An ordinance that would update Danville’s regulations surrounding ADUs is going before the Town Council Tuesday, with changes aimed at addressing concerns raised by two different letters since the item first went to the Planning Commission last month.
The update was initially proposed for the purposes of revising the town’s regulations to reflect changes in state law that aim to increase housing inventory by making requirements friendlier to those considering adding ADUs to existing properties.
The changes required by new state laws and regulations include a ministerial review process for ADU applications with a 60-day deadline for approval or denial, a maximum 25-foot height requirement, and a shift in ownership requirements that allows an ADU to be owned by a separate party from the primary property owner.
Since the proposed ordinance was recommended by the Planning Commission at its Sept. 9 meeting, the town has received letters expressing concerns from the California Housing Defense Fund (CHDF) and the Montair Homeowners Association.
“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,” Associate Planner Riley Anderson-Barrett wrote in a staff report in response to the CHDF letter.
“Language was clarified allowing the height of detached ADUs in multifamily districts to be raised two feet to align with existing roof pitch,” Anderson-Barrett continued. “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.”
Meanwhile, town staff found that amendments to the ordinance proposed by the Montair Homeowners Association – which would exclude specific areas of the town from by-right approval of ADUs due to concerns over parking, drainage and water issues, and fire safety – were “beyond the scope of the current ordinance.”
While the law allows for “some limited ability for local jurisdictions to designate areas where ADUs would not be permitted,” the only basis allowed for that designation is whether or not sewer and water services are adequate, and if or how the new units would impact traffic flow and public safety.
Anderson-Barrett noted that while those aren’t concerns that can be addressed in the ordinance, ADUs will be evaluated for safety and service adequacy by the relevant local agencies including SRVFPD and EBMUD.
“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,” Anderson-Barrett wrote. “The Ordinance contains the requirement of one off-street parking space unless exempt through circumstances defined under State law.”
Following the upcoming discussion, the proposed ordinance is set to return to the council for a second reading on Nov. 5.
The Danville Town Council is set to meet at 5 p.m. Tuesday (Oct. 21). The agenda is available here.
