county of ventura RESOURCE MANAGEMENT AGENCY

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1 RESOURCE MANAGEMENT AGENCY county of ventura Planning Division Kimberly L. Prillhart Director County of Ventura 800 South Victoria Avenue Ventura, CA SUBJECT: Receive Report and Provide Direction Regarding Proposed Alternatives for Accessory Dwelling Unit Regulations in the Goastal and Non-Coastal Zones Pursuant to Government Code Section RECOMMENDED AGTIONS: 1. CONSIDER the alternatives and analysis presented by Planning Division staff related to proposed development standards for accessory dwelling units (ADUs) in the coastal and non-coastal zones; 2. PROVIDE direction to Planning Division staff on the following items with respect to developing ADU regulations: a) Determine whether to increase the allowable ADU size in the Ojai Traffic lmpact Area and/or decrease the minimum parcel size requirement (as discussed on pp. 5-7); b) Determine whether to establish a new fire hazard impact area with development standards, as recommended by Planning Division staff (as discussed on pp.7-8); c) Detennine whether to maintain the 9,000 sq. ft. minimum parcel size or to set a new minimum parcelsize foradus located in the non-impact areas (as discussed on pp. 8-10); d) Determine whether to adopt development standards for interior ADUs that result from the conversion of detached accessory structures in the Open Space and Agricultural Exclusive zones, as recommended by Planning Division staff (as discussed on pp ); e) Determine which of the following two options for the Coastal Zoning Ordinance (CZO) is preferred: (1) make amendments as needed to bring the CZO into compliance with Govemment Code section ; or (2' comprehensively amend the CZO to make it consistent with the Non-CoastalZoning Ordinance (NCZO) and bring it into compliance with Govemment Code section (as discussed on pp.11-12); 3. PROVIDE any additional direction to Planning Division staff prior to preparation of the permanent ADU regulations for consideration by the Planning Commission and your Board; and 800 South Victoria Avenue, L# 1740, Ventura, CA (805) Fax (805) Printed on Recycled Paper #

2 Page 2 of DIRECT Planning Division staff to prepare Non-Coastal Zoning Ordinance and Coastal Zoning Ordinance amendments that incorporate your Board's direction into the permanent ADU regulations. FISCAL IM PACTS/MANDATES : Fiscal lmpacts/ Mandates: Mandated: Source of Funding: Funding Match Required: lmpact on Other Departments No General Fund None None The recommended action can be completed with existing staff and within the existing Planning Division budget allocations. The work effort is expected to take approximately six months and is included in the Planning Division's FY adopted budget. Gurrent FY Budget Projection tor Un t eg13 Plans a Adopted Budqet Appropriations Revenue $ 663,781 Net Cost $ 555,969 DISCUSSION: Adjusted Budqet $ 1,219,750 $ 1,219,750 $ 663,781 $ 555,969 Projected Estimated Actual Savinqs/Deficit $ 1,219,750 $ $ 663,781 $ $ 555,969 $ ln September2016, Governor Brown signed two legislative acts (A82299 and SB 1069) that amended Government Code section (New ADU Law, Exhibit 1), which came into effect on January 1, The stated intent of the New ADU Law was to reduce the regulatory, physical and financial barriers to constructing ADUs statewide. The New ADU Law invalidated the County's then existing NCZO ADU regulations (Former SDU Ordinance, Exhibit 2), because they did not fully comply with Government Code section To achieve compliance with the New ADU Law, the County replaced the Former SDU Ordinance in March 2017 with a new interim urgency ordinance (ADU lnterim Ordinance). The Coastal Zoning Ordinance was not amended by an interim ordinance for the reasons discussed in Section G, below. The ADU Interim Ordinance (Exhibit 3) modified the Former SDU Ordinance to the extent necessary to comply with the New ADU Law, applied the County's existing development standards where allowed, and reenacted regulatory protections for the Ojai Traffic lmpact Area and the Arroyo Santa Rosa Valley/Tierra Rejada Groundwater Quality lmpact Area (lmpact Areas) originally identified in the Former SDU Ordinance. Additionally, the ADU lnterim Ordinance revised minimum lot size requirements and dwelling unit size restrictions for ADUs located outside of the lmpact Areas. The March

3 Page 3 of 13 14,2017 Board letter attached as Exhibit 4 provides a detailed summary of the New ADU Law and the ADU Interim Ordinance for reference. The ADU lnterim Ordinance was adopted as an urgency measure and will be in effect until March 13,2018. During the April 18, 2017 Board hearing on the ADU lnterim Ordinance, Planning Division staff proposed to return to your Board for an ADU study session and consideration of proposed ADU regulations and alternatives for permanent ADU regulations. The purpose of this letter is to present background information, analysis, recommendations, and options for your Board's consideration prior to drafting permanent ADU regulations. In order to meet the March 13,2018 deadline, Planning Division staff requests that your Board provide direction on the preferred options today. These will be integrated into the permanent ADU regulations that will be prepared and brought to the Planning Commission and your Board for review and adoption prior to expiration of the ADU Interim Ordinance A. Background Historically, the County of Ventura has strongly supported the creation of affordable housing countywide through a variety of programs, including CDBG grants, HOME funds, and general fund dollars (e.g., farmworker housing, emergency shelters, Ventura County housing trust fund, etc.). The construction of ADUs has been viewed as a source of affordable housing achieved through maximizing the untapped potential for additional dwelling units within the existing single-family housing stock. ADUs Constructed and Permits lssued During the previous Housing Element Cycle ( ), on average about 21 ADUs were constructed each year in the unincorporated area. The first three years of the current Housing Element Cycle ( ) resulted in an average of 15 ADUs constructed annually, though applications for new ADUs increased after passage of the New ADU Law. From January 1 to June 30,2017, the Planning Division approved 53 Zoning Clearances for ADUs. This is substantially more than the 31 ADU Zoning Clearances approved during the same time period in However, the number of zoning clearances issued does not guarantee that ADUs will be constructed. Of the 53 ADU applications approved by Planning Division staff during the first half of 2017, two were for ADUs proposed within existing principal dwellings or existing accessory structures. The others were new attached or detached ADUs. Most of the requested ADUs were located in the areas of Ojai (16), Camarillo (7), and Somis (6). No ADU requests were located within the coastal zone. ADUs Counted Toward Meetinq the Reqional Housinq Needs Assessment (RHNA) Using a methodology approved by the California Department of Housing and Community Development (HCD), 60% of ADUs constructed irí the County are deemed affordable to lower-income households and credited toward meeting the County's RHNA low-income housing requirements. The RHNA establishes the minimum expected number of new

4 Page 4 of 13 dwelling units ass gned to the County to accommodate regional growth, including the minimum number of units affordable to lower-income households. Since 2014 (the beginning of the current Housing Element cycle), ADUs have accounted for 31o/o of all affordable housing units constructed in the unincorporated area of the County, making ADUs an important factor in meeting RHNA numbers. lt's worth noting that HCD staff has indicated that ADUs used as short-term rentals do not qualify as affordable housing, because shortterm rentals are considered vacation rentals. B. Accessory Dwelling Units Under the New ADU Law The New ADU Law changed the nomenclature that has been used for these dwellings. The term "second dwelling unit" was eliminated and replaced with the term "accessory dwelling unit." The term as defined in the New ADU Law establishes three types of ADUs: 1 ) Attached ADUs - which are attached to the primary residence; 2) Detached ADUs - which are located in a separate structure from the primary residence; and 3) lnterior ADUs - which are independent living spaces carved out from within the existing space of an accessory structure or the primary residence with a separate entrance. lnterior ADUs With respect to lnterior ADUs, the New ADU Law - specifically, Government Code section (e) - requires approval of an lnterior ADU under certain circumstances. lt provides that a building permít for an lnterior ADU must be ministerially approved, regardless of the other local regulations governing ADUs, if the following criteria are met: 1. lt will be on a single-family lot within a single-family residential zone; 2. The ADU is within the space of a single-family residence or an accessory structure; 3. The ADU has independent exterior access from the single-family residence; and 4. The side and rear setbacks are sufficient for fire safety. lf one or more of the criteria are not met, the lnterior ADU may be regulated through issuance of a Zoning Clearance requiring adherence to locally-adopted development standards. Discussed below in Section F are options for lnterior ADUs in the Open Space and Agriculture zones, which are not single-family residential zones and, therefore, by definition do not meet criterion (1), above G. Discussion on Existing lmpact Areas The lnterim ADU Ordinance identifies two lmpact Areas - the Arroyo Santa Rosa/Tierra Rejada Groundwater Quality lmpact Area and the Ojai Traffic lmpact Area. As noted above, both were established in 2003 when ADU approvals shifted from discretionary to ministerial in the non-coastal zones. The New ADU Law allows localjurisdictions to designate impact areas based on criteria that may include, but are not limited to, the adequacy of water and sewer services and the impact of ADUs on traffic flow and public safety (Government Code (aX1XA)). However, as explained above, pursuant to State law, certain types of Interior ADU's are not subject to the development standards applicable to other ADUs. Thus,

5 Page 5 of 13 the more restrlctive development standards within identified impact areas do not apply to those types of lnterior ADUs. Your Board directed Planning Division staff to reenact protections for the lmpact Areas identified in the Former SDU Ordinance when drafting the lnterim ADU Ordinance. lt's assumed the same protections would apply in the permanent ADU regulations with some adjustments, as described below. A more detailed discussion of the previously adopted ADU regulations is included in Exhibit 5. Arrovo Santa sa/tierra Reiada Grou r lmoact Area During the comprehensive 2OO3 update of the Former SDU Ordinance, County staff identified potential groundwater quality impacts in the Arroyo Santa Rosa and Tierra Rejada Valleys that warranted more restrictive ADU standards than applied generally throughout the unincorporated area of the County. Your Board directed Planning Division staff to restrict the size and number of bedrooms in ADUs on parcels that drain to the Arroyo Santa Rosa and Tierra Rejada groundwater basins and to set larger minimum parcel sizes in these areas. The intent was to protect areas that may be impacted by high nitrates in groundwater supplies while still allowing for ADUs where appropriate. The Ventura County Watershed Protection District Groundwater Resources Division (Groundwater Division) staff is currently in the process of updating the underlying data in the County's Nitrate Formula to reflect current conditions. This formula is used to prevent further degradation of groundwater in nitrate-impacted basins (such as Arroyo Santa Rosa/Tierra Rejada). Planning Division staff contacted subject matter experts in the Groundwater Division, who are reviewing the current minimum parcel size requirements and the number of allowed bedrooms (or bedroom equivalents) in ADUs within the Groundwater Quality lmpact Area. The intent is to determine whether the existing standards are sufficient and to explore whether there are additional groundwater impacted areas within the County that should be protected. While the boundaries of the Arroyo Santa RosaiTierra Rejada Groundwater lmpact Area are not likely to change, new groundwater quality lmpact Areas may be identified during the review of nitrate impacts countywide. lt has also been determined that lots connected to sewer should be exempt from the requirements of the Arroyo Santa Rosa/Tierra Rejada Groundwater lmpact Area, because nitrogen loading wouldn't apply if a proposed ADU is not using a septic system. Staff from the Groundwater Division will be present at the Board hearing to provide additional information and answer questions from your Board. Ojai Traffic lmpact Area During the 2003 comprehensive update to the Former SDU ordinance, the Board expressed a desire to protect the Ojai Valley from traffic impacts while still allowing ADUs where appropriate. The Ojai Valley is unique with regards to traffic, because primary road access is limited to one highway (State Route 33). Segments of this highway are operating at a Level of Service during peak hours that does not meet the policies of the General Plan. The

6 Page 6 of 13 Ojai Valley Area Plan addresses these impacts through specific traffic policies, but these policies don't apply to ministerial ADU entitlements. Ultimately, the Board directed Planning Division staff to permit ADUs of up to 700 sq. ft. and up to one bedroom in the Ojai Traffic lmpact Area on parcels of one acre or more in size. This was intended to address the need for affordable housing while also minimizing potential traffic impacts. Since that time, there have been numerous inquiries regarding the possibility of increasing the allowable ADU size. Most recently, requests centered around matching the New ADU Law, which allows ADUs to be up to 1,200 sq. ft. or 50% of the size of the primary dwelling unit, whichever is smaller. Transportation Division staff recently reviewed the earlier methodology used to determine potential traffic impacts on State Route 33 given that no future road improvements are funded or planned and growth in the Ojai Valley has remained flat over the past 10 years. Transportation staff determined that the addition of a 700 sq. ft. ADU would be comparable to the peak hour impacts from a 900 sq. ft. or 1,200 sq. ft. ADU. Generally, it's the number of drivers in a household that determines traffic impacts rather than the size of the dwelling unit. Thus, from a transportation engineering perspective, there's no meaningful difference in the peak hour trips based on the size of an ADU. Transportation Division staff will be present at the hearing to answer any questions your Board may have regarding this issue. Another factor in limiting ADUs in the Ojai Traffic lmpact Area has been the use of a oneacre minimum parcel size. Your Board has the discretion to maintain the one-acre minimum lot size or to reduce this to encourage construction of ADUs in the Ojai Valley. For comparison purposes, Planning Division staff prepared Table 1, below, to identify the number of parcels located within the Ojai Traffic lmpact Area that would meet a minimum parcel size of one acre versus 10,000 sq.ft. Table l: Parcel Sizes Within the Ojai Traffic lmpact Area Potential Number of ADU-Eligible Parcelsi Ojai Valley Traffic lmpact Area-Attached or Detached ADUs Total Number of Eligible Parcels Parcels 10,000 sq.ft.and larger No. of Percentage of Parcels Parcels Parcels One Acre and larger No. of Percentage of Parcels Parcels 5,680 3, /o 1,420 25o/o ladu-eligible parcels are privately-owned Assessor's parcels located in zones where ADUs are allowed, including R1, R2, RA, RE, RO, RPD, RES, OS, AE, and TP zones. It's worth noting here the distinction between the potential number of parcels that may accommodate ADUs and the actual number of ADUs built. Although Planning Division staff determined in 2003 that approximately 1,338 parcels located within the Ojai Traffic lmpact Area could accommodate ADUs, only 23 ADUs were constructed during the ten-year period from January 2OO7 to December There are likely many reasons for the low number

7 Page 7 of 13 of ADUs, including the economic downturn and the fact that most res dents simply do not need nor want an ADU on their property. Baçed on the above analysis, Planning Division staff recommends that your Board increase the allowable ADU unit size in the Ojai Traffic lmpact Area and consider decreasing the required minimum parcel size requirement. D. Discussion on Designating a New Fire Hazard lmpact Area During the March 14,2017 Board hearing, your Board expressed concerns regarding the construction of new ADUs in neighborhoods with winding roads, street widths less than 20 ft., limited on-street parking, and the resulting potential fire safety hazard created when there may not be sufficient access for emergency service vehicles. To determine whether there is a need for a new impact area, Planning Division staff evaluated areas in the County where the following were prevalent: (1) there is existing residential development with capacity for new ADUs; (2) there is limited on-street parking; (3) segments of the existing streets do not meet County road standards due to insufficient width; and (4) these neighborhoods are located within a high or very high fire hazard zone. The easily identifiable areas in the County which met all of these criteria included Ventu Park, Santa Susana Knolls (approximately half of Santa Susana is within a very high fire zone), and the Box Canyon community. Each of these communities is located in whole, or in part, within a high fire hazard area as designated by the State Fire Marshal. There may be other, smaller pockets of development that fit this criteria in the Malibu, Camarillo Heights, and Ojai areas. lt will require further analysis and coordination with Ventura County Fire Protection District (Fire District) staff to determine the precise location of all areas meeting these criteria. Nonetheless, Fire District staff expressed concerns regarding the impact of new ADUs on fire service access in areas where these conditions are present. Establishing a new fire hazard impact area would allow more restrictive development standards to be applied to new attached and detached ADUs. The intent of a newfire hazard impact area would not be to prohibit ADUs, but to apply development standards that directly address fire vehicle access and fire safety issues. For example, findings could be made to support a requirement that new ADUs within the fire hazard impact area provide parking onsite due to the narrow and sometimes steep roads and the lack of off-street parking already prevalent in these communities. For informational purposes, staff estimated the number of parcels that could accommodate new attached and detached ADUs in the communities identified above based on minimum parcel sizes (see Table 2, below). Generally, using a minimum parcel size of 9,000 sq. ft., 216 parcels would be ADU-eligible in Ventu Park, 330 parcels would be ADU-eligible in Santa Susana Knolls, and 94 parcels in Box Canyon would be ADU-eligible, if they met all other development standards.

8 Page I of 13 lf directed by your Board, Planning Division staff would coordinate with Fire District staff to develop the boundaries of a new fire hazard impact area and create reasonable development standards that would apply within this impact area for your Board's consideration. The Fire District Fire Marshalwill be present at the Board hearing to address any questions your Board may have. Based on the above, Planning Division staff recommends that a new fire hazard impact area with development standards be developed for your Board's consideration. E. Minimum Parcel Size Alternatives At your Board's March 14,2017 hearing, a discussion on the required minimum parcel size for ADUs resulted in setting a minimum parcel size in the ADU lnterim Ordinance of 9,000 sq.ft. in the non-impact areas. To facilitate the development of ADUs, your Board requested that Planning Division staff evaluate a smaller minimum lot size. State law does not identify a minimum lot size for ADUs, so this number can be set by your Board at any level that is not so burdensome that it unreasonably restricts the ability to construct ADUs. Your Board also requested staff to report back on the geographical impacts of a smaller minimum lot size requirement. Planning Division staff prepared a rough estimate of the number of privately-owned parcels in non-coastal areas that could accommodate ADUs based on different minimum parcel sizes. While this analysis provides a theoretical estimate of the number of parcels that could accommodate ADUs in the unincorporated area of the County, even this number is inflated and provides only a very rough estimate. This stems from the fact that Planning Division staff analyzed Assessor's parcels rather than legal lots, because Assessor's parcel data are readily available and legal lot information is not. Only one ADU is allowed on each legal lot, which may consist of one or more Assessor's parcels. Likewise, this analysis did not take into account ADUs that may have already been constructed on a parcel. Finally, this analysis did not factor in the ability of an individual parcel to expand/upgrade an existing septic system. For smaller parcels with no potential to connect to sewer, this would likely prevent construction of an ADU. ln reality, the actual number of ADUs constructed over time will be dependent upon the ability of individual property owners to pay construction and permitting costs and to meet other development standards such as setbacks and lot coverage. Table 2, below, shows the number (and percentage) of ADU-eligible parcels in the noncoastal Residential, Open Space, and Agricultural zones. For comparison purposes, the estimated number of potential ADUs is calculated using the minimum parcel size categories of 10,000 sq.ft.(the requirement in the Former SDU Ordinance),9,000 sq. ft. (the requirement adopted in the lnterim ADU Ordinance), and 6,000 sq. ft. (the minimum parcel size requirement for the County's R-l residential zone). lt's further broken down geographically by Area Plan areas and some of the existing communities. Please note that these estimates. do not factor in lnterior ADUs, which are allowed by right through a

9 Page 9 of 13 ministerial building permit when a property owner converts existing space within a dwelling or accessory structure to a new ADU without regard to parcel size. Logically, as the minimum parcel size requirement decreases, the potential number (and percentage) of ADU-eligible parcels increases. Utilizing a minimum parcel size of 10,000 sq. ft. renders approximately 15,888 parcels in the non-coastal zones eligible for an ADU. lf the minimum parcel size remains 9,000 sq.ft., approximately'16,598 parcels would potentially accommodate ADUs. lf lowered to 6,000 sq. ft., an additional 5,162 parcels would accommodate an ADU, if all other development standards can be met. The parcel size categories and the locations of the parcels that could accommodate ADUs (excluding lmpact Areas) are shown below in Table 2: Area (Total Number of Eligible Parcels Entire Non- Coastal Zone (25,666) Existin Communities Ventu Park 450 (540) Somis 155 {r61} Santa 484 Susana (866) Gamarillo 118 Heights (118) Box 124 Canyon {2s6) Las Posas 2,068 Estates 121azl Area Plans Oak Park 2,177 (ê,2841 El Rio (1,668) Table 2: ADU Potential Based on Minimum Parcel Size Potential Number of Eligible Parcelsl Regulated by Minimum Lot Size - Attached or Detached ADUs Parcels 6,000 Sq. Ft. and over No. of Percentage Parcels of Parcels" 21,050 82To 83o/o 96% 57o/o 100%2 53o/o 98o/o 66% Parcels 9,000 Sq. Ft. and over No. of Percentage Parcels of Parcels* 16, /o , % 69Yo 39% 20% 40% 96% Parcels 10,000 Sq. Ft. and over No. of Percentage of Parcels Parcels* 15,888 62% 38o/o 47% 34o/o 16 14o/o 89% 1,650 90o/o % % 230/ , /0 17o/o

10 September '19,2017 Page 10 of 13 Saticoy (15e) Ojai Valley - parcels outside the Traffic lmpact Area Thousand Oaks Potential Number of Eligible Parcelsl Regulated by Minimum Lot Size - Attached or Detached ADUs 92 58o/o 1, /o Minimum lot size requirement for ADUs in the Saticoy Area Plan is 8,000 sq. ft. Thirty-four parcels (21.4o/o) are eligible to develop an attached/detached ADU '1,148 92o/o 1,134 91% 2,080 86% 1,209 50Yo 1,100 45% Piru (766) Lake Sherwoodl Hidden Valley (eeo) % o/o % % o/o o/o North o/o 91 20o/o 83 18o/o Ventura Avenue (466) ladu-eligible parcels are those parcels located in zones where ADUs are allowed, including R1, R2, RA, RE, RO, RPD, RES, OS, AE, and TP zones. 2The smallest parcel size in Camarillo Heights is 7,500 sq. ft. 35,560 parcels were identified to be in the Ojai Traffic lmpact Area. These parcels were removed from the total number of eligible parcels for this analysis, because the impact area has a different minimum parcel size requirement as discussed in Section C, above. *The percentages in this table were rounded from high decimal values. This-may lead to minor inconsistencies between the numbers shown and the percentages represented. Please indicate whether your Board prefers to maintain the 9,000 sq. ft. minimum parcel size adopted with the lnterim ADU Ordinance or to set a new minimum parcel size for ADUs located in the non-impact areas. F. lnterior ADU Regulations for Detached Accessory Structures in the Open Space and Agricultural Exclusive Zones As discussed above, lnterior ADUs meeting certain state criteria are entitled to ministerial building permits without review of development standards. As such, local ordinance standards such as maximum un t size, minimum parcel size, maximum lot coverage; parking space requirements, setbacks, etc., may not be imposed on such lnterioradus. This creates the potential for Interior ADUs to be created within existing, relatively large accessory structures, such as barns, which could exceed the 1,800 sq. ft. limit for ADUs or even exceed

11 Page 11 of 13 the size of the principal dwelling unit on the site. lt would also potentially allow detached non-habitable accessory structures with lower setback requirements than a dwelling unit to later be converted to an lnterior ADU. To address these issues in the ADU lnterim Ordinance, the ordinance included a provision limiting interior conversions of accessory structures to those that were permitted by the Planning Division prior to March 14,2017 (the date of the ordinance). The intent of this provision was to reduce the possibility of construction of new accessory structures which could later be converted into Interior ADUs. However, after further consideration, it is doubtful that adding a "constructed by" date to the ADU ordinance is consistent with the intent of the New ADU Law. As such, this provision will be removed from the permanent ADU regulations. ln its place, Planning Division staff considered various options. One of those options is to regulate lnterior ADUs proposed for detached structures in the Open Space (OS) and Agricultural Exclusive (AE) zones. lnterior ADUs that are located in non-residential zones, such as the OS and AE zones, do not meet the state's criteria mandating permit issuance As such, your Board may want to apply reasonable development standards to lnterior ADUs proposed in detached accessory structures located within these non-residential zones. Regulating lnterior ADUs within the OS and AE zones would, for instance, enable Planning Division staff to help protect impacted groundwater supplies in the Arroyo Santa Rosa/Tierra Rejada lmpact Area by limiting the number of bedrooms and/or the size of lnterior ADUs created through conversion of existing accessory structures. Approximately 14o/o of the parcels within the Arroyo Santa RosaÆierra Rejada lmpact Area are zoned OS and AE, and approximately 6% of the parcels within the Ojai Traffic lmpact Area are zoned OS and AE. To address the issues identified above, Planning Division staff recommends that your Board direct Planning Division staff to set development standards (such as maximum dwelling unit size and setbacks) for lnterior ADUs that result from the conversion of detached accessory structures in the OS and AE zones. G. Coastal Zoning Ordinance Amendments California Coastal Commission Executive Director John Ainsworth sent a memo to all coastal Planning Directors on April 18,2017, which states the New ADU Law did not nullify the existing ADU provisions in the County's CoastalZoning Ordinance (CZO). This Coastal Commission memo cited to a provision of the New ADU Law that states the New ADU Law does not supersede or lessen the effect of the California Coastal Act and, by extension, the existing Coastal Development Permit requirements for ADUs. However, the Coastal Commission also "strongly recommends that local governments amend their LCPs to address the review of coastal development permit applications for ADUs in light of the new legislation."

12 Page 12 of 13 Planning Division staff analyzed the County's CZO to determine if amendments were necessary to achieve compliance with the New ADU Law. Staff identified several CZO sections that do not comply with the New State ADU Law. For example, while the State ADU Law allows for the conversion of garage or carport parking spaces for ADUs, the current CZO prohibits the conversion of parking spaces for other uses. With application of the New ADU Law, most ADUs proposed in the coastal zone will still require a discretionary Coastal Development Permit. The Coastal Commission may allow an exception for lnterior ADUs, based on the fact that the existing, approved building footprint would not be altered for interior conversions. However, this is unknown until revisions to the CZO are proposed and reviewed by Coastal Commission staff. Thus, there are two general options available to your Board in regard to CZO amendments: Option 1: Process amendments as needed to bring the CZO into compliance with the New ADU Law; or Option 2: Cqmprehensively amend the CZO to both bring it into compliance with the new ADU Law and make it consistent with the NCZO. Both Option 1 and Option 2 would bring the CZO into compliance with the New ADU Law, but would also require review and certification by the Coastal Commission, which would extend the processing time for this project by approximately three months to June However, Ciption t may qualify for a-"de minimus determination" through the Coastal Commission, which would expedite and simplify processing. Option 1 is the one your Board selected during the last comprehensive update to coastal ADU regulations in 2003 and the one recommended by Planning Division staff. Please provide direction on which of the two options your Board prefers with respect to Coastal Zoning Ordinance amendments. This letter was reviewed by the County Executive Office, the Auditor-Controller's Office, and County Counsel's Office. lf you have any questions regarding this item, please contact Tricia Maier, Long Range Planning Manager, at orby attricia.maier@ventura.org. You may also contact Charles Anthony, Project Planner, at or by at charles. antho ny@ventu ra. org. e Attachments rt, Planning Division Exhibit 1: Exhibit 2: New ADU Law (Gov. Code Sec ) Former SDU Ordinance

13 Page 13 of 13 Exhibit 3: Exhibit 4: Exhibit 5: Adopted ADU lnterim Ordinance No Board Letter dated March 14,2017 Background lnformation on Previously Adopted ADU Regulations