PC R 21-2351RESOLUTION NO. 21-2351
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ARROYO GRANDE RECOMMENDING THE
CITY COUNCIL ADOPT ORDINANCES APPROVING
DEVELOPMENT CODE AMENDMENT NO. 20-001;
AMENDMENTS TO TITLE 16 OF THE ARROYO GRANDE
MUNICIPAL CODE (AGMC) REGARDING ACCESSORY
DWELLING UNITS AND TINY HOMES ON WHEELS;
LOCATION- CITYWIDE
WHEREAS, Section 16.52.150 of the Arroyo Grande Municipal Code (AGMC) contains
the City's existing regulations for Accessory Dwelling Units (ADUs); and
WHEREAS, AGMC Section 16.52.150 of the Arroyo Grande Municipal was last
amended in 2017, after the State legislature had amended Government Code §65852.2
and also added Government Code §65852.22 to provide an option for Junior Accessory
Dwelling Units (JADUs), however, the 2017 amendment to AGMC 16.52.150 did not
include an option for JADUs at that time; and
WHEREAS, in 2019, the California Legislature approved, and the Governor signed into
law a number of bills ("New ADU Laws") that, among other things, amended
Government Code Section 65852.2 and 65852.22 to impose new limits on local
authority to regulate ADUs and JADUs; and
WHEREAS, the New ADU Laws mandate that cities with accessory dwelling unit
ordinances that are inconsistent with the State laws apply the State standards for ADU
and JADU approval; and
WHEREAS, according to the State Department of Housing and Community
Development website the New ADU Laws were adopted to promote the development of
ADUs and JADUs, and include allowing ADUs and JADUs to be built concurrently with
a single-family dwelling, opening areas where ADUs can be created to include all
zoning districts that allow single-family and multifamily uses, modifying fees from
utilities such as special districts and water corporations, limited exemptions or
reductions in impact fees, and reduced parking requirements; and
WHEREAS, the New ADU Laws took effect January 1, 2020, and because the City's
ADU ordinance did not comply with the New ADU Laws, the City's ordinance became
null and void on that date as a matter of law; and
WHEREAS, the City desires to amend its local regulatory scheme for the construction
of ADUs and provide for JADUs and to comply with the amended provisions of
Government Code sections 65852.2 and 65852.22; and
WHEREAS, alternative housing models, such as tiny houses on wheels, can provide
RESOLUTION NO.21-2351
PAGE 2
flexible housing options for a variety of households living at different income levels; and
WHEREAS, this Ordinance adds Tiny Homes on Wheels as a separately regulated
residential use to encourage housing supply, choices, and affordability; and
WHEREAS, Tiny Homes on Wheels will allow for in -fill development that maintains the
scale and character of existing development; and
WHEREAS, Tiny Homes on Wheels will contribute to the equitable distribution of
housing opportunities that are cost accessible to all residents; therefore, reducing
regulatory and procedural barriers to increasing housing production and capacity in
appropriate locations; and
WHEREAS, the City of Arroyo Grande has duly initiated amendments to AGMC
Sections 16.52.150 and 16.52.250; and
WHEREAS, the Planning Commission of the City of Arroyo Grande, after giving notices
thereof as required by law, held a public hearing on August 17, 2021 concerning this
code amendment and carefully considered all pertinent testimony and the staff report
offered in the case as presented; and
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Arroyo Grande hereby recommends the City Council adopt Ordinances approving
Development Code Amendment 20-001 amending Title 16 of the Arroyo Grande
Municipal Code as attached hereto as Exhibit "A" and incorporated herein by this
reference.
On motion by Commissioner Guthrie, seconded by Commissioner Maraviglia, and by the
following roll call vote, to wit:
AYES: Guthrie, Maraviglia, Schiro, Martin
NOES: Buchanan
ABSENT:
the foregoing Resolution was adopted this 17th day of August, 2021.
RESOLUTION NO.21-2351
PAGE 3
r
C-1
GLENN MARTIN
CHAIR
ATTEST:
/,;, " -- - 4 d: �:::
PATRICK HOLUB
SECRETARY TO THE COMMISSION
AS TO CONTENT:
BRIAN PEDROTTI
COMMUNITY DEVELOPMENT DIRECTOR
RESOLUTION NO.21-2351
PAGE 4
EXHIBIT `A'
WHEREAS, Section 16.52.150 of the Arroyo Grande Municipal Code (AGMC) contains
the City's existing regulations for Accessory Dwelling Units (ADUs); and
WHEREAS, AGMC Section 16.52.150 of the Arroyo Grande Municipal was last
amended in 2017, after the State legislature had amended Government Code §65852.2
and also added Government Code §65852.22 to provide an option for Junior Accessory
Dwelling Units (JADUs), however, the 2017 amendment to AGMC 16.52.150 did not
include an option for JADUs at that time; and
WHEREAS, in 2019, the California Legislature approved, and the Governor signed into
law a number of bills ("New ADU Laws") that, among other things, amended
Government Code Section 65852.2 and 65852.22 to impose new limits on local
authority to regulate ADUs and JADUs; and
WHEREAS, the New ADU Laws mandate that cities with accessory dwelling unit
ordinances that are inconsistent with the State laws apply the State standards for ADU
and JADU approval; and
WHEREAS, according to the State Department of Housing and Community
Development website the New ADU Laws were adopted to promote the development of
ADUs and JADUs, and include allowing ADUs and JADUs to be built concurrently with
a single-family dwelling, opening areas where ADUs can be created to include all
zoning districts that allow single-family and multifamily uses, modifying fees from
utilities such as special districts and water corporations, limited exemptions or
reductions in impact fees, and reduced parking requirements; and
WHEREAS, the New ADU Laws took effect January 1, 2020, and because the City's
ADU ordinance did not comply with the New ADU Laws, the City's ordinance became
null and void on that date as a matter of law; and
WHEREAS, the City desires to amend its local regulatory scheme for the construction
of ADUs and provide for JADUs to comply with the amended provisions of Government
Code sections 65852.2 and 65852.22; and
WHEREAS, the approval of ADUs and JADUs based solely on the default statutory
standards, without local regulations governing height, setback, landscape, architectural
review, among other things, would threaten the character of existing neighborhoods,
and negatively impact property values and personal privacy; and
WHEREAS, alternative housing models, such as tiny houses on wheels, can provide
flexible housing options for a variety of households living at different income levels; and
WHEREAS, this Ordinance adds Tiny Homes on Wheels as a separately regulated
RESOLUTION NO.21-2351
PAGE 5
residential use to encourage housing supply, choices, and affordability; and
WHEREAS, Tiny Homes on Wheels will allow for in -fill development that maintains the
scale and character of existing development; and
WHEREAS, Tiny Homes on Wheels will contribute to the equitable distribution of
housing opportunities that are cost accessible to all residents; therefore, reducing
regulatory and procedural barriers to increasing housing production and capacity in
appropriate locations; and
WHEREAS, the City desires to preserve its cultural, historical, and architectural
heritage and resources as living parts of community life that benefit and enrich the lives
of its present and future residents; and
WHEREAS, the City has duly initiated this amendment to the Arroyo Grande Municipal
Code to amend Section 16.52.150, and add Section 16.52.250 to Title 16, Chapter 52
in order to provide regulations relating to Tiny Homes on Wheels; and
WHEREAS, the Planning Commission of the City of Arroyo Grande, after giving notices
thereof as required by law, held a public hearing on August 17, 2021 concerning this
code amendment and carefully considered all pertinent testimony, the staff report, its
attachments and all supporting materials referenced therein or offered in the matter as
presented; and
WHEREAS, on August 17, 2021, the Planning Commission of the Arroyo Grande
recommended to the City Council amending Section 16.52.150 and adding Section
16.52.250 to the Arroyo Grande Municipal Code; and
WHEREAS, the City Council of the City of Arroyo Grande has, after giving notice
thereof as required by law, held a public hearing on '2021, concerning
proposed amendments to AGMC Section 16.52.150 and adding AGMC Section
16.52.250; and
WHEREAS, the City Council of the City of Arroyo Grande, at its regularly scheduled
public meeting on '2021 introduced this Ordinance to amend Section
16.52.150 and add Section 16.52.250 to Title 16, Chapter 52 of the Arroyo Grande
Municipal Code; and
WHEREAS, the City Council has carefully considered all pertinent testimony and the
staff report, its attachments and all supporting materials referenced therein or offered in
the matter as presented at the public hearing.
RESOLUTION NO.21-2351
PAGE 6
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE
DOES ORDAIN AS FOLLOWS:
SECTION 1. The above recitals and findings are true and correct and are incorporated
herein by this reference.
SECTION 2. Section 16.52.150 of the Arroyo Grande Municipal Code is hereby
amended in its entirety to read as follows:
A. Definitions/Prohibited Units.
Accessory Dwelling Unit (ADU): An attached or detached residential dwelling
unit which provides complete independent living facilities for one or more
persons. It shall include permanent provisions for living, sleeping, eating,
cooking, and sanitation and shall be located on the same parcel as the
primary dwelling or multi -family development. An ADU also includes an
efficiency unit and manufactured home as provided in Government Code
Section 65852.20). An ADU may serve as a rental unit for more than 30
days or be occupied by a person or persons including, but not limited to
family members, guests, or caretakers.
2. Junior Accessory Dwelling Unit (JADU): A residential dwelling unit, as
defined in Government Code Section 65852.22, that is no more than 500
square feet in size and contained entirely within an existing or proposed
single-family structure. A JADU shall include an efficiency kitchen, and may
include separate sanitation facilities or share sanitation facilities with the
existing dwelling. A JADU may serve as a rental unit for more than 30 days.
Owner -occupancy of either primary dwelling or JADU is required by state
law.
3. Prohibited Units: Mobile homes, as defined in
and Safety Code, recreational vehicles, trailers,
allowed as ADUs. Tiny Homes on Wheels are
separately defined in Section 16.52.250
B. Where Permitted/Establishment.
Section 18008 of the Health
or similar units, shall not be
allowed as an ADU and are
1. ADUs are permitted in all zoning districts allowing single-family or multifamily
use on lots developed with existing or proposed dwellings.
2. An ADU may be established by the following methods:
a. Attached to, or located within, an existing or proposed primary
dwelling.
b. A new detached structure, or located within or attached to an
accessory structure, including detached garages or similar structures.
RESOLUTION NO.21-2351
PAGE 7
C. Conversion of permitted existing attached or detached accessory
structures, including garages, storage areas, or similar structures.
d. Reconstruction of a permitted existing structure or living area that is
proposed to be converted to an ADU, or a portion thereof, in the same
location and to the same dimensions and setbacks as the existing
structure.
3. A Junior Accessory Dwelling Unit (JADU) may be established within the
space of the primary dwelling, including an attached garage or attached
accessory structure.
4. A JADU may be established within the space of the primary dwelling in
combination with the construction of one detached, new construction ADU
not exceeding 850 square -feet and a height of 16 feet with four -foot side and
rear setbacks.
5. The existing unit may be considered the ADU, in conjunction with the
construction of a new primary dwelling unit built, if all applicable zoning
requirements are met.
6. ADUs shall be permitted on lots developed with existing multi -family
dwellings subject to the following provisions:
a. The property shall be developed with an existing multi -family
structure(s).
b. A minimum of one ADU may be constructed, or up to 25 percent of the
existing unit count, within non -livable space, including, but not limited
to, storage rooms, passageways, attics, basements, or closets.
C. The construction of two detached ADUs with a maximum size of 850
square feet, or 1,000 square feet with more than one bedroom, shall
be permitted in addition to ADUs created within non -livable space,
subject to a maximum height of 16 feet, and four -foot side and rear
setbacks.
d. Existing livable space of multi -family dwelling units shall not be
converted to ADUs.
C. Permit Requirements:
1. The City shall ministerially review and act on a building permit application for
an ADU or JADU within 60 days after receiving the application. An ADU or
RESOLUTION NO.21-2351
PAGE 8
JADU proposed with a permit application for a new primary dwelling shall not
be approved until the primary dwelling receives approval. A certificate of
occupancy for an ADU or JADU shall not be issued before occupancy is
granted for the primary dwelling.
2. Unless otherwise preempted by state law, the design and construction of all
newly constructed ADUs and JADUs shall comply with all applicable
building, housing, zoning and site development standards of the Arroyo
Grande Development Code, including but not limited to standards regarding
setbacks, floor area ratio standards, height, lot coverage, and in the
surrounding neighborhood that are listed in the California Register of Historic
Places. Applicants shall also comply with all applicable fee and charge
requirements, and other applicable zoning requirements.
3. Pursuant to Government Code Section 65852.2(e) (2), the City shall not
require the correction of nonconforming zoning conditions as a condition for
ministerial approval.
D. Development Standards.
1. ADU Type, Location & Size.
a. Attached Unit: An ADU attached to an existing primary dwelling shall
have a minimum size of 150 square feet and shall not exceed 50
percent of the total existing or proposed living area of the primary
dwelling, except as provided by the By -Right Provision below.
b. Detached Unit: An ADU structurally independent and detached from
the existing primary dwelling shall have a minimum size of 150 square
feet and shall not exceed 1,200 square feet.
C. Conversion of Existing Structure: An ADU constructed within the
footprint of an existing dwelling or attached or detached structure shall
not be subject to a maximum square -footage of living area.
d. By -Right Provision: An attached or detached ADU with a maximum
size of 850 square -feet or 1,000 square -foot with more than one
bedroom shall be permitted in any circumstance subject to a maximum
height of 16 feet, four -foot side and rear setbacks, and compliance
with all building codes. No minimum lot size or lot coverage
requirement shall apply.
e. ADUs shall have independent exterior access from the primary
dwelling. No passageway to the primary dwelling shall be required.
RESOLUTION NO.21-2351
PAGE 9
f. Maximum Slope. The building site upon which the accessory dwelling
unit will be constructed shall not have an average slope in excess of
twenty (20) 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=IxLx100
A x 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.
g. ADUs shall not be required to provide fire sprinklers if they are not
required for the primary residence.
2. JADU Location and Size.
a. A JADU shall be constructed entirely within an existing or proposed
primary dwelling and shall not exceed 500 square -feet.
b. JADUs shall have an independent exterior entrance from the primary
dwelling, but may also include shared access between the two units.
3. Required Setbacks.
a. An attached or detached ADU not exceeding 850 square feet or 1,000
square feet with more than one bedroom, and a height no greater than
16 feet shall provide a minimum setback of four feet from the side and
rear property lines. ADUs exceeding the maximum square footage or
height specified in this provision shall be subject to compliance with
setbacks of the underlying zoning district.
b. Cornices and eaves may project into the required yards by no more
than one foot.
RESOLUTION NO.21-2351
PAGE 10
C. ADUs shall comply with the front yard setback and be located on the
rear portion of a parcel whenever possible.
d. When an ADU is created within an existing structure, the side and rear
setbacks must be sufficient for fire safety as determined by the Fire
Department.
e. No setback shall be required for an existing garage or accessory
structure converted, or portion thereof, to an ADU and no setback shall
be required for a new structure constructed in the same location and
same dimensions as an existing structure.
f. An ADU constructed above an existing garage or dwelling unit,
exceeding 16 -feet in height, shall meet the side and rear setbacks of
the underlying zoning district.
g. Roof top decks shall be permitted subject to the provisions of Section
16.48.180.
h. Staircases serving an ADU shall provide a minimum setback of four
feet from the side and rear property lines subject to approval by the
Fire Department.
4 Height and Maximum Lot Coverage.
ADUs exceeding 850 square feet or 1,000 square feet with more than one
bedroom, and/or a height of 16 feet shall comply with the height, floor -area
ratio, and maximum lot coverage of the underlying zoning district.
5. Parking.
a. One additional off-street parking space shall be required per unit; with
exceptions per subsection g, below.
b. No parking space shall be required for an ADU or JADU established
within an existing structure.
C. Parking spaces shall be a minimum dimension of 9 foot by 18 foot
except as specified below.
d. Parking spaces may be located in any configuration on the same lot as
the ADU, including, but not limited to, as covered spaces, uncovered
spaces, tandem spaces, or by the use of mechanical automobile
parking lifts.
e. Required off-street parking shall be permitted in front, side, and rear
setback areas subject to the following:
i. Parking may be located on an existing driveway but shall not block
sidewalk access or encroach into the public right-of-way.
RESOLUTION NO.21-2351
PAGE 11
ii. Parking spaces within a side yard must have a minimum clear
space width of 10 -feet. Vehicles shall not block exterior windows or
doors of a dwelling or access to utility boxes or meters.
iii. Vehicles must be parked on an acceptable surface of concrete,
asphalt, gravel, brick, permeable paver or other stable, dust -free
surface.
iv. No more than 50% of a front yard shall be dedicated to vehicle
parking.
v. No parking shall be allowed in front yard landscaping areas.
vi. Access to on-site parking spaces shall be provided via an approved
driveway location only.
f. When a garage, carport, or covered parking structure that provides the
required spaces for the primary dwelling is demolished or converted in
conjunction with the construction of an ADU, no replacement parking
shall be required.
g. Parking Exemption: As required by Government Code Section 65852.2(d),
parking space for an ADU shall not be required in any of the following
instances:
i. The ADU is located within one-half mile walking distance of public
transit.
ii. The ADU is located within an architecturally and historically
significant historic district.
iii. The ADU is part of the existing or proposed primary residence or
an existing accessory structure.
iv. When on -street parking permits are required but not offered to the
occupant of the ADU.
v. When there is a car share vehicle located within one block of the
ADU.
5. Architectural Compatibility.
a. ADUs that are attached to the primary dwelling or created through the
conversion of an existing structure shall incorporate the same colors,
materials, and architectural features as the primary residence.
RESOLUTION NO.21-2351
PAGE 12
6. Impact Fees & Utilities.
a. An ADU under 750 square feet shall not be charged development impact
fees. An ADU equal to or greater than 750 square feet may be charged
development impact fees. These development impact fees shall be
proportional to the square footage of the main dwelling and calculated
using the ADU square footage.
b. ADUs and JADUs shall comply with water and sewer requirements as
determined by the Public Works Department.
c. The City shall not require a new or separate utility connection or impose a
related connection fee or capacity charge for ADUs or JADUs that are
contained within an existing residence or accessory structure. Pursuant to
Government Code Section 65852.2(f)(5) an ADU not built within the
existing space of a single family house or accessory structure may be
required to obtain a new or separate utility connection as determined by
the Public Works Department and may be subject to a connection fee or
capacity charge based on its square footage or the number of its drainage
fixtures unit values.
G. Conditions.
1. An ADUMADU shall not be sold or otherwise conveyed separate from the
primary residence.
2. An ADUMADU may serve as a rental unit or be occupied by family
members, guests, or in-home health care providers, and others at no cost.
3.
G9V m t (merle C hien B-595rl 7 and IAD r, shall he renter) fer terrv�c.
dvTerii,-r,eic-w�ve6 ........................
v; multi family nreneFtiJsqall be,ubjest to this—. isien, wGept the
reStFif.tieR shall Rotapply toexistin g m... I mi" Unit . Neither the
ADUMADU nor the primary dwelling unit shall be rented for a term of less
than 31 days. ADUs on multi -family properties shall be subject to this
provision, except the restriction shall not apply to existing multi -family units.
4. Owner -occupancy shall be required for a property developed with a JADU.
The owner may reside in either the primary dwelling or the JADU.
5. The property owner shall record a covenant, approved as to form by the
City Attorney, declaring compliance with each and every condition
referenced in this section.
RESOLUTION NO.21-2351
PAGE 13
SECTION 3. Section 16.52.250 is hereby added to Title 16, Chapter 52 of the Arroyo
Grande Municipal Code to read as follows:
16.52.250 — Tiny Homes on Wheels (THOW)
A. Purpose. Tiny Homes on Wheels shall be considered an additional type of
Accessory Dwelling Unit, allowed as an accessory use to a single-family
residential dwelling, consistent with Government Code, Section 65852.2,
subdivision (g) which allows cities to adopt less restrictive requirements than the
State -mandated minimums for Accessory Dwelling Units. A Tiny Home on
Wheels that meets the definition in this Section may be built and occupied as a
new detached Accessory Dwelling Unit, subject to the ministerial review and
approval of an application if it complies with the standards of this Section.
B. Definition. A Tiny Home on Wheels (THOW) is a structure intended for
separate, independent living quarters for one household that meets all of the
following conditions:
Is a detached self-contained unit, designed and built to look like a
conventional building structure, and which includes basic functional areas
that support normal daily routines such as cooking, sleeping, toilet and
bathing facilities; and
2. Is licensed and registered with the California Department of Motor
Vehicles; and
3. Meets the American National Standards Institute (ANSI) 119.5
requirements or the National Fire Protection Association (NFPA) 1192
standards, and is certified for ANSI or NFPA compliance. Certification
must be made by a qualified third -party inspector; and
4. A pre=fabricated or manufactured THOW shall bear they California insignia
u. .
of Approval issued, by an
`approved cer#ifymg,vagency to demonstrate
compliance with electrical, .,heat"producing," plumbing; and fire and life
safety systems and equipment; Arid
5. Is towable by a bumper hitch, frame -towing hitch, or fifth -wheel
connection, cannot move under its own power and is no larger than
allowed by California State Law for movement on public highways; and
6. Has a minimum living area of 100 square feet and maximum of 400
square feet as measured within the exterior faces of the exterior walls.
Tiny Homes on Wheels do not include an RV, camper, trailer, or manufactured
home as defined in Section 18010 of the California Health and Safety Code.
RESOLUTION NO.21-2351
PAGE 14
C. Criteria. Notwithstanding any other provision of this Code to the contrary, a Tiny
Home on Wheels (THOW) shall be allowed as a type of detached Accessory
Dwelling Unit on a lot consisting of a single-family dwelling. A THOW shall
cannot be attached to or located within a primary residence, or created through
the conversion of an existing structure, as shall be subject to all of the following
criteria:
1. Number. One THOW shall be allowed in all residential zones with an
existing single-family dwelling. No THOW shall be allowed if there is a
permitted Accessory Dwelling Unit. A THOW shall be removed prior to
granting final occupancy for an Accessory Dwelling Unit.
2. Limitation on Use. A THOW shall not be utilized as a short-term rental of
less than 30 days.
3. Location. A THOW shall be located behind the primary residence unless
there is no feasible alternative with a minimum setback of four (4) feet
from any interior side or rear property line, and ten (10) feet from a street
side lot line.
4. Skirting. The THOW undercarriage (wheels, axles, tongue and hitch) shall
be skirted and hidden from view. The THOW shall not have its wheels
removed.
5. Parking and surface. The THOW shall be parked on a paved or alternate
pad that includes bumper guards, curbs, or other installations adequate to
prevent movement of the THOW. The wheels and leveling or support
jacks must sit on a paving surface that meet either of the following criteria:
a. A parking area for a moveable THOW shall be paved with hard,
durable asphaltic paving that is at least two inches thick after
compaction, or with cement paving at least three inches thick; or
b. Alternative paving materials may consist of porous asphalt, porous
concrete, permeable interlocking concrete pavers, permeable pavers,
decomposed granite, crushed rock or gravel, plastic or concrete grid
system confined on all sides and filled with gravel or grass in the voids,
or other similar materials that meet the following requirements:
Permeable interlocking concrete pavers and permeable pavers
shall have a minimum thickness of 80 mm (3.14 inches); and
Products and underlying drainage material shall be installed to
meet manufacturers' specifications. Sub -grade soils shall be
RESOLUTION NO.21-2351
PAGE 15
compacted as required to meet the product installation
specifications;
iii. No additional parking shall be required for the THOW, and
displaced parking resulting from the placement of THOW is not
required to be replaced.
6. Utilities. The THOW shall be connected to electric, water, and sewer
utilities.
7. Design. The THOW shall resemble the general appearance of a
traditional home and incorporate all of the following design elements:
a. Cladding and trim: Materials used on the exterior of THOW shall
exclude single piece composite laminates, or interlocked metal
sheathing;
b. Windows and doors: Windows shall be at least double pane glass,
and include exterior trim. Windows and doors shall not have rounded
corners;
C. Roofing: Roofs shall have a minimum of a 1:12 pitch for greater
than 50 percent of the roof area. Exceptions to this provision may be
made for designs that incorporate openings to provide light and air
flow for the occupants.
d. Mechanical equipment shall be incorporated into the structure and
not be located on the roof.
e. Decks: Attached patios, decks, landings, or similar architectural
features, whether covered or uncovered, shall be open on at least two
sides and are limited to 100 percent of the floor area of the THOW.
B. Height. A THOW shall not exceed one story.
SECTION 4. This Ordinance is exempt from the California Environmental Quality Act in
accordance State CEQA Guidelines, Article 18: Statutory Exemptions, Section
15282(h).This section of CEQA provides a statutory exemption for "the adoption of an
ordinance regarding second units [accessory dwelling units] in a single-family or
multifamily residential zone by a city or county to implement the provisions of Sections
65852.1 and 65852.2 of Government Code as set forth in Section 21080.17 of the
Public Resources Code." The City Clerk shall file a Notice of Exemption from CEQA
review in accordance with CEQA Guidelines.
RESOLUTION NO.21-2351
PAGE 16
SECTION 5. A summary of this Ordinance shall be published in a newspaper published
and circulated in the City of Arroyo Grande at least five (5) days prior to the City Council
meeting at which the proposed Ordinance is to be adopted. A certified copy of the full
text of the proposed Ordinance shall be posted in the office of the 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 6. This Ordinance shall take effect and be in full force and effect thirty (30)
days after its passage.
SECTION 7. If any section, subsection, sentence, clause, or phrase of this Ordinance is
for any reason held to be invalid or unconstitutional by a decision of any court of
competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this Ordinance. The City Council hereby declares that it would have passed
this Ordinance and each and every section, subsection, sentence, clause, or phrase not
declared invalid or unconstitutional without regard to whether any portion of the
ordinance would be subsequently declared invalid or unconstitutional.
On motion by Council Member
the following roll call vote to wit:
AYES:
NOES:
ABSENT:
, seconded by Council Member , and by
the foregoing Ordinance was adopted this day of , 2021.
RESOLUTION NO.21-2351
PAGE 17
CARON RAY RUSSOM, MAYOR
ATTEST:
JESSICA MATSON, CITY CLERK
APPROVED AS TO CONTENT:
WHITNEY McDONALD, CITY MANAGER
APPROVED AS TO FORM:
TIMOTHY J. CARMEL, CITY ATTORNEY
I