HomeMy WebLinkAbout2023-03-15; Planning Commission; Resolution 7473A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AMENDMENTS
TO THE ZONE CODE AND LOCAL COASTAL PROGRAM TO ENSURE
CONSISTENCY WITH STATE LAW RELATED TO ACCESSORY DWELLING
UNITS AND JUNIOR ACCESSORY DWELLING UNITS.
CASE NAME: ACCESSORY DWELLING UNIT AMENDMENTS 2023
CASE NO: ZCA 2023-0001/ LCPA 2023-0017/ PUB 2023-0002
WHEREAS, the City Planner has prepared amendments to the Zone Code and Local Coastal
Program, pursuant to Chapter 21.52 of the Carlsbad Municipal Code, to ensure consistency with state laws
related to accessory dwelling units and junior accessory dwelling units; and
WHEREAS, the City Planner has prepared a Local Coastal Program Amendment, as
provided in Public Resources Code Section 30514 and Section 13551 of California Code of Regulations Title
14, Division 5.5, to ensure consistency with the Zone Code; and
WHEREAS, the proposed amendment is set forth in the draft City Council Ordinance,
Attachment A dated, March 15, 2023, and attached hereto ZCA 2023-0001/ LCPA 2023-0017/PUB 2023-
0002 ACCESSORY DWELLING UNIT AMENDMENTS 2023; and
WHEREAS, California Coastal Commission Regulations require a six-week public review
period for any amendment to the Local Coastal Program; and
WHEREAS, on March 2, 2023, the Airport Land Use Commission reviewed and found that
the proposed Zone Code Amendment is consistent with the adopted McClellan-Palomar Airport Land Use
Compatibility Plan; and
WHEREAS, the Planning Commission did on March 15, 2023, hold a duly noticed public
hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to
the Zone Code Amendment and Local Coastal Program Amendment.
PLANNING COMMISSION RESOLUTION NO. 7473
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of
Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) At the end of the state-mandated six-week review period for the Local Coastal Program
Amendment, starting on Feb. 24, 2023, and ending on April 7, 2023, staff shall present to
the City Council a summary of the comments received.
C) That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of ACCESSORY DWELLING UNIT AMENDMENTS 2023 – ZCA
2023-0001/ LCPA 2023-0017, based on the following findings:
Findings:
1. That the proposed amendments to the Zone Code ZCA 2023-0001 is consistent with the General
Plan, as described by the following:
Land Use Element Goal 2-G.4 – Provide balanced neighborhoods with a variety of
housing types and density ranges to meet the diverse demographic, economic and
social needs of residents, while ensuring a cohesive urban form with careful regard for
compatibility.
Land use Element Policy 2-P.6 – Encourage the provision of lower and moderate-income
housing to meet the objectives of the Housing Element.
Housing Element Program 3.15 – The city will continue to implement its Accessory
Dwelling Unit Ordinance and support alternative types of housing.
2. That the proposed amendments reflect sound planning principles, in that it amends the Zone
Code to ensure consistency with state law.
3. The proposed amendments are consistent with the City's Growth Management Program in that
they do not conflict with Growth Management dwelling unit limitations and performance
standards to ensure public facilities and services keep pace with development; pursuant to
Government Code 65852.2, accessory dwelling units shall not be considered in the application
of any local ordinance, policy, or program to limit residential growth.
4. That the proposed Local Coastal Program Amendment meets the requirements of, and is in
conformity with, the policies of Chapter 3 of the Coastal Act and all applicable policies of the
Carlsbad Local Coastal Program not being amended by this amendment, in that the proposed
amendments ensure consistency between the Carlsbad Zoning Ordinance and state accessory
dwelling unit regulations; and the amendments do not conflict with any coastal zone
regulations, land use designations or policies, with which development must comply.
5. That the proposed amendment to the Carlsbad Local Coastal Program is required to bring it into
consistency with the proposed Zone Code Amendment ZCA 2023-0001.
6. That the City Planner has determined that the amendments are exempt from the California
Environmental Quality Act (CEQA) pursuant to the commonsense exemption, Section 15061{b)(3)
of the CEQA Guidelines, since there would be no possibility of a significant effect on the
environment; and pursuant to Section 15282{h) of the CEQA Guidelines, which exempts from
CEQA the adoption of an ordinance regarding accessory dwelling units to implement Section
65852.2 of the Government Code.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of
the City of Carlsbad, held on March 15, 2023, by the following vote, to wit:
AYES: Commissioners Merz, Meenes, Sabellico, Stine, and Lafferty
NAYS:
ABSENT: Commissioner Kamenjarin
ABSTAIN:
Peter Merz, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
ERIC LARDY
City Planner
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ATTACHMENT A
ORDINANCE NO. [DRAFT] .
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, ADOPTING AMENDMENTS TO TITLE 21 OF THE CARLSBAD
MUNICIPAL CODE (ZONE CODE) AND LOCAL COASTAL PROGRAM TO ENSURE
CONSISTENCY WITH STATE LAW RELATED TO ACCESSORY DWELLING UNITS
AND JUNIOR ACCESSORY DWELLING UNITS.
CASE NAME: ACCESSORY DWELLING UNIT AMENDMENTS 2023
CASE NO: ZCA 2023-0001/ LCPA 2023-0017/ PUB 2023-0002
WHEREAS, Sections 65852.2 and 65852.22 of the California Government Code requires cities
and counties to permit construction of accessory dwelling units and junior accessory dwelling units,
and allows cities and counties to adopt ordinances that govern the permitting of accessory dwelling
units and junior accessory dwelling units consistent with state law; and
WHEREAS, California Governor Gavin Newsom signed Senate Bill 897 and Assembly Bill 2221
into law, which amended state law to further encourage and incentivize the construction of accessory
dwelling units and junior accessory dwelling units; and
WHEREAS, the above legislative bills took effect Jan. 1, 2023, and existing provisions of the City
of Carlsbad Municipal Code are inconsistent with the new law provisions; and
WHEREAS, the City Planner has prepared amendments to the Zone Code (ZCA 2023-0001) and
the Local Coastal Program (LCPA 2023-0017) pursuant to Chapter 21.52 of the Carlsbad Municipal Code,
Section 30514 of the Public Resources Code, and Section 13551 of California Code of Regulations Title
14, Division 5.5; and
WHEREAS, the Carlsbad Zone Code is the implementing ordinance of the Carlsbad Local Coastal
Program, and therefore, amendments to the Zone Code also constitute amendments to the Local
Coastal Program; and
WHEREAS, pursuant to California Coastal Commission Regulations, a six-week public review
period for the Local Coastal Program Amendment began Feb. 24, 2023, and ending on April 7, 2023; and
WHEREAS, on March 2, 2023, the Airport Land Use Commission reviewed and found that the
proposed Zone Code Amendment is consistent with the adopted McClellan-Palomar Airport Land Use
Compatibility Plan; and
WHEREAS, on March 15, 2023, the Planning Commission held a duly noticed public hearing as
prescribed by law to consider ZCA 2023-0001/ LCPA 2023-0017; and
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WHEREAS, the Planning Commission adopted Planning Commission Resolution No. XXXX
recommending to the City Council that ZCA 2023-0001/LCPA 2023-0017 be approved; and
WHEREAS, the City Council of the City of Carlsbad held a duly noticed public hearing as
prescribed by law to consider ZCA 2023-0001/LCPA 2023-0017; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if
any, of all persons desiring to be heard, the City Council considered all factors, including written public
comments, if any, related to ZCA 2023-0001/LCPA 2023-0017; and
NOW, THEREFORE, the City Council of the City of Carlsbad, California, does ordain that:
1. The above recitations are true and correct.
2. The findings of the Planning Commission in Planning Commission Resolution No. XXXX
shall also constitute the findings of the City Council as follows
3. Carlsbad Municipal Code Section 21.04.020 is amended to read as follows:
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, 2023) and
65852.22 (effective Jan. 1, 2023), respectively, are considered accessory.
21.04.121 Dwelling unit, accessory (ADU).
Refer to California Government Code Section 65852.2 (effective Jan. 1, 2023).
21.04.122 Dwelling unit, junior accessory (JADU).
Refer to California Government Code Section 65852.22 (effective Jan.1, 2023).
4. Carlsbad Municipal Code Section 21.09.140 is amended to read as follows:
21.09.140 Parking.
Notwithstanding parking requirements of Chapter 21.44, not fewer than two off-street parking spaces
shall be provided for each residence. The required two spaces shall be covered by a garage or carport, and
the driveway adequately paved with either concrete or asphalt cement prepared over adequate base.
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5. Carlsbad Municipal Code Section 21.10.030 is amended 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, 2023) and 65852.22 (effective Jan. 1, 2023), local governments have the authority to
adopt regulations designed to promote ADUs and JADUs.
B. Standards of Review. Review of ADUs and JADUs shall be consistent with the following:
1. ADU or JADU applications shall be considered a ministerial action without discretionary review
or a public hearing if all requirements of this section (21.10.030) are met, notwithstanding any
other requirements of state law or this development code.
2. ADUs or JADUs developed within the coastal zone are subject to the permit requirements of
Chapter 21.201 and require a building permit. Development of ADUs or JADUs outside of the
coastal zone requires a building permit.
3. The city shall approve or deny an application to create an ADU or a JADU within the time
period specified under California Government Code Sections 65852.2 (effective Jan. 1, 2023)
and 65852.22 (effective Jan. 1, 2023).
4. The city shall not deny an application for a permit to create an ADU or a JADU due to the
correction of nonconforming zoning conditions, building code violations, or unpermitted
structures that do not present a threat to public health and safety and are not affected by the
construction of the ADU as specified under California Government Code Sections 65852.2
(effective Jan. 1, 2023) and 65852.22 (effective Jan. 1, 2023).
5. If the city denies an application for an ADU or a JADU, the city shall supply in writing a full set
of comments to the applicant with a list of items that are defective or deficient and a
description of how the application can be remedied by the applicant within the time period
specified under California Government Code Section 65852.2 (effective Jan. 1, 2023) and
65852.22 (effective Jan. 1, 2023).
6. A demolition permit for a detached garage that is to be replaced with an accessory dwelling
unit shall be reviewed with the application for the accessory dwelling unit and issued at the
same time.
7. 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, 2023)
and 65852.22 (effective Jan. 1, 2023) shall be tolled for the period of the delay.
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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, 2023) and 65852.22
(effective Jan. 1, 2023):
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, 2022) and
65852.22 (effective Jan. 1, 2023). Refer to a specific zone’s Permitted Uses table within this Title.
2. For zones that allow one-family dwellings, one JADU shall be permitted with an associated
existing or proposed one-family dwelling. Refer to a specific zone’s Permitted Uses table within
this Title.
3. The number and location of ADUs or JADUs on a lot shall be subject to California Government
Code Sections 65852.2 (effective Jan. 1, 2023) and 65852.22 (effective Jan. 1, 2023).
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, 2023) and 65852.22 (effective Jan. 1,
2023).
2. When not in conflict with California Government Code Sections 65852.2 (effective Jan. 1,
2023) and 65852.22 (effective Jan. 1, 2023) 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.
The maximum size of an ADU or JADU shall be limited as follows, consistent with California
Government Code Sections 65852.2 (effective Jan. 1, 2023) and 65852.22 (effective Jan. 1, 2023):
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
3. The maximum height of an ADU or JADU shall be limited as follows, consistent with California
Government Code Sections 65852.2 (effective Jan. 1, 2023) and 65852.22 (effective Jan. 1,
2023):
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a. A detached ADU on a lot with an existing or proposed single-family, two-family or
multiple-family dwelling unit shall be allowed a height up to 16 feet and one story.
b. A detached ADU on a lot with an existing or proposed single-family, two-family
dwelling, or multiple-family dwelling unit that is within one-half of one mile walking
distance of a major transit stop (Carlsbad Village Station or Poinsettia Station), shall be
allowed a height up to 18 feet. An additional two feet in height (20 feet maximum) is
allowed to accommodate a roof pitch on the ADU that is aligned with the roof pitch of
the primary dwelling.
c. A detached ADU on a lot with an existing or proposed two-family, multiple-family,
multistory dwelling shall be allowed a height up to 18 feet.
d. An attached ADU is allowed a height up to 25 feet, or the height limits of the
applicable zoning for the primary dwelling, but not to exceed two stories.
e. 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.
4. Roof decks shall not be permitted on detached ADUs.
5. 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.
6. 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.
7. 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.
8. 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, 2023).
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, 2023).
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
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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.
9. 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.
10. 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.
b. The obligations and restrictions imposed on the approval of the ADU(s) per California
Government Code Section 65852.2 (effective Jan. 1, 2023) or JADU per California
Government Code Section 65852.22 (effective Jan. 1, 2023) 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.
11. 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.
12. 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, 2023).
6. Carlsbad Municipal Code Section 21.38.025 is amended as shown below:
21.38.025 Accessory dwelling units.
Accessory dwelling units or junior accessory dwelling units are permitted according to the
provisions of Section 21.10.030.
7. Carlsbad Municipal Code Section 21.45.090 Table F is amended as shown below:
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21.45.090 Residential additions and accessory uses.
Table F
Residential Additions and Accessory Uses to One-Family Dwellings and Twin-Homes on Small Lots
Addition/Accessory Use
Minimum Front Yard
Setback
Minimum Side and Rear
Yard Setbacks
Attached/detached patio covers(2)
10 feet to posts
(2-foot overhang
permitted)
5 feet to posts
(2-foot overhang
permitted)
Non-habitable detached accessory buildings/structures
(e.g., garages, workshops, decks over 30 inches in
height)(1),(2),(3)
20 feet 5 feet
Habitable detached accessory buildings
(i.e. guest houses and accessory dwelling units) (2), (3), (4),(5) Same setbacks as required for the primary dwelling
Additions to dwelling (attached) Same setbacks as required for the dwelling
Notes:
(1) Maximum building height is 1 story and 14 feet with a 3:12 roof pitch or 10 feet with less
than a 3:12 roof pitch.
(2) Minimum 10-foot separation required between a habitable building and any other detached
accessory building/structure.
(3) Must be architecturally compatible with the existing structure.
(4) Except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030.
(5) Refer to California Government Code Section 65852.2 (effective Jan. 1, 2023) for front yard setback
requirements for 800 sq. ft. maximum ADUs with four-foot side and rear yard setbacks and
constructed in compliance with all other development standards.
EFFECTIVE DATE OF THIS ORDINANCE APPLICABLE TO PROPERTIES OUSTIDE THE COASTAL
ZONE: This ordinance shall be effective thirty days after its adoption; and the City Clerk shall certify
the adoption of this ordinance and cause the full text of the ordinance or a summary of the ordinance
prepared by the City Attorney to be published at least once in a newspaper of general circulation in the
City of Carlsbad within fifteen days after its adoption.
EFFECTIVE DATE OF THIS ORDINANCE APPLICABLE TO PROPERTIES INSIDE THE COASTAL ZONE:
This ordinance shall be effective thirty days after its adoption or upon Coastal Commission approval of
LCPA 2023-0017, whichever occurs later; and the City Clerk shall certify the adoption of this ordinance
and cause the full text of the ordinance or a summary of the ordinance prepared by the City Attorney
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to be published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen
days after its adoption.
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INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the ______
day of __________, 2023, and thereafter
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the __ day of ________, 2023, by the following vote, to wit:
AYES:
NAYS:
ABSENT:
APPROVED AS TO FORM AND LEGALITY:
_________________________________
Cindie K. McMahon, City Attorney
_________________________
KEITH BLACKBURN, Mayor
_________________________
SHERRY FREISINGER, City Clerk
(SEAL)