HomeMy WebLinkAbout1995-11-01; Planning Commission; ; ZCA 95-04|LCPA 95-12 - ACCESSORY STRUCTURES HEIGHT LIMITATION---
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A REPORT TO THE PWMNG COMMISSION
P.C. AGENDA OF: NOVEMBER 1, 199S
Item No.@
Application complete date: April 5, 1995
Project Planner: Eric Munoz
Project Engineer: Jim Davis
SUBJECT: ZCA ,s-04/LCPA ,s-12 • ACCESSORY STRUCTURES HEIGHT
LIMITATION -A Zone Code Amendment to various chapters of the
Carlsbad Municipal Code (Tide 21 -Zoning Ordinance) to add regulations
restricting the building height of all residential accessory structures to one
stozy with a height limit of 14 feet. Since the proposed zone code amendment
will affect residential zones Citywide, and portions of the City are within the
Coastal Zone, a Local Coastal Program Amendment is also being processed.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 3830
RECOMMENDING APPROVAL of ZCA 95-04 based on the findings contained therein, and
ADOPT Planning Commission Resolution No. 3831 RECOMMENDING APPROVAL of
LCP A 95-12 based on the findings contained therein.
II. INTRODUCTION
This project proposes an amendment to the zoning ordinance that would limit the maximum
building height of all residential accessory structures to fourteen feet/one story. This
amendment was initiated by City Council action via the approval and adoption of a
Resolution of Intention (ROI 95-84) on April 4, 1995. Specifically, ROI 9S-84 (attached)
declares the Council's intention to consider a zone code amendment to place a one story
height limitation on all accessozy structures in all residential zones Citywide. This would
represent an additional layer of regulations applicable to accessoey structures in addition to
the regulations imposed by ZCA 92-07 approved in 1993. ZCA 92-07 is described below
in Project Description and Baekground.
III. PROJECT DESCRIPTION AND BACKGROUND
This zone code amendment would revise the following chapters and sections of the zoning
ordinance: 21.08.050 (R-A), 21.10.050 (R-1), 21.12.050 (R-2), 21.16.0S0 (R-3), 21.18.050 (R-
P), 21.20.080 (R-T), 21.22.060 (R-W), and 21.24.090 (RD-M). This amendment would apply
ZCA 95-04/LCPA 95-12 -ACCESSORY STRUCIURES HEiurff LIMITATION
NOVEMBER 1, 1995
PAGE2
to properties which have one of the above listed zoning designations throughout the City.
The result of this zone code amendment would be a one story accessory structure height
limit permitting up to 14 feet with a 3:12 minimum roof pitch or up to 10 feet with less than
a 3: 12 minimum roof pitch.
Attached to the zone code amendment resolution (Planning Commission Resolution No.
3830), is the revised text to the various chapters and sections of the zoning ordinance which
would establish and implement the single story accessory structure height limitation.
Attached to this staff report (Exhibit "Z") is a redline/strik:e-out version of the ordinance
changes.
Over the last four years, several regulations have incrementally been approved which have
reduced the height and intensity of residential structures and single family development
standards. Zone Code Amendment (ZCA) 91-03 approved in October 1991, made two
major changes to the zoning ordinance and building height regulations. The first major
change was to re-establish the method for determining building height. In brief summary,
the old building height definition measured to the mid-point of a roof and based the point
of measurement on the adjacent grade five feet outside of the building walls. With this
definition, alteration of grades adjacent to the building and a steep roof pitch allowed the
legal construction of buildings which appeared to exceed the 35 foot height limit. The new
definition measures buildings to the peak and the point of measurement is taken &om any
and all points around the building perimeter (not five feet out). The second major change
&om ZCA 91-03 was a lowering of maximun single family/duplex building heights &om 35
feet with unlimited stories to 30 feet and two stories.
After ZCA 91-03, another zone code amendment (ZCA 92-07) was approved in June of
1993 which established specific accessory structure regulations. Prior to ZCA 92-07,
residential accessory structures were only regulated by the lot's underlying zoning
designations's development standards; but in addition were allowed to be located within side
and rear yard setback areas. For example, a single family homeowner with a height limit
of 30 feet/2 stories used to be able to construct an accessory structure right up to the side
or rear property lines and up to the 30 foot height limit. In brief summary, ZCA 92-07
distinguished between habitable and non-habitable accessory structures. With ZCA 92-07,
only non-habitable accessory structures were allowed within a lot's required setback areas
and subject to additional development standards including: a one story/14 foot height limit,
a maximum building area of 440 square feet and cl minimum side and rear yard setback of
5 feet. As a result of ZCA 92-07, accessory structures (habitable or non-habitable) within
the buildable area of a lot (outside required setback areas) have the same development
standards as the main building on the lot.
This zone code amendment, ZCA 9S-04, proposes to limit all accessory structures to the one
story/14 foot height limit; regardless of whether it is a habitable or non-habitable accessory
structure or whether a lot's buildable area or setback area is involved.
Included in the proposed zone code text changes is an amended definition for "accessoty"
(modification of Section 21.04.020) for the purposes of more clearly defining and
ZCA 95-04/LCPA 95-12 -1"CCESSORY STRUCTURFS HEICJ-.... T LIMITATION
NOVEMBER 1, 1995
PAGE3
distinguishing accessory structures from main dwelling units. In addition, the current
"accessory" definition refers to a "common wall" whereby if a common wall attaches an
accessory structure with a main dwelling unit, the accessory structure is considered part of
the main building and therefore no longer qualifies as accessory. However, no definition
currently exists for "common wall" so one is proposed with this project ( addition of Section
21.04.098).
The purpose of modifying the "accessory" definition and adding a "common wall" definition
is to prevent a situation whereby an accessory structure is truly detached from the main
building but it is technicaIIy "attached" to the main building by a trellis type overhang, piece
of board· or wall that connects the two. By being considered the main building, the one
story height limitation for accessory structures could be exceeded via this loophole. The
proposed definition modifications will truly require the connection through the use of a
common wall to qualify a building area as a portion of the main dwelling unit. Conversely,
accessory structures will truly be detached from the main building without any attachments
to the main building to prevent exceeding the one story accessory structure height limit.
In considering this zone code amendment, the planning issues are as follows:
1. What are the pros and cons with regards to restricting all residential accessory
structures to a single story height limitation?
2. Would adoption and implementation of the proposed zone code amendment create
any conflicts with the City's Second Dwelling Unit Ordinance?
3. Will the proposed zone code amendment retain consistency with the City's Local
Coastal Program?
IV. ANALYSIS
Pro/Con Analysis
Pros:
1. Accessory structures regardless of location on the property, would be limited to one
story in height consistent with the Council Resolution of Intent.
2. No conflicts will result with the City's second dwelling unit prOYisions (see Second
Dwelling Unit Ordinance discussion below).
3. Eliminates loophole potential via a technical "attachment" of the accessory structure
to the main structure since a common wall will now be defined and required for
attachment. Accessory structures will not involve a common wall with the main
dwelling unit.
4. Potential for incremental increase in privacy for adjacent property owners/occupants.
ZCA 9S-04/LCPA 95-12 -nCCESSORY STRUCTURF.S HEl\.-~IT LIMITATION
NOVEMBER 1, 1995
PAGE4
5. It would limit or ameliorate the visual impacts to adjacent property owners often
associated with two story structures.
Cons:
1. The last four years has seen an increase in regulations which continually further
restrict single family/residential property owners: (1) a lowering of SF/duplex
building height limit; (2) a new and more restrictive manner of defining and
calculating building height; and (3) ZCA 92-07 approved on 6/15/93 and described
above in Project Description and Background, restricts accessory structures within
setback areas to single story, in addition with other development standards intended
to limit development intensity. This ZCA would implement additional regulations
imposed upon single family property owners for the development of the buildable
area of their lots.
2. Long term development patterns may create a situation whereby a restricted single
story accessory structure within the buildable portion of a lot may be replaced in the
future by a main dwelling unit structure (or a portion of the main structure) up to
30 feet/two stories in single family scenarios (assuming there is compliance with lot
coverage).
3. Potential for misinterpretation and/or abuse of the "common wall" definition may
exist.
4. The creation of non-conforming situations Citywide by making two-story accessory
structures non-conforming may create problems for private homeowners who wish
to sell their homes and must make appropriate disclosures regarding the extent and
nature of the non-conforming aspect of their property. The creation of non-
conforming situations will also impact the City's code enforcement efforts as well as
consistent zone code implementation.
Second ]?welling Unit Ordinance
The City's Second Dwelling Unit (SOU) Ordinance established provisions for allowing rental
affordable housing units to be located on existing single family lots subject to certain
conditions and development standards as outlined in Section 21.10.015 of the zone code.
One of the provisions states that detached SOUs shall have a one story height limitation
except when located over a garage. Therefore, an appropriate exemption to the accessory
structure single story height limitation is proposed to allow SOUs over garages located
within the buildable portion of a lot pursuant to Section 21.10.015(c)3(O). For example, in
the R-1 single family zone, the proposed exemption is contained in subsection
21.10.050(O)(i)(g) as contained in the zone code text attachment to Resolution No. 3830.
ZCA 95-04/LCPA 95-12 -dCCESSORY STRUCTURES HEl\J.dT LIMITATION
NOVEMBER 1, 1995
PAGES
Consistency with l.ocal Coastal Program
Local Coastal Programs (LCPs) consist of a land use plan, zoning ordinances and other
implementing actions. Because the city's zoning code seJVes as the implementation plan for
the LCP directly, or through references in existing master plans or the Village Design
Manual, the proposed zone code amendment is also an amendment to all six segments of
the Carlsbad Local Coastal P_rogram. Therefore, approval of the zone code amendment by
the City and the California Coastal Commission will result in consistency between the zoning
code and the implementation plan for the LCP. Should the proposed zone code
amendment be approved by the City Council, City staff will submit a Local Coastal Program
Amendment application to the California Coastal Commission.
A six week public comment period was provided for the proposed Local Coastal Program
Amendment beginning on September 7, 1995 and ending on October 19, 1995. A copy of
the notice was also mailed to the interested parties list maintained by the City for LCP
amendment actions. No written comments were received.
V. ENVIRONMENTAL REVIEW
The Planning Director has determined that the environmental impacts associated with the
proposed accessory structure regulations have already been addressed in the environmental
review for accessory structure regulations as covered in ZCA 92-07 approved on June 15,
1993. The regulations proposed with this zone code amendment are refinements of the
accessory structure provisions and development standards implemented by ZCA 92-07.
Therefore, this project and related environmental review has been found to be in prior
compliance with ZCA 92-07. No environmental impacts will result from the approval and
imp1ementation of ZCA 95-04. A Notice of Prior Compliance was issued on April 28, 1995
with a 30 day public review and comment period. No comments were received during the
public comment period.
VI. SUMMARY
The proposed zone code amendment would implement the intent and purpose of ROI 95-84
as approved by the City Council in April 1995 to consider placing a one story height
limitation on accessory structures Citywide. While there are distinct pros and cons with
regards to adopting the proposed regulations, they would implement Council direction and
therefore staff recommends approval of ZCA 95-04.
ATTACHMENTS
1. Planning Commission Resolution No. 3830
2. Planning Commission Resolution No. 3831
3. City Council Agenda Bill, "Accessory Structures Resolution of Intension" dated
April 4, 1995, and City Council Resolution of Intention No. 95-84.
4. Exhibit "Z," redline/strike-out version of ordinance changes, dated November 1, 1995.
EM:kc Oclober 12. 1995
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cr1toF CARLSBAD -AGE. BILL ________ ,___
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DEPT. PLN 'M:
TITLE:
RECOMMENDED ACTION:
.•
ACCESSORY STRUCTURES RESOLUTION
OF INTENTION
That the City Council ADOPT Resolution of Intention No. q 5-8 L/
ITEM EXPLANATION:
DEPT. HD.
This item is a City Council initiated resolution of intention to amend the zone code (Title 21 of
the Municipal Code) to limit all accessory ~tructures on residentially zoned property to one story
(14 feet with a 3/12 roof pitch or 10 feet with less than a 3/12 roof pitch) Citywide.
BACKGROUND
In accordance with City Council direction, staff has prepared the attached resolution of intention
directing the Planning Director to initiate and process a zone code amendment to restrict all
accessory structures on residentially zoned properties in the City to one story.
By way of background, the City Council approved ZCA 91-03 in October of 1991 which reduced
the building height limit for single family and similar zones from 35 feet (and no story limitation)
to 30 feet (and two stories maximum). In addition, ZCA 91-03 approved a new height definitiori
which effectively reduces building heights by measuring to the building peak as opposed to the -
structure's mid-point (per the previous Code provisions).
Soon after the new building height definition and limitations were in place, the issue of
accessory structures received the attention of the Council. This resulted in the City Council
approval of ZCA 92~07 on June 15, 1993. ZCA 92-07 required that non-habitable accessory
structures built outside a given lot's setback requirements observe a five foot minimum distance
from any side or rear property line. In addition, such non-habitable accessory structures were
further restricted with regards to: (1) size (440 sq ft maximum), (2) one story height (14 feet or
10 feet based on roof pitch), and (3) plumbing drain size (1 1/2 inch maximum). Prior to ZCA
92-07, a9cessory structures were allowed to be built right up to the side or rear property lines
with no size or height limitations. •
ZCA 92-07 did not, however, restrict the size or height of accessory structures which observed
all applicable setback requirements and were developed within the buildable portion of the lot.
Current City standards limiting development within a lot's buildable area include setbacks,
building_ height and lot coverage. Consistent with current zoning and building codes, the
attachment of an accessory structure to the main or principal structure, would eliminate the
•accessory• status of the structure and it would only be subject to the development standards
pertaining to the main structure; it would not be subjl;!ct to development standards specifically
applicable to accessory structures.
FISCAL IMPACT
No fiscal impacts would be created by the approval of the resolution of intention and
corresponding zone code amendment processing .
EXHIBITS
1. Resolution of Im.:e_ntion No. q 5-8 Lf
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I
CITY COUNCIL RESOLUTION OF INTENTION NO. 95-84
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, DECIARING ITS INTENTION TO
CONSIDER A ZONE CODE AMENDMENT TO RESTRICT
ACCESSORY STRUCTURES IN ALL RESIDENTIAL ZONES TO
ONE STORY IN HEIGHT.
Pursuant to Section 21.52.020 of the Carlsbad Municipal Code the City Council
of the City of Carlsbad hereby declares its intention to consider an amendment of Title 21
of the Carlsbad Municipal Code to:
Place a one story limitation (14 feet with a 3/12 roof pitch or 10 feet with
less than a 3/12 roof pitch) for accessory structures in all residential zones
.· Citywide.
The Planning Director is directed to study said amendment and after appropriate
study set the matter for public hearing before the Planning Commission an~ this City
Council.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City
16 COUNCIL of the City of Carlsbad, California, on the 4th day of APRIL • 1995, by
17 the following vote, to wit:
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25 ATTEST:
AYES: Council Members Lewis, Nygaard, Kulchin, Finnila, Hall
NOES: None
ABSENT: None
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,_ AL~TIIA4d~~ 28
(SEAL)
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ORDINANCE NO. ----
EXHIBIT "Z"
November 1, 1995
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING VARIOUS SECTIONS OF
VARIOUS CHAPTERS OF TITLE 21 OF THE CARLSBAD
MUNICIPAL CODE TO RESTRICT ALL RESIDENTIAL
ACCESSORY STRUCTURES TO A ONE-STORY/14 FOOT HEIGIIT
LIMIT.
CASE NAME: ACCESSORY STRUCTURES HEIGIIT LIMITATION
CASE NO: ZCA 95-04
The City Council of the City of Carlsbad, California, does ordain as follows:
SECTION 1: That Title 21, Chapter 21.04 Section 21.04.098 of the Carlsbad
Municipal Code is amended to read as follows:
"21.04.020. Accessory.
"Accessory" means a building, part of a building or structure, or use which
12 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
13 common wall such aeeessory building lfi#. is considered a part of the main building 1\§ ntt:tamt•¢.W.!!Pl.¥/;/iuil.Um1mtl-lM•ffl.iat.&• ''··········· ..... • ••••••••••
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SECTION 2: That Title 21, Chapter 21.04 Section 21.04.098 of the Carlsbad 15 Municipal Code is added to read as follows:
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21 SECTION 3: That Title 21, Chapter 21.08, Section 21.08.050 of the
22
Carlsbad Municipal Code is amended to read as follows:
23 "21.080.0S0(l)(D).
(D)(i) All accessory structures shall comply with the following development
. 24 standards:
(a) The lot coverage shall include accessory .structures in the lot
25 coverage calculations for the lot;
(b) The distance between buildings used for human habitation and 26 accessory buildings shall be not less than 10 feet;
27 ( c) When proposed on a lot adjoining native vegetation, accessory
structures within a fire suppression zone must be reviewed and approved by the Fire
28 Department;
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1 with the main dwelling unit structure;
( e) Buildings shall not exceed one story;
2 (t) 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;
3 (g) Second dwelling units constructed above detached garages,
4 located within a lot's buildable area, pursuant to Section 21.10.015 (c)3(D) of this title are
not subject to the one story/fourteen foot height limitation imposed on accessory
5 structures.
(ii) Habitable detached accessory structures shall comply with all
6 requirements of the zone applicable to placement of a dwelling unit on a lot including
setbacks.
7 (iii) Detached accessory structures, which are not dwelling units and
8 contain no habitable space, including but not limited to garages, workshops, tool sheds,
decks over 30 inches above grade, and freestanding patio covers2 b.JlJL~mply with the
g following additional development standards when located witliiita lot's requrrecfsef6aclc 7
[ areas: J 1--------,
10 ---(a) The maximum allowable building area per structure shall not
exceed a building coverage of 440 square feet;
11 (b) The following setbacks shall apply: A front yard setback of 20
12 feet, a rear yard setback of 5 feet, a side yard setback of 5 feet, and an alley setback of 5
feet;
13 c) The maximum plumbing drain size shall be 1 1/2 inch in
15
• ameter so as to prohibit toilets, showers, bathtubs and other similar fixtures;
(iv) The provisions of this section are applicable notwithstanding the
permit requirements contained in Section 18.04.015 of this code."
16 SECTION 4: That Title 21, Chapter 21.08, Section 21.08.050 of the Carlsbad
Municipal Code is amended to read as follows:
17
18
"21.080.050(2)(0).
(D)(i) All accessory structures shall comply with the following development
standards: 19 (a) The lot coverage shall include accessory structures in the lot
20 coverage calculations for the lot;
(b) The distance between buildings used for human habitation and
21 accessory buildings shall be not less than 10 feet;
~) When proposed on a lot adjoining native vegetation, accessory 22 structures within a fire suppression zone must be reviewed and approved by the Fire
23 Department;
( d) Accessory buildings, by definition, do not share a common wall
24 with the main dwelling unit structure;
( e) Buildings shall not exceed one story;
(t) Building height shall not exceed fourteen feet if a minimum
26 roof pitch of 3:12 is provided or ten feet if less than a 3:12 roof pitch is provided;
(g) Second dwelling units constructed above detached garages,
located within a lot's buildable area, pursuant to Section 21.10.015 (c)3(D) of this title are
not subject to the one story/fourteen foot height limitation imposed on accessory
25
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1 (ii) Habitable detached accessory structures shall comply with all
requirements of the zone applicable to placement of a dwelling unit on a lot including
2 setbacks.
(iii) Detached accessory structures, which are not dwelling units and
3 contain no habitable space, including but not limited to garages, workshops, tool sheds,
4 decks over 30 inches above grade, and freestanding patio covers shall comply with the
following additional development standards when located within a lot's required setback
5 areas:
(a) The maximum allowable building area per structure shall not
6 exceed a building coverage of 440 square feet;
(b) The following setbacks shall apply: A front yard setback of 20
7 feet, a rear yard setback of 5 feet, a side yard setback of 5 feet, and an alley setback of 5
8 feet;
( c) The maximum plumbing drain size shall be 1 1/2 inch in
g diameter so as to prohibit toilets, showers, bathtubs and other similar fixtures;
(iv) The provisions of this section are applicable notwithstanding the
1 0 permit requirements contained in Section 18.04.015 of this code."
11 SECTION 5: That Title 21, Chapter 21.10, Section 21.10.050 of the
12 Carlsbad Municipal Code is amended to read as follows:
13
"21.10.050(1)(P).
14 (D) (i) All accessory structures shall comply with the following
development standards: 15 (a) The lot coverage shall include accessory structures in the lot
16 coverage calculations for the lot;
(b) The distance between buildings used for human habitation and
17 accessory buildings shall be not less than 10 feet;
(c) When proposed on a lot adjoining native vegetation, accessory
18 structures within a fire suppression zone must be reviewed and approved by the Fire
19 Department;
( d) Accessory buildings, by definition, do not share a common wall
20 with the main dwelling unit structure; •
( e) Buildings shall not exceed one stoiy;
21 (f) Building height shall not exceed fourteen feet if a minimum
roof pitch of 3: 12 is pr~ded or ten feet if less than a 3: 12 roof pitch is provided; 22 (g) Second dwelling units constructed above detached garages,
23 located within a lot's buildable area, pursuant to Section 21.10.015 (c)3(D) of this title are
not subject to the o~e story/fourteen foot height limitation imposed on accessory
24 structures.
(ii) Habitable detached accessory structures shall comply with all
25 requirements of the zone applicable to placement of a dwelling unit on a lot including
setbacks. 26 (iii) Detached accessory structures, which are not dwelling units and
27 contain no habitable space, including but not limited to garages, workshops, tool sheds,
decks over 30 inches above grade, and freestanding patio covers shall comply with the
28 following additional development_ standards when located within a lot's required setback
3
1
2
3
4
5 (ii) 1B addition, Habitable detached accessory structures shall comply
6 with all requirements of the zone applicable to placement of a dwelling unit on a lot
including setbacks.
(iii) Detached accessory structures, which are not dwelling units and
8 contain no habitable space, including but not limited to garages, workshops, tool sheds,
decks over 30 inches above grade, and freestanding patio covers shall comply with the
g it~a1ng additional development standards w.he:n:dmm.~wblft'llnptdlot~srt.Mfflted:::1tttlfflel
7
10 (a) The maximum allowable building area per structure shall not
exceed a building coverage of 440 square feet;
11 (b) Buildiags shall not 90eed oBe story;
12
13
(e) BwldiBg height shall not ~eed 14 feet if a miBiB¼llm roof
pitoh of three to tv;elve (l:12) is provided or 10 feet if less
tau a 3:12 roof piteh is provided;
W[li The following setbacks shall apply: A front yard setback
14 of 20 feet, a rear yard setback of 5 feet, a side yard setback of 5 feet, and an alley setback
of 5 feet; 15 (e)IIJ The maximum plumbing drain size shall be 1 1/2 inch
16 in diameter so as to prohibit toilets, showers, bathtubs and other similar fixtures;
(iv) The provisions of this section are applicable notwithstanding the
17 permit requirements contained in Section 18.04.015 of this code."
18 SECTION 4: That Title 21, Chapter 21.08, Section 21.08.050 of the Carlsbad
19 Municipal Code is amended to read as follows:
20 "21.080.050(2)(D).
(D)(i) All accessory structures shall comply with the following development
21 standards:
(a) The lot coverage shall include accessory structures in the lot
22 coverage calculations for the lot;
23 (b) The distance between buildings used for human habitation and
accessory buildings shall be not less than 10 feet;
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
25 Department;
::~
2
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3 (ii) 1B. aaditioB, Habitable detached accessory structures shall comply
4 with all requirements of the zone applicable to placement of a dwelling unit on a lot
including setbacks.
5 (iii) Detached accessory structures, which are not dwelling units and
contain no habitable space, including but not limited to garages, workshops, tool sheds,
6 decks over 30 inches above grade, and freestanding patio covers shall comply with the
7 ~§;ng additional development standards WP!~:E!!!r!f!~~:=g!.!9:'I!I!P:~t!t!ffll!!!:~:l!!!l!:'-P.!
8 (a) The maximum allowable building area per structure shall not
exceed a building coverage of 440 square feet;
9
10
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(b) B1:1ildiB-gs shall not ~eed oBe story;
(e) Buildiag height shall not eeeed 14 feet if a minimum roof
piteh of three to twellfe (3:12) is provided or 10 feet if less
than a 3:12 roof piteh is pr0¥ided;
Wf§I The following setbacks shall apply: A front yard setback
12 of 20 feet, a rear yard setback of 5 feet, a side yard setback of 5 feet, and an alley setback
of 5 feet;
13 (e){§'} The maximum plumbing drain size shall be 1 1/2 inch
in diameter so as to prohihff toilets, showers, bathtubs and other similar fixtures;
14 (iv) The provisions of this section are applicable notwithstanding the
15 permit requirements contained in Section 18.04.015 of this code."
16 SECTION 5: That Title 21, Chapter 21.10, Section 21.10.050 of the
17 Carlsbad Municipal Code is amended to read as follows:
18 "21.10.0S0(l)(D).
19 (D) (i) All accessory structures shall comply with the following
development standards:
20
21
(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 10 feet; 22 ( c) When proposed on a lot adjoining native vegetation, accessory
23 structures within a fire suppression zone must be reviewed and approved by the Fire
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25
26
27
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Department;
3
(ii) 1B: addition, Habitable detached accessory structures shall comply
2 with all requirements of the zone applicable to placement of a dwelling unit on a lot
including setbacks.
3 (iii) Detached accessory structures, which are not dwelling units and
4 contain no habitable space, including but not limited to garages, workshops, tool sheds,
decks over 30 inches above grade, and freestanding patio covers shall comply with the
5 ,f~;ng additional development standards lf.!!!-:!f=:19f.4t~ff@-i=•?l!\.~:$1fifflt-~f.1=:=~~-g'.@
6 (a) The maximum allowable building area per structure shall not
exceed a building coverage of 440 square feet;
7 (b) BtiHdings shall not aeeed oBe story;
8
9
(c) Building height shall not ~eed 14 feet if a miaimam roof
piteh of three to twel¥e (3:12) is prov:ided or 10 feet if less
than a 3:12 roof piteh is provided;
(Eitffl} The following setbacks shall apply: A front yard setback
10 of 20 feet, a rear yard setback of 5 feet, a side yard setback of 5 feet, and an alley setback
of 5 feet; 11 ~6). The maximum plumbing drain size shall be 1 1/2 inch
12 in diameter so as to prohibit toilets, showers, bathtubs and other similar fixtures;
(iv) The provisions of this section are applicable notwithstanding the
13 permit requirements contained in Section 18.04.015 of this code."
14 SECTION 6: That Title 21, Chapter 21.10, Section 21.10.050 of the
15 Carlsbad Municipal Code is amended to read as follows:
16 "21.10.050(2)(D).
17 (D)(i) All accessory structures shall comply with the following
development standards:
18 (a) The lot coverage shall include accessory structures in the lot
19 coverage calculations for the lot;
(b) The distance between buildings used for human habitation and
20 accessory buildings shall be not less than 10 feet;
( c) When proposed on a lot adjoining native vegetation, accessory
21 structures within a fire suppression zone must be reviewed and approved by the Fire
Department; :,
24 .. ·=·= -❖= J~um
:: !:kl':'> ~~i--!
27 ttffle.tmst
(ii) In addition, Habitable detached accessory structures shall comply
28 with all requirements of the zone applicable to placement of a dwelling unit on a lot
4
1 including setbacks.
(iii) Detached accessory structures, which are not dwelling units and
2 contain no habitable space, including but not limited to garages, workshops, tool sheds,
decks over 30 inches above grade, and freestanding patio covers shall comply with the 3 ~t.Ms1ng additional development standards ~~!.!!·:·:!~!~=:-~!!:]MJ.9~~-:·:!~9.}P.~f,Pi':·!!I!~~
4 . (a) The maximum allowable building area per structure shall not
5 exceed a building coverage of 440 square feet;
6
7
(b) Buildiags shall Bot ~eed oae story;
(e) Buildiag aeight sawl Bot e:meed 14 feet if a miaimum roof
pitOB of three to twewe (3: 12) is prwlided or 10 feet if less
thaa a 3:12 roof piteli is prwrided;
8 ~{§1 The following setbacks shall apply: A front yard setback
of 20 feet, a rear yard setback of 5 feet, a side yard setback of 5 feet, and an alley setback
9 of 5 feet; ~il The maximum plumbing drain size shall be 1 1/2 inch
10 in diameter so as to prohibit toilets, showers, bathtubs and other similar fixtures;
11 (iv) The provisions of this section are applicable notwithstanding the
permit requirements contained in Section 18.04.015 of this code."
12
13
SECTION 7: That Title 21, Chapter 21.12, Section 21.12.050 of the
Carlsbad Municipal Code is amended to read as follows:
14
"21.12.050 (l)(D). 15 (D)(i) All accessory structures shall comply with the following
16 development standards:
(a) The lot coverage shall include accessory structures in the lot
17 coverage calculations for the lot;
(b )The distance between buildings used for human habitation and 18 accessory buildings shall be not less than 10 feet;
19 ( c) When proposed on a lot adjoining native vegetation, accessory
structures within a fire suppression zone must be reviewed and approved by the Fire
20 Department;
21
22
23
24
25
26 (ii) IIi additioa, Habitable detached accessory structures shall comply
with all requirements of the zone applicable to placement of a dwelling unit on a lot
27 including setbacks.
(iii) Detached accessory structures, which are not dwelling units and
28 contain no habitable space, including but not limited to garages, workshops, tool sheds,
5
1 decks over 30 inches above grade, and freestanding patio covers shall comply with the
2
=~i&7ng additional development standards w.Jimulnc.afllVw.,iBilu/JtaoNswt«qu:i:t:e.ibs.:e:tl.acl
(a) The maximum allowable building area per structure shall not
3 exceed a building coverage of 440 square feet;
4
5
6
(b) BuilcliBgs shall not ~eeed oBe story;
(e) Buildiag aeight saall Bot e:1Eeeed 14 feet if a miBimum roof
piteh of three to t\T;eh•e (3:12) is provided or 10 feet if less
thim a 3:12 roof piteh is proviaea; wmJ The following setbacks shall apply: A front yard setback
of 20 feet, a rear yard setback of 5 feet, a side yard setback of 5 feet, and an alley setback
7 of 5 feet;
8 ~il The maximum plumbing drain size shall be 1 1/2 inch
in diameter so as to prohib1f toilets, showers, bathtubs and other similar fixtures;
g (iv) The provisions of this section are applicable notwithstanding the
10
11
permit requirements contained in Section 18.04.015 of this code."
SECTION 8: That Title 21, Chapter 21.12, Section 21.12.050 of the
12 Carlsbad Municipal Code is amended to read as follows:
13 "21.12.050(2)(0).
(D)(i) All accessory structures shall comply with the following
14 development standards:
15 (a) The lot coverage shall include accessory structures in the lot
coverage calculations for the lot;
16 (b) The distance between buildings used for human habitation and
accessory buildings shall be not less than 10 feet;
17 ( c) When proposed on a lot adjoining native vegetation, accessory
structures within a fire suppression zone must be reviewed and approved by the Fire
18 Department;
19
20
21
22
23
24 (ii) 1B additioB, Habitable detached accessory structures shall comply
with all requirements of the zone applicable to placement of a dwelling unit on a lot
25 including setbacks.
(iii) Detached accessory structures, which are not dwelling units and 26 contain no habitable space, including but not limited to garages, workshops, tool sheds,
27 decks over 30 inches above grade, and freestanding patio covers shall comply with the
28 ~~:~~ng additional development standards wlir-tttd~t¢.{bmlttJtiiltt~S~41.W9Ntl:§§ffilck
6
1
2
3
4
(a) The maximum allowable building area per structure shall not
exceed a building coverage of 440 square feet;
(b) Buildings shall not 9eeed one story;
(e) B:eildi:eg height shall not e:JEeeed 14 feet if a mi:eim:em roof
piteh of three to twel-;e (3:12) is provided or 10 feet if less
than a 3:12 roof piteh is prEYAded;
~). The following setbacks shall apply: A front yard setback
5 of 20 feet, a rear yard setback of 5 feet, a side yard setback of 5 feet, and an alley setback
of 5 feet;
6 . (e)~i~ · The maximum plumbing drain size shall be 1 1/2 inch
in diameter so as to prohibit toilets, showers, bathtubs and other similar fixtures;
7 (iv) The provisions of this section are applicable notwithstanding the
8 permit requirements contained in Section 18.04.015 of this code."
9 SECTION 9: That Title 21, Chapter 21.16, Section 21.16.050 of the
10 Carlsbad Municipal Code is amended to read as follows:
11 "21.16.050(1)(D).
12 (D)(i) All accessory structures shall comply with the following
development standards:
13
14
(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 10 feet; 15 ( c) When proposed on a lot adjoining native vegetation, accessory
16 structures within a fire suppression zone must be reviewed and approved by the Fire
Department;
17
18
19
20
21
.,.,,.,: . ..::. ..... _ .. :.:.:t¢m 22 (ii) 1B. addition, Habitable detached accessory structures shall comply
23 with all requirements of the zone applicable to placement of a dwelling unit on a lot
including setbacks.
(iii) Detached accessory structures, which are not dwelling units and
contain no habitable space, including but not limited to garages, workshops, tool sheds,
25 decks over 30 inches above grade, and freestanding patio covers shall comply with the
26 following additional development standards w.lieiidociitett,;jyltnmi:allit!s.ifequii.edisetlmel
ate.a&!
24
27
28
·:-:-:-:··-:·:·:-:-:·::
(a) The maximum allowable building area per structure shall not
exceed a building coverage of 440 square feet; •
(b) Buildings shall not e*eeed ooe story;
7
1
2
(e) Builaing height shall Bot eJWeed 14 feet if a miBimum roof
pitch of three to twelTte (3:ti) is provided or 10 feet if less
thaB a 3:12 roof pitch is prO"lided;
fatffij The following setbacks shall apply: A front yard setback
3 of 20 feet, a rear yard setback of 5 feet, a side yard setback of 5 feet, and an alley setback
4 of 5 feet;
W,ti} The maximum plumbing drain size shall be 1 1/2 inch
5 in diameter so as to prohibit toilets, showers, bathtubs and other similar fixtures;
(iv) The provisions of this section are applicable notwithstanding the
6 permit requirements contained in Section 18.04.015 of this code."
7 SECTION 10: That Title 21, Chapter 21.16, Section 21.16.050 of the
8 Carlsbad Municipal Code is amended to read as follows:
9
"21.16.050(2)(D).
10 (D)(i) All accessory structures shall comply with the following
development standards: 11 (a) The lot coverage shall include accessory structures in the lot
12 coverage calculations for the lot;
(b) The distance between buildings used for human habitation and
13 accessory buildings shall be not less than 10 feet;
( c) When proposed on a lot adjoining native vegetation, accessory
14 structures within a fire suppression zone must be reviewed and approved by the Fire
15 Department;
1
1
1
1
20
' (ii) IB additioB, Habitable detached accessory structures shall comply
21 with all requirements of the zone applicable to placement of a dwelling unit on a lot
including setbacks.
22 (iii) Detached accessory structures, which are not dwelling units and
23 contain no habitable space, including but not limited to garages, workshops, tool sheds,
decks over 30 inches above grade, and freestanding patio covers shall comply with the
24 !~~~7ng additional development standards W:h¢.:.utlnffltildlfflitr1t.#l6.f.$U.\ffl)Jit&bs.e.l.iac.l
25 (a) The maximum allowable building area per structure shall not
26 exceed a building coverage of 440 square feet;
(ll) Buildings shall not eJWeed one story;
27
28
(e) Building height shaD not ~eed 14 feet if a minimum roof
pitch of three to t\vel--;e (3:12) is prO"lided or 10 feet if less
thaB a 3:12 roof pitch is provided;
8
1 (d,[p} The following setbacks shall apply: A front yard setback
of 20 feet, a rear yard setback of 5 feet, a side yard setback of 5 feet, and an alley setback
2 of 5 feet;
(e)(ti) The maximum plumbing drain size shall be 1 1/2 inch 3 in diameter so as to prohihff toilets, showers, bathtubs and other similar fixtures;
4 (iv) The provisions of this section are applicable notwithstanding the
permit requirements contained in Section 18.04.015 of this code."
5
6
SECTION 11: That Title 21, Chapter 21.18, Section 21.18.050 of the
Carlsbad Municipal Code is amended to read as follows: 7
"21.18.050 (7)(C).
(C)(i) All accessory structures shall comply with the following 8
g development standards:
(a) The lot coverage shall include accessory structures in the lot
10 coverage calculations for the lot; .
(b) The distance between buildings used for human habitation and 11 accessory buildings shall be not less than 10 feet;
12 ( c) When proposed on a lot adjoining native vegetation, accessory
structures within a fire suppression zone must be reviewed and approved by the Fire
13 Department; •
14
15
16
17
18
19 (ii) IB additioB, Habitable detached accessory structures shall comply
with all requirements of the zone applicable to placement of a dwelling unit on a lot
20 including setbacks.
(iii) Detached accessory structures, which are not dwelling units and
21 contain no habitable space, including but not limited to garages, workshops, tool sheds,
decks over 30 inches above grade, and freestanding patio covers shall comply with the
:: -g additional development standards ~
(a) The maximum allowable building area per structure shall not
24 exceed a building coverage of 440 square feet;
25
26
27
(h) Buildiags shall Bot ~eed oae stm:y;
(e) Building height shall Bot ~eeed 14 feet if a miBimum roof
pitch of th.rec to tv;el:r,re (J: 12) is pro¥.ided or 10 feet if less
thaB a 3:12 roof pitch is provided; Wffl:J, The following setbacks shall apply: A front yard setback
of 20 feet, a rear yard setback of 5 feet, a side yard setback of 5 feet, and an alley setback
28 of 5 feet;
9
1 (e)til The maximum plumbing drain size shall be 1 1/2 inch
in diameter so as to prohibif toilets, showers, bathtubs and other similar fixtures;
2 (iv) The provisions of this section are applicable notwithstanding the
3
permit requirements contained in Section 18.04.015 of this code."
4 SECTION 12: That Title 21, Chapter 21.20, Section 21.20.080 of the
5 Carlsbad Municipal Code is amended to read as follows:
6 "21.20.080. Accessory Structures.
(1) All accessory structures shall comply with the following
7 development standards: ,
8 (a) The lot coverage shall include accessory structures in the lot
coverage calculations for the lot;
9 (b) The distance between buildings used for human habitation and
accessory buildings shall be not less than 10 feet;
10 (c) When proposed on a lot adjoining native vegetation, accessory
structures within a fire suppression zone must be reviewed and approved by the Fire
11 Department;
12
13
14
15
16
17 (ii) 1B adelitioB, Habitable detached accessory structures shall comply
with all requirements of the zone applicable to placement of a dwelling unit on a lot
18 including setbacks.
(iii) Detached accessory structures, which are not dwelling units and 19 contain no habitable space, including but not limited to garages, workshops, tool sheds,
20 decks over 30 inches above grade, and freestanding patio covers shall comply with the
21
~g additional .development standards~~
(a) The maximum allowable bmldmg area per structure shall not
22 exceed a building coverage of 440 square feet;
23
24
25
(b) BuileliBgs shall Bot aeeeel oBe story;
(e) BuilEliBg height shall Bot aeeed 14 feet if a miBimum roof
piteh. of three to twelve (3:12) is provideel or 10 feet if less
thaa a 3:12 roof pitch is prwr.ided;
(titf.6.~ The following setbacks shall apply: A front yard setback
of 20 feet, a rear yard setback of 5 feet, a side yard setback of 5 feet, and an alley setback 26 of 5 feet;
27 ~i} The maximum plumbing drain size shall be 1 1/2 inch
in diameter so as to prohihif toilets, showers, bathtubs and other similar fixtures;
28 (iv) The provisions of this section are applicable notwithstanding the
10
1 permit requirements contained in Section 18.04.015 of this code."
2 SECTION 13: That Title 21, Chapter 21.22, Section 21.22.060 of the
3 Carlsbad Municipal Code is amended to read as follows:
4
5
6
"21.22.060. Accessozy Structures.
(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 lot;
7 (b) The distance between buildings used for human habitation and
8 accessory buildings shall be not less than 10 feet;
( c) When proposed on a lot adjoining native vegetation, accessory
g structures within a fire suppression zone must be reviewed and approved by the Fire
Department;
10
11
12
13
14
15 (ii) In addition, Habitable detached accessory structures shall comply
16 with all requirements of the zone applicable to placement of a dwelling unit on a lot
including setbacks.
17 (iii) Detached accessory structures, which are not dwelling units and
contain no habitable space, including but not limited to garages, workshops, tool sheds,
18 decks over 30 inches above grade, and freestanding patio covers shall comply with the
19 =~~~ng additional development standards wli~1nloeatetbRIHnta.,~Jm~s.wmguire.il~,§.g.tha9k
20
21
22
23
' (a) The maximum allowable building area per structure shall not
exceed a building coverage of 440 square feet;
(b) Buildings shall not ~eed one story;
(e) Building height shall not e,ooeea 14 feet if a minimum roof
piteh of three to twewe (3:12) is provided or 10 feet if less
th.an a 3:12 roof piteh is provided;
WlBj The following setbacks shall apply: A front yard setback
24 of 20 feet, a rear yard setback of 5 feet, a side yard setback of 5 feet, and an alley setback
of 5 feet;
25 (e)"} The maximum plumbing drain size shall be 1 1/2 inch
26 in diameter so as to prohibit toilets, showers, bathtubs and other similar fixtures;
(iv) The provisions of this section are applicable notwithstanding the
27 permit requirements contained in Section 18.04.015 of this code."
28 SECTION 14: That Title 21, Chapter 21.24, Section 21.24.090 of the Carlsbad
11
1 Municipal Code is amended to read as follows:·
2 "21.24.090. Access01y Structures.
(1) All accessory structures shall comply with the following 3 development standards:
4 . (a) The lot coverage shall include accessory structures in the lot
coverage calculations for the lot;
5
6
(b) The distance between buildings used for human habitation and
accessory buildings shall be not less than 10 feet;
: ( c) When proposed on a lot adjoining native vegetation, accessory
structures ~thin a fire suppression zone must be reviewed and approved by the Fire
7 Department; .
8
9
10
11
12
13 (ii) IB addition, Habitable detached accessory structures shall comply
with all requirements of the zone applicable to placement of a dwelling unit on a lot
14 including setbacks.
15 (iii) Detached accessory structures, which are not dwelling units and
contain no habitable space, including but not limited to garages, workshops, tool sheds,
16 decks over 30 inches above grade, and freestanding patio covers shall comply with the
17 :~~7ng additional development standards wh1udo.Mt¢.~b-1iiuu,ul§f.;~nmqmr.ed\1.etlia.i.1
(a) The maximum allowable building area per structure shall not
18 exceed a building coverage of 440 square feet;
19
20
21
(e) Buildi&gs shall Bot 9eeed OBe st01y;
(o) Boodi&g height shall not 90eed 14 ~et if a minimllm roof
pit~ of three to t\velx,re (3:12) is provided or 10 feet if less
th&il a 3:12 roof pitch is proviEled;
(tit{§}. The following setbacks shall apply: A front yard setback
of 20 feet, a rear yard setback of 5 feet, a side yard setback of 5 feet, and an alley setback
22 of 5 feet;
23 ~#.j The maximum plumbing drain size shall be 1 1/2 inch
in diameter so as to prohibit toilets, showers, bathtubs and other similar fixtures;
24
25
26
27
28
(iv) The provisions of this section are applicable notwithstanding the
permit requirements contained in Section 18.04.015 of this code."
12
1 EFFECTIVE DATE: This ordinance shall be effective thirty days after its
2 adoption and final approval by the California Coastal Commission, and the city clerk shall
3 certify to the adoption of this ordinance and cause it to be published at least once in a
4 newspaper of general circulation within fifteen days after its adoption.
5
6
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad
City Council on the __ day of __ _, 1995, and thereafter
7
8 PASSED AND ADOPTED at a regular meeting of the City Council of the
g City of Carlsbad on the __ day of __ _, 1995, by the following vote, to wit:
10
11
AYES:
NOES:
ABSENT: 12
13
14
15
APPROVED AS TO FORM AND LEGALITY
16 11-------------RONALD R. BALL, City Attorney
17
18
19
20 ATTEST:
21
CLAUDE A. LEWIS, Mayor
22 ALETHA L. RAUTENKRANZ, City Clerk
23
24
25
26
27
28
13