TO: ADAM PIRRIE, CITY MANAGER
FROM: SHELLEY DESAUTELS, CITY CLERK
DATE: JULY 14, 2026
Reviewed by:
City Manager: AP
SUBJECT:
Title
ADOPTION OF AN ORDINANCE AMENDING THE CLAREMONT MUNICIPAL CODE PERTAINING TO ACCESSORY DWELLING UNITS
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SUMMARY
In response to a December 2025 request from the California Department of Housing and Community (HCD), the City has initiated a proposed amendment to the Claremont Municipal Code (CMC) pertaining to Accessory Dwelling Units (ADUs). The amendment is intended to incorporate a large number of revisions to California State ADU law designed to encourage and expand the construction of ADUs.
After extensive public comment and participation by both the Planning Commission and Architectural and Preservation Commission during 2018 and 2019, the City Council approved a major revision to the City’s existing ADU Ordinance designed to address State code revisions, codified as Chapter 16.333. As the City’s new Ordinance was first taking effect, the State Legislature passed a number of additional revisions to ADU law that went into effect at the beginning of 2020. In response, the City revised its ADU Ordinance once again to address the new mandates (“2020 Revise”). The new State revisions allowed for more and larger ADUs than were previously permitted and compelled the City to further amend the CMC to comply with new legal requirements. Those changes were incorporated into the previously approved Chapter 16.333, which is now being further updated to address additional changes to State ADU law that have been passed on an annual basis since 2020.
The current proposal for revising the City’s ADU Ordinance seeks to preserve the intent of the original CMC Chapter 16.333 to the greatest extent possible, due to the extensive community deliberation that went into drafting it. However, the amount of City discretion regarding ADUs has been considerably eroded by changes in State law. The new changes include, but are not limited to, renumbering of State Code references, stricter time limits for approving ADU applications; permitting of more units on some lots and taller ADUs on most residential and mixed use lots; clarifications in the permissible location, height and floor area of ADU’s and Junior Accessory Dwelling Units (JADUs) on properties zoned for residential use; and revising how ADUs are permitted on properties zoned for multifamily use.
On May 19, 2026, the Planning Commission reviewed the draft ordinance, made minor revisions to add clarity and correct a typographical error and adopted a resolution recommending City Council approval. With the understanding of the relative lack of flexibility afforded to the City as a result of new legal requirements, the City Council is now being asked to approve the proposed draft ordinance (Attachment), which would amend CMC Chapter 16.333 - Accessory Dwelling Units to comply with current State ADU Law.
On June 23, 2026, the City Council conducted a public hearing, after which, the proposed Ordinance was placed on first reading, and the finding was made that the item is exempt from environmental review under the California Environmental Quality Act (CEQA).
RECOMMENDATION
Recommended Action
Staff recommends the City Council waive further reading and adopt AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CLAREMONT, CALIFORNIA, AMENDING EXISTING MUNICIPAL CODE CHAPTER 16.333 - ACCESSORY DWELLING UNITS (24-CA01).
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ALTERNATIVES TO RECOMMENDATION
In addition to the above recommendation, there are the following alternatives:
A. Make changes to the draft ordinance and remand it back to the Planning Commission for additional review and recommendation.
B. Continue the item for additional information and schedule the proposed code amendment for review at a future City Council meeting.
FINANCIAL REVIEW
The cost to review the HCD request letter and prepare and review the draft Code Amendment pertaining to ADUs (24-CA01) is estimated at $7,900 and is included in the operating budget of the Community Development Department.
ANALYSIS
Background
Accessory Dwelling Units, or “ADUs”, are secondary, independent facilities located on a property having a residential unit or units. Significant legislation passed at the State level in 2016, 2016, 2017, 2018, and 2019 that prompted the City to initiate ADU code amendments in 2019 and 2020. Since the 2020 code amendment, The State Legislature has continued to pass additional changes to ADU law on an annual basis including:
• Senate Bill 1030 (effective September 25, 2020);
• Senate Bill 1371 and Assembly Bill 3182 (both effective January 1, 2021);
• Assembly Bill 345 (effective January 1, 2022);
• Assembly Bill 2221 and Senate Bill 897 (both effective January 1, 2023);
• Assembly Bills 976 and 1033 (both effective January 1, 2024);
• Senate Bill 477 (effective March 25, 2024);
• Assembly Bills 834 and 1211 (effective January 1, 2025); and
• Senate Bill 543 and Assembly Bill 1170 (effective January 1, 2026);
The 2019 major ADU revision (Ordinance #2019-07) was crafted over the course of many months with considerable input from the City Council, the Planning Commission, the Architectural and Preservation Commission, and the public. The Ordinance changed how ADUs were regulated in Claremont but retained discretionary design review over many ADU applications. Almost immediately after that ordinance became effective, additional changes were made to State ADU laws that included the elimination of any type of discretionary review, as well as eliminating planning review fees on most ADUs.
COMMISSION REVEW
On May 19, 2026, the Planning Commission reviewed the draft ordinance, made minor revisions to add clarity and correct a typographical error, and adopted a resolution recommending City Council approval on a 5-0-2 vote with two absences. There was one member of the public who commented and spoke against the changes. The changes requested by the Planning Commission have been incorporated into the draft ordinance.
BASIS FOR RECOMMENDATION
Staff finds that the draft ordinance, which would again amend CMC Chapter 16.333 - Accessory Dwelling Units complies with all new requirements that have become State law since the last ADU code amendment in February 2020. While the new ordinance removes several of the requirements included in the City’s 2019 and 2020 Ordinances pertaining to ADUs, it maintains some City controls through objective design standards, primarily through requirements that the ADU match certain features of the primary residence and adds flexibility to use the City’s new pre-approved ADU plans. Together with Statewide height, setback and interior feature requirements, this ordinance is expected to continue to ensure that new ADUs will be appropriately integrated into the urban fabric of the City’s neighborhoods.
CEQA REVIEW
The proposed Code Amendment pertaining to ADU’s is statutorily exempt from the provisions of CEQA pursuant to Section 15282(h) of the Public Resources Code that exempts the adoption of an ordinance regarding ADUs by cities and counties that implement the provisions of Section 65852.2 of the California Government Code (now codified as Government Code Section 66310 et seq.). Therefore, no further environmental review is necessary.
PUBLIC NOTICE PROCESS
On Friday, May 29, 2026, notice of a public hearing was published in the Claremont Courier as a display ad and mailed to persons on the City’s ADU interest list. The agenda and staff report for this item have been posted on the City website and distributed to interested parties. If you desire a copy, please contact the City Clerk’s Office.
Note: As of January 1, 2025, California law (AB 2904) requires cities to provide at least 20-day notice for public hearings on zoning ordinances or amendments that affect the permitted uses of real property. This is an increase to the previous 10-day requirement.
Submitted by:
Shelley Desautels
City Clerk
Attachment:
Ordinance Amending CMC Section 16.333 - Accessory Dwelling Units