Simi Valley City Council
October 12, 2026

City of Simi Valley
Staff Report
October 12, 2026
To: City Council
From: Department of Environmental Services
Stratis Perros, Environmental Services Director
Subject: Request for direction on possible amendments to the Simi Valley Municipal Code to allow Tiny Homes on Wheels as permanent dwelling units on residential properties
Staff Recommendation
It is recommended that the City Council provide direction on whether to pursue Simi Valley Municipal Code Amendments to permit occupancy of Tiny Homes on Wheels (THOWs) on residential properties.

Background
On July 21, 2025, the City Council directed Staff to explore the feasibility of allowing THOWs as permanent residential dwelling units. Staff is providing this report and requesting direction on whether to initiate Simi Valley Municipal Code Amendments to establish specific standards for THOWs.

Discussion
THOWs is an industry term, not a distinct statutory housing type. Units marketed as THOWs are recreational vehicles (RVs). There are two categories of RVs: motor homes, travel trailers, truck campers, and camping trailers as defined in HSC § 18010(a), and park trailers as defined in HSC § 18009.3 (refer to Table 1). Park trailers are a type of RV designed to be set up at a semi-permanent site, like an RV park, campground, or lake community, rather than towed frequently like a typical travel trailer. THOWs are often built and certified to park trailer standards.

Table 1: Recreational Vehicle Criteria
Criteria Motor Home, Travel Trailer,
etc. HSC §18010
Park Trailer (Park Model) —
HSC §18009.3
Internal living area Less than 320 sq ft (excludes
built-ins)
Not specified separately
Gross floor/area* 400 sq ft or less (max
horizontal projection)
400 sq ft or less
Max width Not specified. May not exceed 14 feet.

Chassis Single chassis
Agenda Item No.
9A
Criteria Motor Home, Travel Trailer,
etc. HSC §18010
Park Trailer (Park Model) —
HSC §18009.3
Highway travel Permanently towable without a
permit.

May only be transported with
a permit (Veh. Code §35780).

Typical use pattern Regularly used on the
highway.

Wide-load designation;
transport limited to between
manufacturer, dealer, and
mobile home park.

Registration DMV registration required
Compliance standards Can be certified to National Fire Protection Association (NFPA) 1192 / American National Standards Institute (ANSI) A119.5.

Occupancy Designed for human habitation
for recreational, emergency, or
other occupancy.

Designed for human
habitation for
recreational/seasonal use
only.
*For park trailers only, loft space may be excluded from the total gross floor/area if the space meets HSC §18033, which outlines the specific construction, safety, and structural requirements for loft areas in recreational park trailers.

At this time, the City of Simi Valley (City) classifies THOWs as “recreational vehicles” and, under the City’s Municipal Code, does not allow THOWs for long-term or permanent habitation. The City currently allows limited RV occupancy in certain circumstances, such as during the construction of an owner’s single-family dwelling with a Temporary Use Permit, or in an RV campground/park permitted in the Commercial Planned Development (CPD) or Commercial Recreation (CR) zones with a Conditional Use Permit for overnight camping and/or the overnight parking and occupancy of RVs. In 2025 and 2026, the City received approximately 48 complaints related to RVs, 25 of which involved individuals living in them.

Some jurisdictions across California have created regulations for THOWs. In Ventura County, the City of Ojai is the only jurisdiction that has created an ordinance to allow THOWs (refer to Attachment A). Staff surveyed ten (10) jurisdictions on their THOWs regulations (see Table 2). The jurisdictions identified in Table 2 have adopted regulations allowing THOWs as Accessory Dwelling Units (ADUs), primary residences, or other forms of housing. In jurisdictions with extensive rural areas, it is common to allow various forms of trailers and mobile homes as dwellings due to the remoteness of these areas and the low-impact nature of the use in this context.
2 Table 2: THOW Regulations Across California Jurisdictions Jurisdiction THOW Use Key Requirements
City of Fresno Accessory Dwelling Unit
(ADU)* or Primary Unit
• 400 square feet maximum (max.),
required skirting.
• Permanent foundation for primary use.

Santa Cruz
County
Primary Unit • One per parcel.
• 400 square feet max.
• Requires level pad/foundation and
undercarriage skirting.

City of San
Luis Obispo
Additional Type of
Housing
• One per parcel.
• Owner-occupancy required.
• Requires home-like siding/roofing;
prohibits RV-style exterior fixtures.

City of Ojai Additional Type of
Housing
• One per parcel.
• Movable tiny house foundation
requirement.

City of Los
Angeles
ADU* • Requires residential appearance
(pitched roofs, siding, skirting).

City of San
Diego
Additional Type of
Housing
• Cannot exceed one story.
• Not allowed in the front yard.

Humboldt
County
ADU* • Requires skirting.
• Roof-mounted equipment is not
allowed.

City of Oakland ADU* or Primary Unit • Minor design review required. • 400 square feet max. including lofts.

Nevada County ADU*, Primary Unit, or
Additional Type of
Housing
• Distinguishes THOWs from traditional
RVs (which remain prohibited for
permanent housing).
• 400 sq ft max.
• Deed restriction required.

Sonoma
County
Temporary use via
Temporary Occupancy
(TEM) Permit
• Uses a temporary occupancy permit
valid for one year, renewable (not
permanent status).
• Allowed under certain circumstances
(e.g., during construction of a singlefamily dwelling). *Per recent guidance from the California Department of Housing and Community Development (HCD), THOWs constructed to recreational vehicle standards are not allowed to be classified as ADUs. Refer to the following discussion item: ADUs vs.

THOWs.

Unless otherwise noted in Table 2, jurisdictions generally require applicable DMV registration and American National Standards Institute (ANSI) and/or National Fire Protection Association (NFPA) 1192 certification for THOWs.

Manufactured (Mobile) Homes vs. THOWs
3 The U.S. Department of Housing and Urban Development (HUD) regulates the construction of manufactured (mobile) homes built in the United States. Manufactured homes are dwelling units of at least 320 square feet in size and constructed on a permanent chassis. Manufactured homes built in the U.S. after June 15, 1976, must contain a certification label (commonly referred to as a HUD Tag) on the home. The label certifies that the home was built in accordance with HUD's Manufactured Home Construction and Safety Standards (the Standards). The Standards cover body and frame requirements, thermal protection, plumbing, electrical, fire safety, and other aspects of the home. The Standards are published in the Code of Federal Regulations under 24 CFR Part 3280. THOWs are not constructed and certified under these Standards and do not have a HUD certification label.

Cost Comparison – THOWs vs. ADUs
THOWs generally cost less overall, ranging from approximately $40,000 to $150,000 or more, compared with approximately $150,000 to $450,000 or more for ADUs. The cost difference is primarily attributable to the permanent foundations, utility connections, permitting, engineering, and on-site construction typically required for ADUs. Additionally, THOWs are generally much smaller than traditional ADUs, typically 200 to 400 square feet, while ADUs are usually 400 to 800 square feet, and can be as large as 1,200 square feet.

ADUs vs. THOWs
ADUs and THOWs are two distinct housing types that have different definitions, construction standards, and regulatory requirements. Government Code Section 66313 defines an ADU as a separate residential unit located on the same lot as a proposed or existing primary residence. An ADU must include living, sleeping, eating, cooking, and bathroom areas. Construction types for ADUs can include traditional framed buildings subject to the California Building Standards Code (CBSC) or manufactured homes, as defined in Health and Safety Code (HSC) Section 18007. This standard is reflected in a letter HCD sent to the City of West Sacramento stating that, to be legally recognized as an ADU, the structure must comply with the CBSC or HSC Section 18007 (manufactured homes) (refer to Attachment B, Comment #17).

THOWs differ from ADUs in that they are designed and constructed to be movable and are regulated under recreational vehicle standards, including NFPA 1192 and/or ANSI A119.5. State law requires local agencies to allow eligible ADUs on qualifying residential lots. A local agency generally cannot deny an otherwise eligible ADU simply because another type of housing (e.g. THOW) is already located on the property. For example, the County of Santa Clara received a letter from HCD clarifying that THOWs are not ADUs and that ADUs may not be precluded by the presence of a THOW (refer to Attachment C, Comment #2).

As shown in Table 2, some jurisdictions allow THOWs to be used as ADUs. However, these local regulations are not consistent with current guidance from the HCD, which has advised jurisdictions that, to qualify as an ADU, units have to be constructed in accordance with the CBSC or manufactured housing standards (HSC section 18007). 4 Thus, THOWs constructed to recreational vehicle standards cannot be classified as ADUs.

Advantages and Disadvantages of THOWs
Below is a breakdown of potential advantages and disadvantages of THOWs.

Advantages of THOWs:
• Affordability. Provides a potentially more affordable ‘entry-level’ housing option for Simi Valley residents.
• Housing Choice. Provides residents with greater choice in the type of housing they can purchase.
• Mobility. THOWs can be relocated to different locations, giving owners greater flexibility in choosing where to live and allowing residents to move without having to sell their home.
• Design. THOWs can incorporate features commonly associated with stick-built housing, such as pitched roofs, traditional windows and doors, and architectural detailing, providing more of a residential appearance than a typical RV and allowing for greater compatibility with existing residential neighborhoods.

Disadvantages of THOWs:
• Enforcement of Setbacks. Since THOWs and RVs are movable, ensuring compliance with setback requirements poses challenges, compounded by the City’s limited ability to access private property to confirm compliance. As a condition of permit issuance, the applicant would be required to comply with all applicable setback requirements established by the Municipal Code. The City could enforce compliance through its existing Code Enforcement procedures, including inspections.
• Permitting Process. Establishing a permitting process for THOWs can become subjective if eligibility is based on appearance or perceived quality. Allowing highend travel trailers (e.g., Airstream-type units) as THOWs would create a difficultto-administer distinction and could expand the program into allowing permanent residential occupancy of RVs.
• Inspections. Building and Safety will not inspect or plan check DMV-registered vehicles (RV park trailers) because they are not within the scope of the California Building Codes. Regarding the issuance of building permits for utility connections, the City will need to evaluate legal implications for issuing a permit for utility connections to a habitable dwelling unit that is not reviewed by Building and Safety. 5 • Regional Housing Needs Allocation (RHNA) Reporting. THOWs cannot count towards RHNA reporting since they are not permanent and there is no guarantee that they will remain housing units for the duration of the housing element planning period or beyond. In addition, jurisdictions are required to report certain information about their housing stock, including the number of units issued a building permit during the reporting year. In this case, a building permit would not be issued for a THOW because it is not constructed to the CBSC or HSC Section 18007 (manufactured homes) requirements. As a result, the City would not be able to report the THOW as a housing unit.

California Assembly Bill 956 (AB 956) Considerations
On September 29, 2026, Governor Gavin Newsom signed AB 956, which modifies State ADU law. Effective January 1, 2027, single-family properties may now have an additional detached ADU in lieu of a Junior Accessory Dwelling Unit (JADU). This could result in two or three detached ADUs plus an attached ADU on a single lot. A THOW ordinance could not preclude allowance of any of the State Exempt ADU and Non-State Exempt ADUs.

Code Enforcement Considerations
Approving THOWs as a residential dwelling unit may create Code Enforcement challenges and potentially be a liability for the City. Building and Safety cannot issue red tags for a THOW if it falls into disrepair or presents habitability concerns, as the structure is not covered by the Building Code. While Code Enforcement staff can deal with simple issues, such as if the THOW was moved to a new location without approval, the City may need to hire an outside consultant specializing in the inspection of such vehicles for lifesafety issues arising from unapproved interior modifications or upgrades after the issuance of a permit. The City’s Code Enforcement Section, City Attorney and potentially the Police Department may be needed to pursue abatement and cost recovery if a THOW creates nuisance conditions such as vermin infestations or hoarding conditions, or to recover costs from life-safety inspections.

Options for City Council Consideration
Option 1: Non-Movable “Tiny Homes” as State-Exempt or Non-State-Exempt ADUs The Municipal Code currently allows non-movable “tiny homes” on a permanent foundation to be permitted as ADUs, provided they comply with the CBSC or meet the requirements of HSC Section 18007 (manufactured homes).

Currently, THOWs available on the market do not meet the construction standards for ADUs. Manufacturers may need to revise their construction standards to comply with ADU construction standards. Depending on when the ADU is constructed and the number and type of ADUs already existing on the property, the proposed non-movable tiny home may qualify as either a State Exempt ADU or a Non-State Exempt ADU. Thus, a property could have up to five units total, provided that they meet all Municipal Code requirements:
6 one primary dwelling unit, up to three State Exempt ADUs, and one Non-State Exempt ADU, consistent with current guidance from HCD (refer to Figure 1).

Figure 1 – Single Family Dwelling with Four ADUs on 7,100-SF lot Advantages Disadvantages
• Uses existing ADU regulations and
permitting processes.
• Requires compliance with established
CBSC or HSC Section18007
construction standards
• Contributes toward meeting the City’s
RHNA obligations.
• Does not allow THOWs.
• Permanent concrete foundation
may increase costs.

Note that this option would not require a code amendment, as manufacturers would need to change their construction standards to address this need. 7 Option 2: THOWs as Accessory Livable Units Only on Larger Lots THOWs could be permitted as accessory livable units on properties in the Open Space (OS), Residential Estate (RE), and Residential Very Low (RVL) zoning districts. They would be constructed to meet applicable ANSI standards.

Minimum lot sizes are substantially larger in the OS, RE, and RVL zoning districts, ranging from 20,000 square feet in the RVL zone to one acre in the RE zone and 40 acres in the OS zone, while the remaining residential zoning districts generally have minimum lot sizes of 10,000 square feet or less.

On smaller lots, THOWs may create site constraints and neighborhood compatibility concerns, including limited space for placement of the THOW, difficulties with delivery and installation, increased vehicle and residential activity, and greater potential impacts to neighboring properties, privacy, and neighborhood character. Limiting THOWs to larger-lot zoning districts helps ensure that additional livable units can be accommodated without creating disproportionate impacts on constrained residential properties or surrounding neighborhoods.

With the addition of a THOW, a property could accommodate up to six residential units, provided they meet all Municipal Code requirements: the primary dwelling, three State Exempt ADUs, one Non-State Exempt ADU, and one THOW. An example of this is shown in Figure 2.

Figure 2 – Single Family Dwelling with Four ADUs and THOW on 20,000-SF Lot 8 Advantages Disadvantages
• Allows THOWs on larger
residential lots.
• Provides an additional housing
option while limiting development
to lower-density areas.
• Limits THOWs to Open Space,
Residential Estate, and Residential
Very Low Zones.
• Limits the advantage of this “entrylevel” type of home to large lots only.
• The City may need to hire an
outside consultant for life-safety
inspections.
• The City may need to pursue
abatement and cost recovery if a
THOW creates nuisance
conditions.
• Does not contribute toward
meeting the City’s RHNA
obligations.

Option 3: THOWs as Accessory Livable Units on All Residential Properties THOWs could be permitted as accessory livable units on properties in all residential zoning districts. They would be constructed to meet applicable ANSI standards.

With the addition of a THOW, a property could accommodate up to six residential units, provided they meet all Municipal Code requirements: primary dwelling, three State Exempt ADUs, one Non-State Exempt ADU, and one THOW. An example of this is shown in Figure 3.

Advantages Disadvantages
• Provides the broadest opportunity
for THOWs.
• Allows a consistent approach
across all residential zoning
districts.
• Could create greater impacts on
smaller and higher-density
residential lots.
• May require additional standards
for parking, access, fire safety, and
design.
• The City may need to hire an
outside consultant for life-safety
inspections.
• The City may need to pursue
abatement and cost recovery if a
THOW creates nuisance
conditions.
9 • Does not contribute toward
meeting the City’s RHNA
obligations.

Figure 3 – Single Family Dwelling with Four ADUs and a THOW on 7,100-SF lot The following are potential development standards that could be incorporated into a new ordinance (applies to Options 2 and 3):
• Exterior Wall Materials. Exterior wall materials shall match the existing home. • Windows. Windows shall be double-glazed and include exterior trim, recessed openings, sills, or similar architectural detailing to provide a residential appearance.
• Mechanical Equipment. HVAC and other mechanical equipment shall be integrated into the THOW and shall not be roof-mounted. Exterior equipment shall be screened from public view.
• Screening. The undercarriage, including wheels, axles, bumpers, tongue, and hitch, shall be concealed from view by screening that is solid and fixed at all times. • Setbacks. Setbacks similar to those required for a single-family residence, such as 20-foot front and rear yard setbacks, and 5-foot side yard setbacks, may be required.
10 • Height. A height limit of 18 feet to ensure consistency with the City’s existing ADU and other detached accessory structure requirements.

Financial Impact
Option 1 – Non-Movable “Tiny Homes” as State-Exempt or Non-State-Exempt ADUs The financial impact to the City is expected to be minimal. Non-movable “tiny homes” would be processed through the City's existing ADU permitting framework. Since this option relies primarily on existing regulatory frameworks, it is not anticipated to require significant new City resources.

Options 2 & 3 – THOWs as Accessory Livable Units Only on Larger Lots OR on all residential properties
The City would need to expend funds on preparing an ordinance for either option. An estimated cost for staff time and legal costs can be determined once further guidance has been provided. Administering these new regulations would require additional staff time.

Permit fees would be calculated on the cost-recovery approach for administering these regulations. As described above, an outside consultant may be required to conduct lifesafety inspections because staff currently do not issue permits for RVs or THOWs.

Additional costs may also arise from engaging outside consultants for these inspections and addressing nuisance issues, with potential cost recovery through fines and legal action.

The following alternatives are available to the City Council:

1. Do not initiate Municipal Code Amendments at this time; direct staff to continue to allow non-movable tiny homes constructed to CBSC or meet the requirements of HSC Section 18007 (manufactured homes);

2. Direct staff to initiate Municipal Code Amendments based on Option 2 or Option 3 or elements of both or either, including research on financial impacts to the City and potential liability issues arising because THOWs are not subject to the Building Code;

3. Provide other direction.

Suggested Motion
I move that we take no action to initiate Municipal Code Amendments at this time and direct staff to continue allowing non-movable tiny homes constructed to CBSC or meet the requirements of HSC Section 18007;
or
I move to initiate Municipal Code Amendments based on Option 2, Option 3, or a combination of elements from both, and direct staff to include an analysis of the financial impacts to the City and potential liability issues associated with THOWs not being subject to the Building Code.
11 Summary
On July 21, 2025, the City Council directed staff to explore the feasibility of allowing THOWs as permanent residential dwelling units. Given the information presented, Staff is requesting direction on possible amendments to the Simi Valley Municipal Code to permit occupancy of THOWs on residential properties. Staff has no recommended motion.

Prepared by: Sara Martinez, Assistant Planner
Attachments
Attachment A – City of Ojai Ordinance
Attachment B – HCD Letter: City of West Sacramento
Attachment C – HCD Letter: County of Santa Clara
12 394744.1

CITY OF OJAI
ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OJAI, CALIFORNIA ADDING SECTION 10-2.1712 OF THE OJAI MUNICIPAL CODE TO GOVERN THE DEVELOPMENT OF MOVEABLE TINY HOUSES; REPEALING SECTION 10-

2.1709(m) REGARDING THE SAME; AND FINDING THAT THE ADOPTION OF THIS

NEW SECTION OF THE CODE IS EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT
WHEREAS, a moveable tiny house is a residential dwelling unit that is accessory to a principal residential dwelling unit located on the same parcel of land, which provides complete independent living quarters for one household; and
WHEREAS, on October 21, 2021, the City Council adopted a two-year pilot program (Ordinance No. 923) which allowed for moveable tiny houses to be cited on parcels; and WHEREAS, the two-year pilot program through Ordinance No. 923 resided within Section 10.2-1709 (Accessory Dwelling Units) of the Ojai Municipal Code; and WHEREAS, on November 26, 2023, the two-year pilot program came to an end; and WHEREAS, the City Council intends to pilot the new regulations created by this ordinance and limit the number of permits issued for moveable tiny houses to twenty (20) permits for the first year this ordinance is in place; and
WHEREAS, the City Council finds this ordinance is consistent with and necessary to carry out the policies of the City’s adopted General Plan because this ordinance modifies the requirements for accessory dwelling units, will not permit land uses that are inconsistent with the approved residential land uses and densitiesin the Land Use Element, and will affirmatively further the development of additional accessory dwelling units in the City as required by, and consistent with, the City’s stated goal in the Housing Element of promoting the construction of accessory dwelling units; and
WHEREAS, this ordinance will not adversely affect the public health, safety, or welfare as the amendments do not authorize any land uses with adverse impacts on the public health, safety, or welfare, and the amendments maintain existing protections in the Ojai Municipal Code against the maintenance of any land use that constitutes a public nuisance; and WHEREAS, the City Council seeks to repeal prior regulations of tiny houses in Section 10-

2.1709(m), and to create a standalone section for regulations of movable tiny houses in Section 10-2.1712 of the Ojai Municipal Code.
967
Attachment A
13 394744.1

NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF OJAI DOES ORDAIN AS FOLLOWS:

SECTION 1. Recitals. The above set forth recitals and findings are true and correct and incorporated herein by reference as if set forth herein in full.

SECTION 2. Code Amendment. Ojai Municipal Code section 10-2.1709(m) is hereby repealed.

SECTION 3. Code Amendment. Ojai Municipal Code section 10-2.1712 is hereby added as a new section to read as follows:

Sec. 10-2.1712. Moveable Tiny Houses.
(a) Purpose. The purpose of this section is to:

1. Provide guidelines, and minimum standards to facilitate the development of moveable tiny houses; and

2. Ensure that moveable tiny houses are in harmony with developed neighborhoods; and

3. Allow for pre-manufactured moveable tiny houses to be sited and developed on residential lots; and

4. Allow homeowners to build their own moveable tiny houses onsite; and

5. Allow homeowners to lease/rent foundations/pads to moveable tiny homeowners. (b) Definitions. For the purposes of this section, certain words and phrases used in this section are defined in this subsection. Any reference to a particular law is a reference to it as it is in force from time to time, taking into account any and all amendments, extensions, applications or reenactment, and includes any subordinate legislation from time to time in force made under it.

1. “Accessory structure” means a structure that is physically detached from, secondary and incidental to, and commonly associated with the primary structure and is either a habitable structure with no more plumbing facilities than a half-bath containing a toilet and a sink or a non-habitable structure.

2. "Applicant” means an applicant for a moveable tiny house.

3. “Attic” means the area located between the ceiling of the top-story of a building and the building’s roof and not usable as a living area or commercial space.

4. “Basement” means a portion of a building wholly underground or in which more than onehalf the distance from the floor to the ceiling is below the average adjoining grade, and as otherwise defined in the Building Code.

5. "Director” means the Director of Community Development.

6. “Detached dwelling” means a residential unit that has no common walls, floors or ceilings to another residential unit.

7. “Floor area” means the interior habitable and non-habitable areas of a dwelling unit including basements and attics, not including a garage or any accessory structure.

8. “Foundation” means the supporting substructure of a building or other structure, including but not limited to basements, slab, sills, posts, or frost walls.

9. “Habitable area” means an area within a building designed for general living, sleeping, eating, or cooking purposes.

10. “Living area” means the interior legally permitted habitable area, with minimum dimensions of eight (8) feet by ten (10) feet and with at least seven and one-half (7.5) feet of head room, including basements and attics but does not include a garage or any accessory structure(s).
14 394744.1

11. “Lofted area” or “loft” refers to the floor placed between the roof and the floor of the uppermost story within a moveable tiny house, the floor area of which is not more than one-third of the floor area of the story or room in which it is placed.

12. “Moveable tiny house foundation” may include one of the following (1) a full poured concrete or masonry foundation; (2) a floating slab for which the municipality may require an engineer’s certification if it is to be placed on soil; or (3) any other foundation which pursuant to the Building Code is permitted for other types of single-family dwelling or residential use and is determined by the Director and Building Official to be safe and sufficient to support the proposed moveable tiny house.

13. “Moveable tiny house” means a residential dwelling unit that is: (i) accessory to a principal residential dwelling unit located on the same parcel of land, (ii) provides a complete independent living area for one household, and (iii) meets all of the following conditions:

A. Is licensed and registered with the California Department of Motor Vehicles, if on chassis, and has been certified as meeting American National Standards Institute, Standard 119.2 or 119.5 requirements or National Fire Protection Association, Standard 1192 requirements;
B. Is itself towable, or located on a frame that is towable, by a bumper hitch, frame-towing hitch, or fifth-wheel connection or can be placed on slab and secured at grade or by permanent foundation, and is designed not to and cannot move under its own power; C. Is no larger than allowed by state law for movement on public highways; D. Has at least one hundred fifty 150 square feet of first floor interior living area; E. Is a detached dwelling which includes permanent facilities and functional areas for living, sleeping, eating, cooking, and sanitation;
F. Is designed and built to look like a conventional residentialstructure, using conventional building materials, and is thus architecturally distinct from traditional mobile houses and recreational vehicles; and
G. Is sited behind the principal residential dwelling unit and placed on a permitted moveable tiny house foundation.

14. “Multi-family dwelling” see “Multi-family dwellings” definition further referenced in Section 10-2.3602 Subsection (m)(14) of the Ojai Municipal Code.

15. “Primary unit” means an existing single-family or multi-family dwelling unit that is either existing legal conforming or existing legal non-conforming in accordance with this Code, but not if the existing single-family or multi-family dwelling lacks legal status. (c) Application. In addition to submitting the application materials and information required by subsection (b)(14) for moveable tiny houses, an applicant shall submit proof that:

1. The proposed moveable tiny house is licensed and registered with the California Department of Motor Vehicles, if on a chassis;

2. The proposed moveable tiny house was built to meet ANSI 119.2 or 119.5 or NFPA 1192 standards if pre-manufactured;

3. The proposed moveable tiny house has been certified by a qualified third-party inspector as meeting ANSI 119.2 or 119.5 or NFPA 1192 standard requirements, if built on-site;

4. The applicant is the property owner, or, if not, that the property owner has signed the application form, consenting in writing to the intended location of the proposed moveable tiny house;

5. The proposed moveable tiny house meets the standards of this section; and

6. The proposed moveable tiny house will be located on a permitted permanent moveable tiny house foundation, which may either be simultaneously permitted with the proposed 15 394744.1
moveable tiny house or a previously permitted permanent moveable tiny house foundation. (d) Standards. The following development standards shall apply to Moveable Tiny Houses:

Table A: Moveable Tiny Houses Development Standards
Development Feature Requirements
Permitted Zones All R Zones, OS, A, VMU
Setbacks: Front Setback: As set forth in the zoning district the unit is proposed in.

Front
Side Setback: 4 feet
Side
Rear Setback: 4 feet
Rear
Site coverage Not to exceed percentage set forth by permitted zone(s) Maximum Height Pre-manufactured – 14 feet high
Stories Single story allowing for a lofted area
Maximum Floor Area 400 square feet
Number of Moveable Tiny
Houses Allowed on Site
One
Parking Moveable tiny houses shall not require additional off-street parking
Short-Term Rental of Moveable
Tiny Houses
Prohibited Consistent Chapter 4-24 (Prohibition on unlawful short-term, transient, and vacation rentals and advertising for unlawful short-terms, transient, and vacation rentals)
Design Standards Consistent with Title 10, Chapter 2, Article 20 (Design Review Permits)
Pedestrian Access An all-weather surface pedestrian path from the street frontage to the main entrance of the moveable tiny house Mechanical Equipment All mechanical equipment, other than solar energy panels or collectors, for a moveable tiny house shall be incorporated into the structure and shall not be located on the roof.

Utility Connections and
Requirements
Moveable tiny houses shall have adequate, safe, and sanitary utility systems providing water, sewer or composting toilets, heat, cooling, and electric power, as determined by the Director and the Building Official. Furthermore,
composting toilets require Community Development
Director approval and implementation of a health and safety and waste disposal plan. On-site composting toilet disposal is prohibited.

Addresses Moveable Tiny Houses may be given separate street addresses from the primary unit.
16 394744.1

Permanent Moveable Tiny House
Foundation Requirements
Once sited on the parcel of the primary unit, moveable tiny houses shall be mounted on a permitted, permanent
foundation that meets the requirements of NFPA 225 or
equivalent foundation and installation safety standards as determined by the Director and Building Official, and shall meet the following additional foundation requirements:
- If the wheels are removed so the moveable tiny house
sits directly on the permanent foundation, the
foundation shall follow the state-approved
requirements for foundation systems for
manufactured housing.
- If the moveable tiny house does not have its wheels
removed, then all wheels and leveling/support jacks
must sit on a permitted, permanent concrete, asphalt
or other compacted material surface (gravel or dirt)
sufficient to support its weight and secured to prevent movement. The wheels, leveling/support jacks, and
undercarriage must be skirted and not visible.

Emergency and Rescue
Openings
Shall meet the requirements IRC (International Residential Code) Code R310 for emergency escape and rescue
openings.

Class “’A” Roof Requirement All moveable tiny houses shall have a roof, including skylights and any egress roof access window, that meets the standards for a Class “A” roof assembly as tested in accord with ASTM E108 or UL 790 standards or equivalent fire roof assembly safety standards requirements as demonstrated by sufficient evidence satisfactory to the Director and Building Official.

Defensible Space Requirement All moveable tiny houses shall have a minimum of five (5) feet of defensible space surrounding the moveable tiny house and the adjacent, exterior deck area, consistent with the defensible space standards in Public Resources Code section 4291.
17 394744.1

Notes:
(1) Standards:

1. Mobile homes(except those fitting the definition of Section 18007 of the Health and Safety Code) and travel trailers shall not be permitted.

2. All applicable regulations of this Code shall be met, including the Building, Residential, Fire, and other requirements adopted by Chapter 9-1 of this Code.

3. Moveable tiny houses shall be connected to the public sewer system, unless sewer service through a new or existing private sewage disposal system, or a composting toilet system, is approved by the Building Official and in compliance with all applicable regulations.

Moveable tiny houses shall not utilize a septic system, either independently or in combination with an approved sewer system services or composting toilet system. All public utility services to the moveable tiny house shall be underground. The moveable tiny house does not need a separate connection to any public utility service. The primary unit and moveable tiny house shall be commonly or separately metered to all public utility services, at the option of the applicant and/or property owner.

4. Moveable tiny houses are allowed in multi-family dwellings in compliance with subsection (h).
(e) Fees. No connection fees, capacity charges, school district fees, or similar impact fees shall be assessed on a moveable tiny house by the City. Utilities may charge fees as allowed by state law.

Additionally, movable tiny house applications are subject to the City’s planning and building administrative and permit application fees applicable at the time of the application. (f) Growth management allocation. All moveable tiny houses shall be exempt from the City of Ojai’s Growth Management allocation process.
(g) Traffic impacts. Moveable tiny houses are expressly exempt from the City of Ojai’s traffic mitigation policies.
(h) Multi-family dwelling moveable tiny houses. All the requirements under this section apply equally to moveable tiny houses sited with a multi-family primary unit except as modified by this subsection. The owner of a multi-family site/property may build no more than two moveable tiny houses in compliance with this section in any allowed zone and for any property for which a moveable tiny house is permitted by Table A in subsection (d) of this section. Such moveable tiny houses must also comply with all applicable building codes for dwellings, shall not exceed fourteen (14) feet in height, and shall have a minimum of four (4) feet side yard and rear yard setbacks. The maximum floor area for each detached multi-family moveable tiny house shall not exceed four hundred and forty (440) square feet.
(i) Dual permit requirement.

1. Applicants for a proposed moveable tiny house, who plan to own both the foundation and the moveable tiny house, must secure approval by the Director, through separate zoning clearances, for both the proposed moveable tiny house and the proposed permanent moveable tiny house foundation.

2. An applicant may apply simultaneously for both zoning clearances for a proposed 18 394744.1

moveable tiny house to be located on a new permanent moveable tiny house foundation.

3. The zoning clearance for the proposed permanent moveable tiny house foundation shall be approved by the Director if the proposed permanent moveable tiny house foundation meetsthe requirements of thissection.

4. The zoning clearance for the proposed moveable tiny house shall be approved by the Director if the proposed moveable tiny house meets the requirements of this section.

5. A permitted moveable tiny house may be moved, upon approval of a zoning clearance for the newly proposed location, to another permitted permanent moveable tiny house foundation, in compliance with the requirements of this section. (j) Short-Term Rental Prohibition. Property owners and tenants are prohibited from using a moveable tiny house or any portion of the property on which a moveable tiny house is located for short-term, transient, or vacation rentals for any period of time less than three calendar months in exchange for any form of compensation as this land use is not permitted by Ojai Municipal Code Chapter 4-24.
(k) Permit Limit. A maximum of twenty (20) permits for moveable tiny houses shall be issued during the first twelve (12) months following the effective date of this section. Upon the expiration of this initial period, the City Council may, at its discretion, extend, revise, or remove any limitation on the number of permits issued for moveable tiny houses.

SECTION 4. Environmental Determination. The City Council finds that this addition to the Ojai Municipal Code is exempt from the California Environmental Quality Act (CEQA) under California Code of Regulations, Title 14, Section 15301 of the CEQA Guidelines and is also exempt from review because it does not meet the definition of a project under CEQA Guidelines section 15061(b)(3) and section 15378(b)(5). This addition of Section 10-2.1712 (Moveable Tiny Houses) to the Ojai Municipal Code, has no potential to result in physical changes in the environment because it consists of changes in the standards governing the issuance of ministerial permits for moveable tiny houses and does not directly or indirectly approve any applications for particular moveable tiny houses.

SECTION 5. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the final decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have adopted this Ordinance, and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, phrases or portions might be declared invalid or unconstitutional.

SECTION 6. Certification. The City Clerk shall cause this Ordinance to be published as required by law, and shall cause a copy of this Ordinance and its certification, together with proof of publication, to be entered in the Book of Ordinances of the City.

SECTION 7. Effective Date. This Ordinance shall take effect 30 days after its passage and adoption pursuant to California Government Code Section 36937. 19 06-10-2025
06-10-2025
Gilman, Mang, Rule, Lang, Whitman
06-10-2025
20 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
April 7, 2026
Tristan Osborn
Planning Manager
City of West Sacramento
1110 W. Capitol Avenue, Suite 2
West Sacramento, CA 95691
Dear Tristan Osborn:

RE: Review of City of West Sacramento’s Accessory Dwelling Unit (ADU) Ordinance under State ADU Law (Gov. Code, §§ 66310 - 66342)
Thank you for submitting to the California Department of Housing and Community Development (HCD), Chapter 17.30.040 of the City of West Sacramento (City) municipal code codifying the City’s ADU Ordinance (Ordinance). 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 May 7, 2026, with a plan to either amend the current ordinance or adopt a resolution with findings. 1 Responses should be submitted formally on agency letterhead.

On December 5, 2026, HCD issued the City a Letter of Technical Assistance requesting that the City repeal their outdated ADU ordinance as it was last updated in 2020. The City responded stating that the ordinance was still compliant with State ADU Law. HCD has conducted a review of that ordinance via the municipal code. While the Ordinance addresses many statutory requirements, HCD finds that the Ordinance does not comply with State ADU Law as follows:

1. Please note, there is recent legislation that amended State ADU Law. Language relevant to these changes should be incorporated into the Ordinance as it is updated. The bills referenced below are relevant to State ADU Law:
• Assembly Bill (AB) 130 – Effective June 30, 2025
• AB 462 – Effective October 10, 2025
• AB 1154 – Effective January 1, 2026
• Senate Bill (SB) 9 – Effective January 1, 2026
• SB 543 – Effective January 1, 2026
1 Gov. Code, § 66326, subd. (b)(2)(B).
21 Attachment B
Tristan Osborn, Planning Manager

2. Chapter 17.30.040 – Ministerial Review for ADU Applications – The Ordinance does not fully establish that applications to create ADUs shall be considered and approved ministerially. Government Code section 66317, subdivision (a)(1) states, “A permit application for an accessory dwelling unit shall be considered and approved ministerially without discretionary review or a hearing, notwithstanding Section 65901 or 65906 or any local ordinance regulating the issuance of variances or special use permits.” In addition, Government Code section 66316 states, “An existing accessory dwelling unit ordinance governing the creation of an accessory dwelling unit by a local agency or an accessory dwelling ordinance adopted by a local agency shall provide an approval process that includes only ministerial provisions for the approval of accessory dwelling units and shall not include any discretionary processes, provisions, or requirements for those units, except as otherwise provided in this article.” The City must amend the Ordinance to establish a process to approve or deny an ADU application that includes only ministerial provisions for the approval of ADUs.

3. Chapter 17.30.040 – Local Policies and Regulations – The Ordinance states, “Accessory dwelling units shall comply with all provisions of the base, overlay, or specific plan zone, except as modified by this section.” However, Government Code section 66323 establishes four categories of ADUs that must be approved ministerially and are not subject to standards set forth in Government Code sections 66314-66322, or local objective development or design standards that are not authorized by Government Code section 66323. In addition, for ADUs created pursuant to the Ordinance, Government Code section 66315 establishes that “No additional standards, other than those provided in Section 66314, shall be used or imposed, including an owner-occupant requirement, except that a local agency may require that the property may be used for rentals of terms 30 days or longer.” Government Code section 66314 allows a local ADU Ordinance to impose objective standards that address the physical characteristics of ADUs created pursuant to the Ordinance. Therefore, the City must amend the Ordinance to exempt ADUs created under Government Code section 66323 from the provisions of the base, overlay, or specific plan zone that conflict with the requirements listed in Government Code section 66323. The City must also amend the Ordinance to exempt ADUs created under the Ordinance from subjective standards and provisions unrelated to the physical characteristics of ADUs that are included in the base, overlay, or specific plan zone.

4. Chapter 17.30.040.A. – Size and Height Requirements – The Ordinance states, “Even if requirements such as floor area ratio, proportionality (i.e. 50% threshold) to the existing or proposed primary dwelling unit's floor area, or other zoning standards cannot be met, the city must still allow an 850 square foot unit with setbacks of four feet from side and rear property lines, and up to the maximum building height permitted by the underlying zoning district”. However, Government Code section 66321, subdivision (b)(3) uses the term “square feet of interior livable space” and State ADU Law defines ‘livable space' as “a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.” 22 Tristan Osborn, Planning Manager

In addition, The Ordinance also applies the building heights “permitted by the underlying zoning district” rather than the height limitations established by State ADU Law in Government Code 66321, subdivision (b)(4). Therefore, the City must (1) amend the Ordinance to specify “square feet of interior livable space” rather than “square feet,” and (2) apply, at a minimum, the height limits required under State ADU Law.

5. Chapter 17.30.040.A. – Height Requirements – The Ordinance is largely silent on the height requirements for ADUs. The one provision referring to ADU height states, “…even if requirements such as floor area ratio, proportionality…to the existing or proposed primary dwelling unit's floor area, or other zoning standards cannot be met, the city must still allow an 850 square foot unit with setbacks of four feet from side and rear property lines, and up to the maximum building height permitted by the underlying zoning district.” However, State ADU Law establishes specific minimum height restrictions for ADUs that are not included in the Ordinance. There are also some instances where the height restrictions in State ADU may supersede the building height requirements permitted by the underlying zoning district.

Government Code section 66321, subdivision (b)(4) states a local agency shall not establish by ordinance any of the following “any height limitation that does not allow at least the following, as applicable: (A) A height of 16 feet for a detached accessory dwelling unit on a lot with an existing or proposed single family or multifamily dwelling unit. (B) A height of 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed single family or multifamily dwelling unit that is within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code.

A local agency shall also allow an additional two feet in height to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit. (C) A height of 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed multifamily, multistory dwelling. (D) A height of 25 feet or the height limitation in the local zoning ordinance that applies to the primary dwelling, whichever is lower, for an accessory dwelling unit that is attached to a primary dwelling. This subparagraph shall not require a local agency to allow an accessory dwelling unit to exceed two stories. Therefore, the City must amend the Ordinance to align the City’s ADU height restrictions with the height restrictions included in State ADU Law.

6. Chapter 17.30.040.C. – Unit Allowance on a Single-Family Lot – The Ordinance states, “No more than one accessory dwelling unit and one junior accessory unit shall be permitted on any one lot.” However, State ADU Law allows more than one ADU and one JADU on a lot with a proposed or existing single-family dwelling.

Therefore, the City must amend the Ordinance to correctly identify the number and type of ADUs that may be created on a lot with a proposed or existing single-family dwelling. Government Code section 66323 requires a local agency to ministerially approve specified ADUs. For a lot with a proposed or existing single-family dwelling, Government Code section 66323, subdivision (a)(1) allows a property owner to 23 Tristan Osborn, Planning Manager

create one JADU and one ADU “within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure”.

In addition, Government Code section 66323, subdivision (a)(2) allows a property owner to create one detached, new construction, ADU that is up to 800 square feet, that does not exceed four-foot side and rear yard setbacks and satisfies the height requirements of State ADU Law. Senate Bill 543 amended State ADU Law, effective January 1, 2026, to expressly confirm the ability to combine the ADUs described in Government Code section 66323, subdivision (a)(1) and (a)(2).2 ADUs created pursuant to Government Code section 66323 may be combined with one ADU created under a local ADU Ordinance that is adopted pursuant to Government Code section 66314. Government Code section 66314 authorizes the creation of one detached, attached, or conversion ADU that is subject to the objective standards in a local ADU ordinance. The standards allowed in a local ADU Ordinance by Government Code section 66314 does not permit a local jurisdiction to prohibit an ADU authorized under that section from being constructed in combination with the ADUs permitted under Government Code section 66323.

7. Chapter 17.30.040.C. – Number of ADUs on a Multifamily Lot – The Ordinance states, “if the lot has an existing multifamily unit building then multiple ADUs are allowed in 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.” The Ordinance is silent on the exact number of ADUs that may be created from non-livable space. However, Government Code section 66323, subdivision (a)(3) specifies that local agencies must allow at least one ADU within an existing multifamily dwelling and up to 25 percent of the existing multifamily dwelling units. In addition, the Ordinance states that two detached ADUs can be added on a lot that has an existing multifamily dwelling.” However, Government Code section 66323, subdivision (a)(4) allows up to eight detached ADUs, not to exceed the number of existing multifamily units, on a lot that has an existing multifamily dwelling, and up to two detached ADUs on a lot with a proposed multifamily dwelling. State ADU Law establishes that a property owner may create “any combination” of the units described in Government Code section 66323, subdivision (a)(3) and (a)(4).3 These units may be in addition to one ADU created pursuant to Government Code section 66314 for the same reasons stated in Finding number 6. Therefore, the City must amend the Ordinance to correctly identify the number of ADUs that may be created on a multifamily lot.

8. Chapter 17.30.040.D. – Floor Area Maximums – The Ordinance states, “…the allowable square footage is 850 square feet for a one-bedroom ADU and 1,000 for an ADU over one bedroom. Lots larger than one acre can continue to have an ADU up to 1,200 square feet.” These floor area maximums shall not apply to ADUs created pursuant to Government Code section 66323. State ADU Law states that “A local agency shall not impose any objective development or design standard that is not authorized by [Government Code section 66323] upon any accessory dwelling 2 Gov. Code, § 66323, subd. (a).
3 Gov. Code, § 66323, subd. (a).
24 Tristan Osborn, Planning Manager

unit that meets the requirements of any of paragraphs (1) to (4), inclusive, of subdivision (a).”4 Government Code section 66323, subdivision (a) includes different floor area maximums. Therefore, the City must amend the Ordinance to note this exception.

9. Chapter 17.30.040.E.1. – Exceptions to Setback Requirements – The Ordinance states, “No setback shall be required for an existing, legally permitted garage that is converted to an accessory dwelling unit.” However, State ADU Law (Gov. Code § 66314(d)(7)) goes further. It exempts setbacks not only for: (a) Existing living areas or any accessory structure; and (b) Structures built in the same location and to the same dimensions as the original structure - if they are converted to an ADU or a part of an ADU. It also authorizes the legal conversion of unpermitted structures into ADUs, provided the finished ADU complies with building codes. The City must (1) explicitly exempt any existing living area or accessory structure converted to an ADU from setback requirements; (2) Clarify that structures rebuilt in the same spot and size as an existing building are also exempt; and (3) Allow conversion of unpermitted structures into ADUs, so long as the resulting units meet the California Building Standards Code, State ADU Law, and the Local ADU Ordinance.

10.Chapter 17.30.040.F. – Subjective Standards – The Ordinance states, “The exterior design and materials of the accessory dwelling unit shall be visually compatible with the primary dwelling regarding the roof, building walls, doors, windows, horizontal/vertical expression, and architectural detail.” The term “visually compatible” establishes design standards that are subjective when describing the relationship between elements of the ADU and the primary dwelling. However, Government Code section 66314, subdivision (b)(1), allows local jurisdictions to “Impose objective standards on accessory dwelling units” (emphasis added) and State ADU Law defines ‘objective standards’ as “standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal.”5 Therefore, the City must amend the Ordinance to include only objective standards.

11.Chapter 17.30.040.H. – Parking Requirements – The Ordinance states, “In addition to the required parking for the primary dwelling, an accessory dwelling unit shall be provided pursuant to Chapter 17.27, Parking and Loading.” This chapter requires ADUs with two bedrooms to provide 1.25 parking spaces and ADUs with 3 or more bedrooms to provide 1.5 bedrooms. This exceeds what is allowed in State ADU Law.

Government Code section 66314, subdivision (d)(10)(A) provides that parking requirements for ADUs shall not exceed one parking space per ADU. Therefore, the City must amend the Ordinance to align its ADU parking requirements with State ADU Law.
4 Gov. Code, § 66323, subd. (b).
5 Gov. Code, § 66313, subd. (h).
25 Tristan Osborn, Planning Manager

12.Chapter 17.30.040.H.2.a. – Parking Requirments Exception – The Ordinance establishes that automobile parking is not required for an ADU that “is located within one-half mile of public transit.” However, Government Code section 66322, subdivision (a)(1) specifies that the ADU must be within one-half mile “walking distance” of public transit. Therefore, the City must amend the Ordinance to clarify that the one-half mile from a public transit requirement shall be based on walking distance.

13.Chapter 17.30.040.I – Special Provisions for Accessory Dwelling Units Constructed Entirely Within Existing Structures – The Ordinance establishes a list of requirements that an ADU must satisfy to be exempt from being required “to install a new or separate utility connection directly between the accessory dwelling unit and the utility or impose a related connection fee or capacity charge.” The requirements included in the Ordinance exceed what is required by State ADU Law. Government Code section 66311.5, subdivision (d) states, “For an accessory dwelling unit or a junior accessory dwelling unit described in paragraph (1) of subdivision (a) of Section 66323, a local agency, special district, or water corporation shall not require the applicant to install a new or separate utility connection directly between the unit and the utility or impose a related connection fee or capacity charge, unless the unit was constructed with a new single-family dwelling, or upon separate conveyance of the accessory dwelling unit pursuant to Section 66342.” Government Code section 66323, subdivision (a)(1) includes: one JADU created within the proposed or existing space of a single-family dwelling or accessory structure and one ADU created within the converted space of a proposed or existing single-family dwelling or accessory structure. Therefore, the City must amend the Ordinance to establish that all ADUs that satisfy the requirements of Government Code section 66323, subdivision (a)(1) shall not be required to install a new or separate utility connection directly between the unit and the utility or impose a related connection fee or capacity charge, unless the unit was constructed with a new single-family dwelling, or upon separate conveyance of the accessory dwelling unit pursuant to Section 66342.

14.Chapter 17.30.040.I – Accessory Structure Conversion – The Ordinance states the City shall not require the applicant to install a new or separate utility connection directly between the ADU and the utility or impose a related connection fee or capacity charge when specified requirements are satisfied. One requirement is that the ADU be created entirely within the floor area of the existing primary residence or an existing accessory structure on the same lot as the primary residence. The Ordinance requires the existing primary residence or an existing accessory structure to be a legally permitted structure that conforms to current zoning or is legal nonconforming as to current zoning. As detailed in Finding number 9, State ADU Law allows unpermitted structures to be legally converted into ADUs because permitting the resulting ADU would correct the unpermitted status of the structure. 26 Tristan Osborn, Planning Manager

Therefore, the City must amend the Ordinance so that it no longer prohibits the conversion of an unpermitted structure to an ADU when the resulting ADU complies with the California Building Standards Code, State ADU Law and the Local ADU Ordinance.

15.Chapter 17.30.040.I – Fire Sprinklers – The Ordinance states, “Accessory dwelling units constructed pursuant to this subsection shall not be required to provide fire sprinklers if they are not required for the primary residence.” This subsection of the Ordinance refers to ADUs created from converting existing space. However, State ADU Law requires local ADU Ordinances to provide that “ADUs shall not be required to provide fire sprinklers if they are not required for the primary residence. The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.”6 This provision is not limited to certain ADU types as is done in the Ordinance. Therefore, the City must amend the Ordinance to establish that fire sprinklers shall not be required for any ADU unless required for the primary residence and building any ADU shall not trigger a requirement for sprinklers to be added to the existing primary dwelling.

16.Missing Items – The Ordinance is silent on multiple provisions required by State ADU Law. Government Code section 66314, subdivision (a) requires a local ADU Ordinance to “Designate areas within the jurisdiction of the local agency where accessory dwelling units may be permitted as specified.” Government Code section 66314, subdivision (c) requires a local ADU ordinance to provide that ADUs do not exceed a lot’s allowable density and are a residential use consistent with the site’s general plan and zoning designation. Government Code section 66314, subdivision (d) provides a list of local ADU Ordinance items that must be required of ADUs. The Ordinance is silent on the following items:
• ADUs shall not be sold except as provided in Article 47 • ADUs are 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 detached8
• ADUs do not constitute a Group R occupancy change under the local building code, unless the local agency makes a written finding, as specified9 • Approval by the local health officer where a private sewage disposal10 Therefore, the City must amend the Ordinance to include these statutory requirements.
6 Gov. Code, §§ 66314, subd. (d)(12); 66323, subd. (d)
7 Gov. Code, § 66314, subd. (d)(1).
8 Gov. Code, § 66314, subd. (d)(3).
9 Gov. Code, § 66314, subd. (d)(8).
10 Gov. Code, § 66314, subd. (d)(9).
27 Tristan Osborn, Planning Manager

17.17.08.040 - Tiny Homes on Wheels - The City allows for Tiny Homes and Tiny Homes on Wheels to be considered ADUs. "Tiny home” and "Tiny homes on wheels" are industry terms that are not defined in California State Law and can meet the definitions various structures or vehicles. To be legally recognized as an ADU, the structure must comply with construction standards established in the California Building Standards Code (CBSC) or comply with Health and Safety Code (HSC) section 18007 (manufactured homes). No other construction standards qualify as an ADU. Therefore, the City must clarify that only structures that comply with the CBSC or HSC 18007 qualify as ADUs. When Tiny Homes and Tiny Homes on Wheels are deployed as ADUs in compliance with CBSC, or comply with HSC section 18007, the allowances and restrictions provided for in State ADU shall apply. Therefore, the City must also amend the Tiny Home Ordinance to ensure it is not applying additional standards upon ADUs created pursuant to Government Code section 66323 or applying subjective standards upon ADUs created pursuant to Government Code section 66314.

The City has two options in response to this letter.11 The City can either 1) amend the Ordinance to comply with State ADU Law12 or 2) 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.13 If the City fails to take either course of action, or if HCD finds that the newly adopted Ordinance remains out of compliance with State ADU Law despite the City’s findings and explanations, 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.14 HCD appreciates 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 at [email protected] if you have any questions or wish to discuss any of HCD’s findings.

Sincerely,
Jamie Candelaria
Section Chief, ADU Policy
Housing Accountability Unit
11 Gov. Code, § 66326, subd. (c)(1).
12 Gov. Code, § 66326, subd. (b)(2)(A).
13 Gov. Code, § 66326, subd. (b)(2)(B).
14 Gov. Code, § 66326, subd. (c)(1).
28 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
June 24, 2025
Stewart Patri, Deputy Director of Administration
Planning and Development
County of Santa Clara
70 W. Hedding St., East Wing, 7th Floor
San Jose, CA 95110
Dear Stewart Patri:

RE: Review of Santa Clara County’s Accessory Dwelling Unit (ADU) and Senate Bill (SB) 9 Ordinance under State Law (Gov. Code, §§ 66310 – 66342, 65852.21 and 66411.7)
Thank you for submitting the County of Santa Clara (County) ADU and SB 9 Ordinance No. NS-1200.383 (Ordinance), adopted January 24, 2023, to the California Department of Housing and Community Development (HCD). HCD has reviewed the Ordinance and submits these written findings pursuant to Government Code section 66326, subdivision (a) and Government Code section 65585, subdivision (j). HCD finds that the Ordinance does not comply with State ADU and SB 9 Laws in the manner noted below. The County has up to 30 days to respond to these findings.1 Accordingly, the County must provide a written response to these findings no later than July 23, 2025.

The Ordinance addresses many statutory requirements; however, HCD finds that the Ordinance does not comply with State ADU and SB 9 Laws in the following respects:

ADU Findings (Gov. Code, §§ 66310 - 66342)

1. Statutory Numbering - The Ordinance 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 code sections.

2. Section 4.10.015 B – Moveable Tiny Homes – The Ordinance states, “For the purposes of this section, one movable tiny home per lot is allowed in lieu of one standard ADU.” While moveable tiny homes are an innovative type of living quarters, they may not meet the statutory definition of an ADU. Pursuant to Government Code section 66314, subdivision (d)(8), ADUs must comply with “[l]ocal building code requirements that apply to detached dwellings.” 1 Gov. Code § 66326, subd. (b)(1)
29 Attachment C
Stewart Patri, Deputy Director of Administration

Government Code section 66313, subdivision (a), defines an ADU to mean “an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons...It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes the following: (1) An efficiency unit. (2) A manufactured home, as defined in Section 18007 of the Health and Safety Code.” While some tiny homes may be considered ADUs, moveable tiny homes may be more akin to recreational vehicles, as defined in the California Health and Safety Code section 18010, than ADUs.

Additionally, this implies that the presence of a movable tiny home may preclude the ministerial approval of an ADU. However, Government Code section 66315 states, “No additional standards, other than those provided in Section 66314, shall be used or imposed, including an owner-occupant requirement, except that a local agency may require that the property may be used for rentals of terms 30 days or longer.” Furthermore, units subject to section 66323 may not be precluded by local development standards. The City must amend the Ordinance to clarify that moveable tiny homes are not ADUs and that ADUs may not be precluded by the presence of “moveable tiny homes”.

3. Section 4.10.015 B.1, D.7 – Unit Allowance – The Ordinance states, that “Only one accessory dwelling unit and one junior accessory dwelling unit are allowed per legal lot,” for single family primary dwellings and later states “For properties with a multifamily dwelling, no more than two detached accessory dwelling units may be located on the same property.”
However, Government Code section 66323, subdivision (a), states, "Notwithstanding Sections 66314 to 66322, inclusive, a local agency shall ministerially approve an application for a building permit within a residential or mixed-use zone to create any of the following: (1) One accessory dwelling unit and one junior accessory dwelling unit per lot with a proposed or existing single-family dwelling…(A) The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a single family dwelling or existing space of a single-family dwelling or accessory structure." Paragraph (2) permits "[o]ne detached, new construction, accessory dwelling unit that does not exceed four-foot side and rear yard setbacks." The use of the term "any" followed by a list of permitted ADU types indicates that any of these ADU types can be combined on a lot zoned for single-family dwellings.

This permits a homeowner to create one converted ADU; one detached, new construction ADU; and one junior accessory dwelling unit (JADU). Thus, if the local agency approves an ADU that is created from existing (or proposed) space, and the owner subsequently applies for a detached ADU (or vice versa) that meets the size and setback requirements of this section, the local agency cannot deny the application, nor deny a permit for a JADU under this section. 30 Stewart Patri, Deputy Director of Administration

This section also requires the ministerial approval of detached ADUs in combination with units created in portions of multifamily primary dwellings that are not used as habitable space. Therefore, the County must amend the Ordinance to provide for all ADU combinations described in Government Code section 66323.

4. Section 4.10.015 B.2 – Denial – The Ordinance states that ADU applications shall be “…either approved or disapproved within 60 days after the County receives a complete application.” However, Government Code section 66317, subdivision (b) expands on this to state, “If a permitting agency denies an application for an accessory dwelling unit or junior accessory dwelling unit pursuant to subdivision (a), the permitting agency shall, within the time period described in subdivision (a), return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant.” The County must amend the Ordinance to provide for the timely return of written comments upon denial of an application.

5. Section 4.10.015 B.3 – Separate Sale – The Ordinance states, “No standard ADU or junior ADU may he sold separately from the primary residence or the real property upon which the primary residence is located. This provision does not apply to property built or developed by a qualified nonprofit corporation described in Government Code Section 65852.26.” Please note that Government Code section 66342 gives local jurisdictions the additional option of adopting an Ordinance to govern the separate sale of ADUs, beyond what section 66341 requires.

6. Section 4.10.015 C.3, D.3 – Height – The Ordinance states that ADUs “Shall not exceed sixteen (16) feet in height if the dwelling unit does not comply with the setback limitations for a single-family residence, prescribed by the applicable zoning district….” However, Government Code section 66321, subdivision (b)(4) requires height allowances of 16, 18, 20 or 25 depending on the circumstances. The County must amend the Ordinance to allow Statemandated height maximums.

7. Section 4.10.015 D.1, D.6 – Size Maximums – The Ordinance states that detached ADUs "Shall have a maximum floor area not exceeding 1,200 square feet.” It later states, “The cumulative square footage of both accessory dwelling units shall not exceed 1,700 square feet.” However, local development standards may not preclude a converted unit created subject to Government Code section 66323, subdivision (a)(1) regardless of size. The County must amend the Ordinance to incorporate this exception.

8. Section 4.10.015 D.3 – Subjective Standard – The Ordinance states that “Detached accessory dwelling units exceeding sixteen (16) feet in height shall incorporate a hip, gable, or other similar styled roof design.” However, Government Code section 66314, subdivision (b) requires local Ordinances to 31 Stewart Patri, Deputy Director of Administration

“Impose objective standards on accessory dwelling units”. The term “similar styled roof design” is not objective and is therefore inconsistent with State ADU Law. The County must amend the Ordinance to remove the subjective language.

9. Section 4.10.015 I. 3. – Parking Exceptions – The Ordinance provides parking exceptions that match the conditions for Government Code section 66322, subdivisions (a) through (e) but omits reference to the conditions described in subdivision (f): “When a permit application for an accessory dwelling unit 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 accessory dwelling unit or the parcel satisfies any other criteria listed in this subdivision.” The County must amend the Ordinance to add the relevant language.

SB 9 Findings (Gov. Code, §§ 65852.21; 66411.7)

1. Section 2.10.030 – Definition of an Urban Primary Unit – The County Code defines an Urban Primary Unit (UPU) as, “A second residential dwelling unit, limited to 1,600 square feet, that provides independent living facilities and is located on a legal parcel that is wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau when the application is approved, and is located in a single-family residential zone.

This use classification also applies to a second dwelling unit on any eligible lot that resulted from an urban lot split, as described in section C12-44, on or after January 1, 2022. The dwelling unit may exist as a separate structure or within a common structure. An Urban Primary Unit is not an ADU or Junior ADU. This use classification is intended to implement Government Code Sections 65852.21 and 66411.7, as amended from time to time…”. The UPU definition suggests that only the second primary dwelling constructed on a lot would be considered an UPU and thus eligible for review under SB 9. However, SB 9 provides that, “A proposed housing development containing no more than two residential units within a single-family residential zone shall be considered ministerially, if the proposed housing development meets all of the following requirements...”.2 Therefore, SB 9 is applicable in a scenario where construction results in either one or two primary dwelling units on a lot. Both the first and the second primary dwelling unit constructed on a lot is eligible for SB 9 . The County Code must be modified to clarify that both first and second primary dwelling units are eligible for SB 9 processes and applicable development standards.

2. Sections 2.20.020 and 2.20.030 – Site Eligibility/Single-Family Zones – The County Code states that an Urban Primary Unit is allowed within the Rural Residential (RR), the R1 (One Family Residence), R1E (One Family ResidenceEstate), RHS (Urban Hillside Residential), and R1S (Low-Density Campus Residential) zones.3 The County Code, however, does not include the A 2 Gov. Code § 65852.21, subd. (a). 3 County of Santa Clara Ordinance Code § 2.30. 32 Stewart Patri, Deputy Director of Administration

(Exclusive Agriculture), AR (Agricultural Ranchlands) or HS (Hillside) zones among the eligible zones.4 The County Code also does not appear to specify which zones are eligible for Urban Lot Splits. SB 9 provides that, “two residential units within a single-family residential zone shall be considered ministerially.”5 Additionally, the law further provides that, “…a local agency shall ministerially approve…an urban lot split…if the parcel is located within a single-family residential zone.”6 Table 2.20-1 (Residential Uses in Rural Base Districts) of the County Code states that single-family residences are permitted by right in the A, AR and HS Zones and multi-family uses are not permitted in these zones.

Therefore, these zones should be considered single-family for purposes of SB 9 because they allow single family residences by right and do not allow multi-family uses. The County must modify the Ordinance to include these zones among the SB 9 eligible areas.

3. Sections 4.10.387 and C.12-44 – Limitations on Location-Fire Hazard Zones – The County Code contains site exclusions applicable to urban lot splits and urban primary unit development. The Code states, “The parcel is not in a high or very high fire hazard severity zone as determined by the California Department of Forestry and Fire Protection unless the parcel will comply with fire hazard mitigation measures adopted pursuant to existing building standards or state fire mitigation measures applicable to the development.” Under SB 9, recently amended by Senate Bill 450, the applicable exclusion language now states, “Within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Section 51178, or within a high or very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the Public Resources Code. This subparagraph does not apply to sites excluded from the specified hazard zones by a local agency, pursuant to subdivision (b) of Section 51179, or sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development.” The County should review the fire exclusion language in the County Code to confirm it complies with the recently amended SB 9 exclusion pursuant to SB 450.

4. Limitations on Location – Earthquake Fault Zones – State law provides that an SB 9 development shall not be located, “Within a delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code), and by any local building department under Chapter 12.2 (commencing with Section 8875) of 4 County of Santa Clara Ordinance Code § 2.20. 5 Gov. Code § 65852.21, subd. (a) 6 Gov. Code § 66411.7, subd. (a)
33 Stewart Patri, Deputy Director of Administration

Division 1 of Title 2.”7 The County Code does not contain this language and must be amended to include it.

5. Limitations on Location – Floodways – State law provides that an SB 9 development shall not be located, “Within a regulatory floodway as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency, unless the development has received a no-rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations. If a development proponent is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this section, a local government shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by that local government that is applicable to that site.”8 The County Code does not contain this exclusion and must be amended to include it.

6. Section 4.10.387 C.2. – Urban Primary Unit Development Standards – The County Code states that, for an Urban Primary Unit, “The first unit developed on a parcel shall comply with all setbacks applicable to a single-family residence use classification in the underlying zoning district, with the exception of an existing dwelling unit legally constructed prior to January 1, 2022, or a conversion as stated in § 4.10.387(D).” However, SB 9 states that for new construction of an SB 9 unit, “…a local agency may require a setback of up to four feet from the side and rear lot lines.” SB 9 also states that for existing or reconstructed structures, “…no setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure…”9 Additionally, as discussed in comment No. 1, SB 9 standards are applicable to both the first primary dwelling unit as well as the second primary dwelling unit constructed on a lot. Therefore, any unit constructed pursuant to SB 9 shall be eligible for the maximum four-foot setback standard specified. Additionally, any existing structure is eligible for the SB 9 setback allowances as specified. Therefore, the County Code setback requirements for UPUs must be amended to reflect statutory allowances under SB 9.
7 Gov. Code § 65913.4, subd. (a)(6)(F)
8 Gov. Code § 65913.4, subd. (a)(6)(H)
9 Gov. Code §§ 65852.21, subd. (b)(2)(B) and 66411.7, subd. (c)(3) 34 Stewart Patri, Deputy Director of Administration

7. Section 4.10.387 E. – Parking – The County Code states that for an Urban Primary Unit, “One off-street parking space is required for an Urban Primary Unit.” However, SB 9 states that when considering an application that will result in two residential units, “…a local agency may require…Off-street parking of up to one space per unit…”.10 SB 9 also states, “A housing development contains two residential units if the development proposes no more than two new units or if it proposes to add one new unit to one existing unit.”11 Therefore, if a second primary dwelling is added to a site with an existing primary dwelling, a maximum of two parking spaces can be required for the two units. The County must modify the code to clarify that when a second primary dwelling is added to a site, a maximum of two parking spaces can be required on the site12, one for each primary dwelling.

8. Section 4.10.387– General Provisions and Development Standards – The County Code contains requirements related to maximum unit size13 for an Urban Primary Unit and providing public notice to owners within 300 feet.14 However, SB 9 specifies that, “A local agency shall not impose objective zoning standards, objective subdivision standards, and objective design standards that do not apply uniformly to development within the underlying zone…”.15 Individual development standards applied to SB 9 units cannot be more restrictive than those applied to non-SB 9 units in the same zone. The County Code appears to apply more restrictive development standards to SB 9 units that are not applied to non-SB 9 primary dwelling units in the same zone. The County must review and amend the code as needed to ensure all development standards and requirements applied to SB 9 units are not more restrictive than those applied in the underlying zone to non-SB 9 primary dwellings.

9. Section 4.10.387 A. – Accessory Dwelling Unit Allowances – The County Code states, “Eligible parcels that have not been subdivided under an urban lot split, as described in section C12-44, may contain no more than one single-family residence, one ADU, one Junior ADU, and one Urban Primary Unit.” However, Government Code 66310 et seq. allows multiple combinations of accessory dwelling units (ADU) and/or a junior accessory dwelling unit (JADU). County Code must be modified to remove the limitation on ADUs and JADUs to allow for all unit combinations permitted under ADU law while still specifying a maximum of four units if at least one SB 9 unit is created. 10 Gov. Code § 65852.21, subd. (c)(1)
11 Gov. Code § 65852.21, subd. (j)(1)
12 Gov. Code 65852.21, subd. (c)(1)
13 County of Santa Clara Ordinance Code § 4.10.387(C)(3). 14 County of Santa Clara Ordinance Code § 4.10.387(B)(8). 15 Gov. Code § 65852.21, subd. (b)(3). 35 Stewart Patri, Deputy Director of Administration

10.Section 4.10.387 B. 5. – Onsite Wastewater Treatment System (OWTS) – The County Code states, “Urban Primary Units are subject to all other applicable requirements of the Ordinance Code, including, but not limited to, requirements applicable to on-site wastewater treatment systems or sewer connections, water supply, height limitations, and other objective standards in the Zoning Ordinance.” SB 9 states, “a local agency may impose objective zoning standards, objective subdivision standards, and objective design review standards…”16. Therefore, the County must review all underlying requirements referenced in this section to ensure all standards are objective and include exceptions in the code for any subjective standards to clarify that they do not apply to SB 9 units. Additionally, County Code Section 4.10.387(B)(5) should be amended to clarify that it refers only to other applicable objective requirements.

11.Section 4.10.387 B. 6. and C12-44 b. 8. – Findings for Denial – The County Code states, “Notwithstanding any other provision in this Section, a proposed Urban Primary Unit application may be denied if the Building Official makes a written finding, based on a preponderance of the evidence, that a proposed project would have a specific, adverse impact on public health and safety or the physical environment, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. A "specific, adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.” County Code Section C12-44(b)(8) contains similar Finding for Denial Language. However, the SB 9 findings for denial17 were amended on January 1, 2025, by SB 450. This amendment removed the language “…or the physical environment and...”, Therefore, both sections of the County Code must be amended to reflect the revised language.

12.Section 4.10.387 B. 7. – Rental Term – The County Code states, “Urban Primary Units shall not be rented for terms shorter than 180 days. Future property owners shall be informed of this restriction through a recorded deed notice approved by the County.” SB 9 states, “A local agency shall require that a rental of any unit created pursuant to this section be for a term longer than 30 days.”18 It also states that a local agency shall not impose objective standards that do not apply uniformly to development within the underlying zone unless they are more permissive than applicable standards in the underlying zone.19 As the County Code does not appear to have a 180 day minimum rental term requirement in the underlying zone, it cannot be required for SB 9 units because it is more restrictive than the 30 days specified in state law. The County Code must be amended to reflect the minimum day 30 rental term but cannot require a longer term unless it is a requirement of the underlying zone.
16 Gov. Code § 65852.21, subd. (b)(1). 17 Gov. Code §§ 65852.21, subd. (d); 66411.7, subd. (d). 18 Gov. Code § 65852.21, subd. (e). 19 Gov. Code § 65852.21, subd. (b)(3). 36 Stewart Patri, Deputy Director of Administration

13.Section 4.10.387 B. and C12-44 b. 2. – Historic Resource Site Exclusion – The County Code states, “Parcels located in a -h combining district are not eligible for an Urban Primary Unit.”20 County Code further states, “The "-h" combining zoning district is intended to provide for the preservation of historic sites, historic structures, buildings of architectural significance, and other natural and humanmade heritage resources which are included in the National Register of Historic Places, or which are otherwise designated as a registered cultural heritage resource (see Section 1.30.030: Definitions of Terms).” 21 Additionally, it should be noted that the County Code refers to the term “registered cultural heritage resource” but does not contain a definition. The County Code does define the potentially related term “registered historic cultural resource”. To determine eligibility for a historic site, SB 9 states the parcel may not be located, “within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance.”22 The County must modify the County Code historic exclusion language to clarify the definition of a “registered cultural heritage resource” and ensure that the historic exclusion does not exceed that contained within SB 9.

14.Section C12-44 b. 3. – Urban Lot Splits – The County Code states, “Ministerial parcel map applications to establish an urban lot split shall be reviewed by all applicable County departments and other public agencies for conformance with applicable standards, including but not limited to the Subdivision Map Act, Government Code § 66410 et seq., without public hearing or discretionary review.” Under SB 9, “…a local agency may impose objective zoning standards, objective subdivision standards, and objective design review standards that are related to the design or to improvements of a parcel…”. Therefore, the County must review all underlying requirements referenced in this section to ensure all standards are objective and include exceptions in the code for any subjective standards to clarify that they do not apply to urban lot splits. Additionally, County Code Section C12-44(b)(3) must be amended to clarify that it refers to “…applicable objective standards…” (emphasis added).

15.Section C12-44 b. 4. – Easements for Urban Lot Splits – The County Code states, “No off-site improvements or right-of-way dedications shall be required for an urban lot split. Easements granting access to the public right-of-way or for public utilities and services may be required (emphasis added).” However, SB 9 states, “a local agency may require any of the following conditions when considering an application for a parcel map for an urban lot split:
20 County of Santa Clara Ordinance Code §§ 4.10.387, subd.(b)(2)(f); § C12-44, subd. (b)(2)(f). 21 County of Santa Clara Ordinance Code § 3.50.010. 22 Gov. Code § 65852.21, subd. (a)(5) and 66411.7, subd. (a)(3)(E). 37 Stewart Patri, Deputy Director of Administration

Easements required for the provision of public services and facilities”.23 While an easement can be required to provide right-of-way access to either of the lots created by an urban lot split, an easement benefiting any other parcel(s) cannot be required, except “to provide public services and facilities”. The County Code provision, “Easements granting access to the public right-of-way…may be required”, exceeds what is allowed under SB 9 and must be modified or clarified so that it refers only to granting access to one of the new parcels in an urban lot split.

16.Section C12-44 b. 7. – Water Availability – The County Code states, “Each resulting parcel shall demonstrate adequate access to a potable water supply…Shared wells between dwelling units on different parcels are allowed…”.

However, Government Code 66411.7(c) states that, “…a local agency may impose objective zoning standards, objective subdivision standards, and objective design review standards that are related to the design or to improvements of a parcel…”. State law further states, “Objective zoning standards,” “objective subdivision standards,” and “objective design review standards” mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. The County Code’s use of the language “demonstrate adequate access” is subjective and not knowable prior to submittal. This County Code language must be modified to be objective or refer to objective requirements contained in other County Code sections or documents. Alternatively, if this terminology is already codified in an objective manner, the County may modify the code to cite to that County Code reference.

17.Section C12-44 b. 7. – Onsite Wastewater Treatment Systems – The County Code states, “Each resulting parcel shall demonstrate…connection to sanitary sewer or determination of septic feasibility meeting all requirements of Sections B11-60 through B11-95 of this Code…Shared onsite wastewater treatment systems (OWTS) serving multiple dwelling units on the same parcel are allowed, but OWTS are not allowed to serve multiple parcels.” (Emphasis added.) However, SB 9 states, “...a local agency may impose objective zoning standards, objective subdivision standards, and objective design review standards that are related to the design or to improvements of a parcel…”24 Therefore, the County must review all underlying requirements referenced in this section to ensure all standards are objective and include exceptions in the code for any subjective standards to clarify that they do not apply to SB 9 urban lot splits. 23 Gov. Code § 66411.7, subd. (e)(1). 24 Gov. Code § 66411.7, subd. (c)(1). 38 Stewart Patri, Deputy Director of Administration

18.Section C12-44 b. 11. – Public Notice for Urban Lot Splits – The County Code states, “Whenever a Tentative Map application for an Urban Lot Split is received by the County, notice of the project including a general description and the location of the development shall be provided to the owners of property within 300 feet of the exterior boundaries of the property involved in the application.

Such notice shall be mailed to the last known name and address of such owners as shown upon the records of the County Assessor.” However, under SB 9, “…a local agency may impose objective zoning standards, objective subdivision standards, and objective design review standards that are related to the design or to improvements of a parcel…”.25 An informational public notice requirement is not related to the design or improvement of a parcel. The County Code must be modified to remove this requirement.

19.Section C12-51. – Effective Time of Filing – The County Code states, “The effective time of filing a tentative map shall be construed to be the time at which the Planning Office formally determines the application is complete by written notification to the applicant. Prior to the formal completeness determination, the map received shall be examined to determine if it is complete, in full compliance with this chapter, as to form and content. If the tentative map application is incomplete, the Planning Office shall notify the applicant in writing within 30 calendar days from the day the application was originally submitted as to those parts which are incomplete and what must be done to complete the application.”26 However, SB 9 states, “(B) An application for an urban lot split shall be considered and approved or denied within 60 days from the date the local agency receives a completed application. If the local agency has not approved or denied the completed application within 60 days, the application shall be deemed approved.” SB 9 further states, “(C) If a permitting agency denies an application for an urban lot split pursuant to subparagraph (B), the permitting agency shall, within the time period described in subparagraph (B), return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant.” County Code must be clarified to include this specific timeline and procedure for SB 9 urban lot split applications.

20.Offsite Improvements – SB 9 states, “…a local agency shall not impose regulations that require dedications of rights-of-way or the construction of offsite improvements for the parcels being created as a condition of issuing a parcel map for an urban lot split pursuant to this section.” Pursuant to SB 9, a local agency cannot require the construction of offsite improvements prior to approving or recording a parcel map for an urban lot split. Additionally, for an urban lot split, a local agency cannot require a condition of approval for offsite improvements to be constructed at a later date after map approval. HCD has received complaints suggesting that the County is not complying with this 25 Gov. Code § 66411.7, subd. (c)(1). 26 County of Santa Clara Ordinance Code § C12-51. 39 Stewart Patri, Deputy Director of Administration

requirement. The County Code must be amended to make clear that offsite improvements will not be required for an urban lot split application.

Conclusion
ADU Regulations
The County has two options in response to the ADU component of this letter.27 The County can either amend the Ordinance to comply with State ADU Law, 28 or adopt the
Ordinance without changes and include findings in its resolution adopting the Ordinance that explain the reasons the County believes that the Ordinance complies with State ADU Law despite HCD’s findings.29 If the County fails to take either course of action and bring the Ordinance into compliance with State ADU Law, HCD must notify the County and may notify the California Office of the Attorney General that the County is in violation of State ADU Law.30
SB 9 Regulations
HCD looks forward to assisting the City in its compliance with state housing laws and reminds the City that HCD has enforcement authority over SB 9, among other state housing laws. Accordingly, HCD may review local government actions and inactions to determine consistency with these laws. If HCD finds that a city’s actions do not comply with state law, HCD may notify the California Office of the Attorney General that the local government is in violation of state law.31
HCD appreciates the County’s efforts in the preparation and adoption of the Ordinance and welcomes the opportunity to assist the County in fully complying with State ADU and SB 9 Laws. Please contact Mike Van Gorder, of our staff, at [email protected] if you have any questions or would like HCD’s technical assistance in ADU matters. For SB 9 specific questions, please contact Mindy Wilcox, of our staff, at [email protected].

Sincerely,
Jamie Candelaria
Section Chief, ADU Policy
Housing Policy Development Division
27 Gov. Code, § 66326, subd. (c)(1).
28 Gov. Code, § 66326, subd. (b)(2)(A).
29 Gov. Code, § 66326, subd. (b)(2)(B).
30 Gov. Code, § 66326, subd. (c)(1). 31 Gov. Code, § 65585, subd. (j). 40