Use this template language for your ADU permit dispute demand letter:
[Your Name or Attorney Name]
[Address]
[City, State ZIP]
[Date]
VIA CERTIFIED MAIL AND EMAIL
[City Planning Director Name]
[City Planning Department]
[Address]
[City, State ZIP]
CC: City Attorney
City Manager
City Council
Re: Demand for ADU Permit Approval - Government Code 65852.2 Violation
Property Address: [Address]
Application Number: [If assigned]
Date Submitted: [Date]
Dear [Planning Director]:
NOTICE OF STATE LAW VIOLATION - DEMAND FOR IMMEDIATE APPROVAL
I am writing regarding the City's [denial/excessive conditions/delay] of my accessory dwelling unit (ADU) permit application for the above-referenced property. The City's actions violate California Government Code Section 65852.2 and related state housing laws. I demand immediate ministerial approval of my ADU permit.
PROJECT DESCRIPTION
My ADU application proposes:
- Unit size: [X] square feet
- Location: [Attached/Detached, location on property]
- Height: [X] feet
- Setbacks: [X] feet from side, [X] feet from rear
- Parking: [Number] spaces / [None required - within 1/2 mile of transit]
STATE LAW REQUIREMENTS
Under Government Code 65852.2, the City MUST ministerially approve ADU applications that comply with objective development standards. My project complies with all applicable state standards:
1. Unit Size: [X] sq ft is within the 800 sq ft limit for which lot coverage cannot be basis for denial
2. Height: [X] feet complies with state minimum of 16 feet (or 18 feet for detached)
3. Setbacks: [X] feet complies with state maximum of 4 feet for side and rear yards
4. No owner-occupancy requirement applies through January 1, 2025 (Gov. Code 65852.2(a)(6))
CITY'S VIOLATIONS
The City has violated state ADU law by:
[Select applicable violations:]
1. WRONGFUL DENIAL: The City denied my application based on [cite reason], which is not a valid basis for denial under Government Code 65852.2. [OR]
2. EXCESSIVE CONDITIONS: The City imposed the following conditions that exceed state law limits:
- [e.g., "Owner-occupancy requirement" - prohibited until 2025]
- [e.g., "Additional parking" - not required within 1/2 mile of transit]
- [e.g., "Design review" - discretionary review is prohibited]
- [e.g., "Setback of X feet" - exceeds 4-foot maximum]
3. UNREASONABLE DELAY: The City has failed to act on my application within 60 days as required by Government Code 65852.2(a)(3). My application was [submitted/deemed complete] on [Date], and [X] days have elapsed.
4. ILLEGAL FEES: The City has charged $[Amount] in [impact/connection/permit] fees, which exceeds the limits set by Government Code 65852.2(f)(3) for ADUs under 750 sq ft.
DEMAND
Pursuant to Government Code 65852.2 and the Housing Accountability Act (Gov. Code 65589.5), I demand that within ten (10) days, the City:
1. Approve my ADU permit application as submitted
2. Remove all conditions that exceed state law requirements
3. Refund any fees charged in excess of state limits: $[Amount]
4. Process my permit for issuance without further delay
CONSEQUENCES OF FAILURE TO COMPLY
If the City fails to comply with this demand, I will immediately:
1. File a Petition for Writ of Mandamus seeking:
- Court order requiring permit approval
- Declaratory relief that City's actions violate state law
- Attorney's fees under Code of Civil Procedure 1021.5
2. File a complaint with California HCD alleging:
- Violation of Government Code 65852.2
- Non-compliance with state ADU law
- Request for investigation and referral to Attorney General
3. Seek all available remedies under the Housing Accountability Act, including:
- Court order to approve project
- Fines of $10,000 or more per unit
- Attorney's fees and costs
Local ordinances that conflict with Government Code 65852.2 are void and unenforceable. The City's obstruction of lawful ADU development violates state housing policy and my property rights.
Respond in writing within 10 days confirming approval of my ADU permit.
Sincerely,
[Your Signature]
[Your Printed Name]
Enclosures:
- Copy of permit application
- City's denial letter / conditions of approval
- Timeline of application processing
[Your Name]
[Address]
[Date]
VIA EMAIL AND CERTIFIED MAIL
[City Planning Department]
[Address]
Re: Demand for Action - ADU Permit Application Exceeds 60-Day Deadline
Property: [Address]
Application #: [Number]
Date Deemed Complete: [Date]
Dear Planning Department:
NOTICE: YOUR 60-DAY DEADLINE HAS EXPIRED
This letter provides formal notice that the City has failed to approve or deny my ADU permit application within the 60-day period required by Government Code 65852.2(a)(3).
TIMELINE
- Application submitted: [Date]
- Application deemed complete: [Date] (or deemed complete by operation of law after 30 days)
- 60-day deadline: [Date]
- Today's date: [Date]
- Days elapsed: [Number] days
LEGAL EFFECT
Under Government Code 65852.2(a)(3), the City's failure to act within 60 days constitutes a violation of state law. Coupled with the Permit Streamlining Act (Gov. Code 65920 et seq.), the City's inaction may result in my application being deemed approved by operation of law.
DEMAND
I demand that the City, within five (5) business days:
1. Issue written approval of my ADU permit
2. Provide me with all necessary approvals to proceed with construction
3. Waive any fees attributable to the City's delay
If the City fails to act, I will file for a writ of mandamus and seek attorney's fees under the private attorney general doctrine. I will also file a complaint with California HCD documenting the City's pattern of violating ADU processing deadlines.
Time is of the essence. Please respond immediately.
Sincerely,
[Your Name]
[City Attorney's Office]
[Address]
[Date]
[Applicant Name]
[Address]
Re: Response to ADU Permit Demand
Property: [Address]
Application #: [Number]
Dear [Applicant]:
This letter responds to your demand dated [Date] regarding your ADU permit application. We have reviewed your application and the applicable law.
CITY'S POSITION
The City's [denial/conditions] were proper for the following reasons:
1. [State specific legal basis - e.g., "The proposed ADU does not meet the City's objective fire safety standards, which are not preempted by Government Code 65852.2."]
2. [e.g., "Your application was incomplete because it lacked [required documents], and the 60-day clock did not begin until completeness was established on [later date]."]
3. [e.g., "The proposed setback of [X] feet from the [front/street] property line does not comply with the City's objective development standards for the front yard, which are not limited by state ADU law."]
APPLICABLE STANDARDS
While we acknowledge the state's ADU law limits certain local requirements, Government Code 65852.2 expressly allows local agencies to impose:
- Building code requirements for health and safety
- Front yard setback requirements (state law limits only side and rear)
- Objective design standards that do not unreasonably delay or increase cost
OFFER TO MEET
The City is committed to facilitating ADU development consistent with state law. We propose a meeting to:
- Review the specific objections to your application
- Identify modifications that would allow approval
- Discuss any fee disputes
Please contact [Name] at [Email] to schedule a meeting at your convenience.
Sincerely,
[City Attorney Name]
City Attorney's Office