HomeMy WebLinkAboutPRE 2022-0026; TARMAN SUBDIVISION; Admin Decision LetterJune 3, 2022
JOEL TARMAN
4158 HIGHLAND DRIVE
CARLSBAD, CA 92008
4?~/~3/.;2-1-
8FILE COPY ('City of
~Jv Carlsbad
SUBJECT: PRE 2022-0026 (DEV2022-0089) -TARMAN SUBDIVISION
APN: 206-160-02-00
Dear Mr. Tarman,
Thank you for submitting a preliminary review application for a proposed two lot subdivision at 4158
Highland Drive. The project site, an approximately 0.91-acre lot (39,636 square feet), currently is
developed with a single-family home fronting Highland Drive. The proposed subdivision seeks to subdivide
the 39,636 square foot lot into two lots with a vacant lot being created of approximately 11,249 square
feet in size fronting Hillside Drive and the other lot with an existing single-family home fronting Highland
Drive being of approximately 28,387 square feet in size. In general, the application is requesting a
feasibility analysis of the proposed subdivision/urban lot split pursuant to the Carlsbad Municipal Code
and CA Senate Bill 9 (SB-9), commonly referred to as the Housing Opportunity & More Efficiency (HOME)
Act.
In response to your application, the Planning Division has prepared this comment letter. Please note that
the purpose of a preliminary review is to provide you with direction and comments on the overall concept
of your project. This preliminary review does not represent an in-depth analysis of your project. It is
intended to give you feedback on critical issues based upon the information provided in your submittal.
This review is based upon the plans. policies, and standards in effect as of the date of this review. Please
be aware that at the time of a formal application submittal. new plans, policies, and standards may be
in effect and additional issues of concern may be raised through a more specific and detailed review.
Planning:
General
1. General Plan and zoning designations for the property are as follows:
a. General Plan: R-4 Residential, 0-4 dwelling units per acre (du/ac). Growth Management Control
Point of 3.2 du/ac.
b. Zoning: R-1-15,000 (One-family Residential with 15,000 square foot minimum lot sizes)
Community Development Department
Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 442-339-2600 www.carlsbadca.gov
PRE 2022-0026 (DEv20_2.2:oos!)-}A,~~~. UBDIVISION
June 3, 2022 .· · · ~ · -'~ ,. 4
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. . ~· . ' .. )
c. The project site is located within the Coastal Zone and is subject to the Mello II Segment of the
Local Coastal Program (LCP). The LCP Land Use and Zoning are consistent with the City's
General Plan Land Use and Zoning for the site as discussed above. The property is not located
within the California Coastal Commission's Appeals Jurisdiction.
2. The project as proposed does not meet city requirements. If the project is revised to meet city
requirements the following administrative permits are required:
a. Minor Subdivision (MS)
b. Minor Coastal Development Permit (CDP)
c. Minor Hillside Development Permit (HDP)
3. The application is requesting a feasibility analysis of the proposed lot split pursuant to: 1) the Carlsbad
Municipal Code; and 2) CA Senate Bill 9 (SB-9), commonly referred to as the Housing Opportunity &
More Efficiency (HOME) Act.
Carlsbad Municipal Code
This comment analyzes the proposed minor subdivision pursuant to the lot standards outlined in the
Carlsbad Municipc;1I Code (CMC), more particularly, CMC Sections 20.16.010 and 21.10.090. As
outlined below, the proposed subdivision would be infeasible for the following reasons:
a. Pursuant to CMC Section 20.16.010.B every lot created within a subdivision shall contain a
minimum lot area, as specified in CMC Title 21, for the zone in which the lot is located. This lot is
located within the R-1-15,000 zone; and as such, each lot is required to have a minimum lot area
of 15,000 square feet. The proposal seeks to subdivide the lot into two lots: 1) a vacant lot fronting
Hillside Drive approximately 11,249 square feet in size, which does not meet the minimum 15,000
square foot lot size; and 2) a lot with an existing single-family home fronting Highland Drive
approximately 28,387 square feet in size. In addition to lot area, the newly created lots would
need to demonstrate they meet the minimum setback standards of the R-1-15,000 zone. For both
lots, where the lot widths exceed 100 feet, the minimum setbacks would be as follows: 20 feet
for the front and rear yards, and 10 feet for each side yard.
b. Also, pursuant to CMC Section 20.16.010.H, the lot depth of the vacant lot fronting Hillside Drive
shall be at least 90 feet. As highlighted on the APN map exhibit that was submitted with the
preliminary review application, the depth on the north side is depicted as 41.73 feet, which does
not meet this criterion.
CA Senate Bill 9 (SB-9)
This comment analyzes the proposed urban lot split pursuant to SB-9. As outlined below, the proposed
urban lot split is infeasible as it does not meet the requirements of SB-9:
a. No more than two new parcels of approximately equal lot size can be created per Government
Code Section 66411.7(a)(l). The proposal seeks to create one lot that is approximately 11,249
PRE 2022-0026 {DEV2022-0089) -TARMAN SUBDIVISION
June 3, 2022
Page 3
square feet and another lot that is approximately 28,387 square feet. Neither lots are of
approximately equal size; in fact, one lot is more than twice the size of the other lot.
b. No one parcel can be smaller than 40% of the original parcel per Government Code Section
66411.7(a}(l). In this case, 40% of the original lot size is 15,854 square feet (0.40 x 39,636 =
15,854). Therefore, the smallest lot could not be less than 15,854 square feet. The proposed lot
size for the smallest lot is 11,249 square feet.
4. Biological Resources Assessment. Other challenges that may· pose an obstacle to an urban lot split
include whether any protected biological habitat exists on the property that is subject to Habitat
Preservation and Management Requirements, CMC Chapter 21.210. A formal submittal of this project
will need to include a biological resources technical report prepared by a registered biologist in
accordance with the specific requirements of CMC Chapter 21.210, the Habitat Management Plan for
Natural Communities in the City of Carlsbad (a.k.a. the Habitat Management Plan (HMP)). For
guidelines on the required contents of the biology letter, please reference the "Guidelines for
Biological Studies", which can be obtained at the Planning Division's front counter or referenced
online at:
https://www.carlsbadca.gov/home/showdocument?id=1604
5. The project appears to propose construction into or on top of a slope which has a gradient of fifteen
percent or more and an elevation differential greater than fifteen feet. Therefore, the proposed
development would require a minor hillside development permit (HDP) and would be subject to the
Hillside Development Regulations as discussed in CMC Chapter 21.95.
6. Applicant Questions. The application requests that staff answer the following questions:
a. Can the lot be subdivided and a SFR be built and sold?
Staff Response: The lot cannot be subdivided based on the configuration presented. Please see
Planning Division Comment No. 3 above.
b. Can the lot be subdivided and sold as an unimproved lot that is able to have a SFR built?
Staff Response: The lot cannot be subdivided based on the configuration presented. Please see
Planning Division Comment No. 3 above.
c. Does this property qualify to be split and improved under California's SB-9 Home Act?
Staff Response: Based on the configuration presented in this preliminary review, the lot does not
qualify to be split and improved under California's SB-9 Home Act. Please see Planning Division
Comment No. 3 above.
d. Can an accessory dwelling unit be built and rented? What size? How many units?
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Staff Response: Attached is Informational Bulletin 18-111 covering Accessory Dwelling Units
(ADUs) and all special requirements governing said development. In general, the property which
already includes an existing sing'le-family home, could potentially accommodate a Junior
Accessory Dwelling Unit (JADU) as well as an ADU. JADUs shall not exceed a maximum 500 square
feet. Attached AD Us shall not exceed 50% of the total floor area of the existing main residence,
or 1,200 square feet in size, whichever is less. Detached ADUs are allowed up to 1,200 square feet
in size depending on lot coverage allowances. As part of a formal submittal, a restriction shall be
recorded against the properties as a condition of approval prohibiting the use of all units from
being used as short-term vacation rentals; the units must be rented for a term longer than 30
days·.
e. Could a variance be considered if [the subdivision] doesn't meet standard lot sizes?
Staff Response: There doesn't appear to be grounds to support a variance for a standard lot split.
The required findings to approve a variance contained within CMC Section 21.50.050 cannot be
met.
f. Under SB-9, could a variance be considered if under the 40% of the original lot size?
Staff Response: No. The requirements of SB-9 must be met to be considered a SB-9 application.
A variance would preclude the project from being considered an SB-9 application. The current
design does not meet the SB-9 eligibility criteria per Government Code Section 66411.7(a)(l).
g. What would be required for approval?
Staff Response: As discussed above in Planning Division Comments No. 3, the city of Carlsbad
would not be able to approve a minor subdivision or SB-9 urban lot split as currently designed and
presented in this preliminary review. Additionally, staff does not offer design advice. However, if
demolition of the primary dwelling was to be considered, it may be possible to propose a minor
subdivision project that meets minimum lot size and structure setback requirements. To
determine this, we would recommend contacting a reputable professional engineering and/or
planning design firm to help with evaluation prior to submitting any formal applications for
consideration.
All necessary application forms, submittal requirements, and fee information are available at the Planning
counter located in the Faraday Building at 1635 Faraday Avenue or online at
https:llwww.carlsbadca.gov/departments/community-development/planning. You may also access the
General Plan Land Use Element and the Zoning Ordinance online at the website address shown. Please
review all information carefully before submitting.
Land Development Engineering:
1. Per CMC 20.16.010.B every lot created within a subdivision shall contain the minimum lot area
specified in Title 21 for the zone in which the lot is located. This lot is in R-1-15,000 and each lot is
required to have 15,000 sf. Delineate the area of each parcel proposed. If the proposed project
cannot meet this criterion, then the project cannot be subdivided per the subdivision code.
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2. Per CMC 20.16.010.H, the lot depth shall be at least 90 feet. As highlighted on the APN map, the
depth on the north side is depicted as 41.73 feet, which does not meet this criterion.
3. In order to qualify for an urban lot split through SB-9 California Home Act, the proposed subdivision
shall conform to all applicable objective requirements from the Subdivision Map Act and CMC,
including: No one parcel can be smaller than 40% of the original parcel. The proposed subdivision
does not meet this criterion.
4. All items listed on the P-2 form are required for review of the discretionary application. This includes
proposed improvements, general grading and drainage to show how the proposed facility will drain.
5. Earthwork quantities shall be annotated on the site plan and any remedial excavations required by
the soils report shall be noted.
6. Show and callout all existing and proposed utilities to support the proposed development.
7. Provide an updated title report, delineate and annotate all existing and proposed easements on the
site plan.
8. Highland Drive and Hillside Drive are both designated as alternative design streets and therefore this
development is not subject to installing street frontage improvements on either Highland Drive or
Hillside Drive at this time. For an alternative design street, the property owner will be required to
record a neighborhood improvement agreement (NIA) with the city.
9. A 5-foot dedication for right-of-way is required along Hillside Drive to increase the half street width
from 25-feet to 30-feet as measured from the roadway centerline to the property line, unless applying
for a single lot duplex through SB-9.
10. Based on a preliminary review of the existing topography it appears that a grading plan and permit
will be required for any proposed structure as part of a condition of the discretionary approval.
11. Provide a Storm Water Standards Questionnaire, Form E-34, available on the City of Carlsbad website.
All impervious surface proposed or replaced shali be shown on Form E-34.
12. Once proposed improvements are depicted on a site plan a more thorough review will be provided.
Building Division:
1. The Building Division has no comments. at this time regarding this latest submittal for conceptual plan
review. The following comments are provided courtesy of the Building Division in the event a lot split
is able to be approved and an ADU proposed:
a. Sewer design with fixture unit counts for entire sewer line shall be provided, including the new
ADU if the ADU ties into the existing sewer line prior to the sewer main connection.
PRE 2022-0026 {DEV2022-0089) -TARMAN SUBDIVISION
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Page 6
b. Electrical load calculations and single line diagram for entire electrical design, including the new
house shall be provided. Solar is required for new habitable space.
c. Carlsbad Climate Action (CAP} is triggered for this project. CAP specific plan details need to be
coordinated with energy documentation and clearly shown on the plans.
d. Single line diagram for proposed gas fixtures including the new ADU fixtures shall be provided.
Fire Department:
1. Any Fire Department comments provided after this letter will follow under separate cover.
If you would like to schedule a meeting to discuss this letter with the commenting departments, please
contact Jason Goff at the number below. You may also contact each department individually as follows:
• Planning Division: Jason Goff, Senior Planner, at (442} 339-2643
• Land Development Engineering: Nicole Fine, Project Engineer, at (442} 339-2744
• Building Division: Jason Pasiut, Building Official, at 442-339-2788
• Fire Department: Randy Metz, Fire Inspections, at (442} 339-2661
Sincerely,
~lt
DON NEU, AICP
City Planner
DN:JG:mh
Attachments:
1. Informational Bulletin 18-111 -Accessory Dwelling Units (ADUs}
c: Nicole Fine, Project Engineer
Fire Prevention
Laserfiche/File Copy
Data Entry
'
Accessory Dwelling Unit s
{"city of
Carlsbad
Informational Bulletin
Over the past decade, the state legislature has made
several modifications to Gov. Code §65852.2,
progressively making it easier and less expensive for
property owners to build accessory dwelling units,
often called ADUs. This Info-Bulletin outlines the
city's development requirements for new ADU
construction that is consistent with state law, as of
January 2021.
Considering the constantly evolving laws affecting
ADUs, the CA Department of Housing and
Community Deve lopment {HCD) publishes a useful
ADU Handbook that provides information on the
most recent and relevant changes to ADU laws.
HCD's resource guide should be used as a
supplement to this Info-Bulletin.
BACKGROUND
The state faces a serious housing problem that not
only threatens its economic security, also the lack of
access to affordable housing can have a direct
impact upon the health, safety, diversity, and
welfare of Carlsbad residents.
To retain a healthy livable environment and meet
state mandated housing goals, more needs to be
done to accommodate locally available and
affordable housing stock. Unfortunately, no single
housing program will be enough to meet housing
demands.
Pursuant to Govt. Code §65852.150, t he state
legislature found and declared t hat ADUs are an
essential component of the state's housing supply
and provide an alternative option to traditional
1B-111
Documents Referenced
State law; §65852.2 & §65852.150
HCD; ADU Handbook
HCD; ADU Website
Health & Safety Code; §18010 & §18009.3
Carlsbad Municipal Code; §21.10.030
Residential Building Permit Application; B-1
Minor Coastal Development Permit; P-6
market-rate home construction. ADUs can be
integrated into existing or proposed homes in a
variety of ways, including converting a portion of an
existing house, adding to the existing house,
converting an existing garage, storage area, studio
or other accessory building, or constructing a new
detached structure. Development of ADUs offer
many benefits, a few of which are reflected below.
Low Cost to Build
ADUs require no public subsidy and cost anywhere
from $10,000 for a simple bedroom conversion to
$200,000 for a higher-end companion unit.
Provides Income to Homeowners
ADUs help create a new income stream for property
owners, which can help supplement mortgage cost s
on the main home.
Environmentally Friendly
ADUs 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
compared to a single-family dwelling.
Flexibility for Changing Households
The makeup of today's household is rapidly
changing. Many families are now made up of
single/aging parents or extended families who do
not require large living spaces. ADUs are often better
suited to meet the living space demands associated
with this new shift in family structure.
Community Development Department I 1635 Faraday Ave. I Carlsbad, CA 92008 I www.carlsbadca.gov
TYPES OF ACCESSORY DWELLING UNITS
ADUs have many different names ---granny flats, in-
law units, backyard cottages, and secondary units
just to name a few. Despite the name, an ADU isa
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. An ADU
may be attached to or detached from the primary
dwelling, integrated into existing or proposed a
single-family home or multi-family residences, or
created by converting existing space such as a
garage.
Development requirements for an ADU will vary
depending upon where the unit is constructed on
the property. More information about this is covered
under the General Development Standards section
of this Info-Bulletin. But before moving on to the
standards, it is important to understand that not all
accessory structures are considered ADUs and some
structures must meet specific and unique standards
· to qualify as an ADU.
Junior Accessory Dwelling Unit
A Junior
Accessory
Dwelling Unit
(JADU) is an
ADU, but
smaller in size
with unique
development
standards; the
most significant being that JADUs must be located
within the main single-family home wfth a separate
entrance. An efficiency cooking area is required to
be provided within the unit. It may include
Page 2 of 6
independent sanitation within the unit or shared
facilities with the existing residence. No additional
parking is required for a JADU.
Guest Houses
A guest house,
or accessory
living quarters,
is a type of
accessory
structure for
the sole use of
people
employed on
the property or temporarily used by guests of the
primary residence. Essentially, a guest house acts as
an extra bedroom to the main home. As such, a
guest house cannot include a kitchen or wet bar and
cannot be rented or used as a separate dwelling
unit.
Park Model Trailers
Park model
trailers,
sometimes
referred to as
"tiny homes,"
have been
marketed as an
inexpensive
alternative to
conventional ADU construction. Unfortunately, park
model trailers are not designed for long-term
habitation and not allowed for permanent use on
private property. California Health & Safety Code
§18010 and §18009.3 define park model trailers as
recreational vehicles. While they may look more
like a mobile (manufactured) home and less like an
RV, park model trailers are not certified by HCD as
meeting the minimum health and safety standards
for permanent housing. However, the manufactured
homes that you often find in a "mobile home park"
are state HCD certified, and therefore can be used as
an ADU.
GENERAL DEVELOPMENT STANDARDS
Per state law, permitting an ADU is limited to an
administrative approval process ---no discretionary
review, CEQA environmental analysis, or public
hearings ---the city can only apply clearly defined
objective development standards (e.g., parking
IB-lll_Accessory Dwelling Units (Revised: 12/21)
• l
setback, size, height, landscaping). However, the
applicable development standards t hat get applied
to an ADU varies depending upon the type and
location of the ADU proposed. This makes
implementing state ADU law, cha llenging. The
following sections have been created to help
applicants navigate ADU development standards.
• Development Standards for ADUs
• Development Standards for JADUs
• Development Standards for Certain ADU Types
o Multi-family ADUs
o Mandatory-ADUs
Development Standards for ADUs
The following development standards apply to all
ADUs, whether attached or detached.
One attached or one detached ADU is allowed
on a single-family lot; not both.
Notwithstanding, a detached ADU and a JADU
can both be on the same property.
The property must have an existing main
residence; or the ADU must be constructed
concurrently with the main residence.
ADUs shall comply with the construction
standards of the California Residential Code for
"Efficiency Dwelling Units." Key building
construction standards worth noting.
o AD Us must have a separate entrance from
the main residence.
o ADUs must contain complete independent
living facilities, including a permanent
kitchen and areas for living and sleeping.
IB-lll_Accessory Dwelling Units (Revised: 12/21)
o New detached ADUs shall include the
installation of a solar photovoltaic system.
o Fire sprinklers are not required for an ADU
unless fire sprinklers were required when
the primary home was constructed.
• ADUs shall comply with all applicable zo ning
code standards, with the following exceptions.
o Detached AD Us that are >800 square feet
in s-ize or attached AD Us that are >800
square feet in size and >16 feet in height
are subject to maximum lot coverage
requirements. No ADU is subject to
minimum lot size requirements.
o Adequate water and sewer services shall
be readily available; Upgrades to existing
services may not be required.
o Size requirements
Attached ADUs shall not exceed 50% of
the total floor area of the existing main
residence, or 1,200 square feet in size,
whichever is less. This will not preclude
a single-family residential lot from
building an 800 sq. ft. ADU.
• Detached ADUs are allowed up to
1,200 square feet in size depending on
lot coverage allowances.
o Height requirements
Detached ADUs are limited to one story
and 16 feet in height, unless located
above a detached ga rage then the 2nd
story detached ADU must conform with
the applicable height limit of the zone.
Roof decks are not permitted on
detached ADUs.
Attached 1-or 2-story ADUs are
subject to the limits specified under t he
applicable zone.
o Setback requirements
Attached and detached ADUs shall
maintain a minimum four-foot setback
from rear and side-yard property line.
Front yard setback and required
building sepa ration requirements are
Page 3 of 6
per applicable zoning standards and
building code standards, respectively.
• Detached AD Us greater than 800
square feet shall maintain a 10-foot
sepa ration from main residence.
• Existing setbacks ca n be maintained for
an existing non-conforming detached
garage or existing accessory structure
that is converted to an ADU.
• Setbacks for new ADU ca n 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 sa me dimensions.
o Parking requirements
• One parking space shall be required,
which may be located within the
building setbacks or in an existing
driveway as tandem parking.
• Notwithstanding, a parking space is not
required for an ADU if the property
meets any one of the following:
-Located within½ mile from public
transit, which includes bus stops.
-Located within an historic district.
-Constructed as part of a
proposed or existing residence or
accessory structure.
-Located within one block of a
dedicated car share lot.
• Parking spaces do not need to be
rep laced when a garage, carport, or
covered parking structure is
demolished and/or converted into an
ADU.
Miscellaneous Requirements
o The exterior roofing, trim, walls, windows,
and color palette of the ADU shall
incorporate the same features as the main
dwelling unit.
o ADUs sha ll only be rented for a term of at
least 30 days. ADUs that were issued a
building permit prior to Jan. 1, 2020 are
exempt from this requirement.
Page 4 of 6
o Pursuant to Civil Code §4751 (a), private
restrictions such as Conditions, Covenants
and Restrictions (HOA CC&Rs) can no
longer prohibit the co nstruction and
renting of ADUs. See the State's HCD
guidebook for more information.
Development Standards for JADUs
The following st andards apply to all JADUs.
One JADU is allowed to be constructed within
the walls of a proposed or existing single-family
residence. Additions or modifications to an
existing residence for the purpose of building a
JADU are allowed.
An ADU and a JADU can be constructed on the
same lot when a detached ADU or ADU
conversion is proposed.
The property owner must occupy either the
JADU or the main residence. In cases where
both an ADU and JADU are constructed, t he
owner must live in one of the three units.
JADUs sha ll comply w ith ALL zoning code
standards applicable to the main residence,
with the following exceptions.
o The JADU shall be a maximum of 500
square feet in size.
o No parking is required for a JADU
• JADUs shall comply with the standards of t he
Ca lifornia Residential Code, similar to the main
residence. Key building construction standards
worth noting.
o An efficiency cooking area is required.
IB-lll_Accessory Dwelling Units (Revised: 12/21)
v
... ' ..
o A separate entrance from the main
residence is required.
o An internal connection is optional unless a
restroom is shared with the main residence
in which case an internal connection is
required.
o No separate water, sewer or power
connection required.
o Fire sprinklers are not required for an JADU
unless fire sprinklers were required when
the primary home was constructed.
Miscellaneous Requirements
o The ext erior roofing, trim, walls, windows,
and color palette of the JADU shall
incorporate the same features as the main
dwelling unit.
o JADUs shall only be rented for a term of at
least 30 days. JADUs that were issued. a
building permit prior to Ja~. 1, 2020 are
exempt from this requirement.
o Pursuant to Civil Code §4751 (a), private
restrictions such as Conditions, Covenants
and Restrictions (HOA CC&Rs) can no
longer restrict or prohibit the construction
and renting of JADUs.
Development Standards for Certain ADU Types
Pursuant to Govt. Code Section 65852.2(e), the state
established four categories of ADUs that are not
subject to any other specified areas of ADU law,
most notably zoning and development standards.
However, AD Us authorized under this code section
must still meet the building code and health and
safety requirements. Because of overlapping
similarities, the four categories have been combined
into two ADU types: Multi-family AD Us and
Mandatory-AD Us. ADUs meeting the limited
standards described below shall be allowed.
Multi-family ADUs
o Non-livable space within existing multi-
family structures may be converted into an
ADU. Examples of areas that can be
converted include storage rooms and
garage spaces.
o A minimum of one ADU is allowed in a
multi-family structure; the maximum
number of ADU allowed is equal to 25% of
the number of existing multi-family units in
IB-lll_Accessory Dwelling Units (Revised: 12/21)
the structure. Fractional units are rounded
down.
o Notwithstanding the first two bullets, up to
two detached ADUs are allowed on a lot
that has existing multi-family units so long
as the ADUs maintain a rear and side yard
setback of four feet and no taller than 16
feet in height.
o HOA authorization is required for ADUs
proposed in multi-family condominium
common areas.
Mandatory-AD Us
o The maximum size of the mandatory-ADU
can be no more than 800 square feet.
o The maximum height of the mandatory-
ADU can be no higher than 16 feet per city
building height calculation method.
o The mandatory-unit shall maintain a
minimum of four-foot side and rear
setbacks, front yard setback per t he zone.
o Notwithstanding, one mandatory-ADU and
one JADU are permitted per lot within the
existing or proposed space of a single-
family home, or a JADU within the walls of
the single-family residence, or a
mandatory-ADU within an existing
accessory structure is allowed.
PERMIT PROCESSING STEPS
The section below provides the required permit
applications and general processing steps to secure
necessary approvals for an ADU, JADU, Multi-family
ADU, or Mini-ADU (collectively referred in this
Page 5 of 6
section as "ADUs"). The permit application submittal
must include all required information in order for the
packet to be accepted and processed.
Building Permit Application
All ADUs are required to submit a residential
building permit application and required
supporting documentation (Form B-1 ).
All ADUs proposed as part of a remodel/new
primary dwelling unit sha ll follow the permit
process timeline of the permit for the primary
dwelling unit.
• The project site may require other types of
permit approvals (apart from the ADU
approval), depending on the existing and
proposed site co nditions. 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.
Coastal Development Permit Application
The following permitting steps shall apply to
processing a CDP for projects within the Coastal
Zone.
• All proposed ADUs located within the California
Coasta l Zone require a Minor Coastal
Development Permit (MCDP) (Form P-6).
o Exception: Attached ADUs and JADUs
located outside of the Coastal Appeal Zone
Page 6 of 6
only require approval of a building permit
application (a MCDP is not required).
• A public hearing shall not be required to
approve an ADU. Neighboring property owners
will still be notified of the permit application
pursuant to city code but permit approval will
be done administratively by the City Planner.
The City Planner's decision can be appealed to
the Coastal Commission.
Permit Application Fees
All applicable plan check and inspection fees
apply. However, no impact fees are charged 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 (e.g.,
plan check or inspection by the other agencies).
Please contact those agencies directly.
• Impact fees for an ADU more than 750 square
feet are charged proportionately in relation to
the square footage of the primary dwelling unit.
(e.g., 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). For an
ADU on a lot with a multi-family dwelling, the
proportionality shall be based on the average
square footage of the units within that multi-
family dwelling structure.
A new utility connection may be required, and
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 California Plumbing Code. Utility
connections and fees shall not be required for
AD U/JADUs converted from the existing space
of a home, including expansions of 150sf.
YOUR OPTIONS FOR SERVICE
For projects requiring a building permit, please
contact the Building Division at 760-602-2719 or via
email at Building@carlsbadca.gov.
For CDPs, please contact the Planning Division at 760-
602-4610 or via email at Planning@carlsbadca.gov.
IB-lll_Accessory Dwelling Units (Revised: 12/21)