HomeMy WebLinkAbout2023-03-15; Planning Commission; ; ZCA 2023-0001/ LCPA 2023-0017/ PUB 2023-0002 – ACCESSORY DWELLING UNIT AMENDMENTS 2023Item No.
Application complete date: N/A
P.C. AGENDA OF:March 15, 2023 Project Planner: Shelley Glennon
Project Engineer: N/A
SUBJECT: ZCA 2023-0001/ LCPA 2023-0017/ PUB 2023-0002 – ACCESSORY DWELLING UNIT
AMENDMENTS 2023 – Request for a recommendation to approve 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. The City Planner has
determined that the proposed amendments are exempt from the California
Environmental Quality Act (CEQA) pursuant to Sections 15061(b)(3) and 15282(h) of the
CEQA Guidelines.
I.RECOMMENDATION
That the Planning Commission ADOPT a Planning Commission Resolution RECOMMENDING
APPROVAL of Zone Code Amendment ZCA 2023-0001 and Local Coastal Program Amendment LCPA 2023-
0017, based on the findings contained therein. Additionally, the Planning Commission will receive a
presentation on the status of the pre-approved Accessory Dwelling Unit Plans.
II.PROJECT DESCRIPTION AND BACKGROUND
This project is a city-initiated amendment to the Zone Ordinance and Local Coastal Program consisting of
amendments to the city's regulations for accessory dwelling units to reflect changes in state law. With
regard to the Local Coastal Program, the Zone Ordinance (Title 21 of the Carlsbad Municipal Code) is the
Local Coastal Program implementing ordinance; therefore, an amendment to the Zone Code is an
amendment to the Local Coastal Program. The amendments are being processed as one project under
development No. PUB 2023-0002.
A.State Law
To respond to the current state housing crisis, the California State Legislature passed two bills (Assembly
Bill 2221 and Senate Bill 897) that amended Government Code sections 65852.2 and 65852.22 which are
designed to encourage the production of accessory dwelling units (ADU) and junior accessory dwelling
units (JADU). The most notable changes include:
•Raised detached ADU height limitations from 16 feet maximum to 18 feet.
•Mandatory (By-Right) ADUs – Front yard setback requirements cannot prevent a By-Right ADU
from being built
•Modified permitting requirements
o Agencies must provide comments, deficiencies, and a list of remedy options if an
application is denied
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o Agencies must provide concurrent review with a detached garage demolition permit, if
ADU is replacing the garage
o Allows ADUs to be constructed on lots with nonconforming uses/characteristics that do
not pose a threat to public health or safety
o Provides a new exception for ADU off-street parking requirements
The legislation (Exhibit 3) went into effect Jan. 1, 2023. Pursuant to the California Constitution, cities are
expected to update their local ordinances to align with the state legislation. In Feb. 2023, the city posted
the updated Accessory Dwelling Unit Info-Bulletin (IB-111; Exhibit 4) to support implementation of the
new ADU laws. Under state law, Assembly Bill 2221 and Senate Bill 897 apply throughout the state and to
all counties and cities, whether or not the local government has adopted the new codes in its municipal
code. That is, if cities fail to conform their local ordinances, the new state laws automatically apply, and
applicants are permitted to develop ADUs and JADUs under the state standards (Government Code
Section 65852.2(a)(4)).
Table 1 in the Analysis section below provides a detailed comparison of the city’s existing ADU regulations
as amended on July 19, 2022, through City Council Ordinance No. CS-427 (Exhibit 5), City Council
Ordinance No. CS-432 (Exhibit 6), and new state law.
B.Proposed Ordinance Approach
Over the past several years, the state legislature has made several modifications to ADU law to encourage
more affordable housing development. More changes are expected in the coming years. These state-
initiated modifications often require regular updates to our local code. The proposed ordinance focuses
on the city’s ADU permit processing requirements and ADU standards within the city’s discretion, while
deferring to state law on the other ADU requirements and allowances. This will help reduce the need to
process local code amendments when state law changes in the future.
Educational materials have also been prepared to help customers navigate state law and city processing
requirements; specifically, a department informational bulletin (IB-111; Exhibit 4), which describes the
different types of ADUs, relevant development standards, permit requirements and fees. The
informational bulletin is provided to the Planning Commission for informational purposes only -- no action
is requested. Staff will update the informational bulletin as needed as future changes to state law occur.
C. Permit-Ready ADU Program Information
In addition to compliance with state law, the modifications are intended to help promote and streamline
the development of ADUs. Concurrently, the city is also developing pre-approved accessory dwelling unit
building plan to address this effort by the state. This is an implementation program in the Housing Element
(Housing Program 1.2: Promote the Development of Accessory Dwelling Units) and is funded by the Local
Early Action Planning (LEAP) grant fund awarded to the city from the state department of Housing and
Community Development (HCD), with the consultant scope and grant application approved by City
Council. The pre-approved ADU building plans will be made available to the public no later than April 2023
and will include four ADU layout plans and three architectural style options to accommodate the needs
of ADU developers. Staff will present the different building floor plans and elevations that will be offered
to the public to Planning Commission at this meeting for information purposes only.
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III. ANALYSIS
A. Proposed Changes to Existing ADU Regulations
As noted above, Table 1 compares the city's existing ADU regulations to the new state law pursuant to
Government Codes Section 65852.2 (Exhibit 7). Also, the proposed amendments to the Zone Code are
provided in strikethrough/underline format (Exhibit 2).
Table 1: Changes to Existing ADU Regulations
Topic City's Existing
Regulations
New State ADU Law (Government
Codes Section 65852.2)
Staff Recommended
Regulation Updates
ADU
Height
Limitations
A detached ADU
shall be limited to
one story and 16
feet maximum
height. ADUs
constructed
above or below a
detached garage
shall conform to
the height limits
applicable to the
zone but
maximum of two
stories including
the garage.
Refer to Carlsbad
Municipal Code
(CMC) Section
21.10.030 (E)(4).
State law provides additional
height requirements listed below:
1. Max 18 feet for a detached
accessory dwelling unit that is
within one-half mile walking
distance of a major transit
stop/corridor. An additional
two feet in height is allowed (20
feet max.) to accommodate the
ADU’s roof pitch to align with
the roof pitch of the primary
dwelling unit.
2. A height of 18 feet for a
detached accessory dwelling
unit on a lot with an existing or
proposed multifamily,
multistory dwelling.
3. A height of 25 feet or the
height limitation in the local
zoning ordinance that applies
to the primary dwelling, for an
accessory dwelling unit that is
attached to a primary dwelling
but not to exceed two stories.
All other ADUs will be regulated by
the existing 16 foot standard.
Refer to Section 65852.2
(c)(2)(D)(i-iv).
Staff recommends adding
the new height
requirements but provides
additional clarification listed
below:
1. Two-Family Dwellings are
included in the height
requirements where
multifamily dwelling units
are discussed since the
state defines “multifamily
dwelling” as two units or
more.
2. City of Carlsbad currently
has only two major
transit stops: Poinsettia
Station and Carlsbad
Village Station, and
therefore is called out
when discussing major
transit stops.
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Topic City's Existing
Regulations
New State ADU Law (Government
Codes Section 65852.2)
Staff Recommended
Regulation Updates
Mandatory 800
sq. ft. ADU
(attached or
detached) –
Front yard
setback
protrusion
The City currently
permits the
development of
mandatory (By-
Right) ADUs.
Mandatory ADUs
shall be 800
square feet
maximum and
have a minimum
of four-foot side
and rear setbacks
and maintain the
height limitations
and front yard
setback per the
zone.
State law now requires local
agencies to not restrict the by-
right ADUs due to front yard
setback requirements if it meets
all other local development
standards.
Refer to Section 65852.2 (c)(2)(C).
Staff recommends adding
the new state requirement
by reference of the new
Government Codes Section
65852.2 effective date Jan.
1, 2023 as well as in a
footnote in Section
21.45.090 Table F. As
discussed in the ADU
information bulletin (Exhibit
4), the city will comply with
state law by allowing
mandatory ADUs to
protrude into the front yard
setback to the extent
feasible only where there is
no other alternative to allow
for construction of a
mandatory ADU that
complies with four foot side
and rear setbacks and all
other development
standards.
Permit
Processing
Requirements
The city requires
ADU or JADU
applications to be
acted on 60 days
from when the
application is
deemed
complete or if
submitted with a
discretionary
permit
application, can
be delayed until
Includes same processing time
with additional provisions as
provided below: Within the 60
day review period, if the city
proposed to deny 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.
Refer to Section 65852.2 (a)(3)(B).
Staff recommends adding
the state’s processing
requirement and to specify
that the city will “approve
or deny” the application
rather than “act” on.
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Topic City's Existing
Regulations
New State ADU Law (Government
Codes Section 65852.2)
Staff Recommended
Regulation Updates
the other permit
application is
approved.
The project
applicant can also
request a delay if
necessary.
Refer to CMC
21.10.030(B)(3)
and (4).
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 both
permits must be issued at the
same time.
Refer to Section 65852.2 (a)(4).
Staff recommends adding
the state’s processing
requirement.
Demolition
Notice
Exception
There is no
building or zoning
code standard
that addresses
written notice or
placard posts for
demolition of a
detached garage.
Written notice or placard post for
demolition of a detached garage
that is to be replaced with an ADU
is not required unless the property
is located within an architecturally
and historically significant historic
district.
Refer to Section 65852.2 (a)(5).
No changes recommended.
This requirement is not
applicable since there is no
written notice or placard
requirement.
Permitting
ADUs or a
JADUs that
involve
nonconforming
uses, building
code violations
or unpermitted
structures
Topic not
addressed in
CMC Section
21.10.030,
however Section
21.48.040 does
state
nonconforming
lots may be
developed,
provided that the
development is
consistent with
applicable city
regulations.
Building
Dept./Code
Enforcement also
addresses this
topic through its
“Five Year
A local agency 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.
Refer to Section 65852.2(d)(2) and
65852.22(h)
Staff recommends adding
the state’s ADU permitting
requirement.
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Topic City's Existing
Regulations
New State ADU Law (Government
Codes Section 65852.2)
Staff Recommended
Regulation Updates
Enforcement
Stay” Program
which allows
issuance of ADU
permits when
there are
nonconforming
or building
violations unless
there is a present
threat to public
health and safety.
However, the
violation(s) must
be addressed
within 5 years of
ADU permit
issuance.
Parking
Requirements
& Exemptions
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).
Refer to CMC
Section
21.10.030(E)(9)(a)
The previous parking requirements
and exemptions provided by the
state during the ADU Amendments
2020 update, are still applicable.
The state has added one more
exemption which states: A local
agency shall not impose any
parking standards for an accessory
dwelling unit when a permit
application for an accessory
dwelling unit is submitted with a
permit application to create a new
single-family dwelling or a new
multifamily dwelling on the same
lot, provided that the accessory
dwelling unit or the parcel satisfies
any other criteria listed in this
paragraph.
Refer to (6) Section
65852.2(d)(1)(F).
Staff recommends adding
the new state requirement
by reference of the new
Government Codes Section
65852.2 effective date Jan.
1, 2023.
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As discussed above, State law does give the city the authority to establish standards for ADUs, including:
1) maximum size of a unit, 2) parking, 3) height, 4) setbacks, 5) landscape, 6) architecture, and 7) to
prevent adverse impacts on property that is listed in the California Register of Historic Resources.
Regarding these standards, staff recommends the following:
• Maximum size
No changes are proposed to the city’s existing size requirements for ADUs. The existing size
requirements are provided below for reference:
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; and
c. JADUs – 500 square feet.
• Parking
The proposed Zone Code amendments are consistent with state law, which includes a new parking
provision as described in Table 1, above. All other existing ADU parking requirements are
recommended to be retained.
• Height
The proposed Zone Code amendments are consistent with the new ADU height provisions as
described in Table 1, above. All other existing ADU height requirements are recommended to be
retained.
• Setbacks
The proposed Zone Code amendment is consistent with the new front yard setback provision for
mandatory (by-right) ADUs as discussed in Table 1 above. All other existing ADU setback
requirements are recommended to be retained.
• Landscape
An ADU is not subject to landscape requirements, except to be consistent with any landscape
requirements of the main dwelling or otherwise required for fire safety or habitat protection and
state law does not currently impose landscape standards on ADUs.
• Architecture
No changes are proposed to the city’s existing architecture requirements for ADUs. The city allows
flexibility with regards to architectural design. Section 21.45.090 does require ADUs to be
architecturally compatible with the existing structure. Additionally, there may be some Master
Plans/Specific Plans and Homeowner Associations that have design standards/guidelines for
ADUs. For example, the Village and Barrio Master Plan has a residential design guideline that
states ADUs should be similar in materials, color and detail to the principal structures of
development (Section 2.8.2(F)(9)).
• Historic resources
No changes are proposed. ADUs remain subject to the California Environmental Quality Act
(CEQA) if there are potential adverse impacts to historic resources.
B. Consistency with Applicable Policies and Regulations
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The proposed amendments are consistent with California Government Code Sections 65852.2 and
65852.22 and the changes to state law described above that went into effect Jan. 1, 2023.
The proposed amendments are consistent with the residential density ranges of the General Plan Land
Use and Community Design Element in that, pursuant to Government Code 65852.2, an ADU shall not be
considered to exceed the allowable density for the lot upon which it is located. Additionally, the proposed
amendments implement the following General Plan goals, policies, and programs:
• Land Use Element Goal 2-G.4 – Provide balanced neighborhoods with a variety of housing types
and density ranges to meet the diverse demographic, economic and social needs of residents,
while ensuring a cohesive urban form with careful regard for compatibility.
• Land Use Element Policy 2-P.6 – Encourage the provision of lower and moderate-income housing
to meet the objectives of the Housing Element.
• Housing Element Program 3.15 – The city will continue to implement its Accessory Dwelling Unit
Ordinance and support alternative types of housing.
This proposal does not conflict with the Growth Management Plan in that, pursuant to Government Code
65852.2, ADUs shall not be considered in the application of any local ordinance, policy, or program to limit
residential growth. Though state law exempts ADUs from the Proposition E growth limitations, their
population impacts are factored into facility calculations for City Administrative Facilities, Libraries and
Parks.
The proposed amendments affect land within the Airport Influence Area, which covers a large portion of
Carlsbad and includes residential properties; however, the amendment is consistent with the adopted
McClellan-Palomar Airport Land Use Compatibility Plan in that it does not propose any land use or
development standard changes that affect compatibility with the plan's safety, noise, airspace protection
and overflight criteria. The Airport Land Use Commission reviewed the amendment and found it to be
consistent with the Airport Land Use Compatibility Plan.
Regarding the Zone Code, the proposed amendments are consistent with the other provisions of the Zone
Code that are not being amended.
Local Coastal Program Amendment LCPA 2023-017 is required for consistency with Zone Code
Amendment ZCA 2022-0001. The proposed Local Coastal Program amendment meets the requirements
of, and is in conformity with, with the policies of Chapter 3 of the Coastal Act and all applicable policies of
the Carlsbad Local Coastal Program not being amended by this amendment. The amendments do not
conflict with any regulation, land use designations or policies, with which development must comply.
IV. ENVIRONMENTAL REVIEW
The City Planner has determined that the amendments are exempt from the California Environmental
Quality Act (CEQA) pursuant to the common sense exemption, Section 15061(b)(3) of the CEQA
Guidelines, since there would be no possibility of a significant effect on the environment; and pursuant to
Section 15282(h) of the CEQA Guidelines, which exempts from CEQA the adoption of an ordinance
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regarding accessory dwelling units in a single-family or multifamily residential zone to implement Section
65852.2 of the Government Code. This notice was posted on Feb. 24, 2023, no appeals of this
determination were received in accordance with Carlsbad Municipal Code Section 21.54.140.
EXHIBITS:
1. Planning Commission Resolution
a. ATTACHMENT A – Draft City Council Ordinance
2. Proposed text changes to the Carlsbad Municipal Code shown in strikeout/underline format
3. State law relating to accessory dwelling units and junior accessory dwelling units
4. Information Bulletin Accessory Dwelling Units (IB-111)
5. City Council Ordinance No. 427
6. City Council Ordinance No. 432
7. Government Codes Section 65852.2 Effective Jan. 1, 2023
March 15, 2023 Item #1 Page 9 of 103
A 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
Exhibit 1
March 15, 2023 Item #1 Page 10 of 103
-2-
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
March 15, 2023 Item #1 Page 11 of 103
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
-3-March 15, 2023 Item #1 Page 12 of 103
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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Page 2 of 9
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.
March 15, 2023 Item #1 Page 14 of 103
Page 3 of 9
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.
March 15, 2023 Item #1 Page 15 of 103
Page 4 of 9
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):
March 15, 2023 Item #1 Page 16 of 103
Page 5 of 9
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
March 15, 2023 Item #1 Page 17 of 103
Page 6 of 9
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:
March 15, 2023 Item #1 Page 18 of 103
Page 7 of 9
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
March 15, 2023 Item #1 Page 19 of 103
Page 8 of 9
to be published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen
days after its adoption.
///
///
///
///
///
///
///
///
///
///
///
///
March 15, 2023 Item #1 Page 20 of 103
Page 9 of 9
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)
March 15, 2023 Item #1 Page 21 of 103
ZCA 2023-0001/LCPA 2023-0017/PUB 2023-0002 – Accessory Dwelling Unit Amendments 2023
Draft revisions to the Carlsbad Municipal Code 21 (Zone Code)
Proposed amendments to Title 21 of the Carlsbad Municipal Code
1.Chapter 21.04 “Definitions,” Sections 21.04.020, 21.04.121 and 21.04.121 are proposed to be
amended 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, 20232) and 65852.22 (effective Jan. 1,
20230), respectively, are considered accessory.
21.04.121 Dwelling unit, accessory (ADU).
Refer to California Government Code Section 65852.2 (effective Jan. 1, 20232).
21.04.122 Dwelling unit, junior accessory (JADU).
Refer to California Government Code Section 65852.22 (effective Jan.1, 20230).
2.Chapter 21.09 “R-E Rural Residential Estate Zone” Section 21.09.140 is proposed to be amended 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.
The following is an exception to the two parking space requirement:
One additional paved off-street (covered or uncovered) parking space shall be provided for
an accessory dwelling unit and shall comply with the requirements of Chapter 21.44 of this title. The
additional parking space may be provided through tandem parking (provided that the garage is set
back a minimum of twenty feet from the property line) or in the front yard setback. (Ord. CS-324 §
2, 2017; Ord. NS-283 § 13, 1994; Ord. 9498 § 4, 1978)
March 15, 2023 Item #1 Page 22 of 103
Exhibit 2
3. Chapter 21.10 “R-1 One-Family Residential Zone,” Section 21.10.030 is proposed to be amended 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, 20232) and 65852.22 (effective Jan. 1, 20230), local governments have
the authority to adopt regulations designed to promote ADUs and JADUs.
B. Standards of Review. Review of ADUs and JADUs shall be consistent with the following:
1. ADU or JADU applications shall be considered a ministerial action without discretionary
review or a public hearing if all requirements of this section (21.10.030) are met,
notwithstanding any other requirements of state law or this development code.
2. ADUs or JADUs developed within the coastal zone are subject to the permit
requirements of Chapter 21.201 and require a building permit. Development of ADUs or
JADUs outside of the coastal zone requires a building permit.
3. The city shall act on 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, 20232) and 65852.22 (effective Jan. 1, 20230).
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.
3.7. 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
March 15, 2023 Item #1 Page 23 of 103
Sections 65852.2 (effective Jan. 1, 20232) and 65852.22 (effective Jan. 1, 20230) 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, 20232) and
65852.22 (effective Jan. 1, 20230):
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, 20230). 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, 20232) and 65852.22 (effective Jan.
1, 20230).
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, 20232) and 65852.22
(effective Jan. 1, 20230).
2.
2. When not in conflict with California Government Code Sections 65852.2 (effective Jan.
1, 20232) and 65852.22 (effective Jan. 1, 20230) 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.
March 15, 2023 Item #1 Page 24 of 103
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, 20232) and 65852.22
(effective Jan. 1, 20230):
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.
4. 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):
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 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.
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
March 15, 2023 Item #1 Page 25 of 103
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.
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, 20232).
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,
20230).
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.
March 15, 2023 Item #1 Page 26 of 103
b. The obligations and restrictions imposed on the approval of the ADU(s) per
California Government Code Section 65852.2 (effective Jan. 1, 20232) or JADU
per California Government Code Section 65852.22 (effective Jan. 1, 20230) 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, 20232).
4. Chapter 21.38 “P-C Planned Community Zone” Section 21.38.025 is proposed to be amended as
follows:
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.
Accessory dwelling units are permitted according to the provisions of Section 21.10.030 in areas
designated by a master plan for single-family detached dwellings. For accessory dwelling units
proposed on standard lots (minimum seven thousand five hundred square feet in area) which
are developed with detached single-family residences, the development standards of
Chapter 21.10 shall apply. For accessory dwelling units proposed on substandard lots (less than
seven thousand five hundred square feet in area) which are developed with detached single-
family residences, the development standards of Chapter 21.45 shall apply. (Ord. CS-324 § 2,
2017; Ord. NS-718 § 16, 2004; Ord. NS-663 § 11, 2003; Ord. NS-283 § 6, 1994)
5. Chapter 21.45 “Planned Developments,” Section 21.45.090 Table F is proposed to be amended as
follows:
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 5 feet to posts
March 15, 2023 Item #1 Page 27 of 103
(2-foot overhang
permitted)
(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 allowed for 800 sq. ft. maximum ADUs with four-foot side and
rear yard setbacks and constructed in compliance with all other development standards.
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SHARE THIS:Date Published: 09/29/2022 02:00 PM
SB-897 Accessory dwelling units: junior accessory dwelling units.(2021-2022)
Senate Bill No. 897
CHAPTER 664
An act to amend Section 65852.22 of, to add Section 65852.23 to, and to repeal and amend Section
65852.2 of, the Government Code, and to amend Section 17980.12 of the Health and Safety Code,
relating to land use.
[ Approved by Governor September 28, 2022. Filed with Secretary of State
September 28, 2022. ]
LEGISLATIVE COUNSEL'S DIGEST
SB 897, Wieckowski. Accessory dwelling units: junior accessory dwelling units.
(1)Existing law, the Planning and Zoning Law, authorizes a local agency, by ordinance or ministerial approval, to
provide for the creation of accessory dwelling units in areas zoned for residential use, as specified. Existing law
authorizes a local agency to impose standards on accessory dwelling units that include, but are not limited to,
parking, height, setback, landscape, architectural review, and maximum size of a unit.
This bill would require that the standards imposed on accessory dwelling units be objective. For purposes of this
requirement, the bill would define “objective standard” as a standard that involves no personal or subjective
judgment by a public official and is uniformly verifiable, as specified. The bill would also prohibit a local agency
from denying an application for a permit to create an accessory dwelling unit 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 accessory dwelling unit.
This bill would require a local agency to review and issue a demolition permit for a detached garage that is to be
replaced by an accessory dwelling unit at the same time as it reviews and issues the permit for the accessory
dwelling unit. The bill would prohibit an applicant from being required to provide written notice or post a placard
for the demolition of a detached garage that is to be replaced by an accessory dwelling unit, as specified.
Existing law provides that an accessory dwelling unit may either be an attached or detached residential dwelling
unit, and prescribes the minimum and maximum unit size requirements, height limitations, and setback
requirements that a local agency may establish, including a 16-foot height limitation and a 4-foot side and rear
setback requirement.
This bill would increase the maximum height limitation that may be imposed by a local agency on an accessory
dwelling unit to 18 feet if the accessory dwelling unit is within 1/2 mile walking distance of a major transit stop or
a high-quality transit corridor, as those terms are defined, or if the accessory dwelling unit is detached and on a
lot that has an existing multifamily, multistory dwelling, as specified. The bill would increase the maximum
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Exhibit 3
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height limitation that may be imposed by a local agency on an accessory dwelling unit to 25 feet if the accessory
dwelling unit is attached to a primary dwelling, except as specified.
Existing law requires an ordinance that provides for the creation of an accessory dwelling unit to require
accessory dwelling units to comply with local building code requirements that apply to detached dwellings, as
appropriate. Existing law also prohibits an ordinance from requiring an accessory dwelling unit to provide fire
sprinklers if they are not required for the primary residence.
This bill would provide that the construction of an accessory dwelling unit does not constitute a Group R
occupancy change under the local building code, except as specified. The bill would prohibit the construction of
an accessory dwelling unit from triggering a requirement that fire sprinklers be installed in the existing primary
dwelling.
Existing law provides that a local agency must ministerially approve an application for a building permit within a
residential or mixed-use zone to create not more than 2 accessory dwelling units that are located on a lot that
has an existing multifamily dwelling, but are detached from that multifamily dwelling and are subject to a height
limitation of 16 feet and a 4-foot side and rear setback requirement.
This bill would change the height limitation applicable to an accessory dwelling unit subject to ministerial
approval to 18 feet if the accessory dwelling unit is within 1/2 mile walking distance of a major transit stop or a
high-quality transit corridor, as those terms are defined, or if the accessory dwelling unit is detached and on a lot
that has an existing multifamily, multistory dwelling, as specified. The bill would change the height limitation
applicable to an accessory dwelling unit subject to ministerial approval to 25 feet if the accessory dwelling unit is
attached to a primary dwelling, except as specified. The bill, if the existing multifamily dwelling exceeds
applicable height requirements or has a rear or side setback of less than 4 feet, would prohibit a local agency
from requiring any modification to the existing multifamily dwelling to satisfy these requirements. The bill would
prohibit a local agency from rejecting an application for an accessory dwelling unit because the existing
multifamily dwelling exceeds applicable height requirements or has a rear or side setback of less than 4 feet.
Existing law prohibits a local agency from imposing parking standards on certain accessory dwelling units,
including those that are located within 1/2-mile walking distance of public transit.
This bill would also prohibit a local agency from imposing any parking standards on an accessory dwelling unit
that is included in an application to create a new single-family dwelling unit or a new multifamily dwelling on the
same lot, provided that the accessory dwelling unit meets other specified requirements.
Existing law, when a local agency has not adopted an ordinance governing accessory dwelling units, requires a
permitting agency to act on an application to create an accessory dwelling unit or a junior accessory dwelling
unit within specified timeframes.
This bill would require a permitting agency to return 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,
if the permitting agency denies an application for an accessory dwelling unit or junior accessory dwelling unit.
(2) Existing law also provides for the creation of junior accessory dwelling units by local ordinance, or, if a local
agency has not adopted an ordinance, by ministerial approval, in accordance with specified standards and
conditions. Existing law requires an ordinance that provides for the creation of a junior accessory dwelling unit
to, among other things, (A) require that the unit be constructed within the walls of the proposed or existing
single-family residence, (B) require that the unit include a separate entrance from the main entrance to the
proposed or existing single-family residence, and (C) require owner-occupancy in the single-family residence in
which the junior accessory dwelling unit is permitted.
This bill would specify that enclosed uses within the proposed or existing single-family residence, such as
attached garages, are considered a part of the proposed or existing single-family residence. The bill would
require a junior accessory dwelling unit that does not include a separate bathroom to include a separate entrance
from the main entrance to the structure, with an interior entry to the main living area. The bill would also
prohibit a local agency from denying an application for a permit to create a junior accessory dwelling unit 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 junior accessory
dwelling unit.
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(3) Existing law requires a local agency, in enforcing building standards applicable to accessory dwelling units, to
delay enforcement for up to 5 years upon the owner submitting an application requesting the delay on the basis
that correcting the violation is not necessary to protect health and safety.
This bill would prohibit a local agency from denying a permit for an unpermitted accessory dwelling unit that was
constructed before January 1, 2018, because, among other things, the unit is in violation of building standards or
state or local standards applicable to accessory dwelling units, unless the local agency makes a finding that
correcting the violation is necessary to protect the health and safety of the public or occupants of the structure.
This bill would specify that this prohibition does not apply to a building that is deemed substandard under
specified provisions of law.
(4) Existing law requires the Department of Housing and Community Development to administer various
programs intended to promote the development of housing, including the Multifamily Housing Program, pursuant
to which the department provides financial assistance in the form of deferred payment loans to pay for the
eligible costs of development for specified activities.
This bill would state the intent of the Legislature that accessory dwelling unit grant programs provide funding for
predevelopment costs and facilitate accountability and oversight, as specified.
(5) This bill would incorporate additional changes to Section 65852.2 of the Government Code proposed by AB
2221 to be operative only if this bill and AB 2221 are enacted and this bill is enacted last.
(6) By imposing new duties on local governments with respect to the approval of accessory dwelling units and
junior accessory dwelling units, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs
mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: majority Appropriation: no Fiscal Committee: yes Local Program: yes
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. It is the intent of the Legislature to ensure that grant programs that fund the construction and
maintenance of accessory dwelling units undertake both of the following:
(a) Provide funding for predevelopment costs, such as development of plans and permitting of accessory dwelling
units.
(b) Facilitate accountability and oversight, including annual reporting on outcomes to the Legislature.
SEC. 2. Section 65852.2 of the Government Code, as amended by Section 1 of Chapter 343 of the Statutes of
2021, is amended to read:
65852.2. (a) (1) A local agency may, by ordinance, provide for the creation of accessory dwelling units in areas
zoned to allow single-family or multifamily dwelling residential use. The ordinance shall do all of the following:
(A) Designate areas within the jurisdiction of the local agency where accessory dwelling units may be
permitted. The designation of areas may be based on the adequacy of water and sewer services and the
impact of accessory dwelling units on traffic flow and public safety. A local agency that does not provide
water or sewer services shall consult with the local water or sewer service provider regarding the adequacy
of water and sewer services before designating an area where accessory dwelling units may be permitted.
(B) (i) Impose objective standards on accessory dwelling units that include, but are not limited to, parking,
height, setback, landscape, architectural review, maximum size of a unit, and standards that prevent
adverse impacts on any real property that is listed in the California Register of Historical Resources. These
standards shall not include requirements on minimum lot size.
(ii) Notwithstanding clause (i), a local agency may reduce or eliminate parking requirements for any
accessory dwelling unit located within its jurisdiction.
(C) Provide that accessory dwelling units do not exceed the allowable density for the lot upon which the
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with the existing general plan and zoning designation for the lot.
(D) Require the accessory dwelling units to comply with all of the following:
(i) Except as provided in Section 65852.26, the accessory dwelling unit may be rented separate from the
primary residence, but may not be sold or otherwise conveyed separate from the primary residence.
(ii) The lot is zoned to allow single-family or multifamily dwelling residential use and includes a proposed
or existing dwelling.
(iii) The accessory dwelling unit is either attached to, or located within, the proposed or existing primary
dwelling, including attached garages, storage areas or similar uses, or an accessory structure or
detached from the proposed or existing primary dwelling and located on the same lot as the proposed or
existing primary dwelling.
(iv) If there is an existing primary dwelling, the total floor area of an attached accessory dwelling unit
shall not exceed 50 percent of the existing primary dwelling.
(v) The total floor area for a detached accessory dwelling unit shall not exceed 1,200 square feet.
(vi) No passageway shall be required in conjunction with the construction of an accessory dwelling unit.
(vii) No setback shall be required for an existing living area or accessory structure or a structure
constructed in the same location and to the same dimensions as an existing structure that is converted
to an accessory dwelling unit or to a portion of an accessory dwelling unit, and a setback of no more than
four feet from the side and rear lot lines shall be required for an accessory dwelling unit that is not
converted from an existing structure or a new structure constructed in the same location and to the
same dimensions as an existing structure.
(viii) Local building code requirements that apply to detached dwellings, except that the construction of
an accessory dwelling unit shall not constitute a Group R occupancy change under the local building
code, as described in Section 310 of the California Building Code (Title 24 of the California Code of
Regulations), unless the building official or enforcement agency of the local agency makes a written
finding based on substantial evidence in the record that the construction of the accessory dwelling unit
could have a specific, adverse impact on public health and safety. Nothing in this clause shall be
interpreted to prevent a local agency from changing the occupancy code of a space that was unhabitable
space or was only permitted for nonresidential use and was subsequently converted for residential use
pursuant to this section.
(ix) Approval by the local health officer where a private sewage disposal system is being used, if
required.
(x) (I) Parking requirements for accessory dwelling units shall not exceed one parking space per
accessory dwelling unit or per bedroom, whichever is less. These spaces may be provided as tandem
parking on a driveway.
(II) Off street parking shall be permitted in setback areas in locations determined by the local agency
or through tandem parking, unless specific findings are made that parking in setback areas or tandem
parking is not feasible based upon specific site or regional topographical or fire and life safety
conditions.
(III) This clause shall not apply to an accessory dwelling unit that is described in subdivision (d).
(xi) When a garage, carport, or covered parking structure is demolished in conjunction with the
construction of an accessory dwelling unit or converted to an accessory dwelling unit, the local agency
shall not require that those offstreet parking spaces be replaced.
(xii) Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for
the primary residence. The construction of an accessory dwelling unit shall not trigger a requirement for
fire sprinklers to be installed in the existing primary dwelling.
(2) The ordinance shall not be considered in the application of any local ordinance, policy, or program to limit
residential growth.
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(3) A permit application for an accessory dwelling unit or a junior accessory dwelling unit shall be considered
and approved ministerially without discretionary review or a hearing, notwithstanding Section 65901 or 65906
or any local ordinance regulating the issuance of variances or special use permits. The permitting agency shall
either approve or deny the application to create an accessory dwelling unit or a junior accessory dwelling unit
within 60 days from the date the local agency receives a completed application if there is an existing single-
family or multifamily dwelling on the lot. If the permit application to create an accessory dwelling unit or a
junior accessory dwelling unit is submitted with a permit application to create a new single-family or
multifamily dwelling on the lot, the permitting agency may delay approving or denying the permit application
for the accessory dwelling unit or the junior accessory dwelling unit until the permitting agency approves or
denies on the permit application to create the new single-family dwelling, but the application to create the
accessory dwelling unit or junior accessory dwelling unit shall be considered without discretionary review or
hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. If
the local agency has not approved or denied the completed application within 60 days, the application shall be
deemed approved. A local agency may charge a fee to reimburse it for costs incurred to implement this
paragraph, including the costs of adopting or amending any ordinance that provides for the creation of an
accessory dwelling unit.
(4) The ordinance shall require that a demolition permit for a detached garage that is to be replaced with an
accessory dwelling unit be reviewed with the application for the accessory dwelling unit and issued at the same
time.
(5) The ordinance shall not require, and the applicant shall not be otherwise required, to provide written notice
or post a placard for the demolition of a detached garage that is to be replaced with an accessory dwelling
unit, unless the property is located within an architecturally and historically significant historic district.
(6) An existing ordinance governing the creation of an accessory dwelling unit by a local agency or an
accessory dwelling ordinance adopted by a local agency shall provide an approval process that includes only
ministerial provisions for the approval of accessory dwelling units and shall not include any discretionary
processes, provisions, or requirements for those units, except as otherwise provided in this subdivision. If a
local agency has an existing accessory dwelling unit ordinance that fails to meet the requirements of this
subdivision, that ordinance shall be null and void and that agency shall thereafter apply the standards
established in this subdivision for the approval of accessory dwelling units, unless and until the agency adopts
an ordinance that complies with this section.
(7) No other local ordinance, policy, or regulation shall be the basis for the delay or denial of a building permit
or a use permit under this subdivision.
(8) (A) This subdivision establishes the maximum standards that local agencies shall use to evaluate a
proposed accessory dwelling unit on a lot that includes a proposed or existing single-family dwelling. No
additional standards, other than those provided in this subdivision, shall be used or imposed, except that,
subject to subparagraphs (B) and (C), a local agency may require an applicant for a permit issued pursuant to
this subdivision to be an owner-occupant.
(B) (i) Notwithstanding subparagraph (A), a local agency shall not impose an owner-occupant requirement
on an accessory dwelling unit before January 1, 2025.
(ii) Notwithstanding subparagraph (A), a local agency shall not impose an owner-occupant requirement
on an accessory dwelling unit that was permitted between January 1, 2020, and January 1, 2025.
(C) Notwithstanding subparagraphs (A) and (B), a local agency may require that an accessory dwelling unit
be used for rentals of terms longer than 30 days.
(9) A local agency may amend its zoning ordinance or general plan to incorporate the policies, procedures, or
other provisions applicable to the creation of an accessory dwelling unit if these provisions are consistent with
the limitations of this subdivision.
(10) An accessory dwelling unit that conforms to this subdivision shall be deemed to be an accessory use or an
accessory building and shall not be considered to exceed the allowable density for the lot upon which it is
located, and shall be deemed to be a residential use that is consistent with the existing general plan and
zoning designations for the lot. The accessory dwelling unit shall not be considered in the application of any
local ordinance, policy, or program to limit residential growth.
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(b) (1) When a local agency that has not adopted an ordinance governing accessory dwelling units in accordance
with subdivision (a) receives an application for a permit to create or serve an accessory dwelling unit pursuant to
this subdivision, the local agency shall approve or disapprove the application ministerially without discretionary
review pursuant to subdivision (a). The permitting agency shall either approve or deny the application to create
or serve an accessory dwelling unit or a junior accessory dwelling unit within 60 days from the date the
permitting agency receives a completed application if there is an existing single-family or multifamily dwelling on
the lot. If the permit application to create or serve an accessory dwelling unit or a junior accessory dwelling unit
is submitted with a permit application to create or serve a new single-family or multifamily dwelling on the lot,
the permitting agency may delay approving or denying the permit application for the accessory dwelling unit or
the junior accessory dwelling unit until the permitting agency approves or denies the permit application to create
or serve the new single-family dwelling or multifamily dwelling, but the application to create or serve the
accessory dwelling unit or junior accessory dwelling unit shall still be considered ministerially without
discretionary review or a hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the
period of the delay. If the local agency has not approved or denied the completed application within 60 days, the
application shall be deemed approved.
(2) If a permitting agency denies an application for an accessory dwelling unit or junior accessory dwelling unit
pursuant to paragraph (1), the permitting agency shall, within the time period described in paragraph (1),
return 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.
(c) (1) Subject to paragraph (2), a local agency may establish minimum and maximum unit size requirements
for both attached and detached accessory dwelling units.
(2) Notwithstanding paragraph (1), a local agency shall not establish by ordinance any of the following:
(A) A minimum square footage requirement for either an attached or detached accessory dwelling unit that
prohibits an efficiency unit.
(B) A maximum square footage requirement for either an attached or detached accessory dwelling unit that
is less than either of the following:
(i) 850 square feet.
(ii) 1,000 square feet for an accessory dwelling unit that provides more than one bedroom.
(C) Any requirement for a zoning clearance or separate zoning review or any other minimum or maximum
size for an accessory dwelling unit, size based upon a percentage of the proposed or existing primary
dwelling, or limits on lot coverage, floor area ratio, open space, and minimum lot size, for either attached or
detached dwellings that does not permit at least an 800 square foot accessory dwelling unit with four-foot
side and rear yard setbacks to be constructed in compliance with all other local development standards.
(D) Any height limitation that does not allow at least the following, as applicable:
(i) A height of 16 feet for a detached accessory dwelling unit on a lot with an existing or proposed single
family or multifamily dwelling unit.
(ii) A height of 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed single
family or multifamily dwelling unit that is within one-half of one mile walking distance of a major transit
stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the Public
Resources Code. A local agency shall also allow an additional two feet in height to accommodate a roof
pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit.
(iii) A height of 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed
multifamily, multistory dwelling.
(iv) A height of 25 feet or the height limitation in the local zoning ordinance that applies to the primary
dwelling, whichever is lower, for an accessory dwelling unit that is attached to a primary dwelling. This
clause shall not require a local agency to allow an accessory dwelling unit to exceed two stories.
(d) Notwithstanding any other law, and whether or not the local agency has adopted an ordinance governing
accessory dwelling units in accordance with subdivision (a), all of the following shall apply:
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(1) The local agency shall not impose any parking standards for an accessory dwelling unit in any of the
following instances:
(A) Where the accessory dwelling unit is located within one-half mile walking distance of public transit.
(B) Where the accessory dwelling unit is located within an architecturally and historically significant historic
district.
(C) Where the accessory dwelling unit is part of the proposed or existing primary residence or an accessory
structure.
(D) When on-street parking permits are required but not offered to the occupant of the accessory dwelling
unit.
(E) When there is a car share vehicle located within one block of the accessory dwelling unit.
(F) When a permit application for an accessory dwelling unit is submitted with a permit application to create
a new single-family dwelling or a new multifamily dwelling on the same lot, provided that the accessory
dwelling unit or the parcel satisfies any other criteria listed in this paragraph.
(2) The local agency shall not deny an application for a permit to create an accessory dwelling unit 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 accessory dwelling
unit.
(e) (1) Notwithstanding subdivisions (a) to (d), inclusive, a local agency shall ministerially approve an application
for a building permit within a residential or mixed-use zone to create any of the following:
(A) One accessory dwelling unit and one junior accessory dwelling unit per lot with a proposed or existing
single-family dwelling if all of the following apply:
(i) The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a single-
family dwelling or existing space of a single-family dwelling or accessory structure and may include an
expansion of not more than 150 square feet beyond the same physical dimensions as the existing
accessory structure. An expansion beyond the physical dimensions of the existing accessory structure
shall be limited to accommodating ingress and egress.
(ii) The space has exterior access from the proposed or existing single-family dwelling.
(iii) The side and rear setbacks are sufficient for fire and safety.
(iv) The junior accessory dwelling unit complies with the requirements of Section 65852.22.
(B) One detached, new construction, accessory dwelling unit that does not exceed four-foot side and rear
yard setbacks for a lot with a proposed or existing single-family dwelling. The accessory dwelling unit may
be combined with a junior accessory dwelling unit described in subparagraph (A). A local agency may
impose the following conditions on the accessory dwelling unit:
(i) A total floor area limitation of not more than 800 square feet.
(ii) A height limitation as provided in clause (i), (ii), or (iii) as applicable, of subparagraph (D) of
paragraph (2) of subdivision (c).
(C) (i) Multiple accessory dwelling units within the portions of existing multifamily dwelling structures that
are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways,
attics, basements, or garages, if each unit complies with state building standards for dwellings.
(ii) A local agency shall allow at least one accessory dwelling unit within an existing multifamily dwelling
and shall allow up to 25 percent of the existing multifamily dwelling units.
(D) (i) Not more than two accessory dwelling units that are located on a lot that has an existing or proposed
multifamily dwelling, but are detached from that multifamily dwelling and are subject to the applicable
height limitation in clause (i), (ii), or (iii), as applicable, of subparagraph (D) of paragraph (2) of subdivision
(c) and rear yard and side setbacks of no more than four feet.
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(ii) If the existing multifamily dwelling has a rear or side setback of less than four feet, the local agency
shall not require any modification of the existing multifamily dwelling as a condition of approving the
application to construct an accessory dwelling unit that satisfies the requirements of this subparagraph.
(2) A local agency shall not require, as a condition for ministerial approval of a permit application for the
creation of an accessory dwelling unit or a junior accessory dwelling unit, the correction of nonconforming
zoning conditions.
(3) The installation of fire sprinklers shall not be required in an accessory dwelling unit if sprinklers are not
required for the primary residence. The construction of an accessory dwelling unit shall not trigger a
requirement for fire sprinklers to be installed in the existing multifamily dwelling.
(4) A local agency may require owner-occupancy for either the primary dwelling or the accessory dwelling unit
on a single-family lot, subject to the requirements of paragraph (8) of subdivision (a).
(5) A local agency shall require that a rental of the accessory dwelling unit created pursuant to this subdivision
be for a term longer than 30 days.
(6) A local agency may require, as part of the application for a permit to create an accessory dwelling unit
connected to an onsite wastewater treatment system, a percolation test completed within the last five years,
or, if the percolation test has been recertified, within the last 10 years.
(7) Notwithstanding subdivision (c) and paragraph (1) a local agency that has adopted an ordinance by July 1,
2018, providing for the approval of accessory dwelling units in multifamily dwelling structures shall
ministerially consider a permit application to construct an accessory dwelling unit that is described in
paragraph (1), and may impose objective standards including, but not limited to, design, development, and
historic standards on said accessory dwelling units. These standards shall not include requirements on
minimum lot size.
(f) (1) Fees charged for the construction of accessory dwelling units shall be determined in accordance with
Chapter 5 (commencing with Section 66000) and Chapter 7 (commencing with Section 66012).
(2) An accessory dwelling unit shall not be considered by a local agency, special district, or water corporation
to be a new residential use for purposes of calculating connection fees or capacity charges for utilities,
including water and sewer service, unless the accessory dwelling unit was constructed with a new single-family
dwelling.
(3) (A) A local agency, special district, or water corporation shall not impose any impact fee upon the
development of an accessory dwelling unit less than 750 square feet. Any impact fees charged for an accessory
dwelling unit of 750 square feet or more shall be charged proportionately in relation to the square footage of
the primary dwelling unit.
(B) For purposes of this paragraph, “impact fee” has the same meaning as the term “fee” is defined in
subdivision (b) of Section 66000, except that it also includes fees specified in Section 66477. “Impact fee”
does not include any connection fee or capacity charge charged by a local agency, special district, or water
corporation.
(4) For an accessory dwelling unit described in subparagraph (A) of paragraph (1) of subdivision (e), a local
agency, special district, or water corporation shall not require the applicant to install a new or separate utility
connection directly between the accessory dwelling unit and the utility or impose a related connection fee or
capacity charge, unless the accessory dwelling unit was constructed with a new single-family dwelling.
(5) For an accessory dwelling unit that is not described in subparagraph (A) of paragraph (1) of subdivision
(e), a local agency, special district, or water corporation may require a new or separate utility connection
directly between the accessory dwelling unit and the utility. Consistent with Section 66013, the connection may
be subject to a connection fee or capacity charge that shall be proportionate to the burden of the proposed
accessory dwelling unit, based upon either its square feet or the number of its drainage fixture unit (DFU)
values, as defined in the Uniform Plumbing Code adopted and published by the International Association of
Plumbing and Mechanical Officials, upon the water or sewer system. This fee or charge shall not exceed the
reasonable cost of providing this service.
(g) This section does not limit the authority of local agencies to adopt less restrictive requirements for the
creation of an accessory dwelling unit.
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(h) (1) A local agency shall submit a copy of the ordinance adopted pursuant to subdivision (a) to the
Department of Housing and Community Development within 60 days after adoption. After adoption of an
ordinance, the department may submit written findings to the local agency as to whether the ordinance complies
with this section.
(2) (A) If the department finds that the local agency’s ordinance does not comply with this section, the
department shall notify the local agency and shall provide the local agency with a reasonable time, no longer
than 30 days, to respond to the findings before taking any other action authorized by this section.
(B) The local agency shall consider the findings made by the department pursuant to subparagraph (A) and
shall do one of the following:
(i) Amend the ordinance to comply with this section.
(ii) Adopt the ordinance without changes. The local agency shall include findings in its resolution
adopting the ordinance that explain the reasons the local agency believes that the ordinance complies
with this section despite the findings of the department.
(3) (A) If the local agency does not amend its ordinance in response to the department’s findings or does not
adopt a resolution with findings explaining the reason the ordinance complies with this section and addressing
the department’s findings, the department shall notify the local agency and may notify the Attorney General
that the local agency is in violation of state law.
(B) Before notifying the Attorney General that the local agency is in violation of state law, the department
may consider whether a local agency adopted an ordinance in compliance with this section between January
1, 2017, and January 1, 2020.
(i) The department may review, adopt, amend, or repeal guidelines to implement uniform standards or criteria
that supplement or clarify the terms, references, and standards set forth in this section. The guidelines adopted
pursuant to this subdivision are not subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of
Division 3 of Title 2.
(j) As used in this section, the following terms mean:
(1) “Accessory dwelling unit” means an attached or a detached residential dwelling unit that provides complete
independent living facilities for one or more persons and is located on a lot with a proposed or existing primary
residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the
same parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also
includes the following:
(A) An efficiency unit.
(B) A manufactured home, as defined in Section 18007 of the Health and Safety Code.
(2) “Accessory structure” means a structure that is accessory and incidental to a dwelling located on the same
lot.
(3) “Efficiency unit” has the same meaning as defined in Section 17958.1 of the Health and Safety Code.
(4) “Living area” means the interior habitable area of a dwelling unit, including basements and attics, but does
not include a garage or any accessory structure.
(5) “Local agency” means a city, county, or city and county, whether general law or chartered.
(6) “Nonconforming zoning condition” means a physical improvement on a property that does not conform with
current zoning standards.
(7) “Objective standards” means standards that involve no personal or subjective judgment by a public official
and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and
knowable by both the development applicant or proponent and the public official prior to submittal.
(8) “Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one
entrance of the accessory dwelling unit.
(9) “Permitting agency” means any entity that is involved in the review of a permit for an accessory dwelling
unit or junior accessory dwelling unit and for which there is no substitute, including, but not limited to,March 15, 2023 Item #1 Page 37 of 103
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applicable planning departments, building departments, utilities, and special districts.
(10) “Proposed dwelling” means a dwelling that is the subject of a permit application and that meets the
requirements for permitting.
(11) “Public transit” means a location, including, but not limited to, a bus stop or train station, where the
public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed
routes, and are available to the public.
(12) “Tandem parking” means that two or more automobiles are parked on a driveway or in any other location
on a lot, lined up behind one another.
(k) A local agency shall not issue a certificate of occupancy for an accessory dwelling unit before the local agency
issues a certificate of occupancy for the primary dwelling.
(l) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application
of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources
Code), except that the local government shall not be required to hold public hearings for coastal development
permit applications for accessory dwelling units.
(m) A local agency may count an accessory dwelling unit for purposes of identifying adequate sites for housing,
as specified in subdivision (a) of Section 65583.1, subject to authorization by the department and compliance
with this division.
(n) In enforcing building standards pursuant to Article 1 (commencing with Section 17960) of Chapter 5 of Part
1.5 of Division 13 of the Health and Safety Code for an accessory dwelling unit described in paragraph (1) or (2),
a local agency, upon request of an owner of an accessory dwelling unit for a delay in enforcement, shall delay
enforcement of a building standard, subject to compliance with Section 17980.12 of the Health and Safety Code:
(1) The accessory dwelling unit was built before January 1, 2020.
(2) The accessory dwelling unit was built on or after January 1, 2020, in a local jurisdiction that, at the time
the accessory dwelling unit was built, had a noncompliant accessory dwelling unit ordinance, but the ordinance
is compliant at the time the request is made.
SEC. 2.5. Section 65852.2 of the Government Code, as amended by Section 1 of Chapter 343 of the Statutes of
2021, is amended to read:
65852.2. (a) (1) A local agency may, by ordinance, provide for the creation of accessory dwelling units in areas
zoned to allow single-family or multifamily dwelling residential use. The ordinance shall do all of the following:
(A) Designate areas within the jurisdiction of the local agency where accessory dwelling units may be
permitted. The designation of areas may be based on the adequacy of water and sewer services and the
impact of accessory dwelling units on traffic flow and public safety. A local agency that does not provide
water or sewer services shall consult with the local water or sewer service provider regarding the adequacy
of water and sewer services before designating an area where accessory dwelling units may be permitted.
(B) (i) Impose objective standards on accessory dwelling units that include, but are not limited to, parking,
height, setback, landscape, architectural review, maximum size of a unit, and standards that prevent
adverse impacts on any real property that is listed in the California Register of Historical Resources. These
standards shall not include requirements on minimum lot size.
(ii) Notwithstanding clause (i), a local agency may reduce or eliminate parking requirements for any
accessory dwelling unit located within its jurisdiction.
(C) Provide that accessory dwelling units do not exceed the allowable density for the lot upon which the
accessory dwelling unit is located, and that accessory dwelling units are a residential use that is consistent
with the existing general plan and zoning designation for the lot.
(D) Require the accessory dwelling units to comply with all of the following:
(i) Except as provided in Section 65852.26, the accessory dwelling unit may be rented separate from the
primary residence, but may not be sold or otherwise conveyed separate from the primary residence.
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(ii) The lot is zoned to allow single-family or multifamily dwelling residential use and includes a proposed
or existing dwelling.
(iii) The accessory dwelling unit is either attached to, or located within, the proposed or existing primary
dwelling, including attached garages, storage areas or similar uses, or an accessory structure or
detached from the proposed or existing primary dwelling and located on the same lot as the proposed or
existing primary dwelling, including detached garages.
(iv) If there is an existing primary dwelling, the total floor area of an attached accessory dwelling unit
shall not exceed 50 percent of the existing primary dwelling.
(v) The total floor area for a detached accessory dwelling unit shall not exceed 1,200 square feet.
(vi) No passageway shall be required in conjunction with the construction of an accessory dwelling unit.
(vii) No setback shall be required for an existing living area or accessory structure or a structure
constructed in the same location and to the same dimensions as an existing structure that is converted
to an accessory dwelling unit or to a portion of an accessory dwelling unit, and a setback of no more than
four feet from the side and rear lot lines shall be required for an accessory dwelling unit that is not
converted from an existing structure or a new structure constructed in the same location and to the
same dimensions as an existing structure.
(viii) Local building code requirements that apply to detached dwellings, except that the construction of
an accessory dwelling unit shall not constitute a Group R occupancy change under the local building
code, as described in Section 310 of the California Building Code (Title 24 of the California Code of
Regulations), unless the building official or enforcement agency of the local agency makes a written
finding based on substantial evidence in the record that the construction of the accessory dwelling unit
could have a specific, adverse impact on public health and safety. Nothing in this clause shall be
interpreted to prevent a local agency from changing the occupancy code of a space that was unhabitable
space or was only permitted for nonresidential use and was subsequently converted for residential use
pursuant to this section.
(ix) Approval by the local health officer where a private sewage disposal system is being used, if
required.
(x) (I) Parking requirements for accessory dwelling units shall not exceed one parking space per
accessory dwelling unit or per bedroom, whichever is less. These spaces may be provided as tandem
parking on a driveway.
(II) Off street parking shall be permitted in setback areas in locations determined by the local agency
or through tandem parking, unless specific findings are made that parking in setback areas or tandem
parking is not feasible based upon specific site or regional topographical or fire and life safety
conditions.
(III) This clause shall not apply to an accessory dwelling unit that is described in subdivision (d).
(xi) When a garage, carport, or covered parking structure is demolished in conjunction with the
construction of an accessory dwelling unit or converted to an accessory dwelling unit, the local agency
shall not require that those offstreet parking spaces be replaced.
(xii) Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for
the primary residence. The construction of an accessory dwelling unit shall not trigger a requirement for
fire sprinklers to be installed in the existing primary dwelling.
(2) The ordinance shall not be considered in the application of any local ordinance, policy, or program to limit
residential growth.
(3) (A) A permit application for an accessory dwelling unit or a junior accessory dwelling unit shall be
considered and approved ministerially without discretionary review or a hearing, notwithstanding Section
65901 or 65906 or any local ordinance regulating the issuance of variances or special use permits. The
permitting agency shall either approve or deny the application to create or serve an accessory dwelling unit or
a junior accessory dwelling unit within 60 days from the date the permitting agency receives a completed
application if there is an existing single-family or multifamily dwelling on the lot. If the permit application to
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application to create a new single-family or multifamily dwelling on the lot, the permitting agency may delay
approving or denying the permit application for the accessory dwelling unit or the junior accessory dwelling
unit until the permitting agency approves or denies the permit application to create the new single-family or
multifamily dwelling, but the application to create or serve the accessory dwelling unit or junior accessory
dwelling unit shall be considered without discretionary review or hearing. If the applicant requests a delay, the
60-day time period shall be tolled for the period of the delay. If the local agency has not approved or denied
the completed application within 60 days, the application shall be deemed approved. A local agency may
charge a fee to reimburse it for costs incurred to implement this paragraph, including the costs of adopting or
amending any ordinance that provides for the creation of an accessory dwelling unit.
(B) If a permitting agency denies an application for an accessory dwelling unit or junior accessory dwelling
unit pursuant to subparagraph (A), the permitting agency shall, within the time period described in
subparagraph (A), return 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.
(4) The ordinance shall require that a demolition permit for a detached garage that is to be replaced with an
accessory dwelling unit be reviewed with the application for the accessory dwelling unit and issued at the same
time.
(5) The ordinance shall not require, and the applicant shall not be otherwise required, to provide written notice
or post a placard for the demolition of a detached garage that is to be replaced with an accessory dwelling
unit, unless the property is located within an architecturally and historically significant historic district.
(6) An existing ordinance governing the creation of an accessory dwelling unit by a local agency or an
accessory dwelling ordinance adopted by a local agency shall provide an approval process that includes only
ministerial provisions for the approval of accessory dwelling units and shall not include any discretionary
processes, provisions, or requirements for those units, except as otherwise provided in this subdivision. If a
local agency has an existing accessory dwelling unit ordinance that fails to meet the requirements of this
subdivision, that ordinance shall be null and void and that agency shall thereafter apply the standards
established in this subdivision for the approval of accessory dwelling units, unless and until the agency adopts
an ordinance that complies with this section.
(7) No other local ordinance, policy, or regulation shall be the basis for the delay or denial of a building permit
or a use permit under this subdivision.
(8) (A) This subdivision establishes the maximum standards that local agencies shall use to evaluate a
proposed accessory dwelling unit on a lot that includes a proposed or existing single-family dwelling. No
additional standards, other than those provided in this subdivision, shall be used or imposed, except that,
subject to subparagraphs (B) and (C), a local agency may require an applicant for a permit issued pursuant to
this subdivision to be an owner-occupant.
(B) (i) Notwithstanding subparagraph (A), a local agency shall not impose an owner-occupant requirement
on an accessory dwelling unit before January 1, 2025.
(ii) Notwithstanding subparagraph (A), a local agency shall not impose an owner-occupant requirement
on an accessory dwelling unit that was permitted between January 1, 2020, and January 1, 2025.
(C) Notwithstanding subparagraphs (A) and (B), a local agency may require that an accessory dwelling unit
be used for rentals of terms longer than 30 days.
(9) A local agency may amend its zoning ordinance or general plan to incorporate the policies, procedures, or
other provisions applicable to the creation of an accessory dwelling unit if these provisions are consistent with
the limitations of this subdivision.
(10) An accessory dwelling unit that conforms to this subdivision shall be deemed to be an accessory use or an
accessory building and shall not be considered to exceed the allowable density for the lot upon which it is
located, and shall be deemed to be a residential use that is consistent with the existing general plan and
zoning designations for the lot. The accessory dwelling unit shall not be considered in the application of any
local ordinance, policy, or program to limit residential growth.
(b) (1) When a local agency that has not adopted an ordinance governing accessory dwelling units in accordance
with subdivision (a) receives an application for a permit to create or serve an accessory dwelling unit pursuant to
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review pursuant to subdivision (a). The permitting agency shall either approve or deny the application to create
or serve an accessory dwelling unit or a junior accessory dwelling unit within 60 days from the date the
permitting agency receives a completed application if there is an existing single-family or multifamily dwelling on
the lot. If the permit application to create or serve an accessory dwelling unit or a junior accessory dwelling unit
is submitted with a permit application to create or serve a new single-family or multifamily dwelling on the lot,
the permitting agency may delay approving or denying the permit application for the accessory dwelling unit or
the junior accessory dwelling unit until the permitting agency approves or denies the permit application to create
or serve the new single-family or multifamily dwelling, but the application to create or serve the accessory
dwelling unit or junior accessory dwelling unit shall still be considered ministerially without discretionary review
or a hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay.
If the local agency has not approved or denied the completed application within 60 days, the application shall be
deemed approved.
(2) If a permitting agency denies an application for an accessory dwelling unit or junior accessory dwelling unit
pursuant to paragraph (1), the permitting agency shall, within the time period described in paragraph (1),
return 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.
(c) (1) Subject to paragraph (2), a local agency may establish minimum and maximum unit size requirements
for both attached and detached accessory dwelling units.
(2) Notwithstanding paragraph (1), a local agency shall not establish by ordinance any of the following:
(A) A minimum square footage requirement for either an attached or detached accessory dwelling unit that
prohibits an efficiency unit.
(B) A maximum square footage requirement for either an attached or detached accessory dwelling unit that
is less than either of the following:
(i) 850 square feet.
(ii) 1,000 square feet for an accessory dwelling unit that provides more than one bedroom.
(C) Any requirement for a zoning clearance or separate zoning review or any other minimum or maximum
size for an accessory dwelling unit, size based upon a percentage of the proposed or existing primary
dwelling, or limits on lot coverage, floor area ratio, open space, front setbacks, and minimum lot size, for
either attached or detached dwellings that does not permit at least an 800 square foot accessory dwelling
unit with four-foot side and rear yard setbacks to be constructed in compliance with all other local
development standards.
(D) Any height limitation that does not allow at least the following, as applicable:
(i) A height of 16 feet for a detached accessory dwelling unit on a lot with an existing or proposed single
family or multifamily dwelling unit.
(ii) A height of 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed single
family or multifamily dwelling unit that is within one-half of one mile walking distance of a major transit
stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the Public
Resources Code. A local agency shall also allow an additional two feet in height to accommodate a roof
pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit.
(iii) A height of 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed
multifamily, multistory dwelling.
(iv) A height of 25 feet or the height limitation in the local zoning ordinance that applies to the primary
dwelling, whichever is lower, for an accessory dwelling unit that is attached to a primary dwelling. This
clause shall not require a local agency to allow an accessory dwelling unit to exceed two stories.
(d) Notwithstanding any other law, and whether or not the local agency has adopted an ordinance governing
accessory dwelling units in accordance with subdivision (a), all of the following shall apply:
(1) The local agency shall not impose any parking standards for an accessory dwelling unit in any of the
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(B) Where the accessory dwelling unit is located within an architecturally and historically significant historic
district.
(C) Where the accessory dwelling unit is part of the proposed or existing primary residence or an accessory
structure.
(D) When onstreet parking permits are required but not offered to the occupant of the accessory dwelling
unit.
(E) When there is a car share vehicle located within one block of the accessory dwelling unit.
(F) When a permit application for an accessory dwelling unit is submitted with a permit application to create
a new single-family dwelling or a new multifamily dwelling on the same lot, provided that the accessory
dwelling unit or the parcel satisfies any other criteria listed in this paragraph.
(2) The local agency shall not deny an application for a permit to create an accessory dwelling unit 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 accessory dwelling
unit.
(e) (1) Notwithstanding subdivisions (a) to (d), inclusive, a local agency shall ministerially approve an application
for a building permit within a residential or mixed-use zone to create any of the following:
(A) One accessory dwelling unit and one junior accessory dwelling unit per lot with a proposed or existing
single-family dwelling if all of the following apply:
(i) The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a single-
family dwelling or existing space of a single-family dwelling or accessory structure and may include an
expansion of not more than 150 square feet beyond the same physical dimensions as the existing
accessory structure. An expansion beyond the physical dimensions of the existing accessory structure
shall be limited to accommodating ingress and egress.
(ii) The space has exterior access from the proposed or existing single-family dwelling.
(iii) The side and rear setbacks are sufficient for fire and safety.
(iv) The junior accessory dwelling unit complies with the requirements of Section 65852.22.
(B) One detached, new construction, accessory dwelling unit that does not exceed four-foot side and rear
yard setbacks for a lot with a proposed or existing single-family dwelling. The accessory dwelling unit may
be combined with a junior accessory dwelling unit described in subparagraph (A). A local agency may
impose the following conditions on the accessory dwelling unit:
(i) A total floor area limitation of not more than 800 square feet.
(ii) A height limitation as provided in clause (i), (ii), or (iii) as applicable, of subparagraph (D) of
paragraph (2) of subdivision (c).
(C) (i) Multiple accessory dwelling units within the portions of existing multifamily dwelling structures that
are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways,
attics, basements, or garages, if each unit complies with state building standards for dwellings.
(ii) A local agency shall allow at least one accessory dwelling unit within an existing multifamily dwelling
and shall allow up to 25 percent of the existing multifamily dwelling units.
(D) (i) Not more than two accessory dwelling units that are located on a lot that has an existing or proposed
multifamily dwelling, but are detached from that multifamily dwelling and are subject to a height limitation
in clause (i), (ii), or (iii), as applicable, of subparagraph (D) of paragraph (2) of subdivision (c) and rear
yard and side setbacks of no more than four feet.
(ii) If the existing multifamily dwelling has a rear or side setback of less than four feet, the local agency
shall not require any modification of the existing multifamily dwelling as a condition of approving the
application to construct an accessory dwelling unit that satisfies the requirements of this subparagraph.
(2) A local agency shall not require, as a condition for ministerial approval of a permit application for the
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zoning conditions.
(3) The installation of fire sprinklers shall not be required in an accessory dwelling unit if sprinklers are not
required for the primary residence. The construction of an accessory dwelling unit shall not trigger a
requirement for fire sprinklers to be installed in the existing multifamily dwelling.
(4) A local agency may require owner-occupancy for either the primary dwelling or the accessory dwelling unit
on a single-family lot, subject to the requirements of paragraph (8) of subdivision (a).
(5) A local agency shall require that a rental of the accessory dwelling unit created pursuant to this subdivision
be for a term longer than 30 days.
(6) A local agency may require, as part of the application for a permit to create an accessory dwelling unit
connected to an onsite wastewater treatment system, a percolation test completed within the last five years,
or, if the percolation test has been recertified, within the last 10 years.
(7) Notwithstanding subdivision (c) and paragraph (1) a local agency that has adopted an ordinance by July 1,
2018, providing for the approval of accessory dwelling units in multifamily dwelling structures shall
ministerially consider a permit application to construct an accessory dwelling unit that is described in
paragraph (1), and may impose objective standards including, but not limited to, design, development, and
historic standards on said accessory dwelling units. These standards shall not include requirements on
minimum lot size.
(f) (1) Fees charged for the construction of accessory dwelling units shall be determined in accordance with
Chapter 5 (commencing with Section 66000) and Chapter 7 (commencing with Section 66012).
(2) An accessory dwelling unit shall not be considered by a local agency, special district, or water corporation
to be a new residential use for purposes of calculating connection fees or capacity charges for utilities,
including water and sewer service, unless the accessory dwelling unit was constructed with a new single-family
dwelling.
(3) (A) A local agency, special district, or water corporation shall not impose any impact fee upon the
development of an accessory dwelling unit less than 750 square feet. Any impact fees charged for an accessory
dwelling unit of 750 square feet or more shall be charged proportionately in relation to the square footage of
the primary dwelling unit.
(B) For purposes of this paragraph, “impact fee” has the same meaning as the term “fee” is defined in
subdivision (b) of Section 66000, except that it also includes fees specified in Section 66477. “Impact fee”
does not include any connection fee or capacity charge charged by a local agency, special district, or water
corporation.
(4) For an accessory dwelling unit described in subparagraph (A) of paragraph (1) of subdivision (e), a local
agency, special district, or water corporation shall not require the applicant to install a new or separate utility
connection directly between the accessory dwelling unit and the utility or impose a related connection fee or
capacity charge, unless the accessory dwelling unit was constructed with a new single-family dwelling.
(5) For an accessory dwelling unit that is not described in subparagraph (A) of paragraph (1) of subdivision
(e), a local agency, special district, or water corporation may require a new or separate utility connection
directly between the accessory dwelling unit and the utility. Consistent with Section 66013, the connection may
be subject to a connection fee or capacity charge that shall be proportionate to the burden of the proposed
accessory dwelling unit, based upon either its square feet or the number of its drainage fixture unit (DFU)
values, as defined in the Uniform Plumbing Code adopted and published by the International Association of
Plumbing and Mechanical Officials, upon the water or sewer system. This fee or charge shall not exceed the
reasonable cost of providing this service.
(g) This section shall supersede a conflicting local ordinance. This section does not limit the authority of local
agencies to adopt less restrictive requirements for the creation of an accessory dwelling unit.
(h) (1) A local agency shall submit a copy of the ordinance adopted pursuant to subdivision (a) to the
Department of Housing and Community Development within 60 days after adoption. After adoption of an
ordinance, the department may submit written findings to the local agency as to whether the ordinance complies
with this section.
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(2) (A) If the department finds that the local agency’s ordinance does not comply with this section, the
department shall notify the local agency and shall provide the local agency with a reasonable time, no longer
than 30 days, to respond to the findings before taking any other action authorized by this section.
(B) The local agency shall consider the findings made by the department pursuant to subparagraph (A) and
shall do one of the following:
(i) Amend the ordinance to comply with this section.
(ii) Adopt the ordinance without changes. The local agency shall include findings in its resolution
adopting the ordinance that explain the reasons the local agency believes that the ordinance complies
with this section despite the findings of the department.
(3) (A) If the local agency does not amend its ordinance in response to the department’s findings or does not
adopt a resolution with findings explaining the reason the ordinance complies with this section and addressing
the department’s findings, the department shall notify the local agency and may notify the Attorney General
that the local agency is in violation of state law.
(B) Before notifying the Attorney General that the local agency is in violation of state law, the department
may consider whether a local agency adopted an ordinance in compliance with this section between January
1, 2017, and January 1, 2020.
(i) The department may review, adopt, amend, or repeal guidelines to implement uniform standards or criteria
that supplement or clarify the terms, references, and standards set forth in this section. The guidelines adopted
pursuant to this subdivision are not subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of
Division 3 of Title 2.
(j) As used in this section, the following terms mean:
(1) “Accessory dwelling unit” means an attached or a detached residential dwelling unit that provides complete
independent living facilities for one or more persons and is located on a lot with a proposed or existing primary
residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the
same parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also
includes the following:
(A) An efficiency unit.
(B) A manufactured home, as defined in Section 18007 of the Health and Safety Code.
(2) “Accessory structure” means a structure that is accessory and incidental to a dwelling located on the same
lot.
(3) “Efficiency unit” has the same meaning as defined in Section 17958.1 of the Health and Safety Code.
(4) “Living area” means the interior habitable area of a dwelling unit, including basements and attics, but does
not include a garage or any accessory structure.
(5) “Local agency” means a city, county, or city and county, whether general law or chartered.
(6) “Nonconforming zoning condition” means a physical improvement on a property that does not conform with
current zoning standards.
(7) “Objective standards” means standards that involve no personal or subjective judgment by a public official
and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and
knowable by both the development applicant or proponent and the public official prior to submittal.
(8) “Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one
entrance of the accessory dwelling unit.
(9) “Permitting agency” means any entity that is involved in the review of a permit for an accessory dwelling
unit or junior accessory dwelling unit and for which there is no substitute, including, but not limited to,
applicable planning departments, building departments, utilities, and special districts.
(10) “Proposed dwelling” means a dwelling that is the subject of a permit application and that meets the
requirements for permitting.
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(11) “Public transit” means a location, including, but not limited to, a bus stop or train station, where the
public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed
routes, and are available to the public.
(12) “Tandem parking” means that two or more automobiles are parked on a driveway or in any other location
on a lot, lined up behind one another.
(k) A local agency shall not issue a certificate of occupancy for an accessory dwelling unit before the local agency
issues a certificate of occupancy for the primary dwelling.
(l) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application
of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources
Code), except that the local government shall not be required to hold public hearings for coastal development
permit applications for accessory dwelling units.
(m) A local agency may count an accessory dwelling unit for purposes of identifying adequate sites for housing,
as specified in subdivision (a) of Section 65583.1, subject to authorization by the department and compliance
with this division.
(n) In enforcing building standards pursuant to Article 1 (commencing with Section 17960) of Chapter 5 of Part
1.5 of Division 13 of the Health and Safety Code for an accessory dwelling unit described in paragraph (1) or (2),
a local agency, upon request of an owner of an accessory dwelling unit for a delay in enforcement, shall delay
enforcement of a building standard, subject to compliance with Section 17980.12 of the Health and Safety Code:
(1) The accessory dwelling unit was built before January 1, 2020.
(2) The accessory dwelling unit was built on or after January 1, 2020, in a local jurisdiction that, at the time
the accessory dwelling unit was built, had a noncompliant accessory dwelling unit ordinance, but the ordinance
is compliant at the time the request is made.
SEC. 3. Section 65852.2 of the Government Code, as amended by Section 2 of Chapter 343 of the Statutes of
2021, is repealed.
SEC. 4. Section 65852.22 of the Government Code is amended to read:
65852.22. (a) Notwithstanding Section 65852.2, a local agency may, by ordinance, provide for the creation of
junior accessory dwelling units in single-family residential zones. The ordinance may require a permit to be
obtained for the creation of a junior accessory dwelling unit, and shall do all of the following:
(1) Limit the number of junior accessory dwelling units to one per residential lot zoned for single-family
residences with a single-family residence built, or proposed to be built, on the lot.
(2) Require owner-occupancy in the single family residence in which the junior accessory dwelling unit will be
permitted. The owner may reside in either the remaining portion of the structure or the newly created junior
accessory dwelling unit. Owner-occupancy shall not be required if the owner is another governmental agency,
land trust, or housing organization.
(3) Require the recordation of a deed restriction, which shall run with the land, shall be filed with the
permitting agency, and shall include both of the following:
(A) A prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single-family
residence, including a statement that the deed restriction may be enforced against future purchasers.
(B) A restriction on the size and attributes of the junior accessory dwelling unit that conforms with this
section.
(4) Require a permitted junior accessory dwelling unit to be constructed within the walls of the proposed or
existing single-family residence. For purposes of this paragraph, enclosed uses within the residence, such as
attached garages, are considered a part of the proposed or existing single-family residence.
(5) (A) Require a permitted junior accessory dwelling unit to include a separate entrance from the main
entrance to the proposed or existing single-family residence.
(B) If a permitted junior accessory dwelling unit does not include a separate bathroom, the permitted junior
accessory dwelling unit shall include a separate entrance from the main entrance to the structure, with anMarch 15, 2023 Item #1 Page 45 of 103
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interior entry to the main living area.
(6) Require the permitted junior accessory dwelling unit to include an efficiency kitchen, which shall include all
of the following:
(A) A cooking facility with appliances.
(B) A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the
junior accessory dwelling unit.
(b) (1) An ordinance shall not require additional parking as a condition to grant a permit.
(2) This subdivision shall not be interpreted to prohibit the requirement of an inspection, including the
imposition of a fee for that inspection, to determine if the junior accessory dwelling unit complies with
applicable building standards.
(c) (1) An application for a permit pursuant to this section shall, notwithstanding Section 65901 or 65906 or any
local ordinance regulating the issuance of variances or special use permits, be considered ministerially, without
discretionary review or a hearing. The permitting agency shall either approve or deny the application to create or
serve a junior accessory dwelling unit within 60 days from the date the local agency receives a completed
application if there is an existing single-family dwelling on the lot. If the permit application to create or serve a
junior accessory dwelling unit is submitted with a permit application to create or serve a new single-family
dwelling on the lot, the permitting agency may delay approving or denying the permit application for the junior
accessory dwelling unit until the permitting agency approves or denies the permit application to create or serve
the new single-family dwelling, but the application to create or serve the junior accessory dwelling unit shall still
be considered ministerially without discretionary review or a hearing. If the applicant requests a delay, the 60-
day time period shall be tolled for the period of the delay. A local agency may charge a fee to reimburse the local
agency for costs incurred in connection with the issuance of a permit pursuant to this section.
(2) If a permitting agency denies an application for a junior accessory dwelling unit pursuant to paragraph (1),
the permitting agency shall, within the time period described in paragraph (1), return 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.
(d) A local agency shall not deny an application for a permit to create a junior accessory dwelling unit pursuant
to this section 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 that are not affected by the construction
of the junior accessory dwelling unit.
(e) For purposes of any fire or life protection ordinance or regulation, a junior accessory dwelling unit shall not
be considered a separate or new dwelling unit. This section shall not be construed to prohibit a city, county, city
and county, or other local public entity from adopting an ordinance or regulation relating to fire and life
protection requirements within a single-family residence that contains a junior accessory dwelling unit so long as
the ordinance or regulation applies uniformly to all single-family residences within the zone regardless of
whether the single-family residence includes a junior accessory dwelling unit or not.
(f) For purposes of providing service for water, sewer, or power, including a connection fee, a junior accessory
dwelling unit shall not be considered a separate or new dwelling unit.
(g) This section shall not be construed to prohibit a local agency from adopting an ordinance or regulation
related to a service or a connection fee for water, sewer, or power, that applies to a single-family residence that
contains a junior accessory dwelling unit, so long as that ordinance or regulation applies uniformly to all single-
family residences regardless of whether the single-family residence includes a junior accessory dwelling unit.
(h) If a local agency has not adopted a local ordinance pursuant to this section, the local agency shall
ministerially approve a permit to construct a junior accessory dwelling unit that satisfies the requirements set
forth in subparagraph (A) of paragraph (1) of subdivision (e) of Section 65852.2 and the requirements of this
section.
(i) For purposes of this section, the following terms have the following meanings:
(1) “Junior accessory dwelling unit” means a unit that is no more than 500 square feet in size and contained
entirely within a single-family residence. A junior accessory dwelling unit may include separate sanitation
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(2) “Local agency” means a city, county, or city and county, whether general law or chartered.
(3) “Permitting agency” means any entity that is involved in the review of a permit for an accessory dwelling
unit or junior accessory dwelling unit and for which there is no substitute, including, but not limited to,
applicable planning departments, building departments, utilities, and special districts.
SEC. 5. Section 65852.23 is added to the Government Code, to read:
65852.23. (a) Notwithstanding any other law, and except as otherwise provided in subdivision (b), a local agency
shall not deny a permit for an unpermitted accessory dwelling unit that was constructed before January 1, 2018,
due to either of the following:
(1) The accessory dwelling unit is in violation of building standards pursuant to Article 1 (commencing with
Section 17960) of Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code.
(2) The accessory dwelling unit does not comply with Section 65852.2 or any local ordinance regulating
accessory dwelling units.
(b) Notwithstanding subdivision (a), a local agency may deny a permit for an accessory dwelling unit subject to
subdivision (a) if the local agency makes a finding that correcting the violation is necessary to protect the health
and safety of the public or occupants of the structure.
(c) The section shall not apply to a building that is deemed substandard pursuant to Section 17920.3 of the
Health and Safety Code.
SEC. 6. Section 17980.12 of the Health and Safety Code is amended to read:
17980.12. (a) (1) An enforcement agency, until January 1, 2030, that issues to an owner of an accessory dwelling
unit described in subparagraph (A) or (B) below, a notice to correct a violation of any provision of any building
standard pursuant to this part shall include in that notice a statement that the owner of the unit has a right to
request a delay in enforcement pursuant to this subdivision:
(A) The accessory dwelling unit was built before January 1, 2020.
(B) The accessory dwelling unit was built on or after January 1, 2020, in a local jurisdiction that, at the time
the accessory dwelling unit was built, had a noncompliant accessory dwelling unit ordinance, but the
ordinance is compliant at the time the request is made.
(2) The owner of an accessory dwelling unit that receives a notice to correct violations or abate nuisances as
described in paragraph (1) may, in the form and manner prescribed by the enforcement agency, submit an
application to the enforcement agency requesting that enforcement of the violation be delayed for five years
on the basis that correcting the violation is not necessary to protect health and safety.
(3) A local agency shall not require, as a condition for ministerial approval of a permit application for the
creation of an accessory dwelling unit or a junior accessory dwelling unit, the correction of a violation on the
primary dwelling unit, provided that correcting the violation is not necessary to protect health and safety.
(4) The enforcement agency shall grant an application described in paragraph (2) if the enforcement agency
determines that correcting the violation is not necessary to protect health and safety. In making this
determination, the enforcement agency shall consult with the entity responsible for enforcement of building
standards and other regulations of the State Fire Marshal pursuant to Section 13146.
(5) The enforcement agency shall not approve any applications pursuant to this section on or after January 1,
2030. However, any delay that was approved by the enforcement agency before January 1, 2030, shall be valid
for the full term of the delay that was approved at the time of the initial approval of the application pursuant to
paragraph (4).
(b) For purposes of this section, “accessory dwelling unit” has the same meaning as defined in Section 65852.2.
(c) This section shall remain in effect only until January 1, 2035, and as of that date is repealed.
SEC. 7. Section 2.5 of this bill incorporates amendments to Section 65852.2 of the Government Code proposed
by both this bill and Assembly Bill 2221. That section of this bill shall only become operative if (1) both bills are
enacted and become effective on or before January 1, 2023, (2) each bill amends Section 65852.2 of theMarch 15, 2023 Item #1 Page 47 of 103
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Government Code, and (3) this bill is enacted after Assembly Bill 2221, in which case Section 2 of this bill shall
not become operative.
SEC. 8. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California
Constitution because a local agency or school district has the authority to levy service charges, fees, or
assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of
Section 17556 of the Government Code.
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SHARE THIS:Date Published: 09/29/2022 02:00 PM
AB-2221 Accessory dwelling units.(2021-2022)
Assembly Bill No. 2221
CHAPTER 650
An act to repeal and amend Section 65852.2 of the Government Code, relating to land use.
[ Approved by Governor September 28, 2022. Filed with Secretary of State
September 28, 2022. ]
LEGISLATIVE COUNSEL'S DIGEST
AB 2221, Quirk-Silva. Accessory dwelling units.
The Planning and Zoning Law, among other things, provides for the creation of accessory dwelling units by local
ordinance, or, if a local agency has not adopted an ordinance, by ministerial approval, in accordance with
specified standards and conditions. Existing law requires a local ordinance to require an accessory dwelling unit
to be either attached to, or located within, the proposed or existing primary dwelling, as specified, or detached
from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary
dwelling.
This bill would specify that an accessory dwelling unit that is detached from the proposed or existing primary
dwelling may include a detached garage.
Existing law requires a permitting agency to act on an application to create an accessory dwelling unit or a junior
accessory dwelling unit within specified timeframes.
This bill would require a permitting agency to approve or deny an application to serve an accessory dwelling unit
or a junior accessory dwelling unit within the same timeframes. If a permitting agency denies an application for
an accessory dwelling unit or junior accessory dwelling unit, the bill would require a permitting agency to return
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 same timeframes. The bill would
define “permitting agency” for its purposes.
Existing law authorizes a local agency to establish minimum and maximum unit size requirements for attached
and detached accessory dwelling units, subject to certain exceptions, including that a local agency is prohibited
from establishing limits on lot coverage, floor area ratio, open space, and minimum lot size, that do not permit
the construction of at least an 800 square foot accessory dwelling unit, as specified.
This bill would additionally prohibit a local agency from establishing limits on front setbacks, as described above.
This bill would incorporate additional changes to Section 65852.2 of the Government Code proposed by SB 897
to be operative only if this bill and SB 897 are enacted and this bill is enacted last.
Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites
March 15, 2023 Item #1 Page 49 of 103
~~-7 ~IVE INFORMATION
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By imposing additional duties on local governments in the administration of the development of accessory
dwelling units, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs
mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: majority Appropriation: no Fiscal Committee: yes Local Program: yes
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 65852.2 of the Government Code, as amended by Section 1 of Chapter 343 of the Statutes
of 2021, is amended to read:
65852.2. (a) (1) A local agency may, by ordinance, provide for the creation of accessory dwelling units in areas
zoned to allow single-family or multifamily dwelling residential use. The ordinance shall do all of the following:
(A) Designate areas within the jurisdiction of the local agency where accessory dwelling units may be
permitted. The designation of areas may be based on the adequacy of water and sewer services and the
impact of accessory dwelling units on traffic flow and public safety. A local agency that does not provide
water or sewer services shall consult with the local water or sewer service provider regarding the adequacy
of water and sewer services before designating an area where accessory dwelling units may be permitted.
(B) (i) Impose standards on accessory dwelling units that include, but are not limited to, parking, height,
setback, landscape, architectural review, maximum size of a unit, and standards that prevent adverse
impacts on any real property that is listed in the California Register of Historical Resources. These standards
shall not include requirements on minimum lot size.
(ii) Notwithstanding clause (i), a local agency may reduce or eliminate parking requirements for any
accessory dwelling unit located within its jurisdiction.
(C) Provide that accessory dwelling units do not exceed the allowable density for the lot upon which the
accessory dwelling unit is located, and that accessory dwelling units are a residential use that is consistent
with the existing general plan and zoning designation for the lot.
(D) Require the accessory dwelling units to comply with all of the following:
(i) Except as provided in Section 65852.26, the accessory dwelling unit may be rented separate from the
primary residence, but may not be sold or otherwise conveyed separate from the primary residence.
(ii) The lot is zoned to allow single-family or multifamily dwelling residential use and includes a proposed
or existing dwelling.
(iii) The accessory dwelling unit is either attached to, or located within, the proposed or existing primary
dwelling, including attached garages, storage areas or similar uses, or an accessory structure or
detached from the proposed or existing primary dwelling and located on the same lot as the proposed or
existing primary dwelling, including detached garages.
(iv) If there is an existing primary dwelling, the total floor area of an attached accessory dwelling unit
shall not exceed 50 percent of the existing primary dwelling.
(v) The total floor area for a detached accessory dwelling unit shall not exceed 1,200 square feet.
(vi) No passageway shall be required in conjunction with the construction of an accessory dwelling unit.
(vii) No setback shall be required for an existing living area or accessory structure or a structure
constructed in the same location and to the same dimensions as an existing structure that is converted
to an accessory dwelling unit or to a portion of an accessory dwelling unit, and a setback of no more than
four feet from the side and rear lot lines shall be required for an accessory dwelling unit that is not
converted from an existing structure or a new structure constructed in the same location and to the
same dimensions as an existing structure.
(viii) Local building code requirements that apply to detached dwellings, as appropriate.
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(ix) Approval by the local health officer where a private sewage disposal system is being used, if
required.
(x) (I) Parking requirements for accessory dwelling units shall not exceed one parking space per
accessory dwelling unit or per bedroom, whichever is less. These spaces may be provided as tandem
parking on a driveway.
(II) Off street parking shall be permitted in setback areas in locations determined by the local agency
or through tandem parking, unless specific findings are made that parking in setback areas or tandem
parking is not feasible based upon specific site or regional topographical or fire and life safety
conditions.
(III) This clause shall not apply to an accessory dwelling unit that is described in subdivision (d).
(xi) When a garage, carport, or covered parking structure is demolished in conjunction with the
construction of an accessory dwelling unit or converted to an accessory dwelling unit, the local agency
shall not require that those offstreet parking spaces be replaced.
(xii) Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for
the primary residence.
(2) The ordinance shall not be considered in the application of any local ordinance, policy, or program to limit
residential growth.
(3) (A) A permit application for an accessory dwelling unit or a junior accessory dwelling unit shall be
considered and approved ministerially without discretionary review or a hearing, notwithstanding Section
65901 or 65906 or any local ordinance regulating the issuance of variances or special use permits. The
permitting agency shall approve or deny an application to create or serve an accessory dwelling unit or a junior
accessory dwelling unit within 60 days from the date the permitting agency receives a completed application if
there is an existing single-family or multifamily dwelling on the lot. If the permit application to create or serve
an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create
or serve a new single-family or multifamily dwelling on the lot, the permitting agency may delay approving or
denying the permit application for the accessory dwelling unit or the junior accessory dwelling unit until the
permitting agency approves or denies the permit application to create or serve the new single-family or
multifamily dwelling, but the application to create or serve the accessory dwelling unit or junior accessory
dwelling unit shall be considered without discretionary review or hearing. If the applicant requests a delay, the
60-day time period shall be tolled for the period of the delay. If the local agency has not approved or denied
the completed application within 60 days, the application shall be deemed approved. A local agency may
charge a fee to reimburse it for costs incurred to implement this paragraph, including the costs of adopting or
amending any ordinance that provides for the creation or service of an accessory dwelling unit.
(B) If a permitting agency denies an application for an accessory dwelling unit or junior accessory dwelling
unit pursuant to subparagraph (A), the permitting agency shall, within the time period described in
subparagraph (A), return 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.
(4) An existing ordinance governing the creation of an accessory dwelling unit by a local agency or an
accessory dwelling ordinance adopted by a local agency shall provide an approval process that includes only
ministerial provisions for the approval of accessory dwelling units and shall not include any discretionary
processes, provisions, or requirements for those units, except as otherwise provided in this subdivision. If a
local agency has an existing accessory dwelling unit ordinance that fails to meet the requirements of this
subdivision, that ordinance shall be null and void and that agency shall thereafter apply the standards
established in this subdivision for the approval of accessory dwelling units, unless and until the agency adopts
an ordinance that complies with this section.
(5) No other local ordinance, policy, or regulation shall be the basis for the delay or denial of a building permit
or a use permit under this subdivision.
(6) A local agency may amend its zoning ordinance or general plan to incorporate the policies, procedures, or
other provisions applicable to the creation of an accessory dwelling unit if these provisions are consistent with
the limitations of this subdivision.
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(7) An accessory dwelling unit that conforms to this subdivision shall be deemed to be an accessory use or an
accessory building and shall not be considered to exceed the allowable density for the lot upon which it is
located, and shall be deemed to be a residential use that is consistent with the existing general plan and
zoning designations for the lot. The accessory dwelling unit shall not be considered in the application of any
local ordinance, policy, or program to limit residential growth.
(8) (A) This subdivision establishes the maximum standards that local agencies shall use to evaluate a
proposed accessory dwelling unit on a lot that includes a proposed or existing single-family dwelling. No
additional standards, other than those provided in this subdivision, shall be used or imposed, except that,
subject to subparagraphs (B) and (C), a local agency may require an applicant for a permit issued pursuant to
this subdivision to be an owner-occupant.
(B) (i) Notwithstanding subparagraph (A), a local agency shall not impose an owner-occupant requirement
on an accessory dwelling unit before January 1, 2025.
(ii) Notwithstanding subparagraph (A), a local agency shall not impose an owner-occupant requirement
on an accessory dwelling unit that was permitted between January 1, 2020, and January 1, 2025.
(C) Notwithstanding subparagraphs (A) and (B), a local agency may require that an accessory dwelling unit
be used for rentals of terms longer than 30 days.
(b) (1) When a local agency that has not adopted an ordinance governing accessory dwelling units in accordance
with subdivision (a) receives an application for a permit to create or serve an accessory dwelling unit pursuant to
this subdivision, the local agency shall approve or disapprove the application ministerially without discretionary
review pursuant to subdivision (a). The permitting agency shall either approve or deny the application to create
an accessory dwelling unit or a junior accessory dwelling unit within 60 days from the date the permitting agency
receives a completed application if there is an existing single-family or multifamily dwelling on the lot. If the
permit application to create or serve an accessory dwelling unit or a junior accessory dwelling unit is submitted
with a permit application to create a new single-family or multifamily dwelling on the lot, the permitting agency
may delay approving or denying the permit application for the accessory dwelling unit or the junior accessory
dwelling unit until the permitting agency approves or denies the permit application to create or serve the new
single-family or multifamily dwelling, but the application to create or serve the accessory dwelling unit or junior
accessory dwelling unit shall still be considered ministerially without discretionary review or a hearing. If the
applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. If the local agency
has not approved or denied the completed application within 60 days, the application shall be deemed approved.
(2) If a permitting agency denies an application for an accessory dwelling unit or junior accessory dwelling unit
pursuant to paragraph (1), the permitting agency shall, within the time period described in subparagraph (1),
return 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.
(c) (1) Subject to paragraph (2), a local agency may establish minimum and maximum unit size requirements
for both attached and detached accessory dwelling units.
(2) Notwithstanding paragraph (1), a local agency shall not establish by ordinance any of the following:
(A) A minimum square footage requirement for either an attached or detached accessory dwelling unit that
prohibits an efficiency unit.
(B) A maximum square footage requirement for either an attached or detached accessory dwelling unit that
is less than either of the following:
(i) 850 square feet.
(ii) 1,000 square feet for an accessory dwelling unit that provides more than one bedroom.
(C) Any other minimum or maximum size for an accessory dwelling unit, size based upon a percentage of
the proposed or existing primary dwelling, or limits on lot coverage, floor area ratio, open space, front
setbacks, and minimum lot size, for either attached or detached dwellings that does not permit at least an
800 square foot accessory dwelling unit that is at least 16 feet in height with four-foot side and rear yard
setbacks to be constructed in compliance with all other local development standards.
(d) Notwithstanding any other law, a local agency, whether or not it has adopted an ordinance governing
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dwelling unit in any of the following instances:
(1) The accessory dwelling unit is located within one-half mile walking distance of public transit.
(2) The accessory dwelling unit is located within an architecturally and historically significant historic district.
(3) The accessory dwelling unit is part of the proposed or existing primary residence or an accessory structure.
(4) When onstreet parking permits are required but not offered to the occupant of the accessory dwelling unit.
(5) When there is a car share vehicle located within one block of the accessory dwelling unit.
(e) (1) Notwithstanding subdivisions (a) to (d), inclusive, a local agency shall ministerially approve an application
for a building permit within a residential or mixed-use zone to create any of the following:
(A) One accessory dwelling unit and one junior accessory dwelling unit per lot with a proposed or existing
single-family dwelling if all of the following apply:
(i) The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a single-
family dwelling or existing space of a single-family dwelling or accessory structure and may include an
expansion of not more than 150 square feet beyond the same physical dimensions as the existing
accessory structure. An expansion beyond the physical dimensions of the existing accessory structure
shall be limited to accommodating ingress and egress.
(ii) The space has exterior access from the proposed or existing single-family dwelling.
(iii) The side and rear setbacks are sufficient for fire and safety.
(iv) The junior accessory dwelling unit complies with the requirements of Section 65852.22.
(B) One detached, new construction, accessory dwelling unit that does not exceed four-foot side and rear
yard setbacks for a lot with a proposed or existing single-family dwelling. The accessory dwelling unit may
be combined with a junior accessory dwelling unit described in subparagraph (A). A local agency may
impose the following conditions on the accessory dwelling unit:
(i) A total floor area limitation of not more than 800 square feet.
(ii) A height limitation of 16 feet.
(C) (i) Multiple accessory dwelling units within the portions of existing multifamily dwelling structures that
are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways,
attics, basements, or garages, if each unit complies with state building standards for dwellings.
(ii) A local agency shall allow at least one accessory dwelling unit within an existing multifamily dwelling
and shall allow up to 25 percent of the existing multifamily dwelling units.
(D) Not more than two accessory dwelling units that are located on a lot that has an existing multifamily
dwelling, but are detached from that multifamily dwelling and are subject to a height limit of 16 feet and
four-foot rear yard and side setbacks.
(2) A local agency shall not require, as a condition for ministerial approval of a permit application for the
creation of an accessory dwelling unit or a junior accessory dwelling unit, the correction of nonconforming
zoning conditions.
(3) The installation of fire sprinklers shall not be required in an accessory dwelling unit if sprinklers are not
required for the primary residence.
(4) A local agency may require owner-occupancy for either the primary dwelling or the accessory dwelling unit
on a single-family lot, subject to the requirements of paragraph (8) of subdivision (a).
(5) A local agency shall require that a rental of the accessory dwelling unit created pursuant to this subdivision
be for a term longer than 30 days.
(6) A local agency may require, as part of the application for a permit to create an accessory dwelling unit
connected to an onsite wastewater treatment system, a percolation test completed within the last five years,
or, if the percolation test has been recertified, within the last 10 years.
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(7) Notwithstanding subdivision (c) and paragraph (1) a local agency that has adopted an ordinance by July 1,
2018, providing for the approval of accessory dwelling units in multifamily dwelling structures shall18
ministerially consider a permit application to construct an accessory dwelling unit that is described in
paragraph (1), and may impose standards including, but not limited to, design, development, and historic
standards on said accessory dwelling units. These standards shall not include requirements on minimum lot
size.
(f) (1) Fees charged for the construction of accessory dwelling units shall be determined in accordance with
Chapter 5 (commencing with Section 66000) and Chapter 7 (commencing with Section 66012).
(2) An accessory dwelling unit shall not be considered by a local agency, special district, or water corporation
to be a new residential use for purposes of calculating connection fees or capacity charges for utilities,
including water and sewer service, unless the accessory dwelling unit was constructed with a new single-family
dwelling.
(3) (A) A local agency, special district, or water corporation shall not impose any impact fee upon the
development of an accessory dwelling unit less than 750 square feet. Any impact fees charged for an accessory
dwelling unit of 750 square feet or more shall be charged proportionately in relation to the square footage of
the primary dwelling unit.
(B) For purposes of this paragraph, “impact fee” has the same meaning as the term “fee” is defined in
subdivision (b) of Section 66000, except that it also includes fees specified in Section 66477. “Impact fee”
does not include any connection fee or capacity charge charged by a local agency, special district, or water
corporation.
(4) For an accessory dwelling unit described in subparagraph (A) of paragraph (1) of subdivision (e), a local
agency, special district, or water corporation shall not require the applicant to install a new or separate utility
connection directly between the accessory dwelling unit and the utility or impose a related connection fee or
capacity charge, unless the accessory dwelling unit was constructed with a new single-family dwelling.
(5) For an accessory dwelling unit that is not described in subparagraph (A) of paragraph (1) of subdivision
(e), a local agency, special district, or water corporation may require a new or separate utility connection
directly between the accessory dwelling unit and the utility. Consistent with Section 66013, the connection may
be subject to a connection fee or capacity charge that shall be proportionate to the burden of the proposed
accessory dwelling unit, based upon either its square feet or the number of its drainage fixture unit (DFU)
values, as defined in the Uniform Plumbing Code adopted and published by the International Association of
Plumbing and Mechanical Officials, upon the water or sewer system. This fee or charge shall not exceed the
reasonable cost of providing this service.
(g) This section shall supersede a conflicting local ordinance. This section does not limit the authority of local
agencies to adopt less restrictive requirements for the creation of an accessory dwelling unit.
(h) (1) A local agency shall submit a copy of the ordinance adopted pursuant to subdivision (a) to the
Department of Housing and Community Development within 60 days after adoption. After adoption of an
ordinance, the department may submit written findings to the local agency as to whether the ordinance complies
with this section.
(2) (A) If the department finds that the local agency’s ordinance does not comply with this section, the
department shall notify the local agency and shall provide the local agency with a reasonable time, no longer
than 30 days, to respond to the findings before taking any other action authorized by this section.
(B) The local agency shall consider the findings made by the department pursuant to subparagraph (A) and
shall do one of the following:
(i) Amend the ordinance to comply with this section.
(ii) Adopt the ordinance without changes. The local agency shall include findings in its resolution
adopting the ordinance that explain the reasons the local agency believes that the ordinance complies
with this section despite the findings of the department.
(3) (A) If the local agency does not amend its ordinance in response to the department’s findings or does not
adopt a resolution with findings explaining the reason the ordinance complies with this section and addressing
the department’s findings, the department shall notify the local agency and may notify the Attorney General
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(B) Before notifying the Attorney General that the local agency is in violation of state law, the department
may consider whether a local agency adopted an ordinance in compliance with this section between January
1, 2017, and January 1, 2020.
(i) The department may review, adopt, amend, or repeal guidelines to implement uniform standards or criteria
that supplement or clarify the terms, references, and standards set forth in this section. The guidelines adopted
pursuant to this subdivision are not subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of
Division 3 of Title 2.
(j) As used in this section, the following terms mean:
(1) “Accessory dwelling unit” means an attached or a detached residential dwelling unit that provides complete
independent living facilities for one or more persons and is located on a lot with a proposed or existing primary
residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the
same parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also
includes the following:
(A) An efficiency unit.
(B) A manufactured home, as defined in Section 18007 of the Health and Safety Code.18
(2) “Accessory structure” means a structure that is accessory and incidental to a dwelling located on the same
lot.
(3) “Efficiency unit” has the same meaning as defined in Section 17958.1 of the Health and Safety Code.
(4) “Living area” means the interior habitable area of a dwelling unit, including basements and attics, but does
not include a garage or any accessory structure.
(5) “Local agency” means a city, county, or city and county, whether general law or chartered.
(6) “Nonconforming zoning condition” means a physical improvement on a property that does not conform with
current zoning standards.
(7) “Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one
entrance of the accessory dwelling unit.
(8) “Proposed dwelling” means a dwelling that is the subject of a permit application and that meets the
requirements for permitting.
(9) “Public transit” means a location, including, but not limited to, a bus stop or train station, where the public
may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed
routes, and are available to the public.
(10) “Tandem parking” means that two or more automobiles are parked on a driveway or in any other location
on a lot, lined up behind one another.
(11) “Permitting agency” means any entity that is involved in the review of a permit for an accessory dwelling
unit or junior accessory dwelling unit and for which there is no substitute, including, but not limited to,
applicable planning departments, building departments, utilities, and special districts.
(k) A local agency shall not issue a certificate of occupancy for an accessory dwelling unit before the local agency
issues a certificate of occupancy for the primary dwelling.
(l) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application
of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources
Code), except that the local government shall not be required to hold public hearings for coastal development
permit applications for accessory dwelling units.
(m) A local agency may count an accessory dwelling unit for purposes of identifying adequate sites for housing,
as specified in subdivision (a) of Section 65583.1, subject to authorization by the department and compliance
with this division.
(n) In enforcing building standards pursuant to Article 1 (commencing with Section 17960) of Chapter 5 of Part
1.5 of Division 13 of the Health and Safety Code for an accessory dwelling unit described in paragraph (1) or (2),
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a local agency, upon request of an owner of an accessory dwelling unit for a delay in enforcement, shall delay
enforcement of a building standard, subject to compliance with Section 17980.12 of the Health and Safety Code:
(1) The accessory dwelling unit was built before January 1, 2020.
(2) The accessory dwelling unit was built on or after January 1, 2020, in a local jurisdiction that, at the time
the accessory dwelling unit was built, had a noncompliant accessory dwelling unit ordinance, but the ordinance
is compliant at the time the request is made.
SEC. 1.5. Section 65852.2 of the Government Code, as amended by Section 1 of Chapter 343 of the Statutes of
2021, is amended to read:
65852.2. (a) (1) A local agency may, by ordinance, provide for the creation of accessory dwelling units in areas
zoned to allow single-family or multifamily dwelling residential use. The ordinance shall do all of the following:
(A) Designate areas within the jurisdiction of the local agency where accessory dwelling units may be
permitted. The designation of areas may be based on the adequacy of water and sewer services and the
impact of accessory dwelling units on traffic flow and public safety. A local agency that does not provide
water or sewer services shall consult with the local water or sewer service provider regarding the adequacy
of water and sewer services before designating an area where accessory dwelling units may be permitted.
(B) (i) Impose objective standards on accessory dwelling units that include, but are not limited to, parking,
height, setback, landscape, architectural review, maximum size of a unit, and standards that prevent
adverse impacts on any real property that is listed in the California Register of Historical Resources. These
standards shall not include requirements on minimum lot size.
(ii) Notwithstanding clause (i), a local agency may reduce or eliminate parking requirements for any
accessory dwelling unit located within its jurisdiction.
(C) Provide that accessory dwelling units do not exceed the allowable density for the lot upon which the
accessory dwelling unit is located, and that accessory dwelling units are a residential use that is consistent
with the existing general plan and zoning designation for the lot.
(D) Require the accessory dwelling units to comply with all of the following:
(i) Except as provided in Section 65852.26, the accessory dwelling unit may be rented separate from the
primary residence, but may not be sold or otherwise conveyed separate from the primary residence.
(ii) The lot is zoned to allow single-family or multifamily dwelling residential use and includes a proposed
or existing dwelling.
(iii) The accessory dwelling unit is either attached to, or located within, the proposed or existing primary
dwelling, including attached garages, storage areas or similar uses, or an accessory structure or
detached from the proposed or existing primary dwelling and located on the same lot as the proposed or
existing primary dwelling, including detached garages.
(iv) If there is an existing primary dwelling, the total floor area of an attached accessory dwelling unit
shall not exceed 50 percent of the existing primary dwelling.
(v) The total floor area for a detached accessory dwelling unit shall not exceed 1,200 square feet.
(vi) No passageway shall be required in conjunction with the construction of an accessory dwelling unit.
(vii) No setback shall be required for an existing living area or accessory structure or a structure
constructed in the same location and to the same dimensions as an existing structure that is converted
to an accessory dwelling unit or to a portion of an accessory dwelling unit, and a setback of no more than
four feet from the side and rear lot lines shall be required for an accessory dwelling unit that is not
converted from an existing structure or a new structure constructed in the same location and to the
same dimensions as an existing structure.
(viii) Local building code requirements that apply to detached dwellings, except that the construction of
an accessory dwelling unit shall not constitute a Group R occupancy change under the local building
code, as described in Section 310 of the California Building Code (Title 24 of the California Code of
Regulations), unless the building official or enforcement agency of the local agency makes a writtenMarch 15, 2023 Item #1 Page 56 of 103
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finding based on substantial evidence in the record that the construction of the accessory dwelling unit
could have a specific, adverse impact on public health and safety. Nothing in this clause shall be
interpreted to prevent a local agency from changing the occupancy code of a space that was unhabitable
space or was only permitted for nonresidential use and was subsequently converted for residential use
pursuant to this section.
(ix) Approval by the local health officer where a private sewage disposal system is being used, if
required.
(x) (I) Parking requirements for accessory dwelling units shall not exceed one parking space per
accessory dwelling unit or per bedroom, whichever is less. These spaces may be provided as tandem
parking on a driveway.
(II) Off street parking shall be permitted in setback areas in locations determined by the local agency
or through tandem parking, unless specific findings are made that parking in setback areas or tandem
parking is not feasible based upon specific site or regional topographical or fire and life safety
conditions.
(III) This clause shall not apply to an accessory dwelling unit that is described in subdivision (d).
(xi) When a garage, carport, or covered parking structure is demolished in conjunction with the
construction of an accessory dwelling unit or converted to an accessory dwelling unit, the local agency
shall not require that those offstreet parking spaces be replaced.
(xii) Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for
the primary residence. The construction of an accessory dwelling unit shall not trigger a requirement for
fire sprinklers to be installed in the existing primary dwelling.
(2) The ordinance shall not be considered in the application of any local ordinance, policy, or program to limit
residential growth.
(3) (A) A permit application for an accessory dwelling unit or a junior accessory dwelling unit shall be
considered and approved ministerially without discretionary review or a hearing, notwithstanding Section
65901 or 65906 or any local ordinance regulating the issuance of variances or special use permits. The
permitting agency shall either approve or deny the application to create or serve an accessory dwelling unit or
a junior accessory dwelling unit within 60 days from the date the permitting agency receives a completed
application if there is an existing single-family or multifamily dwelling on the lot. If the permit application to
create or serve an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit
application to create a new single-family or multifamily dwelling on the lot, the permitting agency may delay
approving or denying the permit application for the accessory dwelling unit or the junior accessory dwelling
unit until the permitting agency approves or denies the permit application to create the new single-family or
multifamily dwelling, but the application to create or serve the accessory dwelling unit or junior accessory
dwelling unit shall be considered without discretionary review or hearing. If the applicant requests a delay, the
60-day time period shall be tolled for the period of the delay. If the local agency has not approved or denied
the completed application within 60 days, the application shall be deemed approved. A local agency may
charge a fee to reimburse it for costs incurred to implement this paragraph, including the costs of adopting or
amending any ordinance that provides for the creation of an accessory dwelling unit.
(B) If a permitting agency denies an application for an accessory dwelling unit or junior accessory dwelling
unit pursuant to subparagraph (A), the permitting agency shall, within the time period described in
subparagraph (A), return 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.
(4) The ordinance shall require that a demolition permit for a detached garage that is to be replaced with an
accessory dwelling unit be reviewed with the application for the accessory dwelling unit and issued at the same
time.
(5) The ordinance shall not require, and the applicant shall not be otherwise required, to provide written notice
or post a placard for the demolition of a detached garage that is to be replaced with an accessory dwelling
unit, unless the property is located within an architecturally and historically significant historic district.
(6) An existing ordinance governing the creation of an accessory dwelling unit by a local agency or an
accessory dwelling ordinance adopted by a local agency shall provide an approval process that includes onlyMarch 15, 2023 Item #1 Page 57 of 103
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ministerial provisions for the approval of accessory dwelling units and shall not include any discretionary
processes, provisions, or requirements for those units, except as otherwise provided in this subdivision. If a
local agency has an existing accessory dwelling unit ordinance that fails to meet the requirements of this
subdivision, that ordinance shall be null and void and that agency shall thereafter apply the standards
established in this subdivision for the approval of accessory dwelling units, unless and until the agency adopts
an ordinance that complies with this section.
(7) No other local ordinance, policy, or regulation shall be the basis for the delay or denial of a building permit
or a use permit under this subdivision.
(8) (A) This subdivision establishes the maximum standards that local agencies shall use to evaluate a
proposed accessory dwelling unit on a lot that includes a proposed or existing single-family dwelling. No
additional standards, other than those provided in this subdivision, shall be used or imposed, except that,
subject to subparagraphs (B) and (C), a local agency may require an applicant for a permit issued pursuant to
this subdivision to be an owner-occupant.
(B) (i) Notwithstanding subparagraph (A), a local agency shall not impose an owner-occupant requirement
on an accessory dwelling unit before January 1, 2025.
(ii) Notwithstanding subparagraph (A), a local agency shall not impose an owner-occupant requirement
on an accessory dwelling unit that was permitted between January 1, 2020, and January 1, 2025.
(C) Notwithstanding subparagraphs (A) and (B), a local agency may require that an accessory dwelling unit
be used for rentals of terms longer than 30 days.
(9) A local agency may amend its zoning ordinance or general plan to incorporate the policies, procedures, or
other provisions applicable to the creation of an accessory dwelling unit if these provisions are consistent with
the limitations of this subdivision.
(10) An accessory dwelling unit that conforms to this subdivision shall be deemed to be an accessory use or an
accessory building and shall not be considered to exceed the allowable density for the lot upon which it is
located, and shall be deemed to be a residential use that is consistent with the existing general plan and
zoning designations for the lot. The accessory dwelling unit shall not be considered in the application of any
local ordinance, policy, or program to limit residential growth.
(b) (1) When a local agency that has not adopted an ordinance governing accessory dwelling units in accordance
with subdivision (a) receives an application for a permit to create or serve an accessory dwelling unit pursuant to
this subdivision, the local agency shall approve or disapprove the application ministerially without discretionary
review pursuant to subdivision (a). The permitting agency shall either approve or deny the application to create
or serve an accessory dwelling unit or a junior accessory dwelling unit within 60 days from the date the
permitting agency receives a completed application if there is an existing single-family or multifamily dwelling on
the lot. If the permit application to create or serve an accessory dwelling unit or a junior accessory dwelling unit
is submitted with a permit application to create or serve a new single-family or multi-family dwelling on the lot,
the permitting agency may delay approving or denying the permit application for the accessory dwelling unit or
the junior accessory dwelling unit until the permitting agency approves or denies the permit application to create
or serve the new single-family or multifamily dwelling, but the application to create or serve the accessory
dwelling unit or junior accessory dwelling unit shall still be considered ministerially without discretionary review
or a hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay.
If the local agency has not approved or denied the completed application within 60 days, the application shall be
deemed approved.
(2) If a permitting agency denies an application for an accessory dwelling unit or junior accessory dwelling unit
pursuant to paragraph (1), the permitting agency shall, within the time period described in subparagraph (1),
return 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.
(c) (1) Subject to paragraph (2), a local agency may establish minimum and maximum unit size requirements
for both attached and detached accessory dwelling units.
(2) Notwithstanding paragraph (1), a local agency shall not establish by ordinance any of the following:
(A) A minimum square footage requirement for either an attached or detached accessory dwelling unit that
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(B) A maximum square footage requirement for either an attached or detached accessory dwelling unit that
is less than either of the following:
(i) 850 square feet.
(ii) 1,000 square feet for an accessory dwelling unit that provides more than one bedroom.
(C) Any requirement for a zoning clearance or separate zoning review or any other minimum or maximum
size for an accessory dwelling unit, size based upon a percentage of the proposed or existing primary
dwelling, or limits on lot coverage, floor area ratio, open space, front setbacks, and minimum lot size, for
either attached or detached dwellings that does not permit at least an 800 square foot accessory dwelling
unit with four-foot side and rear yard setbacks to be constructed in compliance with all other local
development standards.
(D) Any height limitation that does not allow at least the following, as applicable:
(i) A height of 16 feet for a detached accessory dwelling unit on a lot with an existing or proposed single
family or multifamily dwelling unit.
(ii) A height of 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed single18
family or multifamily dwelling unit that is within one-half of one mile walking distance of a major transit
stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the Public
Resources Code. A local agency shall also allow an additional two feet in height to accommodate a roof
pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit.
(iii) A height of 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed18
multifamily, multistory dwelling.
(iv) A height of 25 feet or the height limitation in the local zoning ordinance that applies to the primary
dwelling, whichever is lower, for an accessory dwelling unit that is attached to a primary dwelling. This
clause shall not require a local agency to allow an accessory dwelling unit to exceed two stories.
(d) Notwithstanding any other law, and whether or not the local agency has adopted an ordinance governing
accessory dwelling units in accordance with subdivision (a), all of the following shall apply:
(1) The local agency shall not impose any parking standards for an accessory dwelling unit in any of the
following instances:
(A) Where the accessory dwelling unit is located within one-half mile walking distance of public transit.
(B) Where the accessory dwelling unit is located within an architecturally and historically significant historic
district.
(C) Where the accessory dwelling unit is part of the proposed or existing primary residence or an accessory
structure.
(D) When onstreet parking permits are required but not offered to the occupant of the accessory dwelling
unit.
(E) When there is a car share vehicle located within one block of the accessory dwelling unit.
(F) When a permit application for an accessory dwelling unit is submitted with a permit application to create
a new single-family dwelling or a new multifamily dwelling on the same lot, provided that the accessory
dwelling unit or the parcel satisfies any other criteria listed in this paragraph.
(2) The local agency shall not deny an application for a permit to create an accessory dwelling unit 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 accessory dwelling
unit.
(e) (1) Notwithstanding subdivisions (a) to (d), inclusive, a local agency shall ministerially approve an application
for a building permit within a residential or mixed-use zone to create any of the following:
(A) One accessory dwelling unit and one junior accessory dwelling unit per lot with a proposed or existing
single-family dwelling if all of the following apply:
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(i) The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a single-
family dwelling or existing space of a single-family dwelling or accessory structure and may include an
expansion of not more than 150 square feet beyond the same physical dimensions as the existing
accessory structure. An expansion beyond the physical dimensions of the existing accessory structure
shall be limited to accommodating ingress and egress.
(ii) The space has exterior access from the proposed or existing single-family dwelling.
(iii) The side and rear setbacks are sufficient for fire and safety.
(iv) The junior accessory dwelling unit complies with the requirements of Section 65852.22.
(B) One detached, new construction, accessory dwelling unit that does not exceed four-foot side and rear
yard setbacks for a lot with a proposed or existing single-family dwelling. The accessory dwelling unit may
be combined with a junior accessory dwelling unit described in subparagraph (A). A local agency may
impose the following conditions on the accessory dwelling unit:
(i) A total floor area limitation of not more than 800 square feet.
(ii) A height limitation as provided in clause (i), (ii), or (iii) as applicable, of subparagraph (D) of
paragraph (2) of subdivision (c).
(C) (i) Multiple accessory dwelling units within the portions of existing multifamily dwelling structures that
are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways,
attics, basements, or garages, if each unit complies with state building standards for dwellings.
(ii) A local agency shall allow at least one accessory dwelling unit within an existing multifamily dwelling
and shall allow up to 25 percent of the existing multifamily dwelling units.
(D) (i) Not more than two accessory dwelling units that are located on a lot that has an existing or proposed
multifamily dwelling, but are detached from that multifamily dwelling and are subject to a height limitation
in clause (i), (ii), or (iii), as applicable, of subparagraph (D) of paragraph (2) of subdivision (c) and rear
yard and side setbacks of no more than four feet.
(ii) If the existing multifamily dwelling has a rear or side setback of less than four feet, the local agency
shall not require any modification of the existing multifamily dwelling as a condition of approving the
application to construct an accessory dwelling unit that satisfies the requirements of this subparagraph.
(2) A local agency shall not require, as a condition for ministerial approval of a permit application for the
creation of an accessory dwelling unit or a junior accessory dwelling unit, the correction of nonconforming
zoning conditions.
(3) The installation of fire sprinklers shall not be required in an accessory dwelling unit if sprinklers are not
required for the primary residence. The construction of an accessory dwelling unit shall not trigger a
requirement for fire sprinklers to be installed in the existing multifamily dwelling.
(4) A local agency may require owner-occupancy for either the primary dwelling or the accessory dwelling unit
on a single-family lot, subject to the requirements of paragraph (8) of subdivision (a).
(5) A local agency shall require that a rental of the accessory dwelling unit created pursuant to this subdivision
be for a term longer than 30 days.
(6) A local agency may require, as part of the application for a permit to create an accessory dwelling unit
connected to an onsite wastewater treatment system, a percolation test completed within the last five years,
or, if the percolation test has been recertified, within the last 10 years.
(7) Notwithstanding subdivision (c) and paragraph (1) a local agency that has adopted an ordinance by July 1,
2018, providing for the approval of accessory dwelling units in multifamily dwelling structures shall18
ministerially consider a permit application to construct an accessory dwelling unit that is described in
paragraph (1), and may impose objective standards including, but not limited to, design, development, and
historic standards on said accessory dwelling units. These standards shall not include requirements on
minimum lot size.
(f) (1) Fees charged for the construction of accessory dwelling units shall be determined in accordance with
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(2) An accessory dwelling unit shall not be considered by a local agency, special district, or water corporation
to be a new residential use for purposes of calculating connection fees or capacity charges for utilities,
including water and sewer service, unless the accessory dwelling unit was constructed with a new single-family
dwelling.
(3) (A) A local agency, special district, or water corporation shall not impose any impact fee upon the
development of an accessory dwelling unit less than 750 square feet. Any impact fees charged for an accessory
dwelling unit of 750 square feet or more shall be charged proportionately in relation to the square footage of
the primary dwelling unit.
(B) For purposes of this paragraph, “impact fee” has the same meaning as the term “fee” is defined in
subdivision (b) of Section 66000, except that it also includes fees specified in Section 66477. “Impact fee”
does not include any connection fee or capacity charge charged by a local agency, special district, or water
corporation.
(4) For an accessory dwelling unit described in subparagraph (A) of paragraph (1) of subdivision (e), a local
agency, special district, or water corporation shall not require the applicant to install a new or separate utility
connection directly between the accessory dwelling unit and the utility or impose a related connection fee or
capacity charge, unless the accessory dwelling unit was constructed with a new single-family dwelling.
(5) For an accessory dwelling unit that is not described in subparagraph (A) of paragraph (1) of subdivision
(e), a local agency, special district, or water corporation may require a new or separate utility connection
directly between the accessory dwelling unit and the utility. Consistent with Section 66013, the connection may
be subject to a connection fee or capacity charge that shall be proportionate to the burden of the proposed
accessory dwelling unit, based upon either its square feet or the number of its drainage fixture unit (DFU)
values, as defined in the Uniform Plumbing Code adopted and published by the International Association of
Plumbing and Mechanical Officials, upon the water or sewer system. This fee or charge shall not exceed the
reasonable cost of providing this service.
(g) This section shall supersede a conflicting local ordinance. This section does not limit the authority of local
agencies to adopt less restrictive requirements for the creation of an accessory dwelling unit.
(h) (1) A local agency shall submit a copy of the ordinance adopted pursuant to subdivision (a) to the
Department of Housing and Community Development within 60 days after adoption. After adoption of an
ordinance, the department may submit written findings to the local agency as to whether the ordinance complies
with this section.
(2) (A) If the department finds that the local agency’s ordinance does not comply with this section, the
department shall notify the local agency and shall provide the local agency with a reasonable time, no longer
than 30 days, to respond to the findings before taking any other action authorized by this section.
(B) The local agency shall consider the findings made by the department pursuant to subparagraph (A) and
shall do one of the following:
(i) Amend the ordinance to comply with this section.
(ii) Adopt the ordinance without changes. The local agency shall include findings in its resolution
adopting the ordinance that explain the reasons the local agency believes that the ordinance complies
with this section despite the findings of the department.
(3) (A) If the local agency does not amend its ordinance in response to the department’s findings or does not
adopt a resolution with findings explaining the reason the ordinance complies with this section and addressing
the department’s findings, the department shall notify the local agency and may notify the Attorney General
that the local agency is in violation of state law.
(B) Before notifying the Attorney General that the local agency is in violation of state law, the department
may consider whether a local agency adopted an ordinance in compliance with this section between January
1, 2017, and January 1, 2020.
(i) The department may review, adopt, amend, or repeal guidelines to implement uniform standards or criteria
that supplement or clarify the terms, references, and standards set forth in this section. The guidelines adopted
pursuant to this subdivision are not subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of
Division 3 of Title 2.
March 15, 2023 Item #1 Page 61 of 103
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https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220AB2221 14/15
(j) As used in this section, the following terms mean:
(1) “Accessory dwelling unit” means an attached or a detached residential dwelling unit that provides complete
independent living facilities for one or more persons and is located on a lot with a proposed or existing primary
residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the
same parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also
includes the following:
(A) An efficiency unit.
(B) A manufactured home, as defined in Section 18007 of the Health and Safety Code.18
(2) “Accessory structure” means a structure that is accessory and incidental to a dwelling located on the same
lot.
(3) “Efficiency unit” has the same meaning as defined in Section 17958.1 of the Health and Safety Code.
(4) “Living area” means the interior habitable area of a dwelling unit, including basements and attics, but does
not include a garage or any accessory structure.
(5) “Local agency” means a city, county, or city and county, whether general law or chartered.
(6) “Nonconforming zoning condition” means a physical improvement on a property that does not conform with
current zoning standards.
(7) “Objective standards” means standards that involve no personal or subjective judgment by a public official
and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and
knowable by both the development applicant or proponent and the public official prior to submittal.
(8) “Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one
entrance of the accessory dwelling unit.
(9) “Permitting agency” means any entity that is involved in the review of a permit for an accessory dwelling
unit or junior accessory dwelling unit and for which there is no substitute, including, but not limited to,
applicable planning departments, building departments, utilities, and special districts.
(10) “Proposed dwelling” means a dwelling that is the subject of a permit application and that meets the
requirements for permitting.
(11) “Public transit” means a location, including, but not limited to, a bus stop or train station, where the
public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed
routes, and are available to the public.
(12) “Tandem parking” means that two or more automobiles are parked on a driveway or in any other location
on a lot, lined up behind one another.
(k) A local agency shall not issue a certificate of occupancy for an accessory dwelling unit before the local agency
issues a certificate of occupancy for the primary dwelling.
(l) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application
of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources
Code), except that the local government shall not be required to hold public hearings for coastal development
permit applications for accessory dwelling units.
(m) A local agency may count an accessory dwelling unit for purposes of identifying adequate sites for housing,
as specified in subdivision (a) of Section 65583.1, subject to authorization by the department and compliance
with this division.
(n) In enforcing building standards pursuant to Article 1 (commencing with Section 17960) of Chapter 5 of Part
1.5 of Division 13 of the Health and Safety Code for an accessory dwelling unit described in paragraph (1) or (2),
a local agency, upon request of an owner of an accessory dwelling unit for a delay in enforcement, shall delay
enforcement of a building standard, subject to compliance with Section 17980.12 of the Health and Safety Code:
(1) The accessory dwelling unit was built before January 1, 2020.
March 15, 2023 Item #1 Page 62 of 103
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(2) The accessory dwelling unit was built on or after January 1, 2020, in a local jurisdiction that, at the time
the accessory dwelling unit was built, had a noncompliant accessory dwelling unit ordinance, but the ordinance
is compliant at the time the request is made.
SEC. 2. Section 65852.2 of the Government Code, as amended by Section 2 of Chapter 343 of the Statutes of
2021, is repealed.
SEC. 3. Section 1.5 of this bill incorporates amendments to Section 65852.2 of the Government Code proposed
by both this bill and Senate Bill 897. That section of this bill shall only become operative if (1) both bills are
enacted and become effective on or before January 1, 2023, (2) each bill amends Section 65852.2 of the
Government Code, and (3) this bill is enacted after Senate Bill 897, in which case Section 1 of this bill shall not
become operative.
SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California
Constitution because a local agency or school district has the authority to levy service charges, fees, or
assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of
Section 17556 of the Government Code.
March 15, 2023 Item #1 Page 63 of 103
Accessory Dwelling Units
Over the past decade, the state legislature has made
several modifications to Gov. Code §65852.2,
progressively making it easier and less expensive for
property owners to build accessory dwelling units,
often called ADUs.
IB‐111
Documents Referenced
State law; §65852.2 & §65852.150
HCD; ADU Handbook
HCD; ADU Website
This Info‐Bulletin outlines the city’s development
requirements for new ADU construction that is
consistent with state law, as of January 2023.
Considering the constantly evolving laws affecting
ADUs, the CA Department of Housing and Community
Development (HCD) publishes a useful ADU Handbook
that provides information on the most recent and
relevant changes to ADU laws. HCD’s resource guide
should be used as a supplement to this Info‐Bulletin.
BACKGROUND
The state faces a serious housing problem that not only
threatens its economic security, also the lack of access
to affordable housing can have a direct impact upon
the health, safety, diversity, and welfare of Carlsbad
residents.
To retain a healthy livable environment and meet state
mandated housing goals, more needs to be done to
accommodate locally available and affordable housing
stock. This will require implementing multiple housing
programs to meet housing demands.
Pursuant to Govt. Code §65852.150, the state
legislature found and declared that ADUs are an
essential component of the state’s housing supply and
provide an alternative option to traditional market‐rate
home construction. ADUs can be integrated into
existing or proposed homes in a variety of ways,
including converting a portion of an existing house,
Health & Safety Code; §18010 & §18009.3
Carlsbad Municipal Code; §21.10.030
Building Permit Submittal Requirements; B‐5
California Coastal Zone; Map
ADU Parking Replacement Areas; Map
Carlsbad Village & Poinsettia Station
One‐Half Mile Radius; Maps
Minor Coastal Development Permit; P‐6
Assembly Bill 2221 Accessory Dwelling Units; AB 2221
adding to the existing house, converting an existing
garage, storage area, studio or other accessory
building, or constructing a new detached structure.
Development of ADUs offer many benefits, a few of
which are reflected below.
Low Cost to Build
ADUs require no public subsidy and cost anywhere
from $10,000 for a simple bedroom conversion to
$300,000 for a higher‐end companion unit.
Provides Income to Homeowners
ADUs help create a new income stream for property
owners, which can help supplement mortgage costs on
the main home.
Environmentally Friendly
ADUs have a low‐carbon footprint, using less water,
electricity, and construction materials. A detached ADU
can save 26,000 pounds of CO2 emissions a year
compared to a single‐family dwelling.
Flexibility for Changing Households
The makeup of today’s household is rapidly changing.
Many families are now made up of single/aging parents
or extended families who do not require large living
spaces. ADUs are often better suited to meet the living
space demands associated with this new shift in family
structure.
Community Development Department | 1635 Faraday Ave. | Carlsbad, CA 92008 | www.carlsbadca.gov
Exhibit 4
March 15, 2023 Item #1 Page 64 of 103
{city of
Carlsbad
Informational Bulletin
IB‐111_Accessory Dwelling Units (Revised: 2/23) Page 2 of 6
TYPES OF ACCESSORY STRUCTURES
Development requirements for an ADU will vary
depending upon where the unit is constructed on the
property. More information about this is covered under
the General Development Standards section of this Info‐
Bulletin. Before reviewing the standards, it is important to
understand that not all accessory structures are
considered ADUs and some structures must meet specific
and unique standards to qualify as an ADU.
Development requirements for an ADU will vary
depending upon where the unit is constructed on the
property. More information about this is covered under
the General Development Standards section of this
Info‐Bulletin. But before moving on to the
Accessory Dwelling Unit
ADUs have many different names ‐‐‐ granny flats, in‐ law
units, backyard cottages, and secondary units just to name
a few. Despite the name, an ADU is a residential dwelling
unit that provides complete independent living facilities
for one or more people. An ADU includes permanent
provisions for living, sleeping, eating, cooking and
sanitation. An ADU may be attached to or detached from
the primary dwelling, integrated into existing or a
proposed single‐family home or multi‐family residences,
or created by converting existing space such as a garage.
Junior Accessory Dwelling Unit
A Junior Accessory
Dwelling Unit (JADU) is
an ADU, but smaller in
size with unique
development
standards; the most
significant being that
JADUs must be located
within the main single‐
family home with a separate entrance. An efficiency cooking
area is required to be provided within the unit. It may
include independent sanitation within the unit or shared
facilities with the existing residence. No additional parking is
required for a JADU.
Guest Houses
A guest house is a
type of accessory
structure for the sole
use of people
employed on the
property or
temporarily used by
guests of the primary
residence. Essentially, a guest house acts as an extra
bedroom to the main home. As such, a guest house
cannot include a kitchen or wet bar and cannot be rented
or used as a separate dwelling unit
Park Model Trailers
Park model
trailers,
sometimes
referred to as
“tiny homes,”
have been
marketed as an
inexpensive
alternative to
conventional ADU construction. Park model trailers are
not designed for long‐term habitation. CA Health &
Safety Code §18010 & §18009.3 define park model
trailers as recreational vehicles. While they may look
more like a manufactured home and less like an RV, park
model trailers are not certified by HCD as meeting the
minimum health and safety standards for permanent
housing. However, the manufactured homes that you
often find in a “mobile home park” are state HCD
certified and can be used as an ADU.
GENERAL DEVELOPMENT STANDARDS
Per state law, permitting an ADU is limited to an
administrative approval process ‐‐‐ no discretionary
review, CEQA environmental analysis, or public hearings ‐
‐‐ the city can only apply clearly defined objective
development standards (e.g., parking setback, size,
height, landscaping). However, the applicable
development standards that get applied to an ADU varies
depending upon the type and location of the ADU
proposed. This makes implementing state ADU law,
challenging.
March 15, 2023 Item #1 Page 65 of 103
IB‐111_Accessory Dwelling Units (Revised: 2/23) Page 3 of 6
The following sections have been created to help
applicants navigate ADU development standards.
Development Standards for ADUs
Development Standards for JADUs
Development Standards for Certain ADU Types
o Multi‐family & Two‐family Dwelling ADUs
o Mandatory‐ADUs
Development Standards for ADUs
The following development standards apply to all
ADUs, whether attached or detached.
One attached or one detached ADU is allowed on a
single‐family lot; not both. Notwithstanding, an
ADU and a JADU can both be on the same property.
The property must have an existing main
residence; or the ADU must be constructed
concurrently with the main residence.
ADUs shall comply with the construction
standards of the California Residential Code for
“Efficiency Dwelling Units.” Key building
construction standards worth noting.
o ADUs must have a separate entrance from the
main residence. An internal connection for
attached ADUs is optional.
o ADUs must contain complete independent living
facilities, including a permanent kitchen and
areas for living and sleeping.
o New detached ADUs shall include the
installation of a solar photovoltaic system unless
an existing onsite system has the capacity to
provide for the ADU.
o Fire sprinklers are not required for an ADU
unless fire sprinklers were required when the primary
home was constructed.
ADUs shall comply with all applicable zoning code
standards, with the following exceptions.
o Detached ADUs that are ˃800 square feet in
size or attached ADUs that are ˃800 square feet
in size and ˃16 feet in height are subject to
maximum lot coverage requirements. No ADU
is subject to minimum lot size requirements.
o Adequate water and sewer services shall be
readily available; Upgrades to existing services
may not be required.
o Size requirements
Attached ADUs shall not exceed 50% of the
total floor area of the existing main
residence, or 1,200 square feet in size,
whichever is less. This will not preclude a
single‐family residential lot from building an
800 sq. ft. ADU.
Detached ADUs are allowed up to 1,200
square feet in size depending on lot
coverage allowances.
o Height requirements
Detached ADUs are limited to maximum 16
feet in height, unless located:
‐ Above or below a detached garage then
the 2nd story detached ADU must
conform with the applicable height limit
of the zone but not to exceed two
stories including the garage.
‐ On a lot with an existing or proposed
two‐family, multi‐family, multistory
dwelling then the ADU shall be allowed
a height up to 18 feet.
‐ On a lot with an existing or proposed
single family, two‐family or multi‐family
dwelling unit that is within one‐half mile
walking distance of a major transit stop
(Carlsbad Village Station or Poinsettia
Station), then a height of 18 feet is
allowed. An additional two feet in height
(max. 20 ft.) is allowed to accommodate
the ADU roof pitch to align with the roof
pitch of the primary dwelling (see
stations one‐half mile radius maps). March 15, 2023 Item #1 Page 66 of 103
IB‐111_Accessory Dwelling Units (Revised: 2/23) Page 4 of 6
Attached 1‐ or 2‐ story ADUs are
allowed up to 25 feet, or subject to
the limits specified under the
applicable zone but not to exceed
two stories.
o Setback requirements
Attached and detached ADUs shall
maintain a minimum four‐foot setback
from rear and side‐yard property line.
Front yard setback and required building
separation requirements are per applicable
zoning standards and building code
standards, respectively.
Detached ADUs greater than 800 square feet
shall maintain a 10‐foot separation from
main residence
Existing setbacks can be maintained for an
existing non‐conforming detached garage or
existing accessory structure that is
converted to an ADU, unless the project is
within the Coastal Zone and non‐conforming
conditions impact to coastal resources
(geologic setback, public view
encroachment, coastal access, or habitat
preserve buffers).
Setbacks for new ADU can conform to those of
a legally demolished structure, provided that
the construction of the proposed ADU is built
in the same location and to the same
dimensions.
In the Coastal Zone, an ADU or JADU that results
from new construction, or expanding or
converting an existing structure, shall be
consistent with the coastal resource, public
access protection and visual resource protection
policies of the Local Coastal Program.
Accessory uses not required for ADUs –
garages, patio covers, decks, etc. – must meet
standard zoning setbacks and cannot observe
four‐foot side and rear‐ yard setbacks.
o Parking requirements
One parking space shall be required, which may
be located within the building setbacks or in an
existing driveway as tandem parking.
A parking space is not required for an ADU if
the property meets any one of the following:
‐ Located within one‐half mile walking
distance of public transit, which includes bus
stops & train stations.
‐ Located within an historic district.
‐ Constructed as part of a proposed or existing
residence or accessory structure.
‐ Located within one block of a dedicated
car share lot.
‐ When on street parking permits are
required but not offered to the
occupant of the accessory dwelling unit
‐ When there is a car share vehicle
located within one block of the
accessory dwelling unit.
Parking spaces do not need to be replaced
when a garage, carport, or covered parking
structure is demolished and/or converted into
an ADU, except for certain locations located
within the Parking Replacement Areas Map.
o Miscellaneous Requirements
Roof decks are not permitted on detached
ADUs
The exterior roofing, trim, walls, windows,
and color palette of the ADU shall
incorporate the same features as the main
dwelling unit.
ADUs shall only be rented for a term of
at least 30 days. ADUs that were issued
a building permit prior to Jan. 1, 2020,
are exempt from this requirement.
Pursuant to Civil Code §4751 (a), private
restrictions such as Conditions, Covenants
and Restrictions (HOA CC&Rs) can no
longer prohibit the construction and
renting of ADUs. See the State’s HCD
guidebook for more information.
March 15, 2023 Item #1 Page 67 of 103
IB‐111_Accessory Dwelling Units (Revised: 2/23) Page 5 of 6
Development Standards for JADUs
The following standards apply to all JADUs.
One JADU is allowed to be constructed within the
walls of a proposed or existing single‐family
residence or attached garage. Additions or
modifications to an existing residence for the
purpose of building a JADU are allowed.
An ADU and a JADU can be constructed on the
same lot when a detached ADU or ADU conversion
is proposed.
The property owner must occupy either the JADU
or the main residence. In cases where both an
ADU and JADU are constructed, the owner must
live in one of the three units.
JADUs shall comply with ALL zoning code
standards applicable to the main residence, with
the following exceptions. The JADU shall be a
maximum of 500 square feet in size.
No parking is required for a JADU
JADUs shall comply with the standards of the
California Residential Code, similar to the main
residence. Key building construction standards
worth noting.
o An efficiency cooking area is required.
o A separate entrance from the main residence is
required.
o An internal connection is optional unless a
restroom is shared with the main residence in
which case an internal connection is required.
o No separate water, sewer or power
connection required.
o Fire sprinklers are not required for an JADU
unless fire sprinklers were required when the
primary home was constructed.
Miscellaneous Requirements
o The exterior roofing, trim, walls, windows, and
color palette of the JADU shall incorporate the
same features as the main dwelling unit.
o JADUs shall only be rented for a term of at
least 30 days. JADUs that were issued a
building permit prior to Jan. 1, 2020 are
exempt from this requirement.
o Pursuant to Civil Code §4751 (a), private
restrictions such as Conditions, Covenants and
Restrictions (HOA CC&Rs) can no longer restrict
or prohibit the construction and renting of
JADUs.
Development Standards for Certain ADU Types
Pursuant to Govt. Code Section 65852.2(e), the state
established four categories of ADUs that are not subject
to any other specified areas of ADU law, most notably
zoning and development standards. However, ADUs
authorized under this code section must still meet the
building code and health and safety requirements.
Because of overlapping similarities, the four categories
have been combined into two ADU types: Multi‐family
ADUs and Mandatory‐ADUs. ADUs meeting the limited
standards described below shall be allowed by right.
Multi‐family ADUs
o Non‐livable space within existing multi‐family
structures may be converted into an ADU.
Examples of areas that can be converted include
storage rooms and garage spaces.
o The maximum number of ADU allowed in a multi‐
family structure is equal to 25% of the number of
existing multi‐family units in the structure.
Fractional units are rounded down. A minimum of
one ADU is allowed.
o Notwithstanding the first two bullets, up to two
detached ADUs are allowed on a lot that has
existing multi‐family units so long as the ADUs
maintain a rear and side yard setback of four feet
and no taller than 16 feet in height.
o HOA authorization is required for ADUs proposed in
multi‐family condominium common areas.
Mandatory‐ADUs
o The maximum size of the mandatory‐ADU can be
no more than 800 square feet.
o The maximum height of the mandatory‐ADU can
be at least 16 feet, or up to 18 feet if located
within‐mile of a major transit stop. An additional
two feet in height (max 20 ft) is allowed to
accommodate the ADU roof pitch to align with
the roof pitch of the primary dwelling. Heights
are determined per city building height
calculation method.
March 15, 2023 Item #1 Page 68 of 103
IB‐111_Accessory Dwelling Units (Revised: 2/23) Page 6 of 6
o An attached mandatory‐ADU can be up to 25 feet
in height, or the maximum height of the zone,
whichever is lower.
o The mandatory‐unit shall have a minimum of
four‐foot side and rear setbacks. The mandatory
ADU can protrude into the front yard setback per
the zone to the extent feasible where there is no
other alternative to allow for construction of the
ADU that complies with all other development
standards.
o Notwithstanding, one mandatory‐ADU and one
JADU are permitted per lot within the existing or
proposed space of a single‐family home, or a
JADU within the walls of the single‐family
residence, or a mandatory‐ADU within an
existing accessory structure is allowed.
PERMIT PROCESSING
STEPS
The section below
provides the required
permit applications and
general processing steps
to secure necessary
approvals for an ADU,
JADU, Multi‐family ADU,
or Mini‐ADU (collectively
referred in this section as “ADUs”). The permit
application submittal must include all required
information for the packet to be accepted and
processed.
Building Permit Application
All ADUs are required to submit a residential
building permit application and required
supporting documentation (Form B‐5).
All ADUs proposed as part of a remodel/new
primary dwelling unit shall follow the permit
process timeline of the permit for the primary
dwelling unit.
The project site may require other types of permit
approvals (apart from the ADU approval), depending
on the existing and proposed site conditions. For
example, if a retaining wall is needed at the side of
the lot, this may require a structural load analysis.
Please check with city staff for further information
prior to submittal.
The city will approve or deny an application within
60 days from the date the application was deemed
complete unless the applicant requests a delay.
Coastal Development Permit Application
The following permitting steps shall apply to processing a
CDP for projects within the Coastal Zone.
All proposed ADUs located within the California
Coastal Zone require a Minor Coastal Development
Permit (MCDP) (Form P‐6).
o Exemption: Attached ADUs and JADUs located
outside of the Coastal Appeal Zone only
require approval of a building permit
application (a MCDP is not required).
A public hearing shall not be required to approve an
ADU. Neighboring property owners will still be
notified of the permit application pursuant to city
code but permit approval will be done
administratively by the City Planner.
The City Planner’s decision can be appealed to the
Coastal Commission.
Permit Application Fees
All applicable plan check and inspection fees apply.
However, no impact fees are charged for
development of an ADU that is less than 750 square
feet. There may be other “non‐impact” fees by
special districts or local agencies (e.g., plan check or
inspection by the other agencies). Please contact
those agencies directly.
Impact fees for an ADU more than 750 square feet
are charged proportionately in relation to the square
footage of the primary dwelling unit. (e.g., if you
have a proposed 1,000 square feet ADU, and you
have an existing 2,000 square foot primary dwelling
unit, you would be charged 50% on an equivalent
basis). For an ADU on a lot with a multi‐family
dwelling, the proportionality shall be based on the
average square footage of the units within that
multi‐family dwelling structure.
A new utility connection may be required, and
connection fees and capacity charges are based
upon either the ADU’s square feet or the number of
its drainage fixture unit values, as defined by the
California Plumbing Code. Utility connections and
fees shall not be required for ADU/JADUs converted
from the existing space of a home, including
expansions of 150sf.
YOUR OPTIONS FOR SERVICE
For projects requiring a building permit, please
contact the Building Division at 442‐339‐2719 or via
email at Building@carlsbadca.gov.
For CDPs, please contact the Planning
Division at 442‐339‐2610 or via email at
Planning@carlsbadca.gov. March 15, 2023 Item #1 Page 69 of 103
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 5
March 15, 2023 Item #1 Page 70 of 103
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, 2022) 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, 2022).
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, 2022) 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:
March 15, 2023 Item #1 Page 71 of 103
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, 2022) 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, 2022) 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, 2022) 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, 2022) 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.
March 15, 2023 Item #1 Page 72 of 103
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, 2022) 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,
2022) and 65852.22 (effective Jan. 1, 2020).
2. When not in conflict with California Government Code Sections 65852.2
(effective Jan. 1, 2022) 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, 2022) 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.
March 15, 2023 Item #1 Page 73 of 103
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, 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.
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.
March 15, 2023 Item #1 Page 74 of 103
b. The obligations and restrictions imposed on the approval of the ADU(s)
per California Government Code Section 65852.2 (effective Jan. 1, 2022)
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.
March 15, 2023 Item #1 Page 75 of 103
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 J.!!!y, 2022, and thereafter
PASSED, APPROVED AND ADOPTED at a Regular Me�ting of the City Council of the City of
Carlsbad on the 19th day of MY, 2022, by the following vote, to wit:
AYES:
NAYS:
Hall, Blackburn, Bhat-Patel, Acosta.
None.
ABSENT: Norby.
APPROVED AS TO FORM AND LEGALITY:
� /t. /.i�,1 tl4-�I f10Alh;},
CELIA A. BREWER, City Attorney �
MATT HALL, Mayor
tJ&
�FAVIOLA MEDINA, City Clerk Services Manager
{SEAL)
March 15, 2023 Item #1 Page 76 of 103
ORDINANCE NO. CS-432
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA ADOPTING AMENDMENTS TO CARLSBAD MUNICIPAL CODE
TITLE 15 (GRADING AND DRAINAGE ORDINANCE) AND TITLE 21 (ZONING
ORDINANCE) TO COMPLETE VARIOUS MISCELLANEOUS CLEANUP
AMENDMENTS TO THE CARLSBAD MUNICIPAL CODE. THE AMENDMENTS
ALSO INCLUDE A LOCAL COASTAL PROGRAM AMENDMENT
CASE NAME:
CASE NO:
2022 ZONING ORDINANCE CLEANUP
MCA2022-0004/ZCA2022-0002/LCPA 2022-0014
WHEREAS the City Planner has prepared amendments to the Carlsbad Municipal Code and Local
Coastal Program (MCA 2022-0004/ZCA 2022-0002/LCPA 2022-0014)) 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 Municipal Code Title 21 (Zoning Ordinance) and Section 15.16 of Title
15 (Grading and Drainage Ordinance) are part of the Carlsbad Local Coastal Program Implementation
Plan, and therefore, amendments to Title 21 and Section 15.16 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 May 20,2022 and ending on July 1, 2022; and
WHEREAS, on June 10, 2022, the Airport land Use Commission reviewed and found that the
proposed amendments are consistent with the adopted McClellan-Palomar Airport Land Use
Compatibility Plan; and
WHEREAS, on June 15, 2022, the Planning Commission held a duly noticed public hearing as
prescribed by law to consider ZCA 2022-0002/LCPA 2022-0014; and
WHEREAS the Planning Commission adopted Planning Commission Resolution No. 7452
recommending to the City Council that ZCA 2022-0002/LCPA 2022-0014 be approved; and
WHEREAS the City Council of the City of Carlsbad held a duly noticed public hearing as
prescribed by law to consider MCA2022-0004/ZCA 2022-0002/LCPA 2022-0014; 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 MCA2022-0004/ZCA 2022-0002/LCPA 2022-0014; and
Exhibit 6
March 15, 2023 Item #1 Page 77 of 103
NOW, THEREFORE, the City Council of the City of Carlsbad, California, ordains as follows:
1.The above recitations are true and correct.
2.The findings of the Planning Commission in Planning Commission Resolution No. 7452
shall also constitute the findings of the City Council.
3.That Section 15.16.060 of the Carlsbad Municipal Code is amended as shown below:
15.16.060 Work exempt from grading permit.
A.A grading permit shall not be required for the following:
1.Cemetery graves.
2.Refuse disposal sites controlled by other regulations.
3.Excavations for wells, tunnels, utilities, or swimming pools/spas.
4.Exploratory excavations under the direction of soil engineers or engineering geologists.
5.Clearing and grubbing of vegetation done for the purpose of routine landscape
maintenance, the removal of dead or diseased trees or shrubs or the removal of
vegetation done upon order of the fire marshal to eliminate a potential fire hazard or
for the abatement of weeds.
6.Clearing and grubbing of vegetation done preparatory to agricultural operations on
land which has been used for agricultural purposes within the previous five years.
7.Grading on a site where the city engineer finds that the following conditions exist:
a.The amount of soil material moved does not exceed 200 cubic yards (excluding
excavation for basements, foundations and footings);
b.No fill material is placed on an existing slope steeper than five units horizontal
to one vertical;
c.No cut or fill material exceeds four feet in vertical depth at its deepest point,
measured from the existing ground surface.
8.Grading in an isolated, self-contained area.
9.Grading associated with stem wall construction.
10.Retaining walls with a maximum height of 6 feet and the soil material moved does not
to exceed 200 cubic yards.
4.That Chapter 21.04 of the Carlsbad Municipal Code is amended by the addition of a new
section as shown below:
21.04.140.6 Employee housing, small.
Pursuant to Cal. Health and Safety Code§ 17008, employee housing, small means any portion of any
housing accommodation, or property upon which a housing accommodation is located, maintained in
connection with any work or place where work is being performed, whether or not rent is involved,
where such housing provides accommodations for six or fewer persons.
5.That Section 21.04.145 of the Carlsbad Municipal Code is amended as shown below:
March 15, 2023 Item #1 Page 78 of 103
21.04.145 Family.
"Family" means one or more persons living together in a dwelling unit, with common access to, and
common use of all living, kitchen, and eating areas within the dwelling unit. Residents and operators
of a residential care facility or employee housing serving six or fewer persons shall be considered a
family for purposes of any zoning regulation relating to residential use of such facilities.
6.That Section 21.04.147 of the Carlsbad Municipal Code is amended as shown below:
21.04.147 Family day care home, large.
"Large family day care home" means a dwelling which provides family day care for seven to fourteen
children, inclusive, including children under the age of ten years who reside at the home as defined
by Section 1596.78 of the California Health and Safety Code and permitted by the licensing agency.
7.That Section 21.04.148 of the Carlsbad Municipal Code is amended as shown below:
21.04.148 Family day care home, small.
"Small family day care home" means a dwelling which provides family day care for eight or fewer
children, including children under the age of ten years who reside at the home as defined in Section
1596. 78 of the California Health and Safety Code and permitted by the licensing agency.
8.That Section 21.04.281 of the Carlsbad Municipal Code is amended as shown below:
21.04.281 Nonconforming residential use.
"Nonconforming residential use" means a residential use which was lawfully established and
maintained, but which exceeds the maximum density range of the underlying general plan land use
designation.
9.That Chapter 21.04 of the Carlsbad Municipal Code is amended by the addition of a new
section as shown below:
21.04.291.1 Personal services.
"Personal Services" means uses that include but are not limited to dry cleaners, beauty and barber
shops, day spas, cosmetic services, nail salons, shoe/garment repair, massage therapy, etc.
10.That Chapter 21.04 of the Carlsbad Municipal Code is amended by the addition of a new
section as shown below:
March 15, 2023 Item #1 Page 79 of 103
21.04.305.5 Small wireless facilities.
Small wireless facilities (SWF), consistent with FCC regulations in 47 C.F.R. §§ 1.6002(1), are wireless
communication facilities that meet each of the following conditions:
A.The facilities-
1.Are mounted on structures 50 feet or less in height including their antennas as defined
in section l.1320(d), or
2.Are mounted on structures no more than 10 percent taller than other adjacent
structures, or
3.Do not extend existing structures on which they are located to a height of more than
50 feet or by more than 10 percent, whichever is greater;
B.Each antenna associated with the deployment, excluding associated antenna equipment (as
defined in the definition of antenna in section 1.1320(d)), is no more than three cubic feet in
volume;
C.All other wireless equipment associated with the structure, including the wireless equipment
associated with the antenna and any pre-existing associated equipment on the structure, is no
more than 28 cubic feet in volume;
D.The facilities do not require antenna structure registration under 47 CFR Part 17;
E.The facilities are not located on Tribal lands, as defined under 36 CFR 800.16(x); and
F.The facilities do not result in human exposure to radiofrequency radiation in excess of the
applicable safety standards specified in section 1.1307(b).
11.The permitted use tables in each of the following sections are amended by the addition
of the new use listing as shown below:
21.08.020 Permitted uses, Table A.
21.09.020 Permitted uses, Table A.
21.10.020 Permitted uses, Table A.
21.12.020 Permitted uses, Table A.
21.16.020 Permitted uses, Table A.
21.18.020 Permitted uses, Table B.
21.20.010 Permitted uses, Table A.
21.22.020 Permitted uses, Table A.
21.24.020 Permitted uses, Table A.
21.37.020 Permitted uses, Table A.
Use
Employee housing (serving six or fewer persons)
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X
March 15, 2023 Item #1 Page 80 of 103
12.That Section 21.10.050 of the Carlsbad Municipal Code is amended as shown below:
21.10.050 Building height.
In the R-1 zone no building shall exceed a height of thirty feet and two stories if a minimum roof pitch
of 3:12 is provided or twenty-four feet and two stories if less than a 3:12 roof pitch is provided for
lots under twenty thousand square feet. Single-family residences on lots with a lot area of twenty
thousand square feet or greater and within a R-1 zone and specifying a -20 or greater area zoning
symbol shall not exceed thirty-five feet and three stories with a minimum roof pitch of 3:12 provided,
or twenty-nine feet and three stories if less than a 3:12 roof pitch is provided.
13.That the following sections of the Carlsbad Municipal Code are amended as shown
below:
21.08.060 Placement of buildings
21.10.080 Placement of buildings
21.12.060 Placement of buildings
21.16.060 Placement of buildings
A.Placement of buildings on any lot shall conform to the following, except as otherwise
permitted for accessory dwelling units (or junior accessory dwelling units where permitted)
pursuant to Section 21.10.030:
1.Interior Lots.
a.No building shall occupy any portion of a required yard;
b.Any building, any portion of which is used for human habitation, shall observe a
distance from any side lot line the equivalent of the required side yard on such
lot and from the rear property line the equivalent of twice the required side
yard on such lot;
c.All accessory structures shall comply with the following development
standards:
i.The lot coverage shall include accessory structures in the lot coverage
calculations for the lot,
ii.When proposed on a lot adjoining native vegetation, accessory
structures within a fire suppression zone must be reviewed and
approved by the fire department,
iii.Buildings shall not exceed one story,
iv.Building height shall not exceed fourteen feet if a minimum roof pitch of
3:12 is provided or ten feet if less than a 3:12 roof pitch is provided;
d.Habitable detached accessory structures shall comply with all requirements of
the zone applicable to placement of a dwelling unit on a lot including setbacks;
e.Detached accessory structures which are not dwelling units and contain no
habitable space, including, but not limited to, garages, workshops, tool sheds,
decks over thirty inches above grade and freestanding patio covers shall
comply with the following additional development standards when located
within a lot's required setback areas:
March 15, 2023 Item #1 Page 81 of 103
i.The maximum allowable building area per structure shall not exceed a
building coverage of four hundred forty square feet,
ii.The following setbacks shall apply: a front yard setback of twenty feet, a
rear yard setback of five feet, a side yard setback of five feet and an
alley setback of five feet,
iii.The maximum plumbing drain size shall be one and one-half inches in
diameter so as to prohibit toilets, showers, bathtubs and other similar
fixtures,
iv.The additional development standards listed above (subsections
(A)(l)(g)(i) through (iii) of this section) shall apply to the entire subject
accessory structure, not just the portion encroaching into a lot's setback
area; and
f.The provisions of this section are applicable notwithstanding the permit
requirements contained in Section 18.04.015.
2.Corner Lots and Reversed Corner Lots.
a.No building shall occupy any portion of a required yard;
b.Any building, any portion of which is used for human habitation, shall observe a
distance from the rear property line the equivalent of twice the required
interior side yard on such lot;
c.All accessory structures shall comply with the following development
standards:
i.The lot coverage shall include accessory structures in the lot coverage
calculations for the lot,
ii.When proposed on a lot adjoining native vegetation, accessory
structures within a fire suppression zone must be reviewed and
approved by the fire department,
iii.Buildings shall not exceed one story,
iv.Building height shall not exceed fourteen feet if a minimum roof pitch of
3:12 is provided or ten feet if less than a 3:12 roof pitch is provided;
d.Habitable detached accessory structures shall comply with all requirements of
the zone applicable to placement of a dwelling unit on a lot including setbacks;
e.Detached accessory structures which are not dwelling units and contain no
habitable space, including, but not limited to, garages, workshops, tool sheds,
decks over thirty inches above grade and freestanding patio covers shall
comply with the following additional development standards when located
within a lot's required setback areas:
i.The maximum allowable building area per structure shall not exceed a
building coverage of four hundred forty square feet,
ii.The following setbacks shall apply: a front yard setback of twenty feet, a
rear yard setback of five feet, a side yard setback of five feet, a street
side yard setback of five feet and an alley setback of five feet,
iii.The maximum plumbing drain size shall be one and one-half inches in
diameter so as to prohibit toilets, showers, bathtubs and other similar
fixtures,
March 15, 2023 Item #1 Page 82 of 103
iv.The additional development standards listed above (subsections
(A)(2)(g)(i) through (iii) of this section) shall apply to the entire subject
accessory structure, not just the portion encroaching into a lot's setback
area; and
f.The provisions of this section are applicable notwithstanding the permit
requirements contained in Section 18.04.015.
14.That Table A of Section 21.18.020 is amended by the addition of a new use listing for
"Personal services ... " as shown below, and by the deletion of the use listing for "Services,
provided directly to consumers ... ":
Use
Personal services (defined: section 21.04.291.1)
Use
15.That Table A of Section 21.26.010 is amended to read as follows:
Accountants
Adult and/or senior daycare and/or recreation facility (private/non-private)
Alcoholic treatment centers
Amusement parks
Arcades-coin-operated (subject to Section 21.42.140(B)(15); defined: Section 21.04.091)
Athletic clubs, gymnasiums, health clubs, and physical conditioning businesses
Attorneys
Banks and other financial institutions without drive-thru facilities
Bakeries
Biological habitat preserve (subject to Section 21.42.140(B)(30); defined:
Section 21.04.048)
Book or stationery stores
Child day care centers, subject to the provisions of Chapter 21.83 of this title
Churches, synagogues, temples, convents, monasteries, and other places of worship
Clubs-nonprofit, business, civic, professional, etc. (defined: Section 21.04.090)
Columbariums, crematories, and mausoleums (not within a cemetery)
Delicatessen (defined: Section 21.04.106)
Doctors, dentists, optometrists, chiropractors and others practicing the healing arts for
human beings, and related uses such as oculists, pharmacies (prescription only),
biochemical laboratories and x-ray laboratories
Dressmaking or millinery shops
Drive-thru facility (not restaurants)
Drugstores
Dry goods or notion stores
Educational facilities, other (defined: Section 21.04.137)
Educational institutions or schools, public/private (defined: Section 21.04.140)
p
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X
X
X
X
X
X
X
X
X
X
X
X
X
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2
3
1
2
2
1
2
1
2
March 15, 2023 Item #1 Page 83 of 103
'
Use p CUP Ace
Engineers, architects and planners X
Fairgrounds 3
Farmworker housing complex, small (subject to Section 21.10.125; defined: 1
Section 21.04.148.4)
Florist shops X
Fortunetellers, as defined in Section 5.50.010 X
Gas stations (subject to Section 21.42.140(8)(65)) 2
Greenhouses> 2,000 square feet (subject to Section 21.42.140(8)(70)) 1
Grocery or fruit stores X
Hardware stores X
Hospitals (defined: Section 21.04.170) 2
Hospitals (mental) (defined: Section 21.04.175) 2
Hotels and motels (subject to Section 21.42.140(8)(80)) 3
Institutions of a philanthropic or eleemosynary nature, except correctional or mental X
Jewelry stores X
Laundries or clothes cleaning agencies X
Liquor store (subject to Section 21.42.140(8)(85); defined: Section 21.04.203) 2
Meat markets X
Mobile buildings (subject to Section 21.42.140(8)(90); defined: Section 21.04.265) 1
Outdoor dining (incidental) (subject to Section 21.26.013; defined: Section 21.04.290.1) X
Packing/sorting sheds> 600 square feet (subject to Section 21.42.140(8)(70)) 1
Paint stores X
Parking facilities (primary use) (i.e., day use, short-term, nonstorage) 1
Pawnshops (subject to Section 21.42.140(8)(105)) 3
Personal services (defined: section 21.04.291.1) X
Pet supply shops X
Pool halls, billiards parlors (subject to Section 21.42.140(8)(110); defined: 2
Section 21.04.292)
Private clubs, fraternities, sororities and lodges, excepting those the chief activity of X
which is a service customarily carried on as a business
Public meeting halls, exhibit halls, and museums 2
Public/quasi-public buildings and facilities and accessory utility buildings/facilities 2
(defined: Section 21.04.297)
Racetracks 3
Radio/television/microwave/broadcast station/tower 2
Realtors X
Recreation facilities 1
Recycling collection facilities, large (subject to Chapter 21.105 of this title; defined: 2
Section 21.105.015)
Recycling collection facilities, small (subject to Chapter 21.105 of this title; defined: 1
Section 21.105.015)
Religious reading room (separate from church) 1
Residential uses (subject to Section 21.26.015 of this title) X
Restaurants (bona fide public eating establishment) (defined: Section 21.04.056) X
Restaurants (excluding drive-thru restaurants), tea rooms or cafes (excluding dancing or X
entertainment and on-sale liquor)
March 15, 2023 Item #1 Page 84 of 103
Use p CUP Ace
Satellite television antennae (subject to Section 21.53.130-21.53.150; defined: X
Section 21.04.302)
Shoe, clothing or wearing apparel stores X
Signs (subject to Chapter 21.41) X
Stadiums 3
Tattoo parlors (subject to Section 21.42.140(8)(140)) 3
Theaters (motion picture or live) -Indoor 2
Theaters, stages, amphitheaters - Outdoor 3
Thrift shops (subject to Section 21.42.140(8)(150)) 1
Transit passenger terminals (bus and train) 2
Veterinary clinic/animal hospital (small animals) (defined: Section 21.04.378) 1
Welfare and charitable service (private or semi-private) with no permanent residential 1
uses (i.e., Goodwill, Red Cross, Traveler's Aid)
Windmills (exceeding height limit of zone) (subject to Section 21.42.140(8)(160)) 2
Wireless communication facilities (subject to Section 21.42.140{8)(165); defined: 1/2
Section 21.04.379)
Youth organizations (e.g., Boy Scouts, Girl Scouts, Boys and Girls Clubs, YMCA, YWCA, 1
except lodgings)
Note:
1.Any use meeting the definition of an entertainment establishment, as defined in Section 8.09.020 of the Carlsbad Municipal Code (CMC), shall be
subject to the requirements of CMC Chapter 8.09.
Use
16.That Table A of Section 21.28.010 is amended by the addition of a new use listing for
"Personal services ... " as shown below:
p CUP Ace
Personal services (defined: section 21.04.291.1) X
Use
17.That Table A of Section 21.29.030 is amended by the addition of a new use listing for
"Personal services ... " as shown below, and by the deletion of the use listing for "Services
(personal), limited to ... ":
p CUP Ace
Personal services (defined: section 21.04.291.1) X
Use
18.That Table A of Section 21.31.020 is amended by the addition of a new use listing for
"Personal services ... " as shown below, and by the deletion of the use listing for "Services,
provided directly to consumers ... ":
p CUP Ace
Personal services (defined: section 21.04.291.1) X
March 15, 2023 Item #1 Page 85 of 103
19.That subsection A.1 of Section 21.31.060 is amended as shown below:
1.Required eating areas for employees (subject to Section 21.31.080(K));
20.That Section 21.37.090 is amended as shown below:
21.37.090 Design criteria.
A.The following design criteria shall apply to all mobile home parks to the extent permitted
according to California Health and Safety Code §18200, et seq. and §18665 et seq.,
respectively:
1.The overall plan shall be comprehensive, embracing land, buildings for common use or
park service and maintenance, landscaping and their interrelationships, and shall
conform to adopted plans for all governmental agencies for the area in which the
proposed development is located;
2.The plan shall provide for adequate circulation, off-street parking, open recreational
areas and other pertinent amenities. Buildings, structures and facilities for common
use in the park or for service and maintenance of the park shall be well integrated,
oriented and related to the topographic and natural landscape features of the site;
3.The proposed development shall be compatible with existing and planned land use
and with circulation patterns on adjoining properties. It shall not constitute a
disruptive element to the neighborhood or community; and
4.Common areas and recreational facilities shall be located so as to be readily accessible
to the occupants of the dwelling units and shall be well related to any common open
spaces provided.
21.That Section 21.37.100 is amended as shown below:
21.37.100 Development standards.
A.A mobile home park shall comply with the following development standards and any
applicable standards under state law:
1.A mobile home park shall be not less than five acres for a condominium or planned
unit development park and fifteen acres for a rental park;
2.Parking shall be provided subject to the provisions of Chapter 21.44 of this title;
3.Mobile home park streets shall be provided in such a pattern as to provide convenient
traffic circulation within the mobile home park. Such streets shall be built to the
following standards:
a.No roadway shall be less than thirty-four feet in width,
b.There shall be concrete curbs on each side of the streets,
c.The mobile home park streets shall be paved according to standards
established by the city engineer,
d.Mobile home park streets shall be lighted in accordance with the standards
established by the city engineer;
March 15, 2023 Item #1 Page 86 of 103
Use
4.The city council may permit decentralization of the recreational facilities in accordance
with principles of good planning;
5.Common trash-bin enclosures shall be provided. They shall be of masonry construction
and compatible with the mobile home park;
6.Service buildings and facilities shall be strategically located throughout the park for
convenient access from mobile homes. No service building shall be closer than twenty
feet to any property adjacent to the mobile home park;
7.Mobile home parks shall be enclosed by solid masonry fences, six feet in height,
subject to city planner approval, along dedicated street frontages; and
8.All new mobile homes shall bear a valid insignia of approval issued by the State
Department of Housing and Community Development.
22.That within Table A of Section 21.44.020, the number of off-street parking spaces for
the Residential Care Facility use is amended as follows:
Number of Off-Street Parking Spaces
Residential Uses Residential Care Two spaces per unit, provided as either: Facilities •A two-car garage (minimum interior 20 feet x 20 feet); or•Two separate one-car garages (minimum interior 12 feet x 20feet each);
23.That Section 21.42.110 of the Carlsbad Municipal Code is amended as shown below:
21.42.110 Expiration, extensions and amendments.
A.Expiration of Permit if Not Exercised. The expiration period for an approved minor conditional
use permit or conditional use permit shall be as specified in Section 21.58.030 of this title.
B.Extension of Permit if Not Exercised. The expiration period for an approved minor conditional
use permit or conditional use permit may be extended pursuant to Section 21.58.040 of this
title.
C.Expiration of Permit. Such rights and privileges granted under a minor conditional use permit
or conditional use permit shall also expire at such time as the city planner/planning
commission/city council may designate in the approval of the minor conditional use permit or
conditional use permit.
D.All existing conditional use permits, which include an expiration date and a requirement to
extend the permit, may be hereby approved administratively by the city planner in perpetuity
without the requirement to extend the conditional use permit.
E.An approved minor conditional use permit or conditional use permit may be amended
pursuant to the provisions of Section 21.54.125 of this title.
March 15, 2023 Item #1 Page 87 of 103
24.That Table F of Section 21.45.090 is amended as shown below:
Table F
Residential Additions and Accessory Uses to One-Family Dwellings and Twin-Homes on Small Lots
Minimum Front Yard Minimum Side and Rear
Addition/ Accessory Use Setback Yard Setbacks
10 feet to posts 5 feet to posts
Attached/detached patio covers(2l (2-foot overhang (2-foot overhang
permitted) permitted)
Non-habitable detached accessory buildings/structures
(e.g., garages, workshops, decks over 30 inches in 20 feet 5 feet height)(1l,(2L(3l
Habitable detached accessory buildings
(i.e. guest houses and accessory dwelling units)!2l, !3l, !4l 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.
25.That Chapter 21.53 of the Carlsbad Municipal Code is amended by the addition of a new
section as shown below:
21.53.260 Small wireless facilities {SWF).
Small wireless facilities shall comply with City Council Policy Statement No. 64. An application for an
SWF located on public or private property may be processed as a building permit, and an application
for an SWF located within the public right-of-way of roads may be processed as a right-of-way permit
pursuant to Title 11 of the Carlsbad Municipal Code.
(b)
26.That subsection (b) of Section 21.53.230 of the Carlsbad Municipal Code is amended as
shown below:
Undevelopable Lands.
(1)The following lands are undevelopable and shall be excluded from density calculation:
(A)Beaches;
(B)
(C)
(D)
(E)
(F)
Permanent bodies of water;
Floodways;
Natural slopes with an inclination of greater than 40% except as permitted
pursuant to Section 21.95.140.B of this code;
Significant wetlands;
Significant riparian or woodland habitats;
March 15, 2023 Item #1 Page 88 of 103
(G)Land subject to major power transmission easements;
(H)Railroad track beds;
(2)The following lands are undevelopable but may be included in density calculation,
unless such lands meet any of the criteria listed Section 21.53.230(b)(1).
(A)Land upon which other significant environmental features as determined by the
environmental review process for a project are located;
(B)Hardlined habitat preserve areas as identified in the Carlsbad Habitat
Management Plan.
27.That subsection C of Section 21.54.125 is amended as follows:
C.If an approved development permit was issued pursuant to the provisions of
Section 21.54.040 of this title, any amendment to said permit shall be acted on by the
decision-making authority that approved the original permit, except that if the city council
approved the original permit, the planning commission shall have the authority to act upon
the amendment.
28.That subsection F of Section 21.83.020 of the Carlsbad Municipal Code is amended as
shown below:
F."Family day care home" means a dwelling which regularly provides non medical care,
protection, and supervision of fourteen or fewer children, in the provider's own home, for
periods of less than twenty-four hours per day, while the parents or guardians are away. The
actual number of children permitted in a family day care home is based on age composition as
determined by the permitting agency. Family day care homes include either of the following:
1."Large family day care home," means a dwelling which provides family day care for
seven to fourteen children, inclusive, including children under the age of ten years who
reside at the home as defined in Section 1596. 78 of the California Health and Safety
Code and as permitted by the licensing agency;
2."Small family day care home," means a dwelling which provides family day care for
eight or fewer children, including children under the age of ten years who reside at the
home as defined in Section 1596.78 of the California Health and Safety Code and as
permitted by the licensing agency.
29.That Section 21.83.040 of the Carlsbad Municipal Code is amended as shown below:
21.83.040 Use chart.
The following use chart indicates the zones where small and large family day care homes and
child day care centers are permitted, subject to the requirements of this chapter.
"P" indicates that the use is permitted in the zone.
"MCUP" indicates that the use is permitted subject to approval of a minor conditional use
permit (process one) processed in accordance with Chapter 21.42 of this title.
March 15, 2023 Item #1 Page 89 of 103
"CUP" indicates that the use is permitted subject to approval of a conditional use permit
(process two) processed in accordance with Chapter 21.42 of this title.
"X" indicates that the use is prohibited in the zone.
Small Family Day Care Large Family Day Care
Home (8 or fewer Home (14 or fewer
Zoning children) children) Child Day Care Center
R-A, R-E, E-A p p X
R-1 p p X
R-2 p p X
R-3, RD-M, R-P p p MCUP(1)(2)
R-T, R-W, RMHP p p X
0 X X MCUP(1)(2)
H-0 X X P{l)
C-F X X MCUP(1)(2)
C-1, C-2, C-L X X P(l)
P-M, C-M X X CUP(4)
M, P-U, 0-5, L-C, T-C, C-T X X X
V-8, P-C (3) (3) (1)(2)(3)
Notes:
(1)Permitted subject to the provisions of Section 21.83.080 of this chapter.
(2)Child day care centers are allowed as a permitted use (no conditional use permit or minor conditional use permit
required) within existing buildings on developed church or school sites, subject to the provisions of
Section 21.83.080 of this chapter.
(3)Permitted subject to the standards of the controlling document (Village and Barrio master plan or designated master
plan).
(4)Permitted subject to the provisions of Sections 21.83.060 and 21.83.080 of this chapter.
30.That Section 21.83.050 is amended as shown below:
21.83.050 Requirements for large family day care homes.
A.The applicant shall obtain all licenses and permits required by state law for operation of the
facility and shall keep all state licenses or permits valid and current.
B.Development Standards.
1.The facility shall comply with all zoning standards otherwise applicable to other
residences, however, the use of a dwelling for the purposes of this section shall not
constitute a change of occupancy for purposes of Title 18 of this code.
2.The facility shall comply with all standards relating to fire and life safety applicable to
residences established by the state fire marshal contained in Title 24 of the California
Code of Regulations as amended from time to time.
3.An outdoor play area which satisfies the requirements of the state, community care
licensing division shall be provided in the rear yard and shall be enclosed by a natural
barrier, wall, solid fence, or other solid structure a minimum of five feet in height. The
provider shall ensure that outdoor play times do not begin until after nine a.m. and
end before five p.m. The provider shall stagger the number of children playing
outdoors at any one time to reduce noise impacts on surrounding residences.
March 15, 2023 Item #1 Page 90 of 103
4.All outdoor play areas shall be adequately separated from vehicular circulation and
parking areas by a strong fence such as chain link, wood or masonry.
5.Required garages shall be prohibited for use as a family day care home and shall be
utilized for parking two of the applicant's onsite vehicles during the daily operation of
the day care home rather than parking the vehicles on the street or in the driveway.
6.The applicant shall designate the onsite driveway as the official drop-off and pick-up
area for children and shall notify parents of this requirement. Said driveway shall
remain free and clear of parked cars.
7.The applicant shall require that employees park in locations which will not
inconvenience nearby residents. To disrupt the neighborhood as little as possible, best
efforts shall be made by the applicant to require employees to park as close as
possible to the family day care home.
31.That subsection E.1.b of Section 21.210.070 is amended as shown below:
b.HMP Permit.
i.An application for a HMP permit may be approved, conditionally
approved or denied by the planning commission or city council, as
specified in Section 21.54.040 of this title.
ii.The decision on a HMP permit shall be based upon the decision-making
authority's review of the facts as set forth in the application, of the
circumstances of the particular case, and evidence presented at the
public hearing.
iii.The decision-making authority shall hear the matter and may approve
or conditionally approve the HMP permit if all of the findings of fact in
subsection F of this section are found to exist.
32.That the following list of sections are amended by the substitution of the 1994 General
Plan Land Use designation titles with the updated titles from the 2015 General Plan as
shown in the table below:
21.08.010 Intent and purpose
21.10.010 Intent and purpose.
21.12.010 Intent and purpose.
21.16.010 Intent and purpose.
21.18.010 Intent and purpose.
21.22.010 Intent and purpose.
21.24.010 Intent and purpose.
21.29.010 Intent and purpose.
21.43.020 Definitions.
March 15, 2023 Item #1 Page 91 of 103
1994 General Plan 2015 Gelleral Plan
Land Use Deslanatlon 11tles Land Use Deslanatlon Titles
Residential Low Density (RL) R-1.5 (Residential 0-1.5 du/ac)
Residential Low-Medium Density {RLM) R-4 (Residential 0-4 du/ac)
Residential Medium Density (R-M) R-8 (Residential 4-8 du/ac)
Residential Medium-High Density {RMH) R-15 {Residential 8-15 du/ac)
Residential High Density (RH) R-23 (Residential 15-23 du/ac)
Travel/Recreational Commercial {T-R) Visitor Commercial {V-C)
33.That the following list of sections are amended by the substitution of the 1994 General
Plan Land Use designation labels with updated labels from the 2015 General Plan as
shown in the table below:
21.08.070 Minimum lot area.
21.10.090 Minimum lot area.
21.18.020 Permitted uses.
21.24.020 Permitted uses.
21.24.100 Lot area.
21.45.040 Permitted zones and uses.
21.45.060 General development standards.
21.45.070 Development standards for one-family dwellings and twin-homes on small lots.
21.45.080 Development standards for condominium projects.
21.90.045 Growth management residential control point established.
1994 General Plan 2015 General Plan
Land Use: -on Title Symbols Land Use-:--�--n Tltle Symbols
RL R-1.5
RLM R-4
R-M R-8
RMH R-15
RH R-23
T-R V-C
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.
March 15, 2023 Item #1 Page 92 of 103
. ~ ·--:· ~-~·-•tJ
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 2022-0014, 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
to be published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen
days after its adoption.
INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the 13th
day of September, 2022, and thereafter
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 27th day of September, 2022, by the following vote, to wit:
AYES:
NAYS:
Hall, Blackburn, Bhat-Patel, Acosta, Norby.
None.
ABSENT: None.
APPROVED AS TO FORM AND LEGALITY:
U4idaL-� CINDIE McMAHON, CITY ATTORNEY
MATT HALL, Mayor
t!fy LrvFAVIOLA MEDINA, City Clerk Services Manager f -(SEAL)
March 15, 2023 Item #1 Page 93 of 103
State of California
GOVERNMENT CODE
Section 65852.2
65852.2. (a) (1) A local agency may, by ordinance, provide for the creation of
accessory dwelling units in areas zoned to allow single-family or multifamily dwelling
residential use. The ordinance shall do all of the following:
(A) Designate areas within the jurisdiction of the local agency where accessory
dwelling units may be permitted. The designation of areas may be based on the
adequacy of water and sewer services and the impact of accessory dwelling units on
traffic flow and public safety. A local agency that does not provide water or sewer
services shall consult with the local water or sewer service provider regarding the
adequacy of water and sewer services before designating an area where accessory
dwelling units may be permitted.
(B) (i) Impose objective standards on accessory dwelling units that include, but
are not limited to, parking, height, setback, landscape, architectural review, maximum
size of a unit, and standards that prevent adverse impacts on any real property that is
listed in the California Register of Historical Resources. These standards shall not
include requirements on minimum lot size.
(ii) Notwithstanding clause (i), a local agency may reduce or eliminate parking
requirements for any accessory dwelling unit located within its jurisdiction.
(C) Provide that accessory dwelling units do not exceed the allowable density for
the lot upon which the accessory dwelling unit is located, and that accessory dwelling
units are a residential use that is consistent with the existing general plan and zoning
designation for the lot.
(D) Require the accessory dwelling units to comply with all of the following:
(i)Except as provided in Section 65852.26, the accessory dwelling unit may be
rented separate from the primary residence, but may not be sold or otherwise conveyed
separate from the primary residence.
(ii)The lot is zoned to allow single-family or multifamily dwelling residential use
and includes a proposed or existing dwelling.
(iii) The accessory dwelling unit is either attached to, or located within, the proposed
or existing primary dwelling, including attached garages, storage areas or similar
uses, or an accessory structure or detached from the proposed or existing primary
dwelling and located on the same lot as the proposed or existing primary dwelling,
including detached garages.
(iv) If there is an existing primary dwelling, the total floor area of an attached
accessory dwelling unit shall not exceed 50 percent of the existing primary dwelling.
(v) The total floor area for a detached accessory dwelling unit shall not exceed
1,200 square feet.
STATE OF CALIFORNIA
AUTHENTICATED ELECTRONIC LEGAL MATERIAL
Exhibit 7
March 15, 2023 Item #1 Page 94 of 103
® ..-;::,
LEGISlATIVE COUNSEL BUREAU
(vi) No passageway shall be required in conjunction with the construction of an
accessory dwelling unit.
(vii) No setback shall be required for an existing living area or accessory structure
or a structure constructed in the same location and to the same dimensions as an
existing structure that is converted to an accessory dwelling unit or to a portion of an
accessory dwelling unit, and a setback of no more than four feet from the side and
rear lot lines shall be required for an accessory dwelling unit that is not converted
from an existing structure or a new structure constructed in the same location and to
the same dimensions as an existing structure.
(viii) Local building code requirements that apply to detached dwellings, except
that the construction of an accessory dwelling unit shall not constitute a Group R
occupancy change under the local building code, as described in Section 310 of the
California Building Code (Title 24 of the California Code of Regulations), unless the
building official or enforcement agency of the local agency makes a written finding
based on substantial evidence in the record that the construction of the accessory
dwelling unit could have a specific, adverse impact on public health and safety.
Nothing in this clause shall be interpreted to prevent a local agency from changing
the occupancy code of a space that was unhabitable space or was only permitted for
nonresidential use and was subsequently converted for residential use pursuant to this
section.
(ix) Approval by the local health officer where a private sewage disposal system
is being used, if required.
(x) (I) Parking requirements for accessory dwelling units shall not exceed one
parking space per accessory dwelling unit or per bedroom, whichever is less. These
spaces may be provided as tandem parking on a driveway.
(II) Offstreet parking shall be permitted in setback areas in locations determined
by the local agency or through tandem parking, unless specific findings are made that
parking in setback areas or tandem parking is not feasible based upon specific site or
regional topographical or fire and life safety conditions.
(III) This clause shall not apply to an accessory dwelling unit that is described in
subdivision (d).
(xi) When a garage, carport, or covered parking structure is demolished in
conjunction with the construction of an accessory dwelling unit or converted to an
accessory dwelling unit, the local agency shall not require that those offstreet parking
spaces be replaced.
(xii) Accessory dwelling units shall not be required to provide fire sprinklers if
they are not required for the primary residence. The construction of an accessory
dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the
existing primary dwelling.
(2) The ordinance shall not be considered in the application of any local ordinance,
policy, or program to limit residential growth.
(3) (A) A permit application for an accessory dwelling unit or a junior accessory
dwelling unit shall be considered and approved ministerially without discretionary
review or a hearing, notwithstanding Section 65901 or 65906 or any local ordinance
March 15, 2023 Item #1 Page 95 of 103
regulating the issuance of variances or special use permits. The permitting agency
shall either approve or deny the application to create or serve an accessory dwelling
unit or a junior accessory dwelling unit within 60 days from the date the permitting
agency receives a completed application if there is an existing single-family or
multifamily dwelling on the lot. If the permit application to create or serve an accessory
dwelling unit or a junior accessory dwelling unit is submitted with a permit application
to create a new single-family or multifamily dwelling on the lot, the permitting agency
may delay approving or denying the permit application for the accessory dwelling
unit or the junior accessory dwelling unit until the permitting agency approves or
denies the permit application to create the new single-family or multifamily dwelling,
but the application to create or serve the accessory dwelling unit or junior accessory
dwelling unit shall be considered without discretionary review or hearing. If the
applicant requests a delay, the 60-day time period shall be tolled for the period of the
delay. If the local agency has not approved or denied the completed application within
60 days, the application shall be deemed approved.A local agency may charge a fee
to reimburse it for costs incurred to implement this paragraph, including the costs of
adopting or amending any ordinance that provides for the creation of an accessory
dwelling unit.
(B) If a permitting agency denies an application for an accessory dwelling unit or
junior accessory dwelling unit pursuant to subparagraph (A), the permitting agency
shall, within the time period described in subparagraph (A), return 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.
(4) The ordinance shall require that a demolition permit for a detached garage that
is to be replaced with an accessory dwelling unit be reviewed with the application for
the accessory dwelling unit and issued at the same time.
(5) The ordinance shall not require, and the applicant shall not be otherwise
required, to provide written notice or post a placard for the demolition of a detached
garage that is to be replaced with an accessory dwelling unit, unless the property is
located within an architecturally and historically significant historic district.
(6) An existing ordinance governing the creation of an accessory dwelling unit by
a local agency or an accessory dwelling ordinance adopted by a local agency shall
provide an approval process that includes only ministerial provisions for the approval
of accessory dwelling units and shall not include any discretionary processes,
provisions, or requirements for those units, except as otherwise provided in this
subdivision. If a local agency has an existing accessory dwelling unit ordinance that
fails to meet the requirements of this subdivision, that ordinance shall be null and
void and that agency shall thereafter apply the standards established in this subdivision
for the approval of accessory dwelling units, unless and until the agency adopts an
ordinance that complies with this section.
(7) No other local ordinance, policy, or regulation shall be the basis for the delay
or denial of a building permit or a use permit under this subdivision.
(8) (A) This subdivision establishes the maximum standards that local agencies
shall use to evaluate a proposed accessory dwelling unit on a lot that includes a
March 15, 2023 Item #1 Page 96 of 103
proposed or existing single-family dwelling. No additional standards, other than those
provided in this subdivision, shall be used or imposed, except that, subject to
subparagraphs (B) and (C), a local agency may require an applicant for a permit issued
pursuant to this subdivision to be an owner-occupant.
(B) (i) Notwithstanding subparagraph (A), a local agency shall not impose an
owner-occupant requirement on an accessory dwelling unit before January 1, 2025.
(ii) Notwithstanding subparagraph (A), a local agency shall not impose an
owner-occupant requirement on an accessory dwelling unit that was permitted between
January 1, 2020, and January 1, 2025.
(C) Notwithstanding subparagraphs (A) and (B), a local agency may require that
an accessory dwelling unit be used for rentals of terms longer than 30 days.
(9) A local agency may amend its zoning ordinance or general plan to incorporate
the policies, procedures, or other provisions applicable to the creation of an accessory
dwelling unit if these provisions are consistent with the limitations of this subdivision.
(10) An accessory dwelling unit that conforms to this subdivision shall be deemed
to be an accessory use or an accessory building and shall not be considered to exceed
the allowable density for the lot upon which it is located, and shall be deemed to be
a residential use that is consistent with the existing general plan and zoning
designations for the lot. The accessory dwelling unit shall not be considered in the
application of any local ordinance, policy, or program to limit residential growth.
(b) (1) When a local agency that has not adopted an ordinance governing accessory
dwelling units in accordance with subdivision (a) receives an application for a permit
to create or serve an accessory dwelling unit pursuant to this subdivision, the local
agency shall approve or disapprove the application ministerially without discretionary
review pursuant to subdivision (a). The permitting agency shall either approve or
deny the application to create or serve an accessory dwelling unit or a junior accessory
dwelling unit within 60 days from the date the permitting agency receives a completed
application if there is an existing single-family or multifamily dwelling on the lot. If
the permit application to create or serve an accessory dwelling unit or a junior
accessory dwelling unit is submitted with a permit application to create or serve a
new single-family or multifamily dwelling on the lot, the permitting agency may
delay approving or denying the permit application for the accessory dwelling unit or
the junior accessory dwelling unit until the permitting agency approves or denies the
permit application to create or serve the new single-family or multifamily dwelling,
but the application to create or serve the accessory dwelling unit or junior accessory
dwelling unit shall still be considered ministerially without discretionary review or a
hearing. If the applicant requests a delay, the 60-day time period shall be tolled for
the period of the delay. If the local agency has not approved or denied the completed
application within 60 days, the application shall be deemed approved.
(2) If a permitting agency denies an application for an accessory dwelling unit or
junior accessory dwelling unit pursuant to paragraph (1), the permitting agency shall,
within the time period described in paragraph (1), return 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.
March 15, 2023 Item #1 Page 97 of 103
(c) (1) Subject to paragraph (2), a local agency may establish minimum and
maximum unit size requirements for both attached and detached accessory dwelling
units.
(2) Notwithstanding paragraph (1), a local agency shall not establish by ordinance
any of the following:
(A) A minimum square footage requirement for either an attached or detached
accessory dwelling unit that prohibits an efficiency unit.
(B) A maximum square footage requirement for either an attached or detached
accessory dwelling unit that is less than either of the following:
(i) 850 square feet.
(ii) 1,000 square feet for an accessory dwelling unit that provides more than one
bedroom.
(C) Any requirement for a zoning clearance or separate zoning review or any other
minimum or maximum size for an accessory dwelling unit, size based upon a
percentage of the proposed or existing primary dwelling, or limits on lot coverage,
floor area ratio, open space, front setbacks, and minimum lot size, for either attached
or detached dwellings that does not permit at least an 800 square foot accessory
dwelling unit with four-foot side and rear yard setbacks to be constructed in compliance
with all other local development standards.
(D) Any height limitation that does not allow at least the following, as applicable:
(i) A height of 16 feet for a detached accessory dwelling unit on a lot with an
existing or proposed single family or multifamily dwelling unit.
(ii) A height of 18 feet for a detached accessory dwelling unit on a lot with an
existing or proposed single family or multifamily dwelling unit that is within one-half
of one mile walking distance of a major transit stop or a high-quality transit corridor,
as those terms are defined in Section 21155 of the Public Resources Code. A local
agency shall also allow an additional two feet in height to accommodate a roof pitch
on the accessory dwelling unit that is aligned with the roof pitch of the primary
dwelling unit.
(iii) A height of 18 feet for a detached accessory dwelling unit on a lot with an
existing or proposed multifamily, multistory dwelling.
(iv) A height of 25 feet or the height limitation in the local zoning ordinance that
applies to the primary dwelling, whichever is lower, for an accessory dwelling unit
that is attached to a primary dwelling. This clause shall not require a local agency to
allow an accessory dwelling unit to exceed two stories.
(d) Notwithstanding any other law, and whether or not the local agency has adopted
an ordinance governing accessory dwelling units in accordance with subdivision (a),
all of the following shall apply:
(1) The local agency shall not impose any parking standards for an accessory
dwelling unit in any of the following instances:
(A) Where the accessory dwelling unit is located within one-half mile walking
distance of public transit.
(B) Where the accessory dwelling unit is located within an architecturally and
historically significant historic district.
March 15, 2023 Item #1 Page 98 of 103
(C) Where the accessory dwelling unit is part of the proposed or existing primary
residence or an accessory structure.
(D) When onstreet parking permits are required but not offered to the occupant of
the accessory dwelling unit.
(E) When there is a car share vehicle located within one block of the accessory
dwelling unit.
(F) When a permit application for an accessory dwelling unit is submitted with a
permit application to create a new single-family dwelling or a new multifamily
dwelling on the same lot, provided that the accessory dwelling unit or the parcel
satisfies any other criteria listed in this paragraph.
(2) The local agency shall not deny an application for a permit to create an accessory
dwelling unit 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 accessory dwelling unit.
(e) (1) Notwithstanding subdivisions (a) to (d), inclusive, a local agency shall
ministerially approve an application for a building permit within a residential or
mixed-use zone to create any of the following:
(A) One accessory dwelling unit and one junior accessory dwelling unit per lot
with a proposed or existing single-family dwelling if all of the following apply:
(i) The accessory dwelling unit or junior accessory dwelling unit is within the
proposed space of a single-family dwelling or existing space of a single-family
dwelling or accessory structure and may include an expansion of not more than 150
square feet beyond the same physical dimensions as the existing accessory structure.
An expansion beyond the physical dimensions of the existing accessory structure
shall be limited to accommodating ingress and egress.
(ii) The space has exterior access from the proposed or existing single-family
dwelling.
(iii) The side and rear setbacks are sufficient for fire and safety.
(iv) The junior accessory dwelling unit complies with the requirements of Section
65852.22.
(B) One detached, new construction, accessory dwelling unit that does not exceed
four-foot side and rear yard setbacks for a lot with a proposed or existing single-family
dwelling. The accessory dwelling unit may be combined with a junior accessory
dwelling unit described in subparagraph (A). A local agency may impose the following
conditions on the accessory dwelling unit:
(i) A total floor area limitation of not more than 800 square feet.
(ii) A height limitation as provided in clause (i), (ii), or (iii) as applicable, of
subparagraph (D) of paragraph (2) of subdivision (c).
(C) (i) Multiple accessory dwelling units within the portions of existing multifamily
dwelling structures that are not used as livable space, including, but not limited to,
storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit
complies with state building standards for dwellings.
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(ii) A local agency shall allow at least one accessory dwelling unit within an
existing multifamily dwelling and shall allow up to 25 percent of the existing
multifamily dwelling units.
(D) (i) Not more than two accessory dwelling units that are located on a lot that
has an existing or proposed multifamily dwelling, but are detached from that
multifamily dwelling and are subject to a height limitation in clause (i), (ii), or (iii),
as applicable, of subparagraph (D) of paragraph (2) of subdivision (c) and rear yard
and side setbacks of no more than four feet.
(ii) If the existing multifamily dwelling has a rear or side setback of less than four
feet, the local agency shall not require any modification of the existing multifamily
dwelling as a condition of approving the application to construct an accessory dwelling
unit that satisfies the requirements of this subparagraph.
(2) A local agency shall not require, as a condition for ministerial approval of a
permit application for the creation of an accessory dwelling unit or a junior accessory
dwelling unit, the correction of nonconforming zoning conditions.
(3) The installation of fire sprinklers shall not be required in an accessory dwelling
unit if sprinklers are not required for the primary residence. The construction of an
accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed
in the existing multifamily dwelling.
(4) A local agency may require owner-occupancy for either the primary dwelling
or the accessory dwelling unit on a single-family lot, subject to the requirements of
paragraph (8) of subdivision (a).
(5) A local agency shall require that a rental of the accessory dwelling unit created
pursuant to this subdivision be for a term longer than 30 days.
(6) A local agency may require, as part of the application for a permit to create an
accessory dwelling unit connected to an onsite wastewater treatment system, a
percolation test completed within the last five years, or, if the percolation test has
been recertified, within the last 10 years.
(7) Notwithstanding subdivision (c) and paragraph (1) a local agency that has
adopted an ordinance by July 1, 2018, providing for the approval of accessory dwelling
units in multifamily dwelling structures shall ministerially consider a permit application
to construct an accessory dwelling unit that is described in paragraph (1), and may
impose objective standards including, but not limited to, design, development, and
historic standards on said accessory dwelling units. These standards shall not include
requirements on minimum lot size.
(f) (1) Fees charged for the construction of accessory dwelling units shall be
determined in accordance with Chapter 5 (commencing with Section 66000) and
Chapter 7 (commencing with Section 66012).
(2) An accessory dwelling unit shall not be considered by a local agency, special
district, or water corporation to be a new residential use for purposes of calculating
connection fees or capacity charges for utilities, including water and sewer service,
unless the accessory dwelling unit was constructed with a new single-family dwelling.
(3) (A) A local agency, special district, or water corporation shall not impose any
impact fee upon the development of an accessory dwelling unit less than 750 square
March 15, 2023 Item #1 Page 100 of 103
feet. Any impact fees charged for an accessory dwelling unit of 750 square feet or
more shall be charged proportionately in relation to the square footage of the primary
dwelling unit.
(B) For purposes of this paragraph, “impact fee” has the same meaning as the term
“fee” is defined in subdivision (b) of Section 66000, except that it also includes fees
specified in Section 66477. “Impact fee” does not include any connection fee or
capacity charge charged by a local agency, special district, or water corporation.
(4) For an accessory dwelling unit described in subparagraph (A) of paragraph (1)
of subdivision (e), a local agency, special district, or water corporation shall not require
the applicant to install a new or separate utility connection directly between the
accessory dwelling unit and the utility or impose a related connection fee or capacity
charge, unless the accessory dwelling unit was constructed with a new single-family
dwelling.
(5) For an accessory dwelling unit that is not described in subparagraph (A) of
paragraph (1) of subdivision (e), a local agency, special district, or water corporation
may require a new or separate utility connection directly between the accessory
dwelling unit and the utility. Consistent with Section 66013, the connection may be
subject to a connection fee or capacity charge that shall be proportionate to the burden
of the proposed accessory dwelling unit, based upon either its square feet or the
number of its drainage fixture unit (DFU) values, as defined in the Uniform Plumbing
Code adopted and published by the International Association of Plumbing and
Mechanical Officials, upon the water or sewer system. This fee or charge shall not
exceed the reasonable cost of providing this service.
(g) This section shall supersede a conflicting local ordinance. This section does
not limit the authority of local agencies to adopt less restrictive requirements for the
creation of an accessory dwelling unit.
(h) (1) A local agency shall submit a copy of the ordinance adopted pursuant to
subdivision (a) to the Department of Housing and Community Development within
60 days after adoption. After adoption of an ordinance, the department may submit
written findings to the local agency as to whether the ordinance complies with this
section.
(2) (A) If the department finds that the local agency’s ordinance does not comply
with this section, the department shall notify the local agency and shall provide the
local agency with a reasonable time, no longer than 30 days, to respond to the findings
before taking any other action authorized by this section.
(B) The local agency shall consider the findings made by the department pursuant
to subparagraph (A) and shall do one of the following:
(i) Amend the ordinance to comply with this section.
(ii) Adopt the ordinance without changes. The local agency shall include findings
in its resolution adopting the ordinance that explain the reasons the local agency
believes that the ordinance complies with this section despite the findings of the
department.
(3) (A) If the local agency does not amend its ordinance in response to the
department’s findings or does not adopt a resolution with findings explaining the
March 15, 2023 Item #1 Page 101 of 103
reason the ordinance complies with this section and addressing the department’s
findings, the department shall notify the local agency and may notify the Attorney
General that the local agency is in violation of state law.
(B) Before notifying the Attorney General that the local agency is in violation of
state law, the department may consider whether a local agency adopted an ordinance
in compliance with this section between January 1, 2017, and January 1, 2020.
(i) The department may review, adopt, amend, or repeal guidelines to implement
uniform standards or criteria that supplement or clarify the terms, references, and
standards set forth in this section. The guidelines adopted pursuant to this subdivision
are not subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division
3 of Title 2.
(j) As used in this section, the following terms mean:
(1) “Accessory dwelling unit” means an attached or a detached residential dwelling
unit that provides complete independent living facilities for one or more persons and
is located on a lot with a proposed or existing primary residence. It shall include
permanent provisions for living, sleeping, eating, cooking, and sanitation on the same
parcel as the single-family or multifamily dwelling is or will be situated. An accessory
dwelling unit also includes the following:
(A) An efficiency unit.
(B) A manufactured home, as defined in Section 18007 of the Health and Safety
Code.
(2) “Accessory structure” means a structure that is accessory and incidental to a
dwelling located on the same lot.
(3) “Efficiency unit” has the same meaning as defined in Section 17958.1 of the
Health and Safety Code.
(4) “Living area” means the interior habitable area of a dwelling unit, including
basements and attics, but does not include a garage or any accessory structure.
(5) “Local agency” means a city, county, or city and county, whether general law
or chartered.
(6) “Nonconforming zoning condition” means a physical improvement on a property
that does not conform with current zoning standards.
(7) “Objective standards” means standards that involve no personal or subjective
judgment by a public official and are uniformly verifiable by reference to an external
and uniform benchmark or criterion available and knowable by both the development
applicant or proponent and the public official prior to submittal.
(8) “Passageway” means a pathway that is unobstructed clear to the sky and extends
from a street to one entrance of the accessory dwelling unit.
(9) “Permitting agency” means any entity that is involved in the review of a permit
for an accessory dwelling unit or junior accessory dwelling unit and for which there
is no substitute, including, but not limited to, applicable planning departments, building
departments, utilities, and special districts.
(10) “Proposed dwelling” means a dwelling that is the subject of a permit
application and that meets the requirements for permitting.
March 15, 2023 Item #1 Page 102 of 103
(11) “Public transit” means a location, including, but not limited to, a bus stop or
train station, where the public may access buses, trains, subways, and other forms of
transportation that charge set fares, run on fixed routes, and are available to the public.
(12) “Tandem parking” means that two or more automobiles are parked on a
driveway or in any other location on a lot, lined up behind one another.
(k) A local agency shall not issue a certificate of occupancy for an accessory
dwelling unit before the local agency issues a certificate of occupancy for the primary
dwelling.
(l) Nothing in this section shall be construed to supersede or in any way alter or
lessen the effect or application of the California Coastal Act of 1976 (Division 20
(commencing with Section 30000) of the Public Resources Code), except that the
local government shall not be required to hold public hearings for coastal development
permit applications for accessory dwelling units.
(m) A local agency may count an accessory dwelling unit for purposes of identifying
adequate sites for housing, as specified in subdivision (a) of Section 65583.1, subject
to authorization by the department and compliance with this division.
(n) In enforcing building standards pursuant to Article 1 (commencing with Section
17960) of Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code for an
accessory dwelling unit described in paragraph (1) or (2), a local agency, upon request
of an owner of an accessory dwelling unit for a delay in enforcement, shall delay
enforcement of a building standard, subject to compliance with Section 17980.12 of
the Health and Safety Code:
(1) The accessory dwelling unit was built before January 1, 2020.
(2) The accessory dwelling unit was built on or after January 1, 2020, in a local
jurisdiction that, at the time the accessory dwelling unit was built, had a noncompliant
accessory dwelling unit ordinance, but the ordinance is compliant at the time the
request is made.
(Amended (as amended by Stats. 2021, Ch. 343, Sec. 1) by Stats. 2022, Ch. 664, Sec. 2.5. (SB 897)
Effective January 1, 2023.)
March 15, 2023 Item #1 Page 103 of 103