Can San Diego deny my AB 2533 application?

No, unless the city determines correcting violations is necessary to address substandard conditions that cannot be reasonably remedied. The law prohibits denial based solely on code violations. If your unpermitted ADU can reach basic health and safety compliance through reasonable upgrades (electrical, plumbing, ventilation, egress, fire safety), the city must approve your application. This represents a fundamental shift from the previous regime where cities could deny legalization outright.

What if my unpermitted ADU is in Pacific Beach's coastal zone?

The City of San Diego explicitly states that Information Bulletin 242 (the AB 2533 legalization pathway) is not allowed for unpermitted work in areas subject to Coastal Act regulations, as approval from the Coastal Commission will be required. Most Pacific Beach, La Jolla, and Mission Beach properties west of I-5 fall under coastal jurisdiction. You'll need to pursue a separate coastal development permit process alongside AB 2533. Recent legislation (AB 462) imposed a 60-day approval deadline for coastal ADU permits, potentially streamlining this process, but it adds complexity and time to legalization.

How much does third-party inspection cost and is it required?

Third-party inspection is optional and confidential under AB 2533—you are not required to obtain one or submit results with your permit application. However, many Pacific Beach homeowners choose this route to understand compliance issues and costs privately before committing to the formal process. Third-party inspection costs typically range from $500-$1,500 depending on ADU size and complexity. Licensed design professionals (architects, engineers) or general contractors can perform these assessments. The value lies in identifying major issues (like structural deficiencies requiring $50,000+ remediation) before investing in formal applications and plan preparation.

AB 2533: Legalize Your Pre-2020 Unpermitted ADU in Pacific Beach Without Denial

What AB 2533 Changes for Pacific Beach Homeowners

If you built a granny flat, converted garage, or backyard cottage in Pacific Beach, La Jolla, or Mission Beach before January 1, 2020 without permits, California's AB 2533 now offers a clear legalization pathway without automatic denial. Signed into law in September 2024 and effective January 1, 2025, this landmark legislation prohibits San Diego from denying permits for pre-2020 unpermitted ADUs unless correcting violations is necessary to address serious health and safety hazards.

The game-changer is the "no-denial" provision. Previously, unpermitted ADUs faced potential code enforcement penalties, legal jeopardy, and no guaranteed path to compliance. AB 2533 flips that script entirely: The city must approve permits if your unpermitted unit can meet basic health and safety standards through reasonable upgrades.

For thousands of Pacific Beach homeowners with converted garages, detached studios, or basement units built over the decades, this represents a once-in-a-generation opportunity to bring these structures into legal compliance without facing the denial risk that previously kept them in the shadows.

Eligibility and Process: Three Steps to Legal Status

Step 1: Confirm Eligibility

AB 2533 applies to unpermitted accessory dwelling units and junior ADUs constructed before January 1, 2020, on single-family homes, duplexes, and properties with existing ADUs within the City of San Diego. You'll need documentation proving construction date—old photos, utility installation records, tax assessments, or contractor receipts work well.

Critical coastal zone exception: According to the City of San Diego Information Bulletin 242, this process cannot be used for unpermitted work in areas subject to Coastal Act regulations. Pacific Beach, La Jolla, and Mission Beach properties west of Interstate 5 typically fall under coastal jurisdiction, requiring separate Coastal Commission approval. Check your property's exact zoning before proceeding.

Step 2: Optional Confidential Third-Party Inspection

AB 2533 allows homeowners to obtain a confidential third-party inspection by a licensed design professional or general contractor to assess the unit's condition and scope of needed improvements before submitting a formal application. This optional step helps you understand costs and compliance issues privately, with results not required for permit submission.

The third-party inspector evaluates your ADU against the Substandard Housing Inspection Checklist (Attachment A in San Diego's bulletin), covering 12 categories: sanitation, plumbing, ventilation, lighting, structural elements (foundation, flooring, walls, roofs), fire-resistive construction, exits, smoke/carbon monoxide alarms, and basic habitability standards.

Common issues in Pacific Beach's older converted garages include: outdated electrical wiring not meeting current code, inadequate ventilation in bathrooms and kitchens, missing or non-compliant emergency egress windows, lack of smoke and carbon monoxide detectors, and substandard plumbing fixtures or connections.

Step 3: Submit Application and Complete Compliance Work

Submit a building permit application through San Diego's Development Services online portal, selecting "Building Permit" and identifying the work as AB 2533 legalization. Required documentation includes site plans showing property boundaries, structure locations, setbacks, lot coverage, and floor plans of the existing unpermitted ADU.

The city will conduct an official inspection using the same Substandard Housing Checklist. If violations exist but can be corrected through reasonable upgrades, the city issues a retroactive permit listing required compliance work. You complete the remediation—typically electrical upgrades, ventilation improvements, egress window installation, smoke/CO detector addition, and plumbing corrections—and request final inspection for certificate of occupancy.

Costs and Timeline

Legalization costs vary dramatically based on your ADU's condition. According to Better Place Design & Build, typical Pacific Beach legalization budgets include: plan preparation for existing structure ($2,000-$3,000), exploratory phase opening walls for inspection ($1,000-$2,000), remediation work addressing code violations ($5,000-$25,000 depending on issues), and permit fees (approximately $1,000-$1,500).

Total costs: $9,000-$31,500 for most Pacific Beach conversions, with well-maintained units on the lower end and extensively non-compliant structures requiring more investment.

No impact fees: AB 2533 specifically prohibits cities from imposing ADU impact fees unless new utility infrastructure connections are required to comply with health and safety standards. For most Pacific Beach granny flats already connected to water/sewer, this saves $10,000-$30,000 in fees.

Timeline expectations: 4-6 months from application to certificate of occupancy for straightforward cases, with potential delays if extensive remediation is needed or coastal permits apply.