The purpose of this Chapter is to provide regulations and procedures for the establishment of Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling 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 Section 66310 (et seq.) as amended, 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.

(Ord. No. 1002, § 6, 12-18-2023; Ord. No. 1017, § 2, 5-19-2025)

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 non-residential zones, except the Beach Commercial and Visitor Commercial Zones, if the tiny home is 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.

(Ord. No. 1002, § 6, 12-18-2023; Ord. No. 1017, § 3, 5-19-2025)

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 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 canopy dripline 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. This includes plan details for proposed development that includes partial or full demolition of an existing structure on-site to accommodate the ADU, which may include partial demolition of the existing residence or demolition of an existing garage, carport, or other accessory 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.

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.

(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:

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 23.08) 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.

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.

Approval of an ADU 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 65852.21 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.

2.

A proposed ADU or JrADU development is exempt from an Administrative Coastal Development Permit where it is:

a.

Created through conversion of entirely existing legally established habitable space contained in an existing primary structure that will not involve removal or replacement of major structural components (e.g., roofs, exterior walls, or foundations); or

b.

Directly attached to an existing single-family residence, if the ADU otherwise qualifies as exempt development pursuant to Section 13250 of the Coastal Commission's regulations.

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.

Consistent with the public participation provisions found in the City's certified LCP, a Notice of Application informing the public of the filing of an application for an Administrative Coastal Development Permit for an ADU shall be posted at the project site on a notice card provided by staff of the City of the City of Del Mar Department of Planning and Community Development. The notice of application shall advise interested persons that plans are available for public review at Del Mar City Hall. The notice, however, will stipulate that the application is required to be administratively approved by the Department of Planning and Community Development and that no public hearings will be held.

b.

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.

c.

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.

(ii)

Notice shall be transmitted by any acceptable delivery means pursuant to state law to the San Diego Coast District office 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.

d.

Within five (5) working days of a final decision of approval or denial by the Planning and Community Development Director, the notice of final action shall be transmitted by any acceptable delivery means pursuant to state law to the San Diego Coast District office of the Coastal Commission and provided to any interested parties who requested notice in writing in accordance with Section 30.75.100.

e.

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 San Diego District office of 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 residential 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 building 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, and shall include notification to all occupants of any overlay zones in which the property is located. The deed restriction shall include information regarding the sale, occupancy, and rental of the unit, consistent with State law.

J.

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

(Ord. No. 1002, § 6, 12-18-2023; Ord. No. 1017, § 4, 5-19-2025)

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 Section 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.

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 dwelling unit 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.

1.

The ADU shall be designed to comply with Government Code Section 66314, as amended, 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.

All new residential development must provide adequate access for emergency response equipment and personnel to ensure public safety for its residents. Consistent with fire protection access requirements applicable to all residential development in the City, a minimum of six feet between any buildings shall be maintained.

5.

In accordance with Section 30.91.030(I), 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, including notification to all occupants of any overlay zones in which the property is located. The deed restriction shall include information regarding the sale, occupancy, and rental of the unit, consistent with State law.

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 66341, as amended, 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 66315, as amended.

G.

In accordance with California Government Code Section 66321(b)(3), as amended, 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:

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. The total floor area of an attached accessory dwelling unit shall not exceed 50 percent of the primary dwelling or 800 square feet if the primary dwelling is less than 1,600 square feet.

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 and the provisions of the certified LCP, 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 approve a proposed ADU meeting the universal size provision of at least 800 square feet in size, unless the project would result in impacts to coastal resources or public access protected by the LCP, in which 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 by California Government Code Section 66313, as amended.

8.

The proposed conversion or relocation of square footage from the footprint of an existing ADU 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), unless the proposed development is necessary to accommodate development of a proposed ADU 800 square feet in size.

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.

2.

Walls and windows shall be located so that sightlines 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. When staggering or offset of the window cannot be achieved, the project 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, including those accessed from a second story ADU, 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 and shall not project into any required yard setback area.

5.

The ADU, including roof eaves, cantilevered portions or overhangs shall not encroach into the required four (4) foot side or rear setbacks.

6.

New detached or attached accessory dwelling units shall be constructed using the same architectural style, roof pitch, exterior building materials, paint colors and finishes as the primary unit, including but not limited to siding, windows, doors, roofing, light fixtures, hardware, and railings, if the accessory dwelling unit is attached to or located within twenty (20) feet of the primary dwelling unit.

7.

The foundation and underside of new detached or attached ADUs shall be fully screened with compatible materials and colors as the primary unit.

8.

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

9.

An exterior wall heating, ventilation, or air conditioning (HVAC) unit is permitted for an ADU if it maintains all required minimum setbacks applicable to the ADU. Consistent with other residential development in the City, the HVAC shall be fully screened from the public right-of-way and adjacent properties and compliant with the Chapter 9.20 Noise Regulations.

10.

Consistent with screening requirements for other residential development:

a.

Roof penetrations such as stacks, vents, and other roof-mounted equipment shall be located away from view from the public right-of-way. All flashing, sheet metal, vents and pipe stacks shall be painted to match the adjacent roof or wall material.

b.

Equipment such as backflow preventers shall be screened from public view if located in a street yard setback.

c.

All ground mounted mechanical equipment shall be completely shielded to eliminate noise and shall be screened from view by adjacent properties by use of a wall, view-obscuring fencing and/or landscaping, or enclosed within a building. Screening walls shall be designed to be architecturally consistent with the building design and materials.

d.

Areas for trash containers shall be incorporated into the building design and located within a garage or fully screened from public view with walls and landscaping and secured with a lid if the top of the trash bin is not fully covered by the walls. Trash container storage shall be located at the rear or the interior side yard of a property.

11.

Consistent with standards for other residential development, all fences and walls, including retaining walls, are subject to the following objective standards in compliance with Section 30.86.090. Fences and walls that are not part of the ADU structure or necessary to demonstrate compliance with the applicable ADU development standards require permit review and processing in accordance with applicable Municipal Code standards.

a.

Retaining walls outside of the building footprint shall be at least four feet from a building wall and shall be fully landscaped and/or provide for a walkway adjacent to the home.

b.

The distance between two terraced retaining walls shall be, at a minimum, the average height of the two walls. Retaining walls shall not exceed four feet in height. The horizontal area between two retaining walls shall be vegetated.

c.

Retaining walls, block walls, and planters shall be designed with stone, native, or natural appearing materials such as, but not limited to, split face or stone veneer and shall not be unfinished concrete masonry units (CMU) block.

d.

Fences and walls shall follow the natural site topography.

e.

Retaining walls shall be earth tone colors that match the surrounding natural hues of the hillsides. Use of colors that contrast with the surrounding natural terrain such as white are prohibited. Earth tone is defined as a color scheme that draws from a color palette of browns, tans, warm grays, and greens. The colors in an earth tone scheme are muted and flat in an emulation of the natural colors found in dirt, moss, trees, and rocks.

f.

Any perimeter fencing on hillside properties shall be visually open with the use of split rail, picket post, or cable.

g.

Chain-link fencing is prohibited unless it can be fully screened from view with landscaping or is not visible for the public right-of-way or adjacent properties. If chain-link is proposed, it shall be vinyl coated in black or other dark color that matches the natural terrain.

12.

Consistent with hardscape and driveway requirements for other residential development:

a.

Hardscape for access to parking areas shall have one unobstructed, permanently surfaced driveway not less than 10 feet in width and shall not exceed a total maximum of 20 feet along all abutting street lines. The finished grade of a new driveway for the ADU shall not exceed 15 percent, unless designed with Portland Cement Concrete (PCC) surface that incorporates a deep broom finish perpendicular to the direction of travel. Maximum grade shall not exceed 20 percent.

b.

Line of sight visibility shall be retained for public safety in accordance with Engineering standards. No wall, structure, plant material, or other object that exceeds 42 inches shall be erected or placed within a triangular area formed by measuring 10 feet from an intersecting driveway, street, or alley in a manner as to obstruct or impede vision for automobiles.

c.

Existing vehicular access and curb cuts shall remain in the existing locations and may be redesigned only if this standard would preclude the construction of an ADU less than 800 square feet.

d.

Circular driveways are prohibited.

13.

In accordance with the certified Local Coastal Program, new construction shall retain native landscaping and vegetation where possible. The ADU shall not be located within the tree canopy dripline of an environmentally "Protected Tree" native to Del Mar (Monterey Cypress and Torrey Pine Species). If ADU development within the tree canopy dripline protection area for a Protected Tree is necessary to accommodate an 800 square foot ADU, the owner would be subject to compliance with applicable tree removal permit procedures, mitigation, and/or penalties as identified in the City's Tree Ordinance in DMMC Chapter 23.50. All proposed landscaping for the ADU shall comply with DMMC Chapter 23.60 (Water Efficiency Landscape Ordinance) and any landscape plan requirements applicable to the lot at the time of application.

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.

Consistent with other residential development in the City, 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.

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.

Attached ADUs must share a common wall horizontally with the primary dwelling unit. The maximum height for attached ADUs in single dwelling unit zones is as follows:

a.

For consistency with local conditions and the certified LCP, attached ADUs in single dwelling unit zones shall be proposed at the first story level if sufficient buildable area is available on the first story level of the lot. 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.

b.

Attached ADUs may be proposed at a second story level only if there is not sufficient buildable area available on the lot and if necessary to accommodate an ADU up to 800 square feet on the lot as an alternative that minimizes potential impacts to the greatest extent in compliance with the certified LCP. The maximum building height for a proposed attached ADU that horizontally shares a common wall with the primary dwelling unit at a 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.

Consistent with other residential development in the City and 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. Consistent with other residential development, 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 and shall be certified Dark Sky Friendly by the Fixture Seal of Approval program of the International Dark Sky Association. 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.

Where an accessory dwelling unit is attached to a nonconforming residential structure that is nonconforming with regard to geologic setbacks, public view encroachment, coastal access, or wetland and habitat preserve buffers, and where development of the accessory dwelling unit will result in redevelopment of the nonconforming structure, the City shall require the correction of these nonconforming conditions in the redeveloped structure consistent with the standards for approval of a new ADU in accordance with Section 30.91.040.

For purposes of this section, redevelopment shall mean alterations to the residential structure resulting from construction of the accessory dwelling unit that consist of (1) additions to an existing structure, or (2) exterior or interior renovations, or (3) demolition or replacement of an existing principal structure, or portions thereof, any of which results in replacement (including demolition, renovation or alteration) of 50 percent or more of major structural components including exterior walls, floor, roof structure or foundation, or a 50 percent increase in gross floor area.

N.

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

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(N)(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(N)(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 as required by DMMC Chapter 30.55.

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, steep slopes, 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.

O.

The parking requirements for ADUs are provided in Section 30.91.040(O) and (P). 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 only if the loss of the off-street parking supply has a significant effect on public access to the shoreline.

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, environmentally sensitive habitat buffers, steep slope and 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).

4.

No off-street parking requirements apply to any ADUs proposed within one-half mile of a major transit stop regardless of whether the ADU would be located within the Commission's appellate jurisdiction.

P.

The following parking requirements are specific to properties located along the shoreline or on the hillside within areas of high wildfire risk:

1.

The ADU shall provide one off-street parking space (covered or uncovered), except as follows:

a.

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.

b.

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

c.

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

d.

The ADU would be located on a property within one-half mile walking distance of public transit, including a bus stop, train station, or paratransit service, if applicable. This exemption does not apply to those lots within the Coastal Commission Appeals Jurisdiction where the on-street parking supply has a significant effect on public access to the shoreline.

e.

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).

f.

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

2.

To ensure public safety and emergency access, proposed ADUs located on a site with access from a street with an improved street width 20 feet or less shall provide one off-street parking space for the ADU. The off-street parking space may be located within a driveway or yard setback in a location with an improved parking surface (i.e., paving, hardscape, decomposed granite, etc.) or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions. Off-street parking shall not be located within a steep slope, wetland, geological setback, or other environmentally sensitive habitat area.

Q.

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. Pursuant to the California Code of Regulations Section 13250 and Public Resources Code Section 30610(a), a proposed ADU or JrADU development shall not be eligible for ministerial approval if it includes improvements to expand or construct water wells, sewer, fire protection capacities, or septic systems, which is a class of development that requires a discretionary coastal development permit per the Coastal Act because it involves a risk of adverse environmental effects.

R.

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.

S.

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.

T.

For consistency with the certified LCP, scenic views shall be protected as follows:

1.

Projects shall be designed to ensure that no scenic views from public vantage points 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.

U.

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

V.

ADUs shall not be located or approved where the ADU is located on: a beach, a wetland or its buffer, seaward of the mean high tideline, in an environmentally sensitive habitat area or its buffer, within a coastal bluff setback, or in an area designated as highly scenic area as determined by the City's certified Local Coastal Program.

W.

The owner of an ADU is requested 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.

X.

Pursuant to the California Code of Regulations Section 13250 and Public Resources Code Section 30610(a), ADU development shall not create significant alterations to landforms, which is a class of development that requires a discretionary coastal development permit because it involves a risk of adverse environmental effects. The following objective standards apply to proposed ADU development for protection of the public health and safety through the regulation of excavation and grading and protection of steep slopes and coastal resources consistent with the certified Local Coastal Program:

1.

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.

2.

Proposed ADU development shall not encroach within a "substantially steep slope" which is defined as a slope with a slope gradient of 25% or greater and an elevation differential of at least 20 feet between the top and bottom of the slope area.

3.

Proposed ADU and development shall be located at least 20 feet from the top edge of a substantially steep slope and at least 10 feet from the bottom of a substantially steep slope. The ADU development shall not be permitted to overhang the steep slope or the required steep slope setback.

4.

Proposed grading and excavation shall be minimized to the greatest extent feasible and limited to the area required for the ADU. Proposed grading shall be limited to a quantity of 200 cubic yards of cut and fill quantities combined. Any grading outside of the ADU structure footprint shall be subject to the requirements and procedures identified in Chapter 23.33 (Land Conservation Permit).

5.

The design and placement of the ADU shall preserve the natural topography and physical characteristics of the site. To protect coastal resources and reduce wildfire impacts consistent with requirements for other residential development, ADU development shall not be located at the crest, ridgeline, or top of a hill. ADUs shall not project above the peak of the ridgeline.

Y.

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 with consideration of sea level rise.

2.

Proposed development shall comply with the certified Local Coastal Program.

Z.

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.

(Ord. No. 1002, § 6, 12-18-2023; Ord. No. 1017, § 5, 5-19-2025)

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 a public hearing.

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.

G.

Where a junior accessory dwelling unit is created within a nonconforming residential structure that is nonconforming with regard to geologic setbacks, public view encroachment, coastal access, or wetland and habitat preserve buffers, and where development of the junior accessory dwelling unit will result in redevelopment of the nonconforming structure, the City shall require the correction of these nonconforming conditions in the redeveloped structure consistent with the standards for approval of a new JrADU in accordance with Section 30.91.050.

For purposes of this section, redevelopment shall mean alterations to the residential structure resulting from construction of an accessory dwelling unit or junior accessory dwelling unit that consist of (1) additions to an existing structure, or (2) exterior or interior renovations, or (3) demolition or replacement of an existing principal structure, or portions thereof, any of which results in replacement (including demolition, renovation or alteration) of 50 percent or more of major structural components including exterior walls, floor, roof structure or foundation, or a 50 percent increase in gross floor area.

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 requested 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 Permit, 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.Y.

(Ord. No. 1002, § 6, 12-18-2023; Ord. No. 1017, § 6, 5-19-2025)

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

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.

5.

For consistency with local conditions and the certified LCP, ADUs shall be proposed at the first story level. An ADU may be proposed at a second story level only if there is not sufficient buildable area available on the lot; and if necessary to accommodate an alternative that minimizes potential impacts to the greatest extent in compliance with the certified LCP. The maximum possible square footage shall be placed at the first story level.

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 66313, as amended.

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 or rear property lines, except that in all cases, including conversion of non-habitable, legal, non-conforming structures noted in Section 30.91.040(N)(1), the ADU shall comply with the following additional setback requirements.

a.

The coastal bluff setback in the Coastal Bluff Overlay Zone as required by Chapter 30.55.

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, steep slopes, 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.

(Ord. No. 1002, § 6, 12-18-2023; Ord. No. 1017, § 7, 5-19-2025)

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 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, steep slopes, 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.

(Ord. No. 1002, § 6, 12-18-2023)

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.

(Ord. No. 1002, § 6, 12-18-2023)

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.

(Ord. No. 1002, § 6, 12-18-2023)