Title
First Reading of an Ordinance Amending 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) to Conform with the Requirements of State Law (ZCA26-002)
Staffreport
COUNCIL PRIORITY
Housing and Homelessness
SUMMARY AND RECOMMENDATIONS
The City Council last updated the City’s Accessory Dwelling Unit (ADU) and Junior Accessory Dwelling Unit (JADU) regulations in December 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 meet the new requirements of state law.
Staff recommend that the City Council introduce an Ordinance amending the Zoning Code to bring the City’s ADU/JADU regulations into conformance with the requirements of state law.
BACKGROUND
ADUs are identified in the City’s Housing Element as an important tool for addressing the community’s housing needs. The City has taken numerous steps to reduce barriers to ADU development, including waiving development impact fees and conducting promotional efforts.
The proposed Zoning Code amendments build on these efforts by updating local regulations to reflect recent changes in state law. One of the most significant changes to state law was established by Senate Bill (SB) 9 (2025). SB 9 strengthened enforcement of state ADU law. Under SB 9, a local ADU ordinance is null and void if the local agency fails to submit the ordinance to the California Department of Housing and Community Development (HCD) within 60 days of adoption or fails to respond within 30 days to HCD findings that the ordinance does not comply with state law.
The other ADU/JADU bills that were recently signed into state law are summarized in Attachment C.
STAFF ANALYSIS
HCD Review
As required under SB 9, following adoption of the Ordinance, the amendments must be submitted to State HCD for review within 60 days of adoption. To facilitate HCD review, the proposed Ordinance restructures the City’s ADU/JADU regulations to mirror the organization, language, and wording in state law as closely as possible.
Proposed Changes to Existing ADU/JADU Regulations
Proposed changes to the City’s existing ADU/JADU regulations are required to comply with State law. Because these requirements are already in effect under state law, staff reviews ADU and JADU applications based on these new requirements. The adoption of the proposed code amendments would not affect the way ADUs and JADUs are currently being reviewed by City staff. It would merely codify the new state requirements.
The substantive changes to the City’s ADU/JADU regulations are summarized below.
• Definitions. Definitions for ADUs and JADUs amended to align with State law. Definitions for Repurposed ADUs deleted.
• Single-Family Lots - Number of ADUs. Clarifies that up to three ADUs and one JADU may be created on a single-family lot under specific conditions.
• Multi-Family Lots - Number of ADUs. Expands the maximum number of detached ADUs allowed on a lot with a multi-family development from two to eight (up to, not to exceed the number of existing units).
• Review Timeline. Specifies that the City has 15 business days to determine whether an application is complete.
• Resubmittal Scope Limitation. Specifies that, following the initial incomplete letter, the City may not require the application to include any item that was not identified on the original incompleteness list.
• Appeal Process. Provides applicants with an ADU or JADU application that is denied or determined to be incomplete the ability to appeal the decision to the Planning Commission. A written determination must be provided within 60 business days after receipt of the written appeal.
• Amnesty. Prohibits denial of a permit for an unpermitted ADU or JADU that was constructed before January 1, 2020 unless the Chief Building Official makes a finding that correcting the violation is necessary to comply with conditions that would otherwise deem a building substandard.
• JADU Owner Occupancy. Specifies that owner occupancy for a JADU is only required when there are shared sanitation facilities with the main unit.
• Size Calculations. Revises size limitations to be based on interior livable space.
• 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.
• Fire Sprinklers. Clarifies that fire sprinklers are not required for an ADU or JADU if the primary residence does not have fire sprinklers and that the construction of an ADU or JADU cannot trigger a requirement for fire sprinklers in the existing primary dwelling.
GENERAL PLAN CONFORMANCE
The proposed amendments would be consistent with the following General Plan 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.
PLANNING COMMISSION ACTION
On June 4, 2026, the Planning Commission held a duly noticed public hearing and voted 7-0 to recommend City Council adoption of the Zoning Code amendments. The Commissioners asked clarifying questions and did not make any modifications to the proposed amendments.
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 October 9, 2026. As of the publication of this staff report, no public comments have been received.
FINANCIAL IMPACTS
There will be no fiscal impact to the City’s General Fund as a result of adopting the proposed Ordinance. Review of permit applications for ADUs and JADUs is funded through existing permit fees.
ATTACHMENTS
• A: Draft Ordinance Amending ADU/JADU Regulations
o Exhibit A: Amendments to Zoning Code
• B: Existing ADU/JADU Regulations (to be repealed and replaced)
• C: Summary of Recent State ADU Bills
PREPARED BY:
Binh Nguyen, Associate Planner, Community Development Department