PC R 24-2393RESOLUTION NO. 24-2393
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ARROYO GRANDE RECOMMENDING THE
CITY COUNCIL ADOPT ORDINANCES APPROVING
DEVELOPMENT CODE AMENDMENT REGARDING
ACCESSORY DWELLING UNITS
WHEREAS, Section 16.52.150 of the Arroyo Grande Municipal Code (AGMC)
contains the City's existing regulations for Accessory Dwelling Units (ADUs); and
WHEREAS, AGMC Section 16.52.150 of the Arroyo Grande Municipal was last
amended in 2022, after the State legislature had amended Government Code §65852.2
and also added Government Code §65852.; and
WHEREAS, in 2023 and 2024, the California Legislature approved, and the
Governor signed into law a number of bills ("New ADU Laws") that, among other things,
amended Government Code Section 65852.2 and 65852.22 to impose new standards
applicable to the development of ADUs and JADUs; and
WHEREAS, the New ADU Laws mandate that cities with accessory dwelling unit
ordinances that are inconsistent with the State laws apply the State standards for ADU
and JADU approval; and
WHEREAS, according to the State Department of Housing and Community
Development website the New ADU Laws were adopted to promote the development of
ADUs and JADUs; and
WHEREAS, the New ADU Laws took effect January 1, 2024, and because the
City's ADU ordinance did not comply with the New ADU Laws, the City's ordinance
became null and void on that date as a matter of law; and
WHEREAS, the City desires to amend its local regulatory scheme for the
construction of ADUs and provide for JADUs and to comply with the amended
provisions of Government Code sections 65852.2 and 65852.22; and
WHEREAS, the City of Arroyo Grande has duly initiated amendments to AGMC
Sections 16.52.150; and
WHEREAS, the Planning Commission of the City of Arroyo Grande, after giving
notices thereof as required by law, held a public hearing on January 16, 2024
concerning this code amendment and carefully considered all pertinent testimony and
the staff report offered in the case as presented; and
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Arroyo Grande hereby recommends the City Council adopt Ordinances approving
RESOLUTION NO. 24-2393
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Development Code Amendment 23-002 amending Title 16 of the Arroyo Grande Municipal
Code as attached hereto as Exhibit "A" and incorporated herein by this reference.
On motion by Commissioner Berlin, seconded by Commissioner Maraviglia, and by the
following roll call vote, to wit:
AYES: Berlin, Maraviglia, Roof, Sackrison
NOES: None
ABSENT: Buchanan
the foregoing Resolution was adopted this 16th day of January 2024.
RESOLUTION NO. 24-2393
PAGE 3
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JAMIE r
CHAIR
ATTEST:
PATRICK HOLUB
SECRETARY TO THE COMMISSION
AS TO CONTENT:
BRIAN PEDROTTI
COMMUNITY DEVELOPMENT DIRECTOR
RESOLUTION NO. 24-2393
PAGE 4
EXHIBIT A
ORDINANCE NO.
WHEREAS, Section 16.52.150 of the Arroyo Grande Municipal Code (AGMC)
contains the City's existing regulations for Accessory Dwelling Units (ADUs); and
WHEREAS, AGMC Section 16.52.150 of the Arroyo Grande Municipal was last
amended in 2022, after the State legislature had amended Government Code §65852.2
and also added Government Code §65852.; and
WHEREAS, in 2023 and 2024, the California Legislature approved, and the
Governor signed into law a number of bills ("New ADU Laws") that, among other things,
amended Government Code Section 65852.2 and 65852.22 to impose new standards
applicable to the development of ADUs and JADUs; and
WHEREAS, the New ADU Laws mandate that cities with accessory dwelling unit
ordinances that are inconsistent with the State laws apply the State standards for ADU
and JADU approval; and
WHEREAS, according to the State Department of Housing and Community
Development website the New ADU Laws were adopted to promote the development of
ADUs and JADUs; and
WHEREAS, the New ADU Laws took effect January 1, 2024, and because the
City's ADU ordinance did not comply with the New ADU Laws, the City's ordinance
became null and void on that date as a matter of law; and
WHEREAS, the City desires to amend its local regulatory scheme for the
construction of ADUs and provide for JADUs and to comply with the amended
provisions of Government Code sections 65852.2 and 65852.22; and
WHEREAS, the City of Arroyo Grande has duly initiated amendments to AGMC
Sections 16.52.150; and
WHEREAS, the Planning Commission of the City of Arroyo Grande, after giving
notices thereof as required by law, held a public hearing on January 16, 2024
concerning this code amendment and carefully considered all pertinent testimony and
the staff report offered in the case as presented; and
WHEREAS, on January 16, 2024, the Planning Commission of the Arroyo
Grande recommended to the City Council amending Section 16.52.150 of the Arroyo
Grande Municipal Code; and
WHEREAS, the City Council of the City of Arroyo Grande has, after giving notice
RESOLUTION NO. 24 -2393 -
PAGE 5
thereof as required by law, held a public hearing on 2024, concerning
proposed amendments to AGMC Section 16.52.150; and
WHEREAS, the City Council of the City of Arroyo Grande, at its regularly
scheduled public meeting on 2024 introduced this Ordinance to amend
Section 16.52.150 of Title 16, Chapter 52 of the Arroyo Grande Municipal Code; and
WHEREAS, the City Council has carefully considered all pertinent testimony and
the staff report, its attachments and all supporting materials referenced therein or
offered in the matter as presented at the public hearing.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE
DOES ORDAIN AS FOLLOWS:
SECTION 1. Incorporation. The above recitals are true and correct and are
incorporated herein by this reference.
SECTION 2. Environmental. The City Council finds that this Ordinance is
exempt from the California Environmental Quality Act in accordance State CEQA
Guidelines, Article 18: Statutory Exemptions, Section 15282(h).This section of CEQA
provides a statutory exemption for "the adoption of an ordinance regarding second units
[accessory dwelling units] in a single-family or multifamily residential zone by a city or
county to implement the provisions of Sections 65852.1 and 65852.2 of Government
Code as set forth in Section 21080.17 of the Public Resources Code." The City Clerk
shall file a Notice of Exemption from CEQA review in accordance with CEQA
Guidelines.
SECTION 3. Required Findings. In accordance with section 16.16.040(E) of the
Arroyo Grande Municipal Code, the City Council hereby makes the following findings:
1. General Plan. The ordinance amendments to the AGMC are consistent
with the general plan and necessary and desirable to implement the provisions thereof.
Specifically, Housing Element Program A-2.1 directs the City to amend the ADU
ordinance to encourage production of ADUs to meet Regional Housing Needs
Assessment goals. This ordinance implements program A-2.1 by bringing the ordinance
into compliance with state legislation. For this reason, the ordinance's amendments to
the AGMC are consistent with the general plan and necessary and desirable to
implement the provisions thereof.
2. Public Health, Safety and Welfare. The ordinance's amendments to the
AGMC will not adversely affect the public health safety, and welfare or result in an
illogical land use pattern because the purpose for these updates to the development
code is to bring the city's ordinance into compliance with state legislation.
3. Purpose and Intent. The revision to this title is consistent with the purpose
and intent of the title since it implements the objectives policies, and programs of the
RESOLUTION NO. 24-2393
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Housing Element by establishing clear and consistency standards for the development
of ADUs that are in compliance with state law.
4. Environmental Impacts. The proposed amendments will bring the city's
ordinance into conformance with state law which has been deemed statutorily exempt
from the California Environmental Quality Act.
SECTION 4. Code Amendment.
Section 16.52.150 Accessory Dwelling Units
(a) Purpose. The purpose of this section is to allow and regulate accessory dwelling
units (ADUs) and junior accessory dwelling units (JADUs) in compliance with
California Government Code sections 65852.2 and 65852.22.
(b) Effect of Conforming. An ADU or JADU that conforms to the standards in this
section will not be:
(1) Deemed to be inconsistent with the city's general plan and zoning
designation for the lot on which the ADU or JADU is located.
(2) Deemed to exceed the allowable density for the lot on which the ADU or
JADU is located.
(3) Considered in the application of any local ordinance, policy, or program to
limit residential growth.
(4) Required to correct a nonconforming zoning condition, as defined in
subsection (c)(7) below. This does not prevent the city from enforcing
compliance with applicable building standards in accordance with Health
and Safety Code section 17980.12.
(c) Definitions. As used in this section, terms are defined as follows:
(1) "Accessory dwelling unit" or "ADU" means an attached or a detached
residential dwelling unit that provides complete independent living facilities
for one or more persons and is located on a lot with a proposed or existing
primary residence. An accessory dwelling unit also includes the following:
(A) An efficiency unit, as defined by section 17958.1 of the California
Health and Safety Code; and
(B) A manufactured home, as defined by section 18007 of the
California Health and Safety Code.
(2) "Accessory structure" means a structure that is accessory and incidental
to a dwelling located on the same lot.
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(3) "Complete independent living facilities" means permanent provisions for
living, sleeping, eating, cooking, and sanitation on the same parcel as the
single-family or multifamily dwelling is or will be situated.
(4) "Efficiency kitchen" means a kitchen that includes all of the following:
(A) A cooking facility with appliances.
(B) A food preparation counter and storage cabinets that are of a
reasonable size in relation to the size of the JADU.
(5) "Junior accessory dwelling unit" or "JADU" means a residential unit that
satisfies all of the following:
(A) It is no more than 500 square feet in size.
(B) It is contained entirely within an existing or proposed single-family
structure. An enclosed use within the residence, such as an
attached garage, is considered to be a part of and contained within
the single-family structure.
(C) It includes its own separate sanitation facilities or shares sanitation
facilities with the existing or proposed single-family structure.
(D) If the unit does not include its own separate bathroom, then it
contains an interior entrance to the main living area of the existing
or proposed single-family structure in addition to an exterior
entrance that is separate from the main entrance to the primary
dwelling.
(E). It includes an efficiency kitchen, as defined in subsection (c)(4)
above.
(6) "Living area" means the interior habitable area of a dwelling unit, including
basements and attics, but does not include a garage or any accessory
structure.
(7) "Nonconforming zoning condition" means a physical improvement on a
property that does not conform with current zoning standards.
(8) "Passageway" means a pathway that is unobstructed clear to the sky and
extends from a street to one entrance of the ADU or JADU.
(9) "Proposed dwelling" means a dwelling that is the subject of a permit
application and that meets the requirements for permitting.
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(10) "Public transit" means a location, including, but not limited to, a bus stop or
train station, where the public may access buses, trains, subways, and
other forms of transportation that charge set fares, run on fixed routes,
and are available to the public.
(11) "Tandem parking" means that two or more automobiles are parked on a
driveway or in any other location on a lot, lined up behind one another.
(d) Approvals. The following approvals apply to ADUs and JADUs under this
section:
(1) Building -permit Only. If an ADU or JADU complies with each of the
general requirements in subsection (e) below, it is allowed with only a
building permit in the following scenarios:
(A) Converted on Single-family Lot: One ADU as described in this
subsection (d)(1)(A) and one JADU on a lot with a proposed or
existing single-family dwelling on it, where the ADU or JADU:
(i) Is either: within the space of a proposed single-family
dwelling; within the existing space of an existing single-
family dwelling; or (in the case of an ADU only) within the
existing space of an accessory structure, plus up to 150
additional square feet if the expansion is limited to
accommodating ingress and egress; and
(ii) Has exterior access that is independent of that for the single-
family dwelling; and
(iii) Has side and rear setbacks sufficient for fire and safety, as
dictated by applicable building and fire codes.
(iv) The JADU complies with the requirements of Government
Code Section 65852.22.
(B) Limited Detached on Single-family Lot: One detached, new -
construction ADU on a lot with a proposed or existing single-family
dwelling (in addition to any JADU that might otherwise be
established on the lot under subsection (d)(1)(A) above), if the
detached ADU satisfies each of the following limitations:
(i) The side- and rear -yard setbacks are at least four feet.
(ii) The total floor area is 800 square feet or smaller.
(iii) The peak height above grade does not exceed the
applicable height limit in subsection (e)(2) below.
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(C) Converted on Multifamily Lot: One or more ADUs within 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
converted ADU complies with state building standards for
dwellings. Under this subsection (d)(1)(C), at least one converted
ADU is allowed within an existing multifamily dwelling, up to a
quantity equal to 25 percent of the existing multifamily dwelling
units.
(D) Limited Detached on Multifamily Lot: No more than two
detached ADUs on a lot that has an existing or proposed
multifamily dwelling if each detached ADU satisfies both of the
following limitations:
(i) The side- and rear -yard setbacks are at least four feet. If the
existing multifamily dwelling has a rear or side yard setback
of less than four feet, the city will not require any
modification to the multifamily dwelling as a condition of
approving the ADU.
(ii) The peak height above grade does not exceed the
applicable height limit provided in subsection (e)(2) below.
(2) ADU Permit.
(A) Except as allowed under subsection (d)(1) above, no ADU may be
created without a building permit and an ADU permit in compliance
with the standards set forth in subsections (e) and (f) below.
(B) The city may charge a fee to reimburse it for costs incurred in
processing ADU permits, including the costs of adopting or
amending the city's ADU ordinance. The ADU-permit processing
fee is determined by the most recent fee schedule approved by city
council resolution.
(3) Process and Timing.
(A) An ADU permit is considered and approved ministerially, without
discretionary review or a hearing.
(B) The city must approve or deny an application to create an ADU or
JADU within 60 days from the date that the city receives a
completed application. If the city has not approved or denied the
completed application within 60 days, the application is deemed
approved unless either:
RESOLUTION NO. 24-2393.
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(i) The applicant requests a delay, in which case the 60 -day
time period is tolled for the period of the requested delay, or
(ii) When an application to create an ADU or JADU is submitted
with a permit application to create a new single-family or
multifamily dwelling on the lot, the city may delay acting on
the permit application for the ADU or JADU until the city acts
on the permit application to create the new single-family or
multifamily dwelling, but the application to create the ADU or
JADU will still be considered ministerially without
discretionary review or a hearing.
(C) If the city denies an application to create an ADU or JADU, the city
must provide the applicant with comments that include, among
other things, a list of all the defective or deficient items and a
description of how the application may be remedied by the
applicant. Notice of the denial and corresponding comments must
be provided to the applicant within the 60 -day time period
established by subsection (d)(3)(B) above.
(D) A demolition permit for a detached garage that is to be replaced
with an ADU is reviewed with the application for the ADU and
issued at the same time.
(e) General ADU and JADU Requirements. The following requirements apply to all
ADUs and JADUs that are approved under subsections (d)(1) or (d)(2) above:
(1) Zoning.
(A) An ADU subject only to a building permit under subsection (d)(1)
above may be created on a lot in a residential or mixed-use zone.
(B) An ADU subject to an ADU permit under subsection (d)(2) above
may be created on a lot that is zoned to allow single-family dwelling
residential use or multifamily dwelling residential use.
(C) In accordance with Government Code section 65852.22(a)(1), a
JADU may only be created on a lot zoned for single-family
residences.
(2) Height.
(A) Except as otherwise provided by subsections (e)(2)(B) and
(e)(2)(C) below, a detached ADU created on a lot with an existing
or proposed single family or multifamily dwelling unit may not
exceed 16 feet in height.
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(B) A detached ADU may be up to 18 feet in height if it is created on a
lot with an existing or proposed single family or multifamily dwelling
unit that is located within one-half mile walking distance of a major
transit stop or high quality transit corridor, as those terms are
defined in Section 21155 of the Public Resources Code, and the
ADU may be up to two additional feet in height (for a maximum of
20 feet) if necessary to accommodate a roof pitch on the ADU that
is aligned with the roof pitch of the primary dwelling unit.
(C) A detached ADU created on a lot with an existing or proposed
multifamily dwelling that has more than one story above grade may
not exceed 18 feet in height.
(D) An ADU that is attached to the primary dwelling may not exceed 25
feet in height. Notwithstanding the foregoing, ADUs subject to this
subsection (e)(2)(D) may not exceed two stories.
(E) For purposes of this subsection (e)(2), height is determined by
measuring the vertical distance from the average finished grade to
the highest point of the coping of a flat roof or to the deck line of a
mansard roof, or to the highest point of the highest gable of a pitch
or hip roof, but exclusive of vents, air conditioners, chimneys; or
other such incidental appurtenances.
(3) Fire Sprinklers.
(A) Fire sprinklers are required in an ADU if sprinklers are required in
the primary residence.
(B) The construction of an ADU does not trigger a requirement for fire
sprinklers to be installed in the existing primary dwelling.
(4) Rental Term. No ADU or JADU may be rented for a term that is shorter
than 30 days. This prohibition applies regardless of when the ADU or
JADU was created.
(5) No Separate Conveyance. An ADU or JADU may be rented, but, except
as otherwise provided in Government Code Section 65852.26, no ADU or
JADU may be sold or otherwise conveyed separately from the lot and the
primary dwelling (in the case of a single-family lot) or from the lot and all of
the dwellings (in the case of a multifamily lot).
(6) Septic System. If the ADU or JADU will connect to an onsite wastewater -
treatment system, the owner must include with the application a
percolation test completed within the last five years or, if the percolation
test has been recertified, within the last 10 years.
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(7) Owner Occupancy.
(A) ADUs created under this section, on or after January 1, 2020, are
not subject to an owner -occupancy requirement.
(B) As required by state law, all JADUs are subject to an owner -
occupancy requirement. A natural person with legal or equitable
title to the property must reside on the property, in either the
primary dwelling or JADU, as the person's legal domicile and
permanent residence. However, the owner -occupancy requirement
in this subsection (e)(7)(B) does not apply if the property is entirely
owned by another governmental agency, land trust, or housing
organization.
(8) Deed Restriction. Prior to issuance of a certificate of occupancy for an
ADU or JADU, a deed restriction must be recorded against the title of the
property in the County Recorder's office and a copy filed with the
Community Development Department. The deed restriction must run with
the land and bind all future owners. The form of the deed restriction will be
provided by the city and must provide that:
(A) Except as otherwise provided in Government Code Section
65852.26, the ADU or JADU may not be sold separately from the
primary dwelling.
(B) The ADU or JADU is restricted to the approved size and to other
attributes allowed by this section.
(C) The deed restriction runs with the land and may be enforced
against future property owners.
(D) The deed restriction may be removed if the owner eliminates the
ADU or JADU, as evidenced by, for example, removal of the
kitchen facilities. To remove the deed restriction, an owner may
make a written request of the Community Development
Department, providing evidence that the ADU or JADU has in fact
been eliminated. The Community Development Department may
then determine whether the evidence supports the claim that the
ADU or JADU has been eliminated. Appeal may be taken from the
Community Development Director's determination consistent with
other provisions of this Code. If the ADU or JADU is not entirely
physically removed, but is only eliminated by virtue of having a
necessary component of an ADU or JADU removed, the remaining
structure and improvements must otherwise comply with applicable
provisions of this Code.
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(E) The deed restriction is enforceable by the Community Development
Director or his or her designee for the benefit of the city. Failure of
the property owner to comply with the deed restriction may result in
legal action against the property owner, and the city is authorized to
obtain any remedy available to it at law or equity, including, but not
limited to, obtaining an injunction enjoining the use of the ADU or
JADU in violation of the recorded restrictions or abatement of the
illegal unit.
(9) Building & Safety.
(A) Must comply with building code. Subject to subsection (e)(10)(B)
below, all ADUs and JADUs must comply with all local building
code requirements.
(B) No change of occupancy. Construction of an ADU does not
constitute a Group R occupancy change under the local building
code, as described in Section 310 of the California Building Code,
unless the building official, in consultation with the Community
Development Director, makes a written finding based on substantial
evidence in the record that the construction of the ADU could have
a specific, adverse impact on public health and safety. Nothing in
this subsection (e)(10)(B) prevents the city from changing the
occupancy code of a space that was uninhabitable space or that
was only permitted for nonresidential use and was subsequently
converted for residential use in accordance with this section.
(f) Specific ADU Requirements. The following requirements apply only to ADUs
that require an ADU permit under subsection (d)(2) above.
(1) Maximum Size.
(A) The maximum size of a detached or attached ADU subject to this
subsection (f) is 1,200 square feet.
(B) An attached ADU that is created on a lot with an existing primary
dwelling is further limited to 50 percent of the floor area of the
existing primary dwelling.
(C) Application of other development standards in this subsection (f),
such as FAR or lot coverage, might further limit the size of the
ADU, but no application of the percent -based size limit in
subsection (f)(1)(B) above or of an FAR, front setback or lot
coverage limit, may require the ADU to be less than 800 square
feet.
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(2) Setbacks.
(A) ADUs that are subject to this subsection (f) must conform to 4 -foot
side and rear setbacks. ADUs that are subject to this subsection (f)
must conform to 20 -foot front setbacks, subject to subsection
(f)(1)(C) above.
(B) No setback is required for an ADU that is subject to this subsection
(f) if the ADU is constructed in the same location and to the same
dimensions as an existing structure.
(3) Passageway. No passageway, as defined by subsection (c)(8) above, is
required for an ADU.
(4) Parking.
(A) Generally. Unless subject to exception, one off-street parking space
is required for each ADU. The parking space may be provided in
setback areas or as tandem parking, as defined by subsection
(c)(11) above, and subject to the following:
(i) Parking may be located on an existing driveway but shall not
block sidewalk access or encroach into the public right-of-
way.
(ii) Parking spaces located wholly or partially within a side yard
must have a minimum clear space width of ten (10) feet.
Vehicles shall not block exterior windows or doors of a
dwelling or access to utility boxes or meters.
(iii) Vehicles must be parked on a concrete, asphalt, gravel,
brick, or permeable paver surface. .
(iv) No more than fifty (50) percent of a front yard shall be
dedicated to vehicle parking.
(v) No parking shall be allowed in front yard landscaping areas.
(B) Exceptions. No parking is required in the following situations:
(i) The ADU is located within one-half mile walking distance of
public transit, as defined in subsection (c)(10) above.
(ii) The ADU is located within an architecturally and historically
significant historic district.
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(iii) The ADU is part of the proposed or existing primary
residence or an accessory structure under subsection
(d)(1)(A) above.
(iv) When on -street parking permits are required but not offered
to the occupant of the ADU.
(v) When there is an established car share vehicle stop located
within one block of the ADU.
(vi) When the permit application to create an ADU is submitted
with an application to create a new single-family or new
multifamily dwelling on the same lot, provided that the ADU
or the lot satisfies any of the exceptions above.
(C) No Replacement. When a garage, carport, or covered parking
structure is demolished in conjunction with. the construction of an
ADU or converted to an ADU, those off-street parking spaces are
not required to be replaced.
(5) Architectural Requirements.
(A) The materials and colors of the exterior walls, roof, and windows
and doors must match the appearance and architectural design of
those of the primary dwelling. Projects utilizing the City's pre -
designed ADU plans or factory building housing are not subject to
this standard.
(B) The exterior lighting must be limited to down lights or as otherwise
required by the building or fire code.
(C) When a garage is converted to an ADU, the garage door opening
shall be replaced with exterior wall coverings, or residential
windows and doors, to match the existing exterior garage wall
covering and detailing.
(D) The ADU must have an independent exterior entrance, apart from
that of the primary dwelling.
(E) Windows and doors of the ADU may not have a direct line of sight
to an adjoining residential property. Fencing, landscaping, or
privacy glass may be used to provide screening and prevent a
direct line of sight.
(F) Second floor living area shall be setback five feet from the ground
floor footprint.
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(G) Window sashes and doorframes shall be made of wood or vinyl.
Unfinished aluminum is not allowed.
(H) The use of fluorescent "neon", "day-glo", or bright primary colors as
the predominant shade on building facades is not permitted. For
purposes of this standard, predominant means that the color is
used on more than fifty percent (50%) of the wall area.
(1) All windows and doors in an ADU are less than 30 feet from a
property line that is not a public right-of-way line must either be (for
windows) clerestory with the bottom of the glass at least six feet
above the finished floor, or (for windows and for doors) utilize
frosted or obscure glass.
(J) Rooftop decks are prohibited on all detached ADUs.
(6) Historical Protections. An ADU that is on or within 500 feet of real
property that is listed in the California Register of Historic Resources must
be located so as to not be visible from any public right-of-way.
(g) Fees. The following requirements apply to all ADUs that are approved under
subsections (d)(1) or (d)(2) above.
(1) Impact Fees.
(A) No impact fee is required for an ADU that is less than 750 square
feet in size. For purposes of this subsection (g)(1), "impact fee"
means a "fee" under the Mitigation Fee Act (Gov. Code § 66000(b))
and a fee under the Quimby Act (Gov. Code § 66477). "Impact fee"
here does not include any connection fee or capacity charge for
water or sewer service.
(B) Any impact fee that is required for an ADU that is 750 square feet
or larger in size must be charged proportionately in relation to the
square footage of the primary dwelling unit. (E.g., the floor area of
the ADU, divided by the floor area of the primary dwelling, times the
typical fee amount charged for a new dwelling.)
(2) Utility Fees.
(A) If an ADU is constructed with a new single-family home, a separate
utility connection directly between the ADU and the utility and
payment of the normal connection fee and capacity charge for a
new dwelling are required.
(B) Except as described in subsection (g)(2)(A), converted ADUs on a
single-family lot that are created under subsection (d)(1)(A) above
RESOLUTION NO. 24-2393
PAGE 17
are not required to have a new or separate utility connection
directly between the ADU and the utility. Nor is a connection fee or
capacity charge required.
(C) Except as described in subsection (g)(2)(A), all ADUs that are not
covered by subsection (g)(2)(B) require a new, separate utility
connection directly between the ADU and the utility for any utility
that is provided by the city. All utilities that are not provided by the
city are subject to the connection and fee requirements of the utility
provider.
(i) The connection is subject to a connection fee or capacity
charge that is proportionate to the burden created by the
ADU based on either the floor area or the number of
drainage -fixture units (DFU) values, as defined by the
Uniform Plumbing Code, upon the water or sewer system.
(ii) The portion of the fee or charge that is charged by the city
may not exceed the reasonable cost of providing this
service.
(h) Nonconforming Zoning Code Conditions, Building Code Violations, and
Unpermitted Structures.
(1) Generally. The city will not deny an ADU or JADU application due to a
nonconforming zoning condition, building code violation, or unpermitted
structure on the lot that does not present a threat to the public health and
safety and that is not affected by the construction of the ADU or JADU.
(2) Unpermitted ADUs constructed before 2018.
(A) Permit to Legalize. As required by state law, the city may not deny
a permit to legalize an existing, but unpermitted ADU that was
constructed before January 1, 2018, if denial is based on either of
the following grounds:
(i) The ADU violates applicable building standards, or
(ii) The ADU does not comply with the state ADU law
(Government Code section 65852.2) or this ADU ordinance
(section 16.52.150).
(B) Exceptions:
(i) Notwithstanding subsection (h)(2)(A) above, the city may
deny a permit to legalize an existing but unpermitted ADU
that was constructed before January 1, 2018, if the city
RESOLUTION NO. 24-2393
PAGE 18
makes a finding that correcting a violation is necessary to
protect the health and safety of the public or of occupants of
the structure.
(ii) Subsection (h)(2)(A) above does not apply to a building that
is deemed to be substandard in- accordance with California
Health and Safety Code section 17920.3.
(i) Nonconforming ADUs and Discretionary Approval. Any proposed ADU or
JADU that does not conform to the objective standards set forth in subsections
(a) through (h) of this section may be allowed by the city with a conditional use
permit, in accordance with the other provisions of this title.
SECTION 5. Publication. A summary of this ordinance shall be published in a
newspaper published and circulated in the City of Arroyo Grande at least five days prior
to the City Council meeting at which the proposed ordinance is to be adopted. A
certified copy of the full text of the proposed ordinance shall be posted in the office of
the City Clerk. Within 15 days after adoption of the ordinance, the summary with the
names of those City Council members voting for and against the ordinance shall be
published again, and the City Clerk shall post a certified copy of the full text of such
adopted ordinance.
SECTION S. Effective Date. This ordinance shall become effective 30 days after
adoption.
SECTION 7. Severability. Should any provision of this ordinance, or its
application to any person or circumstance, be determined by a court of competent
jurisdiction to be unlawful, unenforceable or otherwise void, that determination shall
have no effect on any other provision of this ordinance or the application of this
ordinance to any other person or circumstance, and, to that end, the provisions hereof
are severable. The City Council declares that it would have adopted all the provisions of
this ordinance that remain valid if any provisions of this ordinance are declared invalid.
SECTION 8. Records. The documents and materials associated with this
ordinance that constitute the record of proceedings on which the City Council's findings
and determinations are based are located at 300 E. Branch Street, Arroyo Grande, CA
93420. The City Clerk is the custodian of the record of proceedings.
On motion by Council Member _
the following roll call vote to wit:
AYES:
NOES:
ABSENT:
, seconded by Council Member , and by
RESOLUTION NO. 24-2393
PAGE 19
the foregoing Ordinance was adopted this day of _ , 2024.
RESOLUTION NO. 24-2393
PAGE 20
CAREN RAY RUSSOM, MAYOR
ATTEST:
JESSICA MATSON, CITY CLERK
APPROVED AS TO CONTENT:
MATT DOWNING, CITY MANAGER
APPROVED AS TO FORM:
ISAAC ROSEN, CITY ATTORNEY