Ventura County |
Code of Ordinances |
Division 8. Planning and Development |
Chapter 1. Zoning |
Article 7. Standards for Specific Uses |
§ 8107-1.7.2. Standards for all other accessory dwelling units.
An accessory dwelling unit that does not meet the provisions of Section 8107-1.7.1 shall require a zoning clearance and be required to comply with the following standards:
(a)
Non-Impact Areas. The following size requirements for accessory dwelling units apply to lots located outside of the Arroyo Santa Rosa/Tierra Rejada Groundwater Quality and the Ojai Traffic Impact Areas shown on Map 1 and Map 2:
(1)
The minimum lot area shall be established by Planning Area, as listed below:
Planning Area
Minimum Lot Area Countywide, except the communities listed below 9,000 sq. ft. El Rio/Del Norte Area Plan and North Ventura Area Plan 6,000 sq. ft. Saticoy Area Plan 8,000 sq. ft. Oak Park Area Plan and Thousand Oaks Area Plan 10,000 sq. ft. Existing Community of Somis 10,000 sq. ft. Refer to Sec.8119-1.3.2, Sec.8119-1.3.3, and Section 8119-1.4.10 in the Old Town Saticoy Development Code for additional development standards for accessory dwelling units.
(2)
The total floor area of an attached accessory dwelling unit shall not exceed fifty (50) percent of the existing gross floor area of the principal dwelling unit or the allowed maximum accessory dwelling unit size, whichever is less. Lots that meet the minimum lot area, as shown in the table above, are allowed an accessory dwelling unit up to a gross floor area of one thousand two hundred (1,200) square feet with a maximum of three (3) bedrooms. Lots that are ten (10) acres or more in area are allowed an accessory dwelling unit up to a gross floor area of one thousand eight hundred (1,800) square feet with a maximum of four (4) bedrooms.
(3)
The total floor area for a detached accessory dwelling unit shall not exceed a gross floor area of one thousand two hundred (1,200) square feet and a maximum of three (3) bedrooms, except that lots that are ten (10) acres or more in area are allowed an accessory dwelling unit with up to four (4) bedrooms and a gross floor area of one thousand eight hundred (1,800) square feet.
(b)
Impact Areas. Lots located in the Arroyo Santa Rosa/Tierra Rejada Groundwater Quality Impact Area as shown on Map 1 below, or in the Ojai Traffic Impact Area as shown on Map 2 below, shall not exceed the maximum number of bedrooms or bedroom equivalents and the maximum allowable unit size, and shall meet minimum lot area standards listed below. If a lot is partially within the traffic impact area, but the location of the proposed accessory dwelling unit is outside of the traffic impact area, then the lot shall be considered entirely outside the traffic impact area. If a lot is partially within the groundwater quality impact area, but the septic system servicing the proposed accessory dwelling unit is, or is proposed to be, located outside the impact area, then the lot shall be considered entirely outside the impact area. Lots located within the Arroyo Santa Rosa/Tierra Rejada Groundwater Quality Impact Area (Map 1) with an established sewer connection are not subject to the limitations in the table below, and shall meet the sizing requirements for minimum lot area and maximum accessory dwelling unit size in Section 8107-1.7.2(a).
Impact Area
Maximum Number of Bedrooms /Bedroom Equivalents , Maximum Unit Size of Accessory Dwelling Units, and Minimum Lot Area Arroyo Santa Rosa/Tierra Rejada Groundwater Quality Impact Area (See Map 1) One-bedroom equivalent/1,200 sq. ft. total gross floor area on lots 3.90 acres or more in area.
Two-bedroom equivalent/1,200 sq. ft. total gross floor area on lots 4.80 acres or more in area.
Three-bedroom equivalent/1,200 sq. ft. total gross floor area on lots 5.70 acres or more in area.Ojai Traffic Impact Area (See Map 2) Two bedrooms/900 sq. ft. gross floor area on lots of 20,000 sq. ft. or more in area.
Three bedrooms/1,200 sq. ft. gross floor area on lots of one acre or more in area.The maximum number of bedrooms in this table applies only to the Ojai Traffic Impact Area.
The maximum number of bedroom equivalents, which includes bedrooms, applies only to the Arroyo Santa Rosa/Tierra Rejada Groundwater Quality Impact Area.
The total floor area of an attached accessory dwelling unit shall not exceed fifty (50) percent of the existing gross floor area of the principal dwelling unit or the allowed maximum accessory dwelling unit size, whichever is less.
(c)
Boundaries of Impact Areas. For the purposes of this Section 8107-1.7.2(a) and (b), the Arroyo Santa Rosa/Tierra Rejada Groundwater Quality Impact Area shall mean those portions of the unincorporated area of Ventura County depicted on Map 1 below, and the Ojai Traffic Impact Area shall mean those portions of the unincorporated area of Ventura County depicted on Map 2, below. Both maps are accessible in the GIS Department of the Resource Management Agency.
(d)
Calculation of Gross Floor Area. For the limited purpose of Section 8107-1.7.2(a) and (b), the computation of gross floor area shall not include any attached patio cover, deck, garage or any bay window that does not extend to the floor or protrude more than eighteen (18) inches from the adjoining exterior wall. Patio covers, decks, garages or any bay windows will be counted in the maximum allowable square footage allowed for "accessory structures to dwellings" in Section 8105-4.
(e)
Parking Exemptions. Parking requirements for accessory dwelling units listed in Section 8108-4.7 shall not apply if any of the following apply:
(1)
The accessory dwelling unit is located within one-half (½) mile of public transit; or
(2)
The accessory dwelling unit is located within an historic district; or
(3)
When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit; [or]
(4)
When there is a car share vehicle located within one (1) block of the accessory dwelling unit; or
(5)
The accessory dwelling unit is within the existing or proposed space of a permitted principal dwelling unit or within the existing space of a permitted accessory structure.
(f)
Parking Location. Parking for an accessory dwelling unit may be provided as tandem parking on a driveway. Additionally, the parking space for an accessory dwelling unit may encroach into a required front and/or interior side setback, provided that all of the following conditions are met:
(1)
The long dimension of the space is parallel to the centerline of the nearest driveway on the lot; and
(2)
On interior lots, a minimum three-foot wide area adjacent to one (1) side lot line remains unobstructed by vehicles.
(g)
Parking Location in Fire Hazard Severity Zones. Notwithstanding Section 8107-1.7.2(f), above, parking for accessory dwelling units located within Ventura County Fire Hazard Severity Zones, identified on either the Fire Hazard Severity Zones in State Responsibility Area map or the Very High Fire Hazard Severity Zones in Local Responsibility Area map from CAL FIRE, may not be located within setback areas or as tandem parking, unless the Ventura County Fire Protection District Fire Marshal or his/her designee determines that the proposed location of the accessory dwelling unit is within an area without known barriers to emergency service vehicle access. The Ventura County Fire Hazard Severity Zone maps are accessible in the GIS Department of the Resource Management Agency and at the California Department of Forestry and Fire Protection.
(h)
When a garage, carport or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit, the replacement parking spaces for the principal dwelling unit may be located in any configuration on the same lot as the accessory dwelling unit, including, but not limited to, covered spaces, uncovered spaces, or tandem spaces, or by the use of mechanical automobile parking lifts.
(i)
An existing principal dwelling unit that meets the development standards for an accessory dwelling unit may be designated the accessory dwelling unit and a separate principal dwelling unit may be permitted on the site. In such cases both the new principal dwelling unit and the accessory dwelling unit shall meet all provisions of this Chapter.
(j)
A setback of no more than five (5) feet from the side and rear lot lines shall be required for an accessory dwelling unit that is constructed above a garage.
(k)
No setback is required for an existing garage that is converted to an accessory dwelling unit.
(l)
Mobilehomes and manufactured homes may be used as accessory dwelling units, in accordance with Section 8107-1.3.
(m)
With the exception of deviations granted in accordance with Section 8107-37.3 and Section 8111-9, or as required by state law, no variance to the requirements of this Chapter may be approved for accessory dwelling units.
(n)
No more than one (1) accessory dwelling unit is allowed on each lot.
(o)
No other accessory structure shall be attached to a detached accessory dwelling unit, unless the combined total area of the accessory structure and accessory dwelling unit does not exceed the allowable size of the accessory dwelling unit. This provision does not apply to accessory dwelling units built above a garage.
(p)
Accessory dwelling units shall not be rented on a transient occupancy basis (rental terms of less than thirty (30) consecutive days).
(q)
An accessory dwelling unit will not be allowed in areas where adequate water supply and sewage disposal cannot be demonstrated. If the existing single-family detached residence is served by a public sewer system or a public water system, the accessory dwelling unit must be served by the same system or systems.
(r)
At the time of application, the owner of the property shall reside in the accessory dwelling unit or the primary dwelling unit. If the application is for construction of both the accessory dwelling unit and the primary dwelling unit, the owner shall agree to occupy either the accessory dwelling unit or the primary dwelling unit after construction.
MAP 1
MAP 2
(Ord. No. 4507, § 3, 3-14-2017; Ord. No. 4509, § 2, 4-18-2017; Ord. No. 4519, § 3, 2-27-2018)