ORDINANCE NO. 1810
AN ORDINANCE OF THE CITY OF SAN CLEMENTE, CALIFORNIA, APPROVING ZONING AMENDMENT (ZA) 26-064, TO AMEND SAN CLEMENTE MUNICIPAL CODE SECTIONS 17.28.270, RELATING TO ACCESSORY DWELLING UNITS, AND 17.88.030, RELATING TO ZONING CODE DEFINITIONS, TO BE CONSISTENT WITH HOUSING ELEMENT COMMITMENT AND STATE LAW; AND FINDING THIS ACTION IS EXEMPT FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO PUBLIC RESOURCES CODE SECTIONS § 21080.17 AND CEQA GUIDELINES 15282(h) WHEREAS, in 2016, Senate Bill No. 1069 (“SB 1069”), Assembly Bill No. 2299 (“AB 2299”), and Assembly Bill No. 2406 (“AB 2406”) became effective and required all California cities and counties to implement streamlining the permitting process for accessory dwelling units (“ADUs”) and junior accessory dwelling units (“JADUs”); and WHEREAS, on March 5, 2019 the City Council of the City of San Clemente (“City Council”) adopted Ordinance No. 1668, which established the City of San Clemente (“City”)’s ADU ordinance and applicable development standards; and WHEREAS, on December 20, 2022 the City Council adopted Ordinance No. 1742, which amended Section 17.28.270 of the San Clemente Municipal Code (“SCMC”), to comply with further amendments to state ADU laws adopted by the California Legislature under Assembly Bill No. 345 (“AB 345”), Assembly Bill No. 2221 (“AB 2221”), and Senate Bill No. 897 (“SB 897”), regarding allowance of separate sale or conveyance of an ADU and restrictions to ADUs and JADUs; and WHEREAS, in October, 2025, the California Department of Housing and Community Development (HCD) requested that the City update the City’s current ordinance; and WHEREAS, in late 2025, the California Legislature enacted additional bills that further amended state ADU laws, including, Assembly Bill No. 462 (“AB 462”), Assembly Bill No. 1154 (“AB 1154”), Senate Bill No. 9 (“SB 9”); and Senate Bill No. 543 (“SB 543”); and WHEREAS, SCMC sections 17.28.270 and 17.88.030 require amendments in order to comply with state ADU laws, as amended by the above-referenced legislation; and WHEREAS, the City, as Lead Agency, has conducted an environmental review of the proposed Ordinance for compliance with the California Environmental Quality Act (“CEQA”); and; and WHEREAS, on April 22, 2026, the Planning Commission of the City of San Clemente (“Planning Commission”) held a duly noticed public hearing to consider the staff report, recommendations by staff, and public testimony concerning the proposed Zoning Amendment 26-064. Following the public hearing, the Planning Commission voted to forward the Zoning Amendment to the City Council with a recommendation in favor of its adoption; and WHEREAS, the City gave public notice of a City Council public hearing to be held to consider this Ordinance by advertisement in a newspaper of general circulation; and WHEREAS, on June 2, 2026, the City Council held a duly noticed public hearing on this Ordinance, considered the agenda report, including the policy considerations discussed therein, and the written and oral testimony received. The City Council has also reviewed and considered the Planning Commission’s recommendation, and the agenda report and other evidence that was considered by the Commission, in connection with the proposed Zoning Amendment 26-064; and WHEREAS, all other legal prerequisites to the adoption of this Ordinance have occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE DOES HEREBY DETERMINE, FIND, AND ORDAIN AS FOLLOWS:
SECTION 1. Incorporation of Recitals. The recitals above are true and correct and are hereby adopted as findings as if fully set forth herein.
SECTION 2. CEQA Findings.
Based upon its review of the entire record, including the Staff Report, any public comments or testimony presented to the Planning Commission and the City Council, and the facts outlined below, the City Council hereby finds and determines that this Ordinance is exempt from CEQA and not subject to further environmental review pursuant to Public Resources Code (“PRC”) Section 21080.17 and CEQA Guidelines Sections 15282(h) and 15061(b)(3). These authorities provide that adoption of local ordinances to implement Government Code section 66314, relating to the construction of ADUs and JADUs, are exempt from the requirements of CEQA. This Ordinance adopts modifications to the ADU development standards consistent with the land uses and development intensities already analyzed in the previously certified Environmental Impact Report for the Housing Element Update, and to implement the requirements of Government Code section 66314. Therefore, the Project is exempt from CEQA pursuant to PRC Sec. 21080.17 and Guidelines Section 15282(h).
Additionally, the Ordinance is exempt from CEQA review by the general rule that CEQA applies only to projects which have the potential to cause a significant effect on the environment, and where it can be seen with certainty that there is no possibility that the project may have a significant effect on the environment, the Ordinance is not subject to CEQA per Guidelines Section 15061(b)(3). The zoning amendments involve a policy action that is administrative in nature, related to the requirements to implement the Housing Element Programs. Therefore, it can be seen with certainty that there is no possibility that this Ordinance may have a significant effect on the environment and is exempt from CEQA.
SECTION 3. Zoning Amendment Findings. With respect to Zoning Amendment (ZA) 26-064, amending SCMC section 17.28.270 and 17.88.030 as set forth in Attachment 1 to this Ordinance, attached hereto and incorporated herein by this reference, the City Council finds as follows, in accordance with SCMC section 17.16.040:
The proposed amendment is consistent with the General Plan.
The 6th Cycle Housing Element is a component if the General Plan, including the Housing Action Plan goal to provide adequate opportunities for new housing for people of all economic levels and those with special needs.
Program 8 of the Housing Action Plan of the City’s 6th Cycle Housing Element addresses Accessory Dwelling Units and facilitation of construction of new ADUs which will count towards the City’s Regional Housing Needs Assessment goal.
Program 14 of the Housing Action Plan of the City’s 6th Cycle Housing Element specifically mandates that the City address and remove governmental constraints affecting the maintenance, improvement, and development of housing. This includes removing constraints for the development of Accessory Dwelling Units.
The proposed amendment will not adversely affect the public health, safety, and welfare.
The amendment meets community needs and conditions within the limitations set by State law.
The project reflects the City’s review, direction, and independent judgement regarding land use.
The project is consistent with the City’s 6th Cycle Housing Element, whereby the City Council determined that the implementation of the Housing Element Programs will not adversely impact the public health, safety, and welfare.
SECTION 4. Zoning Amendment 26-064. The City Council hereby approves Zoning Amendment (ZA) 26-064, amends Sections 17.28.270 and 17.88.030 of the San Clemente Municipal Code as set forth in Exhibits A and B, respectively, to this Ordinance, which are fully incorporated herein by this reference.
SECTION 5. Records. The documents and materials associated with this Ordinance that constitute the record of proceedings on which the City Council's findings and determinations are based are located at City Hall, 910 Calle Negocio, San Clemente, CA 92673. The custodian of these records is the City Clerk.
SECTION 6. Severability. If any section, sentence, clause or phrase of this Ordinance or the application thereof to any entity, person or circumstance is held for any reason to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications of this Ordinance that can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The City Council hereby declares that it would have adopted this Ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
SECTION 7. Effective Date. This Ordinance shall become effective 30 days after its adoption.
SECTION 8. Reference to Existing Provisions. All existing provisions of the Municipal Code that are repeated herein are repeated only to aid decision-makers and the public in understanding the effect of the proposed changes. Restatement of existing provisions does not constitute a new enactment.
SECTION 9. Certification and Publication. The City Clerk shall certify to the passage of this Ordinance and cause the same to be published as required by law.
APPROVED AND ADOPTED this _____day of _________________, ________.
ATTEST:
_______________________________ ___________________________ Laura Campagnolo, City Clerk of the City Rick Loeffler, Mayor of the City of of San Clemente, California San Clemente, California
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, hereby certify that Ordinance No. 1810 having been regularly introduced at the meeting of _______________________, was again introduced, the reading in full thereof unanimously waived, and duly passed and adopted at a regular meeting of the City Council held on the _____day of _____________, _______, and said ordinance was adopted by the following vote:
AYES:
NOES:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _____ day of ______________________, ________. __________________________
CITY CLERK of the City of
San Clemente, California
APPROVED AS TO FORM:
__________________________
Elizabeth A. Mitchell, City Attorney
4932-3525-7262 v1
Ordinance No. 1810 Page 2
Attachment 1