Client Login

New Incentives for Tiny Houses Coming to Del Mar!

del mar tiny home

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.

10 

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. 

11 

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.

12 

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:

13 

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.

14 

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.

15 

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:

16 

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.

17 

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.

18 

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 

19 

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:

20 

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).

21 

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.

22 

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

23 

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 

24 

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 

25 

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

26 

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.

 

27