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HomeMy WebLinkAbout102125-08.1ZTA25-0003 1 October 21, 2025 Accessory Dwelling Unit Ordinance ADMINISTRATIVE STAFF REPORT 8.1 TO: Mayor and Town Council October 21, 2025 SUBJECT: Ordinance No. 2025-04, approving Zoning Text Amendment ZTA25-0003 amending the Town’s Accessory Dwelling Unit Ordinance BACKGROUND Over the years, the State of California’s Accessory Dwelling Unit (ADU) law has been regularly 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). The ADU law requires that all local ADU ordinances be submitted for review and approval by the California Department of Housing and Community Development (HCD). The Ordinance presented to the Town Council proposes changes to the Town’s existing ADU ordinance necessary to satisfy comments received from HCD to ensure the Town complies with State law. The Planning Commission reviewed the ordinance and recommended the Town approve the revised ordinance during their meeting on September 9, 2025. Subsequent to the Planning Commission hearing, the Town received a letter from the Montair Property Owner’s Association which raised concerns regarding the proposed amendments to the Ordinance. 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 that ADUs receive a ministerial review 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. ZTA25-0003 2 October 21, 2025 Accessory Dwelling Unit Ordinance 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. 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. ZTA25-0003 3 October 21, 2025 Accessory Dwelling Unit Ordinance RESPONSE TO LETTER FROM THE CALIFORNIA HOUSING DEFENSE FUND On September 9, 2025, the day of the Planning Commission hearing, the Town received a letter from the California Housing Defense Fund addressing their interpretation of State law and the ordinance’s conformance. The letter states the belief that the Town may not enforce any design standards or development standards when reviewing ADUs 800 square feet or under (referred to as 66323 ADUs based on the section in the Government Code addressing them). It also requests clarity in how the allowance of detached ADUs standards are stated and additional language clarifying that the height of detached ADUs in multifamily districts may be raised two feet to align with existing roof pitch. It states that the Town must modify the number of ADUs allowed on multifamily properties and may not limit the size of ADUs on multifamily properties or converted from existing area. Lastly, the letter states that the Town may not maintain any parking requirements for ADUs. Having had an opportunity to review this letter in more detail since the Planning Commission hearing, Town staff have made changes to address some of their concerns. Language was clarified allowing the height of detached ADUs in multifamily districts to be raised two fee to align with existing roof pitch. The Ordinance was modified to allow up to eight detached ADUs to existing multifamily developments which was stated in HCD’s Accessory Dwelling Unit Handbook dated January 2025. As stated in the Ordinance, units of 800 square feet or less are not subject to any development standards other than those specifically listed in Government Code Section 66323. The Ordinance contains the requirement of one off-street parking space unless exempt through circumstances specifically listed in Government Code Section 66323. RESPONSE TO LETTER FROM THE MONTAIR PROPERTY OWNER’S ASSOCATION On September 17, 2025, the Town received a letter from Berding & Weil LLP representing the Montair Property Owner’s Association. The letter contains proposed amendments to the ADU ordinance. The letter proposes that the Town exclude specific areas from by- right ADU approvals due to safety concerns. These concerns include high fire severity zones, maintenance and emergency evaluation on narrow streets with no on-street parking, intensification of drainage issues, and insufficient water supply. Government Code Section 66314(a) does provide some limited ability for local jurisdictions to designate areas where ADUs would not be permitted but that designation must “be based on the adequacy of water and sewer services and the impact of accessory dwelling units on traffic flow and public safety.” Making that determination is beyond the scope of the current Ordinance. ZTA25-0003 4 October 21, 2025 Accessory Dwelling Unit Ordinance When applying for a Building Permit to construct an ADU, the project is reviewed by the San Ramon Valley Fire Protection District for compliance, the East Bay Municipal Utility District to verify adequate water supply, and Engineering to review the intensification of drainage issues. All new ADUs will be required to comply with California Building Code fire hardening standards if located within State-designated high or very high fire severity zones. The Ordinance contains the requirement of one off-street parking space unless exempt through circumstances defined under State law. PUBLIC CONTACT Notice of this hearing was published in a newspaper of general circulation. Posting of the meeting agenda serves as notice to the general public. RECOMMENDATION Introduce and read by title only Ordinance No. 2025-04, approving Zoning Text Amendment ZTA25-0003 amending the Town’s Accessory Dwelling Unit Ordinance, and return for second reading on November 5, 2025. Prepared by: Riley Anderson-Barrett Associate Planner Reviewed by: Diane J. Friedmann Development Services Director Attachments: A - Ordinance No. 2025-04 B - HCD Comments C - California Housing Defense Fund Letter D - Montair Property Owner’s Association Letter ORDINANCE NO. 2025-04 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 ATTACHMENT A PAGE 2 OF ORDINANCE NO. 2025-04 32-76.1 Purpose 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 §66313(a). 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. PAGE 3 OF ORDINANCE NO. 2025-04 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. 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. 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. PAGE 4 OF ORDINANCE NO. 2025-04 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. 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. PAGE 5 OF ORDINANCE NO. 2025-04 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 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, under State Law property owners have a right to construct an Accessory Dwelling Unit of at least 800 square feet. As such, the secondary front yard, side yard and rear yard setbacks shall be reduced to the extent necessary to allow for an Accessory Dwelling Unit up to 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 up to 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. Either two or three units are permitted in addition to the primary residence on a single lot given that the additional dwelling units are comprised of: i. For two additional units, one attached or detached Accessory Dwelling Unit and one Junior Accessory Dwelling Unit. PAGE 6 OF ORDINANCE NO. 2025-04 ii. For three additional units, 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, one Junior Accessory Dwelling Unit, and one detached Accessory Dwelling Unit not exceeding 800 square feet. 32-76.7 Development Standards for Detached Accessory Dwelling Units in Single Family Residential Districts 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, under State Law property owners have a right to construct an Accessory Dwelling Unit of at least 800 square feet. As such, the secondary front yard, side yard and rear yard setbacks shall be reduced to the extent necessary to allow for an Accessory Dwelling Unit up to 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 up to 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. e. Number. Either two or three units are permitted in addition to the primary residence on a single lot given that the additional dwelling units are comprised of: iii. For two additional units, one attached or detached Accessory Dwelling Unit and one Junior Accessory Dwelling Unit. PAGE 7 OF ORDINANCE NO. 2025-04 iv. For three additional units, 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, one Junior Accessory Dwelling Unit, and one detached Accessory Dwelling Unit not exceeding 800 square feet. 32-76.8 Development Standards for Attached Accessory Dwelling Units in Multifamily Districts a. Number. A minimum of one attached Accessory Dwelling Unit is allowed on a lot that has existing multifamily dwellings, and up to 25 percent of existing multifamily swelling units. a.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, under State Law property owners have a right to construct an Accessory Dwelling Unit of at least 800 square feet. As such, the secondary front yard, side yard and rear yard setbacks shall be reduced to the extent necessary to allow for an Accessory Dwelling Unit up to 800 square feet. b.c. 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 an Accessory Dwelling Unit up to 800 square feet. c.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, 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 setbacks applicable to the multiple family building(s) , the maximum height shall be 25 feet. d.e. Size. The maximum size of an Accessory Dwelling Unit attached to a multiple family building (s) is 1,200 square feet. e.f. 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. PAGE 8 OF ORDINANCE NO. 2025-04 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, or up to eight detached ADUs are allowed on a lot with an existing multifamily dwelling, not to exceed the number of existing units on the lot.. 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, under State Law property owners have a right to construct an Accessory Dwelling Unit of at least 800 square feet. As such, the secondary front yard, side yard and rear yard setbacks shall be reduced to the extent necessary to allow for an Accessory Dwelling Unit up to 800 square feet. 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 Accessory Dwelling Unit up to 800 square feet. 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, plus an additional two feet in height to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit. If the Accessory Dwelling Unit maintains the minimum setbacks applicable to the multifamily building, the maximum height shall be 25 feet. e. Size. No size limit. 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 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. PAGE 9 OF ORDINANCE NO. 2025-04 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.a. c.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. d.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. 2. A restriction on the size and attributes of the Junior Accessory Dwelling Unit that conforms with this section. PAGE 10 OF ORDINANCE NO. 2025-04 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. These units shall not be subject to any development standards other than those specifically listed in Government Code Section 6632. 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. PAGE 11 OF ORDINANCE NO. 2025-04 32-76.15 Parking Requirements for Junior Accessory Dwelling Units 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 Ownership The Accessory Dwelling Unit and/or Junior Accessory Dwelling Unit may be rented 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 nonprofit corporation, as may be allowed if all conditions of Government Code Section 66341 are met. 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 PAGE 12 OF ORDINANCE NO. 2025-04 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. The foregoing Ordinance was introduced on October 21, 2025, and approved and adopted by the Danville Town Council at a regular meeting held on November 5, 2025, 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. 2025-04 of said Town and that said Ordinance was published according to law. Dated: __________________________ _________________________________ City Clerk of the Town of Danville Docusign Envelope ID: 07E9FC08-9FA7-4881-BF39-50C317400AC8 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 B 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 Sep 9, 2025 Town of Danville 500 La Gonda Way Danville, CA 94526 By email: devserv@danville.ca.gov CC: twilliams@danville.ca.gov; Rewing@Danville.ca.gov; Msunseri@danville.ca.gov; Re: Proposed Amendments to the Town’s ADU Regulations Dear Danville Planning Commission, The California Housing Defense Fund (“CalHDF”) submits this letter as a public comment regarding item 5.1 for the Planning Commission meeting of September 9, 2025, an amendment to the Town’s regulations for the construction of accessory dwelling units (“ADUs”) and junior accessory dwelling units (“JADUs”). There are specific portions of the proposed ADU regulations that violate state law, and the Town should correct these issues before passing the ordinance. Background The law gives local governments authority to enact zoning ordinances that implement a variety of development standards on ADUs. (Gov. Code, § 66314.) The standards in these local ordinances are limited by state law so as not to overly restrict ADU development. (See id.) Separately from local ADU ordinances, Government Code section 66323 establishes a narrower set of ADU types that local governments have a ministerial duty to approve. “Notwithstanding Sections 66314 to 66322 ... a local agency shall ministerially approve” these types of ADUs. (Id. at subd. (a).) This means that ADUs that satisfy the minimal requirements of section 66323 must be approved regardless of any contrary provisions of the local ADU ordinance. (Ibid.) Local governments may not impose their own standards on such ADUs. (Gov. Code, § 66323, subd. (b) [“A local agency shall not impose any objective development or design standard that is not authorized by this section upon any accessory dwelling unit that meets the requirements of any of paragraphs (1) to (4), inclusive, of subdivision (a).”].) 2201 Broadway, PH1, Oakland, CA 94612 www.calhdf.org ATTACHMENT C In addition, ADUs that qualify for the protections of Government Code section 66323, like other ADUs, must be processed by local governments within 60 days of a complete permit application submittal. (Gov. Code, § 66317, subd. (a).) State law also prohibits creating regulations on ADU development not explicitly allowed by state law. Government Code Section 66315 states, “No additional standards, other than those provided in Section 66314, shall be used or imposed, including an owner-occupant requirement, except that a local agency may require that the property may be used for rentals of terms 30 days or longer.” General Treatment of Section 66323 ADUs Code section 32-76.13, Statewide Exemption Accessory Dwelling Units, waives development standards “to the extent necessary to allow an Accessory Dwelling Unit up to 800 square feet in size.” This is insufficient. Government Code section 66323, subdivision (b) explicitly prohibits the Town from applying any local design or development standards. The Town therefore may not force section 66323 ADUs to adhere to any local design or development standards, regardless of what may or may not be feasible in the eyes of the Town. Also, this standard is not objective. It is impossible for an applicant to know which code provisions the Town will decide to waive. For instance, if an applicant proposes a front yard ADU, which is legal pursuant to Government Code, section 66323, but the Town disapproves it based on staff ’s judgement that an ADU might be developable in the backyard, then this provision is plainly not objective. The applicant cannot know ex ante and with certainty under what circumstances the Town will judge that lot conditions allow (or do not allow) the waiver of these standards. Cities (and towns) may impose only “objective standards” on ADUs. (Gov. Code, § 66314, subd. (b)(1); see also Gov. Code, § 66315 [stating local jurisdictions may only impose standards authorized by section 66314].) “Objective standards” are “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.” (Gov. Code, § 66313, subd. (i).) HCD, which has the power to “adopt … guidelines to implement uniform standards or criteria that supplement or clarify the terms, references, and standards” of the state ADU law, confirms that the Town may not impose non-objective standards on ADUs. HCD’s January 2025 ADU Handbook, on page 35, states: “Development standards [for ADUs] must be objective to allow for ministerial review.” The Town must exempt section 66323 ADUs from all local design and development standards, as is required by state law. (Gov. Code, § 66323, subd. (b).) 2 of 7 Impermissible Design Requirements Code section 32-76.5(e) imposes design requirements on ADUs, including color, siding, and roof materials. However, the Town may only require such design requirements for ADUs that do not qualify for the protections of Government Code section 66323. As discussed above, Government Code section 66323 mandates that the City approve a specific class of ADUs subject only to specified height and setback requirements, notwithstanding any local code requirements to the contrary. SB 1211 made this even more explicit: Government Code section 66323, subdivision (b): “A local agency shall not impose any objective development or design standard that is not authorized by this section upon any accessory dwelling unit that meets the requirements of any of paragraphs (1) to (4), inclusive, of subdivision (a).” See pages 18-20 of the HCD’s January 2025 ADU Handbook for further information on section 66323 ADUs. For instance, from page 20 of the Handbook, (emphasis added): A local agency may not impose development or design standards, including both local standards and standards found in State ADU Law, on 66323 Units that are not specifically listed in Government Code section 66323. (Gov. Code, § 66323, subds. (a), (b).) This includes, but is not limited to, parking, height, setbacks, or other zoning provisions (e.g., lot size, open space, floor area ratio, etc. The Town must exempt section 66323 ADUs from all design requirements. Unclear Allowance of Detached ADUs in Single Family Districts Code section 32-76.6(e)(3) seems to allow a detached ADU in single-family districts only if it is combined with a conversion ADU and a JADU. It seems improbable that the Town intended this. Additionally, code section 32-76.6 regulates attached ADUs, and it is odd to include a regulation on detached ADUs inside a code section that regulates attached ADUs. We recommend editing this section to clarify that a detached ADU is allowed in conjunction with every single-family home in residential or mixed-use zones, whether or not there is also a conversion ADU and a JADU on the property, as is required by Government Code section 66323, subdivision (a)(2). Impermissible Front Setback Requirements Code section 32-76.7(b) applies underlying front setbacks to detached ADUs in single-family zoning districts, relaxing this requirement only “to the extent necessary to allow for an 3 of 7 Accessory Dwelling Unit of at least 800 square feet.” Code section 32-76.9(c) applies underlying front setbacks to detached ADUs in multi-family zoning districts, relaxing this requirement only “to the extent necessary to allow for an Accessory Dwelling Unit of at least 800 square feet.” However, Government Code section 66323, subdivision (b) does not permit any imposition of front setback requirements for section 66323 ADUs if the ADUs qualify for the protections of that section of law. HCD has issued guidance under its authority in Government Code section 66327 (that guidance is located in the January 2025 HCD ADU Handbook, page 18) affirming the duty of local agencies to allow ADUs protected by Government Code section 66323 in the front setback under all circumstances: “66323 Units do not have to comply with lot coverage, front setbacks, and design standards.” This applies whether the property is a single family home or a multifamily building. There are many policy reasons for this. For instance, a homeowner may prefer to preserve a private backyard space while redeveloping the less useful front yard. While children may play in the backyard, the front yard is closer to the street and less safe for a variety of activities. The Town therefore must allow front yard ADUs that comply with the standards in Government Code section 66323, subdivision (a) both on single family and on multifamily properties. Also, this standard is not objective or sufficient. For instance, if an applicant proposes a front yard ADU, which is legal pursuant to Government Code, section 66323, but the Town disapproves it based on staff’s judgement that an ADU might be developable in the backyard, then this provision is plainly not objective. The applicant cannot know ex ante and with certainty under what circumstances the Town will judge that lot conditions allow (or do not allow) the waiver of the front yard setback standard. As discussed supra, Cities (and towns) may impose only “objective standards” on ADUs. (Gov. Code, § 66314, subd. (b)(1); see also Gov. Code, § 66315 [stating local jurisdictions may only impose standards authorized by section 66314].) HCD’s ADU Handbook confirms this, on page 35. “Objective standards” are “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.” (Gov. Code, § 66313, subd. (i).) Additionally, Government Code section 66323, subdivision (a)(4) allows detached ADUs on multifamily parcels without size restriction, which means that the code (non-objective) 4 of 7 carveout for 800 square foot ADUs is not sufficient to cover detached ADUs on multifamily parcels. The Town should exempt section 66323 ADUs from all front setback requirements, as is required by state law. Required Height Allowance Code section 32-76.9(d) generally limits detached ADUs on multi-family parcels to 18 feet in height. However, Government Code section 66321, subdivision (b)(4)(B) obligates the Town to allow an additional two feet of height to align the roof pitch with that of the primary dwelling. The Town should amend its code to reflect this requirement of state law. Impermissible Maximum Unit Sizes on Multi-family Parcels Code section 32-76.9(e) limits the size of new construction, detached ADUs on multi-family parcels to 1,200 square feet. However, the Town may not impose any size limits on ADUs eligible for the protections of Government Code section 66323, subdivision (a)(4), which allows the development of up to eight detached ADUs on multifamily properties. Government Code section 66323, subdivision (b) states, “A local agency shall not impose any objective development or design standard that is not authorized by this section upon any accessory dwelling unit that meets the requirements of any of paragraphs (1) to (4), inclusive, of subdivision (a).” This means that the City cannot impose any standards on section 66323 ADUs beyond what is specifically allowed in that section of state law, including a size limit for ADUs on multifamily parcels developed pursuant to Government Code section 66323, subdivision (a)(4). See pages 18-20 of the January 2025 HCD ADU Handbook for more information on section 66323 ADUs. The Town should amend its ADU ordinance to remove this maximum unit size restriction, as it is not permitted by state law for new detached ADUs on multifamily properties. Impermissible Size Limit on Conversion ADUs Code section 32-76.11(a) limits the conversion of existing space inside a single-family dwelling to 50% of the existing dwelling. This code section also limits conversion ADU size to 850 square feet or 1,000 square feet, depending on bedroom count. 5 of 7 However, the Town may not apply this size limit to ADUs developed pursuant to Government Code section 66323, subdivision (a)(1). As discussed supra, Government Code section 66323, subdivision (a) obliges the Town to approve certain types of ADUs without imposing any development standards not specifically allowed by section 66323. (Gov. Code, § 66323, subd. (b).) There are no size limits in section 66323 for ADUs created via the conversion of existing space, and the Town may not impose one unilaterally. The Town should amend its ADU ordinance to remove this maximum unit size restriction, as it is not permitted by state law. Impermissible Parking Requirements Code section 32-76.14 imposes parking requirements on all ADUs, less certain exceptions. However, as discussed supra, the City cannot require parking for ADUs that conform to the requirements of Government Code section 66323, subdivision (a), as section 66323, subdivision (b) specifically exempts such ADUs from all local requirements. From page 20 of the January 2025 HCD ADU Handbook (emphasis added): A local agency may not impose development or design standards, including both local standards and standards found in State ADU Law, on 66323 Units that are not specifically listed in Government Code section 66323. (Gov. Code, § 66323, subds. (a), (b).) This includes, but is not limited to, parking, height, setbacks, or other zoning provisions (e.g., lot size, open space, floor area ratio, etc.). The Town must amend its ADU ordinance to exempt section 66323 ADUs from all parking requirements, as is required by state law. Out-of-Date Reference Code section 32-76.2(a) refers to Government Code section 65852.2, subdivision (i)(4). However, state ADU law was reorganized in 2024, and it is now located at Government Code section 66310 et seq. ⧫ ⧫ ⧫ It is laudable that the Town is updating its ADU regulations as state law changes. However, the Town should make sure that its zoning regulations comply with state law. 6 of 7 CalHDF is a 501(c)(3) non-profit corporation whose mission includes advocating for increased access to housing for Californians at all income levels, including low-income households. You may learn more about CalHDF at www.calhdf.org. Sincerely, Dylan Casey CalHDF Executive Director James M. Lloyd CalHDF Director of Planning and Investigations 7 of 7 September 17, 2025 VIA U.S. MAIL AND ELECTRONIC MAIL Danville Town Council Town of Danville 500 La Gonda Way Danville, CA 94526 devserv@danville.ca.gov randerson@danville.ca.gov narnerich@danville.ca.gov Re: Proposed Amendments to Town's ADU Regulations Dear Danville Town Council Members: This law firm is legal counsel for the Montair Property Owner’s Association (MPOA), the board has directed us to send you their concerns regarding proposed amendments to rules governing the construction of accessory dwelling units (ADUs) in Danville. MPOA is a homeowners’ association encompassing 129 properties and 125 homes over approximately 350 acres in the hills west of central Danville. Established in 1949, the community was designed with minimum lot sizes of 1 1/2 acres on challenging terrain. Critically, the development lacks interconnecting roads; all roads terminate in dead-ends, providing no alternative escape routes. MPOA maintains 3.5 miles of private roads, all designated as fire lanes, which average only 20 feet in width and fall short of Town standards. No roadside parking exists. Potable water and fire suppression resources are supplied by two EBMUD storage tanks with a combined capacity of approximately 800,000 gallons. While MPOA recognizes that California law strongly promotes ADU development to address the statewide housing shortage—and that legislative and judicial actions have curtailed most opportunities for local restriction—the unique geography and safety conditions in the MPOA community make ADU proliferation particularly hazardous and of concern. MPOA’s concerns include the following: Fire Safety: Additional structures increase ignition risks while straining already limited firefighting resources. Emergency Evacuation: More residents and vehicles on narrow, dead-end roads reduce escape viability during wildfires or other disasters. Stormwater Management: Additional impermeable surfaces will intensify drainage and erosion issues in fragile terrain. ATTACHMENT D Danville Town Council September 17, 2025 Page 2 __________________  Road Safety: Increased traffic on undersized, privately maintained roads will exacerbate hazards and accelerate deterioration.  Water Supply: Expanded demand will further stress limited potable and firefighting reserves.  Parking: Because on-street parking is unavailable, additional vehicles may block or impede designated fire lanes. The dangers are not theoretical. CAL FIRE designates 72 percent of MPOA as a high wildfire risk zone. California has repeatedly witnessed tragedies where residents could not evacuate in time— such as in the Oakland Hills Fire and recent Southern California wildfires. In MPOA, where all roads have a dead-end, the risk of entrapment is acute. Many residents would be unable to evacuate on foot due to age, infirmities, smoke, and heat exposure. These risks are also recognized in the insurance market. Many MPOA homeowners have had their insurance policies canceled due to wildfire exposure. One resident, for example, was forced to obtain coverage out of state at an annual premium of $41,000—up from $5,400. This illustrates both the severity of the fire hazard and the financial burden it imposes on residents. Accordingly, MPOA respectfully urges the Town Council to adopt protective constraints within its ADU regulations to reflect the conditions of hillside communities like ours. Specifically, we request that MPOA be exempted from blanket ADU approvals, given its designation as a high fire-risk area combined with its single-access, sub-standard road network. Simply put, one size does not fit all. Without meaningful exceptions, the amendments could create foreseeable risks of loss of life, property destruction, and legal liability. Attached are specific recommended amendments to the Town ADU Regulations. The MPOA Board of Directors stands ready to meet with the Town Council to discuss these issues in greater detail. Very truly yours, BERDING & WEIL LLP Paul W. Windust Principal pwindust@berdingweil.com PWW:cl cc: Board of Directors Danville Town Council September 17, 2025 Page 3 __________________ Proposed exception clause. This language leverages the Town’s authority under California Government Code §§ 65852.2(c), (g), 65852.26, and 51178 to impose objective safety-related restrictions in high fire hazard and limited-access areas. Proposed Exception Clause for Danville ADU Ordinance Section X – Exceptions for High Fire Hazard and Limited-Access Communities 1. Applicability. This section shall apply to properties located within: o Areas designated by CAL FIRE as “High Fire Hazard Severity Zones” pursuant to Government Code § 51178 and Public Resources Code § 4201 et seq.; or o Residential subdivisions with a single point of ingress/egress and roadways that do not meet the minimum width and circulation requirements of the Town of Danville or California Fire Code. 2. ADU Restrictions. In the areas described above, approval of new Accessory Dwelling Units (ADUs) and Junior ADUs shall be subject to the following objective standards, consistent with Government Code § 65852.2(c): o Fire Safety: No ADU shall be approved unless the property demonstrates adequate defensible space, fire-resistant construction, and compliance with California Building Standards Code (Title 24, Part 2.5, § R337). o Evacuation and Access: ADUs shall be prohibited on parcels accessed only by substandard or dead-end roads where increased occupancy would reduce emergency evacuation capacity. o Parking: Where no on-street parking is available, an ADU shall provide at least one off- street parking space, unless prohibited by state law. Parking shall not obstruct designated fire lanes. o Water and Infrastructure: ADU approval shall be conditioned on verification that sufficient water supply, pressure, and storage exist for both residential and fire suppression use. Danville Town Council September 17, 2025 Page 4 __________________ 3. Findings Required. The Town may deny or condition an ADU permit where it finds, based on substantial evidence, that the proposed unit would create a specific, adverse impact upon the public health and safety that cannot be mitigated, consistent with Government Code §§ 65852.2(c), 65852.2(g), and 65852.26. 4. Severability. If any provision of this section is held invalid, the remaining provisions shall remain in full force and effect. Key Legal References  Gov. Code § 65852.2(c): Authorizes local agencies to impose objective standards related to height, lot coverage, traffic circulation, public safety, water, and sewer service.  Gov. Code § 65852.2(g): Allows denial of an ADU if there is a specific, adverse impact to public health and safety, and no feasible method to mitigate it.  Gov. Code § 65852.26: Allows cities/counties to adopt additional restrictions for ADUs in areas with fire and other environmental hazards.  Public Resources Code § 4201 et seq. & Gov. Code § 51178: Require CAL FIRE to designate Very High and High Fire Hazard Severity Zones, which carry enhanced safety requirements.  California Building Standards Code, Title 24, Part 2.5 (R337): Requires fire-resistant construction in wildland-urban interface fire areas.