June 17, 2025
ADU CODE UPDATE
Background
• The California Legislature views Accessory Dwelling Units (ADUs) as playing an important role in solving California's housing crisis.
• Over the past several years, the Legislature has enacted numerous laws intended to increase the number of ADUs by removing barriers to their construction. • Examples of such laws include requiring ministerial approval of ADU applications within 60 days, authorizing ADUs on lots with multifamily dwellings, and prohibiting local agencies from imposing height and setback standards beyond State-set limits.
• In response, the Town is now amending its zoning ordinance to bring its ADU regulations into conformance with State law.
• At the May 13, 2025 meeting of the Zoning & Design Review Board (ZDRB), the ZDRB unanimously recommended (4-0 vote with one member absent) that the Town Council adopt the Ordinance as presented.
Background
Since the Town’s ADU Ordinance was last amended, the California Legislature has adopted numerous laws imposing new standards and methods for processing ADUs; these include:
• Prohibiting owner occupancy requirements for ADUs (and removing the previous sunset clause on this prohibition);
• Requiring local programs for preapproval of detached ADU plans; • Defining terms like “livable space”;
• Specifying that uncovered, off-street parking demolished for the construction of an ADU does not need to be replaced;
• Authorizing up to 8 detached ADUs on a lot with an existing multi-family dwelling, provided that the number of ADUs does not exceed the number of existing units on the lot; and
• Authorizing conveyance of an ADU separate from primary dwelling if certain circumstances are met.
This Ordinance Amendment:
• Revises standards related to privacy, landscaping, architecture, and appearance to be objective. • Specifies that total floor area of an attached ADU may not exceed 50% of an existing primary dwelling. • Clarifies that connection fee and capacity charges for water and sewer service to ADUs may be charged based upon square footage or number of drainage fixture unit (DFU) values, up to the reasonable cost of providing service (Gov. Code, § 66324.) . • Revises owner occupancy requirements to apply only to JADUs, as State law now prohibits requiring owner occupancy for ADUs. (Gov. Code, § 66315, 66333.)
• Adds specific deed restriction language required for the creation of a JADU. (Gov. Code, § 66333, subd. (c).)
• Specifies the process for preapproval of ADU plans and the shorter, 30-day review period applicable to ADU applications that utilize a qualifying preapproved plan. (Gov. Code, § 65852.27.) • Makes other clerical revisions for internal consistency and consistency with the statutory language, including updating citations to the Government Code following the recent renumbering of the ADU law (formerly 65852.2, et seq.).
Recommendation
Consider adoption of the included Ordinance amending
Chapter 17.156 of Title 17 of the Yountville Municipal Code regarding Accessory Dwelling Units (ADUs) and Junior
Accessory Dwelling Units (JADUs) and find adoption of the Ordinance exempt from the California Environmental Quality Act (CEQA).
Questions?