2018-01 Title 30 Accessory Dwelling Units ORDINANCE 2018-01
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ENCINITAS,
CALIFORNIA, ADOPTING AMENDMENTS TO TITLE 30 (ZONING) OF THE
ENCINITAS MUNICIPAL CODE TO ADDRESS CHANGES IN STATE LAW
REGARDING ACCESSORY DWELLING UNITS
CASE NUMBER: 16-285 ZA/LCPA
SECTION ONE. The City Council of the City of Encinitas hereby finds and declares as follows:
WHEREAS, the City Council of the City of Encinitas seeks to implement Senate Bill
1069 (SB 1069) and Assembly Bill 2299 (AB 2299) through the implementation of regulations
concerning accessory dwelling units in residential zones;
WHEREAS, accessory dwelling units are commonly referred to as "second unit," and are
additional living quarters on single-family lots that are independent of the primary dwelling unit.
They are also known as accessory apartments, accessory dwellings, mother-in-law units, or
granny flats. They may be either attached or detached to the primary dwelling unit, and they
typically provide complete independent living facilities, including facilities for living, sleeping,
eating, cooking, and sanitation;
WHEREAS, state lawmakers are increasingly concerned about the unaffordability of
housing in the State of California;
WHEREAS, the State Legislature adopted SB 1069 and AB 2299 in order to eliminate
barriers to accessory dwelling unit construction that the Legislature has determined is a
common-sense, cost effective approach to accommodate future growth and to encourage infill
development in developed neighborhoods;
WHEREAS, Section 65582.1 of the California Government Code provides that
accessory dwelling units are one of the reforms and incentives adopted to facilitate and expedite
the construction of affordable housing;
WHEREAS, Section 65852.150(a) of the California Government Code provides that
accessory dwelling units are a valuable form of housing; that they may provide housing for
family members, students, the elderly, in-home healthcare providers, the disabled, and others at
below market prices within existing neighborhoods; that they may add income and an increased
sense of security to homeowners; that they will provide additional rental housing stock; that they
offer lower cost housing to meet the needs of existing and future residents within existing
neighborhoods, while respecting architectural character; and that they are an essential
component of California's housing supply;
WHEREAS, Section 65852.2(a)(4) of the California Government Code provides that any
local ordinance that is inconsistent with Section 65852.2 shall be null and void and state law
shall apply unless or until the local agency adopts an ordinance consistent with this new law;
WHEREAS, Section 65852.150(b) of the California Government Code provides that the
Legislature's intent with the adoption of SB 1069 was that local agencies adopt an ordinance
relating to matters including unit size, parking, fees, and other requirements, that are not so
arbitrary, excessive, or burdensome so as to unreasonably restrict the ability of homeowners to
create accessory dwelling units in zones in which they are authorized by local ordinance;
WHEREAS, the City finds that the proposed amendments to the City's Municipal Code
are exempt from environmental review pursuant to General Rule, Section 15061(b)(3) of the
California Environmental Quality Act (CEQA) Guidelines since there would be no possibility of a
significant effect on the environment;
WHEREAS, a Public Notice of Availability of proposed Local Coastal Plan Amendments
(LCPA) was issued which opened a six-week public review period that ran from December 8,
2017 to January 19, 2018;
WHEREAS, the Planning Commission conducted Public Hearings on December 21,
2017 and January 18, 2018 for the purpose of considering amendments to Title 30 (Zoning) of
the Encinitas Municipal Code and considered public testimony and made a recommendation to
the City Council to adopt the proposed amendments;
WHEREAS, the City Council conducted Public Hearings on February 14, 2018, and
March 14, 2018, for the purpose of considering amendments to Title 30 (Zoning) of the
Encinitas Municipal Code; and,
WHEREAS, the City Council has duly considered all evidence, including testimony and
the evaluation and recommendations by staff, presented at said hearing;
WHEREAS, notices of said public hearings were made at the time and in the manner
required by law; and
WHEREAS, the City Council finds that this Ordinance is intended to be carried out in a
manner in full conformance with the California Coastal Act of 1976 and the Development
Services Director is hereby authorized to submit this Ordinance as part of the Local Coastal
Program Amendment to the California Coastal Commission for their review and adoption.
NOW, THEREFORE, the City Council of the City of Encinitas, California, hereby ordains
as follows:
SECTION TWO. Title 30 (Zoning) of the Encinitas Municipal Code (EMC) shall be amended as
follows.
Delete existing definition for"Accessory Unit" in EMC Chapter 30.04 (Definitions):
feet OF 0 of the area of the PFORGipal FesidenGe, whiGhever is less. AR aGceSSOFY unit of 400
,ore feet us permitted regardless of the living area of the nrinripal FesidenGe.
Add new definition for"Accessory Dwelling Unit" in EMC Chapter 30.04 (Definitions):
ACCESSORY DWELLING UNIT shall mean an attached or a detached residential dwelling unit
on the same lot as an existing dwelling unit zoned for single-family or multifamily use that
provides complete independent living facilities for one or more persons, including permanent
provisions for living, sleeping eating cooking and sanitation on the same parcel as the single-
family dwelling is situated. An ADU can be an efficiency unit as defined in Section 17958.1 of
Health and Safety Code, or a manufactured home, as defined in Section 18007 of the Health
and Safety Code.
Delete existing EMC Section 30.48.040T:
T. AGc-eG6 OFY Units. The City finds that theFe are maRy benefits aSGGGiated with the Greati
of aE;eesseFy residential units on existing single family lots h' h I d
subsidy while Fnaintaininn the oeneFal eharac-ter of a S' rile family ne'rvhhorheed
��__._, --...._ ..._...__.... .� _.. �......._... ....�.,_.,.... ... .,, .,..:yam family ,. ,�,,.,.,,,.....,,..
• Provide a GGst e#fecte means of seFViRg development t"augh th�heuse of ex;stin
i nfFastFuc-t.ire
1 ovfding a FneaR feFhon m e owners of new or eviiSti'rn hnme_s to mreet 'Gan payFnenrts
:
Drevidinn seourit y for denier he meowneFS
1. OR pamels zoned for resideRtial single family dwellings as a perMitted use, one attaGhed
eF detaGhed aGGessery unit may be GORStFUGted. AttaE;hed and detached units shall be peFmitted
by Fight.
s and maintain the GhaFaGteF as a s;Rgle family dwelling as
design, building FnateFials, and extelrmler cGlOFS shall be
nomnotihle with the principal residence
3. Maximum living aFea ef an aGGesser-y unit shall not eXGeed 750 square feet or 0 of
the living area of the PFinGipal i whiGheveF iS less. An aE;GessOFY Unit Of 400 sqUare feet
is permitted regardless of the liViRg area of the prinr•ipal resideme
4. AGE;essOFY units shall be PFGvided with full kitGhen faGilities, shall meet FnamR building
e
resodentlol zones
5. One off street paFkiR9 spaGe shall be provided foF the seGGRd 6IRit iR addition to any off-
StFeet parking reqUiFemeRtG for the PFORGipal unit. The PFimary unit may utilize ta
v Properties GUFrently sewed by a GePtiG systern shall he required to Genncrt the
seweF system PFE)Vided a seweF IffiRe exists in the StFeet OF alley immediately adjaGent te the
7. AGGessE)Fy URitS shall be used as a dwelling unit only, and Re businesses other thaR
herne 66GLIpations shall be GGnd Gted from or in the second unit.
8. AGGesseFy units shall be peFmitted GR a lot oF paFGel having a guest hGuse OF amessery
inn nnj building Gede—requiFements aFe met); heweyeF_ynl�,one detaGhrcdGC�y�
StF C-t pro for residential oeG m�+nnv iS permitted � J
9. F2FiGF tO issuaRee of a building permit fOF an ac;GesseFy unit, a GeveRant shall be FeE;eFded
between the Emner and the City Of ERGinitas agFeeiRg te the temns stipulated in this Ghapter.
a'a,wVaw,V ,V, ,VV14VlIif
Add new EMC Section 30.48.040T:
T. Accessory Dwellinq Units, Attached and Detached
1. One attached or one detached accessory dwelling unit may be permitted in conjunction with
an existing single-family residence or the construction of a new single-family residence on a
lot zoned for single-family or multifamily use.
2. An accessory dwelling unit may be permitted on a lot where a junior accessory dwelling unit
exists.
3. An accessory dwelling unit shall be incidental, appropriate, and clearly subordinate to the
rp imary single-family residence.
4. Attached and detached accessory units must maintain the general character of a single-
family residential neighborhood, and maintain the character as a single-family dwelling as
determined by the Development Services Director. Architectural design, building materials.
and exterior colors shall be compatible with the principal residence.
5. An accessory dwelling unit shall not be sold separately from the primary residence.
6. An accessory unit may be rented, but only with a rental agreement with terms greater than
30 days.
7. Except as provided herein, attached and detached accessory dwelling units shall comply
with all local building and fire code requirements, as appropriate.
8. Prior to approval of an accessory dwelling unit on properties with a private sewage system,
approval by the County of San Diego Department of Environmental Health, or any
successor agency, shall be required.
9. Accessory dwelling units shall not be required to provide fire sprinklers if they are not
required for the primary residence.
10. Any accessory dwelling unit that is permitted or constructed in reliance on the setback relief
provisions established for accessory dwelling units in Subsection 30.48.040T13 shall be:
a. Maintained as an accessory dwelling unit and shall not be converted to or used for
any other purpose.
b. Shall be limited to a height of one-story for (1) any portion of an attached ADU
relying on the setback reliefs, or (2) an entire detached ADU structure if any portion
of the structure relies on the setback reliefs.
11.An attached accessory dwelling unit shall have a separate exterior entry with no interior
access to the primary dwelling unit.
12. Maximum living area of an attached or detached accessory unit shall not exceed 1,200
square feet or the total living area of the primary dwelling unit whichever is less.
13. Setbacks for accessory units:
a. Except as provided herein, attached and detached accessory dwelling units shall
comply with the setbacks required for the primary dwelling unit as established by the
underlying zoning designation.
b. Attached or detached accessory dwelling units shall have a setback of not less than
five feet from side and rear property lines, except:
i. An accessory dwelling unit that is constructed above (may be cantilevered, or
supported by posts, but not solid walls) an existing attached or detached
garage, which existed prior to January 1, 2017, shall have a setback of five
feet from the side and rear property lines.
ii. No setback shall be required for the conversion of existing space, as of
January 1, 2017, wholly within an existing primary residence or an existing
accessory structure to an accessory dwelling unit.
iii. Roof eaves and other architectural projections for accessory dwelling units
shall comply with Section 30.16.010E8.
14. An additional five percent (5%) of lot coverage and ten percent (0.1) of floor area ratio above
that established for the underlying zoning designation shall be allowed for accessory
dwelling units only for lots of 10,000 square feet or less and where there is an existing
single-family residence.
15. Parkin
a. Except as otherwise provided herein, parking spaces for accessory dwelling units
shall comply with Chapter 30.54 (Off-street Parking) of the Municipal Code, including
but not limited to the design requirements of the Off-street Parking Design Manual.
b. One parking space shall be required for an accessory dwelling unit, which may be
provided as tandem parking on an existing driveway or within setback areas,
provided that the parking area is properly surfaced in accordance with applicable
regulations.
c. Any required parking spaces removed in conjunction with the construction of an
accessory dwelling unit shall be replaced on the same lot as the accessory dwelling
unit.
i. The replacement parking spaces may be located in any configuration on the
lot, including, but not limited to, as covered spaces, uncovered spaces, or
tandem spaces, or by the use of mechanical automobile parking lifts.
ii. Uncovered replacement parking spaces may be located within setback areas.
iii. Structures for covered parking spaces shall be required to comply with
applicable setbacks.
d. Notwithstanding the above or any other law, no parking standards shall be imposed
for an accessory dwelling unit in any of the following instances:
i. The accessory dwelling unit is located within a radius of one-half mile of
public transit.
ii. The accessory dwelling unit is located within an architecturally and historically
significant historic district.
iii. The accessory dwelling unit is contained wholly within the existing space of
an existing primary residence or an existing accessory structure, with no
additional area added. If an accessory dwelling unit constructed under this
provision is expanded, parking shall be provided for the accessory dwelling
unit in accordance with this Section.
iv. When on-street parking permits are required but not offered to the occupant
of the accessory dwelling unit.
v. When there is a car share facility located within one block of the accessory
dwelling unit.
16. Utilities
a. Accessory dwelling units shall not be considered new residential uses for the
purposes of calculating connection fees or capacity charges for utilities, including
water and sewer service.
b. For an accessory dwelling unit that is contained within the existing space of a single-
family residence or accessory structure, has independent exterior access from the
existing residence and the side and rear setbacks are sufficient for fire safety, no
new or separate utility connection directly between the accessory dwelling unit and
the utility shall be required and no related connection fee or capacity charge shall be
imposed. For accessory units that do not meet these criteria, new or separate utility
connections may be required and related connection fees or capacity charges may
be imposed.
c. Accessory dwelling units shall be exempt from the requirements of undergrounding
overhead utilities and public right-of-way dedication and improvements
17. Applications for accessory dwelling units conforming to the requirements of this section shall
be considered ministerially without discretionary review or a hearing and the City shall
approve or deny such applications within 120 calendar days after receiving the completed
application.
18. Development Service Department fees for accessory dwelling units may be waived.
19. Prior to issuance of a building permit for an accessory dwelling unit a covenant shall be
recorded between the owner and the City of Encinitas agreeing to the terms stipulated in
this chapter. The covenant shall specifically mention that:
a. The accessory dwelling unit shall not be sold separately from the primary dwelling
unit.
b. The accessory unit may be rented, but only with rental agreements with terms
greater than 30 days.
c. The accessory unit is limited to the size and attributes set forth by this Section.
d. The covenant shall be binding upon any successors in interest or ownership of the
property and lack of compliance with the provisions thereof may result in legal action
against the property owner, including revocation of the right to maintain an accessory
dwelling unit on the property.
20. For the purposes of this section, the following definitions apply,
a. "Accessory dwelling unit" shall be as defined in Chapter 30.04 of this Title.
b. "Car share facility" shall mean a city permitted designated area where a car share
vehicle can be parked for extended periods of time.
c. "Existing space" shall mean area within the existing exterior walls and existing
roofline of an existing structure that can be made safely habitable under applicable
building and fire codes at the determination of the building official, notwithstanding
any noncompliance with zoning regulations that was in existence on the date this
ordinance became effective.
d. "Living area" shall mean the interior habitable area of a dwelling unit including
basements and attics but does not include a garage or any accessory structure.
e. "Major Public Transit Center" shall mean a multimodal transportation hub.
f. "Public transit" shall mean any major public transit center, or any bus stop.
SECTION THREE:
Severability. If any section, subsection, sentence, clause, phrase or word of this Ordinance is
for any reason held to be invalid by a court of competent jurisdiction, such decision shall not
affect the validity of the remaining portions of this Ordinance. The City Council hereby declares
that it would have passed and adopted this Ordinance, and each and all provisions hereof,
irrespective of the fact that one or more provisions may be declared invalid.
SECTION FOUR:
Public Notice and Effective Date. The City Clerk is directed to prepare and have published a
summary of the ordinance no less than five days prior to consideration of its adoption, and again
within 15 days following adoption, indicating the votes cast. This Ordinance will become
effective following certification by the California Coastal Commission as being consistent with
the Local Coastal Program for the City of Encinitas and California Coastal Act.
SECTION FIVE:
This Ordinance was introduced on February 14, 2018.
PASSED AND ADOPTED this 14th day of March, 2018 by the following vote to wit:
AYES: Blakespear, Boerner Horvath, Kranz, Mosca, Muir
NAYS: None
ABSTAIN: None
ABSENT: None
Catherine Blakespear, Mayor
City of Encinitas
ATTESTATION AND CERTIFICATION:
I hereby certify that this is a true and correct copy of Ordinance No. 2018-01 which has been
published pursuant to law.
o J
Kathy Hol wood, City Clerk