Arroyo Grande City Zoning Code

CHAPTER 16

16 - LAND USE PERMITS AND APPROVALS

16.16.010 - Purpose and intent.

These provisions are intended to prescribe the procedure for filing applications for permits, appeals, amendments and approvals when required or permitted by this title. These provisions are intended to provide the framework by which applications will be determined to be complete and permitted to be filed.

(Prior code § 9-03.010)

16.16.020 - General plan amendment.

Purpose and Intent. As conditions within the city change, it may, from time to time, become necessary or desirable to amend the general plan to enhance it effectiveness. In addition, state law requires that the general plan be periodically updated. The purpose of this section is to provide a method for amending the general plan to ensure its continued effectiveness.

Authority. The city council is authorized to approve general plan amendments. The planning director, staff advisory committee, and planning commission shall provide recommendations to the city council regarding general plan amendments. A public hearing pursuant to the provisions of Section 16.12.160 of this title shall be required.

The city council may amend all or part of the general plan, or any element thereof. All zoning districts, any specific plan, and other plans of the city that are applicable to the same areas or matters affected by the general plan amendment, and which by law must be consistent with the general plan, shall be reviewed and amended concurrently as necessary to ensure consistency between the general plan and implementing zoning, specific plans, and other plans.

Initiation of Amendments to the General Plan. An amendment to the general plan or any element thereof may be initiated by any of the following actions:

The consensus of the city council or planning commission;

The filing of an application from a property owner or his or her authorized agent, or any affected party. If the property for which a general plan amendment is proposed is in more than one ownership, all the owners or their authorized agents may join in filing the application;

The determination by the planning director that changes are necessary to the existing setting report to reflect current conditions in the city.

Submittal and Review Requirements.

Applications for an amendment to the general plan or any element thereof shall contain the following:

Completed planning application form and required fee and attachments (See also Section 16.12.030);

Ten (10) sets of exhibit(s) showing the requested changes:

Text, with existing words to be deleted, lined through, and words to be added underlined, and

ii.

Map(s) with the area to be changed outlined in a heavy, black line and the proposed change clearly labeled. The map shall be a copy of the actual general plan land use map and other maps or figures included in the document that are proposed to be revised. Assessor's book or street maps are not acceptable. An eight and one-half inches by eleven (11) inches transparency of each map or figure shall also be submitted;

Statement describing:

How the amendment carries out existing policies of the general plan or why the proposed change in policies is warranted by new conditions or community desires, and

ii.

How the proposed change or changes relate to other general plan elements;

Two copies of a preliminary title report dated within the last six months.

Planning Commission Review.

Following receipt in proper form of a completed application or direction from the city council or planning commission, and completion of required environmental documentation, a public hearing before the planning commission shall be noticed and held in compliance with Section 16.12.160 of this title.

The planning commission shall indicate by resolution whether the change is consistent with the goals and objectives of the general plan and shall recommend to the city council that the proposed amendment be approved, approved in modified form, or disapproved. A recommendation for approval shall be made by the affirmative vote of not less than a majority of the total membership of the commission. The city clerk shall be notified of the commission recommendation following their hearing.

City Council Review and Action. The city council shall conduct a public hearing on the amendment after first giving notice of the hearing in compliance with Section 16.12.160 of this title. The city council may approve, approve with modifications, or disapprove any proposed amendment.

Restriction on Number of Amendments. Except as otherwise provided in state law, no mandatory element of the general plan shall be amended more frequently than four times during any calendar year. Applications for amendments to the general plan shall be collected by the planning department on a calendar year quarterly basis, with filing periods ending March 31st, June 30th, September 31st and December 31st. Each amendment may include more than one change to the general plan. The limitation on the annual number of amendments does not apply in the following circumstances:

A general plan amendment requested and necessary for a single development of residential units, at least twenty-five (25) percent of which will be occupied by or available to persons and families of low or moderate income, as defined by Section 50093 of the California Health and Safety Code. The specified percentage of low- or moderate-income housing may be developed on the same site as the other residential units proposed for development, or on another site or sites encompassed by the general plan, in which case the combined total number of residential units shall be considered a single development proposal for purposes of this section;

A general plan amendment required by a court decision made pursuant to Article 14 (commencing with Section 65750) of the Government Code;

A general plan amendment required by Government Code Section 65302.3(b);

A general plan amendment required by Health and Safety Code Section 56032(d);

A general plan amendment required by Public Resources Code Section 30500(b);

Optional general plan elements.

Required Findings. An amendment to the general plan shall not be approved unless all of the following findings are made:

The proposed amendment is consistent with the goals, objectives, policies and programs of the general plan and will not result in any internal inconsistencies within the plan.

The proposed amendment will not adversely affect the public health, safety and welfare.

The potential environmental impacts of the proposed amendment are insignificant or can be mitigated to an insignificant level, or there are overriding considerations that outweigh the potential impacts.

(Prior code § 9-03.020)

16.16.030 - Specific plan adoption and amendments.

Purpose and Intent. Specific plans are a significant tool to implement the general plan, as well as an inducement to the development of mixed use developments desired by the city. A specific plan documents the proposed distribution, location, extent and intensity of major components of public and private transportation, sewage, water, drainage, solid waste disposal, energy, parks, and other essential facilities proposed to be located within or needed to support the land uses described in the plan, as well as implementation and financing methods and added benefits to the city as a whole. It is the purpose of this section to provide a method for the adoption of specific plans, in order to provide adequate development flexibility for innovation in residential building types, land use mixes, site design, and development concepts. In addition, it is the purpose of this section to provide a method for amending specific plans to ensure their continued effectiveness and responsiveness to market demands over time.

Additional information regarding the specific plan zoning district can be found in Chapter 16.44.

Authority. The city council is authorized to approve specific plans and specific plan amendments. The planning director, staff advisory committee, and planning commission shall provide recommendations to the city council regarding specific plan adoption and amendments. A public hearing pursuant to the provisions of Section 16.12.160 of this title shall be required.

Initiation of Specific Plans and Amendments to Specific Plans. Adoption of a new specific plan or an amendment to an existing specific plan may be initiated by any of the following actions:

The consensus of the city council or planning commission;

An application from a property owner or his or her authorized agent or any affected party. If the property for which a specific plan or specific plan amendment is proposed is in more than one ownership, all the owners or their authorized agents may join in filing the application.

This section shall apply to all sites designated in the general plan for a specific plan or any other area of the city where the applicant believes that implementation of a specific plan will benefit the project and the city. In addition, the city council or planning commission may determine that because of a project's size, mixed uses, adverse environmental impacts, local controversy, or other factors, a specific plan is required for a privately-initiated project.

Submittal and Review Requirements.

Pre-application Procedure.

Prior to submitting an application for a specific plan, the applicant or prospective developer shall apply for a preapplication review conference with the planning director and staff advisory committee to obtain information and guidance before entering into binding commitments incurring substantial expense in the preparations of plans, surveys, and other data. Coordination of preparation of environmental documentation shall be discussed. Such preliminary consultations shall be relative to a conceptual development plan, which includes, but is not limited to, the following:

Proposed land uses to be developed with the district;

ii.

Development concepts to be employed;

iii.

Schematic maps, illustrative material and narrative sufficient to describe the general relationships between land uses, and the intended design character and scale of principal features; and

iv.

A preliminary time schedule for development, including quantitative data, such as population, housing units, land use acreage, and other data sufficient to illustrate phasing of development and potential impact on public service requirements.

Following initial preliminary consultations pursuant to this section, the planning director may require submission of a competently prepared housing market analysis, if applicable, demonstrating the need for housing by price range and number of dwelling units. Such analysis may be requested as a part of the preapplication review procedure, may be made a requirement for submission of an application for a specific plan, or may be requested as part of the environmental assessment or EIR.

Following initial preliminary consultations pursuant to this section, the planning director may require submission of a competently prepared commercial market analysis, if applicable, for any proposed shopping center or major commercial uses, showing the need for such uses, in the location requested, and inadequacy of existing district sites to meet this need. The market analysis shall include, but not be limited to, the following:

Determination of potential trade area;

ii.

Estimates of existing and future population of the trade area;

iii.

Determination of existing and potential effective buying power in the trade area; and

iv.

Determination of the net potential customer buying power for the proposed commercial development. Such analysis may be requested as a part of the preapplication review procedure or may be made a requirement for submission of an application for a specific plan or may be requested as part of the environmental assessment or EIR.

All specific plan and specific plan amendment applications shall be accompanied by an application to change the underlying zoning district to a specific plan ("SP") zone and amend this title to incorporate the specific plan by reference.

Applications for a specific plan or specific plan amendment shall contain the following:

Completed planning application form and required fee and attachments (see also Section 16.12.030);

Three copies of the specific plan document (or proposed revisions to an adopted specific plan in the case of an amendment application), including text and a diagram specifying all of the following in detail:

A statement of the relationship between the specific plan and the general plan,

ii.

A boundary survey map of the area within the specific plan and a calculation of the gross land area within the proposed district,

iii.

A topographic map and, if applicable, a general grading concept plan for the property and adjacent land within one hundred (100) feet of the property, shown at contour intervals not to exceed two feet for natural slopes over two percent or less. For natural slopes of two percent, contour interval shall not exceed five feet,

iv.

Maps and supporting tabulations showing the current general plan land use designation, the current zoning district classification, and the current land use within the proposed district and on adjacent sites within three hundred (300) feet. The location of structures and other significant improvements shall be shown,

The distribution, location and extent of the uses of land, including open space, within the area covered by the specific plan. Projected acreage, population, housing units, employment, and other related planning and development data should be provided for each use,

vi.

The proposed distribution, location and extent and intensity of major components of public and private transportation, sewage, water, drainage, solid waste disposal, energy, and other essential facilities proposed to be located within the area covered by the specific plan,

vii.

Text setting forth the basic land use regulations, site development regulations, and performance standards and criteria by which development will proceed (see Chapter 6.44 regarding specific plan zoning district), and standards for the conservation, development and utilization of natural resources, where applicable. The text shall include supplemental illustrations, as required, establishing the basic community architectural character, environmental character, and environmental design qualities to be attained throughout the specific plan area and within particular portions of the district,

viii.

A program of implementation measures, including regulations, programs, public works projects and paragraphs.

ix.

Identification of any project phasing, if applicable. All major infrastructure, including parks and landscaping adjacent to roadways or major elements of the specific plan, shall be installed in the first phase of development. Please refer to Chapter 16.84, Water Efficient Landscape Requirements, for rules and regulations regarding landscape and irrigation, including limitations on the percentage of turf/lawn that can be placed in landscape areas. All parks and roadways required to service each phase shall be completed prior to occupancy. The responsibility of the developer, the city, and any other agencies shall be discussed in the phasing section of the document. Any and all agreements that require city participation, developer contribution, or construction of facilities shall be discussed.

Any other information required by state law to be included in a specific plan.

The specific plan may address any other subjects that, in the judgment of the planning commission or city council, are necessary and desirable for implementation of the general plan;

Two copies of a preliminary title report dated within the last six months.

Planning Director Review.

After an application for a specific plan or specific plan amendment has been determined to be complete, the applicant shall submit one reproducible copy and fifty-five (55) copies of the document. The copies shall be distributed to the staff advisory committee, planning commission, city council, south county library, city attorney, and each local agency with special expertise along with the environmental document.

The planning director shall request the staff advisory committee (and possibly the architectural advisory committee) to review and make recommendations regarding the specific plan.

The review period for the specific plan shall be forty-five (45) calendar days.

Planning Commission Review.

After the planning director and the staff advisory committee (and possibly the architectural advisory committee) have reviewed the specific plan and the required environmental documentation has been completed and reviewed, a public hearing before the planning commission shall be noticed and held pursuant to the provisions of Section 16.12.160.

The planning commission shall indicate by resolution whether the specific plan or specific plan amendment is recommended to the city council for approval, approval in modified form, or disapproval. The city clerk shall be notified of the commission recommendation following their hearing.

City Council Review and Action.

The city council shall conduct a public hearing on the specific plan or the specific plan amendment pursuant to the provisions of Section 16.12.160.

Approval of the specific plan or specific plan amendment shall be by resolution. The city council may approve, approve with modifications, or disapprove any proposed specific plan or specific plan amendment.

If the city council approves the specific plan with modifications, a final reproducible specific plan document shall be submitted to the city within thirty (30) days of the first reading of the ordinance adopting the specific plan zoning district.

Required Findings. The city council may approve a specific plan or an amendment to an adopted specific plan only if all of the following findings of fact can be made in an affirmative manner:

The proposed specific plan (or specific plan amendment) is consistent with the goals, objectives, policies and programs of the general plan;

The proposed specific plan (or specific plan amendment) will not adversely affect the public health, safety and welfare or result in an illogical land use pattern;

The specific plan (or proposed specific plan amendment) is necessary and desirable in order to implement the provisions of the general plan;

The development standards contained in the specific plan (or specific plan amendment) will result in a superior development to that which would occur using standard zoning and development regulations.

In the case of a specific plan amendment, the following additional finding shall be made prior to its adoption:

The proposed specific plan amendment will not create internal inconsistencies within the specific plan and is consistent with the purpose and intent of the specific plan it is amending.

(Prior code § 9-02.030)

(Ord. No. 633, § 4, 6-14-2011)

16.16.040 - Amendments to zoning districts and other provisions.

Purpose and Intent. This section establishes the procedures for amending this title, including previously approved planned developments (PD ordinances). The amendment process is necessary to provide and ensure consistency between this title and the general plan and state law, to increase the effectiveness of this title, and to improve clarity in implementing general plan goals and objectives.

Authority. Authority for approval of amendments to this title, including amendments to the zoning map, shall be vested in the city council. The planning commission shall provide recommendations to the city council regarding amendments to Chapters 16.16, 16.20, 16.28 through 16.76 and Section 16.04.070, inclusive. A public hearing pursuant to the provisions of Section 16.12.160 of this title shall be required prior to action by the city council.

Amendments to zoning districts or text of this title that are not consistent with the general plan must be accompanied by a general plan amendment application.

Initiation of Amendments to Zoning Districts and this title.

An amendment to zoning districts or other provisions of this title may be initiated by any of the following actions:

The consensus of the city council or planning commission:

The filing of an application from a property owner or his or her authorized agent or any affected party. If the property for which an amendment is proposed is in more than one ownership, all the owners or their authorized agents may join in filing the application:

The determination by the community development director that the amendment is necessary to implement or achieve consistency with the general plan.

Submittal and Review Requirements.

Applications for an amendment to zoning districts or other provisions of this title shall contain the following:

Completed planning application form and required fee and attachments (see also Section 16.12.030);

Ten (10) sets of exhibit(s) showing the requested changes:

Text, with existing words to be deleted, lined through, and words to be added underlined,

ii.

Map(s) with the area to be changed outlined in a heavy, black line and proposed changes to any diagrams within the text of this title, with the proposed change clearly labeled. The map shall be a copy of the actual zoning map. Assessor's book or street maps are not acceptable. An eight and one-half inches by eleven (11) inches transparency of each map or diagram shall also be submitted;

Statement describing:

How the changes implement the general plan; or

ii.

How general plan policies are being amended to allow the zoning district or this title amendment (a general plan amendment application must also be submitted and processed concurrently);

Two copies of a preliminary title reported within the last six months.

Planning Commission Review.

After receipt in proper form of a completed application or direction from the city council or planning commission, and completion of required staff review and environmental documentation, a public hearing before the planning commission shall be noticed and held pursuant to the provisions of this title.

The planning commission shall indicate by resolution their recommendation to approve, approve in modified form, or disapprove the proposed amendment to this title or amendment to the zoning map.

City Council Review and Action. The city council shall conduct a public hearing on the matter pursuant to the provisions of Section 16.12.160. The city council may approve, approve with modifications, or disapprove any proposed amendment by ordinance.

Required Findings. The city council may approve amendments to this title, including amendment to the zoning map only if all of the following findings of fact can be made in an affirmative manner:

The proposed change of zone (or revision to this title) is consistent with the goals, objectives, policies and programs of the general plan, and is necessary and desirable to implement to provisions of the general plan;

The proposed change of zone (or revision to this title) will not adversely affect the public health, safety, and welfare or result in an illogical land use pattern;

The proposed change of zone (or revision to this title) is consistent with the purpose and intent of the title (or the portion of this title it is amending);

The potential environmental impacts of the proposed change of zone (or revision to this title) are insignificant, or there are overriding considerations that outweigh the potential impacts;

For applications to amend this title for the purposes of rezoning property in an agricultural district to a non-agricultural district, the following additional findings of fact must be made in an affirmative manner;

That the uneconomic nature of the agricultural use is primarily attributable to circumstances beyond the control of the landowner and the city, and there are no other reasonable or comparable agricultural uses to which the land may be put, either individually or in combination with other adjacent farmland parcels; and

The proposed change in zone (or revision to this title) is for a parcel, or for a contiguous set of parcels, that is legally non-conforming as to minimum area in the agriculture district; and

The proposed change in zone (or revision to this title) will not result in, intensify, or contribute to discontiguous patterns of urban development; and

The proposed change in zone (or revision to this title) will not likely result in the removal of adjacent lands from agricultural use; and

The proposed change in zone (or revision to this title) is for an alternative use which is consistent with the applicable provisions of the city's general plan; and

That there is no proximate land, which is both available and suitable that would provide more contiguous patterns of urban development than development of the subject farmland.

Pre-Zoning.

For the purpose of establishing zoning regulations, which would become effective only upon annexation, property outside the corporate boundaries of the city, but within the sphere of influence, may be classified within one or more districts in the same manner and subject to the same procedural requirements as prescribed in this title for properties within the city.

Upon passage of an ordinance establishing the applicable pre-zoning designation for property outside the city, the zoning map shall be revised to identify each district or districts applicable to such property with the label of "Pre," in addition to such other map designation as may be applicable.

Recordation of Zoning Map Amendments. A change in district boundaries shall be indicated by revising the zoning map and by listing on the zoning map the number of the ordinance amending the map.

(Prior code § 9-03.040)

16.16.050 - Conditional use permits.

Purpose. A conditional use permit is intended to allow the establishment of those uses that have some special impact or uniqueness such that their effects on the surrounding environment cannot be determined in advance of the use being proposed for a particular location. The permit application process allows for the review of the location and design of the proposed use, configuration of improvements, and potential impact on the surrounding area from the proposed use. The review shall determine whether the proposed use should be permitted, by weighing the public need for and benefit to be derived from the use against any adverse impact it may cause.

Authority. Except for concurrent applications as provided for in Section 16.12.070, the planning commission is authorized to approve conditional use permits, subject to the appeal provisions of Section 16.12.150. Conditional use permit applications involving new construction or any changes to the exterior of an existing building shall be subject to the architectural review procedures outlined in Section 16.12.190.

If the community development director determines that all the following circumstances exist regarding a development proposal, a conditional use permit may not be required; and the project shall be subject to minor use permit review (see Section 16.12.060) or business license clearance (see Section 16.12.180):

The project will be occupying an existing building or will require an addition to an existing structure that will not result in an increase of more than twenty-five (25) percent of the floor area of the structure before the addition, or five hundred (500) square feet, whichever is less; and

The proposed use is the same or similar in character to the existing use, as determined by the community development. Exceptions may be allowed if the community development director determines that the new use is less intensive than the existing use; and

The project is exempt from CEQA review and there is no possibility of a significant impact on the environment.

The community development director, staff advisory committee, and architectural review committee shall provide recommendations to the planning commission regarding conditional use permits. A public hearing pursuant to Section 16.12.160 of this title shall be required.

Submittal and Review Requirements.

Applications for Conditional Use Permits shall contain the following:

Completed planning application form and required fee and attachments (see also Section 16.12.030);

The following drawings, graphics or illustrations signed by the architect, draftsperson, designer, engineer or person designing the plans in accordance with all applicable state and city laws.

Ten (10) blueprints of the plot plan drawn to an engineer's scale (approval necessary) for use of scale smaller than 1:30, i.e., 1:40 or 1:50 and folded to nine inches by twelve (12) inches size, and one eight and one-half inches by eleven (11) inches transparency of each sheet showing:

(A)

Location, exterior boundaries, and dimensions of the entire property that is the subject of the application. The scale of the drawing and a north arrow shall be indicated. An area location map showing the proposed project site and its distance from nearby cross streets and natural or manmade landmarks, as necessary to readily locate the site, may be included,

(B)

The location, name, width and pavement type of adjacent street(s) or alley(s), as well as the location of existing or proposed curbs, gutter, or sidewalk improvements, if any,

(C)

The location, dimensions and use of all existing and proposed structures on the property, including accessory structures, trash enclosures, decks, balconies, fences, walls, exterior lighting structures, signs, and other structural elements that protrude into yard areas. When the use of a proposed structure is not certain at the time of application, the occupancy-type, as defined by the Uniform Building Code, may be substituted for use,

(D)

The locations, dimensions and type of existing and proposed utilities, including water supply, sewage disposal facilities, electricity, gas, or other utilities. Existing and proposed public and private easements shall be shown,

(E)

The location and dimensions of existing or proposed driveways and parking areas (enclosed or open), including type of surfacing materials, parking spaces, aisles, and identification of any driveway grades over ten (10) percent. The flow of traffic should be noted by arrows,

(F)

The generalized location of any major topographic or manmade features on the site, such as rock outcrops, bluffs, streams and watercourses, or graded areas. A topographic map may be required by the community development director,

(G)

The locations of all existing trees and major shrubs, with specifications as to which plants are to be removed or retained,

(H)

The following statement of conformance: "The attached plans are in substantial conformance with all applicable state, local and other laws regulating this type of development,"

ii.

Ten (10) blueprints of a grading and drainage plan (folded to nine inches by twelve (12) inches size) if found necessary by the community development director or public works director.

iii.

Ten (10) blueprints of preliminary floor plans (folded to nine inches by twelve (12) inches size), drawn to a standard engineer's or architect's scale, for each story of each building or structure, showing the following:

(A)

Location of walls, doors and windows,

(B)

Identification of activity areas,

(C)

Placement of window and door locations on floor plans in coordination with the elevations.

Larger projects, such as shopping centers, as compared to an office building, may receive exemptions from floor plan submittal as required by this subsection if recommended by the community development director.

iv.

Preliminary landscaping plan prepared by a licensed landscape architect or as approved by the parks and recreation director;

A sign permit application to be processed concurrently with the conditional use permit for any use proposed to have signs;

A phasing schedule for project construction, if one is proposed, and identification of any areas proposed to be reserved and maintained as common open space. Applications for special uses (Chapter 16.52) shall include an explanation of how the applicable provisions of Chapter 16.52 will be met;

Notes on the plot plan indicating all adjacent land uses;

Two copies of a preliminary title report dated within the last six months;

An engineering geology report may be required in areas of landslide risks and in areas of liquefaction potential and subsidence potential as determined by the community development director or city engineer, or based on previous environmental documents. The engineering geology report shall include definite statements, conclusions and recommendations concerning the following, as applicable:

Location of major geologic features,

ii.

Topography and drainage in the subject areas,

iii.

Distribution and general nature of rock and soils,

iv.

A reasonable evaluation and prediction of the performance of any proposed cut or fill in relation to geological conditions,

An evaluation of existing and anticipated surface and subsurface water in relation to proposed development,

vi.

Recommendations concerning future detailed subsurface sampling and testing that may be required prior to building, and

vii.

Capability of soils and substrata to support structures.

The geologic evaluation shall state whether the proposed plan is feasible and provide general solutions for all known hazardous conditions or problems. The evaluation shall include the location and lots of any test borings and shall evaluate the effect of the geology on the proposed development and on adjacent properties. The evaluation report shall point out specific areas where development may create hazardous conditions;

A preliminary soils engineering report, prepared by a civil engineer registered in the state of California and based upon adequate test borings, shall be required for every development, unless the city engineer determines that, due to existing information available on the soils of the site, no analysis is necessary. If the soils engineering report indicates soil problems that, if not corrected, could lead to structural defects, a detailed soils investigation may be required.

The soils report shall include data regarding the nature, distribution and strength of existing soils, conclusions and recommendations for grading procedures and design criteria for corrective measures, when necessary, and opinions and recommendations covering adequacy of sites for development. The report shall include the locations and logs of any test borings and percolation test results and a hydrological evaluation if on-site sewage disposal is proposed;

The community development director may require additional information if necessary, to determine whether the purposes of these guidelines are being carried out, or may authorize omission of any or all the drawings required by this section, if they are not necessary in order to comply with said purposes.

Upon determination that an application is complete, the proposed project shall be forwarded to the staff advisory committee and architectural review committee (if necessary) for their review and comment.

In addition to city committees, the community development director shall forward the proposed project to such other public agencies, whose operations or areas of responsibility could be significantly affected by the proposed project, for their review and comment in compliance with the city's rules and procedures for implementation of CEQA.

If, after review and consideration pursuant to subsection (C)(2) and (3) of this section, the project is determined to be unacceptable, the community development director shall inform the applicant of identifiable issues and suggest alternatives to resolve such issues. The applicant shall then be directed to return with revisions and/or work with staff to resolve issues prior to a public hearing by the planning commission.

Following a review of the application and public hearing pursuant to Section 16.12.160 of this title, the planning commission shall adopt a resolution indicating their decision and containing any conditions of approval and the findings of fact upon which such decision is based.

Findings. The planning commission may approve a conditional use permit application in whole or in part, with or without conditions, only if all of the following findings of fact can be made in an affirmative manner:

The proposed use is permitted within the subject district pursuant to the provisions of this section and complies with all the applicable provisions of this title, the goals, and objectives of the Arroyo Grande general plan, and the development policies and standards of the city.

The proposed use would not impair the integrity and character of the district in which it is to be established or located.

The site is suitable for the type and intensity of use or development that is proposed.

There are adequate provisions for water, sanitation, and public utilities and services to ensure public health and safety.

The proposed use will not be detrimental to the public health, safety or welfare or materially injurious to properties and improvements in the vicinity.

Conditions of Approval. In granting a conditional use permit, the planning commission shall require that the use and development of the property conform with a site plan, architectural drawings, or statements submitted in support of the application or with such modifications thereof as may be deemed necessary to protect the public health, safety, or general welfare and to secure the objectives of the general plan.

Revisions/Modifications. Revisions or modifications of conditional use permits may be requested by the applicant. Further, the planning commission may periodically review, modify, or revoke a conditional use permit.

Revisions/Modifications Requested by Applicant. A revision or modification to an approved conditional use permit, such as, but not limited to, change in conditions of approval, expansions, intensification, location, or hours of operation, may be requested by an applicant. The applicant shall supply necessary information, as determined by the city, to indicate reasons for the requested change. The requested revision or modification shall be processed in the same manner as the original conditional use permit.

Review by Planning Commission. The planning commission may periodically review any conditional use permit to ensure that it is being operated in a manner consistent with conditions of approval or in a manner that is not detrimental to the public health, safety or welfare, or materially injurious to properties in the vicinity. If, after review, the commission deems there is sufficient evidence to warrant a full examination, a public hearing date shall be set. At such public hearing, the planning commission may modify or revoke the permit pursuant to the provisions of Section 16.16.220.

(Ord. 544 § 3, Exh. B (part), 2003; prior code § 9-03.050)

16.16.060 - Planned unit development permits.

Purpose and Intent. The planned unit development permit process is intended to facilitate development of properties designated for residential and commercial uses or planned development in the general plan and development code. This process is used where greater flexibility in design is desired to provide a more efficient use of land than would be possible through strict application of conventional zone or land use district regulations.

Authority. The planning commission is authorized to approve planned unit development permits, subject to the appeal provisions of Section 16.12.150 of this title. The community development director, staff advisory committee, and architectural review committee shall provide recommendations to the planning commission regarding planned unit development permits. A public hearing pursuant to Section 16.12.160 of this title shall be required.

Application for a planned unit development shall not constitute an application for subdivision. If a subdivision of land is proposed in conjunction with a planned unit development project, separate application, review, and findings shall be made in accordance with the provisions of the code.

Application for a planned unit development may be used when an amendment is requested for development standards applicable within a planned development or other previous discretionary entitlement for which there is no provision for the process of amendment.

Submittal and Review Requirements.

Pre-application Procedure. Prior to submitting an application for a planned unit development permit, the applicant shall apply for a pre-application review conference with the community development director, staff review committee and architectural review committee to discuss the general acceptability of the proposal, possible problems that may be encountered, and the need for any interagency coordination. Such preliminary consultations shall be relative to a conceptual development plan submitted by the applicant. At the applicant's option, the conceptual plan may be referred to the planning commission for preliminary comments. Such comments shall be considered advisory in nature and shall not constitute final approval.

Applications for a planned unit development shall contain the following:

Completed planning application form and required fee and attachments (see also Section 16.12.030);

The same submittal requirements as for a conditional use permit (see Section 16.16.050(C)(1)(b)). An architectural review application shall be filed and reviewed concurrently with the planned unit development application;

A statistical summary of amount (in square feet or acres) and percentage of project site of total open space, private open space, common open space, and usable open space. Description of all open space areas and proposed recreational amenities.

A planned unit development permit shall be processed and reviewed the same as a conditional use permit.

Required Findings. The planning commission may approve a request for a planned unit development only if all of the following findings of fact can be made in an affirmative manner:

That the proposed development is consistent with the goals, objectives and programs of the general plan and any applicable specific plan;

That the site for the proposed development is adequate in size and shape to accommodate the use and all yards, open spaces, setbacks, walls and fences, parking area, loading areas, landscaping, and other features required;

That the site for the proposed development has adequate access, meaning that the site design and development plan conditions consider the limitations of existing streets and highways;

That adequate public services exist, or will be provided in accordance with the conditions of development plan approval, to serve the proposed development; and that the approval of the proposed development will not result in a reduction of such public services to properties in the vicinity so as to be a detriment to public health, safety or welfare;

That the proposed development, as conditioned, will not have a substantial adverse effect on surrounding property, or the permitted use thereof, and will be compatible with the existing and planned land use character of the surrounding area;

That the improvements required, and the manner of development, adequately address all natural and manmade hazards associated with the proposed development and the project site, including, but not limited to, flood, seismic, fire and slope hazards;

The proposed development carries out the intent of the planned unit development provisions by providing a more efficient use of the land and an excellence of design greater than that which could be achieved through the application of conventional development standards;

The proposed development complies with all applicable performance standards listed in Section 16.32.050(E).

For a clustered residential development the following additional findings of fact shall be made by the planning commission:

The clustering of dwelling units is approved pursuant to a specific plan, planned unit development, or similar mechanism;

10.

The overall permitted density of the project area is not exceeded;

11.

The resulting project will not require a greater level of public services and facilities than would an equivalent nonclustered project;

12.

The result of clustering residential units is a more desirable and environmentally sensitive development plan which creates usable open space areas for the enjoyment of project residents and which preserves significant environmental features;

13.

The project development pattern, including the net density of developed area and proposed lot sizes which result from clustering are compatible with surrounding areas.

Conditions of Approval. In granting a planned unit development permit, the planning commission shall require that the use and development of the property conforms with a site plan, architectural drawings, or statements submitted in support of the application or with such modifications thereof as may be deemed necessary to protect the public health, safety, or general welfare and to secure the objectives of the general plan. The planning commission may also impose such other conditions as may be deemed necessary to achieve these purposes, including, but not limited to, the following matters:

Setbacks, yard areas, and open spaces;

Fences, walls and screening;

Parking, parking area, and vehicular ingress and egress, in addition to the minimum requirements of Chapter 16.56;

Landscaping and maintenance of landscaping and grounds;

Such other conditions as may be determined to assure that development will be in accordance with the intent and purposes of this chapter;

Reasonable guarantees of compliance with required conditions, such as a deed restriction or requiring the applicant to furnish security in the form of money or surety bond in the amount fixed by the administering agency.

Revisions/Modifications. Revisions or modifications of planned unit development permits may be requested by the applicant. Further, the planning commission may periodically review or modify a planned unit development permit.

Revisions/Modifications Requested by Applicant. A revision or modification to an approved planned unit development permit, such as, but not limited to, change in conditions of approval, expansions, intensification, setbacks, or landscape requirements, may be requested by an applicant. The applicant shall supply necessary information, as determined by the city, to indicate reasons for the requested change. The requested revision or modification shall be processed in the same manner as the original planned unit development permit.

Review by Planning Commission. The planning commission may periodically review any planned unit development permit to ensure that it functions in a manner consistent with conditions of approval. If, after review, the commission deems there is sufficient evidence to warrant a full examination, a public hearing date shall be set. At such public hearing, the planning commission may modify the permit to ensure the intent of required conditions and mitigation measures are met.

(Ord. 584 § 3, Exh. B (part), 2007; Ord. 573 Exh. A (part), 2005: prior code § 9-03.160)

16.16.070 - Variances.

Purpose and Intent. The purpose of this section is to provide flexibility from the strict application of development standards when special circumstances pertaining to the property, such as size, shape, topography or location, deprives such property of privileges enjoyed by other property in the vicinity and in the same district (consistent with the objectives of the development code). Any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and district in which such property is situated.

Authority. The planning commission is authorized to grant variances, subject to the appeal provisions of Section 16.12.150. The planning director and staff advisory committee shall provide recommendations to the planning commission regarding variance requests. A public hearing pursuant to the provisions of Section 16.12.160 shall be required.

Variances to a regulation prescribed by this title may be granted with respect to development standards, such as, but not limited to, walls, fences, screening and landscaping, signs, site area, width and depth, coverage, front, side, and rear yards, height of structures, usable open space, and on-street and off-street parking and loading facilities. In approving a variance, the planning commission may impose reasonable conditions.

Submittal and Review Requirements.

Applications for a variance shall contain the following:

Completed planning application form and required fee and attachments (see also Section 16.12.030);

Statement of the precise nature of the variance or exception requested and the hardship or practical difficulty that would result from the strict interpretation and enforcement of this title;

Such sketches, drawings, diagrams or photographs that may be necessary to clearly show applicant's proposal;

Additional information as required by the planning director.

Required Findings. The planning commission may approve a variance application only if all of the following findings of fact can be made in an affirmative manner:

That strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary hardship not otherwise shared by others within the surrounding area;

That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to other properties classified in the same zone;

That strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties classified in the same zone;

That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same zone;

That the granting of the variance will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity;

That the granting of a variance is consistent with the objectives and policies of the general plan and the intent of this title;

If a variance to the parking regulations prescribed in Chapter 16.56 is proposed, the following additional finding must be made:

The granting of the requested variance will not result in the parking of vehicles on public streets in such a manner as to interfere with the free flow of traffic.

Conditions of Approval. Conditions of approval for a variance may include, but shall not be limited to:

Requirements for open spaces, fences, walls and screening buffers;

Requirements for landscaping and erosion control measures, including maintenance thereof;

Requirements for dedications and street improvements;

Regulation of vehicular ingress and egress and traffic circulation;

Regulation of hours of operation; and

Other such conditions that the commission deems necessary to ensure compatibility with surrounding uses, to preserve the public health, safety or welfare, and to enable the planning commission to make all the findings required in this section.

(Ord. 573 Exh. A (part), 2005: prior code § 9-03.110)

16.16.080 - Minor use permits—Plot plan review.

When a minor use permit is required by this title to authorize a project proposal, its approval certifies that the land use or development will satisfy all applicable provisions of this title. Minor use permit—plot plan review approval is required when a development or use of land is listed in a particular zoning district as an allowable use subject to approval of a minor use permit (MUP) or the requirements listed in Section 16.16.050(B) are met. Minor use permit—plot plan review approval enables issuance of a building permit under Title 15 of this code or the establishment of a land use that does not require a building permit but is still subject to the standards of this title.

Authority. Except for concurrent applications as provided for in Section 16.12.070, the community development director is authorized to approve minor use permits, subject to the appeal provisions of Section 16.12.150. Minor use permits will be reported to the planning commission on a consent agenda for the purposes of providing public notice according to Section 16.12.155.

In addition to instances where the provisions of this title specifically require minor use permit review, applications that meet any of the following criteria shall also require minor use permit review—plot plan review:

Second residential units that deviate from the requirements listed in 16.52.150(C). However, certain deviations may require conditional use permit review as determined by the community development director;

Projects, including demolitions, in the historical character overlay district (D-2.4) consistent with 16.16.060(C)(2) of this section and 16.36.030(B)(b);

New construction or expansion of parking lots;

Construction of outdoor storage areas on the same site as an existing business;

Construction and/or placement of satellite dishes, antennas, roof or ground-mounted equipment visible from public view;

New accessory structures or additions that do not result in an increase of more than twenty-five (25) percent of the floor area of the existing building or five hundred (500) square feet, whichever is less;

Development of any other uses, facilities, or structures for which a minor use permit is specifically required by this title;

Residential construction projects of two to four dwelling units on one lot, unless otherwise specified in this title.

Alteration or demolition of a designated historic resource.

10.

Establishment of vacation rentals or homestays in applicable zoning districts identified in Table 16.32.040-A and Table 16.36.030(A).

Submittal and Review Requirements:

Minor use permit—plot plan review applications shall contain the following:

Completed planning application form and required fee and attachments (see also Section 16.12.030);

Five copies of accurately scaled drawings using a standard engineer's scale (approval necessary for use of scale smaller than 1:30, i.e., 1:40 or 1:50), neatly and accurately prepared, that will enable ready identification and recognition of submitted information (folded to nine inches by twelve (12) inches size) showing:

ii.

The location, name, width and pavement type of adjacent street(s) or alley(s), as well as the location of existing or proposed curbs, gutter or sidewalk improvements, if any,

iii.

iv.

The location and dimensions of existing or proposed driveways and parking areas (enclosed or open), including type of surfacing materials, parking spaces, aisles and identification of any driveway grades over ten (10) percent. The flow of traffic should be noted by arrows,

vi.

vii.

The locations of all existing trees and major shrubs, with specific specifications as to which plants are to be removed or retained;

Five blueprints of a grading plan and drainage plan (folded to nine inches by twelve (12) inches size) if found necessary by the community development director or public works director;

Five blueprints of preliminary floor plans (folded to nine inches by twelve (12) inches size), drawn using standard engineers or architect scale, for each story of each building or structure, showing the following:

Location of walls, doors and windows,

ii.

Identification of activity areas,

iii.

Placement of window and door locations on floor plans in coordination with the elevations;

Preliminary landscape plan prepared by a licensed landscape architect or as approved by the parks and recreation director, if found necessary the community development director. The number of copies of such plans to be submitted shall be established by the community development director. The community development department may require submission of amendments to an application before, during or after its review period to reflect more detailed information reasonably necessary for staff to make its determination. If a new structure or an addition to existing structure is proposed, where the addition or new structure will be located within the dripline of an oak or landmark tree, a site plan shall be submitted which depicts the location of all mature trees on the site, including the type of tree and diameter of the tree. At the discretion of the Parks, Recreation and Facilities Director, an arborist report may be required for any trees on the site which may be affected by the proposal in order to determine whether the proposal will damage the existing tree(s).

Minor use permit—plot plan review in the historic character overlay district.

The minor use permit shall include such textual description and plans, sketches, and drawings as are necessary to show:

Use. The existing or proposed use and design of the premises, building or structure, including areas to be paved, graded, excavated, landscaped or otherwise improved or disturbed; and

ii.

Value. The historic, cultural archaeological or architectural resource value or significance of a building, structure or site based upon research of historic archives, archaeological and/or ethnographic data, photographs and other documents; and

iii.

Relationship to the district. The relationship of the proposed use, activity, building or structure to the historic, cultural, or architectural resources present in the surrounding district.

A sign permit application may be required to be processed concurrently with the minor use permit review for any use proposed to have signs.

An architectural review application may be required to be processed concurrently with the minor use permit if modifications to the exterior of a building are proposed.

After receipt of a completed application, the community development director may approve a minor use permit—plot plan review application, when the proposed project or use satisfies all applicable provisions of this title. The community development director shall prepare a written decision that shall contain the findings of fact upon which such decision is based. Copies of the decision shall be provided to the applicant, public works, and building and fire departments, and reported to the planning commission in accordance with Section 16.12.155.

For plot plan reviews establishing the use of property for vacation rental purposes, the decision of the community development director shall also be mailed to all property owners of parcels within three hundred (300) feet of the property for which the plot plan review has been requested, in addition to the requirements of subsection (C)(5). The notice shall indicate the appeal provisions of Section 16.12.150.

Required Findings. Minor use permit—plot plan review may be approved only if all the following findings of fact can be made in an affirmative manner:

The proposed project is consistent with the goals, objectives, policies and programs of the Arroyo Grande general plan;

The proposed project conforms to applicable performance standards and will not be detrimental to the public health, safety or general welfare;

The physical location or placement of the use on the site is compatible with the surrounding neighborhood.

Additional Findings for the Historic Character Overlay District.

The construction, alteration, demolition, or relocation of any building or structure or earth movement enhances, to the maximum extent feasible, and does not interfere with, detract from or degrade the historic cultural, architectural or archaeological resource values of the district.

The use proposed for a building, structure, or parcel of land shall be compatible with the uses predominating in the designated area.

The development, demolitions, relocations, conversions are in keeping with the architectural style and scale characterizing the period of history in which the structure was built, including the landscaping features, and/or the features which caused the property to be so included in the district.

Proposed restoration efforts are in keeping with details, materials, textures, colors, and landscape features common to the period of history when the designated district was constructed.

Where applicable, the project meets the alternative building regulations pursuant to Part 8 of Title 24 of the 2007 California Historical Building Code and the Secretary of the Interior's Standards for Historic Preservation Projects.

Conditions of Approval. In approving a minor use permit—plot plan review, the community development director may impose reasonable conditions to ensure compliance with this title.

(Ord. 594 § 14, 2007; Ord. 573 Exh. A (part), 2005; Ord. 544 § 3, Exh. B (part), 2003; prior code § 9-03.060; Ord. No. 663, § 5, 6-10-2014)

16.16.090 - Minor use permits—Temporary uses.

Purpose and Intent. The minor use permit is intended to allow for the short-term placement (usually six months or less) of activities on privately or publicly owned property with appropriate regulations so that such activities will be compatible with the surrounding areas.

Authority. The community development director is authorized to approve minor use permits for temporary uses, subject to the appeal provisions of Section 16.12.150. A public hearing shall not be required for issuance of a temporary use permit. Temporary uses may be subject to additional permits, other city department approvals, licenses, and inspections as required by any applicable laws or regulations.

A permit shall not be required for events that occur in theaters, meeting halls, or other permanent public assembly facilities.

Permitted Temporary Uses. An application for a temporary use permit shall be required for the following activities and shall be subject to conditions established in this section and any other additional conditions as may be prescribed by the community development director.

Parking lot and sidewalk sales for businesses located within a commercially designated property. Such uses shall be subject to the sign regulations contained within Chapter 16.60;

Outdoor art and craft shows and exhibits provided such uses are limited to two days of operation or exhibition per one hundred eighty (180) day period;

Seasonal retail sale of agricultural products raised on the premises, provided such uses are limited to ninety (90) days of operation per calendar year and when parking and access is provided to the satisfaction of the planning director. A minimum of ten (10) off-street parking spaces shall be provided with provisions for controlled ingress and egress to the satisfaction of the planning director.

Christmas tree, pumpkin, or other seasonal product sales lots subject to the following guidelines and conditions:

All such uses shall be limited to sixty (60) days of operation per calendar year,

All lighting shall be directed away from and shielded from adjacent residential areas and streets, and

Adequate provisions for traffic circulation, off-street parking, and pedestrian safety shall be provided to the satisfaction of the planning director;

Circuses, carnivals, rodeos, pony riding, or similar traveling amusement enterprises subject to the following guidelines and conditions:

All such uses shall be limited to not more than fifteen (15) days, or more than three weekends, of operation in any one hundred eighty (180) day period. To exceed this time limitation shall require the review and approval of a conditional use permit as prescribed in Section 16.16.050,

All such activities shall have a minimum setback of one hundred (100) feet from any residential area. This may be waived by the planning director if in his or her opinion no adverse impacts would result,

Adequate provisions for traffic circulation, off-street parking, and pedestrian safety shall be provided to the satisfaction of the planning director,

Restrooms shall be provided,

Security personnel shall be provided,

Special, designated parking accommodations for amusement enterprise workers and support vehicles shall be provided,

Noise attenuation for generators and carnival rides shall be provided to the satisfaction of the planning director, and

Inspection and approval by building and fire department,

Model homes used as offices solely for the first sale of homes within a recorded tract;

Commercial coaches (as defined in Health and Safety Code Section 18218) or mobilehomes on active construction sites, for use as a construction office or temporary living quarters for security personnel or temporary residence of the subject property owner. The following restrictions shall apply:

The planning director may approve a temporary trailer coach for the duration of the construction project or for, a specified period, but in no event for more than two years. If exceptional circumstances exist, a one year extension may be granted, providing the building permit for the first permanent dwelling or structure on the same site has also been extended,

Installation of trailer coaches may occur only after a valid building permit has been issued by the city building department,

Trailer coaches permitted pursuant to this section shall not exceed a maximum gross square footage of six hundred fifty (650) square feet in size (tongue not included),

The trailer coach must have a valid California vehicle license and shall provide evidence of State Division of Housing approval as prescribed in the Health and Safety Code of the State of California,

The temporary trailer coach installation must meet all requirements and regulations of the county department of environmental health services and the city building department, and

Any permit issued pursuant to this section, in conjunction with a construction project, shall be come invalid upon cancellation or certificate of occupancy for which this use has been approved or the expiration of the time for which the approval has been granted;

Temporary permits for storage containers at residential construction sites subject to a maximum size of two hundred (200) square feet; all applicable property development standards in accordance with the district in which it is to be located; and a posted bond in accordance with Section 16.68.090.

Carts. The purpose of regulations pertaining to carts in this section is to provide standards for outdoor sales of food and beverages or merchandise to promote small businesses, provide outdoor facilities within the confines of private courtyards, patios, plazas, interior gardens, etc., and to complement the retail environment. Notwithstanding any other provisions of this code, the operation of freestanding, non-motorized vending carts for the purpose of selling food and beverages, or merchandise, the following restrictions shall apply:

Each cart shall be approved individually as to location, size, design and aesthetic characteristics including signs, by minor use permit—temporary uses and subsequently reviewed every two years.

Each approval shall include business license clearance in accordance with Section 16.16.200.

Each cart shall be fully portable.

No cart, portion of a cart or seating shall be located within the public right-of-way.

Each cart shall be allowed two portable tables and a maximum or four chairs for the customer use. The table and chairs shall be removed from their outdoor location at the close of business.

10.

Other similar temporary uses including off premise portable signs of six square feet or less, placed on private property for three days or less per quarter on an annual permit basis.

Submittal and Review Requirements.

Applications for temporary use permits shall contain the following:

Completed planning application form and required fee and attachments (see also Section 16.12.030);

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.

Five copies of a plot plan drawn to a standard engineer's scale (approval necessary for use of scale smaller than 1:30, i.e., 1:40 or 1:50) and with a north arrow showing:

Location, exterior boundaries, and dimensions of the entire property that is the subject of the application,

ii.

Location, name and size of existing streets, drainage structures, utilities, buildings, signs, and other features that may affect the use of the property,

iii.

Proposed development, including planned buildings and structures, access, drainage, yards, drives, parking areas, landscaping, signs, and walls or fences;

Letter of consent of property owner.

Upon acceptance of a temporary use permit application, the planning director shall review the request for compliance with the provisions of this title. The planning director shall render a written decision and clearly state any conditions of approval or reasons for denial and applicable appeal provisions of this title.

Required Findings. The planning director shall approve a temporary use permit application when all the following findings are made in an affirmative manner:

The operation of the requested use at the location proposed and within the time period specified will not jeopardize, endanger, or otherwise constitute a menace to the public health, safety or general welfare.

The proposed site is adequate in size and shape to accommodate the temporary use without material detriment to the use and enjoyment of other properties located adjacent to and in the vicinity of the site.

The proposed site is adequately served by streets or highways having sufficient width and improvements to accommodate the kind and quantity of traffic that the temporary use will or could reasonably be expected to generate.

Adequate temporary parking to accommodate vehicular traffic to be generated by the use will be available either on-site or at alternate locations acceptable to the planning director.

Conditions of Approval. In approving an application for a temporary use permit, the planning director may impose conditions that are deemed necessary to ensure that the permit will be conducted in accordance with the findings required by subsection E of this section. These conditions may involve any factors affecting the operation of the temporary use or event and may include, but are not limited to:

Provision of temporary parking facilities, including vehicular ingress and egress;

Regulation of nuisance factors, such as, but not limited to, prevention of glare or direct illumination of adjacent properties, noise, vibration, smoke, dust, dirt, odors, gases and heat;

Regulation of temporary buildings, structures and facilities, including placement, height and size, location of equipment, and open spaces, including buffer areas and other yards;

Provision of sanitary and medical facilities;

Provision of solid waste collection and disposal;

Provision of security and safety measures;

Regulation of signs;

Regulation of operating hours and days, including limitation of the duration of the temporary use to a shorter time period than that requested;

Submission of a performance bond or other surety device to assure that any temporary facilities or structures used for the proposed temporary use will be removed from the site within a reasonable time following the event and that the property will be restored to its former condition;

10.

Submission of a site plan indicating any information required by this section;

11.

A requirement that the approval of the requested temporary use permit is contingent upon compliance with applicable provisions of other ordinances;

12.

Other conditions that will ensure the operation of the proposed temporary use in an orderly and efficient manner and in accordance with the intent and purpose of this section.

(Ord. 573 Exh. A (part), 2005: Ord. 544 § 3, Exh. B (part), 2003; prior code § 9-03.100)

(Ord. No. 645, § 2, 8-28-2012

16.16.100 - Minor use permits—Minor exceptions.

Purpose and Intent. In order to provide flexibility necessary to achieve the objectives of the development code, selected site development regulations and applicable off-street parking requirements are subject to administrative review and adjustment, in those circumstances where such adjustment will be compatible with adjoining uses and consistent with the goals and objectives of the general plan and intent of this code.

Authority. The community development director may grant minor use permits for minor exceptions to ordinance requirements in accordance with the procedures in this section where there is a justifiable cause or reason, subject to the appeal provisions of Section 16.12.150 of this title. Any minor exception granted shall be subject to such conditions as will assure that the adjustment does not constitute a grant of special privilege inconsistent with the provisions and intentions of this title. A public hearing shall not be required for granting of a minor exception.

The community development director is limited to granting minor exceptions for the following:

Fence Height. In any district, a maximum height of any fence, wall, or equivalent screening may be increased by a maximum of two feet where the topography of sloping sites or a difference in grade between adjoining sites warrants an increase in height to maintain a level of privacy, or to maintain the effectiveness of screening, as would generally be provided by such fence, wall, or screening in similar circumstances.

Setbacks. In any residential district, the community development director may decrease minimum setbacks by not more than ten (10) percent where such decreases are necessary for significantly improved site planning or architectural design, creation or maintenance of views, or would otherwise facilitate highly desirable features or amenities, and where such increase will not unreasonably affect contiguous sites.

Lot Coverage. In any district the community development director may increase the maximum allowable lot coverage by not more than ten (10) percent of the lot area where such increases are necessary for significantly improved site planning or architectural design, creation or maintenance of views, or would otherwise facilitate highly desirable features or amenities, and where such increase will not unreasonably affect contiguous sites.

Height. In any district the community development director may authorize a ten (10) percent increase in the maximum allowable building height. Such increases may be approved only where necessary to significantly improve the site plan or architectural design and where scenic views or solar access on surrounding properties are not affected.

Parking. In any district the community development director may waive strict adherence to the parking standards contained in Chapter 16.56 when a change or expansion in use is proposed in an existing building or an addition or enlargement of an existing single-family residence is proposed and it is not feasible to provide sufficient on-site parking on the parcel. A minor exception may also be granted for parking space size of up to two feet.

Deviations from standards described in Design Guidelines and Standards for Historic Districts pertaining to Design Overlay District 2.4.

Minor Items. A minor exception may be considered for other minor development regulations. If the minor development regulation is not listed above, the planning commission may make an interpretation. The planning commission must make the findings that such a request is compatible with adjoining uses, is consistent with the goals and objectives of the general plan and intent of the development code, and that the item is minor in scale.

Submittal and Review Requirements.

An application for a minor use permit for a minor exception shall contain:

Completed planning application form and required fee and attachments (see also Section 16.12.030);

Statement of the precise nature of the exception requested and the hardship or practical difficulty that would result from the strict interpretation and enforcement of this title;

Such sketches, drawings diagrams, or photographs that may be necessary to clearly show applicant's proposal;

Additional information as required by the community development director.

Upon acceptance of a minor use permit for a minor exception application, the community development director shall review the request for compliance with the provisions of this title. The community development director shall render a written decision and shall clearly state any conditions of approval or reasons for denial and applicable appeal provisions of this title.

Notice of the decision shall be mailed to the applicant and to property owners of parcels within three hundred (300) feet of the property for which a minor exception has been requested and reported in accordance with Section 16.12.155. The notice shall indicate the appeal provisions of Section 16.12.150. Copies of the decision shall also be provided to the planning commission, public works and building and fire departments.

Findings. The community development director shall make all the following findings prior to approving an application for a minor exception:

That the strict or literal interpretation and endorsement of the specified regulation would result in practical difficulty or unnecessary physical hardship;

That there are exceptional circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to other properties in the same district;

That strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by other property owners in the same district;

That the granting of the minor use permit for a minor exception will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same district and will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity;

That the granting of a minor use permit for a minor exception is consistent with the objectives and policies of the general plan and the intent of this title.

(Ord. 573 Exh. A (part), 2005: Ord. 544 § 3, Exh. B (part), 2003: prior code § 9-03.120)

16.16.110 - Minor use permits—Viewshed review.

Purpose and Intent. It is the intent of the city, by requiring minor use permits for the viewshed review process, to preserve the existing scope and character of established single-family neighborhoods and to protect views and aesthetics and other property values in such neighborhoods in a manner that is compatible with reasonable expansion on existing developed lots and/or a new development on existing undeveloped lots.

Authority. The community development director is authorized to approve minor use permits for viewshed review, subject to the provisions of subsection (D) of this section and the appeal provisions of Section 16.12.150.

Applicability. This section applies to all areas zoned RR, RS, SF, including those with a design development (-D) overlay. These provisions would not apply to development in MFA districts, since architectural approval is required before the issuance of a building permit.

Areas Zoned RR, RS, SF and MF. No second-story addition shall be erected or enlarged on any single-family home within the PD, PS, SF and MF districts until a minor use permit for viewshed review is obtained, in accordance with the procedure set forth in this section.

Areas Zoned RR, RS, SF and MF with a -D Overlay Regulating Height. No new construction, addition or improvement thereof shall be erected or enlarged on any lot that lies within the RR, RS, SF or MF districts that have a -D overlay regulating height until a minor use permit for viewshed review is obtained, in accordance with the procedure set forth in this section.

Areas Zoned PD. The viewshed review process would not apply to properties situated in approved planned developments with required architectural review of all new or remodeled residences by the city or by the development's board.

Submittal and Review Requirements.

An application for a minor use permit for viewshed review shall be filed with the community development director and shall be accompanied by the following:

Completed planning application form and required fee and attachments (see also Section 16.12.030);

The following drawings, graphics or illustrations signed by the architect, draftsperson, designer, engineer or person designing the plans in accordance with all applicable state and city laws:

Five blueprints of the plot plan drawn to an engineer's scale (1:30 minimum allowed without approval) and folded to nine inches by twelve (12) inches size showing:

(A)

The address (location) of the project, scale of the illustration, date of proration and/or revision, and name of the applicant,

(B)

Dimensioned property lines and all building setbacks,

(C)

Location, name and width (including required widening) of adjacent streets,

(D)

Existing and proposed public and private easements,

(E)

All proposed improvements and existing improvements that will be retained,

(F)

Access and circulation of pedestrians and vehicles,

(G)

Location of walls, fences, and exterior lighting structures,

(H)

Planted areas and outdoor-use areas,

(I)

Location, type, trunk and canopy diameter, and status (e.g., to be removed, saved or relocated) of all trees over three inches in diameter;

Building height and elevation data for the proposed structure or addition and for existing structures on adjacent and surrounding properties;

Photographs of project site and surrounding views;

At the discretion of the community development director, cross-sections drawn to a true scale for both vertical and horizontal dimensions, which include adjacent property and structures, if necessary to evaluate viewshed impacts. The location of the cross-sections shall be keyed to the site plan by labeled section lines.

After determining the application is complete, the community development director shall review the project for environmental impacts, as set forth in the city's Rules and Procedures for implementation of CEQA.

Prior to approving or denying an application, the community development director may solicit the recommendations and comments of other public agencies, city departments, and interested groups, including the architectural review committee.

Upon acceptance of a minor use permit for viewshed review application, the community development director shall review the request for compliance with the provisions of this title. The community development director may approve the viewshed review request only if all of the findings of fact set forth in subsection (E) of this section can be made in an affirmative manner. Notice of the decision shall be mailed to the applicant and to property owners of parcels within three hundred (300) feet of the property for which a viewshed review has been requested and reported in accordance with Section 16.12.155. The notice shall indicate the appeal provisions of Section 16.12.150. Copies of the decision shall also be provided to the public works and building and fire departments.

If, after considering the available information, the community development director is unable to reach the findings of fact set forth above, the application shall be referred to the architectural review committee for a recommendation. If findings still cannot be made in an affirmative manner, the project shall be scheduled for a public hearing before the planning commission at their next available meeting. Notice of the public hearing shall be given in accordance with Section 16.12.160 of this title; however, only property owners within three hundred (300) feet of the project need be notified. The applicant shall submit an additional fee established by resolution to cover the cost of publishing and mailing the notice and additional copies of exhibits. In approving an application for a viewshed review permit, the planning commission shall make the findings of fact outlined above.

The decision of the community development director or planning commission shall be provided to the public works department, and building and fire department.

Required Findings. The community development director or planning commission may approve an application for a minor use permit for viewshed review only if all of the following findings of fact can be made in an affirmative manner:

The proposed structure is consistent with the intent of this section;

The proposed structure is consistent with the established scale and character of the neighborhood and will not unreasonably or unnecessarily affect views of surrounding properties;

The proposed structure will not unreasonably or unnecessarily interfere with the scenic view from any other property, judged in light of permitting reasonable use and development of the property on which the proposed structure or expansion is to occur.

Conditions of Approval. In granting a minor use permit for a viewshed review, the community development director (or planning commission) may impose such conditions as may be deemed necessary and desirable to protect the health, safety, and general welfare, in respect to the facts listed in subsection (E) of this section.

(Ord. 573 Exh. A (part), 2005: Ord. 544 § 3, Exh. B (part), 2003: prior code § 9-03.130)

16.16.120 - Minor use permits—Large family/adult day care.

Purpose and Intent. The minor use permit for large family/adult day cares is intended to facilitate development of large family day care homes and adult day care in compliance with Sections 1597.40 and 1597.46 of the Health and Safety Code of the state of California. It is further intended to protect the surrounding neighborhood from impacts relating to noise, traffic, parking, and spacing and concentration.

Authority. The community development director is authorized to approve a minor use permit for large family or adult day care, subject to the appeal provisions of Section 16.12.150 of this title. A public hearing shall not be required. A minor use permit for large family or adult day care is not a project subject to CEQA review (Health and Safety Code Section 1547.46).

Submittal and Review Requirements.

An application for a minor use permit—large family/adult day care shall be filed with the community development director and shall be accompanied by the following:

Completed planning application form and required fee and attachments (see also Section 16.12.030);

Five copies of a plot plan drawn to a standard engineer's scale (approval necessary for use of scale smaller than 1:30, i.e., 1:40 or 1:50) and with a north arrow showing:

Location, exterior boundaries, and dimensions of the entire property that is the subject of the application, and location and dimensions of all buildings and structures on the property,

ii.

Location and dimensions of passenger loading/unloading areas,

iii.

Location and dimensions of existing or proposed on-site parking facilities,

iv.

Location, height, materials and colors of all existing and proposed walls,

Location and description of any outdoor play areas;

Upon acceptance of a minor use permit application—large family/adult day care, the community development director shall review the request for compliance with the provisions of this title, in particular, Section 16.52.120.

The community development director shall make a written decision and shall clearly state any conditions of approval or reasons for denial and applicable appeal provisions of the title. Notice of the decision shall be mailed to the applicant and to property owners of parcels within three hundred (300) feet of the property for which a minor use permit—large family daycare/adult daycare has been requested and reported in accordance with Section 16.12.155. The notice shall also indicate the appeal provisions of Section 16.12.150. Copies of the decision shall also be provided to the public works and building and fire departments.

Required Findings. The community development director shall make all of the following findings prior to approving a minor use permit application for a large family or adult day care:

The proposed large family or adult day care home complies with the standards, restrictions, and requirements contained in Section 16.52.120 of this title;

The proposed large family or adult day care home complies with all applicable provisions of state law.

(Ord. 573 Exh. A (part), 2005: Ord. 544 § 3, Exh. B (part), 2003: prior code § 9-03.170)

16.16.130 - Minor use permits—Architectural review.

Purpose and Intent. The minor use permit process for architectural review is intended to implement general plan design policies and other adopted policy and design guidelines and documents that stipulate standards, regulation, and guidelines governing design. The city is a city with unique characteristics, ideal climate conditions, spectacular natural vistas, and dynamic natural features. Further, the appearance of buildings, structures, signs, and the land has a material and substantial relationship to property values and the taxable value of property in the city. In order to protect the economic welfare of the community, it is the policy of the city council to maintain and enhance the social and economic values created by past and present investments in the community, by requiring all future development to respect these traditions, and by requiring that all buildings and structures placed on the land respect the natural land forms and become compatible part of the total community environment, both in the local neighborhood and the city as a whole. The purposes of architectural review are to ensure the following:

That the location and configuration of structures developed within the city are visually harmonious with their sites and with natural landforms and surrounding site, structures and streetscapes;

That the proposed design produces harmonious transitions in both the scale and character of development between adjacent land uses;

That site access and circulation thereon is safe and convenient for pedestrians, bicyclists and vehicles;

That sensitive areas, structures and sites as defined in this section, are designed with respect to notable features of the project site;

That building, site and architectural design is accomplished in an energy efficient manner shall be respected in all site, building and architectural design;

That the materials, textures, colors and details of proposed construction are an appropriate expression of the design concept and function, and are, to the extent feasible, compatible with the adjacent and neighboring structures and functions;

That development proposals do not unnecessarily block scenic views from other buildings or from public ways, or visually dominate their surroundings with respect to mass and scale, to an extent inappropriate to their use;

That the amount and arrangement of open space and landscaping conforms to the requirements of this title, provides visually pleasing settings, and is appropriate to the design and function of the structure, site, and surrounding area;

That the design and location of signs and their materials and colors are consistent with the scale and character of the buildings to which they are attached or are located on the same site, and to ensure visual harmony between signs and surrounding developments;

10.

That excessive and unsightly grading of hillsides does not occur, and to ensure the preservation of the character of natural landforms and existing vegetation where feasible;

11.

That excellence in architectural design is maintained in order to enhance the visual environment of the city and to protect the economic value of existing structures;

12.

That historically significant structures and sites are developed in a manner consistent with their historic values;

13.

That the public health, safety, convenience, comfort, prosperity, and general welfare are protected;

14.

That development plans comply with applicable policies, standards, ordinances, and design guidelines.

Authority. The architectural review committee is authorized to make recommendations to the community development director, planning commission or city council. Minor use permits applications for architectural review shall be approved by the decision-making body acting on the permit or approval requiring architectural review pursuant to this title. The community development director may approve minor architectural review for projects that are subject to his or her approval authority without requesting the architectural review committee to provide a recommendation.

Applicability. Architectural review shall be conducted for new construction in commercial and industrial zones, new construction in the historic character overlay district and of multiple family residences, and whenever required by this title.

Submittal and Review Requirements.

An application for a minor use permit—architectural review shall be filed with the community development director and shall be accompanied by the following in addition to the requirements listed in Section 16.16.080(C):

Building elevations showing:

All sides of all buildings;

ii.

Dimensioned maximum height of building from average finish grade at building;

iii.

Location and size of signs;

iv.

Materials and colors of all exterior surfaces and features; and

Exterior mechanical equipment and proposals for screening, including electrical and gas connections, electrical transformers, solar panels, meter boxes, and irrigation backflow devices:

The community development director, architectural review committee, planning commission or city council may request the following additional items:

A detailed planting plan showing specific plan species, sizes, and locations instead of the more generalized landscaping plan described in Section 16.16.080.

ii.

A sign application;

iii.

Materials and sample board containing colors and textures of exterior materials securely mounted on a poster board;

iv.

Project model;

Perspective rendering;

vi.

Other material if requested by the approving body.

Upon acceptance of a minor use permit—architectural review application, the community development director shall review the request for compliance with the provisions of this title. The community development director may approve the application only if all of the findings of fact set forth in subsection E of this section can be made in an affirmative manner. A notice of the decision shall be reported to the planning commission in accordance with Section 16.12.155.

Findings. The planning commission, city council, or community development director, where authorized, may approve a minor use permit for architectural review only if all of the following findings of fact can be made in an affirmative manner:

The proposal is consistent with the architectural guidelines of the city, or guidelines prepared for the area in which the project is located;

The proposal is consistent with the text and maps of the Arroyo Grande general plan and this title;

The proposal will not be detrimental to the health, safety, comfort and general welfare of the persons residing or working in the neighborhood of the proposed project;

The general appearance of the proposal is in keeping with the character of the neighborhood;

The proposal is not detrimental to the orderly and harmonious development of the city;

The proposal will not impair the desirability of investment or occupation in the neighborhood.

(Ord. 573 Exh. A (part), 2005: Ord. 544 § 3, Exh. B (part), 2003: prior code § 9-03.190)

16.16.135 - Minor use permit—Historic resource or district designation.

Purpose and Intent. The purpose of this section is to promote the general welfare by providing for the identification, protection, enhancement, perpetuation and use of improvements, buildings, structures, signs, features, sites, places and areas within the city that reflect special elements of the city's historical, architectural, archaeological, cultural or aesthetic heritage for the following reasons:

To encourage public knowledge, understanding, appreciation, and use of the city's past;

To foster civic pride in the beauty and character of the city and in the accomplishments of its past;

To enhance the visual character of the city by encouraging new design and construction that complements the city's historical buildings;

To increase the economic benefits of historic preservation to the city and its inhabitants;

To protect property values within the city;

To identify as early as possible and resolve conflicts between the preservation of historic resources/districts and alternative land uses; 7. To conserve valuable material and energy resources by ongoing use and maintenance of the existing built environment.

Historic Resource/District Designation Criteria. Minor use permit applications designating historic resource or historic district status shall be evaluated based on whether the resource/district meets any of the following criteria:

It is the site of a significant local, county, state or national historic event.

It is strongly identified with a person who, or an organization, which significantly contributed to the culture, history or development of the community of Arroyo Grande, the county of San Luis Obispo, the state of California or the United States.

It is a particularly good example of a period of history or architectural style and a structure of significant character, interest or value as part of the development, heritage or cultural characteristics of the city, county, state or nation.

It is one of the best or few remaining examples in the area possessing distinguishable characteristics of an architectural type or specimen.

It is a notable work of an architect or master builder whose individual works have significantly influenced the development of the city, county, state or nation.

It embodies elements of architectural design, detail, materials or craftsmanship that represent a significant architectural innovation.

It has a unique location or singular physical characteristic representing an established and familiar visual feature of a district, community, county, state or nation.

The structure or location is located in a geographically definable area possessing a concentration of historic resources that visually contribute to each other and are unified aesthetically.

Applicability.

A historical resource review shall be conducted according to subsection D of this section.

Property that has been designated a historic resource or a historic district shall continue to be subject to all zoning ordinances that would apply to such property if it were not so designated or located. By designating historic resources and historic districts, the city council shall not be construed to be repealing or waiving any other portion of the zoning ordinance of the city as it applies to the designated property.

Designation Process. Historic resources and historic districts shall be designated by the community development director, planning commission or city council in the following manner:

Initiation of Designation. Designation of a historic resource or a historic district may be initiated by: (a) the owner of record of the property or resource, (b) the community development director, (c) the planning commission, (d) the city council, (e) by any resident of the city of Arroyo Grande, or (f) any organization with a recognized interest in historical preservation. Applications for designation must be accompanied by such historical and architectural information as is required by the community development director to make an informed recommendation concerning the application, together with the fee set by the city council.

Notice. The community development director shall publish and transmit a notice informing property owners of historic resources proposed to be designated and all interested parties of the time and location of all meetings in which the designations will be discussed and considered.

Community Development Director Decision. Except for concurrent applications as provided for in Section 16.12.070, the community development director is authorized to approve minor use permits for historic resource and historic district designations, subject to the appeal provisions of Section 16.12.150. The community development director shall prepare a written decision that shall contain the findings of fact upon which such decision is based. Copies of the decision shall be provided to the applicant and owners of the designated property or properties within the proposed historic district.

Public Hearing. A public hearing by the planning commission, pursuant to Section 16.12.160 of this title, shall be scheduled in the event that the property owner does not consent to the application for a proposed designation.

Findings. The community development director or the planning commission if the property owner does not consent, may designate the listing of a property as a historic resource only if all of the following findings of fact can be made in an affirmative manner:

The proposed project is consistent with the goals, objectives, policies and programs of the Arroyo Grande general plan;

Based upon consideration of information submitted in the record during the historic resource designation process the property meets any of the criteria listed in subsection B of this section;

The resource retains the integrity of the design, has not been inappropriately: (i) altered; (ii) relocated; (iii) added to; or (iv) remodeled.

Suspension of Work. While the community development director, planning commission or city council, on appeal, is considering a historic designation, all development and building work on the site proposed for historic designation shall be suspended.

Development and Building Permits.

No exterior alterations shall be made by any person to a historic resource, without a minor use permit and building permit, nor shall the building official or planning commission grant any permit to carry out such work on a historic resource, located in a historic district without the prior issuance of a minor use permit—plot plan review pursuant to Section 16.16.080 of this chapter. Decisions by the city pursuant to this section are "discretionary" and relate to "discretionary projects" as these terms are used in the California Environmental Quality Act (CEQA). Any permit, including a building permit, or other city approval that would authorize any change in the exterior of any proposed or designated historical resource, or the exterior of any structure, building or significant feature within a designated or proposed historic district, is a discretionary permit or approval within the meaning of CEQA.

Ordinary Maintenance and Repair. Nothing in this chapter shall be construed to prevent the ordinary maintenance and repair of any exterior feature of any structure or property covered by this section, so long as such maintenance and repair does not involve a change in exterior design, material or appearance.

Unsafe or Dangerous Conditions. None of the provisions of this section shall prevent any measures of construction, alteration or demolition necessary to correct the unsafe or dangerous conditions of any structure, other feature or part thereof, where such condition has been declared unsafe or dangerous by the building official or the fire chief, and where the proposed measures have been declared necessary by such official, to correct the condition; provided, however, that only such work as is absolutely necessary to correct the unsafe or dangerous condition and as is done with due regard for preservation of the appearance of the structure involved may be performed pursuant to this section. In the event any structure or other feature shall be damaged by fire, or other calamity, or by act of God, to such an extent that in the opinion of the aforesaid officials it cannot be reasonably repaired and restored, it may be removed in conformity with normal permit procedures and applicable laws. If the condition of an unsafe or dangerous historic resource, so permits, the official in charge of overseeing correction of such a condition shall consult with the ARC and community development director before carrying out corrective measures.

Duty to Keep in Good Repair. The owner, lessees and any other person in actual charge or possession of a historical resource shall take all steps necessary to prevent:

The substantial deterioration or decay of any exterior portion of such a resource;

The substantial deterioration or decay of any interior portions thereof the maintenance of which is necessary to preserve any exterior portion.

As used in this section, the term "substantial deterioration or decay" shall refer to those conditions of the structure or improvement which threaten the structural or historical integrity of the resource or improvement.

Showing of Extreme Hardship. If the applicant presents evidence clearly demonstrating to the satisfaction of the community development director that failure to approve the application for a minor use permit or building permit will cause an immediate extreme hardship because of conditions peculiar to the particular structure or other feature involved, the planning commission may approve or conditionally approve such application even though it does not meet the standards set forth in subsection (E)(1) of this section. In determining whether extreme hardship exists, the community development director shall consider evidence which demonstrates:

Denial of the application will diminish the value of the subject property so as to leave substantially no value;

Sale or rental of the property is impractical, when compared to the cost of holding such property for uses permitted in the zoning district;

Utilization of the property for lawful purposes is prohibited or impractical;

Rental at a reasonable rate of return is not feasible.

Additional Findings for the Alteration or Demolition of a Designated Historic Resource. In evaluating applications for the alteration of a designated historical resource, with a recommendation by the ARC, or the community development director, planning commission or city council, upon appeal, shall consider the architectural style, design, arrangement, texture, materials, color and other factors and shall utilize the Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing Historic Buildings. Proposed alterations found consistent with the Secretary of Interior's Guidelines shall be considered less than significant under the CEQA review process. The community development director, planning commission or city council, upon appeal, shall approve the issuance of a minor use permit for any proposed alteration work if and only if it finds:

With regard to a historical resource the proposed work will neither adversely affect the exterior architectural features of the resource nor adversely affect the character or historical, architectural or aesthetic interest or value of such resource and its site based upon consistency with the Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing Historic Buildings.

With regard to any property located within a historic district, the proposed work conforms to the standards for the district, and does not adversely affect the character of the district.

The work is consistent with the provisions in subsection E of this section.

Demolitions. When application is made for a minor use permit or demolition permit to demolish a historical resource the ARC, community development director or planning commission disapproval of the application shall mean that no development minor use permit or demolition permit shall be issued or demolition allowed until review and approval by the city is complete.

Historic Resource Protection Tax Incentives. In addition to any other incentive of federal or state law, property owners of duly designated historic resources may apply for Mills Act Historical Property Contracts ("Mills Act Contracts") with the city. A Mills Act historic resource protection tax incentive program may be established by city council resolution. This subsection will implement state law (Government Code Sections 50280 et seq.), allowing the approval of Mills Act Contracts by the city with owners of qualified historic properties within the city.

(Ord. 598 § 2, Exh. A (part), 2008: Ord. 571 Exh. A (part), 2005)

(Ord. No. 654, §§ 2, 3, 7-9-2013; Ord. No. 697, § 9, 10-23-2018)

16.16.140 - Surface mining permit.

Purpose and Intent. It is the purpose and intent of this section to create and maintain an effective surface mining and reclamation policy as authorized by the California Surface Mining and Reclamation Act of 1975 (Public Resources Code, Section 2710 et seq.). While the preservation and extraction of economic viable mineral resources has been determined to be in the interests of the people of California by State Legislature, it is also recognized that surface mining activities may result in significant adverse environmental impacts. It is, therefore, the intent of this section to regulate surface mining operations so as to assure that:

The adverse effects of surface mining operations will be prevented or minimized, and that mined lands will be reclaimed to a usable condition that is readily adaptable for alternative land use;

The reclamation of mined land will be carried out in such a way that the continued mining of valuable minerals will not be precluded; and

The production and conservation of minerals will be encouraged, while giving consideration to values related to recreation, watershed, wildlife, range and forage, and aesthetic enjoyment; and that potential residual hazards to the public health and safety will be eliminated.

Authority. The planning commission is authorized to approve surface mining permits and reclamation plans, subject to the appeal provisions of Section 16.12.150. A public hearing pursuant to the provisions of Section 16.12.160 of this title shall be required.

Applicability.

The provisions of this section shall not apply to:

Excavations or grading conducted for farming or on-site construction, or for the purpose of restoring land following a flood or natural disaster;

Prospecting for, or the extraction of, minerals for commercial purposes and the removal of overburden in total amounts of less than one thousand (1,000) cubic yards in any one location. This exemption shall not apply to any single excavation that is greater than one acre in size;

Surface mining operations that are required by federal law, in order to protect a mining claim, if such operations are conducted solely for that purpose;

Such other surface mining operations that the State Mining and Geology Board finds are exempt from the provisions of the California Surface Mining and Reclamation Act of 1975 because they are of an infrequent nature and involve only minor surface disturbances.

Unless exempted by the provisions of this section, no person, firm, corporation or private association shall conduct surface mining operations in the incorporated area of the city without first obtaining a surface mining permit.

Submittal and Review Requirements.

Applications for surface mining permits shall contain the following:

Completed planning application form and required fee and attachments (see also Section 16.12.030);

A mining plan containing information regarding:

Progression of all operations of the facility, including time frames for each phase and the estimated life of the operation,

ii.

Location of equipment, stockpiles, settling ponds, interim drainage, machinery and waste dumps, and areas to be mined,

iii.

Progression of stripping and excavating through the use of cross sections, elevations and topographic maps,

iv.

Time lags between mining and reclamation and equipment siting and removal and/or relocation,

Proposed methods of handling simultaneous excavation and reclamation, if applicable,

vi.

Locations of all streams, roads, sewage disposal systems, water wells and utility facilities within five hundred (500) feet of the site, and the location of all proposed access roads to be constructed in conducting the surface mining operation, and

vii.

Type of and amount of mineral commodities to be removed, the amount of waste materials to be retained on the site, and the amount of waste materials to be disposed of off-site, including the method and location of disposal of the waste materials;

A reclamation plan that shall:

Indicate the methods to be used to reclaim the land following mining operations, including a detailed schedule of the phasing and timing of each stage of reclamation,

ii.

Describe the physical condition of the site upon the completion of all reclamation, including the proposed uses or potential uses of the reclaimed site,

iii.

Contain a map that will delineate, through the use of cross sections and elevations, the physical characteristics of the land upon the conclusion of reclamation. A topographic map shall also be provided clearly indicating the location of the reclaimed land,

iv.

Describe the manner in which abandoned or inoperable machinery, waste materials and scraps will be removed from the reclaimed site, and how contaminants will be controlled,

Describe the methods to be used to ensure that the site will contain stable waste piles and slopes,

vi.

Describe how reclamation of this site may affect the future use of this area for mining purposes,

vii.

Show that the proposed site in its final form will be, to the extent reasonable and practical, revegetated for soil stabilization, free of drainage and erosion problems, coordinated with present and anticipated future land use, and compatible with the topography and general environment of surrounding property.

Upon receipt of a completed application, the planning director shall notify the State Geologist of the filing of request for a surface mining permit. In addition, the planning director shall include the State Geologist in the public hearing notification list.

Review of a surface mining permit application shall be conducted pursuant to Section 16.16.050, conditional use permits.

Required Findings. The planning commission may approve a surface mining permit application in whole or in part, with or without conditions, only if all the following findings of fact can be made in an affirmative manner:

The proposed use would not impair the integrity and character of the district in which it is to be established or located.

The proposed site is suitable for the type and intensity of the proposed mining operation.

There are adequate provisions for water, sanitation, and public utilities and services to ensure public health and safety.

The proposed use will not be detrimental to the public health, safety or welfare, or materially injurious to properties and improvements in the vicinity.

The proposed use is consistent with the California Surface Mining and Reclamation Act of 1975 (Public Resources Code, Section 2710 et. seq.).

The mined lands will be reclaimed to a usable condition that is readily adaptable for an alternative land use appropriate to the district within which the site is located.

Periodic Review. As a condition of approval for a mining and reclamation plan, an annual review shall be conducted by the chief building official and city engineer to evaluate and ensure compliance with the plan.

(Ord. 573 Exh. A (part), 2005: prior code § 9-03.070)

16.16.150 - Development agreements.

Purpose and Intent. The California Government Code permits local agencies and property owners to enter in contractual agreements as to the intensity, timing and conditions of development of real properties. Such development agreements provide an enhanced degree of certainty in the development process for both the property owner/developer and the public agency. The public interest will be adequately protected by noticed public hearings before the planning commission and city council and by a specific state law provision subjecting any development agreement to the people's right of referendum.

The purpose of this section is to specify the rules and procedures under which development agreement requests are to be reviewed and acted upon. Nothing herein shall be construed or applied at any time to require the city to enter into any such agreement; more specifically, but without limitation, no amount of preliminary negotiations, preliminary work, or any expenditure of funds shall be a basis for a claim of estoppel or bad faith that would require city approval or implementation of any unexecuted agreement.

Authority. The city council is authorized to approve development agreements. The planning director, staff advisory committee, and planning commission shall provide recommendations to the city council regarding development agreements. A public hearing pursuant to the provisions of Section 16.12.160 of this title shall be required.

Submittal and Review Requirements.

An application for a development agreement shall contain the following:

Completed planning application form and required fee and attachments (see also Section 16.12.030;

Ten (10) copies of the proposed agreement containing:

At a minimum, the contents required by Government Code Section 65065.2 and the following:

(A)

Duration of the agreement,

(B)

Permitted uses of the property, including a plan of development, unless waived by the city council,

(C)

The range of permitted density or intensity of use,

(D)

The maximum height and size of proposed buildings, and

(E)

Provisions for reservation or dedication of land for public purposes or the payment of fees in lieu thereof,

ii.

Conditions, terms, restrictions and requirements for subsequent discretionary actions; provided that such conditions, terms, restrictions and requirements for subsequent discretionary action shall not prevent development of the land for the uses, and to the density or intensity of development set forth in the agreement. The development agreement may provide that construction shall be commenced within a specified time, and that the project or any phase thereof be completed within a specified time. The agreement may also include terms and conditions relating to applicant financing of necessary public facilities and subsequent reimbursement overtime,

iii.

Such other provisions as may be considered necessary or proper by the city council to further legitimate city interests and/or to protect the public health, safety or welfare, so long as such terms are not inconsistent with the provisions of state law related to development agreements, nor are inconsistent with other city ordinances, policies or resolutions;

Two copies of a preliminary title report dated within the last six months.

Standard city planning and zoning provisions are available for the processing of normal development projects. However, the city recognizes that in specific and unique situations, it may be in the public's best interest to enter into a development agreement for the benefit of both the public and the developer. An applicant for a development agreement shall demonstrate the public benefits to be provided by the proposed development.

Planning Director Review. The planning director shall review the application and accept it for filing if it is complete and if it appears to comply with the applicable provisions of this section. The planning director shall forward a copy of the proposed development agreement to the city manager, city attorney, and staff advisory committee for review and comment. Upon receipt of the comments, the planning director shall determine any additional requirements necessary to complete the agreement application and shall prepare a report and recommendation to the planning commission and city council on the proposed development agreement, with any proposed amendments.

Planning Commission Review. A public hearing before the planning commission shall be noticed and held pursuant to the provisions of Section 16.12.160 of this title. Following a review of the application, the planning commission shall adopt a resolution stating their recommendation to the city council of approval, approval with modifications, or disapproval of the development agreement.

City Council Decision. A public hearing before the city council shall be noticed and held pursuant to the provisions of Section 16.12.160. After the city council completes the public hearing, it may accept, modify or disapprove the recommendations of the planning commission. It may, but need not, refer matters not previously considered by the planning commission during its hearing back to the planning commission for report and recommendation. The planning commission may, but need not, hold a public hearing on matters referred back to it by the city council.

Development agreements shall be approved by ordinance that includes the required findings of fact listed in subsection D of this section. All such development agreements are, and shall be, incorporated by reference into this title. A development agreement shall not be approved unless the city council finds that the provisions of the agreement are consistent with the general plan and any applicable specific plan. After the ordinance approving the development agreement takes effect, the agreement may be executed on behalf of the city.

Required Findings. The city council may approve a development agreement only if all the following findings of fact can be made in an affirmative manner:

The development agreement is consistent with the goals, objectives, policies, general land uses, and programs specified in the general plan and any applicable specific plan;

The development agreement is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located;

The development agreement is in conformity with public convenience, general welfare, and good land use practice;

The development agreement will not be detrimental to the health, safety, or general welfare;

The development agreement will not, in respect to the subject property, or any other property, adversely affect the orderly development thereof or the preservation of property values.

Recordation. Within ten (10) days after the city enters into a development agreement, or any modification or the cancellation thereof, the city clerk shall have a copy of the agreement, modification or cancellation recorded in the office of the county recorder, which shall describe the land subject thereto.

Amendment or Cancellation.

Either party to a development agreement may propose an amendment to, or cancellation in whole or in part of, any development agreement. Any amendment or cancellation shall be by mutual consent of the parties, except as otherwise provided by this section, or as otherwise permitted by law.

The procedure proposing and adopting an amendment to, or the canceling in full or in part of, the development agreement shall be the same as the procedure for entering into an agreement in the first instance. However, if the city initiates a proposed amendment to, or a cancellation in whole or in part of, the agreement, the city shall first give written notice to the party executing the agreement of its intention to initiate such proceedings not less than thirty (30) days in advance of the giving of public notice of the public hearing to consider an amendment or cancellation. The notice to the property owner may be given by depositing it in the U.S. Mail, with first class postage, addressed to the party at his or her address last known to the planning director.

Except for clerical corrections that do not affect the substantive terms and conditions agreed to by the parties, notice of any proposed amendment or cancellation of a development agreement, in whole or in part, shall be given pursuant to the provisions of Section 16.12.160 of this title and subsection (F)(2) of this section.

Periodic Review.

The city council shall review the terms and conditions of the development agreement every twelve (12) months from the date the agreement is entered into for compliance by the applicant or his or her successor in interest. During this review the applicant or his or her successor in interest must demonstrate compliance with the terms of the development agreement. The burden of proof on this issue is upon the applicant or successor.

If the city council determines, on the basis of substantial evidence, that the applicant or his or her successor has not complied with the terms and conditions of the agreement during the period under review, the city may initiate proceedings as provided in this section to modify or terminate the agreement.

(Ord. 573 Exh. A (part), 2005: prior code § 9-03.080)

16.16.160 - Home occupation permits.

Purpose and Intent. The home occupation permit is intended to allow for enterprises that are conducted within homes in residential districts, and that are clearly incidental and secondary to the use of the dwelling unit and compatible with surrounding residential uses.

Authority. The planning director is authorized to approve home occupation permits subject to the appeal provisions of Section 16.12.150. A public hearing shall not be required for issuance of a home occupation permit.

Submittal and Review Requirements.

Applications for home occupation permits shall include the following:

Completed planning application form and required fee and attachments (see also Section 16.12.030;

Accurate and detailed description of the proposed use, including, but not limited to, the location for the storage of materials and equipment, total square footage to be utilized for the home occupation, and number of students (if instruction is involved);

If an applicant is not the owner of the property where a home occupation is to be conducted, then a signed statement from the owner approving such use of the dwelling must be submitted with the application.

Upon acceptance of a home occupation application, the planning director shall review the request for compliance with the conditions listed in subsection D of this section. The planning director shall render a written decision within thirty (30) calendar days of the application being accepted as complete. The decision shall clearly state any conditions of approval or reasons for denial and applicable appeal provisions of this title.

Immediately following the effective date of an approved home occupation permit, when no appeal has been filed, the applicant shall obtain a city business license. City business licenses expire on a yearly basis. If the business license is not renewed within thirty (30) days after expiration, the home occupation permit shall become null and void.

Prior to issuance of the home occupation permit and issuance of a business license, the applicant shall sign an agreement with the city acknowledging the conditions imposed by this title on such uses and promising to abide by such conditions.

Conditions for Issuance of Home Occupation Permits. Home occupations may be permitted on property used for residential purposes, based on the following conditions:

The use of the dwelling for such home occupation shall be clearly incidental and subordinate to its use for residential purposes by its inhabitants.

No persons, other than members of the family who reside on the premises, shall be engaged in such activity.

There shall be no change in the outward appearance of the building or premises or other visible evidence of the activity.

There shall be no sales of products on the premises, except produce (fruit or vegetables) grown on the subject property.

The use shall not allow customers or clientele to regularly visit dwellings. However, incidental visits may be permitted, such as, but not limited to, the sale of fruits and vegetables or music lessons (if approved by the planning director).

No equipment or processes shall be used on the subject property that creates noise, smoke, glare, fumes, odor, vibration, electrical, radio, or television interference disruptive to surrounding properties.

No home occupation shall be conducted in a garage. The garage must be kept clear for the parking of vehicles at all times.

The use shall not involve storage of materials or supplies in a garage or outside any structures. Any hazardous materials to be used in the home occupation shall be listed on the application and material safety data sheets (MSDS) shall be provided with the application for each material.

No signs shall be displayed in conjunction with the home occupation, and there shall be no advertising using the home address.

10.

A home occupation permit is not valid until a current city business license is obtained and shall be valid only for the person to whom it is issued.

Required Findings. The planning director may approve a home occupation permit application only if all of the following findings of fact can be made in an affirmative manner:

The requested home occupation is not prohibited pursuant to the provisions of subsection F of this section;

The requested home occupation permit will comply with all conditions specified in Subsection D of this section;

The issuance of the home occupation permit will not be detrimental to the public, health, safety, or general welfare.

Prohibited Home Occupation Uses. The following uses, either by operation or nature, are considered not to be incidental to or compatible with residential activities and therefore shall not be permitted as home occupations:

Automotive and other vehicle repair (body or mechanical), upholstery, painting or storage;

Barber and beauty shop;

Carpentry and cabinet making;

Welding and machine operation;

Medical offices, clinics and laboratories;

Animal hospitals and grooming facilities;

Contractor's storage yards; provided, however, that the parking of one commercial vehicle with an unladen weight of four thousand five hundred (4,500) pounds may be permitted;

Adult entertainment;

Exercise studios;

10.

Musical, dancing, and educational instruction having more than five students at any one time and more than three classes per day;

11.

Junk yards;

12.

Other uses the planning director determines to be similar to those listed above.

(Ord. 573 Exh. A (part), 2005: prior code § 9-03.090)

16.16.170 - Administrative sign permit.

Purpose and Intent. An administrative sign permit is intended to allow planning review of signs for projects consisting of a single permitted use having a total aggregate sign area not exceeding one hundred (100) square feet, and having sign heights of eight feet or less, as set forth in Chapter 16.60.

Authority. The community development director is authorized to approve administrative sign permits subject to the appeal provisions of Section 16.12.150 of this title. Depending on the location and/or type of sign, the architectural advisory committee, or a representative thereof may be asked to review the permit and provide a recommendation to the community development director. A public hearing is not required.

Submittal and Review Requirements,

Administrative sign permit applications shall contain the following:

Completed planning application form and required fee and attachments (see also Section 16.12.030);

Five copies of a plot plan, drawn to a standard engineers scale (approval necessary for use of scale smaller than 1:30, i.e., 1:40 or 1:50) and with a north arrow, showing:

Location, exterior boundaries and dimensions of the entire property that is the subject of the application,

ii.

Public and/or private adjacent streets, rights-of-way, and easements,

iii.

Site access, circulation and off-street parking facilities,

iv.

Existing and proposed buildings and structures,

Wall, fences, exterior lighting structures and planted areas,

Five copies of a sign plan showing:

Dimensions and areas of all signs,

ii.

Dimensions and areas of building walls on which signs are to be located,

iii.

Heights of all signs,

iv.

Means of lighting, if any,

Message that will appear on each sign,

vi.

Description of materials and colors for letters and background,

vii.

Scaled drawing of each sign showing typeface and design details,

viii.

Relationship of sign appearance and design to existing or proposed buildings,

ix.

Method of attachment to any structure and details of all connections, supporting members, guylines and footings,

Statement of sign valuation;

A statistics table showing:

A calculation of the total allowable and proposed square footage of signs,

ii.

A calculation of the total number of signs allowed and proposed,

iii.

Square footage of proposed signs listed by sign type,

iv.

Square footage of existing signs listed by sign type. Signs to remain and to be removed must be clearly indicated;

Other information that the community development director may reasonably require to secure compliance with the Chapter 16.60 of this title and all applicable design guidelines.

After receipt of a completed application, the community development director shall approve an administrative sign permit when the proposed sign satisfies all applicable provisions of this title.

If the community development director approves the administrative sign permit, the building department shall be notified. A building permit and payment of applicable fees may be required.

If the community development director determines the sign to be unacceptable, the director shall inform the applicant of identifiable issues and suggest alternatives to resolve such issues. The applicant shall then be directed to return with revisions and/or work with staff to resolve issues. If issues cannot be resolved, the community development director shall deny the administrative sign permit.

Required Findings. An administrative sign permit may be approved if the following findings are made:

The proposed sign is consistent with the goals, objectives, policies and programs of the Arroyo Grande general plan and any applicable design guidelines;

The proposed sign conforms to applicable development standards and will not be detrimental to the public health, safety or welfare;

The physical location or placement of the sign is compatible with the surrounding neighborhood and does not pose a safety risk.

(Ord. 573 Exh. A (part), 2005: prior code § 9-03.140)

16.16.180 - Administrative sign program.

Purpose and Intent. To ensure compatibility and consistency within a development, an administrative sign program shall be required for:

All multitenant developments of two to eight separate, permitted uses that share either the same lot or building and/or use common access and parking facilities;

Projects or developments with a total aggregate sign area exceeding one hundred (100) square feet but less than one hundred fifty (150) square feet;

Ground signs between eight and twenty (20) feet high; and

Minor tenant signs in older centers (regardless of the number of tenants) without an established sign program.

Authority. The community development director is authorized to approve administrative sign programs subject to the appeal provisions of Section 16.12.150. The architectural advisory committee shall provide recommendations to the community development director regarding administrative sign program requests. A public hearing is not required.

Submittal and Review Procedures.

Administrative sign program applications shall contain the following:

Completed planning application form and required fee and attachments (see also Section 16.12.030).

Five copies of a plot plan, drawn to standard engineer's scale (approval necessary for use of scale smaller than 1:30, i.e., 1:40 or 1:50) and with a north arrow, showing:

Location, exterior boundaries and dimensions of the entire property that is the subject of the application,

ii.

Public and/or private adjacent streets, rights-of-way, and easements,

iii.

Site access, circulation and off-street parking facilities,

iv.

Existing and proposed buildings and structures,

Walls, fences, exterior lighting structures and planted areas;

Five copies of a sign plan showing:

Dimensions and areas of all signs,

ii.

Dimensions and areas of building walls on which signs are to be located,

iii.

Heights of all signs,

iv.

Means of lighting, if any,

Message that will appear on each sign,

vi.

Description of materials and colors for letters and background,

vii.

Scaled drawing of each sign showing typeface and design details,

viii.

Relationship of sign appearance and design to existing or proposed buildings,

ix.

Method of attachment to any structure and details of all connections, supporting members, guylines and footings,

Statement of sign valuation;

A statistics table may be required, showing:

A calculation of the total allowable and proposed square footage of signs,

ii.

A calculation of the total number of signs allowed and proposed,

iii.

Square footage of proposed signs listed by sign type,

iv.

Square footage of existing signs listed by sign type. Signs to remain and to be removed must be clearly indicated;

Other information that the community development director may reasonably require to secure compliance with the Chapter 16.60.

After receipt of a completed application, the community development director shall schedule an administrative sign program for review by the architectural advisory committee.

Upon recommendation by the architectural advisory committee and when the proposed sign satisfies all applicable provisions of this title, the community development director may approve an administrative sign program provided the findings are met.

If the community development director approves the administrative sign program, the building department shall be notified. A building permit and payment of applicable fees may be required.

If the community development director determines the sign(s) to be unacceptable, the director shall inform the applicant of identifiable issues and suggest alternatives to resolve such issues. The applicant shall then be directed to return with revisions and/or work with staff to resolve issues. If issues cannot be resolved, the community development director shall deny the administrative sign program.

Required Findings. The community development director may approve an administrative sign program only if all of the following findings of fact can be made in an affirmative manner:

The proposed sign is consistent with the goals, objectives, policies and programs of the Arroyo Grande general plan, specific plan and any applicable design guidelines or approvals;

The proposed sign conforms to applicable development standards and provisions of this title and will not be detrimental to the public health, safety or welfare;

The physical location or placement of the sign is compatible with the surrounding neighborhood and does not pose a safety risk.

(Ord. 573 Exh. A (part), 2005: prior code § 9-03.145)

16.16.190 - Planned sign program.

Purpose and Intent. To ensure compatibility and consistency within a development a planned sign program shall be required for:

All multitenant development of nine or more separate permitted uses that share either the same lot or building and use common access and parking facilities;

Projects or developments with a total aggregate sign area exceeding one hundred fifty (150) square feet;

Ground signs between twenty (20) and fifty (50) feet height; and

For those uses set forth in Chapter 16.60 of this title.

Authority. The planning commission is authorized to approve planned sign programs subject to the appeal provisions of Section 16.12.150. The community development director, architectural advisory committee, and staff advisory committee shall provide recommendations to the planning commission regarding planned sign program requests. A public hearing pursuant to the provisions of Section 16.12.160 of this title shall be required.

Submittal and Review Procedures.

Planned sign program applications shall contain the following:

Completed planning application form and required fee and attachments (see also Section 16.12.030);

Ten (10) copies of a plot plan, drawn to standard engineer's scale (approval necessary for use of scale smaller than 1:30, i.e., 1:40 or 1:50) and with a north arrow, showing:

Location, exterior boundaries and dimensions of the entire property that is the subject of the application,

ii.

Public and/or private adjacent streets, rights-of-way, and easements,

iii.

Site access, circulation and off-street parking facilities,

iv.

Existing and proposed buildings and structures,

Wall, fences, exterior lighting structures and planted areas;

Ten (10) copies of a sign plan showing:

Dimensions and areas of all signs,

ii.

Dimensions and areas of building walls on which signs are to be located.

iii.

Heights of all signs,

iv.

Means of lighting, if any,

Message that will appear on each sign,

vi.

Description of materials and colors for letters and background,

vii.

Scaled drawing of each sign showing typeface and design details,

viii.

Relationship of sign appearance and design to existing or proposed buildings,

ix.

Method of attachment to any structure and details of all connections, supporting members, guylines and footings.

Statement of sign valuation;

A statistics table showing:

A calculation of the total allowable and proposed square footage of signs,

ii.

A calculation of the total number of signs allowed and proposed,

iii.

Square footage of proposed signs listed by sign type,

iv.

Square footage of existing signs listed by sign type. Signs to remain and to be removed must be clearly indicated;

Other information that the community development director may reasonably require to secure compliance with the Chapter 16.60.

A planned sign program application shall be processed and reviewed for approval in the same manner as a conditional use permit (Section 16.16.050).

Following a review of the application and public hearing pursuant to Section 16.12.160 of this title, the planning commission shall adopt a resolution stating its decision and containing the findings of fact upon which such decision is based.

Required Findings. The planning commission may approve a planned sign program only if all of the following findings of fact can be made in an affirmative manner:

The proposed sign is consistent with the goals, objectives, policies and programs of the Arroyo Grande general plan, specific plan, and any applicable design guidelines or approvals;

The proposed sign conforms to applicable development standards and provisions of this title and will not be detrimental to the public health, safety and welfare;

The physical location or placement of the sign is compatible with the surrounding neighborhood and does not pose a safety risk.

(Ord. 573 Exh. A (part), 2005: prior code § 9-03.150)

16.16.200 - Public art.

Purpose and Intent. To facilitate and encourage property owners to provide outdoor public art, including but not limited to, murals. Public art applications shall be processed and reviewed as authorized in the most recent version of the city's public art guidelines and public art donation program. A copy of the public art guidelines and public art donation program are available with the community development department and the city clerk's office.

(Ord. 573 Exh. A (part), 2005: prior code § 9-03.155)

(Ord No. 730, § 4, 5-28-2024)

16.16.210 - Business license clearance.

Purpose and Intent. Title 5 of this code requires review by the community development department for all business licenses in order to verify compliance with zoning regulations. Business licenses that do not comply with zoning regulations will not be approved. This section is provided to indicate the procedure the community development department should use to process business license clearances.

These standards are applicable to business license applications that:

Involve a change of occupancy in an existing structure that is not subject to a conditional use permit or plot plan review; or

Renew a license for a business using leased off-site parking.

Authority. The community development director is authorized to review business license applications forwarded to the community development department from the finance department for compliance with regulations set forth in this Title, subject to the appeal provisions of Section 16.12.150.

Standards for Business License Clearance.

New Licenses. Approval of new business license applications, reviewed by the community development department, shall satisfy the following criteria:

The proposed site and any structure or land uses existing on the site shall not be in violation of any applicable provision of this title, except for nonconforming uses pursuant to Chapter 16.48.

Reuse of Existing Structures. Approval of a business license application that proposes establishment of a different business in an existing building or structure shall be subject to the provisions of subsection (C)(1) of this section and, in addition, shall be subject to the following:

The proposed business site shall provide for the number of off-street parking spaces, driveway, and parking lot improvements as required by Chapter 16.56.

All signing on the proposed site shall be in compliance with Chapter 16.60, and Section 16.48.110.

New Uses. Approval of a business license for the first occupancy of a new building or structure shall require compliance with all provisions of this title.

(Ord. 573 Exh. A (part), 2005: prior code § 9-03.180)

16.16.220 - Revocation of permits, licenses or approvals.

Purpose and Intent. In order to protect the public health, safety and welfare, and in order to enforce the provisions of this title, it may, from time to time, become necessary to revoke a previously approved permit, license or approval. The purpose of this section is to provide a process for revoking permits which protects the public health, safety and welfare, as well as the rights to due process of permit holders within the city.

Authority. The planning commission is authorized to revoke any permit, license or approval, subject to the appeal provisions of Section 16.12.150. A public hearing pursuant to Section 16.12.160 shall be required for revocation of permits.

Initiation of Revocation of Permits. Revocation of permits may be initiated by the consensus of the planning commission or by city council or by the city manager based on citizens' complaints.

Notification and Time Limits for Correction.

The community development director shall notify the permit holder in writing of pending revocation, shall state specifically the reasons for revocation. A public hearing date before the planning commission shall be set pursuant to the provisions of Section 16.12.160, and notice shall be given to the applicant.

In taking action to revoke a permit, the planning commission shall have the discretion of setting the effective date of the revocation, in order to allow the permit holder adequate and appropriate time in which to make necessary corrections.

Required Findings. A permit subject to revocation pursuant to the provisions of this section may be revoked by the planning commission if any one of the following findings are made:

That the permit was obtained by misrepresentation or fraud;

That the use for which the permit was granted has ceased and was suspended for six or more consecutive calendar months;

That the conditions of the permit have not been met or the permit granted is being or has been exercised contrary to the terms of the approval or in violation of any statute, ordinance, law or regulation.

(Prior code § 9-03.200)

16.16.230 - Reports on conformity with the general plan or an adopted specific plan.

Purpose and Intent. Under the provisions of Sections 65402, 65552 and 65553 of the California Government Code and similar sections on public acquisitions, dispositions and construction, the state has adopted requirements for review and reports as to the conformity of public projects with the adopted general plan or any adopted specific plan of the local jurisdiction within which the project is to be undertaken. The provisions of Section 65402 of the Government Code, however, shall not apply to abandonments, acquisitions and dispositions, including dispositions of the remainder of a larger parcel, which are for street projects, including widening and alignment projects, of a minor nature. The purpose of this section is to provide a process for public agencies, including departments of the city, to request and receive such reports.

Authority. The community development director shall be authorized to prepare reports pursuant to this section, subject to the appeal provisions of Section 16.12.150.

Submittal and Review Requirements.

An application for a report on conformity with the general plan or adopted specific plan shall contain:

Written request and required fee and attachments (see also Section 16.12.030);

Information regarding any cooperating or involved agencies;

The legal basis for the project and an estimated time schedule for development or action to be taken;

The location, address or legal description of the subject property or area, together with appropriate maps and description of the proposed project and uses;

The location of adjacent streets, easements, utilities, and other features, both natural and constructed, that may affect or be affected by the proposal;

Development plans of any proposed construction, including such structural features as may be required to determine if the proposal is in conformity with the general plan and any specific plan in effect in the area.

After receipt of a completed application, the community development director shall make a report to the applicant as to the conformity of the proposed project with the adopted general plan, or any part thereof, or with any specific plan for the area.

(Prior code § 9-03.210)