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(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)
(A) Functional areas - The accessory dwelling unit shall comply with all applicable habitability standards. The accessory dwelling unit shall contain an independent kitchen facility that shall include the following features: (i) sink; (ii) refrigerator of more than five-cubic feet capacity; and (iii) range or cooktop. The accessory dwelling unit shall include a separate bathroom with sink, toilet, and bathing facility; and separate or combined living and sleeping areas.
(B) Foundation - The accessory dwelling unit shall be constructed on a permanent foundation, complying to the California Building Standards Code.
(C) Architecture - An attached or detached accessory dwelling unit shall comply with the architectural standards of section 16-23 and shall be of materials, colors and in a style which are each compatible with the primary residence, or as reasonable as determined by the director.
(D) Public utility connection fees, meters, and capacity upgrades - The accessory dwelling unit shall be served by adequate public utility facilities including, but not limited to, electric, sewer, water and streets, as certified by the public works director.
(1) Accessory dwelling units shall not be considered by a local agency, special district, or water corporation to be a new residential use for the purposes of calculating connection fees or capacity charges for utilities, including water and sewer service.
(2) New utility connection or payment of impact fees shall not be required for an accessory dwelling unit of less than 750 gross square feet.
(3) Any impact fees charged for an accessory dwelling unit of 750 square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit. Impact fees for an ADU of 750 square feet or more on a lot with a multifamily dwelling shall be charged at the adopted multi-family rate appropriate for the construction type. For purposes of this division, impact fee does not include City of Oxnard water or sewer connection fees or capacity charges.
(4) A new utility service meter shall only be required for a type 1 accessory dwelling unit, type 2A if the detached garage is not already connected to the primary residence utility service, or type 2C if a structure is not already connected.
(5) Existing water and wastewater service laterals and/or lines and/or meters may be required to upgrade to a capacity that includes the accessory dwelling unit.
(E) Separate entrances - The accessory dwelling unit shall have one entrance separate from the entrance to the primary dwelling unit. Only one of the entrances may be visible from the front yard of the primary dwelling unit unless the primary dwelling unit and accessory dwelling unit entrances are designed in a manner that maintains the appearance of a single-family dwelling. An entrance leading to a foyer with entrances leading from the foyer to the primary dwelling unit and the accessory dwelling unit is allowed. An accessory dwelling unit shall have one primary entrance similar in design to that of the primary dwelling unit. Secondary exterior access including sliding doors, french doors, and the like, may be provided in accordance with applicable development standards.
(F) Occupancy by owner - For accessory dwelling units permitted between January 1, 2020 and December 31, 2024, the primary residence or the accessory dwelling unit is not required to be occupied by the property owner.
(G) Recorded agreement - Beginning on January 1, 2025, unless otherwise changed by State law, before a certificate of occupancy is issued for the accessory dwelling unit, an agreement affecting real property shall be recorded against the property that imposes specific restrictions on the property including occupancy by owner of the property. The language of the agreement affecting real property shall be approved by the City of Oxnard prior to its recordation.
(H) Not for sale - The accessory dwelling unit shall not be sold or offered for sale separately from the primary dwelling unit, unless specifically allowed by State law.
(I) Rentals - The accessory dwelling unit and/or the primary dwelling unit may be rented. Rental terms shall be 30 days or longer.
(J) Only one accessory dwelling unit - Not more than one accessory dwelling unit may be constructed on any legally existing lot or combinations of lots that are developed as one residential use. A junior accessory dwelling unit may also be allowed pursuant to section 16-467.2.
(K) Sprinklers - Fire sprinklers are required for any accessory dwelling unit if they are required for the primary dwelling unit.
(L) Building code - All building standards code requirements that apply to detached dwellings apply to accessory dwelling units.
(M) Maximum height - Maximum height of the accessory dwelling unit is the greater of the underlying zone designation, the existing height of an existing accessory structure being converted to an accessory dwelling unit, or the height allowed by a permit approving the conversion of a non-residential structure to a residential use and an accessory dwelling unit.
(N) Minimum size - The minimum size of an accessory dwelling unit shall be the same as an efficiency unit consistent with the meaning of Cal. Health & Safety Code Section 17958.1.
(O) Side, rear, and front yard setbacks - All otherwise applicable setback requirements shall apply except:
(1) The minimum required side and rear yard setback for an existing legal structure that encroaches into a required side or rear setback that is to be converted into an accessory dwelling unit shall be equivalent to the existing legal structure's exterior walls that come nearest the property line and coterminous with the length of the encroachment.
(2) The minimum required side and rear yard setback for new development is four feet for an accessory dwelling unit unless a larger setback is required for safety access purposes per section 16-467.
(3) The front yard setback remains that of the underlying zoning on the applicant property.
(P) Development standards that do not apply - The following development standards do not apply to accessory dwelling units and are not to be considered in the application review:
(1) Minimum lot size;
(2) Minimum open space requirement;
(3) Minimum patio/balcony dimensions;
(4) Density and/or floor area ratio; and
(5) Interior yard space standards.
(Ord. No. 2914, 2925, 2959, 2984, 3034)
Except as provided in section 16-469, ("Fire Safety Exception to Setback Requirements for Accessory Dwelling Units"), types 1, 2A, 2B, 2C, 3 and 4 accessory dwelling units shall meet or exceed all of the following standards:
(A) Zoning compliance - Except as otherwise provided herein, the primary dwelling units and the accessory dwelling unit shall meet current applicable requirements for the zone in which the primary dwelling unit and the accessory dwelling unit are located. The accessory dwelling unit shall not be considered when calculating the maximum number of dwelling units permitted by the underlying zone designation.
(B) Residentially zoned - Accessory dwelling units are allowed in the following zones: R-1, R-1-PD, R-1-7-PD, R-10-PD, R-1-8-PD ("Single-Family"); R-2, R-2-PD ("Multiple-Family"); R-3, R-3-PD ("Medium Density Residential"); and R-4 ("Medium-High Residential Density").
(C) Commercial and mixed-use zoned - Accessory dwelling units are allowed in the following zones if the lot is developed with only one legal primary dwelling unit: C-1 ("Neighborhood Shopping Center"); C-2 ("General Commercial"); and DT-E ("Downtown Edge").
(D) Single-family dwelling - There must be an existing legal or proposed single-family dwelling on the lot.
(E) Passageways and patio covers - No passageway, breezeway, or other type of covered passageway that is not fully enclosed and/or conditioned space shall be allowed to connect the primary dwelling unit to a detached accessory dwelling unit. A patio cover attached to an accessory dwelling unit may be approved that complies with the applicable accessory dwelling unit setbacks and required separation from other structures. The patio cover area shall not be counted as part of the accessory dwelling unit floor area.
(F) An ingress/egress addition not to exceed 150 square feet may be attached to a type 2A, 2B, or 4 accessory dwelling unit. The ingress/egress addition must comply with a minimum four-foot side and rear yard setback.
(G) Maximum gross floor area.
(1) Type 1: New detached accessory dwelling unit - only structure with or without garage - the permissible floor area shall not be more than 1,200 gross square feet.
(2) Type 2A: Conversion of an existing detached legal accessory structure to an accessory dwelling unit - maximum permissible floor area shall not be more than 1,200 gross square feet.
(3) Type 2B: Conversion of a primary dwelling unit's attached garage to an accessory dwelling unit - maximum permissible floor area shall not be more than the size of the existing garage.
(4) Type 2C: Conversion of an existing non-residential structure to a primary dwelling unit with an accessory dwelling unit - for a detached accessory dwelling unit the maximum size shall not be more than 1,200 gross square feet. An accessory dwelling unit that is attached to the primary dwelling unit shall not exceed 50% of the size of the primary dwelling unit; except that the maximum size shall not be less than 850 square feet for a one-bedroom or 1,000 square feet for two or more bedroom accessory dwelling unit.
(5) Type 3: Accessory dwelling unit attached to an existing primary dwelling unit - maximum permissible size shall not exceed 50% of the size of the primary unit; except that the maximum size shall not be less than 850 square feet for a one-bedroom or 1,000 square feet for two or more bedroom accessory dwelling unit.
(6) Type 4: Accessory dwelling unit fully within an existing primary dwelling unit - no maximum size except that the accessory dwelling unit shall be the smaller of the two dwelling units and the minimum floor area of both the primary and accessory dwelling units shall be no less than that of an efficiency unit consistent with the meaning of Cal. Health & Safety Code (HSC) 17958.1.
(Ord. No. 2984)
Except as provided in section 16-469, ("Fire Safety Exception to Setback Requirements for Accessory Dwelling Units"), a type 5 junior accessory dwelling units shall meet or exceed all of the following standards:
(A) Zoning compliance - Except as otherwise provided herein, the primary dwelling unit and the junior accessory dwelling unit shall meet current applicable requirements for the zone in which the primary dwelling unit and the junior accessory dwelling unit are located. The junior accessory dwelling unit shall not be considered when calculating the maximum number of dwelling units permitted by the underlying zone designation.
(B) Residentially zoned - Junior accessory dwelling units are allowed in the following zones: R-1, R-1-PD, R-1-7-PD, R-10-PD, R-1-8-PD ("Single-Family"), R-2, R-2-PD ("multiple- family"); R-3, R-3-PD ("Medium Density Residential"); and R-4 ("Medium-High Residential Density").
(C) Commercial and mixed use zoned - Accessory dwelling units are allowed in the following zones if the lot is developed with only one legal primary dwelling unit C-1 ("Neighborhood Shopping Center"), C-2 ("General Commercial"); or DT-E ("Downtown Edge").
(D) Single-family dwelling - There must be an existing legal or proposed primary single- family dwelling on the lot.
(E) Minimum gross floor area - 70 square feet for one person, 220 square feet for two persons consistent with Cal. Health & Safety Code Section 17958.1.
(F) Maximum gross floor area - Permissible floor area shall not be more than 500 gross square feet.
(G) Conversion of habitable space and/or converted attached garage - The junior accessory dwelling unit shall consist only of primary dwelling unit habitable area, such as a bedroom, and/or conversion of all or a portion of an attached garage so that the junior accessory dwelling unit is fully within the existing footprint of the primary dwelling unit and its attached garage, except that an ingress/egress addition not to exceed 150 square feet may be attached to the type 5 junior accessory dwelling unit. The ingress/egress addition must comply with a minimum four-foot side and rear yard setback.
(H) Kitchenette - Minimum requirements are a hot and cold water sink, 4.5-cubic-foot refrigerator, two ground fault circuit interrupter outlets, 8 square feet of counter space, and 5 linear feet of cabinet space.
(I) Bathroom or bathroom access - Full bathroom or continuous access to a full bathroom via a common door to the primary unit that includes sink, toilet, and bathing facility. Bathroom access that requires crossing through an outdoor area is not allowed. A bathroom with a shower-only facility instead of a bathtub complies. Before a certificate of occupancy is issued for the junior accessory dwelling unit, an agreement affecting real property shall be recorded against the property that imposes specific restrictions on the property including bathroom access for the benefit of the junior accessory dwelling unit. The language of the agreement affecting real property shall be approved by the City of Oxnard prior to its recordation.
(J) Outside entrance - The junior accessory dwelling unit shall have one entrance separate from the entrance to the primary dwelling unit. The outside entrance to the junior accessory dwelling unit shall not be visible from the front yard of the primary dwelling unit unless the primary dwelling unit and junior accessory dwelling unit entrances are designed in a manner that maintains the appearance of a single-family dwelling. An entrance leading to a foyer with entrances leading from the foyer to the primary dwelling unit and the junior accessory dwelling unit is allowed. A junior accessory dwelling unit shall have one primary entrance similar in design to that of the primary dwelling unit. Secondary exterior access including sliding doors, french doors, and the like, may be provided in accordance with applicable development standards.
(Ord. No. 2984)
Except as provided in section 16-469, ("Fire Safety Exception to Setback Requirements for Accessory Dwelling Units"), type 6 multi-family accessory dwelling units shall meet or exceed all of the following standards:
(A) Conversion of multi-family non-habitable areas - Existing non-habitable spaces within a multifamily residential structure such as storage, passageway, attics, or garages may be converted to one or more accessory dwelling units.
(B) Detached - No more than two detached accessory dwelling units are allowed in a legal multi-family structure within the same project area and lot that are either converted existing non- habitable space and/or new construction.
(C) Maximum allowed - The sum of accessory dwelling units that are conversions of non- habitable area (A) and/or detached structures (B) shall not exceed 25% of the pre-existing total legal multifamily dwelling units within the same project area and on the lot.
(D) Junior accessory dwelling units are not allowed in multi-family structures.
(E) Residentially zoned - Accessory dwelling units are allowed in legal multifamily structures in the following zones: R-1, R-1-PD, R-1-7-PD, R-10-PD, R-1-8-PD ("Single-Family"); R-2, R-2-PD ("Multiple-Family"); R-3, R-3-PD ("Medium Density Residential"); and R-4 ("Medium-High Residential Density").
(F) Commercial and mixed use zoned - Accessory dwelling units are allowed in the following zones if the lot is developed with one legal multi-family structure: C-1 ("Neighborhood Shopping Center"), C-2 ("General Commercial"); DT-E ("Downtown Edge"), DT-C ("Downtown Core"), and DT-G ("Downtown General").
(G) Minimum gross floor area - 220 square feet for two persons consistent with Cal. Health & Safety Code Section 17958.1.
(H) Maximum gross floor area - Permissible floor area shall not exceed 1,200 gross square feet.
(I) Entrance location and lighting - An accessory dwelling unit entrance shall not open into a drive aisle or parking space or otherwise place the resident in a vehicular path of travel, and shall have outdoor lighting and a safe and clear pedestrian path to the primary unit's public street frontage to the satisfaction of the director.
(Ord. No. 2984)
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