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Home My WebLink About110525-05.3 Housing Defense Fund letter-11DF Nov 5, 2025 Town of Danville 500 La Gonda Way Danville, CA 94526 By email: rmorgan@danville.ca.gov; narnerich@danville.ca.gov; mbelotz@danville.ca.gov; kstepper@danville.ca.gov; rstorer@danville.ca.gov CC: twilliams@danville.ca.gov; Rewing@Danville.ca.gov; Msunseri@danville.ca.gov; devsery@danville.ca.gov; cbravo@danville.ca.gov Re: Proposed Amendments to the Town's ADU Regulations Dear Danville Town Council, The California Housing Defense Fund ("Ca1HDF") submits this letter as a public comment regarding item 5.3 for the Council meeting of November 5, 2025 an amendment to the Town's regulations for the construction of accessory dwelling units ("ADUs") and junior accessory dwelling units ("JADUs"). There is a remaining legal issue in the ordinance, which the Town should correct 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 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 Proposed code section 32-76.13, Statewide Exemption Accessory Dwelling Units, is written as follows: 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 66323. However, Government Code section 66323 applies to four separate types of ADUs: • Conversion ADUs on single-family properties; • New construction, detached ADUs up to 800 square feet with 4 foot side/rear setbacks and up to the and height limits provided in section 66321, subdivision (b)(4); • Conversion ADUs within multi -family buildings; • New construction, detached ADUs on multifamily properties with 4 foot side/rear setbacks and up to the and height limits provided in section 66321, subdivision (b)(4); The only size limit imposed by section 66323 is the 800 square foot size limit, and this is only applied to new construction, detached ADUs on single-family properties. Section 66323 does not apply a size limit to any of the three other types of statewide exemption ADUs. Because Government Code section 66323, subdivision (b) explicitly prohibits the Town from applying any local design or development standards, the Town may not impose any of its local standards (e.g. design standards, parking requirements, front setbacks) on section 66323 ADUs, including the three kinds of 66323 units that may be larger than 800 square feet in size. Below is potential language for code section 32-76.13 that would be legally sufficient: "Any ADU or JADU that complies with the provisions of Government Code section 66323, including but not limited to a new construction, detached ADU up to 800 2 of 3 square feet in size on the same parcel as an existing or proposed single-family dwelling in a residential or mixed-use zone, shall not be subject to any development standards other than those specifically listed in Government Code Section 66323. " The Town must exempt all section 66323 ADUs from all local design and development standards, as is required by state law. (Gov. Code, § 66323, subd. (b).) ♦♦♦ 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. Ca1HDF 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 Ca1HDF at www.calhdf.org. Sincerely, Dylan Casey Ca1HDF Executive Director James M. Lloyd Ca1HDF Director of Planning and Investigations 3of3