HomeMy WebLinkAbout1993-04-07; Planning Commission; ; ZCA 92-07 - ACCESSORY STRUCTURES ZCAAPPLICATION COMPLETION DATE:
FEBRUARY 2, 1993
STAFF PLANNER: DON NEU
®
Sf AFF REPORT
DATE: APRIL 7, 1993
TO: PLANNING COMMISSION
FROM: PLANNING DEPARTMENT
SUBJECT: ZCA 92-07 ACCESSORY SfRUCTURES ZCA -Request for recommendation of
approval of: 1) a Negative Declaration, and 2) an amendment to Title 21 of the
Carlsbad Municipal Code to define habitable space, and amend the development
standards for ac~essory structures in the residential zones of the City.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 3501,
recommending APPROVAL of the Negative Declaration issued by the Planning Director, and
ADOPT Planning Commission Resolution No. 3502, recommending APPROVAL of ZCA 92-07,
based on the findings and subject to the conditions contained therein.
II. PROJECT DESCRIPTION AND BACKGROUND
The City Council at its meeting of June 2, 1992 adopted Urgency Ordinance No. NS-203.
Adoption of the ordinance was based upon testimony received by the Council regarding the
issuance of building permits for construction of habitable accessory buildings in the R-1 zone
within the required side or rear yard setbacks. Permits for several habitable accessory
buildings were issued based on confusing provisions of the Municipal Code. After a review
of the code provisions it was determined that it was not the Council's intent to allow the
construction of such structures in required rear or side yard setbacks. The urgency ordinance
was passed in order to allow staff the time to study the provisions of the code and process
a zone code amendment for possible modifications to the code.
The urgency ordinance contains the following major provisions:
1) Prohibits the acceptance, processing and issuance of building permits for any accessory
type structures in the required rear and sideyard setbacks in the R-1 zones;
ZCA 92-07 ACCESSORY STRUCTURES ZCA
APRIL 7, 1993
PAGE 2
2) Prohibits the issuance or a final inspection or certificate of occupancy for such
structures which are presently under construction and where they exceed one story in
height: and
3) Provides a process whereby after notice and public hearing, the City Council can waive
the prohibitions of the ordinance upon findings by the City Council that the continued
construction or issuance of permits for such structures do not represent a public health
or safety threat.
On July 14, 1992 the Council extended the urgency ordinance for 10 months and 15 days or
until a zone code amendment is considered and acted upon whichever occurs first. The
urgency ordinance will expire on June 2, 1993.
Staff has reviewed the zoning regulations of a number of cites and the county pertaining to
accessory structures. These regulations have been compared to the existing provisions of Title
21 of the Carlsbad Municipal Code. The regulations of other cities reviewed showed that
accessory structures are permitted subject to a number of common standards. Staff has
considered these standards, the Council's intent, the land use issues associated with accessory
structures, in addition to the public health, safety and welfare issues posed by these types of
uses. The result was the development of 3 options which covered the broadest range
concerning how the code could be revised to address development standards for accessory
structures. ,_The three options considered were:
1) Create new standards which prohibit habitable and non-habitable accessory structures
from encroaching into required building setbacks.
2) Maintain present standards. Existing standards allow a non-dwelling accessory
building to be built to the rear lot line and to the side lines to the rear of the required
side yards. Additional requirements apply to lots which rear upon an alley. The
existing code provisions are contained in the strikeout and highlighted copy of the
proposed ordinance attached to this staff report.
3) Develop new standards which address the issues identified with the placement of
accessory structures in the city's residential zones.
Staff is proposing a zone code amendment which follows option number 3 above. The
following section of this report provides the details of this proposal.
ZCA 92-07 ACCESSORY STRUCTURES ZCA
APRIL 7, 1993
PAGE 3
m. ANALYSIS
Planning Issues
1. Do the proposed standards clearly state that habitable accessory structures are not
permitted within the setbacks required in each residential zone consistent with the
intent expressed by the City Council?
2. Do the proposed standards make clear the distinction between the requirements for
detached habitable and detached non-habitable accessory structures?
3. Do the proposed standards address the land use compatibility issues identified with the
placement of non-habitable accessory structures?
DISCUSSION
City Council Intent Regarding Habitable Accessory Structures
When considering the proposed urgency ordinance the City Council indicated that it was not
their intent that habitable accessory structures be permitted within the setbacks required in
each of the City's residential zones. Confusion with the existing provisions of the code results
over the description of accessory uses as "non-dwelling". The zoning ordinance presently
defines a "dwelling unit as one or more rooms in a dwelling or apartment house designed for
occupancy by one family for living or sleeping purposes, and having only one kitchen." The
Zoning Ordinance does not contain a definition for habitable space or structure. Because of
this, planning staff relied on a determination provided by the building department that under
the Uniform Building Code if a structure does not contain a kitchen it is not considered a
dwelling unit. When an accessory structure is not defined as a dwelling unit it is permitted
in the setbacks. Based on this definition accessory structures which are habitable and contain
no kitchen are permitted within the building setbacks.
Consistent with the Council's intent the proposed ordinance defines what is considered a
habitable space or structure and clarifies that habitable accessory structures must comply with
the building setbacks of the applicable zone. In the ordinance the proposed definition for
"habitable space or structure" is any space in a structure for living, sleeping, eating or cooking.
This definition will be the first measure used to determine what standards are applicable to
placement of a proposed accessory structure on a lot. The ordinance then includes a list of
standards applicable to detached accessory structures which are not habitable. These
standards are proposed to address the potential impacts that accessory structures can have on
occupants of adjacent properties.
ZCA 92-07 ACCESSORY STRUCTURES ZCA
APRIL 7, 1993
PAGE4
Detached Habitable and Detached Non-habitable Accessozy Structures
The proposed standards make it clear that there are different standards applicable to the
placement of a detached habitable accessory structure as compared to a detached non-
habitable accessory structure. The proposed ordinance requires all detached habitable
accessory structures to comply with the setbacks applicable to placement of a dwelling unit
on a lot. The result will be that any structure containing space determined to be habitable
based on the proposed definition of habitable space or structure will be subject to the
requirements of the applicable zone for placement of a dwelling unit.
Development Standards for Non-habitable Accessozy Structures
The proposed ordinance contains standards for non-habitable accessory structures which
address the land use compatibility issues identified with their placement. The intent of these
standards is to allow non-habitable accessory structures which are of a size, height, and
located on the property so as to not have a significant impact on the occupants of adjacent
dwelling units. The following is a summary of the proposed standards:
Maximum allowable building area 440 sq. ft.
Lot coverage Include in max. allowed for zone
Number of stories One story
Building height 14 feet maximum
Building setbacks
Front 20 feet
Rear 5 feet
Interior side 5 feet
Street side 10 feet
Alley 5 feet
Building Separation 10 feet from all structures used for human
habitation.
Lots adjoining native vegetation Fire Department approval required.
Plumbing Maximum drain size 1 1/2 inch in diameter.
The proposed standards will reduce the potential for accessory structures to negatively impact
occupants of adjacent dwelling units. The existing ordinance allows accessory structures to
be built on the side and rear property lines to the maximum height and number of stories
allowed for all buildings within the zone. The only limit currently in place for the size of
accessory structures is the lot coverage standard for the zone. The proposed language is
attached to this staff report. Also attached are graphics illustrating the application of the
existing ordinance requirements to the proposed ordinance on a lot zoned R-1 (One-Family
Residential). The proposed ordinance has been reviewed by representatives of the Building
Department, Fire Department, and City Attorney's Office.
ZCA 92-07 ACCESSORY STRUCTURES ZCA
APRIL 7, 1993
PAGE 5
IV. ENVIRONMENfAL REVIEW
No physical alteration of the environment is associated with this zone code amendment,
therefore no significant physical, biological, or human environmental impacts will result. This
zone code amendment establishes specific development standards for accessory structures.
This type of structure is usually proposed for an already developed. residential property. They
are considered to be ministerial projects which qualify as statutory exemptions from the
California Environmental Quality Act (CEQA) pursuant to Section 15268 of the CEQA
Guidelines. This zone code amendment was analyzed through an Environmental Assessment
• Part-II (Initial Study). The Planning Director has determined that ZCA 92-07 would not
create any significant adverse environmental impacts, and a Negative Declaration was issued
on October 15, 1992.
ATTACHMENTS
1. Planning Commission Resolution No. 3501
2. Planning Commission Resolution No. 3502 .
3. Exhibit "A", Illustrating the Amendments (Strikeout & bold copy of the ordinance)
4. Exhibits "B" and "C", dated April 7, 1993
DN:lh
February 25, 1993
R-1 EXAMPLE: EXISTING STANDARDS
601
440 SQ.FT.
MAX. HT. 30'
MAX# OF
STORIES-2
1251
I
6'
12'·
-----•--,
I
I I
L-----------1
I 1 O' MIN. REQ. 1
BTW. STRUCTURES I
.,jll,.
2,560 SQ.FT.
531 MAX. HT. 30'
MAX.# OF
STORIES-2
... -481 .. ... , " .
f --
201
. • STREET
Minimum ·Lot Area:
7,500 Sq. Ft.
Maximum Lot Coverage:
40% (3,000 Sq. Ft.)
6'1 Habitable Building Footprint:
2,560 Sq. Ft.
Accessory Structure:
440 Sq. Ft.
(Limited Only By Lot
Coverage Standard)
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►m
"tlX ;;o :t
roo
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1.0 = w
R-1 EXAMPLE: PROPOSED STANDARDS
440 SQ.FT. M
MAX. HT. 14'
MAX# OF
STORIES-1
1
AX.
25'
5'
6'
60'
21•t 12'
----•--, ,-----
I 21 1 I
I • I
I I
I I
I I
L-----------1
I 1 0' MIN. REQ. 1 •
I BTW. STRUCTURES I
6'
2,560 SQ.FT.
MAX. HT. 30'
MAX.# OF
STORIES-2
· 48'
-----. --f --
20'
+
STREET
Minimum Lot Area:
7,500 Sq. Ft.
Maximum Lot Coverage:
40% (3,000 Sq. Ft.)
Habitable Building Footprint:
2,560 Sq. Ft.
Non-Habitable Accessory
Structure:
440 Sq. Ft.
~-~
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.... -ID ()
ID : w
Accessory Structures/
Related Regulations
e Involves four timeframes
* Prior to October 1991
* October 1991 -June 1993
* June 1993 -present
* Future
i-
i-b&i ---
Prior to October 1991
• Accessory structures only regulated by
building height and lot coverage
e Height limit was 35 feet lll.easured fro111
adjacent grade to roof 111.idpoint
e Accessory structures allowed up to
side/ rear property lines via building
permit to 35 foot height limit
e No story limitation; only 35 feet and
subject to lot coverage provisions
--,.m --,___
Octa ber 1991 -June 1993
• Citywide building height for single
fatnily / duplex zones lowered frotn 35 ft to 30 ft
• 30 ft height litnit includes 2-story 111axi1nu111 and
a 1nini111u1n roof pitch
• Definition/ calculation of building height
changed to account for grade changes along
building peritneter to the roof peak -m.ore
restrictive
• Accessory structures subject to new definition
and lowered m.axim.um. height -
i-'.:A -----
June 1993 -present (April 1996)
• Approval of ZCA 92-07 distinguished:
* habitable vs. non-habitable accessory structures
• Only non-habitable accessory structures allowed within a
lot's setback areas
• Such non-habitable accessory structures subject to more
restrictive development standards:
* 5' setback; 440 sq. ft. max. size; one story; 14'
with roof pitch/10' without; 11/2" max. drain size
• Any accessory structure (hab. or non-hab.) in a lot's
buildable area subject only to underlying development
standards:
* setbacks; 30' / 2 stories; lot coverage
-,.}A ---
.----SETBACK AREAS SUBJECT
TO ZCA 92-07 ------
6'
BUILDABLE
AREA
121
i
201
SINGLE FAMILY LOT
6'
•
Future
e ZCA 95-04 -would lin1it all accessory
structures city-wide to one story /14 feet
regardless of:
* setback areas vs. buildable area
* habitable vs. non-habitable
accessory structures
e Since City includes coastal zone
properties, an amendment to the City's
LCP would be required (LCP A 95-12)
-i-ffii ---
6'
#1
r----~-----
1 I
I #2
HOUSE
EXPANSION
121
POOL
.... -------..,....-_ __._____ ___ ----I
MAIN
HOUSE
i
201
SINGLE FAMILY LOT
s·
J • ' ..I
#1 121
6' 6'
~--~--;
I L_J I
1 HOUSE I I
1 EXPANSION 1
---------'-------t
ACC. STR. #1
* SUBJECT TO ZCA 92-07
* 1 STORY/14 FT MAX
* 51 SETBACK
* 440 SQ FT
ACC. STR. #2
* SUBJECT TO ZCA 95-04
* 1 STORY/14 FT MAX
MAIN
HOUSE
201
HOUSE EXPANSION
* NOT SUBJECT TO
ZCA 92-07 OR 95-04
* 30 FT HT. LIMITS
* 2 STORIES MAX
* LOT COVERAGE
COMPLIANCE
SINGLE FAMILY LOT