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PC R 93-1439RESOLUTION NO. 93-1439 A RESOLUTION OF THE CITY OF ARROYO GRANDE PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL INSTRUCT THE CITY CLERK TO FILE A NOTICE OF CATEGORICAL EXEMPTION AND AMEND THE DEVELOPMENT CODE (REZONE CASE NO. 93-001) WHEREAS, the City Council adopted the Development Code, which became effective June 13, 1991, and WHEREAS, on October 19, 1993 and November 2, 1993 the Planning Commission held duly noticed public hearings to consider Rezone Case No. 93-001, at which time all interested persons were given the opportunity to be heard; and WHEREAS, the Planning Commission has reviewed and considered the information and public testimony presented at the public hearings and in the proposed document and staff report; and WHEREAS, the City of Arroyo Grande has found that the proposal can be categorically exempt per Section 15061 of the CEQA Guidelines. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby recommends to the City Council adoption of the amendments outlined in Attachment "A" based on the following findings: ►� 3. 4. The proposed development code amendment is consistent with the goals, objectives, policies, and programs of the General Plan, and is necessary and desirable to implement the provisions of the General Plan. The proposed development code amendment will not adversely affect the public health, safety, and welfare or result in an illogical land use pattern, as no substantive changes are being made. The proposed development code amendment is consistent with the proposed and intent of Title 9. There will be no potential for environmental impacts of the proposed development code amendment, and a categorical exemption can be filed per Section 15061 of the CEQA Guidelines. On motion of Commissioner Reilly, seconded by Commissioner Deviny, and by the following roll call vote, to wit: AYFS: NOES: ABSENT: ABSTAIN: Commissioners Reilly, Deviny, Keen, and Vice Chairman Tappan None Commissioner Hatchett and Chairman Carr Commissioner Soto the foregoing Resolution was adopted this 2nd day of November, 1993. ATTFST: � at� , .Q� ��.�-t.. Nancy Bro n Commission Clerk ✓U illiam ap , Vice Chairman ARROYO GRANbE DEVELOPMENT CODE B. Authority ATTACHMENT "A" Chapter 9-03 The Planning Commission is authorized to approve Conditionai Use Permits, subject to the appeai provisions of Section 9-02.150. Conditional Use Permit applications involving new construction or any changes to the exterior of an existing building shall be subject to the Architectural Review procedures outlined in Section 9-03.190. If the Planning Director determines that all the following circumstances exist regarding a development proposal, a Conditional Use Permit may not be required and the project shall be subject to Plot Plan review (see Section 9-03.060) or Business License Clearance (see Section 9-03.180): 1. The proJect will be occupying an existing building or will require an addition to an existing structure that will not result in an increase of more than 25% of the iloor area of the structure before the addition, or 500 square feet, whichever is less; AND 2. The proposed use l�se-p�epesed is the same or similar in character to the existing use, as determined by the Planning Director based on the following "use categories". Exceptions may be allowed if the Planning Director can determine that the new use is less intensive than the existing use: a . b. c . d. e . f. g• h. i. J� k. 1. Professional Office/Retail Commercial Industrial/Research nnd Development Convenience Store/Banks/Savings and Loans Restaurant - . � Fa.st-food Restaurant Bars/Cocktail Lounges Hospitals (including convalescent I�ospitals and at�imal hospitals) Automobile sales Auto-related repair and service (including gas stations); and Public/Quasi-Public Uses Residential Uses Unclassilied Uses AND � . 3. The project is exempt from CEQA review and there is no possibility of a significant impact on the environment. The Planning Di�ector, Staff Advisory Committee, and Architectural Advisory Committee shall provide recommendations to the Planning Commission regarding Conditional Use Permits. A public hearing pursuant to Section 9-02.160 of this Title shall be requi�ed. , C. Submittal and Review Requirements 1. Applications for Conditional Use Permits shall contain the following;_ a. Effective June 13, 1991 Completed planning application form and required fee and attachments (see also Section 9-02.030). Amended December 24, 1992 43 Amended December , 1993 ARROYO GRANDE DEVELOPMENT CODE Chapter 9-07 Section 9-07.010 COMMERCIAL DISTRICTS Purpose and Intent Chapter 9-07 The General Plan outlines goals, objectives, and policies regarding the character of commercial uses and development. It is the purpose of this chapter to provide regulations which implement those goals, objectives and policies, and which are aimed toward the provision of adequate and appropriate commercial areas within the City. These commercial areas, or Districts, must be conveniently located, efficient, attractive, and have safe and easy pedestrian and vehicular circulation in order to serve the retail and service commercial needs of Arroyo Grande residents and businesses. In addition to the above, the commercial Districts are included in the zoning regulations to achieve the following purposes: ■ Provide appropriately located areas for office uses, retail stores, service establishments, and commercial commodities and services required by residents of the City and the surrounding market area; ■ Encourage the concentration of office and commercial uses for the convenience of the public and to secure a more mutually beneficial relationship to each other; ■ Provide adequate space to meet the needs of modern commercial development. This includes off-street parking and loading areas; ■ Minimize traffic congestion and to avoid the ove�loading of utilities by preventing the construction of buildings of excessive size in relation to the amount of land around them; and ■ Promote high standards of site planning, architecture and landscape design for office and commercial developments within the City of Arroyo Grande; Section 9-07.020 Commercial Development Districts A. General Commercial (GC) District The primary purpose of the General Commercial (GC) District is to provide for the general shopping needs of area residents and workers with a variety of retail and commercial services. Tvpical uses include but are not limited to qeneral retail food markets commercial services professional offices hotel/motel restaurants and home im provement centers See Table 9 07.030-A for more information. Effective June 13, 1991 ' 157 Amended December , 1993 ARROYO GRANDE DEVELOPMENT COOE B. Village Commercial (VC) District Chapter 9 The primary purpose of the Village Commercial (VC� district is to provide for downtown commercial and office-related uses which recognize and are compatible with the historical, small town nature of the original Arroyo Grande Village area. TYplcal uses include but are not limited to specialtv retail (handicraft shops art qallaries book stores curio and antique stores flower shoqs), professional offices, restaurants (no drive throuph windows) and bed and breakfast inns See Table 9-07.030-A for more information. C. Office Professional (0) District The primary purpose of the Ofiice Professional (0) District is to provide areas for the establishment of corporate, administrative, and medical offices, as well as commercial services which are required to support major business development. Retail facilities, which support business operations and which can take advantage of high traffic volume street frontages, are also encouraged/required. Typical uses include but are not limited to administrative and professional offices, business related retail and service iunctions restaurants (no drive through windows), health clubs, financial institutions, medical and health care facilities and voc ation and trade schools. See Table 9-07.030-A for more information. D. Highway Commercial (HC) District The primary purpose of the Highway Commercial (HC) District is to provide areas for a variety of visitor serving and auto related uses in areas along major travel routes. Tvpical uses incfude but are not limited to administrative and executive offices financial services and institutions, recvclinq facilities, department stores food stores and supermarkets home imqrovement stores, restaurants, vehic►e sales auto-related repair and service and hotel/motel See Table 9-07.030-A for more information. Section 9-07.030 Commercial Use Regulations Permitted uses within Commercial districts in the City of Arroyo Grande are identified in Table 9-07.030-A. Uses identified in Table 9-07.030-A as P/PP/C mav be permitted permitted with plot plan review, or subject to a conditional use permit. Permitted uses are identified with a"P", uses permitted subject to Plot Plan Review are identified by an "PP", and uses permitted subject to issuance of a Conditional Use Permit are identified by a"C". Uses not identi(ied in the table are prohibited. Note that other sections of the Development Code General Plan goals and objectives and other Federal State and local requirements may also applv to proposed commercial uses. Effecflve June �a 1991 1ss Amended December , 1993 ARROYO GRANDE DEVELOPMENT CODE ChaptEf 9-07 Table 9-07.030-A Uses Permitted Within Commercial Districts Legend . P PP C These uses mav be permitted (P) permitted with plot plan review (PP) or require a conditional use permit (C� (See Section 9-03 050 and/or Section 9-07.050 for additional information) P Permitted PP Permitted Subject to Plot Plan Review NP Not Permitted � GC General Commerical _ VC Villaqe Commerical � O Office Professional . HC Hiqhwav Commerical :::::>:::::;:< ><;:::: .. . . , > : : <:<:;> :..: ..:..:. ..: USE. . ::;<`:::::::`::`:;:>::::<:::: :<:::>::;>;:.. . ..:::... ;.:. . ,_ ;:: ; G G 1/C O - H C.. :::::::; A. Protessional Office and Related Uses 1. Administratfve and executive offices P/PP/C P/PP/C P/PP/C P/PP/C 2. Artlst and photographfc studios, not including P/PP/C P/PP/C P/PP/C NP . the sale of equipment or supplles 3. Artist and photographic studlos, Including the P/PP/C P/PP/C NP NP sale of equlpment or supplles 4. Clerical and professional offices P/PP/C P/PP/C P/PP/C P/PP/C 5. Flnancial services and Institutlons P/PP/C P/PP/C P/PP/C P/PP/C 6. Medlcal, dental, and related health servlces for P/PP/C P/PP/C P/PP/C NP humans, including laboratories, clinics, and the � sale of articles clearly incidental to the services provlded 7. Political or philanthropic organization P/PP/C P/PP/C P/PP/C P/PP/C headquarters 8. Prescript(on pharmacies, when located within a P/PP/C P/PP/C P/PP/C NP building containing the offices of inedical practitioners 9. Travel agencies P/PP/C P/PP/C P/PP/C P/PP/C 10. Telegraph and telegram offices P/PP/C P/PP/C P/PP/C NP B. Industrial/Research and Development Uses � 1. Materials Dealers P/PP/C NP NP NP 2. Newspaper printing and publishing P/PP/C NP NP NP Effective June 13 �ss� 159 Amended December , 1993 . ARROYO GRANDE DEVEIOPMENT CODE Chapter 9-07 ; ;i::; ::;: : i;::;:::;::>:;;:: rr; �:.:. :::::. .. . . ; � . � � � � � . USE . GC VC ' : ,::::0. HC ;.::'. 3. Recycl(ng facilities, including reverse vending FP NP NP PP machines and small collect(on facilities"'* 4. Sign painting shops within a completely P/PP/C NP NP NP enclosed building C. Commercial Uses 1. Ambulance service P/PP/C NP P/PP/C P/PP/C 2. Ant(que shops P/PP/C P/PP/C NP P/PP/C 3. Apparel stores (sales) P/PP/C P/PP/C NP NP 4. Art galleries; music studios; and art, music, and P/PP/C P/PP/C P/PP/C NP photographfc supply stores 5. Appliance stores and repair P/PP/C NP NP NP 6. Arcades** P/PP/C NP NP NP 7. Bakeries (retail only) P/PP/C P/PP/C NP NP 8. Barber and beauty shops P/PP/C P/PP/C P/PP/C NP 9. Bicycle shops (non-motorized) P/PP/C P/PP/C NP NP 10. Blueprint, photocopy, and offset printing services P/PP/C NP P/PP/C NP 11. Book, gift, and stationary stores P/PP/C P/PP/C P/PP/C NP 12. Candy stores and confectloneries P/PP/C P/PP/C NP NP 13. Catering establishments P/PP/C P/PP/C P/PP/C NP 14. Cleaning and pressing establishments P/PP/C P/PP/C NP NP 15. Dairy products stores P/PP/C NP NP NP 16. Department stores P/PP/C P/PP/C NP P/PP/C 17. Drug stores and pharmacies not within a P/PP/C P/PP/C P/PP/C NP building containing the offices of inedical practitioners 18. Electronic equipment sales and service P/PP/C P/PP/C NP P/PP/C 19. Feed and tack stores P/PP/C P/PP/C NP NP 20. Fioral shops P/PP/C P/PP/C P/PP/C NP 21. Food stores and supermarkets P/PP/C P/PP/C NP P/PP/C 22. Furniture stores, repair and upholstery P/PP/C P/PP/C NP NP 23. General retail stores P/PP/C P/PP/C NP NP 24. Hardware stores P/PP/C P/PP/C NP NP Effective June 13, i991 160 Amended December , 1993 ARROYO GRANDE DEVELOPMENT CODE Ch8p1@f 9-07 ;::.;.:.::::..;::.:::. ..:.:: ::. . ::::: ..:::. ..:. .. . .:: .. . :;:;:.: :;: :;:.:.>::>; :: :; ::::::>:<: :.:>:::::;:: U S E ::>:::::: �: «:::;:'>:::: :;`:::;::<:::;:> �:>:::>;:::::::::::`;:.`;'i; _ . » . >;::..;.;:: ..:: .:: >.:;., : >;:;::;::: ::;:>:.;;:;: �:::::::.<:: .. .: ..: GC ..;:::::;: :: <:>:<:: VC , , <: 0..:::, ..::: .:...:.:.>H.C<..: <'.:`.;: 25. Hobby shops P/PP/C P/PP/C NP NP 26. Home improvement stores (indoor) P/PP/C P/PP/C NP P/PP/C 27. Home improvement stores (outdoor) P/PP/C NP NP P/PP/C 28. Janitorial services and supplles P/PP/C NP NP NP 29. Jewelry stores P/PP/C P/PP/C NP NP 30. Kiosks (e.g. parking lot film processing and key P/PP/C NP NP P/PP/C shops) 31. Laundry pick-up and delivery agenc(es; self- P/PP/C P/PP/C NP P/PP/C service laundries 32. Liquor stores P/PP/C P/PP/C NP NP 33. Locksmlth shops P/PP/C P/PP/C NP P/PP/C 34. Newspaper and magazine stores P/PP/C P/PP/C P/PP/C NP 35. Nurserfes and garden supply stores (provided all P/PP/C NP NP P/PP/C equipment and supplies are kept within a building or screened enclosed area) 36. Office and busiriess machines and equlpment P/PP/C P/PP/C P/PP/C NP stores 37. Pet shops P/PP/C P/PP/C NP NP 38. Plumbing shops and supplfes P/PP/C NP NP NP 39. Second hand stores P/PP/C P/PP/C NP NP 40. Shopping centers P/PP/C P/PP/C NP P/PP/C 41. Shoe repair P/PP/C P/PP/C NP NP 42. Sporting goods stores P/PP/C P/PP/C NP P/PP/C 43. Stamp and coln shops � P/PP/C P/PP/C NP NP 44. Sw(mming pool and spas sales and supplies P/PP/C NP NP NP 45. Tailor shops P/PP/C P/PP/C NP NP 46. Taxfdermists P/PP/C NP P/PP/C P/PP/C 47. Toy stores P/PP/C P/PP/C NP NP 48. Variety stores P/PP/C P/PP/C NP P/PP/C Effective June �s, iss� 1s1 Amended December , 1993 ARROYO GRANDE DEVELOPMENT CODE Chapter 9-07 ; .;;: : . . . .; . . . . : . . . : : ;: :::; r;::. : ..: :: . ;:; . .: ::.;;: i:::::;:;.;;::: �:'.:::;;::::::;:;:: �::;:>:::::.;: �. � :>:;.1,. : : .::::..::.: .:. � � � � � ;... :::>:i : .;:;: •>. . � .:;6; �;:;:!:::;:::; � � �. .... :;i:::':ii:i;Ei':ii:;'.`:<`i:i.11S�..;i:i;:ii:�;':`i:iiiiN; -. . . �. .:::;'i :i:;:.i:i.. : . . . .' :��: . ::+::•.::::.::.::x:: �...: � :. . . ... .......:;r.::`1.C:.::::::::.;.:::Si::i; ..:..:..:.::::::..:>;:: . ....: .:.. .GC.... ......VC .:...: .t�........ : ..:HC..:. :;:: D. Restaurants other than tast toods 1. a. With entertainment and/or serving alcoholic P/PP/C P/PP/C P/PP/C P/PP/C beverages b. Without entertainment and/or serving P/PP/C P/PP/C P/PP/C P/PP/C alcoholic beverages E. Fast iood restaurants** i. With Drive-Thru Wfndow P/PP/C NP NP P/PP/C 2. Without Drive-Thru Window P/PP/C P/PP/C P/PP/C P/PP/C F. Cocktaillounge P/PP/C P/PP/C P/PP/C P/PP/C G. Hospital uses 1. Hospitals including convalescent hospitals NP NP P/PP/C NP 2. Veterinary offices and animal hospitals, including P/PP/C NP P/PP/C NP exterior kennels, pens, or runs 3. Veterinary offices and animal hospitals, P/PP/C P/PP/C P/PP/C NP excluding exterior kennels, pens,o� runs H. Vehicie sales 1. Automobile and light truck sales** NP NP NP P/PP/C 2. Automobile rental agencies (excluding outdoor NP NP NP P/PP/C storage of vehicles not for onsite rental)** 3. Bicycle shops (motorized) NP NP NP P/PP/C 4. Boat and camper sales and serv(ce NP NP NP P/PP/C 5. Motorcycle shops (sales and service) NP NP NP P/PP/C I. Auto-related repair and service 1. Automobile and flght truck repair** NP NP NP P/PP/C 2. Automobile service station** a. With mini-market NP NP NP P/PP/C b. Without mini-market NP NP NP P/PP/C 3. Automot(ve washing (mechanical or self-service) P/PP/C NP NP P/PP/C 4. Tire sales and service NP NP NP P/PP/C E(fective June 13 �ss� 1s2 Amended December , 1993 ARROYO GRANDE DEVELOPMENT CODE ChaPi@I' 9-07 ;:>::.: . :;::;: ::.:::;:...:.:.;:;::.;:.;:..;.::;;:. .;:.;:;. .::.:::: .::: .:::::::: ;<.::.;;:.;;:::::::.;:.;:.>:.; ........ .....:: . :.. :. .. .:....... ... . . . (� c � ; . i: ii:;i:i'`:?ii i:t:i; ;:i; t t;;:ti;i:i:: ):i �..: lJ $ G'i:> iiii i :::::; ;::i::ii;i ..... . : �. . . , � � , . . .�..::..:::::;:�.::.;:.;:<:;::;;;;.;:::::;>;::. ;;: ;:.;�,...:. :.;. : . ....:..:.;..,::>:.:.;;.;:.;:: .... .;;. .:..:;; >;;>::>:;:GC:;:.:: : : ; .: > <VC :..0. ..:. . : .:.>,::; HC::.::. . J. Hotel/motel 1. Bed and breakfast fnns P/PP/C P/PP/C P/PP/C P/PP/C 2. Hotels and motels (subject a maximum density P/PP/C P/PP/C NP P/PP/C 40 guest rooms per acre) K. Unclassified uses 1. Athletic and health clubs P/PP/C NP P/PP/C NP 2. Commercial recreatlon facilities (indoor) P/PP/C NP P/PP/C P/PP/C 3. Commerc(al recreat(on facilitfes (outdoorj** P/PP/C NP NP P/PP/C 4. Mortuaries and cemeteries P/PP/C NP P/PP/C NP 5. Min( storage (for public use) P/PP/C NP NP P/PP/C 6. Surface Parking facilities (commerclal)** PP PP PP PP 7. Recreatlonal veh(cle park NP NP NP P/PP/C 8. Theaters, including both motion picture and live P/PP/C P/PP/C NP P/PP/C perform(ng arts 9. Transportat(on facilities P/PP/C P/PP/C P/PP/C P/PP/C L. Public/Gluasi Public Uses � 1. Churches P/PP/C P/PP/C P/PP/C NP 2. Clubs, lodges, fraternities, and sororit(es P/PP/C P/PP/C P/PP/C NP 3. Day nurseries, nursery schools, and child care P/PP/C P/PP/C P/PP/C NP facilities 4. Educational institutions (including public and P/PP/C P/PP/C P/PP/C NP private vocational schools) 5. Fire and police stations P/PP/C P/PP/C P/PP/C P/PP/C 6. Post office branches P/PP/C P/PP/C P/PP/C P/PP/C 7. Publfc libraries and museums P/PP/C P/PP/C P/PP/C P/PP/C 8. Publlc utilit(es and public service substatlons, P/PP/C P/PP/C P/PP/C P/PP/C reservoirs, pumping plants, and similar Installatfons, not including public utility offices Effecfive June �s , 1991 163 Amended December , 1993 ARROYO GRANDE DEVELOPMENT CODE ChBPtef 9-07 � �;!:.:i :::»>:.::�;>;�:<><;>:::<::.::::'::: >:: �± � . ..:::�<::':�>E;:E::::'s:v>;:::E'::EE;:::r::` . �USC.i � � � � � � � � � � � � �. � .�:. .:.....;;.:::.>::>::..>;::,;::..:.:.....::;<:;:;::;.>.>:;:: . �G'..«>:;: ;::>:::..;::vC O HC ::::>:::: M. Residential Uses 1. Congregate care, assisted living, and P/PP/C P/PP/C P/PP/C NP convalescent homes 2. Multfple family res(dendal uses located above a NP P/PP/C P/PP/C NP permitted commercial or office use 3. Historic residendal uses NP P/PP/C NP NP 4. Commercial use allowed in District/existing NP P/PP/C NP NP historic resident(al use 5. Homeless shelters within religlous or social P/PP/C P/PP/C P/PP/C P/PP/C organization buildings N. Temporary Uses P P P P (Subject to the provisions of Sectlon 9-03.100, and the issuance of a Temporary Use Permit) 0. Accessory Uses 1. Accessory uses and structures Iocated on the PP PP PP PP same site as a permitted use : 2. Accessory uses and structures located on the PP PP PP PP same site as a use requiring Plot Plan review 3. Accessory uses and structures Iocated on the P/PP/C P/PP/C P/PP/C P/PP/C same site as a use requiring a Conditional Use Permit P. Other uses s(milar to, and no more P/PP/C P/PP/C P/PP/C P/PP/C objectionable than the uses identitied above, as determined by the Planning Commission ** See related standards in Chapter 9-11. ENective June �3 1991 164 Amended December , 1993 ARROYO GRANDE DEVELOPMENT CODE Section 9-07.050 Chapter 9-07 If the Planning Director determines that all the following circumstances exist regarding a development proposal, a Conditional Use Permit may not be required and the project shall be subject to Plo# Plan review (see Section 9-03.050) or Business License Clearance (see Section 9 1 � The project will be occupying an existing building or will require an addition to an existing structure that will not result in an increase of more than 25% of the iloor area of the structure before the addition, or 500 square feet, whichever is less; AND The proposed use Use proposed is the same or similar in character to the existing use as determined by the Planning Director based on the following "use categories". Exceptions may be allowed if the Planning Director can determine that the new use is less intensive than the existing use: a. Professional Office/Retail Commercial b. Industrial/Research and Development c. Convenience Store/Banks/Savings and Loans d. Restaurant e. Fast-food Restaurant ' f. Bars/Cocktail Lounges � g. Hospitals (including convalescent hospitals and animal hospitals) h. Automobile sales i. Auto-related repair and service (including gas stations); and � - j. � Public/Quasi-Public Uses k. Residential Uses I. Unclassified Uses AND 3. � The project is exempt from CEG1A review and there is no possibility of a significant impact on the environment. � Effective June 13, 1991 167—A Amended December , 1993 �� �