RESOLUTION NO. PC 26-007
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF SAN CLEMENTE, CALIFORNIA, RECOMMENDING
THAT THE CITY COUNCIL APPROVE PUBLIC HEARING
PROJECT (PHP) 26-063, ZONING AMENDMENT (ZA) 26-
064, TO AMEND SAN CLEMENTE MUNICIPAL CODE
SECTIONS 17.28.270, RELATING TO ACCESSORY
DWELLING UNITS (ADUs), AND 17.88.030, RELATING TO
ZONING CODE DEFINITIONS, TO BE CONSISTENT WITH
HOUSING ELEMENT COMMITMENT AND STATE LAW; AND
RECOMMEND FINDING THIS ACTION IS EXEMPT FOM
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
PURSUANT TO PUBLIC RESOURCES CODE (PRC)
SECTION 21080.17 AND CEQA GUIDELINES SECTION
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;” WHEREAS, in late 2025, the California Legislature enacted various 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, on March 4, 2026, the Planning Commission of the City of San Clemente (“Planning Commission”) held a duly noticed public hearing on this Resolution, and continued the hearing to the Regular Planning Commission Meeting of April 22, 2026; and
ATTACHMENT 3
Resolution No. PC 26-007 Page 2
WHEREAS, on April 22, 2026, the Planning Commission considered written and oral comments, and facts and evidence presented by City staff, and other interested parties; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.
NOW, THEREFORE, the Planning Commission of the City of San Clemente does hereby determine, find, and resolve as follows:
Section 1. Incorporation of Recitals.
The Planning Commission hereby finds that all of the facts in the Recitals are true and correct and are incorporated and adopted as findings of the Planning Commission as fully set forth in this resolution.
Section 2. Planning Commission Recommendation.
Based on the entire record, including all written and oral evidence presented to the Planning Commission, and the findings made and evidence discussed in the staff report and this Resolution, the Planning Commission hereby recommends that the City Council adopt an ordinance approving Zoning Amendment 26-064 to amend SCMC sections
17.28.270 and 17.88.030, as set forth in Exhibit A to this Resolution.
PASSED AND ADOPTED at a regular meeting of the City of San Clemente Planning Commission on April 22, 2026.
___________________________________
Cameron Cosgrove, Chair
CERTIFICATION:
I HEREBY CERTIFY this Resolution was adopted at a regular meeting of the City of San Clemente Planning Commission on March 4, 2026, carried by the following roll call vote:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
_______________________________________
Zach Rehm, Secretary of the Planning Commission