Encinitas ADU Regulations & Zoning

Encinitas allows at least 2 detached ADUs for multifamily lots with an existing multi-family building. (Meaning: In order to build 2 ADUs, the property must already have at least a duplex on it, not just a single family dwelling)

Multifamily property owners are permitted to build as many ADUs as there are existing units, with a maximum of eight detached ADUs.

Additionally, a minimum of one accessory dwelling unit, or up to 25 percent of the existing multifamily units, is permitted within an existing multifamily dwelling, as a result of the conversion of non-habitable space including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages.

Read more about the rules around how many ADUs you can build on a multifamily lot.

Guest quarters (referred to as guest house in Encinitas) are allowed in addition to ADUs and JADUs.

In residential zones, one detached guest house is allowed per lot with a minimum area of 10,000 square feet. Guest houses are not permitted in other zones.

The maximum floor area for a guest house is 640 square feet, and it must comply with the main building setbacks for the designated residential zone. Larger guest houses or those maintaining accessory structure setbacks require a minor use permit. A variance is needed for any guest house that does not meet either main building or accessory structure setback requirements.

Kitchen and laundry facilities are not allowed. Guest houses can only be occupied temporarily for up to 30 consecutive days and cannot be rented or used as separate dwellings.

Read more about guest quarters.

Any accessory dwelling unit in compliance with the required setbacks of the underlying zone shall be permitted to build to the height limit for that zone pursuant to Chapter 30.16.010.B.6 (Residential Zones) of the Encinitas Municipal Code. (Meaning: You can build a two story ADU, but you will need to stick with regular setbacks, not the reduced 4′ setbacks). You can also build a two story ADU above a garage.

In the City of Encinitas, height shall be measured from the lower of the natural or finished grade adjacent to the structure, to the highest portion of the roof immediately above.

Also, per recent state law change, detached ADUs within half a mile of major transit stops or high-quality transit corridors can enjoy 4′ side and rear setbacks so long as they are not more than 18 feet tall. An additional 2 feet can be added if the ADU’s roof pitch matches the primary dwelling.

Read more about two story ADUs and height limits.

Roof decks shall be permitted provided the design of the roof or deck railings do not extend beyond the maximum 16-foot height limit.

The square footage of any attached ADU may not to exceed 50% of the primary dwelling square footage, or 1,200 sqft, whichever is less, but not less than 800 square feet.

Architectural building materials of the accessory dwelling unit shall be compatible with the primary residential structure(s).

The minimum required distance between a primary residence and an ADU is six feet wall to wall, and a minimum of four feet from eave to eave (if applicable) between each structure. This information was confirmed by the Encinitas Development Services Department Planning Staff via email in November 2023. This regulation can be found in the definitions section under Accessory Structure, Detached (EMC 30.04.010).

Note that fire codes may require special materials when closer than 10′.

Yes, as of June 2022, Encinitas has stated that a soils report is required for all new structures, including new detached ADUs.

Accessory dwelling units developed within the coastal zone are subject to requirements of the Local Coastal Program (LCP).

All ADUs and JADUs which are under the coastal overlay zone will required a Coastal Development Permit No Fee (CDPNF). There are no additional fees related to the CDPNF other than the noticing fee (~$200), building permit plan check fee, school fees, water etc. The CDPNF is concurrent with the building permit. Once all other departments have passed their review, the CDPNF process can begin.

During this process:

1. The legal notice will be sent out to all surrounding properties within a 500 square foot radius. Once the letter is sent out there will be a 10-day period in which the public will have the opportunity to contact me and ask me questions about the project.
2. After the 10 days, the city drafts a Notice of Decision (NOD), which the Planning Manager will review and sign. Once the NOD is signed, the city planner will receive a decision number needed to draft the Hold Harmless agreement.
3. The applicant will need to return a notarized covenant along with a check made out to the San Diego County Recorder’s office and a signed/notarized Hold Harmless agreement.

The City’s Municipal Code, Section 30.34.020 “Coastal Bluff Overlay Zone,” states that accessory structures are not permitted within 40’ of the top of the bluff, with some exceptions.

Read more about coastal ADUs.

Yes, Encinitas requires site drainage and storm water mitigation for ADUs with an impervious surface of more than >500 SF. Keep in mind that roof designs typically extend 1′ beyond the ADU size, meaning the impervious surface for a 500 sqft ADU would likely be around 600 sqft.  Finish grading work to create a bio-swale, drainage basin or other contouring work to handle on-site storm water will cost around $5K in most cases. Read more about stormwater mitigation for ADUs.

Yes, Encinitas requires that any disturbed soil must be covered. This includes the 5′ graded area surrounding the ADU, the pathway to the ADU, and any additional areas impacted by work.

Yes, so long as it does not exceed the height limit for the zone.

Yes, you can attach two ADUs to each other in Encinitas.

Yes, existing non-livable space may be converted to ADUs (e.g. storage areas and garages). The minimum number of ADU conversions allowed is one, up to a maximum equal to 25% of the number of existing multifamily units. This is in addition to the allowed number of detached ADUs.

If a parking space is required, it may be located within the setbacks and in an existing driveway as tandem parking. Parking spaces don’t need to be replaced when a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or converted to an ADU.