New Incentives for Tiny Houses Coming to Del Mar!

Proposed Amendments to Del Mar Municipal Code for ADUs and Tiny Homes

In a draft dated August 29, 2023, the Del Mar Municipal Code (DMMC) outlines potential changes to the existing regulations for Accessory Dwelling Units (ADUs) and introduces definitions for Tiny Homes. Here’s a summary of the key changes proposed:

Section One: Definition of Tiny Home (DMMC 30.04.190)

The definition of a Tiny Home is introduced, referring to a small accessory dwelling unit with a minimum of 150 square feet of living space. It must adhere to specific criteria, including a maximum size of 400 square feet, installation on a foundation, independent living design, separate facilities for cooking, sleeping, and sanitation, as well as connections to water and sewer utilities.

Section Two: RM-South Zone Allowable Uses (DMMC 30.19.030)

The allowable uses in the RM-South Zone are outlined. While conforming to density and development standards of the RM-South Zone, various uses are allowed, except Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units.

Section Three: Accessory Uses in RM-South Zone (DMMC 30.19.040)

The amendment permits accessory uses that are lawful in the RM-East, RM-West, and RM-Central Zones in the RM-South Zone, except for Accessory Dwelling Units (ADUs), including those outlined in Chapter 30.91.

Section Four: RC Zone Allowable Uses (DMMC 30.21.030)

The RC Zone allowable uses are defined, encompassing uses allowed in the R2 Zone and certain primary uses allowed in the CC Zone. Accessory Dwelling Units (ADUs) are allowed on lots with existing single dwelling units.

Section Five: Accessory Uses in RC Zone (DMMC 30.21.040)

The amendment to DMMC 30.21.040 lists allowable accessory uses within the RC Zone. Notably, Accessory Dwelling Units (ADUs) are permitted according to the stipulations in the proposed Chapter 30.91.

Section Six: Replacement of Chapter 30.91

Chapter 30.91, governing Accessory Dwelling Units (ADUs), is suggested for repeal and replacement. This proposed new chapter outlines the purpose of regulating ADUs and Junior Accessory Dwelling Units.

These potential changes in the Del Mar Municipal Code reflect an effort to define Tiny Homes and modify regulations surrounding Accessory Dwelling Units (ADUs) in various residential zones. It’s essential to stay informed about local regulations and amendments to understand how they might impact housing options in the area.

Incentive Program

The City has established an incentive program (30.91.070) to promote the use of Accessory Dwelling Units (ADUs) for housing lower income households. Property owners can receive incentives by committing to restrict ADU use and occupancy based on income limits defined by the California Department of Housing and Community Development.

Incentives include fee waivers, refunds, and planning benefits. For properties with single or duplex units, a bonus ADU (JrADU) of up to 500 sq ft can be created, along with a 500 sq ft Floor Area Ratio (FAR) bonus. Multiple dwelling unit properties with three or more primary units can receive proportional bonus units to offset costs for creating rent-restricted units. These bonus units must adhere to certain standards, but they’re exempt from certain zoning restrictions. Each new low-income unit created must be identified and designated by restriction.

Applications for this program require approval through an Administrative Coastal Development Permit in accordance with Section 30.91.030.

What does all this mean for you?

For homeowners in the Del Mar area, the proposed amendments to the Del Mar Municipal Code (DMMC) regarding Accessory Dwelling Units (ADUs) and the introduction of definitions for Tiny Homes could have several implications:

1. Tiny Home Definition:

The introduction of a Tiny Home definition provides a clear understanding of what constitutes a Tiny Home in terms of size, installation, facilities, and connections to utilities. Homeowners interested in building or owning a Tiny Home on their property can now refer to this definition to ensure compliance with the specified criteria.

2. RM-South Zone Changes:

Homeowners in the RM-South Zone should note that the allowable uses are being updated. While other uses are permitted, Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units are not allowed in this zone. This could impact homeowners’ plans to create additional living spaces through ADUs in this particular zone.

3. RC Zone Changes:

For homeowners in the RC Zone, the amendments outline allowable uses that include Accessory Dwelling Units (ADUs) on lots with existing single dwelling units. This could provide an opportunity for homeowners to create additional housing units on their properties, potentially generating rental income or accommodating family members while adhering to the specific guidelines.

4. Replacement of Chapter 30.91:

The replacement of Chapter 30.91 with a new chapter governing ADUs and Junior Accessory Dwelling Units signifies potential changes in regulations and procedures for homeowners interested in building these units. It’s crucial for homeowners to stay updated on the new chapter’s content and any changes in requirements, permitting processes, and design standards.

In general, these proposed amendments reflect the city’s efforts to address housing needs, encourage diverse housing options, and align regulations with current trends and demands. Homeowners should stay informed about these amendments and any subsequent developments to ensure their housing plans align with the evolving regulations in Del Mar.

If homeowners are considering building Tiny Homes or ADUs on their properties, they should call or schedule an appointment with Merribuild (760) 470- 2107 for taking the next steps and acquiring an estimate for pricing. We provide a full service experience for the entire process from working with the city to designing and building your tiny home.

Read the entire proposed Ordinance right here.

https://www.delmar.ca.us/DocumentCenter/View/8724/Draft-ADU-Ordinance-82923?bidId=

Draft Del Mar Municipal Code (DMMC) Language to Amend the Existing ADU Regulations

SECTION ONE: That DMMC Section 30.04.190 (“T” Words and Phrases Defined) be amended as follows:

A. through C. [No change to Tandem Parking Space through Temporary Enclosure]

D. Tiny Home means a small accessory dwelling unit with at least 150 square feet of interior living space that meets all of the following criteria: a maximum of 400 square feet, installed on a foundation, and designed for independent living that has separate facilities for cooking, sleeping, and sanitation, including connections to water and sewer utilities.

DE. [Modify order of Trailer Coach through Trellis to be sections E. through H.]

SECTION TWO: That DMMC Section 30.19.030 Medium Density Mixed Residential South (RM-South Zone) be amended as follows:

30.19.030 Allowable Uses

The allowable uses in the RM-South Zone are:

A. In conformity with density area and other development standards required by the RM-South Zone, and use that is allowed in the RM-East, RM-West or RM Central Zones, except that Accessory Dwelling Units and Junior Accessory Dwelling Units are not permitted.

B. A duplex with attached dwelling units, or with two unattached dwelling units where design constraints make attachment impractical.

C. Multiple dwelling units.

D. Boardinghouses and lodging houses.

E. Licensed rest homes.

F. Fraternity and sorority houses, except those where the chief activity is a service customarily carried on as a business.

G. A Small Community Care Facility on each building site.

DRAFT 8/29/2023

SECTION THREE: That DMMC Section 30.19.040 Medium Density Mixed Residential South (RM-South Zone) be amended as follows:

30.19.040 Accessory Uses

Accessory uses that are lawful in the RM-East, RM-West or RM-Central Zones may be established in the RM-South Zone, except that Accessory Dwelling Units are not permitted including Accessory Dwelling Units in accordance with Chapter 30.91.

SECTION FOUR: That DMMC Section 30.21.030 Medium Density Mixed Residential Central (RC Zone) be amended as follows:

30.21.030 Allowable Uses

The following uses are allowable in the RC Zone:

A. Any use allowable in the R2 Zone; provided, however, that at least 60 percent of the floor area, exclusive of parking, shall be for such R2 zoned use. Accessory Dwelling Units are permitted on a lot with an existing single dwelling unit.

B. Any primary use (not requiring a conditional use permit) allowed in the CC Zone; provided, however, that not more than 40 percent of the floor area, exclusive of parking, shall be for such CC zoned use.

SECTION FIVE: That DMMC Section 30.21.040 (RC Zone) be amended as follows: 30.21.040 Accessory Uses

A. Accessory buildings and uses customarily incidental to the allowable uses, including private garages and carports.

B. Off-street parking for a permitted use.

C. A licensed Family Child Care Home within an occupied single dwelling unit per California Health and Safety Code Section 1596.70.

D. Accessory Dwelling Units in accordance with Chapter 30.91.

SECTION SIX: That DMMC Chapter 30.91 (Accessory Dwelling Units) be repealed and replaced with the following:

30.91.010 – Purpose

The purpose of this Chapter is to provide regulations and procedures for the establishment of Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling

DRAFT 8/29/2023

Units (JrADUs) on lots zoned to allow single unit and multi-unit residential uses which include a proposed or existing dwelling in accordance with California Government Code Sections 65852.150, 65852.2, 65852.22, and without superseding or in any way altering or lessening the effect or application of the California Coastal Act of 1976 (Division 20 commencing with Section 3000) and the City’s Local Coastal Program. Should this Chapter conflict with existing State law or subsequent amendments then State law will prevail over the terms of this Chapter.

30.91.020 Zones Where Accessory Dwelling Units and Junior Accessory Dwelling Units are Permitted

A. An Accessory Dwelling Unit (ADU) is permitted subject to the development regulations in Sections 30.91.040 and 30.91.060, on any lot that is zoned to allow residential or mixed use including the Carmel Valley Precise Plan (permitted only on residential lots 3-9, 11-17, 20-29) and other Specific Plan zones that have been developed or are proposed to be developed with at least one or more residential units.

B. A Junior Accessory Dwelling Unit (JrADU) is permitted within the walls of an existing or proposed single dwelling unit, including an attached garage, and is subject to the development regulations in Section 30.91.050. JrADUs are permitted on property when located on a lot within one of the following single dwelling unit zones:

1. Very Low Density Residential Zone (R1-40)

2. Modified Low Density Residential Zone (R1-14)

3. Low Density Residential Zone (R1-10)

4. Low Density-Beach Residential Zone (R1-10B)

5. Medium Density Single-Family Residential Zone (R1-5)

6. Medium Density Single-Family Residential Zone-Beach (R1-5B) 7. Carmel Valley Precise Plan Specific Plan (CVPP), Residential lots 3-9, 11-17, 20-29

C. Tiny homes are permitted on any lot that allows an ADU. A tiny home may also be developed in additional non-residential zones if deed restricted affordable for a lower income household for a term of at least 30 years.

D. Development of an ADU, JrADU, or Tiny Home pursuant to Chapter 30.91 is not considered to exceed the allowable density of the parcel on which it is located.

30.91.030 Permits and Processing of Accessory Dwelling Units and Junior Accessory Dwelling Units

A. All Accessory Dwelling Units and Junior Accessory Dwelling Units shall comply with applicable state and local building codes and shall require approval of a building permit and Administrative Coastal Development Permit

DRAFT 8/29/2023

as applicable in 30.91.030.E. The City shall ministerially approve or disapprove a complete building permit application for an ADU/JrADU in compliance with time periods established by State law. If the City disapproves an application for an ADU or JrADU, the City shall return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant.

1. ADU Submittal Requirements.

In addition to the general application and permit fees for planning and engineering review as applicable, the applicant shall submit the following as applicable to demonstrate compliance with Section 30.91.040 to the satisfaction of the Planning and Community

Development Director:

a. Site Plan: A site plan with proposed setbacks fully dimensioned for all existing and proposed structures on the project site, and calculations indicating the square footage of all structures on the lot.

(i) Calculation of the ADU size shall include all interior floor space within the surrounding exterior walls of the ADU as

calculated from the inside face of the wall studs.

(ii) The site plan shall also depict all protected trees

(Monterey Cypress and Torrey Pine Species) on the lot

and identify a tree protection zone for each protected tree

on-site to ensure protection during construction.

(iii) Additional site plan detail, per the City’s ADU checklist on file with the City, shall be included for engineering review

of any application to construct an ADU that would be either attached to the primary dwelling unit or constructed as a

new detached structure.

(iv) In the Coastal Bluff Overlay Zone, a proposed ADU must comply with the recommendations of a geotechnical report

in accordance with Chapter 30.55 when sited in a new

structure or within a non-habitable space that would be

converted to habitable space.

(v) Except where required per Section 30.91.030(A)(1)(a)(iv), engineering review is not required if the ADU would be

located within an existing primary dwelling unit or existing

accessory structure.

DRAFT 8/29/2023

b. The plans shall include building cross sections taken through the structure and adjacent grade in at least two directions and elevations with proposed height fully dimensioned showing all facade openings and exterior finishes. Elevations and

sections shall indicate the line of existing and proposed grade as necessary to depict any grading to occur as a result of the ADU development.

c. A floor plan to identify the exterior entry, number of bedrooms, fully functioning bathroom, and kitchen for the ADU to

demonstrate compliance with the requirements for a separate exterior entry compliant with the maximum size allowance, and consistency with the Government Code Section 65852.2(j) definition of ADU that requires an ADU include permanent provisions for living, sleeping, eating, cooking, and sanitation. This is typically demonstrated by identifying that the ADU includes a bathroom and a fully functioning kitchen, which includes a fully functioning cooking area (and not merely a hot plate) and includes other standard kitchen appliances, food storage cabinets, a countertop/food preparation area

proportional to the size of the ADU, and a fully functioning sink.

d. Information regarding available water and sewer utility easements, services, and connections, and whether the existing primary residence has an automatic residential sprinkler system.

e. Standard notes printed on the construction plans prior to building permit approval, including the following statements:

(i) The ADU may be leased but shall not be sold separate from the primary dwelling unit, except that a qualified non profit affordable housing organization per Government

Code Section 65852.26 may sell a deed restricted ADU to an eligible low-income owner.

(ii) Until December 31, 2024, the City will not require the property owner to-occupy the primary unit or the ADU for newly created ADUs. Effective January 1, 2025, the

property owner shall reside on the property in either the primary dwelling unit or in the ADU.

(iii) For lots that have both an ADU and JrADU, the property owner shall reside on the property in either the primary dwelling unit, in the ADU, or in the JrADU.

DRAFT 8/29/2023

(iv) If the ADU is rented or leased, the term for rental shall be

the greater of 30 consecutive days, except where the

ADU is located in zones that allow for commercial land

uses.

f. A certification of height, setback, and square footage compliance shall be submitted prior to framing inspection.

g. A construction-phase parking and equipment/materials storage plan.

h. If applicable, a Federal Emergency Management Agency (FEMA) elevation certificate shall be provided at initial application

submittal, and updated (if necessary) prior to building permit

issuance. An as-built elevation certificate will also be required

prior to final inspection and occupancy.

i. Any additional information as necessary to demonstrate the proposed ADU meets the criteria for ministerial approval in

Section 30.91.040.

2. JrADU Submittal Requirements.

In addition to the general application and permit fee, the applicant for a JrADU shall submit the following as applicable to demonstrate

compliance with Section 30.91.050 to the satisfaction of the Planning and Community Development Director:

a. A site plan with setbacks fully dimensioned for all existing and proposed structures on the project site to demonstrate the site is, or will be, developed with a single dwelling unit; and that

identifies any existing or proposed ADUs on the lot

b. A floor plan to demonstrate compliance with Section 30.91.050 requirements for an efficiency kitchen, separate exterior entry,

and the bathroom the JrADU will have access to.

c. In the Coastal Bluff Overlay Zone, a geotechnical report is required in accordance with Chapter 30.55 for a proposed

JrADU in a new structure or within a non-habitable space that

would be converted to habitable space.

B. The following shall apply if the permit application is submitted for concurrent processing to create a new primary dwelling unit:

DRAFT 8/29/2023

1. The application for the ADU or JrADU shall be submitted for review prior to consideration of the proposed primary dwelling unit in a public hearing.

2 The proposed location of the ADU or JrADU shall be depicted on development plans for the proposed primary dwelling unit.

3. The City may delay acting on the ADU or JrADU permit application until the City acts on the permit application to create the new primary dwelling unit. However, the ADU or JrADU application will be

processed without discretionary review or public hearing.

4. The decision maker on the primary dwelling unit is precluded from considering the pending ADU or JrADU as part of the discretionary review or hearing for the primary dwelling unit.

5. If the applicant requests a delay, the 60-day time period for review and approval set forth in Section 30.91.030(A) shall be tolled for the period of the delay.

C. Prior to development or occupancy of an ADU or JrADU, the applicant shall obtain all construction-related permits as applicable pursuant to Del Mar Municipal Code Chapter 23.04 (Building Construction General Provisions). ADUs or JrADUs located in High Fire Hazard Severity Zones shall comply with all applicable Building Code standards for those zones.

D. Notwithstanding the provisions of the Del Mar Municipal Code, development of an ADU designed in accordance with Section 30.91.040 or a JrADU designed in accordance with Section 30.91.050 shall be exempt from the requirement to obtain a discretionary permit in all cases below, except where it requires an Administrative Coastal Development Permit, pursuant to Section 30.91.030.E

1. Exempt from a Design Review Permit (Chapter 23.28) in all zones including the Carmel Valley Precise Plan and Specific Plan zones.

2. Exempt from a Land Conservation Permit (Chapter 23.33) for all grading proposed within the development footprint for the ADU

structure; however, the requirement for an excavation or grading

permit in accordance with Chapter 23.32 still applies. A Land

Conservation Permit may be required through a separate

approval process for any excavation and grading activities

proposed outside of the ADU development footprint where such

grading and excavation is not required for ADU occupancy.

DRAFT 8/29/2023

3. Exempt from a Floodplain Development Permit (Chapter 30.56) where located in the Floodplain Overlay Zone and the following apply:

a. ADU will be located entirely within the walls of an existing habitable structure or within existing non-habitable space located at or above the base flood elevation that is converted to

habitable space for the ADU; or

b. ADU will be located in a structure that is designed as follows:

i. The lowest floor (including basement) will be elevated to or above the base flood elevation plus one foot;

ii. The structure will be anchored to prevent flotation,

collapse, or lateral movement resulting from hydrodynamic

and hydrostatic loads, including the effects of buoyancy;

iii. Construction materials will be resistant to flood damage;

and

iv. All plumbing, electrical, heating, ventilation, and air

conditioning equipment will be designed to prevent water

from entering or accumulating within the components

during conditions of flooding.

4. Exempt from a Conditional Use Permit (Chapter 30.74) where:

a. Located in the Bluff, Slope and Canyon Overlay Zone, and the ADU will be set back at least 20 feet from the top of a steep slope and at least 10 feet from the bottom of a steep slope per Section

30.52.070; or

b. Located in the Coastal Bluff Overlay Zone, and the ADU will be constructed primarily above grade, and set back at least 40 feet

from the top edge of a coastal bluff per Section 30.55.080.

E. The California Coastal Act requires issuance of an Administrative Coastal Development Permit implemented in accordance with DMMC Chapter 30.75, to harmonize State Housing law with the Coastal Act and ensure protection of coastal resources as follows:

1. California Government Code section 65852.2 provides that the Accessory Dwelling Unit statutes do not supersede or in any way

alter or lessen the effect or application of the California Coastal

Act, except that the City shall not be required to hold public

hearings for Coastal Development Permit applications for ADUs.

DRAFT 8/29/2023

2. The following proposed ADU or JrADU development is exempt from an Administrative Coastal Development Permit where it meets all of the following:

a. An ADU or JrADU created through conversion of entirely existing habitable space; and

b. The ADU or JrADU is not located in any of the following Overlay Zones: Floodplain, Beach, Lagoon, Coastal Bluff, or Bluff, Slope, and Canyon; and

c. That the ADU or JrADU application is not in a location subject to the permit appeal authority of the Coastal

Commission as defined by DMMC Section 30.75.030.

3. An Administrative Coastal Development Permit in accordance with Section 30.75.080 shall be obtained for an ADU or JrADU that does not meet the exemptions listed in Section 30.91.030(E)(2).

4. Where an Administrative Coastal Development Permit is required by Section 30.91.030(E)(3), it shall be processed in accordance with the following procedures:

a. In order to approve the ADU, the Planning and Community Development Director shall make a finding that the

proposed development is consistent with the requirements of the certified Local Coastal Program, and where

applicable, the public access and recreation policies of the Coastal Act, except that no public hearing shall be

required.

b. A Notice of Administrative Coastal Development

Approval stating that the Coastal Development Permit

has been approved shall be posted at City Hall and on

the City’s website, and shall be mailed within five

working days of the final action as follows:

i. Notice shall be mailed to all owners of real

property within 300 feet of the exterior

boundaries of the property, which is the subject

of the hearing with ownership as identified on

County Tax Assessors’ rolls; and to all

occupants of property within 100 feet of the

exterior boundaries of the property which is the

subject of the application.

DRAFT 8/29/2023

ii. Notice shall be sent via U.S. Postal Service to

the Executive Director of the California Coastal

Commission.

iii. The content for the notice of final action by the

City shall be in accordance with Section

30.75.120(B)(1-5) and shall contain the date of

the decision.

c. Once a final decision of approval or denial is issued by

the Planning and Community Development Director,

the notice of final action shall be provided within five (5)

working days to the Executive Director of the Coastal

Commission and to any interested parties who

requested notice in writing in accordance with Section

30.75.100.

d. If the ADU qualifies as appealable development

pursuant to Chapter 30.75, the Planning and

Community Development Director’s decision to approve

a Coastal Development Permit may be appealed to the

Coastal Commission within ten (10) working days in

accordance with Section 30.75.110(A) and (B).

F. ADUs or JrADUs issued permits in accordance with Chapter 30.91 shall expire and become null and void two years after the date of issuance, unless a certificate of occupancy has been issued by the Building Division.

G. The City shall maintain a record of all ADUs and JrADUs issued permits for reporting to the State of California.

H. The construction of an ADU shall not constitute a Group R occupancy change as described in Section 310 of the California Building Code (Title 24 of the California Code of Regulations), unless the Building Official finds that the construction of the accessory dwelling unit could have a specific, adverse impact on public health and safety. This clause does not apply when changing the occupancy code of a space that was uninhabitable space or was only permitted for nonresidential use and was subsequently converted for residential use.

I. Prior to issuance of a permit for an ADU or JrADU on private property, the owner shall record a deed restriction with the County Recorder and file the recorded deed restriction with the City, acknowledging the applicable use limitations that shall run with the land. The deed restriction shall include information regarding the sale, occupancy, and rental of the unit, consistent with State Law.

DRAFT 8/29/2023

J. All dwelling units that meet the definition of a Tiny Home in Section 30.04.190(D) shall be processed in accordance with this Chapter.

30.91.040 Accessory Dwelling Unit Development Regulations

A. An Accessory Dwelling Unit (ADU) that is designed to meet all of the requirements in Section 30.91.040, and Section 30.91.060 for lots with multiple dwelling units, shall be issued a permit in accordance with Section 30.91.030.

B. A lot with an existing or proposed single dwelling unit is permitted to develop a maximum of one ADU (in compliance with Section 30.91.040) and a maximum of one JrADU (in compliance with Section 30.91.050) per lot. The ADU may be created within the space of a primary single dwelling unit (including conversion of an attached or detached garage), as an addition to a primary single dwelling unit, within a structure (new or conversion of existing space) that is detached

from a primary single dwelling unit, or attached to an existing detached garage, in compliance with one of the following:

1. One ADU or JrADU within the space of a primary single dwelling unit:

a. A maximum of one ADU or JrADU is permitted within the walls of a proposed or existing primary single dwelling unit, including an

attached or detached garage. Development of the ADU or JrADU shall not expand beyond the physical dimensions of the existing

structure, except as necessary to accommodate ingress or egress through a maximum expansion of 150 square feet beyond the

physical dimensions of the existing structure.

b. If an ADU is developed under 30.91.040(B)(1)(a), then no JrADU or additional ADUs shall be allowed where a previous ADU or

JrADU was permitted in accordance with section (a) in the above.

c. If a JrADU is developed within the footprint of a primary single dwelling unit, including conversion of an attached garage, then a

maximum of one detached ADU (one converted detached

structure or new ADU structure) shall be permitted on the lot in

addition to the JrADU in accordance with Section 30.91.040(B)(3). 2. One ADU attached to a primary single dwelling unit:

a. An attached ADU involves the addition of square footage to a primary single dwelling unit. The attached ADU shall be

constructed as part of the overall primary single dwelling unit and

must share a common wall with the primary single dwelling unit.

DRAFT 8/29/2023

b. If an attached ADU is developed, then no JrADU or additional ADUs shall be permitted on the property.

3. One Detached ADU (new structure or conversion of existing structure): a. There shall not be more than one detached ADU per lot.

b. No additional ADUs shall be permitted on the property, except that one JrADU shall be permitted within the walls of the primary single dwelling unit, including conversion of an attached garage, in

accordance with Section 30.91.040(B)(1). A JrADU is not

permitted within a detached structure.

c. The detached ADU may be developed as a new structure or through conversion of an existing detached accessory structure.

d. If necessary to accommodate ingress and egress, conversion of an existing accessory structure can include an addition of up to,

but not exceeding, 150 square feet beyond the physical

dimensions of the existing structure. This provision applies even

where the existing accessory structure exceeds the maximum

allowable square footage for an ADU.

4. Attachment to an Existing Detached Garage:

a. An ADU is permitted to be attached to an existing garage, which can include either an attached or detached garage. An ADU

cannot be attached to any other existing accessory structures.

b. If an attached ADU is developed, then no JrADU or additional ADUs shall be permitted on the lot.

C. If the proposed ADU would be located in a designated historic district or on a property that is listed in a Register of Historic Resources (local, state, or national), then the applicant must demonstrate that the design of the proposed ADU, including exterior finishes, windows, access doors, and rooflines, is consistent with the Secretary of the Interior Standards for preservation of historic resources.

D. The ADU shall be designed and operated in compliance with the regulations of the zone, except as otherwise specified in this Chapter, as a residential use that is subordinate to the primary dwelling unit on the property. One primary residential unit shall be designated on a lot which an Accessory Dwelling Unit or Junior Accessory Dwelling Unit is permitted.

DRAFT 8/29/2023

1. The ADU shall be designed to comply with the Government Code Section 65852.2(j) definition of ADU by including permanent provisions for living, sleeping, eating, cooking, and sanitation. This is typically demonstrated by identifying that the ADU includes a fully functioning: Bathroom consisting of a toilet, sink, a bathtub or shower; and a

kitchen. The kitchen includes a cooking appliance (not a hotplate) refrigeration and other appliances, food storage cabinets, and a

countertop or similar food preparation area. The kitchen area is to be proportional to the size of the ADU.

2. The ADU shall be designed to comply with the California Building Code and Title 24 requirements for solar installation, if the ADU would be located within a new structure. Only newly constructed, non

manufactured, detached ADUs are subject to the Energy Code

requirement to provide solar panels. The solar panels may be installed on the ADU or on the primary dwelling unit.

3. The ADU shall have a separate address and mailbox from the primary dwelling unit, which must be requested and coordinated with the City.

4. For fire protection access, a minimum of six feet between buildings shall be maintained between a detached accessory dwelling unit and all other buildings and structures on the lot, unless the six foot separation would preclude construction of an 800 square foot ADU,

notwithstanding section 30.91.040(G)(7).

E. The ADU may be rented, but shall not be sold or conveyed separately from the primary dwelling unit on the property, except that the City or qualified non profit corporation per Government Code section 65852.26 may sell a deed restricted ADU to an eligible low-income owner.

F. If rented, the term for rental of an ADU in a residential zone shall be for a term longer than 30 consecutive days per Government Code section 65852.2(e)(4).

G. In accordance with California Government Code Section 65852.2(c)(2)(C), the City shall accommodate an ADU at least 800 square feet in size, which is also known as the “universal” ADU size provision. If the size of a proposed ADU exceeds 800 square feet, the remaining square footage beyond 800 square feet shall be subject to review against the applicable Floor Area Ratio (FAR) and lot coverage development standards of the zone. Additionally, should the combined total size of a proposed ADU greater than 800 square feet and the primary residence exceed the maximum FAR or lot coverage allowed for the site location, then the primary residence shall be required to reduce its square footage accordingly so as to preserve the ability to build at least an 800 square foot ADU. For the purpose of this section:

DRAFT 8/29/2023

1. The interior floor space within the surrounding exterior walls of the ADU (calculated from the inside face of wall studs) shall not exceed 850 square feet in size, or 1,000 square feet maximum if the ADU has more than one bedroom.

2. A proposed, attached ADU shall be subject to a maximum size of 50 percent of the habitable space of the primary dwelling unit.

3. All interior floor space of the ADU shall count towards the maximum ADU size regardless of whether or not it meets the City’s definition of gross floor area or qualifies for exclusion from the calculation of bulk floor area per DMMC Chapter 30.72.

4. Bedroom shall be defined as an enclosed space within a dwelling unit that is designed or could be used for sleeping and has or is designed to have a door permitting complete closure and separation from

kitchen, living room, and hallway areas.

5. The application of 50 percent size limitation to an attached ADU is regardless of bedroom count for that ADU.

6. If a detached garage is demolished and converted to an ADU, the sizes listed in Section 30.91.040.G shall apply.

7. In order to comply with the mandates of the California Coastal Act, the City is required to protect coastal access and coastal resources, which may require modification of the proposed ADU location and size to demonstrate conformity. The City shall accommodate a proposed ADU meeting the universal size provision of at least 800 square feet in size, unless the California Coastal Act supersedes this minimum size

requirement due to impacts to protected coastal resources or

otherwise impedes public access to the coast. In such a case, the City will prepare written findings and, where applicable, mitigation

measures to alleviate such impacts as necessary to accommodate a proposed ADU at least 150 square feet in size that meets the definition of an efficiency unit as defined per California Government Code

Section 65852.2(c)(2)(A).

H. An ADU is not permitted within a building-restricted easement location.

I. The ADU shall comply with the following objective design standards, unless the design standards prohibit construction of an 800 sq. ft. ADU, notwithstanding Section 30.91.040(G)(7):

1. Wall and roof planes on each elevation must be varied with at least one projection, offset, or recess of the building (of at least one foot in depth) for each 20 feet.

DRAFT 8/29/2023

2. Walls and windows shall be located so that sight lines maximize privacy and avoid direct views into neighboring homes. Glass walls (any wall plane consisting of more than 75 percent opaque or

transparent glazed surface) that are visible from adjacent neighboring homes shall be prohibited. Sizing and placement of windows shall be offset to stagger the window placement in relation to the adjacent neighbor’s windows; or shall utilize obscured or opaque window glass, clerestory windows, or windows with higher sills. Installation of

skylights shall be tinted to avoid interior light transmission.

3. Rooftop decks are prohibited.

4. Where provided, fireplaces and chimneys shall be attached to the ADU and shall be no higher than the minimum height required per the California Building Code.

5. ADU roof eaves shall not encroach into four (4) foot side or rear setback.

6. New detached or attached accessory dwelling units shall be constructed using the same architectural style, roof pitch, exterior building materials, colors and finishes as the primary unit if the

accessory dwelling unit is attached to or located within twenty (20) feet of the primary dwelling unit.

7. Outdoor speakers, televisions or other permanent electronic entertainment features with mechanically or electronic generated noise are prohibited.

8. An exterior wall heater or air conditioning unit is permitted for an ADU and shall maintain all required minimum setbacks applicable to the ADU.

J. The ADU shall have a separate exterior entry from the primary dwelling unit.

1. The ADU exterior entry shall not be required to have a pathway connection to the street.

2. If located in the Floodplain Overlay Zone, and the ADU is required to be elevated for compliance with applicable floodplain standards, the entryway to the ADU shall be limited to the minimum width for entry access as required by the California Building Code. Should an ADU application request a greater design width than the minimum required for exterior entry per the California Building Code, then approval of an Administrative Design Review Permit for the proposed entry design shall be required in accordance with DMMC Section 23.08.035.

DRAFT 8/29/2023

3. An attached ADU is permitted to have interior access into the primary dwelling unit in addition to the required exterior entry.

K. The following identifies the maximum building height for construction of an ADU:

1. The maximum building height of a detached ADU shall not exceed 16 feet above grade.

2. Notwithstanding Section 30.91.040(K)(1), on a lot that is within one-half mile walking distance of a major transit stop or a high-quality transit corridor, as defined in Section 21155 of the Public Resources Code, the maximum building height of a detached ADU, shall not exceed 18 feet above grade.

3. The maximum building height for an ADU attached horizontally sharing a common wall with the existing primary dwelling unit at the first story level is 16 feet. The maximum building height for a proposed attached ADU that horizontally shares a common wall with the primary dwelling unit at the second story level shall not exceed 25 feet above grade, or the base zoning requirements, whichever is lower, and in no case shall exceed two stories.

4. For the purpose of Chapter 30.91, height shall be measured in accordance with DMMC Section 30.04.080(A), except on those parcels that fall entirely or partially within the special flood hazard areas

identified on the 2019 FEMA Flood Insurance Rate Map (FIRM), or its updated versions, where the height of a new ADU structure shall be measured from the required base flood elevation. The ADU shall not exceed the maximum height limitation of the applicable zone.

5. Within the Bluff, Slope, and Canyon Overlay Zone, the 14-foot maximum building height of the Overlay Zone shall apply in accordance with the provisions stated above, for consistency with the certified Local Coastal Program.

L. Exterior lighting shall be limited to the minimum necessary for compliance with California Building Code requirements. All outdoor lighting of an ADU shall be fully shielded, a maximum of 2700 Kelvin, and directed downward and away from neighboring properties and/or public rights-of-way. All exterior lighting shall be equipped with shut off controls or sensors, timers, or motion detectors. Shielded up-lighting and fixtures with an adjustable aiming angle are prohibited.

M. A side and rear setback of four (4) feet shall be required for a new ADU structure, except as follows:

DRAFT 8/29/2023

1. An existing legal non-conforming structure, such as a garage or accessory building, may be converted to an ADU and maintain the non-conforming setback, where the structure complies with the building and safety standards of the California Building Code and California Fire Code and the minimum setbacks specified in Section

30.91.040(M)(3).

2. Conversion of an existing living area or accessory structure to an ADU, that maintains the same location and dimensions of the structure, does not require additional setback requirements.

3. A new ADU structure shall comply with all street fronting setbacks of the applicable zone to provide for fire equipment access, unless necessary to accommodate placement on the property of an 800 square foot ADU, notwithstanding Section 30.91.040(G)(7). This regulation shall also apply to through lots, regardless of any relinquished vehicular access.

4. Newly constructed ADUs that abut an alley may use half the width of alley for purposes of setback calculation.

5. In all cases, including the conversion of non-habitable, legal non conforming structures noted in Section 30.91.040(M)(1), the ADU shall comply with Coastal resource protections that require the following additional setback requirements:

a. The required minimum coastal bluff setback in the Coastal Bluff Overlay Zone.

b. The required minimum Beach Preservation Initiative setback in the Beach Overlay Zone.

c. The required minimum setback in the Bluff, Slope, and Canyon Overlay Zone.

d. Any minimum setbacks required to protect wetlands, wetland habitat, and environmentally sensitive habitat or related area buffers.

e. The minimum interior side, street side, and rear yard setbacks required by the applicable zone, if necessary to protect public scenic views in compliance with the certified Local Coastal Program.

DRAFT 8/29/2023

N. In order to ensure the continuation of public access to coastal resources, where an existing garage, carport, or covered parking, is demolished or converted to an ADU, replacement off-street parking shall be required and all required off-street parking for the primary dwelling unit shall be maintained or replaced on-site.

1. The replacement parking may be covered or uncovered and may be located within a driveway or yard setback in a location with an

improved parking surface (i.e. paving, hardscape, decomposed granite, etc.)

2. The location of replacement parking shall be consistent with all wetland habitat buffers, geologic stability setbacks, and public scenic view protection regulations contained in the certified LCP.

3. The replacement parking may be provided as tandem spaces or accessible by mechanical lift (if the mechanical lift is within a garage).

O. To avoid significant impacts to public access within the Coastal Commission Appeals Jurisdiction (where public parking has been determined by the Coastal Commission to be scarce), the ADU shall provide one off-street parking space (covered or uncovered), except as follows:

1. The property on which the ADU is situated is located outside of the Coastal Commission Appeals Jurisdiction, as delineated in the Del Mar Community Plan and certified LCP.

2. The ADU would be located within the existing primary dwelling unit.

3. The ADU would be located within an existing accessory building on the property.

4. The ADU would be located on a property within a half mile walking distance of public transit, including a bus route, train station, or

paratransit service, if applicable. This exemption does not apply to those lots within the Coastal Commission Appeals Jurisdiction, as additional parking is still required on those lots to maintain coastal access.

5. The ADU would be located in a designated historic district or on a property listed in a Register of Historic Resources (local, state, or

national).

6. The ADU would be located on a property within one block of a designated car share parking location.

DRAFT 8/29/2023

P. ADUs are required to comply with the same building and safety requirements as the primary dwelling unit in accordance with the California Building Code and California Fire Code. Special construction standards that would not otherwise apply to the single dwelling unit as a whole shall not be required.

Q. An automatic residential fire sprinkler system shall not be required for an ADU if the existing primary dwelling unit does not contain such a system.

R. ADUs shall not be considered new residential uses for the purposes of calculating utility connection fees.

1. State law provides for a new or separate utility connection fee to be required for an ADU that is not contained within the existing primary dwelling unit or within an existing accessory building. The connection fee shall be proportionate to the burden of the ADU based on the ADU size and number of plumbing fixtures.

2. Conversion of floor space to an ADU within an existing structure with the appropriate meter size shall not be subject to new water and sewer connection fees.

S. For consistency with the Coastal Act, scenic views shall be protected as follows:

1. Projects shall be designed to ensure that no scenic views from public streets, roads or pedestrian trails are obstructed, unless there is no feasible alternative siting which eliminates or significantly reduces the obstruction, and that bulk and scale of the proposed structure have been minimized to the greatest extent feasible commensurate with preserving the physical characteristics of the site.

2. Protection of public views will be evaluated based on consistency with public view protection policies IV-22 through IV-27 of the City of Del Mar Local Coastal Program (LCP) Land Use Plan, as well as the appropriate setback(s) that protects public scenic views to the ocean.

3. There are no private, primary scenic view protections from an ADU, and no protection of private views from a primary residence, as a result of ADU development.

T. Any additional accessory mechanical equipment or exterior building features that are not otherwise required by Section 30.91.040, or for a dwelling unit per the California Building Code, shall be subject to Design Review in accordance with Chapter 23.08.

U. ADUs shall not be located or approved where the ADU or JrADU is located on: A beach, a wetland, seaward of the mean high tideline, in an environmentally sensitive habitat area, within a coastal bluff setback, in a

DRAFT 8/29/2023

habitat buffer, environmentally sensitive habitat area or its buffer, or in an area designated as highly scenic area as determined by the City’s certified Local Coastal Program. The ADU or JrADU development shall not create significant alterations to landforms. (See: Coastal Act section 13250) The ADU or JrADU shall not require the expansion or construction of water wells, sewer, fire protection capacities, or septic systems.

V. The owner of an ADU is encouraged to provide information to the City annually upon request for reporting to the State as to whether during the prior 12 months the ADU was rented to a tenant qualifying as low income, rented to a tenant qualifying as moderate income, occupied but not rented, or unoccupied.

W. If the ADU is proposed within a proposed structure, the development pad for the new ADU structure shall be located at a grade elevation with a slope that is no greater than 4 to 1.

X. If a proposed ADU is located on a parcel that falls entirely or partially within the special flood hazard areas identified on the 2019 FEMA Flood Insurance Rate Map (FIRM) or its updated versions, the following shall apply as a requirement for the administrative Coastal Development Permit:

1. Development shall be located and designed, including elevation and flood proofing, to minimize flood damage and avoid flood hazards including those from impacts of projected sea level rise and flooding over the anticipated lifetime of the proposed structure using the best available science on sea level projections and in consideration of applicable adaptation measures.

2. The landowner shall record a notice on the property and notice all occupants that:

a. The development is located in the Floodplain Overlay Zone (2019 FEMA FIRM or its latest version), which applies to flood prone

properties that are subject to periodic inundation due to flooding,

including projected sea level rise; and

b. The property owner and all successors in interest waive any rights under Coastal Act Section 30235 and related LCP policies to hard shoreline armoring to protect the development and indemnify the

City from any claims related to property damage or personal injury.

3. Where necessary to ensure coastal resource protection and compliance with the Coastal Act based on the site-specific context, the notice

required per Section 30.91.040.X.2 shall also reflect the following:

DRAFT 8/29/2023

a. That sea level rise and flooding could render it difficult or

impossible to provide services to the site.

b. That the boundary between public land (tidelands) and private and may shift with rising seas and the development approval does not

permit encroachment onto public trust land.

c. That additional adaptation strategies may be required in the future to address sea level rise and flooding consistent with the Coastal

Act and certified LCP.

4. The permittee shall acknowledge as a condition of permit approval that while the approved development meets all current flood safety

requirements applicable at the time of approval, the development may, in the future, be required to be removed or relocated in accordance with the certified LCP, or by updates to FEMA mapping modeling, if the Building Official determines the development becomes unsafe for occupancy due to flood hazard conditions.

Y. To aid in the prevention of loss of life, proposed ADU development on a lot that falls entirely or partially within a mapped Very High Fire Hazard Severity Zone shall demonstrate that:

1. The ADU site location has at least two emergency evacuation routes, and the Applicant shall be required to prepare an evacuation map specific to the parcel; or

2. The Applicant shall provide evidence of an equivalent measure that demonstrates that the development will have no adverse impacts to public health and safety.

30.91.050 Junior Accessory Dwelling Unit Development Regulations

A. A Junior Accessory Dwelling Unit (JrADU) is a small dwelling unit that is no more than 500 square feet in size and contained entirely within, and accessory to, an existing, or proposed, habitable primary Single Dwelling Unit pursuant to the regulations in Section 30.91.050 and California Government Code section 65852.22. The JrADU may be created within the walls of an attached garage as attached garages are considered to be within the walls of the primary dwelling unit consistent with State law.

B. A JrADU that is designed to meet all of the requirements in Section 30.91.050 shall be issued a permit in accordance with Section 30.91.030. The City is preempted by State Law from requiring any type of discretionary review, or public hearing, except for an Administrative Coastal Development Permit where required in accordance with Section 30.91.030(C)(5).

DRAFT 8/29/2023

C. A maximum of one JrADU is permitted per lot developed with a single dwelling unit and located in a single dwelling unit residential zone that allows JrADUs as identified in Section 30.91.020.

1. A JrADU shall not be permitted in a multiple dwelling unit, mixed use, or non-residential zone or on a lot with multiple dwelling unit development.

2. A JrADU shall be permitted only within the walls of a primary single dwelling unit, which can include an attached garage.

3. A lot with a JrADU may also contain a detached ADU on the lot in accordance with Section 30.91.040(B).

4. A JrADU shall not be permitted within a detached structure.

5. The maximum floor area ratio of a lot shall not prohibit development of a JrADU within the walls of the primary dwelling unit. Relocation of any converted square footage from the footprint of the JrADU to another location on the lot shall be subject to the maximum floor area ratio, lot coverage, and permit process of the base zone(s).

D. A JrADU shall be constructed entirely within the walls of an existing or proposed primary single dwelling unit and shall include the following:

1. A separate exterior entry to the primary dwelling unit that is separate from the main entrance;

2. A cooking facility with appliances, and a food preparation counter and storage cabinets that are reasonable to the size of the unit; and

3. Access to a bathroom within the JrADU or the primary dwelling unit.

4. Although JrADUs are required to be within the walls of the primary dwelling unit, they are not required to have an interior connection to the primary dwelling unit.

E. Post January 2025, the property owner shall reside on the property in either the primary dwelling unit or in the JrADU, unless the property is owned by a governmental agency, land trust or non-profit housing organization. The requirement for the property owner to reside in either the primary dwelling unit or in the JrADU shall also apply to properties developed with an ADU and JrADU.

F. The JrADU may be rented, but shall not be sold or conveyed separately from the primary dwelling unit, nor shall authorization be granted for a condominium conversion of a JrADU. If rented, the term for rental shall be for a term longer than 30 consecutive days.

DRAFT 8/29/2023

G. In order to ensure the continuation of public access to coastal resources, where an existing garage, carport, or covered parking, is demolished or converted to a JrADU, replacement off-street parking shall be required and all required off-street parking for the primary dwelling unit shall be maintained or replaced on-site.

H. A JrADU shall not be considered a separate or new dwelling unit for the purpose of any fire or life safety regulation. Fire or life safety requirements that apply to a single dwelling unit may be applied to the structure as a whole inclusive of the JrADU. Special construction standards that would not otherwise apply to the single dwelling unit as a whole shall not be required for the JrADU.

I. An automatic residential fire sprinkler system shall not be required for a JrADU if the existing primary dwelling unit does not contain such a system.

J. A primary dwelling unit with the appropriate meter size shall not be subject to new water and sewer connection fees for conversion of existing floor space to a JrADU.

K. There are no private, primary scenic view protections from a JrADU.

L. The owner of a JrADU is encouraged to provide information to the City annually upon request for reporting to the State as to whether during the prior 12 months the JrADU was rented to a tenant qualifying as low income, rented to a tenant qualifying as moderate income, occupied but not rented, or unoccupied.

M. If a proposed JrADU is subject to approval of an Administrative Coastal Development, and is located on a parcel that falls entirely or partially within the special flood hazard areas identified on the 2019 FEMA Flood Insurance Rate Map (FIRM) or its updated versions, the permit approval shall be subject to the requirements in Section 30.91.040.X.

30.91.060 Regulations for ADUs on Lots with Multiple Dwelling Units

A. In a zone that allows two primary dwelling units per lot, a lot with two existing dwelling units is allowed up to two ADUs in accordance with the regulations in Section 30.91.040 and the following:

1. One ADU within the walls of the existing primary dwelling unit; or

2. One ADU attached horizontally sharing a common wall with the existing primary dwelling unit at the first story level at a maximum height not to exceed 16 feet above grade; or

DRAFT 8/29/2023

3. One detached ADU per primary dwelling unit at a maximum height not to exceed 16 feet above grade.

4. The two ADUs shall not be attached to each other.

B. On a lot where multiple dwelling units are located within an existing structure that contains three or more dwelling units or within multiple structures that contain three or more dwelling units, the property owner shall be permitted to convert existing spaces within each multiple dwelling unit structure to ADUs as follows:

1. The maximum number of ADUs permitted in accordance with Section 30.91.060(B) shall not exceed 25 percent of the total number of existing dwelling units on the lot.

2. The existing space to be converted to an ADU shall not be located within, or solely owned or controlled by, an individual dwelling unit on the multiple dwelling unit lot.

3. Conversion of the space shall comply with the California Building Code Standards for a dwelling unit; unless inconsistent with State law.

4. Conversion of the space would not be in conflict with the existing permits applicable to the property by removing required access, open space, or recreation amenities.

C. Up to two detached ADUs are permitted on a lot with existing multiple dwelling units in addition to the ADUs allowed within the existing multiple dwelling unit structure per Section 30.91.060(B) subject to the following:

1. The City shall accommodate proposed ADUs meeting the universal size provision of at least 800 square feet in size, unless the California Coastal Act supersedes this minimum size requirement due to impacts to

protected coastal resources or otherwise impedes public access to the coast. In such a case, the City will prepare written findings and, where applicable, mitigation measures to alleviate such impacts as necessary to accommodate ADUs at least 150 square feet in size that meet the definition of an efficiency unit as defined per California Government Code Section 65852.2(c)(2)(A).

2. The maximum height of a detached ADU shall be 16 feet above grade.

3. A detached ADU shall comply with the required street fronting setbacks of the applicable zone, but otherwise may be located within 4 feet of the side

DRAFT 8/29/2023

or rear property lines, except that in all cases, including conversion of non habitable, legal, non-conforming structures noted in Section

30.91.040(M)(1), the ADU shall comply with the following additional setback requirements.

a. The required coastal bluff setback in the Coastal Bluff Overlay Zone.

b. The required Beach Preservation Initiative setback in the Beach Overlay Zone.

c. The required setback in the Bluff, Slope, and Canyon Overlay Zone.

d. Any setbacks required to protect wetlands, wetland habitat,

coastal access, and environmentally sensitive habitat area

buffers.

e. Per the City’s LCP, the interior side and rear yard setbacks

required by the applicable zone, if necessary to protect public

scenic views to the ocean.

D. All ADUs developed in accordance with Section 30.91.060 shall also comply with the standards in Section 30.91.040, unless explicitly stated otherwise. Where designed accordingly, proposed ADUs on lots with multiple dwelling units shall be issued a permit in accordance with Section 30.91.030.

30.91.070 Incentive Program

A. In order to encourage the use of ADUs to provide housing for lower income households, as defined by the California Department of Housing and Community Development, the City has an incentive program available. Incentives shall be granted to property owners who commit to record a deed restriction, covenant, and/or similar instrument that limits the use and occupancy of the ADU based on restricted income limits and applicable rental rates for a low-income household as established annually by the State of California.

B. The incentives may include fee waivers or refunds and other incentives adopted by Ordinance in addition to the following planning and zoning incentives:

1. On lots with single dwelling unit or duplex development (attached or unattached), one bonus unit of a maximum 500 square feet in size JrADU shall be awarded as a means to help the property owner offset the investment needed to create the rent restricted ADU. The bonus unit must comply with the provisions set forth in Section 30.91.050. Notwithstanding Section 30.91.050(A), a bonus unit may be developed as a JrADU in

DRAFT 8/29/2023

multiple dwelling unit zones for the purposes of the Incentive Program. In addition, a 500 square foot FAR bonus shall be awarded.

2. On lots with multiple dwelling unit development containing three or more primary dwelling units in the RM zone, R2 zone, and commercial zones, shall be awarded bonus units (ADUs and/or JrADUs) at a percentage that is proportional to help offset the cost associated with creation of rent restricted units.

a. Owners shall identify and designate by deed restriction, covenant, and/or similar instrument each new deed restricted low-income unit to be created on-site, which may include a combination of any

existing dwelling units and/or any new units developed per the

Incentive Program.

b. Development of the bonus units must comply with the objective standards in Sections 30.91.060 and 30.91.050 except as follows:

i. New bonus units shall be located either within the walls of

existing structures on-site within converted or re-purposed

space and/or consolidated and co-located within a maximum

of one new structure developed in compliance with

protections of the certified LCP for public scenic views,

environmentally sensitive habitat areas, and minimum

setbacks, maximum height, and parking standards of the

applicable base zone and overlay zones. Bonus unit

development shall be exempt from the Floor Area Ratio

(FAR) and lot coverage limits of the zone.

ii. Notwithstanding Section 30.91.050(A), bonus units may be

developed as a JrADU in multi dwelling unit zones for the

purposes of the Incentive Program.

iii. Properties with existing non-conforming density shall be

eligible for the Incentive Program if the property has an on

site property manager.

iv. A maximum of 15 bonus units shall be awarded per project.

3. All applications for participation in the City’s Incentive Program shall be subject to approval of an Administrative Coastal Development Permit processed in accordance with Section 30.91.030.

30.91.080 Amnesty Program

DRAFT 8/29/2023

To encourage owners with existing, unpermitted ADUs as of April 15, 2021, to obtain permits and formally legalize their units, the City has established a program whereby all applications for participation in the City’s ADU Amnesty Program shall be subject to approval of an Administrative Coastal Development Permit processed in accordance with Section 30.91.030.

30.91.090 Severability

Should a court of competent jurisdiction determine that these regulations are void or if certain terms or provisions are voided, then those regulations shall either become void in their entirety, or where the courts have determined that certain terms or provisions are void by operation of the law, then those terms and provisions shall have no force or effect.

About - License # 595872

Where to Find Us

Follow Us