TO: Planning Commission
FROM: Kelvin Parker, Community Development Director
DATE: January 13, 2025
SUBJECT: Municipal Code Amendment (MCA) 2024-70005
APPLICANT: City of Thousand Oaks
LOCATION: Citywide
REQUEST:
To amend Title 9, Chapter 4 of the Thousand Oaks Mun icipal Code (TOMC) relating to the regulation of Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) by updating Article 2, Section 9-4.202. Definitions, Article 21, Section 9-4.2104. Permitted use matrix-Residential Zones and Article 45, Sections 9-4.4505. Location and Number of ADUs, 9-4.45 06. Development Standards, 9-4.4507. Objective Design Standards, 9-4.450 8. Parking, and 9-4.4513. Statewide Exemption ADUs to implement recently adopted State law.
RECOMMENDATION:
That the Planning Commission adopt Resolution (Attachme nt #1) based on the findings contained therein to:
1. Find that the update of the City’s ADU regulations is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to 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 Article 2 (commencing with Section 66314 ) or Article 3 (commencing with Section 66333) of Chapter 13 of Divisi on 1 of Title 7 of the California Government Code; and
2. Recommend to the City Council adoption of the updat ed ADU Ordinance in order to comply with State law.
$77$&+0(17
Accessory Dwelling Units (MCA-2024-70005)
January 13, 2025
PLANNING COMMISSION REVIEW:
Under the City of Thousand Oaks Municipal Code (TOMC) and State law, Planning Commission is required to review, conduct a public hearing on, consider, and make recommendations to the City Council regarding the Proposed Ordinance. The City Council, at a subsequent public hearing, will consider P lanning Commission’s recommendations and decide whether to adopt, not adopt , or adopt with modifications to the Proposed Ordinance.
BACKGROUND:
The City’s ADU ordinance was most recently updated by Ci ty Council in October 2024. On September 2024, the Governor signed Assembly Bi ll (AB) 2533 and Senate Bill (SB) 1211, amending State accessory dwellin g unit (ADU) law. Both bills became effective January 1, 2025. The new and cla rified regulations have been incorporated into the proposed ordinance update (Attachment #2) and are discussed in more detail below in this staff report.
The 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. Furthermore, the proposed ADU/ JADU regulations will help maintain as much local contro l as permitted under the laws.
SUMMARY OF PROPOSED AMENDMENTS:
Senate Bill (SB) 1211 and Assembly Bill (AB) 2533 were signed into law and effective as of January 1, 2025. SB 1211 amends State law to:
(1) prohibit local agencies from requiring replacement p arking when an uncovered parking space is demolished for, or converted to, an ADU; (2) add a definition of “livable space”; and
(3) increase the number of detached ADUs for lots with a n existing multifamily dwelling from two to eight, or the number of existing units on the lot, whichever is less.
AB 2533 amends State law regarding the legalization of unpermitted ADUs. Under existing law, local agencies may only deny a permit to legalize an unpermitted ADU constructed before January 1, 2018, if the denial is necessary to protect the health and safety of the occupants. AB 2533 amends State law to:
Accessory Dwelling Units (MCA-2024-70005)
January 13, 2025
(1) State that local agencies cannot deny a permit to le galize an unpermitted ADU or JADU constructed before January 1, 2020, even if i t does not comply with building standards, unless correcting the violation is necessary to protect public health and safety of occupants or fail s to abide by local regulations governing ADUs or JADUs.
(2) The property owner applying for a permit to legali ze an unpermitted ADU or JADU shall not be required to pay impact fees or connection or capacity charges except where utility infrastructure is necessary to com ply with Health and Safety Code section 17920.3 (Substandard Buildings); (3) The local agency is prohibited from penalizing an a pplicant for having an unpermitted unit, It requires the local agency to approve necessary permits to correct noncompliance with health and safety standard s and provide information to the public about limits on local regul ation, sub-standard building criteria, and pre-application inspections; and (4) Upon receiving an application for a permit to legal ize an unpermitted ADU or JADU, an inspector from the local agency may inspect the unit for compliance with Health and Safety standards and provide recommendations to comply with these standards.
AB 2533 does not explicitly mandate changes to local zonin g codes. However, it does require local agencies to align their ordinance wi th state law. AB 2533 primarily focuses on information dissemination and ensuring local agencies update their ordinances to comply with updated state regulation s related to ADUs and JADUs.
The following table outlines the specific amendments ma de by SB 1211 to State law and highlights the corresponding update to the zon ing code. In addition, several changes are proposed to improve readability and cl arification from the California Department of Housing and Community Develo pment. Table 1 below provides a detailed summary of these changes for reference and Attachment #3 provides the proposed Ordinance in redline.
Accessory Dwelling Units (MCA-2024-70005)
January 13, 2025
Table 1: Current and Proposed Text Regulations
Code Reference Curre nt TO MC Language Reason for Change Proposed Change Article 2, Sec.
9-4.202
None SB 1211 “Livable space” means a space in a dwelling intended for human habitation, including living,
sleeping, eating, cooking, or sanitation.
Sec. 9-
4.4505(a)(1) and
(2) and Section
9-4.2104
The current ordinance allows ADUs
and JADUs within the Trailer Park
Development (TPD) zone.
Per HCD clarification,
local agencies are not
required to allow
ADUs or JADUs
within trailer park
developments.
The ordinance removes any reference to the
TPD zone, prohibiting ADUs and JADUs within
the Trailer Park Development (TPD) zone.
Section 9-4-
4506(e)(3)
States: “An accessory structure,
including a demolished and
reconstructed structure, that is being
fully or partially converted to a
detached ADU, may be expanded
by up to 150 square feet to
accommodate ingress and egress,
so long as such expansion does not
increase a nonconformity of the
structure.”
Correction to comply
with State law.
“An accessory structure, including a
demolished and reconstructed structure, that is
being fully or partially converted to a detached
ADU, may be expanded by up to 150 square
feet to accommodate ingress and egress , so
long as such expansion does not increase a
nonconformity of the structure.”
Section 9-4-
4507(c)(5)(iv)
States: “Architectural details which
provide visual interest such as
awnings, ornamental light fixtures,
window shutters, columns, cornices,
moldings, trellises etc. Window
shutters if used must be
proportionately sized to the height
and width of the window.”
Correction to comply
with State law which
states all standards
must be objective.
“Architectural details which provide visual
interest such as awnings, ornamental light
fixtures, window shutters, columns, cornices,
moldings, trellises etc. Window shutters if used
must be proportionately sized to the height and
width of the window.”
Accessory Dwelling Units (MCA-2024-70005)
January 13, 2025
Code Reference Curre nt TO MC Language Reason for Change Proposed Change Section 9-4-
4508(b)
States: “ADU parking spaces are
required in addition to those required
for the primary dwelling on the lot.
Provided however that when a
garage, carport, or covered parking
structure is demolished or converted
in conjunction with the construction
of an ADU, those parking spaces are
not required to be replaced.”
SB 1211 “ADU parking spaces are required in addition
to those required for the primary dwelling on
the lot. Provided however that when a garage,
carport, or covered parking structure
, or
uncovered parking space is demolished or
converted in conjunction with the construction
of an ADU, those parking spaces are not
required to be replaced.”
Section 9-4-
4513(a)
States: “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:
Statewide Exemption ADUs: An
application for a new ADU or JADU
that satisfies each of the applicable
standards below shall be approved
by the city following a ministerial
review for compliance. An ADU or
JADU that complies with each of the
general requirements listed below is
allowed with a building permit as
described within this Article.”
Clarifying language
for readability.
“A local agency The City shall ministerially
approve an application for a building permit
within a residential or mixed-use zone to create
any of the following:
Statewide Exemption
ADUs: An application for a new ADU or JADU
that satisfies each of the applicable standards
below shall be approved by the city following a
ministerial review for compliance. An ADU or
JADU that complies with each of the general
requirem ents listed below is allowed with a
building permit as described within this Article.”
Section 9-4-
4513(a)(3)
States: “Conversions on lots with
existing multifamily dwellings:
Multiple ADUs within portions of
existing multifamily dwelling
structures that are not used as
SB 1211 “Conversions on lots with existing multifamily
dwellings: At least one ADU, and up to 25
percent of the existing multifamily dwelling
units, Multiple ADUs within portions of existing
multifamily dwelling structures that are not
Accessory Dwelling Units (MCA-2024-70005)
January 13, 2025
Code Reference Curre nt TO MC Language Reason for Change Proposed Change livable space, including but not
limited to storage rooms, boiler
rooms, passageways, attics,
basements, or garages, if each
converted ADU complies with state
building standards for dwellings.”
used as livable space, including but not limited
to storage rooms, boiler rooms, passageways,
attics, basements, or garages, if each
converted ADU complies with state building
standards for dwellings.”
Section 9-4-
4513(a)(4)
States: “The applicant may build at
least one ADU within an existing
multifamily dwelling, and up to the
number of ADUs that equals twenty-
five (25) percent of the existing
number of multifamily dwelling units
in the structure. Detached ADUs on
lots with existing multifamily
dwellings. No more than two (2)
detached ADUs on a lot that has an
existing multifamily dwelling if each
detached ADU satisfies the following
limitations:
(i) The side- and rear-yard
setbacks are at least four (4)
feet. If the existing
multifamily dwelling has a
rear or side setback of less
than four feet, the local
agency shall not require any
modification of the existing
multifamily dwelling as a
condition of approving the
SB 1211 (1) The applicant may build at least one
ADU within an existing multifamily
dwelling, and up to the number of ADUs
that equals twenty- five (25) percent of
the existing number of multifamily
dwelling units in the structure. Detached
ADUs on lots with existing multifamily
dwellings. No more than two (2)
detached ADUs on a lot that has an
existing multifamily dwelling if Detached
ADUs on multifamily lots with existing
multifamily dwelling: Not more than
eight (8) detached ADUs, or as many
ADUs as there are existing units on the
lot, whichever is less, provided that
each detached ADU satisfies the
following limitations:
(i) The side- and rear-yard setbacks
are at least four (4) feet. If the
existing multifamily dwelling has a
rear or side setback of less than
four feet, the local agency shall not
require anyno modification of the
Accessory Dwelling Units (MCA-2024-70005)
January 13, 2025
Code Reference Curre nt TO MC Language Reason for Change Proposed Change application to construct an
accessory dwelling unit that
satisfies the requirements of
this paragraph.”
existing multifamily dwelling as a
condition of approving the
application to construct an
accessory dwelling unit that
satisfies the requirements of this
paragraphis required.
Section 9-4-
4513(a)(5)
None SB 1211 “(5) Detached ADUs on lot with proposed
multifamily dwelling: Not more than two (2)
detached ADUs, provided that each detached
ADU satisfies the following limitations:
(i) The side- and rear-yard setbacks are at
least four (4) feet.
(ii) The gross floor area is eight hundred
(800) square feet or smaller; and
(iii) The roof peak height above grade is
sixteen (16) feet or less for single story
dwellings.
(iv) The roof peak height above grade is
eighteen (18) feet or less for multistory
dwellings.”
Accessory Dwelling Units (MCA-2024-70005)
January 13, 2025
GENERAL PLAN CONSISTENCY:
The General Plan includes goals and polices that support the promotion of ADUs in the City, including Goal LU-3 of the Land Use Elem ent (Policies 3.1 and 3.2) and Goal 1 of the 2021-2029 Housing Element.
Goal LU-3 advocates for diverse housing types and housing for different life stages and incomes. Similarly, Goal 1 of the Housing Element encourages the provision of a wide range of housing opportunities for persons of all income levels. The construction of ADUs supports the availability of appropria te, affordable housing for all age groups and low- and middle-income famili es. The promotion of ADUs will contribute towards the production of a wide range of housing opportunities for persons of all income levels in the community and contribute to the City’s Regional Housing Needs Assessment allocation.
Therefore, the proposed MCA is consistent with City’s adopted General Plan 2045 and 2021-2029 Housing Element and is necessary to maintai n certification of the City’s 2021-2029 Housing Element.
ENVIRONMENTAL REVIEW:
The project has been determined to be exempt from th e requirements of the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21080.17 which specifically finds that CEQA does n ot apply to the adoption of an ordinance relating to accessory dwelling units by a city to implement the provisions of Article 2 (commencing with Section 66314 ) or Article 3 (commencing with Section 66333) of Chapter 13 of Divisio n 1 of Title 7 of the California Government Code.
PUBLIC CORRESPONDENCE:
Staff has not received public comments related to this municipal code amendment.
CONCLUSION:
The proposed updates to the ADU Ordinance address in consistencies between the City’s local ADU/JADU development standards and th e amended State ADU/ JADU laws. Moreover, updating the ADU ordinance is essential for maintaining the City’s Housing Element certification with the California Department of Housing and Community Development (HCD). The proposed ordinance u pdate will support responsible development of new housing units, creating ad ditional housing opportunities and diverse building types. This will help the City meet its City’s Regional Housing Needs Allocation (RHNA) while establish ing development standards that preserve and protect the character of exist ing residential neighborhoods and maintain as much local control as permitted under the law.
Accessory Dwelling Units (MCA-2024-70005)
January 13, 2025
PREPARED BY: Justine Kendall, Senior Planner
Attachments:
Attachment #1 – Resolution
Attachment #2 – Municipal Code Amendment Ordinance
Attachment #3 – Municipal Code Amendment with track changes Attachment #4 – Public Correspondence
cdd:660-21/jk/H:COMMON/Planning Commission/Agenda Packet/2025/20250113/ADU Ord Update/07A ADU Update MCA 2024-70005 Staff Report.docx/pz [FILE ID: MCA 2024-70005]
$77$&+0(17V
7RWKH3&3DFNHW
7RDYRLGGXSOLFDWLRQ
$WWDFKPHQWWRWKH3&3DFNHW'UDIW3ODQQLQJ&RPPLVVLRQ5HVROXWLRQKDV EHHQUHSODFHGZLWKWKHILQDO3ODQQLQJ&RPPLVVLRQ5HVROXWLRQ )RU5HVROXWLRQ([KLELW$ 'UDIW2UGLQDQFHVHH&LW\&RXQFLO3DFNHW$WWDFKPHQW2UGLQDQFH $WWDFKPHQWWRWKH3&3DFNHW'UDIW2UGLQDQFH VHH&LW\&RXQFLO 3DFNHW$WWDFKPHQW2UGLQDQFH
cdd:660-21\jk\H:\COMMON\Planning Commission\Agenda Packet\2025\20250113\ADU Ord Update\07A ADU Ord Update MCA 2024-70005 Attachment 1 Resolution.docx\pz [FILE ID: MCA 2024-70005]
CITY OF THOUSAND OAKS
PLANNING COMMISSION
RESOLUTION NO. 01-2025 PC
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF THOUSAND OAKS
RECOMMENDING APPROVAL OF A MUNICIPAL
CODE AMENDMENT AMENDING THE THOUSAND
OAKS MUNICIPAL CODE RELATING TO THE
REGULATION OF ACCESSORY DWELLING UNITS
(ADUS) AND JUNIOR ACCESSORY DWELLING
UNITS (JADUS) BY UPDATING TITLE 9, CHAPTER
4, ARTICLE 2, SECTION 9-4.202. DEFINITIONS,
ARTICLE 21, SECTION 9-4.2104. PERMITTED USE
MATRIX-RESIDENTIAL ZONES AND ARTICLE 45,
SECTIONS 9-4.4505. LOCATION AND NUMBER OF
ADUS, 9-4.4506. DEVELOPMENT STANDARDS, 9-
4.4507. OBJECTIVE DESIGN STANDARDS, 9-
4.4508. PARKING, AND 9-4.4513. STATEWIDE
EXEMPTION ADUS TO IMPLEMENT RECENTLY
ADOPTED STATE LAW
Applications: MCA-2024-70005
Applicant: City of Thousand Oaks
Location: Citywide
SECTION 1
The Planning Commission of the City of Thousand Oaks, C alifornia DOES RESOLVE AS FOLLOWS:
WHEREAS, on December 5, 2023, the City of Thousand Oaks City Council adopted the revised 6 th Cycle Housing Element (2021-2029) and Goal 1 promotes the diversity of housing for different life stages and incomes; cdd:660-21\jk\H:\COMMON\Planning Commission\Agenda Packet\2025\20250113\ADU Ord Update\07A ADU Ord Update MCA 2024-70005 Attachment 1 Resolution.docx\pz [FILE ID: MCA 2024-70005]
WHEREAS, the State has identified housing shortage as a n issue of statewide significance, and the California legislature has enacted a series of laws to streamline housing production;
WHEREAS, California Government Code Section 66314 au thorizes cities to provide for the creation and regulation of accessory dw elling units and junior accessory dwelling units;
WHEREAS, on October 22, 2024 an ordinance of the City Council of the City Of Thousand Oaks was adopted, amending the Thousand Oaks Municipal Code relating to the regulation of accessory dwelling units by removing Section 9-
4.2521, amending Article 25 Sections 9-4.2509.5, 9- 4. 2501(A)(3), 9-4.2509(A), Article 22 Section 9- 4.2202(A), Article 21 Section 9-4 .2104, Article 24 Section 9-
4.2402, Article 2 Section 9-4.202, and adding Article 45 Sections 9-4.4501 Through 9-4.4513 (MCA-2023-70005);
WHEREAS, in September 2024, Senate Bill (SB) 1211 a nd Assembly Bill (AB) 2533 were signed into law by the Governor to make a number of changes to State law governing ADUs and JADUs. As a result of thes e changes, the City’s ADU ordinance will be in conflict with State law when SB 1211 and AB 2533 become effective on January 1, 2025;
WHEREAS, the Planning Commission finds that the proposed amendment to the municipal code is exempt from the requirements o f the California Environmental Quality Act (CEQA), pursuant to Public R esources Code Section 21080.17 which specifically finds that CEQA does not app ly to the adoption of an ordinance by a city to implement the provisions of Arti cle 2 (commencing with Section 66314) or Article 3 (commencing with Section 663 33) of Chapter 13 of Division 1 of Title 7 of the California Government Code; WHEREAS, the Planning Commission, upon giving the required notice, did, on the 13 th day of January 2025, conduct a duly-advertised public hear ing as prescribed by law to consider said Amendments; and
WHEREAS, at the January 13, 2025, Planning Commission public hearing, oral and written evidence, including a staff report, we re presented and received, and arguments were heard from all interested parties appearing in the matter.
NOW, THEREFORE, BE IT RESOLVED that said MCA-2024-70 005 is recommended to City Council for approval.
cdd:660-21\jk\H:\COMMON\Planning Commission\Agenda Packet\2025\20250113\ADU Ord Update\07A ADU Ord Update MCA 2024-70005 Attachment 1 Resolution.docx\pz [FILE ID: MCA 2024-70005]
SECTION 2
WHEREAS, the findings of the Planning Commission for r ecommending approval of said Municipal Code Amendment application MCA 2024-70005 are as follows:
1. “The project is consistent with the Thousand Oaks General Plan and any applicable specific plan or redevelopment plan” per TO MC Sec. 9-
4.2803(c)(1).
The proposed Municipal Code Amendment (MCA) is consiste nt with the following Goals and Policies of General Plan 2045, incl uding Goal LU-3 of the Land Use Element (Policies 3.1 and 3.2) and Goal 1 of the 2021-2029 Housing Element. Goal LU-3 advocates for diverse housing types and housing for different life stages and incomes. Similarl y, Goal 1 of the Housing Element encourages the provision of a wide rang e of housing opportunities for persons of all income levels. The const ruction of ADUs supports the availability of appropriate, affordable housing for all age groups and low- and middle-income families. The promotion of ADUs will contribute towards the production of a wide range of housing opportunities for persons of all income levels in the community and contribute to t he City’s Regional Housing Needs Assessment allocation. Therefore, the propo sed MCA is consistent with City’s adopted General Plan 2045 and 20 21-2029 Housing Element and is necessary to maintain certification of th e City’s 2021-2029 Housing Element.
2. “The project complies with all applicable laws, regul ations, and policies, including the Thousand Oaks Municipal Code” per TOMC Se c. 9-
4.2803(c)(2).
The proposed MCA complies with all applicable laws, r egulations, and policies as the project consists of regulatory amendments to update the ADU Ordinance to comply with California Government Code s, create consistency between the General Plan Policy and the Municipal Code, and comply with Housing Element Law. Therefore, the propos ed MCA is consistent with all applicable laws, regulations, and policies and meets this finding.
3. “The project will not be detrimental to the public health, safety or general welfare” per TOMC Sec. 9-4.2803(c)(3).
cdd:660-21/jk/H:COMMON/Planning Commission/Agenda Packet/2025/20250113/ADU Ord Update/07A ADU Ord Update MCA 2024-70005 Attachment 3 Redlined Ord.docx /pz [FILE ID: MCA 2024-70005]
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
THOUSAND OAKS AMENDING THE THOUSAND OAKS
MUNICIPAL CODE RELATING TO THE REGULATION OF
ACCESSORY DWELLING UNITS (ADUS) AND JUNIOR
ACCESSORY DWELLING UNITS (JADUS) BY UPDATING
TITLE 9, CHAPTER 4, ARTICLE 2, SECTION 9-4.202.
DEFINITIONS, ARTICLE 21, SECTION 9-4.2104.
PERMITTED USE MATRIX-RESIDENTIAL ZONES AND
ARTICLE 45, SECTIONS 9-4.4505. LOCATION AND
NUMBER OF ADUS, 9-4.4506. DEVELOPMENT
STANDARDS, 9-4.4507. OBJECTIVE DESIGN
STANDARDS, 9-4.4508. PARKING, AND 9-4.4513.
STATEWIDE EXEMPTION ADUS TO IMPLEMENT
RECENTLY ADOPTED STATE LAW (MCA-2024-70005)
The City Council of the City of Thousand Oaks does hereby ordain as follows:
Part 1
Title 9, Chapter 4, Article 2, Section 9-4.202. Definitions is amended to add:
“Livable space” means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.
Part 2
Title 9, Chapter 4, Article 21, Section 9-4.2104. Permitted use matrix – Residential zones is amended as follows:
Land Use
Category
Residential Zoning Classifications
R-
A
R-
E
R-
O
R-
1 R-
2 R-
3 RPD RPD -
SFD HPD HPD -
SFD TPD
Residential Zone Accessory Uses
Accessory
dwelling units,
per Article 45
P P P P P P P P P P
P
ATTACHMENT #3
7RWKH3&3DFNHW
cdd:660-21/jk/H:COMMON/Planning Commission/Agenda Packet/2025/20250113/ADU Ord Update/07A ADU Ord Update MCA 2024-70005 Attachment 3 Redlined Ord.docx /pz [FILE ID: MCA 2024-70005]
Part 3
Title 9, Chapter 4, Article 45, Section 9-4.4505. L ocation and Number of ADUs, subsections (a)(1) and (2) are hereby amended to read as follows:
(a) Single Family Zones
(1) ADUs may be constructed on any lot in the R-A, R-E, R-O, R-1, RPD, TPD, or HPD zone that is improved with one existing or propo sed primary dwelling unit, subject to the requirements of this Section. (2) Lots in the R-A, R-E, R-O, R-1, RPD, TPD, or HPD zone may have a maximum of one JADU and one ADU that is either attach ed to, or located within, the proposed or existing primary dwelli ng, including attached garages, storage areas, or similar uses, or an accessory structure or detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing prima ry dwelling, including detached garages or detached from the primary dwelling unit.
Part 4
Title 9, Chapter 4, Article 45, Section 9-4-4506. Development Standards, subsection (e)(3) is hereby amended to read as follows:
(e) Conversion of Existing Structures
(3) An accessory structure, including a demolished and rec onstructed structure, that is being fully or partially converted to a detached ADU, may be expanded by up to 150 square feet to accommodate ingress and egress
, so long as such expansion does not increase a nonconform ity of the structure . Any new construction proposed for ingress/egress must be setback from the side and rear yards at least four (4) feet and have a maximum height that matches the accessory structure or 16 feet, whichever is less.
Part 5
Title 9, Chapter 4, Article 45, Section 9-4-4507. Objective Design Standards, subsection (c)(5)(iv) is hereby amended to read as follows:
(iv) Architectural details which provide visual interest suc h as awnings, ornamental light fixtures, window shutters, columns, corn ices, moldings, trellises etc.
Window shutters if used must be proportionately sized to the height and width of the window.
Part 6
Title 9, Chapter 4, Article 45, Section 9-4-4508. Parking, subsection (b) is hereby amended to read as follows:
cdd:660-21/jk/H:COMMON/Planning Commission/Agenda Packet/2025/20250113/ADU Ord Update/07A ADU Ord Update MCA 2024-70005 Attachment 3 Redlined Ord.docx /pz [FILE ID: MCA 2024-70005]
(b) ADU parking spaces are required in addition to th ose required for the primary dwelling on the lot. Provided however that when a garage, carport, or covered parking structure , or uncovered parking space is demolished or converted in conjunction with the construction of an ADU , those parking spaces are not required to be replaced.
Part 7
Title 9, Chapter 4, Article 45, Section 9-4-4513. Statewide Exemption ADUs is hereby amended to read as follows:
Sec. 9-4.4513. Statewide Exemption ADUs
(a)
A local agency The City shall ministerially approve an application for a building permit within a residential or mixed-use zone to create any of the following: Statewide Exemption ADUs: An application for a new ADU or JADU that satisfies each of the applicable standards bel ow shall be approved by the city following a ministerial review for compliance. An ADU or JADU that complies with each of the general requi rements listed below is allowed with a building permit as described within this Article. (1) Conversions on single-family lots: One ADU and one JADU on a lot with a proposed or existing single-family dwelling on it, w here the ADU or JADU:
i) Is either: within the space of a proposed single-fam ily dwelling; within the existing space of an existing single-family dw elling; or in the case of an ADU only, within the existing space of a n existing accessory structure, plus up to one hundred fifty ( 150) additional square feet if the expansion is limited t o
accommodating ingress and egress;
ii) Has exterior access that is independent of that for th e single- family dwelling; and
iii) Has side and rear setbacks sufficient for fire and sa fety, as dictated by applicable building and fire codes.
iv) The JADU complies with the requirements as described in this article.
(2) A newly constructed detached ADU on single-family lo ts: One (1) detached, new-construction ADU on a lot with a propos ed or existing single-family dwelling (in addition to any JADU that m ight otherwise be established on the lot under subsection 1.i. above), if the detached ADU satisfies the following limitations:
(i) The side- and rear-yard setbacks are at least four (4) feet; (ii) The gross floor area is eight hundred (800) square feet or smaller; and
(iii) The roof peak height above grade is sixteen (16) f eet or less. (3) Conversions on lots with existing multifamily dwelli ngs: At least one ADU, and up to 25 percent of the existing multifamily d welling units,
cdd:660-21/jk/H:COMMON/Planning Commission/Agenda Packet/2025/20250113/ADU Ord Update/07A ADU Ord Update MCA 2024-70005 Attachment 3 Redlined Ord.docx /pz [FILE ID: MCA 2024-70005]
Multiple ADUs within portions of existing multifamily dwelling structures that are not used as livable space, including but not li mited to storage rooms, boiler rooms, passageways, attics, basements, or gara ges, if each converted ADU complies with state building standards f or dwellings.
(4) The applicant may build at least one ADU within an exist ing multifamily dwelling, and up to the number of ADUs that equals tw enty-five (25) percent of the existing number of multifamily dwelling units in the structure. Detached ADUs on lots with existing multifamily dwellings. No more than two (2) detached ADUs on a lot that has an e xisting multifamily dwelling if Detached ADUs on multifamily lots with existing multifamily dwelling: Not more than eight (8) detached ADUs, or as many ADUs as there are existing units on the lot, whichever is less, provided that each detached ADU satisfies the following limitations:
(i) The side- and rear-yard setbacks are at least four (4 ) feet. If the existing multifamily dwelling has a rear or side setback of less than four feet, the local agency shall not require anyno modification of the existing multifamily dwelling as a condition of approving the application to construct an accessory dwelling unit that satisfies the requirements of this paragraphis required . (i) The gross floor area is eight hundred (800) square feet or smaller; and
(ii) The roof peak height above grade is sixteen (16) fe et or less for single story dwellings.
(iii) The roof peak height above grade is eighteen (1 8) feet or less for multistory dwellings.
(5) Detached ADUs on lot with proposed multifamily dwelling: Not more than two (2) detached ADUs, provided that each detached ADU satisfies the following limitations:
(i) The side- and rear-yard setbacks are at least four (4) feet (ii) The gross floor area is eight hundred (800) square feet or smaller; and
(iii) The roof peak height above grade is sixteen (16) f eet or less for single story dwellings.
(iv) The roof peak height above grade is eighteen (18) feet or less for multistory dwellings.
Part 8
(Uncodified)
Severability
If any section, subsection, clause, or phrase of this Ordi nance is for any reason held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaini ng portions of this title; it being
cdd:660-21/jk/H:COMMON/Planning Commission/Agenda Packet/2025/20250113/ADU Ord Update/07A ADU Ord Update MCA 2024-70005 Attachment 3 Redlined Ord.docx /pz [FILE ID: MCA 2024-70005]
hereby expressly declared that this title, and each secti on, subsection, sentence, clause and phrase hereof, would have been prepared, p roposed, adopted, approved and ratified irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared inval id or unconstitutional.
Part 9
(Uncodified)
Effective Date
This Ordinance shall take effect on the thirty-first (31st) day following its final passage and adoption.
PASSED AND ADOPTED THIS ____ day of ___________, 2025, by the following vote:
Ayes:
Noes:
Absent:
________________________________
David Newman, Mayor
City of Thousand Oaks, California
ATTEST/CERTIFY:
__________________________
Laura B. Maguire, City Clerk
Date Attested: _____________
APPROVE AS TO FORM: APPROVE AS TO ADMINISTRATION:
Office of the City Attorney
_________________________ ________________________ ________ Tracy M. Noonan, City Attorney Andrew P. Powers, City Manager
Introduced: XXXX XX, 202X
Published: XXXX XX, 202X
Ordinance No.: XXXX-NS
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the City of Thousand Oaks City Council on the date cited above.
From: Nan Chu
To: Lori Goor
Cc: Justine Kendall
Subject: Preparing for 1/13/25 Public Hearing
Date: Monday, January 6, 2025 11:45:22 PM
Attachments: ADU Public Hearing 011325.pdf
IMG_2072.HEIC
IMG_2089.HEIC
IMG_2122.HEIC
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
Hi, Lori:
I plan to make my formal written and verbal statement against the ADU permit approval rules for the construction of 1.5+ ADUs (literally a triplex) on a single-family property at 3330 Prairie Court, Newbury Park (my next door neighbor.) I have video and photos to demonstrate the noise, mess, traffic congestion, parking jam, public service interference, etc., during the last 2 months of the Holiday season - the worst time of the year for me to endure excessive stress and harassment. A draft of my written statement and a few visual aids are attached for you and Mr.Kendall to preview. I have support from other neighbors for this immediate issue that is downgrading the quality of life on our cud sac. I also plan to bring specific rules to improve the current ADU requirement guidelines which do not address the lengthy construction disturbance, neighborhood safety and parking restrictions.
Could you instruct me how to show my presentation material on the day of Hearing? I can go to your office to test out my visual illustrations via cell phone or USB stick, for me to be taken seriously.
Thanks,
Nan Chu
3338 Prairie Ct, Thousand Oaks, CA 91320
cell 818-448-8094
$77$&+0(17
7RWKH3&3DFNHW
Date:! ! January!6,!2025 !
To:! ! Thousand!Oaks!City!Council!Planning!Commi"ee !
From: ! Nan!Chu,!3338!Prairie!Court,!Newbury!Park,!CA!91320,!818-448-8094,! [email protected] ! Topic: ! Input!to!Public!Hearing!on!ADU!Construc#ons!-!City!of!Thousand!Oaks !! !
---!Dra$!---!
My!frustra#on!living!through!my!next!neighbors!mul#ple!ADU!construc#on!can!be!summarized!in!4! points:!!
· A!dis-service!by!the!City!a$er!issuing!mul#ple!ADU!permits!on!a!single-family!property!! · Degraded!quality!of!life!next!to!the!ADU!property!!
· Lower!property!value!due!to!the!presence!of!mul#ple!ADUs! · No!neighborhood!hearing,!prior!to!construc#on,!destroys!the!tranquility!of!life!on!a!cud!sac. ! Videos!and!photos!to!support!the!above!frustra#ons!are!available!upon!request.!T o!further!illustrate:! · A!dis-service!against!neighbors!on!Prairie!Court,!brought!by!the!Citys!ADU!permits!!Thousand! Oaks!City!issued!mul#ple!ADU!permits!for!construc#on!at!3330!Prairie!Court,!Newbury!Park,! which!has!started!since!November!2024.!The!construc#on!has!a%ected!the!living!condi#on!for! the!adjacent!6!homes!around!the!cud!sac,!of!which!I!am!the!primary!vic#m!encountering! construc#on!noise,!conges#on,!jerking!structural!perturba#on,!daily!stress!and!harassment!for! the!last!2!months.!Said!subject!dweller!is!transforming!their!original!single-family!house!into!a! triplex!with!!8+!bedrooms. !!
· This!construc#on!has!degraded!the!quality!of!life!around!the!cud!sac!down!to!an!unpredictable! neighborhood!where!renters!or!outsiders!could!jam!the!limited!parking!space!to!further!invite! unrecognized,!unsanitary,!and!unconven#onal!strangers!-!raising!the!alertness!of!the!neighbors,! while!the!residents!at!3330!Prairie!unapologe#cally!dictate!the!level!of!noise,!ground!shaking,! excessive!dirt,!public!service!interference,!etc.,!throughout.!Foreign!rowdy!workers,!a!suspected! pros#tute,!5+!construc#on!trucks!parked!in!parallel!during!the!day!and!unfamiliar!trucks!parked! alone!my!curb!overnight,!for!unknown!sleeping!accommoda#ons.! ! · The!new!triplex!will!stand!out!abruptly!among!5!single-story!homes,!disharmonize!and! downgrade!the!property!value!of!neighborhood!on!the!cud!sac.!Such!a!humongous!triplex!next! door!becomes!eye!sore.!The!City,!or!the!residents!at!3330!Prairie,!should!be!obligated!to! compensate!the!5!adjacent,!unhappy!neighbors!&nancially!as!their!property!value!would!decline! due!to!the!cramp!ADU+!buildout.!A$er!myself!and!the!neighbor!behind!us!spent!more!than! '100,000!last!year!to!upgrade!our!respec#ve!property,!this!ADU+!buildout!reduces!our!property! value!unexpectedly.!No!one!desires!to!live!next!to!a!huge!wall!or!having!a!structure!right!into! ones!face. !
· Thousand!Oaks!City!Planning!Department!failed!to!hold!neighborhood!hearing!prior!to!the!ADU! permit!approval.!While!ADU!does!not!&t!single-family!dwelling!rules,!the!lack!of!hearing!creates! loopholes!for!uneven!and!unfair!housing!developments.!Case!in!point:!Prairie!Court!cud!sac.! I!would!like!to!suggest!the!City!Planning!Department!expedite!more!substan#al!ADU!rules!to!discourage! abusive!use!of!the!ADU!construc#on!privilege.!Further!environmental!impact!has!yet!to!be!speci&ed!by! the!State!and!local!regula#ons.!Complaints!against!State!ADU!mandates!have!risen!not!just!here,!also!in! San!Diego!and!San!Fernado!Valley.! !
Thousand!Oaks!could!stand!out!as!a!model!city!in!building!ADUs!to!alleviate!housing!shortage,!while! maintaining!her!nature!space,!peace!and!beauty,!if!we!would!work!together!for!a!&ner!neighborhood,! rather!than!allowing!individuals!to!achieve!their!sel&sh!goals!at!the!expense!of!their!neighbors.! Thank!you!for!the!opportunity!to!voice!my!concerns. !
Nan!Chu !
!
Summary of Frustrations
x A dis-service by the City after issuing multiple ADU permits on a single-family property
x Degraded neighbors’ quality of life next to the ADU property x Lower property value due to the presence of multiple ADUs x No neighborhood hearing, prior to construction, destroys the tranquility of life on a cud sac.
Submitted by Ms. Nan Chu
Foundation digging jerked the neighbor’s
range/stove and moved pictures on the wall
Submitted by Ms. Nan Chu
ADU Construction –
6 Trucks Parked in Limited Cud Sac Space
Submitted by Ms. Nan Chu
Constructions trucks block cud sac, garbage
pick up and mail delivery
Submitted by Ms. Nan Chu
Garbage Truck Maneuvering
Submitted by Ms. Nan Chu
Entire cud sac serves the sole construction of
multiple ADUs on this single-family property
Submitted by Ms. Nan Chu
ADU Permit finds loop-holes vs. House Expansion
(ADU as big as the single-family itself while no public hearing is conducted.) Submitted by Ms. Nan Chu
Suggestions to Alleviate Stress and Harassment caused by neighborhood ADU constructions
1. Only 1-story ADU (max height of 12 ft) per property – An ADU is meant for in-laws, children, or transition renters, particularly if the main house is also 1 story, and all single-family dwellings in the adjacent neighborhood are also 1-story high.
2. Minimum yard space of all dwellings on a single pr operty, particularly to leave a reasonable open space in the back yard is suggested ~ 40% of the property.
3. Maximum number of people living on a single property – suggesting 6, particularly considering parking spaces in a cud sac.
4. All adjacent neighbors should be notified and consul ted to assure quality of life is maintained.
5. ADU should be at least 10 ft away from the border w all of the immediate neighbor’s property, with no direct, abrupt obstruction to preserve the prior construction environment.
6. Building obstructions and noise should be mitigated b y vegetation to maintain green and natural scenes after the ADU is in place. Mitigation can include planting tall trees, brushes and flowers along neighbor’s borders.
Submitted by Ms. Nan Chu