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)