IN THE CITY COUNCIL OF THE CITY OF SAN LEANDRO
ORDINANCE NO. 2026-XXX
ORDINANCE AMENDING SAN LEANDRO ZONING CODE SECTIONS 1.12.108 AND 2.04.388 TO
MODIFY REGULATIONS PERTAINING TO ACCESSORY DWELLING UNITS (ADUS) AND JUNIOR
ACCESSORY DWELLING UNITS (JADUS) TO COMPLY WITH THE REQUIREMENTS OF STATE LAW WHEREAS, the California State Legislature has enacted laws establishing standards for Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) and circumscribed local authority to regulate such units; and
WHEREAS, the California Constitution, Article XI, Section 7, provides cities and counties with the authority to enact ordinances to protect the health, safety, and welfare of their citizens; and WHEREAS, the City updated its ADU and JADU regulations on December 19, 2022 by adopting Ordinance No. 2022-022, which amended Sections 1.12.108 and 2.04.388, of the San Leandro Zoning Code (SLZC) to comply with State law; and
WHEREAS, since the adoption of Ordinance No. 2022-022, the State Legislature has approved, and the Governor has signed into law, a number of 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, the City Council desires to amend the City’s Zoning Code provisions pertaining to ADUs and JADUs to comply with new state law; and
WHEREAS, the amendments would support Housing Element Goals 1 and 2, and Housing Element Programs 7, 13, and 14; and
WHEREAS, on June 4, 2026, the Planning Commission held a duly noticed public hearing to consider the amendments, received a Staff Report and Presentation dated June 4, 2026, took public testimony, deliberated on the item, and voted 7-0 to recommend City Council adoption of the proposed Zoning Code amendments; and
WHEREAS, the City’s General Plan and Zoning Code are incorporated herein by reference and are available for review at City Hall during normal business hours and on the City’s website at any time; and WHEREAS, the amendments are exempt pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15282(h), which exempts the adoption of a local ordinance to implement state ADU and JADU law.
NOW, THEREFORE, the City Council of the City of San Leandro hereby ORDAINS as follows:
Section 1. Recitals. The recitals above are true and correct and, where applicable, are incorporated herein by reference.
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ORDINANCE NO. 2026-XXX 2
Section 2. Findings. The City Council makes the following findings in support of adopting this ordinance, based on the whole of the record:
1. The proposed Zoning Code Amendments are necessary and desirable to achieve the purposes of the Zoning Code because they conform to the requirements of State ADU and JADU law.
2. The proposed Zoning Code Amendments are internally consistent and are consistent with the City's General Plan because they support Housing Element Goals 1 and 2, and Housing Element Programs 7, 13, and 14.
Section 3. Amendments to the Zoning Code. The San Leandro Zoning Code is hereby amended to revise the definitions of “Accessory Dwelling Unit (ADU)” and “Junior Accessory Dwelling Unit (JADU)” in Section 1.12.108 (Definitions) and to repeal and replace Section 2.04.388 (Accessory Dwelling Units) to modify the City’s ADU and JADU regulations, as shown in Exhibit A, attached hereto and incorporated herein by reference.
Section 4. Environmental Review. The passage of this ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) based on CEQA Guidelines Section 15282(h), which exempts the adoption of a local ordinance to implement state ADU and JADU law.
Section 5. Severability. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.
Section 6. Publication and Effective Date. The effective date of this Ordinance shall be 30 days from the date of adoption. The City Clerk shall publish and post this Ordinance in accordance with San Leandro Municipal Code Section 1-1-325.
Introduced at a first reading by Councilmember ______________ on the 19th day of October 2026, and passed to print by the following vote:
AYES: ()
NOES: ()
ABSENT: ()
Passed and adopted the 16th day of November 2026 after publication on Friday, October 30, 2026 by the following vote:
AYES: ()
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ORDINANCE NO. 2026-XXX 3
NOES: ()
ABSENT: ()
ATTEST: _______________________________
Sarah K. Bunting
City Clerk
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