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O 567 ORDINANCE NO. 567 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AlUtOYO GRANDE REPEALING, AMENDING, AND ADDING PROVI8IQN8 TO TITLES 8, 9, 12, & 15 OF THE ARROYO GRANDE MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DOES ORDAIN AS FOLLOWS: SECTION 1: The following Arroyo Grande Municipal Code Chapters and Sections are hereby repealed in their entirety: A. Repeal Section 8.36.050 - Violation- Penalty; B. Repeal the defmition of "Parks and recreation tree subcommittee" from Section 12.16.020 - Definitions; C. Repeal Section 15.04.020. Amendments-Section 202(d) Uniform Administrative Code. D. Repeal Section 15.04.070. Water-saving devices; E. Repeal Chapter 15.16 - Signs, in its entirety. SECTION 2: Tt'le following Arroyo Grande Municipal Code Chapters and Sections are hereby amended to read as follows: A. Amend Section 12.08.020 as follows: It is unlawful for any person to place or deposit any obstruction in any of the public streets, alleys, highways~ or sidewalks of the city, or to permit the same to be done, without first having obtained permission from the GRief ef fl9lise Ilublic works director. or ~. and placing a suitable fe6 wamina light thereon at Right so as to be of sufficient warning to \ pedestrians and the drivers of vehicles. B. Amend Section 12.08.030 as follows: The ehief ef peUse djrector of oUbliq,wortsi shall not grant perrni88ion to olace or deposit such obstructions in those portions of any public street, highway. walkwav or sidewalk customarily used for the purpose of traffic. but such obstructions in all cases shall be ~ deposited adjacent to the l curb or ill such place ttmt it will be the least likely to obstruct traffic or endanger life or property. C. Amend Section 12.16.020 (Definitions) to include the following: "Reolacemenr means a tree dUianattlst in the CitY's aooroved tree lift tQ reDlace a tree t}f}ina removed. Size. and vart,tv will vary based on location. - ~ --- --..-.- . ~ ~ ORDINANCE NO. 567 PAGE 2 water source and size of Dlantino area. In no instance sh~l! a reDlacement tree under 5 oallon in size be acceotable. D. Amend Section 12.16.030.F., as follows: F. It shall be the responsibility of the property owner to properly maintain all street tree-planting areas upon his or her property, including any adjacent easement, regardless of whether such property is devefoped. Such maintenance shall include irrigation and keeping such .. JRoting easements free from weeds or any obstructions deemed contrary to public safety and in conformance with the plan approved by the director for the property involved. E. Amend Section 12.16.030.J., as follows: J. Nothing in this chapter shall be deemed to relieve the owner and occupant of any private property from the duty to keep his or her private property, sidewalks and planting eVip6 easements in front of such private property in a sage m condition and so as not to be hazardous to public travel. F. Amend Section 12.16.030.K., as follows: K. Whenever a property owner desires to have a street tree removed, he or she shall apply to the director for a permit for such removal. The director may approve or deny such request. If the director finds the tree is in good condition and the permit is granted eeIeIy for the convenience of the applicants, the full cost of such removal and replacement shaH be borne by the applicant. G. Amend Section 12.16.040, as follows: A. The public works director may, frem time te time, ~ prepare a list of particular street trees that have created a pnMSent and immediate danger to pedestrian travel, by causing damage to public improvements, sidewalks, or have interfered with drainage flow In gutters, or resulted in traffic hazards in adjacent streets. The list shall be submitted to the director of narks. recreation a~ for comment or revision. B. After agreement between the parks, recreation and facilities director and the public works director on necessary corrections. the public works director shall order the repair or replacement of such damaged public improvement. . . imorovements will cause the. tree tg j:)e uns8fe qJ unstable or wIIJI!8Iv .....,. the need for recurrent reoaif ~ jmorovements, Prior to I'8INMII of any street tree causing such damage, the adjacent property owner will be notified, in writing, by the public works director. The parks, recreation and facilities director shall order a new tree to be planted as a replacement tree, when the site is appropriate, as determined by the director. H. Amend Section 12.16.060.G., as follows: G. The director shall cause the physjcal inspection and inventory of all landmark trees every twe tbI:u years to determine their condition and presence, and he/she shall report his or her findings publicly to the city I I --- -----_.~_.- ORDINANCE NO. 567 . PAGE 3 council, the parks and recreation commission, and the planning commission, via the city manager. I. Amend Section 12.16.070.A., as follows: A. No person(s) shall allow or cause the removal of any tree(s) on property used or zoned 6811'111'18_1, IRUltifamily apa,"'.._ er iRdw&tfial multifamUv residential. mixed use. or commerclll. without first obtaining a tree removal permit from the director or tree coordinator. The permit Is available at no charge. J. Amend Section 15.04.010, as follows: Documents entitled, .Unlform Administrative Code," "Uniform Building Code" (Volumes 1, 2 and 3) end its appendix, "Uniform Code for Building Conservation," all ~ 1mu: editions published by the Intem8tional Conference of Building 0fIIciaJs (ICBO); the "Uniform Plumbing Code;" and "Uniform Mechanical Code," 2000 editions published by the International Association of Plumbing and Mechanical Officials (IAPMO); and the "National Electric Code," 1999 edition published by the National Fire Protection Association (NFPA); are hereby adopted as the building and construction regulations of the city of Arroyo Grande and incorporated by this reference as though set forth in full. K. Arnend Section 15.04.030, as follows: All codes as adopted in Section 15.04.010 shall include the amendments required by the Califomia Code of Regulations, TiUe 24 ~ Callfomia Bull$fina Standards Commission ememencv ~ relate to the enhanced structural ~ns of the 19971,Lnlform ~. CodL L. Amend Section 15.08.030, as follows: The owner of the property or his or her designated agent shaU post a cash bond with the city of an amount to be determined to be sufficient by the chief building inspector, to cover the cleanup and maintenance and I'8pIIr costs to the public right-of-way that may be damaged by improper mainten8nce and cleanup of the property. The bond shall list the items to be completed and will be refunded In full when those items are completed to the add Dtioo of the GRief bwildiRg iR6peetsr ~, minus any costs incurred by the city to maintain the job site or protect the public right-of-way. M. Amend Section 15.12.220, as follows: A. Before a permit shall be issued for the moving of a building or structure, a building permit shall be applied for and a fee therefore paid to the building department in accordance with the fee schedule in effect. B. In addition to the building permit fees, an application fee shall accompany each moving application to cover the costs of processing the application, the inspection of the building and premises, route approval, and any other costs incurred in connection therewith; and such fee shall not be refunded in the event the application Is denied or Is for any reason withdrawn. C. MOving permit application and inspection fees shaU be at a rate as . . as fel18IJJ8: - - ------'.-- --- ...----.....-----...-,.--. ORDINANCE NO. 567 PAGE 4 1. Fer meyjRg a IIYildiRg er stFYsture frelft eRe le_eR te aRetAer lesHeR \Wf:liR the sit}', teR dellaFS ($10.00); 2. Fer R=teViRg a BYilEfiRg er stAlshlr:e iRte the sity. &8A&y five sslla18 ($26.00); aRd 3. Fer Ifte'JiRg a IIYildiRg er stNstYre tllreygll the eitr, teR dellaFS ($10.00). SECTION 3: The following Arroyo Grande Municipal Code Section is hereby added to read as follows: A. Add Section 9.04.040.C., as follows: C. The provisions of this section shall not apply to a woman breastfeedlng an infant as permitted by State law. SECTION 4: The repeal of an Ordinance herein shall not repeal the repealing clause of such ordinance or revive any Ordinance which has been repealed thereby. SECTION 5: This Ordinance does not affect prosecutions for ordinanc:e violations committed prior to the effective date of this ordinance, does not waive any fee or penalty due and unpaid on the effective date of this ordinance, and does not affect the vafidity of any bond or cash deposit posted, filed or deposited prior to the effective date of this ordinance. SECTION 6: A summary of this Ordinance shall be published in a newspaper published and circulated in the City of Arroyo Grande at least five (5) days prior to the CIty Council meeting at which the proposed Ordinance Is to be adopted. A certified copy of the full text of the proposed Ordinance shall be posted in the office of the City Clerk. Within fifteen (15) days after adoption of the Ordinance, the summary with the names of those City Council members voting for and against the Ordinance shall be publI8hed again, and the City Clerk shall post a certified copy of the full text of such adopted Ordinance. SECTION 7: This Ordinance shall take effect and be in full force and effect thirty (30) days after its passage. On motion of Council Member Costello, seconded by Council Member Arnold, and on the following roll call vote, to wit: AYES: Council Members Costello, Arnold, Dickens, Guthrie and Mayor Ferrara NOES: None ABSENT: None the foregoing Ordinance was passed and adopted this 14th day of June 2005. ----..------..--- - _.----- -.........------- ORDINANCE NO. 5(,7 PAGE 5 ,~ TONY FE J MAYOR ATTEST: APPROVED AS TO CONTENT: .g:(~i~S;'-dTY MANAGER APPROVED ASTO FORM: ATTORNEY . ----..-- - ~- ------- --------- --- 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 pe~ury, that the attached is a true, full, and correct copy of Ordinance No. 567 which was . introduced at a regular meeting of the City Council on May 24, 2005; was passed and adopted at a regular meeting of the City Council of the City of Arroyo Grande on the 14th day of June 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 16th day of June 2005. t .' )JL+lUl~ ORE, CITY CLERK