San Diego City ADU / Granny Flat Ordinance

http://caladu.org/ordinance/san-diego-city-09-21-2017.pdf – ADU Ordinance

Preliminary Review

Construction Permits – Structures

(0-2018-2 REV.)

ORDINANCE NUMBER 0- 2C057 (NEW SERIES) DATE OF FINAL PASSAGE SE P 15 2017

AN ORDINANCE AMENDING CHAPTER 11, ARTICLE 3, DIVISION 1 OF THE SAN DIEGO MUNICIPAL CODE BY AMENDING SECTION 113.0103; AMENDING CHAPTER 12,

ARTICLE 6, DIVISION 3 BY AMENDING SECTION 126.0303;

AMENDING CHAPTER 12, ARTICLE 6, DIVISION 7 BY

AMENDING SECTION 126.0707; AMENDING CHAPTER 13,

ARTICLE 1, DIVISION 1 BY AMENDING SECTION 131.0112;

AMENDING CHAPTER 13, ARTICLE 1, DIVISION 2 BY

AMENDING SECTION 131.0222; AMENDING CHAPTER 13,

ARTICLE 1, DIVISION 3 BY AMENDING SECTION 131.0322;

AMENDING CHAPTER 13, ARTICLE 1, DIVISION 4 BY

AMENDING SECTION 131.0422; AMENDING CHAPTER 13,

ARTICLE 1, DIVISION 5 BY AMENDING SECTION 131.0522;

AMENDING CHAPTER 13, DIVISION 1, ARTICLE 6 BY

AMENDING SECTION 131.0622; AMENDING CHAPTER 13, ARTICLE 2, DIVISION 15 BY AMENDING SECTIONS 132.1510 AND 132.1535; AMENDING CHAPTER 14, ARTICLE

1, DIVISION 3 BY AMENDING SECTION 141.0302;

AMENDING CHAPTER 14, ARTICLE 2, DIVISION 6 BY

AMENDING SECTION 142.0680; AMENDING CHAPTER 15,

ARTICLE 5, DIVISION 2 BY AMENDING SECTION 155.0238,

AMENDING CHAPTER 15, ARTICLE 10, DIVISION 3 BY AMENDING SECTION 1510.0303 RELATING TO COMPANION UNITS AND JUNIOR UNITS.

WHEREAS, over the past decade, new housing development has not kept pace with job or population growth, resulting in housing costs that have increased aCa: mrn;J1faster rate han income level; and

WHEREAS, there are alternative housing models that contribute to addressing home supply and affordability such as accessory dwelling units, referred to as companion units in the San Diego Municipal Code, and junior accessory dwelling units. These units can be integrated into existing single-family or multi-family properties and designed in a variety of ways, including converting a portion of an existing house, adding to the existing house, converting an existing garage, or constructing a new detached structure; and

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WHEREAS, to encourage development of accessory dwelling units and junior accessory dwelling units, the State Legislature adopted three bills, Senate Bill 1069 (SB 1069), Assembly Bill 2299 (AB 2299) and Assembly Bill 2406 (AB 2406) last year; and

WHEREAS, SB1069 and AB 2299 provide homeowners the opportunity to construct accessory dwelling units on their residential property with reduced requirements for parking, zoning setbacks, fire sprinklers, public utilities and fees; and

WHERESAS, AB 2406, referred to as “Junior Accessory Dwelling Units,” allows local governments to adopt ordinances for junior units, which are no more than 500 square feet and are typically repurposed rooms within a single-family home that have interior and exterior access; and

WHEREAS, the City of San Diego intends to amend its companion unit regulations to comply with the new State mandate regarding accessory dwelling units and to include regulations concerning junior accessory dwelling units; and

WHEREAS, amendments to the companion unit regulations and the addition of junior accessory dwelling units are intended to provide affordable and below market housing throughout the City; NOW, THEREFORE,

BE IT ORDAINED, by the_ Council of the City of San Diego, as follows:

Section 1. That Chapter 11, Article 3, Division 1 of the San Diego Municipal Code is amended by amending section 113.0103, to read as follows:

§113.0103 Definitions

Abutting property through Benefitted area [No change in text.]

Bike share station means a designated area where bicycles are stored as paii of a regional fleet by a public or private bicycle sharing company or organization and

that provides self-service access to bicycles 24 hours a day to preapproved members or self-paying customers.

Bluff, coastal through Capital improvement program project [No change in text.]

Car share station means a designated area where motor vehicles are parked as part of a regional fleet by a public or private car sharing company or organization and that provides self-service access to vehicles 24 hours a day to preapproved members.

Certificate of Correction through Coastal development [No change in text.]

Companion unit means an access01y structure on a residential lot that provides independent living facilities for one or more persons, independent of the primary dwelling unit, which includes pennanent provisions for living, sleeping, eating, cooking, and sanitation.

Condominium conversion through Internally illuminated sign [No change in text.]

Junior unit means an accessory structure that is 500 square feet or less in size and is contained entirely within an existing, habitable single dwelling unit.

Kitchen through MSCP Subarea Plan [No change in text.]

Multiple dwelling unit means two or more dwelling units on a single lot. The term does not include companion units,junior units, or employee housing.

Off-street parldng space through Transit area [No change in text.]

Transit Priority Area means the area defined in California Public Resources Code Section 21099, as may be amended, or an area within one-half mile of a major

transit stop that is existing or planned, if the planned stop is scheduled to be · completed within the planning horizon included in a Transportation Improvement Program.

Unaccepted offer of dedication through Yard [No change in text.]

Section 2. That Chapter 12, Article 6, Division 3 of the San Diego Municipal Code is amended by amending section 126.0303, to read as follows:

§126.0303 When a Conditional Use Permit Is Required

An application for the following types of uses in certain zones may require a Conditional Use Pennit. To detennine whether a Conditional Use Pem1it is required in a particular zone, refer to the applicable Use Regulations Table in Chapter 13. The decision process is described in Section 126.0304.

  1. Conditional Use Pennits Decided by Process Three

Agricultural equipment repair shops through Commercial stables [No change in text.]

Continuing care retirement communities through Wireless communication facilities (under circumstances described in Section 141.0420) [No chai1ge in text.]

  1. through (c) [No change in text.]

Section 3. That Chapter 12, Article 6, Division 7 of the San Diego Municipal Code is amended by amending section 126.0707, to read as follows:

§126.0707

Decision Process for a Coastal Development Permit

  1. [No change in text.]
  1. A decision on an application for a City-issued Coastal Development Pennit in the appealable area of the Coastal Overlay Zone shall be made in accordance with Process Three, except that a decision on a capital improvement program project in the appealable area of the Coastal

Overlay Zone shall be made in accordance with Section 126.0707(c) and a decision on a companion unit shall be made in accordance with Section 126.0707(a). The decision may be appealed to the Planning Commission

in accordance with Section 112.0506.

  1. through (f) [No change in text.]

Section 4. That Chapter 13, Article 1, Division 1 of the San Diego Municipal Code is amended by amending section 131.0112, to read as follows:

§131.0112 Descriptions of Use Categories and Subcategories

    1. The following are descriptions of each use category and subcategory

found in the Use Regulations Tables of each base zone..These descriptions shall be used to classify specific uses into use subcategories for the purpose of determining applicable use regulations, in accordance with Section 131.0110. A description of separately regulated uses is located in Section 13l.0112(b).

      1. through (2) [No change in text.]
  1. Residential Use Category

This category includes uses that provide living accommodations for one or more persons. The residential subcategories are:

    1. [No change in text.]
    1. Mobilehome Parks -A premises with two or more mobilehomes used as dwelling units other than companion units,junior units, or employee housing.

(C) through (D) [No change in text.]

  1. through (11) [No change in text.]
    1. [No change in text.]

Section 5. That Chapter 13, Article 1, Division 2 of the San Diego Municipal Code is amended by amending section 131.0222, to read as follows:

§131.0222 Use Regulations Table for Open Space Zones

The uses allowed in the open space zones are shown in Table 131-02B.

Legend for Table 131-02B

[No change in text.]

Table 131-02B

Use Regulations Table for Open Space Zones

Use Categories/Subcategories

[See Section 131.0112 for an explanation and descriptions of the Use Categories, Subcategories, and Separately Regulated Uses]

Zone Designator Zones
1st & 2nd >>

3rd >> 4th >>

OP- OC- QRCl)_ op(l1)_
1- 2-

1-

1-

1-

1 1

1

1 I 2

1

Open Space through Residential, Separately Regulated Residential Uses, Boarder & Lodger Accommodations [No change in text.] [No change in text.]
Companion Units

I L

Residential, Separately Regulated Residential Uses, Continuing Care Retirement Communities through Home Occupations [No change in text.] [No change in text.]
Junior Units

I L I
Residential, Separately Regulated Residential Uses, Live/work Quarters through Signs, Separately Regulated Signs Uses, Theater Marquees [No change in text.] [No change in text.]

Footnotes for Table 131-02B [No change in text.]

Section 6. That Chapter 13, Article 1, Division 3 of the San Diego Municipal Code is amended by amending section 131.0322, to read as follows:

§131.0322 Use Regulations Table for Agricultural Zones

The uses allowed in the agricultural zones are shown in Table 131-03B.

Legend for Table 131-03B

[No change in text.]

Table 131-03B

Use Regulations Table for Agricultural Zones

Use Categories/Subcategories

[See Section 131.0112 for an explanation and descriptions of the Use Categories, Subcategories, and Separately Regulated Uses]

Zone Designator

Zones

1st & 2nd >>

3rd >> 4th >>

AG

AR

1-

1-

1 I 2 1 I 2
Open Space through Separately Regulated Residential Uses,

Boarder & Lodger Accommodations [No change in text.]

[No change in text.]
Companion Units I L
Residential, Separately Regulated Residential Uses, Continuing Care Retirement Communities through Home Occupations [No change in text.] [No change in text.]
Junior Units I L
Residential, Separately Regulated Residential Uses, Live/work Quarters through Signs, Separately Regulated Signs Uses, Theater Marquees [No change in text.] [No change in text.]

Footnotes for Table 131-03B [No change in text.]

Section 7. That Chapter 13, Article 1, Division 4 of the San Diego Municipal Code is amended by amending section 131.0422, to read as follows:

§131.0422 Use Regulations Table for Residential Zones

The uses allowed in the residential zones are shown in the Table 131-04B.

Legend for Table 131-04B [No change in text.]

Table 131-04B

Use Regulations Table for Residential Zones

Use Categories/ Subcategories

[See Section 131.0112 for an explanation and descriptions of the Use Categories, Subcategories, and Separately Regulated Uses]

Zone Designator

Zones

1st & 2nd

>>

3rd >> 4th >>

RE-

RS-

RX-

RT-

1-

1-

1-

1-

11213 1121314151617181911011111211311 4 1 1 2 1 12 13 14 15
Open Space through Residential, Separately Regulated Residential Uses, Boarder & Lodger Accommodations [No change in text.] [No change in text.]
Companion Units L

L

L

L

Residential, Separately Regulated Residential Uses, Continuing Care Retirement Communities through Home Occupations [No change in text.] [No change in text.]
Junior Units L

L

L I L
Residential, Separately Regulated Residential Uses, Live/work Quarters through Signs, Separately Regulated Signs Uses, Theater Marquees [No change in text.] [No change in text.]

Use Categories/ Zone Zones Subcategories Designator

[See Section 131.0112 for 1st & 2nd >> RM- an explanation and

descriptions of the Use 3rd >> 1- 2- 3- 4- 5-

Categories, Subcategories, 4th >>

and Separately Regulated 1 2 3 4 5 6 7 8 9 10 11 12

Uses]

Open Space through Residential, [No change in text.]

Separately Regulated Residential Uses, Boarder & Lodger Accommodations [No change in text.]

Companion Units L L L L L

Residential, Separately Regulated [No change in text.]

Residential Uses, Continuing Care Retirement Communities through Home Occupations [No change in text.]

Junior Units L I L I L L I L

Residential, Separately Regulated [No change in text.]

Residential Uses, Live/work Quarters through Signs, Separately Regulated Signs Uses, Theater Marquees [No change in text.]

Footnotes for Table 131-04B [No change in text.]

Section 8. That Chapter 13, Article 1, Division 5 of the San Diego Municipal Code is amended by amending section 131.0522, to read as follows:

§131.0522 Use Regulations Table for Commercial Zones

The uses allowed in the c01m11ercial zones are shown in Table 131-0SB.

Legend for Table 131-0SB [No change in text.]