2020-10 Update to Accessory Dwelling Units ORDINANCE 2020-10
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
AND JUNIOR ACCESSORY DWELLING UNITS
CASE NUMBER: PLCY-003712-2020 ZA/LCPA
The City Council of the City of Encinitas hereby finds and declares as follows:
WHEREAS, on January 1, 2020, changes to California Government Code Sections
65852.2 (Accessory Dwelling Units) and 65852.22 (Junior Accessory Dwelling Units) went into
effect;
WHEREAS, Government Code Sections 65852.2 and 65852.22 require the City of
Encinitas to adopt zoning regulations in compliance with state law provisions regarding accessory
dwelling units and junior accessory dwelling units;
WHEREAS, in order to encourage the construction of additional dwelling units to provide
more housing for California residents, the State of California has enacted legislation to encourage
the construction of accessory dwelling units and junior accessory dwelling units, as further defined
in this ordinance;
WHEREAS, state lawmakers are increasingly concerned about the unaffordability of
housing in the State of California;
WHEREAS, accessory dwelling units are commonly referred to as"second units," and are
additional living quarters on lots that allow single-family and multifamily residential uses 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, 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(a) shall be null and void and Section
65852.2(a) shall apply unless or until the local agency adopts an ordinance consistent with that
provision;
WHEREAS, the 2013-2021 Housing Element approved by the City Council on March 13,
2019 contains Housing Element Program 1C, which provides that the City promote the
development of accessory housing units and continue to administer the accessory dwelling unit
ordinance;
WHEREAS, the City finds this Ordinance is statutorily exempt from the requirements of
the California Environmental Quality Act (CEQA) pursuant to Section 21080.17 of the Public
Resources Code, which provides that CEQA does not apply to the adoption of an ordinance to
implement the provisions of Section 65852.2 of the Government Code regarding accessory
dwelling units. The proposed amendments regarding junior accessory dwelling units are also
exempt from environmental review pursuant to General Rule, Section 15061(b)(3) of the
California Environmental Quality Act (CEQA) Guidelines since it can be seen with certainty that
there is no possibility that the Ordinance may have a significant effect on the environment.
Regardless of whether the City adopts this Ordinance, accessory dwelling units and junior
accessory dwelling units must be allowed in the City in accordance with the standards set forth in
state law. Therefore, it can be seen with certainty that the project will not cause any significant
impacts;
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 May 1, 2020 and
concluded on June 12, 2020;
WHEREAS, the proposed Local Coastal Program Amendment meets the requirements
of, and is in conformity with, the policies of Chapter 3 of the Coastal Act and does not conflict with
any coastal zone regulations or policies with which future development must comply;
WHEREAS,the Planning Commission conducted Public Hearings on May 21, 2020, June
4, 2020, June 18, 2020, and August 2020 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 Planning Commission adopted Planning Commission Resolution No. PC-
2020-16, on file with the Office of the City Clerk and incorporated by this reference, recommending
approval of said Ordinance;
WHEREAS, the City Council conducted Public Hearings on October 21, 2020 and
November 18, 2020 for the purpose of considering amendments to Title 30 (Zoning) of the
Encinitas Municipal Code; and,
WHEREAS,the City Council has duly considered the totality of the record and all evidence
submitted into the record, including public 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;
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; and
WHEREAS, based on the totality of the record and evidence described and referenced in
this Ordinance, the City Council finds that the proposed text amendments are consistent with the
purposes of the General Plan, Municipal Code, and adopted Local Coastal Program.
NOW, THEREFORE, the City Council of the City of Encinitas, California, hereby ordains
as follows:
SECTION ONE: CHAPTER 30.04 (DEFINITIONS) OF TITLE 30, ZONING
Chapter 30.04 (Definitions) of Title 30 of the Encinitas Municipal Code is hereby amended
as follows(stfikeeut is used to denote existing text being deleted; underline is used to denote new
text being added):
ACCESSORY DWELLING UNIT shall mean an attached or a detached residential dwelling
unit on the same lot as an existing or proposed dwelling unit primary residence zoned feF to
allow single-family or multifamily residential 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 primary residential structure(s) aresingle
family-dwelling is or will be 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.
JUNIOR ACCESSORY DWELLING UNIT shall mean a residential dwelling unit that is no
more than 500 square feet in area, contained entirely within an-existing—single-family
residence, and with separate sanitation facilities from, or shared sanitation facilities with, the
existing residence.
SECTION TWO: SECTION 30.16.010 (DEVELOPMENT STANDARDS) OF TITLE 30, ZONING
Subsection 30.16.010(F) (Accessory Structures) of Section 30.16.010 (Development
Standards) of Title 30 of the Encinitas Municipal Code is hereby amended as follows (underline
is used to denote new text being added):
F. Accessory Structures. In all residential zones except for the R-30 Overlay zone, and
except for accessory dwelling units and junior accessory dwelling units conforming to
Sections 30.48.040(T) and 30.48.040(U), the following development standards related to
accessory structures shall apply (refer to Chapter 30.48, Accessory Use Regulations, for
additional standards related to accessory uses, location, quantity permitted, size, etc. of
permitted accessory structures),
SECTION THREE: SECTION 30.48.040 (ACCESSORY USE REGULATIONS) OF TITLE 30,
ZONING
Subsection 30.48.040(T) (Accessory Dwelling Units) of Section 30.48.040(Accessory Use
Regulations) of Title 30 of the Encinitas Municipal Code is hereby amended as follows (stFikeeut
is used to denote existing text being deleted; underline is used to denote new text being added):
T. Accessory Dwelling Units, General.
1 Accessory dwelling units shall be a Permitted use in all areas zoned to allow single-
family or multifamily residential use.
42. One accessory dwelling unit may be permitted in
conjunction with an existing or Proposed single-family residence
on a lot zoned for residential siaQle far+�i4y er
multifamily use. Accessory dwelling units meeting the standards of Subsection
30.48.040(7)(19) are permitted in conjunction with multifamily dwelling units
23. An accessory dwelling unit may be permitted on a lot-where with an existing or
proposed junior accessory dwelling unit exists meeting the standards of Section
30.48.040(U).
to the Primary single family Fprmdp,ncp.
4. Mashed and detaehed aesesseFy units must maintain the general GhRFARtPF Af a
single family residential neighbOFheed, and maintain the shaFasteF as a single family
dwelling as deteRniRed by the Development Architectural design,
building materials, and exteF'^F ^^'^•° of the accessory dwelling unit shall be
compatible with the principal FesidenGe primary residential structure(s).
5. All development standards contained in the underlying zoning district shall apply to
accessory dwelling units unless they are inconsistent with the Provisions of this
Section 34.48.040(T). in which case the standards of this Section 34.48.040(T) shall
apply
58. An accessory dwelling unit shall not be sold separately from the primary residence
or multifamily ownership structure as detailed within the covenant for the accessory
dwelling unit.
67. An accessory dwelling unit may be rented, but only with a rental agreement with
terms greater than 30 days.
78. Accessory dwelling units shall
comply with all applicable local building and fire code requirements, as
89. 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.
910. Accessory dwelling units shall not be required to provide fire sprinklers if they are
not required for the primary residence.
it
4011. An attached accessory dwelling unit shall have a separate exterior entrance from
that of the Primary dwelling unit.
Hnit-
12. An accessory dwelling unit may be constructed above a garage Provided that there
is no loss of Parking Provided within the garage.
13. Zoning limits on lot coverage, floor area ratio, open space requirements, and size
must permit, or shall be waived, to allow up to an 800 square foot detached or
attached accessory dwelling unit. up to 16 feet high, with four-foot side and rear
yards, unless the open space is within a recorded easement or Protected by the
Local Coastal Plan.
4414. Unit Size.
a. An attached or detached accessory dwelling unit with a living area of up to
800 square feet, a maximum height of 16-feet, and four-foot side and rear
setbacks, is permitted regardless of the living area of the primary dwelling
unit.
b. The Mmaximum 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.
4215. Setbacks.
a. Except as provided herein—in this Section 34.48.040(T), 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. °"^^"° ' And detaGhed Notwithstanding any other provision of this Section
34.48.040(T), accessory dwelling units shall comply with the setbacks
established in Chapter 30.34 (Special Purpose Overlay Zones) of the
Municipal Code where required by the Local Coastal Program.
c. Accessory dwelling units may be located within a
required street side interior side y efd or rear yard setback area provided that
such structure is located no closer than four feet to a side or rear lot line shall
hqyp a ;Pthank. nf net less than five feet fFOFn side and FeaF PFGPeFtY
except unless any of the following are true:
i. The underlying zoning allows for a setback of less than four feet.
ii. An accessory dwelling unit that is constructed above (may be
cantileveredL_or supported by posts, but not solid walls) an existing or
Proposed attached or detached garage shall have a setback of five four
feet from the side and rear property lines.
dwelling unit that us GOnStFLIGted above a gaFage sh . I
Zones) of the MUn*G'pal Gede.
iii. No setback shall be required fef if the accessory dwelling unit consists
of the conversion of existing space wholly within an existing primary
residence, or wholly within an existing accessory building to as
unit.aGeesseFy dwelling structure, or for is a structure constructed in the
same location and to the same dimensions as an existing structure,
unless the Local Coastal Program requires a -greater setback.rowever-,
an existing aGGessaFy building ("RG'udling an existiRg gaFage) that is
GOnveFted to an aGGesseFy dwelling unit shall Gemply with the setbaGks
Muaisipal Eede.
ivii. Side and rear setbacks sufficient for fire and safety conditions and
regulations shall be required for an accessory dwellina unit constructed
within the existing space of an accessory structure except for an
expansion of up to 150 sauare feet to accommodate ingress and egress
only. unless the Local Coastal Program reauires a greater setback.
iv. Accessory dwelling units constructed on properties directly adjacent to
a coastal bluff shall be sensistent comply with the setbacksregdired fer
the PFiFnaFy dwelling nit as established by the ndedyin
designation the Local Coastal Program.
4".Any accessory dwelling unit that is permitted or constructed in reliance on
the setback relief provisions established for accessory dwelling units in
Subsection 30.48.040JTZ(121Cc shall be maintained=
a.. "maned as an accessory dwelling unit and shall not be converted to or
used for any other purpose.
str n1-we relopq an the F;ethnsk r.Ji..fS
4-316. Height.
a. Any accessory dwelling unit in compliance with the required setbacks of
the underlyin-g zone shall be permitted to build to the height limit for that
zone pursuant to Chapter 30.16.010.B.6 (Residential Zones) of the
Encinitas Municipal Code.
b. An accessory dwelling unit that is constructed above a proposed or existing
attached or detached garage shall be permitted to construct to the height
regulations of the underlying zone pursuant to Chapter 30.16.010.13.6
(Residential Zones).
C. Any accessory dwelling unit not constructed above a garage, or wholly
within or to the same dimensions as an existing or proposed primary
residence or accessory structure. and not in compliance with the required
setbacks of the underlying zone shall be permitted to build to a maximum
of 16-feet in height, with no proiections permitted above the maximum 16-
foot height limit. Roof decks shall be permitted provided the design of the
roof or deck railings do not extend beyond the maximum 16-foot height
limit.
4417. Architectural Projections.
a. Architectural features of the accessory dwelling unit including required
access stairways, awnings, chimneys, bay windows. window seats,
fireplaces, planters, and porches, steps, and decks less than thirty inches
above grade. which do not create additional livable area. may project into
any yard not more than four feet: however, architectural features shall not
be permitted to proiect into the minimum required four-foot side and rear
setback, unless permitted by the underlying zoning.
b. Roof eaves for the accessory dwelling unit shall be permitted to proiect a
maximum of two feet into the minimum required four-foot street side,
interior side, and rear yard setback.
44. AA md-dwimenal We peFGeRt (6%) of lot GeveFage and ten peFGent (0.1) Of fiGGF aFea-
rAfin
aGGessery dwelling MRS ORIY fOF l9tS of 10,000 squaFe feet of less and wheFe there is
an existing single family FesidenGe.
4518. Parking.
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. When a -garage, carport, or covered parking structure is demolished in
coniunction with the construction of an accessory dwelling unit or converted
to an accessory dwelling unit, the city shall not require that those off-street
parking spaces be replaced.
an aGGesseFy dwelling unit shall be FeplaGed A.R. the as the aGeesse
dwelling unit.
setbaek aFeas.
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 building, 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.
4-719. Multifamily Dwelling Structures.
a. Accessory dwelling units are permitted within any portions of an existing
multifamily dwelling structure in space currently not being used as livable
space, including but not limited to, storage rooms, boiler rooms,
passageways attics basements crawlspaces. or -garages, if each unit
complies with state building standards for dwellings. The number of
accessory dwelling units permitted under this subsection is equivalent to
up to 25 percent of the existing units in the building or one, whichever is
greater. In determining the maximum number of accessory dwelling units
allowed, any fraction of an accessory dwelling unit shall be rounded down
to the next whole number not less than one.
b. Not more than two detached accessory dwelling units may be constructed
on a lot that has an existing multifamily dwelling, subject to a height limit of
sixteen feet and four-foot interior side and rear yard setbacks. Any
accessory dwelling unit in compliance with the required setbacks of the
underlying zone shall be permitted to build to the height limit for that zone
pursuant to Chapter 30.16.010.13.6 (Residential Zones) of the Encinitas
Municipal Code.
4620. 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 unless the accessory
dwelling unit is constructed with a new single-family dwelling. Any fees
related to utilities shall be proportional to the burden of the accessory
dwelling unit on the water or sewer system, based upon either its size in
square feet or fixture units.
b. For an accessory dwelling unit that is contained within the existing
space of a single-family residence or accessory building, including up to
150 square foot expansion of the accessory building to accommodate
egress and ingress, that 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.
21. Applications.
17. Applications for accessory dwelling units on a lot with an existing single-family
residence or multifamily dwelling units that conforming to the requirements of this
section shall be considered as ministerially ep rmits without discretionary review or
a hearing, and the City shall approve or deny such applications within 42860
calendar days after receiving the completed application. If the permit application
to create an accessory dwelling unit is submitted with a permit application to create
a new single-family dwelling on the lot the permitting agency may delay acting on
the permit application for the accessory dwelling unit until the permitting agency
acts on the permit application to create the new single-family dwelling but the
application to create the accessory dwelling unit shall still be considered as a
ministerial permit without discretionary review or a hearing. If the applicant
requests a delay. the 60-day time period shall be tolled for the period of the delay.
4822. Fees.
Development Service Department fees for accessory dwelling units may be
waived. Any impact fees shall not be imposed upon the development of an
accessory dwelling unit less than 750 square feet. Any impact fees charged for an
accessory dwelling unit of 750 square feet or more shall be charged
proportionately in relation to the square footage of the primary dwelling unit.
23. Nonconforming.
The city shall not require, as a condition for ministerial approval of a permit
application for the creation of an accessory dwelling unit or a junior accessory
dwelling unit, the correction of legal nonconforming zoning conditions.
24. Covenants.
4-9a. 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:
ai. The accessory dwelling unit shall not be sold separately from the
primary dwelling unit or multifamily ownership structure as detailed
within the covenant for the accessory dwelling unit.
bii. The accessory unit may be rented, but only with rental agreements
with terms greater than 30 days.
siii. The accessory unit is limited to the size and attributes set forth by
this section.
div. 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.
25 In cases of conflict between this subsection 30.48.040(T) and any other provision
of this title the provisions of this subsection shall prevail To the extent that any
provision of this subsection conflicts with state law, the applicable provision of state
law shall control but all other Provisions of this chapter shall remain in full force
and effect.
2926. Definitions.
The definitions found in Government Code Section 65852.2 Accessory Dwelling
Units, as amended and the following definitions shall apply to the terms contained
in this section. FGF the PUFPeses of this serAien, the following definitions applyi
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 an enclosed 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 on existenGe an the date the Minanne re4fied in this
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 building structure.
Subsection 30.48.040(U) (Junior Accessory Dwelling Units) of Section 30.48.040
(Accessory Use Regulations) of Title 30 of the Encinitas Municipal Code is hereby amended as
follows (stfikeeet is used to denote existing text being deleted; underline is used to denote new
text being added):
U. Junior Accessory Dwelling Units.
1. One junior accessory dwelling unit may be permitted in conjunction with an existing,
a proposed or existing single-family residence on lots zoned
for single-family or multifamily use.
2. A junior accessory dwelling unit may be permitted within a single-family residence
on a lot with an existing or proposed accessory dwelling unit exists conforming with
Section 34.48.040(T).
3. A junior accessory dwelling unit shall not be sold separately from the primary
residence.
4. Ajunior accessory dwelling unit maybe rented, but only with a rental agreement with
terms greater than 30 days.
5. The owner of a lot with a junior accessory dwelling unit shall occupy as a principal
residence either the primary dwelling or the junior accessory dwelling unit g[2
applicable, the accessory dwelling unit, except where the primary dwelling and junior
accessory dwelling are held by a governmental agency, a land trust or housing
organization in an effort to create affordable housing.
6. jun eF AGGesseFy DwelliRg WRit Development Standards.
a. A junior accessory dwelling unit shall not exceed 500 square feet in total
floor area.
b. A junior accessory dwelling unit shall be contained entirely within an the
walls of a proposed or existing single-family residence.
G-Feation of a junior aGeessE)Fy dwelling Unit Must iRGlude the GGRVeFSieR of
dc. A junior accessory dwelling unit shall be provided with a separate exterior
entry from that of the primary dwelling.
e. AR inter OF connection to the main iV Rg area of the pFiFnaFy res denGe shall
be rnaiRtaiRed. A seGond doer may be added for sound attenuation.
fd. A junior accessory dwelling unit shall include an efficiency kitchen,
which shall include the following serapeaents:
i. A sink with ^ maximum waste 1 nP ,. nnp ^art one half inches.
ii. A cooking facility with appliances that do ^^t FeqUiFe ^'^^trg^^'
seFViGe ,.^t„r than 120 , Alt; OF natural or propane gas.
iii. A food preparation counter and storage cabinets that are reasonable
to the size of the unit.
ge. No additional parking shall be required for a junior accessory dwelling unit
other than that FeqUiFed wheR the existing ni ..mar rep was
ns
eenstFUGted.
hf.
the primary residence ar have. its ^ Access to a bathroom is required,
which may be part of the iunior accessory dwelling unit or located in the
existing primary dwelling. If provided as part of the primary dwelling, the
junior accessory dwelling unit shall have direct access to the main living
area of the Primary dwelling so as to not need to go outside to access a
bathroom.
7. Except as provided herein, a junior accessory dwelling unit shall comply with all local
building and fire code requirements, as appropriate.
8. Junior accessory dwelling units shall not be required to provide fire sprinklers or fire
attenuation specifications if they are not required for the primary residence. An
0 nspeGtiOn tO GGnfiFFA that the jUF;iOF aGGeGGeFy dwelling unit GeMplies with
development standards may hp nrAAqrPd.
9. No sewer or water connection fees shall be required for the development of a junior
accessory dwelling unit.
unit eemplies with development standaFds may be assessed-
10. Prior to issuance of a building permit for a junior 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 junior accessory dwelling unit shall not be sold separately from the
primary dwelling unit.
b. The junior accessory unit may be rented, but only with a rental agreement
with terms greater than 30 days.
C. The junior accessory unit is limited to the size and attributes set forth by
this section.
d. The owner of record of the property shall occupy the primary dwelling unit
or the junior accessory dwelling unit or, if applicable,the accessory dwelling
unit except where the primary dwelling and junior accessory dwelling are
held by a -governmental agency, land trust or housing organization in an
effort to create affordable housing.
e. 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 a junior accessory dwelling unit on the
property.
11. Applications for junior accessory dwelling units conforming to the requirements of
this section shall be considered as ministerially Permits, without discretionary review
or a hearing, and the City shall approve or deny such applications within 42060
calendar days after receiving the completed application. If the permit application to
create a junior accessory dwelling unit is submitted with a permit application to create
a new single-family dwelling on the lot the permitting agency may delay acting on
the permit application for the iunior accessory dwelling unit until the permitting
agency acts on the permit application to create the new single-family dwelling but
the application to create the junior accessory dwelling unit shall still be considered
ministerial, without discretionary review or a hearing. If the applicant requests a
delay, the 60-dav time period shall be tolled for the period of the delay.
12. Impact fees shall not be imposed upon the development of a junior accessory
dwelling unit.
13. Junior accessory dwelling units shall be exempt from the requirements of
undergrounding overhead utilities and public right-of-way dedication and
improvements.
14. In cases of conflict between this subsection 30.48.040(U) and any other provision of
this title, the provisions of this subsection shall prevail. To the extent that any
provision of this subsection is in conflict with state law, the applicable provision of
state law shall control, but all other provisions of this chapter shall remain in full force
and effect.
SECTION FOUR: SECTION 30.76.120 (REMODELING OR RECONSTRUCTION OF
RESIDENTIAL BUILDINGS WITH STRUCTURAL/USE NONCONFORMITY) OF TITLE 30,
ZONING
Subsection 30.76.120(A) (Remodeling or Reconstruction of Residential Buildings with
Structural/Use Nonconformity) of Title 30 of the Encinitas Municipal Code is hereby amended as
follows (strikeout is used to denote existing text being deleted; underline is used to denote new
text being added):
A. Any residential project of four or fewer dwelling units with one or more structural or use
nonconformities that is damaged up to 100% (by accident or voluntary) of its valuation
can be reconstructed with the continuation of the nonconformities provided such
nonconformities are not increased in density or intensity. Nonconforming residential
buildings of four units or less may be reconstructed, added to, or structurally altered so
long as neither the density nor the intensity of the nonconformity is increased, and the
number and size of existing required parking spaces is not reduced.
1. An increase to the "intensity" of a nonconforming structure/use would refer to:
a. Expanding the structural nonconformity, e.g., not meeting development
standards.
b. Any additions to a nonconforming use (e.g., an existing duplex in a single-
family zone) that would expand or intensify the nonconforming use.
Expansions/additions to such nonconforming uses shall not be considered
an intensification when the combined development of all units on the
subject property does not exceed the cumulative limitations of the
underlying zone. Where more than one dwelling unit exists on a legal lot,
the development allowances of the underlying zone shall be applied on a
pro-rata basis (for example, if two dwelling units exist on one lot, each
would be allowed one half of the lot coverage and/or floor area ratio
applicable to the zone). Where all of the units on the lot are under common
ownership, or, in the case of multiple ownership, where all owners of units
on the property are in agreement, a different combination of percentages
may be established and recorded on the subject property by covenant.
C. An addition for the enclosing of parking shall not be considered an increase
in intensity of the nonconforming use.
d. Conversion of a nonconforming detached accessory structure from a Ron-
unhabitable use type (for example, storage building or garage) to a
habitable structure type (for example, a portion of the primary dwelling unit
OF shall be considered an intensification or creation of a
nonconformity. However, conversion of such aer}uninhabitable structures
to accessory strastUFes dwelling units permitted under Municipal Code
Section 30.48.040aA1 D shall not be considered an intensification-previded
2. An increase to the"density" of a legal nonconforming structure/use wo uld FefeF teiis
a.Nnew construction or conversion of existing structures with the result of
creating any dwelling units above the number allowed for the subject
property in the applicable zone.
shall -net be n-e.n.sid-eFed an density eF intensity fOF PUFP9ses a
thisseetien.
3. New construction, a conforming addition to an existing dwelling. or the conversion
existing structures in order to create an accessory dwelling unit or iunior accessory
dwelling unit in accordance with 30.48.040M and 30.48.040(U) shall not be
considered an increase in density or intensity for ourooses of this section.
I
I
SECTION FIVE: SEVERABILITY
If any section, sub-section, sentence, clause, phrase or portion of this Ordinance is for any
reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction,
such decision shall not affect the validity of the remaining portions of the Ordinance. The City
Council hereby declares that it would have adopted the Ordinance and each section, sub-section,
sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections,
sub-sections, sentences, clauses, phrases or portions to be declared invalid or unconstitutional.
SECTION SIX: 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 SEVEN: INTRODUCTION
This Ordinance was introduced on October 21, 2020.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council held on
the 18th day of November, 2020.
L/ /3
Catherine Blakespear, Mayor
ATTEST: I
Kathy H Ilyw od, City Clerk
P OVE AS TO FOR
Leslie E. Devaney, City Attorney
CERTIFICATION: I, Kathy Hollywood, City Clerk of the City of Encinitas, California, do
hereby certify under penalty of perjury that the foregoing ordinance was duly and regularly
introduced at a meeting of the City Council on the 21st day of October, 2020 and that
thereafter the said ordinance was duly and regularly adopted at a meeting of the City
Council on the 181h day of November, 2020 by the following vote, to wit:
AYES: Blakespear, Hinze, Hubbard, Kranz, Mosca
NAYS: None
ABSENT: None
ABSTAIN: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of
the City of Encinitas, California, this ]C day of November, 2020.
Kathy Ho!lVwooW City Clerk