San Diego County ADU Separate Sale: June 12 Hearing on Occupancy

Introduction

On June 12, 2026, at 9:00 a.m., the San Diego County Planning Commission convened at the County Administrative Center to review critical amendments to the ADU separate sale ordinance, focusing on owner occupancy requirements and tenant protections that will shape how Pacific Beach, La Jolla, Mission Beach, Bird Rock, and Tourmaline area homeowners can sell accessory dwelling units as standalone condominiums.

This hearing represents the second phase of San Diego County's AB 1033 implementation timeline, building on the March 4, 2026 Board of Supervisors' unanimous adoption of the basic ADU separate sale framework that became effective April 4, 2026. While the initial ordinance established the legal foundation for condominium conversion, the June 12 amendments address Board directives to "encourage owner occupancy and support homeownership opportunities" specifically targeting first-time homebuyers.

Whether you own property in Pacific Beach 92109, La Jolla 92037, Mission Beach, Bird Rock, or near Tourmaline Surfing Park, understanding these County precedents helps anticipate how the City of San Diego may structure its future AB 1033 ordinance. Planning Commission recommendations from this hearing will advance to the Board of Supervisors for final consideration at a tentatively scheduled August 2026 vote, giving coastal neighborhood builders and ADU developers a 6-8 week window to understand the final implementation rules before they take effect.

AB 1033 Implementation Context

County vs City ADU Sale Ordinances

These amendments apply only to unincorporated San Diego County areas where AB 1033 took effect on April 4, 2026. Pacific Beach, La Jolla, Mission Beach, Bird Rock, and the Tourmaline Surfing Park area all fall within the City of San Diego jurisdiction, which has not yet adopted an AB 1033 ordinance allowing separate ADU sales. Property owners in these coastal neighborhoods should monitor whether the city follows the County's approach with similar owner occupancy safeguards.

Contrast with AB 976 Owner Occupancy Elimination

The June 12 amendments take a different approach than recent state legislation. While AB 976 eliminated owner occupancy requirements for ADU construction, San Diego County proposes reinstating occupancy rules specifically for separate sale scenarios. This creates a regulatory distinction: you can build an ADU without living on-site, but selling it as a standalone unit may require owner occupancy of either the primary residence or the ADU itself.

Owner Occupancy Requirements and First-Time Homebuyer Support

First Right of Refusal for Existing Tenants

First right of refusal for existing tenants represents a key tenant protection under consideration, allowing current ADU renters the opportunity to purchase their units before they reach the open market. This provision could significantly impact Pacific Beach 92109 and La Jolla 92037 properties with established ADU rentals, where landlords considering separate sale would need to offer current tenants purchase options before listing to outside buyers.

Primary Residence vs ADU Occupancy Requirements

The amendments explore owner occupancy requirements that could mandate either the primary residence or ADU be owner-occupied, preventing purely speculative investor purchases. For Pacific Beach and La Jolla builders who construct ADUs with $250,000-$420,000 investment costs, these requirements may influence whether separate sale targeting $450,000-$500,000 prices remains financially viable compared to traditional rental models.

Investor Purchase Restrictions and Affordability Goals

The June 12 hearing evaluated draft options designed to prioritize homeownership over investor speculation in the ADU separate sale market. County staff developed these provisions in response to the Board's March directive to support first-time homebuyers through potential owner occupancy requirements and purchase priority mechanisms, creating affordable housing opportunities through smaller, detached accessory dwelling unit purchases.

Timeline and Implementation: August 2026 Board Vote

Planning Commission to Board of Supervisors Process

Following the June 12 Planning Commission review, recommendations will advance to the Board of Supervisors for final decision-making authority at a tentatively scheduled August 2026 hearing. This timeline creates urgency for Pacific Beach, Mission Beach, La Jolla, and Bird Rock developers currently planning ADU projects with separate sale intent, as final rules could materially affect project economics across all coastal neighborhoods.

Condominium Conversion Requirements Under AB 1033

The County's April 4, 2026 AB 1033 implementation already permits separate ADU sales through condominium conversion in unincorporated San Diego County areas, requiring a Tentative Parcel Map application, condominium documentation, and separate Assessor's Parcel Numbers for each unit. The pending August amendments will layer additional homeownership support and tenant protection requirements onto this existing framework.

What Pacific Beach, La Jolla, Mission Beach, Bird Rock, and Tourmaline Area Homeowners Should Do Now

Action Steps for Current ADU Owners

Pacific Beach, La Jolla, Mission Beach, Bird Rock, and Tourmaline area homeowners and builders should monitor the Board's August agenda for final adoption, as these amendments will establish the operational rules governing ADU separate sales for the foreseeable future. Property owners in 92109, 92037, and 92110 ZIP codes with current ADU tenants should evaluate tenant purchase rights before proceeding with any condominium conversion applications.

Coastal ADU Considerations and SB 1077 Guidance

For Pacific Beach, La Jolla Shores, Mission Beach, and Bird Rock properties in coastal zones, the July 2026 SB 1077 coastal ADU guidance deadline may affect both ADU construction and separate sale timelines. La Jolla coastal properties and Mission Beach boardwalk area projects in early planning stages may benefit from delaying condominium conversion applications until August rules finalize, ensuring compliance with both County owner occupancy requirements and California Coastal Commission development permit conditions.