Granny Flats
Granny Flats in Cities:City of San Diego
§141.0302 Companion Units
A companion unit is a dwelling unit that is an accessory use for a single dwelling unit on a residential lot that provides complete living facilities, including a kitchen, independent of the primary dwelling unit. Companion units are permitted as a limited use in accordance with Process One in the zones indicated with an “L” in the Use Regulations Tables in Chapter 13, Article 1 (Base Zones) and Chapter 15, Article 1, Division 4 (General and Supplemental Regulations), subject to the following regulations:
(a) Before a Building Permit may be issued for a companion unit, the property owner shall enter into an agreement with the City in a form that is acceptable to the City Attorney. The agreement shall include the following provisions: that neither the primary dwelling unit nor the companion unit may be sold or conveyed separately; and that the property owner shall reside in the dwelling unit or the companion unit. The city will submit the agreement to the County Recorder for recordation. The agreement shall run with the land and be coterminous with the life of the companion unit.
(d) A companion unit may be attached to or detached from the primary dwelling unit on the premises.
(e) If access from an improved abutting alley exists, vehicular access to parking spaces for the companion unit shall be from the alley unless the premises has a garage that accommodates all off-street parking required in accordance with this section, except for premises located in the Beach Impact Area or any other zones in which vehicular access from the alley is required.
(f) If an existing garage is converted to a companion unit, another garage shall be provided on the premises to replace the converted parking spaces.
(g) Parking for the entire premises shall be brought into compliance with Chapter 14, Article 2, Division 5 (Parking Regulations) and with this section.
(h) One standard off-street parking space is required for each bedroom in the companion unit, with a minimum requirement of one parking space per companion unit.
(i) Off-street parking required by this section shall not be located in the area between the street wall and the front property line.
(j) Access to the off-street parking from an unimproved alley is not permitted.
(k) The gross floor area of the companion unit shall be included in the floor area ratio calculation for the premises.
(l) The gross floor area of the companion unit shall not exceed 700 square feet.
(m) One 24-in box tree shall be planted in the required front yard of the premises or in the abutting parkway. Existing trees that are at least 15 feet high and 15 feet in width may be used to satisfy this requirement.
(n) Maximum structure height for companion units:
(1) For companion units located above a garage or other accessory building:
(1A) tThe maximum structure height for flat-roofed structures is 21 feet; and
(2B) tThe maximum structure height is 30 feet for sloped-roofed structures with a roof pitch of at least 3:12 (3 vertical feet to 12 horizontal feet).
(2) For detached companion units, not above a garage or other accessory building:
(A) 15 feet without a chimney or flue, or
(B) 17 feet with a chimney or flue.
(o) Companion unit entrances shall not be located on the building street wall or within the front fifty percent of the structure
(p) The companion unit shall be constructed with the same siding and roofing materials as the primary dwelling unit.
(s) For detached companion units, the maximum structure height is:
(1) 15 feet without a chimney or flue, or
(2) 17 feet with a chimney or flue.
(q) Within the Coastal Overlay Zone, companion units are subject to the provisions of Chapter 12, Article 6, Division 7.
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Chula Vista
Chula Vista had an ordinance change for `granny flats': the planning director can waive the parking garage requirement for some homes. The director will decide on a case-by-case basis. The maximum size of a secondary home is allowed a maximum of 850 square feet. increasing the A secondary home, which can be attached or detached, must have a gross floor area less than the primary residence and have on-site parking. Councilwoman Mary Salas said she doesn't think there will be a proliferation of secondary homes. "I have a certain comfort level in knowing that there are probably not that many lots out there that could have granny flats," she said.
Amy Oakes. The San Diego Union - Tribune. San Diego, Calif.: Mar 25, 2004. pg. B.3 Full Text (445 words) Copyright SAN DIEGO UNION TRIBUNE PUBLISHING COMPANY Mar 25, 2004
Encinitas and Carlsbad have encouraged developers to build second units in new-home developments to meet affordable housing requirements. "We think one of the reasons we have this huge housing crisis is that after we have lots of public hearings when land is zoned and development standards are set, we come back with housing projects consistent with the zoning, but we have yet another hearing and the NIMBYs (not-in-my-back-yard advocates) come out and say we don't like it," said state housing advocate Marc Brown, who helped write the new state legislation. "We've got this double-barreled set of hearings, and it would be a lot easier if we just have the battles over the zoning and not refight these battles."
In Carlsbad, the city's affordable housing, or inclusionary, ordinance as it is known, required no proof from homeowners that their second units were being rented out at affordable levels. But that all changed two years ago when regulations were amended to require income certification of renters of the granny flats. Not surprisingly, no developer has built the second units since then, said Debbie Fountain, housing and redevelopment director. Over the last five years, nearly 200 second units have been built in Carlsbad, the great majority of which were done in new subdivisions, according to Fountain. "Prior to 2000, it was seen as an asset and developers were having good luck selling them," she added. "Now I think we'll see very few. We've always had the philosophy we shouldn't put too many restrictions on them because they're naturally affordable because they're under 640 square feet. "By tightening the restrictions, we made it clear they weren't the favored child anymore." / Union-Tribune
In Escondido the City Council adopted new requirements that would make it much harder for homeowners to build second units on their property. The new regulations were born out of concerns from neighbors that second dwellings would promote increased density and hence more traffic and parking problems. Escondido Councilwoman June Rady stated, "We tightened our ordinance so it's intended to house a parent or grandmother who needs assistance. That's why they're called granny flats. What was happening was people were building these second units and renting them for income. We as individual jurisdictions need to control our own land use destinies. I object to the state overriding our decisions."
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County of San Diego
Alpine, Bonita, Lakeside, Fallbrook, Spring Valley Etc.
If you live in any of these areas you are in the County of San Diego. Also, the edges of El Cajon & La Mesa are in the county. Thomas Brothers Map Book has the best method I have found for finding out if a property is in a City or in the County. Most likely you have a planning group that meets every month and they will require this to be reviewed.
If you are on a septic system there are special rules that need to be followed. You cannot build on, or near a septic tank or leach field and the County will not take your word for where these are located. They either have a septic plan on file or you will need to hire a professional to locate the system and have them file a plan with the County Health Department.
This also applies to a well system on the property.
Here is an excerpt from the county:
Guest Living Quarters: Living quarters attached to a primary dwelling unit without interior access or within a detached accessory building, which are for the sole use of persons employed on the premises or for temporary use by guests of the occupants of premises. Individual guests may be accommodated for a period not to exceed thirty (30) calendar days in any calendar year. Guest living quarters have neither kitchen facilities, wetbars nor laundry facilities and are not rented or otherwise used as a separate dwelling.
SECTION 6156 RESIDENTIAL AND AGRICULTURAL USE TYPES
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:
k. GUEST LIVING QUARTERS: In the A70, A72, RR, S87, S90 and S92 Use Regulations, one guest living quarters is allowed on a legal lot. In the RS, RV, RU, RRO and S88 Use Regulations, one guest living quarters is allowed on a legal lot not less than 20,000 square feet in net area. One guest living quarters may be permitted in the RS, RV, RU, RRO and S88 Use Regulations upon issuance of an Administrative Permit on a legal lot which has a net area of less than 20,000 square feet. Guest living quarters are not permitted in other zones. Guest living quarters shall comply with all of the following requirements:
The Zoning Ordinance, Section 6156.x, allows the addition of a second dwelling unit to those properties zoned to allow the Family Residential use type by right. There are several limitations and requirements imposed by this section. The applicable Zoning Ordinance sections are attached, and are summarized below.
SECOND DWELLING UNITS are a complete additional house (dwelling unit) on the same lot or parcel as an existing single family detached residence, and may be rented to any person(s). The second dwelling unit may be either attached to the primary house or detached from the primary house.
A second dwelling unit is not allowed on a lot or parcel, which has a guest living quarter, accessory living quarter or accessory apartment. There are provisions in the ordinance to allow conversion of such units into a second dwelling unit.
If the parcel is dependent on a well for potable water supply, the minimum lot size must be twice the area required by the County Groundwater Ordinance. Information regarding Groundwater Ordinance requirements may be obtained from Zoning Information at (858) 565-5981.
A Second Dwelling Unit is allowed “by-right” provided all of the following are met:
The legal lot must contain at least the minimum net area required by zoning.
The lot must be at least 20,000 square feet in net area.
The proposed Second Dwelling Unit shall be no more than 30% the size of the main dwelling or 1,200 square feet, whichever is less.
The size of an attached garage/carport shall not exceed 480 square feet.
The proposed Second Dwelling Unit is not attached to a barn or other accessory structure.
Complete building plans including floor plans of the living area of both the primary dwelling and the proposed second dwelling unit (even if one is already existing) shall be provided.
Actual mathematical computations of the "living area", per definition, for both units must be provided. These calculations must state that they are from measurements taken from the interior surface of the exterior walls.
No other habitable space shall be attached to a detached Second Dwelling Unit.
All requirements of Section 6156.x are met.
An Administrative Permit for a Second Dwelling Unit is required when any of the following are applicable:
The legal lot is less than 20,000 square feet and meets the minimum net area as required by the applicable zoning.
The legal lot is at least 1 net acre in size and does not contain (at least) the minimum net area as required by the applicable zoning.
The proposed Second Dwelling Unit is up to 50% the size of the main dwelling, up to a maximum of 1,200 square feet, whichever is less.
The proposed garage/carport attached to the Second Dwelling Unit exceeds 480 square feet and the total garage/carport/storage area on the lot conforms to the limitations pursuant to Section 6156.g.
The proposed Second Dwelling Unit is to be attached to a barn or agricultural building pursuant to the limitations of Section 6156.h.
The following apply to all Second Dwelling Units (pursuant to 6156.x):
If a lot is less than 20,000 sq. ft. and it does not meet the minimum net area required by zoning, a second dwelling unit is not allowed.
Regardless of the size of the existing house, a minimum of 400 square feet is allowed, (even if that exceeds 30 percent of the size of the existing dwelling).
A unit of 640 square feet or less shall provide one additional parking space, a unit greater than 640 square feet shall provide two additional parking spaces, as required under Section 6758, parking requirements for Family Residential.
(See 6156.x.5 as to location and design of the required parking, and restriction on the conversion of existing covered parking.)
The architectural design, building materials, colors and covered parking must be substantially the same as those of the primary dwelling. There is no prohibition on the use of manufactured housing (including mobilehomes) but the requirement for conformance with the primary dwelling might be difficult to meet.
Color photographs of the street-facing sides of the existing primary dwelling shall be submitted with the second unit application.
No entrance to the second dwelling unit shall face an abutting street unless the entrance is shielded so as not be apparent when viewed from the abutting street. Plants do not qualify for shielding purposes.
The applicant must provide evidence that there is sewer (or septic) service and water available, and that any applicable school fees have been paid.
All requirements of the building and other codes, and the Zoning Ordinance, shall apply to these units.
No Variances to the requirements of the Zoning Ordinance shall be granted for the construction of second dwelling units.
Separate sale or ownership of a second dwelling unit is prohibited, unless the lot is subdivided creating a separate lot for each dwelling.
Owner-occupancy of one of the dwellings is required for the duration of use of the second unit for residential purposes, except as permitted in Section 6156.x.11.
Before a building permit is issued, the owner of the property shall submit a notarized and recorded copy of an agreement stating that the owner understands and will abide by the requirements of the Zoning Ordinance. The document is available at the Zoning Information Counter.
1110 DEFINITIONS
Net area is defined as “The gross area of a parcel minus:
1. The area of any street right-of-way,
2. Any fenced flood control or walkway easement,
3. Irrevocable offers of dedication when the property is within an urban classification of the General Plan, and
4. The area contained in the panhandle of a panhandle lot when the lot is in a zone where the minimum required lot size is 10,000 square feet or less.”
6156 RESIDENTIAL AND AGRICULTURAL USE TYPES.
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.
x. Second Dwelling Units. In zones where the Family Residential use type is allowed by right, a second dwelling unit is allowed on a legal lot containing an existing single family detached residence, or to be constructed concurrently with a primary single family detached residence, provided the following requirements are complied with:
1. The second dwelling unit shall be either attached to the primary unit, wholly or partially integrated into the primary unit, or detached from the primary unit. The second unit may be attached to another permitted accessory building, except for those accessory units or other accessory buildings specified in paragraph 4, 5 or 6 below.
2. Applicable requirements of the building and other codes and of The Zoning Ordinance shall apply to second dwelling units. No Variances shall be granted in order to provide for the second unit.
3. A lot shall contain at least the minimum net area as required by the applicable zoning to qualify for a second dwelling; however, no second dwelling unit shall be permitted on a lot with a net area of less than 20,000 square feet, except pursuant to paragraph 12 below. If a legal lot is at least 1 net acre in size and does not contain at least the minimum net area as required by the applicable zoning, a second dwelling unit may be permitted pursuant to paragraph 12 below.
However, if the lot proposed for a second dwelling is groundwater dependent the minimum size must be twice that required by the residential density controls of Section 67.722 A of the County Groundwater Ordinance unless an exception is granted pursuant to Section 67.750 (c) of that Ordinance.
4. Second dwelling units shall not be allowed on a lot or parcel with a guest living quarter, accessory living quarter, or accessory apartment. Conversion of such quarters into a second dwelling unit is allowed provided all applicable zoning and other code requirements are met, and subject to the following procedures:
i. Application for modification of the Administrative Permit or Minor Use Permit that authorized the accessory unit proposed for conversion to a second dwelling unit (if an Administrative Permit is required to establish the Second Dwelling Unit pursuant to paragraph 12 below) and application for any other applicable permits; or
ii. If no Administrative Permit is required to establish a second dwelling unit, and an Administrative or Minor Use Permit was approved to authorize the accessory unit proposed for conversion to a second dwelling unit, a request to rescind the existing Administrative or Minor Use Permit may be submitted in addition to an application for building permit and any other applicable permits; or
iii. If no Administrative or Minor Use Permit was required to authorize the accessory unit proposed for conversion (Guest Living Quarters in certain use regulations), by application for a building permit and any other applicable permits; or
iv. If the accessory unit proposed for conversion was established illegally, by application pursuant to this subsection "4" as if a new second dwelling unit was being proposed.
5. Second dwelling units with a living area exceeding 640 square feet shall comply with the parking requirements for Family Residential under Section 6758. Second dwelling units with a living area not exceeding 640 square feet shall provide one additional off-street parking space. Said additional parking spaces shall not be in tandem with existing spaces. If establishment of the second dwelling unit involves a garage conversion, replacement covered off-street parking shall be provided concurrently. A garage or carport attached to the second dwelling unit shall not exceed 480 square feet of gross floor area. Additional garage area attached to the second dwelling unit may be permitted pursuant to paragraph 12 below. No other structures defined by Section 6156.b shall be attached to a second dwelling unit. No other structures defined by Section 6156.h shall be attached to a second dwelling unit unless approved pursuant to paragraph 12 below.
6. The living area of a second dwelling unit shall not exceed 30 percent of the living area of the existing unit, up to a maximum floor area of 1,200 square feet, except pursuant to paragraph 12 below. However, a second dwelling unit of up to 400 square feet is permitted (even if that figure exceeds 30 percent of the size of the primary dwelling). No other habitable space shall be attached to a detached second dwelling unit.
7. Applicants are required to provide evidence satisfactory to the Director of the following:
i. Adequate sewer service or approval by the Department of Environmental Health for use of a septic system;
ii. Adequate potable water supply; and
iii. That applicable school district fees have been paid.
8. The architectural design, building materials, colors and, if provided, covered parking shall be substantially the same as those of the primary dwelling. Color photographs of the street-facing sides of the existing primary dwelling shall be submitted with the second unit application.
9. No entrance to the second dwelling unit shall face an abutting street unless the entrance is shielded so as not to be apparent when viewed from the abutting street. Plant materials shall not qualify for shielding purposes.
10. Separate sale or ownership of a second dwelling unit from the primary dwelling located on a single lot is prohibited, unless a subdivision is created pursuant to the County Subdivision Ordinance.
11. Application for and issuance of a discretionary permit for a second dwelling shall be limited to the owner-occupant of the primary dwelling or his/her authorized agent. Owner-occupancy of either the primary dwelling or the second dwelling is required for the duration of the use of the second unit for residential purposes, except both units may be rented or leased for a period of up to one year upon written request to, and approval of, the Director. Said request shall state the change in life circumstances of the owner which necessitates interruption of continuous owner occupancy. Rental or leasing of both units may be extended by the Director for one additional period not exceeding six months upon further request of the owner.
12. a. A second dwelling unit may be authorized upon the issuance of an Administrative Permit with all findings per 12.b. and with notice to property owners per 12.c, below, to allow the following:
i. Location on a legal lot of less than 20,000 square feet in net area, but not less than the minimum net area required by the applicable zoning; or on a legal lot that is at least one net acre in size and does not meet the minimum net area required by the applicable zoning.
ii. A living area greater than 30 percent of the living area of the primary dwelling, not to exceed 50 percent thereof or 1,200 square feet, whichever is less.
iii. Conversion to a second dwelling unit of an existing legal accessory living unit, or legalization as a second dwelling unit of an illegal accessory living unit which existed on July 1, 1994, when such existing living unit does not conform to one or more of the following requirements of this subsection x:
- minimum lot size: however, no conversion shall be permitted on a lot of less than the minimum net lot area required by the applicable zoning; except on a legal lot that is at least one net acre in size and does not meet the minimum net area required by the applicable zoning.
- maximum living area: however, a maximum living area of greater than 1200 square feet shall not be authorized;
- off-street parking;
- architectural design;
- location of entrance;
- height and/or setback: to the extent that a variance for height or setback was granted in connection with the establishment of a legal accessory living unit that existed on July 1, 1994, said variance shall be valid and applicable to the conversion of such accessory living unit to a second dwelling unit.
No other exceptions to this subsection or other provisions of this Ordinance shall be authorized by the Administrative Permit.
b. Before any Administrative Permit may be granted or modified, it shall be found:
i. That the location, size, design, and operating characteristics of the proposed use will be compatible with adjacent uses, residents, buildings, or structures, with consideration given to:
(a). Harmony in scale, bulk, and coverage;
(b). The availability of public facilities, services and utilities;
(c). The harmful effect, if any, upon desirable neighborhood character;
(d). The generation of traffic and the capacity and physical character of surrounding streets;
(e). The suitability of the site for the type and intensity of use or development which is proposed; and to
(f). Any other relevant impact of the proposed use; and
ii. That the impacts, as described in paragraph "i" of this section, and the location of the proposed use will be consistent with the San Diego County General Plan.
iii. That the requirements of the California Environmental Quality Act have been complied with.
c. Notice shall be provided pursuant to Section 7060.c. No hearing is required unless requested by the applicant or other affected person pursuant to Section 7060 d.
13. Prior to issuance of a building permit for a second dwelling unit, the owner of the property upon which the second dwelling unit is to be located shall submit a notarized and recorded copy of an agreement between the owner and the County of San Diego on a form supplied by the Department. Said agreement shall state that the owner understands and will abide by the requirements of this subsection, other applicable provisions of this Ordinance, and that said agreement is binding on all successors in interest to the subject property as long as the second dwelling unit is used or maintained for use as a separate dwelling unit.
See subsection ii. below for an illustrative matrix comparing Second Dwelling Units and Guest Living Quarters.
City Of La Mesa
In the R-1 zones, accessory dwelling unit subject to the following provisions and limitations:
(1)Provisions
(a)No age restriction will apply to the tenants of accessory dwelling units.
(b)The property owner must occupy either the primary or accessory unit.
(c)Occupancy of the accessory unit is restricted to no more than two persons.
(d)Accessory unit must comply with all adopted municipal codes and zoning requirements of the underlying zone.
(e)One additional off-street parking space must be provided. The required space shall not encroach into the area between the front property line and the required setback line, and not in tandem with any other required parking space. If the existing parking is nonconforming, the current parking requirements for both units shall be met when the accessory unit is added.
(f)Approval by the local health officer when a private sewage disposal system is used.
(g)The accessory dwelling unit must be attached to the existing dwelling unit. EXCEPTION: A detached unit for which a building permit was complete prior to July 1, 1983 is permitted only if the structure complies with the following:
(i)Is architecturally similar to the existing primary dwelling unit.
(ii)Conforms to all the regulations and standards of the underlying zone. No future addition may be added to the detached structure which would cause the entire structure to exceed five hundred sixty square feet.
(h)When an accessory dwelling unit is attached or made a part of the existing single family residence, the floor area is limited to five hundred sixty square feet. EXCEPTION: Excess area is needed to provide for design features for the handicapped (640 s.f. maximum may be allowed) or if the area in excess of five hundred sixty square feet was constructed prior to July 1, 1983 and all other requirements of this chapter can be met.
(i)Dwellings modified in conjunction with an accessory unit shall be designed so that the appearance of the building remains that of a single-family residence. The design must be architecturally similar to the existing unit (i.e. same roof line, siding and roof materials).
(k)The accessory unit applicant and all subsequent property owners thereafter shall annually certify by affidavit (oath statement) that they are abiding by the provisions set forth in this section, and submit evidence that CC&R's have been recorded with the county recorder.
(l)Only one accessory dwelling unit shall be permitted per lot. The lot must be in a single family residential zone (R1E, R1R, R1S, R1, R1A) and have only one single family residence currently.
NOTE: For the purposes of this section, "attached" shall be defined as: Completely within an existing principal building or added to an existing principal building, provided that both dwelling units shall be attached by a common wall, floor or ceiling, and not simply by an attached breezeway or porch; and shall be contained within one building.
City of Lemon Grove
Lemon Grove seems to have the most lenient policy for adding a Granny Flat. Most lots are fairly large so it is pretty easy to add one.
Section 17.24.060
1. Accessory Rental Dwelling Units (ARDUs). ARDUs are allowed on a lot with one single-family dwelling in the RL, RL/M, RM or RM/H zone; it may be located within the primary dwelling or otherwise consistent with subsections (B)(1) and (2). An ARDU shall be deemed to be a residential use that is consistent with the existing general plan, zoning designations, and allowable density for the lot. No local ordinance, policy, or program to limit growth shall be applied to an ARDU. ARDUs are subject to the following requirements:
a. The ARDUs area shall not exceed six hundred forty square feet or thirty percent of the primary dwelling.
b. Separate sale or ownership of the ARDU is prohibited.
c. The ARDU shall comply with all yard and setback requirements which apply to single-family dwellings and the underlying zone.
d. Off-street parking for the single-family dwelling shall meet current city standards regarding setbacks, size, and number of spaces.
e. One additional off-street parking space shall be provided for the ARDU that meets the Section 17.24.010 standards.
f. Conversion of a garage into an ARDU is not permitted until compliance with Section 17.24.010 has been achieved, including replacement of the garage.
g. An ARDU shall not be permitted on a lot having a guesthouse or guest living quarters. Conversion of a guesthouse or guest living quarters into an ARDU is permitted provided the unit is consistent with the regulations set forth in this section.
h. The planning commission may modify or waive requirements in this subsection according to the variance requirements of Section 17.28.060.
i. Appeals shall be processed according to Section 17.28.020, except that the appeal shall not include a noticed public hearing and shall only consider the project’s compliance with the standards in this subsection.
City of National City
On their website this is under FAQ:
Q: Can I build a granny flat/second unit on my residential lot?
A: Second units or granny flats are not allowed in most single-family residential zones within the City. A discussion with Planning Department counter staff can verify your property’s zoning and potential for more than one unit.
However if you dig into their municipal code I found this:
18.21.050 SECOND UNITS
A. Purpose
The purpose of this section is to provide regulations for the establishment of accessory dwelling units in
the residential zones. Accessory dwelling units help advance the city’s growth and planning policies by:
1. Accommodating new housing units while preserving the character of existing neighborhoods;
2. Allowing efficient use of the city’s existing housing stock and infrastructure;
3. Providing housing options and choices that respond to varying income levels, changing household
sizes and lifestyle needs; and,
4. Providing a means for residents—particularly seniors, single parents, younger singles and younger
couples, and empty nesters—to remain in their homes and neighborhoods, and obtain and preserve income, security, companionship, and assistance.
B. Location Requirements
1. Accessory dwelling units:
a. Shall be permitted subject to the approval of a minor use permit and provided all requirements of
this section and the zoning and building codes are met;
b. Shall be permitted on properties with only one single-family residence on the lot or constructed in
conjunction with a single-family residence;
c. Shall not be allowed where the City Manager or his/her designee determines that roadways,
public utilities or services are inadequate;
d. Not allowed on lots that exceed the allowed number of dwelling units;
e. Shall only be permitted on lots that meet the minimum requirements of the zone;
f. Shall not exceed the height of the primary residence.
C. Types
1. Accessory dwelling units may be:
a. Located within or attached to a single-family dwelling unit;
b. Located on the second story, integrated into the roof structure, or attached to the first story of a
detached or attached garage;
c. Located as a separate one story structure from the primary residence; or
d. A garage conversion only if a replacement garage is provided.
D. Setbacks
A second dwelling unit shall comply with the accessory structure setback requirements of the applicable
residential zone.
E. Size and Scale
The square footage of the accessory dwelling unit shall be a minimum of 300 square feet. For lots less
than 10,000 square feet, attached second dwelling units shall not exceed 600 square feet. On lots 10,000
square feet or greater, second dwelling units shall not exceed 800 square feet. An accessory dwelling unit
on lots less than 5,000 square feet shall have no more than one bedroom. An accessory dwelling unit on
lots 5,000 square feet or greater shall have no more than two bedrooms.
F. Height
Second dwelling units shall conform to the height limits of accessory structures in the residential zones in
which they are located and shall be limited to one (1) story on lots where the primary residence is a one
(1) story residence. Second story residences above a detached garage are not permitted where the
primary residence is one (1) story.
G. Lot Coverage
A second dwelling unit shall comply with the lot coverage requirements of accessory structures.
H. Minimum Components
An accessory dwelling unit shall include a kitchen, living/sleeping area, and bathroom facilities.
I. Entrances
The entrance to an accessory dwelling unit shall be a separate entry from an entrance to the primary
dwelling unit.
J. Architectural Compatibility
A second dwelling unit shall incorporate the same or substantially similar architectural features with
respect to roof pitch, compatible building materials, colors, and design details of the primary dwelling unit.
K. Neighbor Privacy
Accessory dwelling units shall be designed to minimize the effect of the new accessory dwelling unit on
adjacent properties; any potential impacts shall be oriented to the primary residence. A balcony, window
or door of a second story accessory dwelling unit shall be designed to lessen privacy impacts to adjacent
properties. Appropriate design techniques may include obscured glazing, window placement above eye
level, screening treatments, or locating balconies, windows and doors toward the existing on-site
residence. When adjacent to a residential zone, windows may only face the interior or front of a lot, a
street, an alley, and/or open space or park, or rear when set back 25-feet or more from the rear property
line.
L. Parking
One off-street parking space, in addition to that which is required by this code for the primary residence
shall be provided. Parking spaces include garages, carports, or off–street areas reserved for vehicles.
City of Solana Beach
They have an old looking brochure I have attached here:
§141.0302 Companion Units
A companion unit is a dwelling unit that is an accessory use for a single dwelling unit on a residential lot that provides complete living facilities, including a kitchen, independent of the primary dwelling unit. Companion units are permitted as a limited use in accordance with Process One in the zones indicated with an “L” in the Use Regulations Tables in Chapter 13, Article 1 (Base Zones) and Chapter 15, Article 1, Division 4 (General and Supplemental Regulations), subject to the following regulations:
(a) Before a Building Permit may be issued for a companion unit, the property owner shall enter into an agreement with the City in a form that is acceptable to the City Attorney. The agreement shall include the following provisions: that neither the primary dwelling unit nor the companion unit may be sold or conveyed separately; and that the property owner shall reside in the dwelling unit or the companion unit. The city will submit the agreement to the County Recorder for recordation. The agreement shall run with the land and be coterminous with the life of the companion unit.
- (b) No more than one companion unit is permitted on a premises.
(d) A companion unit may be attached to or detached from the primary dwelling unit on the premises.
(e) If access from an improved abutting alley exists, vehicular access to parking spaces for the companion unit shall be from the alley unless the premises has a garage that accommodates all off-street parking required in accordance with this section, except for premises located in the Beach Impact Area or any other zones in which vehicular access from the alley is required.
(f) If an existing garage is converted to a companion unit, another garage shall be provided on the premises to replace the converted parking spaces.
(g) Parking for the entire premises shall be brought into compliance with Chapter 14, Article 2, Division 5 (Parking Regulations) and with this section.
(h) One standard off-street parking space is required for each bedroom in the companion unit, with a minimum requirement of one parking space per companion unit.
(i) Off-street parking required by this section shall not be located in the area between the street wall and the front property line.
(j) Access to the off-street parking from an unimproved alley is not permitted.
(k) The gross floor area of the companion unit shall be included in the floor area ratio calculation for the premises.
(l) The gross floor area of the companion unit shall not exceed 700 square feet.
(m) One 24-in box tree shall be planted in the required front yard of the premises or in the abutting parkway. Existing trees that are at least 15 feet high and 15 feet in width may be used to satisfy this requirement.
(n) Maximum structure height for companion units:
(1) For companion units located above a garage or other accessory building:
(1A) tThe maximum structure height for flat-roofed structures is 21 feet; and
(2B) tThe maximum structure height is 30 feet for sloped-roofed structures with a roof pitch of at least 3:12 (3 vertical feet to 12 horizontal feet).
(2) For detached companion units, not above a garage or other accessory building:
(A) 15 feet without a chimney or flue, or
(B) 17 feet with a chimney or flue.
(o) Companion unit entrances shall not be located on the building street wall or within the front fifty percent of the structure
(p) The companion unit shall be constructed with the same siding and roofing materials as the primary dwelling unit.
(s) For detached companion units, the maximum structure height is:
(1) 15 feet without a chimney or flue, or
(2) 17 feet with a chimney or flue.
(q) Within the Coastal Overlay Zone, companion units are subject to the provisions of Chapter 12, Article 6, Division 7.
__________________________________________________________________________________________
Chula Vista
Chula Vista had an ordinance change for `granny flats': the planning director can waive the parking garage requirement for some homes. The director will decide on a case-by-case basis. The maximum size of a secondary home is allowed a maximum of 850 square feet. increasing the A secondary home, which can be attached or detached, must have a gross floor area less than the primary residence and have on-site parking. Councilwoman Mary Salas said she doesn't think there will be a proliferation of secondary homes. "I have a certain comfort level in knowing that there are probably not that many lots out there that could have granny flats," she said.
Amy Oakes. The San Diego Union - Tribune. San Diego, Calif.: Mar 25, 2004. pg. B.3 Full Text (445 words) Copyright SAN DIEGO UNION TRIBUNE PUBLISHING COMPANY Mar 25, 2004
Encinitas and Carlsbad have encouraged developers to build second units in new-home developments to meet affordable housing requirements. "We think one of the reasons we have this huge housing crisis is that after we have lots of public hearings when land is zoned and development standards are set, we come back with housing projects consistent with the zoning, but we have yet another hearing and the NIMBYs (not-in-my-back-yard advocates) come out and say we don't like it," said state housing advocate Marc Brown, who helped write the new state legislation. "We've got this double-barreled set of hearings, and it would be a lot easier if we just have the battles over the zoning and not refight these battles."
In Carlsbad, the city's affordable housing, or inclusionary, ordinance as it is known, required no proof from homeowners that their second units were being rented out at affordable levels. But that all changed two years ago when regulations were amended to require income certification of renters of the granny flats. Not surprisingly, no developer has built the second units since then, said Debbie Fountain, housing and redevelopment director. Over the last five years, nearly 200 second units have been built in Carlsbad, the great majority of which were done in new subdivisions, according to Fountain. "Prior to 2000, it was seen as an asset and developers were having good luck selling them," she added. "Now I think we'll see very few. We've always had the philosophy we shouldn't put too many restrictions on them because they're naturally affordable because they're under 640 square feet. "By tightening the restrictions, we made it clear they weren't the favored child anymore." / Union-Tribune
In Escondido the City Council adopted new requirements that would make it much harder for homeowners to build second units on their property. The new regulations were born out of concerns from neighbors that second dwellings would promote increased density and hence more traffic and parking problems. Escondido Councilwoman June Rady stated, "We tightened our ordinance so it's intended to house a parent or grandmother who needs assistance. That's why they're called granny flats. What was happening was people were building these second units and renting them for income. We as individual jurisdictions need to control our own land use destinies. I object to the state overriding our decisions."
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County of San Diego
Alpine, Bonita, Lakeside, Fallbrook, Spring Valley Etc.
If you live in any of these areas you are in the County of San Diego. Also, the edges of El Cajon & La Mesa are in the county. Thomas Brothers Map Book has the best method I have found for finding out if a property is in a City or in the County. Most likely you have a planning group that meets every month and they will require this to be reviewed.
If you are on a septic system there are special rules that need to be followed. You cannot build on, or near a septic tank or leach field and the County will not take your word for where these are located. They either have a septic plan on file or you will need to hire a professional to locate the system and have them file a plan with the County Health Department.
This also applies to a well system on the property.
Here is an excerpt from the county:
Guest Living Quarters: Living quarters attached to a primary dwelling unit without interior access or within a detached accessory building, which are for the sole use of persons employed on the premises or for temporary use by guests of the occupants of premises. Individual guests may be accommodated for a period not to exceed thirty (30) calendar days in any calendar year. Guest living quarters have neither kitchen facilities, wetbars nor laundry facilities and are not rented or otherwise used as a separate dwelling.
SECTION 6156 RESIDENTIAL AND AGRICULTURAL USE TYPES
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:
k. GUEST LIVING QUARTERS: In the A70, A72, RR, S87, S90 and S92 Use Regulations, one guest living quarters is allowed on a legal lot. In the RS, RV, RU, RRO and S88 Use Regulations, one guest living quarters is allowed on a legal lot not less than 20,000 square feet in net area. One guest living quarters may be permitted in the RS, RV, RU, RRO and S88 Use Regulations upon issuance of an Administrative Permit on a legal lot which has a net area of less than 20,000 square feet. Guest living quarters are not permitted in other zones. Guest living quarters shall comply with all of the following requirements:
- The total floor area of a guest living quarters shall not exceed thirty percent (30%) of the square footage of the primary dwelling up to a maximum of 600 square feet. Additional area, up to 50% of the square footage of the primary dwelling, may be permitted with the approval of an Administrative Permit. Only one electric meter to serve both the main dwelling and guest living quarters will be allowed.
- Only one electric meter to serve both the main dwelling and guest living quarters will be allowed.
- Guest living quarters shall not be allowed on a lot or parcel having a second dwelling unit, accessory apartment or accessory living quarters. Conversion of such a unit into guest living quarters is allowed provided all zoning and structural requirements are met. If said accessory unit was permitted by a discretionary permit, said permit shall be modified as required by the appropriate section of the Zoning Ordinance.
- Notice of guest living quarters Administrative Permit applications shall be given as provided in Section 7060(c).
- Before any Administrative Permit may be granted or modified, it shall be found:
(a). That the location, size, design, and operating characteristics of the proposed use will be compatible with adjacent uses, residents, buildings, or structures, with consideration given to:
(i). Harmony in scale, bulk, and coverage;
(ii). The harmful effect, if any, upon desirable neighborhood character;
(iii). The suitability of the site for the type and intensity of use or development which is proposed; and to
(iv). Any other relevant impact of the proposed use; and
(b). That the impacts, as described in paragraph "a" of this section, and the location of the proposed use will be consistent with the San Diego County General Plan.
(c). That the requirements of the California Environmental Quality Act have been complied with.
The Zoning Ordinance, Section 6156.x, allows the addition of a second dwelling unit to those properties zoned to allow the Family Residential use type by right. There are several limitations and requirements imposed by this section. The applicable Zoning Ordinance sections are attached, and are summarized below.
SECOND DWELLING UNITS are a complete additional house (dwelling unit) on the same lot or parcel as an existing single family detached residence, and may be rented to any person(s). The second dwelling unit may be either attached to the primary house or detached from the primary house.
A second dwelling unit is not allowed on a lot or parcel, which has a guest living quarter, accessory living quarter or accessory apartment. There are provisions in the ordinance to allow conversion of such units into a second dwelling unit.
If the parcel is dependent on a well for potable water supply, the minimum lot size must be twice the area required by the County Groundwater Ordinance. Information regarding Groundwater Ordinance requirements may be obtained from Zoning Information at (858) 565-5981.
A Second Dwelling Unit is allowed “by-right” provided all of the following are met:
The legal lot must contain at least the minimum net area required by zoning.
The lot must be at least 20,000 square feet in net area.
The proposed Second Dwelling Unit shall be no more than 30% the size of the main dwelling or 1,200 square feet, whichever is less.
The size of an attached garage/carport shall not exceed 480 square feet.
The proposed Second Dwelling Unit is not attached to a barn or other accessory structure.
Complete building plans including floor plans of the living area of both the primary dwelling and the proposed second dwelling unit (even if one is already existing) shall be provided.
Actual mathematical computations of the "living area", per definition, for both units must be provided. These calculations must state that they are from measurements taken from the interior surface of the exterior walls.
No other habitable space shall be attached to a detached Second Dwelling Unit.
All requirements of Section 6156.x are met.
An Administrative Permit for a Second Dwelling Unit is required when any of the following are applicable:
The legal lot is less than 20,000 square feet and meets the minimum net area as required by the applicable zoning.
The legal lot is at least 1 net acre in size and does not contain (at least) the minimum net area as required by the applicable zoning.
The proposed Second Dwelling Unit is up to 50% the size of the main dwelling, up to a maximum of 1,200 square feet, whichever is less.
The proposed garage/carport attached to the Second Dwelling Unit exceeds 480 square feet and the total garage/carport/storage area on the lot conforms to the limitations pursuant to Section 6156.g.
The proposed Second Dwelling Unit is to be attached to a barn or agricultural building pursuant to the limitations of Section 6156.h.
The following apply to all Second Dwelling Units (pursuant to 6156.x):
If a lot is less than 20,000 sq. ft. and it does not meet the minimum net area required by zoning, a second dwelling unit is not allowed.
Regardless of the size of the existing house, a minimum of 400 square feet is allowed, (even if that exceeds 30 percent of the size of the existing dwelling).
A unit of 640 square feet or less shall provide one additional parking space, a unit greater than 640 square feet shall provide two additional parking spaces, as required under Section 6758, parking requirements for Family Residential.
(See 6156.x.5 as to location and design of the required parking, and restriction on the conversion of existing covered parking.)
The architectural design, building materials, colors and covered parking must be substantially the same as those of the primary dwelling. There is no prohibition on the use of manufactured housing (including mobilehomes) but the requirement for conformance with the primary dwelling might be difficult to meet.
Color photographs of the street-facing sides of the existing primary dwelling shall be submitted with the second unit application.
No entrance to the second dwelling unit shall face an abutting street unless the entrance is shielded so as not be apparent when viewed from the abutting street. Plants do not qualify for shielding purposes.
The applicant must provide evidence that there is sewer (or septic) service and water available, and that any applicable school fees have been paid.
All requirements of the building and other codes, and the Zoning Ordinance, shall apply to these units.
No Variances to the requirements of the Zoning Ordinance shall be granted for the construction of second dwelling units.
Separate sale or ownership of a second dwelling unit is prohibited, unless the lot is subdivided creating a separate lot for each dwelling.
Owner-occupancy of one of the dwellings is required for the duration of use of the second unit for residential purposes, except as permitted in Section 6156.x.11.
Before a building permit is issued, the owner of the property shall submit a notarized and recorded copy of an agreement stating that the owner understands and will abide by the requirements of the Zoning Ordinance. The document is available at the Zoning Information Counter.
1110 DEFINITIONS
Net area is defined as “The gross area of a parcel minus:
1. The area of any street right-of-way,
2. Any fenced flood control or walkway easement,
3. Irrevocable offers of dedication when the property is within an urban classification of the General Plan, and
4. The area contained in the panhandle of a panhandle lot when the lot is in a zone where the minimum required lot size is 10,000 square feet or less.”
6156 RESIDENTIAL AND AGRICULTURAL USE TYPES.
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.
x. Second Dwelling Units. In zones where the Family Residential use type is allowed by right, a second dwelling unit is allowed on a legal lot containing an existing single family detached residence, or to be constructed concurrently with a primary single family detached residence, provided the following requirements are complied with:
1. The second dwelling unit shall be either attached to the primary unit, wholly or partially integrated into the primary unit, or detached from the primary unit. The second unit may be attached to another permitted accessory building, except for those accessory units or other accessory buildings specified in paragraph 4, 5 or 6 below.
2. Applicable requirements of the building and other codes and of The Zoning Ordinance shall apply to second dwelling units. No Variances shall be granted in order to provide for the second unit.
3. A lot shall contain at least the minimum net area as required by the applicable zoning to qualify for a second dwelling; however, no second dwelling unit shall be permitted on a lot with a net area of less than 20,000 square feet, except pursuant to paragraph 12 below. If a legal lot is at least 1 net acre in size and does not contain at least the minimum net area as required by the applicable zoning, a second dwelling unit may be permitted pursuant to paragraph 12 below.
However, if the lot proposed for a second dwelling is groundwater dependent the minimum size must be twice that required by the residential density controls of Section 67.722 A of the County Groundwater Ordinance unless an exception is granted pursuant to Section 67.750 (c) of that Ordinance.
4. Second dwelling units shall not be allowed on a lot or parcel with a guest living quarter, accessory living quarter, or accessory apartment. Conversion of such quarters into a second dwelling unit is allowed provided all applicable zoning and other code requirements are met, and subject to the following procedures:
i. Application for modification of the Administrative Permit or Minor Use Permit that authorized the accessory unit proposed for conversion to a second dwelling unit (if an Administrative Permit is required to establish the Second Dwelling Unit pursuant to paragraph 12 below) and application for any other applicable permits; or
ii. If no Administrative Permit is required to establish a second dwelling unit, and an Administrative or Minor Use Permit was approved to authorize the accessory unit proposed for conversion to a second dwelling unit, a request to rescind the existing Administrative or Minor Use Permit may be submitted in addition to an application for building permit and any other applicable permits; or
iii. If no Administrative or Minor Use Permit was required to authorize the accessory unit proposed for conversion (Guest Living Quarters in certain use regulations), by application for a building permit and any other applicable permits; or
iv. If the accessory unit proposed for conversion was established illegally, by application pursuant to this subsection "4" as if a new second dwelling unit was being proposed.
5. Second dwelling units with a living area exceeding 640 square feet shall comply with the parking requirements for Family Residential under Section 6758. Second dwelling units with a living area not exceeding 640 square feet shall provide one additional off-street parking space. Said additional parking spaces shall not be in tandem with existing spaces. If establishment of the second dwelling unit involves a garage conversion, replacement covered off-street parking shall be provided concurrently. A garage or carport attached to the second dwelling unit shall not exceed 480 square feet of gross floor area. Additional garage area attached to the second dwelling unit may be permitted pursuant to paragraph 12 below. No other structures defined by Section 6156.b shall be attached to a second dwelling unit. No other structures defined by Section 6156.h shall be attached to a second dwelling unit unless approved pursuant to paragraph 12 below.
6. The living area of a second dwelling unit shall not exceed 30 percent of the living area of the existing unit, up to a maximum floor area of 1,200 square feet, except pursuant to paragraph 12 below. However, a second dwelling unit of up to 400 square feet is permitted (even if that figure exceeds 30 percent of the size of the primary dwelling). No other habitable space shall be attached to a detached second dwelling unit.
7. Applicants are required to provide evidence satisfactory to the Director of the following:
i. Adequate sewer service or approval by the Department of Environmental Health for use of a septic system;
ii. Adequate potable water supply; and
iii. That applicable school district fees have been paid.
8. The architectural design, building materials, colors and, if provided, covered parking shall be substantially the same as those of the primary dwelling. Color photographs of the street-facing sides of the existing primary dwelling shall be submitted with the second unit application.
9. No entrance to the second dwelling unit shall face an abutting street unless the entrance is shielded so as not to be apparent when viewed from the abutting street. Plant materials shall not qualify for shielding purposes.
10. Separate sale or ownership of a second dwelling unit from the primary dwelling located on a single lot is prohibited, unless a subdivision is created pursuant to the County Subdivision Ordinance.
11. Application for and issuance of a discretionary permit for a second dwelling shall be limited to the owner-occupant of the primary dwelling or his/her authorized agent. Owner-occupancy of either the primary dwelling or the second dwelling is required for the duration of the use of the second unit for residential purposes, except both units may be rented or leased for a period of up to one year upon written request to, and approval of, the Director. Said request shall state the change in life circumstances of the owner which necessitates interruption of continuous owner occupancy. Rental or leasing of both units may be extended by the Director for one additional period not exceeding six months upon further request of the owner.
12. a. A second dwelling unit may be authorized upon the issuance of an Administrative Permit with all findings per 12.b. and with notice to property owners per 12.c, below, to allow the following:
i. Location on a legal lot of less than 20,000 square feet in net area, but not less than the minimum net area required by the applicable zoning; or on a legal lot that is at least one net acre in size and does not meet the minimum net area required by the applicable zoning.
ii. A living area greater than 30 percent of the living area of the primary dwelling, not to exceed 50 percent thereof or 1,200 square feet, whichever is less.
iii. Conversion to a second dwelling unit of an existing legal accessory living unit, or legalization as a second dwelling unit of an illegal accessory living unit which existed on July 1, 1994, when such existing living unit does not conform to one or more of the following requirements of this subsection x:
- minimum lot size: however, no conversion shall be permitted on a lot of less than the minimum net lot area required by the applicable zoning; except on a legal lot that is at least one net acre in size and does not meet the minimum net area required by the applicable zoning.
- maximum living area: however, a maximum living area of greater than 1200 square feet shall not be authorized;
- off-street parking;
- architectural design;
- location of entrance;
- height and/or setback: to the extent that a variance for height or setback was granted in connection with the establishment of a legal accessory living unit that existed on July 1, 1994, said variance shall be valid and applicable to the conversion of such accessory living unit to a second dwelling unit.
No other exceptions to this subsection or other provisions of this Ordinance shall be authorized by the Administrative Permit.
b. Before any Administrative Permit may be granted or modified, it shall be found:
i. That the location, size, design, and operating characteristics of the proposed use will be compatible with adjacent uses, residents, buildings, or structures, with consideration given to:
(a). Harmony in scale, bulk, and coverage;
(b). The availability of public facilities, services and utilities;
(c). The harmful effect, if any, upon desirable neighborhood character;
(d). The generation of traffic and the capacity and physical character of surrounding streets;
(e). The suitability of the site for the type and intensity of use or development which is proposed; and to
(f). Any other relevant impact of the proposed use; and
ii. That the impacts, as described in paragraph "i" of this section, and the location of the proposed use will be consistent with the San Diego County General Plan.
iii. That the requirements of the California Environmental Quality Act have been complied with.
c. Notice shall be provided pursuant to Section 7060.c. No hearing is required unless requested by the applicant or other affected person pursuant to Section 7060 d.
13. Prior to issuance of a building permit for a second dwelling unit, the owner of the property upon which the second dwelling unit is to be located shall submit a notarized and recorded copy of an agreement between the owner and the County of San Diego on a form supplied by the Department. Said agreement shall state that the owner understands and will abide by the requirements of this subsection, other applicable provisions of this Ordinance, and that said agreement is binding on all successors in interest to the subject property as long as the second dwelling unit is used or maintained for use as a separate dwelling unit.
See subsection ii. below for an illustrative matrix comparing Second Dwelling Units and Guest Living Quarters.
City Of La Mesa
In the R-1 zones, accessory dwelling unit subject to the following provisions and limitations:
(1)Provisions
(a)No age restriction will apply to the tenants of accessory dwelling units.
(b)The property owner must occupy either the primary or accessory unit.
(c)Occupancy of the accessory unit is restricted to no more than two persons.
(d)Accessory unit must comply with all adopted municipal codes and zoning requirements of the underlying zone.
(e)One additional off-street parking space must be provided. The required space shall not encroach into the area between the front property line and the required setback line, and not in tandem with any other required parking space. If the existing parking is nonconforming, the current parking requirements for both units shall be met when the accessory unit is added.
(f)Approval by the local health officer when a private sewage disposal system is used.
(g)The accessory dwelling unit must be attached to the existing dwelling unit. EXCEPTION: A detached unit for which a building permit was complete prior to July 1, 1983 is permitted only if the structure complies with the following:
(i)Is architecturally similar to the existing primary dwelling unit.
(ii)Conforms to all the regulations and standards of the underlying zone. No future addition may be added to the detached structure which would cause the entire structure to exceed five hundred sixty square feet.
(h)When an accessory dwelling unit is attached or made a part of the existing single family residence, the floor area is limited to five hundred sixty square feet. EXCEPTION: Excess area is needed to provide for design features for the handicapped (640 s.f. maximum may be allowed) or if the area in excess of five hundred sixty square feet was constructed prior to July 1, 1983 and all other requirements of this chapter can be met.
(i)Dwellings modified in conjunction with an accessory unit shall be designed so that the appearance of the building remains that of a single-family residence. The design must be architecturally similar to the existing unit (i.e. same roof line, siding and roof materials).
(k)The accessory unit applicant and all subsequent property owners thereafter shall annually certify by affidavit (oath statement) that they are abiding by the provisions set forth in this section, and submit evidence that CC&R's have been recorded with the county recorder.
(l)Only one accessory dwelling unit shall be permitted per lot. The lot must be in a single family residential zone (R1E, R1R, R1S, R1, R1A) and have only one single family residence currently.
NOTE: For the purposes of this section, "attached" shall be defined as: Completely within an existing principal building or added to an existing principal building, provided that both dwelling units shall be attached by a common wall, floor or ceiling, and not simply by an attached breezeway or porch; and shall be contained within one building.
City of Lemon Grove
Lemon Grove seems to have the most lenient policy for adding a Granny Flat. Most lots are fairly large so it is pretty easy to add one.
Section 17.24.060
1. Accessory Rental Dwelling Units (ARDUs). ARDUs are allowed on a lot with one single-family dwelling in the RL, RL/M, RM or RM/H zone; it may be located within the primary dwelling or otherwise consistent with subsections (B)(1) and (2). An ARDU shall be deemed to be a residential use that is consistent with the existing general plan, zoning designations, and allowable density for the lot. No local ordinance, policy, or program to limit growth shall be applied to an ARDU. ARDUs are subject to the following requirements:
a. The ARDUs area shall not exceed six hundred forty square feet or thirty percent of the primary dwelling.
b. Separate sale or ownership of the ARDU is prohibited.
c. The ARDU shall comply with all yard and setback requirements which apply to single-family dwellings and the underlying zone.
d. Off-street parking for the single-family dwelling shall meet current city standards regarding setbacks, size, and number of spaces.
e. One additional off-street parking space shall be provided for the ARDU that meets the Section 17.24.010 standards.
f. Conversion of a garage into an ARDU is not permitted until compliance with Section 17.24.010 has been achieved, including replacement of the garage.
g. An ARDU shall not be permitted on a lot having a guesthouse or guest living quarters. Conversion of a guesthouse or guest living quarters into an ARDU is permitted provided the unit is consistent with the regulations set forth in this section.
h. The planning commission may modify or waive requirements in this subsection according to the variance requirements of Section 17.28.060.
i. Appeals shall be processed according to Section 17.28.020, except that the appeal shall not include a noticed public hearing and shall only consider the project’s compliance with the standards in this subsection.
City of National City
On their website this is under FAQ:
Q: Can I build a granny flat/second unit on my residential lot?
A: Second units or granny flats are not allowed in most single-family residential zones within the City. A discussion with Planning Department counter staff can verify your property’s zoning and potential for more than one unit.
However if you dig into their municipal code I found this:
18.21.050 SECOND UNITS
A. Purpose
The purpose of this section is to provide regulations for the establishment of accessory dwelling units in
the residential zones. Accessory dwelling units help advance the city’s growth and planning policies by:
1. Accommodating new housing units while preserving the character of existing neighborhoods;
2. Allowing efficient use of the city’s existing housing stock and infrastructure;
3. Providing housing options and choices that respond to varying income levels, changing household
sizes and lifestyle needs; and,
4. Providing a means for residents—particularly seniors, single parents, younger singles and younger
couples, and empty nesters—to remain in their homes and neighborhoods, and obtain and preserve income, security, companionship, and assistance.
B. Location Requirements
1. Accessory dwelling units:
a. Shall be permitted subject to the approval of a minor use permit and provided all requirements of
this section and the zoning and building codes are met;
b. Shall be permitted on properties with only one single-family residence on the lot or constructed in
conjunction with a single-family residence;
c. Shall not be allowed where the City Manager or his/her designee determines that roadways,
public utilities or services are inadequate;
d. Not allowed on lots that exceed the allowed number of dwelling units;
e. Shall only be permitted on lots that meet the minimum requirements of the zone;
f. Shall not exceed the height of the primary residence.
C. Types
1. Accessory dwelling units may be:
a. Located within or attached to a single-family dwelling unit;
b. Located on the second story, integrated into the roof structure, or attached to the first story of a
detached or attached garage;
c. Located as a separate one story structure from the primary residence; or
d. A garage conversion only if a replacement garage is provided.
D. Setbacks
A second dwelling unit shall comply with the accessory structure setback requirements of the applicable
residential zone.
E. Size and Scale
The square footage of the accessory dwelling unit shall be a minimum of 300 square feet. For lots less
than 10,000 square feet, attached second dwelling units shall not exceed 600 square feet. On lots 10,000
square feet or greater, second dwelling units shall not exceed 800 square feet. An accessory dwelling unit
on lots less than 5,000 square feet shall have no more than one bedroom. An accessory dwelling unit on
lots 5,000 square feet or greater shall have no more than two bedrooms.
F. Height
Second dwelling units shall conform to the height limits of accessory structures in the residential zones in
which they are located and shall be limited to one (1) story on lots where the primary residence is a one
(1) story residence. Second story residences above a detached garage are not permitted where the
primary residence is one (1) story.
G. Lot Coverage
A second dwelling unit shall comply with the lot coverage requirements of accessory structures.
H. Minimum Components
An accessory dwelling unit shall include a kitchen, living/sleeping area, and bathroom facilities.
I. Entrances
The entrance to an accessory dwelling unit shall be a separate entry from an entrance to the primary
dwelling unit.
J. Architectural Compatibility
A second dwelling unit shall incorporate the same or substantially similar architectural features with
respect to roof pitch, compatible building materials, colors, and design details of the primary dwelling unit.
K. Neighbor Privacy
Accessory dwelling units shall be designed to minimize the effect of the new accessory dwelling unit on
adjacent properties; any potential impacts shall be oriented to the primary residence. A balcony, window
or door of a second story accessory dwelling unit shall be designed to lessen privacy impacts to adjacent
properties. Appropriate design techniques may include obscured glazing, window placement above eye
level, screening treatments, or locating balconies, windows and doors toward the existing on-site
residence. When adjacent to a residential zone, windows may only face the interior or front of a lot, a
street, an alley, and/or open space or park, or rear when set back 25-feet or more from the rear property
line.
L. Parking
One off-street parking space, in addition to that which is required by this code for the primary residence
shall be provided. Parking spaces include garages, carports, or off–street areas reserved for vehicles.
City of Solana Beach
They have an old looking brochure I have attached here:
City of Del Mar
They have the most complicated zoning ordinance I have ever seen. I have been going through it and it is not clear on what they allow and don’t allow. Every zone has this section in it:
30.13.030 Allowable Uses. The allowable uses in the R1-10B Zone are: [Ord. 711]
A. A one family dwelling on each building site; and
B. On parcels which meet the minimum lot size specified for the R1-10B Zone, an affordable second dwelling unit subordinate to a principal residence on the site, provided the affordable second dwelling unit meets all of the following criteria. [Ord. 760]
1. The size of the affordable second dwelling unit does not exceed 550 square feet;
2. The rental fee charged for the affordable second dwelling unit shall meet the applicable standards for housing available to individuals as identified as “low income”, pursuant to California Health and Safety Code Section 50093 and 50053. The rental fee charged shall not exceed 30% of the adjusted gross income for a “low-income” Revised December 2003
individual or household. Such individuals who qualify as “low-income” shall have a yearly gross income of not more than 80% of the median income for the San Diego Metropolitan Statistical Area (MSA) as defined yearly by the United States Housing and Urban Development Department; and
3. The owner of the property shall record a covenant against the deed for the property, restricting the use of the affordable second dwelling unit for a period of at least 30 years as housing that is exclusively available to individuals identified as “low income” pursuant to the California Health and Safety Code Section 50093. [Ord. 760]
The covenant shall require that the property owner submit an Annual Report to the Planning and Community Development Director on July 1st of each year that the covenant is in effect. The Annual Report shall demonstrate compliance with the requirements of this Section, including the status of the affordable second dwelling unit (vacant or occupied), tenant income verification, tenant monthly rent, current tenant and property owner contact information and any additional information deemed necessary by the Planning and Community Development Director. If the affordable second dwelling unit is not rented as restricted by the covenant, the property may be subject to an extension of the period required for the restricted unit and the owner may be subject to any other penalty provisions of this Code;
4. The location of the affordable second dwelling unit shall be limited to the basement and/or first floor levels and the application shall only be allowed on a site where a principal residence is currently in existence or combined with an application for the construction of a new principal residence; [Ord. 760]
5. The affordable second dwelling unit shall not exceed a building height of 14 as measured pursuant to the Del Mar Municipal Code;
6. The design of the affordable second dwelling unit shall be consistent with the existing principal residence on-site, including but not limited to, roof material, exterior building color, window trim, architectural features, etc.; [Ord. 760]
7. The affordable second dwelling unit shall be constructed a minimum of six feet from any other structure on the parcel of land, if the unit is to be a detached structure;
8. Any outdoor lighting for the proposed affordable second dwelling unit shall be shielded and directed downward and away from neighboring properties and public right-of-way; and
- An affordable second dwelling unit shall not be allowed within the Bluff/Slope/Canyon, Open Space, Historic, Coastal Bluff and the Lagoon Overlay zones, due to the environmental or other sensitivity of these parcels of land (e.g. steep slope, wetlands and potential disturbance of animal and vegetation species). [Ord. 760]
30.13.060 Design Review. All development in the R1-10B Zone shall be subject to design review by the Design Review Board pursuant to the provisions of this Code. In reviewing said development, the Design Review Board shall, in addition to the criteria specified elsewhere in this Code, consider siting alternatives, building size and bulk constraints, landscaping requirements, and other design improvements as may be reasonably required to preserve and enhance the integrity, public use, enjoyment, and public visibility to and from public open spaces, the beach, and the beach bluffs.
City of Coronado
This is the City most of the guest units I have done were built. Oddly, if you go to the building counter they will say they do not allow Granny Flats but they dont tell you they call them "Carriage Houses" however most of the time i just call it a "habitable accessory structure"
Here is what the code says:
86.56.100 Accessory buildings.
H. An accessory building shall not constitute a separate dwelling unit. Accessory buildings that are “habitable units” shall not contain a kitchen and shall be only for use by the resident of the main building or such resident’s guests. Accessory buildings or “habitable units” within accessory buildings shall not be rented, let or leased independent of the main building for any lot. Except as otherwise provided herein, no building or portions of buildings shall be leased apart from the entire parcel and any agreement to rent, let, or lease any portion of a building, home, or lot contrary to the provisions of this subsection shall be a violation of this chapter unless it includes all buildings and all habitable units on the lot or parcels comprising the residential lot as the defined tenancy under the lease.
A covenant prepared by the City of Coronado, signed by the property owner and recorded by the San Diego County Recorder’s Office outlining the regulations of accessory buildings and habitable units shall be required prior to construction plans being approved and a building permit being issued for conversion to, or construction of, a habitable unit or carriage house.
1. Notwithstanding the restrictions on the lease of portions of buildings provided in this subsection H, an owner of a property may enter into a lease for any habitable unit in a home in which the property owner is also residing, which is not located in an accessory building or structure.
2. Nothing herein shall permit the lease of a room as a “habitable unit” where the room is separated from the home or building by means of walls or doors locked, or lockable, from the main building or home in order to prevent entry, and where the tenant is required to access the unit from an exterior door not shared by the owner or any other occupants of the building or home. (Ord. 1992 §§ 1, 2, 2008)
86.56.110 Carriage house.
One “carriage house” shall be permitted on single-family residential and single-family residential subzone lots that have both street and alley access subject to all of the following standards:
A. The second story of the main dwelling is set back a minimum of 50 percent of the lot depth from the rear property line, except that the second story of the main dwelling may encroach into said 50 percent setback a maximum of five percent of the lot depth for no more than half of the rear facade width, provided there is an equal or greater volume of building set back the same distance beyond said 50 percent setback line.
B. There is a minimum of 25-foot open space between any part of the main dwelling and the first and second story of the carriage house building, not including a maximum of one open and unenclosed stairway providing access to the second story of the carriage house building.
C. There shall be a minimum setback of five feet from the rear property line for the first story and a minimum of three feet and maximum of six feet setback from the rear property line for the second story.
D. A minimum of 60 percent of the second story facade along the alley shall be offset from the first story facade a minimum of 24 inches towards the alley (an additional 12-inch eave is permitted) or a minimum of 12 inches towards the main dwelling.
E. No portion of the second story of the carriage house building is permitted to extend beyond 26 feet from the rear property line (excluding one open, unenclosed stairway).
F. No carriage house building shall exceed 600 square feet on the first story and 400 square feet on the second story (not including one open, unenclosed stairway).
G. Two “covered and enclosed parking” spaces shall be provided on the first story of the carriage house building.
H. The exterior of the second story habitable space shall not exceed 22 feet in width along the facade which is most parallel to the alley.
I. No portion of the second story is permitted to project beyond the first story except adjoining the alley.
J. “Architectural projections” as permitted in other sections of this code shall be allowed to project into the required setbacks or building separation area, except for “bay, bow, or garden windows,” which shall not be permitted to encroach into the required setbacks or building separation area, except along the alley as permitted in subsection D of this section.
K. No portion of the main roof, dormers, or roof architectural features of a carriage house building with a 3:12 or greater roof pitch shall have a pitch of less than 3:12.
L. One 16-square-foot (i.e., four feet by four feet) open, unenclosed stair landing place shall be allowed at the second story level entrance to the carriage house and one intermediate landing not to exceed 16 square feet if an L-shaped stair or 32 square feet if a U-shaped stair shall be permitted.
M. Access to the second story shall only be external to the carriage house building with an open and unenclosed stair with the foot of said access stairs only entered from the main dwelling side of the structure.
N. Other than along the side property line, no fence is allowed within the required open space between the carriage house building and the main dwelling, except for a transparent temporary construction fence.
O. A trellis, attached to the main house and not to exceed 14 feet in height at highest point, is allowed in required open space between structures.
P. No balconies or roof decks of any kind are allowed on a carriage house building.
Q. The use of a carriage house building shall be in accordance with CMC 86.56.100(H) for accessory buildings.
R. Architectural style and materials shall be compatible with the main dwelling. (Ord. 2003 § 13, 2009; Ord. 1992 §§ 1, 2, 2008)
City of Imperial Beach
The City of Imperial Beach has adopted an ordinance to ban Granny Flats which in my view is against California Law:
19.12.110. Preclusion of second-family units.
A. Second-family units, as described in Government Code Section 65852.2(d)(3) are precluded in the R-1-6000 Single-Family Residential zone.
B. Whereas, the city council acknowledges that precluding second-family units in the R-1 single-family residential zones may limit some housing opportunities of the region, the city council determines it is not in the best interest of the public health, safety and welfare to permit second-family dwelling units in the R-1 single-family residential zones, based upon the following adverse impacts:
1. Existing neighborhood patterns will be disrupted;
2. Excessive density will adversely affect police and fire protection services;
3. Health and psychological problems will be created due to overcrowding;
4. In light of decreasing state subventions, an added fiscal drain would be placed on the city to enforce a permissive second-unit ordinance;
5. Further strain will be placed on the existing sewer system;
6. Additional traffic congestion would be caused on major streets;
7. Aesthetic impacts on neighborhoods will result from unplanned residential construction;
8. An increase in neighborhood noise levels and demands for noise ordinance enforcement would occur;
9. New construction would deprive existing residences of adequate natural light and air circulation.
C. Whereas, the city council further finds that the city meets the intent of state legislation regarding second-family units in that:
1. There is an abundance of low- and moderate-income housing as documented by the San Diego Association of Governments and census information indicating:
a. San Diego County fair market rent for a two-bedroom apartment is six hundred eighty-four dollars which the median contract rent in the city is five hundred thirty-nine dollars;
b. 1990 census information reported six thousand three hundred eighty-eight rental units in the city, with three thousand three-hundred ninety-eight (fifty-three percent) renting for five hundred forty-nine dollars or less and four thousand nine hundred fourteen (seventy-six percent) renting for six hundred forty-nine dollars or less;
c. The median age for the entire San Diego region is 31.9 years and the median age for the city is 25.8 years;
2. The St. James senior citizens housing project provides one hundred units in low-income housing for senior citizens;
3. The city is an extremely young community with a senior citizens population with only 7.9 percent of its population over sixty years of age or older. (Ord. 94-884, 1994; Ord. 855, 1992)
They are allowed in high density zones but if you look at the zoning map there are very few properties that would allow a Granny Flat: Zoning Map
City of El Cajon
17.140.180 Second family units. The standards set forth in this section may be applied to any residentially zoned lot in the city that contains only one (1) single-family dwelling upon such lot. If any use beyond that of one (1) single-family dwelling exists upon a lot, then such lot is not qualified to receive a second-family unit. Notwithstanding the foregoing, no second-family unit shall be permitted in any approved planned unit development (PUD) or planned residential development (PRD). No second-family unit shall be sold or offered for sale separate from the primary residence.
A. Permit Required. An administrative zoning permit shall be required prior to issuance of a building permit for any new second-family unit. The administrative zoning permit shall be processed in accordance with the provisions of Chapter 17.40.
B. Standards of Development. Every second-family unit shall meet the following requirements:
1. Conformance with all setbacks and distance requirements of the zone in which the unit is located;
2. Conformance with all lot coverage and height requirements of the zone in which the unit is located;
3. Provision of one (1) additional paved off-street parking space for each bedroom in the proposed second-family unit. Such parking spaces shall not be located in the required front yard setback area, and tandem parking shall not be permitted except in the RS-6000 zone.
4. A second unit may be attached to the existing dwelling unit or detached from it; under either circumstance separate utility connections and separate utility meters will be required;
5. If a second unit is attached to the existing dwelling unit, a firewall separation between the units shall be required in conformance with the California Building Code;
6. No minimum size shall be required for a second unit. Minimum standards will be applied through the building code;
7. No second family unit shall exceed an area of 640-square feet, inclusive of covered porches and patios, but exclusive of any attached garage or carport;
8. Covered patios, porches and similar covered areas and detached accessory structures intended to be used by the occupant of the second-family unit, except for a garage or carport, shall be limited to a maximum 10 percent of the floor area of the proposed second-family unit;
9. The proposed second-family unit shall be constructed of similar building materials and with a similar architectural style to the primary dwelling unit, and;
10. The residents of the primary unit and the secondary unit shall each establish and maintain separate accounts for the collection of solid waste and recycling services from the city or its solid waste and recycling contractor.
C. Standards of Performance. Every second-family unit approved by this title shall meet the following standards of performance:
1. The property owner must occupy one (1) of the units. Should this requirement not be honored by the property owner, it will be cause to have the second unit removed in accordance with appropriate procedures;
2. The approved site plan shall be recorded so that it appears in the chain of title for the property. A building permit will not be issued without proof of recordation of the approved site plan.
D. Special Exemption from City Standards. Notwithstanding other provisions of this title, the addition of a second-family unit on a lot as provided under this section of and by itself will not initiate requirements for any new or updated standards relating to the existing residential structure. Such standards or requirements that would otherwise apply will be deferred until the normal operation of those other city code sections come to apply to such property. Such deferral of new or updated standards will not be granted for any building or portion thereof that was constructed illegally, nor will such deferral be granted for required public improvements. It is the clear intent of this subsection that the existing standards which were legally provided on the existing residential structure may remain as they were prior to the construction of the second-family unit. (Ord. 4968 § 37, 2011; Ord. 4950 § 3, 2010)
City of Poway
City of Escondido
I am adding these cities to the website next