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Planning Commission pauses ADU code update after HCD and advocacy feedback
Summary
City planning staff presented a proposed update to San Clemente’s ADU rules and, citing informal feedback from HCD and a letter from a renter‑advocacy group, asked to continue the public hearing so staff can reconcile state comments; the commission agreed to a continuation for further legal and technical work.
City planning staff presented a draft update to San Clemente’s accessory dwelling unit (ADU) regulations at the Planning Commission’s March 4 meeting and asked for additional time to respond to comments from the California Department of Housing and Community Development (HCD) and public letters.
Araceli, the presenting planner, told the commission that HCD provided informal feedback on how state law treats ADUs and that a written public comment from a renter‑advocacy group raised overlapping concerns about setbacks, parking and historic standards. Araceli said the draft ordinance was modeled on a different jurisdiction’s template and that staff wants time to reconcile HCD’s informal remarks and the public comments before returning with a revised draft.
Commissioners focused questions on two state code sections staff cited (identified in the record as Government Code sections 66323 and 66314), owner‑occupancy rules, objective design standards and how to retain distinctive local character while complying with state law. Commissioner (speaker 3) asked whether the advocacy letter included proposed fixes; staff said the letter suggested clarifications but was not an official HCD submission. Chair Cosgrove encouraged staff to seek legal findings where necessary to preserve objective standards such as setbacks, roof pitch and materials so the city could defend local controls under state law.
Staff recommended continuing the hearing to allow time to respond to HCD and public input; commissioners agreed the topic merits more review and directed staff to return in mid‑April or on a date staff and the commission agree will allow thorough legal review.
Next steps: staff will consult with the city attorney, follow up with HCD as needed, and return to the Planning Commission with a revised draft and supporting findings.
