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HomeMy WebLinkAbout2022-07-19; City Council; 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 S...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 19, 2022 Item #11 Page 3 of 9 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 accesso�y 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 AD Us and JADUs. B.Standards of Review. Review of ADUs and JADUs shall be consistent with the following: July 19, 2022 Item #11 Page 4 of 9 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 � 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 residentia_l 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 19, 2022 Item #11 Page 5 of 9 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. AD Us and JADUs shall comply with all the following requirements and standards: 1.ADUs and JADUs shall co"mply 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 AD Us .. 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 19, 2022 Item #11 Page 6 of 9 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 19, 2022 Item #11 Page 7 of 9 ,. 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 ac;:cessory 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 19, 2022 Item #11 Page 8 of 9 I ,. 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 12th day of !!!!Y, 2022, and thereafter PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 19th day of July, 2021, by the following vote, to wit: AVES: NAYS: Hall, Blackburn, Bhat-Patel, Acosta. None. ABSENT: Norby. APPROVED AS TO FORM AND LEGALITY: �It.�/ p4,5/ f1�Alh::J, CELIA A. BREWER, City Attorney � MATT HALL, Mayor � ./vt FAVIOLA MEDINA, City Clerk Services Manager (SEAL) July 19, 2022 Item #11 Page 9 of 9