10/8/2024
1 City Council
October 8, 2024
Accessory Dwelling Unit
Ordinance Update
Municipal Code Amendment
MCA-2023-70005
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Item 10.A.
10/8/2024
2 Request
To amend Title 9, Chapter 4 of the Thousand Oaks Municipal Code by repealing Section 9-4.2521 regarding Accessory
Dwelling units and Junior Accessory Dwelling Units and
replacing it with a new Article 45 to comply with new State law as well as carry out program implementation from the City’s 2021-2029 Housing Element. Article 45 of Title 9, Chapter 4 creates new regulations dedicated to ADUs and JADUs, and includes updates to the development standards and entitlement process for ADUs and JADUs.
Background
Past Actions
City ADU Ordinance most recent updateFebruary 2020
Governor signed AB 221 and SB 897September 2022
Bills became effectiveJanuary 2023
City Council adopted General Plan 2045
and 6th Cycle Housing Element
December 2023
Housing Element was certified by HCDMay 2024
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3 Housing Element Program 3
Legislature has declared that California faces
a severe housing crisis and is failing to meet
housing demands, particularly for lower and
middle-income earners.
City’s Housing Element identifies ADUs as an
integral housing type for meeting the Regional
Housing Needs Allocation.
Proposed municipal code update would
provide updated City procedures and
development standards for ADUs and JADUs
and ensure that the development standards
are consistent with current State Law.
Types of ADUs
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4 Proposed Amendments
Proposed ChangeState LawCurrent OrdinanceItem
Requirement of internal
connection for shared
sanitation facilities.
If a proposed JADU does not include a
bathroom, then an internal connection to
facilities must be provided.
Does not elaborate on
options for JADUs to either
be separated or have an
internal connection to
provide sanitation facilities.
Interior
Entry
A preclusion is included
for minimum unit
development.
No setback requirement excluding 4 ft. in the
rear and sides can be required if it would
prevent the allowance of an 800 sq. ft. ADU.
Silent on front yard setback
requirement and defers to
requirement to underlying
zoning district.
Front Yard
Setbacks
Height allowances are
incorporated in the
proposed ordinance to
comply with state law.
Height provisions for attached ADUs for 25
ft. or as high as the primary residence
(whichever is lower) and 16 ft. for a
detached ADU, with an allowance of 18 ft.
for units within a half mile of transit, as well
as an addition 2 ft. allowance to
accommodate pitched roofs.
Allows the same height as
primary dwelling for attached
ADUs and JADUs and 16 ft
for detached ADUs.
Maximum
Height
Proposed Amendments (continued)
Proposed ChangeState LawCurrent OrdinanceItem
Proposed ordinance clarifies
that proposed and existing
primary dwellings are both
reviewed the same for parking
requirements.
Prohibited from imposing any parking
standards on an ADU that is included in an
application to create a new single-family
dwelling unit or a new multifamily dwelling
on the same lot, provided that the ADU
meets other specified requirements.
Code is silent regarding
proposed dwellings and
parking requirements.
Parking
Exemptions
Proposed ordinance clearly
states that garage spaces are
considered within the walls of
the primary residence and can
therefore be converted into
ADUs and JADUs.
Non-habitable space within the primary
dwelling structure, such as an attached
garage, are considered part of the proposed
or existing single-family residence for
purposes of JADU/ADU construction.
Code is silent on the
conversion of non-habitable
structures to ADUs and
JADUs.
Non-
habitable
space
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5 Proposed Amendments (continued)
Attached ADUs Maximum Size
Planning Commission
Recommendation
Staff
Recommendation
State Law Current Ordinance
The maximum size is 850
square feet (1,000 sq. ft.
for a unit that provides
more than one bedroom)
or 50% of the existing
primary dwelling's total
floor area, whichever is
greater. The minimum
size is the same as an
efficiency dwelling.
“The maximum size is
850 square feet or 50%
of the existing primary
dwelling's total floor
area, whichever is
greater. The minimum
size is the same as an
efficiency dwelling”.
A local agency shall not establish by
ordinance any of the following:
(1) A minimum square footage
requirement for either an attached or
detached accessory dwelling unit that
prohibits an efficiency unit.
(2) A maximum square footage
requirement for either an attached or
detached accessory dwelling unit that
is less than either of the following.
(a) 850 sq. ft.
(b) 1,000 sq. ft. for an ADU that provides
more than one bedroom.
“50% of primary
dwelling area or
800 square feet,
whichever is
greater”
Two Distinct Application Processes
Standards for State Streamlined
Process
Standards for City Process
JADUConversion
ADU (existing
space)
Detached
ADU
JADUAttached ADU
(New or
Conversion)
Detached
ADU
16 or 18ft
(with
pitched
roof)
16 or 18ft
(with pitched
roof)
16 ft or 18ft
(with pitched
roof)
25ft or
zoning
designation
25ft or zoning
designation
16 ft or
18ft (with
pitched
roof)
500 sq. ft.850 sq. ft. or
50% primary
dwelling
800 sq. ft.500 sq. ft.850 sq. ft.
(1,000 sq. ft.
two bedrooms
or more) or
50% primary
dwelling
1,000 sq. ft.
or 1,200 sq.
ft. (lots one
acre or
more)
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6 Objective Design Standards (Design and Features)
• A newly constructed detached
ADU must incorporate a
minimum of one material and
one color from the existing or
proposed primary dwelling.
•
Roof-top decks above ADUs
and JADUs are prohibited.
•
Windows within 10 ft. of an
adjoining residential property
shall contain privacy glass.
Objective Design Standards (Second Story ADUs and
JADUs)
• E xterior stairs are not
permitted.
•
Colors and materials of
building walls must be the
same as the
primary.
• New second story ADUs
shall be set back two feet
from the existing first floor
wall plane.
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7 Objective Design Standards (Garage Conversions)
General Plan Consistency
Goal LU-3: Promote a diversity of housing types for Thousand Oaks residents through all stages of life.
Policy 3.1 Diversity of housing. Promote a diversity of housing types in locations throughout the Cit y, specifically in neighborhood areas that contain goods and se rvices, parks and open space, and public schools in a walkable setting.
Policy 3.2 Housing for different life stages and incomes.
Encourage new housing types for a ll residents including young professionals, older adults, and middle-and low-income families. 13 14
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8 Conclusion
• The proposed updates to t he ADU Ordinance address
inconsistencies betw
een the City’s local ADU/JADU
development standards and amended state
law.
• Updating the ADU ordinance is essential for maintaining the City
’s Housing Element certification with HCD.
•
Ordinance update will support responsible development
and
create additional housing opportunities.
•
ADUs help the City to meet its Regional Housing Needs
Allocation.
•
Objective Design standards help to protect the
character of
existing residential neighborhoods and
maintain as
much local control as permitted under the
law
.
Staff Recommendation
That the City Council:
1. Find that the project is Categoric ally Exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15282(h) “Other Statutory Exemptions” and Public Resources Code Section 21080.17 which specifically finds that CEQA does not apply to the adoption of an ordinance by a city to implement the provisions of Section 66310 et seq. (formerly Section 65852.2) of the California Government Code; and
2. Read in title only, further reading be waived,
and if no objection, introduce
ordinance approving MCA-2023-70005 amending
Chapter 4 of Title 9 of
the Thousand
Oaks Municipal Code.
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