HomeMy WebLinkAbout2003-06-24; City Council; 17221; Amending Code re: Second Dwelling UnitsAB# 17,221
MTG. 6-24-03
DEPT. CLK
DEPT. HD.
CITY ATTY.
ADOPTION OF ORDINANCE NO. NS-663
AMENDING THE CARLSBAD MUNICIPAL
CODE REGARDING SECOND DWELLING
UNITS
(ZCA 92-04( B)/LCPA 03-02) CITY MGR
RECOMMENDED ACTION:
Adopt Ordinance No. NS-663 amending Title 21 of the Carlsbad
~
Municipal Code by
amending various chapters and sections 6 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 Coast Zone to be considered as
Minor Coastal Development Permits but without a public hearing.
ITEM EXPLANATION:
Ordinance No. NS-663 was introduced and first read at the City Council meeting held on
June 17, 2003. The second reading allows the City 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. 17,204 on file with the City Clerk.
EXHIBITS:
1. Ordinance No. NS-663.
DEPARTMENT CONTACT: Janice Breitenfeld (760) 434-2927, jbrei@ci.carlsbad.ca.us
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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(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:
21.08.015 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 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.
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(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(s);
(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 Rs)
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
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(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 1) 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
u ncon s t i t u t i ona I.
SECTION 5: That Title 21, Chapter 21 .I2 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 .I6 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 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)
kdinance No. NS-663 -3-
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SECTION 7: That Title 21, Chapter 21.18 of the Carlsbad Municipal Code is amended
by the amendment of section 21 .I 8.046 to read as follows:
21 .I 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 development
standards of this zone shall apply. (Ord. NS-283 9 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 9 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 IO: 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 21.10.01 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 21.10.015 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 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)
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trellises or
arbors not
greater in
size than 4
ft. x 6 ft. x
10 ft or 4 ft.
x1Oft.x
the width of
the driveway if used over
SECTION 12: That Title 21, Chapter 21.45 of the Carlsbad Municipal Code is amended
;F, TF
iF, TF
iF, TF
;F
by the amendment of section 21.45.090 to read as follows: .
Tool Sheds, 20 feet 5 feet
Decks over 30
inches in height
Porte-cochere Must observe same Must observe
setbacks as home same setbacks as home
Room Additions, Must comply with
Other Habitable all development
Structures Standards of
Second Dwelling Must comply with
Units all development
standards of Sections 21 .I 0.015
and 21.45.070.
Section 21.45.070
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.
I Reside
Workshops
SF, TF Frontyard Arbors
Table F
:ial AdditionSlAccessory Use Standards
'rontyard Setback Sideyard Rear Yard Remarks Required
0 feet 5 feet to posts5 feet to posts Open or Building
Setback Setback Permit
with a permitted with a permitted lattice-top
2 foot overhang 2 foot overhang patio covers may
be located
within the
required private recreation
Ordinance No. NS-663 -5-
a drivewa
Addition
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SF Guest Houses Must comply with
all development
standards of
Section 21.45.070.
SF, TF Pool, Spa 20 feet
SF, TF Satellite Antenna NIA NIA NIA
5 feet for pool, 2 5 feet for pool, 2
feet for spa. feet for spa.
See (2), Residential (3). Addition
Building
NIA See 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 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. 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- 7
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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 24th day of JUNE 2003, by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Hall, Packard
NOES: None
ABSENT: Council Member Finnila
ABSTAIN: None
ATTEST:
1 LORRAINE M. WOa, City Clerk
(SEAL)
'
APPROVED AS TO FORM AND LEGALITY:
RONALD LJ4d--?*h R. BALL,
Ordinance No. NS-663 -7-