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HomeMy WebLinkAbout2020-06-17; Planning Commission; ; ZCA 2020-0002/AMEND 2020-0005/LCPA 2020-0006 – ACCESSORY DWELLING UNIT AMENDMENTS 2020 Item No. Application complete date: n/a P.C. AGENDA OF: June 17, 2020 Project Planner: Corey Funk Project Engineer: n/a SUBJECT: ZCA 2020-0002/AMEND 2020-0005/LCPA 2020-0006 – ACCESSORY DWELLING UNIT AMENDMENTS 2020 – Request for a recommendation to approve amendments to the Zone Code, Village and Barrio Master Plan and Local Coastal Program to ensure consistency with state law related to accessory dwelling units and junior accessory dwelling units. The City Planner has determined that the proposed amendments are exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15061(b)(3) and 15282(h) of the CEQA Guidelines. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 7374 RECOMMENDING APPROVAL of Zone Code Amendment ZCA 2020-0002, Village and Barrio Master Plan Amendment AMEND 2020-0005 and Local Coastal Program Amendment LCPA 2020-0006, based on the findings contained therein. II. PROJECT DESCRIPTION AND BACKGROUND This project is a city-initiated amendment to the Zone Code, Village and Barrio Master Plan and Local Coastal Program consisting of amendments to the city's regulations for accessory dwelling units to reflect changes in state law. With regard to the Local Coastal Program, the Zone Code is the Local Coastal Program implementing ordinance; therefore, an amendment to the Zone Code is an amendment to the Local Coastal Program. A. State Law To respond to the current state housing crisis, the California State Legislature passed a series of bills (Assembly Bill 68, Assembly Bill 881 and Senate Bill 13) that amended Government Code sections 65852.2 and 65852.22 which are designed to encourage the production of accessory dwelling units (ADU) and junior accessory dwelling units (JADU). The most notable changes include the following topics: • Where ADUs are permitted • Requirement to allow junior ADUs • ADU size limitations • Loss of parking when a garage is converted to an ADU • Permit process time reduced • No short-term rental of ADUs 3 ZCA2020-0002/AMEND2020-0005/LCPA2020-0006 – ACCESSORY DWELLING UNIT AMENDMENT 2020 June 17, 2020 Page2 Additional changes to other sections of state law related to ADUs were made by the following bills: • Assembly Bill 670: Homeowners associations must allow ADUs and JADUs. • Assembly Bill 671: Housing elements shall incentivize and promote the creation of ADUs at all income levels. • Assembly Bill 587: Allows a nonprofit to separately convey title to ADUs subject to specific criteria. The new legislation (Attachment 3) went into effect January 1, 2020 and pre-empts all local ordinances that do not comply with the new standards. Cities are expected to update their local ordinances to comply with the state legislation. If cities fail to conform their local ordinances, the new state laws automatically apply, and applicants are permitted to develop ADUs and JADUs under the state legislation. The new state law also includes a requirement for the California Department of Housing and Community Development to review the city’s ADU ordinance for compliance with state law. If the ordinance is found to be out of compliance, the attorney general can enforce compliance; in such case, the city would be given a 30-day right to cure or state findings to support the ordinance. Table 1 in the Analysis section below provides a detailed comparison of the city's existing ADU regulations and new state law. B. Proposed Ordinance Approach Over the past several years, the state legislature has made several modifications to ADU law to encourage more affordable housing development. More changes are expected in the coming years. These state-initiated modifications often require regular changes/updates to our local code. As such, the proposed ordinance focuses more on the city’s ADU permit processing requirements and standards that state law gives the city the authority to establish, while deferring to the state law on the other ADU requirements and allowances. This will help reduce the need to process local code amendments when state law changes in the future. Educational materials have also been prepared to help customers navigate state law and city processing requirements; specifically, a department information bulletin (Attachment 4), which describes the different types of ADUs, relevant development standards, permit requirements and fees. The information bulletin is provided to the Planning Commission as informational material, no action is requested. Staff can update the information bulletin as needed due to future changes to state law. Amendments are also required for Title 5 of the Municipal Code to prohibit the use of ADUs and JADUs as short-term vacation rentals. Although amendments to other Municipal Code titles are not subject to Planning Commission review, they are included with the proposed ordinance in Exhibit A of Attachment 1 and in the strikeout/underline version of the proposed amendments in Attachment 2. III. ANALYSIS A. Proposed Changes to Existing ADU regulations ZCA2020-0002/AMEND2020-0005/LCPA2020-0006 – ACCESSORY DWELLING UNIT AMENDMENT 2020 June 17, 2020 Page3 As noted above, Table 1 compares the city's existing ADU regulations to the new state law. Also, the proposed amendments to the Zone Code are provided in strikethrough/underline format (Attachment 2). Table 1: Changes to Existing ADU Regulations Topic City's Existing Regulation New State ADU Law Where ADUs are permitted On lots with an existing or proposed one-family dwelling On lots with an existing or proposed one- family dwelling On lots with existing multifamily dwellings • Up to two detached ADUs • Existing non-livable space (garages, storage etc.) may be converted to ADUs, up to a number equal to 25% of the existing units in the building Junior ADU (JADU) No provision for a JADU (per previous state law, allowing JADUs was optional) JADUs must be allowed by right on a lot with an existing or proposed one-family dwelling. JADUs must be limited to 500 square feet and must be entirely within the space of the main dwelling. JADUs exempt from parking standards Must allow a detached ADU and JADU on the same lot with an existing or proposed one-family dwelling. ADU size Detached ADUs: 640 square feet (s.f.) maximum Detached ADUs: • Studio/one-bedroom - a local ordinance can establish a maximum size that is no less than 850 s.f., but no more than 1,200 s.f. • Two+ bedrooms - a local ordinance can establish a maximum size that is no less than 1,000 s.f., but no more than 1,200 s.f. Attached ADUs: Shall not exceed 50% of the living area of the main dwelling, up to 640 s.f. Attached ADUs: • Studio/one-bedroom - a local ordinance can establish a maximum size that is 50% of the total floor area of the main dwelling or 850 s.f., whichever is less, but not less than 800 s.f. • Two+ bedrooms - a local ordinance can establish a maximum size that is 50% of the total floor area of the main dwelling or 1,000 s.f., whichever is less, but not less than 800 s.f. ZCA2020-0002/AMEND2020-0005/LCPA2020-0006 – ACCESSORY DWELLING UNIT AMENDMENT 2020 June 17, 2020 Page4 Topic City's Existing Regulation New State ADU Law Replacement of required parking when converting a garage to an ADU Any loss of required parking for the primary dwelling shall be replaced; may be in any configuration on the lot - covered, uncovered, tandem. When a garage, carport or covered parking structure is demolished or converted in conjunction with construction of an ADU, the city shall not require the lost parking spaces to be replaced. Permit processing time 120 days after city receives a complete application, per previous state ADU law 60 days after the city receives a complete application, if there is an existing dwelling on the lot. If the ADU application is submitted with an application to build a new primary dwelling, the permit processing shall be the same as required for the primary dwelling. Waiver of standards for lot coverage and ADU size limit as a percentage of the primary residence ADU must meet all applicable standards even if this results in an ADU less than the maximum size allowed Standards for lot coverage or ADU size limit as a percentage of the primary residence must be waived to allow at least an 800 sf ADU that provides a 4 ft side and rear setback Maximum height for detached ADUs 14 ft 16 ft Side and rear setbacks Garage conversions – 0 ft ADUs above detached garages – 5 ft Other new construction – same as underlying zoning Conversions of existing space (garage, living area or accessory structures) and rebuilds in the same location – 0 ft New construction – 4 ft Owner occupancy requirements Owner must reside in the primary residence or ADU, unless both units are leased to a single lessee Prohibited for ADUs until Jan. 1, 2025. Properties that have a JADU require an owner to reside in the primary residence or the JADU Correction of nonconforming zoning conditions Not required when nonconforming by reason of substandard yards Not required for any nonconforming zoning condition Impact Fees Proportional based on square footage ADUs less than 750 sf are exempt, ADUs over 750 sf are subject to proportional fees based on square footage Sale of ADU separate from primary residence Prohibited An ADU developed by a qualified nonprofit corporation may be sold to a lower income buyer subject to certain criteria ZCA2020-0002/AMEND2020-0005/LCPA2020-0006 – ACCESSORY DWELLING UNIT AMENDMENT 2020 June 17, 2020 Page5 Topic City's Existing Regulation New State ADU Law Short-term rentals In the Coastal Zone, ADUs may be used as short-term vacation rentals ADUs created after January 1, 2020, shall not be used as short-term vacation rentals, including within the Coastal Zone. All of the provisions of state law are required to be implemented by the city. State law does give the city the authority to establish standards for ADUs, including maximum size of a unit, parking, height, setbacks, landscape, architecture, and to prevent adverse impacts on property that is listed in the California Register of Historic Resources. Regarding these standards, staff recommends the following: • Maximum Size The city can establish the maximum size of an ADU within certain limits, as described in Table 1, above. For detached ADUs, staff recommends using the lower limit of the state's maximum size range - 850 square feet for studio/one-bedroom units and 1,000 square feet for units with two or more bedrooms; and in the case of attached ADUs, a maximum of 50% of the floor area of the primary dwelling, if less than 850/1,000 square feet, but no less than 800 square feet. The purpose of limiting the size of ADUs to the lower limit of the state's maximum size range is to minimize potential impacts that an ADU may have to neighborhood compatibility, particularly in single-family neighborhoods. Attachment 5 includes a letter from Rincon Homes requesting that the city consider allowing detached ADUs up to 1,200 square feet, which is the maximum allowed by state law. • Parking The proposed Zone Code amendments are consistent with state law, which includes a new parking provision regarding garage/carport conversions/demolitions, as described in Table 1, above. All other existing ADU parking requirements are recommended to be retained. • Height State law requires that the height limit for a detached ADU be no less than 16 feet. The proposed ordinance deletes the city's existing height limit of 14 feet for a detached ADU and adds reference to state law for the required height limit. Height limits for attached ADUs and ADUs above detached garages remain the same. Also, the city's existing standard that prohibits roof decks on ADUs will remain. • Setbacks The proposed Zone Code amendments are consistent with state law, which includes narrower setbacks than currently required by the city, as described in Table 1 above. Existing required setbacks for habitat buffers, fire and geologic safety remain applicable. ZCA2020-0002/AMEND2020-0005/LCPA2020-0006 – ACCESSORY DWELLING UNIT AMENDMENT 2020 June 17, 2020 Page6 • Landscape No changes are proposed to the city's existing landscape requirements for ADUs. An ADU is not subject to landscape requirements, except to be consistent with any landscape requirements of the main dwelling or otherwise required for fire safety or habitat protection. • Architecture The city's existing architecture requirements for ADUs, which require consistency with the primary dwelling, remain the same and now are applicable to ADUs in a multifamily development. • Prevent Adverse Impacts to Property Listed in the California Register of Historic Resources ADUs remain subject to the California Environmental Quality Act (CEQA) if there are potential adverse impacts to historic resources. B. Consistency with Applicable Policies and Regulations The proposed amendments are consistent with California Government Code Sections 65852.2 and 65852.22 and the changes to state law described above that went into effect Jan. 1, 2020. The proposed amendments are consistent with the residential density ranges of the General Plan Land Use and Community Design Element in that, pursuant to Government Code 65852.2, an ADU shall not be considered to exceed the allowable density for the lot upon which it is located. Additionally, the proposed amendments implement the General Plan, as demonstrated below: Land Use Element Goal 2-G.4 – Provide balanced neighborhoods with a variety of housing types and density ranges to meet the diverse demographic, economic and social needs of residents, while ensuring a cohesive urban form with careful regard for compatibility. Land Use Element Policy 2-P.6 – Encourage the provision of lower and moderate-income housing to meet the objectives of the Housing Element. Housing Element Program 3.15 – The city will continue to implement its Accessory Dwelling Unit Ordinance and support alternative types of housing. This proposal does not conflict with the Growth Management Plan in that, pursuant to Government Code 65852.2, ADUs shall not be considered in the application of any local ordinance, policy, or program to limit residential growth. Though state law exempts ADUs from the Proposition E growth limitations, their population impacts are factored into facility calculations for City Administrative Facilities, Libraries and Parks. The proposed amendments affect land within the Airport Influence Area, which covers a large portion of Carlsbad and includes residential properties; however, the amendment is consistent with the adopted McClellan-Palomar Airport Land Use Compatibility Plan in that it does not propose any land use or development standard changes that affect compatibility with the plan's safety, noise, airspace protection and overflight criteria. The Airport Land Use Commission reviewed the amendment and found it to be consistent with the Airport Land Use Compatibility Plan. ZCA2020-0002/AMEND2020-0005/LCPA2020-0006 – ACCESSORY DWELLING UNIT AMENDMENT 2020 June 17, 2020 Page7 Regarding the Zone Code, the proposed amendments are consistent with the other provisions of the Zone Code that are not being amended. Local Coastal Program Amendment LCPA 2020-0006 is required for consistency with Zone Code Amendment ZCA 2020-0002. The proposed Local Coastal Program amendment meets the requirements of, and is in conformity with, with the policies of Chapter 3 of the Coastal Act and all applicable policies of the Carlsbad Local Coastal Program not being amended by this amendment. The amendments do not conflict with any regulation, land use designations or policies, with which development must comply. IV. ENVIRONMENTAL REVIEW The City Planner has determined that the amendments are exempt from the California Environmental Quality Act (CEQA) pursuant to the common sense exemption, Section 15061(b)(3) of the CEQA Guidelines, since there would be no possibility of a significant effect on the environment; and pursuant to Section 15282(h) of the CEQA Guidelines, which exempts from CEQA the adoption of an ordinance regarding accessory dwelling units in a single-family or multifamily residential zone to implement Section 65852.2 of the Government Code. ATTACHMENTS: 1. Planning Commission Resolution No. 7374 a. Exhibit A – Draft City Council Ordinance 2. Proposed text changes to the Carlsbad Municipal Code and Village and Barrio Master Plan shown in strikeout/underline format 3. State law relating to accessory dwelling units and junior accessory dwelling units 4. Information Bulletin Accessory Dwelling Units 5. Letter from Rincon Homes ATTACHMENT 2 MCA 2020-0002/ZCA 2020-0002/AMEND 2020-0005/LCPA 2020-0006 – Accessory Dwelling Unit Amendments 2020 Draft revisions to the VBMP and Carlsbad Municipal Code Titles 5 and 21 (Zone Code) A. Proposed amendments to the Carlsbad Village and Barrio Master Plan 1. In Section 2.3.3, Table 2-1 Permitted Uses, the use listing for Accessory Dwelling Unit is proposed to be amended to read as follows: RESIDENTIAL VC VG HOSP FC PT BP BC Accessory Dwelling Unit (accessory to one- family, two-family, multifamily, and mixed- use dwellings; subject to CMC Section 21.10.030; defined: CMC Sections 21.04.121) (accessory to a single one-family dwelling only and provided no other dwellings are on the same lot) A A A A A A A 2. Section 2.3.3, Table 2-1 Permitted Uses is proposed to be amended by the addition of a new use listing for Junior Accessory Dwelling Unit as follows: RESIDENTIAL VC VG HOSP FC PT BP BC Junior Accessory Dwelling Unit (accessory to a one-family dwelling; subject to CMC Section 21.10.030; defined: CMC Sections 21.04.122) A A A A 3. In Section 2.6, Table 2-3, the parking requirements for Accessory Dwelling Unit are proposed to be amended as follows: RESIDENTIAL GENERAL USE PARKING REQUIREMENT Accessory Dwelling Unit • One space, in addition to the parking requirement for the primary use (single, one- family dwelling)dwelling. • Tandem parking is permitted. Parking may be located in the side and rear yard setbacks. • Parking exceptions exist for accessory dwelling units. Refer to CMC Section 21.10.030 ED.10.s 4. In Section 2.6, Table 2-3, a new parking requirement for Junior Accessory Dwelling Unit is proposed to be added as follows: RESIDENTIAL GENERAL USE PARKING REQUIREMENT Junior Accessory Dwelling Unit No parking requirement B. Proposed amendments to Title 5 of the Carlsbad Municipal Code 1. The definition of "short-term vacation rental" in Carlsbad Municipal Code Section 5.60.20 is amended to read as follows “Short-term vacation rental” is defined as the rental of any legally permitted dwelling unit as that term is defined in Chapter 21.04, Section 21.04.120 of this code, or any portion of any legally permitted dwelling unit for occupancy for dwelling, lodging or sleeping purposes for a period of less than 30 consecutive calendar days. Accessory dwelling units, junior accessory dwelling units, and tTime-shares as defined in Chapter 21.04, Sections 21.04.121, 21.04.122 and 21.04.357 are not considered a short- term vacation rental. A trailer coach as defined in Chapter 5.24, Section 5.24.005 of this code, which is parked on the property of a legally permitted dwelling unit, is not considered a short-term vacation rental, and it may not be rented out for occupancy pursuant to Chapter 5.24, Section 5.24.145 of this code. Short-term vacation rental includes any contract or agreement that initially defined the rental term to be greater than 30 consecutive days and which was subsequently amended, either orally or in writing to permit the occupant(s) of the owner’s short-term vacation rental to surrender the subject dwelling unit before the expiration of the initial rental term that results in an actual rental term of less than 30 consecutive days. C. Proposed amendments to Title 21 of the Carlsbad Municipal Code 1. Section 21.04.020 is proposed to be amended as follows: 21.04.020 Accessory. “Accessory” means a building, part of a building or structure, or use which 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. Accessory dwelling units and junior accessory dwelling units that comply with the requirements of Carlsbad Municipal Code Section 21.10.030 and Government Code Sections 65852.2 and 65852.22, respectively are considered accessory. (Ord. NS-355 § 1, 1996; Ord. 9060 § 203) 2. Section 21.04.121 is proposed to be amended to read as follows: 21.04.121 Dwelling unit, accessory (ADU). A. Accessory dwelling unit means a residential dwelling unit that is all of the following: 1. Located on a lot zoned for residential use, and the lot contains a single one-family dwelling and no other dwelling; and 2. Either detached from or attached to a one-family dwelling, or converted from the existing space of a one-family dwelling or accessory structure; and 3. A dwelling that provides complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. B. If consistent with subsection A of this definition, the following may be considered an accessory dwelling unit: 1. An efficiency unit, as defined in Section 17958.1 of California Health and Safety Code. 2. A manufactured home, as defined in Section 18007 of California Health and Safety Code. Refer to Government Code Section 65852.2. 3. Section 21.04.122 is proposed to be added as follows: 21.04.122 Dwelling unit, junior accessory (JADU). Refer to Government Code Section 65852.22. 4. A new use listing for “Junior accessory dwelling unit” is proposed to be added to the permitted uses tables in the following sections as shown below: 21.08.020 Permitted uses, Table A. 21.09.020 Permitted uses, Table A. 21.10.020 Permitted uses, Table A. 21.12.020 Permitted uses, Table A. 21.16.020 Permitted uses, Table A. 21.18.020 Permitted uses, Table B. 21.22.020 Permitted uses, Table A. 21.24.020 Permitted uses, Table A. Use P CUP Acc Junior accessory dwelling unit (accessory to a one-family dwelling; subject to Section 21.10.030; defined: Section 21.04.122) X 5. The following sections are proposed to be amended as shown below: 21.08.060 Placement of buildings 21.10.080 Placement of buildings 21.12.060 Placement of buildings 21.16.060 Placement of buildings A. Placement of buildings on any lot shall conform to the following, except as otherwise stated for accessory dwelling units (or junior accessory dwelling units where permitted) pursuant to Section 21.10.030: 1. Interior Lots. a. No building shall occupy any portion of a required yard; b. Any building, any portion of which is used for human habitation, shall observe a distance from any side lot line the equivalent of the required side yard on such lot and from the rear property line the equivalent of twice the required side yard on such lot, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030; c. The distance between buildings used for human habitation and between buildings used for human habitation and accessory buildings shall not be less than ten feet; d. All accessory structures shall comply with the following development standards: i. The lot coverage shall include accessory structures in the lot coverage calculations for the lot, ii. The distance between buildings used for human habitation and accessory buildings shall be not less than ten feet, iii. When proposed on a lot adjoining native vegetation, accessory structures within a fire suppression zone must be reviewed and approved by the fire department, iv. Accessory buildings, by definition, do not share a common wall with the main dwelling unit structure, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030, iv. Buildings shall not exceed one story, vi. Building height shall not exceed fourteen feet if a minimum roof pitch of 3:12 is provided or ten feet if less than a 3:12 roof pitch is provided; e. Accessory dwelling units constructed above detached garages, pursuant to Section 21.10.030 are not subject to the one-story/fourteen-foot height limitation imposed on accessory structures; fe. Habitable detached accessory structures shall comply with all requirements of the zone applicable to placement of a dwelling unit on a lot including setbacks, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030; gf. Detached accessory structures which are not dwelling units and contain no habitable space, including, but not limited to, garages, workshops, tool sheds, decks over thirty inches above grade and freestanding patio covers shall comply with the following additional development standards when located within a lot’s required setback areas: i. The maximum allowable building area per structure shall not exceed a building coverage of four hundred forty square feet, ii. The following setbacks shall apply: a front yard setback of twenty feet, a rear yard setback of five feet, a side yard setback of five feet and an alley setback of five feet, iii. The maximum plumbing drain size shall be one and one-half inches in diameter so as to prohibit toilets, showers, bathtubs and other similar fixtures, iv. The additional development standards listed above (subsections (A)(1)(g)(i) through (iii) of this section) shall apply to the entire subject accessory structure, not just the portion encroaching into a lot’s setback area; and hg. The provisions of this section are applicable notwithstanding the permit requirements contained in Section 18.04.015. 2. Corner Lots and Reversed Corner Lots. a. No building shall occupy any portion of a required yard; b. The distance between buildings used for human habitation and between buildings used for human habitation and accessory buildings shall not be less than ten feet; c. Any building, any portion of which is used for human habitation, shall observe a distance from the rear property line the equivalent of twice the required interior side yard on such lot, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030; d. All accessory structures shall comply with the following development standards: i. The lot coverage shall include accessory structures in the lot coverage calculations for the lot, ii. The distance between buildings used for human habitation and accessory buildings shall be not less than ten feet, iii. When proposed on a lot adjoining native vegetation, accessory structures within a fire suppression zone must be reviewed and approved by the fire department, iv. Accessory buildings, by definition, do not share a common wall with the main dwelling unit structure, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030, iv. Buildings shall not exceed one story, vi. Building height shall not exceed fourteen feet if a minimum roof pitch of 3:12 is provided or ten feet if less than a 3:12 roof pitch is provided; e. Accessory dwelling units constructed above detached garages, pursuant to Section 21.10.030 are not subject to the one-story/fourteen-foot height limitation imposed on accessory structures; fe. Habitable detached accessory structures shall comply with all requirements of the zone applicable to placement of a dwelling unit on a lot including setbacks, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030; gf. Detached accessory structures which are not dwelling units and contain no habitable space, including, but not limited to, garages, workshops, tool sheds, decks over thirty inches above grade and freestanding patio covers shall comply with the following additional development standards when located within a lot’s required setback areas: i. The maximum allowable building area per structure shall not exceed a building coverage of four hundred forty square feet, ii. The following setbacks shall apply: a front yard setback of twenty feet, a rear yard setback of five feet, a side yard setback of five feet and an alley setback of five feet, iii. The maximum plumbing drain size shall be one and one-half inches in diameter so as to prohibit toilets, showers, bathtubs and other similar fixtures, iv. The additional development standards listed above (subsections (A)(2)(g)(i) through (iii) of this section) shall apply to the entire subject accessory structure, not just the portion encroaching into a lot’s setback area; and hg. The provisions of this section are applicable notwithstanding the permit requirements contained in Section 18.04.015. (Ord. CS 324 § 5, 2017; Ord. NS-718 § 5, 2004) 6. In Section 21.09.020 Table A, the use listing for “Accessory dwelling units” is proposed to be amended to read as follows: Use P CUP Acc Accessory dwelling units (subject to Section 21.10.030; defined: Section 21.04.121) X 7. Section 21.09.100 is proposed to be amended as follows: 21.09.100 Placement of buildings. Placement of buildings on any lot shall conform to the following, except as otherwise stated for accessory dwelling units (or junior accessory dwelling units where permitted) pursuant to Section 21.10.030: (1) Except as permitted by Sections 21.09.080 and 21.09.090, no building shall occupy any portion of a required yard. (2) Any building, any portion of which is used for human habitation, shall observe a distance from any rear property line the equivalent of twice the required interior side yard, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030. (3) The distance between buildings used for human habitation and detached accessory buildings shall not be less than ten feet. (4) The keeping of all domestic animals provided for in this chapter shall conform to all other provisions of law governing the same, and no pen, coop, stable or barn shall be erected within forty feet of any building used for human habitation or within twenty-five feet of any property line. (5) A building permit for a dwelling unit to be located further than five hundred feet from a fire hydrant shall not be issued without the approval of the fire chief. The fire chief may require the installation of additional safety equipment, including fire hydrants or stand pipes, as a condition of such approval. (Ord. CS 324 § 7, 2017; Ord. 9498 § 4, 1978) 8. Section 21.10.030 is proposed to be repealed and replaced to read as follows (deleted text not shown, only new replacement text is included below): 21.10.30 Accessory Dwelling Units and Junior Accessory Dwelling Units A. Purpose. This section provides standards for the establishment of accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs). Pursuant to Government Code Sections 65852.2 and 65852.22, local governments have the authority to adopt regulations designed to promote ADUs and JADUs. B. Standards of Review. Review of ADUs and JADUs shall be consistent with the following: 1. ADU or JADU applications shall be considered a ministerial action without discretionary review or a public hearing if all requirements of this section (21.10.030) are met, notwithstanding any other requirements of state law or this development code. 2. ADUs or JADUs developed within the coastal zone are subject to the permit requirements of Chapter 21.201 and require a building permit. Development of ADUs or JADUs outside of the coastal zone requires a building permit. 3. The city shall act on an application to create an ADU or a JADU within the time period specified under Government Code Sections 65852.2 and 65852.22. 4. If the permit application to create an ADU or a JADU is submitted with a permit application to create a new one-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, but the application to create the ADU or JADU shall be considered without discretionary review or public hearing. If the applicant requests a delay, the time period specified under Government Code Sections 65852.2 and 65852.22 shall be tolled for the period of the delay. C. Residential Use and Density. ADUs and JADUs, which comply with the requirements of this section (21.10.030) and Government Code Sections 65852.2 and 65852.22: 1. Shall be considered accessory residential uses or accessory residential buildings that are consistent with the general plan or zoning designations for the lot; and 2. Shall not be considered to exceed the allowable density for the lot upon which it is located; and 3. Shall not be considered a dwelling unit when implementing the dwelling unit limitations established by Proposition E enacted by Carlsbad voters on November 4, 1986, and shall not be considered a dwelling unit under the definition of “short-term vacation rental” in Carlsbad Municipal Code Chapter 5.60, Short-Term Vacation Rentals. 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 Government Code Sections 65852.2 and 65852.22. Refer to a specific zone’s Permitted Uses table within this Title. 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 number and location of ADUs or JADUs on a lot shall be subject to Government Code Sections 65852.2 and 65852.22. 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 Government Code Sections 65852.2 and 65852.22. 2. When not in conflict with Government Code Sections 65852.2 and 65852.22, ADUs and JADUs shall also comply with applicable development requirements and standards of the Carlsbad Municipal Code. 3. The maximum size of an ADU or JADU shall be limited as follows, consistent with Government Code Sections 65852.2 and 65852.22; Table 1: Maximum Size of ADUs or JADUs ADUs Detached from Main Dwelling ADUs Attached to Main Dwelling JADUs Number of Bedrooms Maximum Square Feet (SF) Number of Bedrooms Maximum Square Feet (SF) Maximum Square Feet (SF) Studio and one- bedroom 850 SF Studio and one- bedroom 50% of total floor area of main dwelling or 850 SF, whichever is less, but not less than 800 SF 500 SF Two or more bedrooms 1,000 SF Two or more bedrooms 50% of total floor area of main dwelling or 1,000 SF, whichever is less, but not less than 800 SF 4. A detached ADU shall be limited to one story and 16 feet maximum height, except that an ADU constructed above or below a detached garage shall be permitted and shall conform to the height limits applicable to the zone. Structures that contain an ADU located above or below a detached garage shall be limited to a maximum of two stories including the garage. 5. Roof decks shall not be permitted on detached 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 and geologic stability setbacks in the certified local coastal program, habitat management plan, general plan or geotechnical report as applicable. 7. On lots with one-family dwelling(s), the exterior roofing, trim, walls, windows and the color palette of the ADU or JADU shall incorporate the same features as the primary dwelling unit. 8. On lots with two-family or multiple-family dwellings, the exterior roofing, trim, walls, windows and the color palette of the ADU addition shall incorporate the same features as the existing building that the ADU would be provided within. For detached ADUs, it shall be reflective of the nearest building as measured from the wall of the existing building to the nearest wall of the proposed unit. 9. An ADU shall provide off-street parking in compliance with Chapter 21.44 (Parking), unless it qualifies for an exemption as specified in Government Code Section 65852.2. No off-street parking is required for a JADU if it meets the requirements specified in Government Code Section 65852.22. 10. ADUs intended to satisfy an inclusionary requirement shall comply with the requirements of Chapter 21.85, including, but not limited to, the applicable rental rates and income limit standards. 11. A Notice of Restriction shall be recorded on the property declaring that: a. The ADU(s) and/or JADU shall not be used for short-term rentals less than 30 days. b. The obligations and restrictions imposed on the approval of the ADU(s) per Government Code Section 65852.2 and/or JADU per Government Code Section 65852.22 are binding on all present and future property owners. c. For a JADU, the property owner must reside in either the primary residence or the JADU. Sale of the JADU separate from the single-family residence is prohibited; said prohibition is binding on all present owners and future purchasers. 12. For ADUs permitted prior to January 1, 2020, the city may continue to enforce a requirement for owner-occupancy of the ADU or primary residence. 13. An ADU may be sold separately from the primary dwelling only in limited situations pursuant to Government Code Section 65852.26. G. Conflicting Standards. If there is a conflict between the requirements of this section and requirements of the Government Code including but not limited to Sections 65852.2 or 65852.22, said Government Code sections shall apply. 9. In the following sections, the use listing for “Accessory dwelling unit” is proposed to be amended as follows: 21.12.020 Permitted uses, Table A. 21.16.020 Permitted uses, Table A. 21.18.020 Permitted uses, Table B. 21.22.020 Permitted uses, Table A. 21.24.020 Permitted uses, Table A. Use P CUP Acc Accessory dwelling unit (accessory to a one-family dwelling only) (subject to Section 21.10.030; defined: Section 21.04.121) X 10. Subsections A.7 through A.15 of Section 21.18.030 are proposed be amended as follows: 21.18.030 Development standards. … 7. All accessory structures shall comply with the following development standards, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030: a. The lot coverage shall include accessory structures in the lot coverage calculations for the lot; b. The distance between buildings used for human habitation and accessory buildings shall be not less than ten feet; c. When proposed on a lot adjoining native vegetation, accessory structures within a fire suppression zone must be reviewed and approved by the fire department; d. Accessory buildings, by definition, do not share a common wall with the main dwelling unit structure, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030; de. Buildings shall not exceed one story; and ef. Building height shall not exceed fourteen feet if a minimum roof pitch of 3:12 is provided or ten feet if less than a 3:12 roof pitch is provided. 8. Accessory dwelling units constructed above detached garages, pursuant to Section 21.10.030 are not subject to the one-story/fourteen-foot height limitation imposed on accessory structures. 89. Habitable detached accessory structures shall comply with all requirements of the zone applicable to placement of a dwelling unit of a lot including setbacks, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030. 910. Detached accessory structures, which are not dwelling units and contain no habitable space, including, but not limited to, garages, workshops, tool sheds, decks over thirty inches above grade and freestanding patio covers shall comply with the following additional development standards when located within a lot’s required setback areas: a. The maximum allowable building area per structure shall not exceed a building coverage of four hundred forty square feet; b. The following setbacks shall apply: A front yard setback of twenty feet, a rear yard setback of five feet, a side yard setback of five feet, and an alley setback of five feet; c. The maximum plumbing drain size shall be one and one-half inches in diameter so as to prohibit toilets, showers, bathtubs and other similar fixtures; and d. The additional development standards listed above (subsections A.10.a. through c. of this section) shall apply to the entire subject accessory structure, not just the portion encroaching into a lot’s setback area. 1011. The provisions of this section are applicable notwithstanding the permit requirements contained in Section 18.04.015. 1112. Except for an accessory structure which is not a dwelling unit and contains no habitable space and complies with the development standards specified in this chapterOther than as provided in subsection 9 above, no building shall be located in any of the required yards, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030. 1213. Height Limits. In the R-P zone the maximum building height shall be thirty-five feet. 1314. Lot Coverage. In the R-P zone all buildings shall not cover more than sixty percent of the total lot area. 1415. Parking Off-Street. Parking shall not be provided in the required front or side yards. (Ord. CS 324 § 13, 2017; Ord. NS-718 § 10, 2004) 11. Section 21.20.010 Table A is proposed to be amended as follows: Use P CUP Acc Accessory dwelling units are permitted according to the provisions of Section 21.10.030 of this title on lots which are developed with a detached single-family residence (subject to Section 21.10.030; defined: Section 21.04.121) X 12. Section 21.20.080 is proposed to be amended as follows: 21.20.080 Accessory structures. (1) All accessory structures shall comply with the following development standards, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030: (A) The lot coverage shall include accessory structures in the lot coverage calculations for the lot. (B) The distance between buildings used for human habitation and accessory buildings shall be not less than ten feet. (C) When proposed on a lot adjoining native vegetation, accessory structures within a fire suppression zone must be reviewed and approved by the fire department. (D) Accessory buildings, by definition, do not share a common wall with the main dwelling unit structure, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030. (DE) Buildings shall not exceed one story. (EF) Building height shall not exceed fourteen feet if a minimum roof pitch of 3:12 is provided or ten feet if less than a 3:12 roof pitch is provided. (G) Accessory dwelling units constructed above detached garages, pursuant to Section 21.10.030 are not subject to the one-story/fourteen-foot height limitation imposed on accessory structures. (2) Habitable detached accessory structures shall comply with all requirements of the zone applicable to placement of a dwelling unit on a lot including setbacks, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030. (3) Detached accessory structures, which are not dwelling units and contain no habitable space, including but not limited to garages, workshops, tool sheds, decks over thirty inches above grade, and freestanding patio covers shall comply with the following additional development standards when located within a lot’s required setback areas: (A) The maximum allowable building area per structure shall not exceed a building coverage of four hundred forty square feet. (B) The following setbacks shall apply: A front yard setback of twenty feet, a rear yard setback of five feet, a side yard setback of five feet, and an alley setback of five feet. (C) The maximum plumbing drain size shall be one and one-half inches in diameter so as to prohibit toilets, showers, bathtubs and other similar fixtures. (D) The additional development standards listed above (subsections (3)(A) through (C) of this section) shall apply to the entire subject accessory structure, not just the portion encroaching into a lot’s setback area. (4) The provisions of this section are applicable notwithstanding the permit requirements contained in Section 18.04.015. (Ord. CS 324 § 15, 2017; Ord. NS-718 § 12, 2004; Ord. NS-355 § 12, 1996; Ord. NS-243 § 17, 1993; Ord. 13. Section 21.22.070 is proposed to be amended as follows: 21.22.070 Accessory structures. A. All accessory structures shall comply with the following development standards, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030: 1. The lot coverage shall include accessory structures in the lot coverage calculations for the lot; 2. The distance between buildings used for human habitation and accessory buildings shall be not less than ten feet; 3. When proposed on a lot adjoining native vegetation, accessory structures within a fire suppression zone must be reviewed and approved by the fire department; 4. Accessory buildings, by definition, do not share a common wall with the main dwelling unit structure, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030; 45. Buildings shall not exceed one story; 56. Building height shall not exceed fourteen feet if a minimum roof pitch of 3:12 is provided or ten feet if less than a 3:12 roof pitch is provided; and 7. Accessory dwelling units constructed above detached garages, pursuant to Section 21.10.030 are not subject to the one-story/fourteen-foot height limitation imposed on accessory structures. B. Habitable detached accessory structures shall comply with all requirements of the zone applicable to placement of a dwelling unit on a lot including setbacks, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030. C. Detached accessory structures which are not dwelling units and contain no habitable space, including, but not limited to, garages, workshops, tool sheds, decks over thirty inches above grade and freestanding patio covers shall comply with the following additional development standards when located within a lot’s required setback areas: 1. The maximum allowable building area per structure shall not exceed a building coverage of four hundred forty square feet; 2. The following setbacks shall apply: a front yard setback of twenty feet, a rear yard setback of five feet, a side yard setback of five feet, and an alley setback of five feet; 3. The maximum plumbing drain size shall be one and one-half inches in diameter so as to prohibit toilets, showers, bathtubs and other similar fixtures; and 4. The additional development standards listed above (subsections C.1. through 3. of this section) shall apply to the entire subject accessory structure, not just the portion encroaching into a lot’s setback area. D. The provisions of this section are applicable notwithstanding the permit requirements contained in Section 18.04.015. (Ord. CS 324 § 16, 2017; Ord. NS-718 § 13, 2004) 14. Section 21.24.090 is proposed to be amended as follows: 21.24.090 Accessory structures. A. All accessory structures shall comply with the following development standards, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030: 1. The lot coverage shall include accessory structures in the lot coverage calculations for the lot; 2. The distance between buildings used for human habitation and accessory buildings shall be not less than ten feet; 3. When proposed on a lot adjoining native vegetation, accessory structures within a fire suppression zone must be reviewed and approved by the fire department; 4. Accessory buildings, by definition, do not share a common wall with the main dwelling unit structure, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030; 45. Buildings shall not exceed one story; and 56. Building height shall not exceed fourteen feet if a minimum roof pitch of 3:12 is provided or ten feet if less than a 3:12 roof pitch is provided. B. Accessory dwelling units constructed above detached garages, pursuant to Section 21.10.030 are not subject to the one-story/fourteen-foot height limitation imposed on accessory structures. BC. Habitable detached accessory structures shall comply with all requirements of the zone applicable to placement of a dwelling unit on a lot including setbacks, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030. CD. Detached accessory structures which are not dwelling units and contain no habitable space, including, but not limited to, garages, workshops, tool sheds, decks over thirty inches above grade and freestanding patio covers shall comply with the following additional development standards when located within a lot’s required setback areas: 1. The maximum allowable building area per structure shall not exceed a building coverage of four hundred forty square feet; 2. The following setbacks shall apply: a front yard setback of twenty feet, a rear yard setback of five feet, a side yard setback of five feet, and an alley setback of five feet; 3. The maximum plumbing drain size shall be one and one-half inches in diameter so as to prohibit toilets, showers, bathtubs and other similar fixtures; and 4. The additional development standards listed above (subsections D.1. through 3. of this section) shall apply to the entire subject accessory structure, not just the portion encroaching into a lot’s setback area. DE. The provisions of this section are applicable notwithstanding the permit requirements contained in Section 18.04.015. (Ord. CS 324 § 17, 2017; Ord. NS-718 § 14, 2004) 15. In Table A of the following sections, a new use listing for “Accessory dwelling unit” is proposed to be added as shown below: 21.26.010 Permitted uses. 21.28.010 Permitted uses. 21.31.030 Permitted uses. Use P CUP Acc Accessory dwelling unit (subject to Section 21.10.030; defined: Sections 21.04.121) X 16. Section 21.38.025 is proposed to be amended as follows: 21.38.025 Accessory dwelling units and junior accessory dwelling units. Accessory dwelling units or junior accessory dwelling units are permitted according to the provisions of Section 21.10.030. in areas designated by a master plan for single-family detached dwellings. For accessory dwelling units proposed on standard lots (minimum seven thousand five hundred square feet in area) which are developed with detached single-family residences, the development standards of Chapter 21.10 shall apply. For accessory dwelling units proposed on substandard lots (less than seven thousand five hundred square feet in area) which are developed with detached single-family residences, the development standards of Chapter 21.45 shall apply. (Ord. CS-324 § 2, 2017; Ord. NS-718 § 16, 2004; Ord. NS-663 § 11, 2003; Ord. NS-283 § 6, 1994) 17. In Section 21.44.020 Table A, the requirements accessory dwelling units are proposed to be amended as follows: Accessory dwelling units 1 space (covered or uncovered), in addition to the parking required for the primary use (single, one-family dwelling); unless otherwise specified in Section 21.10.030 of this code. The additional parking space may be provided through tandem parking on a driveway and may be within the front or side yard setback. 18. In Section 21.44.060 Table C, the requirements for accessory dwelling units are proposed to be amended as follows: Accessory dwelling units Same as parking required for primary residential use, with the following exceptions: • May be located in the front or side yard setback; and • May be located as a tandem space on a driveway. • Other parking requirements and exemptions may be applicable pursuant to Section 21.10.030. 19. Section 21.45.090 is proposed to be amended to read as follows: 21.45.090 Residential additions and accessory uses. A. General. 1. Additions and accessory uses shall be subject to all applicable development standards of this chapter, unless otherwise specified in this section and except as otherwise permitted for accessory dwelling units or junior accessory dwelling units pursuant to Section 21.10.030. 2. Additions to buildings that are legally nonconforming shall comply with the requirements of Chapter 21.48 of this code. B. One-Family Dwellings and Twin-Homes on Small Lots. 1. Table F lists the provisions for residential additions and accessory uses to one-family dwellings and twin-homes on small lots. 2. The additions and accessory uses listed in Table F shall be subject to the approval/issuance of a building permit. 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(2) 10 feet to posts 5 feet to posts (2-foot overhang permitted) (2-foot overhang permitted) Pool, spa 20 feet 5 feet - pool 2 feet - spa Non-habitable detached accessory buildings/structures (e.g., garages, workshops, decks over 30 inches in height)(1),(2),(3) 20 feet 5 feet Accessory dwelling units or junior accessory dwelling units(2), (3) 20 feet See 21.10.030 Habitable detached accessory buildings (i.e. guest houses; not including accessory dwelling units and accessory dwelling units) (1), (2), (3), (4) Same setbacks as required for the primary dwelling 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) Minimum 10-foot separation required between a habitable building and any other detached accessory building/structure. (3) Must be architecturally compatible with the existing structure. (4) Except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030. C. Condominium projects. Additions and accessory uses to condominium projects shall be subject to Section 21.45.100 (Amendments to permits). (Ord. CS 324 §§ 2, 23, 2017; Ord. CS-050 § IV, 2009; Ord. NS-834 § II, 2007) 20. Section 21.48.020 is proposed to be amended to read as follows: 21.48.020 Applicability A. The provisions of this chapter apply to: 1. Legally created lots which do not conform to the current requirements and development standards of the zone in which they are located. 2. Legally constructed structures and site development features (except for nonconforming signs which are addressed in Section 21.41.130) which do not comply with the current requirements and development standards of the zone in which they are located. 3. Legally established uses which do not conform to the current permitted use regulations of the zone in which they are located. B. The provisions of this chapter do not apply: 1. To nonconforming signs, which are addressed in Section 21.41.130 2. When an accessory dwelling unit or junior accessory dwelling unit is proposed with an existing nonconforming residential structure. Pursuant to Government Code Section 65852.2, 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. 21. Subsections A and B.1 of Section 21.201.060 are proposed to be amended to read as follows: 21.201.060 Exemptions and categorical exclusions from minor coastal development permit and coastal development permit procedures. A. For the purposes of subsection B.1 of this section, an existing single-family residential building shall include: 1. All appurtenances and other accessory structures, including decks, directly attached to the residence; 2. Accessory structures or improvements on the property normally associated with residences, such as garages, swimming pools, fences and storage sheds, and junior accessory dwelling units and accessory dwelling units that are attached to or converted from the existing space of a primary residence or attached accessory structure, but not including guest houses or self-contained residential units that are detached from an existing single-family residential building; 3. Landscaping on the lot. 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; 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 or a junior accessory dwelling unit within a one-family dwelling 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. ATTACHMENT 3 State Law Relating to Accessory Dwelling Units and Junior Accessory Dwelling Units Senate Bill 13 and Assembly Bills 68, 587, 670, 671 and 881 amended or added the following sections of state law relating to accessory dwelling units and junior accessory dwelling units: Government Code Sections: 65583(c)(7), 65852.2, 65852.22 and 65852.26 Health and Safety Code Sections: 17980.12 and 50504.5 Civil Code Section: 4751 These sections of state law are attached to this cover sheet as a reference. ARTICLE 10.6. Housing Elements [65580 - 65589.11] ( Article 10.6 added by Stats. 1980, Ch. 1143.) 65583(c) … (7) Develop a plan that incentivizes and promotes the creation of accessory dwelling units that can be offered at affordable rent, as defined in Section 50053 of the Health and Safety Code, for very low, low-, or moderate-income households. For purposes of this paragraph, “accessory dwelling units” has the same meaning as “accessory dwelling unit” as defined in paragraph (4) of subdivision (i) of Section 65852.2. Web link: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV&sectionNum=65583 State of California GOVERNMENT CODE Section 65852.2 65852.2. (a)  (1)  A local agency may, by ordinance, provide for the creation of accessory dwelling units in areas zoned to allow single-family or multifamily dwelling residential use. The ordinance shall do all of the following: (A)  Designate areas within the jurisdiction of the local agency where accessory dwelling units may be permitted. The designation of areas may be based on the adequacy of water and sewer services and the impact of accessory dwelling units on traffic flow and public safety. A local agency that does not provide water or sewer services shall consult with the local water or sewer service provider regarding the adequacy of water and sewer services before designating an area where accessory dwelling units may be permitted. (B)  (i)  Impose standards on accessory dwelling units that include, but are not limited to, parking, height, setback, landscape, architectural review, maximum size of a unit, and standards that prevent adverse impacts on any real property that is listed in the California Register of Historic Resources. These standards shall not include requirements on minimum lot size. (ii)  Notwithstanding clause (i), a local agency may reduce or eliminate parking requirements for any accessory dwelling unit located within its jurisdiction. (C)  Provide that accessory dwelling units do not exceed the allowable density for the lot upon which the accessory dwelling unit is located, and that accessory dwelling units are a residential use that is consistent with the existing general plan and zoning designation for the lot. (D)  Require the accessory dwelling units to comply with all of the following: (i)  The accessory dwelling unit may be rented separate from the primary residence, but may not be sold or otherwise conveyed separate from the primary residence. (ii)  The lot is zoned to allow single-family or multifamily dwelling residential use and includes a proposed or existing dwelling. (iii)  The accessory dwelling unit is either attached to, or located within, the proposed or existing primary dwelling, including attached garages, storage areas or similar uses, or an accessory structure or detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling. (iv)  If there is an existing primary dwelling, the total floor area of an attached accessory dwelling unit shall not exceed 50 percent of the existing primary dwelling. (v)  The total floor area for a detached accessory dwelling unit shall not exceed 1,200 square feet. (vi)  No passageway shall be required in conjunction with the construction of an accessory dwelling unit. (vii)  No setback shall be required for an existing living area or accessory structure or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit, and a setback of no more than four feet from the side and rear lot lines shall be required for an accessory dwelling unit that is not converted from an existing structure or a new structure constructed in the same location and to the same dimensions as an existing structure. (viii)  Local building code requirements that apply to detached dwellings, as appropriate. (ix)  Approval by the local health officer where a private sewage disposal system is being used, if required. (x)  (I)  Parking requirements for accessory dwelling units shall not exceed one parking space per accessory dwelling unit or per bedroom, whichever is less. These spaces may be provided as tandem parking on a driveway. (II)  Offstreet parking shall be permitted in setback areas in locations determined by the local agency or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions. (III)  This clause shall not apply to an accessory dwelling unit that is described in subdivision (d). (xi)  When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit, the local agency shall not require that those offstreet parking spaces be replaced. (xii)  Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence. (2)  The ordinance shall not be considered in the application of any local ordinance, policy, or program to limit residential growth. (3)  A permit application for an accessory dwelling unit or a junior accessory dwelling unit shall be considered and approved ministerially without discretionary review or a hearing, notwithstanding Section 65901 or 65906 or any local ordinance regulating the issuance of variances or special use permits. The permitting agency shall act on the application to create an accessory dwelling unit or a junior accessory dwelling unit within 60 days from the date the local agency receives a completed application if there is an existing single-family or multifamily dwelling on the lot. If the permit application to create an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create a new single-family dwelling on the lot, the permitting agency may delay acting on the permit application for the accessory dwelling unit or the junior accessory dwelling unit until the permitting agency acts on the permit application to create the new single-family dwelling, but the application to create the accessory dwelling unit or junior accessory dwelling unit shall be considered without discretionary review or hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. A local agency may charge a fee to reimburse it for costs incurred to implement this paragraph, including the costs of adopting or amending any ordinance that provides for the creation of an accessory dwelling unit. (4)  An existing ordinance governing the creation of an accessory dwelling unit by a local agency or an accessory dwelling ordinance adopted by a local agency shall provide an approval process that includes only ministerial provisions for the approval of accessory dwelling units and shall not include any discretionary processes, provisions, or requirements for those units, except as otherwise provided in this subdivision. If a local agency has an existing accessory dwelling unit ordinance that fails to meet the requirements of this subdivision, that ordinance shall be null and void and that agency shall thereafter apply the standards established in this subdivision for the approval of accessory dwelling units, unless and until the agency adopts on ordinance that complies with this section. (5)  No other local ordinance, policy, or regulation shall be the basis for the delay or denial of a building permit or a use permit under this subdivision. (6)  (A)  This subdivision establishes the maximum standards that local agencies shall use to evaluate a proposed accessory dwelling unit on a lot that includes a proposed or existing single-family dwelling. No additional standards, other than those provided in this subdivision, shall be used or imposed except that, subject to subparagraph (B), a local agency may require an applicant for a permit issued pursuant to this subdivision to be an owner-occupant or that the property be used for rentals of terms longer than 30 days. (B)  Notwithstanding subparagraph (A), a local agency shall not impose an owner-occupant requirement on an accessory dwelling unit permitted between January 1, 2020, to January 1, 2025, during which time the local agency was prohibited from imposing an owner-occupant requirement. (7)  A local agency may amend its zoning ordinance or general plan to incorporate the policies, procedures, or other provisions applicable to the creation of an accessory dwelling unit if these provisions are consistent with the limitations of this subdivision. (8)  An accessory dwelling unit that conforms to this subdivision shall be deemed to be an accessory use or an accessory building and shall not be considered to exceed the allowable density for the lot upon which it is located, and shall be deemed to be a residential use that is consistent with the existing general plan and zoning designations for the lot. The accessory dwelling unit shall not be considered in the application of any local ordinance, policy, or program to limit residential growth. (b)  When a local agency that has not adopted an ordinance governing accessory dwelling units in accordance with subdivision (a) receives an application for a permit to create an accessory dwelling unit pursuant to this subdivision, the local agency shall approve or disapprove the application ministerially without discretionary review pursuant to subdivision (a). The permitting agency shall act on the application to create an accessory dwelling unit or a junior accessory dwelling unit within 60 days from the date the local agency receives a completed application if there is an existing single-family or multifamily dwelling on the lot. If the permit application to create an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create a new single-family dwelling on the lot, the permitting agency may delay acting on the permit application for the accessory dwelling unit or the junior accessory dwelling unit until the permitting agency acts on the permit application to create the new single-family dwelling, but the application to create the accessory dwelling unit or junior accessory dwelling unit shall still be considered ministerially without discretionary review or a hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. If the local agency has not acted upon the completed application within 60 days, the application shall be deemed approved. (c)  (1)  Subject to paragraph (2), a local agency may establish minimum and maximum unit size requirements for both attached and detached accessory dwelling units. (2)  Notwithstanding paragraph (1), a local agency shall not establish by ordinance any of the following: (A)  A minimum square footage requirement for either an attached or detached accessory dwelling unit that prohibits an efficiency unit. (B)  A maximum square footage requirement for either an attached or detached accessory dwelling unit that is less than either of the following: (i)  850 square feet. (ii)  1,000 square feet for an accessory dwelling unit that provides more than one bedroom. (C)  Any other minimum or maximum size for an accessory dwelling unit, size based upon a percentage of the proposed or existing primary dwelling, or limits on lot coverage, floor area ratio, open space, and minimum lot size, for either attached or detached dwellings that does not permit at least an 800 square foot accessory dwelling unit that is at least 16 feet in height with four-foot side and rear yard setbacks to be constructed in compliance with all other local development standards. (d)  Notwithstanding any other law, a local agency, whether or not it has adopted an ordinance governing accessory dwelling units in accordance with subdivision (a), shall not impose parking standards for an accessory dwelling unit in any of the following instances: (1)  The accessory dwelling unit is located within one-half mile walking distance of public transit. (2)  The accessory dwelling unit is located within an architecturally and historically significant historic district. (3)  The accessory dwelling unit is part of the proposed or existing primary residence or an accessory structure. (4)  When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit. (5)  When there is a car share vehicle located within one block of the accessory dwelling unit. (e)  (1)  Notwithstanding subdivisions (a) to (d), inclusive, a local agency shall ministerially approve an application for a building permit within a residential or mixed-use zone to create any of the following: (A)  One accessory dwelling unit or junior accessory dwelling unit per lot with a proposed or existing single-family dwelling if all of the following apply: (i)  The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress. (ii)  The space has exterior access from the proposed or existing single-family dwelling. (iii)  The side and rear setbacks are sufficient for fire and safety. (iv)  The junior accessory dwelling unit complies with the requirements of Section 65852.22. (B)  One detached, new construction, accessory dwelling unit that does not exceed four-foot side and rear yard setbacks for a lot with a proposed or existing single-family dwelling. The accessory dwelling unit may be combined with a junior accessory dwelling unit described in subparagraph (A). A local agency may impose the following conditions on the accessory dwelling unit: (i)  A total floor area limitation of not more than 800 square feet. (ii)  A height limitation of 16 feet. (C)  (i)  Multiple accessory dwelling units within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings. (ii)  A local agency shall allow at least one accessory dwelling unit within an existing multifamily dwelling and may shall allow up to 25 percent of the existing multifamily dwelling units. (D)  Not more than two accessory dwelling units that are located on a lot that has an existing multifamily dwelling, but are detached from that multifamily dwelling and are subject to a height limit of 16 feet and four-foot rear yard and side setbacks. (2)  A local agency shall not require, as a condition for ministerial approval of a permit application for the creation of an accessory dwelling unit or a junior accessory dwelling unit, the correction of nonconforming zoning conditions. (3)  The installation of fire sprinklers shall not be required in an accessory dwelling unit if sprinklers are not required for the primary residence. (4)  A local agency may require owner occupancy for either the primary dwelling or the accessory dwelling unit on a single-family lot, subject to the requirements of paragraph (6) of subdivision (a). (5)  A local agency shall require that a rental of the accessory dwelling unit created pursuant to this subdivision be for a term longer than 30 days. (6)  A local agency may require, as part of the application for a permit to create an accessory dwelling unit connected to an onsite water treatment system, a percolation test completed within the last five years, or, if the percolation test has been recertified, within the last 10 years. (7)  Notwithstanding subdivision (c) and paragraph (1) a local agency that has adopted an ordinance by July 1, 2018, providing for the approval of accessory dwelling units in multifamily dwelling structures shall ministerially consider a permit application to construct an accessory dwelling unit that is described in paragraph (1), and may impose standards including, but not limited to, design, development, and historic standards on said accessory dwelling units. These standards shall not include requirements on minimum lot size. (f)  (1)  Fees charged for the construction of accessory dwelling units shall be determined in accordance with Chapter 5 (commencing with Section 66000) and Chapter 7 (commencing with Section 66012). (2)  An accessory dwelling unit shall not be considered by a local agency, special district, or water corporation to be a new residential use for purposes of calculating connection fees or capacity charges for utilities, including water and sewer service, unless the accessory dwelling unit was constructed with a new single-family dwelling. (3)  (A)  A local agency, special district, or water corporation shall not impose any impact fee upon the development of an accessory dwelling unit less than 750 square feet. Any impact fees charged for an accessory dwelling unit of 750 square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit. (B)  For purposes of this paragraph, “impact fee” has the same meaning as the term “fee” is defined in subdivision (b) of Section 66000, except that it also includes fees specified in Section 66477. “Impact fee” does not include any connection fee or capacity charge charged by a local agency, special district, or water corporation. (4)  For an accessory dwelling unit described in subparagraph (A) of paragraph (1) of subdivision (e), a local agency, special district, or water corporation shall not require the applicant to install a new or separate utility connection directly between the accessory dwelling unit and the utility or impose a related connection fee or capacity charge, unless the accessory dwelling unit was constructed with a new single-family dwelling. (5)  For an accessory dwelling unit that is not described in subparagraph (A) of paragraph (1) of subdivision (e), a local agency, special district, or water corporation may require a new or separate utility connection directly between the accessory dwelling unit and the utility. Consistent with Section 66013, the connection may be subject to a connection fee or capacity charge that shall be proportionate to the burden of the proposed accessory dwelling unit, based upon either its square feet or the number of its drainage fixture unit (DFU) values, as defined in the Uniform Plumbing Code adopted and published by the International Association of Plumbing and Mechanical Officials, upon the water or sewer system. This fee or charge shall not exceed the reasonable cost of providing this service. (g)  This section does not limit the authority of local agencies to adopt less restrictive requirements for the creation of an accessory dwelling unit. (h)  (1)  A local agency shall submit a copy of the ordinance adopted pursuant to subdivision (a) to the Department of Housing and Community Development within 60 days after adoption. After adoption of an ordinance, the department may submit written findings to the local agency as to whether the ordinance complies with this section. (2)  (A)  If the department finds that the local agency’s ordinance does not comply with this section, the department shall notify the local agency and shall provide the local agency with a reasonable time, no longer than 30 days, to respond to the findings before taking any other action authorized by this section. (B)  The local agency shall consider the findings made by the department pursuant to subparagraph (A) and shall do one of the following: (i)  Amend the ordinance to comply with this section. (ii)  Adopt the ordinance without changes. The local agency shall include findings in its resolution adopting the ordinance that explain the reasons the local agency believes that the ordinance complies with this section despite the findings of the department. (3)  (A)  If the local agency does not amend its ordinance in response to the department’s findings or does not adopt a resolution with findings explaining the reason the ordinance complies with this section and addressing the department’s findings, the department shall notify the local agency and may notify the Attorney General that the local agency is in violation of state law. (B)  Before notifying the Attorney General that the local agency is in violation of state law, the department may consider whether a local agency adopted an ordinance in compliance with this section between January 1, 2017, and January 1, 2020. (i)  The department may review, adopt, amend, or repeal guidelines to implement uniform standards or criteria that supplement or clarify the terms, references, and standards set forth in this section. The guidelines adopted pursuant to this subdivision are not subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2. (j)  As used in this section, the following terms mean: (1)  “Accessory dwelling unit” means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes the following: (A)  An efficiency unit. (B)  A manufactured home, as defined in Section 18007 of the Health and Safety Code. (2)  “Accessory structure” means a structure that is accessory and incidental to a dwelling located on the same lot. (3)  “Efficiency unit” has the same meaning as defined in Section 17958.1 of the Health and Safety Code. (4)  “Living area” means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure. (5)  “Local agency” means a city, county, or city and county, whether general law or chartered. (6)  “Neighborhood” has the same meaning as set forth in Section 65589.5. (A)  An efficiency unit, as defined in Section 17958.1 of the Health and Safety Code. (B)  A manufactured home, as defined in Section 18007 of the Health and Safety Code. (7)  “Nonconforming zoning condition” means a physical improvement on a property that does not conform with current zoning standards. (8)  “Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit. (9)  “Proposed dwelling” means a dwelling that is the subject of a permit application and that meets the requirements for permitting. (10)  “Public transit” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public. (11)  “Tandem parking” means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another. (k)  A local agency shall not issue a certificate of occupancy for an accessory dwelling unit before the local agency issues a certificate of occupancy for the primary dwelling. (l)  Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code), except that the local government shall not be required to hold public hearings for coastal development permit applications for accessory dwelling units. (m)  A local agency may count an accessory dwelling unit for purposes of identifying adequate sites for housing, as specified in subdivision (a) of Section 65583.1, subject to authorization by the department and compliance with this division. (n)  In enforcing building standards pursuant to Article 1 (commencing with Section 17960) of Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code for an accessory dwelling unit described in paragraph (1) or (2) below, a local agency, upon request of an owner of an accessory dwelling unit for a delay in enforcement, shall delay enforcement of a building standard, subject to compliance with Section 17980.12 of the Health and Safety Code: (1)  The accessory dwelling unit was built before January 1, 2020. (2)  The accessory dwelling unit was built on or after January 1, 2020, in a local jurisdiction that, at the time the accessory dwelling unit was built, had a noncompliant accessory dwelling unit ordinance, but the ordinance is compliant at the time the request is made. (o)  This section shall become operative on January 1, 2025. (Repealed (in Sec. 1.5) and added by Stats. 2019, Ch. 659, Sec. 2.5. (AB 881) Effective January 1, 2020. Section operative January 1, 2025, by its own provisions.) State of California GOVERNMENT CODE Section 65852.22 65852.22. (a)  Notwithstanding Section 65852.2, a local agency may, by ordinance, provide for the creation of junior accessory dwelling units in single-family residential zones. The ordinance may require a permit to be obtained for the creation of a junior accessory dwelling unit, and shall do all of the following: (1)  Limit the number of junior accessory dwelling units to one per residential lot zoned for single-family residences with a single-family residence built, or proposed to be built, on the lot. (2)  Require owner-occupancy in the single-family residence in which the junior accessory dwelling unit will be permitted. The owner may reside in either the remaining portion of the structure or the newly created junior accessory dwelling unit. Owner-occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization. (3)  Require the recordation of a deed restriction, which shall run with the land, shall be filed with the permitting agency, and shall include both of the following: (A)  A prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single-family residence, including a statement that the deed restriction may be enforced against future purchasers. (B)  A restriction on the size and attributes of the junior accessory dwelling unit that conforms with this section. (4)  Require a permitted junior accessory dwelling unit to be constructed within the walls of the proposed or existing single-family residence. (5)  Require a permitted junior accessory dwelling to include a separate entrance from the main entrance to the proposed or existing single-family residence. (6)  Require the permitted junior accessory dwelling unit to include an efficiency kitchen, which shall include all of the following: (A)  A cooking facility with appliances. (B)  A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit. (b)  (1)  An ordinance shall not require additional parking as a condition to grant a permit. (2)  This subdivision shall not be interpreted to prohibit the requirement of an inspection, including the imposition of a fee for that inspection, to determine if the junior accessory dwelling unit complies with applicable building standards. (c)  An application for a permit pursuant to this section shall, notwithstanding Section 65901 or 65906 or any local ordinance regulating the issuance of variances or special use permits, be considered ministerially, without discretionary review or a hearing. The permitting agency shall act on the application to create a junior accessory dwelling unit within 60 days from the date the local agency receives a completed application if there is an existing single-family dwelling on the lot. If the permit application to create a junior accessory dwelling unit is submitted with a permit application to create a new single-family dwelling on the lot, the permitting agency may delay acting on the permit application for the junior accessory dwelling unit until the permitting agency acts on the permit application to create the new single-family dwelling, but the application to create the junior accessory dwelling unit shall still be considered ministerially without discretionary review or a hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. A local agency may charge a fee to reimburse the local agency for costs incurred in connection with the issuance of a permit pursuant to this section. (d)  For purposes of any fire or life protection ordinance or regulation, a junior accessory dwelling unit shall not be considered a separate or new dwelling unit. This section shall not be construed to prohibit a city, county, city and county, or other local public entity from adopting an ordinance or regulation relating to fire and life protection requirements within a single-family residence that contains a junior accessory dwelling unit so long as the ordinance or regulation applies uniformly to all single-family residences within the zone regardless of whether the single-family residence includes a junior accessory dwelling unit or not. (e)  For purposes of providing service for water, sewer, or power, including a connection fee, a junior accessory dwelling unit shall not be considered a separate or new dwelling unit. (f)  This section shall not be construed to prohibit a local agency from adopting an ordinance or regulation, related to parking or a service or a connection fee for water, sewer, or power, that applies to a single-family residence that contains a junior accessory dwelling unit, so long as that ordinance or regulation applies uniformly to all single-family residences regardless of whether the single-family residence includes a junior accessory dwelling unit. (g)  If a local agency has not adopted a local ordinance pursuant to this section, the local agency shall ministerially approve a permit to construct a junior accessory dwelling unit that satisfies the requirements set forth in subparagraph (A) of paragraph (1) of subdivision (e) of Section 65852.2 and the requirements of this section. (h)  For purposes of this section, the following terms have the following meanings: (1)  “Junior accessory dwelling unit” means a unit that is no more than 500 square feet in size and contained entirely within a single-family residence. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure. (2)  “Local agency” means a city, county, or city and county, whether general law or chartered. (Amended by Stats. 2019, Ch. 655, Sec. 2. (AB 68) Effective January 1, 2020.) State of California GOVERNMENT CODE Section 65852.26 65852.26. (a)  Notwithstanding clause (i) of subparagraph (D) of paragraph (1) of subdivision (a) of Section 65852.2, a local agency may, by ordinance, allow an accessory dwelling unit to be sold or conveyed separately from the primary residence to a qualified buyer if all of the following apply: (1)  The property was built or developed by a qualified nonprofit corporation. (2)  There is an enforceable restriction on the use of the land pursuant to a recorded contract between the qualified buyer and the qualified nonprofit corporation that satisfies all of the requirements specified in paragraph (10) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code. (3)  The property is held pursuant to a recorded tenancy in common agreement that includes all of the following: (A)  The agreement allocates to each qualified buyer an undivided, unequal interest in the property based on the size of the dwelling each qualified buyer occupies. (B)  A repurchase option that requires the qualified buyer to first offer the qualified nonprofit corporation to buy the property if the buyer desires to sell or convey the property. (C)  A requirement that the qualified buyer occupy the property as the buyer’s principal residence. (D)  Affordability restrictions on the sale and conveyance of the property that ensure the property will be preserved for low-income housing for 45 years for owner-occupied housing units and will be sold or resold to a qualified buyer. (4)  A grant deed naming the grantor, grantee, and describing the property interests being transferred shall be recorded in the county in which the property is located. A Preliminary Change of Ownership Report shall be filed concurrently with this grant deed pursuant to Section 480.3 of the Revenue and Taxation Code. (5)  Notwithstanding subparagraph (A) of paragraph (2) of subdivision (f) of Section 65852.2, if requested by a utility providing service to the primary residence, the accessory dwelling unit has a separate water, sewer, or electrical connection to that utility. (b)  For purposes of this section, the following definitions apply: (1)  “Qualified buyer” means persons and families of low or moderate income, as that term is defined in Section 50093 of the Health and Safety Code. (2)  “Qualified nonprofit corporation” means a nonprofit corporation organized pursuant to Section 501(c)(3) of the Internal Revenue Code that has received a welfare exemption under Section 214.15 of the Revenue and Taxation Code for properties intended to be sold to low-income families who participate in a special no-interest loan program. (Added by Stats. 2019, Ch. 657, Sec. 1. (AB 587) Effective January 1, 2020.) State of California HEALTH AND SAFETY CODE Section 17980.12 17980.12. (a)  (1)  An enforcement agency, until January 1, 2030, that issues to an owner of an accessory dwelling unit described in subparagraph (A) or (B) below, a notice to correct a violation of any provision of any building standard pursuant to this part shall include in that notice a statement that the owner of the unit has a right to request a delay in enforcement pursuant to this subdivision: (A)  The accessory dwelling unit was built before January 1, 2020. (B)  The accessory dwelling unit was built on or after January 1, 2020, in a local jurisdiction that, at the time the accessory dwelling unit was built, had a noncompliant accessory dwelling unit ordinance, but the ordinance is compliant at the time the request is made. (2)  The owner of an accessory dwelling unit that receives a notice to correct violations or abate nuisances as described in paragraph (1) may, in the form and manner prescribed by the enforcement agency, submit an application to the enforcement agency requesting that enforcement of the violation be delayed for five years on the basis that correcting the violation is not necessary to protect health and safety. (3)  The enforcement agency shall grant an application described in paragraph (2) if the enforcement determines that correcting the violation is not necessary to protect health and safety. In making this determination, the enforcement agency shall consult with the entity responsible for enforcement of building standards and other regulations of the State Fire Marshal pursuant to Section 13146. (4)  The enforcement agency shall not approve any applications pursuant to this section on or after January 1, 2030. However, any delay that was approved by the enforcement agency before January 1, 2030, shall be valid for the full term of the delay that was approved at the time of the initial approval of the application pursuant to paragraph (3). (b)  For purposes of this section, “accessory dwelling unit” has the same meaning as defined in Section 65852.2. (c)  This section shall remain in effect only until January 1, 2035, and as of that date is repealed. (Added by Stats. 2019, Ch. 653, Sec. 3. (SB 13) Effective January 1, 2020. Repealed as of January 1, 2035, by its own provisions.) State of California HEALTH AND SAFETY CODE Section 50504.5 50504.5. (a)  The department shall develop by December 31, 2020, a list of existing state grants and financial incentives for operating, administrative, and other expenses in connection with the planning, construction, and operation of an accessory dwelling unit with affordable rent, as defined in Section 50053, for very low, low-, and moderate-income households. (b)  The list shall be posted on the department’s internet website by December 31, 2020. (c)  For purposes of this section, “accessory dwelling unit” has the same meaning as defined in paragraph (4) of subdivision (i) of Section 65852.2 of the Government Code. (Added by Stats. 2019, Ch. 658, Sec. 2. (AB 671) Effective January 1, 2020.) State of California CIVIL CODE Section 4751 4751. (a)  Any covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of any interest in a planned development, and any provision of a governing document, that either effectively prohibits or unreasonably restricts the construction or use of an accessory dwelling unit or junior accessory dwelling unit on a lot zoned for single-family residential use that meets the requirements of Section 65852.2 or 65852.22 of the Government Code, is void and unenforceable. (b)  This section does not apply to provisions that impose reasonable restrictions on accessory dwelling units or junior accessory dwelling units. For purposes of this subdivision, “reasonable restrictions” means restrictions that do not unreasonably increase the cost to construct, effectively prohibit the construction of, or extinguish the ability to otherwise construct, an accessory dwelling unit or junior accessory dwelling unit consistent with the provisions of Section 65852.2 or 65852.22 of the Government Code. (Added by Stats. 2019, Ch. 178, Sec. 2. (AB 670) Effective January 1, 2020.) Community Development Department | 1635 Faraday Ave. | Carlsbad, CA 92008 | www.carlsbadca.gov Accessory Dwelling Units CD-11 This information bulletin outlines the state’s development requirements as of Jan. 1, 2020, for constructing accessory dwelling units, often called “ADUs” for short. A complete summary of the regulations can be found on the California Department of Housing and Community Development website, www.hcd.ca.gov. OVERVIEW Aside from traditional market-rate construction, alternative housing types help address home supply and affordability. ADUs can be integrated into existing or proposed single-family residences and at existing multi-family properties in a variety of ways, including converting a portion of an existing house, adding to the existing house, converting an existing garage or storage area, or constructing a new detached structure. ADUs and Junior ADUs offer many benefits: •Low Cost to Build & Affordable-by-Design Units require no public subsidy and cost anywhere from $10,000 for a simple bedroom conversion to $200,000 for a high-end companion unit. •Provides Income to Homeowners Units help create a new income stream, which can help supplement the mortgage on the primary residence. •Environmentally Friendly Accessory units have a low-carbon footprint, using less water, electricity and construction materials. A detached ADU can save 26,000 pounds of CO2 emissions a year. •Flexibility for Changing Households The makeup of today’s household is rapidly changing. Many families are now made up of single parents, extended families or both. Traditional larger single-family homes are often not well suited to the demands associated with this new shift in family structure. TYPES OF ACCESSORY UNITS Accessory Dwelling Unit An ADU, sometimes referred to as a second dwelling unit, is an attached or detached residential dwelling unit that provides complete independent living facilities for one or more people. An ADU includes permanent provisions for living, sleeping, eating, cooking and sanitation. A separate entrance from the main home is required. An ADU may be rented, but only for a term longer than 30 Days. Junior Accessory Dwelling Unit A Junior ADU is like an ADU but typically smaller and has unique standards. Junior ADUs are attached to the main single-family residential dwelling unit. A separate entrance from the main home is required. An efficiency cooking area is required to be provided within the unit. It may include independent sanitation within the unit or shared facilities with the existing residence. No additional parking is required. A Junior ADU may be rented, but only for a term longer than 30 days. Guest House A guest house can be within an accessory building for the sole use of people employed on the property or temporary use by guests of the primary residence. A guest house cannot include a kitchen or wet-bar. They are not ADUs or Junior ADUs, but are regulated as accessory structures. Guest houses cannot be rented or used as a separate dwelling unit. Tiny Houses Tiny houses, sometimes referred to as park model trailers, are not allowed for permanent use on private property. Health and Safety Code §18009.3 and §18010 consider tiny houses recreational vehicles, not a type of mobile or modular home that has been approved or certified by state for permanent living. ADU DEVELOPMENT STANDARDS Construction of an ADU is allowed “by-right” (meaning you just need a building permit) in zones that allow residential development. They require a building permit and, if the property is located within the Coastal Zone, a minor coastal development permit may be required (with no public hearing). Following are other requirements: Single-Family Residential Locations •One ADU is allowed, either attached to an existing or proposed single-family (main) residence or detached and on the same legal lot as the main residence. Documents Referenced HCD – ADU and JADU Regulations Accessory Dwelling Units, §21.10.030 ATTACHMENT 4 Community Development Department | 1635 Faraday Ave. | Carlsbad, CA 92008 | www.carlsbadca.gov 2 • To qualify for an ADU, the property must have an existing main residence; or the ADU must be constructed concurrently with the main residence. • If attached to the main residence, an ADU shall not exceed 50% of the total floor area of the main residence, or up to 850 square feet for a studio or one-bedroom ADU or 1,000 square feet for an ADU that provides more than one bedroom, whichever is less. Cities must allow an ADU to be a minimum of 800 square feet. • If detached from the main residence, an ADU is allowed up to 850 square feet for a studio or one-bedroom ADU, or up to 1,000 square feet for an ADU that provides more than one bedroom. • A detached ADU may be combined with a Junior ADU located within the existing or proposed main residence. Multi-Family Residential Locations • ADUs may be constructed at existing multi-family buildings as follows: o Two ADUs are allowed if located on a lot that has an existing multi-family building, but are detached from that building; o A minimum of one ADU and up to 25% of the number of existing multi-family units within existing non-livable (e.g., garages and storage areas) space of an existing multi-family building can be converted to ADUs. All locations • ADUs must meet the California Residential Code for “Efficiency Dwelling Units” and provide a living area of not less than 220 square feet; an additional 100 square feet must be provided for each occupant more than two (CRC§1208.4). A ‘living room’ is defined as the combined habitable square footage in an ADU dedicated for living, sleeping, eating or cooking. Bathrooms, toilet rooms, closets, halls, storage, or utility space or similar areas are not considered habitable. • An ADU must contain complete independent living facilities, including a permanent kitchen, and separate areas for living and sleeping. • An attached ADU must have a separate entrance from the main residence. • Detached ADUs shall limited one story and 16 feet in height, unless located above or below a garage. • ADU setback standards include the following: o Four-foot minimum setbacks from rear and side- yard property line. Front yard setback and required building separation per zoning standards. o Existing setbacks can be maintained for an existing legal detached garage or existing accessory structure that is converted to an ADU on a lot with an single-family residence. o Setbacks for new ADU can conform to those of a legally demolished structure, provided that the construction of the proposed ADU is built in the same location and to the same dimensions per applicable zoning standards. o Please note: ADU setback separation must meet all applicable fire and safety standards. Parking No additional off-street parking is required for ADUs that meet one of the conditions below; otherwise one space shall be provided on-site: • ADU is within half mile walking distance from public transit, which includes bus stops • ADU is within an established historic district • ADU is within an area where on-street parking permits are required, but not offered to the ADU occupants or ADU is located within one block of a car share area. • ADU is part of existing or proposed primary residence or an accessory structure. If the ADU is constructed in conjunction with the demolition of a garage, carport or covered parking structure, or one of these structures is converted to an ADU, the parking space(s) are not required to be replaced. JUNIOR ADU DEVELOPMENT STANDARDS Construction of a Junior ADU is allowed “by-right” provided the following standards are met: • Only allowed on a single-family residence property and limited to one junior ADU. • Must be contained within the existing or proposed main residence or accessory structure. • A maximum of 500 square feet in size. • An efficiency cooking area is required to be within unit. • A separate entrance from the main dwelling unit or accessory unit is required. An internal connection is optional, unless a restroom is shared with the main home where an internal connection is required. • No separate water, sewer or power connection required. • No parking is required for a Junior ADU. MANDATORY APPROVAL CRITERIA New state regulations specify criteria for “mandatory approval ADUs/Junior ADUs.” These can be with a single-family residence or multi-family building in zones that allow residential development as described above. If the following additional specific criteria are met and the ADU/Junior ADU is not located within the Coastal Commission’s permit or appeal jurisdiction of the Coastal Zone, then only a building permit is required for approval: Community Development Department | 1635 Faraday Ave. | Carlsbad, CA 92008 | www.carlsbadca.gov 3 Single-Family Lots with one ADU or Junior ADU with an existing or proposed single-family residence: • Expansion of existing home limited to 150 square feet and is limited to accommodating ingress and egress. • Setbacks shall be sufficient for fire safety. Single-Family Lots with one detached ADU on lots with an existing or proposed single-family residence: • Maximum size of 800 square feet. • Maximum height of 16 feet per city building height calculation method. • Minimum 4-foot side and rear setbacks, front yard setback per the zone. • One Junior ADU within the home may be combined with one ADU. Multi-family Lots with an existing multi-family building as described above: • ADUs converted from non-livable space • Detached ADUs: o Maximum height of 16 feet per city building height calculation method. o Minimum 4-foot side and rear setbacks, front yard setback per the zone. Additional limits/requirements on mandatory ADUs: • No fire sprinklers for ADU unless required for the primary home. • City cannot require correction of nonconforming zoning conditions but shall require compliance with building codes. GENERAL STANDARDS FOR ALL ADUS AND JUNIOR ADUS • No minimum lot size is required; however, ADUs must meet other zoning standards for maximum size, maximum lot coverage and minimum open space unless the standards would prevent the construction of an ADU that is 800 square feet in size, 16 feet in height with four- foot side and rear yard setbacks and compliant with all other development standards. • At single-family locations, the exterior roofing, trim, walls, windows and color palette of the ADU or Junior ADU shall incorporate the same features as the main dwelling unit. • At multi-family locations, the exterior roofing, trim, walls, windows and the color palette of the ADU conversion shall incorporate the same features as the existing building that the ADU would be provided within. For detached ADUs, it shall be reflective of the nearest building as measured from the wall of the existing building to the nearest wall of the proposed unit. • ADUs and Junior ADUs shall only be rented for a term of longer than 30 days. • AB 670 states that private restrictions such as Conditions, Covenants and Restrictions (HOA CC&Rs) can no longer restrict or prohibit ADUs or Junior ADUs. ADU PERMIT REQUIREMENTS • ADUs require review and approval of a building permit application and may require review and approval of a minor coastal development permit application (if located in the Coastal Zone). The coastal development permit does not require a hearing. • If there is an existing dwelling unit on the property, the city has 60 days from the date of a complete application to approve the ADU/Junior ADU application. Otherwise, the permit is automatically “deemed approved.” • An ADU/Junior ADU associated with a new primary dwelling unit shall follow the permit process timeline of the main permit. • Applicable floor plans of the existing main residence, existing accessory structures, and multi-family structures shall be provided for the attached ADU in addition to any other application submittal requirements. • Applicants must provide mathematical computations of the applicable "floor area" for existing/proposed units. • The project site may require other types of approvals (apart from the ADU approval), depending on the existing and proposed site conditions. For example, if a retaining wall is needed at the side of the lot, this may require a structural load analysis). Please check with city staff for further information prior to submittal. FEES • Plan check and inspection fees apply. • No impact fees are charged by the city for development of an ADU that is less than 750 square feet. There may be other “non-impact” fees by special districts or local agencies (example – plan check or inspection by the other agencies) – please verify in terms of applicability. • Impact fees for an ADU more than 750 square feet are charged proportionately in relation to the square footage of the primary dwelling unit. (For example: If you have a proposed 1,000 square feet ADU, and you have an existing 2,000 square foot primary dwelling unit, you would be charged 50% on an equivalent basis). • Connection fees and capacity charges are based upon either the ADU’s square feet or the number of its drainage fixture unit values, as defined by the Uniform Plumbing Code. ATTACHMENT 5 From: Kevin Dunn <kdunn@rincongrp.com> Sent: Monday, April 6, 2020 10:51 AM To: Don Neu <Don.Neu@carlsbadca.gov>; Teri Delcamp <Teri.Delcamp@carlsbadca.gov>; Corey Funk <Corey.Funk@carlsbadca.gov>; Tom St.Clair <tstclair@rincongrp.com> Subject: Detached ADU's Don and Teri I hope this email finds you and your families to be healthy and safe. What an unprecedented time we are currently living though. I don't know about you, but I don't seem to be quite as efficient working from home. I'm sure it has something to do with my 3 young boys running around the house all day. Last year, we (Rincon Homes) started business planning for ways to be able to offer smaller scale residential rental properties to the community rather than provide only "for sale" homes. Because of this, we started tracking the proposed ADU bills at the state level closely and have spent a considerable amount of time researching the new state ADU guidelines and the new information recently disseminated by the Coastal Commission. Last week, we had a conversation with Corey Funk regarding the new ADU guidelines. Corey was extremely helpful and mentioned that staff is proposing Carlsbad's new ADU guidelines to the planning commission very soon. I would like to take a moment to discuss one topic in which the City of Carlsbad has the autonomy to implement its own guidelines--the size of the detached ADU. According to the state, the detached ADU shall not exceed 1200 SF for 2+ bedrooms. To ensure maximum tenant affordability as well as diversity of the city's ADU tenant mix, we believe the planning department should consider allowing the maximum unit size for the detached ADU to be 1,200 SF. The below reasons and attached documents will help you understand how we have come to that conclusion. Affordability A 1,000 SF detached ADU, will max out with 2 bedrooms and 2 bathrooms. Whereas, a 1,200 SF detached ADU, will max out with 3 bedrooms and 2 bathrooms. Obviously, overall rent for a two bedroom unit will be less than a three bedroom unit - seemingly more affordable. However, with a deeper look, you will see this is not necessarily true. A price per bedroom for a three bedroom will be much more affordable. We pulled all of the Carlsbad rental comps available in the MLS over the last 12 months (see attachments). The average rental rate per bedroom for a 2 bed/2 bath unit is $1,380. The average rental rate per bedroom for a 3 bed/2 bath is $1,112. That equates to a 19.4% discount when renting the 3rd bedroom. We believe this discount will be even greater for a detached ADU because almost all of the 3 bedroom options for rent in Carlsbad are single family homes. These will rent for more than a detached ADU. By allowing up to 1200 SF, you do not prevent someone from building a smaller unit (in fact most lots in Carlsbad wouldn't be able to fit a 1,200 sf detached ADU), however, you do allow the opportunity for families in specific circumstances to take advantage of a more affordable or necessary option by having a 3 bedroom unit. Financially Feasible In certain economic situations it will only make financial sense to build a 3 bedroom unit for property owners. When factoring in all the infrastructure and build costs, certain circumstances won't make it financially feasible based upon the market rents. For example, some properties will require longer undergrounding runs for utilities and more grading - these additional costs can only be absorbed by knowing you can achieve a higher rent from a three bedroom unit. Inclusionary Allowing 1,200 sf, will not prohibit someone from building a 850 or 1,000 sf unit who's specific needs require a 1 or 2 bedroom ADU. We would argue most property owners will still opt for the 1 or 2 bedroom options due to lot size constraints. However, maxing out the allowable square footage at 1,000, would exclude many young or multi-generational families that would like an ADU living option but require three bedrooms (kids rooms, home office, etc.). A 3 bedroom detached ADU is a great middle ground between a 3 bedroom apartment (very difficult to find) and a 3 bedroom single family home. If the goal is to incentivize the development of more affordable units, we strongly believe allowing the maximum SF for detached ADU's should be 1200 SF. I appreciate you taking the time to consider our thoughts. I can make myself available almost anytime for a call with you to discuss in more detail if needed. Thanks again and stay safe, Kevin Dunn Rincon Homes Principal 5315 Avenida Encinas, Suite 200, Carlsbad, CA 92008 p: 949.637.3254 | e: kdunn@rincongrp.com | w: www.rincon-homes.com CA DRE #01996419 Information Provided CourtesySearch CriteriaDRE LIC#: CACaitlin A Petrush01757241760-707-7372Rincon Homes, Inc. - Office: 888-357-3553©CRMLS and ©SDMLS. Information is believed to be accurate, but shall not be reliedArea(Minor)=92008,92009,92010,92011 AND Class=RT ANDOff MarketDate=04/01/2019-06/06/2004/03/2020CMA Summary ReportRESIDENTIAL RENTAL Summary StatisticsHighLowAverageMedianLP:$6,495$2,100$3,364$3,147SP:$6,000$2,100$3,335$3,197RESIDENTIAL RENTAL - ActiveNumber of Properties: 4NumMLS #TypeAddressAddress 2ZipAreaBedsTotBPrcRflEstSFDOMLPLP/EstSF1200011941Twinhome3057 Ocean StCARLSBAD (92008)32Monthly1,55024$6,495$4.192200012420All Other Attached6125 Paseo EnsillarCARLSBAD (92009)32Monthly1,04422$2,395$2.293190065602All Other Attached7051 Estrella De Mar Rd.70CARLSBAD (92009)32Monthly1,783106$2,800$1.574200015141Detached2707 Southampton RdCARLSBAD (92010)32Monthly1,3454$3,000$2.23Avg32143039$3,673$2.57Min3210444$2,395$1.57Max321783106$6,495$4.19Med32144723$2,900$2.26RESIDENTIAL RENTAL - RentedNumber of Properties: 38NumMLS #TypeAddressAddress 2ZipAreaBedsTotBEstSFPrcRflOffMktDateEstSFDOMLPLP/EstSFSPSP/EstSF1190036150All Other Attached810 Home AveCARLSBAD (92008)321,200Monthly8/6/20191,20036$2,795$2.33$2,795$2.332190055176Detached4823 Neblina DrCARLSBAD (92008)321,902Monthly11/18/20191,90242$2,995$1.57$2,995$1.573200012909Detached1982 E PointeCARLSBAD (92008)321,442Monthly3/18/20201,4424$3,100$2.15$3,100$2.154190036154All Other Attached2741 Madison StreetCARLSBAD (92008)321,750Monthly9/24/20191,75085$3,195$1.83$3,195$1.835190058548All Other Attached2038 Avenue Of TheTreesCARLSBAD (92008)321,700Monthly11/4/20191,70010$3,500$2.06$3,500$2.066190058742Detached2550 GregoryCARLSBAD (92008)321,400Monthly11/13/20191,40016$3,800$2.71$3,800$2.717170051779Detached5016 Tierra Del OroCARLSBAD (92008)321,973Monthly6/6/20191,973610$4,000$2.03$4,000$2.038190022760Detached3525 GarfieldCARLSBAD (92008)321,769Monthly5/16/20191,76920$6,000$3.39$6,000$3.399190066043Townhome2903 Rancho PostaCARLSBAD (92009)321,156Monthly12/31/20191,1564$2,450$2.12$2,450$2.12 Information Provided CourtesySearch CriteriaDRE LIC#: CACaitlin A Petrush01757241760-707-7372Rincon Homes, Inc. - Office: 888-357-3553©CRMLS and ©SDMLS. Information is believed to be accurate, but shall not be reliedArea(Minor)=92008,92009,92010,92011 AND Class=RT ANDOff MarketDate=04/01/2019-06/06/2004/03/202010190055594Twinhome2286 Levante StreetBCARLSBAD (92009)321,250Monthly10/14/20191,2505$2,675$2.14$2,675$2.1411190046558All Other Attached7310 Alta VistaCARLSBAD (92009)321,566Monthly8/27/20191,5666$2,695$1.72$2,695$1.7212190052575Townhome6169 Paseo GranitoCARLSBAD (92009)321,140Monthly10/8/20191,14015$2,700$2.37$2,700$2.3713200006119Townhome2556 LUCIERNAGA STCARLSBAD (92009)321,369Monthly2/14/20201,3698$2,700$1.97$2,700$1.9714190054041Twinhome2821 Cebu PlCARLSBAD (92009)321,340Monthly11/25/20191,34055$2,750$2.05$2,800$2.0915190056931Twinhome2286 Levante StreetBCARLSBAD (92009)321,250Monthly11/14/20191,25029$2,795$2.24$2,795$2.2416200010002All Other Attached7310 Alta VistaCARLSBAD (92009)321,566Monthly3/20/20201,56621$2,795$1.78$2,795$1.7817190052400All Other Attached3127 Vista RicaCARLSBAD (92009)321,566Monthly11/12/20191,56652$2,995$1.91$2,995$1.9118190044837Detached2745 La Gran ViaCARLSBAD (92009)321,712Monthly9/30/20191,71249$3,400$1.99$3,400$1.9919190029077Detached6416 Cayenne LaneCARLSBAD (92009)321,830Monthly7/1/20191,83034$3,500$1.91$3,500$1.9120190066036Detached7245 carpa ct. 7245carpa ct.CARLSBAD (92009)322,000Monthly1/12/20202,00016$3,500$1.75$3,600$1.8021190061757All Other Attached2530 Navarra DrBCARLSBAD (92009)321,865Monthly12/28/20191,86543$3,500$1.88$3,500$1.8822190029982Detached3080 Paseo EstriboCARLSBAD (92009)321,901Monthly7/3/20191,90133$3,695$1.94$3,695$1.9423190041862Detached7603 Primavera WayCARLSBAD (92009)321,936Monthly8/23/20191,93625$3,775$1.95$3,775$1.9524190011102Detached3021 Segovia WayCARLSBAD (92009)322,122Monthly4/22/20192,12251$4,000$1.89$4,000$1.8925190015125Detached2251 Paseo SaucedalCARLSBAD (92009)321,963Monthly4/7/20191,96318$4,250$2.17$4,250$2.1726200012965Detached2251 Paseo SaucedalCARLSBAD (92009)321,963Monthly3/15/20201,9631$4,350$2.22$4,350$2.2227190053061Detached2544 La Costa AveCARLSBAD (92009)322,428Monthly11/12/20192,42849$4,975$2.05$4,975$2.0528190027095Manufactured/MobileHome5228 Don ValdezDriveCARLSBAD (92010)321,344Monthly6/28/20191,34443$2,100$1.56$2,100$1.5629190049583All Other Attached2716 Via PlatoCARLSBAD (92010)321,104Monthly9/16/20191,10410$2,525$2.29$2,525$2.2930190015130All Other Attached2866 Englewood WayCARLSBAD (92010)321,362Monthly4/12/20191,36222$2,695$1.98$2,695$1.9831190052589All Other Attached2804 Winthrop AveCARLSBAD (92010)321,362Monthly12/30/20191,362100$2,700$1.98$2,700$1.9832190057625Townhome2810 Via CascadaCARLSBAD (92010)321,104Monthly1/10/20201,10481$2,750$2.49$2,750$2.4933190057520Detached3604 Kingston StCARLSBAD (92010)321,996Monthly12/16/20191,99658$3,100$1.55$3,100$1.5534190029137Detached2768 Avalon Ave.CARLSBAD (92010)321,600Monthly6/6/20191,60010$3,200$2.00$3,200$2.0035190065342Detached1735 Catalpa RoadCARLSBAD (92011)321,559Monthly1/11/20201,55925$3,200$2.05$3,200$2.0536190065279Detached1749 Mallow CourtCARLSBAD (92011)321,653Monthly1/19/20201,65334$3,500$2.12$3,500$2.1237190021353Detached1038 TurnstoneCARLSBAD (92011)322,400Monthly4/27/20192,4008$3,950$1.65$3,950$1.6538190043339Detached1851 Tule CtCARLSBAD (92011)321,512Monthly8/15/20191,51210$4,000$2.65$4,000$2.65Avg321633163345$3,332$2.06$3,336$2.07Min32110411041$2,100$1.55$2,100$1.55Max3224282428610$6,000$3.39$6,000$3.39 Information Provided CourtesySearch CriteriaDRE LIC#: CACaitlin A Petrush01757241760-707-7372Rincon Homes, Inc. - Office: 888-357-3553©CRMLS and ©SDMLS. Information is believed to be accurate, but shall not be reliedArea(Minor)=92008,92009,92010,92011 AND Class=RT ANDOff MarketDate=04/01/2019-06/06/2004/03/2020Med321583158325$3,197$2.02$3,197$2.02 From:Gary Nessim To:Planning Subject:PC meeting item #4 ADUs Date:Wednesday, June 17, 2020 9:32:32 AM ADU maximum allowable sf should be 1200sf as the State of California suggests. Don’t you want your kids to be able to live in Carlsbad? Each unit needs a kitchen and bathroom, the most expensive components. Restraining the size unnecessarily raises the cost per square foot and makes for moreexpensive affordable housing! Gary Nessim First Team Real Estate500 Grand Avenue Carlsbad, CA 92008760 519-5556 . . . CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe.