O 573
ORDINANCE NO. 573
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
05-006), REVISING LAND USE. REGULATIONS AND APPROVAL
PROCESSES. TO ENSURE CONSISTENCY WITH THE ARROYO
GRANDE GENERAL PLAN
,
I 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 a public hearing on September 6, 2005
and recommended approval of the proposed amendments to the Arroyo Grande Municipal
Code for the purposes of General Plan consistency and implementation of its goals and
policies; and
WHEREAS, the City Council has considered Development Code Amendment 05-006 at a
duly noticed public hearing on September 27, 2005, 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 information and public
testimony presented at the public hearings, Planning Commission recommendations, staff
reports, and all other information and documents that are part of the public record; and
WHEREAS, the City Council finds, after due study, deliberation and public hearing, the
following circumstances exist:
A. The proposed revisions to Title 16 are required to ensure consistency with the
objectives, policies and implementation measures of the General Plan, particularly
the land use element, and is therefore desirable to implement the provisions of the
General Plan.
B. The proposed change in zone and revisions to Title 16 will not adversely affect the
public health, safety, and welfare or result in an illogical land use pattern.
C. The proposed change of zones and revisions to Title 16 satisfy the intent of
Chapters 16.04, 16.08, 16.12, 16.16, 16.20, 16.36, 16.48, and 16.52 the Municipal
Code and provide for internal consistency;
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.
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ORDINANCE NO. 573
PAGE 2
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 Sections set forth hereinbelow are hereby
amended as show~ in Exhibit "A" attached hereto and incorporated herein by this reference:
a. Amehd Sections: 16.04.070; 16.08.060.A.(15); 16.12.020; 16.12.030.C.(1) &
(7); 16.12.060; 16112.090; 16.16.060 through 16.16.210 (renumber sections); 16.20.140.A.,
8.(3) & (4); 16.2q.160.8.; 16.36.020.A., 16.36.020.0.; Table 16.36.020(D); 16.36.020.H.;
Table 16.36.020(H); Table 16.36.030(A); 16.48.070; 16.48.110.8(3); 16.52.030.C.(1); and
16.52.150.C.(12);
b. Add Section: 16.12.155
SECTION 3: All ~eferences in the Arroyo Grande Municipal Code to "planning director"
shall be changed to "community development director".
SECTION 4: If an~ 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, senten~e, or clause thereof, irrespective of the fact that anyone or more section,
subsection, subdivision, paragraph, sentence, or clause be declared unconstitutional.
SECTION 5: UPo~ adoption of this Ordinance, the Director of Administrative Services shall
file a Notice of Determination.
SECTION 6: A su!mmary 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 ~he proposed Ordinance is to be adopted. A certified copy of the full text
, of the proposed qrdinance shall be posted in the office of the Director of Administrative
Services/City Clerk. Within fifteen (15) days after adoption of the Ordinance, the summary
with the names o~ those City Council Members voting for and against the Ordinance shall
be published again, and the Director of Administrative Services/City Clerk shall post a
certified copy of th:e full text of such adopted Ordinance. . ..'
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SECTION 7: This Ordinance shall take effect thirty (30) days after its adoption.
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. On motion by Co~ncil Member Guthrie, seconded by Council Member Amold, and by the
following roll call v6te to wit: . ...
AYES: GutJrie, Arnold, Dickens, Costello
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NOES: None
ABSENT: I I
. Ferrara ,
the foregoing ordi~ance was adopted this 11th day of October, 2005. ,
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ORDINANCE No.5 73
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TONY ,~ :MAYOR .
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ATTEST: I
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, CITY CLERK
APPROVED AS TO CONTENT:
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STEVEN ADAMS, CITY MANAGER
APPROVED AS TO FORM:
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EXHIBIT "A"
[Note to codifier: please incorporate into existing Section 16.04.070 the following
deletions, amendments and [!dditions to "Definitions'l
Section 16.04.070 - Definitions.
"Drive through facility" me:ms a facility, including a restaurant, which, by its design.
allows people to receive goods and/or services while remaining in tl:1eir automobilos.
"Drive-through sales retail or services" means 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.
"Drive thru rostaurant" moans placo of businoss which salls food products or boveragos
and whicl:1: (1) dolivers such food products or bevorages to customors outsido of tho
building in which thoy aro provided by means of a service window, counter, or similar
method or device; or (2) delivers such food products or boverages to customers within a
building '.vhich is design ad in such a manner that a majority of the customers will
remove such food pr-oducts or 13evoragos from the building forconsuFFlption eithor on
the promisos or iA tho immodiate vicihity.
"Fast food restaurant" mean an establishment whose principal business is one that
offers quick food service primarily for take out. which is accomplished through a limited
menu of items already prepared and held for service, and that is characterized by hioh
automobile accessibility. self service, short stays by customers, and havino late or lonq
hours of operation (e.o. open 6:00am to 11 :OOpm or outside of those hours). GF
prepared, friod, or griddlod quickly, or heated in a device such as a micFO'.\'ave ovon.
Ordors arc genorally not tal<on at tho customer's tablo, and food is gonorally sorvod in
disposablo wrapping or containers. .
"General Retail - Restricted" means any retail store whose principal merchandise is
restricted to customers aoed eiohteen (18) years or older. not includino "adult
businesses". Examples of restricted oeneral retail include head shops and tobacco
stores.
Amend Section 16.08.060A.15:
16.08.060.A. The planning commission will review and approve the following:
15. Architectural review if necessarv; ,
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Amend Section 16.12.020 - Pre-application review.
Where requested by the applicant, or required by this title, a preapplication
consultation may be held with the staff advisory committee, architectural advisory
committee, planninq commission and/or city council to obtain preliminary comments
regarding a development project. A fee is charged for pre-application review and
completion of a conceptual plan and pre-application form is required. The applicant
should submit as much detailed information about the project as available.
Amend Section 16.12.030.C.1. and C.7.
C. Determination of Completeness.
1" No application shall be processed pursuant to this title prior to the
determination by the community development director that the application is
complete.
7. If the community development director fails to make a determination as to
completeness of an application or resubmitted application within the time period
specified by state law, the application shall be automatically deemed complete
and process processed pursuant to the provisions of this title.
Amend Section 16.12.060 - Fees.
The city council shall, by resolution, establish and, from time to time, amend by
. resolution a schedule of fees and penalties for permits, licenses, appeals, amendments,
and approvals required or permitted by this title to reimburse the city for all costs
incurred as the result of its administration of the provisions of this title. If more than one
application is beinq processed concurrently for a proiect. the application fee shall be
equal to the amount of the hicihest fee of the applications beinq requested. Unloss
speoifiGally exempted by the city council, each applioation shall be subject to the.
applicable fees even ift\vo or more applications are being processed COnGllrroAtly.
Amend Section 16.12.090 - Effective date of decision.
A decision that is subject to appeal shall not become effective for ten (10)
consecutive calendar days following the action by the appropriate decision-making body
in order to allow time for the filing of an appeal. For minor use permits reported to the
planninq commission per section 16.12.155, the effective date of decision is ten (10)
consecutive calendar days followinq the action by the community development director
or the day after the decision is reported to the planninq commission. whichever is
qreater.
Add Section 16.12.155 - Notice of Administrative Decision- Minor Use Permits;
A Notice of Administrative Decision for minor use permits. includinq anv approvals.
denials or referrals by the community development director, shall be reported on the
planninq commission aqenda. A public hearinq is not required unless an administrative
decision is appealed or called up for review by the planninq commission throuqh a
maiority vote. The planninq commission must specify the issues to be reviewed at the
meetinq at which the notice of administrative decision is presented to it. The planninq
commission shall hear and determine a decision that is called up for review in the same
manner as an appeal per Section 16.12.150.
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Chapter 16.16 LAND USE PERMITS AND APPROVALS
16.16.010 Purpose and intent.
16.16.020 General plan amendment.
16.16.030 Specific plan adoption and amendments.
16.16.040 Amendments to zoning districts and other provisions.
16.16.050 Conditional use permits.
16.16.180 16.16.060 Planned unit development permits.
16.16.110 16.16.070 Variances.
16.16.060 16.16.080 Minor use permits--Plot plan review.
16.16.10016.16.090 Minor use permits--Temporary uses.
16.16.120 16.16.100 Minor use permits--Minor exceptions.
16.16.1 dO 16.16.110 Minor use permits--Viewshed review.
16.16.1 gO 16.16.120 Minor use permits--Large family/adult day care.
16.16.21016.16.130 Minor use permits--Architectural review.
16.16.070 16.16.140 Surface mining permit.
1 e.16.080 16.16.150 Development agreements.
16.1 e.agO 16.16.160 Home occupation permits.
16.16.140 16.16.170 Administrative sign permit.
16.16.150 16.16.180 Administrative sign program.
16.1 e.160 16.16.190 Planned sign program.
16.16.17016.16.200 Mural permit.
16.16.200 16.16.210 Business license clearance.
16.16.220 Revocation of permits, licenses or approvals.
16.16.230 Reports on conformity with the general plan or an adopted specific plan.
16.16.06016.16.080 MinorUse Permit - Plot plan review.
[Amend (A), (B), (B.1.), (B.2.), (C.1.), (C.2.), (C.5.), (D), and (F)]
A. When a minor use permit 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 - plot plan review approval is required when a
development or use of land is listed in a particular zoning district as an allowable use
subiect to approval of a minor use permit (MUP) or aM the requirements listed in
Section 16.16.050(B) are met. Minor use permit - plot plan review 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 permits will be
reported to the planning commission on a consent agenda for the purposes of providing
public notice accordinq to section 16.12.155. .^. public heming is not required unless I
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In addition to instances where the provisions of this title specifically require minor
use permit review, applications that meet any of the following criteria shall also require
minor use permit review - plot plan review:
1. . Second residential units that deviate from the requirements listed in
16.52.150.C. However. certain deviations may require conditional use permit review as
determined by the community development director. (doviations from p3rking standards
require GYP approval);
2. Projects, includinq demolitions. 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 );
C. Submittal and Review Requirements:
1. Minor use permit - plot plan review applications shall contain the following:
2. Minor use permit - plot plan review in the, historic character overlay district.
5. After receipt of a completed application, the community development
director may approve a minor use permit- plot plan review application, when
the proposed project or 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, and reported to the planninq
commission in accordance with Section 16.12.155.
D. Required Findings. Minor use permit - plot plan review may be approved only
if all the following findings of fact can be made in an affirmative manner:
F. Conditions of Approval. In approving a minor use permit - plot plan review, the
community development director may impose reasonable conditions to ensure
compliance with this title.
16.16.10016.16.090 Minor use permits--Temporary uses.
[Amend (C), (C. B.); Add (C.9.) and (C. 10.)]
C. Permitted Temporary Uses. An application for a temporary use permit shall be
required for the following activities and shall be subject to conditions established in this
section and any other additional conditions as may be prescribed by the plannihg
diroctor community development director.
8. Other similar temporary usos. Temporarv permits for storaqecontainers at
residential construction sites subiect to a maximum size of 200 square feet;
all applicable property development standards in accordance with the district
ih which it is to be located; and a posted bond in accordance with Section
16.68.090.
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9. Carts. The purpose of requlations pertaininq to carts in this section is to
provide standards for outdoor sales of food and beveraqes or merchandise to
promote small businesses, provide outdoor facilities within the confines of
private courtyards. patios. plazas, interior qardens. etc.. and to complement
the retail environment. Notwithstandinq any other provisions of the City of
Arroyo Grande Municipal Code. the operation of freestandinq. non-motorized
vendinq carts for the purpose of sellinq food and bevera'qes. or merchandise.
the followinq restrictions shall apply:
a. Each cart shall be approved individually as to location. size. desiqn and
aesthetic characteristics includinq siqns. by Minor Use permit - temporarv
uses and subsequently reviewed everv two (2) years;
b. Each approval shall include business license clearance in accordance
with Section 16.16.200.
c. Each cart shall be fully portable.
d. No cart, portion of a cart. nor seatinq shall be located within the public
riqht-of-way.
e. Each cart shall be allowed two (2) portable tables and a maximum or
four(4) chairs for the customer use. The table and chairs shall be removed
from their outdoor location at the close of business.
10. Other similar temporary uses includinq off premise portable siqns of 6 sq.
ft. or less. placed on private property for three days or less per quarter on an
annual permit basis.
16.16.12Q 16.16.100 Minor use permit--Minor exceptions.
[Amend (e.3.)J
C. Submittal and Review Requirements.
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 and reported in accordance with Section
16.12.155. 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.
16.16.13016.16.110 Minor use permit--Viewshed review.
[Amend (D.3.), (0.4.), (0.5.), (0.6.), (D.7.)J
D. Submittal and Review Requirements.
3. Notification Requirement.
a. The community development director shall mail to property o'llnors within
three hundrcd (300) foet of the projoct a notico of intent to construct an
addition or structure that includes the projeot decoription and location and
applicaAt's name. Tho notice will inolude 3 statement indicating that adjacont
property ownors may submit commonts and concerns regarding the project,
in writing, dllring a ten (10) dayrcvimv period; and that if AD adverse .-.
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concerns aro recei'/Cd, the community development director may approve tho
minor use permit for viowshed re'/iew. The community development Elirector
shall also I<oepthe planning commission informed of submitted applications
for minor use permits for viewshed reviews.
&. Prior to approving or denying an application, the community development
director may solicit the recommendations and comments of other public
agencies, city departments, and interested groups, including the architectural
review committee. '
4. Upon acceptance of a minor use permit 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 reviow period roferenced in subdivisions (3)(3) 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 affirmative
manner. The community developmont director shall notify tho applic3nt in
writin€l of tho decision. 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 viewshed review has been requested and reported in
accordance with Section 16.12.155. 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.
5. If, after considering the, available information, the community
development director is unable to reach the findings of fact set forth above,
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the application shall be referred to the architectural review committee for a
recommendation. If findings still cannot be made in an affirmative 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 permit, the
planning commission shall make the findings of fact outlined above.
6. Tho plm1Aing commission shall be informed of all minor use pormits
for views hod revie'lls approved by the community de'lelopment director and
how any objoGtioAS were resolved.
+-. L The decision of the community development director or planning
commission shall be filed with the city clark, provided to the public works
department, and building and fire department.
16.16.19Q 16.16.120 Minor use permit--Large family/adult day care.
[Amend (C.)]
G. Submittal and Review Requirements.
1. An application for a minor use permit fe!: - large family GF/adult day cares
shall be filed with the commu~ity development director and shall be accompanied by the
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following:
a. Completed planning application form 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, i.e., 1 :40 or 1 :50) and with a north arrow
showing:
i. 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,
ii. Location and dimensions of passenger loading/unloading areas,
iii. 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 permit application =feF-a large family [Elf-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 ton (10) days prior to the date on which tl:1o docision will be made
on the application, the community development director shall give notice of the
proposed use by mail to all property ownors within a three hundred (300) foot r3dius of
the project.
4, 3. 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. 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 use permit - larqe family daycare/adult daycare has been requested and reported
in accordance with Section 16.12.155. The notice shall indicate the appeal provisions of
Section 16.12.150. Copies of the decision shall also be provided to the public works and
buildinq and fire departments.
16.16.21916.16.130 Minor use permit--Architectural review.
[Add new (D), replace existing (D) as (E)]
D. Submittal and Review Requirements.
1. An application for a minor use permit for larqe family -architectural review
shall be filed with the community development director and shall be accompanied
by the followinq in addition to the requirements listed in section 16.16.080.C:
a. Buildinq elevations showinq:
i. All sides of all buildinqs;
ii. Dimensioned maximum heiqht of buildinq from averaqe finish qrade
at buildinq;
Hi. Location and size of siqns:
iv. Materials and colors of all exterior surfaces and features; and i
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v. Exterior mechanical equipment and proposals for screeninq.
includinq electrical and qas connections. electrical 'transformers. solar
panels. meter boxes. and irriqation backflow devices:
b. The community development director, architectural review committee.
planninq commission or city council may request the followinq additional items:
i. A detailed plantinq plan showinq 'specific plan species. sizes, and
locations ihstead of the more qeneralized landscapinq plan described in
Section 16.16.080. .
ii. A siqn application;
iii. Materials and sample board containinq colors and textures of
exterior materials securely mounted on a poster board;
iv. Proiect model:
v. Perspective renderinq;
vi. Other material if requested by the approvinq body.
2. Upon acceptance of a minor use permit--architectural review application.
the community development director shall review the request for compliance with
the provisions of this title. The community development director may approve the
application only if all of the findinqs of fact set forth in subsection (E) of this section
can be made in an affirmative manner. A notice of the decision shall be reported to
the planninq commission in accordance with Section 16.12.155.
G. E. Findings. The planning commission, city council, or community development
director. where authorized, may approve a minor use permit -- 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;
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; o'
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.
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Section 16.20.140 - Lot line adjustments.
[Amend 16.20.140(A) and (B){3) & (4)]
A. Applicability. Any affected property owner desiring a lot line adjustment
between two or more four or fewer existing adioininq parcels, where the land taken from
one parcel is added to an adjacent parcel, and where the number of parcels remains the
same or is reduced and improves an existing situation, shall file an application for a lot
line adjustment with the pl::mning community development department.
B. Submittal and Review Requirements.
3. Following a review of the application community development and public
works and public hoaring pursuant to Soction 16.12.160 of this title, the planning
commission shall adopt a resolution stating their decision and containing the findings of
fact upon which such decision is based. Such decision is subject to the appeal
provisions of Section 16.12.150 of this title.
4. Following approval, all parties of interest in the subject parcels shall sign a
certificate of lot line adjustment that eliminates the old lot lines and that contains a legal
description and illustration or drawing of the adjusted parcels. This certificate shall be
recorded with the county recorder.
Section 16.20.160 - Certificate of compliance.
[Amend 16.20. 160.B.J
B. Authority and Processing. Upon receipt of a completed application, the
community development pbnning director and public works director shall review the
matter and shall then submit the application to the staff advisory committee at one of its
regular meetings for its report and recommendations. Following a review of the
application and public hearing pursuant to Section 16.12.160 of this titlo, the planning
commission shall adopt a resolution stating their decision. Such decision is subject to
the appeal provisions of Section 16.12.150.
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Chapter 16.36 Commercial and Mixed Use Zoning Districts
Section 16.36.020 - Commercial and mixed use development districts and site
development standards.
[Amend (A), (D), Table 16.36.020(0), (H), and Table 16.36.020(H)]
A. Industrial Mixed Use (IMU) District. The primary purpose of the IMU district is
to provide a sound and diversified economic base and employment opportunities for the'
citizens of Arroyo Grande. It is the further intent of this chapter to accomplish this via the
'establishment of a specific, well-defined pattern of industrial activities which is
compatible with residential, commercial, institutional, and other uses within the
community; has good access to the regional transportation system; accommodates the
personal needs of workers and business visitors; and which meets the service needs of
local businesses. The IMU district implements and is consistent with the Mixed Use
land use cateqory of the qeneral plan. In addition to'the above, it is the further intent of
the IMU district to:
1. Reserve appropriately located areas for industrial useli and protect these
areas from intrusion by dwellings ana other inharmonious uses;
2. Protect residential, commercial and nuisance-free non-hazardous industrial
uses from noise, odor, dust, smoke, truck traffic and other objectionable influences and
from fire, explosion, radiation and other hazards incidental to certain heavy industrial
uses;
3. Minimize traffic congestion and to avoid the overloading of utilities, by
restricting the construction of buildings of excessive size in relation to the' amount of
land around them.
Refer to Table 16.36.020(A) for minimum site development standards and Table
16.36.030(A) for allowable uses.
D. 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 harmonious
intermingling 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. The VMU district implements and is consistent with the villaqe
core land use desiqnation of the qeneral plan. Refer to Table 16.36.020(D) for minimum
site development standards and Table 16.36.030(A) for allowable uses.
Table 16.36.020(0)
. Village Mixed Use (VMU)
Minimum Site Develooment Standards
1. Maximum Density Mixed 15 dwelling units per gross acre.
Use Proiects . , . ,
--- 2. Minimum Lot Size 5,000 SQuare feet.
10 '
3. Minimum Lot Width 40 feet.
4. Front Yard Setback 0-- 15 feet. i
5. Rear Yard Setback o -- 15 feet. If project is mixed use and/~:>r abuts a residential I
district then 10 feet required. '
6. Side Yard Setback o feet unless a project is mixed use and/or abuts a residential
district, then 5 feet is required for single story structures and
110 feet is required, on one side, for a multiple stories.
7. Street Side Yard Setback 0--15 feet.
8. Building Size Limits Maximum height is 30 feet or three stories, whichever is less;
I a maximum of 36 feet is allowable through the MUP process.
Maximum Buildinq Size is 10,000 square feet.
9. Site Coverage Floor Area ,Maximum coverage of site is 100%. Maximum Floor Area
Ratio Ratio is 1; See Desiqn Guidelines and Standards for
Historic Districts.
10. Site Design See Desiqn Guidelines and Standards for Historic Districts.
11. Off-Street Parking and See Parking VMU and HCO combining district in Section
Loading 16.56.020(C).
12. Signs See Chapter 16.60 and Design Guidelines and Standards for
Historic Districts.
H. Office Mixed Use (OMU) District. The primary purpose of the office mixed use
(OMU) district is to provide areas for the establishment of corporate, administrative, and
medical offices and facilities, commercial services that are required to support mafer
businesses. medical development and multi-family housing. Retail facilities and support
business are encouraged to serve nearby office and residential uses. Typical uses
include, but are not limited to, professional and medical offices, business-related retail
and service functions, restaurants (no drive-through retail windo.....c), health clubs,
financial institutions, medical and health care facilities and multi-family housing. The
OMU district implements and is consistent with the Office Professional/Medical-Hospital
and Mixed Use land use desiqnations of the qeneral plan.
Refer to Table 16.36.020(H) for minimum site development standards and Table
16.36.030(A) for allowable uses. Requirements of this section supercede corresponding
requirements within the Planned Development 1.1 and Planned Development 1.2
districts.
Table 16.36.020(H)
Office Mixed Use (OMU)
Minimum Site Development Standards
1. Maximum Density Mixed 20 dwelling units/acre (based on gross project area) ,
Use Proiects ,
2. Maximum Density Multi- 15 dwelling units/acre
family Housinq
3. Minimum Density * 75% of maximum density (measured on residential portion
horizontal mixed use project area or 50% of project area,
whichever is less) .
, .
4. Minimum Lot Size 10,000 square feet (gross); 20,000 square feet for residential
projects
5. Minimum Lot Width 1 00 feet i
L_,
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...-....-.,-.- 11
...u
6. Front Yard Setback o u 10 feet Exceptions may include entrance courtyards and
areas for outdoor dining determined through discretionary
review. 10 feet is required for projects fronting a street
opposite a residential district.
7. Rear Yard Setback . 0 u 15 feet. Parkino encouraaed. '
8. Side Yard Setback o u.5 feet.
9. Street Side Yard Setback o u 15 feet. Exceptions may include areas for outdoor dining,
or arch itectural/land scape features determined through
discretionarv action.
10. Building Size Limits Maximum height for mixed residential/commercial use is 35
I feet or three stories whichever is less. Also see Section
16.48.030(8)(5) and (6).
Maximum building size is 50.000 square feet: a areater size
maybe allowed throuqh the CUP process.
See OMU-D-2.20.
Three-story building components allowed only with
substantial transitional space and/or lower story elements
adiacent to residential districts or uses.
11. Site Coverage and Floor Maximum coverage of site is 70%. Maximum Floor Area
Area Ratio Ratio is 1
12. Site Design and Signs See OMU-D-2.20. Please note General Plan Policies LU5-
11. For mixed use projects, refer to Section 16.48.065.
Additional sian standards also in Chapter 16.60.
13. Off-Street Parking and Section 16.56.020. , i
Loadinn
* NOTE: Densities do not include density bonus. See Chapter 16.80
12
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Amend Portions of Table 16.36.030(A), in Subsections C., D., and F.
Table 16.36.030(A)
." "" ." .", ,..l,!~El~.~E!rlllittEl.~YYi!~il1.Mixec.JlJs.El.C1.I1~~()llllll.eE(;~L~i~tricts
: IMU = Industrial Mixed Use District (EI i FOMU = Fair Oaks Mixed Use District
i Camino) : :
~ --------~:-._-..~--------- ----i
: TMU = Highw:JY Traffic Way Mixed Use: HMU= Highway Mixed Use District i
: District i ;
[\!(;[)~yTIIClgEl.g_oE~j)~_i6I~~6~pj~'iri~f--l,_OI\'!~:~QItTc~.I\'!i'~C!.u.~iQi15!Fl~C=:.~~-':
i..VMU = "'!~ Mixed Use District ......:.___BC .=..~..El_gionCl!... Commercial Di~!ict:..___
i GMU = Gateway Mixed Use District : HCO = Historic Character Overiay:
I : District (Design Overlay District 2.4) :
:-.. ,. -.-..... . -_.,--, _._- - , -------..,
, P = Permitted Use : MUP = Minor Use Permit i
.. . ,...._,,_>.,_.. '___'_"'___"_'''~.'.'_' . M_._..______.-{
: CUP = Conditional Use Permit (NOTE: : PED = Not permitted in pedestrian I
I Planned Unit Development (PUD) may I oriented storefront locations on ground:
I be required for mixed use subdivisions) : floor facing E. Grand Avenue .QI i
i I EastlWest Branch Street I
, LNP = Not Permitted' i
Allowed 1M TM VC VM GM FOM HM OM R Specific Use
Land Uses U U D U U U U U1 C2 Standards and
and Permit D- D2.2 other
Requiremen D- 2.1 0 reference
15 - LAND 2.1 HC 1
USE 1 0 HC
D- 0
2.4 D-
2.4 '
C. Industry, I
Manufacturi '
ng and
Processing,
Wholesaling .
, Storaae
Drive- NP - CU NP CU NP NP CUP CUP NP
through P P CU
Services P
D. Retail
Trade
Adult CU NP NP NP NP NP NP NP NP Subject to
Business P Section
Retail 16.52.030 for
location
I, ' parameters and
development :
, standards I
" 1_-
'm. .... 13
Allowed 1M TM VC VM GM FOM HM OM R Specific Use
Land Uses U U D U U U U U1 C2 Standards and
and Permit D- D2.2 other
Requiremen D- 2.1 0 reference
ts - LAND 2.1 HC 1
USE 1 0 HC
D- O
2.4 D-
2.4
Drive- NP CU NP NP NP NP CUP CUP NP 16.52.090
throug P LU7 -4 i
h retail I
,
General ' NP MU P P P P MU MU P Section 8.38
Retail P P P P -Subiect to ,
(5,000 sf or business
less) license
clearance
General NP CU MU CU MU MU MU MU P Section
Retail P P P P P P P 8.38
(5001 sf - P- Subiectto
,
19,999 sf) I business
I, license
, ' - clearance
General NP CU NP NP MU MU MU NP CUP Note: maximum
Retail P P P P building size per
(20,000 sf - district, section
102,500 sf) 16.52.220 and
Section 8.38
General CU NP NP NP NP NP CUP NP NP Subiect to
Retail - P Section
Restricted 16.52.030 for
location
parameters
and
development
standards
Outdoor MU MU MU MU NP- CU MU NP CUP 16.52.220
retail sales P P P P CU P P
and activities P
Restaurant, NP- ctJ NP- NP- NP- NP- GYP NP- NP- 16.52.090
drive P lU71
through,
fast food
,
,
.__0"
.. 14
Allowed 1M TM VC VM GM FOM HM OM R Specific Use' I
Land Uses U U D U U U U U1 C2 , Standards and I
and Permit D- D2.2 other I
i
Requiremen D- 2.1 0 reference
ts - LAND 2.1 HC 1
USE 1 0 HC
D- O
2.4 D-
2.4
F. Residential uses
Multi-family NP I NP I MU r MU CUP CU NP CUP NP
housing in a I P/ I P / PI CU'
mixed use ,I 16E I PED PED P
project
Amend Section 16.48.070 - Fences, walls and hedges.
Unless otherwise provided in the applicable zoning district, the following
standards shall apply to fences, walls and hedges. In addition to the regulations set
forth in this section, all fences, walls or hedges shall be cOnstructed and maintained so
that they do not constitute a hazard to traffic, persons or property. Where a retaininq
wall or other vertical element is less than 18 inches from a parallel fence or wall, the
heioht of the fence shall include the retaininq wall or the vertical element.
Section 16.48.110 - Nonconforming uses, structures and lots.
[Amend (B.3.a.)]
B. Nonconforming Uses.
3. Modification or Expansion of Nonconforming Uses.
a. Except for sorvice stations that dispense gasoline, which are
existing logal nonconforming uses or usa made nonconforming by
adoptioA of this titlo" a A nonconforming use shall not be enlarged or
extended in such a way as to occupy any part of the structure or site, or
any other structure of site that it did not occupy at the time it became a
nonconforming use, or in such a way as to displace any conforming use
occupying a structure or site, except as permitted in this section, unless a
variance conditional use permit request is reviewed and approved by the
planning commission, pursuant to Section 16.16.110 16.16.050 of this title
and if determined necessarv by City Council. a term of amortization or
abatement is approved. Servico stations that dispense gasoline, which are
existing legal nonconforming 1,150S or uses made nOn€,onforming by
adoption of this title, may apply for a conditional use pormit, pursuant to
Soction 16.16.050. to allow enlargement or oxponsion of the facility.
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Section 16.52.030 - Regulation of adult businesses.
[Amend (C. 1.)]
C. Location of Adult ,Businesses.
1. All adult businesses or similar, uses includinq Adult Business.
Personal services Restricted and General Retail - restricted as defined in
this Title, section shall be located in accordance with table 16.36.030A.
"Permit Required Per District" and this section. tI=Ie general commercial
(GC) and highw3Y commercial (HC) districts only.
Section 16.52.150 -Second Residential Dwellings
[Amend (C. 12.)] ,
C. Property Development Standards
12. Conditional Use Permit or Minor Use Permit. Any proposed deviation
from these standards shall be processed through a conditional use permit
or minor use permit application as determined by the Community
Development Director.
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OFFICIAL CERTIFICATION
I, KELLY WETMORE; City Clerk of the City of Arroyo Grande, County of San
Luis Obispo, State of California. do hereby certify under penalty of perjury, that
the attached is a true, full, and correct copy of Ordinance No. 573 which was
introduced at a regular meeting of the City Council on September 27, 2005; was
passed and adopted at a regular meeting of the City Council of the City of Arroyo
Grande on the 11 th day of October 2005; and was duly published in accordance
with State law (G.C. 40806).
WITNESS my hand and the Seal of the City of 'Arroyo Grande affixed this 1 ih
day of October 2005.
/LL--
ORE, CITY CLERK
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