O 519 C.S.
ORDINANCE NO. 519 C.S.
AN ORDINANCE OF THE CITY COUNCil OF THE CITY OF
ARROYO GRANDE AMENDING PORTIONS OF TITLE 9 OF THE
MUNICIPAL CODE REGARDING SECOND RESIDENTIAL
DWELLING UNITS
WHEREAS, the City of Arroyo Grande has a responsibility, pursuant to Government Code
Section 65852.2, to address the need for second residential dwelling units, while at the
same time considering environmental and service constraints; and
WHEREAS, the Housing Element of the General Plan of the City of Arroyo Grande
adopted on June 22, 1993, provides for the utilization of second residential dwelling units
as an affordable housing incentive in residential zones; and
WHEREAS, the City of Arroyo Grande has conducted environmental review for adoption
of an ordinance establishing procedures to provide for the development of second
residential dwelling units in the City of Arroyo Grande, and has found that it can be seen
with certainty that there is no possibility that the proposed second residential dwelling unit
requirements will have an effect on the environment and therefore is exempt from the
provisions of CEQA; and
WHEREAS, the City Council of the City of Arroyo Grande has reviewed and considered
the information in the proposed document and staff report, as well as public testimony
presented at the hearing and make the following findings of fact:
A. The proposed second residential dwelling unit requirements are consistent with the
goals, objectives, policies, and programs of the General Plan, and are necessary
and desirable to implement the provisions of the General Plan.
B. The proposed second residential dwelling unit requirements will not adversely affect
the public health, safety, and welfare.
C. The proposed second residential dwelling unit requirements are consistent with the
purpose and intent of Title 9.
D. The potential environmental impacts of the proposed second residential dwelling
unit requirements are insignificant.
NOW, THEREFORE, THE CITY COUNCil OF THE CITY OF ARROYO GRANDE DOES
ORDAIN AS FOllOWS:
ORDINANCE NO. 519 C.S.
PAGE 2
SECTION 1: Arroyo Grande Municipal Code Section 9-11.140 is amended in its entirety
as follows:
CHAPTER 9-11.140
SECOND RESIDENTIAL DWELLING UNITS
A. Purpose and Intent
The purpose of these standards is to ensure that second residential dwelling units
located in Residential Districts do not adversely impact either adjacent residential parcels
or the surrounding neighborhood, and are developed in a manner which protects the
integrity of the Residential District, while providing for needed housing opportunities. There
are environmental and service constraints the City faces, which limit the addition of second
dwelling units. In particular, such units may not be appropriate on hillside lots because of
environmental constraints. The addition of a second residential dwelling unit is limited by
urban service capacity, public safety standards, traffic conditions, fire hazards, privacy
impacts and compatibility with neighboring uses and structures. This Chapter addresses
these limitations.
B. Applicability
1. Second residential dwelling units may be permitted in any Residential
District except the RE District, subject to obtaining a Conditional Use
Permit pursuant to Section 9-03.050 of this Title and as otherwise
provided in this Section. All findings required by Section 9-03.050
must be made in addition to specific findings required by this Chapter
prior to issuance of a conditional use permit. Second residential
dwelling units shall be served by City water and sanitary sewer
systems. Second residential dwelling units shall be prohibited on lots
containing a guest house, converted garage, mobile home, or more
than one existing single family dwelling.
2. Second residential dwelling units may be attached to or detached from
the main dwelling. If the second dwelling unit is attached to the main
dwelling, each shall be served by separate outside entrances. The
interiorwall(s) of an attached unit which separate it from the main unit
shall be fire rated according to the most recent Uniform Building
Code, and shall not be connected by a doorway or opening to the
main dwelling. An "attached second residential dwelling unit" shall
mean a dwelling unit that is either combined within the living area or
attached to the primary residence. A "detached second residential
dwelling unit" shall mean a dwelling unit that is not combined within
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ORDINANCE NO. 519 C.S.
PAGE 3
or attached to the primary residence. For the purposes of this
Chapter, "dwelling unit" shall not include a garage or any accessory
structure. "Primary residence" shall mean an existing detached
residential structure that conforms with all applicable zoning
regulations.
3. A second residential dwelling unit may be constructed simultaneously
with or after construction of the principal residence. In addition, an
existing principal residence may, subject to obtaining a conditional
use permit for such residence, be considered the second residential
dwelling unit, and a new residence may be constructed which would
then be considered the primary residence. The applicant shall apply
for and obtain a conditional use permit for a second residential
dwelling unit prior to submission of an application for a b'uilding permit
for the proposed new residence.
C. Property Development Standards
The second residential dwelling unit shall comply with all zoning regulations and
property development standards of the District in which it is located, existing building,
health, safety and fire codes, and architectural review criteria, including, but not limited to,
setbacks, height limits and maximum lot coverage. In addition, the following standards
shall apply:
1. Minimum Lot Size
The minimum lot size for a parcel to be eligible for a detached second
dwelling unit shall be 12,000 square feet, excluding all rights of way
and private access easements. The minimum lot size for a parcel to
be eligible for an attached second dwelling unit shall be 7,200 square
feet, excluding all rights of way.
2. Building Separation
A detached second residential dwelling unit shall be located at least
20 feet from the primary residence.
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ORDINANCE NO. 519 C.S.
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3. Yard Setbacks
The second residential dwelling unit shall have the same minimum
yard setback requirements as the base zone of the primary residence
on the parcel as outlined in Table 9-06.050-A and Table 9-06.050-8.
Setbacks outlined in Appendix C.W.D.219 as referenced in Table 9-
06.050 A and Table 9-06.050-8 shall not be applicable to second
residential dwelling units. The minimum front yard setback for second
residential dwelling units shall be equal to or greater than the
maximum front yard setback of adjacent parcels.
4. Architectural Compatibility
The second residential dwelling unit shall be architecturally
compatible with the primary residence and the surrounding
neighborhood, and shall incorporate the same colors and materials as
the primary residence.
5. Maximum Size
Gross floor area of a second residential dwelling unit shall not exceed
640 square feet.
6. Maximum Slope
The building site upon which the second residential dwelling unit will
be constructed shall not have an average slope in excess of twenty
percent. A topographic map and slope analysis, as recommended by
the Community Development Director, shall be stamped and signed
by either a registered civil engineer, registered architect, or registered
landscape architect. Average slope is defined as follows:
S= I xL x 100
A x 43,560
Where S = average natural slope, in percent.
1= interval, in feet, of the contour lines.
L= the sum, in feet, of the length of the contour lines,
at selected contour interval "I".
A= the total area, in acres, of the site.
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ORDINANCE NO. 519 C.S.
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7. Parking
A minimum of one off-street parking space shall be provided for each
bedroom in the second residential dwelling unit in addition to the off-
street parking spaces required for the main dwelling. All parking
spaces shall be exclusive of front and street side yard setbacks.
Such parking spaces shall be located in close proximity to the second
residential dwelling unit so as to provide convenient access for the
occupant. Additional parking may be required provided that a finding
is made that the additional parking requirements are directly related
to the use of the second residential dwelling unit and are consistent
with existing neighborhood standards applicable to existing dwellings.
8. Occupancy Requirements
Second residential dwelling units shall not be offered for sale apart
from the primary residence and shall be occupied on a month to
month basis or longer. Either the primary residence or the second
residential dwelling unit must be occupied by the owner of the
property.
9. Driveway Access
Second residential dwelling units shall be served by the same
driveway access to the street as the primary residence.
10. Performance Standards
For establishing conditional use criteria, the Community Development
Director shall consider the adequacy of water, sewer, drainage, fire
and emergency services, and the impact of additional dwelling units
on traffic flow.
11. Deed Restriction
A deed restriction shall be recorded against the title of the property
containing a second residential dwelling unit prior to issuance of a
building permit. Such deed restriction shall stipulate that the second
dwelling unit cannot be sold and the owner of the property must
occupy one of the units on the premises.
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ORDINANCE NO. 519 C.S.
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12. Utility Meters
Only one electric, one gas and one water meter shall be allowed on
the property and shall serve both the primary residence and the
second residential dwelling unit. Applicable utility fees for the second
residential unit will be assessed at the time a building permit is issued.
13. Other Conditions
Second residential dwelling units shall comply with such other
conditions or standards which, in the judgment of the City, are
necessary or appropriate to mitigate possible adverse impacts on the -
neighborhood.
D. FINDINGS
The Planning Commission may issue a conditional use permit for a second residential
dwelling unit as applied for or in modified form, if on the basis of the application and the
evidence submitted, the Planning Commission makes all of the following findings.
1. The proposed second dwelling unit complies with the standards
described in Section 9-11.140.C.
2. The second dwelling unit will not unreasonably interfere with the
privacy otherwise available to residents of adjoining properties.
3. The proposed second dwelling unit is designed to be compatible with
the exterior appearance and character of the existing neighborhood.
4. The proposed second dwelling unit is designed to be compatible with
the existing main dwelling unit in terms of architectural style, bulk,
height, materials, colors and landscaping.
5. The proposed second dwelling unit will not cause unreasonable noise,
traffic congestion, parking congestion or overload existing public
facilities or utilities.
E. STATE LAW APPLICABLE
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ORDINANCE NO. 519 C.S.
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The provisions of this Section shall be subordinate to and superceded by the
controlling provisions of any applicable State law or laws.
F. IllEGAL SECOND RESIDENTIAL DWELLING UNIT
The establishment or continuance of a second residential dwelling unit without a
Conditional Use Permit or contrary to the provisions of this Section is declared to be
unlawful and shall constitute a misdemeanor and a public nuisance.
SECTION 2: Arroyo Grande Municipal Code Table 9-06.040-A is amended as follows:
Table 9-06.040 A Uses Permitted Within Residential Districts
USE RE RH RR RS SF VR MF MFA SR MHP
15. Second Residential NP C C C C C C C C NP
Dwelling Unit
SECTION 3: Arroyo Grande Municipal Code Chapter 9-18 DEFINITIONS is amended as
follows:
Second Dwelling Unit: A detached or attached dwelling unit that provides
complete, independent living facilities for one or more persons. It shall include
permanent provisions for living, sleeping, eating, cooking, and sanitation on the
same parcel or parcels upon which the primary unit is situated.
SECTION 4: If any section, subsection, subdivision, paragraph, sentence, clause or
phrase of this Ordinance or any part thereof is for any reason held to be unlawful, such
decision shall not affect the validity of the remaining portion of this Ordinance or any
part thereof. The City Council hereby declares that it would have passed each section,
subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of
the fact that anyone or more section, subsection, subdivision, paragraph, sentence,
clause or phrases be declared unlawful.
SECTION 5: A summary of this Ordinance shall be published in a newspaper published
and circulated in the City of Arroyo Grande at least five (5) 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 Director
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ORDINANCE NO. 519 C.S.
PAGE 8
of Administrative Services/Deputy City Clerk. Within fifteen (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 Director of
Administrative Services/Deputy City Clerk shall post a certified copy of the full text of
such adopted Ordinance.
SECTION 6: This Ordinance shall become effective thirty (30) days after the date of
its adoption.
On motion of Council Member Runels, seconded by Council Member Dickens and on
the following roll call vote, to-wit:
AYES: Council Members Runels, Dickens, Ferrara and Mayor Lady
NOES: Council Member Tolley
ABSENT: None
the foregoing Ordinance was adopted this 14th day of November, 2000.
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ORDINANCE NO. 519 C.S.
PAGE 9
MICHAEL =~:l~b/
ATTEST:
I /.~
MORE, DIRECTOR OF ADMINISTRATIVE SERVICES!
DEPUTY CITY CLERK
APPROVED AS TO CONTENT:
~~~-"-l._
STEVEN ADAMS, CITY MANAGER
AS TO FORM:
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OFFICIAL CERTIFICATION
I, KELL Y WETMORE, Director of Administrative Services/Deputy City Clerk of
the City of Arroyo Grande, County of San Luis Obispo, State of California, do
hereby certify under penalty of perjury, that the attached Ordinance No. 519 C.S.
. is a true, full, and correct copy of said Ordinance passed and adopted at a
regular meeting of the City Council of the City of Arroyo Grande on the 14th day
of November, 2000.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 16th
day of. November, 2000.
, ill 'l (lftl/}-U(-
ORE, DIRECTOR OF ADMINISTRATIVE SERVICESI
DEPUTY CITY CLERK
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