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HomeMy WebLinkAboutO 552 ORDINANCE NO. 552 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING THE ZONING MAP AND PORTIONS OF TITLE 16 OF THE ARROYO GRANDE MUNICIPAL CODE (DEVELOPMENT CODE AMENDMENT 03-006), REZONING A PORTION OF THE HIGHWAY COMMERCIAL, GENERAL COMMERCIAL AND VILLAGE MIXED USE DISTRICTS TO TRAFFIC WAY MIXED USE AND AMENDING THE DESIGN GUIDELINES AND STANDARDS FOR DESIGN OVERLAY DISTRICT 2.11 WHEREAS, the City Council adopted the 2001 General Plan on October 9, 2001; and WHEREAS, Government Coqe Section 65860 requires a comprehensive review and necessary revisions to the Development Code and zoning map for consistency with the General Plan; and WHEREAS, the City has a responsibility to assure adherence to the General Plan in meeting the needs and desires of the residents and the community; and WHEREAS, the City held a public workshop on August 14, 2003 to facilitate public comment and the City Planning Commission held duly noticed public hearings on September 16, 2003, October 7, 2003 and December 2, 2003, and recommended certain amendments to the Development Code concerning the Mixed Use land use designation for the purposes of General Plan consistency and implementation of its goals and policies; and WHEREAS, the City Council has considered Development Code Amendment 03-006 at duly noticed public hearings on October 14, 2003 and December 9,2003 in accordance with the Development Code of the City of Arroyo Grande at which time all interested persons were given the opportunity to be heard; and WHEREAS, the City Council has reviewed and considered the information and public testimony presented at the public hearings, Planning Commission recommendations, staff reports, and all other information and documents that are part of the public record; and WHEREAS, the City Council finds, after due study, deliberation and public hearing, the following circumstances exist: A. The proposed zone change and revisions to Title 16 will satisfy Objective LU5-5 of the Land Use Element of the General Plan, which requires the City to "define different Mixed Use overlay or combining designations concurrent with Development Code revision for General Plan consistency to clarify allowed, conditionally permitted and prohibited uses in each MU subarea", and; LU5-8 which states that the Mixed Use corridors are to "provide for different combinations, configurations and mixtures of commercial, office and residential uses designating the East Grand Avenue, EI Camino Real and Traffic Way corridors as Mixed Use (MU)" and is therefore desirable to implement the provisions of the General Plan. ~- ORDINANCE NO. 552 PAGE 2 B. The proposed zone change and revisions to Title 16 reflect that both the existing zones and proposed zones are predominantly commercial, contain historical residential use, promote continued mixed use and will not adversely affect the public health, safety, and welfare or result in an illogical land use pattern. C. The proposed zone change and revisions to Title 16 satisfy Section 16.36.010 of the Municipal Code, which states "It is the purpose of this chapter to provide regulations that implement those goals, objectives and policies, and that are aimed toward the provision of adequate and appropriate commercial areas within the City". D. The proposed zone change and revisions to Title 16 are within the scope of the Program EIR prepared for the 2001 General Plan Update, and the potential environmental impacts of the proposed amendment are less than insignificant. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Arroyo Grande, as follows: SECTION 1: The above recitals and findings are true and correct. SECTION 2: Arroyo Grande Municipal Code Section 16.24.020 (Zoning Map) is hereby amended as shown in Exhibit "A" attached hereto and incorporated herein by reference. SECTION 3: Arroyo Grande Municipal Code Sections set forth hereinbelow are hereby amended as shown in Exhibit "B" attached hereto and incorporated herein by this reference: a. Amend Section 16.08.010.A.; b. Amend Section 16.24.010.C.; c. Add Subsection F. to Section 16.36.020; d. Add Table 16.36.020 D.; e. Existing 16.36.020 subsection F. shall be renumbered as subsection G. f. Existing 16.36.020 subsection G. shall be renumbered as subsection H. g. Existing 16.36.020 subsection H. is amended and shall be renumbered as subsection I. h. Amend Table 16.36.030-A1 in its entirety. i. Amend Section 16.52.060 in its entirety. SECTION 4: If any section, subsection, subdivision, paragraph, sentence, or clause of this Ordinance or any part thereof is for any reason held to be unlawful, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, or clause thereof, irrespective of the fact that anyone or more section, subsection, subdivision, paragraph, sentence, or clause be declared unconstitutional. ~- ORDINANCE NO. 552 PAGE 3 SECTION 5: A summary of this Ordinance shall be published in a newspaper published and circulated in the City of Arroyo Grande at least five (5) days prior to the City Council meeting at which the proposed Ordinance is to be adopted. A certified copy of the full text of the proposed Ordinance shall be posted in the office of the Director of Administrative Services/Deputy City Clerk. Within fifteen (15) days after adoption of the Ordinance, the summary with the names of those City Council Members voting for and against the Ordinance shall be published again, and the Director of Administrative Services/Deputy City Clerk shall post a certified copy of the full text of such adopted Ordinance. SECTION 6: This Ordinance shall take effect thirty (30) days after its adoption. On motion of Council Member Costello, seconded by Council Member Runels, and on the following roll call vote, to wit: AYES: Council Members Costello, Runels, Dickens, Lubin and Mayor Ferrara NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 13th day of January, 2004. - ORDINANCE NO. PAGE 4 ATTEST: ;V-- E, DIRECTOR OF ADMINISTRATIVE SERVICESI DEPUTY CITY CLERK APPROVED AS TO CONTENT: ~~MANAGER APPROVED AS TO FORM: . - EXHIBIT B 16.08.010. Incorporation by Reference. The following documents are incorporated by reference into this title: A. Design Guidelines and Standards for Design Overlay District (D-2.11) pertaining to the Traffic Way and Station Way area (as amended); 16.24.010. Created. C. Commercial and Mixed Use Districts: 1. General commercial (GC) district; 2. Village core downtown (VCD) district; 3. Village mixed use (VMU) district; 4. Traffic Way mixed use (TMU) district; 5. Office professional (0) district; 6. Highway commercial (HC) district. 16.36.020 Commercial and Mixed Use Development Districts and Site Development Standards. F. Traffic Way Mixed Use (TMU) District. The primary purpose of the TMU district is to provide for vehicle sales and services, related retail and office uses and visitor serving facilities convenient to both freeway traffic and vehicles or pedestrians from the nearby Village area. Development standards and design guidelines are intended to enhance this specialized mix of uses at the southern gateway to Arroyo Grande which include automobile and small truck sales and service, equipment rental, repair and related services, offices, wholesale and retail sales including outdoor display, motels, restaurants and limited residential uses functioning as live-work units. The TMU district implements and is consistent with the Mixed Use land use category of the General Plan. See Table 16.36.030-A-1 for allowable uses and Table 16.36.020-D for site development standards. See Design Guidelines and Standards for the vicinity of Traffic Way and Station Way for additional requirements. Exhibit B, Page 1 - Table 16.36.020-D Traffic Way Mixed Use 1. Maximum Density Mixed Use Projects New residential limited to live-work units in conjunction with allowed uses. Density determined bv discretionarv action. 2. Minimum Lot Size 10,000 SQuare feet (aross). 3. Minimum Lot Width 80 feet 4. Front Yard Setback o - 15 feet. Exceptions may include areas for outdoor sales determined through discretionary action. 5. Rear Yard Setback o - 15 feet. Wherever a lot in any commercial or mixed use district abuts a residential use or a lot in any residential use district, a minimum building setback of twenty (20) feet measured from the property line shall be required for proposed commercial use.). 6. Side Yard Setback o feet. Wherever a lot in any commercial or mixed use district abuts a residential use or a lot in any residential use district, a minimum building setback of twenty (20) feet measured from the property line shall be reauired for DroDosed commercial use. 7. Street Side Yard Setback o - 15 feet. Exceptions may include areas for outdoor sales determined throuah discretionarv action. 8. Building Size Limits Maximum height is 30 feet or three stories, whichever is less; a maximum of 36 feet is allowable through the CUP process for visitor serving uses. Maximum Building Size is 50,000 square feet; a greater size may be allowed through the CUP process. 9. Site Coverage and Floor Area Ratio Maximum coverage of site that may be covered by structures and pavement is 75%. Maximum Floor Area Ratio is .75. 10. Site Design and Signs See Design Guidelines and Standards 0-2.11. Additional sign standards also in Section 16.60. 11. Off-Street Parking and Loading See Design Guidelines and Standards 0-2.11 Exhibit 'A' for shared parking !<?cations. See Also Section 16.56.020. ExceDtions allowed bv Section 16.16.120. G. Historic Character Overlay (HCO) District. The primary purpose of the historic character overlay (HCO) district is to identify, promote, preserve and protect the historic, cultural, and/or architectural resource values and encourage compatible uses and architectural design. .The architectural review committee is responsible for advising the community development director on historic, cultural, and/or architectural component of projects. The historic character overlay district implements and is consistent with the village core land use category of the general plan. H. General Requirements. 1. The creation of new lots within mixed use or commercial districts following the date of adoption of this title shall conform to the minimum dimensions, except in the case of condominium lots or individual lots within a shopping center, in which case minimums shall be established by Conditional Use Permit and/or subdivision map approval provided: a. A conceptual development plan for the entire center has been approved pursuant to the provisions of this title; b. Appropriate easements for reciprocal access, parking and maintenance are recorded, and maintained. Exhibit B, Page 2 --- --- --- ---~ ------_._- --------- ---~- --- - - ... I. Special Requirements Mixed Use and Commercial districts. 1. Wherever a lot in any commercial or mixed use district abuts a residential use or a lot in any residential use district, a minimum building setback of twenty (20) feet measured from the property line shall be required for proposed commercial use. A minimum of five (5) feet of this setback area shall be landscaped; the remaining area may be used for required off-street parking. 2. Commercial projects within Mixed-Use districts shall be subject to applicable provisions for Mixed Use Projects contained in Section 16.48.065 in order to achieve compatibility within the district. 3. Unless specified differently in section 16.36.020, in any mixed use or commercial district, a two-story addition closer than fifty (50) feet .to an existing single-family residence shall require a minor use permit prior 'to issuance of a building permit. 4. Where off-street parking areas are situated such that they are visible from the street, an earthen berm, wall, or combination wall/berm three feet in height shall be erected within the required landscape area to screen the parking areas. 5. In all mixed. use or commercial districts, required front and street side building setback areas shall be landscaped. The landscaping shall consist predominantly of plant materials except for necessary walks and drives. A minimum landscaped area five (5) feet in depth shall be provided between the property line and the off-street parking area, with additional landscaped area between the parking area and the building, unless otherwise approved by Minor Use Permit. 6. A street side building setback area shall be used only for landscaping, pedestrian walkways, or driveways. Required rear and interior side building setback areas shall be used only for landscaping, pedestrian walkways, or driveways, unless otherwise approved by Minor Use Permit. Exhibit B, Page 3 .- Table 16.36.030-A1 Uses Permitted Within Commercial and Mixed Use Districts (Development Code Update 2003) Uses Permitted Within Mixed Use and Commercial Districts VCD = Village Core Downtown VMU = Village Mixed Use TMU = Traffic Way Mixed Use HCO = Historic Character Overlay District (Design Overlay District 2.4) P = Permitted Use MUP = Minor Use Permit CUP = Conditional Use Permit NP = Not Permitted PED = Not permitted in pedestrian oriented storefront locations Table 16.36.030-A1 Allowed Land Uses and Permit Required By District Specific Use Permit Requirements All new commercial bulldinos reauire a Conditional Use Permit Standards LAND USE TMU MU-2 MU-4 MU-6 VCD VMU MU-S MU-3 OP RC D. D-2.11 2.11 HCO D-2.4 A. Services - Business, Financial, Professional ATM P MUP MUP Bank MUP MUP MUP Financial Services Medical Services - MUP MUPI MUP doctor's office PED Medical Services - clinic, MUP CUPI MUP lab, urgent care PED Medical - hospital NP NP NP Office - accessory P MUP MUP Office - govemment CUP MUP MUP Office - processing CUP CUP MUP Office - professional MUP MUP MUP Veterinary clinic, animal CUP NP CUP hospital B. Services - General Adult day care - NP MUPI MUP 16.52.120 14 or fewer clients PED Adult day care - NP NP NP 16.52.120 15 or more clients Automotive and vehicle MUP NP NP 16.52.210 services - Major repair or body work Automotive and vehicle MUP NP NP 16.52.210 services - minor maintenance or repair includina tire services Catering services MUP MUPI MUP PED Child day care center - NP MUPI MUP 14 or fewer PED Child day care center - NP MUPI MUP 16.52.120 15 or more PED Drive-through services CUP NP CUP Equipment rental CUP NP CUP Kennel, animal boarding CUP NP CUP 16.52.100 Exhibit B, Page 4 Allowed Land Uses and Permit Required By District Specific Use Permit Requirements All new commercial buildinos reauire a Conditional Use Permit. Standards LAND USE TMU MU-2 MU-4 MU-6 VCD VMU MU-5 MU-3 OP RC D- D-2.11 2.11 HCO D-2.4 Lodging-Bed & breakfast MUP MUP MUP 16.52.080 inn Lodging-Hotel or motel CUP CUP CUP Lodging-Recreational NP NP NP Vehicle- (RV) Park Maintenance services- MUP NP MUP client site services Mortuary, funeral home NP NP NP Personal services MUP MUP MUP Personal services- CUP NP NP 16.52.030 Restricted Public safety facility P MUPI P PED Repair service- MUP NP CUP Equipment, large appliances, etc. Social services CUP NP CUP oraanization Tele-communication MUP NP CUP facilities (commercial) C. Industry, Manufacturing & Processing, Wholesaling, Storage Agricultural product CUP NP CUP processina Construction contractors NP NP NP Furniture and fixtures NP NP NP manufacturing, cabinet shop Industrial research and NP NP NP development Laboratory - Medical, CUP NP NP analytical, research and development Manufacturing! NP NP NP processina Heaw Manufacturing or CUP NP NP Processing - Light Printing and publishing MUP NP NP Recycling - scrap and NP NP NP dismanUina yard Recycling - Small MUP MUP MUP collection facility IPED Storage - Outdoor MUP NP NP Storage (mini - storage) NP NP NP Wholesaling and CUP NP NP distribution Winery CUP NP NP D. Retail Trade Accessory retail uses P P P SUbject to Business License clearance Alcoholic beverage sales CUP CUP CUP Artisan shop MUP MUP MUP Exhibit B, Page 5 Allowed Land Uses and Permit Required By District Specific Use Permit Requirements All new comm~rcial huildlnns rAnuire a Conditional Use Permit Standards LAND USE TMU MU-2 MU-4 MU-6 VCD VMU MU-5 MU.3 OP RC D- D-2.11 2.11 HCO D-2.4 Auto, vehicle and heavy MUP NP NP 16.52.060 equipment sales & rental 16.52.070 Auto, vehicle parts sales MUP NP NP w/ installation services Building and landscape MUP CUP CUP materials sales-indoor Convenience store MUP MUP MUP Drive-through retail CUP NP NP Extended hour retail MUP MUP MUP Farm supply and feed CUP NP CUP store Farmers market MUP MUP MUP Fuel dealer CUP NP NP (propane for home and farm use) Gas station CUP NP NP 16.52.170 General retail-5,OOO sf or MUP P P Subject to less Business License clearance General retail- CUP MUP CUP 5,001 to 19,999 sf General retail- MUP NP NP Note: Maximum 20, 000 sf to 102,500 sf Building Size peridistrict and Section 16.52.220 Groceries, specialty MUP CUP CUP foods-20, 000 sf or less Groceries, specialty foods CUP NP NP Note: Maximum 20,000 sfto 102,500 sf Building Size per/district and Section 16.52.220 Outdoor retail sales and MUP MUP MUP activities Mobile home, boat, or RV CUP NP NP sales Produce stand MUP MUP MUP Restaurant, cafe. Coffee MUP MUP MUP 16.52.180 ShOD Restaurant, drive-through CUP NP NP 16.52.090 fast food Second hand store NP MUP MUP Shopping center NP NP CUP Warehouse retail CUP NP NP 16.52.160 E. Recreation, Education & Public Assembly Uses Bar/tavem/night club CUP CUP CUP Club, lodge, private MUP MUP CUP meetina hall Commercial recreation or MUP CUP CUP Soorts facility - Indoor Exhibit B, Page 6 _ ..._....__..._.. ._........u . -, .&oJ , ] ""u , ....11:":. Allowed Land Uses and Permit Required By District Specific Use Permit Requirements All new commercial buildlnas reaulre a Conditional Use Permit. Standards LAND USE TMU MU.2 MU-4 MU-6 VCD VMU MU.5 MU-3 OP RC D- D-2.11 2.11 HCO D-2.4 Commercial recreation or CUP NP CUP soorts facilitv - Outdoor Community center CUP CUP CUP Conference/ CUP CUP NP convention facility Equestrian facility CUP NP NP Fitnesslhealth facility CUP CUP CUP Library, museum CUP MUP MUP Park, playground CUP CUP CUP Religious facility CUP CUP/ CUP PED School - Elementary, NP NP CUP middle, secondary School - Specialized MUP CUP/ CUP educationttraining PED Studio - art, dance MUP MUP MUP martial arts, music, etc. Theater, auditorium NP CUP CUP F. Residential Uses Assisted Living NP CUP CUP Home occupation MUP P P 16.16.090 Live/work unit CUP CUP CUP Prohibited in conjunction with restricted personal services and vehicle maintenance/ repair. Use established in new or commercial buildings must comply with appropriate occupancy separation reauirements of the UBC. Multi-family housing not NP NP CUP located within a mixed use Droiect Multi-family housing in a NP MUP MUP mixed use project /PED Residential care facility NP MUP MUP /PED Residential care facility, 7 NP CUP/ CUP or more clients PED Single family residential NP NP MUP within a mixed use project G. Other uses similar to, and compatible with other uses identified above, as determined by the Planning Commission, subject to a Conditional Use Permit or Interpretation 16.52.060. Automobile dealerships. A. Purpose and Intent. This section is to ensure that automobile dealerships (both new and used) do not create an adverse impact on adjacent properties and surrounding neighborhoods by reason of insufficient on-site customer and employee parking, traffic generation, including road testing of vehicles, obstruction of traffic, visual blight, bright lights, noise, fumes, or drainage run-offs. The following special conditions shall apply to automobile dealerships. Exhibit B, Page 7 '-'- 1. Applicability. All new automobile dealerships (for both new and used vehicles) shall comply with the development standards for the district in which they are located, and with the provisions of this section. 2. Parking. Areas designated for employee and customer parking shall not be used for vehicle storage or display. 3. Vehicle Display Areas. landscape and/or decorative curb strips shall be provided along the street frontage perimeter of all vehicle display areas. Width of strip and final design treatment shall be subject to review and approval by the architectural review committee. 4. Screening. The site, including parking areas not used for vehicle display, shall be subject to applicable screening requirements in Section 16.48.130. landscaping, to effect a 90% screen for a height of twelve (12) feet shall be required for interior side and rear yards abutting a residential district or use, subject to ARC approval. 5. Lighting. All lighting shall comply with the provisions of Section 16.48.090 with special consideration for nearby residential uses. 6. loading and Unloading of Vehicles. loading and unloading of vehicles is permitted only within the following constraints. The dealership operator is deemed to be responsible and liable for any activities of a common carrier, operator, or other person controlling such loading or unloading activities; to the extent any such activities violate the provisions of this subsection. a. Loading and unloading of vehicles is limited to the hours of eight a.m. to six p.m. Monday through Saturday, excluding legal holidays. b. Off-loading shall be on-site, or off-site subject to the approval of the city engineer. Loading and unloading shall not block the ingress or egress of any adjacent property. 7. Storage of Vehicles to be Repaired. No vehicles to be repaired shall be parked or stored on any public street or alley. 8. Repair of Vehicles. The repair and service facility portion of any automobile dealership shall comply with the provisions of Section 16.52.210. 9. Queuing of Vehicles. An adequate on-site queuing area for service customers shall be provided. The queuing area or lanes shall be large enough to hold at least one and a half vehicles for each service bay in the facility. On-site driveways may be used for queuing, but may not interfere with access to required parking spaces. Regular parking spaces may not double as queuing spaces. 10. Noise Control. a. There shall be no outdoor loudspeakers. Interior loudspeakers shall produce no more than forty-five (45) dBA at a boundary abutting a residential parcel, under normal operating conditions (e.g., with windows open if they are likely to be opened). b. All noise generating equipment exposed to the exterior shall be muffled with sound absorbing materials to minimize noise impacts on adjacent properties, and shall not be operated before eight a.m. or after six p.m. if reasonably likely to cause annoyance to abutting residences. c. Rooftop storage areas shall be screened with landscaping or noise absorbing materials to minimize noise impacts on adjacent properties. 11. Toxic Waste and Storage and Disposal. Gasoline storage tanks shall meet all applicable state and local health regulations, and shall be constructed and maintained under the same conditions and standards that apply to service stations. Exhibit B, Page 8 - OFFICIAL CERTIFICATION I, KELLY WETMORE, Director of Administrative Services/Deputy City Clerk of the City of Arroyo Grande, County of San luis Obispo, State of California, do hereby certify under penalty of perjury, that the attached is a true, full, and correct copy of Ordinance No. 552 which was introduced at a regular meeting of the City Council on December 9, 2003; was passed and adopted at a regular meeting of the City Council of the City of Arroyo Grande on the 13th day of January, 2004; and was duly published in accordance with State law (G.C. 40806). WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 15th day of January, 2004. , [cft~uo'rtY--- RE, DIRECTOR OF ADMINISTRATIVE SERVICESI DEPUTY CITY CLERK .