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O 482 C.S. . . . ORDINANCE NO. 482 c.s. AN ORDINANCE OF THE CITY COUNCIL OF THE C ~ . ,f .. CITY OF ARROYO GRANDE AMENDING CHAPTER 11 OF TITLE 9 OF THE MUNICIPAL CODE REGARDING SECOND RESIDENTIAL DWELLING UNITS I BE IT ORDAINED BY TIIE CITY COUNCIL OF THE CITY OF ARROYO GRANDE . o:!{ h AS FOLLOWS: ...;.' SECTION 1. Arroyo Grande Municipal Code Section 9-11.140 is amended in its entirety as follows: Section ~-1 1.140 Second Residentinl Dwelling Units A. Purpose and'Intent The purpose of these standards is to ensure that second residential dwelling units located in single family 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 for owners of eligible parcels. I ...... B. Applicability ":. 1. Second residential dwelling units may be permitted in any single family district except the RE District, subject to obtainir,g a Conditional Use Permit pursuant to Section 9-03.050 of this Title and as othexwise provided in this Section. Second residential units are prohibited in the RE District since it is an area of the City :h~lt is not served by the City water or sewer systems but by 1r.dividual wells and septic systems. Second residential dwelling units shaH be prohibited on lots containing a guest house, converted garage, mobile home, or more than one existing single family dwelPng. 2. An "attached second residential dwelling unit" shall mean a dweIling unit that is either combined within the living area or attached to the I primary residence. A "detached second residential dwelling unit" shall mean a dwelling unit that is not combined within or attached to the primary residence. For the purposes of this Section, "dwelling unit" shall not include a garage or any accessory struc- ture. "Primary residence" shall mean an existing detached residen- tial structure that conforms with all applicable zoning regulations. I . , 3. . A second residential dwelling unit may be constructed simulta- neously with or after construction of the principal residence. In addition, an existing principal residence may, with the approval of the Community Development Director, be considered the second residential dwelling unit, and a new residence may be constructed which would then be considered the primary residence. c. Property Development Standards The second residential dwelling unit shall comply with all property development standards of the District in which it is located, existing building and fIre codes, and arChitectural review criteria, including, but not limited to, setbacks, height limits 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 detached second dwelling unit shall be 12,000 square feet. The minimum lo~ size for a p~cel to be eligible for an attached second dw~lling unit shall be 6,000 square feet. ! 2. Building Separation A detached second dwelling unit shall be located at least 20 feet from the primary residence. 3. Yard Setbacks The second residential dwelling unit shall have the same minimum yard setback requirements as the base zone of the primary residence on the parcel. 4. Architectural Compatibility The second residential dwelling unit" shall be architecturally compatible with the primary residence and the surrounding neighborhood, and shall incorporate the same colors and materials as the primary residence. . -- 2 -.----.--. 5. . Maximum Size [ Gross floor area of a second. residential dwelling unit shall not exceed 640 square feet. 6. Parking [ The second residential dwelling unit shall provide one covered and one uncovered off-street parking space, exclusive of front and street i side yard setbacks, in addition to that required for the primary residence pursuant to Chapter 9-12 of this Title. The one covered space may be a carport. 7. Occupancy Requirements Secona dwelling units shall not be offered for sale apart from the primary residence, and shall be ~cupied on a month-ta-month or longer basis. Either the primary residence or the second residential dwelling unit must be occupied by the owner of the property. 8. Perfonnance Standards For establishing conditional use criteria, the Community Develop- E ment Director shall consider the adequacy of water, sewer, drainage, fire and emergency services, and the impact of additional dwelling units on traffic flow. 9. Deed Restriction A deed restriction shall be recorded against the title of the property containing a second dwelling unit prior to issuance of a building permit. Such deed restriction .shall stipulate that the second dwelling unit cannot be sold and the owner of the property must occupy one of the units on the premises. 10. Utility Meters Only one electric and one gas meter shall be allowed on the r property and shall serve both the primary residence and the second unit. L SECTION 2. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance or any part thereof is for any reason held to be unconstitutional, such U ;1 3 - -- -_.._-~----_._,-- 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, sub~ivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that anyone or more section, subsection, subdivision, paragraph, sentence, clause or phrases be declared unconstitu- tional. SECTION 3: Within fifteen (15) days after passage of this Ordinance, it shall be published once, together with the names of the Council me~bers voting thereon, in a newspaper of general circulation within the City. SECTION 4: This Ordinance shall take effect thirty (30) days after its adoption. On motion of Council Member Lady , seconded by Council Member Fuller and on the following roll call vote, to-wit: A YES: Council l-Bnbers Lady, Fuller, Runels, Tolley, and Mayor Dougall NOES: None ABSENT: None ~ the foregoing Ordinance was adopted this 11th day of , 1997. A TIEST: t1~a.~ NANCY A. A VIS, CITY CLERK .. '.' APPROVED AS TO FORM: APPROVED AS TO CONTENT: LYON & CARMEL BY: ~tJU:tr L .If~ ROBERT L. HUNf, CITY MANAGER -- 4 I, NANCY A. DAVIS, .City Clerk of the City of Arroyo Grande, County of San Luis Obispo, [ State of California, do hereby certify under penalty of peIjury that the foregoing Ordinance No. 482 c. s. is a true, full and correct copy of said Ordinance passed and adopted at a regular meeting of said Council on the 11th day of . February , 1997. WITNESS my hand and Seal of the City of Arroyo Grande affixed this 1 R t h day of February , ( 1997. .;r L(] 'a.~ NANCya;:;;t;/IS, CITY CLERK 'J ~ . . . f l [ 5 --'_._"~-,--,-_.~",.,-_.-