Chapter 17.20

RESIDENTIAL ZONES (ER), (LR), (LMR), (MR), (MHR), (HR)

Sections:

• 17.20.010 Purpose and intent.

• 17.20.020 Permitted uses and structures.

• 17.20.030 Property development regulations.

17.20.040 Specific requirements.

• 17.20.050 Density bonus.

• 17.20.060 Property maintenance regulations.

• 17.20.070 Off-street parking requirements. 17.20.080 Landscaping requirements.

The residential zones are intended to implement the goals and objectives for single-family and multifamily residential development as established in the Solana Beach general plan. The individual zones which are required to implement the land use designations in the Solana Beach general plan are described as follows:

A. Estate Residential Zone (ER-1), (ER-2) – (zero to two dwelling units/acre): These zones are intended for residential development in areas characterized by single-family homes on semirural estate lots of one-half acre or larger. The estate sized parcels help preserve the natural terrain and minimize grading requirements.

B. Low Residential Zone (LR) – (three dwelling units/acre): This zone is intended for residential development in areas characterized by detached single-family homes on older subdivided lots. Within the scaled residential overlay zone (SROZ), development in the LR zone shall also be subject to the SROZ superseding development regulations (SBMC 17.48.040).

C. Low Medium Residential Zone (LMR) – (four dwelling units/acre): This zone is intended for residential development in areas characterized primarily by detached single-family homes on both older and newer subdivided lots. Within the SROZ, development in the LMR zone shall also be subject to the SROZ superseding development regulations (SBMC 17.48.040).

D. Medium Residential Zone (MR) – (five to seven dwelling units/acre): This zone is intended to provide for residential development in areas characterized primarily by detached single-family dwellings on older subdivided lots and two-family

17-44

(Revised 7/25)

Solana Beach Municipal Code

17.20.020

and multiple-family dwellings within newer, large lot, planned developments. Within the SROZ, development in the MR zone shall also be subject to the SROZ superseding development regulations (SBMC 17.48.040).

E. Medium High Residential Zone (MHR) – (eight to 12 dwelling units/acre): This zone is intended for a wide range of residential development types including detached single-family and attached duplex units at the low end of the density range and multiple-family attached units at the higher end of the density range.

F. High Residential Zone (HR) – (13 to 20 dwelling units/acre): This zone is intended for multiple-family attached units such as apartments and condominium buildings. Such areas are located in close proximity to major community facilities, commercial centers and transportation routes. It is intended that development in this zone utilize innovative site planning, and provide on-site recreational amenities. (Ord. 534 § 10, 2024; Ord. 357 § 3, 2007; Ord. 185 § 2, 1993)

A. Principal and Conditional Uses. The uses permitted in the residential zones shall be as indicated in SBMC 17.12.020 (Use Regulations Matrix) Table 17.12.020-A. Permitted, conditional, and prohibited uses are indicated as follows:

• “P” indicates that the use shall be a permitted use in the zone.

• “PL” indicates that the use shall be permitted subject to the limitations set forth in subsection B of this section.

• “C” indicates that the use is subject to a conditional use permit issued by the director of community development in accordance with SBMC 17.68.010 (Conditional Use Permits).

• “CC” indicates that the use is subject to a conditional use permit issued by the city council in accordance with SBMC 17.68.010 (Conditional Use Permits).

• “E” indicates that the use shall be prohibited within the zone.

In the event a use is not specifically listed in Table 17.12.020-A, the director of community development shall have the authority to categorize such use in accordance with the procedure outlined in SBMC 17.12.030 (Use Determination).

B. Use Limitations. The following limitations shall apply to the uses identified within the zones listed below:

1. (ER-1), (ER-2), (LR), (LMR), (MR), (MHR), (HR) Zones.

a. Home occupations shall be allowed as an accessory use in the (ER-1), (ER-2), (LR), (LMR), (MR), (MHR), and (HR) zones subject to the requirements set forth in SBMC 17.20.040(A).

b. Garage sales shall be allowed as an accessory use in the (ER-1), (ER-2), (LR), (LMR), (MR), (MHR), and (HR) zones subject to the requirements set forth in SBMC 17.20.040(Q).

c. Mobile home and manufactured housing on individual lots shall be permitted as a principal use in the (ER-1), (ER-2), (LR), (LMR), (MR), (MHR), and (HR) zones subject to the requirements of SBMC 17.20.040(B).

d. Accessory dwelling units shall be allowed as an accessory use in the (ER-1), (ER-2), (LR), (LMR), (MR), (MHR), and (HR) zones subject to the requirements set forth in SBMC 17.20.040(D).

e. Group residential facilities with six or fewer persons shall be permitted as a principal use in the (ER-1), (ER-2), (LR), (LMR), and (MR) zones.

C. Accessory Uses and Structures.

1. Accessory Uses Permitted. The following accessory uses and structures shall be permitted on the same lot or premises as the principal use, as set forth below:

a. Accessory uses as identified in subsection B of this section;

b. Horticultural and floricultural cultivation, orchard and vineyard crops, field crops, animal raising and retail nurseries in the (ER-1), (ER2), and (LR) zones only pursuant to a conditional use permit and subject to the requirements set forth in SBMC 17.20.040(F);

c. Parking lots and/or garages to accommodate vehicles owned by residents, clients or guests of the principal or accessory use;

d. Greenhouses subject to the requirements set forth in SBMC 17.20.040(G);

e. Swimming pools, spas, and associated equipment subject to the requirements set forth in SBMC 17.20.040(K);

f. Outdoor recreational courts and facilities subject to the requirements set forth in SBMC 17.20.040(K);

17-45

(Revised 7/25)

17.20.030

g. Clubhouses and indoor recreational facilities;

h. Storage buildings and other auxiliary structures;

i. Signs in accordance with Chapter 17.64 SBMC.

2. Attached Accessory Structures Greater than 42 Inches in Height. Except as otherwise provided in subsection (C)(5) of this section, all attached accessory structures greater than 42 inches in height shall be made structurally a part of the principal structure, be composed of materials which are visually compatible with the principal structure and shall comply in all respects with the requirements applicable to the principal structure.

3. Detached Accessory Structures Greater than 42 Inches in Height. Except as otherwise provided in subsection (C)(5) of this section and SBMC 17.20.040 (Specific Requirements), detached accessory structures greater than 42 inches in height shall comply with all of the following requirements:

a. Accessory structures shall conform to all front and side yard setbacks.

b. Accessory structures may be located within a rear yard setback to within five feet of the rear property line. Such structures shall not occupy more than 30 percent of the required rear yard area nor more than one-third of the lot width, except for a maximum 24-foot wide by 20-foot deep garage on residential property on an alley adjacent to commercial property.

c. Accessory structures shall conform to all applicable height and daylight plane requirements set forth in SBMC 17.20.030(G) and (H) and shall not exceed a height of 12 feet where located within a rear yard setback.

d. A minimum separation distance of six feet shall be maintained between a detached accessory structure and the principal structure.

e. Accessory structures shall comply with all applicable fire, health, safety, and building provisions of this code.

4. Accessory Structures, 42 Inches or Less. Except as otherwise specifically prohibited by this title, attached or detached accessory structures 42 inches or less in height may be located within any rear or side yards.

required rear yard to within three feet of any property line and no minimum separation distance shall be required.

6. More than one principal structure may be permitted on a building site subject to the requirements of SBMC 17.20.030 (Property Development Regulations).

D. Temporary Uses and Structures. Temporary uses and structures shall be permitted in the (ER1), (ER-2), (LR), (LMR), (MR), (MHR), and (HR) zones pursuant to SBMC 17.60.010 (Temporary Uses and Structures).

E. Two-Unit Residential Developments. Twounit residential developments shall be permitted in the (ER-1), (ER-2), (LR), and (LMR) zones pursuant to SBMC 17.20.040(R) (Two-Unit Residential Developments in Single-Family Zones). (Ord. 534 § 8, 2024; Ord. 525 §§ 4, 5, 2023; Ord. 521 § 5, 2021; Ord. 248 § 1, 1998; Ord. 215 § 6, 1996; Ord. 185 § 2, 1993)

17.20.030 Property development regulations. A. Minimum Lot Sizes and Dimensions.

1. The minimum lot sizes and dimensions for the (ER-1), (ER-2), (LR), (LMR), (MR), (MHR), and (HR) zones shall be as follows:

Table 17.20.030-A Minimum Lot Dimensions

For any lot which fronts on a turnaround or a curving street having a radius of curvature of less than 100 feet, the minimum frontage shall be reduced to 35 feet.

5. Open Shade Structures. Lightweight, open shade structures such as canopies, awnings, arbors, and trellises shall be permitted within a

17-46

(Revised 7/25)

Solana Beach Municipal Code

17.20.030

B. Density Regulations.

1. The maximum allowable densities for the (ER-1), (ER-2), (LR), (LMR), (MR), (MHR), and (HR) zones shall be as follows:

Table 17.20.030-B Maximum Dwelling Unit Density

a. The permitted density in the situation where the minimum range cannot be met shall be the first whole number above the minimum of the range. In no instance, however, shall it exceed the maximum number permitted by the general plan and these zoning regulations (see Council Policy #7).

b. In the (ER-1), (ER-2), (LR), and (LMR) zones, no lot shall be occupied by more than one principal dwelling unit. c. Densities exceeding the base density in excess of those permitted by note (a) of this table are allowable, up to the maximum density specified; provided the development is approved pursuant to a development review permit. The maximum density shall not be construed to be a “guaranteed right” and shall be granted only upon demonstration that the proposed development incorporates exemplary site planning and design and complies with all applicable zoning regulations and general plan objectives. Whenever the proposed density for a site is greater than that permitted by note (a) of this table, the increased density shall be justified by consideration of such matters as: superior project design; public facility availability; availability of public transportation; proximity to public recreation; proximity to public facilities or community amenities provided by the developer of the site; whether the increased density will assist the city in meeting its regional housing obligations and local housing goals; whether the increased density will adversely affect the neighborhood; or whether the increased density will assist the city in meeting other general plan goals and objectives.

fractional density of less than 0.70 shall be rounded down to the nearest whole number of dwelling units.

3. The area of the site shall consist of those portions of the site exclusive of public rights-ofway for streets, railroad rights-of-way, utility easements for high voltage electrical transmission lines and undevelopable slopes, bluffs and sensitive lands as set forth in subsection (B)(4) of this section.

4. For subdivisions and multiple dwelling unit projects located in or in proximity to sensitive lands such as steep slopes, coastal bluffs and wetlands, the density otherwise established for the site shall be adjusted as follows:

Table 17.20.030-C Density Adjustments for Sensitive Lands

*Minimal development encroachment into 25 percent slopes is allowable pursuant to SBMC 17.48.020 (Hillside Overlay Zone).

5. State-mandated density bonus provisions shall be applicable to all projects, including projects of less than five units as prescribed in SBMC 17.20.050 (Density Bonus).

6. The maximum number of units per lot or site shall be equal to the product of the total area of the lot or site (expressed in acres) multiplied by the applicable density (Units = Lot Size in Acres × Dwelling Unit Density). A fractional density of 0.70 or more may be rounded up to the nearest whole number of dwelling units; provided the project incorporates superior design and site planning as set forth in subsection (B)(1) of this section. A

17-46.1

(Revised 7/25)

This page left intentionally blank.

17-46.2

(Revised 7/25)

Solana Beach Municipal Code

17.20.030

C. Minimum Floor Area. Each dwelling unit shall have a minimum gross floor area of 650 square feet.

D. Minimum Yard Dimensions (also see Lot Line and Yard Definitions).

1. Minimum yard dimensions for the (ER1), (ER-2), (LR), (LMR), (MR), (MHR), and (HR) zones shall be determined by the setback designator indicated on the city of Solana Beach official zoning map, on file with the city clerk and available at the department of community development. All yards shall be measured from the property line and/or road right-of-way as follows:

Table 17.20.030-D Minimum Yards

(Note Footnote Clarifications)

a. Pursuant to a development review permit, front yards for lots in the (MR) zone along the west side of Pacific Avenue may be reduced to 10 feet to compensate for required coastal bluff rear yard setbacks. Second stories shall be set back 15 feet from the street right-of-way. Garages shall be allowed within front yards; provided a five-foot minimum setback is maintained between the garage and the street right-of-way. Incremental variations in the first and second floor setbacks, not to exceed five feet, may be allowed; provided the average setback is maintained and no portion of the building is located within five feet of the right-of-way.

b. Where any lot has a depth of less than 100 feet or fronts on a public right-of-way 55 feet or greater in width, the minimum required front yard shall be reduced to 20 feet.

c. Pursuant to a development review permit, zero lot line units (attached or detached) having only one side yard may be permitted in the (LR), (LMR), and (MR) zones; provided:

1. The single interior side yard is at least twice the width of the required minimum interior side yard;

2. Required minimum interior side yards are provided alongside property lines which abut vacant or conventionally developed lots;

3. All other minimum yard requirements are observed. d. Where any lot has a depth of less than 90 feet the minimum required rear yard shall be 15 feet.

e. All required front and street side yards shall be measured from the edge of the ultimate right-of-way.

f. A side lot line abutting an alley or private road easement shall be interpreted as an interior lot line.

g. On residential lots abutting a public street on one side and an alley on the opposite side, attached garages may be built in the yard adjacent to the alley in accordance with detached accessory structure standards contained in SBMC 17.20.020(C)(3).

2. Front yards on both streets shall be observed on all double frontage lots (through lots) except where access rights to one of the frontages has been relinquished in a manner acceptable to the city engineer, or where the rear lot line abuts an alley or private road easement.

3. In the (MR), (MHR) and (HR) zones, a minimum separation of 15 feet shall be required between all principal structures on the same lot, except when said structures are single-family detached units, in which instance the separation between structures may be no less than 10 feet.

4. Architectural features, such as eaves, awnings, canopies, bay windows and balconies may project into required yards a maximum distance of two feet; provided such appendages are supported only at, or behind, the building setback line.

5. Fireplace chimneys, fire escapes, exterior stairs and landings, and similar architectural features requiring ground contact may project into required yards a maximum distance of two feet; provided such feature shall be three feet from a property line.

E. Coastal and Inland Bluff Setbacks.

1. Coastal and Inland Bluffs.

a. Except as provided in subsection (E)(3) of this section, structures shall be set back a minimum of 40 feet from the top edge of any coastal bluff, or 15 feet from the top edge of any inland bluff (both natural or artificial); provided, however, dwelling structures may be built to within 25 feet of the top edge of a coastal bluff, based upon an engineering geology report prepared by a duly licensed engineering professional showing that: (1) the site is stable enough to support the development with the proposed bluff edge setback; and (2) that the development can be designed so that it will neither be subject to nor contribute to significant bluff instability for 70 years. All engineering geology reports must be prepared by a geologist selected by the applicant from the list of city qualified geologists on file with the planning department. An independent analysis of all geotechnical reports submitted pursuant to this subsection and subsection (E)(1)(b) of this section shall be prepared by a geologic consultant hired by the city, the cost of which shall be paid for by the applicant.

17-47

(Revised 8/07)

17.20.030

b. All development along a coastal bluff shall require an engineering geology report to be submitted in conjunction with the application.

c. All development along any inland bluffs shall require a soils report to be submitted in conjunction with the application. Where unstable conditions are indicated, but in the opinion of the city engineer are not sufficiently defined in the soils report, a preliminary engineering geology report shall also be required. The preliminary engineering geology report shall include the results of subsurface investigations sufficient to identify the nature and magnitude of such unstable conditions, and shall identify alternative mitigation measures that may be needed, including increased setbacks from the inland bluff edge.

2. Canyon Rim Above San Elijo Lagoon. Except as provided in subsection (E)(3) of this section, structures shall be set back 25 feet from the rim of the canyons adjoining San Elijo Lagoon, west of I-5. The city council may further modify these setback requirements through the review procedures established within the scenic area overlay zone, SBMC 17.48.010, as such overlay zone may be applicable.

3. Accessory Encroachments. For the purposes of determining bluff and canyon rim setbacks, swimming pools, spas, fences or walls in excess of 42 inches in height, decks with a floor height of more than 30 inches at the grade elevation, and similar accessory structures shall be considered structures. Encroachments of decks with a floor elevation of 30 inches or less or fences 42 inches or less in height may be permitted, but no closer than 15 feet from the top edge of the coastal bluff or five feet from the top edge of any inland bluff or canyon rim, except as follows. Fences of 42 inches or less in height, and constructed of durable lightweight materials such as chain link, wood, or wrought iron fencing with wood or pipe fence posts, but not concrete block, brick or concrete pillar construction, and built without the use of mechanized equipment may be constructed to within five feet of the top edge of a coastal bluff, or to the edge of an inland bluff or canyon rim; provided such fence does not impact bluff stability.

F. Maximum Floor Area Ratio.

1. The maximum floor area ratio for the (ER-1), (ER-2), (LR), (LMR), and (MR) zones shall be as follows:

• (.60) for the first 5,000 square feet of lot area.

• (.30) for each additional square foot of lot area between 5,000 square feet and 20,000 square feet.

• (.15) for each additional square foot of lot area above 20,000 square feet.

2. The maximum floor area ratio for the (ER-1), (ER-2), (LR), (LMR), (MR) and (MHR) zones may be increased pursuant to SBMC 17.68.030(C).

3. The maximum floor area ratio for the (MHR) and (HR) zones shall be (.75).

4. Courtyards, basements, and required parking within garages (200 square feet per space) shall be excluded from the calculation of floor area ratio.

G. Maximum Building Height.

1. The maximum building height for the (ER-1), (ER-2), (LR), (LMR), (MR), (MHR) and (HR) residential zones shall be 25 feet subject to the daylight plane height limitation described in subsection H of this section.

2. Pursuant to a development review permit the maximum building height for the (MHR) and (HR) residential zones may be increased to 30 feet.

3. Pursuant to a conditional use permit, the city council may allow limited height increases to a maximum of 35 feet for civic uses in the (MHR) and (HR) residential zones when the proposed height increase is a necessary and/or required function of the specific civic use proposal.

4. For those areas where an additional setback is required for the second floor, no portion of the first story, including basements, shall exceed a height of 16 feet above the pre-existing or finished grade, whichever is lower.

H. Daylight Plane Height. Within the (ER-1), (ER-2), (LR), (LMR), (MR), (MHR) and (HR) zones all new structures and structural additions shall be encouraged, but not required, to be designed to use a daylight plane beginning at a vertical height of 16 feet above any two designated setback lines and sloping toward the interior of the lot at a 30 degree angle (from horizontal) until the 25-foot height limit is reached. Applicable setback lines shall include any of the following combinations:

17-48

(Revised 8/07)

Solana Beach Municipal Code

17.20.040

==> picture [223 x 119] intentionally omitted <==

----- Start of picture text -----
Recommended Daylight Plane Combinations (in plan view)
S S S
R R
F R
F F
S S S
S S
F R = 30 F R
angle
daylight
S plane S
----- End of picture text -----

Architectural features, such as dormers or gables, may extend outside the building envelope into the daylight plane; provided, that the feature or combination of features measures no more than 15 feet in length at the point of intersection with the daylight plane. The 15-foot intrusion shall be allowed separately to the front, rear, and each side yard daylight planes. The daylight plane concept may be modified if necessary to minimize disturbance of sensitive lands, to avoid excessive grading and/or on unusually shaped lots without standard buildable areas.

I. Scaled Residential Overlay Zone. Development in the LR, LMR, and MR zones, within the scaled residential overlay zone (SROZ), shall also be subject to the SROZ superseding development regulations (SBMC 17.48.040). (Ord. 534 § 11, 2024; Ord. 357 § 4, 2007; Ord. 299 § 1, 2003; Ord. 220 § 1, 1996; Ord. 215 §§ 1, 2, 1996; Ord. 194 § 1, 1994; Ord. 191 § 1, 1994; Ord. 185 § 2, 1993)

A. Home Occupations. Home occupations are permitted as accessory uses incidental to a residential use in all residential zones. All home occupations, except retail nurseries, shall conform to the following standards:

1. All products produced for sale must be hand manufactured or grown on the premises using only hand tools or small mechanical equipment. Electrical or mechanical equipment that creates visible or audible interference in radio or television receivers or causes fluctuations in line voltage outside the dwelling unit or that creates noise not normally associated with residential uses shall be prohibited.

2. The on-premises sale of products which requires the presence of retail customers is prohibited. The on-premises performance of services which requires the presence of a client is permissi-

ble; provided not more than one client or client group is present on the premises at any one time.

3. There shall be no signs advertising the existence of the home occupation.

4. There shall be no exterior evidence of the conduct of a home occupation.

5. Only the residents of the dwelling unit and one additional full-time employee may engage in the home occupation.

6. The home occupation must not cause the elimination, or reduction in any manner, of required off-street parking.

7. The home occupation shall not cause vehicular or pedestrian traffic to the residence to exceed levels normally associated with the surrounding residential neighborhood.

8. Outdoor storage or display of materials, goods, supplies, or equipment related to the operation of a home occupation is prohibited.

9. The home occupation must be consistent with, and not disruptive to, the normal residential usage of the premises nor cause external effects, such as increased noise, traffic, lighting or odors which are detrimental to neighboring properties or are incompatible with the characteristics of the residential zones.

B. Manufactured Housing and Mobile Homes. One mobile home or manufactured house is permitted on a lot in the (ER-1), (ER-2), (LR), (LMR), (MR), (MHR), and (HR) zones subject to all regulations of this chapter and the following additional requirements:

1. The structure has been certified under the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. Section 5401 et seq.) and has not been altered in violation of applicable codes.

2. The structure is occupied as a single-family detached residential dwelling or detached accessory dwelling unit.

3. The structure is attached to a permanent foundation system in compliance with the provisions of Section 18551 of the state of California Health and Safety Code.

4. The structure is covered with an exterior material customarily used on conventional dwellings. The exterior material shall extend to the ground, except that when a skirt or solid concrete or masonry perimeter foundation is used, the exterior covering material need not extend below the top of the foundation.

17-49

(Revised 7/25)

17.20.040

5. The roof material shall consist of shingles or other material customarily used for conventional dwellings.

6. Prior to installation of a mobile home on a permanent foundation system, the owner or a licensed contractor shall obtain a building permit from the department of community development. To obtain a permit, the owner or contractor shall comply with all requirements of Section 18551(a) of the Health and Safety Code.

C. Repealed by Ord. 470.

D. Accessory Dwelling Units. The purpose of this subsection is to provide regulations for the establishment of accessory dwelling units in residential zones and to define an approval process for such accessory dwelling units. The intent of this subsection is to provide opportunities for more affordable housing in areas where adequate public facilities and services are available, and impacts upon the residential neighborhoods directly affected would be minimized. It is the goal of the council that accessory dwelling units be equitably distributed throughout the city.

1. Junior and accessory dwelling units are residential uses consistent with the uses permitted in zones that allow for residential or mixed-use residential development.

2. All development standards contained in the underlying zoning district or overlay shall apply to accessory dwelling units unless they are inconsistent with the provisions of this subsection D, in which case the standards of this subsection D shall apply.

3. Junior and accessory dwelling units developed pursuant to the requirements of this subsection shall not cause the lot upon which the accessory dwelling unit is located to exceed the allowable density otherwise permitted for the lot. Therefore, the ADU/JADU shall not count as units when calculating density of the lot.

4. Junior and accessory dwelling units shall be permitted in zones which allow residential or mixed-use residential development and shall comply with the following standards:

a. A detached primary single-family dwelling unit shall exist or be proposed on the lot, or existing multifamily dwelling units shall exist on the lot.

b. The accessory dwelling unit may be created within the existing walls of a primary residence or accessory structure (an “interior” acces-

sory unit), may be created by an addition attached to an existing or proposed primary residence (an “attached” accessory dwelling unit), or may be a new structure detached from the primary residence (a “detached” accessory dwelling unit). It must be located on the same lot as the existing or proposed single-family home or multifamily dwelling.

c. Any construction of a junior or accessory dwelling unit shall conform to all property development regulations of the zone in which the property is located including, but not limited to, height limits, setback, lot coverage, landscape, and floor area ratio (FAR), as well as all fire, health, safety and building provisions of this title, subject to the following exceptions:

i. No setback is required for an existing living area converted to a junior or accessory dwelling unit or for an existing accessory structure converted to an accessory dwelling unit, or for a new accessory dwelling unit constructed in the same location and built to the same dimensions as an existing structure.

ii. For all other accessory dwelling units, a minimum setback of four feet is required from the rear and side property lines.

iii. Limits on lot coverage, floor area ratio, open space, and size must permit at least an 800 square feet detached or attached accessory dwelling unit with four-foot side and rear yard setbacks, if the proposed accessory dwelling unit is in compliance with all other development standards.

iv. Architectural features, such as eaves, awnings, canopies, bay windows, and balconies attached to a junior or accessory dwelling unit may project two feet from the exterior side of the structure. These architectural features shall not be allowed to project into the required side or rear yard setback.

v. Attached or detached accessory structures (such as decks, patio covers, carports, and architectural features greater than two feet measured from the exterior side of the unit) associated with a junior or accessory dwelling unit shall comply to the underlying zoning regulations. These structures shall not project into the required side or rear yard setback nor be located on the roof.

d. No more than one junior accessory dwelling unit or one accessory dwelling unit shall be permitted per single-family lot, except as permitted in subsection (D)(5)(b) of this section.

17-50

(Revised 7/25)

Solana Beach Municipal Code

17.20.040

e. For a junior accessory dwelling unit or an accessory dwelling unit, there shall be a separate entrance from the main entrance to the proposed or existing single-family residence.

f. The floor area of an attached or detached accessory dwelling unit shall not exceed 850 square feet for a studio or one bedroom or 1,000 square feet for a unit that contains more than one bedroom. No accessory dwelling unit may be smaller than the size required to allow an efficiency unit as defined in Section 17958.1 of the Health and Safety Code.

g. A new structure or an addition to an existing structure for an accessory dwelling unit shall not exceed the following height limitations measured from pre-existing grade or finished grade, whichever is lower, to the highest point of the roof.

i. A height of 16 feet for a detached accessory dwelling unit on a lot with an existing or proposed single-family or multifamily dwelling unit.

ii. A height of 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed single family or multifamily dwelling unit that is within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code. An additional two feet in height shall be allowed to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit.

iii. A height of 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed multifamily, multistory dwelling.

iv. A height of 25 feet or the height limitation in the local zoning ordinance that applies to the primary dwelling, whichever is lower, for an accessory dwelling unit that is attached to a primary dwelling. This clause shall not allow an accessory dwelling unit to exceed two stories.

h. Junior and accessory dwelling units shall only be used for rentals of terms of 30 consecutive days or more.

i. The following provisions are applicable to junior accessory dwelling units:

i. A junior accessory dwelling unit shall not exceed 500 square feet in size and shall contain at least an efficiency kitchen which includes cooking appliances and a food preparation

counter and storage cabinets that are of reasonable size in relation to the junior accessory dwelling unit.

ii. The junior accessory dwelling unit shall include access to sanitation facilities.

iii. Parking is not required for a junior accessory dwelling unit.

iv. One of the dwellings on the lot must be the bona fide principal residence of at least one legal owner of the lot, as evidenced at the time of approval and upon demand thereafter of the junior accessory dwelling unit by appropriate documents of title and residency.

v. Prior to issuance of a building permit for a junior accessory dwelling unit, the owner shall record a covenant in a form prescribed by the city attorney, which shall run with the land and provide for the following:

(A) A prohibition on the separate ownership, sale, transfer, or other conveyance of the junior accessory dwelling unit separate from the sale of the single-family residence;

(B) A restriction on the size and attributes of the junior accessory dwelling unit consistent with this section;

(C) A prohibition against renting the junior accessory dwelling unit for fewer than 30 consecutive calendar days; and

(D) A requirement that either the primary residence or the junior accessory dwelling unit be the owner’s bona fide principal residence, unless the owner is a governmental agency, land trust, or housing organization.

j. One off-street parking space shall be provided for the accessory dwelling unit, which may be provided as tandem parking on an existing driveway and shall be permitted in setback areas in locations determined by the director of community development or the director’s designee unless the director of community development or the director’s designee makes specific findings that parking in setback areas or tandem parking is not feasible based upon specific site topographical or fire and life safety conditions. No off-street parking shall be required for the accessory dwelling unit in any of the following instances:

i. The accessory dwelling unit is located within one-half mile walking distance of a public transit stop.

17-50.1

(Revised 9/24)

17.20.040

ii. The accessory dwelling unit is located within an architecturally and historically significant historic district.

iii. The accessory dwelling unit is part of the existing primary residence or an existing accessory structure.

iv. The accessory dwelling unit is located in an area of the city where on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.

v. The accessory dwelling unit is located within one block of a car share vehicle pickup location, as established by the city. k. Design.

i. A junior accessory dwelling unit or accessory dwelling unit, whether attached or detached, shall utilize the same architectural style, exterior materials, and colors as the existing or proposed primary dwelling, and the quality of the materials shall be the same or exceed that of the primary dwelling.

ii. The primary entrance to the junior accessory dwelling unit or accessory dwelling unit shall not be visible from the street adjacent to the front yard setback.

iii. A minimum building separation of six feet shall be maintained (eave to eave) between the primary residence and a detached accessory dwelling unit. A minimum building separation of 10 feet shall be maintained (eave to eave) from the entrance of an accessory dwelling unit if it is facing the wall of another structure on the property.

iv. Accessory dwelling unit parking in setback areas visible from the street shall be screened by vegetation that has a maximum maturity height of 42 inches.

l. Except as provided in subsection (D)(4)(m) of this section, accessory dwelling units shall provide a new or separate utility connection directly between the accessory dwelling unit and the utility. The connection may be subject to a connection fee or capacity charge that shall be proportionate to the burden of the proposed accessory dwelling unit, based upon either its size in square feet or the number of its plumbing fixtures, upon the water or sewer system; provided, however, that this fee or charge shall not exceed the reasonable cost of providing this service. A sub-meter may be allowed to meet this requirement.

m. The installation of a new or separate utility connection directly between the accessory dwelling unit and the utility shall not be required, and a related connection fee or capacity charge shall not be imposed for the following:

i. Junior accessory dwelling unit. ii. Accessory dwelling unit meeting the requirements of subsection (D)(5)(a) of this section.

n. Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence.

o. No impact fees may be imposed on a junior or accessory dwelling unit that is less than 750 square feet in size. For purposes of this section, “impact fees” include the fees specified in Sections 66000 and 66477 of the Government Code, but do not include utility connection fees or capacity charges. For accessory dwelling units that have a floor area of 750 square feet or more, impact fees shall be charged proportionately in relation to the square footage of the primary dwelling unit.

5. The following types of accessory dwelling units are required to be permitted. Other accessory dwelling units, including attached and detached accessory dwelling units, are also permitted if they conform to the requirements of subsection (D)(4) of this section:

a. One junior accessory dwelling unit or accessory dwelling unit within the existing space of a single-family dwelling or accessory structure or the proposed space of a single-family structure, if all the following apply:

i. In an accessory structure an expansion beyond the existing physical structure is limited to 150 square feet and is permitted solely to accommodate ingress and egress.

ii. The unit has exterior access separate from the existing or proposed single-family dwelling.

iii. The side and rear setbacks are sufficient for fire and safety.

iv. Any junior accessory dwelling unit complies with subsection (D)(4)(i) of this section.

b. One new detached accessory dwelling unit not larger than 800 square feet or more than the height limitations allowed under subsection (D)(4)(g) of this section, with side and rear yard setbacks of at least four feet on a lot with an existing or proposed single-family dwelling. A junior

17-50.2

(Revised 9/24)

Solana Beach Municipal Code

17.20.040

accessory dwelling unit complying with subsection (D)(4)(i) of this section may be developed on the same lot.

c. Accessory dwelling units within the portions of an existing multifamily dwelling structure that are not used as livable space, provided that each unit complies with state building standards for dwellings. An accessory dwelling unit shall not be created within any portion of the habitable area of an existing dwelling unit in a multifamily structure. Up to 25 percent of the number of existing multifamily units in the building, but at least one unit, shall be allowed.

d. Multiple detached accessory dwelling

units:

i. Multiple accessory dwelling units located on a lot that has an existing or proposed multifamily dwelling, but are detached from that multifamily dwelling are subject to height limitations outlined in subsection (D)(4)(g) of this section and rear yard and side setbacks as outlined in subsection (D)(4)(c) of this section.

ii. On a lot with an existing multifamily dwelling, not more than eight detached accessory dwelling units are allowed. However, the number of accessory dwelling units allowable pursuant to the subsection shall not exceed the number of existing units on the lot.

iii. On a lot with a proposed multifamily dwelling, not more than two detached accessory dwelling units are allowed.

6. Applications for junior and accessory dwelling units conforming to the requirements of subsection (D)(4) or (5) of this section shall be considered ministerially without discretionary review or a hearing, and the director of community development shall approve or deny such applications within 60 days after receiving a complete application. Incomplete applications will be returned with an explanation of what additional information is required. The city shall grant a delay in processing if requested by the applicant. If the permit application is submitted with a permit application to create a new single-family dwelling on the lot, the application for the junior or accessory dwelling unit shall not be acted upon until the application for the new single-family dwelling is approved, but thereafter shall be ministerially processed within 60 days of receipt of a complete application and approved if it meets the requirements of this section. Occupancy of the junior or accessory dwell-

ing unit shall not be allowed until the city approves occupancy of the primary dwelling.

7. In cases of conflict between this section and any other provision of this title, the provisions of this section shall prevail. To the extent that any provision of this section is in conflict with state law, the applicable provision of state law shall control, but all other provisions of this section shall remain in full force and effect.

8. The city may offer incentives to encourage development of accessory dwelling units. If owners of accessory units elect to record a 25-year deed restriction, consistent with state law, to rent the unit to lower income households, the city will consider waiving fees, reducing parking and development standards, or approving other forms of assistance specified in Chapter 4.3 (commencing with Section 65915) of Division 1 of Title 7 of the Government Code. Receipt of such incentives shall require the owner to:

a. Rent the accessory dwelling unit to a low income household, as defined annually by the State Department of Housing and Community Development at a rate that shall not exceed an amount which is equal to 30 percent of the gross monthly income of a low-income household, at 80 percent of the San Diego County median income, adjusted for household size.

b. File an annual agreement with the city’s community development department documenting the household’s eligibility to occupy the accessory unit.

c. Record a covenant specifying the property restrictions on the accessory dwelling unit for the 25-year term.

d. Assign the covenant using a form of assignment and assumption approved by the director of community development in the director’s reasonable direction in the event that the property is transferred or sold.

E. Senior Citizen/Congregate Care Housing. Senior citizen/congregate care housing developments are subject to a conditional use permit issued by the city council in accordance with SBMC 17.68.010 and shall be constructed in the following manner:

1. A bus turnout and shelter on the on-site arterial frontage shall be dedicated if the project is located on a bus route as determined by the director.

17-50.3

(Revised 2/26)

17.20.040

2. Dial-a-ride transportation shuttles shall be provided; number to be determined during project review.

3. The parcel upon which the senior group housing facility is to be established shall conform to all standards of the underlying zone.

4. The senior group housing shall conform with all local, state, and federal requirements.

5. The number of dwelling units shall be based on Table 17.20.030-B (Maximum Dwelling Unit Density). A 25 percent density bonus shall be allowed for senior citizen/congregate care group housing projects which meet the minimum parcel size requirements for the underlying zone and all other requirements of this section. The density bonus shall be based on the allowable residential density for the zone as determined by Table 17.20.030-B.

6. The minimum floor area for each residential unit shall be as follows:

Studio: 410 square feet.

One-bedroom: 510 square feet if kitchen-dining-living areas are combined. 570 square feet if kitchen-dining-living areas are separate. Two-bedroom: 610 square feet if kitchen-dining-living areas are combined. 670 square feet if kitchen-dining-living areas are separate.

7. The main pedestrian entrance to the development, common areas, and the parking facility shall be provided with handicapped access pursuant to The City of Solana Beach Off-Street Parking Design Manual.

8. Indoor common areas and living units shall be handicap adaptable and be provided with all necessary safety equipment (e.g., safety bars,

17-50.4

(Revised 2/26)

==> picture [225 x 290] intentionally omitted <==

Solana Beach Municipal Code

17.20.040

==> picture [305 x 130] intentionally omitted <==

----- Start of picture text -----
FIGURE 1
R R R
S S
S S S S S Street
Alley or Private Road Easement F F F
----- End of picture text -----

Street or Private Road Easement

==> picture [82 x 7] intentionally omitted <==

----- Start of picture text -----
Open or Solid Fence to 6 feet*
----- End of picture text -----

==> picture [419 x 36] intentionally omitted <==

----- Start of picture text -----
Open or Solid Fence to 42 inches**
FENCE ENCROACHMENT DIAGRAM
*An additional 2 feet of fence height is permitted if the addition is 50% open to light and air. Open or Solid Fence to 16 feet
The additional 2 feet may be solid if the property abuts a nonresidential zone.
----- End of picture text -----

• **Exceptions allowed for 1) architectural features around entryways 2) fence posts (at least 5' apart) and 3) required fencing around swimming pools or spas.

==> picture [425 x 96] intentionally omitted <==

----- Start of picture text -----
FIGURE 2
Dashed area may be occupied by architectural
feature provided at least 50% of this area
is open to light and air 12'
Additional fence height must be at
least 80% open to light
24" open
8' max.
42" max. solid
----- End of picture text -----

ARCHITECTURAL FEATURE AROUND WALKWAY

FIGURE 3FIGURE 3

==> picture [155 x 91] intentionally omitted <==

----- Start of picture text -----
Dashed area may be occupied by architectural feature
Dashed area may be occup ed by architprovided at least 50% of th i s area is op e n to light and airctural feature
provided at least 50% of this area is open to light and air
10' max.10' max.
----- End of picture text -----

==> picture [215 x 95] intentionally omitted <==

----- Start of picture text -----
30'30'
42" max. solid42" max. solid
----- End of picture text -----

ARCHITECTURAL FEATURE AROUND DRIVEWAYARCHITECTURAL FEATURE AROUND DRIVEWAY

17-55

(Revised 2/26)

17.20.040

P. Bluff Top Development. All structures on coastal and natural bluff top lots shall comply with the following:

1. Buildings and other structures shall be sited, designed and constructed so as to not obstruct views to and along the ocean and other scenic coastal areas from public vantage points.

2. The design and exterior appearance of buildings and other structures visible from public vantage points shall be protective of the natural scenic qualities of the bluffs.

3. Landscaping materials shall be installed and maintained so as to assure that neither during growing stages nor upon maturity will such materials obstruct views to and along the ocean and other scenic coastal areas from public vantage points.

4. Native and other drought-tolerant plant species shall be utilized in order to minimize irrigation requirements and to reduce potential slide hazards due to overwatering of the bluffs.

5. All drainage from the site shall be directed away from any bluff edge.

Q. Garage Sales. Garage sales shall be permitted in all residential zones subject to the following:

1. Garage sales shall not be conducted for more than two consecutive days, nor for more than six days within any calendar year.

2. No item, or any portion thereof, shall be displayed within the public right-of-way (includes street, parkway and sidewalk).

3. Signs advertising the garage sale shall be subject to the regulations of Chapter 17.64 SBMC (Comprehensive Sign Ordinance). No signs or attention-getting devices shall be permitted in the public right-of-way.

R. Two-Unit Residential Developments in Single-Family Zones.

1. Purpose and Findings.

a. The purpose of this subsection is to provide regulations for the establishment of twounit residential developments in single-family residential zones and to define an approval process for such two-unit residential developments consistent with Government Code Section 65852.21, or any successor statute. The intent of this subsection is to provide opportunities for more housing in existing single-family residential zones as mandated by state law. It is also the goal to provide development standards to ensure the orderly development of these units in appropriate areas of the city.

b. Two-unit residential developments are residential uses consistent with the uses permitted in zones that allow for single-family residential development.

c. Government Code Section 65852.21 preempts the density limitations established by the general plan and the underlying zones in which two-unit residential developments created pursuant to the requirements of this subsection are permitted. Incompatibility with the city’s density limitations shall not provide a basis to deny a two-unit residential development that otherwise conforms to the requirements of this subsection.

2. A two-unit residential development containing no more than two residential units within a single-family residential zone shall be considered ministerially, without discretionary review or a hearing, if the proposed housing meets all of the standards set forth below. For purposes of this subsection, a two-unit residential development contains two residential units if the development proposes two new units or if it proposes to add one new unit to one existing unit.

a. If a parcel includes an existing singlefamily home, one additional unit may be developed pursuant to this subsection. No more than 25 percent of the existing exterior structural walls shall be demolished to create the two-unit residential development, unless the existing single-family home has not been occupied by a tenant in the last three years.

b. If a parcel does not include an existing single-family home, or if an existing single-family home is proposed to be demolished in connection with the creation of a two-unit residential development, two units may be developed pursuant to this subsection.

c. Each unit in a two-unit residential development shall be separated by a distance of at least 10 feet from any other structure on the parcel; however, units may be adjacent or connected if the structures meet building code safety standards and are sufficient to allow separate conveyance.

d. Unit Count. The following limitations apply to the number of units that may be created on a single parcel:

i. If a parcel was created subject to the urban lot split subdivision provisions of Chapter 16.48 SBMC, no more than two units – including primary dwelling units, accessory dwelling

17-56

(Revised 2/26)

Solana Beach Municipal Code

17.20.040

existing structure. Verification of size and location of the existing and proposed structure by city staff requires the applicant to provide pre- and post-construction surveys by a California licensed land surveyor to the city’s satisfaction.

b. For all other dwelling units proposed in connection with a two-unit residential development, a minimum setback of four feet, or the applicable setback for the zone district, whichever is less, is required from the rear and side property lines.

c. Limits on lot coverage, floor area ratio, open space, and size must permit two units of 800 square feet each in connection with a two-unit residential development.

d. New dwelling units proposed in connection with a two-unit residential development shall not exceed 16 feet in height measured from preexisting grade or finished grade, whichever is lower, to the highest point of the roof.

e. For a two-unit residential development connected to an on-site wastewater treatment system, the applicant shall provide a percolation test completed within the last five years, or, if the percolation test has been recertified, within the last 10 years.

f. All dwelling units created in connection with a two-unit residential development shall have independent exterior access.

g. For applications that do not involve an urban lot split subdivision pursuant to Chapter 16.48 SBMC, one of the dwellings on the lot must be the bona fide principal residence of at least one legal owner of the lot containing the dwelling, as evidenced at the time of approval of the two-unit residential development by appropriate documents of title and residency. Prior to the issuance of a building permit, the applicant shall provide evidence that a covenant has been recorded stating that one of the dwelling units on the lot shall remain owner occupied. h. Two-unit residential developments shall only be used for rentals of terms of longer than 30 days.

i. To ensure compliance with the provisions of the California Coastal Act of 1976, the following parking requirements apply:

(A) One off-street parking space shall be required for each residential unit.

(B) If a two-unit residential development replaces an existing garage or other

required parking, replacement spaces shall be provided in accordance with the requirements of the underlying zone.

j. Design. When a two-unit residential development dwelling unit is proposed on a parcel with an existing single-family dwelling unit, the new unit shall utilize the same exterior materials and colors as the existing dwelling unit.

k. Two-unit residential developments shall provide a new separate gas, electric, and water utility connection directly between each dwelling unit and the utility. The connection may be subject to a connection fee or capacity charge.

l. Two-unit residential developments shall be required to provide fire sprinklers.

m. Two-unit residential developments shall be required to provide a solar photovoltaic (PV) system as an electricity source.

n. In no event shall grading pursuant to an application submitted under this chapter exceed 100 cubic yards.

5. Applications for two-unit residential developments located in the coastal zone must be submitted together with a copy of a valid coastal development permit issued by the California Coastal Commission.

6. Applications for two-unit residential developments conforming to the requirements of this section shall be considered ministerially without discretionary review or a hearing by the director of community development. Incomplete applications will be returned with an explanation of what additional information is required.

7. A proposed two-unit residential development may be denied if the director of community development makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5 of the Government Code, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

8. Prior to the issuance of a building permit for a two-unit residential development dwelling unit, the property owner shall record a covenant with the county recorder’s office, the form and content of which is satisfactory to the city attorney. The covenant shall notify future owners of the owner occupancy requirements, the approved size

17-57

(Revised 2/26)

17.20.050

and attributes of the units, and minimum rental period restrictions. The covenant shall also reflect the number of units approved and provide that no more than four total units may be created on any single parcel or on any two parcels created using urban lot split subdivision procedures. If an urban lot split subdivision was approved, the covenant shall provide that no variances shall be permitted other than those code deviations expressly allowed by this chapter. This covenant shall remain in effect so long as a two-unit residential development exists on the parcel.

9. In cases of conflict between this section and any other provision of this title, the provisions of this section shall prevail. To the extent that any provision of this section is in conflict with state law, the applicable provision of state law shall control, but all other provisions of this section shall remain in full force and effect. (Ord. 533 §§ 4, 5, 2026; Ord. 534 § 4, 2024; Ord. 525 § 3, 2023; Ord. 521 § 2, 2021; Ord. 508 § 2, 2020; Ord. 470 §§ 2, 3, 2016; Ord. 307 § 1, 2003; Ord. 260 § 2, 2000; Ord. 191 § 1, 1994; Ord. 185 § 2, 1993)

A. Purpose and Intent. The purpose of this section is to implement the State Density Bonus Law (California Government Code Section 65915 et seq., as may be amended from time to time) and specify the regulatory framework for providing density bonuses and incentives, waivers, and reductions in development standards for qualifying residential housing developments that propose affordable housing as those costs are provided for in California Health and Safety Code Section 50052.5. The intent is to encourage and facilitate the development of affordable housing consistent with the State Density Bonus Law and to implement the goals, objectives, and policies of the city’s general plan, including the current housing element.

B. Definitions. The definitions found in the State Density Bonus Law shall apply to the terms contained in this chapter.

C. Qualifying Developments. State Government Code Section 65915 provides a list of housing development types that are eligible for a density bonus and other regulatory incentives when the applicant seeks and agrees to provide dwelling units for very-low, low- or moderateincome households, transitional foster youth, dis-

abled veterans, homeless persons, lower income students, senior housing and residential care facilities for the elderly in threshold amounts specified by State Density Bonus Law.

D. Application Procedure. 1. An application requesting a density bonus, concession or incentive, waiver or reduction of development standards, adjusted parking ratios, or any combination thereof, shall be filed with the city in writing, on a form approved by the planning and community development director (director).

2. The application shall be submitted to the city concurrently with the filing of any other entitlements required for the proposed housing development and the required application fee(s) established by city council resolution to recover the city’s administrative costs of processing the application.

3. The application shall contain information sufficient to allow the city to fully evaluate the request under the requirements of this chapter and State Density Bonus Law, including, without limitation, the following minimum information:

a. Requested Density Bonus.

i. Summary table showing the maximum number of dwelling units permitted by the zoning and Del Mar Community Plan (excluding any density bonus units), number of proposed affordable units by income level, proposed bonus percentage, number of density bonus units proposed, total number of dwelling units proposed on the site, and resulting density in units per acre.

ii. A tentative map or preliminary site plan (drawn to scale) showing the number and location of all proposed units and designating the location of proposed affordable units and density bonus units.

iii. The zoning and general plan designations and assessor’s parcel number(s) of the housing development site.

iv. A description of all dwelling units existing on the site in the five-year period preceding the date of submittal of the application and identification of any units rented in the five-year period and whether they were rented as affordable units.

(A) If dwelling units on the site are currently rented, identify the income and household size of all residents of currently occupied units, if known.

17-58

(Revised 2/26)

Solana Beach Municipal Code

17.20.050

(B) If any dwelling units on the site were rented in the five-year period but are not currently rented, identify the income and household size of residents occupying the dwelling units when the site contained the maximum number of dwelling units, if known.

v. Description of any recorded covenant, ordinance, or law applicable to the site that restricted rents to levels affordable to very low-income or low-income households in the five-year period preceding the date of submittal of the application.

vi. Any other information the director reasonably determines necessary to process and evaluate the application consistent with State Density Bonus Law. b. Requested Concessions or Incentives. If concessions or incentives are requested pursuant to State Density Bonus Law, the application shall include the following minimum information for each concession or incentive requested, shown on a site plan (if appropriate):

i. The applicable development standards of the base zone and overlay zones (base development standards) and the requested concession or regulatory incentive for each development standard where requested.

ii. Except where mixed-use zoning is proposed as a concession or incentive, reasonable documentation to show why any requested concession or incentive will reduce affordable housing costs or rents.

iii. If approval of mixed-use zoning is proposed, reasonable documentation that nonresidential land uses will reduce the costs of the housing development, that the nonresidential land uses are compatible with the housing development and the existing or planned development in the area where the proposed housing development will be located, and that mixed-use zoning will provide for affordable housing costs and rents.

iv. If relief from a requirement for mixed-use zoning is proposed, reasonable documentation that residential use without a commercial component is compatible with the existing and planned development in the area where the proposed housing development will be located, and that not including a proposed commercial development will provide for affordable housing costs and rents.

c. Requested Waivers or Reductions of Development Standards. If waivers or reductions of development standards are requested pursuant to State Density Bonus Law, the application shall include the following minimum information for each waiver requested, shown on a site plan (if appropriate):

i. The applicable development standards of the base zone and overlay zones (base development standards) and the requested waiver or reduction of standards for each base development standard where requested.

ii. Reasonable documentation that the development standards for which a waiver or reduction of a development standard is requested will have the effect of physically precluding the construction of a development at the densities or with the concessions or incentives permitted by California Government Code Section 65915.

d. Requested Adjusted Parking Ratios. If adjusted parking ratios are requested pursuant to State Density Bonus Law, the application shall include a table showing parking proposed under State Density Bonus Law in compliance with Government Code Section 65915(p), and reasonable documentation that the project is eligible for the requested parking reduction.

E. Density Bonus Calculation. Density bonus calculations shall be in conformance with Government Code Section 65915.

1. In determining the total number of units to be granted, each component of any density calculation, including base density and bonus density, resulting in fractional units shall be separately rounded up to the next whole number.

2. When calculating the number of affordable units needed for a given density bonus, any fractions of affordable dwelling units shall be rounded up to the next whole number.

3. Each housing development is entitled to only one density bonus for the life of that development. If a housing development qualifies for a density bonus under more than one category, the applicant shall identify the single category under which the density bonus is requested to be granted or whether the applicant proposes an additional bonus pursuant to the provisions of subdivision (v) of Government Code Section 65915 or any successor provision thereto.

4. The density bonus units shall not be included when determining the number of afford-

17-58a

(Revised 7/25)

17.20.060

able units required to qualify a housing development for a density bonus pursuant to State Density Bonus Law.

5. The applicant may elect to accept a lesser percentage of density bonus than the housing development is entitled, or no density bonus, but no reduction will be permitted in the percentages of required affordable units contained in Government Code Section 65915, subdivisions (b), (c), and (f). Regardless of the number of affordable units, no housing development shall be entitled to a density bonus higher than what is authorized under State Density Bonus Law.

F. Waivers, Incentives and Concessions.

1. Incentives and concessions are those defined by State Density Bonus Law. The number of incentives and concessions that may be requested shall be based upon the number the applicant is entitled to pursuant to State Density Bonus Law.

2. The city shall approve proposed incentives and concessions unless it makes a written finding that any of the following apply:

a. The concession or incentive does not result in identifiable and actual cost reductions to provide for affordable housing costs or for rents for the targeted units to be set as specified in the State Density Bonus Law.

b. The concession or incentive would have a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5 of the Government Code, upon public health and safety or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact without rendering the development unaffordable to low-income and moderate-income households.

c. The concession or incentive would be contrary to state or federal law.

3. Waivers are those defined by State Density Bonus Law. The proposal of a waiver or reduction in development standards shall not affect the number of incentives or concessions a project is eligible to receive under the State Density Bonus Law.

4. The city shall approve proposed waivers unless it makes a written finding that any of the following apply:

have the effect of physically precluding the construction of a development meeting the criteria of State Density Bonus Law at the densities or with the concessions or incentives permitted under this section.

b. The waiver or reduction of development standards would have a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5 of the Government Code, upon health or safety, and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

c. The waiver or reduction of development standards would have an adverse impact on any real property that is listed in the California Register of Historical Resources.

d. The waiver or reduction of development standards would be contrary to state or federal law. (Ord. 536 § 5, 2024; Ord. 392 § 1, 2009; Ord. 285 § 1, 2002; Ord. 261 § 1, 2000; Ord. 185 § 2, 1993)

All buildings, structures, yards and other improvements shall be maintained in a manner which does not detract from the appearance of the immediate neighborhood. The following conditions are prohibited:

A. Dilapidated, deteriorating, or unrepaired structures, such as fences, roofs, doors, walls, and windows.

B. Accumulation of scrap lumber, junk, trash or debris.

C. Outdoor storage of junk cars or inoperative vehicles.

Additional regulations for property maintenance are set forth in Chapter 6.06 SBMC (Neighborhood Preservation). (Ord. 185 § 2, 1993)

Parking and loading requirements shall be as prescribed in Chapter 17.52 SBMC. (Ord. 185 § 2, 1993)

Landscaping requirements shall be as prescribed in Chapter 17.56 SBMC. (Ord. 185 § 2, 1993)

a. The application of development standards proposed to be waived or reduced would not

17-58b

(Revised 7/25)

Solana Beach Municipal Code

17.24.020