Chapter 21.12 of the Carlsbad Municipal Code is amended by the amendment of section 21.12.01 5 to read as follows: 21.12.015 Second dwelling units. Second dwelling units are permitted according to the provisions of Section 21.10.015'of this title on lots which are developed with detached single-family residences. The development standards of this zone shall apply. (Ord. NS-283 § 7, 1994) SECTION 6: That Title 21, Chapter 21 .I 6 of the Carlsbad Municipal Code is amended by the amendment of section 21.16.017 to read as follows: 21.16.01 7 Second dwelling units. Second dwelling units are permitted according to the provisions of Section 21.10.015 of this title on lots which are developed with detached single-family residences. The development standards of this zone shall apply. (Ord. NS-283 5 7, 1994) rdinance No. NS-663 -3- / 3 I r L 7 I 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 7: That Title 21, Chapter 21.18 of the Carlsbad Municipal Code is amendec by the amendment of section 21.1 8.046 to read as follows: 21.1 8.046 Second dwelling units. Second dwelling units are permitted according to the provisions of Section 21.10.015 of this title on lots which are developed with detached single-family residences. The developmenl standards of this zone shall apply. (Ord. NS-283 7, 1994) SECTION 8: That Title 21, Chapter 21.20 of the Carlsbad Municipal Code is amended by the amendment of section 21.20.026 to read as follows: 21.20.026 Second dwelling units. Second dwelling units are permitted according to the provisions of Section 21.10.015 of this title on lots which are developed with detached single-family residences. The development standards of this zone shall apply. (Ord. NS-283 5 7, 1994) SECTION 9: That Title 21, Chapter 21.22 of the Carlsbad Municipal Code is amended by the amendment of section 21.22.016 to read as follows: 21.22.016 Second dwelling units. Second dwelling units are permitted according to the provisions of Section 21.10.015 of this title on lots which are developed with detached single-family residences. The development standards of this zone shall apply. (Ord. NS-283 7, 1994) SECTION 10: That Title 21, Chapter 21.24 of the Carlsbad Municipal Code is amended by the amendment of section 21.24.026 to read as follows: 21.24.026 Second dwelling units. Second dwelling units are permitted according to the provisions of Section 21 .I 0.01 5 of this title on lots which are developed with detached single-family residences. The development standards of this zone shall apply. (Ord. NS-283 § 7, 1994) SECTION 11 : That Title 21, Chapter 21.38 of the Carlsbad Municipal Code is amended by the amendment of section 21.38.025 to read as follows: 21.38.025 Second dwelling units. Second dwelling units are permitted according to the provisions of Section 21 .I 0.01 5 of this title in areas designated by a master plan for single-family detached dwellings. For second dwelling units proposed on standard lots (minimum seven thousand five hundred square feet in area) which are developed with detached single-family residences, the development standards of Chapter 21.10 shall apply. For second dwelling units proposed on substandard lots (less than seven thousand five hundred square feet in area) which are developed with detached single- family residences, the development standards of Chapter 21.45 shall apply. (Ord. NS-283 § 6, 1994) Ordinance No. NS-663 -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 Type Residential Use Single-family (SF), Two-family (TF) SECTION 12: That Title 21, Chapter 21.45 of the Carlsbad Municipal Code is amended by the amendment of section 21.45.090 to read as follows: OfTYPe 0 Accessory Use Attached1 detached Patic Covers 21.45.090 Residential additions and accessory uses. !O feet - . . . . . . . . . .. .. - . . - . . . .. .- . . . . . . . . . . Setback Setback Permit 5 feet to posts5 feet to posts Open or Building with a permitted with a permitted lattice-top 2 foot overhang 2 foot overhang patio covers may be located within the required private recreation Residential Additions and Accessory Uses. Table F includes a listing of residential addition! and accessory use standards that are permitted based on the type of residential use, the typc of permit required and the required development standards. 10 feet i feet tial Additions/Accessory Use Standards :rontyard Setback bideyard IRear Yard IRemarks IRequired space. 5 feet 5 feet See (2). Residential Addition 5 feet NIA Open Building SF SF, TF Garages, Workshops Fro ntyard Arb0 rs SF, TF SF, TF Tool Sheds, 20 feet 5 feet Decks over 30 inches in height Porte-cochere Must observe same Must observe setbacks as home same setbacks Units I las home SF, TF lRoom Additions, ]Must comply with I all development standards of Sections 21.10.015 and 21.45.070. Other Habitable all development Structures IStandards of ISection 21.45.070 I SF ISecond Dwelling IMust comply with I Ordinance No. NS-663 -5- trellises or arbors not greater in size than 4 ft. x 6 ft. x 10 ft or 4 ft. x10ft.x the width of the driveway if used over feet, [ driveway. See (1). Building ddition '7 Addition I I 1 A t 1 8 5 1C 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Table F, continued Res i de n t i a I Addition slAccess o ry Use Standards SF Guest Houses Must comply with See (2), Residential all development (3). Addition standards of Section 21.45.070. SF, TF Pool, Spa 20 feet 5 feet for pool, 2 5 feet for pool, 2 Building SF, TF Satellite Antenna NIA NIA NIA NIA See feet for spa. feet for spa. Sections 21.53.140. SECTION 13: That Title 21 , Chapter 21.201 of the Carlsbad Municipal Code is amended by the amendment of section 21.201.085 to read as follows: 21.201.085 Minor Coastal Permits for Second Dwelling Units. A. The planning director may issue minor coastal permits for second dwelling units in the coastal zone which comply with the following criteria: 1. The development is consistent with Section 21.10.015 of this title and the certified local coastal program as defined in Section 301 08.6 of the Coastal Act. 2. The development has no adverse effect individually or cumulatively on coastal resources or public access to the shoreline or along the coast. B. The director shall give written notice of pending development decision after the application is complete, at least fifteen working days prior to the decision on the application as follows: 1. Contents. The notice shall include: a statement of a public comment period of at least fifteen working days sufficient to receive and consider comments submitted by mail prior to the date established for the decision. 2. Recipients. The notice shall be sent by first class mail to: a. Any person requesting to be on the mailing list for the project or for coastal b. All property owners and residents within one hundred feet of the project c. The Coastal Commission; and d. The applicant. decisions; and perimeter; and C. The Planning Director may approve, approve with conditions or deny the permit. The director’s decision shall be based upon the requirements of, and shall include specific factual findings supporting whether the project is or is not in conformity with, the certified local coastal program (and, if applicable, with the public access and recreation policies of Chapter 3 of the Coastal Act). The Planning Director’s decision shall be made in writing. The date of the decision shall be the date the writing containing the decision or determination is mailed or otherwise delivered to the person or persons affected by the decision or determination. The Planning Director shall provide a notice of final local action in accordance with Sections 21.201 .I60 and 21.201 .I70 of this code, in addition to the director’s written decision. D. Minor coastal permits for Second Dwelling Units are not appealable to the Planning Commission or City Council. Ordinance No. NS-663 -6- 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 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 a publication of general circulation in the City of Carlsbad within fifteen days after its adoption. (Not withstanding the preceding, this ordinance shall not be effective within the City’s Coastal Zone until approved by the California Coastal Commission.) INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 17th day of JUNE 2003, and thereafter. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the day of 2003, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: CLAUDE A. LEWIS, Mayor ATTEST: LORRAINE M. WOOD, City Clerk (SEAL) Ordinance No. NS-663 -7- 1 I L c f Ti E 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 follows: RESOLUTION NO. 2003-150 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A LOCAL COASTAL PROGRAM AMENDMENT TO AMEND VARIOUS CHAPTERS AND SECTIONS OF TITLE 21, THE CARLSBAD ZONE CODE, MENTS FOR SECOND DWELLING UNITS TO COMPLY WITH AMENDED STATE GOVERNMENT CODE SECTION 65852.2. CASE NAME: SECOND DWELLING UNITS ORDINANCE AND TO REVISE THE CITY'S PERMIT PROCESS REQUIRE- AMENDMENT CASE NO.: LCPA 03-02 The City Council of the City of Carlsbad, California, does hereby resolve as WHEREAS, the Planning Commission did on May 21, 2003, hold a duly noticed public hearing as prescribed by law to consider Local Coastal Program Amendment 03-02 and adopted Planning Commission Resolution No. 541 5 recommending to the City Council that it be approved; and WHEREAS, the City Council did on the 17thday of June 2003 hold a duly noticed public hearing as prescribed by law to consider the proposed amendment to the Local Coastal Program and; WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, the City Council considered all factors relating to the Local Coastal Program Amendment. The City Council of the City of Carlsbad, California does hereby resolve as follows: 1. 2. That the above recitations are true and correct. That the findings of the Planning Commission in Resolution No. 5415 constitute the findings of the City Council in this matter. 3. That the Local Coastal Program Amendment, LCPA 03-02, is approved as shown in Planning Commission Resolution No. 5415 on file with the City Clerk and incorporated herein by reference . . . .. .... IO I 1 3 I 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 City of Carlsbad on the 17th day of JUNE 2003, by the following vote, to wit: AYES: Council Members Lewis, Finnila, Kulchin, Hall, Packard NOES: None ABSENT: None AlTEST: LORRAINE M. WWD, City Clerk (SEAL) Resolution No. 2003-150 -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 EXHIBIT 3 PLANNING COMMISSION RESOLUTION NO. 5414 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CODE AMENDMENT, AMENDING VARIOUS CHAPTERS AND SECTIONS OF TITLE 21, THE CARLSBAD ZONE CODE, TO REVISE THE CITY’S PERMIT PROCESS REQUIREMENTS AND DEVELOPMENT STANDARDS FOR SECOND DWELLING UNITS TO COMPLY WITH AMENDED STATE GOVERNMENT CODE SECTION 65852.2. CASE NAME: SECOND DWELLING UNIT ORDINANCE AMENDMENT CASE NO: ZCA 92-04(B) WHEREAS; on January 1, 2003, California Government Code Section 65852.2 was amended to streamline the permit process requirements for the development of second dwelling units throughout the state; and WHEREAS, compliance with this revised State law necessitates amendments to the City’s Zone Code by July 1,2003; and WHEREAS, the proposed amendment is set forth in the draft City Council Ordinance, Exhibit “X” dated, May 21, 2003, and attached hereto SECOND DWELLING UNIT ORDINANCE AMENDMENT - ZCA 92-04(B); and WHEREAS, the Planning Commission did on the 21st day of May, 2003, 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; and NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A) That the foregoing recitations are true and correct. 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) That based on the evidence presented at the public hearing, the Commission UNIT ORDINANCE AMENDMENT, based on the following findings: RECOMMENDS APPROVAL of ZCA 92-04(B) - SECOND DWELLING Findinps : 1. 2. ... ... ... ... ... ... ... ... ... That the proposed Zone Code Amendment - ZCA 92-04(B) is consistent with the General Plan in that it will streamline the review and approval process for second dwelling units, thereby continuing to implement the associated Housing Element goal, objective and program (included below) relating to the provision of affordable housing opportunities through the implementation of the City’s Second Dwelling Unit Ordinance. A. GOAL #3 “Sufficient new affordable housing opportunities in all quadrants of the City to meet the needs of lower and moderate income households.” B. OBJECTIVE 3.11- “Reduce the size of housing, thereby reducing costs and increasing affordability.” C. PROGRAM 3.7.b. (Alternative Housing) - “The City shall continue to implement its Second Dwelling Unit Ordinance (Section 21.10.015 of the Carlsbad Municipal Code ... to assist in meeting the City’s share of housing for low and very low income households. That the proposed ZCA complies with amended Government Code Section 65852.2. in that it allows: a) second dwelling units proposed outside of the Coastal Zone to be processed through ministerial building permits without the requirement for discretionary review or a public hearing and b) second dwelling units proposed within the Coastal Zone to be processed as a Minor Coastal Development Permit without a public hearing. PC RES0 NO. 5414 -2- 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1E 15 2c 21 2; 2: 21 2! 2t 2' 21 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, held on the 21st day of May, 2003, by the following vote, to wit: AYES: Chairperson Baker, Commissioners Dominguez, Heineman, Montgomery, Segall, and White NOES: None ABSENT: Commissioner Whitton ABSTAIN: None R, Chairperson PLANNING COMMISSION ATTEST: Planning Director PC RES0 NO. 5414 -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 PLANNING COMMISSION RESOLUTION NO. 5415 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN AMENDMENT TO ALL SIX SEGMENTS OF THE CARLSBAD LOCAL COASTAL PROGRAM TO ADOPT THE CITY’S ZONE CODE AS AMENDED FOR SECOND DWELLING UNITS AS AN IMPLEMENTING ORDINANCE FOR CARSLBAD’S LOCAL COASTAL PROGRAM CASENAME: SECOND DWELLING UNIT ORDINANCE AMENDMENT CASE NO: LCPA 03-02 WHEREAS, the City is amending Title 21, the Carlsbad Zone Code, to comply with California Government Code Section 65852.2, which was amended to streamline the permit process requirements for the development of second dwelling units throughout the state; and WHEREAS, the Zoning Ordinance is the implementing ordinance for the City’s Local Coastal Program; and WHEREAS, California State law requires that the Local Coastal Program, and the Zoning Ordinance be in conformance and therefore amendments to the implementing ordinance also require an amendment to the Local Coastal Program to ensure consistency between the two doculnents; and WHEREAS, a verified application for an amendment to the Local Coastal Program has been filed with the Planning Department; and WHEREAS, said verified application constitutes a request for a Local Coastal Program Amendment as shown on Exhibits “X”, dated May 21, 2003 and attached to Resolution No. 5414 as provided in Public Resources Code Section 30574 and Article 15 of Subchapter 8, Chapter 2, Division 5.5 of Title 14 of the California Code of Regulations of the California Coastal Commission Administrative Regulations; and 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 WHEREAS, the Planning Commission did on the 21st day of May, 2003, 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 Local Coastal Program Amendment. WHEREAS, State Coastal Guidelines requires a six week public review period for any amendment to the Local Coastal Program. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad, as follows: A) That the foregoing recitations are true and correct. B) At the end of the State mandated six week review period, starting on April 17, 2003 and ending on May 30, 2003, staff shall present to the City Council a summary of the comments received. C) That based on the evidence presented at the public hearing, the Commission UNIT ORDINANCE AMENDMENT based on the following findings, and subject to the following conditions: RECOMMENDS APPROVAL of LCPA 03-02 - SECOND DWELLING Findings: 1. That the proposed Local Coastal Program Amendment meets the requirements of, and is in conformity with, the policies of Chapter 3 of the Coastal Act and all applicable policies of the Mello I, Mello 11, Agua Hedionda, Redevelopment, East Batiquitos and West Batiquitos segments of the Carlsbad Local Coastal Program, in that the Zone Code Amendment clarifies/modifies the permitting process (Minor Coastal Permit with no public hearing or local appeal rights and a building permit) for second dwelling units in the Coastal Zone and does not change the substantive review standards for second dwelling units in the Coastal Zone. Consistent with this, correspondence from the California Coastal Commission's Executive Director to local agencies (January 13, 2003) committed that these proposed procedural changes shall be approved by the California Coastal Commission as de minimis LCP amendments. 2. That the proposed amendment to the segments of the Carlsbad Local Coastal Program is required to bring it into consistency with the proposed zone code amendment. PC RES0 NO. 5415 -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 PASSED, APPROVED AND ADOPTED at a regular meeting to the Planning Commission of the City of Carlsbad, held on the 21st day of May, 2003, by the following vote, to wit: AYES: Chairperson Baker, Commissioners Dominguez, Heineman, Montgomery, Segall, and White NOES: None ABSENT: Commissioner Whitton ABSTAIN: None R, Chairperson PLANNING COMMISSION ATTEST: MICHAEL J. HOLZh7RLLER' Planning Director PC RES0 NO. 5415 -3- EXHIBIT 4 The City of Carlsbad Planning Department A REPORT TO THE PLANNING COMMISSION Item No. @ P.C. AGENDA OF: MAY 21,2003 Application complete date: N/A Project Planner: Chris DeCerbo Project Engineer: N/A SUBJECT: ZCA 92-04(B)/LCPA 03-02 - SECOND DWELLING UNIT ORDINANCE AMENDMENT - A Zone Code Amendment and Local Coastal Program Amendment to revise the City’s permit process requirements and development standards for Second Dwelling Units consistent with amended State Government Code Section 65852.2. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolutions No. 5414 and 5415 RECOMMENDING APPROVAL of ZCA 92-04(B) and LCPA 03-02 based on the findings contained therein. 11. INTRODUCTION State Government Code Section 65852.2 was recently amended to streamline the permitting requirements for the development of second dwelling units throughout the state. This Zone Code Amendment includes revisions to the City’s permit processing requirements and development standards for second dwelling units to comply with this new law. The proposed Zone Code Amendment is in compliance with State Government Code Section 65852.2, and the City’s General Plan and Local Coastal Program. There are no outstanding issues. 111. PROJECT DESCRIPTION AND BACKGROUND In 1994, the City Council adopted an amendment to the City’s Zone Code (ZCA 92-04) to allow second dwelling units to be developed within all single-family zones and multi-family zones (which are developed with single family residences) subject to the approval of a discretionary Minor Coastal Development permit andor an administrative Second Dwelling Unit permit by the Planning Director. This Zone Code Amendment was implemented to comply with State Government Code Section 65852.2; a State law (1990) requiring local jurisdictions to adopt second dwelling unit ordinances to encourage and enable the production of second dwelling units as an affordable housing alternative. On January 1, 2003, California Government Code Section 65852.2 was amended to streamline the permitting requirements for the development of second dwelling units throughout the state. Compliance with this revised State law necessitates amendments to the City’s Zone Code. The specific Government Code amendments and proposed Zone Code revisions include the following: ZCA 92-04(B)/LCPA 03-02 - SECOND DWELLING UNIT ORDINANCE AMENDMENT May 2 1,2003 Page 2 1. The amended Government Code requires local governments that have adopted second dwelling unit ordinances (as Carlsbad has) to process second dwelling unit applications received on or after July 1, 2003, as ministerial permits. A ministerial permit is a permit that is issued based upon compliance with clear development standards rather than the use of discretionary standards or judgment. A building permit is an example of a ministerial permit. Compared to a discretionary permit, a ministerial permit does not require a public hearing nor include conditions of approval. The City’s Zone Code currently requires the approval of a discretionary administrative Second Dwelling Unit permit. The Zone Code is proposed for amendment to allow second dwelling units that are proposed outside of the coastal zone to be processed through a ministerial building permit. The Zoning Ordinance is also proposed for amendment to revise all second dwelling unit development standards (which could be interpreted to be discretionary in nature) to be clear and objective ministerial standards. 2. The new law specifies that it shall not be construed to supersede or in any way alter or lessen the affect or application of the California Coastal Act, except that the local government shall not be required to hold public hearings for Coastal Development permit applications for second dwelling units. The City’s Zone Code currently requires the approval of a Second Dwelling Unit permit as well as a Minor Coastal Development permit for second dwelling units that are proposed within the coastal zone. A Minor Coastal Development permit is an administrative permit (subject to Planning Director approval) that requires public notice and allows any public notice recipient to request an administrative public hearing before the Planning Director to discuss the second dwelling unit application. The City’s Zone Code is proposed for amendment to continue to require Minor Coastal Development permits for second dwelling units but to delete the provisions that allow for a public hearing or appeal of the Director’s decision to the Planning Commission. The City’s Zone Code is also the implementing ordinance for the City’s Local Coastal Program. Accordingly, a Local Coastal Program Amendment is being processed to ensure consistency between the amended Zone Code and the City’s Local Coastal Program. IV. ANALYSIS The recommendation for approval of this Zone Code AmendmentLocal Coastal Program Amendment was developed by analyzing its compliance/consistency with: A) State Government Code Section 65852.2, B) the Carlsbad General Plan, and C) applicable Local Coastal Program policies. Reference can be made to Attachment “A” (StrikeoutEIighlight version of amended Zone Code) or Exhibit “X” to review all text revisions in detail. 19 ZCA 92-04(B)/LCPA 03-02 - SECOND DWELLING UN’IT ORDINANCE AMENDMENT May 21,2003 Government Code Section 65852.2 As discussed above, amended Government Code Section 65852.2 requires local governments to process second dwelling unit applications located outside of the Coastal Zone as ministerial permits without the requirement for discretionary review or a public hearing, and second dwelling units proposed within the Coastal Zone to be processed without a public hearing. Consistent with this requirement, the Second Dwelling Unit provisions of the Zone Code (Sections 21.10.015 and 21.201.085) are proposed for amendment to permit Second Dwelling Units located outside of the Coastal Zone through a ministerial building permit (no conditions of approval or public hearing) and Second Dwelling Units located within the Coastal Zone through a building permit and a Minor Coastal Development permit, that does not require a public hearing nor allow for the appeal of the Planning Director’s decision to the Planning Commission. Subsection 21.10.015(12) of the Zoning Ordinance is also proposed for amendment to modify the second dwelling unit standard regarding architectural compatibility so that it is clear and objective rather than discretionary in nature. Upon the advice of the City Attorney’s Office, a new Section 21.10.110, Severability, is being added to ensure that the balance of the R-1 ordinance remains valid in the event that a legal challenge results in any part of the ordinance being declared invalid or unconstitutional. A. General Plan The proposed amendment to the City’s Zone Code is consistent with the General Plan as discussed in Table 1, below. GOAL, OBJECTIVE OR PROGRAM GOAL #3 “Sufficient new affordable housing opportunities in all quadrants of the City to meet the needs of lower and moderate income households.” OBJECTIVE 3.1 1 - “Reduce the size of housing, thereby reducing costs and increasing affordability.” PROGRAM 3.7.b. (Alternative Housing) - “The City shall continue to implement its Second Dwelling Unit Ordinance (Section 2 1.10.01 5 of the Carlsbad Municipal Code . . . to assist in meeting the City’s share of housing for low and very low income households. PROPOSED AMENDMENT The proposed Zone Code amendment will streamline the review and approval process for second dwelling units, thereby continuing to implement the associated Housing Element goal, objective and program relating to the provision of affordable housing opportunities through the implementation of the City’s Second Dwelling Unit Ordinance. COMPLY Yes Yes Yes ZCA 92-04(B)/LCPA 03-02 - SECOND DWELLING UNIT ORDINANCE AMENDMENT May 2 1,2003 B. Local Coastal Propram This proposed Zone Code Amendment is consistent with the City’s Local Coastal Program. In 1996, the California Coastal Commission approved Local Coastal Program Amendment (LCPA) 95-01, which adopted the City’s Second Dwelling Unit Ordinance as implementing zoning for the Local Coastal Program (LCP) and added affordable housing policies to the City’s six LCP segments to encourage and enable the development of affordable housing (including second dwelling units) in the Coastal Zone. Consistent with State Government Code Section 65852.2, this proposed ZCA 94-02(B)/LCPA 03-02 adds a new Zone Code Section 21.201.085, Minor Coastal Permits for Second Dwelling Units, which clarifies the permitting process (Minor Coastal Permit with no public hearing or local appeal rights) for second dwelling units in the Coastal Zone. In that ZCA 92-04(B) only modifies the permit procedures for second dwelling units proposed in the Coastal Zone and does not change the substantive review standards for second dwelling units in the Coastal Zone, it is consistent with the City’s Local Coastal Program. Correspondence from the California Coastal Commission’s Executive Director to local agencies (January 13, 2003) committed that these proposed procedural changes shall be approved by the California Coastal Commission as de minimis LCP amendments. V. ENVIRONMENTAL REVIEW This project entails the modification to the City’s permit process requirements for second dwelling units (from a discretionary permit process to a ministerial permit process) in compliance with amended Government Code Section 65852.2. Pursuant to Section 15282(i) of the California Environmental Quality Act, the adoption of an ordinance regarding. second units in a single- family or multi-family residential zone consistent with Section 65852.2 of the Government Code, is statutorily exempt from environmental review. In light of the above, a Notice of Exemption will be filed by the Planning Director upon project approval. ATTACHMENTS: 1. Planning Commission Resolution No. 5414 (ZCA) 2. Planning Commission Resolution No. 5415 (LCPA) 3. Attachment “A” - boldstrikeout ordinance 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 EXHIBIT "A" MAY 21,2003 ORDINANCE NO. 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 ALLOW SECOND DWELLING UNITS PROPOSED OUTSIDE OF THE COASTAL ZONE TO BE CONSIDERED MINISTERIALLY WITHOUT DISCRETIONARY REVIEW OR A PUBLIC HEARING AND SECOND DWELLING UNITS PROPOSED WITHIN THE COASTAL ZONE TO BE CONSIDERED AS MINOR COASTAL DEVELOPMENT PERMITS BUT WITHOUT A PUBLIC HEARING. CASE NAME: SECOND DWELLING UNITS AMENDMENT CASE NO.: ZCA 92-04(B)/LCPA 03-02 The City Council of the City of Carlsbad, California, does ordain as follows: SECTION 1 : That Title 21, Chapter 21.08 of the Carlsbad Municipal Code is amended by the amendment of Section 21.08.01 5 to read as follows: .. 21.08.01 5 Second dwelling units Second dwelling units are -permitted .. .. according to the provisions of Section 21.10.015 of this title. The development standards of this zone shall apply. (Ord. NS-283 5 4, 1994) SECTION 2: That Title 21, Chapter 21.09 of the Carlsbad Municipal Code is amended by the amendment of Section 21.09.025 to read as follows: .. 21.09.025 Second dwelling units -. according to the Second dwelling units are -permitted provisions of Section 21.10.01 5 of this title. The development standards of this zone shall apply. (Ord. NS-283 9 5, 1994) .. .. SECTION 3: That Title 21, Chapter 21.10 of the Carlsbad Municipal Code is amended by the amendment of Section 21.10.015 to read as follows: .. 21.10.01 5 Second dwelling units -. (a) The public good is served when there exists in a city, housing which is appropriate for the needs of and affordable to 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-I, areas designated by a master plan for single-family detached dwellings in P-C zones and lots within multifamily zones R-2, R-3, R-P, R-T, R-W and RD-M, which are developed with single- family residences. 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 . Second dwelling units developed within the coastal zone require aR minor coastal development achm&dw ' permit issued according to the provisions of Section 21.201.085 of this title and a building permit. Second dwelling units developed outside of the coastal zone require a building permit. .. (c) .. .. (d) t?-) w - !%:mi4 *. The completed minor coastal development permit and/or building permit application for a second dwelling unit .. shall include the following information: (I)-(&! The name(s) of the owner(s); (2) 0 The address of the dwelling units; (3)w The assessor's parcel number; (4) @) Building elevations and a A general floor plan of the second dwelling unit; (5)a 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; (6) Description and location of water and sanitary (sewer) services; (7) An applicant-signed Affidavit of Compliance declaring atiw that: .. (a) the ap@wbMw +be second dwelling unit is not in conflict with existing conditions, covenants and restrictions (CC and Rs) applicable to the title of the subject property; (b) the property owner(s) shall reside in either the main dwelling unit or the second dwelling unit unless ifwldes a lessee Wbleases both the main dwelling and the second dwelling unit; (c) the property owners agree to rent the second dwelling unit at a monthly rental rate which shall not exceed an amount equal to thirty percent of the gross monthly income of a low-income household, adjusted for household size, at eighty percent of the San Diego County median income. ad -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 .. .. w€Ai#k (8e) k w -: Second dwelling units shall comply with the following feqwwwM mts#wR&: (1) 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. (2) The second dwelling unit shall have a separate entrance. o(3) 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. In the coastal zone, any housing development processed pursuant to this chapter shall be consistent with all certified local coastal program provisions, with the exception of density, or as otherwise specified within this subsection. w(4) 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. w(5) 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. o(6) 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. w(7) 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 set back a minimum of twenty feet from the property line) or in the front yard setback. w(8) Adequate water and sewer capacity and facilities for the second dwelling unit must be available or made available. M(9) All necessary public facilities and services must be available or made available. w(10) 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 is 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. &)(ll) The total area of floor space for an attached or detached second unit shall not exceed six hundred forty square feet. -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 w(12) The second dwelling unit shall be architecturally compatible with the main w(13) 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. w(14) The size of the lot upon which a second dwelling unit is proposed shall not be less than the minimum lot size required of the zone. dwelling unit, in terms of appearance, materials and finished quality .. (( 4 (Ord. NS-402 § 8, 1997; Ord. NS-283 9 3, 1994) SECTION 4: That Title 21, Chapter 21.10 of the Carlsbad Municipal Code is amended by the addition of section 21.10.1 10 to read as follows: 21.1 0.1 'to Severability. If any section, subsection, sentence, clause phrase or part of this chapter is for any reason found by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this chapter, which shall be in full force and effect. The City Council hereby declares that it would have adopted this chapter with each section, subsection, sentence, clause, phrase or part thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or parts be declared invalid or unconstitutional. SECTION 5: That Title 21, Chapter 21.12 of the Carlsbad Municipal Code is amended by the amendment of section 21.1 2.01 5 to read as follows: .. 21.12.01 5 Second dwelling units m. ' issued according to the Second dwelling units are -permitted provisions of Section 21.10.015 of this title on lots which are developed with detached single- family residences. The development standards of this zone shall apply. (Ord. NS-283 § 7, 1994) SECTION 6: That Title 21, Chapter 21.1 6 of the Carlsbad Municipal Code is amended by .. the amendment of section 21.16.017 to read as follows: .. 21.16.017 Second dwelling units -. Second dwelling units are maybepermitted ' issued according to the provisions of Section 21.10.015 of this title on lots which are developed with detached single- family residences. The development standards of this zone shall apply. (Ord. NS-283 § 7, 1994) .. a 5 -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 SECTION 7: That Title 21, Chapter 21.18 of the Carlsbad Municipal Code is amended by the amendment of section 21.18.046 to read as follows: .. 21.18.046 Second dwelling units w. * kwed according to the Second dwelling units are -permitted provisions of Section 21.10.015 of this title on lots which are developed with detached single- family residences. The development standards of this zone shall apply. (Ord. NS-283 § 7, 1994) .. SECTION 8: That Title 21, Chapter 21.20 of the Carlsbad Municipal Code is amended by the amendment of section 21.20.026 to read as follows: 21.20.026 Second dwelling units -. .. ' issued according to the Second dwelling units are mayk-permitted provisions of Section 21.10.015 of this title on lots which are developed with detached single- family residences. The development standards of this zone shall apply. (Ord. NS-283 § 7, 1994) .. SECTION 9: That Title 21, Chapter 21.22 of the Carlsbad Municipal Code is amended by the amendment of section 21.22.016 to read as follows: .. 21.22.016 Second dwelling units -. ' iswed according to the Second dwelling units are maybe-permitted provisions of Section 21.10.015 of this title on lots which are developed with detached single- family residences. The development standards of this zone shall apply. (Ord. NS-283 § 7, 1994) .. SECTION 10: That Title 21, Chapter 21.24 of the Carlsbad Municipal Code is amended by the amendment of section 21.24.026 to read as follows: .. 21.24.026 Second dwelling units -. ' kwd according to the Second dwelling units are -permitted provisions of Section 21.10.015 of this title on lots which are developed with detached single- family residences. The development standards of this zone shall apply. (Ord. NS-283 Q 7, 1994) .. SECTION 11 : That Title 21, Chapter 21.38 of the Carlsbad Municipal Code is amended by the amendment of section 21.38.025 to read as follows: .. 21.38.025 Second dwelling units -. according to the Second dwelling units are maybepermitted e provisions of Section 21.10.015 of this title in areas designated by a master plan for single- family detached dwellings. For second dwelling units proposed on standard lots (minimum seven thousand five hundred square feet in area) which are developed with detached single- family residences, the development standards of Chapter 21.10 shall apply. For second dwelling units proposed on substandard lots (less than seven thousand five hundred square .. .. dld -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 iideyard Rear Yard ietback Setback , feet to posts5 feet to feet in area) which are developed with detached single-family residences, the development standards of Chapter 21.45 shall apply. (Ord. NS-283 5 6, 1994) Remarks Required Permit postsopen or Building SECTION 12: That Title 21, Chapter 21.45 of the Carlsbad Municipal Code is 2 foot overhang 5 feet NIA amended by the amendment of section 21.45.090 to read as follows: patio covers may be located within the required private recreation space. See (2). Residential Addition Open Building trellises or arbors not greater in size than 4 ft. x 6 ft. x 10 ft Or 4 ft. x10ft.x the width of the driveway if used over 21.45.090 Residential additions and accessory uses. Residential Additions and Accessory Uses. Table F includes a listing of residential additions and accessory use standards that are permitted based on the type of residential use, the type of permit required and the required development standards. Tool Sheds, Decks over 30 Ta 20 feet ~ ~ ~~ Residential Additionsli )e oflType odfrontyard Setback I feet -. sidential Use Accessory Use igle-family Attachedl 20 feet :), Two-family detached Patio a driveway. 5 feet See (1). Building I IGarages, 120 feet dust observe ame setbacks NIA Residential Addition linches in height I IPorte-cochere IMust observe Units - I lsame setbacks as all development standards of Sections 21.10.015 and 21.45.070. I (home. IRoom Additions, IMust comply with Other Habitable all development Structures IStandards of I ]Section 21.45.070 ISecond Dwelling IMust comply with iith a permittedlwith a permittedllattice-top I ~ foot overhang 1 feet l feet IS home. Addition 1 Building -6- a7 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 SF SF, TF SF, TF Guest Houses Must comply with See (2), Residential all development (3). Addition standards of Section 21.45.070. Pool, Spa 20 feet 5 feet for5 feet forbments. Building pool, 2 feetpool, 2 feet for spa. for spa. Satellite NIA N/A NIA N/A See Antenna Sections 21.53.140, 21.45.060 SECTION 13: That Title 21, Chapter 21.201 of the Carlsbad Municipal Code is amended by the amendment of section 21.201.085 to read as follows: 21.201.085 Minor coastal permits for Second Dwelling Units. A. The planning director may issue minor coastal permits for second dwelling units in the coastal zone which comply with the following criteria: 1. The development is consistent with Section 21.10.015 of this title and the certified local coastal program as defined in Section 30108.6 of the Coastal Act. 2. The development has no adverse effect individually or cumulatively on coastal resources or public access to the shoreline or along the coast. 8. The director shall give written notice of pending development decision after the application is complete, at least fifteen working days prior to the decision on the application as follows: 1. Contents. The notice shall include: a statement of a public comment period of at least fifteen working days sufficient to receive and consider comments submitted by mail prior to the date established for the decision. 2. Recipients. The notice shall be sent by first class mail to: a. Any person requesting to be on the mailing list for the project or for b. All property owners and residents within one hundred feet of the project c. The Coastal Commission; d. The applicant. coastal decisions; and perimeter; and C. The Planning Director may approve, approve with conditions or deny the permit. The director’s decision shall be based upon the requirements of, and shall include specific factual findings supporting whether the project is or is not in conformity with, the certified local coastal program (and, if applicable, with the public access and recreation policies of Chapter 3 of the Coastal Act). The Planning Director’s decision shall be made in writing. The date of the decision shall be the date the writing containing the decision or determination is mailed or otherwise delivered to the person or persons affected by the decision or determination. The Planning Director shall provide a notice of final local action in accordance with Sections 21.201.160 and 21.201.170 of this code, in addition to the Planning Director’s written decision. -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 D. Minor coastal permits for Second Dwelling Units are not appealable to the Planning Commission or City Council. 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 a publication of general circulation in the City of Carlsbad within fifteen days after its adoption. (Not withstanding the preceding, this ordinance shall not be effective within the Cityis Coastal Zone until approved by the California Coastal Commission.) :F INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the day of 2003, and thereafter. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the day of 2003, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAl N : CLAUDE A. LEWIS, Mayor ATTEST: LORRAINE M. WOOD, City Clerk -8- t a9 Planning Commission Minutes May 21,2003 DRAFT EYJP;~ 5 4. ZCA 92-04(B)ILCPA 03-02 - SECOND DWELLING UNIT ORDINANCE AMENDMENT -A Zone Code Amendment and Local Coastal Program Amendment to revise the City’s permit process requirements and development standards for Second Dwelling Units consistent with amended State Government Code Section 65852.2. Mr. Neu introduced Item 4 and stated that Principal Planner, Chris DeCerbo, would make the presentation. Chairperson Baker opened the public hearing on Item 4. Principal Planner, Chris DeCerbo, presented the Staff Report stating that this Item is a Zone Code Amendment and a Local Coastal Program Amendment to make changes to the Sections of the City’s Zoning Ordinance that deal with second dwelling units. On January 1, 2003, the California Government Code Section 65852.2 was amended to streamline the permitting requirements for second dwelling units to promote their development. The change in State law will apply to all jurisdictions within the State. The substance of the change is a requirement to streamline the second dwelling unit permitting requirements to be consistent with the new law. To meet these requirements, the second dwelling unit provisions of the Zone Code are proposed for amendment. Second dwelling units which are located outside the Coastal Zone, would be approved through a ministerial or building permit, meaning a permit with no conditions of approval and no public hearing. The ministerial permit has very specific standards that are administered. There is no interpretation and no discretion involved in making findings for approval. The permit is reviewed and if compliant, it is approved. In the Coastal Zone there is a little modification whereby a building permit and a minor Coastal Development Permit would still be required. The minor Coastal Development Permit would not require a public hearing nor allow for an appeal of the Planning Director’s decision to the Planning Commission. permitting requirements and what that means is that consistent with the new law, the second dwelling in the provisions of the Zone Code are proposed for Amendment. To promote the second dwelling units, which are located outside of the Coastal Zone, through a ministerial or building permit, meaning a permit with no conditions of approval and no public hearing. The ministerial permit has very specific standards that are just administered. There is no interpretation and no discretion involved in making findings for approval. It is reviewed and if it is compliant, it is approved. In summary, the objective of these changes is to enable the production of second dwelling units as another form of affordable housing; make the processing requirements less problematic for applicants; and reduce the cost. The proposed Zone Code Amendment is in compliance with State Government Code Section 65852.2 and is in conformance with the General Plan and the Local Coastal Program. There are no outstanding issues and, therefore, Staff recommends approval of Zone Code Amendment 92-04(B) and Local Coastal Program Amendment 03-02. Commissioner Segall asked if this amendment precludes City review of whether these units qualify for inclusionary housing. Mr. DeCerbo replied that it does not preclude City review, adding that the inclusionary ordinance can be satisfied by a developer through the development of a second dwelling unit. If that were the proposal of the developer, it would come before the Planning Commission, and as required, it would also come before the City Council for review and approval, to determine if that was an acceptable way of meeting the affordable and inclusionary housing requirements. The details of the proposal and the specifics with respect to rent restriction and such would be included within an affordable housing agreement that is entered into between the developer and the City. Commissioner Segall asked if it would come to the Planning Commission if the Commission requested that it do so. Mr. DeCerbo explained that the mandate of the City’s Zoning Code requires projects with seven units or more to have 15% composed of inclusionary units. There are a variety of ways to satisfy that requirement, such as by a developer building his own project, purchasing credits in an existing project, or providing affordable housing in the form of second dwelling units, attached or detached, from the proposed product on the project. So the Commission would be reviewing that request. Commissioner Segall stated that this doesn’t apply to inclusionary homes, only to second dwelling units that are market rate. He said he was confused by that because he thought the purpose was to take it away from the Commission so that the City allows these to be built with less “bureaucracy” involved. But these still have to come before the Planning Commission if they are to be inclusionary. Planning Commission Minutes May 21,2003 Page 11 Ms. Mobaldi stated that there are two separate issues. One is whether a project qualifies as inclusionary housing, and the other is how a second dwelling unit is permitted. The City permits second dwelling units in all single family and all multi-family residential zones. Anyone who wants to build a second dwelling unit there will now go through this ministerial process. To satisfy the inclusionary requirement for any developments, second dwelling units must be approved by the City Council. If the inclusionary requirement is being fulfilled there must be income qualifying and rent restriction, but in terms of the actual permit for the unit, it will be ministerial. Commissioner Montgomery stated that he liked this Amendment because it gives lots of possibilities to homeowners and property owners in Carlsbad. He stated his reservations about it regarding the size of the unit being limited to 640 sq. ft. as the maximum size of a second dwelling unit. If someone wanted to build a two-bedroom secondary dwelling unit, it may be difficult to fit into 640 sq. ft. He wondered if an applicant wanted to build a two-bedroom secondary dwelling unit, could the Commission increase the 640 sq ft limitation. He asked what an applicant could do to request a larger secondary dwelling unit. Mr. DeCerbo stated that an applicant would have to ask for a standards variance to go above 640 sq. ft. because the City Code does state that restriction. That restriction was adopted in 1994, at which time it was increased from the 350 sq ft “granny-flat” unit. The 640 sq. ft. limit grew out of legislation at the time that advocated jurisdictions to increase to that number because it was perceived that that square footage would allow a one bedroom. Staff would need to analyze any proposed changes before recommending an increase of allowed square footage. Commissioner Montgomery stated that he was not suggesting that the number be revised by the Commission. He stated that he believed that an applicant would not be able to apply for a two-bedroom secondary dwelling unit. He wanted to point out that the size precludes a unit larger than a one bedroom. Ms. Mobaldi responded that State law allows them to set a maximum and a 150 sq. ft. minimum must be allowed. A standards variance can be applied for by an applicant. The law does not preclude a larger unit being built. If it fits within the criteria that the ordinance establishes, then it‘s ministerial and there is no discretion involved and it has to be allowed. State law sets a maximum of 1,200 sq ft for a secondary dwelling unit. Commissioner Montgomery asked if that would then come before the Commission. Ms. Mobaldi replied that it would. commissioner Segall asked what a layman’s definition is of a secondary dwelling unit. He asked if it wasn’t supposed to be something that is small but contiguous with the existing property. He observed that the vast majority of them are granny flats, or maid’s or nanny’s quarters. He asked if that wasn’t the spirit of this amendment. Ms. Mobaldi replied that was the spirit of it. The State law allows 1,200 sq ft or 30% of the square footage of the existing single-family unit on the parcel for such a dwelling. Chairperson Baker asked for a motion. MOTION ACT1 ON : Motion by Commissioner White, and duly seconded, that the Planning Commission adopt Planning Commission Resolutions No. 5414 and 5415 recommending approval of ZCA 92-04(B) and LCPA 03-02 based upon the findings and subject to the conditions contained therein. DISCUSSION Commissioner Dominguez wanted to address the 640 sq. ft. restriction. He stated that much like parking ordinances, the basic size of homes has gone up not down. He wondered how vulnerable a restriction will be that cuts from the State maximum just about down to 50%. He would like to suggest to the City Planning Commission Minutes May 21,2003 Page 12 Council that the 640 number be increased to 750 or 800. now is at least 1000 sq ft larger than an average home in 1985 when the granny-flat ordinance began. He noted that the average home size Chairperson Baker asked Commissioner Dominguez if he wanted to propose an Amendment to this ordinance. He stated that he did not, but that he wanted to make the City Council aware that there is a major discrepancy between what is allowed under Carlsbad’s ordinance and what is allowed under the State legislation. Ms. Mobaldi reminded the Commission that the current law also states that the City can limit the square footage to a maximum of 150 sq ft. There is a wide range under State law for these secondary dwellings. Commissioner Montgomery explained that the reason that he brought up the square footage issue was that the 640 sq ft precludes having a second bedroom and in considering the likely scenarios for a secondary dwelling, it seemed a second bedroom would likely be needed. He wasn’t suggesting, however, to increase the number to 1,200 sq. ft. Chairperson Baker stated that she did not agree that the square footage should be increased since the Commission is already losing discretionary authority with this amendment. It concerned her that second homes will be in people’s backyards, increasing not only the density, which may be fine, but increasing the visual density of a lot of neighborhoods. She would not be in favor of increasing the size of secondary dwelling units. Commissioner Heineman agreed with Chairperson Baker stating that he felt that in view of the other restrictions, 640 sq. ft. is very reasonable. He would not be in favor of increasing that limit. Commissioner White agreed with Commissioners Baker and Heineman. Chairperson Baker called for a vote. VOTE: 6-0 AYES: NOES: None Baker, Dominguez, Heineman, Montgomery, Segall, and White Chairperson Baker closed the public hearing on Item 4. PROOF OF PUBLICATION (2010 & 2011 C.C.P.) STATE OF CALIFORNIA County of San Diego This space is for the County Clerk's Filing Stamp b- 10-03 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 the principal clerk of the printer of Proof of Publication of North County Times Formerly known as the Blade-Citizen and The Times-Advocate and which newspapers have been adjudicated newspapers of general circulation by the Superior Court of the County of San Diego, State of California, for the County of San Diego, that the notice of which the annexed is a printed copy (set in type not smaller than nonpariel), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: JUNE 6,2003 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at SAN MARCOS, California This 6TH day of JUNE, 2003 JOTIC IS HERE Y GIVEN that the city Council it the Council Chkrs, 1200 Carlsbad Village >rive Carlsbad California, at 6:OO p.m. on peeday, June 17. 20 3 to consider a Zone ,ode Amendment andkcal Coastal Program lmendment to revise the Citys permit process .eauirements and develonment standards for If the &ty of Car 3B $bad will hold a public hearing second Dwelling Units corfsistent with amended state Government Code Section 65852.2. rhose persons wishing to speak on this roposal ue cordially invited to attend the mblicRearine. 2opies of tKe staf€ report will be ahilable on ani &er June 23 2003. If ou have an questions, )lease call Chris DeCeAo in the dmning De- Iartment at (760) 602-461 l, WFet: zck BQQIOELCPA- ~IuLa:B;ltcoADDwELuwQUNlTORD~CE~~ 'uBIl(YI:Jtaw(I.W Signature NORTH COUNTY TIMES Legal Advertising NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:OO p.m. on Tuesday, June 17, 2003, to consider a Zone Code Amendment and Local Coastal Program Amendment to revise the City’s permit process requirements and development standards for Second Dwelling Units consistent with amended State Government Code Section 65852.2. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the staff report will be available on and after June 13, 2003. If you have any questions, please call Chris DeCerbo in the Planning Department at (760) 602-461 1. If you challenge the Zone Code Amendment and/or Local Coastal Program 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, Attn: City Clerk, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, at or prior to the public hearing. CASE FILE: ZCA 92-04(B)/LCPA 03-02 CASE NAME: SECOND DWELLING UNIT ORDINANCE AMENDMENT PUBLISH: June 6,2003 CITY OF CARLSBAD CITY COUNCIL CARLSBAD UNlF SCHOOL DlST 801 PINEAVE CARLSBAD CA 92008 SAN MARCOS CA 92069 ENClNlTAS CA 92024 SAN MARCOS SCHOOL DIST 1 CIVIC CENTER DR ENClNlTAS SCHOOL DlST 101 RANCHO SANTA FE RD SAN DlEGUlTO SCHOOL DlST 701 ENClNlTAS BLVD 1960 LA COSTA AVE 1966 OLIVENHAIN RD ENClNlTAS CA 92024 CARLSBAD CA 92009 ENClNlTAS CA 92024 LEUCADIA CNTY WATER DlST OLIVENHAIN WATER DIST CITY OF ENClNlTAS 505 S VULCAN AVE ENClNlTAS CA 92024 CITY OF VISTA PO BOX 1988 VISTA CA 92085 CALIF DEPT OF FISH & GAME 4949 VIEWRIDGE AVE SAN DIEGO CA 92123 LAFCO 1600 PACIFIC HWY SAN DIEGO CA 92101 U.S. FISH &WILDLIFE 6010 HIDDEN VALLEY RD CARLSBAD CA 92009 CITY OF CARLSBAD PUBLIC WORKS/COMMUN ITY SERVICES CITY OF CARLSBAD PROJECT PLANNER CHRIS DECERBO CITY OF SAN MARCOS 1 CIVIC CENTER DR SAN MARCOS CA 92069-2949 VALLECITOS WATER DIST 788 SAN MARCOS BLVD SAN MARCOS CA 92069 REGIONAL WATER QUALITY STE 100 9174 SKY PARK CT SAN DIEGO CA 92123-4340 AIR POLLUTION CNTRL DlST 9150 CHESAPEAKE DR SANDIEGO CA 92123 CA COASTAL COMMISSION STE 103 7575 METROPOLITAN DR SAN DIEGO CA 92108-4402 CITY OF CARLSBAD PUBLIC WORKS/ENGINEERING DEPT CITY OF OCEANSIDE 300 NORTH COAST HWY OCEANSIDE CA 92054 I. P. U.A. SCHOOL OF PUBLIC ADMIN AND URBAN STUDIES SAN DIEGO STATE UNIVERSITY SAN DIEGO CA 92182-4505 SD COUNTY PLANNING STE B 5201 RUFFIN RD SAN DIEGO CA 92123 SANDAG STE 800 401 B STREET SAN DIEGO CA 92101 ATTN TED ANASIS SAN DIEGO COUNTY AIRPORT AUTHORITY PO BOX 82776 SAN DIEGO CA 92138-2776 CITY OF CARLSBAD MUNICIPAL WATER DISTRICT CARLSBAD CHAMBER OF COMMERCE JAN SOBEL 5934 PRIESTLY DR CARLSBAD CA 92008 CALTRANS DISTRICT 11 BILL FIGGE MAIL ST 50 P 0 BOX 85406 SAN DIEGO CA 92186-5406 U S FISH &WILDLIFE SERVICE JOHN MARTIN 6010 HIDDEN VALLEY ROAD CARLSBAD CA 92009- BUREAU OF INDIAN AFFAIRS RONALD M JAEGER 2800 COTTAGE WAY SACRAMENTO CA 95825 CHANNEL ISLANDS NATIONAL PARK SUPERINTENDENT 1901 SPINNAKER DR SAN BUENA VENTURA CA 93001 ANTHONY & DICKY BONS 25709 HILLCREST AV ESCONDIDO CA 92026-8650 REG WATER QUALITY CONTROL BD STE 100 9174 SKY PARK CT SAN DIEGO CA 92123-4340 FEDERAL AVIATION ADMIN WESTERN REG PO BOX 92007 LOSANGELES CA 90009 BARRY BRAYER, AWP-8 BUSINESS, TRANSPORTATION & HSG AGENCY PATRICIA W NEAL DEPUTY SEC HOUSING STE 2450 980 NINTH ST SACRAMENTO CA 95814 COASTAL CONSERVANCY STE 1100 1330 BROADWAY OAKLAND CA 94612 COUNCIL ON ENVIRONMENTAL QUALITY CHAl RMAN 722 JACKSON PL NW WASHINGTON DC 20006 DEPARTMENT OF DEFENSE LOS ANGELES DlST ENGINEER PO BOX 271 1 LOSANGELES CA 90053 DEPARTMENT OF ENERGY STE 400 611 RYAN PLAZA DR ARLINGTON TX 7601 1-4005 DEPARTMENT OF FISH & GAME ENVIRONMENTAL SERVICES DIV P 0 BOX 944246 SACRAMENTO CA 94244-2460 DEPARTMENT OF FORESTRY DOUG WICKIZER, ENVIR COORD P 0 BOX 944246 SACRAMENTO CA 94244-2460 DEPARTMENT OF ENERGY CLIFFORD EMMERLING, DIR STE 350 901 MARKETST SAN FRANCISCO CA 94103 DEPARTMENT OF FOOD &AGRICULTURE, STEVE SHAFFER, AGRICULTURE RESOURCES RM 100 1220 N ST SACRAMENTO CA 95814 DEPARTMENT OF HOUSING & URBAN DEVE DUNCAN LENT HOWARD, REG ADMIN 450 GOLDEN GATE AV SAN FRANCISCO CA 94102 Smooth Feed SheetsTM Use template for 5;hT - DEPARTMENT OF JUSTICE DEPUTY ATTORNEY GENERAL RM 700 110 WESTAST SAN DIEGO CA 92101 ENERGY RESOURCES, CONSERVATION & DEVELOPMENT COMM CHUCK NAJARIAN 1516 NINTH ST SACRAMENTO CA 95814 OFFICE OF PLANNING & RESEARCH OFFICE OF LOCAL GOVERNMENT AFFAIRS PO BOX 3044 SACRAMENTO CA 93044 DEPARTMENT OF TRANSPORTATION RM 5504 1120 N ST SACRAMENTO CA 95814 MARINE RESOURCES REGION, DR & G ENVIRONMENTAL SERVICES, SPR 350 GOLDEN SHORE LONGBEACH CA 90802 NATIONAL OCEANIC & ATMOSPHERIC ADMIN OCRM,55MC4 N/ORM - 3 1305 EAST-WEST HWY SILVER SPRING MD 20910 SAN FRANCISCO BAY CONSERVATION & DEVMT COMMISSION BILL TRAVIS STE 2600 50 CALIFORNIA ST SAN FRANCISCO CA 941 11-4704 STATE LANDS COMMISSION DWIGHT SANDERS STE 1005 100 HOWE AV SACRAMENTO CA 95825-8202 AVEZY.3 Shipping Labels U S BUREAU OF LAND MGMT STE RM W1834 2800 COTTAGE WAY SACRAMENTO CA 95825 Laser 5163@ Smooth Feed SheetsTM U S FISH &WILDLIFE SERVICE 2800 COTTAGE WAY STE W-2605 SACRAMENTO CA 95825-1 888 USDA - RURAL DEVELOPMENT DEPT 4169 430 "G" ST DAVIS CA 95616 CITY OF ENClNlTAS COMDEV DEPT 505 S VULCAN AV ENClNlTAS CA 92024 SANDAG-EXEC DIRECTOR GARY GALLEGOS STE 800 1ST INT'L PLAZA 401 "B" ST SAN DIEGO CA 92101 AVERW Shipping Labels U S BUREAU OF RECLAMATION 2800 COTTAGE WAY SACRAMENTO CA 95825 MID-PACIFIC REGION U S ARMY CORPS OF ENGINEERS LILY ALYEA STE 702 333 MARKET ST SAN FRANCISCO CA 94105-2197 WATER RESOURCES CONTROL BD PO BOX 100 SACRAMENTO CA 95801 TABATA FARMS PO BOX 1338 CARLSBAD CA 9201 8-1 338 Laser 5163@ Smooth Feed SheetsTM LESLIE ESPOSITO 1893 AMELFI DR ENClNlTAS CA 92024 LAKESHORE GARDENS TOM BENSON 7201 AVENIDA ENCINAS CARLSBAD CA 92009 JOHN LAMB 1446 DEVLIN DR LOSANGELES CA 90069 SAN DIEGO GAS & ELECTRIC KIM BLESSANT 101 ASH STREET SAN DIEGO CA 92101- COUNTY OF SD SUPERVISOR BILL HORN ART DANELL RM 335 1600 PACIFIC HIGHWAY SAN DIEGO CA 92101 CYRIUMARY GIBSON 121 42 ARGYLE DR LOSALAMITOS CA 90702 LANlKAl LANE PARK SHARP SPACE3 6550 PONTO DRIVE CARLSBAD CA 92008 STATE LANDS COMMISSION MARY GRIGGS STE 100 S 100 HOWE AV SACRAMENTO CA 95825-8202 PERRY A LAMB 890 MERE POINT RD BRUNSWICK ME 04011 Laser 5163@ Smooth Feed SheetsTM S D CO PLANNING & LAND USE DEPT JAON VOKAC 5201 RUFFIN ROAD SAN DIEGO CA 92123 STE 8-5 COASTAL CONSERVANCY RICHARD RETECKI STE 1100 1330 BROADWAY OAKLAND CA 94612 DALE/DONNA SCHREIBER 7163 ARGONAUTA WAY CARLSBAD CA 92009 CALIFORNIA RESOURCES AGENCIES STE 1311 1416 9TH ST SACRAMENTO CA 95814 AvER~~F Shipping Labels CRA PRESIDENT LEE ANDERSON 5200 EL CAMINO REAL CARLSBAD CA 92008 FLOYD ASHBY 416 LA COSTA AV ENClNlTAS CA 92024 GEORGE BOLTON 6583 BLACKRAIL RD CARLSBAD CA 92009 SANDAG-LAND USE COMMISS NAN VALERIO STE 800 401 "B" STREET SAN DIEGO CA 92101 Laser 5163@