HomeMy WebLinkAbout2014-01-15; Planning Commission; ; ZCA 13-02/LCPA 13-03 – DWELLING DEFINITIONS
The City of Carlsbad Planning Division
A REPORT TO THE PLANNING COMMISSION
Item No.
Application complete date: N/A
P.C. AGENDA OF: January 15, 2014 Project Planner: Kevin Pointer
Project Engineer: N/A
SUBJECT: ZCA 13-02/LCPA 13-03 – DWELLING DEFINITIONS — A request for a recommendation of
approval of a Zone Code Amendment and Local Coastal Program Amendment to amend
the city’s Zoning Ordinance to improve the definitions of ‘dwelling unit’ and ‘kitchen’
and add a definition of ‘wet bar.’ The proposed amendments are exempt from
environmental review pursuant to CEQA Section 15061(B).
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 7029 RECOMMENDING
APPROVAL of ZCA 13-02 and LCPA 13-03 based on the findings contained therein.
II. PROJECT DESCRIPTION AND BACKGROUND
This project is a city-initiated Zone Code Amendment and Local Coastal Program Amendment consisting
of amendments to the text of the Zoning Ordinance (Title 21 of the city’s Municipal Code) to improve
the definitions of ‘dwelling unit’ and ‘kitchen’ and add a definition of ‘wet bar,’ to enhance the city’s
code compliance efforts.
At the City Council workshop of November 12, 2013, staff presented a report to the City Council
regarding code compliance efforts. The report informed the City Council of:
Statewide statistics reflecting an increase in code compliance cases in many communities.
Carlsbad’s experience with an increase in complaints and neighbor-to-neighbor disputes.
Carlsbad’s experience with an increase in zoning and building use violations reported to the city,
in part due to an increase in infill development.
At the workshop, staff presented case studies of typical code violations including a residentially zoned
lot permitted to be developed and used as a single family dwelling with an additional second dwelling
unit limited to 640 square feet. Illegal improvements completed without permit include conversion of a
wet bar to a kitchen in the single family dwelling with additional interior modifications, thereby creating
an additional/separate dwelling unit. Furthermore, the property owner illegally converts the garage to
an additional dwelling unit. The property owner then moves off site and rents out three separate units
in what was permitted as a single family dwelling and a fourth unit in what was permitted as a second
dwelling unit. Multiple code violations exist in this case study, including the creation of two
unpermitted dwelling units.
There are several methods to enhance the city’s code compliance efforts to address potential code
violations such as these, including strengthening the city’s code enforcement-related ordinances. This
includes improving the city’s land use ordinance definitions of ‘dwelling unit’ and ‘kitchen’ and adding a
definition of ‘wet bar.’
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ZCA 13-02/LCPA 13-03 — DWELLING DEFINITIONS
January 15, 2014
Page2
The proposed amendments are consistent with applicable portions of the General Plan and maintain
internal consistency with the Local Coastal Program (LCP). With regard to the LCP, the Zoning Ordinance
is the implementing ordinance; therefore an LCPA is necessary. However, no portion of the LCP land use
plan document is proposed to be amended.
III. ANALYSIS
The proposed amendments to the Zoning Ordinance are provided in strikethrough/underline format
(Attachment 2).
Adding a definition of ‘wet bar’ will assist staff in clearly identifying wet bars and differentiating them
from kitchens. Additionally, the definition of ‘kitchen’ is proposed to be amended to specify a kitchen’s
distinguishing characteristics: provision of cooking appliances or rough-in facilities for cooking
appliances; as well as a refrigerator or rough-in facilities for a refrigerator that exceeds specified
dimensions. Finally, the definition of ‘dwelling unit’ is amended to assist staff in identifying specific
components of a residential development that constitute a dwelling unit (i.e., kitchen instead of wet
bar).
The proposed amendments to the Zoning Ordinance are consistent with the General Plan and other
sections of the Zoning Ordinance.
IV. ENVIRONMENTAL REVIEW
The proposed amendments are exempt from environmental review pursuant to CEQA Section 15061(B),
which exempts projects “where it can be seen with certainty that there is no possibility that the activity
in question may have a significant effect on the environment.” The changes proposed by this project are
primarily clarifying in nature and are not substantial and will not significantly affect the existing
development standards in the Zoning Ordinance; therefore, the project will not result in a significant
effect on the environment. A Notice of Exemption will be filed.
ATTACHMENTS:
1. Planning Commission Resolution No. 7029 (ZCA 13-02/LCPA 13-03)
2. Proposed Text Changes to the Zoning Ordinance (Title 21) Shown in Strikethrough/Underline
Format
Attachment 2
DWELLING UNIT DEFINITIONS
ZCA 13-02/LCPA 13-03
PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21)
SHOWN IN STRIKETHROUGH/UNDERLINE FORMAT
AMENDMENTS TO CHAPTER 21.04
DEFINITIONS
Section 21.04.120
21.04.120 Dwelling unit. "Dwelling unit" means a single unit providing a complete, independent living facility for
one or more persons including permanent provisions for living, sleeping, eating, cooking and sanitation one or more rooms in a dwelling or apartment house and designed for occupancy by one family for living or sleeping purposes, and having only one kitchen. For the purposes of this
section, provisions for sanitation include a toilet, sink and shower or bathtub.
Section 21.04.200
21.04.200 Kitchen.
A. "Kitchen" means any room or portion of a room used or intended or designed to
be used for cooking or the preparation and storage of food and containing one or both of the
following:
1 Cooking appliances or rough-in facilities for cooking appliances including,
but not limited to: stoves or stovetops, built-in grills, ovens (gas or electric); microwave ovens or similar appliances. Rough-in facilities may include, but not necessarily be limited to: built-in
counter tops and cabinetry, gas lines or electrical wiring. 2. A refrigerator or rough-in space for a refrigerator exceeding six cubic feet
in capacity, the typical dimensions of which might be as follows:
A Depth of twenty-five inches;
B. Height of thirty-five inches; and
C. Width of twenty-five inches.
Section 21.04.200
21.04.378.1 Wet bar.
A. “Wet bar” means an area within a dwelling unit, notwithstanding a kitchen as
defined in Section 21.04.200, designed for the purpose of preparing beverages and containing a
DENSITY BONUS REGULATIONS (ZCA 13-01/LCPA 13-02) PROPOSED TEXT CHANGES TO CARLSBAD MUNICIPAL CODE
Page 2
small counter top and sink with running water. For the purposes of this section, a wet bar does not contain:
1. Gas lines or electrical wiring exceeding 110 volts that could power
cooking appliances including, but not limited to: stoves or stovetops, built-in grills, ovens (gas or
electric); microwave ovens or similar appliances.
2. A refrigerator or rough-in space for a refrigerator exceeding six cubic feet in
capacity, the typical dimensions of which might be as follows:
a. Depth of twenty-five inches;
b. Height of thirty-five inches; and
c. Width of twenty-five inches.
3. A sink or rough-in space for a sink with a waste line drain exceeding one
and a half inches in diameter, a depth of eighteen inches or an overall size of two square feet.
4. Cabinetry or counter space exceeding six lineal feet.
Community & Economic Development
1635 Faraday Ave. Carlsbad, CA 92008 760-602-2710 760-602-8560 fax
ERRATA SHEET FOR AGENDA ITEM #4
Memorandum
January 15, 2014
To: Planning Commission
From: Kevin Pointer, Associate Planner
Via Don Neu, City Planner
Re: Errata Sheet for Agenda Item #4 – ZCA 13-02/LCPA 13-03 – DWELLING DEFINITIONS
Staff is recommending that the Planning Commission include the following revisions:
1. The definition of “kitchen” in Exhibit “X,” dated January 15, 2014 and attached to Planning
Commission Resolution No. 7029, is modified to delete language shown as follows; with the
deletion of language marked with strikethrough text and the addition of underlined text:
21.04.200 Kitchen.
A. "Kitchen" means any room or portion of a room used or intended or designed to be
used for the preparation and storage of food and containing one or both of the following:
1. Cooking appliances or rough-in facilities for cooking appliances including, but
not limited to: stoves or stovetops, built-in grills, ovens (gas or electric); microwave
ovens or similar appliances. Rough-in facilities may include, but not necessarily be
limited to: built-in counter tops and cabinetry, gas lines or electrical wiring.
2. A refrigerator or rough-in space for a refrigerator exceeding six cubic feet in
capacity, the typical dimensions of which might be as follows:
A. Depth of twenty five inches;
B. Height of thirty five inches; and
C. Width of twenty five inches.
21.04.378.1 Wet bar.
A. “Wet bar” means an area within a dwelling unit, notwithstanding a kitchen as defined in
Section 21.04.200, designed for the purpose of preparing beverages and containing a small counter top
and sink with running water. For the purposes of this section, a wet bar does not contain:
1. Gas lines or electrical wiring exceeding 110 volts that could power cooking
appliances including, but not limited to: stoves or stovetops, built-in grills, ovens (gas or electric);
microwave ovens or similar appliances.
2. A refrigerator or rough-in space for a refrigerator exceeding six cubic feet in
capacity, the typical or dimensions of which might be as follows:
a. Depth of twenty-five inches;
b. Height of thirty-five inches; and
c. Width of twenty-five inches.
3. A sink or rough-in space for a sink with a waste line drain exceeding one and a
half inches in diameter, a depth of eighteen inches or an overall size of two square feet.
4. Cabinetry or counter space exceeding six lineal feet.
ZCA 13-02/LCPA 13-03 — DWELLING DEFINITIONS ERRATA
January 15, 2014
Page 2
The aforementioned change is recommended to address comments submitted by Jim Courtney in an
email to city staff following distribution of the Planning Commission agenda packet. A copy of Mr.
Courtney’s email and staff’s response is attached.
2. All references to the project requiring a Local Coastal Program Amendment shall be eliminated
from Planning Commission Resolution No. 7029, including from Exhibit “X,” dated January 15,
2014.
The aforementioned change is recommended based on an opinion provided by the City Attorney’s
office, indicating that the project does not require a Local Coastal Program Amendment. The City
Attorney’s office has provided this opinion based on language in California Public Resources Code,
which states that an action by the city is not subject to the Coastal Act if the city is imposing further
restrictions on land uses than established by the Coastal Act; and the restrictions are not in conflict
with the Coastal Act.
attachments