The provisions of this chapter shall be known as the "Accessory
Use Regulations." The purpose of these provisions is to establish
the relationship among the principal and accessory uses and the criteria
for regulating accessory uses.
In addition to the principal uses expressly included in the use regulations, each zone subject to such use regulations shall be deemed to include such accessory uses which are specifically identified by these accessory use regulations; and such other accessory uses which are necessarily and customarily associated with, and are appropriate, incidental and subordinate to, such principal uses. When provided by these regulations, it shall be the responsibility of the Director to determine if a proposed accessory use is necessarily and customarily associated with, and is appropriate, incidental, and subordinate to the principal use, based on the Director's evaluation of the resemblance of the proposed accessory use to those uses specifically identified as accessory to the principal uses and the relationship between the proposed accessory use and the principal use. Such determinations which are made by the Director shall be subject to the appeal procedure of this Code pursuant to Chapter
1.12.
(Ord. 2022-07)
Accessory uses shall be controlled in the same manner as the
principal uses within each zone, except as otherwise provided by these
regulations.
Subject to the restrictions and limitations specified, the following
accessory buildings and uses shall be permitted in zones where residential
and agricultural use types are permitted:
A. Private
Garages, Attached.
1. Total
area not to exceed 1,000 square feet or 50% of living area of the
principal residence, whichever is less. A garage area of 480 square
feet is permitted regardless of the living area of the principal residence.
2. May
be two stories if second floor is an integral part of principal residence
or approved accessory apartment, guest house, accessory living quarters,
or farm employee housing.
3. Additional
area may be permitted by issuance of a minor use permit.
B. Private
Garages, Detached.
1. The
total area of a detached garage shall not exceed 1,000 square feet
or 50% of the living area of the principal residence, whichever is
less. A detached garage area of 480 square feet is permitted regardless
of the living area of the principal residence.
2. When located within the side yard or rear yard setback in accordance with Section
30.16.010E of this title, detached garages shall be limited to one story and shall not exceed 12 feet maximum height, except that roofs pitched not less than 3:12 may extend an additional two feet to a maximum 14 feet to peak of roof. Detached garages that comply with the main building setbacks shall be limited to two stories and shall not exceed 24 feet maximum height.
3. Additional area, height and story, not to exceed the height and story limits outlined for residential structures (see Section
30.16.010B6 of this title) may be permitted by issuance of a minor use permit.
C. Children's Playhouses, Patios, Porches, Gazebos, etc. See Section
30.16.010E for regulations.
D. Radio
and Television Receiving Antennas, Dish Antennas, Flag Poles.
1. Radio
antennas shall have a maximum height of 100 feet and shall not be
subject to design review. Height increases above 100 feet may be approved
subject to a minor use permit.
2. Television receiving antennas and flag poles shall be limited to a maximum height of 30 feet for nonresidential zones and subject to the height standards for residential zones (Section
30.16.010B6).
3. Satellite antennas shall meet the standards of design review regulations identified in Section
23.08.090.
E. Greenhouses.
In all residential use zones, greenhouses are limited to 450 square
feet unless a minor use permit is approved to increase the size.
F. Silos,
Windmills and Tank Houses. Maximum height of 26 feet.
G. Detached
Storage Buildings, Workshops, Hobby Shops, Recreation Rooms and Other
Similar Uses (Nonbusiness or Nonagricultural Purposes).
1. Area
for any one detached building is not to exceed 450 square feet. When
on the same lot as a detached private garage all uses, together, shall
not exceed 1,200 square feet or 50% of the living area of the principal
residence, whichever is less.
2. When located within a required interior side or rear yard setback area in accordance with Section
30.16.010E of this title, detached structures shall be limited to one story and shall not exceed 12 feet maximum height. Roofs pitched not less than 3:12 may extend an additional two feet to a maximum 14 feet, to peak of roof.
3. Detached accessory structures, other than those structures otherwise regulated within this chapter, that meet all of the required main building setbacks and that do not project into any required setback area may have building height and story as outlined for residential structures. (See Section
30.16.010B6.)
4. Additional area may be permitted by issuance of a minor use permit. When located within or projecting into a required interior side or rear yard setback area, additional height and story, to a maximum of the building height and story allowed for residential structures (see Section
30.16.010B6), may be permitted with the issuance of a minor use permit.
H. Barns
and agricultural storage buildings shall be limited as follows:
1. In
residential (except zones requiring one acre minimum), a maximum floor
area of 450 square feet and one story not to exceed 12 feet in height.
When on same lot as a detached private garage, workshop and/or storage
building, all uses, together, shall not exceed 1,200 square feet or
25% of the living area of the principal residence, whichever is greater.
In residential zones (requiring one-acre minimum), a maximum floor
area of 1,000 square feet where the lot is less than two acres, 2,000
square feet where the lot is two to five acres, an additional 200
square feet is permitted for each acre over five acres to a maximum
of 5,000 square feet. Two stories are permitted if the structure meets
the main building setbacks, provided the height does not exceed 24
feet.
2. Additional
area, height and story may be permitted by issuance of a minor use
permit, not to exceed the limits specified by the applicable regulations.
I. Offices.
Offices in conjunction with agricultural, institutional or other nonresidential
use. Limited to one story and 12 feet maximum unless greater height
is permitted by a minor use permit.
K. Guest
House. A guest house is permitted only as follows:
1. In
any residential zone, one detached guest house is permitted on a lot
or building site which has an area of not less than 10,000 square
feet. Guest houses are not permitted in other zones.
2. The guest house shall have a maximum floor area of 640 square feet, and shall meet the main building setbacks for the residential zone in which the site is located. Guest houses exceeding 640 square feet are permitted upon issuance of a minor use permit. A guest house maintaining building setbacks for detached accessory structures, in conformance with Section
30.16.010E of the Municipal Code, is permitted upon issuance of a minor use permit. A guest house which does not meet setbacks for either main buildings or detached accessory structures is prohibited unless findings for a variance pursuant to Chapter
30.78 are made and a setback reduction variance is granted.
3. No
kitchen facilities or laundry facilities are allowed within the guest
house.
4. The
guest house shall only be occupied on a temporary basis (no more than
30 consecutive days) and shall not be rented or otherwise used as
a separate dwelling.
5. Prior
to issuance of a building permit for a guest house the owner shall
submit a notarized recorded copy of an agreement between the owner
and the City of Encinitas on a form supplied by the Department of
Community Development. Said agreement shall state that the owner understands
and declares that the guest house is only to be occupied on a temporary
basis (no more than 30 consecutive days) and will not be rented or
otherwise used as a separate dwelling. The agreement shall also include
provisions stating that the owner consents to inspection of the premises
by the code enforcement officer in order to verify the terms of the
agreement.
L. Home
Occupations. Home occupations shall be permitted in compliance with
the following conditions:
1. There
shall be no exterior evidence of the conduct of a home occupation
out of character with the normally appropriate appearance of the dwelling.
2. A
home occupation shall be conducted entirely within a dwelling, or
a garage.
3. Electrical
or mechanical equipment which creates visible or audible interference
in radio or television receivers or causes fluctuations in line voltage
outside the dwelling unit shall be prohibited.
4. Only
the residents of the dwelling unit may be engaged in the home occupation
except by a temporary minor use permit, exception being cottage food
operation.
5. There
shall be no on-premises sale of goods not produced on the premises.
6. The
establishment and conduct of a home occupation shall not change the
principal character or use of the dwelling unit involved.
7. There
shall be no signs other than those permitted by this chapter.
8. The
required residential off-street parking shall be maintained.
9. A
home occupation shall not create vehicular or pedestrian traffic in
excess of that which is normal for the zone in which it is located.
10. A cottage food operation, as defined in the California Homemade Food
Act, shall comply with California
Health and Safety Code Section 113758.
M. Dog
and Cat Keeping. The keeping of dogs and cats, but not including kennels.
N. Roadside
Sales of Agricultural Products. Operation of a stand, not to exceed
an area of 200 square feet, for the display and sale, by the occupant
of the premises, of agricultural products produced on the premises.
Agricultural products produced off-site may be displayed and sold
from the stand. The stand shall not be closer than 15 feet to any
street or highway and shall be permitted subject to an agriculture
permit.
O. Wild
Animal Keeping. The keeping of not more than one wild animal for which
a wild animal permit is required and has been issued pursuant to this
Code.
P. Earthworms.
The raising of earthworms provided that:
1. No
sales are advertised or made on the premises unless permitted by the
use regulations.
2. Odors
and/or fly-breeding are not greater than customarily found at a well-maintained
residence.
Q. Retail
Sales of Stable Gear. The retail sale of stable gear, provided that
such sales are incidental and subordinate to the use of conforming
public stables or equestrian facilities on the premises, and there
is no exterior advertising of the accessory use. No such accessory
use shall occupy more than 10% or not to exceed 1,000 square feet,
whichever is less, of the total floor area of enclosed building permitted
by right and devoted to such public stable or equestrian facility.
Where such public stables or equestrian facilities are permitted by
use permit, the total floor area of the accessory use shall be regulated
by such permit.
R. Qualified
Employee Housing. The Employee Housing Act allows for flexibility
in housing types for employee housing, including conventional and
nonconventional structures, such as: living quarters, boardinghouse,
tent, bunkhouse, mobilehome, manufactured home, recreational vehicle
and travel trailers. The laws and regulations governing these structures
depends on the housing type; however, all qualified employee housing
must comply with: the Employee Housing Act (
Health and Safety Code
Section 17000 et seq.) and the Employee Housing Regulations (Title
25—Housing and Community Development), which outline specific
requirements for the construction of housing, maintenance of grounds,
buildings, sleeping space and facilities, sanitation and heating;
and the provisions of this section. Qualified employee housing for
seven or more employees is a permitted accessory use in conjunction
with an approved permitted agricultural use provided that:
1. The
number of living units or beds is reasonably related to the number
of agricultural employees required for agricultural operations on
the parcel on which the qualified employee housing is located, however,
should not consist of more than 36 beds in a group quarters or 12
units or spaces designed for use by a single family or household.
2. Qualified
employee housing– seven or more employees shall be occupied
only by agricultural employees (and the members of the employee's
household as permitted by HCD) engaged in agricultural labor and shall
not be otherwise occupied or rented.
3. All
temporary or permanent structures that contain qualified employee
housing shall meet the setback, lot coverage, height, and other development
standards applicable to the zone in which it is located.
4. Parking shall be provided in accordance with Section
30.54.030, unless the applicant provides substantial evidence demonstrating that the actual parking need is lower, subject to the approval of the Development Services Director.
5. Qualified
employee housing shall comply, as applicable, with the following:
(1) Employee Housing Act (California
Health and Safety Code Sections
17000—17062); (2) Mobilehome Parks Act (California Health and
Safety Code Sections 18200—18700); and Special Occupancy Parks
Act (California
Health and Safety Code Sections 18860—18874),
as may be amended from time to time.
6. Qualified
employee housing shall be reviewed and approved subject to the same
requirements as other permitted agricultural uses within the same
zone.
7. If
an existing agriculture use does not have a required permit, a permit
for both the agricultural use and qualified employee housing must
be obtained.
8. Within
30 days after approval from the City of Encinitas for qualified employee
housing, the applicant shall record in the office of the County Registrar-Recorder/County
Clerk a covenant running with the land for the benefit of the City
of Encinitas, declaring that the qualified employee housing will continuously
be maintained as such in accordance with Title 30 of the Encinitas
Municipal Code and also that:
a. The applicant shall obtain and maintain, for as long as the qualified
employee housing is operated, the appropriate permit(s) from State
Department of Housing and Community Development (HCD) pursuant to
the Employee Housing Act and the regulations promulgated thereunder;
b. The improvements required by the City of Encinitas related to the
qualified employee housing shall be constructed and/or installed,
and continuously maintained by the applicant;
c. The applicant shall submit the annual verification form to the Development
Services Director as required by this section; and
d. Any violation of the covenant and agreement required by this section shall be subject to the enforcement procedures of Chapter
1.08 of the Encinitas Municipal Code.
9. The
property owner shall: (1) complete and submit to the Development Services
Director a verification form no later than 30 days after receiving
a permit to operate from HCD; (2) a verification form shall be submitted
to the Development Services Director annually to ensure compliance
with Title 30 of the Encinitas Municipal Code; and (3) the verification
form shall include: information regarding the agricultural use, housing
type, number of dwelling units or beds, number of occupants, occupants'
employment information, and proof that a permit to operate from HCD
has been obtained and maintained.
10. Qualified employee housing – seven or more employees shall
be removed or converted to another permitted use at such time as the
agricultural activity to which it relates ceases operation for more
than 12 consecutive months.
Qualified employee housing providing accommodations for six
or fewer employees, pursuant to Health and Safety Code Section 17021.5(b),
shall be deemed a single-family dwelling and is allowed in residential
zones. Qualified employee housing for six or fewer employees is subject
to all municipal codes, regulations and other standards generally
applicable to other residential dwellings of the same type in the
same zone.
|
S. Horticultural
Sales. In all residential and agricultural zones, the retail sale
of horticultural and floricultural products and their related gardening
items in conjunction with and upon the premises of a growing nursery
is permitted upon issuance of a minor use permit.
T. Accessory
Dwelling Units, General.
1. Accessory
dwelling units shall be a permitted use in all areas zoned to allow
single-family or multifamily residential use.
2. One accessory dwelling unit may be permitted in conjunction with an existing or proposed single-family residence on a lot zoned for residential use. Accessory dwelling units meeting the standards of Subsection
30.48.040T.19 are permitted in conjunction with multifamily dwelling units.
3. An accessory dwelling unit may be permitted on a lot with an existing or proposed junior accessory dwelling unit meeting the standards of Section
30.48.040U.
4. Architectural
building materials of the accessory dwelling unit shall be compatible
with the primary residential structure(s).
5. All
development standards contained in the underlying zoning district
shall apply to accessory dwelling units unless they are inconsistent
with the provisions of this Section 34.48.040T, in which case the
standards of this Section 34.48.040T shall apply.
6. An
accessory dwelling unit shall not be sold separately from the primary
residence or multifamily ownership structure as detailed within the
covenant for the accessory dwelling unit.
7. An
accessory dwelling unit may be rented, but only with a rental agreement
with terms greater than 30 days.
8. Accessory
dwelling units shall comply with all applicable local building and
fire code requirements.
9. Prior
to approval of an accessory dwelling unit on properties with a private
sewage system, approval by the County of San Diego Department of Environmental
Health, or any successor agency, shall be required.
10. Accessory dwelling units shall not be required to provide fire sprinklers
if they are not required for the primary residence.
11. An accessory dwelling unit shall have a separate exterior entrance
from that of the primary dwelling unit.
12. An accessory dwelling unit may be constructed above a garage provided
that there is no loss of parking provided within the garage.
13. Zoning limits on lot coverage, floor area ratio, open space requirements,
and size must permit, or shall be waived, to allow up to an 800 square
foot detached or attached accessory dwelling unit, up to 16 feet high,
with four-foot side and rear yards, unless the open space is within
a recorded easement or protected by the Local Coastal Plan.
14. Unit Size.
a. An attached or detached accessory dwelling unit with a living area
of up to 800 square feet, a maximum height of 16-feet, and four-foot
side and rear setbacks, is permitted regardless of the living area
of the primary dwelling unit.
b. The maximum living area of an attached or detached accessory unit
shall not exceed 1,200 square feet or the total living area of the
primary dwelling unit, whichever is less.
15. Setbacks.
a. Except as provided in this Section 34.48.040T, accessory dwelling
units shall comply with the setbacks required for the primary dwelling
unit as established by the underlying zoning designation.
b. Notwithstanding any other provision of this Section
30.48.040T, accessory dwelling units shall comply with the setbacks established in Chapter
30.34 (Special Purpose Overlay Zones) and the sensitive habitat protection policies of the Municipal Code and Local Coastal Program where required to comply with the coastal bluff and inland hillside, sensitive habitat, or scenic views and visual resource protection policies of the Local Coastal Program.
c. Accessory dwelling units may be located within a required street
side, interior side, or rear yard setback area provided that such
structure is located no closer than four feet to a side or rear lot
line unless any of the following are true:
i. The underlying zoning allows for a setback of less than four feet.
ii. An accessory dwelling unit that is constructed above (may be cantilevered
or supported by posts, but not solid walls) an existing or proposed
attached or detached garage shall have a setback of four feet from
the side and rear property lines.
iii.
No setback shall be required if the accessory dwelling unit
consists of the conversion of existing space wholly within an existing
primary residence, or wholly within an existing accessory structure,
or is a structure constructed in the same location and to the same
dimensions as an existing structure, unless the coastal bluff and
inland hillside, sensitive habitat, or scenic views and visual resource
protection policies of the Local Coastal Program require a greater
setback.
iv. Side and rear setbacks sufficient for fire and safety conditions
and regulations shall be required for an accessory dwelling unit constructed
within the existing space of an accessory structure except for an
expansion of up to 150 square feet to accommodate ingress and egress
only, unless the coastal bluff and inland hillside, sensitive habitat,
or scenic views and visual resource protection policies of the Local
Coastal Program require a greater setback.
v. Accessory dwelling units constructed on properties directly adjacent
to a coastal bluff shall comply with the setbacks established by the
coastal bluff and inland hillside, sensitive habitat, or scenic views
and visual resource protection policies of the Local Coastal Program.
d. Any accessory dwelling unit that is permitted or constructed in reliance on the setback provisions established for accessory dwelling units in Subsection
30.48.040T.15.c shall be maintained as an accessory dwelling unit and shall not be converted to or used for any other purpose.
16. Height.
a. Any accessory dwelling unit in compliance with the required setbacks
of the underlying zone shall be permitted to build to the height limit
for that zone pursuant to Subsection 30.16.010.B.6 of the Encinitas
Municipal Code.
b. An accessory dwelling unit that is constructed above a proposed or
existing attached or detached garage shall be permitted to construct
to the height regulations of the underlying zone pursuant to Subsection
30.16.010.B.6.
c. Any accessory dwelling unit not constructed above a garage, or wholly
within or to the same dimensions as an existing or proposed primary
residence or accessory structure, and not in compliance with the required
setbacks of the underlying zone shall be permitted to build to a maximum
of 16-feet in height, with no projections permitted above the maximum
16-foot height limit. Roof decks shall be permitted provided the design
of the roof or deck railings do not extend beyond the maximum 16-foot
height limit.
17. Architectural Projections.
a. Architectural features of the accessory dwelling unit including required
access stairways, awnings, chimneys, bay windows, window seats, fireplaces,
planters, and porches, steps, and decks less than 30 inches above
grade, which do not create additional livable area, may project into
any yard not more than four feet; however, architectural features
shall not be permitted to project into the minimum required four-foot
side and rear setback, unless permitted by the underlying zoning.
b. Roof eaves for the accessory dwelling unit shall be permitted to
project a maximum of two feet into the minimum required four-foot
street side, interior side, and rear yard setback.
18. Parking.
a. Except as otherwise provided herein, parking spaces for accessory dwelling units shall comply with Chapter
30.54 (Off-Street Parking) of the Municipal Code, including, but not limited to, the design requirements of the Off-Street Parking Design Manual.
b. One parking space shall be required for an accessory dwelling unit,
which may be provided as tandem parking on an existing driveway or
within setback areas, provided that the parking area is properly surfaced
in accordance with applicable regulations.
c. Any required parking spaces removed in conjunction with the construction
of an accessory dwelling unit shall be replaced on the same lot as
the accessory dwelling unit.
i. The replacement parking spaces may be located in any configuration
on the lot, including, but not limited to, as covered spaces, uncovered
spaces, or tandem spaces, or by the use of mechanical automobile parking
lifts.
ii. Uncovered replacement parking spaces may be located within building
setback areas.
iii.
Structures for covered parking spaces shall be required to comply
with applicable setbacks.
d. Notwithstanding the above or any other law, no parking standards
shall be imposed for an accessory dwelling unit in any of the following
instances:
i. The accessory dwelling unit is located within a radius of one-half
mile of public transit.
ii. The accessory dwelling unit is located within an architecturally
and historically significant historic district.
iii.
The accessory dwelling unit is contained wholly within the existing
space of an existing primary residence or an existing accessory building,
with no additional area added. If an accessory dwelling unit constructed
under this provision is expanded, parking shall be provided for the
accessory dwelling unit in accordance with this section.
iv. When on-street parking permits are required but not offered to the
occupant of the accessory dwelling unit.
v. When there is a car share facility located within one block of the
accessory dwelling unit.
19. Multifamily Dwelling Structures.
a. Accessory dwelling units are permitted within any portions of an
existing multifamily dwelling structure in space currently not being
used as livable space, including, but not limited to, storage rooms,
boiler rooms, passageways, attics, basements, crawlspaces, or garages,
if each unit complies with state building standards for dwellings.
The number of accessory dwelling units permitted under this subsection
is equivalent to up to 25% of the existing units in the building or
one, whichever is greater. In determining the maximum number of accessory
dwelling units allowed, any fraction of an accessory dwelling unit
shall be rounded down to the next whole number not less than one.
b. Not more than two detached accessory dwelling units may be constructed
on a lot that has an existing multifamily dwelling, subject to a height
limit of 16 feet and four-foot interior side and rear yard setbacks.
Any accessory dwelling unit in compliance with the required setbacks
of the underlying zone shall be permitted to build to the height limit
for that zone pursuant to Subsection 30.16.010.B.6 of the Encinitas
Municipal Code.
20. Utilities.
a. Accessory dwelling units shall not be considered new residential
uses for the purposes of calculating connection fees or capacity charges
for utilities, including water and sewer service, unless the accessory
dwelling unit is constructed with a new single-family dwelling. Any
fees related to utilities shall be proportional to the burden of the
accessory dwelling unit on the water or sewer system, based upon either
its size in square feet or fixture units.
b. For an accessory dwelling unit that is contained within the existing
space of a single-family residence or accessory building, including
up to 150 square foot expansion of the accessory building to accommodate
egress and ingress, that has independent exterior access from the
existing residence and the side and rear setbacks are sufficient for
fire safety, no new or separate utility connection directly between
the accessory dwelling unit and the utility shall be required and
no related connection fee or capacity charge shall be imposed. For
accessory units that do not meet these criteria, new or separate utility
connections may be required, and related connection fees or capacity
charges may be imposed.
c. Accessory dwelling units shall be exempt from the requirements of
undergrounding overhead utilities and public right-of-way dedication
and improvements.
21. Applications. Except for required coastal development permits, applications
for accessory dwelling units on a lot with an existing single-family
residence or multifamily dwelling units that conform to the requirements
of this section shall be considered as ministerial permits without
discretionary review or a hearing, and the City shall approve or deny
such applications within 60 calendar days after receiving the completed
application. If the permit application to create an accessory dwelling
unit is submitted with a permit application to create a new single-family
dwelling on the lot, the permitting agency may delay acting on the
permit application for the accessory dwelling unit until the permitting
agency acts on the permit application to create the new single-family
dwelling, but the application to create the accessory dwelling unit
shall still be considered as a ministerial permit without discretionary
review or a hearing. If the application requests a delay, the 60-day
time period shall be tolled for the period of the delay.
Coastal Development Permits. Accessory dwelling units and junior
accessory dwelling units that are not completely contained in the
existing primary structure, or include increases in habitable area,
or include conversion of non-habitable space, are considered self-contained
residential units and require a coastal development permit or administrative
coastal development permit. The City shall approve or deny coastal
development permit applications within 60 calendar days after receiving
the completed application to the extent feasible.
22. Fees. Development Service Department fees for accessory dwelling
units may be waived. Any impact fees shall not be imposed upon the
development of an accessory dwelling unit less than 750 square feet.
Any impact fees charged for an accessory dwelling unit of 750 square
feet or more shall be charged proportionately in relation to the square
footage of the primary dwelling unit.
23. Nonconforming. The City shall not require, as a condition for ministerial approval of a permit application for the creation of an accessory dwelling unit or a junior accessory dwelling unit, the correction of legal nonconforming zoning conditions, except as provided for nonconforming detached accessory structures under Subsection
30.76.120A.1.d.
24. Covenants.
a. Prior to issuance of a building permit for an accessory dwelling
unit, a covenant shall be recorded between the owner and the City
of Encinitas agreeing to the terms stipulated in this chapter. The
covenant shall specifically mention that:
i. The accessory dwelling unit shall not be sold separately from the
primary dwelling unit or multifamily ownership structure as detailed
within the covenant for the accessory dwelling unit.
ii. The accessory unit may be rented, but only with rental agreements
with terms greater than 30 days.
iii.
The accessory unit is limited to the size and attributes set
forth by this section.
iv. The covenant shall be binding upon any successors in interest or
ownership of the property and lack of compliance with the provisions
thereof may result in legal action against the property owner, including
revocation of the right to maintain an accessory dwelling unit on
the property.
25. In cases of conflict between this Subsection
30.48.040T and any other provision of this title, the provisions of this subsection shall prevail. To the extent that any provision of this subsection conflicts with state law, the applicable provision of state law shall control, but all other provisions of this chapter shall remain in full force and effect.
26. Definitions. The definitions found in
Government Code Section 65852.2
Accessory Dwelling Units, as amended, and the following definitions
shall apply to the terms contained in this section.
"Car share facility"
shall mean a City permitted designated area where a car share
vehicle can be parked for extended periods of time.
"Existing space"
shall mean an enclosed area within the existing exterior
walls and existing roofline of an existing structure that can be made
safely habitable under applicable building and fire codes at the determination
of the building official, notwithstanding any noncompliance with zoning
regulations.
"Living area"
shall mean the interior habitable area of a dwelling unit
including basements and attics, but does not include a garage or any
accessory structure.
U. Junior
Accessory Dwelling Units.
1. One
junior accessory dwelling unit may be permitted in conjunction with
a proposed or existing single-family residence on lots zoned for single-family
or multifamily use.
2. A
junior accessory dwelling unit may be permitted within a single-family
residence on a lot with an existing or proposed accessory dwelling
unit conforming with Subsection 34.48.040T.
3. A
junior accessory dwelling unit shall not be sold separately from the
primary residence.
4. A
junior accessory dwelling unit may be rented, but only with a rental
agreement with terms greater than 30 days.
5. The
owner of a lot with a junior accessory dwelling unit shall occupy
as a principal residence either the primary dwelling or the junior
accessory dwelling unit or, if applicable, the accessory dwelling
unit, except where the primary dwelling and junior accessory dwelling
are held by a governmental agency, a land trust or housing organization
in an effort to create affordable housing.
6. Development
Standards.
a. A junior accessory dwelling unit shall not exceed 500 square feet
in total floor area.
b. A junior accessory dwelling unit shall be contained entirely within
the walls of a proposed or existing single-family residence.
c. A junior accessory dwelling unit shall be provided with a separate
exterior entry from that of the primary dwelling.
d. A junior accessory dwelling unit shall include an efficiency kitchen,
which shall include the following:
i. A cooking facility with appliances.
ii. A food preparation counter and storage cabinets that are reasonable
to the size of the unit.
e. No additional parking shall be required for a junior accessory dwelling
unit.
f. Access to a bathroom is required, which may be part of the junior
accessory dwelling unit or located in the existing primary dwelling.
If provided as part of the primary dwelling, the junior accessory
dwelling unit shall have direct access to the main living area of
the primary dwelling so as to not need to go outside to access a bathroom.
7. Except
as provided herein, a junior accessory dwelling unit shall comply
with all local building and fire code requirements, as appropriate.
8. Junior
accessory dwelling units shall not be required to provide fire sprinklers
or fire attenuation specifications if they are not required for the
primary residence.
9. No
sewer or water connection fees shall be required for the development
of a junior accessory dwelling unit.
10. Prior to issuance of a building permit for a junior accessory dwelling
unit, a covenant shall be recorded between the owner and the City
of Encinitas agreeing to the terms stipulated in this chapter. The
covenant shall specifically mention that:
a. The junior accessory dwelling unit shall not be sold separately from
the primary dwelling unit.
b. The junior accessory unit may be rented, but only with a rental agreement
with terms greater than 30 days.
c. The junior accessory unit is limited to the size and attributes set
forth by this section.
d. The owner of record of the property shall occupy the primary dwelling
unit or the junior accessory dwelling unit or, if applicable, the
accessory dwelling unit, except where the primary dwelling and junior
accessory dwelling are held by a governmental agency, land trust or
housing organization in an effort to create affordable housing.
e. The covenant shall be binding upon any successors in interest or
ownership of the property and lack of compliance with the provisions
thereof may result in legal action against the property owner, including
revocation of the right to maintain a junior accessory dwelling unit
on the property.
11. Applications for junior accessory dwelling units conforming to the
requirements of this section shall be considered as ministerial permits,
without discretionary review or a hearing, and the City shall approve
or deny such applications within 60 calendar days after receiving
the completed application. If the permit application to create a junior
accessory dwelling unit is submitted with a permit application to
create a new single-family dwelling on the lot, the permitting agency
may delay acting on the permit application for the junior accessory
dwelling unit until the permitting agency acts on the permit application
to create the new single-family dwelling, but the application to create
the junior accessory dwelling unit shall still be considered ministerial,
without discretionary review or a hearing. If the applicant requests
a delay, the 60-day time period shall be tolled for the period of
the delay.
12. Impact fees shall not be imposed upon the development of a junior
accessory dwelling unit.
13. Junior accessory dwelling units shall be exempt from the requirements
of undergrounding overhead utilities and public right-of-way dedication
and improvements.
14. In cases of conflict between this Subsection
30.48.040U and any other provision of this title, the provisions of this subsection shall prevail. To the extent that any provision of this subsection is in conflict with state law, the applicable provision of state law shall control, but all other provisions of this chapter shall remain in full force and effect.
V. Family
Day Care Homes, Small and Large. Small and large family day care homes
are permitted by right as accessory uses in all residential zones.
W. Wind
Turbine Systems, Small. A wind turbine system, small shall be permitted
on a building site in compliance with the following conditions:
1. Setback.
The system shall be set back from property lines and roads at least
two times the height of the wind system (to the top of the blade in
vertical position).
2. Fencing.
Public access to the wind turbines shall be restricted through the
use of a fence with locked gates, non-climbable towers or other suitable
methods.
3. Signs.
Suitable warning signs containing a telephone number for emergency
calls shall face all approaches to the system. Individual signs shall
be between five and 16 square feet.
4. Noise.
The wind turbine shall be operated in such manner that it does not
exceed the sound level limits of the Municipal Code.
X. Bed
and Breakfast Home. A bed and breakfast home is a permitted accessory
use upon issuance of a minor use permit provided the following conditions
are complied with:
1. Located
in a residential zone or in a designated Historic building, or conducted
within a structure which was constructed prior to 1936.
2. A
maximum of five bedrooms shall be made available for rent. A bed and
breakfast home having more than five bedrooms available for rent may
be approved if the home is designated a Historic Landmark in accordance
with the Historic Landmark Designation.
3. No
bed and breakfast home shall be located on a lot closer than 200 feet
from any other lot containing a bed and breakfast home. The 200-foot
distance shall be measured in a straight line connecting the closest
points on the lot lines and without regard for intervening structures.
4. The
owner or lessee of the property shall operate the facility and reside
in the home.
5. One
off-street parking space for each room rented and each employee shall
be provided in addition to the parking required for single-family
occupancy.
6. Service
shall be limited to the rental of rooms and the provision of breakfast
for overnight guests. No food preparation or cooking guests shall
be conducted within any bedroom made available for rent.
7. Signs
shall be limited to one on-premises sign not to exceed two square
feet.
Y. Accessory uses shall be permitted for horticultural uses provided the buildings to house said use do not exceed 10% of the net area (or 8,000 square feet whichever is less) of the lot that the primary horticulture use is located. Such accessory uses include: offices, storage (subject to subsection
H), packing, assemblage, distribution, maintenance, related grading (soil mixtures), and the like.
Z. Other
Necessary and Customary Uses. Accessory uses and structures, in addition
to those identified above, which are necessarily and customarily associated
with, and are appropriate, incidental, and subordinate to principal
use, as determined by the Director.
AA. Temporary
Food Stand. Temporary food stands for sale of agricultural products
or cottage foods as defined by state law by the resident(s) are permitted
as an activity of limited duration (12 hours a week during daylight
hours) and may involve the placement of non-permanent structures (e.g.,
portable furniture) not exceeding a maximum of 120 square feet in
sale/display area. Structures shall not create a nuisance, obstruction
or hazard and shall not displace required parking for other uses on
the site.
(Ord. 88-06; Ord. 89-41; Ord. 90-08; Ord. 92-28; Ord. 92-30; Ord. 93-07; Ord. 94-11; Ord. 97-17; Ord. 2006-06; Ord. 2015-01; Ord. 2016-08; Ord. 2017-03; Ord. 2018-01; Ord. 2018-02; Ord. 2018-11; Ord. 2019-14; Ord. 2020-10; Ord. 2022-03; Ord. 2022-11)
Subject to the restrictions and limitations specified, the following
accessory buildings and uses shall be permitted in commercial zones:
A. Sidewalk
Cafés/Outdoor Cafés. Sidewalk cafés/outdoor cafés
shall be a permitted accessory use provided the following conditions
are complied with:
1. The
sidewalk/outdoor café shall be conducted accessory to a legally
established food and beverage retail sales or eating and drinking
establishment use type and clearly shown on a plot plan prepared to
the satisfaction of the Planning and Building Director.
2. An
encroachment permit for a sidewalk café is issued by the Department
of Public Works when the sidewalk is within public rights-of-way.
3. The
operation of a sidewalk/outdoor café shall meet applicable
requirements of the Department of Health Services.
4. Contiguous property owners shall be notified in accordance with Chapter
30.01 if the sidewalk/outdoor café is within public rights-of-way or in a commercial complex of five or fewer tenants. If the sidewalk/outdoor café is in a commercial complex of six or more tenants, then the remaining tenants in the commercial complex shall be notified in accordance with Chapter
30.01, provided that the notification shall only include the tenants in the commercial complex where the proposed sidewalk/outdoor café is to be located.
5. The
hours of operation of the sidewalk/outdoor café shall be limited
to the hours of operation of the associated eating or drinking establishment.
6. No
sound amplification device, musical instrument or sound reproduction
device shall be operated or used with a sidewalk/outdoor café
and any outdoor lighting shall comply with performance standards.
7. A
finding shall be made that the sidewalk/outdoor café will not
adversely affect the neighborhood nor be detrimental to persons residing,
visiting or working in the area.
8. The area of the sidewalk/outdoor café and the area of the restaurant shall be used in determining the parking requirements of the primary restaurant use. A sidewalk/outdoor café added to an existing restaurant shall adhere to the parking standards for restaurants contained within Chapter
30.54 of the Municipal Code or applicable specific plan. The area of the sidewalk/outdoor café shall not remove any required parking areas and the café area shall not block access to the property or surrounding areas. The area for pedestrian access must remain at least 42 inches in width. Café equipment is not to extend beyond the width of the building where the business is located, nor more than five feet from the face of the building unless a finding is made by the Director of Planning and Building that additional area is available for the café.
9. The
sidewalk/outdoor café must be reviewed by and found to meet
the standards of the Encinitas Fire Marshal relative to access and
flammability.
10. All other appropriate provisions of the Municipal Code, including
sign regulations, must be met.
B. Outdoor
Displays of Merchandise. The outdoor display of merchandise as accessory
to a legally established retail or wholesale business is permitted
subject to the following limitations:
1. An
encroachment permit for outdoor displays of merchandise is issued
by the Department of Public Works when the display area is within
the public rights-of-way.
2. Contiguous property owners shall be notified in accordance with Chapter
30.01 if the outdoor display of merchandise is within the public rights-of-way or in a commercial complex of five or fewer tenants. If the outdoor display area is in a commercial complex of six or more tenants, then the remaining tenants in the commercial complex shall be notified in accordance with Chapter
30.01, provided that the notification shall only include the tenants in the commercial complex where the proposed outdoor display of merchandise is to be located.
3. The
outdoor display of merchandise shall be limited to the hours of operation
of the associated retail or wholesale establishment.
4. No
sound amplification device, musical instrument or sound reproduction
device shall be operated or used with the outdoor display of merchandise
and any outdoor lighting shall comply with performance standards.
5. A
finding shall be made that the outdoor display of merchandise will
not adversely affect the neighborhood nor be detrimental to persons
residing, visiting or working in the area.
6. The
area of the outdoor display of merchandise shall not remove any required
parking areas and the display area shall not block access to the property
or surrounding areas. The area for pedestrian access must remain at
least 42 inches in width. Merchandise is not to extend beyond the
width of the building where the business is located, nor more than
five feet from the face of the building unless a finding is made by
the Director of Planning and Building that additional area is available
for the display of merchandise.
7. The
outdoor display area and types of merchandise must be reviewed by
and found to meet the standards of the Encinitas Fire Marshal relative
to access and flammability.
8. All
other appropriate provisions of the Municipal Code, including sign
regulations, must be met.
C. Caretaker's Dwelling Unit. Pursuant to Chapter
30.09, one dwelling unit is permitted, accessory to the principal use(s) on site, to serve as the residence of a caretaker or superintendent (and family) for the establishment(s) on the property. A caretaker's dwelling unit is limited to 750 square feet or 30% of the floor area of the principal structure(s) on the property, whichever is less, with a minimum of 400 square feet allowed by right. Additional floor area over 750 square feet or 30% of the floor area of the principal structure may be allowed with the approval of a minor use permit. A covenant, in form and content acceptable to the Planning and Building Director, shall be recorded to assure that the caretaker's unit is not otherwise rented or expanded beyond the limitations set forth in this section.
(Ord. 94-11; Ord. 2003-08; Ord. 2014-12)
Single-family dwellings or a single mobilehome limited to 750
square feet or 30% of the floor area of the principal structure(s)
on the property, whichever is less, with a minimum of 400 square feet
allowed by right (additional floor area over 750 square feet or 30%
of the floor area of the principal structure may be allowed with the
approval of a minor use permit) shall be permitted as follows in the
Light Industrial Zone subject to the following:
A. Caretaker
or Superintendent. On a lot or building site with a permitted industrial
use, and occupied exclusively by a caretaker or superintendent (and
family) of such industrial use; or
B. Farm
Owner or Operator. On a lot or building site having a net area of
at least five acres which is being farmed, and occupied exclusively
by the owner or operator thereof; or
C. Kennel
Owner or Operator. On a lot or building site with a kennel, and occupied
exclusively by the owner or operator thereof and family.
(Ord. 97-17; Ord. 2015-01)
Retail sales as an accessory use is permitted in the light industrial
zone when the product sold is produced on the site.
(Ord. 2015-01)