Division 13 — ACCESSORY DWELLING UNITS

(A) This Division 13 establishes reasonable regulations for the development of accessory dwelling units (ADU) and junior accessory dwelling units (JADU) as a type of affordable infill housing to meet the needs of existing and future residents within existing neighborhoods, while respecting architectural character.

(B) The purpose of this Division 13 is to meet the requirements set forth in Cal. Gov’t Code, Section 66310 et seq. (known as the California ADU Law). If any provision of this Division 13 conflicts with State law, the minimum requirements of State law shall control.

(Ord. No. 2914, 2925, 2959, 2984, 3072)

For the purposes of this Division 13, the following types of ADU shall have the meanings respectively ascribed to them by this section:

(A) “Accessory dwelling unit” (ADU; also known as “second unit,” “granny flat,"” “in-law suite,” “tiny home” and/or “cottage”) are small residential units on a permanent foundation located within, attached to, or detached and

adjacent to the primary single-family unit or multi-family structure, and can provide an important source of affordable housing. An ADU shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multi-family dwelling is or will be situated. An ADU also includes the following:

(1) An efficiency unit, as defined in Section 17958.1 of the Cal. Health and Safety Code.

(2) A manufactured home, as defined in Section 18007 of the Cal. Health and Safety Code.

(B) “ADU permitted pursuant to Cal. Gov’t Code Section 66323" (also known as “66323 Units,” “state mandated ADUs” or “state exempt ADUs”) are one of the four delineated types of ADUs (and JADUs) that must be permitted ministerially and are subject to reduced standards outlined under Cal. Gov’t Code Section 66323. See Section 16465.5.

(C) “Attached ADU” is an ADU attached by at least one common wall or ceiling/floor to a primary dwelling unit, and is not fully contained with the primary dwelling unit. The attached ADU includes new construction and conversion of an existing attached accessory building or structure. “Detached ADU” is an ADU that does not share a common wall with the primary dwelling unit. The detached ADU includes new construction and conversion of an existing detached accessory building or structure and can be attached to a detached accessory structure.

(D) “Junior accessory dwelling unit; JADU” means a unit that is no more than 500 square feet of interior livable space in size and contained entirely within a single-family residence. A JADU may include separate sanitation facilities, or may share sanitation facilities with the existing structure.

(Ord. No. 2984, 3072)

A building permit shall be required prior to construction or creation of an ADU or JADU.

(A) Consistency with development standards.

(1) For ADUs or JADUs meeting the requirements of Cal. Gov’t Code Section 66323, Section 16-465.5 of this division will apply. For ADUs not meeting the requirements of Cal. Gov’t Code Section 66323, all other standards of this division are applicable. Any application for an ADU or JADU that complies with this division will be approved ministerially without discretionary review or a public hearing is required.

(2) A permit application shall receive written notice of determination to be complete or incomplete no later than 15 business days after the application is received. If the application is determined to be incomplete, the applicant shall be provided a list of incomplete items and a description to address. In the review of the incomplete application, no additional incomplete items shall be included that were not provided in the initial list. Each review of an application shall be 15 business days, otherwise the application or resubmitted application shall be deemed to be complete.

(3) If a single-family or multi-family dwelling exists on the parcel upon which an ADU or JADU is proposed, the city will approve or deny an application to create an ADU or JADU within 60 days from the date the city receives a completed application. Notwithstanding the above, the director shall ministerially approve or deny within 30 days the application for a detached ADU that utilizes an ADU plan that has been preapproved by the City Building Official. If the applicant requests a delay in writing, the 30-day or 60-day time period will be tolled for the period of the delay.

(a) The city has approved or denied the application within time period if it:

1. Approves the permit for the ADU or JADU; or

2. Provides the applicant a full set of comments in writing with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant.

(b) An application deemed incomplete or denied shall be provided a process to appeal that decision in writing pursuant to Cal. Gov’t Code Sections 66317 and 66335.

(4) A Homeowner's Association (HOA) may not influence the City's ministerial approval of an ADU or JADU

(Cal. Gov’t Code Section 66317(c)). Additionally, covenants, conditions, and restrictions (CC&Rs) shall not prohibit

or unreasonably restrict the construction or use of an ADU or JADU on lots zoned to permit single-family residential uses.

(5) If the ADU application is submitted with a permit application to create a new single-family or multi-family dwelling on the parcel, the city may delay approving or denying the ADU application until the city approves or denies the permit application for the new single-family or multi-family dwelling.

(B) When dependent on separate construction. When a proposed ADU is dependent on the construction of a new single-family or multi-family dwelling on the same lot which is not a part of the ADU ("separate construction"), the city will either:

(1) Review and approve or deny the ADU application only after approving or denying an application for the proposed separate construction; or

(2) Review and approve or deny the ADU application concurrently with the separate construction application, upon written request from the applicant. In this case, the ADU is subject to ministerial review, but both the approval and occupancy of the ADU shall be contingent upon the approval and occupancy for the separate construction. In the case of a denial, the city will inform the applicant in writing and articulate the changes to the proposed ADU application that are necessary to comply with this chapter.

(C) Variance from standards. Should a variance from any requirement of this chapter be requested, review of the application by the planning commission will be required pursuant to Sections 16-565 to 16-569 of this code.

(D) Unpermitted ADU or unpermitted JADU. Applications to permit a previously unpermitted ADU or JADU constructed before January 1, 2020 will be processed pursuant to Cal. Gov’t Code Section 66311.7.

(E) Historic district or historic landmark designation. For an ADU or JADU on or within the California State designated historic district or parcel is subject to the standards set forth in Section 16-465.6.

(F) Concurrent application. An ADU or JADU 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 and its addition.

(G) A nonrefundable fee in the amount set by city council resolution shall be paid upon the filing of an application for an ADU or JADU. Applications may incur additional fees imposed pursuant to this code or other applicable regulations.

(H) ADU applications submitted on or before the adoption date of this division shall remain permitted. (Ord. No. 3072)

ADUs are permitted:

(A) In any district where single-family or multi-family dwellings are listed as a permitted use and includes a proposed or existing dwelling.

(B) ADUs are permitted in any other specific plan use designation zones on legal lots that are developed in a manner equivalent to a zone designation where single-family or multi-family dwellings are permitted. (Ord. No. 3072)

The following number of ADUs may be developed on a legal lot zoned to allow for residential uses. The categories of ADUs listed below for each type of parcel may be combined based on site and lot conditions.

• (A) Single-family lot.

• (1) One internal or attached ADU and one JADU, is permitted per parcel within a proposed or existing singlefamily dwelling or an existing attached accessory structure; and

(2) One detached, new construction or conversion of an existing detached structure, ADU is permitted for a parcel with a proposed or existing single-family dwelling. The detached ADU may be combined with a JADU as provided in subsection (A)(1) above.

• (B) Multi-family lot.

(1) At least one internal ADU is permitted within an existing multi-family dwelling structure up to a maximum of 25% of the existing number of multi-family units within the portions of an existing multi-family dwelling structure that are not used as livable space, such as a storage room, boiler room or garage; and

(2) On a lot with an existing multi-family dwelling, not more than eight detached ADUs. However, the number of detached ADUs shall not exceed the number of existing units on the lot.

(3) Not more than two detached ADUs may be located on a parcel that has a proposed multi-family dwelling. (Ord. No. 3072)

Notwithstanding all other provisions of this chapter, the city shall ministerially approve an application for a building permit within a residential or mixed-use zone to create any combination of the following ADU units pursuant to Cal. Gov’t Code Section 66323:

(A) One ADU and one JADU per lot with a proposed or existing single-family dwelling if all of the following apply:

(1) The ADU or JADU is within the proposed space of a single-family dwelling or existing space of a singlefamily dwelling or accessory structure and may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress. If an expansion of an accessory structure beyond 150 square feet is proposed, the ADU shall be subject to and comply with all development standards applicable to a new ADU in Section 16-465.7.

(2) The space has exterior access from the proposed or existing single-family dwelling.

(3) The side and rear setbacks are sufficient for fire and safety.

(4) The JADU complies with the requirements of Article 3 (commencing with Section 66333) of Chapter 13 of Division 1 of Title 7 of the Cal. Gov’t Code, which are provided below in Section 16-465.10.

(B) One detached, new construction, ADU that does not exceed four-foot side and rear yard setbacks for a lot with a proposed or existing single-family dwelling. The following conditions apply to an ADU proposed pursuant to this paragraph (B):

(1) A total gross floor area of not more than 800 square feet of livable space.

(2) A maximum height as provided in subparagraph (A), (B), or (C) of paragraph (4) of subdivision (b) of Cal. Gov’t Code Section 66321, as follows:

(a) A detached ADU may not exceed 16 feet in height, as measured from finished grade, on a lot with an existing or proposed single family or multi-family dwelling unit.

(b) A detached ADU may not exceed 18 feet in height as measured from finished grade on a lot with an existing or proposed single family or multi-family dwelling unit that is within a half-mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the Cal. Public Resources Code. Additionally, within a half-mile walking distance of a major transit stop or a high-quality transit corridor an additional two feet in height shall be allowed to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.

(c) A detached ADU may not exceed 18 feet in height as measured from finished grade for a detached ADU on a lot with an existing or proposed multi-family, multi-story dwelling.

(C) Multiple ADUs within the portions of existing multi-family dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings. The city shall allow at least one ADU within an existing multifamily dwelling and shall allow up to 25% of the existing multi-family dwelling units.

(D) Multiple ADUs, not to exceed the number specified below, as applicable, that are located on a lot that has an existing or proposed multi-family dwelling, but are detached from that multi-family dwelling.

• (1) Height limited to subparagraph (A), (B), or (C) of paragraph (4) of subdivision (b) of Cal. Gov’t Code Section 66321, also identified above in Sec.16-465.5(B)(2), as applicable.

• (2) Rear yard and side setbacks of no more than four feet.

• (3) On a lot with an existing multi-family dwelling, not more than eight detached ADUs. However, the number of ADUs allowable pursuant to this clause shall not exceed the number of existing units on the lot.

• (4) On a lot with a proposed multi-family dwelling, not more than two detached ADUs.

(5) If the existing multi-family dwelling has a rear or side setback of less than four feet, the city shall not require any modification of the existing multi-family dwelling as a condition of approving the application to construct an ADU that satisfies the requirements of this section.

(E) The city shall not impose any objective development or design standard that is not authorized by this section upon any ADU or JADU that meets the requirements of this section.

(F) The installation of fire sprinklers shall not be required in an ADU of JADU if sprinklers are not required for the primary residence. The construction of an ADU or JADU shall not trigger a requirement for fire sprinklers to be installed in the existing multifamily dwelling.

(G) The rental of any ADU or JADU created pursuant to this section must be for a term longer than 30 days.

(H) ADU and JADU construction shall comply with building code and health and safety requirements for dwellings.

(Ord. No. 3072)

The following requirements apply to all ADUs and JADUs:

(A) Building and other related codes. Any unit must comply with all applicable building, health and fire codes, except that an ADU or JADU is not required to provide fire sprinklers if sprinklers are not required for the primary dwelling. Additionally, the construction of an ADU shall not trigger a requirement for fire sprinklers to be installed in an existing multifamily dwelling.

(B) Entrances. An attached or internal ADU must have a separate entrance to the ADU, which may also be served by a common entrance with the primary dwelling unit.

(C) Passageways and patio covers. No ADU will be required to provide a new passageway from the ADU to the street. No covered passageway, breezeway, or other type of covered structure that is not fully enclosed and/or conditioned space shall be allowed to connect the primary dwelling unit to a detached ADU. A patio cover attached to an ADU or JADU may be approved that complies with the applicable zone development standards and the square footage shall not be included in the total area for the ADU or JADU.

• (D) Manufactured homes and prefabricated homes.

• (1) A manufactured home is allowed as an ADU provided that it meets the following requirements:

• (a) Meets the definition of ADU in Sec. 16-465.1;

(b) Is designed for use as a single-family dwelling with or without a foundation when connected to the required utilities; and

• (c) Includes plumbing, heating, air conditioning, and electrical systems within the home.

• (2) A prefabricated or modular home is allowed as an ADU.

• (E) Other buildings and structures. Any other building or structure constructed on the lot concurrent with or

subsequent to the construction of an ADU under this chapter must comply with all applicable development standards of the zoning code.

• (F) Replacing or converting existing structures.

(1) If an existing living area or a detached structure is demolished and replaced with an ADU, an ADU may be constructed in the same location and to the same dimensions as the demolished structure. JADUs shall be limited to conversion of existing or proposed single-family residence including attached garages.

• (2) If any portion of an existing structure crosses a property line, the structure may not be converted to or replaced with an ADU.

(G) The local agency shall not deny an application for a permit to create an ADU due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the accessory dwelling unit. (Ord. No. 3072)

The following development standards apply to ADUs not meeting the requirements of Cal. Gov’t Code Section 66323:

• (A) Maximum size.

(1) The maximum size of a new attached ADU may not exceed 1,200 square feet or 50% of the total floor area, including attached accessory buildings or structure, of the primary single-family unit, whichever is less, determined by gross floor area of living space; however, shall not preclude an ADU of 800 square feet or less of interior livable space with four-foot side and rear setbacks.

• (2) The maximum size of a detached ADU determined by gross floor area of living space is as follows:

• (a) 850 square feet of interior livable space, if one bedroom or less;

• (b) 1,200 square feet of interior livable space, if more than one bedroom.

• (B) Minimum size.

• (1) The minimum size of an ADU must be no less than the minimum size necessary for the creation of an

efficiency unit consistent with the meaning of Cal. Health and Safety Code Section 17958.1.

• (C) Maximum height.

• (1) The maximum height for attached and detached shall not exceed two stories and 25 feet.

• (2) Existing legal structures converted into an ADU may maintain the height.

• (D) Setbacks.

• (1) The front yard setback is the same as the underlying zone.

• (2) The minimum of four feet for rear and side yard setbacks.

• (E) Interior yard space.

(1) Same as the underlying zone. Standards shall not prohibit an ADU of 800 square feet or less of interior livable floor area and has four-foot side and rear yard setbacks, provided the ADU complies with all other applicable standards of this chapter.

(F) Additions to historic structures. A building addition to a designated historic resource or potential historic resource, as defined in Chapter 16.42 (Historic Preservation), for an attached ADU shall be inset or separated by a

connector that is offset eighteen inches or more from the parallel side or rear building wall to distinguish it from the historic structure.

(G) Historic resources. Detached ADUs on any real property listed in the California Register of Historic Resources must meet design standards meant to prevent adverse impacts on any real property listed in the California Register of Historical Resources. Where this section uses the term "consistent", that shall mean to be compatible and similar to that of the resource but not precisely the same for the purpose of complying with the Secretary of Interior's Standards for the Treatment of Historic Properties. Standards shall include, without limitation, the following provisions:

(1) Architecture. The ADU shall match the primary residence architectural style. Two or more architectural details such as, but not limited to, materials, window style, trimming, and/or decorative pendants/brackets shall be incorporated into the ADU with a simplified version. An example of a simplified version would be composite windows as an acceptable alternative to wood if they simulate the texture, appearance, and finish of a wood window.

ry residence architectural style. Two or more architectural details such as, but not limited to, materials, window style, trimming, and/or decorative pendants/brackets shall be incorporated into the ADU with a simplified version. An example of a simplified version would be composite windows as an acceptable alternative to wood if they simulate the texture, appearance, and finish of a wood window.

• (2) Color. The ADU shall match the color(s) of the existing primary residence.

• (3) Roof. Roof style and pitch shall match the primary residence.

(4) Location. Newly constructed attached or detached ADUs shall be located behind the primary residence as viewed from the primary front lot line; however shall not preclude an ADU of 800 square feet or less with 4-foot side and rear setbacks in compliance with Section 16-465.5 (Cal. Gov’t Code Section 66323).

(Ord. No. 3072)

Design of an attached or detached ADU will be ministerially reviewed under the following objective standards not meeting the requirements of Cal. Gov’t Code Section 66323:

• (A) The roof shall be sloped if the primary structure contains a sloped roof.

• (B) The roof shall consist of one of the following: wood shingle, wood shake, synthetic, composite shingle, ceramic tile, concrete tile, standing seam metal or copper roofing, except reflective surfaces shall not be permitted.

(C) Exterior siding shall be made of nonreflective and nonmetallic materials such as wood, stucco, ceramic tile, brick, stone, or other masonry materials, or any combination of these materials.

(Ord. No. 3072)

The following parking standards apply to ADUs not meeting the requirements of Cal. Gov’t Code Section 66323: (A) Number. The parking requirement for an attached or detached ADU is one open or enclosed parking space per unit. No additional parking, or reconfiguration of existing parking on the lot, is required for an internal ADU.

(B) Location. Required parking spaces may be provided as tandem parking on a driveway. Off-street parking is permitted in setback areas in locations determined by the city or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions.

• (C) Exemptions. No parking is required for an ADU in any of the following instances:

• (1) The ADU is located within one-half mile walking distance of public transit.

• (2) The ADU is located within an architecturally and historically significant historic district.

• (3) The ADU is part of the proposed or existing primary residence.

• (4) The ADU is a conversion of an existing permitted accessory structure.

• (5) When there is a car share vehicle located within one block of the ADU.

• (6) When on-street parking permits are required but not offered to the occupant of the ADU.

(7) When a permit application for an ADU is submitted with a permit application to create a new single-family dwelling or a new multi-family dwelling on the same lot, provided that the ADU or the parcel satisfies any other exemption criteria listed in this section.

(D) Replacement of existing parking. When a garage, carport, covered parking structure, or uncovered off-street parking space is demolished in conjunction with the construction of an ADU or converted to an ADU, replacement parking stalls are not required.

(Ord. No. 3072)

(A) Number. One JADU is permitted per residential lot zoned for single-family dwelling units with an existing or proposed single-family dwelling.

(B) Size. A JADU may have a maximum size of 500 square feet of living area and must be contained entirely within an existing or proposed single-family dwelling. For purposes of this section, enclosed uses within the residence, such as attached garages, are considered a part of the proposed or existing single-family residence.

• (C) Entrance. A JADU must include a separate entrance from the main entrance to the primary residence.

• (D) Kitchen. A JADU must include an efficiency kitchen that includes the following:

• (1) A cooking facility with appliances (which must include, at minimum, a sink and a refrigerator); and

• (2) A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the JADU.

• (E) Parking. No additional parking is required for a JADU.

• (F) Sanitation. A JADU may, but is not required to, include separate sanitation facilities. If separate sanitation

facilities are not provided, the JADU must share sanitation facilities with the single-family dwelling unit and must have direct access to the residence from the interior of the JADU.

• (G) State law. The JADU must comply with the requirements of Article 3 (commencing with Section 66333) of Chapter 13 of Division 1 of Title 7 of the Cal. Gov’t Code.

• (Ord. No. 3072)

(A) All ADUs and JADUs must be connected to public utilities, including water, electric, and sewer services and all such connections are subject to state law and the requirements of the serving utility provider.

(B) The city may require the installation of a new or separate water utility connection between the ADU and the utility, in accordance with Oxnard City Code, except as described in (B)(1) below. The connection fee or capacity charge must be proportionate to the burden of the proposed ADU based on either its square feet or the number of drainage fixture unit values as defined in the Uniform Plumbing Code.

(1) Notwithstanding, Cal. Gov’t Code Section 6611.5(d), states that for a unit created subject to Cal. Gov’t Code Section 66323(a)(1) a local agency, special district, or water corporation shall not require the applicant to install a new or separate utility connection directly between the ADU or JADU and the utility or impose a related connection fee or capacity charge, unless the ADU or JADU was constructed with a new single-family dwelling, or upon separate conveyance of the ADU pursuant to Cal. Gov’t Code Section 66342.

(C) Existing water and wastewater service laterals and/or lines and/or meters may be required to upgrade to a capacity that includes the ADU.

(D) ADUs 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.

(E) New utility connection or payment of impact fees shall not be required for an ADU of less than 750 square feet of interior livable space or a JADU that has 500 square feet of interior livable space or less. For ADUs that include a

150 square-foot exterior expansion, the 150 square feet count towards the 750 square-foot interior livable space limit. For example, a 700 square-foot interior conversion ADU with a 150 square-foot exterior expansion for ingress and egress would count as an 850 square-foot ADU for the purpose of calculating fees.

(F) Any impact fees charged for an ADU that has more than 750 square feet of interior livable space shall be charged proportionately in relation to the square footage of the primary dwelling unit. "Proportionately" means an amount in relation to a total amount of the impact fee for the primary dwelling. For example, a 2,000 square-foot primary dwelling with a proposed 1,000 square-foot ADU may result in 50% of the impact fee that is charged for a new primary dwelling on the same site. Impact fees for an ADU that has more than 750 square feet of interior livable space on a lot with a multi-family dwelling shall be charged at the adopted multi-family rate appropriate for the construction type.

(G) For purposes of this division, City of Oxnard water or sewer connection fees or capacity charges are not included as impact fees.

(Ord. No. 3072)

• (A) Occupancy.

• (1) ADU - The primary residence or the ADU is not required to be occupied by the property owner.

(2) JADU - Owner-occupancy is required for a single-family residence with a JADU if the JADU has shared sanitation facilities with the existing structure. The owner may reside in either the remaining portion of the structure or the newly created JADU. Owner-occupancy is not required if the JADU has separate sanitation facilities, or if the owner is a governmental agency, land trust, or housing organization.

• (B) Sale of ADU.

(1) ADU - The ADU may be sold or offered for sale or conveyance separately from the primary dwelling unit, pursuant to requirements under Cal. Gov’t Code Section 66341, or as the separate conveyance of the primary dwelling unit and ADU or units as condominiums pursuant to the requirements under Cal. Gov’t Code Section 66342.

(2) JADU - The JADU shall not be sold or offered for sale or conveyance separately from the primary dwelling.

• (C) Rental of ADUs.

• (1) The ADU and/or the primary dwelling unit may be rented.

• (2) For residences with a JADU subject to the owner occupancy requirement of Section 16-465.12(A)(2), the

JADU or the primary dwelling unit may be rented, with the owner residing in either the primary unit or the JADU.

• (3) Rental terms for ADUs and JADUs shall be longer than 30 days.

(D) JADU recorded agreement - Unless otherwise changed by State law or exempted in Sec. 16-465.12(A)(2), before building permit issuance for a JADU, an agreement affecting real property shall be recorded against the property that imposes specific restrictions on the property including the following:

(1) Prohibition on the sale of the JADU separate from the sale of the single-family residence, including a statement that the deed restriction may be enforced against future owners;

• (2) Occupancy of the property by the owner of the property;

• (3) Restriction on the size and attributes of the JADU that conforms to Cal. Gov’t Code Section 66333.

• (4) The language of the agreement affecting real property shall be approved by the City of Oxnard prior to its recordation.

(5) This section and the owner-occupancy requirement does not apply for units with separate independent sanitation facilities or if the owner is a governmental agency, land trust, or housing organization.

(Ord. No. 3072)

Except as expressly provided in this division, to the extent that any provisions of this code conflict with any provisions of this division, the provisions of this division will control. To the extent any provisions of this division conflict with state law, the mandatory requirements of state law will control, but only to the extent legally required. (Ord. No. 3072)