CC 2017-10-24_09f Adopt Ordinance ADU Rooftop Deck_Undergrounding Utility
MEMORANDUM
TO: CITY COUNCIL
FROM: TERESA MCCLISH, COMMUNITY DEVELOPMENT DIRECTOR
BY: SAM ANDERSON, PLANNING TECHNICIAN
SUBJECT: CONSIDERATION OF ADOPTION OF ORDINANCE - 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 24, 2017
SUMMARY OF ACTION:
Adopt an Ordinance modifying City rules for accessory dwelling units, rooftop decks,
and the threshold triggering the requirement to underground utilities.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
There is no new direct impact to financial and personnel resources.
RECOMMENDATION:
It is recommended that the City Council adopt an Ordinance 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.
BACKGROUND:
On October 10, 2017, the City Council unanimously introduced the proposed Ordinance
amending Title 16 of the Arroyo Grande Municipal Code (AGMC) regarding accessory
dwelling units for compliance with State law as well as rooftop decks and
undergrounding of utilities with the following modification:
1. Remove AGMC Subsection 16.52.150.C.10 which stated “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
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CITY COUNCIL
CONSIDERATION OF DEVELOPMENT CODE AMENDMENT CASE NO. 17-002
OCTOBER 24, 2017
PAGE 2
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.”
The ordinance is now before the Council for adoption. The Ordinance will become
effective thirty (30) days after final passage of the Ordinance.
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
1. Adopt the Ordinance as proposed;
2. Modify and reintroduce the Ordinance;
3. Provide direction to staff.
ADVANTAGES:
Adoption of the Ordinance will bring AGMC Section 16.52.150 into conformance with
State law, reduce regulatory barriers for the construction of rooftop decks, and reduce
the financial impact of the AGMC undergrounding requirement on small residential
projects.
DISADVANTAGES:
None identified.
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, as well as categorically exempt per Section 15308 of the Guidelines regarding
actions by regulatory agencies for protection, maintenance, and enhancement of the
environment.
PUBLIC NOTIFICATION & COMMENTS:
A summary of the Ordinance was published in The Tribune on October 16, 2017,
pursuant to State law. The Agenda was posted at City Hall and on the City’s website in
accordance with Government Code Section 54954.2. At the time of report publication,
no comment letters have been received.
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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
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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 regulating 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.
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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.
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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 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) 850 square feet
Single-Family (SF) 850 square feet
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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:
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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. 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.
11. 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.
12. 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. 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
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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 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
visual impact to neighboring properties. Interior access or concealed exterior
access is encouraged.
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
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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:
ABSENT:
The foregoing Ordinance was adopted this ____ day of ______________, 2017.
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___________________________________
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
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