2021-08-03_9a ADU Study SessionMEMORANDUM
TO: PLANNING COMMISSION
FROM: BRIAN PEDROTTI, COMMUNITY DEVELOPMENT DIRECTOR
BY: ANDREW PEREZ, ASSOCIATE PLANNER
SUBJECT: STUDY SESSION FOR THE PLANNING COMMISSION TO REVIEW,
RECEIVE COMMENT AND PROVIDE DIRECTION ON AMENDMENTS
TO TITLE 16 OF THE ARROYO GRANDE MUNICIPAL CODE (AGMC)
REGARDING ACCESSORY DWELLING UNITS AND TINY HOMES ON
WHEELS; DEVELOPMENT CODE AMENDMENT 20-001; LOCATION
–CITYWIDE;
D ATE: AUGUST 3, 2021
SUMMARY OF ACTION:
The purpose of this hearing is to give the Planning Commission an opportunity to review
amendments and provide direction for updates to the accessory dwelling unit (ADU)
ordinance, including tiny homes on wheels (THOW).
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
Review and feedback on the ordinance update will not impact financial or personnel
resources.
RECOMMENDATION:
It is recommended that the Planning Commission review the proposed amendments,
take public comment, and direct staff to return to the Commission for a recommendation
hearing.
BACKGROUND:
The state legislature has identified production of Accessory Dwelling Units (ADUs) as
an important strategy to increase housing statewide. In 2017, the state made significant
changes to the manner by which local governments can regulate ADUs, primarily with
respect to parking, types and sizes of ADUs, approval process and timelines, and utility
fees. In response, the City adopted Ordinance 688 in October 2017, bringing local
regulations consistent with 2017 state law at that time.
W hile state legislators acknowledged that the ADU permitting process was significantly
streamlined as a result of the 2017 legislation, some were concerned that local
jurisdictions’ regulations, such as unit size maximums and impact fees, continued to
Item 9.a - Page 1
PLANNING COMMISSION
CONSIDERATION OF DEVELOPMENT CODE AMENDMENT 20-001
AUGUST 3, 2021
PAGE 2
impede property owners from constructing ADUs. As a result, in October 2019,
Governor Newsom signed new state housing bills that further amended Government
Code §65852.2 and §65852.22 related to regulations for development of ADUs.
Therefore, Title 16 must be amended again for consistency with state law.
ANALYSIS OF ISSUES:
State Legislation
The passage of Assembly Bills 68, 881, 587,670, and 671, and Senate Bill 13 impacted
the City’s regulatory authority over the construction of ADUs. A total of six amendments
to state law for ADUs were included in the 2019 legislation and made effective on
January 1, 2020. Table 1 summarizes each of the six (6) and how each is implemented.
Table 1: 2019 State Law Amendments Affecting ADU Development
Bill Code Section Summary Status
AB 881
AB 68
SB 13
Government
Code §65852.2
Accessory
Dwelling Units
&
§65852.22
Junior
Accessory
Dwelling Units
• Allows ADUs up to 850 square feet or
1,000 square feet on any residential or
mixed-use lot
• Prohibits owner-occupancy
requirement.
• Requires ministerial approval within 60
days of application.
• Prohibits impact fees on ADUs under
750 square feet.
• Prohibits minimum lot size requirements
for ADU
• Reduces parking requirements
• Allows one ADU plus one junior ADU
Amendments
proposed to
Title 16 to
comply
AB 587
New
Government
Code
§65852.22
Option for local agencies to adopt by
ordinance a provision that allows an ADU
to be sold or conveyed separate from the
primary residence if the property was built
or developed by a qualified nonprofit
corporation
Not proposed in
the draft
ordinance.
AB 670
Civil Code
§4751
Removes covenants, conditions, and
restrictions (CC&Rs) in a planned
development that either effectively
prohibit or unreasonably restrict the
construction or use of an ADU or JADU.
Not required to
be incorporated
in the AGMC
AB 671
Government
Code
§65583(c)(7)
Amends housing element law and
requires the City to incentivize and
promote ADUs that can be offered at an
affordable rent.
Addressed in
Housing
Element update
Programs A.2-1
& A.2-2
Item 9.a - Page 2
PLANNING COMMISSION
CONSIDERATION OF DEVELOPMENT CODE AMENDMENT 20-001
AUGUST 3, 2021
PAGE 3
The proposed draft ordinance amends existing the development standards for ADUs,
including allowed locations, setbacks, size limitations, parking, and owner occupancy
(Attachment 1).
Development Standards
Several existing property development standards are required to be amended in
response to the changes to state legislation. The existing ordinance prohibits ADU
development on mixed-use zoned parcels and requires a minimum lot size requirement
of 6,750 square feet. Amendments to state law allow ADUs on any parcel that allows a
residential use, including mixed-use zones, regardless of lot size. An ADU may be
established within an existing or proposed primary dwelling, conversion of an existing
accessory structure, reconstruction of an existing structure proposed to be converted to
an ADU, or construction of a new detached structure.
Perhaps the most significant change mandated by state law allows a parcel developed
with a primary dwelling unit and an ADU to also establish a Junior Accessory Dwelling
Unit (JADU) within the space of an existing primary dwelling unit, for a total of three (3)
units on a single property. A JADU, as defined in Government Code Section 65852.22,
is a dwelling unit 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.
Size Limits & Setbacks
State legislation includes a “By-Right Provision” which allows an attached or detached
ADU with a maximum size of 850 square-feet for studio or one-bedroom units, or 1,000
square-foot for a unit with more than one bedroom, in any circumstance. ADUs
permitted through this provision are 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 to units permitted by this provision.
The standards proposed in the amended ordinance would limit the maximum size of
attached ADUs to 1,200 square feet, or fifty percent (50%) of the total living area of the
existing or proposed living area of the primary dwelling unit, whichever is less. This is a
change from the existing regulations, which restrict the maximum size of both attached
and detached ADUs to the lesser of:
• The maximum unit size allowed in the zone in which the ADU is proposed, which
ranged from 850 square feet the Single Family and Village Residential zones, to
1,200 square feet in all others, or
• Fifty percent (50%) of the primary unit.
ADUs proposed to exceed the sizes permitted by the By-Right Provision would remain
subject to the setbacks, height limit, lot coverage and floor-area limitations of the zoning
district in which they are located.
Item 9.a - Page 3
PLANNING COMMISSION
CONSIDERATION OF DEVELOPMENT CODE AMENDMENT 20-001
AUGUST 3, 2021
PAGE 4
Parking
The existing ordinance requires one parking space per bedroom in the ADU, with a
maximum of two parking spaces per unit. Amendments to state legislation establish a
maximum of one parking space per ADU. Parking spaces for ADUs do not need to be
covered and may be located in the driveway or setbacks, a provision that remains the
same as the existing ordinance. The proposed ordinance establishes areas in the front
yard where parking is prohibited and clarifies that ADU parking spaces must be on fully
paved surfaces, consistent with AGMC Section 16.56.070. The five (5) existing parking
exemptions in the Municipal Code remain applicable, and the following two exemptions
are newly added by state law:
1. Parking spaces are not required when an ADU is created within an existing or
proposed structure.
2. Parking spaces for a primary dwelling are not required to be replaced when a
garage, carport, or other covered parking structure is demolished or converted in
conjunction with the construction of an ADU.
The proposed ordinance retains a parking requirement for ADUs when applicable.
However, given the ADU parking space exemptions in the state law, particularly the
exemption for ADUs within a half mile of a bus stop, a significant portion of parcels
within the City will not be required to provide parking spaces for ADUs.
The existing ordinance also requires parking spaces in a garage or carport to be
replaced when converted to an ADU, but that is no longer required under state law. As a
result, a property that chooses to convert their garage to an ADU is not required to
provide parking for either the primary dwelling unit or ADU.
Owner Occupancy, Rental, and Sales
Owner occupancy is not required for ADUs whose permits were issued after January 1,
2020 and on or before January 1, 2025. ADUs constructed during this time period may
be rented separately from the primary dwelling unit, but may not be sold separately.
State law allows local ordinance to require owner occupancy for properties developed
with a JADU, and the proposed ordinance includes that requirement. The owner may
reside in either the primary unit or JADU to satisfy this requirement. Neither ADUs nor
JADUs permitted under the amended Code will be eligible to be permitted for use as a
short term rental. For purposes of compliance with this standard, a short term rental is
defined as any rental of less than 31 days. Properties developed with ADUs at the time
of the revisions discussed herein will remain eligible for use as short term rentals.
Tiny Homes on Wheels
City Council authorized staff to develop an ordinance to allow Tiny Homes on Wheels
(THOW) on all residentially zoned parcels in the City to address housing supply
shortages and affordability (Attachment 2). THOW will be an alternative to permanent
ADU structures and have been identified as a means to increase housing supply,
choices, and affordability.
Item 9.a - Page 4
PLANNING COMMISSION
CONSIDERATION OF DEVELOPMENT CODE AMENDMENT 20-001
AUGUST 3, 2021
PAGE 5
A THOW is considered a type of ADU, and more narrowly defined as a structure
intended for separate, independent living quarters for one household that meets the
following conditions:
1) 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) 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
5) Has a minimum of 100 square feet and maximum of 400 square feet as
measured within the exterior faces of the exterior walls
A recreational vehicle, camper, trailer, or manufactured home, as defined in Section
18010 of the California Health and Safety Code would not be viable as a THOW.
Allowed Locations
THOW are proposed to be allowed on any residential lot with an existing single family
dwelling. Both a THOW and ADU would not be allowed on a single lot, as currently
proposed. The proposed Ordinance would require the THOW to be located on the rear
portion of a lot, and setback at least four feet (4’) from an interior or rear property line
and ten feet (10’) from a street side property line. Additionally, the proposed ordinance
requires a THOW to be parked on a surface paved with concrete, asphalt, or an
equivalent paving material.
Design Standards
A THOW would be subject to design criteria to maintain the scale and character of the
existing residential development. For example, the undercarriage of the THOW shall be
hidden from view by the installation of a skirt around its perimeter. The ordinance would
also limit the height of the structure to one-story, require that mechanical equipment is
integrated into the structure, and prohibits any form of room area extensions, such as
slide-outs. The THOW would be required to connect to electric, water, and sewer
utilities.
Other Considerations
A THOW would not be eligible for use as a short term rental.
Stakeholder and Community Outreach and Involvement
The sixth cycle Housing Element prioritizes development of ADUs as a strategy to meet
housing needs and the Regional Housing Needs Allocation assigned to the City.
Housing Element Program A-2.1 calls for an update of the ADU ordinance and publicize
Item 9.a - Page 5
PLANNING COMMISSION
CONSIDERATION OF DEVELOPMENT CODE AMENDMENT 20-001
AUGUST 3, 2021
PAGE 6
the ADU program to increase public awareness. During the Housing Element Update,
staff received comments from both the Planning Commission and City Council about the
desire to update the ADU ordinance to encourage the creation of more ADUs. The SLO
County ADU Task Force, a volunteer group promoting development of ADUs, has also
identified obstacles in the planning and permitting process that this update hopes to
resolve. For example, the ordinance will clarify requirements for maximum unit sizes,
parking requirements, and utility connections. Additionally, after adopting the new
ordinance, the City’s website will be updated to include information about ADU
development.
Next Steps
The Planning Commission is being asked to review and comment on the draft ADU
ordinance. Revisions to the draft ordinance, as directed by the Commission, will be
incorporated by staff before returning for a recommendation to Council for adoption.
Staff may also seek input from the SLO County ADU Task Force before returning to the
Commission for a recommendation.
ADVANTAGES:
Amending the ADU ordinance will bring it into compliance with state law and allow for a
streamlined review process. Incorporating provisions to allow THOW will provide an
another option to increase housing production and housing options.
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 to implement provisions of Government Code Section 65852.2.
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted at City Hall and on the City’s website in accordance with
Government Code Section 54954.2. Notifications about the discussion were also sent to
members of the public that have expressed interest in the ordinance update.
Attachment:
1. Draft Accessory Dwelling Unit Ordinance
2. Draft Tiny Home on Wheels Ordinance
Item 9.a - Page 6
1
Proposed Amendments to
Title 16 (Arroyo Grande Municipal Code)
Accessory Dwelling Units (ADUs)
Planning Commission Study Session Draft (August 2021)
16.52.150 - Accessory Dwelling Units and Junior Accessory Dwelling Units.
A.Purpose.
The purpose of this section is to provide regulations for the establishment of
accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in
areas zoned to allow single-family or multifamily use pursuant to Government
Code Section 65852.2 et seq. and the goals and policies of the City’s Housing
Element. ADUs provide an important source of affordable housing in existing
residential neighborhoods where adequate public facilities and services are
available.
Consistent with State law, an ADU or JADU which conforms to the requirements
of this section shall not be considered to exceed the allowable density for the lot
upon which it is located, and shall be deemed to be a residential use which is
consistent with the existing general plan and zoning designations for the lot.
B.Effect of Conforming.
Pursuant to Government Code Section 65852.2(a)(1)(D)(x)(8), an ADU or JADU
that conforms to the standards in this section will not be:
1.Deemed to be inconsistent with the City's general plan and zoning designation
for the lot on which the ADU or JADU is located.
2.Deemed to exceed the allowable density for the lot on which the ADU or JADU
is located.
3.Considered in the application of any local ordinance, policy, or program to limit
residential growth.
C. Definitions/Prohibited Units.
1.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 65852.2(j).
ATTACHMENT 1
Item 9.a - Page 7
2
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 Section 18008 of the Health and
Safety Code, recreational vehicles, trailers, or similar units, shall not be allowed
as ADUs. Tiny Homes on Wheels are allowed as an ADU and are separately
defined in Section 16.52.250.
D. Where Permitted/Establishment.
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.
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.
Item 9.a - Page 8
3
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.
E. 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
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.
Item 9.a - Page 9
4
F. 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.
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 = I x L x 100
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".
Item 9.a - Page 10
5
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.
c. ADUs shall be located on the rear portion of a parcel unless there is no
feasible alternative and in no circumstance shall an ADU be located in
the front yard setback.
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.
Item 9.a - Page 11
6
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.
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.
Item 9.a - Page 12
7
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. The ADU shall incorporate the same colors and
materials as the primary residence.
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
Item 9.a - Page 13
8
capacity charge based on its square footage or the number of its
drainage fixtures unit values.
G. Conditions.
1. An ADU/JADU shall not be sold or otherwise conveyed separate from the
primary residence.
2. An ADU/JADU 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. Neither the ADU/JADU 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.
Item 9.a - Page 14
Proposed Amendments to
Title 16 (Arroyo Grande Municipal Code)
Tiny Homes on Wheels (THOWs)
Planning Commission Study Session Draft (August 2021)
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:
1.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 the California Insignia
of Approval issued by the State Department of Housing and Community
Development to demonstrate compliance with electrical, heat producing,
plumbing, and fire and life safety systems and equipment; and
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 of 100 square feet and maximum of 400 square feet as
measured within the exterior faces of the exterior walls.
ATTACHMENT 2
Item 9.a - Page 15
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.
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:
i. Permeable interlocking concrete pavers and permeable pavers shall
have a minimum thickness of 80 mm (3.14 inches); and
Item 9.a - Page 16
ii. Products and underlying drainage material shall be installed to meet
manufacturers’ specifications. Sub-grade soils shall be 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 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 12:2 pitch for greater than 50
percent of the roof area and not be composed of wooden shingles;
d. Extensions. All exterior walls and roof of a THOW shall be fixed with no
slide-outs, tip-outs, nor other forms of mechanically articulating room
area extensions;
e. Mechanical equipment shall be incorporated into the structure and not
be located on the roof.
8. Height. A THOW shall not exceed one story.
Item 9.a - Page 17