Planning Commission recommends City Council adopt SB 9 code updates to align with state law

Senior Planner Justine Kendall presented a municipal code amendment to update Thousand Oaks' SB 9 regulations and to incorporate statutory changes from SB 450.

Kendall told the commission that "SB 9 was signed by Governor Newsom on 09/16/2021, and the law went into effect on 01/01/2022," and summarized requirements for ministerial approval of two-unit housing developments and one-time urban lot splits under state law. She said the proposed changes would update Title 9, Chapter 4, Article 37 of the Thousand Oaks Municipal Code and that staff recommends finding the amendment exempt from the California Environmental Quality Act (CEQA) pursuant to state provisions that implement SB 9 and SB 450.

The amendment responds to SB 450 changes enacted in 2024 that, among other items, limit local discretion by requiring objective standards that apply uniformly to the underlying zone and by allowing demolition of more than 25% of exterior walls in certain cases. Kendall explained specific local adjustments included in the draft ordinance: clarifying eligibility checks for protected habitat/tree confirmation, aligning pedestrian access standards with Article 22 objective design standards, removing garage-conversion and bridle-glass language that did not apply uniformly, correcting a height limit error to state that structures may be up to 25 feet and up to two stories, and allowing flag lots created by urban lot split if the flag staff is at least 20 feet wide.

She also noted procedural clarifications: a habitable dwelling must exist at the time of approval to meet owner-occupancy requirements; building permits for two-unit developments tied to a concurrent urban lot split will not be issued until the tentative parcel map is recorded unless the unit arrangement is permissible without the split; and processing times required by state law have been incorporated. Kendall said the ordinance remains consistent with the city's general plan and housing element goal LU-3.

Commissioners asked clarifying questions about how long the city will need to update the ordinance and about application volume. Kendall said she "expect[s] to be before you again" for future updates and reported about 20 SB 9 submittals to date, with approximately 11 approvals and 5 built projects.

Commissioner Lanson moved to find the update exempt from CEQA under California Government Code sections 65852.21 and 66411.7 and to recommend that the City Council adopt the updated ordinance to comply with state law. The motion carried 5-0 (Buss: yes; Tyler Kettlehut: yes; Lanson: yes; McMahon: yes; Chair Farris: yes). The Planning Commission record notes that the Planning Commission's action is a recommendation; the City Council will take final action on the ordinance.

The record of the hearing shows staff and commissioners discussed the practical effects of SB 450's restrictions on local discretion and the need to balance state mandates with retaining as much local control as possible. The commission made no additional direction to staff beyond the recommendation to council and standard clarifying requests documented in the staff report.