HomeMy WebLinkAbout2020-09-15; City Council; CS-384; AN ORDINANCE ADOPTING AMENDMENTS TO TITLE 21 OF THE CARLSBAD MUNICIPAL CODE (ZONE CODE), VILLAGE AND BARRIO MASTER PLAN AND LOCAL COASTAL PROGRAM TO ENSURE CONSISTENCY WI...Sept. 15, 2020 Item #7 Page 5 of 24
ORDINANCE NO. CS-384
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, ADOPTING AMENDMENTS TO TITLE 21 OF THE CARLSBAD
MUNICIPAL CODE (ZONE CODE), VILLAGE AND BARRIO MASTER PLAN AND
LOCAL COASTAL PROGRAM TO ENSURE CONSISTENCY WITH STATE LAW
RELATED TO ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY
DWELLING UNITS.
CASE NAME: ACCESSORY DWELLING UNIT AMENDMENTS 2020
CASE NO: ZCA 2020-0002/AMEND 2020-0005/LCPA 2020-0006
WHEREAS, Sections 65852.2 and 65852.22 of the California Government Code requires cities
and counties to permit construction of accessory dwelling units and junior accessory dwelling units,
and allows cities and counties to adopt ordinances that govern the permitting of accessory dwelling
units and junior accessory dwelling units consistent with state law; and
WHEREAS, California Governor Gavin Newsom signed Senate Bill 13 and Assembly Bills 68,587,
670, 671 and 881 into law, which amended state law to further encourage and incentivize the
construction of accessory dwelling units and junior accessory dwelling units; and
WHEREAS, the above legislative bills took effect January 1, 2020, and existing provisions of the
City of Carlsbad Municipal Code are inconsistent with the new law provisions; and
WHEREAS, the City Planner has prepared amendments to the Zone Code (ZCA 2020-0002)/
Village and Barrio Master Plan (AMEND 2020-0005) and the Local Coastal Program (LCPA 2020-0006}
pursuant to Chapter 21.52 ofthe Carlsbad Municipal Code, Section 30514 ofthe Public Resources Code,
and Section 13551 of California Code of Regulations Title 14, Division 5.5; and
WHEREAS, the Carlsbad Zone Code and Village and Barrio Master Plan are the implementing
ordinances of the Carlsbad Local Coastal Program, and therefore, amendments to the Zone Code and
Village and Barrio Master Plan also constitute amendments to the Local Coastal Program; and
WHEREAS, pursuant to California Coastal Commission Regulations, a six-week public review
period for the Local Coastal Program Amendment began May 15, 2020 and ending on June 26, 2020; and
WHEREAS, on May 20, 2020 the Airport Land Use Commission reviewed and found that the
proposed Zone Code Amendment and Village and Barrio Master Plan Amendment are consistent with
the adopted McClellan-Palomar Airport Land Use Compatibility Plan; and
WHEREAS, on June 17, 2020, the Planning Commission held a duly noticed public hearing as
prescribed by law to consider ZCA 2020-0002/AMEND 2020-0005/LCPA 2019-0004; and
Sept. 15, 2020 Item #7 Page 6 of 24
WHEREAS, the Planning Commission adopted Planning Commission Resolution No. 7374
recommending to the City Council that ZCA 2020-0002/AMEND 2020-0005/LCPA 2019-0004 be
approved; and
WHEREAS, the City Council of the City of Carlsbad held a duly noticed public hearing as
prescribed by law to consider ZCA 2020-0002/AMEND 2020-0005/LCPA 2019-0004; 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 ZCA 2020-0002/AMEND 2020-0005/LCPA 2019-0004; and
NOW, THEREFORE, the City Council of the City of Carlsbad, California, does ordain that:
1. The above recitations are true and correct.
2. The findings of the Planning Commission in Planning Commission Resolution No. 7374
shall also constitute the findings of the City Council
3. In Section 2.3.3, Table 2-1 Permitted Uses of the Village and Barrio Master Plan, the use
listing for Accessory Dwelling Unit is amended to read as follows:
RESIDENTIAL vc VG HOSP FC PT BP BC
Accessory Dwelling Unit (accessory to
one-family, two-family, multifamily, and A A A A A A A
mixed-use dwellings; subject to CMC
Section 21.10.030; defined: CMC
Sections 21.04.121)
4. In Section 2.3.3, Table 2-1 Permitted Uses of the Village and Barrio Master Plan, a new
use listing Junior Accessory Dwelling Unit is added as follows:
RESIDENTIAL vc VG HOSP FC PT BP BC
Junior Accessory Dwelling Unit (accessory
to a one-family dwelling; subject to CMC A A A A
Section 21.10.030; defined: CMC
Sections 21.04.122)
5. In Section 2.6, Table 2-3 of the Village and Barrio Master Plan, the parking requirements
for Accessory Dwelling Unit are amended to read as follows:
Sept. 15, 2020 Item #7 Page 7 of 24
RESIDENTIAL
GENERAL USE
Accessory Dwelling Unit (no additional
parking is required for a Junior Accessory
Dwelling Unit)
PARKING REQUIREMENT
• One space, in addition to the parking
requirement for the primary dwelling.
• Tandem parking is permitted. Parking may
be located in the side and rear yard setbacks.
• Parking exceptions exist for accessory
dwelling units. Refer to CMC Section
21.10.030 E
6. In Section 2.6, Table 2-3 of the Village and Barrio Master Plan, a new parking
requirement for Junior Accessory Dwelling Unit is added as follows:
RESIDENTIAL
GENERAL USE PARKING REQUIREMENT
Junior Accessory Dwelling Unit No parking requirement
7. Carlsbad Municipal Code Section 21.04.020 is amended to read as follows:
21.04.020 Accessory.
"Accessory" means a building, part of a building or structure, or use that is subordinate to and the use
of which is incidental to that of the main building, structure or use on the same lot. If an accessory
building is attached to the main building by a common wall, with a width dimension of at least three
feet and a height dimension of at least one story, such building area is considered a part of the main
building and not an accessory building or structure, except for "accessory dwelling units" or "junior
accessory dwelling units" as defined in Sections 21.04.121 and 21.04.122. Accessory dwelling units
and junior accessory dwelling units that comply with the requirements of Section 21.10.030 and
California Government Code Sections 65852.2 and 65852.22, respectively, are considered accessory.
8. Carlsbad Municipal Code Section 21.04.121 is amended to read as follows:
21.04.121 Dwelling unit, accessory (ADU).
Refer to California Government Code Section 65852.2.
Sept. 15, 2020 Item #7 Page 8 of 24
9. Section 21.04.122 is added tothe Carlsbad Municipal Code as follows:
21.04.122 Dwelling unit, junior accessory (JADU).
Refer to California Government Code Section 65852.22.
10. A new use listing for "Junior accessory dwelling unit" is added to the permitted uses tables
in the following eight sections of the Carlsbad Municipal Code as shown below:
21.08.020 Permitted uses, Table A.
21.09.020 Permitted uses, Table A.
21.10.020 Permitted uses, Table A.
21.12.020 Permitted uses, Table A.
21.16.020 Permitted uses, Table A.
21.18.020 Permitted uses, Table B.
21.22.020 Permitted uses, Table A.
21.24.020 Permitted uses, Table A.
Use
Junior accessory dwelling unit (accessory to a one-family dwelling; subject to
Section 21.10.030; defined: Section 21.04.122)
11. The following four sections are amended as shown below:
21.08.060 Placement of buildings
21.10.080 Placement of buildings
21.12.060 Placement of buildings
21.16.060 Placement of buildings
p CUP Ace
X
A. Placement of buildings on any lot shall conform to the following, except as otherwise
stated for accessory dwelling units (or junior accessory dwelling units where permitted)
pursuant to Section 21.10.030:
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
Sept. 15, 2020 Item #7 Page 9 of 24
side yard on such lot and from the rear property line the equivalent of
twice the required side yard on such lot;
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. Buildings shall not exceed one story,
v. 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. Habitable detached accessory structures shall comply with all
requirements of the zone applicable to placement of a dwelling unit on
a lot including setbacks;
f. 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 b.e 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
g. The provisions of this section are applicable notwithstanding the permit
requirements contained in Section 18.04.015.
2. Corner Lots and Reversed Corner Lots.
Sept. 15, 2020 Item #7 Page 10 of 24
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;
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. Buildings shall not exceed one story,
v. 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. Habitable detached accessory structures shall comply with all
requirements of the zone applicable to placement of a dwelling unit on
a lot including setbacks;
f. 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
Sept. 15, 2020 Item #7 Page 11 of 24
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g. The provisions of this section are applicable notwithstanding the permit
requirements contained in Section 18.04.015.
12. In Section 21.09.020 Table A, the use listing for "Accessory dwelling units" is amended to
read as follows:
p CUP Ace
Accessory dwelling unit (subject to Section 21.10.030; defined: Section 21.04.121) X
13. Section 21.09.100 of the Carlsbad Municipal Code is amended to read as follows:
21.09.100 Placement of buildings
Placement of buildings on any lot shall conform to the following, except as otherwise stated for
accessory dwelling units (or junior accessory dwelling units where permitted) pursuant to
Section 21.10.030:
(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.
(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.
14. Section 21.10.030 of the Carlsbad Municipal Code is repealed and replaced to read as
follows:
21.10.030 Accessory dwelling units and junior accessory dwelling units.
Sept. 15, 2020 Item #7 Page 12 of 24
A. Purpose. This section provides standards for the establishment of accessory dwelling
units (ADUs) and junior accessory dwelling units (JADUs). Pursuant to California
Government Code Sections 65852.2 and 65852.22, local governments have the
authority to adopt regulations designed to promote AD Us and JADUs.
B. Standards of Review. Review of AD Us and JADUs shall be consistent with the following:
1. ADU or JADU applications shall be considered a ministerial action without
discretionary review or a public hearing if all requirements of this section
(21.10.030) are met, notwithstanding any other requirements of state law or this
development code.
2. ADUs or JADUs developed within the coastal zone are subject to the permit
requirements of Chapter 21.201 and require a building permit. Development of
AD Us or JADUs outside of the coastal zone requires a building permit.
3. The city shall act on an application to create an ADU or a JADU within the time
period specified under California Government Code Sections 65852.2 and
65852.22.
4. If the permit application to create an ADU or a JADU is submitted with a permit
application to create a new one-family dwelling on the lot, the city may delay
acting on the permit application for the ADU or the JADU until the city acts on
the permit application to create the new one-family dwelling, but the
application to create the ADU or JADU shall be considered without
discretionary review or public hearing. If the applicant requests a delay, the
time period specified under California Government Code Sections 65852.2 and
65852.22 shall be tolled for the period of the delay.
C. Residential Use and Density. ADUs and JADUs, which comply with the requirements of
this section (21.10.030) and California Government Code Sections 65852.2 and
65852.22:
1. Shall be considered accessory residential uses or accessory residential buildings
that are consistent with the general plan or zoning.designations for the lot; and
2. Shall not be considered to exceed the allowable density for the lot upon which it
is located; and
3. 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 and shall not be considered a dwelling unit under the
definition of "short-term vacation rental" in Chapter 5.60, Short-Term Vacation
Rentals.
D. Number and Location.
Sept. 15, 2020 Item #7 Page 13 of 24
1. ADUs shall be permitted in zones that allow one-family dwellings, two-family
dwellings, multiple-family dwellings, and mixed-use (residential uses in combination
with non-residential uses), provided there is an existing or proposed dwelling on the lot
where the ADU is proposed, as specified in California Government Code Sections
65852.2 and 65852.22. Refer to a specific zone's Permitted Uses table within this Title.
2. For zones that allow one-family dwellings, one JADU shall be permitted with an
associated existing or proposed one-family dwelling. Refer to a specific zone's Permitted
Uses table within this Title.
3. The number and location of ADUs or JADUs on a lot shall be subject to California
Government Code Sections 65852.2 and 65852.22.
E. Other Requirements and Standards. AD Us and JADUs shall comply with all the following
requirements and standards:
1. ADUs and JADUs shall comply with the development requirements and
standards of California Government Code Sections 65852.2 and 65852.22.
2. When not in conflict with California Government Code Sections 65852.2 and
65852.22, ADUs and JADUs shall also comply with applicable development
requirements and standards of this code.
3. The maximum size of an ADU or JADU shall be limited as follows, consistent
with California Government Code Sections 65852.2 and 65852.22:
a. Attached AD Us -50% of the total floor area of the main dwelling or
1,200 square feet, whichever is less, but not less than 800 square feet;
b. Detached ADUs -1,200 square feet
c. JADUs -500 square feet
4. A detached ADU shall be limited to one story and 16 feet maximum height,
except that an ADU constructed above or below a detached garage shall be
permitted and shall conform to the height limits applicable to the zone.
Structures that contain an ADU located above or below a detached garage shall
be limited to a maximum of two stories including the garage.
5. Roof decks shall not be permitted on detached ADUs.
6. The construction of an ADU or JADU that is all new construction, or is a
conversion of a portion or all of an existing structure, or expands the square
footage of an existing structure shall be consistent with all habitat preserve
buffers and geologic stability setbacks in the certified local coastal program,
habitat management plan, general plan or geotechnical report as applicable.
Sept. 15, 2020 Item #7 Page 14 of 24
7. On lots with one-family dwelling(s), the exterior roofing, trim, walls, windows
and the color palette of the ADU or JADU shall incorporate the same features
as the primary dwelling unit.
8. On lots with two-family or multiple-family dwellings, the exterior roofing, trim,
walls, windows and the color palette of the ADU addition shall incorporate the
same features as the existing building that the ADU would be provided within.
For detached AD Us, it shall be reflective of the nearest building as measured
from the wall of the existing building to the nearest wall of the proposed unit.
9. An ADU shall provide off-street parking in compliance with Chapter 21.44
(Parking), unless it qualifies for an exemption as specified in California
Government Code Section 65852.2. No off-street parking is required for a JADU
if it meets the requirements specified in California Government Code Section
65852.22.
10. ADUs 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.
11. A Notice of Restriction shall be recorded on the property declaring that:
a. The ADU(s) and/or JADU shall not be used for short-term rentals less
than 30 days. This requirement does not apply to any unit that was
issued a building permit prior to January 1, 2020.
b. The obligations and restrictions imposed on the approval of the ADU(s)
per California Government Code Section 65852.2 and/or JADU per
California Government Code Section 65852.22 are binding on all
present and future property owners.
c. For a JADU, the property owner must reside in either the primary
residence or the JADU. Sale of the JADU separate from the single-family
residence is prohibited; said prohibition is binding on all present owners
and future purchasers.
12. For AD Us permitted prior to January 1, 2020, the city may continue to enforce
a requirement for owner-occupancy of the ADU or primary residence.
13. An ADU may be sold separately from the primary dwelling only in limited
situations pursuant to California Government Code Section 65852.26.
G. Conflicting Standards. If there is a conflict between the requirements of this section
and the requirements of the California Government Code provisions relating to AD Us
and JADUs, including but not limited to Sections 65852.2 or 65852.22, the California
Government Code provisions shall apply.
Sept. 15, 2020 Item #7 Page 15 of 24
15. The use listing for "Accessory dwelling unit" in the permitted use tables of the following
five sections of the Carlsbad Municipal Code is amended as shown below:
21.12.020 Permitted uses, Table A.
21.16.020 Permitted uses, Table A.
21.18.020 Permitted uses, Table B.
21.22.020 Permitted uses, Table A.
21.24.020 Permitted uses, Table A.
Use p CUP Ace
Accessory dwelling unit (subject to Section 21.10.030; defined: X
Section 21.04.121)
16. Subsections A.7 through A.15 of Section 21.18.030 of the Carlsbad Municipal Code are
amended to read as follows:
7. All accessory structures shall comply with the following development standards,
except as otherwise permitted for accessory dwelling units pursuant to
Section 21.10.030:
a. The lot coverage shall include accessory structures in the lot coverage
calculations for the lot;
b. The distance between buildings used for human habitation and accessory
buildings shall be not less than 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. Buildings shall not exceed one story; and
e. 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. Habitable detached accessory structures shall comply with all requirements of the
zone applicable to placement of a dwelling unit of a lot including setbacks.
9. 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;
Sept. 15, 2020 Item #7 Page 16 of 24
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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.
10. The provisions of this section are applicable notwithstanding the permit requirements
contained in Section 18.04.015.
11. Other than as provided in subsection 9 above, no building shall be located in any of
the required yards.
12. Height Limits. In the R-P zone the maximum building height shall be thirty-five feet.
13. Lot Coverage. In the R-P zone all buildings shall not cover more than sixty percent of
the total lot area.
14. Parking Off-Street. Parking shall not be provided in the required front or side yards.
17. The use listing for "Accessory dwelling unit" in Section 21.20.010 Table A of the Carlsbad
Municipal Code is amended to read as follows:
p CUP Ace
Accessory dwelling unit (subject to Section 21.10.030; defined: X
Section 21.04.121)
18. Section 21.20.080 of the Carlsbad Municipal Code is amended to read as follows:
21.20.080 Accessory structures.
(1) All accessory structures shall comply with the following development standards,
except as otherwise permitted for accessory dwelling units pursuant to
Section 21.10.030:
(A) The lot coverage shall include accessory structures in the lot coverage
calculations for the lot.
(B) The distance between buildings used for human habitation and accessory
buildings shall be not less than ten feet.
Sept. 15, 2020 Item #7 Page 17 of 24
(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) Buildings shall not exceed one story.
(E) 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.
(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.
(3) 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.
(D) The additional development standards listed above (subsections (3)(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.
(4) The provisions of this section are applicable notwithstanding the permit requirements
contained in Section 18.04.015.
19. Section 21.22.070 of the Carlsbad Municipal Code is amended to read as follows:
21.22.070 Accessory structures.
A. All accessory structures shall comply with the following development standards,
except as otherwise permitted for accessory dwelling units pursuant to
Section 21.10.030:
1. The lot coverage shall include accessory structures in the lot coverage
calculations for the lot;
2. The distance between buildings used for human habitation and accessory
buildings shall be not less than ten feet;
Sept. 15, 2020 Item #7 Page 18 of 24
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. Buildings shall not exceed one story;
5. 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
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.
C. 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:
1. The maximum allowable building area per structure shall not exceed a building
coverage of four hundred forty square feet;
2. 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;
3. 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
4. The additional development standards listed above (subsections C.1. through 3.
of this section) shall apply to the entire subject accessory structure, not just the
portion encroaching into a lot's setback area.
D. The provisions of this section are applicable notwithstanding the permit requirements
contained in Section 18.04.015.
20. Section 21.24.090 of the Carlsbad Municipal Code is amended to read as follows:
21.24.090 Accessory structures.
A. All accessory structures shall comply with the following development standards,
except as otherwise permitted for accessory dwelling units pursuant to
Section 21.10.030:
1. The lot coverage shall include accessory structures in the lot coverage
calculations for the lot;
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;
Sept. 15, 2020 Item #7 Page 19 of 24
4. Buildings shall not exceed one story; and
5. 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. Habitable detached accessory structures shall comply with all requirements of the
zone applicable to placement of a dwelling unit on a lot including setbacks
C. 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:
1. The maximum allowable building area per structure shall not exceed a building
coverage of four hundred forty square feet;
2. 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;
3. 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
4. The additional development standards listed above (subsections D.1. through
3. of this section) shall apply to the entire subject accessory structure, not just
the portion encroaching into a lot's setback area.
D. The provisions of this section are applicable notwithstanding the permit requirements
contained in Section 18.04.015.
21. A new use listing for "Accessory dwelling unit" is added to Table A in the following three
sections of the Carlsbad Municipal Code as shown below:
21.26.010 Permitted uses.
21.28.010 Permitted uses.
21.31.030 Permitted uses.
Use p CUP Ace
Accessory dwelling unit (subject to Section 21.10.030; defined: X
Sections 21.04.121)
22. Section 21.38.025 of the Carlsbad Municipal Code is amended to read follows:
21.38.025 Accessory dwelling units.
Sept. 15, 2020 Item #7 Page 20 of 24
Accessory dwelling units or junior accessory dwelling units are permitted according to the provisions
of Section 21.10.030.
23. In Table A of Section 21.44.020 the Carlsbad Municipal Code, the requirements for
accessory dwelling units are amended to read follows:
1 space (covered or uncovered), in addition to the parking required for the
Accessory dwelling units
primary use; unless otherwise specified in Section 21.10.030 of this code.
The additional parking space may be provided through tandem parking on
a driveway and may be within the front or side yard setback.
24. In Table C of Section 21.44.060 the Carlsbad Municipal Code, the requirements for
accessory dwelling units are amended to read 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.
• Other parking requirements and exemptions may be applicable
pursuant to Section 21.10.030.
25. Section 21.45.090 of the Carlsbad Municipal Code is amended to read follows:
21.45.090 Residential additions and accessory uses.
A. General.
1. Additions and accessory uses shall be subject to all applicable development
standards of this chapter, unless otherwise specified in this section and except
as otherwise permitted for accessory dwelling units or junior accessory
dwelling units pursuant to Section 21.10.030.
2. Additions to buildings that are legally nonconforming shall comply with the
requirements of Chapter 21.48 of this code.
B. One-Family Dwellings and Twin-Homes on Small Lots.
1. Table F lists the provisions for residential additions and accessory uses to one-
family dwellings and twin-homes on small lots.
2. The additions and accessory uses listed in Table F shall be subject to the
approval/issuance of a building permit.
Sept. 15, 2020 Item #7 Page 21 of 24
Table F
Residential Additions and Accessory Uses to One-Family Dwellings and Twin-Homes on Small Lots
Minimum Front Yard Minimum Side and
Addition/ Accessory Use Setback Rear 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
bu i I dings/structures
20 feet 5 feet (e.g., garages, workshops, decks over 30 inches in
height)(1L(2L(3)
Accessory dwelling units or junior accessory 20 feet See 21.10.030 dwelling units(2), (3)
Habitable detached accessory buildings
Same setbacks as required for the primary (i.e. guest houses; not including accessory dwelling dwelling units) (l), (2L (3),
Additions to dwelling (attached) Same setbacks as required for the dwelling
Notes:
(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.
C. Condominium projects. Additions and accessory uses to condominium projects shall be
subject to Section 21.45.100 (Amendments to permits). (Ord. CS 324 §§ 2, 23, 2017;
Ord. CS-050 § IV, 2009; Ord. NS-834 § II, 2007)
26. Section 21.48.020 of the Carlsbad Municipal Code is amended to read as follows:
21.48.020 Applicability.
A. The provisions of this chapter apply to:
1. Legally created lots which do not conform to the current requirements and
development standards of the zone in which they are located.
Sept. 15, 2020 Item #7 Page 22 of 24
2. Legally constructed structures and site development features that do not comply
with the current requirements and development standards of the zone in which
they are located.
3. Legally established uses which do not conform to the current permitted use
regulations of the zone in which they are located.
B. The provisions of this chapter do not apply:
1. To nonconforming signs, which are addressed in Section 21.41.130.
2. When an accessory dwelling unit or junior accessory dwelling unit is proposed with
an existing nonconforming residential structure. Pursuant to California
Government Code Section 65852.2, the city shall not require, as a condition for
approval of an accessory dwelling unit or a junior accessory dwelling unit, the
correction of nonconforming zoning conditions.
27. Subsections A and B.1 of Section 21.201.060 of the Carlsbad Municipal Code are amended
to read 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,
and junior accessory dwelling units and accessory dwelling units that are
attached to or converted from the existing space of a primary residence or
attached accessory structure, 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, except:
a. On a beach, wetland or seaward of the mean high tide line;
b. Where the residence or proposed improvement would encroach in an
environmentally sensitive habitat area or 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 California 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
Sept. 15, 2020 Item #7 Page 23 of 24
structure such as garages, fences, shoreline protective works or docks,
and such improvements are on 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;
f. Improvements to establish an accessory dwelling unit that is attached
to the primary residence, or converted from the existing space of a
primary residence or attached accessory structure or a junior accessory
dwelling unit within a one-family dwelling where such primary
residence or attached accessory structure is nonconforming with
respect to habitat preserve buffers or geologic stability setbacks in the
certified local coastal program.
EFFECTIVE DATE OF THIS ORDINANCE APPLICABLE TO PROPERTIES OUSTIDE 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.
EFFECTIVE DATE OF THIS ORDINANCE APPLICABLE TO PROPERTIES INSIDE THE COASTAL ZONE:
This ordinance shall be effective thirty days after its adoption or upon Coastal Commission approval of
LCPA 2020-0006, whichever occurs later; 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.
Ill
Ill
Sept. 15, 2020 Item #7 Page 24 of 24
INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on-the 1st day
of September, 2020, and thereafter
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 15th day of September, 2020, by the following vote, to wit:
AYES:
NAYS:
ABSENT:
Hall, Blackburn, Bhat-Patel, Schumacher.
None.
None.
APPROVED AS TO FORM AND LEGALITY:
MATT HALL, Mayor