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San Clemente ADU rules

Research summary of what we found for City of San Clemente in Orange County. Not a determination for a specific lot.

City or county ADU page

San Clemente Planning department. No ADU-specific page was found.

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How big can an ADU be in San Clemente?

Maximum size

An attached or detached ADU may have up to 850 sq ft of interior livable space for a studio or one bedroom, or 1,000 sq ft for two or more bedrooms. These limits do not apply to an ADU converted from existing space of a home or accessory structure. Other standards may reduce the size, but setbacks, floor area, open space or site coverage cannot reduce an ADU below 800 sq ft when there is no other way to comply. Basement or other non-living area used for an ADU does not count toward the floor area limit.

Source: San Clemente Municipal Code § 17.28.270 Accessory Dwelling Units, as amended by Ordinance 1810 (Municode), § 17.28.270(E)(4)-(5), accessed 2026-11-03.

ADU setbacks in San Clemente

Setbacks

New attached and detached ADUs need at least 4 ft from side lot lines and from rear lot lines that do not abut an alley (less if the zone allows less). The zone's front setback applies unless it would physically prevent a qualifying ADU. No added setback is needed for a conversion of existing space, garage or carport, or for a same-size rebuild in the same footprint. On a lot that abuts a property on the California Register of Historical Resources, the ADU must sit outside the front yard setback unless there is no other room for an 800 sq ft ADU.

Source: San Clemente Municipal Code § 17.28.270 Accessory Dwelling Units, as amended by Ordinance 1810 (Municode), § 17.28.270(E)(2), (H), accessed 2026-11-03.

What we found for San Clemente

What we have for this place. Where a local figure is stricter than the California state baseline, both are shown.

Coastal Zone

Parts of San Clemente near the shore are in the Coastal Zone. There, an ADU also needs a coastal development permit from the California Coastal Commission before the City issues permits: you first apply to the City for an in-concept review, then to the Coastal Commission. In the Coastal Zone, parking can also be required for an ADU built with a new home, and garage or carport spaces removed for an ADU may have to be replaced. This lookup cannot tell whether a parcel is in the Coastal Zone; check with the Planning Division.

Source: City of San Clemente, ADU Development Standards handout, Review Process, step 1, accessed 2026-11-03.

Local ADU rules

San Clemente's ADU rules are in Municipal Code section 17.28.270, rewritten by Ordinance 1810 (adopted June 16, 2026, in effect 30 days later) to follow state ADU law. ADUs and JADUs need a building permit and are reviewed under state law (Gov. Code §§ 66317 and 66335), without a hearing. ADUs of the types listed in Gov. Code § 66323 are not held to local standards that conflict with that section.

Source: San Clemente Municipal Code § 17.28.270 Accessory Dwelling Units, as amended by Ordinance 1810 (Municode), § 17.28.270(C), (J), (K), accessed 2026-11-03.

Number and types of ADUs

On a lot with a single-family home: one attached or converted ADU (an accessory structure may grow up to 150 sq ft for entry and exit), one new detached ADU, one converted detached accessory structure, and one JADU. These may be combined. On a lot with an existing multifamily building: converted ADUs in non-livable space (at least one, up to 25% of the existing units) and up to 8 detached ADUs, not more than the number of existing units. On a lot with a proposed multifamily building: up to 2 detached ADUs. JADUs are not allowed on multifamily lots.

Source: San Clemente Municipal Code § 17.28.270 Accessory Dwelling Units, as amended by Ordinance 1810 (Municode), § 17.28.270(D), accessed 2026-11-03.

Height

A detached ADU may be 16 ft. It may be 18 ft on a lot with a multistory multifamily building, or within a half mile walk of a major transit stop or high-quality transit corridor, where 2 more ft are allowed to match the main home's roof pitch. An ADU over a detached garage may be two stories, up to the zone's height limit, if it meets the zone's setbacks and the main home meets parking standards. An attached ADU, or one inside the home, follows the zone's height limit.

Source: San Clemente Municipal Code § 17.28.270 Accessory Dwelling Units, as amended by Ordinance 1810 (Municode), § 17.28.270(E)(3), accessed 2026-11-03.

Parking

One parking space per ADU, which may be tandem or on an existing driveway. No space is needed for a JADU; for an ADU inside a new home or converted from existing space of a home or accessory structure; within a half mile walk of public transit (including SC Rides pickup spots); in a historic district or the City's Architecture overlay; where on-street permits are required but not offered; or within one block of a car share vehicle. Outside the Coastal Zone, no space is needed for an ADU filed with a new home, and garage or carport spaces removed for an ADU do not have to be replaced.

Source: San Clemente Municipal Code § 17.28.270 Accessory Dwelling Units, as amended by Ordinance 1810 (Municode), § 17.28.270(E)(9), accessed 2026-11-03.

Junior ADUs

One JADU of up to 500 sq ft of interior livable space is allowed inside a proposed or existing single-family home (an attached garage counts), with an efficiency kitchen and its own exterior entrance. It may be added along with an ADU. The owner must live on the property only if the JADU shares a bathroom with the home. A deed restriction must be recorded before the building permit is issued.

Source: San Clemente Municipal Code § 17.28.270 Accessory Dwelling Units, as amended by Ordinance 1810 (Municode), § 17.28.270(D)(6), (E)(4)(d), (G)(3)-(4), accessed 2026-11-03.

Fees, utilities and renting

No impact or connection fee for an ADU with less than 750 sq ft of interior livable space; larger ADUs pay in proportion to the main home's size. An ADU built with a new home needs its own utility connection; an ADU created inside a home does not. Fire sprinklers are needed only if the main home needs them. ADUs and JADUs may not be rented for 30 days or less, and may not be sold separately except as state law allows (Gov. Code § 66341).

Source: San Clemente Municipal Code § 17.28.270 Accessory Dwelling Units, as amended by Ordinance 1810 (Municode), § 17.28.270(E)(6), (F), (G)(1)-(2), accessed 2026-11-03.

State housing department (HCD) review

On October 14, 2025, HCD found that San Clemente's earlier ADU ordinance (Ordinance 1742, December 2022) did not comply with state ADU law on several points, including limits on combining ADU types, the cap of two detached ADUs on multifamily lots, height near transit, owner occupancy, deed restrictions on ADUs, car share parking wording, design matching rules and legalizing older unpermitted units. The City had until November 13, 2025 to respond. It then adopted Ordinance 1810 in June 2026, which replaced the section. Confirm the current rules with the City of San Clemente.

Source: HCD ordinance review letter, City of San Clemente, Letter of October 14, 2025, accessed 2026-11-03.

California state rules

The statewide baseline recorded from state law and the HCD ADU Handbook.

Detached size cap described in state law

1,200 sq ft. From Government Code section 66314.

Source: California Government Code section 66314, 66314, accessed 2026-10-16.

Side and rear setback cap for a new ADU

4 ft. From Government Code section 66314, which describes a cap on side and rear setbacks for a new ADU.

Source: California Government Code section 66314, 66314, accessed 2026-10-16.

Setback for a conversion of an existing structure

No additional setback, from Government Code section 66314 for a conversion of an existing structure.

Source: California Government Code section 66314, 66314, accessed 2026-10-16.

Minimum lot size

A city may not impose a minimum lot size for an ADU, from Government Code section 66314.

Source: California Government Code section 66314, 66314, accessed 2026-10-16.

Minimum unit the handbook says cities must allow

At least an 800 sq ft ADU with 4 ft side and rear setbacks. The HCD ADU Handbook (updated March 2026) describes this under section 66321(b)(3).

Source: HCD ADU Handbook, 66321(b)(3); handbook updated March 2026, accessed 2026-10-16.

Detached height described in the handbook

16 ft, or 18 ft or 20 ft in some cases. The HCD ADU Handbook (updated March 2026) describes this under section 66321(b)(4).

Source: HCD ADU Handbook, 66321(b)(4); handbook updated March 2026, accessed 2026-10-16.

Permit decision deadline

60 days. From Government Code section 66317(a)(3): the permitting agency must decide on (approve or deny) a completed ADU application within 60 days when an existing single-family or multifamily dwelling is on the lot. Section 66317(a)(1) says the application is considered ministerially, without discretionary review or a hearing.

Source: California Government Code section 66317, 66317(a)(1), (a)(3), accessed 2026-10-17.

Owner-occupancy requirement

None. From Government Code section 66315: a local agency may not impose an owner-occupancy requirement on an ADU. It may require that the property be used for rentals of terms 30 days or longer. The HCD ADU Handbook (updated March 2026) describes the same rule.

Source: California Government Code section 66315, 66315; HCD ADU Handbook updated March 2026, accessed 2026-10-17.

Parking near public transit

No parking standards within one-half mile walking distance of public transit. From Government Code section 66322(a)(1). Section 66322(a) lists several other cases where parking standards may not be imposed.

Source: California Government Code section 66322, 66322(a), accessed 2026-10-17.

Ministerial categories

The HCD ADU Handbook (updated March 2026) states that Government Code section 66323 sets four ministerial categories. What we have does not restate those four categories.

Source: HCD ADU Handbook, 66323; handbook updated March 2026, accessed 2026-10-16.

Fire Hazard Severity Zones

If your lot is in a Fire Hazard Severity Zone, the CAL FIRE Office of the State Fire Marshal says in Information Bulletin 25-004 (issued March 3, 2025): “Fire Hazard Severity Zones (FHSZs) should not restrict the development of Accessory Dwelling Units (ADUs). However, additional building standards may be necessary, including but not limited to California Fire Code Chapter 49 and California Building Code Chapter 7A.” State ADU law does not itself bar an ADU there. A city or county may still apply its building code, including wildfire-resistant construction (Gov. Code 66314(d)(8)); require side and rear setbacks “sufficient for fire and safety” for a unit converted under 66323(a)(1); and decline parking in setbacks on specific fire and life safety findings (66314(d)(10)(B)). It may also consider public safety when it designates where ADUs may be permitted (66314(a)). Sprinklers can't be required in an ADU or JADU if the primary residence doesn't need them (66314(d)(12), 66323(d)). Some cities and counties still apply their own fire-zone limits. Where this summary has one, it is listed with the local rules. This summary does not look up your lot. Check the CAL FIRE Fire Hazard Severity Zone map viewer linked from the State Fire Marshal's Fire Hazard Severity Zones page: https://experience.arcgis.com/experience/5065c998b4b0462f9ec3c6c226c610a9

Source: CAL FIRE Office of the State Fire Marshal Information Bulletin 25-004, page 4, issued March 3, 2025; Gov. Code 66314, 66323, accessed 2026-10-20.

Starting January 1, 2027: two detached ADUs

Starting January 1, 2027, AB 956 (Chapter 791, Statutes of 2026) raises from one to two the number of new detached ADUs a city or county must allow, without discretionary review, on a lot with a proposed or existing single-family home (Gov. Code 66323(a)). Each may be held to 800 sq ft, 4 ft side and rear setbacks and the state height limits. The city or county does not have to also allow a JADU on a lot where two new detached ADUs have been built. AB 956 also makes HOA and deed rules that effectively prohibit or unreasonably restrict an ADU or JADU void on any lot zoned to allow a single-family home, not only lots zoned for single-family use (Civil Code 4751 and 714.3).

Source: AB 956 (2025-2026), Chapter 791, Statutes of 2026, Gov. Code 66323; Civil Code 714.3, 4751; signed September 29, 2026, accessed 2026-11-03.

Starting January 1, 2027: impact fees above 750 sq ft

No impact fee may be charged on an ADU of 750 sq ft or less, or a JADU of 500 sq ft or less (Gov. Code 66311.5(c)). Starting January 1, 2027, SB 1117 (Chapter 809, Statutes of 2026) changes how fees are figured for larger ADUs: for up to two ADUs on a lot, the proportional impact fee is charged only on the interior livable space above 750 sq ft. On a lot with more than two ADUs, the fee stays proportional to the whole ADU. Utility connection fees and capacity charges are not changed.

Source: SB 1117 (2025-2026), Chapter 809, Statutes of 2026, Gov. Code 66311.5(c); signed September 29, 2026, accessed 2026-11-03.

State baseline on the directory → · State ADU rules on the homepage →

ADU rules near San Clemente

Can I build an ADU in San Clemente?

State law sets a baseline for ADUs in San Clemente, and what we found locally is listed on this page. Whether a specific lot can add an ADU depends on zoning, utilities, and other site facts this page does not measure. Confirm with the City of San Clemente Community Development Department (Planning Division), or run a free address summary.

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