The following documents are incorporated by reference into this title:

A.

Design Guidelines and Standards for Design Overlay District (D-2.11) pertaining to the Traffic Way and Station Way area (as amended);

B.

Design Guidelines and Standards for the Historic Character Overlay District D-2.4, as amended;

C.

Design Guidelines and Standards for Mixed Use Districts pertaining to the E. Grand Avenue and a portion of El Camino Real (as amended);

D.

Arroyo Grande Standard Plans for Public Works Construction (as amended);

E.

Oak Park Acres Planned Development - Ordinances 140 C.S., 150 C.S., 196 C.S., 246 C.S., 259 C.S., 291 C.S., 296 C.S., 316 C.S., and 396 C.S.;

F.

Rancho Grande Planned Development - Ordinances 186 C.S., 302 C.S., 315 C.S., 343 C.S., and 397 C.S.;

G.

Royal Oaks Planned Development - Ordinances 355 C.S., 356 C.S., 358 C.S., 384 C.S., 406 C.S., 418 C.S. and 430 C.S.;

H.

Wildwood Ranch Planned Development - Ordinance 214 C.S.;

I.

Oki Planned Development - Ordinance 420 C.S.;

J.

Flood Insurance Study for the City of Arroyo Grande, dated July 1983, or as officially amended;

K.

City of Arroyo Grande Development Standards for Fire Protection, as amended;

L.

Ordinance 153 C.S. relating to a Design Development Overlay District;

O.

Ordinance 86 C.S. relating to a Design Development Overlay District;

P.

Ordinance 360 C.S. relating to a Design Development Overlay District 117;

Q.

Ordinance 130 C.S. relating to a Design Development Overlay District;

R.

Ordinance 581 relating to a Design Development Overlay District OMU-D-2.20.

S.

Public Art Guidelines, as amended.

T.

Design Requirements for Post Construction Stormwater Compliance, as the same may be amended from time to time.

Copies of each of the above-listed documents are on file with the community development department and administrative services department.

(Ord. 605 § 3, 2008; Ord. 584 § 3 (part), 2007; Ord. 581 § 2, 2006; Ord. 557 § 3, Exh. C (part), 2004: Ord. 552 § 3, Exh. B (part), 2004; Ord. 539 § 1, 2003: prior code § 9-01.160)

(Ord. No. 600, § 2 Exh. A, 5-26-2009; Ord. No. 640, § 2, 11-22-2011; Ord. No. 660, § 4, 2-25-2014; Ord. No. 690, § 2, 2-27-2018)

A.

An application for any permit, license or approval submitted pursuant to this title shall not be accepted as complete for processing under this title unless it is consistent with the general plan, however, the concurrent filing of a general plan amendment application with an amendment to a zoning district or the provisions of this title shall be allowed. In any case where there is a conflict in regulation between this title and the general plan, the general plan shall prevail.

B.

All subdivisions within the city shall be consistent with the Arroyo Grande general plan, all applicable specific plans, and other applicable laws, titles, ordinances, codes, policies and regulations.

C.

A proposed use is consistent with the land use, circulation, open space and conservation, housing, noise, safety and seismic safety, and parks and recreation elements of the Arroyo Grande general plan when all of the following conditions exist:

1.

The proposed use is compatible with the description of the land use element designation in which the use is located, as shown by the land use element map, and as described in the text of the general plan;

2.

The proposed use is in conformance with the goals, objectives, policies, programs, maps and guidelines of all elements of the general plan and the intent thereof;

3.

The proposed use is to be established and maintained in a manner which is consistent with all elements of the general plan and all applicable provisions contained therein.

(Prior code § 9-01.070)

A.

Purpose and Intent. The purpose and intent of this section is to establish a uniform schedule by which to refund application fees.

B.

Matters Requiring Public Hearing. Whenever an application for a general plan or zoning amendment, or for a permit, license or approval that requires a public hearing is terminated for any reason, upon request of the applicant, a refund of fees paid shall be made by the finance director in accordance with the following schedule. If any portion of the application fee has been paid out by the planning director to another jurisdiction or agency for services to be rendered in connection with the application, no refund of that portion of the fee shall be made by the finance director to the applicant.

Table 16.08.030-A
Schedule for Refund of Fees

(Prior code § 9-01.170)

Pursuant to Section 65100 of the California Government Code, the planning agency for the city shall consist of the city council, planning commission, architectural advisory committee, staff advisory committee, and the planning department acting under authority of this title.

(Prior code § 9-01.090)

The city council shall have the authority to review and approve the following:

A.

General plan amendments;

B.

Specific plans and amendments to specific plans;

C.

Amendments to zoning districts and other provisions of this title;

D.

Development Agreements;

E.

Appeals of planning commission determinations;

F.

Permits, licenses or approvals within an approved planned development;

G.

Extensions of time (for projects originally approved by city council);

H.

Concurrent applications pursuant to Section 16.12.070.

(Prior code § 9-01.100)

A.

The planning commission will review and approve the following:

1.

Conditional use permits;

2.

Surface mining permits;

3.

Variances;

4.

Tentative maps;

5.

Vesting tentative maps;

6.

Lot line adjustments;

7.

Lot mergers;

8.

Reversion to acreage;

9.

Certificate of compliance;

10.

Notice of violations;

11.

Planned sign program;

12.

Viewshed review permits (if necessary);

13.

Planned unit development permits;

14.

Extensions of time (for projects originally approved by planning commission);

15.

Architectural review if necessary;

16.

Appeals of planning director determinations.

B.

The planning commission will make recommendations to the city council on the following:

1.

General plan amendments;

2.

Specific plans and amendments to specific plans;

3.

Amendments to this title pursuant to Section 16.16.040(B);

4.

Development agreements;

5.

Permits, licenses or approvals within an approved planned development.

(Ord. 573 Exh. A (part), 2005; Ord. 547 § 3 (F), 2003)

A.

Created. There is created a staff advisory committee for the city. It shall consist of the community development director, building official, director of parks and recreation, fire chief, public works director, police chief, or their designated representatives, as well as such other members as the city council may by resolution include.

B.

Powers and Duties. The staff advisory committee shall have the general power to act in an advisory capacity to the community development director and planning commission in regard to permits, licenses and approvals that are subject to the provisions of this title. In addition to the foregoing general power, the staff advisory committee shall have the following particular powers and duties:

1.

Study, consider and develop recommendations for continuance, approval, approval with conditions or modifications, or denial of applications subject to the provisions of Chapters 16.16 and 16.20 of this title;

2.

Recommend such project revisions, alternatives and conditions as may be necessary to achieve consistency with the Arroyo Grande general plan, as well as compliance with the provisions of this title and other applicable laws, titles, ordinances, codes, policies and regulations;

3.

Study, consider and recommend on matters related to the development review process established by the city pursuant to this title;

4.

Raise concerns regarding the environmental impacts of a project pursuant to the California Environmental Quality Act (CEQA) and recommend an environmental determination.

C.

Chair and Committees. The community development director or his or her designated representative shall serve as chairperson of the staff advisory committee. The committee may establish such standing and temporary subcommittees as it may deem expedient for the performance of its duties, and the chairperson, with consent of the committee, may fix and appoint the membership of such subcommittee.

D.

Meetings and Rules of Procedure. The committee shall hold one or more regular monthly meetings and designate the times, dates and places thereof. Meetings solely for the purpose of compiling staff comments and departmental conditions of approval need not be open to the public. The project applicant may be invited to attend meetings to discuss with him or her suggested compiled comments and conditions. Special meetings may be called by the chairperson or by a majority of the committee, provided that adequate legal notice was given to each member.

(Prior code § 9-01.130)

A.

Applicability.

1.

Any of the following shall be a violation of this development code and shall be declared to be unlawful and a public nuisance, and shall be subject to the enforcement remedies provided by this title, the Arroyo Grande municipal code, and state law.

a.

To install, create, erect, establish or maintain any building, structure, sign or use in a way that is inconsistent with any plan, permit, approval or license governing such building, structure, sign, or use or the zoning district in which the building, structure, sign or use is located;

b.

To install, create, erect, establish or maintain any building, structure, sign or use requiring a permit, approval or license without such a permit, approval or license;

c.

To fail to remove any building, structure, sign or use that is installed, created, erected, established or maintained in violation of this development code; or

d.

To continue any such violation. Each such day of a continued violation shall be considered a separate violation when applying the penalty provisions of this title.

2.

It shall be the duty of the city manager, or his or her designee, and building official to enforce the provisions of this title pertaining to the erection, construction, reconstruction, moving, conversion, alteration or addition to any building or structure.

B.

Violation—Penalty.

1.

The city manager and his or her designee shall seek the correction of any violation(s) of any provision of this title through the use of the citation procedure or the nuisance abatement procedures or both such procedures as set forth in this chapter.

2.

Any person, firm or corporation, whether as principal, agent, employee or otherwise, violating or causing the violation of any of the provisions of this title, shall be guilty of a misdemeanor, and upon conviction thereof, shall be punishable by a fine or imprisonment in the county jail of the county of San Luis Obispo, or by both such fine and imprisonment. Such person, firm or corporation shall be deemed to be guilty of a separate offence for each and every day during any portion of which any violation of this chapter is committed or continued by such person, firm or corporation shall be deemed to be guilty of a separate offense for each and every day during any portion of which any violation of this chapter is committed or continued by such person, firm or corporation, and shall be punishable as provided in this section.

3.

Any person who violates any provision of this title shall be required to correct or remedy such violations within a reasonable period of time.

4.

Any person, firm or corporation that constructs or erects any building or structure without first receiving the necessary permit, approval, or license shall be subject to a penalty assessment of ten thousand dollars ($10,000.00) or the cost of removing the structure, whichever is greater. The cost of removing the structure shall be determined by the city building official. In addition to the above penalty assessment, the illegal building or structure shall be removed unless an application for the required permit, approval or license and three times the application fee is submitted to the appropriate city department. If such application is denied, the illegal building or structure shall be removed.

5.

Any person, firm or corporation that constructs, erects, maintains or establishes any sign or use without first receiving the necessary permit, approval, or license shall be subject to a penalty assessment of one hundred dollars ($100.00) or the cost of removing the sign, whichever is greater. The cost of removing the sign shall be determined by the city building official. In addition to the above penalty assessment, the illegal sign or use shall be removed or terminated unless an application for the required permit, approval or license and three times the application fee is submitted to the appropriate city department. If such application is denied, the illegal sign or use shall be removed or terminated.

C.

Right of Entry.

1.

Whenever necessary to make an inspection to enforce any provision of this title, or whenever the city manager or authorized designee has reasonable cause to believe that there exists in any building or upon any premises any condition in violation of this title, the city manager or duly authorized designees may enter such premises at all reasonable times to perform any duty imposed upon such officer by this title; provided, that:

a.

If the premises are private and occupied, the official shall present proper credentials, state the reasons for entry, and request entry, and if entry is not granted, a court order shall be secured;

b.

If premises are unoccupied, the official shall make a reasonable effort to locate the owner or other persons having charge or control of such premises, inform the owner of the reasons for entry and demand entry;

c.

The official shall not be allowed to enter any occupied dwelling in the absence of the occupants without a proper written order executed and issued by a court having jurisdiction to issue the order.

2.

If entry allowed under the provisions of this section is refused, the city manager or authorized designee shall have recourse to every remedy provided by law to secure entry.

D.

Notice and Order to Abate. The city manager or his or her designee may issue a notice to appear in court to any person suspected of a violation of any of the provisions of this title but first must issue a notice and order to abate the nuisance to the owner, as well as the occupant of the premises, giving notice that he or she has determined that a violation of the code exists. The notice and order shall contain:

1.

The street address and a legal description sufficient to identify the premises on which a violation is found to exist;

2.

A statement that the city manager or his or her designee has found a violation to exist on such premises, and a description of such conditions and the action necessary to correct such violation(s);

3.

An order to secure permits if necessary and to commence and complete work to correct the violation(s) within a specified period of time;

4.

A statement advising that if the required correction or elimination of condition(s) in violation is not commenced and completed within the specified time, the city manager or his or her designee shall either:

a.

Cite the owner with notice to appear in court for violation of a specific provision or provisions of this title (see subsection F of this section);

b.

Institute proceedings for the abatement of the conditions as a public nuisance before the city council under subsection E of this section;

c.

Take both such actions to cite into court and institute nuisance abatement proceedings.

If the owner or occupant of the premises fails to correct the violation(s) within the time specified in the notice and order to abate the nuisance, the city manager or his or her designee may issue a notice to appear in court to such owner or occupant for violation of a specific provision or provisions of this title.

E.

Nuisance Abatement. In the event such owner fails, neglects or refuses to comply with the notice and order to abate the nuisance served pursuant to subsection D of this section, the city manager or his/her designee shall either request the city attorney to institute a civil action in the name of the people of the state to abate the nuisance or schedule a hearing before the city council, in accordance with Chapter 9.12, for summary abatement proceedings under the police powers of the city and pursuant to Government Code Section 38771 through 38773.5.

F.

Notice to Appear in Court.

1.

Any city officer or employee arresting any person for a violation of any provision of this development code who does not immediately take such arrested person before a magistrate, as prescribed in the California Penal Code, shall prepare in duplicate a written notice to appear in court. The notice shall contain:

a.

The name and address of the person arrested;

b.

The offense charged, the time and place of the alleged violation;

c.

Where and when such person shall appear in court.

The time specified in the notice for appearance must be at least ten (10) days after such arrest. The place specified in the notice to appear shall be in conformity with the applicable provisions of the Penal Code of the state.

2.

The arresting city officer or employee shall deliver one copy of the notice to appear to the alleged violator. The alleged violator, in order to secure immediate release, must give a written promise to so appear in court at the time and place indicated on the notice by signing the duplicate notice, which signed copy shall be retained by the city officer or employee. Thereafter, the arresting city officer or employee shall release forthwith from custody the person so arrested. The duplicate copy of the notice to appear shall be filed in the manner prescribed in the Penal Code of the state.

G.

Failure to Appear. Any person who wilfully violates a written promise to appear in court by failing to appear at the time and place stated shall be deemed guilty of a misdemeanor regardless of the disposition of the charge upon which he or she has originally been arrested.

H.

Warrant for Arrest Upon Failure to Appear. When a person signs a written promise to appear at the time and place specified therein, and has not posted bail as provided in the Penal Code of the state, the magistrate shall issue and have delivered for execution a warrant for his or her arrest within twenty (20) days after such person has failed to appear as promised, or if such person promises to appear before an officer authorized to accept bail, other than a magistrate, and fails to do so on or before the date that he or she promised to appear, then within twenty (20) days after delivery of such written promise to appear by the officer to the magistrate having jurisdiction over the offense, such magistrate shall issue and have delivered for execution a warrant for his or her arrest. When such person violates his or her promise to appear before an officer authorized to receive bail other than a magistrate, the officer shall immediately deliver to the magistrate having jurisdiction over the offense charged the written promise to appear and the complaint, if any, filed by the arresting officer or employee.

I.

Attorney's Fees. In any civil action commenced by the city to abate a public nuisance, to enjoin a violation of any provision of this development code, or to collect a civil debt owing to the city, the city shall be entitled to recover from the defendant in any such action reasonable attorney's fees and cost of suit.

(Prior code § 9-01.150)