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San Juan Capistrano council introduces ordinance to align ADU rules with state law
Summary
The City Council voted May 15 to introduce an ordinance updating local accessory dwelling unit (ADU) regulations to conform with recent state legislation; the introduction passed with three votes in favor and one abstention.
The San Juan Capistrano City Council on May 15 voted to introduce an ordinance amending the city's accessory dwelling unit (ADU) regulations to conform with recent state laws that have limited local ADU restrictions.
Joel Rojas, the city's development services director, told the council the measure updates local code to reflect changes such as how ADU size is measured, fee exemptions for small units and other rules enacted by the Legislature. "Accessory dwelling units, commonly referred to as ADUs, are units that are accessory to our primary residence," Rojas said, summarizing state changes and noting the city approves roughly nine ADUs and two junior ADUs per year.
Why it matters: State statutes enacted since 2019 have steadily restricted local regulation of ADUs to increase housing supply. Rojas said the city must submit any adopted ADU ordinance to the state for review; failure to submit within 60 days can expose local rules to state nullification. He cited AB 462, SB 9 and SB 543 as recent examples that affect measurement, occupancy and fee calculations.
Council members asked how the state review works and what consequences follow if a city's ordinance is found noncompliant. Rojas explained the state reviews submitted local ordinances and can declare a local ADU code null and void if it does not comply; he recommended the council adopt local amendments that track state law.
The council moved to introduce the ordinance and the motion passed with three ayes and one abstention. The clerk read the ordinance title and noted the action was found exempt from the California Environmental Quality Act under Public Resources Code section 21080.17. The ordinance will be forwarded to the state for review and will return to the council after required environmental and procedural steps, including any planning commission consideration.
What's next: Staff will finalize ordinance language, submit the adopted text to the state for review and schedule any required follow‑up hearings.
