Carlsbad City Council
July 12, 2022

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

Recommended 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-adopted 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 Delete 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 Item #14 Page 3 of 40

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. The 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 Analysis
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 Evaluation
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.

July 12, 2022 Item #14 Page 4 of 40

Exhibits

1.City Council ordinance

2.City Council Ordinance No. CS-384

3.City Council staff report dated Sept. 1, 2020

4.Coastal Commission staff report 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
July 12, 2022 Item #14 Page 5 of 40

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 Coastal 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 Commission'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 dwelling units” or “junior accessory dwelling units” as defined in Sections 21.04.121 and 21.04.122. Accessory dwelling units and junior accessory dwelling units that comply with the requirements of Section 21.10.030 and California Government Code Sections 65852.2 (effective Jan. 1, 2020) 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, 2020).

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, 2020) 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, 2020) 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, 2020) 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, 2020) 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, 2020) 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.

July 12, 2022 Item #14 Page 8 of 40

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

2. When not in conflict with California Government Code Sections 65852.2 (effective Jan. 1, 2020) 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, 2020) 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.

July 12, 2022 Item #14 Page 9 of 40

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, 2020). 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.

July 12, 2022 Item #14 Page 10 of 40

b. The obligations and restrictions imposed on the approval of the ADU(s) per California Government Code Section 65852.2 (effective Jan. 1, 2020) 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) 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 Item #14 Page 11 of 40

EFFECTIVE DATE: 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 City Council on the _____ day of ________, 2022, and thereafter
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the _____ day of _____, 2021, 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)

July 12, 2022 Item #14 Page 12 of 40

Exhibit 2

City Council Ordinance No. CS-384
(on file in the Office of the City Clerk)

July 12, 2022 Item #14 Page 13 of 40

Exhibit 3

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

July 12, 2022 Item #14 Page 14 of 40

Exhibit 4

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

July 12, 2022 Item #14 Page 15 of 40

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 Item #14 Page 16 of 40

March 23, 2022

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 Item #14 Page 17 of 40

March 23, 2022

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.

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.

[. . .]
July 12, 2022 Item #14 Page 18 of 40

March 23, 2022

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.

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March 23, 2022

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:

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 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 July 12, 2022 Item #14 Page 20 of 40

March 23, 2022

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 Item #14 Page 21 of 40

Exhibit 6
July 12, 2022 Item #14 Page 22 of 40

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: Planning 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.

The 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.

The 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.

July 12, 2022 Item #14 Page 31 of 40

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.

July 12, 2022 Item #14 Page 33 of 40

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 Item #14 Page 34 of 40

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.

July 12, 2022 Item #14 Page 35 of 40

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.

City 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.

City 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

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

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 employed 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 _______ _
Signature Date
Attachments: 1) Mailing Labels
2) Notice w/ attachments

NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN to you, because your interest may be affected, that the City Council of the City of Carlsbad will hold a public hearing at the Council Chamber, 1200 Carlsbad Village Drive, Carlsbad, California, at 5 p.m. on Tuesday, 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 particularly 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 questions, 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
ENCIN ITAS 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 Angeles 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
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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

USARMYCORPSOFENGINEERS

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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• I 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