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Government » Departments » Development Services » Policy Planning
Accessory Dwelling Units
OVERVIEW
An accessory dwelling unit (ADU) is an attached or detached residential dwelling unit, on the same lot as an existing single-family or multi-family dwelling unit which is zoned for single-family, multifamily or mixed use that provides complete independent living facilities for one or more persons. This includes permanent provisions for living, sleeping, eating, cooking, and sanitation, all on the same parcel as the primary, single-family dwelling and multi-family dwellings. An ADU can be an efficiency unit, as defined in Section 17958.1 of Health and Safety Code, or a manufactured home, as defined in Section 18007 of the Health and Safety Code.
A junior accessory dwelling unit (JADU) is a residential dwelling unit that is no more than 500 square feet in area, contained entirely within an existing area or proposed area within a single-family residence, contains only an efficiency kitchen, and can have separate sanitation facilities or shared sanitation facilities with, the existing single-family residence. A junior accessory dwelling unit is not permitted within multi-family dwelling units.
BENEFITS OF ADUs
ADUs and JADUs provide housing opportunities within existing neighborhoods creating housing that is already connected to the local character and infrastructure. The additional units help diversify the market for renters while providing supplemental income for homeowners, and thus increasing affordability throughout Encinitas.
The following steps and documents have been created to assist in the preparation of a building permit submittal for an ADU. If the site is located within the Coastal Zone, a Coastal Development Permit is required. The fees for the plan review and inspections are waived, except for required State fees, postage fees (if coastal development permit is required) and for the recordation of a covenant with associated San Diego County Recorder fees.
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Step 1: Consult with City Staff
Staff can be consulted in person, by email or by phone. Prior to developing plans or as you develop conceptual plans, we recommend you review the ADU FAQ and consult with staff from all departments below, and the water district for the property, which is either the San Dieguito Water District or the Olivenhain Municipal Water District, as applicable.
Land Development & Building (Planning Staff) - Email: planning@encinitasca.gov; Phone: 760-633-2710; Virtual Appointments
Common Land Development & Building Topics:
- Covenant and the Indemnification Agreement
- Special Study Overlay Zone and steep slopes on a property (EMC 30.34.030)
- Coastal Bluff
- Average lot slope and height limitations
- Requirements for a Coastal Development Permit (if applicable, in the Coastal
Zone)
Land Development Engineering - Email: developmenteng@encinitasca.gov; Phone: 760-633-2609
Common Land Development Engineering Topics:
- Grading permits
- Drainage and requirements for stormwater
Building - Email: building@encinitasca.gov; Phone: 760-633-2730
Common Building Topics:
- Building Code (Including fire separation and setbacks)
- Requirements for accessibility (applicable for 3 or more units)
- Solar requirements
Fire Prevention - Email: fireprevention@encinitasca.gov; Phone: 760-633-2820
Common Fire Prevention Topics:
- Fire Code
- Fire sprinklers
- High Fire Severity Zone
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Step 2: Obtain Permit Materials for Submittal
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Project plans (site plan, floor plans, elevations, roof plans, structural, electrical, plumbing, etc.)
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Grading plan (If applicable, consult with Engineering)
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Current Grant Deed with a legal description for the property
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Preliminary Title Report (6 mos. or less old)
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Geotechnical report (If addition or new construction is 500 sq. ft. or greater in size)
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Other form and materials
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Step 3: Submit the Permit Application
All permit applications are submitted through the Customer Self-Service Portal (CSS). Ensure that files are following the building permit naming conventions and standards. The building technicians will review to ensure a complete submittal, then route the project for review to applicable departments.
Upon receiving the application, the building technicians will send the water form, sewer for, and school fees form in an email to the applicant of record. The applicant will need to take the forms to the water, sewer, and school agencies, obtain signatures, pay any required fees, and upload final forms through the CSS Portal prior to the issuance of the building permit.
Note: If the scope of work includes other work such as a remodel or addition to the primary residence with the ADU, then that combined work can be submitted and processed with one set of plans. Please submit under the primary scope (e.g., Residential Addition) with the ADU in the project description, and the building technicians will create an additional permit record for the ADU. If you have questions for which permit type to select, contact building@encinitasca.gov.
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Step 4: Review
The Building Division will route the project to Building, Land Development & Building, Fire Prevention, and Land Development Engineering. The review time is approximately 15 working days. Each individual division will review and provide comments on the CSS portal and/or redline the plans or documents that were submitted. Redlined plans will be available once all division reviewers have completed their review.
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Step 5: Coastal Development Permit Process
In the Coastal Zone, coastal development permits (CDP) are required for accessory dwelling units and junior accessory dwelling units that are not completely contained in the existing primary structure, include increases in habitable area, include conversion of non-habitable space, or are considered detached residential units. For projects not in the Coastal Zone, skip to Step 6.
First, the ADU and/or JADU application is submitted through the online CSS portal for a building permit. The Land Development & Building reviewer will create a CDP record when they receive the building permit review. The Land Development & Building reviewer will request the applicant to upload to the CSS CDP record a set of plans that only include title sheet, site plan, floor plans, elevations, and roof plan, as well as the Grant Deed and Preliminary Title Report for the property.The reviewer will email a sign to the applicant that must be printed on brightly colored 11-inch X 17-inch paper and posted in public view, along with a certificate of posting form. The certificate of posting form must be completed, signed, and uploaded with a pdf photo of the posted sign to the CDP record in the CSS portal. Once the project is ready to be legally noticed, then a postage fee will be collected from the applicant and staff will issue the legal notice for the project.
Staff will respond to any public comments received and prepare a Notice of Decision for review and signature. Once the decision is signed, the Land Development & Building reviewer sends an indemnification agreement for signature and notarization by the applicant. An original wet-signed hard copy of the indemnification agreement must be returned to that same Land Development & Building reviewer.
A Notice of Final Action (NOFA) is sent to the California Coastal Commission. If the property is located within the appeal jurisdiction of the Coastal Commission, the Coastal Commission will establish a 10-business day appeal period once they receive the NOFA.
The building permit cannot be issued until the CDP has been issued and all other conditions or corrections have been addressed to the specification of each division.
- Step 6: Additional Submittal
Once all comments are addressed, revised plans or other required documents or information are resubmitted by the applicant through the CSS Portal. Prior to resubmitting, questions on the corrections should be directed to individual reviewer for the appropriate division. This may reduce the number of reviews and timeline to obtain a permit.
Note: During the review process, the Land Development & Building reviewer will email an ADU covenant to the applicant. This must be signed and notarized by the owner and the original wet-signed document must be returned to the Land Development & Building reviewer. Once the document is recorded, staff will invoice the required fees from the San Diego County Recorder, which must be paid online through the CSS portal.
- Step 7: Permit Issuance
After all divisions have approved their reviews and all final forms (contractor information or owner/builder form, sewer form, water form, hazmat (septic projects), school fee form, waste management plan, SDG&E workorder, etc.) are received and complete, the building technician will issue the building permit.
Note: To ensure efficient processing of the permit, we recommend working early with outside agencies regarding their forms, requirements, and/or fees.
- Step 8: Construction/Inspection/Occupancy
After a permit has been issued, required inspections can be scheduled by the contractor through the CSS Portal. Inspections scheduled by 3 p.m. on a business day will be completed the following business day. The inspection schedule is posted online each day at Today's Inspections and shows the order of inspections and which inspections have been completed in real time.
Note: If a height certification is required, the Land Development & Building (Planning) reviewer will notify the applicant during the permit review process. Additionally, an automated email will be sent to all contacts on the record once a condition is added to the record and after the permit is issued notifying all that a height certification is required. The reviewer will mark the elevation drawings with red dots to indicate the required locations that must be surveyed and will upload the marked drawings to the building permit record. The height certification form, site plan, and elevations with the documented surveyed grades and roof elevation(s) must be submitted to planning@encinitasca.gov for review and must be approved prior to scheduling the roof nailing inspection.
Note: Inspections must be scheduled on individual permits for bundled projects. If you have questions on scheduling the inspections, please contact building@encinitasca.gov.
The Permit-Ready Accessory Dwelling Unit (PRADU) Program encourages the construction of ADUs by offering property owners a selection of pre-approved ADU building plans that can be downloaded from this page. The permit-ready plans include customizable options to allow for variations in exterior materials and door and window fenestrations to express individual owners’ tastes and respect community character. The program assists property owners in creating ADUs by providing customizable plans, expediting the process, and reducing preconstruction fees. The program also helps the City meet strategic plan goals by providing diverse housing options throughout the City.
City PRADU Program History
After releasing a request for proposal, the City selected two local architects to collaborate with to establish criteria and create a collection of plans for the PRADU Program starting in 2019. The architects were tasked with preparing a series of units: a studio, a one-bedroom, a two-bedroom, and a three-bedroom. Each architect’s set of plans provide unique variations and benefits. The options from Design Path Studio are designed in a way that makes it easy for the owners to add bedrooms in the future. The options from DZN Partners offer an expansive list of exterior options and roof lines. These plans have been updated regularly to current building code requirements.
Beginning January 1, 2025, the City adopted a program for the preapproval of ADU master plans for outside private parties pursuant to Assembly Bill 1332. This allows private parties to create preapproved ADU plans through a review and approval process by the City, which can then be submitted for review on a specific site. Individuals that prepare and submit plans are responsible for updating the plans as new changes to state and local laws are adopted.
Are you looking for a faster, lower-cost way to build an accessory dwelling unit (ADU)?
Standardized construction plans that are preapproved by the City enable the fastest, lowest-cost permit process. This webpage provides links to ADU plans prepared for the City and by private parties that have been reviewed and preapproved by the City. A site-specific plan that shows the location of the preapproved ADU must be prepared and submitted, which the ADU builder/contractor should be able to prepare. The project could require a grading permit as well, which should be discussed prior to submitting a project with Engineering staff at developmenteng@encinitasca.gov or 760-633-2706.
To use preapproved plans, the lot must be residentially zoned and have an existing single-family home, duplex, multi-family or mixed-use development. The project must comply with all Fire Department requirements.
Note: Modifications to the City approved plans are not permitted. Any modification to the plans requires the applicant to reach out to the plan preparer and obtain updated plans and other required materials. The modified plan must be reviewed through a standard plan check process.
Note: For a site located within the Special Study Overlay Zone, a site-specific slope analysis may be required to determine if it is located within the Hillside/Inland Bluff Overlay (HIBO) Zone. If located within the HIBO Zone, the project must comply with Municipal Code requirements and limitations on encroachments into natural steep slopes of 25 percent or greater in gradient.
Apply for PRADU Approval
The PRADU Submittal Guide has been created to assist in the preparation of a building permit submittal for a PRADU. The PRADU Processing Guide provides step-by-step instructions for the submittal and review of the building permit application, issuance of the building permit, and inspection of the work. A brief description of the process and the preapproved PRADU master plans for download are provided below.
HOW TO APPLY FOR PREAPPROVED PLANS
Designers and architects who wish to have their ADU plans preapproved by the City of Encinitas may do so through the City’s established process. The submitted plans shall not be site-specific and shall include complete architectural drawings, structural drawings, and structural calculations. Applicants must follow all instructions and requirements outlined in the Preapproved Permit Ready PRADU Process Guide.
Site-Specific Project Submittal of Preapproved Plans:
Preapproved PRADU plans and a site-specific plan must be submitted as part of an ADU permit application. The preapproved PRADU plans must be submitted online through the CSS portal following the steps for an ADU above. The project description should identify that it is a preapproved PRADU design with the specific plan preparer identified.
For projects with changes to the preapproved plans: Making changes to a preapproved PRADU plan will disqualify it as a preapproved PRADU and require standard ADU review.
I want to use preapproved ADU plans. How do I proceed?
Explore the City preapproved PRADU plans list below. You may wish to contact several plan preparers to learn about their options, pricing, and installation approach. Be sure to confirm the plan preparer’s role in submitting the plans and securing the building permit. It is highly advised that you have the plan preparer or contractor obtain the permits. This keeps the liability for the work with the plan preparer or contractor.
CITY PREAPPROVED PRADU PLANS
Contact: planning@encinitasca.gov or 760-633-2710
Design Path Studio
- 350 sq. ft. studio ADU
- 555 sq. ft. 1 bedroom, 1 bath ADU
- 745 sq. ft. 2 bedroom, 2 bath ADU
- 938 sq. ft. 3 bedroom, 3 bath ADU
DZN Partners
City ADU and JADU Ordinances
Revisions to the City’s ADU Ordinance were approved on March 14, 2018. The revisions provide reliefs from various development standards and make the permitting and construction process easier and more affordable. A second ordinance, also approved on March 14, 2018, allows for the creation of Junior Accessory Dwelling Units (JADU) within existing dwellings.
The ordinances were submitted to the California Coastal Commission for final certification on April 27, 2018. On September 14, 2018, the CCC approved the JADU Ordinance, and approved the ADU Ordinance, with modifications. The modifications, which standardized the language and reinforced environmental protections, were included in a follow-up ordinance, which was approved by City Council on October 24, 2018. That ordinance was submitted to the CCC and received final concurrence on December 13, 2018.
The State of California Legislature adopted six new ADU and JADU laws that went into effect January 1, 2020. Ordinance No. 2020-10 was created to bring the City’s Zoning Code into compliance with state law.
On November 18, 2020, the City Council adopted Ordinance No. 2020-10. The Coastal Commission suggested modifications regarding replacement parking, nonconforming conditions, and setbacks.
On February 9, 2022, the City Council adopted Ordinance No. 2022-03 to accept the Coastal Commission modifications regarding nonconforming conditions and setbacks, without accepting the replacement parking modifications. The Coastal Commission suggested another modification, which addresses when a CDP is required for the construction of a new ADU/JADU.
On September 14th, 2022, the City Council adopted Ordinance No. 2022-11 for the modification regarding the CDP requirement. That ordinance was submitted to the CCC and received final concurrence on November 16, 2022.
All three ordinances (2020-10, 2022-03, and 2022-11) are combined and summarized in the first link below.
- ADU Combined Ordinances No. 2020-10, 2022-03, and 2022-11
- JADU Ordinance No. 2018-02
- CCC Modifications Ordinance No. 2018-11
On September 28, 2022, the State of California Legislature adopted two (2) new ADU and JADU bills SB 897 and AB 2221. Both bills went into effect on January 1, 2023.
The applicable municipal code changes were initiated on April 19th, 2023. This initiation directs City staff to update the EMC to comply with the new bills imposed by the state. The resolution of the initiation can be found below:
On March 25, 2024, the State of California Legislature adopted SB 477 to amend state law by relocating numerous ADU and JADU government code sections into a new chapter and repealing previous government code sections. On September 25, 2024, the City Council adopted Resolution 2024-110 to initiate amendments to the ADU ordinance pursuant to SB 477, which can be found below:
Changes in State Law
On September 28, 2024, Assembly Bill 2533 was signed into law creating Government Code Section 66332. This bill prohibits a local agency from denying a permit for an unpermitted accessory dwelling unit or junior accessory dwelling unit that was constructed before January 1, 2020, unless the local agency makes a finding that correcting a violation is necessary to address a substandard condition. The bill allows the homeowner to obtain a confidential third-party inspection by a licensed design professional or general contractor to determine the unit’s existing condition or the scope of building improvements.
Legalization of Unpermitted ADUs and JADUs Process Guide and Checklist
Timeline and Workshops
March 11, 2019
Encinitas Community Center, Banquet Room, 1140 Oakcrest Dr., 5:30-8:00pm
Housing for Generations - ADU Workshop #2
Presentation of PRADU program. City staff and the PRADU Program Architects were available to discuss the City’s new Permit Ready Accessory Dwelling Units (PRADU) Program
January 28, 2019
Community Room, Encinitas Library, 540 Cornish Dr., 4:00-7:00 pm
Housing for Generations ADU Open House: City staff and the PRADU Program Architects were available to discuss the City’s new Permit Ready Accessory Dwelling Units (PRADU) Program, as well as changes to the City’s Accessory Dwelling Unit zoning code, and SB 1226 and the Affordable Unit Policy (AUP).
January 9, 2019
City Council Chambers, City Hall, 505 S. Vulcan Ave., 6:00 pm
Presentation to City Council on updates to the Accessory Dwelling Unit zoning code, and a preview of the building plans for the Permit Ready Accessory Dwelling Units (PRADU) Program.
- ADU Handout
- Housing for Generations Presentation (Including PRADU floor plans and renderings)
March 11, 2019
Encinitas Community Center, Banquet Room, 1140 Oakcrest Dr., 5:30-8:00 pm
Housing for Generations - ADU Workshop #2
Presentation of PRADU program. City staff and the PRADU Program Architects were available to discuss the City's new Permit Ready Accessory Dwelling Units (PRADU) Program.
January 28, 2019
Community Room, Encinitas Library, 540 Cornish Dr., 4:00-7:00 pm
Housing for Generations ADU Open House City staff and the PRADU Program Architects were available to discuss the City's new Permit Ready Accessory Dwelling Units (PRADU) Program, as well as changes to the City's Accessory Dwelling Unit zoning code, and SB 1226 and the Affordable Unit Policy (AUP).
January 22, 2019
Poinsettia Room, City Hall, 505 S. Vulcan Ave., 6:00-8:00 pm
Housing for Generations ADU Workshop: Learn about changes to the City's Accessory Dwelling Unit Zoning code, SB1226 and the Affordable Unit Policy (AUP), and the City's new Permit Ready Accessory Dwelling Units (PRADU) Program.
January 9, 2019
City Council Chambers, City Hall, 505 S. Vulcan Ave., 6:00 pm
Presentation to City Council on updates to the Accessory Dwelling Unit zoning code, and a preview of the building plans for the Permit Accessory Dwelling Units (PRADU) Program.
- ADU Handout
- Housing for Generations Presentation (Including PRADU floor plans and renderings)
2023 City ADU Survey
Background
The Policy Planning and Housing Division conducted a survey for Accessory Dwelling Units (ADU) and Junior ADUs (JADU) in 2023 in response to Housing Element Programs 1C and 3E. The programs required the City to conduct a survey to review affordability levels, determine if nongovernmental constraints are impeding construction, and identify any actions to take that may help remove these nongovernmental constraints. In addition to the Housing Elements Program requirements, the survey further analyzed governmental constraints that are impediments to construction.
Methodology
The survey was mailed to applicants with ADU and JADU permit applications who had a project under construction, applied for and/or obtained a permit, had a completed project, or were part of a discretionary approval where the project has not yet applied for building permits. All permits meeting at least one of these criteria after June 30, 2020, were included in the survey to coincide with the 6th Cycle Housing Element reporting period. Surveyed applicants accounted for 706 permit applications, with 108 responses and a 15.3% response rate. The mailed survey had 10 questions and allowed the recipient to either return the completed survey to City Hall or complete the survey online. The online survey included a total of 21 questions in which applicants were requested to provide feedback on the City application process as well as rental rate information. A link to the City Council Memo regarding the ADU survey is below:
The California Housing Finance Agency (Cal HFA) accepts applications for the ADU Grant Program, which provides up to $40,000 towards pre-development and non-recurring closing costs associated with the construction of the ADU. Predevelopment costs include site prep, architectural designs, permits, soil tests, impact fees, property survey, and energy reports.
To qualify:
- Applicants must own a single-family home or 2-4 units on the site where the ADU will be developed.
- Applicants must be income-qualifying households that are low-income (80% of Area Median Income) earning less than $93,440.
- Applicants must receive a construction loan through a certified lender in order to apply for the grant.
Interested? See the Program Term Sheet or call Cal HFA at (916) 326-8800.
For More information, check out this informative video from Cal HFA.
Stay up-to-date on future ADU funding opportunities through Cal HFA - sign up for notifications here.
