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Home My WebLink About2022-02-10; Local Coastal Program Amendment Accessory Dwelling Unit Regulations (Districts All); Barberio, GaryTo the members of the: ITV COUNCIL Dat A ✓CC../ CM ✓ocM (3) ✓--- Feb. 10,2022 Council Memorandum To: Honorable Mayor Hall and Members of the City Council From: Gary Barberio, Deputy City Manager, Community Services Jeff Murphy, Community Development Director {city ofCarlsbad Memo ID #2022024 Via: Geoff Patnoe, Assistant City Manager .(i}, Re: Local Coastal Program Amendment -Accessory Dwelling Unit Regulations (Districts -All) This memorandum informs the City Council of recent actions related to the city's Local Coastal Program Amendment (LCPA) application for changes involving the city's regulation of accessory dwelling units. Background On Sept. 15, 2020, the City Council adopted Ordinance No. CS-383 approving amendments to the city's accessory dwelling unit regulations, which were required due to several changes in state law. In the Coastal Zone, the amendments require Coastal Commission approval of a Local Coastal Program amendment (LCPA). Following the City Council hearing on Nov. 19, 2020, staff submitted the LCPA to the Coastal Commission. The Coastal Commission has until April 5, 2022, to take action on the city's application. Staff received the Coastal Commission's draft modifications to the LCPA on Jan. 25, 2022. Three days later, the Coastal Commission Staff Report was published on Jan. 28, 2022, for the Coastal Commission meeting on Feb. 10, 2022 (see Item 13.b on the Feb. 10, 2022 agenda). Discussion Given the short timeframe, city staff did not have sufficient time to evaluate the suggested modifications, or to coordinate with Coastal Commission staff on potential issue resolution, prior to the Coastal Commission's Feb. 10, 2022, meeting. Based on an initial review, city staff have significant concerns with some of the suggested modifications, including: •The addition of a definition of "redevelopment" that includes cumulative changes to a structure since 1977. •Elimination of the city's current Coastal Development Permit (CDP) exemption for accessory dwellings attached to or within an existing dwelling. •A new requirement that any loss of parking for a primary dwelling, which results from construction of an accessory dwelling, must be replaced in most residential areas west of lnterstate-5. ~ J .. J~ ... r -~ Council Memo -LCPA Accessory Dwelling Unit Regulations (Districts -All) Feb. 10,2022 Page 2 Based on the city's concerns with the suggested modifications and the limited time to evaluate them, the city submitted a letter to the Coastal Commission, dated Feb. 3, 2022 (Attachment A), requesting the LCPA be postponed to the Coastal Commission's March agenda. Next Steps • Feb. 10, 2022 -Coastal Commission meeting. City staff will present the city's request to postpone the LCPA during public comment at that meeting. • February 2022 -City staff will evaluate the suggested modifications and coordinate with Coastal Commission staff to resolve issues of concern. • March 9-11, 2022-Coastal Commission meeting. If city and Coastal Commission staff can resolve issues of concern, the LCPA will be considered by the Coastal Commission with revised suggested modifications. If issues of concern are not resolved, the city may choose to withdraw and resubmit the application to allow more time to work through issues. Any suggested modifications approved by the Coastal Commission must be accepted by the City Council before they become effective. Attachment: A. Letter to the Coastal Commission dated Feb. 3, 2022 cc: Scott Chadwick, City Manager Celia Brewer, City Attorney Ron Kemp, Assistant City Attorney Don Neu, City Planner Eric Lardy, Principal Planner Jennifer Jesser, Senior Planner Feb. 3, 2022 Diana Lilly, District Manager California Coastal Commission 7575 Metropolitan Drive #103 San Diego, CA 92108 (city of Carlsbad Attachment A SUBJECT: REQUEST FOR POSTPONEMENT OF CARLSBAD ACCESSORY DWELLING UNIT UPDATE (LCP-6-CAR-20-0077-2) Dear Ms. Lilly, The City of Carlsbad respectfully requests that its Local Coastal Program Amendment (LCPA) application (LCP-6-CAR-20-0077-2 -Carlsbad Accessory Dwelling Unit Update) be postponed from the Commission's February meeting to the March meeting. This request is based on the following: Insufficient Time to Evaluate Suggested Modifications • On Nov. 19, 2020 the city submitted the LCPA to the Coastal Commission, and on Feb. 10, 2021 the Coastal Commission approved a one-year extension for this project; therefore, the Coastal Commission has until April 5, 2022 to take action. • The city received the draft suggested modifications from Coastal Commission staff on Jan. 25, 2022 and the Commission Staff Report was published on Jan. 28, 2022; therefore, city staff has not had sufficient time to evaluate the modifications or to coordinate with Coastal Commission staff on potential issue resolution. • Additionally, on Jan. 21, 2022 Coastal Commission Executive Director Ainsworth released a memo entitled Updates Regarding the Implementation of New ADU Laws. City staff needs time to review the changes outlined in the guidance document. • Coastal Commission staff advised city staff that there was an option to ask for a one-month postponement and have this item heard at the March 2022 Coastal Commission meeting. Concerns with Suggested Modifications • Based on the initial review, city staff have concerns with some of the suggested modifications, some of which extend beyond the scope of the city's proposed changes included in the LCPA, including: o The addition of a definition of "redevelopment" that includes cumulative changes to a structure since 1977. o Elimination of the city's current coastal development permit (CDP) exemption for accessory dwellings attached to or within an existing dwelling. o Any loss of parking for a primary dwelling, which results from construction of an accessory dwelling, must be replaced in most residential areas west of lnterstate-5. City staff is evaluating the number of potential ADUs impacted by this additional requirement. Community Development Department 1635 Faraday Avenue I Carlsbad, CA 92008 I 760-602-2710 t CCC -Request for Postponement for Carlsbad ADU Update Feb.3,2022 Pa e 2 • The City of Carlsbad fully supports encouraging construction of housing per state law, including housing laws encouraging construction of accessory dwellings. A program in the city's Housing Element, which was adopted by the Department of Housing and Community Development on April 6, 2021, is to maintain consistency with state law regarding the permitting of accessory dwelling units. City staff has concerns that some of the suggested modifications may conflict with state accessory dwelling unit law and may have a chilling effect on the objective of encouraging construction of accessory dwellings. Based on the city's concerns with the suggested modifications and the limited time to evaluate them, the city requests that the Coastal Commission postpone the city's LCPA (LCP-6-CAR-20-0077-2) to its March agenda. This will provide more time for the city to coordinate with Coastal Commission staff to address concerns. Sincerely, Ji,ff MWf4 JEFF MURPHY, Director Community Development Department cc: Gary Barberio, City of Carlsbad Deputy City Manager Don Neu, City of Carlsbad City Planner Eric Lardy, City of Carlsbad Principal Planner Jennifer Jesser, City of Carlsbad Senior Planner Corey Funk, City of Carlsbad Associate Planner Erin Prahler, California Coastal Commission, District Supervisor Carrie Boyle, California Coastal Commission, Coastal Program Analyst