O 522 C.S.
ORDINANCE NO. 522 C.S.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE AMENDING PORTIONS OF TITLE 9 OF THE
MUNICIPAL CODE TO ESTABLISH MAXIMUM BUILDING SIZE FOR
COMMERCIAL USES
WHEREAS, the City Council adopted the City of Arroyo Grande Development Code,
which became effective June 13, 1991, and indicated that modifications to the
Development Code may occur to refine the document; and
WHEREAS, the City of Arroyo Grande ("City") has a responsibility to consider
available fiscal and environmental resources of the City and the impact large retail
stores have on these resources; and
WHEREAS, the City's Economic Development Strategy establishes the need for
protection and promotion of the overall commercial service and retail business sectors
of the local economy; 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 land Use Element of the General Plan of the City adopted on May 22,
1990, establishes the need to ensure the protection of the components of "rural
atmosphere" and "small town lifestyle" which include the scale and intensity of
development; and
WHEREAS, the land Use~ Element of the General Plan of the City further lists
objectives limiting the scale of buildings to low-profile, horizontal forms that are
compatible with Arroyo Grande's rural, small town atmosphere; and
WHEREAS, the City has conducted environmental review for adoption of an ordinance
establishing limits on commercial building size, and has found that it can be seen with
certainty that there is no possibility that the proposed requirements will have an
effect on the environment and therefore this project is exempt from the provisions of
CEOA, pursuant to CECA Guidelines Section 15061 (b)(3); and
WHEREAS, the City Council has reviewed and considered the information in the
proposed document and staff report, as well as public testimony presented at the
hearing and make the following findings of fact:
A. The proposed limits on commercial building size are consistent with the goals,
objectives, policies, and programs of the General Plan, and are necessary and
desirable to implement the provisions of the General Plan.
ORDINANCE NO. 522 C.S.
PAGE 2
B. The proposed limits on commercial building size are necessary because retail
stores or businesses in excess of the proposed limits tend to cause an unfair
economic advantage over smaller retail stores and businesses and will
adversely impact smaller retail stores and businesses and the local economy
overall.
C. The proposed limits on commercial building size are necessary to reduce the
visual impacts associated with large commercial buildings and to sustain and
encourage development of small commercial buildings that are more compatible
with Arroyo Grande's rural, small town atmosphere.
D. The proposed limits on commercial building size will not adversely affect the
public health, safety, and welfare.
E. The proposed limits on commercial building size are consistent with the purpose
and intent of Title 9.
F. The potential environmental impacts of the proposed limits on commercial
building size are insignificant.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DOES
ORDAIN AS FOLLOWS:
SECTION 1: Arroyo Grande Municipal Code Section 9-07.040 is amended as follows:
Section 9-07.040 Commercial Site Development Standards
The following property development standards shall apply to all land and
buildings constructed within their respective commercial Districts.
A. General Requirements
1. On lots of record, existing as of the date of adoption of this Title, parcels
having less than the minimum required depths need not provide a front
building setback or landscape area greater than 1 5 % of the depth of the
property (excluding right-of-way area).
2. The creation of new lots within 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 no minimums are established except at the boundary of the
shopping center or commercial development. Parcels created within
shopping centers are exempt from the site development standards stated
ORDINANCE NO. 522 C.S.
PAGE 3
herein, as they relate to minimum site areas, and minimum lot width and
depth, as long as the following conditions are met:
a. A conceptual development plan for the entire center has been
developed and approved pursuant to the provisions of this Title;
b. Appropriate easements for reciprocal access, parking and
maintenance are recorded, and maintained; and
c. All applicable setbacks adjacent to the exterior boundaries of the
shopping center or commercial development are met.
3. Table 9-07.040-A sets forth minimum Site Development Standards for
Commercial development within Commercial Districts.
Table 9-07.040-A
Commercial Site Development Standards
.>J..),) /;;,.;
GC VC ; .'.;(~i;;0/( >
1. Lot area, in square feet 10,000 5,000 10,000 10,000
2. Lot width 80' 50' 80' 80'
3. Lot depth 100' 80' 100' 100'
4. Front building setback, measured 15' 0' 15' 15'
from property line
5. Interior side building setback O'a 0' O'a
O'a
6. Street side building setback 15' 0' 15' 15'
7. Rear building setback O'a 0' 0'8 0'8
8. Maximum lot coverage 45% 100% 45% 45%
9. Maximum floor area ratio 0.5 1.0 0.5 0.5
10. Maximum building height 30' or 2 30' or 2 30' or 2 30' or 2
stories stories stories stories
whichever whichever whichever whichever
is less is less is less is less
11. Maximum building size, in square 102,500b 30,000b 102,500 b 102,500b
feet
Notes to Table 9-07.040-A:
a larger setbacks may be required based on special requirements listed in Section
9-07.040 B., surrounding development, or building code regulations.
b No new structure, expansion of an existing structure to an adjacent structure or
modification of an existinc structure shall be Dermitted nor shall anv business
O~INANCE NO. 522 C.S.
PAGE 4
license or other permit be issued or renewed, that would allow the creation of a
retail store or business with a total space occupying more than 102,500 square
feet in the GC, HC, and OP districts and 30, 000 square feet in the VC district.
B. Special Requirements
1. Wherever a lot in any commercial District abuts a lot in any residential
District, a minimum building setback of 20 feet measured from the
property line shall be required. A minimum of 10 feet of this setback area
shall be landscaped; the remaining area may be used for required off-street
parking.
2. In any commercial District, a two-story addition closer than 50 feet to an
existing single family residence shall require Plot Plan Review by the
Community Development Director prior to issuance of a building permit.
3. Where off-street parking areas are situated such that they are visible from
any street, an earthen berm, wall, or combination wall/berm three feet in
height shall be erected within the required landscape area and the parking
area to adequately screen said parking areas.
4. In all Commercial Districts other than the VC District, required front and
street side building setback areas shall be landscaped. Said landscaping
shall consist predominantly of plant materials except for necessary walks
and drives. Where off-street parking is located within such building
setback areas, a minimum landscaped area 10 feet in depth, shall be
provided between the property line and the off-street parking area, with an
additional minimum landscaped area 10 feet in depth required between the
parking area and the building.
5. Except as otherwise permitted, a street side building setback area shall be
used only for landscaping, pedestrian walkways, driveways, or off-street
parking.
6. Except as otherwise permitted, required rear and interior side building
setback areas shall be used only for landscaping, pedestrian walkways,
driveways, off-street parking or loading, recreational activities or facilities,
and similar accessory activities.
SECTION 2: Arroyo Grande Municipal Code Section 9-09.010 is amended as
follows:
Section 9-09.010 Planned Development (P-D) District
A. Purpose and Intent
---'"--.-
ORDINANCE NO. 522 C.S.
PAGE 5
Planned Development (P-D) districts have been established more flexible than
those contained elsewhere in Title 9. The purpose of establishing these districts has
been to grant or require diversification in the location of structures and other site
elements which were believed to be appropriately compatible, while ensuring
adequate standards relating to the public health, safety, welfare, comfort, and
convenience.
B. Applicability
The Planned Development District shall apply to existing planned
developments of record (listed below) and pending applications complete as of the
effective date of this Title. No new Planned Development Districts shall be created
subsequent to the effective date of this Title. All ordinances approving or amending
a planned development, along with relevant zoning information, shall be included in
Appendix 1, and a copy kept in the Community Development Department and City
Clerk's offices.
P-D-1 .1 = Oak Park Acres Planned Development
P-D-1.2 = Rancho Grande Planned Development
P-D-1.3 = Royal Oaks Planned Development
P-D-1 .4 = Wildwood Ranch Planned Development
P-D-1.5 = Okui Planned Development
c. Adoption and Amendment of Plans
Adoption and amendment of Planned Development Ordinances shall occur in
the manner set forth in this Title for Amendments to Zoning Districts (Section 9-
03.040). Amendments to a general or specific development plan relating to an
approved Planned Development shall occur in the manner set forth for Conditional
Use Permits (Section 9-03.050). Specific development plans shall be required of the.
developer as part of an application to amend or change zoning to the Planned
Development (P-D) district
D. Development Plans and Amendments
1. Specific development plans shall be presented, considered, and
approved as part of the rezoning application process. If a subdivision is
required, the development plans and the tentative subdivision map shall
be submitted simultaneously.
2. The development plans shall include any or all or the following items
where applicable:
ORDINANCE NO. 522 C.S.
PAGE 6
a. A detailed statement of all uses proposed to be established and
an indication of the areas to be occupied by each use, as well .as
the resulting population and building intensities. The statement
shall also include the proposed disposition and use of all areas
indicated by the plan as common areas, open spaces, recreation
or park areas, school sites, and other such private or public
facilities;
b. The total development plan, showing the dimensions and
locations of proposed structures, buildings, streets, parking,
yards, playgrounds, school sites, recreational areas, open spaces,
and other public or private facilities;
c. Detailed engineering site plans, including the proposed finished
grades and drainage facilities;
d. landscaping plans, in detail, excepting typical single family lot
residential areas of 10,000 square feet and over. The street tree
planting requirements of the city may be waived, provided that
the development plan or covenants provide adequate alternatives
to the satisfaction of the Planning Commission and City Council;
e. Architectural drawings demonstrating the design and character of
the proposed structures, buildings, uses, and facilities, and the
physical relationship of all elements;
f. Detailed engineering plans for the provision of public utilities for
the development, including, but not limited to, water, sewer,
drainage, street lighting, and fire hydrants;
g. Other pertinent information as may be deemed necessary by the
Community Development Director, Planning Commission, and/or
City Council to determine that the contemplated arrangement of
uses make it desirable to apply regulations and requirements
differing from those ordinarily applicable pursuant to the
provisions of this Title;
h. A development schedule indicating the time when the
commencement and completion of the construction will occur
under
the approved development plan; and
ORDINANCE NO. 522 C.S.
PAGE 7
I. A statement requesting modification of regulations and
requirements differing from those ordinarily applicable pursuant
to the provisions of this Title.
4. The development plan shall meet or exceed the minimum requirements
set forth in other portions of this Title for land uses corresponding to
the land uses proposed.
5. Density transfers shall be permitted subject to Planning Commission
and City Council approval.
E. Permitted Uses
The following uses shall be permitted in the Planned Development (P-D)
District pursuant to approval by the City Council of the Planned Development
ordinance for the area in question:
1. Single family dwellings, duplexes, and multiple family residential
structures, including clusters, condominiums, townhouses, and similar
concepts;
2. Commercial uses and commercial residential uses compatible with the
total development plan, including, but not limited to, mobile home
parks, restaurants, specialty shops, motels, and convention facilities;
3. Accessory buildings and uses as shown on the development plan, to be
constructed with, or subsequent to, the construction of the main
building;
4. Accessory buildings, such as garages, guest houses, or cabanas,
subject to the lot coverage requirements set forth in Section 9-09.010
H; and
5. Public and private park and/or recreation facilities, public and private
schools, and public utility buildings and structures and uses, not
including service, corporation, or storage yards.
F. Maximum Allowable Building Size and Height
1. No new structure, expansion of an existing structure to an adjacent
structure or modification of an existing structure shall be permitted nor
shall any business license or other permit be issued or renewed, that
would allow the creation of a retail store or business with a total space
occupying more than 102,500 square feet.
ORDINANCE NO. 522 C.S.
PAGE 8
2. The maximum allowable height for a building or structure within the P-D
District shall be as shown on the development plan for the P-D District
or as recommended by the Planning Commission. In no case shall any
structure be of such height or location as to obscure any view due to
elevation differential of building sites.
3. Accessory buildings within the P-D District shall not exceed one story
and fourteen feet (14') in height.
G. Minimum Building Site and Lot Width
1. Minimum building site and minimum lot width for any permitted use
other than single family residences shall be as shown on the
development plan, or shall conform to minimum requirements as set
forth in other sections of this Title with relation to land use.
2. Minimum lot sizes may be reduced by two thirds (2/3), providing the
area of reduction is devoted to common area, open space, green belt,
or other recreational uses.
H. Maximum Building Site Coverage by Buildings and Structures
1. The maximum coverage of a building site by all structures including
accessory buildings permitted in the P-D District, but not including
uncovered patios or swimming pools, shall not exceed thirty (30)
percent for the P-D District, or as shown on the development plan.
2. Where lot sizes have been reduced as provided for in Section 9-09.010
G, the maximum building coverage may be increased directly in ratio to
the reduction of lot size.
I. Minimum Yards Required
The front, side, and rear yard shall be shown on the development plan or as
recommended by the Planning Commission. If front, side, and rear yards are not
represented on the development plan, then yard requirements shall conform to the
minimum requirements as set forth in other sections of this Title.
J. Fences, Walls, And Access
Fences and walls may be shown on the development plan and approved or
required by the Planning Commission in the P-D District. If such fences and walls
are not shown, the following shall apply:
1. Fences, hedges, and walls not to exceed six feet (6') in height may
occupy any side or rear yard, provided:
--
ORDINANCE NO. 522 C.S.
PAGE 9
a. That such fences, hedges, and walls do not extend into any
required front yard setback, and in the case of a corner lot, such
fence does not extend into the required side yard setback
adjacent to the street. Such fences, hedges, and walls shall not
exceed three feet (3') in height in aforementioned required
setbacks.
b. That if there is over one foot (1') difference in elevation between
contiguous buildings sites, the six foot (6') maximum height shall
be a combination of the difference in elevation plus the height of
the fence, providing that regardless of any difference In
elevation, a fence not to exceed forty inches (40") may be built
in such areas, and further providing that if written approval of the
adjoining property owner is obtained, and a permit is obtained
from the City Community Development Department, such fence
may be built to a maximum of six feet (6') above the finished
grade.
2. Fences exceeding six feet (6') in height to enclose a court area, tennis
court, or similar area, may be erected subject to obtaining a Conditional
Use Permit, if such fence is constructed of open mesh wire and is on
the rear one-half (1/2) of a lot.
3. A six foot (6') fence shall be required surrounding a swimming pool.
Upon securing a Conditional Use Permit, any such fence may be
erected exceeding the required height in this paragraph.
4. Access to any parking area, ponding area, or public street shall be
shown on the development plan.
K. Required Minimum Off-street Parking
1. All residential uses shall have a minimum of two (2) garage spaces.
3. All other uses shall have off street parking provided as required by the
provisions of Chapter 9-12 of this Title.
L. Utilities
1. Utility lines in the P-D district, including, but not limited to electric,
communications, street lighting, and cable television, shall be required
to be placed underground except that electric utility lines shall be
required to be placed underground only to the extent required for so-
called streamline installation. Where streamline installation is used, the
service lines running from the transmission lines to each residence or
ORDINANCE NO. 522 C.S.
PAGE 10
other service unit shall be placed underground, and only the
transmission lines may be above ground, on streamline poles which
contain transformers. Transmission lines may be placed underground at
the option of the developer or utility with the concurrence of the
Planning Commission. Where transmission lines are placed
underground, appurtenances and associated equipment such as, but not
limited to, surface mounted transformers, pedestal mounted terminal
boxes and meter cabinets, and concealed ducts may be placed above
ground provided such appurtenances are landscaped to the satisfaction
of the Planning Commission.
2. The developer or builder shall be responsible for complying with the
requirements of this subsection, and he shall make the necessary
arrangements with the utility companies for the installation of such
facilities.
3. Utility lines that do not provide service to the areas being developed,
but which pass through or alongside such areas, may be placed above
ground only after plans for such installation have been submitted to and
approved by the Planning Commission.
M. Variation from Minimum Requirements
Variations from minimum requirements referred to in subsection D.2 of
Section 9-09.010 (Development Plan) of this Title may be permitted in the Planned
Development (P-D) District. The approval of any plan that requires such variations
shall be approved by not less than a majority vote of the total membership of the
Planning Commission upon a finding that such variations will produce anyone or
more of the following results:
1. Reduce the area and unsightliness of cut and fill banks; or
2. Reduce the danger of erosion; or
3. Create a better community environment through the dedication of
public areas, rearrangement of lot sizes, or reforestation of barren
areas; or
4. Create other improvements or permit the use of techniques which will
produce a more desirable and livable community than can be obtained
by strict compliance with such minimum requirements.
N. Grading
-~~ -.-..--
ORDINANCE NO. 522 C.S.
PAGE 11
No construction or grading shall be done until both development plans and
subdivision plans have been adopted as set forth in this Title; provided, however,
minor grading which is necessary for the enjoyment or safety of the existing use
shall be allowed as a matter of right and subject only to City laws pertaining to
grading.
o. Subdivision
In the P-D District, where from the nature of the size, location, shape, or
topography of the parcel of land, or where from the nature of the improvements of
development shown on the development plan, or any combination of these factors, it
appears to the Community Development Director that a future division of ownership
or subdivision of said parcel would be required for orderly development, the
Community Development Director may require the filing of a tentative subdivision
map, as provided in the land division provisions of this Title, and the performing of
any other acts required in such regulation. Where any requirement of the land
division provisions requires any specific act of the land owner or subdivider, the
approval of any development plan shall not become effective until compliance has
been made with such subdivision provisions.
P. Reversionary Clause
Any land classified as a P-D District shall revert to its former classification in
the event that any portion of the development is not commenced within one (1) year
from the effective date of the ordinance classifying said land into a P-D district. If
rezoning is initiated by the Planning Commission or City Council, such reversion shall
not take effect.
SECTION 3: Arroyo Grande Municipal Code Section 9-18.030 -R- is amended as
follows:
Regulatory Floodway: The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood without
cumulatively increasing the water surface elevation more than one foot.
Restricted Parking: Situation where no on-street parking is permitted along the
street frontage, or where on-street parking is prohibited during specified hours every
day.
Room (Habitable): Room meeting the requirements of this Title for sleeping, living,
cooking or dining purposes, excluding such enclosed places as closets, pantries, bath
or toilet rooms, service rooms, connecting corridors, laundries, unfinished attics,
foyers, storage spaces, cellars, utility rooms and similar spaces.
--
ORDINANCE NO. 522 C.S.
PAGE 12
Recyclable Material: Reusable material, including, but not limited to metals, glass,
plastic and paper, which are intended for reuse, remanufacture, or constitution for
the purpose of using the altered form. Recyclable material does not include refuse or
hazardous materials.
Recycling Facility: "Recycling Facility" shall mean a center for the collectionand/or
processing of recyclable materials. A Certified Recycling Facility or Certified
Processor means a Recycling Facility certified by the California Department of
Conservation as meeting the requirements of the California Beverage Container
Recycling and Litter Reduction Act of 1 986. A Recycling Facility does not include
storage containers or processing activity located on the premises of a residential,
commercial, or manufacturing use and used solely for the recycling of material
generated by that residential property, business or manufacturer.
Recyclable Material: Reusable material, including, but not limited to metals, glass,
plastic and paper, which are intended for reuse, remanufacture, or constitution for
the purpose of using the altered form. Recyclable material does not include refuse or
hazardous materials.
Recycling Facility: "Recycling Facility" shall mean a center for the collection and/or
processing of recyclable materials. A Certified Recycling Facility or Certified
Processor means a Recycling Facility certified by the California Department of
Conservation as meeting the requirements of the California Beverage Container
Recycling and Litter Reduction Act of 1986. A Recycling Facility does not include
storage containers or processing activity located on the premises of a residential,
commercial, or manufacturing use and used solely for the recycling of material
generated by the residential property, business or manufacturer.
Religious Institutions: Any buildings which are used primarily for religious worship
and related religious activities.
Research and Development: A use engaged in study, testing., design, analysis, and
experimental <;tevelopment of products, processes, or services, including incidental
manufacturing of products or provision of services to others.
Residential Care Facility: Any family home, group care facility, or similar facility for
24-hour non-medical care of persons in need of personal services, supervision, or
assistance essential for sustaining the activities of daily living or for the protection of
the individual.
Residential Use: Any building which is lawfully used for living or dwelling purposes.
Residential Zoning District: Means property in the RE, RH, RR, RS, SF, VR, MF,
MFA, SR, MHP, and PD districts.
ORDINANCE NO. 522 C.S.
PAGE 13
Restaurant: A use providing preparation and retail sale of food and beverages,
including cafes, coffee shops, sandwich shops, ice cream parlors, and similar uses,
and including licensed "on-sale" provision of wine and beer for consumption on the
premises when accessory to such food service.
Retail Store: Any building or structure in which one or more articles or merchandise
or services are sold or provided at retail, including department stores.
Right-of-Way: A strip of land acquired by reservation, dedication, forced dedication,
prescription, or condemnation and intended to be occupied or occupied by a road,
crosswalk, railroad, electric transmission lines, oil or gas pipeline, water line, sanitary
storm sewer, and other similar uses.
Reverse Vending Machine(s): Automated mechanical device which accepts at least
one or more types of empty beverage containers including, but not limited to
aluminum cans, glass and plastic bottles, and issues a cash refund or a redeemable
credit slip with a value not less than the container's redemption value as determined
by the State. A Reverse Vending Machine may sort and process containers
mechanically provided that the entire process is enclosed within the machine. In
order to accept and temporarily store all three container types in a proportion
commensurate with their relative redemption rates, and to meet the requirements of
certification as a recycling facility, multiple grouping of Reverse Vending Machines
may be necessary. A Bulk Reverse Vending Machine refers to a Reverse Vending
Machine that is larger than 50 square feet; is designed to accept more than one
container at a time; and will pay by weight instead of by container.
Roof Line: Intersection of the plane of an exterior building wall and the primary roof
plan of the building.
Run with the Land: A covenant restriction to the use of land contained in a deed
and binding on the present and all future owners of the property.
SECTION 4: If any section, subsection, subdivision, paragraph, sentence, clause or
phrase of this Ordinance or any part thereof is for any reason held to be unlawful,
such decision shall not affect the validity of the remaining portion of this Ordinance
or any part thereof. The City Council hereby declares that it would have passed
each section, subsection, subdivision, paragraph, sentence, clause or phrase
thereof, irrespective of the fact that anyone or more section, subsection,
subdivision, paragraph, sentence, clause or phrases be declared unlawful.
SECTION 5: A summary of this Ordinance shall be published in a newspaper
. published and circulated in the City of Arroyo Grande at least five (5) days prior to
the City Council meeting at which the proposed Ordinance is to be adopted. A
certified copy of the full text of the proposed Ordinance shall be posted in the
office of the Director of Administrative Services/Deputy City Clerk. Within fifteen
._---,_._~------
ORDINANCE NO. 522 C.S.
PAGE 14
(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 become effective thirty (30) days after the date
of its adoption.
On motion of Council Member Ferrara, seconded by Council Member Dickens and
on the following roll call vote, to-wit:
A YES: Council Members Ferrara, Dickens, lubin, and Mayor lady
NOES: Council Member Runels
ABSENT: None
the foregoing Ordinance was adopted this 9th day of January, 2001.
- --~."....-
ORDINANCE NO. 522 C.S.
PAGE 15
~...~ .
MICHAEL A. .LADY. MAY~
- -
ATTEST:
U()ILR-
, IRECTOR OF ADMINISTRATIVE SERVICES/
DEPUTY CITY CLERK
APPROVED AS TO CONTENT:
~-
.. ~~~
Srt ADAMS, CITY MANAGER
APPROVED AS TO FORM:
.
,
OFFICIAL CERTIFICATION
I, KELL Y WETMORE, Director of Administrative Services/Deputy ~~ty 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 Ordinance No. 522 C.S.
is a true, full, and correct copy of said Ordinance passed and adopted at a
regular meeting of the City Council of the City of Arroyo Grande on the 9th day of
January, 2001.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 11 th
day of January, 2001.
/1,/J20--
RE, DIRECTOR OF ADMINISTRATIVE SERVICESI
DEPUTY CITY CLERK