2022-07-12; City Council; ; Amendments to the city’s accessory dwelling unit regulations (MCA 2020-0001/ZCA 2020-0002/AMEND 2020-0005/LCPA 2020-0006)

CA Review __RK__
Meeting Date: July 12, 2022
To: Mayor and City Council
From: Scott Chadwick, City Manager
Staff Contact: Jennifer Jesser, Senior Planner
[email protected], 442-339-2637
Subject: Amendments to the city’s accessory dwelling unit regulations (MCA 2020-0001/ZCA 2020-0002/AMEND 2020-0005/LCPA 2020-0006) District: All
Rec
ommended Action
Hold a public hearing and introduce an ordinance (Exhibit 1) acknowledging receipt of the California Coastal Commission’s certification of Local Coastal Program Amendment (LCPA 2020- 0006) including suggested modifications to the Zoning Ordinance and Local Coastal Program and approving the modifications.

Executive Summary
On Sept. 1, 2020, the City Council adopted Ordinance No. CS-384 (Exhibit 2), which approved certain amendments to the accessory dwelling unit regulations in the city’s Zoning Ordinance and Local Coastal Program, the planning document for the Coastal Zone, to make them consistent with state law (Exhibit 2 and 3). Although approved by the City Council, the amendments also require the California Coastal Commission’s approval.

The commission approved the city’s amendments with minor modifications (Exhibit 4) on March 9, 2022. The city now has until Sept. 9, 2022, to accept the suggested modifications.

The commission’s approval of the proposed code changes will not become effective until the commission certifies that the city has amended its Local Coastal Program to include the suggested modifications.

Discussion
Background
In response to the state housing crisis, the California legislature passed a series of bills – Assembly Bill 68, AB 881 and Senate Bill 13 – that amended Government Code sections 65852.2 and 65852.22 to further encourage the production of accessory dwelling units and junior accessory dwelling units. An accessory dwelling unit, or ADU, sometimes called a granny flat or backyard cottage, is a secondary residential unit that shares a lot with existing residential units.

Junior accessory dwelling units are those created within the walls of a proposed or existing single-family home and may be no larger than 500 square feet.

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The most notable changes deal with the following topics:
• Location of accessory dwelling units
• Allowance for junior ADUs
• ADU size limitations
• Parking limitations on garage conversions
• New time standards for permit processing
• No short-term rentals of ADUs
Three other bills made additional changes to state law related to accessory dwelling units:

• Assembly Bill 670: Homeowners associations must allow ADUs and junior ADUs • AB 671: Housing elements – a city’s plan for housing – shall incentivize and promote the creation of ADUs
• AB 587: Nonprofits are allowed to convey title to ADUs separately from the primary residences
The new legislation went into effect Jan. 1, 2020, and preempts all local ordinances that do not comply with the new standards. Cities are expected to update their local ordinances to comply with the state legislation. If cities fail to do so, the new state laws automatically apply, and applicants are permitted to develop accessory dwelling units and junior accessory dwelling units under the state legislation.

City Council-a dopted ordinance
The City Council-approved changes to the Carlsbad Municipal Code on Sept. 1, 2020, implemented the state’s requirements for ADUs. The adopted ordinance, Ordinance No. CS- 384, was designed to refer to many of the ADU-compliance requirements to state law to the extent possible rather than repeat state requirements in Carlsbad’s code. This will help reduce the need for the city to process annual code amendments when state law changes in the future. Refer to Exhibit 3 for more information on the ADU changes that were approved by City Council.

Timeline
Oct. 15, 2020 – The ordinance was adopted. The changes went in effect for areas outside of the Coastal Zone 30 days later.

Nov. 19, 2020 – The Coastal Commission “filed” the city’s application for the changes. that is, it accepted the application as complete.

Feb. 10, 2021 – The commission approved a one-year delay for the project.

March 9, 2022 – The commission approved the city’s amendments with minor modifications (Exhibit 4).

Proposed changes from Coastal Commission
The Coastal Commission’s staff found that the majority of the amendments adopted by the City Council were consistent with the state Coastal Act. However, commission staff determined that some of the changes did not comply with Chapter 3 of the act and therefore proposed seven suggested modifications, which are summarized below. A version of the amendments highlighting the suggested modifications is included with the certification letter in Exhibit 5.

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Carlsbad staff supported modifications 1 through 6 but opposed modification 7, as further discussed below.

The suggested modifications are:

1. Clarify that ADUs are not permitted on the ground floor of structures facing the street in the Visitor Commercial and Hospitality districts of the Village and Barrio Master Plan due to a conflict with the Coastal Act.

2. Since the city’s code references state law, Coastal Commission staff recommended that the code be amended to include a reference to the effective date of California Government Code sections 65852.2 and 65852.22, which are the relevant state ADU laws. This is related to suggestion 5 below.

3.a D elete references to the limits on dwelling units contained in the city’s Growth Management Plan. This change makes the code consistent with SB330 and SB166 as well as City Council Resolution No. 2021-074, which determined that the city’s residential housing caps had been preempted by state law and unenforceable. This resolution was approved in April 2021, after the City Council adopted the revised ordinance and the application was submitted to the commission.

3.b City staff initially proposed a reference to Carlsbad Municipal Code Chapter 5.60, which governs short-term vacation rentals. Coastal Commission staff recommend against adding that reference, stating that any future amendments to that chapter

5.60 would also require an amendment to the city’s Local Coastal Program. Because the city code is currently applied citywide, including within the Coastal Zone, it is not beneficial to add this reference to the city’s Local Coastal Program.

4.a Clarify that a development application shall not conflict with the coastal resource, public access protection or visual resource protection requirements of the certified Local Coastal Program.

4.b Replacement parking must be provided when an ADU or JADU eliminates required off-street parking for an existing residence. This requirement applies to property located west of the railroad tracks and west of Interstate 5 between Avenida Encinas to the north and Batiquitos Lagoon to the south. A map of the affected area is provided in Exhibit 6.

5. City staff proposed adding a statement clarifying that in the event that there is a conflict between
the city’s accessory dwelling unit codes and state law, state law prevails. Commission staff objected to the addition, arguing that a jurisdiction’s local coastal program cannot automatically be changed due to changes in state law.

Rather, the city must formally process an amendment to its Local Coastal Programs so the Coastal Commission may consider any potential impacts between state ADU law and the California Coastal Act.

6. City staff proposed language clarifying that properties with nonconforming structures may be converted to accessory dwelling units or junior accessory dwelling units /JADU so long as the new units met the minimum code requirements. Coastal staff proposed a modification to the language further requiring that the July 12, 2022
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nonconforming structures that impacted coastal resources (e.g., those that encroach into the buffer area along a beach bluff) are not eligible for conversion.

7. T he city’s Zoning Ordinance currently exempts attached ADUs from needing a coastal development permit. Coastal Commission staff proposed eliminating that exemption and to start requiring coastal development permits for attached ADUs.

The city opposed this modification during the Coastal Commission hearing.

Ultimately, the Coastal Commission only approved modifications #2 through #6. All suggested modifications are described in greater detail in Exhibit 7. These modifications are recommended for City Council adoption and are reflected in the attached ordinance (Exhibit 1).

Consistency with state law
The city’s ADU regulations are effective outside the Coastal Zone and are currently consistent with state law. If the suggested modifications are accepted, then the entire city will be covered by a single ordinance that is consistent with state law.

If the modifications are not accepted, the city’s ADU regulations would revert to the previous ordinance within the Coastal Zone and would not be in compliance with state law.

State law overrules a city’s Zoning Ordinance, but implementation of the ADU regulations inside the coastal zone will be convoluted and open to challenge from applicants. In addition, the city would have two separate sets of density bonus regulations for areas inside and outside of the Coastal Zone.

Fiscal An alysis
There is no anticipated fiscal impact from this action.

Next Steps
Staff will present this ordinance for its second reading and the City Council’s approval at the next City Council meeting. Staff will then submit evidence to the California Coastal Commission that the suggested modifications were received and acted on by the City Council. At the next regularly scheduled Coastal Commission hearing, the Executive Director of the Coastal Commission is to make a determination that the suggested modifications have been implemented. The amendment to the Local Coastal Program, LCPA 2020-0006, will become effective immediately following that determination.

Environmental E
valuation
The City Planner has determined this project is exempt from the California Environmental Quality Act consistent with CEQA Guidelines Section 15265(a)(1), which states CEQA does not apply to activities and approvals necessary for the preparation and adoption of a local coastal program and conducted in accordance with the California Coastal Act, commencing with Section 30000 of the Public Resources Code, by any local government, as defined in Section 30109 of the Public Resources Code.

Public Notification
This item was noticed in keeping with the state's Ralph M. Brown Act and available for public viewing and review at least 72 hours before the scheduled meeting date.

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Exhibits

1. City Council ordinance

2. City Council Ordi nance No. CS-384

3. City Council staff re port dated Sept. 1, 2020

4. Coastal Commission staff repo rt dated March 9, 2022

5. Certification of City of Carlsbad Local Coastal Program Amendment No. LCP-6-CAR-20-0077- 2 (Accessory dwelling units update)

6. Accessory dwelling units replacement parking areas

7. Discussion of suggested modifications
a. Coastal Commission memo dated Jan. 21, 2022
b. Letter to the Coastal Commission dated Mar. 4, 2022
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ORDINANCE NO. CS-427

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,

CALIFORNIA, ACKNOWLEDGING RECEIPT OF THE CALIFORNIA COASTAL COMMISSION’S RESOLUTION OF CERTIFICATION INCLUDING SUGGESTED MODIFICATIONS FOR LCPA 2020-0006, AND APPROVING THE ASSOCIATED

SUGGESTED MODIFICATIONS TO THE ZONING ORDINANCE AND LOCAL

COASTAL PROGRAM
CASE NAME: Accessory Dwelling Unit Amendments 2020
CASE NO.: ZCA 2020-0002/AMEND 2020-0005/LCPA 2020-0006
WHEREAS, on Sept. 1, 2020, the City Council adopted Ordinance No. CS -384, approving ZCA 2020-0002/AMEND 2020-0005/LCPA 2020-0006 – Accessory Dwelling Unit Amendments 2020; and WHEREAS, the Carlsbad Zoning Ordinance is the implementing ordinance of the Carlsbad Local Coastal Program, and therefore, an amendment to the Zoning Ordinance also constitutes an amendment to the Local Coastal Program; and
WHEREAS, the California Coastal Act requires Coastal Commission certification of any local coastal program amendment; and
WHEREAS, on March 9, 2022, the California Coastal Commission approved the city’s Local Coastal Program Amendment (LCPA 2020-0006) with suggested modifications; and the city received a letter dated March 23, 2022 , from the California Coas tal Commission that certifies (resolution of certification) the Coastal Commission’s approval of the city’s Local Coastal Program amendment (LCPA 2020-0006), subject to suggested modifications; and
WHEREAS, the California Coastal C ommission’s approval of LCPA 2020-0006 will not become effective until the Commission certifies that the city has amended its Local Coastal Program pursuant to the Commission’s suggested modifications; and
WHEREAS, on July 12, 2022, the City Council held a duly noticed public hearing as prescribed by law to consider the Coastal Commission’s suggested modifications NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, ordains as follows that:

1. The above recitations are true and correct.

2. Section 21.04.020 of the Carlsbad Municipal Code is amended to read as follows:

Exhibit 1
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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 dwel ling 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 65 852.2 (effective Jan. 1, 202 2) and 65852.22 (effective Jan. 1, 2020) , respectively, are considered accessory.

3. Section 21.04.121 of the Carlsbad Municipal Code is amended to read as follows:

21.04.121 Dwelling unit, accessory (ADU).

Refer to California Government Code Section 65852.2 (effective Jan. 1, 2022).

4. Section 21.04.122 of the Carlsbad Municipal Code is amended to read as follows:

21.04.122 Dwelling unit, junior accessory (JADU).

Refer to California Government Code Section 65852.22 (effective Jan. 1, 2020).

5. Section 21.10.030 of the Carlsbad Municipal Code is repealed and replaced to read as follows:

21.10.030 Accessory dwelling units and junior accessory dwelling units.

A. Purpose. This section provides standards for the establishment of accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs). Pursuant to California Government Code Sections 65852.2 (effective Jan. 1, 2022) and 65852.22 (effective Jan. 1, 2020), local governments have the authority to adopt regulations designed to promote ADUs and JADUs.

B. Standards of Review. Review of ADUs and JADUs shall be consistent with the following:

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1. ADU or JADU applications shall be considered a ministerial action without discretionary review or a public hearing if all requirements of this section (21.10.030) are met, notwithstanding any other requirements of state law or this development code.

2. ADUs or JADUs developed within the coastal zone are subject to the permit requirements of Chapter 21.201 and require a building permit. Development of ADUs or JADUs outside of the coastal zone requires a building permit.

3. The city shall act on an application to create an ADU or a JADU within the time period specified under California Government Code Sections 65852.2 (effective Jan. 1, 2022) and 65852.22 (effective Jan. 1, 2020).

4. If the permit application to create an ADU or a JADU is submitted with a permit application to create a new one-family dwelling on the lot, the city may delay acting on the permit application for the ADU or the JADU until the city acts on the permit application to create the new one-family dwelling, but the application to create the ADU or JADU shall be considered without discretionary review or public hearing. If the applicant requests a delay, the time period specified under California Government Code Sections 65852.2 (effective Jan. 1, 2022) and 65852.22 (effective Jan. 1, 2020) shall be tolled for the period of the delay.

C. Residential Use and Density. ADUs and JADUs, which comply with the requirements of this section (21.10.030) and California Government Code Sections 65852.2 (effective Jan. 1, 2022) and 65852.22 (effective Jan. 1, 2020):

1. Shall be considered accessory residential uses or accessory residential buildings that are consistent with the general plan or zoning designations for the lot; and

2. Shall not be considered to exceed the allowable density for the lot upon which it is located; and
D. Number and Location.

1. ADUs shall be permitted in zones that allow one -family dwellings, two -family dwellings, multiple -family dwellings, and mixed -use (residential uses in combination with non -residential uses), provided there is an existing or proposed dwelling on the lot where the ADU is proposed, as specified in California Government Code Sections 65852.2 (effective Jan. 1, 202 2) and 65852.22 (effective Jan. 1, 2020). Refer to a specific zone’s Permitted Uses table within this Title.

2. For zones that allow one-family dwellings, one JADU shall be permitted with an associated existing or proposed one -family dwelling. Refer to a specific zone’s Permitted Uses table within this Title.

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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, 202 2) and 65852.22 (effective Jan. 1, 2020).

E. Other Requirements and Standards. ADUs and JADUs shall comply with all the following requirements and standards:

1. ADUs and JADUs shall comply with the development requirements and standards of California Government Code Sections 65852.2 (effective Jan. 1, 2022) and 65852.22 (effective Jan. 1, 2020).

2. When not in conflict with California Government Code Sections 65852.2 (effective Jan. 1, 2022) and 65852.22 (effective Jan. 1, 2020) and the coastal resource and public access protection requirements of the certified local coastal program, ADUs and JADUs shall also comply with applicable development requirements and standards of this code.

3. The maximum size of an ADU or JADU shall be limited as follows, consistent with California Government Code Sections 65852.2 (effective Jan. 1, 2022) and 65852.22 (effective Jan. 1, 2020):
a. Attached ADUs – 50% of the total floor area of the main dwelling or 1,200 square feet, whichever is less, but not less than 800 square feet; b. Detached ADUs – 1,200 square feet
c. JADUs – 500 square feet

4. A detached ADU shall be limited to one story and 16 feet maximum height, except that an ADU constructed above or below a detached garage shall be permitted and shall conform to the height limits applicable to the zone.

Structures that contain an ADU located above or below a detached garage shall be limited to a maximum of two stories including the garage.

5. Roof decks shall not be permitted on detached ADUs.

6. The construction of an ADU or JADU that is all new construction, or is a conversion of a portion or all of an existing structure, or expands the square footage of an existing structure, shall be consistent with all habitat preserve buffers, geologic stability setbacks, and visual resource protection policies in the certified local coastal program, habitat management plan, general plan, or geotechnical report, as applicable.

7. On lots with one-family dwelling(s), the exterior roofing, trim, walls, windows and the color palette of the ADU or JADU shall incorporate the same features as the primary dwelling unit.

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8. On lots with two-family or multiple-family dwellings, the exterior roofing, trim, walls, windows and the color palette of the ADU addition shall incorporate the same features as the existing building that the ADU would be provided within.

For detached ADUs, it shall be reflective of the nearest building as measured from the wall of the existing building to the nearest wall of the proposed unit.

9. Parking.
a. An ADU shall provide off-street parking in compliance with Chapter

21.44 (Parking), unless it qualifies for an exemption as specified in California Government Code Section 65852.2 (effective Jan. 1, 2022). b. No off-street parking is required for a JADU if it meets the requirements specified in California Government Code Section 65852.22 (effective Jan. 1, 2020).
c. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or converted to an ADU, the loss of parking for the primary dwelling does not need to be replaced, except on lots located west of the rail corridor and on lots located east of the rail corridor and west of Interstate 5 between Avenida Encinas to the north and Batiquitos Lagoon to the south. In which case, the loss of parking for the primary dwelling shall be replaced subject to the parking requirements in Chapter 21.44 (Parking), except as follows:
i. The replacement parking spaces may be covered, uncovered, or tandem spaces, or provided by the use of mechanical
automobile parking lifts (within a garage); and may be located in the front, side or rear yard, provided the parking area is an improved parking surface, such as paving, hardscape,
decomposed granite, etc.
ii. The location of the replacement parking spaces shall be consistent with all habitat preserve buffers, geologic stability setbacks, and visual resource protection policies in the certified local coastal program.

10. ADUs intended to satisfy an inclusionary requirement shall comply with the requirements of Chapter 21.85, including, but not limited to, the applicable rental rates and income limit standards.

11. A Notice of Restriction shall be recorded on the property declaring that:
a. An ADU(s) or JADU shall not be used for short-term rentals of less than 30 days. This requirement does not apply to any unit that was issued a building permit prior to January 1, 2020.

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b. The obligations and restrictions imposed on the approval of the ADU(s) per California Government Code Section 65852.2 (effective Jan. 1, 2022) or JADU per California Government Code Section 65852.22 (effective Jan. 1, 2020) are binding on all present and future property owners. c. For a JADU, the property owner must reside in either the primary residence or the JADU. Sale of the JADU separate from the single-family residence is prohibited; said prohibition is binding on all present owners and future purchasers.

12. For ADUs permitted prior to January 1, 2020, the city may continue to enforce a requirement for owner-occupancy of the ADU or primary residence.

13. An ADU may be sold separately from the primary dwelling only in limited situations pursuant to California Government Code Section 65852.26 (effective Jan. 1, 2022).

6. Subsection B of Section 21.48.020 of the Carlsbad Municipal Code is amended to read as follows:

B. The provisions of this chapter do not apply:

1. To nonconforming signs, which are addressed in Section 21.41.130.

2. When an accessory dwelling unit or junior accessory dwelling unit is proposed on a lot with an existing nonconforming residential structure that is nonconforming with regard to geologic setback, public view encroachment, coastal access, or habitat preserve buffers, and development of the proposed accessory dwelling unit or junior accessory dwelling unit does not result in redevelopment of the nonconforming residential structure. Pursuant to California Government Code Section 65852.2, the city shall not require, as a condition for approval of an accessory dwelling unit or a junior accessory dwelling unit, the correction of nonconforming zoning conditions, except where the accessory dwelling unit or junior accessory dwelling unit is located in the Coastal Zone and is attached to the nonconforming residential structure that is nonconforming with regard to geologic setback, public view encroachment, coastal access, or habitat preserve buffers, and will result in redevelopment of the nonconforming structure. For purposes of this section, redevelopment shall mean alterations to the residential structure resulting from construction of an accessory dwelling unit or junior accessory dwelling unit that consist of (1) additions to an existing structure, or (2) exteri or or interior renovations, or (3) demolition or replacement of an existing principal structure, or portions thereof, any of which results in replacement (including demolition, renovation or alteration) of 50 percent or more of major structural components including exterior walls, floor, roof structure or foundation, or a 50 percent increase in gross floor area.

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EFFECTIVE DA
TE: The approval of this ordinance shall not be effective until the Executive Director of the California Coastal Commission certifies that implementation of LCPA 2020‐0006 will be consistent with the Coastal Commission’s approval of LCPA 2020‐0006 with suggested modifications.

INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad Cit y Council on the 12th day of July, 2022, and thereafter
PASSED, APPROVED AN D ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the _____ day of _____, 2022, by the following vote, to wit:

AYES:

NAYS:

ABSENT:

APPROVED AS TO FORM AND LEGALITY:
_________________________________
CELIA A. BREWER, City Attorney
_____________________________________
MATT HALL, Mayor
_________________________________
_____
FAVIOLA MEDINA, City Clerk Services Manager
(SEAL)
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Exhibit 2
Ci
ty Council Ordinance No. CS-384
(on file in the Office of the City Clerk)
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Exhibit 3

City Council Staff Report Dated Sept. 1, 2020
(on file in the Office of the City Clerk)

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Exhibit 4

Coastal Commission Staff Report Dated March 9, 2022
(on file in the Office of the City Clerk)

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STATE OF CALIFORNIA - NATURAL RESOURCES AGENCY GAVIN NEWSOM, GOVERNOR

CALIFORNIA COASTAL COMMISSION

SAN DIEGO DISTRICT OFFICE
7575 METROPOLITAN DRIVE, SUITE 103
SAN DIEGO, CA 92108-4402
VOICE (619) 767-2370
FAX (619) 767-2384
W14c
Date: February 24, 2022
To: COMMISSIONERS AND INTERESTED PERSONS
From: KARL SCHWING, DEPUTY DIRECTOR, SAN DIEGO COAST DISTRICT

ERIN PRAHLER, DISTRICT SUPERVISOR, SAN DIEGO COAST DISTRICT

CARRIE BOYLE, COASTAL PLANNER, SAN DIEGO COAST DISTRICT Subject: STAFF RECOMMENDATION ON CITY OF CARLSBAD MAJOR AMENDMENT NO. LCP-6-CAR-20-0077-2 (ADU Update) for Commission Meeting of March 9-11, 2022

SYNOPSIS
The subject LCP land use plan and implementation plan amendment was submitted and filed as complete on November 19, 2020. A one-year time extension was granted on February 10, 2021. As such, the last date for Commission action on this item is April 5, 2022. The subject proposal was originally scheduled for the February 2022 hearing but was postponed in order to allow for time to reach an agreement with the City on the suggested modifications proposed below.

SUMMARY OF AMENDMENT REQUEST
The City of Carlsbad proposes revisions to the City’s Zoning Ordinance, part of the certified LCP implementation plan (IP), as well as to the Village and Barrio Master Plan, a combination IP and land use plan (LUP) for the Village-Barrio LCP segment, in order to bring the City’s regulation of accessory dwelling units (ADUs) into compliance with state law.

The proposed LUP amendment would modify the Village and Barrio Master Plan to permit junior ADUs (JADUs) in certain Districts. The existing Plan currently permits ADUs only on lots with one single-family dwelling. The proposed amendment would allow ADUs on lots with one-family, two-family, multifamily, and mixed-use dwellings.

The proposed IP amendment would repeal and replace the City’s existing ADU regulations and make several revisions throughout other sections of the Municipal Code in order to provide consistency with state law and clarify the existing language. It would eliminate the existing definitions of ADUs and JADUs and instead refer directly to the Government Code definitions. It would update certain development standards for ADUs and JADUs, including size and height, and refer directly to the Government Code for other development Exhibit 4
LCPA LCP-6-CAR-20-0077-2 (ADU Update)

2 standards such as setbacks. The proposed IP would require ADUs and JADUs that are new construction or a conversion or expansion of an existing structure to be consistent with all habitat preserve buffers and geologic stability setbacks. The amendment would also update owner requirements and rental terms of an ADU and JADU.

The IP amendment would also eliminate the requirement to replace existing parking required for the primary residence when parking is removed or converted to an ADU. The existing list of exemptions from off-street parking requirements for ADUs would be repealed and replaced with a cross-reference to the Government Code.

The proposed amendment specifies that the City shall not require, as a condition for approval of an ADU or JADU, the correction of nonconforming zoning conditions in an existing nonconforming residential structure.

Finally, the amendment would clarify language exempting certain ADUs from permit requirements. Section 21.201.060 would exempt from a coastal development permit requirement an ADU that is attached to the primary residence or converted from the existing space of a primary residence or attached accessory structure.

SUMMARY OF STAFF RECOMMENDATION
Staff is recommending denial of the LUP and IP amendments as submitted, and approval of both amendments as modified by the staff recommendation.

The Commission is aware that the state has an affordable housing crisis, and this issue is only more acute in the state’s coastal zone. To address this critical need, the state legislature has enacted a number of housing laws in the last several years designed to eliminate barriers to the provision of housing, and to help foster additional housing units – particularly critically needed affordable units – where they can be appropriately accommodated by adequate public services and where, in the coastal zone, they will not adversely affect coastal resources. Toward this end, the 2019-2020 legislative session included a series of changes to state housing law designed to facilitate more ADUs and affordable housing units. Those changes have triggered the need for jurisdictions in the coastal zone to update their LCPs to address requirements affecting the development of ADUs, as well as other types of affordable housing. Importantly, state law continues to explicitly require that Coastal Act (and by extension LCP) coastal resource protections be incorporated into the process when considering ADUs, and thus, updated local government ADU provisions must continue to ensure coastal resource protections. In short, the goal of updating LCPs related to ADUs, JADUs, and other forms of affordable housing is to harmonize state housing law changes with the Coastal Act in a way that continues to protect coastal resources while also reducing and eliminating barriers to the development of affordable housing.

The majority of the provisions of the proposed amendment are consistent with the certified LCP and Coastal Act. However, as proposed, the amendments contain several procedural and substantive issues related to the provision of ADUs that do not conform to the certified LCP or Chapter 3 of the Coastal Act and require suggested modifications to be consistent with the standard of review.

LCPA LCP-6-CAR-20-0077-2 (ADU Update)

3 As proposed by the City, the amendment would cross-reference to Government Code Sections 65852.2 and 65852.22, rather than restate the development standards and requirements for ADUs and JADUs within the text of the Implementation Plan. Cross- references to other code sections or documents incorporate by reference the language of those code sections or documents into the certified LCP. The proposed cross-references may become problematic because the Legislature may amend the Government Code sections and thus those amendments would be incorporated into the LCP without Commission knowledge or approval, potentially creating additional inconsistency with the certified LCP or the Coastal Act. As described above, state ADU laws must be harmonized with the Coastal Act. Automatically incorporating any updates to the state law into the LCP would prevent the opportunity for the Commission to review amendments for consistency with the Coastal Act and LUP and could therefore result in impacts to coastal resources and public access protected by the LCP. To address this concern, suggested modifications add the effective date of the Government Code sections referenced in the City’s ADU regulations to make clear that only those development standards and requirements currently in effect are part of the City’s LCP. Any future changes to the state law provisions that are referenced are subject to an LCP amendment so that the Commission can address any provisions that may conflict with the Coastal Act and the City’s LCP.

As proposed, the amendment would not require replacement off-street parking when a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or JADU, or when a garage, carport, or covered parking structure is converted into an ADU or JADU. This proposal is not likely to have substantial adverse effects to coastal resources in the vast majority of the City. However, in certain coastal areas in Carlsbad, spillover parking demand from private residential uses would impact the ability of visitors to access Carlsbad’s shoreline and recreational opportunities. As such, the amendment could result in adverse impacts to public access and recreation. To address these concerns, suggested modifications require replacement off-street parking to be provided for residential sites west of the rail corridor and, between Avenida Encinas to the north and Batiquitos Lagoon to the south, west of Interstate 5, which will ensure consistency with the recreation and access protection policies contained in the certified LUP.

The City’s proposed amendment would add a provision to the IP regarding nonconforming lots, structures, and uses stating that nonconforming requirements do not apply to ADUs or JADUs that are proposed with an existing nonconforming residential structure. It would also specify that the City shall not require, as a condition for approval of an ADU or JADU, the correction of nonconforming zoning conditions. However, the construction of an attached ADU or JADU could include the replacement of 50% or more of an existing nonconforming structure, thereby extending the lifetime of the existing nonconformity or nonconformities. This raises concerns about extending a nonconforming structure’s adverse impacts on coastal resources such as habitat buffers or public views. Suggested modifications would add a definition of redevelopment for the purposes of the City’s section on nonconforming structures, such that correction of nonconforming conditions related to coastal resources would be required for an ADU or JADU that results in redevelopment of a nonconforming structure.

During review of the subject amendment, a significant concern with the City’s existing ADU provisions (approved by the Commission in 2017 as LCP-6-CAR-17-0055-2) was LCPA LCP-6-CAR-20-0077-2 (ADU Update)

4 identified. As currently certified, the IP states that an ADU that is attached to the primary residence or converted from the existing space of a primary residence or attached accessory structure is exempt from the requirements of a minor coastal development permit and coastal development permit, except in particular circumstances such as where the proposed improvement would encroach into environmentally sensitive habitat area.

However, the distinction between “attached” and “detached” ADUs and JADUs has proved to be one that does not accurately account for the likelihood of impacts to coastal resources. Section 30610 of the Coastal Act exempts certain improvements to residences from the need for permits, but the Commission’s regulations describe how some types of improvements are not exempt due to their potential for adverse effects. (See Cal. Code of Regs., tit. 14, § 13250(a).) As explained in the Executive Director’s recent ADU memorandum issued to local governments (Exhibit 8), attached ADUs, like detached ADUs, are subject to coastal hazards and attached ADUs, like detached ADUs, may have impacts on views, habitat, and other resources. Exempting ADUs that are attached to a SFR based solely on their connection to the principal structure may result in development impacts, which would be inconsistent with the purpose of Sections 30610 and 13250.

Therefore, suggested modifications would clarify that ADUs and JADUs that are located entirely within the existing primary structure and do not increase the existing habitable area of the structure or convert non-habitable area do not require a coastal development permit, while ADUs and JADUs that do not meet all of those criteria will still be required to obtain a coastal development permit.

Only with the incorporation of these suggested modifications can the IP amendment be found consistent with the stated goals and policies of the certified LUP while still allowing for the number and types of housing units that constitute an effective land use plan.

The appropriate motions and resolutions begin on page 7. The suggested modifications begin on page 9. The findings for denial of the Land Use Plan Amendment as submitted begin on page 15. The findings for approval of the plan, if modified, begin on page 15. The findings for denial of the Implementation Plan Amendment as submitted begin on page 18.

The findings for approval of the plan, if modified, begin on page 22.

ADDITIONAL INFORMATION
Further information on the City of Carlsbad LCP amendment No. LCP-6-CAR-20-0077-2 may be obtained from Carrie Boyle, Coastal Planner, at (619) 767-2370 or [email protected].

LCPA LCP-6-CAR-20-0077-2 (ADU Update)

5 TABLE OF CONTENTS
I. OVERVIEW .............................................................................................. 6 A. LCP HISTORY .................................................................................................... 6 B. STANDARD OF REVIEW .................................................................................... 6 C. PUBLIC PARTICIPATION ................................................................................... 6 II. MOTION AND RESOLUTIONS ................................................................ 7 III. SUGGESTED MODIFICATIONS .............................................................. 9 IV. FINDINGS FOR DENIAL OF CERTIFICATION OFTHE CITY OF

CARLSBAD LAND USE PLAN AMENDMENT, AS SUBMITTED, AND
APPROVAL IF MODIFIED ..................................................................... 13 A. AMENDMENT DESCRIPTION .......................................................................... 13 B. CONFORMANCE WITH SECTION 30001.5 OF THE COASTAL ACT .............. 14 C. CONFORMITY OF THE CITY OF CARLSBAD LAND USE PLAN WITH CHAPTER 3 ............................................................................................................... 14 V. FINDINGS FOR REJECTION OF THE CITY OF CARLSBAD

IMPLEMENTATION PLAN AMENDMENT, AS SUBMITTED, AND
APPROVAL IF MODIFIED ..................................................................... 15 A. AMENDMENT DESCRIPTION .......................................................................... 15 B. CONFORMANCE WITH THE CERTIFIED LAND USE PLAN ........................... 16 VI. CONSISTENCY WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) ........................................................................................... 25

EXHIBITS
Exhibit 1 – Ordinance
Exhibit 2 – Proposed Text Changes in Strikeout/Underline Exhibit 3 – Village and Barrio Master Plan Use Restrictions Map (Figure 2-2) Exhibit 4 – Proposed ADU/JADU Parking Replacement Area
Exhibit 5 – Government Code Section 65852.2 (effective January 1, 2022) Exhibit 6 – Government Code Section 65852.22 (effective January 1, 2020) Exhibit 7 – Government Code Section 65852.26 (effective January 1, 2022) Exhibit 8 – Executive Director’s ADU Memorandum (January 21, 2022)

LCPA LCP-6-CAR-20-0077-2 (ADU Update)

6 I. OVERVIEW
A. LCP HISTORY

The City of Carlsbad’s certified LCP contains six geographic segments as follows: Agua Hedionda, Mello I, Mello II, West Batiquitos Lagoon/Sammis Properties, East Batiquitos Lagoon/Hunt Properties, and Village-Barrio. Pursuant to Sections 30170(f) and 30171 of the Public Resources Code, the Coastal Commission prepared and approved two portions of the LCP, the Mello I and II segments in 1980 and 1981, respectively. The West Batiquitos Lagoon/Sammis Properties segment was certified in 1985. The East Batiquitos Lagoon/Hunt Properties segment was certified in 1988. The Village Redevelopment Area LCP was certified in 1988; the City has been issuing coastal development permits there since that time. The Village LCP segment was expanded and renamed the Village-Barrio in 2019. On October 21, 1997, the City assumed permit jurisdiction and has been issuing coastal development permits for all segments except Agua Hedionda. The Agua Hedionda LCP segment is a deferred certification area until an implementation plan for that segment is certified. This amendment modifies the City’s Implementation Plan for the other five segments and the City’s Land Use Plan for the Village-Barrio segment.

B. STANDARD OF REVIEW

The standard of review for land use plans, or their amendments, is found in Section 30512 of the Coastal Act. This section requires the Commission to certify an LUP or LUP amendment if it finds that it meets the requirements of Chapter 3 of the Coastal Act.

Specifically, it states:

Section 30512

(c) The Commission shall certify a land use plan, or any amendments thereto, if it finds that a land use plan meets the requirements of, and is in conformity with, the policies of Chapter 3 (commencing with Section 30200). Except as provided in paragraph (1) of subdivision (a), a decision to certify shall require a majority vote of the appointed membership of the Commission.

Pursuant to Section 30513 of the Coastal Act, the Commission may only reject zoning ordinances or other implementing actions, as well as their amendments, on the grounds that they do not conform with, or are inadequate to carry out, the provisions of the certified land use plan. The Commission shall take action by a majority vote of the Commissioners present.

C. PUBLIC PARTICIPATION

The City has held Planning Commission and City Council meetings with regard to the subject amendment request. All of those local hearings were duly noticed to the public.

Notice of the subject amendment has been distributed to all known interested parties.

LCPA LCP-6-CAR-20-0077-2 (ADU Update)

7 II. MOTION AND RESOLUTIONS
Following a public hearing, staff recommends the Commission adopt the following resolutions and findings. The appropriate motion to introduce the resolution and a staff recommendation are provided just prior to each resolution.

1. MOTION:

I move that the Commission certify the Land Use Plan Amendment for the No. LCP- 6-CAR-20-0077-2 for the Village-Barrio segment of the City of Carlsbad as submitted.

STAFF RECOMMENDATION OF DENIAL OF CERTIFICATION:

Staff recommends a NO vote on the motion. Failure of this motion will result in denial of the land use plan amendment as resubmitted and adoption of the following resolution and findings. The motion to certify as submitted passes only upon an affirmative vote of a majority of the appointed Commissioners.

RESOLUTION TO DENY CERTIFICATION OF LAND USE PLAN AMENDMENT AS SUBMITTED:

The Commission hereby denies certification of the Land Use Plan Amendment for the Village-Barrio segment of the City of Carlsbad as submitted and finds for the reasons discussed below that the submitted Land Use Plan Amendment fails to meet the requirements of and does not conform to the policies of Chapter 3 of the California Coastal Act. Certification of the plan would not comply with the California Environmental Quality Act because there are feasible alternatives or mitigation measures that would substantially lessen any significant adverse impact which the Land Use Plan Amendment may have on the environment.

2. MOTION:

I move that the Commission certify the Land Use Plan Amendment for the No. LCP- 6-CAR-20-0077-2 for the Village-Barrio segment of the City of Carlsbad certified LCP as submitted if modified pursuant to the staff recommendation.

STAFF RECOMMENDATION: CERTIFICATION IF MODIFIED AS SUGGESTED:

Staff recommends a YES vote on the motion. Passage of the motion will result in certification with suggested modifications of the submitted land use plan amendment and the adoption of the following resolution and findings. The motion passes only by an affirmative vote of a majority of the appointed Commissioners.

3. MOTION:

I move that the Commission reject the Implementation Program Amendment No.

LCP-6-CAR-20-0077-2 for the City of Carlsbad as submitted as submitted.

LCPA LCP-6-CAR-20-0077-2 (ADU Update)

8 STAFF RECOMMENDATION OF REJECTION:

Staff recommends a YES vote. Passage of this motion will result in rejection of Implementation Program and the adoption of the following resolution and findings. The motion passes only by an affirmative vote of a majority of the Commissioners present.

RESOLUTION TO DENY CERTIFICATION OF THE IMPLEMENTATION PROGRAM AMENDMENT AS SUBMITTED:

The Commission hereby denies certification of the Implementation Program Amendment submitted for City of Carlsbad and adopts the findings set forth below on grounds that the Implementation Program as submitted does not conform with, and is inadequate to carry out, the provisions of the certified Land Use Plan .

Certification of the Implementation Program would not meet the requirements of the California Environmental Quality Act as there are feasible alternatives and mitigation measures that would substantially lessen the significant adverse impacts on the environment that will result from certification of the Implementation Program as submitted.

4. MOTION:

I move that the Commission certify the Implementation Program Amendment No.

No. LCP-6-CAR-20-0077-2 for the City of Carlsbad if it is modified pursuant to the staff recommendation.

STAFF RECOMMENDATION:

Staff recommends a YES vote. Passage of this motion will result in certification of the Implementation Program Amendment with suggested modifications and the adoption of the following resolution and findings. The motion passes only by an affirmative vote of a majority of the Commissioners present.

RESOLUTION TO CERTIFY THE IMPLEMENTATION PROGRAM AMENDMENT WITH SUGGESTED MODIFICATIONS:

The Commission hereby certifies the Implementation Program Amendment for the City of Carlsbad if modified as suggested and adopts the findings set forth below on grounds that the Implementation Program Amendment, with the suggested modifications, conforms with and is adequate to carryout the certified Land Use Plan. Certification of the Implementation Program Amendment if modified as suggested complies with the California Environmental Quality Act, because either 1) feasible mitigation measures and/or alternatives have been incorporated to substantially lessen any significant adverse effects of the Implementation Program Amendment on the environment, or 2) there are no further feasible alternatives and mitigation measures that would substantially lessen any significant adverse impacts on the environment.

LCPA LCP-6-CAR-20-0077-2 (ADU Update)

9 III. SUGGESTED MODIFICATIONS
Staff recommends the following suggested revisions to the proposed Implementation Plan be adopted. The underlined sections represent language that the Commission suggests be added, and the struck-out sections represent language which the Commission suggests be deleted from the language as originally submitted.

Village & Barrio Master Plan

1. Modify Table 2-1 Permitted Uses, in Section 2.3.3, as follows to apply footnote “2” to the use listing for Accessory Dwelling Unit in the VC and HOSP districts:

RESIDENTIAL VC VG HOSP FC PT BP BC
Dwelling, One-Family - P1 - - P1 P1 P1
Dwelling, Two-Family (attached) P2 P P2 P P P P
Dwelling, Multiple-Family P2 P P2 P P P P
Accessory Dwelling Unit
(accessory to one-family, two-
family, multifamily, and mixed-
use dwellings; subject to CMC
Section 21.10.030; defined: CMC
Sections 21.04.121)
A2 A A2 A A A A
[. . .]
2 Not permitted on the ground floor street frontage as identified in Figure 2-2. See exception for “Educational Institutions or Schools, Public or Private,” in Section 2.7.3.J., Hospitality Supplemental District Standards.
[. . .]

Zoning Ordinance

2. Throughout Sections 21.04 and 21.10.030, add the following to all references to Government Code Section 65852.2:

… 65852.2 (effective Jan. 1, 2022) …

Add the following to all references to Government Code Section 65852.22:

… 65852.22 (effective Jan. 1, 2020) …

3. Revise Section 21.10.030.C as follows:

C. Residential Use and Density. ADUs and JADUs, which comply with the requirements of this section (21.10.030) and California Government Code Sections 65852.2 and 65852.22:

[. . .]

3. Shall not be considered a dwelling unit when implementing the dwelling unit limitations established by Proposition E enacted by Carlsbad voters LCPA LCP-6-CAR-20-0077-2 (ADU Update)

10 on November 4, 1986, and shall not be considered a dwelling unit under the definition of “short-term vacation rental” in Chapter 5.60, Short-Term Vacation Rentals.

4. Revise Section 21.10.030.E. as follows:

E. Other Requirements and Standards. ADUs and JADUs shall comply with all the following requirements and standards:

1. ADUs and JADUs shall comply with the development requirements and standards of California Government Code Sections 65852.2 and 65852.22.

2. When not in conflict with California Government Code Sections 65852.2 and 65852.22 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.

[. . .]

6. The construction of an ADU or JADU that is all new construction, or is a conversion of a portion or all of an existing structure, or expands the square footage of an existing structure, shall be consistent with all habitat preserve buffers, and geologic stability setbacks, and visual resource protection policies in the certified local coastal program, habitat management plan, general plan, or geotechnical report, as applicable.

[. . .]

9. Parking.
a. An ADU shall provide off-street parking in compliance with Chapter

LCPA LCP-6-CAR-20-0077-2 (ADU Update)

11 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.
[. . .]

11. A Notice of Restriction shall be recorded on the property declaring that:

a. The An ADU and/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 and/or JADU per California Government Code Section 65852.22 are binding on all present and future property owners.

[. . .]

13. An ADU may be sold separately from the primary dwelling only in limited situations pursuant to California Government Code Section 65852.26 (effective Jan. 1, 2022).

5. Revise Section 21.10.030.G. as follows:

G. Conflicting Standards. If there is a conflict between the requirements of this section and requirements of the California Government Code provisions relating to ADUs and JADUs, including but not limited to Sections 65852.2 or 65852.22, the California Government Code provisions shall apply.

6. Revise Section 21.48.020 as follows:

[. . .]

B. The provisions of this chapter [Nonconforming lots, structures, and uses] do not apply:

[. . .]

2. When an accessory dwelling unit or junior accessory dwelling unit is proposed on a lot with an existing nonconforming residential structure that LCPA LCP-6-CAR-20-0077-2 (ADU Update)

12 is nonconforming with regard to geologic setback, public view encroachment, coastal access, or habitat preserve buffers, and development of the proposed accessory dwelling unit or junior accessory dwelling unit does not result in redevelopment of the nonconforming residential structure. Pursuant to California Government Code Section 65852.2, the city shall not require, as a condition for approval of an accessory dwelling unit or a junior accessory dwelling unit, the correction of nonconforming zoning conditions, except where the accessory dwelling unit or junior accessory dwelling unit is located in the Coastal Zone and is attached to the nonconforming residential structure that is nonconforming with regard to geologic setback, public view encroachment, coastal access, or habitat preserve buffers, and will result in redevelopment of the nonconforming structure. For purposes of this section, redevelopment shall mean alterations to the residential structure resulting from construction of an accessory dwelling unit or junior accessory dwelling unit that consist of (1) additions to an existing structure, or (2) exterior or interior renovations, or (3) demolition or replacement of an existing principal structure, or portions thereof, any of which results in replacement (including demolition, renovation or alteration) of 50 percent or more of major structural components including exterior walls, floor, roof structure or foundation, or a 50 percent increase in gross floor area.

7. Revise Section 21.201.060 as follows:

21.201.060 Exemptions and categorical exclusions from minor coastal development permit and coastal development permit procedures.

A. For the purposes of subsection B.1 of this section, an existing single-family residential building shall include:

1. All appurtenances and other non-habitable accessory structures, including decks, directly attached to the residence;

2. Accessory structures or improvements on the property normally associated with residences, such as garages, swimming pools, fences and storage sheds, and junior accessory dwelling units and accessory dwelling units that are completely within an existing residential building and are created from existing habitable floor area, attached to or converted from the existing space of a primary residence or attached accessory structure, but not including: guest houses or self-contained residential units that are detached from an existing single-family residential building;
a. Guest houses
b. Accessory dwelling units or junior accessory dwelling units that:
i. Are detached from the existing residential building; or LCPA LCP-6-CAR-20-0077-2 (ADU Update)

13 ii. Are attached to, or not completely contained within, an existing residential building; or
iii. Result in an increase in habitable area or convert non-habitable space to habitable area.

3. Landscaping on the lot.

B. Exemptions. The following projects are exempt from the requirements of a minor coastal development permit and coastal development permit:

1. Improvements to an existing single-family residential building, except:

[. . .]

c. Improvements that would result in an increase of ten percent or more of internal floor area of an existing structure or an additional improvement of ten percent or less where an improvement to the structure had previously been undertaken pursuant to California to Public Resources Code Section 30610(a), [. . .]

[. . .]

e. Expansion or construction of water wells or septic systems.;

f. Improvements to establish an accessory dwelling unit that is attached to the primary residence, or converted from the existing space of a primary residence or attached accessory structure or a junior accessory dwelling unit within a one-family dwelling where such primary residence or attached accessory structure is nonconforming with respect to habitat preserve buffers or geologic stability setbacks in the certified local coastal program.

IV. FINDINGS FOR DENIAL OF CERTIFICATION OFTHE CITY

OF CARLSBAD LAND USE PLAN AMENDMENT, AS

SUBMITTED, AND APPROVAL IF MODIFIED
A. AMENDMENT DESCRIPTION

The City of Carlsbad proposes to modify Table 2-1 in the Village and Barrio Master Plan to add JADUs as a permitted use in certain districts. The amendment would also modify the language describing ADUs in Table 2-1, which currently lists ADUs as a permitted use accessory to a single one-family dwelling unit only. The proposed amendment would clarify that ADUs could be also accessory to two-family, multifamily, and mixed-use dwellings.

LCPA LCP-6-CAR-20-0077-2 (ADU Update)

14 B. CONFORMANCE WITH SECTION 30001.5 OF THE COASTAL ACT

The Commission finds, pursuant to Section 30512.2(b) of the Coastal Act, that portions of the Land Use Plan as set forth in the preceding resolutions, are not in conformance with the policies and requirements of Chapter 3 of the Coastal Act to the extent necessary to achieve the basic state goals specified in Section 30001.5 of the Coastal Act which states:

The legislature further finds and declares that the basic goals of the state for the Coastal Zone are to:

a) Protect, maintain and, where feasible, enhance and restore the overall quality of the coastal zone environment and its natural and manmade resources.

b) Assure orderly, balanced utilization and conservation of coastal zone resources taking into account the social and economic needs of the people of the state.

c) Maximize public access to and along the coast and maximize public recreational opportunities in the coastal zone consistent with sound resource conservation principles and constitutionally protected rights of private property owners.

(d) Assure priority for coastal-dependent and coastal-related development over other development on the coast.

(e) Encourage state and local initiatives and cooperation in preparing procedures to implement coordinated planning and development for mutually beneficial uses, including educational uses, in the coastal zone.

The Commission therefore finds, for the specific reasons detailed below, that the land use plan does not conform with Chapter 3 of the Coastal Act or the goals of the state for the coastal zone with regards to visitor-serving uses.

C. CONFORMITY OF THE CITY OF CARLSBAD LAND USE PLAN WITH CHAPTER 3

Relevant Coastal Act policies include the following:

Section 30213 of the Coastal Act states:

Lower cost visitor and recreational facilities shall be protected, encouraged, and, where feasible, provided. Developments providing public recreational opportunities are preferred.

Section 30222 of the Coastal Act states:

The use of private lands suitable for visitor-serving commercial recreation facilities designed to enhance public opportunities for coastal recreation shall have priority over private residential, general industrial, or general commercial development, but LCPA LCP-6-CAR-20-0077-2 (ADU Update)

15 not over agriculture or coastal-dependent industry.

1. FINDINGS FOR DENIAL

The existing Table 2-1 Permitted Uses in the Village and Barrio Master Plan (VBMP) includes a footnote (#2) to indicate which uses are prohibited on the ground floor street frontage in certain visitor-serving areas indicated in Figure 2-2 of the VBMP (Exhibit 3).

This footnote is applied to two-family and multi-family dwellings within the Village Center (VC) and Hospitality (HOSP) Districts. The VC and HOSP Districts are meant to serve as visitor-serving and commercial areas, with ground floor commercial uses primarily catering to visitors. When the VBMP was certified by the Commission in 2019 (LCP-6-CVR-18- 0070-1), Footnote 2 was not applied to ADUs in any district. This was presumably because ADUs were previously limited to a single one-family dwelling, which is not a permitted use in the VC and HOSP Districts. However, with the City’s proposed amendment to permit ADUs in two-family, multifamily, and mixed use dwellings, there is ambiguity regarding whether or not an ADU would be permitted on the ground floor of a building containing one of these types of dwellings. Permitting an ADU on the ground floor in an area intended to have primarily visitor-serving ground floor commercial uses would be inconsistent with Sections 30213 and 30222 of the Coastal Act.

2. FINDINGS FOR APPROVAL IF MODIFIED

Suggested Modification #1 would apply Footnote 2 to ADUs located in the VC and HOSP Districts in order to prevent an ADU from being constructed on the ground floor of a visitor- serving area. As modified, the Permitted Uses table in the VBMP would prioritize visitor- serving commercial recreation facilities over private residential uses and therefore be consistent with Sections 30213 and 30222 of the Coastal Act.

V. FINDINGS FOR REJECTION OF THE CITY OF CARLSBAD

IMPLEMENTATION PLAN AMENDMENT, AS SUBMITTED,

AND APPROVAL IF MODIFIED
A. AMENDMENT DESCRIPTION

The City of Carlsbad proposes to modify the Zoning Ordinance (Municipal Code), which is certified as part of its LCP Implementation Plan (IP) in order to make the City’s regulation of accessory dwelling units (ADUs) consistent with recent changes to state housing law (see Gov. Code, §§ 65852.2 and 65852.22, as amended). The proposed changes would repeal and replace Municipal Code Section 21.10.030, which contains the City’s ADU and junior ADU (JADU) regulations. Revisions are also proposed in other sections of the Zoning Ordinance in order to clean up the existing language and ensure consistency with the new regulations.

LCPA LCP-6-CAR-20-0077-2 (ADU Update)

16 Specifically, the proposed amendment would:
• Replace the existing definitions of ADU and JADU with cross-references to the Government Code definitions.
• Add JADUs or ADUs as permitted uses in various zones by adding JADUs to the permitted uses tables in residential zones and adding ADUs to the permitted use tables in the Neighborhood Commercial, General Commercial, and Local Shopping Center Zones.
• Require ADU/JADU applications to be approved ministerially without discretionary review or a public hearing if all requirements of Section 21.10.030 are met. • Clarify that ADUs and JADUs shall not be considered a dwelling unit under the City’s definition of “short-term vacation rental.”
• Cross-reference to the Government Code for the number and location of ADUs and JADUs on a lot; the development requirements and standards; and exemptions for parking requirements.
• Eliminate the requirement to replace existing parking required for the primary residence when parking is removed or converted to an ADU. • Modify the maximum size and height of an ADU or JADU. • Require that ADUs or JADUs be consistent with all habitat preserve buffers and geologic stability setbacks in the certified LCP.
• Prohibit use of an ADU or JADU for short-term rentals less than 30 days. • Specify that if there is a conflict between the requirements of Section 21.10.030 and requirements of the Government Code provisions relating to ADUs and JADUs, the California Government Code provisions shall apply.
• Revise the regulations on accessory structures to make them consistent with the proposed ADU and JADU regulations.
• Add a new provision that the City shall not require the correction of nonconforming zoning conditions when an ADU or JADU is proposed with an existing nonconforming residential structure.
• Exempt from the requirements of a coastal development permit the creation of JADUs and attached ADUs as improvements to single-family residences.

B. CONFORMANCE WITH THE CERTIFIED LAND USE PLAN

The standard of review for LCP implementation plan submittals or amendments is their consistency with and ability to carry out the provisions of the certified LUP. The certified LCPA LCP-6-CAR-20-0077-2 (ADU Update)

17 LUP has a number of goals and policies relevant to the proposed amendment; the most applicable LUP standards are as follows:

Habitat Management Plan
Policy 7-1 Environmentally Sensitive Habitat Areas (ESHA) states:

Pursuant to Section 30240 of the California Coastal Act, environmentally sensitive habitat areas, as defined in Section 30107.5 of the Coastal Act, shall be protected against any significant disruption of habitat values, and only uses dependent upon those resources shall be allowed within those areas.

Policy 7-8 No Net Loss of Habitat states, in relevant part:

There shall be no net loss of Coastal Sage Scrub, Maritime Succulent Scrub, Southern Maritime Chaparral, Southern Mixed Chaparral, Native Grassland, and Oak Woodland within the Coastal Zone of Carlsbad.

Policy 7-11 Buffers and Fuel Modification Zones states, in relevant part:

Buffers shall be provided between all preserved habitat areas and development.

Minimum buffer areas shall be provided as follows:
a. 100 ft. for wetlands
b. 50 ft. for riparian areas
c. 20 ft. for all other native habitats (coastal sage scrub, southern maritime chaparral, maritime succulent scrub, southern mixed chaparral, native grassland, oak woodland).

The City of Carlsbad’s certified Mello I and Mello II LUPs also include the above-cited language of Policies 7-1, 7-8, and 7-11.

Mello II

Policy 1-1 Allowable Land Uses states:

Allowable uses are those that are consistent with both the General Plan and the Local Coastal Program.

Policy 4-1 Coastal Erosion – I. Development Along Shoreline states in relevant part:
(a) For all new development along the shoreline, including additions to existing development, a site-specific geologic investigation and analysis similar to that required by the Coastal Commission’s Geologic Stability and Blufftop Guidelines shall be required; for permitted development, this report must demonstrate bluff stability for 75 years, or the expected lifetime of the structure, whichever is greater.

Policy 7-10 Parking states:

Parking standards set forth within the City of Carlsbad Zoning Ordinance are appropriate for the future development of various land uses.

Policy 8-1 Site Development Review states:

The Scenic Preservation Overlay Zone should be applied where necessary throughout the Carlsbad coastal zone to assure the maintenance of existing views LCPA LCP-6-CAR-20-0077-2 (ADU Update)

18 and panoramas. Sites considered for development should undergo individual review to determine if the proposed development will obstruct views or otherwise damage the visual beauty of the area. The Planning Commission should enforce appropriate height limitations and see-through construction, as well as minimize any alterations to topography.

The City of Carlsbad’s certified Mello I LUP also includes the above-cited language of Policy 7-10.

East Batiquitos Lagoon
Policy 3 Environmentally Sensitive Habitats states, in relevant part:

The environmentally sensitive habitats (wetlands, riparian areas, and areas greater than 25% slope) shall be preserved as open space with the following additional requirements: […]
Policy 6 Scenic and Visual Qualities states, in relevant part:

The scenic and visual qualities of the area are of great value to the region. Again, the focal point for these qualities is Batiquitos Lagoon. The viewshed to the lagoon and from the lagoon shoreline are important resources. Many of the requirements previously established by this document address visual quality components [...]

1. FINDINGS FOR DENIAL

The Commission is aware that the state has an affordable housing crisis, and this issue is only more acute in the state’s coastal zone. To address this critical need, the state legislature has enacted a number of housing laws in the last several years designed to eliminate barriers to the provision of housing, and to help foster additional housing units – particularly critically needed affordable units – where they can be appropriately accommodated by adequate public services and where, in the coastal zone, they will not adversely affect coastal resources. Toward this end, the 2019-2020 legislative session included a series of changes to state housing law designed to facilitate more ADUs and affordable housing units. Those changes have triggered the need for jurisdictions in the coastal zone to update their LCPs to address requirements affecting the development of ADUs. Importantly, state law continues to explicitly require that Coastal Act (and by extension LCPs) coastal resource protections be incorporated into the process when considering ADUs, and thus, updated local government ADU provisions must continue to ensure coastal resource protections. In short, the goal of updating LCPs related to ADUs and JADUs is to harmonize state housing law changes with the Coastal Act in a way that continues to protect coastal resources while also reducing and eliminating barriers to the development of affordable housing.

Much of Carlsbad’s coastal zone consists of already-developed residential areas with adequate public services that may be appropriate for infill affordable housing development, both inside and outside of the coastal zone. Within the coastal zone, there are also substantial areas within the City where ADUs could likely be developed with no impacts to LCPA LCP-6-CAR-20-0077-2 (ADU Update)

19 coastal resources. Thus, at a broad level, the proposed IP amendment should help achieve the streamlining objectives of the state ADU and housing legislation while helping further the City’s own housing goals as specified in the LCP. As described below, there are also concerns that as proposed, the amendment would not fully protect some specific coastal resources, including public access in the City’s most parking impacted shoreline areas, habitat buffers, public views, and the avoidance of hazards.

Cross-References
The City has proposed numerous cross-references to policies that are not part of the certified LCP. The proposed ordinance states that ADUs and JADUs shall not be considered a dwelling unit under the definition of “short-term vacation rental” in Chapter

5.60, Short-Term Vacation Rentals. However, Chapter 5.60 is not part of the certified LCP.

Short-term vacation rentals are allowed within the City’s coastal zone and Chapter 5.60 of the City’s Municipal Code specifies licensing and operation requirements for vacation rentals. By cross-referencing to it in the proposed LCP amendment, the City would be pulling this Chapter on licensing and operation of short-term vacation rentals into the LCP, requiring LCP amendments for any future changes the City makes to that Chapter.

There are also several references to the California Government Code. For example, the City proposes to repeal the existing definitions of ADUs and JADUs and instead refer to Government Code Sections 65852.2 and 65852.22, respectively. The proposed ADU and JADU regulations would refer to these sections for standards such as the number and location of ADUs or JADUs on a lot; off-street parking exemptions; and any other development requirements and standards not explicitly listed in the City’s ordinance.

The proposed ordinance also includes a statement that, if there is a conflict between the City’s ADU and JADU requirements and the requirements of the California Government Code provisions relating to ADUs and JADUs, including but not limited to Sections 65852.2 or 65852.22, the California Government Code provisions shall apply. However, the City’s proposed ADU and JADU requirements differ from the referenced Government Code provisions in order to protect coastal resources. For example, the state ADU law does not require setbacks for ADUs. The City’s provisions require ADUs and JADUs comply with habitat buffers and geologic stability setbacks in the certified LCP to ensure that sensitive habitat will not be impacted and that ADUs will be sited in safe locations. Therefore, the proposed conflict language creates ambiguity about whether an ADU must comply with setback requirements.

The concern raised by these cross-references is that the Legislature may amend the Government Code sections and those may be incorporated into the LCP without Commission knowledge or approval, creating potential inconsistencies with the certified LUP or the Coastal Act. As described above, state ADU laws must be harmonized with the Coastal Act in a way that continues to protect coastal resources while also reducing or eliminating barriers to the development of affordable housing. Automatically incorporating any updates to the state law into the LCP would prevent the opportunity for the Commission to strike this balance between affordable housing goals and the Coastal Act, and could therefore result in impacts to the coastal resources and public access.

LCPA LCP-6-CAR-20-0077-2 (ADU Update)

20 Parking Requirements for ADUs and Primary Structures The City of Carlsbad contains seven miles of shoreline and three coastal lagoons which are accessed regionally by the north/south Interstate 5 corridor, and locally by El Camino Real, Carlsbad Boulevard, College Boulevard, Paseo del Norte, and Avenida Encinas.

East/West access is provided by Carlsbad Village Drive, Chestnut Avenue, Tamarack Avenue, Cannon Road, Faraday Avenue, Palomar Airport Road, Poinsettia Lane, Aviara Parkway, and La Costa Avenue.

Vertical access to the lagoons is typically provided through residential neighborhoods, and lateral access along lagoon shorelines is provided by trails. There are fourteen public vertical pedestrian beach accessways. Carlsbad Boulevard, which runs parallel to much of the City’s coastline, provides on-street parking spaces, and many public streets within residential neighborhoods provide on-street parking spaces within walking distance of the beach. A 2021 parking study conducted by the City found that, for the Downtown area between Laguna Drive on the northern extent of the City and Tamarack Avenue to the south, some of the highest street parking demand occurs west of the rail corridor.

The City’s existing LCP, like most LCPs, includes requirements that residential properties account for their parking needs on their own properties, often referred to as “off-street” parking requirements (e.g., typically in garages, carports, covered parking, driveways, etc.). Under the City’s existing certified LCP, no parking is required for an ADU if it is part of a proposed or existing primary dwelling unit or accessory structure; located within one- half mile of public transit or one block of a designated care share location; located within an architecturally and historically significant historic district; or located in an area where on- street parking permits are required but not offered to the ADU occupant. However, as proposed, the amendment would repeal this language and instead cross-reference to the parking exceptions listed in the Government Code. As described above, this raises concerns about future changes in state ADU law being automatically incorporated into the LCP without Commission review.

The amendment would also remove the requirement that off-street parking spaces for the primary dwelling be replaced when an existing parking structure is converted to an ADU or demolished in conjunction with the construction of an ADU.

These proposals are not likely to have substantial adverse effects to coastal resources in the vast majority of the City. However, west of the rail corridor, spillover parking demand from private residential uses would directly impact the ability of visitors to access Carlsbad’s shoreline and recreational opportunities. In addition, trails along the northern shore of Batiquitos Lagoon are accessed through residential neighborhoods west of Interstate 5 between Avenida Encinas to the north and Batiquitos Lagoon to the south.

There are limited dedicated parking spaces for trail access, and trail users utilize street parking when the lot is full. In addition, these neighborhoods have repeatedly sought to limit public access through proposed parking restrictions and gates. The conversion of existing garages to ADUs could significantly impact the amount of available public street parking, thereby impacting public access to the trail system. Thus, as proposed, the LCP amendment could result in impacts to coastal resources and access protected by the policies of the LUP.

LCPA LCP-6-CAR-20-0077-2 (ADU Update)

21 Protection of Visual Resources
As proposed by the City, an ADU or JADU that is all new construction, or is a conversion of a portion or all of an existing structure, or expands the square footage of an existing structure, shall be consistent with all habitat preserve buffers and geologic stability setbacks in the certified LCP, habitat management plan, general plan, or geotechnical report. However, this list does not include visual resource protection policies. An ADU could potentially impact visual resources by blocking public coastal views due to its height or reduced setbacks.

Nonconformities Regarding Setbacks and Views
The City’s proposed amendment would exclude from its regulations on nonconforming lots, structures, and uses ADUs or JADUs that are proposed with an existing nonconforming residential structure. It would also specify that the City shall not require, as a condition for approval of an ADU or JADU, the correction of nonconforming zoning conditions.

However, the City’s LCP does not currently contain a definition of redevelopment and would not prevent construction of an ADU or JADU from replacing 50% or more of an existing nonconforming structure, thereby extending the lifetime of the existing nonconformity or nonconformities. This raises concerns about extending a nonconforming structure’s adverse impacts on coastal resources such as habitat buffers, geologic setbacks, or public views. Therefore, as proposed, the LCP amendment could result in impacts to coastal resources protected by the policies of the LUP.

CDP Requirements
The City’s proposed revisions to Section 21.201.060, exemptions and categorical exclusions from minor coastal development permit and coastal development permit procedures, would not substantially change the City’s existing coastal development permit requirements for ADUs. However, as currently certified, the IP states that an ADU that is attached to the primary residence or converted from the existing space of a primary residence or attached accessory structure is exempt from the coastal development permit requirements, except in particular circumstances such as where the proposed improvement would encroach into environmentally sensitive habitat area.

After years of considering LCP provisions for ADUs, the Commission finds that it is not necessary or useful to base the distinction between exempt ADUs and non-exempt ADUs on whether they are “attached” to the principal structure. Section 30610 of the Coastal Act exempts certain improvements to single-family residences and other structures from the need to obtain permits but requires the Commission to specify, by regulation, classes of development that involve a risk of significant environmental impact and therefore require a permit. Section 13250(a)(2) states that guest houses and self-contained residential units are not considered part of a single-family home, and thus the addition or improvement of such a unit does not qualify for the exemption. This provision does not distinguish between guest houses and residential units that are attached to, versus detached from, a main residence. Pursuant to Section 30610, the purpose of Section 13250 (and 13253, which applies to multi-family homes and other structures) is to specify types of development that require a permit because they involve a risk of adverse environmental effects. The Commission’s recent experience has shown that attached ADUs, as well as detached ADUs, are subject to coastal hazards, and attached ADUs, as well as detached ADUs, could have impacts on views, habitat, access, and other resources. Thus, it is most LCPA LCP-6-CAR-20-0077-2 (ADU Update)

22 consistent with Section 30610, as well as the most protective of coastal resources (see Coastal Act Section 30009) to interpret Section 13250 of the Regulations to require coastal development permits for attached and detached ADUs unless they are located entirely within the existing primary structure and do not increase the existing habitable area of the structure or convert non-habitable area. Ultimately, the Commission finds that the creation of a self-contained living unit, in the form of an ADU, is not an “improvement” to an existing single-family residence. Rather, it is the creation of a new residence. This is true regardless of whether the new ADU is attached to the existing single-family residence or is in a detached structure on the same property.1 The Commission therefore rejects the CDP exemptions for certain classes of ADUs as proposed.

2. FINDINGS FOR APPROVAL IF MODIFIED

To address these issues, the Commission has included several suggested modifications to the proposed amendment.

Cross References
Suggested Modification #2 revises all of the proposed Government Code references to add the date each provision went into effect in order to clarify that the provisions that are incorporated by reference are those that are effective as of the specific dates. This avoids automatic incorporation of a provision without Commission review, and furthermore avoids disputes about the applicable language of the Government Code. Suggested Modification #4 also adds an effective date to the cross-reference to Government Code Section 65852.26. Exhibits 5-7 provide the Government Code language that is being certified as part of the LCP through this amendment.

Suggested Modification #5 strikes the City’s proposed language stating that the Government Code provisions shall apply where there is a conflict between the City’s ADU and JADU regulations and requirements of the California Government Code provisions relating to ADUs and JADUs. The proposal is too general. As modified, the LCP will not automatically incorporate by reference any future updates to state ADU laws. Therefore, when an incorporated provision changes, the City must submit an LCP amendment in order to incorporate the amendment, which will provide the Commission with an opportunity to review incorporated provisions for LUP consistency.

Suggested Modification #3 removes the cross-reference to the short-term vacation rental definition from Chapter 5, which is not part of the certified LCP. As proposed by the City, Section 21.10.030.E.11.a clarifies that new ADUs and JADUs cannot be used for short- term rentals of less than 30 days. Therefore, this restriction on the use of ADUs and JADUs for short-term rentals will be included in the LCP. At the City’s request, suggested Modification #3 also removes the existing reference to dwelling unit limitations established by Proposition E. In April 2021, the City of Carlsbad adopted Resolution No. 2021-074,

1 The Commission took this same position on a matter in December, 2021 (see https://documents.coastal.ca.gov/reports/2021/12/F14b/F14b-12-2021-report.pdf), which was described in a January 21, 2022 memo from the Commission’s Executive Director to local planning directors (see https://documents.coastal.ca.gov/assets/rflg/ADU-Memo.pdf or Exhibit 8).

LCPA LCP-6-CAR-20-0077-2 (ADU Update)

23 finding that the dwelling unit limitations established in Proposition E are preempted by state law and unenforceable.

Finally, as proposed by the City, Section 21.10.030.E.2 would require ADUs and JADUs to comply with other requirements of the City’s Zoning Code when not in conflict with California Government Code Sections 65852.2 and 65852.22. Suggested Modification #4 clarifies that application of other Zoning Code provisions shall not conflict with the coastal resource and public access protection requirements of the certified LCP.

Parking Requirements for ADUs and Primary Structures
As described above, not requiring replacement parking when an off-street parking structure is demolished in conjunction with the construction of an ADU or JADU, or when an existing off-street parking structure is converted into an ADU or JADU, is unlikely to impact public access in the majority of the City. However, in the area of the coast where public streets are used for beach or lagoon trail parking, spillover parking resulting from eliminating parking associated with existing structures has the potential to significantly impact public access to the shoreline. Therefore, Suggested Modification #4 requires replacement parking for projects that demolish or convert an off-street parking structure in conjunction with the construction of an ADU or JADU, where the site is located within the area generally described as west of the rail corridor or east of the rail corridor and west of Interstate 5 between Avenida Encinas to the north and Batiquitos Lagoon to the south (Exhibit 4). The replacement parking may be covered or uncovered, consist of tandem spaces, or within a parking lift within a garage; and may be located in the front, side, or rear yard, provided the parking area is an improved parking area and is consistent with the coastal resource protection policies in the certified LCP. The number of residential properties in Carlsbad in the area included in Exhibit 4 represents a small percentage of the City’s housing stock, and requiring replacement off-street parking for these residences would have a less than significant effect on the City’s ability to provide adequate lower-cost housing through the development of ADUs and JADUs.

Suggested Modification #2 also clarifies that only the off-street parking exemptions in Government Code Section 65852.2, as effective January 2022, would apply to ADUs or JADUs. Thus, if the City wishes to incorporate any future changes in state law related to parking exemptions for ADUs, an LCP amendment subject to Commission review will be required.

Protection of Visual Resources
Suggested Modification #4 would add visual resource protection policies to the list of policies that new ADU or JADU construction, conversion, or expansion would need to be consistent with. It would also incorporate minor edits to clarify the proposed Notice of Restriction language.

Nonconformities Regarding Setbacks and Views
Suggested Modification #6 would require correction of nonconforming conditions related to geologic setback, public view encroachment, coastal access, or habitat preserve buffers, when the addition of an ADU or JADU would result in the redevelopment of an existing nonconforming residential structure. As modified, the provisions would prevent a significant nonconformity from being prolonged, thereby reducing or eliminating any continuing impacts on coastal resources that might occur from an existing nonconformity.

LCPA LCP-6-CAR-20-0077-2 (ADU Update)

24 The City’s LCP does not currently contain a definition of redevelopment that ensures that nonconforming structures are brought into conformance when they undergo significant replacement. Suggested Modification #6 defines redevelopment as alterations that result in replacement of 50 percent or more of the existing structure or a 50 percent increase in gross floor area. A prior staff report published for this item on the February 2022 agenda included a more expansive definition of redevelopment that included cumulative alterations undertaken since January 1, 1977. City staff requested postponement of this item, in part, based on opposition to the addition of a definition of redevelopment that includes cumulative changes to a structure since 1977. Staff now recommends a more limited modification in anticipation of a wider update to the LCP that would address nonconforming issues for all development.

The City recently submitted LCP Amendment No. LCP-6-CAR-21-0087-3 to comprehensively update the Land Use Plan, including to address coastal hazards. In that LUP Update LCP amendment, the City is proposing a definition of redevelopment that includes replacement of 50 percent or more of any major structural components or a 50 percent increase in gross floor area. As approved by the City Council, the definition does not include cumulative changes over time. City staff indicated that including language regarding cumulative alterations since 1977 in this ADU LCP amendment would conflict with the definition approved by the Carlsbad City Council for the LUP Update, and requested that our staffs continue discussing the definition through the LUP Update amendment. The definition of redevelopment is critically important to ensure that over time, development located within the coastal zone is reevaluated for potential impacts to coastal resources and brought up to current safety and planning standards. This is particularly critical for structures located in dynamic shoreline areas, where changing conditions such as sea level rise may necessitate the redesign or relocation of development to be safe from hazards through the life of that development. Because replacement of a structure could (and often does) occur incrementally in disparate projects, it is important that the definition of redevelopment includes cumulative alterations over time. However, the definition of redevelopment in Suggested Modification #6 will only apply in the limited circumstances where the addition of an ADU or JADU would result in redevelopment of an existing nonconforming residential structure, while the definition of redevelopment in the LUP Update will apply to all development within the City’s coastal zone. The definition in Suggested Modification #6 thus addresses the scope of this amendment, with the mutual understanding that the overall issue of redevelopment will be analyzed in more depth when the Commission reviews the LUP Update.

CDP Requirements
As defined by the Coastal Act, development refers to both “the placement or erection of any solid material or structure” on land as well as any “change[s] in the density or intensity of use of land[.]” (Pub. Res. Code, § 30106). Many ADUs and JADUs may constitute development if they include, for example, new construction of a detached ADU, new construction of an attached ADU or JADU, or conversion of an existing, uninhabitable, attached or detached space to an ADU or JADU (such as a garage, storage area, basement, or mechanical room). The construction of new structures constitutes the “placement or erection of solid material,” and the conversion of existing uninhabitable LCPA LCP-6-CAR-20-0077-2 (ADU Update)

25 space would generally constitute a “change in the density or intensity of use.” Therefore, these activities would generally constitute development in the coastal zone that requires a CDP or other authorization (Pub. Res. Code, § 30600).

Unlike new construction, the conversion of an existing, legally established habitable space to an ADU or JADU within an existing residence, without removal or replacement of major structural components (e.g., roofs, exterior walls, foundations, etc.), and which does not change the intensity of use of the structure, may not constitute development within the definition in the Coastal Act. An example of a repurposed, habitable space that may not constitute new development is the conversion of an existing bedroom within a primary structure.

Thus, in order to streamline the approval of the above described ADUs and JADUs that have the least likelihood to create adverse impacts to coastal resources while ensuring continued coastal permitting review of the remaining majority of ADU and JADU types, Suggested Modification #7 clarifies that ADUs and JADUs that are not located entirely within the existing primary structure, increase existing habitable area, or convert non- habitable area require a coastal development permit. ADUs and JADUs that are wholly internal and do not increase habitable area or convert non-habitable area do not require a coastal development permit. Such wholly internal units do not pose significant risk of adverse impacts and constitute a minority of accessory unit design, as the size and configuration of many properties in the coastal zone require some alteration or conversion of existing structures in order to accommodate a new attached accessory dwelling unit.

With the Suggested Modifications, the proposed LCP amendment is consistent with the public access and recreation, geologic stability, and habitat and visual resource protection policies of the certified LUP. The proposed amendment, if modified as suggested, conforms to the certified Land Use Plans, and the proposed ordinance can be found in conformance with and adequate to implement the certified LUP.

VI. CONSISTENCY WITH THE CALIFORNIA ENVIRONMENTAL

QUALITY ACT (CEQA)
Section 21080.9 of the California Environmental Quality Act (CEQA) exempts local government from the requirement of preparing an environmental impact report (EIR) in connection with its local coastal program. The Commission's LCP review and approval program has been found by the Resources Agency to be functionally equivalent to the EIR process. Thus, under CEQA Section 21080.5, the Commission is relieved of the responsibility to prepare an EIR for each LCP submission.

The City determined that the subject LCP amendment is exempt from environmental review pursuant to CEQA Guidelines Section 15061(b)(3) [no potential for causing a significant effect on the environment] and Section 15282(h) [adoption of ordinance regarding ADUs]. (Cal. Code of Regs., tit. 14.) Nevertheless, the Commission is required in an LCP submittal or, as in this case, an LCP amendment submittal, to find that the LCP, or LCP, as amended, does conform with CEQA provisions. In this particular case, the LCP amendment as proposed will not have any significant adverse effects on the environment LCPA LCP-6-CAR-20-0077-2 (ADU Update)

26 and no significant coastal resource impacts are anticipated. Therefore, the Commission finds that the subject LCP as proposed conforms to CEQA.

STATE OF CALIFORNIA - NATURAL RESOURCES AGENCY GAVIN NEWSOM, GOVERNOR

CALIFORNIA COASTAL COMMISSION

SAN DIEGO DISTRICT OFFICE
7575 METROPOLITAN DRIVE, SUITE 103
SAN DIEGO, CA 92108-4402
VOICE (619) 767-2370
FAX (619) 767-2384
March 23, 2022
Corey Funk
City of Carlsbad
Planning Division
1635 Faraday Avenue
Carlsbad, CA 92008
Re: Certification of City of Carlsbad LCP Amendment No. LCP-6-CAR-20-0077-2 (ADU Update)
Dear Mr. Funk:

On March 9, 2022, the California Coastal Commission denied the Land Use Plan portion of the above referenced amendment to the City of Carlsbad’s Local Coastal Program (LCP) involving revisions to the Village and Barrio Master Plan. The Commission approved the Implementation Plan portion of the above referenced amendment to the City’s LCP. The approved Implementation Plan amendment involves updating the Zoning Ordinance to revise regulations related to accessory dwelling units consistent with state law.

The Commission approved the LCP amendment with suggested modifications that address cross-references to policies that are not part of the certified LCP, parking requirements for ADUs and primary structures, protection of visual resources, and nonconformities regarding setbacks and views. The attached modifications contain the specific changes adopted by the Coastal Commission.

Before the Implementation Plan amendment request can become effectively certified, the Executive Director must determine that implementation of the approved amendment will be consistent with the Commission’s certification order. This is necessary because the amendment was certified with suggested modifications.

In order for the Executive Director to make this determination, the local government must formally acknowledge receipt of the Commission’s resolution of certification, including any terms or suggested modifications; and take any formal action which is required to satisfy them, such as revised plan policies, rezonings or other ordinance revisions. This certification must also include production of new LCP Implementation Plan Sections 21.04,

21.08, 21.09, 21.10, 21.12, 21.16, 21.18, 21.20, 21.22, 21.24, 21.26, 21.28, 21.31, 21.38,

21.44, 21.45, 21.48, and 21.201 demonstrating that the amendment, as approved by the Commission and accepted by the City, will be incorporated into the City’s certified Local Coastal Program immediately upon concurrence by the Commission of the Executive Exhibit 5
July 12, 2022
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2 Director’s determination. The local government’s action must be completely consistent with the Commission’s certification order; if you are considering any change from what is presented in the attached suggested modifications, you should contact this office immediately.

The Commission’s certification order remains valid for six months from the date of its action; therefore, it is necessary for the City of Carlsbad to take the necessary steps within six months. If you believe that the City of Carlsbad will need additional time, you may request up to a one-year time extension but such an extension must be granted by the Coastal Commission at a subsequent hearing. As soon as the necessary documentation is received in this office and accepted, the Executive Director will report his/her determination to the Commission at its next regularly scheduled public hearing. If you have any questions about the Commission’s action or this final certification procedure, please contact our office. Thank you and the other staff members who worked on this planning effort. We remain available to assist you and your staff in any way possible to continue the successful implementation of the local coastal program.

Sincerely,

For:

Diana Lilly
Coastal Program Manager

July 12, 2022
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3 CITY OF CARLSBAD LCP AMENDMENT NO. LCP-6-CAR-20-0077-2

ADU UPDATE

SUGGESTED MODIFICATIONS ADOPTED BY COASTAL COMMISSION
(ON MARCH 9, 2022)

1. [Suggested Modification #1 was denied by the Coastal Commission]

2. Throughout Sections 21.04 and 21.10.030, add the following to all references to Government Code Section 65852.2:

… 65852.2 (effective Jan. 1, 2022) …

Add the following to all references to Government Code Section 65852.22:

… 65852.22 (effective Jan. 1, 2020) …

3. Revise Section 21.10.030.C as follows:

C. Residential Use and Density. ADUs and JADUs, which comply with the requirements of this section (21.10.030) and California Government Code Sections 65852.2 and 65852.22:

[. . .]

3. Shall not be considered a dwelling unit when implementing the dwelling unit limitations established by Proposition E enacted by Carlsbad voters on November 4, 1986, and shall not be considered a dwelling unit under the definition of “short-term vacation rental” in Chapter 5.60, Short-Term Vacation Rentals.

4. Revise Section 21.10.030.E. as follows:

E. Other Requirements and Standards. ADUs and JADUs shall comply with all the following requirements and standards:

1. ADUs and JADUs shall comply with the development requirements and standards of California Government Code Sections 65852.2 and 65852.22.

[. . .]
July 12, 2022
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4 6. The construction of an ADU or JADU that is all new construction, or is a conversion of a portion or all of an existing structure, or expands the square footage of an existing structure, shall be consistent with all habitat preserve buffers, and geologic stability setbacks, and visual resource protection policies in the certified local coastal program, habitat management plan, general plan, or geotechnical report, as applicable.

[. . .]

9. Parking.
a. An ADU shall provide off-street parking in compliance with Chapter

21.44 (Parking), unless it qualifies for an exemption as specified in California Government Code Section 65852.2 (effective Jan. 1, 2022). b. No off-street parking is required for a JADU if it meets the requirements specified in California Government Code Section 65852.22 (effective Jan. 1, 2020).
c. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or converted to an ADU, the loss of parking for the primary dwelling does not need to be replaced, except on lots located west of the rail corridor and on lots located east of the rail corridor and west of Interstate 5 between Avenida Encinas to the north and Batiquitos Lagoon to the south. In which case, the loss of parking for the primary dwelling shall be replaced subject to the parking requirements in Chapter 21.44 (Parking), except as follows:
i. The replacement parking spaces may be covered, uncovered, or tandem spaces, or provided by the use of mechanical automobile parking lifts (within a garage); and may be located in the front, side or rear yard, provided the parking area is an improved parking surface, such as paving, hardscape, decomposed granite, etc. ii. The location of the replacement parking spaces shall be consistent with all habitat preserve buffers, geologic stability setbacks, and visual resource protection policies in the certified local coastal program.
[. . .]

11. A Notice of Restriction shall be recorded on the property declaring that:

a. The An ADU and/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.

July 12, 2022
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5 b. The obligations and restrictions imposed on the approval of the ADU(s) per California Government Code Section 65852.2 and/or JADU per California Government Code Section 65852.22 are binding on all present and future property owners.

[. . .]

13. An ADU may be sold separately from the primary dwelling only in limited situations pursuant to California Government Code Section 65852.26 (effective Jan. 1, 2022).

5. Revise Section 21.10.030.G. as follows:

6. Revise Section 21.48.020 as follows:

[. . .]

B. The provisions of this chapter [Nonconforming lots, structures, and uses] do not apply:

[. . .]

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6 unit that consist of (1) additions to an existing structure, or (2) exterior or interior renovations, or (3) demolition or replacement of an existing principal structure, or portions thereof, any of which results in replacement (including demolition, renovation or alteration) of 50 percent or more of major structural components including exterior walls, floor, roof structure or foundation, or a 50 percent increase in gross floor area.

July 12, 2022
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Exhibit 6
July 12, 2022
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Exhibit 7
LCPA 2020-0006 – COASTAL COMMISSION SUGGESTED MODIFICATIONS Ref. # Suggested Modification Discussion
1 Clarify that ADUs are
not permitted on the
ground floor street
frontage in the Visitor
Commercial and
Hospitality districts of
the Village and Barrio
Master Plan
Commission staff proposed this suggested modification as the VC and HOSP Districts are meant to serve as visitor- serving and commercial areas, with ground floor
commercial uses primarily catering to visitors. Permitting an ADU on the ground floor in an area intended to have
primarily visitor-serving ground floor commercial uses
would be inconsistent with Sections 30213 and 30222 of
the Coastal Act.

City staff supported the modification as ground floor
street frontage spaces are intended for commercial/retail uses, the suggested modification only affects the VC and HOSP districts of the Master Plan, ADUs are not treated differently than other residential uses in these districts and ADUs are permitted in the other portions of VC/HOSP properties/buildings excluding the ground floor street
frontage.

However, due to an error in the Commission’s voting, this modification to the master plan and all of the other city proposed amendments to the Village and Barrio Master
Plan were not approved. The city is coordinating with
commission staff on how to return to the Commission for approval of the master plan amendments. In the
meantime, there is no impact to approving ADUs in the
Village and Barrio Master Plan area. ADUs in this plan area will be reviewed consistent with state law in the same
manner that they have been since 2019.

2 Add reference to the
effective date of
California Government
Code Sections 65852.2
and 65852.22
The city’s proposed ordinance references California
Government Code Section 65852.2 and 95852.22 for the
requirements applicable ADUs and JADUs, rather than
repeat the state’s requirements in the city’s zoning
ordinance.

The Coastal Commission staff report (Exhibit 5) states:
“…the proposed cross-references may become
problematic because the Legislature may amend the
Government Code sections and thus those amendments
July 12, 2022
Item #14 Page 23 of 40
would be incorporated into the LCP without Commission
knowledge or approval, potentially creating additional
inconsistency with the certified LCP or the Coastal Act…To address this concern, suggested modifications add the
effective date of the Government Code sections
referenced in the City’s ADU regulations to make clear
that only those development standards and requirements
currently in effect are part of the City’s LCP. Any future changes to the state law provisions that are referenced are subject to an LCP amendment so that the Commission
can address any provisions that may conflict with the
Coastal Act and the City’s LCP.”

Staff recommends adoption of the modification to ensure any future changes in state ADU law are adequately
evaluated for consistency with the Coastal Act.

3.a
Delete reference to
dwelling unit limits per
Proposition E
The suggested modification to Carlsbad Municipal Code
Section 21.10.030.C removes the existing reference to
dwelling unit limitations established by Proposition E. In April 2021 (after the City Council approved LCPA 2020-
0006), the City Council adopted Resolution No. 2021-074, finding that the dwelling unit limitations established in Proposition E are preempted by state law and
unenforceable.

City staff supports this suggested modification, as the city no longer enforces the Proposition E dwelling limits.

3.b
Delete reference to
Municipal Code
Chapter 5.60
The city’s proposed ordinance states that ADUs and JADUs shall not be considered a dwelling unit under the
definition of “short-term vacation rental” in Chapter 5.60, Short-Term Vacation Rentals. However, Chapter 5.60 is
not part of the certified Local Coastal Program. Short-term vacation rentals are allowed within the city’s coastal zone and Chapter 5.60 of the City’s Municipal Code specifies licensing and operation requirements for vacation rentals.

By cross-referencing to it in the proposed Local Coastal Program amendment, the city would be pulling this
chapter into the Local Coastal Program, requiring Local Coastal Program amendments for any future changes the
city makes to that chapter.

City staff supports this suggested modification, as
removing the cross-reference avoids making Chapter 5.60 inadvertently a part of the LCP by reference. Also
July 12, 2022
Item #14 Page 24 of 40
removing the reference does not change the applicability of Chapter 5.60.

4.a
Clarify that that
application of Zoning
Code provisions shall
not conflict with the
coastal resource, public
access protection or
visual resource
protection
requirements of the
certified LCP
This suggested modification removes the potential for
conflict between various applicable state and local
regulations by clarifying that ADUs and JADUs must
comply with the LCP policies on
coastal resource, public
access protection visual resource protection.

4.b
When an ADU or JADU
eliminates required
off-street parking for a
residence, add a
requirement that the
off-street parking be
replaced on site in
these locations:
• West of the railroad
• West of I-5
between Avenida
Encinas to the
north and
Batiquitos Lagoon
to the south
Pursuant to state ADU law, the city’s proposed ordinance does not require off-street parking to be replaced when an ADU eliminates the off-street parking for a residence (e.g., garage conversion).

The Coastal Commission staff report (Exhibit 5) states:
“…this proposal is not likely to have substantial adverse effects to coastal resources in the vast majority of the city.

However, in certain coastal areas in Carlsbad (see map in Exhibit 7), spillover parking demand from private
residential uses would impact the ability of visitors to access Carlsbad’s shoreline and recreational
opportunities. As such, the amendment could result in
adverse impacts to public access and recreation. To
address these concerns, suggested modifications require replacement off-street parking to be provided…which will ensure consistency with the recreation and access
protection policies contained in the certified LUP.” The off street parking is required in two locations: for all
residential sites west of the rail corridor; and additionally, for the area south of Avenida Encinas, north of Batiquitos Lagoon, and west of Interstate 5.

City staff evaluated this modification and determined that, while state ADU law does not require off-street parking to be replaced when an ADU or JADU is constructed, the
areas where the requirement will apply are areas where
coastal visitor parking and access are a high priority. Staff recommends adoption of the modification to ensure
consistency with the coastal access policies of the Coastal Act.

July 12, 2022
Item #14 Page 25 of 40
5 Remove a statement
about conflicting
standards
The proposed ordinance also includes a statement that, if there is a conflict between the city’s ADU and JADU
requirements and the requirements of the California
Government Code provisions relating to ADUs and JADUs,
including but not limited to Sections 65852.2 or 65852.22, the California Government Code provisions shall apply.

However, the City’s proposed ADU and JADU requirements
differ from the referenced Government Code provisions in order to protect coastal resources. Therefore, the proposed conflict language creates ambiguity about whether an ADU must comply with provisions in order to protect coastal resources.

As modified, the LCP will not automatically incorporate by reference any future updates to state ADU laws. Therefore, when an incorporated provision changes, the City must
submit an LCP amendment in order to incorporate the
amendment, which will provide the Commission with an
opportunity to review incorporated provisions for LUP
consistency.
6 Add a definition of
redevelopment related
to nonconforming
structures, such that
correction of
nonconforming
conditions related to
coastal resources
would be required for
an ADU or JADU that
results in
redevelopment of a
nonconforming
structure
The city’s proposed amendment states that the
requirements to correct existing nonconformities does not apply to ADUs or JADUs that are proposed with an existing nonconforming residential structure.

The Coastal Commission staff report (Exhibit 5) states:
“…this raises concerns about extending a nonconforming
structure’s adverse impacts on coastal resources such as habitat buffers or public views. Suggested modifications would add a definition of redevelopment for the purposes of the City’s section on nonconforming structures, such that correction of nonconforming conditions related to
coastal resources [geologic setback, public view
encroachment, coastal access, or habitat preserve buffers] would be required for an ADU or JADU that results in
redevelopment of a nonconforming structure.”

City staff evaluated this modification and determined that, while it may impose additional requirements on a
property owner who proposes to construct an ADU or
JADU, it would apply in limited circumstances. Staff
recommends adoption of the modification to ensure
consistency with the coastal resource protection policies of the Coastal Act.

July 12, 2022
Item #14 Page 26 of 40
7 Remove coastal
development permit
exemption for
attached ADUs.

The Commission’s executive director issued a memo on
Jan. 21, 2022 (Exhibit 7.a), that changed the interpretation the Commission had for smaller ADUs, and in February
2022 Commission staff proposed the Suggested
Modification #7 to the city’s ordinance. City staff
submitted a letter (Exhibit 7.b) in opposition to this
modification and testified at the March 9, 2022,
Commission meeting and the Commission did not approve
the proposed modifications (Exhibit 4). Therefore, the
revisions in that section reverted back to what Carlsbad submitted based on the Sept. 1, 2020 action. Detached
accessory dwelling units would require a minor coastal
development permit and attached units would be
reviewed as expansions to single family homes and could be exempt.

July 12, 2022
Item #14 Page 27 of 40
STATE OF CALIFORNIA – CALIFORNIA NATURAL RESOURCES AGENCY GAVIN NEWSOM, GOVERNOR

CALIFORNIA COASTAL COMMISSION
455 MARKET STREET, SUITE 300
SAN FRANCISCO, CA 94105-2421
VOICE (415) 904-5200
FAX (415) 904-5400
To: P
lanning Directors of Coastal Cities and Counties
From: John Ainsworth, Executive Director, California Coastal Commission Date: January 21, 2022
RE:

Updates Regarding the Implementation of New ADU Laws
_____________________________________________________________________________________ I. Introduction
California’s ongoing housing crisis continues to exacerbate housing inequity and affordability, especially in the coastal zone. To address this critical issue, the state Legislature has enacted a number of laws in the last several years that are designed to reduce barriers to providing housing and to encourage construction of additional housing units in appropriate locations. To this end, the 2019 legislative session resulted in a series of changes to state housing laws that facilitate the development of Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs), which can help provide additional housing units that can be more affordable than other forms of market rate housing. Importantly, the changes did not modify existing provisions of state housing law that explicitly recognize that local governments must still abide by the requirements of the Coastal Act, and by extension, Local Coastal Programs (LCPs). Thus, provisions on coastal resource protection must be incorporated into the planning and development process, and into updated LCP J/ADU requirements, when considering J/ADUs in the coastal zone.

Th
e Coastal Commission strongly encourages local governments to update their LCPs with J/ADU provisions in a manner that harmonizes the State’s housing laws with the Coastal Act.

Doing so would protect the State’s coastal resources while also reducing barriers to constructing J/ADUs and helping to promote more affordable coastal housing.

Th
e Coastal Commission has previously circulated three memos to assist local governments with understanding how to carry out their Coastal Act obligations while also implementing state requirements regarding the regulation of J/ADUs. These memos have raised some questions for local governments, including the manner in which they are to be understood together. In order to address this issue, and to reflect lessons learned regarding J/ADU regulation in the coastal zone in the past few years, this updated memo supersedes and replaces these prior memos.

This updated memo also elaborates on the changes to state housing laws that went into effect on January 1, 2020 and provides further information to help local governments harmonize these laws with the Coastal Act. This memo will briefly discuss the authority that the Coastal Act grants the Commission and local governments over housing in the coastal zone, new legislation regarding J/ADUs, how local governments can streamline J/ADU applications under the Coastal Act, and some key issues that should be considered when LCP amendments for J/ADU Exhibit 7A
July 12, 2022
Item #14 Page 28 of 40

2 provisions are undertaken. This memo is intended to provide general guidance for local governments with fully certified LCPs. The Coastal Commission is responsible for Coastal Act review of J/ADUs in most areas that are not subject to a fully certified LCP. Local governments that have questions about specific circumstances not addressed in this memo should contact the appropriate district office of the Commission.

II. Coastal Act Authority Regarding Housing in the Coastal Zone The Coastal Act has a variety of provisions directly related to housing. Relevant here, the Coastal Act does not negate local government compliance with state and federal law “with respect to providing low- and moderate-income housing, replacement housing, relocation benefits, or any other obligation related to housing imposed by existing law or any other law hereafter enacted.” (Pub. Res. Code § 30007.) The Coastal Act also requires the Coastal Commission to encourage housing opportunities for low- and moderate-income households (Pub. Res. Code § 30604(f)) but states that “[n]o local coastal program shall be required to include housing policies and programs. (Pub. Res. Code § 30500.1.) Finally, new residential development must be “located within, contiguous with, or in close proximity to, existing developed areas able to accommodate it” or in other areas where development will not have significant adverse effects on coastal resources. (Pub. Res. Code § 30250.)

While the Commission does not currently have the explicit authority to provide or protect affordable housing in the coastal zone, the Commission has continued to preserve existing density and affordable housing whenever possible, including by supporting and encouraging the creation of J/ADUs. The creation of new J/ADUs in existing residential areas is one of many strategies that aims to increase the housing stock, including creating additional housing units of a type and size that can be more affordable than other forms of housing in the coastal zone, in a way that may be able to avoid significant adverse impacts on coastal resources.

III. Overview of New Legislation
As of January 1, 2020, AB 68, AB 587, AB 881, AB 670, AB 671, and SB 13 collectively updated existing Government Code Sections 65852.2 and 65852.22 concerning local government review and approval of J/ADUs, and as of January 1, 2021, AB 3182 further updated the same laws, with the goal of increasing statewide availability of smaller, and potentially more affordable, housing units. Importantly, some of the changes affect local governments in the coastal zone and are summarized below.

• Local governments continue to have the discretion to adopt J/ADU provisions that are consistent with state law, and they may include specific requirements for protecting coastal resources and addressing issues such as design guidelines and protection of historic structures.

• Outside of an LCP context, existing or new J/ADU provisions that do not meet the requirements of the new legislation are null and void and will be substituted with the July 12, 2022
Item #14 Page 29 of 40

3 provisions of Section 65852.2(a) until the local government comes into compliance with new provisions. (Gov. Code § 65852.2(a)(4).) However, existing J/ADU provisions contained in certified LCPs are not superseded by Government Code Section 65852.2 and continue to apply to Coastal Development Permit (CDP) applications for J/ADUs until the LCP is modified. Coastal jurisdictions without any J/ADU provisions or with existing J/ADU provisions that were adopted prior to January 1, 2020 are encouraged to update their LCPs to comply with the State’s new laws. Such new or updated LCP provisions need to ensure that new J/ADUs will protect coastal resources in the manner required by the Coastal Act and LCP, including, for example, by ensuring that new J/ADUs are not constructed in locations where they would require the construction of shoreline protective devices, in environmentally sensitive habitat areas and wetlands, or in areas where the J/ADU’s structural stability may be compromised by bluff erosion, flooding, or wave uprush over the structure’s lifetime.

• A major change to Section 65852.2 is that the California Department of Housing and Community Development (HCD) now has an oversight role to ensure that local J/ADU provisions are consistent with state law. If a local government adopts an ordinance that HCD deems to be non-compliant with state law, HCD can notify the Office of the Attorney General. (Gov. Code § 65852.2(h)(3).) To ensure a smooth process, local governments should submit their draft J/ADU provisions to HCD and Coastal Commission staff to review for housing law and Coastal Act consistency before they are adopted locally and should continue to foster a three-way dialogue regarding any potential issues identified. Additionally, Coastal Commission and HCD staff meet regularly to discuss and resolve any issues that arise in the development of J/ADU provisions in the coastal zone. The Commission continues to prioritize J/ADU LCP amendments, and some may qualify for streamlined review as minor or de minimis amendments. (Pub. Res. Code § 30514(d); 14 Cal. Code Regs. § 13554.)

• In non-coastal zone areas, local governments are required to provide rapid, ministerial approval or disapproval of applications for permits to create J/ADUs, regardless of whether the local government has adopted updated J/ADU provisions. (Gov. Code § 65852.2(a)(3).) In the coastal zone, CDPs are still necessary in most cases to comply with LCP requirements (see below); however, a local public hearing is not required, and local governments are encouraged to streamline J/ADU processes as much as feasible.

Other recent legislative changes clarify that local J/ADU provisions may not require a minimum lot size; owner occupancy of an ADU (though if there is an ADU and a JADU, one of them must be owner-occupied); fire sprinklers if such sprinklers are not required in the primary dwelling; a maximum square footage of less than 850 square feet for an ADU (or 1,000 square feet if the ADU contains more than one bedroom); and in some cases, off-street parking. Section 65852.2(a) lists additional mandates for local governments that choose to adopt a J/ADU July 12, 2022
Item #14 Page 30 of 40

4 ordinance, all of which set the “maximum standards that local agencies shall use to evaluate a proposed [ADU] on a lot that includes a proposed or existing single-family dwelling.” (Gov. Code § 65852.2(a)(6).) As indicated above, in specific cases coastal resource considerations may negate some such requirements, but only when tied to a coastal resource impact that would not be allowed under the Coastal Act and/or the LCP. In recent LCP amendments, these types of considerations have most often arisen in terms of the off-street parking provisions (see below).

IV. General Guidance for Reviewing J/ADU Applications
The following section lays out the general permitting pathway in which local governments can process J/ADU applications in a manner that is consistent with Coastal Act requirements and LCP provisions.

1) Check prior CDP history for the site.

Determine whether a CDP or other form of Coastal Act/LCP authorization was previously issued for development of the site and whether that CDP and/or authorization limits, or requires a CDP or CDP amendment for, changes to the approved development or for future development or uses of the site. The applicant should contact the appropriate Coastal Commission district office if a Commission-issued CDP and/or authorization affects the applicant’s ability to apply for a J/ADU.

2) Determine whether the proposed J/ADU constitutes “development.” As defined by the Coastal Act, development refers to both “the placement or erection of any solid material or structure” on land as well as any “change[s] in the density or intensity of use of land[.]” (Pub. Res. Code § 30106.) Most J/ADUs constitute development if they include, for example, new construction of a detached ADU, new construction of an attached J/ADU, or conversion of an existing, uninhabitable, attached or detached space to a J/ADU (such as a garage, storage area, basement, or mechanical room). The construction of new structures constitutes the “placement or erection of solid material,” and the conversion of existing, uninhabitable space would generally constitute a “change in the density or intensity of use.” Therefore, these activities would generally constitute development in the coastal zone that requires a CDP or other authorization. (Pub. Res. Code § 30600.)

Unlike new construction, the conversion of an existing, legally established habitable space to a J/ADU within an existing residence, without removal or replacement of major structural components (e.g., roofs, exterior walls, foundations, etc.), and which does not change the intensity of use of the structure, may not constitute development within the definition in the Coastal Act. An example of a repurposed, habitable space that may not constitute new development (and thus does not require Coastal Act or LCP authorization) is the conversion of an existing bedroom within a primary structure.

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5 3) If the proposed J/ADU constitutes development, determine whether a CDP waiver or other type of expedited processing is appropriate.

If a local government’s LCP includes a waiver provision, and the proposed J/ADU meets the criteria for a CDP waiver, the local government may issue a CDP waiver for the proposed J/ADU. The Commission has generally allowed a CDP waiver for proposed J/ADUs if the Executive Director determines that the proposed development is de minimis (i.e., it is development that has no potential for any individual or cumulative adverse effect on coastal resources and is consistent with all Chapter 3 policies of the Coastal Act). Such a finding can typically be made when the proposed J/ADU project has been sited, designed, and limited in such a way as to ensure any potential impacts to coastal resources are avoided (such as through habitat and/or hazards setbacks, provision of adequate off-street parking to ensure that public access to the coast is not impacted, etc.). (See Pub. Res. Code § 30624.7.) Projects that qualify for a CDP waiver typically allow for a reduced evaluation framework and streamlined approval.

Most, if not all, LCPs with CDP waiver provisions do not allow for waivers in areas where local CDP decisions are appealable to the Coastal Commission. There have been a variety of reasons for this in the past, including that the Commission’s regulations require that local governments hold a public hearing for all applications for appealable development (14 Cal.

Code Regs § 13566), and also that development in such areas tends to raise more coastal resource concerns and that waivers may therefore not be appropriate. However, under the state’s J/ADU provisions, public hearings are not required for qualifying development.

Previously circulated Commission J/ADU memos (being superseded and replaced by this memo) indicated that construction or conversion of a J/ADU contained within or directly attached to an existing single-family residence (SFR) may qualify as development that was exempt from the requirement to obtain a CDP. Specifically, the Coastal Act and the Commission’s implementing regulations identify certain improvements to existing SFRs that are allowed to be exempted from CDP requirements (Pub. Res. Code § 30610(a); 14 Cal. Code Regs § 13250.) Although the Commission has previously certified some LCP amendments that permitted certain exemptions for such ADU development, in a recent action, the Commission reevaluated its position and found that “the creation of a self- contained living unit, in the form of an ADU, is not an ‘improvement’ to an existing SFR.

Rather, it is the creation of a new residence. This is true regardless of whether the new ADU is attached to the existing SFR or is in a detached structure on the same property.” 1 On this basis, and based on the finding that a variety of types of J/ADUs—including both attached and detached J/ADUs—could have coastal resource impacts that make exemptions inappropriate, it rejected the local government’s proposed exemptions for certain J/ADUs. Local governments considering updating LCP J/ADU provisions should consider the Commission’s recent stance regarding exemptions for ADUs and may work with Commission staff to determine the best way to proceed on this issue.

July 12, 2022
Item #14 Page 32 of 40

6 Because of this, the above-described public hearing issue would not be a concern, so it could be appropriate for LCPs to allow CDP waivers in both appealable and non-appealable areas at least related to this criterion. Local governments should consult with Commission staff should they consider proposing CDP waiver provisions in their LCP. Any LCP amendment applications that propose to allow waivers in appealable areas should ensure that there are appropriate procedures for notifying the public and the Commission regarding approvals of individual, appealable waivers (such as Final Local Action Notices) so that the proper appeal period can be set, and any appeals received are properly considered.

The Coastal Act also provides for other streamlined processing for certain types of development, including for minor development. (Pub. Res. Code § 30624.9.) In certain cases, categories of development can also be excluded from CDP requirements if certain criteria are met (see box). In any case, local governments without such CDP waiver and other processing and streamlining tools are encouraged to work with Commission staff to amend their LCP to include such measures.

Coastal Act section 30610(e) allows certain categories of development that are specified in Commission-approved Categorical Exclusion (Cat Ex) Orders to be excluded from CDP requirements, provided that the category of development has no potential for any significant adverse effect, either individually or cumulatively, on coastal resources. (See also 14 Cal. Code Regs §§ 13240 et seq.)

Cat Ex Orders apply to specific types of development within identified geographical locations. For example, the Commission may approve a Categorical Exclusion for J/ADUs that would normally require a CDP (i.e., it is defined as development) because that specific development type in that specific geographic area can be demonstrated to not result in individual and/or cumulative coastal resource impacts. Cat Ex Orders are prohibited from applying to: tide and submerged lands; beaches; lots immediately adjacent to the inland extent of any beach; lots immediately adjacent of the mean high tide line of the sea where there is no beach; and public trust lands.

Cat Ex Orders provide another potential means of streamlining J/ADU consideration, and interested local governments should consult with Commission staff if they intend to propose such an Order. Cat Ex Orders are processed separately from LCP amendments, require a 2/3 vote of the Commission to be approved, and are typically subject to conditions. Once approved, the local government is responsible for reviewing development that might be subject to the Cat Ex Order and is typically required to report any exclusions applied pursuant to the Order to the Commission for review by the Executive Director and for an appeal period before they can become effective. It is important to note that while Cat Ex Orders can be a powerful tool if approved, the Commission must be able to conclude that the specific category of development in a specific geographic area has no potential for any significant adverse coastal resources impacts in order to approve one. Thus, the local government pursuing a Cat Ex Order must provide supporting documentation and evidence that can conclusively show that to be the case.

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7 4) If a full CDP is required, review CDP application for consistency with certified LCP requirements.

If a proposed J/ADU constitutes development and cannot be processed as a waiver or similar expedited Coastal Act approval authorized in the certified LCP, it requires a CDP. The CDP must be consistent with the requirements of the certified LCP and, where applicable, the public access and recreation policies of the Coastal Act. The local government must then provide the required public notice for any CDP applications for J/ADUs and process the application pursuant to LCP requirements, but should process it within the time limits contained in the ADU law, if feasible. However, local governments are not required to hold a public hearing on CDPs for ADUs. (Gov. Code § 65852.2(l).) Once the local government has issued a decision, it must send the required final local action notice to the appropriate district office of the Commission. If the CDP is appealable, a local government action to approve a CDP for the ADU may be appealed to the Coastal Commission. (Pub. Res. Code § 30603.)
V. Key Considerations
Per Government Code Section 65852.2, subd. (l), known as the Coastal Act Savings Clause, the State’s new ADU requirements shall not be “construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976.” There are a number of key issues that local governments should account for in order to ensure their LCP J/ADU provisions are consistent with the requirements in the Coastal Act. This section addresses some of the key issues that the Commission has dealt with recently, including public coastal access parking requirements and protection of sensitive habitats and visual qualities. Local governments are encouraged to contact their local Coastal Commission district office for further assistance.

Protection of public recreational access in relation to parking requirements Government Code Section 65852.2 requirements regarding parking for J/ADUs are as follows:

a. One parking space is required per unit or per bedroom, whichever is less. The parking space can be a tandem space in an existing driveway.

b. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU, no replacement parking space(s) are required.

However, Section 65852.2 further stipulates that the parking requirements listed above do not apply to ADUs constructed:

a. Within ½ mile walking distance of public transportation stops/routes;

b. Within a historic district;

c. Within a primary residence or accessory structure;

d. When on-street parking permits are required but not offered to the occupant of the ADU;

July 12, 2022
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8 e. And where a car-share vehicle is located within one block of the ADU.

Thus, the Government Code limits the circumstances when a local government can require a J/ADU project to address its parking needs onsite. This is a departure from most local government parking requirements which often explicitly specify the number of off-street parking spaces that must be provided onsite in any particular development, including residential development. The potential outcome is that private residential J/ADU parking needs can be shifted onto adjacent public streets. At the same time, the Coastal Act contains objectives and policies designed to protect and provide for maximum coastal access opportunities, which includes maintaining sufficient public coastal parking, including as implemented through LCP off-street parking provisions. The addition of J/ADUs may interfere with coastal public street parking availability if, for example, a garage is converted to a J/ADU and parking is not replaced onsite, in addition to the J/ADU parking demand itself. The Commission has often found that when private residential parking needs are not accommodated onsite, it can lead to increased use of on-street parking to address such needs, thereby reducing the availability of on-street parking to the general public. This may adversely affect public coastal access if it occurs in high visitor-serving areas and/or areas with significant public recreational access opportunities, and where on-street parking is heavily used. The result will be that the general public could be displaced from on-street parking by J/ADU parking needs, which may violate the Coastal Act’s requirements to protect, provide, and maximize public coastal access and recreational opportunities. In many impacted coastal neighborhoods, development patterns over the years have not adequately accounted for off-street parking needs, and adding J/ADU parking to the mix will only exacerbate such public parking difficulties.

Additionally, because general on-street parking is typically free or lower cost compared to other public parking facilities, J/ADU construction may also interfere with maintaining lower cost coastal access for all.

In order to avoid conflicts regarding parking requirements for J/ADUs as they may impact public access, local governments are encouraged to work with Commission staff to identify or map specific neighborhoods and locations where there is high visitor demand for public on-street parking needed for coastal access and to specify parking requirements for each such area that harmonizes Government Code requirements with the Coastal Act (and any applicable LCP policies). These maps can denote areas that supply important coastal public parking and access opportunities, and require that J/ADU development in these areas ensure that private residential parking needs are accommodated off-street. Importantly, such upfront LCP mapping and provisions allow the local government to address impacts to public access and parking supply without the need for a protracted, or even necessarily a discretionary, decision. The Commission has previously found that local governments may include specific off-street parking requirements for J/ADUs constructed in these locations and may also require maintenance of all off-street parking for the primary residence (see examples below). However, harmonizing the distinct priorities between the Coastal Act’s protection of public coastal access and the J/ADU provisions on parking requirements will require a case-by-case consideration of the specific circumstances of each jurisdiction.

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9 Protection of sensitive habitats and visual qualities; avoidance of hazards While most J/ADU projects take place within established residential neighborhoods where potential coastal resource impacts are fairly limited, there can be cases where such projects may affect significant coastal resources, such as sensitive habitats and shorelines and beaches.

As a general rule, LCPs include many provisions protecting such resources, and it is important that proposed J/ADU provisions are not structured to undo any such LCP protections that already apply. J/ADUs may need to be reviewed for specific siting and design standards, particularly in visually sensitive areas (such as the immediate shoreline, between the first public road and the sea, near LCP-designated scenic areas, etc.). Similarly, where sensitive habitat may be present, J/ADUs must be reviewed for impacts to such habitat, including with respect to fuel modification for defensible space. Additionally, local governments should include provisions for J/ADUs constructed in areas vulnerable to sea level rise and other coastal hazards which ensure not only that these structures will meet all LCP requirements for new development to be safe from such hazards, but that also addresses the need for future sea level rise adaptations (including future accommodation or removal, risk disclosure conditions on the J/ADU, and any other risk-related issues dealt with in the LCP).

VI. Examples of Recently Updated ADU Provisions in Certified LCPs A number of local jurisdictions have recently updated their LCPs to include new J/ADU provisions. Coastal Commission staff reports are linked below, which summarize specific issues that arose between Coastal Act requirements and the new J/ADU provisions as well as the necessary changes that were made in order to harmonize each jurisdiction’s LCP with the State’s housing laws. The suggested modifications shown in the staff reports were all approved by the Coastal Commission.

City of Santa Cruz (approved May 2021).

This LCP amendment included clarifying language to
address which provisions of the new state housing laws applied to ADUs in the coastal zone of the City of Santa Cruz as well as ensuring that the coastal resource protection provisions of the City’s current LCP are maintained. The amendment also addressed specific off-street parking requirements for ADUs sited near significant coastal visitor destinations. The City of Santa Cruz adopted the Commission’s modifications in August 2021.

City of Pacifica (approved June 2021).

This LCP amendment revised the City’s Implementation
Plan to incorporate J/ADU provisions that are in line with the updated state housing laws, including streamlined procedures for J/ADU review and permitting processing, providing J/ADU development standards, and crafting tailored modifications to address specific public access parking needs in key visitor destination areas. The City of Pacifica adopted the Commission’s modifications in August 2021.

County of San Mateo (approved July 2021). This LCP amendment incorporated more specific ADU regulations relating to size limits, maximum number of J/ADUs permitted per lot, streamlined review and process of J/ADU permits, and parking availability in areas that are July 12, 2022
Item #14 Page 36 of 40
10 significant coastal visitor destinations. The County of San Mateo adopted the Commission’s modifications in September 2021.

C
ity of Encinitas (approved August 2021). The Coastal Commission approved revisions to the City of Encinitas’ Implementation Plan that updated existing definitions for ADUs and JADUs and clarified development standards for accessory units, including standards for size, height, and setbacks.

C
ity of Santa Barbara (approved December 2021). The Coastal Commission approved Commission staff’s revision of the City of Santa Barbara’s LCP amendment submittal addressing updated ADU provisions to be consistent with state housing laws. The amendment revised J/ADU terms and definitions, building standards, parking requirements, and permitting review and processing procedures. The staff report included modifications that address the CDP exemption issue (discussed above).

July 12, 2022
Item #14 Page 37 of 40
Community Development Department
1635 Faraday Avenue  Carlsbad, CA 92008  442-339-5088 t March 4, 2022
Donne Brownsey, Chair, and Commissioners
California Coastal Commission
455 Market Street, Suite 300
San Francisco, California 94105
SUBJECT: SUGGESTED MODIFICATIONS FOR CARLSBAD ACCESSORY DWELLING UNIT UPDATE (LCP-6-CAR-20-0077-2)
Dear Chair Brownsey and Members of the Commission,
The City of Carlsbad thanks the Coastal Commission for postponing the Carlsbad Accessory Dwelling Unit Update (LCP-6-CAR-20-0077-2) from the commission’s February meeting to the March meeting; the city appreciates the opportunity to resolve city concerns with the related suggested modifications. After successfully working with commission staff, the suggested modifications have been revised to address the majority of city concerns, and city staff support the revised modifications, except for the modifications to coastal development permit (CDP) exemptions (suggested modification #7).

The Carlsbad Local Coastal Program (LCP) Implementation Plan (Carlsbad Municipal Code Section

21.201.060.B) currently exempts attached accessory dwelling units (ADU) from a coastal development permit (CDP), except in the circumstances identified in Carlsbad Municipal Code Section 21.201.060.B., such as in environmentally sensitive areas or within Coastal Commission appeal areas. The city’s proposed Accessory Dwelling Unit Update (LCP-6-CAR-20-0077-2) does not change the types of improvements that are currently exempt from a CDP, other than to add reference to “junior accessory dwelling units (JADU).”
The suggested modifications to LCP-6-CAR-20-0077-2 would require a minor CDP for all ADUs and JADUs, unless they are entirely within an existing dwelling and do not expand existing habitable space. The city requests that the Coastal Commission retain the city’s existing CDP exemption for ADUs, and include JADUs, that are attached to or within an existing dwelling, for the following reasons:

1. The existing CDP exemption for improvements to an existing residential building, including ADUs that are attached to the primary residence or converted from existing space, does not apply in sensitive coastal resource areas, as listed below. With these exceptions to the CDP exemption, there is no significant need to require a CDP in order to ensure protection of coastal resources.

Exceptions to CDP exemption:
a. On a beach, wetland or seaward of the mean high tide line; Exhibit 7B
July 12, 2022
Item #14 Page 38 of 40
Suggested Modifications for Carlsbad ADU Update
March 4, 2022

Page 2 ends

b. Where the residence or proposed improvement would encroach in an environmentally sensitive habitat area or within fifty feet of the edge of a coastal bluff; c. Improvements that would result in an increase of ten percent or more of internal floor area of an existing structure or an additional improvement of ten percent or less where an improvement to the structure had previously been undertaken pursuant to PRC Section 30610(a), or an increase in height by more than ten percent of an existing structure and/or any significant nonattached structure such as garages, fences, shoreline protective works or docks, and such improvements are on property located:
i. Between the sea and the first public road paralleling the sea, ii. Within three hundred feet of the inland extent of any beach or of the mean high tide of the sea where there is no beach, whichever is the greater distance, or iii. In significant scenic resources areas as designated by the Commission; d. Significant alteration of landforms including removal or placement of vegetation on a beach, wetland, or sand dune, or within fifty feet of the edge of a coastal bluff; e. Expansion or construction of water wells or septic systems; f. Improvements to establish an accessory dwelling unit that is attached to the primary residence, or converted from the existing space of a primary residence or attached accessory structure where such primary residence or attached accessory structure is nonconforming with respect to habitat preserve buffers or geologic stability setbacks in the certified local coastal program.

2. Requiring a CDP for all attached ADUs, which are currently exempt from a CDP, is an unnecessary deterrent to the construction of ADUs. As described above, the protection of coastal resources is addressed by excluding certain areas from the CDP exemption.

3. The suggested modifications will require a CDP for any ADU or JADU that increases existing habitable space; however, a room addition or other expansion of habitable space would be exempt from a CDP, unless in the areas listed above. As an example, a 400 square foot ADU addition vs. a 400 square foot room addition results in the same habitable space, but one has a kitchen. A homeowner could construct a room addition to an existing dwelling, and after construction of the room addition the added space could be converted to an ADU without a CDP. This situation could be avoided by retaining the city’s existing CDP exemption for attached ADUs, which are currently subject to the same exemption provision as room additions or other improvements to an existing dwelling. The city’s proposal would provide the same protection to coastal resources, with the addition of encouraging the natural affordable housing that accessory dwellings provide.

4. The suggested modifications will result in an increase in the number of CDPs that the city must process in a compressed timeframe, as the 2020 changes to state law (Government Code Section 65852.2) requires all accessory dwelling units be processed within 60 days (120 days prior to 2020), if there is an existing dwelling on the property. City staff have difficulty meeting the 60-day processing requirement for the ADUs that require a minor CDP today. Increasing the number of CDPs for ADUs and JADUs will be an added burden to the city’s already heavy workload.

July 12, 2022
Item #14 Page 39 of 40
Suggested Modifications for Carlsbad ADU Update
March 4, 2022

Page 3 ends

City staff support the suggested modifications to LCP-6-CAR-20-0077-2, except for the modifications to CDP exemptions. Therefore, the city respectfully requests, for the reasons described above, that the Coastal Commission support the city’s LCPA to Carlsbad Municipal Code Section 21.201.060, as submitted, which retains the existing CDP exemption for attached ADUs and adds JADUs to the exemption.

Sincerely,
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
Diana Lilly, California Coastal Commission, District Manager Erin Prahler, California Coastal Commission, District Supervisor Carrie Boyle, California Coastal Commission, Coastal Program Analyst July 12, 2022
Item #14 Page 40 of 40

AFFIDAVIT OF MAILING

NOTICE OF PUBLIC HEARING
TO: CITY CLERK
DATE OF PUBLIC HEARING:

SUBJECT: WC:a.MlfM~ Q,\.oOG.(! /k :i Qf't\rud/, :Jo;o
LOCATION: [ili200 Carlsbad Village Drive, Carlsbad, CA 92008 D Other: ------ ------------
DATE POSTED TO CITY WEBSITE f..t)/ !::>W;}o:E:J
DATE NOTICES MAILED TO PROPERTY OWNERS: {,p { '60/~
NUMBER MAILED: lf Le
I declare under penalty of perjury under the laws of the State of California that I am emp loyed by the City of Carlsbad and the foregoing is true and correct.

DEPARTMENT: 6c1TY CLERK'S OFFICE □ OTHER _______ _
j_ Y}rv-: . - td,2--d<2oa.-;.,
Signature Date
SENT TO FOR PUBLICATION VIA E-MAIL TO: □ Union Tribune on ___ _ Bcoast News on W';Jg/:Jc.:;)a.

PUBLICATION DATE: Union Tribune --------------
Coast News ___ J.4-,L.../ =1/~""'=r'--"';lc).. ............. .-..-____ _ 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: ~ CLERK'S OFFICE □ OTHER _______ _
Signatu re 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, July 12, 2022, to consider approving city's accessory dwelling unit regulations (MCA 2020-0001/ZCA 2020-0002/AMEND 2020-0005/LCPA 2020-0006), and more parti cularly described as:

Introduction of an ordinance acknowledging receipt of the California Coastal Commission's certification of Local Coastal Program Amendment (LCPA 2020-0006} including suggested modifications to the Zoning Ordinance and Local Coastal Program.

Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. The staff report will be available on or before Fri., July 8, 2022. If you have any question s, please contact Eric Lardy in the Planning Division at (442) 339-2712 or [email protected] . 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 [email protected] .

If you challenge the amendments to the Zoning Ordinance and 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: MCA 2020-0001/ZCA 2020-0002/AMEND 2020-0005/LCPA 2020-0006 CASE NAME: Accessory Dwelling Unit Amendments 2020
PUBLISH: July 1, 2022

CITY OF CARLSBAD

CITY COUNCIL
' I
AVERY 5160 :

AXELSON &CORN ATTORNEYS ATLAW
SUITE 201
160 CHESTERFIELD DRIVE
ENCINITAS CA 92007

CA COASTAL COMMISSION
7575 METROPOLITAN DRIVE
STE. 103
SAN DIEGO, CA 92108

CHANNEL ISLANDS NATL PARK

SUPERINTENDENT'S OFFICE
1901SPINNAKER DRIVE
VENTURA CA 93001

COUNTY OF SD SUPERVISOR
ROOM 335
1600 PACIFIC
SAN DIEGO CA 92101

DEPT OF HOUSING & URBAN DEV REGION
IX

ENVIRONMENTAL OFFICER
300 North Los Ange les Street Suite 4054
LOS ANGELES CA 90012

WATER RESOURCES CONTROL BOARD
PO BOX 100
SACRAMENTO CA 95801

EDWIN ROMERO,CHAIRPERSON
1095 BARONA ROAD
LAKESIDE CA 92040

SD COUNTY PLANNING &LAND USEDEPT
SUITE 310
5510 OVERLAND AVENUE
SAN DIEGO CA 92123- 1239

USARMYCORPS OF ENGINEER
SUITE 1101
915 WILSHIRE BOULEVARD
LOS ANGELES CA 90017
U.S. BUREAU OF RECLAMATION

SOUTHERN CALIFORNIA AREA OFFICE (SCAO)

SUITE A
27226VIA INDUSTRIA
TEMECULA CA 92590
I
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BUREAU OF INDIAN AFFAIRS
2800 COTTAGE WAY
SACRAMENTO CA 95825

CA DEPT OF FISH & WILDLIFE

ATTN CHRISTINE BECK
3883 RUFFIN ROAD
SAN DIEGO CA92123

CITY OF ENCINITAS
505 S VULCAN AVENUE
ENCINITAS CA 92024

DEPT OF FOOD & AGRICULTURE

AGRICULTURAL RESOURCES
ROOM 100
1220 N STREET
SACRAMENTO CA 95814

DEPT OF JUSTICE

DEPT OF ATTY GEN
SUITE 1800
600 WEST BROADWAY
SAN DIEGO CA 92101

MARINE RESOURCES REG DR & G ENV

SERVICES SPR

SUITE J
4665 LAMPSON AVENUE
LOS ALAMITOS CA 90720-5139

SAN FRANCISCO BAY CONSERV & DEV
COM
375 BEALE STREET SUITE 510
SAN FRANCISCO CA 94105 -2177
SDGE
8315 CENTURY PARK COURT
SAN DIEGO CA 92123

USARMYCORPS OFENGINEERS

REGULATORY DIVISION
SUITE 100
5900 LA PLACE COURT
CARLSBAD CA 92008

US FISH & WILDLIFE SERVICES
2800 COTTAGE WAY
SUITE W-2605
SACRAMENTO CA 95825
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BUSINESS, TRANS& HSGAGENCY
UNIT#3508
915 CAPITOL MALL
SACRAMENTO CA 95814-4801
CA DEPT OF TRANSPORTATION DISTRICT 11

DIVISION OF PLANNING/DEVELOPMENT REVIEW
4050 TAYLOR STREET, MS-240 SAN
DIEGO CA 92110

COASTAL CONSERVANCY
1515 CLAY STREET, 10TH FLOOR
OAKLAND, CA 94612

DEPT OF FORESTRY ENV COO RD
PO BOX 944246
SACRAMENTO CA 94244-2460

FAA WESTERN-PACIFIC REGION
777 S. AVIATION BLVD., SUITE 150
EL SUGUNDO, CA 90245

OFF OF PLANNING & RESEARCH

OFF OF LOCAL GOV AFFAIRS
1400 10TH STREET
SACRAMENTO CA 95814-5502

SANDAG EXECUTIVE DIRECTOR
SUITE 800
1ST INTERNATIONAL PLAZA
401 B STREET
SAN DIEGO CA 92101

US BUREAU OF LAND MGMT

SUITE ROOM W
2800 COTTAGE WAY
SACRAMENTO CA 95825

USDA RURAL DEVELOPMENT
DEPT 4169
430 G STREET
DAVIS CA 95606

USARMYCORPSOFENGINEERS
STE 100
5900 LA PLACE CT
CARLSBAD CA 92008
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AVERY 5160 :

NORTH COUNTY TRANSIT DISTRICT
801 MISSION AVE
OCEANSIDE CA 92054

CARLSBAD WATER DISTRICT
5950 EL CAMINO REAL
CARLSBAD CA 92008

REGIONAL WATER QUALITY CONTROL

BOARD - SAN DIEGO REGION
STE 100
9174 SKY PARK CT
SAN DIEGO CA 92123-4340

SAN DIEGO COUNTY WATER AUTHORITY
4677 OVERLAND
SAN DIEGO CA 92123

SAN DIEGO AIR POLLUTION CONTROL

DISTRICT
10124 OLD GROVE RD
SAN DIEGO CA 92131

VALLECITOS WATER DISTRICT
201 VALLECITOS DE ORO
SAN MARCOS CA 92069
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OLIVENHAIN MUNICIPAL WATER DISTRICT
1966 OLIVENHAIN RD
ENCINITAS CA 92024

CARLSBADUNIFIEDSCHOOLDISTRICT
6225 EL CAMINO REAL
CARLSBAD CA 92011

PLANNING DIRECTOR

CITY OF SAN MARCOS
l CIVIC CENTER DR
SAN MARCOS CA 92069

SAN MARCOS SCHOOL DISTRICT
STE 250
255 PICO AV
SAN MARCOS CA 92069

CITY PLANNER

CITY OF OCEANSIDE
300 NORTH COAST HWY
OCEANSIDE CA 92054
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LEUCADIA WATER DISTRICT
1960 LA COSTA AV
CARLSBAD CA 92009

US FISH & WILDLIFE
STE 250
2177 SALK AV
CARLSBAD CA 92008

PLANNING DIRECTOR

CITY OF VISTA
600 EUCALYPTUS
VISTA CA 92084

SAN DIEGUITO UNION HIGH

SCHOOL DISTRICT
710 ENCINITAS BLVD
ENCINITAS CA 92024

ENCINITAS UNIFIED SCHOOL DISTRICT
101RANCHOSANTAFERD
ENCINITAS CA 92024
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PROPOSED ACTION
Introduce an ordinance acknowledging receipt
of and approving the California Coastal
Commission’s suggested modifications to the
city’s Accessory Dwelling Unit Ordinance.

ITEM 14: ACCESSORY DWELLING MODIFICATIONS
{ City of
Carlsbad

BACKGROUND
• Sept. 2020 City Council approved update to
Accessory Dwelling Unit Ordinance
• Accessory dwelling unit law
o City required to permit them
o Specifies limits on regulations
ITEM 14: ACCESSORY DWELLING MODIFICATIONS
{ City of
Carlsbad

COASTAL COMMISSION
• Nov. 2020 submittal to Coastal Commission
• Staff identified modifications to be
consistent with Coastal Act
ITEM 14: ACCESSORY DWELLING MODIFICATIONS
{ City of
Carlsbad

SUGGESTED MODIFICATIONS
• Replacement Parking
• Replace parking when ADU eliminates
required off-street parking
• Areas where parking for coastal public
access could be impacted most
ITEM 14: ACCESSORY DWELLING MODIFICATIONS
0 D Parking Replacement Areas
-- Railroad
D Parcels

0.5 ••c:::==-•••• Miles A
DocumontF\:t.!l:V.s;h-1.0lS II u~rch201!11.Co!r.Eco11Di;,,'$11An1 { City of
Carlsbad

SUGGESTED MODIFICATIONS
• Clarify effective date of state law
• Delete references to city code sections
• Protect coastal resources, public access
• Remove reference to state law prevailing
over city code
ITEM 14: ACCESSORY DWELLING MODIFICATIONS
{ City of
Carlsbad

COASTAL COMMISSION
• March 2022 Coastal Commission approval
• Suggested modifications
• City acceptance required before effective
ITEM 14: ACCESSORY DWELLING MODIFICATIONS
{ City of
Carlsbad

STAFF RECOMMENDATION
Introduce an ordinance acknowledging receipt
of and approving the California Coastal
Commission’s suggested modifications to the
city’s Accessory Dwelling Unit Ordinance.

ITEM 14: ACCESSORY DWELLING MODIFICATIONS
{ City of
Carlsbad

Carlsbad City CouncilJuly 12, 2022

Carlsbad City Council
July 12, 2022