TO: Pla
nning Commission
FRO
M: Kelvin Parker, Community Development Director
DATE:
January 26, 2026
SUBJE
CT: Municipal Code Amendment (MCA) 2025-70003
APPL
ICANT: City of Thousand Oaks
LOCAT
ION: Citywide
REQUE
ST:
To am
end Title 9, Chapter 4 of the Thousand Oaks Municipal Code (TOMC) relating to the regulation of Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) by updating Title 9, Chapter 4, Article 45, Accessory Dwelling Units; to align with recent changes in State law.
RECOM
MENDATION:
That t
he Planning Commission adopt Resolution (Attachment #1) based on the findings contained therein to:
1. Find t
hat initiating a Municipal Code Amendment (MCA) for changes to the City’s Zoning Code is an action exempt from 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) [relating to Accessory Dwelling Units] or Article 3 (commencing with Section 66333) [relating to Junior Accessory Dwelling Units] of Chapter 13 of Division 1 of Title 7 of the California Government Code; and
2. Recom
mend to the City Council the adoption of the updated ADU ordinance approving MCA-2025-70003 to amend 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 45, Accessory Dwelling Units; to align with recent changes in State law.
ATTACHMENT #1
Accessory Dwelling Units (MCA-2025-70003)
January 26, 2026
PL
ANNING COMMISSION REVIEW:
Under
the City of Thousand Oaks Municipal Code (TOMC) and State law, the 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 the Planning Commission’s recommendations and decide whether to adopt, not adopt, or adopt with modifications to the proposed ordinance updating the City’s ADU regulations (Proposed Ordinance).
BACKGROUND:
The S
tate of California continues to encourage the production of Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) as a key strategy to address the State’s ongoing housing shortage. Over the past several legislative cycles, the State Legislature has adopted numerous bills intended to reduce regulatory impediments, streamline approval processes, and expand opportunities for homeowners to construct small-scale housing. As a result, cities are required to update their local zoning regulations to maintain consistency with State law.
Ci
ty Council last updated the City’s Accessory Dwelling Unit (ADU) ordinance on February 25, 2025.
On M
arch 5, 2025, the City provided, pursuant to California Government Code Section 66326, a copy of the ordinance to the California Department of Housing and Community Development (HCD) for its review. On September 23, 2025, HCD provided the City with findings indicating that the ordinance fails to comply with State ADU law. In addition, in October 2025, the Governor of California signed new legislation further amending the State ADU law. On December 15,2025, City staff meet with HCD to discuss HCD’s comments on the City’s ADU Ordinance. Further amendment of the ADU Ordinance is required to bring the TOMC into compliance with both existing state law, as determined by HCD, and with new state laws now in effect.
Sum
mary of New Laws
AB 46
2 amends State law related to Coastal Development Permits (CDPs) and disaster-affected areas. It applies to all areas for which the Governor of California has declared a state of emergency. The statute is not limited to coastal areas and applies equally to inland jurisdictions subject to an active emergency declaration.
The protections under this bill include:
Accessory Dwelling Units (MCA-2025-70003)
January 26, 2026
1. Allowing, in disaster -affected areas where the Governor has declared a State of Emergency for the county, a detached ADU to receive a Certificate of Occupancy prior to the primary dwelling, subject to specified conditions.
2. Extending or toll ing certain housing- related approvals, permits, or entitlements that would otherwise expire during the emergency period.
3. Preserving vested development rights and preventing loss of approvals due to circumstances beyond the applicant's control.
4. Temporarily protecting existing approvals affected by the emergency.
AB 11
54 amends State law related to Junior Accessory Dwelling (JADU) Units by:
1. Clarifying that JADUs are allowed within existing or proposed single-family residences and may only be created through the conversion of existing interior space, including bedrooms.
2. Clarifying that one JADU is allowed per residential lot zoned for single- family, whether existing or proposed to be built.
3. Limiting the owner-occupancy requirement to JADUs that share sanitation facilities with the primary dwelling; and
4. Prohibiting JADUs and specified ADUs from being used as short -term rentals (less than 30 days).
SB 9
(2025)1 enforces State oversight of local ADU ordinances by:
1. Providing that an ADU ordinance becomes null and void if it is not timely submitted to HCD or if the City fails to provide HCD a copy of a new or amended ADU ordinance within 60 days or respond to HCD's deficiencies within 30 days.
SB
543 reinforces State oversight of local ADU ordinances by:
2. Requiring local agencies' ADU and JADU ordinances be consistent with state law and California Department of Housing and Community Development (HCD) guidance.
3. Requiring that a local agency submit a copy of the Ordinance within 60 days of adoption.
4. Limiting local agencies’ ability to impose nonobjective standards, procedural barriers, or excessive findings.
5. Reinforc ing statutory processing timelines, including completeness determinations and approval deadlines.
6. Requir ing that a denial be supported by specific, objective , and legally defensible findings that are clearly articulated.
1 Note, SB 9, in this context, refers to “Senate Bill SB 9 (2025) (Sen. Arreguín) – Requires Local Laws to be Consistent with State Laws for ADU Construction” and is not related to the 2021 urban lot split/two-unit development law known commonly as "SB 9." Accessory Dwelling Units (MCA-2025-70003)
January 26, 2026
7. Providing that an ADU ordinance becomes null and void if it is not timely submitted to HCD or if the City fails to respond to HCD findings of noncompliance within the required timeframe.
SB
543 further amends State ADU and JADU law by:
8. Clarifying that statutory size limits and thresholds apply to interior livable space.
9. Revising development impact fee exemptions for ADUs and JADUs based on interior livable space and exempting certain units from school impact fees.
10. Clarifying that multiple ADUs and JADUs created under Government Code section 66323 may be combined on a single lot.
11. Establishing detailed procedural requirements for ADU and JADU applications, including application completeness determinations, resubmittal timelines, and written appeal processes.
The pr
oposed Municipal Code amendments update the City’s procedures and development standards for ADUs and JADUs in response to recent changes in State law. The amendments are intended to maintain ongoing compliance with State requirements while retaining objective local standards permitted to address site design, compatibility, and implementation. The proposed ordinance (Attachment #2) incorporates new and clarified statutory provisions adopted since the City’s February 2025 ADU ordinance update.
SUM
MARY OF PROPOSED AMENDMENTS:
The
proposed ordinance amendment incorporates new and clarified State requirements into the City’s Municipal Code and address comments previously provided by the California Department of Housing and Community Development , as summarized in Table 1. In addition, amendments include several other changes to improve clarity, consistency, defensibility, and readability, including:
• Minor updates to comply with State law or enhance enforcement, such as additions to interior livable space requirements and updates to Objective Design Standards, Parking, and Location and Number of ADUs sections not otherwise detailed in Table 1.
• Organizational changes to improve readability, including relocating the limits of location , state-mandated ADUs, and consolidating provisions related to JADUs.
• General clean -up to remove redundancy and improve consistency and accuracy, including revisions to the Intent and Purpose, Authority, and Preclusion of Minimum Development sections.
Attachment #2 includes the proposed ordinance.
Accessory Dwelling Units (MCA-2025-70003)
January 26, 2026
Table 1: Current and Proposed Text Regulations
Code Reference Current TOMC Requirement Reason for Change Proposed Change Sec. 9-4.4503 None SB 543 Ordinance to include clarified application completeness determination proces s of 15
business days from submittal; 15 days from
resubmission, includes “ written appeal”
process. If for incompleteness determination or
denial (to the Planning Commission) . Th e
scope of the Planning Commission’s review is
limited to determining whether the
determination of incompleteness or denial was
appropriately applied and cited, and must not
involve discretionary review . A final written
determination on the appeal must be provided
within 60 business days of receiving the appeal
Section 9-
4.4510(b)
Short-term rentals apply to JADUs AB 1154 Section is reorganized to be Section 9 -4.4511 and clarifies that short-term rentals of less than
30 days for ADUs and JADUs are prohibited.
Section 9-
4.4510
subsection (c)
Requires property owner occupancy
for lots with JADUs, with exceptions.
Owner-occupancy is not required if
the owner is another governmental
agency, land trust, or housing
organization.
AB 1154 Section is reorganized to be Section 9 -4.4511
and changed text to say: “L imits owner -
occupancy when the JADU shares sanitation
facilities with the primary dwelling, or when the
owner is a governmental agency, land trust, or
housing organization. When a JADU contains
separate sanitation facilities, no owner -
occupancy requirement shall apply, consistent
with California Government Code Section
66333, as amended.”
Accessory Dwelling Units (MCA-2025-70003)
January 26, 2026
GE
NERAL PLAN CONSISTENCY:
The Ge
neral Plan includes goals and polices that support the promotion of ADUs in the City , including 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. 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 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 the City’s Regional Housing Needs Assessment allocation.
Ther
efore, the proposed MCA is consistent with City’s adopted General Plan 2045 and 2021-2029 Housing Element and is necessary to maintain certification of the City’s 2021-2029 Housing Element.
ENVI
RONMENTAL REVIEW:
The pr
oject 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 and junior accessory dwelling units 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.
PUBL
IC CORRESPONDENCE:
Sta
ff has not received public comments related to this municipal code amendment.
CONCL
USION:
The pr
oposed updates to the ADU Ordinance address inconsistencies between the City’s local ADU/JADU development standards and the amended S tate ADU and JADU development standards and amended State law . Adoption of the ordinance is necessary to maintain consistency with State requirements and to preserve the City Housing Element certification with the California Department of Housing and Community Development ( HCD). The proposed amendments support the responsible development of new accessory dwelling units by expanding additional housing opportunities and accommodating a broader range Accessory Dwelling Units (MCA-2025-70003)
January 26, 2026
of housing types . Collectively, these updates will assist the City in meeting its Regional Housing Needs Allocation (RHNA) obligations while retaining as much local discretion as permitted under State law.
PRE
PARED BY: Matthew Mateo, Community Development Technician I Atta
chments:
Attachment #1 – Resolution
Attachment #2 – Municipal Code Amendment Ordinance
cdd:660-21/mm/H:COMMON/Planning Commission/Agenda Packet/2026/20260126/ADU Ord Update/ 07B ADU Update MCA 2025-70003 Staff Report.docx/pz [FILE ID: MCA 2025-70003] T
o avoid duplication, Attachment #1 Planning Commission Draft Resolution has been replaced with the final, signed Planning Commission Resolution No. 2-2026 PC on the following pages.
ATTACHMENT #1
(To the 1/26/2026 PC Packet)
cdd:660-21/mm/H:COMMON/Planning Commission/Agenda Packet/2026/20260126/ADU Ord Update/07B ADU Update MCA-2025-70003 Attach 1-Resolution.docx/pz [FILE ID: MCA 2025-70003]
CITY OF THOUSAND OAKS
PLANNING COMMISSION
RESOLUTION NO. 02-2026 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 45. ACCESSORY DWELLING UNITS TO
BE CONSISTENT WITH STATE LAW
Applications: MCA-2025-70003
Applicant: City of Thousand Oaks
Location: Citywide
SECTION 1
The Planning Commission of the City of Thousand Oaks, California DOES RESOLVE AS FOLLOWS:
WHEREAS, on December 5, 2023, the City of Thousand Oaks City Council adopted the revised 6th Cycle Housing Element (2021-2029) and Goal 1 promotes the diversity of housing for different life stages and incomes; WHEREAS, the State has identified housing shortage as an issue of statewide significance, and the California legislature has enacted a series of laws to streamline housing production;
WHEREAS, California Government Code S ection 66314 authorizes cities to provide for the creation and regulation of accessory dwelling units and junior accessory dwelling units;
cdd:660-21/mm/H:COMMON/Planning Commission/Agenda Packet/2026/20260126/ADU Ord Update/07B ADU Update MCA-2025-70003 Attach 1-Resolution.docx/pz [FILE ID: MCA 2025-70003]
W
HEREAS, the City Council of the City o f Thousand Oaks h as adopted regulations relating to ADUs and JADUs, with these regulations being codified in Title 9, Article 45 of the Thousand Oaks Municipal Code; WHEREAS, the City Council has, from time to time, revised th e City’s regulations for ADUs and JADUs to address changes to state law; WHEREAS, in October 2025, the Governor signed new legi slation further amending State law governing ADUs and JADUs with the adoption of four new bills. As a result of these changes, the City’s ADU ordinance needs to be revised to be consistent with State law;
WHEREAS, the Planning Commission finds that the proposed amendment to the municipal code is exempt fro m 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; WHEREAS, the Planning Commission, upon giving the required notice, did, on the 26
th day of January 2026, conduct a duly advertised public hearing as prescribed by law to consider said Amendments; and
WHEREAS, at the January 26, 2026, Planning Commission public hearing, oral and written evidence, including a staff report, were presented and received, and arguments were heard from all interested parties appearing in the matter.
NOW, THEREFORE, BE IT RES OLVED that said Municipal Code Amendment (MCA) 2025-70003 is recommended to City Council for approval.
SECTION 2
W HEREAS, the findings of the Planning Commission for recommending approval of said Municipal Code Amendment application MCA 2025-70003 are as follows:
1. “The project is consistent with the Thousand Oaks General Plan and any applicable specific plan or redevelopment plan” per TOMC Sec. 9-
4.2803(c)(1).
cdd:660-21/mm/H:COMMON/Planning Commission/Agenda Packet/2026/20260126/ADU Ord Update/07B ADU Update MCA-2025-70003 Attach 1-Resolution.docx/pz [FILE ID: MCA 2025-70003]
T
he proposed MCA is consistent with the following Goals and Policies of General Plan 2045, including 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. 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 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 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 maintain certification of the City’s 2021- 2029 Housing Element.
2. “The project complies with all applicable laws, regulations , and policies, including the Thousand Oaks Municipal Code” per TOMC Sec. 9-
4.2803(c)(2).
The proposed MCA complies with all applicable laws, regulations, and policies as the project consists of regulatory amendments to update the ADU Ordinance to comply with California Government Codes , create consistency between the General Plan Policy and the Municipal Code, and comply with Housing Element Law. Therefore, the proposed 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).
The proposed MCA updates the City’s ADU Ordinance. There is no development proposed as part of this Municipal Code Amendment. Any new construction or major alteration/addition that would be subject to this Ordinance is required to undergo its own separate review, as part of the City’s Development Permit process. Therefore, the proposed code amendment will not be detrimental to the public health, safety , or general welfare and meets this finding.
To avoid duplication, for Attachment #2 Draft Ordinance, see City Council Packet of 3/10/2026 Attachment #2.
ATTACHMENT #2
(To the 1/26/2026 PC Packet)
THOUSAND OAKS
PLANNING COMMISSION
Supplemental
Information
Packet 1
January 23, 2026
Agenda Related Items
Meeting of January 26, 2026
Supplemental Information:
Any agenda-related public documents received and distributed to a majority of the Planning Commission after the Agenda Packet is printed are included in Supplemental Packets. Supplemental Packets are produced as needed, typically they are distributed on t he Thursday or Friday preceding the Planning Commission meeting and/or on Monday before the meeting. Supplemental Packets on Thursday or Friday are available for public inspection in the Community Development Department, 2100 East Thousand Oaks Boulevard, during normal business hours (main location pursuant to the Brown Act, G.C. 54957.5(2). All Supplemental Packets are available for public review at the Planning Commission on the City’s website www.toaks.gov.
Americans with Disabilities Act (ADA)
Americans with Disabilities Act (ADA): In compliance with the ADA, if you need special assistance to participate in this meeting or other services in conjunction with this meeting, please contact the Planning Division, (805) 449-2500.
Notification at least 48 hours prior to the meeting or time when services are needed will assist the City in ensuring that reasonable arrangements can be made to provide accessibility to the meeting or service.
To: Planning Commission
From: Kelvin Parker, Community Development Director
Date: January 23, 2026
Subject: Item 07B - Municipal Code Amendment (MCA) 2025-70003
Staff has identified several areas within the proposed Ordinance that require reconciliation.
The following contains proposed revisions to Attachment 2 as follows:
Attachment 2 – Municipal Code Amendment Ordinance: The following updates are proposed:
• Phrase within title that states ‘to implement recently adopted State law’ is changed to ‘be consistent with State law’
• Section 9-4.4503. Applications, determinations, and appeals subsection (a) reads as follows: “Except as provided in Sec. 9 -4.4513…”, the section is to be revised to read “Except as provided in Sec. 9-4. 4512…” citing the correct section.
• Section 9- 4.4512. Junior Accessory Dwelling Units subsection (c)(1) reads as follows: “The property owner shall occupy either the primary dwelling or the JADU only when the JADU shares sanitation facilities with the primary dwelling, or when the owner is a governmental agency, land trust, or housing organization .” The subsection is to be revised to read as,” The property owner shall be required to occupy either the primary dwelling or the JADU only if the JADU shares sanitation facilities with the primary dwelling. No owner -occupancy requirement shall apply if the JADU has separate sanitation facilities , or when the owner is a governmental agency, land trust, or housing organization.” This modification is intended to accurately reflect AB 1154 statute.
cdd:660-21/H:COMMON/Planning Commission/Agenda Packet/2026/2026-01-26/Supplemental/Supplemental 1 Memo.docx/pz [FILE ID: MCA-2025- 70003]
THOUSAND OAKS
PLANNING COMMISSION
Supplemental
Information
Packet 1
January 26, 2026
Agenda Related Items
Meeting of January 26, 2026
Supplemental Information:
Any agenda-related public documents received and distributed to a majority of the Planning Commission after the Agenda Packet is printed are included in Supplemental Packets. Supplemental Packets are produced as needed, typically they are distributed on t he Thursday or Friday preceding the Planning Commission meeting and/or on Monday before the meeting. Supplemental Packets on Thursday or Friday are available for public inspection in the Community Development Department, 2100 East Thousand Oaks Boulevard, during normal business hours (main location pursuant to the Brown Act, G.C. 54957.5(2). All Supplemental Packets are available for public review at the Planning Commission on the City’s website www.toaks.gov.
Americans with Disabilities Act (ADA)
Americans with Disabilities Act (ADA): In compliance with the ADA, if you need special assistance to participate in this meeting or other services in conjunction with this meeting, please contact the Planning Division, (805) 449-2500.
Notification at least 48 hours prior to the meeting or time when services are needed will assist the City in ensuring that reasonable arrangements can be made to provide accessibility to the meeting or service.
To: Planning Commission
From: Kelvin Parker, Community Development Director
Date: January 26, 2026
Subject: Item 07B - Municipal Code Amendment (MCA) 2025-70003
The following contains an item of public correspondence that arrived after the printing of the Agenda.
cdd:660-21/H:COMMON/Planning Commission/Agenda Packet/2026/2026-01-26/Supplemental/Supplemental 1 Memo.docx/pz [FILE ID: MCA-2025- 70003]
1 Lori Goor
From: Community Development Department
Sent: Friday, January 23, 2026 1:48 PM
To: Matthew Mateo
Cc: Lori Goor
Subject: Fw: public comment re item 7B for the January 26, 2026 Planning Commission meeting Attachments: Thousand Oaks - ADU Ordinance Comment - 26 Jan 2026.pdf FYI
Community Development Department
City of Thousand Oaks
2100 E Thousand Oaks Blvd.
Thousand Oaks, CA 91362
(805) 449-2500
From: James Lloyd <[email protected]>
Sent: Friday, January 23, 2026 1:43 PM
To: Community Development Department <[email protected]> Cc: City Attorney's Office <[email protected]>; City Clerk Department <[email protected]>; City Manager's Office <[email protected]>
Subject: public comment re item 7B for the January 26, 2026 Planning Commission meeting
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.
Dear Thousand Oaks Planning Commission,
The California Housing Defense Fund (“CalHDF”) submits the attached public comment regarding proposed amendments to the City’s accessory dwelling unit (“ADU”) ordinance, calendared as agenda item 7B for the January 26, 2026 Planning Commission meeting.
Sincerely,
James M. Lloyd
Director of Planning and Investigations
California Housing Defense Fund
[email protected]
You don't often get email from [email protected]. Learn why this is important 2 CalHDF is grant & donation funded
Donate today - https://calhdf.org/donate/
Jan 23, 2026 City of Thousand Oaks 2100 Thousand Oaks Blvd Thousand Oaks, CA 91362 By Email: [email protected]; CC: [email protected]; [email protected]; [email protected] Re: Proposed Changes to the City’s ADU Ordinance Dear Thousand Oaks Planning Commission, The California Housing Defense Fund (“CalHDF”) submits this letter regarding proposed amendments
to
the
City’s
accessory
dwelling
unit
(“ADU”)
ordinance,
calendared
as
agenda
item
7B
for
the
January
26,
2026
Planning
Commission
meeting.
The
proposed
ordinance
would
violate
state
law
in
a
number
of
ways,
as
detailed
below.
CalHDF is very concerned about the proposed ordinance because it is much less compliant than
the
current
ADU
ordinance
for
reasons
described
infra
.
Background The law gives local governments authority to enact zoning ordinances that implement a variety
of
development
standards
on
ADUs.
(Gov.
Code,
§
66314.)
The
standards
in
these
local
ordinances
are
limited
by
state
law
so
as
not
to
overly
restrict
ADU
development.
(See
id.)
Separately
from
local
ADU
ordinances,
Government
Code
section
66323
establishes
a
narrower
set
of
ADU
types
that
local
governments
have
a
ministerial
duty
to
approve.
“Notwithstanding
Sections
66314
to
66322
...
a
local
agency
shall
ministerially
approve”
these
types
of
ADUs.
(
Id
.
at
subd.
(a).)
This
means
that
ADUs
that
satisfy
the
minimal
requirements
of
section
66323
must
be
approved
regardless
of
any
contrary
provisions
of
the
local
ADU
ordinance.
(
Ibid
.)
Local
governments
may
not
impose
their
own
standards
on
such
ADUs.
(Gov.
Code,
§
66323,
subd.
(b)
[“A
local
agency
shall
not
impose
any
objective
development
or
design
standard
that
is
not
authorized
by
this
section
upon
any
accessory
dwelling
unit
that
meets
the
requirements
of
any
of
paragraphs
(1)
to
(4),
inclusive,
of
subdivision
(a).”].)
In addition, ADUs that qualify for the protections of Government Code section 66323, like other
ADUs,
must
be
processed
by
local
governments
within
60 days
of
a
complete
permit
application
submittal.
(Gov.
Code,
§
66317,
subd.
(a).)
2201 Broadway, PH1, Oakland, CA 94612 [email protected]
State law also prohibits creating regulations on ADU development not explicitly allowed by state
law.
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.”
General Treatment of Section 66323 ADUs The City’s current ADU ordinance exempts section 66323 (“statewide exemption ADUs”) from
local
standards,
as
is
required
by
Government
Code
section
66323,
subdivision
(b).
This
is
because
current
code
section
9-4-4511
provides
for
the
ministerial
approach
of
section
66323
ADUs
provided
they
meet
the
standards
in
that
code
section.
However, proposed code section 9-4-4511 has removed this language, with the result that the
proposed
ADU
ordinance
will
illegally
subject
section
66323
ADUs
to
all
local
standards.
The Town must exempt all section 66323 ADUs from all local design and development standards,
as
is
required
by
state
law.
(Gov.
Code,
§
66323,
subd.
(b).)
The following comments regarding specific areas of noncompliance all follow from the fact that
the
proposed
ordinance
fails
to
exempt
section
66323
ADUs
from
local
standards.
Impermissible Parking Requirements Code section 9-4.4505 requires parking for each new ADU, less certain exceptions. However, as
discussed
supra
,
Government
Code
section
66323
mandates
that
the
City
approve
a
specific
class
of
ADUs
subject
only
to
specified
height
and
setback
requirements,
notwithstanding
any
local
code
requirements
to
the
contrary.
This
means
that
the
City
cannot
subject
such
ADUs
to
parking
requirements.
From page 20 of the January 2025 HCD ADU Handbook (emphasis added): “A local agency may not impose development or design standards, including both local standards and standards found in State ADU Law, on 66323 Units that are not specifically listed in Government Code section 66323. (Gov. Code, § 66323, subds. (a), (b).) This includes, but is not limited to, parking , height, setbacks, or other zoning provisions (e.g., lot size, open space, floor area ratio, etc.).” The City must amend its ordinance to remove these parking requirements for section 66323 ADUs.
Impermissible Slope and Ridgeline Standards
2 of 6
Code section 9-4.4509(a) would restrict ADU development on slopes, near ridgelines, and near
protected
trees.
section
9-4.4507(h)
would
restrict
development
near
projected
trees.
However, as discussed supra , Government Code section 66323 mandates that the City approve
a
specific
class
of
ADUs
subject
only
to
specified
height
and
setback
requirements,
notwithstanding
any
local
code
requirements
to
the
contrary.
This
means
that
the
City
cannot
subject
such
ADUs
to
any
of
these
restrictions.
From page 20 of the January 2025 HCD ADU Handbook (emphasis added): “A local agency may not impose development or design standards , including both local standards and standards found in State ADU Law, on 66323 Units that are not specifically listed in Government Code section 66323. (Gov. Code, § 66323, subds. (a), (b).) This includes, but is not limited to, parking, height, setbacks, or other zoning provisions (e.g., lot size, open space, floor area ratio, etc.).” The City must amend its proposed ADU ordinance to exempt section 66323 ADUs from restrictions
on
development
on
slopes,
near
ridgelines,
and
near
protected
trees.
Impermissible Size Limits Code section 9-4.4509(b)(1) imposes a size limit of 850 square feet (or 50% of the size of the primary
unit)
on
conversion
ADUs.
Code
section
9-4.4509(c)(1)
imposes
a
size
limit
of
1,000
square
feet
on
detached
ADUs.
However, these size limits are not permitted for conversion ADUs developed pursuant to Government
Code
section
66323,
subdivision
(a)(1),
which
allows
for
the
development
of
a
conversion
ADUs
(both
within
the
primary
unit
and
within
detached
accessory
structures)
without
size
restriction
on
single-family
parcels;
and
section
66323,
subdivisions
(a)(3)
and
(a)(4),
which
allow
for
the
development
on
ADUs
on
multifamily
parcels
without
size
restriction.
The only size limits permitted by section 66323 are 800 square feet, and this limit may only be
imposed
on
new
construction,
detached
ADUs
on
single-family
parcels.Government
Code
section
66323,
subdivision
(b)
forbids
the
application
of
local
standards
to
section
66323
ADUs.
This
means
that
the
City
may
not
impose
these
size
limits
on
any
other
ADU
type
allowed
by
Government
Code
section
66323,
subdivision
(a),
including
conversion
ADUs
on
single-family
parcels,
conversion
ADUs
in
multifamily
buildings,
and
new
detached
ADUs
on
multifamily
parcels.
The City must amend its ADU ordinance to exempt section 66323 ADUs from these illegal size
limits.
Impermissible Front Setback Requirement
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Code section 9-4.4509(c)(2) imposes underlying front setbacks on all detached ADUs. However, Government Code section 66323, subdivision (a) does not permit any imposition of front
setback
requirements,
if
the
ADUs
qualify
for
the
protections
of
that
section
of
law.
This
is
because
section
66323,
subdivision
(b)
forbids
the
application
of
local
development
standards.
There are many policy reasons for this. For instance, a homeowner may prefer to preserve a private backyard space while redeveloping the less useful front yard. While children may play in the backyard, the front yard is closer to the street and less safe for a variety of activities. The City therefore must allow front yard ADUs that comply with the standards in Government Code section 66323, subdivision (a) both on single family and on multifamily Properties. HCD has issued guidance under its authority in Government Code section 66327 (that guidance is located in the January 2025 HCD ADU Handbook, page 18) affirming the duty of local agencies to allow ADUs protected by Government Code section 66323 in the front setback under all circumstances. The HCD Handbook is clear on the issue of imposing development or design standards on section 66323 ADUs. From page 20 of the January 2025 HCD ADU Handbook (emphasis added): “A local agency may not impose development or design standards, including both local
standards
and
standards
found
in
State
ADU
Law,
on
66323
Units
that
are
not
specifically
listed
in
Government
Code
section
66323.
(Gov.
Code,
§
66323,
subds.
(a),
(b).)
This
includes,
but
is
not
limited
to,
parking,
height,
setbacks
,
or
other
zoning
provisions
(e.g.,
lot
size,
open
space,
floor
area
ratio,
etc.).”
The City must amend its ordinance to remove the front setback requirement for section 66323
ADUs.
Impermissible Building-to-Building Separation Requirement Code section 9-4.4509(c)(6) imposes a 6-foot building-to-building separation requirement on
detached
ADUs.
However, Government Code section 66323, subdivision (a) does not permit any imposition of such
separation
requirements,
if
the
ADUs
qualify
for
the
protections
of
that
section
of
law.
This
is
because
section
66323,
subdivision
(b)
forbids
the
application
of
local
development
standards.
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The HCD Handbook is clear on the issue of imposing development or design standards on section 66323 ADUs. From page 20 of the January 2025 HCD ADU Handbook (emphasis added): “A local agency may not impose development or design standards, including both local
standards
and
standards
found
in
State
ADU
Law,
on
66323
Units
that
are
not
specifically
listed
in
Government
Code
section
66323.
(Gov.
Code,
§
66323,
subds.
(a),
(b).)
This
includes,
but
is
not
limited
to,
parking,
height,
setbacks,
or
other
zoning
provisions
(e.g.,
lot
size,
open
space,
floor
area
ratio,
etc.).”
The City must amend its ADU ordinance to exempt section 66323 ADUs from such building-to-building
separation
standards..
Impermissible Design Standards Proposed code section Section 9-4.4510 contains a host of design and development standards
that
may
not
be
applied
to
section
66323
ADUs,
including
requirements
related
to
color,
materials,
roof
slope,
fenestration,
decks,
mechanical
systems,
door
location,
exterior
stairs,
driveways,
walkways,
and
garage
conversions.
However, none of these standards are permissible for section 66323 ADUs. This is because section
66323,
subdivision
(b)
forbids
the
application
of
local
development
standards.
The HCD Handbook is clear on the issue of imposing development or design standards on section 66323 ADUs. From page 20 of the January 2025 HCD ADU Handbook (emphasis added): “A local agency may not impose development or design standards , including both local
standards
and
standards
found
in
State
ADU
Law,
on
66323
Units
that
are
not
specifically
listed
in
Government
Code
section
66323.
(Gov.
Code,
§
66323,
subds.
(a),
(b).)
This
includes,
but
is
not
limited
to,
parking,
height,
setbacks,
or
other
zoning
provisions
(e.g.,
lot
size,
open
space,
floor
area
ratio,
etc.).”
The City must amend its ordinance to exempt section 66323 ADUs from all these local design
and
development
standards.
⧫⧫⧫ CalHDF appreciates the City’s commitment to updating its ordinance to comply with state housing
law.
ADUs
are
a
critical
tool
for
expanding
the
state’s
housing
supply
and
creating
a
stock
of
naturally
affordable
units.
However,
the
City
must
make
sure
its
ADU
ordinance
actually
complies
with
state
law.
CalHDF is a 501(c)(3) non-profit corporation whose mission includes advocating for increased
access
to
housing
for
Californians
at
all
income
levels,
including
low-income
households. You may learn more about CalHDF at www.calhdf.org. 5 of 6
Sincerely, Dylan Casey CalHDF Executive Director James M. Lloyd CalHDF Director of Planning and Investigations 6 of 6