Danville To Finalize New ADU Regulations

DANVILLE, CA —The Danville Town Council will hold a second reading and vote on an ordinance updating the town’s rules for accessory and junior accessory dwelling units. If approved, the ordinance would repeal and replace the town’s existing ADU chapter 30 days after adoption.

In recent years, state lawmakers have repeatedly revised ADU regulations to encourage the construction of more small, second homes on residential lots by easing zoning restrictions and streamlining approvals, according to a town staff report. The council will look at Danville’s updated ordinance, which responds to comments from the California Department of Housing and Community Development, which must approve all local ADU ordinances to make sure they are in compliance with state law.

State-required changes include:

• Adjustments to the maximum height and quantity of detached ADUs in multifamily districts. Under the new ordinance, the base height is 16 feet. If it is a multistory building, or located within a half-mile of major transit or a multistory building, it is up to 18 feet. If the full primary-building setbacks are met, it can be 25 feet. The new ordinance also allows up to eight detached ADUs if he lot has existing multifamily units.
• Reduced setbacks to allow construction of 800-square-foot units. Detached and attached ADUs in both single and multi-family districts must observe a four-foot side and rear setback, unless this prevents the construction of an 800 square-foot ADU.
• Clarification of ministerial review timelines, which require the town to approve of deny ADU applications within 60 days of receiving completed submissions
• Removal of local restriction of separate conveyance of ADUs. Danville’s prior ordinance prohibited all separate sales of ADUs. In compliance with state law, the new ordinance allows the conveyance under certain narrowly-defined circumstances, such as being built by a qualified nonprofit, or owned by a housing organization.

The Planning Commission recommended approval of the updated ordinance in September. Since then, staff have received letters from the California Housing Defense Fund, which urged the town to eliminate certain design and setbacks it said were inconsistent with state law, and the Montair Property Owners Association, which raised concerns about increased development in a hillside neighborhood designated a high fire-hazard area.

On Oct. 21, council members asked staff to look into whether ADU construction could be limited in high-risk areas. The most recent town staff report does not detail any changes.

See here for the agenda report, and here for Tuesday’s full agenda.