HomeMy WebLinkAbout2023-06-06; City Council; ; Adoption of Ordinance No. CS-449 – Accessory Dwelling Units and Junior Accessory Dwelling UnitsCA Review CKM
Meeting Date: June 6, 2023
To: Mayor and City Council
From: Scott Chadwick, City Manager
Staff Contact: Faviola Medina, City Clerk Services Manager
faviola.medina@carlsbadca.gov, 442-339-5989
Subject: Adoption of Ordinance No. CS-449 – Accessory Dwelling Units and Junior
Accessory Dwelling Units
District: All
Recommended Action
Adoption of Ordinance No. CS-449 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.
Executive Summary
The City Council is being asked to adopt Ordinance No. CS-449 approving an amendment to the
Zoning Ordinance. Specifically, Housing Element 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.
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.
Explanation & Analysis
Ordinance No. CS-449 was introduced and first read at the City Council meeting held on
May 23, 2023. On a motion by Mayor Pro Tem Bhat-Patel, seconded by Council Member
Acosta, the City Council voted 5-0, to introduce Ordinance No. CS-449. The second reading
allows the City Council to adopt the ordinance, which will become effective 30 days after its
adoption in areas outside the Coastal Zone. In areas inside the Coastal Zone, the ordinance will
become effective 30 days after its adoption or upon Coastal Commission approval of the local
coastal program amendment, LCPA 2023-0017, whichever occurs later.
June 6, 2023 Item #12 Page 1 of 10
Fiscal Analysis
There is no anticipated fiscal impact from this item.
Next Steps
The City Clerk Services Manager will have the ordinance, or a summary of the ordinance,
published in a newspaper of general circulation within 15 days following adoption of the
ordinance.
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.Ordinance No. CS-449
June 6, 2023 Item #12 Page 2 of 10
Exhibit 1
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: ACCESSORY DWELLING UNIT AMENDMENT 2023
CASE NO: ZCA 2023-0001/ LCPA 2023-0017/ PUB 2023-0002
WHEREAS, Sections 65852.2 and 65852.22 of the California Government Code requires cities
and counties to permit construction of accessory dwelling units and junior accessory dwelling units,
and allows cities and counties to adopt ordinances that govern the permitting of accessory dwelling
units and junior accessory dwelling units consistent with state law; and
WHEREAS, 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
June 6, 2023 Item #12 Page 3 of 10
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:
June 6, 2023 Item #12 Page 4 of 10
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
June 6, 2023 Item #12 Page 5 of 10
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):
June 6, 2023 Item #12 Page 6 of 10
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).
June 6, 2023 Item #12 Page 7 of 10
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:
June 6, 2023 Item #12 Page 8 of 10
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
June 6, 2023 Item #12 Page 9 of 10
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 6th day of June, 2023, by the following vote, to wit:
AYES:
NAYS:
ABSTAIN:
ABSENT:
Blackburn, Bhat-Patel, Acosta, Burkholder, Luna.
None.
None.
None.
APPROVED AS TO FORM AND LEGALITY:
CINDIE K. McMAHON, City Attorney
KEITH BLACKBURN, Mayor
fv SHERRY FREISINGER, City Clerk
(SEAL)
June 6, 2023 Item #12 Page 10 of 10
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