The Council of the City of San Buenaventura does ordain as follows: Purpose, F;ndings, and Intent.

Transcription

1 ORDINANCE NO s AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN BUENAVENTURA,, CALIFORNIA, AMENDING REGULATIONS RELATED TO ACCESSORY DWELLING UNITS (PREVIOUSLY, CARRIIAGE HOUSES OR SECOND DWELLING UNITS) The Council of the City of San Buenaventura does ordain as follows: SECTION 1. Purpose, F;ndings, and Intent. A. Effective January 1, 2017, Assembly Bill 2299 ("AB 2299") and Senate Bill 1069 ("SB 1069") amended Government Code Section to further limit the standards cities may impose on new ADUs and require city ordinances to incorporate State-mandated standards for certain types of ADUs. As amended, Government Code Section allows the City to designate areas where new Accessory Dwelling Units (ADUs) may be permitted and to establish objective standards related to parking, height, setback, lot coverage, landscaping, and architectural review, which must be applied ministerially unless a property owner is seeking an exception to the adopted standards. B. Currently, the City regulates "Carriage Houses" and "Residential Second Units," both of which overlap with the term "ADU" as defined under State law. SECTION 2. Adoption of ADU Definition and Reg1ulations. The City Council hereby amends Division 24 (Zoning Regulations) of the San Buenaventura Municipal Code as follows: A. A new Section of Chapter (Definitions) is hereby added to read as follows: "Sec ! Accessory dwelling unit. The term "Accessory Dwelling Unit" or "ADU" shall have the meaning set forth in Chapter " 1

2 B. Section (Residential second unit (or "second unit")) of Chapter (Definitions) is hereby repealed. C. Chapter (Residential Second Unit Regulations) and its title are hereby amended in its entirety to read as follows: "Chapter Accessory Dwelling Unit Regulations Sec Chapter descriptiona Chapter establishes residential accessory dwelling unit ("ADU") regulations in order to provide a mechanism for accommodating ADUs in appropriate residential areas and governs the creation of ADUs within the city. These provisions are intended to stabilize property values and the single-family character of neighborhoods by insuring that ADUs are developed under appropriate conditions, and to further the legislative policies of Government Code Section Sec Defini1tions. "Accessory Dwelling Unit" or "ADU" means an attached or a detached residential dwelling unit the application for which was made after January 1, 2017 which provides complete independent living facilities for one or more persons and includes permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling is situated. The term ADU also includes an "Efficiency Unit" as defined in Health and Safety Code Section and a "Manufactured Home" as defined in Health and Safety Code Section The term "ADU" captures the terms and supersedes the terms "Residential Second Units" and "Carriage Houses" under this Code and any adopted Development Code of a Specific Plan or Community Plan; however, any residential second unit or carriage house which was lawfully permitted prior to January 9, 2017 shall remain subject to the rules, regulations, and ordinances in effect at the time the residential second unit or carriage house was approved by the City. 2

3 "Primary Dwelling Unit," for purposes of this chapter means any single-family residence on the lot where an ADU would be located. Sec Application procedure. Before constructing an ADU or converting a legally permitted existing structure to an ADU, an applicant must apply for zone clearance and a building permit. Any ADU that satisfies the requirements of this chapter shall be ministerially approved. For properties located in the Coastal Zone, a Coastal Development Permit is also required unless the property is in an exempt area. Sec Locations. A. Notwithstanding any other provisions of this Code, an ADU may be permitted only in the following locations: 1. Zoning Districts: R-1 (Single Family Zone), R-2 (Two Family Zone), or R-3 (Multiple Family Zone), as shown on the Zoning District Map. 2. Downtown Specific Plan Area: T 4.1 (Urban General 1) or T 4.1 Main (Main Street Frontage), as shown in Section , Figure (Regulating Plan) of the City of San Buenaventura Downtown Specific Plan. 3. Midtown Corridors: T 4.5 (General Urban Zone) or T 4.5- SF (General Urban Zone - Shopfront Overlay), as shown in Section 24M (Regulating Plan) of this Code; 4. Victoria Avenue Corridor: T 4.5 (General Urban Zone 5), as shown in Section 24V , Figure 1 (Regulating Plan) of this Code; 5. Saticoy and Wells Area: T3.3 (Neighborhood General), T4.10 (Urban General), T5.4 (Town Center), and T5.4-SF (Stopfront Overlay) as shown in the Saticoy and Wells Development Code Figure 1-1 (Regulating Plan), 3

4 contained as part of the Saticoy and Wells Community Plan; 6. Parklands Specific Plan: T3.1 (Neighborhood Edge) and T3.2 (Neighborhood General) as shown in Section 24P.102.2, Figure 24P.1 (Parklands Regulating Plan) of the City of San Buenaventura Parklands Specific Plan; or 7. UC Hansen Trust Specific Plan Area: T 3.3 (Neighborhood General 1 ), T 3.4 (Neighborhood General 2), or T 4. 7 (Urban General), as shown in Section 24H.202.3, Figure 24H-1 (Regulating Plan) of this Code. B. ADUs are not permitted in the Coastal Zone, except within the Downtown Specific Plan and a portion of the Midtown Corridors Area, as specified above. C. An ADU must be located on a residential lot and on the same lot as a primary residence. D. ADUs are not permitted on any real property listed in the California Register of Historic Places, or designated as a historic landmark or located in a historic district overlay zone under Chapter , except following design review pursuant to Section and Chapter Sec Development standards. An ADU shall comply with all of the following development standards: A. Number of ADUs: No more than one ADU is permitted on any lot. B. Lot Coverage: The combined total of both the primary residence and ADU shall not exceed the maximum lot coverage applicable to the lot, plus 5 percent. The combined rear yard lot coverage shall not exceed the maximum applicable to the lot, plus 10 percent. 4

5 C. Size: 1. Attached ADUs: The total floor area of an attached ADU shall not exceed the lesser of 750 square feet or 50% of the primary residence's living area. 2. Detached ADU: The total floor area of a detached ADU shall not exceed 750 square feet. D. Height: 1. Attached ADUs: An ADU that is attached to the primary residence shall comply with the he,ight requirements applicable to the primary residence. 2. Detached ADUs: An ADU that is detached from the primary residence shall not exceed a height of 14 feet and one story, except as follows: a detached ADU may be up to 22 feet on a second floor if either (i) it is not located within the rear setback area or (ii) it is constructed above and within the existing footprint of an existing garage and/or existing building. E. Setbacks: 1. Attached ADUs: An ADU that is attached to the primary residence shall comply with the setback requirements applicable to the primary residence, except that the rear setback may be the lesser of the applicable setback requirement or 15 feet. 2. Detached ADUs: An ADU that is detached from the primary residence shall have setbacks of at least three feet from the side and rear property lines. 3. Exceptions: (a) Above a Garage: An ADU that is constructed above a garage shall have setbacks of at least five feet from all property lines. (b) Garage Conversion: For an ADU that is converted from an existing garage, the 10-foot separation f:\ordinances\community development\2017\accessory dwelling units\adu ordinance.v3.. docx 5

6 F. Separation: requirement does not apply and no additional setbacks beyond the existing garage setback are required beyond those required by the adopted California Building Standards and local ordinance. 1. Attached ADUs: An ADU that is attached to the primary residence shall comply with the separation requirements applicable to the primary residence. 2. Detached ADUs: An ADU that is detached from the primary residence shall provide a minimum 10-foot separation between the ADU and the primary residence or other accessory building. G. Design and Features: 1. The ADU's color and materials shall match the primary residence. 2. The ADU shall not have any second-story outdoor balcony, deck, or patio closer than 10 feet from any property line. 3. If an automatic sprinkler system is required for the primary residence, the ADU must also provide an automatic sprinkler system. 4. The main entrance to the dwelling unit shall be accessed from the side yard setback, side street setback, or rear yard setback. 5. For any second-story ADU, including any ADU proposed above a garage, all exterior windows that face rear or side yard areas of an adjacent property, are not separated by an alley, and are closer than 10 feet from the property line shall be fitted with translucent glazing and be either fixed (i.e., inoperable) or of an awning style with a maximum opening angle of 25 degrees. 6

7 H. Conversion of Existing Space: Conversion of existing space within a single-family residence or within a legally permitted accessory structure to an accessory dwelling unit shall be permitted by right, provided that the proposed accessory dwelling unit has independent exterior access from the existing residence, and the side and rear setbacks are sufficient for fire safety and as required per the adopted California Building Standards and local ordinance. I. Covenant Required: The property owner shall record a covenant running with the land establishing the following: 1. Subject to the owner occupancy limitations set forth below, the primary dwelling unit and the ADU may be rented only for terms longer than 30 days. 2. The ADU may not to be sold or conveyed separately from the primary residence. 3. The ADU and the property shall be maintained in accordance with all applicable ADU requirements and standards. 4. Any violation will be subject to penalties as provided in Chapters and of this Code. 5. The property owner must be an occupant of either the primary residence or the ADU. An exception to the owner-occupant requirement can be granted by the Community Development Director if the property owner is able to establish a bona fide hardship to the restrictions as follows: (a) (b) The owner is hospitalized or requires daily living assistance that requires the owner to not be able to physically live on the property; or, The owner is on active military duty requiring the owner to not be able to occupy the property. 7

8 Sec Parking. A. One off-street parking space is required for the ADU, in addition to the parking required for the primary residence. The parking space for the ADU must satisfy all of the following: 1. Required yards and open space may not be used for parking. 2. The ADU's parking space may be tandem, c,overed, or uncovered, but must be surfaced in compliance with Section The dimensions of all parking spaces or driveways shall comply with the requirements set forth in Section If an existing garage or other parking is converted to or displaced for an ADU, the conversion or displacement shall not eliminate any off-street parking that is required for the primary residence or, if eliminated, the off-street parking shall be replaced. The replacement parking spaces may be covered spaces, uncovered spaces, tandem spaces, or spaces created by mechanical automobile parking lifts. 5. If a garage, carport, or covered parking structure is demolished in conjunction with construction of the ADU, the off-street parking spaces lost as a result of the demolition shall be replaced on-site. The replacement parking spaces may be covered spaces, uncovered spaces, tandem spaces, or spaces created by mechanical automobile parking lifts. Required yards and open space may not be used for parking. B. Notwithstanding subsection A. above, no additional parking space is required for an ADU that satisfies any of the following: 1. The ADU is located within one-half mile of public transit; f:\ordinanceslcommunity development\2017\accessory dwelling unitsladu ordinance.v3.docx 8

9 2. The ADU is located within an architecturally and historically significant historic district; 3. The ADU is part of the existing primary residence or an existing accessory structure; 4. The ADU is located in an area where on-street parking permits are required but not offered to an ADU occupant; or, 5. The ADU is located within one block of a city-approved and dedicated parking space for a car share vehicle. Sec Fees and utility connections. A. The property owner shall pay all sewer, water, school district, and other applicable fees, including development impact fees. B. The property owner shall pay all applicable connection fees and capacity charges, including sewer connection fees pursuant to Section , except as provided in subsections C. and D. below. C. An ADU specifically exempted under Government Code Section ( e) and (f), which is created by the conversion of an existing space pursuant to Section H., shall not pay any related connection fee or capacity charge. D. An ADU shall be equipped with a water sub-meter, pursuant to Section , but shall not require a separate water or sewer utility connection from the Primary Dwelling Unit. E. If an ADU will use a private sewage disposal system, the property owner shall obtain approval by the Los Angeles Regional Water Quality Control Board and the City Building and Safety Division. Sec Buildi.ng and safety requirements. An ADU will be subject to Building and Safety requirements of the City, including, but not limited to, the following: 9

10 A. Structural Assessment: An ADU conversion of existing structures built prior to 1970 will require structural assessment in accordance with ASCE B. Utility Equipment: Each ADU must have its own water heater and space heating. C. Building and Safety Permits: Each ADU must obtain all required Building and Safety permits in compliance with current California Building Standards Codes (California Code of Regulations, Title 24) and local ordinances. Sec Additional development standards applicable within Downtown Specific Plan Area and Midtown Corridors Development Code. A. Detached ADU Location and Height: Notwithstanding Section D.2., an ADU that is detached from the primary residence, and in compliance with the setback standards set forth in Section E., may be up to 22 feet on a second floor. Sec Additional development standards applicable within UC Hansen Trust Specific Plan Area. The following development standards apply to ADUs proposed to be located within the UC Hansen Trust Specific Plan Area. In the event of a conflict, the provisions of this section shall govern over the provisions of Section A. Location on Lot: ADUs shall be designed as a flat located above a detached garage or attached at grade to a detached garage. B. Height: ADUs shall not exceed a height of 24 feet and two stories. C. Alley Required: ADUs are prohibited on any lot without an alley. Any wall that directly faces the alley shall have windows. Balconies, loggias, and bay windows may face the alley. " SECTION 3. Consistency Amendments to Downtown Specific Plan. The City Council hereby amends the Downtown Specific Plan (adopted March 2007) as follows, with all other 10

11 provisions of the Downtown Specific Plan remaining in effect without amendment: A. Section (Land Use and Permit Requirements) of Article II (Urban Standards) of the Downtown Specific Plan is hereby amended to change the title of Allowed Use #21 from "Single Family I Carriage House" to read "Single Family I Accessory Dwelling Unit 4." B. Section (Land Use and Permit Requirements) of Article II (Urban Standards) of the Downtown Specific Plan is hereby amended to add a new footnote after footnote 3 to read as follows: " 4 Accessory Dwelling Units are subject to Municipal Code Chapter " C. Section (Carriage House) of Article 1111 (Building Types) of the Downtown Specific Plan is hereby repealed. D. Article IX (Glossary) of the Downtown Specific Plan is hereby amended to remove the term and definition for "Carriage House." SECTION 4. Consistency Amendments to Midtown Corridors Development Code. The City Council hereby amends Subpart 24M (Midtown Corridors Development Code) of Division 24 (Zoning Regulations) of the San Buenaventura Municipal Code as follows, with all other provisions of the Midtown Corridors Development Code remaining in effect without amendment: A. Subsection (F) of Section 24M of 24M.100 (Purpose and Applicability) is hereby amended to read: "F. Design review. Major Design Review, according to the procedural requirements of Zoning Regulations Chapter (Section ) shall be required for the following : 1. All new development located within the T 4.5 General Urban and T5.2 Urban Center zones, excluding Front Yard House, Side Yard House, Duplex and Accessory Dwelling Unit. f:\ordinances\community development\2017\accessory dwelling units\adu ordina nce.v3.docx 1 1

12 2. Additions and exterior changes to all structures providing for non-residential uses and all structures with three or more dwelling units." B. Sections 24M (F)(1) and 24M (A)(2)(c)(ii) are hereby amended to replace all instances of the term "Carriage House" with the term "Accessory Dwelling Unit." C. Subsection B of Section 24M (Variances: Warrants and Exceptions) of 24M.100 (Purpose and Applicability) is hereby amended to read as follows: '-'8. Limitations. The following evaluation standards shall not be eligible for Warrants or Exceptions: 1. Building Type - Minimum Lot Width reduction of more than 10 feet and where all requirements of Article 24M.206 (Building Types), exclusive of those measures designated [DR] are not met. 2. Land use or activity on a particular site which is not otherwise allowed. 3. Home Occupations." D. Subsection (A)(1) of Section 24M is hereby amended to read as follows: "1. The new use, activity or structure associated with the Front Yard House, Side Yard House, Duplex and Accessory Dwelling Unit that are established and operated in compliance with the setback requirements, height limits, and all other applicable standards of Articles 24M.200 and 24M.202 (Zones and Development Standards and Overlay Zones), Article 24M.206 (Building Type), and, where applicable, those relating to Nonconformity Regulations; and" f:\ordinances\community development\20 17\accessory dwelling units\adu ordinance. v3.docx 12

13 E. Section 24M (Land Use Tables) of 24M.203 (Allowable Land Uses) is hereby amended to replace the row entitled "Dwelling -- Second unit/carriage house" to read as follows: ( C Dwelling - Accessory Dwelling Unit l P I P zo l 1, F. Section 24M (Carriage House and Second Unit) of 24M.206 (Building Type Standards) is hereby repealed. G. Subsection R (Definitions "R") of Section 24M (Definitions of Specialized Terms and Phrases) of 24M.300 (Definitions) is hereby amended to replace the definition for "Residential Accessory Use or Structure" to read as follows: "'Residential Accessory Use or Structure' means a use and/or structure that is customarily a part of, and clearly incidental and secondary to a residence, and does not change the character of the residential use. This definition includes, by way of example, the following types of uses or detached accessory structures, and other similar structures normally associated with a residential use of property. garage gazebo greenhouse (non-commercial) spa, hot tub storage shed studio home office recreation room sleeping room swimming pool tennis or other on-site sport court workshop f:\ordinances\community development\2017\accessory dwellfng units\adu ordinance.v3.docx 13

14 Also includes the indoor storage of automobiles, personal recreational vehicles and other personal property, accessory to a residential use, excluding Accessory Dwelling Units, which are governed by Municipal Code Chapter " SECTION 5. Consistency Amendments to Victo~ia Avenue Corridor Development Code. The City Council hereby amends Subpart 24V (Victoria Avenue Corridor Development Code) of Division 24 (Zoning Regulations) of the San Buenaventura Municipal Code as follows, with all other provisions of the Victoria Avenue Corridor Development Code remaining in effect without amendment: A. Table Bin Section 24V (Transect Zone Descriptions) of 24V.100 (Regulating Plan and Transect Zones) is hereby amended to replace the row entitled "Carriage House" with a row to read as follows: I I LL permitted subject to Accessory Dwelling Unit Municipal Code Chapter ll B. The table in Subsection D of Section 24V is hereby amended to replace the instance of the term "Carriage House" with the term "Accessory Dwelling Unit." C. Table C in Section 24V (Land Use Table) of 24V.203 (Allowable Land Uses) is hereby amended to replace the row entitled "Dwelling: Second Unit/Carriage House" to read as follows: u r D_w_e-11'-in-g:_A_c_c_e_s_; o_~_----_d=w=e=ll=in=g=u=n=it= --r...,.. _-P=(=4=) =i==o=== : a--_-_-.: 0 1 D. Table C in Section 24V (Land Use Table) of 24V.203 (Allowable Land Uses) is hereby amended to add a new row below the row that reads "(3): Not allowed within the Moon Drive 14

15 Overlay" and above the row that reads "Prohibited in all T Zones:" to read as follows: (4) Subject to Municipal Code Chapter E. Section 24V (Carriage House and Second Unit) of 24V.206 (Building Type Standards) is hereby repealed. F. Subsection (0)(1) of Section 24V (Approval Requirements) of 24V.300 (Administration) is hereby amended to read: "1. All new development excluding Front Yard House, Sideyard House, and Front Yard, House, Sideyard House, and Accessory Dwelling Unit." G. Subsection (A)(2)(c)(ii) of Section 24V of 24V.300 (Administration) is hereby amended to read: "ii. Building Placement: Accessory Buildings as it relates to Accessory Buildings only and not Accessory Dwelling Units." H. Subsection (B) of Section 24V of 24V.300 (Administration) is hereby amended to read: "B. Limitations: The following evaluation standards shall not be eligible for Warrants or Exceptions: 1. Building Type - Minimum Lot Width reduction of more than 10 feet and where all requirements of Chapter 24V.206 (Building Types), exclusive of those measures designated [DR] are not met. 2.. Land use or activity on a particular site that is not otherwise allowed. 3. Home Occupations." 15

16 I. Subsection (B)(1) of Section 24V (Exemptions from planning permit requirements) of 24V.300 (Administration) is hereby amended to read: lt1. The new use, activity or structure associated with the Accessory Dwelling Unit, Front Yard House and Side Yard House that are established and operated in compliance with the setback requirements, height limits, and all other applicable standards of Chapter 24V.200 and 24V.202 (Zones and Development Standards and Overlay Zones), Chapter 24V.206 (Building Type), and, where applicable, those relating to Nonconformity Regulations; and" J. Section 24V (Definitions of specialized terms and phrases) is hereby amended to add a new term and definition to read as follows: ""Accessory Dwelling Unit" - See Zoning Ordinance Chapter " K. Section 24V (Definitions of specialized terms and phrases) of 24V.400 (Definitions) is hereby amended to remove the term and definition for "Carriage House." L. Section 24V (Definitions of specialized terms and phrases) of 24V.400 (Definitions) is hereby amended to remove the term and definition for "Dwelling - Second Unit." M. Section 24V (Definitions of specialized terms and phrases) of 24V.400 (Definitions) is hereby amended to amend and replace the definition for ''Residential Accessory Use or Structure 11 to read as follows: "Residential Accessory Use or Structure: A use and/or structure that is customarily a part of, and clearly incidental and secondary to a residence, and does not change the character of the residential use. This definition includes, by way of example, the following types of uses or detached accessory structures, and other similar structures normally associated with a residential use of property. Garage, Gazebo, Greenhouse (noncommercial), Spa, hot tub, Storage shed, 16

17 Studio, Swimming pool, Tennis or other on-site sport court, Workshop. Also includes the indoor storage of automobiles, personal recreational vehicles and other personal property, accessory to a residential use. Does not include Accessory Dwelling Units, which are governed by Municipal Code Chapter " SECTION 6. Consistency Amendments to UC Hansen Trust Devel1opment Code. The City Council hereby amends Subpart 24H (UC Hansen Trust Specific Plan Development Code) of Division 24 (Zoning Regulations) of the San Buenaventura Municipal Code as follows, with all other provisions of the UC Hansen Trust Specific Plan Development Code remaining in effect without amendment: A. Table 24H-1 in Section 24H (Allowed Land Uses and Planning Permit Requirements) of 24H.200 (Land Use Regulations) is hereby amended to replace the row entitled "Single Family/Carriage House" to read as follows: Single-Family/Accessory Dwelling _ -p- p Unit p Specific Plan Art. 24H.206 Zoning Ord. Ch ,, B. Subsection C(1) of Section 24H (T3.3 - (Neighborhood General 1) Zone Standards) is hereby amended to read as follows: "1. Parking requirements. The number of required off-street parking spaces is as follows: A. Single-family house. Two spaces per house, at least one of which shall be enclosed in a garage. B. Accessory Dwelling Unit. One space, which may be enclosed, covered, or open, in addition to those required for the principal dwelling. See Municipal Code Chapter for additional regulations, as applicable. 17

18 i I l ' Off-street parking for residences are in addition to onstreet guest parking." C. Subsection E of Section 24H (T3.3 - (Neighborhood General 1) Zone Standards) is hereby amended to read as follows: "E. Allowed land uses and permit requirements. The following land uses may occur within the T3.3 Neighborhood General 1 zone, subject to the noted permit requirements. Land Use Type Group Care Home Occupation Single-family/Accessory Dwelling Unit* Child Day Care - Small Family Day Care Child Day Care - Large Family Day Care P - Permitted Use UP - Use Permit required - - Use not allowed Permit UP p p p p - *In addition to applicable regulations in this Development Code, Accessory Dwelling Units are subject to Municipal Code Chapter D. Subsection (C)(1) of Section 24H (T3.4 - (Neighborhood General 2) Zone Standards) is hereby amended to read: "1. Parking requirements. The number of required off-street parking spaces is as follows: A. Single-family House. Two spaces per house, at least one of which shall be enclosed in a garage. B. Accessory Dwelling Unit. One space, which may be enclosed, covered, or open, in addition to those required for the principal dwelling. See Municipal Code Chapter for additional regulations, as applicable. 18 I I

19 I I I Off-street parking for residences are in addition to onstreet guest parking." E. Subsection E of Section 24H (T3.4 - (Neighborhood General 2) Zone Standards) is hereby amended to read: "E. Allowed land uses and permit requirements. The following land uses may occur within the T3.4 Neighborhood General 2 zone, subject to the noted permit requirements: Land Use Type Group Care Home Occupation Single-family/Accessory Dwelling Unit* Child Day Care - Small Family Day Care Child Day Care - Large Family Day Care I Permit P - Permitted Use UP - Use Permit required - - Use not allowed *lln addition to applicable regulations in this Development Code, Accesso ry Dwell in g Units are sub ect J to Munici p al Code Cha p ter UP p p p p F. Section 24H (Building Types Allowed by Zone) is hereby amended in its entirety to read: H24H Building Types Allowed by Zone The following table identifies the building types allowed in each zone established by Article 24H.102 (Regulating Plan and Zones): 19

20 Table 24H-3: Building Types Allowed by Zone j UC Hansen Trust Property Zones Building Type POS T3.3 I T3.4 T4.7 I Civic Building 0(1) - I Quadplex Building (2) I 0 I Rowhouse 0 l Front Yard House 0 I Sideyard House 0 I I Large Lot House 1 0 r I Large Lot House ' Large Lot House l Accessory Dwelling Unit 0 (3,) 0 (3) Key: 0 = Type allowed in zone. Notes: I I I (1) Limited to buildings and structures necessary for maintenance and support of the specific purpose of each park and/or open space area. (2) Quadplex Buildings are allowed only in the Farmworker Housing Overlay. (3) Accessory Dwelling Units are not allowed in the 1 ~ Story Maximum Building Height Overlay Zone and are subject to the requirements and regulations of Municipal Code Chapter " Ill Ill I/ I I I I 20 f:\ordinanceslcommunity development\2017\accessory dwelling unitsladu ordinance.v3.docx

21 G. Section 24H (Front Yard House) is hereby amended to replace the first row (A) to read as follows: II Description of type. Front Yard Houses are detached single-family homes with a clear distinction between the public, street facing side, and the private A. side, which is oriented to the yard behind the building. An accessory dwelling unit may be built at the rear of a lot if permitted under Municipal Code Chapter H. Section 24H (Sideyard House) is hereby amended to replace the first row (A) to read as follows: ii Description of type. A detached building designed as a residence for one household, with its primary entrance accessed from the fronting sidewalk through a A. front or side yard. The side yard also serves as the main yard. An accessory dwelling unit may be built at the rear of a lot if permitted under Municipal Code Chapter

22 I. Section 24H (Large Lot House) is hereby amended to replace the first row (A) to read as follows: Description of type. Large Lot Houses are detached single-family homes that allow for a variety of floor plan layouts and orientations A. due to the generous lot width. An accessory dwelling unit may be built at the rear of a lot if permitted under Municipal Code Chapter , " J. Section 24H (Carriage House) of 24H.206 (Building Type Standards) is hereby repealed. K. Subsection B of Section 24H (Variances: Warrants and Exception) is hereby amended to read: "B. Limitations. The following evaluation standards shall not be eligible for Warrants or Exceptions: 1. Building Type - Minimum Lot Width reduction of more than 10 feet and where all requirements of Article 24H.206 (Building Types), exclusive of those measures designated [DR] are not met. 2. All Development and Zoning Code standards relating to Accessory Dwelling Units. 3. Land use or activity on a particular site which is not otherwise allowed. 4. Home Occupations." L. Subsection A of Section 24H (Exemptions from Planning Permit Requirements) is hereby amended to read: f:\ordinances\community development\2017\accessory dwell ing units\adu ordinance.v3.docx 22

23 "A. General requirements for exemption. The land uses, structures, and activities identified by Subsection B. below are exempt from the planning permit requirements of this Development Code only when: 1. The new use, activity or structure associated with the Quadplex Building, Rowhouse, Front Yard House, Side Yard House, Large Lot House, or Accessory Dwelling Unit that are established and operated in compliance with the setback requirements, height limits, and all other applicable standards of Article 24H.202 (Urban Standards), Article 24H.206, (Building Type), Municipal Code Chapter , and, where applicable, those relating to Nonconformity Regulations; and 2. Any permit or approval required by City regulations other than this Development Code is obtained (for example, a Building Permit)." M. Section 24H (Definitions of Specialized Terms and Phrases) is hereby amended to remove the term and definition for "Carriage House." SECTION 7. Consistency Amendments to Saticoy and Wells Development Code. The City Council hereby amends the Saticoy & Wells Development Code, adopted November 2009, as follows, with all other provisions of the Saticoy & Wells Development Code remaining in effect without amendment: A. Subsection (F)(1) of Section 24S (Approval Requirements) is hereby amended to read as follows: u1. All new development located within the T3.3 Neighborhood General, T4.10 Urban General, and T5.4 Urban Center zones, excluding Front Yard House, Sideyard House and Accessory Dwelling Unit." B. Subsection (A)(2)(c) of Section 24S (Variances: Warrants and Exceptions) is hereby amended to read as follows: 23

24 11 c. All of the following Zone and Development Standards are mandatory requirements unless approval of an Exception is obtained: i. Building Placement: Primary Buildings ii. Building Placement: Accessory Buildings as it relates to Accessory Buildings only and not Accessory Dwelling Units Parking: Parking Placement 1v. Parking: Parking Requirements" C. Subsection B of Section (Variances: Warrants and Exceptions) is hereby amended to read as follows: "B. Limitations The following evaluation standards shall not be eligible for Warrants or Exceptions: 1. Building Type - Minimum Lot Width reduction of more than 10-feet and where all requirements of Chapter (Building Types), exclusive of those measures designated [DR] are not met. 2. Land use or activity on a particular site which is not otherwise allowed. 3. Home Occupations." D. Subsection A of Section 24S (Exemptions From Planning Permit Requirements) is hereby amended to read as follows: "A. General Requirement for Exemption The land uses, structures, and activities identified by Subsection B. below are exempt from the planning permit requirements of this Development Code only when : 24

25 1. The new use, activity or structure associated with the Accessory Dwelling_ Unit, Front Yard House and Side Yard House that are established and operated in compliance with the setback requirements, height limits, and all other applicable standards of Chapter , and (Zones and Development Standards, Optional Zones and Overlay Zones), Chapter (Building Type), Municipal Code Chapter , and, where applicable, those relating to Nonconformity Regulations; and 2. All permits or approvals required by City regulations other than this Development Code is obtained (for example, a Building Permit)." E. Section (The Neighborhood General Zone (T3.3)) is hereby amended to remove the table entitled "Allowed Building Type Table" on page 29. F. Subsection (C)(2)(a)(ii) of Section (The Neighborhood General Zone (T3.3) is hereby amended to read: "ii. Accessory Dwelling Unit: One space, which may be enclosed, covered, or open, in addition to those required for the principal dwelling. See Municipal Code Chapter for additional regulations, as applicable." G. The table on page 31 entitled "Allowed Building Type Table" in Section (The Urban General Zone (T4.10)) is hereby amended to remove the rows entitled "Carriage House," "Front Yard House," and "Side Yard House" in their entirety. H. Table C (Specific Function) in Section (Land Use Tables) is hereby amended to amend and replace the row entitled "Dwelling -Second unit/carriage" to read as follows: jj Dwelling - Accessory p p p p p --- zo Dwelling Unit

26 I. Section (Carriage House and Second Unit) is hereby repealed in its entirety. J. Subsection A (Definitions "A") of Section (Definitions of Specialized Terms and Phrases) is hereby amended to add a new term and definition immediately before the term and definition for "Adult Business" to read as follows: ""Accessory Dwelling Unit" - See Zoning Ordinance Chapter " K. Subsection R (Definitions "R") of Section (Definitions of Specialized Terms and Phrases) is hereby amended to replace the definition for "Residential Accessory Use or Structure" to read: '"Residential Accessory Use or Structure' means a use and/or structure that is customarily a part of, and clearly incidental and secondary to a residence, and does not change the character of the residential use. This definition includes, by way of example, the following types of uses or detached accessory structures, and other similar structures normally associated with a residential use of property. garage gazebo greenhouse (non-commercial) spa, hot tub storage shed studio swimming pool tennis or other on-site sport court workshop Also includes the indoor storage of automobiles, personal recreational vehicles and other personal property, accessory to a residential use. Does not include Accessory Dwelling Units, which are governed by Municipal Code Chapter " 26

27 SECTION 8. Consistency Am,endm,ents to Parklands Specific Plan. The City Council hereby amends the Parklands Specific Plan, adopted May 2009, as follows, with all other provisions of the Parklands Specific Plan remaining in effect without amendment: A. Chapter I (Overview) and Sections 24P.102.2(A)(2) (Zones and their Purposes), 24P (T4.6 Urban General Corridor), 24P (T3.2 (Neighborhood General), 24P.202.5(A)(2) (T3.1 Neighborhood Edge), 24P Table 24P.4 (Building Types Allowed by Zone), 24P (Mediterranean), 24P (Landscape Guidelines), 24P (Parking Design and Development Standards), and Appendix A are hereby amended to replace all instances of the term "Carriage House" with the term "Accessory Dwelling Unit." B. Table 24P.2 (Allowed Land Uses and Permit Requirements) of Section 24P (Land Uses and Permit Requirements) is hereby amended to replace the row entitled 11 Second Unit - Carriage House" to read as follows: [ Accessory Dwelling Unit I p4 I p4 I p I MC ,, C. Table 24P.2 (Allowed Land Uses and Permit Requirements) of Section 24P (Land Uses and Permit Requirements) is hereby amended to replace Note 4 to read as follows: " 4 Accessory Dwelling Unit use allowed only in accordance with Municipal Code Chapter " D. Subsection (C)(3)(b) of Section 24P (T.3.1 Neighborhood Edge) is hereby amended to read as follows: "b. Accessory Dwelling Units: 1 on-site space per unit. See Municipal Code Chapter for additional regulations, as applicable." 27

28 E. Table 24P.4 (Building Types Allowed by Zone) of Section 24P (Allowable Building Types) is hereby amended to replace the term "Carriage House" with the term "Accessory Dwelling Unit." F. Figure 24P.18 (Building Type Transect Diagram) of Section 24P (Allowable Building Types) is hereby amended to replace the term "Carriage House'' with the term "Accessory Dwelling Unit." G. Section 24P (Carriage House) of Chapter 24P.206 (Building Types) is hereby repealed. H. Subsection C of Section 24P (Bonus Rooms) is hereby amended to read as follows: "C. Standards. Bonus rooms shall conform to the Accessory Dwelling Unit standards (Municipal Code Chapter ) with the following exceptions: 1. Bonus rooms are permitted only on 35' x 92' lots. 2. Bonus rooms shall be one contiguous room and may provide one full bathroom. 3. Kitchens are not permitted. 4. Bonus rooms shall be of the same ownership as the primary house and may not be rented or sublet." I. Subsection F(1) of Section 24P.214 (Administration) is hereby amended to read as follows: "1. General requirements for exemption. The land uses, structures, and activities identified by subsection 2. below are exempt from the planning permit requirements of this development Code only when: a. The new use, activity or structure associated with the Accessory Dwelling Unit, Single Family House, Duplex, Triplex, Quadplex, Bungalow Court, Rowhouse, Live/Work, or Courtyard Housing is in compliance with the setback requirements, height 28

29 limits, and all other applicable standards of Article 24P.202 (urban standards), Article 24P.206 (Building type), Municipal Code Chapter , and, where applicable, those relating to nonconformity regulations; and b.. Any permit or approval required by City regulations other than this Code is obtained (for example, a Building Permit)." J. Section 24P.216 (Glossary) is hereby amended to remove the term and definition for "Carriage House." K. Section 24P.216 (Glossary) is hereby amended to remove the term and definition for "Second House." SECTION 9. CEQA Finding. The City Council hereby finds that this zoning ordinance implements the provisions of Government Code Section and is therefore statutorily exempt from the California Environmental Quality Act pursuant to Public Resources Code Section and California Code of Regulations, Title 14, Chapter 3, Section 15282(h). SECTION 10. Severability. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional. I I I Ill Ill I/ I f:lordinances\community development\2017\accessory dwelling unitsladu ordinance.v3.docx 29

30 PASSED and ADOPTED this _6_ day of November I Erik Nasarenko, Mayor ATTEST: ANTOINETIE M. MANN, MMC, CRM CITY CLERK APPROVED AS TO FORM Gregory G. Diaz, City Attorney 30

31 CERTIFICATION STATE OF CAUFORNIA ) COUNTY OF VENTURA ) SS. CITY OF SAN BUENAVENTURA ) I, ANTOINETTE M. MANN, City Clerk of the City of San Buenaventura, DO HEREBY CERTIFY that the foregoing is a full, true, and correct copy of Ordinance No that was introduced by said City Council at a regul'ar meeting held October 16, 2017, and adopted by said City Council at a regular meeting held November 6, 2017, by the following vote: A YES: NOES: Councilmembers Weir, Tracy, Heitmann, Monahan, Deputy Mayor Andrews and Mayor Nasarenko. None. RECUSED AND ABSTAINED: Councilmember LaVere ABSENT: None I further certify that said Ordinance No was published as required by law in the VENTURA COUNTY STAR, a newspaper of general circulation printed and published in said City. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Buenaventura, California. UJttm ~2n~ Antoinette M. Mann, MMC, CRM City Clerk City of San Buenaventura, California Uu1e.~7t.2oft Date Attested