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Ordinance 25-14
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URGENCY ORDINANCE NO. 25-14
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SAN JACINTO REPEALING AND
REPLACING SECTION 17.405.060 OF THE SAN JACINTO
MUNICIPAL CODE RELATING TO ACCESSORY
DWELLING UNITS AND JUNIOR ACCESSORY DWELLING
UNITS TO COMPLY WITH RECENT CHANGES IN STATE
LAW, AND FINDING THE ACTION TO BE STATUTORILY
EXEMPT FROM CEQA UNDER PUBLIC RESOURCES
CODE § 21080.17
WHEREAS, the City of San Jacinto, California (“City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, state law authorizes cities to act by ordinance to provide for the creation and regulation of accessory dwelling units (“ADUs”) and junior accessory dwelling units (“JADUs”); and
WHEREAS, in recent years, the California Legislature has approved, and the Governor has signed into law, numerous bills that, among other things, amend various sections of the Government Code to impose new limits on local authority to regulate ADUs and JADUs; and
WHEREAS, in 2025, the California Legislature approved, and the Governor signed into law, further amendments to state ADU law; and
WHEREAS, new updates to state ADU law take effect January 1, 2026, and for the City’s ADU ordinance to remain valid, it must be amended to reflect the most recent changes to state law; and
WHEREAS, the City desires to amend its local regulatory scheme for the construction of ADUs and JADUs to reflect the most recent changes to state law; and WHEREAS, there is a current and immediate threat to the public health, safety, or welfare based on the passage of bills updating state ADU law because if the City’s ordinance does not comply with this legislation by January 1, 2026 — and the City’s ADU ordinance becomes null and void in its entirety — the City would be required to approve ADUs and JADUs in accordance with the few default standards that are imposed by Chapter 13 of Division 1 of Title 7 of the California Government Code, which is the state ADU law; and
WHEREAS, the approval of ADUs and JADUs based solely on the default statutory standards, without local regulations governing height, setback, landscape, and architectural review, among other things, would threaten the character of existing neighborhoods, and negatively impact property values, personal privacy, and fire safety. 93939.00066\44316086.2
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These threats to public safety, health, and welfare justify adoption of this Ordinance as an urgency ordinance, to be effective immediately upon adoption by a four-fifths vote of the City Council; and
WHEREAS, to protect the public safety, health, and welfare, the City Council may adopt this Ordinance as an urgency measure in accordance with Government Code section 36937, subdivision (b).
NOW, THEREFORE, the City Council of the City of San Jacinto does ordain as follows:
Section 1. Incorporation. The recitals above are each incorporated by reference and adopted as findings by the City Council.
Section 2. CEQA. Under California Public Resources Code section 21080.17, the California Environmental Quality Act (“CEQA”) does not apply to the adoption of an ordinance by a city or county implementing the provisions of Article 2 of Chapter 13 of Division 1 of Title 7 of the California Government Code, which is California’s ADU law.
Therefore, adoption of the urgency Ordinance is statutorily exempt from CEQA in that it implements state ADU law.
Section 3. General Plan. The City Council hereby finds that the adoption of the urgency Ordinance is consistent with the General Plan as a matter of law under Government Code section 66314(c).
Section 4. Code Amendment. Section 17.045.060 of the San Jacinto Municipal Code is hereby repealed and replaced to read as provided in Exhibit “A,” attached hereto and incorporated herein by reference.
Section 5. Effective Date. This Ordinance takes effect January 1, 2026.
Section 6. HCD Submittal. In accordance with Government Code sections 66326 and 66333.5, the City Clerk is directed to submit a copy of this Ordinance to the California Department of Housing and Community Development within 60 days after adoption.
Section 7. Publication. The City Clerk certifies that this Ordinance was adopted by the City Council at a regular meeting on December 2, 2025.
Section 8. Custodian of Records. The custodian of records for this Ordinance is the City Clerk and the records comprising the administrative record are located at 595 S.
San Jacinto Avenue, San Jacinto, CA 92583
Section 9. Severability. If any provision of this Ordinance or its application to any person or circumstance is held to be invalid by a court of competent jurisdiction, such 93939.00066\44316086.2
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invalidity has no effect on the other provisions or applications of the Ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this Ordinance are severable. The City Council declares that it would have adopted this Ordinance irrespective of the invalidity of any portion thereof.
Introduced at a regular meeting of the City Council on the 2 nd day of December 2025.
PASSED APPROVED, AND ADOPTED at a regular meeting of the City Council on the 2
nd Day of December 2025, by the following vote.
AYES:
NAYS:
ABSENT:
ABSTAIN:
CITY OF SAN JACINTO:
___________________________
by Valerie Vandever, Mayor
ATTEST:
_________________________
Julia Espinoza, City Clerk
APPROVED AS TO FORM:
BEST BEST & KRIEGER LLP
__________________________
Craig Hayes, City Attorney
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE) SS
CITY OF SAN JACINTO)
I, Julia Espinoza, duly appointed City Clerk of the City of San Jacinto, do hereby certify that the foregoing Urgency Ordinance No. 25-14 was introduced, passed, approved, and adopted by the City Council of the City of San Jacinto, California, at a regular meeting of the City Council held on the 2
nd day of December, 2025:
AYES:
NAYS:
ABSENT:
ABSTAIN:
WITNESS MY HAND AND SEAL the 2
nd day of December 2025.
_____________________________
Julia Espinoza, City Clerk
City of San Jacinto
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EXHIBIT A
Amended ADU Regulations
(follows this page)