CITY OF GROVER BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 12
Placement: Public Hearing
Meeting Date: July 28, 2025
TO: Honorable Mayor and City Council
FROM: Matthew Bronson, City Manager
PREPARED BY: Megan Martin, Community Development Director Kyle Bell, Senior Planner
SUBJECT: First Reading and Introduction of an Ordinance to Amend the Grover Beach Municipal Code Article IX Development Code, and Resolution to amend the Local Coastal Program by revising Chapter 4, Section
4.10.015 (Accessory Dwelling Units (ADU)) to align with recent changes in State ADU Law requirements.
RECOMMENDATION
1) Introduce the first reading of an ordinance to amend Grover Beach Municipal Code Article IX (Development Code), and Resolution to amend the Local Coastal Program by revising Chapter 4, Section 4.10.015 (Accessory Dwelling Units (ADU)); and 2) Schedule a second reading, by title only, to adopt the Ordinance and Resolution approving a Local Coastal Program Amendment at the next regularly scheduled City Council meeting.
BACKGROUND
On September 9, 2024, the City Council adopted Ordinance No. 24-08, updating various chapters and sections of the City’s Development Code, including Accessory Dwelling Units (ADUs) and Urban Lot Subdivisions, to align with State law requirements, reduce regulatory barriers, and improve internal consistency (City Council Staff Report). The changes reflected in the ordinance were informed by staff’s experience implementing the Development Code and incorporated lessons learned, best practices, and practical refinements. Many of the updates addressed compliance with State mandates, while others focused on removing or reducing development barriers and improving clarity and consistency throughout the Code.
Because a portion of the City is located within the Coastal Zone, these amendments require certification by the California Coastal Commission. Prior to adoption, Coastal Commission staff informed the City of a new review coordination process with the California Department of Housing and Community Development (HCD) for ADU-related amendments. In accordance with this process, the City submitted the adopted ordinance to HCD for review on September 12, 2024. On December 24, 2024, HCD provided a “flyover” review, offering preliminary comments and recommended clarifications related to State ADU law (HCD Flyover Comment Letter). Staff incorporated these comments into revised versions of the ordinance and resolution.
The revised amendments were presented to City Council on February 24, 2025, including a proposed increase in maximum ADU height to 20 feet pursuant to State law (City Council Staff Report). In response to public concerns regarding neighborhood impacts, the Council remanded Staff Report: ADU Ordinance Amendments Page 2
July 28, 2025
the proposed height increase to the Planning Commission for further review. The Commission reviewed these changes on July 1, 2025, as detailed below.
The purpose of this report is to provide additional information and context regarding updates to the City’s ADU regulations following review and comment by HCD. While the City’s initial Development Code update included a comprehensive set of ADU provisions, HCD identified several areas requiring clarification or revision to ensure full alignment with State law. The revised ADU regulations presented in this report respond directly to HCD’s recommendations and are necessary to maintain the City’s compliance with applicable State housing mandates.
In order to streamline review and ensure timely compliance with State ADU law, staff has separated the Development Code update into two ordinances: one focused exclusively on ADU regulations, and a second ordinance addressing all other unrelated amendments which was brought to the Council in the preceding public hearing item. This staff report focuses solely on the ADU Ordinance and highlights the changes made since the Council’s original adoption on September 9, 2024. The updated ordinance reflects both technical refinements and substantive changes required by HCD, with the goal of achieving certification from the California Coastal Commission and ensuring continued consistency with State housing policy.
Ordinance Overview
The proposed amendments to the City’s ADU regulations are intended to align with recent changes in State law, address comments received from the HCD and support the City’s goal of removing barriers to housing production. Where applicable, section references and terminology have also been updated throughout Section 4.10.015 for internal consistency. As shown in Attachment 3 of this report, purple underline indicates amendments to the City’s Development Code Section 4.10.0-15 as presented to the City Council on February 24, 2025. Red underline indicates revisions and minor changes to address comments received from HCD and Coastal Commission staff.
Section 4.10.015.D.1 – Maximum Number of ADUs and JADUs (Single-Unit Dwelling Lots) HCD noted that the City’s prior standard could be interpreted as limiting ADUs to one JADU and one ADU, which does not reflect the full allowances under State law. Government Code Section 66323 permits one JADU, one interior or attached ADU, and one detached ADU per lot with a single-unit dwelling.
The amended language clarifies that up to three ADU types may be developed on the same lot, providing greater flexibility and ensuring consistency with State law.
Section 4.10.015.D.5.b – Maximum Height (Detached ADUs – Single-Unit Dwelling Lots) HCD identified that the City’s previous height limit of 16 feet did not comply with Government Code Section 66321(b)(4), which mandates higher height allowances where a Major Transit Stop or other conditions exist. To respond to HCD concerns, staff revised the language to state:
“A detached ADU shall not exceed 16 feet in height, unless otherwise specified under Government Code Section 66321.”
This provides flexibility and compliance in the event that circumstances or definitions change.
Section 4.10.015.E.1 – Maximum Number of ADUs (Multi-Unit Dwelling Lots) Staff Report: ADU Ordinance Amendments Page 3
July 28, 2025
To conform with Senate Bill (SB) 1211, which took effect January 1, 2025, staff updated the regulations to reflect the expanded allowances for ADUs on multi-family properties. The revised standard now allows for:
• Interior ADUs equal to up to 25% of existing units within the existing multi-unit development (rounded to the nearest whole number, plus one); • Up to eight detached ADUs on lots with existing multi-unit development, not to exceed the number of existing units; and
• No more than two detached ADUs on lots with proposed (i.e., not yet built) multi-unit developments.
This amendment ensures the City remains compliant with SB 1211 and provides a clear framework for future ADU development.
Section 4.10.015.E.3.b – Maximum Height (Detached ADUs – Multi-Unit Dwelling Lots) Similar to Section 4.10.015.D.5.b, HCD identified that the City’s previous height limit of 18 feet for detached ADUs on multi-unit dwelling lots did not comply with Government Code Section 66321(b)(4), which mandates higher height allowances where a Major Transit Stop or other conditions exist. While the transit stations within the City of Grover Beach do not currently meet the legal definition of a Major Transit Stop or a High-Quality Transit Corridor staff revised the language to state:
“A detached ADU shall not exceed 18 feet in height, unless otherwise specified under Government Code Section 66321.”
This provides flexibility and compliance in the event that circumstances or definitions change.
Section 4.10.015.F – Development Standards
HCD noted that the ADU size limits (850 sq. ft. for studios/1-bedrooms; 1,200 sq. ft. for 2+ bedrooms) did not acknowledge exemptions under Government Code Section 66323. In response, staff amended the language of subsection F to include clarification for consistency:
“Development Standards. The standards in this Subsection shall apply to all ADUs and JADUs, unless otherwise exempt under Government Code Section 66323.” Section 4.10.015.G.3.a – JADUs Owner Occupancy
HCD noted that the City’s owner-occupancy requirement did not reflect exemptions under Government Code Section 66333, which excludes governmental agencies, land trusts, and nonprofit housing organizations. The revised language now specifies that owner-occupancy is required unless an exemption under State law applies.
Section 4.10.015.G.7 – JADU Covenant Agreement
Similarly, the City’s covenant agreement language was updated to reflect the same State law exemptions from owner-occupancy requirements, ensuring consistency and legal defensibility.
Section 4.10.015.G.8 – ADU Covenant Agreement
HCD flagged the City’s prior requirement for a covenant agreement as a condition of building permit issuance for ADUs, noting that such a requirement is not authorized under State law. In response, staff has removed Section 4.10.015.G.8 from the ordinance. This change ensures consistency with State ADU law and eliminates an unnecessary permitting barrier.
Staff Report: ADU Ordinance Amendments Page 4
July 28, 2025
Section 4.10.015.H.1 – Alternative Compliance
HCD recommended stronger language in Subsection H.1 to clarify that the City must not “physically preclude” the construction of at least one ADU of 800 square feet. In order to remove ambiguity and ensure compliance with Government Code Section 66321(b)(3), staff revised the language under subsection H.1 to state:
“The standards under this Section shall not physically preclude the construction of one ADU (attached or detached) of up to 800 square feet, in accordance with Government Code Section 66321(b)(3).”
HCD also questioned a clause in Subsection H.3 that excludes existing structures as a physical constraint. After further review, staff determined the current language allows sufficient flexibility to meet the State mandate and no changes were necessary.
Planning Commission Review and Recommendation
On July 1, 2025, the Commission reviewed the proposed amendments and found the changes appropriately addressed HCD’s comments, prior public comment, and concern regarding maximum height of ADUs. The Commission did not recommend any further modifications to the draft ordinance.
As part of this item, the Commission engaged in a broader discussion on recent changes in State housing legislation with a particular focus on ADUs, with concerns expressed by some Commissioners regarding the increasing number of ADUs within the broader region and the lack of parking or replacement parking requirements as mandated by State law. These concerns included the potential for impacts to on-street parking in residential neighborhoods and desire for the City to consider proactive strategies to address these impacts.
These concerns reflect potential future challenges as development continues, though there is currently limited evidence of widespread or acute parking issues related to ADUs in the city. At this time, staff is not proposing changes related to ADUs or parking within residential neighborhoods. However, if the Council believes further evaluation is warranted on parking impacts, the Council may provide direction to staff to analyze this issue in more detail and return with potential policy options though staff would note that such an effort is not currently on the City’s work program for this year. Furthermore, it is important to note that any new local standards for ADUs, particularly those related to parking, would be challenging to enact, as such changes could conflict with State housing laws that are designed to reduce regulatory barriers to housing development.
Coastal Commission and Local Coastal Program Amendment
The Ordinance would amend Chapter 4 of the Development Code (Article IX of the Municipal Code). Development Code Section 1.20.060 identifies all chapters and sections that constitute the ordinances for the implementation of the City’s Local Coastal Plan (LCP) in compliance with the Coastal Act. Therefore, the proposed amendments to the Development Code require an LCP Amendment, which must be approved by the Coastal Commission before the Ordinance becomes effective in the Coastal Zone.
Staff has reviewed the proposed LCP Amendment with the policies in Chapter 3 of the Coastal Act and has determined that the Ordinance would have no effect on public access, recreation, environmentally sensitive habitat areas, or other coastal resources. The proposed ordinance would not change the kind, location, intensity, or density of uses west of Highway 1 because the Staff Report: ADU Ordinance Amendments Page 5
July 28, 2025
development standards are unchanged. Staff have provided the public draft of the proposed changes to Coastal Commission staff for review and comments.
Next Steps
Following the public hearing of the Ordinance on July 28, 2025, the Council will conduct a second reading, by title only, to consider adoption of the amendments on August 25, 2025. Pending Council adoption, staff will forward the LCP amendment to the Coastal Commission. The Coastal Commission’s review process will involve an evaluation of the ordinance to ensure it aligns with both State laws and the Coastal Act. The amended ordinance would become effective the day after Coastal Commission action. Any recommended changes by the Coastal Commission to the LCP amendments would require review and acknowledgment by the Council before the ordinance would be considered effective.
ENVIRONMENTAL REVIEW
This action is not a project within the meaning of the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., “CEQA”) and CEQA Guidelines (Title 14 California Code of Regulations §§ 15000, et seq.) Section 15378(b)(5) and is therefore exempt from CEQA because it will not result in any direct or indirect physical changes in the environment.
FISCAL IMPACT
There is no fiscal impact associated with this action.
ALTERNATIVES
The Council has the following alternatives to consider:
1. Conduct the first reading and introduce an ordinance to amend Grover Beach Municipal code Article IX (Development Code); consider a Resolution to amend the Local Coastal Program by revising Chapter 4 Section 4.10.015 (ADU); and schedule a second reading, by title only, to adopt the Ordinance; and adopt a Resolution approving a Local Coastal Program Amendment at the next regularly scheduled City Council meeting; or
2. Provide alternative direction to staff.
PUBLIC NOTIFICATION
The agenda was posted in accordance with the Brown Act. A legal ad was published in the New Times on July 10, 2025.
ATTACHMENTS
1. Draft Ordinance
2. Draft Local Coastal Program Amendment (Resolution)
3. ADU Ordinance Amendments – Legislative Draft
4. HCD Comment Letter (“Flyover”)
5. HCD Comment Response Letter
Staff Report: ADU Ordinance Amendments Page 6
July 28, 2025
Multi-Year Goals
☐ Public Safety and Community Services ☒ Economic Development and Housing ☐ Community Infrastructure ☐ Financial and Organization Sustainability Council Priorities
☐ Water and Wastewater Infrastructure ☐ Community Engagement Attachment 1
ORDINANCE NO. 25-XX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GROVER BEACH,
CALIFORNIA, ADOPTING AN AMENDMENT TO ARTICLE IX (DEVELOPMENT
CODE) OF THE GROVER BEACH MUNICIPAL CODE TO REPEAL AND
REPLACE CHAPTER 4 SECTION 4.10.015 (ACCESSORY DWELLING UNITS),
THE PROJECT ALSO INCLUDES A LOCAL COASTAL PROGRAM
AMENDMENT.
WHEREAS, the City of Grover Beach (“City”) is a general law city and a political subdivision of the State of California; and
WHEREAS, on June 13, 2022, the City of Grover Beach adopted a comprehensive update of the Development Code (Ordinance No. 22-06); and
WHEREAS, on December 16, 2022, the California Coastal Commission certified the comprehensive update of the Development Code and associated Local Coastal Program amendment (Ordinance No. 22-06); and
WHEREAS, City staff has committed to regular reviews of the Development Code to reflect best practices and identify opportunities for improvements to standards, procedures, and implementation.; and
WHEREAS, the City Council of the City of Grover Beach conducted a public hearing in the Council Chamber of City Hall, 154 South 8th Street, Grover Beach, California on May 28, 2024, for the purpose of provide policy direction to staff regarding various amendments to the City’s Development Code (Municipal Code Article IX); and
WHEREAS, the Planning Commission of the City of Grover Beach conducted a public hearing in the Council Chamber of City Hall, 154 South 8th Street, Grover Beach, California on August 6, 2024, for the purpose of review and recommendation of the various amendments to the City’s Development Code and Local Coastal Program amendment for consideration by the City Council, and
WHEREAS, the City Council conducted a public hearing in the Council Chamber of City Hall, on August 26, 2024, for the purpose of introducing the various amendments to the City’s Development Code and Local Coastal Program amendment; and WHEREAS, the City Council conducted a public hearing in the Council Chamber of City Hall, on September 9, 2024, for the purpose of adopting the various amendments to the City’s Development Code and Local Coastal Program amendment; and WHEREAS, on September 12, 2024, the City of Grover Beach submitted the City Council’s adopted amendments to the Development Code to the California Department of Housing and Community Development (HCD) for review and comment; and WHEREAS, on December 24, 2024, HCD provided formal comments on the City’s submitted amendments to the Development Code, and in response to those comments, the City revised the ordinance; and
WHEREAS, the City Council conducted a public hearing in the Council Chamber of City Hall, on February 24, 2025, pursuant to the revisions made by HCD; at which time the Council Ordinance No. 25-XX Page 2 of 10
directed that the revised ordinance be returned to the Planning Commission for further review; and
WHEREAS, the Planning Commission of the City of Grover Beach conducted a public hearing in the Council Chamber of City Hall, 154 South 8th Street, Grover Beach, California on July 1, 2025, for the purpose of review and recommendation of the various amendments to the City’s Accessory Dwelling Unit Ordinance and Local Coastal Program amendment for consideration by the City Council, and
WHEREAS, the City Council conducted a public hearing in the Council Chamber of City Hall, on July 28, 2025, for the purpose of introducing the various amendments to the City’s Accessory Dwelling Unit Ordinance and Local Coastal Program amendment; and WHEREAS, the City Council conducted a regular meeting in the Council Chamber of City Hall, on ____________, 2025, for the purpose of adopting the various amendments to the City’s Accessory Dwelling Unit Ordinance and Local Coastal Program amendment; and WHEREAS, the City Council finds that the proposed amendment is consistent with the General Plan, Local Coastal Program, and other applicable City goals and policies as amended; and
WHEREAS, notices of said public hearing were made at the time and in the manner required by law.
WHEREAS, the City Council has duly considered all evidence, including the testimony of the applicant, interested parties, and the evaluation and recommendations by staff, presented at said hearing.
WHEREAS, this amendment is not a project within the meaning of the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., “CEQA”) and CEQA Guidelines (Title 14 California Code of Regulations §§ 15000, et seq.) Section 15378 and is therefore exempt from CEQA because it will not result in any direct or indirect physical changes in the environment.
WHEREAS, this amendment requires a Local Coastal Program Amendment; and
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF GROVER BEACH DOES ORDAIN AS FOLLOWS:
Part 1. Recitals. The above recitals are true and correct and are incorporated as though fully set forth herein.
Part 2. Article IX Development Code, any reference is made to any specific section, figure, or table, such reference shall hereby be amended to include the most recent updates made pursuant to this ordinance, ensuring consistency throughout the Development Code.
Part 3. Article IX Development Code, Chapter 4 Section 4.10.015 entitled “Accessory Dwelling Units (ADUs)” is hereby repealed and replaced to read as follows:
A. Purpose. The purpose of this Section is to allow and regulate Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs), both as defined in Ordinance No. 25-XX Page 3 of 10
Section 9.10: Definitions) consistent with Government Code Sections 66310 - 66342.
Implementation of this Section is meant to expand housing opportunities by increasing the number of smaller units available within the city.
B. Permit requirements. Any ADU or JADU that complies with all of the applicable development standards of this Section requires only a ministerial building permit. In the Coastal Zone, an Administrative Coastal Development Permit is required unless exempt consistent with Section 6.20.040.B.2, prior to issuance of building permits.
C. Prohibited Locations. ADUs and JADUs shall be prohibited under the following circumstances.
1. Urban Lot Split. ADUs and JADUs shall be prohibited on properties associated with an Urban Lot Split (see Section 8.160) which also include Urban Dwelling Units (see Section 4.25.060), as described by Government Code Section 65852.21(f).
D. Specific Standards for ADUs and JADUs on a Lot with a Single-Unit Dwelling.
ADU and JADU standards for lots with a proposed or existing single-unit dwelling shall comply with the following:
1. Maximum Number. No more than one JADU, one Interior or Attached ADU, and one Detached ADU shall be allowed per legal lot.
2. JADUs. JADUs shall comply with the requirements of Government Code Section 66333-66339.
3. Interior ADU on a Lot with a Single-Unit Dwelling.
a. Definition. An interior ADU (converted space) is either:
i. Within the space of an existing single-unit dwelling; or ii. Within the existing space of an accessory structure, An Interior ADU may provide for up to 150 additional square foot addition if the expansion is limited to accommodating ingress and egress. b. Access. An interior ADU shall have exterior access that is independent of that for the single-unit dwelling; and
c. Setbacks. An interior ADU shall have side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes.
4. Attached ADU on a Lot with a Single-Unit Dwelling.
a. Definition. An attached ADU consists of new construction that is attached to an existing or proposed structure and is not considered an interior ADU as defined in subsection D.3.a.
b. Maximum Height. An attached ADU shall not exceed 25 feet in height.
Notwithstanding the foregoing, ADUs shall not exceed two stories. c. Minimum Setbacks.
i. Front setback: 15 feet
Ordinance No. 25-XX Page 4 of 10
ii. Interior and street side setback: 4 feet
iii. Rear setback: 4 feet
d. Size. The total floor area of an attached ADU on a lot with a Single-Unit Dwelling shall not exceed 50 percent of the existing primary dwelling and shall comply with Section 4.10.015.F.2 (Size).
5. Detached ADU on a Lot with a Single-Unit Dwelling.
a. Definition. A detached ADU consists of new construction that is detached from any existing structures and is not considered an interior or attached ADU as defined in subsections D.3.a and D.4.a.
b. Maximum Height. A detached ADU shall not exceed 16 feet in height, unless otherwise specified under Government Code Section 66321. c. Minimum Setbacks.
i. Front setback: 15 feet
ii. Interior and street side setback: 4 feet
iii. Rear setback: 4 feet
E. Specific Standards for ADUs on a Lot with Multi-Unit Dwellings. ADU standards for lots in a residential or mixed-use zone with existing or proposed multi-unit dwellings shall comply with the following:
1. Maximum Number.
a. Up to 25 percent of the number of existing units in a multi-unit development (rounded to the nearest whole number, plus one) shall be allowed as Interior ADUs created within the space of the existing multi-family structure; and b. No more than eight detached ADUs per lot with an existing multi-unit development. However, the number of ADUs shall not exceed the number of existing units on the lot; or
c. No more than two detached ADUs per lot with a proposed multi-unit development.
2. Interior ADU on a Lot with Multi-Unit Dwellings.
a. Definition. An interior ADU (conversion of existing space) is created from space located within portions of existing multi-unit dwelling structures that are not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages (and shall not be created from space associated with commercial portions of mixed-use structures); and b. Standards. An interior ADU shall comply with California Building Standards Code for dwellings.
3. Detached ADU on a Lot with Multi-Unit Dwellings.
Ordinance No. 25-XX Page 5 of 10
a. Definition. A detached ADU consists of new construction that is detached from any proposed or existing primary structures and is not considered an interior ADU as defined in subsection E.2.a.
b. Maximum Height. A detached ADU shall not exceed 18 feet in height, unless otherwise specified under Government Code Section 66321. c. Minimum Setbacks.
i. Front setback: 10 feet
ii. Interior and street side setback: 4 feet
iii. Rear setback: 4 feet
F. Development Standards. The standards in this Subsection shall apply to all ADUs and JADUs, unless otherwise exempt under Government Code Section 66323.
1. Density. ADUs and JADUs shall not count towards the allowable density of units per acre prescribed per zone under Development Code Chapter 2 (Zones and Allowable Land Uses).
2. Size.
a. Size Minimum. An ADU or JADU shall have a minimum floor area of 150 square feet.
b. ADU Size Maximum. An ADU shall not exceed 850 square feet for a studio or one-bedroom unit and 1,200 square feet for a unit with two or more bedrooms.
However, no application of any setback or Objective Design Standard may require an ADU to be less than 800 square feet, as described in subsection H of this section.
c. JADU Size Maximum. A JADU shall have a maximum floor area of 500 square feet.
3. Floor Area Ratio. ADUs shall be excluded from the calculation of Floor Area Ratio limitations (Section 2.30.040; Commercial Zones Development Standards).
4. Lot Coverage. ADUs and JADUs shall be excluded from the calculation of lot coverage (Section 3.10.035; Lot Coverage and Exceptions).
5. Open Space Requirements. ADUs and JADUs shall be excluded from the Open Space Requirements (Section 3.10.045; Open Space for Residential Uses).
6. Upper Story Open Spaces. Upper Story Open Spaces associated with the construction of an ADU or JADU shall comply with all requirements under Section
3.10.080 (Upper Story/Rooftop Decks and Open Spaces).
7. Trash Receptacles. JADUs and ADUs shall have direct access to trash receptacles for the property. Plans submitted for building permits shall identify locations of trash, green waste, and recycling receptacles, in compliance with Municipal Code Article V Chapter 4 Section 5401. Projects that include new ADUs that result in more than four dwellings on the property shall comply with Chapter 3, Section 3.10.075 (Trash Enclosures).
Ordinance No. 25-XX Page 6 of 10
8. Parking. ADUs and JADUs are exempt from any additional vehicle parking requirements.
9. Objective Design Standards. The standards in this Subsection shall apply to all ADUs and JADUs.
a. Building Orientation and Primary Entryway.
i. ADUs and JADUs shall have independent exterior access. ii. ADUs and JADUs located within 20 feet from the front or street side property line shall:
(1) Have the primary entrance oriented towards the street; and (2) Provide an entryway that consists of either of the following entryway types:
(a) A front porch with a minimum depth of five feet and a minimum length of eight feet; or
(b) A recess or stoop measuring at least four feet by four feet which is defined by a covered entry, distinct change in roof line, or recess.
(c) See Figure 4.3 in Subsection 4.25.020.D.4 for entryway examples.
b. Massing. The square footage of any story of an ADU or JADU constructed above the first story (excluding conversion of existing space) shall have a maximum floor area that is no more than 80 percent of the floor area of the first story.
i. First floor calculation shall include all interior living areas, including interior and exterior staircases, attached garages, and covered porches connected to the first floor.
ii. The floor area of upper stories is inclusive of all interior living area with walls; all staircases; porches, decks, and balconies that are covered by a roof structure; as well as any mezzanines, lofts, or other partial floor areas. The upper story of the structure shall not cantilever a distance of more than three feet beyond the façade of the first story of the structure. c. Façade Articulation.
i. New construction of any ADU or JADU (excluding conversion of existing space) shall carry the same theme on all elevations. For the purposes of this standard, a theme includes primary (nonaccent) materials and colors.
ii. Blank and/or flat walls shall be prohibited for new ADUs or JADUs (excluding conversion of existing space). Exterior walls along the second story shall provide at least one of the following articulation strategies for every 15 feet along the façade:
(1) Windows or other openings;
Ordinance No. 25-XX Page 7 of 10
(2) Change in wall plane (two feet minimum depth for a length of at least five feet);
(3) A horizontal cornice, wainscot, or other type of banding that wraps along the sides the structure (the banding shall wrap around the entire structure or end along an inside corner that avoids exposed edges);
(4) A change in exterior color or material.
(5) Exceed entryway minimum requirements (per Subsection
4.10.015.E.7.a.2) by an additional width equal to at least 10 percent of the length of the building façade on which the entryway is located.
d. Fenestration.
i. New detached or attached ADUs shall comply with at least one of the following fenestration strategies (or any combination thereof):
(1) Provide window trim on all windows, with a minimum width of 3.5 inches.
(2) Inset all windows by at least two inches from face of glass to face of window trim (or to face of exterior wall if there is no trim). (3) Lintels or awnings applied over all window openings. (4) Windowsills projecting a minimum of two inches beyond the building façade on all windows.
e. Materials.
i. New ADUs and JADUs (excluding conversion of existing space) that include two or more exterior materials shall ensure that exterior material transitions along an inside corner of the structure, avoiding exposed edges when viewed from the side.
ii. The following exterior siding materials shall be prohibited; vinyl and aluminum siding, T-111 plywood, and exterior insulation finishing system (EIFS).
iii. The following roofing materials shall be prohibited: corrugated metal, galvanized metal, or similar sheets and panels for the use of roofing materials are also prohibited.
f. Roofs. New ADUs and JADUs (excluding conversion of existing space) shall comply with at least one of the following:
i. An ADU shall have the same roof style (e.g., gable, hip, etc.) as the roof style of the primary dwelling(s);
ii. An ADU shall have the same roof slope as the dominant roof slope of the primary dwelling(s), with the dominant roof slope being the slope shared by the largest portion of the roof;
Ordinance No. 25-XX Page 8 of 10
iii. An ADU shall have the same roof material and color as the primary dwelling(s); and
G. General ADU and JADU requirements.
1. Separate Conveyance. No subdivision of property shall be allowed where an ADU (including JADUs) has been established and the resulting subdivision does not maintain the primary residence on the same lot as the ADU(s). Except as provided in Government Code Section 66341, ADUs may not be sold or otherwise conveyed separate from the primary residence. JADUs may not be sold or otherwise conveyed separate from the primary residence.
2. Short-Term Rental Prohibited. ADUs and JADUs shall not be rented for a period of less than thirty days. Short Term Rentals are prohibited within any ADU or JADU.
3. Owner Occupancy.
a. JADUs. Owner-occupancy is required for properties on which a JADU is proposed, unless otherwise exempt under Government Code Section 66333.
The owner may reside in the JADU or primary dwelling on the property. b. ADUs. ADUs are not subject to any owner-occupancy requirements unless the property has both an ADU and a JADU, in which case the JADU owneroccupancy requirements apply.
4. Utility Connections. ADUs and JADUs shall be connected to City water and sewer services. Separate utility connections and meters are not required if the ADU/JADU complies with Government Code Section 66324 (d) and (e).
5. Fire Sprinklers and Access.
a. Fire sprinklers are required in an ADU (interior, attached, or detached) and JADU if sprinklers are required in the primary residence. b. The construction of an ADU (interior, attached, or detached) or JADU does not trigger a requirement for fire sprinklers to be installed in the existing primary residence .
c. ADUs or JADUs shall comply with all access requirements in compliance with Municipal Code Article 8 (Building Regulations).
6. Development Impact Fees. Payment of development impact fees are required as follows:
a. ADUs and JADUs with floor area of 750 square feet or less shall not pay development impact fees.
b. ADUs with floor area greater than 750 square feet shall be charged development impact fees that are proportional in relation to the square footage of the primary structure, as shown on the Master Fee Schedule.
7. JADU Covenant Agreement. Prior to the issuance of building permits for a JADU, a covenant agreement shall be recorded against the title of the property in Ordinance No. 25-XX Page 9 of 10
the County Recorder’s office and a copy filed with the Director which discloses the structure’s approved floor plan and status as a “Junior Accessory Dwelling Unit” and agreeing that the owner of the property will occupy either the primary residence or the JADU, unless otherwise exempt under Government Code Section 66333. The covenant agreement must run with the land and bind all future owners. The form of the covenant agreement will be provided by the City.
H. Alternative Compliance.
1. General. The standards under this Section shall not physically preclude the construction of one ADU (attached or detached) of up to 800 square feet, in accordance with Government Code Section 66321(b)(3).
2. Exemption from Standards. To allow for an ADU of up to 800 square feet, development standards shall be modified in the following order and only as necessary to enable the construction of an ADU of up to 800 square feet:
a. Primary Entryway
b. Rear and side setbacks
c. Front setback
d. Massing
3. Application. In an application where standards are requested to be waived, the applicant shall demonstrate that there are no feasible alternatives to redesign the project to comply with the required standards due to existing physical constraints, and that the requested reduction to the relevant standard is the minimum deviation necessary to allow the construction of an ADU of a minimum size of 800 square feet. For the purpose of these requirements, existing structures are not considered a physical constraint.
Part 4. Severability. The City Council declares that, should any provision, section, paragraph, sentence or word of this ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this ordinance as hereby adopted shall remain in full force and effect.
Part 5. Repeal of Conflicting Provisions. The provisions of this ordinance shall govern and supersede any other provisions of the Grover Beach Municipal Code as heretofore adopted by the City of Grover Beach that are in conflict with the provisions of this ordinance.
Part 6. Effective Date. This amendment shall not become effective and in full force and effect until 12:01 a.m. on the thirtieth day after adoption by the City Council, or 12:01 a.m. on the day after final certification by the California Coastal Commission, whichever occurs later.
However, within fifteen (15) days after adoption by the City Council, the Ordinance shall be published once, together with the names of the Council Members voting thereon, in a newspaper of general circulation within the City.
INTRODUCED at a regular meeting of the City Council held on July 28, 2025 and PASSED, APPROVED, and ADOPTED by the City Council on the ___________, 2025, on the following roll call vote, to wit:
Ordinance No. 25-XX Page 10 of 10
AYES: Council Members -
NOES: Council Members -
ABSENT: Council Members -
ABSTAIN: Council Members -
RECUSED: Council Members -
___________________________________
KASSI DEE, MAYOR
Attest:
______________________________
WENDI SIMS, CITY CLERK
Approved as to Form:
_____________________________
ROBERT LOMELI, CITY ATTORNEY
** D R A F T **
Attachment 2
RESOLUTION NO. 25-__
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GROVER BEACH,
CALIFORNIA AUTHORIZING AND DIRECTING THE COMMUNITY
DEVELOPMENT DIRECTOR TO SUBMIT THE AMENDED LOCAL COASTAL PROGRAM AMENDMENT ASSOCIATED WITH ORDINANCE NO. 25-___ TO
THE CALIFORNIA COASTAL COMMISSION FOR FINAL CERTIFICATION WHEREAS, a Local Coastal Program (LCP) amendment is required for any amendment(s) to the City’s Development Code (Article IX of the City’s Municipal Code); and.
WHEREAS, the Local Coastal Program Amendment is intended to be carried out in a manner that is fully in conformity with the Coastal Act; and WHEREAS, the Planning Commission held a public hearing on August 6, 2024, and recommended the City Council approve the Development Code amendment and Local Coastal Program Amendment; and
WHEREAS, the City Council at its meeting on August 26, 2024 conducted first reading of the Development Code Amendments, and adopted the Development Code Amendments at its meeting on September 9, 2024; and
WHEREAS, prior to submitting the LCP Amendment to the California Coastal Commission, Coastal staff informed city staff of a new partnership with the California Department of Housing and Community Development (HCD) and required the amendments relating to the City’s Accessory Dwelling Unit (ADU) Ordinance be reviewed by HCD, prior to final certification; and
WHEREAS, city staff met with a representative of HCD to review the amendments and received comments regarding compliance with state law and recent legislation; and WHEREAS, the City incorporated certain revisions requested by HCD to ensure the City’s ADU Ordinance remains in full compliance with State ADU law and aligns with the intent of recent legislative changes; and
WHEREAS, the City Council at its meeting on February 24, 2025, conducted first reading of the Development Code Amendments, at which time the Council directed that the revised ordinance be remanded to the Planning Commission for further review; and WHEREAS, the Planning Commission held a public hearing on July 1, 2025, and recommended the City Council approve the Accessory Dwelling Unit Ordinance Amendments and Local Coastal Program Amendment; and
WHEREAS, the City Council at its meeting on July 28, 2025 conducted a first reading, by title only, of the Accessory Dwelling Unit Ordinance Amendments, and adopted the Accessory Dwelling Unit Ordinance Amendments at its meeting on __________, 2025; and WHEREAS, this action is not a project within the meaning of the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., “CEQA”) and CEQA Guidelines (Title 14 California Code of Regulations §§ 15000, et seq.) Section 15378(b)(5) and is therefore Resolution No. 25-__ LCP Amendment Development Code Amendments Page 2 exempt from CEQA because it will not result in any direct or indirect physical changes in the environment.
WHEREAS, the proposed Local Coastal Program Amendment will take effect automatically upon final certification by the Coastal Commission unless revisions are made by the Coastal Commission.
NOW, THEREFORE, the City Council of the City of Grover Beach resolves as follows:
The Community Development Director shall submit an amendment of Article IX Development Code associated with the Accessory Dwelling Unit Ordinance No. 25-__, to the California Coastal Commission for final certification.
On motion by Council Member ________, seconded by Council Member ________, and on the following roll-call vote, to wit:
AYES: Council Members -
NOES: Council Members -
ABSENT: Council Members -
ABSTAIN: Council Members -
RECUSED: Council Members -
the foregoing Resolution No. 25-__ was PASSED, APPROVED, and ADOPTED at a regular meeting by the City Council on the ____ of _____ 2025.
____________________________________
KASSI DEE, MAYOR
Attest:
______________________________
WENDI SIMS, CITY CLERK
** D R A F T **
Page | 1
CITY OF GROVER BEACH
ACCESSORY DWELLING UNIT ORDINANCE
AMENDMENTS
LEGISLATIVE DRAFT
Prepared by
Community Development Department
JUNE 2025
Attachment 3
City of Grover Beach Accessory Dwelling Unit Ordinance Amendments – Public Draft Page | 2 Accessory Dwelling Unit Ordinance - Legislative Draft Guide This legislative draft is intended to illustrate the recommended changes to the City of Grover Beach ADU Ordinance, only.
Purple underline indicates amendments to the City’s Development Code Section 4.10.015 as presented to the City Council on February 24, 2025 (not yet locally adopted).
On February 24, 2025, the Council remanded the Ordinance amendments back to staff based on public comment and a request to present certain revisions and modifications to the Planning Commission for recommendation prior to the Council taking action.
Red underline indicates amendments to the City’s Development Code Section 4.10.015 in accordance with California Housing and Community Development (HCD) feedback, Coastal Commission review, and City of Grover Beach Planning Commission policy.
City of Grover Beach Accessory Dwelling Unit Ordinance Amendments – Public Draft Page | 3 CHAPTER 4. STANDARDS FOR SPECIFIC
DEVELOPMENT AND LAND USES
4.10 Standards for Specific Development and Land Uses
4.10.015 Accessory Dwelling Units (ADUs)
A. Purpose. The purpose of this Section is to allow and regulate Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs), both as defined in Section 9.10: Definitions) consistent with Government Code Sections 66310 - 66342.
Implementation of this Section is meant to expand housing opportunities by increasing the number of smaller units available within the city.
B. Permit requirements. Any ADU or JADU that complies with all of the applicable development standards of this Section requires only a ministerial building permit. In the Coastal Zone, an Administrative Coastal Development Permit is required unless exempt consistent with Section 6.20.040.B.2, prior to issuance of building permits.
C. Prohibited Locations. ADUs and JADUs shall be prohibited under the following circumstances.
1. Urban Lot Split. ADUs and JADUs shall be prohibited on properties associated with an Urban Lot Split (see Section 8.160) which also include Urban Dwelling Units (see Section 4.25.060), as described by Government Code Section 65852.21(f).
D. Specific Standards for ADUs and JADUs on a Lot with a Single-Unit Dwelling.
ADU and JADU standards for lots with a proposed or existing single-unit dwelling shall comply with the following:
1. Maximum Number. No more than one JADU, one Interior or Attached ADU, and one Detached ADU shall be allowed per legal lot.
2. JADUs. JADUs shall comply with the requirements of Government Code Section 66333-66339.
3. Interior ADU on a Lot with a Single-Unit Dwelling.
a. Definition. An interior ADU (converted space) is either:
i. Within the space of an existing single-unit dwelling; or ii. Within the existing space of an accessory structure, City of Grover Beach Accessory Dwelling Unit Ordinance Amendments – Public Draft Page | 4 An Interior ADU may provide for up to 150 additional square foot addition if the expansion is limited to accommodating ingress and egress. b. Access. An interior ADU shall have exterior access that is independent of that for the single-unit dwelling; and
c. Setbacks. An interior ADU shall have side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes.
4. Attached ADU on a Lot with a Single-Unit Dwelling.
a. Definition. An attached ADU consists of new construction that is attached to an existing or proposed structure and is not considered an interior ADU as defined in subsection DC.3.a.
b. Maximum Height. An attached ADU shall not exceed 25 feet in height.
Notwithstanding the foregoing, ADUs shall not exceed two stories. c. Minimum Setbacks.
i. Front setback: 15 feet
ii. Interior and street side setback: 4 feet
iii. Rear setback: 4 feet
d. Size. The total floor area of an attached ADU on a lot with a Single-Unit Dwelling shall not exceed 50 percent of the existing primary dwelling and shall comply with Section 4.10.015.F,2E.1 (Size).
5. Detached ADU on a Lot with a Single-Unit Dwelling.
a. Definition. A detached ADU consists of new construction that is detached from any existing structures and is not considered an interior or attached ADU as defined in subsections CD.3.a and CD.4.a
b. Maximum Height. A detached ADU shall not exceed 16 feet in height, unless otherwise specified under Government Code Section 66321. c. Minimum Setbacks.
i. Front setback: 15 feet
ii. Interior and street side setback: 4 feet
iii. Rear setback: 4 feet
E. Specific Standards for ADUs on a Lot with Multi-Unit Dwellings. ADU standards for lots in a residential or mixed-use zone with existing or proposed multi-unit dwellings shall comply with the following:
1. Maximum Number.
a. Up to 25 percent of the number of existing units in a multi-unit development (rounded to the nearest whole number, but no less than oneplus one) shall be allowed as interior ADUs created within the space of the existing or proposed multi-family structure; and
City of Grover Beach Accessory Dwelling Unit Ordinance Amendments – Public Draft Page | 5 b. No more than two detached ADUs per lot with an existing or proposed multiunit development.No more than eight detached ADUs per lot with an existing multi-unit development. However, the number of ADUs shall not exceed the number of existing units on the lot; or
c. No more than two detached ADUs per lot with an existing or proposed multi-unit development.
2. Interior ADU on a Lot with Multi-Unit Dwellings.
a. Definition. An interior ADU (conversion of existing space) is created from space located within portions of existing multi-unit dwelling structures that are not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages (and shall not be created from space associated with commercial portions of mixed-use structures); and b. Standards. An interior ADU shall comply with California building code standardsCalifornia Building Standards Code for dwellings.
3. Detached ADU on a Lot with Multi-Unit Dwellings.
a. Definition. A detached ADU consists of new construction that is detached from any proposed or existing primary structures and is not considered an interior ADU as defined in subsection DE.2.a.
b. Maximum Height. A detached ADU shall not exceed 18 feet in height, unless otherwise specified under Government Code Section 66321. c. Minimum Setbacks.
i. Front setback: 10 feet
ii. Interior and street side setback: 4 feet
iii. Rear setback: 4 feet
F. Development Standards. The standards in this Subsection shall apply to all ADUs and JADUs, unless otherwise exempt under Government Code Section 66323.
1. Density. ADUs and JADUs shall not count towards the allowable density of units per acre prescribed per zone under Development Code Chapter 2 (Zones and Allowable Land Uses).
2. Size.
a. Size Minimum. An ADU or JADU shall have a minimum floor area of 150 square feet.
b. ADU Size Maximum. An ADU shall not exceed 850 square feet for a studio or one-bedroom unit and 1,200 square feet for a unit with two or more bedrooms.
However, no application of any setback or Objective Design Standard may require an ADU to be less than 800 square feet, as described in subsection GH of this section.
c. JADU Size Maximum. A JADU shall have a maximum floor area of 500 square feet.
City of Grover Beach Accessory Dwelling Unit Ordinance Amendments – Public Draft Page | 6
3. Floor Area Ratio. ADUs shall be excluded from the calculation of Floor Area Ratio limitations (Section 2.30.040; Commercial Zones Development Standards).
4. Lot Coverage. ADUs and JADUs shall be excluded from the calculation of lot coverage (Section 3.10.035; Lot Coverage and Exceptions).
5. Open Space Requirements. ADUs and JADUs shall be excluded from the Open Space Requirements (Section 3.10.045; Open Space for Residential Uses).
6. Upper Story Open Spaces. Upper Story Open Spaces associated with the construction of an ADU or JADU shall comply with all requirements under Section
3.10.080 (Upper Story/Rooftop Decks and Open Spaces).
7. Trash Receptacles. JADUs and ADUs shall have direct access to trash receptacles for the property. Plans submitted for building permits shall identify locations of trash, green waste, and recycling receptacles, in compliance with Municipal Code Article V Chapter 4 Section 5401. Projects that include new ADUs that result in more than four dwellings on the property shall comply with Chapter 3, Section 3.10.075 (Trash Enclosures).
8. Parking. ADUs and JADUs are exempt from any additional vehicle parking requirements.
9. Objective Design Standards. The standards in this Subsection shall apply to all ADUs and JADUs.
a. Building Orientation and Primary Entryway.
i. ADUs and JADUs shall have independent exterior access. ii. ADUs and JADUs located within 20 feet from the front or street side property line shall:
(1) Have the primary entrance oriented towards the street; and (2) Provide an entryway that consists of either of the following entryway types:
(a) A front porch with a minimum depth of five feet and a minimum length of eight feet; or
(b) A recess or stoop measuring at least four feet by four feet which is defined by a covered entry, distinct change in roof line, or recess. (c) See Figure 4.3 in Subsection 4.25.020.D.4 for entryway examples. b. Massing. The square footage of any story of an ADU or JADU constructed above the first story (excluding conversion of existing space) shall have a maximum floor area that is no more than 80 percent of the floor area of the first story.
i. First floor calculation shall include all interior living areas, including interior and exterior staircases, attached garages, and covered porches connected to the first floor.
City of Grover Beach Accessory Dwelling Unit Ordinance Amendments – Public Draft Page | 7 ii. The floor area of upper stories is inclusive of all interior living area with walls; all staircases; porches, decks, and balconies that are covered by a roof structure; as well as any mezzanines, lofts, or other partial floor areas.
The upper story of the structure shall not cantilever a distance of more than three feet beyond the façade of the first story of the structure. c. Façade Articulation.
i. New construction of any ADU or JADU (excluding conversion of existing space) shall carry the same theme on all elevations. For the purposes of this standard, a theme includes primary (non-accent) materials and colors. ii. Blank and/or flat walls shall be prohibited for new ADUs or JADUs (excluding conversion of existing space). Exterior walls along the second story shall provide at least one of the following articulation strategies for every 15 feet along the façade:
(1) Windows or other openings;
(2) Change in wall plane (two feet minimum depth for a length of at least five feet);
(3) A horizontal cornice, wainscot, or other type of banding that wraps along the sides the structure (the banding shall wrap around the entire structure or end along an inside corner that avoids exposed edges); (4) A change in exterior color or material.
(5) Exceed entryway minimum requirements (per Subsection
4.10.015.E.7.a.2) by an additional width equal to at least 10 percent of the length of the building façade on which the entryway is located. d. Fenestration.
i. New detached or attached ADUs shall comply with at least one of the following fenestration strategies (or any combination thereof):
(1) Provide window trim on all windows, with a minimum width of 3.5 inches.
(2) Inset all windows by at least two inches from face of glass to face of window trim (or to face of exterior wall if there is no trim). (3) Lintels or awnings applied over all window openings. (4) Windowsills projecting a minimum of two inches beyond the building façade on all windows.
e. Materials.
i. New ADUs and JADUs (excluding conversion of existing space) that include two or more exterior materials shall ensure that exterior material transitions along an inside corner of the structure, avoiding exposed edges when viewed from the side.
City of Grover Beach Accessory Dwelling Unit Ordinance Amendments – Public Draft Page | 8 ii. The following exterior siding materials shall be prohibited; vinyl and aluminum siding, T-111 plywood, and exterior insulation finishing system (EIFS).
iii. The following roofing materials shall be prohibited: corrugated metal, galvanized metal, or similar sheets and panels for the use of roofing materials are also prohibited.
f. Roofs. New ADUs and JADUs (excluding conversion of existing space) shall comply with at least one of the following:
i. An ADU shall have the same roof style (e.g., gable, hip, etc.) as the roof style of the primary dwelling(s);
ii. An ADU shall have the same roof slope as the dominant roof slope of the primary dwelling(s), with the dominant roof slope being the slope shared by the largest portion of the roof;
iii. An ADU shall have the same roof material and color as the primary dwelling(s); and
G. General ADU and JADU requirements.
1. Separate Conveyance. No subdivision of property shall be allowed where an ADU (including JADUs) has been established and the resulting subdivision does not maintain the primary residence on the same lot as the ADU(s). Except as provided in Government Code Section 66341, ADUs may not be sold or otherwise conveyed separate from the primary residence. JADUs may not be sold or otherwise conveyed separate from the primary residence.
2. Short-Term Rental Prohibited. ADUs and JADUs shall not be rented for a period of less than thirty days. Short Term Rentals are prohibited within any ADU or JADU.
3. Owner Occupancy.
a. JADUs. Owner-occupancy is required for properties on which a JADU is proposed, unless otherwise exempt under Government Code Section 66333.
The owner may reside in the JADU or primary dwelling on the property. b. ADUs. ADUs are not subject to any owner-occupancy requirements unless the property has both an ADU and a JADU, in which case the JADU owneroccupancy requirements apply.
4. Utility Connections. ADUs and JADUs shall be connected to City water and sewer services. Separate utility connections and meters are not required if the ADU/JADU complies with Government Code Section 66324 (d) and (e).
5. Fire Sprinklers and Access.
a. Fire sprinklers are required in an ADU (interior, attached, or detached) and JADU if sprinklers are required in the primary residence.
City of Grover Beach Accessory Dwelling Unit Ordinance Amendments – Public Draft Page | 9 b. The construction of an ADU (interior, attached, or detached) or JADU does not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.
c. ADUs or JADUs shall comply with all access requirements in compliance with Municipal Code Article 8.
6. Development Impact Fees. Payment of development impact fees are required as follows:
a. ADUs and JADUs with floor area of 750 square feet or less shall not pay development impact fees.
b. ADUs with floor area greater than 750 square feet shall be charged development impact fees that are proportional in relation to the square footage of the primary structure, as shown on the Master Fee Schedule.
7. JADU Covenant Agreement. Prior to the issuance of building permits for a JADU, a covenant agreement shall be recorded against the title of the property in the County Recorder’s office and a copy filed with the Director which discloses the structure’s approved floor plan and status as a “Junior Accessory Dwelling Unit” and agreeing that the owner of the property will occupy either the primary residence or the JADU, unless otherwise exempt under Government Code Section 66333. The covenant agreement must run with the land and bind all future owners. The form of the covenant agreement will be provided by the City.
8. ADU Covenant Agreement. Prior to issuance of a building permit for an ADU, a covenant agreement must be recorded against the title of the property in the County Recorder’s office and a copy filed with the Director which discloses the structure’s approved floor plan and status as an “Accessory Dwelling Unit”. The covenant agreement must run with the land and bind all future owners. The form of the covenant agreement will be provided by the City.
H. Alternative Compliance.
1. General. The standards under this Section are not intended toshall not physically preclude the construction of one ADU (attached or detached) of up to 800 square feet, in accordance with Government Code Section 66321(b)(3).
2. Exemption from Standards. To allow for an ADU of up to 800 square feet, development standards shall be modified in the following order and only as necessary to enable the construction of an ADU of up to 800 square feet:
a. Primary Entryway
b. Rear and side setbacks
c. Front setback
d. Massing
3. Application. In an application where standards are requested to be waived, the applicant shall demonstrate that there are no feasible alternatives to redesign the project to comply with the required standards due to existing physical constraints, City of Grover Beach Accessory Dwelling Unit Ordinance Amendments – Public Draft Page | 10 and that the requested reduction to the relevant standard is the minimum deviation necessary to allow the construction of an ADU of a minimum size of 800 square feet. For the purpose of these requirements, existing structures are not considered a physical constraint.
A. Purpose.
1. This Section provides standards for accessory dwelling units including junior accessory dwelling units where allowed by Chapter 2 (Zones and Allowable Land Uses).
2. To provide for the creation of accessory dwelling units consistent with Government Code Sections 65852.2 and 65852.22 as amended.
Implementation of this Section is meant to expand housing opportunities by increasing the number of smaller units available within the city.
B. Density. Accessory dwelling units shall not count towards the allowable density of units per acre prescribed in the General Plan and Development Code.
C. Permit requirements. A Zoning Clearance shall be required to ensure compliance with this Section prior to issuance of building permits. In the Coastal Zone, a Coastal Development Permit is required unless exempt consistent with Section 6.20.040.B.2.
D. Size of Accessory Dwelling Unit. An accessory dwelling unit (detached or attached) shall have a minimum floor area of 150 square feet and maximum floor area of 1,200 square feet, or less than the square footage of the primary dwelling, whichever is less. Junior accessory dwelling units shall comply with Subsection L.
E. Building Height.
1. A detached accessory dwelling unit shall not exceed 16 feet in height.
2. An attached accessory dwelling unit or an accessory dwelling unit constructed over a garage or carport shall not exceed 25 feet in height. Any portions of the accessory dwelling unit constructed within the zone’s standard required building setback areas shall not exceed 16 feet in height.
E. Limitation on Number.
1. A maximum of one accessory dwelling unit and/or one junior accessory dwelling unit is allowed per lot with an existing or proposed single-unit dwelling consistent with Government Code Section 65852.2.(e).
2. Accessory dwelling units within multi- unit and mixed-use developments shall comply with the following:
a. The maximum number of accessory dwelling units shall not exceed 25% of the number of existing or proposed multi-unit dwellings but shall not be less than one unit.
b. The accessory dwelling units may be permitted in either converted portions of a structure that are not used as livable space, (e.g., garages, laundry rooms, etc).
City of Grover Beach Accessory Dwelling Unit Ordinance Amendments – Public Draft Page | 11 c. A maximum of two detached accessory dwelling units, in addition to the converted portions of a structure, are permitted per lot.
F. Limitation on Use. No accessory dwelling unit shall be utilized as a short-term rental unless exempt consistent with Section 4.10.185.Q.
G. Utility Connections. Accessory dwelling units shall be connected to City water and sewer services. Separate utility connections and meters are not required if the ADU complies with Government Code Section 65852.2 (e)(1)(A).
H. Development Impact Fees. Payment of development impact fees are required as follows:
1. Accessory dwelling units with floor area of 750 square feet or less shall not pay development impact fees.
2. Accessory dwelling units with floor area greater than 750 square feet shall be charged development impact fees that are proportional, as shown on the Master Fee Schedule.
I. Building Design Standards for Accessory Dwelling Units.
1. Access and Entries.
a. ADU and/or JADU shall have direct exterior access independent of the exterior access of the primary dwelling.
b. On interior lots if an ADU is abutting the street, the primary entrance oriented towards the street and directly accessible from an adjacent sidewalk (where no sidewalk exists, the connection shall be to the abutting public street) and the entryways shall consist of:
i. A front porch with a minimum depth of five feet, as measured from the building façade to the posts, and a minimum length of eight feet; or
ii. A portico, recess, or stoop measuring at least four feet by four feet which is well defined by a gabled entry, distinct change in roof line or columns, or has some other significant architectural distinction. c. On corner lots, if an ADU entry is facing the street, entryways shall consist of:
i. A front porch with a minimum depth of five feet, as measured from the building façade to the posts, and a minimum length of eight feet; or
ii. A portico, recess, or stoop measuring at least four feet by four feet which is well defined by a gabled entry, distinct change in roof line or columns, or has some other significant architectural distinction.
2. Massing. The square footage of any story of an ADU constructed above the first story (and not a conversion of existing space) shall have a maximum floor area that is no more than 80 percent of the floor area of the first story.
City of Grover Beach Accessory Dwelling Unit Ordinance Amendments – Public Draft Page | 12 a. First floor calculation shall include all interior living areas, including interior and exterior staircases, attached garages, and covered porches connected to the first floor.
b. The floor area of upper stories is inclusive of all interior living area with walls; all staircases; porches, decks, and balconies that are covered by a roof structure; and all cantilevered structures that extend beyond the first-floor footprint that do not extend to the ground, including but not limited to living area, roof decks, bay windows, chimneys, and staircases; as well as any mezzanines, lofts, or other partial floor areas. Maximum cantilevered area shall not exceed three feet.
3. Façade Articulation.
a. New detached or attached accessory dwelling units shall carry the same theme on all elevations. For the purposes of this standard, a theme includes primary (non-accent) materials and colors.
b. New detached or attached ADUs shall not include blank walls (e.g., without doors or windows) greater than 25 feet in length if visible from the public right-of-way.
c. New detached or attached accessory structures shall provide trim at all exterior window and door openings. In lieu of exterior window trim, windows shall be recessed from a wall plane by a minimum of three inches. d. For new detached or attached ADUs, vinyl and aluminum siding, T-111 plywood, and exterior insulation finishing system (EIFS) are prohibited.
J. Development Standards for Accessory Dwelling Units. ADUs shall comply with all applicable development standards in this Development Code and Municipal Code Article 8 Building Regulations, except to the extent they are inconsistent with the following development standards which shall govern when applied to accessory dwelling units.
1. Minimum interior side, street side and rear setbacks shall be four feet for detached or attached accessory dwelling units when the building height does not exceed 16 feet.
2. Existing nonconforming setbacks of permitted structures may be maintained if converted to an accessory dwelling unit.
3. Accessory dwelling units shall be excluded from the calculation of lot coverage. (Section 3.10.035; Lot Coverage and Exceptions)
4. Accessory dwelling units in multi- unit dwellings shall be excluded from the open space requirements in Section 3.10.045.
5. No minimum lot size is required to develop an accessory dwelling unit.
6. Installation of fire sprinklers shall not be required in an accessory dwelling unit if they are not required for the primary residence, but shall comply with all access requirements in compliance with Municipal Code Article 8.
City of Grover Beach Accessory Dwelling Unit Ordinance Amendments – Public Draft Page | 13 K. Development Standards for Junior Accessory Dwelling Units. Junior accessory dwelling units shall comply with the requirements of Subsection A through K, except to the extent they are inconsistent with the following development standards which shall govern when applied to junior accessory dwelling units.
1. Limitation on Use. Junior accessory dwelling units shall be allowed only where the use is limited to an existing or proposed single-unit dwelling.
2. Location. A junior accessory dwelling unit shall be constructed within the walls of the primary unit, including an attached garage.
3. Size of Junior Accessory Dwelling Unit. A junior accessory dwelling unit shall have a maximum floor area of 500 square feet.
4. Interior requirements. A junior accessory dwelling unit shall include at least the following:
a. A cooking facility, a sink, and food preparation counter of no less than 30 inches in width.
b. A separate or shared bathroom with the primary residence. c. A separate entrance from the main entrance to the primary residence.
5. Occupancy Requirements. Either the junior accessory dwelling unit or the primary dwelling unit shall be owner occupied. A covenant agreement shall be recorded prior to occupancy.
December 24, 2024
City of Grover Beach Ordinance No. 24-08 Flyover
Reviewed by: David Barboza
The following comments reflect conflicts between current State ADU Laws and the ADU regulations found in the City of Grover Beach’s Ordinance No. 24-08. Where local ADU regulations conflict with State ADU Law without basis in any superseding laws, the City must amend the ADU Ordinance to bring the local regulations into compliance with State ADU Law. This flyover review represents a non-exhaustive list of conflicts to identify major inconsistences particularly due to recent State ADU Law updates.
Findings
1. Section 2.40.030, Table 2.61 allows some primary residential uses in the CI, CIC and I zones (e.g., live-work units). ADUs are allowed in these mixed-use zones as well, with a proposed or existing primary dwelling.2
2. Section 3.10.062.G, Table 3.2 requires minimum side and rear setbacks greater than four feet for mixed-use buildings on properties which abut residential properties. However, in the even that a mixed-use building contains an ADU, a side or rear yard setback greater than four feet may not be required for the ADU.3
3. Section 4.10.015.C.1 states: “Urban Lot Split. ADUs and JADUs shall be prohibited on properties associated with an Urban Lot Split (see Section 8.160) which also include Urban Dwelling Units (see Section 4.25.060), as described by Government Code Section 65852.21 (f).” However, if a property is created by an urban lot split and contains one primary dwelling unit, one ADU or one JADU may be added to reach to the two-unit cap which applies to such lots. 4 4. Section 4.10.015.D.1 states, with regard to lots with single-unit dwellings:
“Maximum Number. No more than one JADU and one ADU shall be allowed per legal lot.” However, Government Code section 66323, subdivision (a) requires local agencies to approve one conversion ADU, one JADU and one detached ADU on a lot in a residential or mixed-use zone with an existing or proposed single-family residence.5
5. Section 4.10.015.D.3.a.i states an interior ADU on a lot with a single-unit dwelling must be: “Within the space of an existing single-unit dwelling […]”. However, an 1 All references to sections listed first in each finding are to Ordinance No. 24-08, unless otherwise noted.
2 Gov. Code, § 66323, subd. (a).
3 Gov. Code, §§ 66314, subd. (d)(7) & 66323, subds. (a)(2) & (a)(4). 4 Gov. Code, § 66411.7, subd. (j).
5 “Notwithstanding Sections 66314 to 66322, inclusive, a local agency shall ministerially approve an application for a building permit within a residential or mixed-use zone to create any of the following: […]”. Gov. Code, § 66323, subds. (a)(1) & (a)(2).
Attachment 4
interior conversion ADU may be proposed with an existing or a proposed singlefamily dwelling.6
6. Section 4.10.015.D.4.a makes a reference to “subsection C.3.a” regarding interior ADUs. However, this section does not include a subsection C.3.a. The reference appears to be intended for subsection D.3.a of section 4.10.015.
7. Section 4.10.015.D.4.c.i requires an attached ADU on a lot with a single-unit dwelling to have a front setback of at least 15 feet. However, State ADU Law contains two exceptions to front yard setback requirements, which are not mentioned in the Ordinance.
7 8. Section 4.10.015.D.4.d states: “The total floor area of an attached ADU on a lot with a Single-Unit Dwelling shall not exceed 50 percent of the existing primary dwelling and shall comply with Section 4.10.015.E.1 (Size).” However, an 850 square-foot ADU or a 1,000 square-foot ADU (if the ADU has two or more bedrooms) is allowable regardless of the 50 percent rule.8 The reference to section 4.10.015.E.1 does not appear relevant to this topic and may be intended for a different part of the Ordinance.
9. Section 4.10.015.D.5.a makes references to “subsections C.3.a and C.4.a.” However, these subsections do not appear in section 4.10.015. The references appear to be intended for subsections D.3.a and D.4.a of section 4.10.015.
10.Section 4.10.015.D.5.b states: “A detached ADU shall not exceed 16 feet in height.” However, Government Code section 66321, subdivision (b)(4)(A-C) lays out three scenarios for the minimum detached ADU heights a local agency must allow, two of which exceed 16 feet.9
11.Section 4.10.015.D.5.c.i requires a detached ADU on a lot with a single-unit dwelling to have a front setback of at least 15 feet. However, State ADU Law contains two exceptions to front yard setback requirements, which are not mentioned in the Ordinance.
10 12.Section 4.10.015.E.1.b allows: “No more than two detached ADUs per lot with an existing or proposed multi-unit development.” However, SB 1211 (Chapter 296, Statutes of 2024) will change the allowable number of ADUs detached from an existing multifamily dwelling to eight, but not to exceed the number of existing units on the lot.11 This law will take effect on January 1, 2025.
13.Section 4.10.015.E.2.b states: “An interior ADU shall comply with California building code standards for dwellings.” While this is similar to language in State ADU Law, we recommend referring to the California Building Standards Code instead, since that term encompasses the California Residential Code, California 6 Gov. Code, §§ 66314, subd. (d)(2) & 66323, subd. (a)(1). 7 Gov. Code, §§ 66321, subd. (b)(3) & 66323.
8 Gov. Code, § 66321, subd. (b)(2).
9 The three scenarios vary based on primary dwelling type, proximity to certain types of transit stops and whether two additional feet are necessary to match roof pitch. Two of these scenarios allow heights of up to 18 or 20 feet.
10 Gov. Code, §§ 66321, subd. (b)(3) & 66323.
11 SB 1211 does not change the number of multifamily detached ADUs allowed with a proposed multifamily dwelling.
Building Code and other related codes in Title 24 of the California Code of Regulations.
14.Section 4.10.015.E.3.a states: “A detached ADU consists of new construction that is detached from any proposed or existing structures and is not considered an interior ADU as defined in subsection D.2.a.” However, a detached ADU is an ADU detached from the primary dwelling. A detached ADU may be attached to other ADUs or accessory structures on the property without losing its status as “detached.”12 Subsection D.2.a does not appear and the reference appears to be intended for subsection E.2.a of section 4.10.015.
15.Section 4.10.015.E.3.b states: “A detached ADU shall not exceed 18 feet in height.” However, when the conditions described in Government Code section 66321, subdivision (b)(4)(B), are met, an ADU may be up to 20 feet in height.
16.Section 4.10.015.E.3.c.i requires multifamily detached ADUs to be set back at least ten feet from the front property line. However, State ADU Law contains two exceptions to front yard setback requirements, which are not mentioned in the Ordinance.13
17.Section 4.10.015.F.2.b states: “An ADU shall not exceed 850 square feet for a studio or one bedroom unit and 1,200 square feet for a unit with two or more bedrooms. However, no application of any setback or Objective Design Standard may require an ADU to be less than 800 square feet, as described in subsection G of this section.” The 1,200 square-foot maximum floor area does not apply to an ADU approved under Government Code section 66323, subdivision (a)(4).
Subsection G does not describe how setbacks or objective design standards will be waived if they would require an ADU to be less than 800 square feet.
18.Section 4.10.015.F.9 states: “standards in this Subsection shall apply to all ADUs and JADUs.” However, for ADUs approved under Government Code section 66323 and for JADUs, the City must limit itself to the development standards contained or incorporated into section 6632314 and to the California Building Standards Code.15 Therefore, several of the standards listed in subsection F.9 are inapplicable to 66323 units.
19.Section 4.10.015.F.9.e.i states: “New ADUs and JADUs (excluding conversion of existing space) that include two or more exterior materials shall ensure that exterior material transitions along an inside corner of the structure, avoiding exposed edges when viewed from the side” (emphasis added). Please clarify whether the intent here is to refer to an outside corner.
20.Section 4.10.015.G.1 states: “Except as provided in Government Code Section 66341, ADUs may not be sold or otherwise conveyed separate from the primary residence.” However, the City has the option to allow primary dwelling and ADUs 12 HCD “Accessory Dwelling Unit Handbook, January 2025,” page 21. 13 Gov. Code, §§ 66321, subd. (b)(3) & 66323.
14 These include, but are not limited to, the referenced standards in sections 66333- 66339 for JADUs.
15 “Notwithstanding Sections 66314 to 66322, inclusive, a local agency shall ministerially approve an application for a building permit within a residential or mixed-use zone to create any of the following: […]”
to be separately conveyed as condominiums under Government Code section 66342 and should consider amending the Ordinance to do so.
21.Section 4.10.015.G.2 states: “JADUs shall not be rented for a period of less than thirty days. Short Term Rentals are prohibited within any ADU or JADU.” However, there is no basis in State JADU Law to prohibit short-term rentals of a JADU, although this may be justifiable under the Coastal Act.16
22.Section 4.10.015.G.3.a states: “Owner-occupancy is required for properties on which a JADU is proposed. The owner may reside in the JADU or primary dwelling on the property.” However, there are exceptions to the JADU owner occupancy requirement when the owner is a governmental agency, land trust or housing organization.17
23.Section 4.10.015.G.4 states: “Separate utility connections and meters are not required if the ADU/JADU complies with Government Code Section 66324 (d) and (e).” However, Government Code section 66324, subdivisions (d) and (e) describe different types of ADUs, some of which may be required to have separate utility connections and others of which may not be required to have separate connections. Subdivision (d) describes the type of ADU (and JADU) which may not be required to have a separate connection.
24.Section 4.10.015.G.7 states: “the owner of the property will occupy either the primary residence or the JADU.” However, there are exceptions to this requirement when the property owner is a governmental agency, land trust or housing organization.18
25.Section 4.10.015.G.8 requires a covenant agreement prior to issuance of a building permit for an ADU. However, State ADU Law does not authorize this type of requirement unless the ADU is being sold separately to a qualified buyer at an affordable housing cost.
19 26.Section 4.10.015.H.1 states: “The standards under this Section are not intended to physically preclude the construction of one ADU (attached or detached) of up to 800 square feet, in accordance with Government Code Section 66321 (b)(3).” However, the phrase “are not intended to physically preclude” creates an ambiguity that would be resolved with the phrase “shall not physically preclude.”
27.Section 4.10.015.H.3 states, in reference to the waiver of development standards described in Finding 26: “For the purpose of these requirements, existing structures are not considered a physical constraint.” However, an existing, permitted structure could be a physical constraint to ADU development. For example, a primary dwelling is required to enable an ADU but can also constrain an ADU’s location on a property.
16 Gov. Code, §§ 66333-66339
17 Gov. Code, § 66333, subd. (b).
18 Gov. Code, § 66333, subd. (b).
19 Gov. Code, §§ 66315 & 66341, subd. (b). However, JADUs are required to have a deed restriction, per Gov. Code, § 66333, subd. (c).
28.Article IX, Chapter 9 (page 77) defines an ADU. However, the Ordinance’s definition is missing the parts of the definition in State ADU Law which clarify that an ADU may be an efficiency unit or a manufactured home.20
29.Article IX, Chapter 9 (page 77) excludes ADUs and JADUs from the definition of the term “accessory structure.” However, Government Code section 66319 states: “An accessory dwelling unit that conforms to Section 66314 shall be deemed to be an accessory use or an accessory building and shall not be considered to exceed the allowable density for the lot upon which it is located, and shall be deemed to be a residential use that is consistent with the existing general plan and zoning designations for the lot.” While it is logical to exempt ADUs and JADUs from the development standards for accessory structures in Ordinance section 4.10.030, for other purposes, ADUs and JADUs are accessory uses or accessory structures.
30.Article IX, Chapter 9 (page 89) includes the following in the definition of a “singleunit dwelling/development”: “A single-unit dwelling may also include, as an accessory use, a legally established Accessory Dwelling Unit.” However, it may also include a JADU.
Next Steps
Please contact us using the information below if you have any questions or comments about this review.
Contact Information
David J. Barboza, AICP (he/him)
Senior Housing Policy Specialist
Housing & Community Development
651 Bannon Street, Suite 400 | Sacramento, CA 95811
Phone: 916.907.3002
Email: [email protected]
20 Gov. Code, § 66313, subd. (a).
HCD Comment Response Letter
The following comments detail the City’s response to HCD's feedback on the City's compliance with State ADU laws for the City’s ADU Ordinance. These responses have been reviewed with HCD and reflect our ongoing commitment to ensuring compliance with State requirements for ADU development within the City.
1) Section 2.40.030, Table 2.6 (Industrial Zones Allowable Land Uses and Permit Requirements) has been amended to allow ADU’s as a permitted use, accessory to residential uses within the CI, CIC and I zones (e.g., live-work units, Transitional and Supportive Housing).
2) Section 3.10.062.G, Table 3.2 (Edge Conditions Minimum Setbacks) has been amended to include a reference to Section 4.10.015 (Accessory Dwelling Units) regarding compliance with setback requirements for ADUs which allow for a minimum side and rear setbacks of four feet.
3) Section 4.10.015.C (Prohibited Locations) states: “Urban Lot Split. ADUs and JADUs shall be prohibited on properties associated with an Urban Lot Split (see Section 8.160) which also include Urban Dwelling Units (see Section 4.25.060), as described by Government Code Section 65852.21 (f).” This language does not preclude the ability for the development of a primary residence and an ADU or JADU to reach the two-unit cap for a property associated with an Urban Lot Split. The term Urban Dwelling Unit refers to a Two-Unit Development under SB 9, if a project includes an Urban Dwelling Unit and a primary dwelling unit on a lot from a resulting Urban Lot Split, then it has reached the 2- unit cap. This term is used for consistency between jurisdictions throughout the County of SLO. No changes are necessary.
4) Section 4.10.015.D.1 (Maximum Number) has been revised to read “No more than one JADU, one Interior or Attached ADU, and one Detached ADU shall be allowed per legal lot.”
5) Section 4.10.015.D.3.a.i (Interior ADU on a Lot with a Single-Unit Dwelling), an Interior ADU included in a proposed single-family dwelling would fall under the definition of an Attached ADU, as it is not physically possible to convert space that has not yet been constructed. No changes are necessary.
6) Section 4.10.015.D.4 (Attached ADU on a Lot with a Single-Unit Dwelling) has been revised to provide the correct reference; “subsection D.3.a”. 7) Section 4.10.015.D.4.c.i (Attached ADU on a Lot with a Single-Unit Dwelling) requires an attached ADU on a lot with a single-unit dwelling to have a front setback of at least 15 Attachment 5
feet. Section 4.10.015.H (Alternative Compliance) provides for the exception to front yard setback requirements in compliance with Government Code Section 66321(a)(3). No changes are necessary.
8) Section 4.10.015.D.4.d (Attached ADU on a Lot with a Single-Unit Dwelling) has been revised to provide the correct reference: “shall comply with Section 4.10.015.F.2 (Size)”. 9) Section 4.10.015.D.5.a (Detached ADU on a Lot with a Single-Unit Dwelling) has been revised to provide the correct reference: “subsection D.3.a and D.4.a”. 10) The City does not contain a Major Transit Stop or a High-Quality Transit Corridor as defined by Public Resources Code. The existing Grover Beach Train Station is classified as an intercity rail station, which does not provide commuter rail service comparable to a "bus rapid transit station." However, to align with HCD’s interpretation and ensure compliance with Government Code Section 66321(4) Section 4.10.015.D.4.b (Detached ADU on a Lot with a Single-Unit Dwelling) has been amended to read as follows: “A detached ADU shall not exceed 16 feet in height, unless otherwise specified under Government Code Section 66321.”
11) Section 4.10.015.D.5.c.i (Detached ADU on a Lot with a Single-Unit Dwelling) requires a detached ADU on a lot with a single-unit dwelling to have a front setback of at least 15 feet. Section 4.10.015.H (Alternative Compliance) provides for the exception to front yard setback requirements in compliance with Government Code Section 66321(a)(3). No changes are necessary.
12) Section 4.10.015.E.1.b (Maximum Number) has been revised following the adoption of SB 1211, which took effect on January 1, 2025. Section 4.10.015.E.1.b has been revised to read as follows: “Maximum Number. (a) Up to 25 percent of the number of existing units in a multi-unit development (rounded to the nearest whole number, plus one) shall be allowed as interior ADUs created within the space of the existing multi-family structure; and (b) No more than eight detached ADUs per lot with an existing multi-unit development. However, the number of ADUs shall not exceed the number of existing units on the lot; or (c) No more than two detached ADUs per lot with a proposed multi-unit development.”
13) Section 4.10.015.E.2.b (Interior ADU on a Lot with Multi-Unit Dwellings) has been revised to read as follows: “An interior ADU shall comply with California Building Standards Code for dwellings.”
14) Section 4.10.015.E.3.a (Detached ADU on a Lot with Multi-Unit Dwellings) has been revised to provide the correct reference and read as follows: “A detached ADU consists of new construction that is detached from any proposed or existing primary structures and is not considered an interior ADU as defined in subsection E.2.a.” 15) The City does not contain a Major Transit Stop or a High-Quality Transit Corridor as defined by Public Resources Code. The existing Grover Beach Train Station is classified as an intercity rail station, which does not provide commuter rail service comparable to a "bus rapid transit station." However, to align with HCD’s interpretation and ensure compliance with Government Code Section 66321(4) Section 4.10.015.E.3.b (Detached ADU on a Lot with Multi-Unit Dwellings) has been amended to read as follows: “A detached ADU shall not exceed 18 feet in height, unless otherwise specified under Government Code Section 66321.”
16) Section 4.10.015.E.3.c.i (Detached ADU on a Lot with Multi-Unit Dwellings) requires multifamily detached ADUs to be set back at least ten feet from the front property line.
Section 4.10.015.H (Alternative Compliance) provides for the exception to front yard setback requirements in compliance with Government Code Section 66321(a)(3). No changes are necessary.
17) Section 4.10.015.F (Development Standards) has been amended to exclude any standards which do not apply to ADUs under Section 66323, the language has been revised to read as follows: “The standards in this Subsection shall apply to all ADUs and JADUs, unless otherwise exempt under Government Code Section 66323”. Section
4.10.015.F.2.b has also been revised to provide the correct reference regarding flexibility from Objective Standards: “as described in subsection H of this section.” 18) Section 4.10.015.F. (Development Standards) has been amended to exclude any standards which do not apply to ADUs under Section 66323, as further described in comment response 17 above.
19) Section 4.10.015.F.9.e.i (Objective Design Standards) subsection (e)(i) (Materials) correctly references the inside corner regarding the appropriate transition point between materials. The intent is to address the appropriate transition between exterior materials on a structure, where the material exposed along an outside corner appears as an exposed veneer. No changes are necessary. See image below for clarification:
20) Section 4.10.015.G.1 (Separate Conveyance) the City is not interested in allowing separate conveyance of ADUs at this time. No changes are necessary. 21) Government Code Section 66323(e) states: “A local agency shall require that a rental of the accessory dwelling unit created pursuant to this section be for a term longer than 30 days.” This section of the Government Code is inclusive of JADUs. Furthermore, Government Code Section 66333 – 66339 does not preclude a local agency’s ability to prohibit short-term rentals within a JADU. Section 4.10.015.G.2 (Short-Term Rental Prohibited) accurately prohibits Short-Term Rentals for all ADUs and JADUs. 22) Section 4.10.015.G.3.a (Owner Occupancy) has been revised to read as follows: “Owneroccupancy is required for properties on which a JADU is proposed, unless otherwise exempt under Government Code Section 66333. The owner may reside in the JADU or primary dwelling on the property.”
23) Section 4.10.015.G.4 (Utility Connections) the City will not require separate utility connections or meters for any type of ADUs or JADUs including ADUs under Government Code Section 66323, consistent with Government Code Section 66324. No changes are necessary.
24) Section 4.10.015.G.7 (JADU Covenant Agreement) has been revised to read as follows:
“the owner of the property will occupy either the primary residence or the JADU, unless otherwise exempt under Government Code Section 66333.”
25) Section 4.10.015.G.8 (ADU Covenant Agreement) has been removed from the ADU Ordinance.
26) Section 4.10.015.H.1 (General) has been revised to read as follows: “The standards under this Section shall not physically preclude...”
27) Section 4.10.015.H.3 (Application) exclusion of an existing structure does not physically preclude the ability to construct an ADU of up to 800 square feet, as the ADU may be provided as a conversion of existing space or as an addition to the existing structure, or a combination of both. This language is consistent with the provisions under Government Code Section 66321 in providing for flexibility from standards to permit at least one attached or detached ADU up to 800 square feet. No changes are necessary. 28) Under Section 9.10.030 (Land Use Definitions) the definition of an Accessory Dwelling Unit to read as follows: “…An attached or detached dwelling unit which provides complete independent living facilities for one or more persons and provides permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the primary unit (may be provided within a manufactured home or an efficient unit)…” 29) Under Section 9.10.030 (Land Use Definitions) the definition of an Accessory Structure to read as follows: “…Does not include “Accessory Dwelling Units”, “Junior Accessory Dwelling Units, or “Tiny Home on Wheels”, which are separately defined.” 30) Under Section 9.10.030 (Land Use Definitions) the definition of an Single Unit Dwelling/Development to read as follows: “…A single-unit dwelling may also include, as an accessory use, a legally established “Accessory Dwelling Unit” or “Junior Accessory Dwelling Unit”…”