As the housing crisis continues to worsen amidst the backdrop of a global pandemic, the City of San Diego is going all-in on accessory dwelling units— also known as granny flats—as a critical component of its housing production program.  The City recently approved one of California’s most progressive ordinances to incentivize and provide more regulatory flexibility for Accessory Dwelling Units (“ADUs”) and Junior Dwelling Units (“JADUs”). The updates were made in part to ensure consistency with state law, but in many instances, provide for more generous opportunities to homeowners and developers to add additional dwelling units on their parcels.

Below are the highlights of the most significant amendments to the City’s code followed by a comparison of State and City provisions.

ADUs on Premises with Multiple Dwelling Units:

• Allows total ADUs permitted within habitable area of existing multi-dwelling unit structure to be up to 25% of total number of existing dwelling units
• Allows unlimited number of ADUs within existing portions of multiple dwelling units that are not used as livable space (i.e. storage rooms, garages, attics, etc.) provided compliance with building standards for dwelling units
• Allows 2 detached ADUs per premises

ADU Bonus for Affordable ADUs:

• A density bonus of 1 ADU for every deed restricted affordable ADU provided
• 15-year term, guaranteed through a written agreement, and a deed of trust securing the agreement, entered into by the applicant and the San Diego Housing Commission
• Made affordable to very low income, low income, or moderate-income households (30% of 50% AMI, 30% of 60 AMI and 30% of 100% AMI for rental units)
• Units to be constructed onsite
• No limit on bonus ADUs in Transit Priority Areas
• One (1) bonus ADU permitted outside of Transit Priority Areas

Setbacks:

• New ADUs must meet front and street side setbacks of the zone, but may encroach to the lot line of the interior and rear lot line

Parking:

• No parking required for ADUs or JADUs
• Where a garage, carport or covered parking structure is demolished in conjunction with the construction of an ADU or JADU or converted into an ADU or JADU, replacement of parking is not required

You can find a comprehensive comparison of California ADU vs San Diego ADU regulations in this accompanying PDF.

Contact Procopio’s Partner and Land Use Practice Group Leader Justine Nielsen for more information or to evaluate a future project for compliance with the ordinance.

* NOTE: Prior to becoming effective, this Ordinance shall be submitted to the San Diego County Regional Airport Authority (SDCRAA) for a consistency determination goes into effect 30 day after finding of consistency or from final passage, whichever Is later. The provisions of this Ordinance inside the Coastal Overlay Zone, which are subject to California Coastal Commission jurisdiction as a City of San Diego Local Coastal Program amendment, shall not take effect until the date the California Coastal Commission unconditionally certifies those provisions as a local coastal program amendment. Coastal Commission provides guidance on ADUs in this memo.