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HomeMy WebLinkAbout2014-02-25; City Council; 21515; Amendment City Code Ordinances Improve Definitions of 'Dwelling Unit', 'Kitchen', Add Definition 'Wet Bar'CITY OF CARLSBAD - AGENDA BILL AB# MTG. DEPT. 21.515 AMENDMENTS TO THE CITY'S CODE COMPLIANCE-RELATED ORDINANCES TO IMPROVE THE DEFINITIONS OF 'DWELUNG UNIT' AND 'KITCHEN' AND ADD A DEFINITION OF 'WET BAR' DEPT. DIRECTOR CITY ATTORNEY CITY MANAGER AB# MTG. DEPT. 2/25/14 AMENDMENTS TO THE CITY'S CODE COMPLIANCE-RELATED ORDINANCES TO IMPROVE THE DEFINITIONS OF 'DWELUNG UNIT' AND 'KITCHEN' AND ADD A DEFINITION OF 'WET BAR' DEPT. DIRECTOR CITY ATTORNEY CITY MANAGER in AB# MTG. DEPT. CED AMENDMENTS TO THE CITY'S CODE COMPLIANCE-RELATED ORDINANCES TO IMPROVE THE DEFINITIONS OF 'DWELUNG UNIT' AND 'KITCHEN' AND ADD A DEFINITION OF 'WET BAR' DEPT. DIRECTOR CITY ATTORNEY CITY MANAGER RECOMMENDED ACTION: That the City Council hold a public hearing and INTRODUCE Ordinance No. CS-243 APPROVING a Zone Code Amendment (ZCA 13-02) to amend Title 21 of the city's Municipal Code to enhance the city's code compliance efforts by improving the definitions of 'dwelling unit' and 'kitchen' and adding a definition of 'wet bar.' ITEM EXPLANATION; This project is city-initiated and consists of amendments to the text of the Zoning Ordinance (Title 21 of the city's Municipal Code). The purpose of the project is to enhance the city's code compliance efforts related to the creation of Illegal dwelling units through unpermitted improvements, including converting wet bars into kitchens. At the City Council workshop of November 12, 2013, staff presented a report to the City Council regarding code compliance efforts relative to the creation of illegal dwelling units. Based on feedback received at that workshop, staff is proposing to improve the city's definitions of 'dwelling unit' and 'kitchen' and add a definition of 'wet bar.' On January 15, 2014, the Planning Commission held a public hearing to consider the proposed amendments to the Zoning Ordinance. A complete discussion and analysis of the proposed amendments to the Zoning Ordinance Is provided in the Report to the Planning Commission dated January 15, 2014 (Exhibit 3). No members of the public spoke at the hearing and the Planning Commission voted 6-0 (Commissioner Siekmann absent) to recommend approval of the Zone Code Amendment, including modifications identified in the errata from city staff dated January 25, 2014 (Exhibit 4), as well as including modifications discussed in the Planning Commission minutes (Exhibit 5). The proposed amendments to the Zoning Ordinance that include modifications discussed in the errata and Planning Commission minutes are provided In strikethrough/underline format (Exhibit 6). Amendments to Title 21 will become effective 30 days following City Council adoption of the ordinance. Staff has determined that a Local Coastal Program Amendment Is not necessary based on a provision in DEPARTMENT CONTACT: Kevin Pointer 760-602-4620 kevin.pointer@carisbadca.gov FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED CONTINUED TO DATE SPECIFIC • DENIED • CONTINUED TO DATE UNKNOWN • CONTINUED • RETURNED TO STAFF • WITHDRAWN • OTHER-SEE MINUTES • AMENDED • Page 2 the Coastal Act [Public Resources Code Section 30005(a)] indicating that the Coastal Act does not apply to a city imposing further restrictions on land uses than established by the Coastal Act if the city's further restrictions are not in conflict with the Coastal Act. FISCAL IMPACT: The only anticipated fiscal Impact would be from staff time required to pursue code compliance with property owners In violation of the proposed regulations. ENVIRONMENTAL IMPACT: The proposed amendments are exempt from environmental review pursuant to CEQA Section 15061(b)(3), which exempts projects "where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment." The changes proposed by this project are primarily procedural in nature and are not substantial and will not significantly affect the existing development standards in the Subdivision and Zoning Ordinances; therefore, the project will not result in a significant effect on the environment. A Notice of Exemption will be filed. EXHIBITS: 1. City Council Ordinance No. CS-243 (ZCA 13-02) 2. Planning Commission Resolution No. 7029 3. Planning Commission Staff Report dated January 15, 2014 4. Errata to Planning Commission Staff Report dated January 15, 2014 5 Draft Planning Commission minutes dated January 15, 2014 6. Proposed Text Changes to the Zoning Ordinance (Title 21) Shown in Strikethrough/Underline Format. 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 1 ORDINANCE NO. CS-243 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING A ZONE CODE AMENDMENT TO AMEND THE CITY'S ZONING ORDINANCE TO IMPROVE THE DEFINITIONS OF 'DWELLING UNIT' AND 'KITCHEN' AND ADD A DEFINTION OF 'WET BAR.' CASE NAME: DWELLING DEFINITIONS CASE NO.: ZCA 13-02 The City Council of the City of Carlsbad, California, does ordain as follows: SECTION 1: That Section 21.04.120 of the Carlsbad Municipal Code Is amended to read as follows: 21.04.120 Dwelling unit. "Dwelling unit" means a single unit providing a complete, independent living facility for one or more persons including permanent provisions for living, sleeping, eating, cooking and sanitation, and having only one kitchen. For the purposes of this section, provisions for sanitation include a toilet, sink and shower or bathtub. Section 2: That Section 21.04.200 of the Carlsbad Municipal Code is amended to read as follows: 21.04.200 Kitchen. A. "Kitchen" means any room or portion of a room used or Intended or designed to be used for the preparation and storage of food and containing one or both of the following: 1 Cooking appliances or rough-in facilities for cooking appliances including, but not limited to: stoves or stovetops, built-in grills, ovens (gas or electric); microwave ovens or similar appliances. Rough-in facilities may include, but not necessarily be limited to: built-in counter tops and cabinetry, gas lines or electrical wiring. 2. A refrigerator or rough-in space for a refrigerator. Section 3: That Section 21.04.378.1 of the Carlsbad Municipal Code is added to read as follows: 21.04.378.1 Wet bar. A. "Wet bar" means an area within a dwelling unit, notwithstanding a kitchen as defined in Section 21.04.200, designed for the purpose of preparing beverages and containing a small counter top and sink with running water. For the purposes of this section, a wet bar does not contain: 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 1. Gas lines or electrical wiring exceeding 110 volts that could power cooking appliances including, but not limited to: stoves or stovetops, built-in grills, ovens (gas or electric); microwave ovens or similar appliances. 2. A refrigerator exceeding six cubic feet in capacity or rough-in space for a refrigerator exceeding six cubic feet in capacity, (the typical dimensions of which are: a. Depth of twenty-five inches; b. Height of thirty-five inches; and c. Width of twenty-five inches). 3. A sink or rough-in space for a sink with a waste line drain exceeding one and a half inches in diameter, a depth of eighteen inches or an overall size of two square feet. 4. Cabinetry or counter space exceeding eight lineal feet. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; and the city clerk shall certify the adoption of this ordinance and cause the full text of the ordinance or a summary of the ordinance prepared by the City Attorney to be published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 25th day of February 2014, and thereafter. /// /// /// /// /// /// /// /// /// 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the day of , 2014, by the following vote, to wit: AYES: NOES: ABSENT- APPROVED AS TO FORM AND LEGALITY: CELIA A. BREWER, City Attorney MATT HALL, Mayor ATTEST: BARBARA ENGLESON, City Clerk EXHIBIT 2 16 17 18 19 20 21 22 27 28 PLANNING COMMISSION RESOLUTION NO. 7029 1 2 „ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF 3 CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CODE AMENDMENT TO AMEND THE CITY'S ZONING ORDINANCE TO IMPROVE 4 THE DEFINITIONS OF 'DWELLING UNIT AND 'KITCHEN' AND ADD A DEFINITION OF 'WET BAR.' THE PROPOSED AMENDMENTS ARE EXEMPT 5 FROM ENVIRONMENTAL REVIEW PURSUANT TO CEQA SECTION 15061(B). CASE NAME: DWELUNG DEFINITIONS CASE NO: ZCA 13-02 WHEREAS, the City Planner has prepared a proposed Zone Code Amendment pursuant g to Section 21.52.020 of the Carlsbad Municipal Code to: amend the city's Zoning Ordinance to improve IQ the definitions of 'dwelling unit' and 'kitchen' and add a definition of 'wet bar;' and 11 WHEREAS, the proposed Zone Code Amendment is set forth in the draft City Council 12 Ordinance, Exhibit "X" dated January 15, 2014, and attached hereto DWELUNG DEFINITIONS-ZCA IS- IS 02; and 14 Whereas, the Planning Commission did on January 15, 2014, hold a duly noticed public 1^ hearing as prescribed by law to consider said request for a proposed Zone Code Amendment; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Zone Code Amendment. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. Findings: B) That based on the evidence presented at the public hearing, the Planning Commission 23 RECOMMENDS APPROVAL of DWELUNG DEFINITIONS - ZCA 13-02, based on the following findings: 24 25 II That the proposed Zone Code Amendment ZCA 13-02 is consistent with the General Plan in that the proposed amendments do not conflict with any goal, objective, or policy of the General Plan, and improving the city's definitions of 'dwelling unit,' 'kitchen,' and adding the definition of 'wet bar' will further the goals and objectives of the General Plan. 2. That the proposed ZCA reflects sound principles of good planning. 1 2 3 4 5 6 7 8 9 NEIL BLACK, Chairperson 10 CARLSBAD PLANNING COMMISSION PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, held on January 15, 2014, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ATTEST: 11 12 13 II DON NEU 14 City Planner 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PC RESO NO. 7029 -2- ~ ^ The City of Carlsbad Planning Division EXHIBIT 3 A REPORT TO THE PLANNING COMMISSION Item No. Application complete date: N/A P.C AGENDA OF: January 15, 2014 Project Planner: Kevin Pointer Project Engineer: N/A SUBJECT: ZCA 13-02/LCPA13-03 - DWELUNG DEFINITIONS - A request for a recommendation of approval of a Zone Code Amendment and Local Coastal Program Amendment to amend the city's Zoning Ordinance to improve the definitions of 'dwelling unit' and 'kitchen' and add a definition of 'wet bar.' The proposed amendments are exempt from environmental review pursuant to CEQA Section 15061(B). I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 7029 RECOMMENDING APPROVAL of ZCA 13-02 and LCPA 13-03 based on the findings contained therein. II. PROJECT DESCRIPTION AND BACKGROUND This project is a city-Initiated Zone Code Amendment and Local Coastal Program Amendment consisting of amendments to the text of the Zoning Ordinance (Title 21 of the city's Municipal Code) to Improve the definitions of 'dwelling unit' and 'kitchen' and add a definition of 'wet bar/ to enhance the city's code compliance efforts. At the City Council workshop of November 12, 2013, staff presented a report to the City Council regarding code compliance efforts. The report Informed the City Council of: • Statewide statistics reflecting an increase in code compliance cases in many communities. • Carlsbad's experience with an increase in complaints and nelghbor-to-neighbor disputes. • Carlsbad's experience with an increase in zoning and building use violations reported to the city, in part due to an increase in infill development. At the workshop, staff presented case studies of typical code violations including a residentially zoned lot permitted to be developed and used as a single family dwelling with an additional second dwelling unit limited to 640 square feet. Illegal improvements completed without permit Include conversion of a wet bar to a kitchen in the single family dwelling with additional interior modifications, thereby creating an additional/separate dwelling unit. Furthermore, the property owner illegally converts the garage to an additional dwelling unit. The property owner then moves off site and rents out three separate units in what was permitted as a single family dwelling and a fourth unit In what was permitted as a second dwelling unit. Multiple code violations exist in this case study, including the creation of two unpermitted dwelling units. There are several methods to enhance the city's code compliance efforts to address potential code violations such as these, including strengthening the city's code enforcement-related ordinances. This includes improving the city's land use ordinance definitions of 'dwelling unit' and 'kitchen' and adding a definition of 'wet bar.' n ZCA 13-02/LCPA 13-03 - DWELLING DEFINITIONS January 15, 2014 Page2 The proposed amendments are consistent with applicable portions of the General Plan and maintain internal consistency with the Local Coastal Program (LCP). With regard to the LCP, the Zoning Ordinance is the Implementing ordinance; therefore an LCPA is necessary. However, no portion of the LCP land use plan document Is proposed to be amended. III. ANALYSIS The proposed amendments to the Zoning Ordinance are provided in strikethrough/underline format (Attachment 2). Adding a definition of 'wet bar' will assist staff in clearly identifying wet bars and differentiating them from kitchens. Additionally, the definition of 'kitchen' Is proposed to be amended to specify a kitchen's distinguishing characteristics: provision of cooking appliances or rough-in facilities for cooking appliances; as well as a refrigerator or rough-in facilities for a refrigerator that exceeds specified dimensions. Finally, the definition of 'dwelling unit' Is amended to assist staff in Identifying specific components of a residential development that constitute a dwelling unit (i.e., kitchen instead of wet bar). The proposed amendments to the Zoning Ordinance are consistent with the General Plan and other sections of the Zoning Ordinance. IV. ENVIRONMENTAL REVIEW The proposed amendments are exempt from environmental review pursuant to CEQA Section 15061(B), which exempts projects "where it can be seen with certainty that there is no possibility that the activity In question may have a significant effect on the environment." The changes proposed by this project are primarily clarifying in nature and are not substantial and will not significantly affect the existing development standards In the Zoning Ordinance; therefore, the project will not result in a significant effect on the environment. A Notice of Exemption will be filed. ATTACHMENTS: 1. Planning Commission Resolution No. 7029 (ZCA 13-02/LCPA 13-03) 2. Proposed Text Changes to the Zoning Ordinance (Title 21) Shown in Strikethrough/Underline Format Ah err OF EXHIBIT4 ^ CARLSBAD ERRATA SHEET FOR AGENDA ITEM #4 Memorandum January 15, 2014 To: Planning Commission From: Kevin Pointer, Associate Planner Via Don Neu, City Planner Re: Errata Sheet for Agenda Item #4 - ZCA 13-02/LCPA 13-03 - DWELLING DEFINITIONS Staff is recommending that the Planning Commission include the following revisions: 1. The definition of "kitchen" in Exhibit "X," dated January 15, 2014 and attached to Planning Commission Resolution No. 7029, is modified to delete language shown as follows; with the deletion of language marked with strikethrough text and the addition of underlined text: 21.04.200 Kitchen. A. "Kitchen" means any room or portion of a room used or Intended or designed to be used forthe preparation and storage of food and containing one or both of the following: 1. Cooking appliances or rough-in facilities for cooking appliances Including, but not limited to: stoves or stovetops, built-in grills, ovens (gas or electric); microwave ovens or similar appliances. Rough-In facilities may include, but not necessarily be limited to: built-in counter tops and cabinetry, gas lines or electrical wiring. 2. A refrigerator or rough-in space for a refrigerator exceeding six cubic feet in capacity, the typical dimonsions of which might bo as follows: Ar. Depth of twenty five inches; ft; Height of thirty five inches; and Q, Width of twenty five inches. 21.04.378.1 Wet bar. A. "Wet bar" means an area within a dwelling unit, notwithstanding a kitchen as defined in Section 21.04.200, designed for the purpose of preparing beverages and containing a small counter top and sink with running water. For the purposes of this section, a wet bar does not contain: 1. Gas lines or electrical wiring exceeding 110 volts that could power cooking appliances including, but not limited to: stoves or stovetops, built-in grills, ovens (gas or electric); microwave ovens or similar appliances. 2. A refrigerator or rough-In space for a refrigerator exceeding six cubic feet in capacity, the typical or dimensions of which might be as follows: a. Depth of twenty-five inches; b. Height of thirty-five inches; and c. Width of twenty-five inches. 3. A sink or rough-In space for a sink with a waste line drain exceeding one and a half inches in diameter, a depth of eighteen inches or an overall size of two square feet. 4. Cabinetry or counter space exceeding six lineal feet. Community 8i Economic Development 1635 Faraday Ave. I Carlsbad, CA 92008 I 760-602-2710 I 760-602-8560 fax ZCA 13-02/LCPA 13-03 - DWELLING DEFINITIONS ERRATA January 15, 2014 Page 2 The aforementioned change Is recommended to address comments submitted by Jim Courtney in an email to city staff following distribution of the Planning Commission agenda packet. A copy of Mr. Courtney's email and staffs response is attached. 2. All references to the project requiring a Local Coastal Program Amendment shall be eliminated from Planning Commission Resolution No. 7029, including from Exhibit "X," dated January 15, 2014. The aforementioned change is recommended based on an opinion provided by the City Attorney's office, indicating that the project does not require a Local Coastal Program Amendment. The City Attorney's office has provided this opinion based on language in California Public Resources Code, which states that an action by the city is not subject to the Coastal Act if the city is imposing further restrictions on land uses than established by the Coastal Act; and the restrictions are not in conflict with the Coastal Act. attachments o. ^ . . „. EXHIBITS Planning Commission Minutes January 15,2014 Page 10 Commissioner Anderson asked if a 50 foot static sign would be allowed if the provision for a digital sign is removed from the motion. Ms. Mobaldi stated yes that a static sign of up to 50 feet would be allowed. Commissioner Scully stated that she could support a digital sign of up to 50 feet in height MOTION ACTION: Motion by Commissioner L'Heureux and duly seconded, that the Planning Commission adopt Planning Commission Resolutions No. 7031 and 7032 recommending approval of Specific Plan Amendment SP 19(J) and Local Coastal Program Amendment LCPA 12-01 based on the findings and subject to the conditions contained therein except the provision for a digital sign. DISCUSSION Commissioner Segall stated that he will not support the motion as he feels Car Country is the biggest revenue generator in the community. The auto dealers feel there is a need for a digital sign, the City Council has given their support of a digital sign. He does not blanketly support digital signs and he would like to see what the proposed sign will look like. VOTE: 5-1 AYES: Chairperson Black, Commissioner Anderson, Commissioner L'Heureux, Commissioner Schumacher, and Commissioner Scully NOES: Commissioner Segall ABSENT: Commissioner Siekmann ABSTAIN: None Chairperson Black closed the public hearing on Agenda Item 3, asked Mr. Neu to introduce the next item and opened the public hearing on Agenda Item 4. 4. ZCA 13-02/LCPA 13-03 - DWELLING DEFINITIONS — A request for a recommendation of approval of a Zone Code Amendment and Local Coastal Program Amendment to amend the city's Zoning Ordinance to improve the definitions of 'dwelling unit' and 'kitchen' and add a definition of 'wet bar.' The proposed amendments are exempt from environmental review pursuant to CEQA Section 15061(B). Mr. Neu introduced Agenda Item 4 and stated Associate Planner Kevin Pointer would make the staff presentation. Mr. Pointer gave a brief presentation and stated he would be available to answer any questions. Mr. Pointer also pointed out that the errata sheet has been revised and read the new proposed wording into the record. Chairperson Black acknowledged receipt of an errata sheet for the item. Commissioner Anderson asked about the limitation of 6 lineal feet of countertop for a wet bar. Mr. Pointer indicated that the city currently does not have any regulations or definitions regarding wet bars. Staff did not prepare any analysis on wet bars and what a typical length of cabinetry or counter space is; however staff feels 6 feet would be sufficient to accommodate a wet bar. If the Planning Commission felt that the proposed 6 lineal feet is not sufficient, staff is open to suggestions. Commissioner Anderson asked if staff does in fact feel that a limitation is necessary. Mr. Pointer stated that staff feels that indeed a limitation is necessary. The Commission can consider a different recommendation if they feel othenArise. Mr. Pointer further commented that staff does feel a limitation is necessary in order to enforce the city's regulations to determine when project proposals are crossing the line between a wet bar versus a full kitchen which would then trigger the determination that the portion of the residential development is not being utilized solely with the purpose of having a wet bar. Commissioner Anderson commented that it is tricky because some larger homes might have a large wet bar that is bigger than a kitchen in someone else's smaller home. Planning Commission Minutes January 15,2014 Page 11 Commissioner Segall asked for clarification regarding the errata sheet Ms. Mobaldi explained that the errata sheet originally stated "...a refrigerator or rough-in space for a refrigerator exceeding 6 feet in capacity." Ms. Mobaldi stated it is actually only the refrigerator that staff does not want to exceed 6 feet in capacity. She stated the dimensions listed will add up to more than 6 cubic feet because that is defining the rough-in space, not the actual refrigerator. Staffs recommendation is now that a wet bar not include "...a refrigerator which exceeds more than 6 feet in capacity and a rough-in space cannot be larger than that which can accommodate a refrigerator of 6 feet in capacity." She stated those are typical dimensions and the dimensions are there to help staff identify what the rough-in space should be. Mr. Pointer re-read the revised recommendation into the record. Chairperson Black asked if there were any further questions of staff. Seeing none, he asked if there were any members of the audience who wished to speak on Agenda Item 4. Seeing none. Chairperson Black opened and closed public testimony. DISCUSSION Commissioner Scully stated she has serious issues with the proposed 6 foot limitation for the wet bar. She stated 6 feet is not very long for a wet bar as it would only accommodate 2 or 3 barstools. Commissioner Scully stated she would like to see the counter space not to exceed 8 to 10 feet. Commissioner Schumacher commented that he does not disagree with Commissioner Scully's assertions about the size of the wet bar. He asked if, from a code enforcement perspective, this will help enforce code issues. Mr. Pointer stated the purpose of this project is to give the city's Code Compliance staff the tools to determine what constitutes an illegal dwelling unit Mr. Neu added that staff was mainly focused on the 6 feet with cabinetry up against a wall as you might see in a kitchen. He stated that when staff was determining the proposed counter length, because staff was working in the context of some of the illegal dwelling units and illegal kitchens, staff pictured it flush against a wall. Commissioner Scully asked if a homeowner proposing a room remodel will be limited to a wet bar of only 6 feet long. Mr. Neu stated that is correct. Commissioner Scully requested that the proposed length be increased. Commissioner Segall commented that there are some homes that should not even be considered in this definition. Mr. Neu stated that the other definitions in this proposal, such as the definition for dwelling unit and kitchen, are included. In order to create a second or a third dwelling unit, the requirements for a kitchen, bathroom and other facilities, would have to be met. Based on experiences the city has been faced with recently, staff was focused on a reasonable amount for lineal square footage for a wet bar because staff has seen proposals for wet bars in the past that are sometimes larger than most kitchens. Chairperson Black asked if it was possible to remove the phrase "single family dwelling" from the definition and only identify second dwelling units. Mr. Neu stated that the way the city's code is set-up, there has to be a definition which identifies when a project qualifies as a dwelling unit The slippery slope regarding enforcement has been areas, because of improvements completed after inspections, too easily becoming kitchens once appliances are added. Staff has headed off most of the issues with the potential utility connections, limiting the drain sizes and gas and electric lines. He stated that there is more flexibility with the length of the wet bar and it would be a great improvement over what currently exists. Commissioner Schumacher asked if there is some flexibility for the process if a resident proposed a legitimate wet bar with a 15 foot length. Mr. Neu stated the only way that could be done would be through the variance process and the project coming before the Planning Commission. Commissioner Scully commented that she does not want the legitimate homeowner who would want to construct an improvement on their house to be so constrained. Chairperson Black commented that he agrees with Commissioner Scully. Planning Commission Minutes January 15,2014 Page 12 MOTION ACTION: Motion by Commissioner Scully and duly seconded, that the Planning Commission adopt Planning Commission Resolution No. 7029 recommending approval of ZCA 13-02 and LCPA 13-03 based on the findings contained therein including the errata sheet dated January 15,2014 and as modified to include that the cabinetry or counter space be increased to 8 linear feet. VOTE: 6-0 AYES: Chairperson Black, Commissioner Anderson, Commissioner L'Heureux, Commissioner Segall, Commissioner Schumacher, and Commissioner Scully NOES: None ABSENT: Commissioner Siekmann ABSTAIN: None Chairperson Black closed the public hearing on Agenda Item 4 and thanked staff for their presentations. COMMISSION COMMENTS The Commissioners expressed their condolences to Commissioner Siekmann for the recent passing of her mother. Chairperson Black mentioned that there will be an upcoming Commission social event with more details to come soon. CITY PLANNER COMMENTS Mr. Neu commented that the annual League of California Cities Planning Commissioners Academy will be held in March. He asked if any commissioners were interested in attending to let him know by the end of the month. CITY ATTORNEY COMMENTS None. ADJOURNMENT By proper motion, the Regular Meeting of the Planning Commission of January 15, 2014, was adjourned at 9:40 p.m. DON NEU City Planner Bridget Desmarais Minutes Clerk EXHIBIT 6 DWELLING UNIT DEFINITIONS ZCA 13-02 PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) SHOWN IN STRIKETHROUGH/UNDERLINE FORMAT AMENDMENTS TO CHAPTER 21.04 DEFINITIONS Section 21.04.120 21.04.120 Dwelling unit. "Dwelling unit" means a single unit providing a complete, independent living facilitv for one or more persons including permanent provisions for living, sleeping, eating, cooking and sanitation one or more rooms in a dwelling or apartment house and designed for of^nupnnr^y hy one family for living or sleeping purposes, and having only one kitchen. For the purposes of this section, provisions for sanitation include a toilet, sink and shower or bathtub. Section 21.04.200 21.04.200 Kitchen. A "Kitchen" means any room or portion of a room used or intended or designed to be used for cooking or the preparation and storage of food and containing one or both of the following: 1 Cooking appliances or rough-in facilities for cooking appliances including. but not limited to: stoves or stovetops. built-in grills, ovens (gas or electric): microwave ovens or similar appliances. Rough-in facilities mav include, but not necessarily be limited to: built-in counter tops and cabinetry, gas lines or electrical wiring. 2. A refrigerator or rough-in space for a refrigerator. Section 21.04.200 21.04.378.1 Wet bar. A. "Wet bar" means an area within a dwelling unit, notwithstanding a kitchen as defined in Section 21.04.200. designed for the purpose of preparing beverages and containing a small counter top and sink with running water. For the purposes of this section, a wet bar does not contain: 1. Gas lines or electrical wiring exceeding 110 volts that could power cooking appliances including, but not limited to: stoves or stovetops. built-in grills, ovens (gas or electric): microwave ovens or similar appliances. DENSITY BONUS REGULATIONS (ZCA 13-01) PROPOSED TEXT CHANGES TO CARLSBAD MUNICIPAL CODE 2. A refrigerator exceeding six cubic feet In capacity or rouah-in space for a refrigerator exceeding six cubic feet In capacitv. (the tvpical dimensions of which are: a. Depth of twentv-five inches: b. Height of thirtv-five Inches: and c. Width of twentv-five inches). 3. A sink or rough-in space for a sink with a waste line drain exceeding one and a half inches in diameter, a depth of eighteen inches or an overall size of two square feet. 4. Cabinetry or counter space exceeding eight lineal feet. Page 2 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you, because your interest may be affected, 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 6:00 p.m. on Tuesday, February 25, 2014, to consider approval of a Zone Code Amendment to amend the city's Zoning Ordinance to improve the definitions of 'dwelling unit' and 'kitchen' and add a definition of 'wet bar.' The proposed amendments are exempt from environmental review pursuant to CEQA Section 15061(B).: Whereas, on January 15, 2014 the City of Carlsbad Planning Commission voted 6-0 (Siekmann absent) to recommend approval of a Zone Code Amendment to amend the city's Zoning Ordinance to improve the definitions of 'dwelling unit' and 'kitchen' and add a definition of 'wet bar.' The proposed amendments are exempt from environmental review pursuant to CEQA Section 15061(B). Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the agenda bill will be available on and after February 21,2014. If you have any questions, please contact Kevin Pointer in the Planning Division at (760) 602-4620 or kevin.pointer(%carlsbadca.gov. If you challenge the Zone Code Amendment in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad, Attn: City Clerk's Office, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, at or prior to the public hearing. CASE FILE: ZCA 13-02 CASE NAME: DWELLING DEFINITIONS PUBLISH: February 14, 2014 CITY OF CARLSBAD CITY COUNCIL PROOF OF PUBLICATION (2010 & 2011 C.C.P.) This space is for the County Clerk's Filing Stainp STATE OF CALIFORNIA County of San Diego I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years and not a party to or interested in the above-entitled matter. I am the prln^ of the printer of Proof of Publication of UT - North County Formeriy known as the North County T which newspaper has been adjudicat newspaper of general circulation by the Court of the County of San Diego, California, for the City of Oceanside and t Escondido, Court Decree numbers 1" 172171, for the County of San Diego, notice of which the annexed is a printed in type not smaller than nonpariel), \ published in each regular and entire issij newspaper and not in any supplement t^j the following dates, to-wit: February 14^^ 2014 I certify (or declare) under penalty of pe the foregoing is true and correct. NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you, because your interest may be affected, 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 6:00 p.m. on Tuesday, February 25, 2014, to consider approval of a Zone Code Amendment to amend the city's Zoning Ordinance to improve the definitions of 'dweUing unit' and 'kitchen' and add a definition of 'v^et bar.' The proposed amendments are exempt from environmental review pursuant to CEQA Section 15061(B). Whereas, on January 15, 2014 the City of Carlsbad Planning Commission voted 6-0 (Siekmann absent) to recommend approval of a Zone Code Amendment to amend the city's Zoning Ordinance to improve the definitions of 'dwelling unit' and 'kitch- en' and add a definition of 'wet bar.' The proposed amendments are exempt from environmental review pursuant to CEQA Section 15061(B). Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the agenda bill will be available on and after February 21,2014. If you have any questions, please contact Kevin Pointer in the Planning Division at (760) 602-4620 or kevin.pointer@carlsbadca.gov. If you challenge the Zone Code Amendment in court, you may be limited to rais- ing 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's Office, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, at or prior to the public hearing. CASE FILE: ZCA 13-02 CASE NAME: DWELLING DEFINITIONS PUBLISH: February 14, 2014 CITY OF CARLSBAD CITY COUNCIL Dated at Oceanside, California On This 14*, day February 2014 Jane Allshouse NORTH COUNTY TIMES Legal Advertising CARLSBAD UNIFIED SCHOOL DISTRICT 6225 EL CAMINO REAL CARLSBAD CA 92011 I ap uye ainiiaem ef f zajids^ SAN MARCOS SCHOOL DISTRICT STE 250 255 PICO AV SAN MARCOS CA 92069 ap suas^ • ENCINITAS SCHOOL DISTRICT 101 RANCHO SANTA FE RD ENCINITAS CA 92024 SAN DIEGUITO SCHOOL DISTRICT 710 ENCINITAS BLVD ENCINITAS CA 92024 LEUCADIA WASTE WATER DISTRia TIM JOCHEN 1960 LA COSTA AV CARLSBAD CA 92009 OLIVENHAIN WATER DISTRICT 1966 OLIVENHAIN RD ENCINITAS CA 92024 CITY OF ENCINITAS 505 S VULCAN AV ENCINITAS CA 92024 CITY OF SAN MARCOS 1 CIVIC CENTER DR SAN MARCOS CA 92069-2949 CITY OF OCEANSIDE 300 NORTH COAST HWY OCEANSIDE CA 92054 CITY OF VISTA 200 CIVIC CENTER DR VISTA CA 92084 VALLECITOS WATER DISTRICT 201 VALLECITOS DE ORO SAN MARCOS CA 92069 l.P.U.A. SCHOOL OF PUBLIC ADMIN AND URBAN STUDIES SAN DIEGO STATE UNIVERSITY SAN DIEGO CA 92182-4505 STATE OF CALIFORNIA DEPT OF FISH AND WILDUFE 3883 RUFFIN RD SAN DIEGO CA 92123 REGIONAL WATER QUALITY STE 100 9174 SKY PARK a SAN DIEGO CA 92123-4340 SD COUNTY PLANNING STE 310 5510 OVERLAND AV SAN DIEGO CA 92123-1239 SAN DIEGO LAFCO STE 200 9335 HAZARD WAY SAN DIEGO CA 92123 AIR POLLUTION CONTROL DISTRICT 10124 OLD GROVE RD SAN DIEGO CA 92131 SANDAG STE 800 401 B ST SAN DIEGO CA 92101 U.S. FISH & WILDUFE STE 250 2177 SALK AV CARLSBAD CA 92011 CA COASTAL COMMISSION ATTN KANANI BROWN STE 103 7575 METROPOLITAN DR SAN DIEGO CA 92108-4402 AIRPORT LAND USE COMMISSION SAN DIEGO CO. AIRPORT AUTHORITY PO BOX 82776 SAN DIEGO CA 92138-2776 CARLSBAD CHAMBER OF COMMERCE 5934 PRIESTLEY DR CARLSBAD CA 92008 BIA OF SAN DIEGO COUNTY STE 110 9201 SPECTRUM CENTER BLVD SAN DIEGO CA 92123-1407 City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 CITY OF CARLSBAD PUBUC WORKS/ENGINEERING DEPT- PROJEa ENGINEER CITY OF CARLSBAD PROJECT PLANNER MICHAEL MCSWEENEY - BIASD STE 110 9201 SPEaRUM CENTER BLVD SAN DIEGO CA 92123-1407 m.'^bpB dn-dod asodxa iad8(] p99i ^ (D09lS9lB|dwei®AjaAV asn AFFIDAVIT OF MAILING NOTICE OF PUBUC HEARING TO: CITY CLERK DATE OF PUBLIC HEARING: SUBJECT: DBRK inO(\[S LOCATION: DATE NOTICES MAILED TO PROPERTY OWNERS: _ NUMBER MAILED: c^7 I declare under penalty of perjury under the laws of the State of California that I am employed by the City of Carlsbad and the foregoing is true and correct. CITY CLERK'S OFFICE r (©ate) (Signature) A * (Bate) SENT TO FOR PUBLICATION VIA E-MAIL TO.'^S'union Tribune Morth County Times 0:>SJS^ PUBLICATION DATE: Union Tribune hforth Coun4y Times. A. I declare under penalty of perjury under the laws of the State of California that I am employed by the City of Carlsbad in the City Clerk's Office and the foregoing is true and correct. Date: ^/lo/l^ (Signature) Attachments: 1) Mailing Labels 2} Notice w/ attachments Dwelling Definitions ZCA 13-02 Kevin Pointer February 25, 2014 Project Objectives •Enhance the city’s code compliance efforts through strengthening city ordinances related to illegal dwelling units by: –Improving the definition of “dwelling unit” –Improving the definition of “kitchen” –Adding a definition of “wet bar” Definition of “dwelling unit” •Improve definition to assist staff in identifying specific components of a residential development that constitute a dwelling unit (i.e. provisions for living, sleeping, cooking/eating and sanitation). 3 Definition of “kitchen” •Improve the definition by indicating that a kitchen contains one or both of the following: –Cooking appliances or rough in facilities for cooking appliances. –A refrigerator or rough-in space for a refrigerator. 4 Definition of “wet bar” •Add definition to specify that wet bars contain a small counter top and sink with running water; and do not include: –Gas or electrical wiring that could power cooking appliances. –Refrigerators exceeding six cubic feet. –Sink or rough in space for a sink of specific size. –Cabinetry or counter space exceeding eight linear feet. 5 Recommendation •That the City Council INTRODUCE Ordinance CS-243, APPROVING a Zone Code Amendment (ZCA 13-02) to amend Title 21 of the city’s Municipal Code to enhance the city’s code compliance efforts by improving the definitions of “dwelling unit” and “kitchen” and adding a definition of “wet bar.” 6