O 645 ORDINANCE NO. 645
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ARROYO GRANDE AMENDING PORTIONS OF TITLE
16 OF THE ARROYO GRANDE MUNICIPAL CODE
REGARDING SETBACKS BETWEEN HABITABLE
STRUCTURES ON ADJACENT LOTS, SEPARATE
UTILITY METERS FOR SECONDARY DWELLING UNITS,
TEMPORARY USE PERMIT FEE WAIVER AUTHORITY
FOR NONPROFIT/CHARITABLE EVENTS, AND
MISCELLANEOUS SIGNS
WHEREAS, the City Council finds that in order to enhance the public health, safety and
welfare it is in the best interests of the community to:
A. Regulate the construction of structures and fences located within three feet of
any existing habitable structure on any adjacent residential property; and
B. Allow for additional flexibility related to the regulation of utility meters
associated with secondary dwelling units; and
WHEREAS, the City Council further finds that exempting banners from the City's sign
regulations within the D-2.11 Design Overlay District is consistent with the purpose and
intent of its sign regulations and will maintain the suitability and appropriateness of
allowed signs in a manner that benefits the public and minimizes visual clutter; and
WHEREAS, the proposed revisions to Title 16 are categorically exempt from the
California Environmental Quality Act (CEQA), pursuant to Sections 15061(b)(3) and
15308 of the CEQA Guidelines.
NOW, THEREFORE BE IT ORDAINED by the City Council of the City of Arroyo Grande
as follows:
SECTION 1. The above recitals are true and correct and incorporated herein by this
reference.
SECTION 2. Arroyo Grande Municipal Code Subsection 16.16.090.D.1.a. is hereby
amended as follows:
16.16.090 – Minor use permits—Temporary uses
D. Submittal and Review Requirements
1. Applications for temporary use permits shall contain the following:
ORDINANCE NO. 645
PAGE 2
a. Completed planning application form and required fee and
attachments (see also Section 16.12.030).
i. Fees associated with processing of temporary use permit
applications for nonprofit/charitable events may be waived by the community
development director upon written request at the time of application submittal.
SECTION 3. Arroyo Grande Municipal Code Section 16.48.160 is hereby amended to
read as follows:
16.48.170 — Utility Meters.
family—uses, For any lot zoned for multiple family or single-family uses, a secondary
dwelling unit may, but is not required to, have an electric, gas, or water meter, or sewer
lateral, separate from the primary residence.
SECTION 4. The Arroyo Grande Municipal Code is hereby amended to add Section
16.48.170 as follows:
16.48.170 — Structures and fences located within three feet of other habitable
structures.
No structure or fence, or any portion thereof, may be located, placed or expanded
within three feet (3') of any legally non-conforminq habitable structure on any adiacent
property zoned for residential use.
SECTION 5. Arroyo Grande Municipal Code Subsection 16.52.150.C.11. is hereby
amended as follows:
16.52.150 — Second residential dwellings.
C. Property Development Standards
11. Utility Meters. - -- • - - - - - - - - •
■,
_ • _ . _ • - _ _. • _ -...2 - • '. _ • For any lot zoned for multiple
family or single-family uses, the second residential dwelling may, but is not required to,
have an electric, gas, or water meter, or sewer lateral, separate from the primary
residence on the property. Applicable utility and development impact fees for the
second dwelling will be assessed at the time a building permit is issued, based on
building area and fixtures added.
SECTION 6. Arroyo Grande Municipal Code Subsection 16.60.050.L. is hereby
amended and Subsection 16.60.050.M. is hereby added as follows:
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16.60.050 — Exempt Signs.
Banners in accordance with the provisions of the design guidelines and standards
for design overlay district (D-2.11) —Traffic Way and Station Way.
M. Any sign as determined by the community development director to be similar in
use and size to the signs listed above.
SECTION 7. If any section, subsection, subdivision, paragraph, sentence, or clause of
this Ordinance or any part thereof is for any reason held to be unlawful, such decision shall
not affect the validity of the remaining portion of this Ordinance or any part thereof. The
City Council hereby declares that it would have passed each section, subsection,
subdivision, paragraph, sentence, or clause thereof, irrespective of the fact that any one or
more section, subsection, subdivision, paragraph, sentence, or clause be declared
unconstitutional.
SECTION 8. A summary of this Ordinance shall be published in a newspaper
published and circulated in the City of Arroyo Grande at least five (5) days prior to the
City Council meeting at which the proposed Ordinance is to be adopted. A certified
copy of the full text of the proposed Ordinance shall be posted in the office of the City
Clerk. Within fifteen (15) days after adoption of the Ordinance, the summary with the
names of those City Council Members voting for and against the Ordinance shall be
published again, and the City Clerk shall post a certified copy of the full text of such
adopted Ordinance.
SECTION 9. This Ordinance shall take effect thirty (30) days after its adoption.
On motion of Council Member Guthrie, seconded by Council Member Ray, and on the
following roll call vote to wit:
AYES: Council Members Guthrie, Ray, Brown, and Mayor Ferrara
NOES: None
ABSENT: Council Member Costello
The foregoing Ordinance was adopted this 28th day of August 2012.
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r
TONY F A, MAYOR
ATTEST:
i U-f1-6 --
KELL WET"ORE, CITY CLERK
APPROVED AS TO CONTENT:
S VE DAMS, CITY MANAGER
APPROVED AS TO FORM:
i/L
TI OTHY . RMEL, CITY 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 perjury, that
the attached is a true, full, and correct copy of Ordinance No. 645 which was
introduced at a regular meeting of the City Council on August 14, 2012; was
passed and adopted at a regular meeting of the City Council/Successor Agency
to the Dissolved Arroyo Grande Redevelopment Agency of the City of Arroyo
Grande on the 28th day of August 2012; 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 29th
day of August 2012.
."
KELL Wt MORE, CITY CLERK