Agenda

On September 8^th, the City Council reviewed the proposed ordinances and received public comments. It was the consensus of the Council that the ordinance to reduce the lot coverage standards should be dropped from consideration.

Strengthening of single family residential development standards.

Protection of neighborhood values and aesthetics.

The items under consideration would amend various sections of the Carpinteria Municipal Code (CMC) relating to residential development standards.

The proposed amendments would affect R-1 standards for garage conversion, driveways, kitchens, and the noticing requirements for architectural review board hearings. If the proposed amendments were to be adopted by the City Council, a large of number of existing single family residences would be rendered legally non-conforming because of these new R-1 development standards.

The proposal is exempt from environmental review pursuant to Section 15061(b) of the CEQA Guidelines.

The proposed ordinance amendments are attached to this report. The portions of the existing ordinances that have been amended are indicated in bold italic letters. The following is an outline of the changes made to the

R-1 standards for garage conversion, driveways, kitchens, and the noticing requirements for architectural review board hearings. Based on City Council direction, an amendment of the existing R-1lot coverage standard has been withdrawn from consideration.

Garage conversion – City code currently has no prohibition against the conversion of existing garages into habitable floor area. This amendment would prohibit garages in the front of a residence from being converted to habitable area, thus changing the character, mass, and bulk of the residence as viewed from the street. This amendment would not prohibit attached garages located at the side nor at the rear of an existing residence from being converted provided there is adequate area to construct a replacement garage on the site.

Driveways – At present a permit is only required for curb cuts and driveway aprons. The proposed amendment would require a permit for the construction, alteration, or demolition of a driveway for any residence in the R-1 zone. A permit would allow the City to review workmanship and size/location of the driveway to insure that the driveway is sound and would provide adequate access to the garage. (The ordinance has been changed to allow driveway repair without a permit)

Kitchen – The definition of a kitchen would be amended to include any area of a residence where food is stored, prepared, and/or cooked. A kitchen is currently defined as a place where food is cooked. The amended definition would include food storage and preparation areas. This expanded definition would aid City staff in determining when a second unit has been created in an existing single family dwelling. (The ordinance has been modified to allow storage of food in pantries, freezers, or refrigerators in other areas of the dwelling)

Dwelling definition – The definition of a dwelling would be amended to include a list of elements that, taken individually or cumulatively, would be evidence that a portion of an existing dwelling has been converted to and is being used as an additional ("second") dwelling unit. This amendment broadens the definition of a dwelling and assists the Community Development Director in determining the presence of a "second" unit in an existing single family dwelling.

ARB public notice – This amendment would add language to clarify the public hearing notice requirement and to place in the City building code a statement that ARB review is required for certain residential additions prior to issuance of a building permit.

Recommend modification or denial of the proposed ordinance amendments.

Draft ordinance amendments

Interested citizens

2.36.130 – Architectural Character of Single Family Neighborhoods

2.36.130 (C) New carports and conversion of garages to habitable floor area at the front of existing residences and/or in the front yard setbacks are prohibited. All carports and garage conversions previously authorized by permit shall be deemed nonconforming uses subject to Chapter 14.82 of this code.

14.12.090 – Parking

Parking shall be provided as specified in Chapter 14.54. In addition, the parking of trailers, campers, boats or other motor vehicles in the required front yard setback shall not be permitted. except on an emergency basis, not to exceed a period of forty-eight hours. No garage located at the front of a residential dwelling and/or located at the front yard setback shall be converted to habitable floor area.

14.54.040 – Parking Spaces Required

14.54.040 (1) Residential Uses. Parking spaces are to be permanently maintained on the same building site on which the dwelling(s) is located. In addition, no garage located at the front of a residential unit and/or located at the front yard setback shall be converted to habitable floor area.

SECTION 2:

This Ordinance shall take effect and be in force thirty (30) days from and after its passage by the California Coastal Commission and before expiration of fifteen (15) days of its passage shall be published once with the names of the City Council voting for and against the same in the Coastal View, a newspaper of general circulation, published in the City of Carpinteria.

Ordinance No. _____

Page 2

PASSED, APPROVED, AND ADOPTED this day of _________, 1997, by the following called vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

___________________________

Mayor, City of Carpinteria

ATTEST:

________________________

City Clerk, City of Carpinteria

I hereby certify that the foregoing ordinance was duly and regularly introduced and adopted at a regular meeting of the City Council of the City of Carpinteria held the ________ day of __________, 1997.

________________________

City Clerk, City of Carpinteria

APPROVED AS TO FORM:

____________________

City Attorney

14.54.100 "Driveways"

15.080.070 Jurisdiction and Applicability - Permits Required When

15.080.070(B)

The provisions of this code shall apply to the construction, alteration, moving, demolition, repair and use of any building or structure and driveways in R-1 zone district located within the City. It shall be unlawful for any person to install, remove, alter, repair or replace or cause to be installed, removed, altered, repaired or replaced any plumbing, mechanical or electrical work which is regulated by the codes adopted by this code in a building, structure, or premises or driveway in the R-1 zone district without first obtaining a permit to do such work from the building official except as provided elsewhere in the code. Maintenance or repair of an existing driveway shall be exempt from the permit requirements of this section.

SECTION 2:

This Ordinance shall take effect and be in force thirty (30) days from and after its passage by the California Coastal Commission and before expiration of fifteen (15) days of its passage shall be published once with the names of the City Council voting for and against the same in the Coastal View, a newspaper of general circulation, published in the City of Carpinteria.

Ordinance No._____

Page 2

PASSED, APPROVED, AND ADOPTED this day of _________, 1997, by the following called vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

___________________________

Mayor, City of Carpinteria

ATTEST:

________________________

City Clerk, City of Carpinteria

I hereby certify that the foregoing ordinance was duly and regularly introduced and adopted at a regular meeting of the City Council of the City of Carpinteria held the ________ day of __________, 1997.

________________________

City Clerk, City of Carpinteria

APPROVED AS TO FORM:

____________________

City Attorney

14.08.350 "Kitchen"

"Kitchen" means a room, all or any part of which is designed, built, equipped, used, or intended to be used for the storage, preparation, and cooking of foods. Food stored in a pantry, freezer, or refrigerator located in another area of the dwelling including the garage shall not be deemed a kitchen.

SECTION 2:

This Ordinance shall take effect and be in force thirty (30) days from and after its passage by the California Coastal Commission and before expiration of fifteen (15) days of its passage shall be published once with the names of the City Council voting for and against the same in the Coastal View, a newspaper of general circulation, published in the City of Carpinteria.

PASSED, APPROVED, AND ADOPTED this day of _________, 1997, by the following called vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

___________________________

Mayor, City of Carpinteria

Ordinance No._____

Page 2

ATTEST:

________________________

City Clerk, City of Carpinteria

I hereby certify that the foregoing ordinance was duly and regularly introduced and adopted at a regular meeting of the City Council of the City of Carpinteria held the ________ day of __________, 1997.

________________________

City Clerk, City of Carpinteria

APPROVED AS TO FORM:

____________________

City Attorney

SECTION 2:

Ordinance No.540 shall not take force and effect until thirty (30) days after the City Council has taken final action. Final action by the City Council shall be taken after adoption by the California Coastal Commission of the Local Coastal Plan Amendment. In the event said Local Coastal Plan Amendment is not approved by the California Coastal Commission, this Ordinance shall become null and void. After its passage by the California Coastal Commission and before expiration of fifteen (15) days from its passage shall be published once with the names of the City Council voting for and against the same in the Coastal View, a newspaper of general circulation, published in the City of Carpinteria.

PASSED, APPROVED, AND ADOPTED this 22^nd day of September, 1997, by the following called vote:

AYES: COUNCILMEMBERS: LEDBETTER, STEIN, NIELSEN, WEINBERG,

JORDAN

NOES: COUNCILMEMBERS: NONE

ABSENT: COUNCILMEMBERS: NONE

___________________________

Mayor, City of Carpinteria

Page 2

ATTEST:

________________________

City Clerk, City of Carpinteria

I hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of the City of Carpinteria held the 22^nd day of September, 1997.

________________________

City Clerk, City of Carpinteria

APPROVED AS TO FORM:

____________________

City Attorney

2.36.050 – Jurisdiction and Duties

2.36.050 (A)

The Architectural Review Board shall review, at a noticed public hearing, design and landscaping plans as they affect the architecture of structures and signs for which a building permit is required (except for remodeling and minor additions, as defined in this section, to one lot single-family residences as determined by the Community Development Department) as well as screening in instances where screening is deemed advisable. Architectural elevations of all homes, street trees and landscaping within a proposed single-family subdivision shall be reviewed by the Architectural Review Board.

2.36.130 – Architectural Character of Single-Family Neighborhoods

2.36.130 (B)

The review of all second-story additions and any additions at the front of an existing single-family structure shall be conducted so as to achieve neighborhood compatibility, including but not limited to protection of appropriate residential density, privacy and significant public views. In the case of all such additions, owners of property sharing a common boundary line with the subject site shall be mailed notice by the City of the time, place and date of the Architectural Review Board meeting at which the addition will be reviewed.

15.08.070 Jurisdiction and Applicability – Permits Required When

15.08.070 (C)

Page 2

SECTION 2:

This Ordinance shall take effect and be in force thirty (30) days from its passage by the City Council and before expiration of fifteen (15) days of its passage shall be published once with the names of the City Council voting for and against the same in the Coastal View, a newspaper of general circulation, published in the City of Carpinteria.

PASSED, APPROVED, AND ADOPTED this day of _________, 1997, by the following called vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

___________________________

Mayor, City of Carpinteria

ATTEST:

________________________

City Clerk, City of Carpinteria

I hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of the City of Carpinteria held the ________ day of __________, 1997.

________________________

City Clerk, City of Carpinteria

APPROVED AS TO FORM:

____________________

City Attorney