HomeMy WebLinkAbout090925-05.1
PLANNING COMMISSION STAFF REPORT 5.1
TO: Chair and Planning Commission September 9, 2025
SUBJECT: Resolution No. 2025-08, recommending that the Town Council approve
Zoning Text Amendment ZTA25-0003 to amend the Town’s Accessory
Dwelling Unit Ordinance
BACKGROUND
Over the years, Accessory Dwelling Unit (ADU) law has been revised to improve its
effectiveness at creating more housing units, reducing barriers, better streamlining
approval processes, and expanding capacity to accommodate the development of ADUs
and Junior Accessory Dwelling Units (JADUs).
This Ordinance is proposing changes to satisfy comments received from The California
Department of Housing and Community Development (HCD) in order to comply with
State Law.
EVALUATION
Modifications to the Town’s existing ADU ordinance which are necessary to comply with
State law, and clarification of several existing standards, are as follows:
Ministerial Review
State law requires a ministerial review of ADUs which shall not receive a discretionary
review or hearings and shall be approved or denied within 60 days from the date the
Town receives the completed application. The existing Ordinance defines the ministerial
review process for ADUs. The proposed Ordinance provides a more thorough definition
and the inclusion of the 60 day deadline.
Ownership
State law allows ADUs to be sold or conveyed separately from the primary residence if
purchased by a qualified buyer under Government Code 66341. The existing Ordinance
includes the requirement that the ADU may only be purchased by a qualified buyer
under Government Code 65852.26. The proposed Ordinance provides modified language
stating that separate conveyance may be allowed if all conditions of Government Code
66341 are met, including qualified nonprofit corporations.
ZTA25-0003 2 September 9, 2025
ADU Ordinance
Setbacks
State law allows ADUs to have a secondary front, side, and rear yard setback of four feet
and a front yard setback applicable to the primary residence for the zoning district. If any
of the applicable setbacks would prohibit the construction of an ADU of at least 800
square feet, the setback may be reduced. The existing Ordinance requires a secondary
front yard (corner lots) of 15 to 25 feet in most zoning districts. The proposed Ordinance
enforces the four foot minimum secondary front yard setback and the potential to reduce
the setbacks if necessary to allow for development of an 800 square foot ADU.
Height
State law allows for attached ADUs within a Multifamily District that meet setbacks
applicable to the primary buildings to have a maximum height of 25 feet but not exceed
two stories. The existing Ordinance allows for a maximum height of 25 feet or the
maximum height applicable to the multifamily buildings. The proposed Ordinance
clarifies the 25 foot maximum and removes the ability to build at the maximum height
applicable to the multifamily buildings.
State law allows for detached ADUs within a Multifamily District to have a maximum
height of 18 feet if located within one-half mile walking distance of a major transit stop
or high quality transit corridor, and a maximum height of 25 feet if the ADU maintains
the minimum setbacks applicable to the multifamily building. The existing Ordinance
allows for a maximum height of 18 feet if the site has an existing or proposed multi-story
building, and a maximum height of 24 feet if the ADU meets the setbacks applicable to
the primary buildings. The proposed Ordinance allows a maximum height of 18 feet if
the site is within one-half mile walking distance of a major transit stop or high quality
transit corridor and a maximum height of 25 feet if the ADU maintains the minimum
setbacks applicable to the multifamily building.
PUBLIC CONTACT
Public notice of the September 9, 2025, Planning Commission meeting was placed in a
local newspaper and posting of the meeting agenda serves as notice to the general public.
ZTA25-0003 3 September 9, 2025
ADU Ordinance
RECOMMENDATION
Adopt Resolution No. 2025-08, recommending that the Town Council approve Zoning
Text Amendment ZTA25-0003 to amend the Town’s Accessory Dwelling Unit Ordinance.
Prepared by:
Riley Anderson-Barrett
Associate Planner
Attachments: A - Resolution No. 2025-08
B - Draft ADU Ordinance
C - HCD Comments
RESOLUTION NO. 2025-08
RECOMMENDING THAT THE TOWN COUNCIL APPROVE ZONING TEXT
AMENDMENT ZTA25-0003 TO AMEND THE TOWN’S ACCESSORY DWELLING
UNIT ORDINANCE
WHEREAS, The Town of Danville has initiated a Zoning Text Amendment ZTA25-
0003 to amend Section 32-76 of the Danville Municipal Code related to development
containing accessory dwelling units; and
WHEREAS, the Accessory Dwelling Unit Ordinance applies to residential and mixed-
use lands identified within the Danville 2030 General Plan; and
WHEREAS, the Accessory Dwelling Unit Ordinance would clarify and modify existing
development standards for the height and setbacks of Accessory Dwelling Units; and
WHEREAS, the Accessory Dwelling Unit Ordinance would clarify requirements
regarding the ministerial review and ownership of Accessory Dwelling Units; and
WHEREAS, the Planning Commission did review the Zoning Text Amendment request
ZTA25-0003 at a noticed public hearing on September 9, 2025; and
WHEREAS, the Zoning Text Amendment is statutorily exempt from CEQA and no
significant environmental impacts are expected to be associated with the adoption of
this ordinance; and
WHEREAS, the public notice of this action was given in all respects as required by law;
and
WHEREAS, a staff report was submitted recommending that the Planning Commission
recommend the Town Council approve the request; and
WHEREAS, the Planning Commission did hear and consider all reports,
recommendations, and testimony submitted in writing and presented at the hearing;
now, therefore, be it
RESOLVED that the Planning Commission of the Town of Danville recommends that
the Danville Town Council approve Zoning Text Amendment ZTA25-0003 amending
the Town’s Accessory Dwelling Unit Ordinance.
ATTACHMENT A
PAGE 2 OF RESOLUTION NO. 2025-08
APPROVED by the Danville Planning Commission at a regular meeting on September
9, 2025, by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
_____________________________________
CHAIR
APPROVED AS TO FORM: ATTEST:
_______________________________ ______________________________________
CITY ATTORNEY CHIEF OF PLANNING
ORDINANCE NO. 2025-0X
REPEALING EXISTING CHAPTER 32-76 OF THE DANVILLE MUNICIPAL CODE
AND ADDING A NEW CHAPTER 32-76 TO THE DANVILLE MUNICIPAL CODE
RELATED TO ACCESSORY DWELLING UNITS – ZTA25-0003
The Danville Town Council does ordain as follows:
SECTION 1. REPEALING CHAPTER 32-76 OF THE DANVILLE MUNICIPAL CODE.
Chapter 32-76 of the Danville Municipal Code is hereby repealed.
SECTION 2. ADDING A NEW CHAPTER 32-76 TO THE DANVILLE MUNICIPAL
CODE.
A new Chapter 32-76 is hereby added to the Danville Municipal Code to read as follows:
32-76 ACCESSORY DWELLING UNITS
32-76.1 Purpose
32-76.2 Definitions
32-76.3 Review Process
32-76.4 General Plan and Zoning Compliance
32-76.5 General Development and Design Standards
32-76.6 Development Standards for Attached Accessory Dwelling Units in Single Family
Residential Districts
32-76.7 Development Standards for Detached Accessory Dwelling Units in Single Family
Residential Districts
32-76.8 Development Standards for Attached Accessory Dwelling Units in Multifamily
Districts
32-76.9 Development Standards for Detached Accessory Dwelling Units in Multifamily
Districts
32-76.10 Junior Accessory Dwelling Units
32-76.11 Conversions
32-76.12 Owner Occupancy
32-76.13 Statewide Exemption Accessory Dwelling Units
32-76.14 Parking Requirements for Accessory Dwelling Units
32-76.15 Parking Requirements for Junior Accessory Dwelling Units
32-76.16 Short Term Rentals
32-76.17 Covenants, Conditions and Restrictions
32-76.18 Tree Preservation
32-76.19 Substandard Accessory Dwelling Units
32-76.20 Ownership
32-76.1 Purpose
ATTACHMENT B
PAGE 2 OF ORDINANCE NO. 2025-0X
The purpose of this section is to increase opportunities for the development of smaller
dwelling units for individuals and families developed on certain lots which are zoned
for residential use; to provide affordable rental housing units for families and individuals
with limited income; to provide rental units for the elderly and disabled; to protect
property values and the integrity of the neighborhood by ensuring design and
development standards are compatible with the existing neighborhood; to comply with
requirements of State laws.
32-76.2 Definitions
a.Accessory Dwelling Unit is an attached or detached conditioned residential unit,
which provides complete, independent living facilities for one or more persons. It
includes permanent provisions for living, sleeping, cooking, eating, and sanitation
on the same parcel as the primary unit. The term "Accessory Dwelling Unit"
includes a granny unit, second dwelling unit, guesthouse, in-law unit, efficiency
unit (as defined in Health and Safety Code section 17958.1), manufactured home
(as defined in Health and Safety Code section 18007), and similar Accessory
Dwelling Units, which provide complete independent living facilities (Gov't. Code
§65852.2 (i)(4)).
b.Accessory Structure shall mean a structure that is an accessory or incidental to a
dwelling on the same lot as the primary residence. For purposes of this section an
accessory structure shall have at least three walls and a solid roof such as a
detached garage, pool house, garden shed, workshop, or cabana.
c.Administrative Accessory Dwelling Unit Review Process shall be defined as the review
process conducted under a separate application filed with the Town either prior
to or concurrent with the submittal of a building permit application for an
Accessory Dwelling Unit where a notice of the action to be taken by the Town on
the application is sent to surrounding property owners with the provision of a
period of time in which the Town’s administrative action may be appealed.
d.Attached shall be defined as a building or a structure that is physically connected
to and shares a common wall with the primary residence.
e.Conditioned Space shall be defined as an area or room that is being heated or cooled
for human habitation.
f.Conversions shall be defined as the modification of an existing attached or
detached structure or the modification of a portion of an existing residence into an
Accessory Dwelling Unit.
g.Detached shall be defined as a building or structure not physically connected and
separated by six feet or more, including eves and other projections, from the
primary residence.
PAGE 3 OF ORDINANCE NO. 2025-0X
h. Junior Accessory Dwelling Unit shall be defined as a unit that is no more than 500
square feet in size and contained entirely within the floor space of an existing or
proposed residence. A Junior Accessory Dwelling Unit must include a separate
exterior entrance, may include an interior door to the residence, includes an
efficiency kitchen, and may have private or shared bathroom facilities.
i. Manufactured Home shall mean a structure that was constructed on or after June 15,
1976, is transportable in one or more sections, is eight body feet or more in width,
or 40 body feet or more in length, in the traveling mode, or, when erected on site,
is 320 or more square feet, is built on a permanent chassis and designed to be used
as a single family dwelling with or without a foundation when connected to the
required utilities, and includes the plumbing, heating, air conditioning, and
electrical systems contained therein.
j. Ministerial Review Process shall be defined as the Town’s review process for an
application for an Accessory Dwelling Unit and/or a Junior Accessory Dwelling
Unit which shall be without discretionary review or hearings and shall be
approved or denied within 60 days from the date of the Town receiving a complete
application. conducted as part of the building permit review to ensure that a
proposed Accessory Dwelling Unit is consistent with the provision of this section.
k. Mixed Use shall mean a property which has a General Plan land use designation
and residential zoning district which includes residential use as an allowed or
conditionally allowed use.
l. Multi-Family Residential shall be defined as the classification of housing which
consists of multiple residential units on the same or connected lots with an overall
density of at least eight units per acre.
m. Non-Conditioned Space shall be defined to include, but not limited to, open decks,
patios, breezeways, non-conditioned shops, garages, attics, and storage areas.
n. Objective Zoning and Design Standards shall mean standards that involve no
personal or subjective judgment by a public official and are uniformly verifiable
by reference to an external and uniform benchmark or criterion available and
knowable by both the development applicant or proponent and the public official
prior to submittal.
32-76.3 Review Process
a. Accessory Dwelling Units and Junior Accessory Dwelling Units which are
consistent with the development and design standards contained within this
section shall be subject to the Town’s Ministerial review process.
PAGE 4 OF ORDINANCE NO. 2025-0X
b. Accessory Dwelling Units and Junior Accessory Dwelling Units which are not
consistent with the development and design standards contained within this
section shall be subject to the Town’s Administrative review process.
32-76.4 General Plan and Zoning Compliance
a. Accessory Dwelling Units and Junior Accessory Dwelling Units shall be allowed
in any Residential or Mixed-Use General Plan land use district.
b. An Accessory Dwelling Unit does not count toward the otherwise applicable
General Plan residential density or zoning requirements which may conflict with
this section. An Accessory Dwelling Unit consistent with this section shall be
deemed to be consistent with the General Plan and applicable zoning district.
c. Multifamily lots with multiple detached single family dwellings are considered
single family lots for purposes of this section.
32-76.5 General Development and Design Standards
a. Bedrooms. There is no maximum number of bedrooms.
b. Balconies, Decks and Patios. Accessory Dwelling Units which have less than a 10-
foot side or rear yard setback, or the minimum setback requirement for the
primary residence for the zoning district (whichever is less), may not include
balconies, decks, or platforms that are more than six inches above grade between
the structure and a side or rear property line.
c. Garages. A two-car garage, with maximum dimensions of 22 feet deep and 20 feet
wide, may be included as part of a detached Accessory Dwelling Unit and does
not count toward the Accessory Dwelling Unit square footage requirements.
d. Basements. An Accessory Dwelling Unit may include a basement so long as the
basement is non-conditioned and is no more than 50 percent the size of the
conditioned area of the Accessory Dwelling Unit.
e. Design. The exterior appearance of an Accessory Dwelling Unit shall be
architecturally compatible with the primary residence and with the surrounding
neighborhood. Architectural compatibility will be determined to exist where the
Accessory Dwelling Unit incorporates the same paint colors, siding, and roof
materials as the primary residence.
32-76.6 Development Standards for Attached Accessory Dwelling Units in
Single Family Residential Districts
PAGE 5 OF ORDINANCE NO. 2025-0X
a. Setbacks, Secondary Front Yard, Side Yard, and Rear Yard. Four foot minimum setback
to the property line, measured to the closest part of the structure including eves
and other architectural projections. However, the secondary front yard, side yard
and rear yard setbacks shall be reduced to the extent necessary to allow for an
Accessory Dwelling Unit of at least 800 square feet.
b. Setbacks, Front Yard. Accessory Dwelling Units shall be required to maintain the
front yard setback applicable to the primary residence for the zoning district.
However, the front yard setback shall be reduced to the extent necessary to allow
for an Accessory Dwelling Unit of at least 800 square feet.
c. Height. The maximum height shall be 25 feet. If the Accessory Dwelling Unit
maintains the minimum setbacks applicable to the primary residence, the
maximum height shall be the height applicable to the primary residence.
d. Size. For residential zoning districts allowing a maximum lot size less than 40,000
square feet, the maximum size shall be 1,200 square feet but shall not exceed 50
percent of the conditioned square footage of the existing or proposed primary
residence, however, a minimum of 850 square foot or 1,000 square foot Accessory
Dwelling Unit with more than one bedroom shall be allowed. For lots that are
within a zoning district requiring a minimum 40,000 square foot lot size or larger,
the maximum size shall be 2,000 square feet but shall not exceed 50 percent of the
conditioned square footage of the existing or proposed primary residence,
however a minimum of 850 square foot or 1,000 square foot Accessory Dwelling
Unit with more than one bedroom shall be allowed. There are no minimum size
requirements.
e. Number. A total of three dwelling units are permitted in addition to the primary
dwelling unit given that the additional dwelling units are comprised of:
1. One interior Accessory Dwelling Unit contained within a proposed new
single family dwelling or converted from existing area subject to the size
restrictions under Section 32-76.6.d;
2. One Junior Accessory Dwelling Unit;
3. One detached ADU not exceeding 800 square feet if combined with the
above described interior Accessory Dwelling Unit and Junior Accessory
Dwelling Unit.
32-76.7 Development Standards for Detached Accessory Dwelling Units in
Single Family Residential Districts
PAGE 6 OF ORDINANCE NO. 2025-0X
a. Setbacks, Secondary Front Yard, Side Yard, and Rear Yard. Four foot minimum setback
to the property line, measured to the closest part of the structure, including eves
and other architectural projections. However, the secondary front yard, side yard
and rear yard setbacks shall be reduced to the extent necessary to allow for an
Accessory Dwelling Unit of at least 800 square feet.
b. Setbacks, Front Yard. Accessory Dwelling Units shall be required to maintain the
same front yard setback applicable to the primary residence for the zoning district.
However, the front yard setback shall be reduced to the extent necessary to allow
for an Accessory Dwelling Unit of at least 800 square feet.
c. Height. The maximum height shall be 16 feet. If located within one-half mile
walking distance of a major transit stop or high quality transit corridor, the
maximum height shall be 18 feet with an allowance of two additional feet (total
maximum height of 20 feet) to accommodate roof pitch aligned with the primary
dwelling unit. If the Accessory Dwelling Unit maintains the minimum setbacks
applicable to the primary residence, the maximum height shall be 24 feet.
d. Size. For residential zoning districts allowing a maximum lot size less than 40,000
square feet, the maximum size shall be 1,200 square feet. For lots that are within a
zoning district requiring a minimum 40,000 square foot lot size or larger, the
maximum size shall be 2,000 square feet. There are no minimum size
requirements.
32-76.8 Development Standards for Attached Accessory Dwelling Units in
Multifamily Districts
a. Setbacks, Secondary Front Yard, Side Yard, and Rear Yard. Four foot minimum setback
to the property line, including eves and other architectural projections. However,
the secondary front yard, side yard and rear yard setbacks shall be reduced to the
extent necessary to allow for an Accessory Dwelling Unit of at least 800 square
feet.
b. Setbacks, Front Yard. Accessory Dwelling Units shall be required to maintain the
front yard setback applicable to a multiple family building (s) for the zoning
district. However, the front yard setback shall be reduced to the extent necessary
to allow for at least an 800 square foot Accessory Dwelling Unit.
c. Height. The maximum height shall be 16 feet. If located within one-half mile
walking distance of a major transit stop or high quality transit corridor, the
maximum height shall be 18 feet with an allowance of two additional feet (total
maximum height of 20 feet) to accommodate roof pitch aligned with the
multifamily building. If the Accessory Dwelling Unit maintains the minimum
PAGE 7 OF ORDINANCE NO. 2025-0X
setbacks applicable to the multiple family building(s) , the maximum height shall
be 25 feet.the height applicable to the multiple family building(s).
d. Size. The maximum size of an Accessory Dwelling Unit attached to a multiple
family building (s) is 1,200 square feet.
e. Conversion of Existing Space. Portions of existing multifamily structures that are not
used as livable space, such as attics, garages, or storage areas may be converted to
Accessory Dwelling Units, with the total number of Accessory Dwelling Units not
exceeding 25 percent of the existing multifamily structure’s units.
32-76.9 Development Standards for Detached Accessory Dwelling Units in
Multifamily Districts
a. Number. Up to two detached Accessory Dwelling Units are allowed on a lot that
has existing multifamily dwellings.
b. Setbacks, Secondary Front Yard, Side Yard, and Rear Yard. Four foot minimum setback
to the property line, including eves and other architectural projections. However,
the secondary front yard, side yard and rear yard setbacks shall be reduced to the
extent necessary to allow for at least an 800 square foot Accessory Dwelling Unit.
c.b.
d.c. Setbacks, Front Yard. Accessory Dwelling Units shall be required to maintain the
front yard setback applicable to the zoning district. However, the front yard
setback shall be reduced to the extent necessary to allow for an at least 800 square
foot Accessory Dwelling Unit.
e.d. Height. The maximum height shall be 16 feet. If located within one-half mile
walking distance of a major transit stop or high quality transit corridor or the lot
has an existing or proposed multi-story multi-family dwelling, the maximum
height shall be 18 feet. If the lot has an existing or proposed multi-story, multi-
family dwelling, the maximum height shall be 18 feet. If the Accessory Dwelling
Unit maintains the minimum setbacks applicable to the multifamily building, the
maximum height shall be 254 feet.
e. Size. The maximum size shall be 1,200 square feet.
32-76.10 Junior Accessory Dwelling Units
One Junior Accessory Dwelling Unit is allowed in addition to Accessory Dwelling Units
on a residential lot. A Junior Accessory Dwelling Unit must be constructed within the
walls of a proposed or existing single family residence. A Junior Accessory Dwelling Unit
must have an independent exterior entrance and may have interior connections to the
PAGE 8 OF ORDINANCE NO. 2025-0X
primary residence. One Junior Accessory Dwelling Unit may be combined with one
attached interior Accessory Dwelling Unit subject to the size restrictions under Section
32-76.6.d, and one detached new construction Accessory Dwelling Unit that does not
exceed 800 square feet if combined with the above described interior Accessory Dwelling
Unit and Junior Accessory Dwelling Unit.
32-76.11 Conversions
a. The conversion or reconstruction in the same location within the dimensions of
existing floor space within a single family residence or detached accessory
structure to an Accessory Dwelling Unit shall not be subject to setback, height, or
size requirements under Sections 32-76.6 and 32-76.7. However, the 50 percent rule
or the allowance of conversion up to 850 square feet or 1,000 square feet for a unit
with more than one bedroom, for the conversion of a portion of a single family
residence shall apply.
b. An expansion of a maximum of 150 square feet may be added to a converted
Accessory Dwelling Unit with a setback area that does not comply with the
development standards under Sections 32-76.6 and 32-76.7 but shall be limited to
accommodating ingress and egress for the unit. Any addition beyond 150 square
feet shall comply with the Development Standards contained in Sections 32-76.6
and 32-76.7.
c. Setbacks and construction methods shall be sufficient to address fire and safety
issues.
32-76.12 Owner Occupancy
a. The property owner is not required to occupy either the primary residence or an
Accessory Dwelling Unit.
b. For a Junior Accessory Dwelling Unit, the property owner must occupy either the
remaining portion of the structure or the newly created Junior Accessory Dwelling
Unit. Owner occupancy shall not be required if the owner is another governmental
agency, land trust, or housing organization. The property owner shall be required
to record a deed restriction, which shall run with the land. Confirmation of the
deed recordation shall be submitted to the Town prior to issuance of building
permits and shall include both of the following:
1. A prohibition on the sale of the Junior Accessory Dwelling Unit separate
from the sale of the single family residence, including a statement that the
deed restriction may be enforced against future purchasers.
PAGE 9 OF ORDINANCE NO. 2025-0X
2. A restriction on the size and attributes of the Junior Accessory Dwelling
Unit that conforms with this section.
32-76.13 Statewide Exemption Accessory Dwelling Units
Any attached or detached Accessory Dwelling Unit which is 800 square feet or less in size
shall be allowed on lands zoned to allow or conditionally allow residential use. The
Development Standards in Sections 32-76.5, 32-76.6, and 32-76.7 shall be waived to the
extent necessary to allow an Accessory Dwelling Unit up to 800 square feet in size.
32-76.14 Parking Requirements for Accessory Dwelling Units
a. Except for the circumstances listed below, one off-street parking space shall be
provided for all new Accessory Dwelling Units:
1. The Accessory Dwelling Unit is located within one-half mile walking
distance of public transit.
2. The Accessory Dwelling Unit is located within an architecturally and
historically significant historic district.
3. The Accessory Dwelling Unit is part of a proposed or existing primary
residence, multi-family dwelling, or an accessory structure.
4. When on-street parking permits are required but not offered to the
occupant of the Accessory Dwelling Unit.
5. When there is a car share vehicle located within one block of the Accessory
Dwelling Unit.
b. Where required, a parking space for an Accessory Dwelling Unit may be provided
as tandem parking on the driveway and within setback areas in locations
determined by the Town unless specific findings are made that parking in setback
areas or tandem parking is not feasible based upon the specific site or regional
topographical or fire and life safety conditions.
c. When a garage, carport, or covered parking structure is demolished in conjunction
with the construction of an Accessory Dwelling Unit or converted to an Accessory
Dwelling Unit, no replacement parking shall be required.
32-76.15 Parking Requirements for Junior Accessory Dwelling Units
PAGE 10 OF ORDINANCE NO. 2025-0X
a. No additional off-street parking shall be required for a Junior Accessory Dwelling
Unit.
b. If an existing one or two-car garage is converted to a Junior Accessory Dwelling
Unit, the parking spaces must be replaced or be demonstrated to exist off-street on
the site. Required parking may be provided as tandem parking on the driveway
and within setback areas in locations determined by the Town unless specific
findings are made that parking in setback areas or tandem parking is not feasible
based upon specific site or regional topographical or fire and life safety conditions.
32-76.16 Short Term Rentals
If an Accessory Dwelling Unit or Junior Accessory Dwelling Unit is rented it shall be
rented for terms longer than 30 days.
32-76.17 Covenants, Conditions and Restrictions
Covenants, Conditions, and Restrictions (CC&Rs) that either effectively prohibit or
unreasonably restrict the construction or use of an Accessory Dwelling Unit or Junior
Accessory Dwelling Unit shall be void and unenforceable.
32-76.18 Tree Preservation
For construction of an Accessory Dwelling Unit that is subject to Tree Protection During
Development provisions of the Town’s Tree Preservation Ordinance (Section 32-79.9),
any required tree protection bond or security shall be limited to not exceed five percent
of the estimated construction cost of the Accessory Dwelling Unit.
a. An existing substandard Accessory Dwelling Unit not in conformance with this
section shall be considered a nonconforming Accessory Dwelling Unit. If a
property owner wishes to alter an existing nonconforming Accessory Dwelling
Unit, the requirements of this section will apply to the proposed alteration.
b. An existing but not approved Accessory Dwelling Unit that meets the
requirements of this section may be legalized if the property owner modifies the
accessory unit to address any deficiencies identified through a life/safety
inspection by the Town Building Division.
32-76.20 Ownership
The Accessory Dwelling Unit and/or Junior Accessory Dwelling Unit may be rented
separate from the primary residence. but may not be sold or otherwise conveyed separate
from the primary residence. An Accessory Dwelling Unit may only be sold or conveyed
separately from the primary residence under stated conditions, including a qualified
PAGE 11 OF ORDINANCE NO. 2025-0X
nonprofit corporation, as may be allowed if all conditions of Government Code Section
66341 are met. if purchased by a qualified buyer as defined by Government Code §
65852.26.
SECTION 3. CODIFICATION. Section 2 of this Ordinance shall be codified in the
Danville Municipal Code.
SECTION 4. PUBLICATION AND EFFECTIVE DATE. The City Clerk shall have a
summary of this Ordinance published twice in a newspaper of general circulation, once
within five (5) days before its adoption and once within 15 (fifteen) days after adoption.
This Ordinance shall become effective 30 days after adoption.
SECTION 5. SEVERABILITY. If any section, subsection, sentence, clause, or phrase of
this Ordinance is for any reason held to be invalid, such decision shall not affect the
validity of the remaining portions of the Ordinance. The Danville Town Council hereby
declares that they would have adopted the Ordinance, and each section, subsection,
sentence, clause, or phrase thereof, irrespective of the fact that one or more sections,
subsections, sentences, clauses, or phrases was declared invalid.
PAGE 12 OF ORDINANCE NO. 2025-0X
The foregoing Ordinance was introduced on X date and approved and adopted by the
Danville Town Council at a regular meeting held on X date, by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
____________________________
MAYOR
APPROVED AS TO FORM: ATTEST:
____________________________
CITY ATTORNEY CITY CLERK
CLERK'S CERTIFICATE
I, Marie Sunseri, City Clerk of the Town of Danville, hereby certify that the foregoing is
a true and accurate copy of Ordinance No. 2025-0X of said Town and that said Ordinance
was published according to law.
Dated: __________________________
_________________________________
City Clerk of the
Town of Danville
1Riley Anderson-Barrett
From:Garcia, Shasta@HCD <shasta.garcia@hcd.ca.gov>
Sent:Friday, July 11, 2025 2:03 PM
To:David CromptonCc:Riley Anderson-BarrettSubject:City of Danville - ADU Ordinance Compliance CheckFollow Up Flag:Follow upFlag Status:Flagged***CAUTION*** THIS EMAIL WAS NOT SENT FROM DANVILLE STAFF This email originated from outside of the Town of Danville and was not sent from a Town Staff member!
Do not click on links or open attachments unless you recognize the sender and know the content is safe. Good afternoon David, The California Department of Housing and Community Development (HCD) Accessory Dwelling Unit
(ADU) team has reviewed the City of Danville’s ADU Ordinance for compliance with the Findings Letter sent to the jurisdiction on April 25, 2023. The following sections were found to be non-compliant with State ADU Law:
•Section 32-76.2(j) [Findings Letter Item #2]: The Ordinance defines the ministerial reviewprocess “as the review process conducted as part of the building permit review to ensure that aproposed Accessory Dwelling Unit is consistent with the provision of this section.” GovernmentCode section 66317, subdivision (a) requires that a permit for an ADU or JADU shall beconsidered and approved ministerially without discretionary review or hearing and that “thepermitting agency shall approve or deny the application...within 60 days from the date apermitting agency receives a completed application...” The City should amend their Ordinance
to include junior accessory dwelling units (JADUs) to comply with State ADU Law.
•Sections 32-76.8(a) and (b) and 32-76.9(b) and (c) [Findings Letter Item #3]: The Ordinancerequires attached and detached ADUs in multifamily residential districts to maintain front andsecondary front yard setbacks. However, Government Code section 66321, subdivision (b)(3),prohibits a local agency from establishing “Any requirement... based upon...frontsetbacks...that does not permit at least an 800 square foot accessory dwelling unit...” Further,ADUs created pursuant to Government Code section 66323 must be approved ministeriallynotwithstanding standards imposed under sections 66314 to 66322. Therefore, the City mustamend the Ordinance to allow for these exceptions to front yard setbacks.•Section 36-76.20 [Findings Letter Item #5]: The Ordinance allows for an ADU to be sold orconveyed separately from the primary residence “…if purchased by a qualified buyer…”However, Government Code section 66341 requires local jurisdictions to allow separate salesunder stated conditions (involving a qualified nonprofit corporation). The City must amend theOrdinance to state that a separate conveyance may be allowed if all conditions of GovernmentCode Section 66341 are met.ATTACHMENT C
2• Sections 32-76.8(c) and 32-76.9(d) [Findings Letter Item #6]: The Ordinance imposes a height requirement of 16, 18, and 20 feet for attached ADUs in multifamily residential districts and a height requirement of 16 feet and 18 feet “(i)f the lot has an existing or proposed multi-story multi-family dwelling…”. However, Government Code section 66321, subdivision (b)(4)(B), provides for height of 18 feet for detached units “within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor,” and subdivision (b)(4)(D) provides “A height of 25 feet or the height limitation in the local zoning ordinance that applies to the primary dwelling, whichever is lower, for an accessory dwelling unit that is attached to a primary dwelling. This subparagraph shall not require a local agency to allow an accessory dwelling unit to exceed two stories.” Therefore, the City must amend the Ordinance to provide state-required height allowances. Please note that the City’s ADU Ordinance was not reviewed in full; only for compliance in the sections previously noted in the Findings Letter. If you would like to schedule a call to discuss the remaining findings, please reach out in reply to this email (Shasta.Garcia@hcd.ca.gov). Thank you, Shasta Garcia Housing Policy Analyst, Accessory Dwelling Unit Team Housing Policy Development Division Housing and Community Development 651 Bannon Street, Suite 400 | Sacramento, CA 95811 Phone: (916) 776-7741 | Email: Shasta.Garcia@hcd.ca.gov