HomeMy WebLinkAbout2022-07-12; City Council; ; Amendments to the city’s accessory dwelling unit regulations (MCA 2020-0001/ZCA 2020-0002/AMEND 2020-0005/LCPA 2020-0006)CA Review __RK__
Meeting Date: July 12, 2022
To: Mayor and City Council
From: Scott Chadwick, City Manager
Staff Contact: Jennifer Jesser, Senior Planner
jennifer.jesser@carlsbadca.gov, 442-339-2637
Subject: Amendments to the city’s accessory dwelling unit regulations
(MCA 2020-0001/ZCA 2020-0002/AMEND 2020-0005/LCPA 2020-0006)
District: All
Recommended Action
Hold a public hearing and introduce an ordinance (Exhibit 1) acknowledging receipt of the
California Coastal Commission’s certification of Local Coastal Program Amendment (LCPA 2020-
0006) including suggested modifications to the Zoning Ordinance and Local Coastal Program
and approving the modifications.
Executive Summary
On Sept. 1, 2020, the City Council adopted Ordinance No. CS-384 (Exhibit 2), which approved
certain amendments to the accessory dwelling unit regulations in the city’s Zoning Ordinance
and Local Coastal Program, the planning document for the Coastal Zone, to make them
consistent with state law (Exhibit 2 and 3). Although approved by the City Council, the
amendments also require the California Coastal Commission’s approval.
The commission approved the city’s amendments with minor modifications (Exhibit 4) on
March 9, 2022. The city now has until Sept. 9, 2022, to accept the suggested modifications.
The commission’s approval of the proposed code changes will not become effective until the
commission certifies that the city has amended its Local Coastal Program to include the
suggested modifications.
Discussion
Background
In response to the state housing crisis, the California legislature passed a series of bills –
Assembly Bill 68, AB 881 and Senate Bill 13 – that amended Government Code sections 65852.2
and 65852.22 to further encourage the production of accessory dwelling units and junior
accessory dwelling units. An accessory dwelling unit, or ADU, sometimes called a granny flat or
backyard cottage, is a secondary residential unit that shares a lot with existing residential units.
Junior accessory dwelling units are those created within the walls of a proposed or existing
single-family home and may be no larger than 500 square feet.
July 12, 2022 Item #14 Page 1 of 40
The most notable changes deal with the following topics:
• Location of accessory dwelling units
• Allowance for junior ADUs
• ADU size limitations
• Parking limitations on garage conversions
• New time standards for permit processing
• No short-term rentals of ADUs
Three other bills made additional changes to state law related to accessory dwelling units:
• Assembly Bill 670: Homeowners associations must allow ADUs and junior ADUs
• AB 671: Housing elements – a city’s plan for housing – shall incentivize and promote the
creation of ADUs
• AB 587: Nonprofits are allowed to convey title to ADUs separately from the primary
residences
The new legislation went into effect Jan. 1, 2020, and preempts 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 do so, the new state laws automatically apply, and
applicants are permitted to develop accessory dwelling units and junior accessory dwelling
units under the state legislation.
City Council-adopted ordinance
The City Council-approved changes to the Carlsbad Municipal Code on Sept. 1, 2020,
implemented the state’s requirements for ADUs. The adopted ordinance, Ordinance No. CS-
384, was designed to refer to many of the ADU-compliance requirements to state law to the
extent possible rather than repeat state requirements in Carlsbad’s code. This will help reduce
the need for the city to process annual code amendments when state law changes in the
future. Refer to Exhibit 3 for more information on the ADU changes that were approved by City
Council.
Timeline
Oct. 15, 2020 – The ordinance was adopted. The changes went in effect for areas
outside of the Coastal Zone 30 days later.
Nov. 19, 2020 – The Coastal Commission “filed” the city’s application for the changes.
that is, it accepted the application as complete.
Feb. 10, 2021 – The commission approved a one-year delay for the project.
March 9, 2022 – The commission approved the city’s amendments with minor
modifications (Exhibit 4).
Proposed changes from Coastal Commission
The Coastal Commission’s staff found that the majority of the amendments adopted by the City
Council were consistent with the state Coastal Act. However, commission staff determined that
some of the changes did not comply with Chapter 3 of the act and therefore proposed seven
suggested modifications, which are summarized below. A version of the amendments
highlighting the suggested modifications is included with the certification letter in Exhibit 5.
July 12, 2022 Item #14 Page 2 of 40
Carlsbad staff supported modifications 1 through 6 but opposed modification 7, as further
discussed below.
The suggested modifications are:
1. Clarify that ADUs are not permitted on the ground floor of structures facing the
street in the Visitor Commercial and Hospitality districts of the Village and Barrio
Master Plan due to a conflict with the Coastal Act.
2. Since the city’s code references state law, Coastal Commission staff recommended
that the code be amended to include a reference to the effective date of California
Government Code sections 65852.2 and 65852.22, which are the relevant state ADU
laws. This is related to suggestion 5 below.
3.a Delete references to the limits on dwelling units contained in the city’s Growth
Management Plan. This change makes the code consistent with SB330 and SB166 as
well as City Council Resolution No. 2021-074, which determined that the city’s
residential housing caps had been preempted by state law and unenforceable. This
resolution was approved in April 2021, after the City Council adopted the revised
ordinance and the application was submitted to the commission.
3.b City staff initially proposed a reference to Carlsbad Municipal Code Chapter 5.60,
which governs short-term vacation rentals. Coastal Commission staff recommend
against adding that reference, stating that any future amendments to that chapter
5.60 would also require an amendment to the city’s Local Coastal Program. Because
the city code is currently applied citywide, including within the Coastal Zone, it is not
beneficial to add this reference to the city’s Local Coastal Program.
4.a Clarify that a development application shall not conflict with the coastal resource,
public access protection or visual resource protection requirements of the certified
Local Coastal Program.
4.b Replacement parking must be provided when an ADU or JADU eliminates required
off-street parking for an existing residence. This requirement applies to property
located west of the railroad tracks and west of Interstate 5 between Avenida Encinas
to the north and Batiquitos Lagoon to the south. A map of the affected area is
provided in Exhibit 6.
5. City staff proposed adding a statement clarifying that in the event that there is a
conflict between the city’s accessory dwelling unit codes and state law, state law
prevails. Commission staff objected to the addition, arguing that a jurisdiction’s local
coastal program cannot automatically be changed due to changes in state law.
Rather, the city must formally process an amendment to its Local Coastal Programs
so the Coastal Commission may consider any potential impacts between state ADU
law and the California Coastal Act.
6. City staff proposed language clarifying that properties with nonconforming
structures may be converted to accessory dwelling units or junior accessory dwelling
units /JADU so long as the new units met the minimum code requirements. Coastal
staff proposed a modification to the language further requiring that the
July 12, 2022 Item #14 Page 3 of 40
nonconforming structures that impacted coastal resources (e.g., those that encroach
into the buffer area along a beach bluff) are not eligible for conversion.
7. The city’s Zoning Ordinance currently exempts attached ADUs from needing a
coastal development permit. Coastal Commission staff proposed eliminating that
exemption and to start requiring coastal development permits for attached ADUs.
The city opposed this modification during the Coastal Commission hearing.
Ultimately, the Coastal Commission only approved modifications #2 through #6. All suggested
modifications are described in greater detail in Exhibit 7. These modifications are
recommended for City Council adoption and are reflected in the attached ordinance (Exhibit 1).
Consistency with state law
The city’s ADU regulations are effective outside the Coastal Zone and are currently consistent
with state law. If the suggested modifications are accepted, then the entire city will be covered
by a single ordinance that is consistent with state law.
If the modifications are not accepted, the city’s ADU regulations would revert to the previous
ordinance within the Coastal Zone and would not be in compliance with state law.
State law overrules a city’s Zoning Ordinance, but implementation of the ADU regulations inside
the coastal zone will be convoluted and open to challenge from applicants. In addition, the city
would have two separate sets of density bonus regulations for areas inside and outside of the
Coastal Zone.
Fiscal Analysis
There is no anticipated fiscal impact from this action.
Next Steps
Staff will present this ordinance for its second reading and the City Council’s approval at the
next City Council meeting. Staff will then submit evidence to the California Coastal Commission
that the suggested modifications were received and acted on by the City Council. At the next
regularly scheduled Coastal Commission hearing, the Executive Director of the Coastal
Commission is to make a determination that the suggested modifications have been
implemented. The amendment to the Local Coastal Program, LCPA 2020-0006, will become
effective immediately following that determination.
Environmental Evaluation
The City Planner has determined this project is exempt from the California Environmental
Quality Act consistent with CEQA Guidelines Section 15265(a)(1), which states CEQA does not
apply to activities and approvals necessary for the preparation and adoption of a local coastal
program and conducted in accordance with the California Coastal Act, commencing with
Section 30000 of the Public Resources Code, by any local government, as defined in Section
30109 of the Public Resources Code.
Public Notification
This item was noticed in keeping with the state's Ralph M. Brown Act and available for public
viewing and review at least 72 hours before the scheduled meeting date.
July 12, 2022 Item #14 Page 4 of 40
Exhibits
1.City Council ordinance
2.City Council Ordinance No. CS-384
3.City Council staff report dated Sept. 1, 2020
4.Coastal Commission staff report dated March 9, 2022
5.Certification of City of Carlsbad Local Coastal Program Amendment No. LCP-6-CAR-20-0077-
2 (Accessory dwelling units update)
6.Accessory dwelling units replacement parking areas
7.Discussion of suggested modifications
a.Coastal Commission memo dated Jan. 21, 2022
b.Letter to the Coastal Commission dated Mar. 4, 2022
July 12, 2022 Item #14 Page 5 of 40
ORDINANCE NO. CS-427
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, ACKNOWLEDGING RECEIPT OF THE CALIFORNIA COASTAL
COMMISSION'S RESOLUTION OF CERTIFICATION INCLUDING SUGGESTED
MODIFICATIONS FOR LCPA 2020-0006, AND APPROVING THE ASSOCIATED
SUGGESTED MODIFICATIONS TO THE ZONING ORDINANCE AND LOCAL
COASTAL PROGRAM
CASE NAME: Accessory Dwelling Unit Amendments 2020
CASE NO.: ZCA 2020-0002/AMEND 2020-0005/LCPA 2020-0006
WHEREAS, on Sept. 1, 2020, the City Council adopted Ordinance No. CS-384, approving ZCA
2020-0002/AMEND 2020-0005/LCPA 2020-0006-Accessory Dwelling Unit Amendments 2020; and
WHEREAS, the Carlsbad Zoning Ordinance is the implementing ordinance of the Carlsbad Local
Coastal Program, and therefore, an amendment to the Zoning Ordinance also constitutes an
amendment to the Local Coastal Program; and
WHEREAS, the California Coastal Act requires Coastal Commission certification of any local
coastal program amendment; and
WHEREAS, on March 9, 2022, the California Coastal Commission approved the city's Local
Coastal Program Amendment (LCPA 2020-0006) with suggested modifications; and the city received a
letter dated March 23, 2022, from the California Coastal Commission that certifies (resolution of
certification) the Coastal Commission's approval of the city's Local Coastal Program amendment (LCPA
2020-0006), subject to suggested modifications; and
WHEREAS, the California Coastal Commission's approval of LCPA 2020-0006 will not become
effective until the Commission certifies that the city has amended its Local Coastal Program pursuant
to the Commission's suggested modifications; and
WHEREAS, on July 12, 2022, the City Council held a duly noticed public hearing as prescribed by
law to consider the Coastal Commission's suggested modifications
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California,
ordains as follows that:
1.The above recitations are true and correct.
2.Section 21.04.020 of the Carlsbad Municipal Code is amended to read as follows:
Exhibit 1
July 12, 2022 Item #14 Page 6 of 40
21.04.020 Accessory.
“Accessory” means a building, part of a building or structure, or use 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 Section 21.10.030 and California
Government Code Sections 65852.2 (effective Jan. 1, 2020) and 65852.22 (effective Jan. 1, 2020),
respectively, are considered accessory.
3. Section 21.04.121 of the Carlsbad Municipal Code is amended to read as follows:
21.04.121 Dwelling unit, accessory (ADU).
Refer to California Government Code Section 65852.2 (effective Jan. 1, 2020).
4. Section 21.04.122 of the Carlsbad Municipal Code is amended to read as follows:
21.04.122 Dwelling unit, junior accessory (JADU).
Refer to California Government Code Section 65852.22 (effective Jan. 1, 2020).
5. Section 21.10.030 of the Carlsbad Municipal Code is repealed and replaced to read as
follows:
21.10.030 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 California
Government Code Sections 65852.2 (effective Jan. 1, 2020) and 65852.22 (effective Jan.
1, 2020), 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:
July 12, 2022 Item #14 Page 7 of 40
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 California Government Code Sections 65852.2 (effective
Jan. 1, 2020) and 65852.22 (effective Jan. 1, 2020).
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 California Government Code Sections 65852.2
(effective Jan. 1, 2020) and 65852.22 (effective Jan. 1, 2020) 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 California Government Code Sections 65852.2 (effective
Jan. 1, 2020) and 65852.22 (effective Jan. 1, 2020):
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
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
California Government Code Sections 65852.2 (effective Jan. 1, 2020) and
65852.22 (effective Jan. 1, 2020) . 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.
July 12, 2022 Item #14 Page 8 of 40
3. The number and location of ADUs or JADUs on a lot shall be subject to California
Government Code Sections 65852.2 (effective Jan. 1, 2020) and 65852.22
(effective Jan. 1, 2020).
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 California Government Code Sections 65852.2 (effective Jan. 1,
2020) and 65852.22 (effective Jan. 1, 2020).
2. When not in conflict with California Government Code Sections 65852.2
(effective Jan. 1, 2020) and 65852.22 (effective Jan. 1, 2020) and the coastal
resource and public access protection requirements of the certified local
coastal program, ADUs and JADUs shall also comply with applicable
development requirements and standards of this code.
3. The maximum size of an ADU or JADU shall be limited as follows, consistent
with California Government Code Sections 65852.2 (effective Jan. 1, 2020) and
65852.22 (effective Jan. 1, 2020):
a. Attached ADUs – 50% of the total floor area of the main dwelling or
1,200 square feet, whichever is less, but not less than 800 square feet;
b. Detached ADUs – 1,200 square feet
c. JADUs – 500 square feet
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, geologic stability setbacks, and visual resource protection policies 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.
July 12, 2022 Item #14 Page 9 of 40
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. Parking.
a. An ADU shall provide off-street parking in compliance with Chapter
21.44 (Parking), unless it qualifies for an exemption as specified in
California Government Code Section 65852.2 (effective Jan. 1, 2020).
b. No off-street parking is required for a JADU if it meets the requirements
specified in California Government Code Section 65852.22 (effective
Jan. 1, 2020).
c. When a garage, carport, or covered parking structure is demolished in
conjunction with the construction of an ADU or converted to an ADU,
the loss of parking for the primary dwelling does not need to be
replaced, except on lots located west of the rail corridor and on lots
located east of the rail corridor and west of Interstate 5 between
Avenida Encinas to the north and Batiquitos Lagoon to the south. In
which case, the loss of parking for the primary dwelling shall be
replaced subject to the parking requirements in Chapter 21.44
(Parking), except as follows:
i. The replacement parking spaces may be covered, uncovered, or
tandem spaces, or provided by the use of mechanical
automobile parking lifts (within a garage); and may be located in
the front, side or rear yard, provided the parking area is an
improved parking surface, such as paving, hardscape,
decomposed granite, etc.
ii. The location of the replacement parking spaces shall be
consistent with all habitat preserve buffers, geologic stability
setbacks, and visual resource protection policies in the certified
local coastal program.
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. An ADU(s) or JADU shall not be used for short-term rentals of less than
30 days. This requirement does not apply to any unit that was issued a
building permit prior to January 1, 2020.
July 12, 2022 Item #14 Page 10 of 40
b. The obligations and restrictions imposed on the approval of the ADU(s)
per California Government Code Section 65852.2 (effective Jan. 1, 2020)
or JADU per California Government Code Section 65852.22 (effective
Jan. 1, 2020) 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 California Government Code Section 65852.26 (effective
Jan. 1, 2022).
6. Subsection B of Section 21.48.020 of the Carlsbad Municipal Code is amended to read as
follows:
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 on a lot with
an existing nonconforming residential structure that is nonconforming with regard to
geologic setback, public view encroachment, coastal access, or habitat preserve buffers,
and development of the proposed accessory dwelling unit or junior accessory dwelling unit
does not result in redevelopment of the nonconforming residential structure. Pursuant to
California 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, except where the accessory dwelling unit or junior
accessory dwelling unit is located in the Coastal Zone and is attached to the nonconforming
residential structure that is nonconforming with regard to geologic setback, public view
encroachment, coastal access, or habitat preserve buffers, and will result in redevelopment
of the nonconforming structure. For purposes of this section, redevelopment shall mean
alterations to the residential structure resulting from construction of an accessory dwelling
unit or junior accessory dwelling unit that consist of (1) additions to an existing structure,
or (2) exterior or interior renovations, or (3) demolition or replacement of an existing
principal structure, or portions thereof, any of which results in replacement (including
demolition, renovation or alteration) of 50 percent or more of major structural
components including exterior walls, floor, roof structure or foundation, or a 50 percent
increase in gross floor area.
July 12, 2022 Item #14 Page 11 of 40
EFFECTIVE DATE: The approval of this ordinance shall not be effective until the Executive Director
of the California Coastal Commission certifies that implementation of LCPA 2020-0006 will be consistent
with the Coastal Commission’s approval of LCPA 2020-0006 with suggested modifications.
INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the _____
day of ________, 2022, and thereafter
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the _____ day of _____, 2021, by the following vote, to wit:
AYES:
NAYS:
ABSENT:
APPROVED AS TO FORM AND LEGALITY:
_________________________________
CELIA A. BREWER, City Attorney
_____________________________________
MATT HALL, Mayor
______________________________________
FAVIOLA MEDINA, City Clerk Services Manager
(SEAL)
July 12, 2022 Item #14 Page 12 of 40
Exhibit 2
City Council Ordinance No. CS-384
(on file in the Office of the City Clerk)
July 12, 2022 Item #14 Page 13 of 40
Exhibit 3
City Council Staff Report Dated Sept. 1, 2020
(on file in the Office of the City Clerk)
July 12, 2022 Item #14 Page 14 of 40
Exhibit 4
Coastal Commission Staff Report Dated March 9, 2022
(on file in the Office of the City Clerk)
July 12, 2022 Item #14 Page 15 of 40
STATE OF CALIFORNIA - NATURAL RESOURCES AGENCY GAVIN NEWSOM, GOVERNOR
CALIFORNIA COASTAL COMMISSION
SAN DIEGO DISTRICT OFFICE
7575 METROPOLITAN DRIVE, SUITE 103
SAN DIEGO, CA 92108-4402
VOICE (619) 767-2370 FAX (619) 767-2384
March 23, 2022
Corey Funk
City of Carlsbad
Planning Division
1635 Faraday Avenue
Carlsbad, CA 92008
Re: Certification of City of Carlsbad LCP Amendment No. LCP-6-CAR-20-0077-2 (ADU
Update)
Dear Mr. Funk:
On March 9, 2022, the California Coastal Commission denied the Land Use Plan portion of
the above referenced amendment to the City of Carlsbad’s Local Coastal Program (LCP)
involving revisions to the Village and Barrio Master Plan. The Commission approved the
Implementation Plan portion of the above referenced amendment to the City’s LCP. The
approved Implementation Plan amendment involves updating the Zoning Ordinance to
revise regulations related to accessory dwelling units consistent with state law.
The Commission approved the LCP amendment with suggested modifications that
address cross-references to policies that are not part of the certified LCP, parking
requirements for ADUs and primary structures, protection of visual resources, and
nonconformities regarding setbacks and views. The attached modifications contain the
specific changes adopted by the Coastal Commission.
Before the Implementation Plan amendment request can become effectively certified, the
Executive Director must determine that implementation of the approved amendment will be
consistent with the Commission’s certification order. This is necessary because the
amendment was certified with suggested modifications.
In order for the Executive Director to make this determination, the local government must
formally acknowledge receipt of the Commission’s resolution of certification, including any
terms or suggested modifications; and take any formal action which is required to satisfy
them, such as revised plan policies, rezonings or other ordinance revisions. This
certification must also include production of new LCP Implementation Plan Sections 21.04,
21.08, 21.09, 21.10, 21.12, 21.16, 21.18, 21.20, 21.22, 21.24, 21.26, 21.28, 21.31, 21.38,
21.44, 21.45, 21.48, and 21.201 demonstrating that the amendment, as approved by the
Commission and accepted by the City, will be incorporated into the City’s certified Local
Coastal Program immediately upon concurrence by the Commission of the Executive
Exhibit 5
July 12, 2022 Item #14 Page 16 of 40
March 23, 2022
Page 2
2
Director’s determination. The local government’s action must be completely consistent
with the Commission’s certification order; if you are considering any change from what is
presented in the attached suggested modifications, you should contact this office
immediately.
The Commission’s certification order remains valid for six months from the date of its
action; therefore, it is necessary for the City of Carlsbad to take the necessary steps within
six months. If you believe that the City of Carlsbad will need additional time, you may
request up to a one-year time extension but such an extension must be granted by the
Coastal Commission at a subsequent hearing. As soon as the necessary documentation
is received in this office and accepted, the Executive Director will report his/her
determination to the Commission at its next regularly scheduled public hearing. If you
have any questions about the Commission’s action or this final certification procedure,
please contact our office. Thank you and the other staff members who worked on this
planning effort. We remain available to assist you and your staff in any way possible to
continue the successful implementation of the local coastal program.
Sincerely,
For:
Diana Lilly
Coastal Program Manager
July 12, 2022 Item #14 Page 17 of 40
March 23, 2022
Page 3
3
CITY OF CARLSBAD LCP AMENDMENT NO. LCP-6-CAR-20-0077-2
ADU UPDATE
SUGGESTED MODIFICATIONS ADOPTED BY COASTAL COMMISSION
(ON MARCH 9, 2022)
1. [Suggested Modification #1 was denied by the Coastal Commission]
2. Throughout Sections 21.04 and 21.10.030, add the following to all references to
Government Code Section 65852.2:
… 65852.2 (effective Jan. 1, 2022) …
Add the following to all references to Government Code Section 65852.22:
… 65852.22 (effective Jan. 1, 2020) …
3. Revise Section 21.10.030.C as follows:
C. Residential Use and Density. ADUs and JADUs, which comply with the
requirements of this section (21.10.030) and California Government Code
Sections 65852.2 and 65852.22:
[. . .]
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 Chapter 5.60, Short-Term
Vacation Rentals.
4. Revise Section 21.10.030.E. as follows:
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 California Government Code Sections 65852.2 and
65852.22.
2. When not in conflict with California Government Code Sections 65852.2
and 65852.22 and the coastal resource and public access protection
requirements of the certified local coastal program, ADUs and JADUs
shall also comply with applicable development requirements and
standards of this code.
[. . .]
July 12, 2022 Item #14 Page 18 of 40
March 23, 2022
Page 4
4
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, and visual resource
protection policies in the certified local coastal program, habitat
management plan, general plan, or geotechnical report, as applicable.
[. . .]
9. Parking.
a. An ADU shall provide off-street parking in compliance with Chapter
21.44 (Parking), unless it qualifies for an exemption as specified in
California Government Code Section 65852.2 (effective Jan. 1, 2022).
b. No off-street parking is required for a JADU if it meets the
requirements specified in California Government Code Section
65852.22 (effective Jan. 1, 2020).
c. When a garage, carport, or covered parking structure is demolished in
conjunction with the construction of an ADU or converted to an ADU,
the loss of parking for the primary dwelling does not need to be
replaced, except on lots located west of the rail corridor and on lots
located east of the rail corridor and west of Interstate 5 between
Avenida Encinas to the north and Batiquitos Lagoon to the south. In
which case, the loss of parking for the primary dwelling shall be
replaced subject to the parking requirements in Chapter 21.44
(Parking), except as follows:
i. The replacement parking spaces may be covered, uncovered, or
tandem spaces, or provided by the use of mechanical automobile
parking lifts (within a garage); and may be located in the front, side
or rear yard, provided the parking area is an improved parking
surface, such as paving, hardscape, decomposed granite, etc.
ii. The location of the replacement parking spaces shall be consistent
with all habitat preserve buffers, geologic stability setbacks, and
visual resource protection policies in the certified local coastal
program.
[. . .]
11. A Notice of Restriction shall be recorded on the property declaring that:
a. The An ADU and/or JADU shall not be used for short-term rentals
of less than 30 days. This requirement does not apply to any unit
that was issued a building permit prior to January 1, 2020.
July 12, 2022 Item #14 Page 19 of 40
March 23, 2022
Page 5
5
b. The obligations and restrictions imposed on the approval of the
ADU(s) per California Government Code Section 65852.2 and/or
JADU per California Government Code Section 65852.22 are
binding on all present and future property owners.
[. . .]
13. An ADU may be sold separately from the primary dwelling only in limited
situations pursuant to California Government Code Section 65852.26
(effective Jan. 1, 2022).
5. Revise Section 21.10.030.G. as follows:
G. Conflicting Standards. If there is a conflict between the requirements of this
section and requirements of the California Government Code provisions
relating to ADUs and JADUs, including but not limited to Sections 65852.2 or
65852.22, the California Government Code provisions shall apply.
6. Revise Section 21.48.020 as follows:
[. . .]
B. The provisions of this chapter [Nonconforming lots, structures, and uses] do
not apply:
[. . .]
2. When an accessory dwelling unit or junior accessory dwelling unit is
proposed on a lot with an existing nonconforming residential structure that
is nonconforming with regard to geologic setback, public view
encroachment, coastal access, or habitat preserve buffers, and
development of the proposed accessory dwelling unit or junior accessory
dwelling unit does not result in redevelopment of the nonconforming
residential structure. Pursuant to California 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, except where the accessory dwelling
unit or junior accessory dwelling unit is located in the Coastal Zone and is
attached to the nonconforming residential structure that is nonconforming
with regard to geologic setback, public view encroachment, coastal
access, or habitat preserve buffers, and will result in redevelopment of the
nonconforming structure. For purposes of this section, redevelopment
shall mean alterations to the residential structure resulting from
construction of an accessory dwelling unit or junior accessory dwelling
July 12, 2022 Item #14 Page 20 of 40
March 23, 2022
Page 6
6
unit that consist of (1) additions to an existing structure, or (2) exterior or
interior renovations, or (3) demolition or replacement of an existing
principal structure, or portions thereof, any of which results in
replacement (including demolition, renovation or alteration) of 50 percent
or more of major structural components including exterior walls, floor, roof
structure or foundation, or a 50 percent increase in gross floor area.
July 12, 2022 Item #14 Page 21 of 40
Exhibit 6
July 12, 2022 Item #14 Page 22 of 40
Exhibit 7
LCPA 2020-0006 – COASTAL COMMISSION SUGGESTED MODIFICATIONS
Ref. # Suggested Modification Discussion
1
Clarify that ADUs are
not permitted on the
ground floor street
frontage in the Visitor
Commercial and
Hospitality districts of
the Village and Barrio
Master Plan
Commission staff proposed this suggested modification as
the VC and HOSP Districts are meant to serve as visitor-
serving and commercial areas, with ground floor
commercial uses primarily catering to visitors. Permitting
an ADU on the ground floor in an area intended to have
primarily visitor-serving ground floor commercial uses
would be inconsistent with Sections 30213 and 30222 of
the Coastal Act.
City staff supported the modification as ground floor
street frontage spaces are intended for commercial/retail
uses, the suggested modification only affects the VC and
HOSP districts of the Master Plan, ADUs are not treated
differently than other residential uses in these districts
and ADUs are permitted in the other portions of VC/HOSP
properties/buildings excluding the ground floor street
frontage.
However, due to an error in the Commission’s voting, this
modification to the master plan and all of the other city
proposed amendments to the Village and Barrio Master
Plan were not approved. The city is coordinating with
commission staff on how to return to the Commission for
approval of the master plan amendments. In the
meantime, there is no impact to approving ADUs in the
Village and Barrio Master Plan area. ADUs in this plan area
will be reviewed consistent with state law in the same
manner that they have been since 2019.
2
Add reference to the
effective date of
California Government
Code Sections 65852.2
and 65852.22
The city’s proposed ordinance references California
Government Code Section 65852.2 and 95852.22 for the
requirements applicable ADUs and JADUs, rather than
repeat the state’s requirements in the city’s zoning
ordinance.
The Coastal Commission staff report (Exhibit 5) states:
“…the proposed cross-references may become
problematic because the Legislature may amend the
Government Code sections and thus those amendments
July 12, 2022 Item #14 Page 23 of 40
would be incorporated into the LCP without Commission
knowledge or approval, potentially creating additional
inconsistency with the certified LCP or the Coastal Act…To
address this concern, suggested modifications add the
effective date of the Government Code sections
referenced in the City’s ADU regulations to make clear
that only those development standards and requirements
currently in effect are part of the City’s LCP. Any future
changes to the state law provisions that are referenced
are subject to an LCP amendment so that the Commission
can address any provisions that may conflict with the
Coastal Act and the City’s LCP.”
Staff recommends adoption of the modification to ensure
any future changes in state ADU law are adequately
evaluated for consistency with the Coastal Act.
3.a
Delete reference to
dwelling unit limits per
Proposition E
The suggested modification to Carlsbad Municipal Code
Section 21.10.030.C removes the existing reference to
dwelling unit limitations established by Proposition E. In
April 2021 (after the City Council approved LCPA 2020-
0006), the City Council adopted Resolution No. 2021-074,
finding that the dwelling unit limitations established in
Proposition E are preempted by state law and
unenforceable.
City staff supports this suggested modification, as the city
no longer enforces the Proposition E dwelling limits.
3.b
Delete reference to
Municipal Code
Chapter 5.60
The city’s proposed ordinance states that ADUs and JADUs
shall not be considered a dwelling unit under the
definition of “short-term vacation rental” in Chapter 5.60,
Short-Term Vacation Rentals. However, Chapter 5.60 is
not part of the certified Local Coastal Program. Short-term
vacation rentals are allowed within the city’s coastal zone
and Chapter 5.60 of the City’s Municipal Code specifies
licensing and operation requirements for vacation rentals.
By cross-referencing to it in the proposed Local Coastal
Program amendment, the city would be pulling this
chapter into the Local Coastal Program, requiring Local
Coastal Program amendments for any future changes the
city makes to that chapter.
City staff supports this suggested modification, as
removing the cross-reference avoids making Chapter 5.60
inadvertently a part of the LCP by reference. Also
July 12, 2022 Item #14 Page 24 of 40
removing the reference does not change the applicability
of Chapter 5.60.
4.a
Clarify that that
application of Zoning
Code provisions shall
not conflict with the
coastal resource, public
access protection or
visual resource
protection
requirements of the
certified LCP
This suggested modification removes the potential for
conflict between various applicable state and local
regulations by clarifying that ADUs and JADUs must
comply with the LCP policies on coastal resource, public
access protection visual resource protection.
4.b
When an ADU or JADU
eliminates required
off-street parking for a
residence, add a
requirement that the
off-street parking be
replaced on site in
these locations:
• West of the railroad
• West of I-5
between Avenida
Encinas to the
north and
Batiquitos Lagoon
to the south
Pursuant to state ADU law, the city’s proposed ordinance
does not require off-street parking to be replaced when
an ADU eliminates the off-street parking for a residence
(e.g., garage conversion).
The Coastal Commission staff report (Exhibit 5) states:
“…this proposal is not likely to have substantial adverse
effects to coastal resources in the vast majority of the city.
However, in certain coastal areas in Carlsbad (see map in
Exhibit 7), spillover parking demand from private
residential uses would impact the ability of visitors to
access Carlsbad’s shoreline and recreational
opportunities. As such, the amendment could result in
adverse impacts to public access and recreation. To
address these concerns, suggested modifications require
replacement off-street parking to be provided…which will
ensure consistency with the recreation and access
protection policies contained in the certified LUP.” The off
street parking is required in two locations: for all
residential sites west of the rail corridor; and additionally,
for the area south of Avenida Encinas, north of Batiquitos
Lagoon, and west of Interstate 5.
City staff evaluated this modification and determined that,
while state ADU law does not require off-street parking to
be replaced when an ADU or JADU is constructed, the
areas where the requirement will apply are areas where
coastal visitor parking and access are a high priority. Staff
recommends adoption of the modification to ensure
consistency with the coastal access policies of the Coastal
Act.
July 12, 2022 Item #14 Page 25 of 40
5
Remove a statement
about conflicting
standards
The proposed ordinance also includes a statement that, if
there is a conflict between the city’s ADU and JADU
requirements and the requirements of the California
Government Code provisions relating to ADUs and JADUs,
including but not limited to Sections 65852.2 or 65852.22,
the California Government Code provisions shall apply.
However, the City’s proposed ADU and JADU requirements
differ from the referenced Government Code provisions in
order to protect coastal resources. Therefore, the proposed
conflict language creates ambiguity about whether an ADU
must comply with provisions in order to protect coastal
resources.
As modified, the LCP will not automatically incorporate by
reference any future updates to state ADU laws. Therefore,
when an incorporated provision changes, the City must
submit an LCP amendment in order to incorporate the
amendment, which will provide the Commission with an
opportunity to review incorporated provisions for LUP
consistency.
6 Add a definition of
redevelopment related
to nonconforming
structures, such that
correction of
nonconforming
conditions related to
coastal resources
would be required for
an ADU or JADU that
results in
redevelopment of a
nonconforming
structure
The city’s proposed amendment states that the
requirements to correct existing nonconformities does not
apply to ADUs or JADUs that are proposed with an existing
nonconforming residential structure.
The Coastal Commission staff report (Exhibit 5) states:
“…this raises concerns about extending a nonconforming
structure’s adverse impacts on coastal resources such as
habitat buffers or public views. Suggested modifications
would add a definition of redevelopment for the purposes
of the City’s section on nonconforming structures, such
that correction of nonconforming conditions related to
coastal resources [geologic setback, public view
encroachment, coastal access, or habitat preserve buffers]
would be required for an ADU or JADU that results in
redevelopment of a nonconforming structure.”
City staff evaluated this modification and determined that,
while it may impose additional requirements on a
property owner who proposes to construct an ADU or
JADU, it would apply in limited circumstances. Staff
recommends adoption of the modification to ensure
consistency with the coastal resource protection policies
of the Coastal Act.
July 12, 2022 Item #14 Page 26 of 40
7 Remove coastal
development permit
exemption for
attached ADUs.
The Commission’s executive director issued a memo on
Jan. 21, 2022 (Exhibit 7.a), that changed the interpretation
the Commission had for smaller ADUs, and in February
2022 Commission staff proposed the Suggested
Modification #7 to the city’s ordinance. City staff
submitted a letter (Exhibit 7.b) in opposition to this
modification and testified at the March 9, 2022,
Commission meeting and the Commission did not approve
the proposed modifications (Exhibit 4). Therefore, the
revisions in that section reverted back to what Carlsbad
submitted based on the Sept. 1, 2020 action. Detached
accessory dwelling units would require a minor coastal
development permit and attached units would be
reviewed as expansions to single family homes and could
be exempt.
July 12, 2022 Item #14 Page 27 of 40
STATE OF CALIFORNIA – CALIFORNIA NATURAL RESOURCES AGENCY GAVIN NEWSOM, GOVERNOR
CALIFORNIA COASTAL COMMISSION
455 MARKET STREET, SUITE 300 SAN FRANCISCO, CA 94105-2421 VOICE (415) 904-5200 FAX (415) 904-5400
To: Planning Directors of Coastal Cities and Counties
From: John Ainsworth, Executive Director, California Coastal Commission
Date: January 21, 2022
RE: Updates Regarding the Implementation of New ADU Laws
_____________________________________________________________________________________
I. Introduction
California’s ongoing housing crisis continues to exacerbate housing inequity and affordability,
especially in the coastal zone. To address this critical issue, the state Legislature has enacted a
number of laws in the last several years that are designed to reduce barriers to providing
housing and to encourage construction of additional housing units in appropriate locations. To
this end, the 2019 legislative session resulted in a series of changes to state housing laws that
facilitate the development of Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling
Units (JADUs), which can help provide additional housing units that can be more affordable
than other forms of market rate housing. Importantly, the changes did not modify existing
provisions of state housing law that explicitly recognize that local governments must still abide
by the requirements of the Coastal Act, and by extension, Local Coastal Programs (LCPs). Thus,
provisions on coastal resource protection must be incorporated into the planning and
development process, and into updated LCP J/ADU requirements, when considering J/ADUs in
the coastal zone.
The Coastal Commission strongly encourages local governments to update their LCPs with
J/ADU provisions in a manner that harmonizes the State’s housing laws with the Coastal Act.
Doing so would protect the State’s coastal resources while also reducing barriers to
constructing J/ADUs and helping to promote more affordable coastal housing.
The Coastal Commission has previously circulated three memos to assist local governments
with understanding how to carry out their Coastal Act obligations while also implementing state
requirements regarding the regulation of J/ADUs. These memos have raised some questions for
local governments, including the manner in which they are to be understood together. In order
to address this issue, and to reflect lessons learned regarding J/ADU regulation in the coastal
zone in the past few years, this updated memo supersedes and replaces these prior memos.
This updated memo also elaborates on the changes to state housing laws that went into effect
on January 1, 2020 and provides further information to help local governments harmonize
these laws with the Coastal Act. This memo will briefly discuss the authority that the Coastal Act
grants the Commission and local governments over housing in the coastal zone, new legislation
regarding J/ADUs, how local governments can streamline J/ADU applications under the Coastal
Act, and some key issues that should be considered when LCP amendments for J/ADU
Exhibit 7A
July 12, 2022 Item #14 Page 28 of 40
2
provisions are undertaken. This memo is intended to provide general guidance for local
governments with fully certified LCPs. The Coastal Commission is responsible for Coastal Act
review of J/ADUs in most areas that are not subject to a fully certified LCP. Local governments
that have questions about specific circumstances not addressed in this memo should contact
the appropriate district office of the Commission.
II. Coastal Act Authority Regarding Housing in the Coastal Zone
The Coastal Act has a variety of provisions directly related to housing. Relevant here, the
Coastal Act does not negate local government compliance with state and federal law “with
respect to providing low- and moderate-income housing, replacement housing, relocation
benefits, or any other obligation related to housing imposed by existing law or any other law
hereafter enacted.” (Pub. Res. Code § 30007.) The Coastal Act also requires the Coastal
Commission to encourage housing opportunities for low- and moderate-income households
(Pub. Res. Code § 30604(f)) but states that “[n]o local coastal program shall be required to
include housing policies and programs. (Pub. Res. Code § 30500.1.) Finally, new residential
development must be “located within, contiguous with, or in close proximity to, existing
developed areas able to accommodate it” or in other areas where development will not have
significant adverse effects on coastal resources. (Pub. Res. Code § 30250.)
While the Commission does not currently have the explicit authority to provide or protect
affordable housing in the coastal zone, the Commission has continued to preserve existing
density and affordable housing whenever possible, including by supporting and encouraging the
creation of J/ADUs. The creation of new J/ADUs in existing residential areas is one of many
strategies that aims to increase the housing stock, including creating additional housing units of
a type and size that can be more affordable than other forms of housing in the coastal zone, in
a way that may be able to avoid significant adverse impacts on coastal resources.
III. Overview of New Legislation
As of January 1, 2020, AB 68, AB 587, AB 881, AB 670, AB 671, and SB 13 collectively updated
existing Government Code Sections 65852.2 and 65852.22 concerning local government review
and approval of J/ADUs, and as of January 1, 2021, AB 3182 further updated the same laws,
with the goal of increasing statewide availability of smaller, and potentially more affordable,
housing units. Importantly, some of the changes affect local governments in the coastal zone
and are summarized below.
• Local governments continue to have the discretion to adopt J/ADU provisions that are
consistent with state law, and they may include specific requirements for protecting
coastal resources and addressing issues such as design guidelines and protection of
historic structures.
• Outside of an LCP context, existing or new J/ADU provisions that do not meet the
requirements of the new legislation are null and void and will be substituted with the
July 12, 2022 Item #14 Page 29 of 40
3
provisions of Section 65852.2(a) until the local government comes into compliance with
new provisions. (Gov. Code § 65852.2(a)(4).) However, existing J/ADU provisions
contained in certified LCPs are not superseded by Government Code Section 65852.2
and continue to apply to Coastal Development Permit (CDP) applications for J/ADUs
until the LCP is modified. Coastal jurisdictions without any J/ADU provisions or with
existing J/ADU provisions that were adopted prior to January 1, 2020 are encouraged to
update their LCPs to comply with the State’s new laws. Such new or updated LCP
provisions need to ensure that new J/ADUs will protect coastal resources in the manner
required by the Coastal Act and LCP, including, for example, by ensuring that new
J/ADUs are not constructed in locations where they would require the construction of
shoreline protective devices, in environmentally sensitive habitat areas and wetlands, or
in areas where the J/ADU’s structural stability may be compromised by bluff erosion,
flooding, or wave uprush over the structure’s lifetime.
• A major change to Section 65852.2 is that the California Department of Housing and
Community Development (HCD) now has an oversight role to ensure that local J/ADU
provisions are consistent with state law. If a local government adopts an ordinance that
HCD deems to be non-compliant with state law, HCD can notify the Office of the
Attorney General. (Gov. Code § 65852.2(h)(3).) To ensure a smooth process, local
governments should submit their draft J/ADU provisions to HCD and Coastal
Commission staff to review for housing law and Coastal Act consistency before they are
adopted locally and should continue to foster a three-way dialogue regarding any
potential issues identified. Additionally, Coastal Commission and HCD staff meet
regularly to discuss and resolve any issues that arise in the development of J/ADU
provisions in the coastal zone. The Commission continues to prioritize J/ADU LCP
amendments, and some may qualify for streamlined review as minor or de minimis
amendments. (Pub. Res. Code § 30514(d); 14 Cal. Code Regs. § 13554.)
• In non-coastal zone areas, local governments are required to provide rapid, ministerial
approval or disapproval of applications for permits to create J/ADUs, regardless of
whether the local government has adopted updated J/ADU provisions. (Gov. Code §
65852.2(a)(3).) In the coastal zone, CDPs are still necessary in most cases to comply with
LCP requirements (see below); however, a local public hearing is not required, and local
governments are encouraged to streamline J/ADU processes as much as feasible.
Other recent legislative changes clarify that local J/ADU provisions may not require a minimum
lot size; owner occupancy of an ADU (though if there is an ADU and a JADU, one of them must
be owner-occupied); fire sprinklers if such sprinklers are not required in the primary dwelling; a
maximum square footage of less than 850 square feet for an ADU (or 1,000 square feet if the
ADU contains more than one bedroom); and in some cases, off-street parking. Section
65852.2(a) lists additional mandates for local governments that choose to adopt a J/ADU
July 12, 2022 Item #14 Page 30 of 40
4
ordinance, all of which set the “maximum standards that local agencies shall use to evaluate a
proposed [ADU] on a lot that includes a proposed or existing single-family dwelling.” (Gov. Code
§ 65852.2(a)(6).) As indicated above, in specific cases coastal resource considerations may
negate some such requirements, but only when tied to a coastal resource impact that would
not be allowed under the Coastal Act and/or the LCP. In recent LCP amendments, these types of
considerations have most often arisen in terms of the off-street parking provisions (see below).
IV. General Guidance for Reviewing J/ADU Applications
The following section lays out the general permitting pathway in which local governments can
process J/ADU applications in a manner that is consistent with Coastal Act requirements and
LCP provisions.
1) Check prior CDP history for the site.
Determine whether a CDP or other form of Coastal Act/LCP authorization was previously
issued for development of the site and whether that CDP and/or authorization limits, or
requires a CDP or CDP amendment for, changes to the approved development or for future
development or uses of the site. The applicant should contact the appropriate Coastal
Commission district office if a Commission-issued CDP and/or authorization affects the
applicant’s ability to apply for a J/ADU.
2) Determine whether the proposed J/ADU constitutes “development.”
As defined by the Coastal Act, development refers to both “the placement or erection of
any solid material or structure” on land as well as any “change[s] in the density or intensity
of use of land[.]” (Pub. Res. Code § 30106.) Most J/ADUs constitute development if they
include, for example, new construction of a detached ADU, new construction of an attached
J/ADU, or conversion of an existing, uninhabitable, attached or detached space to a J/ADU
(such as a garage, storage area, basement, or mechanical room). The construction of new
structures constitutes the “placement or erection of solid material,” and the conversion of
existing, uninhabitable space would generally constitute a “change in the density or
intensity of use.” Therefore, these activities would generally constitute development in the
coastal zone that requires a CDP or other authorization. (Pub. Res. Code § 30600.)
Unlike new construction, the conversion of an existing, legally established habitable space
to a J/ADU within an existing residence, without removal or replacement of major structural
components (e.g., roofs, exterior walls, foundations, etc.), and which does not change the
intensity of use of the structure, may not constitute development within the definition in
the Coastal Act. An example of a repurposed, habitable space that may not constitute new
development (and thus does not require Coastal Act or LCP authorization) is the conversion
of an existing bedroom within a primary structure.
July 12, 2022 Item #14 Page 31 of 40
5
3) If the proposed J/ADU constitutes development, determine whether a CDP waiver or
other type of expedited processing is appropriate.
If a local government’s LCP includes a waiver provision, and the proposed J/ADU meets the
criteria for a CDP waiver, the local government may issue a CDP waiver for the proposed
J/ADU. The Commission has generally allowed a CDP waiver for proposed J/ADUs if the
Executive Director determines that the proposed development is de minimis (i.e., it is
development that has no potential for any individual or cumulative adverse effect on
coastal resources and is consistent with all Chapter 3 policies of the Coastal Act). Such a
finding can typically be made when the proposed J/ADU project has been sited, designed,
and limited in such a way as to ensure any potential impacts to coastal resources are
avoided (such as through habitat and/or hazards setbacks, provision of adequate off-street
parking to ensure that public access to the coast is not impacted, etc.). (See Pub. Res. Code
§ 30624.7.) Projects that qualify for a CDP waiver typically allow for a reduced evaluation
framework and streamlined approval.
Most, if not all, LCPs with CDP waiver provisions do not allow for waivers in areas where
local CDP decisions are appealable to the Coastal Commission. There have been a variety of
reasons for this in the past, including that the Commission’s regulations require that local
governments hold a public hearing for all applications for appealable development (14 Cal.
Code Regs § 13566), and also that development in such areas tends to raise more coastal
resource concerns and that waivers may therefore not be appropriate. However, under the
state’s J/ADU provisions, public hearings are not required for qualifying development.
Previously circulated Commission J/ADU memos (being superseded and replaced by this
memo) indicated that construction or conversion of a J/ADU contained within or directly
attached to an existing single-family residence (SFR) may qualify as development that
was exempt from the requirement to obtain a CDP. Specifically, the Coastal Act and the
Commission’s implementing regulations identify certain improvements to existing SFRs
that are allowed to be exempted from CDP requirements (Pub. Res. Code § 30610(a); 14
Cal. Code Regs § 13250.) Although the Commission has previously certified some LCP
amendments that permitted certain exemptions for such ADU development, in a recent
action, the Commission reevaluated its position and found that “the creation of a self-
contained living unit, in the form of an ADU, is not an ‘improvement’ to an existing SFR.
Rather, it is the creation of a new residence. This is true regardless of whether the new
ADU is attached to the existing SFR or is in a detached structure on the same property.” 1
On this basis, and based on the finding that a variety of types of J/ADUs—including both
attached and detached J/ADUs—could have coastal resource impacts that make
exemptions inappropriate, it rejected the local government’s proposed exemptions for
certain J/ADUs. Local governments considering updating LCP J/ADU provisions should
consider the Commission’s recent stance regarding exemptions for ADUs and may work
with Commission staff to determine the best way to proceed on this issue.
July 12, 2022 Item #14 Page 32 of 40
6
Because of this, the above-described public hearing issue would not be a concern, so it
could be appropriate for LCPs to allow CDP waivers in both appealable and non-appealable
areas at least related to this criterion. Local governments should consult with Commission
staff should they consider proposing CDP waiver provisions in their LCP. Any LCP
amendment applications that propose to allow waivers in appealable areas should ensure
that there are appropriate procedures for notifying the public and the Commission
regarding approvals of individual, appealable waivers (such as Final Local Action Notices) so
that the proper appeal period can be set, and any appeals received are properly considered.
The Coastal Act also provides for other streamlined processing for certain types of
development, including for minor development. (Pub. Res. Code § 30624.9.) In certain
cases, categories of development can also be excluded from CDP requirements if certain
criteria are met (see box). In any case, local governments without such CDP waiver and
other processing and streamlining tools are encouraged to work with Commission staff to
amend their LCP to include such measures.
Coastal Act section 30610(e) allows certain categories of development that are specified
in Commission-approved Categorical Exclusion (Cat Ex) Orders to be excluded from CDP
requirements, provided that the category of development has no potential for any
significant adverse effect, either individually or cumulatively, on coastal resources. (See
also 14 Cal. Code Regs §§ 13240 et seq.)
Cat Ex Orders apply to specific types of development within identified geographical
locations. For example, the Commission may approve a Categorical Exclusion for J/ADUs
that would normally require a CDP (i.e., it is defined as development) because that
specific development type in that specific geographic area can be demonstrated to not
result in individual and/or cumulative coastal resource impacts. Cat Ex Orders are
prohibited from applying to: tide and submerged lands; beaches; lots immediately
adjacent to the inland extent of any beach; lots immediately adjacent of the mean high
tide line of the sea where there is no beach; and public trust lands.
Cat Ex Orders provide another potential means of streamlining J/ADU consideration, and
interested local governments should consult with Commission staff if they intend to
propose such an Order. Cat Ex Orders are processed separately from LCP amendments,
require a 2/3 vote of the Commission to be approved, and are typically subject to
conditions. Once approved, the local government is responsible for reviewing
development that might be subject to the Cat Ex Order and is typically required to report
any exclusions applied pursuant to the Order to the Commission for review by the
Executive Director and for an appeal period before they can become effective. It is
important to note that while Cat Ex Orders can be a powerful tool if approved, the
Commission must be able to conclude that the specific category of development in a
specific geographic area has no potential for any significant adverse coastal resources
impacts in order to approve one. Thus, the local government pursuing a Cat Ex Order
must provide supporting documentation and evidence that can conclusively show that to
be the case.
July 12, 2022 Item #14 Page 33 of 40
7
4) If a full CDP is required, review CDP application for consistency with certified LCP
requirements.
If a proposed J/ADU constitutes development and cannot be processed as a waiver or
similar expedited Coastal Act approval authorized in the certified LCP, it requires a CDP. The
CDP must be consistent with the requirements of the certified LCP and, where applicable,
the public access and recreation policies of the Coastal Act. The local government must then
provide the required public notice for any CDP applications for J/ADUs and process the
application pursuant to LCP requirements, but should process it within the time limits
contained in the ADU law, if feasible. However, local governments are not required to hold
a public hearing on CDPs for ADUs. (Gov. Code § 65852.2(l).) Once the local government has
issued a decision, it must send the required final local action notice to the appropriate
district office of the Commission. If the CDP is appealable, a local government action to
approve a CDP for the ADU may be appealed to the Coastal Commission. (Pub. Res. Code §
30603.)
V. Key Considerations
Per Government Code Section 65852.2, subd. (l), known as the Coastal Act Savings Clause, the
State’s new ADU requirements shall not be “construed to supersede or in any way alter or
lessen the effect or application of the California Coastal Act of 1976.” There are a number of
key issues that local governments should account for in order to ensure their LCP J/ADU
provisions are consistent with the requirements in the Coastal Act. This section addresses some
of the key issues that the Commission has dealt with recently, including public coastal access
parking requirements and protection of sensitive habitats and visual qualities. Local
governments are encouraged to contact their local Coastal Commission district office for
further assistance.
Protection of public recreational access in relation to parking requirements
Government Code Section 65852.2 requirements regarding parking for J/ADUs are as follows:
a. One parking space is required per unit or per bedroom, whichever is less. The parking
space can be a tandem space in an existing driveway.
b. When a garage, carport, or covered parking structure is demolished in conjunction with
the construction of an ADU, no replacement parking space(s) are required.
However, Section 65852.2 further stipulates that the parking requirements listed above do not
apply to ADUs constructed:
a. Within ½ mile walking distance of public transportation stops/routes;
b. Within a historic district;
c. Within a primary residence or accessory structure;
d. When on-street parking permits are required but not offered to the occupant of the
ADU;
July 12, 2022 Item #14 Page 34 of 40
8
e. And where a car-share vehicle is located within one block of the ADU.
Thus, the Government Code limits the circumstances when a local government can require a
J/ADU project to address its parking needs onsite. This is a departure from most local
government parking requirements which often explicitly specify the number of off-street
parking spaces that must be provided onsite in any particular development, including
residential development. The potential outcome is that private residential J/ADU parking needs
can be shifted onto adjacent public streets. At the same time, the Coastal Act contains
objectives and policies designed to protect and provide for maximum coastal access
opportunities, which includes maintaining sufficient public coastal parking, including as
implemented through LCP off-street parking provisions. The addition of J/ADUs may interfere
with coastal public street parking availability if, for example, a garage is converted to a J/ADU
and parking is not replaced onsite, in addition to the J/ADU parking demand itself. The
Commission has often found that when private residential parking needs are not
accommodated onsite, it can lead to increased use of on-street parking to address such needs,
thereby reducing the availability of on-street parking to the general public. This may adversely
affect public coastal access if it occurs in high visitor-serving areas and/or areas with significant
public recreational access opportunities, and where on-street parking is heavily used. The result
will be that the general public could be displaced from on-street parking by J/ADU parking
needs, which may violate the Coastal Act’s requirements to protect, provide, and maximize
public coastal access and recreational opportunities. In many impacted coastal neighborhoods,
development patterns over the years have not adequately accounted for off-street parking
needs, and adding J/ADU parking to the mix will only exacerbate such public parking difficulties.
Additionally, because general on-street parking is typically free or lower cost compared to other
public parking facilities, J/ADU construction may also interfere with maintaining lower cost
coastal access for all.
In order to avoid conflicts regarding parking requirements for J/ADUs as they may impact public
access, local governments are encouraged to work with Commission staff to identify or map
specific neighborhoods and locations where there is high visitor demand for public on-street
parking needed for coastal access and to specify parking requirements for each such area that
harmonizes Government Code requirements with the Coastal Act (and any applicable LCP
policies). These maps can denote areas that supply important coastal public parking and access
opportunities, and require that J/ADU development in these areas ensure that private
residential parking needs are accommodated off-street. Importantly, such upfront LCP mapping
and provisions allow the local government to address impacts to public access and parking
supply without the need for a protracted, or even necessarily a discretionary, decision. The
Commission has previously found that local governments may include specific off-street parking
requirements for J/ADUs constructed in these locations and may also require maintenance of
all off-street parking for the primary residence (see examples below). However, harmonizing
the distinct priorities between the Coastal Act’s protection of public coastal access and the
J/ADU provisions on parking requirements will require a case-by-case consideration of the
specific circumstances of each jurisdiction.
July 12, 2022 Item #14 Page 35 of 40
9
Protection of sensitive habitats and visual qualities; avoidance of hazards
While most J/ADU projects take place within established residential neighborhoods where
potential coastal resource impacts are fairly limited, there can be cases where such projects
may affect significant coastal resources, such as sensitive habitats and shorelines and beaches.
As a general rule, LCPs include many provisions protecting such resources, and it is important
that proposed J/ADU provisions are not structured to undo any such LCP protections that
already apply. J/ADUs may need to be reviewed for specific siting and design standards,
particularly in visually sensitive areas (such as the immediate shoreline, between the first public
road and the sea, near LCP-designated scenic areas, etc.). Similarly, where sensitive habitat may
be present, J/ADUs must be reviewed for impacts to such habitat, including with respect to fuel
modification for defensible space. Additionally, local governments should include provisions for
J/ADUs constructed in areas vulnerable to sea level rise and other coastal hazards which ensure
not only that these structures will meet all LCP requirements for new development to be safe
from such hazards, but that also addresses the need for future sea level rise adaptations
(including future accommodation or removal, risk disclosure conditions on the J/ADU, and any
other risk-related issues dealt with in the LCP).
VI. Examples of Recently Updated ADU Provisions in Certified LCPs
A number of local jurisdictions have recently updated their LCPs to include new J/ADU
provisions. Coastal Commission staff reports are linked below, which summarize specific issues
that arose between Coastal Act requirements and the new J/ADU provisions as well as the
necessary changes that were made in order to harmonize each jurisdiction’s LCP with the
State’s housing laws. The suggested modifications shown in the staff reports were all approved
by the Coastal Commission.
City of Santa Cruz (approved May 2021). This LCP amendment included clarifying language to
address which provisions of the new state housing laws applied to ADUs in the coastal zone of
the City of Santa Cruz as well as ensuring that the coastal resource protection provisions of the
City’s current LCP are maintained. The amendment also addressed specific off-street parking
requirements for ADUs sited near significant coastal visitor destinations. The City of Santa Cruz
adopted the Commission’s modifications in August 2021.
City of Pacifica (approved June 2021). This LCP amendment revised the City’s Implementation
Plan to incorporate J/ADU provisions that are in line with the updated state housing laws,
including streamlined procedures for J/ADU review and permitting processing, providing J/ADU
development standards, and crafting tailored modifications to address specific public access
parking needs in key visitor destination areas. The City of Pacifica adopted the Commission’s
modifications in August 2021.
County of San Mateo (approved July 2021). This LCP amendment incorporated more specific
ADU regulations relating to size limits, maximum number of J/ADUs permitted per lot,
streamlined review and process of J/ADU permits, and parking availability in areas that are
July 12, 2022 Item #14 Page 36 of 40
10
significant coastal visitor destinations. The County of San Mateo adopted the Commission’s
modifications in September 2021.
City of Encinitas (approved August 2021). The Coastal Commission approved revisions to the
City of Encinitas’ Implementation Plan that updated existing definitions for ADUs and JADUs
and clarified development standards for accessory units, including standards for size, height,
and setbacks.
City of Santa Barbara (approved December 2021). The Coastal Commission approved
Commission staff’s revision of the City of Santa Barbara’s LCP amendment submittal addressing
updated ADU provisions to be consistent with state housing laws. The amendment revised
J/ADU terms and definitions, building standards, parking requirements, and permitting review
and processing procedures. The staff report included modifications that address the CDP
exemption issue (discussed above).
July 12, 2022 Item #14 Page 37 of 40
Community Development Department
1635 Faraday Avenue Carlsbad, CA 92008 442-339-5088 t
March 4, 2022
Donne Brownsey, Chair, and Commissioners
California Coastal Commission
455 Market Street, Suite 300
San Francisco, California 94105
SUBJECT: SUGGESTED MODIFICATIONS FOR CARLSBAD ACCESSORY DWELLING UNIT UPDATE
(LCP-6-CAR-20-0077-2)
Dear Chair Brownsey and Members of the Commission,
The City of Carlsbad thanks the Coastal Commission for postponing the Carlsbad Accessory Dwelling
Unit Update (LCP-6-CAR-20-0077-2) from the commission’s February meeting to the March
meeting; the city appreciates the opportunity to resolve city concerns with the related suggested
modifications. After successfully working with commission staff, the suggested modifications have
been revised to address the majority of city concerns, and city staff support the revised
modifications, except for the modifications to coastal development permit (CDP) exemptions
(suggested modification #7).
The Carlsbad Local Coastal Program (LCP) Implementation Plan (Carlsbad Municipal Code Section
21.201.060.B) currently exempts attached accessory dwelling units (ADU) from a coastal
development permit (CDP), except in the circumstances identified in Carlsbad Municipal Code
Section 21.201.060.B., such as in environmentally sensitive areas or within Coastal Commission
appeal areas. The city’s proposed Accessory Dwelling Unit Update (LCP-6-CAR-20-0077-2) does not
change the types of improvements that are currently exempt from a CDP, other than to add
reference to “junior accessory dwelling units (JADU).”
The suggested modifications to LCP-6-CAR-20-0077-2 would require a minor CDP for all ADUs and
JADUs, unless they are entirely within an existing dwelling and do not expand existing habitable
space. The city requests that the Coastal Commission retain the city’s existing CDP exemption for
ADUs, and include JADUs, that are attached to or within an existing dwelling, for the following
reasons:
1.The existing CDP exemption for improvements to an existing residential building, including
ADUs that are attached to the primary residence or converted from existing space, does not
apply in sensitive coastal resource areas, as listed below. With these exceptions to the CDP
exemption, there is no significant need to require a CDP in order to ensure protection of coastal
resources.
Exceptions to CDP exemption:
a. On a beach, wetland or seaward of the mean high tide line;
Exhibit 7B
July 12, 2022 Item #14 Page 38 of 40
Suggested Modifications for Carlsbad ADU Update
March 4, 2022
Page 2
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 PRC 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. Significant alteration of landforms including removal or placement of vegetation on a beach,
wetland, or sand dune, or within fifty feet of the edge of a coastal bluff;
e. Expansion or construction of water wells or septic systems;
f. Improvements to establish an accessory dwelling unit that is attached to the primary
residence, or converted from the existing space of a primary residence or attached accessory
structure where such primary residence or attached accessory structure is nonconforming
with respect to habitat preserve buffers or geologic stability setbacks in the certified local
coastal program.
2. Requiring a CDP for all attached ADUs, which are currently exempt from a CDP, is an
unnecessary deterrent to the construction of ADUs. As described above, the protection of
coastal resources is addressed by excluding certain areas from the CDP exemption.
3. The suggested modifications will require a CDP for any ADU or JADU that increases existing
habitable space; however, a room addition or other expansion of habitable space would be
exempt from a CDP, unless in the areas listed above. As an example, a 400 square foot ADU
addition vs. a 400 square foot room addition results in the same habitable space, but one has a
kitchen. A homeowner could construct a room addition to an existing dwelling, and after
construction of the room addition the added space could be converted to an ADU without a
CDP. This situation could be avoided by retaining the city’s existing CDP exemption for
attached ADUs, which are currently subject to the same exemption provision as room additions
or other improvements to an existing dwelling. The city’s proposal would provide the same
protection to coastal resources, with the addition of encouraging the natural affordable housing
that accessory dwellings provide.
4. The suggested modifications will result in an increase in the number of CDPs that the city must
process in a compressed timeframe, as the 2020 changes to state law (Government Code
Section 65852.2) requires all accessory dwelling units be processed within 60 days (120 days
prior to 2020), if there is an existing dwelling on the property. City staff have difficulty meeting
the 60-day processing requirement for the ADUs that require a minor CDP today. Increasing the
number of CDPs for ADUs and JADUs will be an added burden to the city’s already heavy
workload.
July 12, 2022 Item #14 Page 39 of 40
Suggested Modifications for Carlsbad ADU Update
March 4, 2022
Page 3
City staff support the suggested modifications to LCP-6-CAR-20-0077-2, except for the modifications
to CDP exemptions. Therefore, the city respectfully requests, for the reasons described above, that
the Coastal Commission support the city’s LCPA to Carlsbad Municipal Code Section 21.201.060, as
submitted, which retains the existing CDP exemption for attached ADUs and adds JADUs to the
exemption.
Sincerely,
JEFF MURPHY, Director
Community Development Department
cc: Gary Barberio, City of Carlsbad Deputy City Manager
Don Neu, City of Carlsbad City Planner
Eric Lardy, City of Carlsbad Principal Planner
Jennifer Jesser, City of Carlsbad Senior Planner
Corey Funk, City of Carlsbad Associate Planner
Diana Lilly, California Coastal Commission, District Manager
Erin Prahler, California Coastal Commission, District Supervisor
Carrie Boyle, California Coastal Commission, Coastal Program Analyst
July 12, 2022 Item #14 Page 40 of 40
AFFIDAVIT OF MAILING
NOTICE OF PUBLIC HEARING
TO: CITY CLERK
DATE OF PUBLIC HEARING:
SUBJECT: WC:a.MlfM~ Q,\.oOG .(! /k :i Qf't\rud/, :Jo;o
LOCATION: [ili200 Carlsbad Village Drive, Carlsbad, CA 92008
D Other: ------------------
DATE POSTED TO CITY WEBSITE f..t)/ !::>W;}o:E:J
DATE NOTICES MAILED TO PROPERTY OWNERS: {,p { '60/~
NUMBER MAILED: lf Le
I declare under penalty of perjury under the laws of the State of California that I am employed by
the City of Carlsbad and the foregoing is true and correct.
DEPARTMENT: 6c1TY CLERK'S OFFICE □OTHER _______ _
j_ Y}rv-: . -td,2--d<2oa.-;.,
Signature Date
SENT TO FOR PUBLICATION VIA E-MAIL TO: □ Union Tribune on ___ _
Bcoast News on W';Jg/:Jc.:;)a.
PUBLICATION DATE: Union Tribune --------------
Coast News ___ J.4-,L.../=1/~""'=r'--"';lc).. ............. .-..-____ _
I declare under penalty of perjury under the laws of the State of California that I am employed by
the City of Carlsbad and the foregoing is true and correct.
DEPARTMENT: ~ CLERK'S OFFICE □ OTHER _______ _
Signature Date
Attachments: 1) Mailing Labels
2) Notice w/ attachments
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN to you, because your interest may be affected, that the City Council of the City
of Carlsbad will hold a public hearing at the Council Chamber, 1200 Carlsbad Village Drive, Carlsbad,
California, at 5 p.m. on Tuesday, July 12, 2022, to consider approving city's accessory dwelling unit
regulations (MCA 2020-0001/ZCA 2020-0002/AMEND 2020-0005/LCPA 2020-0006), and more particularly
described as:
Introduction of an ordinance acknowledging receipt of the California Coastal
Commission's certification of Local Coastal Program Amendment (LCPA 2020-0006}
including suggested modifications to the Zoning Ordinance and Local Coastal Program.
Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. The
staff report will be available on or before Fri., July 8, 2022. If you have any questions, please contact Eric
Lardy in the Planning Division at (442) 339-2712 or eric.lardy@carlsbadca.gov. The meeting can be viewed
online at https://www.carlsbadca.gov/city-hall/meetings-agendas or on the City's cable channel. In
addition, written comments may be submitted to the City Council at or prior to the hearing via U.S. Mail
to the attention of Office of the City Clerk, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, or via email
to clerk@carlsbadca.gov.
If you challenge the amendments to the Zoning Ordinance and Local Coastal Program in court, you may
be limited to raising only those issues you or someone else raised at the public hearing described in this
notice or in written correspondence delivered to the City of Carlsbad, Attn: City Clerk's Office, 1200
Carlsbad Village Drive, Carlsbad, CA 92008, at or prior to the public hearing.
CASE FILE: MCA 2020-0001/ZCA 2020-0002/AMEND 2020-0005/LCPA 2020-0006
CASE NAME: Accessory Dwelling Unit Amendments 2020
PUBLISH: July 1, 2022
CITY OF CARLSBAD
CITY COUNCIL
' I AVERY 5160 :
AXELSON &CORN ATTORNEYS ATLAW
SUITE 201
160 CHESTERFIELD DRIVE
ENCIN ITAS CA 92007
CA COASTAL COMMISSION
7575 METROPOLITAN DRIVE
STE. 103
SAN DIEGO, CA 92108
CHANNEL ISLANDS NATL PARK
SUPERINTENDENT'S OFFICE
1901SPINNAKER DRIVE
VENTURA CA 93001
COUNTY OF SD SUPERVISOR
ROOM 335
1600 PACIFIC
SAN DIEGO CA 92101
DEPT OF HOUSING & URBAN DEV REGION
IX
ENVIRONMENTAL OFFICER
300 North Los Angeles Street Suite 4054
LOS ANGELES CA 90012
WATER RESOURCES CONTROL BOARD
PO BOX 100
SACRAMENTO CA 95801
EDWIN ROMERO,CHAIRPERSON
1095 BARONA ROAD
LAKESIDE CA 92040
SD COUNTY PLANNING &LAND USEDEPT
SUITE 310
5510 OVERLAND AVENUE
SAN DIEGO CA 92123-1239
USARMYCORPS OF ENGINEER
SUITE 1101
915 WILSHIRE BOULEVARD
LOS ANGELES CA 90017
U.S. BUREAU OF RECLAMATION
SOUTHERN CALIFORNIA AREA OFFICE (SCAO)
SUITE A
27226VIA INDUSTRIA
TEMECULA CA 92590
I
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BUREAU OF INDIAN AFFAIRS
2800 COTTAGE WAY
SACRAMENTO CA 95825
CA DEPT OF FISH & WILDLIFE
ATTN CHRISTINE BECK
3883 RUFFIN ROAD
SAN DIEGO CA92123
CITY OF ENCINITAS
505 S VULCAN AVENUE
ENCINITAS CA 92024
DEPT OF FOOD & AGRICULTURE
AGRICULTURAL RESOURCES
ROOM 100
1220 N STREET
SACRAMENTO CA 95814
DEPT OF JUSTICE
DEPT OF ATTY GEN
SUITE 1800
600 WEST BROADWAY
SAN DIEGO CA 92101
MARINE RESOURCES REG DR & G ENV
SERVICES SPR
SUITE J
4665 LAMPSON AVENUE
LOS ALAMITOS CA 90720-5139
SAN FRANCISCO BAY CONSERV & DEV
COM
375 BEALE STREET SUITE 510
SAN FRANCISCO CA 94105-2177
SDGE
8315 CENTURY PARK COURT
SAN DIEGO CA 92123
USARMYCORPSOFENGINEERS
REGULATORY DIVISION
SUITE 100
5900 LA PLACE COURT
CARLSBAD CA 92008
US FISH & WILDLIFE SERVICES
2800 COTTAGE WAY
SUITE W-2605
SACRAMENTO CA 95825
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BUSINESS, TRANS& HSGAGENCY
UNIT#3508
915 CAPITOL MALL
SACRAMENTO CA 95814-4801
CA DEPT OF TRANSPORTATION DISTRICT 11
DIVISION OF PLANNING/DEVELOPMENT REVIEW
4050 TAYLOR STREET, MS-240 SAN
DIEGO CA 92110
COASTAL CONSERVANCY
1515 CLAY STREET, 10TH FLOOR
OAKLAND, CA 94612
DEPT OF FORESTRY ENV COO RD
PO BOX 944246
SACRAMENTO CA 94244-2460
FAA WESTERN-PACIFIC REGION
777 S. AVIATION BLVD., SUITE 150
EL SUGUNDO, CA 90245
OFF OF PLANNING & RESEARCH
OFF OF LOCAL GOV AFFAIRS
1400 10TH STREET
SACRAMENTO CA 95814-5502
SANDAG EXECUTIVE DIRECTOR
SUITE 800
1ST INTERNATIONAL PLAZA
401 B STREET
SAN DIEGO CA 92101
US BUREAU OF LAND MGMT
SUITE ROOM W
2800 COTTAGE WAY
SACRAMENTO CA 95825
USDA RURAL DEVELOPMENT
DEPT 4169
430 G STREET
DAVIS CA 95606
USARMYCORPSOFENGINEERS
STE 100
5900 LA PLACE CT
CARLSBAD CA 92008
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• I AVERY 5160 :
NORTH COUNTY TRANSIT DISTRICT
801 MISSION AVE
OCEANSIDE CA 92054
CARLSBAD WATER DISTRICT
5950 EL CAMINO REAL
CARLSBAD CA 92008
REGIONAL WATER QUALITY CONTROL
BOARD -SAN DIEGO REGION
STE 100
9174 SKY PARK CT
SAN DIEGO CA 92123-4340
SAN DIEGO COUNTY WATER AUTHORITY
4677 OVERLAND
SAN DIEGO CA 92123
SAN DIEGO AIR POLLUTION CONTROL
DISTRICT
10124 OLD GROVE RD
SAN DIEGO CA 92131
VALLECITOS WATER DISTRICT
201 VALLECITOS DE ORO
SAN MARCOS CA 92069
I
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OLIVENHAIN MUNICIPAL WATER DISTRICT
1966 OLIVENHAIN RD
ENCINITAS CA 92024
CARLSBADUNIFIEDSCHOOLDISTRICT
6225 EL CAMINO REAL
CARLSBAD CA 92011
PLANNING DIRECTOR
CITY OF SAN MARCOS
l CIVIC CENTER DR
SAN MARCOS CA 92069
SAN MARCOS SCHOOL DISTRICT
STE 250
255 PICO AV
SAN MARCOS CA 92069
CITY PLANNER
CITY OF OCEANSIDE
300 NORTH COAST HWY
OCEANSIDE CA 92054
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LEUCADIA WATER DISTRICT
1960 LA COSTA AV
CARLSBAD CA 92009
US FISH & WILDLIFE
STE 250
2177 SALK AV
CARLSBAD CA 92008
PLANNING DIRECTOR
CITY OF VISTA
600 EUCALYPTUS
VISTA CA 92084
SAN DIEGUITO UNION HIGH
SCHOOL DISTRICT
710 ENCINITAS BLVD
ENCINITAS CA 92024
ENCINITAS UNIFIED SCHOOL DISTRICT
101RANCHOSANTAFERD
ENCINITAS CA 92024
Allez a avery.ca/gabarits :
Util1sez leGabarit Avc,ry 5160 1
PROPOSED ACTION
Introduce an ordinance acknowledging receipt
of and approving the California Coastal
Commission’s suggested modifications to the
city’s Accessory Dwelling Unit Ordinance.
ITEM 14: ACCESSORY DWELLING MODIFICATIONS
{ City of
Carlsbad
BACKGROUND
•Sept. 2020 City Council approved update to
Accessory Dwelling Unit Ordinance
•Accessory dwelling unit law
o City required to permit them
o Specifies limits on regulations
ITEM 14: ACCESSORY DWELLING MODIFICATIONS
{ City of
Carlsbad
COASTAL COMMISSION
•Nov. 2020 submittal to Coastal Commission
•Staff identified modifications to be
consistent with Coastal Act
ITEM 14: ACCESSORY DWELLING MODIFICATIONS
{ City of
Carlsbad
SUGGESTED MODIFICATIONS
•Replacement Parking
•Replace parking when ADU eliminates
required off-street parking
•Areas where parking for coastal public
access could be impacted most
ITEM 14: ACCESSORY DWELLING MODIFICATIONS
0
D Parking Replacement Areas
--Railroad
D Parcels
0.5 ••c:::==-•••• Miles A
DocumontF\:t.!l:V.s;h-1.0lS II u~rch201!11.Co!r.Eco11Di;,,'$11An1
{ City of
Carlsbad
SUGGESTED MODIFICATIONS
•Clarify effective date of state law
•Delete references to city code sections
•Protect coastal resources, public access
•Remove reference to state law prevailing
over city code
ITEM 14: ACCESSORY DWELLING MODIFICATIONS
{ City of
Carlsbad
COASTAL COMMISSION
•March 2022 Coastal Commission approval
•Suggested modifications
•City acceptance required before effective
ITEM 14: ACCESSORY DWELLING MODIFICATIONS
{ City of
Carlsbad
STAFF RECOMMENDATION
Introduce an ordinance acknowledging receipt
of and approving the California Coastal
Commission’s suggested modifications to the
city’s Accessory Dwelling Unit Ordinance.
ITEM 14: ACCESSORY DWELLING MODIFICATIONS
{ City of
Carlsbad