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O 217 , . - ORDINANCE NO. 217 AN ORDINANCE OF THE CITY OF ARROYO GRANDE AMENOING ORDINANCE NO. 157, THE ZONING ORDINANCE OF THE CITY OF ARROYO GRANDE BY ADDING TO SAID ORDINANCE A NEW SECTION ESTABLISHING A PLANNED UNIT DEVELOPMENT OR "PD" DISTRICT The City Council of the City of Arroyo Grande does ordain as follows: Ord i nance No. 157 of the City of Arroyo Grande entitled "The Zoning Ord- inance of the City of Arroyo Grande" is herewith amended by adding a new sect ion, PLANNED UN IT DEVELOPMENT OR "PD" D?STR I CT, as fo !lows; PURPOSE: Where a spec'di design for Land Use makes it desirable to apply regulations more flexible than those contained elsewhere in the Ordinance, a Planning Unit Development or "PD" District may be establ ished. The purpose of such a district is to grant or require diversification in the location of struc- tures and other site elements which would be appropriately compatible, while insuring adequate standards relating to public health, safety, welfare, comfort and convenience. "PD" Districts may be establ ished in any area suitable for and of sufficient size to contain a planned development provided that no su:h dev- elopment be permitted on less than Ten (10) acres initially, and further pro- vided that areas contiguous to an approved "PD" District may be added to such district in increments of one acre or more. SECTI ON I. PERMISSIVE SINGLE FAMILY USES A. Uses Permitted Single family residential, parks and playgrounds (public) w. Uses permitted Subject to Obtaining a Use Permit Single family development on less than 10,000 square feet. Churches C. Accessory Buildings and Uses Permitted I. Accessory buildings and uses permitted shall be constructed with or subsequent to the construction of the main building. 2. Accessory buildings such as garages, guest houses, cabanas, shall be subject to lot coverage requirements as set forth in Section I, Paragraph F. D. Maximum Allowable Height The maximum building or structural height, two stories or 30 feet, but In no case, shall any structure be of such height or location as to obscure any view due to elevation differential of building sites. Accessory buildings shall not exceed one story in Height or 15 feet. E. Minimum Buildinq Site and Lot Width Required Single family development, 10,000 square feet, lot frontage 100 feet. -.,. ,:"."m Buildln9 Site Coverage by Bulldinqs or Structures 'liaximum coverage of a building site by all structures including ccessory bu i I dings, but not i nc 1 ud i ng uncovered pat i os or swlmm I ng pools, shall not exceed forty (40) percent. G. Minimum Yards Required I. Front and rear yards: Twenty foot minimum in each case -- .---- . . - 2. Side Yards: Ten (10) feet on street side of a corner lot, except no accessory building shall be closer than 18 feet to said street; aggregate of 15 feet for both side yards on interior lot lines, and one side yard a minimum of 8 feet shall be required on each building site, but in no case shall any interior side yard be less than five feet. H. Fences and Walls Same regulations as in Section 2, Paragraph H I. Minimum Off-Streec ?arkinq Required ~dm0 regulations a. ;11 S,"ction 2., Paragraph] J. ,let i 1 it i es Samd regulations as in Section 2., Paragraph J SECTION 2. PLANNED DEVELOPMENTS A. Initiation of Zoninq Districts Initiation of a change of Zoning District to Planned Unit Development or "PD" District shall be in accordance with the provisions of Section Nine (9) of this Ordinance. General Development Plans shall be re- quired of the developer as a part of any application to change zoning to "PD" District. Specific Development Plans shall be submitted and approved as required herein before any development shall take place in any area designated as a "PD" District. prel iminary plans consIst- Iilgof. sketchs, renderings and general layout may be presented to the Planning Commission for their approval and consideration prior to the submission of Specific Development Plans. B. Development Plans Applicant must be the property owner of record, purchaser in escrow or the owner's authorized representative with written consent of owner. Specific Development Plans shall be presented, considered and approved in the manner prescribed in Section 7.2 of Ordinance No. 157 for Use permits except as otherwise provided. If a standard subdivision pro- cedure is required, Development Plans and Subdivision shall be submitt- ed simultaneously. Development Plans shall include any or all of the following Items where applicable: l. The total development plan showing the dimensions and locations of proposed structures, buildings, streets, parking, yards, play- grounds, school sites, recreation areas, open spaces and other public or private facilities. Said development plan shall be in general conformity with, or In excess of, minimum requirements set forth in other sections 'of this Ordinance with relation to land uses corresponding with land uses proposed, density trans- fers are permitted subject to Planning Commission approval. Such plim shall include detailed statement of all uses proposed to be establ ished, indicate the areas to be occupied by each use, and :he resultant population densities and building intensities. ,'urther, said statement shall include proposed disposition and ~Se of all areas indicated by the plan as cammon area, open space, recreation or park areas, school sites and such other private or public facilities. 2. Detailed engineering site plans including proposed finished grades and drainag~facilitles proposed. 3. Landscaping plans in detail, excepting typical single family, lot residential areas of 10,000 square feet or over. Street Tree planting requirements of the City may be waived providing the development plan/or covenents provide adequate alternatives to the satisfaction of the Planning Commission. -2- ---~--_.. .---- , . ---. - 4. Architectural drawings demonstrating the design and character of the proposed structures, buildings, uses and facilities and the phys ical relationship of all elements. 5. Detailed engineering plans for the provisions of publ ic util ities for the development, including, but not limited to, water, sewer, drainage, street lighting and fire hydrants. 6. Other pertinent information as may be deemed necessary by the Planning Commission to determine that the contemplated arrange- ment or use/s make it desirable to apply regulations and require- ~ents differ; ,g from those ordinarily applicable under this Ord- Inance. . A development c."eduie indicating the time when commencement and completion of cor;struCL .m will occur under approved development plan. 8. A statement requesting any modification of regulations and re- quirements differing from those ordinarily applicable under this Ordinance. C. Uses Permitted 1. Duplex, multiple residential structures including cluster, con- dominium, townhouse and similiar concepts. 2. Commercial, commercial residential uses compatible to the total development plan, including but not limited to restaUrants, specialty shops, motels and convention facilities. 3. Accessory buildings and uses as shown on the development plan, shall be constructed with or subsequent to the construction of the main building. 4. Accessory buildings such as garages, guest houses, cabanas, shall be subject to lot coverage requirements. See Paragraph E below. D. Maximum Allowable Heiqht The maximum building or structural height of all structures shall be as shown on the development plans for the "PD" District, or recommend- ed by the Planning Commission, but in no case, shall any structure be of such height or location as to obscure any view due to elevation differential of building sites. Accessory buildings shall not exceed one story in height or 15 feet. E. Minimum Building Site and Lot Width Required 1. Minimum building site and minimum lot width for any permitted use other than single family residences (Section I) shall be as shown on the development plan, or shall conform to minimum re- quirements as set forth in other sections of the Zoning Ordin- ance of the City of Arroyo Grande with relation to land use. 0 ~;nimum lot sizes may be reduced by two thirds (2/3) providing ~e area of reduction is devoted to common area, open space, ,reen belt or other recreational uses. ~ Aimum Buildinq Site Coverage by Buildings or Structures I. The maximum coverage of a building site by all structures includ- ing accessory buildings, but not including uncovered patios or swimming pools, shall not exceed thirty (30) percent for the "PD" District, or as shown on the development plan. 2. Where lot sizes have been reduced as provided for in Section 2, Paragraph D, 2, the maximum building coverage may be increased directly in ratio to the reduction in lot size. . -, G. 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 require- ment shall conform to minimum requirements as set forth in other sec~. tions of this Ordinance with relation to land use or the Zoning Ord- i nance. H. Fences, Walls and Access Fences and walls may be shown on the development plan and approved, or required by th" Planning Commission. If such fences and walls are not shown, the following shall control their use: . Fences, hedges and wall not to exceed six (6) feet in height may occupy any side or rear yard, provided; 2. That such does 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 a street. Such fences, hedges and walls shall not exceed thirty six (36) inches in height in aforementioned required setbacks. 3. That if there is over one foot difference in elevation betweer contiguous building sites in separate ownership, the six (6) fOGt maximum height shall be a combination of the difference in eleva- tion plus the height of the fence, providing that regardless of any difference in elevation a fence not to exceed forty (40) in- ches in height may be built in such areas. a. Provided further, that if written approval of the adjoining property owner is obtained, and a permit obtained from the City Planning Department, such fence may be built to a max- imum of six (6) feet above finished grade. 4. Fences exceeding six (6) feet in height to enclose court area, tennis court or similar areas, when such fences are constructed of open mesh wire and are on the rear one half of a lot, may be erected subject to obtaining a Use Permit. 5. A six (6) foot fence shall be required surrounding a swimming pool. Upon securing a Use Permit any such fence may be erected exceeding the required height specified in this paragraph. 6. Access to any parking area, ponding area or public street shall be shown on the development plan. I. Minimum Off-Street Parking Required 1. All residential uses; two (2) garage spaces per dwelling unit. 2. All other uses as set forth by Ordinance No. 188 J. Ut ill ties C \~ : , : ty 1 i nes, including but not limited to electric, communications, t lighting and cable television, shall be required to be placed _~'ground, except that electric utility 1 ines shall be required to ,."aced underground only to the extent required for the so-called .reamline installation. Where streamline installation is used, the service lines to each res- idence or other service unit shall be placed underground, and only the transmission I ines may be above ground, on streamline poles which con- tain the transformers. All utility I ines may be placed underground at the option of the de- veloper or utility with the concurrence of the Planning Commission. Where this is done appurtenances and associated equipment such as, but not limited to surface mounted transformer, pedestal mounted ter- minal boxes and meter cabinets, and concealed ducts, may be placed -4- . ~ above ground, providing such appurtenances are landscaped to the sat- isfaction of the Planning Commission. The developer or builder is res- ponsible for complying with the requirements of this Section, and he shall make necessary arrangements with the utility companies for the installation of such facilities. SECTION 3. ADOPTION OF PLANS Development Plans, shall be presented to the Planning Commission for ap- prova I. Said Commission sha11 act on said plans within a period not to exceed sixty (60) days from the date of presentation, unless said time period be extended by mutual consent of the Planning Commission and Devel- oper....Said Commissio,. shall approve, conditionally approve or disapprove said plans and shall within 10 days report these findings to the City Council and ~~ the Developer. If said approved plan includes an offer of dedication of right-of-way for street purposes, or public lands, including parks, recreation areas, open spaces or green belt, said Plan shall be referred to the City Council of the City of Arroyo Grande for its consideration and action. Further, if said plans include private streets which will require basic city services; including, but not limited to, fire and police emergency services and serving of utility Installations, the developer shall enter Into an agreement with the City of Arroyo Grande to provide for such ser- vices. Upon receipt of said report of approved plan, which includes dedications to the City, the City Council shall consider said plan and act thereon in any manner deemed under the circumstances to best promote and protect the public health, safety, convenience and general welfare of the specific pian a rea, its environs and of the city. uevelopment Plans may be amended in the same manner as they are adopted. SECTION 4. VARIATION FROM MINIMUM REQUIREMENTS Variation from minimum requirements referred to in Section B, Paragraph I under "Development Plans" hereof may be permitted. The approval of any specific plan which requires such variations shall be had by not less than a majority vote of the total membership of the Planning Commission upon a finding that such variations will produce any 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 better community environment through dedication of public areas, rearrangement of lot sizes, 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 said minimum requirements. '::FCTl ,"< . ~~FECT ~\,i .,uction or grading shall be done until both of the said specific ~( ..c,division plans have been adopted as outlined herein, provided, i " that minor grading which is necessary for the enjoyment of safety ~ . cne existing use of any land in the "PD" District sha11 be allowed as a matter of right and subject only to City Ordinances pertaining to grading. SECTION 6. SUBD I VI S ION Where from the nature of the size, location, shape or topography of the parcel of land, or where from the nature of the improvements or develop- ment shown on the Specific Plan or any combination of these factors, it appears to the Planning Director that a future division of ownership or subdivison of said parcel would be required for orderly development, the Planning Director may require the filing of tentative and/or final sub- -5- - . ~ division maps, as provided in the Subdivision Ordinance of the City of Arroyo Grande, and the performing of any other acts required in such reg- ulation. Where any requirement of the Subdivision Ordinance requires any specific act .of: tne landowner or subdivider, the approval of any Specific Plan shall not become effective until compliance has been made with such Subdivision Ordinance. SECTI ON 7. EFFECT I VE DATE This Ordinance shall be in force and effect thirty (30) days after its passage and within fifteen (15) days from its passage it shall be pub- lished once in the Herald-Recorder, a newspaper printed and published in .fhe City of Arroyo Gr"',de together with the names of the Councilmen voting thereon. On motion by Councilman Burt, ,cconded by Councilman Levine, and by the followi~9 roll call vote, to-wit: AYES: Councilwoman Thompson, Councilmen Levine, Burt, Schlegel and Mayor Wood NOES: None ABSENT: None the foregoing Ordinance was adopted this 14th day of June, 1966. Mayor ATT["T~ ' --~~k/0&/~ I, POLLY S. MILLER, City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify that the foregoing Ord- inance No. 217 is a true, full and correct copy of said ordinance passed and adopted by the City Council of the City of Arroyo Grande at a regular meeting of said Council on the 14th day of June, 1966. WITNESS my hand and the seal of the City of Arroyo Grande affixed this 15th day of June, 1966. Grande