Sec. 10-2.1709. Accessory dwelling units.

(a)    Purpose. The purpose of this section is to provide guidelines, and minimum standards to facilitate both the construction of new accessory dwelling units, also known as second units, and the legalization of unpermitted accessory dwelling units.

(b)    Definitions. For the purposes of this section, certain words and phrases used in this section are defined as follows:

(1)    “Accessory dwelling unit” is a residential dwelling unit that is accessory to a principal residential dwelling unit located on the same parcel of land. It is an attached or a detached residential dwelling unit which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation and be situated on the same parcel or parcels as the primary unit. An ADU must have exterior access independent from the primary unit and/or interior access independent from the primary unit.

(2)    “Accessory structure” means a structure that is physically detached from, secondary and incidental to, and commonly associated with the primary structure and is either a habitable structure with no more plumbing facilities than a half-bath containing a toilet and a sink or a non-habitable structure.

(3)    “Attached unit” means a unit shall be considered attached to the primary unit if the unit is attached by either a common wall, floor, or ceiling.

(4)    “Attic” means the area located between the ceiling of the top story of a building and the building’s roof and not usable as habitable or commercial space.

(5)    “Basement” means a portion of a building wholly underground or in which more than one-half the distance from the floor to the ceiling is below the average adjoining grade, and as otherwise defined in the Building Code currently in effect.

(6)    “Detached unit” has no common walls, floors or ceilings to another residential unit.

(7)    “Efficiency unit” as defined in Section 17958.1 of the Health and Safety Code.

(8)    “Existing legal accessory building” means a building that is either existing legal conforming or existing legal nonconforming.

(9)    “Existing legal primary unit” means a unit that is either existing legal conforming or existing legal nonconforming.

(10)  “Floor area” means the interior habitable and non-habitable areas of a dwelling unit including basements and attics, not including a garage or any accessory structure.

(11)  “Habitable area” means an area within a building designed for general living, sleeping, eating, or cooking purposes.

(12)  “Home split” means the division of an existing single-family home into two (2) dwelling units, each containing a minimum of six hundred fifty (650) square feet of living space and meeting the following criteria: (i) the existing single-family home contains a minimum of two thousand (2,000) square feet of living area, is located on a legal lot and has a current Zoning District designation of any of the following zones: all R Zones, OS, A, VMU, C-1, or B-P; (ii) does not expand the existing principal residence by more than ten (10) percent of the existing floor area; (iii) results in no change in the physical appearance of the existing single-family home or otherwise complies with the provisions of Section 10-2.2003 (Applicability), subsection (c); and (iv) adheres with all applicable building code requirements and development standards of the underlying Zoning District.

(13)  “Junior accessory dwelling unit” means a residential dwelling unit that is no more than five hundred (500) square feet in size and contained entirely within an existing single-family structure. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure.

(14)  “Living area” means the interior legally permitted habitable area, with minimum dimensions of eight (8) feet by ten (10) feet and with at least seven and one-half (7.5) feet of head room, of a dwelling unit including basements and attics but does not include a garage or any accessory structure.

(15)  “Lot coverage” means the percentage of total site area occupied by structures. Structure or building coverage is measured as the area enclosed by or within a structure, and includes the primary structure, all accessory structures (e.g., carports, garages, patio covers, storage sheds, trash dumpster enclosures, accessory dwelling units) and architectural features (e.g., chimneys, balconies, decks above the first floor, porches, stairs).

(16)  “Manufactured home” as defined in Section 18007 of the Health and Safety Code.

(17)  “Multi-family dwelling” as set forth in Ojai Municipal Code Section 10-2.3602, (Definitions of specialized terms and phrases).

(18)  “Neighborhood” as set forth in Government Code Section 65589.5.

(19)  “Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit.

(20)  “Primary unit” means an existing single-family dwelling located on a lot in any of the following zones: all R Zones, OS, A, VMU, C-1, B-P. ADUs are only permitted in the C-1 and B-P Zones if the property’s existing single-family dwelling is legal, conforming or nonconforming, but not if the existing single-family dwelling lacks legal status.

(21) “Short-term rental” means any short-term, transient, or vacation rental of property or a portion thereof located within the City of Ojai for less than thirty (30) days, excepting rentals with a duration of the entire month of February.

(c)    Applications. Notwithstanding any provision of these Zoning Regulations to the contrary, an application for a new or expanded accessory dwelling unit shall be approved ministerially by the Community Development Director, without discretionary review and a hearing, if the project conforms with the minimum standards and design criteria in this section. Any application for an accessory dwelling unit that does not conform to the minimum standards and design criteria in this section applicable to that type of accessory dwelling unit may be approved via approval of a design review permit issued under Section 10-2.2003 (Applicability), subsections (c) and (d).

(1)    The accessory dwelling unit shall not be offered for sale apart from the primary unit.

(d)    Standards. The following development standards shall apply to accessory dwelling units, with the standards set separately for each accessory dwelling unit type:

Table A

ACCESSORY DWELLING UNIT DEVELOPMENT STANDARDS

Notes:

(1)  Standards in Common.

(A)         The accessory dwelling unit shall include a separate entrance, kitchen, and bathroom.

(B)         The accessory dwelling unit shall complement the primary residence in form, materials and color.

(C)         Mobile homes (except those fitting the definition of Section 18007 of the Health and Safety Code) and travel trailers shall not be permitted as second units.

(D)         Accessory dwelling units, including any portion of a pre-existing primary residential unit which would be incorporated into an accessory dwelling unit, shall comply with the minimum standards of Title 24, California Code of Regulations, the Uniform Building, Plumbing, Housing, and Mechanical Codes, the National Electrical Code, Fire, Health, and Safety Code and the noise insulation standards applicable at the time the building permit for the accessory dwelling unit is issued or when the accessory dwelling unit is permitted by the Director, whichever is most recent. Any condition of the primary unit which is detrimental to health and safety shall also be corrected by the applicant.

(E)         All applicable regulations of the Municipal Code shall be met, including the Building, Residential, Fire, and other requirements adopted by Title 9, Chapter 1 (Uniform Codes).

(F)          Both primary and accessory dwelling units shall be connected to the public sewer system, unless sewer service via a new or existing private sewage disposal system is approved by the Building Official and in compliance with all applicable regulations. All public utility services to the accessory dwelling unit shall be underground. The accessory dwelling unit does not need a separate connection to any public utility service. The primary and accessory dwelling units shall be commonly or separately metered to all public utility services, at the option of the applicant. Notwithstanding the foregoing, if an accessory dwelling unit is proposed for a property with an existing private sewage disposal system, then the accessory dwelling unit may connect to the existing private sewage disposal system, if approved by the Building Official and in compliance with all applicable regulations.

(G)         Notwithstanding the standards of Table A, no minimum or maximum size for an accessory dwelling unit, size based upon a percentage of the proposed or existing primary dwelling, or limits on lot coverage, floor area ratio, open space, and minimum lot size, for either attached or detached dwellings shall be imposed that prohibit an eight hundred (800) square foot accessory dwelling unit that is sixteen (16) feet in height with four (4) foot side and rear yard setbacks to be constructed in compliance with all other local development standards.

(2)  Junior accessory dwelling units within single-family and multi-family dwellings shall be permitted in compliance with Title 10, Chapter 2, Section 1709 (Accessory dwelling units), subsection (k) and all regulations stated in Government Code Sections 65852.2 and 65852.22.

(3)  Notwithstanding the maximum floor area standards of Table A, an accessory dwelling unit containing one bedroom shall be permitted up to eight hundred fifty (850) square feet in floor area and an accessory dwelling unit containing two (2) or more bedrooms shall be permitted up to one thousand (1,000) square feet in floor area.

(4)  Accessory dwelling units are allowed in multi-family dwellings in compliance with subsection (l) and all regulations stated in Government Code Section 65852.2.

(e)    Design review permit criteria. So long as the design criteria set forth in Table A “Accessory Dwelling Unit Development Standards” are met for the applicable accessory dwelling unit type and the common standards set forth in subsection (d)(1) are met, as determined by the Director, and provided that the accessory dwelling unit: (1) does not entail new two-story construction and is no taller than twenty-four (24) feet in height; or (2) is within the building envelope of the existing legal second story of an existing legal primary unit, has independent exterior access from the existing legal primary unit, and side and rear setbacks are adequate for fire safety as determined by the Director; or (3) if a home split, does not entail two-story construction or alteration of the second story of an existing two-story principal residence or expansion of the existing principal residence by more than ten (10) percent of the existing floor area, then a design review permit shall not be required under Section 10-2.2003 (Applicability).

(f)    Fees. No connection fees, capacity charges, school district fees, or similar impact fees shall be assessed on an accessory dwelling unit by the City. Accessory dwelling unit applications are subject to the City’s planning and building administrative and permit applications fees applicable at the time of the application.

(g)    Growth management allocation. All accessory dwelling units shall be exempt from the City of Ojai’s Growth Management allocation process.

(h)    Short-term rental. No accessory dwelling unit shall be utilized as a short-term rental facility.

(i)     Traffic impacts. Accessory dwelling units are expressly exempt from the City of Ojai’s traffic mitigation policies.

(j)     ADU/Second Unit Compliance Program. The owners of existing accessory dwelling units which existed prior to January 1, 2021, and not recognized as lawfully permitted may apply for an amnesty permit pursuant to the ADU/Second Unit Compliance Program Guidelines (“ADU/Second Unit Guidelines”) adopted by the City Council pursuant to this section. If approved, as provided in the ADU/Second Unit Guidelines, the ADU/second unit compliance permit shall convey legal nonconforming status on the second unit pursuant to Title 10, Chapter 2, Article 13 (Nonconforming Uses, Structures, and Parcels).

(1)    Except as specifically provided in the ADU/Second Unit Guidelines, ADU/second unit compliance permits shall not be subject to the normal requirements for residential second units specified in this Code, but instead shall be subject to the specific requirements contained in Second Unit Guidelines.

(2)    Permit processing and development impact fees within the control of the City shall be discounted for residential second units which qualify for an ADU/second unit compliance permit. The amount of such fees shall be set forth in a fee resolution adopted by the City Council.

(3)    The ADU/Second Unit Compliance Program shall remain in effect from the effective date of the ordinance originally adding this subsection until a termination date established by ordinance or resolution of the City Council. Any such termination shall not affect a complete application for an ADU/second unit compliance permit filed with the City prior to the termination date.

(k)    Junior accessory dwelling units.

(1)    All the requirements under Section 10-2.1709 (Accessory dwelling units) apply equally to junior accessory dwelling units, unless stated otherwise in this subsection. A property owner may build a junior accessory dwelling unit, in addition to an accessory dwelling unit, provided each junior accessory dwelling unit and accessory dwelling unit, if applicable, are in compliance with the requirements of Section 10-2.1709 (Accessory dwelling units) in any zone and for any property for which an accessory dwelling unit is permitted by Table A in Section 10-2.1709 (Accessory dwelling units), subsection (d). Any junior accessory dwelling unit shall be built within the structure, but may include up to a one hundred fifty (150) square foot addition to an existing or proposed primary dwelling unit.

(2)    The owner must reside in the single-family residence but may choose to reside within the remaining portion of the structure or the newly created junior accessory dwelling unit, except as may be allowed otherwise by Government Code Section 65852.22, subdivision (a)(2).

(3)    All junior accessory dwelling units shall include, at a minimum, an efficiency kitchen and living area. It may include separate sanitation facilities or may share sanitation facilities with the existing structure. The junior accessory dwelling unit must include a separate entrance from the main entrance to the proposed or existing single-family residence.

(4)    The maximum floor area for a junior accessory dwelling unit shall not exceed five hundred (500) square feet.

(l)     Multi-family dwelling accessory dwelling units.

(1)    All the requirements under Section 10-2.1709 (Accessory dwelling units) apply equally to multi-family dwelling accessory dwelling units, unless stated otherwise in this subsection. The owner of a multi-family dwelling may build one or more accessory dwelling units in compliance with this section in any zone and for any property for which an accessory dwelling unit is permitted by Table A in Section 10-2.1709 (Accessory dwelling units), subsection (d).

(2)    The number and type of accessory dwelling units for a multi-family dwelling must comply with the following standards:

(A)   An owner of a multi-family dwelling may build multiple attached accessory dwelling units, up to twenty-five (25) percent of the number of existing multi-family dwelling units, if solely within the portions of the 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, and if each attached accessory dwelling unit complies with all applicable building codes for dwellings. The maximum floor area for each attached multi-family accessory dwelling unit shall not exceed eight hundred (800) square feet.

(B)   An owner of a multi-family dwelling unit may additionally build a maximum of two (2) detached accessory dwelling units, if each detached accessory dwelling unit complies with all applicable building codes for dwellings, does not exceed sixteen (16) feet in height, and has a minimum of four (4) feet side and rear yard setbacks. The maximum floor area for each detached multi-family accessory dwelling unit shall not exceed eight hundred (800) square feet.

(m)   Moveable tiny houses. Notwithstanding any other provision of this Code to the contrary, a moveable tiny house that meets the requirements and definition in this subsection may be built and occupied as a new detached accessory dwelling unit if it complies with the standards of this subsection and the applicable requirements in Table A in subsection (d). The prohibition in note (1)(C) of Table A shall not apply to a moveable tiny house that complies with the requirements of this subsection. The requirement of Note (1)(D) of Table A shall not apply to the extent inconsistent with the standards of this subsection, except that all moveable tiny houses shall comply with the requirements of subsection (m)(4)(K) of this subsection, and the rules of ANSI Standard 119.2 or 119.5.

(1)    Purpose. The purpose of this subsection is to:

(A)   Adopt a limited, pilot project to permit moveable tiny houses as an additional type of accessory dwelling unit as part of the City of Ojai’s housing inventory in a manner compatible with the character of the City’s existing single-family neighborhoods;

(B)   Ensure that moveable tiny houses are in harmony with developed neighborhoods; and

(C)   Allow moveable tiny houses as an accessory use to single-family residential dwelling units, consistent with Government Code, Section 65852.2, subdivision (g), which allows cities to adopt less restrictive requirements than the state-mandated minimums for accessory dwelling units. Moveable tiny houses and permanent movable tiny house foundations must comply with all standards and regulations applicable to accessory dwelling units except as specified in this subsection.

(2)    Definition. A “moveable tiny house” is a residential dwelling unit that is: (i) accessory to a principal residential dwelling unit located on the same parcel of land, (ii) provides complete independent living quarters for one household, and (iii) meets all of the following conditions:

(A)   Is licensed and registered with the California Department of Motor Vehicles and has been certified as meeting ANSI Standard 119.2 or 119.5 requirements;

(B)   Is certified by a qualified third-party inspector for ANSI compliance with ANSI Standard 119.2 or 119.5 or NFPA Standard 1192, or provides sufficient evidence to the satisfaction of the Director that the moveable tiny house was built to equivalent fire and life safety standards;

(C)   Is itself towable, or located on a frame that is towable, by a bumper hitch, frame-towing hitch, or fifth-wheel connection and is designed not to and cannot move under its own power;

(D)   Is no larger than allowed by California State law for movement on public highways;

(E)   Has at least one hundred fifty (150) square feet of first floor interior living space;

(F)    Is a detached residential dwelling unit which includes permanent facilities and functional areas for living, sleeping, eating, cooking, and sanitation;

(G)   Is designed and built to look like a conventional building structure, using conventional building materials, and is thus architecturally distinct from traditional mobile homes and recreational vehicles;

(H)   Is sited behind the principal residential dwelling unit, between the applicable rear setback line and the principal residential dwelling unit; and

(I)    Is placed on a permitted permanent moveable tiny house foundation.

(3)    Application. In addition to submitting the application materials and information required by Section 10-2.1709 (Accessory dwelling units), subsection (c) for an accessory dwelling unit, an applicant for a moveable tiny house shall submit proof that:

(A)   The proposed moveable tiny house is licensed and registered with the California Department of Motor Vehicles;

(B)   The proposed moveable tiny house has been certified by a qualified third-party inspector as meeting ANSI 119.2 or 119.5 or NFPA 1192 standard requirements, or was built to meet ANSI 119.2 or 119.5 or NFPA 1192 standards or equivalent fire and life safety standards requirements as demonstrated by sufficient evidence satisfactory to the Director;

(C)   The applicant is the property owner, or, if not, that the property owner has signed the application form, consenting in writing to the intended location of the proposed moveable tiny house;

(D)   The proposed moveable tiny house meets the standards of this subsection; and

(E)   The proposed moveable tiny house will be located on a permitted permanent movable tiny house foundation, which may be either simultaneously permitted with the proposed moveable tiny house or a previously permitted permanent moveable tiny house foundation.

(4)    Moveable tiny house standards. Moveable tiny houses must meet the standards of this subsection and the applicable requirements in Table A.

(A)   Design. The Director shall review the design of each proposed moveable tiny house to ensure that the structure is designed to look like a conventional building structure and is architecturally distinct from traditional mobile homes and recreational vehicles.

(B)   Development standards. Moveable tiny houses must conform with the requirements in Table A of subsection (d) of this section for new detached accessory dwelling units and thus must conform to the setbacks, lot coverage, height, and other applicable zoning requirements of the zoning district in which the site of the proposed moveable tiny house is located, except as modified by this subsection.

(C)   Maximum floor area. The maximum square footage of habitable floor space for a moveable tiny house shall be four hundred forty (440) square feet.

(D)   Parking. Moveable tiny houses shall not require additional parking.

(E)   Pedestrian access. An all-weather surface pedestrian path from the street frontage to the main entrance of the moveable tiny house shall be provided.

(F)    Mechanical equipment. All mechanical equipment, other than solar energy panels or collectors, for a moveable tiny house shall be incorporated into the structure and shall not be located on the roof.

(G)   Utility connections and requirements. Moveable tiny houses shall have adequate, safe, and sanitary utility systems providing water, sewer, heat, cooling, and electric power, as determined by the Director and the Building Official. Moveable tiny houses shall comply with the utility requirements applicable to accessory dwelling units as stated in note (1)(F) of Table A.

(H)   Addresses. Moveable tiny houses may be given separate street addresses from the primary unit.

(I)    Permanent moveable tiny house foundation requirements. Once sited on the parcel of the primary unit, moveable tiny houses shall be mounted onto a permitted, permanent foundation that meets the requirements of NFPA 225 or equivalent foundation and installation safety standards as determined by the Director and Building Official, and shall meet the following additional foundation requirements:

(i)     If the wheels are removed so the moveable tiny house sits directly on the permanent foundation, the foundation shall follow the state approved requirements for foundation systems for manufactured housing.

(ii)    If the moveable tiny house does not have its wheels removed, then all wheels and leveling/support jacks must sit on a permitted, permanent concrete or asphalt surface sufficient to support its weight, secured to prevent movement, and the wheels, leveling/support jacks, and undercarriage must be skirted and not visible.

(J)    Prohibition on excessive movement. No parcel may be approved for more than one moveable tiny house in a one-year period. No parcel may contain more than one moveable tiny house at a time.

(K)   Emergency and rescue openings. All moveable tiny houses shall have emergency escape and rescue openings sufficient to ensure emergency escape, including a means of escape, if not an exterior passage door, from each sleeping space that provides an opening of sufficient size to permit the unobstructed passage, with its major axis parallel to the plane of the opening and horizontal at all times, of an ellipsoid generated by rotating about the minor axis an ellipse having a major axis of twenty-four (24) inches (six hundred ten (610) mm) and a minor axis of seventeen (17) inches (four hundred thirty two (432) mm). An exterior passage door, if used for a means of escape, shall provide an unobstructed opening with a minimum horizontal dimension of eighteen (18) inches (four hundred thirty two (432) mm) and a minimum vertical dimension of forty-eight (48) inches (one thousand two hundred nineteen (1,219) mm). Egress roof access windows in lofts used as sleeping rooms shall be deemed to meet this requirement if installed such that the bottom of the opening is not more than forty-four (44) inches above the loft floor, provided the egress roof access window has a net clear opening of not less than five and seven-tenths (5.7) square feet (0.530 square meters), the net clear height of the opening is not less than twenty-four (24) inches, (six hundred ten (610) mm), tall, and the net clear width of the opening is not less than twenty (20) inches, (five hundred eight (508) mm) wide.

(L)   Outside decking requirement. All moveable tiny houses shall have a minimum of eighty (80) square feet of exterior deck area adjacent to the moveable tiny house.

(M)  Class “A” roof requirement. All moveable tiny houses shall have a roof, including skylights and any egress roof access window, that meets the standards for a Class “A” roof assembly as tested in accord with ASTM E108 or UL 790 standards or equivalent fire roof assembly safety standards requirements as demonstrated by sufficient evidence satisfactory to the Director.

(N)   Defensible space requirement. All moveable tiny houses shall have a minimum of five (5) feet of defensible space surrounding the moveable tiny home and the adjacent, exterior deck area, consistent with the defensible space standards in Public Resources Code Section 4291.

(5)    Dual permit requirement. Applicants for a proposed moveable tiny house must secure approval by the Director, through separate zoning clearances, for both the proposed moveable tiny house and the proposed permanent moveable tiny house foundation. An applicant may apply simultaneously for both zoning clearances for a proposed moveable tiny house to be located on a new permanent moveable tiny house foundation. The zoning clearance for the proposed permanent moveable tiny house foundation shall be approved by the Director if the proposed permanent moveable tiny house foundation meets the requirements of this subsection. The zoning clearance for the proposed moveable tiny house shall be approved by the Director if the proposed moveable tiny house meets the requirements of this subsection. A permitted moveable tiny house may be moved, upon approval of a zoning clearance for the newly proposed location, to another permitted permanent moveable tiny house foundation, in compliance with the requirements of this subsection.

(6)    Limited pilot program. The City’s moveable tiny house ordinance is a limited, two (2) year pilot program and therefore the City shall issue no more than ten (10) zoning clearances for permanent moveable tiny house foundations per calendar year, on a first come, first available basis, during the two (2) year pilot program period.

(§ 3, Ord. 771, eff. February 13, 2004, as amended by §§ 2, 4, 12, Ord. 826, eff. June 28, 2013, § 2, Ord. 836, eff. February 28, 2014, § 2, Ord. 858, eff. August 29, 2015, §§ 3—6, Ord. 866, eff. November 15, 2016, § 2, Ord. 875, eff. September 17, 2017, § 2, Ord. 892, eff. April 11, 2019, § 2, Ord. 905, eff. February 27, 2020, § 2, Ord. 921, eff. September 9, 2021, § 2, Ord. 923, eff. October 26, 2021, and § 63, Ord. 941, eff. November 10, 2023)