San Diego Municipal Code § 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.

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(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.

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(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.

(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.

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(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.

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(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:

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(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;

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(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.

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(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).

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(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:

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(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.

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(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-1-1, RS-1-2, RS-1-3, RS-1-4, RS-1-5,
RS-1-6, 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
developments 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.

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(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

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.

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(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.

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(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.

(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.

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(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:

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(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.

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(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;

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(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.)

Ch. Art. Div. 14 1 3 18

San Diego Municipal Code Chapter 14: General Regulations (3-2026)

(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.)

[Editors Note: Amendments as adopted by O-21836 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-21836-SO.pdf ]

(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 ]

Ch. Art. Div.
14 1 3 19

San Diego Municipal Code Chapter 14: General Regulations (3-2026)