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O 442 C.S. " ... 205 ORDINANCE NO. 442 e.s. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADOPTING A NEGATIVE DECLARATION. AMENDING CHAPTER . 9 OF THE MUNICIPAL CODE (AMENDMENT TO THE DEVELOPMENT CODE) AND INSTRUCTING THE CITY CLERK TO FILE A NOTICE OF DETERMINATION (REZONE CASE NO. 91-224) WHEREAS. the City of Arroyo Grande has conducted environmental review for Rezone Case No. 91-224 and has found that a negative declaration is appropriate; and WHEREAS. the City Council adopted the Development Code. which became effective June 13. 1991. and indicated that modifications to the Development Code may occur to refine the document; and WHEREAS. a noticed public hearing was held by the Planning Commission on December 17. 1991 at which all interested persons were given the opportunity to be heard; and L. WHEREAS. the Planning Commission on December 17. 1991 recommended that the City Council amend the Development Code; and WHEREAS. a noticed public hearing was held by the City Council on January 14. 1992 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 hearing and in the proposed document and staff report. NOW. THEREFORE. BE IT RESOLVED that the City Council 'of the City of Arroyo Grande. California does hereby ordain the amendments outlined in Attachment" A" based on the following findings: 1. 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. 2. The proposed development code amendment will not adversely affect the public health. safetv. and welfare or result in an illogical land use pattern. 3. The proposed development Code amendment is consistent with the purpose and intent of Title 9. 4. The potential environmental impacts of the proposed development code amendment are insignificant. On the motion by Council Member Emith . seconded by Council Member Dougall, and by the following roll call vote. to wit: AYES: Council Members smith, Dougall, Gallagher, Moots and Mayor Millis NOES: None ABSENT: None the foregoing Ordinance was adopted this 28th day of January. 1992. '---' ~. ?l..df~ M. -, :~y . I ArrEST: , I ~a.~ NANCY A. DA S. CITY CLERK APPROVED AS TO FORM: APPROVED AS TO CONTENT: CHRIS . ~---. ~~.. _ _ ...___ __..__ "____ .__.n~ J --- " . 206 ," ORDINANCE NO. 442 C.S. ATTACHMENT "A" Amend Table 9.05.040.A of the Development Code as follows: Table 9-05.040-A Agricultural Site Development Standards I...: ..... :,.... :" "" ......;. ......:i.. ......:..:..):.. .:::.::.Y::\';.;::-::;.;":;;l.;....:,:::.;::...ii:!:::j;::::::;,:)::;:i:,.';::'U.i:';):..:\j':i.ii:';::':i.;:':!;:::'.''::,::';:';:::\.:'.-h 1,+"(:..::2':.:';;"")( (i"];,:.'-:'\::./,,".; 1.;:::;'.:::<:'i'AP,'.::::::::....:..1 '" 1. Minimum parcel size (gross acres) 10.0 10.0 2. Minimum lot width 330' 330' 3. Minimum front yard building setback 50'. 50'* 4. Minimum rear yard building setback 50'. 50'. 5. Minimum interior side yard setback 30'~ 30'* 6. Minimum street side yard setback 30'''' 30'* 7. Maximum height for buildings and structures 30' 30' * If a lot is located within an agricultural zone and was created prior to the June 13. 1991 effective date of the Development Code.. buildings mav conform with the setback and lot covcraQc standards of the previous zone. as outlined in Appendix C.W,D. 2.19 . """" ! , I I , . 207 .. j '. Amend Table 9-06.050-A of the Development Code as follows: Table 9-06.050-A Residential Site Development Standards Single Family Zones I . I .' .... II .'1 ... I I I .. ... : .....;: .. ...... .' ...... ." ..' ... "\':", ..> i.' i:::.:"RE.'..'.' ..::-'.:\.'RH:.,.:.'::.'.i:R'R-!:'.:U' . ..:th'.AS ',:::{..' ."./\:'SFi'.:.:VRi 1. Maximum donslty 0.4 0.67 1.0 2.5 4.5 4.5 (DU's per gross acre) 2. Minimum building site- 92,500b 49.000 40,000 12,000 7.200 6750 (Net area In sq. It.) '-' 3. Minimum lot widthC 200' 130' 120' 80' 70' 50' 4. Minimum lot dopth 250' 200' 200' 100' 100' 100' 5. Minimum front yard 50~ 35~ 35~ 25~ 20~ 15~ setback 6. Minimum Interior side 30~ 100k of 10% of 5'one S'one 5~ yard setback lot width lot width side, 10' side, 10' * * other other - - side * side * 7. Minimum street side 30~ 15% of 15% of 1S~ 15~ 10~ yard setback lot width lot width * - B. Minimum rear yard 50~ 40~ 25 ::. 20::' 10' (1 10' (1. setback sIal\') 15' sIal\') 15' (2.lIol\') - 12'5101\') ~ 9. Maximum lot coverage 35% * 35% * 35% * 30% * 40% * 40%~ 10. Maximum height for 30' or 2 30' or 2 30' or 2 30' or 2 30' or 2 30' 0' 2 buildings and structures .torl.., .Iorl.., lIorl.., .Iorla., .Iorl.., "0'1.., whichever whichever whichever whichever whichever whichev., Is Ie sa Is leis, 14' Is leis, 14' Is less, 14' Ii leu, 14' Is I.ss, 14' lor for lor lor lor acces. acceasol\' accauol\' accessory accessory iOry buildino. bulldinos buildings buildings buildings 11. Minimum distance 20' 20' 6' 10' 10' 10' between buildings (including main dwellings and accessory structures)' ~If a lolls localed wilhin a residential 20ne ana was creajed pnor to the June 13. tI9t effeclive date 0' the Dovelopment ..code. buildings mav con'orm with the setback and lot coverago standards of the previous zone, as outlined in Appendix C.w. 0.2.19 lono$.I\IIW '~ .. ,-- ---- n__~____..________. ,-___________,~_____~-____._. .' 208 ORDINANCE NO. 442 C.S. 0 Table 9-06.050-8 Residential Site Development Standards Multiple Family and Othet Zones 1..........i,i......)\<.:uV,,:.:\..:.::...i::"n.:;....,..::,};,,';.::i':::',;,::'!i::'..::;}ili::::,)::::i,'i.j."M:F.:..;::.::.:::.:(. 1.\;):::::j':{MFAji'::::;';::C\'.::i':;:::::]::'.!'ifSR.bo.'.:,ii'.I:....;..r:. '1\11''; p:";-O-:...:.\ 1. Maximum density 9.0 11.0 25.0' 6.5 (OU's per gross acre) 2. Minimum building slto 10,000 10,000 20,000 5 acresll (Net area In sq. It.) 3. Minimum lot wldthC 00' 80' 00' 60,Q --.. 4. Minimum lot depth 100' 100' 100' 100'11 5. Minimum rront yard setback 20'. 20'. 20' 20' 6. Minimum Intcrlor side yard 10'. 10'. 10' 5' setback 7. Minimum street side yard 10'. 10'* 10' 15' setback 8. Minimum rear yard setback Average Average Average 15,h 5' 15,h' 15,h. 9. Maximum lot coveraged 40%* 45%* 60%' 50% 10. Maximum height ror buildings 30' or 2 30' or 2 30' or 2 slo~ies, 30' or 2 slories, and structures slories, slorles, whichever Is loss, whichever Is whichever Is whichever Is 14' lor accessory loss, 14' lor less, 14' for loss, 14' .or buildings accessory accessory accessory buildings buildings buildings 11. Minimum distance between 10' 10' 10' 5' buildings (including main dwellings and accessory structuros)' NOTES TO TABLE 9-06.0S0-A AND B: Residential Site Development Standards . See Table 9-Q4.050-A for minimum lot sizes for parcels with slope greater than 7%. b Area shall be Increased to 5 acres for slopo conditions exceeding 20%. c Width measurements for cui-do-sac or otherwise odd shaped lots shall be determined on the basis or the average horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between the rront and rear lot lines. * If a lot Is located within a residential zone and was created prior to the June 13, 1991 effective date of the Development Code. bulldlnQs may conform with the setback and lot coveraae standards of the previous zone as oulllned In Appendix C.W.-D-2.19 ........ zone.,new ~ 209 . . . . .1 Amend Section 9-10.100 (C) (4a) of the Development Code as follows: 4. Restoration of a Damaged Structure a) Whenever a AOAOOAfOfffiiAg-&tfuGture or- structure that constitutes a nonconforming land use while being used as a single family residence is destroyed by fire or other calamity, by act of God, or by the public enemy, kHA& &X GiAg-tho antif&-&ffi:IG~ the structure may be restored and the nonconforming usa may be resumed, provided that restoration is started within one year and diligently pursued to completion, and provided further that the restored structure does not exceed the square footage of the original structure. b) Whenever any other nonconforminQ structure or other structure that constitutes a nonconforming land use is destroyed by fire or other calamity. by act of God. "----- or bv the public enemy to the extent at 50 percent or less of the cost of replacing the entire structure. the structure may be restored and the nonconforminq use may bo resumed. provided that restoration is started within one year and diligently pursued to completion. and provided further that the restored structure does not exceed the square footage of the original structure. c) When the destruction of any structure. except a single family resldenceL exceeds 50 percent or the structure is voluntarily razed or is required by law to be razed, the structure shall not be restored except in full conformity with the regulations for the zone In which it is located and the nonconforming use shall not be resumed. d) Whon a residential structure Is voluntarily razed or Is required by law to be razed. the structure shall not be restored except In full conformity with the regulations for the zone in which it is located and the nonconforming use shall not be resumed. zonca.new