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Home My WebLink About2026-01-27; City Council; 09; 2025 Accessory Dwelling Unit Amendments ZCA 2025-0001/LCPA 2025-0023/MCA 2025-0002 (PUB 2025-0009)CA Review CDS Meeting Date: Jan. 27, 2026 To: Mayor and City Council From: Geoff Patnoe, City Manager Staff Contact: Shelley Glennon, Associate Planner 442-339-2605, shelley.glennon@carlsbadca.gov Subject: 2025 Accessory Dwelling Unit Amendments ZCA 2025-0001/LCPA 2025-0023/MCA 2025-0002 (PUB 2025-0009) Districts: All Recommended Action 1)Hold a public hearing; and 2)Adopt a resolution approving a California Environmental Quality Act exemption determination and requesting California Coastal Commission certification of a Local Coastal Program amendment to the Zoning Ordinance (Title 21) of the Carlsbad Municipal Code related to accessory dwelling units and junior accessory dwelling units (Exhibit 1); and 3)Introduce an ordinance adopting amendments to Title 21, Zone Code, of the Carlsbad Municipal Code and Local Coastal Program to ensure consistency with state law related to accessory dwelling units and junior accessory dwelling units (Exhibit 2); and 4)Introduce an ordinance adopting amendments to Title 6, Health and Sanitation, and Title 20, Subdivision, of the Carlsbad Municipal Code, to ensure consistency with state law related to accessory dwelling units and junior accessory dwelling units (Exhibit 3). Executive Summary The California Legislature recently approved new laws that amend various sections of the Government Code to impose new limits on local authority to regulate accessory dwelling units and junior accessory dwelling units, known as ADUs and JADUs. The proposed amendments will bring the Zoning Ordinance in the Carlsbad Municipal Code and the Local Coastal Program, the planning document for the Coastal Zone, into compliance with the new state law changes. These amendments are being presented to the City Council because they require the approval of the City Council under Municipal Code Section 21.52.050 and Title 14 California Code of Regulations Section 13551. Staff are also proposing updates to Carlsbad Municipal Code Title 6 - Health and Sanitation, and Title 20 – Subdivisions, to reflect recent state ADU law changes. Other than the amendments contained within these new state laws as well as various formatting and clarifying revisions, the ADU ordinance remains unchanged. The proposed amendments do not change the underlying zones’ allowable uses or intensities. They will, however, allow for an increase in number of Jan. 27, 2026 Item #9 Page 1 of 42 Docusign Envelope ID: E3BCE7EA-F4DF-48F6-A02E-E9066AFD25FB ADUs allowed on residential lots as mandated by state law, provided that the proposed ADUs comply with the standards and requirements of state ADU law and the city’s certified Local Coastal Program. Explanation & Analysis Background Every city in California is required to have a current Housing Element in its General Plan. The city’s Housing Element, adopted in 2021, is a plan that provides an analysis of a community’s housing needs for all income levels, along with strategies to respond to and provide for those housing needs. Program 1.2, Promote the Development of Accessory Dwelling Units, includes an objective that requires the city to timely update its local ordinances to integrate changes in state housing law. The implementation of this program is on-going, and the city has made similar updates in recent years and expects to continue making these updates on an annual or bi-annual basis as necessary to remain compliant with state law. (Additional background information is available in the Nov. 5, 2025, Planning Commission staff report provided as Exhibit 6.) This proposed amendment package of changes addresses three ADU bills signed by the Governor that became effective in the last two years. •Senate Bill 477 (2024), which reorganized and clarified existing California statutes regarding ADUs •Assembly Bill 2533 (2024), which established an amnesty program for unpermitted ADUs and JADUs built before Jan. 1, 2020, allowing homeowners to legalize them by meeting health and safety standards •Senate Bill 1211 (2024), which significantly expanded opportunities to build ADUs on multifamily properties SB 477 took effect Mar. 25, 2024, and AB 2533 and SB 1211 took effect Jan. 1, 2025, temporarily superseding the city’s Municipal Code regulations outside of the Coastal Zone. Staff coordinated with the State Department of Housing and Community Development in preparing the proposed amendments to ensure alignment with the department’s interpretation of statutory language. The proposed amendments provided in Exhibits 2 and 3 will bring Carlsbad Municipal Code Titles 6, 20 and 21 and the Local Coastal Program into compliance with state law. 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 of Carlsbad) 6)Architectural review Jan. 27, 2026 Item #9 Page 2 of 42 Docusign Envelope ID: E3BCE7EA-F4DF-48F6-A02E-E9066AFD25FB 7)Standards that prevent adverse impacts on property listed in the California Register of Historic Resources.1 The city’s ADU ordinance must comply with requirements imposed by AB 2533, SB 477 and SB 1211. To show how the text is being changed, a version of the code with the proposed changes provided in underline/strikethrough format is provided in Exhibit 4. Below is a summary of the changes proposed by this amendment package. For a detailed analysis of all the proposed changes, see the Project Analysis in the Planning Commission staff report provided as Exhibit 6. Maximum size The existing Zoning Ordinance provides the maximum size for attached ADUs and detached ADUs within one-family residential lots. This amendment will clarify the maximum size requirements for attached and detached ADUs, add a new maximum size requirement for conversion ADUs and adds the size requirements for two-family/multiple-family dwelling unit lots, consistent with recent state law changes. The maximum size of an attached ADU is 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. ADU conversions must be contained entirely within an existing or proposed main dwelling or accessory structure subject to the underlying zone’s lot coverage requirements. Detached ADUs are allowed up to 1,200 square feet maximum. Number and location SB 477 relocated numerous Government Code sections into a new chapter. The existing Zoning Ordinance still refers to the outdated Government Code section numbers. This portion of the proposed ordinance updates the references to the Government Code Section 66314 and 66323 which states the city is required to apply up to three ADUs on a one- family dwelling unit lot and up to eight detached ADUs next to an existing multi-family dwelling under certain circumstances (see Exhibit 9). Additionally, the amendment adds a new location requirement which reinforces existing engineering requirements that adequate water and sewer services for ADU development shall be provided consistent with state law. Parking The existing Zoning Ordinance provides a parking replacement exemption for when a garage, carport or covered parking structure that serves the primary dwelling is demolished in conjunction with the construction of an ADU or converted ADU. This amendment adds uncovered parking spaces to the list of parking replacement exemptions. It also updates the requirement to be for any parking space removed, not just parking that serves the primary dwelling. 1 Government. Code Section 66314(b)(1). Jan. 27, 2026 Item #9 Page 3 of 42 Docusign Envelope ID: E3BCE7EA-F4DF-48F6-A02E-E9066AFD25FB Height The existing 18-foot-height allowance for detached ADUs within one-half mile walking distance of a major transit stop2 has been updated as part of this amendment to include high-quality transit corridors, as required by recent state law changes. A high-quality transit corridor is defined by California Public Resource Code Section 21155 as a transit line with a fixed-route bus service that runs at least every 15 minutes during peak commute hours. The city does not currently have a high-quality transit corridor, however, in the event one is provided, this standard will apply. The city’s major transit stops are Carlsbad Village and Poinsettia Coaster Stations. The radius map showing the half-mile walking distance from the two major transit stops is provided in Exhibit 6 (ADU Informational Bulletin). Additionally, the one-story maximum requirement for detached ADUs was removed; the 16 foot height requirement and California Building Standards Code still applies. Lastly, minor height clarifications are being provided for attached ADUs and JADUs. Architectural review The existing Zoning Ordinance requires ADUs and JADUs to be designed to match the primary dwelling through the incorporation of the same architectural features. The amendment clarifies that mandatory or “by-right” ADUs are exempt from the application of objective design standards (Government Code Section 66323) (i.e. standards related to architectural review such as building color and materials).3 It also clarifies that objective design standards cannot preclude any ADU project from complying with the California Building Standards Code. The development standards such as the 800 square foot maximum size requirement and 4-foot side and rear setbacks for mandatory detached ADUs still apply. Replaced ADU/JADU notice of restriction with JADU deed restriction requirement The existing ordinance requires a notice of restriction, a legal document that informs future owners about specific rules governing the unit, to be recorded with the deed of a property with an approved ADU or JADU. The notice of restriction requirement for ADUs and JADUs in the Zoning Ordinance has been removed and replaced with a deed restriction requirement for only JADUs, in compliance with recent state law changes. All property owners must still comply with state ADU law without a notice of restriction. The JADU deed restriction will prohibit the separate sale of the JADU from the sale of the one-family dwelling residence, and restrict JADU size and attributes in accordance with state ADU law. Other standards: o In Titles 6, 20 and 21 of the Carlsbad Municipal Code there are references to California Government Code Sections 65852.2 and 65852.22 to implement state ADU and JADU regulations. These references are outdated, since the state ADU regulations are now under California Government Code Title 7, Chapter 13 - Accessory Dwelling Units, in accordance with SB 477. This amendment replaces all 2 A major transit stop is defined in California Public Resources Code Section 21064.3, and includes any fixed rail station, regardless of frequency, and under Section 21155(b) also includes major transit stops that are included in the applicable regional transportation plan. 3 Cities are required to approve mandatory or "by-right" ADU projects administratively, without discretionary reviews, as long as the projects comply with all objective standards and regulations. Jan. 27, 2026 Item #9 Page 4 of 42 Docusign Envelope ID: E3BCE7EA-F4DF-48F6-A02E-E9066AFD25FB outdated Government Code number references for state ADU and JADU regulations with the current references. o The existing Zoning Ordinance prohibits roof decks on detached ADUs. This amendment clarifies that the ADU roof deck prohibition applies to both attached and detached ADUs. California’s commitment to addressing housing challenges through ADU construction continues to evolve, with several significant pieces of legislation, including AB 2533 and SB 477, and SB 1211 setting a new baseline for ADU standards that apply to all local ADU ordinances. Exhibit 9 summarizes the most recent changes (latest 2025 State ADU laws) and lists the maximum ADU size and the total number of ADUs allowed in Carlsbad for one-family dwellings and two-family dwelling/multiple-family dwelling lots. Planning Commission The Planning Commission conducted a public hearing on Nov. 19, 2025, and unanimously recommended the City Council approve staff’s recommended amendments to Title 21. The remaining amendments to Title 6 and 20 were provided as information only in the Planning Commission’s staff report (Exhibits 6-7), so no recommendation was made on those prospective changes. Public notification Staff published newspaper notices of the Planning Commission hearing in The San Diego Union- Tribune and the Coast News on Nov. 14, 2025. In addition to the legally required noticing, the Community Development Department posted the draft code amendments online on Oct. 24, 2025. In addition, a six-week public review period for the Local Coastal Program Amendment began on Oct. 24, 2025, and ended on Dec. 5, 2025. Public correspondence received on this topic as of Jan. 19, 2026, has been provided in Exhibit 8. Comment letter A comment letter with three comments was received from the California Housing Defense Fund (CalHDF) in relation to the Planning Commission hearing. The first two comments were a request for the city to remove several standards from applying to state-mandated ADUs that CalHDF did not believe complied with Government. Code Section 66323 and a request to remove one standard relating to ADU parking. Staff responded during the Planning Commission hearing by explaining that the standards were, in fact, valid as part of the city’s Local Coastal Program and documents that it references. In general, where Local Coastal Program policies directly conflict with the new statutory provisions of ADU law, or require refinement to be consistent with those laws, those policies should be updated to be consistent with the new ADU provisions to the greatest extent feasible while still complying with the requirements off the California Coastal Act. However, the city’s draft ordinance received a preliminary review by Housing and Community Development staff to identify conflicts with state ADU law. HCD staff indicated that the local ordinance has been “harmonized” with state ADU law and no additional changes are warranted. Fiscal Analysis There is no anticipated fiscal impact from this action. Jan. 27, 2026 Item #9 Page 5 of 42 Docusign Envelope ID: E3BCE7EA-F4DF-48F6-A02E-E9066AFD25FB Next Steps Staff will present the ordinances for a second reading and the City Council’s approval at the next City Council meeting. Following adoption of the ordinances, amendments to the Zoning Ordinance will become effective outside of the Coastal Zone. Amendments to Title 6 and 20 will become effective citywide. In keeping with Government Code Section 66326, the city would then submit the adopted ordinances to the Department of Housing and Community Development for a consistency determination. Amendments to the city’s Local Coastal Program and Zoning Ordinance must also be submitted to the California Coastal Commission and processed according to specific procedures established in Section 30514 of the Public Resources Code. Once approved by the California Coastal Commission, the proposed Local Coastal Program and Zoning Ordinance amendments would become effective in the Coastal Zone. Environmental Evaluation The proposed amendments to the Carlsbad Municipal Code (MCA 2025-0002, ZCA 2025-0001, and LCPA 2025-0023) are exempt from the California Environmental Quality Act, or CEQA, 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 one-family, two-family or multiple-family dwelling residential zone to implement California Government Code Chapter on accessory dwelling units (Government Code Section 66310 et seq.). The notice of exemption will be filed with the Recorder/County Clerk within five days after project approval by the decision-making body. Exhibits 1. City Council resolution (Local Coastal Program amendment) 2. City Council ordinance (Title 21) 3. City Council ordinance (Title 6 and Title 20) 4. Proposed changes to the Carlsbad Municipal Code (Title 21 (Zone Code) and Titles 6 and 20) 5. Planning Commission Resolution No. 7560 (on file in the Office of the City Clerk) 6. Planning Commission staff report from Nov. 19, 2025 (on file in the Office of the City Clerk) 7. Minutes from Nov. 19, 2025, Planning Commission Meeting (on file in the Office of the City Clerk) 8. Letter from California Housing Defense Fund dated Nov. 19, 2025 9. Maximum ADU size and the total number of ADUs allowed Jan. 27, 2026 Item #9 Page 6 of 42 Docusign Envelope ID: E3BCE7EA-F4DF-48F6-A02E-E9066AFD25FB Exhibit 1 RESOLUTION NO. 2026-027 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CALIFORNIA ENVIRONMENTAL QUALITY ACT EXEMPTION DETERMINATION AND REQUESTING CALIFORNIA COASTAL COMMISSION CERTIFICATION OF A LOCAL COASTAL PROGRAM AMENDMENT TO THE ZONING ORDINANCE (TITLE 21) OF THE CARLSBAD MUNICIPAL CODE RELATED TO ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS CASE NAME: 2025 ACCESSORY DWELLING UNIT AMENDMENT CASE NO: MCA 2025-0002 / ZCA 2025-0001 / LCPA 2025-0023 (PUB 2025-0009) WHEREAS, the California Coastal Act (Public Resources Code §§30000, et seq.) requires that the city adopt a Local Coastal Program (LCP) which meets the requirements of the Coastal Act at the local level and implements its provisions and policies; and WHEREAS, any amendment to the LCP requires approval from the California Coastal Commission; and WHEREAS, the City Planner has prepared amendments to the Carlsbad Municipal Code and Local Coastal Program (MCA 2025-0002 / ZCA 2025-0001 / LCPA 2025-0023) to bring both documents into conformance with recent changes in state law, pursuant to Chapter 21.52 of the Carlsbad Municipal Code, §65850 et seq. of the Government Code, §30514 of the Public Resources Code, and §13551 of the California Code of Regulations Title 14, Division 5.5; and WHEREAS, pursuant to the California Environmental Quality Act (CEQA, Public Resources Code §§21000 et seq.) and its implementing regulations (the State CEQA Guidelines), Article 14 of the California Code of Regulations §§15000 et seq., the city is the Lead Agency for the Project, as the public agency with the principal responsibility for approving the proposed Project; and WHEREAS, on Nov. 19, 2025, the Planning Commission held a duly noticed public hearing as prescribed by law to consider the amendments to Title 21 of the CMC (ZCA 2025-0001 and LCPA 2025- 0023) and the City Planner’s draft CEQA exemption determination posted on the city’s website and sent to interested parties on Nov. 5, 2025; and WHEREAS, the Planning Commission adopted Planning Commission Resolution No. 7560 recommending City Council adoption of ZCA 2025-0001 and LCPA 2025-0023 and approval of the Project’s CEQA exemption determination; and Jan. 27, 2026 Item #9 Page 7 of 42 Docusign Envelope ID: E3BCE7EA-F4DF-48F6-A02E-E9066AFD25FB WHEREAS, the Planning Commission’s recommendation to the City Council does not pertain proposed amendments to Title 6 (Health and Sanitation) and Title 20 (Subdivisions) (MCA 2025-0001) as these amendments are not within the Planning Commission’s purview and not part of LCPA 2025- 0023, as CMC Titles 6 and 20 are not part of the city’s LCP; and WHEREAS, the City Council held a duly noticed public hearing as prescribed by law to consider the Project (MCA 2025-0002, ZCA 2025-0001, and LCPA 2025-0023) and the Project’s CEQA exemption determination; 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 relating to MCA 2025- 0002, ZCA 2025-0001, and LCPA 2025-0023, including without limitation: a. Written information; b. Oral testimony from city staff, interested parties, and the public; c. The staff report, dated Jan. 27, 2026, which along with its attachments is incorporated herein by this reference as though fully set forth herein; and d. Additional information submitted during the Public Hearing. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. The proposed amendments to the Carlsbad Municipal Code (MCA 2025-0002, ZCA 2025- 0001, and LCPA 2025-0023) are exempt from the California Environmental Quality Act, or CEQA, 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 one-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 Section 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. Jan. 27, 2026 Item #9 Page 8 of 42 Docusign Envelope ID: E3BCE7EA-F4DF-48F6-A02E-E9066AFD25FB 3.A LCP Amendment (LCPA 2025-0023), which pertains to the Carlsbad Municipal Code Title 21 amendments, was prepared for the Project and presented to the City Council per companion ordinance on Jan. 27, 2026 (Exhibit 2 to the staff report). The LCP Amendment shall only take effect upon City Council and California Coastal Commission approval. 4.Pursuant to Public Resources Code §30510(a), the City Council hereby certifies that the proposed LCP Amendment is intended to be carried out in a manner fully in conformity with the California Coastal Act. 5.This action is final the date this resolution is adopted by the City Council. The provisions of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial Review," shall apply: "NOTICE" The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chanter 1.16. Any petition or other paper seeking review must be filed in the appropriate court not later than the 90th day following the date on which this decision becomes final; however, if within 10 days after the decision becomes final a request for the record is filed with a deposit in an amount sufficient to cover the estimated cost of preparation of such record, the time within which such petition may be filed in court is extended to not later than the 30th day following the date on which the record is either personally delivered or mailed to the party, or the party's attorney of record, if the party has one. A written request for the preparation of the record of proceedings shall be filed with the Office of the City Clerk, 1200 Carlsbad Village Drive, Carlsbad, CA 92008. Jan. 27, 2026 Item #9 Page 9 of 42 Docusign Envelope ID: E3BCE7EA-F4DF-48F6-A02E-E9066AFD25FB PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 27th day of January, 2026, by the following vote, to wit: AYES: Blackburn, Bhat-Patel, Acosta, Burkholder, Shin. NAYS: None. ABSTAIN: None. ABSENT: None. ______________________________________ KEITH BLACKBURN, Mayor ______________________________________ SHERRY FREISINGER, City Clerk (SEAL) Jan. 27, 2026 Item #9 Page 10 of 42 Docusign Envelope ID: E3BCE7EA-F4DF-48F6-A02E-E9066AFD25FB Exhibit 2 ORDINANCE NO. CS-506 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING AMENDMENTS TO TITLE 21, ZONING CODE, OF THE CARLSBAD MUNICIPAL 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 (2024), Senate Bill 1211 (2024) and Assembly Bill 2533 (2024) 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 January 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 Zoning 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; and WHEREAS, the Carlsbad Zoning Code is the implementing ordinance of the Carlsbad Local Coastal Program, and therefore, amendments to the Zoning Code also constitute amendments to the Local Coastal Program; and WHEREAS, as required by state law, a six-week notice of availability was issued for LCPA 2025- 0023 from October 24, 2025, and ending on December 5, 2025. No comments were received in response to the LCPA notice; and WHEREAS, on November 6, 2025, the Airport Land Use Commission reviewed and found that the proposed Zoning Code Amendment is consistent with the adopted McClellan-Palomar Airport Land Use Compatibility Plan; and Jan. 27, 2026 Item #9 Page 11 of 42 Docusign Envelope ID: E3BCE7EA-F4DF-48F6-A02E-E9066AFD25FB WHEREAS, pursuant to California Environmental Quality Act (CEQA) (Public Resources Code §§21000 et. seq.), and its implementing regulations (the State CEQA Guidelines), 14 California Code of Regulations §§15000 et. seq., the city is the lead agency for the Project, as the public agency with the principal responsibility for approving the proposed Project. WHEREAS, on November 19, 2025, the Planning Commission held a duly noticed public hearing as prescribed by law to consider the amendments to Title 21 of the CMC (ZCA 2025-0001 and LCPA 2025-0023) and the City Planner’s draft CEQA exemption determination posted on the city’s website and sent to interested parties on November 5, 2025; and WHEREAS, the Planning Commission adopted Planning Commission Resolution No. 7560 recommending City Council adoption of ZCA 2025-0001 and LCPA 2025-0023 and approval of the Project’s CEQA exemption determination; 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 and LCPA 2025-0023 and the Project’s CEQA exemption determination; 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; including without limitation: a.Written information; b.Oral testimony from city staff, interested parties, and the public; c.The staff report, dated January 27, 2026, which along with its attachments is incorporated herein by this reference as though fully set forth herein; and d.Additional information submitted during the Public Hearing. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Carlsbad, California, does ordain that: 1. The above recitations are true and correct. 2.Pursuant to the companion resolution on January 27, 2026 (Exhibit 1 to the January 27, 2026 staff report), the proposed amendments to the Carlsbad Municipal Code (MCA 2025-0002, ZCA 2025-0001, and LCPA 2025-0023) are exempt from 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 one- Jan. 27, 2026 Item #9 Page 12 of 42 Docusign Envelope ID: E3BCE7EA-F4DF-48F6-A02E-E9066AFD25FB family, two-family or multiple-family dwelling residential zone to implement California Government Code Chapter on accessory dwelling units (Government Code Section 66310 et seq.). 3.The findings of the Planning Commission in Planning Commission Resolution No. 7560 shall also constitute the findings of the City Council. 4.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. 5.Carlsbad Municipal Code Section 21.04.058 is added as follows: 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. 6.Carlsbad Municipal Code Section 21.04.121 is amended to read as follows: 21.04.121 Dwelling unit, accessory (ADU). Refer to California Government Code Section 66313(a). 7.Carlsbad Municipal Code Section 21.04.122 is amended to read as follows: 21.04.122 Dwelling unit, junior accessory (JADU). Refer to California Government Code Section 66313(d). 8.Carlsbad Municipal Code Section 21.10.030 is amended to read as follows: 9.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 21.10.030 Accessory dwelling units and junior accessory dwelling units. Jan. 27, 2026 Item #9 Page 13 of 42 Docusign Envelope ID: E3BCE7EA-F4DF-48F6-A02E-E9066AFD25FB 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 dwelling, two-family dwelling or multiple-family dwelling, but the application to create the Jan. 27, 2026 Item #9 Page 14 of 42 Docusign Envelope ID: E3BCE7EA-F4DF-48F6-A02E-E9066AFD25FB 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 Jan. 27, 2026 Item #9 Page 15 of 42 Docusign Envelope ID: E3BCE7EA-F4DF-48F6-A02E-E9066AFD25FB certified local coastal program, 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 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. Jan. 27, 2026 Item #9 Page 16 of 42 Docusign Envelope ID: E3BCE7EA-F4DF-48F6-A02E-E9066AFD25FB 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. 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. Jan. 27, 2026 Item #9 Page 17 of 42 Docusign Envelope ID: E3BCE7EA-F4DF-48F6-A02E-E9066AFD25FB 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: 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. Jan. 27, 2026 Item #9 Page 18 of 42 Docusign Envelope ID: E3BCE7EA-F4DF-48F6-A02E-E9066AFD25FB 12.An ADU may be sold separately from the primary dwelling only in limited situations pursuant to California Government Code Sections 66340-66342. 10.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 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). 11.Carlsbad Municipal Code Section 21.48.020(B)(2) is amended to read as follows: 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 Jan. 27, 2026 Item #9 Page 19 of 42 Docusign Envelope ID: E3BCE7EA-F4DF-48F6-A02E-E9066AFD25FB 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 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 Jan. 27, 2026 Item #9 Page 20 of 42 Docusign Envelope ID: E3BCE7EA-F4DF-48F6-A02E-E9066AFD25FB to be published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption. INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the 27th day of January, 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: ABSTAIN: ABSENT: APPROVED AS TO FORM AND LEGALITY: _________________________________ CINDIE K. McMAHON, City Attorney _______________________________________ KEITH BLACKBURN, Mayor _______________________________________ SHERRY FREISINGER, City Clerk (SEAL) Jan. 27, 2026 Item #9 Page 21 of 42 Docusign Envelope ID: E3BCE7EA-F4DF-48F6-A02E-E9066AFD25FB Exhibit 3 ORDINANCE NO. CS-507 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING AMENDMENTS TO TITLE 6, HEALTH AND SANITATION, AND TITLE 20, SUBDIVISION, 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: MCA 2025-0002 / PUB 2025-0009 WHEREAS, California Governor Gavin Newsom signed Senate Bill 477 (2024) which made changes to the numbering of the Government Code sections related to accessory dwelling unit and junior accessory dwelling unit law; and WHEREAS, the legislative bill took effect March 24, 2024, 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 a Municipal Code Amendment MCA 2025-0002 to amend Titles 6 and 20 of the Carlsbad Municipal Code; and WHEREAS, the amendments to Title 6 and 20 ensure provisions of the City of Carlsbad Municipal Code are consistent with or sufficiently supportive of the new state law provisions; and WHEREAS, pursuant to California Environmental Quality Act (CEQA) (Public Resources Code §§21000 et. seq.), and its implementing regulations (the State CEQA Guidelines), 14 California Code of Regulations §§15000 et. seq., the city is the lead agency for the Project, as the public agency with the principal responsibility for approving the proposed Project. WHEREAS, the City Council of the City of Carlsbad held a duly noticed public hearing as prescribed by law to consider MCA 2025-0002 and the Project’s CEQA exemption determination; 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 relating to MCA 2025- 0002, including without limitation: a.Written information; b.Oral testimony from city staff, interested parties, and the public; c.The staff report, dated January 27, 2026, which along with its attachments is incorporated herein by this reference as though fully set forth herein; and d.Additional information submitted during the Public Hearing. Jan. 27, 2026 Item #9 Page 22 of 42 Docusign Envelope ID: E3BCE7EA-F4DF-48F6-A02E-E9066AFD25FB NOW, THEREFORE, the City Council of the City of Carlsbad, California, does ordain that: 1. The above recitations are true and correct. 2.Pursuant to the companion resolution on January 27, 2026 (Exhibit 1 to the Jan. 27, 2026 staff report), the proposed amendments to the Carlsbad Municipal Code (MCA 2025- 0002, ZCA 2025-0001, and LCPA 2025-0023) 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 one-family, two-family or multiple-family dwelling residential zone to implement California Government Code Chapter on accessory dwelling units (Government Code Section 66310 et seq.). 3.Carlsbad Municipal Code Section 6.15.020, definition of “Multiunit residential development,” list item No. 6, is amended in part to read as follows: 6.A one-family home with an accessory dwelling unit and/or junior accessory dwelling unit permitted pursuant to the California Government Code 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. 4.Carlsbad Municipal Code Section 20.04.040(B)(2) is amended to read as follows: The construction, financing or leasing of dwelling units and accessory dwelling units pursuant to the California Government Code 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. EFFECTIVE DATE: 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. Jan. 27, 2026 Item #9 Page 23 of 42 Docusign Envelope ID: E3BCE7EA-F4DF-48F6-A02E-E9066AFD25FB INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the 27th day of January, 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: ABSTAIN: ABSENT: APPROVED AS TO FORM AND LEGALITY: _________________________________ CINDIE K. McMAHON, City Attorney _______________________________________ KEITH BLACKBURN, Mayor _______________________________________ SHERRY FREISINGER, City Clerk (SEAL) Jan. 27, 2026 Item #9 Page 24 of 42 Docusign Envelope ID: E3BCE7EA-F4DF-48F6-A02E-E9066AFD25FB Exhibit 4 LCPA 2025-0023, ZCA 2025-0001, MCA 2025-0002 (PUB 2025-0009) 2025 Accessory Dwelling Unit Amendment Draft Revisions to the Carlsbad Municipal Code Titles 21 (Zoning Ordinance) and Titles 6 and 20. NOTE: Proposed changes are shown in red strikeout/underline format. Four chapters in Title 21 “Zoning Ordinance” of the Carlsbad Municipal Code are proposed to be amended as provided 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 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. Jan. 27, 2026 Item #9 Page 25 of 42 Docusign Envelope ID: E3BCE7EA-F4DF-48F6-A02E-E9066AFD25FB 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 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- Jan. 27, 2026 Item #9 Page 26 of 42 Docusign Envelope ID: E3BCE7EA-F4DF-48F6-A02E-E9066AFD25FB 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 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. 3.4. 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: Jan. 27, 2026 Item #9 Page 27 of 42 Docusign Envelope ID: E3BCE7EA-F4DF-48F6-A02E-E9066AFD25FB 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. b.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): c.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 Jan. 27, 2026 Item #9 Page 28 of 42 Docusign Envelope ID: E3BCE7EA-F4DF-48F6-A02E-E9066AFD25FB 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. 9. Parking. Jan. 27, 2026 Item #9 Page 29 of 42 Docusign Envelope ID: E3BCE7EA-F4DF-48F6-A02E-E9066AFD25FB 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. 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 Jan. 27, 2026 Item #9 Page 30 of 42 Docusign Envelope ID: E3BCE7EA-F4DF-48F6-A02E-E9066AFD25FB 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 (e.g., garages, workshops, decks over 30 inches in height) (1), (2) 20 feet 5 feet 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) Jan. 27, 2026 Item #9 Page 31 of 42 Docusign Envelope ID: E3BCE7EA-F4DF-48F6-A02E-E9066AFD25FB 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 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 Jan. 27, 2026 Item #9 Page 32 of 42 Docusign Envelope ID: E3BCE7EA-F4DF-48F6-A02E-E9066AFD25FB 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. […] Proposed amendments to Title 6 “Health and Sanitation” and Title 20 “Subdivision” of the Carlsbad Municipal Code (MCA 2025-0001 (PUB 2025-0009) as provided below: 1. Chapter 6.15 “Prohibition of Smoking in multiunit residences” Section 6.15.020 is amended as follows: 6.15.020 Definitions. […] "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 is amended as follows: 20.04.040 Application of Subdivision Map Act. Jan. 27, 2026 Item #9 Page 33 of 42 Docusign Envelope ID: E3BCE7EA-F4DF-48F6-A02E-E9066AFD25FB […] 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. […] Jan. 27, 2026 Item #9 Page 34 of 42 Docusign Envelope ID: E3BCE7EA-F4DF-48F6-A02E-E9066AFD25FB Exhibit 5 Planning Commission Resolution No. 7560 (on file in the Office of the City Clerk) Jan. 27, 2026 Item #9 Page 35 of 42 Docusign Envelope ID: E3BCE7EA-F4DF-48F6-A02E-E9066AFD25FB Exhibit 6 Planning Commission staff report from Nov. 19, 2025 (on file in the Office of the City Clerk) Jan. 27, 2026 Item #9 Page 36 of 42 Docusign Envelope ID: E3BCE7EA-F4DF-48F6-A02E-E9066AFD25FB Exhibit 7 Minutes from Nov. 19, 2025, Planning Commission Meeting (on file in the Office of the City Clerk) Jan. 27, 2026 Item #9 Page 37 of 42 Docusign Envelope ID: E3BCE7EA-F4DF-48F6-A02E-E9066AFD25FB 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. Exhibit 8 Jan. 27, 2026 Item #9 Page 38 of 42 Docusign Envelope ID: E3BCE7EA-F4DF-48F6-A02E-E9066AFD25FB 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 Jan. 27, 2026 Item #9 Page 39 of 42 Docusign Envelope ID: E3BCE7EA-F4DF-48F6-A02E-E9066AFD25FB 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 Jan. 27, 2026 Item #9 Page 40 of 42 Docusign Envelope ID: E3BCE7EA-F4DF-48F6-A02E-E9066AFD25FB 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 Jan. 27, 2026 Item #9 Page 41 of 42 Docusign Envelope ID: E3BCE7EA-F4DF-48F6-A02E-E9066AFD25FB Exhibit 9 LCPA 2025-0023, ZCA 2025-0001, MCA 2025-0002 (PUB 2025-0009) 2025 Accessory Dwelling Unit Amendment Several new laws have been enacted, including AB 2533 and SB 1211, which significantly impact ADU development. The maximum ADU size and the total number of ADUs allowed for one-family dwelling lots and two-family dwelling/multiple-family dwelling lots are provided on the table below. The state ADU law changes that took effect Jan. 1, 2026, do not change the required standards listed below. ADU/JADU Maximum Size Total Number Allowed One-Family Dwelling Lots Attached ADU (new construction) 50% of the total floor area of dwelling or 1,200 sq. ft., whichever is less but not less than 800 sq. ft. One * Detached ADU Up to 1,200 sq. ft. (meeting applicable standards such as setback, floor area, lot coverage, etc.), or up to 800 sq. ft. pursuant to Gov. Code Section 66323 One * Conversion ADU (Within one-family dwelling/accessory structure) Must be fully within the dwelling/ accessory structure (can expand 150 sq. ft. for ingress/egress only) One JADU 500 sq. ft. One * One (1) conversion ADU, One (1) attached or detached ADU and One (1) JADU for a maximum of two ADUs and one JADU (3 Units) on a one-family dwelling unit lot. Two-Family Dwelling/Multiple-Family Dwelling Lot Conversion ADUs Fully within non-livable area of the existing two-family/multiple-family dwelling/accessory structure (e.g. garage, attics or basements) One (or 25% of the total number of existing dwelling units) Detached ADUs None Eight for existing multiple-family dwelling lots** Two for proposed two-family or multiple-family dwelling lots** JADU N/A 0 – Not allowed **The total number of detached ADUs cannot exceed the total number of two-family dwelling / multiple-family dwelling units Jan. 27, 2026 Item #9 Page 42 of 42 Docusign Envelope ID: E3BCE7EA-F4DF-48F6-A02E-E9066AFD25FB Adriana Trujillo All Receive - Agenda Item # cl For the Information of the: CITY COUNCIL Date lit117-7 CA v"—CC CM ACM ‘---DCM (3) From: James Lloyd <james@calhdforg> Sent: Tuesday, January 27, 2026 1:12 PM To: Council Internet Email; Keith Blackburn; Melanie Burkholder; Priya Bhat-Patel; Teresa Acosta; Kevin Shin Cc: Manager Internet Email; Cindie McMahon; City Clerk; Planning Subject: public comment re item 9 for tonight's Council meeting Attachments: Carlsbad - ADU Ordinance - 27 Jan 2026 - CC.pdf Dear Carlsbad City Council, The California Housing Defense Fund ("CaltIDF") submits this letter regarding the proposed amendments to the City's accessory dwelling unit ("ADU") ordinance, which are calendared as agenda item 9 for the January 27, 2026 Council meeting. CalHDF is disappointed that the City disregarded our comments that we provided to the Planning Commission regarding this ordinance. The City may not rely on its Local Coastal Program to restrict or encumber ADU development outside the Coastal Zone. Sincerely, James M. Lloyd Director of Planning and Investigations California Housing Defense Fund jamesPcalhdf_o_rg CalHDF is grant & donation funded Donate today - https://calhdf.org/donate/ CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Jan 27, 2026 City of Carlsbad 30111 Crown Valley Parkway Laguna Niguel, California 92677 By Email: council@carlsbadca.gov; keith.blackburn@carlsbadca.gov; melanie.burkholder@carlsbadca.gov; priya.bhat-patel@carlsbadca.gov; teresa.acosta@carlsbadca.gov; kevin.shin@carlsbadca.gov CC: manager@carlsbadca.gov; cindie.mcmahon@carlsbadca.gov; clerk@carlsbadca.gov; planning@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 agenda item 9 for the January 27, 2026 Council meeting. 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. CalHDF is disappointed that the City has chosen to disregard our comments, which we provided to the Planning Commission for this proposed ordinance. The staff report for this item provides the following: Staff responded during the Planning Commission hearing by explaining that the standards were, in fact, valid as part of the city’s Local Coastal Program and documents that it references. In general, where Local Coastal Program policies directly conflict with the new statutory provisions of ADU law, or require refinement to be consistent with those laws, those policies should be updated to be consistent with the new ADU provisions to the greatest extent feasible while still complying with the requirements off the California Coastal Act. However, the city’s draft ordinance received a preliminary review by Housing and Community Development staff to 2201 Broadway, PH1, Oakland, CA 94612 hi@calhdf.org identify conflicts with state ADU law. HCD staff indicated that the local ordinance has been “harmonized” with state ADU law and no additional changes are warranted. The proposed ordinance applies citywide. However, the coastal zone only covers a portion of the City, and state law only allows such harmonization within the coastal zone. Government Code section 30500.5 (emphasis added): (a) By July 1, 2026, the commission shall, in coordination with the Department of Housing and Community Development, develop and provide guidance for local governments to facilitate the preparation of amendments to a local coastal program to clarify and simplify the permitting process for accessory dwelling units and junior accessory dwelling units, as defined in Section 66313 of the Government Code, within the coastal zone. The City must amend its ordinance so that outside the coastal zone it is fully compliant with state ADU law, including but not limited to Government Code section 66323. 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).”].) 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.” 2 of 5 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.). 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. 3 of 5 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. ⧫⧫⧫ 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. 4 of 5 Sincerely, Dylan Casey CalHDF Executive Director James M. Lloyd CalHDF Director of Planning and Investigations 5 of 5 2025 Accessory Dwelling Unit Amendment Shelley Glennon, Associate Planner Community Development January 27, 2026 PROCEDURES 1.Staff Presentation 2.City Council questions on staff presentation 3.Open public testimony 4.Close public testimony 5.Staff response (if necessary) 6.City Council discussion 7.City Council vote 2 3 PROJECT OVERVIEW ITEM 9: 2025 ADU AMENDMENT Compliance with State ADU law and the city’s Housing Element Program 1.2 a. Reflect state ADU legislation effective as recent as Jan. 1, 2025 (SB 477, SB 1211 and AB 2533) Zone Code & Local Coastal Program (LCP) Amendments (Title 21) Municipal Code Amendment to Title 6 and 20 4 PROPOSED AMENDMENTS ITEM 9: 2025 ADU AMENDMENT 1.Maximum Size 2.Number & Location 3.Parking 4.Height 5.Architectural Review 6.Notice of Restriction/Deed Restriction 7.Other Standards 5 AMENDMENT 1 ITEM 9: 2025 ADU AMENDMENT 1 of 7 Maximum Size Requirement “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. 6 AMENDMENT 2 ITEM 9: 2025 ADU AMENDMENT 2 of 7 Number and Location •Max. Number: Subject to Gov. Code Sections 66314 and 66323 o Max. 3 units (1 JADU, 1 converted ADU, and 1 attached or detached ADU) on a one-family lot o Max. 8 detached ADUs on existing multiple-family lot •Location: Reinforce engineering requierment for adequate water and sewer services for ADU development 7 AMENDMENT 3 •Adds additional parking replacement exemption for uncovered parking spaces •Exemption applies to any parking space removed not just parking that served the primary dwelling. ITEM 9: 2025 ADU AMENDMENT 3 of 7 Parking Replacement Exemption 8 AMENDMENT 4 •Provides 2 ft. height allowance for detached ADUs near high-quality transit corridors (Max 18 ft. from 16 ft.) •Removes one-story maximum requirement (max. height limit still applies) ITEM 9: 2025 ADU AMENDMENT 4 of 7 Maximum Height Requirements 9 AMENDMENT 5 •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 9: 2025 ADU AMENDMENT 5 of 7 Architectural Review Exemption 10 AMENDMENT 6 •Replace Notice of Restriction for all ADUs/JADUs with Deed Restriction for JADUs only •Both formats neither add nor remove Gov. Code requirements ITEM 9: 2025 ADU AMENDMENT 6 of 7 Notice of Restriction/Deed Restriction 11 AMENDMENT 7 •Conflicting standards: State law/certified LCP shall prevail over Zoning ordinance. •Existing roof deck prohibition applies to detached and attached ADUs. •Updated Government Code references in Title 21 (Zone Code), Title 20 and Title 6. ITEM 9: 2025 ADU AMENDMENT 7 of 7 Other Standards 12 PUBLIC COMMENT RECEIVED ITEM 9: 2025 ADU AMENDMENT •California Housing Defense Fund (CalHDF) provided a comment letter with three comments. •Coastal Zone Standard vs. Citywide Standards •State HCD Concurrence •No changes warranted 13 PLANNING COMMISSION ITEM 9: 2025 ADU AMENDMENT Nov. 19, 2025 – The Planning Commission voted 7-0-0, to recommend the City Council approve the proposed Zoning Ordinance Amendment (Title 21) and Local Coastal Program Amendment Received Municipal Code Amendments to Title 6 and 20 for informational purposes only 14 ENVIRONMENTAL STATEMENT The 2025 ADU Amendment CEQA Determination: •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 9: 2025 ADU AMENDMENT 15 NEXT STEPS ITEM 9: 2025 ADU AMENDMENT 2nd Reading - Ordinances effective 30 days after adoption Submit adopted ordinances to HCD for 2nd review Submit LCPA application to the California Coastal Commission 16 RECOMMENDED ACTION ITEM 9: 2025 ADU AMENDMENT 1.Adopt a resolution approving: •CEQA Exemption Determination •Request for California Coastal Commission Certification of a Local Coastal Program Amendment (LCPA) 2.Introduce an Ordinance Adopting: •Zone Code Amendment / LCPA (Title 21) 3.Introduce an Ordinance Adopting: •Municipal Code Amendment (Title 8 and 20) 2025 Accessory Dwelling Unit Amendment Shelley Glennon, Associate Planner Community Development Jan. 27, 2026 ITEM 9: 2025 ADU AMENDMENT