San Diego County ADU Separate Sale Public Review: How to Participate Before July 2, 2026
San Diego County's groundbreaking AB 1033 implementation went into effect on April 4, 2026, allowing property owners in unincorporated areas to sell Accessory Dwelling Units (ADUs) separately from the main home through condominium conversion. But the story isn't over. When the Board of Supervisors approved the ordinance on March 4, they directed county staff to return within 120 days—by July 2, 2026—with policy recommendations to promote first-time homebuyers, including owner occupancy requirements and first right of refusal for existing tenants.
This means you have a critical window to influence parameters that will directly impact your ADU project's marketability, resale value, and investment return. Whether you're a builder planning coastal projects from Bird Rock to Pacific Beach, a property owner considering ADU development, or an investor analyzing separate sale opportunities, understanding how to participate in this public review process is essential. The decisions made before July 2 will shape San Diego County's ADU market for years to come.
The public review period is active now, with staff collecting community feedback leading up to a Board of Supervisors hearing in late summer 2026. This guide explains exactly how to participate, what parameters are under consideration, and why your input matters for the future of affordable housing in San Diego County's coastal communities.
Critical Questions About the July 2, 2026 Deadline
How Do I Submit Public Comments on San Diego County ADU Separate Sale Parameters?
There are multiple ways to voice your opinion to the San Diego County Board of Supervisors regarding AB 1033 implementation parameters. The most direct method is filling out the online Request to Speak form before public comment on the item begins at the Board meeting. When called, you'll have two minutes to speak. Alternatively, you can submit written comments by emailing PublicComment@sdcounty.ca.gov or contacting the Planning & Development Services Long Range Planning team at PDS.LongRangePlanning@sdcounty.ca.gov or (858) 505-6677. Written comments can be submitted anytime before the late summer 2026 Board hearing. Meeting agendas are posted at least 72 hours in advance on the County's website, giving you time to prepare specific comments on the policy options being presented. For builders and property owners who cannot attend in person, call-in comments are also accepted during meetings.
What ADU Separate Sale Parameters Are Being Decided Before July 2, 2026?
County staff are developing policy options in three key areas to promote first-time homebuyers and protect existing tenants. First, owner occupancy requirements—whether the property owner must live in either the main house or the ADU at the time of separate sale, and whether buyers must occupy the ADU as a primary residence. Second, first right of refusal for existing tenants, giving current ADU renters the opportunity to purchase the unit before it goes on the open market. Third, purchase preferences or income qualification criteria specifically designed to prioritize first-time homebuyers and lower-income purchasers. These parameters will determine how accessible separately sold ADUs become for first-time buyers versus investors, and whether existing rental arrangements create purchase obligations. The July 2 deadline means staff recommendations should be finalized by early July, followed by public presentation and Board deliberation in late summer 2026.
Why Does the July 2 Deadline Matter for Builders Planning ADU Projects?
The July 2, 2026 deadline is critical because the parameters decided will fundamentally affect your ADU's separate sale potential and return on investment. If strict owner occupancy requirements are imposed, you may need to plan for buyers who will use the ADU as a primary residence rather than investment property, potentially limiting your buyer pool. First right of refusal provisions could impact marketing timelines and create purchase obligations if you currently rent an existing ADU. For builders designing projects now near Tourmaline Surfing Park, in Bird Rock, La Jolla, or Mission Beach, understanding these parameters helps you make strategic decisions about unit size, finishes, and target buyer profiles. Projects starting construction in mid-2026 will likely be ready for sale after the parameters are finalized, meaning you're designing for rules that don't fully exist yet. Participating in the public review process gives you influence over regulations that will govern your project's marketability.
How Will Owner Occupancy Requirements Affect ADU Separate Sale in San Diego County?
Owner occupancy requirements could take several forms, each with distinct implications. One option requires the seller to occupy either the main house or ADU before sale, potentially limiting investor-owned properties from participating in separate sales. Another option requires buyers to occupy the ADU as their primary residence for a specified period, which would prioritize owner-occupants over investors but might reduce buyer pool size and resale prices. Currently, San Diego County has permanently prohibited owner occupancy requirements for standard ADU rentals, meaning you can rent out both your main home and ADU simultaneously. However, AB 1033 separate sales create a new ownership structure through condominium conversion, allowing the County to impose occupancy requirements specific to the sale transaction. For coastal builders, owner occupancy mandates could actually enhance marketability to first-time homebuyers seeking affordable coastal living options in communities where traditional homes exceed $1.3 million.
What Is First Right of Refusal for ADU Tenants and How Does It Work?
First right of refusal gives existing ADU tenants the opportunity to purchase the unit before you can market it to other buyers. If this parameter is adopted, you would need to formally offer the ADU to your current tenant at a specified price before listing it publicly. The tenant typically has a defined period—often 30 to 90 days—to accept or decline the purchase offer. This protects long-term renters from displacement and supports the County's goal of promoting first-time homebuyers, as many ADU tenants are renters who couldn't previously afford homeownership. For property owners, first right of refusal adds complexity to the sales process and could delay market timing. However, it may also create a motivated buyer who already knows and values the property. The parameter details being finalized by July 2 will specify notification requirements, response timelines, and whether right of refusal applies to all separately sold ADUs or only those with existing tenancies at the time of ordinance adoption.
How Should I Design My ADU Now to Maximize Separate Sale Potential?
Design strategically to succeed under any parameter scenario the County adopts. First, optimize size between 600-800 square feet—large enough to appeal to first-time homebuyers but efficient enough to keep purchase prices below $500,000, the accessibility threshold for most first-time buyers in San Diego's coastal markets. Understanding ADU construction costs in Pacific Beach and coastal areas helps you budget appropriately for quality construction. Second, ensure complete separate utilities (water, sewer, gas, electric) from the beginning, as AB 1033 requires utility separation for condominium conversion. Third, prioritize detached configurations for maximum privacy and resale value. Fourth, invest in quality finishes and materials that appeal to owner-occupants, not just renters. Fifth, design flexible layouts that work for both primary residence and rental use, protecting your options regardless of occupancy requirements. Finally, document all permits meticulously—properly permitted ADUs receive full appraisal credit while unpermitted units may add no value or decrease property worth. These design choices position your ADU for strong marketability whether parameters favor owner-occupants, first-time buyers, or investors.
What's the Difference Between San Diego County and City of San Diego AB 1033 Rules?
This distinction is crucial for Pacific Beach, La Jolla, and Mission Beach properties, as these coastal areas include both incorporated City of San Diego territory and unincorporated County land. San Diego County's AB 1033 ordinance is already in effect as of April 4, 2026, allowing separate ADU sales in all unincorporated areas. The City of San Diego, however, has not yet adopted an AB 1033 ordinance, meaning separate ADU sales remain prohibited within city limits. If your property falls under city jurisdiction—even in coastal neighborhoods—you cannot currently pursue separate ADU sales regardless of County rules. For Pacific Beach properties in the coastal zone, understanding the coastal development permit timeline is essential for project planning. You can verify jurisdiction by checking your property tax bill or contacting the County Assessor's Office. The County's July 2 parameter decisions will only affect unincorporated areas. City residents should monitor separate legislative processes within San Diego's city government if they want separate sale options in the future. This jurisdictional split creates a competitive advantage for County properties in coastal markets.
Take Action Before the July 2 Deadline
The 47-day window until July 2, 2026 represents a rare opportunity to shape housing policy that directly affects your ADU project's success. County staff are actively collecting community feedback to inform their policy recommendations on owner occupancy, tenant protections, and first-time homebuyer preferences. Whether you submit written comments, speak at a Board meeting, or contact Planning & Development Services directly, your expertise as a builder or property owner provides valuable real-world perspective that staff need to craft workable regulations.
The parameters decided before July 2 will determine how accessible separately sold ADUs become for first-time homebuyers in San Diego County's coastal communities—from Tourmaline Surfing Park south through Bird Rock to La Jolla—where traditional home prices have reached prohibitive levels. By participating now, you help ensure that AB 1033 implementation balances affordability goals with practical market realities, creating opportunities for both builders and buyers in one of California's most expensive housing markets.
Sources & References
All information verified from official sources as of May 2026.
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- ▪ San Diego County: Guidance for Separate Sale of ADUs under AB1033 (official guidance)
- ▪ San Diego County: Comment at Board of Supervisors Meetings (official source)
- ▪ AB-1033.com: Complete Guide to Selling ADUs Separately (educational resource)
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