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
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SAN MARCOS CA 92069
LEUCADIA WASTE WATER DISTRICT
TIM JOCHEN
1960 LA COSTA AV
CARL56AD CA 92009
CITY OF SAN MARCOS
1 CIVIC CENTER DR
SAN MARCOS CA 92069-2949
VALLECITOS WATER DISTRICT
201 VALLECITOS DE ORO
SAN MARCOS CA 92069
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2375 NORTHSIDE DR
SAN DIEGO CA 92108-2700
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10124 OLD GROVE RD
SAN DIEGO CA 92131
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7575 METROPOLITAN DR
SAN DIEGO CA 92108-4402
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101 RANCHO SANTA FE RD
ENCINITAS CA 92024
OLIVENHAIN WATER DISTRICT
1966 OLIVEN HAIN RD
ENCINITAS CA 92024
CITY OF OCEANSIDE
300 NORTH COAST HWY
OCEANSIDE CA 92054
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SAN DIEGO CA 92123-1239
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401 B ST
SAN DIEGO CA 92101
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SAN DIEGO CA 92138-2776
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CARLSBAD CA 92008
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ENCINITAS CA 92024
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1960 LA COSTA AVE
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600 EUCALYPTUS
VISTA CA 92084
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SAN MARCOS CA 92069
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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.