HomeMy WebLinkAbout2026-02-03; City Council; 03; Adoption of Ordinance Nos. CS-506 and CS-507, 2025 Accessory Dwelling Unit AmendmentsCA Review CKM
Meeting Date: Feb. 3, 2026
To: Mayor and City Council
From: Geoff Patnoe, City Manager
Staff Contact: Morgen Fry, Assistant City Clerk
morgen.fry@carlsbadca.gov, 442-339-2808
Subject: Adoption of Ordinance Nos. CS-506 and CS-507, 2025 Accessory Dwelling
Unit Amendments
Districts: All
Recommended Action
1)Adopt Ordinance No. CS-506 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; and
2)Adopt Ordinance No. CS-507 adopting amendments to Title 6, Health and Sanitation, and
Title 20, Subdivisions, of the Carlsbad Municipal Code, to ensure consistency with state law
related to accessory dwelling units and junior accessory dwelling units.
Executive Summary
The recommended actions adopt ordinances adopting amendments to Title 21, Zoning Code,
Title 6, Health and Sanitation, and Title 20, Subdivisions, of the Carlsbad Municipal Code to
ensure consistency with state law related to accessory dwelling units and junior accessory
dwelling units.
Explanation & Analysis
Ordinance Nos. CS-506 and CS-507 were introduced and first read at the City Council meeting
held on Jan. 27, 2026.
On a motion by Mayor Pro-Tem Bhat-Patel, seconded by Council Member Acosta, the City
Council voted 5-0 to introduce Ordinance No. CS-506 adopting amendments to Title 21 of the
Carlsbad Municipal Code – the Zoning Code – and the Local Coastal Program to ensure
consistency with state law related to accessory dwelling units and junior accessory dwelling
units
On a motion by Mayor Pro-Tem Bhat-Patel, seconded by Council Member Acosta, the City
Council voted 5-0 to introduce Ordinance No. CS-507 adopting amendments to Title 6, Health
and Sanitation, and Title 20, Subdivisions, of the Carlsbad Municipal Code, to ensure
Feb. 3, 2026 Item #3 Page 1 of 16
Docusign Envelope ID: 46DD88CF-6AF4-44D4-88CC-FE83FC69F78B
consistency with state law related to accessory dwelling units and junior accessory dwelling
units.
This second reading allows the City Council to adopt ordinances.
Fiscal Analysis
There is no anticipated fiscal impact from this action.
Next Steps
The City Clerk’s Office shall certify the adoption of the ordinances and will have the full text of
the ordinances, or a summary of the ordinances prepared by the City Attorney, published in a
newspaper of general circulation within 15 days following the adoption of the ordinances.
For properties outside the Coastal Zone, Ordinance No. CS-506 will be effective 30 days after its
adoption. For properties within the Coastal Zone, the ordinance will be effective 30 days after
its adoption or upon Coastal Commission approval of a Local Coastal Program Amendment,
LCPA 2025-0023, whichever occurs later. Ordinance No. CS-507 will be effective 30 days after
its adoption.
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.).
Exhibits
1.Ordinance No. CS-506
2.Ordinance No. CS-507
Feb. 3, 2026 Item #3 Page 2 of 16
Docusign Envelope ID: 46DD88CF-6AF4-44D4-88CC-FE83FC69F78B
Exhibit 1
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
Feb. 3, 2026 Item #3 Page 3 of 16
Docusign Envelope ID: 46DD88CF-6AF4-44D4-88CC-FE83FC69F78B
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; and
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-
Feb. 3, 2026 Item #3 Page 4 of 16
Docusign Envelope ID: 46DD88CF-6AF4-44D4-88CC-FE83FC69F78B
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.
Feb. 3, 2026 Item #3 Page 5 of 16
Docusign Envelope ID: 46DD88CF-6AF4-44D4-88CC-FE83FC69F78B
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
Feb. 3, 2026 Item #3 Page 6 of 16
Docusign Envelope ID: 46DD88CF-6AF4-44D4-88CC-FE83FC69F78B
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
Feb. 3, 2026 Item #3 Page 7 of 16
Docusign Envelope ID: 46DD88CF-6AF4-44D4-88CC-FE83FC69F78B
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.
Feb. 3, 2026 Item #3 Page 8 of 16
Docusign Envelope ID: 46DD88CF-6AF4-44D4-88CC-FE83FC69F78B
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.
Feb. 3, 2026 Item #3 Page 9 of 16
Docusign Envelope ID: 46DD88CF-6AF4-44D4-88CC-FE83FC69F78B
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.
Feb. 3, 2026 Item #3 Page 10 of 16
Docusign Envelope ID: 46DD88CF-6AF4-44D4-88CC-FE83FC69F78B
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
regard to geologic setback, public view encroachment, coastal access, or habitat
Feb. 3, 2026 Item #3 Page 11 of 16
Docusign Envelope ID: 46DD88CF-6AF4-44D4-88CC-FE83FC69F78B
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
to be published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen
days after its adoption.
Feb. 3, 2026 Item #3 Page 12 of 16
Docusign Envelope ID: 46DD88CF-6AF4-44D4-88CC-FE83FC69F78B
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 3rd day of February, 2026, by the following vote, to wit:
AYES: Blackburn, Bhat-Patel, Acosta, Burkholder, Shin.
NAYS: None.
ABSTAIN: None.
ABSENT: None.
APPROVED AS TO FORM AND LEGALITY:
_________________________________
CINDIE K. McMAHON, City Attorney
_______________________________________
KEITH BLACKBURN, Mayor
_______________________________________
SHERRY FREISINGER, City Clerk
(SEAL)
Feb. 3, 2026 Item #3 Page 13 of 16
Docusign Envelope ID: 46DD88CF-6AF4-44D4-88CC-FE83FC69F78B
Exhibit 2
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, SUBDIVISIONS, 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; and
WHEREAS, the City Council of the City of Carlsbad held a duly noticed public hearing
asprescribed 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.
Feb. 3, 2026 Item #3 Page 14 of 16
Docusign Envelope ID: 46DD88CF-6AF4-44D4-88CC-FE83FC69F78B
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.
Feb. 3, 2026 Item #3 Page 15 of 16
Docusign Envelope ID: 46DD88CF-6AF4-44D4-88CC-FE83FC69F78B
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 3rd day of February, 2026, by the following vote, to wit:
AYES: Blackburn, Bhat-Patel, Acosta, Burkholder, Shin.
NAYS: None.
ABSTAIN: None.
ABSENT: None.
APPROVED AS TO FORM AND LEGALITY:
_________________________________
CINDIE K. McMAHON, City Attorney
_______________________________________
KEITH BLACKBURN, Mayor
_______________________________________
SHERRY FREISINGER, City Clerk
(SEAL)
Feb. 3, 2026 Item #3 Page 16 of 16
Docusign Envelope ID: 46DD88CF-6AF4-44D4-88CC-FE83FC69F78B
All Receive - Agenda Item # 97
For the Information of the:
CITY COUNCIL
Date 7-13)1-40 CA 6,-"" CC
CM v .-ACM v"-DCM (3)
Adriana Trujillo
From: Adam Hardesty <adamdhardesty@gmail.com>
Sent: Tuesday, February 3, 2026 12:55 PM
To: City Clerk
Cc: Adam Hardesty
Subject: CARLSBAD - City Council Meeting February 3rd 2026
Attachments: Carlsbad - City Council Meeting 20260203.pdf
Dear Clerk,
Thank you for your assistance and the work you do for the City. Please find the attached comment that I'd like
submitted and entered into tonight's City Council meeting.
Please let me know if you need anything else or prefer another format.
Thank you,
Adam
CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content
safe.
1
Adam Hardesty
4046 Peninsula Drive
Carlsbad, CA 92010
February 3, 2026
City of Carlsbad
Council Chamber
1200 Carlsbad Village Drive
Carlsbad, CA 92008
Dear Mayor and Members of the City Council,
First and foremost, I am writing to sincerely thank the City of Carlsbad, the City Council,
and staff for the significant work you do on behalf of the community. I especially want to
commend the City for its continued efforts to align local policy with statewide accessory
dwelling unit (ADU) law and the Legislature's clear intent to expand housing opportunities
throughout California.
The City's proactive approach to updating its codes and procedures to remain consistent
with state mandates, public policy, and adopted planning documents reflects thoughtful
leadership and a commitment to good governance. These efforts are not always easy, and I
recognize that they often occur in the face of competing viewpoints and public pressure.
There certainly is no shortage of opinions, and I appreciate your diligence in staying the
course.
I understand that some members of the public may attend tonight's and upcoming
meetings to oppose the City's ADU initiatives. I respectfully wish to note that public opinion
and pressure should not interfere with, delay, or obstruct the lawful creation of ADUs. To do
so would also interfere with the City's obligation to comply with statewide housing
mandates, existing law, the City's General Plan and Housing Element, and matters that are
currently the subject of active litigation. The City's adherence to these requirements is not
only prudent but necessary. With that said, everyone is welcome to their opinion.
Thank you again for your leadership, professionalism, and dedication to serving Carlsbad. I
am genuinely appreciative of the work you do and look forward to many years under your
continued stewardship of the City.
With sincere gratitude,
Adam Hardesty