Loading...
HomeMy WebLinkAbout2017-09-12; City Council; ; Amend the city's regulations for second dwelling units consistent with the changes to California Government Code Section 65852.2 made by Assembly Bill 2299 and Senate Bill 1069CA Review f'lt(__ @ CI TY COUNCIL Staff Report Meeting Date: To: From: Staff Contact: Subject: Project Name: Project No.: August 22, 2017 Mayor and City Council Kevin Crawford, City Manager Corey Funk, Associate Planner corey.funk@carlsbadca.gov or 760-434-4645 Amend the city's regulations for second dwelling units consistent with the changes to California Government Code Section 65852.2 made by Assembly Bill 2299 and Senate Bill 1069. SECOND DWELLING UNIT CODE AMENDMENT MCA 17-0003/ZCA 2016-0001/LCPA 2016-0001 (PUB16Y-0002) Recommended Action Hold a public hearing and introduce an ordinance approving an amendment to the Carlsbad Municipal Code (MCA 17-0003), Zoning Code (ZCA 2016-0001) and Local Coastal Program (LCPA 2016-0001). Executive· Sum ma ry This project is a city-initiated amendment to the Carlsbad Municipal Code, Zoning Code and Local Coastal Program. The Zoning Code is a component of the city's Local Coastal Program, and therefore, an amendment to the Zoning Code also constitutes an amendment of the Local Coastal Program. The purpose of the amendments is to make the city's regulation of second dwelling units ("accessory dwelling units" as proposed) consistent with the changes to Government Code Section 65852.2 made by Assembly Bill 2299 (Bloom) and Senate Bill 1069 (Wieckowski). Discussion In September 2016, Governor Brown signed AB 2299 (Bloom) and SB 1069 (Wieckowski) into law, amending state laws with respect to second dwelling units/accessory dwelling units (California Government Code Section 65852.2). The new state law is intended to ease restrictions on accessory dwelling units to help address the shortage of affordable housing. The law went into effect on January 1, 2017, and local agencies are to follow state regulations for accessory dwelling units until a new ordinance is adopted by the local agency that complies with the mandatory provisions of the law. Government Code Section 65852.2, as amended, contains mandatory provisions that local agencies must implement, and also contains areas of local agency discretion. The substantive changes to Carlsbad's regulations which are proposed in order to achieve compliance with state law cover the following topic areas (for a more detailed description and analysis of the proposed changes, please refer to the Planning Commission staff report, attached as Exhibit 3): Page 155 #10 • Timing for Accessory Dwelling Unit approvals • Types of Accessory Dwelling Units • Parking requirements and exemptions • Development standards (setbacks, maximum unit size, etc.) • Fire sprinklers • Utility fees • Occupancy In addition to complying with state law, the proposed amendment is supportive of the Carlsbad Community Vision which, as part of the core value of "high quality education and community services," envisions a community that "enhances the availability of high quality housing for all income levels," and where the "housing supply will match the diverse population and workforce needs, essential to a sustainable economic future". The proposed amendment was originally scheduled for a public hearing with the Planning Commission on June 21, 2017. However, due to a full agenda, the commission did not have time to hear the item on June 21st and voted to continue the item to July 19, 2017. On July 19th, the commission conducted a public hearing, considered the proposed amendments, and voted to recommend approval (5-0-2, with Commissioners Rodman and Siekmann absent) of the Zoning Ordinance/Local Coastal Program amendment as drafted by staff. One individual, Brooks Worthing, spoke in regard to the item at the June 21st meeting (there was no public comment on the item at the July 19th hearing). Mr. Worthing encouraged the city to consider increasing the maximum size limitation for accessory dwelling units. State law limits accessory dwelling units to a maximum of 1,200 square feet, but allows local agencies to establish a smalle_r maximum size limitation. Carlsbad's existing regulations limit accessory dwelling units to 640 square feet and, as described in Exhibit 3, the draft amendment does not propose to increase the existing 640 square feet limitation. In addition to the Zoning Ordinance/Local Coastal Program amendment, which the Planning Commission recommends approval of, the proposed amendments also include an amendment to Carlsbad Municipal Code Title 20 (Subdivision Ordinance). The proposed Title 20 amendment consists of replacing the term "second dwelling unit" with the term "accessory dwelling unit" to be consistent with the terminology used in state law. The Planning Commission does not have authority over Title 20; therefore, the commission's recommendation does not pertain to that component of the proposed amendments. Amendments to Title 20 are submitted directly to the City Council for consideration and decision. Fiscal Analysis There is no anticipated fiscal impact. Next Steps Staff will submit an application for a Local Coastal Program amendment to the California Coastal Commission following City Council approval of the Zoning Ordinance/Local Coastal Program amendment (ZCA 2016-0001/LCPA 2016-0001). Within the coastal zone, the amendments will not become effective until the California Coastal Commission approves the Local Coastal Program amendment (LCPA 2016-0001). Page 156 Outside the coastal zone, this ordinance shall be effective thirty days after its adoption by the City Council. Environmental Evaluation (CEQA) The City Planner has determined that this project is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 21080.17 of the Public Resources Code and Section 15282{h) of the CEQA Guidelines, in that Division 13 of the Public Resources Code {CEQA) does not apply to the adoption of an ordinance by a city or county to implement the provisions of Section 65852.1 or Section 65852.2 of the Government Code. The proposed amendment implements changes to Section 65852.2 of the Government Code made by Assembly Bill 2299 {Bloom) and Senate Bill 1069 {Wieckowski). A notice of exemption will be filed. Public Notification This amendment has been posted online since May 30, 2017. In addition, a six-week public review period for the Local Coastal Program Amendment began on June 2, 2017 and ended on July 21, 2017. Information regarding public notifications of this item such as mailings, public hearing notices posted in the newspaper and on the city website are available in the Office of the City Clerk. Exhibits 1. City Council Ordinance 2. Planning Commission Resolution No. 7254 3. Planning Commission Staff Report dated July 19, 2017 4. Planning Commission Minutes dated July 19, 2017 5. Planning Commission Minutes dated June 21, 2017 Page 157 ORDINANCE NO. CS-324 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING THE CITY'S REGULATION OF SECOND DWELLING UNITS (NOW KNOWN AS ACCESSORY DWELLING UNITS) CONSISTENT WITH CHANGES TO GOVERNMENT CODE SECTION 65852.2 MADE BY ASSEMBLY BILL 2299 (BLOOM) AND SENATE BILL 1069 (WIECKOWSKI). CASE NAME: SECOND DWELLING UNIT CODE AMENDMENT CASE NO.: MCA 17-0003/ZCA 2016-0001/LCPA 2016-0001 (PUB16Y-0002) EXHIBIT 1 WHEREAS, the Carlsbad Zoning Ordinance is the implementing ordinance of the Carlsbad Local Coastal Program, and therefore, an amendment to the Zoning Ordinance also constitutes an amendment to the Local Coastal Program; and WHEREAS, the City Planner has prepared a Zoning Code Amendment ZCA 2016-0001 and Local Coastal Program Amendment LCPA 2016-0001 pursuant to Section 21.52.020 of the Carlsbad Municipal Code, Section 30514 of the Public Resources Code, and Section 13551 of California Code of Regulations Title 14, Division 5, and a Municipal Code Amendment MCA 17-0003, to amend Section 21.10.030 of the Carlsbad Municipal Code as necessary to comply with the mandatory provisions of Assembly Bill 2299 (Bloom) and Senate Bill 1069 (Wieckowski); and WHEREAS, pursuant to California Coastal Commission Regulations, a six-week public review period for the Local Coastal Program Amendment began on June 2, 2017 and ended on July 21, 2017; and WHEREAS, on July 19, 2017, the Planning Commission held a duly noticed public hearing as prescribed by law to consider ZCA 2016-0001/LCPA 2016-0001; and WHEREAS, the Planning Commission adopted Planning Commission Resolution No. 7254 recommending to the City Council that ZCA 2016-0001/LCPA 2016-0001 be approved; and WHEREAS, the City Council of the City of Carlsbad held a duly noticed public hearing as prescribed by law to consider the MCA 17-0003/ZCA 2016-0001/LCPA 2016-0001; 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, including written public comments, if any, related to MCA 17-0003/ZCA 2016-0001/LCPA 2016-0001; and WHEREAS, the findings of the Planning Commission in Resolution No. 7254 constitute the findings of the City Council in this matter. Page 1 of 30 NOW, THEREFORE, the City Council of the City of Carlsbad, California, ordains as follows that: 1. That the above recitations are true and correct. 2. That throughout Title 20 and Title 21 of the Carlsbad Municipal Code, the term second dwelling unit is replaced with the term accessory dwelling unit, and the term second dwelling units is replaced with the term accessory dwelling units. 3. That section 21.04.121 is added to the Carlsbad Municipal Code as follows: 21.04.121 Dwelling unit, accessory A. Accessory dwelling unit means a residential dwelling unit that is all of the following: 1. Located on a lot zoned for residential use, and the lot contains a single one-family dwelling and no other dwelling; and 2. Either detached from or attached to a one-family dwelling, or converted from the existing space of a one-family dwelling or accessory structure; and 3. A dwelling that provides complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. B. If consistent with subsection A of this definition, the following may be considered an accessory dwelling unit: 1. An efficiency unit, as defined in Section 17958.1 of California Health and Safety Code. 2. A manufactured home, as defined in Section 18007 of California Health and Safety Code. 4. That section 21.04.303 of the Carlsbad Municipal Code is deleted, and throughout Title 21 of the Carlsbad Municipal Code, section references to 21.04.303 are replaced by section references to 21.04.121. 5. That section 21.08.060 of the Carlsbad Municipal Code is amended as follows: 21.08.060 Placement of buildings. A. Placement of buildings on any lot shall conform to the following: 1. Interior Lots. a. No building shall occupy any portion of a required yard; b. Any building, any portion of which is used for human habitation, shall observe a distance from any side lot line the equivalent of the required side yard on such lot and from the rear property Page 2 of 30 Page 159 line the equivalent of twice the required side yard on such lot, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030; c. The distance between buildings used for human habitation and between buildings used for human habitation and accessory buildings shall not be less than ten feet; d. All accessory structures shall comply with the following development standards: i. The lot coverage shall include accessory structures in the lot coverage calculations for the lot, ii. The distance between buildings used for human habitation and accessory buildings shall be not less than ten feet, iii. When proposed on a lot adjoining native vegetation, accessory structures within a fire suppression zone must be reviewed and approved by the fire department, iv. Accessory buildings, by definition, do not share a common wall with the main dwelling unit structure, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030, v. Buildings shall not exceed one story, vi. Building height shall not exceed fourteen feet if a minimum roof pitch of 3:12 is provided or ten feet if less than a 3:12 roof pitch is provided; e. Accessory dwelling units constructed above detached garages, pursuant to Section 21.10.030 are not subject to the one-story/fourteen-foot height limitation imposed on accessory structures; f. Habitable detached accessory structures shall comply with all requirements of the zone applicable to placement of a dwelling unit on a lot including setbacks, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030; g. Detached accessory structures which are not dwelling units and contain no habitable space, including, but not limited to, garages, workshops, tool sheds, decks over thirty inches above grade and freestanding patio covers shall comply with the following additional development standards when located within a lot's required setback areas: i. The maximum allowable building area per structure shall not exceed a building coverage of four hundred forty square feet, Page 3 of 30 Page 160 ii. The following setbacks shall apply: a front yard setback of twenty feet, a rear yard setback of five feet, a side yard setback of five feet and an alley setback of five feet, iii. The maximum plumbing drain size shall be one and one-half inches in diameter so as to prohibit toilets, showers, bathtubs and other similar fixtures, iv. The additional development standards listed above (subsections (A)(l)(g)(i) through (iii) of this section) shall apply to the entire subject accessory structure, not just the portion encroaching into a lot's setback area; and h. The provisions of this section are applicable notwithstanding the permit requirements contained in Section 18.04.015. 2. Corner Lots and Reversed Corner Lots. a. No building shall occupy any portion of a required yard; b. The distance between buildings used for human habitation and between buildings used for human habitation and accessory buildings shall not be less than ten feet; c. Any building, any portion of which is used for human habitation, shall observe a distance from the rear property line the equivalent of twice the required interior side yard on such lot, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030; d. All accessory structures shall comply with the following development standards: i. The lot coverage shall include accessory structures in the lot coverage calculations for the lot, ii. The distance between buildings used for human habitation and accessory buildings shall be not less than ten feet, iii. When proposed on a lot adjoining native vegetation, accessory structures within a fire suppression zone must be reviewed and approved by the fire department, iv. Accessory buildings, by definition, do not share a common wall with the main dwelling unit structure, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030, v. Buildings shall not exceed one story, vi. Building height shall not exceed fourteen feet if a minimum roof pitch of 3:12 is provided or ten feet if less than a 3:12 roof pitch is provided; Page 4 of 30 Page 161 e. Accessory dwelling units constructed above detached garages, pursuant to Section 21.10.030 are not subject to the one-story/fourteen-foot height limitation imposed on accessory structures; f. Habitable detached accessory structures shall comply with all requirements of the zone applicable to placement of a dwelling unit on a lot including setbacks, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030; g. Detached accessory structures which are not dwelling units and contain no habitable space, including, but not limited to, garages, workshops, tool sheds, decks over thirty inches above grade and freestanding patio covers shall comply with the following additional development standards when located within a lot's required setback areas: i. The maximum allowable building area per structure shall not exceed a building coverage of four hundred forty square feet, ii. The following setbacks shall apply: a front yard setback of twenty feet, a rear yard setback of five feet, a side yard setback of five feet and an alley setback of five feet, iii. The maximum plumbing drain size shall be one and one-half inches in diameter so as to prohibit toilets, showers, bathtubs and other similar fixtures, iv. The additional development standards listed above (subsections (A)(2)(g)(i) through (iii) of this section) shall apply to the entire subject accessory structure, not just the portion encroaching into a lot's setback area; and h. The provisions of this section are applicable notwithstanding the permit requirements contained in Section 18.04.015. 6. That the second dwelling units use listed within Table A of section 21.09.020 of the Carlsbad Municipal Code is amended as follows: Use p CUP Ace Accessory dwelling units (subject to Section 21.10.030) X 7. That section 21.09.100 of the Carlsbad Municipal Code is amended as follows: 21.09.100 Placement of buildings. Placement of buildings on any lot shall conform to the following: (1) Except as permitted by Sections 21.09.080 and 21.09.090, no building shall occupy any portion of a required yard. Page 5 of 30 Page 162 (2) Any building, any portion of which is used for human habitation, shall observe a distance from any rear property line the equivalent of twice the required interior side yard, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030. (3) The distance between buildings used for human habitation and detached accessory buildings shall not be less than ten feet. (4) The keeping of all domestic animals provided for in this chapter shall conform to all other provisions of law governing the same, and no pen, coop, stable or barn shall be erected within forty feet of any building used for human habitation or within twenty-five feet of any property line. (5) A building permit for a dwelling unit to be located further than five hundred feet from a fire hydrant shall not be issued without the approval of the fire chief. The fire chief may require the installation of additional safety equipment, including fire hydrants or stand pipes, as a condition of such approval. 8. That the list of sections for chapter 21.10 of the Carlsbad Municipal Code is amended as follows: Sections: 21.10.010 Intent and purpose 21.10.020 Permitted uses 21.10.030 Accessory dwelling units 21.10.040 Home occupations 21.10.050 Building height 21.10.060 Front yard 21.10.070 Side yards 21.10.080 Placement of buildings 21.10.090 Minimum lot area 21.10.100 Lot width 21.10.110 Lot coverage 21.10.120 Development standards 21.10.125 Farmworker housing complex standards 21.10.130 Severability Page 6 of 30 Page 163 9. That section 21.10.030 of the Carlsbad Municipal Code is amended as follows: 21.10.030 Accessory 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 accessory dwelling units. B. The provisions of this section shall apply only to lots that: 1. Are zoned for residential use (where residential use is the primary intended use of the zone); and 2. Contain, or are proposed to contain, a single one-family dwelling (primary dwelling) and no other dwellings exists on the lot. C. Permit requirements. 1. Accessory dwelling units developed within the coastal zone are subject to the permit requirements of Chapter 21.201 and require a building permit. 2. Accessory dwelling units outside ofthe coastal zone require a building permit. 3. The completed application for an accessory dwelling unit shall include the following information: a. The name(s) of the owner(s); b. The address ofthe dwelling units; c. The assessor's parcel number; d. Building elevations and a general floor plan of the accessory dwelling unit; e. A scaled drawing showing the lot dimensions, the location of the primary and accessory dwelling unit, location of all vehicular parking and the total square footage of both units; f. Description and location of water and sanitary (sewer) services; and Page 7 of 30 Page 164 g. An owner signed and notarized a notice of restriction, to be recorded against the property, declaring that: i. The property owner(s) shall reside in either the primary dwelling unit or the accessory dwelling unit, unless a lessee leases both the primary dwelling and the accessory dwelling unit; and ii. The obligations and restrictions imposed on the accessory dwelling unit per this chapter are binding on all present and future property owners. 4. All applications for accessory dwelling units shall be acted on ministerially, without discretionary review or a hearing (notwithstanding concurrent applications such as a variance or special use permit), within 120 days after submittal of the permit application. 5. Notwithstanding the requirements of subsection D of this section, a building permit application for an accessory dwelling unit shall be approved ministerially, and no new or separate utility connection shall be required between the accessory dwelling unit and the utility, and no related utility connection fee or capacity charge shall be required, if: a. The accessory dwelling unit is converted from the existing space of the primary dwelling unit or an accessory structure (this applies only to primary dwellings and accessory structures that existed on the lot at the time of application submittal); and b. The accessory dwelling unit has independent exterior access from the primary dwelling; and c. Side and rear setbacks are sufficient for fire safety. 6. No other local ordinance, policy, or regulation shall be the basis for the denial of a building permit or minor coastal development permit under this section. D. Requirements for accessory dwelling units. 1. An accessory dwelling unit shall only be permitted on a lot that: a) is zoned for residential use (where residential use is the primary intended use of the zone), and b) contains a single one-family dwelling (primary dwelling) and no other dwelling exists on the lot (if no primary dwelling Page 8 of 30 Page 165 exists, a primary one-family dwelling shall be constructed prior to or concurrent with the accessory dwelling unit). 2. The accessory dwelling unit shall be located on the same lot as the primary dwelling unit and may be detached, attached or converted from the existing space of the primary dwelling unit or an accessory structure. 3. The total area of floor space for a detached accessory dwelling unit shall not exceed six hundred forty square feet. For accessory dwelling units that are attached or converted from the existing space of the primary dwelling unit or an accessory structure, the total area of floor space shall not exceed fifty percent of the living area of the primary dwelling unit, up to six hundred forty square feet. 4. The accessory dwelling unit must meet the setback, lot coverage and other development standards applicable to the zone which are not addressed within this section. In the coastal zone, accessory dwelling units shall be consistent with all certified local coastal program provisions, with the exception of density, or as otherwise specified within this section. 5. Attached accessory dwelling units shall conform to the height limits applicable to the zone and detached accessory dwelling units shall be limited to one story, except that accessory dwelling units constructed above detached garages shall be permitted and shall conform to the height limits applicable to the zone. 6. No setback shall be required for an existing garage that is converted to an accessory dwelling unit, and a setback of no more than five feet from the side and rear lot lines shall be required for an accessory dwelling unit that is constructed above a garage that existed prior to January 1, 2017. 7. The accessory dwelling unit shall have an exterior access that is independent from the exterior access to the primary dwelling. 8. A pathway from the street to the entrance of an accessory dwelling unit shall not be required. Page 9 of 30 Page 166 9. The accessory dwelling unit shall be architecturally compatible with the main dwelling unit, in terms of appearance, materials and finished quality. 10. Parking for the primary dwelling unit and the accessory dwelling unit shall be provided pursuant to Chapter 21.44 of this title, except as follows: a. An existing parking structure, including a garage, may be converted to an accessory dwelling unit or demolished in conjunction with the construction of an accessory dwelling unit. Any loss of required parking for the primary dwelling shall be replaced; the replacement spaces are not required to be provided in a garage and may be located in any configuration on the lot, including but not limited to covered, uncovered or tandem spaces, or by the use of mechanical automobile parking lifts. b. Parking for an accessory dwelling unit shall not be required in the following instances: i. The accessory dwelling unit is proposed to be converted from the existing space of the primary dwelling unit or an accessory structure. ii. The location of the proposed accessory dwelling unit is within one-half mile of a major transit stop as defined in the California Public Resources Code (subdivision (b) of Section 21155). iii. The location of the proposed accessory dwelling unit is within one block of a designated car share pick up and drop off location. iv. The location of the proposed accessory dwelling unit is within an architecturally and historically significant historic district. v. When on-street parking permits are required but not offered to the occupant of the proposed accessory dwelling. 11. Adequate water and sewer capacity and facilities for the accessory dwelling unit must be available or made available. Accessory dwelling units shall not be considered new residential uses for the purposes of calculating connection fees or capacity charges for utilities. Any utility connection fee or charge shall be proportionate to the burden of the proposed accessory dwelling unit upon the Page 10 of 30 Page 167 water or sewer system; and the fee or charge shall not exceed the reasonable cost of providing the service. 12. All necessary public facilities and services must be available or made available. 13. Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary dwelling unit. 14. Carlsbad building code requirements that apply to detached one-family dwellings shall apply to accessory dwelling units as appropriate. 15. The accessory 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 accessory 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. 16. An accessory dwelling unit: a. Shall be considered a residential accessory use or accessory structure that is consistent with the general plan or zoning designations for the lot; b. Shall not be considered a dwelling unit when implementing general plan residential density policies; and c. Shall not be considered a dwelling unit when implementing the dwelling unit limitations established by Proposition E enacted by Carlsbad voters on November 4, 1986. 17. Accessory dwelling units intended to satisfy an inclusionary requirement shall comply with the requirements of Chapter 21.85, including but not limited to the applicable rental rates and income limit standards. 10. That section 21.10.080 of the Carlsbad Municipal Code is amended as follows: 21.10.080 Placement of buildings. A. Placement of buildings on any lot shall conform to the following: Page 11 of 30 Page 168 1. Interior Lots. a. No building shall occupy any portion of a required yard; b. Any building, any portion of which is used for human habitation, shall observe a distance from any side lot line the equivalent of the required side yard and from the rear property line the equivalent of twice the required side yard on such lot, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030; c. The distance between buildings used for human habitation and between buildings used for human habitation and accessory buildings shall be not less than ten feet; d. All accessory structures shall comply with the following development standards: i. The lot coverage shall include accessory structures in the lot coverage calculations for the lot, ii. The distance between buildings used for human habitation and accessory buildings shall be not less than ten feet, iii. When proposed on a lot adjoining native vegetation, accessory structures within a fire suppression zone must be reviewed and approved by the fire department, iv. Accessory buildings, by definition, do not share a common wall with the main dwelling unit structure, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030, v. Buildings shall not exceed one story, vi. Building height shall not exceed fourteen feet if a minimum roof pitch of 3:12 is provided or ten feet if less than a 3:12 roof pitch is provided; e. Accessory dwelling units constructed above detached garages, pursuant to Section 21.10.030 are not subject to the one-story/fourteen-foot height limitation imposed on accessory structures; Page 12 of 30 Page 169 f. Habitable detached accessory structures shall comply with all requirements of the zone applicable to placement of a dwelling unit on a lot including setbacks, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030; g. Detached accessory structures which are not dwelling units and contain no habitable space, including, but not limited to, garages, workshops, tool sheds, decks over thirty inches above grade and freestanding patio covers shall comply with the following additional development standards when located within a lot's required setback areas: i. The maximum allowable building area per structure shall not exceed a building coverage of four hundred forty square feet, ii. The following setbacks shall apply: a front yard setback of twenty feet, a rear yard setback of five feet, a side yard setback of five feet, and an alley setback of five feet, iii. The maximum plumbing drain size shall be one and one-half inches in diameter so as to prohibit toilets, showers, bathtubs and other similar fixtures, iv. The additional development standards listed above (subsections (A)(l)(g)(i) through (iii) of this section) shall apply to the entire subject accessory structure, not just the portion encroaching into a lot's setback area; and h. The provisions of this section are applicable notwithstanding the permit requirements contained in Section 18.04.015. 2. Corner Lot and Reversed Corner Lots. a. No building shall occupy any portion of a required yard; b. The distance between buildings used for human habitation and between buildings used for human habitation and accessory buildings shall be not less than ten feet; c. Any building, any portion of which is used for human habitation shall observe a distance from the rear property line to the equivalent of twice the required interior side yard on such lot, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030; d. All accessory structures shall comply with the following development standards: Page 13 of 30 Page 170 i. The lot coverage shall include accessory structures in the lot coverage calculations for the lot, ii. The distance between buildings used for human habitation and accessory buildings shall be not less than ten feet, iii. When proposed on a lot adjoining native vegetation, accessory structures within a fire suppression zone must be reviewed and approved by the fire department, iv. Accessory buildings, by definition, do not share a common wall with the main dwelling unit structure, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030, v. Buildings shall not exceed one story, vi. Building height shall not exceed fourteen feet if a minimum roof pitch of 3:12 is provided or ten feet if less than a 3:12 roof pitch is provided; e. Accessory dwelling units constructed above detached garages, pursuant to Section 21.10.030 are not subject to the one-story/fourteen-foot height limitation imposed on accessory structures; f. Habitable detached accessory structures shall comply with all requirements of the zone applicable to placement of a dwelling unit on a lot including setbacks, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030; g. Detached accessory structures which are not dwelling units and contain no habitable space, including, but not limited to, garages, workshops, tool sheds, decks over thirty inches above grade and freestanding patio covers shall comply with the following additional development standards when located within a lot's required setback areas: i. The maximum allowable building area per structure shall not exceed a building coverage of four hundred forty square feet, ii. The following setbacks shall apply: a front yard setback of twenty feet, a rear yard setback of five feet, a side yard setback of five feet, and an alley setback of five feet, Page 14 of 30 Page 171 iii. The maximum plumbing drain size shall be one and one-half inches in diameter so as to prohibit toilets, showers, bathtubs and other similar fixtures, iv. The additional development standards listed above (subsections (A)(2)(g)(i) through (iii) of this section) shall apply to the entire subject accessory structure, not just the portion encroaching into a lot's setback area; and h. The provisions of this section are applicable notwithstanding the permit requirements contained in Section 18.04.015. 11. That section 21.12.060 of the Carlsbad Municipal Code is amended as follows: 21.12.060 Placement of buildings. A. Placement of buildings on any lot shall conform to the following: 1. Interior Lots. a. No building shall occupy any portion of a required yard; b. Any building, any portion of which is used for human habitation, shall observe a distance from any side lot line the equivalent of the required side yard on such lot and from the rear property line the equivalent of twice the required side yard on the same lot, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030; c. The distance between buildings used for human habitation and between buildings used for human habitation and accessory buildings shall be not less than ten feet; d. All accessory structures shall comply with the following development standards: i. The lot coverage shall include accessory structures in the lot coverage calculations for the lot, ii. The distance between buildings used for human habitation and accessory buildings shall be not less than ten feet, iii. When proposed on a lot adjoining native vegetation, accessory structures within a fire suppression zone must be reviewed and approved by the fire department, Page 15 of 30 Page 172 iv. Accessory buildings, by definition, do not share a common wall with the main dwelling unit structure, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030, v. Buildings shall not exceed one story, vi. Building height shall not exceed fourteen feet if a minimum roof pitch of 3:12 is provided or ten feet if less than a 3:12 roof pitch is provided; e. Accessory dwelling units constructed above detached garages, pursuant to Section 21.10.030 are not subject to the one-story/fourteen-foot height limitation imposed on accessory structures; f. Habitable detached accessory structures shall comply with all requirements of the zone applicable to placement of a dwelling unit on a lot including setbacks, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030; g. Detached accessory structures which are not dwelling units and contain no habitable space, including, but not limited to, garages, workshops, tool sheds, decks over thirty inches above grade and freestanding patio covers shall comply with the following additional development standards when located within a lot's required setback areas: i. The maximum allowable building area per structure shall not exceed a building coverage of four hundred forty square feet, ii. The following setbacks shall apply: a front yard setback of twenty feet, a rear yard setback of five feet,. a side yard setback of five feet, and an alley setback of five feet, iii. The maximum plumbing drain size shall be one and one-half inches in diameter so as to prohibit toilets, showers, bathtubs and other similar fixtures; and iv. The additional development standards listed above (subsections (A)(l)(g)(i) through (iii) of this section) shall apply to the entire subject accessory structure, not just the portion encroaching into a lot's setback area; and Page 16 of 30 Page 173 h. The provisions of this section are applicable notwithstanding the permit requirements contained in Section 18.04.015. 2. Corner Lots and Reversed Corner Lots. a. No building shall occupy any portion of a required yard; b. The distance between buildings used for human habitation and between buildings used for human habitation and accessory buildings shall be not less than ten feet; c. Any building, any portion of which is used for human habitation shall observe a distance from the rear property line the equivalent of twice the required interior side yard on such lot, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030; d. All accessory structures shall comply with the following development standards: i. The lot coverage shall include accessory structures in the lot coverage calculations for the lot, ii. The distance between buildings used for human habitation and accessory buildings shall be not less than ten feet, iii. When proposed on a lot adjoining native vegetation, accessory structures within a fire suppression zone must be reviewed and approved by the fire department, iv. Accessory buildings, by definition, do not share a common wall with the main dwelling unit structure, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030, v. Buildings shall not exceed one story, vi. Building height shall not exceed fourteen feet if a minimum roof pitch of 3:12 is provided or ten feet if less than a 3:12 roof pitch is provided; e. Accessory dwelling units constructed above detached garages, pursuant to Section 21.10.030 are not subject to the one-story/fourteen-foot height limitation imposed on accessory structures; Page 17 of 30 Page 174 f. Habitable detached accessory structures shall comply with all requirements of the zone applicable to placement of a dwelling unit on a lot including setbacks, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030; g. Detached accessory structures, which are not dwelling units and contain no habitable space, including, but not limited to, garages, workshops, tool sheds, decks over thirty inches above grade and freestanding patio covers shall comply with the following additional development standards when located within a lot's required setback areas: i. The maximum allowable building area per structure shall not exceed a building coverage of four hundred forty square feet, ii. The following setbacks shall apply: a front yard setback of twenty feet, a rear yard setback of five feet, a side yard setback of five feet, and an alley setback of five feet, iii. The maximum plumbing drain size shall be one and one-half inches in diameter so as to prohibit toilets, showers, bathtubs and other similar fixtures, and iv. The additional development standards listed above (subsections (A}(2}(g)(i} through (iii} of this section} shall apply to the entire subject accessory structure, not just the portion encroaching into a lot's setback area; and h. The provisions of this section are applicable notwithstanding the permit requirements contained in Section 18.04.015. 12. That section 21.16.060 of the Carlsbad Municipal Code is amended as follows: 21.16.060 Placement of buildings. A. Placement of buildings on any lot shall conform to the following: 1. Interior Lots. a. No building shall occupy any portion of a required yard; b. Any building, any portion of which is used for human habitation shall observe a distance from any side lot line the equivalent of the required side yard on such lot and from the rear property Page 18 of 30 Page 175 line the equivalent of twice the required side yard on such lot, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030; c. The distance between buildings used for human habitation and between buildings used for human habitation and accessory buildings shall be not less than ten feet; d. All accessory structures shall comply with the following development standards: i. The lot coverage shall include accessory structures in the lot coverage calculations for the lot, ii. The distance between buildings used for human habitation and accessory buildings shall be not less than ten feet, iii. When proposed on a lot adjoining native vegetation, accessory structures within a fire suppression zone must be reviewed and approved by the fire department, iv. Accessory buildings, by definition, do not share a common wall with the main dwelling unit structure, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030, v. Buildings shall not exceed one story, vi. Building height shall not exceed fourteen feet if a minimum roof pitch of 3:12 is provided or ten feet if less than a 3:12 roof pitch is provided; e. Accessory dwelling units constructed above detached garages, pursuant to Section 21.10.030 are not subject to the one-story/fourteen-foot height limitation imposed on accessory structures; f. Habitable detached accessory structures shall comply with all requirements of the zone applicable to placement of a dwelling unit on a lot including setbacks, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030; g. Detached accessory structures which are not dwelling units and contain no habitable space, including, but not limited to, garages, workshops, tool sheds, decks over thirty inches above Page 19 of 30 Page 176 grade and freestanding patio covers shall comply with the following additional development standards when located within a lot's required setback areas: i. The maximum allowable building area per structure shall not exceed a building coverage of four hundred forty square feet, ii. The following setbacks shall apply: A front yard setback of twenty feet, a rear yard setback of five feet, a side yard setback of five feet, and an alley setback of five feet, iii. The maximum plumbing drain size shall be one and one-half inches in diameter so as to prohibit toilets, showers, bathtubs and other similar fixtures; iv. The additional development standards listed above (subsections (A)(l)(g)(i) through (iii) of this section) shall apply to the entire subject accessory structure, not just the portion encroaching into a lot's setback area; and h. The provisions of this section are applicable notwithstanding the permit requirements contained in Section 18.04.015. 2. Corner Lots and Reversed Corner Lots. a. No building shall occupy any portion of a required yard; b. The distance between buildings used for human habitation and between buildings used for human habitation and accessory buildings shall be not less than ten feet; c. Any building, any portion of which is used for human habitation shall observe a distance from the rear property line the equivalent of twice the required interior side yard on such lot, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030; d. All accessory structures shall comply with the following development standards: i. The lot coverage shall include accessory structures in the lot coverage calculations for the lot, ii. The distance between buildings used for human habitation and accessory buildings shall be not less than ten feet, Page 20 of 30 Page 177 iii. When proposed on a lot adjoining native vegetation, accessory structures within a fire suppression zone must be reviewed and approved by the fire department, iv. Accessory buildings, by definition, do not share a common wall with the main dwelling unit structure, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030, v. Buildings shall not exceed one story, vi. Building height shall not exceed fourteen feet if a minimum roof pitch of 3:12 is provided or ten feet if less than a 3:12 roof pitch is provided; e. Accessory dwelling units constructed above detached garages, pursuant to Section 21.10.030 are not subject to the one-story/fourteen-foot height limitation imposed on accessory structures; f. Habitable detached accessory structures shall comply with all requirements of the zone applicable to placement of a dwelling unit on a lot including setbacks, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030; g. Detached accessory structures which are not dwelling units and contain no habitable space, including, but not limited to, garages, workshops, tool sheds, decks over thirty inches above grade and freestanding patio covers shall comply with the following additional development standards when located within a lot's required setback areas: i. The maximum allowable building area per structure shall not exceed a building coverage of four hundred forty square feet, ii. The following setbacks shall apply: A front yard setback of twenty feet, a rear yard setback of five feet, a side yard setback of five feet, and an alley setback of five feet, iii. The maximum plumbing drain size shall be one and one-half inches in diameter so as to prohibit toilets, showers, bathtubs and other similar fixtures, Page 21 of 30 Page 178 iv. The additional development standards listed above (subsections (A)(2)(g)(i) through (iii) of this section) shall apply to the entire subject accessory structure, not just the portion encroaching into a lot's setback area; and h. The provisions of this section are applicable notwithstanding the permit requirements contained in Section 18.04.015. the lot; 13. That subsections A.7 through A.12 of section 21.18.030 of the Carlsbad Municipal Code are amended as follows: 7. All accessory structures shall comply with the following development standards: a. The lot coverage shall include accessory structures in the lot coverage calculations for b. The distance between buildings used for human habitation and accessory buildings shall be not less than ten feet; c. When proposed on a lot adjoining native vegetation, accessory structures within a fire suppression zone must be reviewed and approved by the fire department; d. Accessory buildings, by definition, do not share a common wall with the main dwelling unit structure, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030; e. Buildings shall not exceed one story; and f. Building height shall not exceed fourteen feet if a minimum roof pitch of 3:12 is provided or ten feet if less than a 3:12 roof pitch is provided. 8. Accessory dwelling units constructed above detached garages, pursuant to Section 21.10.030 are not subject to the one-story/fourteen-foot height limitation imposed on accessory structures. 9. Habitable detached accessory structures shall comply with all requirements of the zone applicable to placement of a dwelling unit of a lot including setbacks, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030. Page 22 of 30 Page 179 10. Detached accessory structures, which are not dwelling units and contain no habitable space, including, but not limited to, garages, workshops, tool sheds, decks over thirty inches above grade and freestanding patio covers shall comply with the following additional development standards when located within a lot's required setback areas: a. The maximum allowable building area per structure shall not exceed a building coverage of four hundred forty square feet; b. The following setbacks shall apply: A front yard setback of twenty feet, a rear yard setback of five feet, a side yard setback of five feet, and an alley setback of five feet; c. The maximum plumbing drain size shall be one and one-half inches in diameter so as to prohibit toilets, showers, bathtubs and other similar fixtures; and d. The additional development standards listed above (subsections A.10.a. through c. of this section} shall apply to the entire subject accessory structure, not just the portion encroaching into a lot's setback area. 11. The provisions of this section are applicable notwithstanding the permit requirements contained in Section 18.04.015. 12. Except for an accessory structure which is not a dwelling unit and contains no habitable space and complies with the development standards specified in this chapter, no building shall be located in any of the required yards, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030. 14. That the second dwelling units use listed within Table A of section 21.20.010 of the Carlsbad Municipal Code is amended as follows: Use p CUP Ace Accessory dwelling units are permitted according to the provisions of Section 21.10.030 of this title on lots which are developed with a detached single-X family residence. Page 23 of 30 Page 180 the lot. 15. That subsections (1) and (2) of section 21.20.080 of the Carlsbad Municipal Code are amended as follows: (1) All accessory structures shall comply with the following development standards: (A) The lot coverage shall include accessory structures in the lot coverage calculations for (B) The distance between buildings used for human habitation and accessory buildings shall be not less than ten feet. (C) When proposed on a lot adjoining native vegetation, accessory structures within a fire suppression zone must be reviewed and approved by the fire department. (D) Accessory buildings, by definition, do not share a common wall with the main dwelling unit structure, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030. (E) Buildings shall not exceed one story. (F) Building height shall not exceed fourteen feet if a minimum roof pitch of 3:12 is provided or ten feet if less than a 3:12 roof pitch is provided. (G) Accessory dwelling units constructed above detached garages, pursuant to Section 21.10.030 are not subject to the one-story/fourteen-foot height limitation imposed on accessory structures. (2) Habitable detached accessory structures shall comply with all requirements of the zone applicable to placement of a dwelling unit on a lot including setbacks, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030. the lot; 16. That subsections A and B of section 21.22.070 of the Carlsbad Municipal Code are amended as follows: A. All accessory structures shall comply with the following development standards: 1. The lot coverage shall include accessory structures in the lot coverage calculations for Page 24 of 30 Page 181 2. The distance between buildings used for human habitation and accessory buildings shall be not less than ten feet; 3. When proposed on a lot adjoining native vegetation, accessory structures within a fire suppression zone must be reviewed and approved by the fire department; 4. Accessory buildings, by definition, do not share a common wall with the main dwelling unit structure, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030; 5. Buildings shall not exceed one story; 6. Building height shall not exceed fourteen feet if a minimum roof pitch of 3:12 is provided or ten feet if less than a 3:12 roof pitch is provided; and 7. Accessory dwelling units constructed above detached garages, pursuant to Section 21.10.030 are not subject to the one-story/fourteen-foot height limitation imposed on accessory structures. B. Habitable detached accessory structures shall comply with all requirements of the zone applicable to placement of a dwelling unit on a lot including setbacks, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030. the lot; 17. That subsections A through C of section 21.24.090 of the Carlsbad Municipal Code are amended as follows: A. All accessory structures shall comply with the following development standards: 1. The lot coverage shall include accessory structures in the lot coverage calculations for 2. The distance between buildings used for human habitation and accessory buildings shall be not less than ten feet; 3. When proposed on a lot adjoining native vegetation, accessory structures within a fire suppression zone must be reviewed and approved by the fire department; Page 25 of 30 Page 182 4. Accessory buildings, by definition, do not share a common wall with the main dwelling unit structure, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030; 5. Buildings shall not exceed one story; and 6. Building height shall not exceed fourteen feet if a minimum roof pitch of 3:12 is provided or ten feet if less than a 3:12 roof pitch is provided. B. Accessory dwelling units constructed above detached garages, pursuant to Section 21.10.030 are not subject to the one-story/fourteen-foot height limitation imposed on accessory structures. C. Habitable detached accessory structures shall comply with all requirements of the zone applicable to placement of a dwelling unit on a lot including setbacks, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030. 18. That the number of off-street parking spaces required for one-family dwellings is amended within Table A of section 21.44.020 of the Carlsbad Municipal Code as follows: Two spaces per unit, provided as either: • A two-car garage (minimum interior 20 feet x 20 feet); or One-family dwellings • Two separate one-car garages (minimum interior 12 feet x 20 feet each); or • As otherwise permitted, pursuant to Section 21.10.030 of this title, when a garage is converted to an accessory dwelling unit. 19. That the number of off-street parking spaces required for second dwelling units is amended within Table A of section 21.44.020 of the Carlsbad Municipal Code as follows: 1 space (covered or uncovered), in addition to the parking required for the Accessory dwelling primary use (single, one-family dwelling); unless otherwise specified in Section 21.10.030 of this code. units The additional parking space may be provided through tandem parking on a driveway and may be within the front or side yard setback. Page 26 of 30 Page 183 20. That the location standards for required parking spaces for second dwelling units are amended within Table C of section 21.44.060 of the Carlsbad Municipal Code as follows: Accessory dwelling units Same as parking required for primary residential use, with the following exceptions: • May be located in the front or side yard setback; and • May be located as a tandem space on a driveway. 21. That Table D of section 21.44.060 of the Carlsbad Municipal Code is amended as follows: Table D -Residential Garage Standards Type Garage Standard One-car garage Minimum interior dimensions of 12 feet by 20 feet. Two-car garage (both spaces for same unit) Minimum interior dimensions of 20 feet by 20 feet. Each separate, one-car garage shall have interior dimensions of 12 feet by 20 feet, exclusive of supporting columns. Multiple one-car garages in one structure As a minimum, each space shall be separated from the adjacent garage, floor to ceiling, by a permanent stud partition with Yi- inch gypsum board on one side, where no additional fire protection is required. Each parking space shall maintain a standard stall size of 8.5 Enclosed parking garage with multiple, feet by 20 feet, exclusive of supporting columns or posts. A backup distance of 24 feet shall be maintained in addition to open parking spaces a minimum 5 feet turning bump-out located at the end of any sta II series. 22. That within Table E of section 21.44.060 of the Carlsbad Municipal Code, for passenger vehicles, and light-duty commercial vehicles used as a principal means of transportation by an occupant of the dwelling, the standard for where vehicles can be parked for one- family dwellings on individual lots is amended as follows: One-family dwellings on In the required front yard on a paved driveway or parking area that: 1. Does not exceed 30% of the required front yard area; or individual lots (in addition to 2. Is comprised of 24 feet of width extended from the property line to parking spaces required pursuant the rear of the required front yard, whichever is greater. to Table A of this chapter or as A paved area between the required front yard and the actual front of the otherwise permitted pursuant to Section 21.10.030 of this code) building, as long as it is an extension and does not exceed the width of the area described above. Page 27 of 30 Page 184 Notes: Any other area of the lot provided that they are screened from view from the public right-of-way. For corner lots, the provisions of this subsection shall apply to the required street side yard; however, in no case, shall the provisions of this section allow parking in both the required front yard and the required street side yard. 23. That the notes to Table F of subsection B of section 21.45.090 of the Carlsbad Municipal Code are amended as follows: (1) Maximum building height is 1 story and 14 feet with a 3:12 roof pitch or 10 feet with less than a 3:12 roof pitch. (2) Minimum 10-foot separation required between a habitable building and any other detached accessory building/structure. (3) Must be architecturally compatible with the existing structure. (4) Except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030. 24. That subsections A and B.1 of section 21.201.060 of the Carlsbad Municipal Code are amended as follows: A. For the purposes of subsection B.1 of this section, an existing single-family residential building shall include: 1. All appurtenances and other accessory structures, including decks, directly attached to the residence; 2. Accessory structures or improvements on the property normally associated with residences, such as garages, swimming pools, fences and storage sheds, but not including guest houses or self-contained residential units that are detached from an existing single-family residential building; 3. Landscaping on the lot. B. Exemptions. The following projects are exempt from the requirements of a minor coastal development permit and coastal development permit: 1. Improvements to an existing single-family residential building, including an accessory dwelling unit that is attached to the primary residence, or converted from the existing space of a primary residence or accessory structure, except: a. On a beach, wetland or seaward of the mean high tide line; Page 28 of 30 Page 185 b. Where the residence or proposed improvement would encroach within fifty feet of the edge of a coastal bluff; c. Improvements that would result in an increase of ten percent or more of internal floor area of an existing structure or an additional improvement of ten percent or less where an improvement to the structure had previously been undertaken pursuant to Public Resources Code Section 30610(a}, or an increase in height by more than ten percent of an existing structure and/or any significant nonattached structure such as garages, fences, shoreline protective works or docks, and such improvements are to property located: i. Between the sea and the first public road paralleling the sea; ii. Within three hundred feet of the inland extent of any beach or of the mean high tide of the sea where there is no beach, whichever is the greater distance; or iii. In significant scenic resources areas as designated by the commission. d. Any significant alteration of land forms including removal or placement of vegetation on a beach, wetland, or sand dune, or within fifty feet of the edge of a coastal bluff except as provided in subsections B.8, B.9, B.10 and B.11 of this section; e. Expansion or construction of water wells or septic systems. EFFECTIVE DATE: This ordinance shall apply to building permit and minor coastal development permit applications for accessory dwelling units that are received after the effective date of this ordinance, as described below. Outside the Coastal Zone, 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. Within the Coastal Zone, this ordinance shall not be effective until LCPA 2016-0001 is approved by the California Coastal Commission. Page 29 of 30 Page 186 INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the __ _ day of , 2017, and thereafter PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the day of , 2017, by the following vote, to wit: AYES: NOES: ABSENT: APPROVED AS TO FORM AND LEGALITY: CELIA A. BREWER, City Attorney Page 30 of 30 MATT HALL, Mayor BARBARA ENGLESON, City Clerk (SEAL) Page 187 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 2 PLANNING COMMISSION RESOLUTION NO. 7254 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONING CODE AMENDMENT AND LOCAL COASTAL PROGRAM AMENDMENT TO MAKE THE CITY'S REGULATION OF SECOND DWELLING UNITS (NOW KNOWN AS ACCESSORY DWELLING UNITS) CONSISTENT WITH THE CHANGES TO GOVERNMENT CODE SECTION 65852.2 MADE BY ASSEMBLY BILL 2299 (BLOOM) AND SENATE BILL 1069 (WIECKOWSKI). CASE NAME: SECOND DWELLING UNIT CODE AMENDMENT CASE NO: ZCA 2016-0001/LCPA 2016-0001 (PUB16Y-0002) WHEREAS, the City Planner has prepared a proposed Zoning Code Amendment and Local Coastal Program Amendment pursuant to Section 21.52.020 of the Carlsbad Municipal Code to amend its Second Dwelling Unit Ordinance (Carlsbad Municipal Code Section 21.10.030) as necessary to comply with the mandatory provisions of Assembly Bill 2299 (Bloom) and Senate Bill 1069 (Wieckowski): WHEREAS, the City Planner has prepared a Local Coastal Program Amendment, as provided in Public Resources Code Section 30514 and Section 13551 of California Code of Regulations Title 14, Division 5.5, to ensure consistency with the zoning ordinance; and WHEREAS, the proposed amendment is set forth in the draft City Council Ordinance, Exhibit A dated, July 19, 2017, and attached hereto ZCA 2016-0001/LCPA 2016-0001 SECOND DWELLING UNIT CODE AMENDMENT; and WHEREAS, the Planning Commission did on the 19th day of July, 2017, 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. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) B) That the foregoing recitations are true and correct. That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of ZCA 2016-0001/LCPA 2016-0001 SECOND DWELLING UNIT CODE AMENDMENT, based on the following findings: Page 188 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 Findings: 1. 2. 3. 4. 5. 6. That the proposed Zone Code Amendment ZCA 2016-0001 is consistent with the General Plan in that Housing Element Program 3.15 -Alternative Housing commits the city to updating its second dwelling unit regulations consistent with the mandatory provisions of Assembly Bill 2299 (Bloom) and Senate Bill 1069 (Wieckowski). Additionally, the proposed amendments are consistent with of the General Plan, as described by the following policies: 2-G.4 -Provide balanced neighborhoods with a variety of housing types and density ranges to meet the diverse demographic, economic and social needs of residents, while ensuring a cohesive urban form with careful regard for compatibility. 2-P.6-Encourage the provision of lower and moderate-income housing to meet the objectives of the Housing Element. That the proposed ZCA reflects sound principles of good planning in that it ensures development will not conflict with state law. The proposed amendments are consistent with California Government Code 65852.2 and the changes made by AB 2299 and SB 1069, and fully implement the mandatory provisions of state law. The proposed ZCA is consistent with the City's Growth Management Program in that it does not conflict with Growth Management dwelling unit limitations and performance standards to ensure public facilities and services keep pace with development; pursuant to Government Code 65852.2, accessory dwelling units shall not be considered in the application of any local ordinance, policy, or program to limit residential growth. 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 Carlsbad Local Coastal Program not being amended by this amendment, in that the amendments ensure consistency with the Carlsbad Zoning Ordinance and state accessory dwelling unit regulations, and does not conflict with any coastal zone regulations, land use designations or policies, with which development must comply. That the proposed amendment to the Carlsbad Local Coastal Program is required to bring it into consistency with the proposed Zoning Ordinance Amendment ZCA 2016-0001. That the City Planner has determined that the project qualifies as an action that has been determined by the state Legislature pursuant to Section 21080.17 of the Public Resources Code and Section 15282(h) of the CEQA Guidelines to be statutorily exempt from CEQA. Division 13 of the Public Resources Code (CEQA) does not apply to the adoption of an ordinance by a city or county to implement the provisions of Section 65852.1 or Section 65852.2 of the Government Code. The proposed amendment implements changes to Section 65852.2 of the Government Code made by Assembly Bill 2299 (Bloom) and Senate Bill 1069 (Wieckowski). A notice of exemption will be filed. PC RESO NO. 7254 -2-Page 189 1 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of 2 the City of Carlsbad, held on July 19, 2017, by the following vote, to wit: 3 4 AYES: Chairperson Segall, Commissioners Anderson, Black, Goyarts, Montgomery 5 NOES: 6 ABSENT: Commissioners Rodman and Siekmann 7 8 ABSTAIN: 9 10 11 JEF EGALL, Chairperson 12 CARLSBAD PLANNING COMMISSION 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ATTEST: i~ DON NEU City Planner PC RESO NO. 7254 -3- Page 190 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING THE CITY'S REGULATION OF SECOND DWELLING UNITS (NOW KNOWN AS ACCESSORY DWELLING UNITS) CONSISTENT WITH CHANGES TO GOVERNMENT CODE SECTION 65852.2 MADE BY ASSEMBLY BILL 2299 (BLOOM) AND SENATE BILL 1069 (WIECKOWSKI). CASE NAME: SECOND DWELLING UNIT CODE AMENDMENT CASE NO.: MCA 17-0003/ZCA 2016-0001/LCPA 2016-0001 (PUB16Y-0002) EXHIBIT A JULY 19, 2017 WHEREAS, the Carlsbad Zoning Ordinance is the implementing ordinance of the Carlsbad Local Coastal Program, and therefore, an amendment to the Zoning Ordinance also constitutes an amendment to the Local Coastal Program; and WHEREAS, the City Planner has prepared a Zoning Code Amendment ZCA 2016-0001 and Local Coastal Program Amendment LCPA 2016-0001 pursuant to Section 21.52.020 of the Carlsbad Municipal Code, Section 30514 of the Public Resources Code, and Section 13551 of California Code of Regulations Title 14, Division 5, and a Municipal Code Amendment MCA 17-0003, to amend Section 21.10.030 of the Carlsbad Municipal Code as necessary to comply with the mandatory provisions of Assembly Bill 2299 (Bloom) and Senate Bill 1069 (Wieckowski); and WHEREAS, pursuant to California Coastal Commission Regulations, a six-week public review period for the Local Coastal Program Amendment began on June 2, 2017 and ended on July 21, 2017; and WHEREAS, on July 19, 2017, the Planning Commission held a duly noticed public hearing as prescribed by law to ,consider ZCA 2016-0001/LCPA 2016-0001; and WHEREAS, the Planning Commission adopted Planning Commission Resolution No. 7254 recommending to the City Council that ZCA 2016-0001/LCPA 2016-0001 be approved; and WHEREAS, the City Council of the City of Carlsbad held a duly noticed public hearing as prescribed by law to consider the MCA 17-0003/ZCA 2016-0001/LCPA 2016-0001; 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, including written public comments, if any, related to MCA 17-0003/ZCA 2016-0001/LCPA 2016-0001; and WHEREAS, the findings of the Planning Commission in Resolution No. 7254 constitute the findings of the City Council in this matter. Page 1 of 30 Page 191 NOW, THEREFORE, the City Council of the City of Carlsbad, California, ordains as follows that: 1. That the above recitations are true and correct. 2. That throughout Title 20 and Title 21 of the Carlsbad Municipal Code, the term second dwelling unit is replaced with the term accessory dwelling unit, and the term second dwelling units is replaced with the term accessory dwelling units. 3. That section 21.04.121 is added to the Carlsbad Municipal Code as follows: 21.04.121 Dwelling unit, accessory A. Accessory dwelling unit means a residential dwelling unit that is all of the following: 1. Located on a lot zoned for residential use, and the lot contains a single one-family dwelling and no other dwelling; and 2. Either detached from or attached to a one-family dwelling, or converted from the existing space of a one-family dwelling or accessory structure; and 3. A dwelling that provides complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. B. If consistent with subsection A of this definition, the following may be considered an accessory dwelling unit: 1. An efficiency unit, as defined in Section 17958.1 of California Health and Safety Code. 2. A manufactured home, as defined in Section 18007 of California Health and Safety Code. 4. That section 21.04.303 of the Carlsbad Municipal Code is deleted, and throughout Title 21 of the Carlsbad Municipal Code, section references to 21.04.303 are replaced by section references to 21.04.121. 5. That section 21.08.060 of the Carlsbad Municipal Code is amended as follows: 21.08.060 Placement of buildings. A. Placement of buildings on any lot shall conform to the following: 1. Interior Lots. a. No building shall occupy any portion of a required yard; b. Any building, any portion of which is used for human habitation, shall observe a distance from any side lot line the equivalent of the required side yard on such lot and from the rear property Page 2 of 30 Page 192 line the equivalent of twice the required side yard on such lot, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030; c. The distance between buildings used for human habitation and between buildings used for human habitation and accessory buildings shall not be less than ten feet; d. All accessory structures shall comply with the following development standards: i. The lot coverage shall include accessory structures in the lot coverage calculations for the lot, ii. The distance between buildings used for human habitation and accessory buildings shall be not less than ten feet, iii. When proposed on a lot adjoining native vegetation, accessory structures within a fire suppression zone must be reviewed and approved by the fire department, iv. Accessory buildings, by definition, do not share a common wall with the main dwelling unit structure, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030, v. Buildings shall not exceed one story, vi. Building height shall not exceed fourteen feet if a minimum roof pitch of 3:12 is provided or ten feet if less than a 3:12 roof pitch is provided; e. Accessory dwelling units constructed above detached garages, pursuant to Section 21.10.030 are not subject to the one-story/fourteen-foot height limitation imposed on accessory structures; f. Habitable detached accessory structures shall comply with all requirements of the zone applicable to placement of a dwelling unit on a lot including setbacks, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030; g. Detached accessory structures which are not dwelling units and contain no habitable space, including, but not limited to, garages, workshops, tool sheds, decks over thirty inches above grade and freestanding patio covers shall comply with the following additional development standards when located within a lot's required setback areas: i. The maximum allowable building area per structure shall not exceed a building coverage of four hundred forty square feet, Page 3 of 30 Page 193 ii. The following setbacks shall apply: a front yard setback of twenty feet, a rear yard setback of five feet, a side yard setback of five feet and an alley setback of five feet, iii. The maximum plumbing drain size shall be one and one-half inches in diameter so as to prohibit toilets, showers, bathtubs and other similar fixtures, iv. The additional development standards listed above (subsections (A)(l)(g)(i) through (iii) of this section) shall apply to the entire subject accessory structure, not just the portion encroaching into a lot's setback area; and h. The provisions of this section are applicable notwithstanding the permit requirements contained in Section 18.04.015. 2. Corner Lots and Reversed Corner Lots. a. No building shall occupy any portion of a required yard; b. The distance between buildings used for human habitation and between buildings used for human habitation and accessory buildings shall not be less than ten feet; c. Any building, any portion of which is used for human habitation, shall observe a distance from the rear property line the equivalent of twice the required interior side yard on such lot, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030; d. All accessory structures shall comply with the following development standards: i. The lot coverage shall include accessory structures in the lot coverage calculations for the lot, ii. The distance between buildings used for human habitation and accessory buildings shall be not less than ten feet, iii. When proposed on a lot adjoining native vegetation, accessory structures within a fire suppression zone must be reviewed and approved by the fire department, iv. Accessory buildings, by definition, do not share a common wall with the main dwelling unit structure, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030, v. Buildings shall not exceed one story, vi. Building height shall not exceed fourteen feet if a minimum roof pitch of 3:12 is provided or ten feet if less than a 3:12 roof pitch is provided; Page 4 of 30 Page 194 e. Accessory dwelling units constructed above detached garages, pursuant to Section 21.10.030 are not subject to the one-story/fourteen-foot height limitation imposed on accessory structures; f. Habitable detached accessory structures shall comply with all requirements of the zone applicable to placement of a dwelling unit on a lot including setbacks, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030; g. Detached accessory structures which are not dwelling units and contain no habitable space, including, but not limited to, garages, workshops, tool sheds, decks over thirty inches above grade and freestanding patio covers shall comply with the following additional development standards when located within a lot's required setback areas: i. The maximum allowable building area per structure shall not exceed a building coverage of four hundred forty square feet, ii. The following setbacks shall apply: a front yard setback of twenty feet, a rear yard setback of five feet, a side yard setback of five feet and an alley setback of five feet, iii. The maximum plumbing drain size shall be one and one-half inches in diameter so as to prohibit toilets, showers, bathtubs and other similar fixtures, iv. The additional development standards listed above (subsections (A)(2)(g)(i) through (iii) of this section) shall apply to the entire subject accessory structure, not just the portion encroaching into a lot's setback area; and h. The provisions of this section are applicable notwithstanding the permit requirements contained in Section 18.04.015. 6. That the second dwelling units use listed within Table A of section 21.09.020 of the Carlsbad Municipal Code is amended as follows: Use p CUP Ace Accessory dwelling units (subject to Section 21.10.030) X 7. That section 21.09.100 of the Carlsbad Municipal Code is amended as follows: 21.09.100 Placement of buildings. Placement of buildings on any lot shall conform to the following: (1) Except as permitted by Sections 21.09.080 and 21.09.090, no building shall occupy any portion of a required yard. Page 5 of 30 Page 195 (2) Any building, any portion of which is used for human habitation, shall observe a distance from any rear property line the equivalent of twice the required interior sid'e yard, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030. (3) The distance between buildings used for human habitation and detached accessory buildings shall not be less than ten feet. (4) The keeping of all domestic animals provided for in this chapter shall conform to all other provisions of law governing the same, and no pen, coop, stable or barn shall be erected within forty feet of any building used for human habitation or within twenty-five feet of any property line. (5) A building permit for a dwelling unit to be located further than five hundred feet from a fire hydrant shall not be issued without the approval of the fire chief. The fire chief may require the installation of additional safety equipment, including fire hydrants or stand pipes, as a condition of such approval. 8. That the list of sections for chapter 21.10 of the Carlsbad Municipal Code is amended as follows: Sections: 21.10.010 Intent and purpose 21.10.020 Permitted uses 21.10.030 Accessory dwelling units 21.10.040 Home occupations 21.10.050 Building height 21.10.060 Front yard 21.10.070 Side yards 21.10.080 Placement of buildings 21.10.090 Minimum lot area 21.10.100 Lot width 21.10.110 Lot coverage 21.10.120 Development standards 21.10.125 Farmworker housing complex standards 21.10.130 Severability Page 6 of 30 Page 196 9. That section 21.10.030 of the Carlsbad Municipal Code is amended as follows: 21.10.030 Accessory 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 accessory dwelling units. B. The provisions of this section shall apply only to lots that: 1. Are zoned for residential use {where residential use is the primary intended use of the zone); and 2. Contain, or are proposed to contain, a single one-family dwelling {primary dwelling) and no other dwellings exists on the lot. C. Permit requirements. 1. Accessory dwelling units developed within the coastal zone are subject to the permit requirements of Chapter 21.201 and require a building permit. 2. Accessory dwelling units outside of the coastal zone require a building permit. 3. The completed application for an accessory dwelling unit shall include the following information: a. The name{s) of the owner{s); b. The address of the dwelling units; c. The assessor's parcel number; d. Building elevations and a general floor plan of the accessory dwelling unit; e. A scaled drawing showing the lot dimensions, the location of the primary and accessory dwelling unit, location of all vehicular parking and the total square footage of both units; f. Description and location of water and sanitary {sewer) services; and Page 7 of 30 Page 197 g. An owner signed and notarized a notice of restriction, to be recorded against the property, declaring that: i. The property owner(s) shall reside in either the primary dwelling unit or the accessory dwelling unit, unless a lessee leases both the primary dwelling and the accessory dwelling unit; and ii. The obligations and restrictions imposed on the accessory dwelling unit per this chapter are binding on all present and future property owners. 4. All applications for accessory dwelling units shall be acted on ministerially, without discretionary review or a hearing (notwithstanding concurrent applications such as a variance or special use permit), within 120 days after submittal of the permit application. 5. Notwithstanding the requirements of subsection D of this section, a building permit application for an accessory dwelling unit shall be approved ministerially, and no new or separate utility connection shall be required between the accessory dwelling unit and the utility, and no related utility connection fee or capacity charge shall be required, if: a. The accessory dwelling unit is converted from the existing space of the primary dwelling unit or an accessory structure (this applies only to primary dwellings and accessory structures that existed on the lot at the time of application submittal); and b. The accessory dwelling unit has independent exterior access from the primary dwelling; and c. Side and rear setbacks are sufficient for fire safety. 6. No other local ordinance, policy, or regulation shall be the basis for the denial of a building permit or minor coastal development permit under this section. D. Requirements for accessory dwelling units. 1. An accessory dwelling unit shall only be permitted on a lot that: a) is zoned for residential use (where residential use is the primary intended use of the zone), and b) contains a single one-family dwelling (primary dwelling) and no other dwelling exists on the lot (if no primary dwelling Page 8 of 30 Page 198 exists, a primary one-family dwelling shall be constructed prior to or concurrent with the accessory dwelling unit). 2. The accessory dwelling unit shall be located on the same lot as the primary dwelling unit and may be detached, attached or converted from the existing space of the primary dwelling unit or an accessory structure. 3. The total area of floor space for a detached accessory dwelling unit shall not exceed six hundred forty square feet. For accessory dwelling units that are attached or converted from the existing space of the primary dwelling unit or an accessory structure, the total area of floor space shall not exceed fifty percent of the living area of the primary dwelling unit, up to six hundred forty square feet. 4. The accessory dwelling unit must meet the setback, lot coverage and other development standards applicable to the zone which are not addressed within this section. In the coastal zone, accessory dwelling units shall be consistent with all certified local coastal program provisions, with the exception of density, or as otherwise specified within this section. 5. Attached accessory dwelling units shall conform to the height limits applicable to the zone and detached accessory dwelling units shall be limited to one story, except that accessory dwelling units constructed above detached garages shall be permitted and shall conform to the height limits applicable to the zone. 6. No setback shall be required for an existing garage that is converted to an accessory dwelling unit, and a setback of no more than five feet from the side and rear lot lines shall be required for an accessory dwelling unit that is constructed above a garage that existed prior to January 1, 2017. 7. The accessory dwelling unit shall have an exterior access that is independent from the exterior access to the primary dwelling. 8. A pathway from the street to the entrance of an accessory dwelling unit shall not be required. Page 9 of 30 Page 199 9. The accessory dwelling unit shall be architecturally compatible with the main dwelling unit, in terms of appearance, materials and finished quality. 10. Parking for the primary dwelling unit and the accessory dwelling unit shall be provided pursuant to Chapter 21.44 of this title, except as follows: a. An existing parking structure, including a garage, may be converted to an accessory dwelling unit or demolished in conjunction with the construction of an accessory dwelling unit. Any loss of required parking for the primary dwelling shall be replaced; the replacement spaces are not required to be provided in a garage and may be located in any configuration on the lot, including but not limited to covered, uncovered or tandem spaces, or by the use of mechanical automobile parking lifts. b. Parking for an accessory dwelling unit shall not be required in the following instances: i. The accessory dwelling unit is proposed to be converted from the existing space of the primary dwelling unit or an accessory structure. ii. The location of the proposed accessory dwelling unit is within one-half mile of a major transit stop as defined in the California Public Resources Code (subdivision (b) of Section 21155). iii. The location of the proposed accessory dwelling unit is within one block of a designated car share pick up and drop off location. iv. The location of the proposed accessory dwelling unit is within an architecturally and historically significant historic district. v. When on-street parking permits are required but not offered to the occupant of the proposed accessory dwelling. 11. Adequate water and sewer capacity and facilities for the accessory dwelling unit must be available or made available. Accessory dwelling units shall not be considered new residential uses for the purposes of calculating connection fees or capacity charges for utilities. Any utility connection fee or charge shall be proportionate to the burden of the proposed accessory dwelling unit upon the Page 10 of30 Page 200 water or sewer system; and the fee or charge shall not exceed the reasonable cost of providing the service. 12. All necessary public facilities and services must be available or made available. 13. Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary dwelling unit. 14. Carlsbad building code requirements that apply to detached one-family dwellings shall apply to accessory dwelling units as appropriate. 15. The accessory unit may be r.ented 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 accessory 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. 16. An accessory dwelling unit: a. Shall be considered a residential accessory use or accessory structure that is consistent with the general plan or zoning designations for the lot; b. Shall not be considered a dwelling unit when implementing general plan residential density policies; and c. Shall not be considered a dwelling unit when implementing the dwelling unit limitations established by Proposition E enacted by Carlsbad voters on November 4, 1986. 17. Accessory dwelling units intended to satisfy an inclusionary requirement shall comply with the requirements of Chapter 21.85, including but not limited to the applicable rental rates and income limit standards. 10. That section 21.10.080 of the Carlsbad Municipal Code is amended as follows: 21.10.080 Placement of buildings. A. Placement of buildings on any lot shall conform to the following: Page 11 of 30 Page 201 1. Interior Lots. a. No building shall occupy any portion of a required yard; b. Any building, any portion of which is used for human habitation, shall observe a distance from any side lot line the equivalent of the required side yard and from the rear property line the equivalent of twice the required side yard on such lot, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030; c. The distance between buildings used for human habitation and between buildings used for human habitation and accessory buildings shall be not less than ten feet; d. All accessory structures shall comply with the following development standards: i. The lot coverage shall include accessory structures in the lot coverage calculations for the lot, ii. The distance between buildings used for human habitation and accessory buildings shall be not less than ten feet, iii. When proposed on a lot adjoining native vegetation, accessory structures within a fire suppression zone must be reviewed and approved by the fire department, iv. Accessory buildings, by definition, do not share a common wall with the main dwelling unit structure, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030, v. Buildings shall not exceed one story, vi. Building height shall not exceed fourteen feet if a minimum roof pitch of 3:12 is provided or ten feet if less than a 3:12 roof pitch is provided; e. Accessory dwelling units constructed above detached garages, pursuant to Section 21.10.030 are not subject to the one-story/fourteen-foot height limitation imposed on accessory structures; Page 12 of 30 Page 202 f. Habitable detached accessory structures shall comply with all requirements of the zone applicable to placement of a dwelling unit on a lot including setbacks, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030; g. Detached accessory structures which are not dwelling units and contain no habitable space, including, but not limited to, garages, workshops, tool sheds, decks over thirty inches above grade and freestanding patio covers shall comply with the following additional development standards when located within a lot's required setback areas: i. The maximum allowable building area per structure shall not exceed a building coverage of four hundred forty square feet, ii. The following setbacks shall apply: a front yard setback of twenty feet, a rear yard setback of five feet, a side yard setback of five feet, and an alley setback of five feet, iii. The maximum plumbing drain size shall be one and one-half inches in diameter so as to prohibit toilets, showers, bathtubs and other similar fixtures, iv. The additional development standards listed above {subsections {A){l){g){i) through {iii) of this section) shall apply to the entire subject accessory structure, not just the portion encroaching into a lot's setback area; and h. The provisions of this section are applicable notwithstanding the permit requirements contained in Section 18.04.015. 2. Corner Lot and Reversed Corner Lots. a. No building shall occupy any portion of a required yard; b. The distance between buildings used for human habitation and between buildings used for human habitation and accessory buildings shall be not less than ten feet; c. Any building, any portion of which is used for human habitation shall observe a distance from the rear property line to the equivalent of twice the required interior side yard on such lot, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030; d. All accessory structures shall comply with the following development standards: Page 13 of 30 Page 203 i. The lot coverage shall include accessory structures in the lot coverage calculations for the lot, ii. The distance between buildings used for human habitation and accessory buildings shall be not less than ten feet, iii. When proposed on a lot adjoining native vegetation, accessory structures within a fire suppression zone must be reviewed and approved by the fire department, iv. Accessory buildings, by definition, do not share a common wall with the main dwelling unit structure, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030, v. Buildings shall not exceed one story, vi. Building height shall not exceed fourteen feet if a minimum roof pitch of 3:12 is provided or ten feet if less than a 3:12 roof pitch is provided; e. Accessory dwelling units constructed above detached garages, pursuant to Section 21.10.030 are not subject to the one-story/fourteen-foot height limitation imposed on accessory structures; f. Habitable detached accessory structures shall comply with all requirements of the zone applicable to placement of a dwelling unit on a lot including setbacks, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030; g. Detached accessory structures which are not dwelling units and contain no habitable space, including, but not limited to, garages, workshops, tool sheds, decks over thirty inches above grade and freestanding patio covers shall comply with the following additional development standards when located within a lot's required setback areas: i. The maximum allowable building area per structure shall not exceed a building coverage of four hundred forty square feet, ii. The following setbacks shall apply: a front yard setback of twenty feet, a rear yard setback of five feet, a side yard setback of five feet, and an alley setback of five feet, Page 14 of 30 Page 204 iii. The maximum plumbing drain size shall be one and one-half inches in diameter so as to prohibit toilets, showers, bathtubs and other similar fixtures, iv. The additional development standards listed above (subsections (A)(2)(g)(i) through (iii) of this section) shall apply to the entire subject accessory structure, not just the portion encroaching into a lot's setback area; and h. The provisions of this section are applicable notwithstanding the permit requirements contained in Section 18.04.015. 11. That section 21.12.060 of the Carlsbad Municipal Code is amended as follows: 21.12.060 Placement of buildings. A. Placement of buildings on any lot shall conform to the following: 1. Interior Lots. a. No building shall occupy any portion of a required yard; b. Any building, any portion of which is used for human habitation, shall observe a distance from any side lot line the equivalent of the required side yard on such lot and from the rear property line the equivalent of twice the required side yard on the same lot, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030; c. The distance between buildings used for human habitation and between buildings used for human habitation and accessory buildings shall be not less than ten feet; d. All accessory structures shall comply with the following development standards: i. The lot coverage shall include accessory structures in the lot coverage calculations for the lot, ii. The distance between buildings used for human habitation and accessory buildings shall be not less than ten feet, iii. When proposed on a lot adjoining native vegetation, accessory structures within a fire suppression zone must be reviewed and approved by the fire department, Page 15 of 30 Page 205 iv. Accessory buildings, by definition, do not share a common wall with the main dwelling unit structure, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030, v. Buildings shall not exceed one story, vi. Building height shall not exceed fourteen feet if a minimum roof pitch of 3:12 is provided or ten feet if less than a 3:12 roof pitch is provided; e. Accessory dwelling units constructed above detached garages, pursuant to Section 21.10.030 are not subject to the one-story/fourteen-foot height limitation imposed on accessory structures; f. Habitable detached accessory structures shall comply with all requirements of the zone applicable to placement of a dwelling unit on a lot including setbacks, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030; g. Detached accessory structures which are not dwelling units and contain no habitable space, including, but not limited to, garages, workshops, tool sheds, decks over thirty inches above grade and freestanding patio covers shall comply with the following additional development standards when located within a lot's required setback areas: i. The maximum allowable building area per structure shall not exceed a building coverage of four hundred forty square feet, ii. The following setbacks shall apply: a front yard setback of twenty feet, a rear yard setback of five feet, a side yard setback of five feet, and an alley setback of five feet, iii. The maximum plumbing drain size shall be one and one-half inches in diameter so as to prohibit toilets, showers, bathtubs and other similar fixtures; and iv. The additional development standards listed above (subsections (A)(l)(g)(i) through (iii) of this section) shall apply to the entire subject accessory structure, not just the portion encroaching into a lot's setback area; and Page 16 of 30 Page 206 h. The provisions of this section are applicable notwithstanding the permit requirements contained in Section 18.04.015. 2. Corner Lots and Reversed Corner Lots. a. No building shall occupy any portion of a required yard; b. The distance between buildings used for human habitation and between buildings used for human habitation and accessory buildings shall be not less than ten feet; c. Any building, any portion of which is used for human habitation shall observe a distance from the rear property line the equivalent of twice the required interior side yard on such lot, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030; d. All accessory structures shall comply with the following development standards: i. The lot coverage shall include accessory structures in the lot coverage calculations for the lot, ii. The distance between buildings used for human habitation and accessory buildings shall be not less than ten feet, iii. When proposed on a lot adjoining native vegetation, accessory structures within a fire suppression zone must be reviewed and approved by the fire department, iv. Accessory buildings, by definition, do not share a common wall with the main dwelling unit structure, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030, v. Buildings shall not exceed one story, vi. Building height shall not exceed fourteen feet if a minimum roof pitch of 3:12 is provided or ten feet if less than a 3:12 roof pitch is provided; e. Accessory dwelling units constructed above detached garages, pursuant to Section 21.10.030 are not subject to the one-story/fourteen-foot height limitation imposed on accessory structures; Page 17 of 30 Page 207 f. Habitable detached accessory structures shall comply with all requirements of the zone applicable to placement of a dwelling unit on a lot including setbacks, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030; g. Detached accessory structures, which are not dwelling units and contain no habitable space, including, but not limited to, garages, workshops, tool sheds, decks over thirty inches above grade and freestanding patio covers shall comply with the following additional development standards when located within a lot's required setback areas: i. The maximum allowable building area per structure shall not exceed a building coverage of four hundred forty square feet, ii. The following setbacks shall apply: a front yard setback of twenty feet, a rear yard setback of five feet, a side yard setback of five feet, and an alley setback of five feet, iii. The maximum plumbing drain size shall be one and one-half inches in diameter so as to prohibit toilets, showers, bathtubs and other similar fixtures, and iv. The additional development standards listed above {subsections {A){2){g){i) through {iii) of this section) shall apply to the entire subject accessory structure, not just the portion encroaching into a lot's setback area; and h. The provisions of this section are applicable notwithstanding the permit requirements contained in Section 18.04.015. 12. That section 21.16.060 of the Carlsbad Municipal Code is amended as follows: 21.16.060 Placement of buildings. A. Placement of buildings on any lot shall conform to the following: 1. Interior Lots. a. No building shall occupy any portion of a required yard; b. Any building, any portion of which is used for human habitation shall observe a distance from any side lot line the equivalent of the required side yard on such lot and from the rear property Page 18 of 30 Page 208 line the equivalent of twice the required side yard on such lot, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030; c. The distance between buildings used for human habitation and between buildings used for human habitation and accessory buildings shall be not less than ten feet; d. All accessory structures shall comply with the following development standards: i. The lot coverage shall include accessory structures in the lot coverage calculations for the lot, ii. The distance between buildings used for human habitation and accessory buildings shall be not less than ten feet, iii. When proposed on a lot adjoining native vegetation, accessory structures within a fire suppression zone must be reviewed and approved by the fire department, iv. Accessory buildings, by definition, do not share a common wall with the main dwelling unit structure, except as otherwise permitted for accessory dwelling units pursuant t6 Section 21.10.030, v. Buildings shall not exceed one story, vi. Building height shall not exceed fourteen feet if a minimum roof pitch of 3:12 is provided or ten feet if less than a 3:12 roof pitch is provided; e. Accessory dwelling units constructed above detached garages, pursuant to Section 21.10.030 are not subject to the one-story/fourteen-foot height limitation imposed on accessory structures; f. Habitable detached accessory structures shall comply with all requirements of the zone applicable to placement of a dwelling unit on a lot including setbacks, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030; g. Detached accessory structures which are not dwelling units and contain no habitable space, including, but not limited to, garages, workshops, tool sheds, decks over thirty inches above Page 19 of 30 Page 209 grade and freestanding patio covers shall comply with the following additional development standards when located within a lot's required setback areas: i. The maximum allowable building area per structure shall not exceed a building coverage of four hundred forty square feet, ii. The following setbacks shall apply: A front yard setback of twenty feet, a rear yard setback of five feet, a side yard setback of five feet, and an alley setback of five feet, iii. The maximum plumbing drain size shall be one and one-half inches in diameter so as to prohibit toilets, showers, bathtubs and other similar fixtures; iv. The additional development standards listed above (subsections (A}(l}(g)(i) through (iii) of this section) shall apply to the entire subject accessory structure, not just the portion encroaching into a lot's setback area; and h. The provisions of this section are applicable notwithstanding the permit requirements contained in Section 18.04.015. 2. Corner Lots and Reversed Corner Lots. a. No building shall occupy any portion of a required yard; b. The distance between buildings used for human habitation and between buildings used for human habitation and accessory buildings shall be not less than ten feet; c. Any building, any portion of which is used for human habitation shall observe a distance from the rear property line the equivalent of twice the required interior side yard on such lot, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030; d. All accessory structures shall comply with the following development standards: i. The lot coverage shall include accessory structures in the lot coverage calculations for the lot, ii. The distance between buildings used for human habitation and accessory buildings shall be not less than ten feet, Page 20 of30 Page 210 iii. When proposed on a lot adjoining native vegetation, accessory structures within a fire suppression zone must be reviewed and approved by the fire department, iv. Accessory buildings, by definition, do not share a common wall with the main dwelling unit structure, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030, v. Buildings shall not exceed one story, vi. Building height shall not exceed fourteen feet if a minimum roof pitch of 3:12 is provided or ten feet if less than a 3:12 roof pitch is provided; e. Accessory dwelling units constructed above detached garages, pursuant to Section 21.10.030 are not subject to the one-story/fourteen-foot height limitation imposed on accessory structures; f. Habitable detached accessory structures shall comply with all requirements of the zone applicable to placement of a dwelling unit on a lot including setbacks, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030; g. Detached accessory structures which are not dwelling units and contain no habitable space, including, but not limited to, garages, workshops, tool sheds, decks over thirty inches above grade and freestanding patio covers shall comply with the following additional development standards when located within a lot's required setback areas: i. The maximum allowable building area per structure shall not exceed a building coverage of four hundred forty square feet, ii. The following setbacks shall apply: A front yard setback of twenty feet, a rear yard setback of five feet, a side yard setback of five feet, and an alley setback of five feet, iii. The maximum plumbing drain size shall be one and one-half inches in diameter so as to prohibit toilets, showers, bathtubs and other similar fixtures, Page 21 of 30 Page 211 iv. The additional development standards listed above (subsections (A)(2)(g)(i) through (iii) of this section) shall apply to the entire subject accessory structure, not just the portion encroaching into a lot's setback area; and h. The provisions of this section are applicable notwithstanding the permit requirements contained in Section 18.04.015. the lot; 13. That subsections A.7 through A.12 of section 21.18.030 of the Carlsbad Municipal Code are amended as follows: 7. All accessory structures shall comply with the following development standards: a. The lot coverage shall include accessory structures in the lot coverage calculations for b. The distance between buildings used for human habitation and accessory buildings shall be not less than ten feet; c. When proposed on a lot adjoining native vegetation, accessory structures within a fire suppression zone must be reviewed and approved by the fire department; d. Accessory buildings, by definition, do not share a common wall with the main dwelling unit structure, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030; e. Buildings shall not exceed one story; and f. Building height shall not exceed fourteen feet if a minimum roof pitch of 3:12 is provided or ten feet if less than a 3:12 roof pitch is provided. 8. Accessory dwelling units constructed above detached garages, pursuant to Section 21.10.030 are not subject to the one-story/fourteen-foot height limitation imposed on accessory structures. 9. Habitable detached accessory structures shall comply with all requirements of the zone applicable to placement of a dwelling unit of a lot including setbacks, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030. Page 22 of 30 Page 212 10. Detached accessory structures, which are not dwelling units and contain no habitable space, including, but not limited to, garages, workshops, tool sheds, decks over thirty inches above grade and freestanding patio covers shall comply with the following additional development standards when located within a lot's required setback areas: a. The maximum allowable building area per structure shall not exceed a building coverage of four hundred forty square feet; b. The following setbacks shall apply: A front yard setback of twenty feet, a rear yard setback of five feet, a side yard setback of five feet, and an alley setback of five feet; c. The maximum plumbing drain size shall be one and one-half inches in diameter so as to prohibit toilets, showers, bathtubs and other similar fixtures; and d. The additional development standards listed above (subsections A.10.a. through c. of this section) shall apply to the entire subject accessory structure, not just the portion encroaching into a lot's setback area. 11. The provisions of this section are applicable notwithstanding the permit requirements contained in Section 18.04.015. 12. Except for an accessory structure which is not a dwelling unit and contains no habitable space and complies with the development standards specified in this chapter, no building shall be located in any of the required yards, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030. 14. That the second dwelling units use listed within Table A of section 21.20.010 of the Carlsbad Municipal Code is amended as follows: Use p CUP Ace Accessory dwelling units are permitted according to the provisions of Section 21.10.030 of this title on lots which are developed with a detached single-X family residence. Page 23 of 30 Page 213 the lot. 15. That subsections (1) and (2) of section 21.20.080 of the Carlsbad Municipal Code are amended as follows: (1) All accessory structures shall comply with the following development standards: (A) The lot coverage shall include accessory structures in the lot coverage calculations for (B) The distance between buildings used for human habitation and accessory buildings shall be not less than ten feet. (C) When proposed on a lot adjoining native vegetation, accessory structures within a fire suppression zone must be reviewed and approved by the fire department. (D) Accessory buildings, by definition, do not share a common wall with the main dwelling unit structure, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030. (E) Buildings shall not exceed one story. (F) Building height shall not exceed fourteen feet if a minimum roof pitch of 3:12 is provided or ten feet if less than a 3:12 roof pitch is provided. (G) Accessory dwelling units constructed above detached garages, pursuant to Section 21.10.030 are not subject to the one-story/fourteen-foot height limitation imposed on accessory structures. (2) Habitable detached accessory structures shall comply with all requirements of the zone applicable to placement of a dwelling unit on a lot including setbacks, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030. the lot; 16. That subsections A and B of section 21.22.070 of the Carlsbad Municipal Code are amended as follows: A. All accessory structures shall comply with the following development standards: 1. The lot coverage shall include accessory structures in the lot coverage calculations for Page 24 of30 Page 214 2. The distance between buildings used for human habitation and accessory buildings shall be not less than ten feet; 3. When proposed on a lot adjoining native vegetation, accessory structures within a fire suppression zone must be reviewed and approved by the fire department; 4. Accessory buildings, by definition, do not share a common wall with the main dwelling unit structure, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030; 5. Buildings shall not exceed one story; 6. Building height shall not exceed fourteen feet if a minimum roof pitch of 3:12 is provided or ten feet if less than a 3:12 roof pitch is provided; and 7. Accessory dwelling units constructed above detached garages, pursuant to Section 21.10.030 are not subject to the one-story/fourteen-foot height limitation imposed on accessory structures. B. Habitable detached accessory structures shall comply with all requirements of the zone applicable to placement of a dwelling unit on a lot including setbacks, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030. 17. That subsections A through C of section 21.24.090 of the Carlsbad Municipal Code are amended as follows: A. 1. the lot; 2. All accessory structures shall comply with the following development standards: The lot coverage shall include accessory structures in the lot coverage calculations for The distance between buildings used for human habitation and accessory buildings shall be not less than ten feet; 3. When proposed on a lot adjoining native vegetation, accessory structures within a fire suppression zone must be reviewed and approved by the fire department; Page 25 of 30 Page 215 4. Accessory buildings, by definition, do not share a common wall with the main dwelling unit structure, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030; 5. Buildings shall not exceed one story; and 6. Building height shall not exceed fourteen feet if a minimum roof pitch of 3:12 is provided or ten feet if less than a 3:12 roof pitch is provided. B. Accessory dwelling units constructed above detached garages, pursuant to Section 21.10.030 are not subject to the one-story/fourteen-foot height limitation imposed on accessory structures. C. 1 Habitable detached accessory structures shall comply with all requirements of the zone applicable to placement of a dwelling unit on a lot including setbacks, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030. 18. That the number of off-street parking spaces required for one-family dwellings is amended within Table A of section 21.44.020 of the Carlsbad Municipal Code as follows: Two spaces per unit, provided as either: • A two-car garage (minimum interior 20 feet x 20 feet); or One-family dwellings • Two separate one-car garages (minimum interior 12 feet x 20 feet each); or • As otherwise permitted, pursuant to Section 21.10.030 of this title, when a garage is converted to an accessory dwelling unit. 19. That the number of off-street parking spaces required for second dwelling units is amended within Table A of section 21.44.020 of the Carlsbad Municipal Code as follows: 1 space (covered or uncovered), in addition to the parking required for the Accessory dwelling primary use (single, one-family dwelling); unless otherwise specified in Section 21.10.030 of this code. units The additional parking space may be provided through tandem parking on a driveway and may be within the front or side yard setback. Page 26 of30 Page 216 20. That the location standards for required parking spaces for second dwelling units are amended within Table C of section 21.44.060 of the Carlsbad Municipal Code as follows: Accessory dwelling units Same as parking required for primary residential use, with the following exceptions: • May be located in the front or side yard setback; and • May be located as a tandem space on a driveway. 21. That Table D of section 21.44.060 of the Carlsbad Municipal Code is amended as follows: Table D -Residential Garage Standards Type Garage Standard One-car garage Minimum interior dimensions of 12 feet by 20 feet. Two-car garage (both spaces for same unit) Minimum interior dimensions of 20 feet by 20 feet. Each separate, one-car garage shall have interior dimensions of 12 feet by 20 feet, exclusive of supporting columns. Multiple one-car garages in one structure As a minimum, each space shall be separated from the adjacent garage, floor to ceiling, by a permanent stud partition with Yi- inch gypsum board on one side, where no additional fire protection is required. Each parking space shall maintain a standard stall size of 8.5 Enclosed parking garage with multiple, feet by 20 feet, exclusive of supporting columns or posts. A backup distance of 24 feet shall be maintained in addition to open parking spaces a minimum 5 feet turning bump-out located at the end of any stall series. 22. That within Table E of section 21.44.060 of the Carlsbad Municipal Code, for passenger vehicles, and light-duty commercial vehicles used as a principal means of transportation by an occupant of the dwelling, the standard for where vehicles can be parked for one- family dwellings on individual lots is amended as follows: One-family dwellings on In the required front yard on a paved driveway or parking area that: 1. Does not exceed 30% of the required front yard area; or individual lots (in addition to 2. Is comprised of 24 feet of width extended from the property line to parking spaces required pursuant the rear of the required front yard, whichever is greater. to Table A of this chapter or as A paved area between the required front yard and the actual front of the otherwise permitted pursuant to Section 21.10.030 of this code) building, as long as it is an extension and does not exceed the width of the area described above. Page 27 of 30 Page 217 Notes: Any other area of the lot provided that they are screened from view from the public right-of-way. For corner lots, the provisions of this subsection shall apply to the required street side yard; however, in no case, shall the provisions of this section allow parking in both the required front yard and the required street side yard. 23. That the notes to Table F of subsection B of section 21.45.090 of the Carlsbad Municipal Code are amended as follows: (1) Maximum building height is 1 story and 14 feet with a 3:12 roof pitch or 10 feet with less than a 3:12 roof pitch. (2) Minimum 10-foot separation required between a habitable building and any other detached accessory building/structure. (3) Must be architecturally compatible with the existing structure. (4) Except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030. 24. That subsections A and B.1 of section 21.201.060 of the Carlsbad Municipal Code are amended as follows: A. For the purposes of subsection B.1 of this section, an existing single-family residential building shall include: 1. All appurtenances and other accessory structures, including decks, directly attached to the residence; 2. Accessory structures or improvements on the property normally associated with residences, such as garages, swimming pools, fences and storage sheds, but not including guest houses or self-contained residential units that are detached from an existing single-family residential building; 3. Landscaping on the lot. B. Exemptions. The following projects are exempt from the requirements of a minor coastal development permit and coastal development permit: 1. Improvements to an existing single-family residential building, including an accessory dwelling unit that is attached to the primary residence, or converted from the existing space of a primary residence or accessory structure, except: a. On a beach, wetland or seaward of the mean high tide line; Page 28 of 30 Page 218 b. Where the residence or proposed improvement would encroach within fifty feet of the edge of a coastal bluff; c. Improvements that would result in an increase of ten percent or more of internal floor area of an existing structure or an additional improvement of ten percent or less where an improvement to the structure had previously been undertaken pursuant to Public Resources Code Section 30610(a), or an increase in height by more than ten percent of an existing structure and/or any significant nonattached structure such as garages, fences, shoreline protective works or docks, and such improvements are to property located: i. Between the sea and the first public road paralleling the sea; ii. Within three hundred feet of the inland extent of any beach or of the mean high tide of the sea where there is no beach, whichever is the greater distance; or iii. In significant scenic resources areas as designated by the commission. d. Any significant alteration of land forms including removal or placement of vegetation on a beach, wetland, or sand dune, or within fifty feet of the edge of a coastal bluff except as provided in subsections B.8, B.9, B.10 and B.11 of this section; e. Expansion or construction of water wells or septic systems. EFFECTIVE DATE: This ordinance shall apply to building permit and minor coastal development permit applications for accessory dwelling units that are received after the effective date of this ordinance, as described below. Outside the Coastal Zone, 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. Within the Coastal Zone, this ordinance shall not be effective until LCPA 2016-0001 is approved by the California Coastal Commission. Page 29 of 30 Page 219 INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the __ day of , 2016, and thereafter PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the __ day of ________ , 2016, by the following vote, to wit: AYES: NOES: ABSENT: APPROVED AS TO FORM AND LEGALITY: CELIA A. BREWER, City Attorney Page 30 of 30 MATI HALL, Mayor BARBARA ENGLESON, City Clerk (SEAL) Page 220 EXHIBIT 3 The City of Carlsbad Planning Division A REPORT TO THE PLANNING COMMISSION Item No. G) P.C. AGENDA OF: July 19, 2017 Application complete date: N/ A Project Planner: Corey Funk Project Engineer: N/A SUBJECT: ZCA 2016-0001/LCPA 2016-0001 (PUB16Y-0002) -SECOND DWELLING UNIT CODE AMENDMENT -A request for recommendation of approval of a Zoning Code Amendment and Local Coastal Program Amendment to make the city's regulation of second dwelling units (now known as accessory dwelling units) consistent with the changes to Government Code Section 65852.2 made by Assembly Bill 2299 (Bloom) and Senate Bill 1069 (Wieckowski). The City Planner has determined that this project is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA} pursuant to Section 21080.17 of the Public Resources Code and Section 15282(h) ofthe CEQA Guidelines, in that Division 13 ofthe Public Resources Code (CEQA) does not apply to the adoption of an ordinance by a city or county to implement the provisions of Section 65852.1 or Section 65852.2 of the Government Code. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 7254 RECOMMENDING APPROVAL of a Zoning Code Amendment ZCA 2016-0001 and Local Coastal Program Amendment LCPA 2016-0001, based on the findings contained therein. II. PROJECT DESCRIPTION AND BACKGROUND This project is a city-initiated Zoning Code Amendment and Local Coastal Program Amendment consisting of amendments to the text of the Municipal Code. With regard to the Local Coastal Program (LCP}, the Zoning Ordinance is the LCP implementing ordinance; therefore an LCP amendment is necessary. However, no portion of the LCP land use plan document is proposed to be amended. In September 2016, Governor Brown signed AB 2299 (Bloom) and SB 1069 (Wieckowski) into law, amending state laws with respect to second dwelling units (Government Code Section 65852.2). The new state law is intended to address the shortage of affordable housing by easing restrictions on accessory dwelling units. The law went into effect on January 1, 2017, and in so doing, made local ordinances null and void. Local agencies are to follow state regulations for accessory dwelling units until a new ordinance is adopted by the local agency that complies with the mandatory provisions of the law. Governor Brown also signed Assembly Bill 2406 (Thurmond), which created a new type of accessory dwelling unit called a junior accessory dwelling unit; however, the provisions of this law are not mandatory for local jurisdictions and at this time staff is not proposing amendments that would implement Assembly Bill 2406. In the changes to state law, the term second units has been changed to accessory dwelling units, and Carlsbad's amendment similarly updates its terminology and now refers to this type of development as accessory dwelling units (ADU). Page 221 ZCA 2016-0001/LCPA 2016-0001 (PUB16Y-0002) SECOND DWELLING UNIT CODE AMENDMENT July 19, 2017 Pa e 2 Government Code Section 65852.2, as amended, contains mandatory provisions that local agencies must implement, and also contains areas of local agency discretion. This report is organized based on this distinction, but also includes other amendments that are related but do not fall into the above two categories. It does not discuss provisions of Section 65852.2 that Carlsbad is already in compliance with, unless a clarification amendment is proposed. Unless modified as allowed by the areas of local agency discretion, the proposed amendments address all mandatory provisions of Section 65852.2. The proposed amendments to the Zoning Ordinance are presented in strikeout/underline format in Attachment 2 and are summarized and analyzed as follows: A. Mandatory provisions TABLE A 1. Timing for approvals Decisions on ADU applications must be completed within 120 days, including Minor Coastal Development Permits within the Coastal Zone (if applicable). 2. ADU types The new law identifies three different types of AD Us: a. Conversions of existing space -AD Us that are created from converting the space of an existing single family home or accessory structure and do not expand the footprint ofthe existing building. This type only applies to conversions of existing space, not to projects that propose to simultaneously construct a new single family home and an ADU as a combined project. b. Attached -ADUs that are attached to an existing single family home similar to a home addition. C. Detached -AD Us that are constructed on the same lot as the primary residence but are free standing buildings or are constructed above a detached garage. 3. Parking Requirement The maximum requirement that a local agency may impose is either one space per unit or one space per bedroom. The required spaces are allowed in setbacks or as tandem spaces. 4. Parking reduction The parking requirement shall not be imposed when: a. The ADU is located within one-half mile of public transit. b. The ADU is located within an architecturally and historically significant historic district. c. The ADU is part of the existing primary residence or an existing accessory structure (conversion ADU -see 2.a above). d. On-street parking permits are required but not offered to the occupant of the accessory dwelling unit. e. There is a car share vehicle located within one block of the accessory dwelling unit. Carlsbad currently does not contain areas that have been designated as architecturally and historically significant historic districts, does not have areas where parking permits are required, nor has any designated car-share parking on any public street; so at this time items b, d and e do not apply. Page 222 ZCA 2016-0001/LCPA 2016-0001 (PUB16Y-0002} SECOND DWELLING UNIT CODE AMENDMENT July 19, 2017 Pa e 3 5. Garage replacement If the garage for the primary residence (single-family dwelling} is demolished parking or converted as part of an ADU project, replacement parking for the garage is allowed in any configuration on the same lot, including but not limited to parking that is covered, uncovered, tandem, or provided by parking lifts. Local agencies cannot require that a new garage be constructed to replace the one that was demolished or converted. 6. Conversion of AD Us that are located within the space of a primary residence or accessory existing space ADUs structure (conversion ADU -see 2.a above} must be approved if they: a. Comply with Building and safety codes. b. Provide independent exterior access. C. Maintain side and rear setbacks sufficient for fire safety 7. Setbacks a. For an existing garage converted to an ADU -no setback is required. b. For an ADU constructed over an existing detached garage -the minimum required setback to side and rear lot lines is five feet. Staff is proposing language that limits item b to garages that existed prior to the effective date ofthe new state law (Jan. 1, 2017). 8. Exterior access AD Us must have independent exterior access 9. Passageway No passageway shall be required. A passageway is a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU. Carlsbad does not currently require passageways; however, staff proposes to add clarification in Title 21. 10. Fire sprinklers AD Us shall not be required to provide fire sprinkle.rs if they are not required for the primary residence. 11. Fees a. For ADUs constructed within the space of a primary residence or accessory structure (conversion ADU -see 2.a above), no separate utility connections can be required, nor can related connection or capacity fees be charged. b. For all other ADUs (attached and detached), separate utility connections can be required, but connection fees or capacity charges shall be proportionate to the burden of the ADU on the water or sewer system. Carlsbad is currently in compliance with state law; however, staff proposes to add clarification in Title 21. B. Areas of Local Agency Discretion TABLE B 1. Maximum size State law limits all types of ADUs to 1,200 square feet, and also limits attached and conversion AD Us to no more than 50% of the living area of the primary residence. Local agencies may establish maximum unit sizes smaller than 1,200 square feet, provided that the regulations don't unreasonably restrict opportunities for ADUs, and that the regulations allow an efficiency unit as defined in Health and Safety Code Section 17958.1. Page 223 ZCA 2016-0001/LCPA 2016-0001 (PUB16Y-0002) SECOND DWELLING UNIT CODE AMENDMENT July 19, 2017 Pa e 4 Recommendation Carlsbad's current regulations limit maximum unit size to 640 square feet, and staff is proposing to keep this limitation unchanged because: a. There is a successful track record of accessory dwelling unit construction within this size limit. Through June 2016 some 382 accessory dwelling units have been constructed, and averaging approximately 20 new ADU's constructed each year over the last three years. Unit sizes have ranges from less than 500 square feet to the maximum 640 square feet. The average ADU size for which data is available is 579 square feet. b. Affordable income-restricted one bedroom apartments in Carlsbad average less than 700 square feet in size. Keeping the ADU limitations at 640 square feet will ensure that ADUs are similar in size to existing affordable one bedroom apartments in Carlsbad. C. Smaller housing units are generally more affordable than larger ones, and therefore keeping the size limitation at 640 square feet is supportive of affordable housing goals. d. Although state law limits attached ADUs to 50% of the living area of the primary residence, there is no percentage relationship to the primary residence for detached ADUs. This could allow a 1,200 square foot ADU on the same property as a slightly larger primary residence. Furthermore, 1,200 square feet could potentially allow two and three bedroom units. Leaving the size limitation at 640 square feet will ensure that AD Us are clearly accessory to the primary residence, and maintain compatibility with the character of existing single-family homes. The proposed amendment also includes the requirement that attached and conversion ADUs be limited to 50% of the living area of the primary residence for consistency with state law. 2. Parking ratio Except for the parking reduction above, local agencies may require one off- street parking space either per unit or per bedroom. Recommendation Carlsbad's current regulations require one space per unit for ADUs, and staff is not proposing a change to this standard. At 640 square feet or less, ADUs are typically studio or one bedroom units. The units of closest comparable size are studio and one bedroom apartments, which are required by Title 21 to provide 1.5 spaces per unit. However, this ratio is typically applied to a multi-unit project. The current standard for ADUs makes sense because ADUs are single unit projects and the ratio must be a whole number. Furthermore, in many single-family neighborhoods, surplus street parking for visitors is available. 3. Definition of public With respect to the above parking reduction (A.4 above), the ADU law does transit not define public transit, leaving this to local agencies to implement depending on their unique conditions. Recommendation Staff is proposing to define public transit as a major transit stop as defined in Public Resources Code Sections 21155(b) and 21064.3, meaning a site containing an existing rail transit station, a ferry terminal served by either a bus or rail transit service, or the intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the Page 224 ZCA 2016-0001/LCPA 2016-0001 (PUB16Y-0002) SECOND DWELLING UNIT CODE AMENDMENT July 19, 2017 Pa e 5 morning and afternoon peak commute periods. Applying this definition would mean that parking for new ADUs within one-half mile of the Carlsbad Village and Poinsettia Coaster stations would not be required. If the ADU doesn't provide off-street parking for the occupant, it should be located in an area where public transit service is adequate to facilitate residents' reliance on transit for primary mobility, rather than automobiles. The above transit stations offer a variety of reliable rail and bus transit options, both local and regional, which increases the likelihood of occupants using this mode for primary mobility. Other areas of Carlsbad have less frequent and varied transit options, and most main east-west roads in Carlsbad do not have bus routes (or the route frequency is extremely limited), which makes it more likely that an ADU occupant will depend on automobiles in these areas. 4. Car share vehicle With respect to the above parking reduction {A.4 above), the ADU law does not define the term car share vehicle, leaving this to local agencies to implement depending on their unique conditions. Recommendation Staff is proposing to define the term car share vehicle as a designated car- sharing pick-up/drop-off location consistent with California Vehicle Code Section 22507.1. At this time, none of these facilities exist in Carlsbad; however, this term should be clarified in case a car sharing facility is developed in the future. 5. Occupancy State law does not require owner occupancy. Local agencies may require applicants to be owner-occupants, and may prohibit ADUs from being used for short-term rentals (terms less than 30 days). Recommendation Carlsbad's current code does not require owner-occupancy for properties that have an ADU. It allows the owner to rent the ADU to a separate tenant while residing on the property, as well as allowing the owner to rent the entire property to a single tenant if the owner chooses to reside elsewhere. Carlsbad Municipal Code already prohibits short-term rentals outside the Coastal Zone, and allows short-term rentals inside the Coastal Zone consistent with California Coastal Commission guidance. Staff is not proposing a change with respect to occupancy for ADUs. C. Other amendments Based on guidance from the California Coastal Commission, improvements such as additions to existing single-family dwellings are generally exempt from Coastal Act permitting requirements except when they involve a risk of adverse environmental effects as specified in the California Coastal Commission's regulations (California Code of Regulations Title 14, Section 13250). With respect to ADUs, to qualify as an exempt improvement to a single-family dwelling, an ADU must be contained within or directly attached to the existing single-family structure or existing accessory structure. Detached ADUs would be subject to a Minor Coastal Development Permit. The proposed amendment to CMC Section 21.201.060 clarifies these requirements, and includes additional changes that are necessary to make Carlsbad's regulations consistent with California Code of Regulations Title 14, Section 13250. Page 225 ZCA 2016-0001/LCPA 2016-0001 (PUB16Y-0002) SECOND DWELLING UNIT CODE AMENDMENT July 19, 2017 Pa e 6 Other amendments are proposed for the purposes of clarification, including a reorganization of the ADU regulations (CMC Section 21.10.030) and clarification that ADUs may only be developed when the property only contains one single family home (no more than one primary dwelling and one accessory dwelling may be developed on a lot). Additionally, amendments are required to Title 20 ofthe Municipal Code. Although amendments to other Municipal Code titles are not subject to Planning Commission review, they are included with the Title 21 amendments in Exhibit A of Attachment 1 and Attachment 2. Ill. ANALYSIS The proposed amendments are consistent with California Government Code 65852.2 and the changes made by AB 2299 and SB 1069, and fully implement the mandatory provisions of state law. The proposed amendments are consistent with the General Plan and directly implement General Plan Housing Element Program 3.15 -Alternative Housing, which commits the city to amending the Second Dwelling Unit Ordinance (Carlsbad Municipal Code Section 21.10.030) as necessary to comply with the mandatory provisions of AB 2299 and SB 1069. The proposed amendments are consistent with the density ranges of the General Plan Land Use and Community Design Element in that, pursuant to Government Code 65852.2, an ADU shall not be considered to exceed the allowable density for the lot upon which it is located. Additionally, the proposed amendments implement the policies of the General Plan, as demonstrated below: 2-G.4 -Provide balanced neighborhoods with a variety of housing types and density ranges to meet the diverse demographic, economic and social needs of residents, while ensuring a cohesive urban form with careful regard for compatibility. 2-P.6-Encourage the provision of lower and moderate-income housing to meet the objectives of the Housing Element. This proposal does not conflict with the Growth Management Plan in that, pursuant to Government Code 65852.2, ADUs shall not be considered in the application of any local ordinance, policy, or program to limit residential growth. Though state law exempts ADUs from the Proposition E growth limitations, their population impacts are factored into facility calculations for City Administrative Facilities, Libraries and Parks. Local Coastal Program Amendment LCPA 2016-0001 is required to bring it into consistency with ZCA 2016- 0001. In addition, pursuant to the California Coastal Commission memorandum regarding new accessory dwelling unit legislation (dated April 18, 2017), conversion and attached ADUs (Types a and b) are considered improvements to single family homes and therefore exempt from minor coastal development permits; and the proposed amendments to CMC 21.201.060 add this clarification. The other amendments to 21.201.060 are required in order to make it consistent with California Code of Regulations Title 14, Section 13250. In summary, this amendment clarifies that improvements to structures located between the first public road and the sea or within 300 feet of a beach or the mean high tide line are not exempt from a minor coastal development permit or coastal development permit if they either increase the interior floor area by 10 percent or more or increase the height by more than 10 percent. Page 226 ZCA 2016-0001/LCPA 2016-0001 (PUB16Y-0002) SECOND DWELLING UNIT CODE AMENDMENT July 19, 2017 Pa e 7 IV. ENVIRONMENTAL REVIEW The City Planner has determined that this project is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 21080.17 of the Public Resources Code and Section 15282(h) of the CEQA Guidelines, in that Division 13 of the Public Resources Code (CEQA) does not apply to the adoption of an ordinance by a city or county to implement the provisions of Section 65852.1 or Section 65852.2 of the Government Code. The proposed amendment implements changes to Section 65852.2 of the Government Code made by Assembly Bill 2299 (Bloom) and Senate Bill 1069 (Wieckowski). A notice of exemption will be filed. ATTACHMENTS: 1. Planning Commission Resolution No. 7254 a. Exhibit A: Ordinance of proposed text changes to Title 20 and 21 of the Carlsbad Municipal Code 2. Proposed text changes to Title 20 and Title 21 of the Carlsbad Municipal Code shown in strikeout/underline format Page 227 ATIACHMENT2 SECOND DWELLING UNIT CODE AMENDMENT PROPOSED TEXT CHANGES TO TITLE 20 AND TITLE 21 OF THE CARLSBAD MUNICIPAL CODE SHOWN IN STRIKEOUT/UNDERLINE FORMAT 1. Amendments general to Title 20 and Title 21 of the Carlsbad Municipal Code a. Throughout Title 20 and Title 21 of the Carlsbad Municipal Code, the term second dwelling unit(s) is proposed to be replaced with accessory dwelling unit(s) b. All section references to 21.04.303 are proposed to be replaced with a reference to 21.04.121. 2. Amendments specific to Title 21 -Zoning AMENDMENTS TO CHAPTER 21.04 DEFINITIONS Section 21.04.121 I 21.04.121 Dwelling unit, accessory A. Accessory dwelling unit means a residential dwelling unit that is all of the following: 1. Located on a lot zoned for residential use, and the lot contains a single one-family dwelling and no other dwelling; and 2. Either detached from or attached to a one-family dwelling, or converted from the existing space of a one-family dwelling or accessory structure; and 3. A dwelling that provides complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. B. If consistent with subsection A of this definition, the following may be considered an accessory dwelling unit: 1. An efficiency unit, as defined in Section 17958.1 of California Health and Safety Code. 2. A manufactured home, as defined in Section 18007 of California Health and Safety Code. 1 Page 228 Section 21.04.303 I :H.Q4.~Q~ §eeeREI ElwelliRg YRit. Second dwelling unit means a residential dwelling unit 11t'hich is attached or detached from the primary dwelling unit on a lot, and which provides complete independent living facilities for one or more persons. It includes permanent provisions for living, sleeping, eating, cooking and sanitation on the same parcel as the single family or "primary" dwelling is situated. AMENDMENTS TO CHAPTER 21.08 R-A RESIDENTIAL AGRICULTURAL ZONE Section 21.08.060 I 21.08.060 Placement of buildings. A. Placement of buildings on any lot shall conform to the following: 1. Interior Lots. a. No building shall occupy any portion of a required yard; b. Any building, any portion of which is used for human habitation, shall observe a distance from any side lot line the equivalent of the required side yard on such lot and from the rear property line the equivalent of twice the required side yard on such lot, except as otherwise permitted for accessory dwell ing units pursuant to Section 21.10.030; c. The distance between buildings used for human habitation and between buildings used for human habitation and accessory buildings shall not be less than ten feet; d. All accessory structures shall comply with the following development standards: i. The lot coverage shall include accessory structures in the lot coverage calculations for the lot, ii. The distance between buildings used for human habitation and accessory buildings shall be not less than ten feet, iii. When proposed on a lot adjoining native vegetation, accessory structures within a fire suppression zone must be reviewed and approved by the fire department, 2 Page 229 iv. Accessory buildings, by definition, do not share a common wall with the main dwelling unit structure, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030, v. Buildings shall not exceed one story, vi. Building height shall not exceed fourteen feet if a minimum roof pitch of 3:12 is provided or ten feet if less than a 3:12 roof pitch is provided; e. Second Accessory dwelling units constructed above detached garages, located within a lot's buildable area, pursuant to Section 21.10.030fftf4t are not subject to the one-story/fourteen-foot height limitation imposed on accessory structures; f. Habitable detached accessory structures shall comply with all requirements of the zone applicable to placement of a dwelling unit on a lot including setbacks. except as otherwise permitted for accessory dwelling un its pursuant to Section 21.10.030; g. Detached accessory structures which are not dwelling units and contain no habitable space, including, but not limited to, garages, workshops, tool sheds, decks over thirty inches above grade and freestanding patio covers shall comply with the following additional development standards when located within a lot's required setback areas: . i. The maximum allowable building area per structure shall not exceed a building coverage of four hundred forty square feet, ii. The following setbacks shall apply: a front yard setback of twenty feet, a rear yard setback of five feet, a side yard setback of five feet and an alley setback of five feet, iii. The maximum plumbing drain size shall be one and one-half inches in diameter so as to prohibit toilets, showers, bathtubs and other similar fixtures, iv. The additional development standards listed above (subsections (A)(l)(g)(i) through (iii) of this section) shall apply to the entire subject accessory structure, not just the portion encroaching into a lot's setback area; and h. The provisions of this section are applicable notwithstanding the permit requirements contained in Section 18.04.015. 2. Corner Lots and Reversed Corner Lots. a. No building shall occupy any portion of a required yard; b. The distance between buildings used for human habitation and between buildings used for human habitation and accessory buildings shall not be less than ten feet; 3 Page 230 c. Any building, any portion of which is used for human habitation, shall observe a distance from the rear property line the equivalent of twice the required interior side yard on such lot, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030; d. All accessory structures shall comply with the following development standards: i. The lot coverage shall include accessory structures in the lot coverage calculations for the lot, ii. The distance between buildings used for human habitation and accessory buildings shall be not less than ten feet, iii. When proposed on a lot adjoining native vegetation, accessory structures within a fire suppression zone must be reviewed and approved by the fire department, iv. Accessory buildings, by definition, do not share a common wall with the main dwelling unit structure, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030, v. Buildings shall not exceed one story, vi. Building height shall not exceed fourteen feet if a minimum roof pitch of 3:12 is provided or ten feet if less than a 3:12 roof pitch is provided; e. SecoRd Accessory dwelling units constructed above detached garages, located withiR a lot's buildable area, pursuant to Section 21.10.030f€.tf4} are not subject to the one-story/fourteen-foot height limitation imposed on accessory structures; f. Habitable detached accessory structures shall comply with all requirements of the zone applicable to placement of a dwelling unit on a lot including setbacks, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030; g. Detached accessory structures which are not dwelling units and contain no habitable space, including, but not limited to, garages, workshops, tool sheds, decks over thirty inches above grade and freestanding patio covers shall comply with the following additional development standards when located within a lot's required setback areas: i. The maximum allowable building area per structure shall not exceed a building coverage of four hundred forty square feet, ii. The following setbacks shall apply: a front yard setback of twenty feet, a rear yard setback of five feet, a side yard setback of five feet and an alley setback of five feet, iii. The maximum plumbing drain size shall be one and one-half inches in diameter so as to prohibit toilets, showers, bathtubs and other similar fixtures, 4 Page 231 iv. The additional development standards listed above (subsections (A)(2)(g)(i) through (iii) of this section) shall apply to the entire subject accessory structure, not just the portion encroaching into a lot's setback area; and h. The provisions of this section are applicable notwithstanding the permit requirements contained in Section 18.04.015. Use AMENDMENTS TO CHAPTER 21.09 R-E RURAL RESIDENTIAL ESTATE ZONE Section 21.09.020 I Table A p CUP Ace Second Accessory dwelling units (subject to Section 21.10.030). +Re X develo13ment standaFds oftl:lis i!OAe shall a1313ly. Section 21.09.100 I 21.09.100 Placement of buildings. Placement of buildings on any lot shall conform to the following: (1) Except as permitted by Sections 21.09.080 and 21.09.090, no building shall occupy any portion of a required yard. (2) Any building, any portion of which is used for human habitation, shall observe a distance from any rear property line the equivalent of twice the required interior side yard , except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030. (3) The distance between buildings used for human habitation and detached accessory buildings shall not be less than ten feet. I ' ' 5 Page 232 (4) The keeping of all domestic animals provided for in this chapter shall conform to all other provisions of law governing the same, and no pen, coop, stable or barn shall be erected within forty feet of any building used for human habitation or within twenty-five feet of any property line. (5) A building permit for a dwelling unit to be located further than five hundred feet from a fire hydrant shall not be issued without the approval of the fire chief. The fire chief may require the installation of additional safety equipment, including fire hydrants or stand pipes, as a condition of such approval. Sections: 21.10.010 Intent and purpose 21.10.020 Permitted uses 21.10.030 Second Accessory dwelling units 21.10.040 Home occupations 21.10.050 Building height 21.10.060 Front yard 21.10.070 Side yards 21.10.080 Placement of buildings 21.10.090 Minimum lot area 21.10.100 lot width 21.10.110 lot coverage 21.10.120 Development standards 21.10.125 Farmworker housing complex standards 21.10.130 Severability AMENDMENTS TO CHAPTER 21.10 R-1 ONE-FAMILY RESIDENTIAL ZONE List of Sections I 6 Page 233 Section 21.10.030 I 21.10.030 SeeeAa Accessory 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 SeEeAG accessory dwelling units. B. The provisions of this section shall apply only to lots that: single family zones R .'\, R E: anel R 1, areas Elesignateel ey a master plan for single family Eletacheel swellings in P C zones aAEl lots within m1:1ltifamily zones R 2, R 3, R P, R T, R W anel RD M, which are ele,,ielopeel with single family resielences. 1. Are zoned for residential use (where residential use is the primary intended use of the zone); and 2. Contain, or are proposed to contain, a single one-family dwelling (primary dwelling) and no other dwellings exists on the lot. C. Permit requirements. 1. Accessory Seconel dwelling units developed within the coastal zone req1:1ire a minor coastal Ele>,,<elopment permit iss1:1eel accoreling to the pro,,isions of Section 21.201.080 are subject to the permit requirements of Chapter 21.201 and require a building permit. 2. Accessory Seconel dwelling units outside of the coastal zone require a building permit . .1. f).,. The completed minor coastal Elevelopment permit anel/or 01:1ileling permit application for arr accessory SeEeAG dwelling unit shall include the following information: -l~. The name(s) of the owner(s); l-b. The address of the dwelling units; J.~. The assessor's parcel number; 4_g_. Building elevations and a general floor plan of the SeEeAG accessory dwelling unit; ~g_. A scaled drawing showing the lot dimensions, the location of the primary and seconel accessory dwelling unit, location of all vehicular parking and the total square footage of both units; ef. Description and location of water and sanitary (sewer) services; and 7 Page 234 +g. An owner signed and notarized a notice of restriction, to be recorded against the property, declaring that: al. The property owner(s) shall reside in either the mam primary dwelling unit or the second accessory dwelling unit, unless a lessee leases both the mam primary dwelling and the se€eR6 accessory dwelling unit; and bl!. The obligations and restrictions imposed on the se€eR6 accessory dwelling unit per this chapter are binding on all present and future property owners. 4. All applications for accessory dwelling units shall be acted on ministerially, without discretionary review or a hearing (notwithstanding concurrent applications such as a variance or special use permit). within 120 days after submittal of the permit application. 5. Notwithstanding the requirements of subsection D of this section, a building permit application for an accessory dwelling unit shall be approved ministerially, and no new or separate utility connection shall be required between the accessory dwelling unit and the utility, and no related utility connection fee or capacity charge shall be required, if: a. The accessory dwelling unit is converted from the existing space of the primary dwelling unit or an accessory structure (this applies only to primary dwellings and accessory structures that existed on the lot at the time of application submittal); and b. The accessory dwelling unit has independent exterior access from the primary dwelling; c. Side and rear setbacks are sufficient for fire safety. 6. No other local ordinance, policy, or regulation shall be the basis for the denial of a building permit or minor coastal development permit under this section. f .Q. Requirements for accessory Second dwelling units~ shall comply with the following: 1. An accessory dwell ing unit shall only be permitted on a lot that: al is zoned for residential use (where residential use is the primary intended use of the zone). and bl contains a single one-family dwelling (primary dwelling) and no other dwelling exists on the lot (if no primary dwelling exists, a primary one-family dwelling shall be constructed prior to or concurrent with the accessory dwelling unit). 2. The se€eR6 accessory dwelling unit shall be located on the same lot as the primary dwelling unit and etthef may be detached, attached or converted from the existing space of the primary dwelling unit or an accessory structure. attached to the main dwelling 1:1nit and located within the habitable area ofthe main dwelling 1:1nit or detached from the main dwelling 1:1nit and located on the same lot as the main dwelling 1:1nit; ~J. The second dwelling 1:1nit shall have a separate entrance; The total area of floor space for a detached accessory dwelling unit shall not exceed six hundred forty square feet. For accessory dwelling units that are attached or converted from the existing space of the primary dwelling unit or an accessory 8 Page 235 structure. the total area of floor space shall not exceed fifty percent of the living area of the primary dwelling unit, up to six hundred forty square feet. ~-The 5e€e-A-G accessory dwelling unit must meet the setback, lot coverage and other development standards applicable to the zone which are not addressed within this ~section. In the coastal zone, any housing developFAent processed pursuant to this chapter accessory dwelling units shall be consistent with all certified local coastal program provisions, with the exception of density, or as otherwise specified within this ~section~t 4~. Attached second accessory dwelling units shall conform to the height limits applicable to the zone and detached 5e€e-A-G accessory dwelling units shall be limited to one story, except that second accessory dwelling units constructed above detached garages shall be permitted and shall conform to the height limits applicable to the zone~t ~§.. Garage conversions are prohil3ited unless replaceFAent off street garage parking is provided concurrently and in coFApliance with the requireFAents of Chapter~ No setback shall be required for an existing garage that is converted to an accessory dwelling unit, and a setback of no more than five feet from the side and rear lot lines shall be required for an accessory dwelling unit that is constructed above a garage that existed prior to January 1. 2017. €i. Second dwelling units shall not 13e perFAitted on a lot or parcel ha>1ing guest or accessory living quarters, or a residential care facility. histing guest or accessory living quarters FAay 13e converted into a second dwelling unit provided that all ioning and structural requireFAents are FAet; 7. The accessory dwelling unit shall have an exterior access that is independent from the exterior access to the primary dwelling. 8. A pathway from the street to the entrance of an accessory dwelling unit shall not be required. 9. The accessory dwelling unit shall be architecturally compatible with the main dwelling unit, in terms of appearance, materials and finished quality. +10. One additional paved off street (covered or uncovered) parking space shall 13e provided for the second dwelling unit and shall comply with the requireFAents of Chapter 21.44. The additional parking space FAay 13e provided through tandeFA parking (provided that the garage is set 13ack a FAiniFAuFA of twenty feet froFA the property line) or in the front yard setl3ack; Parking for the primary dwelling unit and the accessory dwelling un it sha ll be provided pursuant to Chapter 21.44 of this title. except as follows: a. An existing parking structure, including a garage, may be converted to an accessory dwelling unit or demolished in con junction with the construction of an accessory dwelling un it. Any loss of required parking for the primary dwelling shall be replaced; the replacement spaces are not required to be provided in a garage and may be located in any configuration on the lot, including but not limited to covered, uncovered or tandem spaces, or by the use of mechanical automobile parking lifts. 9 Page 236 b. Parking for an accessory dwelling unit shall not be required in the following instances: i. The accessory dwelling unit is proposed to be converted from the existing space of the primary dwelling unit or an accessory structure. ii. The location of the proposed accessory dwelling unit is within one-half mile of a major transit stop as defined in the California Public Resources Code (subdivision (bl of Section 21155). iii. The location of the proposed accessory dwelling unit is within one block of a designated car share pick up and drop off location. iv. The location of the proposed accessory dwelling unit is within an architecturally and historically significant historic district. v. When on-street parking permits are required but not offered to the occupant of the proposed accessory dwelling. &11. Adequate water and sewer capacity and facilities for the 5eeeR4 accessory dwelling unit must be available or made available7. Accessory dwelling units shall not be considered new residential uses for the purposes of calculating connection fees or capacity charges for utilities. Any utility connection fee or charge shall be proportionate to the burden of the proposed accessory dwelling unit upon the water or sewer system; and the fee or charge shall not exceed the reasonable cost of providing the service. fH 2. All necessary public facilities and services must be available or made available_j 13. Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary dwelling unit. 14. Carlsbad building code requirements that apply to detached one-family dwellings shall apply to accessory dwelling units as appropriate . .W15. The 5e€9fl6 accessory 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 5e€0flG accessory 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~t 11. Hie total area of floor space for an attached or detached second ~rnit shall not eicceed six h1,rndred forty sq1:1are feet; 12. The second dwelling 1:1nit shall be architect1:1rally compatible with the main dwelling 1:1nit, in terms of appearance, materials and finished q1:1ality; g 16. An accessory 5eeeR4 dwelling unit which conforms to the req1:1irements of this section shall be allowed to exceed the permitted density for the lot 1:1pon which it is located and shall be deemed 10 Page 237 to be a residential 1:1se consistent with the density req1:1irernents of the general plan and the zoning designation for the lot; a. Shall be considered a residential accessory use or accessory structure that is consistent with the general plan or zoning designations for the lot; b. Shall not be considered a dwelling unit when implementing general plan residentia l density policies; and c. Shall not be considered a dwelling unit when implementing the dwelling unit limitations established by Proposition E enacted by Carlsbad voters on November 4, 1986. -1417. Second Accessory dwelling units intended to satisfy an inclusionary requirement shall comply with the requirements of Chapter 21.85, including but not limited to the applicable rental rates and income limit standards. Section 21.10.080 I 21.10.080 Placement of buildings. A. Placement of buildings on any lot shall conform to the following: 1. Interior Lots. a. No building shall occupy any portion of a required yard; b. Any building, any portion of which is used for human habitation, shall observe a distance from any side lot line the equivalent of the required side yard and from the rear property line the equivalent of twice the required side yard on such lot, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030; c. The distance between buildings used for human habitation and between buildings used for human habitation and accessory buildings shall be not less than ten feet; d. All accessory structures shall comply with the following development standards: i. The lot coverage shall include accessory structures in the lot coverage calculations for the lot, ii. The distance between buildings used for human habitation and accessory buildings shall be not less than ten feet, iii. When proposed on a lot adjoining native vegetation, accessory structures within a fire suppression zone must be reviewed and approved by the fire department, 11 Page 238 iv. Accessory buildings, by definition, do not share a common wall with the main dwelling unit structure, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030, v. Buildings shall not exceed one story, vi. Building height shall not exceed fourteen feet if a minimum roof pitch of 3:12 is provided or ten feet if less than a 3:12 roof pitch is provided; e. ~econd Accessory dwelling units constructed above detached garages, located within a lot's b1:1ildable area , pursuant to Section 21.10.030~ are not subject to the one-story/fourteen-foot height limitation imposed on accessory structures; f. Habitable detached accessory structures shall comply with all requirements of the zone applicable to placement of a dwelling unit on a lot including setbacks, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030; g. Detached accessory structures which are not dwelling units and contain no habitable space, including, but not limited to, garages, workshops, tool sheds, decks over thirty inches above grade and freestanding patio covers shall comply with the following additional development standards when located within a lot's required setback areas: i. The maximum allowable building area per structure shall not exceed a building coverage of four hundred forty square feet, ii. The following setbacks shall apply: a front yard setback of twenty feet, a rear yard setback of five feet, a side yard setback of five feet, and an alley setback of five feet, iii. The maximum plumbing drain size shall be one and one-half inches in diameter so as to prohibit toilets, showers, bathtubs and other similar fixtures, iv. The additional development standards listed above (subsections (A)(l)(g)(i) through (iii) of this section) shall apply to the entire subject accessory structure, not just the portion encroaching into a lot's setback area; and h. The provisions of this section are applicable notwithstanding the permit requirements contained in Section 18.04.015. 2. Corner Lot and Reversed Corner Lots . a. No building shall occupy any portion of a required yard; b. The distance between buildings used for human habitation and between buildings used for human habitation and accessory buildings shall be not less than ten feet; 12 Page 239 c. Any building, any portion of which is used for human habitation shall observe a distance from the rear property line to the equivalent of twice the required interior side yard on such lot, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030; d. All accessory structures shall comply with the following development standards: i. The lot coverage shall include accessory structures in the lot coverage calculations for the lot, ii. The distance between buildings used for human habitation and accessory buildings shall be not less than ten feet, iii. When proposed on a lot adjoining native vegetation, accessory structures within a fire suppression zone must be reviewed and approved by the fire department, iv. Accessory buildings, by definition, do not share a common wall with the main dwelling unit structure, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030, v. Buildings shall not exceed one story, vi. Building height shall not exceed fourteen feet if a minimum roof pitch of 3:12 is provided or ten feet if less than a 3:12 roof pitch is provided; e. Second Accessory dwelling units constructed above detached garages, located witRin a lot's buildable area, pursuant to Section 21.10.030f€tt.4t are not subject to the one-story/fourteen-foot height limitation imposed on accessory structures; f. Habitable detached accessory structures shall comply with all requirements of the zone applicable to placement of a dwelling unit on a lot including setbacks, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030; g. Detached accessory structures which are not dwelling units and contain no habitable space, including, but not limited to, garages, workshops, tool sheds, decks over thirty inches above grade and freestanding patio covers shall comply with the following additional development standards when located within a lot's required setback areas: i. The maximum allowable building area per structure shall not exceed a building coverage of four hundred forty square feet, ii. The following setbacks shall apply: a front yard setback oftwenty feet, a rear yard setback of five feet, a side yard setback of five feet, and an alley setback of five feet, iii. The maximum plumbing drain size shall be one and one-half inches in diameter so as to prohibit toilets, showers, bathtubs and other similar fixtures, 13 Page 240 iv. The additional development standards listed above (subsections (A)(2)(g)(i) through (iii) of this section) shall apply to the entire subject accessory structure, not just the portion encroaching into a lot's setback area; and h. The provisions of this section are applicable notwithstanding the permit requirements contained in Section 18.04.015. AMENDMENTS TO CHAPTER 21.12 R-2 TWO-FAMILY RESIDENTIAL ZONE Section 21.12.060 I 21.12.060 Placement of buildings. A. Placement of buildings on any lot shall conform to the following: 1. Interior Lots. a. No building shall occupy any portion of a required yard; b. Any building, any portion of which is used for human habitation, shall observe a distance from any side lot line the equivalent of the required side yard on such lot and from the rear property line the equivalent of twice the required side yard on the same lot, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030; c. The distance between buildings used for human habitation and between buildings used for human habitation and accessory buildings shall be not less than ten feet; d. All accessory structures shall comply with the following development standards: i. The lot coverage shall include accessory structures in the lot coverage calculations for the lot, ii. The distance between buildings used for human habitation and accessory buildings shall be not less than ten feet, iii. When proposed on a lot adjoining native vegetation, accessory structures within a fire suppression zone must be reviewed and approved by the fire department, 14 Page 241 iv. Accessory buildings, by definition, do not share a common wall with the main dwelling unit structure, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030, v. Buildings shall not exceed one story, vi. Building height shall not exceed fourteen feet if a minimum roof pitch of 3:12 is provided or ten feet if less than a 3:12 roof pitch is provided; e. ~econd Accessory dwelling units constructed above detached garages, located witl:1in a lot's s1:1ildasle area, pursuant to Section 21.10.030f€H4t are not subject to the one-story/fourteen-foot height limitation imposed on accessory structures; f. Habitable detached accessory structures shall comply with all requirements of the zone applicable to placement of a dwelling unit on a lot including setbacks, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030; g. Detached accessory structures which are not dwelling units and contain no habitable space, including, but not limited to, garages, workshops, tool sheds, decks over thirty inches above grade and freestanding patio covers shall comply with the following additional development standards when located within a lot's required setback areas: i. The maximum allowable building area per structure shall not exceed a building coverage of four hundred forty square feet, ii. The following setbacks shall apply: a front yard setback of twenty feet, a rear yard setback of five feet, a side yard setback of five feet, and an alley setback of five feet, iii. The maximum plumbing drain size shall be one and one-half inches in diameter so as to prohibit toilets, showers, bathtubs and other similar fixtures; and iv. The additional development standards listed above (subsections (A)(l)(g)(i) through (iii) of this section) shall apply to the entire subject accessory structure, not just the portion encroaching into a lot's setback area; and h. The provisions of this section are applicable notwithstanding the permit requirements contained in Section 18.04.015. 2. Corner Lots and Reversed Corner Lots. a. No building shall occupy any portion of a required yard; b. The distance between buildings used for human habitation and between buildings used for human habitation and accessory buildings shall be not less than ten feet; 15 Page 242 c. Any building, any portion of which is used for human habitation shall observe a distance from the rear property line the equivalent of twice the required interior side yard on such lot, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030; d. All accessory structures shall comply with the following development standards: i. The lot coverage shall include accessory structures in the lot coverage calculations for the lot, ii. The distance between buildings used for human habitation and accessory buildings shall be not less than ten feet, iii. When proposed on a lot adjoining native vegetation, accessory structures within a fire suppression zone must be reviewed and approved by the fire department, iv. Accessory buildings, by definition, do not share a common wall with the main dwelling unit structure, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030, v. Buildings shall not exceed one story, vi. Building height shall not exceed fourteen feet if a minimum roof pitch of 3:12 is provided or ten feet if less than a 3:12 roof pitch is provided; e. Second Accessory dwelling units constructed above detached garages, located within a lot's buildable area, pursuant to Section 21.10.030fet{4t are not subject to the one-story/fourteen-foot height limitation imposed on accessory structures; f. Habitable detached accessory structures shall comply with all requirements of the zone applicable to placement of a dwelling unit on a lot including setbacks, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030; g. Detached accessory structures, which are not dwelling units and contain no habitable space, including, but not limited to, garages, workshops, tool sheds, decks over thirty inches above grade and freestanding patio covers shall comply with the following additional development standards when located within a lot's required setback areas: i. The maximum allowable building area per structure shall not exceed a building coverage of four hundred forty square feet, ii. The following setbacks shall apply: a front yard setback of twenty feet, a rear yard setback offive feet, a side yard setback offive feet, and an alley setback offive feet, iii. The maximum plumbing drain size shall be one and one-half inches in diameter so as to prohibit toilets, showers, bathtubs and other similar fixtures, and 16 Page 243 iv. The additional development standards listed above (subsections (A)(2)(g)(i) through (iii) of this section) shall apply to the entire subject accessory structure, not just the portion encroaching into a lot's setback area; and h. The provisions of this section are applicable notwithstanding the permit requirements contained in Section 18.04.015. AMENDMENTS TO CHAPTER 21.16 R-3 MULTIPLE-FAMILY RESIDENTIAL ZONE Section 21.16.060 I 21.16.060 Placement of buildings. A. Placement of buildings on any lot shall conform to the following: 1. Interior Lots. a. No building shall occupy any portion of a required yard; b. Any building, any portion of which is used for human habitation shall observe a distance from any side lot line the equivalent of the required side yard on such lot and from the rear property line the equivalent of twice the required side yard on such lot, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030; c. The distance between buildings used for human habitation and between buildings used for human habitation and accessory buildings shall be not less than ten feet; d. All accessory structures shall comply with the following development standards: i. The lot coverage shall include accessory structures in the lot coverage calculations for the lot, ii. The distance between buildings used for human habitation and accessory buildings shall be not less than ten feet, iii. When proposed on a lot adjoining native vegetation, accessory structures within a fire suppression zone must be reviewed and approved by the fire department, iv. Accessory buildings, by definition, do not share a common wall with the main dwelling unit structure, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030, 17 Page 244 v. Buildings shall not exceed one story, vi. Building height shall not exceed fourteen feet if a minimum roof pitch of 3:12 is provided or ten feet if less than a 3:12 roof pitch is provided; e. Second Accessory dwelling units constructed above detached garages, located within a lot's l:n,1ildal31e area, pursuant to Section 21.10.030f€H4+ are not subject to the one-story/fourteen-foot height limitation imposed on accessory structures; f. Habitable detached accessory structures shall comply with all requirements of the zone applicable to placement of a dwelling unit on a lot including setbacks, except as otherwise permitted for accessory dwelli ng units pursuant to Section 21.10.030; g. Detached accessory structures which are not dwelling units and contain no habitable space, including, but not limited to, garages, workshops, tool sheds, decks over thirty inches above grade and freestanding patio covers shall comply with the following additional development standards when located within a lot's required setback areas: i. The maximum allowable building area per structure shall not exceed a building coverage of four hundred forty square feet, ii. The following setbacks shall apply: A front yard setback of twenty feet, a rear yard setback of five feet, a side yard setback offive feet, and an alley setback offive feet, iii. The maximum plumbing drain size shall be one and one-half inches in diameter so as to prohibit toilets, showers, bathtubs and other similar fixtures; iv. The additional development standards listed above (subsections (A)(l)(g)(i) through (iii) of this section) shall apply to the entire subject accessory structure, not just the portion encroaching into a lot's setback area; and h. The provisions of this section are applicable notwithstanding the permit requirements contained in Section 18.04.015. 2. Corner Lots and Reversed Corner Lots . a. No building shall occupy any portion of a required yard; b. The distance between buildings used for human habitation and between buildings used for human habitation and accessory buildings shall be not less than ten feet; c. Any building, any portion of which is used for human habitation shall observe a distance from the rear property line the equivalent of twice the required interior side yard on such lot, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030; d. All accessory structures shall comply with the following development standards: 18 Page 245 i. The lot coverage shall include accessory structures in the lot coverage calculations for the lot, ii. The distance between buildings used for human habitation and accessory buildings shall be not less than ten feet, iii. When proposed on a lot adjoining native vegetation, accessory structures within a fire suppression zone must be reviewed and approved by the fire department, iv. Accessory buildings, by definition, do not share a common wall with the main dwelling unit structure, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030, v. Buildings shall not exceed one story, vi. Building height shall not exceed fourteen feet if a minimum roof pitch of 3:12 is provided or ten feet if less than a 3:12 roof pitch is provided; e. SecoRd Accessory dwelling units constructed above detached garages, located v,·ithiR a lot's buildable area, pursuant to Section 21.10.030fftf4} are not subject to the one-story/fourteen-foot height limitation imposed on accessory structures; f. Habitable detached accessory structures shall comply with all requirements of the zone applicable to placement of a dwelling unit on a lot including setbacks, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030; g. Detached accessory structures which are not dwelling units and contain no habitable space, including, but not limited to, garages, workshops, tool sheds, decks over thirty inches above grade and freestanding patio covers shall comply with the following additional development standards when located within a lot's required setback areas: i. The maximum allowable building area per structure shall not exceed a building coverage of four hundred forty square feet, ii. The following setbacks shall apply: A front yard setback of twenty feet, a rear yard setback of five feet, a side yard setback of five feet, and an alley setback of five feet, iii. The maximum plumbing drain size shall be one and one-half inches in diameter so as to prohibit toilets, showers, bathtubs and other similar fixtures, iv. The additional development standards listed above (subsections (A)(2)(g)(i) through (iii) of this section) shall apply to the entire subject accessory structure, not just the portion encroaching into a lot's setback area; and h. The provisions of this section are applicable notwithstanding the permit requirements contained in Section 18.04.015. 19 Page 246 lot; AMENDMENTS TO CHAPTER 21.18 R-P RESIDENTIAL PROFESSIONAL ZONE Section 21.18.030 A.7 through A.12 7. All accessory structures shall comply with the following development standards: a. The lot coverage shall include accessory structures in the lot coverage calculations for the b. The distance between buildings used for human habitation and accessory buildings shall be not less than ten feet; c. When proposed on a lot adjoining native vegetation, accessory structures within a fire suppression zone must be reviewed and approved by the fire department; d. Accessory buildings, by definition, do not share a common wall with the main dwelling unit structure, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030; e. Buildings shall not exceed one story; and f. Building height shall not exceed fourteen feet if a minimum roof pitch of 3:12 is provided or ten feet if less than a 3:12 roof pitch is provided. 8. SecoAel Accessory dwelling units constructed above detached garages, locateel witl:1iA a lot's bui lelable area, pursuant to Section 21.10.030f€-tf4t are not subject to the one-story/fourteen-foot height limitation imposed on accessory structures. 9. Habitable detached accessory structures shall comply with all requirements of the zone applicable to placement of a dwelling unit of a lot including setbacks, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030. 10. Detached accessory structures, which are not dwelling units and contain no habitable space, including, but not limited to, garages, workshops, tool sheds, decks over thirty inches above grade and freestanding patio covers shall comply with the following additional development standards when located within a lot's required setback areas: a. The maximum allowable building area per structure shall not exceed a building coverage of four hundred forty square feet; 20 Page 247 b. The following setbacks shall apply: A front yard setback of twenty feet, a rear yard setback of five feet, a side yard setback of five feet, and an alley setback of five feet; c. The maximum plumbing drain size shall be one and one-half inches in diameter so as to prohibit toilets, showers, bathtubs and other similar fixtures; and d. The additional development standards listed above (subsections A.10.a. through c. of this section) shall apply to the entire subject accessory structure, not just the portion encroaching into a lot's setback area. 11. The provisions of this section are applicable notwithstanding the permit requirements contained in Section 18.04.015. 12. Except for an accessory structure which is not a dwelling unit and contains no habitable space and complies with the development standards specified in this chapter, no building shall be located in any of the required yards, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030. AMENDMENTS TO CHAPTER 21.20 R-T RESIDENTIAL TOURIST ZONE Use Second Accessory dwelling units are permitted according to the provisions of Section 21.10.030 of this title on lots7 which are developed with ~ detached single-family residences. +Re develo13FRent standaFds ohl:lis i!one sl:lall a1313ly. Section 21.20.010 I Table A p CUP Ace X 21 Page 248 lot. Section 21.20.080 I (1) and (2) (1) All accessory structures shall comply with the following development standards: (A) The lot coverage shall include accessory structures in the lot coverage calculations for the (B) The distance between buildings used for human habitation and accessory buildings shall be not less than ten feet. (C) When proposed on a lot adjoining native vegetation, accessory structures within a fire suppression zone must be reviewed and approved by the fire department. (D) Accessory buildings, by definition, do not share a common wall with the main dwelling unit structure, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030. (E) Buildings shall not exceed one story. (F) Building height shall not exceed fourteen feet if a minimum roof pitch of 3:12 is provided or ten feet if less than a 3:12 roof pitch is provided. (G) Second Accessory dwelling units constructed above detached garages, located 1,vithin a lot's buildable area, pursuant to Section 21.10.030ff-tf4t are not subject to the one-story/fourteen-foot height limitation imposed on accessory structures. (2) Habitable detached accessory structures shall comply with all requirements of the zone applicable to placement of a dwelling unit on a lot including setbacks, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030. lot; AMENDMENTS TO CHAPTER 21.22 R-W RESIDENTIAL WATERWAY ZONE Section 21.22.070 I A and B A. All accessory structures shall comply with the following development standards: 1. The lot coverage shall include accessory structures in the lot coverage calculations for the 22 Page 249 2. The distance between buildings used for human habitation and accessory buildings shall be not less than ten feet; 3. When proposed on a lot adjoining native vegetation, accessory structures within a fire suppression zone must be reviewed and approved by the fire department; 4. Accessory buildings, by definition, do not share a common wall with the main dwelling unit structure, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030; 5. Buildings shall not exceed one story; 6. Building height shall not exceed fourteen feet if a minimum roof pitch of 3:12 is provided or ten feet if less than a 3:12 roof pitch is provided; and 7. ~econd Accessory dwelling units constructed above detached garages, located within a lot's buildable area, pursuant to Section 21.10.030ffH4.t are not subject to the one-story/fourteen-foot height limitation imposed on accessory structures. B. Habitable detached accessory structures shall comply with all requirements of the zone applicable to placement of a dwelling unit on a lot including setbacks, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030. lot; AMENDMENTS TO CHAPTER 21.24 RD-M RESIDENTIAL DENSITY-MULTIPLE ZONE Section 21.24.090 I A through C A. All accessory structures shall comply with the following development standards: l. The lot coverage shall include accessory structures in the lot coverage calculations for the 2. The distance between buildings used for human habitation and accessory buildings shall be not less than ten feet; 3. When proposed on a lot adjoining native vegetation, accessory structures within a fire suppression zone must be reviewed and approved by the fire department; 23 Page 250 4. Accessory buildings, by definition, do not share a common wall with the main dwelling unit structure, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030; 5. Buildings shall not exceed one story; and 6. Building height shall not exceed fourteen feet if a minimum roof pitch of 3:12 is provided or ten feet if less than a 3:12 roof pitch is provided. B. Second Accessory dwelling units constructed above detached garages, located within a lot's buildable area, pursuant to Section 21.10.030~ are not subject to the one-story/fourteen-foot height limitation imposed on accessory structures. C. Habitable detached accessory structures shall comply with all requirements of the zone applicable to placement of a dwelling unit on a lot including setbacks, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030. AMENDMENTS TO CHAPTER 21.441 PARKING Section 21.44.020 I Table A The number of off-street parking spaces required for one1amily dwellings and second dwelling units are proposed to be amended as follows: Use Number of Off-Street Parking Spaces Two spaces per unit, provided as either: • a-~two-car garage (minimum interior 20 feet x 20 feet); or One-family • tw&-Two separate one-car garages (minimum interior dwellings 12 feet x 20 feet each)~ • As otherwise permitted, pursuant to Section 21.10.030 of this title. when a garage is converted to an accessory Residential Uses dwelling unit. 1 space (covered or uncovered), in addition to the parking required for the primary use (single, one-family dwellingt unless otherwise specified in Section 21.10.030 of this code. Second Accessory The additional parking space may be provided through dwelling units tandem parking on a driveway (provided that the one family dwelling garage is accessed by a dri11e1,vay with a minimum depth of ;rn feet), or and may be within the front or side yard setback 24 Page 251 Section 21.44.060 I Table C The location standards for required parking spaces for second dwelling units are proposed to be amended as follows: Parking Required For: One-family, two- family, and multiple- family dwellings ResiEleniial Yse GaFages feF ene faFRil•,• anEI '""'e faFRily Elwellings GaFages feF FR1::1liiple faFRil•t Elwellings lif pFe•,iEleEI feF FCE11::1iFeEI paFking) Location Standards For Required Parking Spaces Same as parking required for primary residential use, with the following exceptions: • Second Accessory dwelling units • May be located in the front or side yard setback; and May be located as a tandem space on a driveway in fFont of tl:le 13riA'laPy Fesidence's gaFage {13Fo,.•ided tl:le gaFage is set aacl~ a Fl'liniA'l1:1Fl'l of 2Q feet froA'l tl:le 13ro13eFt1; line). Section 21.44.060 I Table D Table D -Residential Garage Standards ~ Garage Standard +!:le t•.vo FeEJ1:1iFed 13aFl~ing s13aces 13eF 1:1nit sl:lall ae 13Fovided witl:lin eitl:leF: • /\ h¥o car garage witl:l a Fl'liniA'll:IA'l interior diA'lension of 2Q foet ay 2Q foet; ef • +>,•,•o one caF garages witl:l inteFior diA'lensions of 12 feet B',' 2Q feet eacl:l . One-car garage Minimum interior dimensions of 12 feet by 20 feet. Two-car garage (both spaces Minimum interior dimensions of 20 feet by 20 for same unit) feet. Each separate, one-car garage shall have interior dimensions of 12 feet by 20 feet, exclusive of supporting columns. Multiple one-car garages in As a minimum, each space shall be separated one structure from the adjacent garage, floor to ceiling, by a permanent stud partition with Yi-inch gypsum board on one side, where no additional fire protection is required. Each parking space shall maintain a standard stall size of 8.5 feet by 20 feet, exclusive of Enclosed parking garage with supporting columns or posts. multiple, open parking spaces A backup distance of 24 feet shall be maintained in addition to a minimum 5 feet turning bump-out located at the end of any stall series. 25 Page 252 Section 21.44.060 I Table E For one-family dwellings on individual lots, the standard for where vehicles can be parked is proposed to be amended as follows: Type of Vehicle Where Vehicles Can Be Parked One-family, two-Garage family, and multiple-Covered or uncovered parking spaces provided as required family dwellings for the dwelling unit In the required front yard on a paved driveway or parking area that: 1. Does not exceed 30% of the required front yard area; Passenger vehicles, One-family dwellings or and light-duty on individual lots (in 2. Is comprised of 24 feet of width extended from the commercial vehicles addition to parking property line to the rear of the required front yard, used as a principal spaces 13roviEleEI as whichever is greater. means of required ~ A paved area between the required front yard and the transportation by an ElwelliAg pursuant to actual front of the building, as long as it is an extension occupant of the Table A of this and does not exceed the width of the area described dwelling chapter or as above. otherwise permitted Any other area of the lot provided that they are screened pursuant to Section 21.10.030 of this from view from the public right-of-way. code) For corner lots, the provisions of this subsection shall apply to the required street side yard; however, in no case, shall the provisions of this section allow parking in both the required front yard and the required street side yard. 26 Page 253 AMENDMENTS TO CHAPTER 21.45 PLANNED DEVELOPMENTS Section 21.45.090 I Table F Table F -Residential Additions and Accessory Uses to One-Family Dwellings and Twin-Homes on Small Lots Minimum Front Yard Minimum Side and Rear Addition/ Accessory Use Setback Yard Setbacks 10 feet to posts 5 feet to posts Attached/detached patio covers(2l {2-foot overhang {2-foot overhang permitted) permitted) Pool, spa -20 feet 5 feet -pool 2 feet -spa Non-habitable detached accessory buildings/structures 20 feet 5 feet {e.g., garages, workshops, decks over 30 inches in height)(1l,(2l,(3l Habitable detached accessory buildings Same setbacks as required for the primary {i.e. guest houses and second dwelling units)'2l. (3l, (4l dwelling Additions to dwelling {attached) Same setbacks as required for the dwelling Notes: {l) Maximum building height is 1 story and 14 feet with a 3:12 roof pitch or 10 feet with less than a 3:12 roof pitch. {2) Minimum 10-foot separation required between a habitable building and any other detached accessory building/structure. {3) Must be architecturally compatible with the existing structure. {4) Except as otherwise permitted for accessory dwelling units pursuant to Second dwell ing units are subject to Section 21.10.030. 27 Page 254 AMENDMENTS TO CHAPTER 21.201 COASTAL DEVELOPMENT PERMIT PROCEDURES Section 21.201.060 I A and B.1 A. For the purposes of subsection 8.1 of this section, an existing single-family residential building shall include~ 1. All al4 appurtenances and other accessory structures, including decks, directly attached to the residence; 2. Aaccessory structures or improvements on the property normally associated with residences, such as garages, swimming pools, fences and storage sheds, but not including guest houses or self-contained residential units that are detached from an existing single-family residential building; 3. Uandscaping on the lot. B. Exemptions. The following projects are exempt from the requirements of a minor coastal development permit and coastal development permit: 1. Improvements to an existing single-family residential building, including an accessory dwelling unit that is attached to the primary residence, or converted from the existing space of a primary · residence or accessory structure, except: a. On a beach, wetland or seaward of the mean high tide line; b. Where the residence or proposed improvement would encroach within fifty feet of the edge of a coastal bluff; c. Improvements that would result in an increase of ten percent or more of internal floor area of an existing structure or an additional improvement of ten percent or less where an improvement to the structure had previously been undertaken pursuant to Public Resources Code Section 30610(a), or an increase in height by more than ten percent of an existing structure and/or any significant nonattached structure such as garages, fences, shoreline protective works or docks, and such improvements are to GR property located~ i. between the sea and the first public road paralleling the sea~ lL. ef within three hundred feet of the inland extent of any beach or of the mean high tide of the sea where there is no beach, whichever is the greater distance; or ii i. in significant scenic resources areas as designated by the commission.7 4-On property located in significant scenic reso1:.1rces areas as designated by the commission; e,. Improvement that wo1:.1ld res1:.1lt in an increase of ten percent or more of internal f loor area of an existing str1:.1ct1:.1re or an additional improvement of ten percent or less 1A<here an improvement to the str1:.1ct1:.1re had previo1:.1sly been 1:.1ndertaken p1:.1rs1:.1ant to P1:.1blic Reso1:.1rces Code Section 30610(a); 28 Page 255 f:-An increase in height by more than ten percent of an existing stn1ct1:1re and/or any significant nonattached str1:1ct1:1re s1:1ch as garages, fences, shoreline protective works or docks; g,-fl Any significant alteration of land forms including removal or placement of vegetation on a beach, wetland, or sand dune, or within fifty feet of the edge of a coastal bluff except as provided in subsections B.8, B.9, B.10 and B.11 of this section; &.-e. Expansion or construction of water wells or septic systems. 29 Page 256 Planning Commission Minutes July 19, 2017 EXHIBIT 4 Page2 Chairperson Segall asked if any member of the audience wished to address Agenda Items 2 and 3. Seeing none, he opened and closed public testimony. MOTION ACTION: Motion by Commissioner Montgomery and duly seconded by Commissioner Anderson that the Planning Commission adopt Planning Commission Resolution No. 7252 recommending approval of a Zoning Code amendment ZCA 2017-0002, Local Coastal Program amendment LCPA 2017-0003 and Village Master Plan and Design Manual Amendment AMEND 2017-0006, based on the findings contained therein. VOTE: 5-0-2 AYES: Chairperson Segall, Commissioner Anderson, Commissioner Black, Commissioner Goyarts and Commissioner Montgomery NOES: None ABSENT: Commissioner Rodman and Commissioner Siekmann ABSTAIN: None 3. PUD 16-11/SDP 16-21/CDP 16-43/MS 16-09/AV 16-06 (DEV16050) -167 CHERRY AVENUE DUPLEX -Request for approval of a Planned Development Permit, Site Development Plan, Coastal Development Permit, Tentative Parcel Map and Minor Variance to demolish an existing single-family home and construct a two-family, residential air-space condominium project on a 0.16 acre infill site located at 167 Cherry Avenue, within the Mello II Segment of the Local Coastal Program and Local Facilities Management Zone 1. The project site is not within the appealable area of the California Coastal Commission. The City Planner has determined that this project is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15303, "New Construction or Conversion of Small Structures" of the State CEQA Guidelines and will not have any adverse significant impact on the environment. MOTION ACTION: VOTE: AYES: NOES: Motion by Commissioner Montgomery and duly seconded by Commissioner Anderson that the Planning Commission adopt Planning Commission Resolution No. 7255 approving Planned Development Permit PUD 16-11, Site Development Plan 16-21, Coastal Development Permit CDP 16-43, Tentative Parcel Map MS 16-09, and Minor Variance AV 16-06, based upon the findings and subject to the conditions contained therein. 5-0-2 Chairperson Segall, Commissioner Anderson, Commissioner Black, Commissioner Goyarts and Commissioner Montgomery None ABSENT: Commissioner Rodman and Commissioner Siekmann ABSTAIN: None Chairperson Segall closed public hearing on Agenda Items 2 and 3, asked Mr. Neu to introduce the next item and opened the public hearing on Agenda Item 1. 1. ZCA 2016-0001/LCPA 2016-0001 (PUB16Y-0002)-SECOND DWELLING UNIT CODE AMENDMENT -A request for recommendation of approval of a Zoning Code Amendment and Local Coastal Program Amendment to make the city's regulation of second dwelling units (now known as accessory dwelling units) consistent with the changes to Government Code Section 65852.2 made by Assembly Bill 2299 (Bloom) and Senate Bill 1069 (Wieckowski). The City Planner has determined that this project is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 21080.17 of the Public Resources Code and Section 15282(h) of the CEQA Guidelines, in that Division 13 of the Public Resources Code (CEQA) does not apply to the adoption of an ordinance by a city or county to implement the provisions of Section 65852.1 or Section 65852.2 of the Government Code. Page 257 Planning Commission Minutes July 19, 2017 Page 3 Mr. Neu introduced Agenda Item 1 and stated Associate Corey Funk would make the staff presentation. Mr. Funk gave a brief presentation and stated he would be available to answer any questions. Chairperson Segall asked if there were any questions of staff. Commissioner Anderson asked if the 120 day approval requirement for an Accessory Dwelling Unit (ADU) is separate if the project is part of a larger project that goes before the Planning Commission or the California Coastal Commission. Mr. Funk stated the 120 day approval requirement would only apply for individual applications of an ADU. Commissioner Montgomery asked how the ADU conversions are implemented and the process of obtaining building permits. Mr. Funk stated that a building permit must be applied for and plans submitted showing the sectioned off area of the house with all the appropriate walls. Chairperson Segall asked if there were any further questions for staff. Seeing none, he asked if any person in the audience wished to speak on the item. Seeing none, Chairperson Segall opened and closed public testimony. Commissioner Montgomery inquired about the impact of the 640 maximum square footage to be added to an ADU. Mr. Funk stated it would depend on the size of the property and if it could accommodate to a smaller or a larger ADU, and one implication to consider with larger two bedroom units would be the need for more off-street parking. Commissioner Montgomery asked if the approval of the amendment would also apply to the Homeowner's Associations (HOA). Assistant City Attorney Ron Kemp clarified that it would be up to state law to decide and HOAs can traditionally restrict the rights with CC&Rs by contract. MOTION ACTION: Motion by Commissioner Montgomery and duly seconded by Commissioner Anderson that the Planning Commission adopt Planning Commission Resolution No. 7254 recommending approval of a Zoning Code Amendment ZCA 2016-0001 and Local Coastal Program Amendment LCPA 2016-0001, based on the findings contained therein. VOTE: 5-0-2 AYES: Chairperson Segall, Commissioner Anderson, Commissioner Black, Commissioner Goyarts and Commissioner Montgomery NOES: None ABSENT: Commissioner Rodman and Commissioner Siekmann ABSTAIN: None Chairperson Segall closed the public hearing on Agenda Item 1, asked Mr. Neu to introduce the next item and opened the public hearing on Agenda Item 4. 4. SS 16-01 -DRAFT VILLAGE, BARRIO AND BEACH AREA PARKING MANAGEMENT PLAN -Presentation and discussion of the draft Village, Barrio and Beach Area Parking Management Plan. The Village, Barrio and beach study area is generally located west of Interstate 5 to the beach, between Tamarack Avenue and Buena Vista Lagoon. A portion of the area is in the Coastal Zone. A presentation on the draft Village, Barrio and Beach Area Parking Management Plan has been determined to be exempt from environmental review per CEQA Guidelines Section 15262 -Planning Study. Mr. Neu introduced Agenda Item 4 and stated Associate Planner Pam Drew assisted by Brett Wood, Kimley-Horn & Associates would make the staff presentation. Ms. Drew and Mr. Wood gave a presentation and stated they would be available to answer any questions. Chairperson Segall asked if there were any questions of staff. Page 258 Planning Commission Minutes June 21, 2017 EXHIBIT 5 Page 10 MOTION ACTION: Motion by Commissioner Siekmann and duly seconded by Commissioner Rodman that the Planning Commission adopt Planning Commission Resolution No. 7245 recommending approval of AMEND 2017-0005 based on the findings contained therein as amended. VOTE: 3-2-2 AYES: Chairperson Segall, Commissioner Rodman and Commissioner Siekmann NOES: Commissioner Black and Commissioner Montgomery ABSENT: Commissioner Anderson and Commissioner Goyarts ABSTAIN: None Chairperson Segall closed the public hearing on Agenda Item 4, asked Mr. Neu to introduce the next item and opened the public hearing on Agenda Item 5. 5. ZCA 2016-0001/LCPA 2016-0001 {PUB16Y-0002)-SECOND DWELLING UNIT CODE AMENDMENT -A request for recommendation of approval of a Zoning Code Amendment and Local Coastal Program Amendment to make the city's regulation of second dwelling units (now known as accessory dwelling units) consistent with the changes to Government Code Section 65852.2 made by Assembly Bill 2299 (Bloom) and Senate Bill 1069 (Wieckowski). The City Planner has determined that this project is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 21080.17 of the Public Resources Code and Section 15282(h) of the CEQA Guidelines, in that Division 13 of the Public Resources Code (CEQA) does not apply to the adoption of an ordinance by a city or county to implement the provisions of Section 65852.1 or Section 65852.2 of the Government Code. Mr. Neu stated that given the lateness of the hour, staff is recommending that Agenda Item 5 be continued to a date certain of July 19, 2017. Chairperson Segall asked if any person in the audience wished to speak on the item and opened public testimony. Brooks Worthing, 305 Tamarack Avenue, local builder, commented that many people he works with prefer the maximum square footage of a second dwelling unit to be larger than 640 square feet. Chairperson Segall asked if any member of the audience wished to address Agenda Item 5. Seeing none, he closed public testimony. MOTION ACTION: Motion by Commissioner Montgomery and duly seconded by Commissioner Black that the Planning Commission continue Agenda Item 5 to July 19, 2017. VOTE: 4-0-3 AYES: Chairperson Segall, Commissioner Black, Commissioner Montgomery and Commissioner Rodman NOES: None ABSENT: Commissioner Anderson, Commissioner Goyarts and Commissioner Siekmann ABSTAIN: None Chairperson Segall closed public hearing on Agenda Item 5. Page 259 THIS PAGE WAS INTENTIONALLY LEFT BLANK Page 260 TO: SUBJECT: AFFIDAVIT OF MAILING NOTICE OF PUBLIC HEARING LOCATION: _J_.!..~=_____l,.,--.e.~=--~~!!:...-.....\,,,.£....L..#-.!...>oC~~---!.£}..---.:_· ____ _ DATE NOTICES MAILED TO PROPERTY OWNERS: __ ;2_!2-=..,.V_,_/-1--/'-#-7---- NUMBER MAILED: -------()orY'C.p 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 \_L,vt~ (Signature) I (Date) SENT TO FOR PUBLICATION VIA E-MAIL TO: 0 Union Tribune ~Coast News PUBLICATION DATE: Union Tribune --------------- CoastNews __ Cj~/1_,_/-'--/?+-7 ______ _ 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: _2_L ___ 1_,__,_q !~r7~---\j~711c~ (Signature) Attachments: 1) Mailing Labels 2) Notice w/ attachments 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 Chamber, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Tuesday, September 12, 2017, to consider approving a Municipal Code Amendment, Zoning Code Amendment and Local Coastal Program Amendment to make the city's regulation of second dwelling units (now known as accessory dwelling units) consistent with the changes to Government Code Section 65852.2 made by Assembly Bill 2299 (Bloom) and Senate Bill 1069 (Wieckowski). Whereas, on July 19, 2017 the City of Carlsbad Planning Commission voted 5-0-2 (Rodman and Siekmann absent) to recommend approval of a Zoning Code Amendment and Local Coastal Program Amendment to make the city's regulation of second dwelling units (now known as accessory dwelling units) consistent with the changes to Government Code Section 65852.2 made by Assembly Bill 2299 (Bloom) and Senate Bill 1069 (Wieckowski). The City Planner has determined that this project is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 21080.17 of the Public Resources Code and Section 15282(h) of the CEQA Guidelines, in that Division 13 of the Public Resources Code (CEQA) does not apply to the adoption of an ordinance by a city or county to implement the provisions of Section 65852.1 or Section 65852.2 of the Government Code. 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 Thursday, September 7, 2017. If you have any questions, please contact Corey Funk in the Planning Division at (760) 602-4645 or corey.funk@carlsbadca.gov. If you challenge the Municipal Code Amendment, Zone Code Amendment and/or the Local Coastal Program Amendment in court, you may be limited to raising only ti:,ose 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: MCA 17-0003/ZCA 2016-0001/LCPA 2016-0001 (PUB16Y-0002) CASE NAME: SECOND DWELLING UNIT CODE AMENDMENT PUBLISH: September 1, 2017 CITY OF CARLSBAD CITY COUNCIL 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 Chamber, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Tuesday, , to consider approving a Municipal Code Amendment, Zoning Code Amendment and Local Coastal Program Amendment to make the city's regulation of second dwelling units (now known as accessory dwelling units) consistent with the changes to Government Code Section 65852.2 made by Assembly Bill 2299 (Bloom) and Senate Bill 1069 (Wieckowski). Whereas, on July 19, 2017 the City of Carlsbad Planning Commission voted 5-0-2 (Rodman and Siekmann absent) to recommend approval of a Zoning Code Amendment and Local Coastal Program Amendment to make the city's regulation of second dwelling units (now known as accessory dwelling units) consistent with the changes to Government Code Section 65852.2 made by Assembly Bill 2299 (Bloom) and Senate Bill 1069 (Wieckowski). The City Planner has determined that this project is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 21080.17 of the Public Resources Code and Section 15282(h) of the CEQA Guidelines, in that Division 13 of the Public Resources Code (CEQA) does not apply to the adoption of an ordinance by a city or county to implement the provisions of Section 65852.1 or Section 65852.2 of the Government Code. Those persons wishing to speak on this proposal are co~ to attend the public hearing. Copies of the staff report will be available on and after ---If you have any questions, please contact Corey Funk in the Planning Division at (760) 602-4645 or corey. funk@carlsbadca.gov. If you challenge the Municipal Code Amendment, Zone Code Amendment and/or the 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's Office, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, at or prior to the public hearing. CASE FILE: MCA 17-0003/ZCA 2016-0001/LCPA 2016-0001 (PUB16Y-0002) CASE NAME: SECOND DWELLING UNIT CODE AMENDMENT PUBLISH: CITY OF CARLSBAD CITY COUNCIL 2a~~els ® usQUi"'ilflliplate 516oil60 EDWIN ROMERO, CHAIRPERSON 1095 BARONA RD LAKESIDE CA 92040 BUSINESS, TRANS & HSG AGENCY 915 CAPITOL MALL#350B SACRAMENTO CA 958144801 CA DEPT OF TRANSPORTATION DISTRICT 11-DIVISION OF PLANNING/DEVELOPMENT REVIEW 4050 TAYLOR STREET, MS-240 SAN DIEGO CA 92110 COASTAL CONSERVANCY STE 1100 1330 BROADWAY OAKLAND CA 94612 DEPT OF FORESTRY ENVCOORD PO BOX 944246 SACRAMENTO CA 942442460 FED AVIATION ADM IN WESTERN REG PO BOX92007 LOS ANGELES CA OFF OF PLANNING & RESEARCH OFF OF LOCAL GOV AFFAIRS PO BOX3044 SACRAMENTO CA 958123044 SD COUNTY PLANNING & LAND USE DEPT STE 310 5510 OVERLAND A VE SAN DIEGO CA 921231239 US ARMY CORPS OF ENGINEER 915 WILSHIRE BLVD SUITE 1101 LOS ANGELES CA 90017 US BUREAU OF RECLAMATION 27708 JEFFERSON AVE, STE 202 TEMECULA CA 92590 Ep,ig~ij~~a peler Utilisez le gabaritAVERY® 5160® AXELSON & CORN ATTORNEYS AT LAW 160 CHESTERFIELD DR SUITE 201 ENCINITAS CA 92007 CA COAST AL COMMISSION STE 103 7575 METROPOLITAN DR SAN DIEGO CA 92108 CHANNEL ISLANDS NATL PARK SUPERINTENDENT'S OFFICE 1901 SPINNAKER DR SAN GUENA VENTURA CA 93001 COUNTY OF SD SUPERVISOR RM335 1600 PACIFIC SAN DIEGO CA 92101 DEPT OF HOUSING & URBAN DEV REGION IX ENVIRONMENTAL OFFICER 611 WEST SIXTH ST, STE. 811 LOS ANGELES CA 90017 FEDERAL ENERGY REGULA TORY COMMISSION 100 1ST ST., STE 2300 SAN FRANCISCO CA 941053084 SAN FRANCISCO BAY CONSERV & DEV COM STE 10600 455 GOLDEN GATE A VE SAN FRANCISCO CA 941027019 SDGE 8315 CENTURY PARK CT SAN DIEGO CA 92123 US ARMY CORPS OF ENGINEERS REGULATORY DIVISION SUITE 100 5900 LA PLACE COURT CARLSBAD CA 92008 US FISH & WILDLIFE SERVICES 2800 COTTAGE WAY STE W-2605 SACRAMENTO CA 95825 ,h.,._ I, OAV&ftTy~rp~~ : UseAveryTemplate516i I BUREAU OF INDIAN AFFAIRS 2800 COTTAGE WAY SACRAMENTO CA 95825 CA DEPT OF FISH & WILDLIFE CHRISTINE BECK 3883 RUFFIN RD SAN DIEGO CA 92123 CITY OF ENCINITAS 505 S VULCAN AV ENCINITAS CA 92024 DEPT OF FOOD & AGRICULTURE AGRICULTURAL RESOURCES RM 100 1220 N ST SACRAMENTO CA 95814 DEPT OF JUSTICE DEPT OF ATTY GEN STE 1800 600 WEST BROADWAY SAN DIEGO CA 92101 MARINE RESOURCES REG DR & G ENV SERVICES SPR STEJ 4665 LAMPSON AVE LOS ALAMITOS CA 907205139 SANDAG EXEC DIRECTOR STE 800 1 ST !NTL PLZ 401 B ST SAN DIEGO CA 92101 STATE LANDS COMMISSION STE 1005 100 HOWE AV SACRAMENTO CA 958258202 US BUREAU OF LAND MGMT STERMW 2800 COTT AGE WY SACRAMENTO CA 95825 USDA RURAL DEVELOPMENT DEPT 4169 430G ST DAVIS CA 95606 ~~/gabaritsl.: 1-800~61iittiritAvery 5160 li• WATER RESOURCES CONTROL BOARD PO BOX 100 SACRAMENTO CA 95801 Pa~ avery.com/ patents I• 09[<; a1eIdwa1AlaA1;f as0 I 1, \1 I Go to avew0~~!~.mAl~~s l UseAveryTemplate5160 I ,t\lle;_ a avery.ccV' ,aabarff.U. @09 LbtiusezleGaba~~ 5160® U S ARMY CORPS OF ENG STE 100 5900 LA PLACE CT CARLSBAD CA 92008 NORTH CO TRANSIT DIST 801 MISSION AV OCEANSIDE CA 92054 OLIVENHAIN MUNICIPAL WATER DISTRICT 1966 OLIVENHAIN RD ENCINITAS CA 92024 LEUCADIA WATER DISTRICT 1960 LA COST A AVE CARLSBAD CA 92009 CARLSBAD WATER DISTRICT 5950 EL CAMINO REAL CARLSBAD CA 92008 CARLSBAD UNIFIED SCHOOL DIST 6225 EL CAMINO REAL CARLSBAD CA 92011 Patt4&B I i I! I ! I I ; : : . [ I Ii I US FISH & WILDLIFE SERVICE STE 250 2177 SALK AVE CARLSBAD CA 92008 REGIONAL WATER QUALITY CONTROL BOARD -SAN DIEGO REGION (9) STE 100 9174 SKY PARK CT SAN DIEGO CA 92123-4340 PLANNING DIRECTOR CITY OF SAN MARCOS 1 CIVIC CENTER DR SAN MARCOS CA 92069 PLANNING DIRECTOR CITY OF VISTA 600 EUCALYPTUS I: 1 • I • 1 VISTA CA 92084 ! ,.I I I I I ' i I SAN DIEGO COUNTY WATER AUTHORITY 4677 OVERLAND SAN DIEGO CA 92123 SAN MARCOS UNIFIED SCHOOL DISTRICT STE 250 255 PICO AV SAN MARCOS CA 92069 I' I 1 ! ' SAN DIEGUITO UNION HIGH i: I i i . SCHOOL DISTRICT I : l 701 ENCINITAS BL 1 ! • ENCINITAS CA 92024 ', I ] : I 1 : I SAN DIEGO AIR POLLUTION I I i I '' : i I• 1' ' I 'I ! CONTROL DISTRICT 10124 OLD GROVE RD SAN DIEGO CA 92131 CITY PLANNER CITY OF OCEANSIDE 300 NORTH COAST HIGHWAY OCEANSIDE CA 92054 ENCINITAS UNIFIED SCHOOL DISTRICT 101 S RANCHO SANTA FE RD ENCINITAS CA 92024 VALLECITOS WATER DISTRICT 201 VALLECITOS DE ORO SAN MARCOS CA 92069 BA WORTHING 640 GRAND AVENUE CARLSBAD CA 92008 Allez a avery.ca/gabarits 1 Utilisez le Gabarit Avery 5160 : 5160® CARLSBAD UNIFIED SCHOOL DISTRICT 6225 EL CAMINO REAL CARLSBAD CA 92011 SAN DIEGUITO SCHOOL DISTRICT 710 ENCINITAS BLVD ENCINITAS CA 92024 CITY OF ENCINITAS 505 S VULCAN AV ENCINITAS CA 92024 CITY OF VISTA 200 CIVIC CENTER DR VISTA CA 92084 STATE OF CALIFORNIA DEPT OF FISH AND WILDLIFE 3883 RUFFIN RD SAN DIEGO CA 92123 SAN DIEGO LAFCO STE 200 9335 HAZARD WAY SAN DIEGO CA 92123 U.S. FISH & WILDLIFE STE 250 2177 SALK AV CARLSBAD CA 92011 CARLSBAD CHAMBER OF COMMERCE 5934 PRIESTLEY DR CARLSBAD CA 92008 Pat: avery.com/patents Easy Peel® Address Labels Bend along line to expose Pop-up Edge'" SAN MARCOS SCHOOL DISTRICT STE 250 255 PICO AV SAN MARCOS CA 92069 LEUCADIA WASTE WATER DISTRICT TIM JOCHEN 1960 LA COSTA AV CARLSBAD CA 92009 CITY OF SAN MARCOS 1 CIVIC CENTER DR SAN MARCOS CA 92069-2949 VALLECITOS WATER DISTRICT 201 VALLECITOS DE ORO SAN MARCOS CA 92069 REGIONAL WATER QUALITY CONTROL BOARD STE 100 2375 NORTHSIDE DR SAN DIEGO CA 92108-2700 AIR POLLUTION CONTROL DISTRICT 10124 OLD GROVE RD SAN DIEGO CA 92131 CA COASTAL COMMISSION ATTN KANAN! BROWN STE 103 7575 METROPOLITAN DR SAN DIEGO CA 92108-4402 MICHAEL MCSWEENEY-BIA SD STE 110 9201 SPECTRUM CENTER BLVD SAN DIEGO CA 92123-1407 Etiquettes d'adresse Easy Peel® Repliezil la hachureafinderevelerle rebord Pop-up" Go to avery.com/templates : UseAveryTemplate5160 r ENCINITAS SCHOOL DISTRICT 101 RANCHO SANTA FE RD ENCINITAS CA 92024 OLIVENHAIN WATER DISTRICT 1966 OLIVENHAIN RD ENCINITAS CA 92024 CITY OF OCEANSIDE 300 NORTH COAST HWY OCEANSIDE CA 92054 1.P.U.A. SCHOOL OF PUBLIC ADMIN AND URBAN STUDIES SAN DIEGO STATE UNIVERSITY SAN DIEGO CA 92182-4505 SD COUNTY PLANNING STE 110 5510 OVERLAND AV SAN DIEGO CA 92123-1239 SANDAG STE 800 401 B ST SAN DIEGO CA 92101 AIRPORT LAND USE COMMISSION SAN DIEGO CO. AIRPORT AUTHORITY PO BOX 82776 SAN DIEGO CA 92138-2776 CITY OF CARLSBAD 1200 CARLSBAD VILLAGE DRIVE CARLSBAD CA 92008 Allez a avery.ca/gabarits : Utilisez le GabaritAverv 5160 r Second Dwelling Unit Code Amendment Corey Funk September 12, 2017 MCA 17-0003/ZCA 2016-0001/LCPA 2016-0001 Background •State second dwelling unit law amended Sept. 2016 –Assembly Bill 2299 and Senate Bill 1069 •Law was effective Jan. 1, 2017 •Local agencies must follow state law until a local ordinance is adopted •State’s purpose: Address affordable housing shortage by easing accessory unit restrictions Previous Action •Originally scheduled for June 21, 2017 Planning Commission hearing –Voted to continue item to July 19, 2017 –Received public comment at hearing from Brooks Worthing •Encouraged the city consider allowing larger ADUs •Voted to recommend approval at July 19, 2017 hearing –No changes to proposed draft Project •City initiated zoning code amendment –Amends Carlsbad’s regulations for second dwelling units •Mandatory and discretionary provisions •Terminology change –Accessory Dwelling Unit (ADU) ADU Types •Detached •Attached •Conversion of existing space Detached ADU Attached ADU Primary Dwelling (SFD) Conversion ADU Subject Property Mandatory Provisions:ADU Parking •Shall not be imposed when: –Within ½ mile of public transit –Conversion ADU type is proposed –Historic districts, parking permit areas and car share vehicle (not currently applicable to Carlsbad) •Allowed in setbacks and as tandem Mandatory Provisions:Garage replacement parking (for SFD) •Carlsbad SFD requirement: 2 parking spaces in a garage •If garage is demolished or converted, replacement parking may be in any form: –Carport –Surface parking –Tandem –Parking lifts Mandatory Provisions:Setbacks •Previous Carlsbad code: ADUs meet same setback as house (dashed line) •ADUs over existing detached garages –5 feet to side and rear lot lines •Same setback as for other accessory structures •Garages not meeting setbacks can be converted Primary dwelling (SFD) ADU over existing detached garage 7 14 5 5 Rear Side Front Mandatory Provisions:Conversion ADUs •Must be approved if ADU: –Complies with building and safety codes –Provides independent exterior access –Maintains side and rear setbacks sufficient for fire safety Mandatory Provisions:Permits •Permits must be approved within 120 days •All ADU types require a building permit •Coastal zone: –Detached ADUs require Minor Coastal Development Permit –Attached and conversion ADUs exempt from coastal permits Mandatory Provisions:Other •Fire sprinklers only required if main house has sprinklers •Utility fees: –None for conversion ADUs –For Attached and Detached ADUs, fees must be proportionate to burden Local Discretion:Maximum size •Successful track record –average 20 per year •Affordable 1 bd. apartments average less than 700 sf. •Smaller housing units generally more affordable •ADUs will remain truly “accessory” and more compatible with single family neighborhoods State law Carlsbad (previous)Carlsbad (proposed) 1,200 sf 640 sf 640 sf Local Discretion:Parking ratio •ADUs typically studios or 1 bd. •Carlsbad requirement for apartments (studios & 1 bd.) – 1.5 spaces per unit •Ratio must be whole number –ADUs are single unit projects •Street can provide visitor parking State law Carlsbad (previous)Carlsbad (proposed) 1 space per bedroom or unit 1 space per unit 1 space per unit Local Discretion:ADU Parking (def. of public transit) •Major transit stop as defined in state law –Rail station or bus route intersection with 15 minute frequency •Village and Poinsettia transit stations –Frequent and varied transit (rail and bus) •Facilitate reliance on transit for primary mobility Local Discretion:ADU Parking (def. of car share vehicle) •Designated, exclusive parking used by car share service (pick-up/drop-off location) •None exist currently, but could in future –Example: Zipcar and car2go Local Discretion:Occupancy •State law allows local agency to prohibit use of ADUs as short-term rentals •Carlsbad already prohibits short-term rentals outside coastal zone (includes ADUs) •Short-term rentals allowed in coastal zone based on Coastal Commission guidance (includes ADUs) –Exception: ADUs produced to comply with inclusionary housing •Proposal: No change to previous rules Other Changes •ADU code section reorganized, other related changes •ADU may only be developed on lot with one single family home •CDP exemption provisions revised for consistency with coastal regulations Code Effective Date And Applicability •Outside coastal zone –effective 30 days after City Council adoption •Inside coastal zone –effective when approved by Coastal Commission •Applies to permit applications received after effective date (depending on above location) Project Consistency •CA Gov. Code Section 65852.2 •General Plan –Implements HE Program 3.15, LUCD Programs 2- G.4 and 2-P.6 •Zoning code and LCP •Amendment is exempt from CEQA Recommendation That the City Council ADOPT an ordinance APPROVING Municipal Code Amendment MCA 17- 0003,Zoning Code Amendment ZCA 2016-0001 and Local Coastal Program Amendment LCPA 2016- 0001,based on the findings contained therein. Definition •Includes manufactured homes per state law (HSC Sec. 18007) •Rules for manufactured homes requires removal of wheels, installation of foundation and utilities •Recreational vehicles do not meet definition and could not be used as an ADU (state and local)