Hi, I am Sean Canning, principal architect over here at Ten Seventy Architecture, and today I wanted to do a little bit of a breakdown to see how far the accessory dwelling unit regulations have slid. Since the inception in 2020 I'm doing this in the wake of the a DU bonus program which was just in front of city council and there was quite a lot of backlash, and that program is still up in the air right now.
But aside from what's gonna happen with that, let's just take a look at what has happened with the 80 regulations from the onset to where we are today. Okay, so on the left here. Is the OG A DU regulations from the city of San Diego. And on the right is the current regulations of the city of San Diego.
So here you can say, you can see this is from November of 2020, and this code here is from February of 2025, which is right now we're in [00:01:00] mid-March of 2025. And this is the most updated version of this code. So I'm gonna go down and, kind of page by page, do a little bit of a comparison, and then we can make a determination at the end of this video if the building department and city council and the people who are responsible for this code are actually pro housing or anti housing.
So the first thing you're gonna notice here is that this border and larger accommodate accommodation section has been completely removed from this chapter of the code. So we actually have to scroll down to the second page. Where we have the accessory dwelling units and junior accessory dwelling units where that starts.
I will say before I start that the code on the left is seven pages, and the code on the right the current code is 11 pages. So there's been a lot added to this section. Okay, so let's go through this and just see what's changed here. So on the left here, the old code, it's saying this [00:02:00] section provides for the construction of accessory dwelling units and junior accessory dwelling units.
Consistent with the requirements of state law and is tended to encourage the construction of ADUs and jadus through several local regulatory provisions. And it looks like we have the same text on the right here so far. On the left we're gonna include allowing encroachments into the interior side, yards and rear yard setbacks up to the property line, eliminating parking requirements for ADUs and jds, and providing.
An affordable housing bonus of one additional a DU for every deed restricted, affordable, A DU constructed on the premises. And it gets into a little bit more detail, but immediately I can already see a big change here. So right here including allowing encroachment into the interior side yard. And rear yard setbacks up to the property line.
So I think we'll see later in this code when it gets a little bit more specific that's already been dialed back. Let's keep going here. [00:03:00] AD are permitted in all zones, allowing residential use and JD are permitted in all single dwelling unit zones by process one.
Okay. So other than that, everything seems to be fairly consistent so far. Let's compare here, lowercase A because it actually looks longer in the old code. So this is a shorter code, but this section is longer. So let's figure out why the following regulations are applicable to both ADUs and J ADUs one a DU, and one JADO.
Permanent on-premises within Single Family Zone. It looks like this has become B here. With an existing or proposed single dwelling unit. So they've added that section. An a, d or JAD shall not be rented, shall not be used for a rental term of less than 31 consecutive days, and that's remains here.
And c guest quarters and non habitable accessory structures shall be permitted in addition to ADUs and jds. So that's remains. But what's [00:04:00] new in this current code here is this section here. So they've clarified some definitions here. Single dwelling unit zones means a zone that permits single dwelling units, but does not permit multiple dwelling units.
And multiple dwelling unit zones means the zone that permits multiple dwelling units. This was important because back when we did our first A DU basically in November of 2020 multiple dwelling units. Structures was a thing that was not in multiple dwelling unit zones. And oftentimes the code refers to multi-family dwellings rather than multiple dwelling units.
So there was a little bit confu of confusion there. And that came up on our first project actually. So immediately it was obvious that had to be corrected. So now they've actually done a good job of correcting that. I do wish that they would take. These definitions that they're providing here in the code and put them in the definition section of the code, because [00:05:00] that's where you're gonna, that's where we're looking for those definitions.
Okay let's continue here. So this has also been added. D an accessory dwelling unit or junior accessory dwelling unit shall not be permitted to be permit constructed on any premises that has utilized provisions of this urban lot split. Okay. So this is a new. Angle here, this urban lot split.
So it makes sense that when they added that to the code, they'd add a clarification here in the accessory dwelling unit code. So that's reasonable. Now, if we look at development regulations here, which is number two, over here on the left, the old code, it looks like we have up to letter E. And here we actually have up to I.
So let's compare and see what has been added here.
Okay, so a minimum lot size is not required for the construction of an A DU or JDU. We still have that, and ADUs and jdu that are not subject to the density limitation for the [00:06:00] premises are not subject. Same thing here. The gross floor area of an A DU and JADU shall be included in the floor area ratio for the premises.
We have that here. Now here's the first change. It appears the following setback allowances are applicable. Conversion of existing structure to an 80 or JDU. No setback is required. I believe we have that here.
I think they might have moved that somewhere around in the code here. But let's keep reading this. No setback is required for existing dwelling units or accessory dwelling units that is converted to an A D or JADU, or to a portion of an A DU or JADU an A DU, or JADU that is constructed in the same location.
And to the same dimensions of an existing structure may continue to observe the same setback as the structure it replaced. Okay, this is interesting. I know this is gonna get a little bit technical here, but it seems to say that we could actually take a garage that has a [00:07:00] preforming setback, demolish the entire garage and build a new a DU in that place completely new, rather than trying to reuse a foundation or keep 50% of the exterior walls.
Or just convert that old structure. That's been the way I understand the A DU code works. I'm not so sure this exact language is still in the new code, so I may have to go through this and take a look at that. Let's go on here. New A-D-U-N-J-A-D structures new A-D-U-N-J-A-D-U structures must comply with the front yard and street side yard setbacks of the zone.
New a DU and JADU structures may encroach into the required interior side and rear yard setbacks up to the property line to accommodate construction of the A DU or JADU.
Okay this is the first significant change back in 2020 and probably through 2022 maybe even 2023, we were permitted in the city of San Diego. To [00:08:00] build ADUs and Jadus right up until right up to the lot line. So you did not require any setback. Now, that was an expansion of the state code because the state code said that we needed a four foot side yard setback and a four foot rear yard setback.
But then the city of San Diego came in on top of that and said, you know what? We're gonna do you one better. You actually don't need any setback here. Now, in reality, you actually need probably about two inches of setback to allow for building sway. So you're. Structure does not sway over the property line.
And then in addition to that, it creates some maintenance challenges, some construction challenges. How are you gonna build a wall from one side if you don't have access from the neighbor's lot? Can you make a deal with your neighbor where you're allowed to use his property for construction and what kind of liability that comes with?
You can't have any windows on that wall if it's less than three feet from the property line, but it did allow for some interesting designs. Where appropriate. I have actually built one myself that's two inches from the property line, and the neighbors were okay with [00:09:00] it. It also allowed me to build a bigger a DU than I would've had because the lot was 2,500 square feet.
But the city has redacted this, and now we need a four foot side yard setback. Now, interestingly enough. On lots where you only need a three foot setback for the base zone. So if you're gonna build a dwelling unit on the lot and you need a three foot setback, the city's stance was, but ADUs still need the four foot setback.
Now this is pretty illogical because if the A DU used to be able to have a zero lot line condition, and now it requires a four foot setback, w. If the base zone allows for a three foot setback, why would the A DU still need the four foot setback? So that was another weird quirk, and it seems like in 2025, this development service department has finally changed that.
And now if the base zone allows for a three foot setback, the A DU can be built at three feet. Previously I [00:10:00] had done a couple projects like this and we'd gotten special exemptions for these setbacks, but. It just didn't make a lot of sense to me, so I'm glad that they've actually corrected that now.
Okay, let's keep going through this here.
New A DU and Jdu structures new A DU and JDU structures Mised with fund year. Okay, I think we went through that one.
A DU and JDS shall not be required to FI provide fire sprinklers. This is F right here. So E and F is now aligned here, but it looks like this is where the new code changes. So it says, construction of an A DU or JADU shall not require the correction of previously conforming conditions on the premises.
Okay. This is good. I'm glad they've clarified this because I think the state code clarified this and the municipal code didn't quite pick up the language, but this is basically just shielding you from the deterrence that, oh, maybe I have this like unpermitted. [00:11:00] Laundry room behind my house, and now I don't wanna build it an A DU because I'm afraid the city is gonna crack down on this and it's gonna open up a whole can of worms.
So construction of an A DU or A JDU shall not require the correction of previously conforming conditions on a premises. This is great in theory. Of course, the building department doesn't generally respect this. When we submit a plan set for a permit of an A DU or JADU it does open up a can of worms and we try to leverage this code, but it doesn't always work.
So grade in theory in practice doesn't seem to be working too well. Here's HADU, and J. ADU is constructed within the areas of future sea level rise must comply with regulations. Okay? That seems to be reasonable within the coastal overlay zone. A DU and J ADU shall comply with the wetland regulations, coastal beef, BL regulations, et cetera, et cetera.
That seems to be reasonable. So they're putting some pro protections in here for the environment and for the coastal zone. The coastal zone doesn't always relate directly to the environment like Barrier Logan, or, sorry. Yeah. Barrier Logan, for example, is in the coastal zone, which [00:12:00] complicates development, but we don't have a coast in barrier, Logan, because we have a shipyard.
And the shipyard is doing much more pollution than anything that we can build in the coastal zone. So in general, the coastal zone is a good idea. In practice, again, it's it's not always working the way it's supposed to. Okay, let's move on to parking regulations. So back in 2020, here, the old code, it says no on-street parking spaces for or off street parking spaces are required for a DU and jds.
If the applicant chooses to provide offs, street parking spaces for a DU and Jdu located on the premises, those spaces shall comply with the following. And let's see, over here, they're gonna start this with no on street. Parking spaces are off street. Parking spaces are required for ADUs except as specified in this section.
So they're providing some additional clarification here. Here's some more clarification for when you need parking that was not [00:13:00] in the previous code off. Roman numeral two here. Off street parking spaces shall be located within hardscape areas and shall comply with the minimum standards and guidelines to provide safe and efficient means of vehicle.
Clear access to the lot we did have that in the code here, and I can see here roman numeral one is here. And it seems like this Section D would of corresponded to A here. So let's read D. If off street parking spaces are required in accordance with this section, or the applicant chooses to provide off street parking spaces for ADUs and jds located on the premises, those spaces shall comply with the following.
So that means the city has added A, B, and C here since the onset of the code. That's the way I'm seeing this right now. So let's take a look at c When a garage carport or a covered parking [00:14:00] structure is demolished in conjunction with the construction of an A DU or JDU, or conversion to an A DU or JDU, replacement of those off street parking spaces is not required unless the premises is located both within the beach impact area of parking impact overlay zone and outside the transit priority area, and in which case the parking shall be replaced.
So this is interesting. I'm just gonna scroll down to see if B relates here. No, it, it doesn't. So this one's a little bit of a loophole, I would say. It just basically says if you're gonna convert a garage where you had two parking spaces, you don't have to replace those parking spaces. To be a hundred percent honest here, I'm not so sure why they've done this.
It does seem like a little bit of a off street parking loophole, but. Off street parking was the biggest deterrence, or at least one of the two biggest deterrence to the precursor. Of the A DU, which was the San Diego's companion units required parking. Oftentimes you couldn't fit the parking and therefore you couldn't build the companion unit.[00:15:00]
The other deterrent was the impact fees, and we'll probably get into impact fees later on in this section here. So overall, I think that what the city's doing here is just clarifying that in some cases you do have to provide parking. I know there's another important section here, which I think is E here, but let's just go down a little bit more.
Okay. I think B relates to C here. So right before we get to that,
okay, so yeah, this is the new one here, E. So it says notwithstanding the previous section if the construction of an A D or JADU causes an existing driveway, curb cut. To no longer comply with the dimensions required in the table. That's the parking table of the parking section for an off street parking space, the driveway shall be closed to the satisfaction of the city engineer.
I'm glad they put this in here because this is a huge cost implication for [00:16:00] a small A DU project. Basically what they're saying is if you propose a zero parking condition on your lot and you have a driveway, you have to eliminate the driveway where at least the curb cut. It seems reasonable, but what they don't tell you is that's gonna cost you like $7,000 or $8,000 to process the permit and provide the plans, and you have to pull a right of way permit and then you have to get a class a contractor to do the work to eliminate the driveway entrance at the street.
And that could cost another $20,000. So this is actually an important clarification that I'm glad they've added to the code here. My recommendation just to as a, as an aside here, if you're proposing a zero parking, if you're considering a zero parking condition and you have this curb cut, try to just fit one part.
Try to make that curb cut, fit one parking space. Because then you can avoid all that work and it gives you a little bit of extra flexibility. Maybe it's a drop off space for [00:17:00] groceries or maybe it's a, for a family member with a disability or friends with disability, it's always beneficial to have at least one parking space and you can avoid like more than $20,000 worth of expense on your project.
Okay, and then here, number four, development impact fees for ADUs and J ADUs shall comply with the section. Listed here. Now, as I mentioned, development impact fees were the big deterrent to companion units, so the state made sure to eliminate these for ADUs. And back in 2020 you could build lots of ADUs and pay no impact fees, but now you're able to build one a DU or two ADUs, depending if it's single family or multifamily zoning.
But then after that, they're going to start tacking on the development impact fees again. But this time they're gonna do it in a scaled manner. So you're not gonna pay a fat flat fee per a DU. Like we used to have to do for a companion unit. So if you were building a 500 square feet compa companion unit, [00:18:00] you'd pay the same impact fee than if you were building a 1200 square foot companion unit.
And these impact fees vary neighborhood by neighborhood, and they basically cover the same thing your property tax pays for. So I would say development fees, if the city is serious about adding housing, eliminating development fees is the first step. And they did it here. They walked it back here. So that's the second sign of which direction?
The A DU regulations have moved in the city of San Diego. Okay. Now it looks like B and C corresponds here. So let's see if we can compare the two. In addition to the requirements of the section, the following additional regulations apply to ADUs. The record owner is not required to live on the same premises.
And it says the same thing here. Okay? That's very important because otherwise you can't use these ADUs as investments on rental properties. And if the goal, ultimately, if the intent is to add more housing, we should alleviate the [00:19:00] responsibility of the owner to live on the property. So this is good. Now be here.
The a DU may not be sold or conveyed separately from the primary dwelling unit unless all of the following apply. And then here's the same thing. On the right side, the current code has 1, 2, 3, 4, 5, and we had, it looks like the same exact five basically here. So I'm just gonna skip this. Doesn't look like there's much of a change there.
Okay. Now we have development regulation regulations for adu, and on the old code this goes up to. G. And in the new code, this goes up to eight. I looks like it goes up to I. So there's been some additions here. Let's dive in and figure out what they've changed. Okay. ADUs shall be permitted in all zones, allowing residential uses [00:20:00] consistent with the table, the use table of the applicable base zone.
And the same thing is on the left or on the right. So no change there.
No more than one a DU shall be permitted on a premises with an existing or proposed single dwelling unit. And then over here it says, one a DU shall be permitted in a single zone. Single dwelling unit zone on a premises with an existing or proposed single dwelling unit. So this is always a little interesting.
There is this like a DU bonus program. It's still in the code. It was in the first code. It's still in the current code. So here it says no more than one a DU shall be permitted. And then here it says, one A DU shall be permitted. I guess the reason they've changed this is because using the A DU bonus program, you can have more than one, but even this is a little bit unclear.
It should say notwithstanding a DU bonus program or not withstanding this section one A DU shall be permitted single dwelling unit zone because this does seem to be pretty cut and dry, that you can only do [00:21:00] one and that's not true. So it would be nice for them to revise this, but at least it's moved in.
This a reasonable direction, let's see. C here. ADU is located on a premises with an existing or proposed dwelling unit shall be permitted as follows. And then over here on a premises located in a single dwelling unit zone with an existing multiple dwelling unit. Okay, this is interesting.
So these c and c here do not actually, they do correspond. But I think what they've done here is, let me read this again. This is the current code on a premises located in a single dwelling unit zone with an accessible, multiple dwelling unit, or a premises located in a multiple dwelling unit zone with an existing or proposed dwelling unit.
ADU shall be permitted as follows. This is a good change here. What they've done is they've taken language that used to be in the city's info bulletin. Which [00:22:00] stated the same thing, that basically if you're, there's a little bit of a loophole if you're in a single dwelling unit zone, but you have a precon conform multiple dwelling unit structure.
So that'd be like single family zone. You have a duplex for some reason, the code is always changing, so that could have been permitted 20 years ago. It's no, it would no longer be permitted now. But you have that and nobody's, you don't have to tear it down. So when you're in that circumstance, the city lets you develop.
The lot, like it's a multiple dwelling unit zone. And for some reason they had put this in their info bulletin. The city has like hundreds of info bulletins, which are supposed to provide guidance, but they're not code. So oftentimes when we submit a project for permitting, they'll say, oh, you missed this thing that's on the info bulletin.
And we'll say it's not in the code. So it doesn't matter what's on the info bulletin. But other times. We'll submit a something that there's no, it's not in the code, like this section wasn't in the code. And we'll say, oh, it's a single family zone and it has a preforming multifamily [00:23:00] condition, and your info bulletin says we can do this.
So it's very confusing to work when there's municipal code and then hundreds of other documents that kind of modify the municipal code and the info bulletins are not approved by city council, so it's, it never makes it into the code. It's like a. An arm, the city has to say here's more stuff, although it's not been approved by city council.
But it makes for a lot of confusion because we're, as architects, we're looking at the code. We're not sorting through 300 plus info bulletin documents to see what's going on. So I'm glad they've moved this into the code. That's helpful. Okay. Now here it looks like. It says the number of ADUs permitted within the habitable area of an existing multiple dwelling unit is limited to 25% of the number, the total number of existing dwelling units in, in the structure, but in no case shall be less than one a DU.
And it looks like they basically have the same thing here. So Roman numeral one [00:24:00] here is roman numeral two. In the current code, Roman numeral two in the old code two ADUs that are detached from an existing multiple dwelling unit are permitted. And, okay, so that's here. So for some reason those two crisscrossed, and then we have this would've been three, this should be three in the current code, I suppose there's no limit on the number of 80 permitted within the portions of existing multiple dwelling unit structures that are not used as livable space, including storage rooms, boiler rooms, passageways, attics, basements, or garages if each a DU complies with the state.
Building standards for dwelling units. And here it says there's no limit on the number of ADUs permitted within the portions of existing dwelling unit structures. So here they changed it to portions of existing dwelling unit structures and accessory structures. And here they had existing multiple dwelling unit structures that are not used as livable space, including storage rooms, boiler rooms, passageways.[00:25:00]
Attics basements or garages? Is it if, okay, so they've just changed the language on this. It seems like it's, they've opened it up a little bit more because here it was more specific to existing multiple dwelling unit structures. So this is interesting. This only would apply if you're in a multiple dwelling unit zone, or you have a single dwelling unit zone with a multiple dwelling unit, precon conform structure.
And then if you're in that condition. You can build as many ADUs as you can fit in an existing dwelling unit structure and accessory structures.
That's interesting. I actually haven't used this angle in on any of our projects yet, but it is very interesting. If you have a large barn somehow, or like a four car garage, you could probably leverage this pretty well. Okay. Let's see here. Now they have. D here, [00:26:00] a maximum of one A DU with a gross floor area of 800 square feet or less shall be permitted on a premises with an existing or proposed dwelling unit, regardless of maximum lot coverage, maximum floor area, RA area ratio.
I'm gonna just skip over to the old one. An A DU with a gross floor area of 800 square feet shall be permanent on our premises with an existing or proposed dwelling unit, regardless of maximum lock coverage. Okay, so these are the same things, but there's a lot more language in the current code. Because here they've added
maximum lock coverage, maximum floor area ratio. They've added this front yard setback. Yeah. So this is the big change here. You can now build an A DU in your front yard, and when the code was published in 2020, that was not. You did not have that ability. This is helpful because a lot of lots in San Diego do not have large backyards, and a lot of times the [00:27:00] utilities are located at the front of the property, so it could actually make things much more cost effective for you to build in your front yard setback.
This was also added here. The development shall comply with the floor area ratio of the underlying base zone unless the development incorporates. An existing structure that exceeds the allowable floor error ratio, area ratio, or is under the allowable floor area ratio by less than 800 square feet, in which case an A DU that does not exceed 800 square feet shall be permitted.
This gets a little technical and I have another video that kind of goes over this if you wanna look it up. But basically the important thing to understand about this code is that yes, you can build an a DU that goes 800 square feet past your maximum floor area ratio that the base zone allows.
But you can only do this if you're only building one a DU on the lot. It doesn't say that anywhere here. And I wish they would add that here because. I've talked to quite a lot of homeowners and quite a lot of my colleagues that do not under that did [00:28:00] not realize that, and I don't blame them because it's not here.
Okay, so that was D. Let's see what E is. These two look basically the same, so I'm gonna skip this one. Then we have F. Okay, so it looks like F may have changed a little. The minimum gross floor area of an A DU shall not be less than 150 square feet. The maximum gross floor area of an A DU shall not exceed 1200 square feet.
An A DU constructed with an existing dwelling unit or accessory structure may construct an additional 150 square feet for ingress and egress only. And then here it says an A DU constructed within an existing dwelling unit, accessory dwelling unit does not have a maximum. Okay. Okay, so they've clarified this.
I believe this was the intent of the original code based on the state code language, but the city has added a line here, which is helpful. So if you have a [00:29:00] giant garage that's let's just say 1500 square feet so that we're over this maximum square feet, you can convert that into an A DU and you can leave it at the 1500 square feet.
So that's a way. You can get a DU larger than 1200 square feet. Most people don't realize that they think this is the cap, but this line clarifies that. Now, this other line here you may construct an additional 150 square feet for ingress and ingress and egress only. This is a big point of contention for me because this is incredibly misleading.
Everybody knows what egress is. This is the way out of a building. Bedrooms have egress windows, firemen. Enter into burning buildings through egress windows. And back in 2020 to 2023, we were able to make this code work by using an egress window or an ingress would be how you enter the building. So we could make like a foyer or like a mudroom.
They've changed without changing the language. They've changed the way this code is applied, so they're now [00:30:00] saying that an egress window, which is a common. Common thing in construction and design. It's defined by the California building code. There's very specific definitions. Clearances, heights, widths.
So everybody knows what egress is. Ingress is actually, n not as well defined as egress, but the way the city of San Diego is now interpreting this is you can add a hundred square, 50 square feet additional to a conversion, but only for ingress. So I don't even know why they have end egress listed here.
They should remove that from the code section because they're not applying it that way. And like I said, we submitted projects. With the egress window counting as egress. And then a couple years later, we submit similar projects and they say, now an egress window does not constitute egress.
So I don't understand the logic behind that at all. Okay, let's move on here. G seems to be added to the new code. A DU [00:31:00] structures shall comply with the front yard and street side yard setbacks of the base zone, interior side yard and rear yard. Setbacks for new A DU structures shall be provided as follows.
Okay, so this is the big change. We are talking about setbacks. So first sign that the city of San Diego is walking back their A DU regulations because this is basically the first change that occurred between the code on the left. And the code on the right one story, a DU structures with zero height, with a, sorry, one story.
A DU structures with a structure height, 16 feet or less, may observe a zero foot setback at the interior side and rear yards. So you can still get that zero outline condition at the side yards and at the rear yard. But your structural height has to be 16 feet or less. And it can only be one story. And then here one story ADUs with a structure height that exceeds 16 feet and multi-story a DU structures may observe zero, may observe a zero foot into your side [00:32:00] yard and rear yard setback unless the side or rear yard property line abuts another premises that is residential zoned, which is gonna be like 95% of your ADUs.
Or developed with exclusivity exclusively residential uses. In which case a four foot setback or the minimum setback of the applicable base zone, whichever is less applies. Okay. So in a nutshell, this was the first thing that came in. They went from a zero lot line condition for these types of structures to a four foot setback.
And then this is the new thing that just. Rolled into this code, and that was for when you had that three foot base zone condition. Now your a DU can be three feet. This is very important for 25 foot wide lots, by the way, because if you have a 25 foot wide lot, you have a three foot setback on both sides.
That's gonna end up with a 19 foot wide building, and your interior of your building is going to be 18 feet or less. [00:33:00] If you had a four foot setback on both sides, the interior of that building is gonna end up being 16 feet wide, which is going to be very hard to add multiple bedrooms to because, without getting into the technicality of it, you have to run a hallway past one bedroom to get to the second bedroom in most design cases, and your bedrooms are gonna be really small. Okay, let's take a look at this. A DU bonus program. Now, this is the whole reason I wanted to make this video because it seems like the A DU BO bonus program is gonna be heavily modified or potentially even eliminated, which is a sign that the city is anti housing, or at least anti ADUs, which the purpose of ADUs is to add more housing.
So if this, depending on how the city responds to this A DU bonus program. I think you could get a, you could read between the lines and understand how much housing they're trying, how serious they are about adding housing in San Diego. [00:34:00] So here it looks like there's some words added to this.
So let's go through a DU bonus for A-D-U-A-D-U bonus for affordable ADUs. One additional A DU shall be permitted for every A DU on a premises that is set aside as affordable to very low income. Low income and moderate income for Ruled for. Okay so far we're the same for a period of not less than 15 years.
And then here says, for a period of not less than 10 years, or gr guaranteed through a written agreements, et cetera, et cetera, or as an affordable to moderate income for, okay, so they've actually clarified this now, so it looks like there's two angles here. You can do a 10 year angle or a 15 year angle, and I guess.
I don't, I didn't even remember this, but when this came out in 2020, you could only use the 15 year angle. So that's interesting. The one thing that I think is silly is if you have three options here, [00:35:00] why would you ever go with the very low income? Why wouldn't you just go with a moderate income?
And the same thing here, when you have very low income and low income, nobody's gonna select very low income. You're just gonna select low income. So I think they could eliminate very low income, but I guess it gives another option. Here's here was a big change to our overlay zones. So there's no limit on the number of 80 bonus ADUs within a transit priority area.
Here, there's no limit on the number of a DU bonuses within the sustainable development area. So the difference between these two, this transit priority area was one mile as the crow flies from any major transit. The sustainable development area is one half mile walking distance from any mass transit.
I'm pretty sure I have that correct. Pretty sure I have that correct. Yeah, basically the argument was it doesn't matter how close you are as the crow flies to mass transit, if you have a giant canyon [00:36:00] between you and the mass transit that forces you to walk, two miles to that mass transit.
So I think this was a good decision to redefine that those zones where there, where you're going to be allowed for more density. And when we did this, I think there was like a net win of I don't know. 25% or so of properties. So this was a, if you're pro housing, this was a movement in the right direction.
Then here we have one bonus, A DU is permitted outside the transit priority area. One bonus, A DU is permitted outside of sustainable development area. So that tracks, it looks like Roman numeral three is the same.
Now here in the original code, they're gonna jump right into the JADU regulations, but in the current code. They've also added this a DU bonus for accessible ADUs. So this is a [00:37:00] section of the code that allows you to use the a DU bonus program to build an accessible a DU for somebody with a disability. I think this wasn't really brought up in those city council meetings, but by eliminating the a DU bonus program, you could potentially also be eliminating accessible units for citizens of San Diego.
I think I just wanted to mention that 'cause I think it was. Not really brought up in the city council meetings. Okay. And then here lowercase C on the left and lowercase D on the right. These are both addressing the same thing, the junior accessory dwelling units. So starting at use regulations and we have.
Letter A on the left, the record owner is required to live on the premise, on, on the premises as the JAU premises means lot. So if you build A-J-A-D-U, you have to live on that lot. And then here we have one JADU is permitted on premises. So here a is like clarifying what [00:38:00] was originally said and.
I wonder if they removed this. I do not think they did remove this, but let's take a look because here we have the JADU may not be sold or conveyed separately from the primary dwelling unit, and here we have the JADU may. May not be sold separately from the primary dwelling unit. So that's interesting.
It seems like they've actually removed this requirement, which was a big obstruction for people who wanted to build jds because now you're stuck living on the property. One JAD was permanent on the premises. Yeah. So that has been removed. I think that's a step in the right direction. You can imagine how building A-J-A-D-U, which requires you to live on the premises is a deterrent.
From you building that JADU, especially if you don't imagine living in that property for the rest of your life. And then these c and c seems to correspond. Now we're onto subsection two. A one JAD is permanent on our premises with a single dwelling [00:39:00] unit zone with an existing or proposed primary single dwelling unit.
And we have the same thing here. It looks like some more text has been added to B or actually removed from B-A-J-A-D-U of not less than 150 square feet and not more than 500 square feet is permitted within an existing or proposed single dwelling unit. An attached or detached garage or an A DU. Oh, yes, I know exactly what this is.
A-J-A-D-U constructed within an existing structure may construct an additional 150 square feet for ingress or egress only, but it's really only for ingress. So back in 2020, the city of San Diego had some very I'll call them very liberal, JADU allowances that the state did not have. So they used to allow you to construct A-J-A-D-U inside your dwelling unit, which we still have, but also inside an A attached or detached garage or inside an A DU.
And [00:40:00] now we can only do that. In a single dwelling unit or an attached garage. So this was cool. It allowed for some really unique opportunities in design. You could build a 1200 square foot a DU and have an attached 500 square foot, JADU. So it'd be a 1700 square foot structure. The state didn't.
Require that the cities did this, but the city of San Diego allowed that, and now they've walked that back. So you can no longer put your JADU inside your A DU. And then here, subsection, C-A-J-A-D-U shall have a separate exterior entry from the primary dwelling unit and shall provide a kitchen or an efficiency kitchen.
And then here it says, A-J-A-D-U shall have a separate exterior entry from the primary dwelling unit, and then the JADU shall include. The following, cooking facilities with appliances, a food preparation counter of a reasonable size in relationship with the JADU. They should be more specific on this because the plan checkers [00:41:00] ha will have their own interpretation of what a reasonable size is, and they should take that gray area out of the code.
And then also you need storage cabinets. So basically they've split up C here into c and d.
And that's the end of the 2020 A DU regulations. And that's also the end of the 2025 A DU regulations. So let's just go back and see if we can list the changes here. So I would say some of the things that make would make me believe that the city of San Diego is pro housing, is the change from the transit priority area.
To the sustainable development area because this allowed for more a DU bonus programs to work on different lots. So that was a pro housing decision. I. Now there's a bunch of things here that tell me that the city of San Diego is not pro housing. [00:42:00] The first is what's gonna happen with the A DU bonus program.
So that's the number one reason. If the city is serious about adding housing, they should be serious about the A DU bonus program. There could be some modifications. That could be made. Sure. Nobody has the iPhone one in their pocket. You probably have the 10 or the 15 or whatever we're up to right now.
So there's always a little bit of revisions that could be made to make something better. And I think it's very important for the city to consider the A DU program as something that's adding more housing and just modify it rather than it completely eliminating it. But a couple other things that.
That I'm seeing in the comparison of these two codes, which are telling me that the city is not serious about getting more housing built would be the addition of impact fees back into some of these ADUs after your first or second a a DU, now you have to pay these impact fees. With right now I think we have a $250 million deficit in the city, so I do not think they're going to [00:43:00] be eliminating these again.
But there was like a three year window where there was no impact fees but also the setbacks. So we used to have a zero lot line condition for rear and side setbacks, and then that moved to four, and now that's moved to four and in some cases three. That has been. A very limiting factor for a lot of ADUs, especially on small lots.
And then I guess the other thing to mention is now we are able to build these ADUs in the front yard, which could open up ADUs for people with smaller lots. Or people who are looking to do really low cost ADUs because of the location to the utilities. Your water meter is always in the front or almost always in the front.
Usually your sewer is in the street towards the front. The electric is fairly easy to manage either way. But that actually comes from the state, not from the city. So the city didn't really have a choice on that. And there could be actually a little bit more guidance in [00:44:00] this code about how to build something in the A DU in the front yard setback because certain things like encroachments into the front yard setback, there's a section in chapter 13 about 12 different types of encroachments and how long your roof eve can be in the front yard setback, and you put a balcony in the front yard setback and you put a chimney in the front yard setback.
All of this should be considered and incorporated now into the A DU regulations because we need to understand. Can we have a roof eve if we build the a DU in the front yard setback? And if so, how? How wide can that eve be? So I think in conclusion here I would say the city seems to be mostly anti housing.
And I'm just basing that opinion off this code if I add my 15 years of experience about what it's like to get a permit in the city of San Diego. When most of my clients are coming to me thinking that this is gonna be an easy, streamlined process, which it's not at all, it's [00:45:00] never that. And permitting these are easy projects that are very complicated to permit.
And the building department continues to throw obstacles that these projects continues to add fees to these projects. The conclusion I'm coming to is the city of San Diego is really not pro housing and, would be nice to see them make some changes to, to really streamline these things.
When the city streamlined the permitting from 2020 to 2023 permit times went from two to three months, to six to eight months, and they considered that a success because they streamline things by moving things from paper to digital. So I guess we have different definitions of streamlined, but, yeah, ultimately, I guess in conclusion I would say that this I do not believe the city of San Diego is pro-housing based on the way the a DU regulations have slid in comparison to the way they were originally set up within the city, which was very pro-housing in com in comparison to the state regulations.
So while they, in 2020 [00:46:00] were very. Positive about housing. They've allowed NIMBYs to affect the AD regulations in a negative way and have basically relinquished a lot of the benefits that. That we've had an ability to build these ADUs in creative scenarios. So we'll see what happens with the A DU bonus program.
But if I was to bet what was happen, what was gonna happen, I would say that they're going to heavily modify it, especially in single family zoning. So I hope you enjoyed this. It is a long video. It gets technical, but if you're looking to build an A DU or if you need just some advice on an A DU, you're already building or something, you're in permitting.
My business is here to help you. We specialize in modern and minimalist residential design. We're one of the leading experts in accessory dwelling units, and we have services that can help you from A to Z or just when you get caught up in permitting or. We even will review plans that have been created for your a DU separate from our business.
So you can [00:47:00] reach out to me at my you can go to the website, 10 70 architecture.com. You can send me an email, Sean at 1 0 7 0 architecture.com or you can check out our Instagram and I'll put all that information in the info box below. Okay. Thanks for watching.
