O 612 ORDINANCE NO. 612
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE AMENDING MUNICIPAL CODE TABLE 16.36.030(A)
REGARDING USES PERMITTED IN THE REGIONAL COMMERCIAL
ZONING DISTRICT AND CHANGING THE ZONING FOR FOUR
ADDITIONAL PROPERTIES (DEVELOPMENT CODE AMENDMENT 09-
001), INITIATED BY THE CITY OF ARROYO GRANDE
WHEREAS, the City Council of Arroyo Grande adopted the updated General Plan, which
became effective on October 9, 2001, and which includes the Housing Element adopted
in 2003 and updated on March 8, 2005; 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 there are
underutilized lands under City, County and private ownership that if re- designated and
rezoned could result in infill, affordable and other housing opportunities and still
maintain adequate land for Public Facilities; and
WHEREAS, on March 3, 2009, the City Planning Commission initiated Pre -zone,
Annexation, Sphere of Influence Amendment, General Plan Amendment and
Development Code Amendment 09 -001; and
WHEREAS, the Planning Commission conducted public hearings on GPA/DCA Case
No. 09 -001, including revisions on April 7 and continued to May 5, July 7, July 21,
August 18 and September 1, 2009; and
WHEREAS, on May 26, 2009 the City Council approved a Memorandum of
Understanding with the County of San Luis Obispo to acquire property for a new Police
Station and to sell property to generate funding for the Recreation Center project,
contingent upon consideration of the subject General Plan and Development Code
amendments and associated tentative maps; and
WHEREAS, on July 7, 2009 the Planning Commission determined that there are
additional clean up amendments necessary for enhanced flexibility to allow retail and
recreation uses in the Regional Commercial District, including drive through restaurants;
and
WHEREAS, the Community Development Department has conducted CEQA initial
studies and concluded that environmental impacts associated with the project will be
mitigated to a less than significant level, as outlined in the Mitigated Negative
Declaration dated and recirculated July 1, 2009 adopted current to this ordinance by
Resolution No. 4128 (General Plan Amendment Case No. 09 -001); and
WHEREAS, the Planning Commission, after public hearing, consideration of the draft
Mitigated Negative Declaration, all testimony and evidence presented, finds the
ORDINANCE NO. 612
PAGE 2
Mitigated Negative Declaration appropriate and adequate pursuant to State and local
CEQA laws and guidelines; and
WHEREAS, on September 15, 2009,the Planning Commission, after public hearings on
April 7, July 7, July 21, August 18, and September 1, 2009, consideration of the staff
report, all testimony and evidence presented finds the proposed zoning map changes
as shown in Exhibit A to be appropriate and consistent with the intent of 2001 General
Plan Update adopted policies, specifically those policies in the Housing Element and
Land Use Element; and excepting therefrom changes proposed for Subarea 2, Hillcrest
Reservoir 2 vicinity and recommended that the City Council approve DCA 09 -001;
and
WHEREAS, the City Council on September 22, 2009 conducted public hearings on the
GPA/DCA recommendations of the Planning Commission and after consideration of the
staff reports, draft Initial Study and Mitigation Negative Declaration and finds after due
study, deliberation and hearing the following circumstances exist and that the following
Development Code Amendment findings can be made in an affirmative manner:
A. The proposed zoning changes and revisions to Title 16 will satisfy Objective LU3
of the Land Use Element of the General Plan, which requires the City to
"Accommodate a broad range of Multiple Family Residential and special needs
housing types and densities within the City"; and including LU11 -1.4 to "restrict
new urban single family, multiple family and mobile home uses to infill areas
adjacent to existing developments of similar density"; and other policies under
objectives LU3; LU9 to "Provide for appropriate maintenance, development and
placement of Community Facilities relative to existing and planned land uses
Utilization of Conservation /Open Space designations consistent with LU10, to
"Promote a pattern of land use that protects the integrity of existing land uses,
area resources and infrastructure and involves logical jurisdictional boundaries
with adjacent communities and the County" consistent with LU11; and
consistency with economic development goals as specified in the Economic
Development Element as related to allowed uses in the Regional Commercial
District, specifically ED4 and ED5, and are therefore desirable to implement the
provisions of the General Plan.
B. The proposed zoning changes and revisions to Title 16 provide adequate
opportunities for needed Public Facilities and more opportunities for residential
use, and will not adversely affect the public health, safety, and welfare or result
in an illogical land use pattern and the proposed revisions to Title 16 will increase
both Multiple Family Residential and Single Family Residential opportunities for a
broad range of housing types and densities consistent with Land Use Element
and Housing Element policies, including LU3, LU4, LU11 -14.
C. The proposed zoning changes and revisions to Title 16 satisfy Section 16.36.010
of the Development Code, which states "It is the purpose of this chapter to
ORDINANCE NO. 612
PAGE 3
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" and the proposed changes, although reducing land use designated
for Public Facilities provides adequate area to provide for appropriate
maintenance, development, and placement of Community Facilities relative to
existing and planned land uses consistent with Land Use Element policy LU9, and
will not adversely affect the public health safety and welfare or result in an illogical
land use pattern.
D. The proposed changes of zones and revisions to Title 16 are within the scope of
the Program EIR prepared for the 2001 General Plan Update and a draft Initial
Study and Mitigated Negative Declaration has been prepared in accordance with
CEQA.
E. The proposed changes of zones and revisions to Title 16 are necessary to
maintain consistency with the General Plan as amended by proposals of
GPA/DCA Case No. 09 -001.
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 Table 16.36.030(A) uses. Uses permitted
within Mixed Use and Commercial Districts are hereby revised for the Regional
Commercial (RC) district only, as specifically set forth in "Exhibit A" attached hereto and
made a part thereof.
Section 3: The boundaries of the zoning districts established pursuant to Section
16.24.010 are hereby revised as outlined below (for five (5) of the seven (7) Subareas
considered by GPA/DCA 09 -001); and as more specifically set forth below and
illustrated on the map labeled "Exhibit B attached hereto and made a part hereof.
1) Subarea 3, South Halcyon Mobile Home Parks near The Pike: Remove
from City's Urban Reserve and Sphere of Influence boundaries.
2) Subarea 4, City's Recreation Center site east of Old Ranch Road and
West Branch Street area: Rezone northeast 1.0 acre portion from Public
Facility, PF, to Single Family, SF, Residential District as shown on Map
Exhibit 'B'.
3) Subarea 5, South County Regional Center area near West Branch
Street/Rodeo Drive and Mercedes Drive area: Rezone 1.0 acre portion
from Public Facility, PF, to Residential Suburban, RS, District and
Rezone 2.0 acre portion triangular frontage on Rodeo Drive from Public
Facility, PF, to Multiple Family, MF, Residential District as shown on Map
Exhibit 'B'.
4) Subarea 6, South Court land /Poplar Street Ponding Basin: Rezone from
ORDINANCE NO. 612
PAGE 4
Gateway Mixed Use, GMU to Public Facility, PF, as shown on Map
Exhibit 'B'.
5) Subarea 7, City Hall Complex near East Branch Street near Short and
Mason Streets: Rezone southeast corner of Short and East Branch
Streets from Public Facility, PF, to Village Core Downtown, VCD, and
rezone southeast corner of Mason and E. Branch Streets from Village
Core Downtown, VCD to Public Facility, PF, a shown on Map Exhibit 'B'.
Section 5: If any section, subsection, sentence, clause, or phrase of this Ordinance is
for any reason held to be invalid or unconstitutional by a decision of any court of
competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this Ordinance. The City Council hereby declares that it would have passed
this Ordinance and each and every section, subsection, sentence, clause, or phrase not
declared invalid or unconstitutional without regard to whether any portion of the
ordinance would be subsequently declared invalid or unconstitutional.
Section 6: Upon adoption of the Ordinance, the City Clerk shall file a Notice of
Determination pursuant to CEQA.
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 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 City Clerk shall post a certified copy of the full text of such adopted Ordinance.
Section 8: This Ordinance shall take effect and be in full force and effect thirty days
after its passage.
On motion by Council Member Fellows, seconded by Council Member Arnold, and by the
following roll call vote, to wit:
AYES: Council Members Fellows, Arnold, Guthrie, Costello, and Mayor Ferrara
NOES: None
ABSENT: None
the foregoing Ordinance was adopted this 13 day of October 2009.
ORDINANCE NO. 612
PAGE 5
TONY ARA,MAYOR
ATTEST: WibSts
KELLY HIRE, CITY CLERK
APPROVED AS TO CONTENT:
S V N ADA , CITY MANAGER
APPROVED AS TO FORM:
TIMOT J. CARMEL, CIQORNEY
U
GENERAL PLAN AMENDMENT 09 -001
ORDINANCE EXHIBIT "A"
Table 16.36.030(A)
Uses Permitted Within Mixed Use and Commercial Districts
(Note to Codifier: amendments to "RC" column only)
'I U = Industrial Mixed Use District (El FOMU = Fair Oaks Mixed Use District
Camino) 1
1 = Traffic Way 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 IMUP = Minor Use Permit
CUP = Conditional Use Permit (NOTE: PED = Not permitted in pedestrian oriented
storefront locations on ground floor facing E.
Grand Avenue,_eF- EasUWest Branch Street or
,prime retail space within shopping centers
NP = Not Permitted
Permit Required By District
All new commercial buildings or third -story components require a CUP
RC' Specific Use
Standards and
other references
A. SERVICES — BUSINESS, r
FINANCIAL, PROFESSIONAL
ATM (P
!Bank Financial Services CUP
,Medical Services -- doctor's office 'CUP
Medical Services -- clinic, lab, urgent CUP
are
Medical - hospital iNP
(Office -- accessory ;P
!Office government CUP
Office -- processing iNP
;Office -- professional (
(Veterinary clinic, animal hospital ,CUP
B. SERVICES -- GENERAL
Adult day care -- 14 or fewer clients NP ;16.52.120
Adult day care -- 15 or more clients NP ;16.52.120
Automotive and vehicle services -- [ NP [16 52.210
(Major repair or body work
Automotive and vehicle services -- NP 1652.210
[minor maintenance or repair
including tire services
Catering services NP
[Child day care center -- 14 or fewer 1 MUP
[Child day care center -- 15 or more 1NP :16.52.120
Drive- through services ;CUP
Equipment rental 1NP
[Kennel, animal boarding 1NP ;16.52.100
,Lodging -Bed & breakfast inn 'CUP !16.52 080
.Lodging -Hotel or motel i■P See General Plan
,Policy LU7-4
Lodging- Recreational Vehicle (RV) [NP
Park
Maintenance services - client site NP
services
;Mortuary, funeral home NP
Personal services IMUP
Personal services- Restricted iNP [16.52 030
Public safety facility r P
Repair service - Equipment, large NP
appliances, etc.
Social services organization NP
Tele- communication facilities CUP
(commercial)
C INDUSTRY, MANUFACTURING
AND PROCESSING,
(,WHOLESALING, STORAGE
Agricultural product 'NP [16.52.095
,processing
'Construction yard INP 116.52 .095
,Drive -thru services ,CUP
!Furniture and fixtures NP [16.52.095
'manufacturing, cabinet shop
Industrial research and NP '16.52 095
development
Laboratory — Medical, S NP 1 16.52.095
analytical, research and
,development
Manufacturing or Processing !NP [16.52 095
— Light
;Printing and publishing INP 16.52.095
- -- - - - - -- -- - - - - --
1Recycling — scrap and 1NP '16.52.095
dismantling yard
'Recycling — Small collection IMUP '16.52 095
facility
;Storage — Outdoor 'NP .16.52.095
Storage (mini — storage) [ NP 16.52.095
,Wholesaling and distribution 1NP 116.52.095
Winery !NP '16.52.095
ID. RETAIL TRADE
Accessory retail uses IP 'Subject to
Business
(License
clearance
Adult business [NP [Subject to
Section
16.52.030 for
(location
:parameters
and
• development
;standards
Alcoholic beverage sales CUP
Artisan shop NR
(CUP/
jPED
'Auto, vehicle and heavy NP '16.52.060
:equipment sales & rental 116.52.070
rAuto, vehicle parts sales w/ CUP
:installation services
Auto, vehicle parts sales !CUP IPED =Use
without installation services not allowed
within 200
feet of E.
Grand
'Avenue
;Frontage
Building and landscape (MUP
materials sales - indoor
Convenience store rM UP
Drive-through retail NR 16.52.090
(CUP ILU7 -4
:Extended hour retail IMUP
supply a
(Farm su I and feed store [CUP
Farmers market (CUP I
Formula Business 'Permit required as
identified by
underlying land use
;Fuel dealer (propane for NP
home and farm use)
,Gas station INP 16.52.170
',General retail -5,000 sf or less P 'Section 8.38
1 P-Subject to
'Business
License
clearance
'General retail - 5,001 to P :Section 8.38
19,999 sf P- Subject to
Business
License
,clearance
General retail - 20, 000 sf to P 'Note:
102,500 sf 'Maximum
,Building Size
jper /district,
!Section
116.52 220
and Section
8.38
General Retail— Restricted NP Subject to
,Section
1 16.52.030 for
'location
'parameters
and
'development
standards
'Groceries, specialty foods -20, RIUP
1000 sf or less
Groceries, specialty foods 'CUP dote:
20,000 sf to 102,500 sf 'Maximum
1 1 Building Size
'per /district
and Section
116.52.220
Outdoor retail sales and CUP 16 52.220
activities
,Mobile home, boat, or RV NP
:sales
Produce stand NR
CUP
'Restaurant, cafe. Coffee shop 'CUP '16.52.180
LU7-4
Second hand store NP
!Shopping center !CUP
Warehouse retail !CUP 16.52.160 •
IE. RECREATION,
EDUCATION & PUBLIC
,ASSEMBLY USES
jBar /tavern /night club CUP
'Club, lodge, private meeting 'NP
shall
Commercial recreation or NR
!sports facility — Indoor CUP/
PED
:Commercial recreation or !NP
(sports facility — Outdoor
,Community center ;NP
(Conference /convention facility UP
!Equestrian facility [NP
Fitness /health facility ! CUP
!Library, museum [NP
!Park, playground iNP
Religious facility !NP
!School — Elementary, middle, 'NP
!secondary
School — Specialized [ NP
!education /training
Studio — art, dance martial NR
arts, music, etc. MUP/
PED !
Theater, auditorium !CUP
r. RESIDENTIAL USES —
!Assisted Living [NP
-----
Home occupation !NP 1616.090
!Multi- family housing not located !NP Minimum density
!within a mixed use project (75% of total
density allowed by !,
district) required by
Housing Element is
not required on lots
fronting E. Grand
Ave., E. Branch
!Street or in HMU or
IIMU districts.
,Multi- family housing in a mixed use !NP [Minimum density
project ! (75% of total
density allowed by
district) required by
Housing Element is
not required on lots
;fronting E. Grand
Ave., E. Branch
Street or in HMU or •
IIMU districts.
;Residential care facility, 6 or less NP
'clients
;Residential care facility, 7 or more NP
;;clients
Single family residential within a [NP
mixed use project
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 district and PD
1.2 district.
Zoning Map Updates EXHIBITS
1
4 Subarea 3: remove from
l
a. sx Sphere of Influence
., a
THIS SPACE �� 1;?sluf ' . !� 11 r II
INTENTIONALLY `'-. 1 ,l Ilii 1 iti�', II =, k;
LEFT BLANK d4 11• {.� -��iIIII ' _ f i
, re E .
wvs
ii ,4) * f .: a
1
r 3 rd'* . `
-
• , � 1r
.. Agriculture I Planned Development N o o '- i
- Agriculture Preserve O Gateway Mixed -Use PF �‘ '
• I I Residential Estate _ Fair Oaks Mixed -Useti. � �
I I Residential Hillside - Highway Mixed -Use ` - - ! , . "' .- ry a " a
I I Residential Rural - Village Mixed Use ' ._Y
I I Residential Suburban .1111 Vllage Core Downtown r'- .: i _y 4 , ,
�
;
I Single Family 1111 Traffic Way Mixed -Use . % r : „ y * r .
® Village Residential - Industrial Mixed -Use • ,1: - i . `' ' 0, 1 ( Multi - Family 1 1 Office Mixed -Use • .
® Multi-Family Apartment 11111 Regional Commercial ' , Subareas 4 & 5: from Public Facility (PF) : -
- Mobile Home Park I I Public Facility to Multi- Family (MF) and from Public
En Multi Family Very High Density % Facility (PF) to Single- Family (SF)
t `.'Nts`. -_.- ,.> rte474` -
- . . . . . . . - . . . - ‘ 2 . ' ` , 7 ' . - : - . . - .
Subarea 6: from Gateway Mixed- Subarea 7: from Village Core Downtown (VCD)
• Use (GMU) to Public Facility (PF) Public Facility (PF) and from Public Facility (PF) to
ill Village Core Downtown (VCD)
' €,. s : , Mil - � � Vie .,.
n ,,, vi. .‘,, .....0. •
. k• .:,_ , . , or" - =,,N ..:
s1 '. } o GMU i r � • . _ r
co ., ,_ .. , • N ik.
y . =! . - . - TR - S ER YAV ... --_' l - .• /r • - •
Current Zoning (if any) Shown in Italics. Proposed Zoning Shown in Color
OFFICIAL CERTIFICATION
I, KELLY WETMORE, 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. 612 which was
introduced at a regular meeting of the City Council /Redevelopment Agency on
September 22, 2009; was passed and adopted at a regular meeting of the City
Council of the City of Arroyo Grande on the 13 day of October 2009; 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 14
day of October 2009.
en./ �.1u.. J
KELLY 5, ORE, CITY CLERK