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(A) Purpose: The purpose of this section is to provide for the creation of accessory dwelling units in Residential Zones and to set forth criteria and regulations of those accessory dwelling units.
(B) Applicability Of Regulations: The provisions of this section shall apply to all parcels that are zoned RE, R-1A, R1-6,000, R1-10,000, R1-20,000, R-2, R-3, R-4, and R-5.
(C) Permitted Use: Accessory dwelling units as defined in section 10-1-4 of this title are a permitted use in the City's Residential Zoning Districts for residential use that is consistent with the City's general plan, the specific zone for the parcel on which the ADU is to be located, and this section.
(D) Development And Use Regulations: ADUs are subject to the following standards, restrictions and regulations:
1. Minimum Parcel Area: Six thousand (6,000) square feet, or as provided under subsection 10-4-2(A) of this chapter (parcel area).
2. Primary Residence: An existing or proposed single-family residence on the parcel.
3. Density: No more than one ADU is permitted on any one parcel.
4. Subdivision: A parcel having an ADU may not be subdivided in a manner that would allow for the primary dwelling and accessory dwelling unit to be located on separate parcels that do not meet the minimum parcel area, width and/or depth required by the Residential Zoning District in which the parcel is located.
5. Minimum Yards:
(a) An attached ADU shall comply with all minimum yard requirements for the main dwelling established by the Residential Zoning District in which the parcel is located.
(b) A detached ADU shall comply with all minimum yard requirements for the primary dwelling established by the Residential Zoning District in which the parcel is located, with the exception of a detached ADU that would not exceed the height standard per subsection 10-4-3(D) of this chapter, may be located on the required rear yard up to five feet (5') from the rear parcel line.
6. Floor Space:
(a) Detached ADU: Maximum permissible floor space shall be fifty percent (50%) of the square footage of the existing or proposed primary residence, except that the minimum shall not be less than six hundred (600) square feet, or more than twelve hundred (1,200) square feet.
(b) Attached ADU: The total area of floor space shall not exceed fifty percent (50%) of the proposed or existing primary dwelling or twelve hundred (1,200) square feet.
7. Passageway: No passageway shall be required in conjunction with the construction of an ADU.
8. Building Coverage: ADU units shall count towards the total building coverage for the parcel and the entire building coverage of all buildings may not exceed the permitted building coverage established by the Residential Zoning District in which the parcel is located.
9. Height: The maximum permitted height of an ADU is the same as the maximum permitted height for the Residential Zoning District in which the parcel is located.
10. Parking: One off-street parking space is required, except as provided in subsection (D)11, "Parking Exceptions", of this section, in addition to the required parking for the primary residence, that may be provided in the following configurations and areas in addition to the areas allowed for the primary residence:
(a) In tandem, meaning two (2) or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another; or
(b) Within required interior side yards.
11. Parking Exceptions: The off-street parking requirement of subsection (D)10, "Parking", of this section, does not apply to the following ADUs:
(a) ADUs located within one-half (1/2) mile of public transit as determined by the Director.
(b) ADUs located within an architecturally and historically significant historic district.
(c) Existing ADUs that were permitted without additional parking.
(d) When on-street parking permits are required but not offered to the occupant of the ADU.
(e) When a car share vehicle is located within one block of the accessory dwelling unit as determined by the Director.
(f) The ADU is part of (attached to or within) the proposed or existing primary residence.
12. Consistency: All accessory dwelling units shall comply with all applicable development regulations for the zoning district in which the parcel is located and Building Code requirements set forth in title 4, "Construction Regulations", of this Code unless otherwise specifically provided for in this section.
13. Aesthetics: The ADU shall be similar or compatible in character to the primary residence on the site and to the surrounding residences in terms of roof pitch, eaves, building materials, colors and landscaping.
For Residential Zoned properties listed on the California Register of Historic Places, Placerville Historic Resource Inventory, or in an adopted historic district, any exterior changes that can be visible from the public street to the architecture of existing buildings to create an accessory dwelling shall meet the historical criteria requirements of subsection 10-4-10(B) of this chapter (Secretary of Interior Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings), and shall comply with the requirements of sections 10-4-9 and 10-4-10 of this chapter.
14. Tenancy: Either the main dwelling or the ADU shall be occupied by the property owner when both units are occupied as dwelling units. The ADU shall not be rented, occupied, or offered for rental or occupancy for periods of less than thirty (30) days.
(E) Conversion Of Accessory Buildings:
1. Convert: An accessory building may be eligible to convert into an ADU, subject to meeting criteria as outlined in subsection (E)2 of this section and approval through the process outlined in subsection (F) of this section. No additional off-street parking shall be required to convert an accessory building into an ADU.
2. Eligibility: The following criteria must be met in order to be eligible for the conversion of an accessory building:
(a) Other supporting documentation to show the building was legally built may be substituted for a building permit subject to review by the Director.
(b) The accessory building must be upgraded to meet the Building Code requirements based on the change of occupancy at the time of the conversion.
(c) The accessory building must meet all of the development regulations of subsection (D) of this section, with the exception that no setback shall be required if the conversion is of an existing garage or a portion of an existing garage, and a setback of no more than five feet (5') from the side and rear parcel lines shall be required for an ADU that is constructed above an existing garage.
3. Eligible: All or any portion of an accessory building that meets the eligibility criteria as provided in this section may be demolished and reconstructed to meet the Building Code requirements based on the change of occupancy at the time of conversion. The accessory dwelling unit that replaces the accessory building may retain the setbacks and the footprint of the legally constructed accessory building. The existing setbacks and footprint of the accessory building must be evidenced by valid building permits or other supporting documentation subject to review by the Director. Nothing in this section shall be deemed to authorize the expansion of the footprint or reduction of the setbacks beyond that evidenced by a valid building permit or other supporting documentation subject to review by the Director or to allow the continuation of any other nonconformity.
(F) Application And Processing Requirements:
1. Submittal: The application for an accessory dwelling unit permit shall be submitted to the Development Services Department concurrent with an application and submittal requirements for a building permit. In addition to the standard submittal requirements for a building permit, an application for an accessory dwelling unit permit shall include all of the following (except as noted below):
(a) Site Plan: A site plan, drawn to scale, showing the dimensions of the perimeter of the parcel proposed for the accessory dwelling unit; the location and dimensioned setbacks of all existing and proposed structures on the site; all easements, building envelopes, and special requirements of the subdivision as shown on the Final Map and improvement plans, if any; and average slope calculations for the site.
(b) Floor Plan: A floor plan, drawn to scale, that shows the dimensions of each room, and the resulting floor space. The use of each room shall be identified, and the size and location of all windows and doors shall be clearly shown.
(c) Elevations: Architectural elevations of the proposed structure showing all openings, exterior finishes, original and finish grades, stepped footing outline, and roof pitch.
(d) Materials And Color Board: A materials and color board for the existing or proposed residence and the proposed ADU.
(e) Photographs: Color photographs of the site and adjacent properties, taken from each property line of the site, to show the project site and adjacent sites. Label each photograph and reference to a separate site plan indicating the location and direction of each photograph.
(f) Exceptions: Applications for accessory dwelling units which do not modify a building's exterior are not required to submit the items described in subsection (F)1(c), (F)1(d), or (F)1(e) of this section.
(g) Fee: A fee set by the City Council for an ADU shall accompany the application.
(h) Historic Resources: For residential properties described in subsection (D)13 of this section involving residential historic resources, an ADU request shall also comply with the application and submittal requirements under sections 10-4-9, "Site Plan Review", and 10-4-10, "Historical Buildings In The City", of this chapter.
2. Application Review And Decision:
(a) Non-Historic Residential Resources: The Director, or the duly appointed representative, shall act on an application for an ADU permit within one hundred twenty (120) days of submittal of a complete application for residential properties not described in subsection (D)13 of this section involving historic residential resources. The ADU permit shall be issued only if the proposed ADU complies with all development and use regulations in this section.
(b) Historic Residential Resources: The Planning Commission shall act on an application for an ADU for residential properties described in subsection (D)13 of this section. The Planning Commission shall consider all development and use regulations in this section, and the historical criteria requirements of subsection 10-4-10(B) of this chapter (Secretary of Interior Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings), when making its decision.
3. Utility Connection Fees:
(a) Except as provided in subsection (F)3(b) of this section, a separate new utility connection and payment of a connection fee or capacity charge pursuant to State law and City fee schedule will be required for any new ADU, payable at time of building permit issuance.
(b) No new or separate utility connection or related connection fee or capacity charge will be required for ADUs that are internal conversions of existing space within a single family residence or an accessory structure.
4. Covenant And Agreement: A covenant and agreement shall be executed by the property owner, it shall be recorded, and shall contain the following:
(a) A statement that the property owner shall be an owner- occupant and shall reside either in the primary residential dwelling or the ADU.
(b) The ADU shall not be sold separately from the primary residential dwelling.
(c) The ADU permit shall run with the land and the ADU permit is binding and enforceable on future property owners. (Ord. 1697, 5-14-2019)