Opportunities for Streamlining Affordable and Attainable Housing

Project Contacts: 

By-Right Housing: Enrique Flores 
 Small Lot Subdivisions: Enrique Flores
Senior and Assisted Living Housing: Sara Thornburgh

PDS.LongRangePlanning@sdcounty.ca.gov | (858) 505-6677
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Board Direction

On October 9, 2024, the Board of Supervisors received the materials for the Opportunities for Streamlining Affordable and Attainable Housing and directed staff to proceed with all the recommendations provided to develop the following:

  • Small Lot Subdivision Program
  • Senior Housing and Assisted Living Facility Program
  • Expanded By-Right Program
  • Development of a local Accessory Dwelling Units (ADUs) Ownership Opportunities Program

Please see the Minute Order for more information.

Background

On July 14th, 2021, the County's Housing Element was adopted by the Board of Supervisors (Board). During this hearing, the Board directed staff to explore the feasibility of developing three additional housing programs, including:

  • Exploring the feasibility of developing a Small Lot Subdivision Ordinance. 
  • Exploring the feasibility of developing a program that would facilitate/remove barriers to senior and assisted living housing development. 
  • Exploring the feasibility of expanding the by-right approval program for all sites within the Housing Element Site Inventory, and mixed use and commercial sites, if the developers agree to provide at least 20% affordable housing. 

For each of these efforts, the Board directed staff to identify program options, funding, and resource needs. 

ADU Ownership

On March 13th, 2024, the Board of Supervisors directed staff to evaluate the feasibility of implementing a new state law, AB 1033 , which would permit the sale of Accessory Dwelling Units (ADUs) independent of primary residences. This bill is an opt-in legislation meaning that the County has the option to develop a local ordinance that allows for the sale of ADU as condos.

This bill would allow property owners to build and sell Accessory Dwelling Units (ADUs) as condominiums. This would let two or more distinct parties to legally own discrete parts of the same property without subdividing. The objective is to increase homeownership opportunities by allowing ADU’s to be sold as condos.

Currently under County regulations the separate sale or ownership of an ADU is prohibited, unless the lot is subdivided, creating a separate lot for each dwelling.

Like condominiums, homeowners building ADUs must follow specific rules. Each property will have separate property taxes for the home and the ADU. Each property will have to form a homeowner’s association to assess dues to cover the cost of caring for the property’s exterior and shared spaces, such as the driveway, a pool, or a common roof.

Staff is currently asking for public input on whether the County should develop a local ordinance that allows property owners to build and sell ADUs as condominiums.

Small Lot Subdivisions

Small lot subdivision allows for the development of smaller lot single family homes. The program does not change a site’s density or zoning, rather it provides more options to build housing at affordable price points. The units can be attached or detached, share a common driveway, and allow for reduced setbacks or parking. Small Lot Developments provide first-time buyers the opportunity to access affordable housing within higher price real estate markets.

The County currently does not have an ordinance to allow for small lot development. Applicants are required to obtain approval of a Major Use Permit for a Planned Development subdivision for reductions for lot size, setbacks, Flood Area Ratio, and other developments standards.

Senior Housing and Assisted Living Facilities

Senior housing is a broad term that means any type of living facility for people who have reached the age of retirement. The County zoning ordinance defines a senior citizen as someone 62 years or older. For mobile homes, the zoning ordinance cites the California Civil Code, which lists a “senior homeowner” as someone 55 years or older.  

Assisted living is a facility where older adults live to receive help with the daily tasks of living such as eating, using the restroom, getting dressed, and taking a shower.

The County’s existing Density Bonus Program has an existing Affordable Senior Housing component. This program provides up to a 50% density bonus along with reduced parking requirements; however, very few projects take advantage of the program. There is no current program for assisted living. 

The program objective is to remove existing barriers to allow for more senior & assisted living housing facilities or provide additional incentives to encourage use of the existing program. The desired outcome would be to increase the provision of more affordable and accessible housing for older adults. As part of our initial project steps, we are identifying potential issues through conducting a risk assessment. We will be looking identifying options for project size, incentives, and concessions, and developing new programs. 

County By-Right Program

By-Right programs create a process that involves no discretionary review or hearings to obtain project approval. Under a By-Right process a building permit can be issued if the project meets all objective zoning and design standards in effect at the time the application is submitted. The advantage of this process is that it provides more certainty for the community because projects must meet clear and objective standards to be eligible for the program. For developers, By-Right programs offer a predictable process that makes it easier to start a project and reduce the time and costs associated with project reviews and permit processing.  

The County By-Right program would provide an opportunity for the County to meet its Regional Housing Needs Allocation (RHNA) goals. RHNA is a process where local governments are given a minimum number of new homes to plan for. This allocation covers all income levels, and the County needs to incorporate this minimum number into its Housing Element – a part of its overall housing plan. RHNA sites are identified by considering zoning regulations, environmental considerations, and community input. The County’s Housing Element identified a total of 236 RHNA sites. The objective of this Board directed effort is to identify options for expanding the by-right program to all RHNA sites as well as mixed-use and commercial sites to determine if these locations can be eligible for streamlined ministerial process.  

Past Meetings

Previous Board of Supervisors Hearings