To: Honorable Mayor and Members of City Council
From: Molly Rattigan, Interim Community Development Director
Prepared By: Michael Walker, Senior Planner
TITLE:
Title
Accessory Dwelling Unit Ordinance Amendment
LABEL
RECOMMENDED ACTION:
Recommendation
Approve first reading and introduction of an Ordinance amending the Napa Municipal Code to (1) amend section 15.52.070 “Review requirements for applications to perform work on historic resources”; (2) amend section 17.06.030 “Definitions”; and (3) repeal existing 17.52.015 “Accessory Dwelling Units (ADU)” in its entirety and replace it with a new section 17.52.015 “Accessory Dwelling Units and Junior Accessory Dwelling Units”
Body
DISCUSSION:
The City’s Accessory Dwelling Unit (ADU) Ordinance was most recently updated in April 2020. Since the Ordinance’s adoption, State housing and ADU laws have changed significantly. While the City has always deferred to State Laws in areas where our Ordinance may be in conflict, the Department of Housing and Community Development (HCD) has directed the City to update the City’s ADU Ordinance pursuant to State Laws.
On January 29, 2024, following review of the City’s ADU Ordinance by HCD, the City received notice that the ADU Ordinance does not comply with Government Code Section 65852.2 and provided findings regarding its determination of non-compliance (see Attachment 2 - HCD Findings Letter).
The HCD Findings Letter identified 15 areas where the existing ADU Ordinance does not comply with State ADU Law. In response, the draft Ordinance (see Attachment 1 - Draft Ordinance) addresses those findings by amendments to Napa Municipal Code Section 15.52.070 Review requirements for applications to perform work on historic resources, Section 17.06.030 Definitions, and by deleting existing Section 17.52.015 Accessory Dwelling Units (ADU) in its entirety and replacing it with a new Section 17.52.015 Accessory Dwelling Units (ADU). Specifically, the draft Ordinance addresses:
• Ministerial Process and Timing by providing a ministerial approval process to comply with the 60-day timeline established by State Law.
• Bedroom Limitation by eliminating the existing two-bedroom limitation for ADUs.
• Maximum Floor Area by noting exceptions for conversions of existing space.
• Height by amending height limitations and providing objective standards and a ministerial approval process.
• Setbacks & Underlying Zoning by waiving front setbacks to the extent necessary to permit at least an 800 square foot attached ADU.
• Unit Allowance by allowing all by-right ADU combinations as required by State Law.
• Multifamily and Subdivision by allowing construction of ADUs on lots zoned to allow single-family or multifamily dwelling uses, either existing or proposed.
• Parking Exemptions by including references to all allowed parking exemptions…
• Historic Resources Inventory by removing references to any non-ministerial approval processes.
• Sprinklers by clarifying that construction of an ADU shall not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.
• JADU Basic Design Requirements by clarifying that, for the purposes of creating JADUs, enclosed uses within the residence, such as attached garages, are considered part of the proposed or existing single-family residence.
• JADUs and Interior Entry by clarifying that if a proposed JADU does not include a separate bathroom, the permitted JADU shall include an interior entry to the main living area, in addition to providing a separate entrance to the JADU apart from the main entrance to the primary dwelling.
• Kitchenette Definition by eliminating references to requirements for sink waste line diameter and voltage or gas service for cooking appliances.
• Owner Occupancy by clarifying that owner-occupancy for JADUs is not required if the owner is another governmental agency, land trust, or housing organization.
• Transient Use by removing the requirement for a deed restriction prohibiting the use of a JADU for transient occupancy.
PLANNING COMMISSION
The Planning Commission held a public hearing on this item at their meeting on July 17, 2025 and unanimously recommended approval.
PUBLIC COMMENT
The City received a letter from the California Housing Defense Fund (CalHDF) dated July 11, 2025 (see Attachment 3 - Letter from CalHDF). Upon initial review, Staff disagreed with CalHDF’s claim that the proposed Ordinance did not comply with State Law, specific to ADUs on historic properties. Staff disagreed based on language in Government Code Section 66323(g). Therefore, at the time of the Planning Commission hearing, no edits to the Ordinance were recommended by Staff.
Staff has since become aware that Government Code Section 66323(g) was deleted upon enaction of Assembly Bill 130 (AB 130) on July 1, 2025. Therefore, the proposed ordinance (see Attachment 1 - Draft Ordinance) has been updated to remove Section 17.52.015.C.8.b.
Staff does not believe any further changes to the proposed ordinance are necessary. Also, as previously mentioned, if the City approves the proposed ordinance, it must still be sent to the state Housing & Community Development agency for approval, at which time HCD will advise the City if it believes any further revisions are necessary.
FINANCIAL IMPACTS:
No direct financial impact to the City has been identified with this agenda item.
CEQA:
The Community Development Director has determined that the recommended action is exempt from the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21080.17, which exempts the adoption of ordinances regarding accessory dwelling units.
DOCUMENTS ATTACHED:
ATCH 1 - Draft Ordinance
ATCH 2 - HCD Letter
ATCH 3 - Letter from CalHDF, dated July 11, 2025
NOTIFICATION:
Legal notice of the public hearing was published in the Napa Valley Register on July 18, 2025.