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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: ORDINANCE NO. 645 PAGE 3 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. ORDINANCE NO. 4115 PAGE 4 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