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CC 2017-10-10_10a Supplemental No. 1 MEMORANDUM TO: CITY COUNCIL FROM: TERESA McCLISH, DIRECTOR OF COMMUNITY DEVELOPMENT BY: SAM ANDERSON, PLANNING TECHNICIAN SUBJECT: SUPPLEMENTAL INFORMATION AGENDA ITEM 10.a. – OCTOBER 10, 2017 CITY COUNCIL MEETING CONSIDERATION OF DEVELOPMENT CODE AMENDMENT 17-002 – AMENDMENTS TO TITLE 16 OF THE ARROYO GRANDE MUNICIPAL CODE REGARDING ACCESSORY DWELLING UNITS FOR COMPLIANCE WITH STATE LAW; AMENDMENT RELATED TO ROOFTOP DECKS AND THE UNDERGROUNDING OF UTILITIES; LOCATION – CITYWIDE; APPLICANT – CITY OF ARROYO GRANDE DATE: OCTOBER 10, 2017 Attached is correspondence received from the American Institute of Architects California Central Coast Chapter regarding their review of the proposed modifications regarding accessory dwelling units (Attachment 1). Additionally attached are responses to the AIA’s comments on the modifications regarding accessory dwelling units (Attachment 2). Modifications to the accessory dwel ling unit Ordinance to address some of the comments have been incorporated into the draft ordinance. Lastly, in reviewing and responding to the AIA’s comments, it was determined that a clarification should be made to ensure consistency with State Law. Therefore, it is recommended that Subsection 16.52.150.D in Section 2 of the proposed Ordinance be renumbered to Subsection 16.52.150.E and the following be added as Subsection 16.52.150.D in its entirety: 16.52.150 – Accessory Dwelling Units D. Conversion of Existing Space. Notwithstanding anything herein to the contrary, the city shall ministerially approve an application for a building permit to create within a single-family residential zone one accessory dwelling unit per single-family lot if the unit is contained within the existing space of a single-family residence or accessory structure, has independent exterior access from the existing residence, and the side and rear setbacks are sufficient for fire safety. The recommended modifications to the Ordinance are included in Attachment 3 and a clean Ordinance for Council introduction is included in Attachment 4. Attachments: 1. Letter received October 10, 2017 from the AIA 2. Staff responses to AIA comments 3. Proposed Ordinance with recommended changes redlined 4. Clean proposed Ordinance with recommended changes incorporated cc: City Manager City Attorney City Clerk Public Review Binder ______________________________________________________________________________ PO Box 12344, San Luis Obispo, CA 93406 Telephone: 805.439.1611 www.aiacentralcoast.org Teresa McClish Director of Community Development City of Arroyo Grande 300 E. Branch Street Arroyo Grande, CA 93420 RE: Response to Arroyo Grande Draft ADU Ordinance Ms. McClish- On behalf of the AIA Central Coast Chapter, I’d like to thank you for inviting us to participate in your process of revising the City of Arroyo Grande’s Accessory Dwelling Unit (ADU) ordinance. Our membership has a keen interest in this topic and we see an opportunity to contribute as designers that implement the City’s goals and as residents that care for our communities. With larger lots and your compact downtown, Arroyo Grande is ideally suited to take advantage of the positive impacts ADU’s can make to help solve the housing crisis for our area and region. We believe ADU’s create a richer and more diverse community with minimal increase to infrastructural demands. We also recognize that there is a common fear of the unknown by many residents, and we are here to help support you with education and outreach should you desire. The biggest revision we recommend to your ordinance is to simply rephrase the language from a negative voice to a positive voice; to say that ADU’s are allowed almost everywhere, with limitations only where real health and safety findings necessitate. We encourage your Council to further support this opportunity, with goals and measures to significantly reduce barriers toward implementation. The simple act of active support can alter long held attitudes against change and create new housing options at low cost, with the added bonus of bringing Arroyo Grande into compliance with state law. Our membership is committed to supporting great design in the built environment, and believes ADU’s are just a small part of a holistic solution. Thank you for supporting alternative housing options. I’ve included an attachment from California HCD that you may already have, but we found it to be an informative guide to the current state law. Thank you for your consideration, Randy Russom, AIA Vice President / President-Elect AIACCC Cc: AG City Council 16.52.150 - Accessory Dwelling Units A. Purpose and Intent. The purpose of these standards is to ensure that accessory 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 accessory dwelling units. In particular, such dwellings may not be appropriate on hillside lots because of environmental constraints. The addition of a second residential dwelling 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. 16.52.150 - Accessory Dwelling Units. A. Purpose and Intent. The purpose of the se standards is to ensure that accessory 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 accessory dwelling units. In particular, such dwellings may not be appropriate on hillside lots because of environmental constraints. The addition of a second residential dwelling 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. AIA Comment: The state law is quite clear of intent, that ADU’s are an essential component to California’s housing inventory, and therefore all feasible opportunities should promote ADU’s as an alternative. This intent section should outline that ADU’s are welcome except in situations where direct safety findings have been made for unique situations. In other words, reframe this section to be positive rather than pushing where ADU’s are incompatible. B. Applicability. 1. Accessory dwelling units may be permitted in any residential district, subject to the standards set forth in this section. 2. Accessory dwelling units may be attached to or detached from the main dwelling, but are not allowed on the second floor above the primary residence or garage unless approved through the minor use permit – Viewshed Review process. If the accessory dwelling unit is attached to the main dwelling, each shall be served by separate outside entrances. The interior wall(s) of an attached dwelling which separate it from the main unit shall be fire rated ORDINANCE NO. PAGE 2 according to the most recent uniform building code. An "attached accessory dwelling unit" shall mean a dwelling that is either combined within the living area or attached to the primary residence. A "detached accessory dwelling unit" shall mean a dwelling that is not combined within or attached to the primary residence. For the purposes of this chapter, "a dwelling" 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. An accessory dwelling unit may be constructed simultaneously with or after construction of the principal residence. In addition, an existing principal residence may be considered the accessory dwelling unit, and a new residence may be constructed which would then be considered the primary residence, provided the standards set forth in this section are met. AIA Comment: B.2 – This section (2 story limitation) reads as a discretionary approval, clearly not the intent of state law. Definitions of “Attached”, “detached”, “fire walls”… are better referenced in other codes and standards to avoid conflict, or within a ‘definitions’ section of the ordinance so as not to be a dictionary within this section. C. Property Development Standards. The accessory 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, floor area ratio, 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 an accessory dwelling unit shall be six thousand seven hundred-fifty (6,750) square feet, excluding all rights of way and private access easements. 2. Building Separation. A detached accessory dwelling unit shall be located a minimum distance equal to twice the applicable side yard setback from the primary residence. 3. Yard Setbacks. The accessory 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 16.32.050-A and Table 16.32.050-B. Setbacks outlined in Appendix C.W.D.219 as referenced in Table 16.32.050 -B and Table 16.32.050- A shall not be applicable to second residential dwellings. Accessory dwelling units constructed above a garage shall have the setback requiremen ts of five feet (5’) in the side and rear yard, regardless of underlying minimum setback requirements. 4. Architectural Compatibility. The accessory 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. ORDINANCE NO. PAGE 3 5. Maximum Size. Table 16.52.150-A defines the maximum square footage allowed for an accessory dwelling unit in each residential zoning district. In no case shall the square footage of a n accessory dwelling unit exceed fifty (50) percent of the square footage of the primary residence. AIA Comment: C – This requirement for ‘architectural review’ sounds discretionary. Suggest limiting to only issues relating to health, safety, and welfare. C.1 – Other jurisdiction are allowing ADU’s on very small lots (as low as 2,500 in SLO). Limiting ADU’s to larger lots defeats the intent of the state law. Suggest removal of this section. C.2 – Why twice the distance from the Primary, when the units can be attached by state law? C.3 – What about setbacks for existing non-conforming structures due to setback? Can they be converted to an ADU with proper fire resistive construction? Or will they have to be torn down for new construction? Suggest clarification to promote ADU development wherever possible. Table 16.52.150-A Zoning Designation Maximum Size of Accessory Dwelling Unit Village Residential (VR) 640 square feet Single-Family (SF) 850 square feet Residential Suburban (RS) 1,200 sq. ft. for lots ≥ 12,000; 850 s.f. for lots < 12,000 s.f. Residential Rural (RR) 1,200 square feet Residential Hillside (RH) 1,200 square feet Residential Estate (RE) 1,200 square feet Condominium/Townhouse (MF) 1,200 square feet Apartments (MFA) 1,200 square feet Multifamily Very High Density (MFVH) 1,200 square feet Mobilehome Park (MHP) Not Permitted (NP) AIA Comment: VR Zone – 640 SF is a tight for long-term independent living. Suggest an 850 SF minimum to match SF zone. ORDINANCE NO. PAGE 4 6. Maximum Slope. The building site upon which the accessory 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 x L × 100 A × 43,560 Where S = average natural slope, in percent. I = 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. 7. Parking. A minimum of one off-street parking space shall be provided for each bedroom in the accessory dwelling unit, up to a maximum requirement of two off-street parking spaces, in addition to the off -street parking spaces required for the main dwelling. Such parking spaces shall be located in close proximity to the accessory dwelling unit so as to provide convenient access for the occupant. These spaces may be provided as tandem parking, including on an existing driveway or in setback areas, excluding the non-driveway front yard setback. a. Additional parking shall not be required in the following cases: i. If the accessory dwelling unit is located within one-half mile by travelled distance of an existing transit stop; ii. The accessory dwelling unit is located in the D-2.4 Historic Character Overlay District; iii, The accessory dwelling unit is located in a neighborhood where on-street parking permits are required but not offered to the occupant of the accessory dwelling unit; iv. A car share vehicle is located within one block of the accessory dwelling unit. v. The accessory dwelling unit is part of the existing primary residence or an existing accessory structure. AIA Comment: ORDINANCE NO. PAGE 5 C.7 – Parking is a major deterrent to the affordability of ADU’s. Suggest reducing or eliminating the parking requirement as is done in other jurisdictions. With car share and driver services being more common, this requirement promotes spaces for cars r ather than for people, adding density of the built environment to store cars. Many ADU residents may not have or want a car. 8. Replacement Parking. When a garage, carport, or covered parking structure is demolished or converted in conjunction with the construction of an accessory dwelling unit, replacement parking may be located in any configuration on the same lot as the accessory dwelling unit, including, but not limited to, as covered spaces, uncovered spaces, or tandem spaces, or by the use of mechanical automobile parking lifts. This requirement shall not apply to projects described in Arroyo Grande Municipal Code Subsection 16.52.150.C.7.a. 10. Driveway Access. Accessory dwelling units shall be served by the same driveway access to the street as the primary residence. Properties located on a corner of two public streets are allowed a separate access from the primary residence, provided that access for the accessory dwelling unit is from a different public street than the primary residence. AIA Comment: C.10 – As ADU’s are intended as independent living opportunities, the shared driveway requirement seems contrary to state intent. Suggest avoiding the word “shall” or change to provide for design flexibility. 11. Deed Restriction. A deed restriction shall be recorded against the title of the property containing an accessory dwelling unit prior to issuance of a building permit. Such deed restriction shall stipulate that the accessory dwelling units cannot be sold apart from the primary residence and, within Single-Family zoning districts, the owner of the property must occupy one of the dwellings on the premises. The owner occupancy restriction shall not apply to properties containing accessory dwelling units located in Multi-Family zoning districts. 12. Utility Meters. For any lot zoned for multiple family or single-family uses, the accessory dwelling unit may, but is not required to, have an electric, gas, or water meter, or sewer lateral, separate from the primary residence on the property. Applicable utility and development impact fees for the accessory dwelling unit will be assessed at the time a building permit is issued, based on building area and fixtures added. 13. Conditional Use Permit or Minor Use Permit. Any proposed deviation from these standards shall be processed through a conditi onal use permit or minor use permit application as determined by the community development director. AIA Comment: C.13 – The state intent for ADU permitting is as a ministerial approval by right. Any Use Permit process is outside the bounds of state law. Suggest a clearer definition of what ORDINANCE NO. PAGE 6 is allowed and approvals through a simple checklist so as to be compliant with state law. 14. Other Conditions. a. Accessory dwelling units shall be served by city water. Accessory dwelling units shall be prohibited on lots containing a guesthouse, converted garage, mobile home, or more than one existing single-family dwelling. b. Accessory 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. State Law Applicable. The provisions of this section shall be subordinate to and superceded by the controlling provisions of any applicable state law or laws. 16.52.150 - Accessory Dwelling Units 1. 16.52.150 - Accessory Dwelling Units. A. Purpose and Intent. The purpose of these standards is to ensure that accessory 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 accessory dwelling units. In particular, such dwellings may not be appropriate on hillside lots because of environmental constraints. The addition of a second residential dwelling 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. AIA Comment: The state law is quite clear of intent, that ADU’s are an essential component to California’s housing inventory, and therefore all feasible opportunities should promote ADU’s as an alternative. This intent section should outline that ADU’s are welcome except in situations where direct safety findings have been made for unique situations. In other words, reframe this section to be positive rather than pushing where ADU’s are incompatible. Staff Response: Comment noted. No changes recommended at this time. B. Applicability. 1. Accessory dwelling units may be permitted in any residential district, subject to the standards set forth in this section. 2. Accessory dwelling units may be attached to or detached from the main dwelling, but are not allowed on the second floor above the primary residence or garage unless approved through the minor use permit – Viewshed Review process. If the accessory dwelling unit is attached to the main dwelling, each shall be served by separate outside entrances. The interior wall(s) of an attached dwelling which separate it from the main unit shall be fire rated according to the most recent uniform building code. An "attached accessory dwelling unit" shall mean a dwelling that is either combined within the living area or attached to the primary residence. A "detached accessory dwelling unit" shall mean a dwelling that is not combined within or attached to the primary residence. For the purposes of this chapter, "a dwelling" 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. An accessory dwelling unit may be constructed simultaneously with or after construction of the principal residence. In addition, an existing principal residence may be considered the accessory dwelling unit, and a new residence ORDINANCE NO. PAGE 2 may be constructed which would then be considered the primary residence, provided the standards set forth in this section are met. AIA Comment: B.2 – This section (2 story limitation) reads as a discretionary approval, clearly not the intent of state law. Definitions of “Attached”, “detached”, “fire walls”… are better referenced in other codes and standards to avoid conflict, or within a ‘definitions’ section of the ordinance so as not to be a dictionary within this section. Staff Response: The two story limitation is due to the requirements for a Minor Use Permit – Viewshed Review whenever new two story construction takes place on a developed residential property. This process is in place to “preserve the existing scope and character of established single-family neighborhoods and to protect views and aesthetics and other property values in such neighborhoods.” Due to potential viewshed impacts created by new two story construction of an ADU, no change is recommended at this time. Modifications to AGMC Section 16.16.110 would be necessary to modify this requirement. Comment noted. Line breaks and subcategories recommended to be added to B.2 in order to improve section comprehensibility. C. Property Development Standards. The accessory 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, floor area ratio, 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 an accessory dwelling unit shall be six thousand seven hundred-fifty (6,750) square feet, excluding all rights of way and private access easements. 2. Building Separation. A detached accessory dwelling unit shall be located a minimum distance equal to twice the applicable side yard setback from the primary residence. 3. Yard Setbacks. The accessory 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 16.32.050-A and Table 16.32.050-B. Setbacks outlined in Appendix C.W.D.219 as referenced in Table 16.32.050 -B and Table 16.32.050- A shall not be applicable to second residential dwellings. Accessory dwelling units constructed above a garage shall have the setback requirements of five feet (5’) in the side and rear yard, regardless of underlying minimum setback requirements. 4. Architectural Compatibility. The accessory 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. ORDINANCE NO. PAGE 3 5. Maximum Size. Table 16.52.150-A defines the maximum square footage allowed for an accessory dwelling unit in each residential zoning district. In no case shall the square footage of a n accessory dwelling unit exceed fifty (50) percent of the square footage of the primary residence. AIA Comment: C – This requirement for ‘architectural review’ sounds discretionary. Suggest limiting to only issues relating to health, safety, and welfare. C.1 – Other jurisdiction are allowing ADU’s on very small lots (as low as 2,500 in SLO). Limiting ADU’s to larger lots defeats the intent of the state law. Suggest removal of this section. C.2 – Why twice the distance from the Primary, when the units can be attached by state law? C.3 – What about setbacks for existing non-conforming structures due to setback? Can they be converted to an ADU with proper fire resistive construction? Or will they have to be torn down for new construction? Suggest clarification to promote ADU development wherever possible. Staff Comment: C. Architectural compatibility is reviewed at a staff level outside of spec ific design overlay districts. Generally, ADUs are designed in a similar style to the existing primary structure on site. No changes recommended at this time. C.1 The intent of the State ADU laws is to promote denser development through the construction of ADUs. The 6,750 sq. ft. minimum lot size was originally implemented in order to protect community character concerns and is consistent with the minimum parcel size for the Village Residential zoning district, the smallest minimum parcel size in the City. The majority of residential lots in the City are larger than 6,750 sq. ft. No changes recommended at this time. C.2 Comment noted. Minimum building separation recommended to be reduced to minimums allowed in Table 16.32.050-A of the Municipal Code. C.3 No part of the existing ADU Ordinance prohibits conversion of an existing non - conforming portion of a home to an ADU. Any addition would be required to conform to AGMC standards. No changes recommended at this time. Table 16.52.150-A Zoning Designation Maximum Size of Accessory Dwelling Unit Village Residential (VR) 640 square feet Single-Family (SF) 850 square feet Residential Suburban (RS) 1,200 sq. ft. for lots ≥ 12,000; 850 s.f. for lots < ORDINANCE NO. PAGE 4 12,000 s.f. Residential Rural (RR) 1,200 square feet Residential Hillside (RH) 1,200 square feet Residential Estate (RE) 1,200 square feet Condominium/Townhouse (MF) 1,200 square feet Apartments (MFA) 1,200 square feet Multifamily Very High Density (MFVH) 1,200 square feet Mobilehome Park (MHP) Not Permitted (NP) AIA Comment: VR Zone – 640 SF is a tight for long-term independent living. Suggest an 850 SF minimum to match SF zone. Staff Comment: Comment noted. Maximum size of an ADU in the VR Zoning District recommended to be changed to 850 square feet in order to be consistent with the SF Zoning District. Maximum size recommended to remain limited to 50% of the square footage of the primary residence. 6. Maximum Slope. The building site upon which the accessory 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 regis tered civil engineer, registered architect, or registered landscape architect. Average slope is defined as follows: S = I x L × 100 A × 43,560 Where S = average natural slope, in percent. I = 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. ORDINANCE NO. PAGE 5 7. Parking. A minimum of one off-street parking space shall be provided for each bedroom in the accessory dwelling unit, up to a maximum requirement of two off-street parking spaces, in addition to the off -street parking spaces required for the main dwelling. Such parking spaces shall be located in close proximity to the accessory dwelling unit so as to provide convenient access for the occupant. These spaces may be provided as tandem parking, including on an existing driveway or in setback areas, exclud ing the non-driveway front yard setback. a. Additional parking shall not be required in the following cases: i. If the accessory dwelling unit is located within one-half mile by travelled distance of an existing transit stop; ii. The accessory dwelling unit is located in the D-2.4 Historic Character Overlay District; iii, The accessory dwelling unit is located in a neighborhood where on-street parking permits are required but not offered to the occupant of the accessory dwelling unit; iv. A car share vehicle is located within one block of the accessory dwelling unit. v. The accessory dwelling unit is part of the existing primary residence or an existing accessory structure. AIA Comment: C.7 – Parking is a major deterrent to the affordability of ADU’s. Suggest reducing or eliminating the parking requirement as is done in other jurisdictions. With car share and driver services being more common, this requirement promotes spaces for cars rather than for people, adding density of the built environment to store cars. Many ADU residents may not have or want a car. Staff Comment: C.7 Comment noted. Parking requirements for the majority of residential lots will be waived by section 7.a. Parking standards for properties not exempted by section 7.a. are recommended to remain due to previously voiced concerns regarding the impact of ADUs on street parking. 8. Replacement Parking. When a garage, carport, or covered parking structure is demolished or converted in conjunction with the construction of an accessory dwelling unit, replacement parking may be located in any configuration on the same lot as the accessory dwelling unit, including, but not limited to, as covered spaces, uncovered spaces, or tandem spaces, or by the use of mechanical automobile parking lifts. This requirement shall not apply to projects described in Arroyo Grande Municipal Code Subsection 16.52.150.C.7.a. ORDINANCE NO. PAGE 6 10. Driveway Access. Accessory dwelling units shall be served by the same driveway access to the street as the primary residence. Properties located on a corner of two public streets are allowed a separate access from the primary residence, provided that access for the accessory dwelling unit is from a different public street than the primary residence. AIA Comment: C.10 – As ADU’s are intended as independent living opportunities, the shared driveway requirement seems contrary to state intent. S uggest avoiding the word “shall” or change to provide for design flexibility. Staff Comment: C.10 Comment noted. Shared driveways contribute to efficient use of a property and reduce infrastructure and construction costs. Additionally, ADUs are intended t o be accessory structures that maintain and do not impact the character of the primary use of a residential property. Shared driveways also prevent an increase in safety concerns associated with excessive curb cuts on residential streets. Arroyo Grande Eng ineering Standards also require a minimum of twenty two feet (22’) between curb cuts, and a maximum of 36% of lot frontage comprised of driveways. 11. Deed Restriction. A deed restriction shall be recorded against the title of the property containing an accessory dwelling unit prior to issuance of a building permit. Such deed restriction shall stipulate that the accessory dwelling units cannot be sold apart from the primary residence and, within Single-Family zoning districts, the owner of the property must occupy one of the dwellings on the premises. The owner occupancy restriction shall not apply to properties containing accessory dwelling units located in Multi-Family zoning districts. 12. Utility Meters. For any lot zoned for multiple family or single-family uses, the accessory dwelling unit may, but is not required to, have an electric, gas, or water meter, or sewer lateral, separate from the primary residence on the property. Applicable utility and development impact fees for the accessory dwelling unit will be assessed at the time a building permit is issued, based on building area and fixtures added. 13. Conditional Use Permit or Minor Use Permit. Any proposed deviation from these standards shall be processed through a conditional use permit or minor use permit application as determined by the community development director. AIA Comment: C.13 – The state intent for ADU permitting is as a ministerial approval by right. Any Use Permit process is outside the bounds of state law. Suggest a clearer definition of what is allowed and approvals through a simple checklist so as to be compliant with state law. Staff Comment: ORDINANCE NO. PAGE 7 C.13 Comment noted. Proposed ADUs will be approved ministerially unless requesting a deviation from the standards described, similarly to other construction. No change recommended to C.13 at this time. 14. Other Conditions. a. Accessory dwelling units shall be served by city water. Accessory dwelling units shall be prohibited on lots containing a guesthouse, converted garage, mobile home, or more than one existing single-family dwelling. b. Accessory 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. State Law Applicable. The provisions of this section shall be subordinate to and superceded by the controlling provisions of any applicable state law or laws. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING TITLE 16 OF THE ARROYO GRANDE MUNICIPAL CODE REGARDING ACCESSORY DWELLING UNITS FOR COMPLIANCE WITH STATE LAW AND ADDITIONALLY ROOFTOP DECKS AND UNDERGROUNDING OF UTILITIES; LOCATION – CITYWIDE; APPLICANT – CITY OF ARROYO GRANDE WHEREAS, the City of Arroyo Grande (“City”) currently does not regulate rooftop decks; and WHEREAS, the City, through the Minor Use Permit – Viewshed Review process, does regulate similar second story additions with similar impacts; and WHEREAS, the City Council finds that, unless properly regulated, rooftop decks can result in adverse impacts to adjacent properties; and WHEREAS, The purpose of these regulations is to ensure that new rooftop decks constructed in the City conform to the scale and character of the neighborhood in which they are located and do not unnecessarily or unreasonably infringe upon the privacy of adjacent properties.; and WHEREAS, on September 27th, 2016, Assembly Bill (AB) 2299 and Senate Bill (SB) 1069 regarding Accessory Dwelling Units (ADUs) were signed into law; and WHEREAS, AB 2299 and SB 1069 became effective January 1 st, 2017; and WHEREAS, AB 2299 and SB 1069 require the City to amend Title 16.52.150 of the Arroyo Grande Municipal Code (AGMC) for consistency with State law; and WHEREAS, this Ordinance further amends the City’s ADU regulations in order to comply with AB 2299 and SB 1069; and WHEREAS, the City currently requires the placement of service connections underground as part of all projects that involve the addition of over one hundred (100) square feet of habitable space; and WHEREAS, the requirement to underground service connections on additions of one hundred (100) square feet discourages minor projects and investments in the City; and WHEREAS, the City wishes to promote growth and minor projects in the City; and ATTACHMENT 3 ORDINANCE NO. PAGE 2 WHEREAS, on August 1, 2017, the Planning Commission held a duly noticed public hearing and recommended the City Council introduce an Ordinance amending the City’s rooftop deck, ADU, and service connection undergrounding regulations; and WHEREAS, the City Council held a duly noticed public hearing on October 10, 2017 and, after consideration of all testimony and relevant evidence, determined that the following Development Code Amendment findings can be made in the affirmative manner: A. The proposed revisions to Title 16 is consistent with the goals, objectives, policies and implementation measures of the General Plan, particularly the Land Use Element, and is therefore desirable to implement the provisions of the General Plan. The proposed Development Code Amendment is consistent with the General Plan by protecting the physical, social, and economic stability and viability of residential, commercial, industrial, public/quasi-public, and open space uses within the City, by reducing or eliminating the visual and aesthetic impacts created by rooftop decks, maintaining the City’s conformance with State regulations regarding ADUs, and reducing barriers to residential growth. B. The proposed revisions to Title 16 will not adversely affect the public health, safety, and welfare or result in an illogical land use pattern. The proposed Development Code Amendment will not adversely affect the public health, safety, and welfare or result in an illogical land use pattern because the amendments proposed will protect the public welfare by regu lating the visual and aesthetic impacts created by rooftop decks, will bring City ADU regulations into conformance with State law, and promote the public welfare by reducing barriers to residential additions. C. The proposed revisions to Title 16 are consistent with the purpose and intent of Title 16. The proposed Development Code Amendment is consistent with the purpose and intent of Title 16 due to the revisions being made to protect the aesthetic and physical advantages through the reduction or elimination of visual and aesthetic impacts of rooftop decks, the protection of the physical and economic stability of the residential market through conformance with State ADU regulations, and the protection of economic stability increasing flexibility of residential additions. D. The potential environmental impacts of the proposed revisions to Title 16 are insignificant, or there are overriding considerations that outweigh the potential impacts. ORDINANCE NO. PAGE 3 The proposed Development Code Amendment is statutorily exempt per Section 15282(h) of the Guidelines regarding projects involving the adoption of an ordinance regarding second units in a single-family or multifamily residential zone by a city, as well as categorically exempt per Section 15308 of the Guidelines regarding actions by regulatory agencies for protection, maintenance, and enhancement of the aesthetic environment. NOW, THEREFORE BE IT ORDAINED by the City Council of the City of Arroyo Grande as follows: SECTION 1. The above recitals and findings are true and correct and incorporated herein by this reference. SECTION 2. Subsection 16.52.150 of the Arroyo Grande Municipal Code is hereby amended in its entirety as follows: 16.52.150 - Accessory Dwelling Units. A. Purpose and Intent. The purpose of these standards is to ensure that accessory 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 accessory dwelling units. In particular, such dwellings may not be appropriate on hillside lots because of environmental constraints. The addition of an accessory dwelling 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. Accessory dwelling units may be permitted in any residential district, subject to the standards set forth in this section. 2. Accessory dwelling units may be attached to or detached from the main dwelling, but are not allowed on the second floor above the primary residence or garage unless approved through the minor use permit – Viewshed Review process. If the accessory dwelling unit is attached to the main dwelling, each shall be served by separate outside entrances. The interior wall(s) of an attached dwelling which separate it from the main unit shall be fire rated according to the most recent uniform building code. a. An "attached accessory dwelling unit" shall mean a dwelling that is either combined within the living area or attached to the primary residence. b. A "detached accessory dwelling unit" shall mean a dwelling that is not combined within or attached to the primary residence. ORDINANCE NO. PAGE 4 c. For the purposes of this chapter, "a dwelling" shall not include a garage or any accessory structure. d. "Primary residence" shall mean an existing detached residential structure that conforms with all applicable zoning regulations. 3. An accessory dwelling unit may be constructed simultaneously with or after construction of the principal residence. In addition, an existing principal residence may be considered the accessory dwelling unit, and a new residence may be constructed which would then be considered the primary resi dence, provided the standards set forth in this section are met. C. Property Development Standards. The accessory 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, floor area ratio, 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 an accessory dwelling unit shall be six thousand seven hundred -fifty (6,750) square feet, excluding all rights of way and private access easements. 2. Building Separation. A detached accessory dwelling unit shal l be located a minimum distance equal to twice the applicable side yard setback from the primary residence that identified for the applicable zoning district in Table 16.32.050-A. 3. Yard Setbacks. The accessory dwelling unit shall have the same minimum y ard setback requirements as the base zone of the primary residence on the parcel as outlined in Table 16.32.050-A and Table 16.32.050-B. Setbacks outlined in Appendix C.W.D.219 as referenced in Table 16.32.050 -B and Table 16.32.050- A shall not be applicable to second residential dwellings. Accessory dwelling units constructed above a garage shall have the setback requirements of five feet (5’) in the side and rear yard, regardless of underlying minimum setback requirements. 4. Architectural Compatibility. The accessory 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. Table 16.52.150-A defines the maximum square footage allowed for an accessory dwelling unit in each residential zoning district. In no case shall the square footage of an accessory dwelling unit exceed fifty (50) percent of the square footage of the primary residence. Table 16.52.150-A Zoning Designation Maximum Size of Accessory Dwelling Unit Village Residential (VR) 640 850 square feet ORDINANCE NO. PAGE 5 Zoning Designation Maximum Size of Accessory Dwelling Unit Single-Family (SF) 850 square feet Residential Suburban (RS) 1,200 sq. ft. for lots ≥ 12,000; 850 s.f. for lots < 12,000 s.f. Residential Rural (RR) 1,200 square feet Residential Hillside (RH) 1,200 square feet Residential Estate (RE) 1,200 square feet Condominium/Townhouse (MF) 1,200 square feet Apartments (MFA) 1,200 square feet Multifamily Very High Density (MFVH) 1,200 square feet Mobilehome Park (MHP) Not Permitted (NP) 6. Maximum Slope. The building site upon which the accessory dwelling unit will be constructed shall not have an average slope in excess of twenty percen t. 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 x L × 100 A × 43,560 Where S = average natural slope, in percent. I = 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. 7. Parking. A minimum of one off-street parking space shall be provided for each bedroom in the accessory dwelling unit, up to a maximum requirement of two off-street parking spaces, in addition to the off -street parking spaces required for the main dwelling. Such parking spaces shall be located in close proximity to the accessory dwelling unit so as to provide convenient access for the occupant. These spaces may be provided as tandem parking, including on an existing driveway or in setback areas, excluding the non -driveway front yard setback. ORDINANCE NO. PAGE 6 a. Additional parking shall not be required in the following cases: i. If the accessory dwelling unit is located within one-half mile by travelled distance of an existing transit stop; ii. The accessory dwelling unit is located in the D-2.4 Historic Character Overlay District; iii, The accessory dwelling unit is located in a neighborhood where on -street parking permits are required but not offered to the occupant of the accessory dwelling unit; iv. A car share vehicle is located within one block of the accessory dwelling unit. v. The accessory dwelling unit is part of the existing primary residence or an existing accessory structure. 8. Replacement Parking. When a garage, carport, or covered parking structure is demolished or converted in conjunction with the construction of an accessory dwelling unit, replacement parking may be located in any configuration on the same lot as the accessory dwelling unit, including, but not limited to, as covered spaces, uncovered spaces, or tandem spaces, or by the use of mechanical automobile parking lifts. This requirement shall not apply to projects described in Arroyo Grande Municipal Code Subsection 16.52.150.C.7.a. 9. Driveway Access. Accessory dwelling units shall be served by the same driveway access to the street as the primary residence. Properties located on a corner of two public streets are allowed a separate access from the prima ry residence, provided that access for the accessory dwelling unit is from a different public street than the primary residence. 10. Deed Restriction. A deed restriction shall be recorded against the title of the property containing an accessory dwelling unit prior to issuance of a building permit. Such deed restriction shall stipulate that the accessory dwelling units cannot be sold apart from the primary residence and, within Single-Family zoning districts, the owner of the property must occupy one of th e dwellings on the premises. The owner occupancy restriction shall not apply to properties containing accessory dwelling units located in Multi-Family zoning districts. 11. Utility Meters. For any lot zoned for multiple family or single-family uses, the accessory dwelling unit may, but is not required to, have an electric, gas, or water meter, or sewer lateral, separate from the primary residence on the property. Applicable utility and development impact fees for the accessory dwelling unit will be assessed at the time a building permit is issued, based on building area and fixtures added. 12. Conditional Use Permit or Minor Use Permit. Any proposed deviation from these standards shall be processed through a conditional use permit or minor use permit application as determined by the community development director. 13. Other Conditions. ORDINANCE NO. PAGE 7 a. Accessory dwelling units shall be served by city water. Accessory dwelling units shall be prohibited on lots containing a guesthouse, converted garage, mobile home, or more than one existing single-family dwelling. b. Accessory 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. Conversion of Existing Space. Notwithstanding anything herein to the contrary, the city shall ministerially approve an application for a building permit to create within a single-family residential zone one accessory dwelling unit per single -family lot if the unit is contained within the existing space of a single-family residence or accessory structure, has independent exterior access from the existing residence, and the side and rear setbacks are sufficient for fire safety. D. E. State Law Applicable. The provisions of this section shall be subordinate to and superceded by the controlling provisions of any applicable state law or laws. SECTION 3. Subsection 16.48.180 of the Arroyo Grande Municipal Code is hereby added in its entirety as follows: 16.48.180 – Rooftop Decks A. Purpose and Intent. The purpose of these regulations is to ensure that new rooftop decks constructed in the City conform to the scale and character of the neighborhood in which they are located and do not unnecessarily or unreasonably infringe upon the privacy of adjacent properties. B. Definition. Any deck supported by a structure, with no portion cantilevered past the exterior walls of the structure it exists upon. C. Applicability. All rooftop decks shall comply with the design standards listed in subsection (D). Rooftop decks constructed above a second story may be permitted only with the approval of a Minor Use Permit – Viewshed Review. Rooftop decks constructed above a single story are exempt from the Minor Use Permit – Viewshed Review requirement. D. Design Standards for Rooftop Decks. 1. Side yard setback. If constructed above a second story, the rooftop deck shall be setback an additional minimum of five feet (5’) from applicable side yard setbacks. 2. Front and rear yard setback. If constructed above a second story, the rooftop deck shall be setback an additional minimum of five feet (5’) from applicable front and rear yard setbacks. 3. Rooftop deck access. Access to the rooftop deck shall be architecturally integrated into the structure and shall be located in such a way to minimize ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING TITLE 16 OF THE ARROYO GRANDE MUNICIPAL CODE REGARDING ACCESSORY DWELLING UNITS FOR COMPLIANCE WITH STATE LAW AND ADDITIONALLY ROOFTOP DECKS AND UNDERGROUNDING OF UTILITIES; LOCATION – CITYWIDE; APPLICANT – CITY OF ARROYO GRANDE WHEREAS, the City of Arroyo Grande (“City”) currently does not regulate rooftop decks; and WHEREAS, the City, through the Minor Use Permit – Viewshed Review process, does regulate similar second story additions with similar impacts; and WHEREAS, the City Council finds that, unless properly regulated, rooftop decks can result in adverse impacts to adjacent properties; and WHEREAS, The purpose of these regulations is to ensure that new rooftop decks constructed in the City conform to the scale and character of the neighborhood in which they are located and do not unnecessarily or unreasonably infringe upon the privacy of adjacent properties.; and WHEREAS, on September 27th, 2016, Assembly Bill (AB) 2299 and Senate Bill (SB) 1069 regarding Accessory Dwelling Units (ADUs) were signed into law; and WHEREAS, AB 2299 and SB 1069 became effective January 1 st, 2017; and WHEREAS, AB 2299 and SB 1069 require the City to amend Title 16.52.150 of the Arroyo Grande Municipal Code (AGMC) for consistency with State law; and WHEREAS, this Ordinance further amends the City’s ADU regulations in order to comply with AB 2299 and SB 1069; and WHEREAS, the City currently requires the placement of service connections underground as part of all projects that involve the addition of over one hundred (100) square feet of habitable space; and WHEREAS, the requirement to underground service connections on additions of one hundred (100) square feet discourages minor projects and investments in the City; and WHEREAS, the City wishes to promote growth and minor projects in the City; and ATTACHMENT 4 ORDINANCE NO. PAGE 2 WHEREAS, on August 1, 2017, the Planning Commission held a duly noticed public hearing and recommended the City Council introduce an Ordinance amending the City’s rooftop deck, ADU, and service connection undergrounding regulations; and WHEREAS, the City Council held a duly noticed public hearing on October 10, 2017 and, after consideration of all testimony and relevant evidence, determined that the following Development Code Amendment findings can be made in the affirmative manner: A. The proposed revisions to Title 16 is consistent with the goals, objectives, policies and implementation measures of the General Plan, particularly the Land Use Element, and is therefore desirable to implement the provisions of the General Plan. The proposed Development Code Amendment is consistent with the General Plan by protecting the physical, social, and economic stability and viability of residential, commercial, industrial, public/quasi-public, and open space uses within the City, by reducing or eliminating the visual and aesthetic impacts created by rooftop decks, maintaining the City’s conformance with State regulations regarding ADUs, and reducing barriers to residential growth. B. The proposed revisions to Title 16 will not adversely affect the public health, safety, and welfare or result in an illogical land use pattern. The proposed Development Code Amendment will not adversely affect the public health, safety, and welfare or result in an illogical land use pattern because the amendments proposed will protect the public welfare by regu lating the visual and aesthetic impacts created by rooftop decks, will bring City ADU regulations into conformance with State law, and promote the public welfare by reducing barriers to residential additions. C. The proposed revisions to Title 16 are consistent with the purpose and intent of Title 16. The proposed Development Code Amendment is consistent with the purpose and intent of Title 16 due to the revisions being made to protect the aesthetic and physical advantages through the reduction or elimination of visual and aesthetic impacts of rooftop decks, the protection of the physical and economic stability of the residential market through conformance with State ADU regulations, and the protection of economic stability increasing flexibility of residential additions. D. The potential environmental impacts of the proposed revisions to Title 16 are insignificant, or there are overriding considerations that outweigh the potential impacts. ORDINANCE NO. PAGE 3 The proposed Development Code Amendment is statutorily exempt per Section 15282(h) of the Guidelines regarding projects involving the adoption of an ordinance regarding second units in a single-family or multifamily residential zone by a city, as well as categorically exempt per Section 15308 of the Guidelines regarding actions by regulatory agencies for protection, maintenance, and enhancement of the aesthetic environment. NOW, THEREFORE BE IT ORDAINED by the City Council of the City of Arroyo Grande as follows: SECTION 1. The above recitals and findings are true and correct and incorporated herein by this reference. SECTION 2. Subsection 16.52.150 of the Arroyo Grande Municipal Code is hereby amended in its entirety as follows: 16.52.150 - Accessory Dwelling Units. A. Purpose and Intent. The purpose of these standards is to ensure that accessory 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 accessory dwelling units. In particular, such dwellings may not be appropriate on hillside lots because of environmental constraints. The addition of an accessory dwelling 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. Accessory dwelling units may be permitted in any residential district, subject to the standards set forth in this section. 2. Accessory dwelling units may be attached to or detached from the main dwelling, but are not allowed on the second floor above the primary residence or garage unless approved through the minor use permit – Viewshed Review process. If the accessory dwelling unit is attached to the main dwelling, e ach shall be served by separate outside entrances. The interior wall(s) of an attached dwelling which separate it from the main unit shall be fire rated according to the most recent uniform building code. a. An "attached accessory dwelling unit" shall mea n a dwelling that is either combined within the living area or attached to the primary residence. b. A "detached accessory dwelling unit" shall mean a dwelling that is not combined within or attached to the primary residence. ORDINANCE NO. PAGE 4 c. For the purposes of this chapter, "a dwelling" shall not include a garage or any accessory structure. d. "Primary residence" shall mean an existing detached residential structure that conforms with all applicable zoning regulations. 3. An accessory dwelling unit may be constructed simultaneously with or after construction of the principal residence. In addition, an existing principal residence may be considered the accessory dwelling unit, and a new residence may be constructed which would then be considered the primary residence , provided the standards set forth in this section are met. C. Property Development Standards. The accessory 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, floor area ratio, 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 an accessory dwelling unit shall be six thousand seven hundred -fifty (6,750) square feet, excluding all rights of way and private access easements. 2. Building Separation. A detached accessory dwelling unit shall be located a minimum distance equal to that identified for the applicable zoning district in Table 16.32.050-A. 3. Yard Setbacks. The accessory dwelling unit shall have the same minimum yard setback requirements as the base zone of the primary residence on th e parcel as outlined in Table 16.32.050-A and Table 16.32.050-B. Setbacks outlined in Appendix C.W.D.219 as referenced in Table 16.32.050 -B and Table 16.32.050- A shall not be applicable to second residential dwellings. Accessory dwelling units constructed above a garage shall have the setback requirements of five feet (5’) in the side and rear yard, regardless of underlying minimum setback requirements. 4. Architectural Compatibility. The accessory 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. Table 16.52.150-A defines the maximum square footage allowed for an accessory dwelling unit in each residential zoning district. In no case shall the square footage of an accessory dwelling unit exceed fifty (50) percent of the square footage of the primary residence. Table 16.52.150-A Zoning Designation Maximum Size of Accessory Dwelling Unit Village Residential (VR) 850 square feet Single-Family (SF) 850 square feet ORDINANCE NO. PAGE 5 Zoning Designation Maximum Size of Accessory Dwelling Unit Residential Suburban (RS) 1,200 sq. ft. for lots ≥ 12,000; 850 s.f. for lots < 12,000 s.f. Residential Rural (RR) 1,200 square feet Residential Hillside (RH) 1,200 square feet Residential Estate (RE) 1,200 square feet Condominium/Townhouse (MF) 1,200 square feet Apartments (MFA) 1,200 square feet Multifamily Very High Density (MFVH) 1,200 square feet Mobilehome Park (MHP) Not Permitted (NP) 6. Maximum Slope. The building site upon which the accessory 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 x L × 100 A × 43,560 Where S = average natural slope, in percent. I = 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. 7. Parking. A minimum of one off-street parking space shall be provided for each bedroom in the accessory dwelling unit, up to a maximum requirement of two off-street parking spaces, in addition to the off -street parking spaces required for the main dwelling. Such parking spaces shall be located in close proximity to the accessory dwelling unit so as to provide convenient access for the occupant. These spaces may be provided as tandem parking, including on an existing driveway or in setback areas, excluding the non -driveway front yard setback. a. Additional parking shall not be required in the following cases: ORDINANCE NO. PAGE 6 i. If the accessory dwelling unit is located within one-half mile by travelled distance of an existing transit stop; ii. The accessory dwelling unit is located in the D-2.4 Historic Character Overlay District; iii, The accessory dwelling unit is located in a neighborhood where on-street parking permits are required but not offered to the occupant of the accessory dwelling unit; iv. A car share vehicle is located within one block of the accessory dwelling unit. v. The accessory dwelling unit is part of the existing primary residence or an existing accessory structure. 8. Replacement Parking. When a garage, carport, or covered parking structure is demolished or converted in conjunction with the construction of an accessory dwelling unit, replacement parking may be located in any configuration on the same lot as the accessory dwelling unit, including, but not limited to, as covered spaces, uncovered spaces, or tandem spaces, or by the use of mechanical automobile parking lifts. This requirement shall not apply to projects described in Arroyo Grande Municipal Code Subsection 16.52.150.C.7.a. 9. Driveway Access. Accessory dwelling units shall be served by the same driveway access to the street as the primary residence. Properties located on a corner of two public streets are allowed a separate access from the primary residence, provided that access for the accessory dwelling unit is from a different public street than the primary residence. 10. Deed Restriction. A deed restriction shall be recorded against the title of the property containing an accessory dwelling unit prior t o issuance of a building permit. Such deed restriction shall stipulate that the accessory dwelling units cannot be sold apart from the primary residence and, within Single-Family zoning districts, the owner of the property must occupy one of the dwellings on the premises. The owner occupancy restriction shall not apply to properties containing accessory dwelling units located in Multi-Family zoning districts. 11. Utility Meters. For any lot zoned for multiple family or single-family uses, the accessory dwelling unit may, but is not required to, have an electric, gas, or water meter, or sewer lateral, separate from the primary residence on the property. Applicable utility and development impact fees for the accessory dwelling unit will be assessed at the time a building permit is issued, based on building area and fixtures added. 12. Conditional Use Permit or Minor Use Permit. Any proposed deviation from these standards shall be processed through a conditional use permit or minor use permit application as determined by the community development director. 13. Other Conditions. ORDINANCE NO. PAGE 7 a. Accessory dwelling units shall be served by city water. Accessory dwelling units shall be prohibited on lots containing a guesthouse, converted garage, mobile home, or more than one existing single-family dwelling. b. Accessory 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. Notwithstanding anything herein to the contrary, the city shall ministerially approve an application for a building permit to create within a single -family residential zone one accessory dwelling unit per single-family lot if the unit is contained within the existing space of a single-family residence or accessory structure, has independent exterior access from the existing residence, and the side and rear setbacks are sufficient for fire safety. E. State Law Applicable. The provisions of this section shall be subordinate to and superceded by the controlling provisions of any applicable state law or laws. SECTION 3. Subsection 16.48.180 of the Arroyo Grande Municipal Code is hereby added in its entirety as follows: 16.48.180 – Rooftop Decks A. Purpose and Intent. The purpose of these regulations is to ensure that new rooftop decks constructed in the City conform to the scale and character of the neighborhood in which they are located and do not unnecessarily or unreasonably infringe upon the privacy of adjacent properties. B. Definition. Any deck supported by a struc ture, with no portion cantilevered past the exterior walls of the structure it exists upon. C. Applicability. All rooftop decks shall comply with the design standards listed in subsection (D). Rooftop decks constructed above a second story may be permi tted only with the approval of a Minor Use Permit – Viewshed Review. Rooftop decks constructed above a single story are exempt from the Minor Use Permit – Viewshed Review requirement. D. Design Standards for Rooftop Decks. 1. Side yard setback. If constructed above a second story, the rooftop deck shall be setback an additional minimum of five feet (5’) from applicable side yard setbacks. 2. Front and rear yard setback. If constructed above a second story, the rooftop deck shall be setback an additional minimum of five feet (5’) from applicable front and rear yard setbacks. 3. Rooftop deck access. Access to the rooftop deck shall be architecturally integrated into the structure and shall be located in such a way to minimize visual impact to neighboring properties. Interior access or concealed exterior access is encouraged. ORDINANCE NO. PAGE 8 4. Maximum height. Guards or guardrails as defined in the Building Code shall be required of all rooftop decks and shall count towards the maximum height of a structure. Furniture and other accessory items shall also count towards the maximum height of a structure. Rooftop deck guards and associated accessory items shall not exceed the maximum height identified in development standards of the underlying Zoning District. 5. Lighting. Lighting shall be designed to prevent unnecessary or excessive lighting impacts onto neighboring properties. Rooftop decks with proposed lighting shall include a lighting plan in submittals demonstrating conformance with this standard. SECTION 4. Subsection 16.68.050.B.1.a of the Arroyo Grande Municipal Code is hereby amended as follows: 16.68.050 - Underground utilities B. Applicability. 1. Service Drops. a. All projects (discretionary or ministerial) that involve the addition of over five hundred (500) square feet of habitable space shall be required to place service connections underground. SECTION 5. If any section, subsection, subdivision, paragraph, sentence, or clause 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, or clause thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, or clause be declared unconstitutional. SECTION 6. 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 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 City Clerk shall post a certified copy of the full text of such adopted Ordinance. SECTION 7. This Ordinance shall take effect thirty (30) days after its adoption. On motion of Council Member , seconded by Council Member , and on the following roll call vote to wit: AYES: NOES: ORDINANCE NO. PAGE 9 ABSENT: The foregoing Ordinance was adopted this ____ day of ______________, 2017. ORDINANCE NO. PAGE 10 ___________________________________ JIM HILL, MAYOR ATTEST: ___ KELLY WETMORE, CITY CLERK APPROVED AS TO CONTENT: ___________________________________ JAMES A. BERGMAN, CITY MANAGER APPROVED AS TO FORM: ___________________________________ HEATHER K. WHITHAM, CITY ATTORNEY