Title
ZCA26-002, Consideration of a Resolution recommending the City Council amend 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).
Staffreport
SUMMARY AND RECOMMENDATIONS
The City Council last updated the City’s Accessory Dwelling Unit (ADU) and Junior Accessory Dwelling Unit (JADU) regulations in 2022. Since then, the State legislature has amended ADU/JADU law multiple times to further incentivize the production of these units. Amendments to the San Leandro Zoning Code are necessary to conform the City’s ADU/JADU regulations with the new requirements of state law.
Staff recommends that the Planning Commission adopt a Resolution (Attachment 1) recommending that the City Council adopt the proposed Zoning Code amendments (Attachment 1, Exhibit A) to meet the requirements of state law.
BACKGROUND
ADUs are identified in the City’s Housing Element as an important housing type for addressing the community’s housing needs. ADUs can be built on existing residential lots without acquiring new land, making them among the most cost-effective forms of new housing. They provide options for multigenerational households, enable homeowners to generate rental income, and add affordable units to the housing stock in established neighborhoods with access to transit, jobs, and services. The City has consistently sought to remove barriers to their development (including waiving development impact fees, eliminating parking requirements, and engaging in promotional efforts). The proposed Zoning Code amendments continues that commitment by updating the City’s regulations to reflect recent changes in state law and maintain a local framework that is clear, streamlined, and supportive of ADU production.
Following adoption of the Zoning Code amendments, staff is required to submit the amendments to the State Department of Housing and Community Development (HCD) for review and approval.
Recent Changes in State ADU and JADU Law
Several recent changes to State law require cities to update their ADU and JADU ordinances. The changes to state law include the following:
• Assembly Bill (AB) 1154 - Provides that owner occupancy is only required when a JADU shares sanitation facilities with the main house.
• AB 2533 - Expands the amnesty program for previously unpermitted ADUs built before January 2020.
• Senate Bill (SB) 9 (2025) - Requires local ADU ordinances to be consistent with state ADU law; if a local agency fails to provide HCD a copy of a new or amended ADU ordinance within 60 days of adoption, or fails to respond to HCD’s deficiency findings within 30 days, the ordinance is deemed null and void as a matter of law.
• SB 543 - Enacts new ADU processing requirements including a 15-business-day completeness review, a formal appeal process, and clarifies that a single-family lot may have a detached ADU, a conversion ADU, and a JADU concurrently.
• SB 1211 - Expands ADU allowances on existing multifamily properties to include conversion ADUs in non-livable space (up to 25% of existing units) and up to eight detached ADUs (capped at the number of existing units on the lot).
STAFF ANALYSIS
The proposed updated ADU/JADU regulations have been structured to closely follow the language and wording in state law to ensure that all required items are included. The significant changes to the City’s regulations are noted below. Since the proposed amendments are active requirements of state law, staff has already been reviewing ADU and JADU applications based on these requirements. The adoption of the proposed code amendments would not affect the way ADUs and JADUs are currently being reviewed by City staff.
Single-Family Lots - Number of ADUs
Clarifies that multiple ADUs and a JADU may be created on a single-family lot
• One standard ADU subject to the City’s normal ADU rules
• One conversion ADU created from existing space, such as part of the house or an accessory structure (Section 66323)
• One detached ADU up to 800 square feet and not subject to front setbacks
• One JADU, which must be created from space in the main home or attached garage
Multi-Family Lots - Number of ADUs
Expands the number of detached ADUs allowed on a lot with a multi-family development.
• Up to eight detached ADUs on a lot with an existing multi-family development
• The number of detached ADUs on a lot with a proposed multi-family development remains the same at two ADUs
• The number of converted ADUs remains the same at 25%
Review Timeline
Enacts a shorter review timeline. The City now has 15 business days in which to provide written comments and must approve or deny the application within 60 business days
Appeal Process
Provides applicants with a denied ADU or JADU project with the ability to appeal the decision to the City Council. A written determination on the appeal must be provided within 60 days.
Homeowners Association (HOA) Non-Interference
Codifies that no HOA review, approval, or comment may be required as a condition of City approval of any ADU or JADU application.
Resubmittal Scope Limitation
Specifies that, when an applicant resubmits an ADU or JADU application after receiving an incompleteness notice, the City may not require the application to include any item that was not identified on the original incompleteness list.
Multi-Family Dwelling Definition
Clarifies that, for purposes of ADU law, a “Multi-Family Dwelling” means a structure with two or more attached dwellings on a single lot. Multiple detached single-family dwellings on the same lot are not considered a multi-family dwelling. This distinction determines which set of ADU rules applies and is relevant for older lots or flag lots that may include more than one detached residential structure.
GENERAL PLAN CONFORMANCE
The City’s General Plan recognizes ADUs and JADUs as an important area of opportunity to add additional dwelling units to the City’s housing stock.
The proposed amendments would be consistent with the following goals and programs.
• Housing Element Goal 1: Increase Housing Production by Providing Adequate Sites for a Variety of Housing Types and Removing Constraints to Residential Development
• Housing Element Goal 2: Assist the Development of Housing Affordable to Extremely Low-, Very Low-, Low-, and Moderate-Income Levels and populations with Special Needs
• Housing Element Program 7: Support New Moderate-Income and Workforce Housing
• Housing Element Program 13: Incentivize and Track the Development of Accessory Dwelling Units (also known as ADUs, Casitas, In-law Units, Granny Flats)
• Housing Element Program 14: Remove Barriers to Housing by Updating Development Standards and Development Review Process
ENVIRONMENTAL REVIEW
The proposed Zoning Code amendments are statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15282(h), which exempts the adoption of an ordinance regarding second units in a single-family or multifamily residential zone.
PUBLIC OUTREACH
A notice of public hearing was published for this update in the East Bay Times Daily Review newspaper and posted at City Hall on Friday, May 22, 2026. As of the publication of this staff report, no comments have been received.
RECOMMENDATION
Staff recommends the Planning Commission receive this report and any public comments on the updates and recommend that City Council adopt the proposed Zoning Code amendments shown in Attachment A.
ATTACHMENTS
Attachment 1: PC Resolution No. 2026-XX
Exhibit A: Amendments to Zoning Code (Clean Version)
Attachment 2: Existing ADU/JADU Regulations (to be repealed and replaced)
PREPARED BY:
Binh Nguyen
Associate Planner
Planning Division