The Official Town Council and Planning Group of Tierrasanta

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Companion Units (or Granny Flats)

 Companion units (sometimes known as "granny flats" or "second units") are used by many jurisdictions in California as a source of low‑income housing, housing for extended families, as a way to maintain home ownership. The state Government Code mandates that all jurisdictions in the state adopt an ordinance that has "the effect of providing for the creation o second units" and that the "requirements are not so arbitrary, excessive, or burdensome so as unreasonably restrict the ability of homeowners to create second units in zones in which they are authorized  by local ordinance" The Government Code contains provisions that are to be used if a jurisdiction does not adopt its own ordinance.

The City of San Diego adopted a companion unit ordinance in 1984. The City's regulations address physical design, occupancy, and citywide and community impacts. Significant provisions in the ordinance are: applications for companion units are only accepted when the rental vacancy rate is less than 5%; no companion units in the Coastal Zone; and occupancy of the companion unit or primary unit on the site is limited to two persons one of whom is related to the owner, or a senior citizen, or a person with a disability. The vacancy rate fell below 5% for the first time in 10 years in 1998, yet there have been only two companion unit applications in the last two years.

In May 2000, the Land Use and Housing Committee asked staff to propose changes to the ordinance that could broaden the occupancy of the companion unit, for example, to caregivers.

In July 2000, the City Council, during the consideration of the Housing Element, suggested that companion units may provide an option to expand greatly needed housing opportunities.

The documentation provided on or linked with this page shows the progress of the companion unit issue by city  and community planning group activity. A major concern with the people of Tierrasanta and some other communities is the exclusion by City staff of a provision that prohibits companion units in areas where CC&Rs prohibit companion units. Staff's response to this issue is:

"Staff has not included this provision at the advise of the City Attorney. Public and private land use restrictions provide a dual system of use controls and usually are held to operate independently with more restrictive limitation on use controlling.  The City has no involvement in enforcing or monitoring CC&R regulations."

 

Companion Unit Regulations.pdf

Housing Element.pdf

Staff Response to Council Direction.pdf

 

Suggested Modifications to Companion Unit Regulations, March 03

§141.0302       Companion Units

 

141.0302                                 A companion unit is a single dwelling unit that is an accessory use to a single dwelling unit on a residential lot that provides complete living facilities, including a kitchen, independent of the primary dwelling unit.  Companion Units            units are permitted as a limited use in accordance with Process One in the zones indicated with an “L” in the Use Regulations Tables in Chapter 13, Article 1 (Base Zones) and Chapter 10, Article 3, Division 1 (General Provisions for Planned Districts), subject to the regulations in Sections 141.0302(a).   

 

A companion unit is a single dwelling unit that is an accessory use for a single dwelling unit on a residential lot that provides complete living facilities independent of the primary dwelling unit.  Companion units may be permitted with a Conditional Use Permit decided in accordance with Process Three in the zones indicated with a "C" in the Use Regulations Tables in Chapter 13, Article 1 (Base Zones) subject to the following regulations.

                        (a)        Limited Use Regulations.  Companion units are permitted as a limited use subject to the following regulations:

           

                                     (1)       Before a Building Permit is issued for a companion unit, the applicant shall submit a signed agreement to the City that specifies that if the applicant does not occupy either the primary dwelling unit or the companion unit, only one of the units may be rented.  The agreement shall include a stipulation that neither the primary dwelling unit nor the companion unit shall be sold or conveyed separately.  The City will provide the agreement to the County Recorder for recordation.  This agreement shall run with the land and be coterminous with the life of the companion unit.

 

(a)        Companion units are not permitted if the citywide annual average rental vacancy rate is determined to exceed 5 percent.  This determination will be made annually by City Council following a recommendation by the Planning Commission on or before April 1 of each year regarding the City’s vacancy rate in rented multiple dwelling units and rented single dwelling units for the previous calendar year.  The recommendation shall be based on data from sources available to the City Manager that are up-to-date and regularly published by reputable sources.

                                    (2)        For premises within multi-family residential zones, one companion unit is permitted on properties that would normally only allow one single dwelling unit based on the premises size and density permitted on the premises.  For this purpose, the companion unit shall not count toward the density of the premises.  If the premises are modified by area or zone to permit additional dwelling units, the companion unit shall then be considered an additional dwelling unit and shall not be restricted by the applicable companion unit regulations.

 

(b)        Companion units are permitted only if it is determined that the public facilities and services in the Community Plan area in which the proposed companion unit is located are adequate and able to accommodate additional intensity of development.

                                    (3)        A primary dwelling unit must exist on the premises.  Concurrent construction of the primary dwelling unit and the companion unit is permitted.

 

(c)        Companion units are permitted only if the total number of companion units in the community plan area in which the proposed companion unit is located does not exceed 5% of the detached primary dwelling units within that community plan area.

                                    (4)        No more than one companion unit may be permitted on a premises.

 

(d)        Companion units are not permitted in agricultural zones in the future urbanizing area or in the Coastal Overlay Zone.

                                    (5)        A companion unit may be attached to or detached from the primary dwelling unit on the premises.

 

(e)        A primary dwelling unit must exist on the premises.  Concurrent construction of the primary dwelling unit and the companion unit is permitted.

                                    (6)        If access from an improved abutting alley exists, vehicular access to parking spaces for the companion unit shall be from the alley unless the premises has a garage that accommodates all off-street parking required per this section, provided that the premises is not located in the Beach Impact Area or any other area in which vehicular access from the alley is required.

                       

                                    (7)        Parking for the entire premises shall be brought into compliance with Chapter 14, Article 2, Division 5 (Parking Regulations) and with Section 141.0302 (a).

 

(f)         No more than one companion unit may be permitted on a premises.

            (8)        One standard off-street parking space is required for each bedroom in the companion unit, with a minimum requirement of one parking space per companion unit. 

 

(g)        A companion unit may be attached to or detached from the primary dwelling unit on the premises.

                                    (9)        Off-street parking required by this section shall not be located in the area between the street wall and the front property line.

           

                                    (10)      Access to the off-street parking from an unimproved alley is not permitted.

 


 

(h)        The gross floor area of a companion unit shall not exceed 700 square feet.

(11)      Companion units are not permitted on premises smaller than 4,000 square feet.

 

(i12)     The gross floor area of the companion unit shall be included in the floor area ratio calculation for the premises.

 

(j)         A13)    The gross floor area of the companion unit may contain a kitchen.shall not exceed 700 square feet.  For premises smaller than 5,000 square feet, the gross floor area of the companion unit shall not exceed 500 square feet.

 

(k)        For companion units located above a garage or other accessory building, the maximum structure height for flat-roofed structures is 21 feet.  For sloped-roofed structures with a roof pitch of at least 3:12 (3 vertical feet to 12 horizontal feet), the maximum structure height is 30 feet.

(14)      One 24-inch box tree shall be planted in the required front yard of the premises or in the abutting parkway. Existing trees that are at least 15 feet high and 15 feet in width may be used to satisfy this requirement.

 

(l                                  (15)     For detached companion units located above a garage or other accessory building, the maximum structure height for flat-roofed structures is 1521 feet without a chimney or flue, or 17 feet with a chimney or flue..  For sloped-roofed structures with a roof pitch of at least 3:12 (3 vertical feet to 12 horizontal feet), the maximum structure height is 30 feet.                  

 

(m)       Decks and staircases of not more than 3 feet in height may encroach into required yards.

 

(n)        Roof decks, including railings, shall not exceed the structure height limits in Section 141.0302(k) and (l).

 

(o)        Modifications to the premises shall not create a second front entrance or other street-side modifications which would indicate the presence of a second unit or otherwise alter the single dwelling unit appearance of the premises.

 

(p)        One 24-inch box tree shall be planted in the required front yard of the premises or in the abutting parkway.  Existing trees may be used to satisfy this requirement.

 

(q)        Off-street parking and access for a premises containing a companion unit shall be provided as follows.

 

(1)        One standard off-street parking space is required for each bedroom in the companion unit, with a minimum requirement of one parking space, except as provided in Section 141.0302(q)(2). 

 

(2)        No off-street parking space is required if the premises is within the Transit Area Overlay Zone.

 

(3)        Parking for the entire premises shall be brought into compliance with Chapter 14, Article 2, Division 5 (Parking Regulations).

 


 

(4)        Off-street parking required by this section shall not be located in the area between the street wall and the front property line.

 

(5)        If an existing garage is converted to a companion unit, another garage shall be provided on the premises to replace the converted parking spaces.

 

(6)        If abutting alley access exists, vehicular access to parking spaces for the companion unit shall be from the alley unless the premises has a garage that accommodates at least three vehicles.

 

(7)        Access to the off-street parking from an unimproved alley is not permitted.

 

(r)        Occupancy of a premises containing a companion unit is subject to the following:

 

(1)        Companion units may be rented or leased separately from the primary dwelling unit on the premises but may not be sold separately.

 

(2)        Either the companion unit or the primary dwelling unit must be occupied by the property owner at all times.

 

(3)        The companion unit may be occupied by a maximum of two persons at least one of whom shall be related to the owner, or a senior citizen, or a person with a disability.

 

(4)        Before a Building Permit is issued for a companion unit, the property owner shall submit a signed agreement with the City that specifies that the property owner shall at all times occupy either the primary dwelling unit or the companion unit.  The agreement shall include a stipulation that neither the primary unit nor companion unit shall be sold or conveyed separately.  The City will provide the agreement to the County Recorder for recordation.

                                    (16)      For detached companion units, the maximum structure height is 15 feet without a chimney or flue, or 17 feet with a chimney or flue.

                                   

                                    (17)      Companion unit entrances shall not be located on the building street wall or within the front fifty percent of the structure.