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HomeMy WebLinkAbout2018-01-23; City Council; ; ZCA 2016-0001/LCPA 2016-0001-Second Dwelling Unit Code AmendmentCA Review _CK, ~ CITY COUNCIL ~ Staff Report Meeting Date: To: From: Staff Contact: Subject: Project Name: Project No.: January 23, 2018 Mayor and City Council Kevin Crawford, City Manager Corey Funk, Associate Planner corey.funk@carlsbadca.gov or 760-434-4645 Introduction of an Ordinance acknowledging receipt of the California Coastal Commission's Resolution of Certification including suggested modifications for LCPA 2016-0001 (Second Dwelling Unit Code Amendment), and approving the associated suggested modifications to the Zoning Ordinance and Local Coastal Program. Second Dwelling Unit Code Amendment ZCA 2016-0001/LCPA 2016-0001 (PUB16Y-0002) Recommended Action That the City Council hold a public hearing and Introduce an Ordinance acknowledging receipt of the California Coastal. Commission's Resolution of Certification including suggested modifications for LCPA 2016-0001-Second Dwelling Unit Code Amendment, and approving the suggested modifications to the city's Local Coastal Program implementation plan (Zoning Ordinance). Executive Summary On September 26, 2017, the City Council adopted Ordinance No. CS-324, approving ZCA 2016- 0001/LCPA 2016-0001-Second Dwelling Code Amendment. The ordinance amended the city's Zoning Ordinance and Local Coastal Program to ensure the city's accessory dwelling unit regulations are consistent with the changes to California Government Code Section 65852.2 made by Assembly Bill 2299 and Senate Bill 1069. Although approved by the City Council, the amendments are not effective within the Coastal Zone until the California Coastal Commission approves LCPA 2016-0001 and the Commission's approval becomes effective. On December 13, 2017, the Coastal Commission approved LCPA 2016-0001 with suggested modifications. The Coastal Commission's approval of LCPA 2016-001 will not become effective until the Commission certifies that the city has amended its Local Coastal Program pursuant to the suggested modifications. Subsequent to the City Council's action on CS-324, the Governor signed into law a package of housing bills passed by the California Legislature. Among the bills was "clean-up" legislation (AB 494 and SB 229) to clarify various provisions of the accessory dwelling unit law passed in 2016. The Coastal Commission's suggested modifications incorporate the changes needed to be consistent with the latest law. Jan. 23, 2018 Item #6 Page 1 of 12 Discussion The Coastal Commission's suggested modifications to LCPA 2016-001 are described below and are reflected in the attached ordinance (Exhibit 1). An underline-strikeout version of the suggested modifications is included with Exhibit 2. TABLE A -COASTAL COMMISSION SUGGESTED MODIFICATIONS TO LCPA 2016-001 Ref. No. Suggested Modification Reason for Suggested Modification Ordinance No. CS-324 specifies that detached ADUs are limited to one story, except that ADUs constructed above detached garages are permitted and must comply with applicable height limits. Require ADUs constructed 1. above detached garages to be The regulations do not specify a story limit for limited to a maximum of two ADUs constructed above a detached garage. The stories, including the garage. height limit in the Multiple-Family Residential (R- 3) Zone and Residential Density-Multiple (RD-M) Zone allows for three story structures; however, for ADUs constructed above a.detached garage, the intent is not to allow more than two stories (including both the ADU and garage). Ordinance No. CS-324 requires a minimum building setback of five feet from side and rear lot lines for ADUs constructed above an existing detached garage that existed prior to Jan 1, 2017 Remove the Jan 1, 2017 date (the effective date of AB 2299). 2. criterion regarding existing The Coastal Commission's interpretation of state detached garages. law is that the minimum five foot setback applies to ADUs constructed above detached garages that existed as of the effective date of AB 2299, as well as those that may be constructed after that date. Per state law, Ordinance No. CS-324 does not require compliance with required building setbacks when an ADU is created from the conversion of, or above, existing garages or accessory structures. Require compliance with 3. habitat preserve buffers and The Coastal Commission raised concerns geologic stability setbacks. regarding ADUs created from the conversion of, or above, existing garages/structures that are nonconforming with regard to required buffers from sensitive habitat and geologic stability setbacks. Jan. 23, 2018 Item #6 Page 2 of 12 Ref. No. Suggested Modification Reason for Suggested Modification Conversion of, or construction on top of, a garage/structure would extend the life expectancy and economic value of the nonconforming structure, exacerbating the degree of nonconformity. Clarify that the coastal development permit exemption does not apply to the following: • Conversion of detached Coastal Act Section 30610 specifies the type of accessory structures into development that does not require a coastal development permit. Consistent with the AD Us. Coastal Act, Ordinance No. CS-324 specifies • ADUs created within or 4: directly attached to an when ADU projects do not require a coastal existing single family development permit. residence that is The Coastal Commission suggests modifications nonconforming with to clarify when an ADU is not exempt from a respect to habitat preserve coastal development permit. buffers or geologic stability setbacks. • ADUs that would encroach into an environmentally sensitive habitat area. Assembly Bill 494 and Senate Bill 229(signed into Specify that parking for an law in Sept. 2017) made additional changes to ADU shall not be required if Government Code Section 65852.2 that go into 5. the ADU is part of an existing effect on Jan. 1, 2018. To ensure consistency or proposed primary dwelling with AB 494/SB 229, one of the suggested or accessory structure. modifications pertains to ADU parking requirements. With the City Council's action to approve the suggested modifications, the city's accessory dwelling unit ordinance will be fully consistent with state law requirements of AB 2299/SB 1069, as well as latest amendments contained in AB 494/SB229. Fiscal Analysis There is no anticipated fiscal impact. Next Steps City staff will submit evidence to the California Coastal Commission that the suggested modifications were received and acted on by the City Council, after which, at the next regularly scheduled Coastal Commission hearing, the Executive Director of the Coastal Commission will make a determination that the suggested modifications have been implemented. Jan. 23, 2018 Item #6 Page 3 of 12 Environmental Evaluation (CEQA) Acceptance and approval ofthe Coastal Commission's suggested modifications is exempt from the California Environmental Quality Act (CEQA), pursuant to CEQA Guidelines Section 15265(a)(l), which states: (a) CEQA does not apply to activities and approvals pursuant to the California Coastal Act (commencing with Section 30000 of the Public Resources Code) by: (1) Any local government, as defined in Section 30109 of the Public Resources Code, necessary for the preparation and adoption of a local coastal program. Public Notification Information regarding public notifications of this item such as mailings, public hearing notices posted in the newspaper and on the city website are available in the Office of the City Clerk. Exhibits 1. City Council Ordinance 2. Letter from the California Coastal Commission certifying its approval of LCPA 2016-0001 including the suggested modifications Jan. 23, 2018 Item #6 Page 4 of 12 ORDINANCE NO. CS-330 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ACKNOWLEDGING RECEIPT OF THE CALIFORNIA COASTAL COMMISSION'S RESOLUTION OF CERTIFICATION INCLUDING SUGGESTED MODIFICATIONS FOR LCPA 2016-0001, AND APPROVING THE ASSOCIATED SUGGESTED MODIFICATIONS TO THE ZONING ORDINANCE AND LOCAL COASTAL PROGRAM. CASE NAME: CASE NO.: SECOND DWELLING UNIT CODE AMENDMENT ZCA 2016-0001/LCPA 2016-0001 (PUB16Y-0002) EXHIBIT 1 WHEREAS, on September 26, 2017, the City Council adopted Ordinance No. CS-324, approving ZCA 2016-0001/LCPA 2016-0001-Second Dwelling Unit Code Amendment; and WHEREAS, the Carlsbad Zoning Ordinance is the implementing ordinance of the Carlsbad Local Coastal Program, and therefore, an amendment to the Zoning Ordinance also constitutes an amendment to the Local Coastal Program; and WHEREAS, the California Coastal Act requires Coastal Commission certification of any local coastal program amendment; and WHEREAS, on September 28, 2017, the city submitted an application to the Coastal Commission requesting to amend the Carlsbad Local Coastal Program pursuant to LCPA 2016-0001; and WHEREAS, on December 13, 2017, the California Coastal Commission approved the city's Local Coastal Program Amendment (LCPA 2016-0001); and on December 26, 2017, the city received a letter dated December 20, 2017 from the California Coastal Commission that certifies (resolution of certification) the Coastal Commission's approval of the city's Local Coastal Program amendment (LCPA 2016-0001), subject to suggested modifications; and WHEREAS, the California Coastal Commission's approval of LCPA 2016-0001 will not become effective until the Commission certifies that the city has amended its Local Coastal Program pursuant to the Commission's suggested modifications; and WHEREAS, the City Council did on the day of January 23, 2018, hold a duly noticed public hearing as prescribed by law to consider the Coastal Commission's suggested modifications. NOW, THEREFORE, the City Council ofthe City of Carlsbad, California, ordains as follows: l. The above recitations are true and correct. 2. That subsections D.5 and D.6 of section 21.10.030 of the Carlsbad Municipal Code are amended as follows: Jan. 23, 2018 Item #6 Page 5 of 12 5. Attached accessory dwelling units shall conform to the height limits applicable to the zone and detached accessory dwelling units shall be limited to one story, except that accessory dwelling units constructed above detached garages shall be permitted and shall conform to the height limits applicable to the zone. Structures that contain accessory dwelling units located above detached garages shall be limited to a maximum of two stories including the garage. Roof decks shall not be permitted on detached accessory dwelling units. 6. No setback shall be required for an existing garage that is converted to an accessory dwelling unit, and a setback of no more than five feet from the side and rear lot lines shall be required for an accessory dwelling unit that is constructed above a garage. However, within the coastal zone, an existing garage that is converted to an accessory dwelling unit or an accessory dwelling unit that is constructed above a garage shall be consistent with all habitat preserve buffers and geologic stability setbacks in the certified local coastal program. 3. That subsection D.10.b.i of section 21.10.030 of the Carlsbad Municipal Code is amended as follows: i. The accessory dwelling unit is part of the proposed or existing primary dwelling unit or accessory structure. 4. That subsection 8.1 of section 21.201.060 of the Carlsbad Municipal Code is amended as follows: B. Exemptions. The following projects are exempt from the requirements of a minor coastal development permit and coastal development permit: 1. Improvements to an existing single-family residential building, including an accessory dwelling unit that is attached to the primary residence, or converted from the existing space of a primary residence or attached accessory structure, except: a. On a beach, wetland or seaward of the mean high tide line; Jan. 23, 2018 Item #6 Page 6 of 12 b. Where the residence or proposed improvement would encroach in an environmentally sensitive habitat area or within fifty feet of the edge of a coastal bluff; c. Improvements that would result in an increase of ten percent or more of internal floor area of an existing structure or an additional improvement of ten percent or less where an improvement to the structure had previously been undertaken pursuant to Public Resources Code Section 30610{a), or an increase in height by more than ten percent of an existing structure and/or any significant nonattached structure such as garages, fences, shoreline protective works or docks, and such improvements are on property located: i. Between the sea and the first public road paralleling the sea; ii. Within three hundred feet of the inland extent of any beach or of the mean high tide of the sea where there is no beach, whichever is the greater distance; or iii. In significant scenic resources areas as designated by the Commission. d. Any significant alteration of land forms including removal or placement of vegetation on a beach, wetland, or sand dune, or within fifty feet of the edge of a coastal bluff except as provided in subsections B.8, B.9, B.10 and B.11 of this section; e. Expansion or construction of water wells or septic systems. f. Improvements to establish an accessory dwelling unit that is attached to the primary residence, or converted from the existing space of a primary residence or attached accessory structure where such primary residence or attached accessory structure is nonconforming with respect to habitat preserve buffers or geologic stability setbacks in the certified local coastal program. EFFECTIVE DATE: The approval of this ordinance shall not be effective until the Executive Director of the California Coastal Commission certifies that implementation of LCPA 2016-0001 will be consistent with the Coastal Commission's approval of LCPA 2016-0001 with suggested modifications. Jan. 23, 2018 Item #6 Page 7 of 12 INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the 23rd day of January, 2018, and thereafter PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the __ day of __ , 2018, by the following vote, to wit: AYES: NOES: ABSENT: APPROVED AS TO FORM AND LEGALITY: CELIA A. BREWER, City Attorney MATT HALL, Mayor BARBARA ENGLESON, City Clerk (SEAL) Jan. 23, 2018 Item #6 Page 8 of 12 December 20, 2017 Page 3 CITY OF CARLSBAD LCP AMENDMENT NO. LCP-6-CAR-17-0055-2 ACCESSORY DWELLING UNITS SUGGESTED MODIFICATIONS ADOPTED BY COASTAL COMMISSION (ON DECEMBER 13, 2017) I. Modify Section 21.10.030-Accessory Dwelling Units, Subsection "D" - Requirements for accessory dwelling units, as follows: 5. Attached accessory dwelling units shall conform to the height limits applicable to the zone and detached accessory dwelling units shall be limited to one story, except that accessory dwelling units constructed above detached garages shall be permitted and shall conform to the height limits applicable to the zone. Structures that contain accessory dwelling units located above detached garages shall be limited to a maximum of two stories including the garage. Roof decks shall not be permitted on detached accessory dwelling units. 2. Modify Section 21.10.030-Accessory Dwe\ling Units, Subsection "D" - Requirements for accessory dwelling units, as follows: · 6. No setback shall be required for an existing garage that is converted to an accessory dwelling unit, and a setback of no more than five feet from the side and rear lot lines shall be required for an accessory dwelling unit that is constructed above a garage that existed prior to January 1, 2017. However, within the coastal zone, an existing garage that is converted to an accessory dwelling unit or an accessory dwelling unit that is constructed above a garage shall be consistent with all habitat preserve buffers and geologic stability setbacks in the certified local coastal program. 3 .. Modify Section 21.201.060 -Exemptions and categorical exclusions from minor coastal development permit and coastal development permit procedures, Subsection "B" -Exemptions, as follows: B. Exemptions. The following projects are exempt from the requirements of a minor coastal development permit and coastal development permit: · 1. Improvements to an existing single-family residential building, including an accessory dwelling unit that is attached to the primary residence, or converted from the existing space of a primary residence or attached accessory structure, except: a. On a beach, wetland or seaward of the mean high tide line; b. Where the residence or proposed improvement would encroach in an environmentally sensitive habitat area or within fifty feet of the edge of a coastal bluff; ··-· -~ ' Jan. 23, 2018 Item #6 Page 11 of 12 December 20, 2017 Page4 c. Improvements that would result in an increase of ten percent or more of internal floor area of an existing structure or an additional improvement of ten percent or less where an improvement to the structure had previously been undertaken pursuant to Public Resources Code Section 30610(a), or an increase in height by more than ten percent of an existing structure and/or any significant nonattached structure such as garages, fences, shoreline protective works or docks, and such improvements are teon property located: [ ... ] e. Expansion or construction of water wells or septic systems-:-_;_ f. Improvements to establish an accessory dwelling unit that is attached to the primary residence, or converted from the existing space of a primary residence or attached accessory structure where such primary residence or attached accessory structure is nonconforming with respect to habitat preserve buffers or geologic stability setbacks in the certified local coastal program. 4. Modify Section 21·.10. 03 0 -Accessory Dwelling Units, Subsection "D" - Requirements for accessory dwelling units, as follows: 1 o,-Parking for the primary dwelling unit and the accessory dwelling unit shall be provided pursuant to Chapter 21.44 of this title, except as follows: a. [ ... ] b. Parking for· an accessory dwelling unit shall not be required in the following instances: 1. The accessory dwelling unit is proposed to be converted from the part of the proposed or existing space ofthe primary dwelling unit or aft-accessory structure. Jan. 23, 2018 Item #6 Page 12 of 12 AFFIDAVIT OF MAILING NOTICE OF PUBLIC. HEARING TO: CITY CLERK DATE OF PUBLIC HEARING: / /J-3 /Jf? _________ _ susJECT: &w Bti. loQ o~f"t t W frr0,. 0-nu,, a£ LocAT10N: /d [D Cc A ~~ /), I /cw-,-1G. . DATE NOTICES MAILED TO PROPERTY OWNERS: ----------,7 ·7 NUMBER MAILED: -=> --~---- I declare under penalty of perjury under the laws of the State of California that I am employed by the City of Carlsbad and the foregoing is true and correct. CITY CLERK'S OFFICE J n1~'-(Signature) (Date) SENT TO FOR PUBLICATION VIA E-MAIL TO: 0 ~ion Tribune IB Coast News PUBLICATION DATE: Union Tribune -------------- Coast News_~/~/~q _____ /~/~,g:~------- I declare under penalty of perjury under the laws of the State of California that I am employed by the City of Carlsbad in the City Clerk's Office and the foregoing is true and correct. \ A · Date: L/sh S> \Jun1QAQ. k711 ~~ (Signature) . Attachments: 1) Mailing Labels 2) Notice w/ attachments NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you, because your interest may be affected, that the City Council of the City of Carlsbad will hold a public hearing at the Council Chamber, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Tuesday, January 23, 2018, to consider approving a Zoning Code Amendment and Local Coastal Program Amendment to make the city's regulation of second dwelling units (now known as accessory dwelling units) consistent with the changes to Government Code Section 65852.2 made by Assembly Bill 2299 (Bloom) and Senate Bill 1069 (Wieckowski). Whereas, on July 17, 2017 the City of Carlsbad Planning Commission voted 5-0-2 (Rodman and Siekmann absent) to recommend approval of a Zoning Code Amendment and Local Coastal Program Amendment to make the city's regulation of second dwelling .units (now known as accessory dwelling units) consistent with the changes to Government Code Section 65852.2 made by Assembly Bill 2299 (Bloom) and Senate Bill 1069 (Wieckowski). The City Planner has determined that this project is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 21080.17 of the Public Resources Code and Section 15282(h) of the CEQA Guidelines, in that Division 13 of the Public Resources Code (CEQA) does not apply to the adoption of an ordinance by a city or county to implement the provisions of Section 65852.1 or Section 65852.2 of the Government Code. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the staff report will be available on and after Thursday, January 18, 2018. If you have any questions, please contact Corey Funk in the Planning Division at (760) 602-4645 or corey.funk@carlsbadca.gov. If you challenge the Zone Code Amendment and/or the Local Coastal Program Amendment in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad, Attn: City Clerk's Office, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, at or prior to the public hearing. CASE FILE: ZCA 2016-0001/LCPA 2016-0001 (PUB16Y-0002) CASE NAME: SECOND DWELLING UNIT CODE AMENDMENT PUBLISH: FRIDAY, JANUARY 12, 2018 CITY OF CARLSBAD CITY COUNCIL CITY OF CARLSBAD NOTICE OF PUBLIC HEARISG NOTICE IS HEREBY GIVEN to you, because your interest may be affected, that the City Council of the City of Carlsbad will hold a public hearing at the Council Cham- ber, 1200 Carlsbad Village Dri\'e, Carlsbad, California, at 6:00 p.m. on Tuesday, January 23, 2018, to consider approving a Zoning Code Amendment and Local Coastal Program Amendment to make the city's regulation of second dwelling units (now known as acces- sory dwelling units) consistent with the changes to Government Code Section 65852.2 made by Assembly Bill 2299 (Bloom) and Senate Bill 1069 (\"i'ieckow~ki). \\'hereas, on July 17, 2017 the City of Carlsbad Planning Commission voted 5-0-2 (Rod- man and Siekmann absent) to recommend approval of a Zoning Code Amendment and Local Coastal Program Amendment to make the city's regulation of second dwelling units (now known as accessory dwelling units) consistent with the changes to Govern- ment Code Section 65852.2 made by Assembly Bill 2299 (Bloom) and Senate Bill 1069 (Wieckowski). The City Planner has determined that this project is statutorily exempt from the requirements of the California £m,ironmental Quality Act (CEQA) pursuant to Sectiori 21080.17 of the Public Resources Code and Section 15282(h) of the CEQA Guidelines, in that Division 13 of the Public Resources Code (CEQA) does not apply to the adoption of an ordinance by a city or county to implement the provisions of Section 65852.1 or Section 65852.2 of the Government Code. Those persons wishing to speak on this proposal arc cordially invited to attend the pub- lic hearing. Copies of the staff report will be available on and after Thursday, January 18, 2018. If you have any questions, please contact Corey Funk in the Planning Dh-ision at (760) 602-4645 or corey funk@cadsbadca.gov. If you challenge the Zone Code Amendment and/or the Local Coastal Program Amend- ment in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad, Attn: City Clerk's Office, 1200 Carlsbad Village Drive,· Carlsbad, CA 92008, at or prior to the public hearing. CASE FILE: CAS.ENAME: PUBLISH: ZCA 2016-0001/LCPA 20,6-0001 (PUB16Y-0002J SECOND DWELLING UNIT CODE AMENDMENT FRIDAY, JANUARY 12, 2018 CITY OF CARLSBAD CITY COUNCIL 01/12/18 CN 21177 3 col x 5.25" 15.75"x $14 $220.50 AVERY@ 5160® ~els !i,160® u~i~fflplate 5160'6 I > • ) EDWIN ROMERO, CHAIRPERSON 1095 BARONA RD LAKESIDE CA 92040· BUSINESS, TRANS & HSG AGENCY 915 CAPITOL MALL:#350B SACRI\MENTO CA 958144801 CA DEPT OF TRANSPORTATION DISTRICT 11-DIVISION OF PLANNING/DEVELOPMENT REVIEW 4050 TAYLOR STREET, MS-240 SAN DIEGO CA 92110 COASTAL CONSERVANCY STE 1100 1330 BROADWAY OAKLAND CA 94612 DEPT OF FORESTRY ENVCOORD PO BOX 944246 SACRAMENTO CA 942442460 FED AVIATION ADMIN WESTERN REG POBOX92007 LOS ANGELES CA OFF OF PLANNING & RESEARCH OFF OF LOCAL GOV AFFAIRS POBOX3044 SACRAMENTO CA 958123044 SD COUNTY PLANNING & LAND USE DEPT STE310 5510 OVERLAND AVE SAN DIEGO CA 921231239 US ARMY CORPS OF ENGINEER 915 WILSHIRE BLVD SUITE 1101 LOS ANGELES CA 90017 US BUREAU OF RECLAMATION 27708 JEFFERSON AVE, STE 202 TEMECULA CA 92590 •1 11 111, "' i·t Ji' , I r J . :~ I I ) . ca:;y ~• 1-\aore:;:; Lau~::, . eel Jlddmggtibe _., =-ne~exposePop-upEd' Feed f'aper en a ong lin~~feflf6~~1!t1" AXELSON & CORN ATTORNEYS AT LAW 160 CHESTERFIELD DR SUITE 201 ENCINITAS CA 92007 CA COAST AL COMMISSION STE 103 7575 METROPOL!TAN DR SAN DIEGO CA 92108 CHANNEL ISLANDS NATL PARK SUPERINTENDENT'S OFFICE 1901 SPINNAKER DR SAN GUENA VENTURA CA 93001 COUNTY OF SD SUPERVlSOR RM335 1600 PACIFIC ' SAN DIEGO CA 92101 DEPT OF HOUSING & URBAN DEV REGlON !X ENVIRONMENTAL OFFICER 611 WEST SIXTH ST, STE.811 LOS ANGELES CA 90017 . -·--··- FEDERAL ENERGY REGULATORY COMMISSION 100 1 ST ST., STE 2300 SAN FRANCISCO CA 941053084 SAN FRANCISCO BAY CONS ERV & DEV COM STE 10600 455 GOLDEN GATE AVE SAN FRANCISCO CA 941027b19 ---- SDGE 8315 CENTURY PARK CT SAN DIEGO CA 92123 US ARMY CORPS OF ENGlNEERS REGULATORY DIVISION SUITE 100 5900 LA PLACE COURT CARLSBAD CA 92008 US FISH & WILDLIFE SERVICES 2800 COTT AGE WAY STEW-2605 SACRAMENTO CA 95825 ·1 I !'I; t 1 !' 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L rl+ .. 1 Corey Funk January 23, 2018 ZCA 2016-0001/LCPA 2016-0001 – Second Dwelling Unit Code Amendment Coastal Commission Suggested Modifications Previous actions •Second Dwelling Unit Code Amendment adopted by City Council Sept. 26, 2017 –Amended Carlsbad’s regulations to be consistent with recent state ADU law changes effective Jan. 1, 2017 (AB 2299/SB 1069) –Note: ADU = Accessory Dwelling Unit •Amendment approved by Coastal Commission Dec. 13, 2017 with suggested modifications Purpose of changes •Consistency with the Coastal Act and California Coastal Commission regulations •Consistency with state ADU law –AB 2299/SB 1069 effective Jan. 1, 2017 –AB 494/SB 229 effective Jan. 1, 2018 Suggested Modification –1 •Two story limit for building containing an ADU above a detached garage –RD-M and R-3 zoning allow three story buildings –Intent is for ADUs above detached garages to be no more than two stories (including both the ADU and garage Suggested Modification –2 •State law allows a reduced setback for ADUs constructed above existing detached garages •Remove the Jan. 1, 2017 “as of” date criterion applied to existing detached garages Suggested Modification –3 •Require compliance with habitat preserve buffers and geologic stability setbacks –State law reduces setbacks for ADUs converted from, or located above, existing garages or accessory structures –Concern about adding ADUs in or above existing garages or accessory structures that do not meet these requirements Suggested Modifications –4 •Clarification that coastal development permit exemptions do not apply: –ADUs that are detached from primary dwelling –ADUs created in primary dwellings that do not meet habitat buffers and geologic stability setbacks –ADUs that would encroach into environmentally sensitive habitat areas Suggested Modifications –5 •Specify parking not required for an ADU that is part of an existing or proposed primary dwelling or accessory structure –Required for consistency with new ADU legislation effective Jan. 1, 2018 (AB 494/SB 229) Recommendation •Adopt Ordinance –Acknowledging receipt of suggested modifications –Approving amendment to Local Coastal Program and Zoning Code Next Steps •February/March 2018 –Coastal Commission will certify that the city implemented the suggested modifications –ZCA 2016-0001/LCPA 2016-0001 will be effective, as modified.