ADU Zoning Ordinance Amendment
Draft Options for ADU Ordinance Amendment
Project Contact: PDS.LongRangePlanning@sdcounty.ca.gov | (858) 505-6677
Please subscribe to the mailing list to be informed of all future outreach events and to receive updates related to this project.
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 went into effect on April 4, 2026. The adopted Amendment to the ADU section of the County’s Zoning Ordinance can be found under Section 6156.x. County staff have developed an ADU Condo Guidance & Checklist to help interested parties determine whether their project meets the eligibility requirements to sell an ADU separately from a primary dwelling through the creation of condominiums. This guidance is supplemental to an application for a Tentative Parcel Map or Tentative Map and does not bypass those application processes.
During the March 4, 2026, hearing, the Board also considered whether additional local criteria could better support first-time homebuyers and homeownership opportunities and directed staff to return with options to further amend the Zoning Ordinance.
In response to this Board direction, staff developed new options intended to encourage owner occupancy and support homeownership opportunities related to the separate sale of ADUs. These draft options are being released for review and feedback prior to future Planning Commission and Board hearings, where the options will be considered. The options may continue to be refined based on public input and additional stakeholder engagement.
Public Input
The Draft Options for an ADU Zoning Ordinance Amendment will be available for review from May 1, 2026, through May 31, 2026.
Staff will continue to collect community feedback all the way up to the Board of Supervisors Hearing, in late Summer of 2026.
Please note that the Draft Options are highlighted in blue text at the end of the ADU Ordinance. A Public Input Guide was developed to help you understand how you can provide your comments 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 review.
To stay informed of future Public Hearings related to this project, please subscribe for updates.
Upcoming Webinar
We want to hear from you!
The County of San Diego Planning & Development Services (PDS) invites you to participate in an upcoming virtual webinar to share your input on options to encourage owner occupancy and support homeownership opportunities through the separate sale of ADUs.
If you are interested in attending, please register in advance using the link below.
- When: May 6, 2026 at 6:00 pm
- Where: Registration Link
- Meeting ID: 819 0341 8059
Your feedback is an important part of this process and will help inform recommendations brought forward to the Planning Commission and the Board of Supervisors for consideration.
Past Project Overview
ADU Ordinance Amendment including Seperate Sale of ADUs
Adopted March 4, 2026
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. 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 was used to develop and refine local eligibility criteria that was 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.
Past 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
Stay Connected
The County is committed to receiving community and stakeholder comments. As these projects progress, outreach presentations and other related materials will be posted for the community and stakeholders to review and provide comments on. Please click the link below to update your subscription lists to ensure you receive continued updates on projects and opportunities to get involved.
If you have any questions related to any information provided on this webpage, 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.
Popular Services
