Carlsbad ADU / Granny Flat Ordinance

http://caladu.org/ordinance/carlsbad-10-28-17.pdf

EXHIBIT 1

ORDINANCE NO. CS-324

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,

CALIFORNIA, AMENDING THE CITY’SREGULATION OF SECOND DWELLING

UNITS (NOW KNOWN AS ACCESSORY DWELLING UNITS) CONSISTENT WITH

CHANGES TO GOVERNMENT CODE SECTION 65852.2 MADE BY ASSEMBLY

BILL 2299 (BLOOM) AND SENATE BILL 1069 {WIECKOWSKI).

CASE NAME: SECOND DWELLING UNIT CODE AMENDMENT

CASE NO.: MCA 17-0003/ZCA 2016-0001/LCPA 2016-0001 (PUB16Y-0002)

WHEREAS, the Carlsbad Zoning Ordinance is the implementing ordinance of the Carlsbad Local

Coastal Program, and therefore, an amendment to the Zoning Ordinance also constitutes an

amendment to the Local Coastal Program; and

WHEREAS, the City Planner has prepared a Zoning Code Amendment ZCA 2016-0001 and Local

Coastal Program Amendment LCPA 2016-0001 pursuant to Section 21.52.020 ofthe Carlsbad Municipal

Code, Section 30514 of the Public Resources Code, and Section 13551 of California Code of Regulations

Title 14, Division 5, and a Municipal Code Amendment MCA 17-0003, to amend Section 21.10.030 of

the Carlsbad Municipal Code as necessary to comply with the mandatory provisions of Assembly Bill

2299 (Bloom) and Senate Bill 1069 (Wieckowski); and

WHEREAS, pursuant to California Coastal Commission Regulations, a six-week public review

period for the Local Coastal Program Amendment began on June 2, 2017 and ended on July 21, 2017;

and

WHEREAS, on July 19, 2017, the Planning Commission held a duly noticed public hearing as

prescribed by law to consider ZCA 2016-0001/LCPA 2016-0001; and

WHEREAS, the Planning Commission adopted Planning Commission Resolution No. 7254

recommending to the City Council that ZCA 2016-0001/LCPA 2016-0001 be approved; and

WHEREAS, the City Council of the City of Carlsbad held a duly noticed public hearing as

prescribed by law to consider the MCA 17-0003/ZCA 2016-0001/LCPA 2016-0001; and

WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if

any, of all persons desiring to be heard, the City Council considered all factors, including written public

comments, if any, related to MCA 17-0003/ZCA 2016-0001/LCPA 2016-0001; and

WHEREAS, the findings of the Planning Commission in Resolution No. 7254 constitute the

findings of the City Council in this matter.

September 26, 2017 Item #11 Page 3 of 32

NOW, THEREFORE, the City Council of the City of Carlsbad, California, ordains as follows that:

  1. That the above recitations are true and correct.
  1. That throughout Title 20 and Title 21 of the Carlsbad Municipal Code, the term second dwelling unit is replaced with the term accessory dwelling unit, and the term second dwelling units is replaced with the term accessory dwelling units.

  1. That section 21.04.121 is added to the Carlsbad Municipal Code as follows:

21.04.121 Dwelling unit, accessory

  1. 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
  1. 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
  1. 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.
  1. A manufactured home, as defined in Section 18007 of California Health and Safety Code.
  1. That section 21.04.303 of the Carlsbad Municipal Code is deleted, and throughout Title 21 of the Carlsbad Municipal Code, section references to 21.04.303 are replaced by section references to 21.04.121.

  1. That section 21.08.060 of the Carlsbad Municipal Code is amended as follows:

21.08.060 Placement of buildings.

  1. Placement of buildings on any lot shall conform to the following:
    1. Interior Lots.
  1. No building shall occupy any portion of a required yard;
  1. 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

September 26, 2017 Item #11 Page 4 of 32

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;

      1. 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;
      1. 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,

      1. The distance between buildings used for human habitation and accessory buildings shall be not less than ten feet,
      1. When proposed on a lot adjoining native vegetation, accessory structures within a fire suppression zone must be reviewed and approved by the fire department,
        1. 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,

      1. Buildings shall not exceed one story,
    1. 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;
      1. Accessory dwelling units constructed above detached garages, pursuant to Section 21.10.030 are not subject to the one-story/fourteen-foot height limitation imposed on accessory structures;

  1. 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;

  1. 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’srequired setback areas:

  1. The maximum allowable building area per structure shall not exceed a building coverage of four hundred forty square feet,

September 26, 2017 Item #11 Page 5 of 32

  1. 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,
  1. 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,
  1. The additional development standards listed above (subsections (A)(l)(g)(i) through (iii) of this section) shall apply to the entire subject accessory structure, not just the portion encroaching

into a lot’ssetback area; and

  1. The provisions of this section are applicable notwithstanding the permit requirements contained in Section 18.04.015.
        1. Corner Lots and Reversed Corner Lots.
      1. No building shall occupy any portion of a required yard;
      1. 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;
      1. 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;

      1. 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,

      1. The distance between buildings used for human habitation and accessory buildings shall be not less than ten feet,
      1. When proposed on a lot adjoining native vegetation, accessory structures within a fire suppression zone must be reviewed and approved by the fire department,
    1. 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,

    1. Buildings shall not exceed one story,
  1. 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;

September 26, 2017 Item #11 Page 6 of 32

      1. Accessory dwelling units constructed above detached garages, pursuant to Section 21.10.030 are not subject to the one-story/fourteen-foot height limitation imposed on accessory structures;

      1. 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;

      2. 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’srequired setback areas:

      1. The maximum allowable building area per structure shall not exceed a building coverage of four hundred forty square feet,
      1. 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,
      1. 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,
    1. 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’ssetback area; and

      1. The provisions of this section are applicable notwithstanding the permit requirements contained in Section 18.04.015.
  1. That the second dwelling units use listed within Table A of section 21.09.020 of the Carlsbad Municipal Code is amended as follows:
Use p CUP

Ace

Accessory dwelling units (subject to Section 21.10.030)

X

  1. That section 21.09.100 of the Carlsbad Municipal Code is amended as follows: 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.

September 26, 2017 Item #11 Page 7 of 32

    1. 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.

    2. The distance between buildings used for human habitation and detached accessory buildings shall not be less than ten feet.
    1. 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.

    2. 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.

  1. That the list of sections for chapter 21.10 of the Carlsbad Municipal Code is amended as

follows:

Sections:

21.10.010 Intent and purpose

21.10.020 Permitted uses

21.10.030 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

September 26, 2017 Item #11 Page 8 of 32

  1. That section 21.10.030 of the Carlsbad Municipal Code is amended as follows:

21.10.030 Accessory dwelling units.

  1. 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 accessory dwelling units.
  1. The provisions of this section shall apply only to lots that:
    1. Are zoned for residential use (where residential use is the primary intended use of the

zone); and

    1. 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 dwelling units developed within the coastal zone are subject to the permit requirements of Chapter 21.201 and require a building permit.
    1. Accessory dwelling units outside of the coastal zone require a building permit.
  1. The completed application for an accessory dwelling unit shall include the following

information:

    1. The name(s) of the owner(s);
    1. The address of the dwelling units;

c.The assessor’sparcel number;

    1. Building elevations and a general floor plan of the accessory dwelling unit;
    1. A scaled drawing showing the lot dimensions, the location of the primary and accessory dwelling unit, location of all vehicular parking and the total square footage of both units;

f.Description and location of water and sanitary (sewer) services; and

September 26, 2017 Item #11 Page 9 of 32

  1. An owner signed and notarized a notice of restriction, to be recorded against the property, declaring that:
    1. The property owner(s) shall reside in either the primary dwelling unit or the accessory dwelling unit, unless a lessee leases both the primary dwelling and the accessory dwelling unit; and
    2. The obligations and restrictions imposed on the accessory dwelling unit per this chapter are binding on all present and future property owners.
  1. 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.

  1. 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:

    1. 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

    2. The accessory dwelling unit has independent exterior access from the primary dwelling;

and

    1. Side and rear setbacks are sufficient for fire safety.
  1. 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.

  1. Requirements for accessory dwelling units.
  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

September 26, 2017 Item #11 Page 10 of 32

exists, a primary one-family dwelling shall be constructed prior to or concurrent with the accessory dwelling unit}.

    1. The accessory dwelling unit shall be located on the same lot as the primary dwelling unit and may be detached, attached or converted from the existing space of the primary dwelling unit or an accessory structure.

    1. 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 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.

    1. The accessory dwelling unit must meet the setback, lot coverage and other development standards applicable to the zone which are not addressed within this section. In the coastal zone, accessory dwelling units shall be consistent with all certified local coastal program provisions, with the exception of density, or as otherwise specified within this section.

    1. Attached accessory dwelling units shall conform to the height limits applicable to the zone and detached accessory dwelling units shall be limited to one story, except that accessory dwelling units constructed above detached garages shall be permitted and shall conform to the height limits applicable to the zone. Roof decks shall not be permitted on detached accessory dwelling units.

    1. 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.

  1. The accessory dwelling unit shall have an exterior access that is independent from the exterior access to the primary dwelling.
  1. A pathway from the street to the entrance of an accessory dwelling unit shall not be

required.

September 26, 2017 Item #11 Page 11 of 32

    1. The accessory dwelling unit shall be architecturally compatible with the main dwelling unit, in terms of appearance, materials and finished quality.
    1. 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:
      1. 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.

      1. Parking for an accessory dwelling unit shall not be required in the following instances:
      1. The accessory dwelling unit is proposed to be converted from the existing space of the primary dwelling unit or an accessory structure.
      1. 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).
      1. The location of the proposed accessory dwelling unit is within one block of a designated car share pick up and drop off location.
  1. The location of the proposed accessory dwelling unit is within an architecturally and historically significant historic district.
  1. When on-street parking permits are required but not offered to the occupant of the proposed accessory dwelling.
    1. Adequate water and sewer capacity and facilities for the 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

September 26, 2017 Item #11 Page 12 of 32

water or sewer system; and the fee or charge shall not exceed the reasonable cost of providing the service.

  1. All necessary public facilities and services must be available or made available.
  1. Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary dwelling unit.
  1. Carlsbad building code requirements that apply to detached one-family dwellings shall apply to accessory dwelling units as appropriate.
  1. The 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 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.

  1. An accessory dwelling unit:
    1. Shall be considered a residential accessory use or accessory structure that is consistent with the general plan or zoning designations for the lot;
    1. Shall not be considered a dwelling unit when implementing general plan residential density policies; and
    1. 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.
      1. 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.

      1. That section 21.10.080 of the Carlsbad Municipal Code is amended as follows:

21.10.080 Placement of buildings.

A. Placement of buildings on any lot shall conform to the following:

September 26, 2017 Item #11 Page 13 of 32

        1. Interior Lots.
      1. No building shall occupy any portion of a required yard;
      1. 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;

      1. 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;
      1. 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,

      1. The distance between buildings used for human habitation and accessory buildings shall be not less than ten feet,
      1. When proposed on a lot adjoining native vegetation, accessory structures within a fire suppression zone must be reviewed and approved by the fire department,
    1. 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,

  1. Buildings shall not exceed one story,
  1. 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;
      1. Accessory dwelling units constructed above detached garages, pursuant to Section 21.10.030 are not subject to the one-story/fourteen-foot height limitation imposed on accessory structures;

September 26, 2017 Item #11 Page 14 of 32

  1. 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;

  1. 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’srequired setback areas:

  1. The maximum allowable building area per structure shall not exceed a building coverage of four hundred forty square feet,
  1. 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,
  1. 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,
        1. The additional development standards listed above (subsections (A)(l)(g)(i) through (iii) of this section) shall apply to the entire subject accessory structure, not just the portion encroachillg into a lot’ssetback area; and

    1. The provisions of this section are applicable notwithstanding the permit requirements contained in Section 18.04.015.
      1. Corner Lot and Reversed Corner Lots.
    1. No building shall occupy any portion of a required yard;
    1. 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;
    1. 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;

    2. All accessory structures shall comply with the following development standards:

September 26, 2017 Item #11 Page 15 of 32

i. The lot coverage shall include accessory structures in the lot coverage calculations for

the lot,

    1. The distance between buildings used for human habitation and accessory buildings shall be not less than ten feet,
    1. When proposed on a lot adjoining native vegetation, accessory structures within a fire suppression zone must be reviewed and approved by the fire department,
    1. 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,

    1. Buildings shall not exceed one story,
    1. 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. Accessory dwelling units constructed above detached garages, pursuant to Section 21.10.030 are not subject to the one-story/fourteen-foot height limitation imposed on accessory structures;

  1. 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;

  1. 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’srequired setback areas:

    1. The maximum allowable building area per structure shall not exceed a building coverage of four hundred forty square feet,
    1. 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,

September 26, 2017 Item #11 Page 16 of 32

  1. 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,
  1. 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’ssetback area; and

  1. The provisions of this section are applicable notwithstanding the permit requirements contained in Section 18.04.015.
    1. That section 21.12.060 of the Carlsbad Municipal Code is amended as follows:

21.12.060 Placement of buildings.

  1. Placement of buildings on any lot shall conform to the following:
      1. Interior Lots.
    1. No building shall occupy any portion of a required yard;
    1. 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;

    1. 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;
    1. 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,

    1. The distance between buildings used for human habitation and accessory buildings shall be not less than ten feet,
    1. When proposed on a lot adjoining native vegetation, accessory structures within a fire suppression zone must be reviewed and approved by the fire department,

September 26, 2017 Item #11 Page 17 of 32

    1. 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,

    1. Buildings shall not exceed one story,
    1. 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;
  1. Accessory dwelling units constructed above detached garages, pursuant to Section 21.10.030 are not subject to the one-story/fourteen-foot height limitation imposed on accessory structures;

  1. 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;

  1. 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’srequired setback areas:

  1. The maximum allowable building area per structure shall not exceed a building coverage of four hundred forty square feet,
  1. 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,
  1. 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
    1. The additional development standards listed above (subsections (A)(l)(g)(i) through (iii) of this section) shall apply to the entire subject accessory structure, not just the portion encroaching into a lot’ssetback area; and

September 26, 2017 Item #11 Page 18 of 32

            1. The provisions of this section are applicable notwithstanding the permit requirements contained in Section 18.04.015.
          1. Corner Lots and Reversed Corner Lots.
            1. No building shall occupy any portion of a required yard;
            1. 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;

        1. 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,

ii. The distance between buildings used for human habitation and accessory buildings shall be not less than ten feet,

        1. When proposed on a lot adjoining native vegetation, accessory structures within a fire suppression zone must be reviewed and approved by the fire department,
      1. 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,

    1. Buildings shall not exceed one story,
  1. 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. Accessory dwelling units constructed above detached garages, pursuant to Section 21.10.030 are not subject to the one-story/fourteen-foot height limitation imposed on accessory structures;

September 26, 2017 Item #11 Page 19 of 32

  1. 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;

  1. 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’srequired setback areas:

  1. The maximum allowable building area per structure shall not exceed a building coverage of four hundred forty square feet,
  1. 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,
  1. 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
    1. 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’ssetback area; and

  1. The provisions of this section are applicable notwithstanding the permit requirements contained in Section 18.04.015.
  1. That section 21.16.060 of the Carlsbad Municipal Code is amended as follows:

21.16.060 Placement of buildings.

  1. Placement of buildings on any lot shall conform to the following:
    1. Interior Lots.
  1. No building shall occupy any portion of a required yard;
  1. 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

September 26, 2017 Item #11 Page 20 of 32

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;

    1. 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;
    1. 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,

    1. The distance between buildings used for human habitation and accessory buildings shall be not less than ten feet,
    1. When proposed on a lot adjoining native vegetation, accessory structures within a fire suppression zone must be reviewed and approved by the fire department,
      1. 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,

    1. Buildings shall not exceed one story,
  1. 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;
    1. Accessory dwelling units constructed above detached garages, pursuant to Section 21.10.030 are not subject to the one-story/fourteen-foot height limitation imposed on accessory structures;

    1. 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;

    1. 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

September 26, 2017 Item #11 Page 21 of 32

grade and freestanding patio covers shall comply with the following additional development standards when located within a lot’s requiredsetback areas:

  1. 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;

    1. The additional development standards listed above (subsections (A)(l)(g)(i) through (iii) of this section) shall apply to the entire subject accessory structure, not just the portion encroaching into a lot’ssetback area; and

h.The provisions of this section are applicable notwithstanding the permit requirements

contained in Section 18.04.015.

      1. Corner Lots and Reversed Corner Lots.
    1. No building shall occupy any portion of a required yard;
    1. 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;
    1. 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;

    1. 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,

    1. The distance between buildings used for human habitation and accessory buildings shall be not less than ten feet,

September 26, 2017 Item #11 Page 22 of 32

      1. When proposed on a lot adjoining native vegetation, accessory structures within a fire suppression zone must be reviewed and approved by the fire department,
        1. 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,

      1. Buildings shall not exceed one story,
    1. 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. Accessory dwelling units constructed above detached garages, pursuant to Section 21.10.030 are not subject to the one-story/fourteen-foot height limitation imposed on accessory structures;

  1. 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;

  1. 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’srequired setback areas:

  1. The maximum allowable building area per structure shall not exceed a building coverage of four hundred forty square feet,
  1. 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,
  1. 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,

September 26, 2017 Item #11 Page 23 of 32

  1. 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’ssetback area; and

  1. The provisions of this section are applicable notwithstanding the permit requirements contained in Section 18.04.015.
  1. That subsections A.7 through A.12 of section 21.18.030 of the Carlsbad Municipal Code are amended as follows:
  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;

  1. The distance between buildings used for human habitation and accessory buildings shall be not less than ten feet;
  1. When proposed on a lot adjoining native vegetation, accessory structures within a fire suppression zone must be reviewed and approved by the fire department;
  1. 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;

  1. Buildings shall not exceed one story; and
  1. 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.
  1. Accessory dwelling units constructed above detached garages, pursuant to Section 21.10.030 are not subject to the one-story/fourteen-foot height limitation imposed on accessory structures.

  1. 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.

September 26, 2017 Item #11 Page 24 of 32

      1. 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’srequired setback areas:

    1. The maximum allowable building area per structure shall not exceed a building coverage of four hundred forty square feet;
    1. 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;
    1. 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
    1. 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’ssetback area.

      1. The provisions of this section are applicable notwithstanding the permit requirements contained in Section 18.04.015.
      1. 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.

  1. That the second dwelling units use listed within Table A of section 21.20.010 of the Carlsbad Municipal Code is amended as follows:
Use p CUP

Ace

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-

X

family residence.

September 26, 2017 Item #11 Page 25 of 32

  1. That subsections (1) and (2) of section 21.20.080 of the Carlsbad Municipal Code are amended as follows:
  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.

    1. The distance between buildings used for human habitation and accessory buildings shall be not less than ten feet.
    1. When proposed on a lot adjoining native vegetation, accessory structures within a fire suppression zone must be reviewed and approved by the fire department.
    1. 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.

    1. Buildings shall not exceed one story.
    1. 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.
    1. Accessory dwelling units constructed above detached garages, pursuant to Section 21.10.030 are not subject to the one-story/fourteen-foot height limitation imposed on accessory structures.

  1. 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.

    1. That subsections A and B of section 21.22.070 of the Carlsbad Municipal Code are amended as follows:

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;

September 26, 2017 Item #11 Page 26 of 32

    1. The distance between buildings used for human habitation and accessory buildings shall be not less than ten feet;
    1. When proposed on a lot adjoining native vegetation, accessory structures within a fire suppression zone must be reviewed and approved by the fire department;
    1. 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;

    1. Buildings shall not exceed one story;
    1. 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
    1. Accessory dwelling units constructed above detached garages, pursuant to Section 21.10.030 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.

    1. That subsections A through C of section 21.24.090 of the Carlsbad Municipal Code are amended as follows:

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;

  1. The distance between buildings used for human habitation and accessory buildings shall be not less than ten feet;
  1. When proposed on a lot adjoining native vegetation, accessory structures within a fire suppression zone must be reviewed and approved by the fire department;

September 26, 2017 Item #11 Page 27 of 32

  1. 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;

  1. Buildings shall not exceed one story; and
  1. 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.Accessory dwelling units constructed above detached garages, pursuant to Section

21.10.030 are not subject to the one-story/fourteen-foot height limitation imposed on accessory

structures.

  1. 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.
    1. That the number of off-street parking spaces required for one-family dwellings is amended within Table A of section 21.44.020 of the Carlsbad Municipal Code as follows:

Two spaces per unit, provided as either:

A two-car garage (minimum interior 20 feet x 20 feet}; or

One-family dwellings • Two separate one-car garages (minimum interior 12 feet x 20 feet each}; or

    • As otherwise permitted, pursuant to Section 21.10.030 ofthis title, when a garage is converted to an accessory dwelling unit.
  1. That the number of off-street parking spaces required for second dwelling units is amended within Table A of section 21.44.020 of the Carlsbad Municipal Code as follows:

1 space (covered or uncovered}, in addition to the parking required for the primary use (single, one-family dwelling}; unless otherwise specified in Section

Accessory dwelling

21.10.030 of this code.

units

The additional parking space may be provided through tandem parking on a driveway and may be within the front or side yard setback.

September 26, 2017 Item #11 Page 28 of 32

  1. That the location standards for required parking spaces for second dwelling units are amended within Table C of section 21.44.060 of the Carlsbad Municipal Code as follows:

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.
  1. That Table D of section 21.44.060 of the Carlsbad Municipal Code is amended as follows:

Table D – Residential Garage Standards

Type Garage Standard
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.
Each separate, one-car garage shall have interior dimensions of
12 feet by 20 feet, exclusive of supporting columns.
Multiple one-car garages in one structure As a minimum, each space shall be separated from the adjacent
garage, floor to ceiling, by a permanent stud partition with Yi-
inch gypsum board on one side, where no additional fire
protection is required.
Each parking space shall maintain a standard stall size of 8.5
Enclosed parking garage with multiple, feet by 20 feet, exclusive of supporting columns or posts.
A backup distance of 24 feet shall be maintained in addition to
open parking spaces
a minimum 5 feet turning bump-out located at the end of any
stall series.
  1. That within Table E of section 21.44.060 of the Carlsbad Municipal Code, for passenger vehicles, and light-duty commercial vehicles used as a principal means of transportation by an occupant of the dwelling, the standard for where vehicles can be parked for one-family dwellings on individual lots is amended as follows:

One-family dwellings on individual lots (in addition to parking spaces required 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
  1. 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.

September 26, 2017 Item #11 Page 29 of 32

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.

  1. That the notes to Table F of subsection B of section 21.45.090 of the Carlsbad Municipal Code are amended as follows:

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.
  1. Minimum 10-foot separation required between a habitable building and any other detached accessory building/structure.
  2. Must be architecturally compatible with the existing structure.
  1. Except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030.
            1. That subsections A and B.1 of section 21.201.060 of the Carlsbad Municipal Code are amended as follows:
          1. For the purposes of subsection B.1 of this section, an existing single-family residential building shall include:
            1. All appurtenances and other accessory structures, including decks, directly attached to

the residence;

            1. Accessory 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;

        1. Landscaping on the lot.
          1. 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;

September 26, 2017 Item #11 Page 30 of 32

    1. Where the residence or proposed improvement would encroach within fifty feet of the edge of a coastal bluff;
    1. 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 property located:

    1. Between the sea and the first public road paralleling the sea;
    1. Within 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
    1. In significant scenic resources areas as designated by the commission.
    1. 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 8.8, 8.9, 8.10 and 8.11 of this section;

    2. Expansion or construction of water wells or septic systems.

EFFECTIVE DATE: This ordinance shall apply to building permit and minor coastal development permit applications for accessory dwelling units that are received after the effective date of this ordinance, as described below. Outside the Coastal Zone, this ordinance shall be effective thirty days after its adoption; and the City Clerk shall certify the adoption of this ordinance and cause the full text of the ordinance or a summary of the ordinance prepared by the City Attorney to be published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption. Within the Coastal Zone, this ordinance shall not be effective until LCPA 2016-0001 is approved by the California Coastal Commission.

September 26, 2017 Item #11 Page 31 of 32

INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council
day of September, 2017, and thereafter
PASSED, APPROVED AND ADOPTED

at

a Regular Meeting of the City Council of
Carlsbad on the 26th day of

September, 2017,

by the following vote, to wit:
AYES: M. Hall, K. Blackburn,

M.

Schumacher, C. Schumacher, M. Packard.
NOES: None.

on the 12th

the City of

ABSENT:

APPROVED AS TO FORM

None.

AND LEGALITY:

CELIA

A.

BREWER,

City

Attorney

(SEAL)

September 26, 2017 Item #11 Page 32 of 32