HomeMy WebLinkAbout2025-11-19; Planning Commission; 01; 2025 Accessory Dwelling Unit Amendment; a proposal to ensure consistency with state law related to accessory dwelling unit regulationsMeeting Date: Nov.19, 2025 1
To: Planning Commission
Staff Contact: Shelley Glennon, Associate Planner
442-339-2605, shelley.glennon@carlsbadca.gov
Subject: 2025 Accessory Dwelling Unit Amendment; a proposal to ensure
consistency with state law related to accessory dwelling unit regulations.
Location: Citywide
Numbers: LCPA2025-0023, ZCA2025-0001 (PUB 2025-0009)
Applicant/Representative: Shelley Glennon, Associate Planner; 442-339-2605,
shelley.glennon@carlsbadca.gov
CEQA Recommendation: ☐Not a Project ☒ Exempt ☐ IS/ND or IS/MND ☐ EIR
☐Other:
Permit Type(s): ☐SDP ☐ CUP ☐ CDP ☐ TM/TPM ☐ GPA ☐ REZ ☒
LCPA
☒Other: ZCA
Commission Action: ☐Decision ☒ Recommendation to City Council ☐ Informational (No
Action)
Recommended Actions
That the Planning Commission ADOPT a Planning Commission Resolution (Exhibit 1) RECOMMENDING
APPROVAL of a CEQA Exemption, Zone Code Amendment and Local Coastal Program Amendment to Title 21
(the Zoning Ordinance) of the Carlsbad Municipal Code, based on the findings contained therein.
Project Description
The 2025 Accessory Dwelling Unit (“ADU”) Amendment implements
the city’s Housing Element Program 1.2 to promote the
development of ADUs. The Zoning Ordinance and Local Coastal
Program Amendments consist of updating the city's ADU
regulations to reflect recent state law changes (Exhibit 2). The
Zoning Ordinance is the city’s Local Coastal Program’s implementing
ordinance; therefore, an amendment to the Zoning Ordinance is an
amendment to the Local Coastal Program. Carlsbad Municipal Code
(“CMC”) changes to Titles 6 and 20 are also proposed (Exhibit 3);
however, these changes are outside of the Planning Commission’s
purview. The citywide amendments do not change allowable uses
or intensities.
City of
Carlsbad
Site Map
Nov. 19, 2025 Item #1 1 of 60
Background
State Law Compliance
Pursuant to the California Constitution, cities are expected to update their local ordinances regularly to align with
current state legislation. That is, if cities fail to update their local ADU ordinances to align with state ADU law, the
new state ADU laws automatically apply, and applicants are permitted to develop ADUs and JADUs under the state
standards (Government Code Section 66320(a)).
The California State Legislature consistently and regularly passes bills to amend the state’s ADU law, specifically,
Senate Bill 477 (effective March 24, 2024) and Senate Bill 1211 and Assembly Bill 2533 (effective Jan. 1, 2025),
which are designed to encourage the production of ADUs and Junior Accessory Dwelling Units (“JADUs”).The state
laws are not effective within the city’s Coastal Zone until the amendments are considered and approved by City
Council, and the Coastal Commission. The most notable changes include the following:
• All current ADU and JADU state regulations are incorporated into a new California Government Code
(“GC”) Chapter on ADUs (GC Sections 66310 et. seq.) (Exhibit 4).
• Up to eight detached ADUs are now allowed on a lot with an existing multiple-family dwelling provided
that it does not exceed the number of existing multiple-family dwelling units on the lot and meets all
other development requirements pursuant to GC Section 66323.
• Added a new definition for “livable space” which is a space in a dwelling intended for human habitation,
including living, sleeping, eating, cooking, or sanitation pursuant to GC Section 66313.
• Prohibited a local agency from imposing any objective development standards on ADUs and JADUs that
qualify for ministerial approval (by-right) pursuant to GC Section 66323.
• Modified permitting requirements:
o Construction of ADUs that removes an uncovered parking space does not have to replace the
uncovered parking space elsewhere (GC Section 66314(d)(11)).
o Existing nonconforming ADUs or JADUs constructed before Jan. 1, 2020, shall be permitted, unless
conformance is necessary to protect the health and safety of the public, resident and/or occupant,
or if the building is deemed substandard by the building official (GC Section 66332).
The proposed 2025 ADU Amendment project will bring the city’s Local Coastal Program (“LCP”) and the Zoning
Ordinance (the implementation ordinance for the LCP) into compliance with current state ADU law. Additionally,
this amendment complies with the city’s updated General Plan Housing Element, specifically, Housing Element
Program 1.2 which requires the city to integrate changes in state housing law into the Carlsbad Zoning
Ordinance/Municipal Code.
Ordinance Approach
The proposed 2025 ADU Amendment focuses on maintaining the city’s existing ADU standards where the city
retains discretion, while incorporating or updating other applicable standards as mandated by state law. The State
Department of Housing and Community Development (“HCD”) provides informal reviews of and comments on
draft amendments to ensure alignment with the letter and intent of state housing law. The 2025 ADU Amendment
went through this review process and as written, reflects the input of HCD. Zoning Ordinance and LCP
amendments require Planning Commission recommendation to City Council prior to City Council taking final
decision under Carlsbad Municipal Code Section 21.52.050.
In addition, to help applicants and customers navigate state law, city processing requirements, and special
programs like the city’s Permit-Ready ADU program, the city provides guidance in the form of an Informational
Bulletin (IB-111; Exhibit 5). Informational Bulletins are produced by the Community Development Department and
do not require Planning Commission or City Council approvals. Staff coordinate updates to the informational
bulletin with changes in state law and the CMC, as needed.
Nov. 19, 2025 Item #1 2 of 60
Proposed Amendments
State law provides the city with authority to establish standards for ADUs so long as they are consistent with state
ADU law, including but not limited to the following listed standards: 1) maximum size of a unit, 2) parking, 3)
height, 4) setbacks, 5) landscaping (not applicable for the city) , 6) architectural review, and 7) standards that
prevent adverse impacts on property that is listed in the California Register of Historic Resources1.
Below is a summary of how the proposed amendments change existing standards (for a detailed analysis of all
proposed amendments please see Exhibit 2, the proposed amendments to the Zoning Ordinance provided in
strikethrough/underlined format and Exhibit 6, Project Analysis):
• Maximum Size
Added clarifications regarding size requirements for the different types of ADUs consistent with state law
including the following types of ADUs: Attached ADUs proposing new construction, converted ADUs
proposed within habitable structures, detached ADUs located on single-family lots and lastly, detached
ADUs located on two-family/multiple-family lots.
• Parking
Specified that existing uncovered parking spaces demolished for construction of an ADU do not need to
be replaced.
• Height
Allowed an additional 2 feet in height for ADUs within ½ mile walking distance from a high-quality transit
corridor in addition to the major transit stops (e.g. Carlsbad Village or Poinsettia Coaster Stations)
consistent with state law. For detached ADUs, the amendment removed the one-story maximum
requirement but kept the 16’ height requirement. Lastly, height clarifications are provided for attached
ADUs and JADUs.
• Architectural Review
Clarified that mandatory or by-right ADUs are exempted from the application of objective design
standards. Clarified that objective design standards applied to other ADUs cannot preclude the ADU from
complying with the California Building Standards Code.
• Other Standards Not Listed
The following are additional changes being made:
o Replaced outdated government code number references with the current government code number
references for state ADU and JADU regulations. These changes apply to CMC Title 21 (Zoning
Ordinance), as well as Titles 6 and 20. The amendments to CMC Titles 6 and 20 are outside of the
purview of the Planning Commission, however, have been included as an informational item as they
will be presented directly to City Council for review and consideration (Exhibit 3).
o Reinforcing existing permitting requirements that the ADU’s location must have adequate water and
sewer services prior to occupancy consistent with state ADU law and the city’s land development and
engineering standards.
o Removed the requirement for Notice of Restrictions for all ADUs and replaced it with the requirement
for a deed restriction for all JADUs.
1 Govt. Code Section 66314(b)(1)
Nov. 19, 2025 Item #1 3 of 60
Public Outreach & Comment
The changes included in the proposed 2025 ADU amendment are directly in response to changes in state law
and/or direction and interpretation of state law by HCD. The city is required to make these changes in order to
continue implementation of Housing Element Program Objective 1.2 and to comply with state law.
The proposed project was reviewed and approved by the Airport Land Use Commission on Nov. 6, 2025, with no
public comments received. A state-mandated six-week public review period for the proposed LCP Amendment
(“LCPA”) began Oct. 24, 2025, and ends on Dec. 5, 2025. Interested parties were notified of the LCPA , and a notice
was published in two local newspapers. No comments were received on the LCPA as of the writing of this staff
report. The City Planner issued a draft California Environmental Quality Act (CEQA) Notice of Exemption for the
proposed project on Nov. 5, 2025. This draft notice was posted on the city’s website and sent to interested parties
(see Environmental Review section below). Lastly, this Planning Commission public hearing was noticed in local
newspapers and mailed to interested parties as prescribed by law.
Project Analysis
State Law Consistency
The proposed 2025 ADU amendments are established under the city’s regulatory police powers and are
therefore required to remain consistent with the statues of state law. The amendments proposed were
reviewed for consistency with state law as discussed in Exhibit 6, Project Analysis.
General Plan Consistency
The City of Carlsbad General Plan includes several goals and policies that guide ADU and JADU development
within the city, specifically the General Plan’s Housing Element. A discussion of how the 2025 ADU Amendment
is consistent with the applicable General Plan’s Housing Element goals and policies is summarized in Exhibit 6,
Project Analysis.
Municipal Code Consistency
The CMC Tile 21 “Zoning Ordinance”, includes requirements and provisions in Section 21.10.030 that guide ADU
and JADU development within the city, consistent with the General Plan. The project is required to comply with
all applicable regulations and development standards in the city’s zoning ordinance. Specific compliance with
relevant zoning ordinance requirements is described in Exhibit 6, Project Analysis.
Local Coastal Program Consistency
The 2025 ADU Amendment project applies citywide and is applicable to all sections of the city’s Coastal Zone.
Projects applicable to the Coastal Zone must comply with the city’s certified Local Coastal Program (LCP) including
the LCP implementation ordinance (Title 21 Zoning Ordinance). The proposed amendment to the LCP/Zoning
Ordinance complies with the certified LCP as further discussed in Exhibit 6, Project Analysis.
Airport Land Use Compatibility Plan
The proposed 2025 ADU Amendment project is consistent with the McClellan-Palomar Airport Land Use
Compatibility Plan (ALUCP) on the basis that these amendments do not materially affect allowable land uses,
development standards and do not have implications for ALUCP noise, airspace or safety compatibility. A
discussion of how the project is consistent with the ALUCP is summarized in Exhibit 6, Project Analysis.
Discretionary Actions & Findings
The 2025 ADU amendment project requires approval of certain legislative changes including a Zoning Ordinance
Amendment and LCPA. For the Zoning Ordinance and LCPA to be approved, it must be found consistent with the
General Plan, the city’s growth management program, the LCP, zoning ordinance, and the McClellan Palomar
ALUCP. See the discussion below of the proposed recommended actions.
Nov. 19, 2025 Item #1 4 of 60
Zoning Ordinance Amendment (ZCA 2025-0001)
The 2025 ADU Amendment project proposes various amendments to the Zoning Ordinance as it relates to state
ADU and JADU regulations. As described in Section 21.52.020 of the CMC, the City Planner has the authority to
initiate amendments to the city’s code. The purpose of the amendments is to increase the zoning code’s clarity,
usability, and consistency with new state ADU laws. Further analysis of the content and purpose of the proposed
project is detailed in Exhibit 6, Project Analysis.
Local Coastal Program Amendment (LCPA 2025-0023)
The 2025 ADU Amendment project proposes to amend the Zoning Ordinance, which applies citywide, including
to portions of the city within the Coastal Zone. The Zoning Ordinance is the city’s LCP’s implementing ordinance;
therefore, an amendment to the Zoning Ordinance is an amendment to the LCP. The six-week LCPA notice was
publicly posted on Oct. 24, 2025. The notice’s appeal period will end on Dec. 5, 2025, prior to which the public will
have the opportunity to provide comments on the proposed amendments to the LCP. Any comments received will
be provided to the City Council as part of its consideration of the 2025 ADU Amendments. Further analysis of the
content and purpose of the proposed project is detailed in Exhibit 6, Project Analysis.
Environmental Review
Prior to final action by the decision-making body on the project, an environmental determination shall be made
by the appropriate decision-makers as part of the approval action to ensure agency compliance with the California
Environmental Quality Act (CEQA).
Staff has reviewed the scope of the project and applicable studies provided by the applicant and finds that the
proposed action to amend the CMC and LCP to ensure consistency with state Accessory Dwelling Unit law is
exempt from environmental review under CEQA Guidelines Section 15061(b)(3) and 15378(b)(5) as it can be seen
with certainty that there is no possibility the proposed action may have a significant effect on the environment;
and under CEQA Guidelines Section 15282(h) which exempts from CEQA the adoption of an ordinance regarding
accessory dwelling units in a single-family, two-family or multiple-family dwelling residential zone to implement
California Government Code Chapter on Accessory Dwelling Units (California GC Section 66310 et. seq.).
A draft Notice of Exemption is included as Exhibit 7. This must be reviewed and considered prior to approval of
the project. The draft Notice of Exemption demonstrates that the project qualifies for the exemption. As part of
an additional and optional public disclosure, the draft Notice of Exemption was posted on the city’s website on
Nov. 5, 2025, and an email was sent to all interested parties that have expressed interest in this project or have
signed up to receive environmental notices.
Conclusion
Considering the information above and in the referenced exhibits, staff have found that the proposed
amendments are consistent with all applicable policies of the General Plan, CMC, LCP, and all other applicable
regulations. In addition, there are no environmental issues associated with the amendments. Staff recommend
the Planning Commission adopt the resolution, recommending approval of the proposed project described in this
staff report.
Exhibits
1.Planning Commission Resolution
2.Draft Zoning Ordinance Amendment (CMC Title 21) with proposed revisions
3.Draft Carlsbad Municipal Code Amendments (CMC Title 6 and 20) with proposed revisions
4.California Government Code Section 66310 et. seq. “Accessory Dwelling Units”
5.Informational Bulletin – Accessory Dwelling Units (IB-111)
6.Project Analysis
7.Draft CEQA Notice of Exemption
Nov. 19, 2025 Item #1 5 of 60
Exhibit 1
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A CEQA
EXEMPTION, ZONE CODE AMENDMENT AND A LOCAL COASTAL
PROGRAM AMENDMENT TO THE ZONING ORDINANCE (TITLE 21) OF THE
CARLSBAD MUNICIPAL CODE TO ENSURE CONSISTENCY WITH STATE LAW
RELATED TO ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY
DWELLING UNITS.
CASE NAME: 2025 ACCESSORY DWELLING UNIT AMENDMENT
CASE NO: LCPA2025-0023, ZCA2025-0001 (PUB 2025-0009)
WHEREAS, the City Planner has prepared a proposed Zone Code Amendment and Local
Coastal Program Amendment pursuant to Section 21.52.020 of the Carlsbad Municipal Code (CMC) to
ensure consistency with state law, make miscellaneous and minor edits to clarify, correct, and update
standards, and improve the readability of the Zoning Ordinance; and
WHEREAS, the City Planner has prepared the Local Coastal Program Amendment as
provided in Public Resources Code Section 30514 and Section 13551 of California Code of Regulations Title
14, Division 5.5; and
WHEREAS, the Planning Commission, pursuant to CMC Section 21.52.050, is required to
review and make recommendations to the City Council for amendments to the Zoning Ordinance; and
WHEREAS, the proposed Zoning Ordinance Amendment and Local Coastal Program
Amendment are set forth in the draft City Council Ordinance attached hereto as Attachment A, dated Nov.
19, 2025; and
WHEREAS, State Coastal Guidelines requires a six-week public review period for any
amendment to the Local Coastal Program; and
WHEREAS, on Nov. 6, 2025, the Airport land Use Commission reviewed and found that
the proposed 2025 ADU Amendment project is consistent with the adopted McClellan-Palomar Airport
Land Use Compatibility Plan; and
PLANNING COMMISSI ON RESOLUTION NO. 7560
Nov. 19, 2025 Item #1 6 of 60
-2-
WHEREAS, the Planning Commission did on the 19th day of November, 2025, hold a duly
noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to
the Zone Code Amendment.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of
Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) Compliance with CEQA. The proposed amendments are exempt from the California
Environmental Quality Act under the common sense exemption, Sections 15061(b)(3)
and 15378(b)(5) of the CEQA Guidelines, since there would be no possibility of a
significant effect on the environment; and under Section 15282(h) of the CEQA
Guidelines, which exempts from CEQA the adoption of an ordinance regarding accessory
dwelling units in a single-family, two-family or multiple-family dwelling residential zone
to implement California Government Code Chapter on Accessory Dwelling Units
(California Government Code Section 66310 et seq.), formerly California Government
Code Sections 65852.1 and 65852.2. The notice of exemption will be filed with the
Recorder/County Clerk within five days after project approval by the decision-making
body.
C) The state-mandated six-week review period for LCPA 2025-0023 began Oct. 24, 2025, and
will end Dec. 5, 2025; any comments received in response to the LCPA notice will be
reported to the City Council; and,
D) That based on the evidence presented at the public hearing, the Planning Commission
RECOMMENDS APPROVAL of a CEQA Exemption, Zone Code Amendment and Local
Coastal Program Amendment to Title 21 of the Carlsbad Municipal Code, LCPA 2025-
0023/ZCA 2025-0001, based on the following findings:
Findings:
1. LCPA 2025-0023/ZCA 2025-0001 is consistent with the General Plan as described by the
following:
Land Use & Community Design Element Goal 2-G-3 – Encouraging ADU development
through ADU Ordinance promotes infill development that makes efficient use of limited
land supply, while ensuring compatibility and integration with existing uses. Ensure that
infill properties develop with uses and development intensities supporting a cohesive
development pattern.
Nov. 19, 2025 Item #1 7 of 60
-3-
Land Use & Community Design Element Goal 2-G.4 – Encouraging ADU development
through the ADU Ordinance provides 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.
Land Use & Community Design Element Policy 2-P.6 – Encourages the provision of lower
and moderate-income ADU housing to meet the objectives of the Housing Element.
Housing Element Program 1.2a – Respond, in a timely manner, to update the Carlsbad
Zoning Ordinance/Municipal Code to integrate changes in state ADU housing law.
Housing Element Program 3.15 – The city will continue to implement its Accessory
Dwelling Unit Ordinance and support alternative types of housing.
2.LCPA 2025-0023/ZCA 2025-0001 reflects sound principles of good planning in that it amends the
Carlsbad Municipal Code to ensure consistency with state law, and that the proposed 2025 ADU
Amendments do not conflict with the General Plan and will further the goals and objectives of
the General Plan by improving the clarity and consistency of zoning regulations.
3.LCPA 2025-0023/ZCA 2025-0001 is consistent with the City's Growth Management Program in
that they do not conflict with Growth Management dwelling unit limitations and performance
standards to ensure public facilities and services keep pace with development; pursuant to
Government Code Section 66318, accessory dwelling units shall not be considered in the
application of any local ordinance, policy, or program to limit residential growth.
4.LCPA 2025-0023 is required to ensure consistency with the Zoning Ordinance.
5.LCPA 2025-0023 meets the requirements of, and is in conformity with, the policies of Chapter 3
of the Coastal Act and all applicable policies of the Carlsbad Local Coastal Program not being
amended by this amendment, in that the amendments ensure consistency with the Zoning
Ordinance and do not conflict with any Coastal Zone regulations, land use designations or
policies, with which development must comply.
6.LCPA 2025-0023/ZCA 2025-0001 is consistent with the McClellan-Palomar Airport Land Use
Compatibility Plan in that it does not propose any land use or development standard changes
that affect compatibility with the plan's safety, noise, airspace protection and overflight criteria.
The Airport Land Use Commission reviewed the amendment and found it to be consistent with
the Airport Land Use Compatibility Plan on Nov.6, 2025.
Nov. 19, 2025 Item #1 8 of 60
ATTACHMENT A
ORDINANCE NO. [DRAFT]
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, ADOPTING AMENDMENTS TO TITLE 21 OF THE CARLSBAD
MUNICIPAL CODE (ZONE CODE) AND LOCAL COASTAL PROGRAM TO ENSURE
CONSISTENCY WITH STATE LAW RELATED TO ACCESSORY DWELLING UNITS
AND JUNIOR ACCESSORY DWELLING UNITS.
CASE NAME: 2025 ACCESSORY DWELLING UNIT AMENDMENT
CASE NO: ZCA 2025-0001/ LCPA 2025-0023/ PUB 2025-0009
WHEREAS, Section 66314 of the California Government Code requires cities and counties to
permit construction of accessory dwelling units and junior accessory dwelling units, and allows cities
and counties to adopt ordinances that govern the permitting of accessory dwelling units and junior
accessory dwelling units consistent with state law; and
WHEREAS, California Governor Gavin Newsom signed Senate Bill 477, Senate Bill 1211 and
Assembly Bill 2533 into law, which amended state law to further encourage and incentivize the
construction of accessory dwelling units and junior accessory dwelling units; and
WHEREAS, the above legislative bills took effect between March 24, 2024, and Jan. 1, 2025, and
existing provisions of the City of Carlsbad Municipal Code are inconsistent with or insufficiently
supportive of the new law provisions; and
WHEREAS, the City Planner has prepared amendments to the Zone Code (ZCA 2025-0001) and
the Local Coastal Program (LCPA 2025-0023) pursuant to Chapter 21.52 of the Carlsbad Municipal Code,
Section 30514 of the Public Resources Code, and Section 13551 of California Code of Regulations Title
14, Division 5.5; and
WHEREAS, the Carlsbad Zone Code is the implementing ordinance of the Carlsbad Local Coastal
Program, and therefore, amendments to the Zone Code also constitute amendments to the Local
Coastal Program; and
WHEREAS, pursuant to California Coastal Commission Regulations, a six-week public review
period for the Local Coastal Program Amendment began Oct. 24, 2025, and ending on Dec. 5, 2025;
and
WHEREAS, on Nov. 6, 2025, the Airport Land Use Commission reviewed and found that the
proposed Zone Code Amendment is consistent with the adopted McClellan-Palomar Airport Land Use
Compatibility Plan; and
Nov. 19, 2025 Item #1 10 of 60
Page 2 of 10
WHEREAS, on Nov. 19, 2025, the Planning Commission held a duly noticed public hearing as
prescribed by law to consider ZCA 2025-0001/ LCPA 2025-0023; and
WHEREAS, the Planning Commission adopted Planning Commission Resolution No. [number]
recommending to the City Council that ZCA 2025-0001/LCPA 2025-0023 be approved; and
WHEREAS, the City Council of the City of Carlsbad held a duly noticed public hearing as
prescribed by law to consider ZCA 2025-0001/LCPA 2025-0023; 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 ZCA 2025-0001/LCPA 2025-0023; and
NOW, THEREFORE, the City Council of the City of Carlsbad, California, does ordain that:
1. The above recitations are true and correct.
2. The findings of the Planning Commission in Planning Commission Resolution No.
[number] shall also constitute the findings of the City Council as follows
3. Carlsbad Municipal Code Section 21.04.020 is amended to read as follows:
21.04.020 Accessory.
“Accessory” means a building, part of a building or structure, or use that is subordinate to and the use
of which is incidental to that of the main building, structure or use on the same lot. If an accessory
building is attached to the main building by a common wall, with a width dimension of at least three
feet and a height dimension of at least one story, such building area is considered a part of the main
building and not an accessory building or structure, except for “accessory dwelling units” or “junior
accessory dwelling units” as defined in Sections 21.04.121 and 21.04.122 of this Code. Accessory
dwelling units and junior accessory dwelling units that comply with the requirements of Section
21.10.030 this Code and the California Government Code are considered accessory.
21.04.058 California Government Code.
Any references to any statute or section within the California Government Code are made knowing
the sections may be amended from time to time and the city intends the reference to be to the
current and effective California statute as the legislature amends California law.
21.04.121 Dwelling unit, accessory (ADU).
Refer to California Government Code Section 66313(a).
21.04.122 Dwelling unit, junior accessory (JADU).
Nov. 19, 2025 Item #1 11 of 60
Page 3 of 10
Refer to California Government Code Section 66313(d).
4.Carlsbad Municipal Code Section 21.10.030 is amended to read as follows:
21.10.030 Accessory dwelling units and junior accessory dwelling units.
21.10.030 Accessory dwelling units and junior accessory dwelling units.
A.Purpose. This section provides standards for the establishment of accessory dwelling units
(ADUs) and junior accessory dwelling units (JADUs). Pursuant to the California Government
Code Chapter on Accessory Dwelling Units (California Government Code Section 66310 et seq.),
local governments have the authority to adopt regulations designed to promote development
of ADUs and JADUs.
B.Standards of Review. Review of ADUs and JADUs shall be consistent with the following:
1.ADU or JADU applications shall be considered a ministerial action without discretionary
review or a public hearing if all requirements of this section (21.10.030) are met,
notwithstanding any other requirements of state law or this Code.
2.ADUs or JADUs developed within the coastal zone shall obtain a coastal development
permit pursuant to Chapter 21.201 of this Code and a building permit. ADUs or JADUs
developed outside of the coastal zone shall obtain a building permit.
3.The city shall approve or deny an application to create an ADU or a JADU within the
time period specified under California Government Code Section 66317.
4.The city shall not deny an application for a permit to create an ADU or a JADU due to
the correction of nonconforming zoning conditions, building code violations, or
unpermitted structures that do not present a threat to public health and safety and
are not affected by the construction of the ADU as specified under California
Government Code Section 66322.
5.If the city denies an application for an ADU or a JADU, the city shall supply in writing a
full set of comments to the applicant with a list of items that are defective or deficient
and a description of how the application can be remedied by the applicant within the
time period specified under California Government Code Section 66317.
6.A demolition permit for a detached garage that is to be replaced with an ADU shall be
reviewed with the application for the ADU and issued at the same time.
7.If the permit application to create an ADU or a JADU is submitted with a permit
application to create a new one-family dwelling, two-family dwelling or multiple-family
dwelling on the lot, the city may delay acting on the permit application for the ADU or
the JADU until the city acts on the permit application to create the new one-family
Nov. 19, 2025 Item #1 12 of 60
Page 4 of 10
dwelling, two-family dwelling or multiple-family dwelling, but the application to create
the ADU or JADU shall be considered without discretionary review or public hearing. If
the applicant requests a delay, the time period specified under California Government
Code Section 66317, shall be tolled for the period of the delay.
C.Residential Use and Density. ADUs and JADUs, complying with the requirements of this section
(21.10.030) and California Government Code Sections 66314, 66319, and 66324:
1.Shall be considered accessory residential uses or accessory residential buildings that
are consistent with the general plan or zoning designations for the lot; and
2.Shall not be considered to exceed the allowable density for the lot upon which they are
located.
D.Number and Location.
1.ADUs shall be permitted in zones that allow one-family dwellings, two-family dwellings,
multiple-family dwellings, and mixed-use (residential uses in combination with non-
residential uses), provided there is an existing or proposed dwelling on the lot where
the ADU is proposed, as specified in California Government Code Section 66314. Refer
to the applicable zone’s Permitted Uses table within this Title (Title 21 Zoning).
2.For zones that allow one-family dwellings, one JADU shall be permitted with an
associated existing or proposed one-family dwelling. Refer to a specific zone’s Permitted
Uses table within this Title.
3.The location of the ADU shall provide access to adequate water and sewer services
pursuant to the city’s current engineering standards.
4.The number and location of ADUs or JADUs on a lot shall be subject to this Code and
California law, including Government Code Sections 66314, 66321, 66323, and 66333.
E.Other Requirements and Standards. ADUs and JADUs shall comply with all the following
requirements and standards:
1.ADUs and JADUs shall comply with the development requirements and standards of
California Government Code Section 66310 et seq.
2.If there is a conflict with applicable development requirements and standards of this
code and with California Government Code and the coastal resource and public access
protection requirements of the certified local coastal program, the California
Nov. 19, 2025 Item #1 13 of 60
Page 5 of 10
Government Code and coastal resource and public access protection requirements of
the certified local coastal program shall prevail.
3. The maximum size of an ADU or JADU shall be limited and consistent with California
Government Code Sections 66313, 66314, 66321 and 66323:
a. Attached ADUs – 50% of the total floor area of the main dwelling or 1,200
square feet, whichever is less, but not less than 800 square feet. This limit
applies to attached ADUs that include construction of new square footage.
b. Conversion ADUs – Must be contained entirely within an existing or proposed
main dwelling or accessory structure that is subject to the underlying zone’s lot
coverage requirements.
c. Detached ADUs – 1,200 square feet. This limit applies to one-family dwelling
lots. Maximum size of ADUs on two-family and multiple-family dwelling lots is
regulated by California Government Code Section 66323.
d. JADUs – 500 square feet
4. The maximum height of an ADU or JADU shall be limited as follows, consistent with
California Government Code Sections 66313, 66314 and 66321:
a. A detached ADU on a lot with an existing or proposed one-family, two-family or
multiple-family dwelling unit shall be allowed a height up to 16 feet.
b. A detached ADU on a lot with an existing or proposed one-family, two-family,
or multiple-family dwelling unit that is within one-half mile walking distance of
a major transit stop (e.g. Carlsbad Village Station or Poinsettia Station) or a
high-quality transit corridor as defined in California Public Resources Code
Section 21155, shall be allowed a height up to 18 feet. An additional two feet in
height, a 20 feet maximum, is allowed to accommodate a roof pitch on the
ADU that is aligned with the roof pitch of the primary dwelling.
c. A detached ADU on a lot with an existing or proposed two-family or multiple-
family, multistory dwelling unit shall be allowed a height up to 18 feet.
d. An attached ADU is allowed a height up to 25 feet, or the height limits of the
applicable zoning for the primary dwelling, whichever is higher, but not to
exceed two stories.
e. An ADU constructed above or below a detached garage shall be permitted and
shall conform to the height limits applicable to the zone. An ADU located above
or below a detached garage shall be limited to a maximum of one-story, a
combined two stories maximum.
Nov. 19, 2025 Item #1 14 of 60
Page 6 of 10
f. A JADU is contained within a one-family dwelling unit and subject to the height
requirements of the one-family dwelling unit’s underlying zone.
5. Roof decks shall not be permitted on detached or attached ADUs.
6. The construction of an ADU or JADU that is all new construction, or is a conversion of a
portion or all of an existing structure, or expands the square footage of an existing
structure, shall be consistent with all habitat preserve buffers, geologic stability
setbacks, and visual resource protection policies in the city’s certified local coastal
program, habitat management plan, general plan, and geotechnical report, as
applicable.
7. Except for qualifying ADUs and JADUs as defined by California Government Code
Section 66323, the exterior roofing, trim, walls, windows and the color palette of the
ADU or JADU on lots with one-family dwelling(s) shall incorporate the same features as
the primary dwelling unit. In no case shall the features of the roofing, trim, walls or
windows preclude the ADU or JADU from complying with the California Building
Standards Code.
8. On lots with two-family or multiple-family dwellings, the exterior roofing, trim, walls,
windows and the color palette of the ADU addition shall incorporate the same features
as the existing building. For detached ADUs, the addition shall be reflective of the
nearest building as measured from the wall of the existing building to the nearest wall
of the proposed unit, unless the ADU is compliant with California Government Code
Section 66323. In no case shall the features of the roofing, trim, walls or windows
preclude the ADU from complying with the California Building Standards Code.
9. Parking.
a. An ADU shall provide off-street parking in compliance with Chapter 21.44
(Parking) of this Code, unless it qualifies for an exemption as specified in
California Government Code Sections 66314 or 66322.
b. No off-street parking is required for a JADU if it meets the requirements
specified in California Government Code Section 66334.
c. When a garage, carport, covered parking structure, or uncovered parking space
is demolished in conjunction with the construction of an ADU or converted to
an ADU, the loss of parking does not need to be replaced, except on lots
located west of the rail corridor and on lots located east of the rail corridor and
west of Interstate 5 between Avenida Encinas to the north and Batiquitos
Lagoon to the south. When required, the loss of parking shall be replaced
subject to the parking requirements in Chapter 21.44 (Parking) of this Code,
except as follows:
Nov. 19, 2025 Item #1 15 of 60
Page 7 of 10
i. The replacement parking spaces may be covered, uncovered, or tandem
spaces, or provided by the use of mechanical automobile parking lifts
within a garage; and may be located in the front, side or rear yard,
provided the parking area is an improved parking surface, such as
paving, hardscape, decomposed granite, etc.
ii. The location of the replacement parking spaces shall be consistent with
all habitat preserve buffers, geologic stability setbacks, and visual
resource protection policies in the certified local coastal program.
10. ADUs intended to satisfy an inclusionary requirement shall comply with the
requirements of Chapter 21.85 (Inclusionary Housing) of this Code, including, but not
limited to, the applicable rental rates and income limit standards.
11. A Deed Restriction shall be recorded on the property signed by all property owners or
a designated agent authorized to bind the owners, for all JADUs in one-family
residential zones, which shall run with the land, declaring that:
a. The owners of the property are prohibited from selling the JADU separate from
the sale of the one-family residence.
b. California Government Code, Title 7, Division 1, Chapter 13, Article 3 restricts the
size and attributes of the JADU to conform to that article.
c. This Deed Restriction may be enforced against any future purchasers.
12. An ADU may be sold separately from the primary dwelling only in limited situations
pursuant to California Government Code Sections 66340-66342.
5. Carlsbad Municipal Code Section 21.45.090 Table F is amended as shown below:
21.38.025 Accessory dwelling units.
Accessory dwelling units or junior accessory dwelling units are permitted according to the
provisions of Section 21.10.030.
6. Carlsbad Municipal Code Section 21.45.090 Table F is amended as shown below:
21.45.090 Residential additions and accessory uses.
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
Nov. 19, 2025 Item #1 16 of 60
Page 8 of 10
Attached/detached patio covers 10 feet to posts
(2-foot overhang permitted)
5 feet to posts
(2-foot overhang
permitted)
Non-habitable detached
accessory buildings/structures
(e.g., garages, workshops, decks
over 30 inches in height) (1), (2)
20 feet 5 feet
Habitable detached accessory
buildings
(e.g. guest houses) (2)(3)
Same setbacks as required for the primary dwelling (3)
Habitable detached and
attached ADUs & JADUs
Refer to Section 21.10.030 of this Code for all applicable ADU &
JADU regulations
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)Must incorporate the same architectural features and color palette as the primary
dwelling unit.
(3) Refer to the underlying zone’s setback requirements for the primary dwelling(s).
7.Carlsbad Municipal Code Section 21.48 is amended as shown below:
21.48.020 “Applicability”
B. The provisions of this chapter do not apply:
[…](2) When an accessory dwelling unit or junior accessory dwelling unit is proposed on a lot with an
existing nonconforming residential structure that is nonconforming with regard to geologic
setback, public view encroachment, coastal access, or habitat preserve buffers, and development
of the proposed accessory dwelling unit or junior accessory dwelling unit does not result in
redevelopment of the nonconforming residential structure. Pursuant to California Government
Code Chapter on Accessory Dwelling Units (California Government Code Section 66310 et seq.),
the city shall not require, as a condition for approval of an accessory dwelling unit or a junior
accessory dwelling unit, the correction of nonconforming zoning conditions, except where the
accessory dwelling unit or junior accessory dwelling unit is located in the coastal zone and is
attached to the nonconforming residential structure that is nonconforming with regard to
Nov. 19, 2025 Item #1 17 of 60
Page 9 of 10
geologic setback, public view encroachment, coastal access, or habitat preserve buffers, and will
result in redevelopment of the nonconforming structure. For purposes of this section,
redevelopment shall mean alterations to the residential structure resulting from construction of
an accessory dwelling unit or junior accessory dwelling unit that consist of: (a) additions to an
existing structure; or (b) exterior or interior renovations; or (c) demolition or replacement of an
existing principal structure, or portions thereof, any of which results in replacement (including
demolition, renovation or alteration) of fifty percent or more of major structural components
including exterior walls, floor, roof structure or foundation, or a fifty percent increase in gross
floor area.
[…]
EFFECTIVE DATE OF THIS ORDINANCE APPLICABLE TO PROPERTIES OUSTIDE 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.
EFFECTIVE DATE OF THIS ORDINANCE APPLICABLE TO PROPERTIES INSIDE THE COASTAL ZONE:
This ordinance shall be effective thirty days after its adoption or upon Coastal Commission approval of
LCPA 2025-0023, whichever occurs later; 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.
///
///
///
///
Nov. 19, 2025 Item #1 18 of 60
Page 10 of 10
///
INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the ______
day of __________, 2026, and thereafter
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the __ day of ________, 2026, by the following vote, to wit:
AYES:
NAYS:
ABSENT:
APPROVED AS TO FORM AND LEGALITY:
_________________________________
Cindie K. McMahon, City Attorney
_________________________
KEITH BLACKBURN, Mayor
_________________________
SHERRY FREISINGER, City Clerk
(SEAL)
Nov. 19, 2025 Item #1 19 of 60
Exhibit 2
Draft 2025 Accessory Dwelling Unit Amendment (LCPA 2025-0023, ZCA2025-0001 (PUB 2025-0009)
There are four Chapters in Title 21 “Zoning” of the Carlsbad Municipal Code proposed to be amended as
provided in underlined/strikethrough format below:
1.Chapter 21.04 “Definitions,” Sections 21.04.020, 21.04.121 and 21.04.122 are proposed
to be amended and Section 21.04.058 is proposed to be added as follows:
21.04.020 Accessory.
“Accessory” means a building, part of a building or structure, or use that is subordinate to
and the use of which is incidental to that of the main building, structure or use on the same
lot. If an accessory building is attached to the main building by a common wall, with a width
dimension of at least three feet and a height dimension of at least one story, such building
area is considered a part of the main building and not an accessory building or structure,
except for “accessory dwelling units” or “junior accessory dwelling units” as defined in
Sections 21.04.121 and 21.04.122 of this Code. Accessory dwelling units and junior accessory
dwelling units that comply with the requirements of Section 21.10.030 this Code and and the
California Government Code Sections 65852.2 (effective Jan. 1, 2023) and 65852.22 (effective
Jan. 1, 2023), respectively, are considered accessory.
21.04.058 California Government Code.
Any references to any statute or section within the California Government Code are made
knowing the sections may be amended from time to time and the city intends the reference
to be to the current and effective California statute as the legislature amends California law.
21.04.121 Dwelling unit, accessory (ADU).
Refer to California Government Code Section 66313(a). 65852.2 (effective Jan. 1, 2023).
21.04.122 Dwelling unit, junior accessory (JADU).
Refer to California Government Code Section 66313(d). 65852.2 (effective Jan. 1, 2023).
2.Chapter 21.10 “R-1 One-Family Residential Zone,” Section 21.10.030 is proposed to be
amended as follows:
21.10.030 Accessory dwelling units and junior accessory dwelling units.
A.Purpose. This section provides standards for the establishment of accessory dwelling
units (ADUs) and junior accessory dwelling units (JADUs). Pursuant to the California
Government Code Chapter on Accessory Dwelling Units (California Government Code
Section 66310 et seq.), Sections 65852.2 (effective Jan. 1, 2023) and 65852.22 (effective
Nov. 19, 2025 Item #1 20 of 60
Jan. 1, 2023), local governments have the authority to adopt regulations designed to
promote development of ADUs and JADUs.
B.Standards of Review. Review of ADUs and JADUs shall be consistent with the following:
1.ADU or JADU applications shall be considered a ministerial action without
discretionary review or a public hearing if all requirements of this section
(21.10.030) are met, notwithstanding any other requirements of state law or this
development Code.
2.ADUs or JADUs developed within the coastal zone shall obtain a coastal
development are subject to the permit requirements pursuant to of
Chapter 21.201of this Code and require a building permit. Development of ADUs
or JADUs developed outside of the coastal zone requires shall obtain a building
permit.
3. The city shall approve or deny an application to create an ADU or a JADU within
the time period specified under California Government Code Section 66317.
65852.2 (effective Jan. 1, 2023) and 65852.22 (effective Jan. 1, 2023).
4.The city shall not deny an application for a permit to create an ADU or a JADU
due to the correction of nonconforming zoning conditions, building code
violations, or unpermitted structures that do not present a threat to public
health and safety and are not affected by the construction of the ADU as
specified under California Government Code Section 66322. Sections 65852.2
(effective Jan. 1, 2023) and 65852.22 (effective Jan. 1, 2023).
5.If the city denies an application for an ADU or a JADU, the city shall supply in
writing a full set of comments to the applicant with a list of items that are
defective or deficient and a description of how the application can be remedied
by the applicant within the time period specified under California Government
Code Section 66317 65852.2 (effective Jan. 1, 2023) and 65852.22 (effective Jan.
1, 2023).
6.A demolition permit for a detached garage that is to be replaced with an
accessory dwelling unit ADU shall be reviewed with the application for the
accessory dwelling unit ADU and issued at the same time.
7.If the permit application to create an ADU or a JADU is submitted with a permit
application to create a new one-family dwelling, two-family dwelling or multiple-
family dwelling on the lot, the city may delay acting on the permit application for
the ADU or the JADU until the city acts on the permit application to create the
Nov. 19, 2025 Item #1 21 of 60
new one-family dwelling, two-family dwelling or multiple-family dwelling, but
the application to create the ADU or JADU shall be considered without
discretionary review or public hearing. If the applicant requests a delay, the time
period specified under California Government Code Section 65852.2 (effective
Jan. 1, 2023) and 65852.22 (effective Jan. 1, 2023) 66317, shall be tolled for the
period of the delay.
C.Residential Use and Density. ADUs and JADUs, which complying with the requirements
of this section (21.10.030) and California Government Code Sections 66314, 66319, and
66324 65852.2 (effective Jan. 1, 2023) and 65852.22 (effective Jan. 1, 2023):
1.Shall be considered accessory residential uses or accessory residential buildings
that are consistent with the general plan or zoning designations for the lot; and
2.Shall not be considered to exceed the allowable density for the lot upon which it
is they are located.; and
D.Number and Location.
1.ADUs shall be permitted in zones that allow one-family dwellings, two-family
dwellings, multiple-family dwellings, and mixed-use (residential uses in
combination with non-residential uses), provided there is an existing or proposed
dwelling on the lot where the ADU is proposed, as specified in California
Government Code Section 66314. Sections 65852.2 (effective Jan. 1, 2022) and
65852.22 (effective Jan. 1, 2023). Refer to the applicable a specific zone’s
Permitted Uses table within this Title (Title 21 Zoning).
2.For zones that allow one-family dwellings, one JADU shall be permitted with an
associated existing or proposed one-family dwelling. Refer to a specific zone’s
Permitted Uses table within this Title.
3.The location of the ADU shall provide access to adequate water and sewer services
pursuant to the city’s current engineering standards.
4.The number and location of ADUs or JADUs on a lot shall be subject to this Code
and California law, including Government Code Sections 66314, 66321, 66323, and
66333. 65852.2 (effective Jan. 1, 2023) and 65852.22 (effective Jan. 1, 2023).
E.Other Requirements and Standards. ADUs and JADUs shall comply with all the following
requirements and standards:
Nov. 19, 2025 Item #1 22 of 60
1. ADUs and JADUs shall comply with the development requirements and standards
of California Government Code Section 66310 et seq. Sections 65852.2 (effective
Jan. 1, 2023) and 65852.22 (effective Jan. 1, 2023).
2. When not in If there is a conflict with applicable development requirements and
standards of this code and with California Government Code Sections 65852.2
(effective Jan. 1, 2023) and 65852.22 (effective Jan. 1, 2023) and the coastal
resource and public access protection requirements of the certified local coastal
program, ADUs and JADUs shall also comply with applicable development
requirements and standards of this code. the California Government Code and
coastal resource and public access protection requirements of the certified local
coastal program shall prevail.
3. The maximum size of an ADU or JADU shall be limited and as follows, consistent
with California Government Code Sections 66313, 66314, 66321 and 66323:
65852.2 (effective Jan. 1, 2023) and 65852.22 (effective Jan. 1, 2023):
a. Attached ADUs – 50% of the total floor area of the main dwelling or 1,200
square feet, whichever is less, but not less than 800 square feet. This limit
applies to attached ADUs that include construction of new square
footage.
b. Conversion ADUs – Must be contained entirely within an existing or
proposed main dwelling or accessory structure that is subject to the
underlying zone’s lot coverage requirements.
c. Detached ADUs – 1,200 square feet. This limit applies to one-family
dwelling lots. Maximum size of ADUs on two-family and multiple-family
dwelling lots is regulated by California Government Code Section 66323.
65852.2 (effective Jan. 1, 2023) and 65852.22(effective Jan. 1, 2023):
d. JADUs – 500 square feet
4. The maximum height of an ADU or JADU shall be limited as follows, consistent
with California Government Code Sections 66313, 66314 and 66321: 65852.2
(effective Jan. 1, 2023) and 65852.22(effective Jan. 1, 2023):
a. A detached ADU on a lot with an existing or proposed one-family, two-
family or multiple-family dwelling unit shall be allowed a height up to 16
feet and one story.
b. A detached ADU on a lot with an existing or proposed one-family, two-
family, or multiple-family dwelling unit that is within one-half mile
walking distance of a major transit stop (e.g. Carlsbad Village Station or
Poinsettia Station) or a high-quality transit corridor as defined in
California Public Resources Code Section 21155, shall be allowed a height
up to 18 feet. An additional two feet in height, a (20 feet maximum), is
Nov. 19, 2025 Item #1 23 of 60
allowed to accommodate a roof pitch on the ADU that is aligned with the
roof pitch of the primary dwelling.
c.A detached ADU on a lot with an existing or proposed two-family or
multiple-family, multistory dwelling unit shall be allowed a height up to
18 feet.
d.An attached ADU is allowed a height up to 25 feet, or the height limits of
the applicable zoning for the primary dwelling, whichever is higher, but
not to exceed two stories.
e.An ADU constructed above or below a detached garage shall be
permitted and shall conform to the height limits applicable to the zone.
Structures that contain An ADU located above or below a detached
garage shall be limited to a maximum of two stories including the garage
one-story, a combined two stories maximum.
f.A JADU is contained within a one-family dwelling unit and subject to the
height requirements of the one-family dwelling unit’s underlying zone.
5.Roof decks shall not be permitted on detached or attached ADUs.
6.The construction of an ADU or JADU that is all new construction, or is a
conversion of a portion or all of an existing structure, or expands the square
footage of an existing structure, shall be consistent with all habitat preserve
buffers, geologic stability setbacks, and visual resource protection policies in the
city’s certified local coastal program, habitat management plan, general plan,
and geotechnical report, as applicable.
7.Except for qualifying ADUs and JADUs as defined by California Government Code
Section 66323, On lots with one-family dwelling(s), the exterior roofing, trim,
walls, windows and the color palette of the ADU or JADU on lots with one-family
dwelling(s) shall incorporate the same features as the primary dwelling unit. In
no case shall the features of the roofing, trim, walls or windows preclude the
ADU or JADU from complying with the California Building Standards Code.
8.On lots with two-family or multiple-family dwellings, the exterior roofing, trim,
walls, windows and the color palette of the ADU addition shall incorporate the
same features as the existing building that the ADU would be provided within.
For detached ADUs, the addition it shall be reflective of the nearest building as
measured from the wall of the existing building to the nearest wall of the
proposed unit, unless the ADU is compliant with California Government Code
Section 66323. In no case shall the features of the roofing, trim, walls or
windows preclude the ADU from complying with the California Building
Standards Code.
Nov. 19, 2025 Item #1 24 of 60
9. Parking.
a. An ADU shall provide off-street parking in compliance with Chapter 21.44
(Parking) of this Code, unless it qualifies for an exemption as specified in
California Government Code Sections 66314 or 66322. 65852.2 (effective
Jan. 1, 2023).
b. No off-street parking is required for a JADU if it meets the requirements
specified in California Government Code Section 66334. 65852.22
(effective Jan. 1, 2023).
c. When a garage, carport, covered parking structure, or uncovered parking
space is demolished in conjunction with the construction of an ADU or
converted to an ADU, the loss of parking for the primary dwelling does
not need to be replaced, except on lots located west of the rail corridor
and on lots located east of the rail corridor and west of Interstate 5
between Avenida Encinas to the north and Batiquitos Lagoon to the
south. When required, In which case, the loss of parking for the primary
dwelling shall be replaced subject to the parking requirements in Chapter
21.44 (Parking) of this Code, except as follows:
i. The replacement parking spaces may be covered, uncovered, or
tandem spaces, or provided by the use of mechanical automobile
parking lifts within a garage; and may be located in the front, side
or rear yard, provided the parking area is an improved parking
surface, such as paving, hardscape, decomposed granite, etc.
ii. The location of the replacement parking spaces shall be consistent
with all habitat preserve buffers, geologic stability setbacks, and
visual resource protection policies in the certified local coastal
program.
10. ADUs intended to satisfy an inclusionary requirement shall comply with the
requirements of Chapter 21.85 (Inclusionary Housing) of this Code, including, but
not limited to, the applicable rental rates and income limit standards.
11. A notice of restriction shall be recorded on the property declaring that:
a. An ADU(s) or JADU shall not be used for short-term rentals of less than 30
days. This requirement does not apply to any unit that was issued a
building permit prior to January 1, 2020.
b. The obligations and restrictions imposed on the approval of the ADU(s)
per California Government Code Section 65852.2 (effective Jan. 1, 2023)
or JADU per California Government Code Section 65852.22 (effective Jan.
1, 2023) are binding on all present and future property owners.
Nov. 19, 2025 Item #1 25 of 60
c. For a JADU, the property owner must reside in either the primary
residence or the JADU. Sale of the JADU separate from the single-family
residence is prohibited; said prohibition is binding on all present owners
and future purchasers.
11. A Deed Restriction shall be recorded on the property signed by all property
owners or a designated agent authorized to bind the owners, for all JADUs in
one-family residential zones, which shall run with the land, declaring that:
a. The owners of the property are prohibited from selling the JADU separate
from the sale of the one-family residence.
b. California Government Code, Title 7, Division 1, Chapter 13, Article 3
restricts the size and attributes of the JADU to conform to that article.
c. This Deed Restriction may be enforced against any future purchasers.
12. An ADU may be sold separately from the primary dwelling only in limited
situations pursuant to California Government Code Sections 66340-66342.
Section 65852.26 (effective Jan. 1, 2023).
3. Chapter 21.45 “Planned Developments,” Section 21.45.090 Table F is proposed to be
amended as follows:
21.45.090 Residential additions and accessory uses.
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
10 feet to
posts
(2-foot
overhang
permitted)
5 feet to posts
(2-foot overhang
permitted)
Non-habitable detached accessory buildings/structures 20 feet 5 feet
Nov. 19, 2025 Item #1 26 of 60
(e.g., garages, workshops, decks over 30 inches in height)
(1), (2)
Habitable detached accessory buildings
(e.g. guest houses and accessory dwelling units) (2)(3)(4)(5)
Same setbacks as required for the
primary dwelling(3)
Habitable detached and attached ADUs & JADUs
Refer to Section 21.10.030 of this
Code for all applicable ADU & JADU
regulations
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) Must be architecturally compatible with the existing structure. incorporate the same
architectural features and color palette as the primary dwelling unit. be architecturally
compatible with the existing structure.
(3) Refer to the underlying zone’s setback requirements for the primary dwelling(s).
(4) Except as otherwise permitted for accessory dwelling units pursuant to Section
21.10.030.
(5) Refer to California Government Code Section 65852. 2 (effective Jan. 1, 2023) for
front yard setback requirements for 800 sq. ft. maximum ADUs with four -foot side
and rear yard setbacks and constructed in compliance with all other development
standards.
4. Chapter 21.48 “Nonconforming Lots, structures and units” Section 21.020(B) is
proposed to be amended as follows:
21.48.020 “Applicability”
[…] B. The provisions of this chapter do not apply:
[…]
(2) When an accessory dwelling unit or junior accessory dwelling unit is proposed on
a lot with an existing nonconforming residential structure that is nonconforming
with regard to geologic setback, public view encroachment, coastal access, or
habitat preserve buffers, and development of the proposed accessory dwelling
unit or junior accessory dwelling unit does not result in redevelopment of the
Nov. 19, 2025 Item #1 27 of 60
nonconforming residential structure. Pursuant to the California Government
Code Section 65852.2,Chapter on Accessory Dwelling Units (California
Government Code Section 66310 et seq.), the city shall not require, as a
condition for approval of an accessory dwelling unit or a junior accessory
dwelling unit, the correction of nonconforming zoning conditions, except where
the accessory dwelling unit or junior accessory dwelling unit is located in the
coastal zone and is attached to the nonconforming residential structure that is
nonconforming with regard to geologic setback, public view encroachment,
coastal access, or habitat preserve buffers, and will result in redevelopment of
the nonconforming structure. For purposes of this section, redevelopment shall
mean alterations to the residential structure resulting from construction of an
accessory dwelling unit or junior accessory dwelling unit that consist of: (a)
additions to an existing structure; or (b) exterior or interior renovations; or (c)
demolition or replacement of an existing principal structure, or portions thereof,
any of which results in replacement (including demolition, renovation or
alteration) of fifty percent or more of major structural components including
exterior walls, floor, roof structure or foundation, or a fifty percent increase in
gross floor area.
[…]
Nov. 19, 2025 Item #1 28 of 60
Exhibit 3
Proposed amendments to Title 6 “Health and Sanitation” and Title 20 “Subdivision” of the Carlsbad
Municipal Code (MCA 2025-0001 (PUB 2025-0009):
1.Chapter 6.15 “Prohibition of Smoking in multiunit residences” Section 6.15.020 “Definitions” is
proposed to be amended as follows:
[…]
"Multiunit residential development" means property containing three or more units,
including apartment buildings, common interest developments, senior and assisted
living facilities, and long-term health care facilities. Multiunit residential
developments do not include the following:
[…]
6. A single one-family home with an accessory dwelling unit and/or junior accessory
dwelling unit permitted pursuant to the California Government Code Sections
65852.1, 65852.2, or 65852.22 Chapter on Accessory Dwelling Units (California
Government Code Section 66310 et seq.), as amended from time to time, or
Section 21.10.030 of this code, except where the accessory dwelling unit or junior
accessory dwelling unit is used as a health care facility subject to licensing
requirements.
[…]
2.Chapter 20.04 “General Regulations” Section 20.04.040 “Application of Subdivision Map Act” is
proposed to be amended as follows:
[…]
B. This title shall be inapplicable to:
[…]
2. The construction, financing or leasing of dwelling units and accessory dwelling
units pursuant to the California Government Code Sections 65852.1 and
65852.2, respectively. Chapter on Accessory Dwelling Units (California
Government Code Section 66310 et seq.), as amended from time to time. This
title shall be applicable to the sale or transfer of those units.
[…]
Nov. 19, 2025 Item #1 29 of 60
Exhibit 4
Exhibit 4 for staff report 2025 Accessory Dwelling Unit Amendment, dated November 19, 2025:
California Government Code Section 66310 et. seq. “Accessory Dwelling Units”
(On file in the Office of the City Clerk)
Nov. 19, 2025 Item #1 30 of 60
Exhibit 5
Nov. 19, 2025 Item #1 31 of 60
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Nov. 19, 2025 Item #1 33 of 60
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Nov. 19, 2025 Item #1 38 of 60
PROJECT ANALYSIS Exhibit 6
(GENERAL PLAN, MUNICIPAL CODE, AND OTHER REGULATIONS)
PROJECT ANALYSIS
The 2025 Accessory Dwelling Unit Amendment is subject to the following regulations: Exhibit 6
A. State Regulations
B. General Plan
C. Municipal Code
D. Local Coastal Program
E. Growth Management Plan
F. McClellan-Palomar Airport Land Use Compatibility Plan
The recommendation for approval of the 2025 ADU Amendment was developed by analyzing the project’s
consistency with the applicable regulations and policies. The 2025 ADU Amendment project is in
compliance with each of the regulations listed above and as discussed in detail within the sections below.
A. State Regulations
California Senate Bill 477 (SB 477), 2024
Senate Bill 477 made changes to the numbering of the sections of Government Code for State ADU and
JADU Laws. The bill went into effect on March 25, 2024.
Amendment number 1 listed in Table 1 describes the proposed changes to implement SB 477.
California Senate Bill 1211 (SB 1211), 2025
Senate Bill 1211 made various changes to State ADU Law (Gov. Code, Sections 66313, 66314, 66323) with
regard to replacement parking and 66323 Units on lots with existing or proposed multifamily dwellings.
Amendments 2, 6 and 7 of Table 1 below describe the proposes changes to implement SB 1211.
California Assembly Bill 2533 (AB 2533), 2024
Assembly Bill 2533 made various changes to State ADU Law (Gov. Code, Section 66332) regarding
unpermitted ADUs, specifically that existing nonconforming ADUs or JADUs constructed before Jan. 1,
2020, shall be permitted, unless conformance is necessary to protect the health and safety of the public,
resident and/or occupant, or if the building is deemed substandard by the building official.
This state ADU law is not listed as one of the standards the city has limited authority to establish in its
zoning ordinance, therefore it is only included in the proposed ADU amendment by reference of Gov.
Code Section 66332. Amendment 1 of Table 1 below describes the proposed changes to incorporate
current government code number references, including GC Section 66332, as needed to implement AB
2533.
Additionally, the city’s ADU informational bulletin (IB-111, Exhibit 5) provides further guidance regarding
unpermitted ADUs.
Nov. 19, 2025 Item #1 39 of 60
PROJECT ANALYSIS
(GENERAL PLAN, MUNICIPAL CODE, AND OTHER REGULATIONS)
All other state ADU regulations
Changes to provide further clarification for compliance with the current California Government Code
Chapter on Accessory Dwelling Units (California Government Code Section 66310 et. seq.), in coordination
with city staff and California Housing and Community Development staff, were incorporated into this
amendment.
Amendments 3-5, and 8 of Table 1 below describe the proposed changes for compliance with state ADU
law. Amendments 1-2 and 6-7 address minor errors and/or clarifications to ensure the ADU ordinance is
effectively implemented (Exhibit 2).
Consistent with the California Government Code (“GC”) Section 65853, the Planning Commission may
recommend, and the City Council may adopt, Zoning Ordinance amendments. Such actions must occur at
noticed public hearings before both review bodies.
Table 1: Amendments to Existing ADU Ordinance Regulations
# Topic City's Existing
Regulations
New State ADU Law
(California Government
Code (GC) Section 66310
et. seq)
Staff Recommended Regulation
Updates for compliance with State
ADU Law
1 Govt. Code
Section
Numbers
The city’s regulations
currently reference
outdated GC Section
Numbers: GC Sections
65852.2 (effective Jan.
1, 2023) and 65852.22
(effective Jan. 1, 2023)
throughout the ADU
Ordinance and other
sections in the Carlsbad
Municipal Code (CMC).
State ADU/JADU
regulations are currently
provided under GC Sections
66310-66342.
GC 65852.2 and 65852.22
are no longer valid and
therefore cannot be
referenced.
Staff recommend updating all
references to California GC Sections
65852.2 and 65852.22 to the
current California GC Chapter on
ADUs (California GC Section 66310
et. seq.). This includes updating GC
references currently included in
Title 21 as well as in Title 6 and Title
20 (Exhibit 2 and 3) and removing
effective dates to ensure the most
current government code is applied
as required by state law.
2 Number
and
Location of
ADUs
ADUs are permitted
only in zones that allow
residential uses.
Refer to CMC Section
21.10.030(D)
GC states a local agency
may, by ordinance, provide
for the creation of ADUs
based on where residential
uses are allowed and the
adequacy of water and
sewer services.
Refer to GC Section 66314.
Staff recommend adding a new
location requirement as underlined
below:
3. The location of ADUs shall
provide access to adequate
water and sewer services
pursuant to the city’s current
engineering standards.
Nov. 19, 2025 Item #1 40 of 60
PROJECT ANALYSIS
(GENERAL PLAN, MUNICIPAL CODE, AND OTHER REGULATIONS)
# Topic City's Existing
Regulations
New State ADU Law
(California Government
Code (GC) Section 66310
et. seq)
Staff Recommended Regulation
Updates for compliance with State
ADU Law
3 Conflicting
Standards
The city states that
when not in conflict
with California GC and
the coastal resource
and public access
protection
requirements of the
certified local coastal
program, ADUs and
JADUs shall also comply
with applicable
development
requirements and
standards of CMC.
Refer to CMC Section
21.10.030(E)(2)
GC requires state ADU
regulations supersede any
conflicting local ordinance
regulations.
Refer to GC Section 66325.
Additionally, it states that
“Nothing in this article shall
be construed to supersede
or in any way alter or
lessen the effect or
application of the California
Coastal Act of 1976[…]”
Refer to GC Section 66329.
To clarify that state regulations and
local coastal program standards
supersede conflicting local
ordinance regulations, staff
recommend updating the CMC
standard as underlined below:
2. If there is a conflict with
applicable development
requirements and standards of
this Code (CMC) and with
California Government Code and
the coastal resource and public
access protection requirements
of the certified local coastal
program, the California
Government Code and coastal
resource and public access
protection requirements of the
certified local coastal program
shall prevail.
Nov. 19, 2025 Item #1 41 of 60
PROJECT ANALYSIS
(GENERAL PLAN, MUNICIPAL CODE, AND OTHER REGULATIONS)
# Topic City's Existing
Regulations
New State ADU Law
(California Government
Code (GC) Section 66310
et. seq)
Staff Recommended Regulation
Updates for compliance with State
ADU Law
4 Maximum
Size of
ADUs
The city refers to GC for
the maximum size
requirements of an
ADU, however specifies
the following:
a. Attached ADUs —
50% of the total floor
area of the main
dwelling or 1,200
square feet, whichever
is less, but not less than
800 square feet;
b. Detached ADUs —
1,200 square feet.
Refer to CMC Section
21.10.030(E)(3)
The maximum size for an
attached ADU remains the
same as the city’s existing
regulations; however,
additional clarification
must be made to
distinguish between a
conversion ADU and an
attached ADU that includes
construction of new square
footage.
Refer to GC Section 66321.
Detached ADUs have a
maximum 1,200 sq. ft. for
one-family lots; however,
this maximum square
footage does not apply to
detached ADUs on a
multifamily dwelling lot.
Refer to GC Section 66323.
Staff recommend adding the
clarifying language for maximum
sizes of ADUs as underlined below:
a. Attached ADUs – 50% of the total
floor area of the main dwelling or
1,200 square feet, whichever is
less, but not less than 800 square
feet. This limit applies to
attached ADUs that include
construction of new square
footage.
b. Conversion ADUs – Must be
contained entirely within an
existing or proposed main
dwelling or accessory structure
that is subject to the underlying
zone’s lot coverage
requirements.
c. Detached ADUs – 1,200 square
feet. This limit applies to one-
family dwelling lots. Maximum
size of ADUs on two-family and
multiple-family dwelling lots is
regulated by California
Government Code Section 66323.
Nov. 19, 2025 Item #1 42 of 60
PROJECT ANALYSIS
(GENERAL PLAN, MUNICIPAL CODE, AND OTHER REGULATIONS)
# Topic City's Existing
Regulations
New State ADU Law
(California Government
Code (GC) Section 66310
et. seq)
Staff Recommended Regulation
Updates for compliance with State
ADU Law
5 Height
Require-
ments
The city refers to GC for
all ADU height
requirement
compliance, however,
specifies the following
height requirements
below:
• Detached ADUs must
have a max. height of
16 feet and one story.
• Detached ADUs that
are within one-half
mile walking distance
of a major transit
stop may have a max.
height of 18 ft.
• The CMC is silent on
specific height
requirements for
JADUs.
Refer to CMC Section
21.10.030(E)(4)
The GC allows cities to limit
ADUs maximum height
based on feet (but not
stories) so long as the ADU
complies with the California
Building Standards Code
(CBSC).
Refer to GC Section 66315
and GC Section 66321.
Detached ADUs that is
within one-half mile
walking distance of a major
transit stop or a high-
quality transit corridor shall
be allowed a height up to
18 feet.
Refer to GC Section
66321(b)(4)(B).
JADUs contained within a
one-family dwelling unit is
subject to the height
requirements of the one-
family dwelling unit’s
underlying zone so long as
it meets the maximum 500
sq. ft. requirement.
Refer to GC Sections 66313
and 66333.
Staff recommend updating the
following height requirements
consistent with state law as provided
in underlined/strikethrough format
below:
a. A detached ADU on a lot with an
existing or proposed one-family,
two-family or multiple-family
dwelling unit shall be allowed a
height up to 16 feet and one story.
b. A detached ADU on a lot with an
existing or proposed one-family,
two-family, or multiple-family
dwelling unit that is within one-
half mile walking distance of a
major transit stop (e.g. Carlsbad
Village Station or Poinsettia
Station) or a high-quality transit
corridor as defined in California
Public Resources Code Section
21155, shall be allowed a height
up to 18 feet […]
f. A JADU is contained within a one-
family dwelling unit and subject to
the height requirements of the
one-family dwelling unit’s
underlying zone.
Nov. 19, 2025 Item #1 43 of 60
PROJECT ANALYSIS
(GENERAL PLAN, MUNICIPAL CODE, AND OTHER REGULATIONS)
6 Architect-
ural
Review
The city’s ADU
Ordinance includes the
following architecture
requirement:
7. On lots with one-
family dwelling(s), the
exterior roofing, trim,
walls, windows and the
color palette of the ADU
or JADU shall
incorporate the same
features as the primary
dwelling unit.
8. On lots with two-
family or multiple-family
dwellings, the exterior
roofing, trim, walls,
windows and the color
palette of the ADU
addition shall
incorporate the same
features as the existing
building that the ADU
would be provided
within. For detached
ADUs, it shall be
reflective of the nearest
building as measured
from the wall of the
existing building to the
nearest wall of the
proposed unit.
Refer to CMC Section
21.10.030(E)(7)-(8)
The GC does not allow the
application of ODS for
ADUs listed under GC
Section 66323 (By-Right
ADUs).
Refer to GC Section
66323(b).
Additionally, application of
ODS for multifamily
dwellings shall not preclude
an ADU from complying
with the CBSC regarding
required emergency escape
and rescue openings.
Refer to CBSC Section R310.
Staff recommend updating the ODS
standards as provided in
underlined/strikethrough format
below:
1. Except for qualifying ADUs and
JADUs as defined by California
Government Code Section 66323,
On lots with one-family
dwelling(s), the exterior roofing,
trim, walls, windows and the
color palette of the ADU or JADU
on lots with one-family
dwelling(s) shall incorporate the
same features as the primary
dwelling unit. In no case shall the
features of the roofing, trim,
walls or windows preclude the
ADU or JADU from complying
with the California Building Code.
2. On lots with two-family or
multiple-family dwellings, the
exterior roofing, trim, walls,
windows and the color palette of
the ADU addition shall
incorporate the same features as
the existing building that the ADU
would be provided within. For
detached ADUs, the addition it
shall be reflective of the nearest
building as measured from the
wall of the existing building to the
nearest wall of the proposed unit,
unless the ADU is compliant with
California Government Code
Section 66323. In no case shall
the features of the roofing, trim,
walls or windows preclude the
ADU from complying with the
California Building Code.
7 Parking City ADU regulations
state “When a garage,
State ADU Law has added
“uncovered parking” as not
having to be replaced due
Staff recommend updating the
following parking standard provided
Nov. 19, 2025 Item #1 44 of 60
PROJECT ANALYSIS
(GENERAL PLAN, MUNICIPAL CODE, AND OTHER REGULATIONS)
# Topic City's Existing
Regulations
New State ADU Law
(California Government
Code (GC) Section 66310
et. seq)
Staff Recommended Regulation
Updates for compliance with State
ADU Law
carport, or covered
parking structure, or
uncovered parking space
is demolished in
conjunction with the
construction of an ADU
or converted to an ADU,
the loss of parking for
the primary dwelling
does not need to be
replaced […]”
Refer to CMC Section
21.10.030(E)(9)(c)
to the construction of a
new or conversion ADU.
Additionally, this standard
applies not just for parking
for primarily dwelling units,
it can apply to parking for
commercial/residential
uses for mixed-use projects
with proposed ADUs.
Refer to GC Section
66314(d)(11).
in underlined/strikethrough format
below:
a. When a garage, carport, covered
parking structure, or uncovered
parking space is demolished in
conjunction with the construction
of an ADU or converted to an ADU,
the loss of parking for the primary
dwelling does not need to be
replaced, except on lots located
west of the rail corridor and on
lots located east of the rail
corridor and west of Interstate 5
between Avenida Encinas to the
north and Batiquitos Lagoon to the
south. When required, In which
case, the loss of parking for the
primary dwelling shall be replaced
subject to the parking
requirements in Chapter 21.44
(Parking), except as follows: […]
Nov. 19, 2025 Item #1 45 of 60
PROJECT ANALYSIS
(GENERAL PLAN, MUNICIPAL CODE, AND OTHER REGULATIONS)
# Topic City's Existing
Regulations
New State ADU Law
(California Government
Code (GC) Section 66310
et. seq)
Staff Recommended Regulation
Updates for compliance with State
ADU Law
8 Notice of
Restrict-
ion and
Deed
Restrict-
ion
The city currently
requires a Notice of
Restriction to be
recorded for all ADUs
and JADUs.
Refer to CMC Section
21.10.030(E)(11)
Pursuant to state ADU Law,
additional standards for
ADUs (i.e. standards not
permitted by GC Section
66314, including the
requirement for a Notice of
Restriction for a regular
ADU (not including ADUs
used for inclusionary
housing purposes) is
prohibited.
Refer to GC Sections 66314
and 66315.
Additionally, JADUs are
required to have a
recorded deed restriction
that shall run with the land
with the permitting agency
and shall include both of
the following:
1. A prohibition of the
sale of the JADU
separate from the
sale of the single-
family residence,
including a
statement that the
deed restriction
may be enforced
against future
purchasers.
2. A restriction on the
size and attributes
of the JADU that
conforms with
state law.
Refer to GC Section
66333(c).
Staff recommends replacing the
notice of restriction requirement for
all ADUs with the required deed
restriction requirement for JADUs
pursuant to state ADU Law as
underlined below:
11. A Deed Restriction shall be
recorded on the property
signed by all property owners
or a designated agent
authorized to bind the
owners, for all JADUs in one-
family residential zones,
which shall run with the land,
declaring that:
a. The owners of the property
are prohibited from selling
the JADU separate from the
sale of the one-family
residence.
b. California Government Code,
Title 7, Division 1, Chapter 13,
Article 3 restricts the size and
attributes of the JADU to
conform to that article.
c. This Deed Restriction may be
enforced against any future
purchasers.
Nov. 19, 2025 Item #1 46 of 60
PROJECT ANALYSIS
(GENERAL PLAN, MUNICIPAL CODE, AND OTHER REGULATIONS)
B. General Plan Consistency
The proposed 2025 ADU Amendment project is consistent with the General Plan as described in the table
below:
TABLE A – GENERAL PLAN COMPLIANCE
ELEMENT USE, CLASSIFICATION, GOAL,
OBJECTIVE, OR PROGRAM
PROPOSED USES &
IMPROVEMENTS COMPLY
Land Use &
Community
Design
Goal 2-G.3 – Promote infill
development that makes efficient
use of limited land supply, while
ensuring compatibility and
integration with existing uses.
Ensure that infill properties develop
with uses and development
intensities supporting a cohesive
development pattern.
The project will assist in promoting
infill development that makes
efficient use of limited land supply
by encouraging the development of
ADUs and JADUs on existing or
proposed residential property.
Yes
Land Use &
Community
Design
Goal 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.
The project will assist in providing
neighborhoods with ADUs in single-
family, two-family and multiple-
family residential neighborhoods,
thereby increasing the variety of
housing types and density ranges in
these neighborhoods.
Yes
Land Use &
Community
Design
Policy 2-P.6 - Encourage the
provision of lower and moderate-
income housing to meet the
objectives of the Housing Element.
The project proposes to update the
city’s ADU ordinance consistent
with current state ADU law
provisions thereby encouraging
lower and moderate-income ADU
development.
Yes
Housing Program 1.2 a. – Respond, in a
timely manner, to update the
Carlsbad Zoning Ordinance /
Municipal Code to integrate
changes in State housing
law.
The project is responding, in a
timely manner, to update the
Carlsbad Zoning
Ordinance/Municipal Code to
integrate changes in state ADU law.
Yes
Housing Program 3.15 – Alternative Housing The city will continue to implement
its Accessory Dwelling Unit
Ordinance and support alternative
types of housing.
Yes
Nov. 19, 2025 Item #1 47 of 60
PROJECT ANALYSIS
(GENERAL PLAN, MUNICIPAL CODE, AND OTHER REGULATIONS)
C. Municipal Code
The 2025 ADU Amendment project proposes both amendments to the city’s Zoning Ordinance (Title 21)
and CMC Titles 6 and 20. For the portion of the amendments to the city’s Zoning Ordinance contained
within Title 21, the proposed amendments are consistent with the other provisions of the Zone Code
that are not being amended.
D. Conformance with Local Coastal Program
Local Coastal Program Amendment LCPA 2025-0023 is required for consistency with Zone Code
Amendment ZCA 2025-0001. The proposed Local Coastal Program amendment meets the requirements
of, and is in conformity with, with the policies of Chapter 3 of the Coastal Act and all applicable policies of
the Carlsbad Local Coastal Program not being amended by this amendment. The state-mandated six-week
review period for the LCPA began Oct. 24, 2025, and will end Dec. 5, 2025; any comments received in
response to the LCPA notice will be reported to City Council. The proposed amendments do not conflict
with any regulation, land use designations or policies, with which development must comply. However,
Coastal Commission has previously requested that the city include effective dates to all government code
references. As previously discussed, the effective dates were removed to ensure current state law is
applied as required by state mandates. Coastal Commission has agreed to have further discussions with
city staff and HCD regarding their previous request once the adopted LCPA is sent to Coastal Commission
for review.
E. Growth Management (CMC Chapter 21.90)
The 2025 ADU Amendment project poses no impact to public facilities because the project is not
proposing any construction, change in land use or use intensity, amendments to Chapter 21.90, “Growth
Management” or any changes to the provisions of the Growth Management Program, such as the
performance standards.
F. McClellan-Palomar Airport Land Use Compatibility Plan
The proposed amendments affect land within the Airport Influence Area, which covers a large portion of
Carlsbad and includes residential properties; however, the amendment is consistent with the adopted
McClellan-Palomar Airport Land Use Compatibility Plan in that it does not propose any land use or
development standard changes that affect compatibility with the plan's safety, noise, airspace protection
and overflight criteria. The Airport Land Use Commission reviewed the amendment and found it to be
consistent with the Airport Land Use Compatibility Plan on November 6, 2025.
Nov. 19, 2025 Item #1 48 of 60
PROJECT ANALYSIS EXHIBIT 6
(GENERAL PLAN, MUNICIPAL CODE, AND OTHER REGULATIONS)
PROJECT ANALYSIS
The 2025 Accessory Dwelling Unit Amendment is subject to the following regulations:
A. State Regulations
B. General Plan
C. Municipal Code
D. Local Coastal Program
E. Growth Management Plan
F. McClellan-Palomar Airport Land Use Compatibility Plan
The recommendation for approval of the 2025 ADU Amendment was developed by analyzing the project’s
consistency with the applicable regulations and policies. The 2025 ADU Amendment project is in
compliance with each of the regulations listed above and as discussed in detail within the sections below.
A. State Regulations
California Senate Bill 477 (SB 477), 2024
Senate Bill 477 made changes to the numbering of the sections of Government Code for State ADU and
JADU Laws. The bill went into effect on March 25, 2024.
Amendment number 1 listed in Table 1 describes the proposed changes to implement SB 477.
California Senate Bill 1211 (SB 1211), 2025
Senate Bill 1211 made various changes to State ADU Law (Gov. Code, Sections 66313, 66314, 66323) with
regard to replacement parking and 66323 Units on lots with existing or proposed multifamily dwellings.
Amendments 2, 6 and 7 of Table 1 below describe the proposes changes to implement SB 1211.
California Assembly Bill 2533 (AB 2533), 2024
Assembly Bill 2533 made various changes to State ADU Law (Gov. Code, Section 66332) regarding
unpermitted ADUs, specifically that existing nonconforming ADUs or JADUs constructed before Jan. 1,
2020, shall be permitted, unless conformance is necessary to protect the health and safety of the public,
resident and/or occupant, or if the building is deemed substandard by the building official.
This state ADU law is not listed as one of the standards the city has limited authority to establish in its
zoning ordinance, therefore it is only included in the proposed ADU amendment by reference of Gov.
Code Section 66332. Amendment 1 of Table 1 below describes the proposed changes to incorporate
current government code number references, including GC Section 66332, as needed to implement AB
2533.
Additionally, the city’s ADU informational bulletin (IB-111, Exhibit 5) provides further guidance regarding
unpermitted ADUs.
Nov. 19, 2025 Item #1 49 of 60
PROJECT ANALYSIS
(GENERAL PLAN, MUNICIPAL CODE, AND OTHER REGULATIONS)
All other state ADU regulations
Changes to provide further clarification for compliance with the current California Government Code
Chapter on Accessory Dwelling Units (California Government Code Section 66310 et. seq.), in coordination
with city staff and California Housing and Community Development staff, were incorporated into this
amendment.
Amendments 3-5, and 8 of Table 1 below describe the proposed changes for compliance with state ADU
law. Amendments 1-2 and 6-7 address minor errors and/or clarifications to ensure the ADU ordinance is
effectively implemented (Exhibit 2).
Consistent with the California Government Code (“GC”) Section 65853, the Planning Commission may
recommend, and the City Council may adopt, Zoning Ordinance amendments. Such actions must occur at
noticed public hearings before both review bodies.
Table 1: Amendments to Existing ADU Ordinance Regulations
# Topic City's Existing
Regulations
New State ADU Law
(California Government
Code (GC) Section 66310
et. seq)
Staff Recommended Regulation
Updates for compliance with State
ADU Law
1 Govt. Code
Section
Numbers
The city’s regulations
currently reference
outdated GC Section
Numbers: GC Sections
65852.2 (effective Jan.
1, 2023) and 65852.22
(effective Jan. 1, 2023)
throughout the ADU
Ordinance and other
sections in the Carlsbad
Municipal Code (CMC).
State ADU/JADU
regulations are currently
provided under GC Sections
66310-66342.
GC 65852.2 and 65852.22
are no longer valid and
therefore cannot be
referenced.
Staff recommend updating all
references to California GC Sections
65852.2 and 65852.22 to the
current California GC Chapter on
ADUs (California GC Section 66310
et. seq.). This includes updating GC
references currently included in
Title 21 as well as in Title 6 and Title
20 (Exhibit 2 and 3) and removing
effective dates to ensure the most
current government code is applied
as required by state law.
2 Number
and
Location of
ADUs
ADUs are permitted
only in zones that allow
residential uses.
Refer to CMC Section
21.10.030(D)
GC states a local agency
may, by ordinance, provide
for the creation of ADUs
based on where residential
uses are allowed and the
adequacy of water and
sewer services.
Refer to GC Section 66314.
Staff recommend adding a new
location requirement as underlined
below:
3. The location of ADUs shall
provide access to adequate
water and sewer services
pursuant to the city’s current
engineering standards.
Nov. 19, 2025 Item #1 50 of 60
PROJECT ANALYSIS
(GENERAL PLAN, MUNICIPAL CODE, AND OTHER REGULATIONS)
# Topic City's Existing
Regulations
New State ADU Law
(California Government
Code (GC) Section 66310
et. seq)
Staff Recommended Regulation
Updates for compliance with State
ADU Law
3 Conflicting
Standards
The city states that
when not in conflict
with California GC and
the coastal resource
and public access
protection
requirements of the
certified local coastal
program, ADUs and
JADUs shall also comply
with applicable
development
requirements and
standards of CMC.
Refer to CMC Section
21.10.030(E)(2)
GC requires state ADU
regulations supersede any
conflicting local ordinance
regulations.
Refer to GC Section 66325.
Additionally, it states that
“Nothing in this article shall
be construed to supersede
or in any way alter or
lessen the effect or
application of the California
Coastal Act of 1976[…]”
Refer to GC Section 66329.
To clarify that state regulations and
local coastal program standards
supersede conflicting local
ordinance regulations, staff
recommend updating the CMC
standard as underlined below:
2. If there is a conflict with
applicable development
requirements and standards of
this Code (CMC) and with
California Government Code and
the coastal resource and public
access protection requirements
of the certified local coastal
program, the California
Government Code and coastal
resource and public access
protection requirements of the
certified local coastal program
shall prevail.
Nov. 19, 2025 Item #1 51 of 60
PROJECT ANALYSIS
(GENERAL PLAN, MUNICIPAL CODE, AND OTHER REGULATIONS)
# Topic City's Existing
Regulations
New State ADU Law
(California Government
Code (GC) Section 66310
et. seq)
Staff Recommended Regulation
Updates for compliance with State
ADU Law
4 Maximum
Size of
ADUs
The city refers to GC for
the maximum size
requirements of an
ADU, however specifies
the following:
a. Attached ADUs —
50% of the total floor
area of the main
dwelling or 1,200
square feet, whichever
is less, but not less than
800 square feet;
b. Detached ADUs —
1,200 square feet.
Refer to CMC Section
21.10.030(E)(3)
The maximum size for an
attached ADU remains the
same as the city’s existing
regulations; however,
additional clarification
must be made to
distinguish between a
conversion ADU and an
attached ADU that includes
construction of new square
footage.
Refer to GC Section 66321.
Detached ADUs have a
maximum 1,200 sq. ft. for
one-family lots; however,
this maximum square
footage does not apply to
detached ADUs on a
multifamily dwelling lot.
Refer to GC Section 66323.
Staff recommend adding the
clarifying language for maximum
sizes of ADUs as underlined below:
a. Attached ADUs – 50% of the total
floor area of the main dwelling or
1,200 square feet, whichever is
less, but not less than 800 square
feet. This limit applies to
attached ADUs that include
construction of new square
footage.
b. Conversion ADUs – Must be
contained entirely within an
existing or proposed main
dwelling or accessory structure
that is subject to the underlying
zone’s lot coverage
requirements.
c. Detached ADUs – 1,200 square
feet. This limit applies to one-
family dwelling lots. Maximum
size of ADUs on two-family and
multiple-family dwelling lots is
regulated by California
Government Code Section 66323.
Nov. 19, 2025 Item #1 52 of 60
PROJECT ANALYSIS
(GENERAL PLAN, MUNICIPAL CODE, AND OTHER REGULATIONS)
# Topic City's Existing
Regulations
New State ADU Law
(California Government
Code (GC) Section 66310
et. seq)
Staff Recommended Regulation
Updates for compliance with State
ADU Law
5 Height
Require-
ments
The city refers to GC for
all ADU height
requirement
compliance, however,
specifies the following
height requirements
below:
• Detached ADUs must
have a max. height of
16 feet and one story.
• Detached ADUs that
are within one-half
mile walking distance
of a major transit
stop may have a max.
height of 18 ft.
• The CMC is silent on
specific height
requirements for
JADUs.
Refer to CMC Section
21.10.030(E)(4)
The GC allows cities to limit
ADUs maximum height
based on feet (but not
stories) so long as the ADU
complies with the California
Building Standards Code
(CBSC).
Refer to GC Section 66315
and GC Section 66321.
Detached ADUs that is
within one-half mile
walking distance of a major
transit stop or a high-
quality transit corridor shall
be allowed a height up to
18 feet.
Refer to GC Section
66321(b)(4)(B).
JADUs contained within a
one-family dwelling unit is
subject to the height
requirements of the one-
family dwelling unit’s
underlying zone so long as
it meets the maximum 500
sq. ft. requirement.
Refer to GC Sections 66313
and 66333.
Staff recommend updating the
following height requirements
consistent with state law as provided
in underlined/strikethrough format
below:
a. A detached ADU on a lot with an
existing or proposed one-family,
two-family or multiple-family
dwelling unit shall be allowed a
height up to 16 feet and one story.
b. A detached ADU on a lot with an
existing or proposed one-family,
two-family, or multiple-family
dwelling unit that is within one-
half mile walking distance of a
major transit stop (e.g. Carlsbad
Village Station or Poinsettia
Station) or a high-quality transit
corridor as defined in California
Public Resources Code Section
21155, shall be allowed a height
up to 18 feet […]
f. A JADU is contained within a one-
family dwelling unit and subject to
the height requirements of the
one-family dwelling unit’s
underlying zone.
Nov. 19, 2025 Item #1 53 of 60
PROJECT ANALYSIS
(GENERAL PLAN, MUNICIPAL CODE, AND OTHER REGULATIONS)
6 Architect-
ural
Review
The city’s ADU
Ordinance includes the
following architecture
requirement:
7. On lots with one-
family dwelling(s), the
exterior roofing, trim,
walls, windows and the
color palette of the ADU
or JADU shall
incorporate the same
features as the primary
dwelling unit.
8. On lots with two-
family or multiple-family
dwellings, the exterior
roofing, trim, walls,
windows and the color
palette of the ADU
addition shall
incorporate the same
features as the existing
building that the ADU
would be provided
within. For detached
ADUs, it shall be
reflective of the nearest
building as measured
from the wall of the
existing building to the
nearest wall of the
proposed unit.
Refer to CMC Section
21.10.030(E)(7)-(8)
The GC does not allow the
application of ODS for
ADUs listed under GC
Section 66323 (By-Right
ADUs).
Refer to GC Section
66323(b).
Additionally, application of
ODS for multifamily
dwellings shall not preclude
an ADU from complying
with the CBSC regarding
required emergency escape
and rescue openings.
Refer to CBSC Section R310.
Staff recommend updating the ODS
standards as provided in
underlined/strikethrough format
below:
1. Except for qualifying ADUs and
JADUs as defined by California
Government Code Section 66323,
On lots with one-family
dwelling(s), the exterior roofing,
trim, walls, windows and the
color palette of the ADU or JADU
on lots with one-family
dwelling(s) shall incorporate the
same features as the primary
dwelling unit. In no case shall the
features of the roofing, trim,
walls or windows preclude the
ADU or JADU from complying
with the California Building Code.
2. On lots with two-family or
multiple-family dwellings, the
exterior roofing, trim, walls,
windows and the color palette of
the ADU addition shall
incorporate the same features as
the existing building that the ADU
would be provided within. For
detached ADUs, the addition it
shall be reflective of the nearest
building as measured from the
wall of the existing building to the
nearest wall of the proposed unit,
unless the ADU is compliant with
California Government Code
Section 66323. In no case shall
the features of the roofing, trim,
walls or windows preclude the
ADU from complying with the
California Building Code.
7 Parking City ADU regulations
state “When a garage,
State ADU Law has added
“uncovered parking” as not
having to be replaced due
Staff recommend updating the
following parking standard provided
Nov. 19, 2025 Item #1 54 of 60
PROJECT ANALYSIS
(GENERAL PLAN, MUNICIPAL CODE, AND OTHER REGULATIONS)
# Topic City's Existing
Regulations
New State ADU Law
(California Government
Code (GC) Section 66310
et. seq)
Staff Recommended Regulation
Updates for compliance with State
ADU Law
carport, or covered
parking structure, or
uncovered parking space
is demolished in
conjunction with the
construction of an ADU
or converted to an ADU,
the loss of parking for
the primary dwelling
does not need to be
replaced […]”
Refer to CMC Section
21.10.030(E)(9)(c)
to the construction of a
new or conversion ADU.
Additionally, this standard
applies not just for parking
for primarily dwelling units,
it can apply to parking for
commercial/residential
uses for mixed-use projects
with proposed ADUs.
Refer to GC Section
66314(d)(11).
in underlined/strikethrough format
below:
a. When a garage, carport, covered
parking structure, or uncovered
parking space is demolished in
conjunction with the construction
of an ADU or converted to an ADU,
the loss of parking for the primary
dwelling does not need to be
replaced, except on lots located
west of the rail corridor and on
lots located east of the rail
corridor and west of Interstate 5
between Avenida Encinas to the
north and Batiquitos Lagoon to the
south. When required, In which
case, the loss of parking for the
primary dwelling shall be replaced
subject to the parking
requirements in Chapter 21.44
(Parking), except as follows: […]
Nov. 19, 2025 Item #1 55 of 60
PROJECT ANALYSIS
(GENERAL PLAN, MUNICIPAL CODE, AND OTHER REGULATIONS)
# Topic City's Existing
Regulations
New State ADU Law
(California Government
Code (GC) Section 66310
et. seq)
Staff Recommended Regulation
Updates for compliance with State
ADU Law
8 Notice of
Restrict-
ion and
Deed
Restrict-
ion
The city currently
requires a Notice of
Restriction to be
recorded for all ADUs
and JADUs.
Refer to CMC Section
21.10.030(E)(11)
Pursuant to state ADU Law,
additional standards for
ADUs (i.e. standards not
permitted by GC Section
66314, including the
requirement for a Notice of
Restriction for a regular
ADU (not including ADUs
used for inclusionary
housing purposes) is
prohibited.
Refer to GC Sections 66314
and 66315.
Additionally, JADUs are
required to have a
recorded deed restriction
that shall run with the land
with the permitting agency
and shall include both of
the following:
1. A prohibition of the
sale of the JADU
separate from the
sale of the single-
family residence,
including a
statement that the
deed restriction
may be enforced
against future
purchasers.
2. A restriction on the
size and attributes
of the JADU that
conforms with
state law.
Refer to GC Section
66333(c).
Staff recommends replacing the
notice of restriction requirement for
all ADUs with the required deed
restriction requirement for JADUs
pursuant to state ADU Law as
underlined below:
11. A Deed Restriction shall be
recorded on the property
signed by all property owners
or a designated agent
authorized to bind the
owners, for all JADUs in one-
family residential zones,
which shall run with the land,
declaring that:
a. The owners of the property
are prohibited from selling
the JADU separate from the
sale of the one-family
residence.
b. California Government Code,
Title 7, Division 1, Chapter 13,
Article 3 restricts the size and
attributes of the JADU to
conform to that article.
c. This Deed Restriction may be
enforced against any future
purchasers.
Nov. 19, 2025 Item #1 56 of 60
PROJECT ANALYSIS
(GENERAL PLAN, MUNICIPAL CODE, AND OTHER REGULATIONS)
B. General Plan Consistency
The proposed 2025 ADU Amendment project is consistent with the General Plan as described in the table
below:
TABLE A – GENERAL PLAN COMPLIANCE
ELEMENT USE, CLASSIFICATION, GOAL,
OBJECTIVE, OR PROGRAM
PROPOSED USES &
IMPROVEMENTS COMPLY
Land Use &
Community
Design
Goal 2-G.3 – Promote infill
development that makes efficient
use of limited land supply, while
ensuring compatibility and
integration with existing uses.
Ensure that infill properties develop
with uses and development
intensities supporting a cohesive
development pattern.
The project will assist in promoting
infill development that makes
efficient use of limited land supply
by encouraging the development of
ADUs and JADUs on existing or
proposed residential property.
Yes
Land Use &
Community
Design
Goal 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.
The project will assist in providing
neighborhoods with ADUs in single-
family, two-family and multiple-
family residential neighborhoods,
thereby increasing the variety of
housing types and density ranges in
these neighborhoods.
Yes
Land Use &
Community
Design
Policy 2-P.6 - Encourage the
provision of lower and moderate-
income housing to meet the
objectives of the Housing Element.
The project proposes to update the
city’s ADU ordinance consistent
with current state ADU law
provisions thereby encouraging
lower and moderate-income ADU
development.
Yes
Housing Program 1.2 a. – Respond, in a
timely manner, to update the
Carlsbad Zoning Ordinance /
Municipal Code to integrate
changes in State housing
law.
The project is responding, in a
timely manner, to update the
Carlsbad Zoning
Ordinance/Municipal Code to
integrate changes in state ADU law.
Yes
Housing Program 3.15 – Alternative Housing The city will continue to implement
its Accessory Dwelling Unit
Ordinance and support alternative
types of housing.
Yes
Nov. 19, 2025 Item #1 57 of 60
PROJECT ANALYSIS
(GENERAL PLAN, MUNICIPAL CODE, AND OTHER REGULATIONS)
C. Municipal Code
The 2025 ADU Amendment project proposes both amendments to the city’s Zoning Ordinance (Title 21)
and CMC Titles 6 and 20. For the portion of the amendments to the city’s Zoning Ordinance contained
within Title 21, the proposed amendments are consistent with the other provisions of the Zone Code
that are not being amended.
D. Conformance with Local Coastal Program
Local Coastal Program Amendment LCPA 2025-0023 is required for consistency with Zone Code
Amendment ZCA 2025-0001. The proposed Local Coastal Program amendment meets the requirements
of, and is in conformity with, with the policies of Chapter 3 of the Coastal Act and all applicable policies of
the Carlsbad Local Coastal Program not being amended by this amendment. The state-mandated six-week
review period for the LCPA began Oct. 24, 2025, and will end Dec. 5, 2025; any comments received in
response to the LCPA notice will be reported to City Council. The proposed amendments do not conflict
with any regulation, land use designations or policies, with which development must comply. However,
Coastal Commission has previously requested that the city include effective dates to all government code
references. As previously discussed, the effective dates were removed to ensure current state law is
applied as required by state mandates. Coastal Commission has agreed to have further discussions with
city staff and HCD regarding their previous request once the adopted LCPA is sent to Coastal Commission
for review.
E. Growth Management (CMC Chapter 21.90)
The 2025 ADU Amendment project poses no impact to public facilities because the project is not
proposing any construction, change in land use or use intensity, amendments to Chapter 21.90, “Growth
Management” or any changes to the provisions of the Growth Management Program, such as the
performance standards.
F. McClellan-Palomar Airport Land Use Compatibility Plan
The proposed amendments affect land within the Airport Influence Area, which covers a large portion of
Carlsbad and includes residential properties; however, the amendment is consistent with the adopted
McClellan-Palomar Airport Land Use Compatibility Plan in that it does not propose any land use or
development standard changes that affect compatibility with the plan's safety, noise, airspace protection
and overflight criteria. The Airport Land Use Commission reviewed the amendment and found it to be
consistent with the Airport Land Use Compatibility Plan on November 6, 2025.
Nov. 19, 2025 Item #1 58 of 60
Exhibit 7
NOTICE OF EXEMPTION
To: Assessor/Recorder/County Clerk From: CITY OF CARLSBAD
Attn: Fish and Wildlife Notices Planning Division
1600 Pacific Highway, Suite 260 1635 Faraday Avenue
San Diego CA 92101 Carlsbad, CA 92008
MS: A-33 (442) 339-2600
Subject: Filing of this Notice of Exemption is in compliance with Section 21152b of the Public Resources
Code (California Environmental Quality Act).
Project Number and Title: LCPA 2025-0023 / ZCA 2025-0001/ MCA 2025-0002 (PUB 2025-0009)
2025 ACCESSORY DWELLING UNIT AMENDMENT
Project Location - Specific: Citywide
Project Location - City: Carlsbad Project Location - County: San Diego
Description of Project: An amendment to the Local Coastal Program/Zoning Ordinance (Carlsbad
Municipal Code Title 21) and to the Carlsbad Municipal Code Title 6 and Title 20, to ensure consistency
with state law related to accessory dwelling units (ADU) and junior accessory dwelling units (JADU). The
2025 Accessory Dwelling Unit Amendment implements the city’s Housing Element Program 1.2 a. to
promote the development of ADUs. The Zoning Ordinance and Local Coastal Program Amendments
consist of updating the city's ADU regulations to reflect recent state law changes to California Government
Code Chapter on Accessory Dwelling Units (California Government Code Section 66310 et seq.). The
Zoning Ordinance is the city’s Local Coastal Program’s implementing ordinance; therefore, an amendment
to the Zoning Ordinance is an amendment to the Local Coastal Program. CMC changes to Titles 6 and 20
are also proposed to update government code references and therefore require a Municipal Code
Amendment. The citywide amendments do not change allowable uses or intensities.
Name of Public Agency Approving Project: City of Carlsbad
Name of Person or Agency Carrying Out Project: City of Carlsbad Community Development Department
Name of Applicant: N/A
Applicant’s Address: N/A
Applicant’s Telephone Number: N/A
Name of Applicant/Identity of person undertaking the project (if different from the applicant above):
N/A
Exempt Status: (Check One)
Ministerial (Section 21080(b)(1); 15268));
Declared Emergency (Section 21080(b)(3); 15269(a));
Emergency Project (Section 21080(b)(4); 15269 (b)(c));
Categorical Exemption - State type and section number:
Nov. 19, 2025 Item #1 59 of 60
Statutory Exemptions - State code number: Section 15282(h)
Common Sense Exemption (Section 15061(b)(3); 15378(b)(5))
Reasons why project is exempt: The city has determined that the amendments are exempt from the
California Environmental Quality Act under the common sense exemption, Sections 15061(b)(3) and
15378(b)(5) of the CEQA Guidelines, since there would be no possibility of a significant effect on the
environment; and under Section 15282(h) of the CEQA Guidelines, which exempts from CEQA the
adoption of an ordinance regarding accessory dwelling units in a single-family, two-family or multiple-
family dwelling residential zone to implement California Government Code Chapter on Accessory Dwelling
Units (California Government Code Section 66310 et seq.), formerly California Government Code Sections
65852.1 and 65852.2.
Lead Agency Contact Person: Shelley Glennon Telephone: 442-339-2605
ERIC LARDY, City Planner Date
Date received for filing at OPR:__________
Nov. 19, 2025 Item #1 60 of 60
Nov 19, 2025
City of Carlsbad
30111 Crown Valley Parkway
Laguna Niguel, California 92677
By Email: planning@carlsbadca.gov
CC: manager@carlsbadca.gov; cindie.mcmahon@carlsbadca.gov; clerk@carlsbadca.gov
Re: Proposed Changes to the City’s ADU Ordinance
Dear Carlsbad Planning Commission,
The California Housing Defense Fund (“CalHDF”) submits this letter regarding the proposed
amendments to the City’s accessory dwelling unit (“ADU”) ordinance, which are calendared
as Public Hearing agenda item 1 for the November 19, 2025 Planning Commission hearing.
CalHDF appreciates that the City is amending its ADU ordinance to keep pace with change in
state law. However, the proposed ordinance’s requirements conflict with state law in several
areas, as discussed below.
Background
The law gives local governments authority to enact zoning ordinances that implement a
variety of development standards on ADUs. (Gov. Code, § 66314.) The standards in these local
ordinances are limited by state law so as not to overly restrict ADU development. (See id.)
Separately from local ADU ordinances, Government Code section 66323 establishes a
narrower set of ADU types that local governments have a ministerial duty to approve.
“Notwithstanding Sections 66314 to 66322 ... a local agency shall ministerially approve” these
types of ADUs. (Id. at subd. (a).) This means that ADUs that satisfy the minimal requirements
of section 66323 must be approved regardless of any contrary provisions of the local ADU
ordinance. (Ibid.) Local governments may not impose their own standards on such ADUs.
(Gov. Code, § 66323, subd. (b) [“A local agency shall not impose any objective development or
design standard that is not authorized by this section upon any accessory dwelling unit that
meets the requirements of any of paragraphs (1) to (4), inclusive, of subdivision (a).”].)
2201 Broadway, PH1, Oakland, CA 94612
hi@calhdf.org
Item #1 - Correspondence Received by Nov. 19, 2025, 3 p.m.
In addition, ADUs that qualify for the protections of Government Code section 66323, like
other ADUs, must be processed by local governments within 60 days of a complete permit
application submittal. (Gov. Code, § 66317, subd. (a).)
State law also prohibits creating regulations on ADU development not explicitly allowed by
state law. Government Code Section 66315 states, “No additional standards, other than those
provided in Section 66314, shall be used or imposed, including an owner-occupant
requirement, except that a local agency may require that the property may be used for
rentals of terms 30 days or longer.”
Impermissible Application of Underlying Standards
City code section 21.10.030(E)(6) applies a variety of underlying standards to all ADUs:
The construction of an ADU or JADU that is all new construction, or is a conversion of
a portion or all of an existing structure, or expands the square footage of an existing
structure, shall be consistent with all habitat preserve buffers, geologic stability
setbacks, and visual resource protection policies in the city’s certified local coastal
program, habitat management plan, general plan, and geotechnical report, as
applicable.
While state ADU law does not supersede the Coastal Act (Gov. Code, § 66329), the City is
applying standards beyond what is in the City’s local coastal program, including its habitat
management plan, general plan, and geotechnical report.
However, the City may only impose underlying standards for ADUs that do not qualify for the
protections of Government Code section 66323. As discussed above, Government Code
section 66323 mandates that the City approve a specific class of ADUs subject only to
specified height and setback requirements, notwithstanding any local code requirements to
the contrary. SB 1211 made this even more explicit - Government Code section 66323,
subdivision (b): “A local agency shall not impose any objective development or design
standard that is not authorized by this section upon any accessory dwelling unit that meets
the requirements of any of paragraphs (1) to (4), inclusive, of subdivision (a).”
From page 20 of the January 2025 HCD ADU Handbook (emphasis added):
A local agency may not impose development or design standards, including both
local standards and standards found in State ADU Law, on 66323 Units that are not
specifically listed in Government Code section 66323. (Gov. Code, § 66323, subds. (a),
(b).) This includes, but is not limited to, parking, height, setbacks, or other zoning
provisions (e.g., lot size, open space, floor area ratio, etc.).
2 of 4
The City should amend its ordinance to state clearly that these various underlying standards
(other than those in its local coastal program) do not apply to section 66323 ADUs.
Impermissible Parking Requirements
City code section 21.10.030(E)(9) imposes parking requirements on all ADUs, less certain
specified exceptions.
However, as discussed supra, the City cannot impose local development standards on ADUs
that conform to the requirements of Government Code section 66323, subdivision (a), as
section 66323, subdivision (b) specifically exempts such ADUs from all local requirements.
This means that the City cannot impose parking requirements on section 66323 ADUs.
From page 20 of the January 2025 HCD ADU Handbook (emphasis added):
A local agency may not impose development or design standards, including both
local standards and standards found in State ADU Law, on 66323 Units that are not
specifically listed in Government Code section 66323. (Gov. Code, § 66323, subds. (a),
(b).) This includes, but is not limited to, parking, height, setbacks, or other zoning
provisions (e.g., lot size, open space, floor area ratio, etc.).
The City should amend its ADU ordinance to exempt section 66323 ADUs from parking
requirements, as is required by state law.
Impermissible Replacement Parking Requirements
City code section 21.10.030(E)(9)(c) imposes replacement parking requirements on parcels
“located west of the rail corridor and on lots located east of the rail corridor and
west of Interstate 5 between Avenida Encinas to the north and Batiquitos
Lagoon to the south.”
This requirement is forbidden by Government Code section 66314, subdivision (d) (11):
“When a garage, carport, covered parking structure, or uncovered parking space is
demolished in conjunction with the construction of an accessory dwelling unit or converted
to an accessory dwelling unit, the local agency shall not require that those offstreet parking
spaces be replaced.”
The City may not specify areas of the City where state law does not apply.
⧫⧫⧫
3 of 4
CalHDF appreciates that the City is updating its zoning code to keep pace with changes in
state law. However, CalHDF urges the City to make sure its zoning code actually complies
with state law.
CalHDF is a 501(c)(3) non-profit corporation whose mission includes advocating for
increased access to housing for Californians at all income levels, including low-income
households. You may learn more about CalHDF at www.calhdf.org.
Sincerely,
Dylan Casey
CalHDF Executive Director
James M. Lloyd
CalHDF Director of Planning and Investigations
4 of 4
2025 Accessory Dwelling Unit
Amendment
Shelley Glennon, Associate Planner
Community Development
November 19, 2025
2
TODAY’S PRESENTATION
Purpose
Project Overview
Proposed Amendments
Consistency
Next Steps
Recommended PC Action
ITEM 1: 2025 ADU AMENDMENT
3
PURPOSE
ITEM 1: 2025 ADU AMENDMENT
•State regulations encourage the production of
accessory dwelling units (ADU) and junior accessory
dwelling units (JADU).
•Compliance with the Housing Element Program 1.2 a.
•Cities are expected to update their local ordinances to
align with state legislation
4
PROJECT OVERVIEW
ITEM 1: 2025 ADU AMENDMENT
Reflect recent state ADU regulations effective Jan. 1, 2025
(SB 457, SB 1211 and AB 2533)
Address corrections/clarifications consistent with state
ADU law
Zone Code & Local Coastal Program Amendments (Title 21)
Amendments to Code Sections outside of Title 21 (Title 6
and 20 - Informational Only)
5
PROPOSED AMENDMENTS
ITEM 1: 2025 ADU AMENDMENT
Max. size requirements
Parking replacement exemption
Max. height requirements
Application of Architectural Review
Government Code References
Conflicting standards clarification
Reinforce permitting requirements
Roof deck prohibition update
Notice of Restriction/Deed Restriction mandates
6
AMENDMENT 1
•Clarify size requirements between:
Attached ADUs (new square footage); and
Conversion ADUs (inside dwelling/accessory
structure)
•Clarify detached ADUs on multiple-family lots are
not subject to the 1,200 sq. ft. max size.
ITEM 1: 2024 ZONE CODE CLEAN UP
1 of 9 Maximum Size Requirement
7
AMENDMENT 1
ITEM 1: 2025 ADU AMENDMENT
“Maximum size of an ADU” (CMC 21.20.030.E.3) amended in red font:
a. Attached ADUs – 50% of the total floor area of the main dwelling or 1,200 square
feet, whichever is less, but not less than 800 square feet. This limit applies to
attached ADUs that include construction of new square footage.
b. Conversion ADUs – Must be contained entirely within an existing or proposed
main dwelling or accessory structure that is subject to the underlying zone’s lot
coverage requirements.
c. Detached ADUs – 1,200 square feet. This limit applies to one-family dwelling lots.
Maximum size of ADUs on two-family and multiple-family dwelling lots is regulated
by California Government Code Section 66323.
8
AMENDMENT 2
•Adds additional parking replacement
exemption for uncovered parking spaces
•Applies to any parking space not just parking
for the primary dwelling.
ITEM 1: 2024 ZONE CODE CLEAN UP
2 of 9 Parking Replacement Exemption
9
AMENDMENT 2
ITEM 1: 2025 ADU AMENDMENT
Existing parking standard (CMC 21.10.030.E.9.c) amended in red font:
a.When a garage, carport, covered parking structure, or uncovered parking space is demolished in
conjunction with the construction of an ADU or converted to an ADU, the loss of parking for the
primary dwelling does not need to be replaced, except on lots located west of the rail corridor
and on lots located east of the rail corridor and west of Interstate 5 between Avenida Encinas to
the north and Batiquitos Lagoon to the south. When required, In which case, the loss of parking
for the primary dwelling shall be replaced subject to the parking requirements in Chapter 21.44
(Parking), except as follows:
i.The replacement parking spaces may be covered, uncovered, or tandem spaces, or provided by
the use of mechanical automobile parking lifts within a garage; and may be located in the front,
side or rear yard, provided the parking area is an improved parking surface, such as paving,
hardscape, decomposed granite, etc.
10
AMENDMENT 3
•Provides 2 ft. height allowance for detached
ADUs near high-quality transit corridors (18 ft.
max.)
•Removes one-story maximum
•Provides additional clarification for attached
ADUs and JADUs height requirements
ITEM 1: 2024 ZONE CODE CLEAN UP
3 of 9 Maximum Height Requirements
11
AMENDMENT 3
ITEM 1: 2025 ADU AMENDMENT
Existing maximum height standard (CMC 21.10.030.E.4) amended in red font:
The maximum height shall be limited as follows…
a.A detached ADU on a lot with an existing or proposed one-family, two-family or multiple-family dwelling unit shall
be allowed a height up to 16 feet and one story.
b.A detached ADU on a lot with an existing or proposed […]dwelling unit that is within one-half mile walking distance
of a major transit stop (e.g. Carlsbad Village Station or Poinsettia Station) or a high-quality transit corridor as defined
in California Public Resources Code Section 21155, shall be allowed a height up to 18 feet […]
d.An attached ADU is allowed a height up to 25 feet, or the height limits of the applicable zoning for the primary
dwelling, whichever is higher, but not to exceed two stories.
e.An ADU constructed above or below a detached garage shall be permitted and shall conform to the height limits
applicable to the zone. Structures that contain An ADU located above or below a detached garage shall be limited to
a maximum of two stories including the garage one-story, a combined two stories maximum.
f.A JADU is contained within a one-family dwelling unit and subject to the height requirements of the one-family
dwelling unit’s underlying zone.
12
AMENDMENT 4
•Clarifies ADUs subject to Gov. Code
Section 66323 (Mandatory ADUs) are
exempt from applying design standards
•Design standards cannot preclude ADUs
from complying with California Building
Standards Code.
ITEM 1: 2024 ZONE CODE CLEAN UP
4 of 9 Architectural Review Exemption
13
AMENDMENT 4
ITEM 1: 2025 ADU AMENDMENT
Existing architectural review standard (CMC 21.10.030.E.7-8) amended in red font:
7.Except for qualifying ADUs and JADUs as defined by California Government Code Section 66323,
On lots with one-family dwelling(s), the exterior roofing, trim, walls, windows and the color
palette of the ADU or JADU on lots with one-family dwelling(s) shall incorporate the same
features as the primary dwelling unit. In no case shall the features of the roofing, trim, walls or
windows preclude the ADU or JADU from complying with the California Building Standards Code.
8.On lots with two-family or multiple-family dwellings, the exterior roofing, trim, walls, windows
and the color palette of the ADU addition shall incorporate the same features as the existing
building that the ADU would be provided within. For detached ADUs, the addition it shall be
reflective of the nearest building as measured from the wall of the existing building to the
nearest wall of the proposed unit, unless the ADU is compliant with California Government Code
Section 66323. In no case shall the features of the roofing, trim, walls or windows preclude the
ADU from complying with the California Building Standards Code.
14
AMENDMENT 5
Existing Government Code References:
California Government Code Sections 65852.2 and 65852.22.
Updated Government Code References:
California Government Code Chapter on Accessory Dwelling Units (California Government Code Section 66310 et seq.)
ITEM 1: 2024 ZONE CODE CLEAN UP
5 of 9 Government Code Reference Updates
15
AMENDMENT 6
Section 21.10.030.E.1 amended as follows:
When not in If there is a conflict with applicable development
requirements and standards of this code and with California
Government Code Sections 65852.2 (effective Jan. 1, 2023) and
65852.22 (effective Jan. 1, 2023) and the coastal resource and public
access protection requirements of the certified local coastal program,
ADUs and JADUs shall also comply with applicable development
requirements and standards of this code. the California Government
Code and coastal resource and public access protection requirements
of the certified local coastal program shall prevail.
ITEM 1: 2024 ZONE CODE CLEAN UP
6 of 9 Conflicting Standards Clarification
16
AMENDMENT 7
New location standard (Section 21.10.030.D.3)added
below:
The location of the ADU shall provide access to
adequate water and sewer services pursuant to the
city’s current engineering standards.
ITEM 1: 2024 ZONE CODE CLEAN UP
7 of 9 Reinforcing Permitting Requirements
17
AMENDMENT 8
Revised standard (Section 21.10.030.E.5) below:
Roof decks shall not be permitted on detached
or attached ADUs.
ITEM 1: 2024 ZONE CODE CLEAN UP
8 of 9 Roof Deck Prohibition
18
AMENDMENT 9
•Removes Notice of Restriction Requirement for
all ADUs
•Adds Deed Restriction Requirement for JADUs
ITEM 1: 2024 ZONE CODE CLEAN UP
9 of 9 Notice of Restriction/Deed Restriction Requirement
19
AMENDMENT 9
ITEM 1: 2025 ADU AMENDMENT
Existing “Notice of Restriction” Standard to be deleted:
Section 21.10.030.E.11:
A notice of restriction shall be recorded on the property declaring that:
a.An ADU(s) or JADU shall not be used for short-term rentals of less than 30 days. This
requirement does not apply to any unit that was issued a building permit prior to
January 1, 2020.
b.The obligations and restrictions imposed on the approval of the ADU(s) per California
Government Code Section 65852.2 (effective Jan. 1, 2023) or JADU per California
Government Code Section 65852.22 (effective Jan. 1, 2023) are binding on all present
and future property owners.
c.For a JADU, the property owner must reside in either the primary residence or the
JADU. Sale of the JADU separate from the single-family residence is prohibited; said
prohibition is binding on all present owners and future purchasers.
20
AMENDMENT 9
ITEM 1: 2025 ADU AMENDMENT
Proposed “Deed Restriction” added in red font:
Section 21.10.030.E.11:
A Deed Restriction shall be recorded on the property signed by all property owners or a
designated agent authorized to bind the owners, for all JADUs in one-family residential
zones, which shall run with the land, declaring that:
a.The owners of the property are prohibited from selling the JADU separate from the
sale of the one-family residence.
b.California Government Code, Title 7, Division 1, Chapter 13, Article 3 restricts the size
and attributes of the JADU to conform to that article.
c.This Deed Restriction may be enforced against any future purchasers.
21
PUBLIC COMMENT RECEIVED
ITEM 1: 2025 ADU AMENDMENT
1) Impermissible Application of Underlying Standards
CMC Section 21.10.030(E)(6) – Request to revise to state that these standards do not
apply to GC Section 66323 ADUs.
- Language required by Coastal Commission consistent with the certified LCP to
protect coastal resources and public access. The HMP is part of the city’s certified
LCP.
-Compliance with GC Section 66323 is provided by reference in CMC Sections as
applicable.
-Any conflicting standards listed in our code shall not supersede GC Section 66323
as stated in CMC Section 21.10.030(E)(2).
22
PUBLIC COMMENT RECEIVED
ITEM 1: 2025 ADU AMENDMENT
2) Impermissible Parking Requirements
CMC Section 21.10.030(E)(9) – The city should amend its ADU Ordinance to exempt
Section 66323 ADUs from parking requirements by state law.
- Language required by Coastal Commission consistent with the certified LCP to
protect coastal resources and public access.
-Compliance with GC Section 66323 is provided by reference in CMC Sections as
applicable.
-Any conflicting standards listed in our code shall not supersede GC Section 66323
as stated in CMC Section 21.10.030(E)(2).
23
PUBLIC COMMENT RECEIVED
ITEM 1: 2025 ADU AMENDMENT
3) Impermissible Replacement Parking Requirements
CMC Section 21.10.030(E)(9)(c) – The city may not specify areas of the city where
state law does not apply.
-Language required by Coastal Commission to protect public access consistent with
the certified LCP.
24
CONSISTENCY
The 2025 ADU Amendment was determined:
•Consistent with State Law, General Plan,
Municipal Code, Local Coastal Program and the
Airport Land Use Compatibility Plan;
•Exempt under CEQA Guidelines Section
15061(b)(3), 15378(b)(5) and Section 15282(h)
•Draft Notice of Exemption was posted on
November 5, 2025.
ITEM 1: 2025 ADU AMENDMENT
25
NEXT STEPS
ITEM 1: 2025 ADU AMENDMENT
Present recommendation to
City Council
(effective outside of the Coastal Zone
30 days after adoption)
Submit adopted ordinance to HCD for review
Submit LCPA application to the California Coastal
Commission
26
RECOMMENDED ACTION
ITEM 1: 2025 ADU AMENDMENT
•Recommend approval of a CEQA Exemption
•Recommend approval of the Zone Code Amendment (ZCA);
and Local Coastal Program Amendment (LCPA)
2025 Accessory Dwelling Unit
Amendment
Shelley Glennon, Associate Planner
Community Development
November 19, 2025