CC 2017-10-10_10a PP_Intro Ord_ADU_Rooftop Decks_Underground UtilitiesCONSIDERATION OF DEVELOPMENT CODE AMENDMENT 17-002
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ADUs
SB 1069 & AB 2299 reduce barriers on ADU development
Reduce parking standards, regulatory burdens, permitting and impact costs, etc.
A number of changes proposed are legally required for local Municipalities to conform with
Current Arroyo Grande ADU ordinance is null and void until brought into conformance with state law
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Summary of Changes - ADU
Legally Required:
Secondary dwelling units shall now be referred to as ADUs;
Setbacks for ADUs constructed above garages must be reduced to 5’;
On-site parking may not be required when the new ADU is located within ½ mile of a transit stop (including bus stop), located within the D-2.4 Historic Character Overlay District, the
ADU is a conversion of existing space, etc.; and
Replacement parking may be provided in a variety of configurations.
Optional:
Removal of requirement for ADUs to be occupied on a month-to-month basis
MF zoned ADUs will not require the property owner to reside on-site
Modification to building separation requirement
Twice the applicable side yard setback to as required per underlying zoning district
Increase of maximum ADU size in the Village Residential Zoning District from 640 sq. ft. to 850 sq. ft.
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AIA Review
Planning Commission recommended consultation with the AIA given comments provided during their consideration
AIA provided comments recommending optional changes:
VR Maximum Size – 640 sq. ft. to 850 sq. ft.
Minimum separation – twice the side yard setback to minimum separation found in Table 16.32.050-A
Some changes recommended in order to modify ADU Ordinance to be more in conformance with the intent of new ADU laws.
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Public Comment
Correspondence received regarding ADUs being rented as short-term rentals
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Advantages and Disadvantages
Advantages: Bringing AGMC Section 16.52.150 into conformance with State law will re-enable the City to have local control over the establishment and construction of ADUs
Disadvantages: None identified
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Rooftop Decks
Staff requested a Development Code Interpretation from the Planning Commission if rooftop decks should be considered separate stories and require issuance of a Minor Use Permit – Viewshed
Review
PC directed development of Ordinance instead
Establish a series of design regulations to simplify the permitting process and remove regulatory barriers
Guidelines are meant to replace the Minor Use Permit- Viewshed Review process for rooftop decks
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Summary of Changes – Rooftop Decks
Rooftop decks constructed above single-story structures shall not require a VSR
Standards include:
Additional setbacks on all yards;
Access shall be architecturally integrated, ideally located interior;
Guards or guardrails and accessory items such as proposed furniture shall count towards maximum height of a structure
Lighting shall be designed to prevent excessive impact
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Advantages and Disadvantages
Advantages: Simplified process for development
Disadvantages: Possible privacy impacts will occur that would have been reviewed during the VSR process, does not provide for neighboring property notification
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Service Drop Undergrounding
Current requirement to underground utilities when more than 100 sq. ft. of habitable space is added.
Waived if undergrounding costs more than 25% of project cost sans undergrounding costs
Recommendation received from local contractor to potentially relax standards in comparison to other local jurisdictions
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Undergrounding Changes
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.
Originally proposed to be 300 sq. ft. – PC recommended increase to 500 sq. ft.
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Advantages and Disadvantages
Advantages: Reduction of financial burden when considering minor residential projects
Disadvantages: Slowed rate of removal of overhead utility lines
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Environmental Review
In compliance with the California Environmental Quality Act (CEQA), the Community Development Department has determined that the project 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
categorically exempt per Section 15308 of the Guidelines regarding actions by regulatory agencies for protection, maintenance, and enhancement of the environment.
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Public Notification
Public Hearing notice published in The Tribune and posted at City Hall/Website
Agenda posted in accordance with GC § 54954.2
One comment received regarding ADUs used as Vacation Rentals or Homestays
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Recommendation
It is recommended that the City Council introduce the revised Ordinance provided in the supplemental memo, amending Title 16 of the Arroyo Grande Municipal Code regarding accessory dwelling
units for compliance with State law as well as rooftop decks and undergrounding of utilities.
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