DATE: September 18, 2014 TO: Planning Commission FROM: Douglas Spondello, Associate Planner

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1 DATE: September 18, 2014 TO: FROM: Planning Commission Douglas Spondello, Associate Planner Thank you for the feedback provided at the June 19, 2014 Planning Commission meeting. Staff has revised the proposed zone text amendment to City Code 16-10, Definitions and , Accessory Structures, Exemptions. The comments provided at that meeting and subsequent changes to the proposal are summarized below: Comment 1: Response: Comment 2: Response: The proposed height limit is excessive and a setback of three feet from the side and rear property lines does not provide a sufficient buffer for taller accessory structures. Staff has revised the proposal for a tiered approach to height and increased the required setbacks. A minimum three-foot setback is required to a side or rearyard property line. Accessory structures shall be limited to a height of eight feet except that the height limit may be increased six inches for each additional onefoot increase to the required setbacks, not to exceed a height of 12 feet. Additionally, accessory structures set against the residence shall not exceed the height of the adjacent eave or parapet. A maximum floor area size of 120 square feet may not be appropriate for smaller/more constricted properties such as in the Single-Family Beach (R-B-1) Sub-Zone. The area of an average lot within the R-B-1 zone is approximately 4,000 square feet (40 feet wide by 100 feet long). Furthermore, the Code currently requires a minimum 15-foot yard area which averages 600 square feet. In light of this direction we are proposing that accessory structures not exceed 15% of the required yard area between the home and the adjacent rear property line (or walkway in R-B-1), not to exceed 120 square feet as reflected below (A) 1: The total aggregate floor area of all accessory structures and buildings shall not exceed 15% of the open area between the residence and

2 PZ No (Zone Text Amendment) September 18, 2014 adjacent rear property line or one hundred twenty (120) square feet, whichever is less. Comment 3: Response: Comment 4: Response: Accessory structures used for athletic recreation such basketball hoops, volleyball nets, etc. should have separate criteria to reflect their unique nature from sheds or storage buildings. Regulation basketball hoops are typically 13 feet tall. Staff proposes including a provision which would allow installation of un-covered, non-moveable, regulation-size sports equipment with no more than two supporting posts such as a basketball hoop, volleyball net, etc., as determined by the Planning Manager. These structures would be exempt from the maximum height criteria and subject to a five-foot setback from side and rear property lines. What are the maximum sizes permitted for exempt accessory structures in other jurisdictions? Reflected in the table below: Jurisdiction Maximum Height (feet) Maximum Size (square feet) Thousand Oaks Simi Valley Ojai Santa Barbara (City) San Buenaventura Moorpark Fillmore If the changes proposed in this response are acceptable, I will prepare a resolution reflecting them to be considered as a consent item at the next regular meeting. Alternatively, I welcome your comments and discussion on any additional changes you feel should be included. I have attached the previous staff report and previous draft resolution from June 19, 2014 for your reference. Attachments: -Staff Report (June 19, 2014) -Previous Draft Resolution (June 19, 2014)

3 !"#$$%$&'()**%++%)$' +,#--'./!).,! TO: FROM: Planning Commission Douglas Spondello, Associate Planner DATE: June 19, 2014 SUBJECT: Planning and Zoning Permit No (Zone Text Amendment), Citywide. 1) Recommendation: That the Planning Commission adopt a resolution recommending that the City Council approve Planning and Zoning Permit No for a zone text amendment, subject to certain findings and conditions. 2) Project Description and Applicant: An Oxnard City Code Chapter 16 (Zoning) text amendment to 16-10, Definitions, and , Accessory Structures, Exemptions, to clarify the definitions and modify height, size, and setbacks of exempt accessory structures and buildings, respectively. Attachment A contains the ordinance to implement this zone text amendment. Filed by the City of Oxnard. 3) Environmental Determination: In accordance with Section of the State CEQA Guidelines, projects involving construction and location of limited numbers of new, small facilities or structures may be found to be exempt from the requirements of the California Environmental Quality Act (CEQA). By nature, accessory structures and buildings are subordinate and secondary to the primary uses of property and therefore do not propose any new uses and an exempt accessory structure or building is, by definition, a small structure. Therefore, adoption of this ordinance is categorically exempt from CEQA. Staff will recommend that the City Council accept a Notice of Exemption. 4) Analysis: a) Background and General Discussion: The current definitions and standards for exempt accessory structures and buildings are provided for by City Code and were approved by the City Council on October 27, 1987 via Ordinance No The Code Compliance Division frequently handles cases of prefabricated sheds and storage buildings which are widely sold by home improvement stores that do not comply with the current size restrictions of the Code and are abutting structures not currently permitted by the Code. The distinction between what is a building versus a structure is established by various adopted definitions and is confusing to the public. The words accessory use, building,

4 PZ Zone Text Amendment: Exempt Accessory Buildings and Structures Planning Commission Date: June 19, 2014 Page 2 and structure are each individually defined in 16-10, Definitions (#4, #19, and #125, respectively). The proposed revisions link portions of the three definitions to create internal consistency and improve the understanding of the definitions. Accessory Building is revised by using applicable portions of the definitions for accessory use and building. Accessory Structure is revised by using applicable portions of the definitions for accessory use and structure. In short, all buildings are structures but not all structures are buildings. Accessory structures and buildings usually require building permits except when they are relatively small and meet the exemption criteria in , which are intended to provide residents with more flexibility for the size and placement of small accessory structures and/or buildings on residential lots without the need for a building permit, if the exemption criteria are satisfied. These changes also include provisions to insure compliance with the California Building Code and clearances required for general life safety and firefighting operations. Larger structures that do not meet the proposed criteria may be allowed with a building permit and subject to the setbacks and architectural requirements of the zone in which they are located, as provide for by other relevant sections of the City Code. The proposed and existing exemption criteria are compared below: Requirement Existing Code ( ) Proposed Code ( ) Maximum Height 8 feet (measured from average grade within 5 feet) 12 feet (measured from average grade within 5 feet Maximum Size 120 square feet of roofed area 120 square feet of floor area Placement/Minimum Setbacks Utilities Occupancy Not within required front yard; Three feet from property lines; Six feet from other accessory structure or building. All utility connections must comply with the permit requirements of the City and building code. (note: This provision is defunct as the current Building Code would require a permit for utility connections to accessory buildings and structures) Though not directly addressed, structures could not be habitable/occupied. Not within required front yard; Three feet from property lines; Not attached to, accessed from, nor blocking openings of any other structure or building. Not blocking required clearances around equipment/vents, etc. The building or structure shall not be served by utilities Structure shall not be occupied for living or sleeping purposes.

5 PZ Zone Text Amendment: Exempt Accessory Buildings and Structures Planning Commission Date: June 19, 2014 Page 3 Architectural Standards Not addressed Except for greenhouses featuring translucent glass panels, exterior siding and roofing shall be made of nonreflective materials. Maximum extension of roof eaves: 12 inches. b) General Plan Consistency: Consistency with the 2030 General Plan is defined by the relationship between the 2030 General Plan policies and the proposed zone text amendment. The three consistency classification levels are: I. Direct Applicability to a Proposed Project or Program (full text of the policy and an explanation). II. III. Related or Indirect Applicability to the Proposed Project or Program (policy title and an explanation for each or groups of related or indirectly related policies). No or Distant Applicability to the Proposed Project or Program (all policies not listed as Level I and II are assumed to be consistent). POLICY LEVEL POLICY OR TITLE N/A I None CD-14.1 CD-14.2 All others II III Design Review Process Development Advisory Committee Functions (DAC) All policies not listed above EXPLANATION There are no directly applicable policies. The Building, Fire, and Code Compliance Departments reviewed the proposed zone text amendment. The proposed amendment reflects their input and recommendations. No or Distant Applicability to the Proposed Text Amendment 5) Development Advisory Committee: The proposed zone text amendment was reviewed by the Building, Fire, and Code Compliance Departments and incorporates their recommendations. 6) Community Workshop: A Community Workshop was conducted on April 21, A notice of the meeting was posted online and distributed to the neighborhood councils chairs in the Neighborhood Services packets. Approximately ten people attended the meeting. Feedback from residents was generally favorable; however, concerns were expressed that the buildings would potentially be used as sleeping rooms. Though occupancy is not permitted by both the existing text and the California Building Code, language was added to specifically prohibit this use.

6 PZ Zone Text Amendment: Exempt Accessory Buildings and Structures Planning Commission Date: June 19, 2014 Page 4 7) Appeal Procedure: The Planning Commission s action is a recommendation to the City Council. The City Council will consider the matter at a later date. Attachments: A. Resolution (Draft Ordinance as Exhibit A) Prepared by: DS Approved by: CW

7 RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF OXNARD RECOMMEDING TO THE CITY COUNCIL THE ADOPTION OF ZONE TEXT AMENDMENT NO. PZ TO AMEND 16-10, DEFINITIONS, AND , ACCESSORY STRUCTURES, EXEMPTIONS, TO CLARIFY THE DEFINITIONS AND MODIFY HEIGHT, SIZE, AND SETBACKS OF EXEMPT ACCESSORY STRUCTURES AND BUILDINGS. FILED BY CITY OF OXNARD, DEVELOPMENT SERVICES DEPARTMENT, 214 SOUTH C STREET, OXNARD, CA WHEREAS, the Planning Commission of the City of Oxnard has considered zone text amendment PZ No , filed by the City of Oxnard Development Services Department, to amend Chapter 16 of the City Code concerning exempt accessory structures and buildings on residential lots; and WHEREAS, the Planning Commission has held a public hearing on this application; and WHEREAS, the Planning Commission finds that the proposed zone text amendment serves the public interest and general welfare by encouraging the orderly development of small accessory structures and/or buildings on residential lots and providing residents with increased flexibility for the size and placement of small accessory structures and/or buildings; and WHEREAS, the Planning Commission finds that the proposed zone text amendment conforms to the following City of Oxnard 2030 General Plan Goals and Policies: CD-14: Expectations of higher quality design. The proposed zone text amendment conforms to the City of Oxnard 2030 General Plan Goals and Policies since its approval will ensure higher quality design. Consistent with policy CD-14.2, the Development Advisory Committee reviewed the proposed zone text amendment for consistency with the City s development policies and the appropriateness of the project for the proposed site. WHEREAS, Section of Title 14 of the California Code of Regulations exempts the location of limited numbers of new, small facilities or structures from the requirement for the preparation of environmental documents imposed by the State California Environmental Quality Act. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Oxnard hereby recommends to the City Council adoption of the ordinance attached hereto as Exhibit A. PASSED AND ADOPTED by the Planning Commission of the City of Oxnard on this 19th day of June, 2014, by the following vote:

8 Resolution No. Page 2 AYES: NOES: Commissioners: Commissioners: ABSENT: Commissioners: Vincent Stewart, Chairman ATTEST: Chris Williamson, Secretary

9 Resolution No. Page 3 EXHIBIT A CITY COUNCIL OF THE CITY OF OXNARD ORDINANCE NO. ORDINANCE OF THE CITY OF OXNARD, CALIFORNIA, AMENDING CHAPTER 16 (ZONING) OF THE CITY CODE TO REVISE 16-10, DEFINITIONS, AND , ACCESSORY STRUCTURES, EXEMPTIONS, TO CLARIFY THE DEFINITIONS AND MODIFY HEIGHT, SIZE, AND SETBACKS OF EXEMPT ACCESSORY STRUCTURES AND BUILDINGS. FILED BY CITY OF OXNARD, DEVELOPMENT SERVICES DEPARTMENT, 214 SOUTH C STREET, OXNARD, CA WHEREAS, this zone text amendment was prepared to provide residents with more flexibility for the size and placement of accessory structures and buildings on residential lots without the need for a building permit, subject to the proposed criteria for placement and size; and WHEREAS, on June 19, 2014, the Planning Commission conducted a noticed public hearing on the proposed zone text amendment, accepted comments and recommended approval to the City Council; and WHEREAS, on [DATE], the City Council conducted a noticed public hearing on the proposed amendments; and WHEREAS, the City Council finds that the proposed zone text amendment serves the public interest and general welfare by encouraging the orderly development of small accessory structures and/or buildings on residential lots and providing residents with increased flexibility for the size and placement of small accessory structures and/or buildings; and WHEREAS, the City Council finds that the proposed zone text amendment conforms to the following City of Oxnard 2030 General Plan Goals and Policies: CD-14: Expectations of higher quality design. The proposed zone text amendment conforms to the City of Oxnard 2030 General Plan Goals and Policies since its approval will ensure higher quality design. Consistent with policy CD-14.2, the Development Advisory Committee reviewed the proposed zone text amendment for consistency with the City s development policies and the appropriateness of the project for the proposed site. WHEREAS, Section of Title 14 of the California Code of Regulations exempts the location of limited numbers of new, small facilities or structures from the requirement for the preparation of environmental documents imposed by the State California Environmental Quality Act. NOW, THEREFORE, the City Council of the City of Oxnard does ordain as follows:

10 Resolution No. Page 4 Part 1. Section 16-10(A)(1) is amended to read as follows: ACCESSORY BUILDING - Any structure built for the support, shelter, or enclosure of property that is separate from but related, subordinate, and secondary to the main use of the property, such as but not limited to: storage sheds, greenhouses, and garages. Part 2. Section 16-10(A)(3) is amended to read as follows: ACCESSORY STRUCTURE - A man-made object other than ornamental statuary, having a permanent location on the ground and more than six inches above the finished grade that is separate from but related, subordinate, and secondary to the main use of the property, such as but not limited to: patio covers, gazebos, and children s play structures. Part 3. Section is amended to read as follows: SEC ACCESSORY STRUCTURES AND ACCESSORY BUILDINGS, EXEMPTIONS. (A) Accessory structures and accessory buildings shall be allowed in any residential lot zone, notwithstanding other provisions of this chapter, provided they comply with the following standards: 1. The total aggregate floor area of all accessory structures and buildings: one hundred twenty (120) square feet maximum, per lot. three (3) feet. 2. Minimum setback from any property line: 3. Maximum height: Accessory structures or buildings shall not exceed twelve (12) feet, as measured from the average grade within five (5) feet of the accessory structure or building to the highest point of the accessory structure or building. (12) inches. 4. Maximum extension of roof eaves: twelve 5. An accessory structure or buildings may not be located in any required front yard.

11 Resolution No. Page 5 6. With the exception of greenhouses featuring translucent glass panels, exterior siding and roofing shall be made of non-reflective materials. 7. The accessory structure or building is not served by utilities. 8. The accessory structure or building is not attached to, accessed from, nor blocking openings of any other structure or building. 9. The accessory structure or building shall not be located so as to block required clearances around equipment, vents, utilities and similar items. 10. The accessory structure or building meets the criteria set by the California Building Code to be found exempt from permit requirements. 11. The accessory structure or building shall not be occupied for living or sleeping purposes. (B) Accessory structures or buildings not meeting the above standards shall be subject to the provisions of this chapter. Part 4. Within 15 days after passage, the City Clerk shall cause this Ordinance to be published one time in a newspaper of general circulation published and circulated in the City. Ordinance No. was first read on, and finally adopted on, to become effective thirty (30) days thereafter. PASSED AND ADOPTED this day of, by the following vote: AYES: NOES: ABSENT: ATTEST: Tim Flynn, Mayor Daniel Martinez, City Clerk

12 Resolution No. Page 6 APPROVED AS TO FORM: Stephen M. Fischer, Interim City Attorney