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Council initiates code amendment to align ADU rules with new state laws
Summary
San Juan Capistrano council voted unanimously to initiate a code amendment to the city ADU ordinance to implement recent state changes (including AB 462 and bills affecting junior ADUs and combined ADU allowances); staff will draft an ordinance for Planning Commission review.
The City Council voted unanimously on March 3 to start a code amendment process to update San Juan Capistrano's accessory dwelling unit (ADU) regulations to conform with recent state legislation.
Joel Ross, the city's development services director, walked the council through several state bills that have changed ADU rules. He said the city approved 13 ADUs in 2025 (12 of which counted as affordable units for regional housing needs reporting) and that the state has clarified issues including: allowing an ADU certificate of occupancy before the main residence in disaster situations (AB 462), changes to junior ADU residency requirements, clarifications on how interior square footage is calculated for ADUs, and permitting combinations of conversion, detached ADU and junior ADU on a single parcel.
Ross recommended initiating a code amendment to make local regulations consistent with the new state requirements and finding the initiation action exempt from CEQA. Council moved to initiate the amendment, and the motion carried unanimously. Staff will prepare draft ordinance language, bring it to the Planning Commission for input, and then return the commission's recommendation to the council for subsequent action.
