2021-08-17_8b ADU Ordinance UpdateMEMORANDUM
TO: PLANNING COMMISSION
FROM: BRIAN PEDROTTI, COMMUNITY DEVELOPMENT DIRECTOR
BY: ANDREW PEREZ, ASSOCIATE PLANNER
SUBJECT: CONSIDERATION OF 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 17, 2021
SUMMARY OF ACTION:
A recommendation to City Council to adopt amendments to the accessory dwelling unit
ordinance, including tiny homes on wheels (THOW), will allow for submittal to the State
for final review and certification.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
Adoption of a recommendation will not impact financial or personnel resources.
RECOMMENDATION:
It is recommended that the Planning Commission adopt a Resolution recommending the
City Council adopt amendments to the accessory dwelling unit ordinance (Attachment
1).
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.
While 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
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.
Item 8.b - Page 1
PLANNING COMMISSION
CONSIDERATION OF DEVELOPMENT CODE AMENDMENT 20-001
AUGUST 17, 2021
PAGE 2
Planning Commission Study Session
On August 3, 2021, the Planning Commission reviewed and commented on the
proposed amendments to the city’s ADU ordinance (Attachment 2). The Commission
was supportive of the changes to the ordinance made to comply with state law, and the
inclusion of provisions to permit tiny homes on wheels (THOW). The Commission
provided the following comments to staff to consider when revising the draft ordinance:
• Modify architectural compatibility standards to be more permissive for pre-
fabricated units as ADUs
• Clarify the phrase “no feasible alternative” with regards to lots that cannot
accommodate an ADU in the backyard.
• Consider design standards that allow for flexibility in designs that provide light
and air for THOW.
The draft ordinance for the Commission’s review includes changes to the architectural
compatibility provisions for both ADUs and THOW, defines the phrase “no feasible
alternative” and private entries, and includes additional design standards for THOW.
The draft ordinance also includes revisions to the rental terms for ADUs based on a
recent clarification from the City Attorney.
ANALYSIS OF ISSUES:
Revisions to the ADU Ordinance
The draft ordinance presented to the Commission was inadvertently restrictive for
permitting pre-fabricated or manufactured units as ADUs due to architectural
compatibility standards. Those standards required ADUs to use the same colors and
materials as the primary dwelling, which is not always feasible for pre-fabricated units.
In response to the comments received from the Commission, staff clarified that the
architectural compatibility standards requiring matching colors and materials is only
required of ADUs either attached to the primary dwelling or created through the
conversion of existing space. For example, if a garage were proposed to be converted
to an ADU, the materials and colors used for the wall area replacing the removed
garage door would be required to match the primary dwelling. Detached ADUs are
encouraged to use similar materials and colors, but are not required to use the same
materials as to not discourage the use of pre-fabricated units as ADUs.
The previously reviewed draft ordinance included a provision that encouraged ADUs to
be located in the backyard, and only allowed the construction of an ADU in the front
yard where “no feasible alternative” exists. Staff removed the phrase “no feasible
alternative” from this standard and revised it to encourage ADU construction behind the
primary dwelling. Front yard setbacks requirements are still applicable to ADU
development, however front setbacks may not preclude a statewide exemption ADU
and must not unduly constrain the creation of all types of ADUs.
Item 8.b - Page 2
PLANNING COMMISSION
CONSIDERATION OF DEVELOPMENT CODE AMENDMENT 20-001
AUGUST 17, 2021
PAGE 3
Short Term Rentals
Staff proposed prohibiting short term rentals (term of less than 30 days) for all ADUs
created after the adoption of ordinance updates. The City Attorney clarified that state
legislation only prohibits short term rentals of units created under the by-right provisions.
City leadership may choose to prohibit short term rentals of all ADUs, but the draft
ordinance for the Commission’s consideration at this time only mirrors state legislation.
For the benefit of the Commission, there are currently eighteen (18) permitted short
term rentals that identify the ADU, either wholly or in part, as the rental space.
Tiny Homes on Wheels
In response to comments from the Commission and the public, staff has also revised
the design standards for THOW. Language was added to Section 7 that states that
THOW “shall resemble the appearance of a traditional home”. Provisions for the
addition of decks, patios, landings, and other similar features to THOW were added to
the ordinance. Staff proposes limiting the area of these features to twenty-five percent
(25%) of floor area of the living area. Standards for minimum roof pitch were also
modified to allow for designs that contain features that provide increased natural light
and airflow for the comfort of the occupants and reduce the reliance on electricity for
ventilation and lighting. The standard prohibiting slide-out extensions or pop outs was
removed from the ordinance to be more permissive of a variety of designs.
ADVANTAGES:
Amending the City’s 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:
A notice of public hearing was published in the Tribune and posted at City Hall and on
the City’s website on August 6, 2021. The meeting 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.
Attachments:
1. Draft Resolution
Item 8.b - Page 3
PLANNING COMMISSION
CONSIDERATION OF DEVELOPMENT CODE AMENDMENT 20-001
AUGUST 17, 2021
PAGE 4
2. Minutes from the August 3, 2021 Planning Commission Meeting
3. Accessory Dwelling Unit Ordinance
4. Draft Tiny Home on Wheels Ordinance
Item 8.b - Page 4
ATTACHMENT 1
RESOLUTION NO.
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
Item 8.b - Page 5
RESOLUTION NO.
PAGE 2
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
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 ________, seconded by Commissioner _______, and by
the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
the foregoing Resolution was adopted this 17th day of August, 2021.
Item 8.b - Page 6
RESOLUTION NO.
PAGE 3
_______________________________
GLENN MARTIN
CHAIR
ATTEST:
_______________________________
PATRICK HOLUB
SECRETARY TO THE COMMISSION
AS TO CONTENT:
_______________________________
BRIAN PEDROTTI
COMMUNITY DEVELOPMENT DIRECTOR
Item 8.b - Page 7
RESOLUTION NO.
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
Item 8.b - Page 8
RESOLUTION NO.
PAGE 5
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 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.
Item 8.b - Page 9
RESOLUTION NO.
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.
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). 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.
B. 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.
Item 8.b - Page 10
RESOLUTION NO.
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
Item 8.b - Page 11
RESOLUTION NO.
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.
Item 8.b - Page 12
RESOLUTION NO.
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 = 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".
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.
Item 8.b - Page 13
RESOLUTION NO.
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.
Item 8.b - Page 14
RESOLUTION NO.
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. An ADU created through the conversion of an existing structure shall
incorporate the same colors, materials, and architectural features as
the primary residence.
Item 8.b - Page 15
RESOLUTION NO.
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 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. ADUs approved ministerially in accordance with subdivision (e) of
Government Code Section 65852.2, and JADUs shall be rented for terms
longer than 30 days. (Gov. Code, § 65852.2, subds. (a)(6) & (e)(4).) 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.
SECTION 3. Section 16.52.250 is hereby added to Title 16, Chapter 52 of the Arroyo
Grande Municipal Code to read as follows:
Item 8.b - Page 16
RESOLUTION NO.
PAGE 13
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 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.
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
Item 8.b - Page 17
RESOLUTION NO.
PAGE 14
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
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;
Item 8.b - Page 18
RESOLUTION NO.
PAGE 15
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 12:2 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 25 percent of the floor area of the THOW .
8. 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.
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
Item 8.b - Page 19
RESOLUTION NO.
PAGE 16
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 ______, seconded by Council Member _______, and by
the following roll call vote to wit:
AYES:
NOES:
ABSENT:
the foregoing Ordinance was adopted this ____ day of _______, 2021.
Item 8.b - Page 20
RESOLUTION NO.
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
Item 8.b - Page 21
ACTION MINUTES
MEETING OF THE PLANNING COMMISSION
TUESDAY, AUGUST 3, 2021
ARROYO GRANDE COUNCIL CHAMBERS
215 EAST BRANCH STREET
ARROYO GRANDE, CALIFORNIA
1.CALL TO ORDER
Chair Martin called the Planning Commission meeting to order at 6:04 p.m.
2. ROLL CALL
Planning Commission: Commissioners Kevin Buchanan, Jim Guthrie, Jamie Maraviglia, Vice
Chair Frank Schiro and Chair Glenn Martin were present.
Staff Present: Community Development Director Brian Pedrotti, Associate Planner
Andrew Perez and Assistant Planner Patrick Holub were present.
3. FLAG SALUTE
Chair Martin led the flag salute.
4.AGENDA REVIEW
None.
5. COMMUNITY COMMENTS AND SUGGESTIONS
None.
6. WRITTEN COMMUNICATIONS
None.
7. CONSENT AGENDA
7.a. CONSIDERATION OF APPROVAL OF MINUTES
Recommended Action: Approve the minutes of the June 15, 2021 Regular Planning Commission
meeting.
Action: Commissioner Maraviglia moved and Commissioner Guthrie seconded the motion to
approve the minutes of June 15, 2021.
The motion passed on the following roll-call vote:
AYES: Maraviglia, Guthrie and Martin
NOES: None
ABSENT: None
ABSTAIN: Buchanan and Schiro
8.PUBLIC HEARINGS
None.
9. NON-PUBLIC HEARINGS
9.a 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
ATTACHMENT 2
Item 8.b - Page 22
PLANNING COMMISSION PAGE 2
MINUTES
AUGUST 3, 2021
Recommended Action: 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.
Associate Planner Perez presented the staff report and highlighted areas of the ADU ordinance that
are proposed to be amended in response to changes to state law. He also responded to questions
from the Commission.
Chair Martin opened the public comment.
Joe Dollan spoke in favor of adding provisions to regulate tiny homes on wheels and offered
suggestions to the draft ordinance that would make installation of tiny home easier.
Chair Martin closed the public comment.
The Commission was supportive of the proposed amendments, but wanted the architectural
compatibly standards in the draft ordinance revised to be more permissive of pre-fabricated units.
The Commission also encouraged staff to revise the design standards for tiny homes to allow for
flexibility in designs that provide light and air for occupants.
Commissioner Guthrie made a motion to direct staff to make revisions to the draft ordinance in
response to comments from the Commission and the public. The motion was unanimously supported.
10. ADM INISTRATIVE DECISIONS SINCE JULY 20, 2021
Case No. Applicant Address Description Action Appeal
Deadline
PPR21-021 Verizon
Wireless
459 Puesta
del Sol
Upgrade of existing
wireless communications
facility located at City
Reservoir 5
A 8/9/21
PPR21-022 Verizon
Wireless
1275 Ash
Street
Modifications to an
existing wireless
telecommunication facility
A 8/4/21
11. COMMISSION COMMUNICATIONS
Members of the Planning Commission welcomed Commissioner Buchannan.
12. STAFF COMMUNICATIONS
Community Development Director Pedrotti informed the Commission of the Downtown Parking
Advisory Board meeting on August 12, 2021 where the Board would discuss parklets in the Village
as well as limited time parking signage and curb painting.
13. ADJOURNMENT
The meeting adjourned at 7:25 p.m.
ATTEST:
PATRICK HOLUB GLENN MARTIN, CHAIR
ASSISTANT PLANNER
Item 8.b - Page 23
PLANNING COMMISSION PAGE 3
MINUTES
AUGUST 3, 2021
(Approved at PC Meeting ______________)
Item 8.b - Page 24
1
ATTACHMENT 3
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).
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
Item 8.b - Page 25
2
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.
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.
Item 8.b - Page 26
3
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.
F. Development Standards.
1. ADU Type, Location & Size.
Item 8.b - Page 27
4
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".
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.
Item 8.b - Page 28
5
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 comply with the front yard setback and be located on the
rear portion of a parcel whenever possible. 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 8.b - Page 29
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 8.b - Page 30
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.
a. The An ADU created through the conversion of an existing structure
shall incorporate the same colors and, materials, and architectural
features 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
Item 8.b - Page 31
8
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 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.
ADUs approved ministerially in accordance with subdivision (e) of Government
Code Section 65852.2, and JADUs shall be rented for terms longer than 30
days. (Gov. Code, § 65852.2, subds. (a)(6) & (e)(4).) 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 8.b - Page 32
ATTACHMENT 4
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 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.
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
Item 8.b - Page 33
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
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.
Item 8.b - Page 34
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 12:2 pitch for greater than 50
percent of the roof area. and not be composed of wooden shingles
Exceptions to this provision may be made for designs that incorporate
openings to provide light and air flow for the occupants
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.
f. 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 25 percent of the floor area of the THOW
8. Height. A THOW shall not exceed one story.
Item 8.b - Page 35