Adopted Changes to the Bonus ADU Program

On June 16, 2024, after a 7-hour hearing that featured emotional testimony from residents affected by out-of-scale developments permitted under the unlimited Bonus ADU program, the City Council adopted significant changes to the City's ADU regulations.

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While the changes didn't address all resident concerns, the Council's action represents the first meaningful revision of the Bonus ADU program since the program went into effect in 2021.

Given the interest in potentially pushing San Diego's regulations statewide, Monday's outcome will hopefully send a message to the City Council and the California Legislature to stop using the "housing crisis" as cover for deregulatory policies that benefit developers at the expense of San Diego's families.

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​The changes to the ADU regulations are summarized below. The Council will need to do a second reading in two weeks before the regulations are officially adopted.

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Here is a summary of the changes:

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ADUs will be capped at 6 ADUs/JADUs on single-family lots - No more unlimited Bonus ADUs in the Sustainable Development Area (SDA).

•  Maximum of 4 ADUs/JADUs allowed on SF lots up to 8,000 sf.

•  Maximum of 5 ADUs/JADUs allowed on SF lots 8,001 to 10,000 sf.

•  Maximum of 6 ADUs/JADUs allowed on SF lots 10,001 sf or greater.

•  The square feet of building development space (FAR) allowed on any single-family lot will be limited:

  •  As if the lot is no more than 8,000 sf.

  •  Environmentally sensitive lands and steep slopes will be excluded from developable lot size.

•  RS-1-1, 1-2, 1-3, 1-4, 1-8, 1-9, 1-10, and 1-11 Zones will be ineligible for the Bonus ADU Program except on residential land in High and Highest CTCAC Opportunity Zones.

•  The Sustainable Development Area definition will be clarified to require continuous sidewalks to transit.
 

Lots in High and Very High Fire Hazard Severity Zones that are on cul-de-sacs or roads with a single point of ingress/egress will be ineligible for the Bonus ADU Program.
 

4-foot side and rear yard setbacks will be required for all ADUs (not just ADUs over 16 feet) in high fire hazard zones. Zero-foot setbacks will remain for ADUs 16 feet tall or shorter outside of high fire hazard zones.
 

Bonus ADUs outside the Transit Priority Area (TPA) will require one on-site parking place per ADU. The TPA includes future transit stops.
 

ADUs under 750 sf will pay for infrastructure through a Community Enhancement Fee.

• Fees will be waived for low and very-low-income deed-restricted units in High and Highest CTCAC Opportunity Zones.
 

Detached ADUs will be limited to 2 stories or less.
 

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ADUs could be sold as condominiums under AB 1033, except on parcels where there are:

• Rent-restricted ADUs

• ADUs that have received financing or other assistance from the San Diego Housing Commission
 

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There will be increased penalties for non-compliance with deed-restricted rents.
 

All Bonus ADUs will be required to have fire sprinklers.​