HomeMy WebLinkAbout2003-05-21; Planning Commission; ; ZCA 92-04B|LCPA 03-02 - SECOND DWELLING UNIT ORDINANCE AMENDMENT• The City of Carlsbad Planning Departmtut
A REPORT TO THE PLANNING COMMISSION
P.C. AGENDA OF: MAY 21, 2003
Item No.@
Application complete date: NIA
Project Planner: Chris DeCerbo
Project Engineer: NI A
SUBJECT: ZCA 92-04(B)/LCPA 03-02 -SECOND DWELLING UNIT ORDINANCE
AMENDMENT -A Zone Code Amendment and Local Coastal Program
Amendment to revise the City's permit process requirements and development
standards for Second Dwelling Units consistent with amended State Government
Code Section 65852.2.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolutions No. 5414 and 5415
RECOMMENDING APPROVAL of ZCA 92-04(B) and LCPA 03-02 based on the findings
contained therein.
II. INTRODUCTION
State Government Code Section 65852.2 was recently amended to streamline the permitting
requirements for the development of second dwelling units throughout the state. This Zone Code
Amendment includes revisions to the City's permit processing requirements and development
standards for second dwelling units to comply with this new law. The proposed Zone Code
Amendment is in compliance with State Government Code Section 65852.2, and the City's
General Plan and Local Coastal Program. There are no outstanding issues.
III. PROJECT DESCRIPTION AND BACKGROUND
In 1994, the City Council adopted an amendment to the City's Zone Code (ZCA 92-04) to allow
second dwelling units to be developed within all single-family zones and multi-family zones
(which are developed with single family residences) subject to the approval of a discretionary
Minor Coastal Development permit and/or an administrative Second Dwelling Unit permit by the
Planning Director. This Zone Code Amendment was implemented to comply with State
Government Code Section 65852.2; a State law (1990) requiring local jurisdictions to adopt
second dwelling unit ordinances to encourage and enable the production of second dwelling units
as an affordable housing alternative.
On January 1, 2003, California Government Code Section 65852.2 was amended to streamline
the permitting requirements for the development of second dwelling units throughout the state.
Compliance with this revised State law necessitates amendments to the City's Zone Code. The
specific Government Code amendments and proposed Zone Code revisions include the
following:
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ZCA_ 92-04(B)/LCPA 0J-v2 -SECOND DWELLING UNIT ORLu-.JANCE AMENDMENT
May 21, 2003
Pae 2
1. The amended Government Code requires local governments that have adopted second
dwelling unit ordinances (as Carlsbad has) to process second dwelling unit applications
received on or after July 1, 2003, as mini_sterial permits. A ministerial permit is a permit
that is issued based upon compliance with clear development standards rather than the
use of discretionary standards or judgment. A building permit is an example of a
ministerial permit. Compared to a discretionary permit, a ministerial permit does not
require a public hearing nor include conditions of approval.
The City's Zone Code currently requires the approval of a discretionary administrative
Second Dwelling Unit permit. The Zone Code is proposed for amendment to allow
second dwelling units that are proposed outside of the coastal zone to be processed
through a ministerial building permit.
The Zoning Ordinance is also proposed for amendment to revise all second dwelling unit
development standards (which could be interpreted to be discretionary in nature) to be
clear and objective ministerial standards.
2. The new law specifies that it shall not be construed to supersede or in any way alter or
lessen the affect or application of the California Coastal Act, except that the local
government shall not be required to hold public hearings for Coastal Development permit
applications for second dwelling units.
The City's Zone Code currently requires the approval of a Second Dwelling Unit permit
as well as a Minor Coastal Development permit for second dwelling units that are
proposed within the coastal zone. A Minor Coastal Development permit is an
administrative permit (subject to Planning Director approval) that requires public notice
and allows any public notice recipient to request an administrative public hearing before
the Planning Director to discuss the second dwelling unit application. The City's Zone
Code is proposed for amendment to continue to require Minor Coastal Development
permits for second dwelling units but to delete the provisions that allow for a public
hearing or appeal of the Director's decision to the Planning Commission.
The City's Zone Code is also the implementing ordinance for the City's Local Coastal Program.
Accordingly, a Local Coastal Program Amendment is being processed to ensure consistency
between the amended Zone Code and the City's Local Coastal Program.
IV. ANALYSIS
The recommendation for approval of this Zone Code Amendment/Local Coastal Program
Amendment was developed by analyzing its compliance/consistency with: A) State Government
Code Section 65852.2, B) the Carlsbad General Plan, and C) applicable Local Coastal Program
policies. Reference can be made to Attachment "A" (Strikeout/Highlight version of amended
Zone Code) or Exhibit "X" to review all text revisions in detail.
ZCA 92-04(B)/LCPA 03-u2 -SECOND DWELLING UNIT ORLu..fANCE AMENDMENT
May 21, 2003
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Government Code Section 65852.2
As discussed above, amended Government Code Section 65852.2 requires local governments
to process second dwelling unit applications located outside of the Coastal Zone as
ministerial permits without the requirement for discretionary review or a public hearing, and
second dwelling units proposed within the Coastal Zone to be processed without a public
hearing.
Consistent with this requirement, the Second Dwelling Unit provisions of the Zone Code
(Sections 21.10.015 and 21.201.085) are proposed for amendment to permit Second Dwelling
Units located outside of the Coastal Zone through a ministerial building permit (no
conditions of approval or public hearing) and Second Dwelling Units located within the
Coastal Zone through a building permit and a Minor Coastal Development permit, that does
not require a public hearing nor allow for the appeal of the Planning Director's decision to
the Planning Commission.
Subsection 21.10.015(12) of the Zoning Ordinance is also proposed for amendment to
modify the second dwelling unit standard regarding architectural compatibility so that it is
clear and objective rather than discretionary in nature.
Upon the advice of the City Attorney's Office, a new Section 21.10.110, Severability, is
being added to ensure that the balance of the R-1 ordinance remains valid in the event that a
legal challenge results in any part of the ordinance being declared invalid or unconstitutional.
A. General Plan
The proposed amendment to the City's Zone Code is consistent with the General Plan as
discussed in Table l, below.
ELEMENT GOAL, OBJECTIVE OR PROGRAM PROPOSED COMPLY
AMENDMENT
Housing GOAL #3 "Sufficient new affordable The proposed Zone Yes
Element housing opportunities in all quadrants of the Code amendment will
City to meet the needs of lower and streamline the review
moderate income households." and approval process for
second dwelling units,
OBJECTNE 3 .11-"Reduce the size of thereby continuing to
housing, thereby reducing costs and implement the Yes
increasing affordability." associated Housing
Element goal, objective
PROGRAM 3.7.b. (Alternative Housing)-and program relating to
"The City shall continue to implement its the provision of
Second Dwelling Unit Ordinance (Section affordable housing Yes
21.10.015 of the Carlsbad Municipal Code opportunities through
... to assist in meeting the City's share of the implementation of
housing for low and very low income the City's Second
households. Dwelling Unit
Ordinance.
ZCA 92-04(B)/LCPA 03-v2 -SECOND DWELLING UNIT ORI.,u.JANCE AMENDMENT
May 21, 2003
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B. Local Coastal Program
This proposed Zone Code Amendment is consistent with the City's Local Coastal Program.
In 1996, the California Coastal Commission approved Local Coastal Program Amendment
(LCPA) 95-01, which adopted the City's Second Dwelling Unit Ordinance as implementing
zoning for the Local Coastal Program (LCP) and added affordable housing policies to the City's
six LCP segments to encourage and enable the development of affordable housing (including
second dwelling units) in the Coastal Zone.
Consistent with State Government Code Section 65852.2, this proposed ZCA 94-02(B)/LCP A
03-02 adds a new Zone Code Section 21.201.085, Minor Coastal Permits for Second Dwelling
Units, which clarifies the permitting process (Minor Coastal Permit with no public hearing or
local appeal rights) for second dwelling units in the Coastal Zone. In that ZCA 92-04(B) only
modifies the permit procedures for second dwelling units proposed in the Coastal Zone and does
not change the substantive review standards for second dwelling units in the Coastal Zone, it is
consistent with the City's Local Coastal Program. Correspondence from the California Coastal
Commission's Executive Director to local agencies (January 13, 2003) committed that these
proposed procedural changes shall be approved by the California Coastal Commission as de
minimis LCP amendments.
V. ENVIRONMENTAL REVIEW
This project entails the modification to the City's permit process requirements for second
dwelling units ( from a discretionary permit process to a ministerial permit process) in compliance
with amended Government Code Section 65852.2. Pursuant to Section l 5282(i) of the California
Environmental Quality Act, the adoption of an ordinance regarding. second units in a single-
family or multi-family residential zone consistent with Section 65852.2 of the Government Code,
is statutorily exempt from environmental review. In light of the above, a Notice of Exemption
will be filed by the Planning Director upon project approval.
ATTACHMENTS:
1. Planning Commission Resolution No. 5414 (ZCA)
2. Planning Commission Resolution No. 5415 (LCPA)
3. Attachment "A,, -bold/strikeout ordinance
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ORDINANCE NO. __ _
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA AMENDING TITLE 21 OF THE
CARLSBAD MUNICIPAL CODE BY AMENDING VARIOUS
CHAPTERS AND SECTIONS TO ALLOW SECOND DWELLING
UNITS PROPOSED OUTSIDE OF THE COASTAL ZONE TO BE
CONSIDERED MINISTERIALLY WITHOUT DISCRETIONARY
REVIEW OR A PUBLIC HEARING AND SECOND DWELLING
UNITS PROPOSED WITHIN THE COASTAL ZONE TO BE
CONSIDERED AS MINOR COASTAL DEVELOPMENT-PERMITS
BUT WITHOUT A PUBLIC HEARING.
CASE NAME: SECOND DWELLING UNITS AMENDMENT
CASE NO.: ZCA 92-04(B)/LCPA 03-02
EXHIBIT"A"
MAY21, 2003
The City Council of the City of Carlsbad, California, does ordain as follows:
SECTION 1: That Title 21, Chapter 21.08 of the Carlsbad Municipal Code
is amended by the amendment of Section 21.08.015 to read as follows:
21.08.015 Second dwelling units by administrati¥e permit.
Second dwelling units are may be permitted by an administrati¥0 permit issbled according to the
provisions of Section 21.10.015 of this title. The development standards of this zone shall apply.
(Ord. NS-283 § 4, 1994)
SECTION 2: That Title 21, Chapter 21.09 of the Carlsbad Municipal Code is
amended by the amendment of Section 21.09.025 to read as follows:
21.09.025 Second dwelling units by administratitJe permit.
Second dwelling units are may be permitted by an administrati¥0 permit issbled according to the
provisions of Section 21.10.015 of this title. The development standards of this zone shall apply.
(Ord. NS-283 § 5, 1994)
SECTION 3: That Title 21, Chapter 21.10 of the Carlsbad Municipal Code is
amended by the amendment of Section 21.10.015 to read as follows:
21.10.015 Second dwelling units by administrati¥e permit.
(a) The public good is served when there exists in a city, housing which is appropriate
for the needs of and affordable to all members of the public who reside within that city. Among
other needs, there is in Carlsbad a need for affordable rental housing. Therefore, it is in the
public interest for the city to promote a range of housing alternatives in order to meet the
affordable rental housing needs of its citizens. This section is intended to provide a rental-
housing alternative by establishing a procedure to create new second dwelling units.
(b) The provisions of this section shall apply to single-family zones R-A, R-E and R-1,
areas designated by a master plan for single-family detached dwellings in P-C zones and lots
within multifamily zones R-2, R-3, R-P, R-T, R-W and RD-M, which are developed with single-
family residences.
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(c) Seoond D1J.1011ing Units. Second dwelling units developed within the coastal zone
require aR minor coastal development administrati¥o permit issued according to the
provisions of Section 21.201.085 of this title and a building permit. Second dwelling units
developed outside of the coastal zone require a building permit.
(d) fB Application Submittal for an Administrati¥e Permit. The completed minor
coastal development permit and/or building permit application for a second dwelling unit
an administrati¥o permit shall include the following information:
(1)~ The name(s) of the owner(s);
(2) ~ The address of the dwelling units;
(3)fG1 The assessor's parcel number;
(4) ~ Building elevations and a A general floor plan of the second dwelling unit;
(5)---flij A scaled drawing showing the lot dimension, the location of the primary and
second dwelling unit, location of all vehicular parking and the total square footage of both units;
(F) The consent of tho applicant to tho physioal inspection of the premises prior to the
issuance of the administrative permit;
~ (6) Description and location of water and sanitary (sower) services;
fM) (7) An applicant-signed Affidavit of Compliance declaring atieR that:
(a) the application for the second dwelling unit is not in conflict with existing
conditions, covenants and restrictions (CC and R's) applicable to the title of the subject
property;
(b) the property owner(s) shall reside in either the main dwelling unit or the
second dwelling unit unless "011.iner'' includes a lessee i-f..U:\e-leases leasehold includes both
the main dwelling and the second dwelling unit;
(c) the property owners agree to rent the second dwelling unit at a monthly
rental rate which shall not exceed an amount equal to thirty percent of the gross monthly
income of a low-Income household, adjusted for household size, at eighty percent of the
San Diego County median income. aoo
(I) Any other information required by the planning director for a proper re1.iiew of tho
applioation.
(2) Administrati•.ie Permit Prooeduros. The administrati¥e permit for a second d11+1elling
unit shall be processed as follows:
(A) An applioant requesting an administrati1.«o permit for a second d1.Yolling unit shall so
indioate at the time the application is filed.
(B) Upon acceptance of a complete applioation and payment of the required fees for a
second dwelling unit, the planning direotor shall gi1.«e written notice by mail or personal deli,1ery
to all property owners within three hundred foot of the subject property, as shown an the latest
equali~ed assessment role, at least fifteen days prior to a decision on an applioation.
(C) Any person so notified may file written objections or a written request to be heard
within ten days after the mailing or personal delivery of the notice. If a written request to be
heard is filed, the planning director shall schedule a hearing and pro1.iide written notice to the
applicant and tho request at least fi¥e days prior to the hearing. The hearing is not a publia
hearing and may be informal.
(D) Notice of the planning direotor's elecision on an aelministrati1.ie apf:)lioation for a
sooonel dwelling unit shall be mailed to the af:)plicant within five days of the date of the deoision.
If a hearing is helel, he shall reneler his decision within ten elays of the conclusion of the hearing.
(E) The planning director shall announce his decision and finelings by letter to the
apf:)licant and the letter shall recite, among other things, the ~ots and reasons whioh in the
opinion of the planning direotor make the granting or denial of tho administrati¥e f:)ermit
necessary to oarry out the • f:JFOvisions anel general f:JUFpose of this title and whether the
aelministrati¥e f:IOFmit is grantee! or elenioa. It shall also notice suoh ·oonelitians and limitations as
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the planning Elireotor may impose an the granting of a permit. The letter shall ee sent to any
persan who requesteEI or appeareEI at the hearing.
(i:) Approi.ial ey the planning Elirector of an aElministratii.ie permit fer a seconEI Elwelling
Ynit shall be gii.ien only if the requirements of syesectian (c)(3) are satisfieEI.
(G) Any Eleoision af the planning Elirector pursyant to this section may ee appealeEI ey
any person to the planning commission in aooorElanoe '.\lith Sestion 21.54 .14 Q of this ooE.te.
(M) AmenElments to administratii.ie permits fer second dwelling units may ee oonsidered
on the same oriteria and ynder the same preoedures as original applioations pursuant to this
sestion.
(3e) Rei.iie1N of an ,A,dministrative Permit. In order to grant an administratii.ie permit fer a
seoond d1.'.ielling unit, Second dwelling units shall comply with the following requirements
must be met:
{A) The O'lt<ner of the property must continually oooupy either the main dwelling unit or
the seoond dwelling unit. i:or purposes of this subsestion, "owner'' includes a lessee if the
leasehold includes both the main dwelling and the seoond dv.ielling unit.
{lij (1) The second dwelling unit shall either be attached to the main dwelling unit and
located within the habitable area of the main dwelling unit or detached from the main dwelling
unit and located on the same lot as the main dwelling unit.
(2) The second dwelling unit shall have a separate entrance.
tG)(3) The second dwelling unit must meet the setback, lot coverage, and other
development standards applicable to the zone, which are not addressed within this subsection.
In the coastal zone, any housing development processed pursuant to this chapter shall be
consistent with all certified local coastal program provisions, with the exception of density, or as
otherwise specified within this subsection.
~4) Attached second dwelling units shall conform to the height limits applicable to
the zone and detached second dwelling units shall be limited to one story, except that second
dwelling units constructed above detached garages shall be permitted, and shall conform to the
height limits applicable to the zone.
~(5) Garage conversions are prohibited unless replacement off-street garage parking
is provided concurrently and in compliance with the requirements of Chapter 21.44 of this title.
~(6) Second dwelling units shall not be permitted on a lot or parcel having guest or
accessory living quarters, or a residential care facility. Existing guest or accessory living
quarters may be converted into a second dwelling unit provided that all zoning and structural
requirements are met.
{'ij(7) One additional paved off-street (covered or uncovered) parking space shall be
provided for the second dwelling unit and shall comply with the requirements of Chapter 21.44
of this title. The additional parking space may be provided through tandem parking {provided
that the garage is set back a minimum of twenty feet from the property line) or in the front yard
setback.
~8) Adequate water and sewer capacity and facilities for the second dwelling unit
must be available or made available.
{ij(9) All necessary public facilities and services must be available or made available.
(J¾(10) The second unit may be rented and shall not be sold separately from the main
dwelling unit unless the lot on which such units are located is subdivided. The lot upon which
the second unit is located shall not be subdivided unless each lot which would be created by the
subdivision will comply with the requirements of this title and Title 20; an_d further provided, that
all structures existing on each proposed lot will comply with the development standards
applicable to each lot.
tK)( 11 )· The total area of floor space for an attached or detached second unit shall not
exceed six hundred forty square feet.
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tk-}(12) The second dwelling unit shall be architecturally compatible with the main
dwelling unit, in terms of appearance, materials and finished quality and on sides adjaGent to
streets, the appearanoo of a single family dw.-elling shall ee retained.
{M}(13) A second dwelling unit which conforms to the requirements of this section shall
be allowed to exceed the permitted density for the lot upon which it is located and shall be
deemed to be a residential use consistent with the density requirements of the general plan and
the zoning designation for the lot.
fN-)(14) The size of the lot upon which a second dwelling unit is proposed shall not be
less than the minimum lot size required of the zone.
(0) The planning direGtor shall not appro·.<e the administrati¥e permit unless ho finds that
the soGond dwelling unit will not ee materially detrimental to the pueliG welfare or injurious to the
property or impro·.1ements in suGh ¥iGinity and 2:one in ·.•.1hiGh the property is loGated.
(P) The ma*imum monthly rental rate for a seoond d·Aielling unit shall ee affordable to
IO'N inoome households. The monthly rent shall not exoeed an amount equal to thirty peroent of
the gross monthly inoome of a low inoome household, adjusted for household si2:e, at eighty
percent of the San Diego County median inoome.
(Q) The seoonEI d·1,elling unit shall ha\1e a separate entranGe. (Ord. NS-402 § 8, 1997;
Ord. NS-283 § 3, 1994)
SECTION 4: That Title 21, Chapter 21.10 of the Carlsbad Municipal Code is
amended by the addition of section 21.10.110 to read as follows:
21.10.110 Severability.
If any section, subsection, sentence, clause phrase or part of this chapter is for any reason
found by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall
not affect the validity of the remaining portions of this chapter, which shall be in full force and
effect. The City Council hereby declares that it would have adopted this chapter with each
section, subsection, sentence, clause, phrase or part thereof irrespective of the fact that any
one or more sections, subsections, sentences, clauses, phrases or parts be declared invalid or
unconstitutional.
SECTION 5: That Title 21, Chapter 21.12 of the Carlsbad Municipal Code is
amended by the amendment of section 21.12.015 to read as follows:
21.12.015 Second dwelling units ey administrati\1e permit.
Second dwelling units are may be permitted ey an administf3Uw permit issued according to the
provisions of Section 21.10.015 of this title on lots which are developed with detached single-
family residences. The development standards of this zone shall apply. (Ord. NS-283 § 7, 1994)
SECTION 6: That Title 21, Chapter 21.16 of the Carlsbad Municipal Code is amended by
the amendment of section 21.16.017 to read as follows:
21.16.017 Second dwelling units by adFRinistrati\re permit.
Second dwelling units are FRay be permitted by an adFRinistrati·.ie permit issued according to the
provisions of Section 21.10.015 of this title on lots which are developed with detached single-
family residences. The development standards of this zone shall apply. (Ord. NS-283 § 7, 1994)
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SECTION 7: That Title 21, Chapter 21.18 of the Carlsbad Municipal Code is
amended by the amendment of section 21.18.046 to read as follows:
21.18.046 Second dwelling units by administrative permit.
Second dwelling units are may be permitted by an administrative permit issued according to the
provisions of Section 21.10.015 of this title on lots which are developed with detached single-
family residences. The development standards of this zone shall apply. (Ord. NS-283 § 7, 1994)
SECTION 8: That Title 21, Chapter 21.20 of the Carlsbad Municipal Code is
amended by the amendment of section 21.20.026 to read as follows:
21.20.026 Second dwelling units by administrative permit.
Second dwelling units are may be permitted by an administrative permit issued according to the
provisions of Section 21.10.015 of this title on lots which are developed with detached single-
family residences. The development standards of this zone shall apply. (Ord. NS-283 § 7, 1994)
SECTION 9: That Title 21, Chapter 21.22 of the Carlsbad Municipal Code is
amended by the amendment of section 21.22.016 to read as follows:
21.22.016 Second dwelling units by administrative permit.
Second dwelling units are may be permitted by an administrati1.ie permit issued according to the
provisions of Section 21.10.015 of this title on lots which are developed with detached single-
family residences. The development standards of this zone shall apply. (Ord. NS-283 § 7, 1994)
SECTION 10: That Title 21, Chapter 21.24 of the Carlsbad Municipal Code is
amended by the amendment of section 21.24.026 to read as follows:
21.24.026 Second dwelling units by administrative permit.
Second dwelling units are may be permitted by an administrati1.«e permit issued according to the
provisions of Section 21.10.015 of this title on lots which are developed with detached single-
family residences. The development standards of this zone shall apply. (Ord. NS-283 § 7, 1994)
SECTION 11: That Title 21, Chapter 21.38 of the Carlsbad Municipal Code is
amended by the amendment of section 21.38.025 to read as follows:
21.38.025 Second dwelling units by aaministrati1.ie permit.
Second dwelling units are may be permitted by an administrative permit issued according to the
provisions of Section 21.10.015 of this title in areas designated by a master plan for single-
family detached dwellings. For second dwelling units proposed on standard lots (minimum
seven thousand five hundred square feet in area) which are developed with detached single-
family residences, the development standards of Chapter 21.10 shall apply. For second
dwelling units proposed on substandard lots (less than seven thousand five hundred square
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feet in area) which are developed with detached single-family residences, the development
standards of Chapter 21.45 shall apply. (Ord. NS-283 § 6, 1994)
SECTION 12: That Title 21, Chapter 21.45 of the Carlsbad Municipal Code is
amended by the amendment of section 21.45.090 to read as follows:
21.45.090 Residential additions and accessory uses.
Residential Additions and Accessory Uses. Table F includes a listing of residential additions
and accessory use standards that are permitted based on the type of residential use, the type
of permit required and the required development standards.
Table F
Residential Additions/Accessory Use Standards
Type o1Type o1 Frontyard Setback Sideyard Rear Yard Remarks Required
Residential Use IAccessorv Use Setback Setback Permit
Single-family !Attached/ 20 feet 5 feet to posts 5 feet to posts Open or Building
(SF), Two-famil) !detached Patio twith a permitted with a permitted lattice-top
(TF) Covers 2 foot overhang 2 foot overhang patio
covers may
be located
r,vithin the
required
private
recreation
soace.
SF Garages, 20 feet 5 feet 5 feet See (2). Residential
Work.shoes Addition
SF, TF Frontyard Arbors 5 feet 5 feet N/A Open Building
~rellises or
arbors not
greater in
size than 4 1ft. X 6 ft. X
10 ft or4 ft.
x10ft.x
the width of
the
driveway if
used over
a drivewav.
SF, TF Tool Sheds, 20 feet 5 feet 5 feet See (1). Building
Decks over 30
inches in height
SF, TF Porte-cochere Must observe Must observe N/A Residential
same setbacks as same setbacks Addition
home. as home.
SF, TF Room Additions, Must comply with See (1 ), Residential
Other Habitable all development (2). Addition
Structures Standards of
Section 21.45.070
SF Second Dwelling Must comply with See {2), 8eooA8
Units all development (3). ---, ...
standards of ~
Sections 21.10.015 Building
and 21.45.070.
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Table F, continued
Residential Additions/Accessorv Use Standards
SF Guest Houses Must comply with See (2), Residential
all development (3). !Addition
standards of
Section 21.45.070.
SF, TF Pool, Spa 20 feet 5 feet for5 feet for ~ments. Building
pool, 2 feet pool, 2 feel
&or soa. or soa.
SF, TF Satellite N/A N/A N/A N/A See
!Antenna Sections
21.53.140,
21.45.060
SECTION 13: That Title 21, Chapter 21.201 of the Carlsbad Municipal Code is
amended by the amendment of section 21.201.085 to read as follows:
21.201.085 Minor coastal permits for Second Dwelling Units.
A. The planning director may issue minor coastal permits for second dwelling
units in the coastal zone which comply with the following criteria:
1. The development is consistent with Section 21.10.015 of this title and the
certified local coastal program as defined in Section 30108.6 of the Coastal Act.
2. The development has no adverse effect individually or cumulatively on
coastal resources or public access to the shoreline or along the coast.
B. The director shall give written notice of pending development decision after the
application is complete, at least fifteen working days prior to the decision on the
application as follows:
1. Contents. The notice shall include: a statement of a public comment period
of at least fifteen working days sufficient to receive and consider comments submitted
by mail prior to the date established for the decision.
2. Recipients. The notice shall be sent by first class mail to:
a. Any person requesting to be on the mailing list for the project or for
coastal decisions; and
b. All property owners and residents within one hundred feet of the project
perimeter; and
c. The Coastal Commission;
d. The applicant.
C. The Planning Director may approve, approve with conditions or deny the
permit. The director's decision shall be based upon the requirements of, and shall
include specific factual findings supporting whether the project Is or is not in conformity
with, the certified local coastal program (and, if applicable, with the public access and
recreation policles of Chapter 3 of the Coastal Act).
The Planning Director's decision shall be made In writing. The date of the
decision shall be the date the writing containing the decision or determination Is malled
or otherwise delivered to the person or persons affected by the decision or
determination. The Planning Director shall provide a notice of final local action In
accordance with Sections 21.201.160 and 21.201.170 of this code, in addition to the
Planning Director's written decision.
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D. Minor coastal permits for Second Dwelling Units are not appealable to the
Planning Commission or City Council.
EFFECTIVE DATE: This ordinance shall be effective thirty days after its
adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be
published at least once in a publication of general circulation in the City of Carlsbad within
fifteen days after its adoption. (Not withstanding the preceding, this ordinance shall not be
effective within the City;s Coastal Zone until approved by the California Coastal Commission.)
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INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
Council on the __________ day of ___ 2003, and thereafter.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the __ day of _____ 2003, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
CLAUDE A. LEWIS, Mayor
ATTEST:
LORRAINE M. WOOD, City Clerk
(SEAL)
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