HomeMy WebLinkAbout2017-07-19; Planning Commission; ; ZCA 2016-0001/LCPA 2016-0001 (PUB16Y-0002) – SECOND DWELLING UNIT CODE AMENDMENT
The City of Carlsbad Planning Division A REPORT TO THE PLANNING COMMISSION
Item No.
Application complete date: N/A
P.C. AGENDA OF: July 19, 2017 Project Planner: Corey Funk
Project Engineer: N/A
SUBJECT: ZCA 2016-0001/LCPA 2016-0001 (PUB16Y-0002) – SECOND DWELLING UNIT CODE
AMENDMENT — A request for recommendation of approval of a Zoning Code
Amendment and Local Coastal Program Amendment to make the city’s regulation of
second dwelling units (now known as accessory dwelling units) consistent with the
changes to Government Code Section 65852.2 made by Assembly Bill 2299 (Bloom) and
Senate Bill 1069 (Wieckowski). The City Planner has determined that this project is
statutorily exempt from the requirements of the California Environmental Quality Act
(CEQA) pursuant to Section 21080.17 of the Public Resources Code and Section 15282(h)
of the CEQA Guidelines, in that Division 13 of the Public Resources Code (CEQA) does not
apply to the adoption of an ordinance by a city or county to implement the provisions of
Section 65852.1 or Section 65852.2 of the Government Code.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 7254 RECOMMENDING
APPROVAL of a Zoning Code Amendment ZCA 2016-0001 and Local Coastal Program Amendment LCPA
2016-0001, based on the findings contained therein.
II. PROJECT DESCRIPTION AND BACKGROUND
This project is a city-initiated Zoning Code Amendment and Local Coastal Program Amendment consisting
of amendments to the text of the Municipal Code. With regard to the Local Coastal Program (LCP), the
Zoning Ordinance is the LCP implementing ordinance; therefore an LCP amendment is necessary.
However, no portion of the LCP land use plan document is proposed to be amended.
In September 2016, Governor Brown signed AB 2299 (Bloom) and SB 1069 (Wieckowski) into law,
amending state laws with respect to second dwelling units (Government Code Section 65852.2). The new
state law is intended to address the shortage of affordable housing by easing restrictions on accessory
dwelling units. The law went into effect on January 1, 2017, and in so doing, made local ordinances null
and void. Local agencies are to follow state regulations for accessory dwelling units until a new ordinance
is adopted by the local agency that complies with the mandatory provisions of the law. Governor Brown
also signed Assembly Bill 2406 (Thurmond), which created a new type of accessory dwelling unit called a
junior accessory dwelling unit; however, the provisions of this law are not mandatory for local jurisdictions
and at this time staff is not proposing amendments that would implement Assembly Bill 2406.
In the changes to state law, the term second units has been changed to accessory dwelling units, and
Carlsbad’s amendment similarly updates its terminology and now refers to this type of development as
accessory dwelling units (ADU).
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Government Code Section 65852.2, as amended, contains mandatory provisions that local agencies must
implement, and also contains areas of local agency discretion. This report is organized based on this
distinction, but also includes other amendments that are related but do not fall into the above two
categories. It does not discuss provisions of Section 65852.2 that Carlsbad is already in compliance with,
unless a clarification amendment is proposed. Unless modified as allowed by the areas of local agency
discretion, the proposed amendments address all mandatory provisions of Section 65852.2.
The proposed amendments to the Zoning Ordinance are presented in strikeout/underline format in
Attachment 2 and are summarized and analyzed as follows:
A. Mandatory provisions
TABLE A
1. Timing for approvals Decisions on ADU applications must be completed within 120 days, including
Minor Coastal Development Permits within the Coastal Zone (if applicable).
2. ADU types The new law identifies three different types of ADUs:
a. Conversions of existing space – ADUs that are created from converting
the space of an existing single family home or accessory structure and
do not expand the footprint of the existing building. This type only
applies to conversions of existing space, not to projects that propose
to simultaneously construct a new single family home and an ADU as a
combined project.
b. Attached – ADUs that are attached to an existing single family home
similar to a home addition.
c. Detached – ADUs that are constructed on the same lot as the primary
residence but are free standing buildings or are constructed above a
detached garage.
3. Parking Requirement The maximum requirement that a local agency may impose is either one
space per unit or one space per bedroom. The required spaces are allowed
in setbacks or as tandem spaces.
4. Parking reduction The parking requirement shall not be imposed when:
a. The ADU is located within one-half mile of public transit.
b. The ADU is located within an architecturally and historically significant
historic district.
c. The ADU is part of the existing primary residence or an existing
accessory structure (conversion ADU – see 2.a above).
d. On-street parking permits are required but not offered to the
occupant of the accessory dwelling unit.
e. There is a car share vehicle located within one block of the accessory
dwelling unit.
Carlsbad currently does not contain areas that have been designated as
architecturally and historically significant historic districts, does not have
areas where parking permits are required, nor has any designated car-share
parking on any public street; so at this time items b, d and e do not apply.
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5. Garage replacement
parking
If the garage for the primary residence (single-family dwelling) is demolished
or converted as part of an ADU project, replacement parking for the garage is
allowed in any configuration on the same lot, including but not limited to
parking that is covered, uncovered, tandem, or provided by parking lifts.
Local agencies cannot require that a new garage be constructed to replace
the one that was demolished or converted.
6. Conversion of
existing space ADUs
ADUs that are located within the space of a primary residence or accessory
structure (conversion ADU – see 2.a above) must be approved if they:
a. Comply with Building and safety codes.
b. Provide independent exterior access.
c. Maintain side and rear setbacks sufficient for fire safety
7. Setbacks a. For an existing garage converted to an ADU – no setback is required.
b. For an ADU constructed over an existing detached garage – the
minimum required setback to side and rear lot lines is five feet.
Staff is proposing language that limits item b to garages that existed prior to
the effective date of the new state law (Jan. 1, 2017).
8. Exterior access ADUs must have independent exterior access
9. Passageway No passageway shall be required. A passageway is a pathway that is
unobstructed clear to the sky and extends from a street to one entrance of
the ADU.
Carlsbad does not currently require passageways; however, staff proposes to
add clarification in Title 21.
10. Fire sprinklers ADUs shall not be required to provide fire sprinklers if they are not required
for the primary residence.
11. Fees a. For ADUs constructed within the space of a primary residence or
accessory structure (conversion ADU – see 2.a above), no separate
utility connections can be required, nor can related connection or
capacity fees be charged.
b. For all other ADUs (attached and detached), separate utility
connections can be required, but connection fees or capacity charges
shall be proportionate to the burden of the ADU on the water or
sewer system.
Carlsbad is currently in compliance with state law; however, staff proposes to
add clarification in Title 21.
B. Areas of Local Agency Discretion
TABLE B
1. Maximum size State law limits all types of ADUs to 1,200 square feet, and also limits
attached and conversion ADUs to no more than 50% of the living area of the
primary residence. Local agencies may establish maximum unit sizes smaller
than 1,200 square feet, provided that the regulations don’t unreasonably
restrict opportunities for ADUs, and that the regulations allow an efficiency
unit as defined in Health and Safety Code Section 17958.1.
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Recommendation Carlsbad’s current regulations limit maximum unit size to 640 square feet,
and staff is proposing to keep this limitation unchanged because:
a. There is a successful track record of accessory dwelling unit
construction within this size limit. Through June 2016 some 382
accessory dwelling units have been constructed, and averaging
approximately 20 new ADU’s constructed each year over the last
three years. Unit sizes have ranges from less than 500 square feet to
the maximum 640 square feet. The average ADU size for which data
is available is 579 square feet.
b. Affordable income-restricted one bedroom apartments in Carlsbad
average less than 700 square feet in size. Keeping the ADU
limitations at 640 square feet will ensure that ADUs are similar in
size to existing affordable one bedroom apartments in Carlsbad.
c. Smaller housing units are generally more affordable than larger
ones, and therefore keeping the size limitation at 640 square feet is
supportive of affordable housing goals.
d. Although state law limits attached ADUs to 50% of the living area of
the primary residence, there is no percentage relationship to the
primary residence for detached ADUs. This could allow a 1,200
square foot ADU on the same property as a slightly larger primary
residence. Furthermore, 1,200 square feet could potentially allow
two and three bedroom units. Leaving the size limitation at 640
square feet will ensure that ADUs are clearly accessory to the
primary residence, and maintain compatibility with the character of
existing single-family homes.
The proposed amendment also includes the requirement that attached and
conversion ADUs be limited to 50% of the living area of the primary
residence for consistency with state law.
2. Parking ratio Except for the parking reduction above, local agencies may require one off-
street parking space either per unit or per bedroom.
Recommendation Carlsbad’s current regulations require one space per unit for ADUs, and staff
is not proposing a change to this standard. At 640 square feet or less, ADUs
are typically studio or one bedroom units. The units of closest comparable
size are studio and one bedroom apartments, which are required by Title 21
to provide 1.5 spaces per unit. However, this ratio is typically applied to a
multi-unit project. The current standard for ADUs makes sense because
ADUs are single unit projects and the ratio must be a whole number.
Furthermore, in many single-family neighborhoods, surplus street parking
for visitors is available.
3. Definition of public
transit
With respect to the above parking reduction (A.4 above), the ADU law does
not define public transit, leaving this to local agencies to implement
depending on their unique conditions.
Recommendation Staff is proposing to define public transit as a major transit stop as defined in
Public Resources Code Sections 21155(b) and 21064.3, meaning a site
containing an existing rail transit station, a ferry terminal served by either a
bus or rail transit service, or the intersection of two or more major bus
routes with a frequency of service interval of 15 minutes or less during the
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morning and afternoon peak commute periods. Applying this definition
would mean that parking for new ADUs within one-half mile of the Carlsbad
Village and Poinsettia Coaster stations would not be required.
If the ADU doesn’t provide off-street parking for the occupant, it should be
located in an area where public transit service is adequate to facilitate
residents’ reliance on transit for primary mobility, rather than automobiles.
The above transit stations offer a variety of reliable rail and bus transit
options, both local and regional, which increases the likelihood of occupants
using this mode for primary mobility. Other areas of Carlsbad have less
frequent and varied transit options, and most main east-west roads in
Carlsbad do not have bus routes (or the route frequency is extremely
limited), which makes it more likely that an ADU occupant will depend on
automobiles in these areas.
4. Car share vehicle With respect to the above parking reduction (A.4 above), the ADU law does
not define the term car share vehicle, leaving this to local agencies to
implement depending on their unique conditions.
Recommendation Staff is proposing to define the term car share vehicle as a designated car-
sharing pick-up/drop-off location consistent with California Vehicle Code
Section 22507.1. At this time, none of these facilities exist in Carlsbad;
however, this term should be clarified in case a car sharing facility is
developed in the future.
5. Occupancy State law does not require owner occupancy. Local agencies may require
applicants to be owner-occupants, and may prohibit ADUs from being used
for short-term rentals (terms less than 30 days).
Recommendation Carlsbad’s current code does not require owner-occupancy for properties
that have an ADU. It allows the owner to rent the ADU to a separate tenant
while residing on the property, as well as allowing the owner to rent the
entire property to a single tenant if the owner chooses to reside elsewhere.
Carlsbad Municipal Code already prohibits short-term rentals outside the
Coastal Zone, and allows short-term rentals inside the Coastal Zone
consistent with California Coastal Commission guidance. Staff is not
proposing a change with respect to occupancy for ADUs.
C. Other amendments
Based on guidance from the California Coastal Commission, improvements such as additions to existing
single-family dwellings are generally exempt from Coastal Act permitting requirements except when they
involve a risk of adverse environmental effects as specified in the California Coastal Commission’s
regulations (California Code of Regulations Title 14, Section 13250).
With respect to ADUs, to qualify as an exempt improvement to a single-family dwelling, an ADU must be
contained within or directly attached to the existing single-family structure or existing accessory structure.
Detached ADUs would be subject to a Minor Coastal Development Permit. The proposed amendment to
CMC Section 21.201.060 clarifies these requirements, and includes additional changes that are necessary
to make Carlsbad’s regulations consistent with California Code of Regulations Title 14, Section 13250.
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Other amendments are proposed for the purposes of clarification, including a reorganization of the ADU
regulations (CMC Section 21.10.030) and clarification that ADUs may only be developed when the
property only contains one single family home (no more than one primary dwelling and one accessory
dwelling may be developed on a lot). Additionally, amendments are required to Title 20 of the Municipal
Code. Although amendments to other Municipal Code titles are not subject to Planning Commission
review, they are included with the Title 21 amendments in Exhibit A of Attachment 1 and Attachment 2.
III. ANALYSIS
The proposed amendments are consistent with California Government Code 65852.2 and the changes
made by AB 2299 and SB 1069, and fully implement the mandatory provisions of state law.
The proposed amendments are consistent with the General Plan and directly implement General Plan
Housing Element Program 3.15 – Alternative Housing, which commits the city to amending the Second
Dwelling Unit Ordinance (Carlsbad Municipal Code Section 21.10.030) as necessary to comply with the
mandatory provisions of AB 2299 and SB 1069. The proposed amendments are consistent with the density
ranges of the General Plan Land Use and Community Design Element in that, pursuant to Government
Code 65852.2, an ADU shall not be considered to exceed the allowable density for the lot upon which it is
located. Additionally, the proposed amendments implement the policies of the General Plan, as
demonstrated below:
2-G.4 – Provide balanced neighborhoods with a variety of housing types and density ranges to
meet the diverse demographic, economic and social needs of residents, while ensuring a
cohesive urban form with careful regard for compatibility.
2-P.6 – Encourage the provision of lower and moderate-income housing to meet the objectives of
the Housing Element.
This proposal does not conflict with the Growth Management Plan in that, pursuant to Government Code
65852.2, ADUs shall not be considered in the application of any local ordinance, policy, or program to limit
residential growth. Though state law exempts ADUs from the Proposition E growth limitations, their
population impacts are factored into facility calculations for City Administrative Facilities, Libraries and
Parks.
Local Coastal Program Amendment LCPA 2016-0001 is required to bring it into consistency with ZCA 2016-
0001. In addition, pursuant to the California Coastal Commission memorandum regarding new accessory
dwelling unit legislation (dated April 18, 2017), conversion and attached ADUs (Types a and b) are
considered improvements to single family homes and therefore exempt from minor coastal development
permits; and the proposed amendments to CMC 21.201.060 add this clarification.
The other amendments to 21.201.060 are required in order to make it consistent with California Code of
Regulations Title 14, Section 13250. In summary, this amendment clarifies that improvements to
structures located between the first public road and the sea or within 300 feet of a beach or the mean
high tide line are not exempt from a minor coastal development permit or coastal development permit if
they either increase the interior floor area by 10 percent or more or increase the height by more than 10
percent.
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IV. ENVIRONMENTAL REVIEW
The City Planner has determined that this project is statutorily exempt from the requirements of the
California Environmental Quality Act (CEQA) pursuant to Section 21080.17 of the Public Resources Code
and Section 15282(h) of the CEQA Guidelines, in that Division 13 of the Public Resources Code (CEQA)
does not apply to the adoption of an ordinance by a city or county to implement the provisions of Section
65852.1 or Section 65852.2 of the Government Code. The proposed amendment implements changes to
Section 65852.2 of the Government Code made by Assembly Bill 2299 (Bloom) and Senate Bill 1069
(Wieckowski). A notice of exemption will be filed.
ATTACHMENTS:
1. Planning Commission Resolution No. 7254
a. Exhibit A: Ordinance of proposed text changes to Title 20 and 21 of the Carlsbad
Municipal Code
2. Proposed text changes to Title 20 and Title 21 of the Carlsbad Municipal Code shown in
strikeout/underline format
ATTACHMENT 2
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SECOND DWELLING UNIT CODE AMENDMENT
PROPOSED TEXT CHANGES TO TITLE 20 AND TITLE 21 OF THE CARLSBAD MUNICIPAL CODE
SHOWN IN STRIKEOUT/UNDERLINE FORMAT
1. Amendments general to Title 20 and Title 21 of the Carlsbad Municipal Code
a. Throughout Title 20 and Title 21 of the Carlsbad Municipal Code, the term second
dwelling unit(s) is proposed to be replaced with accessory dwelling unit(s)
b. All section references to 21.04.303 are proposed to be replaced with a reference to
21.04.121.
2. Amendments specific to Title 21 – Zoning
AMENDMENTS TO CHAPTER 21.04
DEFINITIONS
Section 21.04.121
21.04.121 Dwelling unit, accessory
A. Accessory dwelling unit means a residential dwelling unit that is all of the following:
1. Located on a lot zoned for residential use, and the lot contains a single one-family dwelling
and no other dwelling; and
2. Either detached from or attached to a one-family dwelling, or converted from the existing
space of a one-family dwelling or accessory structure; and
3. A dwelling that provides complete independent living facilities for one or more persons,
including permanent provisions for living, sleeping, eating, cooking and sanitation.
B. If consistent with subsection A of this definition, the following may be considered an accessory
dwelling unit:
1. An efficiency unit, as defined in Section 17958.1 of California Health and Safety Code.
2. A manufactured home, as defined in Section 18007 of California Health and Safety Code.
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Section 21.04.303
21.04.303 Second dwelling unit.
Second dwelling unit means a residential dwelling unit which is attached or detached from the primary
dwelling unit on a lot, and which provides complete independent living facilities for one or more persons.
It includes permanent provisions for living, sleeping, eating, cooking and sanitation on the same parcel as
the single-family or “primary” dwelling is situated.
AMENDMENTS TO CHAPTER 21.08
R-A RESIDENTIAL AGRICULTURAL ZONE
Section 21.08.060
21.08.060 Placement of buildings.
A. Placement of buildings on any lot shall conform to the following:
1. Interior Lots.
a. No building shall occupy any portion of a required yard;
b. Any building, any portion of which is used for human habitation, shall observe a distance
from any side lot line the equivalent of the required side yard on such lot and from the rear property line
the equivalent of twice the required side yard on such lot, except as otherwise permitted for accessory
dwelling units pursuant to Section 21.10.030;
c. The distance between buildings used for human habitation and between buildings used
for human habitation and accessory buildings shall not be less than ten feet;
d. All accessory structures shall comply with the following development standards:
i. The lot coverage shall include accessory structures in the lot coverage calculations for the
lot,
ii. The distance between buildings used for human habitation and accessory buildings shall
be not less than ten feet,
iii. When proposed on a lot adjoining native vegetation, accessory structures within a fire
suppression zone must be reviewed and approved by the fire department,
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iv. Accessory buildings, by definition, do not share a common wall with the main dwelling
unit structure, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030,
v. Buildings shall not exceed one story,
vi. Building height shall not exceed fourteen feet if a minimum roof pitch of 3:12 is provided
or ten feet if less than a 3:12 roof pitch is provided;
e. Second Accessory dwelling units constructed above detached garages, located within a
lot’s buildable area, pursuant to Section 21.10.030(E)(4) are not subject to the one-story/fourteen-foot
height limitation imposed on accessory structures;
f. Habitable detached accessory structures shall comply with all requirements of the zone
applicable to placement of a dwelling unit on a lot including setbacks, except as otherwise permitted for
accessory dwelling units pursuant to Section 21.10.030;
g. Detached accessory structures which are not dwelling units and contain no habitable
space, including, but not limited to, garages, workshops, tool sheds, decks over thirty inches above grade
and freestanding patio covers shall comply with the following additional development standards when
located within a lot’s required setback areas:
i. The maximum allowable building area per structure shall not exceed a building coverage
of four hundred forty square feet,
ii. The following setbacks shall apply: a front yard setback of twenty feet, a rear yard setback
of five feet, a side yard setback of five feet and an alley setback of five feet,
iii. The maximum plumbing drain size shall be one and one-half inches in diameter so as to
prohibit toilets, showers, bathtubs and other similar fixtures,
iv. The additional development standards listed above (subsections (A)(1)(g)(i) through (iii)
of this section) shall apply to the entire subject accessory structure, not just the portion encroaching into
a lot’s setback area; and
h. The provisions of this section are applicable notwithstanding the permit requirements
contained in Section 18.04.015.
2. Corner Lots and Reversed Corner Lots.
a. No building shall occupy any portion of a required yard;
b. The distance between buildings used for human habitation and between buildings used
for human habitation and accessory buildings shall not be less than ten feet;
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c. Any building, any portion of which is used for human habitation, shall observe a distance
from the rear property line the equivalent of twice the required interior side yard on such lot, except as
otherwise permitted for accessory dwelling units pursuant to Section 21.10.030;
d. All accessory structures shall comply with the following development standards:
i. The lot coverage shall include accessory structures in the lot coverage calculations for the
lot,
ii. The distance between buildings used for human habitation and accessory buildings shall
be not less than ten feet,
iii. When proposed on a lot adjoining native vegetation, accessory structures within a fire
suppression zone must be reviewed and approved by the fire department,
iv. Accessory buildings, by definition, do not share a common wall with the main dwelling
unit structure, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030,
v. Buildings shall not exceed one story,
vi. Building height shall not exceed fourteen feet if a minimum roof pitch of 3:12 is provided
or ten feet if less than a 3:12 roof pitch is provided;
e. Second Accessory dwelling units constructed above detached garages, located within a
lot’s buildable area, pursuant to Section 21.10.030(E)(4) are not subject to the one-story/fourteen-foot
height limitation imposed on accessory structures;
f. Habitable detached accessory structures shall comply with all requirements of the zone
applicable to placement of a dwelling unit on a lot including setbacks, except as otherwise permitted for
accessory dwelling units pursuant to Section 21.10.030;
g. Detached accessory structures which are not dwelling units and contain no habitable
space, including, but not limited to, garages, workshops, tool sheds, decks over thirty inches above grade
and freestanding patio covers shall comply with the following additional development standards when
located within a lot’s required setback areas:
i. The maximum allowable building area per structure shall not exceed a building coverage
of four hundred forty square feet,
ii. The following setbacks shall apply: a front yard setback of twenty feet, a rear yard setback
of five feet, a side yard setback of five feet and an alley setback of five feet,
iii. The maximum plumbing drain size shall be one and one-half inches in diameter so as to
prohibit toilets, showers, bathtubs and other similar fixtures,
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iv. The additional development standards listed above (subsections (A)(2)(g)(i) through (iii)
of this section) shall apply to the entire subject accessory structure, not just the portion encroaching into
a lot’s setback area; and
h. The provisions of this section are applicable notwithstanding the permit requirements
contained in Section 18.04.015.
AMENDMENTS TO CHAPTER 21.09
R-E RURAL RESIDENTIAL ESTATE ZONE
Section 21.09.020
Table A
Use P CUP Acc
Second Accessory dwelling units (subject to Section 21.10.030). The
development standards of this zone shall apply.
X
Section 21.09.100
21.09.100 Placement of buildings.
Placement of buildings on any lot shall conform to the following:
(1) Except as permitted by Sections 21.09.080 and 21.09.090, no building shall occupy any
portion of a required yard.
(2) Any building, any portion of which is used for human habitation, shall observe a distance
from any rear property line the equivalent of twice the required interior side yard, except as otherwise
permitted for accessory dwelling units pursuant to Section 21.10.030.
(3) The distance between buildings used for human habitation and detached accessory
buildings shall not be less than ten feet.
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(4) The keeping of all domestic animals provided for in this chapter shall conform to all other
provisions of law governing the same, and no pen, coop, stable or barn shall be erected within forty feet
of any building used for human habitation or within twenty-five feet of any property line.
(5) A building permit for a dwelling unit to be located further than five hundred feet from a
fire hydrant shall not be issued without the approval of the fire chief. The fire chief may require the
installation of additional safety equipment, including fire hydrants or stand pipes, as a condition of such
approval.
AMENDMENTS TO CHAPTER 21.10
R-1 ONE-FAMILY RESIDENTIAL ZONE
List of Sections
Sections:
21.10.010 Intent and purpose
21.10.020 Permitted uses
21.10.030 Second Accessory dwelling units
21.10.040 Home occupations
21.10.050 Building height
21.10.060 Front yard
21.10.070 Side yards
21.10.080 Placement of buildings
21.10.090 Minimum lot area
21.10.100 Lot width
21.10.110 Lot coverage
21.10.120 Development standards
21.10.125 Farmworker housing complex standards
21.10.130 Severability
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Section 21.10.030
21.10.030 Second Accessory dwelling units.
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 accessory dwelling units.
B. The provisions of this section shall apply only to lots that: 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.
1. Are zoned for residential use (where residential use is the primary intended use of the
zone); and
2. Contain, or are proposed to contain, a single one-family dwelling (primary dwelling) and
no other dwellings exists on the lot.
C. Permit requirements.
1. Accessory Second dwelling units developed within the coastal zone require a minor
coastal development permit issued according to the provisions of Section 21.201.080 are subject to the
permit requirements of Chapter 21.201 and require a building permit.
2. Accessory Second dwelling units outside of the coastal zone require a building permit.
3. D. The completed minor coastal development permit and/or building permit application for
an accessory second dwelling unit shall include the following information:
1a. The name(s) of the owner(s);
2b. The address of the dwelling units;
3c. The assessor’s parcel number;
4d. Building elevations and a general floor plan of the second accessory dwelling unit;
5e. A scaled drawing showing the lot dimensions, the location of the primary and second
accessory dwelling unit, location of all vehicular parking and the total square footage of both units;
6f. Description and location of water and sanitary (sewer) services; and
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7g. An owner signed and notarized a notice of restriction, to be recorded against the
property, declaring that:
ai. The property owner(s) shall reside in either the main primary dwelling unit or the second
accessory dwelling unit, unless a lessee leases both the main primary dwelling and the second accessory
dwelling unit; and
bii. The obligations and restrictions imposed on the second accessory dwelling unit per this
chapter are binding on all present and future property owners.
4. All applications for accessory dwelling units shall be acted on ministerially, without
discretionary review or a hearing (notwithstanding concurrent applications such as a variance or special
use permit), within 120 days after submittal of the permit application.
5. Notwithstanding the requirements of subsection D of this section, a building permit
application for an accessory dwelling unit shall be approved ministerially, and no new or separate utility
connection shall be required between the accessory dwelling unit and the utility, and no related utility
connection fee or capacity charge shall be required, if:
a. The accessory dwelling unit is converted from the existing space of the primary dwelling
unit or an accessory structure (this applies only to primary dwellings and accessory structures that existed
on the lot at the time of application submittal); and
b. The accessory dwelling unit has independent exterior access from the primary dwelling;
and
c. Side and rear setbacks are sufficient for fire safety.
6. No other local ordinance, policy, or regulation shall be the basis for the denial of a building
permit or minor coastal development permit under this section.
ED. Requirements for accessory Second dwelling units. shall comply with the following:
1. An accessory dwelling unit shall only be permitted on a lot that: a) is zoned for residential
use (where residential use is the primary intended use of the zone), and b) contains a single one-family
dwelling (primary dwelling) and no other dwelling exists on the lot (if no primary dwelling exists, a primary
one-family dwelling shall be constructed prior to or concurrent with the accessory dwelling unit).
2. The second accessory dwelling unit shall be located on the same lot as the primary
dwelling unit and either may be detached, attached or converted from the existing space of the primary
dwelling unit or an accessory structure. 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;
23. The second dwelling unit shall have a separate entrance; The total area of floor space for
a detached accessory dwelling unit shall not exceed six hundred forty square feet. For accessory dwelling
units that are attached or converted from the existing space of the primary dwelling unit or an accessory
9
structure, the total area of floor space shall not exceed fifty percent of the living area of the primary
dwelling unit, up to six hundred forty square feet.
34. The second accessory 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 accessory dwelling units shall
be consistent with all certified local coastal program provisions, with the exception of density, or as
otherwise specified within this subsection.;
45. Attached second accessory dwelling units shall conform to the height limits applicable to
the zone and detached second accessory dwelling units shall be limited to one story, except that second
accessory dwelling units constructed above detached garages shall be permitted and shall conform to the
height limits applicable to the zone.;
56. Garage conversions are prohibited unless replacement off-street garage parking is
provided concurrently and in compliance with the requirements of Chapter 21.44; No setback shall be
required for an existing garage that is converted to an accessory dwelling unit, and a setback of no more
than five feet from the side and rear lot lines shall be required for an accessory dwelling unit that is
constructed above a garage that existed prior to January 1, 2017.
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;
7. The accessory dwelling unit shall have an exterior access that is independent from the
exterior access to the primary dwelling.
8. A pathway from the street to the entrance of an accessory dwelling unit shall not be
required.
9. The accessory dwelling unit shall be architecturally compatible with the main dwelling
unit, in terms of appearance, materials and finished quality.
710. 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. 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; Parking for the primary dwelling unit
and the accessory dwelling unit shall be provided pursuant to Chapter 21.44 of this title, except as follows:
a. An existing parking structure, including a garage, may be converted to an accessory
dwelling unit or demolished in conjunction with the construction of an accessory dwelling unit. Any loss
of required parking for the primary dwelling shall be replaced; the replacement spaces are not required
to be provided in a garage and may be located in any configuration on the lot, including but not limited to
covered, uncovered or tandem spaces, or by the use of mechanical automobile parking lifts.
10
b. Parking for an accessory dwelling unit shall not be required in the following instances:
i. The accessory dwelling unit is proposed to be converted from the existing space of the
primary dwelling unit or an accessory structure.
ii. The location of the proposed accessory dwelling unit is within one-half mile of a major
transit stop as defined in the California Public Resources Code (subdivision (b) of Section 21155).
iii. The location of the proposed accessory dwelling unit is within one block of a designated
car share pick up and drop off location.
iv. The location of the proposed accessory dwelling unit is within an architecturally and
historically significant historic district.
v. When on-street parking permits are required but not offered to the occupant of the
proposed accessory dwelling.
811. Adequate water and sewer capacity and facilities for the second accessory dwelling unit
must be available or made available;. Accessory dwelling units shall not be considered new residential
uses for the purposes of calculating connection fees or capacity charges for utilities. Any utility connection
fee or charge shall be proportionate to the burden of the proposed accessory dwelling unit upon the water
or sewer system; and the fee or charge shall not exceed the reasonable cost of providing the service.
912. All necessary public facilities and services must be available or made available.;
13. Accessory dwelling units shall not be required to provide fire sprinklers if they are not
required for the primary dwelling unit.
14. Carlsbad building code requirements that apply to detached one-family dwellings shall
apply to accessory dwelling units as appropriate.
1015. The second accessory 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
accessory 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; and further provided, that all structures
existing on each proposed lot will comply with the development standards applicable to each lot.;
11. The total area of floor space for an attached or detached second unit shall not exceed six
hundred forty square feet;
12. The second dwelling unit shall be architecturally compatible with the main dwelling unit,
in terms of appearance, materials and finished quality;
1316. An accessory 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
11
to be a residential use consistent with the density requirements of the general plan and the zoning
designation for the lot;
a. Shall be considered a residential accessory use or accessory structure that is consistent
with the general plan or zoning designations for the lot;
b. Shall not be considered a dwelling unit when implementing general plan residential
density policies; and
c. Shall not be considered a dwelling unit when implementing the dwelling unit limitations
established by Proposition E enacted by Carlsbad voters on November 4, 1986.
1417. Second Accessory dwelling units intended to satisfy an inclusionary requirement shall
comply with the requirements of Chapter 21.85, including but not limited to the applicable rental rates
and income limit standards.
Section 21.10.080
21.10.080 Placement of buildings.
A. Placement of buildings on any lot shall conform to the following:
1. Interior Lots.
a. No building shall occupy any portion of a required yard;
b. Any building, any portion of which is used for human habitation, shall observe a distance
from any side lot line the equivalent of the required side yard and from the rear property line the
equivalent of twice the required side yard on such lot, except as otherwise permitted for accessory
dwelling units pursuant to Section 21.10.030;
c. The distance between buildings used for human habitation and between buildings used
for human habitation and accessory buildings shall be not less than ten feet;
d. All accessory structures shall comply with the following development standards:
i. The lot coverage shall include accessory structures in the lot coverage calculations for the
lot,
ii. The distance between buildings used for human habitation and accessory buildings shall
be not less than ten feet,
iii. When proposed on a lot adjoining native vegetation, accessory structures within a fire
suppression zone must be reviewed and approved by the fire department,
12
iv. Accessory buildings, by definition, do not share a common wall with the main dwelling
unit structure, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030,
v. Buildings shall not exceed one story,
vi. Building height shall not exceed fourteen feet if a minimum roof pitch of 3:12 is provided
or ten feet if less than a 3:12 roof pitch is provided;
e. Second Accessory dwelling units constructed above detached garages, located within a
lot’s buildable area, pursuant to Section 21.10.030(E)(4) are not subject to the one-story/fourteen-foot
height limitation imposed on accessory structures;
f. Habitable detached accessory structures shall comply with all requirements of the zone
applicable to placement of a dwelling unit on a lot including setbacks, except as otherwise permitted for
accessory dwelling units pursuant to Section 21.10.030;
g. Detached accessory structures which are not dwelling units and contain no habitable
space, including, but not limited to, garages, workshops, tool sheds, decks over thirty inches above grade
and freestanding patio covers shall comply with the following additional development standards when
located within a lot’s required setback areas:
i. The maximum allowable building area per structure shall not exceed a building coverage
of four hundred forty square feet,
ii. The following setbacks shall apply: a front yard setback of twenty feet, a rear yard setback
of five feet, a side yard setback of five feet, and an alley setback of five feet,
iii. The maximum plumbing drain size shall be one and one-half inches in diameter so as to
prohibit toilets, showers, bathtubs and other similar fixtures,
iv. The additional development standards listed above (subsections (A)(1)(g)(i) through (iii)
of this section) shall apply to the entire subject accessory structure, not just the portion encroaching into
a lot’s setback area; and
h. The provisions of this section are applicable notwithstanding the permit requirements
contained in Section 18.04.015.
2. Corner Lot and Reversed Corner Lots.
a. No building shall occupy any portion of a required yard;
b. The distance between buildings used for human habitation and between buildings used
for human habitation and accessory buildings shall be not less than ten feet;
13
c. Any building, any portion of which is used for human habitation shall observe a distance
from the rear property line to the equivalent of twice the required interior side yard on such lot, except
as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030;
d. All accessory structures shall comply with the following development standards:
i. The lot coverage shall include accessory structures in the lot coverage calculations for the
lot,
ii. The distance between buildings used for human habitation and accessory buildings shall
be not less than ten feet,
iii. When proposed on a lot adjoining native vegetation, accessory structures within a fire
suppression zone must be reviewed and approved by the fire department,
iv. Accessory buildings, by definition, do not share a common wall with the main dwelling
unit structure, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030,
v. Buildings shall not exceed one story,
vi. Building height shall not exceed fourteen feet if a minimum roof pitch of 3:12 is provided
or ten feet if less than a 3:12 roof pitch is provided;
e. Second Accessory dwelling units constructed above detached garages, located within a
lot’s buildable area, pursuant to Section 21.10.030(E)(4) are not subject to the one-story/fourteen-foot
height limitation imposed on accessory structures;
f. Habitable detached accessory structures shall comply with all requirements of the zone
applicable to placement of a dwelling unit on a lot including setbacks, except as otherwise permitted for
accessory dwelling units pursuant to Section 21.10.030;
g. Detached accessory structures which are not dwelling units and contain no habitable
space, including, but not limited to, garages, workshops, tool sheds, decks over thirty inches above grade
and freestanding patio covers shall comply with the following additional development standards when
located within a lot’s required setback areas:
i. The maximum allowable building area per structure shall not exceed a building coverage
of four hundred forty square feet,
ii. The following setbacks shall apply: a front yard setback of twenty feet, a rear yard setback
of five feet, a side yard setback of five feet, and an alley setback of five feet,
iii. The maximum plumbing drain size shall be one and one-half inches in diameter so as to
prohibit toilets, showers, bathtubs and other similar fixtures,
14
iv. The additional development standards listed above (subsections (A)(2)(g)(i) through (iii)
of this section) shall apply to the entire subject accessory structure, not just the portion encroaching into
a lot’s setback area; and
h. The provisions of this section are applicable notwithstanding the permit requirements
contained in Section 18.04.015.
AMENDMENTS TO CHAPTER 21.12
R-2 TWO-FAMILY RESIDENTIAL ZONE
Section 21.12.060
21.12.060 Placement of buildings.
A. Placement of buildings on any lot shall conform to the following:
1. Interior Lots.
a. No building shall occupy any portion of a required yard;
b. Any building, any portion of which is used for human habitation, shall observe a distance
from any side lot line the equivalent of the required side yard on such lot and from the rear property line
the equivalent of twice the required side yard on the same lot, except as otherwise permitted for
accessory dwelling units pursuant to Section 21.10.030;
c. The distance between buildings used for human habitation and between buildings used
for human habitation and accessory buildings shall be not less than ten feet;
d. All accessory structures shall comply with the following development standards:
i. The lot coverage shall include accessory structures in the lot coverage calculations for the
lot,
ii. The distance between buildings used for human habitation and accessory buildings shall
be not less than ten feet,
iii. When proposed on a lot adjoining native vegetation, accessory structures within a fire
suppression zone must be reviewed and approved by the fire department,
15
iv. Accessory buildings, by definition, do not share a common wall with the main dwelling
unit structure, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030,
v. Buildings shall not exceed one story,
vi. Building height shall not exceed fourteen feet if a minimum roof pitch of 3:12 is provided
or ten feet if less than a 3:12 roof pitch is provided;
e. Second Accessory dwelling units constructed above detached garages, located within a
lot’s buildable area, pursuant to Section 21.10.030(E)(4) are not subject to the one-story/fourteen-foot
height limitation imposed on accessory structures;
f. Habitable detached accessory structures shall comply with all requirements of the zone
applicable to placement of a dwelling unit on a lot including setbacks, except as otherwise permitted for
accessory dwelling units pursuant to Section 21.10.030;
g. Detached accessory structures which are not dwelling units and contain no habitable
space, including, but not limited to, garages, workshops, tool sheds, decks over thirty inches above grade
and freestanding patio covers shall comply with the following additional development standards when
located within a lot’s required setback areas:
i. The maximum allowable building area per structure shall not exceed a building coverage
of four hundred forty square feet,
ii. The following setbacks shall apply: a front yard setback of twenty feet, a rear yard setback
of five feet, a side yard setback of five feet, and an alley setback of five feet,
iii. The maximum plumbing drain size shall be one and one-half inches in diameter so as to
prohibit toilets, showers, bathtubs and other similar fixtures; and
iv. The additional development standards listed above (subsections (A)(1)(g)(i) through (iii)
of this section) shall apply to the entire subject accessory structure, not just the portion encroaching into
a lot’s setback area; and
h. The provisions of this section are applicable notwithstanding the permit requirements
contained in Section 18.04.015.
2. Corner Lots and Reversed Corner Lots.
a. No building shall occupy any portion of a required yard;
b. The distance between buildings used for human habitation and between buildings used
for human habitation and accessory buildings shall be not less than ten feet;
16
c. Any building, any portion of which is used for human habitation shall observe a distance
from the rear property line the equivalent of twice the required interior side yard on such lot, except as
otherwise permitted for accessory dwelling units pursuant to Section 21.10.030;
d. All accessory structures shall comply with the following development standards:
i. The lot coverage shall include accessory structures in the lot coverage calculations for the
lot,
ii. The distance between buildings used for human habitation and accessory buildings shall
be not less than ten feet,
iii. When proposed on a lot adjoining native vegetation, accessory structures within a fire
suppression zone must be reviewed and approved by the fire department,
iv. Accessory buildings, by definition, do not share a common wall with the main dwelling
unit structure, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030,
v. Buildings shall not exceed one story,
vi. Building height shall not exceed fourteen feet if a minimum roof pitch of 3:12 is provided
or ten feet if less than a 3:12 roof pitch is provided;
e. Second Accessory dwelling units constructed above detached garages, located within a
lot’s buildable area, pursuant to Section 21.10.030(E)(4) are not subject to the one-story/fourteen-foot
height limitation imposed on accessory structures;
f. Habitable detached accessory structures shall comply with all requirements of the zone
applicable to placement of a dwelling unit on a lot including setbacks, except as otherwise permitted for
accessory dwelling units pursuant to Section 21.10.030;
g. Detached accessory structures, which are not dwelling units and contain no habitable
space, including, but not limited to, garages, workshops, tool sheds, decks over thirty inches above grade
and freestanding patio covers shall comply with the following additional development standards when
located within a lot’s required setback areas:
i. The maximum allowable building area per structure shall not exceed a building coverage
of four hundred forty square feet,
ii. The following setbacks shall apply: a front yard setback of twenty feet, a rear yard setback
of five feet, a side yard setback of five feet, and an alley setback of five feet,
iii. The maximum plumbing drain size shall be one and one-half inches in diameter so as to
prohibit toilets, showers, bathtubs and other similar fixtures, and
17
iv. The additional development standards listed above (subsections (A)(2)(g)(i) through (iii)
of this section) shall apply to the entire subject accessory structure, not just the portion encroaching into
a lot’s setback area; and
h. The provisions of this section are applicable notwithstanding the permit requirements
contained in Section 18.04.015.
AMENDMENTS TO CHAPTER 21.16
R-3 MULTIPLE-FAMILY RESIDENTIAL ZONE
Section 21.16.060
21.16.060 Placement of buildings.
A. Placement of buildings on any lot shall conform to the following:
1. Interior Lots.
a. No building shall occupy any portion of a required yard;
b. Any building, any portion of which is used for human habitation shall observe a distance
from any side lot line the equivalent of the required side yard on such lot and from the rear property line
the equivalent of twice the required side yard on such lot, except as otherwise permitted for accessory
dwelling units pursuant to Section 21.10.030;
c. The distance between buildings used for human habitation and between buildings used
for human habitation and accessory buildings shall be not less than ten feet;
d. All accessory structures shall comply with the following development standards:
i. The lot coverage shall include accessory structures in the lot coverage calculations for the
lot,
ii. The distance between buildings used for human habitation and accessory buildings shall
be not less than ten feet,
iii. When proposed on a lot adjoining native vegetation, accessory structures within a fire
suppression zone must be reviewed and approved by the fire department,
iv. Accessory buildings, by definition, do not share a common wall with the main dwelling
unit structure, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030,
18
v. Buildings shall not exceed one story,
vi. Building height shall not exceed fourteen feet if a minimum roof pitch of 3:12 is provided
or ten feet if less than a 3:12 roof pitch is provided;
e. Second Accessory dwelling units constructed above detached garages, located within a
lot’s buildable area, pursuant to Section 21.10.030(E)(4) are not subject to the one-story/fourteen-foot
height limitation imposed on accessory structures;
f. Habitable detached accessory structures shall comply with all requirements of the zone
applicable to placement of a dwelling unit on a lot including setbacks, except as otherwise permitted for
accessory dwelling units pursuant to Section 21.10.030;
g. Detached accessory structures which are not dwelling units and contain no habitable
space, including, but not limited to, garages, workshops, tool sheds, decks over thirty inches above grade
and freestanding patio covers shall comply with the following additional development standards when
located within a lot’s required setback areas:
i. The maximum allowable building area per structure shall not exceed a building coverage
of four hundred forty square feet,
ii. The following setbacks shall apply: A front yard setback of twenty feet, a rear yard setback
of five feet, a side yard setback of five feet, and an alley setback of five feet,
iii. The maximum plumbing drain size shall be one and one-half inches in diameter so as to
prohibit toilets, showers, bathtubs and other similar fixtures;
iv. The additional development standards listed above (subsections (A)(1)(g)(i) through (iii)
of this section) shall apply to the entire subject accessory structure, not just the portion encroaching into
a lot’s setback area; and
h. The provisions of this section are applicable notwithstanding the permit requirements
contained in Section 18.04.015.
2. Corner Lots and Reversed Corner Lots.
a. No building shall occupy any portion of a required yard;
b. The distance between buildings used for human habitation and between buildings used
for human habitation and accessory buildings shall be not less than ten feet;
c. Any building, any portion of which is used for human habitation shall observe a distance
from the rear property line the equivalent of twice the required interior side yard on such lot, except as
otherwise permitted for accessory dwelling units pursuant to Section 21.10.030;
d. All accessory structures shall comply with the following development standards:
19
i. The lot coverage shall include accessory structures in the lot coverage calculations for the
lot,
ii. The distance between buildings used for human habitation and accessory buildings shall
be not less than ten feet,
iii. When proposed on a lot adjoining native vegetation, accessory structures within a fire
suppression zone must be reviewed and approved by the fire department,
iv. Accessory buildings, by definition, do not share a common wall with the main dwelling
unit structure, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030,
v. Buildings shall not exceed one story,
vi. Building height shall not exceed fourteen feet if a minimum roof pitch of 3:12 is provided
or ten feet if less than a 3:12 roof pitch is provided;
e. Second Accessory dwelling units constructed above detached garages, located within a
lot’s buildable area, pursuant to Section 21.10.030(E)(4) are not subject to the one-story/fourteen-foot
height limitation imposed on accessory structures;
f. Habitable detached accessory structures shall comply with all requirements of the zone
applicable to placement of a dwelling unit on a lot including setbacks, except as otherwise permitted for
accessory dwelling units pursuant to Section 21.10.030;
g. Detached accessory structures which are not dwelling units and contain no habitable
space, including, but not limited to, garages, workshops, tool sheds, decks over thirty inches above grade
and freestanding patio covers shall comply with the following additional development standards when
located within a lot’s required setback areas:
i. The maximum allowable building area per structure shall not exceed a building coverage
of four hundred forty square feet,
ii. The following setbacks shall apply: A front yard setback of twenty feet, a rear yard setback
of five feet, a side yard setback of five feet, and an alley setback of five feet,
iii. The maximum plumbing drain size shall be one and one-half inches in diameter so as to
prohibit toilets, showers, bathtubs and other similar fixtures,
iv. The additional development standards listed above (subsections (A)(2)(g)(i) through (iii)
of this section) shall apply to the entire subject accessory structure, not just the portion encroaching into
a lot’s setback area; and
h. The provisions of this section are applicable notwithstanding the permit requirements
contained in Section 18.04.015.
20
AMENDMENTS TO CHAPTER 21.18
R-P RESIDENTIAL PROFESSIONAL ZONE
Section 21.18.030
A.7 through A.12
7. 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;
b. The distance between buildings used for human habitation and accessory buildings shall
be not less than ten feet;
c. When proposed on a lot adjoining native vegetation, accessory structures within a fire
suppression zone must be reviewed and approved by the fire department;
d. Accessory buildings, by definition, do not share a common wall with the main dwelling
unit structure, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030;
e. Buildings shall not exceed one story; and
f. Building height shall not exceed fourteen feet if a minimum roof pitch of 3:12 is provided
or ten feet if less than a 3:12 roof pitch is provided.
8. Second Accessory dwelling units constructed above detached garages, located within a
lot’s buildable area, pursuant to Section 21.10.030(E)(4) are not subject to the one-story/fourteen-foot
height limitation imposed on accessory structures.
9. Habitable detached accessory structures shall comply with all requirements of the zone
applicable to placement of a dwelling unit of a lot including setbacks, except as otherwise permitted for
accessory dwelling units pursuant to Section 21.10.030.
10. Detached accessory structures, which are not dwelling units and contain no habitable
space, including, but not limited to, garages, workshops, tool sheds, decks over thirty inches above grade
and freestanding patio covers shall comply with the following additional development standards when
located within a lot’s required setback areas:
a. The maximum allowable building area per structure shall not exceed a building coverage
of four hundred forty square feet;
21
b. The following setbacks shall apply: A front yard setback of twenty feet, a rear yard setback
of five feet, a side yard setback of five feet, and an alley setback of five feet;
c. The maximum plumbing drain size shall be one and one-half inches in diameter so as to
prohibit toilets, showers, bathtubs and other similar fixtures; and
d. The additional development standards listed above (subsections A.10.a. through c. of this
section) shall apply to the entire subject accessory structure, not just the portion encroaching into a lot’s
setback area.
11. The provisions of this section are applicable notwithstanding the permit requirements
contained in Section 18.04.015.
12. Except for an accessory structure which is not a dwelling unit and contains no habitable
space and complies with the development standards specified in this chapter, no building shall be located
in any of the required yards, except as otherwise permitted for accessory dwelling units pursuant to
Section 21.10.030.
AMENDMENTS TO CHAPTER 21.20
R-T RESIDENTIAL TOURIST ZONE
Section 21.20.010
Table A
Use P CUP Acc
Second Accessory dwelling units are permitted according to the provisions of
Section 21.10.030 of this title on lots, which are developed with a detached
single-family residences. The development standards of this zone shall apply.
X
22
Section 21.20.080
(1) and (2)
(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.
(B) The distance between buildings used for human habitation and accessory buildings shall
be not less than ten feet.
(C) When proposed on a lot adjoining native vegetation, accessory structures within a fire
suppression zone must be reviewed and approved by the fire department.
(D) Accessory buildings, by definition, do not share a common wall with the main dwelling
unit structure, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030.
(E) Buildings shall not exceed one story.
(F) 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.
(G) Second Accessory dwelling units constructed above detached garages, located within a
lot’s buildable area, pursuant to Section 21.10.030(E)(4) are not subject to the one-story/fourteen-foot
height limitation imposed on accessory structures.
(2) Habitable detached accessory structures shall comply with all requirements of the zone
applicable to placement of a dwelling unit on a lot including setbacks, except as otherwise permitted for
accessory dwelling units pursuant to Section 21.10.030.
AMENDMENTS TO CHAPTER 21.22
R-W RESIDENTIAL WATERWAY ZONE
Section 21.22.070
A and B
A. All accessory structures shall comply with the following development standards:
1. The lot coverage shall include accessory structures in the lot coverage calculations for the
lot;
23
2. The distance between buildings used for human habitation and accessory buildings shall
be not less than ten feet;
3. When proposed on a lot adjoining native vegetation, accessory structures within a fire
suppression zone must be reviewed and approved by the fire department;
4. Accessory buildings, by definition, do not share a common wall with the main dwelling
unit structure, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030;
5. Buildings shall not exceed one story;
6. Building height shall not exceed fourteen feet if a minimum roof pitch of 3:12 is provided
or ten feet if less than a 3:12 roof pitch is provided; and
7. Second Accessory dwelling units constructed above detached garages, located within a
lot’s buildable area, pursuant to Section 21.10.030(E)(4) are not subject to the one-story/fourteen-foot
height limitation imposed on accessory structures.
B. Habitable detached accessory structures shall comply with all requirements of the zone
applicable to placement of a dwelling unit on a lot including setbacks, except as otherwise permitted for
accessory dwelling units pursuant to Section 21.10.030.
AMENDMENTS TO CHAPTER 21.24
RD-M RESIDENTIAL DENSITY-MULTIPLE ZONE
Section 21.24.090
A through C
A. All accessory structures shall comply with the following development standards:
1. The lot coverage shall include accessory structures in the lot coverage calculations for the
lot;
2. The distance between buildings used for human habitation and accessory buildings shall
be not less than ten feet;
3. When proposed on a lot adjoining native vegetation, accessory structures within a fire
suppression zone must be reviewed and approved by the fire department;
24
4. Accessory buildings, by definition, do not share a common wall with the main dwelling
unit structure, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030;
5. Buildings shall not exceed one story; and
6. Building height shall not exceed fourteen feet if a minimum roof pitch of 3:12 is provided
or ten feet if less than a 3:12 roof pitch is provided.
B. Second Accessory dwelling units constructed above detached garages, located within a
lot’s buildable area, pursuant to Section 21.10.030(E)(4) are not subject to the one-story/fourteen-foot
height limitation imposed on accessory structures.
C. Habitable detached accessory structures shall comply with all requirements of the zone
applicable to placement of a dwelling unit on a lot including setbacks, except as otherwise permitted for
accessory dwelling units pursuant to Section 21.10.030.
AMENDMENTS TO CHAPTER 21.44
PARKING
Section 21.44.020
Table A
The number of off-street parking spaces required for one-family dwellings and second dwelling units are
proposed to be amended as follows:
Use Number of Off-Street Parking Spaces
Residential Uses
One-family
dwellings
Two spaces per unit, provided as either:
a A two-car garage (minimum interior 20 feet × 20
feet); or
two Two separate one-car garages (minimum interior
12 feet × 20 feet each); or
As otherwise permitted, pursuant to Section 21.10.030
of this title, when a garage is converted to an accessory
dwelling unit.
Second Accessory
dwelling units
1 space (covered or uncovered), in addition to the parking
required for the primary use (single, one-family dwelling);
unless otherwise specified in Section 21.10.030 of this code.
The additional parking space may be provided through
tandem parking on a driveway (provided that the one-family
dwelling garage is accessed by a driveway with a minimum
depth of 20 feet), or and may be within the front or side
yard setback
25
Section 21.44.060
Table C
The location standards for required parking spaces for second dwelling units are proposed to be
amended as follows:
Parking Required For: Location Standards For Required Parking Spaces
One-family, two-
family, and multiple-
family dwellings
Second Accessory
dwelling units
Same as parking required for primary residential use,
with the following exceptions:
May be located in the front or side yard setback;
and
May be located as a tandem space on a driveway
in front of the primary residence’s garage
(provided the garage is set back a minimum of 20
feet from the property line).
Section 21.44.060
Table D
Table D – Residential Garage Standards
Residential Use Type Garage Standard
Garages for one-
family and two-
family dwellings
The two required parking spaces per unit shall be provided within either:
A two-car garage with a minimum interior dimension of 20 feet by 20 feet;
or
Two one-car garages with interior dimensions of 12 feet by 20 feet each.
Garages for multiple-
family dwellings (if
provided for required
parking)
One-car garage Minimum interior dimensions of 12 feet by 20
feet.
Two-car garage (both spaces
for same unit)
Minimum interior dimensions of 20 feet by 20
feet.
Multiple one-car garages in
one structure
Each separate, one-car garage shall have
interior dimensions of 12 feet by 20 feet,
exclusive of supporting columns.
As a minimum, each space shall be separated
from the adjacent garage, floor to ceiling, by a
permanent stud partition with ½-inch gypsum
board on one side, where no additional fire
protection is required.
Enclosed parking garage with
multiple, open parking spaces
Each parking space shall maintain a standard
stall size of 8.5 feet by 20 feet, exclusive of
supporting columns or posts.
A backup distance of 24 feet shall be
maintained in addition to a minimum 5 feet
turning bump-out located at the end of any stall
series.
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Section 21.44.060
Table E
For one-family dwellings on individual lots, the standard for where vehicles can be parked is proposed to
be amended as follows:
Type of Vehicle Where Vehicles Can Be Parked
Passenger vehicles,
and light-duty
commercial vehicles
used as a principal
means of
transportation by an
occupant of the
dwelling
One-family, two-
family, and multiple-
family dwellings
Garage
Covered or uncovered parking spaces provided as required
for the dwelling unit
One-family dwellings
on individual lots (in
addition to parking
spaces provided as
required for the
dwelling pursuant to
Table A of this
chapter or as
otherwise permitted
pursuant to Section
21.10.030 of this
code)
In the required front yard on a paved driveway or parking
area that:
1. Does not exceed 30% of the required front yard area;
or
2. Is comprised of 24 feet of width extended from the
property line to the rear of the required front yard,
whichever is greater.
A paved area between the required front yard and the
actual front of the building, as long as it is an extension
and does not exceed the width of the area described
above.
Any other area of the lot provided that they are screened
from view from the public right-of-way.
For corner lots, the provisions of this subsection shall apply
to the required street side yard; however, in no case, shall
the provisions of this section allow parking in both the
required front yard and the required street side yard.
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AMENDMENTS TO CHAPTER 21.45
PLANNED DEVELOPMENTS
Section 21.45.090
Table F
Table F – Residential Additions and Accessory Uses to One-Family Dwellings and Twin-Homes on Small
Lots
Addition/Accessory Use
Minimum Front Yard
Setback
Minimum Side and Rear
Yard Setbacks
Attached/detached patio covers(2)
10 feet to posts
(2-foot overhang
permitted)
5 feet to posts
(2-foot overhang
permitted)
Pool, spa 20 feet 5 feet - pool
2 feet - spa
Non-habitable detached accessory
buildings/structures
(e.g., garages, workshops, decks over 30 inches in
height)(1),(2),(3)
20 feet 5 feet
Habitable detached accessory buildings
(i.e. guest houses and second dwelling units)(2), (3), (4)
Same setbacks as required for the primary
dwelling
Additions to dwelling (attached) Same setbacks as required for the dwelling
Notes:
(1) Maximum building height is 1 story and 14 feet with a 3:12 roof pitch or 10 feet with less than a 3:12
roof pitch.
(2) Minimum 10-foot separation required between a habitable building and any other detached accessory
building/structure.
(3) Must be architecturally compatible with the existing structure.
(4) Except as otherwise permitted for accessory dwelling units pursuant to Second dwelling units are
subject to Section 21.10.030.
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AMENDMENTS TO CHAPTER 21.201
COASTAL DEVELOPMENT PERMIT PROCEDURES
Section 21.201.060
A and B.1
A. For the purposes of subsection B.1 of this section, an existing single-family residential
building shall include:
1. All all appurtenances and other accessory structures, including decks, directly attached to
the residence;
2. Aaccessory structures or improvements on the property normally associated with
residences, such as garages, swimming pools, fences and storage sheds, but not including guest houses or
self-contained residential units that are detached from an existing single-family residential building;
3. Llandscaping on the lot.
B. Exemptions. The following projects are exempt from the requirements of a minor coastal
development permit and coastal development permit:
1. Improvements to an existing single-family residential building, including an accessory
dwelling unit that is attached to the primary residence, or converted from the existing space of a primary
residence or accessory structure, except:
a. On a beach, wetland or seaward of the mean high tide line;
b. Where the residence or proposed improvement would encroach within fifty feet of the
edge of a coastal bluff;
c. Improvements that would result in an increase of ten percent or more of internal floor
area of an existing structure or an additional improvement of ten percent or less where an improvement
to the structure had previously been undertaken pursuant to Public Resources Code Section 30610(a), or
an increase in height by more than ten percent of an existing structure and/or any significant nonattached
structure such as garages, fences, shoreline protective works or docks, and such improvements are to On
property located:
i. between the sea and the first public road paralleling the sea;
ii. or wi thin three hundred feet of the inland extent of any beach or of the mean high tide
of the sea where there is no beach, whichever is the greater distance; or
iii. in significant scenic resources areas as designated by the commission.;
d. On property located in significant scenic resources areas as designated by the
commission;
e. Improvement that would result in an increase of ten percent or more of internal floor
area of an existing structure or an additional improvement of ten percent or less where an improvement
to the structure had previously been undertaken pursuant to Public Resources Code Section 30610(a);
29
f. An increase in height by more than ten percent of an existing structure and/or any
significant nonattached structure such as garages, fences, shoreline protective works or docks;
g.d. Any significant alteration of land forms including removal or placement of vegetation on
a beach, wetland, or sand dune, or within fifty feet of the edge of a coastal bluff except as provided in
subsections B.8, B.9, B.10 and B.11 of this section;
h.e. Expansion or construction of water wells or septic systems.