PC R 96-1593RESOLUTION NO. 96-1593
A RESOLUTION OF THE PLANNING CONIlVIISSION OF
THE CITY OF ARROYO GRANDE RECONIlVIENDING AN
INTERPRETATION OF THE DEVELOPMENT CODE TO
THE CITY COUNCIL REGARDING THE. CONVERSION OF
AN EXISTING SINGLE FAMII.Y STRUCTURE TO A
SECOND DWELLING tTNIT AND RECOMMENDING A
DEVELOPMENT CODE AMENDMENT
WHEREAS, the Development Code was adopted by the City Council on May 14, 1991,
and became effective on June 13, 1991; and
WHEREAS, Section 9-01.110 (G)(3) of the Development Code provides the Planning
Commission with the authority to clarify ambiguities and uncertainties in the Title; and
WHEREAS, Section 9-01.110 (G)(5) of the Development Code provides the Planning
Commission with the authority and responsibility to make recommendations to the City Council
on Development Code Amendments; and
WIiEREAS, Section 9-11-140 of the Development Code establishes the procedures and
standards for the establishment of second residential dwelling units; and
WAEREAS, the City has received an inquiry regarding the procedures for converting
an existing nonconforming single family residential structure to a second residential dwelling unit
upon completion of a new single family residence on the same lot; and �
WHEREAS, the Planning Commission, after due research and deliberation finds that:
1. As presently written, the Arroyo Grande Development Code does not permit the
conversion of existing single family dwelling units to second residential units, because
the Development Code specifically states the primary dwelling unit must be completed
and occupied prior to filing an application for a second dwelling unit. Furthermore, a
building permit for a new single family residence on the same lot cannot be issued prior
to the issuance of a conditional use permit for the second dwelling unit; and
2. As presently written, the Anoyo Grande Development Code may not permit the
conversion of legally existing nonconforming structures to second residential dwelling
units, because the nonconforming nature of the structure may require a variance and the
Development Code specifically prohibits the granting of variances for second dwelling
units; and
3. The existing Development Code should be amended in order to establish specific
provisions allowing for the conversion of legally existing single family structures to
second residential dwelling units. Furthermore, since many of the older single family
structures may be nonconforming, the Development Code Amendment should include
specific provisions addressing these types of structures. .
Resolution No. 96-1593
Second Dwelling Unit Interpretation .
December 3, 1996 �
Page 2 '
NOW, THEREFORE, BE TT RESOLVED that the Planning Commission of the City
of Arroyo Grande hereby recommends that the City Council direct staff to initiate a
Development Code Amendment in order to establish specific .provisions allowing for the
conversion of legally existing single family structures to second residential dwelling units.
On motion by Commissioner Deviny, seconded by Commissioner Keen, and by the
following roll call vote to wit: ., �
AYES: Commissioners Deviny, Keen, Titus, Lubin and Tappan
NOES: None ' � -
ABSENT: J None
the foregoing Resolution was passed and adopted this 3rd day of December, 1996.
. „.
ATTEST:
1 , �� �
� QM-� : r
L'u e�Breese, Commissian Clerk William Tapp , Chair "
TO CONTENT:
Blanck, Community Development Director