OVERVIEW
This action proposes updates to the Accessory Dwelling Unit (ADU) section of the Zoning
Ordinance (ADU Ordinance) with an amendment. The proposed ADU Ordinance Amendment
Including the Separate Sale of ADUs (Amendment), includes updates to align with new
mandatory State laws, and introduces an opt-in program to provide smaller, more attainable
homeownership opportunities.
The County of San Diego continues to make periodic and regular updates to the Zoning
Ordinance to streamline and advance housing efforts in the unincorporated area and maintain
alignment with new mandatory State laws. Advancing and improving the Zoning Ordinance has
been consistently identified as a priority by industry stakeholders and the community and is a
shared objective of the Board of Supervisors (Board).
In 2025, the Chief Administrative Officer established the Housing for All initiative to unify and
accelerate cross-department efforts to address the housing crisis through a near-term workplan
anchored in the Board’s adopted “5 Ps” Housing Solutions Framework-Protect, Preserve,
Produce, Promote, and Prevent-which identifies expanding homeownership opportunities,
including through innovative tools, as a key action.
Today’s Amendment works to advance these shared goals by updating the ADU Ordinance with
mandatory State requirements, clarifying public guidance, and providing a tool to create new
pathways to homeownership through the separate sale of ADUs.
The first component of the proposed Amendment incorporates updates for alignment with State
laws adopted in 2023 and 2024, and reorganizes the ADU Ordinance for clear public guidance
and improved transparency. The second component establishes a County program under
Assembly Bill (AB) 1033 to enable the separate sale of ADUs as condominiums in the
unincorporated area.
Effective January 2024, AB 1033 allows jurisdictions on an opt-in basis to adopt local
ordinances permitting the separate sale of ADUs as condominiums, and establishes requirements
for separate ownership. A local program for the separate sale of ADUs allows the County to
create opportunities to build generational wealth, give families flexibility to downsize, reduce
displacement, or expand multigenerational living scenarios. The program could also support
seniors who wish to age in place while accessing the value of their property.
On March 13, 2024 (10), the Board directed staff to evaluate the feasibility of allowing the
separate sale of ADUs in the unincorporated area. In response, staff began community and
stakeholder outreach to inform the development of a local ordinance. Based on that input, the
Board took formal action on October 9, 2024 (5), directing staff to move forward with the
development of a local program that goes beyond the baseline provisions established under AB
1033. Specifically, the Board directed staff to incorporate local eligibility criteria into the
program, such as a right of first refusal for owner-occupants, and to further explore additional
standards that may be appropriate for implementation in the unincorporated area.
Staff have prepared five options for the Board’s consideration regarding implementation of AB
1033. The Board may elect to adopt the State framework as-is, adopt one or more local