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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). 1 ZCA 2016-0001/LCPA 2016-0001 (PUB16Y-0002) SECOND DWELLING UNIT CODE AMENDMENT July 19, 2017 Page 2 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. ZCA 2016-0001/LCPA 2016-0001 (PUB16Y-0002) SECOND DWELLING UNIT CODE AMENDMENT July 19, 2017 Page 3 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. ZCA 2016-0001/LCPA 2016-0001 (PUB16Y-0002) SECOND DWELLING UNIT CODE AMENDMENT July 19, 2017 Page 4 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 ZCA 2016-0001/LCPA 2016-0001 (PUB16Y-0002) SECOND DWELLING UNIT CODE AMENDMENT July 19, 2017 Page 5 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. ZCA 2016-0001/LCPA 2016-0001 (PUB16Y-0002) SECOND DWELLING UNIT CODE AMENDMENT July 19, 2017 Page 6 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. ZCA 2016-0001/LCPA 2016-0001 (PUB16Y-0002) SECOND DWELLING UNIT CODE AMENDMENT July 19, 2017 Page 7 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 1 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. 2 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, 3 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; 4 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, 5 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. 6 (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 7 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 8 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. 26 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. 27 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. 28 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.