CC 2024-03-12_10a AGMC Update Regarding Accessory Dwelling UnitsItem 10.a.
MEMORANDUM
TO: City Council
FROM: Brian Pedrotti, Community Development Director
BY: Andrew Perez, Planning Manager
SUBJECT: Public Hearing to Consider Introduction of an Ordinance Amending
Title 16 of the Arroyo Grande Municipal Code Regarding Accessory
Dwelling Units
DATE: March 12, 2024
SUMMARY OF ACTION:
Introduction and public hearing for a proposed Ordinance amending Title 16 of the Arroyo
Grande Municipal Code (“AGMC”) regarding the development of Accessory Dwelling
Units (ADU). Introducing the Ordinance will allow for adoption of the Ordinance
amendments at a future City Council meeting following this noticed public hearing.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
No financial impact is projected.
RECOMMENDATION:
1) Introduce an Ordinance amending Section 16.52.150 of the Arroyo Grande Municipal
Code regarding the development of accessory dwelling units; and
2) Determine that the Ordinance amendment is statutorily exempt per Section 15282(h)
of the CEQA Guidelines regarding projects involving the adoption of an ordinance
regarding second units in a single-family or multi-family residential zone by a city to
implement Government Code Section 65852.2.
BACKGROUND:
The State legislature has identified production of 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.
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Item 10.a.
City Council
Public Hearing to Consider Introduction of an Ordinance Amending Title 16 of the
Arroyo Grande Municipal Code Regarding Accessory Dwelling Units
March 12, 2024
Page 2
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 sections
65852.2 and 65852.22 related to regulations for development of ADUs (and smaller
“Junior” Accessory Dwelling Units). In response, the City Council adopted Ordinance 717
on September 27, 2022. These amendments brought the ordinance into conformance
with State law by eliminating lot size minimums for ADUs, reduced setbacks for ADUs in
specific circumstances, and reduced parking requirements. Among the key amendments
that the City adopted in the 2022 Ordinance, that were not a result of State legislation,
were:
Creation of objective design standards;
Prohibition of front yard ADUs unless certain criteria are met; and
Prohibition of rooftop decks on ADUs.
On January 1, 2023, and January 1, 2024, new State legislation became effective further
restricting how cities can regulate ADUs prompting the need to update the Ordinance
once again.
Planning Commission
The Planning Commission considered the proposed Ordinance at its meeting on January
16, 2024. The Commission recommended the City Council adopt the proposed
amendments with changes intended to make the regulations easier to comprehend for
property owners interested in building ADUs, which in turn could spur the creation of more
ADUs. The changes consist of increasing the height limit for a detached ADU from 16
feet to 18 feet, and increasing the unit size that triggers development impact fees from
750 square feet to 800 square feet. These changes are discussed in more detail below
and are also provided in underline and strikethrough in Attachment 1.
ANALYSIS OF ISSUES:
While the proposed Ordinance includes several non-substantive formatting changes, the
substantive changes to the City’s regulations are limited to standards for height and
setbacks to either comply with current legislation or simplify the development process to
encourage the production of ADUs. There are also revisions to the design standards in
the existing regulations, as these could be considered subjective in their current form,
which is not permissible under State law. The Ordinance also establishes a new permit
type for certain ADUs. The new permit type allows the City to impose certain development
standards as authorized by the State. This permit is described in greater detail below.
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Item 10.a.
City Council
Public Hearing to Consider Introduction of an Ordinance Amending Title 16 of the
Arroyo Grande Municipal Code Regarding Accessory Dwelling Units
March 12, 2024
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ADU Permit
State law requires agencies to approve certain types of ADUs with a building permit only.
These types are described in Subsection (D)(1) of the Ordinance and include:
ADUs created through the conversion of existing space within a single -family
dwelling;
Detached ADUs on a single-family lot with 4-foot side and rear yard setbacks and
no larger than 800 square feet;
ADUs created through the conversion of non-habitable spaces on multi-family lots;
Up to two detached ADUs on a multi-family lot.
ADUs that need a building permit only are subject to the standards listed in Subsection
(E) in the proposed ordinance.
To retain the ability to impose the City’s specific, objective standards, the Ordinance
establishes a new ADU permit, as defined in Subsection D.2 of the Ordinance. The ADU
permit will be required when an ADU is proposed that does not meet the criteria of the
four (4) ADUs types listed above. ADUs that are subject to the ADU permit will need to
meet the standards listed in Subsection E and Subsection F of the Ordinance. These
additional standards establish maximum size limits for ADUs, setbacks, parking
requirements, and objective design standards. These are listed in Subsection F of the
proposed Ordinance.
Maximum Height
Existing standards for ADUs limit the maximum height of units to either 16 feet or the
height limit of the underlying zone. Units that exceed 16 feet are subject to other
development standards of the underlying zone (floor-area ratio, lot coverage, setbacks,
etc), whereas those that are 16 feet or less are exempt from those standards. There are
three changes proposed to the height standards that are necessary to be consistent with
State law.
1) A detached ADU may be up to 18 feet in height when created on a lot with an
existing or proposed multifamily dwelling that has more than one story above
grade.
2) An ADU that is attached to the primary dwelling may not exceed 25 feet in height
or the height limitation imposed by the underlying zone that applies to the primary
dwelling, whichever is lower. Notwithstanding the foregoing, ADUs subject to this
subsection may not exceed two stories.
3) A detached ADU may be up to 18 feet in height if it is created on a lot with an
existing or proposed single family or multifamily dwelling unit that is located within
one-half mile walking distance of a major transit stop or high quality transit corridor,
as those terms are defined in Section 21155 of the Public Resources Code, and
the ADU may be up to two additional feet in height (for a maximum of 20 feet) if
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Item 10.a.
City Council
Public Hearing to Consider Introduction of an Ordinance Amending Title 16 of the
Arroyo Grande Municipal Code Regarding Accessory Dwelling Units
March 12, 2024
Page 4
necessary to accommodate a roof pitch on the ADU that is aligned with the roof
pitch of the primary dwelling unit.
The first two scenarios provide extra height allowances for detached ADUs on multi -family
properties and attached ADUs, respectively. The third scenario provides allowances for
taller ADUs when the subject property is located within one -half mile of a major transit
stop or high-quality transit corridor. As defined by Public Resources Code Section 21155,
a high-quality transit corridor means “a corridor with fixed route bus service with service
intervals no longer than 15 minutes during peak commute hours. A project shall be
considered to be within one-half mile of a major transit stop or high-quality transit corridor
if all parcels within the project have no more than 25 percent of their area farther than
one-half mile from the stop or corridor and if not more than 10 percent of the residential
units or 100 units, whichever is less, in the project are farther than one-half mile from the
stop or corridor.” The bus system serving Arroyo Grande does not currently meet this
definition; however, this language is included in the Ordinance to demonstrate compliance
with State law.
The amendments presented to the Planning Commission did not propose to change the
existing height limit of 16 feet for detached ADUs proposed on properties with an existing
or proposed single family dwelling or on properties with a one-story multi-family structure.
The Planning Commission’s recommendation includes increasing the height limit for
detached ADUs on these properties to 18 feet to be consistent with the height limit
afforded to ADUs constructed on properties with existing or proposed multi -family
dwelling with more than one story above grade. This change has been incorporated into
the proposed Ordinance.
Setbacks
During the adoption process of the existing regulations, the City Council directed staff to
include the following language regarding a prohibition of ADUs in front yards: “ADUs shall
comply with the front yard setback and be located on the rear portion of a parcel unless
no feasible alternative exists. Feasibility is determined whether a by-right ADU can
physically be constructed behind the primary dwelling due to the presence of maximum
slope, other structures, existing easements, or drainage features.”
The current provisions regarding feasibility can be argued as being subjective, therefore
staff recommends amending the front setback requirement to an objective standard. As
proposed, the Ordinance requires ADUs that are subject to an ADU permit to comply with
a 20-foot front setback. Consistent with State law, the front setback requirement would
not apply to ADUs created through the conversion of an existing structure on single -family
or multi-family lots. It would also not apply when up to two (2) detached units are proposed
on a multi-family lot, or one detached unit of less than 800 square f eet is proposed on a
single-family lot.
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Item 10.a.
City Council
Public Hearing to Consider Introduction of an Ordinance Amending Title 16 of the
Arroyo Grande Municipal Code Regarding Accessory Dwelling Units
March 12, 2024
Page 5
Existing regulations require 4-foot interior and rear setbacks for ADUs of less than 1,000
square feet, and units greater than 1,000 square feet are subject to the setback
requirements of the underlying zone. As previously mentioned, the ADU ordinance should
stand on its own and not rely on any other sections of the Municipal Code. Therefore,
staff recommends amending the ordinance to make all ADUs, regardless of size, subject
to 4-foot setbacks from rear and interior lot lines. During the development of the
ordinance, staff reviewed the ADU permit applications submitted during 2023 to forecast
the implications of this change. Of the 33 applications for building permits to construct an
ADU, only two (2) of those units were subject to the setbacks of the underlying zoning
district. This data suggests that reducing the setback for all ADUs would have minimal
impact.
Objective Design Standards
The previous amendment to the ADU regulations included the addition of objective design
standards. The existing standards have been refined to eliminate all subjectivity and new
standards have been added in light of the fact that the Ordinance cannot refer to other
sections of the Municipal Code. These new standards require an independent exterior
entrance apart from the primary dwelling, and also prohibits windows and doors from
having a direct line of sight to an adjacent residential property. It also requires that ADUs
use the same colors and materials for the exterior walls, roof, windows, and doors as the
primary residence. These standards will only apply to ADUs that require an ADU permit
in addition to a building permit. Additionally, projects utilizing the City’s pre-designed ADU
plans and factory-built housing units would not be subject to these standards to
encourage their use, which is consistent with the current regulations.
Floor-Area Ratio (FAR) and Lot Coverage Standards
In the existing regulations, ADUs are only subject to FAR and lot coverage standards if
they exceed the standards for a by-right unit of 850 square feet for a studio or one-
bedroom unit, 1,000 square feet for a unit with two or more bedrooms, or any size unit
that exceeds 16 feet in height. The existing ADU Ordinance refers to the standards of the
underlying zone which can be found in AGMC Section 16.32.050.
As previously mentioned, all standards related to the development of ADUs must be
contained within the ordinance. Rather than include standards for each of the various
zoning districts and lot sizes, the proposed Ordinance does not include standards for
either FAR or lot coverage. State law already mandates that ADUs of 800 square feet or
less are exempt from any development standards that would otherwise require that the
size of an ADU is reduced to comply with those standards, such as FAR and lot coverage.
In reviewing the 32 applications for ADUs that were submitted 2023, 30 of the units fell
into the by-right category exempt from the FAR and lot coverage standards. Two
applications proposed ADUs greater than 1,000 square feet, and due to the large size of
those respective parcels, easily complied with the FAR and lot coverage maximums. The
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Item 10.a.
City Council
Public Hearing to Consider Introduction of an Ordinance Amending Title 16 of the
Arroyo Grande Municipal Code Regarding Accessory Dwelling Units
March 12, 2024
Page 6
final application proposed an ADU above an existing garage which did not result in a
failure to comply with the FAR nor increase in the existing lot coverage.
Protection of Historic Resources
Provisions for the protection of historic resources are included in the proposed Ordinance,
but only for projects that are subject to an ADU permit. Subsection F.7 requires that ADUs
on or within 500 feet of a property that is listed in the California Register of Historic
Resources must be located so it is not visible from the public right of way. For reference,
the City has only one property, the Paulding House located at 551 Crown Hill, on the
California Register of Historic Resources.
Development Impact Fees
State law prohibits the City from imposing development impact fees (DIF) on any ADU
less than 750 square feet that is constructed on a property with an existing residential
unit. If an ADU is greater than 750 square feet, DIF can be charged proportionally in
relation to the square footage of the ADU to the square footage of the primary dwelling
unit. The Planning Commission recommends increasing the threshold that triggers the
imposition of DIF from 750 square feet to 800 square feet to align with the size limit for
building permit only ADUs, with the goal of simplifying the process for applicants . This
revision suggested by the Planning Commission has been incorporated in the draft
ordinance.
The financial impact of this change is difficult to estimate because the methodology of
calculating DIF for ADUs is tied to the proportionality between the ADU and primary unit.
For context, two (2) out of the 32 applications for ADUs submitted in 2023 exceeded 750
square feet.
While the Planning Commission’s intent behind the recommended change was to spur
additional ADU development, the fiscal impact of that recommendation is not within their
purview. However, due to the limited amount of ADUs being charged DIFs, staff has
included the recommendation in the proposed Ordinance. Should the City Council
disagree with this recommendation, Subsections G.1.a & b of the Ordinance would need
to be modified.
Next Steps
Introduction of the Ordinance will allow the City Council to schedule adoption at a
subsequent meeting, and then become effective 30 days after adoption. As required
under State law, the City’s adopted ordinance must be sent up to the State.
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
1. Introduce the Ordinance; or
2. Modify as appropriate and introduce the modified Ordinance; or
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Item 10.a.
City Council
Public Hearing to Consider Introduction of an Ordinance Amending Title 16 of the
Arroyo Grande Municipal Code Regarding Accessory Dwelling Units
March 12, 2024
Page 7
3. Do not introduce the Ordinance and provide direction to staff on specific revisions;
or
4. Provide other direction to staff.
ADVANTAGES:
Updating the ADU Ordinance will bring it into conformity with State legislation. The
redesigned format is also easier to comprehend and implement by staff and the public.
DISADVANTAGES:
As proposed, the Ordinance eliminates lot coverage and FAR maximums that would
otherwise apply to development on eligible lots. The amendments also reduce the interior
and rear setbacks for units greater than 1,000 square feet when compared to the current
regulations.
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 CEQA Guidelines regarding projects involving the adoption of an
ordinance regarding second units in a single-family or multi-family residential zone by a
city to implement 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. A public hearing notice was published in the Tribune
on March 1, 2024.
ATTACHMENTS:
1. Proposed Ordinance
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ATTACHMENT 1
ORDINANCE NO._____
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 l ast
amended in 2022; and
WHEREAS, in 2023 and 2024, 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
standards applicable to the development of 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 only; 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
WHEREAS, the New ADU Laws took effect January 1, 2024, 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 and regulation of ADUs and JADUs and to comply with the amended
provisions of Government Code sections 65852.2 and 65852.22; and
WHEREAS, the City of Arroyo Grande has duly initiated amendments to AGMC
Sections 16.52.150; and
WHEREAS, the Planning Commission of the City of Arroyo Grande, after giving
notices thereof as required by law, held a public hearing on January 16, 2024
concerning this code amendment and carefully considered all pertinent testimony and
the staff report offered in the case as presented; and
WHEREAS, on January 16, 2024, the Planning Commission of the Arroyo
Grande recommended to the City Council amending Section 16.52.150 of 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 March 12, 2024, concerning
proposed amendments to AGMC Section 16.52.150 ; and
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ORDINANCE NO.
PAGE 2
WHEREAS, the City Council of the City of Arroyo Grande, at its regularly
scheduled public meeting on March 12, 2024 introduced this Ordinance to amend
Section 16.52.150 of 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.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE
DOES ORDAIN AS FOLLOWS:
SECTION 1. Incorporation. The above recitals are true and correct and are
incorporated herein by this reference.
SECTION 2. CEQA. The City Council finds that 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 3. Required Findings. In accordance with Section 16.16.040(E) of
the Arroyo Grande Municipal Code, the City Council here by makes the following
findings:
1. General Plan. The amendments to the AGMC are consistent with the
general plan and necessary and desirable to implement the provisions thereof.
Specifically, Housing Element Program A-2.1 directs the City to amend the ADU
ordinance to encourage production of ADUs to meet Regional Housing Needs
Assessment goals. This ordinance implements program A-2.1 by bringing the ordinance
into compliance with state legislation. For this reason, the ordinance’s amendments to
the AGMC are consistent with the general plan and necessary and d esirable to
implement the provisions thereof.
2. Public Health, Safety and Welfare. The amendments to the AGMC will not
adversely affect the public health safety, and welfare or result in an illogic al land use
pattern because the purpose for these updates to the Municipal Code is to bring the
City’s ordinance into compliance with state legislation.
3. Purpose and Intent. The revision to this title is consistent with the purpose
and intent of the title since it implements the objectives policies, and programs of the
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ORDINANCE NO.
PAGE 3
Housing Element by establishing clear and consistency standards for the development
of ADUs that are in compliance with state law.
4. Environmental Impacts. The proposed amendments will bring the City’s
ordinance into conformance with state law which has been deemed statutorily exempt
from the California Environmental Quality Act.
SECTION 4. Code Amendment. Section 16.52.150 of the City’s Municipal Code
is repealed and replaced in its entirety as set forth below:
“Section 16.52.150 Accessory Dwelling Units
A. Purpose. The purpose of this section is to allow and regulate accessory dwelling
units (ADUs) and junior accessory dwelling units (JADUs) in compliance with
California Government Code sections 65852.2 and 65852.22.
B. Effect of Conforming. 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.
4. Required to correct a nonconforming zoning condition, as defin ed in
subsection C.7 below. This does not prevent the city from enforcing
compliance with applicable building standards in accordance with Health and
Safety Code section 17980.12.
C. Definitions. As used in this section, terms are defined as follows:
1. “Accessory dwelling unit” or “ADU” means an attached or a detached
residential dwelling unit that provides complete independent living facilities for
one or more persons and is located on a lot with a proposed or exis ting
primary residence. An accessory dwelling unit also includes the fol lowing:
a. An efficiency unit, as defined by section 17958.1 of the California
Health and Safety Code; and
b. A manufactured home, as defined by section 18007 of the
California Health and Safety Code.
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ORDINANCE NO.
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2. “Accessory structure” means a structure that is accessory and incidental
to a dwelling located on the same lot.
3. “Complete independent living facilities” means permanent provisions for
living, sleeping, eating, cooking, and sanitation on the same parcel as the
single-family or multifamily dwelling is or will be situated.
4. “Efficiency kitchen” means a kitchen that includes all of the following:
a. A cooking facility with appliances.
b. A food preparation counter and storage cabinets that are of a
reasonable size in relation to the size of the JADU.
5. “Junior accessory dwelling unit” or “JADU” means a residential unit that
satisfies all of the following:
a. It is no more than 500 square feet in size.
b. It is contained entirely within an existing or proposed single-family
structure. An enclosed use within the residence, such as an attached
garage, is considered to be a part of and contained within the single -
family structure.
c. It includes its own separate sanitation facilities or shares sanitation
facilities with the existing or proposed single-family structure.
d. If the unit does not include its own separate bathroom, then it
contains an interior entrance to the main living area of the existing or
proposed single-family structure in addition to an exterior entrance that
is separate from the main entrance to the primary dwelling.
e. It includes an efficiency kitchen, as defined in subsection C.4
above.
6. “Living area” means the interior habitable area of a dwelling unit, incl uding
basements and attics, but does not include a garage or any accessory
structure.
7. “Nonconforming zoning condition” means a physical improvement on a
property that does not conform with current zoning standards.
8. “Passageway” means a pathway that is unob structed clear to the sky and
extends from a street to one entrance of the ADU or JADU.
9. “Proposed dwelling” means a dwelling that is the subject of a permit
application and that meets the requirements for permitting.
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ORDINANCE NO.
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10. “Public transit” means a location, including, but not limited to, a bus stop
or train station, where the public may access buses, trains, subways, and
other forms of transportation that charge set fares, run on fixed routes, and
are available to the public.
11. “Tandem parking” means that two or mo re automobiles are parked on a
driveway or in any other location on a lot, lined up behind one another.
D. Approvals. The following approvals apply to ADUs and JADUs under this
section:
1. Building-permit Only. If an ADU or JADU complies with each of the
general requirements in subsection E below, it is allowed with only a building
permit in the following scenarios:
a. Converted on Single-family Lot: One ADU as described in this
subsection D.1.a and one JADU on a lot with a proposed or existing
single-family dwelling on it, where the ADU or JADU:
i. Is either: within the space of a proposed single-family
dwelling; within the existing space of an existing single-family
dwelling; or (in the case of an ADU only) within the existing
space of an accessory structure, plus up to 150 additional
square feet if the expansion is limited to accommodating
ingress and egress; and
ii. Has exterior access that is independent of that for the
single-family dwelling; and
iii. Has side and rear setbacks sufficient for fire and safety, as
dictated by applicable building and fire codes; and
iv. The JADU complies with the requirements of Government
Code Section 65852.22.
b. Limited Detached on Single-family Lot: One detached, new-
construction ADU on a lot with a proposed or existing single-family
dwelling (in addition to any JADU that might otherwise be established
on the lot under subsection D.1.a above), if the detached ADU
satisfies each of the following limitations:
i. The side- and rear-yard setbacks are at least four feet.
ii. The total floor area is 800 square feet or smaller.
iii. The peak height above grade does not exceed the
applicable height limit in subsection E.2 below.
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c. Converted on Multifamily Lot: One or more ADUs within portions
of existing multifamily dwelling structures that are not used as livable
space, including but not limited to storage rooms, boiler rooms,
passageways, attics, basements, or garages, if each converted ADU
complies with state building standards for dwellings. Under this
subsection D.1.c, at least one converted ADU is allowed within an
existing multifamily dwelling, up to a quantity equal to 25 percent of the
existing multifamily dwelling units.
d. Limited Detached on Multifamily Lot: No more than two
detached ADUs on a lot that has an existing or proposed multifamily
dwelling if each detached ADU satisfies both of th e following
limitations:
i. The side- and rear-yard setbacks are at least four feet. If the
existing multifamily dwelling has a rear or side yard setback of
less than four feet, the city will not require any modification to
the multifamily dwelling as a condition of approving the ADU.
ii. The peak height above grade does not exceed the
applicable height limit provided in subsection E.2 below.
2. ADU Permit.
a. Except as allowed under subsection D.1 above, no ADU may be
created without a building permit and an ADU permit in compliance
with the standards set forth in subsections E and F below.
b. The city may charge a fee to reimburse it for costs incurred in
processing ADU permits, including the costs of adopting or amending
the city’s ADU ordinance. The ADU-permit processing fee is
determined by the most recent fee schedule approved by city c ouncil
resolution.
3. Process and Timing.
a. An ADU permit is considered and approved ministerially, without
discretionary review or a hearing.
b. The city must approve or deny an application to create an ADU or
JADU within 60 days from the date that the city receives a completed
application. If the city has not approved or denied the completed
application within 60 days, the application is deemed approved unless
either:
i. The applicant requests a delay, in which case the 60 -day
time period is tolled for the period of the requested delay, or
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ii. When an application to create an ADU or JADU is submitted
with a permit application to create a new single-family or
multifamily dwelling on the lot, the city may delay acting on the
permit application for the ADU or JADU until the city acts on the
permit application to create the new single-family or multifamily
dwelling, but the application to create the ADU or JADU will still
be considered ministerially without discretionary review or a
hearing.
c. If the city denies an application to create an ADU or JADU, the city
must provide the applicant with comments that include, among other
things, a list of all the defective or deficient items and a description of
how the application may be remedied by the applicant. Notice of the
denial and corresponding comments must be provided to the applicant
within the 60-day time period established by subsection D.3.b above.
d. A demolition permit for a detached garage that is to be replaced
with an ADU is reviewed with the application for the ADU and issued at
the same time.
E. General ADU and JADU Requirements. The following requirements apply to all
ADUs and JADUs that are approved under subsections D.1 or D.2 above:
1. Zoning.
a. An ADU subject only to a building permit under subsection D.1
above may be created on a lot in a residential or mixed -use zone.
b. An ADU subject to an ADU permit under subsection D.2 above
may be created on a lot that is zoned to allow single -family dwelling
residential use or multifamily dwelling residential use.
c. In accordance with Government Code section 65852.22(a)(1), a
JADU may only be created on a lot zoned for single -family
residences.
2. Height.
a. Except as otherwise provided by subsections E.2.b and E.2.c
below, a detached ADU created on a lot with an existing or proposed
single family or multifamily dwelling unit may not exceed 16 18 feet in
height.
b. A detached ADU may be up to 18 feet in height if it is created on a
lot with an existing or proposed single family or mu ltifamily dwelling
unit that is located within one-half mile walking distance of a major
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transit stop or high quality transit corridor, as those terms are defined
in Section 21155 of the Public Resources Code, and the ADU may be
up to two additional feet in height (for a maximum of 20 feet) if
necessary to accommodate a roof pitch on the ADU that is aligned
with the roof pitch of the primary dwelling unit.
c. A detached ADU created on a lot with an existing or proposed
multifamily dwelling that has more than one story above grade may not
exceed 18 feet in height.
d. An ADU that is attached to the primary dwelling may not exceed 25
feet in height. Notwithstanding the foregoing, ADUs subject to this
subsection E.2.d may not exceed two stories.
e. For purposes of this subsection E.2, height is determined by
measuring the vertical distance from the average finished grade to the
highest point of the coping of a flat roof or to the d eck line of a
mansard roof, or to the highest point of the highest gable of a pitch or
hip roof, but exclusive of vents, air conditioners, chimneys, or other
such incidental appurtenances.
3. Fire Sprinklers.
a. Fire sprinklers are required in an ADU if sprinklers are required in
the primary residence.
b. The construction of an ADU does not trigger a requirement for fire
sprinklers to be installed in the existing primary dwelling.
4. Rental Term. No ADU or JADU may be rented for a term that is shorter
than 30 days. This prohibition applies regardless of when the ADU or JADU
was created.
5. No Separate Conveyance. An ADU or JADU may be rented, but, except
as otherwise provided in Government Code Section 65852.26, no ADU or
JADU may be sold or otherwise conveyed separa tely from the lot and the
primary dwelling (in the case of a single -family lot) or from the lot and all of
the dwellings (in the case of a multifamily lot).
6. Septic System. If the ADU or JADU will connect to an onsite wastewater-
treatment system, the owner must include with the application a percolation
test completed within the last five years or, if the percolation test has been
recertified, within the last 10 years.
7. Owner Occupancy.
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a. ADUs created under this section, on or after January 1, 2020, are
not subject to an owner-occupancy requirement.
b. As required by state law, all JADUs are subject to an owner-
occupancy requirement. A natural person with legal or equitable title to
the property must reside on the property, in either the primary dwelling
or JADU, as the person’s legal domicile and permanent residence.
However, the owner-occupancy requirement in this subsection E.7.b
does not apply if the property is entirely owned by another
governmental agency, land trust, or housing organization.
8. Deed Restriction. Prior to issuance of a certificate of occupancy for an
ADU or JADU, a deed restriction must be recorded against the title of the
property in the County Recorder’s office and a copy filed with the Community
Development Department. The deed restriction must run with the land and
bind all future owners. The form of the deed restriction will be provided by the
city and must provide that:
a. Except as otherwise provided in Government Code Section
65852.26, the ADU or JADU may not be sold separately from the
primary dwelling.
b. The ADU or JADU is restricted to the approved size and to other
attributes allowed by this section.
c. The deed restriction runs with the land and may be enforced
against future property owners.
d. The deed restriction may be removed if the owner eliminates the
ADU or JADU, as evidenced by, for example, removal of the kitchen
facilities. To remove the deed restrictio n, an owner may make a written
request of the Community Development Department, providing
evidence that the ADU or JADU has in fact been eliminated. The
Community Development Department may then determine whether the
evidence supports the claim that the ADU or JADU has been
eliminated. Appeal may be taken from the Community Development
Director’s determination consistent with other provisions of this Code.
If the ADU or JADU is not entirely physically removed, but is only
eliminated by virtue of having a ne cessary component of an ADU or
JADU removed, the remaining structure and improvements must
otherwise comply with applicable provisions of this Code.
e. The deed restriction is enforceable by the Community Development
Director or his or her designee for the benefit of the city. Failure of the
property owner to comply with the deed restriction may res ult in legal
action against the property owner, and the city is authorized to obtain
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any remedy available to it at law or equity, including, but not limited to,
obtaining an injunction enjoining the use of the ADU or JADU in
violation of the recorded restrictions or abatement of the illegal unit.
9. Building & Safety.
a. Must comply with building code. Subject to subsection E.9.b
below, all ADUs and JADUs must comply with all local building code
requirements.
b. No change of occupancy. Construction of an ADU does not
constitute a Group R occupancy change under the local building code,
as described in Section 310 of the California Building Code, unless the
building official, in consultation with the Community Development
Director, makes a written finding based on substantial evidence in the
record that the construction of the ADU could have a specific, adverse
impact on public health and safety. Nothing in this subsection E.9.b
prevents the city from changing the occupancy code of a space that
was uninhabitable space or that was only permitted for nonresidential
use and was subsequently converted for residential use in accordance
with this section.
F. Specific ADU Requirements. The following requirements apply only to ADUs
that require an ADU permit under subsection D.2 above.
1. Maximum Size.
a. The maximum size of a detached or attached ADU subject to this
subsection F is 1,200 square feet.
b. An attached ADU that is created on a lot with an existing primary
dwelling is further limited to 50 percent of the floor area of the existing
primary dwelling.
c. Application of other development standards in this subsection F,
might further limit the size of the ADU, but no application of the
percent-based size limit in subsection F.1.b above or of an FAR, front
setback or lot coverage limit, may require the ADU to be less than 800
square feet.
2. Setbacks.
a. ADUs that are subject to this subsection F must conform to 4-foot
side and rear setbacks. ADUs that are subject to this subsection F
must conform to 20-foot front setbacks, subject to subsection F.1.c
above.
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b. No setback is required for an ADU that is subject to this subsection
F if the ADU is constructed in the same location and to the same
dimensions as an existing structure.
3. Passageway. No passageway, as defined by subsection C.8 above, is
required for an ADU.
4. Parking.
a. Generally. Unless subject to exception, one off -street parking
space is required for each ADU. The parking space may be provided
in setback areas or as tandem parking, as defined by subsection C.11
above, and 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 located wholly or partially within a side yard
must have a minimum clear space width of ten (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 a concrete, asphalt, gravel,
brick, or permeable paver surface.
iv. No more than fifty (50) percent of a front yard shall be
dedicated to vehicle parking.
v. No parking shall be allowed in front yard landscaping areas.
b. Exceptions. No parking is required in the following situations:
i. The ADU is located within one-half mile walking distance of
public transit, as defined in subsection C.10 above.
ii. The ADU is located within an architecturally and historically
significant historic district.
iii. The ADU is part of the proposed or existing primary
residence or an accessory structure under subsection D.1.a
above.
iv. When on-street parking permits are required but not offered
to the occupant of the ADU.
v. When there is an established car share vehicle stop located
within one block of the ADU.
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vi. When the permit application to create an ADU is submitted
with an application to create a new single-family or new
multifamily dwelling on the same lot, provided that the ADU or
the lot satisfies any of the exceptions above.
c. No Replacement. When a garage, carport, or covered parking
structure is demolished in conjunction with the construction of an ADU
or converted to an ADU, those off -street parking spaces are not
required to be replaced.
5. Architectural Requirements.
a. The materials and colors of the exterior walls, roof, and windows
and doors must match the appearance and architectural design of
those of the primary dwelling. Projects utilizing the City’s pre -designed
ADU plans or factory building housing are not subject to this standard.
b. The exterior lighting must be limited to down lights or as otherwise
required by the building or fire code.
c. When a garage is converted to an ADU, the garage door opening
shall be replaced with exterior wall coverings, or residential windows
and doors, to match the existing exterior garage wall covering and
detailing.
d. The ADU must have an independent exterior entrance, apart from
that of the primary dwelling.
e. Windows and doors of the ADU may not have a direct line of sight
to an adjoining residential property. Fencing, landscaping, or privacy
glass may be used to provide screening and prevent a direct line of
sight.
f. Second floor living area shall be setback five feet from the ground
floor footprint.
g. Window sashes and doorframes shall be made of wood or vinyl.
Unfinished aluminum is not allowed.
h. The use of fluorescent "neon", "day-glo", or bright primary colors as
the predominant shade on building facades is not permitted. For
purposes of this standard, predominant means that the color is used
on more than fifty percent (50%) of the wall area.
i. All windows and doors in an ADU are less than 30 feet fro m a
property line that is not a public right -of-way line must either be (for
windows) clerestory with the bottom of the glass at least six feet above
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the finished floor, or (for windows and for doors) utilize frosted or
obscure glass.
j. Rooftop decks are prohibited on all detached ADUs.
6. Historical Protections. An ADU that is on or within 500 feet of real
property that is listed in the California Register of Historic Resources must be
located so as to not be visible from any public right -of-way.
G. Fees. The following requirements apply to all ADUs that are approved under
subsections D.1 or D.2 above.
1. Impact Fees.
a. No impact fee is required for an ADU that is less than 750 800
square feet in size. For purposes of this subsection G.1, “impact fee”
means a “fee” under the Mitigation Fee Act (Gov. Code § 66000(b))
and a fee under the Quimby Act (Gov. Code § 66477). “Impact fee”
here does not include any connection fee or capacity charge for water
or sewer service.
b. Any impact fee that is required for an ADU that is 750 800 square
feet or larger in size must be charged proportionately in relation to the
square footage of the primary dwelling unit. (E.g., the floor area of the
ADU, divided by the floor area of the primary dwelling, times t he typical
fee amount charged for a new dwelling.)
2. Utility Fees.
a. If an ADU is constructed with a new single-family home, a separate
utility connection directly between the ADU and the utility and payment
of the normal connection fee and capacity charge for a new dwelling
are required.
b. Except as described in subsection G.2.a, converted ADUs on a
single-family lot that are created under subsection D.1.a above are not
required to have a new or separate utility connection directly between
the ADU and the utility. Nor is a connection fee or capacity charge
required.
c. Except as described in subsection G.2.a, all ADUs that are not
covered by subsection G.2.b require a new, separate utility connection
directly between the ADU and the utility for any utility that is provided
by the city. All utilities that are not provided by the city are subject to
the connection and fee requirements of the utility provider.
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i. The connection is subject to a connection fee or capacity
charge that is proportionate to the burden created by the ADU
based on either the floor area or the number of drainage -fixture
units (DFU) values, as defined by the Uniform Plumbing Code,
upon the water or sewer system.
ii. The portion of the fee or charge that is charged by the city
may not exceed the reasonable cost of providing this service.
H. Nonconforming Zoning Code Conditions, Building Code Violations, and
Unpermitted Structures.
1. Generally. The city will not deny an ADU or JADU application due to a
nonconforming zoning condition, building code violation, or unpermitted
structure on the lot that does not present a threat to the public health and
safety and that is not affected by the construction of the ADU or JADU.
2. Unpermitted ADUs constructed before 2018.
a. Permit to Legalize. As required by state law, the city may not deny
a permit to legalize an existing, but unpermitted ADU that was
constructed before January 1, 2018, if denial is based on either of the
following grounds:
i. The ADU violates applicable building standards, or
ii. The ADU does not comply with the state ADU law
(Government Code section 65852.2) or this ADU ordinance
(section 16.52.150).
b. Exceptions:
i. Notwithstanding subsection H.2.a above, the city may deny
a permit to legalize an existing but unpermitted ADU that was
constructed before January 1, 2018, if the city makes a finding
that correcting a violation is necessary to protect the health and
safety of the public or of occupants of the structure.
ii. Subsection H.2.a above does not apply to a building that is
deemed to be substandard in accordance with California Health
and Safety Code section 17920.3.
I. Nonconforming ADUs and Discretionary Approval. Any proposed ADU or
JADU that does not conform to the objective standards set forth in subsections A
through H of this section may be allowed by the city with a conditional use permit, in
accordance with the other provisions of this title.”
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SECTION 5. Publication. A summary of this ordinance shall be published in a
newspaper published and circulated in the City of Arroyo Gran de at least five 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 15 days after adoption of the ordi nance, 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. Effective Date. This ordinance shall become effective 30 days
after adoption.
SECTION 7. Severability. Should any provision of this ordinance, or its
application to any person or circumstance, be determined by a court of competent
jurisdiction to be unlawful, unenforceable or oth erwise void, that determination shall
have no effect on any other provision of this ordinance or the application of t his
ordinance to any other person or circumstance, and, to that end, the provisions hereof
are severable. The City Council declares that it would have adopted all the provisions of
this ordinance that remain valid if any provisions of this ordinance are declared invalid.
SECTION 8. Records. The documents and materials associated with this
ordinance that constitute the record of proceedings on which the City Council’s findings
and determinations are based are located at 300 E. Branch Street, Arroyo Grande, CA
93420. The City Clerk is the custodian of the record of proceedings.
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 _______, 202 4.
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___________________________________
CAREN RAY RUSSOM, MAYOR
ATTEST:
___________________________________
JESSICA MATSON, CITY CLERK
APPROVED AS TO CONTENT:
___________________________________
MATTHEW DOWNING, CITY MANAGER
APPROVED AS TO FORM:
___________________________________
ISAAC ROSEN, CITY ATTORNEY
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