Loading...
O 544 ORDINANCE NO. 544 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING PORTIONS OF TITLE 16 OF THE ARROYO GRANDE MUNICIPAL CODE (DEVELOPMENT CODE AMENDMENT 02..(06), REZONING THE VILLAGE COMMERCIAL DISTRICT AND PORTIONS OF THE GENERAL COMMERCIAL AND OFFICE PROFESSIONAL DISTRICT TO VILLAGE CORE DOWNTOWN, VILLAGE MIXED USE, VILLAGE RESIDENTIAL AND SINGLE FAMILY RESIDENTIAL; REVISING LAND USE REGULATIONS TO ADDRESS REQUIREMENTS FOR MIXED USE DISTRICTS AND APPROVAL PROCESSES. WHEREAS, the City Council adopted the updated General Plan which became effective November 10,2001 and requires a comprehensive review and necessary revisions to the Arroyo Grande Municipal Code and Zoning Map for consistency, in accordance with Government Code Section 65860; and WHEREAS, the City Planning Commission held public hearings on August 20, 2002, February 4,2003, February 18, 2003, April 1, 2003, June 17, 2003 and July 15, 2003 and recommended certain amendments to the Arroyo Grande Municipal Code concerning the Village Core 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 02-006 at a duly noticed public hearing on August 12, 2003, in accordance with the Arroyo Grande Municipal Code, at which time all interested persons were given the opportunity to be heard; and WHEREAS, the City Council has reviewed and considered the infonnation and public testimony presented at the public hearings, Planning Commission recommendations, staff reports, and all other infonnation 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 lU6 of the land Use Element of the General Plan, which states "The historic Village Core (VC) area shall be sustained, enhanced and expanded as the symbolic, functional and unique business center of the City, with diverse mixed uses emphasizing pedestrian-oriented activities and providing for the needs of residents and tourists", and is therefore desirable to implement the provisions of the General Plan. B. The proposed change in zone and revisions to Title 16 reflect that both the existing zones and proposed zones are predominantly commercial, contain historical residential uses, promote continued mixed uses and will not adversely affect the public health, safety, and welfare or result in an illogical land use pattern. ORDINANCE NO. 544 PAGE 2 C. The proposed change of zones and revisions to Title 16 satisfy Section 16.36.010 of the Municipal 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 the potential environmental impacts of the proposed amendment are less than significant. 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 Exhibit "A" attached hereto and incorporated herein by this reference. SECTION 3: Arroyo Grande Municipal Code Sections set forth hereinbelow are hereby amended as shown in Exhibit "B" attached hereto and incorporated herein by this reference: a. Amend Sections: 16.04.070.C., 16.12.150.8., 16.12.030, Table 16.12.030-A, Table 16.12.030-8, 16.16.050.B., 16.16.060, 16.16.100.A., 16.16.100.8., 16.16.120, 16.16.130, 16.16.190, 16.16.210.A., 16.16.210.8., 16.16.210.C., 16.16.210.E., 16.24.010, 16.24.020, 16.24.030, 16.36.010, 16.36.020, 16.36.030, Table 16.36.030-A., 16.48.050, 16.48.060, 16.52.120.8., 16.56.030 and 16.56.050; b. Add Sections: Table 16.36.020-A, Table 16.36.020-8., Table 16.36.020-C., Table 16.36.030-A1, 16.48.065 and 16.56.020.C.; c. Delete Sections: 16.36.040, Table 16.36.040-A, 16.36.050. SECTION 4: All references in the Arroyo Grande Municipal Code to "Planning Director" shall be changed to "Community Development Director". SECTION 5: All references in the Arroyo Grande Municipal Code to "Architectural Advisory Committee" shall be changed to "Architectural Review Committee". 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: Upon adoption of this Ordinance, the Director of Administrative Services .shall file a Notice of Determination. ORDINANCE NO. 544 PAGE 3 SECTION 8: 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 Services/Deputy City Clerk shall post a certified copy of the full text of such adopted Ordinance. SECTION 9: This Ordinance shall take effect thirty (30) days after its adoption. On motion of Council Member Costello, seconded by Council Member Lubin, and on the following roll call vote, to wit: AYES: Council Members Costello, Lubin, Runels, Dickens and Mayor Ferrara NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 26th day of August, 2003. --"'--"-- ---..-.-.,--- -,--_._--- ORDINANCE NO. 544 PAGE 4 ~IUL.. RE, DIRECTOR OF ADMINISTRATIVE SERVICESI DEPUTY CITY CLERK APPROVED AS TO CONTENT: ~::::2 SPE N A AMS";CITY MANAGER APPROVED AS TO FORM: ~.~~~TTORNEY . . -- EXHIBIT A ~ I m - c: ! ~ ;:) if~~i if III ~.... 8 ,. -- ~ ~.- -- -- - -- ~ EXHIBIT B 16.04.070.C. Definitions. (Note to codifler; these definitions are being added to section 16.04. 070. C.) -A- Accessory Retail: The retail sale of various products, or the provision of certain personal services within a health care, hotel, office, or industrial complex, to employees or customers. Examples of these uses include pharmacies, gift shops, and food service establishments within hospitals; convenience stores and food service establishments within hotel, office and industrial complexes; and barber and beauty shops within residential care facilities. Adult Day Care: A day care facility providing care and supervision of adult clients. Agricultural Products Processing: The processing of harvested crops to prepare them for on- site marketing or processing and packaging elsewhere. Examples of this land use include the following: alfalfa cubing, com shelling, cotton ginning, custom grist mills, custom milling of flour, feed and grain, dairies (but not feedlots, see instead "Livestock Operations, Sales Yards, Feedlots, Stockyards"), drying of com, rice, hay, fruits, and vegetables, grain cleaning and custom grinding, hay baling and cubing, pre-cooling and packaging of fresh or fann-dried fruits and vegetables, storing, grading and packing of fruits and vegetables, and tree nut hulling and shelling. Antique: Any article that because of its age, rarity or historical significance has a monetary value greater than the original value; provided, that for the purpose of this code, the term "antique" shall not include motor vehicles, industrial or fann equipment. Alcoholic Beverage Sales: The retail sale of beer, wine, and/or distilled spirits for on-premise or off-premise consumption. Artisan Shop: A retail store selling art glass, ceramics, jewelry, paintings, sculpture, and other handcrafted items, where the store includes an area for the crafting of the items being sold. Artisan/Craft Product Manufacturing: Establishments manufacturing and/or assembling small products primarily by hand, including jewelry, pottery and other ceramics, as well as small glass and metal art and craft products. Automated Teller Machine (ATM): Computerized, self-service machines used by banking customers for financial transactions, including deposits, withdrawals and fund transfers, without face-to-face contact with financial institution personnel. The machines may be located at or within banks, or in other locations. Does not include drive-up A TMS; see "Drive-Through Services. " Automotive and Vehicle Services- Major Repair or Body Work: Repair facilities dealing With entire vehicles. These establishments provide towing, collision repair, other bodywork, and painting services. - ----~- -------..-- Automotive and Vehicle Services- minor Maintenance or Repair including Tire Services: Minor Facilities that specialize in limited aspects of repair and maintenance, including vehicle washing (e.g., mufiler and radiator shops, quick-lube, etc.) and other minor services. Automotive, Vehicle Parts Sales wi InstaDation Services: A store that sells new automobile parts, tires, and accessories. May also include minor parts installation. Automotive and Vehicle and Heavy Equipment Sales and Rental: A retail establishment selling and/or renting automobiles, trucks, vans, heavy equipment, and motorcycles. May also include repair shops and the sales of parts and accessories. incidental to vehicle dealerships. Also includes mobile home, RV, boat, and heavy equipment sales and rentals. Does not include the sale of auto parts/accessories separate from a vehicle dealership or businesses dealing exclusively in used parts. -B- Bank and Financial Services: Financial institutions including: banks and trust companies, credit agencies, holding (but not primarily operating) companies, lending and thrift institutions, other investment companies, securities/commodity contract brokers and dealers, security and commodity exchanges, vehicle finance (equity) leasing agencies. See also, "Automated Teller Machine. " Barffavern/Night Club: A business where alcoholic beverages are sold for on-site consumption, which are not part of a larger restaurant. Includes bars, taverns, pubs, and similar establishments where any food service is subordinate to the sale of alcoholic beverages. May also include beer brewing as part of a microbrewery (''brew-pub''). and other beverage tasting facilities. Does not include adult-oriented businesses. Building and Landscape Materials Sales: A retail establishment selling hardware, lumber and other large building materials, plant materials, and other landscaping materials. Includes paint, wallpaper, glass and fixtures. Includes all such stores selling to the general public, even if contractor sales account for a major proportion of total sales. Establishments primarily selling electrical, plumbing, heating and air conditioning equipment and supplies are classified under "Wholesaling and Distribution". -C- Club, Lodge, Private Meeting HaD: Pennanent, headquarters-type and meeting facilities for organizations operating on a membership basis for the promotion of the interests of the members, including facilities for: business associations; civic, social and fraternal organi7.ations; labor unions and similar organizations; political organizations; professional membership orvnizations; and other membership organizations. Includes grange halls and similar facilities. Commercial Recreation Facility- Indoor: Establishments providing indoor amusements and entertainment services for a fee or admission charge, including: bowling alleys; coin-operated amusement arcades; dance halls, clubs and ballrooms; electronic game arcades (video games, pinball, etc.); ice skating and roller skating; pool and billiard rooms as primary uses. -- ---- --- --~---_.._~---- Commercial Recreation Facility- Outdoor: A facility for various outdoor recreational activities, where a fee is charged for use. Examples include: amusement and theme parks; go-cart tracks; golf driving ranges; miniature golf courses; public swimming pools, water slides and other water features. Community Center: A multi-purpose meeting and recreational facility typically consisting of one or more meeting or multi-purpose rooms, kitchen and/or outdoor barbecue facilities, that are available for use by various groups for meetings, parties, receptions and dances. Conference/Convention Facility: One or more structures where the primary use is to accommodate multiple assembly, meeting, and/or exhibit rooms, and related support facilities (such as kitchens and offices). Construction Contractors: Office, and indoor and/or outdoor storage facilities operated by, or on behalf of, a contractor licensed by the State of California for storage of large equipment, vehicles, and/or other materials commonly used in the contractor's type of business; storage of scrap materials commonly used in the contractor's type of business; storage of scrap materials used for repair and maintenance of contractor's own equipment; and buildings or structures used for repair and maintenance. Convenience Store: A neighborhood serving retail store of 3,500 square feet or less in gross floor area, which carries a range of merchandise oriented to daily convenience shopping needs. -D- Drive- Through Sales or Services: A facility where food or other products may be purchased,or where motorists may obtain services without leaving their vehicles. Examples of drive-through sales facilities include fast-food restaurants and drive-through coffee, dairy product, photo stores, pharmacies, etc. Examples of drive-through service facilities include drive-through bank teller windows, dry cleaners, etc., but do not include automated teller machines (ATMs), gas stations or other vehicles services, which are separately defined. -E- Equestrian Facility: A commercial facility for horses, donkeys, and/or mules, examples of which include horse ranches, boarding stables, riding schools and academies, horse exhibition facilities (for shows or other competitive events), and barns, stables, corrals and padd;ocks accessory and incidental to these uses. Does not include the simple pasturing of horses, donkeys, and/or mules, which are included under "Animal Keeping." Extended Hour Retail: Any business that is open to the public between the hours of 11 p.m. and 6 a.m. -F- Farm Supply and Feed Store: A retail business selling supplies for use in soil preparation and maintenance, the planting and harvesting of crops, the keeping and raising of farm animals, and -'---- __.m"'''"..~ ----_.__..._..__._..,._------~ other operations and processes pertaining to farming and ranching. Does not include the sale, rental, or repair of farm machinery and equipment, which are included under "Construction and Heavy Equipment Sales and Rental." Farmers Market: A temporary outdoor gathering of individual retailers, primarily focused on the sale of ftesh produce, and also including other foods, beverages, flowers, handicrafts, art objects, and other items. Fitness/Healtb Facility: A fitness center, gymnasium, day spa, health and athletic club, which may include any of the following: sauna, spa or hot tub facilities; indoor tennis, handball, racquetball, archery and shooting ranges and other indoor sports activities. Does not include adult entertainment businesses. Fuel Dealer: A retail trade establishment that sells fuel oil, butane, propane, and liquefied petroleum gas (LPG), bottled or in bulk, to consumers. FumiturelFixtures Manufacturing, Cabinet Shop: Manufacturers producing: wood and metal household furniture and appliances; bedsprings and mattresses; all types of office furniture and partitions, shelving, lockers; and miscellaneous drapery hardware, window blinds and shades. Includes furniture re-upholstering businesses, wood and cabinet shops, but not sawmills or planing mills, which are included under "Manufacturing-Heavy." -G- Gas Station: A retail business selling gasoline and/or other motor vehicle fuels, and related products. Where allowed by Article 2 (Community Design), a gas station may also include a "Convenience Store," "Vehicle Services," and/or trailer rental (see "Auto and Vehicle Sales or Rental"). General Retail: Stores and shops selling many lines of merchandise. Examples of these stores and lines of merchandise include: antique stores; art galleries, retail; art supplies, including ftaming services; auction rooms; bicycles; books, magazines, and newspapers; cameras and photographic supplies; clothing, shoes, and accessories; collectibles (cards, coins, comics, stamps, etc.); department stores; drug stores and pharmacies; dry goods; fabrics and sewing supplies; florists and houseplant stores (indoor sales only); for outdoor sales see "Building and Landscape Materials Sales"; hobby materials; jewelry; luggage and leather goods; musical instruments, parts and accessories; orthopedic supplies; religious goods; small wares; specialty shops; sporting goods and equipment; stationery; toys and games; variety stores. Grocery Store: A retail business where the majority of the floor area open to the public is occupied by food products packaged for preparation and consumption away from the store. . Industrial and Scientific Research and Development: A facility for scientific research, and the design, development, and testing of electrical, electronic, magnetic, optical and computer and telecommunications components in advance of product manufacturing, and the assembly of related products ftom parts produced off-site, where the manufacturing activity is secondary to the research and development activities, and where no more than 30 percent of the total floor _._^-- area is office. Includes pharmaceutical, chemical and biotechnology research and development. Does not include soils and other materials testing laboratories (see "Laboratory"), or medical laboratories (see "Medical Service- Clinic, Laboratory, Urgent Care"). -L- Laboratory- Medical, Analytical, Testing: A facility for testing, analysis, and/or research. Examples of this use included medical labs, soils, materials testing labs, and forensic labs. Library, Museum: Public or quasi-public facilities, examples of which include: aquariums, arboretums, art galleries and exhibitions, botanical gardens, historic sites and exhibits, libraries, museums, planetariums, and zoos. May also include accessory retail uses such as a giftlbook shop and restaurant, etc. LiveIWork Unit: An integrated housing unit and working space, occupied and utilized by a single household in a structure, either single-family or multi-family, that has been designed or structurally modified to accommodate joint residential occupancy and work activity, and which includes: complete kitchen space and sanitary facilities in compliance with the Building Code; and working space reserved for and regularly used by one or more occupants of the unit. Lodging- Recreational Vehicle (RV) Park: A site .where one or more lots are used, or are intended to be Used, by campers with recreational vehicles or tents. Recreational vehicle parks may include public restrooms, water, sewer, and electric hookups to each lot and are intended as a higher density, more intensively developed use than campgrounds. May include accessory retail and recreational uses where they are clearly incidental and intended to serve RV park patrons only. -M- Maintenance Services- Client Site Services: Base facilities for various businesses that provide services on the premises of their clients. Includes gardening, janitorial, pest control, water and smoke damage recovery, and similar services; and appliance, computer, electronics, elevator equipment, HV AC, instrument, electrical, heating/plumbing, and other maintenance and repair services not operating from a retail establishment that sells the products being maintained or repaired. When these services operate froro a retail establishment that sells the products being maintained or repaired, they are considered part of the retail use. ManufacturinglProcessing- Heavy: A facility accommodating manufacturing processes that involves and/or produces basic metals, building materials, chemicals, fabricated metals, paper products, machinery, textiles, and/or transportation equipment, where the intensity and/or scale of operations may cause significant impacts on surrounding land uses or the community. Heavy manufacturing uses are not allowed within the City of Arroyo Grande except where limited varieties are included under the definition of "Manufacturing- Intensive." Examples of heavy manufacturing include: chemical product manufacturing, concrete, gypsum, and plaster product manufacturing, glass products, paving and roofing materials, petroleum refining and related industries, plastics, other synthetics, and rubber products, primary metal industries, pulp and pulp products, and textile and leather products. ---.-......-- ~--~- -- Manufacturing/Processing- Light: A facility accommodating manufacturing processes involving and/or producing: apparel; food and beverage products; electronic, optical, and instrumentation products; ice; jewelry; and musical instruments. Light manufacturing also includes other establishments engaged in the assembly, fabrication, and conversion of already processed raw materials into products, where the operational characteristics of the manufacturing processes and the materials used are unlikely to cause significant impacts on surrounding land uses or the community. Examples of light manufacturing uses include: clothing and fabric products; electronics, equipment, and appliance products; food and beverage products; handcraft industries, small scale manufacturing; paper products; and photo/film processing labs. Medical- Hospital. Hospitals and similar facilities engaged primarily in providing diagnostic services, and extensive medial treatment, including surgical and other hospital services. These establishments have an organized medical staff, inpatient beds, and equipment and facilities to provide complete health care. May include on-site accessory clinics and laboratories, accessory retail uses and emergency heliports (see "Accessory Retail Uses"). Medical Services- Doctor Office: A facility other than a hospital where medical, dental, mental health, surgical, and/or other personal health care services are provided on an outpatient basis, and that accommodates no more than four licensed primary practitioners (for example, chiropractors, medical doctors, psychiatrists, etc., other than nursing staff) within an individual office suite. A facility with five or more licensed practitioners is instead classified under "Medical Services- Clinic, Urgent Care." Counseling services by other than medical doctors or psychiatrists are included under "Offices- Professional." Medical Services - Clinic, Lab, Urgent Care: Facilities primarily engaged in furnishing out- patient medical, mental heath, surgical, and other personal health services, but which are separate from hospitals, including: health management organizations (HMO's); medical and dental laboratories; medical, dental and psychiatric offices; out-patient care facilities; other allied health services; counseling services by other than medical doctors or psychiatrists are included under "offices. " Mixed-Use Project: A project, which combines both commercial and residential uses, where the residential component is typically located above or behind the commercial use. Moblle Home, Boat, or RV Sales: Retail establishment selling mobile home dwelling units, and/or various vehicles and watercraft for recreational uses. Includes the sales of boats, campers and camper shells, jet skis, mobile homes, motor homes, and travel trailers. Motel: For purposes of implementing this title, means the same as "hotel." Multi-family housing: A dwelling unit that is part of a structure containing one or more other dwelling units, or a non-residential use. An example of the latter is a mixed use project where, for example, one or more dwelling units are part of a structure that also contains one or more commercial uses (retail, office, etc.). Multi-family dwellings include: duplexes, triplexes, fourplexes (buildings under one ownership with two, three, or four dwelling units, respectively, in the same structure); apartments (five or more units under one ownership in a single building); -~-~-~-_.._..-.,.._-~- __.__~.._m.._.____ _ ____u_..____ - and Cityhouse development (three or more attached dwellings where no unit is located over another unit). -0- Office- Accessory: Office facilities that are incidental and accessory to another business or sales activity that is the primary use. Office- Government: Administrative, clerical, or public contact and/or service offices of a local, state, or federal government agency or service facilities. Includes post offices, but not bulk mailing distribution centers, which are under ''Truck or Freight Tenninal." Office- Processing: Office-type facilities characterized by high employee densities, and occupied by businesses engaged in infonnation processing, and other computer-dependent and/or telecommunications-based activities. Examples of these uses include: airline, lodging chain, and rental car company reservation centers, computer software and hardware design an9 development, consumer credit reporting, data processing services, health management organization (HMO) offices where no medical services are provided, insurance claim processing, mail order and electronic commerce transaction processing, telecommunications facility design and management, and telemarketing. Office-Professional: Office-type facilities occupied by businesses that provide professional services and/or are engaged in the production of intellectual property. Examples of these uses include: accounting, auditing and bookkeeping services, attorneys, commercial art and design services, construction contractors (office facilities only), counseling services, court reporting services, detective agencies and similar services, design services including architecture, engineering, landscape architecture, urban planning, educational, scientific and research organizations, financial management and investment counseling, literary and talent agencies, management and public relations services, media postproduction services, news services, photographers and photography studios, psychologists, secretarial, stenographic, word processing and temporary clerical employee services, security and commodity brokers, and writers and artists offices. Outdoor Retail Sales and Activities: Pennanent outdoor sales and rental establishments not classified under another land use definition where the business is not conducted entirely within a structure. Outdoor Retall Sales, Temporary: Temporary outdoor retail operations including: Christmas trees, pumpkins or the sale of seasonal items; farmers' markets; semi-annual sales of art/handcrafted items in conjunction with community festivals or art shows; sidewalk or parking lot sales longer than one weekend; retail sales from individual vehicles in temporary locations outside the public right-of-way. -P- --_._...~._- -----.- . -.. - -~-~--_..._.. ------.----- Park, Playground: Public parks, play lots, playgrounds, and athletic fields or courts providing non-commercial facilities for active and/or passive recreation for neighborhood or community use, including recreational community gardening. Personal Services: Establishments providing non-medical services to individuals as a primary use. Examples of these uses include: barber and beauty shops, day spas, clothing rental, dry cleaning pick-up stores with limited equipment, home electronics and small appliance repair, laundromats (self-service laundries), locksmiths, massage (licensed, therapeutic, non-sexual), pet grooming with no boarding, shoe repair shops, tailors, and tanning salons. These uses may also include accessory retail sales of products related to the services provided. Personal Services- Restricted Personal services that may tend to have a blighting and/or deteriorating effect upon surrounding areas and which may need to be dispersed to minimize their adverse impacts. Examples of these uses include: check cashing stores, fortune tellers, palm and card readers, pawnshops, psychics, and hot tubs for hourly rental, and tattoo and body piercing services. Printing and Publishing: An establishment engaged in printing by letterpress, lithography, gravure, screen, or electrostatic (xerographic) copying; and other establishments serving the printing trade such as bookbinding, typesetting: engraving, photoengraving and electrotyping. This use also includes establishments that. publish newspapers, books and periodicals; establishments manufacturing business forms and binding devices. "Quick printing" services are included under "Business Support Services." Produce Stands: An accessory structure used for the display and sale of vegetables and other produce grown on the site that it serves, with no space within for the customers. Public Safety Facility: A facility operated by a public agency including fire stations, other fire prevention and fire fighting facilities, police and sheriff substations and headquarters, including interim incarceration facilities. -R- Recycling- Scrap and Dismantling Yard: . Outdoor establishments primarily engaged in assembling, breaking up, sorting, and the temporary storage and distribution of recyclable or reusable scrap and waste materials, including .auto wreckers engaged in dismantling automobiles for scrap, and the incidental wholesale or retail sales of parts from those vehicles. Includes light and heavy processing facilities for recycling. Does not include pl~es where these activities are conducted entirely within buildings; pawnshops, and other secondhand stores; the sale of operative used cars; or landfills or other waste disposal sites. Recycling- Small Collection Facility: A center where the public may donate, redeem or sell recyclable materials, which may include the following, where allowed by the applicable zoning district: reverse vending machines; or small collection facilities which occupy an area of 350 square feet or less and may include a mobile unit. - -~'-'- --_.~---_. -- ~------- ------_._~ Religious Facility: A pennanent facility operated by a religious organization exclusively for worship, or the promotion of religious activities, including accessory uses on the same site. Examples of these types of facilities include churches, mosques, synagogues, and temples. Examples of allowable accessory uses on the same site include living quarters for ministers and staff, facilities for child day car and religious instruction operated at the same time as religious services (where authorized by the same type of a land use pennit required for the religious facility itself). May also include fund-raising sales, bazaars, dinners, parties, or other indoor and outdoor events on the same site. Other facilities maintained by religious organizations, including full-time day care centers, full-time educational institutions, hospitals and other potentially related operations (for example, a recreational camp) are defined in this chapter according to their respective activities. Does not include the temporary use of an approved public assembly facility (for example, a private meeting hall, community center, theater, or auditorium) by a congregation for religious meetings, which is instead defined under the type of meeting facility hosting the congregation. Repair Service- Equipment, Large Appliances, etc: A service and facility where various types of electrical, electronic, and mechanical equipment, and home and business appliances are repaired and/or maintained away from the site of the equipment owner. Does not include vehicle repair or maintenance, which is included under "Vehicle Services", the repair of small home appliances and electronic equipment, which is included under "Personal Services", or maintenance and repair activities that occur on the client's site, which are included under "Maintenance Service-Client Site Services." Repair Service- Equipment, Large Appliances, etc: A service and facility where various types of electrical, electronic, and mechanical equipment, and home and business appliances are repaired and/or maintained away from the site of the equipment owner. Does not include vehicle repair or maintenance, which is included under "Vehicle Services", the repair of small home appliances and electronic equipment, which is included under "Personal Services", or maintenance and repair activities that occur on the client's site, which are included under "Maintenance Service-Client Site Services." -S- School: A public or private academic educational institution. Also includes schools providing specialized education/training, facilities, institutions and conference centers that offer specialized programs in personal growth and development, such as fitness, environmental awareness, arts, communications, and management. Does not include pre-schools and child day care facilities (see "Day Care"). See also the definition of "Studios-Art, Dance, Martial Arts, Music, etc." for smaller-scale facilities offering specialized instruction. Second Hand Store: A retail store that buys and sells used merchandise, including clothing, furniture and household goods. Secondhand store does not include establishments that .primarily sell used jewelry, old coins, stamps, musical instruments, books, entertainment media and collectibles, which are general retail. Social Service Organization: A public or quasi-public establishment providing social and/or rehabilitation services, serving persons with social or personal problems requiring special -_._---~-_._-_....._- -_.__._~----..- -- -- -----..--, ------.--- services, the handicapped, and the otherwise disadvantaged. Examples of this land use include: counseling centers, welfare offices, job counseling and training centers, or vocational rehabilitation agencies. Includes organizations soliciting funds to be used directly for these and related services, and establishments engaged in community improvement and transitional housing, or "Residential Care," which are' separately defined. Storage- Outdoor: An area not within a building that is proposed or used for the storage of building materials, other supplies, equipment, or other materials, either as the primary use of a parcel or as storage accessory to another use. Storage- Penonal Storage Facility: Structures containing generally small, individual, compartmentalized stalls or lockers rented as individual storage spaces and characterized by low parking demand. -T- Telecommunications Facility: Public and commercial electromagnetic and photoelectrical transmission, broadcast, repeater and receiving stations for radio, television, telegraph, telephone, data network, and wireless communications, including commercial earth stations for satellite-based communications. Includes antennas, commercial satellite dish antennas, and equipment buildings. Theater/ Auditorium: An indoor facility for public assembly and group entertainment, other than sporting events. Examples of these facilities include: civic theaters, and facilities for "live theater and concerts; movie theaters; and similar public assembly facilities. -W- Warehouse Retail: A retail store that emphasizes the packaging and sale of products in large quantities or volumes, some at discounted prices, where products are typically displayed in their original shipping containers. Sites and buildings are usually large and industrial in character. Patrons may be required to pay membership fees. Wholesaling and Distribution: An establishment engaged in selling merchandise to retailers; to contractors, industrial, commercial, institutional, farm, or professional business users; to other wholesalers; or acting as agents or brokers in buying merchandise for or selling merchandise to such persons or companies. Examples of these establishments include: agents, merchandise or commodity brokers, and commission merchants; assemblers, buyerS and associations engaged in the cooperative marketing of farm products; merchant wholesalers; stores primarily selling electrical, plumbing, heating and air conditioning supplies and equipment. Winery: A manufacturing facility where wine grapes are crushed, fermented, aged, bottled, and sold at wholesale as finished wine. May include tasting and accessory retail sales of wine produced on site and gift items. - -- ~-----._---- Table 16.12.030-A Mailing Label Requirements by Permit or Approval Type APPLICATION TYPE REQUIRED RADIUS NUMBER OF SETS OF LABELS. GP Amendment 300 feet 3 Zonin2 Map or Title 9 Amendment 300 feet 3 Specific Plan or SP Amendment 300 feet 3 Development AiUeement 300 feet 3 Conditional Use Pennit 300 feet 2 Minor Use Pennits (MUP) 300 feet 2 Surface Minin2 Permit 300 feet 2 Variance 300 feet 2 Vestin2 Tentative Map 300 feet 2 Tentative Map 300 feet 2 Lot Line Adjustment 300 feet 2 Lot Mer2er 300 feet 2 Reversion to Acrea2e 300 feet 2 Certificate of Compliance 300 feet 2 Planned Si2ll PrOJU8I11 300 feet 2 Planned Unit Dev. Permit 300 feet 2 * Projects within an approved planned development require an additional set oflabels. Alternatively, the applicant shall pay a fee established by City Council resolution and have the City generate the required mailing labels. - ---.---...---..--- Table 16.12.030-B Permits Licenses and A GP Amendment Zoning Map or Title 16 Includes PD amendments Amendment Specific Plan . City Council Yes Ci Council Yes Includes second dwelling Planning Commission Yes review if deviating from requirements 16.52.115. ARC ma be re uired Variance Plannin Commission Yes Minor Use Permit (MUP) For projects exempt from Community Development No CEQA. ARC review may be Director, reported to the required. Planning Commission on a MOP for minor exceptions consent agenda. include those necessary for deviations from Standards in Design Guidelines and Standards for Historic Districts Surface Mining Permit Requires environmental Planning Commission Yes reVIew Home Occupation Permit Community Development No Director Final Map City Council No Lot Line Adjustment Planning commission No Consent Lot Merger Planning commission No Consent Reversion to Acreage Planning commission No Consent Certificate of Compliance Planning commission No Consent Business License Clearance Community Development No Director Planning Unit Development Processed concUITently with Planning Commission Yes Permit a tentative map. ARC re uired Planned Sign Program ARC required Planning Commission Yes consent -- -,-~- --....-..--.- '-.-. --~._---- Administrative Sign Permit Community Development No or Program Director 1 Does not include concurrent processing of applications as set forth in Section 16.12.070. If an application is within an approved planned development, the city council is the decision-making body. . 2 Public hearing required if project is appealed. 16.12.150.B. Fillnl! of ADDeals. 1. Appeals shall be in writing on a fonn obtained ftom the community development department (for appeals to planning commission) or city clerk (for appeals to city council). The appellant shall state the specific reasons for the basis of the appeal. Appeal applications shall include the required fee and mailing labels for property owners within three hundred (300) feet of the project being appealed, unless otherwise provided in this title. 2. An appeal of a community development director or architectural review committee action shall be filed with the secretary of the planning commission within ten (10) calendar days following the date of action for which an appeal is made or the date the action is reported to the planning commission on the consent agenda. 3. An appeal of a planning commission decision shall be filed in the office of the city clerk within ten (10) calendar days following the date of action for which an appeal is made. 16.16.050.B. Authority. Except for concurrent applications as provided for in Section 16.12.070, the planning commission is authorized to approve conditional use permits, subject to the appeal provisions of Section 16.12.1,50. Conditional use pennit applications involving new construction or any changes to the exterior of an existing building shall be subject to the architectural review procedures outlined in Section 16.12.190. If the community development director detennines that all the following circumstances exist regarding a development proposal, a conditional use pennit may not be required; and the project shall be subject to minor use pennit review (see Section 16.12.060) or business license clearance (see Section 16.12.180): 1. The proj ect will be occupying an existing building or will require an addition to an existing structure that will not result in an increase of more than twenty-five (25) percent of the floor area of the structure before the addition, or five hundred (500) square feet, whichever is less; and 2. The proposed use is the same or similar in character to the existing use, as detennined by the community development director based on the following use categories. Exceptions may be allowed if the community ~~.._--_.__..- development director determines that the new use is less intensive than the existing use; and 3. The project is exempt ftom CEQA review and there is no possibility of a significant impact on the environment. The community development director, staff advisory committee, and architectural review committee shall provide recommendations to the planning commission regarding conditional use permits. A public hearing pursuant to Section 16.12.160 of this title shall be required. 16.16.060 Minor Use Permit. A. When a Minor Use Pennit is required by this title to authorize a project proposal, its approval certifies that the land use or development will satisfy all applicable provisions of this title. Minor Use Permit approval is required when a development or use of land is listed in a particular zoning district as an allowable use and the requirements listed in Section 16.16.050B are met. Minor Use Permit approval enables issuance of a building permit under Title 15 of this code or the establishment of a land use that does not require a building permit but is still subject to the standards of this title. B. Authority. Except for concurrent applications as provided for in Section 16.12.070, the community development director is authorized to approve Minor Use Permits, subject to the appeal provisions of Section 16.12.150. Minor Use . Pennits will be reported to the Planning Commission on a consent agenda for the purposes of providing public notice. A public hearing is not required unless appealed. In addition to instances where the provisions of this title specifically require minor use pennit review, applications that meet any of the following criteria shall also 'require minor use pennit review: 1. Second Residential Units that deviate ftom the requirements listed in 16.52.150 (deviations ftom parking standards require CUP approval); 2. Projects in the historical character overlay district (D-2.4) consistent with 16. 16.060.C.2. of this section and 16.36.030.B.b. 3. New construction or expansion of parking lots; 4. Construction of outdoor storage areas on the same site as an existing business; 5. Construction and/or placement of satellite dishes, antennas, roof or ground-mounted equipment visible from public view; 6. New accessory structures or additions that do not result in an increase of more than twenty-five (25) percent of the floor area of the existing building or five hundred (500) square feet, whichever is less; 7. Development of any other uses, facilities, or structures for which a Minor Use Pennit is specifically required by this title; 8. Residential construction projects of two to four dwelling units on one lot, unless otherwise specified in this title. ~..~.__._-- C. Submittal and Review Requirements: 1. Minor Use Permit applications shall contain the following: a. Completed planning application form and required fee and attachments (see also Section 16.12.030); b. Five copies of accurately scaled drawings using a standard engineer's scale (approval necessary for use of scale smaller than 1 :30, Le., 1 :40 or 1 :50), neatly and accurately prepared, that will enable ready identification and recognition of submitted information (folded to nine inches by twelve (12) inches size) showing: 1. Location, exterior boundaries, and dimensions of the entire property that is the subject of the application. The scale of the drawing and a north arrow shall be indicated. An area location map showing the proposed project site and its distance from nearby cross streets and natural or manmade landmarks, as necessary to readily locate the site, may be included, 11. The location, name, width and pavement type of adjacent street(s) or alley(s), as well as the location of existing or proposed curbs, gutter or sidewalk improvements, if any, 111. The location, dimensions and use of all existing and proposed structures on the property, including accessory structures, trash enclosures, decks, balconies, fences, walls, exterior lighting structures, signs, and other structural elements that protrude into yard areas. When the use of a proposed structure is not certain at the time of application, the occupancy-type, as defined by the Uniform Building Code, may be submitted for use, IV. The locations, dimensions and type of existing and proposed utilities, including water supply, sewage disposal facilities, electricity, gas, or other utilities. Existing and proposed public and private easements shall be shown, v. The location and dimensions of existing or proposed driveways and parking areas (enclosed or open), including type of surfacing materials, parking spaces, aisles and identification of any driveway grades over ten (10) percent. The flow of traffic should be noted by arrows, VI. The generalized location of any major topographic or man- made features on the site, such as rock outcrops, bluffs, streams and watercourses, or graded areas. A topographic map may be required by the community development director, V11. The locations of all existing trees and major shrubs, with specific specifications as to which plants are to be removed or retained; c. Five blueprints of a grading plan and drainage plan (folded to nine inches by twelve (12) inches size) if found necessary by the community development director or public works director; d. Five blueprints of preliminary floor plans (folded to nine inches by twelve (12) inches size), drawn using standard engineers or architect scale, for each story of each building or structure, showing the following: 1. Location of walls, doors and witldows, 11. Identification of activity areas, 111. Placement of window and door locations on floor plans in coordination with the elevations; e. Preliminary landscape plan prepared by a licensed landscape architect or as approved by the parks and recreation director, if found necessary the community development director. The number of copies of such plans to be submitted shall be established by the community development director. The community development department may require submission of amendments to an application before, during or after its review period to reflect more detailed information reasonably necessary for staff to make its determination. If a .new structure or an addition to existing structure is proposed, where the addition or new structure will be located within the drip line of an Oak or Landmark Tree, a site plan shall be submitted which depicts the location of all mature trees on the site, including the type of tree and diameter of the tree. At the discretion of the Parks, Recreation and Facilities Director, an arborist report may be required for any trees on the site which may be affected by the proposal in order to determine whether the proposal will damage the existing tree(s). 2. Minor Use Permit review in the Historic Character Overlay District a. The Minor Use Permit shall include such textual description and plans, sketches, and drawings as are necessary to show: 1. Use. The existing or proposed use and design of the premises, building or structure, including areas to be paved, graded, excavated, landscaped or otherwise improved or disturbed; and 11. Yalue. The historic, cultural archaeological or architectural resource value or significance of a building, structure or site based upon research of historic archives, archaeological and/or ethnographic data, photographs and other documents; and lll. Relationship to the district. The relationship of the proposed use, activity, building or structure to the historic, cultural, or architectural resources present in the suuounding district. ---_.._~_.._""- 3. A sign permit application may be required to be processed concurrently with the Minor Use Permit review for any use proposed to have signs. 4. An architectural review application may be required to be processed concurrently with the Minor Use Permit if modifications to the exterior of a building are proposed. 5. After receipt of a completed application, the community development director may approve a Minor Use Permit application, when the proposed . projector use satisfies all applicable provisions of this title. The community development director shall prepare a written decision that shall contain the findings of fact upon which such decision is based. Copies of the decision shall be provided to the applicant, planning commission, public works, and building and fire departments. D. Required Findings. Minor Use Permit review may be approved only if all the following findings of fact can be made in an affirmative manner: 1. The proposed project is consistent with the goals, objectives, policies and programs of the Arroyo Grande general plan; 2. The proposed project conforms to applicable performance standards and will not be detrimental to the public health, safety or general welfare; 3. The physical location or placement of the use on the site is compatible with the surrounding neighborhood. E. Additional Findings for the Historic Character Overlay District. 1. The construction, alteration, demolition, or relocation of any building or structure or earth movement enhances, to the maximum extent feasible, and does not interfere with, detract form or degrade the historic cultural, architectural or archaeological resource values of the district. 2. The use proposed for a building, structure, or parcel of land shall be compatible with the uses predominating in the designated area. 3. The development, demolitions, relocations, conversions are in keeping with the architectural style and scale characterizing the period of history in which the structure was built, including the landscaping features, and/or the features which caused the property to be so included in the district. 4. Proposed restoration efforts are in keeping with details, materials, textures, colors, and landscape features common to the period of history when the designated district was constructed. 5. Where applicable, the project meets the alternative building regulations pursuant to part 8 of title 24 of the California Administrative Code, entitled "The Historic Building Code:' And the Secretary of the Interior's Standards for Historic Preservation Projects. F. Conditions of Approval. In approving a Minor Use Permit, the community development director may impose reasonable conditions to ensure compliance with this title. ~- ---~-- .~- 16.16.100 Minor Use Permits - Temoorary Uses. A. Purpose and Intent. The minor use pennit for temporary uses is intended to allow for the short-term placement (usually six months or less) of activities on privately or publicly owned property with appropriate regulations so that such activities will be compatible with the surrounding areas. B. Authority. The community development director is authorized to approve minor use permits for temporary uses, subject to the appeal provisions of Section 16.12.150. A public hearing shall not be required for issuance of a temporary use permit. Temporary uses may be subject to additional permits, other city department approvals, licenses, and inspections as required by any applicable laws or regulations. A permit shall not be required for events that occur in theaters, meeting halls, or other permanent public assembly facilities. 16.16.120 Minor Use Permit -Minor Exceotion. A. Purpose and Intent. In order to provide flexibility necessary to achieve the objectives of the development code, selected site development regulations and applicable off-street parking requirements are subject to administrative review and adjustment, in those circumstances where such adjustment will be compatible with adjoining uses and consistent with the goals and objectives of the general plan and intent of this code. B. Authority. The Community Development Director may grant minor use permits for minor exceptions to ordinance requirements in accordance with the procedures in this section where there is a justifiable cause or reason, subject to the appeal provisions of Section 16.12.150 of this title. Any minor exception granted shall be subject to such conditions as will assure that the adjustment does not constitute a grant of special privilege inconsistent with the provisions and intentions of this title. A public hearing shall not be required for granting of a minor exception. The Community Development Director is limited to granting minor exceptions for the following: 1. Fence Height. In any district, a maximum height of any fence, wall, or equivalent screening may be increased by a maximum of two feet where the topography of sloping sites or a difference in grade between adjoining sites warrants an increase in height to maintain a level of privacy, or to maintain the effectiveness of screening, as would generally be provided by such fence, wall, or screening in similar circumstances. 2. Setbacks. In any residential district, the. Community Development Director may decrease minimum setbacks by not more than ten (10) percent where such decreases are necessary for significantly improved site planning or architectural design, creation or main&nance of views, or would otherwise facilitate highly desirable features or amenities, and where such increase will not unreasonably affect contiguous sites. 3. Lot Coverage. In any district the Community Development Director may increase the maximum allowable lot coverage by not more than ten (10) perCent of the lot area where such increases are necessary for significantly improved site planning or architectural design, creation or maintenance of views, or would otherwise facilitate highly desirable features or amenities, and where such increase will not unreasonably affect contiguous sites. - ---... _...._---_.._~-_.- ---.~-- 4. Height. In any district the Community Development Director may authorize a ten (10) percent increase in the maximwn allowable building height. Such increases may be approved only where necessary to significantly improve the site plan or architectural design and where scenic views or solar access on .SUITOunding properties are not affected. 5. Parking. In any district the Community Development Director may waive strict adherence to the parking standards contained in Chapter 16.56 when a change or expansion in use is proposed in an existing building or an addition or enlargement of an existing single-family residence is proposed and it is not feasible to provide sufficient on-site parking on the parcel. A minor exception may also be granted for parking space size of up to two feet. 6. Deviations from standards described in Design Guidelines and Standards for Historic Districts pertaining to Design Overlay District 2.4. 7. Minor Items. A minor exception may be considered for other minor development regulations. If the minor development regulation is not listed above, the planning commission may make an interpretation. The planning commission must make the findings that such a request is compatible with adjoining uses, is consistent with the goals and objectives of the general plan and intent of the development code, and. that the item is minor in scale. C. Submittal and Review Requirements. 1. An application for a minor use pennit for a minor exception shall contain: a. Completed planning application fonn and required fee and attachments (see also Section 16.12.030); b. Statement of the precise nature of the exception requested and the hardship or practical difficulty that would result wm the strict interpretation and enforcement of this title; c. Such sketches, drawings diagrams, or photographs that may be necessary to clearly show applicant'. s proposal; d. Additional infonnation as required by the Community Development Director. 2. Upon acceptance of a minor use pennit for a minor exception application, the Community Development Director shall review the request for compliance with the provisions of this title. The Community Development Director shall render a written decision and shall clearly state any conditions of approval or reasons for denial and applicable appeal provisions of this title. 3. Notice of the decision shall be mailed to the applicant and to property owners of parcels within three hundred (300) feet of the property for which a minor exception has been requested. The notice shall indicate the appeal provisions of Section 16.12.150. Copies of the decision shall also be provided to the planning commission, public works and building and fire departments. D. Findings. The Community Development Director shall make all the following findings prior to approving an application for a minor exception: _.~.._._..._.,-- "-.--..---- 1. That the strict or literal interpretation and endorsement of the specified regulation would result in practical difficulty or unnecessary physical hardship; 2. That there are exceptional circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to other properties in the same district. 3. That strict or literal interpretation and enforcement of the specified regulation wquld deprive the applicant of privileges enjoyed by other property owners in the same district; 4. That the granting of the minor use pennit for a minor exception will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same district and will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity; 5. That the granting of a minor use pennit for a minor exception is consistent with the objectives and policies of the general plan and the intent of this title. 16.16.130 Minor Use Permit -Viewsbed Review. A. Purpose and Intent. It is the intent of the city, by requiring minor use pennits for the viewshed review process, to preserve the existing scope and character of established single-family neighborhoods and to protect views and aesthetics and other property values in such neighborhoods in a manner that is compatible with reasonable expansion on existing developed lots and/or a new development on existing undeveloped lots. B. Authority. The Community Development Director is authorized to approve minor use . pennits for viewshed review, subject to the provisions of subsection D of this section and the appeal provisions of Section 16.12.150. C. Applicability. This section applies to all areas zoned RR, RS, SF, including those with a design development (-D) overlay. These provisions would not apply to development in MFA districts, since architectural approval is required before the issuance of a building pennit. 1. Areas Zoned RR, RS, SF and MF. No second-story addition shall be erected or enlarged on any single-family home within the PD, PS, SF and MF districts until a minor use permit for viewshed review is obtained, in accordance with the procedure set forth in this section. 2. Areas Zoned RR, RS, SF and MF with a -D Overlay Regulating height. No new construction, addition or improvement thereof shall be erected or enlarged on any lot that lies within the RR, RS, SF or MF districts that have a -D overlay regulating height until a minor use pennit for viewshed review is obtained, in accordance with the procedure set forth in this section. 3. Areas Zoned PD. The viewshed review process would not apply to properties situated in approved planned developments with required architectural review of all new or remodeled residences by the city or by the development's board. ------ --. ---------.. .~_.--- __n__a____...__ ~...._- D. Submittal and Review Requirements. 1. An application for a minor use pennit for viewshed review shall be filed with the Community Development Director and shall be accompanied by the following: a. Completed planning application fonn and required fee and attachments (see also Section 16.12.030); b. The following drawings, graphics or illustrations signed by the architect, draftsperson, designer, engineer or person designing the plans in accordance with all applicable state and city laws: 1. Five blueprints of the plot plan drawn to an engineer's scale (1:30 minimum allowed without approval) and folded to nine inches by twelve (12) inches size showing: (A) The address (location) of the project, scale of the illustration, date of proration and/or revision, and name of the applicant, (B) Dimensioned property lines and all building setbacks, (C) Location, name and width (including required widening) of adjacent streets, (D) Existing and proposed public and private easements, (E) All proposed improvements and existing improvements that will be retained, (F) Access and circulation of pedestrians and vehicles, (G) Location of walls, fences, and exterior lighting structures, (H) Planted areas and outdoor-use areas, (I) Location, type, trunk and canopy diameter, and status (e.g., to be removed, saved or relocated) of all trees over three inches in diameter; c. Building height and elevation data for the proposed structure or addition and for existing structures on adjacent and surrounding properties; d. Photographs of project site and surrounding views; e. At the discretion of the Community Development Director, cross- sections drawn to a true scale for both vertical and horizontal dimensions, which include adjacent property and structures, if necessary to evaluate viewshed impacts. The location of the cross- sections shall be keyed to the site plan by labeled section lines. 2. After determining the application IS complete, the Community Development Director shall review the project for environmental impacts, as set forth in the city's Rules and Procedures for Implementation of CEQA. 3. Notification Requirement. a. The Community Development Director shall mail to property owners within three hundred (300) feet of the project a notice of intent to construct an addition or structure that includes the project -.......------.-- -,-~- --------- description and location and applicant's name. The notice will include ~ statement indicating that adjacent property owners may submit comments and concerns regarding the project, in writing, during a ten (10) day review period; and that if no adverse concerns are received, the Community Development Director may approve the minor use pennit for viewshed review. The Community Development Director shall also keep the planning commission infonned of submitted applications for minor use pennits for viewshed reviews. b. Prior to approving or denying an application, the Community Development Director may solicit the recommendations and cotpInents of other public agencies, city departments, and interested groups. 4. Upon acceptance of a minor use pennit for viewshed review application, the Community Development Director shall review the request for compliance with the provisions of this title. The Community Development Director may, after the review period referenced in subdivisions (3)(a) of this subsection, approve the viewshed review request only if all of the findings of fact set forth in subsection E of this section can be made in an affinnative manner. The Community Development Director shall notify the applicant in writing of the decision. 5. If, after considering the available infonnation, the Community Development Director is unable to reach the findings of fact set forth above, the application shall be referred to the architectural review committee for a recommendation. If findings still cannot be made in an affinnative manner, the project shall be scheduled for a public hearing before the Planning Commission at their next available meeting. Notice of the public hearing shall be given in accordance with Section 16.12.160 of this title; however, only property owners within three hundred (300) feet of the project need be notified. The applicant shall submit an additional fee established by resolution to cover the cost of publishing and mailing the notice and additional copies of exhibits. In approving an application for a viewshed review pennit, the planning commission shall make the findings of fact outlined above. 6. The planning commission shall be infonned of all minor use pennits for viewshed reviews approved by the Community Development Director and how any objections were resolved. 7. The decision of the Community Development Director or planning commission shall be filed with the city clerk, public works department, and building department. E. Required Findings. The Community Development. Director or planning commission may approve an application for a minor use pennit for viewshed review only if all of the following findings of fact can be made in an affinnative manner: 1. The proposed structure is consistent with the intent of this section; 2. The proposed structure is consistent with the established scale and character of the neighborhood and will not unreasonably or unnecessarily affect views of surrounding properties; 3. The proposed structure will not unreasonably or unnecessarily interfere with the scenic view from any other property, judged in light of permitting reasonable use and development of the property on which the proposed structure or expansion is to occur. F. Conditions of Approval. In granting a minor use permit for a viewshed review, the Community Development Director (or planning commission) may impose such conditions as may be deemed necessary and desirable to protect the health, safety, and general welfare, in respect to the facts listed in subsection E of this section. 16.16.190 Minor Use Permit -Larsr:e Familv/ Adult Dav Care. A. Purpose and Intent. The minor use permit for large family/adult day cares is intended to facilitate development of large family day care homes and adult day care in compliance with Sections 1597.40 and 1597.46 of the Health and Safety Code of the State of California. It is further intended to protect the surrounding neighborhood from impacts relating to noise, traffic, parking, and spacing and concentration. B. Authority. The community development director is authorized to approve a minor use pennit for large family or adult day care, subject to the appeal provisions of Section 16.12.150 of this title. A public hearing shall not be required. A minor use permit for large family or adult day care is not a. project subject to CEQA review (Health and Safety Code Section 1547.46). C. Submittal and Review Requirements. 1. An application for a minor use permit for large family or adult day cares shall be filed with the community development director and shall be accompanied by the following: a. Completed planning application fonn and required fee and attachments (see also Section 16.12.030); b. Five copies of a plot plan drawn to a standard engineer's scale (approval necessary for use of scale smaller than 1 :30, Le., 1 :40 or 1 :50) and with a north arrow showing: 1. Location, exterior boundaries, and dimensions of the entire property that is the subject of the application, and location and dimensions of all buildings and structures on the property, 11. Location and dimensions of passenger loading/unloading areas, lll. Location and dimensions of existing or proposed on-site parking facilities, IV. Location, height, materials and colors of all existing and proposed walls, v. Location and description of any outdoor play areas; ---~-_._-_.- -.......-- -.-.-----------...- 2. Upon acceptance of a minor use pennit application for a large family or adult day care, the community development director shall review the request for compliance with the provisions of this title, in particular, Section 16.52.120. 3. Not less than ten (10) days prior to the date on which the decision will be made on the application, the community development director shall give notice of the proposed use by mail to all property owners within a three hundred (300) foot radius of the project. 4. The community development director shall make a written decision and shall clearly state any conditions of approval or reasons for denial and applicable appeal provisions of the title. D. Required Findings. The community development director shall make all of the following findings prior to approving a minor use permit application for a large family or adult day care: 1. The proposed large family or adult day care home complies with the standards, restrictions, and requirements contained in Section 16.52.120 of this title; 2. The proposed large family or adult day care home complies with all applicable provisions of state law. 16.16.210 Minor Use Permit - Architectural Review. A. Purpose and Int~nt. The minor use permit process for architectural review is intended to implement general plan design policies and other adopted policy and design guidelines and documents that stipulate standards, regulation, and guidelines governing design. The city is a city with unique characteristics, ideal climate conditions, spectacular natural vistas, and dynamic natural features. Further, the appearance of buildings, structures, signs, and the land has a material and substantial relationship to property values and the taxable value of property in the city. In order to protect the economic welfare of the community, it is the policy of the city council to maintain and enhance the social and economic values created by past and present investments in the community, by requiring all future development to respect these traditions, and by requiring that all buildings and structures placed on the land respect the natural land fonns and become compatible part of the total community environment, both in the local neighborhood and the city as a whole. The purposes of architectural review are to ensure the following: 1. That the location and configuration of structures developed within the city are visually harmonious with their sites and with natural landforms and surrounding site, structures and streetscapes; 2. That the proposed design produces harmonious transitions in both the scale and character of development between adjacent land uses; 3. That site access and circulation thereon is safe and convenient for pedestrians, bicyclists and vehicles; 4. That sensitive areas, structures and sites as defined in this section, are designed with respect to notable features of the project site; - ------- ._~----_...._._.._- ~- 5. That building, site and architectural design is accomplished in an energy efficient manner shall be respected in all site, building and architectural design; 6. That the materials, textures, colors and details of proposed construction are an appropriate expression of the design concept and function, and are, to the extent feasible, compatible with the adjacent and neighboring structures and functions; 7. That development proposals do not unnecessarily block scenic views from other buildings or from public ways, or visually dominate their surroundings with respect to mass and scale, to an extent inappropriate to their use; 8. That the amount and 8.IT8Ilgement of open space and landscaping conforms to the requirements of this title, provides visually pleasing settings, and is appropriate to the design and function of the structure, site, and surrounding area; 9. That the design and location of signs and their materials and colors are consistent with the scale and character of the buildings to which they are attached or are located on the same site, and to ensure visual hannony between signs and surrounding developments; 10. That excessive and unsightly grading of hillsides does not occur, and to ensure the preservation of the character of naturallandfonns and existing vegetation where feasible; 11. That excellence in architectural design is maintained in order to enhance the visual environment of the city and to protect the economic value of existing structures; 12. That historically significant structures and sites are developed in a manner consistent with their historic values; 13. That the public health, safety, convenience, comfort, prosperity, and general welfare are protected; 14. That development plans comply with applicable policies, standards, ordinances, and design guidelines. B. Authority. The architectural review committee is authorized to make recommendations to the community development director, pl~g commission or city council. Minor use permits applications for architectural review shall be approved by the decision-making body acting on the permit or approval requiring architectural review pursuant to this title. The community development director may approve minor architectural review for projects that are subject to his or her approval authority without. requesting the architectural review committee to provide a recommendation. C. Applicability. Architectural review shall be conducted for new construction in commercial and industrial zones, new construction in the Historic Character Overlay district and of multiple family residences, and whenever required by this title. D. Findings. The planning commission, city council, or community development director, where authorized, may approve a minor use permit for architectural review only if all of the following findings of fact can be made in an affirmative manner: 1. The proposal is consistent with the architectural guidelines of the city, or guidelines prepared for the area in which the project is located; 2. The proposal is consistent with the text and maps of the Arroyo Grande general plan and this title; -..-- _~____m_ - --.-.----.-."--------- 3. The proposal will not be detrimental to the health, safety, comfort and general welfare of the persons residing or working in the neighborhood of the proposed project; 4. The general appearance of the proposal is in keeping with the character of the neighborhood; 5. The proposal is not detrimental to the orderly and harmonious development of the city; 6. The proposal will not impair the desirability of investment or occupation in the neighborhood. 16.24.010 Created. In order to provide a uniform basis for regulating the use of land, buildings and structures, and to establish minimum site development regulations and performance standards applicable to sites within the city, the city is divided into the following zoning districts: A. Agricultural Districts: 1. General agricultural (AG) district; 2. Agricultural preserve (AP) district. B. Residential Districts: 1. Residential estate (RE) district; 2. Residential hillside (RH) ~strict; 3. Rural residential (RR) district; 4. Residential suburban (RS) district; 5. Single-family residential (SF) district; 6. Village residential (VR); 7. Condominium townhouse (MF) district; 8. Multifamily apartment (MFA) district; 9. Senior housing (SR) district; 10. Mobilehome park (MHP) district. C. Commercial and Mixed Use Districts: 1. General commercial (GC) district; 2. Village Core Downtown (VCD) district; 3. Village Mixed Use District (VMU) district; 4. Office professional (0) district; 5. Highway commercial (HC) district. D. Industrial Districts: 1. Industrial (I) district. E. Special Districts: 1. Planned development (PD) district; 2. Specific plan (SP) district; 3. Public/quasi-public (PF) district; 4. Flood damage prevention (FH) overlay district; 5. Design development (D) overlay district. --"-- ---^-.-....--- _._~-- ----'- 06.24.020 AdoDtion of Zonine: MaD. The boundaries of the zoning districts established pursuant to Section 16.24.010 are delineated upon that certain map entitled "Zoning Map of the City of AIroyo Grande," sometimes referred to as the "zoning map." The zoning map, together with all legends, notations, references, boundaries, and other infonnation thereon, is incorporated into this title by reference. The official current zoning map shall be kept on file with the Director of Administrative Services and Community Development Director and shall be made available to the public. Changes in the boundaries on any district shall be made by ordinance pursuant to Section 16.16.040 of this title, and shall be reflected on the zoning map. The Director of Administrative Services shall be responsible for keeping official records relative to zoning map amendments. 16.24.030 Determination of Zonine: District Bound,rj". A. Wherever a lot or site is divided by the boundary between districts, the regulations applicable within each district shall apply to each portion of the site situated in a separate district. B. The following rules shall apply for detennining the boundaries of any district on the zomng map: 1. Where boundaries are indicated as approximately following street and alley lines or other identifiable property or boundary lines, such lines shall be construed to be the district boundary. Where boundaries are indicated as within a street or alley, the center line thereof shall be construed to be the district boundary. 2. In unsubdivided property, where a district boundary divides a lot, the location of the district boundary, unless the same shall be indicated by dimensions, shall be generally detennined by the Community Development Director by use of the scale appearing on the official zoning district map. 3. A symbol or symbols indicating the classification of property on the zoning district map shall in each instance apply to the whole of the areas within the zoning district boundaries. 4. Where a public street, alley or right-of-way is officially vacated or abandoned, the regulations applicable to abutting property shall apply equally to each half of such vacated or abandoned street, alley or right-of-way. Chapter 16-36 COMMERCIAL AND MIXED USE DISTRICTS 16.36.010 PurDose and Intent. The general plan outlines goals, objectives and policies regarding the character of commercial uses and development. 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. These commercial areas, or districts, must be conveniently located, efficient, attractive, and have safe and easy pedestrian and vehicular circulation in order to serve the retail and service commercial needs of AIroyo Grande residents and businesses. -~- -----,",-._----------- In addition to the above. the commercial and mixed use districts are included in the zoning regulations to achieve the following purposes: A. Provide appropriately located areas for office uses, retail stores, service establishments, and commercial commodities and services required by residents of the city and the surrounding market area; B. Encourage the concentration of office and commercial uses for the convenience of the public and to secure a more mutually beneficial relationship to each other; C. Provide adequate space to' meet the needs of modem commercial development. This includes off-street parking and loading areas; D. Minimize traffic congestion and to avoid the overloading of utilities by preventing the construction of buildings of excessive size in relation to the amount of land around them; and E. Promote high standards of site planning, architecture and landscape design for office and commercial developments within the city. F. Promote compact community design to enhance safety and reduce auto travel by providing shopping services, jobs and housing in proximity. 16.36.020 Commercial and Mixed Use Development Districts aDd Site DeveloDment Standards. A. General Commercial (GC) District. The primary purpose of the general commercial (GC) district is to provide for the general shopping needs of area residents and workers with a variety of retail and commercial services. Typical uses include, but are not limited to. general retail, food markets. commercial services, professional offices, hotels/motels. restaurants. and home improvement centers. Se.e Table 16.36.030-A for more info11Jl$on for allowable uses and Table 16.36.020-C for minimum site development standards for commercial development within commercial districts. B. Village Core Downtown (VCD) District. The primary purpose of the VCD district is to provide for a combination of commercial. office, upper-story residential uses and compatible related development to promote pedestrian use and enjoyment of the downtown Village area. Regulations for the VCD district combined with the Historic Character Overlay district, promote and preserve older architectural styles compatible with the historical, small-town nature of Arroyo Grande. Typical uses may include, but are not limited to. second-story residential and office, specialty retail and studios such as art galleries. book-stores. antique stores. flower shops, personal services, small markets and restaurants (without drive-through windows). The VCD district implements and is consistent with the Village Core land use designation of the General Plan. See Table 16.36.030-A-l for allowable uses and Table 16.36.020-A for minimum site development standards _________a_~ "- - Table 16.38.020-A V Ct 1. Maximum Densi Mixed Use Pro acts 15 dwell' units 2. Minimum Lot Size 2500 uare feet 3. Minimum Lot Width 25 feet 4. Front Yard Setback o - 15 feet Structures typically built at back of sidewalk. Exceptions Include entrance courtyards and 81'888 for outdoor dining determined through dllcretlonary review. 5. Rear Yard Setback 0-15feet 6. Side Yard Setback o feet 7. Street Side Yard Setback 0-15feet 8. Building Size Umits Maximum height Is 30 feet or three stories, whichever Is less; a muimum of 36 feet Is allowable through the MUP process. Maximum Building Size is 20,000 square feet 9. Site Coverage Maximum coverage of site that may be covered by structures and pavement Is 100%. Maximum Floor Area Ratio is 2. Floor Area Ratio of 2 10. Site Design See Design Guidelines and Standards for Historic DIstricts 11. Off-Street Parking and Loading See Parking and Businela Improvement District Plan In SectIon 16.. .020 12. Signs See SectIon 16.60 and DeIign GuIdeHnes and Standards for Hl8toric 0i8trIcts C. Village Mixed Use (VMU) District. The primary purpose of the VMU district is to provide for a mixture of commercial, office and residential uses compatible with surrounding residential districts, in small-scale pedestrian-oriented developments. Regulations for the VMU district combined with the Historic Character Overlay district promote and preserve older architectural styles, and encourage a hannonious --- _._--~---- ---.',.,.- --~-_.._------ intenningling of other structures. This district encourages use of existing residential buildings for non-residential uses. Typical uses may include single and multiple family residential, specialty retail sales, professional offices, personal services and neighborhood markets. See Table 16.36.030-A-l for allowable uses and Table 16.36.020-B for minimum site development standards. Tab.e 1..... 1. Maximum Densi Mixed Use Pro acts r I'08S acre 2. Minimum Lot Size 3. Minimum Lot Width 4. Front Yard Setback 5. Rear Yard Setback 6. Side Yard Setback o feet unless a project is mixed use and/or abuts a reaidential dI8trict, '*' 5 feet is required for single story atrucIure8 and 110 feet Is required, on one side, for a multiple stories. 7. Street Side Yard Setback 0-15 feet. 8. Building Size Umits Maximum height Is 30 feet or ttne stories, whichever is less; a maximum of 36 feet Is alloWable through the MUP process. Maximum BuDding Size Is 10,000 square feet. 9. Site Coverage Maximum ooverage of lite that may be oovered by structures and pavement is 100%. Maximum Floor Area Ratio Is 1. 9. Site Design See Design Guidelines and Standards for Historic Districts. 10. Off-Street Parking and Loading See Parking VMU and HCO combining district In Section 16.56. 2Q.C. 11. Signs See Section 16.60 and Design GuldeHnes and Standards for Hiatoric Di8tricta. ___m___ D. Office Professional (0) District. The primary purpose of the office professional (0) district is to provide areas for the establishment of corporate, administrative, and medical offices, as well as commercial services that are required to support major business development. Retail facilities, such support business operations and which can take advantage of high traffic volume street frontages, are also encouraged/required. Typical uses include, but are not limited to, administrative and professional offices, business- related retail and service functions, restaurants (no drive-through windows), health clubs, financial institutions, medical and health care facilities and vocation and trade schools. See Table 16.36.030-A for more information for allowable uses and Table 16.36.020~C for minimum site development standards for commercial development within commercial districts. E. Highway Commercial (HC) District. The primary purpose of the highway commercial (HC) district is to provide areas for a variety of visitor~serving and auto-related uses in areas along major travel routes. Typical uses include, but are not limited to, administrative and executive offices, financial services and institutions, recycling facilities, department stores, food stores and supermarkets, home improvement stores, restaurants, vehicle sales, auto-related repair and service, and hotels/motels. See Table 16.36.030-A for more information for allowable uses and Table 1636.020~C for minimum site development standards for commercial development within commercial districts. .----- - .--,,- -_._----~._---- ~~_.__...._...._,- -- Table 16.36.020-c Lot area, in s uare feet Lot width Lot de th 08 08 08 15 15 15 08 08 08 45% 45% 45% 0.5 0.5 0.5 30 or2 30 or2 30 or2 stories stories stories whichever whichever is whichever is is less less less 11. Maximum buildin size, in s uare feet 102,500 102,500 102 500 Notes to Table 16.36.020-C: · larger setbacks may be required based on special requirements listed in Section 16.36.020.H., surrounding development, or building code regulations. b. No new structure, expansion of an existing structure to an adjacent structure or modifICation of an existing structure shall be permitted nor shall any business license or other permit be issued or renewed, that would allow the creation of a retail store or business with a total space occupying more than one hundred two thousand five hundred (102,500) square feet in the GC, HC, and OP districts. F. Historic Character Overlay (HCO) District. The primary pwpose of the historic character overlay (HCO) district is to identify, promote, preserve and protect the historic, cultural, and/or architectural resource values and encourage compatible uses and architectural design. The architectural review committee is responsible for advising the community development director on historic, cultural, and/or architectural component of projects. The historic character overlay district implements and is consistent with the village core land use category of the general plan. G. General Requirements. 1. The creation of new lots within mixed use or commercial districts following the date of adoption of this title shall conform to the minimum dimensions, except in the case of condominium lots or individual lots within a shopping center, in which case minimums shall be established by Conditional Use Permit and/or subdivision map approval provided: ~_..._-_..__..._---- ~-~- __nn _ ____.._~~ ~~ -_.~_._---- a. A conceptual development plan for the entire center has been approved pursuant to the provisions of this title; b. Appropriate easements for reciprocal access, parking and maintenance are recorded, and maintained. H. Special Requirements Mixed Use and Commercial districts. 1. Unless specified differently in section 16.36.020, wherever a lot in any mixed use or commercial district abuts 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. A minimum often (10) feet of this setback area shall be landscaped; the remaining area may be used for required off-$treet parking. 2. Unless specified differently in section 16.36.020, in any mixed use or commercial district, a two-story addition closer than fifty (50) feet to an existing single family residence shall require a minor use permit prior to issuance of a building permit. 3. Where off-street parking areas are situated such that they are visible from the street, an earthen benn, wall, or combination walVberm three feet in height shall be erected within the required landscape area to screen the parking areas. 4. In all mixed use or commercial districts, 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. A minimum landscaped area five (5) feet in depth shall be provided between the property line and the off- street parking area, with additional landscaped area between the parking area and the building, unless otherwise approved by Minor Use Permit. 5. A street side building setback area shall be used only for landscaping, pedestrian walkways, or driveways. Required rear and interior side building setback areas shall be used only for landscaping, pedestrian walkways, or driveways, unless otherwise approved by Minor Use Permit. 16.36.030 Commercial and Mixed Use Re2ulations. A. Permitted uses within c9mmercial districts in the city are identified in Table 16.36.030-A. 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 Commercial Districts Please note that the following table is an interim summary until existing GC, 0 and HC districts are amended to incorporate mixed use and other clarifications/changes. Legend PIP PIC These may be permitted (P), permitted with minor use permit (PP) or require a conditional use permit (C). See Section 16.16.050 and/or 16.36.050 for additional information. P Permitted PP Permitted Subject to minor use permit NP Not Permitted GC General Commercial 0 Office Professional HC Highway Commercial Table 16.36.030-A Professional OffIce and Related Uses Administrative and executive offices PIP PIC P/PP/C PIPP/C Artist and photographic studios, not P/PP/C P/PP/C NP including the sale of equipment or su lies 3. Artist and photographic studios, including P/PP/C NP NP the sale of ui ment or su lies 4. Clerical and rofessional offices PIP PIC P/PP/C P/PP/C 5. Financial services and institutions PIP PIC P/PP/C P/PP/C 6. Medical, dental, and related health PIP PIC P/PP/C NP services for humans, including laboratories, clinics, and the sale of articles clearly incidental to the services rovided 7. Political or philanthropic organization PIP PIC P/PP/C P/PP/C head uarters 8. Prescription pharmacies, when located PIP PIC PIP PIC NP within a building containing the offices of medical ractitioners 9. Travel a encies PIP PIC P/PP/C P/PP/C 10. Tel ra h and tel ram offices PIP PIC P/PP/C NP B. IndustrlaUResearch and Development Uses 1. Materials dealers P/PP/C NP NP 2. News a r rintin and ublishin PIP PIC NP NP 3. Recycling facilities, including reverse PP NP PP vendin machines and small collection ~----,.._.__.._..--..._.....- facilities.. 4. Sign painting shops within a . P/PP/C NP NP comDletely enclosed buildinQ C. Commercial Uses 1. Adult businesses C NP C 2. Ambulance service P/PP/C PIP PIC P/PP/C 3. Antiaue shops PIP PIC NP PIPP/C 4. ADDarel stores (sales) PIP PIC NP NP 5. Art galleries; music studios; and art, P/PP/C P/PP/C NP music and DhotoaraDhic SUDDly stores 6. Appliance stores and repair PIP PIC NP NP 7. Arcades.. P/PP/C NP NP 8. Bakeries (retail onlv) P/PPIC NP NP 9. Barber and beautY shoDs P/PP/C NP NP 10. Bicvcle ShODS (nonmotorized) P/PP/C NP NP 11. Blueprint, photocopy, and offset printing PIP PIC PIP PIC NP services 12. Book, gift and stationarv stores PIP PIC PIP PIC NP 13. Candy stores and confectioneries P/PP/C NP NP 14. Caterina establishments PIP PIC PIPP/C NP 15. CleaninQ and Dressinc establishments P/PP/C NP NP 16. Dairy products stores PIP PIC NP NP 17. Department stores PIP PIC NP . P/PP/C 18. Drug stores and pharmacies not within a PIP PIC PIP PIC NP building containing the offices of medical practitioners 19. Electronic eauipment sales and service P/PP/C NP P/PP/C 20. Feed and tack stores PIP PIC NP NP 21. Floral shoos PIP PIC P/PP/C NP 22. Food stores and supermarkets P/PP/C NP P/PP/C 23. Fumiture stores, reDair and upholstery P/PP/C NP NP 24. General retail stores P/PP/C NP NP 25. Hardware stores PIPP/C NP NP 26. Hobby shops PIP PIC NP NP 27. Home improvement stores (indoor) PIP PIC NP P/PP/C 28. Home improvement stores (outdoor) PIP PIC NP P/PP/C 29. Janitorial services and sUDDlies P/PP/C NP NP 30. Jewelrv stores PIP PIC NP NP 31. Kiosks (e.g., parking lot film PIP PIC NP PIPP/C processina and kev shoes) 32. Laundry pick-up and delivery agencies; PIP PIC NP P/PP/C self-service laundries 33. Liauor stores PIP PIC NP NP 34. locksmith shops PIP PIC NP PIPP/C 35. NewsDaDer and macazine stores PIP PIC P/PP/C NP -- --~- ---. P/PP/C P/PP/C NP P/PP/C P/PP/C NP P/PP/C NP NP P/PP/C NP NP P/PP/C NP NP P/PP/C NP P/PP/C P/PP/C NP NP P/PP/C NP P/PP/C P/PP/C NP NP P/PP/C NP NP P/PP/C NP NP P/PP/C P/PP/C P/PP/C P/PP/C NP NP P/PP/C NP P/PP/C P/PP/C P/PP/C PIPP/C P/PP/C P/PP/C P/PP/C P/PP/C NP P/PP/C P/PP/C P/PP/C P/PP/C P/PP/C P/PP/C P/PP/C NP P/PP/C NP P/PP/C P/PP/C NP P/PP/C P/PP/C NP NP NP P/PP/C NP NP P/PP/C NP NP P/PP/C NP NP P/PP/C NP NP PIPP/C NP NP PIPP/C NP NP P/PP/C NP NP P/PP/C 3. Automotive washing (mechanical or NP self-service 4. Tire sales and service NP NP P/PP/C J. HotellMot..1 1. Bed and breakfast inns P/PP/C PIPP/C PIPP/C 2. Hotels and motels (subject a maximum P/PP/C NP PIPP/C densi 40 uest rooms er acre K. Unclasslfted Uses 1. Athletic and health clubs P/PP/C P/PP/C NP 2. Commercial recreation facilities P/PP/C P/PP/C P/PP/C 3. Commercial recreation facilities P/PP/C NP P/PP/C outdoor ** 4. Mortuaries and cemeteries P/PP/C NP P/PP/C 5. Ministora e for ublic use P/PP/C NP P/PP/C 6. Surface rkin facilities commercial ** PP PP PP 7. Recreational vehicle ark NP NP P/PP/C 8. Theaters, including both motion picture PIP PIC NP PIPP/C and live rformin arts 9. Trans rtation facilities PIP PIC P/PP/C P/PP/C L. PublldQuasl-Publlc Uses 1. Churches P/PP/C P/PP/C NP 2. Clubs I es fraternities and sororities PIP PIC PIPP/C NP 3. Day nurseries, nursery schools, and P/PP/C P/PP/C NP child care facilities 4. Educational institutions (including P/PP/C P/PP/C NP ublic and rivate vocational schools 5. Fire and lice stations PIP PIC P/PP/C PIPP/C 6. Post office branches PIPP/C P/PP/C PIPP/C 7. Public libraries and museums P/PP/C P/PP/C PIPP/C 8. Public utilities and pl!blic service PIP PIC P/PP/C P/PP/C substations, reservoirs, pumping plants, and similar installations, not including public utili offices M. R..ldentlal Uses 1. Congregate care, assisted living, and P/PP/C P/PP/C NP convalescent homes 2. Multiple-family residential uses located NP P/PP/C NP above a rrnitted commercial or office use 3. Historic residential uses NP NP NP 4. Commercial use allowed in NP NP NP districtlexistin historic residential use 5. Homeless shelters withi~ religious or P/PP/C P/PP/C PIPP/C social 01'1 anization build in s N. Temporary Uses P p P (Subject to the provisions of Section 16.16.100, and the issuance of a Tem ora Use Permit O. Accesso Uses 1. Accessory uses and structures located on PP PP PP the same site as a ermitted use 2. Accessory uses and structures located on PP PP PP the same site as a use requiring plot plan review 3. Accessory uses and structures located on P/PP/C PIP PIC P/PP/C the same site as a use requiring a conditional use ermit P. Other uses similar to, and no more P/PP/C PIP PIC P/PP/C objectionable than the uses Identified above, as determined by the Planning Commission Table 16.36.030-A1 Uses Permitted Within Commercial and Mixed Use Districts (Development Code Update 2003) Uses Permitted Within Mixed Use and Commercial Districts VCD = Village Core Downtown VMU = Village Mixed Use HCO = Historic Character Overlay District (Design Overlay District 2.4) P = permitted use MUP = Minor Use Permit CUP = Conditional Use Permit NP = Not Permitted PED = Not permitted in pedestrian oriented storefront locations Table 16.36.030-A1 Allowed Land U.e. Permit Required By District Specific Use and Permit All new commercial bulldlnos requite a Conditional Use Permit. StIIndard. Reaulrements LAND USE ""1."." ......1 VCD VMU r ..'E,t,., HCO [if;ilf ......1..5 A. Services - Bu~ness, Financial, Professional ATM MUP MUP .'. '.;;. Bank MUP MUP . .... Financial Services ... Medical Services - MUPI MUP doctor's office . PED Medical ServIces - CUPI MUP clinic lab uroent care PED Medical - hosDitaI NP NP OffIce - accessorv MUP MUP ....... OffIce . aovemment MUP MUP '....' OffIce . Drocessina CUP MUP OffIce - Drofessional MUP MUP' Veterinary clinic. NP CUP animal hosoital B. Services - General Adult day care - MUPI MUP .......... 16.52.120 14 or fewer clients PED... .:,;. ;;.... ... Adult day care - NP NP ....... 16.52.120 15 or more clients; Automotive and NP NP" 16.52.210 vehicle services - Major repair or body work Automotive and NP NP 16.52.210 vehicle services - minor maintenance or repair Including tire services I ... . , ----- ..----. Allowed Land Uses Permit Required By District Specific Use and Permit All new commercial bulldlnas require a Condlt/onal Use Pennlt Standards Re~lrements LAND USE _<111 ,... ... i.. VCD I VMU HCO "~- Catering services MUPI MUP z,.. . .... ."z,,""~ PEe i., '."t Child day care center- MUPI MUP . 14 or fewer PEe ... Child day care center - MUPI MUP 16.52.120 15 or more PEe Drive-through services NP CUP .,\ Equipment rental NP CUP ~. . t.,.... Kennel, animal NP CUP 16.52.100 boardlrJg Lodging-Bed & MUP MUP ..... 16.52.080 breakfast Inn ,.. Lodging-Hotel or motel CUP CUP ...., Lodging-Recreational NP NP . Vehicle (RV) Park Maintenance servlces- NP MUP client site Services Mortuary, funeral NP NP home Personal services MUP MUP ... Personal servlces- NP NP 16.52.030 Restricted Public safety facility MUPI P PEe Repair service- NP CUP Equipment, large appliances etc. Social services NP CUP Ql1lanization Tele-communlcation NP CUP faciUties (commercial) C. Industry, Manufacturing & Processing, Wholesaling, Storage Agricultural product NP CUP processing Construction NP NP contractors . Furniture and fixtures NP NP manufacturing, cabinet shop Industrial research and NP NP development Laboratory - Medical, NP NP analytical. research ... and develooment Manufacturing! NP NP processing - Heavv :,. Manufacturing or NP NP Processing - Light ~-~ -~. - Allowed Land Uses Permit Required By District Specific Use and Permit All new commercial bulldlnos require a Conditional Use Permit Standards Reaulrements 1IU..1 MI!I"2 ..... .. VCD YMU .'.-. .\1. ..0..0.. LAND USE .'1:- iW HCO ... Prlntina and Dubllshing NP NP . ... .. . Recycling - scrap and NP NP .... dlsmantllna yard ... Recycling - Small MUP MUP .. ~>io.. collection facility IPEe .. . Storace - Outdoor NP NP . ... .. .... .... .... Storage (mlni- NP NP , storage) Wholesaling and NP NP distribution <i Winery NP NP .... ... .-.. . D. Retail Trade Accessory retail uses P P ~. Subject to BusIness UC81'188 cleerance Alcoholic beverage CUP CUP sales , Artisan ShOD MUP MUP ... Auto, vehicle and NP NP 16.52.060 heavy equipment sales 16.52.070 & rental Auto, vehicle parts NP NP sales wi Installation services Building and CUP CUP landscape materials sales-indoor Convenience store MUP MUP Drlve-throuah retail NP NP Extended hour retail MUP MUP Farm supply and feed NP CUP store Farmers market MUP MUP :. Fuel dealer NP NP ...... (propane for home and farm use) .. Gas station NP NP <.. ...... 'i>. .. ........, 16.52.170 General retall-5,OOO sf P P :. ..... ......... Subject to or less ... BuaIness Ucense .... cIe8rance General retall- MUP CUP v.. 5001 to 19999 sf General retail- NP NP 20, 000 sf to 102,500 sf - - --_._--~--~ Allowed Land U.e. Permit Required By District Specific U.. and Permit All new commercial bulldlnas require a Conditional Use Permit Standards R~ulrements LAND USE ".1 UN .... 11M VCD YMU HCO '."".",. Groceries, specialty CUP CUP :' ,..... foods-20, 000 sf or .,. less ,~ Groceries, specialty NP NP i,. :::.7 foods 20,000 sf to 102,500 sf .},ii. Outdoor retail sales MUP MUP and activities ..t~ :21 .. Mobile home, boat, or NP NP :[i; ,.. :" RV sales .. :.L II! Produce stand MUP MUP .'... Restaunant, cafe. MUP MUP ~ 16.52.180 Coffee shem .... :e., ;;,.. Restaunant, drive- NP NP :: :,0~ 16.52.090 through fast food ... Second hand store MUP MUP 1i"") Shopping center NP CUP . Warehouse retail NP NP , 16.52.180 E. Recreation, Education & Public Assembly Uses Barltavemlnlght club CUP CUP :. ..... .,,: ',",.... Club, lodge, private MUP CUP . ;:., , meeting hall . Commercial recreation CUP CUP > or sports facility - Indoor ,SA Commercial recreation NP CUP ;.,.,. or sports facility - .... ...i. I: Outdoor >; Community center CUP CUP .. " ......, ...... '"..,.. Conferencel CUP NP .....,...}.: .". .... ... convention facility Equestrian facility NP NP ; ~.:/i/ Xl . Fitnesslhealth facility CUP CUP V,.:. C Ubnary, musaum MUP MUP ... ....... ,..... Park, playground CUP CUP V.................... ., .. Religious facility CUPI CUP ..,. .... PED .." .::,. ..... School - 8ementary, NP CUP F )'.},i;'0:;' ..:, .... middle-,- secondary ./ii ........ ;.'. ..'. , School -. SpecIalized CUPI CUP ; .... .".;,:.. ':'/..::'. ., ., educatlonltrainina PED Studio - art, dance MUP MUP .. ;;:... :/ martial arts, music. etc. ..... ; ,:.:. ... ...\ ... Theater, auditorium CUP CUP .;';1"..1': ..': .. -"- ~~._--~-- -...--,.--.----.--- Allowed Land U.e. Permit Required By District Specific Use and Permit All new commercial bulldlnos require a Conditional Use Permit Standard. Requirements LAND USE MU-1 MU02 MU'" .... VCD VMUJ .'1' ....ccif' ..",,-,.. .i..t. I HCO [ If .ilL )1...... F. Residential Uses Assisted Living CUP CUP / MU Home occupation P P MU 16.16.090 Livelwork unit .QlIJ. .. L, .... Prohibited in conjunction with restricted personal services and vehicfe malntenancel repair. Use established in new or commercial buildings must comply with appropriate occupancy separation requirements of the UBC. Multi-family housing NP CUP MU not located within a mixed use proiect Multi-family housing in MUP MUP a mixed use project IPEe Residential care facility MUP MUP IPEe l.. Residential care CUPI CUP facility I 7 or more PEe clients Single family NP MUP . residential within a mixed use Droject G. Other uses similar to, and compatible with other uses Identified ..bove, as determined by the Planning Commission, subject to a Conditional Use Permit or Interpretation B. Special Use Regulations - VCD and VMU Mixed Use Districts. 1. Residential and Non-residential Uses on the Same Floor. Non-residential uses shall be permitted on the same floor as a residential use subject to the issuance of a Conditional Use Permit, in accordance with Section 16.16.050, Conditional Use Permits, of this title. 2. Projects within the HCO District are subject to the Design Guidelines and Standards for Historic Districts (as amended) and are subject to the design review and approval process established therein. 3. Location of Residential Uses. Residential uses shall be limited to floors above street level in the VCD district. Lobbies, entryways, and other non-habitable space for residential uses shall be allowed on the street level. Exceptions may be granted for Designated Historic Structures subject to the issuance of a Conditional Use Permit, in accordance with Section 16.16.050, Conditional Use Permits, of this title. Prior to approving a Conditional Use Permit for exceptions allowed in this section, all of the following findings must be made along with the general findings required for the approval of a Conditional Use Permit: a. The exception is reasonably necessary to maintain the historical integrity of the structure b. The project meets the intent of the Design Guidelines and Standards for Historic Districts (as amended). ---~-". ----'---'-- ---_._....~-.. 4. Use of Non-residential Space. Non-residential spaces shall consist of uses that serve clients and patrons that visit the site. These spaces may not be exclusively used for storage for other businesses or used for adjacent residential purposes. 5. Location of Parking. Parking for residential and non-residential purposes shall be located behind buildings or to the side of buildihgs when parking behind buildings is not possible. Driveways shall not access Branch Street. Off-site parking may be allowed by CUP within 200 feet of the uses served, or by public parking provided for properties within the Parking and Business Improvement District (PBID). 6. All discretionary land use approvals shall include Fire Chief review addressing a contribution towards the ultimate goal of fire sprinklers in all buildings in the VCD and VMU districts. Complete fire systems, bonding for future installations, or partial installations shall be required. C. Residential densities in mixed-use zones. 1. This title limits the maxim~ residential density for each mixed-use zone; however, the density allowed for any residential project within the. City may be varied through the appropriate discretionary review process, when discretionary review is provided for in this title. The Community Development Director, Planning Commission, and/or City Council shall have the authority to reasonably condition any residential development subject to discretionary review to ensure proper transition to and compatibility with adjacent developments, existing or proposed. 2. For the purpose of mixed use development, residential density is defined as follows: .~.. 11-. LivelWork Unit .5 Studio .5 1-bedroom .75 2-bedroom 1 3-bedroom 1.5 4-bedroom 2 ---.~-~- .._~--- ---~ 16.48.050 Convenion of Residential Structures to Nonresidential Use. No structure originally designed as a residence, hotel or motel, or as an accessory structure or addition to a residence, shall be used for any commercial or office uses unless the building and site are improved to meet all code requirements for an office or commercial development. This includes but is not limited to building code, fire code, and zoning ordinance requirements. Such a conversion shall be subject to a Minor Use Permit pursuant to Section 16.12.060. 16.48.060 DeveloDment Density. The general plan classifications specify the maximum allowable development density per gross acre of land owned in fee by the applicant (including street right-of-way that would revert to the property owner if abandoned). Rounding up to the next whole number is not applicable when figuring density except when calculating density for the provision of affordable housing or for mixed use districts where rounding to the next half number is appropriate. Density for Mixed Use districts is discussed in Section 16.36.050. 16.48.065 Mixed Use Projects. This section provides standards for the design of mixed used projects. A. Design considerations. A mixed used project shall be designed to achieve the following objectives. 1. Potential noise, odors, glare, pedestrian traffic, and other potentially significant impacts on residents shall be minimized to allow a compatible mix of residential and nonresidential uses on the same site. 2. The design of the mixed use project shall take into cpnsideration potential impacts on adjacent properties and shall include specific design features to minimize potential impacts. 3. The design of a mixed-use project shall ensure that the residential units are of a residential character, and that privacy between residential units and between other uses on the site are maximized. 4. The design of the structures and site planning shall encourage integration of the street pedestrian environment with the non-residential uses through the use of plazas, courtyards, walkways, and street furniture. Design amenities shall encourage travel by walking, bicycling and public transit. 5. Site planning and building design shall be compatible with and enhance the adjacent and surrounding residential neighborhood in terms of scale, building design, color, exterior materials, roof styles, lighting, landscaping and signage, to preserve the rural nature and small town character of Arroyo Grande. B. Mix of Uses. 1. A mixed use project may combine residential uses with any other use allowed in the applicable zoning district by Section 16.36.030, provided that where a mixed use project is proposed with a use required by Section 16.36.030 to have Minor Use Permit or Conditional Use Permit approval in the applicable zoning district, the entire mixed use project shall be subject to that permit requirement. ---~ .>_.._--~"...__._- ----.. --- ~---_.._-----'---' 2. For substandard lots, a mixed-use project that provides commercial and/or office space on the ground floor with residential units above (vertical mix) is encouraged over a project that provides commercial structures on the front portion of the lot with residential uses placed at the rear of the lot (horizontal mix). C. Site layout standards. Each proposed mixed-use project shall comply with the property development standards of the applicable zoning district, and the following requirements. 1. Open space. A minimum of 350 . feet of any combination of public or private open space shall be required for each residential unit and be pennanently maintained. 2. Loading areas. Commercial loading areas shall be located as far as possible from residential units and shall be screened from view from the residential portion of the project to the extent feasible. 3. Refuse and recycling areas. Areas for collection and storage of refuse and recyclable materials shall be located on site in locations that are convenient for both the residential and non-residential uses. D. Perfonnance Standards. 1. Lighting. Lighting for the commercial uses shall be appropriately shielded to minimize impacts on residential units. 2. Noise. All residential units shall be designed to mitigate impacts from non- residential project noise, in compliance with the City's noise regulations. 3. Hours of operation. A mixed-use project proposing a commercial component within 300 feet of a residential unit, that will operate outside of the hours of from 8:00am to 6:00pm shall require a minor use permit (unless the proposal involves a conditional use permit as required by section 16.36.030 A-I) to ensure that the commercial use will not interfere with the residential uses within the project. E. Requirements for Use Permit projects. A mixed use project that requires Minor Use Pennit or Conditional Use Pennit approval in compliance with Subsection B is subject to the following requirements. 1. Property development standards. The approval of a minor use permit or planned unit development for a mixed use project may include: a. Conditions of approval that require provisions and standards in addition to, or instead of the property development standards of the applicable zone district to ensure compatibility of uses and surroundings; or b. Variation or exception to standards required by the applicable zoning district, to the extent allowed by Use Permit approval in other sections of these regulations, to make particular use combinations more feasible. . , I I ---- -,-- j 2. Mandatory findings for approval. The approval of a Minor Use Permit or Conditional Use Permit for a mixed use project shall require that the review authority first make all of the following findings, in addition to the findings required for the permit approval as applicable. a. The mixed uses are consistent with the general plan and are compatible with their surroundings, with neighboring uses, and with each other; b. The design protects the public health, safety, and welfare; and c. The mixed uses provide greater public benefits than single-use development of the site. This finding must enumerate those benefits, such as proximity of workplaces and housing, automobile trip reduction, provision of affordable housing, or other benefits consistent with the purposes of this section. 3. Mandatory findings for variation or exception to standards. To allow property development standards that deviate ftom those of the underlying zone, the review authority must make one of the following findings: a. Site-specific property development standards are needed to protect all proposed uses of the site, in particular residential uses; or b. Site-specific property development standards are needed to make the project consistent with the intent of these regulations. 16.52.120.B. Permit Required. A minor use permit for large family day care (see Section 16.16.190) shall be required for any large family day care facility. Pursuant to Health and Safety Code Section 1597.46 (b), large family day care homes shall not be subject to California Environmental Quality Act review. 16.56.020.C. Village Mixed Use and Historic Character Overlay DIstrict Combining District. For the area within the boundaries of the Village Mixed Use and Historic Character Overlay District (Design Overlay 2.4), off-street parking facilities or the payment of in-lieu fees, as established by resolution, shall be provided as follows: 1. For changes in uses in existing buildings. additional off-street parking facilities required by a change of use may be reduced subject to a Minor Exception in accordance with Section 16.16.120.B.5. by payment of in-lieu fees. 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 600 sq. ft. If the addition is greater than this amount, or involves the construction of a new building, off- street parking shall be required consistent with the following: a. Off-street parking facilities consistent with requirements of Section 16.56.060; or b. A combination of off-street parking facilities and/or payment of an in-lieu fee may be pennitted through a Conditional Use Pennit. ----~---_.- -----,-----------.- - 16.56.030 Location. All off-street parking facilities shall be located to the side or rear of buildings if feasible and be accessible and usable for the associated use or activity. Parking required shall be located on site except as otherwise provided for in Section 16.56.050 of this chapter. 16.56.050 Common ParkinS! 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 two hundred (200) feet of the associated use. 1. The total parking requirement may be reduced to seventy (70) percent in all districts, except the VMU/HCO district where the reduction may be sixty (60) percent of the required standard, if 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 Ule planning commission for such a reduction. 2. As a condition of allowing common parking facilities, parties using (X)mmon parking facilities shall provide evidence of such joint use by a proper legal agreement approved by the city attorney. Such agreements when approved shall be filed with the planning and building departments and recorded with the county recorder. I ------~-- ---. ~- --._--~---._" H~ 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 California, do hereby certify under penalty of perjury, that the attached is a true, full, and correct copy of Ordinance No. 544 which was introduced at a regular meeting of the City Council on August 12, 2003; and was passed and adopted at the regular meeting of the City Council/Redevelopment Agency of the City of Arroyo Grande on the 26th day of August, 2003. I further certify that said Ordinance No. 544 was duly published in summary in accordance with the law and order of said City Council in The Five Cities Times Press Recorder, a newspaper printed and published in said City, on 22nd day of August, 2003, at least five days prior to the meeting at which it was proposed for adoption; and a copy of the summary was posted on the C.ity Hall Bulletin Board. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 28th day of August, 2003. <Jtuil~ ORE, DIRECTOR OF ADMINISTRATIVE SERVICESI DEPUTY CITY CLERK . -----.- .~----_.._- ----