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O 557 ORDINANCE NO. 557 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 REVISING THE COMMERCIAL, INDUSTRIAL AND OFFICE PROFESSIONAL DISTRICTS; AND REZONING THE COMMERCIAL PORTIONS OF THE PLANNED DEVELOPMENT 1.1 AND 1.2 DISTRICTS (DEVELOPMENT CODE AMENDMENT 03- 008) WHEREAS, the City Council adopted the updated General Plan which became effective November 9, 2001 and requires a comprehensive review and necessary revisions to the Development Code and zoning map for consistency in accordance with Government Code Section 65860; 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 staff held a public workshop on April 7, 2004 to facilitate public comment and the Planning Commission held duly noticed public hearings on June 15, June 29, July 20 and August 17, 2004, 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 03-008 at duly noticed public hearings on September 28, 2004 and October 12, 2004 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 change in zone 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",; 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 other policies under objectives LU5, LU7, and LU8, and is therefore desirable to implement the provisions of the General Plan. ORDINANCE NO. 557 PAGE 2 B. The proposed change in zone and revisions to Title 16 reflect that both the existing zones and proposed zones are predominantly commercial and contain historical residential use, and the promotion of mixed use will not adversely affect the public health, safety, and welfare or result in an illogical land use pattern. C. The proposed change of zones and revisions to Title 16 satisfy Section 16.36.010 of the Development 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 change of zones and revisions to Title 16 are within the scope of the Program EIR prepared for the 2001 General Plan Update, and a Negative Declaration has been prepared in Accordance with CEQA. 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 Exhibits "A" and "B" attached hereto and incorporated herein by reference. SECTION 3: Arroyo Grande Municipal Code Chapters, Sections and Tables set forth hereinbelow are hereby amended as shown in Exhibit "C. attached hereto and incorporated herein by this reference: a. Amend Section 16.08.010 in its entirety; b. Amend Section 16.24.010.C; c. Repeal Section 16.24.010.D.1. ; d. Repeal and replace Section 16.36.020.A. in its entirety; e. Add Table 16.36.020-A f. Repeal Section 16.36.020.D; g. Add Sections 16.36.020.E,16.36.020.F, 16.36.020.G., 16.36.020.H. and 16.36.020.1.; h. Amend Section 16.36.030.A.; i. Repeal Table 16.36.030(A) in its entirety and Add new Table 16.36.030-A; j. Repeal Chapter 16.40 and Table 16.40.030-A in their entirety; k. Acid Section 16.52.095; I. Amend Section 16.56.020.B.; m. Amend Section 16.56.050; and n. Amend Section 16.56.060. SECTIQN 4: Arroyo Grande Municipal Code Chapters, Sections and Table(s) set forth hereinbelow are hereby amended as follows: ORDINANCE NO. 557 PAGE 3 a. Repeal Table 16.36.030-A1 in its entirety; b. Renumber existing Section 16.36.020.F. to Section 16.36.020.8. and renumber existing Table 16.36.020-D. to Table 16.36.020-8.; c. Renumber existing Section 16.36.020.8. to Section 16.36.020.C. and renumber i existing Table 16.36.020-A. to Table 16.36.020-C.; ! d. Renumber existing Section 16.36.020.C. to Section 16.36.020.D. and renumber existing Table 16.36.020-8. to Table 16.36.020-D.; e. Renumber existing Section 16.36.020.G. to 16.36.020.J.; f. Renumber existing Section 16.36.020.H. to 16.36.020.K.; SECTION 5: Upon adoption of this Ordinance, the Director of Administrative Services shall file a Notice of Detennination. SECTION 6: 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. SECTION 7: 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 ServiceslDeputy City Clerk shall post a certified copy of the full text of such adopted Ordinance. SECTION f: This Ordinance shall take effect thirty (30) days after its adoption. On motion by Council Member Lubin seconded by Council Member Runels, and by the following roll call vote to wit: AYES: Council Members Lubin, Runels, Dickens, Costello and Mayor Ferrara NOES: None ABSENT: None the foregoing Ordinance was adopted this 2611 day of October, 2004. -.- --- -_._-----..~-------_.._- - , , ORDINANCE NO. 557 PAGE 4 .~/ TONY M. FE , MAYOR . ATTEST: APPROVED AS TO CONTENT: ~~ STEV ADAMS, CITY MANAGER APPROVED AS TO FORM: t/ --- fRifP;Q ~ II! 11- .m: ~ ~ ~11, .~~ ~~"' 'r I ~ ,,;0 CO 4' ~ '-l .,,'i7i 11 d;~~ .I.~~h~: ~ ~m _ ~ ~\iI.\;I,~1 ~ u '~ ~ ffi& _ L- [\11 '1 <I ':$ \\;!" t :"OJA. ~ II l- I ~~ "'11t~ ~~~ ~ ..- ~~ . IloRl- l'''''~Z~ 4~\ m __~~. ~~W~rm ~"'~" ~ I ~ ~ C--/~.. ___ ~ ~;n n ra' ~ lJ1ft: I ~ ~u = \ fc14 1 ~ ~ ~~1,~~ (j ~ ~ )W~?4~' A"" ~ ~ ~"~ I _ ~ '-?" 1- -c'C" ' !:= '" \A&~ ~ '; _ ~" / -Iw-Sk~ ~~. ~ \: ~~~~ ;QO;~Q~~ o;c;;; "" c cccS - . . 'rJ l\a\H~'3 . u --------------- ------.----- OMU-D-2.20 Exhibit "8" Design Overlay O-D-2.20 Medical Mixed Use Description of Parcels: APNs: 006-39- 044, 046, 047, 048 and 049 (see attached map). Use Regulations: Mixed use development with 75% office use compatible with Hospital Facilities Plan. All other uses as specified in underlying zoning district (OMU). Site Development Criteria: 1. As specified in the underlying zoning district, (OMU). Three-story building components allowed only with substantial transitional space and/or lower story elements adjacent to residential districts or uses. Future hospital redevelopment shall include public transportation improvements (reference development approval CUP 02-006, Planning Commission resolutions 02- 1839 and 02-1841). 2. Maximum Building Size may exceed maximum standard of 50,000 square feet specified in underlying zoning district (OMU). Performance Standards: Section 16.48.065 Mixed Use developments. Section 16.48.120 Performance Standards. Design Guidelines: none. Additional Information: These parcels were zoned with a -D overlay at the time of the 2004 Development Code update to clarify development standards that pertain to the subject parcels. A Hospital Facilities Plan must be completed and submitted to the Community Development Department prior to any use permit approval within the OMU- D-2.20 Overlay. "'""-------,-~ ---~,-_._-- -_..,~ - II II ',"'^ If ill ,,,;:1';" _. II! ~ " , .~ , '''.:it ; ?f J . .. ._" .' , ,.-J.~' '. , t - .If., ~- '''\ i . J > .. .- 'j ~ ~.. j ''''I tI1, ..,,~~~, ~ t; Ord 557 Exhibit "C" Page 1 of 15 EXHIBIT "c" 16.08.010 Incorporation by Reference The following documents are hereby 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); B. Design Guidelines and Standards for Historic Districts, 2003 for Design Overlay District (D-2.4) pertaining to the Village area; C. Design Guidelines and Standards for Mixed Use Districts pertaining to the E. Grand Avenue and a portion of EI Camino Real (as amended); D. Arroyo Grande Standard Plans for Public Works Construction (as amended); E. Oak Park Acres Planned Development - Ordinances 140 C.S., 150 C.S., 196 C.S., 246 C.S., 259 C.S., 291 C.S., 296 C.S., 316 C.S., and 396 C.S.; F. Rancho Grande Planned Development - Ordinances 186 C.S., 302 C.S., 315 C.S., 343 C.S., and 397 C.S.; G. Royal Oaks Planned Development - Ordinances 355 C.S., 356 C.S., 358 C.S., 384 C.S., 406 C.S., 418 C.S. and 430 C.S.; H. Wildwood Ranch Planned Development - Ordinance 214 C.S.; I. Oki Planned Development - Ordinance 420 C.S.; J. Flood Insurance Study for the City of Arroyo Grande, dated July 1983, or as officially amended; K. City of Arroyo Grande Development Standards for Fire Protection, as amended. L. Ordinance 153 C.S. relating to a Design Development Overlay District; M. Ordinance 329 C.S. relating to a Design Development Overlay District; N. Ordinance 135 C.S. relating to a Design Development Overlay District; O. Ordinance 86 C.S. relating to a Design Development Overlay District; P. Ordinance 360 C.S. relating to a Design Development Overlay District 117. Q. Ordinance 130 C.S. relating to a Design Development Overlay District. R. Ordinance 558 relating to a Design Development Overlay District OMU-D-2.20. Copies of each of the above listed documents are on file with the community development department and administrative services department. 16.24.010. Created. C. Commercial and Mixed Use Districts: 1. Industrial Mixed Use (IMU) district; 2. Village Core Downtown (VCD) district; 3. Village Mixed Use District (VMU) district; 4. Traffic Way Mixed Use (TMU) district; 5. Gateway Mixed Use (GMU) district; 6. Fair Oaks Mixed Use (FOMU) district; 7. Highway Mixed Use (HMU) district; 8. Office Mixed Use (OMU) district; 9. Regional Commercial (RC) district; 10. Historic Character Overlay (HCO) district. - --_....--------"-_. ---'-'''" --'------- "--.".."----. Ord 557 Exhibit "C. Page 2 of 15 16.36.020 Commercial and Mixed Use Development Districts and Site Development Standards A. Industrial Mixed Use (IMU) district. The primary purpose of the IMU district is to provide a sound and diversified economic base and employment opportunities for the citizens of Arroyo Grande. It is the further intent of this chapter to accomplish this via the establishment of a specific, well-defined pattern of industrial activities which is compatible with residential, commercial, institutional, and other uses within the community; has good access to the regional transportation system; accommodates the personal needs of workers and business visitors; and which meets the service needs of local businesses. In addition to the above, it is the further intent of the IMU district to: 1. Reserve appropriately located areas for industrial use and protect these areas from intrusion by dwellings and other inharmonious uses; 2. Protect residential, commercial and nuisance-free non-hazardous industrial uses from noise, odor, dust, smoke, truck traffic and other objectionable influences and from fire, explosion, radiation and other hazards incidental to certain heavy industrial uses; 3. Minimize traffic congestion and to avoid the overloading of utilities by restricting the construction of buildings of excessive size in relation to the amount of land around them. Refer to Table 16.36.030-A for allowable uses and Table 16.36.02o-A for minimum site development standards. 1. MaxImum DensIty Mixed Use Pro 2. Minimum Lot SIze 3. MInimum Lot Width 4. Front Yard Setback 5. Rear Yard Setback 6. Side Yard Setback o - 15 feet. 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 8CC8S8O activities. 7. Street SIde Yard Setback 20 feel Except as otherwise permitted. a street side building setback area shan be used only for landscaping, pedestrian walkways, driveways, or off-street parking. 8. Building Size Umits Maximum height Is 30 feet or two stories. Maximum Building SIze is 102,500 square feet. 9. SIte Coverage and Floor Area Maximum coverage of site that may be covered by structures and pavement Is Ratio 50%. Maximum Floor Area Ratio is .45. 10. Off-street Parking and Section 16.56.020. Loading Where off-street parking areas are situated such that they are visible from any street. a wan, berm, or combination walllberm three feet In height shaD be erected between the required landscape area and the parking area to a uate screen the rid areas. 11. Site Design and Signs See Guidelines and Standards for Mixed Use Districts. See SectIon 16.60. "~._~_._.~-- ~ -- _._,,_..._....~,_.- Ord 557 Exhibit "c" Page 3 of 15 E. Gateway Mixed Use (GMU) District. The primary purpose of the GMU district is to provide for the combination of financial institutions, retail, office and commercial uses and multi-family residences with retail and other pedestrian-oriented uses on the ground floors of structures fronting E. Grand Avenue, and residential units or offices allowed on upper floors. Regulations for the GMU district, combined with the Design Guidelines and Standards for the GMU both intensifies commercial development and multi- family housing opportunities in the western gateway to the City. The GMU district implements and is consistent with the Mixed Use land use designation of the General Plan. Refer to Table 16.36.030-A for allowable uses and Table 16.36.020-D. for minimum site develo ment standards. 1. Maximum density -Mixed Use Projects 25 dwelling units/acre (based on gross project area) 2. Maximum density -Multi-family housing 15 dwelling units/acre 3. Minimum density (projects that do not front 75% of maximum density (measured on residential portion of E. Grand Avenue.) horizontal mixed use project area or 50% of project area, NOTE: Densities do not Include density whichever Is less) bonus. See Section 16.80 3. Minimum Lot Size 20 000 . ft. ross 4. MInimum Lot Width 100 feet 5. Front Yard Setback o - 10 feet Exceptions for larger setbacks may include entrance courtyards, areas for outdoor dining, or for projects facing a residential district as detennined th h discretlona review. 6. Rear Yard Setback o - 15 feet Parking encouraged. For projects abutting a residential district co nd residential setback shaI 7. Side Yard Setback o - 5 feet. For projects abutting a residential district, corresponding residential setback shaI 8. Street Side Yard Setback 0-15 feet. Exceptions may include areas for outdoor dining, or architecturalllandscape features detennlned through discretionary action. 9. Building Size Umits Maximum height is 35 feet or three stories whichever is less; a maximum of uP to 40 feet for mixed use projects by discretionary action on lots larger than 20,000 sq. ft and where the building is not adjacent to a residential district. See Design Guidelines and Standards for Mixed Use Districts. Also see SectIon 16.48.030.8.5 and 6. Maximum bulldi size is 102 500 uare feet. 10. Site Coverage and Floor Area Maximum coverage of site that may be covered by structures is Ratlo(maximum building area as a ratio of site 75%. area, excluding porches, cellars, attics, and Maximum Floor Area Ratio is 1.5. un round 11. Site DesIgn and SIgns Commercial and mixed use projects larger than 20,000 sq. ft: 200 sq. fl of public accessible open space Is required for every 5,000 sq. ft. of office or commercial space exclusive of areas for parking and driveways. See General Commercial and Mixed Use Design Guidelines and Standards. General Plan Policies LU5-11. For mixed use projects, refer to Section 16.48.065. Additional si n standards also In Section 16.60. 12. Off-Street Parking and Loading See DesIgn Guidelines and Standards. Parking is to be located behind buildings or to the side. Driveways along E. Grand Avenue shaH be minimized by combining driveways, using alleys or designing development so that access Is provided from local streets. ---_._------~-- --_._---_._.._---~-~- --~-_..,-- " Ord 557 Exhibit "c" Page 4 of 15 l~~~ I ..<.; .... .::1==1:.:.02~~' ............ ... ...... F. Fair Oaks Mixed Use (FOMU) District. The primary purpose of the FOMU district is to provide for the combination of retail and service uses with an emphasis on those related to home improvement, as well as restaurants, offices, visitor serving uses and multi-family residences that are preferably incorporated in a mixed use project. Regulations for the FOMU district, combined with the Design Guidelines and Standards for the vicinity of the FOMU, intend to promote a pedestrian accessible mixed use district with shared parKing and transition to surrounding residential neighborhoods.. The FOMU district implements and is consistent with the Mixed Use land use designation of the General Plan. Refer to Table 16.36.030-A for allowable uses and Table 16.36.020-F for minimum site development standards. 1. Moimum DensIty Mixed Use Projects 25 dwelling unltllacre (based on gross project area) 2. Maximim DensIty Multi-famUy housing 15 dwelling unltllacre 3. Minimum DensIty (projects that do not front E. 75% of maximum density (measured on residential portion Grand Avenue.) of horizontal mixed use project area or 50% of project area, NOTE: DensJtJes do not include density bonus. See whichever is less) Section 16.80 4. MInimum Lot Size 15000 . ft. ross 5. Minimum Lot Width 80 feet 6. FrontYard Setback o - 10 feet ExceptIons for larger setbacks may Include entrance courtyard areas for outdoor dining , or for projects facing a residential district as determined through dlscretiona review. 7. Rear Yard Setback o - 15 feet Parking encouraged. For projects abutting a residential district, corresponding residential setback shall a I. 8. Side Yard Setback o - 5 feet. For projects abutting a residential district, corras ndl residential. setback shall a 9. Street Side Yard Setback o - 15 feet. Exceptions may Include areas for outdoor dining, or archltecturalt1andscape features determined thro h dlscretiona action. 10.8u11dlng Size Umits Maximum height for mixed resldentlallconvnen:ial use Is 35 feet or three stories whichever is less; a maximum of up to 40 feet for mixed use projects by discretionary action on lots larger than 20,000 sq. ft and where the building Is not adjacent to a residential district. See Design Guidelines and Standards for Mixed Use Districts. Also see SectIon 16.48.030.8.5 and 6. Maximum build size Is 50 000 uare feet. 11.Site Coverage and Floor Area Ratio Maximum coverage of site that may be covered by structures Is 70%. MaxImum Floor Area Ratio Is 1. 12. Site Design and Signs See Design Guidelines and Standards. Please note General Plan Policies LU5-11. For mixed use projects, refer to SectIon 16.48.065 Additional . n standards in SectIon 16.60. 13. Off-Street Parking and Loading See Design Guidelines and Standards. Parking Is to be located behind buildings or to the side. Driveways along E. Grand Avenue shall be minimized when possible by combining driveways, using alleys or designing development so that access is provided from local streets. See SectIon 16.56.020. Ord 557 Exhibit "C" Page 5 of 15 G. Highway Mixed Use (HMU) District. The primary purpose of the HMU district is to provide areas for a variety of visitor-serving and auto-related uses in areas convenient to both freeway traffic and vehicles or pedestrians. Development standards and design guidelines are intended to enhance this specialized mix of uses which include automobile sales and service and repair offices, wholesale and retail sales including outdoor display, motels, restaurants and limited residential uses functioning as live-work units. The HMU district implements and is consistent with the Mixed Use land use category of the General Plan. See Table 16.36.030-A for allowable uses and Table 16.36.02O-G for minimum site development standards. 1. Maximum Density Mixed Use Projects 20 dwelling unitslacre (based on gross project area). 2. Maximum Density Multi-Family Housing 20 dwelling units/acre Note: Densities do not include density bonus. See SectIon 16.60 3. Minimum Lot SIze 20 000 .ft ross. 4. Minimum Lot Width 80 feet 5. Front Yard Setback o - 15 feel Exceptions may include areas for outdoor sales determined thro h discretiona action. 6. 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 district, a minimum building setback of twenty (20) feet measured from the property line shall be required for proposed commercial use. . 7. SIde Yard Setback o feel 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. 8. Street Side Yard Setback o - 15 feet. Exceptions may include areas for outdoor sales determined thro h discretiona action. 9. Building SIze Umits 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. 10. Site Coverage and Floor Area Ratio Maximum coverage of site that may be covered by structures Is 75%. Maximum Floor Area Ratio is .75. 11. Site Design and Signs See Design Guidelnes and Standards D-2.11. Additional sign standards also in Section 16.60. 12. Off-Street Parking and Loading See Design GuIdelines and Standards D-2.11 Exhibit 'A' for shared parking locations. See Also Section 16.56.020. Exce tIons allowed b SectIon 16.16.120. H. OffIce Mixed Use (OMU) District. The primary purpose of the office mixed use (OMU) district is to provide areas for the establishment of corporate, administrative, and medical offices and facilities, commercial services that are required to support major business medical development, and multi-family housing. Retail facilities and support business are encouraged to serve nearby office and residen~1 uses. Typical uses include, but are not limited to, professional and medical offices, business-related retail and service functions, restaurants --.----. --- -..-....-..-..- Ord 557 Exhibit "C" Page 6 of 15 (no drive-through windows), health clubs, financial institutions, medical and health care facilities and multi-family housing. Refer to Table 16.36.030-A for allowable uses and Table 16.36.020-H for minimum site development standards. Requirements of this section supercede corresponding requirements within the Planned Development 1.1 and Planned Development 1.2 districts. 1. Maximum Density MIxed Use Projects 20 dwelling units/acre (based on gross project area) 2. Maximum Density Multi-family Housing 15 dwelling units/acre 3. Minimum Density 75% of maximum density (measured on residential portion NOTE: Densities do not include density bonus, See horizontal mixed use project area or 50% of project area, Section 16.80 whichever is less) 4. Minimum Lot Size 'eels 5. Minimum Lot Width 6. Front Yard Setback 7. Rear Yard Setback 8. SIde Yard Setback 9. Street SIde Yard Setback 10. Building SIze Limits Maximum building size is 50,000 square feet. (See OMU- D-2.20) Three-story building components allowed only with substantial transitional space and/or lower story elements ad'scent to residential districts or uses. 11. SIte Coverage and Floor Area Ratio Maximum coverage of site by structures Is 70%. Maximum Floor Area Ratio is 1 12. SIte Design and Signs See OMU-D-2.2O. Please note General Plan Policies LU5-11. For mixed use projects. refer to SectIon 16.48.065. Additional . n standards also in Section 16.60. SectIon 16.56.020. I. Regional Commercial (RC) District The primary purpose of the RC is to provide for a diversity of commercial uses that serve community and regional needs for retail and personal services within distinctive and intemally pedestrian-oriented shopping centers. The RC district implements and is consistent with the Regional Commercial land use designation of the General Plan. Refer to Table 16.36.030-A for allowable uses and Table 16.36.020-1 for minimum site development standards. Requirements of this section supercede corresponding requirements within the Planned Development 1.1 and Planned Development 1.2 districts. --------. ~ .-.-.-. '-'--"...------'- Ord 557 Exhibit "C" Page 7 of 15 Appropriate easements for reciprocal access, parking and maintenance must be recorded and maintained. 3. BuDding Size Umits Maximum height is 35 feet or three stories whichever is less; Maximum non-residential build! size is 102 500 uare feet. 4. Site Coverage and Floor Area Ratio Maximum coverage of site by structures is 100%. Floor Area Ratio is 1.0. Section 16.60. Section 16.56.020. 16.36.030 Commercial and mixed use regulations A. Permitted uses within commercial districts in the city are identified in Table 16.36.030(A). Permitted uses are identified with a "P," uses permitted subject to a Minor Use Permit are identified by a "MUP'" and uses permitted subject to issuance of a conditional use permit are ic;lentified by a "C." Uses not identified 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 apply to proposed commercial uses. Table 16.36.030-A Uses Permitted Within Mixed Use and Commercial Districts IMU= Industrial Mixed Use District (EI Camino) FOMU - Fair Oaks Mixed Use District TMU = Highway Mixed Use District HMU= Highway Mixed Use District VCD = Village Core Downtown District OMU =Office Mixed Use District VMU = Village Mixed Use District RC = Regional Commercial District GMU= Gateway Mixed Use District . HCO = Historic Character Overlay District (Design Overlay District 2.4) P = Permitted Use MUP = Minor Use Permit NP = Not Permitted CUP = Conditional Use Permit (NOTE: Planned Unit Development (PUD) may be required for mixed use subdivisions) PED = Not permitted in pedestrian oriented storefront locations on ground floor facing E. Grand Avenue Allowed Land Permit Required By District Specific Use U..s and Permit All new commercial buildings or thltd-atory componentsfltqulre a CUP Standards Requirements LAND USE IMU TMU VCD YMU GMU FOMU HMU OMU1 RcJ D- D-2.11 2.11 D-2.20 HCO D-2.4 A. SERVICES - BUSINESS FINANCIAL PROFESSIONAL ATt.1 NP P MUP MUP P P P P P Bank NP MUP MUP MUP MUP MUP MUP MUP CUP FInancIal ServIces Medical ServIces- NP MUP MUPI MUP MUPI MUP MUP P CUP doctor's oftIce PEe PEe MedIcal ServIces - NP MUP CUPI MUP MUP MUP MUP MUP CUP clinic, lab, urgent care PEe CUPI PEe Medical - hospital NP NP NP NP NP NP NP CUP NP OffIce - accessory MUP P MUP MUP PIPE P P P P e OffIce - govemment MUP CUP MUP MUP CUP CUP CUP MUP CUP OffIce - processing MUP CUP CUP MUP MUPI MUP CUP P NP PEe -------,---, -.-------..- Ord 557 Exhibit "C" Page 8 of 15 Allowed Land Permit Required By District Specific Use Uses and Permit All new commercial buildings or third-story components requite a CUP Standards Requirements LAND USE IMU TMU VCD VMU GMU FOMU HMU OMU' RcJ D- D-2.11 2.11 D-2.20 HCO D-2.4 0fIIc8 - professional MUP MUP MUP MUP MUPI MUP MUP P CUP PED Veterinary clinic. animal CUP CUP NP CUP CUP CUP CUP MUP CUP hosoItal B. SERVICES - GENERAL Adult day care - NP NP MUPI MUP MUPI MUP NP MUP NP 16.52.120 14 or fewer clients PED PED Adult day care - NP NP NP NP CUPI CUP NP CUP NP 16.52.120 15 or more clients PED Automotive and vehicle MUP MUP NP NP NP NP MUP NP NP 16.52.210 services - Major repair or body WOI1t Autanotlw and vehicle MUP MUP NP NP NP NP MUP NP NP 16.52.210 services - minor maintenance or repair tire services Catering services MUP MUP MUPI MUP MUPI MUP MUP MUP NP PED PED ChIld day care center - NP NP MUPI MUP MUPI MUP NP MUP MUP 14 or fewer PED PED ChIld day care center - NP NP MUPI MUP MUPI MUP NP CUP NP 16.52.120 15 or more PED PED IJrMt.Ivough services NP CUP NP CUP NP NP CUP CUP NP EquIpment 1'81"1181 MUP CUP NP CUP NP NP CUP CUP NP Kennel, animal CUP CUP NP CUP .NP NP CUP CUP NP 16.52.100 L.odgIng-Bed & NP MUP MUP MUP MUP MUP MUP MUP GYP 16.52.080 breakfast Inn NP LodgIng-HoteI or motel NP CUP CUP CUP CUP CUP CUP CUP NP See General Plan PoIIcv LU7..- ~tIonaI NP NP NP NP NP NP NP NP NP Veh1c:18 (RV) Pari< MaIntenance services- MUP MUP NP MUP NP MUP MUP MUP NP client site services Mortuary, funeral home CUP NP NP NP NP NP NP CUP NP Personal services NP MUP MUP MUP MUP MUP MUP MUP MUP Personal services- NP CUP NP NP NP NP CUP NP NP 16.52.030 Restricted Public safety facIUty MUP P MUPI P P P P P P PED Repair service- MUP MUP NP CUP CUP MUP MUP NP NP EquIpment, large etc. SocIal services NP CUP NP CUP CUP I MUP CUP MUP NP organIzallon PED TeIe-communIcatI CUP MUP NP CUP CUP CUP MUP CUP CUP facIItIes 'commercial) C. INDUSTRY, MANUFACTURING AND PROCESSING, WHOLESALING. STORAGE AgrIcultural produd CUP CUP NP CUP NP NP NP NP NP 16.52.095 Construction yard MUP NP NP NP NP MUP NP NP NP 16.52.095 ~'---" .-.-----------.... ---_._-. Ord 557 Exhibit "C" Page 9 of 15 Allowed Land Permit Required By District. Specific Use Use. and Permit All new commercial bulldlnga or thlrd..story components require a CUP Standard. Reaulrements LAND USE IMU TMU VCD VMU GMU FOMU HMU OMU1 Rc' D- D-2.11 2.11 D-2.20 HCO 0-2.4 Furniture and tbdur8s MUP NP NP NP NP MUP NP NP NP 16.52.095 manufacluring, cabinet shoo industrial research and CUP NP NP NP NP NP NP NP NP 16.52.095 t Labora\Iory - MedIcal, CUP CUP NP NP NP NP CUP MUP NP 16.52.095 analytical, research and t Manufacturing or MUP CUP NP NP NP NP CUP NP NP 16.52.095 - -Uaht Pr\nIIng and publishing MUP MUP NP NP CUP CUP MUP MUP NP 16.52.095 RecyclIng - scrap and CUP NP NP NP NP NP NP NP NP 16.52.095 RecyclIng - Small CUP MUP MUP MUP MUPI MUP MUP MUP MUP 16.52.095 coIIedIon facIIIly IPED PED Sbage - 0uIId00r MUP MUP NP NP NP NP NP NP NP 16.52.095 Storage (mInI- storage) MUP NP NP NP NP NP NP NP NP 16.52.095 WholesalIng and CUP CUP NP NP NP NP CUP NP NP 16.52.095 dlstrlbullon WInery CUP CUP NP NP NP NP CUP NP NP 16.52.095 D. RETAIL TRADE ~ retaltuses P P P P P P P P P Subject to BusIness Ucenae c:Iearance Adult busIneIs retail CUP NP NP NP NP NP NP NP NP Subject to SectIon 18.52.030 for location parameI8fs and development standards AIc:ohoIIc ~ NP CUP CUP CUP CUP CUP CUP CUP CUP ..... MIlan shop MUP MUP MUP MUP MUP MUP MUP MUP NP Auto, Y8hIcIe and heavy MUP MUP NP NP NP NP MUP NP NP 16.52.060 equipment sales & 16.52.070 rental Auto, vehicle paris MUP MUP NP NP NP NP MUP NP CUP S8Ies wi installation services BuIldIng and landscape MUP MUP CUP CUP MUPI MUP MUP NP MUP materiaIa saIes-Inc:\oor PED ConwnIence store CUP MUP MUP MUP MUP MUP MUP MUP MUP DrNe-through retail NP CUP NP NP NP NP CUP CUP NP Extended hour retail CUP MUP MUP MUP MUP MUP MUP MUP MUP Farm supply and feed MUP CUP NP CUP NP NP CUP NP CUP store Farmers market CUP MUP MUP MUP CUP CUP MUP CUP CUP Fuel dealer CUP CUP NP NP NP NP CUP NP NP (propane for home and farm use) Gas slatlon CUP CUP NP NP NP NP CUP NP NP 16.52.170 General rela1l-5,OOO sf NP MUP P P P P MUP MUP P Subject to Business or less LIcense dearance -- -...-. ~-_.._..__..._.".--_..,.- Ord 557 Exhibit "C" Page 10 of 15 Allowed Land Permit Required By District Specific Use Uses and Permit All new commercial buildings or thlrd-story components require a CUP Standards Reaulrements LANO USE IMU TMU VCO VMU GMU FOMU HMU OMU' Rc' 0- 0-2.11 2.11 0-2.20 HCO 0-2.4 General retail- NP CUP MUP CUP MUP MUP MUP CUP P 5001 to 19 999 sf General retail- NP MUP NP NP CUP CUP CUP NP P Note: Maximum 20, 000 sf to 102,500 sf Building Size perldlstrict and Section 16.52.220 Groceries, specialty NP MUP CUP CUP MUP MUP MUP CUP MUP foods.2O, 000 sf or less Groceries, specialty NP CUP NP NP MUP MUP MUP NP CUP Note: MaxImum foods 20,000 sf to BuIldIng Size 102,500 sf per/district and SectIon 16.52.220 Outdoor retail sales and MUP MUP MUP MUP NP CUP MUP NP CUP actMtIes MobIle home, boat, or MUP CUP NP NP NP NP CUP NP NP RV sales Produce stand MUP MUP MUP MUP MUP MUP MUP MUP NP ResIIurant, caf6. CUP MUP MUP MUP MUP MUP MUP MUP CUP 16.52.180 Colee shop LU7-4 ResIauIant, drive- NP CUP NP NP NP NP CUP NP NP 16.52.090 Ihrough fast food LU7 -4 Second hand sIDre NP NP MUP MUP MUP MUP MUP MUP NP ShoppIng center NP NP NP CUP CUP CUP NP NP CUP Warehouse retail CUP CUP NP NP NP CUP CUP NP CUP 16.52.160 E. Reaeatlon, Education & Public Assembly Uses Barltawmlnight dub CUP CUP CUP CUP CUP CUP CUP NP CUP Club, lodge, private NP MUP MUP CUP MUP/ MUP MUP CUP NP meeting hall PED CommercIal recreation CUP MUP CUP CUP CUP CUP MUP NP NP or sports facility - Indoor CommercIal recreation CUP CUP NP CUP NP CUP CUP NP NP or spor\s facility - Ouldoor ConvnunIty center NP CUP CUP CUP CUP CUP CUP CUP NP Conf8renceI NP CUP CUP NP CUP CUP CUP CUP CUP convention facility EquestrIan fac:IIIty CUP CUP NP NP NP NP CUP NP NP FItnessIheaIth facility NP CUP CUP PuP MUP MUP CUP CUP CUP library, museum . NP CUP MUP MUP MUP MUP MUP MUP NP Park, playground NP CUP CUP CUP CUP CUP CUP CUP NP ReligIous facility NP CUP CUP/ CUP CUP CUP CUP CUP NP PED IPED SchooI- Elementary, NP NP NP CUP NP NP NP CUP NP middle ' SchooI- SpecIalized MUP MUP CUP/ CUP CUP/ CUP MUP CUP NP educatlorv1rainlng PED PED -~---_._- ."----' --._--"._-- Ord 557 Exhibit "C" Page 11 of 15 Allowed Land Permit Required By District Specific Use U..s and Permit All new commercial buildings or thll'd-story components require a CUP Standards Requirements LAND USE IMU TMU VCD VMU GMU FOMU HMU OMU1 RCZ D- 0-2.11 2.11 0-2.20 HCO D-2.ot StudIo - art, dance NP MUP MUP ~P MUP MUP MUP MUP NP martial aria music etc. Theater. auditorium NP NP CUP CUP CUP CUP NP CUP CUP F. Residential Uses AssIsted UvIng NP NP CUP CUP CUPI CUP I NP CUP NP PED PED Home occupation NP MUP P P P P MUP P NP 16.16.090 Uve/wort( unit MUP CUP CUP CUP MUP MUP CUP MUP NP Includes caretakers unlls. Prohibited in conjunction with restricted personal services and vehicle maintenance/repair. Use established in new or commercial buildinas must como! with UBC occuoancv seoaratlon Is. MuItI-famIIy housing not NP NP NP PUP CUP I CUPI CUP (on CUP NP MInimum density located within a mixed PED PED Iols > (on (75% of total density use project 20,000 lots > allowed by district) sq. ft. 20,000 required by Housing sa. tl\ Element Is not MuIti-famIty housing In a NP NP MUPI MUP CUPI CUP I NP CUP NP required on lots mixed use project PED PED PED fronting E. Grand Ave., E. Branch S\reet or in HMU or IMU dIstrIcIs. Relidential care facility. NP NP MUPI MUP MUPI MUP NP MUP NP 6 or .... clients PED PED ResIdential care f8cIIIty. NP NP CUPI CUP CUPIP CUPI NP CUP NP 7 or men clients PED ED PED SIngle family residential NP NP NP MUP NP NP NP NP NP within a mixed use DI'Di8ct 1 Requirements of this section supercede corresponding requirements in the PD 1.1 district. 2 Requirements of this section supercede corresponding requirements in the PD 1.1 and PD 1.2 district. ChaDter 16.52.095 Industrial Uses - Site DeveloDment Standards A. Special Site Development Standards~ 1. Where off-street parking areas are situated such that they are visible from any street, a wall, berm, or combination wall/berm three feet in height shall be erected between the required landscape area and the parking area to adequately screen the parking areas. 2. 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. Where off-street parking is located within such building setback areas, a minimum landscaping area of ten (10) feet in depth shall be provided between the property line and off-street parking area, with an additional minimum landscape area of ten (10) feet in depth between parking areas and buildings. 3. Except as otherwise permitted, a street side building setback area shall be used only for landscaping, pedestrian walkways, driveways, or off-street parking. 4. 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. -----.--^.- '-''''--''" Ord 557 Exhibit "C'" Page 12 of 15 B. Special Regulations for Recycling Facilities. Recycling facilities allowed within the industrial district shall include large collection facilities and processing facilities as defined in Section 16.52.140, and shall be subject to the following standards. 1. Large Collection Facilities. a. Facility does not abut a property zoned or planned for residential use; b. Facility will be screened from the public right-of-way by operating in an enclosed building or; i. Within an area enclosed by a solid masonry wall at least six feet in height and screened with landscaping, ii. At least one hundred fifty (150) feet from property zoned or planned for residential use, and iii. Meets all applicable noise standards in this title; c. All exterior storage of material shall be in sturdy containers which are covered, secured and maintained in good condition. Storage containers for flammable material shall be constructed of nonflammable material. No storage excluding truck trailers and overseas container, will be visible above the height of the fencing; d. Site shall be maintained free of litter and any other undesirable materials, and will be cleaned of loose debris on a daily basis; e. Space will be provided on site for six vehicles (or the anticipated peak customer load, whichever is higher) to circulate and to deposit recyclable materials; f. One parking space will be provided for each commercial vehicle operated by the recycling facility. Parking requirements will otherwise be mandated by Chapter 16.56; g. Facilities shall be designed such that noise levels will not exceed fifty-five (55) dBA as measured at the property line of residentially zoned or occupied property, or otherwise shall not exceed seventy (70) dBA. CertifICation of such design will be required at the time of project approval; h. If the facility is located within five hundred (500) feet of property zoned, planned or occupied for residential use, it shall not be in operation between seven p.m. and seven a.m.; i. Any containers provided for after-hours donation of recyclable materials will be at least fifty (50) feet from any property zoned or occupied for residential use, shall be of sturdy, rustproof construction and sufficient capacity to accommodate materials collected, and shall be secure from unauthorized entry or removal of materials. Containers shall be at least ten (10) feet from any building; j. Donation areas will be kept free of litter and any other undesirable material and the containers will be clearly marked to identify the type of material that may be deposited, and the facility shall display a notice stating that no material shall be left outside the recycling containers; k. Sign requirements shall be in accordance with the provisions of Chapter 16.60 of this title. In addition, the facility will be clearly marked with the name and phone number of the facility operator and the hours of operation; 1. Power-driven processing, including aluminum foil and can compacting, baling, plastic shredding, or other light processing activities necessary for efficient temporary storage and shipment of material, may be approved through the conditional use permit. 2. Processing Facilities. a. Facility does not abut a property zoned or planned for residential use; b. Processing. facility will be screened from the public right-of-way by operating in a wholly enclosed building (except for incidental storage), or: i. Within an area enclosed on all sides by an opaque wall not less than eight feet in height and landscaped on all street frontages, __"_~"_____'W_~___.._.....___________ .~--- -----..--....-..-.,.----. ..- --------- Ord 557 Exhibit "C" Page 13 of 15 ii. located at least one hundred fifty (150) feet from property zoned or planned for residential use; c. Power-driven processing shall be permitted, provided all noise level requirements are met. Light processing facilities are limited to baling, briquetting, crushing, compacting, grinding, shredding and sorting of source-separated recyclable materials and repairing of reusable materials; d. A light processing facility shall be no larger than forty-five thousand (45,000) square feet and shall have no more than an average of two outbound truck shipments of material per day and may not shred, compact or bale ferrous metals other than food and beverage containers; e. All exterior storage of material shall be in sturdy containers or enclosures which are covered, secured and maintained in good condition. Storage containers for flammable material shall be constructed of nonflammable material. No storage excluding truck trailers and overseas containers, will be visible above the height of the fencing; f. Site shall be maintained free of litter and any other undesirable materials, and will be cleaned of loose debris on a. daily basis and will be secured from unauthorized entry and removal of materials when attendants are not present; g. Space shall be provided on site for the anticipated peak load of customers to circulate, park and deposit recyclable materials. If the facility is open to the public, space will be provided. for a minimum of ten (10) customers; h. One parking space will be provided for each commercial vehicle operated by the processing center. Parking requirements will otherwise be as mandated by Chapter 16.52 of this title; i. Noise levels shall not exceed sixty (60) dBA as measured at the property line of residentially zoned or occupied property, or otherwise shall not exceed seventy (70) dBA. Certification of such design will be required at the time of project approval; j. If the facility is located within five hundred (500) feet of property zoned or planned for residential use, it shall not be in operation between seven p.m. and seven a.m. The facility will be administered by on-site personnel during the hours the facility is open; k. Any containers provided for after-hours donation of recyclable materials will be at least fifty (SO) feet from any property zoned or occupied for residential use; shall be of sturdy, rustproof construction and sufficient capacity to accommodate materials collected, and shall be secure from unauthorized entry or removal of materials; I. Donation areas shall be kept free of litter and any other undesirable material. The containers shall be clearly marked to identify the type of material that may be deposited. Facility shall display a notice stating that no material shall be left outside the recycling containers; m. Sign requirements shall be in accord with the provisions of Chapter 16.60 of this title. In addition, the facility will be clearly marked with the name and phone number of the facility operator and the hours of operation; n. No dust, fumes, smoke, vibration or odor above may be detectable on neighboring properties. 16.56.020 Applicability. ----.._---------- Ord 557 Exhibit "C. P8ge 14 of 15 B. Village Parking and Business Improvement District. For the area within the boundaries of the parking and business improvement area for the village, off-street parking facilities or the payment of in-lieu fees, as established by resolution, shall be provided as follows: 1. Outdoor dining areas, limited to twenty-five (25) percent or less of the total gross square footage of the enclosed area of the use, shall be exduded from the requirements to provide off-street parking facilities or to pay in-lieu fees. For the purposes of caIcuI8ting off-street parking requirements, outdoor dining area must be non-air-conditioned or heated and without wall enclosures. Any outdoor dining area in excess of twenty-five (25) percent of the total gross square footage of the enclosed area of the use shall be required to provide only the additional number of parking spaces for the incremental square footage over the twenty-five (25) percent. 2. Existing buildings that are remodeled or enlarged shall not be required to provide parking if the increase in the square footage is less than 300 sq. ft. If the addition is gl'88ter than this amount, or if it is the construction of a new building, off-street parking shaH be required consistent with the following: a. Off-street parking facilities consistent with requirements of Section 16.56.060; or b. Payment of an in-lieu fee based on the totaJ number of parking spaces required by Section 16.56.060; c. A combination of off-street parking facilities and payment of an in-lieu fee may be permitted. , 16.58.050 Common Parking Facilities. Common parking facilities may be provided in lieu of individual requirements if the total number of parking spaces is the sum of the requirements for individual uses and the parking facilities are located within five hundred (500) feet of the associated use. 1. The total parking requirement may be reduced to eighty (80) percent of the requirad standard for shared uses; or seventy (70) percent of the required standard for shar8d usesJf a parking study, prepared by a licensed engineer or architect, can clearly show that the shared uses have different hours of operation and would not conflict in their time of use. A conditional use permit shall be required to be reviewed and approved by the planning commission for such a reduction. 2. As a condition of allowing common parking facilities, parties using common parking facilities shall provide evidence of such joint use by a proper legal agreement approwcI by the city attorney. Such agreements when approved shall be filed with the planning and building departments and recorded with the county recorder. 16.58.060 Off-street Parking Requirements by Land Use. The following off-street parking. requirements shall appfy to all buildings erected and new or expanded uses. Where the total requirements result in a fractional number, a fraction of 0.5 or greater shall be rounded to the higher whole number. For any use not specifically set forth in this section, the planning commission shall determine the amount of required parking based upon similar uses, or evidence of actual demand based on traffic engineering or planning data. The applicant shall provide the necessary data and background information. 1. RESIDENTIAL USES a. 2 unit within an enclosed 2 speces per unit within an enclosed gar&g8 Md 0.5 unit for viIitor b. Duplexes 2 space per unit within an encIo8ed garage and 1 uncxwered unit c. Second residential units 1 uncovered r unit - --------- ------- .._--~--_._- _.._~_._-_._--- Ord 557 Exhibit "C. Page 15 of 15 d. Townhouse and condominiums (Attached OwnershiD units) RESIDENT AND VISITOR PARKING: Studio 1 unit within an enclosed aaraae 1 bedroom 1 space per Unit within an encIo88d grnge and .5 uncovered spaces per unit for deveIopmenIsover four units 2+ bedrooms 2 spaces per W\It within en encIoIed U8I'III8 end 0.5 uncovered mace D8f unit for over tow units e. Apartments and multifamily dwellings 'rental unIts\ RESIDENT PARKING: StudIo 1 covered unit 1 bedroom 1 covered space per unit and 0.5 uncovered space per unit for over foil" unIIs 2+ bedrooms 2 covered spacee per unit and .5 unit for deveIopmeIdB over four units f. Senior - tlMna RESIDENT PARKING: StudIo 1 covered unit 1+ bedrooms 1 covered unit g. SenIor housing - assisted living 1 uncovered space per 3. beds and 1 space per employee on the Iaraest work shift h. MobIIehomeoarks 2.5 uncovered SD8C88 oer unit I. Large family day care facilities 1 uncovered space per staff person other tIwI the homeowner In addition to the required perking for the residential OFFICIAL CERTIFICATION I, KELL Y WETMORE, Director of Administrative Services/Deputy City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of Cali fomi a, do hereby certify under penalty of pe~ury, that the attached is a true, full, and correct copy of Ordinance No. 557 which was introduced at a regular meeting of the City Council on October 12, 2004; was passed and adopted at a regular meeting of the City Council of the City of Arroyo Grande on the 26th day of October, 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 28th day of October, 2004. ,/ A C7 . {t(7 iLL I . RE, DIRECTOR OF ADMINISTRATIVE SERVICESI DEPUTY CITY CLERK ~,_.._-- --------..'--