SEC. 16-466.  MINISTERIAL CONSIDERATIONS.
   (A)   Types 1, 2A, 2B, 3, 4, 5, 6 and 7 - If the director receives an application to construct an accessory dwelling unit or junior accessory dwelling unit and the proposal meets all of the requirements of the city code, then within 60 days of the director receiving an application for  the accessory dwelling unit or junior accessory dwelling unit, the director shall ministerially approve the application without a hearing.
   (B)   Type 2C and 7 - If the director receives an application to convert an existing non- residential structure to a residential use that includes a type 2C accessory dwelling unit, the application shall follow applicable permitting for the conversion of an existing non-residential structure to a residential use, and the application can include an accessory dwelling unit as an allowed use, but the 60-day permit approval period does not commence until the date on which the converted structure has received permit approval by the community development department.
   (C)   The 60-day statutory permit approval period commences when the accessory dwelling unit or junior accessory dwelling unit application and plans are in the city's possession and deemed complete.
   (D)   An accessory dwelling unit or junior accessory dwelling unit permit application may be denied ministerially under any one of the following situations:
      (1)   Plan check corrections remain unaddressed at day 60 and/or plans and/or responses to corrections remain in non-compliance with applicable codes.
      (2)   Development of the accessory dwelling unit or junior accessory dwelling unit would create a life-safety hazard.
      (3)   The location of the proposed accessory dwelling unit is within a district designated by the city council as an area where development of accessory dwelling units are not allowed based on adequacy of water and sewer services and the impact of accessory dwelling units on traffic flow and public safety.
   (E)   Historic district or historic landmark designation - Applications for an accessory dwelling unit or junior accessory dwelling unit within a designated historic district or on a parcel with a historic landmark designation by the City of Oxnard, County of Ventura, State of California, and/or U.S. Department of the Interior, or on a property that is within the 2005 Downtown Oxnard Historic Resources Survey area, the application will default to applicable cultural heritage permitting procedures for development in that location, except that the accessory dwelling unit or junior accessory dwelling unit application and use is allowed pursuant to Cal. Gov't Code Section 65852.2. If a junior accessory dwelling unit application indicates no changes to the exterior of a dwelling unit, the cultural heritage permitting procedures may be waived by the director.
   (F)   An accessory dwelling unit may be proposed and constructed concurrently with construction of an addition to the primary dwelling unit that, by and of itself, meets applicable zoning district development standards for the primary dwelling unit. The minimum and maximum allowed accessory dwelling unit floor areas shall be based on the total size of the primary dwelling unit plus any additions integrated within only the primary dwelling unit habitable area.
   (G)   An application for an accessory dwelling unit that does not comply with applicable standards (section 16-467) applicable type standards (section 16-467.1,16-467.2, or 16-467.3), and the proposed project does not otherwise meet criteria for a standards variance per chapter 16, article VII, division 5, sections 16-565 to 16-569, inclusive, may request that an accessory dwelling unit application be removed from the statutory-by-right 60-day building permit process and submit an application for a development design review planning permit pursuant to section 16-525 under which the accessory dwelling unit application is not considered ministerial and the 60-day statutory permitting period does not apply.
   (H)   A nonrefundable fee in the amount set by city council resolution shall be paid upon the filing of an application for an accessory dwelling unit or a junior accessory dwelling unit. Applications may incur additional fees imposed pursuant to this code or other applicable regulations.
(Ord. No. 2914, 2925, 2959, 2984)