A.

Purpose and Intent. Planned development (PD) districts have been established more flexible than those contained elsewhere in this title. The purpose of establishing these districts has been to grant or require diversification in the location of structures and other site elements which were believed to be appropriately compatible, while ensuring adequate standards relating to the public health, safety, welfare, comfort and convenience.

B.

Applicability. The planned development district shall apply to existing planned developments of record (listed below) and pending applications complete as of the effective date of this title. No new planned development districts shall be created subsequent to the effective date of this title. All ordinances approving or amending a planned development, along with relevant zoning information, shall be kept in the community development department and city clerk's offices.

C.

Adoption and Amendment of Plans. Adoption and amendment of planned development ordinances shall occur in the manner set forth in this title for amendments to zoning districts (Section 16.16.040). Amendments to a general or specific development plan relating to an approved planned development shall occur in the manner set forth for conditional use permits (Section 16.16.050). Specific development plans shall be required of the developer as part of an application to amend or change zoning to the planned development (PD) district.

D.

Development Plans and Amendments.

1.

Specific development plans shall be presented, considered and approved as part of the rezoning application process. If a subdivision is required, the development plans and the tentative subdivision map shall be submitted simultaneously.

2.

The development plans shall include any or all of the following items where applicable:

a.

A detailed statement of all uses proposed to be established and an indication of the areas to be occupied by each use, as well as the resulting population and building intensities. The statement shall also include the proposed disposition and use of all areas indicated by the plan as common areas, open spaces, recreation or park areas, school sites, and other such private or public facilities;

b.

The total development plan, showing the dimensions and locations of proposed structures, buildings, streets, parking, yards, playgrounds, school sites, recreational areas, open spaces, and other public or private facilities;

c.

Detailed engineering site plans, including the proposed finished grades and drainage facilities;

d.

Landscaping plans, in detail, excepting typical single-family lot residential areas of ten thousand (10,000) square and over. The street tree planting requirements of the city may be waived; provided, that the development plan or covenants provide adequate alternatives to the satisfaction of the planning commission and city council. Please refer to Chapter 16.84, Water Efficient Landscape Requirements, for rules and regulations regarding landscape and irrigation, including limitations on the percentage of turf/lawn that can be placed in landscape areas.

e.

Architectural drawings demonstrating the design and character of the proposed structures, buildings, uses and facilities, and the physical relationship of all elements;

f.

Detailed engineering plans for the provision of public utilities for the development, including, but not limited to, water, sewer, drainage, street lighting, and fire hydrants;

g.

Other pertinent information as may be deemed necessary by the community development director, planning commission, and/or city council to determine that the contemplated arrangement of uses make it desirable to apply regulations and requirements differing from those ordinarily applicable pursuant to the provisions of this title;

h.

A development schedule indicating the time when the commencement and completion of the construction will occur under the approved development plan; and

i.

A statement requesting modification of regulations and requirements differing from those ordinarily applicable pursuant to the provisions of this title.

3.

The development plan shall meet or exceed the minimum requirements set forth in other portions of this title for land uses corresponding to the land uses proposed.

4.

Density transfers shall be permitted subject to planning commission and city council approval.

E.

Permitted Uses. The following uses shall be permitted in the planned development (P-D) district pursuant to approval by the city council of the planned development ordinance for the area in question:

1.

Single-family dwellings, duplexes, and multiple-family residential structures, including clusters, condominiums, townhouses, and similar concepts;

2.

Commercial uses and commercial residential uses compatible with the total development plan, including, but not limited to, mobilehome parks, restaurants, specialty shops, motels, and convention facilities;

3.

Accessory buildings and uses as shown on the development plan, to be constructed with, or subsequent to, the construction of the main building;

4.

Accessory buildings, such as garages, guest houses, or cabanas, subject to the lot coverage requirements set forth in subsection H of this section; and

5.

Public and private park and/or recreation facilities, public and private schools, and public utility buildings and structures and uses, not including service, corporation, or storage yards.

F.

Maximum Allowable Building Size and Height.

1.

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.

2.

The maximum allowable height for a building or structure within the P-D district shall be as shown on the development plan for the P-D district or as recommended by the planning commission. In no case shall any structure be of such height or location as to obscure any view due to elevation differential of building sites.

3.

Accessory buildings within the P-D district shall not exceed one story and fourteen (14) feet in height.

G.

Minimum Building Site and Lot Width.

1.

Minimum building site and minimum lot width for any permitted use other than single- family residences shall be as shown on the development plan, or shall conform to minimum requirements as set forth in other sections of this title with relation to land use.

2.

Minimum lot sizes may be reduced by two thirds, providing the area of reduction is devoted to common area, open space, green belt, or other recreational uses.

H.

Maximum Building Site Coverage by Buildings and Structures.

1.

The maximum coverage of a building site by all structures including accessory buildings permitted in the P-D district, but not including uncovered patios or swimming pools, shall not exceed thirty (30) percent for the P-D district, or as shown on the development plan.

2.

Where lot sizes have been reduced as provided for in subsection G of this section, the maximum building coverage may be increased directly in ratio to the reduction of lot size.

I.

Minimum Yards Required. The front, side and rear yard shall be shown on the development plan or as recommended by the planning commission. If front, side and rear yards are not represented on the development plan, then yard requirements shall conform to the minimum requirements as set forth in other sections of this title.

J.

Fences, Walls and Access. Fences and walls may be shown on the development plan and approved or required by the planning commission in the P-D district. If such fences and walls are not shown, the following shall apply:

1.

Fences, hedges and walls not to exceed six feet in height may occupy any side or rear yard, provided:

a.

That such fences, hedges and walls do not extend into any required front yard setback, and in the case of a corner lot, such fence does not extend into the required side yard setback adjacent to the street. Such fences, hedges and walls shall not exceed three feet in height in aforementioned required setbacks,

b.

That if there is over one-foot difference in elevation between contiguous buildings sites, the six-foot maximum height shall be a combination of the difference in elevation plus the height of the fence, providing that regardless of any difference in elevation, a fence not to exceed forty (40) inches may be built in such areas, and further providing that if written approval of the adjoining property owner is obtained, and a permit is obtained from the city community development department, such fence may be built to a maximum of six feet above the finished grade;

2.

Fences exceeding six feet in height to enclose a court area, tennis court, or similar area, may be erected subject to obtaining a conditional use permit, if such fence is constructed of open mesh wire and is on the rear one-half of a lot:

3.

A six-foot fence shall be required surrounding a swimming pool. Upon securing a conditional use permit, any such fence may be erected exceeding the required height in this subdivision;

4.

Access to any parking area, ponding area, or public street shall be shown on the development plan.

K.

Required Minimum Off-Street Parking.

1.

All residential uses shall have a minimum of two garage spaces.

3.

All other uses shall have off street parking provided as required by the provisions of Chapter 16.56.

L.

Utilities.

1.

Utility lines in the P-D district, including, but not limited to electric, communications, street lighting, and cable television, shall be required to be placed underground except that electric utility lines shall be required to be placed underground only to the extent required for so-called streamline installation. Where streamline installation is used, the service lines running from the transmission lines to each residence or other service unit shall be placed underground, and only the transmission lines may be above ground, on streamline poles which contain transformers. Transmission lines may be placed underground at the option of the developer or utility with the concurrence of the planning commission. Where transmission lines are placed underground, appurtenances and associated equipment such as, but not limited to, surface mounted transformers, pedestal mounted terminal boxes and meter cabinets, and concealed ducts may be placed above ground provided such appurtenances are landscaped to the satisfaction of the planning commission.

2.

The developer or builder shall be responsible for complying with the requirements of this subsection, and he shall make the necessary arrangements with the utility companies for the installation of such facilities.

3.

Utility lines that do not provide service to the areas being developed, but which pass through or alongside such areas, may be placed above ground only after plans for such installation have been submitted to and approved by the planning commission.

M.

Variation from Minimum Requirements. Variations from minimum requirements referred to in subsection (D)(2) of this section may be permitted in the planned development (P-D) district. The approval of any plan that requires such variations shall be approved by not less than a majority vote of the total membership of the planning commission upon a finding that such variations will produce any one or more of the following results:

1.

Reduce the area and unsightliness of cut and fill banks;

2.

Reduce the danger of erosion;

3.

Create a better community environment through the dedication of public areas, rearrangement of lot sizes, or reforestation of barren areas; or

4.

Create other improvements or permit the use of techniques which will produce a more desirable and livable community than can be obtained by strict compliance with such minimum requirements.

N.

Grading. No construction or grading shall be done until both development plans and subdivision plans have been adopted as set forth in this title; provided, however, minor grading which is necessary for the enjoyment or safety of the existing use shall be allowed as a matter of right and subject only to city laws pertaining to grading.

O.

Subdivision. In the P-D district, where from the nature of the size, location, shape or topography of the parcel of land, or where from the nature of the improvements of development shown on the development plan, or any combination of these factors, it appears to the community development director that a future division of ownership or subdivision of the parcel would be required for orderly development, the community development director may require the filing of a tentative subdivision map, as provided in the land division provisions of this title, and the performing of any other acts required in such regulation. Where any requirement of the land division provisions requires any specific act of the land owner or subdivider, the approval of any development plan shall not become effective until compliance has been made with such subdivision provisions.

P.

Reversionary Clause. Any land classified as a P-D district shall revert to its former classification in the event that any portion of the development is not commenced within one year from the effective date of the ordinance classifying the land into a P-D district. If rezoning is initiated by the planning commission or city council, such reversion shall not take effect.

(Ord. 522 § 2, 2000: prior code § 9-09.010)

(Ord. No. 633, § 7, 6-14-2011)

A.

Purpose and Intent. It is the intent of the design development (D) district to establish development standards to address special or unique needs or characteristics of particular areas (e.g., reservation of larger parcels for specific uses in a newly created subdivision, rezoning of land as the result of a specific conceptual proposal, preservation of uniform architectural, structural, or physical characteristics).

B.

Authority.

1.

The city council is authorized to adopt a design development overlay district only in conjunction with a base district. Adoption of an overlay district shall occur in the manner set forth in this title for amendments to zoning districts (Section 16.16.040).

2.

When an overlay district is designated over any district, the standards used for that site shall be as set in the overlay district in addition to those regulations specified in the corresponding base district. In the event of a conflict between the regulations of the base district and the overly district, the provisions of the overlay district shall govern.

3.

No overlay district shall be established unless the commission and council make, but not be limited to, the following findings:

a.

That the area for which an overlay district designation is proposed has a unique character, identity or environment;

b.

That the unique character, identity or environment of the are for which an overly district is proposed would be preserved and enhanced to the benefit of such area and the city as a whole by the provisions set forth by the overlay district.

c.

That an overlay district is necessary to protect, preserve or enhance the unique character or identity or environment of the area for which an overlay district is proposed;

d.

That an overlay district is necessary to protect the health, welfare and safety of the public.

4.

Each overlay district established shall include, but not be limited to, the following provisions to assure the preservation, enhancement or protection of the unique character, identity or environment for which an overlay district is established:

a.

Use regulations;

b.

Site development criteria, such as height, bulk and area of buildings, building lines, required setbacks, distances between buildings, and locations for the parking of vehicles;

c.

Performance standards; and

d.

Design guidelines, relating to architectural features, landscaping, lighting, and other amenities.

C.

Establishment of District. Each design development overlay district shall be indicated on the zoning map by the base district abbreviation followed by "-D" and the reference number of the overlay district (e.g., "2.1," "2.2," etc.).

D.

1.

Design Development Overlay District AG-D-2.1—Thirty-Five Acres Between Strother Park and Branch Mill Road. Adopted by Ordinance 153 C.S. minimum parcel size five acre minimum. No other additional standards.

2.

Design Development Overlay Districts VCD D-2.4, VMU D-2.4, VR D-2.4, SF D-2.4 and MF D-2.4 Referred to as the Historic Character Overlay District. Approved by Ordinance 439 C.S. to specify design guidelines and standards for development. Guidelines and standards for historic districts apply and are on file in the community development department. No other additional standards.

3.

Design Development Overlay District SF D-2.5 Vicinity of Montego Street. Approved by Ordinance 86 C.S. maximum height is eleven (11) feet from curb to peak of house for the south side of Montego Street. No other additional standards.

4.

Design Development Overlay District RS-D-2.6 Vicinity of Newport Avenue. Approved by Ordinance 360 C.S. maximum height for all properties except 200 Hillcrest Avenue (APN 077-061—014 and 015: two-stories that shall not exceed thirty (30) feet and no building shall exceed fifteen (15) feet from the highest point of the net lot. Minimum lot depth: ninety (90) feet. No other additional standards.

5.

Design Development Overlay District SF D-2.7 Vicinity of Ruth Anne Way. Approved by Ordinance 138 C.S. maximum building height: twenty-two (22) feet from established curb height applicable to lots 1, 2, 3 of Tract 554; Lots 1 and 2 of Parcel Map AG 73-383; and Lot 1 of Parcel Map AG 74-293: Other lots have a maximum height of eighteen (18) feet from established curb. No other additional standards.

6.

Design Development Overlay District RR D-2.9 Vicinity of Miller Way. Approved by Ordinance 439 C.S., Resolution No. 1185 approved tract 577 for cluster single-family hillside development with "optional design and improvement standards" with condition of tract approval for deed restrictions to provide for no more than twenty-seven (27) lots. No additional standards.

7.

Design Development Overlay District RR D-2.10 Vicinity of Miller Way. Approved by Ordinance 439 C.S., Resolution No. 76-456 approved tract 599 for cluster single-family hillside development with "optional design standards" to allow fourteen (14) lots on 12.57 acres. Lots with less than eighty-five (85) feet frontage required to have a fifty (50) feet front yard setback to allow for off-street parking.

8.

Design Development Overlay Districts VMU D-2.11, TMU D-2.11, HMU D-2.11 and PF D-211. Approved by Ordinance 439 C.S. to specify design guidelines and standards for development. See guidelines and standards for the D-2.11.

9.

Design Development Overlay District FOMU D-2.13. Approved by Ordinance XXX C.S. applied to 1110 Sunset Drive. Redevelopment shall include single-family residential use and vehicle access fronting Sunset Drive.

10.

Design Development Overlay District 2.20: Medical Mixed Use.

Objective of District. To provide for sufficient land for the orderly development of Arroyo Grande Hospital and functionally related medical facilities.

Description of Parcels. APNs: 006-39-044, 046, 047, 048, and 049 (see zoning map OMU-D-2.20.)

Use Regulations. Mixed use development with a minimum of seventy-five (75) percent of the net building site (or equivalent area for vertical mixed use projects as determined by the community development director) shall be developed for office use to be compatible with the anticipated needs for the Arroyo Grande Hospital. Deviations up to twenty-five (25) percent (reserving a minimum of fifty (50) percent of the net area for office use) may be determined to be acceptable, as determined by city council, if they are needed to achieve a logical and coherent site plan that meets the objective of this district. All other uses are as specified in underlying zoning district (OMU).

Site Development Criteria:

1.

As specified in the underlying zoning district (OMU);

2.

Three-story building components allowed only with substantial transitional space and/or lower story elements adjacent to residential districts or uses;

3.

Future hospital redevelopment shall include public transportation improvements (reference development approval CUP 02-006, Planning Commissions Resolutions 03-1839, and 021-1841);

4.

Maximum building size may exceed the maximum standard of fifty thousand (50,000) square feet specified in underlying zoning district (OMU).

Performance Standards. Section 16.48.065 Mixed use developments. Section 16.48.120 Performance standards.

Design Guidelines. None.

Additional Information. These parcels were zoned with a -D overlay at the time of the 2004 development code update to clarify development standards that pertain to the subject parcels (reference Ordinance 557) and amended by Ordinance 581. Demonstration of project compatibility with the Arroyo Grande Hospital and/or coordination with a hospital facilities plan must be submitted to the community development director prior to any use permit approval within the OMU-D-2.20 district.

(Ord. 584 § 3, Exh. B (part), 2007; prior code § 9-09.020)

A.

Purpose and Intent. Specific plans prepared pursuant to California Government Code Section 65450, et seq., are a significant tool to implement the general plan, as well as an inducement to the development of large-scale mixed use developments desired by the city. It is the purpose of this section to provide a method for the zoning of lands within adopted specific plans for which customized development and use regulations have been approved by the city council. The creation of a specific plan (SP) zone is necessary to provide adequate development flexibility for innovation in residential building types, land use mixes, site design, and development concepts.

B.

Applicability. This section shall apply to the properties designated in the Arroyo Grande general plan land use element as requiring preparation of a specific plan or any other project site where the applicant believes that implementation of a specific plan will benefit the project and the city.

All specific plan applications shall be accompanied by a zone change application requesting a change from the existing zoning district designation to a specific plan designation. The specific plan district shall be designated on the city zoning map by the symbol "SP" followed by a number to designate the Specific Plan (e.g., "SP-3.1," "SP-3.2," etc.).

C.

Use and Development Regulations.

1.

Residential development standards and regulations shall include, but may not be limited to, the following items:

a.

Description and purpose;

b.

Definition of terms (if other than that set forth in this title);

c.

Permitted uses, building and structures;

i.

Primary uses,

ii.

Accessory uses,

iii.

Conditional uses;

d.

Minimum building site areas and lot dimensions;

e.

Minimum building site area per dwelling unit;

f.

Minimum floor area per dwelling unit, if found to be appropriate by the planning commission;

g.

Minimum setbacks;

i.

Yards,

ii.

Building separations;

h.

Maximum building coverage per lot;

i.

Building and structural height limitations;

j.

Recreational leisure areas, open space and private outdoor living areas;

k.

Off-street parking;

i.

Open,

ii.

Covered,

iii.

Screening from roadways.

l.

Distance of dwelling units from vehicular access ways and parking;

m.

Walls or fencing;

n.

Refuse storage areas;

o.

Treatment of any external lighting and roof-mounted equipment;

p.

Landscaping (on and off-site);

q.

Signs; and

r.

Covenants, conditions and restrictions.

2.

Commercial and industrial development standards and regulations shall include, but may not be limited to, the following items:

a.

Description and purpose;

b.

Definition of terms, if other than that set forth in this title;

c.

Permitted uses, buildings and structures;

i.

Primary uses,

ii.

Accessory uses,

iii.

Conditional uses;

d.

Setback and building separations;

e.

Landscaping (on and off-site);

f.

Building and structural height limitations;

g.

Site size;

h.

Off-street parking;

i.

Walls;

j.

Refuse storage and loading areas;

k.

Access (secondary);

l.

Treatment of external lighting and roof-mounted equipment;

m.

Signs;

n.

Performance standards (standards which might affect adjacent residential uses, i.e., noise, odor, lighting, dust, and the like); and

o.

Covenants, conditions and restrictions.

3.

Any specific plan may be required to address other subjects that in the judgement of the planning director are necessary or desirable for implementation of the general plan.

D.

Minimum Design Standards. All specific plans shall provide for development which exceeds the minimum standards and quality of development commensurate with what would be permitted under the existing district classification that most closely resembles the type and density of development proposed.

The following are considered the minimum standards and concepts acceptable for a specific plan. Each of the following shall be addressed within the text and graphic illustrations or design manual submitted for approval and a specific plan.

a.

Lot development, alteration or enlargement shall be viewed not only as one or more free standing objects but also as part of a street, or cluster, or neighborhood within the entire community. Parcel or lot development should respect existing development, topography, views, general vehicle, pedestrian, bicycle and equestrian circulation, and the natural environment.

b.

Natural features such as, mature vegetation, landforms, drainage courses, rock outcroppings, and views should be used to advantage as design elements. Conversely, undesirable site features should be minimized through proper site planning and building orientation. A discussion of view corridors and opportunities is required.

c.

Placement of the building shall be done in a manner compatible with surrounding existing and planned uses and buildings. The setback from streets and adjacent properties shall relate to the scale of the proposed building. Larger buildings shall require more setback area for a balance of scale and to provide compatibility with adjacent uses. All buildings shall have articulated roof lines and fully dimensional roofs creating shadowing effects, physical offsets, and features of design such as interesting angles, projections, roof overhangs, and other enhancing techniques integrated into the building in a harmonious manner coupled with pedestrian amenities. All exterior wall elevations of buildings and screen walls shall have architectural treatment and articulation of elevation and recesses, which create shadow patterns and texture, and provide variety to the building plans or surface. At ground level, expanses of blank building wall shall be minimized through creative use of materials, textures, color and building form.

d.

Access and circulation shall be designed to provide a safe and efficient system for vehicles and pedestrians. Points of access shall comply with city access regulations and shall not conflict with other planned or existing access points. The circulation system shall be designed to reduce conflicts between vehicular and pedestrian traffic, minimize impacts on adjacent properties, combine access where possible, and provide adequate maneuvering areas. Vehicular and pedestrian traffic shall be separated through the use of a continuous system of public and private sidewalks. Major entry areas shall be treated in a manner which reflects the architectural theme of the development and is compatible in color, texture and materials with adjacent structures.

e.

Parking shall be designed to minimize visual disruption of the overall project design. Parking areas should be screened from streets through combinations of mounding, landscaping, low profile walls, and especially grade separations. The design of parking areas shall also minimize auto noise, glare, and increases in ambient air temperature. This can be accomplished through sound walls, screening with fences or hedges, trees, and separation of parking spaces and driveways from residences.

f.

A unifying landscape design which is clearly identified and included as part of the specific plan is required and shall enhance the building design, enhance public views and spaces and provide buffers and transitions. Landscaping shall provide for solar access and for shade to facilitate energy conservation. Where appropriate, landscape design features such as color accents, specimen tree planting and decorative hardscape shall be provided to enhance roadway intersections, driveway approaches, pedestrian walkways, and building entries. A discussion of plant materials, minimum sizes, number of plants, placement and anticipated landscape budget for the project is required. Please refer to Chapter 16.84, Water Efficient Landscape Requirements, for rules and regulations regarding landscape and irrigation, including limitations on the percentage of turf/lawn that can be placed in landscape areas.

g.

Fences and walls are discouraged unless needed for a specific screening or safety purpose. Where needed, fences and walls shall relate to both the site being developed and surrounding developments, open space and streets or pedestrian ways. The use of fencing or walls shall be consistent with the overall design theme of the development or adjoining existing developments; and shall incorporate landscape elements, changes in materials, offsets and fenestrations, color or texture in order to screen refuse facilities and prevent graffiti, undue glare, heat or reflection; and minimize aesthetic inconsistencies.

h.

Adequate on-site lighting shall be provided to ensure a safe environment yet not cause areas of intense light, glare or spill over on adjacent properties. Lighting fixtures and poles shall be designed as an integrated part of buildings or complexes and placed in a manner consistent and compatible with the overall site and building design character.

i.

On-site utilities and ancillary equipment shall be located in inconspicuous areas and screened with material or combination of materials which best suit the overall design theme.

j.

Development should relate to the natural surroundings and minimize grading by following the natural contours as much as possible. Graded slopes shall be rounded and contoured to blend with existing terrain. Split-level pads, built-up foundations, stepped footings, etc., are encouraged in areas of moderate to steep gradient. The overall grading shall create differentials in building plotting and shall be used to break up straight visual lines by lowering parking areas and stepping site plans and building pads.

k.

A recognizable design theme shall be established which is compatible with surrounding planned or existing developments and which is based upon prominent design features in the immediate area (e.g., trees, landforms, historic landmarks). Variations are encouraged which provide visual interest but do not create abrupt changes causing discord in the overall character of the immediate neighborhood. It is not intended that one style of architecture should be dominant, but that individual structures shall create and enhance a high quality and harmonious community appearance.

l.

The architecture shall consider compatibility with surrounding character, including harmonious building style, form, size, color, material, reveals, overhangs and roof line. Individual dwelling units should be distinguishable from one another and have separate entrances.

m.

The mass and scale of the building shall be proportionate to the site, open spaces, street locations, and surrounding developments. Setbacks and overall heights should provide an element of openness and human scale.

n.

Colors, textures and materials shall achieve compatibility of design and to enhance architectural interest. They should blend well with the environment and not create inappropriate abrupt changes.

o.

An integrated sign program or program for the entire specific plan area shall be provided. Conformity to applicable regulations, provisions for sign placement, sign scale in relationship to buildings and readability shall be considered in developing the signing concept. While providing the most effective signing, the concept shall also be compatible with the building and site design relative to color, material and placement.

p.

All equipment, whether on the roof, side of building or ground, shall be screened. Wherever possible, a roof parapet or other architecturally integrated element shall be used to address this requirement. All equipment screening shall be architecturally compatible with respect to materials, color, shape, and size. The screening design shall blend with the building design. Where individual equipment is provided, a continuous screen is desirable.

E.

Requirements Not Specified. Development within a specific plan district shall be subject to the requirements of the district that most closely resembles the use and intensity of use proposed unless expressly addressed and modified within the text of the approved specific plan. Determination of said district shall be made by the planning director.

(Prior code § 9-09.030)

(Ord. No. 633, § 7, 6-14-2011)

A.

Purpose and Intent. The primary purpose of the public/quasi-public district is to designate land for the conduct of public, quasi-public, and institutional activities, including the protection of areas needed for such future facilities.

B.

Use Regulations. Table 16.44.040-A identifies those uses which are permitted within the public/quasi-public district. Uses permitted subject to plot plan review are identified by a "PP," and uses permitted subject to issuance of a conditional use permit are identified by a "C." Uses not identified in the table are prohibited.

Table 16.44.040-A
Uses Permitted Within Public/Quasi-Public District

Legend

C.

Property Development Standards—Public/Quasi-Public District. The following regulations shall apply to all land and buildings and structures located within the public/quasi-public districts:

1.

General Requirements. The following table sets forth minimum site development standards for public/quasi-public development projects.

Table 16.44.040-B
Public/Quasi-Public Development Standards

2.

Special Requirements.

a.

Wherever a lot in any public/quasi-public district abuts a lot in any residential district, a minimum building setback of twenty (20) feet measured from the property line shall be required. A minimum of ten (10) feet of the setback area nearest the residential district boundary shall be landscaped and the remaining area may be used for required off-street parking.

b.

In the public/quasi-public district, a two-story addition closer than fifty (50) feet to an existing single-family residence shall require plot plan review by the planning director prior to issuance of a building permit.

c.

Where off-street parking areas are situated such that they are visible from any street, a wall, earthen berm, or combination wall/berm three feet in height shall be erected between the required landscape area and the parking area to adequately screen the parking areas.

d.

Except as otherwise permitted, a street side building setback area shall be used only for landscaping, pedestrian walkways, driveways, or off-street parking.

e.

Except as otherwise permitted, required rear and interior side building setback areas shall be used only for landscaping, pedestrian walkways, driveways, off-street parking or loading, recreational activities or facilities, and similar accessory activities.

(Prior code § 9-09.040)

(Ord. No. 628, § 2, 12-14-2010; Ord. No. 685, § 4, 5-9-2017; Ord. No. 2025-002, § 9(Exh. A-2), 2-11-2025)

A.

Statutory Authorization. The legislature of the State of California has in Government Code Sections 65302, 65560, and 65800 conferred upon local governments the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the city council of the city of Arroyo Grande does hereby adopt the following floodplain management regulations.

B.

Statement of Purpose and Intent. It is the purpose of this section to promote the public health, safety, and general welfare, to safeguard important environmental and sensitive biological resources contributing to healthy, functioning ecosystem and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:

1.

Protect human life and health;

2.

Minimize expenditure of public money for costly flood control projects;

3.

Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

4.

Minimize prolonged business interruptions;

5.

Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines; and streets and bridges located in areas of special flood hazard;

6.

Help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future blighted areas caused by flood damages;

7.

Ensure that potential buyers are notified that property is in an area of special flood hazard;

8.

Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions;

9.

Implement general plan policies to enhance natural creek functions and values by providing erosion control, sedimentation prevention, enhancement of riparian habitat corridors, water quality protection and aesthetic and recreational opportunities.

C.

Methods of Reducing Flood Losses and Providing Creek Protection. In order to accomplish its purposes, this section includes the following methods and provisions:

1.

Restrict or prohibit uses which are dangerous to health, safety and property due to water or erosion hazards, or which result in damaging increases in erosion or flood heights or velocities;

2.

Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;

3.

Control the alteration of natural floodplains, stream channels, riparian habitat, and natural protective barriers, which help accommodate or channel floodwaters;

4.

Control filling, grading, dredging, and other development which may increase flood damage or degrade riparian habitat;

5.

Prevent or regulate the construction of flood barriers, or incremental floodplain constriction which will unnaturally divert floodwaters or which may increase flood hazards in other areas;

6.

Creeks shall remain in their natural state and shall not be altered unless approved by the city council in conjunction with an application for a conditional use permit and permitted by other responsible agencies.

D.

General Provisions for Creek Protection.

1.

Applicability. The section shall apply to all creeks and drainage ways that are identified on the general plan conservation and open space element creek map.

a.

Minimum development setbacks for creek yards and drainage ways: Development, as defined in this title, including fences and walls, shall be setback from the top of bank or edge of riparian habitat, whichever is farther from the creek flow line.

i.

Arroyo Grande Creek and Tally Ho Creek: a minimum setback of thirty-five (35) feet. For Properties located within the Village Core Downtown (VCD) or Village Mixed Use (VMU) districts, through application of a conditional use permit and based upon consideration of recommendations from a Phase I Archeological Study; a biology report; and a hydrogeomorphology report, the setback may provide for an average of thirty-five (35) feet within a proposed project area but under no circumstance shall any portion be less than twenty-five (25) feet.

ii.

Meadow Creek and East Fork of Meadow Creek: a minimum setback of fifty (50) feet.

iii.

All other creeks and drainage ways: a minimum setback of twenty-five (25) feet.

2.

Fences and other structures such as culverts, walls and bridges which must be constructed within the floodway shall be designed in accordance with all applicable best management practices so as to prevent an obstruction or diversion of flood and drainage flow and to minimize adverse effects to natural riparian habitat. Fences may be permitted in the development setback if designed to allow for wildlife passage and the unimpeded flow of water.

3.

Clearing of significant vegetation canopy cover or herbaceous ground cover; removal of any native plant species within the riparian area is prohibited within the setback area. A tree permit may be requested for trees potentially affecting public safety.

4.

Existing agricultural operations are exempt from creek setback standards established herein.

5.

Exceptions to the requirements established in this section can be made only upon a finding that its application would violate federal and state law.

E.

General Provisions for Floodplain Management.

1.

Land to Which this Section Applies. This section shall apply to all areas of special flood hazards within the jurisdiction of the city.

2.

The areas of special flood hazard identified by the Federal Insurance Administration (FIA) of the Federal Emergency Management Agency (FEMA) in the Flood Insurance Study (FIS) dated May 16, 2017 and accompanying Flood Insurance Rate Maps (FIRMs) and Flood Boundary and Floodway Maps (FBFMs), dated May 16, 2017, and all subsequent amendments and/or revisions, are adopted by reference and declared to be a part of this section. These areas are the minimum area of applicability of this section and may be supplemented by studies for other areas which allow implementation of this section and which are recommended to the city by the floodplain administrator. The study, FIRMs and FBFMs are on file at City Hall, 300 East Branch Street, City of Arroyo Grande, California 93420.

3.

Compliance. No structure or land shall hereafter be constructed, located, extended, converted or altered without full compliance with the term of this section and other applicable regulations. Violation of the requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Nothing herein shall prevent the city from taking such lawful action as is necessary to prevent or remedy any violation.

4.

Abrogation and Greater Restrictions. This section is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this section and another ordinance, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

5.

Interpretation. In the interpretation and application of this section, all provisions shall be:

a.

Considered as minimum requirements;

b.

Liberally construed in favor of the governing body; and

c.

Deemed neither to limit nor repeal any other powers granted under state statutes.

6.

Warning and Disclaimer of Liability. The degree of flood protection required by this section is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This section does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This section shall not create liability on the part of city, any officer or employee thereof, the state of California, or the Federal Insurance Administration, Federal Emergency Management Agency, for any flood damages that result from reliance on this section or any administrative decision lawfully made hereunder.

F.

Administration.

1.

Establishment of Development Permit. A development permit shall be obtained before any construction or other development, including manufactured homes, within any area of special flood hazard established in subsection (D)(2) of this section. Application for a development permit shall be made on forms furnished by the floodplain administrator. The applicant shall provide the following minimum information:

a.

Plans in duplicate, drawn to scale, showing:

i.

Location, dimensions, and elevation of the area in question, existing or proposed structures, storage of materials and equipment and their location;

ii.

Proposed locations of water supply, sanitary sewer and other utilities;

iii.

Grading information showing existing and proposed contours, any proposed fill, and drainage facilities;

iv.

Location of the regulatory floodway when applicable;

v.

Base flood elevation information as specified in subsections (D)(2) or (E)(3)(b) of this section;

vi.

Proposed elevation in relation to mean sea level, of the lowest floor (including basement) of all structures; and

vii.

Proposed elevation in relation to mean sea level to which any nonresidential structure will be floodproofed, as required in subsection (F)(2)(c)(ii) of this section and detailed in FEMA Technical Bulletin TB 3-93.

b.

Certification from a registered civil engineer or architect that the nonresidential floodproofed building meets the floodproofing criteria in subsection (F)(2)(c)(ii) of this section.

c.

For a crawl-space foundation, location and total net area of foundation openings as required in subsection (F)(2)(c)(iii) of this section and detailed in FEMA Technical Bulletins 1-93 and 7-93.

d.

Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.

e.

All appropriate certifications listed in subsection (E)(3)(d) of this section.

2.

Designation of the Floodplain Administrator. The director of public works appointed to administer, implement and enforce this section.

3.

Duties and Responsibilities of the Floodplain Administrator. The duties and responsibilities of the floodplain administrator shall include, but not be limited to the following:

a.

Permit Review. Review all development permits within the special hazard areas to determine that:

i.

Permit requirements of this section have been satisfied;

ii.

The site is reasonably safe from flooding;

iii.

The proposed development does not adversely affect the carrying capacity of areas where base flood elevations have been determined but a floodway has not been designated. For purposes of this section, "adversely affects" means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will increase the water surface elevation of the base flood more than one foot at any point; and

iv.

All other required state and federal permits have been obtained.

b.

Review and Use of Any Other Base Flood Data. When base flood elevation data has not been provided in accordance with subsection (D)(2) of this section, the floodplain administrator shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal or state agency, or other source, in order to administer subsection F of this section.

c.

Notification of Other Agencies. Whenever there is an alteration or relocation of a watercourse:

i.

Notify adjacent communities and the California Department of Water Resources prior to alteration or relocation;

ii.

Submit evidence of such notification to the Federal Insurance Administration, Federal Emergency Management Agency;

iii.

Assure that the flood carrying capacity within the altered or relocated portion the watercourse is maintained.

d.

Documentation of Floodplain Development. Obtain and maintain for public inspection and make available as needed the following:

i.

Certification required by subsection (F)(2)(c)(i) of this section (lowest floor elevations);

ii.

Certification required by subsection (F)(2)(c)(ii) of this section (elevation or floodproofing of nonresidential structures);

iii.

Certification required by subsection (F)(2)(c)(iii) of this section (wet floodproofing standard);

iv.

Certification of elevation required by subsection (F)(4)(b) of this section (subdivision standards);

v.

Certification required by subsection (F)(7)(a) of this section (floodway encroachments).

e.

Map Determinations. Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazard, for example, where there appears to be a conflict between a mapped boundary and actual field conditions. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in subsection G of this section.

f.

Take action to remedy violations of this section as specified in subsection (D)(3) of this section.

g.

Base Flood Elevation Changes Due to Physical Alterations. Such submissions are necessary so that upon confirmation of these physical changes affecting flooding conditions, risk premium rates and floodplain management requirements are based on current data.

i.

Within six months of information becoming available or project completion, whichever comes first, the floodplain administrator shall submit or assure that the permit applicant submits technical or scientific data to FEMA for a letter of map revision (LOMR).

ii.

All LOMR's for flood control projects are approved prior to issuance of building permits. Building permits must not be issued based on conditional letters of map revision (CLOMR's). Approved CLOMR's allow construction of the proposed flood control project and land preparation as specified in the "start of construction" definition.

G.

Provisions for Flood Hazard Reduction. In addition to the development standards of the district with which the FHCP district has been combined and the standards contained in Chapters 16.48 and 16.52, the standards contained in this section shall apply. In the event of a conflict in the applicable regulations, the provisions of this section shall govern.

1.

No fill shall be permitted within the one hundred (100) year floodplain of creeks or drainage ways unless appropriate mitigation measures are implemented in accordance with the California Environmental Quality Act (CEQA) and the city's CEQA Guidelines and the following standards:

a.

The fill is for the minimum area to accommodate a structure and allow for a five-foot border area which shall have a side slope of four is to one or flatter when no native riparian landscaping or erosion control can be provided;

b.

All trees shall be protected or mitigated;

c.

The fill will not encroach within the development setback area of a creek;

d.

The fill will not result in adverse environmental impacts on the creek.

2.

Standards of Construction. In all areas of special flood hazards the following standards are required:

a.

Anchoring.

i.

All new construction and substantial improvements within special flood hazard areas shall be adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.

ii.

All manufactured homes shall meet the anchoring standards of subsection (F)(5) of this section.

b.

Construction Materials and Methods. All new construction and substantial improvement with special flood hazard areas shall be constructed:

i.

With materials and utility equipment resistant to flood damage;

ii.

Using methods and practices that minimize flood damage;

iii.

With electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding; and if

iv.

Within Zones AH or AO, so that there are adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures.

c.

Elevation and Floodproofing. See Section 16.04.070 for definitions for "basement," "new construction," "substantial damage" and "substantial improvement."

i.

Residential construction, new or substantial improvement, shall have the lowest floor, including basement:

(A)

In an AO Zone, elevated above the highest adjacent grade to a height exceeding the depth number specified in feet on the FIRM by at least one foot, or elevated at least three feet above the highest adjacent grade if no depth number is specified;

(B)

In an A Zone, elevated at least one foot above the base flood elevation, as determined by the community;

(C)

In all other zones, elevated at least one foot above the base flood elevation. Upon the completion of the structure, the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor, and verified by the building inspector to be properly elevated. Such certification or verification shall be provided to the floodplain administrator;

(D)

For floodplain management purposes the term "lowest floor" means the lowest floor of the lowest enclosed area, including basement definition. An unfinished or flood-resistant enclosure below the lowest floor that is usable solely for parking of vehicles, building access or storage in an area other than a basement area, is not considered a building's lowest floor provided it conforms to applicable non-elevation design requirements, including, but not limited to:

(1)

The floodproofing standard, in subsection (F)(2)(c)(iii) of this section,

(2)

The anchoring standards in subsection (F)(2) of this section,

(3)

The construction materials and methods standards in subsection (F)(2)(b) of this section,

(4)

The standards for utilities in subsection (F)(3) of this section.

ii.

Nonresidential construction, new or substantial improvement, shall either be elevated to conform with subsection (F)(2)(c) of this section or together with attendant utility and sanitary facilities:

(A)

Be floodproofed, below the elevation recommended under subsection (F)(2)(C)(i) of this section so that the structure is watertight with walls substantially impermeable to the passage of water;

(B)

Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and

(C)

Be certified by a registered professional engineer or architect that the standards of this subsection are satisfied. Such certification shall be provided to the floodplain administrator.

iii.

All new construction and substantial improvement with fully enclosed areas below the lowest floor (excluding basements) that are usable solely for parking of vehicles, building access or storage, and which are subject to flooding, shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwater. Designs for meeting this requirement must exceed the following minimum criteria:

(A)

Be certified by a registered professional engineer or architect; or

(B)

Have a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, valves or other coverings or devices provided that they permit the automatic entry and exit of floodwater.

iv.

Manufactured homes shall also meet the standards in subsection (F)(5) of this section.

3.

Standards for Utilities.

a.

All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate:

i.

Infiltration of floodwaters into the systems; and

ii.

Discharge from the systems into floodwaters.

b.

On-site waste disposal systems shall be located to avoid impairment to them, or contamination from them during flooding.

4.

Standards for Subdivisions.

a.

All preliminary subdivision proposals shall identify the flood hazard area and the elevation of the base flood.

b.

All subdivision plans within special flood hazard areas will provide the elevation of proposed structure(s) and pad(s). If the site is filled above the base flood elevation, the lowest first floor and pad elevations shall be certified by a registered professional engineer or surveyor and provided to the floodplain administrator.

c.

All subdivision proposals shall be consistent with the need to minimize flood damage.

d.

All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.

e.

All subdivisions shall provide adequate drainage to reduce exposure to flood hazards.

5.

Standards for Manufactured Homes.

a.

All manufactured homes that are placed or substantially improved within Zones A1-30, AH, AE, and AR on the community's Flood Insurance Rate Map, on sites located:

i.

Outside of a manufactured home park or subdivisions;

ii.

In a new manufactured home park or subdivision;

iii.

In an expansion to an existing manufactured home park or subdivision; or

iv.

In an existing manufactured home park or subdivision on a site upon which a manufactured home has incurred substantial damage as the result of a flood, shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated at least one foot above the base flood elevation, and shall be securely fastened to an adequately anchored foundation system to resist flotation collapse and lateral movement.

b.

All manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within Zones A1-30, AH, AE, AR on the community's flood insurance rate map that are not subject to the provisions of subsection (F)(5)(a) of this section will be securely fastened to an adequately anchored foundation system to resist foundation collapse and lateral movement, and will be elevated so that either the:

i.

Lowest floor of the manufactured home is at least one foot above the base flood elevation; or

ii.

Manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than thirty-six (36) inches in height above grade.

Upon the completion of the structure, the elevation of the lowest floor including basement shall be certified by a registered civil engineer or licensed land surveyor, and verified by the community building inspector to be properly elevated. Such certification and verification shall be provided to the floodplain administrator.

6.

Standards for Recreational Vehicles.

a.

All recreational vehicles placed on sites within Zones A1-30, AH, AE, and AR on the community's Flood Insurance Rate Map will either:

i.

Be on the site for fewer than one hundred eighty (180) consecutive days, and be fully licensed and ready for highway use. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions; or

ii.

Meet the permit requirements of subsection E of this section and the elevation and anchoring requirements for manufactured homes in subsection (F)(5)(a) of this section.

7.

Floodways. Located within areas of special flood hazard established in subsection (C)(2) of this section are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles, and erosion potential, the following provisions apply:

a.

Prohibit encroachments, including fill, new construction, substantial improvement, and other new development unless certification by a registered professional engineer or architect is provided demonstrating that encroachments shall not result in any increase in the base flood elevation during the occurrence of the base flood discharge.

b.

If subsection (F)(7)(a) of this section is satisfied, all new construction, substantial improvement, and other proposed new development shall comply with all other applicable flood hazard reduction provisions of subsection F of this section.

H.

Variances and Appeals.

1.

The planning commission of the city shall hear and decide appeals and requests for variances from the requirements of this section.

2.

The planning commission shall hear and decide appeals regarding any decision or determination made by the floodplain administrator in the enforcement or administration of this section may be appealed to the city council.

3.

The variance criteria set forth in this section are based on the general principle that variances pertain to a piece of property and are not personal in nature. A variance may be granted for a parcel of property with physical characteristics so unusual that complying with the requirements of this section would create an exceptional hardship to the applicant or the surrounding property owners. The characteristics must be unique to the property and not be shared by adjacent parcels. The unique characteristic must pertain to the land itself, not to the structure, its inhabitants, or the property owners.

4.

Review of Variance Requests. In passing upon requests for creek setback or flood management-related variances, the planning commission shall consider all technical evaluations, all relevant factors, standards specified in other subsections of this section, and:

a.

Potential impacts to cultural, biological, and hydrological resources have been adequately mitigated based on consideration of a phase I archeological study, a biology report and a hydrogeomorphologist report;

b.

Danger that materials may be swept onto other lands to the injury of others;

c.

Danger of life and property due to flooding or erosion damage;

d.

Susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the existing individual owner and future owners of the property;

e.

Importance of the services provided by the proposed facility to the community;

f.

Necessity to the facility of a waterfront location, where applicable;

g.

Availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;

h.

Compatibility of the proposed use with existing and anticipated development;

i.

Relationship of the proposed use to the comprehensive plan and floodplain management program for that area;

j.

Safety of access to the property in time of flood for ordinary and emergency vehicles;

k.

Expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters expected at the site; and

l.

Costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water system, and streets and bridges.

5.

Conditions for Variances.

a.

Generally, variances may be issued for new construction, substantial improvement, and other proposed new development to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing that the procedures of subsection E and F of this section have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases.

b.

Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as an historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.

c.

Variances shall not be issued within any mapped regulatory floodway if any increase in flood levels during the base flood discharge would result.

d.

Variances shall only be issued upon a determination that the variance is the minimum necessary considering the flood hazard, to afford relief. "Minimum necessary" means to afford relief with a minimum of deviation from the requirements of this section. For example, in the case of variances to elevation requirement, this means the city need not grant permission for the applicant to build at grade, or even to whatever elevation the applicant proposes, but only to that elevation which the city believes will both provide relief and preserve the integrity of the local ordinance.

e.

Variances shall only be issued upon a:

i.

Showing of good and sufficient cause;

ii.

Determination that failure to grant the variance would result in exceptional hardship to the applicant; and

iii.

Determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense, create a nuisance cause fraud or victimization of the public, or conflict with existing local laws or ordinances.

"Hardship," as used in this subsection, means the exceptional hardship that would result from a failure to grant the requested variance. The hardship must be exceptional, unusual, and peculiar to the property involved. Economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot, as a rule, qualify as an exceptional hardship.

"Public safety and nuisance," as used in this subsection, means that the granting of a variance must not result in anything which is injurious to safety or health of an entire community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal or basin.

"Fraud and victimization," as used in this subsection, means that the variance granted must not cause fraud on or victimization of the public. In examining this requirement, the city will consider the fact that every newly constructed building adds to government responsibilities and remains a part of the community for fifty (50) to one hundred (100) years. Buildings that are permitted to be constructed below the base flood elevation are subject during all those years to increased risk of damage from floods, while future owners of the property and the community as a whole are subject to all the costs, inconvenience, danger and suffering that those increased flood damages bring. In addition, future owners may purchase the property, unaware that it is subject to potential flood damage, and can be insured only at very high flood insurance rates.

f.

Variances may be issued for new construction, substantial improvement, and other proposed new development necessary for the conduct of a functionally dependent use provided that the provisions of subsection (G)(5)(a) through (e) of this section are satisfied and that the structure or other development is protected by methods that minimize flood damages during the base flood and does not result in additional threats to public safety and does not create a public nuisance.

g.

Upon consideration of the factors of subsection (G)(4) of this section and the purposes of this section, the planning commission may attach such conditions to the granting of variances as it deems necessary to further the purposes of this section.

6.

Any applicant to whom a variance is granted shall be given written notice that:

a.

The issuance of a variance to construct a structure below the base flood level can result in substantially increased premium rates for flood insurance, as determined by their insurance carrier;

b.

Such construction below the base flood level increases risks to life and property.

7.

The floodplain administrator will maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its biennial report submitted to the Federal Insurance Administration, Federal Emergency Management Agency.

I.

Findings of Fact.

1.

The flood hazard areas of the City of Arroyo Grande are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.

2.

These flood losses are caused by uses that are inadequately elevated, floodproofed, or protected from flood damage. The cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities also contributes to flood losses.

(Ord. 591 § 2, Exh. A (part), 2007: prior code § 9-09.050)

(Ord. No. 646, §§ 3, 4, 9-25-2012; Ord. No. 652, §§ 2, 3, 6-25-2013; Ord. No. 684, § 2, 4-11-2017)