HomeMy WebLinkAbout2026-02-03; City Council; 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 CAR...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
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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
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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
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