Aug 19, 2025 City of Napa City 955 School Street Napa, CA 94559 Re: Proposed Amendments to the City’s ADU Regulations By email: [email protected]; [email protected]; [email protected]; [email protected]; [email protected] Cc: [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected] Dear Napa City Council, The California Housing Defense Fund (“CalHDF”) submits this letter as a public comment regarding
item
7A
for
the
City
Council
meeting
of
August
19,
2025,
a
proposed
amendment
to
the
City’s
regulations
for
Accessory
Dwelling
Units
(“ADUs”)
and
Junior
Accessory
Dwelling
Units
(“JADUs”).
CalHDF would like to thank the City for amending the ordinance in response to our previous
letters
and
addressing
most
of
the
issues
that
we
raised.
However, two aspects of the City’s proposed ADU ordinance do not comply with state law, and
the
City
should
address
these
issues
before
passing
the
ordinance.
Background The law gives local governments authority to enact zoning ordinances that implement a variety of development standards on ADUs. (Gov. Code, § 66314.) The standards in these local ordinances
are
limited
by
state
law
so
as
not
to
overly
restrict
ADU
development.
(See
id.)
Separately
from
local
ADU
ordinances,
Government
Code
section
66323
establishes
a
narrower
set
of
ADU
types
that
local
governments
have
a
ministerial
duty
to
approve.
“Notwithstanding
Sections
66314
to
66322
...
a
local
agency
shall
ministerially
approve”
these
types
of
ADUs.
(
Id
.
at
subd.
(a).)
This
means
that
ADUs
that
satisfy
the
minimal
requirements
of
section
66323
must
be
approved
regardless
of
any
contrary
provisions
of
the
local
ADU
2201 Broadway, PH1, Oakland, CA 94612 www.calhdf.org
ordinance. ( Ibid .) Local governments may not impose their own standards on such ADUs. (Gov.
Code,
§
66323,
subd.
(b)
[“A
local
agency
shall
not
impose
any
objective
development
or
design
standard
that
is
not
authorized
by
this
section
upon
any
accessory
dwelling
unit
that
meets
the
requirements
of
any
of
paragraphs
(1)
to
(4),
inclusive,
of
subdivision
(a).”].)
In addition, ADUs that qualify for the protections of Government Code section 66323, like other
ADUs,
must
be
processed
by
local
governments
within
60 days
of
a
complete
permit
application
submittal.
(Gov.
Code,
§
66317,
subd.
(a).)
State law also prohibits creating regulations on ADU development not explicitly allowed by state law. Government Code Section 66315 states, “No additional standards, other than those provided
in
Section
66314,
shall
be
used
or
imposed,
including
an
owner-occupant
requirement, except that a local agency may require that the property may be used for rentals of terms 30 days or longer.” Impermissible Historic Regulations City code sections 17.52.015(B)(3) imposes historic preservation requirements on ADUs located
on
the
City’s
historic
resources
inventory.
Government
Code
section
66314,
subdivision
(b)(1)
allows
the
City
to
impose
standards
on
ADUs
in
order
to
prevent
adverse
impacts
on
properties
listed
on
the
California
Register
of
Historical
Resources.
However, the City may not impose any design requirements, including historic preservation regulations,
on
Section
66323
ADUs.
This
is
because
of
the
specific
provisions
of
section
66323.
First, section 66323 establishes a duty on the City’s part to approve four types of ADUs and it overrules
the
contents
of
Government
Code
section
66314.
Government
Code
section
66323,
subdivision
(a):
“Notwithstanding
Sections
66314
to
66322,
inclusive,
a
local
agency
shall
ministerially
approve
an
application
for
a
building
permit
within
a
residential
or
mixed-use
zone
to
create
any
of
the
following
…”
Then, section 66323 forbids the City from imposing any local standards whatsoever on section
66323
ADUs.
Government
Code
section
66323,
subdivision
(b):
“A
local
agency
shall
not
impose
any
objective
development
or
design
standard
that
is
not
authorized
by
this
section
upon
any
accessory
dwelling
unit
that
meets
the
requirements
of
any
of
paragraphs
(1)
to
(4),
inclusive,
of
subdivision
(a).”
Because historic regulations are not authorized by section 66323, the City may not impose them
on
ADUs
that
are
described
by
section
66323,
subdivision
(a).
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HCD’s ADU handbook reflects the requirements of section 66323. Page 20 of the January 2025 HCD ADU Handbook specifically forbids the imposition of any development or design standards on section 66323 ADUs that are not listed in section 66323 itself (emphasis added):
A local agency may not impose development or design standards , including both local
standards
and
standards
found
in
State
ADU
Law,
on
66323
Units
that
are
not
specifically
listed
in
Government
Code
section
66323.
(Gov.
Code,
§
66323,
subds.
(a),
(b).)
This
includes,
but
is
not
limited
to,
parking,
height,
setbacks,
or
other
zoning
provisions
(e.g.,
lot
size,
open
space,
floor
area
ratio,
etc.).
The City should therefore amend its ordinance to state clearly that the City’s historic preservation
regulations
do
not
apply
to
section
66323
ADUs.
Impermissible Design Regulations City code section 17.52.015(C)(8) imposes various design requirements on ADUs. The proposed
city
code:
8. Design. The Director is authorized to adopt written, objective design standards applicable
to
accessory
dwelling
units
and
junior
accessory
dwelling
units
not
in
conflict
with
applicable
provisions
of
the
Government
Code.
Accessory
dwelling
units
and
junior
accessory
dwelling
units
shall
comply
with
the
following
design
standards:
a. For second story units: i. The entrance to the accessory dwelling unit or junior accessory dwelling
unit,
porches/balconies,
and
stairs
shall
be
oriented
to
face
away
from
the
nearest
residential
lot
line.
ii. Windows that face an adjoining residential property shall be of clerestory
design
and/or
utilize
privacy
glass,
fencing
or
landscaping
to
prevent
a
direct
line
of
sight
to
the
adjoining
residential
property.
b. Written objective design guidelines adopted by the Director prior to the submittal
of
an
application.
However, the City may not impose any design requirements on Section 66323 ADUs. As discussed
above,
state
law
specifically
forbids
any
local
design
or
development
standards
on
section
66323
units.
Government
Code
section
66323,
subdivision
(b):
“A
local
agency
shall
not
impose
any
objective
development
or
design
standard
that
is
not
authorized
by
this
section
upon
any
accessory
dwelling
unit
that
meets
the
requirements
of
any
of
paragraphs
(1)
to
(4),
inclusive,
of
subdivision
(a).”
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A local agency may not impose development or design standards , including both local
standards
and
standards
found
in
State
ADU
Law,
on
66323
Units
that
are
not
specifically
listed
in
Government
Code
section
66323.
(Gov.
Code,
§
66323,
subds.
(a),
(b).)
This
includes,
but
is
not
limited
to,
parking,
height,
setbacks,
or
other
zoning
provisions
(e.g.,
lot
size,
open
space,
floor
area
ratio,
etc.).
While the entrance location regulations, fenestration standards, fencing requirements, and landscaping
only
apply
to
second
story
ADUs,
it
is
entirely
possible
to
create
a
66323
ADU
on
the
second
floor
by
conversion
of
existing
space.
The City should amend its ordinance to state clearly that none of these design regulations apply
to
section
66323
ADUs,
and
that
any
objective
design
standard
adopted
by
the
Planning
Director
shall
not
apply
to
section
66323
ADUs.
⧫
⧫
⧫ CalHDF appreciates that the City is amending its ADU regulations to keep pace with changes in
state
law.
However,
the
City
should
make
sure
that
its
ADU
regulations
comply
with
state
law.
CalHDF is a 501(c)(3) non-profit corporation whose mission includes advocating for increased
access
to
housing
for
Californians
at
all
income
levels,
including
low-income
households. You may learn more about CalHDF at www.calhdf.org. Sincerely, Dylan Casey CalHDF Executive Director James M. Lloyd CalHDF Director of Planning and Investigations 4 of 4