HomeMy WebLinkAbout2023-05-23; City Council; ; Zoning Ordinance Amendments to Encourage Development of Accessory Dwelling Units and Junior Accessory Dwelling Units (ZCA 2023-0001/ LCPA 2023-0017/ PUB 2023-0002) and PrCA Review __RK__
Meeting Date: May 23, 2023
To: Mayor and City Council
From: Scott Chadwick, City Manager
Staff Contact: Shelley Glennon, Associate Planner
shelley.glennon@carlsbadca.gov, 442-339-2605
Subject: Zoning Ordinance Amendments to Encourage Development of Accessory
Dwelling Units and Junior Accessory Dwelling Units (ZCA 2023-0001/ LCPA
2023-0017/ PUB 2023-0002) and Proposed Permit-ready ADU Program
District: All
Recommended Action
Hold a public hearing and:
1.Introduce an ordinance approving an amendment to the Zoning Ordinance, Title 21 of the
Carlsbad Municipal Code, to ensure consistency with state law related to accessory
dwelling units and junior accessory dwelling units
2.Adopt a resolution approving a Local Coastal Program amendment to update the Local
Coastal Program Implementation Plan (Zoning Ordinance, Title 21 of the Carlsbad
Municipal Code) to ensure consistency with state law related to accessory dwelling units
and junior accessory dwelling units
3.Receive an informational report on the status of the pre-approved Accessory Dwelling Unit
Plans and provide direction, if necessary
Executive Summary
Every city in California is required to have a current Housing Element in its General Plan. The
Housing Element is a plan that provides an analysis of a community’s housing needs for all
income levels, along with strategies to respond to and provide for those housing needs.
Among other things, there are policies, programs and objectives within the Housing Element
that promote and encourage the construction of accessory dwelling units (ADUs), sometimes
referred to as second dwelling units or granny flats.
Specifically, Program 1.2, Promote the Development of Accessory Dwelling Units, includes an
objective that requires the city to timely update its Zoning Ordinance to integrate changes in
state housing law. Two bills regarding accessory dwelling units were signed by the Governor last
year and became effective Jan. 1, 2023.
May 23, 2023 Item #7 Page 1 of 88
The proposed amendments will bring the Zoning Ordinance in the Municipal Code and the Local
Coastal Program, the planning document for the Coastal Zone, into compliance with these
Housing Element requirements as well as with state law. Amending the Local Coastal Program
would enable the proposed Zoning Ordinance amendment to also apply in the state-defined
Coastal Zone. Because the Zoning Ordinance is part of the Local Coastal Program
Implementation Plan, an amendment to the Zoning Ordinance also constitutes an amendment
to the implementation plan.
These amendments are being presented to the City Council because such amendments to the
Zoning Ordinance and the Local Coastal Program require the approval of the City Council under
Carlsbad Municipal Code Section 21.52.050.
Failure to make these changes to these housing programs may result in HCD decertifying the
city’s Housing Element, which would greatly limit the city’s ability to regulate the type and
location of housing built in the Carlsbad.
Another objective under Program 1.2 requires the city to prepare a set of pre-approved ADU
plans for residents to use for their projects. Those plans are now completed and will be
available for the public to use as of May 10, 2023. They are included in this staff report for the
City Council’s information.
Exhibit 1 is an ordinance adopting amendments to the Zoning Ordinance. Exhibit 2 is a
resolution approving the Local Coastal Program Amendment.
Explanation & Analysis
Background
Every eight years each city in California is required to update its General Plan Housing Element.
After a two-year process, on April 6, 2021, the City Council adopted an update to its Housing
Element, which was then later certified by HCD on July 13, 2021.
The Housing Element includes policies, programs and objectives showing how the city intends
to accommodate its share of housing for the state’s current housing cycle, which is from 2021
to 2029. There are approximately 40 Housing Element programs that are further divided into
nearly 160 program objectives. These objectives identify ongoing actions the city must
implement throughout the housing period and specific actions the city must timely accomplish.
Policy 10-P.5 of the Housing Element requires the city to encourage the construction of ADUs.
To achieve this policy, Program 1.2 was adopted. It requires the city to promote the
development of ADUs and includes several associated objectives and tasks that the city must
complete to satisfy the policy and program requirement.
The item before the City Council helps address three specific objectives under Program 1.2:
Objective a: Respond, in a timely manner, to update the Carlsbad Zoning Ordinance /
Municipal Code to integrate changes in state housing law.
Objective d: Continue to work with developers to incorporate ADUs into new
single-family developments.
Objective e: Develop at least four pre-approved ADU plans that provide a variety
in terms of size, type and style.
May 23, 2023 Item #7 Page 2 of 88
Objective a - Proposed zoning ordinance amendment
Background
In response to the state housing crisis, the California legislature recently passed two bills,
Assembly Bill 2221 and Senate Bill 897, which amended Government Code sections 65852.2
and 65852.22 to further encourage the production of ADUs and junior accessory dwelling units
(JADUs).
An accessory dwelling unit, or ADU, sometimes called a backyard cottage, is a secondary
residential unit that shares a lot with an existing residence. A junior accessory dwelling units is
an ADU created within the walls of a proposed or existing single-family home and may be no
larger than 500 square feet.
The new legislation went into effect Jan. 1, 2023, 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 ADUs and JADUs under the state legislation.
Local jurisdictions do not have much discretion when it comes to regulating ADUs and JADUs.
As shown in the table found in Exhibit 4, jurisdictions have very limited authority to adopt local
regulations and restrictions for typical land development standards such as unit size, number,
height, setback and parking. However, the city retains full discretion to apply land use
regulations for roof decks, building separation, landscaping, architecture, and standards to
prevent impacts to historic resources, as it deems appropriate.
Proposed amendments
The proposed amendments are provided in Exhibit 1 and the proposed changes are highlighted
in Exhibit 3.
Summary of proposed changes:
• Height limitations raised from 16 feet maximum to 18 feet maximum for certain
detached ADUs.
• The city can no longer impose its front yard setback requirements on an 800-square-
foot or smaller ADU if all other development standards are met.
• Modified permitting requirements:
o The city must provide comments, deficiencies and a list of remedy options if an
application is denied.
o The city must provide concurrent review with a detached garage demolition permit
if the ADU is replacing the garage.
o ADUs can be constructed on lots with nonconforming uses or characteristics that do
not pose a threat to public health or safety.
o Provides a new exception for ADU off-street parking requirements.
• These state-initiated modifications often require regular updates to the Carlsbad
Municipal Code. As much as possible, the proposed code amendments refer to the
applicable state government codes for many of ADU-JADU-compliance requirements,
May 23, 2023 Item #7 Page 3 of 88
rather than restating them in the Municipal Code. This will help reduce the need for the
city to process annual code amendments when state law changes in the future.
For additional information, Exhibit 4 provides a summary of the level of discretion that a city
can apply to local land development standards on ADUs and JADUs and Exhibit 5 provides a
table summarizing the city's existing accessory dwelling unit requirements, the new state law
requirements and staff’s recommended revisions to comply with state law.
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, as it has done over
the past five years.
Staff have created educational materials to help customers understand the constant changes in
ADU regulations and navigate state law and city processing requirements. An 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 to keep it aligned with state law.
Objectives d and e - Permit-ready ADU program
Background
Another objective under Housing Element Program 1.2 requires the city to develop at least four
pre-approved ADU plans that provide a variety in terms of size, type and style. Making these
plans available to the public free of charge will encourage the development of ADUs by saving
homeowners the three to six months of planning and design time and the approximately
$8,000-$16,000 in design fees associated with preparing ADU building plans.
On Jan. 19, 2021, the City Council approved an application for a state Local Early Action
Planning grant that included funding for a permit-ready ADU program. This program developed
pre-approved building plans for detached one-story ADUs, a new streamlined permit review
process and an analysis of the existing ADU permitting fee structure. A contract with Design
Path Studios to complete the permit-ready ADU program was approved by the City Council on
Oct. 19, 2021.
ADU program plans
The Permit-Ready ADU Program enables property owners to use pre-approved building plans,
which reduces staff review time since the building plans are “building permit ready” and no
additional review time is required. The pre-approved building plans include four floor plans of
different sizes and three architectural styles for property owners to choose from free of charge
(Exhibit 10).
Staff conducted research into what types of ADUs were recently developed in the City of
Carlsbad and, through a public survey conducted last year, received input from the community
on what types of ADUs they prefer (Exhibit 9). The majority of the responses received stated a
preference for detached ADUs. Many also stated they do not want the ADUs to detract from
the aesthetics of the neighborhood design.
The floor plans that will be made available to the public include studio, one-bedroom, two-
bedroom and three-bedroom floor plans with sizes ranging from 400 square feet to 1,000
square feet. The three architectural styles that will be provided include: Modern/Contemporary
style, Spanish style, and Farmhouse/Craftsman style. These styles were determined to be the
May 23, 2023 Item #7 Page 4 of 88
most used and most versatile styles for ADUs within the City of Carlsbad. Additionally, providing
a variety of floor plans and architectural styles will benefit the different size and architectural
style needs of property owners.
Streamlined permit process
In conjunction with the new permit ready ADU program plans, staff have also created a new
streamlined ADU application process to help expedite the permit review process. The new user-
friendly application process will include application materials to help guide applicants in
providing the documents and information necessary to have their permits approved
expeditiously. As discussed in the public input report, many community members stated that
having a streamlined permit review process would incentivize them to construct ADUs. The
city’s approval process is already very streamlined, with construction allowed either through an
expedited coastal development permit or a building permit. This guide will help applicants
know the requirements needed to submit a complete application that will help reduce back and
forth time during the permit review period.
Fees analysis
Additionally, community members who responded to the public survey said that reduced
permit fees would be another incentive for them to construct ADUs. Staff compared the city’s
fees for building with those of other nearby jurisdictions (Exhibit 11). The comparison showed
that the City of Carlsbad, with fees for ADUs at around $2,000, has some of the lowest permit
review fees for ADUs within the region. Some jurisdictions, such as the City of Encinitas and
County of San Diego have initiated a temporary fee waiver for these programs.
In addition to building permit fees, other impact fees are required for ADUs, such as traffic
impact fees, school fees or utility connection fees. Most ADUs are constructed below the
square footage required for these impact fees to be applied.
The City Council recently adopted a cost recovery policy that calls for similar permit fee types to
be set at a level that would recover 80% of the city’s costs for providing the related service.
Considering that the city’s fees for ADU processing are among the lowest in the region, and that
applicants will be saving up to $16,000 in design and plan development costs through the
Permit-Ready ADU Program, staff do not recommend that the City Council waive permit
application fees, as some municipalities have done. Refer to the Fiscal Analysis section below
for additional information on financial impacts.
State review and requirements
Assembly Bill 72, which passed in 2017, authorized HCD to review “any action or failure to act”
by a city that it determines “inconsistent” with the city’s adopted housing element or
Government Code Section 65583 (part of the Housing Element Law), including any failure to
implement any programs included in the jurisdiction’s housing element. In carrying out this
exercise, HCD may “consult with any local government, public agency, group, or person, and
shall receive and consider any written comments from any public agency, group, or person.”
Once HCD supplies its written findings to the city, a 30-day timeline begins, by the conclusion of
which the city must respond to the findings.
If HCD determines that the city’s action or failure to act does not “substantially comply” with
the state Housing Element Law, or the city’s adopted Housing Element as certified by the state,
then HCD may revoke that certification until it determines that the city has come into
May 23, 2023 Item #7 Page 5 of 88
compliance. Additionally, HCD may also notify the California Office of the Attorney General that
the city is in violation of state law for further action. HCD may also decertify a jurisdiction’s
housing element if it finds that a city has taken or failed to take action in violation of the state
Housing Accountability Act, known as the No Net Loss Zoning Law, Density Bonus Statute, or
the state’s prohibition on discrimination against affordable housing found in Government. Code
Section 65008.
Should HCD decertify a city’s housing element, the city is then subject to Government Code
section 65589.5(d)(5), known as the "Builder's Remedy." The Builder’s Remedy is a provision of
California's Housing Accountability Act that prevents jurisdictions without a substantially
compliant housing element from denying approval for certain housing projects, even if such
projects do not comply with the jurisdiction's zoning ordinance or general plan.
Community Engagement
Code amendments
The Planning Commission conducted a public hearing on the proposed Zoning Ordinance
amendments on March 15, 2023 (Exhibit 6). The Planning Commission voted 5-0-1
(Commissioner Kamenjarin absent), to recommend the City Council approve the proposed
Zoning Ordinance amendments (Exhibits 7 and 8). These amendments have been posted online
since March 8, 2023. In addition, a six-week public review period for the Local Coastal Program
amendment began on Feb. 24, 2023 and ended on April 7, 2023.
Staff published a notice of public hearing in the San Diego Union Tribune and Coast News on
May 12, 2023.
Additionally, an ADU Information Bulletin (IB-111) that informs the public of the current ADU
development standards consistent with state law is also available to the public via the city’s
website. (This bulletin is included as part of Exhibit 6.)
Permit-Ready ADU Program
A project page for the Permit-Ready ADU Program is available on the city’s website for the
community to learn more about the program, related ADU topics, resources and receive
updates.1 Staff have also created a mailing list of community members interested in the
program so that they can stay informed of updates to the program.
As discussed above, staff conducted a public survey last year to receive public input regarding
the development of a new permit-ready ADU program (Exhibit 9). The results of this survey
helped staff in understand what types of ADUs many of the community members were
interested in developing and what would incentivize them to develop ADUs as discussed above.
The Permit-Ready ADU Program was also presented to Planning Commission on March 15,
2023, for informational purposes only. The Planning Commission did provide general comments
that were primarily positive because the program does encourage the development of ADUs.
1 The Permit-Ready ADU Program project page can be found at carlsbadca.gov/departments/community-
development/planning/adu-permit-ready-program
May 23, 2023 Item #7 Page 6 of 88
Fiscal Analysis
There is no anticipated fiscal impact from this item. Should the City Council direct staff to waive
the ADU permit application fee, staff will need to return with an amendment to the city’s
Master Fee Schedule to implement the change. It is anticipated that a waiver would result in a
reduction of roughly $250,000 annually in permit fee revenue.
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
Carlsbad Municipal Code 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.
Staff will be advertising the availability of the Permit-Ready ADU Program plans and
streamlined permitting process on the project website and through the email newsletter. The
Permit-Ready ADU Program plans and application materials will be available for the public to
download from the city website free of charge.
Environmental Evaluation
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, since 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, two-family or multiple-family
dwelling residential zone to implement Section 65852.2 or Section 65852.22 of the Government
Code.
This notice was posted on Feb. 24, 2023, no appeals of this determination were received in
accordance with Carlsbad Municipal Code Section 21.54.140.
Exhibits
1. City Council ordinance
2. City Council resolution
3. Carlsbad Municipal Code Title 21 with proposed revisions shown
4. Table of State Accessory Dwelling Unit Law – Areas of local discretion
5. Summary of changes to existing ADU regulations
6. Planning Commission staff report, dated March 15, 2023 (on file in the Office of the City
Clerk)
7. Planning Commission Resolution No. 7473 (on file in the Office of the City Clerk)
8. Planning Commission minutes, dated March 15, 2023 (on file in the Office of the City Clerk)
9. Public Input Summary Report
10. Permit-Ready ADU Program plans
11. ADU Permit Fee Analysis
May 23, 2023 Item #7 Page 7 of 88
ORDINANCE NO. CS-449
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING AN AMENDMENT TO THE ZONING ORDINANCE,
TITLE 21 OF THE CARLSBAD MUNICIPAL CODE, TO ENSURE CONSISTENCY
WITH STATE LAW RELATED TO ACCESSORY DWELLING UNITS AND JUNIOR
ACCESSORY DWELLING UNITS
CASE NAME:
CASE NO:
ACCESSORY DWELLING UNIT AMENDMENT 2023
ZCA 2023-0001/ LCPA 2023-0017 / PUB 2023-0002
WHEREAS, Sections 65852.2 and 65852.22 of the California Government Code requires cities
and counties to permit construction of accessory dwelling units and junior accessory dwelling units,
and allows cities and counties to adopt ordinances that govern the permitting of accessory dwelling
units and junior accessory dwelling units consistent with state law; and
WHEREAS, Senate Bill 897 and Assembly Bill 2221 were signed into law in 2022, which amended
state law to further encourage and incentivize the construction of accessory dwelling units and junior
accessory dwelling units; and
WHEREAS, the above legislative bills took effect Jan. 1, 2023, and existing provisions of the
Carlsbad Municipal Code {CMC) are inconsistent with the new law provisions; and
WHEREAS, the City Planner has prepared an amendment to the CMC {ZCA 2023-0001) and the
Local Coastal Program {LCPA 2023-0017) pursuant to Chapter 21.52 of the CMC, Section 30514 of the
Public Resources Code, and Section 13551 of California Code of Regulations Title 14, Division 5.5; and
WHEREAS, on March 2, 2023, the Airport Land Use Commission reviewed and found that the
proposed Zone Code Amendment is consistent with the adopted San Diego County McClellan-Palomar
Airport Land Use Compatibility Plan; and
WHEREAS, on March 15, 2023, the Planning Commission held a duly noticed public hearing as
prescribed by law to consider ZCA 2023-0001/ LCPA 2023-0017; and
WHEREAS, the Planning Commission adopted Planning Commission Resolution No. 7473
recommending to the City Council that ZCA 2023-0001/LCPA 2023-0017 be approved; and
WHEREAS, the City Council of the City of Carlsbad held a duly noticed public hearing as
prescribed by law to consider ZCA 2023-0001/LCPA 2023-0017; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if
any, of all persons desiring to be heard, the City Council considered all factors, including written public
comments, if any, related to ZCA 2023-0001/LCPA 2023-0017; and
Exhibit 1
May 23, 2023 Item #7 Page 8 of 88
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. 7473
shall also constitute the findings of the City Council.
3. Carlsbad Municipal Code Section 21.04.020 is amended to read as follows:
21.04.020 Accessory.
“Accessory” means a building, part of a building or structure, or use that is subordinate to and the
use of which is incidental to that of the main building, structure or use on the same lot. If an
accessory building is attached to the main building by a common wall, with a width dimension of at
least three feet and a height dimension of at least one story, such building area is considered a part
of the main building and not an accessory building or structure, except for “accessory dwelling
units” or “junior accessory dwelling units” as defined in Sections 21.04.121 and 21.04.122.
Accessory dwelling units and junior accessory dwelling units that comply with the requirements of
Section 21.10.030 and California Government Code Sections 65852.2 (effective Jan. 1, 2023) and
65852.22 (effective Jan. 1, 2023), respectively, are considered accessory.
21.04.121 Dwelling unit, accessory (ADU).
Refer to California Government Code Section 65852.2 (effective Jan. 1, 2023).
21.04.122 Dwelling unit, junior accessory (JADU).
Refer to California Government Code Section 65852.22 (effective Jan.1, 2023).
4. Carlsbad Municipal Code Section 21.09.140 is amended to read as follows:
21.09.140 Parking.
Notwithstanding parking requirements of Chapter 21.44, not fewer than two off-street parking
spaces shall be provided for each residence. The required two spaces shall be covered by a garage
or carport, and the driveway adequately paved with either concrete or asphalt cement prepared
over adequate base.
5. Carlsbad Municipal Code Section 21.10.030 is amended to read as follows:
21.10.030 Accessory dwelling units and junior accessory dwelling units.
A. Purpose. This section provides standards for the establishment of accessory dwelling units
(ADUs) and junior accessory dwelling units (JADUs). Pursuant to California Government Code
Sections 65852.2 (effective Jan. 1, 2023) and 65852.22 (effective Jan. 1, 2023), local
governments have the authority to adopt regulations designed to promote ADUs and JADUs.
B. Standards of Review. Review of ADUs and JADUs shall be consistent with the following:
May 23, 2023 Item #7 Page 9 of 88
1. ADU or JADU applications shall be considered a ministerial action without discretionary
review or a public hearing if all requirements of this section (21.10.030) are met,
notwithstanding any other requirements of state law or this development code.
2. ADUs or JADUs developed within the coastal zone are subject to the permit
requirements of Chapter 21.201 and require a building permit. Development of ADUs
or JADUs outside of the coastal zone requires a building permit.
3. The city shall approve or deny an application to create an ADU or a JADU within the
time period specified under California Government Code Sections 65852.2 (effective
Jan. 1, 2023) and 65852.22 (effective Jan. 1, 2023).
4. The city shall not deny an application for a permit to create an ADU or a JADU due to
the correction of nonconforming zoning conditions, building code violations, or
unpermitted structures that do not present a threat to public health and safety and
are not affected by the construction of the ADU as specified under California
Government Code Sections 65852.2 (effective Jan. 1, 2023) and 65852.22 (effective
Jan. 1, 2023).
5. If the city denies an application for an ADU or a JADU, the city shall supply in writing a
full set of comments to the applicant with a list of items that are defective or deficient
and a description of how the application can be remedied by the applicant within the
time period specified under California Government Code Section 65852.2 (effective
Jan. 1, 2023) and 65852.22 (effective Jan. 1, 2023).
6. A demolition permit for a detached garage that is to be replaced with an accessory
dwelling unit shall be reviewed with the application for the accessory dwelling unit and
issued at the same time.
7. If the permit application to create an ADU or a JADU is submitted with a permit
application to create a new one-family dwelling on the lot, the city may delay acting on
the permit application for the ADU or the JADU until the city acts on the permit
application to create the new one-family dwelling, but the application to create the
ADU or JADU shall be considered without discretionary review or public hearing. If the
applicant requests a delay, the time period specified under California Government
Code Sections 65852.2 (effective Jan. 1, 2023) and 65852.22 (effective Jan. 1, 2023)
shall be tolled for the period of the delay.
C. Residential Use and Density. ADUs and JADUs, which comply with the requirements of this
section (21.10.030) and California Government Code Sections 65852.2 (effective Jan. 1, 2023)
and 65852.22 (effective Jan. 1, 2023):
1. Shall be considered accessory residential uses or accessory residential buildings that
are consistent with the general plan or zoning designations for the lot; and
May 23, 2023 Item #7 Page 10 of 88
2. Shall not be considered to exceed the allowable density for the lot upon which it is
located; and
D. Number and Location.
1. ADUs shall be permitted in zones that allow one-family dwellings, two-family dwellings,
multiple-family dwellings, and mixed-use (residential uses in combination with non-
residential uses), provided there is an existing or proposed dwelling on the lot where
the ADU is proposed, as specified in California Government Code Sections 65852.2
(effective Jan. 1, 2022) and 65852.22 (effective Jan. 1, 2023). Refer to a specific zone’s
Permitted Uses table within this Title.
2. For zones that allow one-family dwellings, one JADU shall be permitted with an
associated existing or proposed one-family dwelling. Refer to a specific zone’s Permitted
Uses table within this Title.
3. The number and location of ADUs or JADUs on a lot shall be subject to California
Government Code Sections 65852.2 (effective Jan. 1, 2023) and 65852.22 (effective Jan.
1, 2023).
E. Other Requirements and Standards. ADUs and JADUs shall comply with all the following
requirements and standards:
1. ADUs and JADUs shall comply with the development requirements and standards of
California Government Code Sections 65852.2 (effective Jan. 1, 2023) and 65852.22
(effective Jan. 1, 2023).
2. When not in conflict with California Government Code Sections 65852.2 (effective Jan.
1, 2023) and 65852.22 (effective Jan. 1, 2023) and the coastal resource and public
access protection requirements of the certified local coastal program, ADUs and JADUs
shall also comply with applicable development requirements and standards of this
code.
The maximum size of an ADU or JADU shall be limited as follows, consistent with California
Government Code Sections 65852.2 (effective Jan. 1, 2023) and 65852.22 (effective Jan. 1,
2023):
a. Attached ADUs – 50% of the total floor area of the main dwelling or 1,200
square feet, whichever is less, but not less than 800 square feet;
b. Detached ADUs – 1,200 square feet
c. JADUs – 500 square feet
3. The maximum height of an ADU or JADU shall be limited as follows, consistent with
California Government Code Sections 65852.2 (effective Jan. 1, 2023) and 65852.22
(effective Jan. 1, 2023):
May 23, 2023 Item #7 Page 11 of 88
a. A detached ADU on a lot with an existing or proposed single-family, two-family
or multiple-family dwelling unit shall be allowed a height up to 16 feet and one
story.
b. A detached ADU on a lot with an existing or proposed single-family, two-family
dwelling, or multiple-family dwelling unit that is within one-half of one mile
walking distance of a major transit stop (Carlsbad Village Station or Poinsettia
Station), shall be allowed a height up to 18 feet. An additional two feet in
height (20 feet maximum) is allowed to accommodate a roof pitch on the ADU
that is aligned with the roof pitch of the primary dwelling.
c. A detached ADU on a lot with an existing or proposed two-family, multiple-
family, multistory dwelling shall be allowed a height up to 18 feet.
d. An attached ADU is allowed a height up to 25 feet, or the height limits of the
applicable zoning for the primary dwelling, but not to exceed two stories.
e. An ADU constructed above or below a detached garage shall be permitted and
shall conform to the height limits applicable to the zone. Structures that
contain an ADU located above or below a detached garage shall be limited to a
maximum of two stories including the garage.
4. Roof decks shall not be permitted on detached ADUs.
5. The construction of an ADU or JADU that is all new construction, or is a conversion of a
portion or all of an existing structure, or expands the square footage of an existing
structure, shall be consistent with all habitat preserve buffers, geologic stability
setbacks, and visual resource protection policies in the certified local coastal program,
habitat management plan, general plan, or geotechnical report, as applicable.
6. On lots with one-family dwelling(s), the exterior roofing, trim, walls, windows and the
color palette of the ADU or JADU shall incorporate the same features as the primary
dwelling unit.
7. On lots with two-family or multiple-family dwellings, the exterior roofing, trim, walls,
windows and the color palette of the ADU addition shall incorporate the same features
as the existing building that the ADU would be provided within. For detached ADUs, it
shall be reflective of the nearest building as measured from the wall of the existing
building to the nearest wall of the proposed unit.
8. Parking.
a. An ADU shall provide off-street parking in compliance with Chapter 21.44
(Parking), unless it qualifies for an exemption as specified in California
Government Code Section 65852.2 (effective Jan. 1, 2023).
b. No off-street parking is required for a JADU if it meets the requirements
specified in California Government Code Section 65852.22 (effective Jan. 1,
2023).
May 23, 2023 Item #7 Page 12 of 88
c. When a garage, carport, or covered parking structure is demolished in
conjunction with the construction of an ADU or converted to an ADU, the loss
of parking for the primary dwelling does not need to be replaced, except on
lots located west of the rail corridor and on lots located east of the rail corridor
and west of Interstate 5 between Avenida Encinas to the north and Batiquitos
Lagoon to the south. In which case, the loss of parking for the primary dwelling
shall be replaced subject to the parking requirements in Chapter 21.44
(Parking), except as follows:
i. The replacement parking spaces may be covered, uncovered, or tandem
spaces, or provided by the use of mechanical automobile parking lifts
(within a garage); and may be located in the front, side or rear yard,
provided the parking area is an improved parking surface, such as
paving, hardscape, decomposed granite, etc.
ii. The location of the replacement parking spaces shall be consistent with
all habitat preserve buffers, geologic stability setbacks, and visual
resource protection policies in the certified local coastal program.
9. ADUs intended to satisfy an inclusionary requirement shall comply with the
requirements of Chapter 21.85, including, but not limited to, the applicable rental
rates and income limit standards.
10. A Notice of Restriction shall be recorded on the property declaring that:
a. An ADU(s) or JADU shall not be used for short-term rentals of less than 30 days.
This requirement does not apply to any unit that was issued a building permit
prior to January 1, 2020.
b. The obligations and restrictions imposed on the approval of the ADU(s) per
California Government Code Section 65852.2 (effective Jan. 1, 2023) or JADU
per California Government Code Section 65852.22 (effective Jan. 1, 2023) are
binding on all present and future property owners.
c. For a JADU, the property owner must reside in either the primary residence or
the JADU. Sale of the JADU separate from the single-family residence is
prohibited; said prohibition is binding on all present owners and future
purchasers.
11. For ADUs permitted prior to January 1, 2020, the city may continue to enforce a
requirement for owner-occupancy of the ADU or primary residence.
12. An ADU may be sold separately from the primary dwelling only in limited situations
pursuant to California Government Code Section 65852.26 (effective Jan. 1, 2023).
6. Carlsbad Municipal Code Section 21.38.025 is amended as shown below:
May 23, 2023 Item #7 Page 13 of 88
21.38.025 Accessory dwelling units.
Accessory dwelling units or junior accessory dwelling units are permitted according to the
provisions of Section 21.10.030.
7. Carlsbad Municipal Code Section 21.45.090 Table F is amended as shown below:
21.45.090 Residential additions and accessory uses.
Table F
Residential Additions and Accessory Uses to One-Family Dwellings and Twin-Homes on Small Lots
Addition/Accessory Use
Minimum Front Yard
Setback
Minimum Side and Rear
Yard Setbacks
Attached/detached patio covers(2)
10 feet to posts
(2-foot overhang
permitted)
5 feet to posts
(2-foot overhang
permitted)
Non-habitable detached accessory buildings/structures
(e.g., garages, workshops, decks over 30 inches in
height)(1),(2),(3)
20 feet 5 feet
Habitable detached accessory buildings
(i.e. guest houses and accessory dwelling units) (2), (3), (4),(5) Same setbacks as required for the primary dwelling
Additions to dwelling (attached) Same setbacks as required for the dwelling
Notes:
(1) Maximum building height is 1 story and 14 feet with a 3:12 roof pitch or 10 feet with less
than a 3:12 roof pitch.
(2) Minimum 10-foot separation required between a habitable building and any other detached
accessory building/structure.
(3) Must be architecturally compatible with the existing structure.
(4) Except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030.
(5) Refer to California Government Code Section 65852.2 (effective Jan. 1, 2023) for front yard setback
requirements for 800 sq. ft. maximum ADUs with four-foot side and rear yard setbacks and
constructed in compliance with all other development standards.
EFFECTIVE DATE OF THIS ORDINANCE APPLICABLE TO PROPERTIES OUSTIDE THE COASTAL
ZONE: This ordinance shall be effective thirty days after its adoption; and the City Clerk shall certify
the adoption of this ordinance and cause the full text of the ordinance, or a summary of the ordinance
prepared by the City Attorney to be published at least once in a newspaper of general circulation in the
City of Carlsbad within fifteen days after its adoption.
EFFECTIVE DATE OF THIS ORDINANCE APPLICABLE TO PROPERTIES INSIDE THE COASTAL ZONE:
This ordinance shall be effective thirty days after its adoption or upon Coastal Commission approval of
May 23, 2023 Item #7 Page 14 of 88
LCPA 2023-0017, whichever occurs later; and the City Clerk shall certify the adoption of this ordinance
and cause the full text of the ordinance or a summary of the ordinance prepared by the City Attorney
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 23rd
day of May, 2023, and thereafter
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the_ day of ___ � 2023, by the following vote, to wit:
AYES:
NAYS:
ABSTAIN:
ABSENT:
APPROVED AS TO FORM AND LEGALITY:
CINDIE K. McMAHON, City Attorney
KEITH BLACKBURN, Mayor
SHERRY FREISINGER, City Clerk
(SEAL)
May 23, 2023 Item #7 Page 15 of 88
RESOLUTION NO. 2023-140
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING A LOCAL COASTAL PROGRAM AMENDMENT TO
UPDATE THE LOCAL COASTAL PROGRAM IMPLEMENTATION PLAN (ZONING
ORDINANCE, TITLE 21 OF THE CARLSBAD MUNICIPAL CODE) TO ENSURE
CONSISTENCY WITH STATE LAW RELATED TO ACCESSORY DWELLING UNITS
AND JUNIOR ACCESSORY DWELLING UNITS
CASE NAME:
CASE NO.:
ACCESSORY DWELLING UNIT AMENDMENT 2023
ZCA 2023-0001/ LCPA 2023-0017 / PUB 2023-0002
WHEREAS, the City Council of the City of Carlsbad, California has determined that pursuant to
the provisions of the Municipal Code, the Planning Commission did, on March 15, 2023, hold a duly
noticed public hearing as prescribed by law to consider Planning Commission Resolution 7473,
recommending approval of Local Coastal Program Amendment LCPA 2023-0017; and the Planning
Commission adopted Planning Commission Resolution 7473 recommending to the City Council that
LCPA 2023-0017 be approved; and
WHEREAS, the City Council, on May 9, 2023, held a duly noticed public hearing to consider LCPA
2023-0017 as recommended by the Planning Commission; and
WHEREAS, pursuant to California Coastal Commission regulations, a six-week public review
period for LCPA 2023-0017 began on February 24, 2023 and ended on April 7, 2023; no comments were
received during the review period; 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 relating to LCPA 2023-
0017.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
1.That the above recitations are true and correct.
2.That the recommendation of the Planning Commission for approval of LCPA 2023-0017
to amend the Carlsbad Local Coastal Program Implementation Plan is approved, and the
findings of the Planning Commission contained in Planning Commission Resolution
7473, on file with the City Clerk and incorporated herein by reference, are the findings
of the City Council.
Exhibit 2
May 23, 2023 Item #7 Page 16 of 88
3.This action is final the date this resolution is adopted by the City Council. The provisions
of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial Review," shall
apply:
"NOTICE"
The time within which judicial review of this decision must be sought is governed by
Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of
Carlsbad by Carlsbad Municipal Code Chanter 1.16. Any petition or other paper seeking
review must be filed in the appropriate court not later than the 90th day following the
date on which this decision becomes final; however, if within 10 days after the decision
becomes final a request for the record is filed with a deposit in an amount sufficient to
cover the estimated cost of preparation of such record, the time within which such
petition may be filed in court is extended to not later than the 30th day following the
date on which the record is either personally delivered or mailed to the party, or the
party's attorney of record, if the party has one. A written request for the preparation of
the record of proceedings shall be filed with the Office of the City Clerk, 1200 Carlsbad
Village Drive, Carlsbad, CA 92008.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 23rd day of May, 2023, by the following vote, to wit:
AYES:
NAYS:
ABSTAIN:
ABSENT:
Blackburn, Bhat-Patel, Acosta, Burkholder, Luna.
None.
None.
None.
KEITH BLACKBURN, Mayor
SHERRY FREISINGER, City Clerk
(SEAL)
May 23, 2023 Item #7 Page 17 of 88
{)fl
Exhibit 3
ZCA 2023-0001/LCPA 2023-0017/PUB 2023-0002 – Accessory Dwelling Unit Amendments 2023
Draft revisions to the Carlsbad Municipal Code 21 (Zone Code)
Proposed amendments to Title 21 of the Carlsbad Municipal Code
1.Chapter 21.04 “Definitions,” Sections 21.04.020, 21.04.121 and 21.04.121 are proposed to be
amended as follows:
21.04.020 Accessory.
“Accessory” means a building, part of a building or structure, or use that is subordinate to and the use
of which is incidental to that of the main building, structure or use on the same lot. If an accessory
building is attached to the main building by a common wall, with a width dimension of at least three
feet and a height dimension of at least one story, such building area is considered a part of the main
building and not an accessory building or structure, except for “accessory dwelling units” or “junior
accessory dwelling units” as defined in Sections 21.04.121 and 21.04.122. Accessory dwelling units
and junior accessory dwelling units that comply with the requirements of Section 21.10.030 and
California Government Code Sections 65852.2 (effective Jan. 1, 20232) and 65852.22 (effective Jan. 1,
20230), respectively, are considered accessory.
21.04.121 Dwelling unit, accessory (ADU).
Refer to California Government Code Section 65852.2 (effective Jan. 1, 20232).
21.04.122 Dwelling unit, junior accessory (JADU).
Refer to California Government Code Section 65852.22 (effective Jan.1, 20230).
2.Chapter 21.09 “R-E Rural Residential Estate Zone” Section 21.09.140 is proposed to be amended as
follows:
21.09.140 Parking.
Notwithstanding parking requirements of Chapter 21.44, not fewer than two off-street parking
spaces shall be provided
for each residence. The required two spaces shall be covered by a garage or carport, and the
driveway adequately paved with either concrete or asphalt cement prepared over adequate base.
The following is an exception to the two parking space requirement:
One additional paved off-street (covered or uncovered) parking space shall be provided for
an accessory dwelling unit and shall comply with the requirements of Chapter 21.44 of this title. The
additional parking space may be provided through tandem parking (provided that the garage is set
back a minimum of twenty feet from the property line) or in the front yard setback. (Ord. CS-324 §
2, 2017; Ord. NS-283 § 13, 1994; Ord. 9498 § 4, 1978)
May 23, 2023 Item #7 Page 18 of 88
3. Chapter 21.10 “R-1 One-Family Residential Zone,” Section 21.10.030 is proposed to be amended as
follows:
21.10.030 Accessory dwelling units and junior accessory dwelling units.
A.Purpose. This section provides standards for the establishment of accessory dwelling units (ADUs)
and junior accessory dwelling units (JADUs). Pursuant to California Government Code Sections
65852.2 (effective Jan. 1, 20232) and 65852.22 (effective Jan. 1, 20230), local governments have
the authority to adopt regulations designed to promote ADUs and JADUs.
B.Standards of Review. Review of ADUs and JADUs shall be consistent with the following:
1.ADU or JADU applications shall be considered a ministerial action without discretionary
review or a public hearing if all requirements of this section (21.10.030) are met,
notwithstanding any other requirements of state law or this development code.
2.ADUs or JADUs developed within the coastal zone are subject to the permit
requirements of Chapter 21.201 and require a building permit. Development of ADUs or
JADUs outside of the coastal zone requires a building permit.
3.The city shall act on approve or deny an application to create an ADU or a JADU within
the time period specified under California Government Code Sections 65852.2 (effective
Jan. 1, 20232) and 65852.22 (effective Jan. 1, 20230).
4.The city shall not deny an application for a permit to create an ADU or a JADU due to the
correction of nonconforming zoning conditions, building code violations, or unpermitted
structures that do not present a threat to public health and safety and are not affected
by the construction of the ADU as specified under California Government Code Sections
65852.2 (effective Jan. 1, 2023) and 65852.22 (effective Jan. 1, 2023).
5.If the city denies an application for an ADU or a JADU, the city shall supply in writing a
full set of comments to the applicant with a list of items that are defective or deficient
and a description of how the application can be remedied by the applicant within the
time period specified under California Government Code Section 65852.2 (effective Jan.
1, 2023) and 65852.22 (effective Jan. 1, 2023).
6.A demolition permit for a detached garage that is to be replaced with an accessory
dwelling unit shall be reviewed with the application for the accessory dwelling unit and
issued at the same time.
3.7. If the permit application to create an ADU or a JADU is submitted with a permit
application to create a new one-family dwelling on the lot, the city may delay acting on
the permit application for the ADU or the JADU until the city acts on the permit
application to create the new one-family dwelling, but the application to create the ADU
or JADU shall be considered without discretionary review or public hearing. If the
applicant requests a delay, the time period specified under California Government Code
May 23, 2023 Item #7 Page 19 of 88
Sections 65852.2 (effective Jan. 1, 20232) and 65852.22 (effective Jan. 1, 20230) shall be
tolled for the period of the delay.
C.Residential Use and Density. ADUs and JADUs, which comply with the requirements of this section
(21.10.030) and California Government Code Sections 65852.2 (effective Jan. 1, 20232) and
65852.22 (effective Jan. 1, 20230):
1.Shall be considered accessory residential uses or accessory residential buildings that are
consistent with the general plan or zoning designations for the lot; and
2.Shall not be considered to exceed the allowable density for the lot upon which it is
located; and
D.Number and Location.
1.ADUs shall be permitted in zones that allow one-family dwellings, two-family dwellings,
multiple-family dwellings, and mixed-use (residential uses in combination with non-
residential uses), provided there is an existing or proposed dwelling on the lot where the
ADU is proposed, as specified in California Government Code Sections 65852.2 (effective
Jan. 1, 2022) and 65852.22 (effective Jan. 1, 20230). Refer to a specific zone’s Permitted
Uses table within this Title.
2.For zones that allow one-family dwellings, one JADU shall be permitted with an associated
existing or proposed one-family dwelling. Refer to a specific zone’s Permitted Uses table
within this Title.
3.The number and location of ADUs or JADUs on a lot shall be subject to California
Government Code Sections 65852.2 (effective Jan. 1, 20232) and 65852.22 (effective Jan.
1, 20230).
E.Other Requirements and Standards. ADUs and JADUs shall comply with all the following
requirements and standards:
1.ADUs and JADUs shall comply with the development requirements and standards of
California Government Code Sections 65852.2 (effective Jan. 1, 20232) and 65852.22
(effective Jan. 1, 20230).
2.
2.When not in conflict with California Government Code Sections 65852.2 (effective Jan.
1, 20232) and 65852.22 (effective Jan. 1, 20230) and the coastal resource and public
access protection requirements of the certified local coastal program, ADUs and JADUs
shall also comply with applicable development requirements and standards of this code.
May 23, 2023 Item #7 Page 20 of 88
3.The maximum size of an ADU or JADU shall be limited as follows, consistent with
California Government Code Sections 65852.2 (effective Jan. 1, 20232) and 65852.22
(effective Jan. 1, 20230):
a.Attached ADUs – 50% of the total floor area of the main dwelling or 1,200
square feet, whichever is less, but not less than 800 square feet;
b.Detached ADUs – 1,200 square feet
c.JADUs – 500 square feet
4.A detached ADU shall be limited to one story and 16 feet maximum height, except that
an ADU constructed above or below a detached garage shall be permitted and shall
conform to the height limits applicable to the zone. Structures that contain an ADU
located above or below a detached garage shall be limited to a maximum of two stories
including the garage.
4.The maximum height of an ADU or JADU shall be limited as follows, consistent with
California Government Code Sections 65852.2 (effective Jan. 1, 2023) and 65852.22
(effective Jan. 1, 2023):
a.A detached ADU on a lot with an existing or proposed single-family, two-family
or multiple-family dwelling unit shall be allowed a height up to 16 feet and one
story.
b.A detached ADU on a lot with an existing or proposed single-family, two-family
dwelling, or multiple-family dwelling unit that is within one-half mile walking
distance of a major transit stop (Carlsbad Village Station or Poinsettia Station),
shall be allowed a height up to 18 feet. An additional two feet in height (20 feet
maximum) is allowed to accommodate a roof pitch on the ADU that is aligned
with the roof pitch of the primary dwelling.
c.A detached ADU on a lot with an existing or proposed two-family, multiple-
family, multistory dwelling shall be allowed a height up to 18 feet.
d.An attached ADU is allowed a height up to 25 feet, or the height limits of the
applicable zoning for the primary dwelling, but not to exceed two stories.
e.An ADU constructed above or below a detached garage shall be permitted and
shall conform to the height limits applicable to the zone. Structures that contain
an ADU located above or below a detached garage shall be limited to a
maximum of two stories including the garage.
5.Roof decks shall not be permitted on detached ADUs.
6.The construction of an ADU or JADU that is all new construction, or is a conversion of a
portion or all of an existing structure, or expands the square footage of an existing
structure, shall be consistent with all habitat preserve buffers, geologic stability
May 23, 2023 Item #7 Page 21 of 88
setbacks, and visual resource protection policies in the certified local coastal program,
habitat management plan, general plan, or geotechnical report, as applicable.
7.On lots with one-family dwelling(s), the exterior roofing, trim, walls, windows and the
color palette of the ADU or JADU shall incorporate the same features as the primary
dwelling unit.
8.On lots with two-family or multiple-family dwellings, the exterior roofing, trim, walls,
windows and the color palette of the ADU addition shall incorporate the same features
as the existing building that the ADU would be provided within. For detached ADUs, it
shall be reflective of the nearest building as measured from the wall of the existing
building to the nearest wall of the proposed unit.
9.Parking.
a.An ADU shall provide off-street parking in compliance with Chapter 21.44
(Parking), unless it qualifies for an exemption as specified in California
Government Code Section 65852.2 (effective Jan. 1, 20232).
b.No off-street parking is required for a JADU if it meets the requirements
specified in California Government Code Section 65852.22 (effective Jan. 1,
20230).
c.When a garage, carport, or covered parking structure is demolished in
conjunction with the construction of an ADU or converted to an ADU, the loss of
parking for the primary dwelling does not need to be replaced, except on lots
located west of the rail corridor and on lots located east of the rail corridor and
west of Interstate 5 between Avenida Encinas to the north and Batiquitos
Lagoon to the south. In which case, the loss of parking for the primary dwelling
shall be replaced subject to the parking requirements in Chapter 21.44
(Parking), except as follows:
i.The replacement parking spaces may be covered, uncovered, or tandem
spaces, or provided by the use of mechanical automobile parking lifts
(within a garage); and may be located in the front, side or rear yard,
provided the parking area is an improved parking surface, such as
paving, hardscape, decomposed granite, etc.
ii.The location of the replacement parking spaces shall be consistent with
all habitat preserve buffers, geologic stability setbacks, and visual
resource protection policies in the certified local coastal program.
10.ADUs intended to satisfy an inclusionary requirement shall comply with the
requirements of Chapter 21.85, including, but not limited to, the applicable rental rates
and income limit standards.
11.A Notice of Restriction shall be recorded on the property declaring that:
a.An ADU(s) or JADU shall not be used for short-term rentals of less than 30 days.
This requirement does not apply to any unit that was issued a building permit
prior to January 1, 2020.
May 23, 2023 Item #7 Page 22 of 88
b.The obligations and restrictions imposed on the approval of the ADU(s) per
California Government Code Section 65852.2 (effective Jan. 1, 20232) or JADU
per California Government Code Section 65852.22 (effective Jan. 1, 20230) are
binding on all present and future property owners.
c.For a JADU, the property owner must reside in either the primary residence or
the JADU. Sale of the JADU separate from the single-family residence is
prohibited; said prohibition is binding on all present owners and future
purchasers.
12.For ADUs permitted prior to January 1, 2020, the city may continue to enforce a
requirement for owner-occupancy of the ADU or primary residence.
13.An ADU may be sold separately from the primary dwelling only in limited situations
pursuant to California Government Code Section 65852.26 (effective Jan. 1, 20232).
4.Chapter 21.38 “P-C Planned Community Zone” Section 21.38.025 is proposed to be amended as
follows:
21.38.025 Accessory dwelling units.
Accessory dwelling units or junior accessory dwelling units are permitted according to the
provisions of Section 21.10.030.
Accessory dwelling units are permitted according to the provisions of Section 21.10.030 in areas
designated by a master plan for single-family detached dwellings. For accessory dwelling units
proposed on standard lots (minimum seven thousand five hundred square feet in area) which
are developed with detached single-family residences, the development standards of
Chapter 21.10 shall apply. For accessory dwelling units proposed on substandard lots (less than
seven thousand five hundred square feet in area) which are developed with detached single-
family residences, the development standards of Chapter 21.45 shall apply. (Ord. CS-324 § 2,
2017; Ord. NS-718 § 16, 2004; Ord. NS-663 § 11, 2003; Ord. NS-283 § 6, 1994)
5. Chapter 21.45 “Planned Developments,” Section 21.45.090 Table F is proposed to be amended as
follows:
21.45.090 Residential additions and accessory uses.
Table F
Residential Additions and Accessory Uses to One-Family Dwellings and Twin-Homes on Small Lots
Addition/Accessory Use
Minimum Front
Yard Setback
Minimum Side and
Rear Yard Setbacks
Attached/detached patio covers(2) 10 feet to posts 5 feet to posts
May 23, 2023 Item #7 Page 23 of 88
(2-foot overhang
permitted)
(2-foot overhang
permitted)
Non-habitable detached accessory buildings/structures
(e.g., garages, workshops, decks over 30 inches in
height)(1),(2),(3)
20 feet 5 feet
Habitable detached accessory buildings
(i.e. guest houses and accessory dwelling units) (2), (3), (4), (5)
Same setbacks as required for the primary
dwelling
Additions to dwelling (attached) Same setbacks as required for the dwelling
Notes:
(1)Maximum building height is 1 story and 14 feet with a 3:12 roof pitch or 10 feet with less
than a 3:12 roof pitch.
(2)Minimum 10-foot separation required between a habitable building and any other detached
accessory building/structure.
(3)Must be architecturally compatible with the existing structure.
(4) Except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030.
(5)Refer to California Government Code Section 65852.2 (effective Jan. 1, 2023) for front yard
setback requirements allowed for 800 sq. ft. maximum ADUs with four-foot side and
rear yard setbacks and constructed in compliance with all other development standards.
May 23, 2023 Item #7 Page 24 of 88
Exhibit 4
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
• When a permit application for an accessory dwelling unit is
submitted with a permit application to create a new single-
family dwelling or a new multifamily dwelling on the same
lot, provided that the accessory dwelling unit or the parcel
satisfies any other criteria listed in this paragraph.
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.
May 23, 2023 Item #7 Page 25 of 88
Topic City
Discretion
Description
Additional height is allowed for the following:
Max 18 feet for a detached accessory dwelling unit that is within
one-half mile walking distance of a major transit stop/corridor.
An additional two feet in height is allowed (20 feet max.) to
accommodate the ADU’s roof pitch to align with the roof pitch of
the primary dwelling unit.
Max 18 feet for a detached accessory dwelling unit on a lot with
an existing or proposed multifamily (two-family or multiple-family
dwelling), multistory dwelling.
Max 25 feet or the height limitation in the local zoning ordinance
that applies to the primary dwelling, for an accessory dwelling
unit that is attached to a primary dwelling but not to exceed two
stories.
Roof decks Full State law is silent on roof decks.
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.
• For mandatory (by-right) ADUs that are maximum 800
square feet and meet the four feet side and rear setback and
all other required development standards- Front yard
setback requirements cannot prevent the by-right ADU from
being built.
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.
May 23, 2023 Item #7 Page 26 of 88
Topic City
Discretion
Description
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.
May 23, 2023 Item #7 Page 27 of 88
Exhibit 5
Changes to Existing ADU Regulations Table
Topic City's Existing Regulations New State ADU Law (Government Codes Section 65852.2)
Staff Recommended Regulation Updates
ADU
Height
Limitations
A detached ADU
shall be limited to
one story and 16
feet maximum
height. ADUs
constructed above or
below a detached
garage shall conform
to the height limits
applicable to the
zone but maximum
of two stories
including the garage.
Refer to Carlsbad
Municipal Code
(CMC) Section
21.10.030 (E)(4).
State law provides additional
height requirements listed
below:
1. Max 18 feet for a detached
accessory dwelling unit that
is within one-half mile
walking distance of a major
transit stop/corridor. An
additional two feet in height
is allowed (20 feet max.) to
accommodate the ADU’s
roof pitch to align with the
roof pitch of the primary
dwelling unit.
2. A height of 18 feet for a
detached accessory
dwelling unit on a lot with
an existing or proposed
multifamily, multistory
dwelling.
3. A height of 25 feet or the
height limitation in the local
zoning ordinance that
applies to the primary
dwelling, for an accessory
dwelling unit that is
attached to a primary
dwelling but not to exceed
two stories.
All other ADUs will be
regulated by the existing 16
foot standard.
Refer to Section 65852.2
(c)(2)(D)(i-iv).
Staff recommends adding
the new height
requirements but provides
additional clarification listed
below:
1. Two-Family Dwellings are
included in the height
requirements where
multifamily dwelling units
are discussed since the
state defines “multifamily
dwelling” as two units or
more.
2. City of Carlsbad currently
has only two major
transit stops: Poinsettia
Station and Carlsbad
Village Station, and
therefore is called out
when discussing major
transit stops.
May 23, 2023 Item #7 Page 28 of 88
Topic City's Existing Regulations New State ADU Law (Government Codes Section 65852.2)
Staff Recommended Regulation Updates
Mandatory 800
sq. ft. ADU
(attached or
detached) –
Front yard
setback
protrusion
The City currently
permits the
development of
mandatory (By-Right)
ADUs. Mandatory
ADUs shall be 800
square feet
maximum and have a
minimum of four-
foot side and rear
setbacks and
maintain the height
limitations and front
yard setback per the
zone.
State law now requires local
agencies to not restrict the by-
right ADUs due to front yard
setback requirements if it
meets all other local
development standards.
Refer to Section 65852.2
(c)(2)(C).
Staff recommends adding
the new state requirement
by reference of the new
Government Codes Section
65852.2 effective date Jan.
1, 2023 as well as in a
footnote in Section
21.45.090 Table F. As
discussed in the ADU
information bulletin
(Attachment 4), the city will
comply with state law by
allowing mandatory ADUs
to protrude into the front
yard setback to the extent
feasible only where there is
no other alternative to
allow for construction of a
mandatory ADU that
complies with four foot side
and rear setbacks and all
other development
standards.
Permit
Processing
Requirements
The city requires
ADU or JADU
applications to be
acted on 60 days
from when the
application is
deemed complete or
if submitted with a
discretionary permit
application, can be
delayed until the
other permit
Includes same processing time
with additional provisions as
provided below: Within the 60
day review period, if the city
proposed to deny an
application for an ADU or a
JADU, the city shall supply in
writing a full set of comments
to the applicant with a list of
items that are defective or
deficient and a description of
how the application can be
remedied by the applicant.
Refer to Section 65852.2
(a)(3)(B).
Staff recommends adding
the state’s processing
requirement and to specify
that the city will “approve
or deny” the application
rather than “act” on.
May 23, 2023 Item #7 Page 29 of 88
Topic City's Existing Regulations New State ADU Law (Government Codes Section 65852.2)
Staff Recommended Regulation Updates
application is
approved.
The project applicant
can also request a
delay if necessary.
Refer to CMC
21.10.030(B)(3) and
(4).
A demolition permit for a
detached garage that is to be
replaced with an accessory
dwelling unit shall be reviewed
with the application for the
accessory dwelling unit and
both permits must be issued at
the same time.
Refer to Section 65852.2 (a)(4).
Staff recommends adding
the state’s processing
requirement.
Demolition
Notice
Exception
There is no building
or zoning code
standard that
addresses written
notice or placard
posts for demolition
of a detached
garage.
Written notice or placard post
for demolition of a detached
garage that is to be replaced
with an ADU is not required
unless the property is located
within an architecturally and
historically significant historic
district.
Refer to Section 65852.2 (a)(5).
No changes recommended.
This requirement is not
applicable since there is no
written notice or placard
requirement.
Permitting
ADUs or a
JADUs that
involve
nonconforming
uses, building
code violations
or unpermitted
structures
Topic not addressed
in CMC Section
21.10.030, however
Section 21.48.040
does state
nonconforming lots
may be developed,
provided that the
development is
consistent with
applicable city
regulations.
Building Dept./Code
Enforcement also
addresses this topic
through its “Five
Year Enforcement
Stay” Program which
A local agency shall not deny
an application for a permit to
create an ADU or a JADU due
to the correction of
nonconforming zoning
conditions, building code
violations, or unpermitted
structures that do not present
a threat to public health and
safety and are not affected by
the construction of the ADU.
Refer to Section 65852.2(d)(2)
and 65852.22(h)
Staff recommends adding
the state’s ADU permitting
requirement.
May 23, 2023 Item #7 Page 30 of 88
Topic City's Existing Regulations New State ADU Law (Government Codes Section 65852.2)
Staff Recommended Regulation Updates
allows issuance of
ADU permits when
there are
nonconforming or
building violations
unless there is a
present threat to
public health and
safety. However, the
violation(s) must be
addressed within 5
years of ADU permit
issuance.
Parking
Requirements
& Exemptions
An ADU shall provide
off-street parking in
compliance with
Chapter 21.44
(Parking), unless it
qualifies for an
exemption as
specified in California
Government Code
Section 65852.2
(effective Jan. 1,
2022).
Refer to CMC Section
21.10.030(E)(9)(a)
The previous parking
requirements and exemptions
provided by the state during
the ADU Amendments 2020
update, are still applicable.
The state has added one more
exemption which states: A
local agency shall not impose
any parking standards for an
accessory dwelling unit when a
permit application for an
accessory dwelling unit is
submitted with a permit
application to create a new
single-family dwelling or a new
multifamily dwelling on the
same lot, provided that the
accessory dwelling unit or the
parcel satisfies any other
criteria listed in this paragraph.
Refer to (6) Section
65852.2(d)(1)(F).
Staff recommends adding
the new state requirement
by reference of the new
Government Codes Section
65852.2 effective date Jan.
1, 2023.
May 23, 2023 Item #7 Page 31 of 88
Exhibit 6
Planning Commission staff report, dated March 15, 2023
(on file in the Office of the City Clerk)
May 23, 2023 Item #7 Page 32 of 88
Exhibit 7
Planning Commission Resolution No. 7473
(on file in the Office of the City Clerk)
May 23, 2023 Item #7 Page 33 of 88
Exhibit 8
Planning Commission minutes dated March 15, 2023
(on file in the Office of the City Clerk)
May 23, 2023 Item #7 Page 34 of 88
Accessory
Dwelling Units
Public Input
Report
July 2022
Exhibit 9
May 23, 2023 Item #7 Page 35 of 88
1
Accessory Dwelling Unit Permit Ready Program
Public input summary
Introduction
Due to a shortage of housing in California, the state has passed new laws aimed to provide more
affordable housing. These require cities like Carlsbad to create incentives for homeowners to build
accessory dwelling units (ADUs) on their properties and streamline the permit approval process. An
accessory dwelling unit is a secondary house or apartment that shares the building lot of a larger,
primary home and can be attached or detached from the main home.
In response, the city’s recently adopted Housing Plan Update (also called the Housing Element), includes
the creation of a program to encourage homeowners to build accessory dwelling units. The program will
include several permit ready design plans to help streamline the approval process and reduce the cost to
homeowners to design and permit standalone accessory dwelling units.
The city gathered public input in summer 2022 on how to develop the program so that they best meet
the needs of our community.
How input was gathered
City staff gathered input through an online survey:
Online survey
May 13, 2022 – June 1, 2022
199 participants
How the opportunity was promoted
To encourage participation in the community input opportunity, the city promoted the survey
using communication tools and channels including the weekly City Manager’s Update e-
newsletter, city website and social media.
About this input
The input was not gathered through a scientific survey. Instead, the input reflects the opinions
of those who were aware of the opportunity and had the ability to participate. It should be
considered with a similar weight as emails sent to the City Council or public comment at a City
Council meeting.
Summary
City staff have summarized the input below and attached the unedited comments and feedback
as Appendix 1.
Participants were asked a different series of questions depending on how they described their
living situation (current/potential Carlsbad homeowner or current/potential Carlsbad renter).
May 23, 2023 Item #7 Page 36 of 88
2
Homeowner/potential homeowner feedback
Do you already rent out part of your home?
Assuming the right incentives were in place, how likely would you be to build an accessory
dwelling unit on your property in the next five years?
94.41%
4.20%0.70%
0.70%No (94.41%)
Yes, I rent one or more rooms
(4.20%)
Yes, I have a permitted accessorydwelling unit (0.70%)
Yes, I have an accessory dwelling
unit, but I am not sure if meets all
the current permit requirements
(0.70%)
0%5%10%15%20%25%30%35%
Very likely (31.91%)
Likely (19.15%)
Neither likely nor unlikely (11.35%)
Unlikely (7.09%)
Very unlikely (30.5%)
May 23, 2023 Item #7 Page 37 of 88
■
■
■
■
I I I I I I
I -I
3
How appealing are the following types of accessory dwelling units to you?
55.04
38.06
28.36
31.85
6.98
8.21
4.48
4.44
12.40
21.64
15.67
8.15
9.30
21.69
35.82
9.63
16.28
19.40
35.82
45.93
0%10%20%30%40%50%60%70%80%90%100%
A two-bedroom unit
Something attached to my home, like a converted garage or an addition with a
separate entrance
A one-bedroom unit
A stand-alone unit, separate from my home but on my property
1 (not appealing)2 3 4 5 (very appealing)
May 23, 2023 Item #7 Page 38 of 88
I I I I __,__
I I I I
■ ■ ■ ■ ■
4
Below are some of the potential benefits and incentives related to accessory dwelling units. Please tell us how important each one
would be in your decision to consider adding an accessory dwelling unit to your property (or an additional ADU if you already have
one):
May 23, 2023 Item #7 Page 39 of 88
Easy & quick approval process
Discounted permit fees
Grant availability to build an ADU
A step-by-step guide to ADU process
Making it possible for family to live in Carlsbad
A selection of free pre-approved building plans
Financing program to build ADU
Access to expert to calculate costs & long-term benefits
Referrals to certified & experienced architects & contractors
Rent from an ADU to make home more affordable
Increasing my home's value
New discretionary income fro an ADU
Understanding how to get approval from my HOA
Resources to help me be an effective landlord
0%
■1
24.09 1. : c..o 52.55
14:71
29.20 4.38 8.Q3 I ' 47.45
15:94
23.36 7.30 :__12.Al I ' 45.99
10%
1f:r.■.:_8.Q3 • , I 43.07
33.09 11.03 _U .16
:1,a ; 10,9.5
1,15. M:!I. 1A.61l
ID ■l•DM 13 24
29.20 8 .76 18.25
....J.6~06
41.04 9.70
20% 30% 40% 50%
■2 3 ■4 ■5
I 31.62
f8.98
16'.18
1-V
4:1:J:
, • 27.01
trS?
... ,.,___fi...62.;:; =:1c21:::ssio:c=i••llll•N~·•ill•■
~6.A
60% 7fJ'/4 SfJ'/4 9fJ'/4 100%
(not important) (very important)
5
Some homeowners do not want to build an accessory dwelling unit on their properties. Please tell us how much each of the following
would influence your decision to not add an accessory dwelling unit to your property.
95.28
44.27
35.88
43.51
43.08
49.22
33.83
60.16
36.36
38.35
36.92
33.58
30.37
36.84
24.43
38.06
15.27
11.45
12.21
14.62
7.81
9.02
2.34
9.85
12.78
8.46
8.96
11.85
11.28
17.56
7.46
20.61
25.19
18.32
18.46
20.31
24.81
14.84
15.91
12.03
19.23
17.16
13.33
12.78
16.03
12.69
9.92
14.50
12.21
10.00
7.03
15.04
3.91
16.67
13.53
9.23
12.69
15.56
8.27
10.69
9.70
9.92
12.98
13.74
13.85
15.63
17.29
18.75
21.21
23.31
26.15
27.61
28.89
30.83
31.30
32.09
0%10%20%30%40%50%60%70%80%90%100%
I already have an ADU & don’t want another one.
I don’t have time to build and manage an ADU.
I can’t afford to build & maintain an ADU
I don’t know how to calculate all the costs involved.
I don’t know how to be a landlord or think it would be a hassle.
I don’t need the extra income.
The process of adding an ADU seems hard, time consuming or confusing.
I don’t think it’s allowed by my HOA.
I don’t have the funding to finance construction of an ADU.
I am concerned about the legal liability of being a landlord.
I don’t think my property has room for an ADU.
I am uncomfortable with the idea of someone else living on my property.
I am concerned my neighbors wouldn’t like it.
I think it would detract from the aesthetics of my home.
I don’t want to give up part of my backyard.
I don’t think I have enough parking to add an ADU.
1
(not at all)
2 3 4 5
(a great deal)
May 23, 2023 Item #7 Page 40 of 88
-------------------=1•
• • • • •
6
Additional comments on influencing factors
Participants had an opportunity to share additional comments about what would influence
their decision to not add an ADU to their property. Some of the concerns and comments
included:
• Concerns about parking
• Privacy as two-story buildings overlook neighbor’s property
• Increased traffic and pollution
• Safety concerns
• Concerns about density
• Short term rentals
• Effect on city services
• Don’t want to change the character of the neighborhood
The verbatim responses are available in the full survey report included in Appendix 1.
Renter/potential renter feedback (13 survey respondents)
Below are some statements about why some people like renting accessory dwelling units.
Please tell us if you agree or disagree with each statement.
1
(strongly disagree) 2 3 4
5
(strongly agree)
It feels more unique than
living in an apartment. 0 0 3 0 10
I would like to share fewer
walls than I would living in
an apartment. 0 0 2 2 8
I could afford to live
without roommates. 0 1 3 2 7
It would feel more like
living in a home. 0 0 6 1 6
It would be more
affordable than an
apartment. 1 0 4 4 4
I could live in a better
location. 1 1 4 3 4
May 23, 2023 Item #7 Page 41 of 88
7
If you were to consider renting an accessory dwelling unit, please tell us how important the
following features would be to you:
1
(not
important) 2 3 4
5
(very
important)
Privacy 0 0 0 1 12
Monthly cost 0 1 1 0 11
Full kitchen 0 0 1 2 10
Feels safe 0 0 2 1 10
Onsite laundry 1 0 1 0 10
Enough storage/closet space 0 1 1 3 8
Quiet 0 0 1 5 7
Outdoor space 0 0 3 3 7
Long term lease 0 1 2 3 7
Private laundry facilities 0 2 2 2 7
Nearby parking 0 3 1 1 7
Flexible lease 0 0 5 2 6
A safe place to store large items 1 1 3 3 5
I could have pets 3 1 3 1 5
Off street parking 1 1 5 3 3
Parking with EV charging 5 1 4 2 0
Below are some statements about why some people don’t like the idea of renting accessory
dwelling units. Please tell us if you agree or disagree with each statement.
1
(strongly
disagree) 2 3 4
5
(strongly
agree)
They’re too hard to find 2 0 3 1 6
I am worried about parking 4 1 3 1 3
I am not sure if they’re legal 8 2 1 1 1
I don’t want to live in a single-
family home neighborhood 7 3 2 0 1
I don’t like the idea of living in
part of someone else's home 3 4 5 1 0
They’re not big enough for me 6 1 5 1 0
I prefer apartments because
they have pools, gyms and other
amenities 6 3 3 1 0
May 23, 2023 Item #7 Page 42 of 88
8
General feedback (from all survey participants)
Other comments
Participants were asked if they had any other comments related to ADUs. Some of the concerns
and comments included:
• They won’t be affordable
• Flexibility regarding the development of ADUs
• Standards developed according to the neighborhood
The verbatim responses are available in the full survey report included in Appendix 1.
Other considerations
Participants were asked if they had any other comments for the City of Carlsbad to consider as
they develop a program to encourage more ADUs to comply with new state law. Some of the
concerns and comments included:
• They need to be used for long-term leases
• Noise monitoring
• Parking considerations
• Build near transit centers or business districts
The verbatim responses are available in the full survey report included in Appendix 1.
Survey participants
Which of the following best describes you?
May 23, 2023 Item #7 Page 43 of 88
■ I own a single-family home in
Carlsbad (78.89%)
■ I would like to buy a single-
family home in Carlsbad
(5.03%)
I'm renting a place in
Carlsbad (4.52%)
■ I'm looking for rental options
in Carlsbad (5.03%)
■ None oft he above (6.53%)
9
What part of town do you call home?
Which best describes your household?
May 23, 2023 Item #7 Page 44 of 88
■ 92008 (35. 76%)
■ 92009 (23.03%)
92010 (11.52%)
■ 92011 (20.00%)
■ I don't live in Carlsbad
(9.70%)
• Couple living together, no children
(40%)
■ _iving with children under 18 a: home
(24%)
'vtul:iple generations living together
( ;irlult d1il rlmn, p;irn ntf.,
~-••11dµa1e11ls, ~L~.) (22%)
• Si11gl~, livi11~. alo11e (11¾}
• Single, living with roommates (3¾)
10
What is your age group?
May 23, 2023 Item #7 Page 45 of 88
2.45%
■ 18 to 29 (2.45%)
■ 30to 49 (22.70%)
50 to 64 (35.58%)
■ 65and older(39.26%)
Appendix 1
11
Survey Responses
May 23, 2023 Item #7 Page 46 of 88
Accessory Dwelling Unit Permit Ready Program
Ql Which of the following best describes you?
I own a
single-famil. ..
I would like
to buy a ...
I'm renting a
place in ...
I'm looking
for rental...
None of the
above
Answered: 199 Skipped: O
I
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
ANSWER CHOICES RESPONSES
I own a single-family home in Carlsbad 78.89%
I 'MlUld like to buy a single-family home in Carlsbad 5.03%
I'm renting a place in Carlsbad 4.52%
I'm looking for rental options in Carlsbad 5.03%
None of the above 6.53%
TOTAL
l / 39
157
10
9
10
13
199
Appendix 1
12
May 23, 2023 Item #7 Page 47 of 88
Accessory Dwelling Unit Permit Ready Program
Q2 Do you already rent out part of your home?
No
Yes,I rent I
one or more ...
Yes, I have a
permitted ...
Yes, I have an
accessory ...
ANSWER CHOICES
No
Yes, I rent one or more rooms
0% 10% 20%
Yes, I have a permitted accessory dv,elling unit
Answered: 143 Skipped: 56
30% 40% 50% 60% 70% 80% 90% 100%
Yes, I have an accessory d'MJlling unit, but I am not sure if meets all the current permit requirements
TOTAL
2 / 39
RESPONSES
94.41%
4.20%
0.70%
0.70%
135
6
1
143
Appendix 1
13
May 23, 2023 Item #7 Page 48 of 88
Accessory Dwelling Unit Permit Ready Program
Q3 Below are some of the potential benefits and incentives related to
accessory dwelling units (granny flats). Pease tell us how important each
one would be in your decision to consider adding an accessory dwelling
unit to your property (or an additional ADU if you already have one):
Discounted
permit fees
Easy and quick
approval. ..
A selection of
free ...
-I
=:.,__-
-I
I
-
Ansv.ered: 139 Skipped: 60
3 I 39
Appendix 1
14
May 23, 2023 Item #7 Page 49 of 88
New
discretionar ...
Rent from an
Accessory Dwelling Unit Permit Ready Program
===~
• accessory ... ===:::::. ..
Increasing my
home's value
A program that
would help m ...
The
■
• ===.
I
4/ 39
Appendix 1
15
May 23, 2023 Item #7 Page 50 of 88
availability ...
Resources to
help me bea ...
A step-by-step
guide that...
Referrals to
certified an ...
Access to an
expert who ...
Accessory Dwelling Unit Permit Ready Program
■
===---I
I
======:......
■
5 / 39
Appendix 1
16
May 23, 2023 Item #7 Page 51 of 88
Accessory Dwelling Unit Permit Ready Program
iiiiiilll
-■ Making it
possible for ... ==="
I
Understanding
how to get ... =~--
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
■ 1 (Not impo . ■ 2
■ 5 (Very imp ...
6/ 39
Appendix 1
17
May 23, 2023 Item #7 Page 52 of 88
Accessory Dwelling Unit Permit Ready Program
l(NOT 2 3 4 5 (VERY TOTAL WEIGHTED
IMPORTANT) IMPORTANT) AVERAGE
Discounted permit fees 24.26% 4.41% 5.88% 14.71% 50.74%
33 6 8 20 69 136 3.63
Easy and quick approval process 24.09% 1.46% 8.03o/o 13.87% 52.55%
33 2 11 19 72 137 3.69
A selection of free pre-approved building 28.47% 5.84% 8.03o/o 14.60% 43.07%
plans 39 8 11 20 59 137 3.38
New discretionary income an accessory 33.58% 7.30% 16.06% 17.52% 25.55%
dlMllling unit v.ould provide 46 10 22 24 35 137 2.94
Rent from an accessory dlMllling unit 31.62% 11.03% 13.24% 16.18"/4 27.94%
could make my awn home more 43 15 18 22 38 136 2.98
affordable for me
Increasing my home's value 29.20% 8.76% 18.25% 16.79% 27.01%
40 12 25 23 37 137 3.04
A program that v.ould help me get 33.09% 11.03% 11.76% 12.50% 31.62%
financing to build an accessory dlMllling 45 15 16 17 43 136 2.99
unit
The availability of grants to help offset the 29.20% 4.38"/o 8.03o/o 10.95% 47.45%
cost of building an accessory dlMllling unit 40 6 11 15 65 137 3.43
Resources to help me be an effective 41.04% 9.70% 16.42% 17.16% 15.67%
landlord 55 13 22 23 21 134 2.57
A step-by-step guide that v.ould make it 24.64% 2.17% 10.14% 15.94% 47.10%
easy for me to go through the process of 34 3 14 22 65 138 3.59
building an accessory dlMllling unit on my
property
Referrals to certified and experienced 30.66% 5.84% 14.60% 18.98% 29.93%
architects and contractors 42 8 20 26 41 137 3.12
Access to an ex pert IM10 could help me 31.39% 8.03% 10.95% 18.25% 31.39%
calculate the cost, return on investment 43 11 15 25 43 137 3.10
and long income potential
Making it possible for my adult children, 23.36% 7.30% 12.41% 10.95% 45.99%
aging parents or other family to live in 32 10 17 15 63 137 3.49
Carlsbad
Understanding how to get approval from 58.82% 5.15% 6.62% 12.50% 16.91%
my homeawners association 80 7 9 17 23 136 2.24
7 I 39
Appendix 1
18
May 23, 2023 Item #7 Page 53 of 88
Accessory Dwelling Unit Permit Ready Program
Q4 Assuming the right incentives were in place , how likely would you be to
build an accessory dwelling unit on your property in the next five years?
Very likely
Likely
Neither likely
nor unlikely
Unlikely
Very unlikely
Answered: 141 Skipped: 58
0% 10% 20% 300/o 40% 50% 60% 70% 80% 90% 100%
ANSWER CHOICES RESPONSES
Very likely 31.91%
Likely 19.15%
Neither likely nor unlikely 11.35%
Unlikely 7.09%
Very unlikely 30.50%
TOTAL
8/ 39
45
27
16
10
43
141
Appendix 1
19
May 23, 2023 Item #7 Page 54 of 88
Accessory Dwelling Unit Permit Ready Program
Q5 How appealing are the following types of accessory dwelling units to
you?
Something
attached to ...
■
===:--..
-
Answered: 138 Skipped: 61
,...
A stand-alone
unit, separa ...
A one-bedroom
unit
A two-bedroom
I
====
■
unit !:::=:--'
9/ 39
Appendix 1
20
May 23, 2023 Item #7 Page 55 of 88
Accessory Dwelling Unit Permit Ready Program
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
■ 1 (Not appe . ■ 2
■ 5 (Very app.
1(NOT 2 3 4 5 (VERY TOTAL
APPEALING) APPEALING)
Something attached to my home, like a converted garage 38.06% 8.21% 21.64% 12.69% 19.40%
or an addition wth a separate entrance 51 11 29 17 26 134
A stand-alone unit, separate from my home but on my 31.85% 4.44% 8.15% 9.63% 45.93%
property 43 6 11 13 62 135
A one-bedroom unrt 28.36% 4.48% 15.67% 15.67% 35.82%
38 6 21 21 48 134
A tw:i-bed room unit 55.04% 6.98% 12.40% 9.30% 16.28%
71 9 16 12 21 129
10/ 39
Appendix 1
21
May 23, 2023 Item #7 Page 56 of 88
Accessory Dwelling Unit Permit Ready Program
Q6 Some homeowners do not want to build an accessory dwelling unit on
their properties. Please tell us how much each of the following would
influence your decision to not add an accessory dwelling unit to your
property.
-I can't afford
to build and ... ===:---
lam
uncomfortabl ...
-
■
Ansv.ered: 138 Skipped: 61
---I am concerned
my neighbors ... ===-.
I
11/ 39
Appendix 1
22
May 23, 2023 Item #7 Page 57 of 88
Accessory Dwelling Unit Permit Ready Program
I don't think
it's allowed ...
I don't know
I
-
-how to bea ... ==~--
I am concerned
about the le ...
I think it
would detrac ...
I don't want
-
-
-
• ==-
--
12 / 39
Appendix 1
23
May 23, 2023 Item #7 Page 58 of 88
Accessory Dwelling Unit Permit Ready Program
■ The process of
adding an ... ====:;---
-
I don't think
my property ... c_""==-~-~
I don't t hink
I have enoug ...
I already have
an accessory ...
■
■
13 / 39
Appendix 1
24
May 23, 2023 Item #7 Page 59 of 88
Accessory Dwelling Unit Permit Ready Program
I
-I don't know
how to ... ==:;---
■ I don't have
thefunding ... ====~
-
-I don't have
time to buil... !:::::==---
I don't need
the extra ...
■
■
14/ 39
Appendix 1
25
May 23, 2023 Item #7 Page 60 of 88
Accessory Dwelling Unit Permit Ready Program
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
■ 1 (Not at all) ■ 2
■ 5 (A great d ...
I can't afford to build and maintain an accessory dwilling unit.
I am uncomfortable wth the idea of someone else living on my
property.
I am concerned my neighbors wouldn't like it.
I don't think it's allowed by my homeowners association.
I don't know how to be a landlord or just think it would be too much
of a hassle.
I am concerned about the legal liability of being a landlord.
I think it muld detract from the aesthetics of my home.
I don't want to give up part of my backyard.
The process of adding an accessory dwilling unit seems hard, too
time consuming or just confusing.
I don't think my property has room for an accessory dwilling unit.
I don't think I have enough parking to add an accessory dwilling
unit.
I already have an accessory dwilling unit and don't want another
one.
I don't know how to calculate all the costs involved.
I don't have the funding to finance construction of an accessory
ciwilling unit.
I don't have time to build and manage an accessory dwilling unit
on my property.
I don't need the extra income.
OTHER (PLEASE EXPLAIN)
1 (NOT AT 2
ALL)
35.88%
47
33.58%
45
30.37%
41
60.16%
77
43.08%
56
38.35%
51
36.84%
49
24.43%
32
33.83%
45
36.92%
48
38.06%
51
95.28%
121
43.51%
57
36.36%
48
44.27%
58
49.22%
63
11.45%
15
8.96%
12
11.85%
16
2.34%
3
14.62%
19
12.78%
17
11.28%
15
17.56%
23
9.02%
12
8.46%
11
7.46%
10
0.00%
0
12.21%
16
9.85%
13
15.27%
20
7.81%
10
3
25.19%
33
17.16%
23
13.33%
18
14.84%
19
18.46%
24
12.03%
16
12.78%
17
16.03%
21
24.81%
33
19.23%
25
12.69%
17
1.57%
2
18.32%
24
15.91%
21
20.61%
27
20.31%
26
#
1 It w:,uld detract from the aesthetics of the entire neighborhood if design standards are not
enforced.
2 These should only be for family members 'Mlen the property can support an addrtion of equal
architectural design
15 / 39
4 5(A TOTAL
14.50%
19
12.69%
17
15.56%
21
3.91%
5
10.00%
13
13.53%
18
8.27%
11
10.69%
14
15.04%
20
9.23%
12
9.70%
13
0.00%
0
12.21%
16
16.67%
22
9.92%
13
7.03%
9
DATE
GREAT
DEAL)
12.98%
17
27.61%
37
28.139"/4
39
18.75%
24
13.85%
18
23.31%
31
30.83%
41
31.30%
41
17.29%
23
26.15%
34
32.09%
43
3.15%
4
13.74%
18
21.21%
28
9.92%
13
15.63%
20
6/1/2022 9:50 PM
5/31/2022 12: 36 PM
131
134
135
128
130
133
133
131
133
130
134
127
131
132
131
128
Appendix 1
26
May 23, 2023 Item #7 Page 61 of 88
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
Accessory Dwelling Unit Permit Ready Program
To foster distinct communities wth a sense of place -smart Grov,th set standards for
development that respect and reflect the values and cultures of the people who call them
home, and foster physical environments that support a more cohesive community fabric.
Addressing the 'missing middle' -smaller older homes become accessory dwellings to larger
developments, preserving the neighborhoods unique community character while providing an
avenue to incentivize development. Could the City of Carlsbad implement a plan to incentivize
the preservation of historic homes while providing an opportunity (design standards) to add to
the housing inventory?
STREET PARKING IS ALREADY BECOMING AN ISSUE
In order to preserve yard and outdoor space
I like the idea of my children being able to afford to stay in our communrty and raise their
family
I object to the ADU law.
I definitely DON'T like the idea of people converting their garages. They should be for cars.
I don, want to have another building close to me.
I w:iuld be very uncomfortable having renters living v.ithin our development. Our lots are so
small, sound carries so far, parking is already an issue. ADU's wll only add to this problem.
we don, have enough street parking in our neighborhood as it is1
I kn ow there is insufficient room to build an ADU on my lot. The rear fence is the minimum 15
feet from my house and much less than that on either side of the house. But I w:iuld be very
interested in renting a stand-alone ADU from someone else and selling my house or renting it
out so I can downsize.
Totally against ADUs in neighborhood because there is not enough parking and street parking
on too narrow streets is dangerous.
My neighbor has one and the extra people are a nuisance
one was built next door only 4 ft from my fence. It has invaded my privacy and i hate it
I might consider an accessory unit for my disabled son at some point (vs a traditional group
home setting). There's room for it on our property, and that w:iuld give him some degree of
independence. I w:iuldn't consider being a landlord for a stranger though ... too w:irried about
legal hassles or stress.
I hate the idea of adu's. HATE. IT. It creates all kinds of problems in single family
communities, not the least of which is parking. I have followed and paid my HOA dues for
decades. Because I like my neighborhood the way it is. How dare a government agency come
in and throw all that out the v.indow. My neighbors and I are furious. It is wrong on so many
levels.
California has made it hard to want to improve your home because they continue to milk you
for more taxes. Add a pool pay sales tax and then California collects more taxes because the
item you already paid taxes on increases your home value. I would be more like to add an
accessory unit if I didn1 think the state w:iuld add so much in additional property taxes that it
didnt make it IMlrth while. California needs to stop double taxing.
The second half of the survey is hard to answer.
I hate the idea!
Property taxes increase: Ok if increase is based on the ADU alone. Not ok if it revalues
existing property. cannot afford that!
For extended family
16/ 39
5/31/2022 11: 55 AM
5/29/2022 1: 09 PM
5/25/2022 10: 51 AM
5/25/2022 8: 59 AM
5/24/2022 1: 22 PM
5/24/2022 9: 50 AM
5/22/2022 8: 01 AM
5/21/2022 2: 41 PM
5/20/2022 4: 20 PM
5/20/2022 10: 56 AM
5/20/2022 10: 52 AM
5/20/2022 9: 57 AM
5/20/2022 9: 11 AM
5/19/2022 9: 00 PM
5/19/2022 7: 47 PM
5/19/2022 7: 31 PM
5/19/2022 6: 33 PM
5/19/2022 6: 26 PM
5/19/2022 6: 20 PM
5/19/2022 6: 20 PM
Appendix 1
27
May 23, 2023 Item #7 Page 62 of 88
#
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
Accessory Dwelling Unit Permit Ready Program
Q7 What else would you like the city to consider related to accessory
dwelling units?
Answered: 68 Skipped: 131
RESPONSES DATE
Neighbors adjacent to the homeowner planning to add an ADU should be able to have a voice 6/1/2022 9:50 PM
in the approval process for design, privacy issues, and parking requirements.
There should be no approval of ADU's in the city of Carlsbad \Nhose use v,ould be for anything 5/31/2022 1:49 PM
other than long term (minimum monthly) rental. I know the city LOVES the TOT revenue but
short term rentals ruin neighborhoods.
The should relate to the existing dwelling style. consider second floor units to maintain off 5/31/2022 1:29 PM
street parking.
The crty should discourage these at all cost. It will definitely lower the quality of the city as a 5/31/2022 12:36 PM
place to live. Terrible idea! for the state as a \Nhole.
Higher density increases safety concerns. could standards be implemented to increase wall 5/31/2022 11:55 AM
and roof fire ratings beyond the minimum code requirements -especially \Nhen a building is
within the required setbacks Oess than 5')? Los Angeles is banning most gas appliances in
new homes. Encinrtas has adopted a ·green building· ordinance. What can Carlsbad do to
ensure that \Nhile providing housing, the environmental impact related to building construction
and home occupancy is mitigated, and preferably reduced (to Net-Zero)?
Carlsbad should offer the same incentives that the city of Encinitas offers: free pre approved 5/2/J/2022 11:01 AM
architectural plans, and waiving all permit fees.
The City should only place such units on properly zoned lots away from single fami~ zoned 5/29/2022 1: 17 PM
property.
EXISTING ZONING LAWS SHOULD NOT BE CHANGED TO ACCOMMODATE ADU'S 5/29/2022 1:09 PM
so many homes in Carlsbad are part of an HOA Many homes are on relatively small lots. 5/27/2022 7: 57 PM
Need help navigating HoA and architects need to be betrrr Informed about Wlat's possible to
build and how the rules might be different for ADU than a regular addition
\/Vaiving fees for people that can't get the State $40k grant 5/25/2022 6: 30 PM
Increase height limit for accessory to the same as residential height limit. Building 3 bedroom 5/25/2022 10:51 AM
units on top of new garages Wlere the space is available will allow a young fami~ to live there.
some of the Barrio houses are so small that an accessory v,ould need to be bigger than the
original house. Low income housing needs safe v,ork truck size garage parking and safe tool
storage for many w:irkers. Allow this in ADU's to provide extended family housing and w:iuld
clean up properties!
There seems to be great resources on the internet. It would be nice to have Wlat's out there 5/25/2022 8:59 AM
organized into one place.
Please do NOT promote ADUs! It is a bad law that takes control of our communities out of the 5/24/2022 1: 22 PM
hands of residents. DO NOT waste Carlsbad resources on promoting this bad laW'
The building department needs to have ans\/1/ers for non conforming issues. I tried to get help 5/24/2022 12:42 PM
since last August. I can, get past the front clerk. Beyond frustrating. I've done all the w:irk and
now need city assistance. My emails ignored, so I gave up for now.
Parking, location, most of Carlsbad is not low income, ADU's would rent high 5/24/2022 12:03 PM
Don, allow ADUs on single fami~ zoned property. 5/24/2022 9: 54 AM
I love the idea and cost saving of having our parents being able to live with us. Even our kid's 5/24/2022 9:50 AM
after college.
17 / 39
Appendix 1
28
May 23, 2023 Item #7 Page 63 of 88
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
Accessory Dwelling Unit Permit Ready Program
Some Neighbors 'MIi object to building accessory dv,ellings-howlMII the City assist 5/24/2022 8:38 AM
homeowners 1Mth this issue?
The process needs to be easy and ery fast. It should take few months from start to finish 5/23/2022 1: 20 PM
including permits and the actual building.
Parking. If you are to approve accessory dv,ellings you must account for parking. It is 5/22/2022 10:23 PM
irresponsible to allow homeowners to add to the neighborhood population wthout providing
additional parking -or account for current parking availability. Accessory dv,ellings must not
block the scenic view of a neighbor. Accessory dwellings must be a specified distance from
the property line. I 'Mlrry the accessory dv,ellings 'MIi diminish the asthetics of our
neighborhood and cause our housing values to drop.
A process to speed up permits. __________ 5/22/2022 8:07 PM
Noise, animals, and neighbor & neighborhood relationships. 5/22/2022 5: 06 PM
The increase in dv,elling unrts has these costs to the city: More cars on the same roads, more 5/22/2022 3: 11 PM
water, wastewater, and sev,er costs, more public safety officers and fire safety officers
needed, and more crOMled beach and recreation areas that need city funded services.
I'm so pleased that the city is considering ways to incentivize the construction of ADUs. I think 5/22/2022 2:05 PM
that visuals 'MlUld also help people "picture" what an ADU might look like and how it might fit
on their property. some basic 3-D site rendering services might also be useful.
It violates w,at was agreed upon in the original development plan, of w,ich I approved. That 5/22/2022 9: 02 AM
was the town I thought I moved to. Granny flats lead to more pollution, more crOMling, more
traffic. It will make carslabd more like Miami.
No parking available. My objections and those of my neighbors are not considered. It 'MIi 5/22/2022 8:01 AM
adversely impact MY property value. CrOMI more people increases crime,
The percentage of housing space, square footage, to the land available. Parking, water use, 5/21/2022 2:41 PM
school enrollment, fire and police protection need all be considered.
Too much traffic on the city streets and highway already! 5/20/2022 4: 20 PM
DON'T ALLOW TVvO STORY BUILDINGS OVERLOOKING A NEIGHBOR'S 5/20/2022 1:45 PM
FENCE/PROPERTY
After 24 years of owning our Olde Carlsbad home, v,e have explored adding an ADU a number 5/20/2022 12:51 PM
of times. Our neighbor added one for their son and wfe. It took up most of their backyard
because it is only a single story. The only way we could add an ADU and retain any usable
outdoor space 'MlUld be a 2-story ADU. This is not allowsd on an R1 at this time, which makes
the point moot. Almost all coastal lots are not feasible for single-story detached units anymore.
This is why every new coastal (and even inland nowadays) unit is a 2-3 story & even 4 in the
Village/Barrio MP. Until this is changed v,e do not see coastal ADUs as a viable solution to the
housing affordability crisis.
Support repeal of the state law. 5/20/2022 12: 50 PM
No No No ruins the neighborhood 5/20/2022 12:40 PM
As mentioned above, make it easy to apply and build 5/20/2022 12:21 PM
ADUs are being shoved down resident's throats. The realrty is, Carlsbad, like most of socal is 5/20/2022 12:19 PM
becoming overpopulated. Traffic is bad and getting 'Mlrse. Resources (electricity and water)
are approaching the breaking point.
I am not in support of ADU because it 'MlUld change the make-up of the neighborhood 1Mth 5/20/2022 12:04 PM
more renters and parking issue
Can the sev,er and water supplies support many ADUs? ____________ 5/20/2022 11:07 AM
Insist on off-street parking availability. 5/20/2022 10:52 AM
I am very concerned wth ADU's affecting the character and quality of life in single family 5/20/2022 10:28 AM
neighborhoods. Parking is an obvious problem. Most lots are not big enough to build a stand
alone structure anyway. \/\/hat's next? Replacing single family homes 1Mth multi-family condos?
free, pre approved building plans 'Mluld be 'Mlnderful for Carlsbad. Encinitas has them as does 5/20/2022 10:24 AM
18/ 39
Appendix 1
29
May 23, 2023 Item #7 Page 64 of 88
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
Accessory Dwelling Unit Permit Ready Program
the County of San Diego.
please don't allow more than one. I wish none at all. 5/20/2022 9: 57 AM
I have had to put up extra security. I think the regulations to build them in residential 5/20/2022 9: 11 AM
neighborhoods are too lenient
Those building accessory unrts should have to provide off street parking for renters. The 5/20/2022 8: 17 AM
streets are already congested with people not using their garages or driveways for parking.
IM)Uldn't want more permanent residents parking on the street making it hard for our visitors to
find parking.
l)Concerned over increased cars in neighborhoods. 2) Crow:!ed lots and infringement onto 5/20/2022 7:55 AM
neighboring property. 3) Encinitas already has a very controlling stance on ADUs and I don't
want our local government to mandate them 'Mlen new construction is pursued. Also I am
concerned that government regulations WJuld require that my tenant meet certain
requirements, but if the unit were on my O\M'l property, I WJu ld want to choose the tenant as a
member of the family, not as a business deal.
The state of california does not have enough water to support further growth. I'm against ADU's 5/20/2022 7:54 AM
primarily because adding more housing to Carlsbad IM)Uld only add more cars and traffic.
Traffic, especially on El Camino is becoming a significant issue in regards to quality of life for
our City.
I am concerned with the ADUs being built in 92008. There is one on BasSIM)Od that is 5/20/2022 5:55 AM
ridiculous -11\0 stories, looks like an apartment building between 11\0 single family, single story
homes. I rs atrocious.
Restrict them as much as possible 5/19/2022 11:37 PM
Impact on traffic and crime 5/19/2022 10:53 PM
Guide on howto split lots 5/19/2022 10:52 PM
concerns related to ADUs for disabled family members -accessibility ('Mleelchalr ramps, 5/19/2022 10:39 PM
parking for caregivers, access to special ADA compliant building plans & permits, etc. HUD
approval process.
Allow short term rentals in all areas of the city for ADUs 5/19/2022 9: 39 PM
Make available pre approved plans for small stand alone and conversions of garages. 5/19/2022 9:04 PM
A financial incentive for building an ADU IM)Uld be appealing to me personally (since it could be 5/19/2022 9: 00 PM
a possible long-term solution for my disabled son). Not sure we truly need more "density" in
Carlsbad overall though.
wave the fees and approve prebuilt units 5/19/2022 8: 22 PM
Grants and incentives and have each one approved added to the city's percentage of 5/19/2022 8: 17 PM
affordable housing
would like to see predone plans for over garages. I HATE the idea of separate guest houses 5/19/2022 8:09 PM
too near property lines or hovering over peoples yards.
Build low income apartments instead. 5/19/2022 7:47 PM
Parking and traffic 5/19/2022 7: 39 PM
Try to get the state to not increase property taxes for the additional value it adds to the 5/19/2022 7:31 PM
property. creating affordable housing is helping the state as well
Property line setback 5/19/2022 7:29 PM
It seems that you WJuld need to look at the effect on all City services with this increase in 5/19/2022 7: 08 PM
density.
Parking is a big problem as qurte a fewWJrkers from Vigilucci's park on our street along with 5/19/2022 6:57 PM
beach goers.
Traffic, parking, crime, difficult to evict tenants in California ... I am also concerned these units 5/19/2022 6:45 PM
will be turned into AB&B's as I am already seeing this happen in my neighborhood.
19/ 39
Appendix 1
30
May 23, 2023 Item #7 Page 65 of 88
63
64
65
66
67
68
Accessory Dwelling Unit Permit Ready Program
Obfuscate the state. 5/19/2022 6: 28 PM
This is a horrendous idea being forced on us by the state. Parking wll be an even larger 5/19/2022 6:24 PM
problem. \M1ere do they ex peel the added services such as \Nater to come from. Schools,
police, and fire departments wll all be effected. Our beautiful neighborhoods were not
established for these types of structures. Other cities are already dealing wth fees associated
wth w th type of unit built ... ie low income, etc. stop and think of your citizens, think of our
environment. Step up and fight back'
I do not \Nani these types of units on my property or in my neighborhood. 5/19/2022 6: 22 PM
The one that is being built in our neighborhood is an eyesore and there are far too many cars. 5/19/2022 6:20 PM
To vet and partner wth 3d green companies like MightyBuilding or ecoprefab etc that v,ould 5/19/2022 6: 20 PM
make it quick and easy to build. Also HOA's and the city to not make it difficult for homes w th
hills to cut down the slope to allow space for an ADU. Thank you for asking about this! we
love Carlsbad but need to be able to have our elderly parents and adult children have a place
to stay and have their privacy.
please include a plan at the minimum size of 150 sf. not all of us have big yards 5/18/2022 s:os PM
20/ 39
Appendix 1
31
May 23, 2023 Item #7 Page 66 of 88
Accessory Dwelling Unit Permit Ready Program
Q8 Below are some statements about why some people like renting
accessory dwelling units (granny flats). Please tell us if you agree or
disagree with each statement.
I could live
in better ...
It would feel
■ ■
Ansv.ered: 13 Skipped: 186
====.----
more like ... =~--------
It would be
more afford a ... ======
■ l l"n11l,-l~ffnr,-I -----
21/ 39
Appendix 1
32
May 23, 2023 Item #7 Page 67 of 88
Accessory Dwelling Unit Permit Ready Program
·--·---·-------
It feels more
unique than ... _____ _
I would like
to share les ... =====
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
■ 1 (Strongly . ■ 2
■ 5 (Strongly ..
22 / 39
Appendix 1
33
May 23, 2023 Item #7 Page 68 of 88
Accessory Dwelling Unit Permit Ready Program
1 (STRONGLY 2 3 4 5 (STRONGLY TOTAL
DISAGREE) AGREE)
I could live in better location. 7.69% 7,6goA, 30.77% 23.08% 30.77%
1 1 4 3 4 13
It would feel more like living in a home. 0.00% 0.00% 46.15% 7.69% 46.15%
0 0 6 1 6 13
It would be more affordable than an apartment. 7.69% 0.00% 30.77% 30.77% 30.77%
1 0 4 4 4 13
I could afford to live 'Mthout roommates. 0.00% 7,6go/o 23.08% 15.38% 53.85%
0 1 3 2 7 13
It feels more unique than living in an apartment. 0.00% 0.00% 23.08% 0.00% 76.92%
0 0 3 0 10 13
I would like to share less walls than I would living 0.00% 0.00% 16.67% 16.67% 66.67%
in an apartment. 0 0 2 2 13 12
23 / 39
Appendix 1
34
May 23, 2023 Item #7 Page 69 of 88
Accessory Dwelling Unit Permit Ready Program
Q9 If you were to consider renting an accessory dwelling unit, please tell
us how important the following features would be to you:
Answered: 13 Skipped: 186
Privacy
■ ■ Off street
parking ====::::;----
Enough
storage/clos ...
Nearby parking
-
■
==---....
-
24/ 39
Appendix 1
35
May 23, 2023 Item #7 Page 70 of 88
Accessory Dwelling Unit Permit Ready Program
■
■ Parking with
EV charging .,;;;;;===::::;------
-Private
laundry ... =====:
■
Onsite laundry
Full kitchen
(stove. oven ... ==---
25 / 39
Appendix 1
36
May 23, 2023 Item #7 Page 71 of 88
Accessory Dwelling Unit Permit Ready Program
Outdoor space
(patio, ... ==:;;;;;=;;;:==
I could have
-■
PfilS ===-----
Feels safe
QUifil
26/ 39
Appendix 1
37
May 23, 2023 Item #7 Page 72 of 88
Monthly cost
(including ...
Flexible lease
Long term lease
Safe place to
Accessory Dwelling Unit Permit Ready Program
■
■
■ ■
store my bik ... ======
27 / 39
Appendix 1
38
May 23, 2023 Item #7 Page 73 of 88
Accessory Dwelling Unit Permit Ready Program
0'% 10% 20'% 30% 40% 501% 6 0% 700/o 80% 90"/o l()()Q/o
■ 1 (Not impo .. ■2 .3 ■4 ■s01eryimp ...
1 (NOT 2 3 4 5 (VERY TOTAL
IMPORTANT) IMPORTANT)
Privacy 0.00% 0.00% 0.00% 7.69% 92.31%
0 0 0 1 12 13
Off street parking 7.69% 7.69% 38.46% 23.08% 23.08%
1 1 5 3 3 13
Enough storage/closet space 0.00% 7.69% 7.69% 23.08% 61.54%
0 1 1 3 8 13
Nearby parking 0.00% 25.00% 8.33% 8.33"/4 58.33%
0 3 1 1 7 12
Parking wth EV charging 41.67% 8.33"/4 33.33% 16.67% 0.00%
5 1 4 2 0 12
Private laundry facilities 0.00% 15.38% 15.38% 15.38% 53.85%
0 2 2 2 7 13
onsite laundry 8.33% 0.00% 8.33"/4 0.00% 83.33"/o
1 0 1 0 10 12
Full kitchen (stove, oven, refrigerator, sink) 0.00% 0.00% 7.69% 15.38% 76.92%
0 0 1 2 10 13
Outdoor space (patio, balcony, yard access) 0.00% 0.00% 23.08% 23.08% 53.85%
0 0 3 3 7 13
I could have pets 23.08% 7.69% 23.08% 7.69% 38.46%
3 1 3 1 5 13
Feels safe 0.00% 0.00% 15.38% 7.69% 76.92%
0 0 2 1 10 13
Quiet 0.00% 0.00% 7.69% 38.46% 53.85%
0 0 1 5 7 13
Monthly cost (including utilities) 0.00% 7.69% 7.69% 0.00% 84.62%
0 1 1 0 11 13
Flexible lease 0.00% 0.00% 38.46% 15.38% 46.15%
0 0 5 2 6 13
Long term lease 0.00% 7.69% 15.38% 23.08% 53.85%
0 1 2 3 7 13
Safe place to store my bike, surfboard, other 7.69% 7.69% 23.08% 23.0So/o 38.46%
large items 1 1 3 3 5 13
28/ 39
Appendix 1
39
May 23, 2023 Item #7 Page 74 of 88
Accessory Dwelling Unit Permit Ready Program
Q10 Below are some statements about why some people don't like the
idea of renting accessory dwelling units (granny flats). Please tell us if you
agree or disagree with each statement.
They're too
hard to find
I am not sure
if they're ...
I don't like
the idea of...
Ansv.ered: 13 Skipped: 186
-
==---~
-
■
-
==-------
-l n.-J0.------
29/ 39
Appendix 1
40
May 23, 2023 Item #7 Page 75 of 88
Accessory Dwelling Unit Permit Ready Program ·~'"'"'-apartments ...
■ They're not
bigenoughf ... ==~--------
■ I am worried
about parking ===-----
-
-I don't want
to live in a ... ----~
■
0% 10%
■ 1 (Strongly ..
■ 5 (Strongly ..
20% 30% 40% 50% 60%
30 / 39
70% 80% 90% 100%
Appendix 1
41
May 23, 2023 Item #7 Page 76 of 88
Accessory Dwelling Unit Permit Ready Program
1 (STRONGLY 2 3 4 5 TOTAL
DISAGREE) (STRONGLY
AGREE)
They're too hard to find 16.67% o. 000/4 25.00% 8.33% 50. 000/4
2 0 3 1 6 12
I am not sure if they're legal 61.54% 15.38% 7.69% 7.69% 7.69%
8 2 1 1 1 13
I don't like the idea of living in part of someone 23.08% 30.77% 38.46% 7.69% 0.000/o
else's home 3 4 5 1 0 13
I prefer apartments because they have pools, gyms 46.15% 23.08% 23.08% 7.69% 0.00%
and other amenities 6 3 3 1 0 13
They're not big enough for me 46.15% 7.69% 38.46% 7.69% 0.000/4
6 1 5 1 0 13
I am IMlrried about par1<i ng 33.33% 8.33% 25.00% 8.33% 25.000/o
4 1 3 1 3 12
I don't v.ant to live in a single-family home 53.85% 23.08% 15.38% 0.000/o 7.69%
neighborhood 7 3 2 0 1 13
31/ 39
Appendix 1
42
May 23, 2023 Item #7 Page 77 of 88
#
1
2
3
4
5
6
Accessory Dwelling Unit Permit Ready Program
Qll What else would you like the city to consider related to accessory
dwelling units?
Answired: 6 Skipped: 193
RESPONSES DATE
It w:,uld be nice if different neighborhoods had different design rev iew standards for the ADUs 6/1/2022 2:25 PM
that go into each neighborhood. That way they would not be neighborhood busters. The ten
ADUs on one property have to go.
Development of ADUs should be as flexible as possible and interpretation of the code where 5/24/2022 11:11 AM
gray areas exist should be interpreted in a way most favorable to homeowners.
I am concerned that the cost of rental on ADUs '1.0Uld be just as high as apartments 0t,ilich are 5/23/2022 9: 23 AM
out of reach for many of us). The city could aid homeowners in building ADUs in the form of
subsidies in exchange for guaranteed affordability and rental price controls. That way wi'd get
more affordable units in the city, not just more of the same.
The ADU'S need to be affordable 5/20/2022 9:03 PM
A good wibsite to find places to rent these that is more reputable/trusl\/.Orthy than 5/20/2022 10:20 AM
craigslist/facebook marketplace, but is also free
Giving seniors first dibs! 5/19/2022 7:43 PM
32 / 39
Appendix 1
43
May 23, 2023 Item #7 Page 78 of 88
#
1
2
3
4
5
6
Accessory Dwelling Unit Permit Ready Program
Q12 What would you like the City of Carlsbad to consider as it develops a
program to encourage more accessory dwelling units to comply with new
state housing laws?
Answered: 6 Skipped: 193
RESPONSES DATE
long term leases. If affordable housing is the goal vs vacationers long term leasing of 12 5/2912022 9: 28 AM
months at a time is necessary
Noise Monitoring 5/25/2022 10:05 AM
Do not provide permrt ready plans. we have 'Mlrked extensively wth the counties plans as well 5/2412022 11: 19 AM
as Encinitas his plans. They are costly to build poorly laid out and in general do not provide
any easier path to permrtting. They are not permit ready in any sense still requiring a site plan,
trtle 24 and in some cases additional design parameters such as a survey.
Get exemptions from the coastal commission 5/23/2022 8: 42 AM
Parking implications 5/2112022 1:59 PM
I understand Why the city is encouraging more ADUs but I would prefer to see housing built 5/1912022 7:24 PM
near transit centers or business districts (wth jobs) rather than changing the character of our
established single family neighborhoods. Most ADUs will not offer low rents and they provide
no place for tenant's parking other than the streets.
33 I 39
Appendix 1
44
May 23, 2023 Item #7 Page 79 of 88
Accessory Dwelling Unit Permit Ready Program
Q13 What part of town do you call home?
Answered: 165 Skipped: 34
92008
92009 -
92010
92011
I don't live
in Carlsbad
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
ANSWER CHOICES RESPONSES
92008 35.76%
92009 23.03%
92010 11.52%
92011 20.00%
I don't live in Carlsbad 9.70%
TOTAL
34/ 39
59
38
19
33
16
165
Appendix 1
45
May 23, 2023 Item #7 Page 80 of 88
Accessory Dwelling Unit Permit Ready Program
Q14 Which best describes your household?
Single, living
alone
Single, livingl
with roommates
Couple living
together, no ...
Answered: 161 Skipped: 38
-----------
Living with
children und ...
Multiple
generations ... _____ _
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
ANSWER CHOICES
Single, living alone
Single, living wth roommates
Couple living together, no children
Living wth children under 18 at home
Multiple generations living together (adult children, parents, grandparents, etc.)
TOTAL
35 / 39
RESPONSES
10.56% 17
3.11% 5
40.37% 65
23.60% 38
22.36% 36
161
Appendix 1
46
May 23, 2023 Item #7 Page 81 of 88
Accessory Dwelling Unit Permit Ready Program
Q15 What is your age group?
Answered: 163 Skipped: 36
18to29 I
30to 49
SO to 64
65 and older
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
ANSWER CHOICES RESPONSES
18 to 29 2.45% 4
30 to 49 22.70% 37
50 to 64 35.58% 58
65 and older 39.26% 64
TOTAL 163
36/ 39
Appendix 1
47
How Opportunities Were Promoted
May 23, 2023 Item #7 Page 82 of 88
Input wanted on "accessory dwelling units"
The city wants your input to help develop a program to encourage more
"accessory dwelling un its" (what used to be called granny fl ats) to comply with
new state housing laws. Specifically, the state now req uires cities like Ca rlsbad
to create incentives for homeowners to build accessory dwelling units on their
properties as a way to increase the supply of affordable places to live.
We are looking for input from property owners and from those who might be
interested in renting this type of housing Take the online survey, now through
June 1.
Feedback gathered will be used by city staff to draft a package of incentives for
the City Council's consideration. We expect it will take about a year to have
something ready to present
Learn more
Appendix 1
48
May 23, 2023 Item #7 Page 83 of 88
Give inpu t on accessory dwelling units program
The city is seeking input to help develop a program to encourage more accessory dwelling units to comply
with new state housing laws.
05/13/2022 5:04 PM
•• City H,11 ■
Newsroom
ie4 1-''lnt • l-e«lb.1Ck: g :,hare & t:IOCknl.lfk 1-00t ~le'. a Cl
Give input on accessory dwelling un its program
Post Date: 0S/13/2O22 S:04 PM
ThP ~itv i~ ~FPking inr 11t tn hPlp rlPvelnr ;, r·ngr;im tn Pnrnur;igp mnre ;irc-Fssnry rlwPlling 11nits tn rnmrly with nPw st;it~
hou~ing law~. As purt cf u series of rew C~lifor ,iu luws ui11cd at prcviding more afforduble housing, the ;t.ite now recuires
ci1ies like Carlsbaj to create incentives for homeowners to build ·acce;sory dwel ing units," often called granny 'lats, on their
pro~erties.
The program is one of several incluced in the city's recently adopted Housirg Plan UP-date that aim to help impnve
Carlsbad's supply of future housing.
Take the on line surve11 available through June 1, 2022.
Fcecbuck got h~rcd wil be used by city staff to dr~ft u puck~gc of incentives for t he City Council'~ con~idcrution. ',le expect t
w II take abou t a year to ha~e something ready to present.
Background
DJe to a shcrtage of housing in California, t i e state has passed several new laws aimed at Jroviding more affordable
Appendix 1
49
May 23, 2023 Item #7 Page 84 of 88
,(('°' City of Carlsbad
'-. May 19 at 7:58 PM
This weeK we nave a short COVID-19 update, followed by other news of the
weeK, including:
-update on city finances and the local economy
-Number hOmeless in Carlsbad down 20%
-Important meeting on the future of the power plant site
Input on ·accessory ctwelling units· aka granny flat
-Celebrating all things public worKs
-Summer reading program volunteer opportunity
-Get rid of bu lKy items
-WeeKend activities (and a few tem porary road closu res)
-upcoming public meetings
-Honoring thOse wno serve
https://conta. cc/3Iqdo0r
C
NEWS
UPDATE
fromth, i ..
CITY MANAGER
FLOOR PLANS
Studio One Bedroom Two Bedroom Three Bedroom
Ex
h
i
b
i
t
1
0
Ma
y
2
3
,
2
0
2
3
It
e
m
#
7
P
a
g
e
8
5
o
f
8
8
0
B
16'-8'
KffCHEN
{c[JJ)
UV/NG AREA
,----
1
I
I
I
L_~
l3
DW
0
~ ~
•.t'•iD"
c=Jc=J
BEDROOMt
\
~ -
UVIHGROOM
~
POIICH
0
!a
!\
t!'-0"
CJCJ
ow
~
==-----g :I)
LJVINGROOII
D -----======:~7=
D °,;OPTIONAL ::
I/ING SPACE rl 1/ 11
11
11
11
11
11
□
B£DROOll2
" il
~
E<-:
□
LIVING ROOlll ~
~o CT ~-,
1--1 "-----J ii II II II
98>llOCW 3 /ii
OR OPTlONAl i/
LIVING SPACE II
II II II
II
t
ELEVATIONS – THREE STYLES
Studio One Bedroom Two Bedroom Three Bedroom 18
Ma
y
23
,
20
2
3
It
e
m
#7
Pa
g
e
86
of
88
STUDIO ONE BEDROOM
TWO BEDROOM THREE BEDROOM
Ma
y
2
3
,
2
0
2
3
It
e
m
#
7
P
a
g
e
8
7
o
f
8
8
ADU Permit Fee Analysis Size of ADU (square feet)
Municipality 499 sf 749 sf 1,200 sf Fee calculation Notes
Oceanside $5,000 $5,000 $5,000 Deposit account
San Diego
$4,925 $4,925 $4,925 Flat fee
ADU Bonus Program: Rented
at very low-, low-, or
moderate-income for 15
years.
ADU Finance Program: Up to
$200k loans for ADU
construction for eligible
households (<80% AMI, etc.)
Solana Beach $3,772 $3,772 $3,772* Flat fee *Maximum ADU size is 1,000
sf.
Vista1
$3,598 $3,652 $3,750 $3,490.00 + $7.94/$11K
valuation
Impact fee waiver for lower
income household (less than
80% San Diego County
adjusted median), or
a family member of caregiver
of an occupant of the primary
dwelling.
Del Mar
$3,060 $3,480 $4,237*
$1,788.00 + ($993.75 +
$5.60/$1k valuation over $100k)
500 sf floor area bonus for
ADUs rented at 30% of 70%
area median income for 30
years.
*Maximum ADU size is 1,000
sf if not using bonus program.
Carlsbad2
$2,064 $2,064 $2,209 ($1,251.00 + $0.44/sf) +
(65% of fee)
City offers four permit ready
ADU floor plans, available in
May.
San Marcos2
$1,460 $1,460 $1,460* Flat fee
City developing permit ready
ADU plans.
*Maximum ADU size is 1,000
sf. ADUs >750 sf are subject toFacility Fees (PFF/CFD)
starting at $16,870.
County of
San
Diego1,2
waiver
through
2023
$0 $0 $0 Fees waived County offers six sets of ADU
floor plans. post
waiver $3,132 $3,229 $3,405 $2,937.00 + $0.788/sf
Encinitas1,2
$0 $0 $0 Fees waived
Development Services
Department permit fees
waived via ordinance in 2018.
City offers eight sets of permit
ready ADU floor plans.
1 = Has a fee waiver program.
2 = Has permit ready ADU program.
Exhibit 11
May 23, 2023 Item #7 Page 88 of 88
From:
Sent:
To:
Cc:
Subject:
Attachments:
Follow Up Flag:
Flag Status:
Assistant <Assistant@loftinbedell.com>
Monday, May 22, 2023 1 :37 PM
All Receive -Agenda Item # 7
For the Information of the:
Council Internet Email; Keith Blackburn; Melanie Burkholder; Carolyn Luna; Priya Bhat-
Patel; Teresa Acosta
Sue Loftin; City Clerk; Jeffrey Alpern; john@evolvdesigninc.com; Ronald Kemp; Manager
Internet Email; Shelley Glennon; Eric Lardy
Alpern 450 City of Carlsbad 010: City Council Hearing on 5/23/23, Item 7 on Agenda
2023.05.22 Letter Regarding Item 7 on 5-23-23 Agenda.pdf
Follow up
Completed
Dear Honorable Mayor Blackburn and Council Persons,
Attached to this email is a letter from LoftinlBedell PC regarding tomorrow night's (5/23/23) City Council
. Hearing, Item No.7 on the Agenda.
Have a wonderful day.
Sincerely,
Lauren Caggiano
LOFTIN I BEDELL P.C.
Office: 760.431.2111
Direct: 760.444.4037
Fax: 760.842.0432
Web: www.loftinbedell.com
Email: assistant@loftinbedell.com
2S40 Gateway Road, Carlsbad, CA 92009
Attention: This email has limited purposes. It may not contain the full extent of any conversation related to a specific topic and may not represent
legal advice on a specific topic. Emails are abbreviated means of communication and as such cannot be relied upon for a full and complete
response to any factual or legal issue. ·
Privileged and Confidential Communication: This email message and its contents are legally privileged and confidential information that is
intended solely for the use of the intended addressee. If the reader is not the intended recipient, you are hereby notified that any dissemination,
distribution, copying, or other use of this message and its contents is strictly prohibited. If you have received this email message in error, please
contact the sender by reply email immediately and destroy all copies of the original message.
CAUTION: Do not o en attachments or click on links unless ou recognize the sender and know the content i
1
LOFTIN I BEDELL
ATTORNEYS AT LAW
Hand Delivery and Electronic Transmission (.council@carlsbadca.gov; keith.blackbum@
carlsbadca.gov; melanie.burkholder@carlsbadca.gov; carolyn.luna@carlsbadca.gov; priya.bhat-
patel@carlsbadca.gov; teresa.acosta@carlsbadca.gov)
May 22, 2023
Mayor Keith Blackbum
1200 Carlsbad Village Drive
Carlsbad, CA 92008
Council Member Carolyn Luna
1200 Carlsbad Village Drive
Carlsbad, CA 92008
Council Member Teresa Acosta
1200 Carlsbad Village Drive
Carlsbad, CA 92008
RE: City Council Hearing: May 23, 2023
Item No.: 7
Council Member Melanie Burkholder
1200 Carlsbad Village Drive
Carlsbad, CA 92008
Mayor Pro Tern Priya Bhat-Patel
1200 Carlsbad Village Drive
Carlsbad, CA 92008
Subject: Zoning Ordinance Amendments to Encourage Development of Accessory
Dwelling Units and Junior Accessory Dwelling Units (ZCA 2023-
0001/LCPA 2023-017/PUB 2023) and Proposed Permit-ready ADU
Program
Requests: Support Amending the Null and Void Current CMC 21.04.020 with
additional modifications for consistency with State Statute [ Cal.
Government Code Section 65852.2(a)(6); Statute reference, "65852.2" or
"Statute';]
Dear Honorable Mayor Blackbum and Council Persons:
Jeffrey and Molly Alpern (the "Alperns") own the property located at 7133 Obelisco Circle,
Carlsbad, California 92009, which is improved with a single family dwelling with appropriate zoning
(the "Property"). The Property was purchased June 30, 2021 solely to have the space to provide a
Detached ADU. The Detached ADU is required to provide close housing to care for, and of the size to
accommodate the needs of, their disabled veteran son, which otherwise would not be affordable. The
planning and engineering companies required to prepare an application for a Detached Accessory
Dwelling Unit were retained shortly after purchase. They commenced the City of Carlsbad ("City")
approval process in January 2022 of a Detached Accessory Dwelling Unit ("ADU"). As a result of
2540 Gateway Road • Carlsbad • California • 92009
T: 760.431 .2111 • Direct: 760.444-4040 • www.loftinbedell.com • Sue@loftinbedell.com
LOFTIN I BEDELL P.C.
The Honorable Mayor Keith Blackbum,
and Council Persons
May 22, 2023
Page 2 of 5
receiving comments and requirements related to the proposed plans inconsistent with the applicable
Statute from City staff from January 2022 through early September 2022, LoftinlBedell P.C., Attorneys
at Law, were retained as counsel. The comments submitted below to the proposed amendment to City
Municipal Code 21.10.030 ("CMC" or "Ordinance") are made on behalf of the Alpems. 1
First, Alperns and this Firm want to thank staff for endeavoring to amend the ADU/JADU
ordinances to comply with the 2023 New State Statute, 65852.2 and for their recognition that this version
of 65852.2 is currently scheduled to expire December 31, 2024, with a new 65852.2 effective January 1,
2025, and currently there are State bills pending which would result in amendments or a new 65852.2
Statute to take effect January 1, 2024. We understand and sympathize with the monumental effort it
takes to remain current with the frequent state elected officials', annually and at times more frequently,
changes to State statutes.
Alperns' Background Related to Comments on Proposed Ordinance
The background of Alperns' efforts highlights some of the concerns expressed in the comments
on the proposed modification to CMC presented below. This information is not provided to request you
consider their matter, which is not before you. On October 8, 2022, a meeting was held among the City
staff, including Eric Lardy, Esteban Danna and others (the "City Team") and Jeffery Alpern, John
Schuller and Sue Loftin (the "Alpern Team"). The design and engineering plans were reviewed,
including the applicability of the Hillside Development Regulations (CMC 21.95).2 The discussion
resulted in the Alpern Team understanding that there was compromise and agreement among the Teams,
for all development standards, except the size of the Detached ADU. The size issue was, and is, an
important issue to the Alpems in that the purpose of the Detached ADU is to provide housing for a
disabled veteran son, who otherwise would not be able to afford housing in a location that provided
access to his ongoing care and sufficient size to accommodate the long term care equipment and
caregivers. The size issue had two components: (i) legal: the applicability of the State statute and the
pending modifications to go into effect in 2023 ( copies of both were provided at the October 8th meeting)
and the invalidity of the City ordinance and (ii) the design of the Detached ADU to accommodate the
needs of the disabled veteran. The City Team recommended filing an Application for Reasonable
Accommodation pursuant to CMC 21.87 ("ARA") to address the Detached ADU size issue in that the
requests exceeded the minimum size but did not exceed the maximum size in the Statute. In summary,
the request under the 2023 Statute was:
1197 Sq. Ft. 2-Bedroom Detached ADU
1000 Sq. Ft. Minimum size under Statute
1 It is not the intent of this correspondence to address the modifications to the Junior Accessory Dwelling Units ("JADU"),
65852.22, the City Housing Element, or Local Coastal Program (the property is not in the Coastal Zone).
2 To facilitate the discussion related to the plans, photos were taken of neighboring properties, the hillside development of
recreational facilities, tennis courts, swimming pools, other structures, and stairs going down the hillside ending at the lower
street with gate access thereto, as well as updated plans and legal issues related thereto, including copies of 2022 and 2023
65852.2.
LOFTIN I BEDELL P.C.
The Honorable Mayor Keith Blackbum,
and Council Persons
May 22, 2023
Page 3 of 5
1200 Sq. Ft. Maximum size under Statute
The Alpern Team elected to implement that advice. Due to the new ADU Statute to take effect
January 1, 2023 (which is not in effect), the decision was made to file the ARA application after
January 1, 2023, for clarity regarding the applicable Statute, which decision was shared with the City
Team. On January 30, 2023, the ARA was filed. The ARA requested accommodation related to the size
of the ADU. On or about March 4, 2023, the "l st Cycle Review Comments" to the ARA was received
attached to a letter dated March 2, 2023, executed by Esteban Danna, which referenced and misstated
the 2022 (not the 2023) State statute and the City's ADU ordinance. Two of the Comments asserted the
mandatory maximum was 800 sq. ft. misstating two Statutory provisions. [65852.2(c)(e)
(l)(A);(c)(2)(C)] The mandatory provision of these two Statutory provisions are a prohibition on the
local jurisdiction from reducing the minimum size for ADU under very specific circumstances, e.g.,
when a lot has or is proposed to have three habilitation units (single family home, ADU and JADU).
This misunderstanding by the staff person created months of delay and increased costs. The 800 sq. ft.
mandatory minimum is an exception to the general minimum sizes and applies only to limited, specific
circumstances including a single family residential lot with a single family home, an ADU and a JDU
otherwise the general minimum size contained in the Statute apply. [65852.2(c)(e)(l)(A));(c)(2)(C).3]
The 800 sq. ft. mandatory minimum that can be imposed by a local jurisdiction is not currently in the
proposed Ordinance and is not clearly presented in Exhibit 5, p. 27.4
In an attempt to create a general and simplified Ordinance, the simple reference to the Statute
generally results vagueness and confusion by staff and the general public. 5
The content of the pt Cycle Review Comments to the ARA was based on the 2022 Statute. All
responses thereto were based on the assumption the then-existing City ordinance was, and would remain,
in place and that the 2023 Statute was applicable. (A copy of the Response to pt Cycle Comments is
attached hereto as Exhibit A, except the confidential disability information is excepted therefrom.)6
During the time between the October 8, 2022 meeting and the submittal of Response to the 1st Cycle
Review Comments on May 15, 2023 forwarded to Eric Lardy, only at his instruction, numerous emails
and telephone communications exchanged regarding the amendments to the plan designs, size and the
filing of the ARA related to this project, including emails providing City staff with updates on the
progress of obtaining necessary information with the last update occurring on May 1, 2023 , and no City
· staff person mentioned the plan to amend the City ordinance. Clearly, prior to the distribution of the 1st
3 The Amendment proposed on SR p. 14 to 21.45.090 Residential additions and accessory uses, Notes, item 5, also
references 800 sq. ft. Maximum ADUs without distinguishing this category from the 2-bedroom 1,000 sq. ft. and !-bedroom
850 sq. ft. minimum.
4 See footnote 3.
5 As to other specific instances of vagueness and misstatements and misstatements of 65852.2, the Alpems object thereto and
r~serve and preserve all rights to object thereto.
6 Note: The staff person, Esteban Danna who prepared the 1st Cycle Comments is no longer with the City. The examples are
used from that document to illustrate issues.
LOFTIN I BEDELL P.C.
The Honorable Mayor Keith Blackbum,
and Council Persons
May 22, 2023
Page 4 of 5
Cycle Review Comments dated March 2, 2023, City staff knew the City ordinance was being amended. 7
As of May 9, 2023, the CMC index for zoning had no alert symbol that there was a pending change to
the ordinance. If the issue related to applicability of the 2023 Statute and its provisions had been clear,
both the City and the Applicant would have saved time and money.
There is not an obligation for a local jurisdiction to adopt an ordinance implementing the ADU
(or JADU) State statutes, but if the election is made to adopt such an ordinance, it must comply with the
State statutes. [ 65 852.2(1 ). ] If an ordinance of a local jurisdiction fails to meet the requirements of the
State statutes, then it "shall be null and void." [65852.2(a)(6).] The draft ordinance proposes to refer to
the State statute generally as 65852.2, and any change to that statute would thereby be incorporated into
CMC 21.10.030 (Staff Report, p. 3 and 4) and would provide "notice" to the public that the references
in the proposed Ordinance to 65852.2 amend said Ordinance. 8 This is inadequate "notice" to the public
of an amendment to an ordinance and results in substantial vagueness of the ordinance provisions. The
purpose is to reduce the need to restate or amend the Ordinance. There is no provision in 65852.2 for
automatic restatement or amendment to an Ordinance due to statutory change and no other provision of
law which permits such automatic restatement or amendment. The State statute is clear that an ordinance
must meet the requirements of the ADU statute. Further, simply incorporating the entire State statute
65852.2 into provisions of the Ordinance imposes an impractical obligation on an applicant who prior
to completing an application must research the state statute and analyze it to determine whether the
statute has been changed, and if so, which sections of the Ordinance have been changed. Vagueness and
imposition of legal analysis of changes in the Statute (potentially effective January 1, 2024 and again, in
2025) creates an Ordinance that generally leads to difficulty in administering for a City and in
compliance for the public. 9 The Statute mandates an Ordinance to provides objective standards in
limited areas such as design and prohibits requirements with additional permits. The Ordinance does not
include objective standards which would address vagueness and expedite approvals.10 Assuming the
inclusion of a reference to the general Statute provides clarity for all concerned is misplaced, and
automatic amendment of an amended or new ADU/JADU Statute is not legally supportable.
7 For purposes of this matter, City records related to this matter including all materials, plans, designs, photographs of
neighbors' improvements on the hillside, the 2022 and 2023 State statutes, and all electronic and other communications
including attachments thereto are hereby incorporated into the record of this matter. The materials, especially the emails and
various submittals, are extensive.
8 See, an example of the general reference to State statute: Staff Report, p. 9: 21.04.121 Dwelling unit, accessory (ADU)
Refer to California Government Code Section 65852.2 (effective January 2009)
9 The concept of the Permit-Ready ADU Program is supported, particularly due to the time and money expended, by the
Alpems. (See, Staff Report, pp.83-87.) The exterior descriptions and elevations appear to conflict with the requirements in
the State statute and with the appearance of many of the single family residences' architectural designs. If the concept is to
provide the floor plans and not require the exterior descriptions and elevations then that would be of assistance in some
situations. The Program and the Ordinance fail, however, to acknowledge that manufactured homes and efficiency units are
specifically authorized under the State statute. [65852.2(j)(l).]
10 Examples: The Executive Summary, page 3, limits the definition of a JADU as created within the walls of a proposed or
existing single-family home. [65852.2(a)(l)(D)(iii); 65852.22.]
LOFTIN I BEDELL P.C.
The Honorable Mayor Keith Blackburn,
and Council Persons
May 22, 2023
Page 5 of 5
CONCLUSION
The Ordinances before you is a commendable effort to amend the existing City
ADU/JADU Ordinance to incorporate the provisions of the new 2023 Statute which replaced the prior
2022 Statute which replaced the prior 2021 and so forth. The coniti1ents above are based on the
experience with the Alpems' effoits and in other jurisdictions attempting to · "keep-up" with the
legislature's frequent amendments, or complete replacements of, existing statutes.11 In an attempt to
create a general and simplified Ordinance, the result is vagueness resulting in· instances of confusion by
staff and the general public.12 Clarity and detail provides both a local jurisdiction and its staff, and the
public, the objective standards under which compliance with the Statute and related ADU/JADU
ordinance can be achieved. Recognizing the elements required for the practical application by the
general public saves both the City and the general public time and money.
Based on the . foregoing, please consider the balance between City flexibility in ordinance
modification and practical application.
Sincerely,
LOFTIN I BEDELL P.C.
By: L. Sue Loftin, Esq.
cc: City Clerk (clerk@carlsbadca.gov)
Client (alpemj@hotrnail.com)
John Schuller, Evolv Design (john(c1,.evolvdeshminc.com)
Ronald Kemp, Senior Assistant City Attorney (ronald.kernp1£L1carlsbadca.~ov)
Scott Chadwick, City Manager (manager(a:carlsbadca.1.?0v)
Shelley Glennon,Associate Planner (shellev.!!lennon(wcarlsbadca.gov)
Eric Lardy, City Planner (eric.lardv(c1,:carlsbadca.gov)
11 Again, the above is not intended to be aµ exhaustive list of issues but rather representative only.
12 As to other specific instances of vagueness and misstatements and misstatements of 65852.2, the Alperns object thereto
and reserve and preserve all rights to object thereto,
EXHIBIT A: ALPERN'S RESPONSE TO 1 ST CYCLE REVIEW
COMMENTS DATED MAY 15, 2023
(CONFIDENTIAL DISABILITY INFORMATION
OF DISABLED VETERAN NOT INCLUDED)
t LOFTIN I BEDELL
ATTORNEYS AT LAW
V-za U.S. Mail & Electronic Transmission (Eric.Lardy@carlsbadca.gov)
Mayl5,2023
Eric Lardy, City Planner
City of Carlsbad
Planning Division
1635 Faraday Ave.
Carlsbad, CA 92008
Re: Applicant: Alpern Application for Reasonable Accommodation for a 1195 Sq. Ft. Detached ADU
Project Location & Zoning: 7133 Obelisco Circle, Carlsbad, APN 215-450-18-00, R-15 GP
Land Use Designation, Zoned R-1-15000
Case Number RA 2023:..0001 -Letter of Incompleteness, March 2, 2023 ("Letter of
Incompleteness")
Topic: Applicant's Response to Letter of Incompleteness
Dear Mr. Lardy,
The Applicant, Mr. Alpern (the "Applicant''), appreciates the time you and other Carlsbad City
("City") personnel have expended on this matter. The purpose of this correspondence is to address the
issues raised in the Letter of Incompleteness prepared by Esteban Danna transmitted to John Schuller
referenced above (''Danna Correspondence") in response to the Alpern Application for Reasonable
Accommodation ("Request for Reasonable Accommodation" or "Application") for a two bedroom,
detached accessory unit and to increase the mandatory permissible size of the detached two bedroom
ADU1 of 1000 square feet2 to 1195 square feet. The total additional square footage requested is 195
square feet The square feet requested is within the maximum 1200 square feet permissible under the
state statute. [Government Code§ 65852.2(a)(D)(v).] The only size designated under the Carlsbad
Municipal Code ("CMC") is 1200 square feet and therefore the Request for a Reasonable
Accommodation may be unnecessary. (CMC 21.10.020 E.3.b.) ·
For all purposes. herein, the COITespondence dated January· 30, 2023 submitted on behalf of
Mr. Alpern with the Application for Reasonable Accommodation is hereby incorporated as though full
set forth herein ("Applicant 2023 Correspondence"). As stated therein, verbally and via email, the
decision was made to resubmit the Application after January 1, 2023 due to the amendments to the
1 Accessory dwelling unit as defined in 658$2.2 (8) (C )(j)(l) ("ADU'').
2 California Qovemment Code section 65852.2, effective January 1, 2022 and in the amended statute effective
January 1, 2023 ("65852.2") (c )(2)(B).
2540 Gateway Road • Carlsbad • California • 92009
T: 760.431.2111 • Direct 760.444-4040 • www.loftinbedell.com • Sue@loftinbedell.com
LOFTIN I BEDELL P.C.
Eric Lardy, City Planner
Case Number RA 2023-0001
May 15, 2023
Page2 oflO
applicable statutes which modified the then-existing state statute and became effective January 1, 2023
along with all municipal ordinances. As provided in the January 30, 2023 correspondence:
... (i) the ADU statutes, including the amendments contained in California AB 2221, signed by
the Govern.or on September 28, 2022, amending California Government Code §65852.2
effective January I, 2023, and the Carlsbad City Ordinance 21.010.030 ("CMC") as amended
· on July 19, 20223 and CMC 21.95 (Hillside Development Regulations [as amended]) ... which
zone is not applicable to this project, and (ii) the plans, photographs and other materials related
to this proposed project.
Notwithstanding the foregoing reference, based upon a response to the question posed related
to the amendment Government Code§ 65852.2 by AB 2221, the understanding is that if the
application for the ADU was submitted prior to December 31, 2022, then the prior statute would
prevail and if the application is submitted on or after January 1, 2023, then the amended
Government Code§ 65852.2 would prevail.2 As shared with you.via electronic transmission,
Alpern elected to defer submittal. until· the January 1, 2023 statute became effective to avoid
submitting under one state statute with a replacement statute becoming effective during the
processing periods ....
This "Response Correspondence" shall be based on Government Code § 65852.2, effective
January 1, 2023 ("65852.2") aI1.dlimited to the addressing the issues raised in the Danna Correspondence
and Attachment A thereto dated .March 2, 2023, which Danna Correspondence assumed CMC
§ 21.010.030 provisions superseded and preempted 65852.2 whereas the contrary is true. The Danna
Correspondence listed an additional Attachment B, Processing Project-Schedule, which attachment was
not included in the correspondence and therefore is not addressed herein.
ATTACHMENT A
COMMENTS
Planning Division Comments. The opening statement of the Danna Correspondence shares the
conclusory opinion of the Planning Staff and City Attorney's Office regarding the planning and legal
positions propounded throughout the Letter of Incompleteness to the Request for Reasonable
Accommodation contained in the January 30, 2023 Applications. The comments to the opening
statements are generally incorporated in the response to the Comments. With all due respect, the
Applicant and this Firm disagree with the conclusions. The Danna Correspondence conclusions
designated by bullet points in bold in the Danna Correspondence are responded to in the same order as
presented, but referenced with numbered paragraphs (rather than unnumbered bullet points) for ease of
3 As of the date of amendment of CMC 21.010.030, some provisions were not in compliance with the 2022
amendments to the 65752.2 and also ~d, and does not, incorporate the amendments effective January 1, 2023
including the size of a detached ADU.
Alpren450Reasonable Accommodation5-l 5023
LOFTIN I BEDELL P.C.
Eric Lardy, City Planner
Case Number RA 2023-0001
May 15, 2023
Page 3 of 10
reference. The Danna Correspondence bullet points are highlighted in bold and the response thereto is
in regular black print with only certain portions highlighted for emphasis.
1. Pursuant to Government Code Section 65852.2 (a)(l) a local agency may pass an
ordinance that provides for the creation of accessory dwelling units.
As a stand-alone statement, it is accurate, but misleading. This statement omits the
mandatory requirements as provided in said section, to wit: The ordinance shall do all of the
following: [the pertinent sections are discussed below].
2. Pursuant to Government Code Section 65852.2(a)(l)(B)(i), a local agency may impose
objective standards on accessory dwelling units.
Again, as a stand-alone conclusory statement, it is accurate, but misleading. Standards may
not be imposed which conflict with the mandatory provisions of the statute which states in
pertinent part:
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 th<?:r:e:after apnlv the stand¥4~ e~.1:Jl.bg_shed in this .§..ubdivisiog for the
apnroval of accessorv dwellimnmits ... [2023-65852.2(a)(6).] ·
See, also, 2022 version of 65852.2(4) which also mandates an ordinance that does
not meet the requirements of the subdivision shall be null and void.
As discussed below, the City ordinance fails to meet the requirements of the statute. The
below discussion is responsive only to the issues raised by the Danna Correspondence and
does not purport to provide a detailed list of each failure to meet the requirements of the
statute.
3. Carlsbad Mµnicipal Code (CMC) (sic) Section 21.010.030 allows for a detached
accessory dwelling unit of a maximum size of 1,200 square feet in a single family
residential zone, which is in conformance with the local agency ordina~ce requirement
of permitting at least an 800 square-foot accessory dwelling unit. [Government Code
Section 65852.2 (c)(2)(C).]
In reviewing the ordinance online as of May 2023, CMC Section 21.020.030, contrary to the
statement above, it does not restrict the Application before you to ~tleast an 800 s( uarefoot
accessorv dwellin!a! unit .
Alpren450Reasonable AccommodationS-15-23
LOFTIN I BEDELL P.C.
Eric Lardy, City Pla.Iiner
Case Number RA 2023..:0001
May 15, 2023
Page 4 of 10
The Danna Correspondence relies on Section 65852.2(c)(2)(C), which mandates an 800
square feet minimum, which section is not applicable to the Application before you in that
the Application does not invoke any of the specific conditions stated therein, which based
upon limits related to such items as percentage of the proposed or existing primary dwelling
and other specific conditions, would reduce the size of the ADU to less than 800 square feet.
Further, the Danna Correspondence referred to 65852.2(e)(l)(B)(ii) in a separate section in
that correspondence which, again, does reference 800 square feet in connection with a lot
proposal for three housing units: single family housing unit, ADU and JADU. This section
also does not apply to the Application before you in that it is an application for a detached
ADU on a lot. improved with a single family housing unit.
As presented in prior correspondence and in discussions, the CMC 21.10.030 was null and
void as of the date of submissions of the 2022 and 2023 applications for an ADU. The repeal
of CMC 21.10.030 and reenactment of said section passed by the City on September 1, 2020,
established a maximum size of 1,200 square feet, but no minimum size for the ADUs
(65852.2(£)], apparently leaving the determination to the discretion of the City staff. Based
on the foregoing, the Ordinance fails to meet the standards of 65852.2, and therefore, is null
and void. [65852.2(a)(6).] Therefore, the denial of the applications for ADU and related
Request for Reasonable Accommodation based on these null ordinances was, and is,
rmproper.
"Notwithstanding paragraph (1) a local agency shall not establish bv ordinance anv
of the followin!!:
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 thap. · one bedroom.
[65852.2(c)(2)(B).]
CMC Section 21.10.030 E.3. provides in part that "maximum size shall be limited"
and section E.3.b. provides ''Detached ADUs -1,200 square feet." There is no
minimum size designated.
The minimum size for a two bedroom detached ADU is 1,000 square feet. The Ordinance
fails to meet the standards of 65852.2, and therefore, is null and void. 65852.2(a)(6) [2023];
65852.2( 4) [2022]. Further, the Ordinance fails to establish a minimum size for an ADU and
criteria for determining approval of a size less than 1,200 square feet [CMC
21.10.030€(3)(b)] thereby failing to provide an objective standard which ''means standards
that involve no personal or subjective judgement by a publi¢ official and are uniformly
verifiable by reference to an external and uniform benchmark or criterion available" to all
parties. [65852.2(8)(C )(j)(7).]
Alpren450Reasonable AccommodationS-15-23
LOFTIN I BEDELL P.C.
Eric Lardy, City Planner
Case Number RA 2023-0001
May 15, 2023
Page 5 of 10
4. However, the applicant has asked to place the accessory dwelling unit on a downhill
perimeter slope which has a gradient of greater than forty percent and an elevation
differential of greater tllan fifteen feet, which is not permitted by CMC Section
21.95.140( C)(l )(b )(iii).
This blanket statement without the acknowledgment of the detailed discussion with staff
regarding the location and design of the detached ADU was surprising. During that
conversation with staff, specific design of detached ADU, locat:ion separate from but
adjacent to the residence, stairs to access front of lot onto to Obelisco Circle, installation of
retaining wall to stabilize the flat area for construction of the detached ADU, limited dirt
movement, access to Babilonia Street via stairs and a gate as every other hillside home along
Babilonia to provide a secondaxy ingress/egress particularly in the event of a disasters or
emergency, and other construction/development issues related to the location and the
hillside. Notwithstanding, the Applicant's position that the Hillside Development
Regulations did not apply to this project, the Applicant accepted and conceded to the
requests of staff.
Further, this blanket statement without the acknowledgment of the development on the
adjacent, · similar slopes appears disingenuous particularly given the photographs and
discussions of said development including without limitation major accessory development
(e.g., tennis court, and all other lots have stairs with a gate to Babilonia). The appearance is
that a detached ADU for accommodating a disabled veteran is not acceptable.
Toe only issue highlighted during the meeting as problematic for the application was the
proposed size of the detached ADU based on the City's position that the square footage
could not exceed 800 square feet and be exempt from the Hillside Development Regulations.
As discussed supra, · the City cannot artificially impose an 800 · square feet limitation in
contravention with the statute on the size of the detached ADU.
Notwithstanding the Applicant's concessions regarding the applicability of the Hillside
Development Regulati()ns, the Applicant's position remains CMC 21.95.010, et seq. does
not apply to this Application for a Reasonable Accommodation to increase the size of the
detached accessory dwelling.
As provided for in 65852.2 (a)(7), no other local ordinance, policy, or regulations shall be
the basis for the delay or denial of a building permit or a sue permit under this section.
The Hillside Development Regulations are a separate local ordinance, policy or regulation,.
and therefore, cannot be a basis for delay or denial.
Alpren450Reasonable AccommodationS-15-23
LOFTIN I BEDELL P.C.
Eric Lardy, City Planner .
Case Number RA 2023-0001
May 15, 2023
Page6of10
· Assuming arguendo, without conceding its validity, that CMC 2 L 10.020 is valid then the
request for the reasonable accommodation for a 2-bedroom, 1197 square feet detached ADU
is exempt from the Hillside Development Regulations under the statute and ordinance as a
mandatory approval under the .statute. [65852.2 (a)(D)(v);(c)(2)(B); CMC 21.10.030(E)
(3)(b).] .The City Ordinance only provides a maximum limitation of 1,200 square feet
[CMC 2Ll0.030(E)(3)(b)] and based thereon, the detached ADU should be approved.
Further, the City Ordinance fails to provide objective standards for evaluating an application.
[65852.2(8)(C)(j)(7).]
S. Government Code Section 65852.2(e) requires a local agency to ministerially approve
an application for an accessory dwelling unit under certain circumstances even if it
does not meet the requirements of the local ordinance, however these mandatory
accessory dwelling units are limited in size to 800 square-feet (Government Code
Section 65852.2 ( e )(l)(B)(ii).
The statutory section stated relates to the circumstances related to the request to locate one
accessory dwelling unit arid one junior accessory dwelling unit per lot with a proposed or
existing single-family dwelling. In other words, the lot would have located thereon a single-
family dwelling, an accessory dwelling unit and one junior accessory dwelling unit = three
(3) housing units. Tiris section does not apply to the matter being considered under the
Application before you.
The City ordinance has no reference to an 800 square feet limitation, nor does this limitation
as referenced in the state statutes apply to the factual circumstances of this matter. [ See,
sections relied on by Danna which are not applicable: 65852.2( c)(2)(C); ( e )(1 )(B)(ii).] The
only size limitation applicable to this Application in the City Ordinance permits a maximum
size of 1200 square feet.
6. Furthermore, the application included a request pursuant to CMC Section
21.87.030(8), for reasonable accommodation may include a modification or exception
to standards to eliminate regulatory barriers and provide a person with a disability
equal opportunity to the housing of their choice.
The Request for Reasonable Accommodation was provided to address the mandatory
statutory size requirements for a detached ADU with the size requirement of a
minimum 1,000 square feet and a maximum 1,200 square feet for a two bedroom detached
· accessory dwelling unit [65852.2(c)(2)(B)] and to comply with the only provision in the City
ordinance which limits size to 1,200 square feet [CMC 21.10.030(E)(3)], whereas in the
Danna Correspondence, the City staff asserts that the maximum size permissible was 800
square feet. . ·
Alpren4S0Reasonable AccommodationS-15-23
LOFTIN I BEDELL P.C.
Eric Lardy, City Plantier
Case Number RA 2023-0001
May 15, 2023
Page 7 of 10
Additionally, the information regarding the use of the detached ADU initially was provided
in response to questions and subsequently, to a recommendation by staff to resolve the square
footage issue.
7. Pursuant to· CMC Section 21.87.040(A), the reasonable accommodation application
shall state fully the circumstances and conditions relied upon as grounds for the
application. The application shall include an explanation of how application of the
existing zoning, land use or building code provision, regulation, policy or practice
would preclude the provision of reasonable accommodation.
Question 4 of the City Form states: Give the reason that the reasonable accommodation
may be necessary for you or, the individual with disabilities seeking the specific housing, to
use and enjoy the housing. You do not need to tell us the name or extent of your disability or
that of the individual(s) seeking the housing.
Pursuant to CMC 21.87.050 the applicant requests this information and attached hereto be
retained in a manner so as to respect the privacy rights of the applicant and disabled person,
and will not be made available for public inspection.
The disability, is the result of injuries while serving in the United States Armed Services and
is a permanent disability which limits certain physical and mental capacities. See. Exhibit A.
Confirmation of Disability from the Department of Veter:an Affairs. which is separateh
provided to as::;i,st with the confidentialitv and r rivac,' of the veteran. This confirmation was
previously provided.
To reiterate and include additional information, the reason an accommodation is necessary
is that space is required to provide the necessary in-home treatment and rehabilitation, and
space for the placement and use of permanent equipment for the in-home treatment plan.
Additional space is required to accommodate a physical therapist and caregiver. As stated,
in the separate confirmation from a medical document approximately 200 square feet is
required fo accommodate the permanent equipment for ongoing, in-home care and for the
staff required for that continuing on-going in-home care. See, Exhibit B. Confirmation of the
e<.ruipment and staff required to care for the disabled veteran. and for accommodation for
various care .nroyiders. whicli is separatelv provided to assist with the confidentialitv and
p_rivacy ofth.eveteran.
Lastly, the disabled veteran is the son of the Applicant. The location of the ADU adjacent to
the Applicant's single family residence is important for the facilitation of the long term care
requirements of the disabled son and provides the mental health benefits of being close to
family. The disabled veteran would not be able to afford the medical and mental health care
if required to seek residency in a facility.
Alpren450Reasonable Accommodation5-15-23
LOFTIN I BEDELL P.C ..
Eric Lardy, City Planner
Case Number RA 2023-0001
May 15,20~3
Page 8 of IO
8. Pursuant to CMC Section 21.87.060, the City Planner may approve the request for
reasonable accommodation by making the following fmdings:
a. The housing, which is the subject of the request for reasonable accommodation, will
be occupied by an individual with a disability protected under fair housing laws;
The purpose of the application for a reasonable accommodation is to provide housing
for a disabled veteran, who is the son of the Applicant.
The request for reasonable accommodation is to provide stable, affordable housing
with sufficient square footage to accommodate necessary physical therapy
equipment and services from in home caregivers .. physical therapist, other
professionals and to be adjacent to family for needed additional assistance and
support.
The Vietnam Bra Veterans' Readjustment Assistance Act of 1974, as amended
("VEVRAA") 38 U.S.C. § 4212), prohibits discrimination against protected
veterans. Under VEVRAA, a veteran may be classified as a "disabled veteran,"
"recently separated veteran," "active duty wartime or campaign badge veteran," or
"Anned Forces service medal veteran. "
Military and veteran status was added to the list of characteristics protected against
housing discrimination to the California Fair Employment and Housing Act in 2019,
which became effective January 1, 2020.
Medical and psychological conditions act as further barriers to stable housing.
California Department of Veterans Affairs, www.calvet._ca.gov.
b. The requested accommodation is necessary to make housing available to an
individual with a disability protected under the fair housing laws;
Disabilities are· broadly defined in California as conditions that limit a major life
activity, including physical and mental disabilities, ari.d disability due to medical
conditions. Under the FERA, a disability can be defined as a physical or mental
impairment that limits a major life function, such as working. ''Under the FEHA,
stress, anxiety, arthritis, irritable bowel syndrome, depression, frequent urination,
and PTSD would all qualify as disabilities." HunterPyle Law.com.
c. The requested accommodation would not impose an undue financial or
administrative burden on the city;
Alpren450Rcasonable Accommodation5-15-23
LOFTIN I BEDELL P.C.
Eric Lardy, City Planner
Case Number RA 2023-0001
May 15, 2023
Page 9 of 10
There is no negative :financial impact on the City. All costs and expenses for the
construction and maintenance of the detached accessory building is paid by the
property owner and disabled person. The positive financial impact is the addition of
a housing unit and increased property taxes.
d. The requested 'accommodation would not require a fundamental alteration in the
nature of the city's land use and zoning and building regulations, policies, practices,
and procedures, !llld for housing in the coastal zone, the city's local coastal program.
The subject lot is not within the coastal development zone. Detached accessory
dwelling units are permitted and given the size and configuration of the subject lot,
there is not a negative impact on setbacks and similar requirements. The detached
ADU will be constructed consistent with the applicable statutes and ordinances.
Therefore, staff may only approve a mandatory ADU (not to exceed 800 square feet) on a
downhill perimeter slope. Approval of an ADU exceeding 800 square feet on a downhill
perimeter slope may only be approved if the City Planner is able to make the findings for
approving a Reasonable Accommodation application.
As discussed supra, the statutory subsection on which the above conclusion rests is not applicable
to this application for Reasonable Accommodation or the analysis of the underlying detached ADU.
(inapplicable statutory section: [65852.2 8 (c )(e)(l)(A).]
In order to continue the review for the requested reasonable accommodation, staff requests
the following additional information:
1. The proposed floor plan does not show the provision of special . accommodations or
accessibility features. Pursuant to CMC Section 21.87.040(A), please provide more
information . on how the increase in permitted square footage accommodates the
applicant's disability.
As discussed supra, the additional space is required to install permanent equipment for
treatment and space to accommodate care providers. The interior accessibility such as
required in other types of physical and mental disabilities (e.g., bound to a wheelchair) are
not applicable. Exterior access to and from the ADU will be shown on the full project plans,
which will be modified and :finalized if this Reasonable Accommodation Request is granted.
2. Pursuant to CMC Section 21.87 .040(8), please provide proof of applicable disability in
the form to make the determination that the disability justifies the reasonable
accommodation of a note from a medical doctor or other third-party professional that
allows the City Planner in the form of increased square footage for the proposed ADU.
Alpren450Reasonable Accommodation5-15-23
LOFTIN I BEDELL P.C.
Eric Lardy, City Planner
Case Number RA 2023-0001
May 15, 2023
Page 10 of 10
This document is being provided separately as Exhibit B hereto.
For all of the reasons stated herein, the minimum square footage approval pursuant to the statute
statutory requirements for a two bedroom detached ADU is 1000 square feet not 800 square feet as stated
by reliance on inapplicable state statutes. The Application for Reasonable Accommodation requests an
additional 195 square feet which is less than the total statutory maximum of 1200 square feet. The plans
did not include the placement of the permanent equipment or the second bed for personnel, but if you
wish the plans to show those details, that modification can be made. On behalf of the Applicant, we
respectfully request that the application submitted on January 30, 2023 for Reasonable Accommodation
be reevaluated with the additional enclosed information for a determination it is complete and approval
thereof is appropriate.
Sincerely,
LOFTIN I BEDELL P.C. d~~
By: L. Sue Loftin, Esq.
cc: Client
Jobh Schuller
Esteban Danna
Alpren450Rcasonable Accommoclation5-l 5-23
7 Xii Receive -Agenda Item#_.
From:
Sent:
To:
D Lech <dilech@ymail.com> For the Information of the:
Friday, May 19, 2023 8:1 2 AM . J?f'J~!touN5lL j
City Clerk; Keith Blackburn; Melanie Burkholder; Carolyn L , 'L ~sta:-~f(~) a. t-
Patel CM_ACM_V_DCM _
Cc: Shelley Glennon; Eric Lardy
Subject: Agenda Item # 7, City Council Meeting May 23, 2023
Dear Mayor Blackburn, Council Members, and City Clerk,
I am writing to respectfully ask you to please consider including an additional provision to the ADU
Ordinance Amendments being presented to you on Tuesday, May 23, 2023. The provision suggested
would be to require:
Exterior roofing, trim, walls, windows, color palette, and landscaping of a proposed FRONT
YARD ADU to incorporate the same features as the property's existing single family dwelling .
unit in all neighborhoods of the City.
Some areas of the City already have these types of requirements included in their community master
plans or HOA regulations. However, there are some neighborhoods zoned as R-1 located outside the
Village and Barrio areas that do not have a homeowner's association or master plan.
Including such a provision would ensure that certain development standards regarding FRONT YARD
ADU's are applied equally to all neighborhoods throughout the City as we accommodate for future
housing needs.
Thank you for considering this, and for your dedicated service towards preserving all of our City's
beautiful neighborhoods.
Sincerely,
D. Lech
Carlsbad Homeowner, Resident, Taxpayer, Registered Voter
CAUTION: Do not open attachments or click on links unless ou reco nize the sender and know the content i
safe.
1
PROOF OF PUBLICATION
(2010 & 2011 C.C.P.)
STATE OF CALIFORNIA
County of San Diego
I am a citizen of the United States and a resident of the
County aforesaid: I am over the age of eighteen years and
not a party to or interested in the above-entitled matter. I
am the principal clerk of the printer of
The San Diego Union Tribune
Formerly known as the North County Times and UT North
County and which newspaper has been adjudicated as a
newspaper of general circulation by the Superior Court of
the County of San Diego, State of California, for the City of
Oceanside and the City of Escondido, Court Decree numbers
171349 & 172171, for the County of San Diego, that the
notice of which the annexed is a printed copy (set in type
not smaller than nonpariel), has been published in each
regular and entire issue of said newspaper and not in any
supplement thereof on the following dates, to-wit:
May lih, 2023
I certify (or declare) under penalty of perjury that the
foregoing is true and correct.
Dated at Temecula, California this
12th, day of May, 2023
Allshouse -legal Advertising
The San Diego Union Tribune
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, Califomla, at 5 p.m. on Tuesday, May 23, 2023, to
consider approving an ordinance and resolution amending the Carlsbad Municipal
Code and Local Coastal Program, and more partieularly described as:
1. An ordinance approving an amendment to the Zoning Ordinance, Title 21 of
the Carlsbad Municipal Code, to ensure consistency with state law related to
accessory dwelling units and Junior accessory dwelling units (ZCA 2023-0001).
2. A resolution approving a Local Coastal Program amendment to update the
Local Coastal Program lmplementatton Plan (Zoning Ordinance, Title 21 of
the Carlsbad Municipal Code) to ensure consistency with state law related to
accessory dwelling units and junior accessory dwelling units (LCPA 2023-0017).
Whereas, on March 15, 2023, the City of Carlsbad Planning Commission voted S/0/1
to recommend the City Council approve amendments to the Carlsbad Munlclpal Code
Title 21, Zone Ordinance and Local Coastal Program, to ensure consistency with state
law related to accessory dwelling units and juniOr accessory dwelling units.
Those persons wishing to speak on this proposal are cordially Invited to attend the
public hearing. The staff report will be available on and after Friday, May 19, 2023. If
you have any questions, please contact Oty Planner Eric Lardy In the Planning DMSlon
at (442) 339-2712 or erjc !ardy@carlsbadca.goy. The meeting can be viewed onllne
at https:/Jwww.cartsbadca.goy/cltv•hall/meetfngs-agendas or on the City's cable
channel. In addition, written comments may be submitted to the Oty Council at or
prior to the hearing via U.S. Mail to the attention of Office of the City Clerk. 1200
cartsbad Village Drive, Carlsbad, CA 92008, or via email to clerk@carlsbadca.gov.
If you challenge the amendments to the Zoning Code Amendment or Local Coastal
Program In court, you may be limited to ralSlng only those Issues you or someone
else raised at the publJc 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 prier to the public hearing.
CASE FILE: ZCA 2023-0001/ LCPA 2023--0017 / PUB 2023-0002
CASE NAME: ACCESSORY DWELLING UNIT AMENDMENTS 2023
PUBLISH: FRIDAY, May 12, 2023
OTY OF CARLSBAD OTY COUNOL
AFFIDAVIT OF MAILING
NOTICE OF PUBLIC HEARING
TO: CITY (;LERK
DATE OF PUBLIC HEARING: .... S/;J3/Jo;}'2,
SUBJECT ~G~IW a 41ud2. :2w. 3
LOCATION: [J}f200 Carlsbad Village Drive, Carlsbad, CA 92008
D Other: ________________ _
DATE POSTED TO CITY WEBSITE s/11/f}o ;;L~
DATE NOTICES MAILED TO PROPERTY OWNERS: _________ _
NUMBER MAILED:
I declare under penalty of perjury under the laws of the State of California that I am employed by
the City of Carlsbad and the foregoing is true and correct.
DEPARTMENT: [3't!TY CLERK'S OFFICE □OTHER _______ _
~ We 2rt--n ~ .5/9/J.a;l. ~
Signature Date
SENT TO FOR PUBLICATION VIA E-MAIL TO: ~ Union Tribune on.519/;;l.3
W Coast News on· :5/r?/J:2,;,
PUBLICATION DATE: Union Tribune 5 It;)./~
CoastNews 6/ta/ ~
I declare under penalty of perjury under the laws of the State of California that I am employed by
the City of Carlsbad and the foregoing is true and correct.
DEPARTMENT: ~TY CLERK'S OFFICE □ OTHER _______ _
Signature Date
Attachments: 1) Mailing Labels
2) Notice w/ attachments
•
. .
' .
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN to you, because your interest may be affected, that the City
Council of the City of Carlsbad will hold a public hearing at the Council Chamber, 1200
Carlsbad Village Drive, Carlsbad, California, at 5 p.m. on Tuesday, May 23, 2023, to
consider approving an ordinance and resolution amending the Carlsbad Municipal
Code and Local Coastal Program, and more particularly described as:
1. An ordinance approving an amendment to the Zoning Ordinance, Title 21 of
the Carlsbad Municipal Code, to ensure consistency with state law related to
accessory dwelling units and junior accessory dwelling units (ZCA 2023-0001).
2. A resolution approving a Local Coastal Program amendment to update the
Local Coastal Program Implementation Plan (Zoning Ordinance, Title 21 of
the Carlsbad Municipal Code) to ensure consistency with state law related to
accessory dwelling units and junior accessory dwelling units (LCPA 2023-0017).
Whereas, on March 15, 2023, the City of Carlsbad Planning Commission voted 5/0/1
to recommend the City Council approve amendments to the Carlsbad Municipal Code
Title 21, Zone Ordinance and Local Coastal Program, to ensure consistency with state
law related to accessory dwelling units and junior accessory dwelling units.
Those persons wishing to speak on this proposal are cordially invited to attend the
public hearing. The staff report will be available on and after Friday, May 19, 2023. If
you have any questions, please contact City Planner Eric Lardy in the Planning Division
at (442) 339-2712 or eric.lardy@carlsbadca.gov. The meeting can be viewed online
at https://www.carlsbadca.gov/city-hall/meetings-agendas or on the City's cable
channel. In addition, written comments may be submitted to the City Council at or
prior to the hearing via U.S. Mail to the attention of Office of the City Clerk, 1200
Carlsbad Village Drive, Carlsbad, CA 92008, or via email to clerk@carlsbadca.gov.
If you challenge the amendments to the Zoning Code Amendment or Local Coastal
Program in court, you may be limited to raising only those issues you or someone
else raised at the public hearing described in this notice or in written correspondence
delivered to the City of Carlsbad, Attn: City Clerk's Office, 1200 Carlsbad Village Drive,
Carlsbad, CA 92008, at or prior to the public hearing.
CASE FILE: ZCA 2023-0001/ LCPA 2023-0017 / PUB 2023-0002
CASE NAME: ACCESSORY DWELLING UNIT AMENDMENTS 2023
PUBLISH: FRIDAY, May 12, 2023
CITY OF CARLSBAD CITY COUNCIL
0
Order ID: 7931377
Sold To:
Description:
Insertions:
Insertion Run BU
Date
01.00 Fri SDT
5/12123
02·00 Fri SDT
5/12123
03·00 Fri SDT
5/12123
CITY OF
CARLSBAD-City
Clerk
CA11474981
1200 Carlsbad Village Dr
Carlsbad CA 92008-1989
Legal 4x6.5
Product Ad Type Section Zone Ad Size
Name Name Name
San Diego Block Legal North 4 X 6.5
Union 9ool Coastal (4x6.5)
Tribune
sandiegou Dot.oom sandiego
niontribun uniontrib
e.com une.com
mobile.sd Dot.com mobile.s 1 X 1
uniontribu duniontri
ne.com bune.co
m
Bill To:
Page Type Version Rate
$21.45
$20.00
$5.00
Printed: 5/9/2023 12:30:35 PM
Page 1 of 2
CITY OF
CARLSBAD-City
Clerk
CA11474981
1200 Carlsbad Village Dr
Carlsbad CA 92008-1989
Billed Qty Print Qty Tax Agency Charges
Comm.
0 $0.00 $0.00 $0.00
0 $0.00 $0.00 $0.00
0 $0.00 $0.00 $0.00
Price Net Price Insertion Price
$557.70 $557.70 $557.70
$20.00 $20.00 $20.00
$5.00 $5.00 $5.00
Total: $582.70
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN to you, because your interest may be affected, that the City Council of the City
of Carlsbad will hold a public hearing at the Council Chamber, 1200 Carlsbad Village Drive, Carlsbad,
California, at 5 p.m. on Tuesday, May 23, 2023, to consider approving an ordinance and resolution
amending the Carlsbad Municipal Code and Local Coastal Program, and more particularly described as:
1. An ordinance approving an amendment to the Zoning Ordinance, Title 21 of the Carlsbad
Municipal Code, to ensure consistency with state law related to accessory dwelling units and
junior accessory dwelling units (ZCA 2023-0001).
2. A resolution approving a Loca l Coastal Program amendment to update the Local Coastal Program
Implementation Plan (Zoning Ordinance, Title 21 of the Carlsbad Municipal Code) to ensu re
consistency with state law related to accessory dwelling units and junior accessory dwelling units
(LCPA 2023-0017).
Whereas, on March 15, 2023, the City of Carlsbad Planning Commission voted 5/0/1 to recommend the
City Council approve amendments to the Carlsbad Municipal Code Title 21, Zone Ordinance and Local
Coastal Program, to ensure consistency with state law related to accessory dwelling units and junior
accessory dwelling units.
Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. The
staff report will be available on and after Friday, May 19, 2023. If you have any questions, please contact
City Planner Eric Lardy in the Planning Division at (442) 339-2712 or eric.lardy@carlsbadca .gov. The
meeting can be viewed on line at https://www.carlsbadca.gov/city-hall/meetings-agendas or on the City's
cable channel. In addition, written comments may be submitted to the City Council at or prior to the
hearing via U.S. Mail to the attention of Office of the City Clerk, 1200 Carlsbad Village Drive, Carlsbad, CA
92008, or via email to clerk@carlsbadca.gov.
If you challenge the amendments to the Zoning Code Amendment or Local Coastal Program in court, you
may be limited to raising only those issues you or someone else raised at the public hearing described in
this notice or in written correspondence delivered to the City of Carlsbad, Attn: City Clerk's Office, 1200
Carlsbad Village Drive, Carlsbad, CA 92008, at or prior to the public hearing.
CASE FILE:
CASE NAME :
PUBLISH:
ZCA 2023-0001/ LCPA 2023-0017 / PUB 2023-0002
ACCESSORY DWELLING UNIT AMENDMENTS 2023
FRIDAY, May 12, 2023
CITY OF CARLSBAD
CITY COUNCIL
Cm'OFCAIUSBAD
NOTICFOFPIIBI IC HE:\Blh'G
NOTICE IS 11 t:REBY GIVEN to you. bccau&eyour intcn:lit may be aff'ected. thal the City Coun-
cil oft.he CityofC&rlsbad will hold a public hearing at the Council Chamber, 1200 Carlsbad vn-
1-.ge Drive, C&rlsbad, California.. at 5 p.m. on Tuesday, May '13. 2023, lo consider appro-,'1ng an
ordinanoe And rc50Jutl0n amending LhcCarl,bad Municipal Code and Local Coast.al Program,
and more p&rtic::uJarly dexribed a.,:
t. An ordinance approving an ,unendmcnt to the Zoning Ordinllrlce, Title 21 of the
Carlwad Municipal Code, to cnsun: consistency with rt.ate law related to ao::essory
dweUing unill and junior ~sory dwelling units (ZC.\ 2023-0001).
2. A l"CIIO!ution approving a Local Coastal Program amendment to update the LoclJ
Cotital Program Jmplcmenution Plan (Zoning Ordinance, Title 21 of the Carlsbad
Municipal Code) to e:ruure oonsistenc)' with state law tt:lat~ to ACCeUOry dwelling
uniu 11.ndjunior aooeuorydwclling unit.s (1..CPA 2023--0017).
Whcrtu, on March u, 2023, the C.,'ity of Carlsbad Planning Commission voted 5/0/1 to rec-
ommend the City Council approve a.mcndmcnll to the Carlsbad Municipal CodeTitle 21, ?...one
Ordinanoc and Local Coastal Program, to ensutt oonsistl!ncy ·with statl' law related to &.CttSSOry
dwelling unit& and junior &OCt:UOI'}' dw~ng unit&.
Those person$ wishing to .speak on this proposal are cordially invited to attttid the public
hearing. nu~ #italf report will be available on and after Frida.y, May 19. 2023. U yoo have any
queatiom;, please oontact City Planner Eric Lardy in the Plann,n1 Division at (4+2) 339·27Jl
or erk l1rdr€cadsbadca gov The mttting can be viewed online at bttps· /bwwcedsbadce
govldt) ... ball/mcttinp•agrndas ".>r on the City I cable channel. In addition. written oommenta
may be submitted lo the City Council at or prior to the hearing via U.S. Mail to the aucntion
of Office o! the City Clerk, 1200 cartsba.d Village DriYC, C&rl.sba.d. CA 92008. or via email to
rleck@carlsbadca gm
If you challenge the amendments to the Zoning C.ode Amendment or Local Coastal Program in
court. you may be limited to raiting only thos.c issues you or someone ~ raised at the public
hearing described in th LS notioc or in written correspondence ddivered to the City of Carlsbad,
Attn: City Clerk's Office, 1200 Carlsbad Villagt, Drive, Carlsbad, CA 92008, at or prior to the
public bearing.
CASE FILE:
CASE NAME:
PUBLISH:
CITY OF CARISBAD
CITY COUNCIL
ZCA 2023-0001/ LCPA 2023-0017/ PUB 2023--0002
ACCF.SSORY OWEI.LING UNIT AMENDMENTS 2023
FRJD.\Y, M.ay 12. 2023
0!i/12/2023 Ol 17630
3 Col X 6"
18" X $15
$270.00
Accessory Dwelling Unit
Amendments 2023
Shelley Glennon, Associate Planner
Community Development Department
May 23, 2023
{ City of
Carlsbad
TODAY’S PRESENTATION
•Project Background
•Required State Regulations/City Code Updates
•ALUC Determination/PC Recommendation
•Recommended Action
•Informational presentation on Permit-Ready
ADU plans
ITEM 7: ACCESSORY DWELLING UNIT AMENDMENTS
2
{ City of
Carlsbad
PROJECT BACKGROUND
•Recent state regulations encourage the
production of accessory dwelling units (ADU)
and junior accessory dwelling units (JADU).
•AB 2221 and SB 897
•Cities are expected to update their local
ordinances to align with state regulations.
ITEM 7 : ACCESSORY DWELLING UNIT AMENDMENTS
3
{ City of
Carlsbad
REQUIRED CODE UPDATES
1.Increased height maximums
2.Parking exemption
3.Modified permitting requirements
4.Front yard setback exemption
ITEM 7: ACCESSORY DWELLING UNIT AMENDMENTS
4
{ City of
Carlsbad
ADU HEIGHT LIMITATIONS
ITEM 7: ACCESSORY DWELLING UNIT AMENDMENTS
5
•Detached ADUs
•Increase by two feet
(Max 18 ft from 16ft)
•Attached ADUs
•Max two stories
•Underlying zone
•Max 25 feet
{ City of
Carlsbad
PARKING EXEMPTION
ITEM 7: ACCESSORY DWELLING UNIT AMENDMENTS
6
•Current Situation
•New ADU proposed on a lot with an existing
primary structure is eligible for existing parking
exemptions
•Proposed Change
•New ADUs proposed on a lot with an existing or
proposed primary structure are eligible for
existing parking exemptions
MODIFIED PERMITTING PROCESS
ITEM 7: ACCESSORY DWELLING UNIT AMENDMENTS
7
•City must explain project denials and how to correct
•Concurrent review of garage demolition and ADU
permits
•Expanded ADU processing options for
nonconforming condition/code violations situations
FRONT YARD SETBACK EXEMPTION
•Only applies to 800 sq. ft. max. ADUs (State By-Right ADUs) •Cannot fit within the buildable area•Must meet all other standards including side/rear setbacks & building separation.
ITEM 7: ACCESSORY DWELLING UNIT AMENDMENTS
8
Buildable Area
HOME
ADU
HOME
Buildable Area
Buildable Area
Front SetbackFront Setback
Side Setback Side Setback
Rear SetbackRear Setback
ADU
ADU meets all setback requirements ADU encroaches in front yard requirements
ALUC CONSISTENCY DETERMINATION &
PLANNING COMMISSION RECOMMENDATION
3/2/23 –Airport Land Use Commission found
the project was consistent with the ALUCP
3/15/23 -The Planning Commission voted 5-0-1
(Commissioner Kamenjarin absent), to
recommend the City Council approve the
proposed Zoning Ordinance amendment and
Local Coastal Program Amendment
ITEM 7: ACCESSORY DWELLING UNIT AMENDMENTS
9
NEXT STEPS
California Coastal Commission Approval
Process for the LCPA
ITEM 7: ACCESSORY DWELLING UNIT AMENDMENTS
10
{ City of
Carlsbad
RECOMMENDED ACTION
1.Approve an amendment to the Zoning
Ordinance; and
2.Approve a Local Coastal Program
Amendment
Ensure consistency with state law related to
accessory dwelling units and junior accessory
dwelling units.
ITEM 7: ACCESSORY DWELLING UNIT AMENDMENTS
11
PERMIT-READY ADU
PROGRAM OVERVIEW
Shelley Glennon, Associate Planner
Community Development Department
May 9, 2023
12
{ City of
Carlsbad
PERMIT-READY ADU PROGRAM
•Implement Housing Program 1.2: Promote the
Development of ADUs
•Local Early Action Planning (LEAP) Grant Funded
•City Council approved contract October 2021, no
further action is required by City Council.
13
PERMIT-READY ADU PROGRAM-INFORMATIONAL PRESENTATION
{ City of
Carlsbad
DEVELOPMENT OF ADU PLANSETS
•The City is offering Pre-Approved Building
Plans for detached one-story ADUs only.
•Plans will include:
Four floor plans
Three architectural styles
•Public survey conducted last year to help
develop ADU Program.
14
PERMIT-READY ADU PROGRAM-INFORMATIONAL PRESENTATION
ADU PERMIT FEES ANALYSIS
15
PERMIT-READY ADU PROGRAM-INFORMATIONAL PRESENTATION
•The city has some the lowest permit review fees in
San Diego County
•Many ADUs do not require impact fees
•Pre-Approved Plans saves applicants up to $16,000
in private architectural design fees
•Cost Recovery Policy Compliance
•Waiving fees reduces approx. $250,000 annually in
permit fee revenue ( City of
Carlsbad
FLOOR PLANS
Studio One Bedroom Two Bedroom Three Bedroom 16
400 sf 680 sf 800 sf 1,000 sf
e
B
KffCHEN
(c[JJ)
r----
I
UV/NG AREA I
I
I L ____
[3
DW
0
CJCJ
BEDROOllt
~ !:3
~)
ow
0 -
LJVlHG flOOl,J
V
PORCH
I<
Ii;
1!'-o"
CJCJ
ow
LJVINGROOII
=================\]7=
11
11 □ BEDROOM2 :: OROP'TlONAI.. II
11 □ UVIHG SPACE ri
11
11
II 11
11
" ii
L □ HEDROOll1 HEDROOll2
LIVWGRODII
II ll o
□9£DROC»I OROPnOH UVM;SPA
17
STUDIO ONE BEDROOM
TWO BEDROOM THREE BEDROOM
RECOMMENDED ACTION
Receive an informational report on the status of
the pre-approved Accessory Dwelling Unit Plans
and provide direction, if necessary.
ITEM 7: ACCESSORY DWELLING UNIT AMENDMENTS
18
{ City of
Carlsbad