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Attachment 1 Planning Commission Packet of January 26 2026

Thousand Oaks City Council
February 24, 2026

Document
Attachment 1 Planning Commission Packet of January 26 2026
Meeting
February 24, 2026
Body
Thousand Oaks City Council
Pages
7
Original file
2.0 MB
Text extracted from the city's file for reading and search. Open the original on toaks.primegov.com. That file is the official record.

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

Page 2 ends

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

Page 3 ends

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

Page 4 ends

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

Page 5 ends

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

Page 6 ends

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

Page 7 ends

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]

Page 1 ends

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]

Page 2 ends

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]

Page 3 ends

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
3 of 6

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.

4 of 6

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

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