By Neil Hyytinen and Adrian Reyna
July 21, 2025
On Monday, June 16, 2025, the San Diego City Council voted 5-4 to approve significant amendments to the City’s Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) regulations after a lengthy and contentious public hearing.
The amendments were targeted to reign-in the most egregious examples (real and perceived) of ADU development that has occurred under the current ADU regulations. Highlights include:
- New Limit on Number of ADUs: The number of permitted ADUs on single dwelling unit lots will be capped based on the square footage (SF) of the lot.
- Maximum of 4 ADUs on lot areas 8,000 SF or less
- Maximum of 5 ADUs on lot areas between 8,001 SF to 10,000 SF
- Maximum of 6 ADUs on lot areas 10,001 SF or more
- Fees: ADU Home Density Bonus Program applicants will be required to pay a “Community Enhancement Fee” based on the gross floor area (GFA) of affordable ADUs and bonus ADUs, not counting certain low/very-low-income deed-restricted ADUs.
- GFA Limitations: The GFA of attached or detached ADUs will be limited to between 150 and 1,200 SF.
- Height Limit: Detached ADUs and ADUs attached to an existing structure will be limited to two stories in single family zones, but not multi-family zones.
- Low Income Exclusions: The ADU Home Density Bonus Program will not be permitted in certain low-income base zones.
- New Setback Requirements:
- Minimum street side yard setback of an ADU will be 4 feet or the minimum street side yard setback of the base zone, whichever is less.
- Minimum interior side yard and rear yard setbacks for ADU structures located on a premises within a High or Very High Fire Severity Zone will be four feet unless increased by the Fire Code Official.
- Restrictions within Fire Hazard Zones: ADU Home Density Bonus Program projects located on lots within High or Very High Fire Hazard Severity Zones will be required to be located on an improved public street that has at least two evacuation routes. Additionally, the lot cannot front a cul-de-sac, and cannot only have one point of ingress or egress.
- Transferability: Most new or existing ADUs will be able to be converted into condominiums and sold or otherwise conveyed separately from the primary residence if certain requirements are met.
- New Parking Requirements: When a garage, carport, covered parking structure, or uncovered parking space is demolished in relation to the construction of an ADU or converted to an ADU, replacement of lost 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. However, one off-street parking space will be required for each affordable ADU and bonus ADU located outside of a transit priority area.
The second reading of the ADU regulation amendments occurred on July 22nd and will take effect 30 days after being signed by the Mayor in areas outside of the Coastal Zone. For areas within the Coastal Zone the new regulations will take effect upon certification by the California Coastal Commission. If you have any questions regarding the new amendments, please feel free to contact Neil Hyytinen at nhyytinen@hechtsolberg.com or Adrian Reyna at areyna@hechtsolberg.com.