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The purpose of this chapter is to allow limited business activity to occur at residence where the business activity is clearly incidental to the primary residential use and will not change the residential character of the neighborhood. It is not the intent of this chapter to override lawful "residential use only" restrictions set forth in the conditions, covenants, and restrictions or similar provisions.

(Ord. No. 528, 2-15-2022)

Terms unique to this chapter are listed in Chapter 17.300 (Glossary of terms).

(Ord. No. 528, 2-15-2022)

Home occupations are allowed as part of any residential use, provided the requirements of this chapter are met.

(Ord. No. 528, 2-15-2022)

A business license from the city is required for any home occupation consistent with the requirements of this Chapter 5.06 (Business license).

(Ord. No. 528, 2-15-2022)

Plan check is required as part of business license review conducted pursuant to Chapter 5.06 (Business license) and Section 17.10.020 (Plan check) and shall be completed by the city planner or his/her designee.

(Ord. No. 528, 2-15-2022)

A.

Examples of types of uses allowed as home occupations. The following list provides examples of types of uses allowed as home occupations. Other uses that are similar to those listed may be approved by the city planner or his or her designee.

1.

Office uses such as an office for a contractor, architect, attorney, consultant, counselor, engineer, insurance agent, planner, tutor, data and/or word processing, electronic commerce.

2.

Private lessons such as academic instruction, music, athletics, swimming, arts and crafts.

3.

Tailoring, sewing, or alterations of clothing.

4.

Art and craft work such as ceramics, flower arranging, jewelry making, painting, sculpting, and photography.

5.

Small furniture repair and restoration.

6.

Other similar uses that demonstrate a low-profile operation with fewer than five customers visiting the business per day.

B.

Examples of types of uses conditionally allowed as home occupations. The following list provides examples of types of uses allowed as home occupations upon issuance of a conditional use permit (CUP) by the decision-making authority. Other uses that are similar to those listed may be considered upon a similar use determination.

1.

Beauty salon/barber shop, massage, physical therapy, personal training.

C.

Examples of prohibited uses. The following is a list of examples of prohibited uses that may not be conducted as home occupations. This is not an exhaustive list of prohibited uses. Other uses similar to those listed may also be prohibited based on similar function or operation.

1.

Ambulance service.

2.

Ammunition reloading, including custom reloading.

3.

Boarding house, bed and breakfast hotel, time share condominium.

4.

Carpentry, cabinet makers.

5.

Ceramics (kiln of six cubic feet or more).

6.

Health salon, gyms, dance studios, aerobic studies.

7.

Medical, dental, chiropractic, clinic.

8.

Mortician, hearse service.

9.

Palm reading, fortune telling.

10.

Private clubs.

11.

Repair, or reconditioning, of automobiles, boats and recreation vehicles.

12.

Restaurants or taverns.

13.

Retail sale from site (except direct distribution and artist originals).

14.

Storage, repair, or reconditioning of motorized vehicles or large equipment on site.

15.

Tattoo service.

16.

Tow truck services.

17.

Veterinary clinic (including boarding).

18.

Welding service.

(Ord. No. 528, 2-15-2022)

It is the intent of the following standards to reduce the impact of the home occupation to the degree that its effects on the neighborhood are undetectable from normal and usual residential activity. These standards shall be incorporated as conditions of the business license for the home occupation. Failure to comply with these standards will result in revocation of the business license.

A.

Number of home occupations. One home occupation is allowed at a home where customers may visit the business. Otherwise, there is no limit on the number of home occupations.

B.

Employees. A home occupation shall have no on-site employees other than the full time residents of the dwelling. Other employees may be employed by the business but they may not report to the home. No more than two full-time residents may be employed at the home occupation.

C.

Habitable floor area. The use of the residential dwelling for the home occupation shall be clearly incidental and subordinate to its use for residential purposes.

D.

Off-site effects. There shall be no mechanical equipment used or operations which create or make dust, odor, vibration, or other effects detectable at the property line of the property in which the home occupation is located.

E.

On-site sales. There shall be no products sold on the premises except artist's originals or products individually made to order on the premises, or as part of electronic commerce.

F.

Products which are not "artist's originals" or "individually made to order" may be constructed on-site, using equipment normally found in a residence; however, these products may only be sold at a permitted commercial location.

G.

Display. There shall be no display of products produced by occupants of the dwelling which are visible in any manner from the outside of the dwelling unit.

H.

Traffic/vehicles. The use shall not generate pedestrian or vehicular traffic beyond that which is normal in a residential district nor in any case require the parking of more than one additional vehicle per hour.

I.

Storage. There shall be no storage of material, products, or supplies out-of-doors.

J.

Exterior appearance. There shall be no remodeling or construction of facilities for the home occupation which changes the external appearance of the residence from a residential to a more commercial appearing structure when viewed from the front of the building. Conversion of a portion of the interior of the structure (e.g., a garage) that does not result in a loss of off-street parking or alter the exterior appearance of the structure may be allowed through issuance of a building permit.

K.

Signs. No signs for the home occupation are permitted.

L.

Visitors and customers. Visitors and customers shall not exceed those normally and reasonably occurring for a residence, including not more than one business visitor per hour and no more than one at any given time. A home occupation may exceed these limits upon approval of a conditional use permit by the decision-making authority.

M.

Hazardous materials. Storage of hazardous materials may only be stored in amounts below the thresholds as established by the local fire department.

N.

Hours of operation. The hours of operation during which customers may visit the occupation shall be between the hours of 7:00 a.m. and 7:00 p.m.

(Ord. No. 528, 2-15-2022)

The city planner or his or her designee may establish reasonable conditions on the operation of any home occupation if necessary to meet the intent of this chapter. These conditions shall be attached to or incorporated in the business license for the home occupation.

(Ord. No. 528, 2-15-2022)

As part of the business license permit application form, applicants for a business license for a home occupation shall indicate if they have consulted any relevant home owners association and/or covenants, convents, and restrictions (CC&Rs) for the business location. The intent of this portion of the application process is to remind home occupation operators that special private regulations for their development may be in effect. Although the city may issue a business license for a home occupation regardless of conflicting CC&Rs for that residence, such home occupation may not be permitted by a home owners association and may subject holder of that business license to fines, penalties, judicial action, or other enforcement proceedings from the home owners association.

(Ord. No. 528, 2-15-2022)

The purpose of this section is to establish procedures for permitting accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) on lots zoned for residential uses, and to implement state law as required for such uses. ADU and JADU are defined in Section 17.310. In accordance with state law, ADUs and JADUs are accessory uses and shall not be counted as an additional dwelling for the purposes of calculating permitted general plan or residential zoning density.

(Ord. No. 528, 2-15-2022)

The provisions of this chapter apply to all lots that are occupied with a residential dwelling unit and to all vacant lots that are zoned for residential development. The addition of an ADU shall not be considered to result in an increase of the allowable density for the lot upon which the ADU is located. When established consistent with the following regulations, an ADU is a use consistent with the general plan and zoning designation for the lot.

(Ord. No. 528, 2-15-2022)

A.

Restrictions. All ADUs and JADUs shall comply with the following regulations:

1.

No ADU or JADU shall be sold or otherwise conveyed separately from the primary residence.

2.

An ADU or JADU may only be rented, leased, and/or occupied for residential purposes. If an ADU or JADU is rented, it shall not be rented for a period of less than 30 consecutive days.

3.

All ADUs and JADUs shall comply with the California Building Standards Code, as amended by the city.

4.

If a fire sprinkler system is required for the primary residence, a fire sprinkler system is also required in any accompanying ADU or JADU.

B.

Design. All ADUs and JADUs shall comply with the following design standards:

1.

ADU Standards.

a.

Location and number of ADUs.

i.

Subject to the requirements in this section, one ADU is permitted on a lot where (1) a single-family or multi-family dwelling is a permitted use, and (2) where there is an existing or proposed single-family or multi-family dwelling.

ii.

One detached ADU and one JADU may be permitted on a property with a proposed or existing single-family dwelling where the requirements of Government Code Section 65852.2(e)(1)(A) and (B) are satisfied.

iii.

One or more ADUs may be permitted on a lot with an existing multi-family dwelling where the requirements of Government Code Section 65852.2(e)(1)(C) or (D) are satisfied. For purposes of this section 17.112.30, "multi-family dwellings" are those that contain more than one dwelling unit, including but not limited to duets, duplexes, triplexes, apartment buildings, and condominium buildings.

(A)

Multiple ADUs may be allowed within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each ADU complies with state building standards for dwellings.

(B)

A minimum of one ADU shall be allowed within an existing multifamily unit and ADUs shall be allowed within an existing multifamily building at up to 25 percent of existing multifamily units.

(C)

Not more than two detached ADUs, which are subject to a height limit of 16 feet and four-foot rear yard and side yard setbacks, may be located on a lot with an existing multifamily dwelling.

iv.

The ADU shall be either attached to, or located within, the proposed or existing primary dwelling, including attached garages, storage areas or similar uses, or an accessory structure or detached from the proposed or existing primary dwelling and shall be located on the same lot as the proposed or existing primary dwelling.

v.

ADUs do not exceed the allowable density for the lot upon which the ADU is located, and ADUs are a residential use that is consistent with the existing general plan and zoning designation for the lots within zones that permit ADUs.

2.

Development standards. Except for those ADUs exempt from obtaining an ADU Permit, as provided in above, ADUs shall comply with the following:

a.

Unit size and height.

i.

An attached ADU shall not exceed 50 percent of the floor area of the existing primary dwelling or 850 square feet, whichever is more.

ii.

A detached ADU shall not exceed 1,200 square feet.

iii.

The maximum height for a detached ADU shall be 16 feet, measured to the roof peak.

iv.

An attached ADU shall comply with the maximum height restriction applicable to the primary dwelling. When more than 50% of the gross floor area of an ADU is located above an existing or proposed garage, the entire combined structure shall not exceed 25 feet in height.

b.

Setbacks.

i.

No setbacks shall be required for conversion of an existing living area or accessory structure into an ADU, or the new construction of an ADU in the same location and to the same dimensions as an existing structure.

ii.

For all other ADUs, the required setback from side and rear lot lines shall be four feet, and the ADU shall conform to the front yard setback regulations applicable to the zoning district in which it is located.

iii.

A detached ADU shall be a minimum of five feet from the primary dwelling, measured from the closest point of the ADU (whether wall, balcony, eave, etc.) to the closest point of the primary dwelling.

c.

ADUs shall comply with the development standards applicable to the zoning district in which they are located, except as modified herein. Where the application of lot coverage, floor area ratio, setbacks, or other development regulations would not permit construction of an 800-square-foot ADU that is 16 feet in height with four-foot side and rear yard setbacks, the regulation(s) at issue shall be waived, to the extent permitted by law, to permit such an ADU.

3.

Architectural review.

a.

An ADU shall have a separate exterior access point independent from the primary dwelling.

b.

Where a proposed ADU will likely be visible from a public street or thoroughfare, design elements shall be used that are similar in materials, color, style, and form to the primary dwelling, including the exterior siding, trim and color, roof materials, and window placement and type. An ADU that will be located behind the primary dwelling and that will not be visible from the public street shall use decorative exterior cladding and window treatments suitable for a permanent residence.

c.

All windows that face a side yard adjoining a side yard of an adjacent property and are located within 15 feet of the shared property line shall be a minimum of 6.5 feet above the finished floor height ("clerestory"), except that this standard does not apply if a structure on the adjacent property does not have any non-clerestory windows on the building elevation that faces the ADU.

d.

Exterior lighting shall be shielded or directed so that it does not glare off-site or illuminate the primary residence or an adjacent property.

e.

All ADUs must have permanent foundations.

f.

No passageway is required for construction of an ADU.

4.

JADU standards.

a.

Subject to the requirements in this section, one JADU is permitted on any property where single-family residential use is a permitted use and there is an existing or proposed single-family dwelling.

b.

The owner of a parcel with a JADU shall occupy as a principal residence either the single-family dwelling or the JADU, except where the owner is another governmental agency, land trust, or housing organization.

c.

Development standards.

i.

JADUs shall comply with the development standards applicable to the zoning district in which they are located, except as modified herein.

ii.

A JADU shall be a minimum of 220 square feet and a maximum of 500 square feet.

iii.

A JADU must be contained entirely within the walls of an existing or proposed single-family dwelling.

iv.

A JADU shall, at a minimum, include an efficiency kitchen meeting the requirements of Government Code Section 65852.22.

v.

A JADU may contain separate sanitation facilities or may share sanitation facilities with the principal dwelling unit. JADUs that share sanitation facilities with the principal dwelling unit are required to maintain an interior connection between the JADU and the primary dwelling.

vi.

Any exterior improvements associated with the development of a JADU shall conform to the zoning regulations applicable to the property.

C.

Covenants and recordation. A covenant, in a form acceptable to the City of Ione, shall be recorded with Amador County, prior to issuance of any building permit for an ADU. Failure to record the covenant shall be grounds for code enforcement action by the city. The purpose of recording the covenant is to ensure that future property owners are made aware of the requirements under which the ADU shall be maintained, including:

1.

A deed restriction shall be recorded that: prohibits the sale of the ADU separate from the sale of the single-family residence; includes a statement that the deed restriction may be enforced against future purchasers; and restricts the size and features of the ADU in accordance with this section.

D.

Utilities and fees. Notwithstanding any other provision of this Code, or any ordinance or resolution of the City of Ione, the development impact fees for an ADU and a JADU shall be applied as follows:

1.

ADUs and JADUs shall be subject to the payment of all water, sewer, or other utility fees, except as otherwise provided in this section or in Government Code Sections 65852.2 and 65852.22.

2.

Except where constructed with a new single-family dwelling, an ADU or JADU that meets the requirements of Government Code Section 65852.2(e)(1)(A) shall not be required to install a new or separate utility connection directly between the ADU/JADU and the utility, and shall not be charged a connection fee or capacity charge.

3.

For any ADU or JADU not exempted under subsection (a) above, the city may require a new or separate utility connection between the ADU/JADU and the utility and may charge a connection fee or capacity charge, at the discretion of the building official. The connection fee or capacity charge shall be proportionate to the burden of the proposed ADU/JADU, based on its square feet or the number of drainage fixture unit (DFU) values, upon the water or sewer system.

4.

An ADU or JADU shall not be considered a new residential use for purposes of calculating connection fees or capacity charges, except where constructed with a new single-family dwelling.

5.

JADUs and ADUs less than 750 square feet shall not be subject to any impact fees. ADUs that are 750 square feet or larger shall be subject to applicable impact fees, charged proportionately in relation to the square footage of the primary dwelling. For purposes of this section, "impact fee" shall have the same meaning as defined in Government Code Section 65852.2(f).

E.

Nonconforming conditions. An ADU or JADU allowed pursuant to this chapter shall be not conditioned or otherwise required to correct existing nonconforming zoning conditions.

F.

Approval. Before constructing an ADU or JADU, an applicant shall obtain necessary permits in accordance with this section. The application for planning review and for a building permit to construct an ADU shall be ministerially approved if the requirements of this code are met.

1.

Projects subject to administrative site plan review.

a.

For all proposed ADUs, an application shall be submitted to the planning division on prescribed forms that demonstrates that the ADU complies with the requirements of this section.

b.

An application for an administrative site plan review permit for an ADU shall be processed and considered ministerially, without discretionary review or a public hearing, consistent with the requirements of this section and state law, within 60 days of submittal of a complete application.

i.

If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay.

ii.

The 60-day review period shall not apply when:

(A)

An ADU permit application is submitted contemporaneously with an application for a single-family or multi-family dwelling that is subject to review under this chapter. The ADU permit application shall be considered separately without discretionary review or a public hearing, following action on the portion of the project subject to separate review.

(B)

The applicant seeks a delay.

c.

In addition to obtaining an ADU permit, the applicant shall be required to obtain a building permit and any other applicable construction-related permits prior to construction of the subject unit.

2.

Projects exempt from obtaining an ADU permit.

a.

An administrative site plan review permit shall not be required if the proposed ADU or JADU meets the requirements of Government Code Section 65852.2(e)(1) and the California Building Standards Code, as amended by the city. Any ADU which does not require an ADU permit may submit a building permit application directly to the building division. The requirements of Government Code Section 65852.2(e)(1) include:

i.

One ADU and one JADU are permitted ministerially per lot with a proposed or existing single-family dwelling if all of the following apply:

(A)

The ADU or JADU is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress.

(B)

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

(C)

The side and rear setbacks are sufficient for fire and safety.

(D)

The JADU complies with the requirements of Government Code Section 65852.22.

ii.

One detached, new construction ADU that meets the following requirements. The ADU may be combined with a JADU described in subparagraph i.

(A)

The ADU is on a lot with a proposed or existing single family dwelling.

(B)

The ADU does not exceed four-foot side and rear yard setbacks for a lot with a proposed or existing single-family dwelling.

(C)

The ADU total floor area does not exceed 800 square feet.

(D)

The ADU is 16 feet in height or less.

iii.

ADUs within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages.

(A)

At least one ADU is allowed within an existing multifamily dwelling and a total number of ADUs that is up to 25 percent of the existing number of dwelling units in the multifamily building shall be allowed.

(B)

Each ADU shall comply with the California Building Standards Code, as adopted by the city.

(C)

Not more than two detached ADUs, that are subject to a height limit of 16 feet and four-foot rear yard and side yard setbacks, shall be located on a lot that has an existing multifamily dwelling.

iv.

Not more than two detached ADUs, that are subject to a height limit of 16 feet and four-foot rear yard and side yard setbacks, shall be located on a lot that has an existing multifamily dwelling.

b.

Any ADU which does not require an ADU permit may submit a building permit application directly to the building division.

3.

Except for ADUs and JADUs that are exempt from obtaining an ADU administrative site plan review permit under subsection (2) above, any building additions or accessory structures located on the parcel that are not in compliance with the City Code of Ione shall be brought into compliance with the City Code prior to approval of an ADU.

4.

The City of Ione shall not issue a certificate of occupancy for an ADU or JADU before issuing a certificate of occupancy for the primary dwelling.

5.

Applications to construct an ADU or JADU on a property that is designated as a historic resource by the City of Ione, the State of California, or by the National Register of Historic Places, shall show substantial compliance with the guidelines of the Secretary of the Interior for development on such a property.

G.

Parking. A minimum of one parking space per ADU or per bedroom, whichever is less, shall be required. These spaces may be provided as tandem parking, may be covered or uncovered, and may be located on an existing driveway if the use of such driveway does not decrease required parking for the primary structure.

1.

Off-street parking shall be permitted within the front yard setback, provided that the parking is setback a minimum of ten feet from the street or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions.

2.

When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or converted to an ADU, the demolished off-street parking spaces are not required to be replaced.

3.

Parking is not required if the ADU is located:

a.

Within one-half mile walking distance of public transit;

b.

Within the City of Ione's downtown residential overlay district;

c.

Where on-street parking permits are required but not offered to the occupant of the ADU;

d.

Where a car-share vehicle is located within one block of the ADU; and/or

e.

Entirely within an existing or proposed primary or accessory structure.

(Ord. No. 528, 2-15-2022)

A.

A proposal to establish an ADU that does not comply with Section 17.112.030 may be permitted with an administrative site plan review, which may be elevated to a discretionary site plan review, at the discretion of the city planner, subject to the required findings of Section 17.112.060.

B.

Any appeal of the city planner's decision shall comply with Section 17.08.060 Appeals.

(Ord. No. 528, 2-15-2022)

This chapter applies to all residential buildings with two or more dwelling units, including buildings that have a mixture of residential and non-residential uses and to all residential structures intended to be occupied by more than one household (including multiple single person households). Single family dwellings are exempt from this chapter.

(Ord. No. 528, 2-15-2022)

The multifamily standards have been developed to establish, objective standards are those that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark.

(Ord. No. 528, 2-15-2022)

Multifamily residential developments must be consistent with each of the standards below:

1.

Neighborhood compatibility.

a.

Residential projects located across the street from single-family neighborhoods shall orient the buildings to the street with individual entries, patio areas and landscaping facing the single-family homes. Parking lot areas and carports shall not be located along single-family neighborhood street frontages. This requirement does not apply to residential projects located across a state route, parkway, arterial, or collector road as identified in the Ione General Plan.

b.

Duplexes, triplexes, and fourplexes abutting single-family neighborhoods shall include either 1) individual ground-level front doors and, if two or more stories, interior stairs or 2) a single exterior entrance with an interior common hallway(s).

c.

A noise assessment shall be conducted by a qualified acoustical engineer. If the project will be exposed to noise levels that exceed the General Plan noise standards identified in Tables 6-1 and 6-2, excluding the subjective language in the footnotes for each table, which require multifamily residential uses to be exposed to no more than: 1) 60 dBA from 7 a.m. to 10 p.m. and 45 dBA from 10 p.m. to 7 a.m. from non-transportation noise sources, and 2) 60 dBA, the project shall include measures to reduce noise levels at outdoor activity areas to 60 dBA or less and interior spaces to 45 dBA or less to meet the city's noise standards. If sound walls are necessary to meet the noise standards, the sound walls shall include an earth berm and landscaping. Walls between buildings shall be extended to create pockets of landscaping or open space in order to avoid long continuous walls for the entire length of a project site.

2.

Building design.

a.

Structures shall have a color palette that consists of at least two body colors and two accent colors (not including roof color). Projects with two or more residential structures shall include a minimum of two color palettes and shall not use a single palette on more than 70 percent of the residential structures. Stone materials shall not be painted.

b.

Affordable units and market rate units in the same development shall be constructed of the same or similar exterior materials and details such that the units are not distinguishable.

c.

Blank walls (facades without doors, windows, articulation of at least one foot, landscaping treatments) shall be less than 20 feet in length along sidewalks, pedestrian walks, or publicly accessible outdoor space areas.

d.

Buildings over three stories must provide a ground floor elevation that is distinctive from the upper stories by providing a material change between the first floor and upper floors along at least 75 percent of the building façade with frontage upon a street, adjacent to a public park, or adjacent to public open space.

e.

Trim surrounds shall be provided at all exterior window and door openings. In lieu of exterior window trim, windows can be recessed from wall plane by a minimum of three inches.

f.

At least two materials shall be used on any building frontage, in addition to glazing and railings. Any one material must comprise at least 20 percent of the building frontage.

g.

A minimum of ⅝ inch thickness is required for panel siding. Battens are required to be incorporated into the design for a board and batt appearance.

3.

Massing/articulation.

a.

Primary building entries shall incorporate a projection (e.g., porch) or recess, or combination of projection and recess at least 48 square feet in area.

b.

A minimum of two of the following design features: balconies, cantilevers, dormers, bay windows, patios, or accent materials that are part of the structure shall be incorporated into each façade of each project building.

c.

A minimum one-foot offset is required for any wall plane that exceeds 30 feet in length.

d.

Buildings over three stories tall shall have major massing breaks at least every 100 feet along any street frontage, adjacent public park, publicly accessible outdoor space, or designated open space, through the use of varying setbacks and/or building entries. Major breaks shall be a minimum of 30 inches deep and four feet wide and extend the full height of the building.

e.

Buildings shall have minor massing breaks at least every 50 feet along the street frontage, through the use of varying setbacks, building entries and recesses, or structural bays. Minor breaks shall be a minimum of 12 inches deep and four feet wide and extend the full height of the building.

f.

Rooflines shall be vertically articulated at least every 50 feet along the street frontage, through the use of architectural elements such as parapets, varying cornices, reveals, clerestory windows, and varying roof height and/or form.

4.

Outdoor/common space.

a.

Each multifamily unit shall have a minimum of 100 square feet of private outdoor space directly adjacent to the unit. For the purposes of this standard, private outdoor space is defined as outdoor space that is usable and accessible only to the building residents and their visitors, but not to the general public.

b.

Common useable open space at a minimum of 180 square feet of common usable open space per unit is required for all multifamily projects with more than four units.

c.

A minimum of 30 percent of the common usable open space shall be provided as a landscaped green area or garden, a minimum of 50 percent shall be provided as recreation area, and the remaining 20 percent may be landscaped open space, recreation area, or hardscape.

d.

Outdoor seating shall be provided within common usable open space areas and near the entry to laundry facilities.

e.

Multifamily developments (except senior restricted multifamily developments) exceeding 22 bedroom units and with less than 100 units shall have two outdoor areas, one for adults and one for a child play area that includes recreation equipment for children five years and under. For the purpose of this standard, adult open space is not required to include recreational equipment, but does include tables with seating.

f.

Multifamily developments (except senior restricted multifamily developments) exceeding 100 units shall have three open space areas, one for adults, one for children that includes a sports play area and recreational equipment for children six to 13, and one for younger children that includes recreation equipment for children five years and under. For the purpose of this standard, adult open space is not required to include recreational equipment, but does include tables with seating.

g.

Each play area for children must be visible from as many units as possible and at least eight units and shall be separated from traffic. Benches or picnic tables for adults that are accompanying younger children shall be provided.

h.

Recreation areas shall be at least 50 percent shaded. Shading can include shade fixtures or shade trees that will grow to a height of at least 20 feet within five years of planting.

i.

Developments with more than 20 units shall provide at last one public art amenity, such as a sculpture, fountain, or kiosk, that is visible from the adjacent public right-of-way and is adjacent a sidewalk or pedestrian pathway.

5.

Site design.

a.

When dwelling units are abutting open space areas, a minimum of one window from each dwelling shall be located to overlook common area.

b.

Garages and carports shall utilize the same color palette and shall be designed to include a minimum of two of the following from the main building(s): materials, detailing, and roof materials.

c.

Controlled entrances to parking facilities (gates, doors, etc.) shall be located a minimum of 18 feet from the back of sidewalk, in order to accommodate one vehicle entering the facility.

e.

Where bicycle parking is not visible from the street, directional signage shall be included at the main building entrance.

f.

Parking areas, covered and uncovered, shall be screened from public street frontages. Screening may be accomplished through building placement, landscaping, a planted earth berm, planted fencing, topography, or some combination of the above. Landscaping used for screening purposes shall be no less than 15 feet wide (from the back of sidewalk or street curb to the parking lot paving, whichever is greater) and no less than four feet tall.

6.

Accessory elements.

a.

Perimeter fencing utilized along public street shall be constructed of decorative iron, pre-painted welded steel, Trex (or similar product), or wood picket material.

b.

The height of solid fencing between private yards and common open spaces, when such private yards and common open spaces are located in the interior of a single parcel, shall be limited to either 1) 4.5 feet in height, or 2) up to six feet in height provided that the top 18 inches provide at least 50 percent open area.

c.

Roof top equipment shall be screened from visibility. The point of view for determining visibility shall be five feet above grade at a distance of 200 feet. If the roof structure does not provide this screening, an equipment screen shall be included in the design.

d.

Exterior trash, recycling, and storage utility boxes, wood service poles, electric and gas meters, fire sprinkler valves and backflow preventers and transformers shall be screened.

7.

Refuse containers.

a.

Four units or less may be served by individual garbage containers. When individual garbage cans are used, they must either fit in the garage (without encroaching into required parking area) or into a screening enclosure.

b.

When there are five units or more, dumpsters for garbage collection shall be provided within a screening enclosure.

c.

When dumpsters are to be used, designers shall coordinate with the refuse pickup provider to determine the size and number of dumpsters required. A rule of thumb is to allow for between 30 and 90 gallons per unit per week, depending on size of the unit.

d.

All dumpsters shall be shielded within an enclosure a minimum of six feet tall. Allow adequate size to accommodate the needed dumpsters and recycling containers. All enclosures and gates should be designed to withstand heavy use. Provide wheel stops or curbs to prevent dumpsters from banging into walls of enclosure.

e.

Allowances shall be provided within the enclosure for stacking recycling crates (in small projects) and recycling dumpsters (in large projects)

f.

An entry shall be provided so that pedestrians can access the dumpsters without opening the large gates.

g.

Lighting shall be provided at trash enclosures for night time security and ease of use.

h.

Dumpster enclosures shall be located so that no dwelling is closer than 20 feet (including those on abutting properties) or more than 100 feet from an enclosure. No minimum distance from dwellings is required if dumpsters are located within a fully enclosed room.

8.

Natural resources.

a.

A biological resources assessment, including special-status species survey, shall be conducted by a qualified biologist and shall identify special-status species with potential to occur in the vicinity (within ¼-mile of the project site) and on the project site, sensitive habitats located on or adjacent to the project site, including wetlands, riparian areas, oak woodlands, wildlife habitat, and habitat of significant value present on the project site.

b.

The project shall avoid habitat for special-status species, wetlands, riparian areas, oak woodlands, and habitat of significant value (collectively referred to as "sensitive habitats") present on the project site and shall provide a minimum of a 100-foot buffer from sensitive habitats, unless a reduced buffer that is not less than 25 feet is determined to be adequate to protect such resources by the qualified biologist. No ground disturbance shall occur within the buffer area and the area within the buffer shall be permanent open space. If avoidance of sensitive habitats would result in a density that is less than the allowed maximum density identified for the zone in Table 17.22.040-1 or Table 17.24.040-1, then the project may protect comparable sensitive habitats at a two-to-one ratio within one-and-a-half (1.5 miles) of the site or purchase credits for comparable sensitive habitats at a mitigation bank at a two-to-one ratio within ½ miles of the site.

c.

If special-habitat species occur on the site or have the potential to occur on the site, as determined by a qualified biologist, the qualified biologist shall identify adequate measures consistent with mitigation recommended by resource agencies (i.e., U.S. Fish and Wildlife Service, California Department of Fish and Wildlife) to avoid impacts to special-status species during any ground-disturbing and construction activities and the project shall implement such measures.

9.

Cultural resources.

a.

A cultural sources assessment, including site survey, shall be conducted by a qualified archaeologist and shall identify the potential for cultural resources on the project site.

b.

If significant cultural resources, or the potential for significant cultural resources, are identified, the project shall avoid such cultural resources and shall provide a minimum of a 100-foot buffer from significant cultural resources, unless a reduced buffer that is not less than 25 feet is determined to be adequate to protect such resources by the qualified archaeologist or measures, such as capping the resource or relocation of the resources to permanent open space, are identified as adequate to preserve the significance of significant cultural resources. No ground disturbance shall occur within the buffer area and the area within the buffer shall be permanent open space.

11.

Water infrastructure and capacity. Projects shall provide a letter from the water provider that demonstrates there will be adequate infrastructure and capacity to serve the project prior to issuance of building permits.

12.

Sewer infrastructure and capacity. Projects shall provide a letter from the sewer provider that demonstrates there will be adequate infrastructure and capacity to serve the project prior to issuance of building permits.

13.

Street standards. The project shall improve public streets consistent with the requirements of Chapter 12.08, Street Construction Standards.

14.

Additional objective standards. Projects subject to this chapter must comply with all other applicable objective standards within the general plan, any applicable specific plans, the Municipal Code, including but not limited to, Title 12 (Streets, Sidewalks and Public Places), Title 13 (Public Services), Title 15 (Buildings and Construction), and this Title 17 (Zoning Code), and all other regulations, as may be amended from time to time, unless otherwise superseded by state law.

15.

Downtown master plan.

a.

Projects subject to the downtown master plan shall comply with the requirements of the downtown master plan where the downtown master plan establishes objective standards that conflict with the requirements of this chapter.

b.

If the downtown master plan establishes subjective standards for a specific topic, then the standards provided in this chapter for such topic shall apply.

c.

If the downtown master plan does not establish standards for topics addressed in this chapter, then the standards provided in this chapter related to such topics shall apply.

D.

Exceptions to the standards identified in paragraph C shall require a discretionary site plan review.

(Ord. No. 528, 2-15-2022)

Manufactured homes certified under the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. Secs. 5401 et seq.) shall be permitted on a permanent foundation in all zones that allow a single family home, subject to the following development standards:

A.

The manufactured home meets all other development standards of this title that apply to a single family dwelling in the same zone, including any siting standards, setback and yard requirements, standards for enclosures, access, and vehicle parking, and aesthetic requirements;

B.

Is covered with a non-combustible exterior material customarily used on new site-built single family dwellings in the city. The exterior covering material shall extend to the ground, except that when a solid concrete or masonry perimeter foundation is used, the exterior covering material used need not extend below the top of the foundation;

C.

Have a roof with a pitch of not less than three-inch vertical rise for each 12 inches of horizontal run and consisting of shingles or other material customarily used for site-built single family dwellings in the city.

D.

All roofs shall include roof overhangs of not less than one foot measured from the vertical side of the manufactured home, except where the location of attached structures, such as carports, garages, porches or similar structures precludes the continuation of the overhang.

E.

No manufactured housing unit constructed more than ten years prior to the date of application for installation shall be allowed within any residential district.

(Ord. No. 528, 2-15-2022)

Employee housing providing accommodations for six or fewer employees shall be deemed a dwelling and shall be subject to the permit requirements and development standards and regulations for a family dwelling of the same type in the same zone, as provided by California Health and Safety Code Section 17021.5.

(Ord. No. 528, 2-15-2022)

A.

Agricultural employee housing consisting of no more than 36 beds in a group quarters or 12 units or spaces designed for use by a single family or household is deemed an agricultural land use, pursuant to California Health and Safety Code Section 17021.6, as amended.

B.

No conditional use permit, zoning variance, or other discretionary zoning clearance shall be required of agricultural employee housing, as described in Subsection A, that is not required of any other agricultural activity in the same zone.

C.

The permitted occupancy of agricultural employee housing in any zone allowing agricultural uses includes agricultural employees who do not work on the property where the employee housing is located.

D.

Agricultural employee housing that meets the requirements of California Health and Safety Code Section 17021.8 shall be processed with a streamlined ministerial permit, consistent with the requirements of state law.

(Ord. No. 528, 2-15-2022)

A.

Emergency shelters are allowed in the R-4 zone with a conditional use permit and in the M-1 and M-2 zones through administrative site plan review.

B.

Emergency shelters are allowed as an accessory use ancillary to churches and places of worship with an administrative site plan review.

C.

Where allowed, emergency shelters are subject to the standards that apply to residential or commercial development in the same zone and are also subject to the following requirements:

1.

Capacity. The facility shall not exceed a maximum of 40 persons served nightly.

2.

Parking. Parking shall be provided to accommodate all staff working in the emergency shelter, provided that the parking requirement does not exceed the parking requirement for other residential or commercial uses within the same zone.

3.

Size and location of exterior and interior onsite waiting areas. The facility shall provide exterior client waiting areas at a ratio of not less than 15 square feet per client and shall provide interior client waiting areas at a ratio of not less than 15 square feet per client. The exterior waiting area shall not be located adjacent to the public right-of-way, shall be located behind a minimum six-foot-tall mature landscaping or a minimum six-foot-tall decorative masonry wall that separates the waiting area from public view, and shall be located in an area with provisions for shade protection and rain protection.

4.

Size of intake areas. The facility shall provide an intake area of a minimum of 200 square feet.

5.

Onsite management and security. The facility shall provide on-site management 24 hours and shall provide on-site security for all hours that the emergency shelter is in operation, including all times that staff is present. A management plan shall be submitted detailing how the shelter will provide onsite management and security.

6.

Proximity. The emergency shelter shall be at least 300 feet from any other emergency shelter.

7.

Length of stay. The maximum length of stay at the facility shall not exceed 120 days in a 365-day period.

8.

Lighting. Adequate exterior lighting shall be provided for security purposes. The lighting shall be stationary and shielded/downlit away from adjacent properties and public rights-of-way.

(Ord. No. 531, § 3(Exh. A), 2-7-2023; Ord. No. 528, 2-15-2022)

A.

Transitional and supportive housing shall be permitted consistent with the requirements of Government Code Section 65650 through 65656, as amended.

B.

Supportive housing shall be permitted by right in zones where multifamily and mixed uses are permitted, if the supportive housing project satisfies all of the requirements of Government Code Section 65651 paragraphs (a) and (b), as amended.

C.

If the supportive housing development that is permitted by right in zones allowing multifamily and mixed uses is located within one-half mile of a public transit stop, there is no minimum parking requirement for the units occupied by supportive housing residents.

(Ord. No. 531, § 4(Exh. A), 2-7-2023; Ord. No. 528, 2-15-2022)

A.

Low barrier navigation centers shall be permitted consistent with the requirements of California Government Code Section 65660 through 65668, as amended.

B.

A low barrier navigation center shall be permitted by right in areas zoned for mixed use and nonresidential zones that permit multifamily uses, subject to the requirements of state law. A low barrier navigation center shall meet the requirements of Government Code Section 65662, as amended, which include:

1.

It offers services to connect people to permanent housing through a services plan that identifies services staffing.

2.

It is linked to a coordinated entry system, which means a centralized or coordinated assessment system developed pursuant to Section 576.400(d) or Section 578.7(a)(8), as applicable, of Title 24 of the Code of Federal Regulations, as those sections read on January 1, 2020, and any related requirements, designed to coordinate program participant intake, assessment, and referrals, so that staff in the interim facility or staff who colocate in the facility may conduct assessments and provide services to connect people to permanent housing.

3.

It complies with Chapter 6.5 (commencing with Section 8255) of Division 8 of the California Welfare and Institutions Code.

4.

It has a system for entering information regarding client stays, client demographics, client income, and exit destination through the local homeless management information system as defined by Section 578.3 of Title 24 of the Code of Federal Regulations.

C.

Within 30 days of receipt of an application for a low barrier navigation center development, the local jurisdiction shall notify a developer whether the developer's application is complete pursuant to California Government Code Section 65943. Within 60 days of receipt of a completed application for a low barrier navigation center development, the local jurisdiction shall act upon its review of the application.

D.

This section shall remain in effect only until January 1, 2027, or specified later date if amended by Government Code Section 65560 through 65568, and as of that date shall be repealed.

(Ord. No. 528, 2-15-2022)

This chapter establishes standards to accommodate projects proposing a duplex or two single family units in single family zones pursuant to requirements of state law.

(Ord. No. 528, 2-15-2022)

A proposed housing development containing no more than two residential dwellings within a single family residential zone (the R-1a, R-1b, and R-1c zones) shall be considered ministerially through the streamlined ministerial permit process if the proposed housing development meets all of the following requirements:

A.

The parcel satisfies the requirements of requirements specified in paragraph (6) of subdivision (a) of California Government Code Section 65913.4.

B.

The proposed housing development would not require demolition or alteration of any of the following types of housing:

1.

Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.

2.

Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power.

3.

Housing that has been occupied by a tenant in the last three years.

C.

The parcel subject to the proposed housing development is not a parcel on which an owner of residential real property has exercised the owner's rights under Chapter 12.75 (commencing with California Government Code Section 7060) of Division 7 of California Government Code Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.

D.

The proposed housing development does not allow the demolition of more than 25 percent of the existing exterior structural walls, unless the housing development unless the site has not been occupied by a tenant in the last three years.

E.

The development is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city landmark or historic property or district pursuant to a city ordinance.

(Ord. No. 528, 2-15-2022)

A.

Notwithstanding any local law and except as provided in paragraphs (1) and (2), the project shall comply with all applicable objective zoning standards and requirements, including but not limited to Chapter 17.114 if the project proposes two multifamily units.

1.

Zoning and subdivision standards would have the effect of physically precluding the construction of up to two units or that would physically preclude either of the two units from being at least 800 square feet in floor area shall not be applied, except that a setback of four feet from the side and rear lot lines shall be required.

2.

No setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure.

B.

Unit size. One of the two units developed pursuant to this Section shall not exceed 800 square feet in size.

C.

Parking. Parking shall be provided at one space per unit, except that parking requirements shall not be imposed in either of the following instances:

1.

The parcel is located within one-half mile walking distance of either a high-quality transit corridor, as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop, as defined in Section 21064.3 of the Public Resources Code.

2.

There is a car share vehicle located within one block of the parcel.

D.

Rental term. A rental of any unit created pursuant to this chapter shall be for a term longer than 30 consecutive days.

E.

Accessory dwelling unit. Notwithstanding Government Code Section 65852.2 or 65852.22, an accessory dwelling unit or a junior accessory dwelling unit shall not be permitted on parcels that use both the authority contained within Government Code Section 65852.21 and the authority contained in Section 66411.7.

(Ord. No. 528, 2-15-2022)

A.

A housing development project proposed under this chapter may be denied only if the building official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of California Government Code Section 65589.5, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

B.

An application submitted under this chapter shall not be rejected or denied solely because it proposes adjacent or connected structures provided that the structures meet building code safety standards and are sufficient to allow separate conveyance.

(Ord. No. 528, 2-15-2022)

The purpose of this chapter is to implement Government Code Sections 65915 through 65918. In enacting this chapter, it is the intent of the city council to facilitate the development of housing affordable to very low, low, and moderate income households and senior citizens and to implement the goals and policies of the city's general plan housing element.

(Ord. No. 528, 2-15-2022)

A.

Density bonuses and incentives shall be offered by the city pursuant to the provisions of Government Code Chapter 4.3.

B.

Parking ratios shall be allowed for affordable housing pursuant to the provisions of Government Code Chapter 4.3.

C.

These density bonus and incentives provisions shall be understood to be amended by operation of law in the event and to the extent the state density bonus and other incentives law is amended.

(Ord. No. 528, 2-15-2022)

A.

Process for approval. The density bonus and incentive(s) and concession(s) request shall be considered in conjunction with any necessary development entitlements for the project. The decision-making authority for density bonuses, incentives, and concessions, shall be the city council. In approving the density bonus and any related incentives or concessions, the city and applicant shall enter into a density bonus agreement. The form and content of the density bonus agreement shall be determined by the city.

B.

Approval of density bonus required. The city shall grant the density bonus requested by the applicant provided it is consistent with the provisions of this chapter and state law.

C.

Approval of incentives or concessions required unless denial findings made. The city shall grant the incentive(s) and concession(s) requested by the applicant unless the city makes a written finding, based upon substantial evidence, of either of the following:

1.

The incentive or concession is not required in order to provide for affordable housing costs or affordable rent for the target units.

2.

The incentive or concession would have a specific adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5 of the California Government Code, upon public health and safety or physical environment or on any real property that is listed in the California Register of Historical Resources and for which the city determines there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low and moderate income households.

3.

The concession or incentive would be contrary to state or federal law.

(Ord. No. 528, 2-15-2022)

A.

A family day care home that meets either the small family day care home definition as defined by California Health and Safety Code Section 1596.78(a) or the large family day care home definition as defined by California Health and Safety Code Section 1596.78(b) is a residential use of property and shall be subject to the same standards, including permitting requirements, that apply to residences of the same type in the same zone as the family day care home.

B.

A family day care home includes a detached single family dwelling, a townhouse, a dwelling unit within a dwelling, or a dwelling unit within a covered multifamily dwelling in which the underlying zoning allows for residential uses.

(Ord. No. 528, 2-15-2022)