(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)