O 382 C.S.
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ORDINANCE NO. 382
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ARROYO GRANDE AMENDING ARTICLE 41 OF CHAPI'BR 4
OF THE MUNICJPA~ CODE '10 ALLOW THE PLANMJNG '
DDUCroR '10 APPROVE VmWSHED REVmW PERMrrB '
AND '10 REDUCE THE APPLICATION PEn.
The City Council of the City of Arroyo Grande does hereby ordain as follows:
Seetion 1: Section 9-4.4103 of Article 41, Chapter 4 of the Municipal Code is hereby amended to read
as follows:
"Section 9-4.4103. Review PrI>
R-A, R-l ard R-2 Zones: No second-story addition shall be erected or enlarged on any
sil'€le-family hane within the R-A, R-l and R-2 zones until a Viewshed Review Permit is
obtained in accordance with the procedw-e set forth herein.
R-I-D Zone: No new construction, addition or inprovement thereof shall be erected or
enlarged on any lot that lies within the R-I-D zone untR a Viewshed Review Permit is
obtained in accordance with the procedure set forth herein.
The granting of a Viewshed Review Permit does not release the applicant of the responsibility for
obtllirli'€ other applicable permits fran the City, if such permits are required by the Municipal
Code. No viewshed review permit shall authorize a structw-e height in excess of the height limits
for the basic zone and D-overlay zone otherwise established for the property seekiqr the permit.
A. An application for a Viewshed Review Permit shall be filed with the Plaming Director and
shall be accanpanied by the following:
1. Appropriate site plans, sections and elevations (3 copies);
2. Buildil'€ height and elevation data for the proposed stnlcture or addition, and for
existing structures on adjacent and surroWldi/€ properties;
i 3. Photographs of project site and surrounding views;
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4. At the discretion of the Planning Department, cl'alS1!ctions drawn to a true scale
for both vertical and horizontal dimensioos, which include adjacent proper:y rx
structures, if necessary to evaluate viewshed impects. The location of '.ne 'Nos-
sections shall be keyed to the site plan by labeled section lines;
5. Appropriate fee as set forth in Section 9-4.4104; and
6. List of property owners within one hundred and fifty feet (150'). qf tl e :J't'!\ (,1 the
proposed permit, and map s~ such area.
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B. After detennining the application is canplete, the Plamlng Director ~I 1"'\iew tt.e
project for environmental inpacts as set forth in the California Envil'Ol'm!ntal 0uali\:i Act
(CEQA).
c. The Planning Department shall mail to property owners within 150 feet of the project a
Notice of Intent to Construct an Addition or Structure which Includes the project
description and location, and applicant's name. The Notice will include a statement that
adjacent property owners may sWmIt cooments and concerns regardire the project In
writing during a ten day review period, and that if no adverse concerns are received, the
Planning Director may approve the Viewshed Review Pennit. The Planning Director shall
aJso keep the Plannning CamJission informed of subnitted applications for Viewshed Review
Permits.
D. Prior to approvil'€ or denying an application, the Planning Director shall solicit the
recoomendations and cannents of other public agencies, aty departments and interested
groups.
E. In approving an application for a Viewshed Review Permit, the Planning Directa' shall make
the followil'€ findings of fact:
1. The proposed structure is consistent with the intent of Section 9-4.4101;
2. The propa;ed stnlctw-e Is consistent with the estabished scale and character of the
neighborhood, and will not unreasonably or wlllecesserily affect views of surrounding
properties;
3. The proposed struct\Jre will not Wlreasoliably or IIMe<'e"SI'rily interfere with the
scenic view fran any other property, )i<%ted In light ot pemltting reasonable use and
develO{Xl1ent of the property on which the proposed structure or expansion is to
occur.
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Ordinance No. 382
F. In granting a Viewshed Review Permit, the Planning Director may im(JOfie such conditions as
may be deemed necessary and desirable to protect the health, safety and general welfare in
respect to the facts listed in Paragraph F of this section.
G. The PJamirg Cannissioo shall be infonne<! of all Viewshed Review Permits approved by the
PII1nnir€ Director and how any objections were resolved.
H. If, after considering the available information, the Plannirg Director is IU\IIble to reach the
findings of fact set forth in Paragraph F of this section, the application sI1Iill be refered to
the Planning CoomIssion for a public hearing at their next available meetirg.
I. Notice of the public heering shall be given at least ten (10) days prior to the hearing by
publication in a newspaper of general circu1ation in the City and by mailing the notice to
property owners within 150 feet of the project. The applicant shall subnit an additional
fee of $50.00 to cover the cost of publishing and mailing the notice.
J. In approving an application for a Viewshed Review Permit, the Planning Camdssion shall
make the findings of fact outlined in Section 9-4.4103.E.
K. The decisions of the Planning Cannission or PII1nnir€ Director shall be filed with the City
Clerk, Public Works Department and Building Department.
L. Any person may appeal the decision of the Planning Cannission to the City Council, as set
forth in Section 9-4.3106 of the Zoning Ordinance."
Seetion 2: Section 9-4.4104 of Article 41, Chapter 4 of the Mw1icipal QIde is hereby &mended to
read as follows:
"Seetion 9-4.4104. Fee. The fee for Planning Director review of a Viewshed Review Permit is
$50.00. An additional $50.00 fee is required if the [M'Oject must be scheWled for a public
hearing before the Planning Camdssion, for a total fee of $100.00."
Seetion 3: This ordinance shall be in full force and effect thirty (30) days after its passage; and within
fifteen (IS) days after its passage, together with the names of the City Council Members voting theron,
it shall be published in a newspaper published and circu1ated in said City.
On rootion of Council Member Moots , seconded by Cooncil Member Porter , and on the
following ran call vote, to wit:
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AYES: Council Members Moots, Porter, Johnson, Millis and Mayor Mankins
NOES: None ,
ABSENT: None
the foregoing Ordinance was passed and adopted this 11t h day of CX:tdJer, 1988.
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MAYOR
ATImr:~~~
CITY CLE
I, NANCY A. OAVIS, 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 foregoing Ordinance No, 382 C.S, is a true, full
and correct copy of said Ordinance passed and adopted at a regular meeting
of said Council on the 11th day of October, 1988.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed
this 12th day of October, 1988.
_a,~
CITY CLERK
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