San Diego Municipal Code § 141.0302 Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs)
§141.0302 Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs)
Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs), are permitted as a limited use decided in accordance with Process One, indicated with an “L” in the Use Regulations Tables in Chapter 13, Article 1 (Base Zones), subject to the following regulations.
(a) Regulations for ADUs and JADUs.
(1) Guest Quarters. Guest quarters and non-habitable accessory structures shall be permitted in addition to ADUs and JADUs, if permitted by the base zone.
(2) Development Impact Fees. Development Impact Fees for ADUs and JADUs shall be paid in accordance with Section 142.0640(b).
(3) Multi-Dwelling Unit and Urban Lot Split Regulations. An ADU or JADU shall not be permitted to be constructed on any premises that has utilized the provisions of Chapter 14, Article 3, Division 13, Multi-Dwelling Unit and Urban Lot Split Regulations for Single Family Zones, except as provided in Section 143.1305(c)(1).
(4) Previously Conforming. Construction of an ADU or JADU shall not require correction of previously conforming conditions on the premises.
(5) Conversion. An ADU or JADU that is converted from an existing dwelling unit or accessory structure, or is constructed in the same location and within the same building envelope as an existing dwelling unit or accessory structure, may continue to observe the same setbacks as the existing dwelling unit or accessory structure and they shall not be subject to the setback requirements in Section 141.0302(b)(9).
(6) Fire Sprinklers.
(A) An ADU or JADU shall not be required to provide automatic fire sprinklers if they are not required for the primary dwelling unit.
(B) An ADU or JADU shall be required to provide an automatic fire sprinkler system when located on a premises where the primary dwelling unit is protected with an automatic fire sprinkler system in accordance with the California Building Standards Code.
(C) The construction of a detached ADU shall not trigger a requirement for automatic fire sprinklers to be installed in the existing primary dwelling unit or multiple dwelling unit unless required in accordance with the California Building Standards Code.
(7) Within the Coastal Overlay Zone.
(A) An existing structure may only be converted or reconstructed as an ADU or JADU if the structure conforms to all the following regulations:
(i) The wetland regulations in Section 143.0141(b);
(ii) The sensitive coastal bluffs regulations in Section 143.0143;
(iii) The coastal beaches regulations in Section 143.0144; and
(iv) The Supplemental Regulations of the Coastal Overlay Zone in Section 132.0403.
(B) ADUs or JADUs constructed within areas of future sea level rise shall comply with the regulations in Section 132.0404.
(C) ADUs or JADUs shall comply with all the following regulations:
(i) The wetland regulations in Section 143.0141(b);
(ii) The sensitive coastal bluffs regulations in Section 143.0143;
(iii) The coastal beaches regulations in Section 143.0144; and
(iv) The Supplemental Regulations of the Coastal Overlay Zone in Section 132.0403.
(8) An ADU shall not be used for a rental term of less than 31 consecutive days. JADUs are not subject to rental term limitations.
9) ADUs and JADUs allowed under state law shall be exempt from the Climate Action Plan Consistency regulations in accordance with Chapter 14, Article 3, Division 14.
(10) For the purpose of ADU and JADU regulations, multiple detached single dwelling units on an individual lot do not qualify as a multiple-dwelling unit structure.
(b) ADU Development Regulations.
(1) On a premises with an existing or proposed single dwelling unit, the following is permitted:
(A) One ADU that is within an existing or proposed single dwelling unit or within an existing accessory structure, subject to the following:
(i) Construction of the ADU may expand the gross floor area of an existing accessory structure up to 150 square feet to only allow for ingress and egress; and
(ii) The ADU shall have a separate exterior entry from the single dwelling unit.
(B) One attached or detached ADU.
(2) The maximum number of ADUs on a premises with a proposed multiple dwelling unit structure shall not exceed two detached ADUs.
(3) On a premises with an existing multiple dwelling unit structure, the following applies:
(A) The maximum number of ADUs that may be permitted within the existing non-livable space of an existing multiple dwelling unit structure shall not exceed 25 percent of the total number of multiple dwelling units in the structure. The minimum number of ADUs that may be permitted within the non-livable space of the existing structure is one. For example, non-livable space includes, but is not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages; and
(B) A maximum of eight detached ADUs may be permitted on the premises, provided that the number of detached ADUs shall not exceed the number of existing multiple dwelling units in the multiple dwelling unit structure.
(4) In accordance with Government Code section 66321(b)(3), one attached or detached ADU with a gross floor area of 800 square feet or less may be permitted in accordance with Sections 141.0302(a)(1)-(a)(3), provided that the development results in no more than one attached or detached ADU on the premises. The ADU shall not be subject to maximum lot coverage, maximum floor area ratio, a front yard setback, and minimum open space requirements of the underlying base zone.
(5) Lot Size. A minimum lot size is not required for the construction of an ADU.
(6) Density. ADUs are not subject to the density limitations of the base zone for the premises.
(7) Gross Floor Area.
(A) The gross floor area of an ADU shall not be less than 150 square feet.
(B) The gross floor area of an attached or detached ADU shall not exceed 1,200 square feet.
(C) An ADU constructed within an existing or proposed single dwelling unit structure shall not have a maximum gross floor area requirement.
(D) An ADU constructed within an existing accessory structure on a single dwelling unit lot shall not have a maximum gross floor area requirement and may construct an additional 150 square feet to only allow for ingress and egress.
(E) ADUs constructed within an existing multiple dwelling unit structure shall not have a maximum gross floor area requirement.
(F) The gross floor area of an ADU shall be included in the floor area ratio for the premises.
(8) Height.
(A) On lots that permit single dwelling unit development but not multiple dwelling unit development, detached ADU structures shall not exceed two stories.
(B) On lots that permit single dwelling unit development but not multiple dwelling unit development, ADUs attached to an existing accessory structure shall not exceed two stories.
(C) ADUs shall comply with the overall maximum structure height of the underlying base zone and overlay zone.
(9) Setbacks.
(A) The front yard setback of an ADU shall be consistent with the base zone.
(B) The minimum street side yard setback of an ADU shall be 4 feet or the minimum street side yard setback of the base zone, whichever is less.
(C) Interior side yard and rear yard setbacks for ADU structures with a structure height of 16 feet or less shall be provided as follows:
(i) For ADU structures located on a premises outside of a High or Very High Fire Hazard Severity Zone, there is no minimum interior side yard and rear yard setbacks, except that the Fire Code Official may require a greater setback to ensure compliance with the California Fire Code, California Code of Regulations (CCR), Title 14, Section 1276.01, and the International Fire Code (IFC), including section 504.1.
(ii) For ADU structures located on a premises within a High or Very High Fire Hazard Severity Zone, the minimum interior side yard and rear yard setbacks shall be 4 feet to provide defensible space between all structures on the premises and contiguous areas of native or naturalized vegetation, except that the Fire Code Official may require a greater setback to ensure compliance with the California Fire Code, California Code of Regulations (CCR), Title 14, Section 1276.01, and the International Fire Code (IFC), including section 504.1.
(D) Interior side yard and rear yard setbacks for ADU structures with a structure height that exceeds 16 feet shall be provided as follows:
(i) For ADU structures located on a premises outside of a High or Very High Fire Hazard Severity Zone, there is no minimum interior side yard and rear yard setbacks, except that the Fire Code Official may require a greater setback to ensure compliance with the California Fire Code. However, if the side or rear property line abuts another premises that is residentially zoned or developed with exclusively residential uses, the minimum interior side yard and rear yard setbacks shall be 4 feet or the minimum setback of the applicable base zone, whichever is less, except that the Fire Code Official may require a greater setback to ensure compliance with the California Fire Code, California Code of Regulations (CCR), Title 14, Section 1276.01, and the International Fire Code (IFC), including section 504.1.
(ii) For ADU structures located on a premises within a High or Very High Fire Hazard Severity Zone, the minimum interior side yard and rear yard setbacks shall be 4 feet to provide defensible space between all structures on the premises and any contiguous areas of native or naturalized vegetation or as otherwise required, except that the Fire Code Official may require a greater setback to ensure compliance with the California Fire Code, California Code of Regulations (CCR), Title 14, Section 1276.01, and the International Fire Code (IFC), including section 504.1.
(10) Parking.
(A) No on-street parking spaces or off-street parking spaces are required for ADUs, except as specified in Section 141.0302(b)(10)(B).
(B) When an ADU is proposed on a premises located both within the Beach Impact Area of the Parking Impact Overlay Zone and outside of a transit priority area, one off-street parking space located consistent with Section 141.0302(b)(10)(D) shall be required per ADU, unless any of the following apply:
(i) The ADU is 500 square feet or less;
(ii) The premises is located within a historical district that is a designated historical resource;
(iii) The ADU is attached to the proposed or existing primary dwelling unit or accessory structure;
(iv) The premises is located within a residential permit parking district; or
(v) There is a car share vehicle located within one block of the premises.
(C) When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU, or converted to an ADU, replacement of those off-street parking spaces is not required unless the premises is located within the Beach Impact Area of the Parking Impact Overlay Zone and outside of the transit priority area, in which case parking shall be replaced in a location consistent with Section 141.0302(b)(10)(D).
(D) When an uncovered parking space is demolished in conjunction with the construction of an ADU, or converted to an ADU, replacement of those off-street parking spaces is not required.
(E) If off-street parking spaces are required in accordance with Section 141.0302(b)(10)(B) or 141.0302(b)(10)(C), or if the applicant chooses to provide off-street parking spaces for ADUs located on the premises, the following applies:
(i) Off-street parking spaces may be located within the setback areas, and may include tandem spaces or mechanical lifts; and
(ii) Off-street parking spaces shall be located within hardscape areas and shall comply with the minimum standards and guidelines to provide safe and efficient means of vehicular access to the lot. Off-street parking spaces may not encroach into the public right-of-way.
(F) Notwithstanding Section 141.0302(a)(4), if the construction of an ADU causes an existing driveway curb cut to no longer comply with the minimum off-street parking spaces dimensions required in Table 142-05K of Section 142.0560, the driveway shall be closed to the satisfaction of the City Engineer.
(11) The record owner is not required to live on the same premises of an ADU.
(c) Development Regulations for JADUs.
(1) On a premises with an existing or proposed single dwelling unit, one JADU is permitted, subject to the following:
(A) The JADU shall be within an existing or proposed single dwelling unit or attached garage;
(B) Construction of the JADU may expand the floor area of the existing single dwelling unit up to 150 square feet to only allow for ingress and egress;
(C) The JADU shall have a separate exterior entry from the existing or proposed single dwelling unit;
(D) The JADU may not be sold or conveyed separately from the primary dwelling unit;
(E) The record owner of the primary dwelling unit shall reside in the single dwelling unit or JADU; and
(F) Before a Building Permit may be issued for a JADU, the record owner shall enter into an agreement with the City in a form that is approved by the City Attorney that includes the following provisions:
(i) The JADU may not be sold or conveyed separately from the primary dwelling unit;
(ii) The agreement may be enforced against future purchasers;
(iii) The record owner shall reside on the premises;
(iv) The agreement shall be recorded in the Office of the County Recorder of San Diego County; and
(v) The agreement shall run with the land for the life of the JADU.
(G) Government agencies, land trusts, and qualified housing organizations are exempt from Section 141.0302(c)(1)(E) and Section 141.0302(c)(1)(F).
(2) Lot Size. JADUs are not subject to a minimum lot size.
(3) Density. JADUs are not subject to the density limitations for the premises.
(4) Gross Floor Area.
(A) The gross floor area of a JADU shall not be included in the floor area ratio for the premises.
(B) A JADU shall not be less than 150 square feet and shall not exceed 500 square feet within an existing or proposed single dwelling unit.
(5) Exterior Entry. A JADU shall have a separate exterior entry from the primary dwelling unit.
(6) Kitchen. A JADU shall include the following:
(A) A cooking facility with appliances;
(B) A food preparation counter of a reasonable size in relation to the size of the JADU; and
(C) Storage cabinets that are of a reasonable size in relation to the size of the JADU.
(7) Parking.
(A) No on-street parking spaces or off-street parking spaces are required for a JADU.
(B) When an attached garage is converted to a JADU, replacement of those off-street parking spaces is not required unless the premises is located within the Beach Impact Area of the Parking Impact Overlay Zone and outside of a transit priority area, in which case parking shall be replaced in a location consistent with Section 141.0302(c)(7)(C).
(C) If off-street parking spaces are required in accordance with Section 141.0302(c)(7)(B) or if the applicant chooses to provide off-street parking spaces for JADUs located on the premises, the following applies:
(i) Off-street parking spaces may be located within the setback areas, and may include tandem spaces or mechanical lifts; and
(ii) Off-street parking spaces shall be located within hardscape areas and shall comply with the minimum standards and guidelines to provide safe and efficient means of vehicular access to the lot. Off-street parking spaces may not encroach into the public right-of-way.
(D) Notwithstanding Section 141.0302(a)(4), if the construction of a JADU causes an existing driveway curb cut to no longer comply with the minimum off-street parking space dimensions required in Table 142-05K of Section 142.0560, the driveway shall be closed to the satisfaction of the City Engineer.
(d) ADU Home Density Bonus. In addition to the ADUs and JADUs permitted under Sections 141.0302(b) and 141.0302(c), additional bonus ADUs and affordable ADUs shall be permitted subject to the following:
(1) Location Requirements.
(A) The portion of the premises proposed for development may not be within the following base zones: RS-1-1, RS-1-2, RS-1-3, RS-1-4, RS-1-8, RS-1-9, RS-1-10, or RS-1-11, unless the following apply:
(i) The premises is in an area identified as a High or Highest California Tax Credit Allocation Committee (CTCAC) Opportunity Area when the development application is deemed complete; and
(ii) The premises is identified as Residential in a land use plan.
(B) On a premises within the Sustainable Development Area, one additional bonus ADU shall be permitted for every additional affordable ADU.
(C) On a premises outside of the Sustainable Development Area, a maximum of one bonus ADU and one affordable ADU shall be permitted.
(D) When a premises is located in more than one base zone, only the portion of the premises that meets the requirements of Section 141.0302(d)(1)(A) shall be eligible for bonus ADUs and affordable ADUs as specified in Sections 141.0302(d)(1)(B) or 141.0302(d)(1)(C).
(2) Lot Requirements.
(A) Within High and Very High Fire Hazard Severity Zones, the applicant shall demonstrate that the lot fronts an improved public street with at least two evacuation routes to the satisfaction of the Fire Code Official; and
(B) Within High and Very High Fire Hazard Severity Zones, the lot shall not front a cul-de-sac or be located on a premises that only has one point of ingress or egress.
(3) Floor Area Ratio.
(A) Within a base zone that permits single dwelling unit developments but not multiple dwelling unit developments, the maximum floor area ratio shall be determined as follows:
(i) Where the lot contains environmentally sensitive lands, the maximum permitted floor area ratio shall be determined using only the area of the lot that does not contain environmentally sensitive lands;
(ii) In no case shall the maximum permitted floor area ratio be determined using more than 8,000 square feet for the lot area; and
(iii) For the RS-1-2, RS-1-3, RS-1-4, RS-1-5, RS-1-6, and RS-1-7 base zones, the applicable floor area ratio shall be determined in accordance with Table 131-04J using the adjusted lot area as described in Sections 141.0302(d)(3)(A)(i) and 141.0302(d)(3)(A)(ii).
(B) Within a base zone that permits multiple dwelling unit development, where the lot contains environmentally sensitive lands, the maximum permitted floor area ratio shall be determined by using the area of the lot that does not contain environmentally sensitive lands.
(4) Total Maximum number of permitted ADUs and JADUs on single dwelling unit lots. The total maximum number of ADUs and JADUs that may be permitted on a lot within a base zone that permits single dwelling unit development but not multiple dwelling unit development, shall be based on the lot area in accordance with Table 141-03A. If the lot contains environmentally sensitive lands, the lot area shall be determined using the area of the lot that does not contain environmentally sensitive lands.
Table 141-03A Maximum Number of Permitted ADUs and JADUs on Single Dwelling Unit Lots
Lot Area (square feet) | Maximum Number of ADUs and JADUs1
8,000 or less | 4
8,001 to 10,000 | 5
10,001 or greater | 6
1 The maximum number of ADUs and JADUs is inclusive of the total number of ADUs and JADUs that are permitted in accordance with Section 141.0302.
(5) Fire Sprinklers. All affordable ADUs and bonus ADUs in the development shall include an automatic fire sprinkler system in accordance with the California Building Standards Code.
(6) Minimum Required Off-Street Parking Spaces. One off-street parking space shall be required for each affordable ADU and bonus ADU located outside of a transit priority area.
(7) Landscape Requirements. Two trees shall be provided on the premises for every 5,000 square feet of lot area, with a minimum of one tree per premises. If planting of a new tree is required to comply with this Section, the tree shall be selected in accordance with the Landscape Standards of the Land Development Manual and the City’s Street Tree Selection Guide. If the premises is located in the OR Zone, the lot area used to determine the tree requirement shall be based on the allowable development area as described in Section 131.0250. If the premises contains environmentally sensitive lands, the lot area used to determine the tree requirement shall be based on the allowable development area as described in Chapter 14, Article 3, Division 1.
(8) ADU Home Density Bonus Agreement. The affordable ADUs shall be guaranteed through a written agreement and a deed of trust securing the agreement, entered into by the applicant and President and Chief Executive Officer of the San Diego Housing Commission, or their designee, prior to the issuance of a Building Permit for the first affordable ADU or bonus ADU, whichever occurs first, that meets the following requirements:
(A) A rental affordable ADU home density bonus agreement shall utilize the following qualifying criteria:
(i) Very Low Income ADU Home Density Bonus. One additional bonus ADU shall be permitted for every affordable ADU on the premises that is set aside as affordable to very low income households for a period of not less than 10 years at a rent that does not exceed 30 percent of 50 percent of the area median income as adjusted for household size;
(ii) Low Income ADU Home Density Bonus. One additional bonus ADU shall be permitted for every affordable ADU on the premises that is set aside as affordable to low income households for a period of not less than 10 years at a rent that does not exceed 30 percent of 60 percent of the area median income as adjusted for household size;
(iii) Moderate Income ADU Home Density Bonus. One additional bonus ADU shall be permitted for every affordable ADU on the premises that is set aside as affordable to moderate income households for a period of not less than 15 years at a rent that does not exceed 30 percent of 110 percent of the area median income as adjusted for household size; and
(iv) The very low income, low income, and moderate income affordable ADUs shall be comparable in bedroom mix and amenities to the bonus ADUs in the development.
(B) Violations. If the terms of the rental affordable ADU home density bonus agreement are violated by the applicant, the applicant shall be liable for a minimum penalty of $10,000 per ADU per month, in addition to any fines outlined in the rental affordable ADU home density bonus agreement with the San Diego Housing Commission.
(9) ADU Home Density Bonus Program Community Enhancement Fee. The applicant shall pay an ADU Home Density Bonus Program Community Enhancement Fee as established by San Diego Resolution, calculated based on the gross floor area of the affordable ADUs and bonus ADUs, except that the gross floor area of any affordable ADUs that meet all the following shall not be included in the calculation:
(A) The affordable ADU is deed restricted to very low income or low income households in accordance with Section 141.0302(d)(8)(A)(i) or 141.0302(d)(8)(A)(ii); and
(B) The premises is located in an area identified as a High or Very High Resource California Tax Credit Allocation Committee (CTCAC) Opportunity Area when the development application is deemed complete.
(10) All affordable ADUs and bonus ADUs in the development shall comply with the Climate Action Plan Consistency regulations in accordance with Chapter 14, Article 3, Division 14 regulations.
(e) ADU Bonus for Accessible ADUs. For development utilizing the ADU Home Density Bonus Program in accordance with Section 141.0302(d), a maximum of one additional accessible ADU shall be permitted if the development includes:
(1) At least two ADUs that are affordable to very low income, low income, or moderate income households; and
(2) The accessible ADU meets the following:
(A) Accessibility requirements in Chapter 11A of the California Building Code, including at least one accessible bathroom, one accessible kitchen, and one accessible bedroom;
(B) The accessible ADU shall be located on an accessible route, as defined by the California Building Code; and
(C) The accessible ADU shall be comparable in bedroom mix and amenities to the bonus ADUs in the development.
(f) Sale or Conveyance of ADUs. New or existing ADUs may be converted into condominiums and shall be sold or otherwise conveyed separately from the primary residence in accordance with this Section or pursuant to Section 141.0302(g) and subject to all the following:
(1) All structures and buildings included as part of a condominium development shall conform to the requirements applicable to the base zone or planned district in which the development is located. Designation of individual condominium units shall not be deemed to reduce or eliminate any of the base zone or planned district requirements applicable to the buildings or structures. Unless otherwise allowed for ADUs pursuant to Section 141.0302(b);
(A) The condominium subdivision shall be created pursuant to the Davis-Stirling Common Interest Development Act (Part 5 (commencing with section 4000) of Division 4 of the California Civil Code);
(B) The condominium subdivision shall be created in conformance with the Subdivision Map Act (Division 2 (commencing with California Government Code section 66410));
(C) Neither a subdivision map nor a condominium plan shall be recorded without each lienholder’s written consent. The following shall apply to the consent of a lienholder:
(i) A lienholder may refuse to give written consent; or
(ii) A lienholder may consent provided that any terms and conditions required by the lienholder are satisfied;
(D) Prior to recordation of the initial or any subsequent modifications to the condominium plan, written evidence of the lienholder’s consent shall be provided to the Office of the County Recorder of San Diego County along with a signed statement from each lienholder that states the following: “(Name of lienholder) hereby consents to the recording of this condominium plan in their sole and absolute discretion and the borrower has or will satisfy any additional terms and conditions the lienholder may have.”;
(E) The lienholder’s written consent shall be included on the condominium plan, or attached to the condominium plan that includes the following information:
(i) The lienholder’s signature;
(ii) The name of the record owner or ground lessee;
(iii) The legal description of the real property;
(iv) The identities of all parties with an interest in the real property as reflected in the real property records; and
(v) The lienholder’s written consent shall be recorded in the Office of the County Recorder of San Diego County.
(2) The condominium development shall be subject to the Subdivision requirements in Chapter 12, Article 5.
(3) The condominium development shall be subject to the Condominium Conversion Regulations in Chapter 14, Article 4, Division 5 if any of the ADUs in the development were occupied.
(4) If an ADU is established as a condominium, the applicant shall notify providers of utilities, including water, sewer, gas, and electricity, of the condominium creation and separate conveyance.
(5) The condominium development shall be located on a single parcel or lot that was previously mapped and monumented in a manner satisfactory to the City Engineer in accordance with Subdivision Map Act Section 66428(b).
(6) For a minimum period of 30 days from the date an ADU that is established as a condominium is first listed for sale, the record owner shall offer the ADU through at least two publicly accessible real estate websites or databases with a disclosure stating that the ADU is being offered for at least 30 days to buyers intending to use the ADU as their primary residence.
(7) ADUs that have received financing or other forms of assistance from the San Diego Housing Commission shall not be converted into condominiums and shall not be sold or otherwise conveyed separately from the primary residence during the term specified in the deed restriction agreement.
(8) Rental ADUs that are rent restricted by law or covenant to persons and families of very low income, low income, or moderate income shall not be converted into condominiums and shall not be sold or otherwise conveyed separately from the primary residence for the duration of the deed restriction or affordability covenant term.
(g) Sale or Conveyance of an ADU by a nonprofit corporation.
(1) An ADU may be sold or conveyed separately from the primary dwelling unit by a qualified nonprofit corporation.
(2) For the purpose of Section 141.0302(g), a qualified nonprofit corporation means a nonprofit corporation organized pursuant to Section 501(c)(3) of the Internal Revenue Code that has received a welfare exemption under the California Revenue and Taxation Code section 214.15 for properties intended to be sold to low-income families who participate in a special no-interest loan program.
(3) For an ADU to be sold or conveyed separately from the primary dwelling unit by a qualified nonprofit corporation, the following shall apply:
(A) There is an enforceable restriction on the use of the premises on which the ADU is located pursuant to a recorded agreement between the qualified buyer and the qualified nonprofit corporation. For the purposes of Section 141.0302(g)(3)(A), a qualified buyer means very low income, low income, median income, or moderate income households, as specified below:
(i) Very low income ADUs shall be affordable to very low-income households at an affordable housing cost that does not exceed 30 percent of 50 percent of the area median income, as adjusted for household size, appropriate for the ADU;
(ii) Low income ADUs shall be affordable to low income households at an affordable housing cost that does not exceed 30 percent of 70 percent of the area median income, as adjusted for household size, appropriate for the ADU;
(iii) Moderate income ADUs shall be affordable to moderate income households at a housing cost that does not exceed 35 of 110 percent of the area median income, as adjusted for household size, appropriate for the ADU.
(B) The lot where the ADU is located is held pursuant to a recorded tenancy in common agreement that includes:
(i) An allocation to each qualified buyer of an undivided, unequal interest in the lot based on the size of the ADU each qualified buyer occupies;
(ii) A repurchase option that requires the qualified buyer to first offer the qualified nonprofit corporation to buy the property if the buyer desires to sell or convey the property;
(iii) A requirement that the qualified buyer occupy the property as the qualified buyer’s principal residence; and
(iv) Affordability restrictions on the sale and conveyance of the property that ensure the property will be preserved for very low income, low income, median income, or moderate income households for 45 years for owner-occupied housing and will be sold or resold to a qualified buyer.
(C) A grant deed naming the grantor, grantee, and describing the property interests being transferred shall be recorded in the Office of the Recorder in San Diego County.
(D) A Preliminary Change of Ownership Report shall be filed concurrently with the grant deed pursuant to the California Revenue and Taxation Code section 480.3.
(E) If requested by a utility providing service to the primary residence, the ADU has a separate water, sewer, or electrical connection to that utility.
(“Accessory Dwelling Units and Junior Accessory Dwelling Units” added 10-30-2020 by O-21254 N.S.; effective 11-29-2020. Former Section 141.0302 “Companion Units, Junior Units, and Movable Tiny Houses” repealed.) (Amended 3-11-2022 by O-21439 N.S.; effective 4-10-2022.) (Amended 6-3-2022 by O-21461 N.S.; effective 8-26-2022.) (Amended 7-21-2022 by O-21477 N.S.; effective 9-7-2022.) (Note: Please see City Attorney memo attached to Ordinance O-21477 regarding Section 141.0302.)
(Amended 3-7-2023 by O-21618 N.S.; effective 5-6-2023.) (Retitled from “Accessory Dwelling Units and Junior Accessory Dwelling Units” to “Accessory Dwelling Units and Junior Accessory Dwelling Units” and amended 1-16-2024 by O-21758 N.S.; effective 3-16-2024.) (Amended 8-5-2024 by O-21843 N.S.; effective 9-12-2024.) (Amended 7-22-2024 by O-21836 N.S.; effective 10-5-2024.) (Retitled from “Accessory Dwelling Units and Junior Accessory Dwelling Units” to “Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs)” and amended 7-23-2025 by O-21989 N.S.; effective 8-22-2025.) [Editors Note: Amendments as adopted by O-21989 N.S. will not apply within the Coastal Overlay Zone until the California Coastal Commission certifies it as a Local Coastal Program Amendment. Click the link to view the Strikeout Ordinance highlighting changes to prior language http://docs.sandiego.gov/municode_strikeout_ord/O-21989-SO.pdf ]
(Amended 6-15-2026 by O-22109 N.S.; effective 7-15-2026.)
[Editors Note: Amendments as adopted by O-22109 N.S. will not apply within the Coastal Overlay Zone until the California Coastal Commission certifies it as a Local Coastal Program Amendment. Click the link to view the Strikeout Ordinance highlighting changes to prior language http://docs.sandiego.gov/municode_strikeout_ord/O-22109-SO.pdf ]