O 541
ORDINANCE NO. 541
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE AMENDING PORTIONS OF TITLE 16 OF THE
MUNICIPAL CODE REGARDING SECOND RESIDENTIAL
DWELLINGS
WHEREAS, the City of Arroyo Grande has a responsibility, pursuant to Government Code
Sections 65583.1, 65852.2, and 65915 to address the need for second residential dwelling
units, while at the same time considering environmental and service constraints; and
WHEREAS, the Housing Element of the General Plan of the City of Arroyo Grande
adopted on October 9,2001, provides for the utilization of second residential dwellings as
an affordable housing incentive in residential zones; and
WHEREAS, the City of Arroyo Grande has conducted environmental review for adoption of
an ordinance establishing procedures to provide for the development of second residential
dwellings in the City of Arroyo Grande, and has found that it can be seen with certainty that
there is no possibility that the proposed second residential dwelling requirements will have
an effect on the environment and therefore is exempt from the provisions of CEQA; and
WHEREAS, the City Council of the City of Arroyo Grande has reviewed and considered the
information in the proposed document and staff report, as well as public testimony
presented at the hearing and make the following findings of fact:
A. The proposed second residential dwelling requirements are consistent with the
goals, objectives, policies, and programs of the General Plan, and are necessary
and desirable to implement the provisions of the General Plan.
B. The proposed second residential dwelling requirements will not adversely affect the
public health, safety, and welfare.
C. The proposed second residential dwelling requirements are consistent with the
purpose and intent of Title 16.
D. The potential environmental impacts of the proposed second residential dwelling
requirements are insignificant.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DOES
ORDAIN AS FOLLOWS:
SECTION 1: Arroyo Grande Municipal Code Section 16.52.150 is hereby amended it its
entirety as follows:
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ORDINANCE NO. 541
PAGE 2
SECTION 16.52.150 - SECOND RESIDENTIAL DWELLINGS
A. Purpose and Intent
The purpose of these standards is to ensure that second residential dwellings
located in Residential Districts do not adversely impact either adjacent residential parcels
or the surrounding neighborhood, and are developed in a manner which protects the
integrity of the Residential District, while providing for needed housing opportunities. There
are environmental and service constraints the City faces, which limit the addition of second
dwellings. In particular, such dwellings may not be appropriate on hillside lots because of
environmental constraints. The addition of a second residential dwelling is limited by urban
service capacity, public safety standards, traffic conditions, fire hazards, privacy impacts
and compatibility with neighboring uses and structures. This Chapter addresses these
limitations.
B. Applicability
1. Second residential dwellings may be permitted in any Residential
District, subject to the standards set forth in this Section.
2. Second residential dwellings may be attached to or detached from the
main dwelling, but are not allowed on the second floor above the
primary residence or garage unless approved through the Minor Use
Permit process. If the second dwelling is attached to the main
dwelling, each shall be served by separate outside entrances. The
interior wall( s) of an attached dwelling which separate it from the main
unit shall be fire rated according to the most recent Uniform Building
Code. An "attached second residential dwelling" shall mean a
dwelling that is either combined within the living area or attached to
the primary residence. A "detached second residential dwelling" shall
mean a dwelling that is not combined within or attached to the primary
residence. For the purposes of this Chapter, "a dwelling" shall not
include a garage or any accessory structure. "Primary residence"
shall mean an existing detached residential structure that conforms
with all applicable zoning regulations.
3. A second residential dwelling may be constructed simultaneously with
or after construction of the principal residence. In addition, an existing
principal residence may be considered the second residential
dwelling, and a new residence may be constructed which would then
be considered the primary residence, provided the standards set forth
in this Section are met.
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ORQI~CE NO. 541
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c. Property Development. Standards
The second residential dwelling shall comply with all zoning regulations and property
development standards ofthe District in which it is located, existing building, health, safety
and fire codes, and architectural review criteria, including, but not limited to, setbacks,
height limits, floor area ratio, and maximum lot coverage. In addition, the following
standards shall apply:
1. Minimum Lot Size
The minimum lot size for a parcel to be eligible for a second dwelling
shall be 6,750 square feet, excluding all rights of way and private
access easements.
2. Building Separation
A detached second residential dwelling shall be located a minimum
distance equal to twice the applicable side yard setback from the
primary residence.
3. Yard Setbacks
The second residential dwelling shall have the same minimum yard
setback requirements as the base zone of the primary residence on
the parcel as outlined in Table 16.32.050-A and Table 16.32.050-B.
Setbacks outlined in Appendix C.W.D.219 as referenced in Table
16.32.050-8 and Table 16.32.050-A shall not be applicable to second
residential dwellings.
4. Architectural Compatibility
The second residential dwelling shall be architecturally compatible
with the primary residence and the surrounding neighborhood, and
shall incorporate the same colors and materials as the primary
residence.
5. Maximum Size
Table 16.52.150-A defines the maximum square footage allowed for a
second dwelling in each residential zoning district. In no case shall
the square footage of a second dwelling exceed fifty percent (50%) of
the square footage of the primary residence.
ORDINANCE NO. 541
PAGE 4
TABLE 16.52.150-A
6. Maximum Slope
The building site upon which the second residential dwelling will be
constructed shall not have an average slope in excess of twenty
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 xL x 100
A x 43,560
Where S = average natural slope, in percent.
1= 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.
7. Parking
A minimum of one off-street parking space shall be provided for each
bedroom in the second residential dwelling, up to a maximum
requirement of two off street parking spaces, in addition to the off-
street parking spaces required for the main dwelling. All parking
spaces shall be exclusive of front and street side yard setbacks.
Such parking spaces shall be located in close proximity to the second
residential dwelling so as to provide convenient access for the
occupant. Proposed tandem parking requires approval of a
conditional use permit.
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ORDINANCE NO. 541
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8. Occupancy Requirements
Second residential dwellings shall not be offered for sale apart from
the primary residence and shall be occupied on a month-to-month
basis or longer. Either the primary residence or the second residential
dwelling must be occupied by the owner of the property.
9. Driveway Access
Second residential dwellings shall be served by the same driveway
access to the street as the primary residence. Properties located on a
corner of two public streets are allowed a separate access from the
primary residence, provided that access for the second dwelling is
from a different public street than the primary residence.
10. Deed Restriction
A deed restriction shall be recorded against the title of the property
containing a second residential dwelling prior to issuance of a building
permit. Such deed restriction shall stipulate that the second dwelling
cannot be sold and the owner of the property must occupy one of the
dwellings on the premises.
11. Utility Meters
Except in multiple family zoning districts, only one electric, one gas
and one water meter shall be allowed on the property and shall serve
both the primary residence and the second residential dwelling.
Applicable utility and development impact fees for the second dwelling
will be assessed at the time a building permit is issued, based on
building area and fixtures added.
12. Minor Use Permit
Any proposed deviation from these standards shall be processed
through a minor use permit application.
13. Other Conditions
a. Second residential dwellings shall be served by City water.
Second residential dwellings shall be prohibited on lots containing a
guesthouse, converted garage, mobile home, or more than one
existing single-family dwelling.
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ORDINANCE NO. 541
PAGE 6
b. Second residential dwellings shall comply with such other
conditions or standards which, in the judgment of the City, are
necessary or appropriate to mitigate possible adverse impacts on the
neighborhood.
D. STATE LAW APPLICABLE
The provisions of this Section shall be subordinate to and superceded by the
controlling provisions of any applicable State law or laws.
SECTION 2: A portion of Arroyo Grande Municipal Code Table 16.32.040-A is amended
as follows:
Table 16.32.040-A Uses Permitted Within Residential Districts
USE RE RH RR RS SF VR MF MFA SR MHP
A Residential Uses
15. Second Residential P P P P P P P P P NP
Dwelling
SECTION 3: Arroyo Grande Municipal Code Chapter 16.04, Section 16.04.070(C.),
DEFINITIONS is amended as follows:
Second Dwelling: A detached or attached dwelling that provides complete,
independent living facilities for one or more persons. It shall include permanent
provisions for living, sleeping, eating, cooking, and sanitation on the same parcel or
parcels upon which the primary residence is situated.
SECTION 4: If any section, subsection, subdivision, paragraph, sentence, clause or
phrase of this Ordinance or any part thereof is for any reason held to be unlawful, such
decision shall not affect the validity of the remaining portion of this Ordinance or any part
thereof. The City Council hereby declares that it would have passed each section,
subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the
act that anyone or more section, subsection, subdivision, paragraph, sentence, clause or
phrases be declared unlawful.
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 Director of Administrative
Services/Deputy City Clerk. Within fifteen (15) days after adoption of the Ordinance, the
summary with the names of those City Council Members voting for and against the
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ORDINANCE NO. 541
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Ordinance shall be pUblished again, and the Director of Administrative Services/Deputy
City Clerk shall post a certified copy of the full text of such adopted Ordinance.
SECTION 6: This Ordinance shall become effective thirty (30) days atter the date of its
adoption.
On motion of Council Member Costello, seconded by Council Member Lubin and on the
following roll call vote, to-wit:
AYES: Council Members Costello, lubin, Dickens and Mayor Ferrara
NOES: None
ABSENT: Council Member Runels
the foregoing Ordinance was adopted this 10th day of June, 2003.
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ORDINANCE NO. 541
PAGE 8
TONY~
ATTEST:
~{Jg~
KELLY TM RE, DIRECTOR OF ADMINISTRATIVE SERVICESI
DEPUTY CITY CLERK
APPROVED AS TO CONTENT:
~~
~ ~AMS,)CITY MANAGER
APPROVED AS TO FORM:
. OFFICIAL CERTIFICATION
I, KEll Y WETMORE, Director of Administrative Services/Deputy City Clerk of
the City of Arroyo Grande, County of San Luis Obispo, State of California, do
hereby certify under penalty of perjury, that the attached is a true, full, and
correct copy of Ordinance No. 541 which was introduced at a regular meeting of
the City Council on May 27, 2003; was passed and adopted at a regular meeting
of the City Council of the City of Arroyo Grande on the 10th day of September,
2003.
I further certify that said Ordinance No. 541 was duly published in summary in
accordance with the law and order of said City Council in The Five Cities Times
Press Recorder, a newspaper printed and published in said City, on 30th day of
May, 2003, at least five days prior to the meeting at which it was proposed for
adoption; and a copy of the summary was posted on the City Hall Bulletin Board.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 13th
day of June, 2003
c?tl{J~
ORE, DIRECTOR OF ADMINISTRATIVE SERVICESI
DEPUTY CITY CLERK
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