Planning Department's Proposed Changes to the Bonus ADU Program
NFABSD Responses to the April 24, 2025, Staff Report ​
In advance of the May 1 Planning Commission hearing (Agenda), the Planning Department has published a Staff Report detailing their proposed changes the Bonus ADU regulations.
It can't be overstated that the Planning Department is violating its promise to the Council and to the public on March 4 that there would be public workshops prior to submitting changes to the Planning Commission.
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NFABSD has studied the 24 recommendations in the Staff Report and offers the following responses (14-24 are changes to Bonus program except 23):​​​
Item | Ttile (from Staff Report) | NFABSD Response | Comments |
|---|---|---|---|
1 | ADU Home Minimum and Maximum Size | State law | |
2 | ADU and JADU Zoning | State law | |
3 | Fire Sprinkler Requirements | State law | Fire code might require sprinklers even if primary dwelling doesn't have them. |
4 | Converted ADU and JADU Homes within the Coastal Overlay Zone | State law | |
5 | JADU Home Rental Terms | State law | HCD's comments are unclear. Regardless, San Diego should require long term rental on remaining units. |
6 | Number of Permitted ADU and JADU Homes with an Existing or Proposed Single Dwelling Unit | State law | Codification of HCD interpretation of state law. |
7 | Tree Requirements | State law | Disagree with HCD interpretation as disallowing trees. Requirement is imposed based on opt-in to Bonus program and not imposed on state allowed ADUs. |
8 | Number of Permitted ADU Homes with an Existing or Proposed Multiple Dwelling Unit Structure | State law | Drafting of code language warrants further examination. |
9 | Floor Area Ratio Maximums | State law | Conversion of existing structures isn't limited by FAR. New structures, including Bonus ADUs are limited by FAR provided that a minimum 800 square foot ADU is allowed. |
10 | Side Yard Setbacks for ADU Structures | State law | Unfortunately, state is obsessed with putting ADUs on every lot instead of retaining a more affordable market for smaller developments. |
11 | Fire Safety Setbacks | Support | San Diego must be more mindful of fire risk than the scattershot approach in the 2025 Cal Fire map, which especially ignores risks in low opportunity neighborhoods south of I-8. |
12 | Replacement Parking | State law | This might be all for nought if AB 1154 passes and there is no parking for units under 500 square feet. |
13 | JADU Home Owner Occupancy Requirement Exemption | State law | Provides a benefit to investors that was previously only available to homeowners. |
14 | ADU Home Density Bonus - Applicability | Support with amendment | Acreage doesn't equate to actual projects. As noted in Staff Report, only 2 Bonus ADU projects (6 ADUs) built in the affected zones. Doesn't limit bulk of large projects in RS-1-7 zones. |
15 | ADU Home Density Bonus - Evacuation Routes | Support | As with Item 11, need to be mindful of changes in the Fire Map. |
16 | ADU Home Density Bonus - Development Scale | Support with amendment | Strongly support capping FAR calculation at 10,000 square feet. Further recommendation to use existing definition of Allowed Developable Area in Chapter 14, Article 3, Division 1. |
17 | ADU Home Density Bonus - Required Automatic Fire Sprinkler System | Support | |
18 | ADU Home Density Bonus - Parking | Support with amendment | Needs to use state code, which is one-half mile walking distance requirement, and clarify that it's for each affordable and each bonus. |
19 | ADU Home Density Bonus - Deed Restriction Agreement for Affordable ADU Homes | Support with clarification | How is the scenario avoided where the owner occupies the unit ("rent free")? Is this covered in the Compliance proposal(Item 21)? |
20 | ADU Home Density Bonus - Affordable ADU Home and Accessible ADU Home Requirements | Support | Enforces the equity requirements of the affordable and accessible ADUs. |
21 | ADU Home Density Bonus - Compliance | Support | Request that DSD release data on non-compliance.
Recommend the penalties are deposited in the Affordable Housing Fund administered by the San Diego Housing Commission, which is also where in lieu fees go. |
22 | ADU Home Density Bonus - Community Enhancement Fee | Support | Because state regulations only apply to state-mandated ADUs, San Diego has the discretion to impose fees on opt-in programs, such as the Bonus ADU program. |
23 | ADU Home Separate Sale or Conveyance | Support | This is a significant added allowance to developers. NFABSD supports this in conjunction with restrictions on number of units, as proposed by the Community Planners Committee. |
24 | Sustainable Development Area (SDA) | Support | Clarifies that the requirements of the Street Manual apply to the pedestrian path of travel definition of SDAs. (At March 4 meeting Planning Dir. Vonblum confirmed that the sidewalk requirement applies to current projects.) |
Key to acronyms
ADU - Accessory Dwelling Unit
JADU - Junior Accessory Dwelling Unit
HCD - State Department of Housing and Community Development. Specifically refers to the comments of HCD in Attachment 3 of the Staff Report.
FAR - Floor Area Ratio. FAR is calculated as the ratio of the square footage of development (structures) to the area of the lot. The allowed maximum FAR of development on a lot depends on the size of the lot.
RS Zones - Residential Single-Family. Even though every "single-family" property in San Diego is allowed at least 4 dwelling units, there are still distinctions in development regulations between single-family and multi-family zoned properties. The most prevalent type of RS zoning in San Diego is RS-1-7, which equates to 7 primary dwelling units (i.e., houses) per acre, with a minimum lot size of 5,000 square feet. You can find the zoning of your home by going to the Zoning and Parcel Information Portal (ZAPP Map) and typing in the address.
DSD - Developments Services Department. For ministerial projects, such as Bonus ADU developments, DSD has the sole authority to approve projects. There is no mechanism for appealing ministerial (Process 1) decisions.
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Click HERE for more details on NFABSD's responses to the Planning Departments proposals.
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