O 716 ORDINANCE NO. 716
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE AMENDING TITLE 16 OF THE
ARROYO GRANDE MUNICIPAL CODE AND ADDING
SECTIONS 16.32.060 AND 16.20.180 PERTAINING TO
REGULATIONS FOR TWO-UNIT RESIDENTIAL
DEVELOPMENT WITHIN SINGLE-FAMILY RESIDENTIAL
ZONES AND TO PARCEL MAPS FOR URBAN LOT SPLITS
TO COMPLY WITH SENATE BILL 9 (SB 9), CALIFORNIA
GOVERNMENT CODE SECTIONS 65852.21 AND 66411.7
(DEVELOPMENT CODE AMENDMENT 2-1-002)
WHEREAS, on September 16, 2021, Governor Gavin Newsom signed Senate Bill 9
into law, which establishes a series of new regulations to allow for ministerial approval
of two units on parcels located in single-family residential zones as set forth in
Government Code Section 65852.21 and ministerial approval of urban lot splits
pursuant to Government Code Section 66411.7; and
WHEREAS, Government Code sections 65852.21 and 66411.7 permit the imposition of
objective zoning standards, objective design standards and objective subdivision
standards on two-unit residential development projects and urban lot splits, provided
that they do not physically preclude the construction of up to two units of at least 800
square feet in floor area; and
WHEREAS, the City of Arroyo Grande desires to amend Title 16 of the Arroyo Grande
Municipal Code to comply with the provisions of Government Code sections 65852.21
and 66411.7; and
WHEREAS, the City of Arroyo Grande has duly initiated this amendment to the Arroyo
Grande Municipal Code to add Section 16.32.060 pertaining to Regulations for Two-
Unit Residential Development within Single-Family Residential Zones and Section
16.20.180 pertaining to Parcel Maps for Urban Lot Spits; and
WHEREAS, the Planning Commission of the City of Arroyo Grande, after giving notices
thereof as required by law, held a public hearing on May 3, 2022 concerning this code
amendment and carefully considered all pertinent testimony and the staff report offered
in the case as presented; and
WHEREAS, on May 3, 2022, the Planning Commission of the Arroyo Grande
recommended to the City Council adding Sections 16.20.180 and 16.32.060 to the
AGMC; and
WHEREAS, the City Council of the City of Arroyo Grande has, after giving notice
thereof as required by law, held public hearings on May 24, 2022 and June 14, 2022,
concerning the addition of AGMC Sections 16.20.180 and 16.32.060; and
ORDINANCE NO. 716
PAGE 2
WHEREAS, the City Council of the City of Arroyo Grande, at its regularly scheduled
public meeting on June 14, 2022 introduced this Ordinance to add Section 16.20.180 to
Title 16, Chapter 20 and 16.32.060 to Title 16, Chapter 32 of the AGMC; 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. The above recitals and findings are true and correct and are incorporated
herein by this reference.
SECTION 2. Section 16.20.180 is hereby added to Title 16, Chapter 20 of the Arroyo
Grande Municipal Code to read as follows:
Section 16.20.180 Parcel Maps for Urban Lot Splits
A. Purpose and Scope
1. This Section implements Government Code section 66411.7 to provide an owner
of property in a single-family zoning district an additional method to subdivide the
parcel for the purpose of housing development.
2. Urban lot split means the subdivision of an existing legal parcel in a single-family
zoning district to create no more than two new parcels.
B. Application and Approval
1. A parcel map for an urban lot split may not be approved except in conjunction
with a concurrently submitted application for building permits for two-unit
residential development pursuant to Section 16.32.060. Development on the
resulting parcels is limited to the residential development approved in the
concurrently submitted building permit applications.
2. A parcel map for an urban lot split must be prepared by a registered civil
engineer or licensed land surveyor in accordance with Government Code
sections 66444 — 66450 and this Section, and submitted for approval to the City
Engineer. A fee in an amount established by City Council resolution must be paid
concurrently with the submission of the parcel map.
3. The City Engineer is the approval authority for parcel maps under this Section.
The City Engineer shall approve a parcel map for an urban lot split if the
Engineer determines that it meets all of the requirements of this Section.
ORDINANCE NO. 716
PAGE 3
C. The following supplemental information is required to be submitted with a parcel
map to establish compliance with the construction plans and all provisions of this
Code and applicable State law:
1. A map of appropriate size and to scale showing all of the following:
a. Total area (in acreage and square feet) of each proposed lot;
b. Location and dimensions of existing and proposed property lines;
c. Zoning District;
d. The location and use of all existing and proposed structures;
e. All required zoning setbacks for the existing and proposed lots;
f. The location of all existing water, sewer, electricity, storm drain, or gas
service lines, pipes, systems, or easements;
g. The location of all proposed new water, sewer, storm drain, lines, pipes,
or systems;
h. The location of any proposed easements for access or public utilities to
serve a lot created by the subdivision;
i. The location of any existing trees larger than four inches in diameter
measured four feet six inches above the base and any such trees
proposed for removal;
j. Any area of the parcel that has a slope of 25% or greater by way of
contours at 5-foot intervals;
k. Name and dimensions, including right-of-way and improved area, of public
and private streets or public alleys adjoining the parcel;
I. Curb, gutter, sidewalk, parkway, and street trees: type, location, and
dimensions;
m. Location of existing or proposed driveway dimensions, materials, and
slope (including cross slope); and
n. Location of existing or proposed pedestrian pathway access to the public
right of way.
2. A statement of the owner, signed under penalty of perjury under the laws of
California, that:
a. The proposed urban lot split would not require or authorize demolition or
alteration of any of the following types of housing:
ORDINANCE NO. 716
PAGE 4
i. Housing that is subject to a recorded covenant, ordinance, or law that
restricts rents to levels affordable to persons and families of moderate,
low, or very low income.
ii. Housing that is subject to any form of rent or price control through a public
entity's valid exercise of its police power.
iii. A parcel or parcels on which an owner of residential real property has
exercised the owner's rights under Section 12.75 (commencing with
Section 7060) of Division 7 of Title 1 of the Government Code to withdraw
accommodations from rent or lease within 15 years before the date that
the development proponent submits an application.
iv. Housing that has been occupied by a tenant in the last three years.
b. The parcel has not been established through prior exercise of an urban lot
split under this Section;
c. Neither the owner of the parcel being subdivided nor any person acting in
concert with the owner has previously subdivided an adjacent parcel
under the provisions of this Section.
d. The owner intends to occupy one of the housing units located on a lot
created by the parcel map as their principal residence for a minimum of
three years from the date of the recording of the parcel map.
e. Rental terms of any unit created in the subdivision shall not be less than
31 consecutive days, nor shall rental terms allow termination of the
tenancy prior to the expiration of at least one thirty-one (31) day period of
occupancy by the same tenant.
f. The uses allowed on a lot created by the parcel map shall be limited to
residential uses.
D. Design and Improvement Requirements
1. A parcel map may subdivide an existing legal parcel to create no more than two
parcels of approximately equal lot area. One parcel shall not be smaller than 40
percent of the lot area of the original parcel proposed for subdivision and neither
parcel shall be smaller than 1,200 square feet.:
2. Each parcel must be served by a separate water service meter and a separate
sewer connection.
3. Each parcel shall either drain to a developed drainage easement or in
accordance with the City's Standard Specification and Engineering Standards.
ORDINANCE NO. 716
PAGE 5
4. Rights-of-way as required for access along all natural watercourses as
necessary for flood control, maintenance, and improvement shall be dedicated.
5. The parcel must satisfy the requirements of Government Code section
66411.7(a).
6. A lot line shall not bisect or be located within 4 feet of any of the following:
a. A dwelling that has been occupied by a tenant at any time during the three
years before the date of the parcel map;
b. A structure designated as a historic structure or a candidate structure
under any City ordinance or included on the State Historic Resources
Inventory;
c. A dwelling that is subject to a recorded covenant, ordinance, or law that
restricts rents to levels affordable to persons and families of moderate,
low, or very low income.
d. Existing easements if the resulting lot would create a developable area
that would interfere with the use of the easement for its intended purpose.
7. The location and orientation of new lot lines shall meet the following standards:
a. Front lot lines shall conform to the minimum public street frontage
requirements of the Development Code; a flag lot, or a lot with a narrow
projecting strip of land extending along a street, is not permitted.
b. Each parcel shall have approximately equal lot width and lot depth,
consistent with the minimum lot sizes described in subsection D.1, above.
Lot depth shall be measured at the midpoint of the front lot line. Lot width
shall be measured by a line connecting two points on opposite interior lot
lines that will result in a line parallel to the front lot line.
c. New lot lines must be straight lines, unless there is a conflict with existing
improvements or the natural environment in which case the line may not
be straight but shall follow the appropriate course.
d. Lot lines facing a street shall generally be parallel to the street. Unless the
minimum public street frontage is provided, the lot line dividing the two
parcels must be parallel to and not less than 50 feet from an existing front
lot line, or outside the front half of the existing lot, whichever is greater.
e. Interior lot lines not facing the street shall be at right angles perpendicular
to the street on straight streets, or radial to the street on curved streets.
f. Lot lines shall be located within appropriate physical locations such as the
top of creek banks, at appropriate topographical changes (top or bottom
ORDINANCE NO. 716
PAGE 6
of slopes etc.) or at locations which clearly separate existing and
proposed land uses.
g. Lot lines shall be contiguous with existing zoning boundaries.
h. The placement of lot lines shall not result in an accessory building or
accessory use on a lot without a main building or primary use on the same
lot, as defined in the Development Code.
i. Lot lines shall not render an existing structure as nonconforming in any
respect (e.g., setbacks, Floor Area Ratio, parking), nor increase the
nonconformity of an existing nonconforming structure.
E. Access Standards
1. Each lot shall front upon or have access to a public street, or be served by an
access easement serving no more than two lots. Access shall be provided in
compliance with these standards:
a. Vehicle access easements serving a maximum of two units shall meet the
following standards:
Easement width shall be a minimum of 10 feet and a maximum of
16 feet, unless a wider driveway is required by the California Fire
Code due to distance of the structure from the easement, or as
needed to meet the driveway and parking standards in the City's
standards.
ii. The minimum length for a vehicle access easement is 20 feet. No
maximum easement length shall be set. If easement length is more
than 75 feet, a vehicle turnaround shall be provided.
iii. No residential structure shall be closer than 3 feet to the easement.
b. Vehicle access easements serving three to four units shall meet the following
standards:
Easement width shall be a minimum of 20 feet.
ii. The minimum length for a vehicle access easement is 20 feet. No
maximum easement length shall be set. If easement length is more
than 75 feet, a vehicle turnaround shall be provided.
iii. No residential structure shall be closer than 5 feet to the easement.
c. Where a lot does not abut a public street, and where no automobile parking
spaces are required or proposed for the residential development, a vehicle
access easement is not required. An easement providing pedestrian access
to a street from each lot shall be provided meeting the following standards:
i. Easement width shall be a minimum of five feet;
ORDINANCE NO. 716
PAGE 7
ii. Pedestrian access easements shall not exceed 200 feet in length.
2. Vehicle access easements shall not be located closer than 25 feet to an
intersection.
3. Access and provisions for fire protection consistent with the California Fire Code
shall be provided for all structures served by an access easement.
4. Surfacing of easements, pedestrian walkways required within easements, and
turnaround dimensions shall meet the requirements of the California Fire Code,
the City's Design Standards, and the parking design standards in the
Development Code.
5. Lots taking access by an easement must record a shared maintenance
agreement for the driveway. The agreement shall be recorded prior to or
concurrently with the final map.
F. Map Requirements
1. The content and form of a parcel map shall meet all the requirements of
Government Code sections 66444 — 66450.
2. The parcel map shall show all easements for public utilities necessary to serve
each lot created by the subdivision.
3. The parcel map shall show all easements necessary to provide each lot with
access to the public or private street or alley abutting the original parcel.
4. The parcel map shall contain a declaration that:
a. Each lot created by the parcel map shall be used solely for residential
dwellings;
b. That rental of any dwelling unit on a lot created by the parcel map shall
not be less than 31 consecutive days, nor shall rental terms allow
termination of the tenancy prior to the expiration of at least one 31-day
period occupancy by the same tenant.
G. Concurrent Processing With Other Ministerial Permits for Housing Development
1. No development, including grading or vegetation removal, shall commence on
either lot, concurrent or subsequent to an urban lot split, unless it is approved
with a valid building permit for the construction of a housing development and
complies with all the objective development and design standards outlined for
two-unit residential development or accessory dwelling units in this Code, or any
other adopted objective design standards in effect at the time a complete
application is submitted.
ORDINANCE NO. 716
PAGE 8
2. A building permit for development on an urban lot split cannot be issued until the
parcel map is recorded.
3. The City Engineer shall deny an urban lot split if the building official has made a
written finding, based upon a preponderance of the evidence, that the proposed
housing development project would have a specific, adverse impact, as defined
and determined in paragraph (2) of subdivision (d) of Section 65589.5 of the
Government Code, upon public health and safety or the physical environment
and for which there is no feasible method to satisfactorily mitigate or avoid the
specific, adverse impact.
H. Prohibition of Further Subdivision
1. A lot created by a parcel map under this Section shall not be further subdivided.
SECTION 3. Section 16.32.060 is hereby added to Title 16, Chapter 32 of the Arroyo
Grande Municipal Code to read as follows:
Section 16.32.060 Two-Unit Residential Development
A. Purpose and Intent.
1. It is the intent of these regulations to provide opportunities for two units on one
legal parcel, consistent with state law and local regulations. In the event of an
inconsistency between this Section and Government Code Section 65852.21,
Government Code Section 65852.21 shall prevail. Provided that Government
Code Sections 65852.21 or 66411.7 are not repealed, qualifying two-unit
residential development in the single-family zoning districts shall be located,
developed, and used in compliance with this Section.
2. In accordance with Government Code Section 65852.21(a)(2), two-unit
residential development shall not be permitted under this Section in any of the
following circumstances:
a. Parcels located in:
i. Wetlands;
ii. Either prime farmland or farmland of statewide importance, as defined
pursuant to United States Department of Agriculture land inventory and
monitoring criteria, as modified for California, and designated on the maps
prepared by the Farmland Mapping and Monitoring Program of the
Department of Conservation;
ORDINANCE NO. 716
PAGE 9
iii. Very high fire severity zones, except if the site has adopted fire hazard
mitigation measures pursuant to existing building standards or state fire
mitigation measures applicable to the development;
iv. A hazardous waste site, unless the site has been cleared by the State for
residential use;
v. Delineated earthquake fault zones, unless the development complies with
applicable seismic protection building code standards;
vi. Special flood hazard areas (100-year flood zones), unless the site has
been subject to a FEMA Letter of Map Revision issued to the City or the
site meets FEMA requirement necessary to meet minimum flood plain
management criteria of the National Flood Insurance Program;
vii. A regulatory flood way identified in a FEMA map, unless the development
has received a no-rise certification;
viii. Lands identified for conservation in an adopted natural resource
protection plan, habitat for protected species, or under a conservation
easement; and
ix. A historic district or property designated pursuant to a local ordinance or
included on the State Historic Resources Inventory.
b. The proposed development would require demolition or alteration of any of the
following types of housing:
i. Housing that is subject to a recorded covenant, ordinance, or law that
restricts rents to moderate, low, or very low incomes;
ii. A unit that has been occupied by a tenant within the past three years; and
iii. A rent-controlled unit.
c. The proposed development would result in the demolition of more than 25
'percent of the existing exterior structural walls, unless the site has not been
occupied by a tenant in the last three years.
d. The building official finds that the proposed development would have a
specific, adverse impact on public health and safety or the physical
environment that cannot be feasibly mitigated or avoided, as defined and
determined in paragraph (2) of subdivision (d) of Government Code Section
65589.5.
ORDINANCE NO. 716
PAGE 10
B. Restrictions.
A qualifying two-unit residential project shall be subject to the following restrictions:
1. The development and use of the dwelling units shall only be valid and permitted
based on the terms established in the Section.
2. The dwelling unit(s) shall not be rented for a period of less than thirty-one (31)
consecutive days, nor shall rental terms allow termination of the tenancy prior
to the expiration of at least one thirty-one (31) day period of occupancy by the
same tenants.
C. Ministerial Approval of Two-Unit Residential Development Projects.
1. The Community Development Director or his/her designee shall ministerially
review and approve a two-unit residential development application and shall not
require a public hearing, provided that the submitted application is complete and
demonstrates that the two-unit residential development project complies with the
requirements contained in this Title 16 and qualifies under Government Code
Section 65852.21(a).
2. In addition to obtaining planning approval for the two-unit residential
development project, the applicant shall be required to obtain a building permit,
and comply with other applicable construction permit requirements prior to the
construction of the dwelling units.
D. Unit Configurations.
The new unit in a two-residential unit development may be permitted in the following
configurations. For the purpose of this section, "unit" means any dwelling unit,
including, but not limited to, two-unit residential development, additional residential
unit, primary residential unit, accessory dwelling unit, or junior accessory dwelling
unit.
1. One new unit incorporated entirely within an existing residential unit.
2. One new unit incorporated entirely within an existing accessory building, including
garages.
3. One new unit attached to and increasing the size of an existing residential unit or
an existing accessory building.
4. One new unit detached from and located on the same lot as an existing unit. A
unit that is attached to another detached accessory building, but not another
residential unit, or is attached by a breezeway or porch, is considered
detached.
ORDINANCE NO. 716
PAGE 11
5. Two newly constructed attached units (duplex) or two detached residential units
on a vacant lot.
6. A two-unit residential development in any of the configurations described above
may be added to a newly created lot concurrently with an approval for a
parcel map for an urban lot split, pursuant to AGMC Section 16.20.180,
Parcel Maps for Urban Lot Splits.
7. Up to two accessory dwelling units pursuant to AGMC Section 16.52.150,
Accessory Dwelling Units, may be proposed in addition to the two units
constructed pursuant to this Section. One accessory dwelling unit may be
added to a lot created through an Urban Lot Split, but only if the resulting lot
is larger than 10,000 square feet in size.
E. Parking.
1. Pursuant to Government Code Section 65852.21(c), one off-street parking space
is required per dwelling unit, unless the parcel is located within one-half mile
of a high-quality transit corridor as defined in subdivision (b) of Section 21155
of the Public Resources Code or a major transit stop as defined in Section
21064.3 of the Public Resources Code or there is a car share vehicle located
within one block of the parcel.
2. All required parking spaces, driveways, and maneuvering areas shall be paved
and permanently maintained with asphalt or concrete to applicable
requirements.
F. Rear and Side Setbacks.
1. No setback shall be applied to existing structures or structures constructed in the
same location and to the same dimensions as an existing structure.
2. For projects not meeting the requirements of subsection 1 above, a minimum
four-foot setback shall be provided from side and rear lot lines.
G. Objective Zoning and Design Standards for Two-Unit Residential Developments.
Government Code Section 65852.21 permits the imposition of objective zoning
standards and objective design standards provided the standards do not physically
preclude the construction of up to two units of at least 800 square feet. Accordingly,
the follow objective standards shall apply to two-unit residential development
projects:
1. Massing and Articulation
ORDINANCE NO. 716
PAGE 12
a. Maximum Unit Size: The total gross floor area of the unit(s), excluding
garages, shall not exceed the floor-area ratios maximums found in Section
16.32.050 of this Title.
b. Building Separation: detached dwelling units shall have a minimum of 10 feet
of separation whether the units are on one lot or adjacent lots.
c. Height: The maximum height of a unit developed pursuant to this Section shall
be 16-feet for any structure, or portions thereof, located within the setback of
the underlying zoning district. Structures, or any portion thereof, located
outside of the setbacks of the underlying zoning district shall conform to the
height requirements of that district.
d. Rooftop decks are not allowed.
2. Colors and Materials.
a. The primary cladding shall be stone, brick, fiber cement, composite wood or
stone, wood, stucco, or other cementitious material. Plywood, such as T1-11
siding, is prohibited.
b. Color schemes shall consist of one primary color and at least one secondary
color, at a minimum. The roof color shall not be considered a color for
purposes of this standard.
3. Parking and Circulation.
a. Parking areas shall not be located between a structure and a public sidewalk
within the front setback, with the exception of permitted driveways. When
parking areas are located in the front yard, outside of the front setback, a
landscape buffer of at least 10 feet between the sidewalk and parking area
shall be provided.
b. All parking areas serving more than one unit shall be internally connected and
shall use shared driveways.
4. Utility and Service Areas.
a. All new dwelling units must connect to City utilities in accordance with Section
13.12.060 of Title 13.
b. Areas for the storage of trash, recycling, and green waste receptacles shall
not be visible from the public right of way.
ORDINANCE NO. 716
PAGE 13
c. All mechanical equipment shall be either screened or hidden from view from
the public street.
SECTION 4. The adoption of this Ordinance is not considered a project, therefore is
statutorily exempt from the requirements of California Environmental Quality Act
(CEQA) pursuant to Division 13 (commencing with Section 21000) 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
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 Paulding, seconded by Council Member Storton, and by
the following roll call vote to wit:
AYES: Council Members Paulding, Storton, and Mayor Ray Russom
NOES: None
ABSENT: Council Members Barneich, and George
the foregoing Ordinance was adopted this 28th day of June, 2022.
ORDINANCE NO. hip
PAGE 14
(\ pø
CAREN RAY 7 SOM, MAYOR
ATTEST:
'- f A4o
SSICA MATSON, CITY CLERK
APPROVED AS TO CONTENT:
.lhit /.6,1 ,
WHITNEY Mc I •NALD, CITY MANAGER
APPROVED AS TO FORM:
.�u
TIMOTHYJ. CARMEL, CITY ATTORNEY
OFFICIAL CERTIFICATION
I, JESSICA MATSON, 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
ee acttiatychcedduOndrdilinbanncteheNo2.87th16dwayhicdhf wjausneint2rood2u2c;introduced ofawaresgudlualrympeuebtilnisghedin
the
City Council on June 14, 2022; was passed and adopted at a regular meeting of
accordance with State law (G.C. 40806).
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 30th
day of June, 2022.
JESSICA MATSON, CITY CLERK