San Clemente, CA Accessory Structures: ADU Rental Restrictions (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.
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?
Can I list my ADU on a short-term rental platform?
Do I have to live on the property if I build a JADU?
Can I sell my ADU separately from the house?
How is the JADU deed restriction removed?
Sources & Official References
Other rules in San Clemente
California rules heatmap·Compare San Clemente to another location·View the California accessory structures overview
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