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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)
When a proposed accessory dwelling unit is a combination of two or more accessory dwelling unit types 1, 2A, 2B, 2C, 3, or 4 and 5, the following procedure shall apply to identify the applicable development standards and permitting process:
(A) The applicant shall identify the two or more accessory dwelling unit types being utilized consistent with section 16-465.1.
(B) The applicant shall include calculations of the floor area for each type as components of the project.
(C) The director shall utilize the development standards of the accessory dwelling unit type component that has the largest floor area.
(D) A type 5 junior accessory dwelling unit application is a separate application that may be submitted concurrently with a type 7 application.
(Ord. No. 2984)
(A) Parking requirements - The requirements of city code section 16-622(F) (entitled "Schedule of Vehicle-Off-Street Parking Requirements") apply, where not specified in this section.
(B) Off-street parking requirements for accessory dwelling units shall not exceed one parking space per unit or per bedroom, whichever is less. These spaces may be provided as tandem parking.
(C) Off-street parking is not required in any of the following instances when the applicant demonstrates that:
(1) The accessory dwelling unit is located within one-half mile walking distance of public transit, including transit stations and bus stations;
(2) The accessory dwelling unit is located within an architecturally and historically significant historic district;
(3) The accessory dwelling unit is a type 2A, 2B, or type 4, constructed entirely within the proposed or existing primary dwelling unit or an attached or detached accessory structure and/or garage;
(4) When on-street parking permits are required by the city but not offered to the occupant of the accessory dwelling unit; or
(5) When there is a car share vehicle use located within one block of the accessory dwelling unit.
(D) Demolished or converted required parking spaces - When a required garage, carport, or covered parking structure for the primary dwelling unit is demolished or converted in conjunction with the construction of an accessory dwelling unit, no replacement parking spaces are required.
(Ord. No. 2914, 2925, 2959, 2984, 3034)
Notwithstanding any other provision of this code to the contrary, the director shall not ministerially approve an application for a permit to create an accessory dwelling unit if the accessory dwelling unit side and/or rear setbacks are insufficient for fire safety as determined by the fire marshal.
(Ord. No. 2914, 2925, 2959, 2984)
(Ord. No. 2914, 2925, 2959, 2984)
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