Loading...
HomeMy WebLinkAbout2020-09-01; City Council; ; Update to the City’s Development Regulations to Ensure Consistency with State Law on Accessory Dwelling Units and Junior Accessory Dwelling Units Case Name: Accessory DweMeeting Date: Sept. 1, 2020 To: Mayor and City Council From: Scott Chadwick, City Manager Staff Contact: Corey Funk, Associate Planner corey.funk@carlsbadca.gov, 760-602-4645 Subject: Update to the City’s Development Regulations to Ensure Consistency with State Law on Accessory Dwelling Units and Junior Accessory Dwelling Units Case Name: Accessory Dwelling Unit Amendments 2020 Case No.: MCA 2020-0001/ZCA 2020-0002/AMEND 2020-0005/LCPA 2020-0006 Recommended Action Hold a public hearing and introduce two ordinances to ensure consistency with state law related to accessory dwelling units and junior accessory dwelling units: 1.An ordinance approving an amendment to the Carlsbad Municipal Code (MCA 2020- 0001) 2.An ordinance approving amendments to the zoning code (ZCA 2020-0002), Village and Barrio Master Plan (AMEND 2020-0005) and Local Coastal Program (LCPA 2020-0006). Executive Summary Recent changes in state law affect local ordinances and plans on accessory dwelling units. This is a city-initiated amendment to Title 21 - Zoning and Chapter 5.60 – Short-Term Vacation Rentals of the Carlsbad Municipal Code, the Village and Barrio Master Plan and the Local Coastal Program to amend the city’s regulations for accessory dwelling units so that they are consistent with these recent changes (Exhibits 1 and 2). The Planning Commission voted 5 to 2 on June 17, 2020, to recommend the City Council approve the amendments, including a recommendation to allow the maximum size limits for accessory units to be consistent with the maximum size limits allowed under state law. On July 22, 2020, the council’s Municipal Code and City Council Policy Update Subcommittee recommended that the proposed amendments be presented to the full City Council for its consideration along with the answers to process questions that have been addressed in this staff report. CA Review RK Sept. 1, 2020 Item #6 Page 1 of 103 The item is to be considered by the City Council because amendments to the zoning code must be approved by the City Council under Carlsbad Municipal Code Section 21.52.050. Discussion Background In response to the state housing crisis, the California legislature passed a series of bills – Assembly Bills 68, AB881 and Senate Bill 13 – that amended Government Code sections 65852.2 and 65852.22 to encourage the production of accessory dwelling units, or ADUs, and junior accessory dwelling units.1 The most notable changes deal with the following topics: • Location of ADUs • Parking limitations on garage conversions • Allowance for junior ADUs • New time standards for permit processing • ADU size limitations • No short-term rental of ADUs Three other bills made additional changes to state law related to accessory dwelling units: • Assembly Bill 670: Homeowners associations must allow ADUs and junior ADUs. • Assembly Bill 671: Housing elements shall incentivize and promote the creation of ADUs. • Assembly Bill 587: Allows a nonprofit to separately convey title to ADUs. The new legislation went into effect January 1, 2020, and preempts all local ordinances that do not comply with the new standards. Cities are expected to update their local ordinances to comply with the state legislation. If cities fail to do so, the new state laws automatically apply, and applicants are permitted to develop accessory dwelling units and junior accessory dwelling units under the state legislation. The new state law also includes a requirement for the California Department of Housing and Community Development to review the city’s accessory dwelling unit ordinance for compliance with state law. The city would be given 30-days to respond and indicate if it will either change the ordinance to comply with the state housing department’s findings or adopt it as-is, with a resolution explaining why the ordinance does not comply with the department’s findings. If no response is made within 30 days, the may notify the attorney general that the city is in violation of state law. Local jurisdictions do not have much discretion when it comes to regulating accessory dwelling units. As shown in the table found in Exhibit 3, jurisdictions have very limited authority to adopt local regulations and restrictions on common land development standards such as ADU size, number, height, setback and parking. Given these limitations, the proposed ordinance meets the intent and requirements of state law. 1 An accessory dwelling unit, sometimes called a granny flat or backyard cottage, is a secondary residential unit that shares a lot with existing residential units. Junior accessory dwelling units are those created within the walls of a proposed or existing single-family home and may be no larger than 500 square feet. Sept. 1, 2020 Item #6 Page 2 of 103 Proposed ordinance As noted above, several legislative bills were passed in 2019 that require the city to update its current regulations. The proposed new codes are shown in exhibits 1 and 2. Exhibit 4 highlights the exact revisions made to the city code to comply with these new laws. Exhibit 5 provides a comparison of the city's existing accessory dwelling unit requirements and how they differ from state law in table form. Given the current housing crisis, it is anticipated that the state legislature will make more changes to the regulations on accessory dwelling units in the coming years. These state- initiated modifications often require regular updates to our local code. The proposed ordinance has been revised to the extent possible to refer to many of the ADU-compliance requirements to state law. This will help reduce the need for the city to process annual code amendments when state law changes in the future. To help understand the constant changes in ADU regulations, staff have prepared educational materials to help customers navigate state law and city processing requirements. A department information bulletin (Exhibit 6) describes the types of accessory dwelling units available, relevant development standards, permit requirements and fees. Staff can update the information bulletin as needed if density bonus law changes in the future. Commission and subcommittee reviews The proposed amendments were considered by the Planning Commission, Airport Land Use Commission and Municipal Code and City Council Policy Update Subcommittee. Their actions are summarized below. Planning Commission The Planning Commission conducted a public hearing on the proposed code amendments on June 17, 2020 (Exhibit 7). Although most of the state ADU law is a mandate for local jurisdictions, one area of local discretion relates to the establishment of size limitations where the state allows a range for maximum ADU size. The law, unfortunately, is very confusing and poorly worded when it comes to maximum unit size as it allows cities to either apply maximum size depending on whether the ADU is attached versus detached or based on room count, as reflected in the chart below. State law – Maximum size limit State law – Minimum, maximum size limit • Attached unit: 50% of main dwelling • Detached unit: 1,200 square feet • ADU Studio and 1-bedroom: 850 square feet • ADU 2-Bedroom+: 1,000 square feet Irrespective of the number of bedrooms in the ADU For either an attached or detached ADU Size limits (i.e. 50% of the main dwelling) are waived to allow at least an 800-square-foot ADU. This also applies to lot coverage standards. Sept. 1, 2020 Item #6 Page 3 of 103 For detached ADUs, staff recommended using the minimum size range as reflected in the chart above, 850 square feet for studio and one-bedroom and 1,000 square feet for two bedrooms or more. For attached ADUs, staff recommended a hybrid of the state standards, as shown below: • Studio and one-bedroom: 50% of main dwelling or 850 square feet, whichever is less, but not less than 800 square feet • Two-bedrooms+: 50% of main dwelling or 1,000 square feet, whichever is less, but not less than 800 square feet Staff’s recommendation to limit the size of ADUs to the lower limit is intended to minimize the potential impacts that an ADU may have on the neighborhood, particularly in single-family neighborhoods. The Planning Commission received two comment letters, one from Kevin Dunn, dated April 6, 2020, and another from Gary Nessim, dated June 17, 2020. Both advocated for the city to adopt a size limitation on accessory dwelling units consistent with the maximum allowed by state law, 1,200 square feet. Their letters are included in Exhibit 8. No public comments were received at the Planning Commission hearing. The Planning Commission deliberated extensively on this issue, discussing the potential effects a larger size allowance could have on affordability, parking, construction costs, flexibility for applicants and compatibility with the neighborhood and whether many lots would be large enough to accommodate larger ADUs. Ultimately, the Planning Commission voted 5 to 2 to recommend that the City Council adopt the largest size limit allowed by state law (Exhibits 9 and 10), but with a hybrid of the attached ADU standard as follows: • 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 • Detached ADUs – 1,200 square feet The Planning Commission’s recommendations are reflected in the attached ordinance (Exhibit 2). Airport Land Use Commission The proposed amendments affect land within the Airport Influence Area, so the Airport Land Use Commission of the San Diego County Regional Airport Authority must review and determine that the proposed amendments are consistent with the McClellan-Palomar Airport Land Use Compatibility Plan. The Manager of Airport Planning reviewed the amendment and issued a determination of consistency with the Airport Land Use Compatibility Plan on May 20, 2020. The Airport Land Use Commission reviewed the amendment and the determination at its meeting on June 4, 2020, and agreed with the determination of consistency. Sept. 1, 2020 Item #6 Page 4 of 103 Municipal Code and City Council Policy Update Subcommittee The subcommittee considered the proposed edits and educational materials on July 23, 2020, and generally supported the approach to revise the ordinance to focus more on process while referring as much as possible to the state law on allowances and standards. Questions were raised about the amount of latitude given to cities to deviate from state law. As explained by staff and noted above, local jurisdictions do not have a lot of discretion in regulating accessory dwelling units. The subcommittee found that understanding this limitation would be beneficial when the City Council considered the proposed regulations. In response, staff prepared a table (Exhibit 3) summarizing a city’s limited authority to adopt local regulations and restrictions on common land use standards such as ADU size, number, height, setback and parking. Fiscal Analysis There is no anticipated fiscal impact from this item. Next Steps Following the City Council’s introduction of the ordinance, it will be scheduled at the City Council’s next meeting for adoption. Following adoption of the ordinance, amendments to the Municipal Code, Zone Code and Village and Barrio Master Plan will immediately become effective outside of the Coastal Zone. The amendments will become effective within the Coastal Zone when the California Coastal Commission approves the Local Coastal Program Amendment. Staff will submit an application to the California Coastal Commission for a Local Coastal Program Amendment following the City Council’s adoption of the ordinance. Environmental Evaluation (CEQA) The city planner has determined that the amendments are exempt from the California Environmental Quality Act under the common sense exemption, Section 15061(b)(3) of the CEQA Guidelines, because there would be no possibility of a significant effect on the environment; and under Section 15282(h) of the CEQA Guidelines, which exempts from CEQA the adoption of an ordinance regarding accessory dwelling units in a single-family or multifamily residential zone to implement Section 65852.2 of the Government Code. Public Notification This amendment has been posted online since May 15, 2020. In addition, a six-week public review period for the Local Coastal Program Amendment began on May 15, 2020, and ended on July 21, 2020. Public notice of this item was posted in keeping with the Ralph M. Brown Act and it was available for public viewing and review at least 72 hours before the scheduled meeting date. Exhibits 1. City Council ordinance amending Section 5.60.020 of the Carlsbad Municipal Code 2. City Council ordinance amending Title 21 of the Carlsbad Municipal Code, the Village and Barrio Master Plan, and the Local Coastal Program 3. State ADU Law – Areas of Local Discretion Sept. 1, 2020 Item #6 Page 5 of 103 4. Revisions of proposed amendments 5. Summary of ADU code changes 6. Information Bulletin - Accessory Dwelling Units 7. Planning Commission Staff Report, dated June 17, 2020 8. Comment letters 9. Planning Commission Resolution No. 7374 10. Planning Commission Minutes dated June 17, 2020 Sept. 1, 2020 Item #6 Page 6 of 103 Sept. 1, 2020 Item #6 Page 7 of 103 EXHIBIT 1 ORDINANCE NO. CS-383 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING AMENDMENTS TO THE CARLSBAD MUNICIPAL CODE CHAPTER 5.60 (SHORT-TERM VACATION RENTALS} TO ENSURE CONSISTENCY WITH STATE LAW RELATED TO ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS. CASE NAME: ACCESSORY DWELLING UNIT AMENDMENTS 2020 CASE NO: MCA 2020-0001 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 13 and Assembly Bills 68, 587, 670, 671 and 881 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 January 1, 2020, and existing provisions of the City of Carlsbad Municipal Code are inconsistent with the new law provisions; and WHEREAS, the City Planner has prepared a Municipal Code Amendment MCA 2020-0001, to amend Section 5.60.020 of the Carlsbad Municipal Code as necessary to comply with amended state law as described above; and WHEREAS, the City Council of the City of Carlsbad held a duly noticed public hearing as prescribed by law to consider MCA 2020-0001; 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 MCA 2020-0001; 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 definition of "short-term vacation rental" in Carlsbad Municipal Code Section 5. 60.20 is amended to read as follows: Sept. 1, 2020 Item #6 Page 8 of 103 "Short-term vacation rental" is defined as the rental of any legally permitted dwelling unit as that term is defined in Chapter 21.04, Section 21.04.120 of this code, or any portion of any legally permitted dwelling unit for occupancy for dwelling, lodging or sleeping purposes for a period of less than 30 consecutive calendar days. Time-shares as defined in Chapter 21.04 and 21.04.357 are not considered short-term vacation rentals. Accessory dwelling units and junior accessory dwelling units as defined in Chapter 21.04, Sections 21.04.121 and 21.04.122, for which a building permit was issued on or after January 1, 2020, are not considered short-term vacation rentals. A trailer coach as defined in Chapter 5.24, Section 5.24.005 of this code, which is parked on the property of a legally permitted dwelling unit, is not considered a short-term vacation rental, and it may not be rented out for occupancy pursuant to Chapter 5.24, Section 5.24.145 of this code. Short-term vacation rental includes any contract or agreement that initially defined the rental term to be greater than 30 consecutive days and which was subsequently amended, either orally or in writing to permit the occupant(s) of the owner's short-term vacation rental to surrender the subject dwelling unit before the expiration of the initial rental term that results in an actual rental term of less than 30 consecutive days. EFFECTIVE DATE OF THIS: 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. INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the 1st day of September, 2020, and thereafter PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the_ day of ___ _, 2020, by the following vote, to wit: AYES: NAYS: ABSENT: APPROVED AS TO FORM AND LEGALITY: CELIA A. BREWER, City Attorney MATT HALL, Mayor BARBARA ENGLESON, City Clerk {SEAL) Sept. 1, 2020 Item #6 Page 9 of 103 EXHIBIT 2 ORDINANCE NO. CS-384 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING AMENDMENTS TO TITLE 21 OF THE CARLSBAD MUNICIPAL CODE (ZONE CODE), VILLAGE AND BARRIO MASTER PLAN AND LOCAL COASTAL PROGRAM TO ENSURE CONSISTENCY WITH STATE LAW RELATED TO ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS. CASE NAME: CASE NO: ACCESSORY DWELLING UNIT AMENDMENTS 2020 ZCA 2020-0002/AMEND 2020-0005/LCPA 2020-0006 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 13 and Assembly Bills 68, 587, 670, 671 and 881 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 January 1, 2020, 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 2020-0002)/ Village and Barrio Master Plan (AMEND 2020-0005) and the Local Coastal Program (LCPA 2020-0006) pursuant to Chapter 21.52 ofthe 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 and Village and Barrio Master Plan are the implementing ordinances of the Carlsbad Local Coastal Program, and therefore, amendments to the Zone Code and Village and Barrio Master Plan 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 15, 2020 and ending on June 26, 2020; and WHEREAS, on May 20, 2020 the Airport Land Use Commission reviewed and found that the proposed Zone Code Amendment and Village and Barrio Master Plan Amendment are consistent with the adopted McClellan-Palomar Airport Land Use Compatibility Plan; and WHEREAS, on June 17, 2020, the Planning Commission held a duly noticed public hearing as prescribed by law to consider ZCA 2020-0002/ AMEND 2020-0005/LCPA 2019-0004; and Sept. 1, 2020 Item #6 Page 10 of 103 WHEREAS, the Planning Commission adopted Planning Commission Resolution No. 7374 recommending to the City Council that ZCA 2020-0002/AMEND 2020-0005/LCPA 2019-0004 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 2020-0002/AMEND 2020-0005/LCPA 2019-0004; 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 2020-0002/AMEND 2020-0005/LCPA 2019-0004; 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. 7374 shall also constitute the findings of the City Council 3. In Section 2.3.3, Table 2-1 Permitted Uses of the Village and Barrio Master Plan, the use listing for Accessory Dwelling Unit is amended to read as follows: RESIDENTIAL vc VG HOSP FC PT BP BC Accessory Dwelling Unit (accessory to one-family, two-family, multifamily, and A A A A A A A mixed-use dwellings; subject to CMC Section 21.10.030; defined: CMC Sections 21.04.121) 4. In Section 2.3.3, Table 2-1 Permitted Uses of the Village and Barrio Master Plan, a new use listing Junior Accessory Dwelling Unit is added as follows: RESIDENTIAL vc VG HOSP FC PT BP BC Junior Accessory Dwelling Unit (accessory to a one-family dwelling; subject to CMC A A A A Section 21.10.030; defined: CMC Sections 21.04.122) 5. In Section 2.6, Table 2-3 of the Village and Barrio Master Plan, the parking requirements for Accessory Dwelling Unit are amended to read as follows: Sept. 1, 2020 Item #6 Page 11 of 103 RESIDENTIAL GENERAL USE Accessory Dwelling Unit (no additional parking is required for a Junior Accessory Dwelling Unit) PARKING REQUIREMENT • One space, in addition to the parking requirement for the primary dwelling. • Tandem parking is permitted. Parking may be located in the side and rear yard setbacks. • Parking exceptions exist for accessory dwelling units. Refer to CMC Section 21.10.030 E 6. In Section 2.6, Table 2-3 of the Village and Barrio Master Plan, a new parking requirement for Junior Accessory Dwelling Unit is added as follows: RESIDENTIAL GENERAL USE PARKING REQUIREMENT Junior Accessory Dwelling Unit No parking requirement 7. 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 and 65852.22, respectively, are considered accessory. 8. Carlsbad Municipal Code Section 21.04.121 is amended to read as follows: Sept. 1, 2020 Item #6 Page 12 of 103 21.04.121 Dwelling unit, accessory (ADU). Refer to California Government Code Section 65852.2. 9. Section 21.04.122 is added to the Carlsbad Municipal Code as follows: 21.04.122 Dwelling unit, junior accessory (JADU). Refer to California Government Code Section 65852.22. 10. A new use listing for "Junior accessory dwelling unit" is added to the permitted uses tables in the following eight sections of the Carlsbad Municipal Code 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. 21.22.020 Permitted uses, Table A. 21.24.020 Permitted uses, Table A. Use Junior accessory dwelling unit (accessory to a one-family dwelling; subject to Section 21.10.030; defined: Section 21.04.122) 11. The following four sections 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 p CUP Ace X Sept. 1, 2020 Item #6 Page 13 of 103 A. Placement of buildings on any lot shall conform to the following, except as otherwise stated 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. The distance between buildings used for human habitation and between buildings used for human habitation and accessory buildings shall not be less than ten feet; d. 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. The distance between buildings used for human habitation and accessory buildings shall be not less than ten feet, iii. When proposed on a lot adjoining native vegetation, accessory structures within a fire suppression zone must be reviewed and approved by the fire department, iv. Buildings shall not exceed one story, v. 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; e. Habitable detached accessory structures shall comply with all requirements of the zone applicable to placement of a dwelling unit on a lot including setbacks; f. Detached accessory structures which are not dwelling units and contain no habitable space, including, but notlimited 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 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, Sept. 1, 2020 Item #6 Page 14 of 103 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 g. 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. The distance between buildings used for human habitation and between buildings used for human habitation and accessory buildings shall not be less than ten feet; c. 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; d. 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. The distance between buildings used for human habitation and accessory buildings shall be not less than ten feet, iii. When proposed on a lot adjoining native vegetation, accessory structures within a fire suppression zone must be reviewed and approved by the fire department, iv. Buildings shall not exceed one story, v. 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; e. Habitable detached accessory structures shall comply with all requirements of the zone applicable to placement of a dwelling unit on a lot including setbacks; f. 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 and an alley setback of five feet, Sept. 1, 2020 Item #6 Page 15 of 103 Use 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)(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 g. The provisions of this section are applicable notwithstanding the permit requirements contained in Section 18.04.015. 12. In Section 21.09.020 Table A, the use listing for "Accessory dwelling units" is amended to read as follows: p CUP Ace Accessory dwelling unit (subject to Section 21.10.030; defined: Section 21.04.121) X 13. Section 21.09.100 of the Carlsbad Municipal Code is amended to read as follows: 21.09.100 Placement of buildings Placement of buildings on any lot shall conform to the following, except as otherwise stated for accessory dwelling units (or junior accessory dwelling units where permitted) pursuant to Section 21.10.030: (1) Except as permitted by Sections 21.09.080 and 21.09.090, no building shall occupy any portion of a required yard. (2) Any building, any portion of which is used for human habitation, shall observe a distance from any rear property line the equivalent of twice the required interior side yard. (3) The distance between buildings used for human habitation and detached accessory buildings shall not be less than ten feet. (4) The keeping of all domestic animals provided for in this chapter shall conform to all other provisions of law governing the same, and no pen, coop, stable or barn shall be erected within forty feet of any building used for human habitation or within twenty- five feet of any property line. (5) A building permit for a dwelling unit to be located further than five hundred feet from a fire hydrant shall not be issued without the approval of the fire chief. The fire chief Sept. 1, 2020 Item #6 Page 16 of 103 may require the installation of additional safety equipment, including fire hydrants or stand pipes, as a condition of such approval. 14. 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 and 65852.22, local governments have the authority to adopt regulations designed to promote AD Us and JADUs. 8. 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 AD Us 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 and 65852.22. 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 and 65852.22 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 and 65852.22: Sept. 1, 2020 Item #6 Page 17 of 103 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 3. Shall not be considered a dwelling unit when implementing the dwelling unit limitations established by Proposition E enacted by Carlsbad voters on November 4, 1986 and shall not be considered a dwelling unit under the definition of "short-term vacation rental" in Chapter 5.60, Short-Term Vacation Rentals. 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 and 65852.22. 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 and 65852.22. E. Other Requirements and Standards. ADUs and JADUs shall comply with all the following requirements and standards: 1. ADUs and JADUs shall comply with the development requirements and standards of California Government Code Sections 65852.2 and 65852.22. 2. When not in conflict with California Government Code Sections 65852.2 and 65852.22, 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 and 65852.22: a. Attached AD Us -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 Sept. 1, 2020 Item #6 Page 18 of 103 4. A detached ADU shall be limited to one story and 16 feet maximum height, except that an ADU constructed above or below a detached garage shall be permitted and shall conform to the height limits applicable to the zone. Structures that contain an ADU located above or below a detached garage shall be limited to a maximum of two stories including the garage. 5. Roof decks shall not be permitted on detached AD Us. 6. The construction of an ADU or JADU that is all new construction, or is a conversion of a portion or all of an existing structure, or expands the square footage of an existing structure shall be consistent with all habitat preserve buffers and geologic stability setbacks 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 AD Us, 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. 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. No off-street parking is required for a JADU if it meets the requirements specified in California Government Code Section 65852.22. 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. The ADU(s) and/or JADU shall not be used for short-term rentals 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 and/or JADU per California Government Code Section 65852.22 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 Sept. 1, 2020 Item #6 Page 19 of 103 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. G. Conflicting Standards. If there is a conflict between the requirements of this section and the requirements of the California Government Code provisions relating to AD Us and JADUs, including but not limited to Sections 65852.2 or 65852.22, the California Government Code provisions shall apply. 15. The use listing for ''Accessory dwelling unit" in the permitted use tables of the following five sections of the Carlsbad Municipal Code is amended as shown below: 21.12.020 Permitted uses, Table A. 21.16.020 Permitted uses, Table A. 21.18.020 Permitted uses, Table B. 21.22.020 Permitted uses, Table A. 21.24.020 Permitted uses, Table A. Use p CUP Ace Accessory dwelling unit (subject to Section 21.10.030; defined: X Section 21.04.121) 16. Subsections A.7 through A.15 of Section 21.18.030 of the Carlsbad Municipal Code are amended to read as follows: 7. All accessory structures shall comply with the following development standards, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030: a. The lot coverage shall include accessory structures in the lot coverage calculations for the lot; b. The distance between buildings used for human habitation and accessory buildings shall be not less than ten feet; Sept. 1, 2020 Item #6 Page 20 of 103 Use c. When proposed on a lot adjoining native vegetation, accessory structures within a fire suppression zone must be reviewed and approved by the fire department; d. Buildings shall not exceed one story; and e. 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. 8. Habitable detached accessory structures shall comply with all requirements of the zone applicable to placement of a dwelling unit of a lot including setbacks. 9. 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: a. The maximum allowable building area per structure shall not exceed a building coverage of four hundred forty square feet; b. 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; c. 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; and d. The additional development standards listed above (subsections A.10.a. through c. of this section) shall apply to the entire subject accessory structure, not just the portion encroaching into a lot's setback area. 10. The provisions of this section are applicable notwithstanding the permit requirements contained in Section 18.04.015. 11. Other than as provided in subsection 9 above, no building shall be located in any of the required yards. 12. Height Limits. In the R-P zone the maximum building height shall be thirty-five feet. 13. Lot Coverage. In the R-P zone all buildings shall not cover more than sixty percent of the total lot area. 14. Parking Off-Street. Parking shall not be provided in the required front or side yards. 17. The use listing for ''Accessory dwelling unit" in Section 21.20.010 Table A of the Carlsbad Municipal Code is amended to read as follows: p CUP Ace Accessory dwelling unit (subject to Section 21.10.030; defined: X Section 21.04.121) Sept. 1, 2020 Item #6 Page 21 of 103 18. Section 21.20.080 of the Carlsbad Municipal Code is amended to read as follows: 21.20.080 Accessory structures. (1) All accessory structures shall comply with the following development standards, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030: (A) The lot coverage shall include accessory structures in the lot coverage calculations for the lot. (B) The distance between buildings used for human habitation and accessory buildings shall be not less than ten feet. (C) When proposed on a lot adjoining native vegetation, accessory structures within a fire suppression zone must be reviewed and approved by the fire department. (D) Buildings shall not exceed one story. (E) 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. (2) Habitable detached accessory structures shall comply with all requirements of the zone applicable to placement of a dwelling unit on a lot including setbacks. (3) 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: (A) The maximum allowable building area per structure shall not exceed a building coverage of four hundred forty square feet. (B) 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. (C) 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. (D) The additional development standards listed above (subsections {3)(A) through (C) of this section) shall apply to the entire subject accessory structure, not just the portion encroaching into a lot's setback area. Sept. 1, 2020 Item #6 Page 22 of 103 (4) The provisions of this section are applicable notwithstanding the permit requirements contained in Section 18.04.015. 19. Section 21.22.070 of the Carlsbad Municipal Code is amended to read as follows: 21.22.070 Accessory structures. A. All accessory structures shall comply with the following development standards, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030: 1. The lot coverage shall include accessory structures in the lot coverage calculations for the lot; 2. The distance between buildings used for human habitation and accessory buildings shall be not less than ten feet; 3. When proposed on a lot adjoining native vegetation, accessory structures within a fire suppression zone must be reviewed and approved by the fire department; 4. Buildings shall not exceed one story; 5. 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; and B. Habitable detached accessory structures shall comply with all requirements of the zone applicable to placement of a dwelling unit on a lot including setbacks. C. 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: 1. The maximum allowable building area per structure shall not exceed a building coverage of four hundred forty square feet; 2. 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; 3. 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; and 4. The additional development standards listed above (subsections C.1. through 3. of this section) shall apply to the entire subject accessory structure, not just the portion encroaching into a lot's setback area. D. The provisions of this section are applicable notwithstanding the permit requirements contained in Section 18.04.015. Sept. 1, 2020 Item #6 Page 23 of 103 20. Section 21.24.090 of the Carlsbad Municipal Code is amended to read as follows: 21.24.090 Accessory structures. A. All accessory structures shall comply with the following development standards, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030: 1. The lot coverage shall include accessory structures in the lot coverage calculations for the lot; 2. The distance between buildings used for human habitation and accessory buildings shall be not less than ten feet; 3. When proposed on a lot adjoining native vegetation, accessory structures within a fire suppression zone must be reviewed and approved by the fire department; 4. Buildings shall not exceed one story; and 5. 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. B. Habitable detached accessory structures shall comply with all requirements of the zone applicable to placement of a dwelling unit on a lot including setbacks C. 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: 1. The maximum allowable building area per structure shall not exceed a building coverage of four hundred forty square feet; 2. 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; 3. 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; and 4. The additional development standards listed above (subsections D.1. through 3. of this section) shall apply to the entire subject accessory structure, not just the portion encroaching into a lot's setback area. D. The provisions of this section are applicable notwithstanding the permit requirements contained in Section 18.04.015. Sept. 1, 2020 Item #6 Page 24 of 103 21. A new use listing for "Accessory dwelling unit" is added to Table A in the following three sections of the Carlsbad Municipal Code as shown below: 21.26.010 Permitted uses. 21.28.010 Permitted uses. 21.31.030 Permitted uses. Use p CUP Ace Accessory dwelling unit (subject to Section 21.10.030; defined: X Sections 21.04.121} 22. Section 21.38.025 of the Carlsbad Municipal Code is amended to read 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. 23. In Table A of Section 21.44.020 the Carlsbad Municipal Code, the requirements for accessory dwelling units are amended to read follows: 1 space (covered or uncovered}, in addition to the parking required for the Accessory dwelling units primary use; unless otherwise specified in Section 21.10.030 of this code. The additional parking space may be provided through tandem parking on a driveway and may be within the front or side yard setback. 24. In Table C of Section 21.44.060 the Carlsbad Municipal Code, the requirements for accessory dwelling units are amended to read follows: Sept. 1, 2020 Item #6 Page 25 of 103 Same as parking required for primary residential use, with the following exceptions: Accessory dwelling units • May be located in the front or side yard setback; and • May be located as a tandem space on a driveway. • Other parking requirements and exemptions may be applicable pursuant to Section 21.10.030. 25. Section 21.45.090 of the Carlsbad Municipal Code is amended to read follows: 21.45.090 Residential additions and accessory uses. A. General. 1. Additions and accessory uses shall be subject to all applicable development standards of this chapter, unless otherwise specified in this section and except as otherwise permitted for accessory dwelling units or junior accessory dwelling units pursuant to Section 21.10.030. 2. Additions to buildings that are legally nonconforming shall comply with the requirements of Chapter 21.48 of this code. B. One-Family Dwellings and Twin-Homes on Small Lots. 1. Table F lists the provisions for residential additions and accessory uses to one- family dwellings and twin-homes on small lots. 2. The additions and accessory uses listed in Table F shall be subject to the approval/issuance of a building permit. Table F Residential Additions and Accessory Uses to One-Family Dwellings and Twin-Homes on Small Lots Minimum Front Yard Minimum Side and Addition/ Accessory Use Setback Rear Yard Setbacks 10 feet to posts 5 feet to posts Attached/detached patio covers(2l (2-foot overhang (2-foot overhang permitted) permitted) Pool, spa 20 feet 5 feet -pool 2 feet -spa Non-habitable detached accessory 20 feet 5 feet buildings/structures Sept. 1, 2020 Item #6 Page 26 of 103 (e.g., garages, workshops, decks over 30 inches in h eight)(l),(2),(3) Accessory dwelling units or junior accessory 20 feet See 21.10.030 dwelling units(2), (3) Habitable detached accessory buildings Same setbacks as required for the primary (i.e. guest houses; not including accessory dwelling dwelling units) (l), (2), (3), 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. C. Condominium projects. Additions and accessory uses to condominium projects shall be subject to Section 21.45.100 (Amendments to permits). (Ord. CS 324 §§ 2, 23, 2017; Ord. CS-050 § IV, 2009; Ord. NS-834 § II, 2007) 26. Section 21.48.020 of the Carlsbad Municipal Code is amended to read as follows: 21.48.020 Applicability. A. The provisions of this chapter apply to: 1. Legally created lots which do not conform to the current requirements and development standards of the zone in which they are located. 2. Legally constructed structures and site development features that do not comply with the current requirements and development standards of the zone in which they are located. 3. Legally established uses which do not conform to the current permitted use regulations of the zone in which they are located. 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 with an existing 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. Sept. 1, 2020 Item #6 Page 27 of 103 27. Subsections A and 8.1 of Section 21.201.060 of the Carlsbad Municipal Code are amended to read follows: A. For the purposes of subsection B.1 of this section, an existing single-family residential building shall include: 1. All appurtenances and other accessory structures, including decks, directly attached to the residence; 2. Accessory structures or improvements on the property normally associated with residences, such as garages, swimming pools, fences and storage sheds, and junior accessory dwelling units and accessory dwelling units that are attached to or converted from the existing space of a primary residence or attached accessory structure, but not including guest houses or self-contained residential units that are detached from an existing single-family residential building; 3. Landscaping on the lot. B. Exemptions. The following projects are exempt from the requirements of a minor coastal development permit and coastal development permit: 1. Improvements to an existing single-family residential building, except: a. On a beach, wetland or seaward of the mean high tide line; b. Where the residence or proposed improvement would encroach in an environmentally sensitive habitat area or within fifty feet of the edge of a coastal bluff; c. Improvements that would result in an increase of ten percent or more of internal floor area of an existing structure or an additional improvement of ten percent or less where an improvement to the structure had previously been undertaken pursuant to California Public Resources Code Section 30610(a}, or an increase in height by more than ten percent of an existing structure and/or any significant nonattached structure such as garages, fences, shoreline protective works or docks, and such improvements are on property located: i. Between the sea and the first public road paralleling the sea, ii. Within three hundred feet of the inland extent of any beach or ofthe mean high tide of the sea where there is no beach, whichever is the greater distance, or iii. In significant scenic resources areas as designated by the Commission; d. Any significant alteration of land forms including removal or placement of vegetation on a beach, wetland, or sand dune, or within fifty feet of Sept. 1, 2020 Item #6 Page 28 of 103 the edge of a coastal bluff except as provided in subsections B.8, B.9, B.10 and B.11 of this section; e. Expansion or construction of water wells or septic systems; f. Improvements to establish an accessory dwelling unit that is attached to the primary residence, or converted from the existing space of a primary residence or attached accessory structure or a junior accessory dwelling unit within a one-family dwelling where such primary residence or attached accessory structure is nonconforming with respect to habitat preserve buffers or geologic stability setbacks in the certified local coastal program. 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 2020-0006, 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. Ill Ill Ill Ill Ill Sept. 1, 2020 Item #6 Page 29 of 103 INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the 1st day of September, 2020, and thereafter PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the_ day of __ _, 2020, by the following vote, to wit: AYES: NAYS: ABSENT: APPROVED AS TO FORM AND LEGALITY: CELIA A. BREWER, City Attorney MATT HALL, Mayor BARBARA ENGLESON, City Clerk (SEAL) State ADU Law – Areas of Local Discretion State law gives the city limited authority to establish local standards for ADUs, including but not limited to unit size, parking, height, setbacks, landscape, architecture, and to prevent adverse impacts on property that is listed in the California Register of Historic Resources. The table below provides a summary of the level of discretion that a city can apply to local land development standards on accessory dwelling units. Topic City Discretion Description Unit size Limited Local agencies may establish size limits for ADUs, provided the limits are within the range allowed by state law as shown below: Maximum: •Attached Unit: 50% of main dwelling, not less than 800 square feet •Detached Unit: 1,200 square feet Minimum (Maximum): •ADU Studio and 1- bedroom: 850 square feet •ADU 2-Bedroom+: 1,000 square feet Parking Limited Local agencies may impose off-street parking standards on ADUs provided the parking rate does not exceed one space per unit or one space per bedroom, whichever is less. There are exceptions: A local agency cannot require parking if the ADU meets any one of the following: •Located within ½ mile walking distance of public transit •Located within an architecturally and historically significant historic district •A part of the proposed or existing primary residence, or an accessory structure •Located where on-street parking permits are required, but when the ADU occupant is not offered such a permit •Located within one block of a car share vehicle Additionally, a local agency cannot require replacement parking if a garage, carport or covered parking structure is converted into an ADU. Height Limited Local agencies may impose a height limit for detached ADUs provided it is not less than 16 feet. State law is silent with respect to height limits for attached ADUs. Roof decks Full State law is silent on roof decks. Exhibit 3 Sept. 1, 2020 Item #6 Page 30 of 103 Topic City Discretion Description Setbacks Limited Local agencies may impose side and rear yard setbacks provided they are consistent with the following: •For ADUs that involve new construction (attached or detached), a setback of no more than four feet from the side and rear lot lines can be required. •For ADUs that are conversions of existing space, or involve rebuilding a structure in the same location and with the same dimensions as an existing structure, no setback can be required. Local agencies may impose front yard setbacks and have limited discretion to impose additional setbacks for safety or compliance with other state laws such as required habitat buffers. Building separation Full State law is silent on building separation requirements between detached structures on the same lot. Landscape Full State law gives local agencies discretion on landscape requirements. Architecture Full Local agencies may impose architectural requirements provided that the standards can be imposed through a building permit application process (ministerial process). Standards to prevent adverse impacts to property listed in the California Register of Historic Resources Full Local agencies may establish standards that prevent impacts to historic resources. Sept. 1, 2020 Item #6 Page 31 of 103 MCA 2020-0002/ZCA 2020-0002/AMEND 2020-0005/LCPA 2020-0006 – Accessory Dwelling Unit Amendments 2020 Draft revisions to the VBMP and Carlsbad Municipal Code Titles 5 and 21 (Zone Code) A.Proposed amendments to the Carlsbad Village and Barrio Master Plan 1.In Section 2.3.3, Table 2-1 Permitted Uses, the use listing for Accessory Dwelling Unit is proposed to be amended to read as follows: RESIDENTIAL VC VG HOSP FC PT BP BC Accessory Dwelling Unit (accessory to one- family, two-family, multifamily, and mixed- use dwellings; subject to CMC Section 21.10.030; defined: CMC Sections 21.04.121) (accessory to a single one-family dwelling only and provided no other dwellings are on the same lot) A A A A A A A 2.Section 2.3.3, Table 2-1 Permitted Uses is proposed to be amended by the addition of a new use listing for Junior Accessory Dwelling Unit as follows: RESIDENTIAL VC VG HOSP FC PT BP BC Junior Accessory Dwelling Unit (accessory to a one-family dwelling; subject to CMC Section 21.10.030; defined: CMC Sections 21.04.122) A A A A 3.In Section 2.6, Table 2-3, the parking requirements for Accessory Dwelling Unit are proposed to be amended as follows: RESIDENTIAL GENERAL USE PARKING REQUIREMENT Accessory Dwelling Unit • One space, in addition to the parking requirement for the primary use (single, one- family dwelling)dwelling. • Tandem parking is permitted. Parking may be located in the side and rear yard setbacks. • Parking exceptions exist for accessory dwelling units. Refer to CMC Section 21.10.030 ED.10.s Exhibit 4 Sept. 1, 2020 Item #6 Page 32 of 103 4.In Section 2.6, Table 2-3, a new parking requirement for Junior Accessory Dwelling Unit is proposed to be added as follows: RESIDENTIAL GENERAL USE PARKING REQUIREMENT Junior Accessory Dwelling Unit No parking requirement B.Proposed amendments to Title 5 of the Carlsbad Municipal Code 1.The definition of "short-term vacation rental" in Carlsbad Municipal Code Section 5.60.20 is amended to read as follows “Short-term vacation rental” is defined as the rental of any legally permitted dwelling unit as that term is defined in Chapter 21.04, Section 21.04.120 of this code, or any portion of any legally permitted dwelling unit for occupancy for dwelling, lodging or sleeping purposes for a period of less than 30 consecutive calendar days. Time-shares as defined in Chapter 21.04, Section 21.04.357 are not considered a short-term vacation rental. Accessory dwelling units and junior accessory dwelling units as defined in Chapter 21.04, Sections 21.04.121 and 21.04.122, for which a building permit was issued on or after January 1, 2020, are not considered short-term vacation rentals. A trailer coach as defined in Chapter 5.24, Section 5.24.005 of this code, which is parked on the property of a legally permitted dwelling unit, is not considered a short-term vacation rental, and it may not be rented out for occupancy pursuant to Chapter 5.24, Section 5.24.145 of this code. Short-term vacation rental includes any contract or agreement that initially defined the rental term to be greater than 30 consecutive days and which was subsequently amended, either orally or in writing to permit the occupant(s) of the owner’s short-term vacation rental to surrender the subject dwelling unit before the expiration of the initial rental term that results in an actual rental term of less than 30 consecutive days. C.Proposed amendments to Title 21 of the Carlsbad Municipal Code 1.Section 21.04.020 is proposed to be amended as follows: 21.04.020 Accessory. “Accessory” means a building, part of a building or structure, or use which 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 Sept. 1, 2020 Item #6 Page 33 of 103 I “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 and 65852.22, respectively are considered accessory. (Ord. NS-355 § 1, 1996; Ord. 9060 § 203) 2.Section 21.04.121 is proposed to be amended to read as follows: 21.04.121 Dwelling unit, accessory (ADU). A.Accessory dwelling unit means a residential dwelling unit that is all of the following: 1.Located on a lot zoned for residential use, and the lot contains a single one-family dwelling and no other dwelling; and 2.Either detached from or attached to a one-family dwelling, or converted from the existing space of a one-family dwelling or accessory structure; and 3.A dwelling that provides complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. B.If consistent with subsection A of this definition, the following may be considered an accessory dwelling unit: 1.An efficiency unit, as defined in Section 17958.1 of California Health and Safety Code. 2.A manufactured home, as defined in Section 18007 of California Health and Safety Code. Refer to California Government Code Section 65852.2. 3.Section 21.04.122 is proposed to be added as follows: 21.04.122 Dwelling unit, junior accessory (JADU). Refer to California Government Code Section 65852.22. 4.A new use listing for “Junior accessory dwelling unit” is proposed to be added to the permitted uses tables in the following sections 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. Sept. 1, 2020 Item #6 Page 34 of 103 21.22.020 Permitted uses, Table A. 21.24.020 Permitted uses, Table A. Use P CUP Acc Junior accessory dwelling unit (accessory to a one-family dwelling; subject to Section 21.10.030; defined: Section 21.04.122) X 5.The following sections are proposed to be 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 stated 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, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030; c.The distance between buildings used for human habitation and between buildings used for human habitation and accessory buildings shall not be less than ten feet; d.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.The distance between buildings used for human habitation and accessory buildings shall be not less than ten feet, iii.When proposed on a lot adjoining native vegetation, accessory structures within a fire suppression zone must be reviewed and approved by the fire department, iv.Accessory buildings, by definition, do not share a common wall with the main dwelling unit structure, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030, iv.Buildings shall not exceed one story, Sept. 1, 2020 Item #6 Page 35 of 103 ---111 -1 vi.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; e.Accessory dwelling units constructed above detached garages, pursuant to Section 21.10.030 are not subject to the one-story/fourteen-foot height limitation imposed on accessory structures; fe. Habitable detached accessory structures shall comply with all requirements of the zone applicable to placement of a dwelling unit on a lot including setbacks, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030; gf. 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 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)(1)(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 hg. 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.The distance between buildings used for human habitation and between buildings used for human habitation and accessory buildings shall not be less than ten feet; c.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, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030; d.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.The distance between buildings used for human habitation and accessory buildings shall be not less than ten feet, iii.When proposed on a lot adjoining native vegetation, accessory structures within a fire suppression zone must be reviewed and approved by the fire department, Sept. 1, 2020 Item #6 Page 36 of 103 iv.Accessory buildings, by definition, do not share a common wall with the main dwelling unit structure, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030, iv.Buildings shall not exceed one story, vi.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; e.Accessory dwelling units constructed above detached garages, pursuant to Section 21.10.030 are not subject to the one-story/fourteen-foot height limitation imposed on accessory structures; fe. Habitable detached accessory structures shall comply with all requirements of the zone applicable to placement of a dwelling unit on a lot including setbacks, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030; gf. 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 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)(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 hg. The provisions of this section are applicable notwithstanding the permit requirements contained in Section 18.04.015. (Ord. CS 324 § 5, 2017; Ord. NS-718 § 5, 2004) 6.In Section 21.09.020 Table A, the use listing for “Accessory dwelling units” is proposed to be amended to read as follows: Use P CUP Acc Accessory dwelling units (subject to Section 21.10.030; defined: Section 21.04.121) X 7.Section 21.09.100 is proposed to be amended as follows: 21.09.100 Placement of buildings. Sept. 1, 2020 Item #6 Page 37 of 103 1 -I-------=------1-1-1 I Placement of buildings on any lot shall conform to the following, except as otherwise stated for accessory dwelling units (or junior accessory dwelling units where permitted) pursuant to Section 21.10.030: (1)Except as permitted by Sections 21.09.080 and 21.09.090, no building shall occupy any portion of a required yard. (2)Any building, any portion of which is used for human habitation, shall observe a distance from any rear property line the equivalent of twice the required interior side yard, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030. (3)The distance between buildings used for human habitation and detached accessory buildings shall not be less than ten feet. (4)The keeping of all domestic animals provided for in this chapter shall conform to all other provisions of law governing the same, and no pen, coop, stable or barn shall be erected within forty feet of any building used for human habitation or within twenty-five feet of any property line. (5)A building permit for a dwelling unit to be located further than five hundred feet from a fire hydrant shall not be issued without the approval of the fire chief. The fire chief may require the installation of additional safety equipment, including fire hydrants or stand pipes, as a condition of such approval. (Ord. CS 324 § 7, 2017; Ord. 9498 § 4, 1978) 8.Section 21.10.030 is proposed to be repealed and replaced to read as follows (deleted text not shown, only new replacement text is included below): 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 and 65852.22, 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 an application to create an ADU or a JADU within the time period specified under California Government Code Sections 65852.2 and 65852.22. 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 Sept. 1, 2020 Item #6 Page 38 of 103 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 and 65852.22 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 and 65852.22: 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 3.Shall not be considered a dwelling unit when implementing the dwelling unit limitations established by Proposition E enacted by Carlsbad voters on November 4, 1986, and shall not be considered a dwelling unit under the definition of “short-term vacation rental” in Chapter 5.60, Short-Term Vacation Rentals. 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 and 65852.22. 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 and 65852.22. E.Other Requirements and Standards. ADUs and JADUs shall comply with all the following requirements and standards: 1.ADUs and JADUs shall comply with the development requirements and standards of California Government Code Sections 65852.2 and 65852.22. 2.When not in conflict with California Government Code Sections 65852.2 and 65852.22, 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 and 65852.22: 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 Sept. 1, 2020 Item #6 Page 39 of 103 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 and geologic stability setbacks 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.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. No off-street parking is required for a JADU if it meets the requirements specified in California Government Code Section 65852.22. 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.The ADU(s) and/or JADU shall not be used for short-term rentals 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 and/or JADU per California Government Code Section 65852.22 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 Sept. 1, 2020 Item #6 Page 40 of 103 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. G.Conflicting Standards. If there is a conflict between the requirements of this section and requirements of the California Government Code provisions relating to ADUs and JADUs, including but not limited to Sections 65852.2 or 65852.22, the California Government Code provisions shall apply. 9.In the following sections, the use listing for “Accessory dwelling unit” is proposed to be amended as follows: 21.12.020 Permitted uses, Table A. 21.16.020 Permitted uses, Table A. 21.18.020 Permitted uses, Table B. 21.22.020 Permitted uses, Table A. 21.24.020 Permitted uses, Table A. Use P CUP Acc Accessory dwelling unit (accessory to a one-family dwelling only) (subject to Section 21.10.030; defined: Section 21.04.121) X 10.Subsections A.7 through A.15 of Section 21.18.030 are proposed be amended as follows: 21.18.030 Development standards. … 7.All accessory structures shall comply with the following development standards, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030: a.The lot coverage shall include accessory structures in the lot coverage calculations for the lot; b.The distance between buildings used for human habitation and accessory buildings shall be not less than ten feet; c.When proposed on a lot adjoining native vegetation, accessory structures within a fire suppression zone must be reviewed and approved by the fire department; Sept. 1, 2020 Item #6 Page 41 of 103 1 _I ---~11~11 d.Accessory buildings, by definition, do not share a common wall with the main dwelling unit structure, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030; de. Buildings shall not exceed one story; and ef. 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. 8.Accessory dwelling units constructed above detached garages, pursuant to Section 21.10.030 are not subject to the one-story/fourteen-foot height limitation imposed on accessory structures. 89.Habitable detached accessory structures shall comply with all requirements of the zone applicable to placement of a dwelling unit of a lot including setbacks, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030. 910.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: a.The maximum allowable building area per structure shall not exceed a building coverage of four hundred forty square feet; b.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; c.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; and d.The additional development standards listed above (subsections A.10.a. through c. of this section) shall apply to the entire subject accessory structure, not just the portion encroaching into a lot’s setback area. 1011. The provisions of this section are applicable notwithstanding the permit requirements contained in Section 18.04.015. 1112. Except for an accessory structure which is not a dwelling unit and contains no habitable space and complies with the development standards specified in this chapterOther than as provided in subsection 9 above, no building shall be located in any of the required yards, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030. 1213. Height Limits. In the R-P zone the maximum building height shall be thirty-five feet. 1314. Lot Coverage. In the R-P zone all buildings shall not cover more than sixty percent of the total lot area. 1415. Parking Off-Street. Parking shall not be provided in the required front or side yards. (Ord. CS 324 § 13, 2017; Ord. NS-718 § 10, 2004) 11.Section 21.20.010 Table A is proposed to be amended as follows: Sept. 1, 2020 Item #6 Page 42 of 103 ------------- Use P CUP Acc Accessory dwelling units are permitted according to the provisions of Section 21.10.030 of this title on lots which are developed with a detached single-family residence (subject to Section 21.10.030; defined: Section 21.04.121) X 12.Section 21.20.080 is proposed to be amended as follows: 21.20.080 Accessory structures. (1)All accessory structures shall comply with the following development standards, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030: (A)The lot coverage shall include accessory structures in the lot coverage calculations for the lot. (B)The distance between buildings used for human habitation and accessory buildings shall be not less than ten feet. (C)When proposed on a lot adjoining native vegetation, accessory structures within a fire suppression zone must be reviewed and approved by the fire department. (D)Accessory buildings, by definition, do not share a common wall with the main dwelling unit structure, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030. (DE) Buildings shall not exceed one story. (EF) 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. (G)Accessory dwelling units constructed above detached garages, pursuant to Section 21.10.030 are not subject to the one-story/fourteen-foot height limitation imposed on accessory structures. (2)Habitable detached accessory structures shall comply with all requirements of the zone applicable to placement of a dwelling unit on a lot including setbacks, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030. (3)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: (A)The maximum allowable building area per structure shall not exceed a building coverage of four hundred forty square feet. (B)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. (C)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. Sept. 1, 2020 Item #6 Page 43 of 103 (D)The additional development standards listed above (subsections (3)(A) through (C) of this section) shall apply to the entire subject accessory structure, not just the portion encroaching into a lot’s setback area. (4)The provisions of this section are applicable notwithstanding the permit requirements contained in Section 18.04.015. (Ord. CS 324 § 15, 2017; Ord. NS-718 § 12, 2004; Ord. NS-355 § 12, 1996; Ord. NS-243 § 17, 1993; Ord. 13.Section 21.22.070 is proposed to be amended as follows: 21.22.070 Accessory structures. A.All accessory structures shall comply with the following development standards, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030: 1.The lot coverage shall include accessory structures in the lot coverage calculations for the lot; 2.The distance between buildings used for human habitation and accessory buildings shall be not less than ten feet; 3.When proposed on a lot adjoining native vegetation, accessory structures within a fire suppression zone must be reviewed and approved by the fire department; 4.Accessory buildings, by definition, do not share a common wall with the main dwelling unit structure, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030; 45.Buildings shall not exceed one story; 56.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; and 7.Accessory dwelling units constructed above detached garages, pursuant to Section 21.10.030 are not subject to the one-story/fourteen-foot height limitation imposed on accessory structures. B.Habitable detached accessory structures shall comply with all requirements of the zone applicable to placement of a dwelling unit on a lot including setbacks, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030. C.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: 1.The maximum allowable building area per structure shall not exceed a building coverage of four hundred forty square feet; 2.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; Sept. 1, 2020 Item #6 Page 44 of 103 3. 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; and 4. The additional development standards listed above (subsections C.1. through 3. of this section) shall apply to the entire subject accessory structure, not just the portion encroaching into a lot’s setback area. D. The provisions of this section are applicable notwithstanding the permit requirements contained in Section 18.04.015. (Ord. CS 324 § 16, 2017; Ord. NS-718 § 13, 2004) 14. Section 21.24.090 is proposed to be amended as follows: 21.24.090 Accessory structures. A. All accessory structures shall comply with the following development standards, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030: 1. The lot coverage shall include accessory structures in the lot coverage calculations for the lot; 2. The distance between buildings used for human habitation and accessory buildings shall be not less than ten feet; 3. When proposed on a lot adjoining native vegetation, accessory structures within a fire suppression zone must be reviewed and approved by the fire department; 4. Accessory buildings, by definition, do not share a common wall with the main dwelling unit structure, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030; 45. Buildings shall not exceed one story; and 56. 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. B. Accessory dwelling units constructed above detached garages, pursuant to Section 21.10.030 are not subject to the one-story/fourteen-foot height limitation imposed on accessory structures. BC. Habitable detached accessory structures shall comply with all requirements of the zone applicable to placement of a dwelling unit on a lot including setbacks, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030. CD. 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: 1. The maximum allowable building area per structure shall not exceed a building coverage of four hundred forty square feet; 2. 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; Sept. 1, 2020 Item #6 Page 45 of 103 3. 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; and 4. The additional development standards listed above (subsections D.1. through 3. of this section) shall apply to the entire subject accessory structure, not just the portion encroaching into a lot’s setback area. DE. The provisions of this section are applicable notwithstanding the permit requirements contained in Section 18.04.015. (Ord. CS 324 § 17, 2017; Ord. NS-718 § 14, 2004) 15. In Table A of the following sections, a new use listing for “Accessory dwelling unit” is proposed to be added as shown below: 21.26.010 Permitted uses. 21.28.010 Permitted uses. 21.31.030 Permitted uses. Use P CUP Acc Accessory dwelling unit (subject to Section 21.10.030; defined: Sections 21.04.121) X 16. Section 21.38.025 is proposed to be amended as follows: 21.38.025 Accessory dwelling units and junior accessory dwelling units. Accessory dwelling units or junior 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) 17. In Section 21.44.020 Table A, the requirements accessory dwelling units are proposed to be amended as follows: Accessory dwelling units 1 space (covered or uncovered), in addition to the parking required for the primary use (single, one-family dwelling); unless otherwise specified in Section 21.10.030 of this code. Sept. 1, 2020 Item #6 Page 46 of 103 I _- I I 1-1 The additional parking space may be provided through tandem parking on a driveway and may be within the front or side yard setback. 18. In Section 21.44.060 Table C, the requirements for accessory dwelling units are proposed to be amended as follows: Accessory dwelling units Same as parking required for primary residential use, with the following exceptions: • May be located in the front or side yard setback; and • May be located as a tandem space on a driveway. • Other parking requirements and exemptions may be applicable pursuant to Section 21.10.030. 19. Section 21.45.090 is proposed to be amended to read as follows: 21.45.090 Residential additions and accessory uses. A. General. 1. Additions and accessory uses shall be subject to all applicable development standards of this chapter, unless otherwise specified in this section and except as otherwise permitted for accessory dwelling units or junior accessory dwelling units pursuant to Section 21.10.030. 2. Additions to buildings that are legally nonconforming shall comply with the requirements of Chapter 21.48 of this code. B. One-Family Dwellings and Twin-Homes on Small Lots. 1. Table F lists the provisions for residential additions and accessory uses to one-family dwellings and twin-homes on small lots. 2. The additions and accessory uses listed in Table F shall be subject to the approval/issuance of a building permit. 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) Pool, spa 20 feet 5 feet - pool 2 feet - spa Sept. 1, 2020 Item #6 Page 47 of 103 Non-habitable detached accessory buildings/structures (e.g., garages, workshops, decks over 30 inches in height)(1),(2),(3) 20 feet 5 feet Accessory dwelling units or junior accessory dwelling units(2), (3) 20 feet See 21.10.030 Habitable detached accessory buildings (i.e. guest houses; not including accessory dwelling units and accessory dwelling units) (1), (2), (3), (4) 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. C. Condominium projects. Additions and accessory uses to condominium projects shall be subject to Section 21.45.100 (Amendments to permits). (Ord. CS 324 §§ 2, 23, 2017; Ord. CS-050 § IV, 2009; Ord. NS-834 § II, 2007) 20. Section 21.48.020 is proposed to be amended to read as follows: 21.48.020 Applicability A. The provisions of this chapter apply to: 1. Legally created lots which do not conform to the current requirements and development standards of the zone in which they are located. 2. Legally constructed structures and site development features (except for nonconforming signs which are addressed in Section 21.41.130) which do not comply with the current requirements and development standards of the zone in which they are located. 3. Legally established uses which do not conform to the current permitted use regulations of the zone in which they are located. 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 with an existing nonconforming residential structure. Pursuant to California Government Code Section 65852.2, the Sept. 1, 2020 Item #6 Page 48 of 103 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. 21. Subsections A and B.1 of Section 21.201.060 are proposed to be amended to read as follows: 21.201.060 Exemptions and categorical exclusions from minor coastal development permit and coastal development permit procedures. A. For the purposes of subsection B.1 of this section, an existing single-family residential building shall include: 1. All appurtenances and other accessory structures, including decks, directly attached to the residence; 2. Accessory structures or improvements on the property normally associated with residences, such as garages, swimming pools, fences and storage sheds, and junior accessory dwelling units and accessory dwelling units that are attached to or converted from the existing space of a primary residence or attached accessory structure, but not including guest houses or self-contained residential units that are detached from an existing single-family residential building; 3. Landscaping on the lot. B. Exemptions. The following projects are exempt from the requirements of a minor coastal development permit and coastal development permit: 1. Improvements to an existing single-family residential building, including an accessory dwelling unit that is attached to the primary residence, or converted from the existing space of a primary residence or attached accessory structure, except: a. On a beach, wetland or seaward of the mean high tide line; b. Where the residence or proposed improvement would encroach in an environmentally sensitive habitat area or within fifty feet of the edge of a coastal bluff; c. Improvements that would result in an increase of ten percent or more of internal floor area of an existing structure or an additional improvement of ten percent or less where an improvement to the structure had previously been undertaken pursuant California to Public Resources Code Section 30610(a), or an increase in height by more than ten percent of an existing structure and/or any significant nonattached structure such as garages, fences, shoreline protective works or docks, and such improvements are on property located: i. Between the sea and the first public road paralleling the sea, ii. Within three hundred feet of the inland extent of any beach or of the mean high tide of the sea where there is no beach, whichever is the greater distance, or iii. In significant scenic resources areas as designated by the Commission; Sept. 1, 2020 Item #6 Page 49 of 103 d.Any significant alteration of land forms including removal or placement of vegetation on a beach, wetland, or sand dune, or within fifty feet of the edge of a coastal bluff except as provided in subsections B.8, B.9, B.10 and B.11 of this section; e.Expansion or construction of water wells or septic systems; f.Improvements to establish an accessory dwelling unit that is attached to the primary residence, or converted from the existing space of a primary residence or attached accessory structure or a junior accessory dwelling unit within a one-family dwelling where such primary residence or attached accessory structure is nonconforming with respect to habitat preserve buffers or geologic stability setbacks in the certified local coastal program. Sept. 1, 2020 Item #6 Page 50 of 103 State Changes to Existing ADU Regulations Topic City's Existing Regulation New State ADU Law Where ADUs are permitted On lots with an existing or proposed one- family dwelling On lots with an existing or proposed one-family dwelling On lots with existing multifamily dwellings •Up to two detached ADUs •Existing non-livable space (garages, storage etc.) may be converted to ADUs, up to a number equal to 25% of the existing units in the building Junior ADU (JADU) No provision for a JADU (per previous state law, allowing JADUs was optional) JADUs must be allowed by right on a lot with an existing or proposed one-family dwelling. JADUs must be limited to 500 square feet and must be entirely within the space of the main dwelling. JADUs exempt from parking standards Must allow a detached ADU and JADU on the same lot with an existing or proposed one-family dwelling. ADU size Detached ADUs: 640 square feet (s.f.) maximum Maximum size limit for Detached ADUs: •1,200 square feet Minimum (maximum) size limit for either attached or detached ADUs •Studio/one-bedroom – a local ordinance can establish a maximum size that is no less than 850 s.f., but no more than 1,200 s.f. •Two+ bedrooms – a local ordinance can establish a maximum size that is no less than 1,000 s.f. Attached ADUs: Shall not exceed 50% of the living area of the main dwelling, up to 640 s.f. Maximum size limit for Attached ADUs: •50% of the total floor area of the main dwelling, but not less than 800 s.f. Replacement of required parking when converting a garage to an ADU Any loss of required parking for the primary dwelling shall be replaced; may be in any configuration on the lot – covered, uncovered, tandem. When a garage, carport or covered parking structure is demolished or converted in conjunction with construction of an ADU, the city shall not require the lost parking spaces to be replaced. Exhibit 5 Sept. 1, 2020 Item #6 Page 51 of 103 Topic City's Existing Regulation New State ADU Law Permit processing time 120 days after city receives a complete application, per previous state ADU law 60 days after the city receives a complete application, if there is an existing dwelling on the lot. If the ADU application is submitted with an application to build a new primary dwelling, the permit processing shall be the same as required for the primary dwelling. Waiver of standards for lot coverage and ADU size limit as a percentage of the primary residence ADU must meet all applicable standards even if this results in an ADU less than the maximum size allowed Standards for lot coverage or ADU size limit as a percentage of the primary residence must be waived to allow at least an 800 s.f. ADU that provides a 4 ft side and rear setback Maximum height for detached ADUs 14 ft 16 ft Side and rear setbacks Garage conversions – 0 ft ADUs above detached garages –5 ft Other new construction – same as underlying zoning Conversions of existing space (garage, living area or accessory structures) and rebuilds in the same location – 0 ft New construction – 4 ft Owner occupancy requirements Owner must reside in the primary residence or ADU, unless both units are leased to a single lessee Prohibited for ADUs until Jan. 1, 2025. Properties that have a JADU require an owner to reside in the primary residence or the JADU Correction of nonconforming zoning conditions Not required when nonconforming by reason of substandard yards Not required for any nonconforming zoning condition Impact Fees Proportional based on square footage ADUs less than 750 s.f. are exempt, ADUs over 750 s.f. are subject to proportional fees based on square footage Sale of ADU separate from Prohibited An ADU developed by a qualified nonprofit corporation may be sold to a lower income buyer subject to certain criteria Sept. 1, 2020 Item #6 Page 52 of 103 Topic City's Existing Regulation New State ADU Law primary residence Short-term rentals In the Coastal Zone, ADUs may be used as short- term vacation rentals ADUs and JADUs that were issued a building permit on or after January 1, 2020 shall not be used as short-term vacation rentals, including within the Coastal Zone. Sept. 1, 2020 Item #6 Page 53 of 103 Accessory Dwelling Units CD-11 EXHIBIT 6 This information bulletin outlines the state’s development requirements as of Jan. 1, 2020, for constructing accessory dwelling units, often called “ADUs” for short. A complete summary of the regulations can be found on the California Department of Housing and Community Development website, www.hcd.ca.gov. OVERVIEW Aside from traditional market-rate construction, alternative housing types help address home supply and affordability. ADUs can be integrated into existing or proposed single-family residences and at existing multi-family properties in a variety of ways, including converting a portion of an existing house, adding to the existing house, converting an existing garage or storage area, or constructing a new detached structure. ADUs and Junior ADUs offer many benefits: •Low Cost to Build & Affordable-by-Design Units require no public subsidy and cost anywhere from $10,000 for a simple bedroom conversion to $200,000 for a high-end companion unit. •Provides Income to Homeowners Units help create a new income stream, which can helpsupplement the mortgage on the primary residence. •Environmentally Friendly Junior Accessory Dwelling Unit A Junior ADU is like an ADU, but typically smaller and has unique standards. Junior ADUs are attached to the main single-family residential dwelling unit. A separate entrance from the main home is required. 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. Guest House A guest house can be an accessory building for the sole use of people employed on the property or temporary use by guests of the primary residence. A guest house cannot include a kitchen or wet-bar. Guest houses are not ADUs or Junior ADUs, but are regulated as accessory structures. They cannot be rented or used as a separate dwelling unit. Accessory units 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 parents, extended families or both. Traditional larger single-family homes are often not well suited to the demands associated with this new shift in family structure. TYPES OF ACCESSORY UNITS Accessory Dwelling Unit An ADU, sometimes referred to as a second dwelling unit, is an attached or detached 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. A separate entrance from the main home is required. Tiny Houses Tiny houses, sometimes referred to as park model trailers, are not allowed for permanent use on private property. California Health and Safety Code §18009.3 and §18010 consider tiny houses recreational vehicles, not a type of mobile or modular home that has been approved or certified by state for permanent living. ADU DEVELOPMENT STANDARDS Construction of an ADU is allowed “by-right” (meaning you just need a building permit) in zones that allow residential development. They require a building permit and, if the property is located within the Coastal Zone, a minor coastal development permit may be required (with no public hearing). Following are other requirements: Single-Family Residential Locations •One ADU is allowed, either attached to an existing or proposed single-family (main) residence or detached and on the same legal lot as the main residence. Community Development Department | 1635 Faraday Ave. | Carlsbad, CA 92008 | www.carlsbadca.gov Documents Referenced HCD – ADU and JADU Regulations Accessory Dwelling Units, Carlsbad Municipal Code §21.10.030 Sept. 1, 2020 Item #6 Page 54 of 103 ~-•····~ -~ ~I-~ l]l'"'' . . ---··- {city of Carlsbad Informational Bulletin •To qualify for an ADU, the property must have an existing main residence; or the ADU must be constructed concurrently with the main residence. •If attached to the main residence, an ADU shall not exceed 50% of the total floor area of the main residence,or 1,200 square feet, whichever is less. Cities must allow an ADU to be a minimum of 800 square feet. •If detached from the main residence, an ADU is allowed up to 1,200 square feet. •A detached ADU may be combined with a Junior ADUlocated within the existing or proposed main residence. Multi-Family Residential Locations •ADUs may be constructed at existing multi-family buildings as follows: o Two ADUs are allowed if located on a lot that has an existing multi-family building, but are detached from that building; o Existing non-livable space may be converted to ADUs. Examples of areas that can be convertedinclude storage areas and garages. The minimum number of ADUs allowed is one, up to a maximumequal to 25% of the number of existing multi-family units. o Maximum size is limited to 1,200 square feet. All locations •ADUs must meet the California Residential Code for “Efficiency Dwelling Units” and provide a living area of not less than 220 square feet; an additional 100 square feet must be provided for each occupant more than two(CRC§1208.4). A ”living room” is defined as the combined habitable square footage in an ADU dedicated for living, sleeping, eating or cooking. Bathrooms, toilet rooms, closets, halls, storage, or utility space or similar areas are not considered habitable. •An ADU must contain complete independent living facilities, including a permanent kitchen, and separate areas for living and sleeping. •An attached ADU must have a separate entrance from the main residence. •Detached ADUs are limited to one story and 16 feet in height, unless located above or below a garage. •ADU setback standards include the following: o Four-foot minimum setbacks from rear and side- yard property line. Front yard setback and required building separation per zoning standards. o Existing setbacks can be maintained for an existing legal detached garage or existingaccessory structure that is converted to an ADU on a lot with a single-family residence. o 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 perapplicable zoning standards. o Please note: ADU setback separation must meet all applicable fire and safety standards. Parking No additional off-street parking is required for ADUs that meet one of the conditions below; otherwise one space must be provided on-site: •ADU is within half mile walking distance from public transit, which includes bus stops •ADU is within an established historic district •ADU is within an area where on-street parking permits are required, but not offered to the ADU occupants or ADU is located within one block of a car share area. •ADU is part of existing or proposed primary residence or an accessory structure. If the ADU is constructed in conjunction with the demolition of a garage, carport or covered parking structure, or one of these structures is converted to an ADU, the parking space(s) are not required to be replaced. JUNIOR ADU DEVELOPMENT STANDARDS Construction of a Junior ADU is allowed “by-right” provided the following standards are met: •Only allowed on a single-family residence property and limited to one junior ADU. •Must be contained within the existing or proposed main residence or accessory structure. •A maximum of 500 square feet in size. •An efficiency cooking area is required to be within unit. •A separate entrance from the main dwelling unit or accessory unit is required. An internal connection is optional, unless a restroom is shared with the main homewhere an internal connection is required. •No separate water, sewer or power connection required. •No parking is required for a Junior ADU. MANDATORY APPROVAL CRITERIA New state regulations specify criteria for “mandatory approval ADUs/Junior ADUs.” These can be with a single-family residence or multi-family building in zones that allow residential development as described above. If the following additional specific criteria are met and the ADU/Junior ADU is not located within the Coastal Commission’s permit or appeal jurisdiction of the Coastal Zone, then only a building permit is required for approval: Sept. 1, 2020 Item #6 Page 55 of 103 Single-Family Lots with one ADU or Junior ADU with an existing or proposed single-family residence: •Expansion of existing home limited to 150 square feet and is limited to accommodating ingress and egress. •Setbacks shall be sufficient for fire safety. Single-Family Lots with one detached ADU on lots with an existing or proposed single-family residence: •Maximum size of 800 square feet. •Maximum height of 16 feet per city building height calculation method. •Minimum 4-foot side and rear setbacks, front yard setback per the zone. •One Junior ADU within the home may be combined with one ADU. Multi-family Lots with an existing multi-family building as described above: •ADUs converted from non-livable space •Detached ADUs: o Maximum height of 16 feet per city building height calculation method. o Minimum 4-foot side and rear setbacks, front yardsetback per the zone. Additional limits/requirements on mandatory ADUs: •No fire sprinklers for ADU unless required for the primary home. •City cannot require correction of nonconforming zoningconditions, but shall require compliance with building codes. GENERAL STANDARDS FOR ALL ADUS AND JUNIOR ADUS •No minimum lot size is required; however, ADUs must meet other zoning standards for maximum size, maximum lot coverage and minimum open space unless the standards would prevent the construction of an ADUthat is 800 square feet in size, 16 feet in height with four- foot side and rear yard setbacks and compliant with all other development standards. •At single-family locations, the exterior roofing, trim, walls, windows and color palette of the ADU or Junior ADU shall incorporate the same features as the main dwelling unit. •At multi-family locations, the exterior roofing, trim, walls, windows and the color palette of the ADU conversion shall incorporate the same features as the existing building that the ADU would be provided within. Fordetached 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. •ADUs and Junior ADUs shall only be rented for a term of longer than 30 days. ADUs that were issued a building permit prior to January 1, 2020 are exempt from this requirement. •AB 670 states that private restrictions such as Conditions, Covenants and Restrictions (HOA CC&Rs) can no longerrestrict or prohibit ADUs or Junior ADUs. ADU PERMIT REQUIREMENTS •ADUs require review and approval of a building permit application and may require review and approval of a minor coastal development permit application (if located in the Coastal Zone). The coastal development permit does not require a hearing. •If there is an existing dwelling unit on the property, the city has 60 days from the date of a complete application to approve the ADU/Junior ADU application. Otherwise, the permit is automatically “deemed approved.” •An ADU/Junior ADU associated with a new primary dwelling unit shall follow the permit process timeline of the main permit. •Applicable floor plans of the existing main residence, existing accessory structures, and multi-family structures shall be provided for the attached ADU in addition to any other application submittal requirements. •Applicants must provide mathematical computations of the applicable "floor area" for existing/proposed units. •The project site may require other types of approvals (apart from the ADU approval), depending on the existingand 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. FEES •Plan check and inspection fees apply. •No impact fees are charged by the city 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 (example – plan check or inspection by the other agencies) – please verify in terms of applicability. •Impact fees for an ADU more than 750 square feet are charged proportionately in relation to the square footage of the primary dwelling unit. (For example: If you have a proposed 1,000 square feet ADU, and you have an existing 2,000 square foot primary dwelling unit, youwould be charged 50% on an equivalent basis). •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 Uniform Plumbing Code. Sept. 1, 2020 Item #6 Page 56 of 103 Item No. Application complete date: n/a P.C. AGENDA OF:June 17, 2020 Project Planner: Corey Funk Project Engineer: n/a SUBJECT: ZCA 2020-0002/AMEND 2020-0005/LCPA 2020-0006 – ACCESSORY DWELLING UNIT AMENDMENTS 2020 – Request for a recommendation to approve amendments to the Zone Code, Village and Barrio Master Plan 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 Planning Commission Resolution No. 7374 RECOMMENDING APPROVAL of Zone Code Amendment ZCA 2020-0002, Village and Barrio Master Plan Amendment AMEND 2020-0005 and Local Coastal Program Amendment LCPA 2020-0006, based on the findings contained therein. II.PROJECT DESCRIPTION AND BACKGROUND This project is a city-initiated amendment to the Zone Code, Village and Barrio Master Plan 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 Code is the Local Coastal Program implementing ordinance; therefore, an amendment to the Zone Code is an amendment to the Local Coastal Program. A. State Law To respond to the current state housing crisis, the California State Legislature passed a series of bills (Assembly Bill 68, Assembly Bill 881 and Senate Bill 13) 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 the following topics: •Where ADUs are permitted •Requirement to allow junior ADUs •ADU size limitations •Loss of parking when a garage is converted to an ADU •Permit process time reduced •No short-term rental of ADUs 3 EXHIBIT 7 Sept. 1, 2020 Item #6 Page 57 of 103 0 Additional changes to other sections of state law related to ADUs were made by the following bills: •Assembly Bill 670: Homeowners associations must allow ADUs and JADUs. •Assembly Bill 671: Housing elements shall incentivize and promote the creation of ADUs at all income levels. •Assembly Bill 587: Allows a nonprofit to separately convey title to ADUs subject to specific criteria. The new legislation (Attachment 3) went into effect January 1, 2020 and pre-empts all local ordinances that do not comply with the new standards. Cities are expected to update their local ordinances to comply with the state legislation. If cities fail to conform their local ordinances, the new state laws automatically apply, and applicants are permitted to develop ADUs and JADUs under the state legislation. The new state law also includes a requirement for the California Department of Housing and Community Development to review the city’s ADU ordinance for compliance with state law. If the ordinance is found to be out of compliance, the attorney general can enforce compliance; in such case, the city would be given a 30-day right to cure or state findings to support the ordinance. Table 1 in the Analysis section below provides a detailed comparison of the city's existing ADU regulations 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 changes/updates to our local code. As such, the proposed ordinance focuses more on the city’s ADU permit processing requirements and standards that state law gives the city the authority to establish, while deferring to the 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 information bulletin (Attachment 4), which describes the different types of ADUs, relevant development standards, permit requirements and fees. The information bulletin is provided to the Planning Commission as informational material, no action is requested. Staff can update the information bulletin as needed due to future changes to state law. Amendments are also required for Title 5 of the Municipal Code to prohibit the use of ADUs and JADUs as short-term vacation rentals. Although amendments to other Municipal Code titles are not subject to Planning Commission review, they are included with the proposed ordinance in Exhibit A of Attachment 1 and in the strikeout/underline version of the proposed amendments in Attachment 2. III.ANALYSIS A. Proposed Changes to Existing ADU regulations Sept. 1, 2020 Item #6 Page 58 of 103 As noted above, Table 1 compares the city's existing ADU regulations to the new state law. Also, the proposed amendments to the Zone Code are provided in strikethrough/underline format (Attachment 2). Table 1: Changes to Existing ADU Regulations Topic City's Existing Regulation New State ADU Law Where ADUs are permitted On lots with an existing or proposed one-family dwelling On lots with an existing or proposed one- family dwelling On lots with existing multifamily dwellings •Up to two detached ADUs •Existing non-livable space (garages, storage etc.) may be converted to ADUs, up to a number equal to 25% of the existing units in the building Junior ADU (JADU) No provision for a JADU (per previous state law, allowing JADUs was optional) JADUs must be allowed by right on a lot with an existing or proposed one-family dwelling. JADUs must be limited to 500 square feet and must be entirely within the space of the main dwelling. JADUs exempt from parking standards Must allow a detached ADU and JADU on the same lot with an existing or proposed one-family dwelling. ADU size Detached ADUs: 640 square feet (s.f.) maximum Detached ADUs: •Studio/one-bedroom - a local ordinance can establish a maximum size that is no less than 850 s.f., but no more than 1,200 s.f. •Two+ bedrooms - a local ordinance can establish a maximum size that is no less than 1,000 s.f., but no more than 1,200 s.f. Attached ADUs: Shall not exceed 50% of the living area of the main dwelling, up to 640 s.f. Attached ADUs: •Studio/one-bedroom - a local ordinance can establish a maximum size that is 50% of the total floor area of the main dwelling or 850 s.f., whichever is less, but not less than 800 s.f. •Two+ bedrooms - a local ordinance can establish a maximum size that is 50% of the total floor area of the main dwelling or 1,000 s.f., whichever is less, but not less than 800 s.f. Sept. 1, 2020 Item #6 Page 59 of 103 Topic City's Existing Regulation New State ADU Law Replacement of required parking when converting a garage to an ADU Any loss of required parking for the primary dwelling shall be replaced; may be in any configuration on the lot - covered, uncovered, tandem. When a garage, carport or covered parking structure is demolished or converted in conjunction with construction of an ADU, the city shall not require the lost parking spaces to be replaced. Permit processing time 120 days after city receives a complete application, per previous state ADU law 60 days after the city receives a complete application, if there is an existing dwelling on the lot. If the ADU application is submitted with an application to build a new primary dwelling, the permit processing shall be the same as required for the primary dwelling. Waiver of standards for lot coverage and ADU size limit as a percentage of the primary residence ADU must meet all applicable standards even if this results in an ADU less than the maximum size allowed Standards for lot coverage or ADU size limit as a percentage of the primary residence must be waived to allow at least an 800 sf ADU that provides a 4 ft side and rear setback Maximum height for detached ADUs 14 ft 16 ft Side and rear setbacks Garage conversions – 0 ft ADUs above detached garages – 5 ft Other new construction – same as underlying zoning Conversions of existing space (garage, living area or accessory structures) and rebuilds in the same location – 0 ft New construction – 4 ft Owner occupancy requirements Owner must reside in the primary residence or ADU, unless both units are leased to a single lessee Prohibited for ADUs until Jan. 1, 2025. Properties that have a JADU require an owner to reside in the primary residence or the JADU Correction of nonconforming zoning conditions Not required when nonconforming by reason of substandard yards Not required for any nonconforming zoning condition Impact Fees Proportional based on square footage ADUs less than 750 sf are exempt, ADUs over 750 sf are subject to proportional fees based on square footage Sale of ADU separate from primary residence Prohibited An ADU developed by a qualified nonprofit corporation may be sold to a lower income buyer subject to certain criteria Sept. 1, 2020 Item #6 Page 60 of 103 Topic City's Existing Regulation New State ADU Law Short-term rentals In the Coastal Zone, ADUs may be used as short-term vacation rentals ADUs created after January 1, 2020, shall not be used as short-term vacation rentals, including within the Coastal Zone. All of the provisions of state law are required to be implemented by the city. State law does give the city the authority to establish standards for ADUs, including maximum size of a unit, parking, height, setbacks, landscape, architecture, and 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 The city can establish the maximum size of an ADU within certain limits, as described in Table 1, above. For detached ADUs, staff recommends using the lower limit of the state's maximum size range - 850 square feet for studio/one-bedroom units and 1,000 square feet for units with two or more bedrooms; and in the case of attached ADUs, a maximum of 50% of the floor area of the primary dwelling, if less than 850/1,000 square feet, but no less than 800 square feet. The purpose of limiting the size of ADUs to the lower limit of the state's maximum size range is to minimize potential impacts that an ADU may have to neighborhood compatibility, particularly in single-family neighborhoods. Attachment 5 includes a letter from Rincon Homes requesting that the city consider allowing detached ADUs up to 1,200 square feet, which is the maximum allowed by state law. •Parking The proposed Zone Code amendments are consistent with state law, which includes a new parking provision regarding garage/carport conversions/demolitions, as described in Table 1, above. All other existing ADU parking requirements are recommended to be retained. •Height State law requires that the height limit for a detached ADU be no less than 16 feet. The proposed ordinance deletes the city's existing height limit of 14 feet for a detached ADU and adds reference to state law for the required height limit. Height limits for attached ADUs and ADUs above detached garages remain the same. Also, the city's existing standard that prohibits roof decks on ADUs will remain. •Setbacks The proposed Zone Code amendments are consistent with state law, which includes narrower setbacks than currently required by the city, as described in Table 1 above. Existing required setbacks for habitat buffers, fire and geologic safety remain applicable. Sept. 1, 2020 Item #6 Page 61 of 103 •Landscape No changes are proposed to the city's existing landscape requirements for ADUs. 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. •Architecture The city's existing architecture requirements for ADUs, which require consistency with the primary dwelling, remain the same and now are applicable to ADUs in a multifamily development. •Prevent Adverse Impacts to Property Listed in the California Register of Historic Resources 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 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, 2020. 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 General Plan, as demonstrated below: 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. Sept. 1, 2020 Item #6 Page 62 of 103 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 2020-0006 is required for consistency with Zone Code Amendment ZCA 2020-0002. 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 regarding accessory dwelling units in a single-family or multifamily residential zone to implement Section 65852.2 of the Government Code. ATTACHMENTS: 1.Planning Commission Resolution No. 7374 a.Exhibit A – Draft City Council Ordinance 2.Proposed text changes to the Carlsbad Municipal Code and Village and Barrio Master Plan shown in strikeout/underline format 3.State law relating to accessory dwelling units and junior accessory dwelling units 4.Information Bulletin Accessory Dwelling Units 5.Letter from Rincon Homes Sept. 1, 2020 Item #6 Page 63 of 103 State Law Relating to Accessory Dwelling Units and Junior Accessory Dwelling Units Senate Bill 13 and Assembly Bills 68, 587, 670, 671 and 881 amended or added the following sections of state law relating to accessory dwelling units and junior accessory dwelling units: Government Code Sections: 65583(c)(7), 65852.2, 65852.22 and 65852.26 Health and Safety Code Sections: 17980.12 and 50504.5 Civil Code Section: 4751 These sections of state law are attached to this cover sheet as a reference. Sept. 1, 2020 Item #6 Page 64 of 103 ARTICLE 10.6. Housing Elements [65580 - 65589.11] ( Article 10.6 added by Stats. 1980, Ch. 1143.) 65583(c) … (7)Develop a plan that incentivizes and promotes the creation of accessory dwelling units that can be offered at affordable rent, as defined in Section 50053 of the Health and Safety Code, for very low, low-, or moderate-income households. For purposes of this paragraph, “accessory dwelling units” has the same meaning as “accessory dwelling unit” as defined in paragraph (4) of subdivision (i) of Section 65852.2. Web link: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV&sectionNum=65583 Sept. 1, 2020 Item #6 Page 65 of 103 ~ eL~ \~ · 7 LEGISLATIVE r FORMATIO 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 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 Historic 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)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. Sept. 1, 2020 Item #6 Page 66 of 103 (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. (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. (2)The ordinance shall not be considered in the application of any local ordinance, policy, or program to limit residential growth. (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 act on 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 dwelling on the lot, the permitting agency may delay acting on the permit application for the accessory dwelling unit or the junior accessory dwelling unit until the permitting agency acts 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. A local agency may charge a fee to reimburse it for costs incurred to implement this paragraph, Sept. 1, 2020 Item #6 Page 67 of 103 including the costs of adopting or amending any ordinance that provides for the creation of an accessory dwelling unit. (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 on 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)  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 subparagraph (B), a local agency may require an applicant for a permit issued pursuant to this subdivision to be an owner-occupant or that the property be used for rentals of terms longer than 30 days. (B)Notwithstanding subparagraph (A), a local agency shall not impose an owner-occupant requirement on an accessory dwelling unit permitted between January 1, 2020, to January 1, 2025, during which time the local agency was prohibited from imposing an owner-occupant requirement. (7)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. (8)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)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 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 act on 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 dwelling on the lot, the permitting Sept. 1, 2020 Item #6 Page 68 of 103 agency may delay acting on the permit application for the accessory dwelling unit or the junior accessory dwelling unit until the permitting agency acts 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 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 acted upon the completed application within 60 days, the application shall be deemed approved. (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, 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 accessory dwelling units in accordance with subdivision (a), shall not impose parking standards for an accessory 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 on-street 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: Sept. 1, 2020 Item #6 Page 69 of 103 (A)One accessory dwelling unit or 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 may 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 (6) 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 water treatment system, a percolation test completed within the last five years, or, if the percolation test has been recertified, within the last 10 years. Sept. 1, 2020 Item #6 Page 70 of 103 (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 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. (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 Sept. 1, 2020 Item #6 Page 71 of 103 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. Sept. 1, 2020 Item #6 Page 72 of 103 (6)“Neighborhood” has the same meaning as set forth in Section 65589.5. (A)An efficiency unit, as defined in Section 17958.1 of the Health and Safety Code. (B)A manufactured home, as defined in Section 18007 of the Health and Safety Code. (7)“Nonconforming zoning condition” means a physical improvement on a property that does not conform with current zoning standards. (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)“Proposed dwelling” means a dwelling that is the subject of a permit application and that meets the requirements for permitting. (10)“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. (11)“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) below, 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. (o)This section shall become operative on January 1, 2025. (Repealed (in Sec. 1.5) and added by Stats. 2019, Ch. 659, Sec. 2.5. (AB 881) Effective January 1, 2020. Section operative January 1, 2025, by its own provisions.) Sept. 1, 2020 Item #6 Page 73 of 103 State of California GOVERNMENT CODE Section 65852.22 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. (5)Require a permitted junior accessory dwelling to include a separate entrance from the main entrance to the proposed or existing single-family residence. (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)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 Sept. 1, 2020 Item #6 Page 74 of 103 hearing. The permitting agency shall act on the application to create 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 a junior accessory dwelling unit is submitted with a permit application to create a new single-family dwelling on the lot, the permitting agency may delay acting on the permit application for the junior accessory dwelling unit until the permitting agency acts on the permit application to create the new single-family dwelling, but the application to create 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. (d)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. (e)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. (f)This section shall not be construed to prohibit a local agency from adopting an ordinance or regulation, related to parking or 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. (g)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. (h)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 facilities, or may share sanitation facilities with the existing structure. (2)“Local agency” means a city, county, or city and county, whether general law or chartered. (Amended by Stats. 2019, Ch. 655, Sec. 2. (AB 68) Effective January 1, 2020.) Sept. 1, 2020 Item #6 Page 75 of 103 State of California GOVERNMENT CODE Section 65852.26 65852.26. (a)  Notwithstanding clause (i) of subparagraph (D) of paragraph (1) of subdivision (a) of Section 65852.2, a local agency may, by ordinance, allow an accessory dwelling unit to be sold or conveyed separately from the primary residence to a qualified buyer if all of the following apply: (1)The property was built or developed by a qualified nonprofit corporation. (2)There is an enforceable restriction on the use of the land pursuant to a recorded contract between the qualified buyer and the qualified nonprofit corporation that satisfies all of the requirements specified in paragraph (10) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code. (3)The property is held pursuant to a recorded tenancy in common agreement that includes all of the following: (A)The agreement allocates to each qualified buyer an undivided, unequal interest in the property based on the size of the dwelling each qualified buyer occupies. (B)A repurchase option that requires the qualified buyer to first offer the qualified nonprofit corporation to buy the property if the buyer desires to sell or convey the property. (C)A requirement that the qualified buyer occupy the property as the buyer’s principal residence. (D)Affordability restrictions on the sale and conveyance of the property that ensure the property will be preserved for low-income housing for 45 years for owner-occupied housing units and will be sold or resold to a qualified buyer. (4)A grant deed naming the grantor, grantee, and describing the property interests being transferred shall be recorded in the county in which the property is located. A Preliminary Change of Ownership Report shall be filed concurrently with this grant deed pursuant to Section 480.3 of the Revenue and Taxation Code. (5)Notwithstanding subparagraph (A) of paragraph (2) of subdivision (f) of Section 65852.2, if requested by a utility providing service to the primary residence, the accessory dwelling unit has a separate water, sewer, or electrical connection to that utility. (b)For purposes of this section, the following definitions apply: (1)“Qualified buyer” means persons and families of low or moderate income, as that term is defined in Section 50093 of the Health and Safety Code. (2)“Qualified nonprofit corporation” means a nonprofit corporation organized pursuant to Section 501(c)(3) of the Internal Revenue Code that has received a welfare exemption under Section 214.15 of the Revenue and Taxation Code for properties Sept. 1, 2020 Item #6 Page 76 of 103 intended to be sold to low-income families who participate in a special no-interest loan program. (Added by Stats. 2019, Ch. 657, Sec. 1. (AB 587) Effective January 1, 2020.) Sept. 1, 2020 Item #6 Page 77 of 103 State of California HEALTH AND SAFETY CODE Section 17980.12 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)The enforcement agency shall grant an application described in paragraph (2) if the enforcement 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. (4)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 (3). (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. (Added by Stats. 2019, Ch. 653, Sec. 3. (SB 13) Effective January 1, 2020. Repealed as of January 1, 2035, by its own provisions.) Sept. 1, 2020 Item #6 Page 78 of 103 State of California HEALTH AND SAFETY CODE Section 50504.5 50504.5. (a)  The department shall develop by December 31, 2020, a list of existing state grants and financial incentives for operating, administrative, and other expenses in connection with the planning, construction, and operation of an accessory dwelling unit with affordable rent, as defined in Section 50053, for very low, low-, and moderate-income households. (b)The list shall be posted on the department’s internet website by December 31, 2020. (c)For purposes of this section, “accessory dwelling unit” has the same meaning as defined in paragraph (4) of subdivision (i) of Section 65852.2 of the Government Code. (Added by Stats. 2019, Ch. 658, Sec. 2. (AB 671) Effective January 1, 2020.) Sept. 1, 2020 Item #6 Page 79 of 103 State of California CIVIL CODE Section 4751 4751. (a)  Any covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of any interest in a planned development, and any provision of a governing document, that either effectively prohibits or unreasonably restricts the construction or use of an accessory dwelling unit or junior accessory dwelling unit on a lot zoned for single-family residential use that meets the requirements of Section 65852.2 or 65852.22 of the Government Code, is void and unenforceable. (b)This section does not apply to provisions that impose reasonable restrictions on accessory dwelling units or junior accessory dwelling units. For purposes of this subdivision, “reasonable restrictions” means restrictions that do not unreasonably increase the cost to construct, effectively prohibit the construction of, or extinguish the ability to otherwise construct, an accessory dwelling unit or junior accessory dwelling unit consistent with the provisions of Section 65852.2 or 65852.22 of the Government Code. (Added by Stats. 2019, Ch. 178, Sec. 2. (AB 670) Effective January 1, 2020.) Sept. 1, 2020 Item #6 Page 80 of 103 From: Kevin Dunn <kdunn@rincongrp.com> Sent: Monday, April 6, 2020 10:51 AM To: Don Neu <Don.Neu@carlsbadca.gov>; Teri Delcamp <Teri.Delcamp@carlsbadca.gov>; Corey Funk <Corey.Funk@carlsbadca.gov>; Tom St.Clair <tstclair@rincongrp.com> Subject: Detached ADU's Don and Teri I hope this email finds you and your families to be healthy and safe. What an unprecedented time we are currently living though. I don't know about you, but I don't seem to be quite as efficient working from home. I'm sure it has something to do with my 3 young boys running around the house all day. Last year, we (Rincon Homes) started business planning for ways to be able to offer smaller scale residential rental properties to the community rather than provide only "for sale" homes. Because of this, we started tracking the proposed ADU bills at the state level closely and have spent a considerable amount of time researching the new state ADU guidelines and the new information recently disseminated by the Coastal Commission. Last week, we had a conversation with Corey Funk regarding the new ADU guidelines. Corey was extremely helpful and mentioned that staff is proposing Carlsbad's new ADU guidelines to the planning commission very soon. I would like to take a moment to discuss one topic in which the City of Carlsbad has the autonomy to implement its own guidelines--the size of the detached ADU. According to the state, the detached ADU shall not exceed 1200 SF for 2+ bedrooms. To ensure maximum tenant affordability as well as diversity of the city's ADU tenant mix, we believe the planning department should consider allowing the maximum unit size for the detached ADU to be 1,200 SF. The below reasons and attached documents will help you understand how we have come to that conclusion. Affordability A 1,000 SF detached ADU, will max out with 2 bedrooms and 2 bathrooms. Whereas, a 1,200 SF detached ADU, will max out with 3 bedrooms and 2 bathrooms. Obviously, overall rent for a two bedroom unit will be less than a three bedroom unit - seemingly more affordable. However, with a deeper look, you will see this is not necessarily true. A price per bedroom for a three bedroom will be much more affordable. We pulled all of the Carlsbad rental comps available in the MLS over the last 12 months (see attachments). The average rental rate per bedroom for a 2 bed/2 bath unit is $1,380. The average rental rate per bedroom for a 3 bed/2 bath is $1,112. That equates to a 19.4% discount when renting the 3rd bedroom. We believe this discount will be even greater for a detached ADU because Sept. 1, 2020 Item #6 Page 81 of 103 almost all of the 3 bedroom options for rent in Carlsbad are single family homes. These will rent for more than a detached ADU. By allowing up to 1200 SF, you do not prevent someone from building a smaller unit (in fact most lots in Carlsbad wouldn't be able to fit a 1,200 sf detached ADU), however, you do allow the opportunity for families in specific circumstances to take advantage of a more affordable or necessary option by having a 3 bedroom unit. Financially Feasible In certain economic situations it will only make financial sense to build a 3 bedroom unit for property owners. When factoring in all the infrastructure and build costs, certain circumstances won't make it financially feasible based upon the market rents. For example, some properties will require longer undergrounding runs for utilities and more grading - these additional costs can only be absorbed by knowing you can achieve a higher rent from a three bedroom unit. Inclusionary Allowing 1,200 sf, will not prohibit someone from building a 850 or 1,000 sf unit who's specific needs require a 1 or 2 bedroom ADU. We would argue most property owners will still opt for the 1 or 2 bedroom options due to lot size constraints. However, maxing out the allowable square footage at 1,000, would exclude many young or multi-generational families that would like an ADU living option but require three bedrooms (kids rooms, home office, etc.). A 3 bedroom detached ADU is a great middle ground between a 3 bedroom apartment (very difficult to find) and a 3 bedroom single family home. If the goal is to incentivize the development of more affordable units, we strongly believe allowing the maximum SF for detached ADU's should be 1200 SF. I appreciate you taking the time to consider our thoughts. I can make myself available almost anytime for a call with you to discuss in more detail if needed. Thanks again and stay safe, Kevin Dunn Rincon Homes Principal 5315 Avenida Encinas, Suite 200, Carlsbad, CA 92008 p: 949.637.3254 | e: kdunn@rincongrp.com | w: www.rincon-homes.com CA DRE #01996419 Sept. 1, 2020 Item #6 Page 82 of 103 Sept. 1, 2020 Item #6 Page 83 of 103 Sept. 1, 2020 Item #6 Page 84 of 103 Sept. 1, 2020 Item #6 Page 85 of 103 Information Provided Courtesy Search Criteria DRE LIC#: CA Caitlin A Petrush 01757241 760-707-7372 Rincon Homes, Inc. - Office: 888-357-3553 ©CRMLS and ©SDMLS. Information is believed to be accurate, but shall not be relied Area (Minor)=92008,92009,92010 ,92011 AND Class=RT AND Off Market Date=04/01/2019-06/06/2004/03/2020 CMA Summary Report RESIDENTIAL RENTAL Summary Statistics High Low Average Median LP:$6,495 $2,100 $3,364 $3,147 SP:$6,000 $2,100 $3,335 $3,197 RESIDENTIAL RENTAL - Active Number of Properties: 4 Num MLS #Type Address Address 2 ZipArea Beds TotB PrcRfl EstSF DOM LP LP/EstSF 1 200011941 Twinhome 3057 Ocean St CARLSBAD (92008)3 2 Monthly 1,550 24 $6,495 $4.19 2 200012420 All Other Attached 6125 Paseo Ensillar CARLSBAD (92009)3 2 Monthly 1,044 22 $2,395 $2.29 3 190065602 All Other Attached 7051 Estrella De Mar Rd.70 CARLSBAD (92009)3 2 Monthly 1,783 106 $2,800 $1.57 4 200015141 Detached 2707 Southampton Rd CARLSBAD (92010)3 2 Monthly 1,345 4 $3,000 $2.23 Avg 3 2 1430 39 $3,673 $2.57 Min 3 2 1044 4 $2,395 $1.57 Max 3 2 1783 106 $6,495 $4.19 Med 3 2 1447 23 $2,900 $2.26 RESIDENTIAL RENTAL - Rented Number of Properties: 38 Num MLS #Type Address Address 2 ZipArea Beds TotB EstSF PrcRfl OffMktDateEstSF DOM LP LP/EstSF SP SP/EstSF 1 190036150All Other Attached 810 Home Ave CARLSBAD (92008)3 2 1,200 Monthly 8/6/2019 1,200 36 $2,795 $2.33 $2,795 $2.33 2 190055176Detached 4823 Neblina Dr CARLSBAD (92008)3 2 1,902 Monthly 11/18/2019 1,902 42 $2,995 $1.57 $2,995 $1.57 3 200012909Detached 1982 E Pointe CARLSBAD (92008)3 2 1,442 Monthly 3/18/2020 1,442 4 $3,100 $2.15 $3,100 $2.15 4 190036154All Other Attached 2741 Madison Street CARLSBAD (92008)3 2 1,750 Monthly 9/24/2019 1,750 85 $3,195 $1.83 $3,195 $1.83 5 190058548All Other Attached 2038 Avenue Of The Trees CARLSBAD (92008)3 2 1,700 Monthly 11/4/2019 1,700 10 $3,500 $2.06 $3,500 $2.06 6 190058742Detached 2550 Gregory CARLSBAD (92008)3 2 1,400 Monthly 11/13/2019 1,400 16 $3,800 $2.71 $3,800 $2.71 7 170051779Detached 5016 Tierra Del Oro CARLSBAD (92008)3 2 1,973 Monthly 6/6/2019 1,973 610 $4,000 $2.03 $4,000 $2.03 8 190022760Detached 3525 Garfield CARLSBAD (92008)3 2 1,769 Monthly 5/16/2019 1,769 20 $6,000 $3.39 $6,000 $3.39 9 190066043Townhome 2903 Rancho Posta CARLSBAD (92009)3 2 1,156 Monthly 12/31/2019 1,156 4 $2,450 $2.12 $2,450 $2.12 Sept. 1, 2020 Item #6 Page 86 of 103 Information Provided Courtesy Search Criteria DRE LIC#: CA Caitlin A Petrush 01757241 760-707-7372 Rincon Homes, Inc. - Office: 888-357-3553 ©CRMLS and ©SDMLS. Information is believed to be accurate, but shall not be relied Area (Minor)=92008,92009,92010 ,92011 AND Class=RT AND Off Market Date=04/01/2019-06/06/2004/03/2020 10 190055594Twinhome 2286 Levante Street B CARLSBAD (92009)3 2 1,250 Monthly 10/14/2019 1,250 5 $2,675 $2.14 $2,675 $2.14 11 190046558All Other Attached 7310 Alta Vista CARLSBAD (92009)3 2 1,566 Monthly 8/27/2019 1,566 6 $2,695 $1.72 $2,695 $1.72 12 190052575Townhome 6169 Paseo Granito CARLSBAD (92009)3 2 1,140 Monthly 10/8/2019 1,140 15 $2,700 $2.37 $2,700 $2.37 13 200006119Townhome 2556 LUCIERNAGA ST CARLSBAD (92009)3 2 1,369 Monthly 2/14/2020 1,369 8 $2,700 $1.97 $2,700 $1.97 14 190054041Twinhome 2821 Cebu Pl CARLSBAD (92009)3 2 1,340 Monthly 11/25/2019 1,340 55 $2,750 $2.05 $2,800 $2.09 15 190056931Twinhome 2286 Levante Street B CARLSBAD (92009)3 2 1,250 Monthly 11/14/2019 1,250 29 $2,795 $2.24 $2,795 $2.24 16 200010002All Other Attached 7310 Alta Vista CARLSBAD (92009)3 2 1,566 Monthly 3/20/2020 1,566 21 $2,795 $1.78 $2,795 $1.78 17 190052400All Other Attached 3127 Vista Rica CARLSBAD (92009)3 2 1,566 Monthly 11/12/2019 1,566 52 $2,995 $1.91 $2,995 $1.91 18 190044837Detached 2745 La Gran Via CARLSBAD (92009)3 2 1,712 Monthly 9/30/2019 1,712 49 $3,400 $1.99 $3,400 $1.99 19 190029077Detached 6416 Cayenne Lane CARLSBAD (92009)3 2 1,830 Monthly 7/1/2019 1,830 34 $3,500 $1.91 $3,500 $1.91 20 190066036Detached 7245 carpa ct. 7245 carpa ct. CARLSBAD (92009)3 2 2,000 Monthly 1/12/2020 2,000 16 $3,500 $1.75 $3,600 $1.80 21 190061757All Other Attached 2530 Navarra Dr B CARLSBAD (92009)3 2 1,865 Monthly 12/28/2019 1,865 43 $3,500 $1.88 $3,500 $1.88 22 190029982Detached 3080 Paseo Estribo CARLSBAD (92009)3 2 1,901 Monthly 7/3/2019 1,901 33 $3,695 $1.94 $3,695 $1.94 23 190041862Detached 7603 Primavera Way CARLSBAD (92009)3 2 1,936 Monthly 8/23/2019 1,936 25 $3,775 $1.95 $3,775 $1.95 24 190011102Detached 3021 Segovia Way CARLSBAD (92009)3 2 2,122 Monthly 4/22/2019 2,122 51 $4,000 $1.89 $4,000 $1.89 25 190015125Detached 2251 Paseo Saucedal CARLSBAD (92009)3 2 1,963 Monthly 4/7/2019 1,963 18 $4,250 $2.17 $4,250 $2.17 26 200012965Detached 2251 Paseo Saucedal CARLSBAD (92009)3 2 1,963 Monthly 3/15/2020 1,963 1 $4,350 $2.22 $4,350 $2.22 27 190053061Detached 2544 La Costa Ave CARLSBAD (92009)3 2 2,428 Monthly 11/12/2019 2,428 49 $4,975 $2.05 $4,975 $2.05 28 190027095Manufactured/Mobile Home 5228 Don Valdez Drive CARLSBAD (92010)3 2 1,344 Monthly 6/28/2019 1,344 43 $2,100 $1.56 $2,100 $1.56 29 190049583All Other Attached 2716 Via Plato CARLSBAD (92010)3 2 1,104 Monthly 9/16/2019 1,104 10 $2,525 $2.29 $2,525 $2.29 30 190015130All Other Attached 2866 Englewood Way CARLSBAD (92010)3 2 1,362 Monthly 4/12/2019 1,362 22 $2,695 $1.98 $2,695 $1.98 31 190052589All Other Attached 2804 Winthrop Ave CARLSBAD (92010)3 2 1,362 Monthly 12/30/2019 1,362 100 $2,700 $1.98 $2,700 $1.98 32 190057625Townhome 2810 Via Cascada CARLSBAD (92010)3 2 1,104 Monthly 1/10/2020 1,104 81 $2,750 $2.49 $2,750 $2.49 33 190057520Detached 3604 Kingston St CARLSBAD (92010)3 2 1,996 Monthly 12/16/2019 1,996 58 $3,100 $1.55 $3,100 $1.55 34 190029137Detached 2768 Avalon Ave.CARLSBAD (92010)3 2 1,600 Monthly 6/6/2019 1,600 10 $3,200 $2.00 $3,200 $2.00 35 190065342Detached 1735 Catalpa Road CARLSBAD (92011)3 2 1,559 Monthly 1/11/2020 1,559 25 $3,200 $2.05 $3,200 $2.05 36 190065279Detached 1749 Mallow Court CARLSBAD (92011)3 2 1,653 Monthly 1/19/2020 1,653 34 $3,500 $2.12 $3,500 $2.12 37 190021353Detached 1038 Turnstone CARLSBAD (92011)3 2 2,400 Monthly 4/27/2019 2,400 8 $3,950 $1.65 $3,950 $1.65 38 190043339Detached 1851 Tule Ct CARLSBAD (92011)3 2 1,512 Monthly 8/15/2019 1,512 10 $4,000 $2.65 $4,000 $2.65 Avg 3 2 1633 1633 45 $3,332 $2.06 $3,336 $2.07 Min 3 2 1104 1104 1 $2,100 $1.55 $2,100 $1.55 Max 3 2 2428 2428 610 $6,000 $3.39 $6,000 $3.39 Sept. 1, 2020 Item #6 Page 87 of 103 Information Provided Courtesy Search Criteria DRE LIC#: CA Caitlin A Petrush 01757241 760-707-7372 Rincon Homes, Inc. - Office: 888-357-3553 ©CRMLS and ©SDMLS. Information is believed to be accurate, but shall not be relied Area (Minor)=92008,92009,92010 ,92011 AND Class=RT AND Off Market Date=04/01/2019-06/06/2004/03/2020 Med 3 2 1583 1583 25 $3,197 $2.02 $3,197 $2.02 Sept. 1, 2020 Item #6 Page 88 of 103 I I I I I I I I I I I I I I From:Gary Nessim To:Planning Subject:PC meeting item #4 ADUs Date:Wednesday, June 17, 2020 9:32:32 AM ADU maximum allowable sf should be 1200sf as the State of California suggests. Don’t you want your kids to be able to live in Carlsbad? Each unit needs a kitchen and bathroom, the most expensive components. Restraining the size unnecessarily raises the cost per square foot and makes for moreexpensive affordable housing! Gary Nessim First Team Real Estate500 Grand Avenue Carlsbad, CA 92008760 519-5556 . . . CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. Sept. 1, 2020 Item #6 Page 89 of 103 From: Planning <Planning@CarlsbadCA.gov> Sent: Wednesday, June 17, 2020 10:57 AM To: Planning Commission <PlanningCommission@CarlsbadCA.gov> Cc: Corey Funk <Corey.Funk@carlsbadca.gov>; Don Neu <Don.Neu@carlsbadca.gov>; Ronald Kemp <Ronald.Kemp@carlsbadca.gov> Subject: FW: PC meeting item #4 ADUs From: Gary Nessim <garynessim@att.net> Sent: Wednesday, June 17, 2020 9:32 AM To: Planning <Planning@CarlsbadCA.gov> Subject: PC meeting item #4 ADUs ADU maximum allowable sf should be 1200sf as the State of California suggests. Don’t you want your kids to be able to live in Carlsbad? Each unit needs a kitchen and bathroom, the most expensive components. Restraining the size unnecessarily raises the cost per square foot and makes for more expensive affordable housing! Gary Nessim First Team Real Estate 500 Grand Avenue Carlsbad, CA 92008 760 519-5556 EXHIBIT 8 Sept. 1, 2020 Item #6 Page 90 of 103 From: Kevin Dunn <kdunn@rincongrp.com> Sent: Monday, April 6, 2020 10:51 AM To: Don Neu <Don.Neu@carlsbadca.gov>; Teri Delcamp <Teri.Delcamp@carlsbadca.gov>; Corey Funk <Corey.Funk@carlsbadca.gov>; Tom St.Clair <tstclair@rincongrp.com> Subject: Detached ADU's Don and Teri I hope this email finds you and your families to be healthy and safe. What an unprecedented time we are currently living though. I don't know about you, but I don't seem to be quite as efficient working from home. I'm sure it has something to do with my 3 young boys running around the house all day. Last year, we (Rincon Homes) started business planning for ways to be able to offer smaller scale residential rental properties to the community rather than provide only "for sale" homes. Because of this, we started tracking the proposed ADU bills at the state level closely and have spent a considerable amount of time researching the new state ADU guidelines and the new information recently disseminated by the Coastal Commission. Last week, we had a conversation with Corey Funk regarding the new ADU guidelines. Corey was extremely helpful and mentioned that staff is proposing Carlsbad's new ADU guidelines to the planning commission very soon. I would like to take a moment to discuss one topic in which the City of Carlsbad has the autonomy to implement its own guidelines--the size of the detached ADU. According to the state, the detached ADU shall not exceed 1200 SF for 2+ bedrooms. To ensure maximum tenant affordability as well as diversity of the city's ADU tenant mix, we believe the planning department should consider allowing the maximum unit size for the detached ADU to be 1,200 SF. The below reasons and attached documents will help you understand how we have come to that conclusion. Affordability A 1,000 SF detached ADU, will max out with 2 bedrooms and 2 bathrooms. Whereas, a 1,200 SF detached ADU, will max out with 3 bedrooms and 2 bathrooms. Obviously, overall rent for a two bedroom unit will be less than a three bedroom unit - seemingly more affordable. However, with a deeper look, you will see this is not necessarily true. A price per bedroom for a three bedroom will be much more affordable. We pulled all of the Carlsbad rental comps available in the MLS over the last 12 months (see attachments). The average rental rate per bedroom for a 2 bed/2 bath unit is $1,380. The average rental rate per bedroom for a 3 bed/2 bath is $1,112. That equates to a 19.4% discount when renting the 3rd bedroom. We believe this discount will be even greater for a detached ADU because Sept. 1, 2020 Item #6 Page 91 of 103 almost all of the 3 bedroom options for rent in Carlsbad are single family homes. These will rent for more than a detached ADU. By allowing up to 1200 SF, you do not prevent someone from building a smaller unit (in fact most lots in Carlsbad wouldn't be able to fit a 1,200 sf detached ADU), however, you do allow the opportunity for families in specific circumstances to take advantage of a more affordable or necessary option by having a 3 bedroom unit. Financially Feasible In certain economic situations it will only make financial sense to build a 3 bedroom unit for property owners. When factoring in all the infrastructure and build costs, certain circumstances won't make it financially feasible based upon the market rents. For example, some properties will require longer undergrounding runs for utilities and more grading - these additional costs can only be absorbed by knowing you can achieve a higher rent from a three bedroom unit. Inclusionary Allowing 1,200 sf, will not prohibit someone from building a 850 or 1,000 sf unit who's specific needs require a 1 or 2 bedroom ADU. We would argue most property owners will still opt for the 1 or 2 bedroom options due to lot size constraints. However, maxing out the allowable square footage at 1,000, would exclude many young or multi-generational families that would like an ADU living option but require three bedrooms (kids rooms, home office, etc.). A 3 bedroom detached ADU is a great middle ground between a 3 bedroom apartment (very difficult to find) and a 3 bedroom single family home. If the goal is to incentivize the development of more affordable units, we strongly believe allowing the maximum SF for detached ADU's should be 1200 SF. I appreciate you taking the time to consider our thoughts. I can make myself available almost anytime for a call with you to discuss in more detail if needed. Thanks again and stay safe, Kevin Dunn Rincon Homes Principal 5315 Avenida Encinas, Suite 200, Carlsbad, CA 92008 p: 949.637.3254 | e: kdunn@rincongrp.com | w: www.rincon-homes.com CA DRE #01996419 Sept. 1, 2020 Item #6 Page 92 of 103 Sept. 1, 2020 Item #6 Page 93 of 103 Sept. 1, 2020 Item #6 Page 94 of 103 Sept. 1, 2020 Item #6 Page 95 of 103 Information Provided Courtesy Search Criteria DRE LIC#: CA Caitlin A Petrush 01757241 760-707-7372 Rincon Homes, Inc. - Office: 888-357-3553 ©CRMLS and ©SDMLS. Information is believed to be accurate, but shall not be relied Area (Minor)=92008,92009,92010 ,92011 AND Class=RT AND Off Market Date=04/01/2019-06/06/2004/03/2020 CMA Summary Report RESIDENTIAL RENTAL Summary Statistics High Low Average Median LP:$6,495 $2,100 $3,364 $3,147 SP:$6,000 $2,100 $3,335 $3,197 RESIDENTIAL RENTAL - Active Number of Properties: 4 Num MLS #Type Address Address 2 ZipArea Beds TotB PrcRfl EstSF DOM LP LP/EstSF 1 200011941 Twinhome 3057 Ocean St CARLSBAD (92008)3 2 Monthly 1,550 24 $6,495 $4.19 2 200012420 All Other Attached 6125 Paseo Ensillar CARLSBAD (92009)3 2 Monthly 1,044 22 $2,395 $2.29 3 190065602 All Other Attached 7051 Estrella De Mar Rd.70 CARLSBAD (92009)3 2 Monthly 1,783 106 $2,800 $1.57 4 200015141 Detached 2707 Southampton Rd CARLSBAD (92010)3 2 Monthly 1,345 4 $3,000 $2.23 Avg 3 2 1430 39 $3,673 $2.57 Min 3 2 1044 4 $2,395 $1.57 Max 3 2 1783 106 $6,495 $4.19 Med 3 2 1447 23 $2,900 $2.26 RESIDENTIAL RENTAL - Rented Number of Properties: 38 Num MLS #Type Address Address 2 ZipArea Beds TotB EstSF PrcRfl OffMktDateEstSF DOM LP LP/EstSF SP SP/EstSF 1 190036150All Other Attached 810 Home Ave CARLSBAD (92008)3 2 1,200 Monthly 8/6/2019 1,200 36 $2,795 $2.33 $2,795 $2.33 2 190055176Detached 4823 Neblina Dr CARLSBAD (92008)3 2 1,902 Monthly 11/18/2019 1,902 42 $2,995 $1.57 $2,995 $1.57 3 200012909Detached 1982 E Pointe CARLSBAD (92008)3 2 1,442 Monthly 3/18/2020 1,442 4 $3,100 $2.15 $3,100 $2.15 4 190036154All Other Attached 2741 Madison Street CARLSBAD (92008)3 2 1,750 Monthly 9/24/2019 1,750 85 $3,195 $1.83 $3,195 $1.83 5 190058548All Other Attached 2038 Avenue Of The Trees CARLSBAD (92008)3 2 1,700 Monthly 11/4/2019 1,700 10 $3,500 $2.06 $3,500 $2.06 6 190058742Detached 2550 Gregory CARLSBAD (92008)3 2 1,400 Monthly 11/13/2019 1,400 16 $3,800 $2.71 $3,800 $2.71 7 170051779Detached 5016 Tierra Del Oro CARLSBAD (92008)3 2 1,973 Monthly 6/6/2019 1,973 610 $4,000 $2.03 $4,000 $2.03 8 190022760Detached 3525 Garfield CARLSBAD (92008)3 2 1,769 Monthly 5/16/2019 1,769 20 $6,000 $3.39 $6,000 $3.39 9 190066043Townhome 2903 Rancho Posta CARLSBAD (92009)3 2 1,156 Monthly 12/31/2019 1,156 4 $2,450 $2.12 $2,450 $2.12 Sept. 1, 2020 Item #6 Page 96 of 103 Information Provided Courtesy Search Criteria DRE LIC#: CA Caitlin A Petrush 01757241 760-707-7372 Rincon Homes, Inc. - Office: 888-357-3553 ©CRMLS and ©SDMLS. Information is believed to be accurate, but shall not be relied Area (Minor)=92008,92009,92010 ,92011 AND Class=RT AND Off Market Date=04/01/2019-06/06/2004/03/2020 10 190055594Twinhome 2286 Levante Street B CARLSBAD (92009)3 2 1,250 Monthly 10/14/2019 1,250 5 $2,675 $2.14 $2,675 $2.14 11 190046558All Other Attached 7310 Alta Vista CARLSBAD (92009)3 2 1,566 Monthly 8/27/2019 1,566 6 $2,695 $1.72 $2,695 $1.72 12 190052575Townhome 6169 Paseo Granito CARLSBAD (92009)3 2 1,140 Monthly 10/8/2019 1,140 15 $2,700 $2.37 $2,700 $2.37 13 200006119Townhome 2556 LUCIERNAGA ST CARLSBAD (92009)3 2 1,369 Monthly 2/14/2020 1,369 8 $2,700 $1.97 $2,700 $1.97 14 190054041Twinhome 2821 Cebu Pl CARLSBAD (92009)3 2 1,340 Monthly 11/25/2019 1,340 55 $2,750 $2.05 $2,800 $2.09 15 190056931Twinhome 2286 Levante Street B CARLSBAD (92009)3 2 1,250 Monthly 11/14/2019 1,250 29 $2,795 $2.24 $2,795 $2.24 16 200010002All Other Attached 7310 Alta Vista CARLSBAD (92009)3 2 1,566 Monthly 3/20/2020 1,566 21 $2,795 $1.78 $2,795 $1.78 17 190052400All Other Attached 3127 Vista Rica CARLSBAD (92009)3 2 1,566 Monthly 11/12/2019 1,566 52 $2,995 $1.91 $2,995 $1.91 18 190044837Detached 2745 La Gran Via CARLSBAD (92009)3 2 1,712 Monthly 9/30/2019 1,712 49 $3,400 $1.99 $3,400 $1.99 19 190029077Detached 6416 Cayenne Lane CARLSBAD (92009)3 2 1,830 Monthly 7/1/2019 1,830 34 $3,500 $1.91 $3,500 $1.91 20 190066036Detached 7245 carpa ct. 7245 carpa ct. CARLSBAD (92009)3 2 2,000 Monthly 1/12/2020 2,000 16 $3,500 $1.75 $3,600 $1.80 21 190061757All Other Attached 2530 Navarra Dr B CARLSBAD (92009)3 2 1,865 Monthly 12/28/2019 1,865 43 $3,500 $1.88 $3,500 $1.88 22 190029982Detached 3080 Paseo Estribo CARLSBAD (92009)3 2 1,901 Monthly 7/3/2019 1,901 33 $3,695 $1.94 $3,695 $1.94 23 190041862Detached 7603 Primavera Way CARLSBAD (92009)3 2 1,936 Monthly 8/23/2019 1,936 25 $3,775 $1.95 $3,775 $1.95 24 190011102Detached 3021 Segovia Way CARLSBAD (92009)3 2 2,122 Monthly 4/22/2019 2,122 51 $4,000 $1.89 $4,000 $1.89 25 190015125Detached 2251 Paseo Saucedal CARLSBAD (92009)3 2 1,963 Monthly 4/7/2019 1,963 18 $4,250 $2.17 $4,250 $2.17 26 200012965Detached 2251 Paseo Saucedal CARLSBAD (92009)3 2 1,963 Monthly 3/15/2020 1,963 1 $4,350 $2.22 $4,350 $2.22 27 190053061Detached 2544 La Costa Ave CARLSBAD (92009)3 2 2,428 Monthly 11/12/2019 2,428 49 $4,975 $2.05 $4,975 $2.05 28 190027095Manufactured/Mobile Home 5228 Don Valdez Drive CARLSBAD (92010)3 2 1,344 Monthly 6/28/2019 1,344 43 $2,100 $1.56 $2,100 $1.56 29 190049583All Other Attached 2716 Via Plato CARLSBAD (92010)3 2 1,104 Monthly 9/16/2019 1,104 10 $2,525 $2.29 $2,525 $2.29 30 190015130All Other Attached 2866 Englewood Way CARLSBAD (92010)3 2 1,362 Monthly 4/12/2019 1,362 22 $2,695 $1.98 $2,695 $1.98 31 190052589All Other Attached 2804 Winthrop Ave CARLSBAD (92010)3 2 1,362 Monthly 12/30/2019 1,362 100 $2,700 $1.98 $2,700 $1.98 32 190057625Townhome 2810 Via Cascada CARLSBAD (92010)3 2 1,104 Monthly 1/10/2020 1,104 81 $2,750 $2.49 $2,750 $2.49 33 190057520Detached 3604 Kingston St CARLSBAD (92010)3 2 1,996 Monthly 12/16/2019 1,996 58 $3,100 $1.55 $3,100 $1.55 34 190029137Detached 2768 Avalon Ave.CARLSBAD (92010)3 2 1,600 Monthly 6/6/2019 1,600 10 $3,200 $2.00 $3,200 $2.00 35 190065342Detached 1735 Catalpa Road CARLSBAD (92011)3 2 1,559 Monthly 1/11/2020 1,559 25 $3,200 $2.05 $3,200 $2.05 36 190065279Detached 1749 Mallow Court CARLSBAD (92011)3 2 1,653 Monthly 1/19/2020 1,653 34 $3,500 $2.12 $3,500 $2.12 37 190021353Detached 1038 Turnstone CARLSBAD (92011)3 2 2,400 Monthly 4/27/2019 2,400 8 $3,950 $1.65 $3,950 $1.65 38 190043339Detached 1851 Tule Ct CARLSBAD (92011)3 2 1,512 Monthly 8/15/2019 1,512 10 $4,000 $2.65 $4,000 $2.65 Avg 3 2 1633 1633 45 $3,332 $2.06 $3,336 $2.07 Min 3 2 1104 1104 1 $2,100 $1.55 $2,100 $1.55 Max 3 2 2428 2428 610 $6,000 $3.39 $6,000 $3.39 Sept. 1, 2020 Item #6 Page 97 of 103 Information Provided Courtesy Search Criteria DRE LIC#: CA Caitlin A Petrush 01757241 760-707-7372 Rincon Homes, Inc. - Office: 888-357-3553 ©CRMLS and ©SDMLS. Information is believed to be accurate, but shall not be relied Area (Minor)=92008,92009,92010 ,92011 AND Class=RT AND Off Market Date=04/01/2019-06/06/2004/03/2020 Med 3 2 1583 1583 25 $3,197 $2.02 $3,197 $2.02 Sept. 1, 2020 Item #6 Page 98 of 103 I I I I I I I I I I I I I I EXHIBIT 9 Sept. 1, 2020 Item #6 Page 99 of 103 PLANNING COMMISSION RESOLUTION NO.7374 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AMENDMENTS TO THE ZONE CODE, VILLAGE AND BARRIO MASTER PLAN 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 2020 CASE NO: ZCA 2020-0002/AMEND 2020-0005/LCPA 2020-0006 WHEREAS, the City Planner has prepared amendments to the Zone Code, Village and Barrio Master Plan 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 Village and Barrio Master Plan; and WHEREAS, the proposed amendment is set forth in the draft City Council Ordinance, Exhibit A dated, June 17, 2020, and attached hereto ZCA2020-0002/AMEND 2020-0005/LCPA 2020- 0006 ACCESSORY DWELLING UNIT AMENDMENTS 2020; and WHEREAS, California Coastal Commission Regulations require a six-week public review period for any amendment to the Local Coastal Program; and WHEREAS, on May 20, 2020, the Airport Land Use Commission reviewed and found that the proposed Zone Code Amendment are consistent with the adopted McClellan-Palomar Airport Land Use Compatibility Plan; and WHEREAS, the Planning Commission did on June 17, 2020, 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 Sept. 1, 2020 Item #6 Page 100 of 103 the Zone Code Amendment, Village and Barrio Master Plan Amendment and Local Coastal Program Amendment. 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 May 15, 2020 and ending on June 26, 2020, 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 AMENDMENT 2020 - ZCA2020-0002/AMEND 2020-0005/LCPA 2020-0006, based on the following findings: Findings: 1. That the proposed amendments to the Zone Code ZCA 2020-0002 and Village and Barrio Master Plan AMEND 2020-0005 are 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. Th_at the proposed amendments reflect sound planning principles, in that it amends the Zone Code and Village and Barrio Master Plan 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. PC RESO NO. 7374 -2- Sept. 1, 2020 Item #6 Page 101 of 103 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 au 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 Village and Barrio Master Plan and state accessory dwelling unit regulations; and the amendments do not conflict with any coastal zone regulations, land use designations or policies, with which development must comply. 5. That the proposed amendment to the Carlsbad Local Coastal Program is required to bring it into consistency with the proposed Zone Code Amendment ZCA 2016-0001. 6. That 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 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 June 17, 2020, by the following vote, to wit: AYES: Commissioners Geidner, Lafferty, Luna, Meenes, and Stine NOES: Chair Anderson, and Commissioner Merz ABSENT: ABSTAIN: VELYN ANDERSON, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU City Planner PC RESO NO. 7374 -3- EXHIBIT 10 Sept. 1, 2020 Item #6 Page 102 of 103 Planning Commission Minutes June 17, 2020 Page4 ACTION: Motion by Commissioner Geidner, seconded by Commissioner Meenes, to adopt Resolution No. 7375 as amended. Motion carried, 7 /0. 3. ZCA 2020-0002/AMEND 2020-0005/LCPA 2020-0006 -ACCESSORY DWELLING UNIT AMENDMENTS 2020 -Request for a recommendation to approve amendments to the Zone Code, Village and Barrio Master Plan 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. City Planner Neu introduced Agenda Item 3 and stated Associate Planner Funk would make the staff presentation (on file in the Planning Division). Associate Planner Funk gave the staff presentation. Commissioner Stine asked for additional information on why staff is recommending 1,000 square feet as a maximum size and what neighboring cities are allowing. Specifically, Encinitas and Vista. Associate Planner Funk stated that larger units may be built closer to neighbors, larger units increase demand for parking, and generally larger units accommodate more people. He stated the intent on recommending the smaller size is to balance the existing neighborhood's desire for compatibility and the need to provide affordable housing. He stated that Encinitas and Vista are both allowing up to 1,200 square feet. Escondido and Del Mar have drafts for 850-1,000. He stated the rest of the cities in the county are proposing up to 1,200 square feet. City Planner Neu added that in previous years the city had lax standards covering accessory structures and some were being built to the property lines. He stated at one poi_nt the city council directed staff to review the standards to ensure compatibility in neighborhoods were being met and new standards for accessory structure were adopted. Commissioner Stine suggested a compromise where studio and one bedroom units would be capped at 1,000 and two or three bedroom units would have the 1,200 square foot cap. Associate Planner Funk stated that staff would support that if that is what the commission decided. He stated staff would also support 1,200 square feet across the board to simplify things suggesting the one size limit would be easier for staff and the public to understand and implement. Chair Anderson asked if there were any members of the public w ho wished to speak on the project. Seeing none, she opened and closed public testimony at 5:27 p.m. Commissioner Lafferty asked if stock plans would be provided with this proposal. She stated the smaller cap of 1,000 may be good in certain areas of the city, such as the barrio, where the lot sizes are smaller. She asked what fire safety was being considered w ith the reduced setbacks. Associate Planner Funk stated that stock plans were not being developed at this time. He stated that could be something considered with the housing element update. He stated that the same fire building safety codes would apply to an accessory unit as if it were a main building. Sept. 1, 2020 Item #6 Page 103 of 103 Planning Commission Minutes June 17, 2020 Page 5 Commissioner Lafferty stated it is concerning that there are no additional fire safety measures being considered when increasing density. She stated concern that a 60 day permit process will be difficult other agencies to meet, such as SDG&E. City Planner Neu stated the 60 day permit process set out by the state is intended to limit the time frame that local jurisdictions have to act on the permit. Chair Anderson stated that in her experience as a real estate agent, that the larger the unit the more expensive it will be to rent. She stated larger units will not be affordable. She stated in her recent search on rentals, a 700 square foot two-bedroom condo was renting for $1,700. She stated a larger detached until in a private area will exceed an amount that would qualify under the cities allocated RHNA numbers. She stated she is strongly opposed to increasing the staff recommendation of 1,000 square feet. Assistant City .Attorney Kemp stated that part of the intent of ADU' sis to increase housing stock, not solely for affordability. · Associate Planner Funk confirmed that the only time an accessory dwelling unit would be required to be an affordable unit is when a developer is using the unit as part of their inclusionary requirement. Commissioner Merz stated he supports staffs recommendation for a maximum size of 1,000 square feet. He stated the reduction in parking could adversely impact neighborhoods and he agrees that a smaller unit respects the character and compatibility of neighborhoods. Commissioners Luna, Geidner, Meenes and Stine, stated support for the larger maximum size of 1,200 square feet. The supporting factors include additional housing stock, housing for elderly and extended family, simplifying the permit process by allowing a maximum size across the board, and allowing free market to dictate the size. ACTION: Motion by Commissioner Meenes, seconded by Commissioner Stine, to adopt Resolution No. 7374 as amended. Motion carried, 5/2 (Commissioner Anderson and Merz no). 4. ZCA 2020-0001/LCPA 2020-0005 -DENSITY BONUS AMENDMENTS 2020 -Request for a recommendation to approve a Zone Code Amendment and Local Coastal Program Amendment to update the city's density bonus regulations to· reflect changes in state law. The city planner has determined that the amendments are exempt from the ~alifornia Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) because the amendments do no~ have the potential to cause a significant effect on the environment. City Planner Neu introduced Agenda Item 4 and stated Associate Planner Funk would make the staff presentation (on file in the Planning Division). Associate Planner Funk gave the staff presentation. ACTION: Motion by Commissioner Luna, seconded by Commissioner Meenes, to adopt Resolution No. 7373. Motion carried, 7 /0. NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you, because your interest may be affected, that the City Council of the City of Carlsbad will hold a public hearing at the Council Chamber, 1200 Carlsbad Village Drive, Carlsbad, Cafifornia, at 3:00 p.m. on Tuesday, Sept. 1, 2020 to consider approving amendments to the Zone Code, Village and Barrio Master Plan and Local Coastal Program to ensure consistency with state law related to accessory dwelling units and junior accessory dwelling units, and more particularly described as: AN ORDINAN_CE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING AMENDMENTS TO THE CARLSBAD MUNICIPAL CODE CHAPTER 5.60 (SHORT-TERM VACATION RENTALS) TO ENSURE CONSISTENCY WITH STATE LAW RELATED TO ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING AMENDMENTS TO TITLE 21 OF THE CARLSBAD MUNICIPAL CODE (ZONE CODE), VILLAGE AND BARRIO MASTER PLAN AND LOCAL COASTAL PROGRAM TO ENSURE CONSISTENCY WITH STATE LAW RELATED TO ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS. Whereas, on June 17, 2020, the City of Carlsbad Planning Commission voted 5/2 to recommend approval of amendments to the Zone Code, Village and Barrio Master Plan 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. Copies of the staff report will be available on and after August 28, 2020. If you have any questions, please contact Corey Funk in the Planning Division at (760) 602-4645 or Corey.Funk@carlsbadca.gov. Individuals wishing to speak on this proposal are cordially invited to participate in this public hearing. Per State of California Executive Order N-29-20, and in the interest of public health and safety, we are temporarily taking actions to prevent and mitigate the effects of the COVID-19 pandemic by holding City Council and other public meetings electronically or by teleconferencing. The meeting can be viewed online at www.carlsbadca.gov or on the city's cable channel. The Carlsbad City Council welcomes your participation. Du ring the COVID-19 public health emergency, the city has provided two easy ways for community members to provide comments during a City Council meeting: Verbally Sign up to provide verbal comments by phone by filling out an on line registration form by 2 p.m. the day of the meeting. You will receive a confirmation message with instruction about how to call into the meeting. In writing E-mail your comments to clerk@carlsbadca.gov. Emails received by 2 p.m. will be provided to the City Council prior to the start of the meeting. Other comments will be included with the meeting record. Emailed comments will not be read out loud during the meeting. Please indicate the agenda item number in your email subject line. If you challenge the amendments to the Zone Code, Village and Barrio Master Plan and Local Coastal Program you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad, Attn: City Clerk's Office, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, at or prior to the public hearing. CASE FILE: CASE NAME: PUBLISH: MCA 2020-0001/ZCA 2020-0002/AMEND 2020-0005/LCPA 2020-0006 ACCESSORY DWELLING UNIT AMENDMENTS 2020 August 21, 2020 CITY OF CARLSBAD CITY COUNCIL 5160® AXELSON & CORN ATTORNEYS AT LAW SUITE 201 160 CHESTERFIELD DRIVE ENCINITAS CA 92007 CA COASTAL COMMISSION SUITE 103 7575 METROPOLITAN DRIVE SAN DIEGO CA 92108 CHANNEL ISLANDS NATL PARK SUPERINTENDENT'S OFFICE 1901 SPINNAKER DRIVE VENTURA CA 93001 COUNTY OF SD SUPERVISOR ROOM 335 1600 PACIFIC SAN DIEGO CA 92101 DEPT OF HOUSING & URBAN DEV REGION IX ENVIRONMENTAL OFFICER 300 North Los Angeles Street Suite 4054 LOS ANGELES CA 90012 FEDERAL ENERGY REGULATORY COMMISSION SUITE 2300 100 1ST STREET SAN FRANCISCO CA 94105-3084 EDWIN ROMERO, CHAIRPERSON 1095 BARONA ROAD LAKESIDE CA 92040 SD COUNTY PLANNING & LAND USE DEPT SUITE 310 5510 OVERLAND AVENUE SAN DIEGO CA 921231239 US ARMY CORPS OF ENGINEER SUITE 1101 915 WILSHIRE BOULEVARD LOS ANGELES CA 90017 U.S. BUREAU OF RECLAMATION SOUTHERN CALIFORNIA AREA OFFICE (SCAO) SUITE A 27226 VIA INDUSTRIA, TEMECULA CA 92590 Pat: avery.com/patents Easy Peel® Address Labels . Bend along line to expose Pop-up Edge® BUREAU OF INDIAN AFFAIRS 2800 COTTAGE WAY SACRAMENTO CA 95825 CA DEPT OF FISH & WILDLIFE ATTN CHRISTINE BECK 3883 RUFFIN ROAD SAN DIEGO CA 92123 CITY OF ENCINITAS 505 S VULCAN AVENUE ENCINITAS CA 92024 DEPT OF FOOD & AGRICULTURE AGRICULTURAL RESOURCES ROOM 100 1220 N STREET SACRAMENTO CA 95814 DEPT OF JUSTICE DEPT OF ATTY GEN SUITE 1800 600 WEST BROADWAY SAN DIEGO CA 92101 MARINE RESOURCES REG DR & G ENV SERVICES SPR SUITE J 4665 LAMPSON AVENUE LOS ALAMITOS CA 90720-5139 SAN FRANCISCO BAY CONSERV & DEV COM SUITE 10600 455 GOLDEN GATE AVENUE SAN FRANCISCO CA 94102-7019 SDGE 8315 CENTURY PARK COURT SAN DIEGO CA 92123 US ARMY CORPS OF ENGINEERS REGULATORY DIVISION SUITE 100 5900 LA PLACE COURT CARLSBAD CA 92008 US FISH & WILDLIFE SERVICES 2800 COTTAGE WAY SUITE W-2605 SACRAMENTO CA 95825 Etiquettes d'adresse Easy Peel~ Repliez a la had11Jre afin de reveler le rebord Pop-up® Go to avery.com/templates : UseAveiyTemplate5160 I BUSINESS, TRANS & HSG AGENCY UNIT #350B 915 CAPITOL MALL· SACRAMENTO CA 95814-4801 CA DEPT OF TRANSPORTATION DISTRICT 11 DIVISION OF PLANNING/DEVELOPMENT REVIEW 4050 TAYLOR STREET, MS-240 SAN DIEGO CA 92110 COASTAL CONSERVANCY 1515 CLAY STREET, 10TH FLOOR OAKLAND, CA 94612 DEPT OF FORESTRY ENV COORD PO BOX 944246 SACRAMENTO CA 94244-2460 FAA W~STERN-PACIFIC REGION 777 S. AVIATION BLVD., SUITE 150 EL SUGUNDO, CA 90245 OFF OF PLANNING & RESEARCH OFF OF LOCAL GOV AFFAIRS PO BOX 3044 SACRAMENTO CA 95812-3044 SANDAG EXECUTIVE DIRECTOR SUITE 800 1ST INTERNATIONAL PLAZA 401 B STREET SAN DIEGO CA 92101 STATE LANDS COMMIS5ION SUITE 1005 100 HOWE AVENUE SACRAMENTO CA 95825-8202 US BUREAU OF LAND MGMT SUITE ROOM W 2800 COTTAGE WAY SACRAMENTO CA 95825 USDA RURAL DEVELOPMENT DEPT 4169 430 G STREET DAVIS CA 95606 Allez a avery.ca/gabarits : UtilisezleGabaritAvery5160 I 5160® WATER RESOURCES CONTROL BOARD PO BOX 100 SACRAMENTO CA 95801 City of Carlsbad Office of the City Clerk 1200 Carlsbad Village Drive Carlsbad, CA 92008 Pat: avery.com/ patents Easy Peel., Address Labels Bend along line to expose Pop-up Edge® Etiquettes d'adresse Easy Peele Repliez a la hachure afi11 de reveler le rebord Pop-up® I' I I Gotoavery.com/templates :; UseAveryTemplate 5160 1. Alleza avery.ca/gabarits : Uli!isezleGabaritAvery5160 1 /