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San Clemente, CA Accessory Structures: ADU Rental Restrictions (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified October 2026

Key Facts

Short-term rental
Barred for periods of 30 days or less
Long-term rental
Allowed for both ADUs and JADUs
Separate sale
Not allowed, except under Gov. Code § 66341
JADU owner-occupancy
Required if it shares sanitation facilities with the house
JADU deed restriction
Recorded before the building permit issues
Governing section
Municipal Code § 17.28.270(G)(1)-(4)
Latest amendment
Ordinance No. 1810, adopted June 16, 2026

Summary

San Clemente lets owners rent an accessory dwelling unit or junior accessory dwelling unit, but never for periods of 30 days or less. Neither unit can be sold or conveyed separately from the lot and principal dwelling, and a JADU that shares sanitation facilities with the main house carries an owner-occupancy requirement under Municipal Code § 17.28.270(G).

1. No Separate Conveyance. An accessory dwelling unit or junior accessory dwelling unit may be rented, but no accessory dwelling unit or junior accessory dwelling unit may be sold or otherwise conveyed separately from the lot and the principal dwelling (in the case of a single-family dwelling) or from the lot and all of the dwellings (in the case of a multi-unit family dwelling), except as allowed under California Government Code section 66341. 2. Short-Term Lodging. The accessory dwelling unit and/or junior accessory dwelling unit shall not be rented for periods of 30 days or less. 3. Owner-Occupancy for Junior Accessory Dwelling Units. As required by applicable law, JADUs that share sanitation facilities with a single-family dwelling are subject to an owner-occupancy requirement. If the JADU has its own bathroom, then the property owner is not required to reside on the property.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Traffic: Supplement 30 | Code of Ordinances: Supplement 66 Update 1).

Full Breakdown

Subsection G of San Clemente Municipal Code § 17.28.270, headed "Additional requirements for All Accessory Dwelling Units and Junior Accessory Dwelling Units," holds the city's rental rules. Paragraph 1 says an ADU or JADU "may be rented," so a long-term tenancy is lawful. Paragraph 2 closes the other end of the market: neither unit "shall not be rented for periods of 30 days or less." A vacation-style booking, a weekend stay and even a full 30-night booking are out of bounds; only a rental longer than 30 days clears the line.

The same paragraph 1 bars separate sale. A unit cannot be sold or otherwise conveyed apart from the lot and the principal dwelling when the lot has a single-family dwelling, or apart from the lot and all of the dwellings when the lot has a multi-unit family dwelling. The one carve-out is a conveyance that California Government Code section 66341 allows. In San Clemente an ADU is a rental unit on the owner's parcel, not a condominium.

Junior units carry two more conditions. Paragraph 3 applies an owner-occupancy requirement to JADUs that share sanitation facilities with a single-family dwelling, "as required by applicable law." If the JADU has its own bathroom, the property owner is not required to reside on the property. Paragraph 4 then requires a deed restriction recorded against the title in the County Recorder's Office, with a copy filed with the Planning Division, before the building permit for a JADU is issued. The restriction runs with the land, binds all future owners, and uses a form provided by the City. It must state that the JADU cannot be sold separately from the primary dwelling (except as Government Code section 65852.26 provides), that it is restricted to the approved size and other attributes the section allows, and that future owners can be held to it.

Section 17.28.270 was most recently amended by Ordinance No. 1810, adopted June 16, 2026, and its history line also lists Ordinance Nos. 1668, 1707, 1742 and 1759. Subsection A ties the section to Government Code sections 66310 through 66342, which is why San Clemente's rental limits sit beside the state-mandated approval rules rather than replacing them.

Violations & Fines

The deed restriction is enforceable by the Planning Division for the benefit of the City. If a property owner fails to comply, the section says the result may be legal action against the owner, and the City is authorized to obtain any remedy available at law or equity, including an injunction enjoining use of the JADU in violation of the recorded restrictions or abatement of the illegal unit. Section 17.28.270 itself prints no dollar fine for renting an ADU for 30 days or less.

Frequently Asked Questions

Can I rent my San Clemente ADU to a long-term tenant?
Yes. Section 17.28.270(G)(1) states that an accessory dwelling unit or junior accessory dwelling unit may be rented. The restriction is on how short the stay is, not on renting itself. Any tenancy longer than 30 days fits within the rule, so a standard lease with a monthly or longer term is the compliant route for an ADU or JADU.
Can I list my ADU on a short-term rental platform?
No. Section 17.28.270(G)(2), titled Short-Term Lodging, provides that the ADU or JADU shall not be rented for periods of 30 days or less. That covers nightly, weekend and weekly bookings, and it also covers a booking of exactly 30 days. A stay must run longer than 30 days to comply.
Do I have to live on the property if I build a JADU?
It depends on the bathroom. Under § 17.28.270(G)(3), a JADU that shares sanitation facilities with a single-family dwelling is subject to an owner-occupancy requirement. If the JADU has its own bathroom, the property owner is not required to reside on the property. The section cites applicable law as the source of the requirement.
Can I sell my ADU separately from the house?
No. Paragraph (G)(1) bars selling or otherwise conveying an ADU or JADU separately from the lot and the principal dwelling, or from the lot and all of the dwellings on a multi-unit family lot. The only exception is a conveyance that California Government Code section 66341 allows, and a JADU can be sold separately only as Government Code section 65852.26 provides.
How is the JADU deed restriction removed?
Under § 17.28.270(G)(4)(d), the restriction can be removed if the owner eliminates the JADU, for example by removing the kitchen facilities. The owner makes a written request to the Planning Division with evidence that the JADU is gone. The Planning Division decides whether the evidence supports the claim, and its determination can be appealed. Any remaining structure must still comply with the Zoning Code.

Sources & Official References

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