Clarifying the City Council’s Bonus ADU Vote

By Neighbors for a Better San Diego / June 27, 2025

On Tuesday morning, July 1, at 10:00 a.m., there will be a second reading of the amended ADU ordinance, adopted by the City Council on June 16, 2025.

While Neighbors For A Better San Diego (NFABSD) would have liked the Council to adopt our “Four is Fair” proposal, that motion was rejected on a narrow 5-4 vote, leading to the compromise that is before the Council for final approval.

NFABSD supports adoption of the amended regulations and will remain vigilant to ensure that the new regulations and other existing Municipal Codes are rigorously followed.

We have received inquiries regarding the difference between the adopted regulations and state law. Unfortunately, that target has changed since NFABSD started in 2021. As a result of state laws enacted after 2021, California requires cities to permit 2 ADUs and 1 JADU on every single-family lot:

— 1 ADU Converted from existing space (garage, workshop, part of house)

— 1 ADU Detached from house

— 1 JADU Attached to main house

Total = 3 Accessory Dwelling Units + the House = 4 Total Dwelling Units.

That is why NFABSD proposed “4 is FAIR Everywhere” – We proposed allowing the flexibility for the fourth unit to be a JADU or a Bonus ADU. We did this to encourage the production of “affordable” ADUs and stay within the demands of the state Department of Housing and Community Development (HCD) to continue the program in some form.

The City’s final amendments to the Bonus ADU Program allow 4 to 6 ADUs/JADUs on a single-family lot, not including the house. That is 1 dwelling unit more than we wanted on smaller lots (8,000 sf or less), and 2 to 3 more units than we wanted on larger lots. This is also 1 to 3 more ADUs/JADUs than the state currently requires the city to allow.

While the City’s final amendments are less than we hoped for, they are much improved from unlimited Bonus ADUs. We also believe that many of the other amendments passed will make San Diegans safer and minimize the number of ADUs allowed on single-family lots, including:

— Capping allowable development area at 8,000 sf

— Reducing ADU development on Environmentally Sensitive Lands and steep slopes

— Limiting ADU development in high-risk fire zones

Click HERE for a list of the key changes to the ADU regulations.

Again, we thank everyone for their support in achieving these significant changes in the Bonus ADU program.

Regarding permits already in the queue: Generally, any projects that have permits approved and fees paid (“deemed complete”) will be allowed to go forward under the previous rules. However, at the June 16 Council meeting, Council President LaCava raised other legal questions for the City Attorney to look into. Hopefully, the public will get further clarification at the second reading of the ADU ordinance on July 1.