Loading...
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: "----,.----.--------- -- 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. - - -- ----------- - ----~---_._-~_.,-_. ------ ----------- ORQI~CE NO. 541 PAGE 3 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. -~--~,._,.~_._._---_.__._-_.__.._. -------.. .....---.. . _..._.._.._....__.__w..-._ _..-...__._~ ORDINANCE NO. 541 PAGE 5 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. _._._--~--~-~_._.__.- ---.-. 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 ~..__..._..,.._-_..- . -- ----------------_.__._~ __~J ORDINANCE NO. 541 PAGE 7 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. _...m_________ ..___ --------..---,..--..-----.". -'--.....- ....--'- 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 ------- ~----- h_