Agenda packet — Solana Beach City Council, May 27, 2026 (part 3 of 3)

N/A
WORK PLAN:

This item is consistent with the actions and intent of Item 3.A – Outdoor Dining Regulations of the Work Plan.

OPTIONS:
• Approve staff recommendation.
• Provide alternative directions.

CITY STAFF RECOMMENDATION:

Staff recommends that the City Council consider adoption of Ordinance 543 (2nd Reading) amending Section 17.60.130 Sidewalk Cafes and Outdoor Eating Areas of the Solana Beach Municipal Code.
_________________________
Alyssa Muto, City Manager
Attachments:

1. Ordinance 543
Item L.6
ORDINANCE 543

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOLANA
BEACH, CALIFORNIA, AMENDING SECTION 17.60.130 OF THE

SOLANA BEACH MUNICIPAL CODE THAT WOULD ALLOW

OUTDOOR DINING AND SIDEWALK CAFES
WHEREAS, on January 4, 2026 the City Council adopted Ordinance 533 which amended Section 17.63.130 Sidewalk Café and Outdoor Dining regulations; and WHEREAS, since the adoption of the updated Sidewalk Café and Outdoor Dining regulations it was identified that the regulations did not sufficiently clarify the types of shade structures that would be allowed on public sidewalks, public streets or public parking areas; and WHEREAS, providing shade for outdoor dining is encourage, it was not intended to allow for the construction of permanent shad structures within the public sidewalk or parking area; and WHEREAS, on May 6, 2026 the City Council conducting a public hearing introducing Ordinance 543 amending Section 17.63.130 of the Solana Beach Municipal Code.

NOW, THEREFORE, the City Council of the City of Solana Beach hereby ordains as follows:

Section 1. All of the above statements are true; and
Section 2. Section 17.60.130.D.6 Sidewalk Cafes and Outdoor Eating Areas shall be amended to read to as follows:

6. General Design Considerations.
a. Fixtures.
i. Sidewalk cafes may contain readily removable railings or fencing or any combination of removable railings, fencing, and landscaping in planter boxes to separate the encroachment area from the remainder of the sidewalk.
ii. No solid walls shall be permitted in the right-of-way. Solid walls and wind screens are permitted in outdoor dining areas outside of the right-of-way. iii. The furnishings of the interior of a sidewalk cafe shall consist of readily movable tables, movable chairs, and movable umbrellas. For the purposes of this section “readily movable” shall mean that no object such as a table, chair, planter, or any other fixture, shall be leaded, cemented, nailed, bolted, power riveted, screwed, or affixed, even in a temporary manner, to either the sidewalk or to any other structure which it abuts, unless required by building or fire code.
iv. Landscaping may be placed either in movable planters or planted in the ground inside the defined cafe area adjacent to any barrier, railing fence, or combination thereof.

Item L.6
May 6, 2026
Ordinance 543

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2 v. Lighting and heating fixtures may be permanently affixed onto the exterior front of the main building. Portable heating units may be used in all outdoor cafes. vi. Canopies, umbrellas and other shade structures may be permitted provided they are compatible with the materials, colors and design features of the adjoining building or façade in which the associated dining establishment is located.

1. Temporary “pop-up” tent structures shall be prohibited on both private and public areas.

2. On public sidewalks, public streets or public parking areas, shade structures shall be limited to umbrellas.

Section 3. The City Council finds that this Ordinance is exempt from the provisions of the California Environmental Quality Act (“CEQA”) pursuant to Section 15305 of the California Environmental Quality Act (CEQA) Guidelines, which exempts minor alterations in land use limitations which will not result in any changes in land use or density. The City Council further finds that there is no possibility that the activity may have a significant effect on the environment and that therefore, pursuant to Section 15061(b)(3) of the CEQA Guidelines, the Ordinance is exempt from the provisions of CEQA.

Section 4. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Chapter, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Chapter, or its application to any other person or circumstance. The City Council declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.

EFFECTIVE DATE: This Ordinance shall be effective thirty (30) days after its adoption.

Within fifteen (15) days after its adoption, the City Clerk of the City of Solana Beach shall cause this Ordinance to be published pursuant to the provisions of Government Code Section 36933.

INTRODUCED AND FIRST READ at a regular meeting of the City Council of the City of Solana Beach, California, on the 6th day of May, 2026; and THEREAFTER ADOPTED at a regular meeting of the City Council of the City of Solana Beach, California, on the 27th day of May, 2026, by the following vote:

AYES: Councilmembers –
NOES: Councilmembers –
ABSTAIN: Councilmembers –
ABSENT: Councilmembers –
____________________________
LESA HEEBNER, Mayor
Item L.6
May 6, 2026
Ordinance 543

Page 3 of 3 ends

3 APPROVED AS TO FORM: ATTEST:
_______________________________ ____________________________ JOHANNA N. CANLAS, City Attorney ANGELA IVEY, City Clerk Item L.6
COUNCIL ACTION:
_______________________________________________________________________ AGENDA ITEM # L.7.

STAFF REPORT

CITY OF SOLANA BEACH
TO: Honorable Mayor and City Councilmembers
FROM: Alyssa Muto, City Manager
MEETING DATE: May 27, 2026
ORIGINATING DEPT: City Clerk’s Department
SUBJECT: Adopt Ordinance 544 (2nd Reading) Related to Speaker Time Donation
BACKGROUND:

The Ralph M. Brown Act (Government Code § 54950 et seq.) establishes requirements for open meetings of local legislative bodies. Senate Bill 707 (SB 707), signed into law on October 3, 2025, updated teleconferencing requirements, as noted at the May 6, 2026 City Council Meeting.

City Council was informed of the logistical considerations involved in tracking both remote and in-person speakers. As a result, the time limit provisions were moved to Resolution 2026-056 (Attachment 2) to allow for easier updates in the future, if needed. This item is not before the Council as it was adopted by the City Council at the meeting of May 6, 2026.

DISCUSSION:

The City Council retains discretion over certain meeting procedures per the Municipal Code. To provide greater flexibility in adjusting speaker time limits, Staff recommended that the City Council consider moving all speaker times from the Municipal Code to a standing resolution, which provides for more timely and efficient updates in the future. The City Council introduced Ordinance 544 (Attachment 1) on May 6, 2026. This is the second reading for the Council of this proposed amendment to the Municipal Code.

CEQA COMPLIANCE STATEMENT: N/A
FISCAL IMPACT: N/A
WORK PLAN: N/A
OPTIONS:
• Approve staff recommendation.
• Provide alternative directions.

Item L.7
May 27, 2026
SB 707 Compliance Disruption Policy and Code Amendments

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CITY STAFF RECOMMENDATION:

Staff recommends that the City Council:

1. Adopt Ordinance 544 (2nd Reading) to amend SBMC removing reference to specific speaker time limits.
_________________________
Alyssa Muto, City Manager
Attachments:

1. Ordinance 544 Amending SBMC Chapter 2.04.200 and 2.04.220.

2. Resolution 2026-056 Signed Adopting Speaker Time Limits Item L.7
ATTACHMENT 1
ORDINANCE 544

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

SOLANA BEACH, CALIFORNIA, AMENDING SECTIONS

2.04.200 AND 2.04.220 OF THE SOLANA BEACH MUNICIPAL

CODE (SBMC) REFINING PUBLIC SPEAKERS TIME

ALLOTMENTS
WHEREAS, on October 3, 2025, Senate Bill 707 was signed into law; and WHEREAS, the City has implemented various changes to comply with the new law, including adoption of a “Technology Disruption Policy During Public Meeting”; and WHEREAS, as of July 1, 2026, the City Council Meetings will provide additional access to council meetings, including both observation and public speaker participation via remote attendance; and
WHEREAS, the procedure of time donations is difficult to verify and manage when participation occurs in multiple formats (e.g., in person, telephonic, online) simultaneously; and

WHEREAS, tracking, verifying, and managing donated time increases the likelihood of errors and misallocation of time; and
WHEREAS, eliminating time donation will ensure that rules and regulations are consistently applied to public meetings and the meetings proceed in an orderly, and predictable manner; and
WHEREAS, the City Council may, at any time by majority vote, allow speakers additional time when determined to be necessary; and
WHEREAS, it is suitable to remove references to speaker time limits from the Municipal Code to allow for necessary future modifications to respond to new technology and public meeting procedures under SB 707.

NOW, THEREFORE, the City Council of the City of Solana Beach hereby ordains as follows:

Section 1. SBMC Chapter 2.04, Section 2.04.180, remains unchanged and is provided for context:

2.04.180 Consent calendar.

A. Certain items for inclusion on the agenda which have been reviewed by the city manager, delivered to the city council and made available to the public prior to the council meeting shall be grouped together for action and listed under the consent calendar, when Item L.7
Ordinance 544
Speaker Time Limits

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such matters are considered to be noncontroversial and in the nature of housekeeping items by the city manager, requiring only routine action by the council. Actions recommended by the city manager shall be in summary form and be a part of that item.

Adoption of the consent calendar may be made by one motion approved by the council; provided, however, that the mayor should first advise the audience that the consent calendar matters will be adopted in total by one action of the council unless any council member or any individual or who has so requested wishes to be heard on consent items.

In that event, the mayor may defer action on the particular matter or matters and place them on the regular agenda for consideration in any order deemed appropriate. A request from the public to discuss an item must be filed with the city clerk in writing prior to council consideration of the consent calendar.

B. The written agenda available to the public and to the city council shall provide a notice of explanation to the public concerning the consent calendar.

Section 2. SBMC Chapter 2.04, Section 2.04.190, is modified removing reference to speaker time limits and shall read as follows:

2.04.190 Oral communications.

The agenda for each regular meeting of the city council shall include a time for oral presentation by members of the public on matters of city concern which are not otherwise listed on the agenda. Persons wishing to address the council shall fill out the form specified in SBMC 2.04.200. Time limits are designated by city council resolution. Time limits are to be designated by city council resolution. The council shall not discuss or take action on any matter brought to its attention during oral communication, unless otherwise authorized by law. At the direction of any member of the council, the city manager shall place any matter requiring council discussion or action on the agenda for a subsequent regular council meeting.

Section 3, SBMC Chapter 2.04, Section 2.04.200 is changed by deleting a portion of Section B, E, and F referencing speaker time limits and time donation and shall read as follows:

2.04.200 Addressing the council on matters not scheduled for public hearing.

Any person may submit oral or written communication to the city council on any matter listed on the agenda, subject to the following:

A. Any person desiring to address the council shall first obtain permission of the presiding officer. The person requesting permission shall submit a written request to speak on a form prepared by the city manager and provided at each meeting. The form must be submitted to the city clerk before the matter is considered by the city council.

B. Each person desiring to address the council shall approach the podium, state the subject he or she wishes to discuss, state whom he or she is representing if he or she represents an organization or other persons. Time limits are to be designated by city council resolution. Additional time may be granted by a majority vote of the council.

Item L.7
Ordinance 544
Speaker Time Limits

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All remarks shall be addressed to the council as a whole and not to individual members thereof. No questions shall be asked of a council member or a member of the city staff without obtaining permission of the presiding officer. The presiding officer shall not permit any communication, oral or written, to be made or read where it does not bear directly on the agenda item then under discussion.

C. After a motion has been made, no member of the public shall address the council from the audience on the matter under consideration without permission granted by a majority vote of the council.

D. Written Communication. Interested parties or their authorized representatives may address the council by written communication with regard to matters with which they are concerned and are then the subject of council discussion. Copies of such communications shall be furnished to each council member present and shall not be read aloud at the meeting unless so ordered by a majority vote of the council. Written communications from the administrative staff shall not be read aloud unless requested by the writer or any council member. Anonymous communications shall not be considered or placed on the agenda.

E. When any identifiable group of individual persons, with similar remarks, wishes to address the council on the same agenda item, the mayor shall have the discretion to request that one spokesperson be chosen to address the council. If additional issues are to be presented at the hearing by any other member of such group, the mayor may limit the number of persons and the time periods to address the council, so as to avoid unnecessary repetition of issues before the council. Time limits are designated by City council resolution. Additional time may be granted by a majority vote of the council. (Ord. 361 §§ 3, 4, 5, 2007; Ord. 31 § 2, 1987; 1987 Code § 2.18.160) Section 4. SBMC Chapter 2.04, Section 2.04. 210 remains unchanged and is provided for context:

2.04.210 Public hearing – When held.

A. Wherever by law the city council is required to hold a public hearing on any matter before it, such hearing will be held in accordance with the rules and procedures set forth in this article. Nothing herein shall prohibit or limit the city council from holding a public hearing on any matter before it, whether required by law or not, and nothing herein shall prohibit or limit any member of the public from addressing the council in accordance with the procedures provided for in this article, irrespective of whether or not a public hearing is being held.

B. All public hearings shall be scheduled to begin at a time certain which shall be the hour the council convenes. The council shall hold such hearings in order, in accordance with the schedule on the agenda at the time or as soon thereafter as practicable.

Item L.7
Ordinance 544
Speaker Time Limits

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Section 5. SBMC Chapter 2.04, Section 2.04.220, Paragraph A. and B. will remain the same. Paragraph C and D are modified by deleting references to groups, time limits, and time donation and shall read as follows:

2.04.220 Public hearing – Procedure
A. The presiding officer shall announce that it is the time and place for a public hearing scheduled on the agenda.

B. Prior to all city council public hearings, copies of the council’s agenda, with attachments, including the staff report, if any, shall be available at the office of the city clerk at least 24 hours prior to the commencement of the hearing; provided, however, the council may allow in its discretion the filing of supplemental reports which shall be made public at the commencement of the hearing.

C. The order of the hearing shall be as follows unless otherwise required by law:

1. Public Hearings.
a. Presentation of staff report;
b. Questions from the council;
c. Presentation by the applicant;
d. Testimony of people in favor;
e. Testimony of people in opposition;
f. Rebuttal of applicant with remaining time;
g. Additional questions from the council;
h. Closing or continuing the matter;
i. Action as determined appropriate by the council.

2. Appeals shall be conducted pursuant to Chapter 2.32 SBMC.

D. The provisions of SBMC 2.04.200 for addressing the council shall apply to persons testifying at public hearings except that:

1. Persons, except for the applicant and appellant, wishing to address the council shall fill out the form specified in SBMC 2.04.200;

2. The time limit for individuals, applicants, and appellants shall be designated by city council resolution.

E. The majority vote of the council, dependent upon the necessity for ensuring adequate presentation of testimony and evidence to provide a fair hearing, may set longer time limits than otherwise allowed by this chapter.

Section 6. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Chapter, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Chapter, or its application to any other person or circumstance.

EFFECTIVE DATE: This Ordinance shall be effective thirty (30) days after its adoption. Within fifteen (15) days after its adoption, the City Clerk of the City of Solana Item L.7
Ordinance 544
Speaker Time Limits

Page 5 ends

Beach shall cause this Ordinance to be published pursuant to the provisions of Government Code Section 36933.

INTRODUCED AND FIRST READ at a special meeting of the City Council of the City of Solana Beach, California, on the 6th day of May 2026, and THEREAFTER ADOPTED at a regular meeting of the City Council of the City of Solana Beach, California, on the ___ day of ___, 2026, by the following vote:

AYES: Councilmembers —
NOES: Councilmembers —
ABSTAIN: Councilmembers —
ABSENT: Councilmembers —

________________________________
LESA HEEBNER, Mayor
APPROVED AS TO FORM: ATTEST:
_______________________________ ________________________________ JOHANNA N. CANLAS, City Attorney ANGELA IVEY, City Clerk Item L.7
Item L.7
Item L.7
Item L.7
Item L.7
COUNCIL ACTION:
_______________________________________________________________________ AGENDA ITEM # L.8.

STAFF REPORT

CITY OF SOLANA BEACH
TO: Honorable Mayor and City Councilmembers
FROM: Alyssa Muto, City Manager
MEETING DATE: May 27, 2026
ORIGINATING DEPT: Community Development Department – John Delmer, Assistant Planner
SUBJECT: Adoption of Ordinance 542 – Accessory Dwelling Unit Ordinance Update
BACKGROUND:

This item is before the Council to consider adoption of Ordinance 542 updating the City’s Accessory Dwelling Unit regulations and standards to be consistent with State Law. This is the second reading for the Council of this proposed amendment to the Municipal Code.

DISCUSSION:

On May 6, 2026, the City Council introduced Ordinance 542 which would update the City’s Accessory Dwelling Unit regulations.

The City of Solana Beach has implemented programs and procedures to promote and create Accessory Dwelling Units (ADUs) throughout the City. These efforts have resulted in a nearly 30% higher number of ADUs than anticipated by HCD during the City’s 6th Cycle Housing Element. However, the State of California Legislature continues to adopt new legislation that requires local agencies to adopt and implement policies that are consistent with State legislation. Staff has prepared Ordinance 542 for City Council consideration in an effort to implement the follow State legislation: SB 13 (2019), SB 897 (2022), AB 68 (2019), AB 345 (2021), AB 881 (2019), AB 2221 (2022), AB 3182 (2020), AB 976 (2023), SB 477 (2025), AB 130 (2025), AB 462 (2025), AB 1154 (2026), SB 9 (2026), SB 543 (2026).

The proposed regulations and standards are intended to be consistent with State Law and are intended to further incentivize and promote ADU development that can offer affordable rents for all household income levels. These proposed amendments are also consistent with and implement a portion of the 6th Cycle Housing Element Program 1B. ADU development assists the City in satisfying a portion of the housing units allocated to the City through the Regional Housing Needs Allocation and are consistent with the policies and programs of the City’s General Plan and certified Land Use Plan of the City’s Local Coastal Plan.

Item L.8
May 27, 2026
Ordinance 542 – ADU Ordinance Update

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The following is a summary of the changes that are being proposed as part of Ordinance 542:
• Moves ADU provisions out of Chapter 17.20 Residential Zones to Chapter 17.60 Special Regulations
• Clarifies that ADUs are permitted ministerially pursuant to adopted development standards
• Clarifies that ADUs may be permitted on properties with existing or proposed multifamily dwellings • Adds language that further clarifies that setback limits cannot preclude at least an eight hundred (800) square foot detached or attached accessory dwelling • Clarifies that if a JADU shares sanitation facilities that one of the dwellings on the lot must be the bona fide principal residence of at least one legal owner of the lot • Clarifies fire sprinkler requirements for the ADU do not trigger fire sprinklers for the primary dwelling(s)
• Clarifies that impact fees may not be imposed on ADUs that are 750 square feet or less
• Clarifies that one JADU, one ADU within the existing space of a single-family dwelling and one detached ADU may be permitted on a lot • Cleans up references to State Law provisions
These proposed changes address the City’s ADU provision deficiencies relevant to current State Law and will be forwarded to HCD for review upon adoption by City Council.

CEQA COMPLIANCE STATEMENT:

This project is exempt from the provisions of the California Environmental Quality Act pursuant to Section 15061(b)(3) because the proposed Zoning Code updates are covered by the commonsense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment.

FISCAL IMPACT:

N/A
WORK PLAN:

This item is consistent with the actions and intent of Item 1.B of the Work Plan.

OPTIONS:
• Approve staff recommendation.
• Provide alternative directions.

CITY STAFF RECOMMENDATION:

Item L.8
May 27, 2026
Ordinance 542 – ADU Ordinance Update

Page 3 of 3 ends

Staff recommends that the City Council consider adoption of Ordinance 542 (2nd Reading) amending the City’s Accessory Dwelling Unit regulations. _________________________
Alyssa Muto, City Manager
Attachments:

1. Ordinance 542
Item L.8
A
ORDINANCE 542

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOLANA BEACH, CALIFORNIA, REPEALING SECTION 17.20.040(D) AND ADDING SECTION

17.60.210 TO THE SOLANA BEACH MUNICIPAL CODE TO PROVIDE FOR

REGULATIONS CONCERNING JUNIOR AND ACCESSORY DWELLING UNITS WHEREAS, the City Council of the City of Solana Beach seeks to implement SB 13 (2019), SB 897 (2022), AB 68 (2019), AB 345 (2021), AB 881 (2019), AB 2221 (2022), AB 3182 (2020), AB 976 (2023), SB 477 (2024), AB 130 (2025), AB 462 (2025), AB 1154 (2025), SB 9 (2025), and SB 543 (2025) through the adoption of regulations concerning accessory dwelling units; and
WHEREAS, Sections 66310-66342 of the California Government Code provide that the Legislature’s intent with the aforementioned Bills was that local agencies adopt an ordinance relating to matters including unit size, parking, fees, and other requirements, that are not arbitrary, excessive, or burdensome so as to unreasonably restrict the ability of homeowners to create accessory dwelling units in zones in which they are authorized by local ordinance; and WHEREAS, the proposed regulations and standards are intended to be consistent with state law and are intended to incentivize and promote the creation of ADUs that can offer affordable rents for all household income levels; and
WHEREAS, the proposed amendments are consistent with and implement a portion of Sixth Cycle Housing Element Program 1B; and
WHEREAS, ADU and/or JADU development will assist the City in satisfying a portion of the housing units allocated to the City through the Regional Housing Needs Allocation; and WHEREAS, the proposed provisions are consistent with the policies and programs of the City’s General Plan and the certified Land Use Plan of the City’s Local Coastal Plan; and WHEREAS, the proposed regulations include objective standards for development of ADUs and JADUs that protect the health, safety and welfare of the community; and WHEREAS, the City Council of the City of Solana Beach seeks to update the Accessory Dwelling Unit Regulations to comply with State Law
NOW, THEREFORE, the City Council of the City of Solana Beach hereby ordains as follows:

Section 1. All of the above statements are true and correct and are hereby incorporated into this Ordinance by reference; and
Section 2. Section 17.20.040(D) of the Solana Beach Municipal Code shall be repealed and Section 17.60.210 shall be added to read as follows:

17.60.210 Specific requirements.

A. Accessory Dwelling Units. The purpose of this subsection is to provide regulations for the establishment of accessory dwelling units and to define an approval process for such accessory Item L.8
May 6, 2026
Ordinance 542

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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. 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.

3. In accordance with Government Code Section 66314 et seq., 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. All objective development standards contained in the underlying zoning district or overlay shall apply to accessory dwelling units unless such standards are inconsistent with the provisions of this Section 17.60.210.A.3, in which case the standards of this Section 17.20.040.A.3 govern.
b. A detached primary single-family dwelling unit shall exist or be proposed on the lot, or multifamily dwelling units shall exist or be proposed on the lot. c. The accessory dwelling unit may be created within the existing walls of a primary residence or accessory structure (an "interior" accessory 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.
d. 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, setbacks, and minimum lot size must permit a detached or attached accessory dwelling unit with at least eight hundred (800) square feet of interior livable space and with four-foot side and rear yard setbacks, if the proposed accessory dwelling unit is in compliance with all other development standards.

Item L.8
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Ordinance 542

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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. e. 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 4 below. f. 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.
g. The floor area of an attached or detached accessory dwelling unit shall not exceed 850 square feet for a studio or one bedroom or one thousand (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 & Safety Code.
h. 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.
i. Junior and accessory dwelling units shall only be used for rentals of terms of longer than 30 consecutive days.
j. The following provisions are applicable to junior accessory dwelling units:

Item L.8
May 6, 2026
Ordinance 542

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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. If the junior accessory dwelling unit has shared sanitation facilities with the existing structure, 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) If the junior accessory dwelling unit has shared sanitation facilities with the existing structure, 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.
k. 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 offstreet 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.
ii. The accessory dwelling unit is located within an architecturally and historically significant historic district.

Item L.8
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Ordinance 542

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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 pick-up location, as established by the city.
l. 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. m. Except as provided in subparagraph (n) below, 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. n. 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 (A)(4)(a) o. Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence. The construction of an accessory dwelling unit or a junior accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in an existing primary single-family or multifamily dwelling. p. No impact fees may be imposed on a junior or accessory dwelling unit that has seven hundred fifty (750) square feet of interior livable space or less. For purposes of this Item L.8
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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 seven hundred fifty (750) square feet or more, impact fees shall be charged proportionately in relation to the square footage of the primary dwelling unit.

4. In accordance with Government Code Section 66323, the City shall ministerially approve an application for a building permit within a residential or mixed-use zone to create any of the following units, or any combination of the following units:
a. One junior accessory dwelling unit and one accessory dwelling unit within the existing space of a single-family dwelling or accessory structure or the proposed space of a singlefamily 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. The junior accessory dwelling unit complies with subsection (A)(3)(j) b. One detached, new construction accessory dwelling unit not larger than eight hundred (800) square feet or taller than the height limitations allowed under subsection (A)(3)(h), with side and rear yard setbacks of at least four (4) feet per lot with an existing or proposed single-family dwelling.
c. Accessory dwelling units within the portions of an existing multifamily dwelling structure that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, provided that each unit complies with state building standards for dwellings. At least one such unit, and up to a number of such units no greater than 25 percent of the number of existing multifamily units in the building,25 percent of the number of existing multifamily units in the building, shall be allowed. No accessory dwelling unit shall be created within any portion of an existing multifamily structure that is used as livable space.
d. Multiple detached accessory dwelling units, not to exceed the number specified in clause (i) or (ii), as applicable, on a lot that has an existing or proposed multifamily dwelling, that are subject to height limitations outlined in subsection (A)(3)(h) and rear yard and side setbacks of four feet.
i. On a lot with an existing multifamily dwelling, not more than eight (8) 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.
ii. On a lot with a proposed multifamily dwelling, not more than two detached accessory dwelling units are allowed.

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5. Applications for junior and accessory dwelling units conforming to the requirements of subsection (A)(3) or (4) 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 sixty (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 sixty (60) days of receipt of a complete application and approved if it meets the requirements of this section. Occupancy of the junior or accessory dwelling unit shall not be allowed until the city approves occupancy of the primary dwelling.

6. 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.

7. The city may offer incentives to encourage development of accessory dwelling units. If owners of accessory units elect to record a twenty-five (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 thirty (30) percent of the gross monthly income of a low-income household, at eighty (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 twenty-five (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.

Section 3. The City Council finds that this Ordinance is exempt from the provisions of the California Environmental Quality Act (“CEQA”) pursuant to Section 21080.17 of the Public Resources Code relating to the construction of second units, which exempts the adoption of an ordinance by a city to implement the provisions of Government Code Sections 66314 et seq. and 66333 et seq. The City Council further finds that the Ordinance is exempt from CEQA pursuant to Section 15305 of the CEQA Guidelines, which exempts minor alterations in land use limitations that will not result in any changes in land use or density. The Ordinance updates the provisions of the City’s Municipal Code to conform with state law requirement relating to development of ADUs and Junior ADUs, and it does not change permitted land uses on any property nor increase Item L.8
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the density of residential uses that property owners are permitted to develop on their property.

Further, none of the exceptions to the Section 15305 exemption included in Section 15300.2 of the CEQA Guidelines are applicable. Therefore, adoption of the Ordinance is exempt from the provisions of CEQA.

EFFECTIVE DATE: This Ordinance shall be effective thirty (30) days after its adoption.

Within fifteen (15) days after its adoption, the City Clerk of the City of Solana Beach shall cause this Ordinance to be published pursuant to the provisions of Government Code Section 36933.

AYES: Councilmembers –
NOES: Councilmembers –
ABSTAIN: Councilmembers –
ABSENT: Councilmembers –
____________________________
LESA HEEBNER, Mayor
APPROVED AS TO FORM: ATTEST:
_______________________________ ____________________________ JOHANNA N. CANLAS, City Attorney ANGELA IVEY, City Clerk Item L.8

Solana Beach City CouncilMay 27, 2026

Solana Beach City Council
May 27, 2026