The purpose of this chapter is to provide regulations and criteria for the establishment and location of accessory dwelling units in compliance with Government Code Sections 65852.2 and 65852.22. This Section establishes standards for the development and operation of accessory dwelling units, previously known as secondary residential units and hereafter referred to as "ADUs." All accessory dwelling units (ADU) and junior accessory dwelling units (JADU) approved by this Section are deemed to not exceed the allowable density for the lot upon which the accessory dwelling unit is located, and accessory and junior accessory dwelling units are a residential use that is consistent with the existing general plan and zoning designations for the lot.

(Ord. 757 § 2, (part), 2003.; Repealed & Replaced by Ord. 897 on 10/3/2022)

Accessory dwelling units (ADUs) are allowed in all zoning districts that allow single- family and multifamily dwelling residential subject to compliance with the development standards of the underlying zoning district for the primary dwelling and the requirements of this Section. If a conflict arises between the general development standards of the property's zone district and the development standards applicable to ADUs, the development standards of this Section shall supersede any conflicting development standard.

(Ord. 757 § 2, (part), 2003.; Repealed & Replaced by Ord. 897 on 10/3/2022)

A.

Attached ADU. An attached ADU is within or directly connected to an existing or proposed primary dwelling or its attached garage, having a wall and/or other conditioned space in common. This can include remodeling an existing permitted living space into an ADU, converting existing non-living space into an ADU, adding square footage or an additional floor to the primary dwelling or its attached garage to create an ADU.

B.

Detached ADU. A detached ADU is physically separated from an existing or proposed primary dwelling and its attached garage, not sharing a common wall or other conditioned space. This includes converting an existing detached legally constructed structure into an ADU, adding square footage or an additional floor to an existing detached structure to create an ADU, or constructing a new detached structure to create an ADU.

C.

Junior ADU (JADU). A JADUs is a smaller type of attached dwelling unit that is no more than 500 square feet in size. Standards for JADUs are described in Subsection 17.55.100 below.

(Ord. 757 § 2, (part), 2003.; Repealed & Replaced by Ord. 897 on 10/3/2022)

An ADU that conforms to the development standards in this Section is deemed to be an accessory use and/or an accessory structure and will not be considered to exceed the allowable density for the lot upon which it is located.

A.

Single-family parcels. One accessory dwelling unit (attached or detached) and one junior accessory dwelling unit (JADU) shall be permitted on a legal parcel developed with one single-family dwelling. An ADU and/or JADU may be developed concurrently with a new single-family dwelling; however, final occupancy of the ADU/JADU shall not be issued prior to final occupancy of the new main dwelling.

B.

Multifamily parcels. JADUs are prohibited on multifamily lots. On a lot with existing multifamily dwellings, the property owner of the underlying parcel may choose one of the following methods to create ADUs:

1.

Detached ADUs. Up to two detached ADUs shall be permitted with 16- foot height limits and 4-foot rear and side yard setbacks.

2.

Converted ADUs. Converted ADUs within portions of existing multifamily dwelling structures that are not used as livable space (e.g., storage rooms, boiler rooms, passageways, attics, basements, attached garages) shall be permitted; the number of converted ADUs permitted shall be one unit per existing multifamily development or up to 25 percent of the existing unit count in the building, whichever is greater.

(Ord. 757 § 2, (part), 2003.; Repealed & Replaced by Ord. 897 on 10/3/2022)

The following four categories of ADUs shall not be subject to lot coverage, setbacks, and structure height zoning and development standards. However, ADUs under this subdivision must meet the building code and health and safety requirements. The four categories of ADUs under subdivision (E) are:

A.

Single-family parcels. One ADU and one JADU are permitted per lot within the existing or proposed space of a single-family dwelling, or an ADU within an existing legally constructed accessory structure, that meets specified requirements such as exterior access and setbacks for fire and safety, or

B.

Single-family parcels. One detached new construction ADU that does not exceed four-foot side and rear yard setbacks. This ADU may be combined on the same lot with a JADU and have a maximum unit size requirement of 800 square feet and a height limitation of 16 feet.

C.

Multifamily parcels. Multiple ADUs within the portions of multifamily structures that are not used as livable space. Local agencies must allow at least one of these types of ADUs, or up to 25 percent of the existing multifamily dwelling units within a structure, or

D.

Multifamily parcels. Up to two detached ADUs on a lot that has existing multifamily dwellings that are subject to height limits of 16 feet and 4-foot rear and side yard setbacks.

The four categories above cannot be combined on one parcel.

E.

Deviations for state exempt ADUs. A detached, new construction ADU that has both a maximum gross floor area of 800 square feet and a maximum height of 16 feet from natural grade shall be permitted with the deviations to general development standards below.

1.

Setback reductions. This category of smaller ADU, including eaves, is permitted to be constructed with reduced side and rear yard setbacks, no closer than 4 feet to the side and/or rear property lines. ADUs within the reduced side and/or rear yard setbacks shall comply with (E)(1) and (E)(2) below.

2.

Roof design and materials. The pitch of any portion of the roof within the reduced setback shall not be directed toward the side or rear property line, or the structure shall have a non-shedding roof material and/or snow retention mechanism for the life of the structure. This shall apply to roofs within setback areas to address snow-related issues associated with life safety, structural integrity, and property damage prevention.

3.

Deviations to development standards. This category of smaller ADU is permitted to deviate from the site coverage and other development standards applicable to the property. Any deviation(s) shall be the minimum necessary to accommodate the floor area of the ADU living space, not to exceed an 800-square-foot ADU.

(Ord. 757 § 2, (part), 2003.; Repealed & Replaced by Ord. 897 on 10/3/2022)

A.

Development envelopes and easements. For ADUs constructed on lots where the recorded subdivision map established development/building envelopes and/or where there are recorded easements on the property, the building envelope and easement restrictions shall take precedence over any setback reductions provided within Subsection D,3 (Size limits, setbacks, and standards) below.

B.

Proximity. A new construction, detached ADU shall be located within 100 feet of the main dwelling, unless a greater distance is determined to be necessary by the Director to avoid on-site septic systems, water supply systems, geographic constraints, and/or environmentally sensitive areas.

C.

Size limits, setbacks, and standards. ADU size (i.e., floor area and height), setbacks, and development standards are directly correlated, therefore they are combined in this Subsection (Size limits, setbacks, and standards). Where side yard setback reductions are allowed in this Subsection, these reductions do not apply to street-side setbacks on corner lots. Additionally, on a corner lot, both lot lines facing streets are front lot lines and subject to setback requirements under Section 17.40.015.

1.

Standard ADUs.

a.

Standard maximum floor area.

Multifamily Parcels. The gross floor area of a standard attached or detached ADU shall not exceed 1,000 square feet.

Single-family parcels. The gross floor area for a new detached Standard ADU shall not exceed 1,200 square feet. The maximum square footage for attached accessory dwelling units shall be no larger than 50 percent of the floor area of the existing primary dwelling or a maximum of 1,000 square feet.

b.

ADU garage size. If a garage for an ADU is proposed, it shall not exceed 500 square feet, shall comply with all general development standards applicable to garages, including site coverage.

c.

Setbacks and height. All standard ADU structures shall comply with the side, rear, and front setbacks, and height limits applicable to the property's zone district.

d.

Other development standards. Standard ADUs shall comply with all other general development standards applicable to the main dwelling, including site coverage, unless an exception is provided elsewhere in this Subsection C (Size limits, setbacks, and standards).

2.

Conversion ADUs. An existing legally constructed portion of a single- family dwelling or residential accessory structure that is converted to or replaced with an ADU shall not be required to meet additional setbacks beyond those that were required at the time the original structure was built. For replacements, if the structure is partially or completely demolished and replaced with a structure for a new ADU, the replacement structure shall be in the same location and shall not exceed the dimensions of the original structure, including footprint, floor area, and height, except as permitted below. The maximum gross floor area of the ADU portion of a converted or replaced structure shall not exceed the size limitations of Paragraph C,1,a (Standard maximum floor area) and the remainder may be used for other residential accessory uses.

a.

Roof modifications. If the converted or replaced structure is within the standard setbacks applicable to the main dwelling, and if substantial modifications are proposed to the existing roof design or surface/material as a part of the ADU creation, the modifications shall comply with Subparagraph C,2,b (Roof design and material).

b.

Expansions of conversion ADUs. If a conversion ADU is less than the maximum allowable floor area for an ADU, an expansion/addition may be approved; however, any expansions shall be subject to the standard unit size, height limit, setbacks, site coverage, floor area ratio, open space, and other development standards that would be applicable to a new standard ADU.

c.

Ingress/Egress for conversions. In addition to any expansion allowed under Subparagraph C,3,b (Expansions of conversion ADUs), a conversion ADU may include an expansion of the existing structure up to 150 square feet for the purpose of accommodating ingress and egress to/from the ADU. This is permitted only for space that is unconditioned and not fully enclosed (e.g., front porch, covered stairway, breezeway, wheelchair ramp). This space is allowed to deviate from site coverage, floor area ratio, and open space standards applicable to the property up to 150 square feet, and, if relevant, may be used in addition to the deviations permitted for smaller ADUs in Subparagraph C,2 (Deviations to development standards.)

(1)

Setbacks for ingress/egress. A new ingress/egress feature for a conversion ADU shall meet applicable setbacks for fire safety and the property's zone district and shall not extend further into standard front, rear, or side yard setbacks than the walls of the conversion ADU.

3.

Minimum floor area. A minimum floor area of 150 square feet is required for all ADUs.

4.

Solar panels. All newly (new construction) constructed detached ADU's will require solar panels.

5.

Parking and driveways.

a.

Parking standard. One on-site parking space shall be provided for each ADU, in addition to any parking required for the main dwelling unit, unless an exemption is provided below:

b.

Parking location. The City of Sonora finds that due to Sonora's high fire risk, and the necessity to provide adequate maneuverability to accommodate emergency response vehicles, required parking for all new ADUs and JADUs and any required replacement parking for the main dwelling on parcels located within a State designated Very High or High Fire Severity Zone shall meet the following criteria:

(1)

All required parking shall be provided for on the parcel and not on a public Right-of-Way; and

(2)

No required parking shall be located within five feet of any property line; and

(3)

Unless otherwise restricted by the above requirements, tandem parking and/or parking within setback areas is permitted.

c.

Parking exemptions. The one on-site parking space for ADUs, located outside of a State designated Very High or High Fire Severity Zone, shall not be required if any of the following situations apply:

(1)

The ADU is located within a half mile walking distance of a public transit stop;

(2)

The ADU is located within an architecturally and historically significant historic district;

(3)

The ADU is part of an existing or proposed primary residence or an existing accessory structure; or

(4)

When on-street parking permits are required but not offered to the occupant of the ADU.

(5)

A car share vehicle station is located within one block of the ADU.

d.

Replacement parking exemption. When a legally constructed garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or is converted to an ADU, replacement parking for the main dwelling is not required if the parcel is located outside of a State designated Very High or High Severity Zone. This exemption does not apply to multifamily parcels.

e.

On-street parking restriction. Nothing within Subsection E (Parking and driveways), including the exemptions, shall be deemed to permit on-street parking during any time when such parking is prohibited.

f.

Shared driveway. An ADU shall be served by the same driveway encroachment as the main dwelling unit. A second driveway for an ADU will be permitted only if all of the following standards are met: 1) The ADU is located on a corner lot or through lot where the ADU will be accessed from a street other than the street providing access to the primary residence, or the ADU is on a lot with road frontage exceeding 150 lineal feet; 2) the proposal shall demonstrate compliance with the maximum allowable site coverage applicable to the property; and 3) the proposal shall comply with all other applicable Development Code standards and Public Improvement and Engineering Standards for single- family driveways and required off-street parking locations, except as modified within Subsection E (Parking and driveways).

(Ord. 757 § 2, (part), 2003.; Repealed & Replaced by Ord. 897 on 10/3/2022)

A.

ADU entrance. The ADU shall have an exterior entrance separate from the main entrance to the proposed or existing main dwelling; this egress/entrance shall include a continuous and unobstructed path of travel to/from the public way. Additionally, the ADU may share with the main dwelling and/or JADU a single interior entryway (e.g., airlock, mudroom) not to exceed 80 square feet that provides direct, private access to each unit; however, in no case shall the primary entrance to the ADU be through the main dwelling living area, JADU, garage, or other interior space. A shared entryway is considered part of the main dwelling and is subject to general development standards applicable to the main dwelling, including setbacks, height limit, site coverage, floor area ratio, and open space.

B.

Interior access. Interior access between the ADU and the main dwelling, attached or detached garage for the main dwelling, and/or other residential accessory structures shall be allowed, in compliance with all applicable California Building Standards Code requirements, as adopted by the City of Sonora. If interior access is proposed, the tenant of the ADU shall be able to lock the shared door from the interior of the ADU for privacy.

C.

Kitchen or cooking facilities. An ADU shall include a permanent kitchen or cooking facility, consistent with the Development Code definition of a kitchen (Section 18.220.020.K, Kitchen or Cooking Facilities, Residential). At a minimum, an ADU kitchen shall include the following equipment:

1.

Cooking facilities (i.e., a standalone cooking appliance with at least two burners that is connected to a gas stub or 220 electric volt outlet; does not include portable cooking accessories such as hot plates and other temporary heat sources);

2.

A refrigerator (no minimum size); and

3.

A sink for dishwashing and sanitation purposes.

D.

ADU historic design standards. Exterior changes/additions to the building shall not affect the building's historic integrity and shall be compatible with its historic design features.

E.

Design Review. ADUs are not subject to design review as required under Sonora Municipal Code Chapter 17.32, however, a staff level design review will be conducted for compatibility with existing structures on the parcel.

(Adopted by Ord. 897 on 10/3/2022)

Owner occupancy is not required for the creation of an ADU. Short term rentals of ADUs are subject to the requirements under Chapter 17.64 (Transient Use Permit).

A.

Sale of unit prohibited. No ADU shall be subdivided from the main dwelling through a condominium plan, community apartment plan, housing cooperative, or other subdivision. The sale or conveyance of an ADU independent and/or separate from the main dwelling shall be prohibited.

B.

Building code requirements. Except as otherwise provided in this chapter, ADUs and JADUs shall comply with all uniform building codes adopted, and all other applicable laws, rules, and regulations. An accessory dwelling unit may consist of manufactured housing if such housing is permitted in the district in which it is proposed to be located and meets the standards for such housing. Each ADU and JADU shall obtain a building permit from the City of Sonora and shall be constructed in compliance with all applicable California Building Standards Code requirements, as adopted by the City of Sonora.

C.

Fire sprinklers. ADUs and JADUs are not required to provide fire sprinklers if sprinklers are not required for the primary dwelling unit.

D.

Fire Safety Setbacks. The minimum distance between detached buildings on the same parcel is ten feet. However, when the minimum distance cannot be provided due to size, shape, or slope of the parcel, the building official may allow for a reduction of the minimum distance to one consistent with the provisions of the currently adopted edition of the California-Building Code. In no event shall the minimum distance be reduced to less than six feet without approval of a conditional use permit as provided in Section 17.40.080 or a variance.

E.

Fire Safety Clearances. All properties must follow the City of Sonora Defensible Space Program. All dead or dying trees, branches, shrubs, or other plants must be cleared a minimum of fifty feet adjacent to, or overhanging, the structure.

F.

Manufactured home, tiny homes, etc. A manufactured home (a.k.a. mobile home), modular home (a.k.a. factory-built or prefabricated home), tiny home, park model home, or similar unit may be used as an ADU if it is permanently attached to a foundation and complies with the California Building Standards Code, as adopted by the City of Sonora. A tiny home on a chassis or park model home on a chassis is not permitted for use as an ADU unless it is modified to meet the aforementioned standards.

G.

Movable units. A recreational vehicle (e.g., motorhome, campervan, truck camper, travel trailer, pop-up trailer, fifth wheel trailer, toy hauler), travel van, or other movable habitable space generally cannot be approved as an ADU; however, it may be approved if it is permanently attached to a foundation and complies with the California Building Standards Code, as adopted by the City of Sonora.

(Adopted by Ord. 897 on 10/3/2022)

This Section shall not validate any existing illegal ADU. To convert an unpermitted ADU to a legal, conforming unit, the standards and requirements for the conversion shall be the same as for a newly proposed ADU, including the rental restrictions described in Subsection I (Occupancy and rental requirements) above.

A.

ADU reversions. If an ADU or JADU is legally permitted and constructed with deviations to the development standards that would otherwise be applicable to the property, as permitted by the Subsections D (Size and location standards) and/or F (Parking and driveways) above, and the ADU is subsequently reverted or converted to another use other than an ADU/JADU, any deviations from development standards (e.g., setbacks, site coverage, floor area ratio, open space, parking) shall be brought into compliance with the standards in effect at the time a complete application for a reversion or conversion of the space is submitted to the Community Development Department.

(Adopted by Ord. 897 on 10/3/2022)

A.

Applicability. JADUs are allowed in all zoning districts that allow single-family residential uses, subject to compliance with the requirements of this Section.

B.

Number of units allowed. A maximum of one junior accessory dwelling unit (JADU), in addition to one attached or detached ADU, shall be allowed on a parcel with an existing or proposed single-family dwelling.

C.

Location on site. A JADU may be created by converting existing space within the walls of an existing or proposed single-family residence, including attached garages. If a JADU is created concurrent with a new residence, the JADU shall comply with all development standards applicable to the main dwelling, including setbacks, height limits, site coverage, floor area ratio, open space.

D.

Floor area limitation. The gross floor area of the JADU shall not exceed 500 square feet and shall not be less than 150 square feet.

E.

JADU separate entrance. A JADU shall have an exterior entrance separate from the main entrance to the existing or proposed single-family residence; this egress/entrance shall include a continuous and unobstructed path of travel to/from the public way. Additionally, the JADU may share with the main dwelling and/or ADU a single interior entryway (e.g., airlock, mudroom) that provides direct, private access to each unit; however, in no case shall the primary entrance to the JADU be through the main dwelling living area, ADU, garage, or other interior space. A shared entryway is considered part of the main dwelling and is subject to general development standards applicable to the main dwelling, including setbacks, height limit, site coverage, floor area ratio, and open space.

F.

Interior access. Interior access from the JADU to the main dwelling may be maintained; however, if the sanitation facilities are shared with the main dwelling, as allowed in Subsection H below (Sanitation Facilities), unrestricted interior access to the sanitation facilities is required at all times. If interior access is proposed, the tenant of the JADU shall be able to lock the shared door from the interior of the JADU for privacy.

G.

Cooking facilities. The JADU shall include an efficiency kitchen, which shall include the following:

1.

A cooking facility with appliances. (Note: Government Code Section 65852.22(a)(6) does not permit local jurisdictions to specify exactly what "a cooking facility with appliances" must include for JADUs. This standard can be met with basic plug-in kitchen appliances (e.g., microwave, hot plate, mini-fridge) or with a full, high-end kitchen (e.g., gas range, double oven, large sink with disposal, commercial refrigerator). Therefore, a JADU is not required to comply with the Development Code definition of a "Kitchen or Cooking Facility," which specifies several types of appliances required in residential kitchens.)

2.

A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.

H.

Sanitation facilities. A JADU may include separate sanitation facilities or may share sanitation facilities with the primary residence.

I.

Parking. No additional parking shall be required for a JADU for parcels located outside of a State designate Very High or High Fire Severity Zone.

J.

Occupancy and rental requirements.

1.

Short-term rental restriction. The short-term rental of a JADU for a term of less than 31 consecutive days is subject to the requirements under Chapter 17.64 (Transient Use Permit).

2.

Owner occupancy. On a parcel with a primary dwelling unit and a JADU, only one of the units may be rented; the owner must reside in either the remaining portion of the main dwelling or in the JADU. Owner- occupancy is not required if the owner is a governmental agency, land trust, or housing organization.

3.

Illegal junior accessory dwelling units. This Section shall not validate any existing illegal JADUs. To convert an unpermitted JADU to a legal, conforming unit, the standards and requirements for the conversion shall be the same as for a newly proposed JADU, including the rental restrictions described in Subsection 14 above (Occupancy and rental requirements).

(Adopted by Ord. 897 on 10/3/2022)

Fees will be charged for the construction of accessory dwelling units in accordance with the City of Sonora Municipal Code of Ordinances and state law. The City shall not impose any impact fee upon the development of an accessory dwelling unit less than 750 square feet. Any impact fees charged for an accessory dwelling unit of 750 square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit.

A.

Water supply and sewage disposal. All water supply and sewage disposal shall be provided by an established community system. An ADU shall not be allowed on a parcel that is served by an on-site septic system unless approval is obtained from the Tuolumne County Environmental Health Department and the City of Sonora.

B.

Impact fees for JADU's. The City will not impose impact fees if previous impact fees under the existing residential footprint were already applied. If impact fees are required, the City may apply those impact fees at the time of application approval or prior to occupancy.

(Adopted by Ord. 897 on 10/3/2022)

The City of Sonora (City) shall not require, as a condition for ministerial approval of a permit application for the creation of an ADU or JADU, the correction of nonconforming zoning conditions unless those conditions are of health and safety concern to the occupants.

A.

The City shall act on the application to create an ADU or JADU within 60 days from the date the City receives a completed application if there is an existing single-family or multifamily dwelling on the lot. If the City does not act within 60 days, the application shall be deemed approved.

B.

If the permit application to create an ADU or JADU is submitted with a permit application to create a new single-family dwelling on the lot, the City may delay acting on the permit application for the accessory dwelling unit or the junior accessory dwelling unit until the City acts on the permit application to create the new single-family dwelling, but the application to create the accessory dwelling unit or junior accessory dwelling unit shall be considered without discretionary review or hearing.

C.

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

D.

The City shall not issue a certificate of occupancy for an ADU or JADU before the certificate of occupancy is issued for the primary residence.

E.

No subdivision of this City Code of Ordinances shall be interpreted to prohibit the requirement of an inspection, including the imposition of a fee for that inspection, to determine if a ADU or JADU complies with applicable development standards.

F.

Prior to the issuance of a building permit for a JADU, the owner of the lot or parcel on which it is to be constructed shall record a deed restriction in a form satisfactory to the City attorney that includes the following:

1.

A prohibition of the sale of the JADU separately from the sale of the primary residence, including a statement that the deed restriction may be enforced against future purchasers; and

2.

A restriction on the size and attributes of the junior accessory dwelling unit that conforms with Section 65852.2 of the Government Code that regulates accessory dwelling unit.

(Adopted by Ord. 897 on 10/3/2022)

The code enforcement officer may conduct a review of ADUs and JADUs within the city. The code enforcement officer or designee may enforce all provisions of this code and provisions of state law pertaining to the development, occupation, and maintenance of residential properties and accessory dwelling units, pursuant to the following provisions. A code enforcement officer may issue to an owner of an ADU or JADU a notice to correct a violation of any provision of any building standard or any failure to comply with this section.

A.

The code enforcement officer shall include in that notice a statement that the owner of the unit has a right to request a delay in enforcement pursuant to the following findings:

1.

The accessory dwelling unit was built before January 1, 2020.

2.

The accessory dwelling unit was built on or after January 1, 2020; however, at the time the unit was built, the City had a noncompliant accessory dwelling unit ordinance, but the unit is compliant at the time the request is made.

B.

The owner of an accessory dwelling unit that receives a notice to correct violations or abate nuisances as described in Section 17.36.070, may submit an application to the City requesting that enforcement of the violation be delayed for up to five years on the basis that correcting the violation is not necessary to protect health and safety.

C.

The City shall grant an application described in Section 17.36.070.C if it is determined that correcting the violation is not necessary to protect health and safety. In making this determination, the zoning administrator shall consult with the code enforcement officer, building official, and/or the City of Sonora Fire Chief or designee pursuant to Section 13146 of the Health and Safety Code.

(Adopted by Ord. 897 on 10/3/2022)