TO:Andrew P. Powers, City Manager
FROM:Kelvin Parker, Community Development Director
DATE:February 25, 2025
SUBJECT: Accessory Dwelling Unit Regulations Update (MCA 2024-70005) RECOMMENDATION:
1. Find that the update of the City’s Accessory Dwelling Unit 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 Division 1 of Title 7 of the California Government Code.
2. Read in title only, further reading be waived, and if no objection, introduce an ordinance approving Municipal Code Amendment 2024-70005 amending Title 9, Chapter 4 of the Thousand Oaks Municipal Code.
LEVINE ACT ITEM: No
FINANCIAL IMPACT:
No Additional Funding Requested. Staff time to prepare and process the Municipal Code Amendment (MCA) and the cost of providing public hearing notices is included in the Adopted FY 2024-25 General Fund Budget.
BACKGROUND:
City Council last updated the City’s Accessory Dwelling Unit (ADU) ordinance in October 2024 to amend Title 9, Chapter 4 of the Thousand Oaks Municipal Code (TOMC) by repealing Section 9-4.2521 regarding ADUs and Junior Accessory Dwelling Units (JADUs) and replaced it with 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 created new regulations dedicated to ADUs and JADUs and includes updates to the development
Accessory Dwelling Unit Regulations Update (MCA 2024-70005) February 25, 2025
standards and entitlement process for ADUs and JADUs. Since then, Assembly Bill (AB) 2533 and Senate Bill (SB) 1211, which amended the State’s ADU law, took effect on January 1, 2025. The new laws and clarified regulations have been incorporated into the ordinance recommended for adoption by the Planning Commission. Further details are provided in the Planning Commission staff report in Attachment #1.
Planning Commission
The MCA for the ADU ordinance update was presented to the Planning Commission on January 13, 2025, for review and recommendation. The staff report for the Planning Commission, as well as the Planning Commission resolution, and redlined draft ordinance (Attachment #1), provide a detailed discussion of the updates and changes to the City’s ADU ordinance.
After receiving the staff presentation, one public comment opposed to the amendment was received. After holding deliberations on the matter, the Planning Commission voted to recommend approval, as recommended by staff, with no changes made during the motion. The motion passed with a 3-0 vote, with two commissioners absent.
DISCUSSION/ANALYSIS:
Summary of Proposed Changes
SB 1211 and AB 2533 were signed into law and effective as of January 1, 2025.
The proposed ordinance (Attachment #2) amends Title 9, Chapter 4 of the TOMC by updating the definitions section, permitted use matrix, and various sections of Article 45, the ADU ordinance article. The proposed MCA would provide updated City procedures and development standards for ADUs and JADUs and ensure that the development standards are consistent with current State law.
SB 1211 amended State law to:
1. Prohibit local agencies from requiring replacement parking when an uncovered parking space is demolished for, or converted to, an ADU;
2. Add a definition of “livable space” as a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation; and
3. Increase the number of detached ADUs for lots with an existing multifamily dwelling from two to eight, or the number of existing units on the lot, whichever is less.
Accessory Dwelling Unit Regulations Update (MCA 2024-70005) February 25, 2025
AB 2533 primarily focuses on information dissemination regarding the legalization of unpermitted ADUs and does not explicitly mandate changes to local zoning codes if local zoning codes are not in conflict with the updated state regulations.
The TOMC is already in compliance and therefore, no changes related to this assembly bill are proposed. More specifically, AB 2533 amended State law to:
1. State that local agencies cannot deny a permit to legalize an unpermitted ADU or JADU constructed before January 1, 2020, even if it does not comply with building standards unless correcting the violation is necessary to protect public health and safety of occupants or fails to abide by local regulations governing ADUs or JADUs.
2. State that the property owner applying for a permit to legalize 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 comply with Health and Safety Code section 17920.3 (Substandard Buildings);
3. State that the local agency is prohibited from penalizing an applicant for having an unpermitted unit;
4. Require the local agency to approve necessary permits to correct noncompliance with health and safety standards;
5. Allow that, upon receiving an application for a permit to legalize 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; and
6. Require the local agency to provide information to the public about limits on local regulation, sub-standard building criteria, and pre-application inspections.
City policies, procedures, and online informational materials have been updated per these regulations.
In addition to minor language clarifications, staff recommends a new change not reviewed by the Planning Commission on January 13, 2025. Staff recommends renaming Section 9-4.4513 from "Statewide Exemption ADUs" to "State-Mandated ADUs" for a more accurate description of the permitting process.
General Plan Consistency
The City’s General Plan includes goals and policies to guide future development, as follows:
•Housing Element Goal 1: Provide a wide range of housing opportunities for persons of all income levels.
•Housing Element Goal 2: Provide housing opportunities for persons with special needs.
•Housing Element Goal 3: Affirmatively further fair housing.
Accessory Dwelling Unit Regulations Update (MCA 2024-70005) February 25, 2025
•Land Use Element Goal 3: Promote diversity of housing types for Thousand Oaks residents through all stages of life.
•Land Use Element Goal 4: Support the creation of safe, affordable, and sanitary housing for all ages, income levels, and abilities.
The adoption and implementation of the proposed MCA is consistent with the City’s General Plan by allowing for the development of ADUs within single-family and multi-family residential zones while minimizing negative impacts on the existing residential neighborhoods and maintaining consistency with state law.
Community Outreach
Notification for this hearing and the Planning Commission hearing was completed in compliance with the TOMC and the Government Code.
Environmental Review
The project has been determined to be exempt from the requirements of CEQA pursuant to Public Resources Code Section 21080.17 which specifically finds that CEQA does not 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 Division 1 of Title 7 of the California Government Code.
COUNCIL GOAL COMPLIANCE:
Meets the following City Council goals:
A. Create a more equitable, accessible, safe, welcoming, and inclusive government and community regardless of race, color, ethnicity, religion, sex, physical or mental ability, sexual orientation, gender identity and expression, age, language, education, and/or socio-economic status.
B. Provide municipal government leadership which is open and responsive to residents, and is characterized by ethical behavior, stability, promoting public trust, transparency, confidence in the future, and cooperative interaction among civic leaders, residents, business representatives, and staff, while recognizing and respecting legitimate differences of opinion on critical issues facing the City.
PREPARED BY: Justine Kendall, Senior Planner
Attachments:
Attachment #1 – Planning Commission Staff Report, Resolution, and Municipal Code Amendment with Track Changes
Attachment #2 – Municipal Code Amendment Ordinance
cdd:660-21\jk\H:\COMMON\City Council\CC Agenda Items\2025\02252025\ADU Ord Update MCA 2024-70005\Staff Report.docx