Accessory Dwelling Unit ADU

Are ADUs Legal in San Diego? Essential Facts and Regulations


Accessory dwelling units, or ADUs, have gained popularity in recent years as a solution to housing shortages in many cities, including San Diego. Homeowners in San Diego might be curious about the legality and practicality of building an ADU on their property. This article delves into the legal status, types, and regulations surrounding ADUs in San Diego.

In San Diego, ADUs are indeed legal and have been promoted by the San Diego Housing Commission as a strategy to provide more affordable housing options. The city has set specific regulations and guidelines for ADUs to ensure these additional living spaces are safe and harmonize with existing neighborhoods. These regulations encompass design, construction, setbacks, and the permitting process. Homeowners keen on constructing an ADU on their property can consult expert ADU builders in San Diego, who are well-versed in local requirements and can guide them through the construction journey.


Key Takeaways

  • ADUs are legal in San Diego and are pivotal in addressing affordable housing.
  • Established guidelines for building an ADU include design, construction, setbacks, and the permitting process.
  • Expert ADU builders in San Diego can assist homeowners in the construction and permitting process of an ADU.

ADU and JADU Quick Reference Guide

To provide a clearer understanding of the regulations surrounding ADUs (Accessory Dwelling Units) and JADUs (Junior Accessory Dwelling Units) in San Diego, we’ve compiled a concise reference table below. This table offers a quick comparison of the key criteria and regulations for both types of units:

Criteria / RegulationADUJADU
Permitted LocationsOn lots with an existing or proposed single-family dwelling (SFD)On lots with an existing or proposed SFD within a residential or mixed-use zone
ContainmentCan be attached to or detached from SFDMust be within an existing or proposed SFD
Size• Attached: ≤50% of SFD floor area, up to 1,200 sq.ft.
• Detached: ≤1,200 sq.ft.
≤500 sq.ft.
KitchenA kitchen is requiredEfficiency kitchen with cooking facilities, food prep counter, and storage cabinets
ParkingNot required if within ½ mile of public transit or in a historic districtNo additional parking is required. Replacement is required if the garage/carport is converted
Sale or OwnershipSeparate sale or ownership of an ADU is prohibited unless the lot is subdividedNot intended for sale separate from primary residence
Minimal Rental DurationNot less than 30 daysNot less than 30 days

Now that we’ve covered the basics let’s dive deeper into the details and benefits of ADUs and JADUs in San Diego.


Legal Status of ADUs in San Diego

ADUs, also known as Accessory Dwelling Units, are legal in San Diego. They are secondary residential units that share the same lot as the primary residence. The San Diego Housing Commission has recently revised its ADU and JADU (Junior Accessory Dwelling Unit) regulations to foster their development and enhance housing choices for residents.

In San Diego, ADUs are permitted in all zones that allow residential uses. For single-dwelling units, only one ADU is permitted. However, if your property is within a single-dwelling unit zone, you can have both an ADU and a JADU. For multi-dwelling unit zones, two detached ADUs are permitted, with specific provisions for converting existing structures.

To legally build an ADU, you must secure the necessary permits from the City of San Diego. Depending on your project’s intricacy, this might encompass building permits, plumbing and electrical permits, and other pertinent authorizations. Adhering to the city’s ADU-related codes and regulations is crucial to prevent future property issues.

Considering an ADU addition requires evaluating its pros and cons. An ADU can augment income through rentals or provide extra living space for the family. Moreover, ADUs can increase your property’s value.

In summary, ADUs are a legal and promising option for San Diego homeowners looking to maximize their property’s potential. Remember to navigate local regulations and permit processes carefully to ensure a successful project.


Types of ADUs and JADUs

In San Diego, there are various types of accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) that you can add to your property. ADUs can be either attached to the main house or be standalone structures in the backyard. JADUs are typically smaller and are integrated within the primary residence’s existing structure.

  • Attached ADU: An attached ADU is an independent living space added as an extension to your primary residence. These units share a wall with the main house but have distinct entrances and amenities. An attached ADU is ideal for optimizing property space and enhancing home value. The total floor area of an attached ADU shall not exceed 50% of the floor area of the Single Family Dwelling (SFD), up to a maximum floor area of 1,200 square feet.
  • Detached ADU: Detached ADUs are independent structures on the same lot but separate from the main house. They vary in size and design, from prefabricated to custom-built units. Detached ADUs offer more privacy, making them attractive for housing families or generating rental income.
  • Junior ADUs (JADUs): JADUs are compact units within the primary residence, often by repurposing an existing room. They must have an efficiency kitchen and can share bathroom facilities with the main house. JADUs are a cost-effective and space-efficient method to create additional living spaces.

In conclusion, your choice between an attached ADU, detached ADU, or JADU will depend on your requirements, property dimensions, and budget. By grasping the distinctions between these options, you can make an informed decision that adds value and functionality to your property.


Design and Construction

When planning an ADU in San Diego, several design and construction factors come into play. Decide between a new detached structure or converting an existing space, like a garage. Grasping the associated costs can guide your decision.

Design Considerations: aim for a functional, efficient living space suitable for family, guests, or potential renters. Consider layout, room dimensions, and aesthetics to ensure your ADU is visually appealing and meets occupants’ needs. If you’re uncertain, consulting a professional home remodeling company can be beneficial. For instance, the Kaminskiy Home Remodeling process is tailored to your unique needs, ensuring your dream home becomes a reality.

Construction Costs: Once your design is ready, understand the construction costs. These will fluctuate based on the ADU’s size, materials, and labor costs. Budget for additional expenses like permits and utility connections.

Existing Structure Repurposing: If you’re converting an existing structure, be prepared for potential challenges in meeting current building code requirements. Particularly if the space was not initially designed as a dwelling, careful consideration and possible modifications may be necessary to ensure safety, accessibility, and compliance with local regulations.

Financing: Funding your ADU construction can be through various avenues. Construction loans, tailored for home improvements and construction projects, can cover ADU building costs. However, it’s essential to research and compare loan providers to find the best fit for your finances.

In summary, when designing and constructing an ADU in San Diego, consider design, costs, and financing. Proper planning ensures a functional and efficient living space that adds value and caters to its occupants’ needs.


Regulations and Setbacks

Building an ADU in San Diego requires understanding the city’s local regulations and requirements. ADUs are generally legal in zones allowing residential use in San Diego. If your property is zoned for single-family use, you can develop one ADU and one JADU. For lots with existing or proposed multifamily units, up to two detached ADUs can be added.

Setbacks: San Diego typically mandates a minimum distance between the ADU and the primary residence and between the ADU and property boundaries. The exact setback requirements can differ based on the ADU type and your property’s specific zoning codes.

Height Restrictions: Regarding height, ADUs must comply with your property’s zoning code restrictions. The permissible height can vary based on the ADU’s location, size, and design. Check your property’s zoning code to ascertain the maximum allowed height for your ADU.

San Diego’s zoning codes are pivotal in determining your ADU’s location, size, and design. To ensure compliance, consult the  Use Table of the applicable base zone to understand specific requirements, restrictions, and allowances.

By acquainting yourself with San Diego’s ADU regulations, setbacks, height restrictions, and zoning codes, you can confidently plan and construct your ADU, ensuring it aligns with all necessary guidelines.


Permitting Process

When planning to construct an accessory dwelling unit (ADU) in San Diego, you will need to go through the permitting process. Before beginning construction, it is essential to obtain a building permit by complying with the city’s municipal code and zoning regulations.

To initiate the process, you will need to submit an ADU application. While the San Diego Housing Commission plays a role in promoting and facilitating ADU development, the primary authority for building permits and regulations is the city’s planning or building department. Ensure you prepare all necessary documents, including detailed plans, site-specific technical plans, and calculations for your project. It’s crucial to provide complete independent living facilities for occupants, including provisions for living, sleeping, eating, cooking, and sanitation.

In San Diego, state law allows properties zoned for residential use to add one ADU and/or one Junior Accessory Dwelling Unit (JADU), provided there is an existing or proposed single-family dwelling. Ensure you meet all requirements and guidelines set forth by local regulations.

When designing your ADU, you can take advantage of permit-ready, no-cost design and building plans offered through the County of San Diego and the City of Encinitas PRADU program. Using these plans can help expedite the permitting process; however, keep in mind that additional technical plans and calculations may still be required for your specific site.

Throughout the entire process, maintain clear and open communication with the relevant city departments to ensure you’re on the right track. Remember, securing proper permits is crucial for the legality and safety of your ADU project.

Finally, it is essential to work with experienced professionals to ensure your ADU complies with city regulations. You can find reputable contractors and architects with extensive experience in the San Diego area, such as Kaminskiy Home Remodeling. By covering all necessary steps and working with the right experts, your ADU project can become a reality – providing additional housing options and enhancing your property value in San Diego.


Parking, Density, and Proximity to Public Transit

Parking Requirements for ADUs:

  • Every ADU must provide one parking space, but there are exceptions, as mentioned below. This space can be situated within the setbacks or in an existing driveway as tandem parking.
  • If a garage, carport, or covered parking structure is demolished to construct or convert into an ADU, there’s no need to replace the parking spaces.
  • Parking exemptions exist for ADUs in specific scenarios:
    • If the ADU is within one-half mile of public transit.
    • If the ADU is situated within an architecturally and historically significant historic district.

Density and Setback Regulations:

  • A single-family lot with an existing or proposed dwelling can accommodate one ADU and one JADU.
  • Properties with multiple (2 or more) existing, non-conforming single-family dwellings in a residential zone that permits only one single-family dwelling can have an ADU, but JADUs are not allowed.
  • Properties with an existing non-conforming single-family dwelling in a zone that doesn’t permit a single-family dwelling can have either an ADU or JADU, but not both.
  • New proposed ADUs on lots in unincorporated county areas with an existing & permitted single-family dwelling might be eligible for the County Fee Waiver Program (valid through January 2024). More details can be found here.

Junior Accessory Dwelling Units (JADU) Requirements:

  • A JADU, not exceeding 500 square feet, can be permitted on lots with an existing or proposed single-family dwelling within a residential or mixed-use zone.
  • JADUs must be entirely contained within an existing or proposed single-family dwelling. They can either have separate sanitation facilities or share them with the primary residence.
  • JADUs require an efficiency kitchen, which includes a cooking facility with appliances and a food preparation counter with storage cabinets proportionate to the JADU’s size.
  • If an existing garage, carport, or covered parking space is demolished or converted into a JADU, the two mandatory parking spaces for the primary residence must be replaced.
  • In San Diego, it’s permissible to have a junior accessory dwelling unit (JADU) connected to the main ADU. The combined structure can span up to 1,850 square feet. This includes a 1,200-square-foot ADU, a 500-square-foot JADU, and an additional 150 square feet designated for entry and exit pathways. However, this 150 square feet isn’t considered as part of the living area. It’s also worth noting that there shouldn’t be a breezeway separating the two units, ensuring the JADU remains entirely within the ADU’s confines. Conveniently, such a project can be streamlined under a single project identifier and plan, facilitating simultaneous permitting.

By staying abreast of San Diego’s regulations concerning parking, proximity to public transit, and density for ADUs and JADUs, homeowners can make well-informed decisions about constructing or converting spaces on their property, ensuring compliance and addressing potential community concerns.


Fire Safety Regulations for ADUs in San Diego

Safety is paramount when constructing any dwelling, and ADUs are no exception. In San Diego, there are specific fire safety regulations that homeowners must adhere to when building an ADU on their property.

  • Fire Setbacks: Before starting construction, it’s essential to ensure that the ADU complies with the required fire setbacks. These setbacks are designed to provide a safe distance between structures, reducing the risk of fire spread.
  • Fire Sprinklers: Depending on the location and design of your ADU, fire sprinklers might be a mandatory requirement. Sprinklers play a crucial role in containing fires and can significantly reduce property damage and risk to life.
  • Consultation with the Fire Department: The City of San Diego strongly advises all homeowners to consult with the Fire Department before initiating the ADU construction process. This step ensures that your ADU design aligns with all fire safety regulations and standards.
  • Emergency Access: Ensure that there’s adequate access for emergency vehicles and personnel. This not only ensures a quick response in case of emergencies but also is a standard requirement in many residential zones.
  • Smoke and Carbon Monoxide Detectors: As with any residential space, it’s essential to install and maintain smoke and carbon monoxide detectors in your ADU. These devices provide early warning in case of fire or gas leaks, ensuring the safety of the occupants.

In conclusion, while ADUs offer numerous benefits, from additional living space to potential rental income, it’s crucial to prioritize safety. By adhering to San Diego’s fire safety regulations and guidelines, homeowners can ensure that their ADUs are both functional and safe.


Financial Aspects

For homeowners contemplating an ADU in San Diego, understanding the financial implications is crucial. ADUs can be a sound investment, offering rental income, enhancing property value, and even providing financing avenues.

  • Rental Income: An ADU can generate additional rental income. Renting out your ADU can supplement your income, expedite mortgage payments, or even offset ADU construction costs. With San Diego’s growing housing demand, an ADU can be an enticing option for potential renters.
  • Property Value: An ADU can boost your property’s overall value. Many homebuyers find ADUs appealing as they offer flexibility for multi-generational living, guest accommodations, or rental opportunities. An ADU investment can potentially elevate your property’s resale value, making it more attractive to potential buyers.
  • Investment: An ADU is an investment in your property and financial future. With San Diego’s ongoing housing shortage, ADUs can provide additional housing options. You can capitalize on increased rental income and property value by investing in an ADU.
  • Financing: The San Diego Housing Commission (SDHC) offers a financing program for moderate-income homeowners wishing to build ADUs. This program can help offset construction costs, making ADU investment more feasible.

In summary, adding an ADU to your San Diego property can be financially advantageous. By understanding rental income, property value, investment, and financing facets, you can determine if an ADU is the right choice for you.


Contributions to Affordable Housing

ADUs, or accessory dwelling units, are legal in San Diego and positively impact the city’s affordable housing scenario. With an escalating need for housing options and affordability, ADUs offer a solution by expanding the housing supply in established neighborhoods and providing homeowners with rental income. This approach enables seniors to remain close to family as they age and promotes efficient use of existing city properties.

San Diego has recently taken significant measures to promote ADU development as a strategy to address housing needs. In February 2022, the city approved a comprehensive package of housing incentives to foster affordable housing unit construction, including ADUs. Consequently, an increasing number of homeowners are considering ADUs as a means to contribute to the city’s affordable housing objectives.

One such initiative is the Affordable ADU Bonus program, which permits the construction of an additional ADU without rental restrictions for every ADU that is deed-restricted for moderate-income households for 15 years or for low-income households for ten years. This strategy aims to enhance housing affordability in San Diego by offering a broader range of options for homeowners and tenants.

Despite some single-family neighborhood residents’ concerns, the overall benefits of ADUs on affordable housing and sustainable urban development in San Diego are becoming increasingly apparent. As a space-saving and cost-effective solution, ADUs can help address San Diego residents’ urgent housing and affordability challenges, fostering more diverse and inclusive communities.


Frequently Asked Questions

What are the setback requirements for ADUs in San Diego County?

In San Diego County, ADU setback requirements may differ based on your area’s specific zoning regulations. Generally, detached ADUs require a 5-foot setback from the side and rear property lines. However, it’s essential to consult the County of San Diego’s zoning requirements for your property to ascertain exact setback requirements.

What is the permitting process for ADUs in San Diego?

The ADU permitting process in San Diego involves submitting an ADU permit application to the appropriate planning department. You’ll need to provide a site plan, architectural drawings, and other relevant documentation. The department will review your application, and if it aligns with all necessary regulations, they will grant the permit. Inspections will occur during construction to ensure local building code compliance.

Where can I find ADU plans specific to San Diego?

For San Diego-specific ADU plans, consider the San Diego Housing Commission’s (SDHC) Accessory Dwelling Unit (ADU) program. Through this program, SDHC offers ADU design resources tailored to San Diego’s local requirements. Additionally, you can search online for design and architecture firms specializing in ADUs to help create custom plans.

Who are reputable ADU builders in San Diego?

To find a trustworthy ADU builder in San Diego, research local construction companies, read client reviews, and ensure they are licensed and insured. Recommendations from family, friends, or neighbors who have constructed ADUs can also be valuable. It’s essential to obtain multiple quotes from different companies to compare pricing, services, and work quality.

What are the regulations for renting out ADUs in San Diego?

Renting out ADU regulations in San Diego vary based on your dwelling unit’s intended use. For long-term rentals, San Diego has guidelines on minimum lease terms and tenant rights. For short-term rentals, you must follow the city’s vacation rental regulations. Ensure you understand and comply with all relevant laws before renting out your ADU.

Are there property tax implications for building an ADU in San Diego?

Yes, building an ADU in San Diego can have property tax implications. An ADU can potentially increase your property value, which might raise your property taxes. The increase extent will depend on the ADU’s size, location, and construction cost. It’s advisable to consult a tax professional to understand your property’s specific tax implications.


Disclaimer: This article was last updated on 10/10/2023. Regulations and guidelines can change over time. Please check with local authorities or official sources for the most recent regulations regarding ADUs in San Diego.

Sources:

  1. https://www.sandiegocounty.gov/content/sdc/pds/bldg/adu.html.html
  2. https://www.sandiegocounty.gov/content/dam/sdc/pds/ce5/code_map.pdf
  3. https://www.sandiego.gov/planning/work/housing/toolkit/accessory-dwelling-units
  4. https://docs.sandiego.gov/municode/MuniCodeChapter14/Ch14Art01Division03.pdf
  5. https://www.sandiego.gov/development-services/news-programs/programs/companion-junior-units
  6. https://www.sandiego.gov/development-services/forms-publications/information-bulletins/400


Posted In - ADU Builder on Oct 11, 2023