• Revises the definition of a “junior accessory dwelling unit” to require the size of a JADU to be no more than 500 square feet of interior livable space (Gov. Code, § 66313, subd. (d)).
• Revises the limitations on impact fees to, instead, prohibit impact fees upon the development of an ADU that has 750 square feet of interior livable space or less or a JADU that has 500 square feet of interior livable space or less, and to require that any impact fee on an ADU that has more than 750 square feet of interior livable space be charged proportionately in relation to the square footage of the primary dwelling unit (Gov. Code, § 66311.5, subds. (a) – (d)). • Requires a permitting agency to determine whether an application for an ADU or JADU is complete and provide written notice of the determination not later than 15 business days after the permitting agency received the application (Gov.
Code, § 66317, subd. (a)(2)(A)).
• Requires the permitting agency to provide the applicant with a list of incomplete items and a description of how the application can be made complete in the written notice, and authorizes the applicant to cure and address the application, as specified, if it is determined that an application is incomplete (Gov. Code, § 66317, subd. (a)(2)(B)).
• Requires the permitting agency to provide a process for the applicant to appeal a denied application, as provided, and requires the permitting agency to provide a final written determination by not later than 60 business days after receipt of the written appeal if a permit application is determined to be incomplete or is denied (Gov. Code, § 66317, subd. (d)(1)).
• Specifies that an ADU or JADU that contains less than 500 square feet of interior livable space does not increase assessable space. • Revises size limitations to be based on the square footage of interior living space of the ADU (Gov. Code, § 66321, subds. (b)(2)(A), (b)(2)(B), and (b)(3)). • Specifies the number of allowable ADUs per lot with a proposed or existing single-family dwelling (Gov. Code, § 66323, subd. (a).
• Clarifies that fire sprinklers are not required for a JADU if the primary residence does not have fire sprinklers and that the addition of a JADU cannot trigger the requirement for fire sprinklers (Gov. Code, § 66323, subd. (d)). • Adds section 66333.5, which specifies that if a local agency fails to submit an adopted JADU ordinance to HCD within the 60-day timeline or fails to respond to HCD’s findings regarding their ordinance within the 30-day timeline, that ordinance is null and void and the local agency must only apply State ADU Law when processing applications for ADUs.
• Requires a local agency to issue a certificate of occupancy for an ADU constructed in a county that is subject to a proclamation of a state of emergency made by the Governor on or after February 1, 2025, even if the primary dwelling has not yet been issued a certificate of occupancy, if certain requirements are 144
Brent Cooper, Community Development Director
met, including that the primary dwelling was substantially damaged or destroyed by an event referenced in the state of emergency proclamation (Gov. Code, § 66328).
• Creates an exception to areas that fall under the California Coastal Act by requiring a local government or the Coastal Commission, as specified, to either approve or deny a coastal development permit application for an ADU within 60 days of receiving a completed application (Gov. Code, § 66329, subd. (a).) • Specifies that no reimbursement is required for school service charges, fees, or assessments sufficient to pay for the program or level of service within the meaning of Government Code section 17556 (Gov. Code, § 66329). • Specifies that reasonable restrictions in covenants, restrictions, and conditions, as described in the Civil Code, shall not include any fees or other financial requirements (Civil Code, § 714.3, subd. (b)).
Changes to ADU Law in 2024:
• SB 477 (Chapter 7, Statutes of 2024) made changes to the numbering of the sections of the Government Code for State ADU and JADU Laws. • Prohibits a local agency from denying a permit for an unpermitted ADU or JADU that was constructed before January 1, 2020, for building code violations, unless the local agency makes a finding that correcting the violation is necessary to comply with conditions that would otherwise deem a building substandard (Gov.
Code, § 66332, subds. (a)-(c)).
• Defines “livable space” as a space in a dwelling intended for human habitation, as the term appears in Government Code sections 66313, subdivision (e), and 66323, subdivision (a)(3)(A).
• Provides that uncovered, off-street parking spaces demolished in conjunction with the construction of an ADU do not need to be replaced (Gov. Code, § 66314, subd. (d)(11)).
• Changes the allowable number of detached ADUs on a lot with an existing multifamily dwelling to eight detached ADUs, provided that the number of ADUs does not exceed the number of existing units on the lot (Gov. Code, § 66323, subd. (a)(4)(A)(ii)).
• Prohibits a local agency from imposing any objective development standards on 66323 Units that are not authorized by the provisions of Government Code section 66323, subdivision (a) (Gov. Code, § 66323, subd. (b)).
Changes to ADU Law in 2023:
• Sunsets a former prohibition on a local agency imposing an owner occupancy requirement on any ADU and instead prohibits a local agency from requiring owner occupancy for an ADU (Gov. Code, § 66315).
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Brent Cooper, Community Development Director
• Allows a local agency to adopt a local ordinance to allow the separate conveyance of the primary dwelling unit and ADU(s) as condominiums, subject to certain conditions (Gov. Code, §§ 66340-66342).
If an existing ADU ordinance fails to meet the requirements of State ADU Law, the ordinance is “null and void” and the local jurisdiction must apply the standards set forth in State ADU Law until it adopts an ordinance that complies with state law (Gov. Code, § 66316). HCD recommends that a local jurisdiction with a noncompliant ADU ordinance repeal the ordinance to provide clarity for ADU applicants who may otherwise rely on the outdated ordinance.
HCD requests a response by June 10, 2026 with either (1) a description of how the ADU ordinance continues to comply with State ADU Law despite the changes to the law, or (2) a plan and timeline to either repeal the current ordinance or adopt an amended, compliant ordinance and submit it to HCD for review.
If you have any questions or need additional information, please contact Hani Baker at [email protected].
Sincerely,
Jamie Candelaria
Section Chief, ADU Policy
Housing Accountability Unit
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ATTACHMENT 6
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REVISED ACCESSORY DWELLING UNIT ORDINANCE – REDLINE
Chapter 19.39 ACCESSORY DWELLING UNITS
19.39.010 Purpose of the chapter
The purpose of this chapter is to increase the supply of smaller units and rental housing units by allowing accessory dwelling units on lots containing a single-family dwelling in various residential districts as shown on Table 19.10.040, and to establish design and development standards for accessory dwelling units to ensure that they are compatible with existing neighborhoods and consistent with the general plan and its elements. Accessory dwelling units contribute needed housing to the community's housing stock.
(Ord. No. 2024-04 Section 6; Ord. 2017-05 § 2, 2017; Ord. 2020-04 § 1, 2020.)
19.39.020 Applicability
The provisions of this chapter apply to all lots that are occupied with a single-family dwelling unit and multifamily dwelling and zoned residential. Accessory dwelling units do not exceed the allowable density for the lot upon which the accessory dwelling unit is located and are a residential use that is consistent with the existing general plan and zoning designation for the lot.
This chapter applies to all residentially zoned lots that contain a single-family or multifamily dwelling. An accessory dwelling unit (ADU) does not count toward the maximum allowed density of the lot on which it is located. An ADU is considered a residential use and is consistent with the lot’s General Plan designation and zoning.
JUSTIFICATION: Simplified the language to be easier to understand. (Ord. No. 2024-04 Section 6; Ord. 2017-05 § 2, 2017; Ord. 2020-04 § 1, 2020.)
19.39.030 General plan consistency
An accessory dwelling unit that conforms to this chapter shall be deemed to be an accessory use or an accessory building and shall not be considered to exceed the allowable density for the lot upon which it is located and shall be deemed to be a residential use that is consistent with the existing general plan and zoning designations for the lot. The accessory dwelling units shall not be considered in the application of any local ordinance, policy, or program to limit residential growth in accordance with Government Code Section 65852.2(a)(8).
An accessory dwelling unit (ADU) that complies with this chapter is considered an accessory use or accessory structure. An ADU does not count toward the maximum residential density allowed on the lot where it is located. An ADU is considered a residential use that is consistent with the lot’s General Plan and zoning designation. ADUs also may not be counted or used when applying any local ordinance, policy, or program that limits residential growth, as provided by Government Code Section 65852.2(a)(8).
JUSTIFICATION: Simplified the language to be easier to understand.
ATTACHMENT 7
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(Ord. No. 2024-04 Section 6; Ord. 2017-05 § 2, 2017; Ord. 2020-04 § 1, 2020.)
19.39.040 Definitions
"Accessory dwelling unit" means any of the following:
(1) One dwelling unit attached to, within, or detached from the proposed or existing primary dwelling unit that is on the same parcel in areas zoned to allow single-family and/or multifamily dwelling residential use, and provides permanent and independent provisions for living, sleeping, eating, cooking, and sanitation for one or more persons.
(2) An efficiency unit, as defined in Section 17958.1 of the Health and Safety Code. (3) A manufactured home, as defined in Section 18007 of the Health and Safety Code. (4) Multiple accessory dwelling units up to 25 percent of the existing multifamily dwelling units within portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings, as defined in Government Code section 65852.2, subdivision (e)(1)(C).
"Junior accessory dwelling unit" means one accessory dwelling a unit that is 500 square feet or less no more than 500 square feet of interior livable space that is contained entirely within the existing footprint of a single-family residence in the primary residence or within an attached garage. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure.
JUSTIFICATION: Revised the JADU definition to explicitly tie the size to interior livable space (Gov.
Code §66313(d)). Clarified that a JADU must be contained entirely within a single family home footprint, which includes the attached garage. Conforms with rule under §66313(d) regarding sanitation facilities.
"Primary residence" means the residential dwelling that existed on the parcel before or constructed concurrent with the accessory dwelling unit.
(Ord. No. 2024-04 Section 6; Ord. 2017-05 § 2, 2017; Ord. 2020-04 § 1, 2020.)
19.39.050 Development standards—Generally
(A) Each accessory dwelling unit requires approval of a building permit. (B) The applicant of each accessory dwelling unit building permit application shall identify the anticipated rent and household size of the new accessory dwelling unit. 155
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(C) The number of accessory dwelling units and junior accessory dwelling units permitted on a lot with an existing or proposed single-family dwelling shall be consistent with Government Code Section 66323 and this Chapter.
JUSTIFICATION: Currently, State Law allows two detached ADUs and one JADU. Due to frequent changes in State Law, the proposed language avoids hard-coding a potentially outdated unit cap (Gov. Code §66323(a)). Added “and this Chapter” in case an additional ADUs are permitted by the ADU ordinance in the future (i.e., through a bonus program). (D) A multi-family or single-family primary residence dwelling must exist on the parcel before the accessory dwelling unit is built or it shall be built concurrently with the accessory dwelling unit. (E) Accessory dwelling units qualifying under Government Code Section 66323 shall be subject only to the development standards expressly authorized by Government Code Sections 66321 and 66323 and shall not be subject to any other local development or design standards.
Accessory dwelling units shall comply with the lot area, yard setback, height, and building coverage standards of the applicable residential zoning district as described in Section 19.10.050 except for the following:
(1) The accessory dwelling unit is built in the garage and the garage setback is closer than the setback for the primary residence.
(2) If the accessory dwelling unit is built in a previously-permitted accessory structure, the accessory structure setbacks apply and not the setbacks for a single-family house. (3) Development standards shall be waived to permit a detached accessory dwelling unit that is no greater than eight hundred square feet, and has four-foot setbacks. (4) The maximum ADU height depends on these conditions:
(a) A height of 16 feet for a detached accessory dwelling unit on a lot with an existing or proposed single family or multifamily dwelling unit.
(b) A height of 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed single family or multifamily dwelling unit that is within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code.
(c) A local agency shall also allow 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. (d) A height of 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed multifamily, multistory dwelling.
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(e) 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 clause shall not require a local agency to allow an accessory dwelling unit to exceed two stories. (5) The applicant shall not be required to correct pre-existing nonconforming zoning conditions that are not related to the ADU as a condition of ADU approval.
JUSTIFICATION: State Law regularly amends allowable ADU development standards. It is no longer practical to list them in the city’s ordinance. Instead, it is more accurate to look up the current development standards in Government Code Section 66323, 66321, and 66323. (F) Accessory Dwelling Living Area Standard.
(1) A Detached accessory dwelling unit shall not exceed one 1,200 square feet, unless:
(a) On a single-family lot, the detached ADU converts a previously-permitted accessory structure which is greater than 1,200 square feet. In this circumstance, the ADU may equal the square footage of the existing accessory structure.
(b) On a lot with a multifamily primary dwelling, the detached ADU is not subject to a square foot limit (Gov. Code, § 65852.2, subds. (e)(1)(A), (C), and (D)). (2) Attached ADUs shall not exceed 1,200 square feet, except this limitation shall not apply to conversion ADUs under Government Code 66323(a)(1) or (a)(3). An Attached accessory dwelling unit may occupy up to fifty percent of the primary residence living area but shall not exceed 1,200 square feet.
(3) A Junior accessory dwelling unit shall not exceed 500 square feet. (G) Fire Sprinkler Requirements.
(1) Accessory dwelling units (ADUs) must comply with all applicable state fire safety requirements and locally adopted building and fire codes in Title 16. These requirements may include, but are not limited to, adequate water supply and fire department access.Accessory dwelling units shall comply with all applicable fire safety provisions of state law as well as locally adopted building and fire codes under Title 16. Examples include, but are not limited to, standards such as water supply and fire department access.
(2) Accessory dwelling units (ADUs) are not required to have fire sprinklers unless fire sprinklers are also required in the primary dwelling. The following standards apply to this requirement:Accessory dwelling units shall not be required to be equipped with fire sprinklers unless fire sprinklers are required for the primary residence. For purposes of this requirement, the following standards shall apply:
JUSTIFICATION: Simplified the language to be easier to understand. 157
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(a) When the primary residence has fire sprinklers, the accessory dwelling unit or junior accessory dwelling unit shall be constructed with fire sprinklers. (b) When the primary residence does not have fire sprinklers, the junior accessory dwelling unit and or junior attached accessory dwelling unit do not require fire sprinklers, and the construction of an accessory dwelling unit or junior accessory dwelling unit shall not trigger a requirement to retrofit the primary dwelling with fire sprinklers.
(c) Detached accessory dwelling units require fire sprinklers unless the primary residence does not have fire sprinklers.
JUSTIFICATION: Sprinkler retrofits will not be required for a new ADU or JADU when the primary house does not have sprinklers (Gov. Code §66323(d)). Cleaned up for clarity and conciseness, removing the currently arbitrary distinction between detached ADUs, attached ADUs, and JADUs for purposes of fire sprinklers. Fixed typo in subsection b which previously read “fire” instead of “fire sprinklers.”
(H) The City shall not require recordation of a deed restriction except where authorized by state law.
Deed Restrictions. Prior to issuing a building permit for an accessory dwelling unit, the property owner shall file with the county recorder, in a format with language approved by the city, a declaration of restrictions containing a reference to the deed under which the property was acquired by the present owner and stating that:
(1) The accessory dwelling unit shall not be sold separately. (2) The restrictions are binding upon any successor in ownership of the property. (3) The property owner must occupy as a primary residence one of the two dwelling units on the property, either the primary or accessory dwelling unit except accessory dwelling unit and junior accessory dwelling unit applications submitted between January 1, 2020 to January 1, 2025.
Owner-occupancy shall not be required for ADUs. Owner occupancy of the primary home is required only when there is no separate sanitation facilities for the JADU.
JUSTIFICATION: Owner-occupancy must occur when sanitation facilities are shared between the primary house and the JADU (Gov. Code §66333(b)). State law now prohibits other owner occupancy requirements for ADUs and JADUS with separate sanitation facilities. (Gov. Code § 66315 [ADUs] & Gov. Code §66333(b) [JADUs]).
(4) When the applicant is a qualified nonprofit housing organization, a deed restriction is not required.
(I) Impact Fees.
(1) Accessory dwelling units less than 750 square feet or less of interior livable space and all junior accessory dwelling units with 500 square feet or less of interior livable space shall be are exempt from all city impact fees.
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JUSTIFICATION: Clarifies a specific exemption for JADUs that was implied in the current ordinance (Gov. Code §66311.5
(2) Impact fees for accessory dwelling units equal to or greater than 750 square feet are exempt from water and sewer capacity fees. All remaining impact fees shall be charged proportionately in relation to the square footage of the primary dwelling unit.
(J) Accessory Dwelling Units on Multifamily Dwellings. The building division shall review and approve ministerially accessory dwelling units under the following conditions. (1) Non-habitable area within an existing multifamily dwelling structure, including, but not limited to:
storage rooms, boiler rooms, passageways, attics, basements or garages, may be converted to one or more accessory dwelling units if each accessory dwelling unit complies with state dwelling unit building standards.
(2) An existing multifamily dwelling shall be permitted to accommodate additional accessory dwelling units in an amount up to twenty-five percent of the existing multifamily dwelling units. (3) Multifamily lots may include detached ADUs consistent with Government Code Section 66323(a)(4), up to eight units not exceeding existing unit count. An existing multifamily dwelling is permitted a minimum of one accessory dwelling unit up to two detached accessory dwelling units on the same lot. Each detached accessory dwelling unit shall subject to a height limit in accordance with Section 19.35.050(E)(4) and four- foot rear yard and side yard setbacks. (K) CC&Rs. As defined in California Civil Code Section 4751 or any successor statute, any covenant, condition, and restriction (CC&R) or contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of any interest in a planned development, and any provision of a governing document, that effectively prohibits or unreasonably restricts the construction or use of an accessory dwelling unit or junior accessory dwelling unit on a lot zoned for single-family residential use that meets the above-described minimum standards (subsections F and G) established for those units shall be void and unenforceable. Reasonable restrictions include restrictions that do not unreasonably increase the cost to construct, effectively prohibit the construction of, or extinguish the ability to otherwise construct, an accessory dwelling unit or junior accessory dwelling unit. Reasonable restrictions shall not include any fee, charge, or other financial requirement related to the construction or use of an accessory dwelling unit or junior accessory dwelling unit.
JUSTIFICATION: CC&R restrictions may not impose fees or financial requirements for an ADU or JADU (Civ. Code §714.3(b)).
(L) ADUs that qualify under Government Code Section 66323 shall be approved ministerially and are not subject to local development or design standards, except as specifically allowed by state law.
JUSTIFICATION: This section reinforces ministerial approval of ADUs as mentioned elsewhere. (Ord. No. 2024-04 Section 6; Ord. 2017-05 § 2, 2017; Ord. 2020-04 § 1, 2020.) 159
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19.39.060 Junior accessory dwelling unit standards
(A) Each junior accessory dwelling unit shall comply with the following building standards. (1) The dwelling must have its own exterior entrance.
(2) The kitchen must include a cooking facility with appliances and includes a food preparation counter and storage cabinets.
(3) The bathroom may be included in the unit or shared with the primary residence. (4) Junior accessory dwelling units are exempt from the building code wall separation requirements with the primary residence.
(Ord. No. 2024-04 Section 6; Ord. 2017-05 § 2, 2017; Ord. 2020-04 § 1, 2020.)
19.39.070 Parking standards
Parking shall not be required for ADUs qualifying under Government Code Section 66323. (A) When accessory dwelling unit parking is required by this chapter or provided at the discretion of the homeowner, parking spaces may be covered or uncovered, provided as tandem parking on an existing driveway or on a paved surface in a setback or yard area. (B) Primary Residence. Parking for the primary residence must comply with Chapter 19.21 except when the garage is converted to an ADU.
(C) Detached Accessory Dwelling Unit.
(1) A minimum of one on-site parking space is required. (2) Notwithstanding subsection (C)(1), on-site ADU parking is not required when:
(a) The detached accessory dwelling unit is located within one-half mile walking distance of public transit or within one block of a car-sharing pickup/drop-off location; and/or (b) The ADU is located within an architecturally and historically significant historic district; and/or (c) The ADU is part of the proposed or existing primary residence or an accessory structure; and/or (d) On-street parking permits are required but not offered to the occupant of the ADU; and/or (e) A car share vehicle is located within one block of the accessory dwelling unit; and/or (f) An accessory dwelling unit building permit application is submitted in conjunction with a building permit application for a new single-family dwelling or a new multifamily dwelling on the same lot. 160
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D. Attached Accessory Dwelling Unit. No on-site parking is required.
E. Junior Accessory Dwelling Unit. No on-site parking is required.
F. 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, the city shall not require replacement of the off-street parking spaces. (Ord. 2020-04 § 1, 2020; Ord. 2017-05 § 2, 2017)
JUSTIFICATION: State Law regularly amends allowable ADU development standards. It is no longer practical to list them in the city’s ordinance. Instead, it is more accurate to look up the current development standards in Government Code Section 66323, 66321, and 66323. (Ord. No. 2024-04 Section 6; Ord. 2017-05 § 2, 2017; Ord. 2020-04 § 1, 2020.)
19.39.080 Operational standards
(A) The accessory dwelling unit may not be sold separately from the primary residence except as authorized by Government Code Section 66341.
(B) Owner-Occupancy. The property owner shall reside in either the primary residence or the accessory dwelling unit except accessory dwelling unit and junior accessory dwelling unit applications submitted between January 1, 2020 to January 1, 2025. (C) Minimum rental term for an accessory dwelling unit or junior accessory dwelling unit is may not be rented for transient occupancy (less than thirty consecutive days).
JUSTIFICATION: State law requires a specific minimum 30-day rental term for JADUs (Gov. Code §66333(g)). The City can require that rentals for ADUs must be for 30 days or longer. (Gov. Code §66315).
(Ord. No. 2024-04 Section 6; Ord. 2017-05 § 2, 2017; Ord. 2020-04 § 1, 2020.)
19.39.090 Design standards
Accessory dwelling units shall comply with the following standards. (A) An accessory dwelling unit connected to an onsite water treatment system requires a percolation test completed within the last five years, or, if the percolation test has been recertified, within the last ten years.
(Ord. No. 2024-04 Section 6; Ord. 2017-05 § 2, 2017; Ord. 2020-04 § 1, 2020.)
19.39.100 Review and approval process
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Permits for accessory dwelling units and junior accessory dwelling units shall be reviewed ministerially through the building division in accordance to Government Code Section 6631765852.2 (a) through (de).
(A) The building division shall 'approve or deny' the application to create an accessory dwelling unit or junior accessory dwelling unit within sixty days from the date the building division receives a completed application if there is an existing single-family or multifamily dwelling on the lot. (B) If the City denies an accessory dwelling unit building permit application, the applicant shall receive a list of application deficiencies that would remedy a subsequent building permit application.
JUSTIFICATION: This issue is revised and relocated to (C) and (D) below. (B) (C) If the permit application to create an accessory dwelling unit or junior accessory dwelling unit is submitted concurrently with a permit application to create a new single-family dwelling on the lot, the building division may delay acting on the accessory dwelling unit or junior accessory dwelling unit permit application until the building division acts on the new single-family dwelling permit application, but the application to create the accessory dwelling unit or junior accessory dwelling unit shall be considered ministerial without discretionary review or a hearing. If the applicant requests a delay, the sixty-day time period shall be tolled for the period of the delay. (C) Within 15 business days of receipt of an application for an accessory dwelling unit or junior accessory dwelling unit, the Building Division shall determine whether the application is complete and shall provide written notice to the applicant.
JUSTIFICATION: Clarifies that a letter with completeness comments are due within 15-days (Gov.
Code §66317(a)(2)(A)–(B)).
(D). If the application is determined to be incomplete, the written notice shall identify all deficiencies and describe the additional information required to complete the application. The applicant may cure the deficiencies in accordance with state law.
JUSTIFICATION: Codifies our normal plan check process (Gov. Code §66317(a)(2)(A)–(B)). (E). The City shall provide a process for an applicant to appeal a determination that an application is incomplete or denied. A final written determination on appeal shall be issued no later than 60 business days following receipt of the written appeal.
JUSTIFICATION: Adds a formal appeal process to an incomplete determination or denial and adds the state appeal timeline of sixty business days from receipt of the appeal. (Gov. Code §66317(d)). (Ord. No. 2024-04 Section 6; Ord. 2020-04 § 1, 2020.)
19.39.110 Code enforcement
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For accessory dwelling units built before January 1, 2020, the property owner may request delayed enforcement of building standards for five years pursuant to Health and Safety Code section 17980.12.
(A) There shall be no delays granted after January 1, 2030. (B) There shall be no delays granted if the delay of the correction will cause a violation needed to protect health and safety.
(C) A permit for an accessory dwelling unit or junior accessory dwelling unit constructed prior to January 1, 2020 shall not be denied solely due to building code violations unless the City makes a written finding that correction of the violation is necessary to comply with conditions that would otherwise deem the structure substandard.
JUSTIFICATION: Cannot deny an ADU permit solely due to existing building code violations (Gov.
Code §66311.7).
19.39.120 State Law Preemption.
If any provision of this Chapter is found to be inconsistent with state accessory dwelling unit or junior accessory dwelling unit law, state law shall control. Failure to timely submit ordinance amendments to the California Department of Housing and Community Development shall result in the City applying only state standards, as required by law.
JUSTIFICATION: Noncompliant ordinances are null and void; state law controls (Gov. Code §§66316, 66326(d), 66333.5).
(Ord. No. 2024-04 Section 6; Ord. 2020-04 § 1, 2020.)
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ATTACHMENT 8
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CITY COUNCIL AGENDA
SEPTEMBER 1, 2026
STAFF REPORT
PUBLIC HEARING
ITEM NUMBER: 11.
TITLE
Accessory Animal Husbandry and Livestock Keeping Regulations Zoning Code Amendment
RECOMMENDATION
Waive first reading, read by 1tle only, and adopt an Ordinance to amend American Canyon Municipal Code Sec1ons 19.05.090, 19.05.100, 19.10.040, and 19.31.020 to remove the prohibi1on on swine, limit livestock keeping to the Residen1al Estate (RE) Zoning district, and remove obsolete General Plan policy references.
CONTACT
Brent Cooper, AICP, Community Development Director
Matthew Summers, City Attorney
BACKGROUND & ANALYSIS
Project Description
The proposed Zoning Code Amendment would revise three sec1ons of the American Canyon Municipal Code related to animal husbandry and livestock keeping. These include:
1) Remove language that currently excludes swine from the defini1on of Animal Husbandry in ACMC Sec1on 19.05.090 and 2) removes the same prohibi1on from the defini1on of Livestock Keeping in ACMC sec1on 19.05.100. This amendment would allow swine to be kept wherever animal husbandry or livestock keeping is otherwise permi>ed under the zoning code, subject to all exis1ng animal keeping standards, lot size requirements, setbacks, and nuisance regulations. 3) The amendment also provides that animal husbandry and livestock keeping is permi>ed as an accessory use only in the Residential Estate (RE) zoning district.
Background
The Residen1al Estate (RE) zoning district currently permits animal husbandry. Proper1es within the RE district include areas such as Watson Lane, Holcomb Lane, and certain vacant parcels north of Eucalyptus Drive. A variety of large animals are allowed, however, swine are specifically excluded from both the animal husbandry classification and livestock keeping provisions.
The proposed zoning code amendment would allow swine (pigs) within the Animal Husbandry and 165
Livestock Keeping regula1ons. This amendment is appropriate because Animal Keeping Standards have extensive requirements to ensure compa1bility with animal keeping ac1vi1es and neighboring proper1es. For this reason, there is no compelling reason to con1nue with a prohibi1on on on swine (pigs) in locations where large animals are permitted in American Canyon.
Animal husbandry, where animals are kept for commercial purposes, is a rural ac1vity. The code amendment removes commercial animal raising from the suburban and urban zoning districts, and retains it in Residen1al Estate, which requires a minimum one acre lot size. It is proposed to be deleted from the remaining suburban residen1al zoning districts (i.e.: Rural Residen1al Hillside (RRH), Rural Residen1al (RR), Residen1al Single Family (RS), Residen1al Medium Density (RM), and Residential High Density (RH) zoning districts).
One final change proposed is to amend the Residen1al Use list to delete references to policies in the former General Plan. Removing these references is necessary to maintain consistency between the Zoning Code and General Plan.
A copy of redline changes to the municipal code are included in A>achment 2. Each change proposed is discussed in detail below:
Proposed Zoning Code Amendments
1. Animal Husbandry Defini1on (ACMC 19.05.090) and Livestock Keeping Defini1on (ACMC
19.05.100)
Existing Code and Proposed Change
The Animal Husbandry classifica1on includes ac1vi1es such as grazing, ranching, dairy farming, poultry raising, and the raising of fur-bearing animals, but specifically excludes the raising of swine.
The amendment would remove the prohibition of swine as shown in strikeout text below:
Animal husbandry: raising of animals or produc1on of animal products, such as eggs or dairy products, on an agricultural or commercial basis. This classifica1on includes grazing, ranching, dairy farming, poultry raising, the raising of fur-bearing animals, and the sale and storage of materials produced on-site, but excludes the raising of swine, feed lots, stockyards, slaughterhouses, dead animal rendering and wild animal keeping.
The amendment to Livestock Keeping defini1on would remove he prohibi1on of swine as shown in strikeout text below:
Livestock keeping: the keeping of large animals for personal purposes, including equines, bovines, sheep and goats, but excluding swine, in accordance with the provisions of Chapter 19.31, Animal Keeping Regulations.
166
Staff Analysis
The proposed Animal Husbandry amendment recognizes swine as a form of livestock consistent with other agricultural ac1vi1es already permi>ed within appropriate zoning districts. Staff is aware of instances where swine have been raised in a manner compa1ble with surrounding residen1al and agricultural uses. Furthermore, exis1ng Animal Keeping Standards require property owners to prevent nuisances associated with noise, odors, insects, and vermin. These standards provide safeguards that address the primary concerns commonly associated with swine husbandry.
2. Livestock Keeping Standards (ACMC 19.31.020(B)(2))
Existing Code and Proposed Change
The code allows the keeping of equines, bovines, sheep, and goats for personal purposes where livestock keeping is permi>ed but specifically excludes swine. The proposed change would delete the prohibition of swine from the list of permitted livestock as shown in strikeout text below:
(B) Permitted Animals.
(2) Livestock. Large animals, including equines, bovines, sheep, and goats , but excluding swine, may be kept for personal purposes where "livestock keeping" is permi>ed as an accessory use in each underlying zoning district.
Staff Analysis
The code already requires a minimum lot area of 20,000 square feet for livestock keeping. (Sec1on
19.31.020.) In addi1on, all animal keeping ac1vi1es are subject to maintenance, sanita1on, setback, and nuisance control standards. Staff finds that these regula1ons provide adequate safeguards regardless of the species of livestock being kept. Because swine can be regulated under the same opera1onal standards applied to other livestock, staff does not iden1fy a compelling land-use basis for maintaining a categorical prohibition on swine.
3. Amendment to ACMC Section 19.10.040 Allowable Use Table Existing Code and Proposed Change.
The exis1ng code allows livestock keeping in several residen1al zoning districts, including Rural Residen1al Hillside (RRH), Residen1al Estate (RE), Rural Residen1al (RR), Residen1al Single Family (RS) and Medium Density Residen1al (RM). The amendment would allow livestock keeping only in the Residen1al Estate (RE) zoning district. Furthermore, the zoning code would delete cross references to General Plan policies from the former General Plan as described below:
Amend ACMC Section 19.10.040 to:
Permit livestock keeping as an accessory use only in the Residential Estate (RE) zoning district; Clarify where animal husbandry is permitted;
Continue recognition of legally established nonconforming uses as provided by the Municipal Code; and
167
Remove obsolete General Plan policy references.
Staff Analysis
The Residen1al Estate (RE) zoning district has a 1-acre minimum lot size which is the largest of all residen1al single family zoning districts. Because all other residen1al zoning districts are more urban in nature with smaller lots, they are not as well suited to animal husbandry as the Residen1al Estate (RE) zoning districts.
Exis1ng areas of the City that have large animals as pets (livestock keeping) would be permi>ed to continue as a legal, nonconforming use.
Striking out obsolete General Plan policy references is needed to ensure consistency between the zoning code and general plan.
Existing Regulatory Safeguards
ACMC Sec1on 19.31.020, referred to as "Animal Keeping Standards" provides standards for owning and keeping animals of any size or purpose. The proposed amendment does not change these performance standards. The following requirements would continue to apply:
Property Maintenance
Animal facili1es, enclosures, and pasture areas must be maintained free of li>er, garbage, and manure accumulations.
Premises must be kept in a neat and sanitary condition.
Nuisance Prevention
Animal owners must take reasonable measures to prevent excessive noise, odors, flies, vermin, and other nuisances from negatively affecting adjacent properties.
The City may initiate enforcement actions if nuisance conditions occur.
Minimum Lot Size
Livestock keeping, which refers to animals kept for personal (not commercial) purposes requires a minimum lot size of 20,000 square feet, with at least 75 percent of the site accessible and usable for the animals.
Setbacks
Animal enclosures, barns, corrals, pens, and related facili1es must comply with zoning setbacks and separation requirements from structures used for human occupancy.
Violation of animal keeping standards are subject to enforcement and penalties under Chapter
19.02 of the Municipal Code.
Consistency with the General Plan
The proposed amendment is consistent with General Plan policies suppor1ng agricultural uses 168
within areas designated and zoned for such ac1vi1es. The amendment does not expand loca1ons where livestock keeping is permi>ed; rather, it modifies the types of livestock that may be kept in areas where livestock keeping is already allowed. Exis1ng performance standards ensure compatibility with surrounding land uses.
The Planning Commission conducted a public hearing on July 30, 2026 and unanimously recommends the ordinance amendment with no opposition present.
COUNCIL PRIORITY PROGRAMS AND PROJECTS
Community and Sense of Place: "Build on the strength of our local community to develop a clear 'sense of place' and establish our unique identity."
FISCAL IMPACT
Not applicable.
ENVIRONMENTAL REVIEW
The proposed amendment is exempt from environmental review under the California Environmental Quality Act (CEQA) because it can be seen with certainty that the amendment will not have a significant effect on the environment. The amendment does not authorize new development and retains all existing operational standards governing animal keeping.
The proposed amendments do not authorize new development, increase development density, expand the geographic area where livestock keeping or animal husbandry is allowed, or eliminate exis1ng opera1onal standards applicable to animal keeping. Rather, the amendments remove the prohibi1on on swine within exis1ng use classifica1ons, reduce and clarify where livestock keeping and animal husbandry are permi>ed, and retain all exis1ng standards governing lot size, setbacks, maintenance, sanita1on, nuisance preven1on, and code enforcement. Accordingly, the amendments will not result in a direct or reasonably foreseeable indirect physical change in the environment and are exempt under CEQA Guidelines Sec1on 15061(b)(3). The proposed amendments are also exempt under CEQA Guidelines Sec1on 15305 (Minor Altera1ons in Land Use Limita1ons) because they cons1tute minor modifica1ons to land use regula1ons and do not change land use designations, density, or development intensity.
COMMUNICATION
Level 0: No Further Public Communication Needed
ATTACHMENTS:
1. Ordinance Animal Keeping Zoning
2. Redline Amendments to Accessory Use Zoning Code Amendment 169
ORDINANCE NO. 2026-XX
AN ORDINANCE AMENDING AMERICAN CANYON MUNICIPAL CODE SECTIONS 19.05.090,
19.05.100, 19.10.040, AND 19.31.020 TO REMOVE THE PROHIBITION ON SWINE, LIMIT
LIVESTOCK KEEPING TO THE RESIDENTIAL ESTATE (RE) ZONING DISTRICT, AND REMOVE
OBSOLETE GENERAL PLAN POLICY REFERENCES
WHEREAS, the American Canyon Municipal Code (ACMC) regulates livestock keeping and animal husbandry through Chapter 19.05 (Use Classifications), Chapter 19.10 (Residential Zoning Districts), and Chapter 19.31 (Animal Keeping Standards); and
WHEREAS, ACMC Sections 19.05.090 and 19.05.100 currently exclude swine from the definitions of animal husbandry and livestock keeping; and
WHEREAS, the proposed amendments would remove those exclusions and allow swine where animal husbandry or livestock keeping are otherwise permitted by the ACMC; and WHEREAS, The Residential Estate (RE) zoning district is intended for low-density residential development on large lots where livestock keeping is compatible with the area's rural character. In contrast, the Rural Residential Hillside (RRH), Rural Residential (RR), and Residential Single-Family (RS) zoning districts are intended primarily for residential use and generally have development patterns or lot sizes that make livestock keeping less compatible with surrounding neighborhoods.; and WHEREAS, the proposed amendments would clarify that livestock keeping is allowed as an accessory use only in the Residential Estate (RE) zoning district. Livestock-keeping uses that were legally established in other residential zoning districts may continue in accordance with the Municipal Code as legal nonconforming uses; and
WHEREAS, the proposed amendments would clarify that animal husbandry is permitted only in the Residential Estate (RE) zoning district, as animal husbandry is generally a rural agricultural use that is most appropriate on larger lots with greater separation from nearby homes. Any animal husbandry uses that were legally established in other residential zoning districts may continue as legal nonconforming uses; and
WHEREAS, ACMC Chapter 19.31 establishes standards for animal keeping, including minimum lot sizes, setbacks, maintenance requirements, sanitation standards, nuisance prevention measures, and enforcement provisions, all of which would remain in effect; and WHEREAS, the proposed amendments primarily remove the prohibition on swine and update zoning regulations while retaining all existing animal-keeping standards and operational requirements; and WHEREAS, the proposed amendments would remove obsolete General Plan policy references currently contained in ACMC Section 19.10.040; and
170
WHEREAS, the proposed amendments are consistent with the General Plan because they support animal keeping and agricultural uses in appropriate locations while maintaining compatibility with surrounding properties through existing Municipal Code standards; and WHEREAS, on July 30, 2026, the Planning Commission of the City of American Canyon conducted a public hearing and unanimously recommended City Council approval of the ordinance; and WHEREAS, a duly noticed public hearing was held by the City Council of the City of American Canyon on September 1, 2026, at which time all interested persons were given an opportunity to be heard regarding the proposed Municipal Code amendments.
NOW, THEREFORE, BE IT ORDAINED that the City Council of the City of American Canyon hereby adopts amendments to the American Canyon Municipal Code as follows:
SECTION 1. Amendment to ACMC Section 19.05.090 – Animal Husbandry Amend the definition of Animal Husbandry to remove the prohibition on swine as follows:
Animal Husbandry: Raising of animals or production of animal products, such as eggs or dairy products, on an agricultural or commercial basis. This classification includes grazing, ranching, dairy farming, poultry raising, the raising of fur-bearing animals, the raising of swine, and the sale and storage of materials produced on-site, but excludes feed lots, stockyards, slaughterhouses, dead animal rendering, and wild animal keeping.
SECTION 2. Amendment to ACMC Section 19.05.100 – Livestock Keeping Amend the definition of Livestock Keeping to allow swine as follows:
Livestock Keeping: The keeping of large animals for personal purposes, including equines, bovines, sheep, goats, and swine in accordance with the provisions of Chapter 19.31, Animal Keeping Regulations.
SECTION 3. Amendment to ACMC Section 19.31.020(B)(2) – Animal Keeping Standards Amend the livestock provisions to allow swine as follows:
(B) Permitted Animals
(2) Livestock. Large animals, including equines, bovines, sheep, goats, and swine, may be kept for personal purposes where livestock keeping is permitted as an accessory use in the underlying zoning district.
SECTION 4. Amendment to ACMC Section 19.10.040 – Allowable Uses Table Amend ACMC Section 19.10.040 to:
1. Permit livestock keeping as an accessory use only in the Residential Estate (RE) zoning district;
2. Clarify where animal husbandry is permitted;
3. Continue recognition of legally established nonconforming uses as provided by the Municipal Code; and
4. Remove obsolete General Plan policy references as shown on the table below:
171
Table 19.10.040
PERMITTED AND CONDITIONALLY PERMITTED USES
RESIDENTIAL DISTRICTS 1
RESIDENTIAL DISTRICT ZONING DISTRICTS
Use Classifications RRHRERRRSRMRHRelated Provisions
Residential
Congregate living facility - - - - P P
Cottage food operations P P P P P P
Employee housing (1 to 6 occupants) P P P P - -
Garden apartments - - - - P P
Mobilehome - C C C - -
Mobilehome park - - - - C C Chapter 19.10
Multifamily residential - - - - P P
Residential Care Home, Small P P P P P P
Second residential unit P P P P P - Section 19.10.120
Single room occupancy - - - - - P Section 19.10.160
Single-family residential - - - - -
- Detached P P P P P
2 P2
- Semidetached - - P
3 P4 P P
Townhouses - - - - P P
Commercial
Adult business - - - - - -
Animal sales and service - C - - - -
- Boarding kennel - C - - - -
- Grooming - C - - - -
- Medical care - C - - - -
- Retail care - C - - - -
Bank, savings and loan - - - - - -
- Drive-up service - - - - - -
- Walk-up service - - - - - -
Building materials and services - - - - - -
Catering - - - - - -
Commercial printing - - - - - -
- Limited printing - - - - - -
Communication services - - - - - -
Entertainment, indoor - - - - - -
- Amusement center - - - - - -
- Gaming - - - - - -
172
Funeral and interment services
------
Health services------
Laboratory------
Lodging services------
- Bed and breakfast innCCC---
Long-term care facility------
Maintenance and repair services------
Nursery------
Offices, business, and professional------
On-premises liquor consumption-----
- Tasting room------
Pawnshops------
Personal improvement services------
- Night use------
Personal services------
Recycling collection center------
Restaurant------
- Night use------
Restaurant, take-out------
- Night use------
Retail food sales------
- Convenience store------
- Liquor store------
Retail sales------
- Limited------
- Visitor-oriented------
Vehicle/equipment sales and service------
- Automobile rental------
- Automobile washing------
- Service station------
- Vehicle/equipment repair------
- Vehicle/equipment sales, lease and rentals------
Wholesaling, commercial------
Industrial
Hazardous use------
Industry, general------
Industry, limited------
Mineral extraction------
Recycling center------
Research and development------
173
Storage tank(s) - - - - - -
Vehicle/equipment services - - - - - -
- Vehicle/equipment repair - - - - - -
- Vehicle storage - - - - - -
Wholesaling, distribution and storage - - - - - -
- Small scale - - - - - -
- Trucking terminal - - - - - -
Recreational
Recreational facilities, public C C P P P P
Recreation and sports, outdoor C C C C C C
Recreation, passive C C C C C C
Staging area C C C - - -
Public and Quasi-Public
Antenna - - P P P P
- Exceeding height limitations - - C C C C
Community center - - - C C C
Conference center - - - - - -
Cultural facility - - C C C
Day care center - M M M M M
Homeless shelter - - - - C C Chapter 19.42
Public safety facility C C C C C C
Religious facility C C C C C C
School - C C C C C
Utilities, major - - C C C C
Utilities, minor - - P P P P
Agriculture
Animal husbandry - P - - - -
Crop production C P - - - -
Accessory
Accessory dwelling unit - - - - - -
Livestock keeping - P - - - - Chapter 19.31
Caretaker's quarters C C - - - -
Family child care home, large P P P P - - Chapter 19.33 Family child care home, small P P P P P P
Guest house C C C C - -
Home occupation P P P P P P Chapter 19.29
Horticulture, limited P P P P P P
Room rentals - - C C - -
Temporary
Animal show - - - -
174
Commercial filming C C C C C C
Mobile structures C C C C C C Chapter 19.30
Personal property sales P P P P P P
SECTION 5. CEQA Findings The City Council finds that the proposed Municipal Code amendments are exempt from environmental review under the California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3) (General Rule) because it is clear that the amendments will not have a significant effect on the environment.
The amendments do not allow new development, increase development density, expand the areas where livestock keeping or animal husbandry are permitted, or remove existing rules for animal keeping. Instead, the amendments remove the prohibition on swine in certain existing use classifications, clarify and in some cases limit where livestock keeping and animal husbandry are allowed, and continue to apply all existing standards related to lot size, setbacks, maintenance, sanitation, nuisance prevention, and code enforcement. Because the amendments will not cause a direct or reasonably foreseeable indirect physical change to the environment, they are exempt under CEQA Guidelines Section 15061(b)(3).
The City Council also finds that the amendments are exempt under CEQA Guidelines Section 15305 (Minor Alterations in Land Use Limitations) because they make only minor changes to land use regulations and do not change land use designations, allowed density, or development intensity.
SECTION 6. EFFECTIVE DATE. This ordinance shall become effective effect 30 days after its final passage pursuant to Government Code section 36937.
SECTION 7. SEVERABILITY. If any section, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and adopted this Ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
SECTION 8. CUSTODIAN OF RECORDS. The documents and materials that constitute the record of proceedings on which this Ordinance is based are located at the City Clerk’s office located at 4831 Broadway, Suite 201, American Canyon, CA 94503. The custodian of these records is the City Clerk.
The foregoing Ordinance was introduced at a regular meeting of the City Council of the City of American Canyon, State of California, held on the 1
st day of September, 2026 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
175
The foregoing Ordinance was adopted at a regular meeting of the City Council of the City of American Canyon, State of California, held on the _________ day of ____________, ______, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
_____________________________
Pierre Washington, Mayor
ATTEST: APPROVED AS TO FORM:
_______________________________ ___________________________ Taresa Geilfuss, CMC, City Clerk Matthew Summers, City Attorney 176
Redline Zoning Code Amendments
451206.1
SECTION 1. Amendment to ACMC Section 19.05.090 – Agricultural Classifications
19.05.090 Agricultural classifications.
Amend the definition of Animal Husbandry allowing swine within this use classification as amended below:
Animal husbandry: raising of animals or production of animal products, such as eggs or dairy products, on an agricultural or commercial basis. This classification includes grazing, ranching, dairy farming, poultry raising, the raising of fur-bearing animals, the raising of swine, and the sale and storage of materials produced on-site, but excludes the raising of swine, feed lots, stockyards, slaughterhouses, dead animal rendering and wild animal keeping.
JUSTIFICATION: Animal husbandry is permitted in the Residential Estate (RE) zoning district. Properties with RE zoning include Watson Lane, Holcomb Lane, vacant properties on the north side of Eucalyptus Drive. In places where it occurs today, raising swine has been done in a manner compatible with the neighbors. Swine husbandry has historically been a component of agricultural operations and educational projects. Allowing the raising of swine promotes agricultural diversity while recognizing that livestock operations can coexist with surrounding uses when conducted in accordance with established operational standards. Animal husbandry is subject to Animal Keeping Standards which require protection from nuisances, such as noise, odors, vermin, and insects (ACMC 19.31.020). The ordinance balances the interests of agricultural operators with those of nearby residents by permitting swine raising only where parcel size and operational standards are sufficient to minimize land use conflicts.
SECTION 2. Amendment to ACMC Section 19.05.100, Livestock Keeping Amend the definition of Livestock Keeping to allow swine as follows:
Livestock keeping: the keeping of large animals for personal purposes, including equines, bovines, sheep, and goats, but excluding and swine in accordance with the provisions of Chapter 19.31, Animal Keeping Regulations.
JUSTIFICATION: The amendment adds swine to the allowable list of animals that meet the definition of Livestock keeping. Historical practice of raising swine has been done in a manner compatible with the neighbors and is similar to other livestock animals for personal purposes, providing no compelling reason to prohibit swine from accessory use of livestock keeping. Amends for consistency with Chapter 19.21.020 provisions.
SECTION 3. Amendment to ACMC Section 19.31.020(B)(2) – Animal Keeping Standards Amend the Livestock provisions to allow swine as follows:
(B) Permitted Animals.
(2) Livestock. Large animals, including equines, bovines, sheep, and goats, and but excluding swine, may be kept for personal purposes where livestock keeping is permitted as an accessory use in the underlying zoning district.
JUSTIFICATION: Animal Keeping standards prohibit nuisances from all animals, including livestock. Given that swine has been kept while maintaining compatibility with neighbors, there is no compelling reason to prohibit swine from the list of large animals permitted under this ordinance. 177
Redline Zoning Code Amendments
451206.1
SECTION 4. Amendment to ACMC Section 19.10.040 Allowable Use Table Amend ACMC Section 19.10.040 to:
• Permit livestock keeping as an accessory use only in the Residential Estate (RE) zoning district and remove livestock keeping as an accessory use from Rural Residential Hillside (RRH), Rural Residential (RR), and Residential Single Family (RS);
• Clarify where animal husbandry is permitted;
• Continue recognition of legally established nonconforming uses as provided by the Municipal Code; and
• Remove obsolete General Plan policy references as shown below:
Table 19.10.040
PERMITTED AND CONDITIONALLY PERMITTED USES
RESIDENTIAL DISTRICTS 1
RESIDENTIAL DISTRICT ZONING DISTRICTS
Use Classifications RRHRERRRSRMRHRelated Provisions
Residential
Congregate living facility - - - - P P
Cottage food operations P P P P P P
Employee housing (1 to 6 occupants) P P P P - -
Garden apartments - - - - P P
Mobilehome - C C C - -
Mobilehome park - - - - C C Chapter 19.10
Multifamily residential - - - - P P
Residential Care Home, Small P P P P P P
Second residential unit P P P P P - Section 19.10.120
Single room occupancy - - - - - P Section 19.10.160
Single-family residential - - - - -
- Detached P P P P P
2 P2 2GP Policy 1.8.3
- Semidetached - - P
3 P4 P P3GP Policy 1.7.1
4GP Policy 1.7.2
Townhouses - - - - P P
Commercial
Adult business - - - - - -
Animal sales and service - C - - - -
- Boarding kennel - C - - - -
- Grooming - C - - - -
- Medical care - C - - - -
- Retail care - C - - - -
Bank, savings and loan - - - - - -
178
Redline Zoning Code Amendments
451206.1
- Drive-up service - - - - - -
- Walk-up service - - - - - -
Building materials and services - - - - - -
Catering - - - - - -
Commercial printing - - - - - -
- Limited printing - - - - - -
Communication services - - - - - -
Entertainment, indoor - - - - - -
- Amusement center - - - - - -
- Gaming - - - - - -
Funeral and interment services - - - - - -
Health services - - - - - -
Laboratory - - - - - -
Lodging services - - - - - -
- Bed and breakfast inn C C C - - -
Long-term care facility - - - - - -
Maintenance and repair services - - - - - -
Nursery - - - - - -
Offices, business, and professional - - - - - -
On-premises liquor consumption - - - - -
- Tasting room - - - - - -
Pawnshops - - - - - -
Personal improvement services - - - - - -
- Night use - - - - - -
Personal services - - - - - -
Recycling collection center - - - - - -
Restaurant - - - - - -
- Night use - - - - - -
Restaurant, take-out - - - - - -
- Night use - - - - - -
Retail food sales - - - - - -
- Convenience store - - - - - -
- Liquor store - - - - - -
Retail sales - - - - - -
- Limited - - - - - -
- Visitor-oriented - - - - - -
Vehicle/equipment sales and service - - - - - -
- Automobile rental - - - - - -
- Automobile washing - - - - - -
- Service station - - - - - -
179
Redline Zoning Code Amendments
451206.1
- Vehicle/equipment repair - - - - - -
- Vehicle/equipment sales, lease and rentals- - - - - - Wholesaling, commercial - - - - - -
Industrial
Hazardous use - - - - - -
Industry, general - - - - - -
Industry, limited - - - - - -
Mineral extraction - - - - - -
Recycling center - - - - - -
Research and development - - - - - -
Storage tank(s) - - - - - -
Vehicle/equipment services - - - - - -
- Vehicle/equipment repair - - - - - -
- Vehicle storage - - - - - -
Wholesaling, distribution and storage - - - - - -
- Small scale - - - - - -
- Trucking terminal - - - - - -
Recreational
Recreational facilities, public C C P P P P
Recreation and sports, outdoor C C C C C C
Recreation, passive C C C C C C
Staging area C C C - - -
Public and Quasi-Public
Antenna - - P P P P
- Exceeding height limitations - - C C C C
Community center - - - C C C GP Policy 1.12.1
Conference center - - - - - -
Cultural facility - - C C C GP Policy 1.12.1
Day care center - M M M M M GP Policy 1.23.5
Homeless shelter - - - - C C Chapter 19.42
Public safety facility C C C C C C
Religious facility C C C C C C GP Policy 1.23.4
School - C C C C C GP Policy 1.12.1
Utilities, major - - C C C C
Utilities, minor - - P P P P
Agriculture
Animal husbandry - P - - - -
Crop production C P - - - -
Accessory
Accessory dwelling unit - - - - - -
180
Redline Zoning Code Amendments
451206.1
Livestock keeping P P P P - - Chapter 19.31
Caretaker's quarters C C - - - -
Family child care home, large P P P P - - Chapter 19.33 Family child care home, small P P P P P P
Guest house C C C C - -
Home occupation P P P P P P Chapter 19.29
Horticulture, limited P P P P P P
Room rentals - - C C - -
Temporary
Animal show - - - -
Commercial filming C C C C C C
Mobile structures C C C C C C Chapter 19.30
Personal property sales P P P P P P
JUSTIFICATION: Animal husbandry is excluded in the Rural Residential Hillside (RRH), Rural Residential (RR), Residential Single Family (RS), Residential Medium Density (RM), and Residential High Density (RH) zoning districts, but continue to allow animal husbandry in the Residential Estate (RE) zoning district because all residential zoning districts except RE are more urban in nature. Animal husbandry, where animals are kept for commercial purposes is a rural activity, not appropriate in a suburban residential zoning district.
Livestock keeping is permitted as an accessory use only in the Residential Estate (RE) zoning district that legally established livestock-keeping uses in other residential zoning districts may continue in accordance with the Municipal Code as legal nonconforming uses. The Residential Estate (RE) zoning district is intended to accommodate low-density residential development on large lots where the keeping of livestock is compatible with the district's rural estate character. The larger minimum parcel sizes, greater setbacks, and lower residential density provide sufficient space to accommodate accessory livestock uses while minimizing potential adverse impacts on neighboring properties, including noise, odors, flies, dust, waste management, and conflicts between residential and agricultural activities. By contrast, the Rural Residential Hillside (RRH), Rural Residential (RR), and Residential Single-Family (RS) zoning districts are intended primarily for residential living and are characterized by development patterns or lot configurations that make livestock uses less compatible with surrounding neighborhoods.
Although RR and RRH retain certain rural characteristics, these districts are intended principally for residential use rather than agricultural or estate uses. Limiting livestock keeping to the RE district promotes compatibility between land uses, protects neighborhood character, reduces nuisance conflicts, minimizes public health and safety concerns, and ensures that livestock are maintained only on properties capable of accommodating such uses without adversely affecting adjacent residential properties.
Deleting references to obsolete General Plan policies is necessary for zoning-general plan consistency. 181
CITY COUNCIL AGENDA
SEPTEMBER 1, 2026
STAFF REPORT
BUSINESS
ITEM NUMBER: 12.
TITLE
Napa Olympia Rent Stabilization Mediation Budget Amendment
RECOMMENDATION
Adopt a Resolu)on increasing the Community Development Housing Division Contract Services Budget by $80,000 from $28,600 to $108,600 to fund Media)on Services related to the Napa Olympia Mobilodge Rent stabilization matter.
CONTACT
Brent Cooper, AICP, Community Development Director
BACKGROUND & ANALYSIS
Background
In 2011, the City Council adopted the City's Mobile Home Rent Stabiliza)on Ordinance (RSO). The ordinance was developed through several years of work by a 13-member Ad Hoc Task Force.
The RSO allows annual rent increases equal to 100% of the local CPI, up to a maximum of 6%, with at least 90 days' no)ce to residents and the City. If a park owner seeks a larger increase or certain other rent adjustments, residents represen)ng at least 51% of affected spaces may pe))on for mandatory mediation.
Following receipt of the petition, the City convenes a three-member Mediation Panel consisting of a:
• qualified mediator,
• a mobile home park owner from another park, and
• a resident from another park.
As part of the media)on process, the Media)on Panel may retain an independent expert to review the park owner's rent increase jus)fica)on and prepare an independent analysis. The cost of the expert review is paid by the park owner and is not funded by the City. The expert's findings are provided to both par)es and are used by the Media)on Panel to assist in nego)a)ons. Media)on proceeds as long as both parties are satisfied that progress is being made.
If media)on does not resolve the dispute, either party may request arbitra)on. Once an arbitra)on 182
pe))on is filed, the proposed rent increase is stayed and cannot be collected unless and un)l it is approved by the arbitrator. The arbitrator may approve, modify, or deny the requested increase.
Arbitra)on costs are paid by the park owner, although up to 25% of those costs may be passed through to residents if specifically awarded by the arbitrator. The arbitrator's decision is final, subject to judicial review.
Napa Olympia Mobilodge Rent Increase
In May 2026, the City and residents were informed of a planned rent increase by Stockton-based Napa OML MHP 101 LLC (ownership). The rent increas,ewhich would take effect on September 1, 2026, equals approximately 20-40% which exceeds the latest June 2026 CPI of 3.8 percent. A copy of the proposed rent increase is included as Attachment 2.
Per the RSO, a pe))on signed by more than 51% of resident spaces received by the City. The pe))on included the name and contact for a resident representa)ve. On June 24, 2026, the City accepted the pe))on and informed the ownership and resident representa)ve that a media)on case has been opened.
Mediation Panel Selection Process
The City appoints a three-member Media)on Panel consis)ng of a qualified mediator, a mobile home park owner from another park, and a mobile home resident from another park. The City has assembled a list of three volunteer candidates from mobile park ownership and residents outside the Napa Olympia Mobilodge.
The mediator is selected by the City aFer consulta)on with the Napa Olympia Mobilodge ownership and resident representa)ve. The City solicited interest from three mediators with excellent creden)als and selected a Professional Mediator. Following alloca)on of funds through this budget adjustment, the City Manager will award a contract within signing authority.
Following contract execu)on, the Mediator, along with the representa)ve of the Golden State Manufactured Home Owners League (GSMOL) and the affected park owner may select he resident and park-owner panel members from the City's list of candidates.
Staff recommends the Council authorize addi)onal appropria)ons of $80,000 to fund media)on services.
COUNCIL PRIORITY PROGRAMS AND PROJECTS
Organizational Effectiveness: "Deliver exemplary government services."
FISCAL IMPACT
Approval of the recommended ac)on will increase the General Fund budget by $80,000 to fund media)on services. The addi)onal appropria)on will be made to the General Fund's Professional Services line item 100-60-630-42160 and will be funded through the use of Unassigned Fund 183
Balance.
ENVIRONMENTAL REVIEW
This ac)on is not a project under CEQA (State CEQA Guidelines Sec)on 15378) because it involves the alloca)on of funds for administra)ve services and will not cause either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment.
COMMUNICATION
Level 0: No Further Public Communication Needed
ATTACHMENTS:
1. Reso Mediation Services Budget Adjustment
2. Napa Olympia Mobilodge Rent Increase Notice
184
RESOLUTION NO. 2026-
A RESOLUTION INCREASING THE COMMUNITY DEVELOPMENT HOUSING DIVISION CONTRACT SERVICES BUDGET BY $80,000 FROM $28,600 TO $108,600 TO FUND MEDIATION SERVICES
RELATED TO THE NAPA OLYMPIA MOBILODGE RENT STABILIZATION MATTER WHEREAS, in 2011, the City Council adopted the City of American Canyon Mobile Home Rent Stabilization Ordinance (RSO), codified in Chapter 15.04 of the American Canyon Municipal Code, to protect residents from unreasonable rent increases while providing mobile home park owners a fair and reasonable return on their property; and
WHEREAS, the RSO establishes a dispute resolution process that includes mediation and, if necessary, arbitration for certain proposed rent increases; and
WHEREAS, in May 2026, the City and residents were notified of a proposed rent increase by Napa OML MHP 101 LLC for the Napa Olympia Mobilodge Mobile Home Park, with proposed increases ranging from approximately 20 percent to 40 percent; and
WHEREAS, residents representing more than fifty-one percent (51%) of the affected mobile home spaces submitted a petition requesting mandatory mediation pursuant to the RSO; and WHEREAS, on June 24, 2026, the City accepted the petition and initiated the mediation process as required by the RSO; and
WHEREAS, the RSO requires the City to establish a Mediation Panel and fund the costs associated with mediation services; and
WHEREAS, staff has identified the need for additional appropriations in the amount of $80,000 to retain professional mediation services and support the City's responsibilities under the RSO; and WHEREAS, this action is not a project within the meaning of the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15378 because it consists solely of the allocation of funds for administrative services and will not result in a direct or reasonably foreseeable indirect physical change in the environment; and
WHEREAS, a duly noticed public meeting was held by the City Council of the City of American Canyon on September 1, 2026, at which time all interested persons were given an opportunity to be heard regarding the proposed Municipal Code amendments.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of American Canyon hereby approves an increase in appropriations of $80,000 to the Community Development Department, Housing Division Contract Services Account No. 100-60-630-42160, increasing the budget from $28,600 to $108,600 for mediation services related to the Napa Olympia Mobilodge rent stabilization matter. 185
SECTION 1. Authorization. The City Manager, or designee, is authorized to execute contracts and take all actions necessary to implement this Resolution, subject to applicable purchasing and contracting requirements and within the City Manager's delegated authority.
SECTION 2. Effective Date. This Resolution shall take effect immediately upon its adoption.
PASSED, APPROVED and ADOPTED at a regularly scheduled meeting of the City Council of the City of American Canyon held on the 1
st day of September, 2026, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
____________________________
Pierre Washington, Mayor
ATTEST: APPROVED AS TO FORM:
____________________________ _____________________________ Taresa Geilfuss, CMC, City Clerk Matthew Summers, City Attorney 186
Olympia Mobilodge Rent Increase Notice ATTACHMENT 2
187
f. City Mobilehome Rent Petition Form (Revised 5.22.26). g. City FY 2025/2026 Mobilehome Park Rent Stabilization Program Annual Registration Form (Component C supporting document).
Tab 3: Per-Resident Rent Increase Calculation Exhibit — shows Components A, B, and total dollar amount for each of the 199 occupied non-exempt spaces.
Tab 4: MNOI Fair-Return Analysis — Exhibit 1 (Fair Return Analysis) and Exhibit 2 (Net Operating Income Build), per AMC § 15.04.120(C).
Tab 5: 2010 base-year profit-and-loss statement.
Tab 6: 2024 twelve-month profit-and-loss statement.
Tab 7: 2025 twelve-month profit-and-loss statement.
Tab 8: 2025 general ledger.
Tab 9: 2025 balance sheet.
Verification. The financial information accompanying this filing is verified by separate Owner Declaration of Esther Ubaldi (Manager of MHC Manager 2, LLC, which is the Manager of Napa OML MHP 101, LLC), executed under penalty of perjury at Stockton, California, on May 28, 2026, as required by AMC § 15.04.090(E).
Please contact the undersigned at (209) 932-8747 / [email protected] with any questions or to schedule a meeting.
Very truly yours,
Sherrie Johnston, on behalf of Napa OML MHP 101, LLC
Authorized Representative
cc: Resident Representative (when designated); file
188
Napa OML MHP 101, LLC
6653 Embarcadero Drive, Ste C, Stockton, CA 95219
Phone (209) 932-8747 Email [email protected]
Olympia Mobilodge of Napa
NINETY (90) DAY NOTICE OF SPACE RENT INCREASE
American Canyon Municipal Code Chapter 15.04
TEMPLATE — for City filing under § 15.04.090(D)
May 28, 2026
[Resident Name] — see Roster of Affected Residents (Doc 8) 244 American Canyon Rd, Space [#]
American Canyon, CA 94503
Dear [Resident Name],
PLEASE TAKE NOTICE that effective September 1, 2026, or ninety (90) days after you have been served with this rent increase notice, whichever is later, your monthly space rent at Olympia Mobilodge of Napa (“Olympia”) will be increased to [New Rent] (your new total monthly space rent). Napa OML MHP 101, LLC, the owner of Olympia, is implementing a rent increase that combines the annual Consumer Price Index (CPI) adjustment permitted by AMC § 15.04.070(A) with an additional fair-return rent adjustment based on the Maintenance of Net Operating Income (MNOI) standard under AMC §§ 15.04.120(C), 15.04.130, 15.04.140, and 15.04.150.
Because the proposed increase exceeds 100% of the annual change in CPI, the alternative dispute resolution procedures of § 15.04.100 (mandatory mediation and, if necessary, arbitration) are available with respect to this increase.
The components of the proposed increase are itemized below. Per-resident dollar amounts are computed individually from each resident’s current rent and are listed in the per-resident calculation exhibit.
Component Basis % of Current
Rent
Dollar Amount
Current monthly space rent — — [Current Rent]
A. Annual CPI increase § 15.04.070(A) 1.5% [1.5% × Current Rent]
B. Fair-return (MNOI) increase § 15.04.120(C) [B%] $278.80 Total monthly increase (A + B) [Total %] [A + 278.80]
New monthly space rent — — [New Rent]
Supporting documentation. Documentation supporting the level of increase — summary of operating-expense increases, affirmative statements regarding capital improvements and debt service, the preceding 24 months of net operating income, the MNOI fair-return analysis, and CPI calculation — is enclosed and is on file with the Administrator for inspection during normal business hours.
Other affected residents. This rent increase affects all 200 non-exempt mobilehome spaces at Olympia. A roster identifying each affected resident by space number is enclosed.
Administrator. You are encouraged to contact the Administrator for an explanation of the provisions of Chapter
15.04: City Manager, City of American Canyon, 4381 Broadway St., Suite 201, American Canyon, CA 94503, (707) 647-4360.
189
Petition for mediation. The petition form provided by the Administrator to initiate mandatory mediation is enclosed.
Rent stabilization fee allocation. Per American Canyon Municipal Code Section 15.04.200(E), Allocation of Fee, the Park bills each resident a $1.00 per month per space rent stabilization fee. (200 spaces × $24.00 × 50% allowed to pass through to residents = $2,400 divided by 200 spaces divided by 12 months = $1.00 per month per space.) This charge is billed on your monthly statement as a separate line item and is not a part of, or an increase in, your base space rent. The City of American Canyon Mobilehome Park Rent Stabilization Program Annual Registration Form, Fiscal Year 2025/2026, is enclosed.
PLEASE TAKE FURTHER NOTICE: MANDATORY MEDIATION AND, IF NECESSARY, ARBITRATION OF THE
PROPOSED INCREASE ARE AVAILABLE AS ALTERNATIVE DISPUTE RESOLUTION REMEDIES IN THIS MATTER BY OPERATION OF LAW.
Napa OML MHP 101, LLC
By:
Sherrie Johnston, Authorized Representative
190
Olympia Mobilodge of Napa
244 American Canyon Rd • American Canyon, CA 94503
May 28, 2026
Dear Olympia Mobilodge of Napa Resident,
You have just received a formal 90-Day Notice of Space Rent Increase required by the American Canyon Mobilehome Park Rent Stabilization Ordinance. This letter explains, in plain language, what the Notice says and what comes next. We know that opening a notice like this can be unsettling, and we want to speak with you directly — not just in the language of the ordinance — about what it means and what comes next.
What the notice says, and why. Like every mobilehome park, Olympia Mobilodge of Napa is required to keep up with the rising real costs of operating the community — insurance, property taxes, water and sewer, maintenance, ground lease obligations, and many other expenses that have grown significantly since the ordinance’s 2010 base year. Under the City’s Maintenance of Net Operating Income (“MNOI”) formula, the park has documented a fair-return entitlement of approximately $278.80 per space per month.
What we want you to know. We understand that an increase of that size would be a real burden on many of our neighbors here. Olympia Mobilodge of Napa is your community and your home, and we want it to stay that way. While the law entitles the park to seek the full amount, we are committed to working toward an increase that gives the park the room it needs to keep operating responsibly and is reasonable for the residents who live here. We expect that the actual increase implemented will be significantly less than the $278.80 formally noticed.
Resident meeting — please join us by videoconference
We are holding a virtual resident meeting to talk this through together, hear from you, and answer your questions. Because of scheduling constraints with our on-site availability, the meeting will be held by videoconference (with a phone-in option for those without internet access). To keep the conversation productive, we are inviting up to five (5) residents to participate on behalf of the community. Date: June 14, 2026
Time: 2:00 p.m.
Format: Videoconference — link and call-in details will be sent to participating residents in advance.
How to participate. If you would like to be one of the five residents at the videoconference, please contact the office at (209) 932-8747 / [email protected] by 6/10/2026 with your name and preferred contact method. If more than five residents respond, we will work with the group to identify five who can speak to the range of concerns in the community.
At the meeting we will:
Walk through, in plain language, why the law requires the notice you received. Share the reduced rent increase the park is prepared to implement, and explain how we arrived at it. Describe the financial-hardship assistance available to qualifying residents. Answer your questions, listen to your concerns, and take notes so we can follow-up individually.
If you are unable to attend or are not one of the five participating residents, please send any questions or concerns to the office at (209) 932-8747 / [email protected] and we will respond individually.
Nick Ubaldi, on behalf of Napa OML MHP 101, LLC
Authorized Representative
191
Olympia Mobilodge of Napa (the “Park”)
Supporting Documentation for 90-Day Notice of Space Rent Increase Furnished pursuant to AMC § 15.04.090(C)(1)
1. Summary of unavoidable increases in maintenance and operating expenses The table below summarizes the principal operating-expense categories for the Park, comparing the 2010 base year to the 2025 comparison year. All figures are stated on the operating-expense basis used in the Maintenance of Net Operating Income (MNOI) Fair-Return Analysis. Underlying P&L statements are on file with the Administrator.
Expense category 2010 (Base) 2025 (Comp.) Δ ($)
Property taxes $24,049 $124,097 $100,048
Property & liability insurance $13,314 $112,646 $99,332 Repairs & maintenance (net) $22,520 $27,352 $4,832
Management fees $0 $99,465 $99,465
Wages, payroll taxes, WC ins. $47,656 $90,976 $43,320
Ground rent (land lease) $120,927 $711,886 $590,959
Accounting, legal, outside svc $42,634 $22,242 −$20,392 Other operating (postage, supplies, telephone,
etc.)
$33,409 $15,571 −$17,838
Total operating expenses (NOI basis) $295,610 $1,276,079 $980,469 Key drivers of the 2010-to-2025 change include: a roughly five-fold increase in property taxes; an approximately eight-fold increase in property and liability insurance premiums; addition of third-party professional management (with no comparable line item in 2010); and ground rent paid to underlying landowners growing from $120,927 in 2010 to $711,886 in 2025, an increase of approximately six-fold. These increases substantially exceed cumulative CPI growth for the SF-Oakland-Hayward area over the same period (approximately 62%).
2. Statement regarding substantial rehabilitation and capital improvements No capital-improvement or substantial-rehabilitation costs are being charged through to residents in connection with this rent adjustment. No cost, amortization, or per-space allocation under AMC §§ 15.04.020 (definition of “Capital improvements” / “Substantial rehabilitation”) or 15.04.120(D) is being claimed against residents in this filing.
3. Statement regarding debt service and any sale or refinancing transaction No increase in debt service cost is being charged through to residents in connection with this rent adjustment.
Mortgage interest is excluded from net operating income under AMC § 15.04.150(B)(1) and has not been included in the MNOI fair-return calculation. No sale of the Park has occurred giving rise to increased debt service costs to be passed through. No refinancing transaction has occurred that meets the criteria of AMC §
15.04.150(A)(11) (refinancing mandated by a financing transaction entered into prior to July 1, 2010, or increased interest under a pre-July-1-2010 variable-rate loan). 192
4. Summary of net operating income — preceding 24 months The following summarizes the Park’s net operating income for the two most recent fiscal years on a book basis.
All amounts are rounded to the nearest dollar; underlying P&Ls are on file with the Administrator.
Line 2024 (12 mo.) 2025 (12 mo.)
Total income (book) $2,309,489 $2,377,171
Operating expenses (book) ($1,877,083) ($2,066,977)
Net operating income (book) $432,406 $310,194
Year-over-year change ($122,212) / −28%
The 2025 NOI shown above ($310,194) is the book figure required under § 15.04.090(C)(1)(iv). For Maintenance of Net Operating Income (MNOI) fair-return purposes, 2025 NOI is calculated as $444,367 after the methodology adjustments required by AMC §§ 15.04.130–150 (principally the conversion of cash-paid ground rent to recurring contract rate, plus depreciation and non-recurring item adjustments). The full reconciliation is on file with the Administrator and available for inspection during normal business hours.
5. Other relevant information supporting the level of increase desired The full Maintenance of Net Operating Income (MNOI) Fair-Return Analysis — including the base-year and comparison-year build, the 75% CPI indexing computation per AMC § 15.04.120(C)(1), the application to all 200 non-exempt mobilehome spaces, and the resulting per-space monthly increase of $278.80 — is on file with the Administrator and available for inspection during normal business hours. The CPI figure applied to Component A (1.5%) is the City Administrator-confirmed value for the 2026 anniversary cycle (BLS Series CUURA422SA0, June 2025 vs. June 2024).
Verification
The financial information in this Supporting Documentation is verified by separate Owner Declaration of Esther Ubaldi, Manager of MHC Manager 2, LLC (Manager of Napa OML MHP 101, LLC), executed under penalty of perjury pursuant to AMC § 15.04.090(E) and provided as a separate enclosure. 193
Napa OML MHP 101, LLC
6653 Embarcadero Drive, Ste C, Stockton, CA 95219
Phone (209) 932-8747 Email [email protected]
DECLARATION OF OWNER UNDER PENALTY OF PERJURY
Verification of Financial Information Pursuant to AMC § 15.04.090(E) Re: Olympia Mobilodge of Napa — 90-Day Notice of Space Rent Increase, effective September 1, 2026 I, Esther Ubaldi, declare as follows:
1. I am the Manager of MHC Manager 2, LLC, a California limited liability company. MHC Manager 2, LLC is the Manager of Napa OML MHP 101, LLC, a California limited liability company, which is the owner of Olympia Mobilodge of Napa, a mobilehome park located at 244 American Canyon Rd, American Canyon, CA 94503 (the “Park”). I am authorized to make this Declaration on behalf of Napa OML MHP 101, LLC by virtue of my position as Manager of MHC Manager 2, LLC.
2. This Declaration is given to verify the financial information accompanying the 90-Day Notice of Space Rent Increase served upon residents of the Park and concurrently filed with the City Manager of the City of American Canyon (the “Administrator”), as required by American Canyon Municipal Code §
15.04.090(E).
3. The financial information accompanying the Notice consists of (i) the Supporting Documentation Package furnished pursuant to AMC § 15.04.090(C)(1); (ii) the Maintenance of Net Operating Income (MNOI) Fair-Return Analysis (Olympia MNOI Analysis v5); (iii) the 2010 base-year profit-and-loss statement, the 2024 and 2025 twelve-month profit-and-loss statements, the 2025 general ledger, and the 2025 balance sheet of the Park; and (iv) the Consumer Price Index calculation worksheet derived from BLS Series CUURA422SA0 (San Francisco-Oakland-Hayward).
4. I have reviewed the foregoing financial information, and based on my personal knowledge and the books and records of the Park and of Napa OML MHP 101, LLC, I declare that such financial information is true and correct to the best of my knowledge.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Executed at Stockton, California, on May 28, 2026.
Esther Ubaldi
Manager, MHC Manager 2, LLC
Manager of Napa OML MHP 101, LLC, owner of Olympia Mobilodge of Napa 194
City of American Canyon
Mobilehome Rent Petition Form - For Rent Increases that are NOT the standard CPI increase (ACMC 15.04.070(A) (Per ACMC Section 15.04.090(C))
1. Park Information
Park Name:
Park Address:
Date Notice Received:
2. Rent Increase (Park Owner Proposal)
Effective Date:
Increase ($):
Increase (%):
3. Petitioners' Proposed Rent Adjustment (Optional)
Proposed Increase ($):
Proposed Increase (%):
Explanation / Basis (attach additional pages if needed):
4. Resident Signatures (Requires Signatures of 51% of Affected Spaces – Add Additional Petition Sheets as Necessary) Space # Name Signature Date
5. Contact Representative (Optional)
Name:
Phone:
Park Management: Submit to City of American Canyon Ordinance Administrator Revised 5.22.26
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