Z-S-2023-0003ADUccmtg5-15-23(klk)
CITY OF SIMI VALLEY
MEMORANDUM
M
ay 15, 2023
TO
: City Council
F
ROM: Department of Environmental Services
S
UBJECT: A PUBLIC HEARING TO CONSIDER CITY-INITIATED MUNICIPAL CODE AMENDMENT (Z-S-2023-0003), TO AMEND PORTIONS OF TITLE 9 OF
THE SIMI VALLEY MUNICIPAL CODE TO UPDATE STANDARDS FOR
ACCESSORY DWELLING UNITS IN RESPONSE TO RECENT STATE
LAW CHANGES, A DETERMINATION THAT THE AMENDMENTS ARE
EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT ;
AND INTRODUCTION OF AN ORDINANCE
RECOMMENDATION
T
he Planning Commission recommends that the City Council introduce Ordinance No. 1349 (page 18) amending portions of Title 9 of the Simi Valley Municipal Code to update standards for Accessory Dwelling Units in response to recent State l aw changes, and a determination that the Amendments are exempt from the California Environmental Quality Act (“CEQA”).
BACKGROUND AND OVERVIEW
I
n 2016, the City of Simi Valley updated sections of the Development Code (Title 9) to conform with State of California Assembly Bills 2299 and Senate Bill 1069 that required Accessory Dwelling Units (ADUs) to be allowed on all single -family and multi-family zoned parcels with an existing single or multi-family dwelling, regardless of parcel size, zoning density, General Plan policies or growth control programs. Development standards, such as reduced setbacks and parking were adopted for ADUs and for Junior Accessory Dwelling Units (JADUs ; smaller units entirely within existing homes ), consistent with Government Code Sections 65852.2 and 65852.22.
I
n 2020, the City Council again updated Sections of the Development Code (Title 9) to conform to Senate Bill SB 13, and Assembly Bills AB 68, and AB 881, all of which were passed in 2019. These changes further reduced the City’s ability to regulate ADUs and JADUs and reduced regulatory barriers and costs, streamlined the approval, and expanded the opportunities to construct ADUs.
I
n 2022, the California Legislature approved Assembly Bill AB 2221 and Senate Bill SB 897 that made further updates to the Government Code Sections related to AGENDA ITEM NO.
5B
Z-S-2023-0003ADUccmtg5-15-23(klk)
A
DUs, which has necessitates an update to the City’s ADU ordinance. Portions of the City’s Ordin ance regulating ADUs that are not consistent with these new changes in State law are null and void until a compliant ordinance is adopted.
T
he proposed amendments will bring existing City regulations into conformance with State statutes, allow local control with regard to certain City development standards (as authorized by State law), and facilitate neighborhood compatibility. Once the City adopts the new standards, the revised ordinance must be forwarded to the State Department of Housing and Community Development (“HCD”) within 60 days for review and approval.
T
he proposed Code amendments cover the following items:
• C
ode changes to reflect the mandatory State requirements for ADUs; • City-initiated development standards as allowed by State l aw to encourage neighborhood consistency;
• Clarification on the number of ADUs/JADUs that can be constructed in conjunction with SB 9 units/lot splits (see below);
• General clean-up items where portions of the C ode have been simplified as the City has gained experience in implementing the ADU ordinance, and additional guidance has been provided by HCD , including the ADU handbook published on July 2022.
Two-Unit Development/Two-Unit Subdivision (SB 9 Units) & ADUs S
enate Bill 9, signed by Governor Newsom in 2021, became effective in 2022 and allows property owners within single-family zones to:
• D
evelop up to two primary residential units on a single lot with ministerial approval; and
• Create a two-lot subdivision on an existing residential lot, subject to certain criteria being met (two primary units may also be constructed on each lot) with ministerial approval.
I
t should be noted that a second residential unit created under SB 9 would have its own address, water, electricity and gas connection. An Accessory Dwelling Unit is ‘accessory’ by definition and as such has to obtain water, electricity, etc. from the main dwelling and cannot have a separate address.
O
n December 20, 2021, the City Council adopted Urgency Ordinance No. 1331 and on January 24, 2022, the City Council adopted Urgency Ordinance No. 1335 , establishing interim rules and regulations regarding Two- Unit Residential Developments and standards for subdividing single-family residential properties in response to SB 9.
T
he City’s current Accessory Dwelling Unit Ordinance (“Ordinance”) allows ADUs to be constructed on a property that contains one or two SB 9 units in line with State law. The proposed Ordinance update only includes clarification on the number of ADUs , and 2 Z-S-2023-0003ADUccmtg5-15-23(klk)
development standards limited to these ADUs, which can be constructed in conjunction with SB 9 units as discussed below.
T
he interim SB 9 regulations are set to expire on December 17, 2023. A permanent ordinance to address SB 9 regulations will be brought back to the City Council later this year. It should be noted that this is a separate item from the ADU changes proposed with this Code update.
ADUs & Regional Housing Needs Allocation (RHNA)
P
ursuant to Government Code Section 65852.2(m), ADUs and JADUs can be counted as housing units, primarily in the above-moderate income category, or moderate if the ADU is built within Low/Moderate income census tracts. As such, some ADUs contribute toward the City meeting its allotment for the upcoming Regional Housing Needs Allocation (RHNA) cycle.
T
he number of ADUs that have been built annually since 2019 is shown below in Table
1. T
able 1: Number of ADUs built per year since 2019
(permits were not tracked until 2019)
Year Number of ADUs & JADUs Built
2019 24
2020 53
2021 24
2022 72
A
t the March 29, 2023, Planning Commission meeting, the Planning Commission voted 2-1 to recommend that the City Council adopt the proposed zone text amendment implementing the changes to governing ADUs. The Planning Commission’s meeting minutes and resolution are provided in Exhibit 1. The Planning Commission’s staff report is also provided in Exhibit 2
FINDINGS AND ALTERNATIVES
Statewide Exemption ADU
A
statewide exemption ADU, found in Government Code section 65852.2, subdivision (e), is an ADU of up to 800 square feet, 16 feet in height (the City allows 18 feet in height) with four-foot side and rear yard setbacks. State ADU Law requires that developm ent standards related to lot coverage, floor area ratio, open space, or minimum lot size cannot preclude the construction of a statewide exemption ADU. This requirement was incorporated into the City’s Development Code update of 2020 and has not changed. 3 Z-S-2023-0003ADUccmtg5-15-23(klk)
Existing and Proposed Regulations for Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs)
T
he Code sections listed below will need to be amended in order to bring the City’s ADU Ordinance into compliance with ADU State Law and take into account SB 9:
1. SVM
C 9-44.160 – Accessory Dwelling Units (Ministerial)
2. SVMC 9-80.020 – Definitions of Specialized Terms and Phrases
1. Number of ADUs and JADUs
T
he number of ADUs and JADUs allowed include one ADU or one JADU per single-family residential unit. An ADU and a JADU can be combined on one lot with a single-family residential unit, subject to the ADU being detached and limited to 800 square feet in size. Two detached ADUs can be constructed on a lot with an existing or proposed multi -family dwelling and attached ADUs are allowed up to 25 percent of the existing multi-family units. These options remain unchanged.
A
DUs can now be combined with SB 9 units in a two- unit development or subdivision. The City can limit the total number of residential units to four, inclusive of ADUs and JADUs, under SB 9 State l aw with either a two-unit development or a two-unit subdivision. The combinations permitted under the ordinance are shown below.
• Existing/proposed development – T wo-unit residential development on one parcel, or under the SB 9 rules, no more than two primary residential units may be located on a single lot. The primary dwelling units, including the existing dwelling would be referred to as SB 9 units. The residential units may be located in a single building that contains two primary residential units (also known as a duplex) or in two detached buildings.
• In
this scenario, one ADU or JADU is allowed per primary, or SB 9 unit as shown in Figure 1.
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F
igure 1 – Two-Unit Residential Development Scenario 1
T
he figure to the left shows existing conditions, whereas the figures in the middle and right show the conversion of the property to an SB 9 lot with ADUs. • E
xisting/proposed development - Two-Unit Residential Development Parcel Map (more than one parcel) with one or both of the lots developed with only a primary dwelling unit, or SB 9 units.
• An
ADU or JADU in-lieu of an SB 9 unit on one or both lots for a maximum of four residential units across both lots as shown in Figure 2. 5 Z-S-2023-0003ADUccmtg5-15-23(klk)
Figure 2 – Two-Unit Residential Development Scenario 2
In this scenario, each lot would consist of a primary unit (or SB 9 unit), which could be accompanied by an ADU or JADU per lot.
6 Z-S-2023-0003ADUccmtg5-15-23(klk)
• E
xisting/proposed development - Two-Unit Residential Development Parcel Map (more than one parcel) with a primary unit and SB 9 unit on one lot and two SB 9 units on the other lot, as shown in Figure 3.
• N
o ADUs or JADUs would be permitted under this scenario since the total number of four (4) dwelling units would be reached.
F
igure 3 – Two-Unit Residential Parcel Map Scenario 1
• E
xisting/proposed development - Two-Unit Residential Development Parcel Map (more than one parcel) on a lot with a primary unit that has an existing ADU and JADU; with the new lot having an SB 9 unit as shown in Figure 4. • No
ADUs or JADUs would be permitted.
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Figure 4 – Two-Unit Residential Parcel Map Scenario 2
2. ADUs Size Limits & Separation
a. ADUs with Two -Unit Residential Developments (SB 9 projects) - Overall ADU size limits remain unchanged with the updates. However, ADUs that are combined with Two- Unit Residential Developments to allow four units on one lot are limited to 800 square feet in size. This limit, along with an extended 10-foot setback to structures for a second ADU in such a scenario, is intended to avoid overcrowding of structures on residential lots. The standard separation between structures is six feet, which is a health and safety requirement. The 10- foot separation requirement cannot be implemented for the first ADU up to 800 square feet in size, as this would be a statewide exempt ADU.
b. Hillside Performance Standards (HPS) - The HPS development standards in Chapter 9-32 of the Municipal Code are intended to protect hillside areas by limiting development in natural slopes that have a gradient of 20 percent or more. This is an open space development standard that is not enforceable for statewide exempt ADUs up to 800 square feet in size. The Code update clarifies that ADUs proposed within HPS natural slopes with a gradient of 20 percent or more would be limited to 800 square feet in size.
3. Height Limits
a.
Attached ADUs
Attached ADUs were previously limited to one-story and 18 feet in height. SB 897 requires that the heights of an attached ADU be 25 feet or the maximum height permitted by the underlying zoning, whichever is lower. The maximum height for all single- family zones in the City is 30 feet, while height limits in multi-family residential zones are higher. Attached ADUs built to the minimum 8 Z-S-2023-0003ADUccmtg5-15-23(klk)
s
etbacks required of four-foot side and rear yards, would be limited to 25 feet in height. Two-story attached ADUs will be allowed with the Code update.
T
he update includes an allowance for attached ADUs to be increased to 30 feet in height if 10-foot side yard and 20-foot front yard and rear yard setbacks are met. These are the same setback requi rements for home additions. This, together with the objective design standards for window placement in ADUs (see below), may incentivize homeowners to match the underlying single-family zoning requirements in order to obtain the extra five feet in height. b. Detached ADUs
D
etached ADUs continue to be limited to being a single-story structure, 18 feet in height, which is the height limit for accessory structures in residential zones.
SB 897 allows a limit of 16 feet with a two foot allowance for any sites within a half mile of a high-quality transit stop. The City’s 18-foot height limit takes this into account.
T
here is an additional two foot allowance for ADUs within a half mile of a high- quality transit stop, if required to accommodate a roof pitch that is aligned with the primary dwelling’s roof pitch allowing these ADUs to be 20 feet in height.
T
he only high-quality transit stop in the City is the Metrolink station located at 5050 Los Angeles Avenue. Figure 5 illustrates the limit of where the 20 -foot height allowance would apply.
9 Z-S-2023-0003ADUccmtg5-15-23(klk)
Figure 5 – Half-mile radius around Metrolink Station
4. Setbacks
The City’s Code has been updated to include the AB 2221 restriction on imposing any front yard setback requirements for statewide exemption ADUs up to 800 square feet in size.
ADUs over 800 square feet, or a second ADU proposed in conjunction with an SB 9 unit, will need to maintain a 20- foot front yard setback. Rear and side yard setbacks remain at four feet for all ADUs.
10 Z-S-2023-0003ADUccmtg5-15-23(klk)
F
igure 6 - ADU in the front yard with a zero lot line setback
5. Objective Design Standards
S
B 897 requires that design standards imposed on ADUs be objective, measurable, verifiable, and knowable to all parties prior to project submittal. A planning review process based on objective design standards involves no personal or subjective judgment by a public official.
T
he standards for ADUs have been updated to clarify that attached ADUs must match the main home with regard to colors and materials. Detached ADUs must incorporate a minimum of one color and one material from the primary dwelling. A number of customizable, prefabricated ADU models are available for purchase.
This requirement would ensure that such ADUs would be compatible with the main home while providing homeowners more flexibility in purchasing their ADUs.
W
indows are not permitted above the first 10 vertical feet of the first floor wall plane for both attached and detached ADUs to preserve privacy for neighboring properties. As ADUs are now allowed on the second floor, windows facing adjoining properties will not be permitted unless the minimum required side and rear yard setbacks of four feet are increased to 10- feet for side yards and 20-feet for rear yards. These are the setbacks required for two- story additions to single- family residences.
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6. Conversion of existing living space
H
CD has clarified to the City in writing and in their ADU handbook that existing, legally permitted habitable and non-habitable structures can be converted to living space without any limits on the size of the ADU. Therefore, while new construction of an ADU is limited to 1,000 square feet on a lot that is up to 8,000 square feet; a legally permitted structure such as a barn that is typically 2,000 square feet, can be converted to an ADU, in its entirety. An additional 150 square feet can be added to such structures during conversion solely for egress and ingress. The C ode update includes language reflecting this clarification.
H
istorically, the City has limited accessory structure size to 30 percent of the livable area of a home, excluding garages, patios, and similar structures (with the exception of Animal and Horse Overlay zones where barns up to 2,000 square feet have been allowed). As such, it is not anticipated that many accessory structures that exceed the new construction size limits would be converted into ADUs under this State law provision.
7. City-initiated Development Standards for ADUs over 800 square feet and second ADUs of any size (non-statewide exemption ADUs)
A
s both ADUs and SB 9 units can now be combined on a single lot, the language for the development standards applying to a second ADU proposed on a lot and ADUs over 800 square feet were clarified to promote more usable private open space being preserved on lots and to prevent excessive building massing. These City initiated development standards are as shown below:
• N
o structures inclusive of ADUs and SB 9 units shall cumulatively cover more than 40 percent of the first 10 feet of a side yard (the area bet ween the walls of the principal or main building which is closest to the side lot line) and the first 20-feet of the rear yard from the property lines of a lot. In Figure 7, the square footage of the red SB 9 unit, the blue portion of the ADU, and the green portion of the shed cannot be more than 40 percent of the total of the yellow areas which represent the yard setbacks.
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F
igure 7 – 40 percent coverage limit for rear and side yards • A
minimum of 50 percent of the rear yard setback width within 20 feet of the rear yard property line must be kept open, taking into account all proposed and existing structures. In Figure 8, the combined width of the shed and the ADU (the green arrows) would need to be 50% or less than the width of the rear yard, depicted in the red arrow. The SB 9 unit is outside of the 20-foot rear yard setback and as such would not be counted in this.
F
igure 8 – 50 percent rear yard width coverage limit
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8. Detached ADUs with garages and patio covers
AB
2221 specifies that detached ADUs may include a detached garage. Applicants frequently propose a garage and/or patio attached to their ADUs. Previously, the City required that where garages were attached, the entire structure could not be more than 30 percent of the existing home. This requirement cannot be imposed with the change in State law and has been eliminated from the Development Code.
Th
e proposed Code updates include limiting the garage portion of such a proposal to 400 square feet, which is sufficient for a two- car garage. Objective design standards have been added for garages in order to ensure that they are the same material and color as an ADU.
Pat
io covers are limited to 10 percent of the proposed ADU. The color of the patio cover must be a color that is present on the ADU.
9. Updated Definition for “Detached Accessory Dwelling” Th
e definition has been updated to clarify that a detached ADU cannot be attached to any primary residence or any other structure by a breezeway or covered walkway.
The findings and supporting evidence for approval of Z-S-2023-0003 are provided in the Planning Commission staff r eport and incorpor ated herein by reference (refer to Exhibit 2, pages 52-53.)
It should be noted that State law is operative where it is in conflict with the current ADU ordinance. Adopting the Ordinance would return local control of development standards for ADUs, as permitted within State law, to the City. An example of this would be two-story attached ADUs and the City standards to prohibit windows for second-story sections with only the minimum four foot side and rear yard setbacks.
The following alternatives are available to the City Council:
1. Th
e Planning Commission recommends that the City Council introduce an ordinance approving Z-S-2023-0003;
2. Do
not introduce or adopt an ordinance and provide staff with further direction.
Th
e Planning Commission recommends Alternative No. 1.
14 Z-S-2023-0003ADUccmtg5-15-23(klk)
SUGGESTED CITY COUNCIL MOTION
I m ove to introduce Ordinance No. 1349 amending standards for Accessory Dwelling Units in response to recent State law changes, and a determination that the amendments are exempt from the California Environmental Quality Act.
SUMMARY
The State Legislature updated portions of Government Code Sections 65852.2 and 65852.22 that revised standards for ADUs 2022 imposing additional limits on the City’s ability to regulate Accessory Dwelling Units (ADUs). The new legislation r emoves front yard setbacks for statewide exemption ADUs, changes height limits for attached and detached ADUs, r equires objective design standards be implemented for ADUs and allows detached ADUs to include a garage. The proposed code update includes these requirements as well as City initiated development standards as allowed by State Law to encourage neighborhood and architectural consistency. The update also includes clarification on the number of ADUs that can be constructed in conjunction with SB 9 units/lot splits and cleanup items from the previous 2020 code update.
Adoption of the ordinance would return local control of development standards for ADUs, as permitted within State Law, to the City, while maintaining consistency with State law .
This would ensure that proposed ADUs would be compatible with existing neighborhoods as much as possible and protect public peace, safety and welfare to the extent allowed by the State.
______
______________________________
Stratis Perros
Environmental Services Director
Pr
epared by: Naren Gunasekera, Senior Planner
INDEX Page
Pu
blic Hearing Procedure…………………………………………………………………16
Ordinance No. 1349 for Z-S-2023-0003…………………………………………………18 Attachment A – CEQA Notice of Exemption…………………………………………….30 Exhibit 1 – March 29, 2023 Planning Commission Resolution and Minutes..............31 Exhibit 2 – March 29, 2023 Planning Commission Staff Report……………………...40 15 Z-S-2023-0003ADUccmtg5-15-23(klk)
P
UBLIC HEARING PROCEDURE
HE
ARING DATE: May 15, 2023
1. CI
TY CLERK: This is the time and place set for a public hearing to consider City-initiated Municipal Code amendments (Z -S-2023-0003), to amend standards for Accessory Dwelling Units in response to recent State l aw changes, and a determination that the amendments are exempt from the California Environmental Quality Act; and introduction of an ordinance (Read by City Clerk including reading of Resolution AND/OR Ordinance
if applicable)
2. M
AYOR: May we have an oral report on this matter by staff?
3. S
TAFF: (Report)
4. M
AYOR: Any questions of staff from City Council Members? (Questions of staff and staff response)
5. M
AYOR: At this time I would like to open the hearing for anyone in the City Council Chambers wishing to be heard on this matter?
6. A
UDIENCE: Public Testimony and Comments
7. M
AYOR: Does staff desire to respond to any comments or issues raised?
8. S
TAFF: (Response to comments and additional City Council questions)
9. M
AYOR: The hearing is now closed.
10. M
AYOR: Any further comments or questions from City Council Members? (Note: If the City Council has any further questions of staff, the Public Hearing may need to be re-opened.)
11. M
AYOR: I will now entertain a motion.
16 Z-S-2023-0003ADUccmtg5-15-23(klk)
12. ANY COUNCIL
MEMBER : City Council Actions (by motion of any Council Member):
1) Introduce, modify, or not introduce Ordinance No. 1349 (does not require a second or a vote; requires reading of ordinance);
* Any action to refer the matter back to staff or to continue the matter requires a second and a vote.
13. ANY COUNCIL
MEMBER : Second
14. MAYOR: (Call for vote)
15. MAYOR
: Proceed to the next item.
17 Z-S-2023-0003ADUccmtg5-15-23(klk)
ORDINANCE NO. 1349
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SIMI VALLEY FOR CITY -INITIATED MUNICIPAL CODE
AMENDMENT (Z-S-2023-0003), TO AMEND PORTIONS OF
TITLE 9 OF THE SIMI VALLEY MUNICIPAL CODE TO
UPDATE STANDARDS FOR ACCESSORY DWELLING
UNITS IN RESPONSE TO RECENT STATE LAW
CHANGES, AND DETERMINING THAT THE
AMENDMENTS ARE EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
WHEREAS, in 2022, the California Legislature adopted, and the Governor signed SB 897, and AB 2221 into law that, among other things, amended Government Code Sections 65852.2 and 65852.22 that imposed new limits on the City to regulate Accessory Dwelling Units (ADU) and Junior Accessory Dwelling Units (JADU) to address the housing shortages in California; and
WHEREAS, the ADU and JADU regulations took effect January 1, 2023, and State l aw supersedes the City’s Accessory Dwelling Unit Ordinance where these conflict; and
WHEREAS, the proposed Development Code Amendments (Z -S-2023- 0003) bring City regulations for Accessory Dwelling Units into conformance with State law and exercise those regulatory options as allowed in State law; and
WHEREAS, on March 29, 2023, the Planning Commission of the City of Simi Valley held a public hearing and recommended approval of Z-S-2023-0003; and the determination that the project is exempt from the California Environmental Quality Act ; and
WHEREAS, the City Council held a duly noticed meeting on the proposed Ordinance Amendment on May 15, 2023, where they considered the staff report and testimony and introduced the ordinance for the first reading by title only; and
WHEREAS, this ordinance is exempt from review under the California Environmental Quality Act (CEQA; California Public Resources Code Section 2100 et seq.) and CEQA regulations (Title 14, California Code of Regulations Section 1500, et seq.) pursuant to the provisions of Section 15282 which states that “the adoption of an ordinance regarding second units in a single- family or multi-family residential zone by a city or county to implement the provisions of 65852.2 and 65852.22 of the Government Code” is a statutory exemption as set forth in Section 21080.17 of the Public Resources.
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SIMI VALLEY DOES ORDAIN AS FOLLOWS:
SECTION 1. The findings in the Planning Commission staff report dated March 29, 2023, and the recitals set forth above are hereby adopted as findings.
SECTION 2 . Various sections of Title 9 of the SVMC dealing with Accessory Dwelling Units are hereby amended as shown in Exhibit A, attached hereto.
SECTION 3. The City Clerk shall cause this ordinance or a summary hereof to be published in a newspaper of general circulation, published in the County of Ventura and circulated in the City, and if applicable, to be posted, in accordance with Section 36933 of the California Government Code; shall certify to the adoption of this ordinance and shall cause a certified copy of this ordinance, together with proof of publication, to be filed in the Office of the Clerk of this City.
SECTION 4. Incompatible Provisions. To the extent of any provision of this ordinance is incompatible with or at variance with any prior adopted ordinance or resolution, the provision of this Ordinance shall take precedence.
SECTION 5 . Severability. If any provision of this ordinance is declared invalid by a court of competent jurisdiction, adjudicated to a final determination, the City Council finds that said voided part is severable, that the City Council would have adopted the remainder of this o rdinance without the severed and voided part, and that the remainder of this ordinance shall remain in full force and effect.
SECTION 6. This ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the thirty-first (31st) day after its passage.
PASSED and ADOPTED this ______ day of ________ 2023.
Attest:
Lucy Blanco, City Clerk Fred D. Thomas, Mayor of the City of Simi Valley, California
Approved as to Form: Approved as to Content:
David L. Caceres, City Attorney Brian Paul Gabler, City Manager
Stratis Perros
Environmental Services Director
19 ORD. NO. 1349
EXHBIT A
Z-S-2023-0003ADUccmtg5-15-23(klk)
Amendments to the following sections of Title 9 of the Simi Valley Municipal Code are shown below. Revised code sections are shown as underlined text. Deletions are shown as strikeout text.
PART 1: SVMC 9-44.160– Accessory Dwelling Units (Ministerial) is hereby amended in
its entirety to read as follows:
A. General Provisions.
1. Intent and purpose. The intent and purpose of this Section is to provide a means by which the City's existing housing resources and infrastructure may be more effectively utilized to produce less costly rental housing through the creation of new accessory dwelling units (ADUs) on residentially zoned lots that already contain one legally established unit, or with the construction of a new residential unit, or in conjunction with a Two-Unit Residential Development .
2. Authority. The creation of an Accessory Dwelling Unit (ADU) and Junior Accessory Dwelling Unit (JADU) pursuant to Government Code Sections 65582.1, 65852.2, and 65852.22,
and 65852.21 (SB -9 or Two-Unit Residential
Development) on lots containing an existing or proposed single- family or multi- family dwelling and zoned OS, RE, RVL, RL, RM, RMod, RH, MH, RVH, and the MU Overlay District shall be subject to the standards set forth in this section.
3. Notwithstanding any other regulation in this Development Code that is specifically applicable to ADUs or JADUs, a Zoning Clearance must be ministerially reviewed for an application for a building permit to create an ADU and/or a JADU within a residential zone subject to the development standards set forth in this section.
4. The City reserves the right to limit construction of ADUs or JADUs in locations where there is inadequate water or sewer services, impact on traffic flow, or public safety.
5. Neither ADUs nor JADUs shall count towards the allowable density for the lot upon which the ADU or JADU is located.
6. The City shall act on the application to create an ADU or JADU within 60 days from the date an application is deemed complete if there is an existing single- family or multifamily dwelling on the lot. If the permit application to create ADU or JADU is submitted with a permit application to creat e a new single- family dwelling on the lot, the City may delay acting on the permit application for the ADU or JADU until a Building Permit is issued for the new single-family dwelling, but the application to create the ADU or JADU shall be considered without discretionary review or hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay.
7. Where an ADU or JADU is proposed with the construction of a new single-family dwelling and/or Two-Unit Residential Development
, the proposed single- family
dwelling or Two-Unit Residential Development must be approved for occupancy before an ADU or JADU is approved for occupancy.
8. The permitting of an ADU and/or a JADU is subject to the California Building Code (CBC) and California Residential Code (CRC). Any conflicts between the requirements of this Development Code and the California Building Code and California Residential Code shall be resolved in favor of whichever Code 20 ORD. NO. 1349
Z-S-2023-0003ADUccmtg5-15-23(klk)
imposes the greater requirement, subject to compliance with California Government Code Sections 65582.1, 65852.2, and 65852.22.
9. "Living area" as used in SVMC 9-44.160 is defined as the interior habitable area of a dwelling unit, including enclosed patios, garages, basements and attics, but does not include a garage or any accessory structure.
10. The cumulative square footage of all detached habitable structures built after the effective date of Ordinance No. 1316 is not to exceed 1,200 square feet per lot for single family zoned lots.
11. Where an attached garage that provides the required parking for a SFD, as detailed in SVMC Section 9- 34.040.B is partially converted to an ADU, the remaining space will continue to be utilized for parking if physically feasible and the remaining space is a minimum of 12 feet by 20 feet or if this is not feasible, it will be utilized for storage or a similar non-habitable use.
12. One ADU or JADU is permitted per parcel with an existing or proposed Single- Family Dwelling except as described in Sections B (2), and Section G for lots with Multi-Family dwellings.
13. Both an ADU and a JADU may be combined on a single parcel subjectto development standards set forth for detached ADUs and JADUs. Additionally, the ADU shall be a detached structure with a maximum size of 800 square feet.
14. A minimum floor area of 220 square feet for an ADU or JADU is required per the California Building Code.
105. The rental of any ADU or JADU, or the primary residence single-family dwelling, if the owner lives on site in the ADU or JADU, must be for periods of 30 days or more.
16. Each ADU or JADU requires a separate entrance which shall not face the street unless the access to the unit required by the California Building Code is precluded by an existing permitted structure.
17. Where an existing legally permitted accessory structure, or existing living area, is converted to an ADU or an ADU constructed in the same location, and to the same dimensions as an existing structure, no additional setbacks will be required.
11. ADUs proposed in slopes subject to the Hillside Performance Standards, pursuant to SVMC Chapter 9-32, will be limited to 800 square feet in size. Any access driveways or other improvements will be subject to the standards in SVMC Chapter 9-32.
B. Table 4-4 identifies the number of ADUs and JADUs permitted per lot. ADUs and JADUs may be permitted in the following combinations with existing or proposed single-family dwellings and/or Two-Unit Residential Development (i.e., SB-9 units) Table 4-4: Number of ADUs and JADUs permitted per lot
Existing or proposed
use/development
Number of ADUs/JADUs
allowed
Additional Development
Standards
Single-family dwelling One JADU and/or one
ADU
If an ADU and JADU are
combined on a single lot,
the ADU must be
21 ORD. NO. 1349
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detached and is limited to
800 square feet in size.
Two-Unit Residential
Development (i.e., the
original single -family
dwelling and new SB9
unit or two new SB 9 units
on one lot)
One ADU or JADU per
primary unit
Any second ADU
proposed in conjunction
with a Two -Unit
Residential Development
will need to meet the
requirements in Table 4-6
Two-Unit Residential
Development Parcel Map
with one or two SB9 units
on each lot (total four
units)
None permitted on either
lot
N/A
Two-Unit Residential
Development Parcel Map
on a lot with a SB9 unit
(original unit), which has
an existing ADU and
JADU; with the new lot
having an SB9 unit
None permitted on either
lot
N/A
Two-Unit Residential
Development Parcel Map
with one or both of the lots
with only a single SB9 unit
An ADU or JADU in-lieu of
a SB9 unit on one or both
lots for a maximum of four
residential units across
both lots
a) All ADUs must be
separated from existing or
proposed structures by
ten-feet.
b) All ADUs will be limited
to 800 square feet in size
and 18 feet in height.
c) Where more than one
detached ADU is
proposed, the second
ADU will need to meet
the requirements in Table
4-6
Multifamily dwelling Attached ADU's up to a
maximum of 25 percent of
the existing multifamily
units with a minimum of
one unit or two detached
ADUs (each ADU must be
a detached stand- along
building)
Refer to Table 4- 5 for
applicable development
standards
22 ORD. NO. 1349
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BC. All ADU's Development Standards. Table 4 -5 details the development standards applicable to all ADUs and JADUs. Additional development standards for attached ADUs, detached ADUs and JADUs are listed in sections D through G.
Table 4-5: ADU's and JADU's Development Standards
Development
Standard
Junior ADU ADU Within or
Attached to Primary
Dwelling* Attached
ADUs
ADU Detached from
Primary Dwelling*
Detached ADUs
Front setback N/A 20 feet 20 feet
Rear & side yard
setbacks*
4 feet 4 feet
Side setback 4 feet 4 feet
Design standards N/A a) The materials and colors of exterior walls, roof, eaves, windows, and doors of an ADU
must match those of the primary dwelling.
Colors and
Materials
N/A The materials and
colors of exterior walls,
roof, eaves, windows,
and doors of a new
construction attached
ADU must match
those of the primary
dwelling
i) A new
construction
detached ADU
must incorporate a
minimum of one
material and one
color from the
existing or
proposed primary
dwelling or SB9
unit
ii) A garage attached
to a detached
ADU must be of
the same
materials and
colors as the ADU
iii) A patio cover
attached to a
detached ADU
must a color that is
present on the
ADU.
Window Placement N/A i) No windows will be
permitted to extend or
be above the first 10
vertical feet of the first
floor wall plane as
measured from the
finished floor to the top
No windows will be
permitted to extend
or be above the first
10 vertical feet of the
wall plane as
measured from the
finished floor to the
23 ORD. NO. 1349
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of the roof surface on
any story of an ADU.
ii) No windows facing
adjacent properties
will be per mitted on a
second story portion of
an ADU that does not
meet a 10 -foot side
setback and a 20- foot
rear setback.
top of the roof
surface on any story
of an ADU.
Height Limits JADUs are not
permitted on the
second floor
Attached ADUs are
limited to two stories or
may be built above a
garage or on a second
story with a height limit
of 25 feet or the
maximum height
permitted by the
underlying zoning,
whichever is lower**.
Detached ADUs are
limited to one story
and 18 feet in
height***
Maximum height ADUs and JADUs will be limited to a single story, 18 feet in height and will not be permitted on the second story of a SFD, above a garage, or above another accessory structure unless the Director determines that the required setbacks preclude any other location for a minimum 800 square foot ADU or 220 square foot JADU.
Minimum size 220 square feet (per California Building Code) Maximum size 500 square feet
and must be
located within
existing dwelling
unit
*See Section E D *See Section D E
Minimum number of
parking spaces
No additional
parking
required
One parking space is required per ADU with
the following exceptions ****:
a) The proposed ADU is a studio unit;
b) If the ADU is located within one-half mile
walking distance of public transit 1 ;
c) When the ADU is within the footprint of
the proposed or existing primary residence
single-family dwelling ;
d) When an ADU is created by the
conversion of a garage, carport or covered
parking structure that provides required
parking pursuant to SVMC Chapter 9- 34
e) When on -street parking permits are
required but not offered to the occupant of the
ADU; or
24 ORD. NO. 1349
Z-S-2023-0003ADUccmtg5-15-23(klk)
f) When there is a car share vehicle located
within one block of the ADU
Required cooking
facilities
Review SVMC
Section 9- 80.020
for the minimum
requirements for a
kitchen
Full kitchen
Required sanitation
facilities
May be separate
from, or shared
with, primary
dwelling
Must be separate from primary dwelling
Internal
connection/breeze
ways
A JADU must
have an internal
connection to the
primary dwelling if
sanitation facilities
are shared.
Otherwise, an
internal
connection is
optional
No internal connection
is permitted. Attached
ADUs must share a
minimum of 10 feet of
the wall of the main
single-family home or
SB9 unit
Detached ADUs may
not be attached to
the existing single-
family home or SB9
unit by breezeways
or any similar
structure and must
be separated from
any proposed or
existing structure by
a minimum of six feet
Required external
entrances
Each ADU or JADU requires a separate entrance which shall not face the street unless the access to the unit required by the California Building Code is precluded by an existing permitted structure.
* When converting existing living area, an attached garage or ADU constructed in the same location and to the same dimensions as an existing structure, no additional setbacks will be
**Required parking may be uncovered or tandem parking that is located on paved surfaces with paved access, or as outlined in Section 9- 34.040.A subject to traffic safety requirements and front yard landscape requirements per Section 9-33.030.C as required. At the property owner's option, an automobile parking lift will be allowed but will be considered a structure for the purposes of setbacks and permit requirements. The Director may waive the required parking if it determined that there are no feasible locations for the required parking locations on site. * A minimum of 10-foot side yard and 20-foot front yard and rear yard setbacks are required if for the proposed attached ADU’s building height is between 25-feet and the maximum of 30-feet height.
** This height can be increased to a maximum of 30-feet if a minimum of 10-foot side yard and 20- foot front yard and rear yard setbacks are provided for the proposed attached ADU
*** The height of any detached ADU may be increased by up two feet for a maximum of 20 feet if the ADU is within ½ mile of a major transit stop or a high- quality transit 25 ORD. NO. 1349
Z-S-2023-0003ADUccmtg5-15-23(klk)
corridor as defined in Section 21155 of the Public Resources Code, if the increase is required in order to accommodate a roof pitch that is aligned with the roof pitch of an existing or proposed primary dwelling. Elevations plans for the primary dwelling must be submitted to obtain this allowance.
**** Required parking may be uncovered or tandem parking that is located on paved surfaces with paved access, or as outlined in Section 9- 34.040.A, subject to traffic safety requirements and front yard landscape requirements pursuant to Section 9- 33.030.C, as required. At the property owner's option, an automobile parking lift will be allowed but will be considered a structure for the purposes of setbacks and permit requirements. The Director may waive the required parking, if it determined that there are no feasible locations for the required parking locations on site.
1 "Public transit" is defined as a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.
C D. JADU Requirements.
1. Where a JADU is proposed in conjunction with an addition to an existing dwelling unit, the addition must meet the setback requirements for a single- family dwelling as required by the underlying zoning and/or any approved Planned Development Permit conditions.
1. A JADU may have an internal connection to the single-family dwelling.
2. Prior to issuance of a Zoning Clearance for a JADU, a Deed Restriction must be recorded on the property on the form provided by the City specifying that the owner of the property shall occupy either the JADU or the primary residence single-family
dwelling. If a new owner takes title to the property, failure to maintain the owner occupancy required by said deed restriction will require that the JADU be removed from the property and any separate rental must be vacated within 90 days.
D. E. Attached ADU Requirements.
1. The maximum size of an attached ADU shall be as follows:
a. Where an attached ADU is proposed with new construction or an addition to the existing single-family Dwelling, the ADU shall be no larger than 50 percent of the square footage of the existing square footage of the single family dwelling or 800 square feet, whichever is larger, up to a maximum of 1,000 square feet.
3. An attached ADU cannot have an internal connection to the existing or proposed single-family dwelling.
2. Existing living area of a single-family dwelling may be converted to an ADU without any limits on size provided the ADU is within the existing structure. Up to a 150 square feet addition limited to accommodating ingress and egress is permitted without additional setbacks being required. Construction beyond this limit must meet all current requirements of the Simi Valley Municipal Code. 26 ORD. NO. 1349
Z-S-2023-0003ADUccmtg5-15-23(klk)
3. Any external stairs required to provide an entrance to an ADU proposed on a second story will be subject to the setback requirements of SVMC 9- 30.080 - Setback and Separation Requirements and Exceptions.
4. Where an attached garage that provides the required parking for a SFD, as set forth in SVMC Section 9-34.040.B, is partially converted to an ADU, the remaining space will continue to be utilized for parking if physically feasible and the remaining space is a minimum of 12 feet by 20 feet or if this is not feasible, it will be utilized for storage or a similar non-habitable use.
E. F. Detached ADU Requirements.
1. The first new construction detached ADU up to 800 square feet in size proposed on a lot may be new construction in yards will be subject only to the setbacks and development standards outlined in Section BC. or the conversion of a legally permitted accessory structures, such as a studio, shed, carport, horse stable, garage, or pool house, can be converted to an ADU. Th e existing space of an accessory structure within which an ADU is proposed to be located must have a solid roof and structural framing. In addition, the structure must have been permitted as required by the Simi Valley Municipal Code. Construction beyond the existing space of the accessory structure must meet all current requirements of the Simi Valley Municipal Code.
2. An accessory structure, including a demolished and reconstructed structure that is being fully or partially converted to a detached ADU, may be expanded by up to 150 square feet to accommodate ingress and egress, so long as this expansion does not increase the nonconformity of the structure.
3. All detached ADUs, including those created by the conversion of existing permitted structures, must have a six foot separation from the main single- family dwelling and existing structures with the exception of a second ADU proposed in conjunction with an SB -9 unit per Table 4- 4, where ten-feet of separation will be required.
4. The maximum size of a detached ADU that is not proposed in conjunction with an existing or proposed SB-9 unit will be as follows:
a. A maximum of 1,000 square feet on any parcel up to 8,000 square feet subject to the lot coverage development standards shown in SVMC Section 9-44.160, Table 4-4.
b. A maximum of 1,200 square feet on any parcel over 8,000 square feet subject to the lot coverage development
standards shown in SVMC Section 9-44.160,
Table 4-4.
5. A detached ADU may be attached to another accessory structure, however the maximum size of the entire detached structure will be limited to 30 percent of the existing or proposed single- family dwelling living area or 1,200 square feet, whichever is less. The structure also cannot cover more than 40 percent of any required yard as defined in Section 9-80.020 of the SVMC.
5. Where an existing legally permitted accessory structure with a solid roof and structural framing is converted to a detached ADU in the same location, and to the same dimensions as the existing structure, the above size and height limits will not apply and no additional setbacks will be required. The development standards in Table 4- 6 will not apply. Up to a 150 square feet addition limited 27 ORD. NO. 1349
Z-S-2023-0003ADUccmtg5-15-23(klk)
to accommodating ingress and egress is permitted without additional setbacks being required. Construction beyond this limit must meet all current requirements of the City of Simi Valley Municipal Code.
6. A detached ADU may only be attached to a garage or a patio cover subject to the below standards and the setback requirements in SVMC 9-30.080. a) Where a detached ADU is proposed with an attached garage, the garage portion shall be no larger than 400 square feet.
b) The size of any proposed patio cover will be limited to 10 percent of the square footage of the proposed ADU excluding any attached parking structure.
Table 4-6: Development standards for new construction ADUs over 800 square feet in size and second ADUs of any size associated with an SB9 unit or multifamily dwellings
Table 4-4: Lot coverage requirements for new construction ADUs Development
Standard
Requirements
Front yard
setbacks
Minimum of 20 feet required
Lot
Coverage/Rear
Yard width
coverage Limits
a) No structures inclusive of a proposed ADU shall cumulatively 1 cover more than 40% percent of the first 10-feet of a side yard and the first 20-feet of the rear yard from the property lines as defined in Section 9- 80.020 of the SVMC.
b) A minimum of 50% percent of the rear yard width within 20-feet of the rear yard property line must be open per Section 9-
24.050.C.2, taking into account all proposed and existing structures.
1 This includes coverage by the ADU, accessory buildings, sheds, gazebos, or other permitted structures.
For a single-family dwelling: the required side yard is the first five feet for a single- story structure or the first 10 feet for a two- story structure from the side property line; the required rear yard is the first 20 feet from the rear property line; or as otherwise required by 9-24.050 or the underlying development permit.
F. G.
ADUs in Multi-Family Dwellings.
1) ADUs on lots with existing or proposed multi -family dwellings must meet the requirements in SVMC Section 9- 44.160.F, Table 4- 56: Development standards for ADUs in multi-family dwellings and Section C.
Table 4-56: Development standards for ADUs in multi-family dwellings Attached ADUS Detached ADUs
Number A maximum of 25 percent
of the existing multifamily
units with a minimum of one
unit.
A maximum of two ADUs.
Each ADU must be a
detached stand- along
building.
28 ORD. NO. 1349
Z-S-2023-0003ADUccmtg5-15-23(klk)
Location Must be located within the
portions of existing
multifamily dwelling
structures that are not used
as living area, including, but
not limited to, storage
rooms, boiler rooms,
passageways, attics,
basements, or garages, if
each unit complies with
state building standards for
dwellings.
New construction or
conversion of legally
permitted accessory
structures within yards
subject to the setbacks in
SVMC 9-44.160. Section D
(2).
Height Limits Refer to Section C 18 feet*
Size Minimum — of 220 square feet as required by the
California Building Code standards for an efficiency
dwelling unit
Maximum — 800 square feet
Rental Period The rental of any ADU must be for periods of 30 days or more.
Entrance Each ADU requires a separate entrance which should not face the street if possible.
Internal Connection No internal connection is permitted to any other dwelling unit.
Other Must meet all requirements
of SVMC Section 9 -44.160
DC.
Must meet all requirements
of SVMC Sections 9 -
44.160 CE and F.
* The height of any ADU may be increased by two feet if the ADU is within ½ mile of a major transit stop or a high- quality transit corridor as defined in Section 21155 of the Public Resources Code, if the increase is required in order to accommodate a roof pitch that is aligned with the roof pitch of an existing or proposed primary dwelling. Elevations plans for the primary dwelling must be submitted for this allowance.
PART 2: SVMC 9 -80.020 – Definitions of Specialized T erms and Phrases, is hereby amended to read as follows:
Detached Accessory Dwelling Unit: An Accessory Dwelling that is separated from the main residence single-family dwelling and any other structures by a minimum of six feet and cannot be connected to the primary dwelling or any other structure by a covered walkway or breezeway . A garage or patio can be attached to a detached Accessory Dwelling Unit subject to the limitations described in SVMC 9- 44.160. A Detached Accessory Dwelling does not include a covered patio, garage or any other structures apart from elements described in California Government Code Section 65852.2.
Gazebo and/or pool house cabana. A freestanding structure (similar to a detached open patio cover) , with a pitched roof design, having a maximum height of fifteen (15') feet, and a maximum area of four hundred (400) square feet, and shall be designed for recreational use only and not for habitation. No kitchens or kitchenettes and no conditioned space will be permitted. Bathrooms may be permitted.
29 ORD. NO. 1349
ATTACHMENT A
Z-S-2023-0003ADUccmtg5-15-23(klk)
NOTICE OF EXEMPTION
To: County Clerk From: City of Simi Valley
County of Ventura 2929 Tapo Canyon Road
800 S. Victoria Avenue Simi Valley, CA 93063
Ventura, CA 93001
Project Title: Z-S-2023-0003: Development Code amendment for Accessory Dwelling Units
Project Location - Specific:
Citywide
Project Location - City: Simi Valley Project Location - County:
Ventura
Description of Project:
Z-S-2023-0003 will bring existing City regulations into conformance with State Statutes and adopt revised City regulations for Accessory Dwelling Units and Junior Accessory Dwelling Units.
Name of Public Agency Approving Project:
City of Simi Valley 05/15/2023
Date of Approval
Name of Person or Agency Carrying Out Project: City of Simi Valley Exempt Status: (check one)
Ministerial [Sec. 21080(b)(1); 15268];
Declared Emergency [Sec. 21080(b)(3); 15269(a)];
Emergency Project [Sec. 21080(b)(4);15269(b)(c)];
X Categorical Exemption - State type and section number: 15282 (h) Statutory Exemptions - State code number:
General Rule [Sec. 15061(b)(3)]
Text of exemption and reasons why project is exempt:
This ordinance is exempt from review under the California Environmental Quality Act (CEQA; California Public Resources Code Section 2100 et seq.) and CEQA regulations (Title 14, California Code of Regulations Section 15000, et seq.) pursuant to Section 15282 (h) which states that “the adoption of an ordinance regarding second units in a single-family or multi-family residential zone by a city or county to implement the provisions of Sections 65852.1 and 65852.2 of the Government Code” is a statutory exemption as set forth in Section 21080.17 of the Public Resources which states that “division does not apply to the adoption of an ordinance by a city or county to implement the provisions of Section 65852.1 or Section 65852.2 of the Government Code”
Lead Agency Contact Person: Naren Gunasekera Area Code/Telephone (805) 583-6863
Signature: Date: 3/29/2023 Title:
Senior Planner
Naren Gunasekera Dept. of Environmental Services
X Signed by Lead Agency
30 EXHIBIT 1
PLANNING COMMISSION RESOLUTION
AND MEETING MINUTES
MARCH 29, 2023
31 RESOLUTION NO. SVPC 04-2023
A RESOLUTION OF THE PLANNING COMMISSION OF
THE APPROVAL OF DEVELOPMENT CODE AMENDMENT
NO. Z-S-2023-0003 PERTAINING TO ACCESSORY
DWELLING UNITS; AND A DETERMINATION THAT THE
AMENDMENTS ARE EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL. QUALITY ACT
WHEREAS, in 2022, the California Legislature adopted, and the Governor signed, Assembly Bills AB 2221 and S B 8 97 that, among other things, amended Government Code Sections 65852.2 and 65852.22 that imposed new limits on the City to regulate Accessory Dwelling Units (ADU) and Junior Accessory Dwelling Units (JADU) to address the housing shortages in California; and
WHEREAS, The ADU and JADU regulations took effect January 1, 2023, and where parts of the City's existing ADU ordinance that does not comply with the Government Code Sections 65852.2 and 65852.22, are null and void effective that date, thus reducing the City's ability to maintain the livable neighborhoods goals and policies of the General Plan; and
WHEREAS, the" proposed Development Code Amendments (Z-S-2023- 0003) bring City regulations for Accessory Dwelling Units into conformance with State law and exercise those regulatory options as allowed in State law, and WHEREAS, on March 29, 2023, a duly-noticed public hearing was held before the Planning· Commission to consider evidence and public testimony on the proposed amendments, and whether the amendments satisfied the findings as required under SVMC Section 9-73.070; and
WHEREAS, at t his public hearing, the Planning Commission also considered whether the proposed amendments are exempt from review under the California Environmental Quality Act (CEQA; California Public Resources Code Section 2100, et seq.) and CEQA regulations (Title 14, California Code of Regulations Section 15000, et seq.) pursuant to Government Code Section 15282 (h) which states that "the adoption of an ordinance regarding second units in a single-family or multi-family residential zone by a city or county to implement the provisions of Sections 65852.1 and 65852.2 of the Government Code" is a statutory exemption as set forth in Section 21080.17 of the Public Resources.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
SIMI VALLEY DOES RESOLVE AS FOLLOWS:
SECTION 1. The Planning Commission exercises its independent judgement and finds that the proposed amendment is not subject to environmental review under the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines Section 15282(h), which states.that "the adoption of an ordinance regarding second units ZS20220003 PC Staff Report (mg)
32 RES. NO. SVPC 04-2023
in a single-family or multi-family residential zone by a city or county to implement the provisions of Sections 65852.1 and 65852.2 of the Government Code" is a statutory exemption.
SECTION 2. Based u pon the staff report, the evidence, the public testimony, and the entire record before it, the Planning Commission finds that the proposed amendment meets the findings required under SVMC Section 9-73.070, and as such, recommends that the City Council adopt Development Code Amendment Z-S- 2023-0003, as specified in the attached Exhibit A.
SECTION 3. The time within which judicial review must be sought for administrative decisions is governed by California Code of Civil Procedure Section 1094.6.
PASSED and ADOPTED this 29th day of March 2023.
Attest:
Megan Grai
Office Specialist II
hn Tolson, Chairperson
Planning Commission
Ap Approved as to Content:
David Caceres
City Attorney
Sean Gibson
Deputy Environmental Services Director/
City Planner
2 ZS20220003 PC Staff Report (mg)
33 RES. NO. SVPC 04-2023
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Planning Commission of the City of Simi Valley, California, at a regular meeting held on March 29, 2023 by the following vote:
AYES:
NAYS:
ABSTAIN:
ABSENT:
Vice Chairperson Rice and Chairperson Tolson
Commissioner Mayer
None
Commissioners Mann and Kennedy
ATTEST:
MeganGrai
Office Specialist 11
3 ZS20220003 PC Staff Report (mg)
34 MINUTES OF THE MEETING OF THE
PLANNING COMMISSION
MOBILE HOME RENT MEDIATION BOARD
TREE ADV
ISORY BOARD
City
Council Chamber March 29, 2023
2929 Tapo Canyon Road
Simi Valley, CA 93063
1. CALL TO ORDER
The regular meeting of the Planning Commission of the City of Simi Valley was called to order at 6:29 p.m.
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
Present: Commissioners Mayer; Vice C hairperson Rice; Chairperson Tolson
Absent: Commissioners Mann and Kennedy
4. APPROVAL OF AGENDA
It was the consensus of the Commission to approve the agenda as submitted.
5. APPROVAL OF MINUTES – January 4, 2023. January 18, 2023, and March 1, 2023
It was the consensus of the Commission to approve the minutes as submitted.
6. DECLARATION OF CONFLICT – None
7. PUBLIC STATEMENTS – None
8. CORRESPONDENCE – None
9. CONSENT CALENDAR – None
10. CONTINUED BUSINESS - None
11. NEW BUSINESS
A. PUBLIC HEARINGS
35 Planning Commission Meeting
Mobile Home Rent Mediation Board
Tree Advisory Board Minutes – Page 2 March 29, 2023
1. Z-S-2023-0003; City of Simi Vall ey: To consider Z-S-2023-0003, to revise portions of Title 9 of the Simi Valley Municipal Code regulating accessory dwelling units; and a determination that the amendments are exempt from the California Environmental Quality Act Location: City Wide
Staff Contact: Naren Gunasekera
(805) 583-6863
There were no ex parte communications to report.
Deputy Environmental Services Director/City Planner Sean Gibson gave a brief overview of the project.
Senior Planner Naren Gunasekera gave a presentation of the staff report.
Chairperson Tolson opened the public testimony portion of the hearing.
Chairperson Tolson closed the public testimony portion of the hearing.
Commission comments:
Commissioner Mayer stated not seeing the benefit of Accessory Dwelling Units for Simi Valley
residents and how it can help solve the housing crisis.
Vice Chairperson Rice stated although he does not agree with all changes in State Law, he appreciates Staff’s efforts regarding preparing design guidelines to retain some local control.
Chairperson Tolson stated he is in consensus with Mayer and Rice, unfortunately Simi Valley must follow the requirements set by the State.
VICE CHAIRPERSON RICE MOVED THAT THE
PLANNING COMMISSION OF THE CITY OF SIMI
VALLEY RECOMMEND APPROVAL TO CITY
COUNCIL A DEVELOPMENT CODE AMENDMENT
NO. Z-S-2023-0003 PERTAIN ING TO ACCESSORY
DWELLING UNITS; AND A DETERMINATION THAT
THE AMENDMENTS ARE EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
Chairperson Tolson seconded the motion.
36 Planning Commission Meeting
Mobile Home Rent Mediation Board
Tree Advisory Board Minutes – Page 3 March 29, 2023
AYES: Vice Chairperson Rice; and Chairperson
Tolson
NAYS: Commissioner Mayer
ABSTAIN: None
ABSENT: Commissioners Mann and Kennedy
There is no appeal period and the recommendation will
move forward to the City Council.
2. Z-S-2023-0002; City of Simi Valley: To consider City-initiated text amendments (Z-S-2023-0002), to revi se portions of Title 9 of the Simi Valley Municipal Code to allo w the use of cargo containers as residential accessory storage struct ures; and a determination that the amendments are exem pt from the Califor nia Environmental Quality Act
Location: City Wide
Staff Contact: Zarui Chaparyan
(805) 583-6774
There were no ex parte communications to report.
Deputy Environmental Services Director/City Planner Sean Gibson gave a brief overview of the project.
Assistant Planner Zarui Chaparyan gave a presentation of the staff report.
Chairperson Tolson opened the public testimony portion of the hearing.
Chairperson Tolson closed the public testimony portion of the hearing.
Commission comments:
Commissioner Mayer stated uncertainty about the benefit of cargo containers for homeowners while also understanding cert ain homeowners may prefer a cargo container compared to a pre-made shed.
Vice Chairperson Rice under stands homeowners in hors e properties benefiting from cargo containers but does not see the benefit for those in standard residential zone. Vice Chairperson Rice stated diffi culty of enforcement within homeowner’s backyards.
37 Planning Commission Meeting
Mobile Home Rent Mediation Board
Tree Advisory Board Minutes – Page 4 March 29, 2023
VICE CHAIRPERSON RICE MOVED THAT THE
PLANNING COMMISSION OF THE CITY OF SIMI
VALLEY RECOMMEND APPROVAL TO CITY
COUNCIL A RESOLUTION APPROVING CITY-
INITIATED TEXT AMENDMENTS (Z-S-2023-0002)
TO REVISE PORTIONS OF TITLE 9 OF SIMI VALLEY
MUNICIPAL CODE, TO ALLOW THE USE OF
CARGO CONTAINERS AS RESIDENTIAL
ACCESSORY STORAGE AS AMENDED TO
INCLUDE CONCRETE PAD, HEIGHT LIMIT OF
NINE-FEET, AND A MINIMU M LOT SIZE OF 20,000
SQUARE-FEET; AND A DETERMINATION THAT
THE AMENDMENTS ARE EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
Commissioner Mayer seconded the motion.
AYES: Commissioner Mayer; Vice Chairperson
Rice; and Chairperson Tolson
NAYS: None
ABSTAIN: None
ABSENT: Commissioners Mann and Kennedy
There is no appeal period and the recommendation will
move forward to the City Council.
B. OTHER
1. Discussion and Request for Dir ection on Residential Design Guidelines for Accessory Structures. The following
recommendations were made for accessory structures on residential lots: allow metal structures for garages, carports, and sheds; metal structures to match one color from the primary structure with any roof style; allow metal structures in residential zones; co dify that the maximum size of accessory structures be limited to 30 percent of the habitable first floor of the primary structure or 1,200 square feet whichever is less; that accessory structures 500 square-feet or larger and 12 feet or more in height must have one similar siding material to match primary stru cture; and that acce ssory structure sizes ranging 1,200 to 2,000 square-feet require a Conditional Use Permit (CUP), and over 2,000 square-feet to be reviewed by the Planning Commission.
38 Planning Commission Meeting
Mobile Home Rent Mediation Board
Tree Advisory Board Minutes – Page 5 March 29, 2023
12. ORAL COMMUNICATIONS AND REPORTS
A. STAFF – None
B. PLANNING COMMISSION – None
C. MOBILE HOME RENT MEDIATION BOARD – None
D. TREE ADVISORY BOARD – None
13. ADJOURNMENT
The regular meeting of the Planning Commission of the City of Simi Valley was adjourned at 7:59 p.m. The next scheduled Planning Commission meeting is on April 12, 2023.
Minutes prepared by:
Megan Grai
39 EXHIBIT 2
PLANNING COMMISSION STAFF REPORT
MARCH 29, 2023
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CITY OF SIMI VALLEY
MEMORANDUM
March 29, 20
23 TO: Plann
ing Commission
FROM: Sean
Gibson, Deputy Environmental Services Director/City Planner SUBJECT: A
PUBLIC HEARING TO CONSIDER Z-S-2023-0003, TO REVISE
PORTIONS OF TITLE 9 OF THE SIMI VALLEY MUNICIPAL CODE
REGULATING ACCESSORY DWELLING UNITS; AND A
DETERMINATION THAT THE AMENDMENTS ARE EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
RECOMMENDATION
It is r
ecommended that the Planning Commission recommend to the City Council approval of Z-S-2023-0003 to amend portions of Title 9 of the Simi Valley Municipal Code pertaining to the regulation of Accessory Dwelling Units; and a determination that the amendments are exempt from the California Environmental Quality Act.
BACKGROUND AND OVERVIEW
In 2016,
the City of Simi Valley updated s ections of the Development Code (Title 9) to conform with State of California Assembly Bills 2299 and Senate Bill 1069 that required Accessory Dwelling Units (ADUs) to be allowed on all single-family and multi-family zoned parcels with an existing single or multi-family dwelling, regardless of parcel size, zoning density, General Plan policies or growth control programs. Development standards such as reduced setbacks and parking were adopted for ADUs and for Junior Accessory Dwelling Units (JADUs), smaller units entirely within existing homes, in line with Government Code Sections 65852.2 and 65852.22.
In 2020, t
he City again updated Sections of the Development Code (Title 9) to conform to State of California Assembly Bills SB 13, AB 68, and AB 881, all of which were passed in 2019. These changes further reduced the City’s ability to regulate ADUs and JADUs and reduced regulatory barriers and costs, streamlined the approval, and expanded the opportunities to construct ADUs.
In 2022, th
e California Legislature approved Assembly Bills AB 2221 and SB 897 that made further updates to the Government Code Sections related to ADUs , which has necessitated an update to the City’s ADU ordinance. Portions of the City’s O rdinance regulating ADUs that are not in line with these new changes are null and void until a compliant ordinance is adopted. Once the City adopts the new standards, the revised ordinance must be forwarded to the State Department of Housing and Community Development within 60 days for review and approval. However, the City can begin to enforce the ordinance as soon as it is adopted and becomes effective.
AGENDA ITEM NO.
11.A.1
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Two-Unit Development/Two-Unit Subdivision (SB 9 Units) & ADUs
Senate Bill 9, signed by Governor Newsom in 2021, became effective in 2022 and allows property owners within single-family zones to:
- Develop up to two primary residential units on a single lot with administrative approval; and
- Create a two-lot subdivision on an existing residential lot, subject to certain criteria being met (two primary units may also be constructed on each lot) with administrative approval.
On December 20, 2021, the City Council adopted Urgency Ordinance No. 1331 and on January 24, 2022, the City Council adopted Urgency Ordinance No. 1335 establishing interim rules and regulations regarding Two- Unit Residential Developments and standards for subdividing single- family residential properties in response to SB 9. Both urgency ordinances are set to expire on December 17, 2023, and will be heard by the Planning Commission for consideration and direction to staff for permanent provisions of SB 9.
The City’s cu rrent Accessory Dwelling Unit (ADU) Ordinance allows ADUs to be constructed on a property that contains one or two SB 9 units in line with State Law. The proposed ADU ordinance update includes clarification on the number of ADUs that can be constructed in conjunction with SB 9 units as discussed below.
ADUs & Regional Housing Needs Allocation (RHNA)
Pursuant to Government Code Section 65852.2(m), ADUs and JADUs can be counted as housing units, primarily in the above moderate income category, or moderate if the ADU is built within Low/Moderate income census tracts. As such, some ADUs contribute toward the City meeting its allotment for the upcoming Regional Housing Needs Allocation (RHNA) cycle.
The number of ADUs that have been built annually since 2019 is shown below in Table
1. Table 1: Number of ADUs built per year since 2019 (permits were not tracked until 2019)
Year Number of ADUs & JADUs Built
2019 24
2020 53
2021 24
2022 72
The Planning Commission is requested to make recommendations to the City Council on the options available to the City as discussed below. The proposed amendments will bring existing City regulations into conformance with and maintain certain City 42 3
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development standards to the extent allowed by the State statutes to facilitate neighborhood compatibility.
ANALYSIS
Statewide Exemption ADU
A statewide exemption ADU, found in Government Code section 65852.2 , subdivision (e), is an ADU of up to 800 square feet, 16 feet in height (the City allows 18 feet in height) with four-foot side and rear yard setbacks. State ADU Law requires that development standards related to lot coverage, floor area ratio, open space, or minimum lot size cannot preclude the construction of a statewide exemption ADU. This requirement was incorporated into the development code update of 2020 and has not changed.
Existing and Proposed Regulations for Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs)
The code sections listed below will need to be amended in order to bring the City’s ADU ordinance into compliance with ADU State Law and take into account SB 9:
1. SVMC 9-44.160 – Accessory Dwelling Units (Ministerial)
2. SVMC 9-80.020 – Definitions of Specialized Terms and Phrases
The proposed changes are shown in Exhibit A. New language is shown as underlined , while deleted language is shown as strikethrough.
The changes include general clean up items where portions of the code has been simplified and condensed as the City has gained experience in implementing the ADU ordinance, and additional guidance has been provided by the California Department of Housing and Community Development (HCD) including the ADU handbook published on July, 2022. References to two-unit developments have also been added to the code.
1. Number of ADUs and JADUs
The number of ADUs and JADUs allowed include one ADU or one JADU per single-family residential unit . An ADU and a JADU can be combined on one lot with a single-family residential unit, subject to the ADU being detached and limited to 800 square feet in size. Two detached ADUs can be constructed on a lot wit h an existing or proposed multifamily dwelling and attached ADUs are allowed up to 25 percent of the existing multifamily units. These options remain unchanged.
ADUs can now be combined with SB 9 units in a two- unit development or subdivision. The City can limit the total number of residential units to four, inclusive of ADUs and JADUs, under SB 9 State Law with either a two-unit development or two-unit subdivision. The combinations permitted under the ordinance are shown below.
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• Existing/proposed development – In a two unit residential development , or under the SB-9 rules, no more than two primary residential units may be located on a single lot. The primary dwelling units, including the existing dwelling would be referred to as SB-9 units. The residential units may be located in a single building that contains two primary residential units (also known as a duplex) or in two detached buildings.
o In this scenario, one ADU or JADU is allowed per primary , or SB-9 unit as shown in Figure 1.
Figure 1 – Two-Unit Residential Development Scenario 1
The figure to the left shows existing conditions, whereas the figures in the middle and right show the conversion of the property to an SB-9 lot with ADUs.
• Existing/proposed development - Two-Unit Residential Development Parcel Map with one or both of the lots developed with only a primary dwelling unit, or SB- 9 units.
o An ADU or JADU in-lieu of an SB 9 unit on one or both lots for a maximum of four residential units across both lots as shown in Figure 2.
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Figure 2 – Two-Unit Residential Development Scenario 2
In this scenario, each lot would consist of a primary unit (or SB-9 unit), which could be accompanied by an ADU or JADU per lot.
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• Existing/proposed development - Two-Unit Residential Development Parcel Map with a primary unit and SB 9 unit on one lot and two SB 9 units on the other lot, as shown in Figure 3.
o No ADUs or JADUs would be permitted under this scenario since the total number of four (4) dwelling units would be reached.
Figure 3 – Two-Unit Residential Parcel Map Scenario 1
• Existing/proposed development - Two-Unit Residential Development Parcel Map on a lot with a primary unit which has an existing ADU and JADU; with the new lot having an SB 9 unit as shown in Figure 4.
o No ADUs or JADUs would be permitted.
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Figure 4 – Two-Unit Residential Parcel Map Scenario 2
2. ADUs Size Limits & Separation
a. ADUs with Two -Unit Residential Developments (SB 9 projects) - Overall ADU size limits remain unchanged with the updates. However, ADUs that are combined with Two- Unit Residential Developments to allow four units on one lot, are limited to 800 square feet in size. This limit, along with an extended 10 foot setback to structures for a second ADU in such a scenario, is intended to avoid overcrowding of structures on residential lots. The standard separation between structures is six feet, which is a health and safety requirement. The ten foot separation requirement cannot be implemented for the first ADU up to 800 square feet in size, as this would be a statewide exempt ADU.
b. Hillside Performance Standards (HPS) - The HPS development standards in Chapter 9-32 of the Municipal Code are intended to protect hillside areas by limiting development in natural slopes that have a gradient of 20 percent or more. This is an open space development standard which is not enforceable for statewide exempt ADUs up to 800 square feet in size . The code update clarifies that ADUs proposed within HPS natural slopes with a gradient of 20 percent or more would be limited to 800 square feet in size.
3. Height Limits
a. Attached ADUs
Attached ADUs were previously limited to one-story and 18 feet in height. SB 897 requires that the heights of an attached ADU be 25 feet or the maximum height permitted by the underlying zoning, whichever is lower. T he maximum height for all single-family zones in the City is 30 feet , while height limits in multifamily residential zones are higher. Attached ADUs built to the minimum setbacks required of four foot side and rear yards, would be limited to 25 feet in height. Two story attached ADUs will be allowed with the code update. 47 8
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The update includes an allowance for attached ADUs to be increased to 30 feet in height, if 10 foot side yard and 20 foot front yard and rear yard setbacks are met. These are the same setback requirements for home additions. This , together with the objective design standards for window placement in ADUs (see below) may incentivize homeowners to match the underlying single-family zoning requirements in order to obtain the extra five-feet in height.
b. Detached ADUs
Detached ADUs continue to be limited to being a single-story structure, 18-feet in height, which is the height limit for accessory structures in residential zones.
SB 897 allows a limit of 16 feet with a two foot allowance for any sites within a half mile of a high quality transit stop . The City’s 18 foot height limit takes this into account.
There is an additional two foot allowance for ADUs within a half mile of a high quality transit stop if required to accommodate a roof pitch that is aligned with the primary dwelling’s roof pitch allowing these ADUs to be 20 feet in height.
The only high quality transit stop in the City is the Metrolink station located at 5050 Los Angeles Avenue. Figure 5 illustrates the limit of where the 20 foot height allowance would apply.
Figure 5 – Half-mile radius around Metrolink Station
4. Setbacks
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The code has been updated to include the AB 2221 restriction on imposing any front yard setback requirements for statewide exemption ADUs up to 800 square feet in size.
ADUs over 800 square feet, or a second ADU proposed in conjunction with a SB 9 unit , will need to maintain a 20 foot front yard setback. Rear and side yard setbacks remain at four feet for all ADUs.
Figure 6 - ADU in the front yard with a zero lot line setback
5. Objective Design Standards
SB 897 requires that design standards imposed on ADUs be objective, measurable, verifiable, and knowable to all parties prior to project submittal. A planning review process based on objective design standards involves no personal or subjective judgment by a public official.
The standards for ADUs have been updated to clarify that attached ADUs must match the main home with regard to colors and materials. Detached ADUs must incorporate a minimum of one color and one material from the primary dwelling. A number of customizable, prefabricated ADU models are available for purchase .
This requirement would ensure that such ADUs would be compatible with the main home while providing homeowners more flexibility in purchasing their ADUs.
Windows are not permitted above the first 10 vertical feet of the first floor wall plane for both attached and detached ADUs to preserve privacy for neighboring properties. As ADUs are now allowed on the second floor, windows facing 49 10
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adjoining properties will not be permitted unless the minimum required side and rear yard setbacks of four feet are increased to 10- feet for side yards and 20-feet for rear yards. These are the setbacks required for two- story additions to single- family residences.
6. Conversion of existing living space
HCD has clarified to the City in writing and in their ADU handbook that existing, legally permitted habitable and non-habitable structures can be converted to living space without any limits on the size of the ADU. Therefore, while a new construction ADU is limited to 1,000 square feet on a lot that is up to 8,000 square feet; a legally permitted structure such as a barn that is typically 2,000 square feet, can be converted to an ADU , in its entirety. An additional 150 square feet can be added to such structures during conversion solely for egress and ingress. The code update includes language reflecting this clarification.
Historically, the City has limited accessory structure size to 30 percent of the main home (with the exception of Animal and Horse overlay zones where barns up to 2,000 square feet have been allowed) . As such, it is not anticipated that many accessory structures that exceed the new construction size limits would be converted into ADUs under this State Law provision.
7. Development Standards for ADUs over 800 square feet and second ADUs of any size (non-statewide exemption ADUs)
As both ADUs and SB 9 units can now be combined on a single lot, the language for the development standards applying to a second ADU proposed on a lot and ADUs over 800 square feet were clarified to promote more usable private open space being preserved on lots and to prevent excessive building massing. The standards are as shown below:
• No structures inclusive of ADUs and SB 9 units shall cumulatively cover more than 40 percent of the first 10- feet of a side yard (t he area between the walls of the principal or main building which is closest to the side lot line) and the first 20-feet of the rear yard from the property lines of a lot. In Figure 7, the square footage of the red SB9 unit, the blue portion of the ADU, and the green portion of the shed cannot be more than 40 percent of the total of the yellow areas which represent the yard setbacks.
Figure 7 – 40 percent coverage limit for rear and side yards 50 11
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• A minimum of 50 percent of the rear yard setback width within 20-feet of the rear yard property line must be kept open, taking into account all proposed and existing structures . In Figure 8 , the combined width of the shed and the ADU, the green arrows, would need to be 50% or less than the width of the rear yard, depicted in the red arrow. The SB9 unit is outside of the 20- foot rear yard setback and as such would not be counted in this.
Figure 8 – 50 percent rear yard width coverage limit
8. Detached ADUs with garages and patio covers
AB 2221 specifies that detached ADUs may include a detached garage. Applicants frequently propose a garage and/or patio attached to their ADUs . Previously, the City required that where garages were attached, the entire structure could not be 51 12
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more than 30 percent of the existing home. This requirement cannot be imposed with the change in State Law and has been eliminated from the development code.
The proposed code updates include limiting the garage portion of such a proposal to 400 square feet, which is sufficient for a two- car garage. Objective design standards have been added for garages in order to ensure that they are the same material and color as an ADU.
Patio covers are limited to 10 percent of the proposed ADU. The color of the patio cover must be a color that is present on the ADU.
9. Updated Definition for “Detached Accessory Dwelling”
The definition has been updated to clarify that a detached ADU cannot be attached to any primary residence or any other structure by a br eezeway or covered walkway.
FINDINGS AND ALTERNATIVES
An amendment to the Development Code must meet the following findings in SVMC Section 9-73.070:
1. The proposed ordinance is consistent with the General Plan in that , the State statute for new ADUs and JADUs states that ADUs shall be deemed an accessory use and shall not be considered to exceed the allowable density for the lot upon , which it is located; and shall be deemed a residential use that is consistent with the existing general plan and zoning district for the lot. (CGC section 65852.2(a)(8)).
General Plan Policy LU-2.1 (Housing) states: “provide opportunities for a full range of housing types, locations, and densities to address the community's fair share of regional housing needs and to provide market support to economically sustain commercial land uses in Simi Valley.” The housing opportunities provided through ADUs and JADUs are consistent with this policy. The proposed changes to the development standards will remove front yard setback requirements for the statewide exempt ADU and provide objective design standards for ADUs in line with what is permitted by State Law. This will allow for more flexibility and clarity in the construction of ADUs in residential districts. This will assist in creating more ADU units to fulfill housing needs. Therefore, this policy has been achieved.
General Plan Policy LU-5.1 (Development Compatibility) states: “locate and design development to assure compatibility among land uses.” The proposed ordinance incorporates objective standards for materials and colors to maintain architectural compatibility between ADUs and main residences. Window placement standards have been inc luded to ensure privacy between adjacent residences. A height increase and window allowance has been provided for two story ADUs that meet standard single-family residence setbacks. Other development standards such as lot coverage and rear yard width limits for ADUs over 800 square feet in size and 52 13
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the 18 foot height limit for detached ADUs have been retained with the ordinance update. Therefore, this policy has been achieved.
2. The effect of this amendment on the housing needs of the region has been considered and balanced against the public service needs of its residents and against available fiscal and environmental resources in that, in compliance with State law, the amendment increases the potentially available housing supply based on additional ADUs and JADUs. The ordinance is in compliance with CGC 65852.2(a)(1), CGC 65852.2(a)(8), CGC 65852.2(f) and CGC 65852.22, which requires allowing ADUs and JADUs in single-family and multi-family zones unless there is a capacity issue with water or sewer service, traffic flow or public safety. It also precludes the City from considering ADUs and JADUs as a separate residence for the purposes of calculating connection fees or capacity charges for utilities. Based on the existing General Plan Land Use Map residential build-out projections, the City Public Works Department does not find that water, sewer and road systems serving single- family and multi -family zoned properties would be deficient due to ADU or JADU construction. Fiscal and environmental resources are preserved by continuing to allow for construction on existing developed parcels, where city infrastructure currently exists; therefore limiting financial and environmental impacts to the City. As a result, this finding has been met.
3. The proposed amendment does not by its terms limit the number of housing units which may be constructed on an annual basis , in that the proposed amendments will allow additional ADUs and JADUs to be built including those in conjunction with SB9 units. This will assist in creating more ADU units to fulfill housing needs.
ENVIRONMENTAL REVIEW AND CEQA REQUIREMENTS
The proposed amendments are exempt from review under the California Environmental Quality Act (CEQA; California Public Resources Code Section 2100, et seq.) and CEQA regulations (Title 14, California Code of Regulations Section 15000, et seq.) pursuant to Section 15282(h), which states that “the adoption of an ordinance regarding second units in a single -family or multi- family residential zone by a city or county to implement the provisions of Sections 65852.1 and 65852.2 of the Government Code” is a statutory exemption as set forth in Section 21080.17 of the Public Resources, which further states that “division does not apply to the adoption of an ordinance by a city or county to implement the provisions of Section 65852.1 or Section 65852.2 of the Government Code.” Thus, as these amendments update the City’s existing ADU ordinance, it is exempt from review under CEQA.
Prepared by: Naren Gunasekera, Senior Planner
INDEX Page
Public Hearing Script.......................................................................................................14 Resolution................................................................................ .......... .......... .......... ......16 Exhibit A: Proposed Development Code Amendments for ADUs.......... .......... ....19 Attachment 1: CEQA Notice of Exemption.......................................................................30
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NOTICE OF EXEMPTION
To: County Clerk From: City of Simi Valley
County of Ventura 2929 Tapo Canyon Road
800 S. Victoria Avenue Simi Valley, CA 93063
Ventura, CA 93001
Project Title: Z-S-2023-0003: Development Code amendment for Accessory Dwelling Units
Project Location - Specific: Citywide
Project Location - City: Simi Valley Project Location - County: Ventura
Description of Project: Z-S-2023-0003 will bring existing City regulations into conformance with State Statutes and adopt revised City regulations for Accessory Dwelling Units and Junior Accessory Dwelling Units.
Name of Public Agency Approving Project: City of Simi Valley 03/29/2023 Date of Approval
Name of Person or Agency Carrying Out Project: City of Simi Valley Exempt Status: (check one)
Ministerial [Sec. 21080(b)(1); 15268];
Declared Emergency [Sec. 21080(b)(3); 15269(a)];
Emergency Project [Sec. 21080(b)(4);15269(b)(c)];
X Categorical Exemption - State type and section number: 15282 Statutory Exemptions - State code number:
General Rule [Sec. 15061(b)(3)]
Text of exemption and reasons why project is exempt:
This ordinance is exempt from review under the California Environmental Quality Act (CEQA; California Public Resources Code Section 2100 et seq.) and CEQA regulations (Title 14, California Code of Regulations Section 15000, et seq.) pursuant to Section 15282 (h) which states that “the adoption of an ordinance regarding second units in a single-family or multi-family residential zone by a city or county to implement the provisions of Sections 65852.1 and 65852.2 of the Government Code” is a statutory exemption as set forth in Section 21080.17 of the Public Resources which states that “division does not apply to the adoption of an ordinance by a city or county to implement the provisions of Section 65852.1 or Section 65852.2 of the Government Code.”
Lead Agency
Contact Person: Naren Gunasekera Area Code/Telephone (805) 583-6863
Signature: Date: 3/29/2023 Title: Senior Planner Naren Gunasekera Dept. of Environmental Services
X Signed by Lead Agency
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