City of Simi Valley
Staff Report
J
une 22, 2026
To: Cit
y Council
Fr
om: Department of Environmental Services
Stratis Perros, Environmental Services Director
Subj
ect: A public hearing to consider Simi Valley Municipal Code amendments (Z - S-2026-0001) to update regulations for Accessory Dwelling Units; a determination that these amendments are exempt from the California Environmental Quality Act, and the introduction of an ordinance Re
commendation
The Planning Commission recommends that the City Council adopt the City-initiated Simi Valley Municipal Code (SVMC) Amendments, Z-S-2026-0001 (Attachment B), to update regulations for Accessory Dwelling Units (ADUs) to ensure consistency with California law, and a determination that these amendments are exempt from the California Environmental Quality Act (CEQA) (Attachment C).
Background
The City periodically amends sections of the SVMC to comply with new California laws.
For ADUs, the most recent change to California law w as Senate Bill (SB) 477, effective March 25, 2024. These changes necessitate updates to the SVMC.
On October 30, 2025, the State Department of Housing and Community Development (HCD) notified the City that the City’s cur rent ADU regulations do not comply with recent changes to California law (Attachment D, page 40). If adopted, the proposed amendments will bring the S VMC into compliance with California law. After adoption, an updated ordinance must be provided to HCD for review and comment within 60 days.
At a public hearing on April 8, 2026, the P lanning Commission recommended that the City Council adopt the proposed ordinance updating regulations for ADUs (Attachment D).
The Public Hearing Notic e was published in the Ventura County Star and posted at City Hall in accordance with the SVMC and Assembly Bill 2904 (2024).
Discussion
Proposed amendments to the ADU regulatory framework are included as Attachment B. If adopted by the City Council, the amendments would primarily m ake changes to § 9-4 4.160 of the SVMC. The changes provide clarity to the City’s ADU ordinance and comply with State law.
Agenda Item No.
5B
A summary of the significant changes is as follows:
• Adds a n ew subsection, B . Classes of Accessory Dwelling Units . This section defines the different classes of ADUs that can be created pursuant to Government Code § 66310-66342. This section was added to clearly explain the standards distinguishing each ADU/J unior Accessory Dwelling Unit (JADU) type from one another.
• Adds a new subsection, C. Number and Combination of Accessory Dwelling Units which allows a combination of ADUs and JADUs in compliance with Government Code § 66323. California law requires the City to allow a combination of up to three State-exempt ADUs on a residential lot.
• Adds a new subsection, D. Development Standards updating development standards for the State exempt and non-State exempt ADUs:
o Table 4- 4: “State Exempt” ADU’s and JADU’s Development Standards clarifies the basic standards applicable to these ADUs as allowed by State law.
o Table 4-4.5: “Non- State Exempt” ADU Development Standards was added to separate existing development standards for ADUs not subject to Government Code § 66323. These ADUs are generally attached, new construction ADUs and detached ADUs larger than 800 square feet. The existing standards include window and door placement to avoid impacts to neighbors, requiring that colors and materials match the primary home, off- street parking requirements, and 20-foot front yard setbacks.
The amendments will also update SVMC § 9-24.030 Table 2-2 to remove JADUs as a permitted use from the Residential High Density (RH) and Residential Very High Density (RVH) zones to comply with Government Code § 66333.
The proposed SVMC amendments comply with the findings for a Zone Text Amendment pursuant to SVMC § 9- 73.070 as outlined in page 2 of Attachment D - April 8, 2026 , Planning Commission Packet.
Environmental Analysis
The proposed amendments are exempt from review under the California Environmental Quality Act (CEQA ) pursuant to Public Resources Code § 21080.17. This section provides a statutory exemption for “the adoption of an ordinance regarding second units (ADUs) 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.” The Notice of Exemption is in Attachment C.
Financial Impact
This action has no impact on the City’s General Fund.
2 City Council Priority
This item supports two of the City Council’s Pillars of E xcellence—Excellent City Government, by ensuring the City’s regulations are in line with State requirements and Thriving Community by helping to diversify Simi Valley’s housing stock with ADUs and enhance the city’s attractiveness as a desirable place to live.
Suggested Motion
I move to introduce Ordinance No. 1373 amending the Simi Valley Municipal Code to update regulations related to Accessory Dwelling Units and a determination that the amendments are exempt from the California Environmental Quality Act.
Summary
The City periodically amends sections of the SVMC to comply with new California laws.
For ADUs, the most recent change to California law w as Senate Bill (SB) 477, effective March 25, 2024. These changes necessitate updates to the SVMC. The Planning Commission recommends that the City Council adopt the City- initiated Simi Valley Municipal Code (SVMC) Amendments, Z -S-2026-0001, to update regulations for Accessory Dwelling Units (ADUs) to ensure consistency with California law , and a determination that these amendments are exempt from the California Environmental Quality Act (CEQA).
Prepared by: Mark Nason, Assistant Planner
Attachments
Attachment A – Public Hearing Procedure
Attachment B – Ordinance No. 1373
Attachment C – CEQA Notice of Exemption
Attachment D – April 8, 2026, Planning Commission Resolution, Minutes, Staff Report, and S
upplemental Staff
3 Attachment A
PUBLIC HEARING PROCEDURE
HEARING DATE: June 22, 2026
1. CITY CLERK: This is the time and place set for a public hearing to consider Simi Valley Municipal Code amendments (Z-S-2026-0001) to update regulations for Accessory Dwelling Units; a
determination that these amendments are exempt from the California Environmental Quality Act, and the introduction of an ordinanc e. (Read by City Clerk including reading
Ordinance)
2. MAYOR: Before we begin, are there any ex parte communications to report?
3. ANY COUNCIL
MEMBER: (Report)
4. MAYOR: Staff may begin with the oral report on this matter.
5. STAFF: (Report)
6. MAYOR: Any questions of staff from City Council Members? (Questions of staff and staff response)
7. MAYOR: At this time I would like to open the hearing for anyone in the City Council Chambers wishing to be heard on this matter?
8. AUDIENCE: Public Testimony and Comments
9. MAYOR: Does Staff desire to respond to any comments or issues raised?
10. STAFF: (Response to comments and additional City Council questions)
11. MAYOR: Any further comments or questions from City Council Members?
12. MAYOR: The hearing is now closed.
13. MAYOR: I will now entertain a motion.
14. ANY COUNCIL
MEMBER : City Council Actions (by motion of any Council Member):
4 1) I ntroduce, modify, or not introduce Ordinance No. 1373 amending the Simi Valley Municipal Code to update
regulations for Accessory Dwelling Units and a
determination that the amendments are exempt from the
California Environmental Quality Act. (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.
15. ANY COUNCIL
MEMBER : Second
16. MAYOR: (Call for vote)
17. MAYOR: Proceed to the next item.
5 Attachment B
ORDINANCE NO. 1373
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SIMI VALLEY FOR SIMI VALLEY MUNICIPAL CODE
AMENDMENTS (Z -S-2026-0001) TO UPDATE
REGULATIONS FOR ACCESSORY DWELLING UNITS;
AND A DETERMINATION THAT THESE AMENDMENTS
ARE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT
WHEREAS, on October 25, 2025, the State Department of Housing and Community Development (HCD) notified the City that the City’s current ADU regulations do not comply with recent changes to California law; and
WHEREAS, the proposed Development Code Amendments (Z -S-2026- 0001) bring City regulations for Accessory Dwelling Units into conformance with California law and exercise those regulatory options as allowed in State law; and
WHEREAS, on April 8, 2026, the Planning Commission recommended that the City Council adopt the proposed ordinance updating regulations for Accessory Dwelling Units; and
WHEREAS, the City reviewed the Project’s environmental impacts under the California Environmental Quality Act (Public Resources Code §§ 2100, et seq., “CEQA”) and the regulations promulgated thereunder (14 California Code of Regulations §§ 15000, et seq., the “CEQA Guidelines”); and
WHEREAS, the City scheduled a public hearing regarding the proposed Project before the City Council for June 22, 2026. Notice of the public hearing on the proposed Project was posted as required by the Simi Valley Municipal Code; and
WHEREAS, on June 22, 2026, the City Council conducted a public hearing to consider the Project, including, without limitation, this ordinance; and
WHEREAS, this ordinance, and its findings, are based upon the entire administrative record considered during the June 22, 2026, public hearing, including, without limitation, the staff report and accompanying documents.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SIMI VALLEY DOES ORDAIN AS FOLLOWS:
SECTION 1. The City Council adopts the attached amendments to Title 9 of the Simi Valley Municipal Code as set forth in Exhibit A.
SECTION 2. 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 6 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 3. 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 22nd day of June 2026.
Attest:
Lucy Blanco, City Clerk Dee Dee Cavanaugh, Mayor of the City of Simi Valley, California
Approved as to Form: Approved as to Content:
Algeria R. Ford, City Attorney Samantha C. Argabrite, City Manager
Stratis Perros
Environmental Services Director
7 Ord. No. 1373
Exhibit A
Proposed Simi Valley Municipal Code (SVMC) Title 9 Amendments (Z-S-2026- 0001)
The following sections of the SVMC are amended in their entirety. 9-44.160 Accessory Dwelling Units
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 or Multi-Family Development.
2. Authority. This section is adopted in compliance with Government Code § 66310- 66342, as amended.
3. A ministerial Zoning Clearance may be required by this code.
4. Consistent with Government Code § 66314(a), as may be amended, the City may apply objective standards relating to infrastructure capacity, traffic flow, and public safety, provided such standards do not conflict with Government Code §§ 66310– 66342, as may be amended, and are not applied so as to unreasonably restrict the creation of ADUs otherwise authorized by California law.
5. The City must approve or deny an application to create or serve an ADU or JADU ministerially, without discretionary review or a hearing, within 60 days from the date it receives a completed application if there is an existing single- family or multi- family dwelling on the lot, as required by Government Code §§ 66317 and 66320, as may be amended.
6. Where an ADU or JADU is proposed with the construction of a new single- family dwelling and/or Multi-family Dwelling Residential use, that proposed single-family dwelling or Multi-family Dwelling Residential must be approved for occupancy before an ADU or JADU may be approved for occupancy.
7. Renting ADUs or JADUs must comply with applicable law. At the time this section became effective, the time period for rental of ADUs pursuant to Government Code § 66323 must be 30 days or longer when required by State law.
8. ADUs proposed on lots subject to the Hillside Performance Standards are limited to those ADUs permitted pursuant to Government Code § 66323, or as amended.
Any access driveways or other site improvements associated with such ADUs must comply with the standards set forth in Chapter 9-32.
9. For Government Code § 66322 ADUs or JADUs, the Director may not deny a permit due to nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the ADU or JADU.
B. Classes of Accessory Dwelling Units
1. Class 1-s: Junior Accessory Dwelling Unit (JADU).
8 Ord. No. 1373
a. A JADU is a dwelling unit contained entirely within an existing or proposed single-family dwelling, consistent with Government Code § 66333, and limited to a maximum of 500 square feet.
2. Class 2-s & Class 2: Detached Accessory Dwelling Unit (Detached ADU). a. A detached ADU is a newly constructed dwelling unit that is a separate, freestanding structure from the primary dwelling.
i. U p to 800 square feet , consistent with Government Code § 66323 (Class 2-s); or
ii. Otherwise allowed up to 1,000 square feet on lots up to 8,000 square feet (Class 2); or
iii. Up to 1,200 square feet on lots over 8,000 square feet (Class 2)
3. Class 3: Attached Accessory Dwelling Unit (Attached ADU). a. An attached ADU is a newly constructed dwelling unit that is attached to the primary dwelling and shares a minimum of 10 feet of wall area with the primary dwelling.
b. 850 square feet or 50% of the square footage of the primary dwelling up to a maximum of 1,000 square feet, whichever is larger.
c. Garages, patios, and other attached accessory structures do not count towards existing square footage of single-family residence.
4. Class 4-sp & Class 4-sa: Converted Accessory Dwelling Unit (Conversion ADU). a. A conversion ADU is a dwelling unit created entirely within the existing or proposed floor area of:
i. A primary dwelling (Class 4-sp); or
ii. An existing accessory structure (Class 4-sa).
b. Conversion ADUs may include up to 150 square feet of additional floor area solely to accommodate ingress and egress, subject to minimum required ADU setbacks.
5. Class 5-s: Multi-family Conversion ADU.
a. A multi-family conversion ADU is a dwelling unit created within portions of an existing multi- family structure that are not used as livable space, including but not limited to storage rooms, boiler rooms, basements, attics, passageways, or garages, and having a separate entrance with no internal connection to other units.
6. Class 6-s: Multi-family Detached ADU.
a. A multi-family detached ADU is a new, freestanding dwelling unit located on a lot developed with an existing or proposed multi-family dwelling. b. Subject to 4-foot setbacks from all property lines
9 Ord. No. 1373
C. Number and Combination of Accessory Dwelling Units Multiple ADUs may be combined pursuant to Government Code § 66323 or as amended. The Director must allow all combinations of ADU types authorized by Government Code § 66323(a), as may be amended.
D. Development Standards
Tables 4-4 and 4-4.5 detail the development standards applicable to all ADUs and JADUs. Additional requirements for ADUs and JADUs are listed in Sections E through H.
Table 4-4: “State Exempt” ADUs and JADUs Development Standards Applicability. The following standards apply only to ADUs and JADUs qualifying under Government Code § 66323(a), as may be amended. No additional local development or design standards apply to such units.
Development
Standards
Class 1-s
Class 4-sp Class 2-s
Class 4-sa
Rear & side yard
setbacks
N/A 4 feet N/A
Height limits N/A Limited to
one story
and 18 feet
in height***
N/A
Maximum size Refer to Section B
Minimum number of
parking spaces
No additional parking required
Required cooking
facilities
Review SVMC § 9-
80.020 for the
minimum
requirements for
efficiency kitchens
A kitchen as defined by California Building
Code
Required sanitation
facilities
May be separate from
or shared with the
primary dwelling
Must be separate from the primary dwelling
Internal connection 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
N/A
Required external
entrances
Requires a separate entrance
10 Ord. No. 1373
Table 4-4.5: “Non - State Exempt” ADU Development Standards (Not subject to Govt. Code § 66323)
Applicability. The following standards apply only to ADUs and JADUs not governed by Government Code § 66323, as may be amended, and will not be applied so as to preclude construction of an ADU of at least 800 square feet with four -foot side and rear yard setbacks.
Development
Standards
Class 2
Class 3
Front yard setback 20 feet
Rear & side yard
setbacks*
4 feet
Colors & Materials i) Must incorporate a
minimum of one
material and one color
from the existing or
proposed primary
dwelling.
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 be a color that is
present on the ADU.
The materials and colors of exterior
walls, roof, eaves, windows, and
doors must match those of the
primary dwelling.
Window Placement 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 top of the
roof surface an ADU.
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 of the
roof surface on any story of
an ADU.
ii) No windows facing adjacent
properties will be permitted
on a second story portion of
an ADU that does not meet a
10-
foot side setback and a
20-foot rear setback.
Height Limits Limited to one story and 18
feet in height***
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
11 Ord. No. 1373
the underlying zoning, whichever is
lower**
Maximum Size See Section B
Minimum number of
parking spaces
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 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 Chapter 9-34;
e) When on-street parking permits are required but not offered to the occupant of the ADU;
f) When there is a car share vehicle located within one block of the ADU;
g) When the ADU is located in an architecturally or historically significant district; or
h) When the ADU is proposed in conjunction with a new
Single-family or Multi-family application.
Required cooking
facilities
A kitchen per California Building Code
Required sanitation
facilities
Must be separate from primary dwelling
Internal
connection/breeze
ways
May not be attached to the
existing single -family home
by breezeways or any similar
structure and must be
separated from any proposed
or
existing structure by a
minimum of six feet . This
separation requirement may
not be applied to preclude
construction of an ADU of at
least 800 square feet with
four-foot side and rear yard
setbacks.
No internal connection is permitted.
Must share a minimum of 10 feet of
the wall of the main single- family
home.
Required external
entrances
Each ADU requires a separate entrance . Where a street -facing entrance is the only location that satisfies minimum California Building Standards Code egress requirements , given the lot configuration and existing structures, a street -facing entrance will be permitted.
* If an attached ADU is proposed with a height between 25 and 30 feet, it must maintain a minimum 10- foot side yard setback and a 20- foot setback for both front and rear yards.
12 Ord. No. 1373
** 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 to 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 corridor, if the increase is required in order to accommodate a roof pitch that is aligned with the roof pitch of an existing or proposed primar y dwelling. Elevation plans for the primary dwelling must be submitted to obtain this allowance.
**** Required parking may be provided as uncovered parking, tandem parking, or parking that meets the standards in § 9-34.040. All parking spaces must be located paved surfaces. 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 front yard landscaping requirements are not being met or if it is 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.
E. J
ADU (Class 1-s) 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.
2. Before the Director issues a Zoning Clearance for a JADU, a deed restriction must be recorded on the property in a form approved by the City Attorney. The deed restriction runs with the land and must include the following requirements:
a) The JADU may not be sold or otherwise conveyed separately from the primary single-family dwelling.
b) The property owner must occupy either the primary single-family dwelling or the JADU if the unit contains shared sanitation facilities with the primary structure.
F. Detached ADU (Class 2) Requirements
1. Detached ADUs, that are not subject to Government Code § 66323 are subject to the following lot coverage and rear yard width coverage limits:
a) No accessory structures inclusive of a proposed ADU may cumulatively cover
more than 40 percent of the first 10 feet of a side yard and the required 20- foot rear yard setback area.
b) A minimum of 50 percent of the rear yard width within 20 feet of the rear yard property line must be open, considering all proposed and existing structures. 13 Ord. No. 1373
G. ADUs o
n Multi-Family Lots (Class 5-s & Class 6-s)
1. ADUs on lots with existing or proposed multi -family dwellings must meet the requirements of this code. The development standards in Table 4-4.5 do not apply to Government Code § 66323 ADUs. The Director will allow the combinations of ADUs specified in Government Code § 66323, including both multi -family conversion ADUs and multi-family detached ADUs on the same lot.
H. Development standards for all Detached ADUs and ADUs converted from Accessory Structures (Class 2-s, Class 2, Class 4-sa, & Class 6-s)
1. May be developed with a garage or a patio cover, wherein these specific elements are subject to the below standards and the setback requirements in SVMC § 9-
30.080.
a. The proposed garage cannot be larger than 400 square feet. b. The size of any proposed patio cover is limited to 10 percent of the square footage of the proposed ADUs habitable space, excluding any attached garage.
SVMC § 9-24.030, Table 2-2. Changes to this Section are described as follows.
Within Table 2-2, Junior Accessory Dwelling Unit is to change the “P” (for Permitted Use) designation under Zones RH and RVH to “—” (for use not allowed).
TABLE 2-2
Allowed Uses and Permit Requirements for
Residential and Open Space Zoning
Districts
P Permitted Use (2)
CUP Conditional Use Permit required
HP Home Occupation Permit required
— Use not allowed
LAND USE (1) PERMIT REQUIRED BY DISTRICT Specific
Use
Regulation
s OS RE RVL RL RM RMod RH RVH MH
RESIDENTIAL USES
Junior
Accessory
Dwelling Units
P P P P P P(7) P— P— — 9-44.160
(7) Pursuant to Government Code § 66333, Junior Accessory Dwelling Units (JADUs) are only permitted in existing or proposed single-family dwellings. 14 Ord. No. 1373
SVMC
§ 9- 44.215. Changes to this section are strikeout and new language is underlined.
2. Kitchens and Bathrooms. Each SRO unit must include an private efficiency kitchen and bathroom, pursuant to the California Building Standards Code.
SVMC
§ 9 -80.020. Changes to this section are strikeout and new language is underlined.
9-80.
020 Definitions of Specialized Terms and Phrases
D. Definitions, “D”
Detached Accessory Dwelling Unit. An Accessory Dwelling, consisting of new construction, that is separated from the main single- family dwelling and any other structures by a minimum of six feet when above 800 square 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.
K. De
finitions, “K”
Kitchen. A kitchen for a Junior Accessory Dwelling Unit or Single Room Occupancy unit must, at minimum, provide a cooking area with a cooking appliance, refrigerator facilities, a food preparation counter that is at least 48" by 24" with a sink, and a storage cabi net that is at least 24" wide by 36" in length and 35" in height, each having a clear working space of not less than 30" in front.
E. De
finitions, “E”
Ef
ficiency Kitchen. Cooking facilities A kitchen for a Junior Accessory Dwelling Unit or Single Room Occupancy unit must, at minimum, provide a cooking area with a cooking appliance, refrigerator facilities, a food preparation counter that is at least 48" by 24" with a sink, and a storage cabinet that is at least 24" wide by 36" in length and 35" in height, each having a clear working space of not less than 30" in front. 15 Ord. No. 1373
16 Attachment D
Planning Commission Packet
Z-S-2026-0001
April 8, 2026
INDEX
Resolution No. SVPC-04-2026 ..........................................................................................
April 8, 2026 Planning Commission Minutes
April 8, 2026 Planning Commission Staff Report
October 30, 2025 Department of Housing and Community Development (HCD) Memo November 20, 2025 Environmental Services Department Response to HCD (The public hearing procedure and notice of exemption have been omitted from this printing)
001
17 RESOLUTION NO. SVPC 04-2026
A RESOLUTION RECOMMENDING THAT THE CITY
COUNCIL ADOPT AN ORDINANCE (Z-S-2026-0001) TO
UPDATE REGULATIONS IN THE SIMI VALLEY MUNICIPAL
CODE GOVERNING ACCESSORY DWELLING UNITS; AND
A DETERMINATION THAT THESE AMENDMENTS ARE
EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT
THE PLANNING COMMISSION RESOLVES AS FOLLOWS:
SECTION 1: Factual Findings and Conclusions. The Planning Commission finds as follows:
A. On October 30, 2025, the California Department of Housing and Community Development (HCD) notified the City that the City's existing Accessory Dwelling Unit (ADU) regulations do not comply with recent changes to California law.
B. The City reviewed the project's environmental impacts under the California Environmental Quality Act (Public Resources Code Section 21000, et seq., "CEQA"), the regulations promulgated thereunder (14 California Code of Regulations § 15000, et seq., the "CEQA Guidelines"), and the City's Environmental Guidelines.
C. The Director completed the review and scheduled the public hearing regarding the application before the Planning Commission for April 8, 2026.
D. This Resolution and its findings are made based upon the evidence presented to the Commission at its April 8, 2026, hearing including, without limitation, the staff report submitted to the Director.
SECTION 2: Municipal Code Amendment findings. The Planning Commission makes the following findings pursuant to SVMC § 9-73.070:
1. The amendment is consistent with the General Plan in that, the amendments update the SVMC to ensure compliance with current California law governing ADUs and Junior Accessory Dwelling Units (JADUs), which is intended to facilitate the development of lower cost housing units within existing residential neighborhoods (Govt. Code § 66310). By reconciling local regulations with California law, the amendments support General Plan policies that encourage diverse housing types, increase housing opportunities for a range of income levels, promote efficient use of existing residential land and infrastructure, and assist the City in meeting its Regional Housing Needs Allocation (RHNA) obligations. The amendments are also consistent with the following General Plan policies:
6 ZS20260001 PC Staff Report (kr)
002
6 18
RES. NO SVPC 04-2026
a) 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 AD Us and JADUs are consistent with this policy in that, the proposed changes to the development standards will allow for more combinations of ADUs, resulting in more housing units being provided. 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.
b) General Plan Policy LU-5.1 (Development Compatibility) states: "locate and design development to assure compatibility among land uses." For ADUs which are not considered "State exempt" pursuant to Government Code § 66323, the proposed amendments incorporates objective standards for materials and colors to maintain a rchitectural compatibility between ADUs and main residences. Window placement standards have been included to ensure privacy between adjacent residences. Other development standards such as lot coverage and rear yard width limits for ADUs over 800 square feet in size and the 18-foot height limit for detached ADUs have been retained with the ordinance update. State exempt ADUs are exempt from objective or subjective development and design standards. However, the proposed amendments enforce development compatibility where allowed by the State of California.
Therefore, this policy has been achieved.
2. The effect of this amendment on the housing needs of the region and has balanced these needs 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 amendments comply with Government Code§ 66310, et seq., 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 clarify the classes of ADUs, permissible combinations, development standards, and regulations. This ordinance does not limit the number of housing units which may be constructed on an annual basis; therefore, this finding has been met. 7 ZS20260001 PC Staff Report (kr)
003
7 19
RES. NO SVPC 04-2026
SECTION 3: Environmental Assessment. The proposed amendments are exempt from additional review under CEQA pursuant to Public Resources Code § 21080.17. This section provides a statutory exemption for "the adoption of an ordinance regarding second units (ADUs) 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." SECTION 4: Recommendation to City Council. The Planning Commission recommends that the City Council adopt the ordinance attached as Exhibit "A," and incorporated by reference (Z-S-2026-0001 ).
SECTION 5: Reliance on Record. Each of the findings and determinations in this Resolution is based on competent and substantial evidence, both oral and written, contained in the entire record relating to the project. The findings and determinations constitute the independent findings and determinations of the Planning Commission in all respects and are fully and completely supported by substantial evidence in the record as a whole.
SECTION 6: Limitations. The Planning Commission's analysis and evaluation of the project is based on the best information currently available. It is inevitable that in evaluating a project that absolute and perfect knowledge of all possible aspects of the project will not exist. One of the major limitations on analysis of the project is the Planning Commission's lack of knowledge of future events. In all instances, best efforts have been made to form accurate assumptions. Somewhat related to this are the limitations on the City's ability to solve what are in effect regional, state, and national problems and issues.
The City must work within the political framework within which it exists and with the limitations inherent in that framework.
SECTION 7: This Resolution will remain effective until superseded by a subsequent resolution.
8 ZS20260001 PC Staff Report (kr)
004
8 20
RES. NO SVPC 04-2026
SECTION 8: The Planning Commission secretary is directed to mail a copy of this Resolution to any person requesting a copy.
PASSED and ADOPTED this 8th day of April, 2026.
Attest:
~
Office Specialist II
Approved as to Form:
ALGERIA R. FORD, City Attorney
Senior Assistant City Attorney
Lee Kennedy, Chairperson
Planning Commission
Approved as to Content:
Seanib son
Deputy Environmental Services Director/
City Planner
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 this 8th of April 2026, by the following vote:
AYES:
NAYS:
ABSTAIN:
ABSENT:
ATTEST:
~ /
Office Specialist II
9 ZS20260001 PC Staff Report (kr)
005
9 21
MINU
TES OF THE MEETING OF THE
PLANNING COMMISSION
MOBILE HOME RENT MEDIATION BOARD
TREE ADVISORY BOARD
City
Council Chamber April 8, 2026
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 6:30 p.m.
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
Present: Chairperson Kennedy; Vice Chairperson Rice; Commissioners Christmann and Mann
Absent: None
Remote: Commissioner Tolson
4. APPROVAL OF AGENDA
It was the consensus of the Commission to approve the agenda as submitted.
5. APPROVAL OF MINUTES – February 18, 2026
It was the consensus of the Commission to approve the minutes as submitted.
6. DECLARATION OF CONFLICT – None
7. PUBLIC STATEMENTS
Resident James McGillis stated that he is opposed to Short Term Rentals in Simi Valley.
8. CORRESPONDENCE
Deputy Environmental Services Director/City Planner Sean Gibson stated that there was one correspondence that was received regarding agenda item 11.A.1, the proposed Accessory Dwelling Units (ADU) ordinance amendments (Z-S-2026- 0001). The correspondence is in the Supplemental Staff Report. Copies of the 006
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Supplemental Staff Report was provided at the dais, as well as at the table in the lobby.
9. CONSENT CALENDAR
A. Review of Potential Fiscal Year (FY) 2026-27 Capital Improvement Program for Conformance with the Simi Valley General Plan
It was a consensus of the Commission to approve the Consent Calendar as submitted.
10. CONTINUED BUSINESS – None
11. NEW BUSINESS
A. PUBLIC HEARINGS
1. Z-S-2026-0001: To consider recommending that the City Council amend the Simi Valley Municipal Code to update regulations for Accessory Dwelling Units; and a determination that these amendments are exempt from the California Environmental Quality Act.
Staff Contact: Mark Nason
(805) 583-6836
There w
ere no ex parte communications to report.
Deputy Environmental Services Director/City Planner Gibson gave a brief overview of the project.
Assistant Planner Mark Nason gave a presentation of the staff report.
Commissioner Christmann inquired about the setback requirements for both Junior Accessory Dwelling Units (JADUs) and Accessory Dwelling Units (ADUs).
Assistant Planner Nason explained that a JADU is created from existing structures, which means it adheres to the municipal code requiring a 20-foot setback. Principal Planner Naren Gunasekera further clarified that a detached “State Exempt” ADU, needs to have a four-foot setback on the sides and rear, with no setback requirement for the front yard. The ADUs that are not “State Exempt”, the City could mandate a 20-foot setback. There has been minimal interest from residents regarding no front setbacks. When residents request no front setbacks for a “State Exempt” ADU, the staff will advise them on the reasons to reconsider this choice.
Commissioner Mann inquired about the possibility of constructing two 400-square foot ADUs on the same property with no front yard setback. Assistant Planner Nason clarified that a property is not permitted to have two state exempt detached 007
23 Planning Commission Meeting
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ADUs. Principal Planner Gunasekera elaborated that there are two types of “State Exempt” ADUs: one being a JADU that must be within the existing home’s footprint, or a conversion of an existing structure that is under 800 square feet.
Both of those would have had to adhere to the current municipal code concerning setbacks since they are within existing structures. The other “State Exempt” ADU would be a detached new building under 800 square feet that could be built with no front setback. Commissioner Mann then asked for further clarification of the possibility of having one 600-square foot ADU with a front setback and one 600 square foot ADU that has no front setback. Principal Planner Gunasekera affirmed that his scenario would be possible.
Chairperson Kennedy opened the public testimony portion of the hearing.
No members of the public requested to speak during the public testimony.
Chairperson Kennedy closed the public testimony portion of the hearing.
No additional comments or questions from Planning Commission.
VICE CHAIRPERSON RICE MOVED THAT THE
PLANNING COMMISSION OF THE CITY OF SIMI
VALLEY RECOMMEND THAT THE CITY COUNCIL
ADOPT AN ORDINANCE TO UPDATE
REGULATIONS IN THE SIMI VALLEY MUNICIPAL
CODE GOVERNING ACCESSORY DWELLING
UNITS; AND A DETERMINATION THAT THE
PROJECT IS EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
Commissioner Christmann seconded the motion.
AYES: Commissioners Mann, Christmann, and
Tolson; Vice Chairperson Rice; and
Chairperson Kennedy
NAYS: None
ABSTAIN: None
ABSENT: None
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24 Planning Commission Meeting
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2. Z-S-2026-0002: To consider recommending that the City Council amend the Simi Valley Municipal Code to update the City’s Density Bonus and Incentives Provisions; and a determination that the amendments are exempt from the California Environmental Quality Act.
Staff Contact: Eric Chen
(805) 583-6773
There w
ere no ex parte communications to report.
Deputy Environmental Services Director/City Planner Gibson gave a brief overview of the project.
Senior Planner Eric Chen gave a presentation of the staff report.
Chairperson Kennedy inquired about any changes to parking regulations concerning the incentives for density bonuses. Senior Planner Chen clarified that the required parking is based on unit size and that there have been no changes to the parking requirements associated with density bonuses.
Vice Chairperson Rice asked about the potential consequences if the City were to reject the proposal. Senior Planner Chen explained that such a decision would result in the City falling out of compliance with the housing element for the state.
Senior Assistant City Attorney Gutierrez added that failing to update the density ordinance could expose the City to legal challenges from builders who might contest the City’s interpretation of the existing ordinance. Senior Assistant City Attorney Gutierrez noted that we have been operating under state law regardless of what our current ordinance list and that we would have the ability to refrain from adopting the updated regulations in the municipal code. Vice Chairperson Rice further questioned whether adopting the ordinance could incur costs for the City.
Senior Assistant City Attorney Gutierrez confirmed that rejecting the ordinance could lead to financial repercussions, with a significant likelihood of monetary loss.
Chairperson Kennedy wanted to confirm the City’s compliance with state regulations, noting that we are simply updating the language in our municipal code.
Senior Assistant City Attorney Gutierrez confirmed that the City is currently in compliance and that we are currently updating the language in our municipal code.
Commissioner Christmann inquired about the concept of stacked density bonuses, and how this could impact the City’s height regulations while ensuring sufficient low-income housing. Senior Planner Chen presented an example using the Lighthouse Bible Church Project, an 80-unit mixed-use income apartment complex that received approval last year. The developer sought a two-tier stacked density bonus and successfully obtained 100% of this bonus while providing 10 low- income units and 6 moderate-income units. Senior Planner Chen also showed a calculation example for this project.
Commissioner Mann wanted to confirm the details listed in the example of density 009
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bonus stacking for the Lighthouse Bible Church project, specifically the method on how the builder obtained the stacking density bonuses. Senior Planner Chen clarified that the builder requested double density bonuses and elaborated on how the builder was successful in their strategy to obtain double density bonuses.
Commissioner Mann inquired about the planned parking for the project and whether there had been any updates regarding parking allocations from the state.
Deputy Environmental Services Director/City Planner Gibson explained that, regardless of the number of density bonus or affordable units, the state parking reduction would still apply. He also pointed out that stacking density bonuses relates to the ability to receive multiple bonuses, rather than height of the structure.
Commissioner Christmann wanted to verify that stacking could mean height for different projects. Deputy Environmental Services Director/City Planner Gibson replied that stacking can mean height for different projects; and in this case, they are reviewing incentive stacking bonuses that the builder can receive; and not a height increase, which is an incentive.
Chairperson Kennedy opened the public testimony portion of the hearing.
Resident Jill Abele asked if we have flexibility in creating more parking per units.
Senior Planner Chen responded to Resident Abele’s question by clarifying that the City has the option to offer additional bonus incentives outlined in the housing element, above the requirements set by state law. Typically, it is builders who seek to reduce parking requirements rather than increasing them. The City Council has the authority to inform builders that no further reductions in parking will be granted.
Deputy Environmental Services Director/City Planner Gibson added that the state is encouraging the City to propose various housing incentives for builders to consider for additional bonuses. However, builders already have the option to select waivers or concessions from the City’s objective developments that are existing in our code, including those related to parking. The four proposed items offered for discussion during this meeting serve as a guide that has already been approved by the California Department of Housing and Community Development (HCD) that could assist builders in facilitating the City’s efforts to enhance housing affordability and availability while adhering to state regulations.
Chairperson Kennedy closed the public testimony portion of the hearing.
Commission comments:
Commissioners Mann raised concerns that the state already has incredibly low parking requirements for new developments, questioning whether the state is suggesting that the City could reduce these requirements even further. Senior Planner Chen confirmed that is correct.
Commissioner Christmann is concerned that the City is required to allow the items listed for approval and she doesn’t see how these items will help the City with affordability and growth within the community.
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Vice Chair Rice mentioned that if all proposed housing developments were close in proximity and the City had extra land available, we could put in a public parking lot to help alleviate the parking challenges.
COMMISSIONER CHRISTMANN MOVED THAT THE
PLANNING COMMISSION OF THE CITY OF SIMI
VALLEY RECOMMEND THAT THE CITY COUNCIL
ADOPT AN ORDINANCE (Z-S-2026-0002) TO
UPDATE REGULATIONS IN THE SIMI VALLEY
MUNICIPAL CODE GOVERNING DENSITY BONUS
AND INCENTIVES PROVISIONS, AND A
DETERMINATION THAT THESE AMENDMENTS
ARE EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
Commissioner Mann seconded the motion.
AYES: Commissioners Mann, Christmann, and
Tolson; Vice Chairperson Rice; and
Chairperson Kennedy
NAYS: None
ABSTAIN: None
ABSENT: None
B. OTHER – None
12. ORAL COMMUNICATIONS AND REPORTS
A. STAFF – None
B. PLANNING COMMISSION
Commissioner Christmann and Commissioner Mann discussed attending the League of the California Cities 2026 Planning Commissioners’ Academy Conference in Anaheim during March.
C. MOBILE HOME RENT MEDIATION BOARD – None
D. TREE ADVISORY BOARD
011
27 Planning Commission Meeting
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There was an inquiry from City Council to see if a memorial plaque can be placed on a specific pristine oak tree within the City. Staff are looking into the request.
13. ADJOURNMENT
The regular meeting of the Planning Commission of the City of Simi Valley was adjourned at 7:27 p.m. The next scheduled Planning Commission meeting is on April 22, 2026.
Minutes prepared by:
Krystal Ryan
012
28 CITY OF SIMI VALLEY
MEMORANDUM
Apri
l 8, 2026
TO: Pla
nning Commission
FRO
M: Sean Gibson, Deputy Environmental Services Director/City Planner SUBJE
CT: A PUBLIC HEARING TO CONSIDER RECOMMENDING THAT THE CITY COUNCIL AMEND THE SIMI VALLEY MUNICIPAL CODE (Z-S- 2026- 0001) TO UPDATE REGULATIONS FOR ACCESSORY DWELLING
UNITS; AND A DETERMINATION THAT THESE AMENDMENTS ARE
EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
RECOM
MENDATION
It i
s recommended that the Planning Commission adopt a resolution recommending that the City Council adopt the City -initiated Simi Valley Municipal Code (SVMC) Amendments, Z -S-2026-0001, to update regulations for Accessory Dwelling Units to ensure consistency with California law governing Accessory Dwelling Units (ADUs); and a determination that these amendments are exempt from the California Environmental Quality Act.
BACKGROUND A
ND OVERVIEW
The Cit
y periodically amends sections of the SVMC to comply with new California laws.
For ADUs, the most recent changes to California law was SB 477, effective March 25, 2024. These changes necessitate updates to the SVMC.
On Oc
tober 25, 2025, the State Department of Housing and Community Development (HCD) notified the City that the City’s current ADU regulations do not comply with recent changes to California Law (refer to Exhibit 1). If adopted, the proposed amendments will bring the SVMC into compliance with California law. After adoption, an updated ordinance must be provided to HCD for review and comment within 60 days.
ANALYS
IS
Propos
ed amendments to the ADU regulatory framework are included as Exhibit A to the Resolution. If adopted by the City Council, the amendments would primarily make changes to § 9-44.160.
SVMC §
9-44.160 – Accessory Dwelling Units (Ministerial)
A su
mmary of the significant changes is as follows:
• Adds a n ew subsection, B. Government Code § 66323 Units; California L aw Controls. This sub section addresses “state-exempt” units. These ADUs must be approved with development standards limited to those allowed by the State. These
AGENDA ITEM
NO. 11.A.1
013
29 include new construction detached ADUs up to 800 square feet, Junior Accessory Dwellings (JADUs) and ADUs created by the conversion of existing permitted space or detached buildings. Development standards are limited to front, side, and rear setbacks of four feet and 18-foot height restrictions for new construction ADUs.
• Adds a n ew subsection , C. Classes of Accessory Dwelling Units . This section defines the different classes of ADUs that can be created pursuant to Government Code § 66310-66342. This section was added to clearly explain the standards distinguishing each ADU/JADU type from one another.
• Adds a new subsection, D. Number and Combination of Accessory Dwelling Units which allows a combination of ADUs and JADUs in compliance with Government Code § 66323. California law requires the City to allow a combination of up to three State-exempt ADUs on a residential lot.
• Adds a n ew subsection, E. Development Standards updating development standards for the State exempt and non-State exempt ADUs:
o Table 4-4: “State Exempt” ADU’s and JADU’s Development Standards clarifies the basic standards applicable to these ADUs as allowed by State Law.
o Table 4-4.5: “Non- State Exempt” ADU Development Standards was added to separate existing development standards for ADUs not subject to Government Code § 66323. These ADUs are generally attached, new construction ADUs and detached ADUs larger than 800 square feet. The existing standards include window and door placement to avoid impacts to neighbors, requiring that colors and materials matching the primary home, off-street parking requirements, and 20-foot front yard setbacks.
SVMC §
9-24.030 – Residential and Open Space Districts Amendments The ame
ndments to SVMC §9-24.030 will update the allowed land uses in Table 2-2 to remove Junior Accessory Dwelling Units as a permitted use from the Residential High Density (RH) and Residential Very High Density (RVH) zones to comply with Government Code § 66333.
The propos
ed SVMC amendments comply with the findings for a Zone Text Amendment pursuant to SVMC § 9-73.070 as outlined in the attached Resolution.
ENVIRO
NMENTAL ANALYSIS
The propos
ed amendments are exempt from review under the California Environmental Quality Act (CEQA ) pursuant to Public Resources Code § 21080.17. This section provides a statutory exemption for “the adoption of an ordinance regarding second units (ADUs) 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”. The Notice of Exemption is attached (Attachment A).
014
30 INDEX Page
Planning C
ommission Public Hearing Procedure ...................................................... 4 Resolution No. SVPC 04-2026 .................................................................................. 6 Exhibit A: Proposed SVMC Text Amendments (Z-S-2026-0001) ..................... 10 Attachment A: Notice of Exemption ......................................................................... 18 Exhibit
1: HCD Letter to the City of Simi Valley dated October 30, 2025 015
31 Proposed Simi Valley Municipal Code (SVMC) Title 9 Amendments The following sections of the SVMC are amended in their entirety. 9-44.160 Accessory Dwelling Units
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 or Multi-Family Development.
2. Authority. This section is adopted in compliance with Government Code § 66310- 66342, as amended.
3. A ministerial Zoning Clearance may be required by this code.
4. Consistent with Government Code § 66314(a), as may be amended, the City may apply objective standards relating to infrastructure capacity, traffic flow, and public safety, provided such standards do not conflict with Government Code §§ 66310– 66342, as may be amended, and are not applied so as to unreasonably restrict the creation of ADUs otherwise authorized by California law.
5. The City must approve or deny an application to create or serve an ADU or JADU ministerially, without discretionary review or a hearing, within 60 days from the date it receives a completed application if there is an existing single-family or multifamily dwelling on the lot, as required by Government Code §§ 66317 and 66320, as may be amended.
6. Where an ADU or JADU is proposed with the construction of a new single- family dwelling and/or Multifamily Dwelling Residential use, that proposed single-family dwelling or Multifamily Dwelling Residential must be approved for occupancy before an ADU or JADU may be approved for occupancy.
7. Renting ADUs or JADUs must comply with applicable law. At the time this section became effective, the time period for rental must be 30 days or longer.
8. ADUs proposed on lots subject to the Hillside Performance Standards are limited to those ADUs permitted pursuant to Government Code § 66323, or as amended.
Any access driveways or other site improvements associated with such ADUs must comply with the standards set forth in Chapter 9-32.
9. For Government Code § 66322 ADUs or JADUs, the Director may not deny a permit due to nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the ADU or JADU.
B. Classes of Accessory Dwelling Units
1. Class 1-s: Junior Accessory Dwelling Unit (JADU).
a. A JADU is a dwelling unit contained entirely within an existing or proposed single-family dwelling, consistent with Government Code § 66333, and limited to a maximum of 500 square feet.
2. Class 2-s & Class 2: Detached Accessory Dwelling Unit (Detached ADU). 016
32 a. A detached ADU is a newly constructed dwelling unit that is a separate, freestanding structure from the primary dwelling.
i. Up to 800 square feet , consistent with Government Code § 66323 (Class 2-s); or
ii. Otherwise allowed up to 1,000 square feet on lots up to 8,000 square feet (Class 2); or
iii. Up to 1,200 square feet on lots over 8,000 square feet (Class 2)
3. Class 3: Attached Accessory Dwelling Unit (Attached ADU). a. An Attached ADU is a newly constructed dwelling unit that is attached to the primary dwelling and shares a minimum of 10 feet of wall area with the primary dwelling.
b. 850 square feet or 50% of the square footage of the primary dwelling up to a maximum of 1,000 square feet, whichever is larger.
c. Garages, patios, and other attached accessory structures do not count towards existing square footage of single-family residence.
4. Class 4-sp & Class 4-sa: Converted Accessory Dwelling Unit (Conversion ADU). a. A Conversion ADU is a dwelling unit created entirely within the existing or proposed floor area of:
i. A primary dwelling (Class 4-sp); or
ii. An existing accessory structure (Class 4-sa).
b. Conversion ADUs may include up to 150 square feet of additional floor area solely to accommodate ingress and egress, subject to minimum required ADU setbacks.
5. Class 5-s: Multifamily Conversion ADU.
a. A Multifamily Conversion ADU is a dwelling unit created within portions of an existing multifamily structure that are not used as livable space, including but not limited to storage rooms, boiler rooms, basements, attics, passageways, or garages, limited to 800 square feet per unit, and having a separate entrance with no internal connection to other units.
6. Class 6-s: Multifamily Detached ADU.
a. A Multifamily Detached ADU is a new, freestanding dwelling unit located on a lot developed with an existing or proposed multifamily dwelling. b. Maximum size limited to 800 square feet.
c. Subject to 4-foot setbacks from all property lines
C. Number and Combination of Accessory Dwelling Units.
Multiple ADUs may be combined pursuant to Government Code § 66323 or as amended. The Director must allow all combinations of ADU types authorized by Government Code § 66323(a), as may be amended.
017
33 D. Development Standards
Tables 4-4 and 4-4.5 detail the development standards applicable to all ADUs and JADUs. Additional requirements for ADUs and JADUs are listed in Sections E through H.
Tabl
e 4-4: “State Exempt” ADUs and JADUs Development Standards Applicability. The following standards apply only to ADUs and JADUs qualifying under Government Code § 66323(a), as may be amended. No additional local development or design standards apply to such units.
Development
Standards
Class 1-s Class 4-sp Class 2-s Class 4-sa
Rear & side yard
setbacks
N/A 4 feet N/A
Height limits N/A Limited to
one story
and 18 feet
in height***
N/A
Maximum size Refer to Section B
Minimum number of
parking spaces
No additional parking required
Required cooking
facilities
Review SVMC § 9-
80.020 for the
minimum
requirements for a
kitchen
A kitchen as defined by California Building
Code
Required sanitation
facilities
May be separate
from, or shared with
the primary dwelling
Must be separate from the primary dwelling
Internal connection 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.
N/A
Required external
entrances
Requires a separate entrance
018
34 Table 4-4.5: “Non- State Exempt” ADU Development Standards (Not subject to Govt. Code § 66323)
Applicability. The following standards apply only to ADUs and JADUs not governed by Government Code § 66323, as may be amended, and will not be applied so as to preclude construction of an ADU of at least 800 square feet with four -foot side and rear yard setbacks.
Development
Standards
Class 2 Class 3
Front yard setback 20 feet
Rear & side yard
setbacks*
4 feet
Colors and Materials i) Must incorporate a
minimum of one
material and one color
from the existing or
proposed primary
dwelling.
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.
The materials and colors of exterior
walls, roof, eaves, windows, and
doors must match those of the
primary dwelling.
Window Placement 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 top of the
roof surface an ADU.
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 of the
roof surface on any story of
an ADU.
ii) No windows facing adjacent
properties will be permitted
on a second story portion of
an ADU that does not meet a
10-
foot side setback and a
20-foot rear setback.
Height Limits Limited to one story and 18
feet in height***
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
019
35 the underlying zoning, whichever is
lower**
Maximum size See Section B
Minimum number of
parking spaces
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 t
he ADU is within the footprint of the proposed or
existing primary 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 Chapter 9-34;
e) When on-street parking permits are required but not offered to the occupant of the ADU;
f) When there is a car share vehicle located within one block of the ADU;
g) When the ADU is located in an architecturally or historically significant district; or
h) When the ADU is proposed in conjunction with a new
Single-family or Multifamily application.
Required cooking
facilities
A kitchen per California Building Code
Required sanitation
facilities
Must be separate from primary dwelling
Internal
connection/breeze
ways
May not be attached to the
existing single -family home
by breezeways or any similar
structure and must be
separated from any proposed
or
existing structure by a
minimum of six feet . This
separation requirement may
not be applied to preclude
construction of an ADU of at
least 800 square feet with
four-foot side and rear yard
setbacks.
No internal connection is permitted.
Must share a minimum of 10 feet of
the wall of the main single- family
home.
Required external
entrances
Each ADU requires a separate entrance . Where a street -facing entrance is the only location that satisfies minimum California Building Standards Code egress requirements given the lot configuration and existing structures, a street -facing entrance will be permitted.
* If an attached ADU is proposed with a height between 25 and 30 feet, it must maintain a minimum 10- foot side yard setback and a 20- foot setback for both front and rear yards.
020
36 ** 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 corridor, 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 provided as uncovered parking, tandem parking, or parking that meets the standards in § 9-34.040. All parking spaces must be located paved surfaces. 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 front yard landscaping requirements are not being met or if it is 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.
E. JADU (Cl
ass 1-s) 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.
2. Before the Director issues a Zoning Clearance for a JADU, a deed restriction must be recorded on the property in a form approved by the City Attorney. The deed restriction runs with the land and must include the following requirements:
a) The JADU may not be sold or otherwise conveyed separately from the primary single-family dwelling.
b) The property owner must occupy either the primary single-family dwelling or the JADU if the unit contains shared sanitation facilities with the primary structure.
F. Detached ADU (Class 2) Requirements.
1. Detached ADUs, that are not subject to Government Code § 66323 are subject to the following lot coverage and rear yard width coverage limits:
a) No accessory structures inclusive of a proposed ADU may cumulatively cover
more than 40 percent of the first 10- feet of a side yard and the required 20- foot rear yard setback area.
b) A minimum of 50 percent of the rear yard width within 20 feet of the rear yard property line must be open considering all proposed and existing structures.
G. ADUs on Multi-Family Lots (Class 5-s & Class 6-s).
1. ADUs on lots with existing or proposed multi -family dwellings must meet the requirements of this code. The development standards in Table 4-4.5 do not apply 021
37 to Government Code § 66323 ADUs. The Director will allow the combinations of ADUs specified in Government Code § 66323, including both multifamily conversion ADUs and multifamily detached ADUs on the same lot.
H. Development standards for all Detached ADUs and ADUs converted from Accessory Structures (Class 2-s, Class 2, Class 4-sa, & Class 6-s)
1. May be developed with a garage or a patio cover, wherein these specific elements are subject to the below standards and the setback requirements in SVMC § 9-
30.080.
a. The proposed garage cannot be larger than 400 square feet. b. The size of any proposed patio cover is limited to 10 percent of the square footage of the proposed ADU excluding any attached parking structure SVMC § 9-24.030, Table 2-2. Changes to this Section are described as follows.
Within Table 2-2, Junior Accessory Dwelling Unit is to change the “P” (for Permitted Use) designation under Zones RH and RVH to “—“ (for Use not allowed).
TABLE 2-2
Allowed Uses and Permit Requirements for
Residential and Open Space Zoning
Districts
P Permitted Use (2)
CUP Conditional Use Permit required
HP Home Occupation Permit required
— Use not allowed
LAND USE (1) PERMIT REQUIRED BY DISTRICT Specific
Use
Regulation
s OS RE RVL RL RM RMod RH RVH MH
RESIDENTIAL USES
Junior
Accessory
Dwelling Units
P P P P P P P— P— — 9-44.160
022
38 SVMC § 9- 44.215. Changes to this Section are strikeout and new language is underlined.
2. Kitchens and Bathrooms. Each SRO unit must include an private efficiency kitchen and bathroom, pursuant to the California Building Standards Code.
SVMC § 9 -80.
020. Changes to this Section are strikeout and new language is underlined.
9-80.020 D
efinitions of Specialized Terms and Phrases
D. Definitions, “D”
Detached Accessory Dwelling Unit. An Acc essory Dwelling, consisting of new construction, that is separated from the main single- family dwelling and any other structures by a minimum of six feet when above 800 square 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.
K. Definit
ions, “K”
Kitchen. A kitchen for a Junior Accessory Dwelling Unit or Single Room Occupancy unit must, at minimum, provide a cooking area with a cooking appliance, refrigerator facilities, a food preparation counter that is at least 48" by 24" with a sink, and a storage cabi net that is at least 24" wide by 36" in length and 35" in height, each having a clear working space of not less than 30" in front.
E. Definit
ions, “E”
Effici
ency Kitchen. Cooking facilities A kitchen for a Junior Accessory Dwelling Unit or Single Room Occupancy unit must, at minimum, provide a cooking area with a cooking appliance, refrigerator facilities, a food preparation counter that is at least 48" by 24" with a sink, and a storage cabinet that is at least 24" wide by 36" in length and 35" in height, each having a clear working space of not less than 30" in front. 023
39 STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF HOUSING POLICY DEVELOPMENT
651 Bannon Street, Suite 400
Sacramento, CA 95811
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
October 30, 2025
Strati
s Perros, Environmental Services Director
Department of Environmental Services
City of Simi Valley
2929 Tapo Canyon Road
Simi Valley, CA 93063
Dear Stratis Perros:
RE: Review of Simi Valley’s Accessory Dwelling Unit (ADU) Ordinance under State ADU Law (Gov. Code, §§ 66310 - 66342)
Thank you for submitting the City of Simi Valley (City) ADU Ordinan ce No. 1349 (Ordinance), adopted June 5, 2023, to the California Department of Housing and Community Development (HCD). The Ordinance was received on June 5, 2023. HCD has reviewed the Ordinance and submits these written findings pursuant to Government Code section 66326, subdivision (a). HCD finds that the Ordinance fails to comply with State ADU Laws in the manner noted below. Pursuant to Government Code section 66326, subdivision (b)(1), the City has up to 30 days to respond to these findings.
Accordingly, the City must provide a written response to these findings no later than November 2
9, 2
025.
The Ordinance addresses many statutory requir ements; however, HCD finds that the Ordinance does not comply with State ADU Law as follows:
1. Statutory Numbering –The Or dinance contains several references to code sections that were deleted by SB 477, effective March 25, 2024. These include Government Code sections 65852.2, 65852.22 and 65852.26. The contents of these sections were relocated to Government Code, Title 7, Division 1, Chapter 13 (sections 66310-66342, see Enclosure). The City must amend the Ordinance to refer to the correct Government Code sections.
2. Section 9-44.
160 A.1. – Residential Use – The Ordinance states, “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” (emphasis added). State ADU Law states that an ADU ordinance shall require that “The lot is zoned to allow single-family or multifamily dwelling residential use and includes a proposed or existing 024
40 Stratis Perros, Environmental Services Director
dwelling”1 (emphasis added). The ordinance does not acknowledge that ADUs shall be allowed with a proposed or existing multifamily dwelling. The City must amend the ordinance to clearly provide that ADUs shall be allowed with any multifamily dwelling, not just two-unit residential developments.
3. Section 9-44.160 A. 6. – Approve or Deny Applications – The Ordinance states, “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 an ADU or JADU is submitted with a permit application to create 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”. However, State ADU Law establishes that, “The permitting agency shall either approve or deny the application to create or serve an accessory dwelling unit or a junior accessory dwelling unit within 60 days from the date the permitting agency receives a completed application if there is an existing single-family or multifamily dwelling on the lot”
2. The language ‘act’ or ‘acting on’ an application does not reflect current State ADU Law. The City is required to issue an approval, or a denial with a full set of comments on how to remedy the application. Therefore, the City must amend the Ordinance to clarify that an ADU application shall be approved or denied within the timeframes listed in State ADU Law.
4. Section 9-44.160 A. 7. – ADUs on Multifamily Lots – The Ordinance states, “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.” State ADU Law states the ADU ordinance shall require ADUs to be located on lots “zoned to allow single-family or multifamily dwelling residential use and includes a proposed or existing dwelling.”
3 By only referencing two-unit residential
developments, the Ordinance omits that ADUs may be proposed with the construction of a multifamily dwelling. The City must amend the Ordinance to declare that an ADU may be proposed with the construction of a single-family dwelling or a multifamily dwelling.
5. Section 9-44.160 A. 9. – Living Areas – The Ordinance defines ‘Living area’ as “…the interior habitable area of a dwelling unit, including enclosed patios, garages, basements and attics, but does not include any accessory structure.” Government Code section 66313 subdivision (f) states that “Living area means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.” Garages are not living 1 Gov. Code, § 66314, subd. (d)(2).
2 Gov. Code, § 66317, subd. (a).
3 Gov. Code, § 66314, subd. (d)(2).
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41 Stratis Perros, Environmental Services Director
areas per State ADU Law. The City must amend the ordinance so that garages will not be classified as living areas.
6. Section 9-44.160 B. – 66323 Multifamily ADUs – In table 4-4, the Ordinance states that on a lot with an existing or proposed multifamily dwelling the City will allow a number of attached ADUs of at least one and up to 25 percent of the existing multifamily units, or two detached ADUs. 1) Government Code section 66323 subdivision (a)(3) states a local agency shall allow a number of ADUs of at least one and up to 25 percent of the existing multifamily units to be converted from “the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages” (emphasis added). 2) Government Code section 66323, subdivision (a)(4) states the City shall permit, on a lot with an existing multifamily dwelling, up to eight detached ADUs, not to exceed the number of existing units on the lot, or two detached ADUs on a lot with a proposed multifamily dwelling. 3) State ADU Law allows a property owner to develop multifamily conversion ADUs as described in Government Code section 66323, subdivision (a)(3) and multifamily detached ADUs as described in Government Code section 66323, subdivision (a)(4). 4 The Ordi
nance does not align with Government Code section 66323, subdivisions (a)(3) and (a)(4) for the following reasons: 1) it does not specify that if seeking to benefit from the streamlined requirements of Government Code section 66323, conversion ADUs shall be created by converting non- livable space; 2) it restricts the allowable number of multifamily detached ADUs below what is allowed in State ADU Law; 3) it does not allow a property owner to develop the combination of conversion ADUs within the existing multifamily dwelling structure and detached ADUs.
The Cit
y must update the Ordinance as follows: 1) clarify that on a lot with an existing multifamily dwelling, State ADU Law allows ADUs to be created within the existing multifamily dwelling structure by converting portions that are not used as livable space; 2) allow for the creation of the correct number of detached ADUs on lots with existing or proposed multifamily dwelling as described in Government Code section 66323, subdivision (a)(4); 3) explicitly provide for the creation of both conversion ADUs and detached ADUs on the same multifamily lot.
7. Section 9-44.160 C. – Development Standards by ADU Type – In Table 4-5, the Ordinance details the development standards applicable to all ADUs and JADUs. State ADU Law allows certain objective standards to be applied to ADUs built per Government Code section 66314. However, a local agency shall not impose objective development or design standards that are not authorized by Government Code section 66323 upon ADUs that meet the requirements of 4 Gov. Code, § 66323, subd. (a).
026
42 Stratis Perros, Environmental Services Director
Governmen
t Code section 66323, subdivision (a) (“66323 units”).5 Therefore, the City must amend the Ordinance so that Table 4-5 makes a clear distinction between the development standards that apply to ADUs that fall under Government Code section 66314, and the streamlined development standards that apply to 66323 units.
8. Section 9-44.160 C. – Parking Requirement Exemptions – In Table 4-5, the Ordinance describes exceptions where the requirement for one parking space per ADU does not apply. The list of exceptions is incomplete. Per State ADU Law, the local agency shall not impose any parking standards for an ADU that is located within an architecturally and historically significant historic district.6 State ADU Law also states that parking shall not be required for an ADU project application that is submitted with a permit application to create a new single- family dwelling or a new multifamily dwelling on the same lot, provided that the ADU or the parcel satisfies any other criteria listed in this subdivision. 7 The City
must amend the Ordinance to include these provisions.
9. Section 9-44.160 C. and Section 9-44.160 F. – Detached ADU Separation – The Ordinance states that a detached ADU must be separated from any proposed or existing structure by a minimum of six feet. Government Code section 66323 does not require a minimum of six feet between a detached ADU and a proposed or existing structure. No additional separation beyond what is required for fire and safety shall be required for detached ADUs developed pursuant to Government Code section 66323.
8 In addition, Government Code section
66321, subdivision (b)(3) states that a local agency shall not establish by ordinance “…any requirement for a zoning clearance or separate zoning review or any other minimum or maximum size for an accessory dwelling unit, size based upon a percentage of the proposed or existing primary dwelling, or limits on lot coverage, floor area ratio, open space, front setbacks, and minimum lot size, for either attached or detached dwellings that does not permit at least an 800 square foot accessory dwelling unit with four-foot side and rear yard setbacks.” The City must amend the Ordinance to clarify that this provision shall only apply to ADUs developed pursuant to Government Code section 66314 and shall not be enforced if it precludes the development of an ADU of at least 800 square feet with side and rear yard setbacks of four feet.
10. Section 9-44.160 C. and Section 9-44.160 G.1. – External Entrances – The Ordinance states in Tables 4-5 and 4-7 that an ADU’s required separate entrance shall not ‘face the street’ unless ‘precluded by an existing permitted structure’ or ‘if possible’. However, units described in Government Code section 66323 are not subject to any objective development or design standard that is 5 Gov. Code, § 66323, subd. (b).
6 Gov. Code, § 66322, subd. (a)(2).
7 Gov. Code, § 66322, subd. (a)(6).
8 Gov. Code, § 66323, subd. (b).
027
43 Stratis Perros, Environmental Services Director
not authorized
under this section.9 Prescribing where the door should face is an additional standard. Additionally, the standards included in an ADU ordinance adopted pursuant to Government Code section 66314 must be objective.10 The exception language, unless ‘precluded by an existing permitted structure’ or ‘if possible’ is subjective. The City must remove this requirement from the Ordinance or amend the Ordinance to make exceptions to external entrance requirement objective. The City must also amend the Ordinance to clarify that this provision shall only apply to ADUs developed pursuant to Government Code section 66314.
11. Section 9-44.160 E.1. – Attached ADUs – The Ordinance states that “…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” (emphasis added). State ADU Law states that an ADU shall be “…either attached to, or located within, the proposed or existing primary dwelling, including attached garages, storage areas or similar uses, or an accessory structure or detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling, including detached garages”
11. State ADU Law allows attached ADUs to be proposed with new construction or existing multifamily dwellings. The Ordinance does not provide for attached ADUs to be proposed with new construction or existing multifamily dwellings. The City must amend the Ordinance to clarify that attached new construction ADUs shall be permitted on lots that include proposed or existing single family or multifamily dwellings.
12. Section 9-44.1 60 E.2. – Conversion ADUs – The Ordinance states, “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.” However, State ADU Law allows for conversion ADUs may to be created within the space of a proposed single-family dwelling, an existing accessory structure, or the non- livable space of an existing multifamily dwelling.12 In addition, State ADU Law establishes that, “…a local agency shall allow at least one ADU within an existing multifamily dwelling and shall allow up to 25 percent of the existing multifamily dwelling units.”
13 The Ordinance only provides a pathway for
conversion ADUs to be created within the space of existing single family dwellings. Therefore, the City must amend this section of the Ordinance to fully and accurately reflect what is allowed by State ADU Law. 9 Gov. Code, § 66323, subd. (b).
10 Gov. Code, § 66314, subd. (b).
11 Gov. Code, § 66314, subd. (d)(3).
12 Gov. Code, § 66323, subds. (a)(1)(A), (a)(3)(A).
13 Gov. Code, § 66323, subd. (a)(3)(B).
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44 Stratis Perros, Environmental Services Director
13. Section 9-44.160 E. 3. – External Stairs – The Ordinance states, “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.” This referenced municipal code section would require “outside stairs” providing ingress and egress to a second story to have a rear setback of 18 feet, side setbacks of 8 feet, and 20 feet front setbacks. When required by the California Building Code for egress and ingress, external stairs are considered part of the ADU for measuring an ADU’s setback.
As a result, this provision creates a setback requirement for ADUs that exceed what is allowed by State ADU Law. State ADU Law establishes that no setback shall be required for an ADU that is created by converting an existing structure or livable space, or is constructed in the same location and to the same dimensions as an existing structure, as specified.
14 Four foot side and rear
setbacks are established for all other ADU types.15 66323 Units do not have to comply with front setbacks.16 The City must amend the Ordinance to ensure that any requirements for external stairs attached to ADUs, beyond those necessary for fire and safety, are consistent with State ADU Law.
14. Section 9-44.1 60 F.4. – Detached ADU Maximum Size – The Ordinance establishes the maximum size of a detached ADU. It also restricts detached ADUs on lots with existing or proposed multi-family dwelling to 800 square feet.
In State ADU Law, detached ADUs on multifamily lots that comply with Government Code section 66323, subdivision (a)(4) do not have maximum sizes.
17 The City must amend the Ordinance to include this exception.
15. Section 9-44.1 60 F.5. – Conversion of Accessory Structures – The Ordinance states, “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.” However, Government Code section 66322, subdivision (b) states, “The local agency shall not deny an application for a permit to create an accessory dwelling unit due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the accessory dwelling unit.” All ADUs, including those converted from existing unpermitted structures, must comply with the California Building Standards Code. The City must amend the Ordinance to clarify that unpermitted structures can be legally converted into ADUs unless the structure is both a threat to public health and safety and would be affected by the construction of the ADU.
14 Gov. Code, §§ 66314, subd. (d)(7); 66323, subds. (a)(1), (a)(3). 15 Gov. Code, §§ 66314, subd. (d)(7); 66323, subds. (a)(2), (a)(4). 16 Gov. Code, § 66323, subd. (b).
17 Gov. Code, § 66314, subd. (b).
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45 Stratis Perros, Environmental Services Director
16. Section 9-44.160 F.6. – D etached ADU Requirements – The Ordinance states that, “A detached ADU may only be attached to a garage or a patio cover subject to the setback requirements in SVMC 9-30.080,” which includes 20-foot front setbacks for ADUs. However, State ADU Law states a local agency shall not impose any objective development or design standards that are not authorized by Government Code section 66323 upon 66323 Units. In addition, State ADU Law establishes that “Any requirement for a zoning clearance or separate zoning review or any other minimum or maximum size for an accessory dwelling unit, size based upon a percentage of the proposed or existing primary dwelling, or limits on lot coverage, floor area ratio, open space, front setbacks, and minimum lot size, for either attached or detached” ADUs shall not prevent at least an 800 square foot ADU “with four-foot side and rear yard setbacks to be constructed in compliance with all other local development standards.”
18 The City’s requirements are in conflict with State ADU Law. The City must amend the Ordinance to clarify that the Detached ADU Requirements specified by Section 9-44.160.F.6 shall not apply to ADUs that meet the requirements of Government Code section 66323, subdivision (a), nor shall it preclude an 800 square foot ADU “with four-foot side and rear yard setbacks to be constructed in compliance with all other local development standards.
Nothing in State ADU Law preempts a local agency from imposing setbacks listed in SVMC 9-30.080 on architectural features and accessory structures that are not ADUs.
17. Table 4-6 –
Second ADUs – The Ordinance adopts development standards for second new construction detached ADUs of any size that are associated with an SB9 unit or multifamily dwelling. The standards include 20-foot front yard setbacks, and specific lot coverage/rear yard width coverage limits. However, Government Code section 66323 subdivision (a)(4) includes provisions for multiple detached ADUs associated with multifamily dwellings. State ADU Law states a local agency shall not impose any objective development or design standards that are not authorized by Government Code section 66323 upon 66323 Units. The Ordinance contains requirements of multifamily ADUs that conflict with State ADU Law. Therefore, the City must amend the Ordinance to clarify that detached multifamily ADUs built to comply with Government Code section 66323, subdivision (a)(4) are not subject to the front setback and lot coverage requirements listed in Table 4-6.
18. PART 2:
SVMC 9-80.020 – D efining Detached ADUs – The Ordinance defines a Detached ADU as, “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”. However, State ADU Law defines detached ADUs as newly constructed dwelling units that are created on a lot with an existing or proposed 18 Gov. Code, § 66321, subd. (b)(3).
030
46 Stratis Perros, Environmental Services Director
single-fam
ily or multifamily dwelling structure but are detached from the primary dwelling.19 Additionally, no additional separation beyond what is required to satisfy the fire separation requirements in State ADU Law shall be required for detached ADUs developed pursuant to Government Code section 66323.20 Therefore, the City must amend the Ordinance so that the definition of detached ADU in the Ordinance is aligned with State ADU Law.
19. Correct References – Table 4 -5: ADU’s and JADU’s Development Standards, under Maximum size, incorrectly points to Section D when it should point to Section E, and incorrectly points to Section E when it should point to Section F.
Similarly, the numbering of Section F was not properly renumbered after Section F.2 was removed.
The City has tw
o options in response to this letter.21 The City can either amend the Ordinance to comply with State ADU Law22 or adopt the Ordinance without changes and include findings in its resolution accompanying the Ordinance that explain the reasons the City believes that the Ordinance complies with State ADU Law despite HCD’s findings.23 If the City fails to take either course of action and bring the Ordinance into compliance with State ADU Law, HCD must notify the City and may notify the California Office of the Attorney General that the City is in violation of State ADU Law. 24 HCD appr
eciates the City’s efforts in the preparation and adoption of the Ordinance and welcomes the opportunity to assist the City in fully complying with State ADU Law. Please feel free to contact Auzzie Sheard IV at [email protected] if you have any questions.
Sincer
ely,
Jamie Candelar
ia
Section Chief, ADU Policy
Housing Policy Development Division
19 Gov. Code, §§ 66314, subds. (a), (d)(3); 66323, subd. (a). 20 Gov. Code, § 66323, subds. (b).
21 Gov. Code, § 66326, subd. (b)(2).
22 Gov. Code, § 66326, subd. (b)(2)(A).
23 Gov. Code, § 66326, subd. (b)(2)(B).
24 Gov. Code, § 66326, subd. (c)(1).
031
47 November 20, 2025
Department of Housing and Community Development
Division of Housing Policy Development
Attn: Jamie Candelaria, Section Chief, ADU Policy
Housing Policy Development Division
651 Bannon Street, Suite 400
Sacramento, CA 95811
Subject: REVIEW OF SIMI VALLEY’S ACCESSORY DWELLING UNIT (ADU) ORDINANCE UNDER STATE ADU LAW (GOV. CODE §§ 66310-66342)
Dear Jamie Candelaria,
This letter is in response to your October 30, 2025 letter regarding the City of Simi Valley (“City”) Accessory Dwelling Unit (“ ADU”) and junior ADU (“JADU”) Ordinance No. 1349 on behalf of the California Department of Housing and Community Development (“HCD”).
The City acknowledges your receipt of the City’s Ordinance on June 5, 2023 and appreciates HCD’s detailed review.
Since the City’s adoption of Ordinance No. 1349 in 2023, there have been numerous updates to state ADU and JADU
1 statutes—reflecting a significant volume of ADU-related legislation enacted over the past several years, including the comprehensive recodification under Government Code §§ 66310–66342 (effective March 25, 2024) and subsequent amendments. As a result, several provisions of the City’s municipal code require updating to ensure full consistency with current law.
The City intends to present updates to its ADU ordinance on or before May 30, 2026 through its legislative adoption process. The City will promptly transmit approved updates to HCD shortly thereafter for review, pursuant to Government Code § 66326.
Please be advised the City continues to apply state ADU law directly in its permit review procedures to ensure applications are processed consistent with governing statutes. Staff also refers prospective applicants to the HCD ADU Handbook as an informational resources, but recognizes that statutory requirements control where discrepancies may arise. Since inception of the ministerial ADU process, Simi Valley has permitted approximately 425 ADUs and remains committed to facilitating ADU construction as an important component of the City’s Housing Element and RHNA implementation.
1 ADUs and JADUs are hereafter be referred to collectively as “ADUs.” 032
48 If you have any questions, please reach out to Deputy Environmental Services Director/City Planner, Sean Gibson, at (805) 583-6383/ [email protected]; or myself at (805) 583-6 307/[email protected].
Sincerely,
Stratis Perros
Director of Environmental Services
CC: City M anager
C
ity Attorney
Deputy Environmental Services Director/City Planner
Deputy Environmental Services Director/Building Official Principal Planner
033
49