PC R 17-2281 RESOLUTION NO. 17-2281
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ARROYO GRANDE RECOMMENDING THE CITY COUNCIL ADOPT AN
ORDINANCE APPROVING DEVELOPMENT CODE AMENDMENT NO.
17-002; AMENDING TITLE 16 OF THE ARROYO GRANDE MUNICIPAL
CODE REGARDING ROOFTOP DECKS, ACCESSORY DWELLING
UNITS, AND UNDERGROUND UTILITIES; LOCATION — CITYWIDE
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 Planning Commission 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 1st, 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
RESOLUTION NO. 17-2281
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 Planning Commission finds, after due study, deliberation and public
hearing that the proposed Ordinance will further promote the health, safety and welfare
of the community 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.
NOW THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Arroyo Grande hereby recommends the City Council adopt an Ordinance approving
Development Code Amendment No. 17-002 amending Title 16 of the Arroyo Grande
Municipal Code as attached hereto as Exhibit "A" and incorporated herein by this
reference.
On a motion by Commissioner Martin, seconded by Commissioner Schiro and by the
following roll call vote to wit:
AYES: Martin,"Schiro, Fowler-Payne, Mack •
NOES: None
ABSENT: George
The foregoing Resolution was adopted this 1st day of August, 2017.
C---21/LecTh j/(0,2:—
GLENN MARTIN
CHAIR
ATTEST:
DEBBIE WEICHINGER .
SECRETARY TO THE COMMISSION
AS TO CONTENT:
TER A CLISH
COMMUNITY DEVELOPMENT DIRECTOR
EXHIBIT A
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ARROYO GRANDE AMENDING TITLE 16 OF THE
ARROYO GRANDE MUNICIPAL CODE REGARDING.
ROOFTOP DECKS, ACCESSORY DWELLING UNITS,
AND UNDERGROUND UTILITIES
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
resulfin 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 1st, 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
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 has held a duly noticed public hearing on TBD, 2017 and,
after consideration of all testimony and relevant evidence, has 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.
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 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 - Second residential dwellings Accessory Dwelling Units.
A. Purpose and Intent. The purpose of these standards is to ensure that second
residential dwellings 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
second dwellings 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. --__ _ - _- - - _ .- •: Accessory dwelling units may be permitted in any
residential district, subject to the standards set forth in this section.
ORDINANCE NO.
PAGE 4
2. Second residential dwellings 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 second dwelling 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 second residential dwelling accessory dwelling unit" shall
mean a dwelling that is either combined within the living area or attached to the
primary residence. A "detached -__ _ - .e-' •- _ ..- -: 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 second residential dwelling 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 second residential
dwelling 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 second residential dwelling 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 a second
dwelling 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 second residential dwellingaccessory 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 -__ _ - _ -- _ e .• - '-:accessory dwelling
unit shall be architecturally compatible with the primary residence and the
ORDINANCE NO.
PAGE 5
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 second dwellingaccessory dwelling unit in each residential
zoning district. In no case shall the square footage of an accessory dwelling unit
second dwelling exceed fifty (50) percent of the square footage of the primary
residence.
Table 16.52.150-A
Maximum Size ofAccessory
Zoning Designation Dwelling Unit
Village Residential (VR) 640 square feet
Single-Family (SF) 850 square feet
Residential Suburban (RS) i 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 second residential
dwellingaccessory 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 I x 100
A x 43,560
ORDINANCE NO.
PAGE 6
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 --_•_ - •_-- . _ .. - '•e 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. All parking spaces shall
e- - _ . - _ _ _ - -- •_- _ _ - _- _ Such parking spaces shall
be located in close proximity to the second residential dwellingaccessory
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. Proposed
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 coniunction 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.
- - ' ----- - - ' - - - . -
must be occupicd by the owner of the property.
ORDINANCE NO.
PAGE 7
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 second
dwellingaccessory dwelling unit is from a different public street than the primary
residence.
11. Deed Restriction. A deed restriction shall be recorded against the title of the
property containing an second residential dwellingaccessory 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 second dwellingaccessory 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.
14. Other Conditions.
a. ---- - - -- - - - •-e Accessory dwelling units shall be served by city
water. Second residential dwellingsAccessory dwelling units shall be prohibited
on lots containing a guesthouse, converted garage, mobile home, or more than
one existing single-family dwelling.
b. _-__ _ - •_-- '_ _ . - •-e 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.
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.
ORDINANCE NO.
PAGE 8
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.
4. 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.
5. 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.
6. 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 16.68.050.6.1.a of the Arroyo Grande Municipal Code is
hereby amended in its entirety as follows:
16.68.050 - Underground utilities
B. Applicability.
1. Service Drops.
a. All projects (discretionary or ministerial) that involve the addition of over eine
hundred (100) 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.
ORDINANCE NO.
PAGE 9
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.
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