cdd:660-21\jk\H:\COMMON\City Council\CC Agenda Items\2025\02252025\ADU Ord Update\ADU Ord Update MCA 2024-70005 Attachment 2 Ordinance.docx\pz [FILE ID: MCA 2024-70005]
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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, SECTION 9-4.4505 LOCATION AND
NUMBER OF ADUS; SECTION 9-4.4506 DEVELOPMENT
STANDARDS; SECTION 9-4.4507 OBJECTIVE DESIGN
STANDARDS; SECTION 9-4.4508 PARKING; AND
SECTION 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:
Residential Zoning Classifications
Land Use
Category 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
ATTACHMENT #2
cdd:660-21\jk\H:\COMMON\City Council\CC Agenda Items\2025\02252025\ADU Ord Update\ADU Ord Update MCA 2024-70005 Attachment 2 Ordinance.docx\pz [FILE ID: MCA 2024-70005]
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Part 3
Title 9, Chapter 4, Article 45, Section 9-4.4505. Location 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, or HPD zone that is improved with one existing or proposed primary dwelling unit, subject to the requirements of this Section. (2) Lots in the R-A, R-E, R-O, R-1, RPD, or HPD zone may have a maximum of one JADU and one ADU that is either attached to, or located within, the proposed or existing primary dwelling, including attached garages, storage areas, or similar uses, or an accessory structure or detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling, including detached garages 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 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. 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 such as awnings, ornamental light fixtures, window shutters, columns, cornices, moldings, trellises etc.
cdd:660-21\jk\H:\COMMON\City Council\CC Agenda Items\2025\02252025\ADU Ord Update\ADU Ord Update MCA 2024-70005 Attachment 2 Ordinance.docx\pz [FILE ID: MCA 2024-70005]
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Part 6
Title 9, Chapter 4, Article 45, Section 9-4-4508. Parking, subsection (b) is hereby amended to read as follows:
(b) ADU parking spaces are required in addition to those required for the primary dwelling on the lot. Provided however that when a garage, carport, 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. State-Mandated ADUs
(a) The City shall ministerially approve an application for a building permit within a residential or mixed-use zone to create any of the following:
(1) Conversions on single-family lots: One ADU and one JADU on a lot with a proposed or existing single-family dwelling on it, where the ADU or JADU:
i) Is either: within the space of a proposed single-family dwelling; within the existing space of an existing single-family dwelling; or in the case of an ADU only, within the existing space of an existing accessory structure, plus up to one hundred fifty (150) additional square feet if the expansion is limited to
accommodating ingress and egress;
ii) Has exterior access that is independent of that for the single- family dwelling; and
iii) Has side and rear setbacks sufficient for fire and safety, 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 lots: One (1) detached, new-construction ADU on a lot with a proposed or existing single-family dwelling (in addition to any JADU that might 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; cdd:660-21\jk\H:\COMMON\City Council\CC Agenda Items\2025\02252025\ADU Ord Update\ADU Ord Update MCA 2024-70005 Attachment 2 Ordinance.docx\pz [FILE ID: MCA 2024-70005]
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(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. (3) Conversions on lots with existing multifamily dwellings: At least one ADU, and up to 25 percent of the existing multifamily dwelling units, within 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, if each converted ADU complies with state building standards for dwellings. (4) 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, no modification of the existing multifamily dwelling ais 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) feet or less for single story dwellings.
(iii) The roof peak height above grade is eighteen (18) 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) feet or less for single story dwellings.
(iv) The roof peak height above grade is eighteen (18) feet or less for multistory dwellings.
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Part 8
(Uncodified)
Severability
If any section, subsection, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this title; it being hereby expressly declared that this title, and each section, subsection, sentence, clause and phrase hereof, would have been prepared, proposed, adopted, approved and ratified irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid 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: _____________
cdd:660-21/jk/H:COMMON/Planning Commission/Agenda Packet/2024/20250113/ADU Ord Update/07A ADU Update MCA 2024-70005 Attachment #2 Municipal Code Amendment.docx /pz [FILE ID: MCA 2024-70005]
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.