ADU Zoning Ordinance Amendment
Draft ADU Ordinance Amendment including Separate Sale of ADUs
Project Contact: PDS.LongRangePlanning@sdcounty.ca.gov | (858) 505-6677
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Overview
The Accessory Dwelling Unit Zoning Ordinance Amendment project includes two components, both of which will be included in the overall ordinance package for consideration by the Board of Supervisors in early 2026:
- The first component involves amending the County’s Zoning Ordinance to reorganize and clarify the ADU and Junior ADU (JADU) section - for alignment with State law, and improved public guidance.
- The second component is the development of a local
program under Assembly Bill 1033 (AB 1033), which would allow for
the separate sale of ADUs in certain cases, - creating new
homeownership opportunities.
- The Board of Supervisors directed staff to examine the feasibility of this program in March of 2024. Then in October of 2024, the Board directed staff to move forward with the development of local program and emphasized the importance of community input in shaping local criteria.
- This portion of the project is focused on crafting County-specific implementation criteria and exploring criteria such as a First Right of Refusal requirement. Public input will be used to refine any local criteria that will be provided to the Board for consideration.
Alignment with New State Laws
In recent years, the State of California has significantly expanded legislation related to ADUs, providing greater flexibility for property owners to build ADUs on more types of residential lots.
ADUs offer a more affordable housing option, support multi-generational living, and can be integrated into existing neighborhoods and infrastructure. As a result, ADU construction has grown substantially in both incorporated and unincorporated areas—including throughout San Diego County.
The County implements new state housing laws as they are adopted. To support implementation, the County has developed and distributed fact sheets, guidance materials, and permit resources to help applicants navigate regulations.
As part of the current update, County staff will incorporate additional legislation passed in 2023 and 2024. In addition, staff is working to reformat and reorganize the ADU section of the Zoning Ordinance to improve clarity and make the regulations more user-friendly for applicants.
Specific legislative updates include:
AB 976 - (2023) Owner Occupancy Not Required
Makes permanent the prohibition on owner occupancy requirements for ADUs. However, owner-occupancy is still required to construct a JADU. The county does not require owner occupancy for ADUs. The legislation does not prompt any changes to the County's ADU program.
AB 1332 - (2023) – Preapproved ADU Plans
Requires local agencies to develop a program to preapprove accessory dwelling unit plans by January 1, 2025. The local agency must accept accessory dwelling unit plan submissions for preapproval without restricting who may submit plans for preapproval. The County has offered pre-approved plan for ADUs since 2019. The legislation does not prompt any changes to the County's ADU program.
SB 2533 - (2024) – Amnesty for Unpermitted ADUs
Extends ADU amnesty law to include unpermitted JADUs. In addition, it expands amnesty to ADUs and JADUs built before 2020. The bill also prohibits local jurisdictions from denying permits due to violations unless necessary to address health and safety concerns and limits impact fees. The County is currently developing informational material to help property owners obtain building permits for previously unpermitted ADU construction or conversions. This legislative update has been incorporated into the Draft ADU Ordinance Amendment.
SB 1211 - (2024) Increased ADUs for Multifamily Lots
Increases the allowable ADUs on a lot with an existing multifamily dwelling from no more than two detached ADUs to no more than eight detached ADUs. A proposed multifamily dwelling may not have more than two detached ADUs. This legislative update has been incorporated into the Draft ADU Ordinance Amendment.
SB 1077 - (2024) Coastal Commission Guidance
Requires the Coastal Commission to coordinate with the Department of Housing and Community Development (HCD) to develop and provide guidance that clarifies and simplifies the permitting process for ADUs and JADUs within the coastal zone. Before it’s finalized, the State must hold at least one public workshop and release a draft for public comment.
AB 3057 - (2024) CEQA Exemption
This bill expands a California Environmental Quality Act (CEQA) exemption for City or County adoption of an ordinance facilitating ADUs to also include adoption of an ordinance facilitating JADUs. The legislation does not prompt any changes to the County's ADU program. The County does not require CEQA review for JADUs.
Proposed Local Program for the Separate Sale of ADUs
Assembly Bill 1033, passed by the state legislature in 2023 allows cities and counties to develop a program to allow for the separate sale of ADUs. Currently, the separate sale of ADUs is not permitted in the County. Adoption of this legislation would create a clear legal pathway for such sales, and would support the County’s priority to expand homeownership opportunities at more attainable price points, increasing access to housing for individuals and families across a range of income levels. This pathway may also help reduce displacement and allow families the option to downsize by moving into the ADU and selling the primary home. Providing opportunities to downsize could also help Seniors to remain in their communities, and age in place, while accessing the market sale value of a portion of their own property.
The Board of Supervisors directed staff to examine the feasibility of this program in March of 2024. Then in October of 2024, the Board directed staff to move forward with the development of local program and emphasized the importance of community input in shaping local eligibility criteria.
In the spring and fall of 2025, staff gathered feedback on local priorities and recommendations that should be considered for allowing the separate sale of ADUs in the unincorporated County. Public input has been used to develop and refine local eligibility criteria that will be provided to the Board for consideration in the adoption of the ADU Zoning Ordinance Amendment.
Draft Ordinance
The Draft ADU Zoning Ordinance Amendment was available for public review from September 12, 2025, to October 13, 2025. Staff will continue to collect community feedback all the way up to the Board of Supervisors Hearing in early in 2026.
Please note that the Draft Ordinance includes programmatic options (language in blue) which may be directed by the Board of Supervisors. A Public Input Guide was developed to help the public understand how to provide feedback on these areas. Below please find the materials:
If you have any questions related to any information provided in this document, please reach out to Enrique Flores or Amber Jagers at PDS.LongRangePlanning@sdcounty.ca.gov, or by phone: (858) 505-6677. You may also request to schedule a meeting with county staff to further discuss the materials available for public review.
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Public Outreach
Upcoming Meetings
On December 5, 2025, the County of San Diego’s Planning Commission will consider recommendations regarding the ADU Zoning Ordinance Amendment including Separate Sale of ADUs.
On November 25, 2025, or earlier, the full Planning Commission report will be published on the Planning Commission website. Scroll to the bottom of the page under “12/05/2025 - Supporting Documents” for links to the hearing documents.
The Planning Commission will make recommendations to the County Board of Supervisors (Board), which is the final decision-making authority for this project. The Board hearing is tentatively scheduled for early 2026. An additional notification notice will be sent when the Board hearing date is confirmed.
Planning Commission Hearing Information:
- Date: December 5, 2025
- Time: 9:00 a.m.
- Location: County Operations Center Hearing Room, 5520 Overland Avenue, San Diego, CA 92123
- Public Participation: Those wishing to participate in the meeting and/or comment should visit the Planning Commission website. If you have any questions, please contact the Planning Commission Secretary at PDS.PlanningCommission@sdcounty.ca.gov.
Past Meetings
The County of San Diego Planning & Development Services (PDS) has held small group discussions with industry representatives and environmental organizations, presentations at community planning and sponsor group meetings, and a series of public webinars. The objectives of this outreach were to gather input on community priorities, identify challenges and opportunities related to ADU development, clarify where the County has discretion to adjust local standards, and inform the public about State-mandated ADU requirements.
Public webinars were structured to inform residents about recent changes to State ADU legislation, outline potential implications for the County’s Zoning Ordinance, and solicit input on draft program options for the separate sale of ADUs.
Background & Board Direction
On March 13th, 2024, the Board of Supervisors directed staff to evaluate the feasibility of implementing state law, AB 1033, which would permit the sale of Accessory Dwelling Units (ADUs) independent of primary residences.
On October 9, 2024, the Board of Supervisors directed staff to move forward with the development of local program under state law, AB 1033, and emphasized the importance of community input in shaping local criteria.
- October 9, 2024
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Please contact PDS.LongRangePlanning@sdcounty.ca.gov or call us at (858) 505-6677.
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