Oxnard ADU / Granny Flat Ordinance

http://caladu.org/ordinance/Oxnard-12-27-2016.pdf

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c ORDINA NCE NO. 2914

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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OXNARD AMENDING DIV ISION 13 OF ARTICLE V OF CHAPTER 16 OF THE MU NICIPAL CODE FROM “SECOND UNITS” TO “ACCESSORY DWELLING UNITS”, REVISING THE TITLE OF SECTION 16-465 OF THE MUNICIPAL CODE TO “ACCESSOR Y UNITS, STANDARDS FOR

c REVIEW”, REVISING SECTION 16-465 OF THE MUNICIPAL CODE,

AMENDING A RELATED CROSS REFERENCE IN SECTION I 6-2 I ,

AMENDING A RELATED DEFINITION IN SECTION I 6- l0, AND AMENDING PORTIONS OF SECTION 16-622 RELATING TO PAR KING FOR ACCESSORY DWELLING UNITS

WHEREAS. pursuant to Municipal Code section 16-21(B)( 12), permitted uses in the R-1 Single-Famil y zone currently include, “Second units. provided that the standards in section 16- 465 are met and an application for such a unit is approved by the +director”:and

c WHEREAS. the R-2 “Multiple Family”, and R-3 “Garden Apartment” zones incorporate

( the requirements of 16-2l(B)(12) and therefore also pern1it second units with an administrat ive

c pennit: and

c WHEREAS, the C-2 “General Commercial” and the CBD “Central Business District”

c zones allow second units with a special use permit;

( WHEREAS. effective January 1. 2017, pursuant to AB 2299, Government Code §

( 65852.2 will be amended. and as a result, various provisions of the existing municipal code would become inconsistent with state law. unless the Oxnard Municipal Code is updated: and

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( WHEREAS, effective January 1. 2017, Government Code § 65852.2 will be amended to refer to “accessory dwelling units” rather than “second units”: and

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WHEREAS. the revisions to this ordinance are not contingent upon the approval of the

city’s proposed housing element by the Department of Housing and Community Development

( because no accessory dwelling units are proposed to meet the R HNA requirement: and

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WHEREAS, updating the ordinance will nevertheless assist in the implementation and

( administration of the City’s Housing Element: and

( WHEREAS on September 15, 2015. the California Department of Housing and Commu ni t y Development tentativel y approved the City’s draft 2013-2021 Housing Element. which included a Program 6 to update the City’s regulat ions of accessory dwel ling units; and

WHEREAS. it is i n the best interest of the public to establish and upd ate reasonable

( standards rel ating to provision of affordable housing in specified zones in the City: and

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Ordinance No. 2914

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WHEREAS. the Planning Commission held t wo study sessions. received and considered public comments, and vote unanimously to recommend approval of this zone text amendment at its meeting of November 17. 2016.

NOW THEREFORE, the City Council of the City of Oxnard hereby ordains as follows: Part 1. Amend Section 16-10 “Definitions”. Existing subsection (A)(2) of Municipal

Code Section 16-10. “Accessory Sign”, and all subsequent subsections through and includ ing (A)(! 16). are renumbered, as appropriate, to make space for a new subsection (2). For example,

existing subsection (A)(2) will be renumbered to be subsection (A)(3), and existing (A)( l 15) will (

become (A)(l 16).

Existing subsection (A)(l 16) of Municipal Code Section 16-10 “Second Dwelling Unit” 1s hereby renumbered as subsection ( A)(2) of Section 16-10, and shall provide as follows:

”(2) ACCESSORY DWELLING UNIT – An attached or detached resident ial dwelling unit that provides complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation, and is situated on the same parcel as an existing primary single- family dwelling, but is subordinate to and smaller than the primary dwell ing.”

Existing subsection ( 117) and the subsequent subsections are not renumbered. c

Part 2. Revise Section 16-21(B)(12). Subsection ( 12) of subsection (B) of Section 16- (

21 is hereby revised to provide as follows:

“(12) Accessory dwelling units. provided that the standards in Division 13 of Article V of Chapter 16 of the Municipal Code (Starting at Section 16-465) are

met and an appl ication for such a unit is approved by the director.” (

Part 3. Amend Title of Division 13 The title of Division 13 of Article V of Chapter 16 c

of the Municipal Code is hereby revised to be “Accessory Dwelling Units”‘. Existing section 16-

465 is revised to be entitled, ”Purpose and Findings•·. Section 16-465 is revised, and new sections 16-466 through 16-469 are added to Division 13 to provide as follows:

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Section 1 6-465. Purpose and Findings. c

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  1. Accessory dwell ing units (also known as “second units” or “granny flats”) are typicall y (

located behind or within large and primary single family units, and can provide an

important source of affordable housing.

  1. Accessory dwelling units. when appropriatel y size and located, ha ve li ttle impact on c

neighborhood quality of life.

  1. Establishing reasonable regulations of accessory dwelling units is an appropriate mechanism to properl y balance the need for addit ional affordable housing with the need

to maintain existing community character and neigh borhood qualit y of l ife. l

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c Ordinance No. 2914

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Section 16-466. Ministerial Consideration.

  1. New Construction. If the director receives an appl ication to construct an accessory dwelling unit (by either adding on to an existing structure. or constructing a new detached structure). and the proposal meets all of the requ irements of the Municipal Code. then

( within I 20 days of the director receiving a complete application the accessory dwelling unit, the director shall ministerially approve the application without a hearing.

B. No Expansion. If the appl icant will not be adding floor area, and instead has submitted a complete appl ication for an accessory unit entirely within the existing space of a single­ family residence or accessory structure, then the requirements of 16-469 (“Exception for Accessory Unit Within Existing Single Famil y Residence or Accessory Structure”) shall

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Section 16-467. Standards for Review. Except as provided in Section 16-469. (“Exception for Accessory Unit Within Existing Single Family Residence or Accessory Structure”). all accessory dwelling units shall meet or exceed all of the following standards:

A. Zoning Compliance. Except as otherwise provided herein, the pri mary residence and the accessory dwelling unit shall meet current requirements for interior yard space, height, landscaping. setbacks and parking for the zone in which the primary residence and the

accessory dwelling unit are located. The accessory dwelling unit shall not be considered when calculating the maximum number of dwelling units.

( B. Resident ially Zoned. The lot must be zoned R- l ”Single Family”, R-2 “Multiple

c Fami l y”, or R-3 “Garden Apartment”.

C. Single Family Dwelling. There must be an existing single-famil y dwelling on the lot, and

c the single-family dwelling must be either legal nonconforming. or legal.

( D. No Passageway. No passageway shall be required in conjunction with the construction of an accessory dwell ing unit.

( E. Setbacks .f or Garage Units. All otherwise applicable setback requirements apply except ( that in no event shall ( I ) a setback be req ui red for a garage that is converted to an

( accessory dwelling unit, or (2) a required setback exceed five feet from the side and rear ( lot lines for an accessory dwelling unit that is constructed above a garage.

F. Kitchen. The accessory dwelling unit shall contain its own kitchen facility and bathroom

facil i ty separate from the primary dwelling unit. The kitchen facility shall include at least ( one of each of the following features: (i) sink; (ii) refrigerator of more than 5 cubic feet ( capacity; and ( iii) range or cooktop. The accessory dwelling unit shall comply with all

applicable habitabil ity standards.

( G. Foundat ion. The accessory dwelling unit shall be constructed on a permanent foundation,

( complying to the California Building Standards Code.

l. H. Architecture. The accessory dwelling unit shall compl y with the architect ural standards c of section 16-23. If the accessory dwelling unit is an addit ion to the primary unit. the accessory dwelling unit shall be of materials. colon; and in a style which are each

c compatible with the pri mary residence. as reasonabl y determined by the director.

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Ordinance No. 2914

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  1. Public Utilities. 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 pub! ic works director.

  1. Sepa rate entrances. The accessory dwelling unit shall have an entrance separate from the

entrance to the primary residence. Only one of the entrances may be visible from the c

front yard of the primary residence. An entrance leading to a foyer with entrances leading

from the foyer to the primary dwelling unit and the accessory dwelling unit is allowed.

  1. Occupancy by Owner. The primary residence or the accessory dwelling unit shall be

occupied by the property owner, and the property owner shall annually certify to the City c

such occupancy. An owner may be absent from the pri mary or accessory dwelling unit

for up to 12 months during any 36-month period. A property owner who will be absent for more than 12 months may obtain an additional 12 months’ absence with director approval if the director determines the approval will not be detrimental to the neighborhood. Before a certificate of occupancy is issued for the accessory dwelling unit, an agreement affecting real property shall be recorded against the property that imposed specific restrictions on the property including occupancy by owner of the property, the accessory unit not being for sale separate from the primary residence and limitations on rentals. The language of the agreement affecting real property shall be approved by the City prior to its recordation.

L. Not for Sale. The accessory dwelling unit shall not be intended to be sold or offered for sale separateI y from the primary residence.

  1. Rentals. Either the accessory dwelling or the primary residence may be rented. but not both. Rental terms shall be 30 days or longer
  2. Only One Accessory Dwelling Unit. No more than one accessory dwelling unit may be (

constmcted on any legally existing lot.

0. Historic Structll res. The accessory dwelling unit shall not be on any parcel that is listed in the Cal ifornia Register of Historic Places, and shall not be conspicuously visible from any parcel that is listed in the California Register of Historic Places. Applicant shall

obtain a certificate of appropriateness from the City, prior to filing an application for an (

Accessory Dwelling Unit permi t on a parcel that is visible from the parcel l isted in the

Register.

  1. Sprinklers. Fire sprinklers are required for any accessory dwelling unit if they are

required for the primary residence. c

  1. Building Code. All building standards code requirements that apply to detached

dwellings apply to accessory dwelling units.

  1. Mt:Limw11 Floor Area. (
    1. . Detnched Unit. If the accessory dwell ing unit is detached from the ex ist ing pri mary c

dwell ing unit. then the accessory dwelling unit’s maximum permissible floor area (

shall be 50% of the square footage of the primary residence, except that the maximum

shall not be less than 600 square feet, or more than 1,200 square feet, except that the

otherwise appl icable maxi m um permissible floor area shall be increased to the extent c

necessary for ADA compliance: provided. however, that at least an efficiency unit (as (

that term is defined by Health and Safety Code Section 17958.1) shall be allowed to ( be constructed in compliance with the local development standards. c c

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( Ordinance No. 2914

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( 2. Addition to Eisting Residence for Accessory Unit. If the accessory dwelling unit is ( attached to an exist ing primary dwelling unit. and floor area is added to the existing primary dwelling unit, then the maximum floor area the applicant may add is 50% of

the square footage of the primary residence, except that the maximum shall not be less than 600 square feet. or more than 1,200 square feet, except that the otherwise applicable maximum permissible additional floor area shall be increased to the extent necessary for ADA compl iance; provided, however, that at least an efficiency unit (as

( that term is defined by Health and Safety Code Section l 7958. l ) shall be allowed to

( be constructed in compliance with the local development standards.

( Section 1 6-468. Parking.

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Parking Requirements. The requirements of Municipal Code Section 16-622.F (entitled

“Sched ule of Vehicle-Off-Street Parking Requirements”) apply.

B. Demolished parking spaces. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit, and the off-street parking spaces are required to be replaced ( See Code Section 16-622 for a listi ng of the special situations when parking is not required for accessory dwelling units). the replacement spaces may be located in any configuration on the same lot as the

c accessory dwelling unit, including, but not limited to, as covered spaces. uncovered

c spaces, or tandem spaces. or by the use of mechanical automobile park ing lifts.

c Section 1 6-469. Exception for Accessory Unit Within Existing Single Family Residence or

Accessory Structure. Notwithstanding any other provision of this code to the contrary. the

director shall. without a hearing, ministerially approve a complete application for a building

permit to create an accessory dwelling unit if all of the following appl y:

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  1. The unit is contained ent irely within the existing space of a single-family residence or

accessory structure (without adding floor area to the existing residence or accessory

( structure).

c B. The uni t will be on a lot zoned R -1 (Single Family), R-2 ( Mult iple Family), and R-3

( (Garden Apartment ) zones.

C. There will be only one accessory dwelling unit on the lot.

( D. The unit has independent exterior access from the existing residence.

( E. The side and rear setbacks are sufficient for fire safety as determined by the Fire Marshal.

( F. Fire sprinklers are provided to the same extent that they are required for the primary residence.

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( Section 1 6-469.5. Accessory Uses in C-2 and CBD Zones. Accessory Dwelling Units are ( allowed i n the C-2 and CBD zones upon the issuance of a Special Use Permit pursuant to

Div ision 3. Section 16-530 of the Oxnard Municipa l Code.

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( The director is directed to approve the appl ication within 120 days of receipt of a complete ( application.

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Ordinance No. 2914

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Part 4. Revised Code Section 16-622: Municipal Code section 16-622, ent itled c (“Schedule of Vehicle-Off-Street Parking Requirements”) are hereby revised as follows: c The second row of the chart within subsection (F) entitled “Residential” is revised. and a row c shall be added immediatel y thereafter. to provide as follows: c

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c Ordinance No. 2914

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( Part 5. Development Related Fees!City staff is directed continue to collect all lawful c fees relating to the approval of accessory dwelling units (previousl y referred to as ‘”second c units”), including but not limited to. the processing of planning applications, impact fees, c connections fees. and the consideration and issuance of building and related pem1its. to the maximum extent allowed by Government Code § 65852.2 (d) ff). The City Council may update

such fees by resolution.

( Pa rt 6. Severability; If any provision(s ) of this ordinance or the application thereof to any person or circumstances is held inval id or unconstitut ional by any court of competent

c jurisdiction, such invalidity or unconstitutionality shall not affect any other provision or

( application. and to this end, the provisions of this ordinance are declared to be severable. The c City Council hereby declares that it would have adopted this ordinance and each section. subsection. sentence. clause, phrase. part or portion thereof, even though any one or more

sections, subsections. clauses. phrases, parts or portions thereof was declared invalid or unconstit utional.

Part 7. Effective date. This ordinance shall become effective thirty (30) days after it is finally adopted.

Part 8. Publication! The City Council directs as follows:

  1. The City Clerk shall certify as to the adoption of this ordinance and shall cause the

c summary thereof to be published within fifteen calendar ( 15) days of the adoption and

shall post a cert ified copy of this ordinance. including the vote for and against the same. in the off ice of the City Clerk in accordance with Govern ment Code section 36933

b. City staff is directed and authorized to take all prudent actions to effect the purposes of this ordinance.

The foregoing Ordinance was adopted at a regular meeting of the City Council of the City of

( Oxnard. State of California. held on the 20th day of December ,2016 , by the

( following vote:

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c AYES:

( NOES:

Councilmembers Flynn, Ramirez, MacDonald, Perella and Madrigal.

None .

(_ A BSTAIN: None.

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ABSENT: None ·

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Ordinance No. 2914

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ATIEST: APPROVED AS TO FORM: (

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M?chette Ascencion, City Clerk

S M.A1Ey (

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