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(A) The commission shall require appropriate walls, fencing and landscaping around the perimeter of the project in conformance with the provisions of this chapter. Walls and fences shall be shown on the site plan.
(B) The commission shall consider a landscaping plan for all common open areas. Landscaping shall comply with the provisions of this chapter.
(`64 Code, Sec. 36-7.13.9) (Ord. No. 2132)
DIVISION 13. ACCESSORY DWELLING UNITS
(A) Accessory dwelling units (also known as "second units," "granny flats," "in-law suites," "tiny homes" and/or "cottages") are small residential units on a permanent foundation located within, attached to, or detached and adjacent to the primary single-family unit or multifamily structure, and can provide an important source of affordable housing.
(B) Accessory dwelling units, when appropriately sized and located, have little impact on neighborhood quality of life.
(C) Establishing reasonable regulations of accessory dwelling units is an appropriate mechanism to properly balance the need for additional affordable housing with the need to maintain existing community character and neighborhood quality of life.
(D) Accessory dwelling units may be referred to as efficiency, studio, or single, and be of any room count and configuration allowed by applicable development standards and building codes. A junior accessory dwelling unit is established by Cal. Gov’t Code Section 65852.22 and is considered a separate use under the provisions of section 16-467.2.
(E) For purposes of these regulations, references to "director" shall mean the community development director.
(Ord. No. 2914, 2925, 2959, 2984)
An accessory dwelling unit is classified as one of the following nine types:
(A) Type 1: New detached accessory dwelling unit-only structure with or without garage. Purpose and intent: Development of an accessory dwelling unit in a new structure fully separate from the existing or proposed primary dwelling unit involving no conversion of existing structures or attachments to the existing structures. All construction is to occur on the same legal parcel as the existing or proposed primary dwelling unit.
(B) Type 2A: Conversion of an existing detached legal accessory structure to an accessory dwelling unit. Purpose and intent: Conversion of an existing detached garage or accessory structure to an accessory dwelling unit with no changes to or attachment to the primary dwelling unit. All construction is to occur on the same legal parcel as the existing primary dwelling unit.
(C) Type 2B: Conversion of a primary dwelling unit's attached garage to an accessory dwelling unit. Purpose and intent: Conversion of only the primary dwelling unit's attached garage to an accessory dwelling unit with no conversion of the primary dwelling unit area or attachment to the primary dwelling unit. All construction is to occur on the same legal parcel as the existing primary dwelling unit.
(D) Type 2C: Conversion of existing non-residential structure to a primary dwelling unit with an accessory dwelling unit. Purpose and intent: Conversion of an existing non-residential structure to a primary dwelling unit with an internal or detached accessory dwelling unit. The project could include an addition. All construction is to occur on the same legal parcel as the existing structure.
(E) Type 3: Accessory dwelling unit attached to an existing primary dwelling unit. Purpose and intent: New construction of an accessory dwelling unit attached to the existing primary dwelling unit with no conversion of the primary dwelling unit interior living area. All construction is to occur on the same legal parcel as the existing primary dwelling unit.
(F) Type 4: Accessory dwelling unit fully within an existing primary dwelling unit. Purpose and intent: Conversion of only the existing primary dwelling unit habitable areas to create an accessory dwelling unit involving no attachment or conversion of attached or detached garage(s). All construction is to occur on the same legal parcel as the existing primary dwelling unit.
(G) Type 5: Junior accessory dwelling unit. Purpose and intent: Conversion of existing primary dwelling unit habitable area (i.e. bedroom) to a small junior accessory dwelling unit. All construction is to occur on the same legal parcel as the existing primary dwelling unit.
(H) Type 6: Conversion of multifamily non-habitable areas. Purpose and intent: Conversion only of existing multi-family structure non-habitable areas (i.e. passageways, attics, and/or garages) to one or more accessory dwelling units, and allows not more than two detached accessory dwelling units, with the total accessory dwelling units not to exceed 25% of the existing number of multi-family units in the structure within the same project area. Junior accessory dwelling units are not allowed in multi-family structures.
(I) Type 7: Mixed accessory dwelling unit types 1 to 4. Purpose and intent: Development of an accessory dwelling unit that is a mix of types 1, 2A, 2B, 2C, 3, and/or 4 with an existing or proposed primary dwelling unit on one legal parcel. A junior accessory dwelling unit is allowed as a separate type 5 application.
(Ord. No. 2984)
(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)
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