Housing Laws in Action

Overview

Over the last decade, the State of California Legislature has responded to the housing crisis by passing legislation to make it easier to build more housing. The County of San Diego has compiled information on recent housing legislation applicable to the unincorporated area. 

This page provides resources, maps, and checklists to understand how new state housing laws apply in San Diego County. Each of these laws were passed to provide clear guidelines and improve the process for developing housing. The State Legislature continues to pass new bills each year and this page will be updated periodically to reflect new laws as they are enacted.

The County of San Diego complies with all state housing and land use bills as soon as they take effect.

Upcoming Webinar

The County of San Diego’s Department of Planning & Development Services would like to invite you to a virtual webinar on Wednesday, July 29 at 6:00 PM about how to use California state legislation for housing development in the unincorporated County. 

This webinar will include basic information, tips and tricks, and resources for applying commonly used state legislation for housing including Accessory Dwelling Units (ADUs), Single Family Lot Splits/Duplexes (Senate Bill 9), and Density Bonus.

Please attend the webinar using the link provided: 

When: Wednesday, July 29 at 6:00 PM

Where: https://sdcounty-ca-gov.zoom.us/j/85980877698?pwd=tafOVdmm5ePsPxskkxD9jVmSsaU1aJ.1 

Meeting ID: 859 8087 7698 

Passcode: 356622 

If you have any questions about ADUs, SB 9, or Density Bonus that you would like to see answered in this webinar, please feel free to contact Sara Thornburgh at PDS.LongRangePlanning@sdcounty.ca.gov. Unfortunately, we are not able to answer any questions related to specific projects during this webinar, but are happy to answer general questions about state law and the resources available. There will also be a Q&A session at the end of the webinar. 

Housing and Land Use Laws

Single Family Development

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  • Single Family Lot Splits (SB 9)

    SB 9 (2021) allows development of up to 4 housing units on lots in certain single-family residential zones by allowing residential lots to split and build two units, one main housing unit and one Accessory Dwelling Unit (ADU).

    See if your property qualifies for SB 9 on the Interactive SB 9 Map

    Learn more about qualifying for SB 9 on the SB 9 Application User Guide

    For more details on SB 9, visit the SB 9 Homepage

  • Accessory Dwelling Units (ADUs)

    An accessory dwelling unit (ADU) is a structure someone can live in without relying on another structure for basic needs like bathrooms and kitchens. It can be detached (not connected to the main house) or attached (connected to the main house). An ADU must be on the same lot as the main house.

    Learn more about ADUs on the ADU Information page.

Starter Homes and Small Lots

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Faster Mutlifamily Permitting

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Housing in Commercial Zones

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  • Housing in Commercial Zones (SB 6)

    SB 6 (2022), or the Middle Class Housing Act of 2022, allows housing in zones where retail, office, or parking are permitted uses. SB 6 creates both a ministerial and discretionary approval process for housing projects in these zones and allows densities up to 30 dwelling units per acre. The ministerial process requires some affordable housing and skilled labor requirements.

    See properties that may qualify on the Interactive SB 6 Map

    Learn more about qualifying for SB 6 on the SB 6 Application Guide

    For more details on SB 6, visit the AB 2011 and SB 6 Homepage

  • Housing along Large Commercial Streets (AB 2011)

    AB 2011 (2022), or The Affordable Housing and High Road Jobs Act of 2022, allows 100% affordable housing developments in commercial zones and mixed income housing projects along large commercial streets. Allowed densities vary, but start at 30 dwelling units per acre and go higher for projects on large lots along commercial corridors. All mixed-use housing projects approved using AB 2011 are under the ministerial process and required to include affordable housing and pay prevailing wages.

    See properties that may qualify on the Interactive AB 2011 Map

    Learn more about qualifying for AB 2011 on the AB 2011 Application Guide for Affordable Housing and the AB 2011 Appplication Guide for Mixed-Income Housing

  • Converting Commercial Buildings into Housing (AB 507)

    AB 507, effective July 1, 2026, is a State law that allows commercial buildings outside of industrial areas to be converted into housing. This is often referred to as “adaptive reuse.”

    Please use the AB 507 Application Guide to verify that a parcel and building to be converted meet the requirements of AB 507. 

Density Bonus and Objective Design Standards

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  • Density Bonus Program

    The California State Density Bonus Law encourages the development of affordable housing by providing developers with incentives and concessions related to zoning development standards. The San Diego County Density Bonus Ordinance further promotes this program by offering additional incentives.

    Learn more about State Density Bonus Law: State Density Bonus Law

    Learn more about the County’s Density Bonus Program: Density Bonus FAQs 

  • Objective Design Standards

    Objective design standards (ODS) strengthen local control over the design and appearance of future housing developments in applicable areas of the unincorporated county. By making design standards more predictable and easier to understand, the County will also streamline the permitting process for eligible projects to comply with new State laws.

    Objective Design Standards were mandated by state law and are applicable for projects using SB 35, SB 330, AB 2011, SB 6, and other projects. According to state law, Objective Design Standards:

    • Involve no personal or subjective judgment
    • Are uniformly verifiable by an established and known benchmark

    The objective checklists below have been created to provide measurable, verifiable, and clear objective design standards. The standards are based on Community Plan policies and Design Guidelines, as well as relevant policies from the General Plan and other adopted documents:

 

Contact

If you have any questions, please email us at  PDSZoningPermitCounter@sdcounty.ca.gov.