Thousand Oaks planning commission recommends ADU ordinance update to comply with new state laws

On Jan. 13, 2025, the Thousand Oaks Planning Commission voted 3-0 to recommend that the City Council update the city’s ADU regulations in Title 9, Chapter 4 of the Thousand Oaks Municipal Code to conform with recent changes in state law.

Senior Planner Justine Kennel told the commission the draft ordinance incorporates state changes effective Jan. 1, 2025, from Assembly Bill 2533 and Senate Bill 1211 and makes minor local clarifications. "The request before you, is to amend title 9 chapter 4 of the Thousand Oaks Municipal Code by updating the definition section, the permitted use matrix, and various sections of article 45, the ADU Ordinance article, in order to comply with new state laws," Kennel said.

The commission’s recommendation also included a finding that the ordinance update is exempt from the California Environmental Quality Act under Public Resources Code Section 21080.17, which the staff report cites as a categorical exemption for local ordinances implementing specific ADU provisions of the Government Code.

Why it matters: the changes the state made adjust local regulatory authority and procedural requirements for ADUs and junior ADUs (JADUs). Kennel told the commission that the proposed revisions clarify definitions, remove local provisions that conflict with state law, and reflect HCD guidance on where ADUs are not mandatory (for example, trailer park developments).

Key changes described by staff include: - An adjustment to the allowable number of detached ADUs on existing multifamily lots from a previous cap of two to a new cap of up to eight detached ADUs or up to the number of existing units on the lot, whichever is fewer, consistent with SB 1211. - Language removing a local design standard that staff determined was not objective, and removal of repetitive or conflicting text. - Incorporation of AB 2533 provisions that require local agencies to provide information and allow the legalization of certain unpermitted ADUs without impact fees, subject to limited health-and-safety exceptions.

During public comment resident Nan Chu of Newbury Park described construction next door and raised concerns about noise, vibration and blocked street access. "The construction, since November, has degraded neighbors' quality of life," Chu said, presenting photographs and a written letter she submitted for staff review. Staff told the commission the slides and the letter were forwarded to code compliance for follow-up. A planning staff member noted that most of the issues Chu raised—parking, construction disturbance and possible permit compliance—are handled through code enforcement or the police department, not through discretionary planning review. "Those issues really are kind of outside the purview of the planning commission this evening," the staff member said.

Commissioners acknowledged that many ADU approvals are now ministerial under state law, meaning owners can apply and receive permits without a discretionary hearing if they meet objective standards. Commissioner McMahon said the commission’s role is constrained by state law. Commissioner Link, who moved the recommendation, said the commission must update local rules to avoid risking the city’s discretionary authority. "If we don't make these changes, we could lose local control over what we have here," Link said.

The planning commission’s motion to recommend adoption included: that the city council adopt the updated ADU ordinance to comply with state law and find the update exempt from CEQA pursuant to Public Resources Code Section 21080.17. The motion passed on a vote of 3-0 (Commissioners McMahon, Vice Chair Linge and Chair Lanson voting yes; Commissioners Farris and Tyler Kettlehut absent).

The matter is a recommendation to the City Council; the council is scheduled to consider the ordinance on Feb. 25, 2025. Staff said the city’s ADU information and required disclosures are posted at TOAKS.gov/adu.

The commission closed the public hearing after public comment and moved forward with the recommendation; there is no local appeal period for the commission’s recommendation to council.

The meeting also included announcements of upcoming planning commission hearings on Jan. 27, 2025, including a columbarium project at Holy Trinity Lutheran Church and a commercial conditional-use item for Beachside Golf Cars.