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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Project Update
On March 4, 2026, the County Board of Supervisors voted unanimously to adopt an amendment to update the ADU Ordinance and implement Assembly Bill (AB) 1033, which allows for the separate sale of Accessory Dwelling Units (ADUs) in unincorporated communities through a condominium conversion process.
The County’s implementation of AB 1033 will go into effect on April 4, 2026. County staff are currently developing guidance materials and an application checklist to assist property owners and applicants in navigating the application process.
During the hearing, the Board also directed staff to return within 120 days with potential policy options, specific to the separate sale of ADUs, that could support opportunities for first-time homebuyers and provide existing tenants in ADUs the first opportunity to purchase the unit.
In response to this Board direction, staff will develop new options for the Board’s consideration. Prior to returning to the Board, these options will be released for public disclosure, and staff will host a public webinar later this spring to provide an overview and receive feedback. Options may be further refined based on public engagement.
Additional information about the webinar and opportunities to provide input will be shared with the public in the coming months.
Overview
The Accessory Dwelling Unit Zoning Ordinance Amendment project included two components, both of which were be included in the overall ordinance package for consideration by the Board of Supervisors on March 4, 2026:
- The first component involved 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 was 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 previously 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 was focused on crafting County-specific implementation criteria and exploring criteria such as a First Right of Refusal requirement. Public input was used to refine any local criteria that was 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 incorporated additional legislation passed in 2023 and 2024. In addition, staff reformatted and reorganized 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 continued to collect community feedback all the way up to the Board of Supervisors Hearing on March 4, 2026.
Please note that the Draft Ordinance included programmatic options (language in blue) which the Board of Supervisors considered. A Public Input Guide was developed to help the public understand how to provide feedback on these areas. Those draft materials can be found here:
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.
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Public Outreach
Past Hearings
On December 5, 2025, the County of San Diego’s Planning Commission considered recommendations regarding the ADU Zoning Ordinance Amendment including Separate Sale of ADUs.
The Planning Commission made a recommendation to the County Board of Supervisors (Board), which is the final decision-making authority for this project.
On March 4, 2026, the County Board of Supervisors voted unanimously to adopt the ADU Ordinance Amendment Including the Separate Sale of ADUs (Amendment). The Amendment included updates to align with new mandatory State laws, and includes a new program, under Assembly Bill (AB) 1033, which allows for the separate sale of ADUs in unincorporated communities through a condominium conversion process.
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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